Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1986-10-15 Council Packet
Kenai City Council Meeting Packet October 15, 1986 i . E. :u r Ail ggmm . Lane ulna' Y1 Ak= i g: � • 11�OUi�-R9a�iNi�ot : !'b�f #aew,' tt. a1gh -1W 11 li otr r61,M-- �: NNeitAM►:��,i • T�111iM of ' � liMid•TnManl�' '4. •. IIM.�Mlr9l1':M�9�. � •11��. Md • Sf�N:-� �! �?� �=. iMt1MM/'Mwu teoP � 1ldNll�vioK- . . . s. lIII�YA111 MF�t?'A�It11 M� • U 44e1i'l�tloMn�t; ""' ' .. �' .. iaar.'I�t � H< �w fro• • >14,�r� - A" "M;-' Awlinftw. Mpoil".- _��-.�//•MII/� d._ Aid ju - TOW"vit *ww, a* 11llONiifn' #aN AWW Md- of Irl�t aO iln��lok,NyyOfI.��QQ - �lN.tMi1i CJhMgt:' Pirk.tQ .�� •'`: �: � IMfrw�M!(b Mind and'pMMo►pati: L m i i - l AGENDA 1 KENAI CITY COUNCIL - REGULAR MEETING f I OCTOBER 15, 1986 - 7s00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Certification of Election 2. Election of Vice Mayor 3. Agenda Approval"""'" 4. Consent Agenda * All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) C. PUBLIC HEARINGS 1. Resolution 86-91 - Federal Express - Lease Space in 2. Airport Terminal (��) Resolution 86-92 - Awarding Contract - Float Plane Facility, Engineering Design - Wm. Nelson - $519700 3. Resolution 86-93 - Transfer of Funds - Sewer Treatment Plant - $59000 4. Resolution 86-94 - Award Bid - Snow Removal - VIP S/D, East Kenai, Beaver Loop - Ross Services 5. Resolution 86-95 - Award Bid - U Blade Attachment, Snow Plow - H. Cooper Corp. - $69875 6. Resolution 86-96 - Award Bid - Snow Plow Attachments - N.C. Machinery - $89630 7. Resolution 86-97 - Award Bid - Snow Blower, Cutter do Tractor - Sahlberg Equip. - $91,500 B. Resolution 86-98 - Award Bid - Tractor - H. Cooper Corp. - $249491 9. Resolution 86-99 - Award Bid - Fire Dept. Carpet - Rutherford - $8,800 10. Resolution 86-100 - Street Name Change - Park to Highbush --- - ----` 11. Resolution 86-101 - Request for State Ombudsman -�yl Appointment to Investigate Prison Break D. MINUTES 1. *Regular Meeting, Oct. 1, 1986 E. CORRESPONDENCE 1. City of Homer - Natural Gas Pipeline Site F. OLD BUSINESS 1, Classation Study G. NEW BUSINEifi y_ a;r�umI(A 1. Bills to be Paid, Bills to be Ratified � 2. Requisitions Exceeding $1,000 3. +►Ordinance 1169-86 - Amending Kenai Municipal Code - Acting City Attorney 4. "Ordinance 1170-86 - Amending Kenai,Mur Acting City Manager S. Assignment of Lease - F. Meyer Ltd. to CIIAP 6. Assignment of Lease - Wasson to Bielefe GAA 7. Disc. - Capital Improvements Projects - Improvements ''8. Disc. - Street Light Replacement 9. Disc. - ADEC - FY 188 Capital Budget Ri H. REPORTS 1, City Manager 2. City Attorney 3. Mayor 4. City Clerk S. Finance Director 6. Planning & Zoning 7, Harbor Commission S. Recreation Commission 9, Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT L is F 7 M '- r 41 COUNCIL MEETING OF :5 G COUNCIL MEETING OF -- ------ -- % . , r.�c�n cap ���c������■��� L{ nLk OCTOBER 15, 1986 INFORMATION ITEMS 1 - KPB Agenda - 10-14-86 2 - Workshop, Cooperative Extension Service - "In Control - The Business of Local Government" 3 - Fairbanks North Star Borough Resolution - Property Taxes Under the Alaska Native Claims Settlement Act 4 - Comm/Comm Application - Patrick Cartee 5 - Resource Development Council Meeting Schedule - October 6 - Municipal League Newsletter - October 1986 7 - Memo, Finance Director Brown - Objection to Schilling Request for Re -allocation of Debt 8 - Billing - Doyle Const. - Cook Inlet View Or., Lilac - $66,002.22 9 - Library Report - Sept. 1986 10 - Memo, Engineer LaShot - Float Plane Facilities, Engineering 11 - Transfer of Funds Under $10000 - Sept., Oct. 1986 12 - Billing - Wm. Nelson Engrg. - Boating Facility - $56,250 13 - Central Alaska Const. - Standard, Richfield, Thompson P1., Lack of X-Section by Owner 14 - Application for Permit, Corps. of Engra. - Kenai River, 4 Commercial Mooring Buoys, C. Garcia 15 - Letter, Public Works Director Kornelis to Peninsula Clarion - Boating Facility Local Hire j w 0 0-1 a CITY OF KENAI REGULAR ELECTION OF OCTOBER 79 1986 WE, THE MEMBERS OF THE KENAI CITY COUNCIL, DO HEREBY CERTIFY THE RESULTS OF A CANVASS OF THE BALLOTS FOR THE REGULAR ELECTION OF OCTOBER 79 1986. MAYOR: Ray Measles 601 Jerry Sibley 127 John Williams 701 COUNCIL: Loretta Breeden 517 Art McComsey 565 Chris Monfor 746 Ozzie Osborne 483 SPOILED BALLOTS 15 ABSENTEE BALLOTS 71 CHALLENGED BALLOTS 41 TOTAL BALLOTS CAST 158_ TOM WAGONER TOM ACKERLY-- SALLYB ILIE JESS HALL ATTEST: 3aneF Whelan, City Clerk L RAY MEASLES CHR S MUNFOK JOHN WISE OCTOBER 15, 1986 L 4 i k i} p i ' t *, - - - - -. - i - i 0 La 19- / CITY OF KENAI REGULAR ELECTION OF OCTOBER 79 1986 WE, THE MEMBERS OF THE KENAI CITY COUNCIL, DO HEREBY CERTIFY THE RESULTS OF A CANVASS OF THE BALLOTS FOR THE REGULAR ELECTION OF OCTOBER 79 1986. MAYOR: 31'7S' Rey Measles -t-10- A 4 Jerry Sibley Q John Williams COUNCIL: Loretta Breeden Art McComsey Chris Monfor Ozzie Osborne SPOILED BALLOTS ABSENTEE BALLOTS` CHALLENGED BALLOTS TOTAL BALLOTS CAST TOM WAGONER ION ACKERLY SALLY BAILIE JESS HALL ATTEST: RAY MEASLES CHR S MONFOR JOHN WISE Janet Welent C ty Clerk OCTOBER 159 1986 -_ .. . 0 i " T' Li A . it � � � • �{ +; c •f Suggested by: City Council CITY OF KENAI RESOLUTION NO. 86-91 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ALLOWING FEDERAL EXPRESS, INC. LEASE SPACE IN THE KENAI MUNICIPAL AIRPORT TERMINAL BUILDING. WHEREAS, Federal Express, Inc. is recognized by the FAA as a certified air carrier, and WHEREAS, Federal Express, Inc. hopes to initiate flights into the Kenai Municipal Airport with its own aircraft in the future, and WHEREAS, Federal Express, Inc. will provide a valuable service to the City of Kenai, end WHEREAS, Federal Express, Inc. has agreed to build their own counter in the terminal building under specific architectural guidelines that conform with the existing airline counters, and WHEREAS, Federal Express, Inc. has agreed that, with adequate notice, they will vacate the lease in the event the demand for passenger airline office and counter space is required, and WHEREAS, Federal Express, Inc. has agreed to conform to the Council's directive on weight and size restrictions of packages coming across the airline counters in the terminal, and WHEREAS, Federal Express, Inc. agrees to a two year lease with a one year option to lease space in the Kenai Municipal Airport terminal. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Federal Express, Inc. be allowed to lease space in the Kenai Municipal Airport terminal subject to the aforementioned addendume to the lease. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 15th day of October, 1986. John Will -isms, Mayor ATTEST: anet a en, City C er L il n Ai September 26, 1986 CITY OF KENAI „Oil Cap" a' 44"a � MO RDALGO KWAI, AL"U NMI TF MMONB46 -M5 L MEMORANDUM TOt Kenai City Council ��yy-- FROM: Randy Ernst, Airport Maneq:87 RE: Federal Express Federal Express hoe requested that the resolution regarding their - request for lease space in the Kenai airport terminal be postponed to the October 159 1986 regular Council meeting. Their letter confirming this is forthcoming, but was not available at packet time. It will be carried into the October 1,'� Y 1986 Council meeting. RE/dg F CITY OF KENAI 110d (%P441 oj 4"10 MOR"M WAN'M."" M11 I'MM(ME203-MU October 10, 1986 . ....... .. MEMORANDUM TO: Mayor John Williams and Kenai CAty Council FROM: Randy Ernst, Airport Manager T RE: Resolution 86-91, a request by ederal Expreseq Inc. for lease apace in the Kenai Airport Terminal, The purpose of this memo is to reiterate the recommendation as stated in my memo dated July 11, 1986. That memo recommends that Federal Express be allowed to lease space in the terminal building. Resolution 86-91 outlines very specific parameters for the lease and gives the City the flexibility it needs to accommodate any additional requests for lease space by now passenger airlines. The type of freight Federal Express proposes to handle over the counter is the some type of freight currently being handled at the terminal by both SouthCentral Air and ERA. Freight larger than the size and weight limitations set by Council would be handled in a separate facility or by courier van, just as SouthCentral Air and ERA do currently. Federal Express is the only FAA certified air freight carrier of its type with aircraft based in Alaska. Kenai could, eventually, be served by one of their newly purchased Cessna Caravans which in turn would be additional revenue to the airport through lending fees. The lease would generate $9,563.40 per year on space in the terminal which has not been in use nor has been requested for This lease not only generate monies for the airport, use. would but also jobs for the community.Federal Express expects to hire six to ten local people to staff its Kenai office. In conclusion, it would seem to be economically prudent for the City to enter into this lease with Federal Express, Inc. This year's enplanements are down approximately 20% from last year's; one airline has gone bankrupt, leaving us with only two air carriers leasing space -in the terminal and the local economy in there general has leveled off if not sagged. It appears unlikely I I i will be a large enough upturn in activity within the next three (� years that this lease would have to be terminated. The option for lease termination is built into the lease agreement, but that would require three or possibly four airlines to request and rent ' available apace prior to necessitating a termination to provide airline space. RE /dg ul. a S it c -/ G0 U �il . n, n� October 15, 1986 Dear Honorable Mayor and City Council Membersi g I apologize for not being able to present my views in person tonight on Resolution 86-91 - Federal Express - Lease Space in Airport Terminali however I would appreciate each of you taking just a minute to read my ` views. I believe it is only fair to state my views are personal as well as business related. I work for DHL Airways, Inc. an express service similar to Federal Express. I do not object to Federal Express serving our community, in fact the challenge of competition is welcomed. I do feel however some of my concerns are worthy of careful consideration by the Council. My first point may be construed by some as "sour grapes", but I truly do not believe so. Approximately seventeen months ago DHL approached the City of Kenai when we were looking for a new location. We were told at that time the policy was not to lease to air freight only businesses. We respected that policy and pursed other alternatives, of which there were numerous options. Granted the exposure DHL would have received by locating in the terminal building would have been a real asset, but the policy is appropriate for the airport. Our current location provides ample parking for our customers, allows us easy and quick access to the airport to recover our material (from the rear of the terminal) and the majority of our outbound freight never passes through the terminal. ( In all fairness we do take a bag of material to one of the airline ticket counters Monday - Thursday weighing approx- imately 30 pounds.) Additionally, is it appropriate to put passengers at potential risk in the event a hazardous substance should be carried through the terminal? I believe all of us in the air express business take as many precautions as is humanly possible, but we are just that, human and accidents can and do happen. This risk is limited by using the available air freight facilities and the rear of the terminal. Limiting package size not to exceed 70 pounds can be somewhat deceiving. What if in the event one customer has 20 packages each weighing 70 pounds? One customer has just carried 1400 pounds of freight through the terminal. While this may not be an every day event, it most certainly occurs. In closing, I would like to reiterate the fact that our community has air freight facilities (or warehouse space) available which would more than serve the needs of Federal Express and these options should be explored. Additionally, it is my strong personal opinion that I would like to see our terminal used for serving passengers not:freight. Thank you for your time and consideration of the concerns I have presented. S ce %aq� eton I e ;7) Suggested by: Administration I RESOLUTION NO. 86-92 i A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR ENGINEERING DESIGN SERVICES TO WM. J. NELSON & ASSOCIATES FOR THE PROJECT ENTITLED "FLOAT PLANE FACILITY" FOR A NOT -TO -EXCEED AMOUNT OF $51t700. WHEREAS, the City of Kenai received proposals from the following firms on October 7, 1986: Wm. J. Nelson & Associates Mike Taurisinen, P.E. McLane and Associates, Inc. Wince-Corthell-Bryson WHEREAS, the Public Works Department and the Airport Manager feel that it is in the best interest of the City of Kenai to award this project to Wm. J. Nelson & Associates, and WHEREAS, the award includes the basic project, a drainage plan, and does not include water and sewer design, and WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded for Engineering Design Services to Wm. J. Nelson & Associates for the project entitled "Float Plane Facility" for a not -to -exceed amount of $519700. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of October, 1986. ATTEST: Jane he en, City Clark Approved by Finance: "d Written by Public Works: L ToM WIECI—ARS-9 RXYOR L a 71 i:- 1 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 86-93 8E IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE WATER AND SEWER i' SPECIAL REVENUE FUND: t: From: Sewer Treatment - Contingency $5,000 To: Sewer Treatment - Repair and j Maintenance Supplies $5,000 r This transfer provides money to purchase a conveyor belt and 4 related parts for the sewer treatment plant. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 15th day of October, 1986. Janet Whelan, City Clerk ;`. Approved by Finances ed John Williams, Mayor L L 7 0 1 0 c-y { Suggested bys Administration i RESOLUTION NO. 86-94 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR 1986 CONTRACT SNOW REMOVAL FOR VIP SUBDIVISION, EAST KENAI, AND BEAVER LOOP TO ROSS SERVICES. WHEREAS, Attachment A is the bid tabulation for the bide that were received for the above services on October 9, 1986. WHEREAS, the recommendation from the Public Works Department is to award the bid to Ross Services for the flat rate of $1,080.00 per job or $90.00 per hour as per specifications, and WHEREAS, sufficient monies are available, and WHEREAS, the Council of the City of Kenai has determined that awarding this contract to Ross Services for the flat rate of $1,080.00 per job or $90.00 per hour as per specifications is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Contract Snow Removal - 1986 for VIP Subdivision, East Kenai, and Beaver Loop be awarded to Ross Services for the flat rate of $1,080.00 per job or $90.00 per hour as per specifications. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of October, 1986. ATTESTS Ta-net Whe an , ElEy Clerk Approved by Finances e9 Written by Public Wor ss 77. 70—HN WIL IA S, MAYOR I r -! l Cf1 z O M rn O z ►r co < 0 cn C rrir as no rn z 0 -- a- - ' - - -- - --- - 14C A � a O Q w n s r b Qi 6.9 c r Suggested by: Administration RESOLUTION NO. 86-95 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING COOPER CORPORATION FOR THE BID FOR A U-BLADE ATTACHMENT TO HOWARD -� THE TOTAL AMOUNT OF $6,875.00. WHEREAS, the following bids were received for the above mentioned JI U-Blade Attachment on October 9, 1986: 1 MODEL/MAKE BIDPRICE 4 BIDDER _....- -`. N.C. Machinery Co. Balderson $7,650.00 69875.00 Howard Cooper Corp. Weldco --=' WHEREAS, Howard Cooper Corporation's bid of $69875.00 is the lowest -� - responsible bid which meets the bid specifications, and ;`. WHEREAS, the recommendation from the Public Works Department and the bid to Howard Cooper Corporation for Airport Manager is to award the the total amount of $6,875.00. ss WHEREAS, sufficient funds are available. 1; WHEREAS, the Council of the City of Kenai has determined that Corporation for the tote awarding this contract to Howard Cooper amount of $6,875.00 is in the best interest of the City. :.. 4.ALASKA, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, Attachment be awarded to Howard that the bid for a U-Blade Cooper Corporation for the total amount of $6,875.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of October, 1986. :i JOHN WILCURS, MAYOR ane a an, City Clerk Approved by Finance: ft? - ----- '= -- rks: Written by Public WO L L i n 4� C Suggested by: Administration RESOLUTION NO. 86-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR A REVERSIBLE SNOW PLOW ATTACHMENT TO N.C. MACHINERY COMPANY FOR THE TOTAL AMOUNT OF $8,630.00. WHEREAS, the following bids were received for the above mentioned Reversible Snow Plow Attachment on October 9, 1986: BIDDER MODEL/MAKE BIDS PRICE j N.C. Machinery Co. Balderson BRH $8.630.00 Howard Cooper Corp. Weldco GR4.5 99285.00 _y WHEREAS, N.C. Machinery Company's bid of $8,630.00 is the lowest responsible bid which meets the bid specifications, and Y 'r WHEREAS, the recommendation from the Public Works Department is to award the bid to N.C. Machinery Company for the total amount of 1 $8,630.00. WHEREAS, sufficient funds are available. WHEREAS, the Council of the City of Kenai has determined that awarding this contract to N.C. Machinery Company for the total amount of $89630.00 is in the beat interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for a Reversible Snow Plow Attachment be awarded to N.0 Machinery Company for the total amount of $8,630.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of October, 1986. ane C a an, y er Approved by Finance s 1°9 it Written by Public Works: 0 N WIELIAMS, MAYOR Is - - -� --� ---~I L 0 WE C, - 7 Suggested by: Administration RESOLUTION NO. 86-97 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR A SNOW BLOWER, CUTTER, AND TRACTOR TO SAHLBERG EQUIPMENT, INC. FOR THE TOTAL AMOUNT OF $91,500.00. WHEREAS, the following bid was received for the above mentioned Snow Blower, Cutter, and Tractor on October 9, 1986: BIDDER MODEL/MAKE Sahlberg Equipment, Inc. Schmidt/Mercedes-Benz New Models BASIC BID $90,859.00 Local Government Radio 1,016.00 FAA Radio 19332.00 Hydraulic Dump Box 4,500.00 TOTAL $97,707.00 Alternate Bids Demonstrator BASIC BID $879659.00 Local Government Radio 1,016.00 FAA Radio 10332.00 Hydraulic Dump Box 4,500.00 TOTAL $94,707.00 WHEREAS, since the City received only one bid, apparently this company is a sole source, and WHEREAS, Public Works negotiated with this company to lower the bid for the demonstrator model to $91,500.00 by not requiring the unit to be repainted, and WHEREAS, the recommendation from the Public Works Department is to award the bid to Sahlberg Equipment Inc. for the total amount of $91,500.00, which includes all of the extras, and WHEREAS, sufficient funds are available. WHEREAS, the Council of the City of Kenai has determined that awarding this contract to Sahlberg Equipment Inc. for the total amount of $91,500.00 is in the best interest of the City. L >� NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for a Snow Blower, Cutter, and Tractor (demonstrator) be awarded to Sahlberg Equipment, Inc. for the total amount of $91,500.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of _E _ October, 1986. , MAYM J ATTEST: . f r } Janet 0561on, City Clerk Approved by Finance: e4 Q Written by Public Works: `1 �1 11 I I! i .r� f{ i r iF r E C — 8" Suggested by: Administration RESOLUTION NO. 86-98 7 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR AN ALL-PURPOSE TRACTOR TO HOWARD COOPER CORPORATION FOR THE TOTAL AMOUNT OF $240491.00. WHEREAS, the following bids were received for the above mentioned All -Purpose Tractor on October 9, 1986s BIDDER MODEL/MAKE BID PRICE Howard Cooper Corp. Ford 3910 BASIC 21,975.00 Rotary Beacon 216.00 Local Government Radio 1,025.00 FAA Radio 10050.00 Chain Guards Standard End Gates 225.00 TOTAL 24,491.00 Yukon Equipment, Inc. Case 380 8 BASIC 239614.00 Rotary Beacon 180.00 Local Government Radio 725.00 FAA Radio 1,185.50 Chain Guards 275.00 End Gates 2� 10.00 TOTAL 26,189.50 WHEREAS, Howard Cooper Corporation's bid of $24,491.00 is the lowest responsible bid which meets the bid specifications, and WHEREAS, the recommendation from the Public Works Department and the Airport Manager is to award the bid to Howard Cooper Corporation for d the total amount of $24,491.00, which includes all of the extras, :l.. and h WHEREAS, sufficient funds are available. WHEREAS, the Council of the City of Kenai has determined that awarding this contract to Howard Cooper Corporation for the total r amount of $24,491.00 is in the best interest of the City. L i is �F 5, I i l • NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for a All -Purpose Tractor be awarded to Howard Cooper Corporation for the total amount of $24,491.00. I PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of October, 1986. ATTEST: JaneE WFrelang Elty Clerk Approved by Finances C.a� Written by Public Works: K_ i r-- 1 i t; •:1 01 Suggested by: Administration C — ? RESOLUTION NO. 86-99 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR FLOOR COVERING TO S. RUTHERFORD FLOOR COVERING FOR THE PROJECT ENTITLED *KENAI FIRE DEPARTMENT FLOOR COVERING 1996" FOR A LUMP SUM AMOUNT OF $99800.00. j WHEREAS, the City of Kenai received bids for the above mentioned floor covering from the•following firms: i Decor Industries $14,281.00 Homer Floor Center $ 99985.00 4-D Interiors $ 9,941.00 Peninsula Flooring $ 90865.91 Peninsula Flooring Alternate $ 9,355.49 S. Rutherford Floor Covering $ 8,800.00 Allen & Peterson $-7,490.00 WHEREAS, the bid of Commercial Contractor's Inc. dba Allen and Peterson Company has been determined to be non -responsive and is now declared a non -responsive bid; WHEREAS, The City of Kenai Fire Department recommends awarding the bid to S. Rutherford Floor Covering for the total bid amount of $8,800.00; WHEREAS, the Council of the City of Kenai feels that it is in the best Interest of the City of Kenai to award this project to S. Rutherford Floor Covering; and WHEREAS, sufficient funds are available. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENA19 ALASKA, that a contract be awarded for floor covering to S. Ruthherford Floor Covering for the project entitled, "Kenai Fire Department Floor Covering 1996" for a lump sum amount of $89800.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of October, 1966. ATTESTe Janet Whelen, City Clerk Approved by Finances Written by Kenai Fire Dept.i CO- JOHN WILLIAMS, MAYOR -f � 71 • CITY OF KENAI Vd (?apdal 4 4" r) MOFIDAWO MAI,ALA M 09811 TELEPHONE 283-M5 MEMORANDUM TO: Alfred Ivenoff, Fire Chief City of Kenai FROM: J. Ron Sutcliffe, Acting City Attorney City of Kenai DATE: October 8, 1986 RE: Kenai Fire Department Floor Covering Bid You have requested that I review the Kenai Municipal Code and relevant State statutes and cases to determine whether the City of Kenai may reject a bid for floor covering submitted October 8, 1986 by Alan & Petersen Company. The facts that have been presented to me indicate that on September 229 1986 the City of Kenai published in the Peninsula Clarion an advertisement for bids relating to floor covering at the Kenai Fire Department. The bid specifications required that the bidder include a current Kenai Peninsula Borough Certificate of Registration (these are apparently for tax purposes). At the bid opening, the apparent low bidder was Alan & Petersen Company with a bid of $7,490.00. The next higher bid was Rutherfords' Floor Covering with a bid of $8,800.00. In response to the bid specifications, the Alan & Petersen Company did not attach a copy of the current Kenai Peninsula Borough Certificate of Registration, but instead, typed in the following words: "Pending at Kenai Borough. Please confirm with Dawn Lahnum - 262-4441 at Borough. Copy to follow." When I met with you in your office on October 8, 1986 at approximately 3:30 p.m., I telephoned the number listed on the bid proposal and spoke with Dawn Lahnum. At that time she informed me that Alan & Petersen had not obtained a current 1 L is L 0 7 j 1 II � .i 1 { 'f � (`� Certificate of Registration from the Borough. Ma. Lahnum 4 informed me that she had only mailed the materials for Ii application for the Certificate on October 8, 1986 to Alan do {S Petersen Company. a This bid problem is very similar, if not identical, to a problem ? which arose in March, 1986 when the City attempted to award a contract for fence repair. In that case, the bid specifications required that the contractor have and keep current, a contractor's license and business license for the duration of the 4 - project. The low bidder in that case, submitted his bid without . the contractor's license and stated that, it was "applied for." ?' When Jack laShot investigated the matter, he found that the application was dated several days after the bid opening. In that case, the City Attorney advised the City Council to reject the bid of the apparent low bidder and accept the next higher bid based on the non -responsiveness of the apparent low bidder. �T - I would concur with the precedent which has already been set in this matter and conclude that in this case, you should reject the .' apparent low bidder's bid, based upon non -responsiveness. The fact that the bidder was not entirely accurate in their characterization of the Certificate as "pending" might also go to their responsibility. However, in this case, it is not necessary to go into the non -responsibility issue. 'I Rejecting the bid in this case as non -responsive would follow the prevailing Alaska view that proposals for public contracts must substantially comply with all requirements contained in the Invitation for Proposals. See, Kin v. Alaska State Housing Authority, 512 P.2d 887 (Alaska, 1973). As pointed out in the i. King decision, while "minor" variances do not require rejection of a proposal, material variances generally will require a rejection of a bid proposal as non -responsive. At 892. The Court generally consider minor variances as transposition of 4_ numbers or minor errors in calculation which do not amount to a large percentage as compared to the entire project. Erasures are } another example of a minor variation Another factor in the City's favor is the fact that the determination by a public agency of the responsiveness of a bid is usually within the agency's discretion, subject to judicial review, of an ascertainment that there was a reasonable basis for the agency's action. Kelly v. Zamarello, 40 P.2d 906 (Alaska, 1971). Again, I would conclude that the bid should be rejected. JRS/clf L J Suggested By: Planning & Zoning Commission i 1 CITY OF KENAI RESOLUTION 86-100 l '{ is A RESOLUTION OF THE COUNCIL OF THE CITY OF MUM, ALASKA, CHANGING THE NAME OF A RIGHT-OF-WAY WITHIN THE CITY LIMITS FROM PARKS STREET TO - - HIGHBUSH LANE. t l y WHEREAS, Section 14.15.140 of the Kenai Municipal Code authorizes the h+7 Council to name or rename streets, and WHEREAS, a request has been received from Mr. Gary Bogus, a resident of 1 the right-of-way in question for a street name change, and 1 WHEREAS, the Kenai Advisory Planning & Zoning Commission has held a '• meeting for the purpose of hearing testimony regarding this issue from any and all persons, and WHEREAS, certified letters have been sent to all property owners either l 1 adjacent to or affected by the proposed street name change, and WHEREAS, as a result of this meeting held on October 8, 1986, the f Advisory Planning & Zoning Commission recommends approval of the proposed street name change from Park Street to Eighbush Lane• l l NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT: Section_ : the street name be changed and/or established according to the attached "Exhibit All including any future development :j between the two existing right-of-ways indicated by the broken line. :. PASSED BY THE KENAI COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day .- fl of October, 1986. _ -`-F---- i3-..----.------- John J. Williams. Mayor . ATTEST: .t Janet Whelan, City Clerk i I CITY OF KENAI d Goa#W of Aad a 4 MO ROAL80 IMAI, ALABKA NOtt TELEPHONE293-? 8d i I t i i MEMORANDUM TO: Kenai City Council FROM: Janet A. Loper, Planning Specialist SUBJECT: Request for Street Name Change: Park Street to Highbush Lane - Gary Hogue DATE: October 9, 1986 BACKGROUND A request to change a street name has been received from Mr. Gary Bogue, a resident of "Park Street" to change the name from Park Street to Highbush Lane. There are 15 parcels of property adjacent to or affected by the proposed name change. Certified notices were sent to all 8 property owners of the 15 parcels. No comments have been received as of packet day, Friday. ANALYSIS As a result of researching the tax parcel maps, Borough base maps, and the Kenai Zoning Map, it is ascertained that Park Street is in a direct line to the south of Highbush Lane. There is no development between the end of Highbush Lane and the beginning of Park Street, however, there is a potential for development as the new elementary school on Swires Road is under construction in the vicinity. Should that development begie it would be a logical step to continue a street name creating a situation very similar to Linwood Lane or Candlelight Drive which rur, parallel to the proposed Highbush Lane in the same vicinity. The Advisory Planning & Zoning Commissioner held a meeting for the purpose of taking testimony from the public concerning the proposed 1 change. No persons were present to speak to the issue. The Commiss: made a motion to recommend approval of the name change based on the foregoing data. . .. Lam.. 7 —.-�--�'•-ter, I ✓rf/:1:G•� /: M 11:J1 S/R VE•RTi'b lots � .j � ,ts• A , r �® CC g. ij �f .. • t.eOAe• �' •to4' lot. • 1: • ... � v ,apt • X � M Ito rtt ; . 