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1986-09-03 Council Packet
t ; R 15 d d 1 A G . PACKETS SEPTEMBER L L Kenai City Council Meeting Packet September 3, 1986 F t{p1Al aiir ao '�� :wetwatttta' ' $F aw -low 1.. ads: 11 104Wae i M" T" mw fev" a:Oe�wwl�a�.N.MM,�au,Q o„MriN„rntvitca>,•so vim. o, 8 dd..,19Z•bd . 3., Orpnr ".1180.8g�M whg K" MtMIkYO�! Cods ' MIMdMI�y W+�N � . 14 8abfteb Ord, 11tKr•8tr ZW, ._0WAW At±OM Twdo . TOMY WOMMwft—' w. BWiiMhdf 118a•QO _---..... �.- - S. Crdtiwios 11'83.80•U►orM�MW RiiiiAppni • IV�rr stnif' :' Uv tsi soo'oW r 8. Amo Aloe 88.79 • Awsm" CO*Mot • fbor.Cow". ,bnW,C Dan - 8. RuVwford Floor Covoft - 4b.834 �: IINoMAbii 80••84-R abnO RatNnl Gout, Gm%'Arw WAM 0*00 port of G.nYY MMus to K&A tti mu& flab � 8.. A/R�ssMdpd�onn� 18�dw8"Woft. K" pwft b swou0h .- f ,-a:,�App10illlOirior LIg110r.tJCNIM • YYi1�Ml�f AMhiigl�F '. 10:-RwoRreon ee•ee-Aw.rdN�Qe�Yiol:•`•�1kPoit-8ab1Y Zoni, GA Apron. 7wMW tmpowms t • 3943,007 r--,Tt*Oum is invifad to 4"MW mo persotpat.: IN pt. AGENDA KENAI CITY COUNCIL - REGULAR ME SEPTEMBER 39 1986 - 7s00 P PLEDGE OF ALLEGIANCE A. ROLL CALL 1. 2. Agenda Approval Consent Agenda *All items listed with an asterisk to be routine and non -controversial will be approved by one motion. Tt separate discussion of these items uniees a uouncii member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) 1. Atherine Thomas, Central Alaska Construction - Standard, Richfield, Thompson P1. - Owner's Breach of Contract 2. Clarence Ladd - Parking C. PUBLIC HEARINGS 3 _ �, it � ,Ak.o I , - a v1 '1. Ordinance 1110-86 - stablishing Two new Employee Classifications� 2. Ordinance 1132-86 Amending Kenai Municipal Code - } " Site Plans Ji _' " It a. Substitute Ord. 1132-86 3. Ordinance 1160-86 - Amending Kenai Municipal Code - ,g Mandatory Water Connections - av� a. Substitute Ord. 1160-86 4. Or finance 1162-086 - increasing Re•: /Ap;:ns - Airport Safety Zone, Generel Aviation Tiedevi, Taxiway Improvements - $953,000 C a. Suhzt+..cute 1162-86 5. Ordinance 1163-86 - Incrsea ng R"ev/Appns - New Street Lights - $90t000 6. Resolution 86-79 - Awarding Contract - Floor Covering, Senior Citizens - S. Rutherford Floor Covering - _ 7. Resolution 86-84 - Requesting Federal Govt. Grant ;3 .o ( Area -Wide Customs Port of Entry Status to Kenai Borough Ports 8. Resolution 86-85 - Opposing Kenai Peninsula Borough -. 9• $50,000 Salary Cap +►Application for Liquor License - Windmill Restaurant ?t 10. Resolution 86-86 - Awarding Contract -Airport Safety Zone, GA Apron, Taxiway Improvements - $943 9007 Is !i 4 ri D. MINUTES 1.egular Meeting, August 20, 1986 c! ; 2. *Special Meeting, August 28, 1986 `.. . _. E. CORRESPONDENCE F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified y 2. Requisitions Exceeding $1,000 3. /Ordinance 1161-86 - Amending Kenai Municipal Code - ,�y Standard Procedures for Commissions & Committees -- 4. *Ordinance 1164-86 - Rezoning - Sprucewood Glen S/D - 5. *Ordinance 1165-86 - Increasing Rev/Appns - Library t Grant - $12,000 ,sE 6. *Ordinance 1166-86 - Increasing Rev/Appns -Recreation, Donation from Elks Club - $500 7. Discussion - Alaska Municipal League - Amendment to Municipal League Bylaws on Quorum 11 Jr. Discussion -Engineering Design/Inspection Firms Discussion - OceanTech + a. Billing on S. Strawberry Rd., Kenaitze Ct., Eagle Rock, Sandpiper, Tern, Robin b. Request for Additional Compensation c>>'^'f"W`--10. Discussion - Shore Fishery Lease - Jewel Machen 1 11. Phil Evans - CIIAP - Rescission H. REPORTS •# 1. City Manager 2. City Attorney 3. Mayor 4. Clerk' 5. Finance Director 6. Planning & Zoning 7. Ha,:bor Comm'. salon i Recreatinr: Commission PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) ff 1. R -- - - - ADJOURNMENT p. - 'r _ �1 vl i, 7 7 COUNCIL MEETING OF is i- �ii�ii■_ i��■��u �i `'� iiiiiiiiiiiiiiiiii■ September 39 1986 INFORMATION ITEMS 7 1 - Billing - OcesnTech, S. Spruce St. - $249752.07 2 - Library Report - July 1986 3 - Comm/Comm Application - Robert Summers 4 - Notice of Work Session - 9-9-86 5 - Letter - Troy Castimore, Cubmaster, BSA - Thanks for Use of Beaver Creek Park 6 - Resource Development Council Newsletter - August 1986 7 - Landscape Board Minutes - 8-26-86 8 - Memorial Park Committee Minutes - 8-26-86 9 - Letter - Assoc. Genl. Contractors of America - Contract Retainage 10 - Letter - Resource Development Council - Meeting, 9-3-86 11 - Billing - Wm. Nelson, Engineer - Boating Facility - $32,165.99 12 - Billing - Woodard Const.,Automated Flight Service Station $1319649 13 - Billing - Wince, Corthell, Bryson -Lawton Dr. Water & Sewer- $12,220.50 14 - Billing - Zubeck - Lawton Dr. Water & Sewer - $88,219.34 15 - Billing - Wince, Corthell, Bryson - Inlet Woods - $69815.72 16 - Billing - Wince, Corthell, Bryson - Airport Way - $23,508 17 - Billing - Zubeck - Airport Way - $204,560.71 18 - Billing - McLane & Assoc - Airport Improvements - $99576.01 19 - Billing - McLane & Assoc - M.A.P. Project - $7,617.50 20 - Billing - Doyle Const. - S. Spruce - $29.988.81 21 - Transf. of Funds Under $1,000 - Aug. 1986 22 - Rec Comm. Minutes - 8-19-86 23 - Billing - C. Gintoli, Architect - Automated Flight Service Station - $3,913.50 24 - Billing - Doyle Const. - Cook Inlet View Dr., Lilac - $228.172.95 25 - KPB Minutes - 5-20-66 { 26 - KPB Minutes - 5-22-86 27 - KPB Minutes - 6-3-86 ' 1.28 .KPR Minutes - 6••5-86 29 t VPB Mi;..jtee 6-17-86 30 - 1KPB Minutes - 7-22-86 3: Chamber -cf _ mm.,t;:; Newsletter Sept. 1986 32 - Resource Devel. Council Notice of Meetinga, Sept. 1986 33 - Memo, Public Works Director Kornelis - Juliussen, Besinview, Ames, Barebara, Angler L I CENTRAL ALASKA CONSTRUCTION General Cont ract "' - IX Icenso No. AA6106 P.O. BO1594 - somOMA. ALASKA 99669 (907) 776.5515 JJ F 11,01fl,N]d Mr, iffibRIMS)IMIMIL OV g®rl. 10r WE ARE SENDING YOU I"Hisched Ll Under separate cover via— the following Items: J El Shop drawings 11 Prints 11 Plans Specifications [I Samples tj L] Copy of letter [I Change oider i. COMB NO. DESCRIPTION IVAA&d%P Ai Se VnAh &&211"En .&...L" Ej For approval LI Approved as submitted El For your use tJ Approved as noted 0 As requested L) Returned for corrections Ej For review and comment ri U FOR BIDS DUE —19--- Ll PRINTS RETURNED AFTER LOAN TO US • Resubmitcopiesfor approval • Submit —copies for distribution tj Returncorrectedprints TO h SIt [�o 1M)ft **own min It snelesuras ate oat *4 nelvd, hindly nallty U, k�' A& At once. �1 M 7 --A Page 1 of I'!IY l'SI•IMII•I'C N0: r ;. . 3 . v lug CITY OF KENAI i'ro j ec t STANDAIt11 111tivii, 'tllurlt'SUu 1`LACI; - 1984 ROAD 1t1l'1tUVGMfuIS Contractor Central Atnaka Conntructtvn �. (; Add re s s C. 0. Dux 1594 a Sol.dotnn, Alnaka 99669 Project No. f 1'hvnc 776-5515 Period 1'roln ?fir' `+i^to / %'r'• ,ti -- ----- _ /• c� i ANAL1 S 13 01: AUJ US•1.1'sll CON ITACT AMOUNT TO DATE Ol Original contract :Imuunt �i V Net change by rh:inge orders 1 3� Adjusted coulr:fcl :Inu►Init to dale ANALYSIS UP I1l11tti: CUr11'1.1:'I'lil! rlginai contract work completed tidi times renal cil:lni,.c! order • c umpif•I tad aterials ::ruled :It close or period CS:i retallinge of --- -�- percellt uOl earlletr less I-e1-:1IllggeOl �t -+ cuss :Illomit or prev imm p:lymt.htt; .Ilancf! flue this 1►a%,lnent Contrnf.tor-l:�ntrnl..•Ain.pkn_Cmitit.ruelllilt Iit11;i11et.t• Wtnr„ Cuttitrlt�r $178,928.50 eTa r� •>' � L L J r yJ is { 1 a iIs 11AY ISTIMAH N0 STAUDAllll DRIVE. Tllulll'Soll MACE 1904 ROAD illl'RUVElllilll'8 CEn11FICAi1011 OF CO111nAC1OR Aceo►dip/ to the bent of my knuttlyd►r mill belief, i cenilil• that I'll items "nil amounts shown on the once of thle Periodic tstlmnte lot 1 arf{a) 1 alment are emlect.. fh41 all tvnik has been l•ellol"trd ontl%ar msterial supplied in lull "ceoldnnee with the aquireme f ni the telefenCed Cmillactt .Iml'ai .laly mnlholiaed Arvialit.111, enl.ttitrolmll. ahrlaNanv, and/ot additionitl that the oardfiinl is s 1 uue and emfrrt 9enSnlrnt al the t'un1►.1cf nct•ount op to an.l h1cluJln01 111e list day oil rive perind rnmed by All; Perlydie F.stimsrel that no part of ilia •'llalance line Ibis 1'nymrnt" has been teeelted, and that the undersipned and his subeonnectas hps•IChees wrp`resn/r 11t1s) a. 0 Cnlnplicd n1lh all the '--their ptwv{vionl of e11.1 tfimtarl. b. (_J C.rtnplictl n hl, ill t11e Libm rt"vitions Of said rnnlrart rrrept Its thnlr Invtanrpv where an honest dispule exists with le - specs to sold 1.1hnr rfovivions. (1/ (b) Is ellweAfd, dfsertAf rflwlle "Stuff of dispute.) '�enErnl��Ineia�l:s�io,fli;► ny / (SIenSIluf el Awllorlssd wsplsfsMfllvs) cEn11FICA11011 or A1lCIn1rCT art Ellollorp 1 ce1111F that 1 have ehrckrd and %•till- 1 file "love on.l lt•trg.siwp 1`rti..11e 1:-tf"mre let ('atri.rl 1`oymrntl glint 1" the best of my ln'ttvlr4frc onto brlit•l it It a title n"d r•141ert mairment 1-1 tvttk Irrl.tlnlyd and/"r nro►rfia) ltlppilyd by the eo"traefeRt whet all aolk ar.1%fir mstcrin) ("elnJrd in thf• 1'rriuJh (iuimme h.11 brr" lu•p1•r►rd by me no.l: fit by nIy duly authorized teptene"tithe or atsi11an11 ,end 164I it h.t• bcr.'n (t.•firuord nn•1/1f vupplird In lull a.rl.r,laacl with Fegnit••m. "tt 14 flit, Ielefrnce contract: "fill /half p4r11t1 .alit, m elninaJ ImJ lcqucttrd by Iho ennune sae Is c"netely cmnputed uu the basi" of wait pedolmed and/ "rote• tool supplie� to d.lte. Signed -•-----�_ ._ .,_.__ . Wince. Cu1b%d11'; PTP1U11 Uate FRE•FAYMEIIt CEntirlCA11011 nY rimn r-licnirtili CArch tire of pwlment errt4bdr CJ1 h.tte Chcellt-d 1111•1 r-nitn."r .1ltlln•11 Ihr t tiler It tw'e cllu•dnit• 1.1 Anunlnlr feet t'tv/rtncl 1`"tmt•nla, file nolet anJ fep.tfft of my imvtecfhnw "1 lilt- 1lttiet 1, .I11.1 the Irri.r Vt. iep111t•1 1tlUfliff.-J In dw larhitert. tnitinrrl. 11 i•t all opinl"" that the vfairmenl 0l mirk perHtlna d .ttkl 'rr m "t•r1.11• tI plb:.l i•e::a ear.nr, 16.1t 16.• t .nroacue It- obsessimp Ihr u4 all f-enH of the contract. evita a dill ohm the eonn4ctnr ahuuhl hr p.1iJ Ilse amannt lequrclt.d .fit111 e. 1 renill• tb n .111 merit In.l 'at- "1.a1 f i.11•: fif•It r file 11mft.111 lm. N t it io,prcted by one nn.l thal it hall been peelormeJ and/or our. plied in lull arvold-Ince u11h the tt quirrnl, ntu al tom t•tattatt. Wlncet Cortliellt •111su1 ell _ IJI11, oil L L.. I loge 3..� of s project i3tA101AIT UQt"t 111U111`8011 MACH - 1964 ROAD 111QRUvB11jIt9 1, 1 1 FAStC Pin FC EMILB A ttrlginnl l'c•ntlact Amount n ----- total to Date I Itt;m Uescriptlon gtlnntity ; and Wilt Did Total -- unit Price ""it Cost quantity Amount vatiou Unable 6xcatype iV�� _ lug a.x Soso -� -.. Unueabio ticcnvntion �'��"- ""--'-»--- _ LG,000 U.Y 2.SU r �U,2UU.UU eaeiEied-Eill'all �QJ--=4'Y -Ma� 219322.00 ` 1i,U3J C.Y ---.---•__ -- �' _GU 66,222:00 fi• Remove Existing !'avement MU a - Level canton '�-•---- �w+ . S.Y 4.20 ! ' _Anplta.lt Caveme_nt (Gaon C) 123 Q.Y 1. f___ InZnn�ej �r : »• �ls.11U cuivett 1 � Ca. Gaiv. 662 it. . i fucninl 6t Inate'll !0 I.fIC F 14_Ug�� / �/ moll' i ii ---•--._....__ 9 2GQ.t1U �...L . _!ell;lvgrt l�Cpt-l"n v=_ Steel 14S L.E. r� 1 1 fucnivb R lnetnll 2��i1 Catt �G;UU �32U:UU • _Citc a CUC LIMY t Gnu. _..__Iuo G�f utn eU; b Inetah €1nteJn� --»- �SUU_•UU 3S.vU y Section !g" U.la. iG on. yr i futnieii b �n>;'►,nlj-` ----- � ;F 63.00 130.UU i ' Section 10" f lcaed-iaiiJ — ,r Ula. 1G l:n. �'-' j . .-._.._.._.. 1 an. futniell 6 inntail 241 pin. fated Rud ---� 1 ► get. 1G Gn. i ca. 10U.UU topsoil 1, jiSeedingg —43.2_ a 2UU�UU 8 G U.UU -,LQDd F' -�-- iUU.UU d• R 3` t)eiutenestca Hateting ! -- 4,3__ 2�.U.OU l�t� Apptoncnea it , 3S. vU 6p! Exlet�nq il�iliEihn"`--- 22 an. 50•00 I,IUU.UU -- consttuctioa done �- !•uui llum ' Futn sU 6 'leetali o� """ •-�-J» Q Gild gi C k u•UU of /�� at Remove end Ralucnte rust ate- 2UU.UU 401).UU Remove and tilnpoge oE'C!�o -""- 3p•UD SQ UU `'Eutn�n�i niiJ`Tiiica�••`I$eue O.UU 26640•UU 3 E ' Ruck ��,�'rLo 1 Ub1ilerntfon of RoM)Nnyr I r.,,gp�eYm ...•.__'9U.UU _ yU--•[..��'�-���.5�•o ' n loceat Kintitin aunt —.-_.._... _..._. '2----- gnu /�lA.fi o7Cif 1� s f.1 .LuaLin�Dnx�_ i--'--...� 3U11.1!U SUU=V •�-�. j...,.r�� i �.._ ouut for 71 11 'npo U . 4170,9;t0.5U .� �0- L i{ t;if r. e A Y f STIMATC NOPage 4.�of ., ........ -- - ---- 4VJ[7L6 4 uu.unnu vniyr., 111WnrwP t•WII.G - 1v"4 MAU L"rKUvGMnM1.1- BASIC BID SCIIEUULE 11 tlriRinal Cnntrnet Amount Total to Date RICHFIELD Quantity Item CIINGE ORDER l No. Item Desc r. 1-A on held Unit Old Total Unit 2142 CY 300 CY Price Unit Cost Quantity Amount 201 Usable Excavation Type IV 4.00 8,568.00 202 Unusable >xenv_ntton Type I Classified Fill b 2.75 825.00 203 1582 CY 9.50 15,029.00 204 Type III Classified FIJ I. br packlill 5180 CY 6.00 31,080.00 fj �,fjl ►" F b 1 5n Uia. CMC Culver[ 502 14 Ga. Galy. Steel 138 LF 16.00 2,208.00 3� F b I 1 « Uia. DIP Culvert 503 14 Ga. Galy. Steel 10 LF 20.00 200.0 t� { 90l Approaches 5 FACII 60.00 300.00 4A : •' Existing Utilities in Const. 3i 902 —zone Lump Sum 8,500.00 8,500.00 (� %: 3 e �! 903 F b I Post b Sign 5 EA 150.00 750.0 �--' �- 904 Remove b Dispose of Pipe 76 LF 5.00 380.U( 905 Relocate Existing Post --Oftice Cluster Box 1 EACH 500.UU 500.0 , 1 i I 1 'total Amount for This I,ci1,�J,!' � I ,.o L w ;f 1 , CAC Central Alaska Construction 11214 P.U. Box 1594 Soldolll0, Ahl-An, 99669 4907) 776 9919 Hny 24, 1986 City of Kenai 1•11nce-Cortile ll-Ilryson P. 0. 11ox 10,11 Kenai, Alnska 99611 Subjects Standard Drivel 9'Ile,mpgen rince 19ell Rond lflip rovemrntn. Change t'rder. l P.ichf lotd: Dear Sirs, Central Alaska Construction find requested release of the amount cf Contract Dollars held as retainage until the Cwner and their Representativen had ample opportunity to review the Contract Documentn. We are quite hesitant to process nnything marked "final. Payment" when We are still owed munies within the bounds of the Contract. Ile have enclosed (Enclosure 91) a portion of Section 20.05 of the Supplementary Conditions., Section 20.04, and 20.05 of the Standard Specifications. These Sections any that the Cwner will provide us with a croon -section no that thr pny quanittea may be accurately completed, but also allows for other forma of measure If this is not done. F.nelonure 2(a) is coptes of. the Project Inspectors Reports for 9-10-85 and 9•11-8:. 2(b) if: Central Alaska Construction's Daily Time Sheets for 9-10-85 and 9-11-85. 2(r.) is the Torelnans Diary for the same dates. Central Alaska Construction allowed time in cennrruction for the Owners Representative to make required cross -sections, which they elected not to do. tnelosure 3(a) cor.tutns the Vwners Project Records Indicating that on 9-12-85 and 9-13-85 the Owner'n Representative Docoment ed a tot nl of 196 loads equaling approximFtely 3,136c .y, beinp, delivered and placed on the rrojoct for hringinf; tfle+ road -bed to elevations at the bottom of subprelde. 3(b) Central Alnol:a Construction Project records for 9-12-85 tllr.nugli 9-17-85. 3(c) Stib- contractora tally of Project Recorda. L L i t'ago 2 Fay 24, 1986 s l; r +•' - i z . j f Enclosures: t i Central Alaska Construction placed a total of 6,480c.y. of Fay Item 204 Type III Classified Fill as per the Project 'ltl'cords. 41e have only received payment for 80% of that quanitity or 5,1.80c.y. The quanitity under Items tic. 201 and 202 may be in question also for flee same reasons, no crone-sectionn, but we have choose to overlook thin in the interest of a fast and equi.tabl.e settlement of this matter. Sincerely, 1•1. Kathryn Thomas Central Alaska Construction L L x it , f .i. 4 n s i is , T j SECTION 20.04 nOAUWAY EXCAVATION Article 4.1 General This item consists of furnishing all plant, labor, equipment, supplies, and material In perfor- mance of all operations pertaining to the excavation of unsuitable and/or surplus material for streets, alleys, sidewalks, and curbs. Article 4.2 Survey Stakes j The Engineer will place control stakes on each side of, and beyond the Ilmlls of, the proposed excavation. Stakes will be set at grade breaks and on even grades at Intervals not to exceed fifty (SO) feet, with additional stakes on vertical curves. These shall be marked with the station, offset, and show the cut or fill to centerline design grade. Article 4.3 Miscellaneous Public property lying within the right-ol-way, such as signs and markers, that Interferes with canslsuction shall be removed and reset at the time and place as directed by the Engineer. Any damage by tlse contractor shall be repaired or the Item replaced In kind at the Contrac- tor's expense. Existing culverts to be salvaged shall be removed In a workmanlike manner and delivered too site as directed by the Engineer. A disposal site for non -salvageable culverts, etc., shall be contractor furnished. All existing key boxes, cleanouts, manholes, etc., shall be located and exposed by the Contractor and carefully protected during the course of the work. The Contractor. In conjunction with the Engineer, will check all utilities prior to the start of the construction. All manholes, patch basins, cleanouts, etc., will be checked for damage resulting from the Contractor's operation prior to final acceptance by the Owner. All existing utilities requiring adjustment to grade shall be adjusted by the Contractor In accordance with the applicable Standard Detail. Payment for such adjustment shall be as specified under the applicable section of these specifications. Article 4.4 Unusable and Usable Excavation Unusable excavation shall consist of all excavation not suitable for use In the roadway. ! Usable excavation shall consist of mates lal from excavation that Is designated by the Engi- neer as suitable for classified fill or backllll. If suitable soil conditions (such as non -host susceptible material) ate encountered at elevations dillerent from those indicated on the plans, the Engineer may direct, in writing, that the excavation be carried to elevatione either above or below those specified. Any excavation beyond the authorized lines, grades, and cross sections shall be filled wl!h suitable compacted material without additional cost to the Owner. The Contractor shall control the banks of all excavated areas as necessary to prevent movement of soil In areas �+ supporting existing foundations or slabs. Where unsuitable soils are encounter od In the subgrade within the depth below finlah gracle, a3 Indicated on the plans for depth of non -frost susceptible materials. the Contractor shall excavata to a depth such that suitable soils are uncovered or the depth below linlshed grade as directed by the Engineer. The excavations shall be uniformly shaped so that classified f backfill material ren be property placed and compacted. The area shall be feathered to 1 adjoining areas where unsultable material Is not found. Excavated material shall not be replaced until Ilse Engineer has taken cross sectional elevations and measurements of the area excavated. 9 tl � 11 ` . .. t� .. .....,AIIEI01!!1ll�tll�aAl�li�!_a_�"'!mrnnennannn�sxnxn��xs,w�rw�.x _. .,. L e9 W-1 r-7 t I r It shall -be Ilia duty of the Contractor during construction to keep all embankments and excavation well shaped and drained. The subgrade shall be maintained, compacted in cut sections it required, and kept free from detrimental quantities of leaves, sticks, or other debris. r Article 4.6 Utilization or Disposal of Excavated Material Excavated material shall be used where practicai for fill and backfiil as directed by the Engineer. When this material Is used, it shall he considered usable excavation. Usable excavation shall be compacted in accordance with Section 20.08of this specification. When not used on the job site, the material shall be hauled away and treated as unusable excava- tion. Unless othewlse specified in the Special Provisions, the Contractor will not be required to transport usable excavation from one schedule of a contract for use in another schedule of the same contract. Unusable excavation shall be hauled to the designated or approved disposal areas and placed In a manner to make n neat, graded area. No compaction will be required In a disposal area unless otherwise specified. Article 4.6 Method of Excavation The Contractor shall utilize whatever methods and equipment necessary to excavate to the limits designated by the plans and specifications and authorized by the Engineer, except that no equipment or method may be utilized that because of Its action glejeriorates the subgrade making additional excavation necessary beyond the limits originally authorized. Article 4.1' Method of Measurement The measurement of excavation will not Include wafer or other liquid but will Include topsoil, mud, muck, or other similar sernl-solid material which has not been disturbed by Contractor and which cannot be drained or pumped away. Usable excavation will be measured per cubic yard by cross section as indicated In the bids proposal; or at the option of the Engineer per cubic yard by truck count. Computation of truck volumes will be by actual measurement to arrive at truck loading, adjusted by an appropriate swell factor. , 11 Unusable excavation will be measured per cubic yard by cross section or per ton; or at the option of the Engineer per cubic yard by truck count. The method of measurement will be as Indicated in the bid proposal. Computation of truck volumes will be by actual measurement to arrive at truck loading, adjusted by an appropriate swell factor. Cross-section measurement of'usable or unusable excavation shall be based on in -place volumes as determined by the average end areas of cross sections. For all scale rreesu►ed quantities, the Conti actor shall furnish a scale certified by the State of Alaska for weighing excavation nt a locntlon agreeable to the Engineer. Weight tickets will be serialized and witnessed at the time of weighing by a Contrnctor-furnished welghman. The Engineer may at any time verify land weights and weighinq process Tickets shall be presented for each load at time of delivery to the Engineer or his designated representative. Article 4.8 Basis of Payment Basis of payment for these Items shall to In accord -ince with Section 10.01 and shall Include full payment for all work described In Section 20.04. Payment will be made under: Be 10 L_ L 0 L i� .. a . UIVISIUN 21-0-00) R . . STANDARD CUNSTRUCIIUN SPECIFICATIUN$ FUR EARTHWURK fi ..if SECTION 20.04 ROAVWAY EXCAVATION .+; --.- • Article 4.2 stmEs f 1 t. Ui�tc!hr� the! ��ecc►r►rl sentpnCrr .and s!.tbstitute the fallowing + k ' thttrr?fcr s "stat-ttn will br, srat at grade breaks and on even I GtAtinnn tit intervals tint t.a e:tceed 100 feett with aidditfa- x... - nr11 %takers an har•i-ront.ai or it-r•ti.Cal ClArveq". OR PACKF I LL SECTION 20. t:► 5 CLASSIFIED FILL ' Article 5.2 MATF-111ALS � i.. peletr. Table_ 1 and st_tbgtit.ttt.ra the follc►winq therefore .i 1OM E I i IJ.S. Sfn SIEVl; UUMUI_A T I VE % PASS 11113 1 ! ` M ' c 1 r;►f,► 1�► :?:i — bit I 4tJ 7 Article 5.3 CUNSIRUCTION to it�)r «aye ,-tl►1► f r.►+!r , ?tetit.ancr twat rR{%lace "gi::"-thj_---wi-th n "alght" (11) and replace "Tyra II" with "type 1"• Ar t f t 1 e 5.4 METHOD UPMEASUREMENT pr.-!1r?t:n pAt arlr•alth 1 arid 2 in their entirety and subrstitUte the firtl In wing, therefor; fied fill or bi. fi 1l mr-iterial obtained from altt►roved +---- } borrow rsaurces will bra mF!t%rttred lit cubi r. y,•tr dej of mrikrpr i a -{-.----..------___i: d in raccrrrdance with thF�se delivered at►ti plocr•apt�r.lfica- E tinny. Matrp-r-i.als rahAll hn mrAsura!d in place in the fill r?r- to na �' cnmpart r:!d to thrt artrC i f i er1 Hpnai ty, nrrat 1 gradesby the method of average and areAs determined from ; i cross•-"esetionss takon by tho Enginour. Article 5.5 BASIS OF PAYME:NT IJnrlcr r_at ttmti 1,7h1r!rl "IJNt i" �tnlr�t1, "yUtJ, fearer IC►Ga ti�.►rtt1. f f n�,�rr�e snre���ham� wee IN 1" leflgt1l!1�!1e f i 1 �e. l.l. v L-1 Article 5.3 Construction The ground surface shall be cleared of all dohris and organic material. All depressions or holes below the general area surface Iovol, whether caused by removal of debris or unaccept- able material, or otherwise, shall be backfilleld with approved material and co►noacted to specified density and to a level, uniform surface before the placement of other layers. Embankment shall not he placed on frozen ground, no► on ground havirlq a slope greater than one vertical or four horizontal, if placement on such slope Is permitted by the Engineer, the surface of such ground shall be plowed. stepped, or broken up to such a manner that the embankment material will bond with the existing surface. Prepared surfaces shall be welted and compacted. The specified material shall be constructed at the locations and to the lines and grades Indicated on the plans. The material shall be placed and spread uniformly In successive layers not exceeding twelve (12) Inches In loose thickness. The Engineer may approve lilts of greater thickness provided the equipment and method used will consistently achieve the Specified density. The layers shall be carried up full width from the bottom of the fill to avoid the necessity of widening the edges after lire center has been brought to grade. Each layer shall be compacted to not less than ninety-five (95) percent of the maximum density at Optimum moisture as determined by the method of testing noted In Section 20.01. Reason- able time shall be provided the Enqlnppr to mnke field density determinations prior to placement of successive layers of material. Binding, rolling, and tamping shall continue until the surface Is smooth. free from waves and Irregularities, and conforms to elevations shown on the plans. If at any time the material Is excessively wet, it shall be aerated by means of blade graders, harrows, or other suitable equipment until the moisture content Is satisfactory. The surface shall then be compacted and finished as specified above. The maximum dimensions of any particle of the embankment material shall not be greater than two -thin ds (2/3) of the compacted thickness of fire lays • in which It Is placed. The top six Ili) Inches of embankment material for streets shall be Ty pe II Classified Fill and Backfill and shall contain no stone larger than three (3) Inches at Its greatest dimension. Oversizeshall be removed. Portions of any layer In which the embankment material becomes segregated shall he removed and replaced with satisfactory material or shall be added to and remixed to secure proper gradation as directed by the Engineer. No separate payment will be made for any material removed or regraded In areas where material becomes segregated. The Engineer may permit lifts in excess of 12" thickness when fill or backllli Is placed over swampy or saturated ground, or where he is satisfied that the Contractor's method and equipment will consistently produce the specifled density. Article 5.4 Method of Measurement Classified fill or backfill material, obtained from approved borrow pits, will be measured In tons (2000 lbs.) of material delivered and placed In accordance with these specifications. Said measurement may include moisture up to a maximum of 7.0% of dry weight of the material. When check tests by tlee Engineer Indicate that moisture contents in excess of 7.0% may be occurring consistenly, file frequency of testing will be increased as necessary and the results averaged over a period of one week, When this average Is greater than 7.0%, the tonnage, as measured over the above period, shall he reduced by the difference. No credit will be due the Contractor when moisture content Is less than 7.0%. Testing will be done In accordance with standards previously provided. Imported fill and backfill will be weighed On a scale certified by the State of Alaska. Weight tickets will be aeilalized and witnessed at the time of weighing by a Contractor -furnished weighman. The Engineer may at any time verlly load weights and the weighing process. Where excavation of unsuitable materfni boyon►f the lines and grades shown on the plans Is ordered. In writing, Ilse measurement of chissilled hnckflll will Include the materiel required for replacement. No measurenner►t will be made for quantities placed beyond the lines and grade authorize;) or for quantities placed outside tine limits of required excavation. (to 14 L L L _j r.n. of 107/1 " I..., v *it coke* CUP. f oat- AM at Fi.OLLMANO WAS NotfO: PC /31- 0,6!jc rjy 0-_ S-7 r-re, TittD 0 KfNAI, ALA I I Z -IC- C-C- 7"'o rmE FOLLOWIN!, WAS NOIF13' al I i it m Am e9aaa OMEN �9E8�� M MENEM m ME M mom IN M 0 mom No IVAM �DOCaC���C m MEMO ON MORIN NNE NNE m mm M ME IN M WE NN -I ,A a 1 A CP a,z,v_e.lz M ori4 'r, / �- P'lCd-r d /A eatGvoc4 7- All, 'r vrrkw SPLY5.0" . Ale 5 74.V )+' �Jf7Glin� T YiC _.ZZ7, /7ie'7.C•eiis e- ,i % 7a b/W - ddl?.LPs. ley ,fly i �'��7/•1 4 �O/�,� f �O /..��riG4 Send �iaiv y't 1 37Im., r e A r 3 /y/e r .�� Enc lunure ?(c) a L 1 j L. a -I (907)2014-3712 rOULOWIN", VVA2 W)TIT-0- iz/ I elv _/7 e7 c eye Opijl 7-- �l F 7 XASKA 99611 (997) 203-4672 1'." -v To 1(4,5ry 7, W tv ant AM THF. FOLLOWING WAS N I Atpriv 41 47 r ,♦r, i r Ar J. .y r /� �Fl�.D S /D /�tI/4•d .�e.�� �j�id y•C r }I I TIM, r/ A AlT t �'.nc lastcrr 30)) 7- 1 I t i AA441 SA AE d :Y r.13 ov A e., tv � e- .4.,'�wwA O�rlt -JIVAr OJPd IC 70- ,J.OX t Ap 41Y10 a ,c aefa 13,95-c /A - F c?pdo a for or 34 you e. ope e,(,;cv X"f 4 a If OoW 4Yco I 0 r1j e- 671) t. ill IRON MM- a] t f; S i •r S`` y �.. 9 t; t q� t. • v. i� #t :t rl//C./�-S,3 �I.C�=).�� /�/�/ !�%:f��//C/.tT/G1�'Y /it',OJL• Saw *M r ol- --yo L L 41' 7" e 7-Amo la C, F/9. v d 13 � 19 d t im 13 rl) lo E-d. t 1 40 /3 -49 17 /c7 ze; sit/ la .3 1, C/ V9 tle MY .7'n 111to ve ------ to I I rj stove 0, r m Ol .3 y 7 -esrerr 711.*5 /is-rr j It A ST, it ro rr.Awt, Cucloqvire l(c) r.r a i H f. 'a A s r� SECTION 10.07 MEASUREMENT AND PAYMENT `4 1. Article 7.4 C DELETE: First and Second Paragraphs i ADD: "When extra work is ordered by the Engineer to bo basis by the Contractor, {j done on a force account tho labor for such work will be paid for on the basis of actual labor cost the Contractor pays and to the individual worker for the hours worked at rates shown on the certified payroll which includes the total benefits paid plus an allowance of 20%. The time allowed will directly on the be the number of hours worked force account operaLions. Tile 2n o allowance is to cover ALL other costs, direct anindirect, including but not limited to: payments Subcontractors or any subsequent subcontractors, overhead, profit, bonds, accounting, insurance, and etc. The equipment for such force account work will be by the City and the' paid for at a rate agreed upon Contractor prior to the start of the extra work, {{ which rate will in no case be greater than that of No equipment i local rental rates plus 150. rental shall be rovalunderofhis theprovision Engineer.without prior writttenn approval Payment written app ' for force account work rental equipment rental rates from the equipment will be the actual rental vendor plus 15%-" Article 2. A r 7.4, Paragraph 9, first sentence ., DELETE: "(other than specified herein)" i .. 3. Article 7.4, Paragraph 10 DELETE: All of Paragraph 10 which is "Should the Engineer direct . . . chargable thereto." - 4. Article 7.6, After the first sentence in second paragraph ADO: "Engineer "-will; -with'" -IV -days after receipt. of each Application for payment fr-am the Contractor,- --either-indlo-to-_i� .writing e recommendation -of payment and present the Application to Owner, or return the .Application to Contractor atating in writing Engineer's reasons for refusing to recommend payment. in the latter ceee, Contractor I may make the necessary corrections and resubmit the Application." I p X-8 i� 5. Article 7.6, Second paragraph, second oentonce DELETES ,With those uutimates as a boat," I, ? ADD: "Subject to tho foregoing," ' 6. Article 7.6 { DELETES Paragraphs three, Four and five. + ADD: "The Owner will process partial payment requests ` and make payment to the Contractor within twenty ; (20) days after the Kenai City Council has approved -_ ,K ' a; the pay request. A copy of the City of Kenai, Alaska, 1984 Deadline Calendar is included in the Contract Documents which shows when Council the work is accepted by = meets. Until such time so Owner, the retained percentage shall be ten 1the 1 percent (10%) of the value of the completed work. ' Upon substantial completion of the work, the to 95% of Engineer may approve progress payments up the amount due the Contractor providing there is sufficient retainage to cover the estimated cost of the remaining work or any claims." 7. Article 7.7, End of Second Paragraph y 1 ADD: "No allowance shall be made for stockpiled material of gravel, sand, fill, asphalt aggregate, - 4 asphalt, oil, or pit run or pit processed material." B. Article 7.7, Third paragraph, last sentence DELETE: "Contractor is not making prompt payments" a a ADD: "Contractor has not paid" 1 9. Article 7.7, End of Last Paragraph 'i- ADD: "In order to be paid on materials the f following conditions have to be met: a. Tile material has been stored or stockpiled in - ------- { a manner acceptable to the Engineer at or on an ii approved site. _... __. b. the Contractor has furnished the Engineer with and of acceptable evidence of the quantity quality such stored or stockpiled materials. X-9 r s; LL BRYSON WINCE CORTHE CONSULTING ENGINEERS Ken 1841 KI"Al. ALASKA March 3 Central Alaska -construction pro. Box 1994 Soldotna, Alaska 99669 -N h Attention: Kathryn Thomas pay Estimate te # 7 Standard Drive, On January 15, 1986 you submitted pay-estimate-#'IttOV-Ve , Vj estimate was not, marked final and required' 4" At that time you indicated that the -projeCt "'and quantity 'calculations were being" revietf6d�bkl'�.*U*',,"'gftinsG L I .Borrow Quantities th%t,11'y;VW- 4oad`i'M" �dit ..,,..of,idditiQnal Type III had been placed an the project. we - forwatrde&_ the -pay-, astimati. td!U&.!VAtV, on Jan. 15, 1986-and relayed your intention , ,11Lfte)"-'- L lN J! lion releases by the January171985 4agendadead 47 The City has held the estimate since then, awaiting -1'th9rel4i&s the f inding- s,of 'your 'own 'CoAgultaftv- submittal based on It is now February 28, 1986 and we have received noAndica on..*. the ot Xer as to the possibility of closeing:-outths P06300ii.-,:1Mhui;1 The City has.returned the estimate with iz8txuct;L0ft8'-t0',r`@9W=it`t � • ched-as eye ta can be marked final and the appropriate releasewiare 4t - in Section 10.07 Article 7.9, section 10.08 of the awdat 8 Val and the supplementary conditions to the Gene 'P If you have any questions, pleadle contact our 004C., convenience. very truly yours. WINCE-WRTMU-BRYSON 7 -7 W L -I HO CARBON PAPER RECAPRED: hgew' wo maw"Vow lowspau*mw $""$Noma . . . . . . . . . . . . . F WINCE-CORTHELL-ORYSON ma 0 GROOM %e fts 0 P. O. Box 1041 13 m !00/4/9- �ig_ KENAI. ALASKA 99611 (907)2834672 a T r.4 0 ?"s-4 -,0�Aeoftijrf J ..C"J0Aedj' d&jr7X& s ter a E to O'de MiCtZ j!>AtrA we A e4 kv rid ove- r a4a^wo eV r 7/ P.70 wl. 0.0 'c'.7 7� /10 Z-4a law 1114" SIGNED. CA" OF ran'ti p L ---- ... , :_ .. _ ,,T�•, ; �. y SIGNED. ��oft SENDER: MAIL R Wd- ECIPIENT WHITE AND PINK 8HEiM. _1 -i I CITY OF KE_NA.I ,.Oil G' dal °� ,4"" NO RUL00 KENAI, ALAOU a1611 .. TE "NONEEEf•T I .. May 9, 1986 f Wince-Corthell-Bryson ATTENTION: Casey Madden f Box 1041 Kenai, AK 99611 SUBJECT,: STANDARD DRIVE, THOMPSON PLACE, RICHFIELD PROJECT' J Dear Mr. Maddens �,;,;'.•'�' �`.,. It has come to my attention'.that-Central Alaska Construction has completed the actual,construction work in the field, but has not completed the poperlwork'to finalize this project. It is my. understanding that"the"City of Kenai owes Central Alaska Construction $29768.52.as final;.'psyment for�sthks project. Please inform Central Alaska Construction to submit a pay estimate (number 7) marked final too!complete this project.. Central Alaska Construction is also required to submit"page U-11, entitled Contractor's Affidevit.of Payment of Debts and -.Claims; page V-1$ Contractor's Affidevit•of Release of -Liens; anW W-1, Consent of Surety Company to,Finel Payment., It is my•unoerstanding that this project was completed quite, awhile ago'end!that Central Alaska.., Construction is dragging 1 e ' feet• in finall.44ng the% project.;; Please instruct Centr11I`Alpka Construction to complete the above mentioned items and submit• them..•toyyour firm prior to May 27, 1986. If no progress is made in finalizing this project by that date$ the City of Kenai will seek assistance through Central Alaska Construction's surety company to finalize the project. ' Sincerely$ Keith Kornelis, Director Public Works Department KK/ew L I I E I J L�. WINCE • CORTHELL • BRYSON CONSULTING ENGINEERS 90 sell 1041 907.2831A72 KINA1. AIASKA 99611 L;C?11tr I,%t 1)11t-,1/a Lr.',t117l;r'l1t!1; 1.,t. Lfn•t 1.U-94 Scild-Area. .nhlr,f`t i `► ,�f,N.1I 11 I�►"i'. f'. 111r,f.►ro",-i1 If 1:1rr, 01f.111 It- trl D1,1Vr' f►f.to-ni; ic,n» h.-Al-lityr, Ihorflar, .IIfnf$ I. II.Jlif, 1•lI th I r,nn1 fl t., vr?ul. tel: f•I•r flrlt,rrl rlr4y :"I. 1•ifth. vie, hAVF' fit i I i z?rt r'Vr►"y 111PHI I', _.f IIIPas fit, irf 11 I hf' 11,.1.'11'.t 1 t i PL-: r}f f.1-, r'A I1I.P P1frAVAt i C•rf An" tYpirs it t,C•1'►',,,•J .i1vzxil.ab10 to--us. t•rr•wardrd all s!frypy "of tir:tllti, aYld C{Fi:tl.Y 1 r.lt.-,t•tR tf, Y'"fa for,C'r..,«i f^-hf?CHIrfO. 1•la I1 iVf' ,If",ClfiJil , 1 1. sLtr'"eV 1t1Y1 Y1r,t t,s9 and tlavp J•A lCfl.lzted trip ep;v'abin t,stt•�1v.it I C,I1 f11',il t •;"r,, r (I '1 UJ 1111F711t i t .l r'y. f_Iq i nn tw,-. sevarFito- method pe,_•ul a .'arlfi tool ieve tttl? 1:'a 1. r.11 At arl I:If_larlt it i.e,; t,--, be I f �c,n► fir In 1►,' f f,11►1,1 aZIIy 'Yf'1')f'IIV1.P-, in i-hn material sf-fopiied t- tI 1,fn f,►,. ,,1 .-15r,11 111 '•a l rll lrt l; i r►t1 tIlf' oetarlt it ilia, 1-11 F+AsP l f v VIt 1 5 '?I f i I. '-r1 tUF..' C'r?IY Mf `f't ,'lull f�l "+l:Il4R thf?111. Ttlrr, prc,.11'0; bof;?n ►`early t-1 r1•-,5� c•f_It s►nuv ()rt.ober 1980 ar,d tree city of t:t,ll.ai i 7►1)<i•,i115 to d- sr,, Hr_.wr.ver, they will net rl-se it n11t. 110; 11 1 thr? i-.nrltraul;or• s1lppl. IP.:; 1;ne a0p►•._uriato release formst, tJr' ar►. It'fitr. mm-eerfb.le to anc-4-11er mef_'tirlq rruav-ding this at y,_,n►• L:C',r'Y]t'1'fUiPtN'fd.. 1 � y',r:t lr,1,F1,. nl r,r..-P rot'1tart u-4 elt YOM, f+al`l sect rc,rlvirm .i erlcr. ► 1 8i r1C(-t-ryl y yr.f.fr �, W XNCE- COAT Pl t_L_-- PITY E)ON ;I PArll. w M..,Aen 1 I Aloe N Cor1h911 / I 4 T F 7-1 Central Alaska Construction 11c 0AA0106 111, -011254 CAC P.O. Dow 1994 StildnWa A hit-ka, 99669 (907)776-5515 jt 4 City of I' enn I it e e —Co r L lic 11 - P -r non r r. cox 1041 f Kenai, kinal-a 9161.1 June 5, .1986 it Subjects Stantlard ::rive, Thopipacti r tac P 1984 Vend Improvements, 'Itange Crdc.l* it I It 1clif ield Dear Sirs, If- cur '"1011-ttact with the City of Vcnat, the Owner it to prnvide us with crone-soctions l'or ti-r measure - oven t of utt-ttq nt- le 4,:-. cnvn t ton and it nal) ! v r xc mv rt ion TI-Car cross-sre Ll on.4 sill I n. I is o insure ti, P accuracy (I the TYP e I II r111111 t I t I C!l Tl-e quAnt it lea rot Icti I at oil by the Cwner ' s represent- }. itive's cannot to accurate! without. On alter excavation 4 cross -sections, and are not supported by either the Ctner's rroject I"fituords or the Contractors. v e aliprec into the. City or Penal brinr anxiour to V. I one out the Prej cirt , but we have yet. to I r informed as to l,ovi the 171 : y vi 1 1 assut r our rl pl; to to lie Iva Id under 1:1 e 11-intr act if we should final the Projerl: Sincerely, 11. RnfAryn "I'limms Centrnl Alasl:n Ccrst rios:t' lor. _.. CITY OF KENAI ,.ad eapd4d e� 41tu4a„ 210 FIDALOO KENAI, ALASKA M11 TELEMNE 293.7535 , 111014PSON PLACE sign and Inspection engineers, have ollnwinq items that you have e-subject project: intrnetnr's Affidavit of Payment intractor's Affidavit of Release )mpany to Final Payment (Not longed pay estimate No. 7 to reflect ley have calculated by the method of from cross -sections taken by the 3rovided you with the cross -sections rig how they have arrived at these provided you with the job records, Das-sections, and conotruction survey ova you these items, you were asked omissions and to get back to them. you. I r I 14urh time lion panned sinro the nn-n:te l+nct of I hnen completed. [loth the City end the engineer+ consistently requentinq the, fined pny ent.tmote , to finalize and clone out thin project. Enclosed is Check No. 52464 in the amount of $S represents finnl payment and interest on retetn project. We have received the "Project Complet Affidavit of Payment of pebtn end Ctnims" and " Contractor's Affidavit of Relencle of Liens" t.ho but please submit an executed copy of the Conne Company to l innl Payment. Sincerely, CITY OF KENAI Keith Kornelis, Director Puhlic Works Department KK/c1 f Enclosure cc: Surety insurance Services, Inc. (Bond No. Tim Roqers, City Attorney Will. J. Brighton, City Mnnnger Charlas A. Brown, Finance Director 2 L L A---L- 1 IF or KRIM • 21„Irr• l—) 11I1't ,+IA'WA"W,II i 722.49000.9093 F14AL 722.49000.809R MTERFST ON OtTAIN. i; s; E CITY KEMAI 210 FIDAI.60 KENAI, AT ASY.A 99611 •F 31 r•,.A• „t1r,• ,'r ,„� �•II1, ,� 7.•76R.52 426.51 1 nr: inn,, .00 .00 52464 till A'.' •I ,,t 2.76'1.17 426.51 NAIMIA1. HANK or AI.ASKA 52464 k1NAT RPM 1CH1 t •.,r nr• , rn, n,�nut,r t2'1 9 15 96 52#,464 E3#195.03 ****TIIREn THOUSAND ONE HUNDRED NINFTT FIVE DOLLARS 6 03 CENTS 1 1 CENTRAL AK COMSTRUCTTON P.O. 9OX 1504 SOLDOTIIlI A" - - -- - - 90659 CITY MA14AGER OR FINANCE DIM IOP VOID If NOT CASHED WITHIN 90 1-tA rS n'O S 246411' 1: L 2 S 200 S8 &1: 11• 20es,0 30 L 2611' - Pennington 8 Assooletes Construction Consultants 8400 Swanson Circle t*vNBUerAieske Anchorage, Alaska 99516 2 September 1986 19071345-5169 i ,t ' Kathryn Thomas Central Alaska Construction P. 0. Box 1594 Soldotna, Alaska 99669 Re: Richfield Project Dear Kathryn, This is to confirm our conversations over the last several months concerning computation of quantities, specifically Item 204 Classified Fill and Backfill, on this project. i' +; The contract called for in place measurement of this item "by the method of average end areas determined from cross - sections taken by the Engineer" (see Div 20.00 Article 5.5). While original ground sections were taken, no after exca- vation sections were obtained. The consultant for this project has made assumptions con- cerning usable and unusable material, subsidence and shrinkage to adjust embankment quantities computed from the original ground sections and templates. It is not possible to verify or refute the assumptions utilized. It is my understanding that the required cross -sections after excavation were requested by Central Alaska, but a mutual agreement to pay for Type III by load count to build 1 to subgrade supplanted the need for intermediate cross - sections. j I cannot concur with the consultant's unilateral decision to pay by modified sections instead of by load count. The truck measure method and the load counts were agreed upon at the time and should prevail. Ver truly yours, 2 David B. Pennin on J ., PE i a L �= F I a B-/ CITY OF KENAI %od ea#W " j 4"„ 210 PIOALGO KENAI, ALASKA 906" T"NONE 263.7535 MEMORANDUM TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Public Works Department DATE: August 29, 1986 FOR: COUNCIL MEETING OF SEPTEMBER 3, 1986 SUBJECT: STANDARD, RICHFIELD, THOMPSON CIP It has come to my attention that Ms. Kathryn Thomas has requested to be heard by our City Council concerning the above subject project. The problem is that the Contractor, Central Alaska Construction, feels that they are entitled to a larger quantity of Unusable Excavation and Type III material (sand) than what the inspecting firm, Wince-Corthell-Bryson has calculated. Unusable Excavation Type III Fill (Sand) UNIT PRICE CONTRACTOR Quantit Amount INSPECTOR Quantity Amount $2.75 300CY $825 50CY $137.50 6.00 6480CY $38,880 5377CY 32,262.00 TOTAL I39�705� I $32,394.50 Basically, the C�,ntract.or is asking for $7,305.50 more than what we have paid them. The final inspection on this project was September 26, 1985 (almost a full year ago). The City has been trying to close out this project and get this problem resolved. The Contractor has-been Raid in full for this project. I have revie;;a tGe Sapection rm s metF; d of determining the quantities and feel that they are correct. We have paid Wince-Corthell-Bryson to design and to inspect this project. They are the most knowledgeable party and we pay them to calculate these quantities. owl . IN y F Brighton August 291, 1986 1 Page 2 } Attachment No. A is the letter sent to Central Alaska Construction 4 when we mailed the final check. This letter waa reviewed by our City Attorney and Finance Director. We all three fait this was the _ best way to handle this situation. ' Attachment No. B is a letter from Wince-Corthell-Bryson outlining 4i the correspondence concerning this matter. I have not attached all the backup but it is available from Public Worke. .�t KK/ew cc: Wince-Corthell-Bryson Tim Rogers, City Attorney j Charles Brown, Finance Director Central Alaska Construction h i 1 i L 11 i E, ;4 '! -t V t 3 l CITY OF KENAI 4144a., NORIOAL00 KENM,ALASKA 0611 TELEPHONE 283. 7535 August 19, 1986 Ms. Kathryn Thomas Central Alaska Construction P.O. Box 1594 Soldotne, Alaska 99669 SUBJECT: STANDARD, RICHFIELD, THOMPSON PLACE Z9 Wince-Corthell-Bryson, the design and inspection engineers, have transmitted to the City the following items that you have submitted to them on the above -subject project: 1. Pay Estimate No. 7. 2. Project Completed Contractor's Affidavit of Payment of Debts and Claims. 3. Project Completed Contractor's Affidavit of Release of Liens. 4. Consent of Surety Company to Final Payment (Not Executed). -Wince-Corthell-Oryson have changed pay estimate No. 7 to re'lect the actual quantities. -that they have, aalcoilatRd by the method of c. r average end areas determined from crv*s-sections taken by the engineer. The engineer has provided you with the cross -sections and their calculations showing how they have arrived at these quantities. They have also provided you with the job records, daily reports, pre -design cross -sections, and construction survey notes. When the engineers gave you these items, you were asked to review them for errors or omissions and to get back to them. We have not heard back from you. 1 L " A { i3 t x:. h h (}if i i • f I �t. . � s �i Much time has passed since the on -site pert of this project has been completed. Both the City and the engineers have been consistently requesting the final pay estimate and the paperwork to finalize and close out this project. Enclosed is Check No. 52464 in the amount of $3,195.03 which represents final payment and interest on retainage on this project. We have received the "Project Completed Contractor's Affidavit of Payment of Debts and Claims" and "Project Completed Contractor's Affidavit of Release of Liens" that you submitted, but please submit an executed copy of the Consent of Surety Company to Final Payment. Sincerely, CITY OF KENAI Keith Kornelis, Director Public Works Department KK/clf Enclosure cc: Surety Insurance Services, Inc. (Bond No. B 162683) Tim Rogers, City Attorney Wm. J. Brighton, City Manager Charles A. Brown, Finance Director 2 L a] I r WINCE • CORTHELL• BRYSON CONSULTING ENGINEERS r0 son 1041 907-203-4672 } I KINAI, MASKA 99611 ` i City Of Kenai August 28, 1986 ; . 1 210 Fidalgo Street 7 Kenai, Alaska 99611 Subject: Richfield Drive Quantities y Central Alaska Construction -Contractor Attention: Keith Kornelis As requested I have reviewed our file on the subject project and have prepared a listing of events concerning the discrepency in Type III Borrow Quantities ` that the Contractor believes exists. I have also attached all correspondence Ate. related to this matter for your review. j " 9-26-85 Final Inspection. 10-85 Cross -sections and quantity calculations given to Contractor for their review same time in October. No transmittal memo available. Contractor advised us of discrepency at this time. 11-85 Meeting held at your office with Bill Joyce, Kathryn Thomas, Phil ` Bryson, and myself. I have no record of meeting on file, however, your i calander may have recond of time and date. Items discussed was method of measurement, load counts, and as builting of finished road. 12-11-85 Malones cross -sectioned eight (8) stations in cut and fill areas. i . ' Subsequent calculations found an additional 440 cy of Type III used to construct ditch and back slopes to improve drainage. Since the project r. benifited from work outside the template we added the 440 cy to the j neat line quantity calculations. -i 12-16-85 New survey and quantity calculations made available to Contractor for their review. 12-20-85 Contractor picked up notes at our office. } 1-15-86 Contractor submits pay estimate, however, would not provide release forms. !� 2-28-86 City returned pay estimate with instructions to resubmit estimate marked final and with release forms. 3-3-86 Contractor advised of City's position. 5 24-86 Contractor responds to zlar�`i 3rd letzNr with their documentation on this 1 3 matter. + 6-1-86 1 responded to Contractor's.letter stating the City's and our position on this matter. r 6-5-86 Contractor responds to June 1st letter. —_ _ - _ 99 8-8-86 Contractor submits pay estimate N7 again with release forms, however, Type III Borrow Quantities are based on their records. J The Contractor apparently is not going to change their position on this matter --- - - and quite frankly I'm at a loss as to how to convince them that the Quantity Calculations are correct. J. " i- ( Philip W Bryson P ! Alen N Cor:kell P ! • flank W Winc• ► ! -. A • .1•T'e r i H . 4 ;1 d t - Y �t I quess we will have to let them make their next move and continue to respond to whatever they come up with. If you have any questions, please call and I can meet with you at your convenience. Yours Truly, WINCE-CORTHELL-BRYSON 0, )hl'a' CASEY MADDEN, P.E. L CITY OF KENAI "Dll C?ap" 01 4"" 610 FID"O KEW AMBKA 00011 T"NONEM-76W j MEMORANDUM TO: Kenai City Council FROM: Janet A. Loper, Planning Specialist SUBJECT: Selection of Design for Eastern Entry Triangle Park (Leif Hansen Memorial Park) The Memorial Park Committee met on September 2nd with architect Carmen Gintoli to review the revised designs. The Committee unanimously agreed upon Sketch #2 which Mr. Gintoli will present to you this evening. The only change in this design will be the walkway leading from the Spur Hwy into the park and gazebo which will possibly be eliminated. This has come about as the result of the desire to go with a walkway at a width of 4' rather then 31. (Refer to Mr. Gintoli's memo item #2.) It was also noted that since the fountain will be done through money donated by Dr. & Mrs. Hansen, that the originally budgeted $3,000 could possibly be used to continue the walkway rather than eliminate it entirely. The walkway leading to the Spur Hwy from the gazebo will be considered in the bid documents as Added Alternate #1. The unapproved minutes are attached for your convenience. i W -I 0 IC r nu. ara V 4a nal o n S 1 0 J 6., .0 lte 330 130 Mdlr,�3 bay road,smiL 907 283.7732 August 28, 1986 is i Dear Landscape & Beautification Committee Members: My apologies for not being able to be present today. I will bring you up to date on what live found out since our last meeting on August 26, 1986. I urge that throughout your discussions you keep in mind the original intent of the project - offering the community a place to plant living memorials to loved ones. The final master plan decided upon M= facilitate this memorial park idea. le Concrete and asphalt cost the same amount for preparation of the ground and installation. Either can be requested without budget alterations. 2. We have enough money allotted for 830 lineal feet of concrete walkway if the walk is 3 feet wide. Sketch #1 is drawn based on a 3 foot wide walkway* if it is decided that a 4 foot wide walk would be better we can only have 630 lineal feet. If this is preferable, we can eliminate the walk to the gazebo from the Spur Highway to make up the difference. Note: The decision to make the walkways out of concrete is fine in my opinion. However,, there are drawbacks. If the intent is to provide a setting where people ca-n walk while viewing the as the walkway memorial - requesting concrete instead of d st.. - surface considerably -reduces the lineal �footage possible under current budget constraints. (Walkway footage was reduced by two !-1,iirds, leaving 830-lineal feet at 3 feet wide.) This is fine, allowing both sides of the pathway for plantingst 1600 feet can be utilized. Public response to the memorial plantings should be good and the spaces along the walkways _ _ could be filled soon. I suggest that we plan npij for additional walks that can be installed several years from now when planning spaces along the first walkways become full. ii 3* It has been suggested that the flag pole be located away from the center of activity i.e. the gazebo and the fountain in order to discourage vandalism. Sketch #1 shows the proposed flagpole/light location. (Pending figures showing exact location of electricity AL' lines). There are currently no funds budgeted for either a flagpole or lights for the flag. . L T �I Letter to Landscape/Beautification Committee August 28t 1986 Page 2 of 2 4. Both designs allow view -ways into the site. The location of trees will be established BO as to enable a person driving by the site to view the landscape, plantings, gazebo and fountain. S. Raised -bed summer accent gardens have been included to draw the eye to the park signs and pathways during summer months. 6. in order to provide for safe viewing at intersections, trees will not be planned for the park's corners. 7. it is my suggestion that alternatives to placing the gazebo near the Spur Highway be considered. if the structure's placement in that location is justified for only one day's use - the 4th of July - I suggest that a smaller, less expensive nice -looking and permanent structure be designed specifically for the 4th of July festivities. Service organizations in the area may be willing to donate materials and labor for the construction of such a structure. I would be willing to design a parade platform/ structure on my own time, free of charge. Advantages of above options a. Focal points (centrally placed gazebo fountain) of the park would draw people to the interior of the park and away from busy roadways. b. Not having a "main attraction near the Spur Highway would diminish traffic safety problems that could occur if passersby thought the entrance to the park was off the Spur Highway where there is no parking lane. 8. Fbuhtain Update: The Hansens We know met with me about fountain configurations. for certain that we will be able to afford the type of fountains desired, but are waiting on pricing booklets before making a final decision. 9. 1 recommend that the committee adopt Sketch #1 with provisions i`. ,�` made for future walkways. K1(m Width 1. Are the designs presented more what the committe 2. Do you wish to have 31 or 41 wide walks? Or of comments). 3. is the idea of placing the flagpole away f. activity and in a place visible from the Spur H,1 4. Are the view -ways sufficient? S. Where should the gazebo be placed? (See #7 for Add questions to be resolved below (as you see fit) 1 4 1: �l i J KENAI MEMORIAL PARK COMMITTEE BEAUTIFICATION COMMITTEE September 2, 1986 Senior Citizen's Center Tim Wisniewski, Chairman NOTE: The Memorial Park and Beautification Committees met jointly 1. ROLL CALL Present: Bailie, Hakkinen, Mrs. Hansen, Jackson, Selby, Sheldon, Wisniewski Absent: Hildebrandt, Nelson, O'Reilly Also Present: McGillivray, Director, Parks & Rec; Loper, Planning Specialist 2. APPROVAL OF AGENDA No agenda used - one item for discussion 3. APPROVAL OF MINUTES of August 26, 1986 Minutes were approved as submitted 4. OLD BUSINESS A Discussion: Recommendations for Memorial Park Projects The Committee had requested the architect return to this meeting with a revised design which would include those comments from the last meeting. Mr. Gintoli presented that revised drawing and further explained the revisions. The Committee had requested concrete walkways -and aske& Mr. Gintoli to design as much walkway as possible given the amo:mt of money set aside for walkways. Mr. r, 3intol-ipresented sketch 11 which depicted a much smaller area, howevezo, still kept the theme of a meandering path and would still be in the same amount of money. In Sketch #1, the gazebo and fountain are separated but connected by the walkway. The flagpole is at the western end of the park. Sketch $2 placed the gazebo closer to the Spur Hwy. The Committee eliminated Sketch N1. The Committee asked about the design for the gazebo. While the gazebo design was not completed, Mr. Gintoli was able to do a rough sketch, the Committee approved of the sketch and asked Mr. Gintoli to continue along those lines. Mr. Gintoli informed the Committee that Dr. & Mrs. Hansen had picked a design for the fountain, it will be in the $3,000 range and will have a plume which will reach approximately 18' high and will include a wide spray as well. The $3,000 will cover the mechanics of the fountain. Dr. & Mrs. Hansen and Suzanne Little ai are awaiting a letter from the manufacturer before proceeding. 0 L F MEMORIAL PARK COMMITTER BEAUTIFICATION COMMITTEE September 2, 1986 Page 2 The Committee inquired about the planting plan, Mr. Gintoli assured the Committee that the planting plan will be forthcoming after the Council has approved the design sketch. The Council will be meeting Wednesday evening, September 3rd. Mr. Gintoli will be at that meeting to present the sketches and this Committee's recomendations at that meeting. Chairman Wisniewski asked if Mr. Gintoli if he would be designing the sign also, answer yes. It will be similar to those already used by the City, example: the Library sign. The Committee next discussed the plaques, again suggesting that a common, hopefully, non -destructible material could be used. It was further suggested that a cement type material be used and placed according to the planting plan and at the time of donation, the material can then be engraved or sandblasted. The Committee unanimously agreed with this suggestion. b Airport Triangle Park Project The Committee has been concerned in that no word has come from Mr. Boysen concerning the ordering of the railroad ties or the project. Mr. Boysen has been sent agendas and has had contact with Planning Specialist Loper, however, has not responded by coming to the meetings or by letter or phone to the Committee. Chairman Wisniewski and Councilwoman Bailie as well as Planning Specialist Loper will attempt to contact Mr. Boysen or Mr. Knight prior to the next meeting. 5. ADJOURNMENT There being no further business, the meeting was adjourned. The Committee will meet Next Vuead-11Y, September 9th, noon, in the City Nall Conference Amm. Janet A. Loper, Planning Specialist Secretary to the Committee a L F1 71 C . I Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1110-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING TWO NEW EMPLOYEE CLASSIFICATIONS. WHEREAS, the City Manager, rather than replacing the Land Manager who recently resigned from the City, has temporarily promoted two employees to higher -level positions to perform the duties of the former Land Manager; and, WHEREAS, it is expected that the City Manager will make these positions permanent in February 1986. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.50.010(b) be amended as follows: (b) ADMINISTRATIVE SUPPORT 201 Department Assistant 1 3 202 Department Assistant II 7 203 Administrative Assistant 1 8 204 10 Accounting Technician I 205 Accounting Technician II 1116 i. 206 Accountant 207 Legal Secretary 1 9 11 208 Legal Secretary 11 1112 209 Legal Assistant 210 Administrative Assistant 11 9 211 Administrative Assistant ill 12 J PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thia-f- day of 1986. TOM WAGONER, AYOR ATTEST: Janet Whelan, City Clerk First Reading: January 22, 1986 Sec-ond- Reading: February 5, 1986 Effective Date: Approved by Finance: e4d C �11 (i 1/7/86 j f o__ 1; 1 l((i n j ' 1 ii c-J MEMO TO: City Council FROM: Charles A. Brown, Finance Director eGGj DATE: August 28, 1986 SUBJECT: Ordinance 1110-86 This ordinance was introduced to change the titles and pay of two employees. Since that time, we have had a classification plan/salary study completed. The study confirmed the new pay ranges, but recommended different titles. Please amend the ordinance as follows: "amend by changing Administrative Assistant It to Administrative Specialist and by changing Administrative Assistant III to Administrative Assistant." L Suggested bye Planning b Zoning CITY OF KENAI ORDINANCE NO. 1132-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 14 WITH THE ADDITION OF CHAPTER 14.30 ENTITLED "SITE PLANS". WHEREAS, the 1980 Comprehensive Plan presented criteria for creating a Site Plan ordinance (21.76.200) which would deal with a Site Plan Ordinance; and, WHEREAS, the Kenai City Council directed the Kenai Advisory Planning 6 Zoning Commission to work with the draft presented and return a recommendation; and, WHEREAS, the Landscaping Review Board, Old Town Committee, and the Planning Commission have all worked together and created the draft before the Council at this time and feel it meets the needs and desires of the Council P and Community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section is The Kenai Municipal Code Title 14 be amended by adding 14.30. as defined by Exhibit A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this�day of .Tenth .5ve-- 1986. TM W` WAGONER, AYOR First Reading: May 7, 1986 Second Reading: May 21, 1986 Th Reading: June 4, 1986 Effective Oates July .A, r L a A 1 {r 4" 1' ti F.h4/ A Chapter 14.30 SITE PLANS Sections: 14.30.010 Intent 14.30.020 Applications 14.30.030 Submittal Requirements 14.30.040 Site Plan Performance Criteria 14.30.010 Site Plans: Intent: It is the intent of this section to provide for orderly and safe development of the City commensurate with protecting the health, safety, and welfare of its citizens, and adequate end convenient open spaces, light, and air, in order to avoid congestion of commercial and industrial areas. 