1&3 . R4 rtS 1 _ 1 130 120 12g /.O� �, 6W AO. !O• i .7R.t � M•� %U 93 .� r M I LfIL. m•+•sOre A�q O (DI I tall •l' ;� • 1S1 LsS 0 L .• ;!: RIM ris r e• .t. a •• Ott ��7AAT .. r•'•-.�.} ® . ' fit• •'f LAW { .. K Q/�RA a BUD. OK j •f7df Z•17.70 'PARK• •u0-s1Kt �^ . Sl�bJ": posu/ • 6 ba Ru�arned +o µ� 8h bus:+ LaA+e. -- -lid E M ` (} Darby & Dorothy Howell Box .1019 j Kenai, AK 99611 y L Gary C. & Margie J. Bogue Pox 1504 Kenai, AK 99611 '- - Rex & Caren Ann Bennett s Box 158 .. Kenai, AK 99611 1? :� Raymond A. & Nancy J. Santoro P.O. Box 3210 -� - -h Waikoloa, HA 96743 .. 3 Bill J. & Doreen F. LaShot Box AK 99611 Kenai, AK Charles A. Brown i i i t A 0 CITY OF KENAI "Od Cap" o f 4"" A10 NDALGO WMI, MMU M11 THL6P110NE266.7636 NOTICE OF MEETING Kenai Advisory Planning & Zoning Commission Notice is hereby given that a request to change a street name has been submitted by Mr. Gary Hogue. The proposed name change involves that Right-of-way now known as Park Street. The requested name is Highbush Lane. The requested name change would be a continuation to the south of the existing Highbush Lane rather than a duplication. The meeting on this matter will be held by the Kenai Advisory Planning & Zoning Commission at its regularly scheduled meeting on Wednesday, October 8, 1986 which commences at 7:00 PM in the Kenai City Hall Council Chambers. Anyone wishing to present testimony concerning this request should do so at this hearing or submit written comments to the City of Kenai, Planning Commission, 210 Fidalgo, Kenai, Alaska 99611 prior to October 8, 1986. For more information, please call the Planning Department at 283-7933. Janet A. Loper Planning Specialist PUBLISH: lx October 1, 1986 YOU ARE BEING SENT THIS NOTICE BECAUSE YOU LIVE OR OWN PROPERTY ADJACENT TO THE RIGHT-OF-WAY PROPOSED FOR THE NAME CHANGE — [a M :a r ,1 a 21 AAC 10.300 21 AAC 20.010 CHAPTER 20. INVESTIGATIONS Article 1. Receiving and Processing Complaints (21 AAC 20.010-21 AAC 20.OSo) 2. Conducting an Investigation (21 AAC 20.100-21 AAC 20.150) 3. Concluding an Investigation (21 AAC 20.200-21 AAC 20.250) 4. Confidential Information (21 AAC 20.300-21 AAC 20.390) ARTICLE 1. RECEIVING AND PROCESSING COMPLAINTS Section 10. Subjects excluded from investigation 20. Complaints 30. Anonymous complaints 40. Declining a complaint 50. Resolution without investigation (1) a complaint that, at the time the com- plaint is filed, is the subject of a judicial pro- ceeding; (2) a complaint that challenges the sub- stantive content of the administrative decision of an agency if, at the time the complaint is filed, (A) the decision is the subject of an ad- ministrative hearing or an administrative appeal; or (B) the ombudsman determines that the decision may be resolved more appropriately by an administrative hearing or an administra- tive appeal for which the complainant may make timely application; (3) a complaint that relates to an adminis- trative act of which the complainant has had knowledge for more than one year before the complaint is filed; is Register 97, April 1986 (4) a complaint that constitutes the grievance of an employee covered by a collective bargain- ing agreement entered into between the em- ployer and the employee's authorized bargain- ing agent if the bargaining agreement provides that its grievance -arbitration provision is the sole method of settling controversies or disputes arising under the agreement; (5) a complaint filed by or on behalf of a municipality that employs a municipal attorney or that retains the services of an attorney for general legal counsel; (6) a complaint for which it appears that applicable law or administrative procedures pro- vided a remedy adequate in the circumstances for the complainant and the complainant did not avail himself of the remedy with no reasonable justification for the complainant's failure to do so; or (7) a complaint as to which the ombudsman advises the complainant that disclosure of the complainant's identity is necessary to enable the ombudsman to conduct an investigation and the complainant refuses to allow disclosure of his or her identity. (b) The ombudsman will, in his or her discre- tion, decline to investigate (1) the complaint of a complainant whom the ombudsman reasonably believes has no interest in the result of the investigation other than that of a member of the general public; (2) a complaint which the ombudsman be- lieves the complainant has not given the agency an opportunity to resolve. (Eff. 9/16/84, Reg. 91; am 3/28/86, Reg. 97) Authority: AS 23AO.210 AS 24.55.090 AS 24.55.110 21 AAC 20.020. COMPLAINTS. (a) Except as provided in (b) of this section, a complaint to the ombudsman need not be in writing. (b) A complaint that alleges a breach of duty, misconduct, or discourtesy by an officer or employee of an agency may not be investigated unless the complaint is specific and in writing. If L 21-8 7 C L 0 I Suggested by Councilman Wise �'. RESOLUTION 86-101 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THE STATE APPOINT AN OMBUDSMAN TO INVESTIGATE THE PRISON BREAK AT WILDWOOD 11 WHEREAS, the City of Kenai has recently experienced a prison break from Wildwood Prison by a potentially dangerous criminal, and WHEREAS, this is a concern to the citizens of the community as -A well as the employees of Wildwood, and WHEREAS, the magnitude of the situation warrants more than an -: in-house investigation. f NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, I: ALASKA, that the Council hereby requests a State Ombudsman be appointed to investigate the cause and circumstances of the l recent prison break at Wildwood and report to the State Legislature for appropriate action. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of October, 1986. John J. W 1 ams, Mayor t^ +ll 1 L 1 7D r AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 1, 1986 - 7tOO PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD 00 Min.) 1. Phil Stiffler - Airport Perking of Planes C. PUBLIC HEARINGS 1. Ordinance 1167-66 - Amending toning Map - Parsons 2. Homestead Resolution 86-89 - Awarding Contract - Project Management, Coordination, Inspection - Wm. Nelson - Kenei Boating Facility - $78,000 0. MINUTES 1. *Regular Meeting, Sept. 17, 1986 E. CORRESPONDENCE F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Discussion - Organizing Regional Transportation 4. Organization Report - Old Town Committee - Approval of Road Plan H. REPORTS 1. City Manager 2. Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning 8 Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) ADJOURNMENT IN a m l_ KENAI CITY COUNCIL, REGULAR MEETING, MINUTES OCTOBER 1, 1966, 7t00 PM KENAI CITY HALL MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Ray Measles, Chris Nonfat, John Niue, Tom Wagoner, Tom Ackerly, Sally Bailie, Jere Hell Absentt None A-1 Agenda Approval a. Mayor Wagoner asked that - Lou Schilling, Etolin S/D A Spur S/D - be added as item 9-2. b. Mayor Wagoner asked that - Bill Burnett, CIIAP Loan - be added as item 8-3. C. Councilmen Wise asked that the Federal Express resolution be added to the agenda. He stated no one hoe the right to delete items Council hoe directed to be placed on the agenda. Mayor Wagoner sold he was notified of this objection. He woe not upset, nos is Federal Express. He noted the Mayor has the right to set the agenda, not Council. With concensus of Council, he eeid he would put it back on. Councilmen Measles noted if Federal Express cannot be here, there is no reason to put it on the agenda. MOTIONS Councilmen Wise moved to put the Federal Express resolution {\ on the agenda. Motion died for lock of a second. d. Mayor Wagoner asked that 2 PO's distributed this date- $3,000 to IBM and $19000 to NC - be added under item G-2. Council approved the agenda as emended by unanimous consent. A-2 Consent Agenda MOTION: Councilmen Measles moved, seconded by Councilman Hall, to approve the Consent Agenda as submitted. Motion passed by unanimous consent. e. PERSONS PRESENT SCHEDULED TO BE HEARD 6-1 Phil Stiffler - Airport Perking of Planes Mr. Stiffler explained he had been before Council last j winter. He was caught up in a legal problem of the City regarding air carriers indemnification insurance. Their i - ----- -- - ----= problem wee solved, hie has not been. He asked if the ! airport provides tie downs for short term and long term I pecking. Airport Manager Ernst replied, the airport has transient parking that the City controls. There ere oleo special use permits. Mr. Stiffler said he contacted Anchorage Merrill Field and got a tie down permit. He also + got one from Soldotne. He celled Anchorage airport, they told him there was a charge per day. The permit from the City is an 8 page lease, of the fish camp location, for his C-97 plane. He hen to buy insurance for general liability, plug fire insurance for the airport and the terminal. If his plane caught fire and blew up, it could not catch the terminal on fire. The permit etetoe "minimum limits will be applfeeied to lfelt- He has a $450 insurancee r. He did not lthis waspolicy, this t L F i v� F two KENAI CITY COUNCIL OCT. 1, 1986 Pego 2 will be $150 more. He will have to review It again with the attorney. It he Is commercial, it will be $10,000 to $15,000. He said if the City makes him buy this policy and sign a lease and he is general, when the City has the float plane basin, he would expect them to comply with this. Atty. Rogers asked if thin was Mr. Stiffler'a reply to his letter. Answer -yes. Atty. Rogers said he has not reviewed the letter he sent Mr. Stiffler. He added, if Council wants to diminish insurance requirements, that is their prerogative. Mr. Stiffler said he is asking for a policy consistent with airport tie down policies in other arose. Atty. Rogeea asked that he submit hie request in writing. He esid if he does not agree with Mr. Stiffler'e requeeta, he will notify Mr. Stiffler and it would come to Council. Mayor Wagoner noted the "Connie" that wee perked in Kenai some years ego - the City had many problems with it. Council would like the request in writing. Councilman Wise added he would like Mr. Stiffler to provide a copy from FAA that he to not commercial. Mr. Stiffler agreed to the requests. B-2 Lou Schilling - Etolin S/D, Spur S/D Lou Schilling, builder in Kenai. He is in the process of 2 new building projecta in Kenai and is trying to get financing. The City is in 2nd position in both. He is asking the City to be in 3rd position so he can get financing. One to on Spur and Bridge Access, the other Is on Main St. The Spur land has been divided into 3 lots. Atty. Rogers asked if he had a litigation report. He explained, Mr. Schilling is asking for redistribution of indebtedness on one lot to distribute on 2 lots. It would put the City lest. Atty. Rogers added, there to no problem with the Mein St. lend. The Spur land hoe been subdivided into 3 lots. The City value is $73,000. In order to free one lot, if we took 1/2 of the let lot and put it on the next, it would be $4,000 less then value. The other 1/2 of the tot would go to the 3rd. $77,000 would be the value of that. The indebtedness on both would be $69,000, $8,000 less than value. He noted he anticipated the City would be in tat with let and 3rd late. In the other one there is an appraisal with 5 pages of reservations, etc. He did not know where we were regarding this. The City would be freeing the lot indebtedness for redistribution on the 2 other Iota. That would still be equity. In redistribution the City would be lest. Mr. Schilling said, according to his attorney National Bank of Alaska hoe the let, the City has the 2nd on the Spur land. NBA would oak for a 2nd if the City would take 3rd. Atty. Rogers said the City would still be 2nd or 3rd. As to additional indebtedness, the City would be last. He noted there Is some urgency. Mr. Schilling explained, it is virtually impossible to finance a new building in Kenai. Finance Director Brown said he felt uncomfortable with both. The minimum down is 15%, maximum note is 85% of the sales price. The City is giving him a loan and giving him a note. We do not have a provision in the Code for this. He will wind up with a note worth more then 85%. In the peat, if we have had partial releases, we have made them pay something to release one. He noted, that does not solve his problem. Mayor Wagoner noted, they are all Borough appraisals, what is the size of lb? Mr. Schilling replied, 32,000 eq. ft. In le, where the building is, the City Is 2nd position. NBA to let, they will be 2nd and the City will be 3rd. MOTION: Councilmen Wise moved, seconded by Councilwoman Bailie, to ° approve both requests. Motion passed by unanimous consent. B-3 Bill Burnett - CIIAP Loan f F L _. 1 �I FMAI CITY COUNCIL OCT. 1. 1986 Page 3 . Mr. Burnett explained he Is in the process of obtaining a loan to up -grade his equipment. The City is in 2nd position, Alaska Statebank wants to be in 2nd. He is asking the City to be in 3rd position. It is imperative with the present economy, in order to stay competitive, that he up -grade his accounting equipment. Atty. Rogers said this Is the game 90 Mr. Schilling's request. the Iota were sold to Mr. Burnett subject to let deed of trust with the State. The amount owing the City is $40,000, the appraisal from Alaska Statebank is $700,000 value with improvements. The j proposed total indebtedness would be $294,000. MOT10Nt Councilman Wise moved, seconded by Councilman Meaelea, to approve the request. Motion passed by unanimous consent. C. PUBLIC HEARINGS C-1 Ord. 1167-86 - Amending Zoning Map - Parsons Homestead MOTIONt Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Councilman Wise said he had a problem with rezoning relative to a preliminary plat. It is an imaginary line with no official statue. MOTIONt Councilman Wise moved, seconded by Councilwoman 8aille, to amend the ordinance to add, Section 1, line 2, at the end of the sentence, "when substantiated by filing of final plat." Councilman Wise explained, for them to get the final plat, they have to sign an agreement to commence a road. That is not their intent. Why ask them to come up with a plat filed with the Borough that acreage is equivalent to what is asked? He is not asking it be used, just that there be a Plat. VOTE, Amendments Motion passed by unanimous consent. VOTE, Main Motion as Amendedt Motion passed unanimously by roll call vote. C-2 Res. 86-89 - Awarding Contract - Project Management, Coordination, Inspection - Wm. Nelson - Kenai Boating facility - $78,000 MOTIONt Councilman Hall moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. l i Councilman Wise asked if this was a negotiated contract that as not put out for RFP or bid. Public Works Director Kornelis explained, the original proposal included this. It wee accepted by Council, but the resolution did not include this. So he wrote this resolution. l fiction passed by unentmoua consent. l i A FAI Cz KENAI CITY COUNCIL e OCT. 1, 1986 :1 Page 4 MINUTES D-1 Regular Meeting, Sept. 17t 1986 Approved by Consent Agenda. E. CORRESPONDENCE F j None - t ' F. OLD BUSINESS ' f T None } G. NEW BUSINESS .>.�„. F0. G-1 Bills to be Paid, Bills to be Ratified MOTION �.. Councilman Ackerly moved, seconded by Councilwomen Bailie, to approve the bills as submitted. -:.�- - Motion passed by unanimous consent. '}t G-2 Requisitions Exceeding $1,000 MOTIONt - Councilman Hall moveds seconded by Councilwomen Bailie, to approve the requisitions as amended this date. Motion passed by unanimous consent. J G-3 Die". - Organizing Regional Transportation Organization 11 Council agreed to wait till after the election for action. { G-4 Report - Old Town Committee - Approval of Road Plan MOTIONt k Councilman Wise moved, seconded by Councilman Measles, that "i Administration be directed to implement paragraph 04 of the report. j a. Mayor Wagoner suggested it could be on the Capital " Improvements List. Councilman Wise explained, just do the engineering to see if we need additional right -of -Way. Councilwomen Bailie said she would like to have a ' - representative from the Old Town Committee here with _ ` graphics, etc. Mayor Wagoner suggested scheduling a work session with the committee. MOTION, Tablet :..; Councilmen Measles moved, seconded by Councilwoman Bailie, to table action on this item. ___..:___.._____._.__..• VOTE, Table (Paeeed)t yogi "eagles, Monfor, Wagoner, Ackerly, Bailie, Hall--- '�k j Not Wise 1 H. REPORTS � H-1 City Manager None _ a _ j t J. .i ji KENAI CITY COUNCIL OCT. 1. 1986 Page 5 H-2 City Attorney Atty. Rogers spoke. a. Rage rding the brief with Jackeon. It is under advisement, oral arguments were in Anchorage, they will wait for a decision. b. Legal Aset. Sutcliffe will be at the 10-15 meeting. There is no ordinance to that effect as there is with the Clerk. He has drafted an ordinance. Regarding pay scales for future City attorneys in Code, Council may went to use those scales. Utilizing in-house would allow continuous legal representation, not just at Council meetings. If the Clerk is one for 5 days or more, the assistant gets her pay. He will be gone for 10 days. Council should review how they want to deal with that. Council should be thinking about the end of the contract term 1-1/2 years from now. This would also be for the City Manager. Council should be thinkin of that now The bottom scale is $50,000, '- Council should coma up with an agreement. Councilwoman Bailie asked if the Code addressee a replacement for the City Manager. Atty. Rogers replied no, Finance Director Brown acts as City Manager. Councilwomen '.0 Bailie asked if we should do something about this. Atty. Rogers replied, if we burden someone with a job that requires expertise, they should be compensated - accordingly. The City is doing this with the Clerk, he t proposed the same thing with the Attorney. ,., t c. Atty. Rogers deferred to Councilmen Ackerly. 5t MOTIONe Councilman Ackerly moved, seconded by Councilwomen Bailie, \_ ;'. to adjourn to Executive Session pursuant to KMC 1.15.030 and AS 44.62.310(b) in order to discuss matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City. : Mayor Wagoner noted this was at the request of Atty. Rogers. h. : ! VOTE, Executive Session (Paeeed): � yea, measles, Wagoner, Ackerly, Bailie, Hell Not Monfor, Witte { t,. COUNCIL WAS IN EXECUTIVE SESSION 702 PM to 8e00 PM. °- MOTIONi Councilmen Measles moved, seconded by Councilwomen Bailie, i - that Council direct the Legal Dept. to proceed as outlined at the meeting upstairs regarding D&A bankruptcy. " Motion passed unanimously by roll call vote. - -- - - - -- b.(contd) Councilwoman Bailie asked that an ordinance i ,- regarding compensation for attorney replacement be at :- the Oct. 15 meeting, and City Manager replacement at - --- the same time. Council agreed by unanimous consent. H-3 Mayor I Mayor Wagoner spoke. a. The Kenai Central High School bend will clean up the City next week and. The City Crewe will pick up the trash begs. He suggested taking money out of the ( Leglsletive misc. account to donate to the KCHS band 1 1: trip. Councilmen Ackerly sold they are planning a trip i to Newell for a competition. Ii KENAI CITY COUNCIL i OCT. 1, 1986 �._ Page 6 MOTIONS �? Councilwoman Monfor moved, seconded by Councilwoman Bailie, r; to donate $300 to KCHS bend. _ i• Motion passed by unanimous consent. 's f Mayor Wagoner asked to have a letter of appreciation sent I with the check. � b. Mayor Wagoner said he hoe enjoyed hie time as Mayor and would urge those left on Council to keep up the good work. H-4 City Clerk Clerk 'helan reminded Council of the election Oct. 7, 1986. di H-5 Finance Director t'�.. Finance Director Brown distributed an analysis of interest revenue and sales tax, per request of Councilman Wiae- H-6 Planning h Zoning None H-7 Harbor Commission _ Public Works Director Kornelis reported the harbor work is ,E proceeding. Mayor Wagoner asked that a letter be sent to David Yraqui to state that moat of the money to rub-contractore will stay in the community. (This is in reply to Mr. Yraqui's letter to the newspaper) H-8 Recreation Commission "{ Mayor Wagoner noted the work on the softball diamond is proceeding. } �H-9 Library Commission None I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Airport Manager Ernst reported the Airport Master Plan is in its final stages- There will be a public meeting i Oct. 14 to review the changes. b. Atty. Rogers. Regarding compensation for the Acting Attorney. He proposed to compensate him under the new Code provieian Council Sewed for. Council had no objection. ¢ C. Councilmen Ackerly asked Public Works Director Kornelis if the streets were going to be striped before winter. _ Mr. Kornelie replied, the State does that. 4 d. Councilmen Ackerly asked Public Works Director KoenOILS - — -- -- =- to up -date the projects board in the Council chembere. j, e. Councilman Ackerly noted the work had been started on t Keneitze Ct. this date. f. Councilwoman Bailie expressed appreciation to Public Works Director Kornelis for the striping on Main St. Mr. Kornelis noted there was a sign put up also. g. Councilwoman Bailie reported the reilrosd ties for tha airport triangle park were to arrive this date. Work 1 should commence this Fall. Someone from the City will _ J have to coordinate the volunteer work. Councilman �..., Ackerly noted the work was handled very well by the contractor. Councilwoman Bailie asked if the utilities KENAI CITY COUNCIL OCT. 1. 1986 Page 7 7 will be moved. Mr. Kornelle replied thoy will be underground on Airport May. He added, they will be seeding on Airport May oleo. h. Councilwomen Monfor noted it has been a pleasure working with Mayor Wagoner and Councilman Hell. Councilmen Hell added he had Pun and learned a lot. ANDURNMENT s Meeting JJ adjourned at 805 PM. /Janet Whelan City Clerk L 8 J Q I t _O` CITY OF HOMER CITY HALL 1t 4 S'-' 491 EAST PIONEER AVENUE HOMER, AK., 99603-7624 (907)235-8121 September 5, 1986 Mayor Tom Wagoner City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mayor Wagoner, In the Peninsula Clarion dated August 28, 1986 there is an article on the front page which headlines, "Official says, Valdez may get natural gas line." This article quotes statements of Lawrence Lounsbury, Commissioner of Commerce and Economic Development. Mr. Lounsberry states that there are several factors which may cause the gas pipeline to be built to Valdez rather than to the Nikiski area. He does however state that there is a long ways to go before the site question is settled, including rights -of -way problems to be resolved in the matter of where the pipeline ends. Apparently at this time, there are leanings toward construction of the pipeline to Valdez. I feel that it would be to the economic benefit of the Peninsula to have the pipeline constructed to the Nikiski area. With this in mind, I would ask for support from the various communities on the Peninsula to try to direct the construction of the pipeline to the Nikiski area. I feel that this has a universal benefit to all of us on the Peninsula not just Nikiski. Homer has contacted it's lobbyist and is presently working ourselves to see what can be done in trying to accomplish this end. I would suggest similar action by the other communities. Please let me know if you have any ideas that may help us in this manner. Sincerely, City of Homer 6 John P. Calhoun Mayor JPC/pw L 1 1 t MBMO TO: Kenai City Council PROM: Charles A. Brown, Finance Director n DATE: September 24, 1986 :i SDBJBCr: Review of Classification Study by Committee (� y - Yesterday, the committee met which was appointed to review the recent classifi- cation study. The members of the committee are Councilmembers Bailie and Measles, •� ---- -,,,�, City Manager Brighton, Police Chief Roes, and myself. > # The committee recommends that Council: ,.a. 1) Adopt the job descriptions which were delivered with the study with f appropriate changes to job titles to reflect the current Kenai classifi- cation plan. ' 2) Fail to adopt the salary and classification portion of the study, and not t act on the consultant's recommendationo. The majority of the committee agreed that the methodology used by the consultant concerning the salary a survey and the application of the factor evaluation system to the four ; occupational groups was seriously flawed. it was felt that the goals set :,. out by the consultant on page l of her report were, in many instances, not 1 met. In addition, the committee feels that independent of, and without reference to, " t this study, the City Manager should address certain issues relating to personnel during next year's budget preparation. These issues include establishing {. trainee positions for Public Safety, adjusting all employees' anniversary dates - to the first of a month, and reviewing the job descriptions of employees for { ' possible adjustments in pay range. F .. Ir The committee also feels that the two positions identified as Administrative !._ .._.. # Assistant II and Administrative Assistant III should be changed to range 9 and 12, as recommended by the City Manager some time ago. This recommendation was made long before the classification study was conducted, and the two employees t have been paid at the higher ranges. These two changes should be made as soon } as possible. Assuming no objection, an ordinance will be on the November 5, 1986 agenda. I believe the above comments and recommendations reflect the thoughts of the majority of the committee. However, one member of the committee believes that, while some of the study was flawed, there is overwhelming evidence within and i outside the study to support range increases of the Librarian and Senior Citizen Coordinator. The committee as a whole felt that such a recommendation would be inconsistent with the rejection of the study, and perhaps beyond the scope o ' the committee's purpose. These two positions should be included in the City Manager's review suggested in the third paragraph. The dissenting member of the committee feels that the point system developed by the consultant can be useful in a single group approach, and deserves further investigation. .. it jit: i MEMO TO: Eenai City Council MM: Charles A. Brown, Piaaace Director C,�Q DATE: October 15, 1986 89WECT: D 6 A Property in December, 1984, the City sold Lot 3, Block 1, Etolin 1st Addition to D 6 A, which is now in bankruptcy. A summary of the financing follows: Sale Price $ 195,500.00 Down Payment (29.325.00) Note 166,175.00 Principal Paid to 7-22-86 (7.671.13) Balance at 7-22-86 158,503.87 Approximate accrued Interest for 3 months 3,962.60 Approximate balance owed t 162,466.47- The City has received an offer of $140,000 cash in return for giving fee simple title to the property. John Steinbeck, who apparently will acquire title to the land, has verbally agreed to consider giving the City a note for the balance of approximately $22.466. The City Administration has considered this offer and recommends that the Council take the following action: Agree to accept $140,000 in return for issuing fee simple title on the lot described in this memo. In addition, the City Manager is authorized to negotiate towards acceptance of a note for an amount up to the balance owing on the original sale at terms not to exceed 15 years, nor for less than 102 interest. y( JI ; -A 4 Via..._.. ------------ - - t _s CITY OF KENAI ., „Od Capd 4d o f 414"„ 210 FIVALOO KENAI ALASM 9MI ^— TEMMONS293-MB MEMORANDUM TO: Councilmembers City of Kenai FROM: J. Ron Sutcliffe, Acting City Attorney City of Kenai DATE: October 15, 1986 RE: D & A Bankruptcy At the last council meeting during an executive session, the City Council agreed to a proposed settlement in the D & A Bankruptcy matter. The settlement essentially had the City deeding the D & A property to John Steinbeck (subject to a approval of the Bankruptcy Court) and taking a deed of trust for amounts owing under the note. The City would not have seen much cash in the transaction. Mr. Steinbeck now proposes another settlement due to financing problems. Under the new proposal, the City receives $1409000 cash for the property and possibly a note (probably unsecured) from Mr. Steinbeck for the balance due on the note. In my opinion, this settlement is superior to the prior arrangement and our bankruptcy counsel in Anchorage concurs. It must be remembered that any proposed arrangement would be subject to a work-out by our bankruptcy counsel and subsequent approval by the Bankruptcy Court. To understand why this arrangement is probably a better deal for the City, an exploration of the alternatives is helpful. If the City chose not to go along with this proposed arrangement, the Bankruptcy proceedings would likely be drawn out, during Which time the City would lose income from the property and incur attorney's fees. The end result would probably have the City regaining possession of the property, but not the building. Under the original financing arrangements, it is not clear what would happen. The matter could very likely end up in litigation. I 0 L 0 1 t Litigation is a slow, tedious and expensive process and during this period, the City would lose income from the property. Rather then risk the possibility of becoming an adversary of this particular small business, the preferable choice is to end the >` proceedings in as clean a manner as possible. The proposed i. arrangement does this. -. - JRS/cl f i - o 1 :i i t '-' -•�- -- �4 c L 7 XI cOtmmy Eows SUPEEtM am 140 Willow Street Kenai, Alaska 99611 October 14, 1986 City of Kenai 120 Fidalgo Kenai, Alaska 99611 Attn: Bill Brighton, City Manager Dear Bill: The following information is submitted per your request for details on the D&A Supemwkek Bankruptcy. 1. I will be taking the stare building back whenever the Bankruptcy Courts finalize the proceedings, maybe as soon as October 25, 1986. 2. I, (Country Foods) have a Management Agreement with D&A until the end of the proceedings. I did this in order to keep the doors open and to keep the aseext from be- ing stripped from the building. C4l a P H' V.0Y 3. My financing for this project is from Alaska Continental Bank and it is contingent upon the City selling and de- livering to we a Fee Simple Title on the land. This loan is being guaranteed by SBA who will take a second posi- tion on the property. Alaska Continental will then have the building and the land to secure their note, as well as, the guarantee from SBA. This is the only option that I have for ffriancina. 4. The bank will loan me $. 3574 . rz-9 to cover all of the inventory, equipment, and purchase of the land. our estimate of the disbursement of these funds is as follows: Inventory: $ �_7'� Ooo Equipment: $ Zr- n e a Land: $ l�� Total: S 3:Zn =D A The amount awing the City on the contract isAs you can see, this leaves a gap of about between the loan and the amount necessary to payoff the City. All of the other resources at my disposal have gone into additional in- i ventory to get the store at an operable level. j City of Kenai Attu: Bill Brighton, City Manager October 14, 1986 Page -2- My specific request from the City would be to provide a mechanism to deliver a Fee Sinple Title to me for the above amount. ($ This letter to be held in omfidence. -owl In 1 3 (�6e�se �erer r N N O g 18 %D C" o O yN N g a m 9 U, O a Y�1 tp N M% V% rl N N n r '1 N ay M q 1 F p p N g gg _ . - _7, _ .. ~ th �M co .4 tJ� N 0 ir. ►� �0 to 95. i ¢ O . W rii O i ` ° f f't 1� 10 i a �l 1 f f � , i r r i 1 ' l\ Il L J_� L f3; F PURCHASE ORDER CITY of KENAI E � C-SHIPPING VENDOR 210 FIDALQO ST. PHONE 283.7538 ALL PACKAGES AND PAPERS k: t • ACCOUNTING RELATING TO THIS PUR- LCOUNTING KENAI, ALASKA 90611 CHASE. NG d. RKEIVIN r! OVED COPYNO. SITIONER Daro 10 1486 :. VENDOR NO. HOMER ELECTRIC ASSOC. Ordered byy ii Date /o • �f- ;: Contsc _ .. Phones_,"_ __I,._. SHIP VIAs BY _ �� � II 1 oruv wrr 4 PREPAY SHIPPING• CHARGE SEPARATE ON INVOICE TO" ""o-o"'ON PURCHASES AUTHORIZEDONLY THE FINANCE DIRECTOR WHEN SIGNED ABOVE BY OR HIS AUTHORIZED"AGENT ITEM NO. DESCRIPTION OR ARTICLE UNIT UNIT PRICE AMOUNT NOT -TO -EXCEED COST FOR HEA TO RUN THE APPROPRIATE ELECTRICAL POWER TO THE KENAI $ 500000. BOATING FACILITY STATEMENT BELOW READ OR MAILED TO VENDOR. 0 is for all cost & freight to Kenai TOTAL $ SO,000 Freight for this PO is on POUF A3 ADDITIONAL COSTS WILL BE PAID" TOUT DEPARTMENT nnrK *_49000-809 3s0,000, o BY • fob FOR COUNCIL MEETING Of ❑ Gy MEr. --U AU.rury u61ic Wurks —••L] Lit, clerk + OrMnel IfJrw Sukmiucd ByI-- Council OK [3No �YL4 - Ck--- 4�ro oe,Q br Cowtc i 1 _.--_._.... . L L i E 30 E f 1 ii 1 PURCHASE ORDER CITY OF KENAI HITE • VENDOR 210 FIDALQO ST. PHONE 283.7538 ' NARROACCOUNT NGING KENAI, ALASKA 99611 J� ' BLUE •SHIPPING 4 RECEIVING . :I REEN - APPROVED COPY �i PINK • REQUISITIONER VENDOR NO. n - WALDO do RUBY COYLE Ordered /ut € TO Data Contec Phone All YALKAUtS AND PAPERS RELATING TO THIS PUR- CHASE. No. pore i- j; SHIP VIA: BY 1 rnuvtnr oMt PREPAY SHIPPING • CHARGE SEPARATE ON INVOICE t o a vEequouTioN PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. DESCRIPTION OR ARTICLE MEND UNIT UNIT PRICE AMOUNT PAYMENT TO PROPERTY OWNER FOR UTILITY EASEMENT'FOR KENAI BOATING FACILITY $29000.( STATEMENT BELOW READ OR MAILED TO VENDOR. '� PO is for all cost & freight to Kenai —Freight for this PO is on PO# AS ADDITIONAL COSTS WILL BE PAID-VMOUT TOTAL j $2,000. DEPARTMENT nnme 49000-8098 $2,000,0) BY 26�� - MPAUMMI HEAD �o-is.OA roll COUNCIL r►���Tj..� :;F [*buy e.yr. --u ,,.L:r.loy Wag —(7riiul b ---u :ubm OtW113l T tted 0 Council OK [j"ID C]Ycs-..— Ck--.-• )0 7 " PURCHASE ORDER CITY OF KENAI 1 HITE • VENDOR 210 FIDALGO ST. PHONE 283.7636 LDENROD • ACCOUNTING ANARY • ACCOUNTING KENAI, ALASKA 99611 1 BLUE • SHIPPING & RECEIVING REEN • APPROVED COPY I PINK • REQUISITIONER VENDOR NO. -- r C&3 Associates Ordered by (Jess dl Clint Hall) Date TO Contact Phone Tt SHIP VIA: BY , G-a .1 THIS PuaCMtASE" ' OtiCER � NUMBER MUST APPEAR ON ALL PACKAGES AND PAPERS RELATING TO THIS PUR- CHASE Nog 0 15 06 Oote uuvtpr oAtt PREPAY SHIPPING • CHARGE F ° e AIION PURCHASE5 AUTHORIZED ONLY WHEN SIGNED ABOVE DY VFtOlpIFINANCE DIRECTOR OR HIS AUTHORIZED AGENT THE SEPARATE ON INVOICE ITEM NO. DESCRIPTION OR ARTICLE Qp UNIT UNIT PRICE AMOUNT PAYMENT TO PROPERTY OWNER FOR UTILITY $2,000.1 EASEMENT FOR KENAI BOATING FACILITY STATEMENT BELOW READ OR MAILED TO VENDOR. PO is for all cost do freight to Kenai —Freight for this PO is on P00 NU ADDITIONAL COSTS WILL BE PAID WITROUT TOTAL $29000 AUTHORIZATION & NEW PO PRIOR TO DELIVERY. n DEPARTMENT A.. 191 .00 J I i BY_WA21MiNI NERD t . 1 i 0 I ." Is i! F PURCHASE ORDER CITY OF KENAI HITE •VENDOR 210 FIDALGO ST. PHONE 283.7638 ALL PACKAGES AND PAPERS 01 ANARYLDENR ACCOUNTINGING KENAI, ALASKA 99611 CHTING TO THIS PUR• BLUE - SHIPPING & RECEIVINGNO. REEN - APPROVED COPY PINK • REQUISITIONER owe t— VENDOR NO. 1 Soldotna Sand & Gravel Ordered TO (Jackson Construction) Date Contac Phone SHIP VIA: BY DELIVERY DATE PREPAY SHIPPING • CHARGE foe I'ER ouolA°a'' PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. DESCRIPTION OR ARTICLE �pEp UNIT UNIT PRICE AMOUNT SEWER ROCK 200 yrd $ 8.0 $10600. STATEMENT BELOW READ OR MAILED TO VENDOR. PO is for all cost do freight to Kenai Freight for this PO is on P0# AS ADDITIONAL COSTS WILL BE PAID WVTIROUT TOTAL $1t600. DEPARTMENT By ARIEEHIr NERD 001.43130.2023 $1,600 00 mall I ING OF � G I of wvaLi{. .—U OWLY dlpr. --Q ALtamey -•---L]Pub,it `Narks City Clerk Origirai To Submitted CW1101 0K 0 to L]Yes Gk+�. 7 00 00 i I I l_ T Opy SS Sin ,Q rl 14 N ={ 14 ` d s u M a M V O V 4 �' t �r� ►t YS ,5� � w 1' Tf MM q�Q� wo W O � ..�• ._ � '..�. .. .. pYWif S it N U� 1 e 1.. o 41 emu+ G w N 'I i I j G' 0 f , V Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1169-66 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 1 BY ENACTING SECTION 1.55.030 ENTITLED "ACTING CITY ATTORNEY." WHEREAS, the City Attorney is occasionally absent from the City due to personal leave or municipal business; and, WHEREAS, the City Council desires that effective legal representation be available both at Council Meetings and for regular working hours during the attorney's absences; and WHEREAS, no specific provision currently exists for designating an Acting City Attorney; and, WHEREAS, the City has in the past had, presently has, and may have in the future, a Legal Assistant who is a member of the Alaska State Bar and familiar with City of Kenai municipal issues and litigation who could act as City Attorney. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code be amended by enacting KMC 1.55.030 entitled "Acting City Attorney" as follows: 1.55.030 Acting City Attorney: (a) In the event )nt vacancy of the office of the City Attorney, or in the ev the City Attorney is not available to perform the duties the office because of illness or other incapacity, being of town on official business, being on annual leave, or being unavailable for any other reason for five (5) or m working days, the City Attorney or in his absence or incapacity, the City Manager may appoint to perform the duties of the City Attorney during such vacancy, absence incapacity, or unavailability, an Acting City Attorney. (b) The appointment of an Acting City Attorney she be made in writing and shall be posted on the City Administration Bulletin Board with copies to all Councilmembers, Department Heads, and Commission Chairpersons, and a copy thereof shall be placed in the Personnel file of the employee so appointed. L 7 i i (c) When any period of service as City Attorney by an Acting City Attorney shall be five (5) working days or more in length, the person so serving shall be paid at the same salary rate as the City Attorney during such period or in the case of a vacancy of the City Attorney position at a rate set by the City Council. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth i day of November, 1986. ATTEST: Janet Whelan, City Clerk Approved by Finance: e4© 10/8/86 TOM WAGONER, MAYOR First Readings October 159 1986 Second Reading: November 5, 1986 Effective Date: December 5, 1986 L 0 i i C- . y Suggested byt Administration CITY OF KENAI ORDINANCE N0. 1170-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 1 BY ENACTING SECTION 1.05.030 ENTITLED "ACTING CITY MANAGER." WHEREAS, the City*Manager is occasionally absent from the City due to personal leave or municipal business; and, WHEREAS, the City Council desires that effective administrative representation be available both at Council Meetings and for regular working hours during the City Manager's absences; and WHEREAS, no specific provision currently exists for designating an Acting City Manager; and, WHEREAS, the City has in the past had, presently has, and may have in the future employees who are familiar with City of Kenai municipal issues and the administration thereof who could act as City Manager. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code be amended by enacting KMC 1.05.030 entitled "Acting City Manager" as follows: 1.05.030 Acting City Managers (a) In the event of a vacancy of the office of the City Manager, or in the event the City Manager is not available to perform the duties of the office because of illness or other incapacity, being out of town on official business, being on annual leave, or being unavailable for any other reason, the City Manager or in his absence or incapacity, the City Council may appoint to perform the duties of the City Manager during such vacancy, absence, incapacity, or unavailability, an Acting City Manager. (b) When any period of service as City Manager by an Acting City Manager shall be five (5) working days or more in length, the person so serving shall be paid at the same L 43 ,• A it i t 1 3 x c L •U f; i �l salary rate as the City Manager during such period or in the case of a vacancy of the City Manager, at a rate set by the City Council. 1 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth 1 day of November, 1986. 0 MS, MAYOR { i I ATTEST: Janet Whelan, City Clerk ! i Approved by Finance:_ca 10/8/86 First Reading: October 15, 1986 Second Reading: November 5, 1986 Effective Date: December 59 1986 L C' iF j 1, t � .A ..� j �I CITY OF KENAI %od eapd4d 4 4" M0 RULAO KENAI, ALMU mi TELEPKONE4lS-MS October 10, 1986 MEMORANDUM TOt Kenai City Council FROMt Ron Sutcliffe, Acting City Attorney a RE: Fred Meyer - Assignment of Lease J As detailed in the attached letter of Stephen Gale, Fred Meyer Real Estate desires an assignment to Fred Meyer, Inc. for the purpose of a stock offering. It has been the Legal Department's policy on all City leases to require individual signators as opposed to corporate signators. In the alternative, Council has accepted and approved net worth statements of corporations in lieu of individual signatory. Attached are two consents to assignment. SWconsent is conditioned upon receipt of an adequate financial statement from Fred Meyer, Inc. The Council could, based on the attached financial report clipped from "The Oregonian", make an informed decision of the relative net worth of Fred Meyer, Inc: and waive the individual signstors without receipt of the statement if the Council so chose. The Legal Department recommends waiting for the net worth statement. JRS/dg Attachments L • a Fred Meyer Real Estate Properties, Ltd. 3800 S.E. 22nd Avenue P.O. Box 42211 Portland. Oregon 97242 October 7, 1986 Mr. Bill Brighton City Manager City of Kenai Kenai, Alaska 99611 Dear Mr. Brighton: As we discussed in our telephone conversation today, Fred Meyer, Inc. is in the process of making a public stock offering which is expected to be consummated by the end of this month. As a result of the public stock offering and the sale and lease back of certain fee owned real estate owned by Fred Meyer Real Estate Properties, Ltd., we are in the process of selling to Fred Meyer, Inc. any undeveloped Real real estate currently held in inventory byMeyer Estate Properties, Ltd. This will also include the lease- hold interest of Fred Meyer Real Estate Properties, Ltd. with respect to its lease with the City of Kenai for that certain land covered under our lease dated July 8, 1985. If you could provide the necessary documents acknowledging the assignment of lease to Fred Meyer, Inc., a Delaware corporation, we would appreciate it. If you have any questions or comments, please do not hesitate to call. Sincerely, Al:el Stephen Gale *� Assistant Vice President Corporate Real Estate SXG:djm cc: Roy M. Whitman L Fred Meyer Real Estote ProWles, Ltd ban 0regon11m1tedp01tne01p ondall portlesde01kQv 11h1hepaAnerah1P agree that tt"villllook only tothe assetsoftt poftetshipttoossol pa�ehlpoblipatlonLandnottotheont;ets env d the L N c' C; t� m Z 6,��O sa �C ° 4 P � �1 w O 90 let • i5d `� s des$ � a it �� G 01 � �Q �� RM ��_ 6San!S€t Ss 4.+1i 919VIA8ti eo 3' rh� . it Ry�I -�� a rl _\ P�W- CA M�OGG �OJ!'' CD W Er oil ff 0 ° OOs �. w fO�yMpQs dfp � O M Q�P�.���gig ��V-°�'tO'itlq�a8� life �� a� "y��I'p+ w »' g WIMH 1 1. # 1 1 FIR4 IS "91S�ina r ICL 10 cr cEi _ I• it IgIrd.1 p 3 " �[11., - 0 56 WWII .. e w 4 @ a o tpy� l- t p�` �yF"�ngg o�i NQ�fl�s��'i�i a e to 13 6 �� a� ��� sus �� ��� � � •�'� S ao' !f �� :='_?� 5' R`s�'�6 a 8 g� 6@ ff a � 1 .. 9 TIM ROGERS Cm AIMMY CITY O1 MAI O ,o. „o MAsKAwai m7m W1 CITY OF KENAI CONSENT TO ASSIGNMENT The Assignment from FRED MEYER REAL ESTATE PROPERTIES, LTD. to FRED MEYER, INC., dated , covering the following -described propartyl Tracts B-1 and B-29 Cook Inlet Industrial Air Perk Subdivision, Kenai Recording District, Third Judicial District, State of Alaska Is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained in the original Leese above -described. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Aaeignor from any liability or responsibility under the aforementioned Leese, and does not relieve the Assignee from the condition requiring the City approval for any subsequent sublease or assignment. m. J. Briqhtan City Manager CI STATE OF ALASKA ) )as THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1906, WM. J. BRIGHTON, City Manager orThe City of Kenai, Xleake, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said city. c ery Public —for Alaska My Commission Expired �� II 77.---- . L L 7 1 TIM ROGERS p1Y AROON„ CITY Of KENAI o p, w, I,NAI, AIAS,AM11 2"fi22 CITY OF KENAI CONSENT TO ASSIGNMENT The Assignment from FRED MEYER REAL ESTATE PROPERTIES, LTD. to FRED MEYER, INC.. dated , covering the following -described propert91 Tracts B-1 and 8-29 Cook Inlet Industrial Air Perk Subdivision, Kenai Recording District, Third Judicial District, State of Alaska Is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained in the original Leese above -described. This consent is conditioned upon receipt and approval by the City Council of Kenni, Alaska of a detailed financial statement of Fred Meyer, Inc. which in the sole discretion of the City Council provides adequate assurance of financial responsibility of Fred Meyer, Inc. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requiring the City approval for any subsequent sublease or assignment. Wm—.J. Brighton City Manager STATE OF ALASKA ) )ee THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1986, WM. J. BRIGHTON, City Manager orfhe City of Kenai, Alaska, being personally known to me or havinq produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said city. otary Pu is or Alaska My Commission Expires: L 07 i, ff .i F, 1 tjj a i r k Jf1 i ii'- j' .% flm man C1tr AROpN" CITY OF KENAI .oa.to Mn" ASSIGNMENT OF LEASE THIS ASSIGNMENT, entered into between FRED MEYER REAL ESTATE PROPERTIES, LTD. of 3600 SE 22nd Street, Portland, Oregon 97242, hereinafter referred to as the Aesignort and FRED MEYER, INC., a Delaware Corporation, hereinafter referred to ea the Assignee. Assignor does hereby assign and transfer all of his Interest in the leneehold estate as evidenced by that certain Lease Agreement with the CITY OF KENAI as Lessor, recorded July 19, 1985, in Book 266 at Page 625, Kenai Recording District, and covering the following -described reel property: Tracts B-1 and B-2, Cook Inlet Industrial Air Perk Subdivision, Kenai Recording District, Third Judicial District, State of Alaska TO HAVE AND TO HOLD the some from the date hereof, for and during all of the remainder yet to come of the term of said Leese Agreement. Assignee agrees to comply fully with all the terms and provisions of the Leese, and to hold the Assignor harmless from any liability arising thereunder. IN WITNESS WHEREOF, the said Assignor has hereunto set his hand and seal this day of , 1986. ASSICNORT FRED MEYER REAL ESTATE C' PROPERTIES, LTD. By: Name Title ASSIGNEE: FRED MEYER, INC. By: Name Title STATE Of ALASKA ) )es THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1986, Names , Titlet , of FRED MEYER REAL ESTATE ROPERTIES, LTD., being persona y nown to me or having produced satisfactory evidence of Identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. Notary u c for Alaska My Commission Expires: = STATE Of ALASKA ) -_� THIRD JUDICIAL DISTRICT ) THIS IS 10 CERTIFY that on this day of 1986, Name: . Tit e� . of __ _ __'• ' FRED MEYER. C.� being personally known to me or having pro uced w eatiefoctory evidence of identification, appeared before me and .� acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of aeid corporation. M - i Notary Public for Alaske ;�. My Commiseion Expires a -1 I , - .._ I,• 1 TIM 900109 Gir ATIOUR. . MY Of KWAI - - moKomw a L. owl look L L 9 CITY OF KENAI %,,Od Oap" 4 4""' MOPIDALOO KENAI,ALASKA 9MI TELEPHONE283- B October 10, 1986 MEMORANDUM TO: Kenai City Council q FROM: Dana Gerstlauer, Administrative Assistant t� RE: Assignment of Leases - Wasson to Bielefeld/Schumacher The referenced leases between the City of Kenai and Gerald Wasson originated in 1976 and use an old lease form which does not include an insurance provision. It has been recommended by the Legal Department that the City's consent to the assignment of these leases be conditioned upon the assignee agreeing to execute an amendment to lease requiring the lessee to comply with all �} current and future insurance provisions of the Kenai Municipal Code pertaining to the lease. The attached consent form has been drafted to include this recommendation by the Legal Department. /d Attachments C.� L I W& TIM ROOM COT A11Off*1 MY OF KENAI .oWNW WW. MASI 9%11 ffi79w G.-6 CITY OF KENAI CONSENT _TO ASSIGNMENT The Assignment from GERALD dated OctoberW9, 1986ON o coveringROBERT the ELEffLD AND the 'oliowing-deecribed property: Lot 2, Block 2, General Aviation Apron No. 1, accordinq to Plot No. 73-68, Piled in the Kenai Recording District, Third Judicial District, State of Alaska subject to termslandec conditions asOGED AND containedPinBthe,artginel Lease same above -described, with the additional condition that the Assignee agree to and execute a lease amendment requiring the lessee to comply with all current and future insurance provisions of the Kenai Municipal Code pertaining to the lease. This Consent is given by the City of Kenai without waiving any right or action, oe releasing the Assignor from any liability or responsibility under the aforementioned Lease, end does not relieve the Assignee from the condition requiring the City approval for any subsequent sublease or assignment. m. rI g on City Manager STATE OF ALASKA jsa THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of sake, 1986, KM. J. BRIGHTON, City Manager oT'ihn City o ens , being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument an behalf of Gold city. o ary Public or es a My Commission Expires: L L k - 1 ASSIGNMENT OF LEASE The undersigned, GERALD L. WASSON, hereinafter referred to as Assignor, for TEN DOLLARS ($10.00) lawful money of the United States of America, and for other good and valuable consideration, the receipt of which Is hereby acknowledged, does hreeby assign and transfer, convey and set over unto ROBERT T. BIELEFELD, a single man, and STEVEN SCHUMACHER. a married man, hereinafter referred to as Assignees, all of his right. title and Interest / In and to the following described lease and real property situated In the Kenai Recording District, Third Judicial District, State of Alaskat That certain Lease of real property dated (not shown) wherein CITY OF KENAI appears as Lessor and GERALD L. WASSON appears as Lessee, recorded May 10, 1976 In Book 95 at Page 262 and which real property is more fully described as followsi Lot Two (2), Block Two (2), GENERAL AVIATION APRON NO. 1, ACCORDING TO Plat No. 73-68. filed In the Kenai Recording District, Third Judicial District, State of Alaska. LESSEE'S INTEREST In subject Lease was ASSIGNED as collateral to the State of Alaska by Assignment recorded February 9. 1977 In Book 104 at Page 681. AMENDMENT TO subject lease was recorded October 27, 1980 in Book 163 at Page 257. SUBJECT TO existing easements, conditions, covenants. reservations, terms. agreements and restrictions of record. TO HAVE AND TO HOLD the same unto the said Assignees. their assigns, and the heirs and assigns of the survivor, from the date hereof and furing all of the remainder yet to come of the term of said lease. Assignor hereby warrants �1 and covenants to and with Assignees that the assigned premises are free and 4 clear of and from all former and other gifts. bargains, sales, leases, judgments,' executions, back -rents, taxes, assessments, penalties. claims and encumbrances, except as set out hereing and that Assignor has the right and power to make this Assignment. Assignees receiving the rights of Assignor under said Lease hereby assumes the duties and obligations of Assignor thereunder and agrees to the terms of said Lease for and during all the rest and remainder yet to come of the term of said Lease. DATED this 19 day of October, 1986. L ASSIGNORS ASSIGNEESs 7 GERALD L. WASSON T. IE ZEIC-CUUMACHER LEE ELD� STATE OF ALASKA THIRD JUDICIAL DISTRICT ON THIS DAY personally appeared before me GERALD L. WASSON. known to me to be the Individual described in and who executed the within and foregoing Instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 9'8L� day of October. 1986. dgIC1AL aW _ STATE OF ALASKA NO ARY U LIC, STATE OF ALASK � :lOTAAY PUBLIC My Comm Sion Expirest % EVEM L NIcDANIEL My Comm doksa 1an1Ori 11. 1997 Continued on Page Two L *I Il I �r -S � S �f ASSIGNMET OF WASSON/BNELEFELDLEASE SCHUMACHER ! PAGE TWO 7 STATE OF ALASKA THIRD JUDICIAL DISTRICT 11SON THIS DAY personally appeared before me ROBERT T. BIELEFELD and STEVEN SCHUMACHER, known to be the Individuals described In and who executed the within and foregoing Instrument, and acknowledged that they signed the f same as their free and voluntary act and deed, for the uses and purposes therein mentioned. G1 (1<IVEN under my hand and official seal this % day of October, 1986. t' ^or ,a ��;`,A OTAR LIC, STATE OF ALAS A -G ---- N L10 My CoWGslon Expires+ `� iIRL Mr C- , ,eL ;anYary 11, IM k :.. •.:•� 0MCIA1 6M1 S BTAYE OF ALASKA p10TARY PUBLIC c: EJELYN L M71EL �! My Comm. Qaplre � JaI1, $go t , d: .:uvTiw:aa After recording return tot Pioneer Title PK-1334-EM L IF TIM ROOM ON AMWAY CITY Of KENAI .olaxM .aW. AIASKA 99611 m+sW L & 4 CITY OF KENAI CONSENT TO ASSIGNMENT ,TEVENhSCHUMACHERI,tfrom GERALD dated OctoberN9, 1966, covering�ELEFELD AND the 'allowing-described property; Lot 2, Block 4, General Aviation Apron No. 1, according to Plot No. 73-689 filed in the Kenai Recording District, Third Judicial District, State of Alaska subject to termsland c nditi0no asOGED AND containedpinOthe,origie some original Lease above-described, with the additional condition that the Assignee agree to and execute a lease amendment requiring the lessee to comply with nll current and future insurance provisions of the Kenai Municipal Code pertaining to the lease. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requiring the City approval for any subsequent sublease or assignment. m. J. Brighton City Manager STATE OF ALASKA )es THIRD JUDICIAL DISTRICT ) THIS I5 TO CERTIFY that on this day of + 1986, MM. J. BRIGHTON, City Manager o?-The City o ens , asks, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said city. o ery u c or oe a My Commission Expiress L 1 t_ P R .j .y. 1 ASSIGNMENT OF LEASE The undersigned, GERALD L. WASSON, hereinafter referred to as Assignor. for TEN DOLLARS ($10.00) lawful money of the United States of America, and for other good and valuable consideration, the receipt of which Is hereby acknowledged. does hereby assign and transfer, convey and set over unto ROBERT T. BIELEFELD, a single man, and STEVEN SCHUMACHER, a married men, hereinafter referred to as Assignee, all of his right, title and Interest in and to the following described lease and real property situated In the Kenai Recording District, Third Judicial District, State of Alaska: That certain Lease of real property dated May 6. 1976 wherein CITY OF KENAI appears as Lessor and GERALD L. WASSON appears as Lessee, recorded May 10. 1976 In Book 95 at Page 252 and which real property Is more fully described as follows: Lot Two (2). Block Four (4). GENERAL AVIATION APRON NO. 1. according to Plat 013-68, filed In the Kenai Recording District, Third Judicial District, State of Alaska. SUBJECT TO existing easements, conditions, covenants, reservations. terms, agreements and restrictions of record. TO HAVE AND TO HOLD the same unto the said Assignees, their assigns, and their heirs and assigns of the survivors, from the date hereof and during all of the remainder yet to come of the term of sold lease. Assignor hereby warrants and covenants to and with Assignees that the assigned premises are free and clear of and from all former and other gifts, bargains, sales. leases. Judgments, executions, back -rents, taxes, assessmsents, penalties, claims and encumbrances, except as set out hereinl and that Assignor has the right and power to make this Assignment. C` Assignees receiving the rights of Assignor under sold Lease hereby assumes the duties and obligations of Assignor thereunder and agrees to the terms of said Lease for and during all the rest and remainder yet to come of the term Of said lease. 74 DATED this ILI'L day of October, 1986. ASSIGNOR: ASSIGNEES: r GERALD L. SON R R T. SIELEFEL ' S.D sab86e7 911TE—Velf-ISCHUMACHER STATE OF ALASKA THIRD JUDICIAL DISTRICT ON THIS DAY personally appeared before me GERALD L. WASSON. to me known to be the individual described in and who executed the within and foregoing Instrument. and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of October, 1986. O►►ICI►t $� NOTARY L' LIC, STATE OF ALASK STATE OF ALASKA YO"AR1f PUBLIC My C i sion Explrea: /�� 'g� { EVELYN L MCDANIE( i ttytemm.E+pbw, 1un„ary 11, IM ;t i Continued on Page 2 L IN w_,S+f ASSIGNMENT OF LEASE WASSON/BIELEFELD 8 SCHUMACHER PAGE TWO STATE OF ALASKA THIRD JUDICIAL DISTRICT ON THIS DAY personally appeared before me ROBERT T. BIELEFELD AND STEVEN SCHUMACHER to me known to be the Individuals described In and who executed the within and foregoing Instrument, and acknowledged thi-t they signed the some as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of October•A -1986...[A J Lo TEOF5CDANBNIEIL KANOTARY BLIC• STATE OF ALASKA 7� LIOMy C sion ExpirestYN L. sPlnw Jawart 11, 19a7 After recording return toi Pioneer Title PK-1334-EM r • J � d G- 7 0 CITY OF KENAI 210 RIDALGO KEW, ALASKA Ndtt TELEPHONE 283•7535 MEMORANDUM TOt William 3. Brighton, City Manager 02 FROMt Keith Kornelia, Director, Public Works SUBJECTt Capital Improvement Projects (CIP) Road Improvements DATEt October 10, 1966 As you know, the City of Kenai has received, a State legislature Grant (#6/87-409) for amountavailable$00,000 for1986-87oisroad limitedrto 35Sts. or $365,0001.etely, the Charles Brown has estimated that we have the following availablet $ 175,000 1983 Road Grant 32,000 1984 Road Grant 108,000 1985 Road Grant 385.000 1986 Road Grant $ 700t000 Total Ordinance 1157-86 (has been tabled) attempted to appropriate these funds at the $1,100,000 level before we knew of the shortfall. Attachment A give a very rough cost estimate of our next road project on our 1986-87 priority list. As you know, there have been some stronq proponents and opponents to improvements on Barabara Drive and very strong proponents for the improvements on Ames Road. I suggest we recommend a work session to discuss this and the ADEC priorities. Arrfcworemor O i CITY OF KENAI , vd a 4", � { 210 PIDALOO KENAI, ALASKA 00611 TELEPHONE 283. M5 MEMORANDUM TO: Wm. J. Brighton, City Manager 1. _ FROM: Keith Kornelis, Public Works Director DATE: August 69 1986 SUBJECT: JULIUSSEN, BASINVIEW, AMES, BARABARA, ANGLER DRIVE 0p FOR: COUNCIL MEETING OF AUGUST 6, 1986 L60 I�b�'� A�o��drr A The design engineer's, OceanTech, construction cost estimate is: Juliussen: $ 38,000 .Dolchok 3,000 Ames 203,000 Basin View 26,000 Angler 262,000 Barabara 98,000 TOTAL $6309000 ESTIMATE COST SUMMARY Administrative Inspent!Test/Survey ConEst -. tict inn 1C% Cc.n:lrogency TOTAL KK/sw Is $ 1,000 100,000 630,000 63.030 $794,000 C C 7 1 "4 7 MEMORANDUM TO: Wm. J. Brighton, City Manager City of Kenai FROM: Keith Kornelis, Director, Public Works Department City of Kenai DATE: October 15, 1986 RE: Replacement of Old Street Lights FOR: Council Meeting of October 15, 1986 (Item G-8) I received a telephone call from Larry Slate of Homer Electric Association, Inc. who stated that if the City of Kenai was to purchase the street lights and give them to HEA, they would install them as needed. HEA would also continue to maintain and operate these fixtures and will bill the City for time and material as in the past. As you know, Frank Arbelovsky stated he would have the cost figure for furnishing and installing the street lights and making them completely operable (as was specified) to the City by this date. So far, I have not heard from Mr. Arbelovsky. KK/clf G 0 3 CITY OF KENtis „vd cap" 4 4"00, MoPIDALOO KEMAL,SKA M:, TELEPNONE283-M5 MEMORANDUM TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: October 10, 1986 SUBJECTS REPLACEMENT OF OLD STREET LIGHTS FOR: COUNCIL MEETING OF 10/15/86 I The City Administration met with HEA and City Electric, as directed by the City Council, to discuss the replacement of the old obsolete street lights in Woodland, Redoubt, and Inlet View. Those in 07 attendance included: City of Kenai: Bill Brighton, City Manager Keith Kornelis, Public Works Director Ron Sutcliffe, Legal Assistant City Electric: Frank Arbelovsky Tom Hall HEA: Sam Kaiser Larry Slate Attachment AA is my letter dated September 229 1986, to City Electric outlining what was to be discussed at the meeting, which I will recap below: 1. "HEA and City Electric agreement to allow City Electric to work on the lights." HEA was prepared and submitted attachment BB which allows City Electric to replace the street lights. 