14.30.020 Applications (a) This section shall apply to all commercial and industrial development within the City of Kenai. An applicant for a City of Kenai building permit in a General Commercial (GC), Central Commercial (CC), Heavy Industrial (IN), or Light Industrial (IL) zoning districts, shall, in conjunction with submittal of a landscaping plan as required by KMC 14.25.010.070, submit a proposed site plan detailing the development to the City of Kenai Planning 4 Zoning Commission for approval accompanied by the application which shall contain pertinent data for review. It shall be unlawful for any person to construct, erect or maintain any structure, building, fence or improvement, including landscaping, parking and other facilities on property designated as a commercial tract or Townsite Zone unless such improvements are constructed or reconstructed in a manner consistent with the approved commercial/Townsite tract site plan. 14.30.030 Site Plan - Submittal Requirements: Three copies of the site plan shall be submitted to the Building Official in conjunction with a request for building permit in compliance with this section. The site plan shall be prepared at a minimum scale of 1" = 20'; and shall include the following information: a) The vicinity of the property .that :i.s the. ctubject of the application, showing that property in relation to the surrounding neighborhood and major streets and utilities; b) The location and type of existing land uses and structures; c) Description of buildings, including building height, ground floor dimensions, kinds of building materials, type of archi- tecture anticipated; d) Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property which may restrict development or drainage. I 1 !t + 1 I 14.30.040 Site Plan - Performance Criteria (a) Objectives } An effective site plan should utilize a variety of techniques for J achieving the intent of this ordinance. The appropriate placement or retention and improvements of buildings, parking lots, etc. should be considered on the site plan. (b) Buildings: A Commercial or industrial use housed in the building is to be compatible with the surrounding properties, Land Use Plan, and should not devalue the surrounding properties nor be hazardous to 1 _ the health, safety, and welfare of citizens. (c) The Site Plan shall list any special permits or approvals which ! may be required for completion of the project. (d) Parking Lots: referenced on the Site Plan shall comply with to } 14.20.250 (e) Snow Storage/Removal and Drainage as referenced on the Site Plan shall be compatible with the surrounding area. L L as 4 i; It u t t4 1 CITY OF KENAI „ ; 7od ea2�l o� �0� MO RBAL00 KENA1. ALASKA =11 TELEPHONE M- 7535 June 17, 1986 TO: Landscape Board 0� FROM: Janet Whelan City Clerk RE: Ordinance 113 -86 At the June 11, 1986 work session, the following amendments were made to the ordinance: 14.30.030 (a) Add the words "within 300 ft." after the word "property" in the first line. 14.30.030 (c) Delete the words "kinds of building materials." 14.30.040 (b) Sentence will read in its entirety, "A commercial or industrial use housed in the building is to be compatible with the surrounding properties, Land Use Plan, and not be hazardous to the health, safety and welfare of its citizens. General recommendations of Council were: 1;— The Landscape Board should be combined with the Site Plan .Committee and P&Z. 2. There should be a penalty if they do not conform. 3. The Site Plan ordinance should be combined with the Landscape ordinance. 4. This is not a site plan, it is an architectural review. I have also enclosed a memo from Building Inspector Hackney regarding this ordinance. jw '- MEMORANDUM # TO: Janet Whelan, City Clerk I; 5 FROM: Howard Hackney, Building Inspector - - - - DATE: June 16, 1986 SUBJECT: ORDINANCE 1132-86 - SITE PLANS Sec.14.30.030. The site plans should be subm end Zoning Specialist. She is the Planning sets up the agenda for the meetings, sends out the packets and sees j that material is at the meetings as needed. .�k 1 HH/aw t L L CITY OF KENAI --� 210 FIOAL00 KENAI, ALASKA N611 TBLFPNONB 26,3 - MB i June 17, 1986 r I TO: Landscape Board ,% + FROM: tenet Whelan �J City Clerk RE: Ordinance 113 -86 At the June 11, 1986 work session, the following amendments were made to the ordinance: 14.30.030 (a) Add the words "within 300 ft." after the word "property" in the first line. 14.30.030 (c) Delete the words "kinds of building materials." 14.30.040 (b) Sentence will read in its entirety, "A commercial or industrial use housed in the building is to be compatible with the surrounding properties, Land Use Plan, and not be hazardous to the health, safety and welfare of its citizens. General recommendations of Council were: 1� The Landscape Board should be cumbinAd with the Site Plan Committee and P&Z . 2. -There should be a penalty if they do not conform. 3. The Site Plan ordinance should be combined with the Landscape ordinance. 4. This is not a site plan, it is an architectural review. I have also enclosed a memo from Building Inspector Hackney regarding this ordinance. jw Lim L b- ,j { C- �a Suggested by: Planning & Zoning CITY OF KENAI ORDINANCE NO. 1132-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 14 WITH THE ADDITION OF SITE PLANS. j WHEREAS, the 1980 Comprehensive Plan presented criteria for creating a Site _ Plan ordinance (21.76.200)t and, WHEREAS, the Kenai City Council directed the Kenai Advisory Planning 8 Zoning Commission to work with the draft presented and return a F recommendation; and, WHEREAS, the Landscaping Review Board, Old Town Committee, and the Planning Commission have all worked together and created the draft before the a' Council at this time and feel it meets the needs and desires of the Council (i and Communityt and, ' WHEREAS, the Planning & Zoning Commission held public hearing an this proposed ordinance August 27, 1966, hearing no objections and no corrections, the Commission recommends approval. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follower 1 Section is The Kenai Municipal Code Title 14 be amended as defined by Exhibit A, i Draft V. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of September, 1986. ATTEST: Janet Whelan. City Clerk TOM WAGONER, MAYOR First Reading: May 7, 1986 Second Readings May 21, 1986 adings June 4. 1986 oru adings September 3. 1986 \t31 ve Oates October 3, 1986 L L -i I w �r a i` s s� i CITY OF KENAI Od e4edd aj A" 210 FIDALOO KM, AL"KA M11 TELEPHONE 283.7535 MEMORANDUM TO: Kenai City Council FROM: Janet Loper, Planning Specialist SUBJECT: Ordinance 1132-86 Substitute DATE: August 28, 1986 On July 15, 1986, the Landscaping Review Board, the Planning 8 Zoning Commission, Councilman Hall, and Councilman Wise met jointly to discuss the proposal by Council to combine the duties of the two bodies. It was the concensus of the two bodies that the interests of the public and developers would be best served if the two bodies remained separate and that the Landscaping Review Board absorb the duties of the Site Plan Ordinance and the review of the Townsite Historic Zone as recommended by the Old Town Committee. Since that time, Section 14.25 concerning the Landscaping Regulations have been redrafted and a public hearing held. The result of these efforts appears before you -as the Substitute Ordinance.• It should also be noted that the new draft includes the suggestions cf -the building Inspector. i i _a {t - I; - rea ;i Sections `z 14.25.010 ' 14.25.020 14.25.030 ---- ' 14.25.035 14.25.040 �. 14.25.045 14.25.050 14.25.060 14.25.065 �i 4.25.0 0 ui 14.25.080 14.25.090 V 14.25.100 14.2 5.010 3(a) Site orderly and saf health, safety. open spaces. li id tit 7/f 14.25-14.25.035 Chapter 14.25 LANDSCAPING AND SITE PLAN REGULATIONS j F Intent Application Landscaping/Site Plan - Submittal Requirements Landscaping_Site Plan Landscaping Plan - Performance Criteria Site Plan - Performance Criteria LANDSCAPING Site Plan Review Board Completion--- Landscaping Plan Completion - Site Plan _ Modifications xpiration Penalties Definition - Landscaping ntent: nee i► ie tho intent of thin aeetion to orovide for n us (W. b) Landscaping Plans: It is the intent of this section to provide for landscaping and/or the retention of natural vegetation in conjunction with { commercial and industrial development within the City of Kenai. The { general purpose of landscaping is to visually enhance the city's appearance, maintain or increase property values. and reduce erosion and . storm runoff. (Ord 1094) 14.25.021,i A ,lication: Thib,ser,tion -shall -apply. to:all. commercial ' and -industrial dervmelapnient within -the -City nf,.Kenai and shall apply to both the lands apina3nd site plena: "Commercial development" shall be defined as any improvements requiring a building permit for construction of $10,000 or more located on properties within the Central Commercial (CC), General -=1 --:--- --- Commercial (CG), Heavy Industrial (IN) and Light Industrial (IL) zoning ' } districts. (Ord 1094) it shall be unlawful far any person to construct. _ ..... _ ____..____ ._:. -_ erect or maintain any structure, bu _ landscaping, parking, and other fag s. commercial tract unless such improv $` in a manner consistent with the sop yr ..1 (} 4, I 1: L L A-- , Y if a� f. 14.25.030 Landscaping/Site Plan - Submittal Requirements.: Three (3) copies of the landscaping plane all be submitted for approval to the Planning (AND ZONING] Specialist prior to the issuance of a building permit. One copy of the approved plans shall be returned to the applicants one copy filed% and the third copy showing action taken, filed with the Building Official. The landscaping plan shall be prepared at a minimum scale of 1112 20' and shall include the following informations (a) Common and scientific name of the planting materials to be used in the project (b) Typical planting details (c) Location of all planting areas and relationship to buildings, parking areas, and driveways (d) Identification and location of existing vegetation to be retained (e) Identification and location of non -living landscaping materials to be used (f) Identification of on -site snow storage areas (g) Drainage patterns (h) Description of buildings. -including building height, ground 14.25.035 Landscaping/Site Plans The City requires submittal of a preliminary site plan and approval by the Landscaping Review Board prior to any land clearning and/or tree cutting. (Ord 1094) 14.25.040 Landscaping Plan - Performance Criteria: (a) Objectives:for Landscaping Plans An effective landscaping plan should utilize a variety of techniques for achieving the intent of this ordinance. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior, and parking lot landscaping should be included as components of the —overall landscaping plan. (b) Perimeter Landscapingi Perimeter landscaping involves the land areas adjacent to lot linen within the.property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent land uses. Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles. (c) Interior Landscaping: Interior landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement land- (_1 i E . scaping is recommended to accent or complement buildings, to } ( identify and highlight entrances to the site, and to provide for E attractive driveways and streets within the site. (d) Parking Lot Landscaping: Parking lot landscaping involves the land areas adjacent to or i within all parking lots and associated access drives. Parking i lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. (a) Maximum Required Landscapings The Landscaping Review Board shell not require more than five ># = rt percent (5%) of any Project area to be landscaped. - '•` (f) Review: The Site Plan Review Board may reconsider plans after they have been approved if problems arise in carrying out the landscaping/site plan as originally approved. 14.25.045 Site Plan - Performance Criteria }. (a) Objectives: An effective site plan should utilize a variety of techniques for achieving the intent of this ordinance. The appropriate placement or retention and improvements of buildings, parking y " lots, etc. should be considered on the site plan. j (b) Buildingss i A Commercial or industrial use housed in the building is to be compatible with the surrounding properties, Land Use Plan, and not i be hazardous to the health, safety, and welfare of citizens. I (c) The Site Plan shall list any special permits or approvals which may be required for completion of the project. (d) Parking Lotss referenced _ i..... on the Site Plan shall comply with 14.20.250 (a) Snow Storage/Removal and Drainage as referenced on the Site Plan shall be compatible with the surrounding area. s 14.25.050 Landscaping/Site Plan Review Boards (a) Membership, Qualifications, Terms, and Ruleat ,l { The Landscaping/Site Plan Review Board shall consist of not less then five -members who shall serve without pay. Members shall be appointed by the Mayor and confirme&hy the Council-. Members shall be appointed for a term of three years, excepting the , t3:,1mburs who.shall be appointed forca one:"two, or three term. •'The Board shall elect a chairman, vice-chairman, and ; cler fA MAJORITY OF THE MEMBERSHIP SHALL CONSTITUTE A QUORUM R E PURPOSE OF TRANSACTING BUSINESS.1 A quorum, for the j ur ores of transacting business shall consist of a minimum of - =- - - -- two 2 members. (b) Meetings and Proceedings: The Board shall meet to review and take action on a landscaping i # _._.........- - and site plan within fourteen (14) days of satisfactory submittal to the BUILDING OFFICIALI Planning Department. The Building Official shall issue a building permit upon approval of the 1 associated landscaping site plan by the Board or the expiration f .a..• of 14 days without official Board action, providing all of the i other requirements for the issuance of a building permit have �i been met. Any appeal of the action of the Board shall be 3' submitted in writing to the Kenai City Council. (Ord 1077). 9 14.25.060 Co letion - Landscaping Plan All required landscaping as presented in the approved landscaping plan snail be installed prior to the issuance of the Certificate of Occu anc b the Buildin Official. WITHIN ° NINE 9) MONTHS OF THE COMPLETION OF THE BUILDING CONSTRUCTIUN.1 The • Planning Specialist or any member of the Board may(SHALLI make the final inspection to verify the completion of the required landscaping. In the event that the landscaping has not been completed upon request for the Certificate of Occupancy, the Building Official may (entertain application ,.j for a one-time termporary nine (9) month Certificate of Occupancy which , shall be subject to approval by the City Council.l grant a temporary certificate not to exceed nine (9) months. 1 ` h 14.25.090 Penalties: Penalties for non-com Hance witn Lnin ' cater shall be as se orth by KMC 14.20.160. ry% 14.t�.100 Definition Landscapinas. "Landscaping" means the - treatment of.the ground surface with live planting materials, including but ii not limited to, trees, shrubs, grass, ground cover or other growing r,= horticultural material. Other materials such as wood chips, stone, or decorative rock may also be utilized. A list of recommended landscaping materials shall be provided by the City of Kenai. (Ord 1037) (14.25.0701 14.2� 5.080 Expiration: If construction of the project has not started within 180 days of approval of the landecope/sits plan, the approval shall lapse. F ., d C —3 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1160-86 AN ORDINANCE OF THE CITY OF KENAI, ALASKA, CHANGING SECTIONS 17.20.010 and 17.20.011 OF THE KENAI MUNICIPAL CODE REQUIRING A MANDATORY WATER CONNECTION FOR ALL STRUCTURES WITHIN 200 FEET OF THE CITY WATER SYSTEM AND ABANDONMENT OF THE OLD WELL(S) SERVING THESE STRUCTURES. WHEREAS, in many areas of Kenai the City has run water and sewer lines to serve the public, and WHEREAS, the cost of maintaining and operating these lines are borne by the users of the system, and WHEREAS, the Alaska Department of Environmental Conservation will not issue the sewer operating permit for the new lines without assurances that private wells within a specified distance are properly abandoned, and WHEREAS, requiring mandatory water connection and abandonment of private wells when the public water system becomes available is in the best interest of the City. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Sections 17.20.010 and 17.20.011 of the Kenai Municipal Code be changed as follows: 17.20.010 Mandatory Connection: It shall be mandator for all structures sussce`ti a to 'Fe or curren e n a source from wh1c5 we er is being used. to be connected to the pu c water system provided thatan ar o e structure s or s o be within 200 rest or an existing water main. Such stance shall a measure a straight line no w s an ng t�ho ossi a im'ra-ticsIiiv of surh being t he -necessar distance of line, beinrequ'Lrej. It shall a macs au tort gfor the owner# operator, or users of -a' )rivate well supplying water to a building [serving the public in any manner] -to arrange and to [any] pay for connection of said structure of facility-7o TRe available municipal water system and the abandonment of well(s) no longer bein utilized. Connection to the city water 4istribution system and abandonment of old well(s) shall be as specified by ordinances and regulations of the City of Kenai, and applicable law and regulation of the State of Alaska relating to use of and connection to public water systems and abandonment of old wells. (KC 17-68) a 71 _ 5 ,{ P S w , 17.20.011 Mandatory_, CChhar�lon: Each lot or parcel of lend which abuts upon a s ree or other public way containing a public water main or a public water aystem, which lot or parcel of lend contains any structure susceptible of using or currently using any water system and which is or is to be within 200 feet of an existing public water main or public water system, shall be required to connect to the ublic water system and shell be charge a prove ng monthly amountor pu c water services. [whether or not said lot or parcel actuallyconnect to tT a public water main or public water system.] (Ord 816) ASSEO BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of eptember, 1986. OM GO , A OR ATTEST: (� enet a an, My C er First Reeding: August 6, 1986 Second Reading: August 20, 1986 Third Reading: September 3, 1986 Effective Date: October 3, 1986 i 4 § Written by Public Works s 2 L L f . i` i- # i w _ .q , _1 1 F CITY OF KENAI eardw 0j 41" 210 FIDALOO KENAI, ALASKA 00011 - TELEPHONE 208. M5 MEMORANDUM TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director FOR: CITY COUNCIL MEETING OF AUGUST 6, 1986 DATE: 3uly 30, 1986 SU83ECT: MANDATORY WATER HOOK-UPS ADEC will not allow the City to operate our new sewer system MAP project because of the possibility that there could be p{ wells within the required separation distance between a well sewer lines (this distance can vary from 75 to 100 feet). Li all the wells in the area could be rather costly and may not necessary if we enact the proposed ordinance changes attache, this memorandum. I think ADEC will be satisfied if we requi mandatory water connections to our water system and abandonm the old private well(a) prior to the operation of the City a mains. Our present Code requires that if there is a structure susceptible of using water within 200 feet of our main, we charge them the prevailing monthly rate. However, our Code does not require them to connect and abandon their well. Attached are pages 17- , 7, and 8 of our.Ker.oi Code as it is'premently written. I have written this ordinance that males charirjos- to 17.20.010 and 17.20.011 and I would suggest we present it to Council at the August 6, 1986 meeting. This is desperately needed and needed immediately. KK/aw Attachments L { i .i; ,j I 4. 3 u. bs-4wm. . 0 e a BILL SHEMELD, GOVERNOR DEPT.OF ENVIRONMENTAL CONSERVATION telephone: (907) Add►eu: 262-5210 P 0 Box 1207 Soldotna, AK 99669 November 13, 1985 eb�l Bruce Robson �, McLane I Associates, Inc. P.O. Box 468 L Soldotna, Alaska 99669 Re: M.A.P. 1985 Water and Sanitary Sewer Improvements Dear Mr. Robson: This office received supplementary information concerning the above referenced project on October 29, 1986. Items 1 and 2 of my letter of September 6, 1985, have been satisfactorily add- ressed. Concerning the encroachment of the proposed newer extensions into existing Protective well radii, again I am unable to approve of these plans until this matter has been satisfactorily addressed. The wells in question must be specifically identified and located. Special sewer line construction practice may allow the required separations to be waived to lesser distances. If not, this office must be assured that these wells will be abandoned prior to operation of the sewer mains. The present city ordinance does not require connection to an existing water main, nor abandonment of wells no longer being utilized. If the wells are to be aband- oned, then either a registered engineer must verify that proper abandonment pro- cedures have been conducted, or a city ordinance must be enacted providing a means of assuring that proper well abandonment procedures will be exercized. Please contact this office if there are any questions. Sincerely, Ci... . r Paul D. Norwath Environmental Engineer 17.10.050-17.15.010 17,10,050 Frozen Connectigns and Extgnsionss Customers will be responsible for all frozen sewer connections and extensions, and the City will not be responsible therefor. The City will maintain sewer connections, except for damages resulting from freezing. The City will in no way be responsible for sewer extensions. (KC 17-61) 17.10.060 Bi_ssconttnuance of Services The City may at any time without notice discontinue sewer service for repairs and the like without liability for resulting loss or damage. Public notice of service interruptions will be given whenever possible but the City shall not be bound to do so. KC 17.10.070 Rules, Regulations, and Rates: The City Administrator is hereby empowered, subject to approval by the Council, to make such rules and regulations required for operation of this system, not in conflict with the provisions of this Code, relative to sewer mains, - connections, and extensions which will be served directly or indirectly by the City sewage system as are necessary to protect public property or the safety or health of the public, and to establish rates for sewer billing and collecting for the support of the system, and no person shall fail to comply with any such rule or regulation. (KC 17-63; Ord 686) Sections: :. r as.01�.1 - - mandatory connection. ..17.15.020- Connection standards. 17.15.030 Connection payment. 17.15.040 Private self-contained sewage disposal systems. 17.15.010 Mandatory.Connection: It shall be mandatory -- - - — --- for all structures susceptible to being or currently being a # (City of Kenai Supp. 9 - 6/10/81) 17-6 L i 17.15.-Rt1-17.20 (-a source from which sewage may or is being generated, to be connected to the public sewaqe system provided that any part of the structure is or is to be within 200 feet of an existing public sewer main. Such distance shall be measured by a straight line notwithstanding the possible impracticality of such being the necessary distance of line being required. (KC 17-64; Ord 394) 17.15.020 Connection Standardst Private sewers intersected _. by municipal sewer lines shell be connected to said private sewer s lines as provided by rules and regulations of the City of Kenai. That in the event such connection repairs complete replacement of so-called "private sewer line," then in that event the owner thereof shall have that portion (not including the connection to -- the City water main) replaced with installations conforming to the standard of construction prescribed by this Code within one year from the date of the initial connection to the main sewer trunk. (KC 17-65) 17.15.030 Connection Payment: Connections of private sewer 'lines of laterals -tomu-niciPai sewer lines or systems shall be paid for by the owner, operator, or user. In the event it is 1 necessary in the interest of public health and welfare to connect a private sewer line before finding and notifying the owner, then the City may do so and may charge the cost of such connection to the owner, operator, or user of said private sewer line. (KC 17-66 ) 17.15.040 Private Self -Contained Sewage Disposal Systems: Any private sewage systems which are self-contained on the premises of any one owner shall be replaced by a connection to the municipal sewer in not less than 12 months from the date when such service becomes available to the premises in question. (KC 17-67 ) {I Chapter 17.20 CONNECTION TO PUBLIC WATER SYSTEM Sections: 17.20.010 Mandatory connection. 17.20.011 Mandatory charges. 17-7 (City of Kenai Supp. #23 - 7/20/83) L L i if i W f: 4 i : • i t:. 1 i 4 I i _ t y 1 1- r 17.20.010-17.20.030 17.20.020 Connection payment. 17.20.030 Private self-contained water systems. 17.20.040 Persons authorized to accomplish connections. 17.20.050 Penalty. 17.20.060 Charges in lieu of assessments. 17.20.070 Connection charges to sewage collection system. 17.20.010 Mandatory Connection: It shall be mandatory for the owner, operator, or users of a private well supplying water to a building serving the public in any manner to arrange any pay for connection of said structure of facility to the available municipal water system. Connections to the City water distrib- L•tion system shall be as specified by ordinances and regulations of the City of Kenai, and applicable law and regulation of the State of Alaska relating to use of and connection to public water systems. (KC 17-68) 17.20.011 Mandatory Charges: Each lot or parcel of land which abuts upon a street or other public way containing a public water main or a public water system, which lot or parcel of land contains any structure susceptible of using or currently using any water system and which is or is to be within 200 feet of an existing public water main or public water system, shall be charged the prevailing monthly amount for public water services, whether or not said lot or parcel actually connects to the public water main or public water system. (Ord 816) 17.20.020 Connection Payment: Mandatory connections of private water systems to the City water system shall be paid for by the owner, operator, or user. In the event it is necessary in the interest of public health and welfare to connect a private water line before finding and notifying the owner, then the City may do so and may charge the cost of such connection to the owner, operator, or user of.the said private water supply system. (KC 17-69) 17.20.030 Private Self -Contained Water Systems: Any private water system which is self-contained on the premises of any one owner which supplies a facility serving the public in any manner shall be replaced by a connection to the municipal water system not later than September 1, 1966. (KC 17-70) f 17-8 l J (City of Kenai Supp. 023 - 7/20/83) L L L F� • �* t,�IOR�No ScJgST �TuT� � w 'roll sr�o C 3"a ��° � o Mir E AF r TO Suggested by: Administr 10616 �dA `�` CITY OF KENAI vN ORDINANCE NO. 1160-86 AN ORDINANCE OF THE CITY OF KENAI, ALASKA, CHAN N ECTIONS 17.20.010 and 17.20.011 OF THE KENAI MUNICIPAL ODE REQUIRING A MANDATORY WATER CONNECTION FOR ALL STRUCTURES WITHIN 200 FEET OF THE CITY WATER SYSTEM AND ABANDONMENT OF THE OLD WELL(S) SERVING THESE STRUCTURES. s WHEREAS, in many areas of Kenai the City hoe run water and sewer lines to serve the public, and WHEREAS, the cost of maintaining and operating these lines are borne b the users of the system, and Y Y + f, WHEREAS, the Alaska Department of Environmental Conservation will i not issue the sewer operating permit for the new lines without assurances that private wells within a specified distance are properly abandoned, and ?! - WHEREAS, requiring mandatory water connection and abandonment of private wells when the public water system becomes available is in 3 the best interest of the City. I 1 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Sections 17.20.010 and 17.20.011 of the Kenai Municipal $' Code be changed as follows: 17.20.010 Mandatarx Connection: It shall be mandatory for all structures susceptible to e n or currently beinqa source from i= er A-a-beina used to be connected to the pubi c x ,j �j1E # water system rovi a structure. is- A w� No 7" t within 200 feet o an exist n .0 is wa a n. be mega- uc"wiithb :.1 itl :� o°ss a ii�pr?�ct3ca t�r ar �,ch '�aa•U the �ecessa:J.. 4 ais:ancc of line bei_nry_=_c"fgi�ir.1 . * it shall ba ma�nd_8v3ry -ior the owner, operator, or users of a private well supplying water La a building [serving the public in any manner] to arrange and to [any] pay for connection of said structure of facility to �..;. }. Tie available municipal water system and the abandonment of + well(s) no longer being utilized. Connection to e City water r + stribution system and abandonment of old well(s) shall be as !;J specified by ordinances and regu ations of the City of Kenai, ` and applicable law and regulation of the State of Alaska relating to use of and connection to public water systems and abandonment of old wells. (KC 17-68) �. • ' �'i: /' Tpssrs�ariRE �s •eeawrd'o •ry A tdT' 1 OR �A�Ci�G OF tAAJO wM�GN Al►tl►f ? opo"1 A• wader o-t •:wait "4116", W A y t o.v TO 000 A /aeuc w �,rl�t �.