2. "What City Electric wants to be paid for the following: a. " Furnish the light fixtures, ballests, and light bulbs only. This would be to just give the City of Kenai the material that is on hand now." L 1 -j r Frank Arbelovsky, City Electric, said that in answer to the above Item 2a.C4tz Electric would chargethe City of Kenai the unit bid price for furn ah only or $5U1.3Z per ear . It needs to be pointed out that the original bid was for furnishing multi -tap ballasts wired for 120 volt that would allow the lights to be used everywhere. The lights he is proposing to now furnish would require the replacement of the 240 volt ballast with a multi -tap ballast estimated to cost an additional $8,850.00. b. "Replace the old lights and furnish and install and make completely operable the new lights in Woodland, Redoubt, and Inlet View. (In other words, do what the bid specifications require.) This would require the new multi -tap ballast that General Electric said they can furnish." Frank Arbelovsky did not know what he would charge the City to do this. He did say he would charge the City for the multi -tap ballasts, shipping, ground rod, and any HEA charges for turning the power on and off. It needs to be pointed out that City Electric's bid was to furnish and install and make completely operable (again with multi -tap ballast). Therefore all the extra charges should have been in his original bid. Frank Arbelovsky said he would have the cost for the City Council meeting of October 15, 1986. My recommendation remains the same: 1. Make City Electric _complete the _project as was bid and make a the lights fully operable. 2. If City Electric fails to comply, cancel the complete project and pay nothing and receive nothing. If the Council decides they want to intervene and do something different, then I would suggest just purchasing the fixtures, ballasts, and light bulbs only. (Item a above.) If the Council decides to go with Item b. we will have a very unique situation - a change order to increase the price of the contract to have the contractor follow the specifications. Attachment CC is the packet from the Council meeting on August 6, 1986, and August 20, 1986. It contains some backup information including the bid specifications. KK/aw L d F 4 ArrAeN.wow r *AA CITY OF KENAI " Od Goa W of 4"" NO RIDAL00 KENO, UMU MI TELEPHONE A! - MS i I City Electric Rt. 1, Box 115 Kenai, AK 99611 ATTN: Mr. Frank Arbelovsky SUBJECT: STREET LIGHT REPLACEMENT Dear Mr. Arbelovsky: The Council of the City of Kenai has directed the city administration to meet with you and Homer Electric Association to work out a proposal to replace the existing street lights in Woodland, Redoubt, and Inlet View. My position on this matter is very clear. I feel that City Electric should provide and do exactly what the specifications require and make the street lights fully operable. City Electric should also be paid exactly what they bid. I base this position on many things including the following: 1. The City of Kenai specified a light that will work and has never changed the specifications. The specifications called for a multi -tap ballast that is prewired for 120 volt. 2. Not one of the five (5) bidders listed an exception to the specifications on their bid proposal. If there was a problem they should have mentioned it or not bid. 3. General Electric can provide what was specified. They have also stated the light fixture is perfect for this application. 4. HEA will allow City Electric to work on the lights, have accepted the fixtures with multi -tap bEl;.i':s, and will continue to maintain the lights. The above has been my recommendation to our City Council. (See attachment dated 8/1/86.) For some reason the City Council has j directed the city administration to meet with you and HEA to work this out. I suggest we meet at City Hall on October 7 1986 at 2:00 .m. Let me know if this is a 1 right with you. L. L L ff r� I � i City Electric September 23, 1986 Page 2 At the meeting we hope to discuss: 1. HEA and City Electric agreement to allow City Electric to work on the lights. 2. What City Electric wants to be paid for the following: a. Furnish the light fixtures, ballasts, and light bulbs only. This would be to just give the City of Kenai the material that is on hand now. b. Replace the old lights and furnish and install and make completely operable the new lights in Woodland, Redoubt, and Inlet View. (In other words, do what the bid specifications require.) This would require the new multi -tap ballast that General Electric said they can furnish. The City Manager, William Brighton, has reviewed this letter and will be in attendance at the meeting. Sincerely, 9 f,�z9 /0111 Keith Kornelis, Director Public Works Department KK/sw, Enclosure cc: HEA City Electric, Seattle IN 0 (-D F i1Komor Meetric A00001st1403i9 Iszo- RIDGEWAY DISTRICT: 30130 KENAI BPYR HIGHWAY • SOLOOTNA. ALASKA 99669 • 49071262.5831 October 9, 1986 �rrdcH,w,�',vr B� h Keith Kornelis City of Kenai i 210 Fidalgo L Kenai, AK 99611 (' Subject: Authorization For City of Kenai To Hire Electrical Contractor To Subdivision Lighting Dear Mr. Kornelis: Homer Electric hereby authorizes the City of Kenai to hire City Electric. Inc., to replace the street lights in Woodland, Redoubt Terrace, and Inlet View Subdivisions, under the following conditions: 1) All facilities will be made fully operable prior to acceptance by HEA to take over and maintain the street lighting system. 2) All facilities will be constructed to applicable electric and safety codes. 3) The City of Kenai will present a Hold Harmless Agreement and/or Waiver of Lien Document to HEA. 4) The new fixtures must have multi -tap ballasts to conform with existing voltages. Ron Rainey 7 Date Ridgeway District 4re The City of Kenai hereby agrees to the above provisions. SUBDIVLGT.RR:ss Keith Kornelis, Director Public Works Department City of Kenai L L jt Is HOLD HARMLESS AGREEMENT FOR MEMBER PARTICIPATION IN LINE CONSTRUCTION PERTAINING TO HOMER ELECTRIC ASSOCIATION, INC. Member City of Kenai Address 210 Pidalgo Kenai, AK 99611 Member No. 6370 The contractor representing Member will be City Electric, Inc. Effective upon acceptance by Homer Electric Association, Inc., (HEA) of the project as described below, Member convenants and agrees to indemnify and hold harmless HEA from and against any costs, liabilitioa, debts, claims, lienR, or obligations incurred by or asserted against HEA and arising out of the construction by the Member or Member's agents or employees of the project described below or the acceptance thereof by HEA. By executing this Agreement, Member specifically acknowledges that as between Member and HEA, it is the parties' intention that Member assumes all risks of lose, whether known or unknown, whether arising out of law or contract, and whether or not anticipated or within the contemplation of the parties. Member also specifically assumes and agrees to pay all costs, expenses, or losses to HEA which but for Member's construction of the project would not have otherwise resulted. PROJECT DESCRIPTION: Replace street light fixtures in Woodland Park, Redoubt Terrace, and Inlet View Subdivisions. n ins r ng Department B Member Form #220 (Rev. 10/88) Ri� Dis ct ,a er i Member L C-1 i 7 0 Is HOLD HARMLESS AGREEMENT FOR MEMBER PARTICIPATION IN LINE CONSTRUCTION PERTAINING TO HOMER ELECTRIC ASSOCIATION, INC. Member City of Kenai Address 210 Pidalgo Kenai, AK 99611 Member No. 6370 The contractor representing Member will be City Electric, Inc. Effective upon acceptance by Homer Electric Association, Inc., (HEA) of the project as described below, Member convenants and agrees to indemnify and hold harmless HEA from and against any costs, liabilitioa, debts, claims, lienR, or obligations incurred by or asserted against HEA and arising out of the construction by the Member or Member's agents or employees of the project described below or the acceptance thereof by HEA. By executing this Agreement, Member specifically acknowledges that as between Member and HEA, it is the parties' intention that Member assumes all risks of lose, whether known or unknown, whether arising out of law or contract, and whether or not anticipated or within the contemplation of the parties. Member also specifically assumes and agrees to pay all costs, expenses, or losses to HEA which but for Member's construction of the project would not have otherwise resulted. PROJECT DESCRIPTION: Replace street light fixtures in Woodland Park, Redoubt Terrace, and Inlet View Subdivisions. n ins r ng Department B Member Form #220 (Rev. 10/88) Ri� Dis ct ,a er i Member L C-1 i 7 0 r -1! i /�-irtctfYlC°A7 CITY OF KENAI "Od Cap" o f 4" 210 RDALGO KENAI, &MIKA mi ' T@LEPNONE283-M6 elmap AICA T/Yis �i MEMORANDUM CfTIe S&ZOI4 'ro&o pa-- KK aCAA WA06 TO: William J. Brighton, City M-nager NO -r##Ey NAWO NOT; FROM: Keith Kornelis, Public Works Director CITY 09-edr C- /i0W DATE: August 1, 1986 Mdr- SUBJECT: REPLACEMENT OF OBSOLETE STREET LIGHTS IN WOODLAND, REDOUBT AND INLET VIEW FOR: COUNCIL MEETING OF AUGUST 6, 1986 A�,SO 9/I7 ®�i ► I have tons of paperwork concerning the problem of replacing these street lights. It all boils down to this: 1. The City of Kenai properly a ecified a light that will work and never did chap a the specification nor accept a su s ute. If Cit�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- cluding City Electric, listed an -exception to their bid. They all bid what was specified. It would not be fair to the other bidders to allow a substitute that will not work. City Electric 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 some. 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. 3. General Electric can provide --what the City of Kenai specified but they want to charge a rough estima a of approximately 09 x $150/ea) $8,850 more because City Electric ordered the wrong ballasts. 4. HEA will allow City Electric to work on the lights have accepted the f x ures with mu - a ba as s and wiii contin o maintain the liahEs as in the past. t5ee aLzach!ad letter o./ 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 L n L .1 J I �1 .e I ' t fixtures and ballast are very common and yet will not let City Electric return the ballasts and would charge a 50% restock fee plus all freight to return the fixtures. 6. The li ht fixture is -perfect for the,ePPlicetion. General ec r c hoe aesured me that the light was assigned for a 15-20 foot pole and would work perfectly for our existing lights. These lights are installed in Inlet Woods Subdivision on poles 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 View is the different ballast and power to run them. The physical appearance from the outside would look exactly the same. I would suogest Sou and the Council_take_a look at the lights —in Inlet oods. They look great! 7. After a presentation made by Frank Arbelovsky of City Electric, the Council passed the following motion: "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 administration is to then investigate the possibility of the fixtures being used or exchanged for fixtures and poles that can be used on other projects such as Airport Way." I have considered this purchase and I am strongly recommending against it for the following reasons: a. We have no use for these lights since the ballasts require the wrong voltage. In order to make them work and have them installed would cost the City of Kenai an additional $10,000 to $20,000 after paying for lights that do not meet the specifications. b. City Electric wants to charge the City of Kenai-$50,575:97 which is more than the bid amount. AND the bid amount was to not only furnish the lights but all the equipment, labor, and materials to make the lights fully operational. 8. ATTACHMENTS A. Memo to Brighton from Kornelis, May 20, 1986 (Status Report numbered 1 - 12.) B. Letter to Kornelis from HEA - June 24, 1986 (HEA approval) C. Letter to City of Kenai from City Electric - June 20, 1986. Includes Graybar letter, General Electric letter, end City Electric invoice - ALL one sided with many false state- ments. co L e 9. PUBLIC WORKS RECOMMENDATION a. The Council of the City of Kenai reinforce Kornelis' letter to City Electric dated February 149 1986 (A5) which states: 1) City Electric immediately remo_v-e the lights from the City of Kenai yard where they were Iiiegally dumped. 2) City Electric furnish and install the light fixtures that where specified in the bidding specifications. This not only includes furnishing but providing all equipment, labor, and material to make the_ lights_fullZ operational. .' KK/sw _.. _. . iit a y k ; is - - •.< - Sr >Y c " - Imo: L i n MEMORANDUM TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: May 209 1986 SUBJECT: STATUS REPORT ON REPLACEMENT OF OBSOLETE STREET LI WOODLAND, REDOUBT, AND INLET VIEW I think maybe the best way to run through this is by looking attached correspondence and notes concerning the subject. 1. Bid Specifications 2. City Electric Bid Proposal 3. City Electric letter to City of Kenai 12/13/86 (Fixture arrive) 4.. City Electric letter to City of Kenai 1/28/86 (invoice) 5. City of Kenai letter to City Electric 2/14/86 (provide in Spec) 6. Kornelis memo to Brighton 2/18/86 (status report) 7. Kornelis memo to Brighton 3/5/86 (G.E. can provide what specified) B. Kornelis memo to G.E. 3/18/86 (reconfirm in writing) 9. Kornelis letter to HEA 3/18/86 (asking HEA to answer ii writing) 10. HEA letter to City of Kenai 4/23/66 (answer) 11. Kornelia memo to Brighton 5/13/86 (Meeting with HEA) 12. Kornelis memo to Brighton 5/1/86 5/12/86 (New G.E. R-r, KK/sw X F i CITY OF KENAI 210 FIDALGO STREET ; KENAI, ALASKA 99611 (907) 283-7535 { ADVERTISEMENT FOR BID STREET LIGHT REPLACEMENTS j Sealed bids for a contract to furnish materials and labor to + replace electric street lights will be received at the Public 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 maybe picked up at Kenai City Hall, 210 Fidalgo Street. TO BE PUBLISHED: Peninsula Clarion - August 2, 79 A 14, 1985 7 E i 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 material is such that it will be interchangeable with the lights in Inlet 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. 5. 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 i I 1 ti 5. The Contractor shall hold and save the City, its officers, agents, and employees, harmless from liability of any nature i or kind, including costs and expenses, for or on account of 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 costs incurred by the bidder in bid preparation. 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 may arise therefrom unless it may be made with a corporation ! . for its general benefit. r L, L L -I `. .. .. (1 r I 10" g 60-1.4 EQUAL OPPORTUNITY CLAUSE (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 applic"t'. 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 training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, 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;. 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. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 196S, and of the rules, regulations, and relevant orders of the Secretary of Labor. (S) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary o° Labor, or pursuant thereto, and will permit access to his books, records, and ac,7ounts 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, 196S, and such other sanctions may be imposed and remedies L j 11 Equal Opportunity Clause Page 2 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 l I by law. f` (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through i (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 f* opportunity clause with respect to its own employment practices when f 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 ante 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 i 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 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 sus end in whole or in part this grant (contract, loan, insurance, guarantee ; i 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. 1 CI I L 0 4 it 4„ } r t i '-4 TECHNICAL SPECIFICATIONS STREET LIGHT REPLACEMENTS LOCATION Street light fixtures, ballasts, 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-20 and A-3. ) QUANTITIES All bidders shall visit the site before submitting a bid to familiarize themselves with the project. The bidder shall submit a bid on a cos per eac unit -to turnian 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. LICCEEN_SES 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-40OR GUIDE FORM SPECIFICATIONS he luminaire shall be'of'traditional, colonial design, General E ec r c catalog num er (TC-400R - C691N758 butith a multi-ton- Mlast so it can be used with izu voir system) consisting of a die-cast aluminum ase s p er For tnree Inch OD pole top, ASS plastic housing and canopy and acrylic lens. The ASS plastic canopy shall be hinged to the lower housing, held closed with two captive screws. The TC-40OR shall contain an internal reflector to provide IES (III or IV) roadway type distributions. L r • Y r 1 � - '!' } The luminaire shall contain an integral ballast of the regulator j type capable of operating from a multiple (120, 2089 240, 277, �;.. 480) volt 60 Hz power source. The ballast shall be prowired to the lam socket and terminal boar or vo s s em ut w j npt on to change o vo system. a shall be 250 watt Lucalox (high pressure sodium). t a a ! 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. t, # The successful contractor will be required to furnish and install the fixture, multi -tap ballast, and light bulb on existing poles.''"' 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 o erable shall be considered incidental to the project and should - =r J� be inc u ed in the unit cost bid. i {.,. r MINIMUM GUARANTEE 9 Contractor shall warrant the complete project including materials and labor to be free of defects in design, materials, workmanship, and installation. G After all the lights are fully operable, they shall be checed by k the City and contractor to see that they are fully operable. Two ; weeks later, all the lights will again be chocked 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.M..„,«, The lights that had to be repaired or replaced will e continually checked and fixed until they have been operable for two weeks. j METHOD OF MEASUREMENT { This contract is to be paid on a per each basis for all items �t furnished and installed and furnished only as directed and j subject to approval and acceptance by the Owner. BASIS OF PAYMENT a ment will be made at the contract rice for the completed ! ro act and n e quantities authorizedy e Owner. This ' pr ce all be full compensation for furnishing all materials, - --'--------'-'-'--- - ' labor, equipment, tools, and incidentals, necessary to complete -- -- this project in the quantities authorized by Owner. JI CERTIFIED PAYROLLS The successful bidder will be required to complete and submit I certified payrolls for work done to the City of Kenai and the Le State of Alaska, Department of Labor, Wage and Hour Division. l; i I f 1 jj STATE MINIMUM 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. 4 r 0 1 0 �1 i� General Electric TC.400t-TC.400F0L I � i There's GZAa2e40 more to GE lighting ra.•oone..ceF j wMs , than meets ; the eye. j UMINAIRES •_ �:.uenerai cieciric i ta; wv ana i c-4uuH aecorative luminaires OfTer energy-erncient hlu iignting In _�_ : distinctive decorative shape. These colonRaal=slyled luminaires are ideal for shopping centers, malls, .?'• • +� ! 4.7..E r� `Z ,..;;::�, a� 1. Flexible light distribution —The „r• ,; +�•iyif't;: r wisi. a•ir ° aitW TC-400/TC-400R family offers t M." ,, �..• . , I.E.S. area and roadway type ; 5. lighting distributions. for a va- t` a t;► Nety Of lignting ePPlit:atione. �� ^' ,':� ° 'etW., ✓'r 2. long -ilia Durability — The r }y"Vair •; ear.. ..•.' L sliphtter for 3. 00 tennons is+s :3+'..°' r:1.�.1.- " ..." •n ?.".; �+.,,,�-.+r�.-w • fit: die oast aluminum for low- :+;?1'e;f';'t�iil4��" --^�-''��'r t� :,a'9•�; maintenance and is secured by �at! 7ft�J+•f.•LY.+:R:`rR r _yj!ti �.1�'4«�`t',� six stainless steel all en head ,+: •�/+- 1 Ipx.. 1: d` c may..• :. w + .. } .�Ts!Y 4r:p•�ly+. •'"•2l'Q screws. The housingand hinged•v a ' �' 4 _ j - canopy are heavy auge 83 " y`��;���,se..wra ,-rax•airtr•--•`'`;: plastic r0 maintain shape and 't'� Y=•�,r: at_;rw:ttial�+•- �• ..},�%'�'� color t R0U h man ears of f � * *�,�' "h +�<f'""7'c' ', n= `�•---- service. .::):it: �i .ou .6`x, a..f:.:.:y.''-�•' .t!.•�..•i.;iu'd.2�•r• ,�'wrri L Fast easy maintenance — Two captive screws allow quickcanopy to TC-400/40OR GUIDE FORM SPECIFICATIONS alas through rid opt canopy to The luminaire shall be of traditional, colonial design. General all electrical and optical components. Ballast is pro -wired to the terminal board and lamp socket assemblies. Electric catalog number (specify), consisting of a die -met alum- •. Fast, sure mounting and levelling — Six alien head set screws inum base/sliptitter for three inch 00 pole top. ASS plastic fasten and level the luminaire on a three-inch 00. pipe. housing and canopy and acrylic lens. The ASS plastic canopy !� Automatic Dusk-to•Dawn Control — An 0 Lionel photoelectric shall be hinged to the lower housing• held closed with two captive p P screws. The TC•400R• wbew'epee~. shall contain an internal Control operates the unit automatically from inside the top reflector to provide IES (111 or IV) roadway type distributions. Aousina. " ' The luminaire shall contain an integral ballast of the (regulator, auto regulator) type capable of operating from a multiple (120. 208, 240.277. 480) volt 80 Hs power source. The ballast shall be prewired to the lamp socket and terminal board. • Registered Trademark of General Electric Company L L GENINAL A ILECTRIC L 1; • ORO • Cat N re4e a C59I , C691N C52IN }; C691N i C691N C591N i C69IN C591N C691N C691N C691N C691h . 9aN C•40 C6911 C69t! E. Receptacle 52 i 38 b, 36 40 II 57 - t 25ueslos I - C69tN7S9 24N0 s Regulator 431 S •� QVT � P A_OJ C691N7S1 40 C691N793 240 C691N7SS I 480 130-wen Lucalos Regulator 41 R� NV P ( C691N251 I 120.240A I 400 watt I g C69IN253 240 Mercury Auto•Ae S•S•111 45 k Ce 1N2Ss 480 H4000X33.1 - n ._. A120 x 240 volt units are lactorv, wired for 120 volts. Units can be reconnected in the head to 240 volts. • MIN. OPTIONS: QTY. n1 — Standard Color IS bladx. Avail. 1. able in etgnt eecorahve colors. r, 1 Refer to 13EA•9352 5 — P. E. Receotacle: (Alas are avail- able wiln P. E. Receptacles up to 277 p volts.. any — Voltages 2C8.277 in ratings shown any — 400•walt Metal Halide — All voltages 5 — Lexane panels (TC-400 only) 1 5 F • Order P. E. Control separately j ACCESSORY: Finial kit (gold anodised aluminum, sot of 4) CAL No.35-961800-36 MOUNTING: Off. Prop. Area is 3.8 so. N. max. { Sliphtter accommodates a r OD pole top. j RECOMMENDED POLES: { Suggested mounting reign is 18 feet. For 10' round. tapered anchor base C*,ee. meludinnchor bons and bolt circle temotates. order cata- IOg numcers below Vasa dales will withstand ud to at least 90 mpnl. Pate Cat. No. Palo Material (IF Pale) G41901,106% • Aluminum o C760H07x Steel, A C'. Al-108x Steel. PHOTOMETRIC DATA ' !' TC• ii i TC `Malt$ t Lamp I Type � Number ' c`.: +•.J Lucaioa I M•N•ul 35.1-6-01 3S-176293 +11 ar0 P%osonor arCYN i S•S•111 I 35.176282 `ENE AL ELECTRIC COI.IPANY 1 g g Systems Cepartment. "ndersonville, N. C. 28739 :I . ! tl/fa rlYl JA A BID PROPOSAL STREET LIGHT REPLACEMENTS CITY OF KENAI 210 FIDALGO STREET KENAI, ALASKA 99611 (907) 283-7535 =I' 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 j as specified, plus furnish only street light fixtures, ballasts, and light bulbs. :j Est. Unit Cost in Total Cost in .i Quan. Description Figures & Words Figures ' 59 ea. Furnish & Install Street $ $ i� Light Fixtures, Ballasts(Figures and Light Bulbs tt . • f '. (Words) r, 11 ea. Furnish only Street $ $ Light Fixtures, Ballasts, gures and Light Bulbs or s GRAND TOTAL COST $ By the signing of this Proposal, the undersigned Bidder hereby expressly acknowledges his understanding of his agreement to q comply during the performance of any work under any Contract -r resulting from this bid with all equal opportunity obligations as set forth in the Contract Documents. BIDDER The name of the Bidder submitting this Proposal is doing business at ' Street City State P .. _� which is the address to which all communications concerned with M this Proposal and with the Contract shall be sent. ff (I a . ? 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: ++ 1 If Sole Proprietor or Partnership :'..._..._.._._W.. IN WITNESS hereto the undersigned has set his (its) hand this day of , 1985. ' Signature of Bidder �. Tte ' Business License No. ElecErical Contractor a License No. 1; lLs t. ! 1i t —T It . •. . . ' � . r * ¢rr�ou S7 nvr. _Zl • • , as; . rr � 14 •...� � 12 I jl LARCH. AVE. ' 'to c Ii to e• tj a i ` o to a ' > ' 1 w• f14- IVlip 21 21 s to ,2 ... ll :� t3 l9• ,.VG 3 s it WOODLAND 5U 8D. //10 7 At I'._.. • - Q••., f '4: a or 0 j ic ha IL � __7 ... .. - li z e � :. �t•;. / /d •� . • '' S R .moo' ANY6 • .. •t • i w b 3p ia • • met, JAVIr ? fie 41 Q, ;• < ,�, ..'. ',• H . iw 40(1 13 `! I twe aecu eue TV-ve _�� .. •���I ,tom ______st_ a C AVC. ,�' Lt 1'• It rz� >•,� r� i 9 • Tc., w a PPR a Gl � FENUST TERRACE A-2. i I 114 TCoN TAN l pG+'eT/O n/ INLET VIEW SUBDIVISION a A-3 i r) �O C i f , G . Sw 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 Quan. Description Figures & Words Figures each 67 . 59 ea. Furnish &Install Street $ 831$ 49,068.53 Light Fixturea, Ballasts igures) and Light Bulbs Eight Hundred Thirty gpe Dollars and Sixty Seven Cents each, l Vo�1 11 ea. Furnish only Street $ 801.812 each $ 8,820.02 Light Fixtures, Ballasts,(Figures) and Light Bulbs ., Eight Hundred One Dollars and Eighty '!trn Cents each, ords GRAND TOTAL COST $ 57,888.55 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 The name of the Bidder submitting this Proposal is TTY ELF7CI'RIC INC doing business 'at Rt. 1 Box 115 Kenai Alaska 99611 Street City State Zip which is the address to which all communications concerned with this Proposal and with the Contract shall be sent. Is , a • -r .• , ';art '3 �E 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: R.C. Sneezey, CUD H=iet Wiley, Exec. VP, ph{ a -thress'D"esideat — If Sole Proprietor or Partnership IN WITNESS hereto the undersigned has set his (its) hand this day o f S'E! _ia -('++a i :,, T , 1985. u Signat ro of Bidd Kenai Branch ;Manager Vitie M 002700 SIC1731 Business License No. f AA006 E ectrica Con ractor s License No. V L L r � d C CI Ty E L E C T R I C, INC. ELECTRICAL CONTRACTORS 2700 RAINISR AVLNUE 60. S2ATTLE. WASHINGTON 00144 4 2061 722.0700 POST OFFICE OOK 3000 ANCNO"AOE. ALASKA 00001 10071 272.4531 3540 MOLT ROAD FAIRBANKS. ALASKA 00700 40071 452.7150 ROUTC 1. DO11 115 KE HA1. ALASKA 00011 40071 203.7000 R2PLY T0, Kenai Office R2FERENC2, Job 236E, 12-13-85 City Of Kenai Director Of Public I4orks Ur Keith Kornelis RE: City Street Light Replacement.' Kenai Purchase Order #70694. Gentlemen: Per our discusions this date, we would like you to know that all fixtures, lamps and materials for this project have been in W warehouse for some time. The present discusions are presently involving Homer Electric, Ur Uwry Slade, and Ur Preston Williams, the local State Electrical Inspector. Ur Slade informed me that the installation of these replacement fixtures was Hamer Electrics jurisdiction, not City Electrics, since they owned the poles, present fixtures, and equipment. It was also discussed that, the present undergound cable Wray not be capable of converting to 240 volt single phase needed for these replacement fixtures. Ur Williams stated that differant codes apply if the City of Kenai owned these, poles or if Hamer Electric claimed then. I am presently "on hold" with the installation of these replacatents until all this is resolved. As soon as someone decide what is to be done, I will inform you and proceed. Y�.541mly , / Frank Arbelovsky Manager City Electric Inc IOUI DIVISION j CITY cc/job file ELECTRIC ON L PFi 11 62) C. T� j S.:.., c C T R i C. I N C. ELECTRICAL CONTRACTORS I ` - 3700 RAINIER AVENUE 60. SEATTLE. WASHINGTON 90144 (206) 722.0700 POST OPPICB SOX 3600 ANCHORAGE. ALASKA 99501 19071 272.4531 POST OFFICE I3OX 00303 PAIRBANKS. ALASKA 90708 1907, 482.7158 -i ~~ ROUTE 1. BOX IIS KENA1. ALASKA 99611 19071283.7969 �p . REPLY TO: Kenai Office (.1 �cv. .RCFCRBNCE 1 City of 210 Fidalgo lceet = Kenai Alasltdt W611 .. ^ • ilG: P.O. r {; Attn: Kith Kornelis Gentlemen; ! On 12-13-85, we sent you a letter indictiting the problem we were having ` with HEA, with the installation of the new replacement fixtures for the . i three subdivisions in Kenaii t : .. Note 1 1/2 months later, we are no further ahead with this installation j than we were on 12-13-85. 