�r opt ri+ta.it Lv*fl t -21&1 l A. s- a i k 3 .� 1j1j1j5 t ' 1 .20.011 Mandatory Charges: Each lot or parcel ofoWed which a on a street or other public way conte a public water m a public water system, of or parcel of lend contains any a suscept using or currently using any water sys rich is or is to be within 200 feet of an exis publ c main or public water system, shell b uired to connect ublic water system and shal c arged the preva ng mant y for pu c ws ery ces. (whether or not said lot or parcT actu connect to tT;e public water mein or public watljjj�nem. (Ord 816) PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September, 1986. TOM W CON R, YOR ATTEST: anet Whelan, City Clerk First Reading: August 6, 1986 Second Reading: August 20, 1986 Effective Date: September 20, 1986 Written by Public Works:_ 2 7 all Substitute: C3-a Suggested by: Administration CITY OF KENAI ORDINANCE NO, 1160-86 AN ORDINANCE OF THE CITY OF KENAI, ALASKA, CHANGING SECTION 17.20.010 AND DELETING SECTION 17.20.011 OF THE KENAI MUNICIPAL CODE REQUIRING A MANDATORY WATER CONNECTION FOR ALL STRUCTURES THAT ARE BEING SERVED BY A WELL WHICH IS WITHIN 200 FEET OF THE CITY WATER SYSTEM AND ABANDONMENT OF THE OLD WELL(S) SERVING THESE STRUCTURES. WHEREAS, in many areas of Kenai the City has run water and sewer lines to serve the public, and WHEREAS, the cost of maintaining and operating these lines are borne by the users of the system, and WHEREAS, the Alaska Department of Environmental Conservation will not issue the sewer operating permit for the new lines without assurances that private wells within a specified distance are properly abandoned, and WHEREAS, requiring mandatory water connection and abandonment of private wells when the public water system becomes available is in the beat interest of the City. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,. ALASKA, that Section 17.20.010 of the Kenai Municipal Code be changed as follows and that Section 17.20.011 of the Kenai Municipal Code be deleted: i 17.20.010 Mandatory Connection: It shall be mandatory for all structures ausceotioie to being or Curren being a source from wh c water s e n use to -be connects o e u c ..water s-ys, em prov ,e t a e we ' sera n mils: a ruc ure s i wlthlnMofeet of'Sri P�.xc water and.sewer main ii the st r_u_,cture,.ed�on a ; lnk or a garaei of land ice abuts u on s�9_tr_eet or� other ,u�.l:ic wx containin a uGli' water main or a oubilc wets-r s steme Such distance Shall be measureO bX a straignt line notwithstandLng,the possible m rec ca o suchDoing a necessarydistance o ins belngrequirea. jr, shall e mandatory For the owner, operator, I or users of a private well supplying water to a [building] structure [serving the public in any manner] to arrange and to any pay for connection of said structure [of facility) to the available municipal water system and the abandonment of well(s) no longer being utilized. Connect on to the CIty water 1 i L s r. ti - -T r - jf v <' a I a ti ,r distribution eyetem and abandonment of old well(a) shall be as specified by ordinances an regu a ons of the City of Kenai, and applicable law and regulation of the State of Alaska relating to use of and connection to public water systems and abandonment of old wells. (KC 17-68) PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of September, 1986. TOM A ONE , RAVOR ATTEST: anet a an , C y C er First Readings August 6, 1986 Second Readings August 20, 1986 Third Readings September 39 1986 Effective Dates October 39 1986 jWritten by Public Works:� .4-0, 2 L_ up I S Y 09" ff c-y Sugqeeted byt Administration CITY OF KENAI ORDINANCE NO. 1162-66 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $953,000 IN THE CAPITAL PROJECT FUND ENTITLED "AIRPORT SAFETY ZONE, GENERAL AVIATION TIEDOWN, AND TAXIWAY IMPROVEMENTS". WHEREAS, design has been completed on a series of Airport improvements, and WHEREAS, the City expects the FAA to participate at 93.75% reimbursement in the Safety Zone and General Aviation Apron improvements which are estimated to cost $7049000, and WHEREAS, the City expects to fund Taxiway Improvements, GAA electrical outlets, and vehicular access and packing, as well as the non -Federal portion of the FAA eligible portions of the project, with the 1984 State Grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased <decreased> as follows: Airport Safety Zone General Aviation Tie own an Tex way Improvements Cepit_a_1Project: increase Estimated Revenues: State Grant (DOT) - 1984 FAA Grant lnarease.Appropriations: Adfninistrstion Inspection Construction Airport Main Apron Extension Capital Project: Decrease Estimated Revenuest State Grant (DOT) - 1984 Decrease Appropriations: Construction Contingency $ 293,000 66 $ 1,000 75,500 87 0 $0`93 .0�00> < 73,000> <220 000> L 7 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of September, 1986. ATTEST: Janet Whelan, City Clerk Approved by Finance: I!4Q First Reading: August 20, 1986 Second Reading: September 3, 1986 Effective Date: September 3, 1966 Is C i j MW TO: City COURcil i PM: Charles A. Brown, Finance Director � QQ DATE: August 29, 1986 SUBJECT: Ordinance #1162-86 40 The Administration requests that Council make the enclosed substitution to this ordinance. The bids were received on August 28. 1986, and the low bid is higher than the original estimate. The substance of the substitute ordinance is to finance the inspection , and the construction bid amounts, plus approximately ; a 1OX contingency added into the construction budget. t( I L 1 SUBSTITUTE C 0, ya0e . ; Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1162-86 -- AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, . INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,126,000 IN THE CAPITAL PROJECT FUND ENTITLED "AIRPORT SAFETY ZONE, GENERAL AVIATION TIEDOWN, AND TAXIWAY IMPROVEMENTS". ` WHEREAS, design has been completed on a series of Airport improvements, and r; WHEREAS, the City expects the FAA to participate at 93.750 i reimbursement in the Safety Zone and General Aviation Apron improvements which are estimated to cost $744,357, and WHEREAS, the City expects to fund Taxiway Improvements, GAA electrical outlets, and vehicular access and parking, as well as the non -Federal portion of the FAA eligible portions of the project, with the 1984 State Grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be `r increased <decreased> as follows: k Airport Safety Zone General Aviation Tiedown and Tax we Improvements Capital Project: Increase Estimated Revenues: State Grant (DOT) - 1984 $ 428,165 FAA Grant 697,835 Increase Appropriations: Administration Inspection Construction Airport Main Apron Extension _--t-shpital Project: Decrease Estimated Revenues: State Grant (DOT) - 1904 Decrease Appropriations: Construction Contingency $ 1,000 75,000 1 LOSS •0100-O $p J< 42�65> < 208,165> < 220,000 r i W1 fMM! i i� U 5 . 1y. •I S PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of September, 1986. l i TOM WAGONER, MAYOR f ATTESTt Janet Whelan, City Clerk ` j First Readings August 20, 1966 t Second Readings September 3, 1986 Effective Dates September 30 1986 Approved by Finances Z'aQ 0 n 1 i. .T } .. :. Suggested bys Council CITY OF KENAI ORDINANCE NO. 1163-66 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1986-87 GENERAL FUND BUDGET BY $90,000 FOR INSTALLATION OF NEW STREET LIGHTS. WHEREAS, at the City Council's request, the Public Works Department has completed a survey of street light locations, and has identified a need for approximately 50 new lights, and WHEREAS, Homer Electric Association has estimated that installation will cost $90,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated revenues and appropriations be made: General Fund Increase Estimated Revenues: Appropriation of Fund Balance 90 000 Increase Appropriations: Street Lights - Improvements Other than Buildings 90 000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of September, 1986. ATTESTS Janet a en, City Clerk TOM GONER, A R First Reading: August 20, 1986 Second Readings September 3, 1986 Effective Dates September 3, 1986 7 Approved by Finance: e j i (t 1 1. L L �r t H .. - i r .4 r. if F CITY OF KENAI " Del G' A"„ •---� 210FIDALOO KENAI,ALASKA 9W1 TELEPHONE M - 7d10 i MEMORANDUM TO: William J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: July 31, 1986 SUBJECT: NEW STREET LIGHTS FOR: COUNCIL MEETING OF AUGUST 6, 1986 Ron Rainey of HEA, has written the attached letter dated June 249 1986 which states HEA will install new street lights. HEA will bill the City on an existing yard light rate. The City will also have to pay for installing each new light unless the light is installed on an existing pole that has secondary power. Attached is the list of new street lights that have been requested by the school bus company and citizens. HEA has requested we move as rapidly as possible concerning any requests for new street lights. Possibly we should confirm the 1-ist with Council and check to make sure we have-not forgotten -anyone before requesting an installation cost estimate from HEA. KK/ sw L I is :. 4 l; ti CITY Of KENAI 110d 4" MO NUM K8MA1, UASKA M11 - -- T&WHOM810.1. M5 MEMORANDUM TO: William J. Brighton, City Manager FROMs Keith Kornelis, Public Works Director DATE: July 31, 1986 SUBJECT: NEW STREET LIGHTS FORS COUNCIL MEETING OF AUGUST 60 1986 Ron Rainey of HEA, has written the attached letter dated June 24, C^ 1986 which states HEA will install new street lights. HEA will bill the City on an existing yard light rate. The City will also have to pay for installing each new light unless the light is installed on an existing pole that has secondary power. Attached is the list of new street lights that have been requested by the school bus company and citizens. HEA has requested we move as rapidly as possible concerning any requests for new street lights. Possibly we should confirm the fist with Council and check to make t sure we have.not forgotten.anyone before requesting an installation I cost estimate from HEA. KK/sw Attachments L L i i t K jf ,s � S�m�r El��tri• 1�i�rsru�iwti�ra, Zsac. F� •_ 4 RIDGEWAY DISTRICT: 98130 KENAI SPUR HIGHWAY • SOLOOTNA, ALASKA 99889 • 190h 282-5831 ofV'4., . June 24, 1986 Mr. Keith Kornelis t:: r•U:!�� M� Director of Public Wor s�p�N,W���� r J :•' City of Kenai 1;� �O;j,,;•'`^�j 210 Fidalgo St.�.+ Kenai, Ak 99611 Dear Keith: f This is in response to you letter of May 25, 1986 concerning street lights for the City of Kenai. You letter covered two areas of concern, existing street lights and new street lights. I. Existing Street Lights A. We will work through you to reach an agreement by which City Electric can change out the street lights in Woodland Subdivision for HEA. 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 cos' Tor other than .existing pole and secondary will be borne by the City. B. The unmetered street lights? Is unnecessary to answer as it is covered in "A" above. C. HEA will install our standard yard light fixtures which are an open face disfuser 175 watt mercury vapor lamp, the 250 watt high pressure sodium enclosed refractor cobra head fixture and the 400 watt mercury vapor enclosed cobra head j fixture. The city may request a specific head based upon location and purpose of light. 1 L 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. It you have any further questions or we may be of further assistance, please do not hesitate to contact us. Sincerely, Ron Rainey District Mana.&r �I h REQUESTS FOR NEW STREET LIGHTS AUGUST 1966 it y. Burton Carver's request lists f { 1. Beaver Loop and Juliussen 2. Beaver Loop and Dolchok !. 3. Bridge Access and Child's Street across from Port of Kensy - 4. California and Second ;. 5. Cook Inlet View and Lilac -.- 6. Evergreen and Fourth 7. Evergreen and Second B. 9. Evergreen and Third Forest and Elm 10. Forest and Fourth 11. Forest and South Stellar 12. Kaknu and Candlelight ttt 13. Kaknu and Linwood x 14. Kiana and Candlelight 15. Lawton and Wooded Glen Court A t 16. Pirate and K-Beach -.j 17. Redoubt Avenue (1) f 18. Redoubt Avenue (2) 19. Redoubt Avenue (3) k 20. Redoubt Avenue (4) 21. Spruce Street - Ballpark (1) 22. Spruce Street - Ballpark (2) 23. Spruce and Fourth 24. Spur and Robin Drive 25. Sunrise and Ketch 26. Sunrise and Lora i 27. Sunrise and Muir i 28. Sunrise and Pirate 1 _ 29. Sunrise and Set Net 30. VIP Drive and Baleen 31. VIP Drive and Lora 32. VIP Drive and Muir 33. VIP Drive and Sand Dollar ,.- 34. VIP Drive and Set Net ...... Other requests: 1. Aliak and Candlelight 2. Aliak and Linwood 3. Bridge Access and Tern 4. California and Wildwood -' _r-- -- --- 5. Deepwood Court - end of cul-de-sac 6. Forest and Fifth 7. Forest and North Stellar F 8. Haller and Fourth s 9. McKinley and Second i 10. Spur and Evergreen j` 11. Spur and Lilac # 12. Spur and Linwood 13. Spur and Redoubt 14. Stellar and Cohoe - midway near cul-de-sac 15. Wooded Glen Court - end of cul-de-sac L_ t a. Romer ] Iactrio AOsooia,tiosi, I110. RIDGEWAY DISTRICT: 36130 KENAI SPUR HIGHWAY • SOLOOTNA. ALASNA 00060 • 10071 202 5631 July 24, 1986CP,A, �j;$ \ Mayor Tom Wagoner and City Council City of Kenai210 FidalgoKenai, AK 99611 ��<<!- In a recent letter to Keith Kornelis, we have agreed to, again, Install street lights in the City of Kenai. It is our suggestion that you act as quickly as possible as time is growing short for the installation of new lights. We are calling this to your attention now, as it is our understanding that the Council must recommend and approve all street light installations. If there is any further information that you need or if we can help In any way, don't hesitate to call. Sincerely, Ron Rainey j Ridgeway District Manager RR:ss cc: Bill Brighton, City Manager Keith Kornells is L Romer ] Iactrio AOsooia,tiosi, I110. RIDGEWAY DISTRICT: 36130 KENAI SPUR HIGHWAY • SOLOOTNA. ALASNA 00060 • 10071 202 5631 July 24, 1986CP,A, �j;$ \ Mayor Tom Wagoner and City Council City of Kenai210 FidalgoKenai, AK 99611 ��<<!- In a recent letter to Keith Kornelis, we have agreed to, again, Install street lights in the City of Kenai. It is our suggestion that you act as quickly as possible as time is growing short for the installation of new lights. We are calling this to your attention now, as it is our understanding that the Council must recommend and approve all street light installations. If there is any further information that you need or if we can help In any way, don't hesitate to call. Sincerely, Ron Rainey j Ridgeway District Manager RR:ss cc: Bill Brighton, City Manager Keith Kornells is L C-6 Suggested by: Administration RESOLUTION NO. 86-79 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR FLOOR COVERING TO S. RUTHERFORD FLOOR COVERING FOR THE i PROJECT ENTITLED "SENIOR CITIZENS' CENTER FLOOR COVERING 1986" FOR A LUMP SUM AMOUNT OF $5,634.00. } WHEREAS, the City of Kenai received bids from the following firma: S. Rutherford Floor Covering $5,634.00 4-D Interiors b60430.00 Peninsula Flooring $6,521.00 i } �r 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 appropriated. R NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded for floor covering to 33 S. Rutherford Floor Covering for the project entitled, "Senior Citizens' Center Floor Covering 1986" for a lump sum amount of $5,634.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of ,:,; September, 1986. OM GONER, MAYOR iene�"t- iegn, Cry CIE-R ! Approved by Finance: L°c, Written by Public Works: � J A A xy I Suggested by: Administration C-7 CITY OF KENAI - - RESOLUTION NO. 86-84 ' A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THAT THE UNITED STATES GOVERNMENT GRANT AREAWIDE J CUSTOMS PORT OF ENTRY STATUS TO THE PORTS ON THE KENAI PENINSULA, ALASKA. WHEREAS, the Kenai Peninsula is rapidly assuming a position of "AL, international importance in processing and shipping fish products .,t as well as processing natural gas and crude oil and mining and is shipping coal to the Pacific Rim, and -�' WHEREAS, the port of Seward has previously been designated as a f port -of -cell for the Polish fishing fleet, and ` WHEREAS, for many years, ports on the Kenai Peninsula have been a regular port of cell for supplies, crew changes, repairs and recreation for the Japanese, Korean and Tewienese fishing vessels plying the north pacific waters, and WHEREAS, a large portion of the Kenai Peninsula is economically € dependent upon the fishing, oil and transportation industries centered in Seward, Homer and Kenai, serving the international markets, and WHEREAS, the Kenai Peninsula is desirous of increasing tourism , by seeking foreign tourist ships to visit the Kenai Peninsula, and WHEREAS, substantial coats are incurred in having United States customs and imrnigratiori personnel travel to peninsula gotta each time a for.eigr. vesorl calls on the ^rts, and WHEREAS, the establishment of a customs and immiqration office in serving the Kenai Peninsula would be a financial savings to the United States government and better serve the needs of these growing ports, the State of Alaska and the United States. j� NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF i KENAI, ALASKA, that: Section 1: The United States government be requested to grant areawide port of entry status to the ports of the Kenai Peninsula, Alaska and establish a permanent U.S. Customs and Immigration Station on the Kenai Peninsula with personnel authorized to fulfill the functions of both agencies. L L a,, J .. Section 2s This resolution shell take effect immediately upon on'to adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of September, 1986. Tom sgoner, Mayor ATTESTs Janet —Whelan, City Clerk L i i i a CITY OF SEWARD • Main Office (907) 224.3331 • Police (907) 224.3336 SEWARD, ALASKA 9966a •Harbor (907) 224.3138 1 • Fire (907) 224.3445 1 • • Telecopler (907) 224.3248 i i August 21, 1986 MR. BILL BRIGHTON- CITY MANAGER a CITY OF KENAI 210 Fidaigo Street °<<c�68Lg Kenai. AK 99611 AREA WIDE CUSTOMS PORT OF ENTRY All of us on the Kenai Peninsula are involved in shipping, and we all know that costs to a shipper can make one port more desirable than another. In our case any foreign shipping requires the presence of a customs officer. That generally means the expense of bringing officers from Anchorage via commercial or charter aircraft, depending on scheduling. Since federal air safety regulations require that officers fly a twin engine aircraft, the cost to the shipper for the presence of a customs officer can be in excess of $2,000. This cost# along with others, tends to make our port less desirable than Anchorage, for instance. Last year, Seward submitted an application to become a Customs Port of Entry with the hopes of being able to reduce some of these costs. Unfortunately, federal guidelines relating to population and total number of visits made Seward ineligible for such a classification. We are now in the process of applying for the creation of an Area -wide Customs Port of Entry. to include the Kena t Peninsula as a whole. We have hired Mr. Vern Groenwald• recently retired Alaska District Director of the U.S. Customs Service, to research shipping statistics for Kenai Peninsula ports and to prepare a new Customs Port of Entry application. Our agreement with Mr. Groenwald is $5,000 for the application package, reimbursable expenses not to exceed $5,000 and a $2400 bonus if the Customs Port of Entry status is approved. Our total potential investment is $12,000. L L J I; ;1 'n 7 I i { t CITY OF SEWARD, ALASKA AREA -WIDE CUSTOMS PORT OF ENTRY Page 2 The area Customs Port of Entry appears to have a good chance of being accepted in that it would include the entire peninsula population and incorporate all the shipping for our various ports. Almost 50 percent of the customs activities in the Anchorage district come from Kenai Peninsula ports. If approved• it would allow for the assignment of a customs port officer here on the peninsula. The location probably woulst ostdbe effectivertoealldor the ports•basednonng an volume of would traffic be the r trafficor central location. We need your support through resolutions to be included in the application packet. If you feel so inclined. we would also appreciate your financial support in accomplishing this project. Should you feel you would like to contribute a portion of the consultant feet perhaps we could pro -rate the cost on the same basis as tonnage statistics included in the application for each community. For some communities, this letter is a follow-up to personal converw tions, for others it is a first introduction to our proposal. We will be arranging a personal visit with you in the near future to have Mr. Groenwald present these statistics and our proposed application package, if you have any questions. or would like additional information. do not hesitate to contact me or my Administrative Assistant• Kerry Martin. We look forward to working with you on this concept which we feel will benefit businesses not only in Seward# but on the entire Kenai Peninsula. THE CITY OF SEWARD. ALASKA RONALD A. GtINI CITY MANAGER KTMsalm A Tariff Duty Rates l CAS If _ i; August 22, 1986 t Import Consulting Services P.O. Box 230368 Anchorage, AK 99523 (907) 562.5769 Customs Law & Regulations '} U.S. CUSTOMS PORT OF ENTRY APPLICATION - KENAI PENINSULA The following is a summary of the commercial activity of vessels engaged in international trade which have arrived at seaports of the Kenai j Peninsula during 1984, 1985, and January through July of 1986. This data ! has been compiled for inclusion in an application for Customs port of entry status for the Kenai Peninsula Area. As presently envisioned, this Area would 's a include the seaports of Seward, Kenai, Nikiski, and Homer, as well as the city of Soldotna. The data gathered shows that a significant, if not major, proportion of " 1 such vessel activity presently accredited to the Customs port of Anchorage actually occurs in the seaports of the Kenai Peninsula. Import Consulting Services has been retained by the City of Seward to prepare a joint application for U.S.,Customs Port of Entry status for the entire area. We believe that a joint application stands an excellent chance of approval. As you can see from the following statistics, vessel traffic for individual locations do not �I support port of entry status on a port by port basis. The vessel arrival statistics for each location are as follows: a Jan -July PORT d a 1984 1985 1986 TOTALS i SEWARD 57 46 45 148 KENAI 48 51 22 121 NIKISKI 48 56 35 139 1 ... HOMER 22 32 26 80 —_ - — -=—=#AREA TOTALS 175 185 128 488 *PORT OF ' ANCHORAGE TOTALS 327 499 244 1070 OF PENINSULA 46% i ARRIVALS 64% 37% 52% *Includes all locations presently covered by Anchorage personnel except Dutch Harbor. Customs Maritime Regulations Protests a Petitions M r j Qy 4 Of the Peninsula locations listed, 77% of the cargo discharge operations occur at Seward. 74% of export cargo loading activity occurs at Kenai and Nikiski. The majority of Homer's activity is not cargo -related. but centers around vessels arriving to take on pilots, and to await berth space at Kenai and Nikiski. This analysis has been prepared to provide you with an idea of the scope of activity in the area of international vessel traffic in the Kenai Peninsula area. The AREA PORT OF ENTRY APPLICATION will include this data, and other factors warranting port of entry status such as: 1.) Outbound foreign clearance vessel statistics. 2.) Commercial import entry activity. 3.) Cosi savings to carriers, importers, and exporters. 4.) Current and projected programs of the Area communities in the development of international traffic. 5.) Projected increase in international trade that will be gained through Area port of entry status. 6.) Increased efficiency of utilization of U.S. Customs Service personnel. Vern Gronewald A L I �^ S I { k t ' C-e Suggested by: Councilwoman Monfor CITY OF KENAI RESOLUTION NO. 86-85 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INDICATING TO THE KENAI PENINSULA BOROUGH ITS OBJECTION TO THE PROPOSED SALARY CAP FOR BOROUGH EMPLOYEES. WHEREAS, an initiative proposition will appear on the October 7, 1986 ballot that would place a cap on wages, salaries and benefits of Kenai Peninsula Borough employees; and, WHEREAS, the $50,000 cap on wages, salaries and benefits would seriously impair the ability of the Borough to employ or retain qualified persons to perform professional and managerial tasks; and, WHEREAS, the ostensible savings would have minimal impact on the mill levy while impacts on necessary professional services and programs would cause significant coat increases to be borne by the taxpayers. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai City Council opposes the adoption of a $50,000 cap on wages, salaries and benefits of Borough employees. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this third day of September, 1986. ATTEST: Janet Wheletl, City Clerk 8,29/86 Tom Wagoner, Mayor a] 40 s _� 1' BILL SHEff1EW OOVEOM ji, LA ` DEPARTMENT OR REVENUE 550 W. 7th Avenue ALCCMWCBEVERAGE4CIAWL BOARD Anchorage, Alaska 99501 i August 25, 1986 41. .. Janet Whelan, Clerk ' City of Kenai f i 210 Fidalgo Kenai, AK 99611 Dear Ms. Whelan; !`0�sel�� { We are in receipt of the following application(s) for a new j liquor licenses) within the City of Kenai You are being notified as required by AS 04.11.520. RESTAURANT EATING PLACE LICENSE Windmill Restaurant; Intercore, Inc.,P-Donald Cornell, VP/S-Trudi Cornell; 506 Attla Way; MAIL: Box 895, Kenai, AK 99611. t i Legal: Lot 13 Alyeska Subdivision Part 2 (City of Kenai land lease), Kenai Recording District, Third Judicial District, State" of Alaska EXCEPUNG THEREFROM 60' X 80' fenced yard. a �- Q L 9 A local governing body as defined under AS O4.21.080(10) may protest the approval of the application(s) pursuant to AS O4.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest of the application within 30 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is arbitrary, capricious and unreasonable. Instead, in accordance with AS 04.11.S10(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, THE MUNICIPALITY MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IN SUPPORT OF YOUR PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. Under regulation IS AAC 104.14S(c) the board will grant a local governing body an extension of 30 days in which to protest an application if a request is filed in writing within the original 30-day period. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please so notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. PROTEST UNDER AS O4.11.480 AND THE PROHIBITION OF SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS O4.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in mind in responding to this notice. Under AS O4.11.310, if applicable, a notice is also being provided to the appropriate community council within your municipality. S cerely, - Betty/i.. Calhoon Recor e 6 Licensing Supervisor (907) 277-8638 - - a j w: . I; { OU SHEFFIEID, GOVERNOR j DEPARTMENT OF REVENUE 550 W. 7th Avenue I; ALCOHOLIC BEVERAGE CONTROL WARD Anchorage, Alaska 99501 August 25, 1986 A. Janet Whelan, Clerk City of Kenai 210 Fidalgo ( Kenai, AK 99611,� ' We are in receipt of the following application(s) for restaurant designation .'I.. permit(s) within the City of'Kenai Complete the enclosed application(s) and return to our office. 1 { WINDMILL RESTAURANT Enclosed is a restaurant designation which allows access of persons under the age of 19 to enter a licensed premises for purposes of non-alcoholic related employment or dining. Pursuant to AS O4.16.049, the Alcoholic Beverage Control Board, "with the approval of the governing body having ;jurisdiction and at the licens-ee's -request, shall designate which premises, are hotels.; restaurants, or eating places only for purposes of this subsection." Sincerely, Betty L� Calhoon Records and Licensing Supervisor (907) 277-8638 L In �I I, I ..L ' t I. 1. I j 4.:.. STATE OF ALASKA ALCOHOLIC BEVERAGE CONTROL BOARD RESTAURANT DESIGNATION PERMIT APPLICATION -AS O4.16.049 The granting of this permit allows access of persons under the age of 21 to designated li nsed' premises for purposes of dining or employment. If for employment, please state, in detai now the minor will be employed, duties, etc. (15 AAC 104.445(a)). The application is for designation of premises wh�r persons 16 years and older may dine ' unaccompanied. ersons under 16 yyrs. may dine accompan` ed by a person 21. year6 and older. Applicant(s) persons between 16 and 19 years of age Dm ald/T udi Cornell ,may be employed. (name) p/B/A Windm iM Restaurant name of establishment) Address. 506 Atha way, Kenai, Alaska 99611 Hours of operation 7a.m. to lop,m. Telephone number 907-283-M A menu must accompany this app cation. Menu enclo-s-eTEJ Rive o Ice ever been ca a to your premises by you or anyone else for any reason? Yes [3 No 0 If yes, date(s) and explanation(s). Dime ig96 Bit & Iam in Parldna int Minors duties Dish washim or basic cleanim _ Are video games available to the public on your premises? No Do you provide entertainment? Yes No Q If yes,describe. 'this permit remains in effect until expiration of the liquor license or at the discretion • .of the Alcoholic Beverage Control Board. Renewal must be made in conjunction with the -liquor.license renewal. (1.5.AAC 1Q4.445 (b)). I certify that I have read AS O4.16.049, AS O4.16.060= 5' 104.4 a 15 AAC 104.445•and have instructed my employees about provisions contai in. _ Appl ication approved: Governing Body Official Date: A&T 1canlr(3TA i gnature Subscribed and sworn to before me this 5�? day of Iq4 V eI otar u c n a��Alaska My commission expires % -ybwo 1 Director, ABC Boar Date: z Ft KENAI PENINSULA BOROUGH BOX 850 SOLDOTNA, ALASKA 99669 PHONE 262.4441 STAN THOMPSON MAYOR August 26# 1986 City of Kenai Atten: Janet Whelan 210 Vidalgo L Kenai, AK 99611 RE: 1986 Liquor License Application for: Windmill, Beer G Wine Intercorer Inc., Donald & Trudy Cornell Dear Janet: Please be advised that the Kenai Peninsula Borough has no recommendation for protest of the above noted liquor license at this time. The Sales Tax account registered for this business is filed through the 2nd quarter of 1986. The owners are not required to register for 1986 business personal property taxes at this time as no taxable personal property was in place on January 1p 1986. No other tax accounts were found to be registered in the applicants names. Thank you for your cooperation in this matter. Sincerely, Pamela A. McKee Delinquent Acct. Techn. �1 . j STATE OF ALASKA • - - ALCOHOLIC BEVERAGE CONTROL BOARD RESTAURANT DESIGNATION PERMIT APPLICATION -AS O4.16.049 The granting of this permit allows access of persons under the age of 21 to designated liFIT sed premises for purposes of dining or employment. If for employment, please state, in detaf how the minor will be employed, duties, etc. (15 AAC 104.445(a)). The application is for designation of premises wher persons 16 years and older may dine unaccompanied. „� in.