'Wherefore, we have delivpred V fixtures, lamms and PF cells to the main- tneance yard this morning. Enclosed is and invoice for this project. i + Yours ly; /�. -� Arbelovsky Manager ' ...._ . City Electric Inc. Kenai Division FA/aa V F f NCHORAGE OFFICE * KINAI OFFICE - Tv ORCA • STAR ROUTE�1. BOX I IS • ANCHORAGE• AIASKA 99501 KENAI. AIASKA 99611 INVOICE 04 f /AIRBANKS OFFICE MAKE All EIMITTANCIS TOF FAIR HOIT ROAD 3708EAINIE11 AVINUI FAIRBANKS, AIASKA 99106 CITY ELECTRIC INC* fEATTIE, WAfNINGioN 98 3700 RAINIER AVE. SO. SEATTLE, WASHINGTON 98144 ; AREA CODE 206 722.0700 1986 71700 DATE January 21, ` TO CITY OF KENAI ORDER"'i o. �- 210 FIDALGO STREET - KENAI, AK 99611 No. 29460 �:. DESCRIPTION Furnish & Install 59 Street Lights Original Contract Amount $49,068.53 jj Less previous payments: ,t TOTAL DUE THIS INVOICE: 3 t ,la _ is n Complete Value 100% 49,068.53 (0.00) I $49,068.53 I co J L - •- Y U F 0 CITY OF KENAI Vd eariW oj 44;"ajP# 210 FIDALQO KENAI, ALASKA 66611 TELEPHONE 263.7636 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 invoice for furnishing and installing 59 street li hts. Enclosed herewith I am returning your a ter and invoice since Ene project is no where near being compietea. he last week of Januaryt You aeaiverea of Kenai shop area. I thought had a-X-1. ...... a ., rn„ -AnvM1110 in Ene City shop area. Even if these were the rignt rixLuree, n„w U.,ay a.o not, we wou13—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 Cit4 maintenance and immediately. The Cry of Kenaipis no n e 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 I d 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-4O0R Catalog 1iC691N781. These fixtures do not meet the bidding specifications. Please refer to the technical specifications that you used in olaing the project. If you will read the specifications carefully, you will note that we are requiring a General Electric Lumineire TC-40OR-C691N758 but with a multi -top ballast. This ballast is to be erewired to the lamp Socket and terminaioar or a lZu volt system, but with the option to change Ed 7TU Mr. Tha alo s ec sheet tGE hat your firm provided which was included in the bid specification does not even list the fixture 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. 7 In further examining the contract specifications, you will note that the aroject consist of not only furnishing the fixtures ballasts e d -light-bulbs but all equigment, laborp and Materials to make the Iigh s fully operational. Please no e,•a so, that the bests Of payment Will e ma e at Ene contract place for the completed project. } If you would like to make a substitution from that which is i specified n the contract specrLcationst or It you cannot get why - wa�cif a ou nee to do it in E e roger method o requesting. n wr no w attached submittals n a s othe fixtures. Unfortunately, the Luminalre at you now nave in sock is not i 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 specifications, tell us why not. If you do plan to continue with our contract, please give us a written assurance that you will IOU L y conform to the contract specifications. I also remind you that the contract completion date was for 90 days starting August 30, 1985 and therefore, you should have had the project completed prior to November 309 1965. Sincerely, CITY/OF KENAI -VA C Keith Kornelis, Director Department of Public Works KK/sw 7 41 NI-1 [IN -I 4 •_ f' t� _. t . u Co: MEMORANDUM TOt Wm. J. Brighton, City Manager FROMt Keith Kornelis, Public Works Director DATEt February 18, 1986 SUBJECTt STATUS REPORT ON REPLACEMENT OF OBSOLETE STREET LIGHTS IN 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. 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 Wagoner, Tom Ackerly, John Wise, Keith Kornelis, and Ed Oberts. At the meeting we talked about HEA not replacing the -fixtures or 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 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 their reply they also submitted a proposal for replacing the existing lights in Woodland and Redoubt with a GE Fixture. Ed Oberts, City Engineer Technician, worked with Frank Arbelovsky of City Electric to develop the set of specifications that were used. 1 li ht Frank stated that he was the one to install the origins g s in Woodland. When the City asked if it was possible to be able to - = interchange all the lights in the City, Frank suggested using a fixture with a multi -tap ballast. Ed (City) and Frank (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 multi -tap ballast and the fights would easily be interchangeable. j \ The City advertised 2 1/2 weeks before the bid opening and to my 1 knowledge the City received no complaints or problems with the { 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. L L f t� The bid was 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 catalog 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-C691N761. 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 _ f Thi d is to request the change in writing f j specs ications. s proce ure 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 costs, or items that will not work or be suitable for the intended r 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 j 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 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. i4 4. He called me before the bid opening about problems with the specifications. ( J t 4 If .. f .. y F 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 s3 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. coll). 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 makes hts fully ooerab a shall be considered incidental to the project and 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 3214 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 whatever?). 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 L J 0 -1! �61 MEMORANDUM TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: March 59 1986 SUBJECT: REPLACEMENT OF EXISTING STREET LIGHTS - WOODLAND, REDOUBT, 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 tellin2 me is G.E. can furnish the specified fixture that s mu - ap an have the e ec r c e e. a sa at 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 IN A L C CITY OF KENAI „ Del eat °j 4"„ 210 FIDALQO KENAI. ALASKA 88811 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 139 1986, and February 249 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 possibly special order the fixture with both a multi -tap 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 mes +► 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 24nto volt; that there would be one lead that could be plugged any of the above voltages. * Each fixture will still have the PE cell in it. • If we wanted we could switch from 250 watt to 200 watt but may have distributor stocking problems. 0 i Mr. Lico March 189 1986 Page 2 • * It would cost extra to replace the ballasts that were shipped to City Electric (very rough estimate $25-50/each). " You answered "that is correct" to my question, "What you are telling me is GE can furnish the specified fixture that is multi -tap and have the electric eye." Could you please verify the above two telephone conversations? It would be helpful in trying to get this resolved and the project 1 going again. Thank you. + Sincerely, KRith Kor elis, Director Public Works Department I KK/sw i F1 S� L L Y 1 i M 4 t" F CITY OF KENAI "Od Gap" 4 416"d,. 210 FIDALQO KENAI• ALASKA 09811 TELBPHONE283.7535 March 18, 1986 Mr. Ron Rainey Homer Electric Association 36130 Kenai Spur Highway Soldotna, AK 99669 SUBJECTS 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 Bill 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. A L 001 t li s k n.i t K 9 „ N i M Mr. - Ron Rainey March 18, 1986 Page 2 a 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 'to any one of the above voltages. In other words, this fixture is 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 subdivisio—ns,ailow City tiectric to make the re acemen a that are neceen res oreower o the SUbOlvisions after the orolert Is comp e e 2. Will HEA-accept these fixtures and take over the maintenance and operations once the new fixtures are in place7 It is my understanding in talking.wlEh Ceneriiec r c 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 forward to your reply. Sincerely, Keith Kornelis, Director ' Public Works A n1 t1 - t I �t .1 . 8omer ]Mlectrla Assoviartioa, ZzLo. RIOGEWAV DISTRICT: 36130 KENAI SPUR HIGHWAV • SOLOGTNA, ALASKA 99809 • 19071262.5631 April 23, 1986 Mr. Keith Kornelis Director of Public Works City of Kenai 210 Fidalgo Kenai, Ak 99611 Dear Mr. Kornelis: 'As you stated in your letter of March 18th to me concerning 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 replacement of lights in Woodland Subdivision. 1. HEA will not allow City Electric to work on the existing street light system without an agreement between HEA and City Electric. 2. HEA will not accept these new fixtures and take over maintenance and operation as you have requested. 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'a 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 result in ownership and maintenance by the City of Kenai. Ml . 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. i [ ••a�b� �d • . A..• •...Jr.♦ .ri .wit. •.•/ L L— L e � d 1 I i J F Irv, N 4 , i; F Mr. Keith Kornelis March 23, 1986 Page 2 A;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 HEA and the i City. F: Sincerely, Ron Rainey i Manager, Ridgeway District 7 } MEMORANDUM a TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director ..`:: +)_ _ DATE: May 13, 1986 at 1:30 p.m. SUBJECT: STATUS REPORT ON REPLACEMENT OF OBSOLETE STREET LIGHTS IN 1 j WOODLAND, REDOUBT, AND INLET VIEW ! Meeting with Homer Electric, Ron Rainey and Keith Kornelis; discussed HEA letter of April 23, 1986: ------- ------, 1. HEA can work out an agreement with City Electric which would 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 do M of !!.. the lights and HEA would bill City $x for power consumption. j 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 flat rate <1. would be charged; maybe base it on the most expensive metered ..v.- lights? - 'AH —u d t: 7 . 9 C.) MEMORANDUM TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, 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 the 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 space. I therefore sent him a copy. On Me�e ��12, 1986, I again talked to Greg Frisbee. Mr. Frisbee had received 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 L I- L �x q lEIomer 201ectrio JLwWOOia,tian, Zno. N RIDGEWAY DISTRICT: 36130 KENAI SPUR HIGHWAY • SOLOOTNA. ALASKA 09669 • 10071282.5831 June 24, 1986 Mr, Keith Kornelis Director of Public City of Kenai 210 Fidalgo St. Kenai, Ak 99611 Dear Keith: This is in response to you letter of May 25, 1986 concerning street lights for the City of Kenai. You letter covered two areas and new street lights. I. Existing -Street Lights of concern, existing street fights i A. We will work through you to reach an agreement by which City Electric can change out the street lights in Woodland Subdivision for HEA. � � N 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 "All above. C. HEA will install our standard yard light fixtures which are an open face disfuser 175 watt mercury vapor lamp, the 250 watt high pressure sodium enclosed refractor cobra head fixture and the 400 watt mercury vapor enclosed cobra head fixture. The city may request a specific head based upon j j `•.�` location and purpose of light. 1, ark Page 2 Street Light/City of Kenai We have a list of proposed street lights from your letter of June 25, 1985 and we feel this list should be updated and possibly council action before we proceed. if you have any further questions or we may be of further assistance, please do not hesitate to contact use Sincerely, Ron Rains District Man:er A 7 4 i CI Ty EL E C T R I C. INC. ELECTRICAL CONTRACTORS 3700 RAINIER AVHNU11 80. 82ATTLE. WAHNINGTON 98144 12061 722.0700 POST OFFICE BOX 3698 ANCHORAO2. ALA8KA 99501 1907) 272.4531 a ` 1 POST OFFICE 80% 80909 FAIR8ANK8. ALA8KA 99708 19071 492.7158 t (( ROUTE 1. BOX 118 KBNA1. ALA8KA 99611 19071II89-7969 �S .. :! +' s s RHPLII To: Kenai Office i' • � `- `j 6-20-86 � RHPBRlNGH" -. -' City Of Kenai t 210 Fidalgo Street Kenai Alaska 99611 K• ! JUM 19S6 1 ' RE: PO 70694 _ Street Light Replacement, 198S, 1:' C'I' _¢ Woodland, Redoubt, & Inlet View Subd. ��'•'� ' Gentlemen: ' I have attacehed two letters, from Graybar Electric Supply Co, and Mr Greg Frisbee, ,._ the GE rep, that are both self explanatory. i 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 `= '1 Kenai Division cc/Mayor Tom Wagoner Manager Wm.J Brighton Inv. 29714, Graybar letter/GE letter �f cc/SEA/ANC job file CITY ELECTRIC ' t j. . �t•__.,.____ -... «....- _____ :•J__�..__:.r.... .. .. i---�'__ _-___— _-----`--- .._-_ -.. ._,.mom,-,..-=s=�_.'_ ""._'.i,..t_ t rt } 'F 7 i I 0 H. F. wurrrLvw 11ANAGRR L O. JENSON OPERATING MANAOBR TURPHONE(AREA CODE on) N1.1214 City Electric PO Box 115 Kenai, AK 99611 Ref: GE Lighting Fixtures CLECT1310 COMPANY, INC. t101 "A"BTNF.F.T 1:0. Box 4.1600 ANCHORAGE, ALASKA 99509 THLHx 090.11•110 RECEIVED JUN 161986 OW Elc 1 'o, Ina e Nss Dear Frank, A�p5I 6 Please review enclosed photocopy of letter from Greg Frisbee of GE C1�''oo'�Jlyf, i Lighting. To summarize, GE's position is that they will supply new ;f;r a/r° j ballast trays of the correct wattage and voltage for the TC40OR luminaires already in Kenai. GE will not accept return on the existing 10 ballast trays. As indicated in the letter the ballast, starting aid,' and capacitor are compatible with many of their street lights which Er�G6 are probably being used in Kenai at this time. In reference to the return of the complete TC40OR luminaires, GE will still accept a return on the fixtures with a 502 restock charge 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 ,( 9 the factory establishes return priviledges and new business can have ��! q% no bearing on what the factory's return priviledge on old business will b% be. Q6 Frank, at this time the logical choice seems to be to replace the ballast Q4Y h trays in the TC40OR luminaires to make them useable in your projects. 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 situatiun. T will await your response. Sincerely, —Don Don Schield Sales Representative L n r Mr. Don Schield Graybar Electric Co. P.O. Box 4-2600 Anchorage, AK 99509 0 cc. Dave Lido CESD • RE: City of Kenai/TC-400R Luminaires mjw 2 I Dear Don, 4 I have reviewed all the notes and correspondence available on the above street lighting project and feel that a few items need clarification. a0�(N►� At bid time the specifications called for a multi -tap ballast for these fixtures. Our factory informed us that only Woof. single voltages were available and that we have never built a i �160 60 multi -volt 250 watt HPS in this fixture. This was oT 'r G�• communicated to all parties prior to the bid. e project was awarded to City Electric. They submitted the TC-40OR �luminaire with PE recptacle for 250 watt HPS 240 volt Eoperation and were approved.kAn order was placed and the No We F'dO1 `fie} fixtures built and shipped. U Ap A veo ,t►� 6 Apparently a quantity of 59 of these fixtures must be op voltage other than 240. Earlier this year Mr. Dave Liao 001%0pwas asked if a multi -volt 250 watt HPS could be built to help to J`0 resolve the problem. After mud a1scussion our factorF agree $5� 0is o manufacturer 59 of these kits. -We never received an or er �.� 60 for them . tp �6 In early April this year I received a copy of a letter a b'( a to Dave Lido from Mr. Keith Kornelis of the City of Kenai. �pe�a��� Dave asked me to discuss this problem with Mr. Kornelis. At IV �r that time all I had in my rwassession 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 of the `(-�.4r case since the 240 volt fixture was approved had several ,p N�� conversations with Mr. Kornelis and the subject of multi volt ANO -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- interpretation of a paragraph in our guide form spec GEA- �( do, � �, 7284G which reads: 1 � The luminaire shall contain an integral ballast of the �� regulator,auto-regulator) type capable of operating from a ��6 oe�Q multiple(120, 208, 240, 277, 480) volt 60 Hz power source. yQ� This is intended to have the specifier select one of the listed voltages. Also the word multiple refers to the \ V� distribution system type i.e. multiple vs series wiring. h h Daring later conversations with Mr. Kornelis he informed ' me that the utility was questioning the use of 250 watt HPS in these fixtures and that the rate structure to the city may a•! have to be adJusted or even the fixtures returned. On May t 22nd I asked Mr. Kornelis if a 160 watt HPS lamp and multi- volt ballast would fill his needs and satisfy the h h requirements of the utility. He replied that he would take ; a this information to the City Council and the utility. Our , 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 the 150 watt system and the City of Kenai will have 59-240 ��• volt 250 watt HPS ballasts that the factory does not want �� My suggestion is that the city or the utility keep ep.416060returned. q them and use the parts to repair other 250 watt G.E. fixtureA.0",46f • in their system. The ballast, starting aid, and capacitoz arT common to several of our street lights and floodlights. Please forward this letter along with your comments to City Electric and Mr. Kornelis and inform me of their decision. I hope these suggestions will lead to a timely solution and one that satisfies all parties. i SSgFi+erl��y, Greg' i eel�� ' Lighting Systems Engineer L • ANCHORAGE OFFICE KENAI OFFICE '619 ORCA STAR ROUTE 1, BOX 11b { ANCHORAGE, ALASKA "S01 KENAI, ALASKA 99e11 INVOICE •FAIREAOFFICE CITY ELECTRIC INC. IT 0lSO NOLT ROADAO i fA1REANKI. ALASKA 90106 3700 RAINIER AVE. SO. SEATTLE. WASHINGTON 981" 1700 AREA CODE 206 722.0700OATE s CUSTOMER TO CITY OF MAI ORDER NO. :i 210 FIDALGO STREET n KENAI, AR 99611 0, , MARS Alt REMITTANCES 101 WOO RAINIER AVENUE SEATILE, WASHINGTON 9SI" June 20, 1986 No. 236E 29714 _._... DESCRIPTION i Furnish 59 Street Lights Hauling materials LABOR s FM WM ST 13.0 hrs. @ 51.55 hr. + 670.15 �4 MATERIALSt Graybar Elec 166229 Graybar Elec 168131 Graybar Elec 168498 Graybar Elec 168364 Graybar Elec 168259 20% Handling TOTAL MATERIALS: r 1{{ EQUIPNEIJ'P USE s TOTAL INVOICE: a Hauling materials 12 s�T'ACO t Truck 5.0 hrs. @ 10.00 hr. Finance Charges: 2/11-3/10186 3/11-4/10/86 4/11-5/10/86 5/11-6/10/86 6/11•-6/20/86 TOTAL DUE THIS INVOICE: 531.00 1,180.00 631.58 17,684.24 18 94740 38!974!22 7,794_84 46,769.06 50.00 $47,489.21 712.34 712.34 712.34 712.34 237.40 $50,575.97 ia� �o��� h /0 1 p ra $ ova D � P� L CITY ELECTRIC INC. 3700 RAINIER AVENUE SOUTH SEATTLE, WASHINGTON 98144 (206) 722-0700 N 0 T I C E ate atc ate ADDRESS DATE 5/21/86 CITY OF KENAI 210 FIDALGO STREET ACCOUNT NUMBER KENAI, AK 99611 71700 )ICE JOB /SUB; INVOICE IBER DATE NUMBER DESCRIPTION AMOUNT 60 1121/86 236E 59 Street Lights 49,068.53 3/10/86 Finance Charge 736.30 4/10/86 Finance Charge 736.30 5/10/86 Finance Charge 736.30 CURRENT ?i 736.30 30 DAYS 736.30 TOTAL BALANCE� 60 DAYS 90 DAYS Et OVER 51,295.43 736.30 49.068-53 �" y Gil 60 7 L11 ,- DOIFT.OF ENVIRONM EDIT I CON ` OFFICE OF THE COMMISSIONER P.O. BOX 0, JUNEAU 99811-1800 9 � The Honorable Tom Wagoner Mayor, City of Kenai 210 Fidalgo Kenai, AK 99611 _ Dear Mayor Wagoner: ' .a l f Q BILL SHEFFIELD, GOVERNOR SWIN111 ION 465-2610 G- 9 September 29, 1986 i D/se.+ *#Ake— •PY88 �co •- DBE: /o � . I I am writing to find out what wastewater, drinking water, or solid waste .'I projects you would like to have considered for funding through the Depart- I :.�.. ment of Environmental Conservation (DEC) 50 Percent Matching Grant Program. .We are preparing our State capital budget request for Fiscal J i Year_1,9_88. As you know, declining State revenues mean it is unlikely that many new capital projects will be funded in FY88. However, we do want to be prepared to analyze and advocate for any new projects communities may propose to the Governor and the Legislature. I encourage your community to support the use of DEC's 50 Percent :r Matching Grant Program to help finance sanitation projects. At a time of declining State revenues, it is necessary for State capital dollars to be used to the greatest advantage to both State and local governments. The 50 Percent Matching Grants Program, administered by DEC, offers several advantages to your community, as well the State in light of l limited financial resources. By using the DEC program, the State's dollars can go twice as far, and twice as many Statewide needs can be addressed. Local funding participation encourages community interest and better project management at the local level, with an expected lower total project cost. Our engineering staff assists communities l f in reviewing engineering plans, contracts, and in meeting State con- struction requirements. DEC will continue to advocate use of this program. "j I would remind you that requesting funding through the Dec grant program -- --- alone is not enough to secure money during the legislative budget process for your projects. Projects funded through DEC receive appropriations F from the Legislature just as other capital projects. Realistically, in order for the final capital budget to contain appropriations through the DEC 50 percent grant program for your project, the project must also be identified as a high priority by your local government in your communication with the Governor and the Legislature. f I FvR t.UU�.6&l. 6lthUNiG OF _ i (] i.iiv w-jr. ----L3 Attorney JKDCPuAc Works ---L] CRY Cluk -U F;.I�Q�t� ----L1 Original To �~ Submltud 64v— Council OK pNo [3Yas UP— I m -2- September 29, 1986 order for us to receive consistent data from each community, please mplete the enclosed Questionnaire and return it to the Facility ..stN,...t..n sN nOE on Division Scto er 24. MO. we �ooK rwardYto�working with you on the projects as funding becomes ava11- ile. If you have any questions, please feel free to contact me or iry Hayden. Sincerely, 3;Q9t>O-- Bi l l Ross Commissioner Enclosure r" 10 KENAI CENTRAL HIGH SCHOOL 9583 Kenai Spur Hwy. - Kenai, Alaska 99611 Phone 283.7524 October 6, 1986 Mr. Tom Waggoner Mayor City of Kenai Kenai, Alaska 99611 Dear Tome We would like to have Jeni Lynn, student at Kenai Central High School put on the Parks and Recreation Board. Would you please bring it before your council for approval. Thank you. Sincerely, 44a Richard Hultberg Assistant Principal RHewb L Paul D. Epperson t Prlmlvol � Richard D. Hultbers AaWRN AWrpnl Marlene R. Benson AflW.nl pllnnpd l : 'i. Agl.Ulrr vif"lor • j 1 r- UNAPk'amep. KENAI PLANNING & ZONING COMMISSION October 8, 1986 - 7:00 PM Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Present: Lewis, Bryson, Carignan, Osborne, Smalley, Zubeck Absent: Oleson (excused) 2. APPROVAL OF AGENDA Add item 6, approval of minutes Agenda approved with the addition 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Public Hearing for Pickle Hill Broadcasting, Inc. Transmitting Tower - Lots 3, 4, & 5, Beaver Creek Alaska S/D. Planning Specialist Loper explained that the construction of the transmitting tower does not require a conditional use permit as previously believed, therefore since the proposed radio operations have been advertised, the Commission is available to accept public comments. Mr. Jon Lillevik (sic), Treasurer of Pickle Hill Public Broadcasting spoke. Marion Nelson (indicating in the audience) is President and is present also to answer any questions. Mr. Lillevik explained that they are assigned 88.3 FM rebroadcasting KSKA FM from Anchorage and operate a 10 watt translator currently located on Ski Hill south of the Soldotna airport. Last year the company applied for an FCC radio license to increase the power to 4400 watts and locate the transmitter and facility on the described Property. The land is currently owned by the state and we have an application with them to lease the property. As part of that process, they request that the City Commission regulating zoning, review and comment which is the purpose of appearing at this meeting. The main intent for the property and the facility is to increase the power from 10 watts to 4400. The property is in the exact center of the population growth of Kenai, Soldotna, and surrounding areas which is the target receiver. The cost will be significantly less than if we were to locate any where else. Chairman Lewis asked the height of the tower, Mr. Lillevik answered that it would 180' to 200' dependent upon money available. L In 7 KENAI PLANNING &ZONING COMMISSION October 8, 1986 ' �F Page 2 tt' I MOTION: �. Commissioner Smalley moved to issue a statement of non -objection j, and in addition, a statement of support, feeling that this is something the community needs, seconded by Commissioner Osborne VOTE: f 4F Motion passed unanimously j 5. OLD BUSINESS i allone _y 6. APPROVAL OF MINUTES OF September 24, 1986 Commissioner Smalley stated that on page two he felt that he asked about the bike trail rather than Commissioner Carignan and asked j _ that the minutes be amended to reflect the change. " The minutes were approved with the correction 4 7. NEW BUSINESS a Request for Street Name Change - Park Street to Highbush Lane - Planning Specialist Loper introduced the item explaining that Mr. Gary Bogue, a resident of Park Street had requested the name change, feeling that it would be a logical step as Highbush Lane f and Park Street are aligned, and considering that with Swires 3- Elementary being in the vicinity, the land between the existing Highbush Lane and Park Street will be developed and he would like = the Planning Commission to consider ensuring that Highbush Lane will run all the way through to Lawton Drive and to the new golf { .. course. i Commissioner Bryson asked if the three residences presently constructed supportive of the name change, Planning Specialist _. ... Loper answered that no comments have been received either for or against. Certified letters did go out to all property owners either adjacent to or affected by the ROW. Several questions have 1 been answered, however, no comments. - ........ MOTION: Commissioner Carignan moved that Park Street be renamed to Highbush ' ��---- - -' -- Lane, seconded by Commissioner Bryson. VOTE: Motion passed unanimously. n" Commissioner Osborne asked if letters would go out to agencies such 1 as the fire department, informing them of the change, answer yes. '+ b: Home Occupation: Lot 5, Blk 3, Three W's S/D The Wedding Connection -Susan A. Anderson is i .Tt Z �i 111{{{444 1 b . f I .ft KENAI PLANNING & ZONING COMMISSION October 8, 1986 Page 3 Mrs. Anderson came forward to detail her plan. The business would entail mostly flowers for weddings and would be by appointment only. Chairman Lewis asked when the business would open, Mrs. Anderson answered that this was her first step, that she wished to obtain the home occupation permit prior to moving forward with the necessary licenses. Assuming approval, she would like to open no later than December lot. Commissioner Carignan asked Mrs. Anderson for details involving inventory and stock. Mrs. Anderson answered that the flowers would be on an order basis, that the flowers would only be stored a couple days prior to the wedding. All other inventory is minor and requires no large stocking. Commissioner Smalley asked if she had contacted any of her neighbors, Mrs. Anderson answered that only one had any comment, and that was of a positive nature. Administrative Assistant Gerstlauer stated that she was also a neighbor and fully supports the venture. Chairman Lewis asked if Mrs. Anderson planned on a sign and if so, would that present a problem. Mrs. Anderson stated that she would prefer not having a sign at all, but that a small one may be necessary on the house for the purpose of locating the specific house after a client has made an appointment. MOTION: Commissioner Carignan moved to grant a home occupation permit to D Mrs. Anderson located at Lot 5, Blk 3, Three W's S/D, seconded by Con ni.ssioner Osborne. VOTE: Notion passed unanimously. S. PLANNING None 9. REPORTS a. City Council Councilman Wise reported that there will be a workshop on the Airport Master Plan Tuesday at 7:00 PM and whether for or against the float plane basin, this would be the time to air your views. The materials should have been made available to you for review. "Of concern is the concept that someone has snuck in and extended the runway 10,000' for wide body jets which is a $6 million project would destroy the neighborhood adjacent to the airport." The rezoning request for the Person's Homestead passed with the stipulation that a plat be filed and recorded prior to the rezoning taking effect. The Old Town Committee presented a report to the Council, a copy should be made available to you. L a WJ f KENAI PLANNING & ZONING COMMISSION October 8, 1986 Page 4 Commissioner Smalley asked for the requested report concerning the parks plan. At the last meeting it was discussed that certain parks would be closed pending upgrading. "We are coming into a time when many magazines which include Alaska are going to publication." Councilman Wise stated that ideally, Commissioner Smalley should attend the next Council meeting and request the information of the Council. Councilman Wise stated that, to his knowledge, the Council took no action other than to close Cunningham Park at midnight. L. b. Borough Planning Commissioner Bryson reported that public hearings were held concerning land use modification for the the Parson's Homestead and it was approved. Commissioner Bryson reported that there have been a spat for requests for utility easements be vacated in part. Apparently, one or more of the banks are requiring that wells existing in utility easements are an encroachment. One or more bank is interpreting this as being a specific use for a specific utility and if you have your well within your own easement, this or these banks are requiring you to vacate a portion of this easement. There is a case before the Commission in which a person that had a native allotment in which the land was deeded over to the Borough by the State, this person has petitioned both the State and Borough for the land itself, the resolution before the Commission was to allow this land to go back to the State so that they could transfer it to the person, however, there is no assurance that the Borough will receive like land, in this case it may be water front property and acreage for water front property would not be equitable, therefore the Borough has requested more information. There was a public presentation concerning a public port study that is being done on the Dimond Chunitna mine on the west side of the inlet. Apparently the port proposed in that area needs to go through a bonding process and public processes. c. City Administration At the last meeting, information was requested concerning the bike trail that appears to have "disappeared". The trail lies in front of the new McDonald's and extends to the Kenai Bowl. Planning Specialist Loper reported that Howard Hackney has viewed the area and determined that the trail is covered with sand and dirt but appears to be intact. It has been determined that a letter will be written to Mr. Lowry requesting that the dirt be removed. The Commission questioned the action, asking if a letter would be sufficient, Planning Specialist Loper stated that the letter will begin the process. Commissioner Smalley had contacted the Administration requesting information concerning the Pizza Hut sign. A study was done which L f KENAI PLANNING & ZONING COMMISSION October 8, 1986 j Page 5 revealed that the sign being compared was the Craycroft sign which ' d did receive a variance to a height of 281, the code at the time, being a 16' maximum. Since that time the sign code has been amended to allow at 32' maximum and the new Pizza Hut sign does ,. fall within that limitation. 