(2J 8x•Z, .i.� � ersons under 16 yrs. may dine accompan ed by a person 21. years and older. a Applicant(s) Donald/' W& Cornell persons between 16 and 19 years of age may be employed. D/B/A WindmM Restaurant (name of establishment) Address. 506 Attla Wey. Kenai, Alaska 99611 Hours of operation 7a.m. to 10P•m• Telephone number 907-283-M A menu must accompany this application. Menu enclosed ID Have o ce ever been tailed to your premises by you or anyone else for any reason? Yes [ No [� If yes, date(s) and exptanation(s). Jame 1986 _ Hit h Rim in BNdd mint - Minors duties Dish washing or basic cleaniim t Are video games available to the public on your premises? No Do you provide entertainment? Yes ❑ No U If yes,describe. This permit remains in effect until expiration of the liquor license or at the discretion Hof the Alcoholic Beverage Control Board. Renewal -must be made in conjunction with the -liquor.license renewal'. (1.5.AAC 1Q4.445 (b)). I certify -that I have read AS O4.16.049, AS.04.16.0609 S.' 104.4 a 15 AAC 104.445-and have instructed my employees about provisions contai in. pp scat on approved: Governing Body Official Date: .14 7 Atf Ica 'A ignature SSSu"bscribe and sworn to before me this 5�{? day of ��euel_ _Mg6 Notary Public in and for AlaSKa My commission expires g•1'h-Q'1 Director, ABC Board Date: L A. I -1 1 KENAI PENINSULA BOROUGH 60X 880 • SOLOOTNA. ALASKA 99669 PHONE 262.4441 STAN THOMPSON MAYOR August 26, 1986 _ City of Kenai Atten: Janet Whelan 210 Fidalgo Kenai, AK 99611 RE: 1986 Liquor License Application for: Windmill, Beer & Wine Intercore, Inc., Donald & Trudy Cornell Dear Janet: Please be advised that the Kenai Peninsula Borough has no recommendation for protest of the above noted liquor license at this time. The Sales Tax account registered for this business is filed through the 2nd quarter of 1986. The owners are not required to register for 1986 business personal property taxes at this time as no taxable personal property was in place on January 1, 1986. No other tax accounts were found to be registered in the applicants names. Thank you for your cooperation in this matter. Sincerely, Pamela A. McKee s'; Z Delinquent Acct. Techn. L E` f k i _t s ; „j �1 �1 ..F 1 i Suggested by: Administration RESOLUTION NO. 86-86 a A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE CONTRACT FOR THE CONSTRUCTION OF KENAI MUNICIPAL AIRPORT 1986 IMPROVEMENTS, AIRPORT SAFETY ZONE, GA APRON, AND TAXIWAY IMPROVEMENTS, TO ZUBECK CONSTRUCTION, INC. FOR THE AMOUNT OF $9439007.00. WHEREAS, the following bids were received on August 28, 1986, for the above referenced projects ADDITIVE ALTERNATE CONTRACTOR BASIC BID NO. I NO.II Zubeck, Inc. $905,952.00 $37,055.00 $60,000.00 Brown Construction 932,041.00 39,937.50 41,250.00 Quality Asphalt Paving 1,039,472.00 33,365.00 60,000.00 OTECO, Inc. 1,113,968.50 31,775.00 67,500.00 Doyle Construction 1,063,014.00 43,734.00 120,000.00 WHEREAS, Additive Alternate No. 1 is for vehicular access and parking, and Additive Alternate No. 2 is for excess topsoil removal; and WHEREAS, the recommendation from McLane and Associates, Inc., the project design engineer, the Public Works Department, and the Airport Manager is to award the contract to Zubeck Construction, Inc. for the total cost of $943,007.00 which includes the Basic Bid and Additive Alternate No. I; and WHEREAS, Zubeck Construction, Inc.'s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and WHEREAS, sufficient funds are appropriated; and WHEREAS, this award is contingent upon FAA approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNLI1..OF ThE CITY OC KENAI, ALA�VA•,-tnnl- the contract for construction of Kenai Nuni^ipbl Airport 1986 Improvementam, Airport Safety -Zone, -GA Apron, and � Taxiway Improvements, be awarded to Zubeck Construction, Inc. in the amount of $943,007.00 subject to FAA approval. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of September, 1986. TOP W GONER, MAYOR ATTESTS Janet Whelan, Ci y C 1 e r k Approved by Finances Written by Public Wor es ICK L al AGENDA, KENAI CITY COUNCIL - REGULAR MEETING AUGUST 209 1906 - 7t00 PM PLEDGE OF ALLEGIANCE 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 so part of the General Orders. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Minutes) 1. Sandra or Rene Daniels - Airport Bar Lease 2. Steve Sather, Dragnet Fisheries - City Dock Issue PUBLIC HEARINGS 1. Ord. 1155-86 - Amending Kenai Municipal Code - Planning do Zoning 9. Substitute Ord. 1155-06 2. Ord. 1159-86 - Increas Rev/Appns,Boating Facilities - $1,000,000; Transf. of Funds, Boating Facilities - $324,622.41 3. Ord. 1160-86 - Amending Kenai Municipal Code - Mandatory Water Connection and Abandonment of Old Wells 4. Res. 86-77 - Awarding Contract - Eastern Entry Triangle 5. Res. 86-80 - Authorizing City Manager tb Sign Quit Claim Deed - FBG S/D 6. Res. 86-81 - Awarding Engineering • Kenaitze Ct. Redesign 7, Res. 86-82 - Awarding Bid - Cargo Van - Public Works S. Res. 86-63 - Advisory Vote for Float Plane Basin, Oct. 7, 1986 Election -TI Do MINUTES 1. *Regular Meatingg Aug. 69 1986 E. CORRESPONDENCE F. OLD BUSINESS Go NEW BUSINESS 1. Bills to be Paid Bills to be Ratified 2. 3. Requisitions Exceeding $1,000 *Ord. 1162-86 - Incress. Rev/Appne Airport Safety Zone, General Aviation Tiedownp Taxiway improvements 4. $953,000 *Ord. 1163-86 - Incress. Rev/Appne, New Street Lights 5. $900000 Vacation - Lowry/Partee Sprucewood Rd. CIIAP 6. Partial Rescission and Release - P. Evans - Extension of Construction Schedule - Pitts - FBO S/D 7 6: Extension of Construction Schedulet O'Connell/Swarner go Kenai Municipal Reserve 5/0 Disc Amendments to 1986 Municipal capital Grants 10. Disc. C. Gintoli - Liability Insurance Classification Study Work Session 11. Disc. H. REPORTS j. city Manager 2. Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7, Harbor Commission a. Recreation commission 9. Library commission I. PERSONS PRESENT SCHEDULED TO BE HEARD (5 Minutes) -ADJOURNMENT L 004 o"i I Y ri 4 KENAI CITY COUNCIL MEETING MINUTES AUGUST 20, 1986 KENAI CITY HALL MAYOR WAGONER PRESIDING PLEDGE OF ALLEGIANCE f =,. A. ROLL CALL Presents Tom Wagoner, Tom Ackerly, Sally Beille, Jose Hell, Monfor and John Wiae Raymond Measles, Chris .' 5 •t Abeent% None !j B-1 AGENDA APPROVAL { 4 Mayor Wagoner requested that the folloMinq changes be made to the agenda% 1. 0-2 should be removed as Mr. Sather telephoned City Hell the meeting. to say he would not be able to make C-tb, a substitute to Ord. No. 1155-86 be added. • 2. 3. C-7. a substitute on Res. 86-82 be added. the August 6, 1986 Council Meeting $ 4. D-1, Minutes of should be removed from the Consent Agenda. There were no objections to the additions/changes and the {. Agenda wee APPROVED AS AMENDED. A-2 CONSENT AGENDA MOTION: Councilmen Measles MOVED for approval of the Consent Agenda SECONDED the motion. Councilwomen and Councilwoman Sallie Mentor requested UNANIMOUS CONSENT. . B. PERSONS PRESENT SCHEDULED TO BE HEARD r Sandra and Rene Daniels - Airport Bar Lease j. •� Sandra and Rene Daniels spoke to the Council requesting the bar lease (Runway Lounge) their lease rate for the airport They explained that they felt now that they bid be reduced. too high at the time of the bid process plus their operating to their ,L fff costs have raised considerably, but mostly due costs skyrocketing. They liability and fire Insurance financial to the Councilmembere a statement passed out prepares' for June 1, 1986. They are requesting a reduction lease which is ! in It -as, rate for the remainder of theft although they have prepaid their approximately one year, for the next three menthe. Their lease rate at this lent time is $4,200 per month and they are requesting a reduction Their is wanting them to to 51,500 per month. partner the bus/Hess but they ere hoping that with the lease feel ------ --- ---t----:- clone rate reduction they will be able to continue. they they will probably close this that if there is no reduction, _ winter. Attorney Rogers stated to the Council that before be repthey late consider the reduction in lease rate, it may the Legal Department to look at whether it would be for permissible to lower the lease rate because the rate woo had not been presented determined by an RFP. The question riorcto meeting and therefore Depsome . to then gal they time heckhe } ! Rene Cantata ouggeoted that the City buy the insurance they 4 f are required to have. Atty. Rogers again stated that such a reduction may not be permissible. Council requested that Attorney Rogers look Into whether .'U such a reduction would be permissible and report beck to the Council at the next meeting. • ii 1 'V r 1 n C. PUBLIC HEARINGS C-i Ordinance 1155.86 - Amending Kenai Municipal Code - Planning and Zoning. MOTIONt Councilman Measles MOVED for adoption of Ordinance 1155-86 and Councilman Hall SECONDED the motion. Mayor Wagoner asked if thnre was any testimony. There wee none. Ordinance was brought to the Council for discussion. Councilman Measles for clarification asked if Ord. 1155, item C-1 had problems, C-le had problems and C-lb was written as 1t should be written. Answer was "Yee." MOTIONt Councilman Measles MOVED to amend C-1 by replacing it with Substitute 2, C-18. Councilwoman Monfor SECONDED the motion and requested unanimous consent. ORDERED. Ordinance 1155-86 as amended. There was no discussion. Roll Cell vote was taken. MOTION PASSED UNANIMOUSLY. C-2 Ordinance 1159-66 - Increase revenues and appropriations for boating facilities - $1,000,000; Transfer of funds for boating fatalities - $324,622.41. MOTION: Councilman Ackerly MOVED for adoption of Ordinance 1159-86 and Councilwoman Bailie SECONDED the motion. There was no public hearing. Because definite coats of the project will not be known until the bid opening end award, Mr. Kornelae directed the Counsil's ettantic !o the laet paragraph of a memorandum attached to the.ordinence from C.A. Brown, Finance Director, suggesting that the ordinance be poutponed for final action until the.Septamber 1J, 1986 bid opening. MOTION: Councilman Ackerly MOVED to postpone action on Ordinance 1159-86 until the Council Meeting of September 17, 1986 and Councilman Measles SECONDED the motion. Roll Call Vote was taken. MOTION PASSED UNANIMOUSLY. C-3 Ordinance 1160-66 - Amending Kenai Municipal Code - Mandatory Water Connection and Abandonment of Old Wells. MOTIONt Councilmen Measles MOVED for adoption of Ordinance 1160-86 and Councilwoman Monfor SECONDED the motion. Public Hearing began with Waldo Coyle ape king. Mr. Coyle raked whether the City would take over the we lie? Answer :so no. Mr- Coyle stated that federal low granted water rights under the Homestead Act. 2 L A�- 1 Father Torgonaky spoke against the ordinance. He fools the well: should not be abandoned unless they are proclaimed oondemnedl that people have water righter that wells should be "grendfathered" for length of use{ and that the Council :_ should not look only at economics of the situation. Clarence Ladd spoke stating that he has been concerned about old abandoned wells, that something should be done about those. However, he is against the mandatory hook-up. He feels that if wells are abandoned, well owner should be compensated for the cost of the well. Discussion to the Council. Councilman Ackerly asked that the specific statute be included in the ordinance. Councilwoman Sallie stated that clarification needs to be made in regard to structure/parcel within 200 ft. of the water line in sections 17.20.010 and 17.20.011. Public Works Director, Keith Kornelis explained that the law demands 200 ft. distance factor. The reason for the mandatory hook-up ordinance is that if the ordinance is not passed, the Department of Environmental Conservation will not allow use of the new sewer system. Mayor Wagoner suggested that the ordinance be tabled until the next meeting so that the ordinance can be clarified. Councilman Hall asked how the distance of 200 ft. wao decided. Mr. Kornelie stated that it was in the original ordinance and that was written in that manner to be able to acquire state grants. MOTION. Councilman Measles MOVED to table Ordinance 1160-86 until the next meeting and Councilwoman Monfor SECONDED the motion and requested unanimous consent. ORDERED. C-4 Resolution 86-77 - Awarding Contract - Eastern Entry Triangle. Councilwoman Bailie MOVED for adoption of Resolution 66-77 and Councilwoman Monfor SECONDED the motion. The floor was opened to public hearing. There was none. Discussion by the Council followed. Councilwomen Sallie stated that she had attended the meeting with the committee and would answer any questions Council may have or, the subject. She added Lhat the Committee wishes is nave a gazebo, grassy area, water fountain (non-Crinking), benches and concrete sidewalk included in the plan. The committee will be meeting with Mr. Gintoli to discuss the design further. Councilwoman Bailie oleo stated that upon recommendation of the Committee she suggests that the park be named the Leif Heneen Perk in memory of the young men who died recently. She stated that she polled approximately i0 people, a good cross-eection, and had only one person state dissatisfaction. Roll call vote wee taken on the motion adopting Resolution 66-77. MOTION PASSED UNANIMOUSLY. MOTION. Councilwoman Sallie MOVED that the eastern entry triangle park area be named the Leif Hansen Memorial Park and Councilwomen Monfor SECONDED the motion and requested unanimous consent. 7 , N L Councilmen Ackerly questioned naming the park in memory of someone when the Counall hoe decided on other occasions not to name atreete, etc. after people. Councilwoman Bailie explained the young man was involved heavily in community affairs, woo an Eagle Scout and wee well -liked by many people, but the park would be for anybody. Mayor Wagoner reminded Council that unanimous consent was requested and asked if there was any objection. There was none. ORDERED. C-5 Resolution 86-80 - Authorizing City Manager to Sign Quit -Claim Deed - FBO Subdivision to Homer Electric Association, Inc. Councilman Ackerly MOVED for adoption of Resolution 86-80 and asked for unanimous consent. Councilwoman Monfor SECONDED the motion. Floor was opened to public hearing. There was none. Discussion opened to Councilmembera. Councilmen Hall Baked whether the property would remain es their headquarters. Atty. Rogers answered that the occupancy portion of the deed had to be written to suit due to federal financing. Councilmen Hall asked whether HEA could sell the property. Answer was "no." Mayor Wagoner asked if there were objections to the unanimous consent requested. There were none. ORDERED. C-6 Resolution 86-81 - Awarding Engineering Contract - Kenaitze Court Redesign. MOTION: Councilwomen Bailie MOVED for adoption of Resolution 86-61 and requested unanimous consent. Councilman Measles SECONDED the motion. Floor was opened to public hearing. There was none. Discussion was brought to the Council. Councilman Wise noted the differences in the bide. He asked City Manager Brighton if he wee convinced that the City staff is right in recommending the resolution. Mr. Brighton answered "yes." Councilmen Ackerly stated that he thought that he should abstain from voting due to the fact that he lives in Kenaitze Court. Mayor Wagoner stated that he felt there wee no conflict for Councilman Ackerly and that he should vote. Mayor Wr.gonPr reminded the Council that unanimous consent was requested and were there any objections. There were none. ORDERED. C-7 Resolution 86-82 - Awarding Bid for Cargo Von for Public Works. J_ MOTION: '1 U+/`%� Councilmen Ackerly MOVED for approval ofhosolution 66-62 and requested unanimous consent. Councilman Measles SECONDED the motion. There were no objections to unanimous consent requested. ORDERED. C-8 Resolution 86-83 - Advisory Vote for Float Plane Basin, October 7, 1906 Election. 4 L W • I MOTIONt Councilmen Ackerly MOVED for adoption of Resolution 86-63 and requested unanimous consent. Councilwoman Monfor SECONDED the motion. Floor was opened to public hearing. Mr. Gerald Sibley spoke objecting to the resolution as it to written. He stated that he felt it wee a loaded political move, much too costly, and the vote Implies the funds would come from taxes. The resolutions does not say that the funds come from airport improvement funds, does not give deecription of area where the float plane basin to planned. Again emphasized that the cost was too greet. 1(eide Coyle stated that the concept has been talked about 'for years and was pert of the capital improvement project plane since before there was a city manager. He feels that 4 it would be an asset for the city and should be built. He does not feel that it needs to be taken to an advisory vote. He urged the Council to go ahead with the basin, without the vote. John Williams stated that issue has been before the City for a long time. He stated that the coat would be too great for the identified amount of prospective users. There has been no study done to determine how many guides, etc. would use it from over the state. Joseph Reynaldo spoke against the float plane basin. He stated that with the taxes rising and coat of the new schools in the area, he does not think that the economy could handle the coat -- too much spending. Mayor Wagoner stated that he felt there has been very poor reporting end information give out regarding this proposed project. The improvement funds can be used for only airport projects. Stated that there will be no revenue derived from taxpayers. Councilwoman Monfor spoke against the passage of the resolution. She feels that the resolution should be written as a two-part resolution. She stated that she did not feel that the City should be spending any money from the improvement account now or the next year. She added that other projects costing over $1,000,000 have gone to the voters and this should too. She stated that she will not support a float plane basin until the economy has improved. Mr. Sibley spoke again urging that the vote be taken, do the voters want to build the float plane basin for the coat of $4,000,000 or not. He naked Councilwoman Honfor if she would purposely put something on a ballot to have the people vote it down. Councilwoman Monfor answered that she felt the people of the City had a right to decide and know if, (a) they want the float plane basin; (b) how much it would coat to build its and (c) what amount of revenue would be derived from it. Mr. Williams spoke again stating that he thinks that there is nothing wrong with asking the people to vote on the project and believes that the question should be going to the people for a vote. He added that funding may not be available later On- 5 L L { i IN Clad a Ruth stated that her concern is that the facts should y be bettor presented for the vote. She agreed with Councilwomen Monfor in that all the facto should be understood. She asked who would maintain the basin if the grant monies and Waldo Coyle spoke again stating that he wee in favor of the question taken to the voters. He added that it should be re -written. He stated that one of the original concepts woe that the basin could be used as an emergency reservoir for water for firefighting use and asked if this concept was still included. Councilmen wise answered no. That running of that water through water pipes would contaminate the pipes. Mr. Coyle added that he thought that the concept should be explored and presented to the people for vote. Councilmnn Ackerly stated that he had no objections to changing the wording of the resolution. Councilwoman Bailie asked Airport Manager Ernst opinion of the use, etc. Mr. Ernst stated that in three years it would probably full with airplanes. But even if it were used to capacity, return on the money would be minimal. He added that he personally feels that the use of the money in the improvement fund should be used carefully. He thinks that there will probably be a new program of the federal government but it could be two or three years before it is begun. He added that there are other coats involved in having the float plane basin -- FAA requires crash backup (boats, etc. for removing crashed planes), requirements for safe operation. Space would be required for tie -downs, both in the water and out of the water. Councilman Wise asked why the project could not be subsidized. Mr. Ernst answered that it would deplete the monies for other maintenance needs for the airport. Councilwoman Nonfat suggested that the cost be removed from the question and just ask voters if they went the float plane basin. She added that she felt a feasibility study should is needed. Mr. Williams added that there is no complete study and that the airport people do not know what the costs will be. Correct information is needed. Mayor Wagoner added that he thinks that the whole discussion is premature. Mr..Jockman spoke statinq that the Council should decide what. direction they would like the City to do in. He has no problem with an advisory vote, but would like to see some real facto of what the cost will be. Feels that it would probably enhance the area and could be used as a staging area. Public Hearing closed. Discussion brought to Council. Councilmen Measles stated that the concept of a float plane basin has been discussed for eleven years. He has no problem with the advisory vote but thinks that more information is required. He added that he thinks it is too early for such a vote. Councilmen Hall stated that he agrees with Councilman Measles. He was not aware that the Council had decided to spend $4,000,0011. He feels that until the Council has a plan, the question should not be put on a ballot. If the public is to vote on such a question, the public needs more decisive information. 6 L L 7 4 . _ry _ s •r r S . s. i P 2 1 Y' r Councilman Wiae commented that no one hoe committed to :2.9 million in costa. He feels that the float plane basin will enhance the area and would offer jobs to the population and that the area dose need the jobs. City Manager Brighton added that Mr. Ernst had information to be handed out with Item G-3 regarding airport improvements, and also an agenda for advertising, awarding bid, beginning construction, etc. and a breakdown for allocations of funds on the float plane basin. Councilman Measles stated that booed on his feelings, he thinks the resolution should be voted down. He added that maybe at some time the scope of the work would be put together and then there would be solid facts to take to the voters. He does not feel that there is enough time during the meeting tonight to amend the resolution to go on the October ballot and he assumes that it would be too late if the amended resolution would be acted upon at the September meeting. Councilwoman Monfor added that she still supports putting the question on the ballot for an advisory vote. Mayor Wagoner directed Clerk to call the roll. Votes were six "no" and one "yes." MOTION FAILED. A SHORT RECESS WAS TAKEN. MAYOR WAGONER RETURNED MEETING TO ORDER. D. MINUTES 0-1 Regular Council Meeting Minutes of August 6, 1986. Keith Kornelia, Public Works Director, recommended that an amendment be made to the Council Meeting Minutes of August 6, 1986 on Page 11, Item C, line 9, should read ""Mr. Kornelie explained, Louisiana schedule wee put in because he was told retainage wee not done in the Lower 48." Page 11, Item C, line 18 should read, "10% is retained until it is 50% complete. This 10% of the 50% is kept until 95% of the project is completed, at which time the retainage to reduced to 2% of the amount completed. This 2% of the total is kept for 90 days after completion." MOTIONt Councilwoman Beilie MOVED for acceptance of the minutes as emended and Councilmon.Ackerly SECONDED the motion. Councilmen Wise requested unanimous consent. There wore no objections. ORDERED. E. CORRESPONDENCE There was no correspondence. F. OLD BUSINESS There was no old business. G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified. MOTIONt Councilmen Ackerly MOVED to pay bills under $1.000 and Councilman Hall SECONDED the motion. 7 L S 4:. Councilman Wise MOVED to add purchase order to HEA and Councilman Ackerly requested unanimous consent. finance { is Director stated that the HEA purchase order should be under ;= G-2. Councilman Wise withdrew his motion. There were no objections to the request for unanimous consent. ORDERED. G-2 Requisitions Exceeding :1,000. MOTIONt Councilmen Ackerly MOVED for approval of requisitions over $1,000 and amended by adding purchase order to HEA. Councilwomen Monfor SECONDED the motion. Councilmen Wise had a question regarding the amount going to Harley's Trucking. Mr. Kornelie explained that the payment was for a coat overrun, however, the original amount wee twice as much. They negotiated the figure down. Councilmen Ackerly requested unanimous consent. There were no objections. ORDERED. G-3 Ordinance 1162-86 - Increase Revenue and Appropriations - Airport SafetyY Zone, General Aviation Tiedown, Taxiway Improvsmente - 5953,000. Approved by Consent Agenda. G-4 Ordinance 1163-86 - Increase Revenues and Appropriations, New Street Lights - s90,000. Approved by Consent Agenda. G-5 Vacation - Lowry/Pertee - Sprucewood Road MOTIONt Councilmen Wise MOVED for approval of the vacation and Councilwoman Monfor SECONDED the motion. Clerk celled roll. PASSED UNANIMOUSLY. G-6 Partial Rescission and Release - P. Evens - CIIAP. MOTIONt Councilmen Wise MOVED for approval of the partial rescission and release and Councilman Measles SECONDED the motion. Councilwoman Monfor•requeeted unanimous consent. Discussiottt• Councilman Ackerly asked if Mr. Evens is current in hie psymente. City Manager stated that administration would suggest that the Council approve the rescission conditioned upon Mr. Evans being current with payments. MOTIONS Councilmen Ackerly MOVED to amend the motion conditioning the partial reecieeion and release upon payments being current. Councilmen Wise SECONDED the motion. Councilmen Ackerly requested unanimous consent. There were no objections. ORDERED. Action on the main motions There was no discussion. Unanimous consent wen requested. No objections to unanimous consent. SO ORDERED. 6 L 1 C-7 Extension of Conatruction Schedule - Pitts FBO _r Subdivision. '- MOTIONt ' Councilmen Wise MOVED for approval of the extension of the . : construction schedule and Councilman Measles SECONDED the motion. Councilwoman Monfor requested unanimous consent- Discussion on the items Councilman Ackerly asked if Mr. Pitts is current on hie payments. Finance Director Brown enowered "yes." Mayor Wagoner stated that Mr. Pitte has already done development on pert of the property (on two late). G-8 Extension of Construction Schedule - O'Connell/Sworner - Kenai Municipal Reserve Subdivision. MOTIONt Councilmen Wise MOVED for approval of the extension of the construction schedule and Councilwomen Monfor SECONDED the motion and requested unanimous consent. Discussion: Counc,'-in Wise asked if O'Connell/Sworner are current in their paymbnte. Anewert Yes. Mayor Wagoner asked if there were any objections to request for unanimous consent. There were none. ORDERED. G-9 Discussion - Amendments to 1986 Municipal Capital Grants. MOTIONS Councilmen Ackerly MOVED the City signs the amendment dealing with the 1986 municipal grants and Councilwomen Bailie SECONDED the motion. Councilwoman Monfor requested unanimous consent. There were no objections. ORDERED. G-10 Discussion - Carmen Gintoli - Liability Insurance. A letter from Mr. Gintoli was Included in the packet informing the Council that he is unable to purchase the professional liability insurance that is required by hie contract for services on the FAA Flight Service Station. Mr. Gintoli was in attendance to answer any questions the Council had. Att-y. Rogers stated that if Council and Mayor went Administration to -modify the coAtrest and bring beck to Council, it to the only way to release Mr. Gintoli, legally, from obtaining liability insurance. MOTIONt Councilman Wise MOVED to have Administration prepare such an amendment and Councilwoman Bailie SECONDED the motion. Diecussions Councilmen Wise would like Administration to inform Council of what it would coat the City to cancel the contract and obtain someone else to do the inspection portion of rt left to do). Mr. Wise bh believes thecostnwould betract nmore ly sto have someone else with the requirements to do the inspection, but feele it is Important for the Council to aware of the difference. Councilman Ackerly asked if the notification of no liability insurance from Mr. Gintoli affects the contract the Council approved with Mr. Gintoli at this meeting in regard to the 9 i I E:y� P.__ East Entry Triangle Park. Attorney Rogers stated that the Council hoe been asked piece -meal for reduction of insurance requirements. He expects that there will be others requesting reductions oleo. Councilwoman Sallie commented that in Mr. Gintoli's letter he stated that hie coat for insurance will be lees this year then last year. Mr. Gintoli stated that to apply for the insurance he must project income for the year. yneurence company bases amount of premium on amount of contracts. Mr. Gintoll stated that hiring another architect would not help as another architect would not insure Mr. Gintoll'e drawings. He suggested an alternative that he would work through Wm. J. Nelson 6 Associates. Does not know about legality of this alternative. Attorney Rogers commented that it is not a question of legality, if Council wants to emend the contract by removing the inouronco requiromonto, he can do that. Mr. Gintoli added that if he acquires more contracts, he will be getting insurance if he can afford to buy it. Mayor Wagoner asked for motion to table until next meeting. Councilmen Ackerly reminded Mayor Wagoner that there was a motion on the floor asking that an amended contract be prepared and brought back to Council at next meeting. Councilmen Ackerly requested unanimous consent. There were no objections. ORDERED. G-11 Discussion - Classification Study - Work Session. Council set a work session for Wednesday, August 27, 1986 at 6300 P.M. H. REPORTS H-1 City Manager. There was no report. Councilwoman Bailie asked about progress with Fred Meyer. Mr. Brighton answered that there were representatives of Fred Meyer in town for about four hours lest week and he took them for a drive around town. Mr. Brighton stated that they were very positive about building and they indicated that they made a mistake about holding off on building. Mr. Brighton expects to hear from Fred Meyer real soon and thinks that the discussion will very positive. Councilwoman Baitie'commented that have not Fred Meyer requested an extension on construction and asked when does come decision need to be made on this. Mr. Brighton answered their contract requires a completion date in 1987 a is not real urgent. Mr. Brighton added that he will research the lease and bring back to Council at next meeting if very urgent. Councilman Wise asked if the date on Candlelight Drive has gone out to people. Mr. Brown answered that at wee sent to Mr. John Williams and to Mr. Wise as they were the only ones requesting the information. Information was real apreliminary. tthis time andeheity hoe to not intthespositionotodby the prepeople pare e formal preliminary assessment list. Councilwoman Bailie asked about the plant experimentation site by bell fields. Mr. Brighton answered that in the lent packet there was a letter from the Extension Service that 10 Is said that they were preparing to utilize the plot next year, but plane had not been finalized. Councilwoman Sallie -- commented that if they are not going to be using the eite it would be a possible place for a camper park. " Mayor Wagoner suggested that the Council direct administration to write the Extension Service and request a written plan for use of the site for next year. Mr. Brighton added that the Extension Service mentioned in their letter that they do want to use the alto next year, but he will write to them to encourage a quick reply of whet there plan is for the site. H-2 City Attorney. Attorney Rogcra presented Councilman Wino (upon a prior request of ell information be given to him concerning this case) with a copy of another brief regarding the APUC litigation. Also in the packet was a memorandum to the Council regarding lease renegotiations. Mr. Rogers passed out to the Councilmembere a copy of a letter that he has prepared for Janet Whelan regarding the conflict -of -interest statement late filings. He oleo had available copies for Mr. Williams, Mr. Sibley, Mr. Osborne and Mr. McComsey. The letters were available for them at that time, or he will have them mailed. Mr. Rogers commented that the letter indicates hie decision relevant to that and that it is not a matter for which the Council must make a determination. Councilmen Ackerly thanked the attorney for the memorandum in the packet regarding conflict of interest. Councilmen Wise commented that he did not understand what the attorney wee saying about the APOC disqualification. Mr. Rogers stated that the information we s in the letter. He spent three days condensing and researching the law. Me also added that he had concurrence with the Attorney General's office, the person who is assigned to APOC. Mayor Wagoner added that it is basically out of the Council's hands. It is a ruling on the attorney's interpretation of the State law. Mr. Rogers stated that if the Council had any questions to call him tomorrow, this will avoid talking with prospective candidates, so not to give appearance of favoritism or impropriety. �} - 3^Mayor Report. ihnro wee no report. AS —City Clerk. 42 There wee no report. + a / _C-t--Planninq 8 Zoning Commission Report. There wee no report, however minutes were included in the packet. r 7 Harbor Commission Report. John Williams made comments regarding the letter included in the packet, Item 6-2, which is what Mr. Sather was to have discussed with the Council at this meeting. Mr. Williams reminded the Council that there are other points with regard to the dock facility which will be beneficial to the area, ouch as enlarging parking area, a Coast Guard approved refueling facility on the river, etc. L j L F i i `r .. L :f F ,{ 3 � a �I j L -Recreation Commission Report. q There woe no report. r r library Commission. There was no report. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (S Minutes) Mr. John Williams commented on the letter addressed to Janet Whelan that Attorney Rogers had handed out earlier. He stated that he had already spoken with the APOC and they told him that they would take a "hands off" attitude toward the candidacy question. He hoe had long discussions with his attorney and hie opinion is that Mr. Williams would have a very winable situation. Mr. Williams reminded the Council that if he would prevail, the City would bear the cost of the litigation. Mr. Clarence Ladd commented to the Council that the brush had not been cleared at the Senior Center to the extent as they had requested. He remarked also that planting grass along Cook Avenue was nice, but it did not leave enough area for parking during the weekends. Mr. Coyle asked the Council if there had been a decisions as to what amounts were available for the upgrading of Berabore, Amee, etc. Can it be moved off the table? Mayor Wagoner answered that there was no material in the packet regarding this and that it will be put in the packet for the next meeting. Mr. Coyle also commented that public office filing procedures should be checked. He was upset that citizens would be barred from running for office because of not filing a conflict -of -interest statement. Mayor Wagoner asked if there were any questions. There were none. Comments from Council began with Councilman Ackerly. Mr. Ackerly commented that he thought that Enster agreed to keep their office in Kenai. Mayor Wagoner answered no, that they decided not to stay in Kenai. Councilman Ackerly added in regard to the conflict-of-intereat statements, that there had been a vote py the people of the City on a bal;o* year .tgo that the City would requiro conflict-of-intereat "totements in compliance with ArOC. This is something that co•ild be put back on the ballot. Councilwoman Bailie commented that she thought it would be beneficial to have advertisements in the paper, etc. at different times of the year (e perspective) which would inform the citizens what projects are going on, which ones are projected to be done, coat of projects, prospective projects, projects accomplished, etc. Councilwoman Monfor asked if the sign in front of the bowling alley was legal? Also the road in front of ft. Keney to in bed repair. 1. ADJOURNMENT Meeting adjourned at 10110 p.m. 12 L CITY OF KENAI „ d ed,d4l 4 414"a" MO FINU10 KENAI, &ASKA 00611 NOTICE OF SPECIAL MEETING There will be a special meeting of the Kenai City Council on Thursday, August 28, 1986 at 6tO0 PM in the Council chambers. To be discussed: Candidates for the October 7, 1986 election The public is invited to attend and participate. Janet Whelan, CMC City Clerk DATED: August 25, 1986 L ill t I KENAI CITY COUNCIL - SPECIAL MEETING - MINUTES AUGUST 28, 1966 - 6s00 PM KENAI CITY HALL MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Tom Ackerly, Sally Bailie, Jess Hall, Ray Measlee, John Wise, Tom Wagoner Absent: Chris Monfor (excused) SUBJECT: Candidates for Oct. 7, 1986 Election Clerk Whelan noted she had distributed a memo to Council to explain her position and offer possible solutions. Atty. Rogers noted for the record he had distributed copies of his memo previously distributed. Mayor Wagoner said, after reading Clerk Whelan's memo and Atty. Roger's packet, Council has to determine if - as a Council -they wish to direct the Clerk to put the candidates on the ballot or not. MOTION: Councilwoman Bailie moved, seconded by Councilman Ackerly, to return the three names to the ballot. PUBLIC COMMENTS None Councilwoman Bailie said she called APOC and the Atty. General's office in Juneau. Both offices gave the impression they were concerned with State, not municipalities. In reply to Atty. Roger's-memo,-she felt an Qmecgenc� axi3ted: When we start taking the people's choice away,frori, tilbmt it -constitutes--,so- emaLgancv..,,When the • oandidates file in guod faith# rouncil'-szhould treat them t1jet way..::She suggested doing this-lbe wimargency ordinance. Mayor Wagoner said if that is what Council wants, they only have to direct the Clerk. An emergency ordinance is not needed. Councilwoman Bailie said in reviewing the Code regarding rules for elections, rules made by the Director of Elections shall apply to cities where they are applicable. "The City Clerk shall have duties in regard to City elections." Does that cover any legality? Mayor Wagoner replied, City regulations do not take precedence over State law. Councilwoman Bailie said when we start talking about Conflict of Interest and APOC, we are talking about situations that do not apply if there are more than 1,000 people. Communities have the option of opting out of this. This is something we should be able to handle in-house. L L KENAI CITY COUNCIL AUGUST 28, 1986 Page 2 Mayor Wagoner said communities have the option to opt in or not, Kenai decided to opt in. We can opt out if we wish to. Councilman Wise said he agreed with Councilwoman Bailie. There is a problem. No matter whose problem it is, the people have to be served. The candidates should have the opportunity to be on the ballot, the people have the right to vote. He suggested extending the filing period to Sept. 4, or instruct the Clerk to have a complete ballot. He would prefer extending the filing period because it would enable all the public to participate. An emergency ordinance would'not affect the Code and would be cleaner. Mayor Wagoner said he looks at this as the law and the letter of the law says the Conflict of Interest form had to be in by Aug. 15. But if the State passed a seat belt law, how would they enforce it? The Clerk has done this differently and allowed time, precedence has been established. Just because it was done in the past does not make it legal. Council Measles requested abstaining from the vote as he is a candidate. VOTE (Passed): Motion passed unanimously with Councilman Measles abstaining. Mayor Wagoner asked, how do we return the names to the ballot? He is not sure if this falls under an emergency ordinance. Atty. Rogers explained, you cannot abrogate State law by ordinance. The method of accomplishment will not be that significant, the significance is whether or not you demand the names be put on the ballot. Mayor Wagoner asked for concurrence of Council to direct the Clerk to reinstate the names to the ballot. Council agreed. ADJOURNMtN1: Mestir'g/adjourned t 6120 PM. Janet Whelan City Clerk L L L f gO O O Ngoo .+ a1M h u1 O O u\ h 0 A � Y1 O A CA C! j 9 � N O O � 8 .01 .Op n a0 YN1 GG p( �O N �p CO tN� V1 N O( �Np JV1 �1 T n � N N .1 N u U Y N (n Y ~ Y Y Y Y U Y M Y Ym Y Y w 44 ep oYi ey eq� u� t� m a� w � a L7.7 �H►: uir� wa aaW 00 M -0 u V N V rl Y1 Y Y ,M+ a o a > u «y � ���yyy WYyy1 M bbbF A A A ^Ya C O Y W W a Yy N �Yp Y wp� .•1 N 93 { 0. K N wi n1 � Ye u tYyyJ N� y0 p6 Y Y Y m i a s; a 33 « T nnn ca ho to 7 PQ aa M .y 6 eA O Y x F1 s c yYj F � W � qp �Vj Y � W 8 ►( My W ~ p Y yP� O 06 M Y L L b� i t • - iS ?�F -'• � M t ... ... .. ._....., j) Ci 00 A i) A � H H Zi 'i M � M M :; .. .. 7.. u IDS a0v .. .. .. t .. .._ . ."22 O ii r1 Lo w M a . 1 f A jr r Comm Suggested byt Council .It. .;1 CITY OF KENAI ORDINANCE NO. 1161-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC CHAPTER 1.57 ENTITLED "ADVISORY LIBRARY COMMISSION"; KMC CHAPTER 11.10 ENTITLED "ADVISORY HARBOR COMMISSION"; KMC CHAPTER 14.05 ENTITLED "ADVISORY PLANNING AND ZONING COMMISSION"; { CSTANDARD PROCEDURES AND QUALIFICATIONS FOR ALL BOARDS, " HAPTER 19.05 ENTITLED "RECREATION COMMISSION,AND ESTABLISHING -i COMMISSIONS AND COMMITTEES WITHIN THE CITY OF KENAI. WHEREAS, the Council of the City of Kenai has recognized the need for uniform requirements for all boards, commissions and committees in the City of Kenai; and, WHEREAS, uniform guidelines provide a means of assuring that i members of boards, commissions and committees are qualified to serve in their positions; can better understand the intent of the Council and Administration; and are better able to formulate i policy effectively. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thatt Section 1: Standard Procedures for Commissions and Committees as presented as attached to this ordinance be made a part of the Kenai Municipal Code. } Section 2: (a) Sections 1.57.010, 1.57.030, 1.57.040, 1.57.050 are deleted r in entirety. Section 1.57.020 is amended to read Section 1.57.010; Section 1.57..060 is amended to read Section 1.57.020. (b) Sections 11.10.010, 11.10.030, 11.10.040, 11.10.050 are deleted in entirety. Section '11.10.020 is amended to read f Section 11.10.010. - � (c) Sections 14.05.010, 14.05.030, 14.05.040, 14. OS 050 are j --. deleted in entirety. Section 14.05.020 is amended to read --- --- -c, 14.05.010. Section 14.05.060 is amended to read Section 14.05.020. L L I (d) Sections 19.05.010, 19.05.030, 19.05.040, �r. deleted in entirety. Section 19.05.020 is amei 1 Section 19.05.010. r. t PASSED BY THE COUNCIL OF THE CITY OF KENAI, AL day of September, 1986. ATTEST: �4 Janet Whelan, City Clerk .. . -TOM WAGONER First Reading: Second Reading: Effective Date: L W CITY OF KENAI BOARDS, COMMISSIONS, AND COMMITTEES STANDARD PROCEDURES j 1. CREATION: All boards, commissions and committees created by the Council of the City of Kenai, shall consist of seven (7) members who shall be nominated by the Mayor and confirmed by the City Council from applications submitted to the City Clerk. A chairman and vice-chairman shall be selected annually and shall be elected from and by the appointed members. The Mayor and one Councilmember elected by the Council as ex-officio members and as consultants of any board, commission or committee, may attend all meetinqs, but shall have no voting power on the board, commission or committee. 2. DUTIES: Members of boards, commissions and committees shall be refired to establish policies relating to their respective organization. They shall act in an advisory capacity to department heads within the City Administration if there are such departments in the City organization that directly relate to the board, commission or committee. `. If the board, commission, or committee has income stated within the City of Kenai annual budget, said board, commission or committee shall work with the City Manager to establish expenses projected for the year for approval by the City Council. 3. QUALIFICATIONS: A member of a board, comgj, ion or { committee must e a resident of the City of Kenai less the board, commission or committee is specifically exempted by �,.•= Council from this requirement. The member--can-mt be an officer J� at-emp-loyee---o-f-the City of Kenai. If any member should move his residence from the corporate limits of the City of Kenai (if applicable), is an officer or employee of the City of Kenai, or shall be elected or appointed as an officer or employee of the City of Kenai, the service of such member shall tL minate immediately. He should be aware that he will serve withnut salary, but will be reimbursed for all reasonable expenses incurred in connection with this service, only after approval by Council. (j 4. TERMS: A member of a board, commission or committee shall serve for a term of three (3) years, unless the board, commission or committee is specifically exempted by Council from S J this requirement. This -term can be extended until a successor is appointed and -qualified. At renewal date, the Mayor, with consent of the Council, can re -appoint the member or recommend a replacementTl \ 1v' _, 1 -. I The terms of the initial board, commission or committee member shall be atoggerod so that three (3) members will be appointed for one year; two members will be appointed for two years; and two members will be appointed for three years. Terms shall commence on January 1 of each year. 5. PROCEEDINGS: All boards, commissions and committees will have regu ar y scheduled meetings which shall be open to the public. Exceptions to the meeting requirements shall be established by Council. Permanent records or minutes shall be kept of all proceedings and such minutes shall record the vote of each member upon every question. Every decision or finding shall immediately be filed in the office of the City Clerk and shell be a public record open to inspection by any person. All acts of boards, commissions and committees are subject to the paramount authority of the City Council. If any member should have three (3) consecutive, unexcused absences from regular meetings of the board, commission or committee, it shall be reason for removal from that board, commission or committee. In all matters of parliamentary procedure, Roberts Rules of Order as revised shall be applicable and govern all meetings, unless as specified in KMC 1.15.060 motions; KMC 1.15.100, speaking; and KMC 1.15.110, voting. The responsibility of insuring that all members of boards, commissions and committees receives a copy of the Standard Procedures of Boards, Commissions and Committees lies with the City Clerk. 6. SPECIFIC REQUIREMENTS OF BOARDS COMMISSIONS AND COMMITTEES: Specific duties and powers of the Library omm ssion, Harbor Commission, P 6 Z and Recreation Commission, as defined in Sections 1.57,11.10, 1.4.05 and 19.05 will remain in effect. Cre.ation, qualifications; -terms and proceedings for these four corr.missions will be as stated in this section on procedures. Suggested bys Planning do Zoning Commission CITY OF KENAI ORDINANCE NO. 1164-06 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING TRACT E, SPRUCEWOOD GLEN S/D FROM SUBURBAN RESIDENTIAL (RS) TO GENERAL COMMERCIAL (CG) ZONING DISTRICT. WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai; and WHEREAS, a rezoning petition has been received by Mr. Louis Schilling, owner of the subject property, to rezone the referenced lands (per Exhibit "A & 6") from Suburban Residential (RS) to General Commercial (CG) Districts and WHEREAS, the Kenai Advisory Planning & Zoning Commission has conducted the required public hearings on July 23rd, August 13th, and August 27th; and WHEREAS, as a result of these public hearings the Planning Commission recommends approval of the rezoning request as described in the staff BEFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: Subject property consisting of those lands depicted In Exhibit "A A 5" are hereby rezoned to General Commercial (CG) District with the stipulations as stated in the Staff Comments. A�A PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of September, 1986. TOR 6AGOREFC, MAYOR ATTEST: Janet Whelan, My Clerk First Reading: September 3, 1966 Second Reading: September 17, 1986 Effective Date: October 17. 1986 L M ai CITY OF KENAI "'Od (?4Fd41q 44mlm 210 ROAL00 KENA1, ALASKA 99911 TELEPHONE 209-TM MEMORANDUM Tat Kenai City Council j FROM: Janet Loper, Planning Specialist SUBJECT: ORDINANCE 1164-86t Rezone Tract E. Sprucewood Glen 5/0 - from Suburban Residential (RS) to General Commercial (CG) District Louis Schilling DATE: August 28, 1966 r t$} i BACKGROUND f. Applicants 1 Legal Descriptions j Existing Zonings 3t Proposed Zonings Existing Land Use Plans Proposed Land Use Plant Louis Schilling Box 7155 Nikiski, AK 99635 Tract E, Sprucewood Glen S/D, Sec 5, T5N, Rl1W, SM (original plat) Suburban Residential (RS) General Commercial (CG) General Commercial General Commercial IF a DISCUSSION The rezoning petition was presented to the Kenai Advisory Planning 6 Zoning Commission and was postponed at the July 23rd meeting, and again at the meeting of August 13th due to a petition submitted by the residents of Central Heights S/D. The residents were objecting to a commercial development adjacent to a heavily populated area and on a street (Walker s° Lane) which is experiencing heavy traffic problems. L 7 I Sprucewood Glen/Schilling Rezoning Petition Page 2 The Commission requested the developer and the representative of the residents get together to reach an agreement which they did. As a result of that meeting, Mr. Schilling indicated that he will be providing a 40' buffer adjacent to Walker Lane with no access onto Walker Lane from the development. The suggestion from Councilman Wise for the applicant to deed the 40' strip to the City for recreational purposes with a value of the property to be set by the owner was approved by the owner, the residents, and the Commission. RECOMMENDATION t. Based on the forgoing data, the Planning Commission recommends approval of .... the rezoning from Suburban Residential (RS) to General Commercial (CG), :a. including the stipulation of the 40' buffer strip adjacent to Walker Lane be provided, and that no access from the development onto Walker Lane. The requested rezoning also complies with both the 1990 Comprehensive Plan +; and the proposed Comprehensive Plan and is in harmony with the surrounding 'i zoning designations. L �; rJ ;r !i J 1. PETITIONER: AND 3 2. ADDRESS: PHONE: 3. WRITTEN SIGNATURES: CITY OF KENAI REZONING APPLICATION DATE: 7/11/86 Lou Schillins dba Schilling Construction Box 7155 Nikiski, AK 99635 776-8662 4. LEGAL DESCRIPTION: TXaet 9.SprucewoodGlen S D Al S. PRESENT ZONE: suburban Residential (RS) j 6. PROPOSED ZONE: General Commercial (CG) ` i. INTENDED USE AND/OR REASON FOR REZONING: Develovment of commercial enterprises 9. REZONING CHECKLIST: r' y. i a. map V rj. b. signatures c. deposit/advertising fee ($200) j d. application form or letter k s.- t • • .•rr+i.++•s+te6aslBeis' [' .:s:r:ai•et=s:t+is.aai.i Gi�h / 64 F - :•6eaeas+:t:eB$'sa!litti; :iia*•ua+staasatasai � - tt�.it�ia�Wi{pi0�a�ttit�tt?`6�YYn���yn0tlatlYs11pap:�` -� i iff Y L L J I arr 97 NOWP THEREFOR BE IT RESOLVED by the Co ,il of the City of Kenai, Alaska.iat the City of Kenai herd accepts fron HAROLD A. & RITA DAUBENSPECK the gift of land, together with the oil, gas, and mineral rights therein and the gift of oil and gas rights in adjacent lands referred to in the deeds of December 22, 1980, to be used exclusively for public purposes. we further ' recognize that the value of this gift may exceed THREE MILLION DOLLARS ($3,000,000.00). BE IT FURTHER RESOLVED that the City honor the request of Mr. b Mrs. Daubenspeck that the oil, gas, and mineral rights, including sales proceeds, royalties, revenue, or rental income therefrom, from Tracts C, D, and E of the Daubenspeck Property Subdivision *s we!? as Frei- ?hart:; Tidelends Serve- Nc. gam. ;.o bt oedicated to athletic programs sponsored by the City of Kenai. The distributions of such funds will be at the full and sole discretion of the City Council of the City of Kenai, Alaska, to the Parks & Recreation Commission or such other City agency or city official as the City Council may from time to time authorize to use such distributions. BE IT FURTHER RESOLVED that as a gesture of our appreciation we hereby recommend that in the event a marina or park or other public facility be developed on any of the donated property that such facility be named after the Daubenspecks. PASSED BY THE COUNCIL OF THE CITY OF KEDUM11 ALASKA, this 17th day of December, 1980. f ,�zt • VINCENT O'REILLY, MA�CQ� ATTEST f v: t: •Ihs-lan-. Cit - Clerk 2 I I , At4 Daubenspeck L L G y� Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1165-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $120000 IN THE 1986-87 GENERAL FUND BUDGET FOR TWO GRANTS RECEIVED FROM THE STATE OF ALASKA. WHEREAS, the State of Alaska has awarded the City a grant in the amount of $7,000 to provide library services to the Wildwood Correctional Center; and, WHEREAS, the State of Alaska has awarded the City a grant in the amount of $5,000 under the Public Library Assistance Program for books and other library materials. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Library Grants U2 0 0 Increase Appropriations: Institutional Grant: Library - Salaries $ 2,119 Library - ESC 21 Library - Workman's Compensation Z1 Library - Transportation 100 Library - Books $ 4 739 00 Public Library Assistance Grant: !..+.brary - Books j.5.16q p PASSED BY THE COUNCIL nF THE CITY OF KENAI, ALASKA, this 17 day of September, 1986. ATTEST: Janet Whelan, City Clerk Approved by Finance: Nd 8/29/86 TOM WAGONER, MAYOR First Reading: September 3, 1986 Second Reading: September 17, 1986 Effective Date: September 17, 1986 L i Suggested bys Administration CITY OF KENAI ORDINANCE NO. 1166-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, - ; INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $500 IN THE 1986-87 GENERAL FUND BUDGET FOR A DONATION FROM THE ELKS LODGE. WHEREAS, the Elks Lodge No. 2425 has donated $500 to the City of Kenai toward purchase of equipment for the Recreation Center. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Miscellaneous Donations $500 Increase Appropriations: Recreation - Small Tools do Minor Equipment $500 - PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September, 1986. ` ATTEST: J 3enet Whelan, City Clerk I Approved by Finance: a 9Q 8/29/86 TOM WAGONER, MAYOR First Reading: September 3, 1986 Second Reading: September 17, 1986 Effective Dates September 17, 1986 L i M 'i 1 . M PNONE �4FofJoJf0ft.Z;wm 10S MUMCIPAL WAY, SUITE W "on M&132S "Mu, ALASKA 99901 _ MEMORANDUM TO: Municipal Clerks of Member Municipalities c, FROM: Scott A. Burgess, Executive Directo — .i DATE: August 18, 1988 '�SH155 SUBJECT: AMENDMENT TO AML BYLAWS ON QUORUM Please have the mayor and council/assembly of your municipality act on the ballot on the reverse side of this memo, and return it to this office by September $0, 1986. The ballot is to determine if the amendment reducing the quorum for the annual meeting of the AML to a simple majority, which was approved, and notice given, at the 1985 annual 1 meeting in Fairbanks, will be in effect at the 1986 annual meeting in Juneau. The following amendment to Article V, Section 2, was approved by the membership at the 1985 annual meeting in Fairbanks, November 16, 1985: "A quorum for the annual meeting shall be established at the opening session (noon luncheon). �A simple ma orit [seventy- Hve -percent (75%)] of the member. mU10p es which have registered by the beginning of that luncheon shall constitute a quorum for the annual meeting." (new language underlined; old language in (brackets!) Notice was given at the meeting of the approved change, and of the intent that it take effect at the 1986 conference. As a part of the motion, AML staff was to conduct a mail ballot of the membership to approve the amendment taking effect at the 1986 conference. For the last two yesr,, , the annual business meeting has been delayed for hours -waiting fov ac ;quorum to '�: s&,Isfied. The an:endme:.` to reduce the required quorum' from I15$" • V, a. "simple majority" of those registered was properly sdoptad - in accordance with the League Consti- tution (Article VIIII, Section 1), and could be effective at the 1986 conference and annual meeting in Juneau. The purpose of the ballot is presumably to meet a moral, if not legal, obligation to allow members who did not attend the 1985 annual meeting an opportunity to indicate if they wish it to be in effect at the 1986 meeting. Please return the ballot by September 30, 1986 to: Scott A. Burgess, Executive Director Alaska Municipal League 105 Municipal Way, Suite 301 Juneau, Alaska 99801 MEMBEN OF THE NATIONAL LEAGUE OF CMES AND THE NATIONAL ASSOCIATION OF ODUNtHis A BALLOT (Please return to the AML) 1 The following amendment to the AML Bylaws Article V, Section 2, was adopted by the membership at the 1985 annual meeting in Fairbanks. It - . reduces the quorum required at the annual meeting from 75% to a simple majority of those registered. The intended purpose is to avoid long delays in beginning the annual business meeting experienced the last two years. Depending on the results of this ballot, the amendment may take effect at the 1986 meeting in Juneau. a "A quorum for the annual meeting shall be established at the opening session (noon luncheon) . A simple majority of the member municipalities i' which have registered by the beginning of that luncheon shall constitute a quorum for the annual meeting." Please indicate whether your municipality: APPROVES of the amendment taking effect November 12, 1986 p(date of the annual conference in Juneau) .. DOES NOT APPROVE of the amendment taking effect November 12, 1986 (date of the annual conference in Juneau) 4 4 Murdcipality ` Date -----.