'If ' Planning Specialist Loper asked for a work session prior to the next meeting concerning some of the revisions to the code that the _ - ? Commission has been interested in over the past year. The Commission agreed. At this time there are no items for the next agenda and if this is the case, the Commission will be notified and the next meeting will be entirely work session. r Councilman Wise asked for the status of the Capital Improvements Plan. Planning Specialist Loper stated that no information had n been received. Councilman Wise stated that this is the time of year when this is considered. As soon as any information has been received, it will be passed on to the Commission. Councilman Wise asked for a progress report on the Kenai River Management Plan. No report has been received and no notification of meetings. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS No comments or questions _- 12. COMMISSION COMMENTS & QUESTIONS .. ` Commissioner Smalley asked if any information had been received Department of the Interior regarding native allotment r_ from the lands as regards planning or zoning powers or CPR 25. A status letter was to have been sent by Mr. Brighton last month. There has '! been no information received at the time of meeting, however, !, Administrative Assistant Gerstlauer agreed to provide that information as soon as it arrives. Commissioner Smalley asked if the status of the land in question :i has ever been determined. This information had been requested from -.--- _- - -- j the city attorney some time ago. The Borough Assessor maintains that the land in question is not native allotment. "Someone is _V�`__f playing games and I would like to see if we could get either the + City Attorney or some indication out of his office of what is being 1- done on it." Administrative Assistant Gerstlauer will check and report at the next meeting. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 7:35 PM. Janet A. Loper, Planning Specialist Secretary to the Commission W1 Y L_ L 6 !j :I? . Borough Clerk ' Kall, PQNINOYLA KOAOYOM (f 3 ;t NF0 CITY CLERK P. 0. Box 580 Kenai, AK 99611 r �N6 NP o.A nrM ..lY� tor Y rw"� ? �p �Mp r" �3'•pMrepM� r•r" pN Mrrn a ewf °� '0 a "@nnp0 0�.�0 0 ra 40 N OcrAW A MOr A0.rr0" Witp"p yy .� oN '•' M M OP C~gf -0 uFi rrr°i� 4 aN i r°u �• O.fi' r Q r i y0 a e O. YM r wrwre.l N ` $ N ° e,Or•0. y p n O N Mt }i N O. oy �j epOte y pa���6'y�� �p r% Ir O nnIr P C f M E .j - MN f•Y nM04 '.�j(�M WWWWWWj, g60 •• •1�.% 6 �� O ,tA `1 _:� a. 1'� all cog in Fn . 1.1 Np M A C pp C7 pp • Mini Y OC " O C K O.Yit «a • KF Y 8�1 • A m a �O • tit t�yaf t 11e �O/�x! ti Y Yp NIt Na 4 "Yp``�j ��11 yuWm Qw� �t111 y Oa Y>• q..• MEOON yy1bWN YM"a5 m'�M OY�O�•1 a •Oi �Y! M Y ~i. O.N .ice •+Y gin �..Yi EMi tea; Mw •- � s Y rl My MY a � �>a 1� �Y �� �si�W^ i�o�lio•�� �j W O YpWM� Y ~aO ��Mtly pp y�t'�i w ajMGj to Wp It y$ Y M00060pYy w ��pp O.1{�aai� O N&p Y V O Y M`i.r"i'D 8 w •O 110 10Y y.• aR VVVVMl111M YMp �OA6O 10 Om0 so aY m ve co YF ��•" CO wo .s. V " a we � Y �Iw4 p fAd 0 O � Y1�•IuV Y YM �'} .7 �N p•O 00��� W y f� y .p.Q�1•�, �$ Q v � IY. � a r iii i. •�,,Lq� r �� � � �o tz� MY ay G5Q• t�Yt����jj � O O � M N N � Myp 1/��•�] J 1 •• / pyQnppl Q+ 1 � p y � a � f N.•1 m^.1 i107 M i w yymmll .1 10 Y,1 , , s0 y F O � • 40r�r1 6� tp� �1�� y Y �~L �^pp.. P6611i 06 0 �!� I � O i���0 i i i a d ea y c pppq1g W e h Ytl ` • Nri m• � Yr Y tY <Y ^ � tl�� Y A � �a1 1st L}1 ygQ y ate• Y Yp i � � Lt W .pY1 �yp1 •• tt�p�1 M W Y >.�+ " �R Y{j dOd� Wt• �Wv OMB�k I p 0. pa •O YYM Y � m VY Ygyt71 � fp0 1Mt"0yy Ot O^ a O c.� •y 0 tAYv . so 0 6 Y 1yt yy w 0 .1 Q(1 O Lqpqp pM ~ VMS VI Ye use OI .4 ONif 0� ON YY� aYC IS Ito— YM� it .QS�,` Y w pw i$��^WR4 N R M O Y'O " N y p� r Qy$bgyr � � FpW M w��y MOO Nd �p �F �10 �6 �Y ��s w tl Y '�'•1 +�Oyaytl 4A Oa01^0O •tl0 Y L G Np/t0" .�I Y•nla OY• __ ._— 11yyytt tttt 1 FN cy Qpt� av' �t �t yyQ tit• ..... - - ---........ . r s Y i i •• ...Y. 1{tyy��rr y Ya M m C Y G `0".oprn M O C, �yC Y yyO y OQ Vy t�wt• �I N O Al mV YWWQa M n+1C! MM• Y Y Y Y .1 •MYIY Y••rM Yv YM NE Y �. '� pv rw0i YOY i7i ~ .7V It "�d1ii Wa Y • YM a../V t M i Q: ym •rO t �Y t a t Y t i16 i 10 t o t o w t tDY a V Y Of. pNp y trp .�.1 m Y v�i m ^ ~ 11�g� C 111�. Y m m 0 Y i. a Y r M +I L 1Q 1 1 1p 1 $ �1p /p Qy{ 1 pQp 1 1 1 • 1 CD a p $p 1 O .9 1 1 Y Y BM O m. � CO CyD O 10 SI O W ••1 m " 01 • i�0 y a) M • Y OD A O 1+ 14 Qq g f• �a! pN g Y4p F 1t 06.70t0 pQ Ji J N Y L�.• v E a 1y�� y b �1 +yq Oy t�,ff {O/ 19. M 4 F Ob YO 'NY ii lapt'O O N Y p• Y 4 P• 6 yY N A Ya n 0{IIG 1�10a0 O O iMt Ot aa0 r 07 F K O t L r�� ( I COOPERATIVE EXTENSION SERVICE I University of Alaska t and U.S. Department of Agriculture Cooperating Local Government Pro am !' l + 9 is •,� COOPERATIVE EXTENSION SERVICE UNIVERSITY OF ALASKA fL a r N AND N N` CONFERENCES AND CONTINUING EDUCATION UNIVERSITY OF ALASKA, FAIRBANKS PRESENTS IN CONTROL - THE BUSINESS OF LOCAL GOVERNMENT Monday, October 20 and Tuesday October 21, 1986 Federal Building - Anchorage, Alaska l This workshop is provided for all community leaders and a4mipistrators who are involved in the every day business of running local governments in rural Alaska. It will supply much needed information to enable community leaders to carry out community programs, and provide community services, in todays depressed economy. Workshop Objectives o Effective control of finances. :; .. O Efticieant audit pri partition. o Productive +Ise of the romm+lfiity work force. o Obtaining grants and other funds in todays depressed economy. o The new Title 29, it's effect on your community. }( o Procuring community insurance, cost and coverages. o Effective use of a eit.v arte,rnev. 0 Dealing; effectively wi•.h i n•• "'tr-+te legislature. o Planning for the future•/ev..jt-ei'ml trends. s:. The I1nM1.1Y1, of AYAa'. (Mlflelalrvr + a1eMlnn \!I•nC pla,l.nb or aNll.ml' lu all .Whom .read In 140. UdIM, op. its. eftld. MI{IIMI •ai,nl at hudlup and In aalYMdaAf .'•l-. A.. {, .. aP++nvMr date and federal br• 1..•IrJ as /unhrlmlee of ctonwalt.r f .wmnln rnra. act. of Mae a and hmr M,. Iel. m .. lttaen i aith the e1.R. Ilep ilmem of Apteultule• lamav M htaflhe•.. Iluaaan eoafe+.u.r 1-•leaann %a.ler• Vni.aaq of Alaska r ; all, L I • rt . it i4 r 4 WORKSHOP SCHEDULE Federal Building - Room C-117 Monday October 20, 1986 6:00 - 9t00 a.m. Workshop registration 9:00 - 12:00 p.m. Effective control of finances How to prepare for an audit 12:00 - 1:00 p.m. Lunch 1t0o - 2:00 p.m. Efficient use of the community work force 2t00 - 4:30 p.m. Obtaining funds In todays depressed economy Tuesday October 21, 1986 9t00 - 11:00 a.m. Now the new Title 29 affects your community 11:00 - 12t00 p.m. Camwnity insurance, where to find it, how much will it cost �yy 12:00 - 1:00 p.m.- Lunch It00 - 2:00 p.m. Effective use of a city attorney 2t00 - 3:00 p.m Dealing effectively with the State Legislature 3:00 - 4:30 p.m. Planning for the future WORKSHOP LEADER The workshop will be lead by Mr. Hery Hensley. Many experFs Will be on hand to { discuss the various topics set out in the agenda. Mr. Hensley has 20 years i experience in the State and Local Government field coverfng a wide range of areas, from training local government and community officials to mallagement through program development and implementation. CONTINUING EDUCATLON CREDIT INFORMATION Continuing Education Units will be awarded for completion of this course, and certificates of completion will he issued. Tuition for the continuing ! education credo is included in thW registration fee. L L n „r0_ 1{ _ ! 1 f` y; i? Fri' APPLICATION FORM for IN CONTROL - THE BUSINESS OF LOCAL GOVERNlP" Name ` City/Village/Organization affiliation Your position: Elected Official City Administrator Other (list) Years employed in your present position Mailing address City Zip Phone number (office) (other) Subject you are most interested in List other workshops attended MAIL COMPLETED FORM TO: Local Government Program Cooperative Extension Service 429 D Street, Suite 210 Anchorage, Alaska 99501 A WORKSHOP REGISTRATION FEE OF $175.O0 WILL BE ACCEPTED AT THE TIME OF REGISTRATION. Make check payable to the University of Alaska and have it ready when you register at the meeting place. This is a self-supporting workshop. The number of participants will he limited, and will be accepted on a "first come, first served" basis. Please notify us as soon as possible if you plan to attend. For further information contact: Tony Nakar.awn nr New Hensley 276-2433 • o L . r �M 1 To Receive Future Issues ' If you are not on our mailing list for Local Government Hi-Lites, and would like to receive future editions, ser. �ff ! r your name and address to: I .ii Local Government Program �? Cooperative Extension Service 429 'D" Street, Suite 210 Anchorage, Alaska 99501 [� (907) 276.2433 i - - AdAnthony T. Nakazawa Extension Specialist in "i Local Government and Community Planning COOPERATIVE EXTENSION SERVICE U.S. DEPARTMENT OF AGRICULTURE BULK RATE I POSTAGE i FEES PAID UNIVERSITY OF ALASKA FAIRBANKS. ALASKA 99775.5200 USDA PERMIT No. 0265 OFFICIAL BUSINESS s" PENALTY FOR PRIVATE USE. S300 _t O v is = city Of Kenai 210 Fidalgo Kenai AK 99611 .. q.. 1_ I i. • �t L w t_A rA/FO ' 3 *Fairbr anks North Star Boro Pioneeugh 809 Road P.O Box 1267 Fairbanks. Alaska 99707 907, "452.47ti1 L'. .. 2j °Cr 8,, ( Dear Fellow Clerk: At its regularly scheduled Assembly meeting of September a ... _ 25, 1986, the Assembly of the Fairbanks North Star i' Borough adopted the attached resolution. Thank you for your support and assistance in this matter. Sincerely, } Mo a Lisa Drexler Borough Clerk Fairbanks North Star Borough MLD:eI - - Enclosure -1 1 M By: Phil Younker Introduced: 09/30/86 Amended: 09/30/86 Adopted: 09/30/86 RESOLUTION NO. 86-092 A RESOLUTION REGARDING LOCAL PROPERTY TAXES UNDER THE ALASKA NATIVE CLAIMS SETTLEMENT ACT WHEREAS, the U.S. Congress may amend the Alaska Native Claims Settlement Act, and WHEREAS, the proposed amendments to said Act, if postponed or revised, may deny local governments the authority to levy property taxes on certain lands owned by Native Americans; and WHEREAS, the Fairbanks North Star Borough currently . taxes unde- veloped land; and • •t C-1' WHEREAS, the Alaska Native Claims Settlement Act does not clearly _ define undeveloped land and the proposed amendments; and WHEREAS, there is an increasing possibility of various limits being placed on the ability of local governments to tax. NOW, THEREFORE, BE IT RESOLVED by the Assembly of the Fairbanks North Star Borough that: 1. The Fairbanks North Star Borough encourage the U.S. Congress to refrain from enacting amendments to the Alaska Native Claims Settlement Act which will limit or eliminate the ability of local governments to tax undeveloped Alaska Native Claims Settlement Act lands lying within the boundaries of said local governments; and i 2. if the U.S. Congress enacts such amendments referred to above, that the Fairbanks North Star Borough request the Alaska members of the U.S. Congress to propose such legislation as may be necessary to require the U.S. Government to pay to Alaskan local governments an amount of money equal to the amount of property tax revenue which would be levied undeveloped Alaska Native Claims Settlement Act land lying within the boundaries of the local government. PASSED AND APPROVED THIS 30TH DAY OF SEPTEMBER, 1986. Presiding officer ATTEST: - Clerk of the Assembly RESOLUTION NO. 86-091 Page 2 u I zN Fo — c/ CITY OF KENAI ,•o edp4W 4 4&4a"' 210 FIDALGO KENAI, ALASKA 99611 ' .� 3456 a TELEPMONEZ93-7836 Q, L' 9�i • d, tip. � CITY 0F'. N�''` BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMISSIONS AND COMMITTEES NAME PATRICK CARTEE Resident of City of Kenai? YES How long? FIVE YEARS Home Address 710 ALDER COURT Tel. 283-356& Bus. Address RETIRED Tel. Name of Spouse MARL, RET Presently employed by RETIRED BUSINESSMAN Job Title Current Membership in organizations: ELK'S CLUB, MOOSE LODGE Past Organizational membership: AMERICAN BOWLING ASSOCIATION ANCHORAGE PARKS AND RECREATION BOARD Committees interested in: MAYOR'S COUNCIL ON AGING Signature L L i 6:7 0-'el"6d. MhAdad in 0W next C WWA 1 or ASSZr+biy -Pae*Fo Resource Development zN po - �- I. . o' for Ala3�a, nc. In °,o0;a,r THURSDAY PUBLIC FORUMS October 1986 6xecun ECTOA extiCtlTiV6t oMMI1TEB 0 `` p L E' A 3 E P OST THIS SCHEDULE Boyd J. Brownti•kt, PnaldeM tip• JOM Feraeeki•. & Prue ��� �, J.snetpyst•etny VkePree �e.Q,,,his; schedule of weekly public breakfast forums is Joeepn R Henr1. �/ke Pree. V OK .Ea�r.d,�e11i,SeQ the ; i y -notice you will receive for October meetings. �= ± Lurytaepnman,Troaeurer Reservations are regµired for each meeting. Please call Sharon E. Anderson - - QceanenAM� ills 276-0700 by 5 p.m. Tuesday for a reservation. •� 4 •r ii iy .. t• F . •i 6X.OMCI0 MEM66RS Senator Ted Stevan• ConOraenun Donno fim"=6w ffletd L All RDC Thursday breakfast meetings are held at the Northern Lights Inn. Breakfast is served at 7:00 a.m. with presentations beginning at 7:30 a.m. **+� MARK Y-OUR CALENDAR N 0 W I October 2, 1986 The Myth of Deregulation Speaker: Mike Nichols, Vice President of Marketing, ALASCOM October 9, 1986 The Alaska Real Estate Market: The Rise and Fall Speaker: Connie Yoshimura, President, Fortune Properties October 16, 1986 A Statewide Economic Development Strate Speaker: Tom Lawson, Project Director, Statewide Economic Development Strategy, Alaska Department of Commerce and Economic Development October•23, 1986 (To be confirmed) Developina Alaska's Natural Resources Speaker: Senator Arliss Sturgulewski, Republican candidate for Governor October 30, 1986 (To be confirmed) Developing Alaska's Natural Resources Speaker: Steve Cowper, Democratic candidate Governor n 1 AML NEWSLETTER Volume 7, No. 3 ALASKA MUNIGPAL LEAGUE Advance AML Conference Registration Ends October Governor Sheffield to Address Conference Governor Bill Sheffield will address the delegates atthe36thAnnual Local Govern- ment Conference at the luncheon and opening general session, November 12, 198G Governor Sheffield, who recently lost his reelection bid in the primary to Fair- banks attorney, Steve Cowper, will, no doubt, have some interesting perspectives to share from his four years as Governor of Alaska Governor Sheffield first moved toAlaska in 1951 Before being elected Governor on November 2, 1982, Sheffield was Board Chairman of Sheffield Enterprises which owns several hotels in Alaska and Canada. Duringhistenure,theGovemor hasmana� ed the State from the peak of its oil wealth to the more recent cutbacks of the last two years due to declining oil revenues. While Alaskans will have elected a new governor by the time of the Conference, Governor Sheffield will still be the Goven nor. His comments on the past four years and cautions for the future should be, at least, candid.The Governor-electwill be In, vied to the Conference. SUBMIT NOMINATIONS FOR AML BOARD AND LEGISLATIVE COMIAnm Exhibit Space Available Exhibit space is available at Centennial Hall during AMIN 36th Annual Local Government Conference in Juneau, November 1214,1906, A limited number of spaces are still available for individuals and firms who want to exhibit their products and servicesatthe largest gatheringof local government officials from all over Alaska. Exhibitor packets were sent out to all AML members and others who have expressed an Interest. For more information, please contact the AML staff in Juneau at (907J 586-1325 AML Conference Special — Prepare to Participate Read the AML Newsletter and Register Early Registration and hotel Information started in theAugust issue of theAML Newsletter. Consult this and other Newsletters and special bulletins for additional information and conference details as November 1214 approaches. Several Juneau hotels have blocked rooms and are offering special AML Conference rates. Conference and hotel registration information has again been included in this Newsletter. REGISTER EARLY to save time and money, and to in- sure the accommodations of your choice. Advance registration deadline is October 30; however, delegates can register on site. Join the AML Over too municipalkies, and over 7D firms and organMons are members of the AM L AML members enjoy special conference rates and the opportunity to participate in the policcyy making of the League- Only mun(di aa7ANeswhohampaidtheirduesane eligible to vote on the polity platform and the election of officers and rs of the League at the Friday business meeting. Non -Members Take Note: The AML at - lows any municipality, which is not current- ly a member but which pays % of Its 1986 dues by November 12,1966, to be an AML member in good standing for 1966 and, thereby, eligible for member rates and voting privileges at this year's conference. However, AML membership is not re- quired toattend and participate in thecon- ference discussions and activities. SNP-� October 1986 30th 31 Read the Polley Statembrit' The major purpose of the AML Gm- ference is to develop the Ieague's AIcy platform for the nett year. The polity issues are discussed during the conference and voted on at the Friday business meeting. Each member municipaittywith delegates In attendance gets one vote. The result Is the AML Foilcy Statement which then guidesthelegisiativeactivitiesofthe ue Board, Legislative Committee, and sta . The IMAML WllcyStatementwaswlde- ly distributed following last year's con- ference in Fairbanks, and multiple copies were sent to all AML members. At their August meeting in Kodiak, the AML Board of Directors reviewed the recommenda- tions of the AML Legislative Steering Com- mittee, and approved a "Draft 19V AML Policy Statement." The draft document recommends amendments to the 1986 Statement, and copies will be sent to all AML members prior to the conference as well as included In theconference packets at the conference. Coples arealso available on request to non-members. The "Draft 1987 Policy Statement" will be the basis of discussion during the con- ference and for amendments to be voted on at the Friday business meeting. Please read and famlliarizeyourself with thedocu- ment, and discuss it in your community prior to the conference. For your conven- ience, this year the draft shows the 1986 language proposed to be deleted in [brackets], and the language proposed to be added is underlined. Resolutions Resolutions must be submitted, type- written, by an AML member to the staff at theAML office in Juneau or duringthe con- ference in the AML Conference Office before 10:00 a.m. Wednesday, November 12th. The Resolutions Committee has been appointed by AML President Dan Keck and consists of the Board and Legislative Com- mittee members serving as policy section leaders during the conference. A typewriter will be available in the AML Coherence Off ice du ring the conference for use by the delegates. The Resolution Committee will review and approve proposed resolutions to be (Continued on page 3) j L-- �l The Municipal Audit: Integral Part of Sound Financial Management by Robert Remy, Director, Financial Mansoement Services, Maine Municipal Association. Reprinted from Kansas Government Journal, April, 19M As municipal resource have become in- creasingly scarce and the financial stability of many communities has been threaten- ed, fiscal responsibility and accountability are now areas of growing concern for both elected and appointed local government officials. These problems can only be adressed through a sound financial j management program. A key element in a, uccessful program is the independent audit. Unfortunately, the role of independent j auditors has not been well understood and their work has not been fully utilized as a management tool by many local govern- ments. Auditors are specialists in investi- gating, verifiying and discovering Informa- tion about an organization's finances. teaming how to acquire and use this finan- cial specialty can do much to Improve a ' local government's efficiency and effectiveness. The Audit Proton A financial audit is an examination of the t financial records of a governmental unit that is conducted in accordance with generally accepted auditing standards. The {{ result of the audit is a report rendered by i an independent auditor of how ap- propriately a government's financial J statements depict Its financial condition ! and results of its operations. An indepen- dent audit Is one performed by persons not in arty way affiliated with the govern- ment being audited in order to ensure complete objectivity and, professionalism. The independent auditor's opinion will usual ty fall into one of four categories: r UnqusWkd OpiNon. The statements j present fairly the fiinancial position and results of operations of the government unit on a basis consistent with prior years. This Is the so called "dean opinion." ✓ Qualified Opinion. The opinion is similar to the above but with certain ex ceptlens to generally accepted accounting 't principles which are dearly explained in the opinlon. r Adverse Opinion. This "bad opinion" v states that the financial statements do not ;{ fairly present the financial position and the 1i results of. operation of the governmental sl unit. The opinion would Include the reasons for the adverse opinion. j r Dkddma of opinion. The auditor cannot render an opinion usually because the financial records are incomplete or the In addition to financial audits, auditors often perform compliance audits in which the auditor reviews operations in terms of compliance with various laws and regula- tions regarding financial operations. Com- pliance audits have always been a vital part of governmental audits. Although audits are required by state law, there are several more fundamental reasons why a local government should have an independent audit: ✓ The audit provides a professional opinion of the financial condition of the governmental unit. r Audited financial statements provide reliable financial information to evaluate the financial health and stability of the governmental unit. ✓ The auditor should provide recom- mendations to strengthen and improve the management and efficiency of the govern- mental unit. ✓ The audit will ensure that the local government is in compliance with all appli- cable legal provisions. With these very reasons in mind, many communities are now reevaluating their auditing services and how to best obtain these services. involve Elected Officials Elected officials should Involve themselves in the audit process because they hold the ultimate responsibility for the financial operations of their municipalities. Governing a municipalittyy requires management of Its financial af- fairs. Since the independent audit is a key element in overall financial management, municipal officers must participate In the audit process to help them understand and control the financial affairs of their communities. The nationally recognized auditing firm of Coopers and Lybrand, in its publication entitled, The Munkipal Audit —Choice and opportunity, feels this invovlvement is important because: 'The munidpalit)/s financial operations and internal controls may be substantial- ly improved as a result of an audit, since auditors are required to report in writing any significant control weaknesses they find, and would normally make recom. mendations for needed improvements — particularly if municipal officials direct their attention to areas of concern at the outset. Precisely because the publics demand for understandable financial information is growing, it is highly desirable —for both the public and municipal officials —that this information be lent credibility by q0*, professional opinion of an independe. auditor, Intelllggently chosen. By participatin In the audit process and gaining insight into the financial opera- tions of the municipality, the municipal of- ficials render an important public service and enhance their ability —and visibility — as public servants." It's also important that the participants In the audit process include elected of- ficials because audit results often have political implications. For example, if a municipality's records were in such a con- dition that an audit could not be con. ducted, people might be concerned about what happened to their municipal funds over the years which could lead to a loss of state or federal assistance. In addition, public officials who do not involve themselves In this process will miss a valuable opportunity to gain insight Into their municipality's financial operations. Audit Committees The use of audit committees in both private corporations and governmental units throughout the country continues to grow. The Municipal Finance Officers Association (MFOA) conducted a survey in late 1963 that indicated that 23 percent off, the respondents in their national su had established some form of audit cony-- mittee. The survey found heavy participa- tion by the audit committees in the selec- tion of Independent auditors. It is recommended that the auditors be selected by an audit committee particular- ly composed of two to three elected of- ficials preferably with experience in finan- cial matters. In addition, it may be ad- visable to include the chief administrative officer or financial officer as well as finance or budget committee members and in- formed citizens such as accountants, bankers, executives and other persons with similar backgrounds. The audit com- mittee should seek the advice of anyone it believes can help, especially people knowledgeable about auditing. The Com- mittee can operate as a subcommittee of the governing board. (Continued on page 4) AML NEWSLETTER 105 Municipal Way • Suite 3M a Juneau, Alaska 99801 • (910) 5f16.1325 STAFF: Scott A. Burgess, Executive Director and Editor Timothy R. Smith, Programs Manager Phyllis H. Larson, Administrative Assistant I� ; a t October =B l! KI Prepare To Participate (-117ontinued from page 1) :msidered by the policy sections based on the following criteria: 1) submitted on time; 2) typewritten; 3) submitted by an AML member and identified as such on the resolution; and, 4) whether the resolution addresses an issue of concern to local governments, statewide. The policy sec- tions will review the resolutions after con- sidering the policy statement and make recommendations for adoption at the Fri- day business meeting. Resolutions differ from the policy statements in that they ad- dress issues more specifically, and theyexist for one year only. Resolutions not receiv- ing the committees endorsement, or that have not been reviewed by the Committee, will require three (3) voting member co- sponsors to be considered at the business meeting. Resolutions, adopted by the AML membership, are Included in the AML Policy Statement. Constitution and Bylaws Amendments to the AML Constitution and Bylaws are governed by the following provisions: Article IX, Section 1: Amendments pro- posed and approved by the Board of Direc- tors shall be mailed to each member muni- Opality at least thirty (30) days prior to the bnuaf meetingorspecial meeting atwhich -lice amendments are to be considered. Article IX, Section 2: This constitution may beamended at the annual meeting or special meeting by a two-thirds vote of all cities and boroughs voting, provided that the proposed amendment shall have been submitted in writing and read to the delegates on the first day of the meeting. Article Vlli, Section 1: The Board of