---... is !F Please return by September 30, 1986 to: Scott A. Burgess Executive Director l; Alaska Municipal League 105 Municipal Way, Suite 301 Juneau, Alaska 99801 SigntAure L Title (-1 f f 4l t. yet E MUNICIPAL 105 MUNICIPAL WAY, SURE 3M (907)SN.132S PUNEAU, ALASKA 99801 August 18, 1986 Dear Mayor and Council/Assembly: On behalf of the Board of Directors and myself, I encourage you to insure the best possible attendance and participation by you and your key appointed officials at the 36th Annual Local Government Conference in - Juneau, November 12-14, 1986. The financial, policy and administrative - issues facing local government in Alaska in the near future are varied and complex. I understand the current financial hardships all our members are facing; however, approaches and solutions to these issues and problems, and perhaps even the survival of some of our member municipalities, will require a cooperative and united effort by all our municipal officials, both elected and appointed. At its meeting in Kodiak this month, the Board addressed a problem raised by the staff and by the Municipal Finance Officers of Alaska Association. The problem is that many key municipal staff members do not attend and participate in the annual AML conference, especially the policy sections. Without the involvement of the professional municipal staff in the policy i development and information sharing sessions of the conference, politically and professionally effective and feasible solutions to common problems cannot be found. Therefore, on behalf of the Board, I request that the mayor, council/assembly members, and managers be requested to allow and encourage their key appointed municipal officials to attend and participate in the annual AML conference. Many of the appointed officials such as the finance officers belong to their own statewide professional associations which meet prior to the AML conference, as well as other times during the year. Often these officials return to their respective municipalities before the official conference begins, leaving only their elected officials, or no representation at all. The annual conference ;I_t a once a year opportunity to bring tugfther municipal offici.als-- fro - across, the State to share, un lerstand and take action to -solve comtaon. problems. The major result of the ::onference is our legislative platform for the year called the Policy Statement. The actions outlined in that document, or suggested at the discussions and workshops during the conference, are only as effective as they are sound resulting from the full participation of member municipal officials; elected and appointed: part-time and professional. - I look forward to good attendance by municipal officials, and to a — - - -- - successful and productive conference. Thank you. Sincerely, Dan Keck President MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OR COUNTIVS err L cr�� CITY OF KENAI '�_4 %od ed d4d 4 4" MO PIDAL OO KENAI, ALASKA 99911 TELEPHONE -MIS MEMORANDUM TO: Wm. J. Brighton, City Manager f FROM: Keith Kornelis, Public Works Director }� DATE: August 25, 1986 FOR: CITY COUNCIL MEETING OF SEPTEMBER 31 1986 i SUBJECT: ENGINEERING DESIGN/INSPECTION FIRMS Since Engineering Design/Inspection is considered professional services, the City of Kenai can request Engineering proposals from only specific companies. Many cities throughout the United States i request a proposal from only one firm. The Public Works Department is recommending that we limit our request for Engineering Design/ Inspection proposals (RFP) to the following local firma: 1. McLane & Associates 2. Mike Tauriainen 3. William J. Nelson & Associates 4. Wince-Corthell-Bryson On a few projects, in the past, the Public Works Department has recommended not contracting with the firm that submitted the lowest engineering design cost in their proposal. Some of these firms claimed to be local but were not and we had no past experience with then. This did not necessarily mean we felt the firm was not capable but Public Works was uncomfortable giv,i-ig the firm a major city project. Not being a local firm that we were familiar with is only one item Public Works considers in making our recommendation. Some of the items we consider include: 1. Locality of the Firm Knowledge and experience of local conditions, regulations, policies, methods, problems and solutions, opinions and recommendations, soils, etc. knowing whet to do and Is L I f i i i I a Brighton August 279 1986 Page 2 i to how to properly handle the project. Being able respond'i quickly and in person when necessary. Not having the expense and the time for the consultant to commute from Anchorage. Living in the community and knowing that your livelihood depends on doing a good job for the community { gives the local Engineer more incentive to do a good job. Being there and responsible to answer questions to problems that might arise years after the improvement is completed is also important. 2. qualifications end experience of the firm and the assigned indiVidUSIS, Also the ability of the firm to be able to supply all of the major disciplines of the work. 3. Appropriateness of the firms approach. How they plan on doing the job. 4. Commitment to concluding the project in a timely manner w th n Me budget. Placing the project high on the firms priority list and assigning key people to the project. 5. Cost for the Engineering design and the estimated cost for The —inspection. Is the total cost reasonable or is it out of line? How is the cost in relation to that of other proposals? Is the cost breakdown itemizing each segment of the work reasonable and in line? Is the firm spending too much time or not enough time on each segment of the design project? The Public Works Department is presently working on the requests for proposals (RFP) for Engineering Design Work for the Float Plane Basin. We would like the City Council to consider our above recommendation and decide if we should solicit proposals from just the above four or leave it open to everyone. The decision could easily be changed by Council if this does not work out or if a particular project requires some expertise that would make it more advantages to open it up to everyone. K.K/sw cc: Tim Rogers Charlie Brown 420 r I-r c CITY OF KENAI „vd i?a p" 4 4"„ Z10 RDAL00 KIINAI. ALASKA M11 TELMONB 283- TM MEMORANDUM ■ TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: August 27, 1986 FOR: COUNCIL MEETING OF SEPTEMBER 39 1986 SUBJECT: OCEANTECH BILLING ON SOUTH STRAWBERRY, KENAITZE COURT, EAGLE ROCK, SANDPIPER, TERN, AND ROBIN I have pulled the attached billing from OceenTech on the above 1 subject project from the Bills to be Paid and asked that it be placed as a discussion item before Council. The reason I have done so is because of my perception that the Council of the City of Kenai Intends to re -coup some of the cost for redesigning and construction of a portion of Kenaitze Court. This bill is also being submitted for the total, not -to -exceed, figure when there is still some work to be done on this project. Both South Strawberry and Robin Drive have asphalt approaches that still need to be completed. The City of Kenai also still needs to receive from OceanTech the as -built myler drawings, job records, correspondence, notes, and surveying information. It is Public Works recommendation that this billing be reduced somewhat. While the amount of work on the original contract may be relatively small, the remedial work may be a considerable amount. The City of ;;ensi is presently also having problems with the OceanTech design of Cook Inlet•View, Lilac, Iliamna Street Improvements. At this point, all indications are that OceanTech designed Iliemne Street in the wrong location across private property. Unfortunately when this was discovered, the Contractor had already excavated and backfilled Iliemne Street and provided concrete returns for the street. At this point we have had the concrete returns removed and a valley gutter placed through the entire area so that Iliemne Street could be properly aligned across from Lilac. The ramifications or costs from this possible design error could be rather costly. We have asked OceanTech for a written t� response as to why Iliemne was designed in its location on the plans. L fit Brighton ii August 279 1986 Page 2 has also submitted a bill for South Spruce Street ..OceanTach Inspection, In the amount of $24,752.07. Inspection contract on that project was for $36,668.70, so there is approximately $12000 still remaining an the project. I would recommend that we go ahead and pay that bill; I have submitted it for Bills to be Paid at this time. KK/sw 7 7� cet Tim Rogers Charlie Brown A_ :. 4 JI C), �i i EE t �i 7 i { E �,�7, g9ooa, k097 Ate__ JUL 1986 HrcuVED City of Kenai PubIIC WON Dept^. .. 1 or Oceadech City of Kenai July 30. 1986 210 Fidalgo Street Invoice #14935 Ymnai. Alaska 99611 Attn: Jack LaShot Ref: Ocean Tech Job #3199 Contract - South Strawberry Rd., Kenaitze Court. Eagle Rock Drive, Sandpiper Lane, Tern Place. and Robin Drive Improvements To andiEngineeringfInspection Services or Project non the rabove irefSurveying, referenced project: 3-Man Crew / 6,630.00 / —51 ` rs 130.00 / 546.00 3 hrs OT @ 130.00 + 40% i 2-Man Crew le .00' 50.5 hrs 3 92.00 / 4,646646.60 " 7 hrs OT La 92.00 + 400 1-Man Crew / ! . 330.00 hrs ` 55.00 2 :Zrs OT 3 55.00 + 40%� 1--'0('13 7.07.60 iY I Projec��;;oo <r t En s hrs16 Ld 00 C4 f-rw &'!y PGA/, 1 040. 00 orNor ��QA C,E Project Inspector 00/ 7.837.50_8,877.50 � Poll Sub -Contractor Invoices Northern Test Lab, Inv. #1355 162.95 f Northern Test Lab, Inv. #1353 337.31-*** .., "••• Northern Test Lab, Inv. (i1331 368.. 03 coo$ 49 0 22,953.39 CONTRACT NTE 22.834.60✓ 4 5,10"Ay _-. gMo-4, ' m •✓sr NTE. TOTAL THIS INVOICE 22.834. 0194 5333 Fairbanks Street. Suite 11 / Anchorage, Alaska 99518 / Telephone '(907) 563.20W L L .: f { 1 - - - -- ,. r. i i 0 N July 9, 1986 C . CIA City of Kenai ' 210 Fidalgo Kenai, Alaska 99611 ATTNs Jack LeShot 8Es Inspection Contract Extension Mr. La3hots ....« •.yu.,r.,rom NMI 1 oceaunTech FOR COUNCIL MEETING OF F-3-$` City My. ---0 Attomey ®Public Works --Q City Clerk Finen'�e Orl• gIJW ToT Submitted By-iff Cornell OK []No []Yes Ck-- The proposal that Ocean Technology, Ltd./Arctic Slope Consulting Engineers submitted on April 9, 1986, was based upon the concur- rent oonstruotion and timely completion of the three projects. Due to the protracted conflicts between the underground utility companies and Doyle Construction on the Eagle Rook, excavation progress was hindered. Our work schedule and manpower allocation, which was clearly delineated in the proposal, assigned a total of 45 mandays for the inspection of the Eagle Rook and South Spruce Street Pro- jects. As you know, the work on Spruce Street will begin on July 8, 1986. A possibility exists that both projects will be com- pleted prior to the expiration of the scheduled time of our Inspector. Should the projects surpass the 45 days, OoeanTeoh/ASCE will expect remuneration for the additional inspection time required. An argument may be made that our costs were a not-to-exoeed amount, and we are, therefore, not due any additional monies. However; a proposal suoh as .the one -that was presented by u3 must be takon on the whole, not out of oontext ay. employing only the projected *oats. We feel that the submitted documents reflected a reasonable -and prudent construction timetable -and delays en- countered once the job began could have been avoided by the contractor. It is not the responsibility of the inspector or engineer to direct the construction activities schedule. The inspector, who was on site at all times, noted the various problems, but had no reason to indicate that shutting the job down would be justified. The job continued slowly on with little actual progress. These types of delays are senseless and can not be construed as prudent construction methods. 7 , t � a 5333 Fairbanks Street Suite 11 / Anchorage, Alaska 99518 / Telephone (907) 563.2050 L L ,. �t e� .. :. T } a rl . Oce7deCh r) Our contract with the City mandated that a representative of OoeanTech/ASCE would be on site during all phases of construction t and we have oomplied with that, as well as all parts of the contract. We feel that, due to the extreme construction time which could not have been forecast by us, an extension in the contract amount for the inspector is warranted. If you have any questions concerning this matter, please call me at 563-2060. Sincerely, OCEAN TECHNOLOGY, LTD. Bill Mendenhall Project Engineer i BMsma cos Gary Book Lee Johnson, ASCE { t L r �f ;„ r . r (D July 25, 1906 MEMORANDUM Tot Wm. J. Brighton, City Manager Fromt Tim Rogers, City Attorney Res Jewel Machen, Shore Fishery Lease, Plat 071 The history of Ms. Machen's lease of the above -referenced tract dates back to when the State exercised jurisdiction over Shore Fisheries Leases. Ms. Machen's State lease number ADL 44349 expired. Ms. Machen expressed interest in renewing the lease with the City of Kenai. In April of 1981 we wrote Ms. Machen a letter advising her that she could renew her lease with the City at that time. She did not act. Again, in September of 1985, we sent Ms. Machen a letter asking whether she wanted to renew her lease at the old rate of $40.00 per year. I would submit that $40.00 per year is a pittance compared to the value of the Shore Fishery Lease. Again, on January 10, 1986, we sent Ms. Machen a certified letter, which she picked up, in which we asked her to renew her lease immediately. Again, she failed to act. Finally, on June 13, 1986, we mailed Ms. Machen a 30 Day Notice to Quit the Premises in which we suggested the City was going to a qualified lessee unless we heard from her. I have no idea whether or not Ms. Machen is currently utilizing the Shore Fishery. It is clear that under the 30 Day Notice, which she picked up on June 23, that she should not be in possession of the Shore Fisheries Lease. Thirty days have expired and it is my opinidn that Ms. Machen is ' without any interest in the above -referenced Shore Fishery. I am now informed that she appeared on July 25 in City Hall and submitted a letter in which she suggested that she wanted to continue her lease on the Tidelands Fishery and admitted that she failed to sign the lease within the 30 days given to her due to the claim that she was ill at the time. L 7 F 7.1 �1 ,f41 1 { July 9, 1986 City of Kenai 210 Fidalgo Kenai, Alaska 99611 ATM Jack LaShot BE: Inspection Contract Extension Mr. LaShott FOR COUNCIL MEETING OF 9-3-V& nCity Mgr. —0 Attomey Public Works --0 City Clerk �•[� Financ�e—[] OrlQk�al Tom Submitted By—� Connell OK 13No DYes Ck•—•• The proposal that Ocean Teohnology, Ltd./Arotio Slope Consulting Engineers submitted on April 9, 1986, was based upon the Concur- rent construction and timely completion of the three projects. Due to the protracted conflicts between the underground utility companies and Doyle Construction on the Eagle Rook, excavation progress was hindered. Our work schedule and manpower allocation, which was clearly delineated in the proposal, assigned a total of 45 mandays for the inspection of the Eagle Rook and South Spruce Street Pro- jects. As you know, the work on Spruce Street will begin on July 8, 1986. A possibility exists that both projects will be oom- pleted prior to the expiration of the scheduled time of our Inspector. Should the projects surpass the 45 days, OceanTech/ASCE will expect remuneration for the additional inspection time required. An argument may be made that our coats were a not-to-exoeed amount, and we are, therefore, not due any additional monies. Howeyer,• a proposal such as .the one -that was presented by u:s must be taken on the whole, not -out of oontext by. employing only the ' projected costs. We feet that the sabmitted documentz reflected a reasonable •and prudent construction timetable -and delays en- countered once the job began could have been avoided by the contractor. It is not the responsibility of the inspector or engineer to direct the construction activities schedule. The inspector, who was on site at all times, noted the various problems, but had no reason to indicate that shutting the job down would be justified. The job continued slowly on with little actual progress. These types of delays are senseless and can not be construed as prudent construction methods. 5M Fairbanks Street, Suite 11 / Anchorage, Alaska 99518 / Telephone (907 683•2080 oil 13 A � t J t' ..i. . F i41 o�� Our contract with the City mandated that a representative of OceanTeoh/ASCE would be on site during all phases of construction and we have complied with that, as well as all parts of the contract. We feel that, due to the extreme construction time which could not have been forecast by us, an extension in the contract amount for the inspeotor is warranted. If you have any questions oonoerning this matter, please call me at 563-2060. Sincerely, OCEAN TECHNOLOGY, LTD. �y �y Bill Mendenhall Project Engineer BMsma oo: Gary Book Lee Johnson, ASCE i i 1 1 r . t. July 25, 1986 MEMORANDUM •. - To: Wm. J. 8righton, City Manager i i From: Tim Rogers, City Attorney ; E 3' Re: Jewel Machen, Shore Fishery Lease, Plat #71 -- is The history of Ms. Machen's lease of the above -referenced tract dates back to when the State exercised jurisdiction over Shore Fisheries Leases. Ms. Meehan's State lease number ADL 44349 { _ expired. Ms. Machen expressed interest in renewing the lease with the City of Kenai. In April of 1981 we wrote Ms. Machen a letter advising her that she could renew her lease with the City at that time. She did not act. V Again, in September of 1985, we sent Ms. Machen a letter asking whether she wanted to renew her lease at the old rate of $40.00 per year. I would submit that $40.00 per year is a pittance compared to the value of the Shore Fishery Lease. i I Again, on January 10, 1986, we sent Ms. Machen a certified letter, which she picked up, in which we asked her to renew her a' lease immediately. Again, she failed to act. Finally, on June 13, 1986, we mailed Ms. Machen a 30 Day Notice 4 to Quit the Premises in which we suggested the City was going to a qualified lessee unless we heard from her. I have no idea q whether or not Ms. Machen is currently utilizing the Shore . ? Fishery. It is clear that under the 30 Day Notice, which she picked up on June 23, that she should not be in possession of the o -• Shore Fisheries Lease. Thirty days hays expired and it is my opinidn that Me. Machen is without any interest in the above -referenced Shore Fishery. I am � now informed that she appeared on July 25 in City Hall and submitted a letter in which she suggested that she wanted to ' continue her lease on the Tidelands Fishery and admitted that she failed to sign the lease within the 30 days given to her due to - r_... the claim that she was ill at the time. L It doesn't seem to me that Ms. Machen could have been ill since 1981. The City has essentially bent over backwards to give Ms. Machen the benefit of this bargain fishery. It is my opinion at this time that the fishery should be advertised., and let to the highest bidder. This would be the most continent with protecting the public trust. As to any current utilization f the fishery, I would suggest that it would be a simple matter to evict her from the fishery through a court proceeding. A Forcible Entry and Detainer Action could be accomplished within a minimum relatively short period compared to other court actions given the statutory emphasis given on swift resolution of these causes of actions. TJR/kh L Jt -- R .;t i i' � ♦ N Q 't\ b,•Ilk kj c Yf 'fer\!• 4 \ i� j V Z va ♦x ` so� .• ♦♦� :a ` 's OW \ C?I O � { N 1 . JIJ i vo o a o 7�\ m � •J R OHO ----------:_� %Lc.r • wZ L Ic r NOW go G-►I CITY OF KENAI of Del capial a f, �4,� MO FWAM KWAI, ALASKA M11 TELEPHONE M - 7635 MEMORANDUM TO: Councilmembers City of Kenai FROM: Tim Rogers, City Attorney City of Kenai DATE: August 29, 1986 RE: Phil Evans, Lot 3, Block 5, CIIAP Rescission At the August 20, 1986 Council Meeting, the Council approved the rescission of the above -referenced property based upon Mr. Evans' signing an amendment at an increased rate on his other property. At that time, the Council suggested that Mr. Evans should pay the July and August rent as the rescission would only become effective in August of 1986. Mr. Evans originally submitted his request for rescission on June 30, 1986. Had we acted on that request at that time, Mr. Evans would not be liable for the rent in August and July. This Department specifically withheld Mr. Evans' request for rescission in abeyance, pending the Council's decision on the .5 Yamamoto property. The reason for withholding Mr. Evans' request is that we felt the pending decision on -the Yamamoto property would -=act as a precedent. The Yamamoto case was especially i difficult in that her -,Yamamoto had gone to great lengths to get his -lease and refused to sign an amendment at an increased rental i for his other property upon which the Little Ski-Mo is located. I �. Unlike the Yamamoto case, Mr. Evens has been very cooperative did j-- with us through this renegotiation process. In essence, we not want to set a precedent with Mr. Evans' request for rescission. i� I �i ,f �y x 'jj �i t I Because we withheld Mr. Evans' request for rescission, pending the Council's action on Yamamoto, it is my opinion that Mr. Evans should not be surcharged for the months of July and August, in light of the fact he made a timely request for rescission. Accordingly, at this time I am asking the Council to approve the rescission without Mr. Evans having to pay any part of this year's rental on the properties located at Lot 3, Block 5, CIIAP. TR/clf L W 11 W"-w CITY OF KENAI od eapdal ej 4" 210 F:DAL00 KENN, ALASKA 99611 TELEPHONE 283.7535 MEMORANDUM TO: Councilmembers City of Kenai FROKO Rogers, City Attorney / ty of Kenai DATE: September 3, 1986 RE: Mandatory Water Hook -Ups The question has been raised whether or not the City of Kenai may require hook-ups to water and sewer and whether or not such actions could constitute a taking under the U.S. and/or Alaska Constitutions. Since at least 1913, the law in the this country has been that cities may, under their police power, require mandatory hook-ups to water and sewer. See, Hutchinson v. Cit of Valdosta, 227 U.S. 303, 33 Sup.Ct. 290, 7 Law.Ed. 520(1913). In 1955, this proposition was reconfirmed in Sanitation Commission v. Craft, 87 S.E.2d 153 (1955) and more recently valiTe-ted in mcmnhon v. City of Virginia Beach, 267 S.W.2d 130 (Va. 1980). The rdminiatrat:ve procedures for well abandonment and forfeiture s, are attached. TR/clf Attachment r • i �f i • � i Register 87, October 1983 NATURAL RESOURCES I1 AAC 93.940. PROCEDURE ON ABAN- DONMENT AND FORFEITURE. (a) If the commissioner has reason to believe that all or part of an appropriation has been abandoned or forfeited, he will conduct a preliminary investi- gation. if the investigation supports a finding that the beneti,:ial use of the water has been wholl; or partially abandoned or forfeited, the .,:rrtftcaw holder will be notified that the com- missioner intends to cancel his certificate for nonuse to the extent of the nonuse. The revoca- tion notice will be sent by certified mail. (b) The holder has 60 days from the day the notice of revocation was mailed to file objec- tions to a preliminary determination of nonuse. Upon receipt of a timely filed objection from the holder, the commissioner will, in his discre- tion, take additional evidence or hold a hearing before making a final determination. If no ob- jections ire filed within the time period, the determination becomes final. (c) Based on all the evidence, the commis- sioner will make a final determination after the close of the response period or, if a hearing is held, after the close of the hearing. The holder will be notified of the decision by certified mail sent to the last known address on record with the division. (d) An appropriation that is found to be abandoned or forfeited under 'his section re- verts to the state and the water becomes um - appropriated. The commissioner will record any final determination or decision that declares an appropriation abandoned in whole or in part at the recorders' office in the district where the appropriation was located. In addition, the com- missioner will, in his discretion, secure a court order for the removal of the works of appro- priation. (e) In order to implement this section the commissioner will, in his discretion, require a record of use to be submitted on a specified regular basis. (Eff. 12/29/79, Reg. 72; am 9/ 11 /83, Reg. 87) Authority: AS 46.15.020 AS 46.15.140 AS 46.15.160 I 1 AAC 93.940 11 AAC 93.970 under this chapter shall record his certificate n; the recorder's office in the district where the appropriation is located to guarantee priorit% against adverse claimants. (Eff. 12/29/79. Reg 72 -.am 9/ 11 /83, Reg. 87) Authority: AS 46.15.0_1'1 At 4t).15.16n AS 46.15.1 "c I AAC 93.960. DISCLAIMER OF LIABIL.- ITY. The State of Alaska and the depart,n:,::. its agents, and employees are not liable for claims arising out of activities conducted un,icr letter of entry, permit, or certificate under this chapter by the holder or or any third party. Neither this chapter :,,- letter of entry, permit, or certificat: under it is intended as a waiver of immunity. (Eff. 12/29/79, Reg. 72) Authority: AS AS 11 AAC 93.970. DEFINITIONS. L context indicates otherwise, in this ci. - (1) "adjudication" means the aiir• determination of the validity and v- water right and includes the settle,:.. flicting claims among competing users of record; (2) 11be%.2if c-,Oe of appropri�tro: inst► -u,cr., *rmting the owner the i propriare •+atcr, subjt.r to the ,crc: tions contained in it. (3) "certificate of approval" 1- ftcate issued by the comm,sS141;.. eration of a dam or reseno.: strictions imposed by the conim. (4) "commissioner" mean ,: of the Department of Natui.,: i delegate; (5) "dam" means any art:, . gether with appurtenant % purpose of impounding %%at.; a canal used to raise, lower. it and no fill or structun: commissioner to be design: way or railroad traffic is coi-, CITY 4F KENAI 4 la"a 0 0, 210 FIDALOO KENAI, ALA8KA M11 -- TELEPHONE 283.7635 MEMORANDUM TO: Councilmembers City of Kenai F r m Rogers, City Attorney ity of Kenai DATE: September 3, 1986 RE: Runway Lounge Insurance/Rent Reduction The Runway Lounge has requested a reduction in their lease rate. They have also requested that in the alternative, their insurance be underwritten by the City . Apparently the basis for these requests is that their liability insurance has become quite expensive and the resultant downturn in the general economy of the area has lessened profits. INSURANCE KMC 21.20.270(a)(2) requires that a lessee of the City airport lands have liquor liability "where applicable." It would seem that no place would be more applicable than the Runway Lounge. Because the Code section does not specifically set out what is Anpllcable; :t is pressumt,tivoly within the discretion of the Council to detr:rmine where such liquor liability would be applicable. -Accordingly, it the Council wanted to delete the insurance requirement, it would probably not be a violation of the City Code. Underwriting or paying for the Runway Lounge's insurance is another matter. One policy consideration the Council may went to examine is what effect paying their insurance would have on the City's own insurance policy. Increasingly, it has become L -� F b apparent that lessees and other recipients of government largesse in generei, are moving towards a policy of getting out from under insurance requirements and at the same time, transferring the ' burden of the insurance to the individual municipalities. 3 Finally, the most important aspect of paying a lessee's insurance is that the City should treat all the lessees the same. If the Council sets a precedent by paying insurance for a high visibility liability area such as the Runway Lounge, it would seem that the other lessees would be clamoring immediately for underwriting of all their insurance requirements. While we can certainly sympathize with the economic trends and how they have treated the Runway Lounge, we are not dealing with passive lessees who are simply sitting on properties for speculative purposes; i.e. lessees with limited liability problems. What the City is dealing with here is a bar and all the attendant liability that attaches to such7 an enterprise. This department strongly urges the Council not to take a possible precedent -setting action and assume the lessee's insurance burden. RENT REDUCTION The request for rent reduction is not without problems. This lease was originally let pursuant to an RFP and resultant bids. Apparently the Runway Lounge overbid the lease. The situation is very similar to any contractor bidding on a public works contract. If the City so chooses, the lessee can be held to the terms of the lease. Me. Daniel's suggestion that they might close would not relieve them of their obligation to pay the rent for the term of the lease. As a general rule, a contract is subject to modification with the consent of all parties, and usually a city council has the power, with the consent of the other party, to modify a municipal contract.previously entered into so as to bind.the•municipality. `3 Mcg4i;lin, Muni_ ipsl_Corporations, §29.121 snd,aitotiona contained therein. Although thereis some confzar.y authority, it is generally held that a new consideration is not necessary to support a modification. id ® 552. Further, the contract as modified should conform to the law and should constitute a proper exercise of the reserved power to modify without fraud or misdealing. The initial point of inquiry is consideration. While no consideration is generally required, a reviewing court could find consideration for the modification. In this case, we had a 2 L IN eti . I f t previous lessee which caused the City problems. These problems have largely been cured by the present lessee and it would not be 9 Y • unfair to suggest that the Runway Lounge as it exists, is an asset to the airport terminal. Further, the Finance Department indicates that while there have been lapses in rent payments, all arrearages have been dealt with in an expeditious manner. The Legal Department has dealt with the bar owners several times over the course of the lease and found them cooperative. Finally, it can be said that the City has a vested interest in keeping a ,f lessee and avoiding turnover. All this is to say that the additional benefits of keeping the Runway Lounge at the airport through a downturn in the economy can be seen as adequate . consideration for a lease modification. r -„ -. If the contract were modified soon after the award of the bid, the issues of fraud or misleading actions or favortism could be raised. However, in this case, the bid was awarded some time ago and changed circumstances could warrant a modification. Because there would be no appearance of impropriety (or actual impropriety) and all other conditions for modification could be met, such modification would be permissible. This conclusion is not arrived at without some hesitance though. The Council should keep in mind that there was another bidder for the Lounge lease and in fairness to these bidders, the history of the bid proceedings might be useful to review in arriving at an appropriate modification of the lease rate. t.. . . i Don Aase was the second -highest bidder with $2,019.00 per month .. as the proposed lease rate. This works out to about $1.74 per "i square foot. The current lessee is paying $3.53 per month and x.. for comparison, the Concorde Restaurant is paying $.54 per month per square foot. Mr. Asse's bid was certainly within the bounds of a reasonable bid. While Mr. Aese does not have a likely cause '. of action against the City if the Council did modify the contract, lowering the rent below his initial bid raises I'F questions of whether or not the City should perhaps allow the .