Direc- tors shall propose bylaws and amendments thereto for consideration and adoption by a majority of all municipalities voting at an annual or special meeting of this League. If you need copies of the AML Constitu- tion and Bylaws, please contact the Leaggue office in Juneau. Rememberthat acomplete review of the League Constitution and Bylawswas done by a special committee in 1984, and significant changestookeffectat last year's conference. information regar- ding a change in thequorum requirement to a simple majority to take effect this year was sent out to the membership earlier. Copies of the Constitution and Bylaws are also available at the League offices, and will be included In the conference packets. t4da&e Committee Appointments Incoming AML President George Carte' of Palmer will appoint members of the 1987 ( ��gislative Committee during or Im- (lediately following the AML annual con- ference In Juneau. Elected officials, municipal staff, and associate members are eligible to serve on the committee. Nominations for appointments to the Legislative Committee must be submitted on the appropriate form included in the Nomination Packet sent to all member municipalities in September. Information required includes the name, address, phone numbers (home and work), qualifications, and a signature of the presiding officer of the governing body, mayor or f Irm or agency officer supporting the nominee, and acknowledging the ac- cepted responsibility to pay costs associated with committee meeting par- ticipation. Nominations should be sent to the AML, 105 Municipal Way, Suite 301, Juneau, Alaska 998ti1, or given to AML Presi- dent Dan Keck or an AML staff person by 2:00 p.m. Thursday, November 13th. The legislative Committee is responsible for preparing the annual policy statement draft, assisting with the anmral conference, reviewing legislation, and participating in the AML lobbying activities. The commit- tee meets at least three times ayear. Its roles and responsibilities are governed by Board resolution (copies are available on request). The Legislative Committee is made up of four Policy Subcommittees and the overall Steering Committee. officers and Directors The election of AML officers and board members will be held at the annual business meeting on Friday, November 14 at Centennial Hall. AML President Dan Keck will appoint a Nominating Committee at the opening session on Wednesday, which will present a slate of at least two (2) can. didates for the office of 2nd Vice President and for each of the director vacancies. Ad. ditional nominations can come from the floor at the business meeting. Remember that the Constitution and Bylaws call for nine (9) directors from dis- tricts, and one (1) director -at -large, in addi- tion to the officers (4) and the past presi- dents (5). Directors must be elected members of the governing body of their member municipality. Representatives of the Managers, Clerks, and Attorneys Asso- ciations also sit as ex officio members of the AML Board. Detailed nomination information on district vacancies and nomination forms were sent as a special bulletin in September. Each member community should submit nominees who will be effective and active in representing local government in Alaska, the AML, and your community. Ask Questions The namesof theAML Board of Directors and the Legislative Committee appear in most League publications, Including the 1986 Municipal officials Directory and the 1986AML PolicyStatement. If you have any questions or suggestions, fee free to con- tact them, or the AML staff at 586.1325. See you in Juneau. Institutional Energy Grants Open Grant cycle IX for schools and hospitals will be opening October 1, 19M The ap- plications for the Institutional Conservation Program (ICP)were to be sent out from the Energy Programs Office of the Department of Community and Regional Affairs In September alongwith the revised ICP State Plan. The ICP provides financial assistance on a competitive basis to schools and hospitals to undertake technical analysis and energy conservation improvements. Only buildings built prior to April 1977 qualify, and all energy conservation improvements must be shown in the technical analysis to have a ten year or less payback in terms of energy savings. Grants must be matched on a So 96 basis by the institution. There will be approximately $75p00 available for technical assistance (appplica- tions due December 1, 1986), $345,000 for Energyy Conservation Measures (ECM ap- plications due December 15, 1986), and $50,000for hardship funding. Grants should be awarded by May 1,19W. For more infor- mation, contact Norman Bair of DCRA in Anchorage at 563.1955. Seward Clerk Honored Linda S. Murphy, City Clerk of the Cityof Seward, has been awarded the designation of Certified Municipal Clerk (CMC) by the International Institute of Municipal Clerks (IIMC) for achieving the high educational, experience, and service requirements established by the Institute. Ms. Murphy has been with the City of Seward since August 1981 as Deputy Clerk and as City Clerk since February 1982. She completed the threeyear profes- sional clerks institute offered by the Alaska Municipal League and the University of Alaska. This institute offers over 100 student - instructor contact hours of in-depth courses in public administration, social and interpersonal concerns, and function- ally -related subjects. Ms. Murphy joins 15 other Alaska clerks who presently hold the designation of Certified Municipal Clerk (CMC). She is a member and FirstVtce Presi- dent of the Alaska Association of Municipal Clerks (AAMC), and is also Vice President of the Alaska Women in Government. Con- gratulations to Linda Murphy of Sewardl Erraturn The City and Borough of Juneau has not lost population according to the new method of determining population using Permanent Fund Dividend applications. The day after the September 19(1h "Special Bulletin" the Department of Community and Regional Affairs indicated that the numbers used for the preliminary estimates for Juneau were incorrect, and that, in fact, the application figures show an Increase in Juneau's population. Page 3 AML Newsletter �I L Lr J 1 i+ Municipal Audit (ConNnrred ham prae 2) Alaska Municipal League knowledgeable about auditing. The Com- 36th ANNUAL LOCAL GOVERNMENT CONFERENCE i= mines can operate as a subcommittee of „ the ggoverning board. MFOA lists the following tasks as November 1Z-14, 1866 Juneau, Alaska appropriate for a local govemmenfs audit TENTATIVE AGENDA committee: r screen and select an independent Pre -Conference Actl0ek auditoron the basisof specfftccr feria, (n- rience, a roachtdOfllcludingqualificattans,expe PP Monday, November 10 Municipal Association 70f=mUe" gsp�• Alaska Association Clerks (AAMC)and local needs; r determine the scope of the audit and Alaska Municipal fcars WNFOA)` Alaska Municipal Management Association (AMMA)• �± specify which grants should be reviewed; r reviewtheauditplanandidentNvareas ,� November tt Municipal Association Meetings (continued) Alaska Municipal Attorneys Association WdM)• of audit concern and potential problems, Alaska Chapter - American Planning Association• ' r review the auditli progress; Alaska Assessing Officers Association (MOM* r revelwthe results, includingthefinan- clal statements and the accountante report; Alaska Port Directors• Alaska Association of municipal Clerks 01,MC1 Finance cars (AM"cial r presenttotheentirecouncilthef(nan• statements and the report on Internal Alaska Municipal Alaska Municipal Management Association (AMMM control. Newly Elected Officials Seminar* AML Conference Registration - Centennial Hall b The first function of an audit committee AML Board of Directors should be to determine what are the munlci all s audit needs and how they P K teednesday, November U AML Conference Registration - Centennial Hall AML Board of Directors Meeting + can be met. This audit scope, what the Newly Elected Officials Seminar (continued) auditor is expectedto do should be defln- ed together with the auditor. For instance, Alaska Conference of Mayors (ACoM) AAOA Assessing Workshop - Board of Equalization the municipality's needs may include a i financial and compliance audit for revenue Roundtable Municipal Association Meetings(continued) Alaska Munidpal Finance Officers (AMFOM sharing requirements or other grant pro- r; grams.Thecommitteemayalsohavetocon- Alaska Municipal Management Association (AM Alaska Chapter - American Planning Association eider the need for accounting and financial advice,theadequaa��yyofcontfolsand securf• Exhibits - Centennial Hall AML Resolutions Committee k ty for the municipalitys comppuuter system or service bureau, esviellasotherareasthe Conference Agenda - :! i auditor may emphasize or review The use of an audit committee is an on- go ingresponsibility, thecommittedswork ttAednesday, November >Z 11:3o a m. - + Luncheon and Opening General Session Address: Bill Sheffield, Governor of Alaska s notcompleted once the audit scope has "note •Transportation been defined and the auditor selected. The Afternoon Fblicy Sections: • Education •land Use committee must stay Involved to oversee Evening welcoming Reception - City and Borough of Juneau epreparationofthe eport,reviewdrafta maintain Maisons, and Thursday,November0ortoissuance, MorningExhibits 9 Finic totsFttpon anyrecommendations made i c+aiicy sections: Ptab ance eltesources the auditors. Auditor SeleWon tt:30 a.m. luncheon and General Session Edge learning Institute Keynote Address: Dick Anderson, j The audit relationship begins with the selection of theeuditorandi88contlnuing Afternoon PalicySections: • Economic Development •Elections *Local Government )boars relationship throughout the year. The auditor should be engaged by and report to the governing bodyof the municipality. Evening special Aece Eve laska Women In Cove mment Meeting The auditor is an independent represen- tative of the taxpayer and is expected to financial ��, November 15 Morning Concurrent Workshops report to the public on the con- Economic Development - Theory and Practice dud of management throught the govem- ti Ingg board. This relationship can W main- tefn990 edthroughanauditcommitteeorganiz Strategic budgeting Computer Applications for Small Clues Census - How to use It and Preparation ed as a subcommittee of the governing en Insurance and Risk Management Audits - - board. All reports and recommendations i must be presented tothe governing board 3 Conveyances - - ` for their ultimate consideration. -- When selectinganauditogoneimportant Noon Exhibits Working Lunch and AML Business Meeting fad should be kept in mind —all audits are Afternoon AML Legislative Committee (if time permits) i not necessarily the some. Thequality of the Evening Presidents Reception audit can vary considerably from one firm AML Annual Banquet to another dependi ng on the methodology ;1 andphilosophyofeachfirm. This Istrueof is tofind gabuday,Noverrtberl8 Morning AML �� Meeting tiing all professional services.Thetrick the one best suited to the municipality and miuee Of necessary) *Separate registration and fee. Contact association representative or AML. �I its needs. (Continued on page 6) . .y i . age 4 October IM i _j _11 �.r Offshore Fisheries Mitigation The Offshore Fisheries Business Tax (:nenueSharing Program Ise pilot project funded bythe AlaskaState legislature pur- suant to special legislative intent in chapter 98, SLA 1985 at page 22, line 25 and admin- istered by the Department of Community and Regional Affairs. The purpose of the project is to develop an equitable means of distributing funds to municipalities to mitigate impactsfrom theoffshore process- Ing Industry. Municipalities currently receive a share of state revenues generated by fish pro- censors operating within municipal boun- daries. However, there is no direct sharing of revenues from offshore floating pro- cessors outside of municipal boundaries evert though such processors may still have impactsof atranslent but substantial nature on the municipality. This project grew out of a desi reto devise a program to eq u stably share a portion of those currently unshared fish tax revenues with communities Im- pacted by offshore processors. The project has been developed over the past year by the Department of Com mu n N ty and Regional Affairs with Input from municipalldesthrough questionnairesand workshops, from legislators and from other Interested stributed has recently been determined the Department of Revenue to be sb IAM Proposed regulations are in draft form and will soon be subjected to formal public hearingbefore promulgation. Com- ments and crWdsms aresought at this ti me to be Incorporated in the formal final draft of this proposed regulations. The general approach taken Is that of a formula type of distribution to impacted municipalities,withallocation$ based upon the location of the municipality within a commercial fishedesmanagement areaand the population increase of the municipali- ty during fishing season. Once regulations have been adopted, applicadonswill be sentout and processed and grants wlll beawardeti. J)ased uponthe results of this pilot project, a report will be submitted to the leeggislature, with the possi- bilityof legisiadon being recommended for introduction. Questions and comments on this project should be directed to Jim Plasman at the Department of Community and Regional Affairs, P.O Box BH, Juneau, Alaska 99811, 46SA7W. How Would You Like To Have Your Very Own Ombudsman? Did you know that the law creating Alaska's Office of the Ombudsman (AS 24SS320) allows municipalities to contract for ombudsman services? By adopting an ordinance and agreeingto paythe pro-rata share of expenses, Alaskan municipalities can choose to follow the City and Borough of Juneau's example and come under the jurisdiction of the state ombudsman. The City and Borough of Juneau signed Its In- itial contractwith the ombudsman's office In December198Sandtheassemblyrecent- ly extended the new contract for the fiscal year ending June 30,1987. The Ombudsman acts as an impartial third party to investigate citizen's com- plaints and can submit recommendations to improve government, but has noauthori- ty to order changes. Most of the complaints are resolved informally, as the office helps citizens cope with and understand their govern meat. Those complaints that warrant more consideration are fully investigated. Examples of full investigations completed In Juneau in 1986 include: The airport manager received free moving services from a local air carrier, contrary to citylborough conflict of interest ordinance (the airport manager paid the tattler for the airfreight services as a msuh of the ombuds- mares Investigation); harbor officials incon- sistently enforced liveaboard fees; and the fire department's employment testing pro- cedures violated dtyiborough personnel rules. Mayor Ernie Polley recently said he thought the ombudsman's office has pro- vided a "gratifying and reassuring" third party assessment of the municipalWs per- formance and has offered to answer ques- tions about the contract with the ombuds- man If any other municipalities are inter- ested in Juneau's experience. You may also contactRobert C. Walton,ActingOmbuds- man, 3201 C Street, Suite 403, Anchorage, AK 99503 for more information. His local telephone number is S633393, and the toll free number Is 800.478.2624. Also, a repre- sentative of the Office of the ombudsman will attend this year's Alaska Municipal League convention in November. Stork Arrives At AML AML Programs Manager Tim Smith and hiswife Connie are proud, first- time parents. On Friday, September 19, 1986, at 1:50 p.m., Christopher Roland Smith, a 9lb. 4 oz. baby bay, was bom.Tim has beenwiththeAML since May1961 Congratulations, Tim and Corset Aladmas n3prete99tedAI - %boroughatthebudness meeNngeftheNationdAssodatloff 41Coentles (NACo)AMud ConImnce1eC1ukCounty Ws numDon 1ong*hvsw, Nasky boasted support for the extension of gametal revenue shadng by our delegation in the House. Ann IdIngea superNsor of Merced County, C11116r nle, was eleded NACo 4thvice FwddeM. Pic- turodare premlefitodOUCatlsfalletlyGBek ofthe llend holnub lorougl4 AML Mteddent Dan Keck of Shin, and Paul -' Menu of the Fa OMIas North Star lowugh. L 7 Municipal Audit (Continued from page 5) The first step in the selection process is to develop appropHate selection criteria. The criteria should assist the committee in determining those auditors that have a basic understandin of municipal opera- tions in general andgof the municipality in particular. This understanding of the gg* ernmental environment is crucial for the proper conduct of a municil audit. The following factors should be includ- ed as criteria in selecting an auditor. Underdanding of the Problem. The auditor should be able to demonstrate understanding of the municipality's re- quirements and plan for meeting them. Experience. The prior experience and reputation of the auditor In auditing municipalities. The auditor should provide references that should be checked of its municipal exppeerience. Staff QuaNficatlons. The skill and ex perience of the specific persons who will be performing the audit services Price. Cost is also an important criteria but must be evaluated in relation to the services provided and the quality of that service. Methodoy, The auditor's approach to the audit should be logical and consistent with the required tasks and the desired results. This criteria should also include the anticipated timeliness of the audit and the reports. Cost is generally a function of the effort devoted by the auditor. Such factors as the number of funds or entities to be audited, the extent of computerization, the ade- %acy of the internal controls and accoun- ting system and the timing of the audit will ail affect the cost of the engagement. In evaluating cost, you must attempt to evaluate the quality of service being provided. Price should never be the only criterion in the auditor selection process. The selec- tion process must also assure audit quali- ty even though audit quail ty can often be difficult to measure. Price should be con- sidered only in relation to other criteria, with significant weight assigned to the ex- perience and technical approach of the auditor. Remember that in audit services, you tend to gget what yyoou ppaayy for. With the criteria and their"relativer Impor- tance established, the committee should consider drafting a request for proposals to be sent to prospective auditors. The use of a request for proposals is a formal but comprehensive approach to the auditor selection process. for Proposals ere are a number of ways for munici- palities to select an auditor using establish- ed criteria but the use of Request for Pro. posals (RFP) Is probably the most efficient. An RFP ensures that all Interested auditors understand exactly what Is expected of them, and are presenting their qualifica- tions in a comparable format to ensure proper evaluation of the proposals. The first general area of concern to be addressed in an RFP is that of providing general information on the municipality and its financial systems. The RFP should Identify the muncipality's funds and ac- count groups, summarize its accounting and reporting practices and should describe any special problem areas such as prior audit exceptions. By providing copies of budgets, previous audit reports, etc. the municipality can avoid unneces- sarily extensive descriptions of its financial operations in the RFP. if a computer system is used in the municipality, this selection should include a description of both the hardware and the software. The next major area to be covered in an RFP is that of the audit scope. Potential responders need to know what will be ex petted from them if they are awarded the audit. The scope of the audit to be per- formed must be clearly defined. At mini- mum, the RFP should provide answers to the following questions: r What financial records will be audited? ✓ What year or years will be audited? ✓ What type of audit will be performed? ✓ What is the schedule for completing the audit? ✓ When are the reports due and how many copies will be required? ✓ Will there be any areas of special at- tention such as data processing or cash management? r What extent will the auditor be re- quired to prepare or assist in the drafting or reproducing of the financial statements? The third major area of concern in the RFP Is that of the general qualifications to be sought in an auditor. Proposers should be asked to set forth their qualifications to conduct the audit so they may be used as selection criteria in the evaluation pro- cess. Information that will be of general value to the municipality Include: ✓ Size of the firm. ✓ Biographies of key personnel. r Relevant experience in conducting municipal audits. r Professional background of the staff that will be assigned to the audit. ✓ Descriptions of the audit approach and the audit procedures to be used. r Names, addresses and telephone numbers of persons who may be con- tacted for reference. In addition to the three major topics covered, the RFP should also address the evaluation criteria and the rules of submis. sion of the proposals. The audit firms have a right to know what criteria will be used to evaluatetheir proposals. The municipali- ty should also reserve the right to conduct oral interviews to help in the selection pro- cess as well as their rlght to accept or reject any or all proposals if It feels It is in the best Interest of the municipality to do so. The municipality may also want to ex- plain the extent of the assistance that it will provide the auditor. This assistance can have a significant effect on both the timing and the cost of the audit. Auditor Rebtlons A good professional relationship should be the goal of any municipality in its deal- ings with its Independent auditors. Effec- tive communications between the munleo�l pal officials and the auditors is the key %, a successful audit relationship. Such a rela- tionship requires that each party under- stand eaeh other and the purpose of the relationship The municipality should expect the audit firm to provide their services in a profes- sional manner. The staff should be experi- enced and knowledgeable in auditing techniques and municipal financial opera- tions. The auditor must be completely In- dependent of the municipality in both fact and appearance. This independence is essential in order for the auditor to issue an opinion on the financial statements and to provide guldance on difficult financial problems. The auditor also has the right to expect cooperation in the conduct of the audit and to receive assistance whenever feasible. As part of the on -going communication process, municipal officials (or audit com- mittee) should meet with the auditors on a regular basis to monitor the entire audit process. Areas of discussion include: r Audit scope to ensure all areas of con- cerns are addressed. r Review of the progress of the audit and the audit deadlines. r Any accounting or auditing problems and their solutions as they arise. ✓ Review of draft financial statemen r Review of the auditor's recommenr� tions and the municipality's responses. The municipality should request a for- mal exit conference before the final release of the audit report Is made. Municipal of- ficials and audit supervisors can then discuss the entire audit process and the reports that the auditor will be releasing as well as any problems encountered by either party. Exit conferences help main- tain effective communication, provide a check against misunderstandings and avoid surprises that may be contained in the reports. Management Fetters The auditor's report of comments and recommendations is a letter containing their observations about any weaknesses found in the municipality's Internal controls —that is, in its methods of safe- guarding assets, ensuring accounting ac- curacy and promoting adherence to municipal policies and legal requirements. This is the type of information that the auditors will obtain during the course of their audit. The letter should also contain the auditor's recommendations for correc- ting problems or weaknesses that were located during the audit process. The report can do much to help a municipali- ty reduce expenditures and improve revenues. Municipalities should specify their RFP's the scope and content of tK "management letters" to help achieve the - Maximum results from their audit. (Continued on page 7) October "N ftse• L W L. l" 1 i i� Municipal Audit r Were prior years' recommendations addressed? If not, why? Summary Independent audits provide many benefits (Continued from page 6) The management letter should address The quality of the management letter There's much to be gained from a municipal association with professional independent ( : mun(cipalfty's systems, operations and procedures. The following questions will will directly reflect the audhoes skill, ex parlance, and knowledge of municipal Coopers auditors it is receive these benefits, the responsibility of the municipal officers to en- ' Illustrate typical issues and areas of financial management. and Lybrand, in its publication, The Municipal sure that this valuable management tool Is ro the maximum advents a of the concern: ✓ Is information reported on a timely Audit --Choke and Opportunity, insists that the auditor selection process is the used municipality.g basis and used for control purposes? r Are statutes, ordinances, policies and Po key to a good report. "Elected officials, by kills, ene and time to devoting theirs rgy The key to a successful audit is the auditor selection process Careful planning and the of a sound RFP will allow the municipali- bond requirements being complied with? ✓ Is there roper segregation of duties the task of judicious auditor selection, i help ensure that their muntcipalitywill get use rodent auditors who i to select the Independent can best meet its needs and provide quality consistent with staff limitations? the full benefit of a comprehensive re rt are audit services at a reasonable cost, ✓ Are utilities and other enterprise i funds self-sufficient and profitable? whose recommendations practicable" The community should insist that a An audit can and should do more than simply satisfy a legal requirement. An audit } r Can the municipality do anything to Improve its credit rating? management letter be prepared by the auditor. The report is the primary means is an excellent management tool. It should ✓ Does the letter Identify areas of im- provements in operations as well as in in- by which the auditor can help a local manage* ove Its fieefficial be used to serve the financial information needIf it does not meet of the ternai controls? meet e d Inmentcrreease Its operating iery these needs, management should k why. 1986 AML ANNUAL CONFERENCE HOTEL INFORMATION The following Juneau hotels have cooperated with the AML by blocking rooms and offering conference rates. Please show your appreciation by making your reservation early with one of these hotels. With the elections In October, it may be difficult to give the hotel names but, to Insure that you have the accommodations of your choice, make reservations in the name of a current municipal official. If that individual does not run for re-election, or is defeated, the name can be changed at that time or the reservation cancelled. Reservation cards are not being used this year, so please call in or write to one of the following hotels for your room reservation: Sheffield Juneau Bwanof Hotel Alaskan Hotel Central Reservations Central Reservations 167 South Franklin Street heffield Hotels Sheffield Hotels Juneau, Alaska 99801 All "H" Street, Suite A 880 "H" Street, Suite A $360private bath plus tax Anchorage, Alaska 99501 Anchorage, Alaska 99501 $25A0/shared bath plus tax 14MO 478.1111 14 00.478-1111 $5.10additional person Single: $49,00 plus tax Single: $49.00 plus tax Driftwood Lodge Double: Same as single Double: Same as single 435 Willoughby Avenue Breakwater Hotel 1711 Glacier Avenue Juneau, Alaska 99M I-MS44-2250 Single: $2995 plus tax Double: $29.95 plus tax Name Prospector Hotel 340 Whittier Street Juneau, Alaska 99801 1-96-379 Single: $%M plus tax Double: Same as single Juneau, Alaska 99i301 14NW544-2239 Single: $3.W plus tax Double: $40.00 plus'tax Kitchen: $45A0 plus tax 1 Bdrm AptJKttchen: $S0A0 2 Bdrm Apt./Kkchen: $6500 (f79:00 with 6 oeoale) AML CONFERENCE ADVANCE REGISTRATION FORM Municipality/Organization Title Address Telephone city State Zip Advance peon On -Site Registmlign (postmarked by October 30) (after October 30) Member. $130.00 $155.00 Non-member: $160.00 $170.00 Wse: $90.00 $100.00 ouuse's name (if attending) NO REFUNDS will be made on registrations cancelled after November 7. please mall re&uadon form and feels) to: Alaska Municipal League,105 Municipal Way, Suite 301, Junew, Alaska t18001. AML NetwleNer par 7 L LX 01 ' • L Ai d I `I 4f U yy l j; j s 7 •y t ' rf ,. fit: �.! i; PROFESSIONAL DIRECTORY affiliated All the Lea9eue Please take times toirectory have demonstrated took through the directoryheir and show yourport for 'ssuupp government our by iMembers. Adak Region School District past Oitke Box 34 NA4Adak, Alaska FPO Seattle, Washington 9M Alaska Airlines, Inc. Seauc International Airport P.Q Bar 68900 Seattle, Washington 980 Alaska Municipal Bond Bank GM W. Fifth Ave., Suite 430 Anchorage, Alaska 99401 Aleutlon Region School District 640 Vlbst 36th, Suite 304 Anchorage, Alaska 9956 Annette Islands School District P.Q Bea 7 Med&katla, Alaska 9M Appraisal Company of Alaska 3900 Arctic Blvd., Suite 304 Anchorage Alaska 99503 ARCO Alaska, incorporated P.OQ sox 100360 Anchorage, Alaska 99SIUM Arthur Young and Company 1031 W. 4th Ave., Suite 600 Anchorage, Alaska 99501' Bank of Amedca-Public Finance so California Street, 9M Floor San Francisco, CA 940 Boettcher & Company, Inc. 450 West 7111 Ave., Suite 198D Anchorag% Alaska 995063594 CH2M Hill 2450 Denall Anchorage, Alaska 99501 Chatham School District PQ am 109 Artgoon, Alaska 99620 Chevron USA P.Q Boot III= Anchorage, Alaska 91S111 Gimty Chitwood & Ca MIS Tenth Avenue, NMI. Seattle, Washington gam chugach School District gBeeggich Rtwera, Room 189f104 P.d Box 635 Whittler, Alaska 99M Coffman EnnoneeM Ina 550 Wiest 7111, SURD 700 Ant houge, Alaska 99501 Coope anti Pi one SWk, Suite 30R loom, Alaska 99601 C.0pp itiver school District Pt7t 1011a6 Gientrallen, Atoka 99586 Corson & Black, incorporated AAllverap Atoka 99510 Daln Bosworth, Incorporated 999 Third Avenue, Suite 1400 Seattle, Wdshingron 95104 Dehana Community Corporation P.Q Box as Delta Junction, Alaska 9VV Dept. of Commerce & Economic Development-Dh. of Enterprise P.Q Boa EE Juneau, Alaska 9= Department of Community & Regional Affairs P.Q Box BH Juneau, Alaska 9W Dupere and Associates S10 Sixth Avenue Juneau, Alaska 92M Ernst and Whiney 3M W. Northern Lights Blvd. Suite 6M Anchorage, Alaska 99503 First Southwest Company 1SW Commerce St., Suite 800 Dallas, Texas 752M Foster and Marshall ON. of Shearson LehmaWAmAxpr. 123 Seward Street Juneau, Alaska 99M Frank B. Hall & Company S7o t Street, Suite 200 Anchorage, Alaska 99SM Hogan, Mecham, Richard & Co. 1734 Tongass Avenue Ketchlken,Alaska 99901 Hughes, Thonmess, Ganz, P well & Brundin 509 West Third Avenue Anchorage, Alaska 99501 ldttarod Area School District ack am 90 McGrath, Alaska 99WJohn par►y 240 Main Street, Suand uitem601 Juneau, Alaska 99M KMG Main Hurdman 10111 Noble Street Fairbanks, Alaska 99701 Kramer, Chin & Mayo 124 W. fifth Street Juneau, Alaska 9980t Kwpuk School District P.Q Box 108 Anlak, Alaska 90574M Laver Kuskokvrim School District P.Q Box 305 Bethel, Alaska 99559 Lower Yukon School District P.Q Box 200 Mountain Village, Alaska 99M Timothy G. Middleton 717 M Street Anchorage, Alaska 99501.3307 N C Machinery Co. P.Q Box 2t30 Juneau, Alaska 99803 Office of Management & Budget Div of Govemment Coordination P.Q Boa AW Juneau, Alaska 99811 Ott Water Engineer, Ines 4446 Business Park Blvd., Bldg. A Anchorage, Alaska 99503 Peat, Marwick, Mitchell and Co. 601 W. Fifth Avenue, Suite 700 Anchorage, Alaska 99501 Preston, Thorgrimson, Oils & Haman 2oW IBM Building Seattle, Washington 961M Pribilof School District St. Paul Island St. Paul, Alaska 99660 PrudentWbBache, Securities Inc. m Third Avenue, Suite 27S0 Seattle, Washington 96101 Rainier National Bank P.O. Bar 3%6 Seattle, Washington 98124 Rasmusen library University of Alaska Fairbanks Fairbanks, Alaska 99774.1010 Robertson, Monagle, & Eastaugh P.Q so = Juneau, Alaska 998M Rollins, Burdick, and Hunter 840 K Street Anchorage, Alaska 995M Rural Community Action Program P.O. Bros 33906 Ate, Alaska 99SM SEACAP 130 Seward Street, Suite 311 Juneau, Alaska 990M Seattle-NottlANO" Securities Corrpp SeaBtat First Avenue PIM suite 3me Seattle, Washington 9tr04 Setpolnt Alaska, Inc, 3601 •C" Street, Suite 200 Anchorage, Alaska 99504 South Y" "01111 School District Ra Boa 1% Dillingham, Alaska 9M Standard Alaska Production Co. Rck ON 196W Anchorage, Alaska 995194612 TlppettsAbbeVMcCanhgSlraKon 4701 Business Park Blvd., Suite 1 Anchorage, Alaska 99503 Tlingit Halda Central Council 32o Nicest Willoughby, Suite 300 Juneau, Alaska 99M URS goglneers 62S wm Eighth Avenue Anchorage, Alaska 99501 VWhiforth and Flint so W. Fifth Avenue, Suite 600 Anchorage, Alaska WSM Yu it School District P.Q Box 1W Aklachak, Alaska 99551 Alaska Assn. of Assessing Officers Gary tewis, President P.O. Bert 0 Palmer, Alaska 99645 Alaska Assn. of Municipal Clerks Georglanna Booth, President 334 Fourth Street Ketchilmn, Alaska 99901 Alaska Assn. Chiefs of Fblice Pat Shely, President P.Q Oka 307 Valdez, Alaska 9M Alas'u► Conference of Mayon Tom ner, President 2t0 Fl, ide o Kenaska 99-M Alaska Fire Chiefs Association Dewey Whetsell, President Cordova, Alaska 99574 Alaska Municipal Attorneys As". tuAnn Salley, President One Sealaska Plata, Salta 3M Juneau, Alaska 90M Alaska Municipal Mmagtment Assm Dave Soulak, Presider 231 Wiest Evergreen Avenue Palmer Alaska 99M Alaska Puke & Recreation Assn. Kayo McagGoillwry, President Ke Kenai, Aluke 996" Alaska c apte/Am, pluming Assn. Tom Peterson, PM$MIM 165 South Seward Sueat Juneau, Alaska 990M Alaska Transit Operators Assn. John Kern 15S Stwth Seward Street Juneau, Alaska 99e01 Alaska Women In Government Marcella Dalke, CMG President P.Q Boot 13W KodWk, Masks 99615 Municipal Finance Officers Assn. Monte Hotchkiss, President P.OQ Box e Palmer, Alaska WA October IM liaise s I t 1 L V ,J: N F-0 - 7 ONO To. William J. Brighton, City Manager FROM: Charles A. Brown, Finance Director eon n DXTZt October 2, 1986 SUBJECT: Tyler Land Sales, Lots I -A, 3, and C. Spur #2 ti Last night, the City Council took action on the request by Mr. Schilling (who according to our records is not the owner) to reallocate the debt to the City on these lots. The Council accepted his proposal with no modification and no debate, despite objections by the City Attorney and myself. The Council also took favorable action on Mr. Schilling's request for a similar reallocation of debt an Lot 1, Block 1, Etolin. f. For the record, I want to state my objections to both of these actions. For the sake of brevity, let me discuss the Spur #2 situation. In December, 1984, we sold Lots I -A, I-B, and 1-C of Spur Subdivision Ill to Victor Tyler. These lots were with three separate notes. Below is a recap of the sales prices, original note amounts, current note amounts, and current assessed values. Sales Original Current Assessed Price Mote Mote Value 1-A =09,528 93,098 87,886 =76,300 1-B 125.681 106,829 100,848 138,900 I-C 78,125 73,751 113 000 91,911 275,052 262,455 428,200 Total 327,120 4 The Council has agreed to reallocate all of the debt on lot I-C to lots I -A and , 0 1-B (approximately $50,000 and $23,751, respectively). So, the new debt on lot I -A will be $137,886, and the new debt on lot I-B will be $124,599. The Kenai municipal Code (22.05.045 (a)(3) says that the down payment on credit land sales must be at least 15% of the sales price. Put another way, the note I cannot exceed 85% of the sales price. find no other provision in the code authorizing the City to loan money; this must be the regulating authority. If, at the time of the sale, the note couldn't exceed 85% of the sales price, why is it okay now? The original notes on lots I -A and I-B were exactly 85% of the sales price. Now, the notes are 126% and 99%, respectively. if this isn't in violation of the Code (which I think it is), it's certainly not the intent as I recall it. We have just made equity loans on these two lots. We have a situation now where lot I-C will be deeded free and clear for a total amount of principal (,on all three notes) paid to the City in the amount of $64,635. it's not a bad deal (to the buyer) when he can get a lot worth $91,911 for $64,635. If he defaults on Lots 1-A and 1-B, we take these two lots back and he gets lot 1-C at a 30% discount. 0-1 0 • ri i Y 1; i :s —`F _... 1 To the best of my recollection, we have always required other purchasers to pay something extra (via partial releases) to get a lot free and clear. I just don't understand why Council sees this situation so differently from Lowry's, Asse's or Dave Brown's. I know I said I would only discuss the Spur Subdivision sales, but I can't resist talking about the other one also. I'll be brief. In the Stolin matter, we sold one lot for $167,500. The buyer resubdivided in three lots of about equal size. So each lot's sales value is about $55,800. The Council authorized reallocation of all the debt to Lots 1-B and 1-C. Lot 1-A is now free and clear. The total principal paid is about $29,000. The buyer got a lot worth $55,800 for $29,000. Again, a good deal. The City's recourse in case of default apparently is primarily to take back Lots 1-B and 1-C. In my opinion, the Council is having difficulty separating their roles as promoters of the City and as prudent lenders of money. I know they want to see commercial development of the City, but they shouldn't lose eight of their fiduciary responsibilities. A substantial lose may be waiting to happen. I would hope you would share this with the Council. cc: Tim Rogers, City Attorney L L 7 �t. x'NF10 _8' PA Y ESTIMATE N*0 . ad r CITY OF KENAI �. s. Qom•:. -3 .. Project-: COOK INLET VIEW DRIVE AND LILAC ROAD Contractor DOYLE CONSTRUCTION COMPANY Address ROUTE 1, BOX 1225 KENAI, AK 99611 Phone (907) 776-8552 • . . .W.. i. .. Project No. Period From 8 86 to 10 8 86 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE Original contract amount . $431,696.30 .� OZ Net change by change orders 26,956.00 O3 Adjusted contract amount to date 458,652.30 ANALYSIS OF WORK CO}iPLETED ® Original contract work completed 404,465.10 A' OS Additions from change orders completed 25,%0,00 ✓ OG Materials stored at close of period O7 Total earned 40+0+®= ® Less retainage of 1c? percent 43_o00.51 QTotai earned less retainago( -per 30MA_59 3- 0 Less amount of previous payments 32�1.0�02.37 �--� Ol Balance due this payment / 6,002.22 '4' l Joe L Q 7 (7) a 7 0 MikP4 "As A08OB9 CONSULTING 071 RBRA 4 e . October 81 1986 I v -4 Jack LBShot�l �►� City Engineer ��r"r,: �� ..,».......e.�..-:... City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 ;•s Subject: Cook inlet View Drive and Lilac Improvement Project. Periodic Estimate 3 Report Jack: The following is a brief review of project data, progress summary and problems to date for the subject project: Project Data Notice to Proceed: July 16, 1986 Oompletion Time: 120 consecutive calendar days Estimate cutoff date: August 24, 1986 Days Used: 83 days Days Remaining 37 days Estimated 8 Caoplete 94% Number of Change Orders: Change Order 1 has been approved by the Council and Change Order 2-is in proccess. Construction 8laaostzy The only remaining work to be accomplished on the project is listed in the punch list. Problems To Date DMPF construction permit was not applied for prior to construction MC permit was not applied for prior to construction. ADEC plan review may add some requirements that have not been anticipated and oould result in extra costs. Abandoned sanitary sewer manholes located on Cook Inlet View Drive were not shown in the correct location on the Drawings. Three manholes actually lie along the right curb line and will conflict with the curb and gutter. The tops of these manholes were removed, the sewer pipe grouted closed and then filled with type III and compacted. At The d storm drain on Lilac Lane at about station 31400 The an existing water line. A final decision was made to lower the storm drain to pass under the water line and continue placing the storm drain pipe. A short delay was incurred by the Contractor while this decision was made. The storm drain outfall was changed by the City due to easement problems. This d=ge has added 1 manhole and has changed the storm drain pipe lengths. .4 Additional insulation required over that shown on the Drawings. No unit price for pipe insulation was in the contract. A new unit price has been established by 00 1. Existing water line shown on drawings was incorrect size. Existing water services were not shown on Drawings. The project Inspector has determined which lots are served with City sewer and water and which lots require sewer or water services. The quantities for these items have been clarified in OD 1. The proposed 3/40 water services to 6 plex units have been properly sized to 1-1/2". This change was included in 00 1. Existing sanitary sewer services on Lilac were in conflict with the storm drain. Conflict with gas services running across driveway excavations and through areas of buried debris. Excavation an Lilac Lane revealed that stumps and logo were buried in the roadway and under driveways. The debris was removed when encountered in the excavations and replaced with type III. An existing water main at approximately station 31+00 Lilac Lane ruptured under the street late one evening. The contractor had to mobilize men and equipment from Soldotna in order to make the necessary repair. Water service in this area was interupted for about four hours. The location of the Illiamna Road right-of-way was shown in the wrong location an the drawings. This error was identified after the road was approximately 90% constructed. The end result is that 661f of curb and gutter had to be removed and replaced with 851f of valley gutter that intersects the road perpendicularly along the left aide of Cook Inlet View Drive. The location of the strip paving for Illiamna. Road has been moved so that it is directly across the intersection from Lilac Lane, however this involved more unuseable excavation and back fill of type III material. -I 0 ..._.__ F . f •S �qG " C: } The summary of approaches for the project was incomplete and inaccurate. Extra width was added to some approaches in order to match what was existing berfore the project began► and approaches that were existing and not shown on the summary were added to the project. The contractor is claiming extra work, and we are currently negotiating with them to avoid a claim situation. The end result of these negotiations will probably appear on Change Order #2 which is being prepared now. In ,general, the project has been hampered by numerous underground conflicts and plan changes. sjfAncerel , David J n 4a L L C , F 9(enai eommunify .Ulna%y A PUBLIC LIBRARY IN SERVICE SINCE 1049 163 MAIN STREET LOOP KENAI, ALASKA 99811 a- A/ r-00 - 9 REPORT FOR THE MONTH OF SEPTENm 1986 Circulation Adult Juvenile Easy Books Fiction 1479 363 1134 Non-fiction 1413 162 260 Total Book Circulation Films, Phonodiscs, Pamphlets, Periodicals Total Circulation Additions Adult Juvenile Easy Books Gifts 74 3 63 Purchases 125 9 Total Additions Remedial and Re -worked Books Adult Juvenile Easy Books AV 83 17 33 3 Interlibrary Loans Ordered Received Returned Books 100 71 76 AV 115 101 46 Interlibrary Loans by our Library Books Films AV 150 55 24 Volunteers Number 30 Total Hours 520 Income Fines and Sale Books 450.60 Lost or Damaged Books 240.50 Xerox 173.50 0 Total Income for September 1986.. $864.60 L L 4811 394 5205 82 197 729 136 . i ik } 1 q 1 i 9(cnat eommunit y Pdna:y A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP j KENAI, ALASKA 99011 I Library Cards Issued September* 1966 Kenai 152 Anchorage 1 Clam Gulch 1 Homer 2 Kasilof 4 Aikiski 21 Soldotna 36 Sterling 1 218 C Library Patronage... 6,100 Persons _T a CITY OF KEHAI „ad 210 PIDALOO IMAI, MMU OMI I ULEPHONE 2o3 • TM 1 MEMORANDUM TOs Keith Kornelia, Public Works Director_- i FROM: Jack LaShot, City Engineer DATE: October 9, 1986 j w SUBJECT: ENGINEERING PROPOSALS - FLOAT PLANE FACILITY On October 7, 1986, the following engineering firms submitted y proposals for design of the proposed Float Plane Facility: Firm Basic Project Drainage Plan Water do Sewer Wm J. Nelson $47,400 $4,300 $10,500 Mike Tauriainen, P.E. 46,600 139450 12,400 7,200 159000 Wince-Corthell-Bryson 84,000 McLane 6 Associates 126,900 9,630 260860 The basic project includes the float plane runway, taxiway, fencing i relocation, limited access taxiway, vehicle access to 4th and let Streets, remove berm piles and public access ramp. The other two drainage for areas outside established costs are to prepare a plan FBO's and to engineer water and sewer to the potential lease lots. As I understand it, the Council desires to engineer water and sewer lines to the lease lots, but not construct them until later. I It would recommend that we not spend money for design at this time. to be feasible to have on -site water and sewer to these may turn out Iota. In any event, the design could take place later when more information is available concerning the needs of future FBO's. I would recommend, however, that we include the drainage work with the basic project. Aerial photography to be performed with the basic project can readily be utilized for the drainage engineering is with the construction pro ec , and if the actual work performed excess spoil material can be used to fill low areas and smooth for future landscaping if desired. between taxiways and other areas Other drainage work may include ditching and culvert placement/ replacement. L E a; a Kornelis October 90 1986 Page 2 As can be seen by the engineering proposals, there seems to be quite " a spread in dollar figures. In talking with each firm, the differences simply lie in the effort each intends to expend in completing the project. Bill Nelson has submitted the lowest cost if more then the basic project is awarded. If only the basic project is awarded, Mike Tauriainen would have the lowest cost. Wince-Corthell-Bryson has successfully designed and managed construction of a float plane basin in Nenana, however, their costs are considerably higher. This may indicate the design effort expected for this project by them. Bill Nelson does seem to understand the extent of the project and has recently completed design projects for the City under budget. The resolution will read to award the project to Wm. J. Nelson to include the basic project and the drainage work for a total of $51,700. JL/ sw M � b RI L t 41 N IA (A W O W W w w a O w GO d " OaaOO wGa�t+�u P44 a� aaowao 41 v O .-1 o,oamy u O o aG'NZ.4N+ + a a Vaa%uN b t p14 A j V4 w '0 P H �+ a E"+ a am0 96 o Eymdayrg.a� py %p) aw uw a G ►a E' c°�o oya v � U O � aai q d aai WE3 ii a"i+ u u +"�+ �il a as w a a w 0 W w �+ w Ch00Ooo M00000 o�vi0000 a%NOOOO a% V1 Oh V1 00 O% 00 a 0 .ai60 a� A asaQ++a b O "� o op, b ►+ M, COW co '- � � •o �o �o .o �c W� Q �n�o1a►..,.a L % V-,,o ` % \ 9 ' C i C s 4 t I i Q i Jf z Z x O} S0 N O tz 0 - G g a d� ua O u L O O 10 v 3 0 o c � s w r 1 o ,• ' . C do 8 lu 9 0 re 4 O •o GCL 0 G 0 0 {A { G } d �s o. ° u° z W C Ea—� u E � .R Z ---.1 ------ 15410 off:❑ 4o Rannon bilial1V 0--" IG'Al All • 'r• M nod ci 2 oe o r�� G ox°iyRd a ! al �y�EcyPI ��C • a p ig _w O 'e ° H 'a pip NAY r .Iu a n E E�° 7 01 a X;jN14 -1a I Fro y a17 � 1� .. N z MO }�j 4�. F v . A a Wm. I Nelson CONSULTING ENGINEERS STRUCTURAL / CIVIL / PLANNING i e15 FIOALGO. SUITE eO4 KENAI, ALASKA BSS11 �BO7) etr�-won"� October 99 1996 �� CCT1986 WCOVEd • ' `r; Ply of NOW Keith Kornel i s''� 1 - i Public Works Director""' • ' r' City of Kenai 210 Fidalgo Street " Kenai,p AK 9%11 Res KENAI BOATING FACILITY - Certificate for Payment No. i Dear Keith: Attached is Certificate for Payment No. i submitted by Western Marine Construction, Inc. They have requested payment for mobilization in the amount of $56,250. I recommend payment based on completion of 4.3% of the Basic Bid per the attached backup sheets. Note the schedule of values is not yet approved for Items 2 and 6.:� Sincerely, - Wm. J. Nelson & Associates J. Nelson, P.E. Principal WJNabsg Attachments L ZN� Central Alaska Construction ` A C Lk. &AA8106 B.L. "91259 P.O. Box 1594 5oldotna. Alaska, 99669 (907) 776.5515 The Honorable Tom Wagoner Mayor of The City of Kenai 210 ridalgo 1'N3nai, Alasha 99611 "optember. 26, 1986 :e: Standard, Richfield, Thompson Place Lack of X-section by owner Dear Mayor Wagoner, At the September 3, 1986 Council Fleeting this matter was referred back to administration. Or. reptember 4, 1986 I did sneak with the City Manager, and hs indicated he would be conferring with Public Works, and woald be getting back to me t.iat week. At that time, I also requested that check 052464 issued to us by the city be re -issued without the handwritten "final payment" on the backside of the check while we went forward and attempted to settle this matter. The city administration refused to do this even though re -issue of this check should have no bearing on the matter. The lack of action by the administration does not reflect any interest or effort by the Administration to a fair and equitable settlement of the matter. :Ve ask t;:at tho Council direct: the administration to re- issue this check without restriction or limitation. As the owner has yet to respond to the lack of X-3a_ction as provided by the contract, and therefore the inac .racy of i t s :1 s t! .i a s i their computations, too will be ,going forward to collect monies that we have earned and are rightfully ours as provided by,the terms of our contract. �7o u y 1 urs , r 1. !: hru 1'J s Centr 1 A asks Construction 1L11cloollre 7 „3 S 4 . R 1 �f u it t7 Pubi Ic' Watice '"PO I j of Application "1"k R OI guullatory Branch for Permit Post Office Box 898 Anchorage, Alaska 99506-0898 PUBLIC NOTICE GATE: October 2. 1986 � FOR cuuixu. ilaEETiNG OF t�/yG EXPIRATION DATE: October 31, 1986 W� Ci.y ilipr. --C1 Attorney Public Works City Clerk < UFi REFERENCE NUMBER: 1-860689 Original Ta submitted By-W Council OK []No ©Yes ck.— WATERWAY NUMBER: Kenai River 178 Interested parties are hereby notified that an application has been received for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plan. j APPLICANT: Mr. Chris A. Garcia, Box 203, Kenai, Alaska 99611 telephone T9 Tj 9 7731. LOCATION: The horseshoe end at the river bend of the Kenai River. prox mately at latitude 6063215111, longitude 15100915011, section 10, R. it W., T. 5 N., S.M. ° WORK: The applicant proposes to set four anchors for four permanent (7) commercial mooring buoys in'the river. The anchors will be remdved in the winter montns. PURPOSE: To moor commercial fishing and other vessels. WATER QUALITY CERTIFICATION: A permit for the described work will not be ssueo until a cer ca on or waiver of certification as required under Section 401 of the Clean Water Act (Public Law 95-217), nas been received from the Alaska Department of Environmental Conservation. COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307(c)(3) of the Coastal i Zone management Act of 1972, as amended by 16 U.S.C. 1456(c)(3), requires the applicant to certify that the described activity affecting land or water uses in the Coastal Zone complies with the Alaska Coastal Management Program. A permit will not be issued until the Office of Management and I Budget, Division of Governmental Coordination has concurred with the ' applicant's certification. - - -- -- --- -- Any person may request, in writing, within the comment PUBLIC HEARING: permed specTfed in this notice, that a public hearing be held to consider ........ ,, tnis application. Requests for public hearings shall state, with ;f particularity, the reasons for holding a public hearing. ' S /N rye All ,W OCT 19.86 ✓IV,ViIU� �.ie City�ot�eORt •• A. `. c 4 ly CULTURAL RESOURCES: The latest published version of the National Register of historic Places has been consulted for the presence or absense of registered properties, or properties listed as being eligible for inclusion therein and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he 1s otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. ENDANGERED SPECIES: The project area is within the known or historic range of the eregr ne alcon. Preliminarily, the described activity will not affect endangered species, or their critical habitat designated as endangered or threatened, under the Endangered Species Act of 1973 (87 Stat. 844). This application is being coordinated with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. Any comments they may have concerning endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of the described work. FEDERAL SPECIES OF CONCERN: The following Federal species of concern may use the project area: 5ockeye Salmon, Chinook Salmon, Coho Salmon, Black Brant, Lesser Canada Goose, Lesser Snow Goose White -fronted Goose, Bald Eagle, Trumpeter Swan, Tundra Swan, Mallard, lanvasback Duck, Lesser Sandhill Crane, Arctic Peregrine and American Peregrine Falcon. FLOOD PLAIN MANAGEMENT: Evaluation of the described activity will include conformance with appropriate State or local flood plain standards; consideration of alternative sites and methods of accomplishment; and weighing of the positive, concentrated and dispersed, and short and long-term impacts on the flood plain. SPECIAL AREA DESIGNATION: The project is located within the Kenai River Special Management Area. EVALUATION: Tne decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative impacts of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if. so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are "':-conservation economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property {�. ownership, and, in general, the needs and welfare of the people. For : activities involving 404 discharges, a permit will be denied if the PUN DATI ADJ, 2. • -4 L` i i - 1 discharge that would be authorized by such permit .would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria (see Sections 320.2 and 320.3), a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. AUTHORITY: This permit will be issued or denied under the following authorities: (X) Perform work in or affecting navigable waters of the United States - Section 10, River ano Harbor Act 1899 (33 U.S.C. 403). Comments on the described worK, with the reference number, should reach this office no later than the expiration date of this Public Notice to become part of the record and be considered in the decision. If further information is desired concerning this notice, contact Mrs. Jeanne L. Hanson at (907) 753-2712. A plan, Notice of Application for Certification of Consistency with the Alaska Coastal Management Program, and Notice of Application for State water Quality Certification are attacned to this Public Notice. Attachments District Engineer U.S. Army, Corps of Engineers • A Nr--O - /500 CITY OF KENAI %Od eaperl 4 4"Opp 110 FIOALao KENAI, ALASKA 99611 TELEPHONE 283.MIS October B. 1986 Peninsula Clarion Box 4330 Kenai, AK 99611 Attentions Ms. Polly Crawford SUBJECTS KENAI BOATING FACILITY Dear Ms. Crawford: The Council of the City of Kenai has directed me to write the Clarion to notify you that almost all of the subcontractors on the Kenai Boating Facility's Project are local Kenai Peninsula contractors. Because of the nature of this project (requiring a barge and pile driving equipment) no local Kenai Peninsula Contractor bid this project as a general. If you have any questions or seek any additional information, please feel free to contact me. Sincerely, Keith Kornelis, Director Public Works Department KK/ sw cc: City Council L *%,&— _-I F t i� ..1 f ji i a { F t a THE KENAI PENINSULA BOROUGH WASTE DISPOSAL COMMISSION ANNOUNCES A SPECIAL WORKSHOP MEETING ON SOLDOTNA LANDFILL ALTERNATIVES A WIDE RANGE OF SEARCH FOR A NEW SECOR COSTS TOTE YPRIVA SUBJECTS TO BE LANDFILL. SITE EASE DISCUSSED COMPLETE With the closure of both the Kenai and Soldotna Landfills, haul distances to to new landfill The Commission hopes to cover a wide range of subjects during workshop conversations, including concepts for future refim disposal options for the Central Peninsula area as a whole. new options might m might not include further use If the Soldoma Landfill site for an incineration, batting/ transfer, or other ty facility. Questions regarding the closure of landfills now in operation will be addressed as well. There are now available some caf.pcost estimates for severaldIfferent site/method options, and these will be included in discussions to keep them on a realistic track. Please attend this workshop if you have an interest. The Commission wishes to extend specific invitations to participate to: Borough Assembly Members City of Soldoma Mayor and Council Soldotna Chamber of Commerce City of Kenai Mayor and Council Kenai Chamber of Commem Nikishka Chamber of Commerce L October 22, 1 Early in 1996, the Waste Commission was tasked by both the Mayor and Assembly with tindiwg a suitable site for a new landfill which could take the complete refuse load of the Central Peninsula area. At that time the Assembly also expressed its intention to close both Kenai and Soldotna. Landfills "as soon as is '��„. i- The commission has completed site this time, and has found that of three sites investigated, the one now Elephant Lake, on p owned by the Salaaretof Na�Corporadon, is the most environmentally suitable. During the course of its Investigation of potential new sites, the Waste Commission came to the realization that the Soldotaa Landfill site satisfactorily meets the criteria applied to the otherpotential sites. In fact, in terms of access, the Soldotna site is better than the others which were under consideration. The cost of developing the site near Elephant Lake for standard landfilling operadons is estimated to be about $"3.3 million -Use of this new site would increase had costs from those we pay at present. Estimated annual mat per ton of refuse disposed over a 20 year landfill life would be about $39. It now costs about $25/ton at Kenai and Soldotna Landfills. will increase. The Private Sector, as well as the Borough, should eapeeienoe an increase in refuse disposal costs paid to private haulers as a result. Altearaadves which might hold down expenses include balea(s) and/or transfer facilities. Public input is needed on these options. BALING OF WASTES MAY COST LEAST Investigation of solid waste baling reveals that it "y be the Borough's most cost effective disposal alternative. Baling can increase the space available in a landfill by as much as 300%, by decreasing the amount of fill and cover needed for sanitary operation. For example, with the addition of a baler, Soldotna Landfill could be operated for mother 20 years at a disposal cost of about $29.50/ton. No new site would need to be opened during that time. Bales are also much less likely to cause environmental problems in the future because of their compact nature. steWaD JoeArnim�, on 986 7 PM Borough Assembly Hall L L D-Y T i D �r I' d ,r kf U E: I: Ire ..�• D /J , el� /o P • i