}- Runway:Lounge'a rescission -and re -bid the -property. Given the eronnmy,• it is unlikely that we would re: ?ivc abetter bid. ;.. .. Accordingly, I am,.Oecommending thot a modification is legally permissible and within the discretion of. the Council. the Council may, however, want to think hard about just how much of a modification is in order. as l R/cl f 3 j[ih L a ti. } N—a CITY OF KENAI „all Caf � 4 4"„ 210 RIOALAO KENAI, AL.ASKA 00011 TELEPHONE 2l 3-MIS MEMORANDUM TO: Councilmembers City of Kenai FROM m Rogers, City Attorney City of Kenai DATE: September 3, 1986 RE: Carmen Vincent Gintoli - Automated Flight Service Station/Insurance Requirements Council has requested review of the contract with Carmen Vincent Gintoli, Architect, for design and inspection of the Flight Service Station. Mr. Gintoli has requested that the Council waive any requirements of malpractice insurance on the project for himself. Can the City delete the requirement of malpractice insurance? The answer is "yes." Paragraph 1.1.8 of the agreement provides that, "The architect shall secure and maintain such insurance as 4L11 p^a,.ect him and the City is a named insured from all �a;.ms-u ider Lhe WorVuian',a Corgi; ensstior Acts and from c' gins fr;r. bodliy in,;u;ry, tr.:i_h, or property d4mdge, a-, well as any act, error, or omission or Lh a architee",'his agents or employees, which may arise from the performance of his services under this agreement." The minimum limits of coverage as to malpractice (professional liability errors and omissions) is $1 million. The agreement is a fairly iron -clad agreement and if the Council chose not to amend the contract, it is our position that Mr. Gintoli would be in default if he failed to secure the 1 14 L F ,y 16 , iy ,r appropriate insurance. There appears to be nothing within the contract which would preclude a written amendment to the contract deleting the insurance requirement as to professional services. Further, under Alaska Statute, Title 8, Chapter 48, there appears to be no prohibition against the architect performing services without malpractice insurance. This is also true under the Architect's Code of Professional Ethics (12 AAC 36.200), and under the Public Contract Law provisions of the Alaska Statutes. As an alternative to the insurance requirements, the Council could request that Mr. Gintoli post a bond. To give the Council an idea of the enormous liability which the City could possibly face as a result of negligence on the part of a design professional, I have attached an article which concerns the increasing exposure of design professionals; architect/engineers (A/E's) . The attached article makes it very clear that financial exposure of architect/engineer's and owners has been moving toward a strict liability standard in some instances. If the City were held to a higher standard, such as strict liability, there would be a resultant increase in possible liability. In regard to architects, the law places the owner in a unique and rather unfavorable position with respect to the architect/engineer. The architect/engineer is hired by the owner based on representations of expertise. The architect/engineer prepares the plans and specifications and delivers them to the owner, who puts them out to public bid. As a matter of law, the owner at that moment impliedly warrants the sufficiency of the plans and specifications to the contractor. See, J.D. Hedin_ Construction v. United States, 347 F.2d 235 (1965); Nold v. King County, 65 Wash.2d 817, 399 P.2d 611 (1965). In most cases, there is not a comparable warranty from the architect/engineer to the owner. In most cases, the law imposes a lesser standard on the Architect/engineer;.the negligence :,tandard of reasonable Bare (r,.i tata.ons omitted) . It is not surprising therefore. -that. -owners can find -themselves defending .contractor's claime hssad on defective plans and specifications, with no acknowledgement of responsibility by the architect/engineer. See, Representing the Municipal Corporation In Large Capital Projects, ABA Section on Contract Law, Seminar No. 27901 at 4-5. The message is clear, given the increased number of claims there has been a resultant increase in architect/engineer insurance premiums. In essence, just because 2 L L 1 a .1> i i TR/clf Attachment �k v t t the architect/engineer has been let off the hook, does not mean that the contractors end/or other potential litigants will not look to the city for indemnity. Another concern which might be expressed is whether the deletion of Mr. Gintoli's insurance requirements will result in a concomitant increase in the City of Kenei's in rates. 3 L L i r 1 t THE INCREASING EXPOSURE OF THE DESIGN PROFESSIONAL PART I Examining the Potential Liability of the _ Architect/Engineer During Design and Construction With increasing regularity, lawsuits against design professionals are becom- ing commonplace. They range from Per- sonal injury actions to suits by property Ai owners for breach of contract. They also include economic loss actions by contrac-tors, which Involve the largest potential amounts and which call into question an architects or engineers accountability to third parties. As noted in Figure 1. these new lines of potential liability were once almost categorically denied. This feature article, the first of a two-part series, to- cures on the developing and emerging trend in architect/engineer (A/E) liability. At the outset. it is important to recog• 4 nize those areas for which architects and engineers on a building project have tra- ditionally been responsible: • Preparation of plans and specifica- tions • Designation of construction mate- rials (and substitutes) • Estimates of construction costs Owner CM RE BARRED ABSENT PRIVITY ......... ............................... Prime Prime contractor ' = Contractor - a •Shop drawing review • The allegation that an A/E deals in a • On -site supervision 9 IfiOrpection at all phases of construe - an exact science and, therefore, ex- results results can and should be ex- pected, and Standard of A/E's Liability • The allegation that the preparation of The traditional standard applied to the a detailed design drawing is no dif- fi performance of an architect or engineer ferent than the production of goods. is due care. Liability is based on negli- Since the latter is governed under genre: i.e., performing at less than a strict liability standards, why should reasonable standard level of due care. not the former be also? Heretofore, architects and engineers have The recent decision in Tamarac Devel- not been held to the -much higher standard �htenr Co. v (1 ��amat9 ,Freund 88 As- ::i stWct tial;:liht Nthough tor-: ed in snm,. s0..' 23r1(an. 6I1�. 6I5 P.s.0 361(18EM). f ' - s. ;u( ^,alitcrn:a, t 4 :tinc:�m =.:c..als i ,iea,w piccatinn of strict iac;uly --otes venal se►r;::e i.r1 'pre. ,... ;farn-mal serv.~es portojmed by an duciinn of gcods' has hmtr+,ae.a1mrn ;r..tects cr ang:neers. In Tamare4, the ' exclusively precluded the mpalicr ji)n of afchrtectural/;,ngtnerarrng firm was re- . ! strict liability. rained to surArvise the grading construe- _ _: . _ .. . . ..... .: ....:( There has recently, however. been some bon and to check the grades on completion r inroads into the strict liability area These to ensure their accuracy. After payment Inroads have employed several theories to the grading contractor, it was discov- --z Bred that too much din had been re subcontractor I I Subcontractor moved, and thus the grading did not conform to the specified planned eleva- tions. The firm was initially sued for negli- gence, but this cause was barred by a statute of limitations on tort actions. The plaintiff then alleged breach of implied warranty (because of a longer limitations period on contract actions). The Supreme Court of Kansas agreed that an action for breach of implied warranty was proper ar-1 held the li" to a levyn of iccuracy beyond the -rer,sonabl., &ka3ttvar; of cTire noted (675 P2d i or% ): It ran ore said cc.ria,r, ::.:ati:.sioa- ;,'r , urr, & doctors and ia►ern'i, are not sub,.:•ct to such an implied warranty. Hv+vever, an architect and an engineer stand in much different posture as to insuring a given result than does a doctor or lawyer. The work performed by architects and continued an page 3 INCREASING EXPOSURE continued from page r engineers is an exact science: that performed by doctors and lawyers Is not, A person who contracts with an architect or engineer for a build- ing of a certain size and elevation has a right to expect an exact result. The Tamarac decision suggests a stricter standard of care than Is usually applied to architects and engineers. The second front in this thrust of strict liability takes on a UCC (Uniform Commercial Code) flavor The UCC, which applies to those contracts where the predominant purpose Is the sale of goods, establishes several significant warranties. • Express warranty • Implied warranty of merchantability • Implied warranty of fitness for a par- ticular purpose The question then becomes —does the preparation of a unique design drawing for the one-time construction of an indi- vidual facility constitute the furnishing of goods? Based on Article 2 of the UCC. which establishes the rules governing sales contracts (e.g., contracts for materials, equipment and supplies), the rendering of professional services would seem to fall outside the UCC. Numerous decisions seem to support that conclusion. In Allied Properties v John A. Blume 8 Associate Enaineers, App. 102 Cal.Rptr. 259 (1972), the architect, Blume. was retained to design a floating structure. The final structure did not perform up to expectations. Despite this, the court held In favor of the architect citing: The services of experts are sought because of their special skill. They have a duty to exercise the ordinary skill and competence of members of their profession, and a failure to discharge that duty will subject them to Nobility for negligence. Those who. hire such persons are not jusfifia,i In exaecthg InfalliWity, but carvex- !tW only rr;asalablu cane and wm- pfitenee. They pait*.:,se n rviee. nc.: Insurance. In Queensbury Union Free School Dis- trict v. Jim Walter Cor oration, 398 .S.201 832 (1977). an action was brought against the architect due to the failure of the structure to five up to expec- tations, namely the root leaked subse- quent to construction. The action was dismissed by the court due to a lack of a cause of action since it was held that: (1) warranties created by the Uni- form Commercial Code were not applicable since the architect's con- tract was for professional services and did not involve the sale of goods: (2) because there is no action known to law against an architect for breach L of implied warranty, and (3) since there is no implied warranty in con- nection with professional services, there Is no cause of action in strict products liability for damages alleg- edly resulting from negligent perfor- mance of architectural services. In QU of Mounds View a H. Walyaiv_i, 283 N.W2d 420 (1978). an action was brought against the architect when a building addition experienced excessive moisture problems. The ruling by the court, In favor of the architect, evidently sets forth the majority trend in A/E strict liability actions. The court described the question as follows: We have reexamined our case law on the subject of professional services and are not persuaded that the time has yet arrived for the ab- rogation of the traditional rule. Adoption of the city's implied war- ranty theory would in effect impose strict liability on architects for latent defects in the structures they de- sign. That is, once a court or jury has made the threshold finding that a structure was somehow unfit for its intended purpose, liability would be imposed on the responsible ar- chitect in spite of his diligent appli- cation of state-of-the-art design techniques. If every facet of struc- tural design consisted of little more than the mechanical application of immutable physical principles, we could accept the rule of strict liabil- ity which the city proposes. But even in the present state of relative technological enlightenment, the keenest engineering minds can err In their most searching assessment of the natural factors which deter- mine whether structural compo- nents will adequately serve their intended purpose. Until the random element is eliminated in the appli- cation of architectural sciences, we think it -fairer that 'he purchaser of the architect's serwcHa beer the risk of such unforeseeable dif f i.-Oltips. As in the case of Tamarac. some juris- dictions apparently do not strictly follow the predominant national trends. In Vin- cenzo v True Wall Systems. Inc. la case before the Connecticut Superior Court), a designers attempt to strike a strict liability count was unsuccessful: The court did not accept the de- fendant's argument that a product design is not a product. A product which is defectively designed is just as dangerous to the user as a prod- uct which is manufactured ... Trus Wall did -manufacture" the design it sold to Universal Builders in the sense that it created the design and put it into a form from which the 3 actual product took shape ... the definition of "product' should not be so narrow as to exclude a design. The Impact on the AiE profession, should application of strict liability standards be- come the order of the day, will be severe. Heretofore, liability carriers have ex- pressly excluded from coverage any war- ranties or guarantees of the A/E's performance. Obtaining insurance cover- age for this new exposure is unlikely in view of the premiums that would be re- quired. In the end, the owner of the project will ultimately absorb the cost of these premiums (if, indeed, coverage is even attainable) by the adjusted A/E fee struc- ture. The more common measure for deter- mining professional liability is whether a person who is considered by society to be a professional (as indicated by edu- cation, training, licensing and/or experi- ence) has failed, in the rendering of services. to meet the standard of ordinary care and skill that Is expected of the average practitioner In the class to which he belongs, acting in the same manner or similar circumstances. lypical of the tra- ditional approach is the recent case of Ingram v Howard-Needles-Tammen A Rergendoff. 234 Kan. 28% 672 P.2d 1083 (1983). An engineer was under contract to annually Inspect the condition of a turnpike bridge. He performed such In- spections negligently, a large hole devel- oped on the bridge, and a truck crashed into the hole and killed the driver. The engineer was held liable for the death. Uablllty Based on Project Design In most jurisdictions. an architect who is careless in preparing building plans and documents exposes himself to liability If the plans are defective or deficient, with the proximate result that the building or others are Injured, the architect will be Ileble for dae :ages. Nit►.e thhat the mepaf:hticn ,f &^fz- ic. or deficioat dorurT1-:nts in 0,, hlf foes lead to the achitect'? liability Any iiab- ity mush stem from his neg!igcnco: i.e., not performing at a reasonable level of care. An architect may also be liable for in- juries caused by his failure to detect and correct errors in shop drawings. Ja er v Henninason, Durham & Richardson, 714 F.2d 713 (8th Cir. 19831 In Jaener, the project architect approved the shop drawings "only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents.' In spite of the fact that the architect did not actually design the project and had only a review role. he was held Nable. The reason: the mistake in the shop drawing (calling for steel with less strength than that required L continued on page 4 7 J l , PIP - -- L. __ *4. __1 - .. ___ . - - - - L F1 INCREASING EXPOSURE established that: part of the architect or engineer. Substi- ooeflnued tram page 3 • The subengineer knew that the plans tution of building material poses an equal if prepared would be submitted to risk. Although many contracts contain a by the project specifications) was so ob- contractors for the purpose of bid- clause that places the duty on the con- vious that It should have been detected ding for the job; tractor to adequately inquire as to the by no more than casual observation. • The subengineer had a duty to pre• sufficiency of the substituted item. a sim- The Jaeger opinion drew a distinction pare plans in accordance with liar 'duty to Inquire may expose the ar- between design preparation and super- professional standards; chitect or engineer ft the substitution proves vising situations on the need for expert • The contractor relied on those plans to be Inadequate. testimony to support an allegation of neg- In preparing his bid: Under the standard AIA form agree- I(gence. 'Negligence4n•preparing actions • The plans were negligently prepared; ments between owners and architects, typically require expert testimony, while and the architect agrees to guard the owner negligence -in -supervising actions typi• • As a direct and proximate cause of against defects and deficiencies In the cally come with the 'common knowledge' the negligent plans. the contractor work performed by the contractor. Nu• exception' (714 F.201 at 776). suffered economic loss. merous recent cases have focused on the An may be liable to an owner Accordingly, the court allowed the con-. architect's failure in this regard While the fcr, economic, loss stemming from faulty tractor to maintain the action. standard AIA contract does not require design. In Ace Plumhmq 8 �:aatmg, Inc, the architect to perform exhaustive or t! Helena Flats School Uistnct 15. 662 Post -Design Uabl'i►y contiutious on•sile inspection, he can R2d 1327 (Mont. 1983), a defect In the Specifying construction materials And nonetheless be deemed negligent if the school's water supply system was found variances for substitutions also exposes construction defects were discoverable to be the direct result of the archftect's architects and engineers to an element of through a reasonable inspection. In effect, Inadequate design. For this reason, the risk. In designating permanent materials, the architect may not *dose his eyes' and architect, and not the builder, was reason- the NE is responsible for ensuring that fail to make any inspections when even a sible for the costs of the necessary mod- the contract plans and specifications minimal effort would have disclosed the location of the system. comply with applicable building codes for defective condition. Such an inspection In the course of preparing plans and the areas where the facility will be con- duty takes on even greater import when specifications, the architect's or engi- structed. Failure to do so could well result the architect or engineer is contractually nest's newest exposure is in the area of in a ruling of statutory negligence on the required to perform quality control tests. third party economic damages for negli- ccnflnued on Rage B gent preparation. Despite the absence of privity, it may be possible for a contractor to bring suit directly against an allegedly Figure 2 negligent architect or engineer solely for economic damages. The contractor may AIE Exposure to Financial Damages allege and prove that • The architect or engineer knew that his plans would be the basis for a contractor's bid; • The architect or engineer did not owep have indemnity protecting against less than the reasonable standard of care; • The contractor relied on the archi- tect's or engineers plans; t • The plans were defective when mea- t sured by a reasonable standard of e care; Tcontractor's economic foss or t pd direly from the negligent plans , The•tr ind.mvfard liability for economic t = 2ndTWr I loss has progressed to the point of allow- t aWA& ing a direct action between a subcontrac- I ��N� for and the architect or engineer, as well ' as between a prime contractor and a subengineer (a 'design professional' not •^ � """"'""'"""""""'""" in privity with the contractor). Figure 2 Is Illustrative of the multi -party lawsuit trend a Sub Increasingly seen in construction today. I The latter action noted was experienced In Confor 18 Fi ere Inc. v John C. Morris r • 176 J.Super. 1, M418 A.2d I 2n0 Tip auE Sind TM Sub 1290 (1980). The subengineer contracted with the 'prime' engineer for the props - ration of the mechanical plans. Despite ,eStstrs the fact that the contractor and subengi- Weer had several layers of 'privity' ►nsule• caw.da's carom _... sw he's 30 am Adw" G .CoaM« U" 2'*C ; G04""""' tfon between them, the court nonetheless ,� 1&00rCM �����. &A „»»�..•. •f.iap"ACAM oil L r 6 cj {4i • � -i� r t� INCREASING EXPOSURE continued from page 4 Under such circumstances, he would be deemed negligent if, in lieu of performing the required independent testing. he merely relied on externally performed test re- ports. Acceptance of contractual duties and responsibilities Is exposing architects and engineers to broader liability. For In- stance, most construction contracts specify procedures for handling 'changes.' The architect or engineer may be at risk should he circumvent those contractual procedures. Should he direct a contractor to.perform extra work without following the contract's change order provisions, he may be liable for soma or all of the casts of such change. Furthermore, the architect or engineer may owe a duty to the construction contractor to avoid neg- ligently -Incurred additional expenses. Ad- ditionally when the NE acts 'outside' the contract, insurance coverage may be de- nied Liability When Performing as a Constniction Manager Professionals involved in construction management are experiencing what de- sign professionals first encountered ap- proximately 20 years ago —lawsuits and claims from every conceivable party. Un- fortunately, the dramatic rise in claims has been followed by an equally dramatic rise In professional liability insurance premi- ums, Although the definition of a construction manager (CM) is not always clear, the one commonly followed in the construction Industry has the CM In the capacity of an owners agent. The CM is a construction professional subject to the same liability standards as other professionals. 'Rea- sonable standard of care establishes the baseline from which the CM can be ad- judged to have adhered or failed to meet the standards of ordinary care and skill which is expected of the average `practi- tioner' performing duties In similar cir- cumstances. But exactly what is the "reasonable standard of care' as applied to construc- tion management? The assessment and definition have changed greatly over the past several years. Third -party actions by owners against CMs have expanded dra- matically, The various parties in the design and construction process are allocating the primary risks onto the party often best able to control and minimize that risk It Is common to see risk allocation clauses in owner/CM agreements; this is particularly evident In agreements where the owner is a governmental body, such as a munic- ipality. For example, the following clauses Lim were embodied in a recent owner/CM contract on a project which experienced a multi -party construction litigation: The CM Consultant shall super- vise the work to be performed by the Contractors through the com- pletion and shall see to it that the materials furnished and the work performed are in accordance with the drawings, specifications and contract documents. The CM Consultant shall coordi- nate the efforts of all Contractors to Insure that the Project is on sched- ule and is well constructed In ac- cordance with the Contract Documents. titter award of the contra^ts for each Phase, meet with aft Contrac- tors and revise the CPM Programs as necessary to reflect the detailed planning of the Contractors within the established time periods .. . The CM Consultant shall obtain the approval of every Contractor in- volved in each Phase prior to dupll- eating and Issuing the revised CPM Programs so that when issued, they properly will be considered to be the 'Contractors' CPM Programs. Maintain a full-time construction supervisory and inspection staff at the jobsite for the coordination and supervision of the work of the var- ious Contractors. Establish and implement pmce- dures for and maintain coordination among the State, the Architect, the various Contractors and the CM Consultant himself with respect to all aspects of the Project. Check all shop drawings, com- posite shop drawings, brochures and material samples for compliance with the Contract Documents and coor- dination with all other related or affected work. Return to the Con- tractots all submissions which do nb; comnly aridur are not coordi- nate, and i,f.uck all resubmission. Supervise AC inspect the work of all Contractors until final comple- tion and acceptance of the Project by the State, including a compre- hensive final inspection to ensure that the materials fumished and work performed are in accordance with the Contract Documents and that the work on the Project is p►ogress- Ing on schedule. These clauses which were actually used on a complex project employing multi - prime contracting made the CM vulnera- ble to risk. The American Institute of Architects' Document A201/CM also places consid- erable performance risks on construction managers. Its -General Conditions of the r Contract for Construction —Construction Management Edition," provides as fol- lows: The Construction Manager is the person or organization identified as such in the Owner -Contractor Agreement who is engaged to man- age the construction of the Project, and is referred to throughout the Contract Documents as if singular In number and masculine in gender. The term Construction Manager means the Construction Manager or his authorized representative. The Construction Manager will be responsible for scheduling.grid co- or►imatinp the Work of all Contrac- Fors on the N)Iect. The Construction Manager will review and process all applications for payment by the Contractor, in- cluding final payment, and make recommendations to the Architect for certification for their payment. The Construction Manager will process all shop drawings and sam- ples from the Contractor to the Ar- chnect. These are formidable (and risky) re- sponsibilities. Bases of CM's Liability Construction managers are under in- creasingly close scrutiny as they perform their responsibilities and duties. A listing of these responsibilities can also serve as a listing of the areas in which they are exposed to potential liability: • Design review/constructibility/mate- rial selection: • Preparation of cast estimates; • Safety: • Scheduling and coordination of con- tractor's work activities; • Change order processing; • Expediting of shop drawings: • Supervision and inspection; and •.* Certification of contractor payments. OF -the various responsihilities. safety and eoordinationtscheduling appear to lead the trend toward greater iirhility. This is particularly true on multi -prime contractor Projects. General construction contracts have traditionally placed the responsibility for jobsite safety onto the contractor. Al- though this remains true today, the CM nonetheless can be held liable (at least jointly with the contractor) in instances in which the safety hazard was foreseeable or where safety codes were not enforced. A couple of recent appellate decision illustrate this trend. In Parsons, Brinckerhoff. Ouacle 8 Douglas, Inc. v. Johnson. 161 Ga. 634, 288 S. E.2d 320 (1932). a new rail rapid transit system was being built in Atlanta A workman was injured when the crane continued on page 8 L L INCREASING EXPOSURE continued from OW 6 he was operating struck a live power line. State safety codes required that power lines be de -energized when working in close proximity. The i;M was cognizant that the line was live and that the contrac. tor would be working in the area. Because he failed to have the power company de• energize the line and failed to force the contractor to do so, the CM was found to have failed to exercise due care and was held liable. Caldwell Y. Bechtel Inc . 631 F.2d 989 (D.C.Cir. 1�„h0), elan i;wglv0 a roil rapid tran:rit Cons►rucliun prcfec.. S wcrkm3n brovnn► suil attain^.t me C%. tecrusn_ of dange,ioisly high luvei,, 0; ;pia: dust in the subway tunnel. The CM hao the con- tractual duty to enforce jobsde safety reg. ulatiOns. Because there was a foreseeabie health risk due to the high dust levels, the CM was negligent by not taking reason- able steps to prevent the harm. The CM was liable to the workman in a third party action. NOW that the above two decisions con- cerned contractual duties assumed by the Construction manager to enforce safety regulations. When this duty is not as- sumed contractually by the CM. appar- ently there is no implied duty either. See Coffee v Derby Steel Co.. 291 Md. 241. 434 A.2d 58411981). Contractor scheduling and coordination is an area that presents even more Com• prehensive liability exposure for the con- struction manager. With the advent of multi -prime construction. the task of scheduling and coordination has as- sumed much more importance. Simply Put a multi -prime project is one in which the owner awards several Separate prime contracts for the construction of a facility. Since each of the prime contractors gen- eraNy 90f.equal stflture (rrgardin(lduties s and;respdrlsibil:ty), coordination of {t)e Prime team" is 9 cru;,►al--Hnq oftendif- ficult—task for the CM. In general, the construction manager Owes a duty to the contractor to avoid negligence -caused additional costs for contract performance. When a CM as- sumes scheduling and coordination re- SPOnsibllity (in accordance with AIA A201 t CM), discharging this duty while minimiz- ing the potential for liability can be a f problem, 88 Indicated by the following 4cases. , In R. s. Noonan. Inc. v Morrison-Knud- # son Co,. 522 F.Supp. 1186 (E . La. 1981), i an aubmoblle assembly plant was being + built by several prime contractors. The olaintff. the contractor responsible for auilding structural concrete and storm Rains. was unable to complete parlor- : nance because of rainy weather and ti f- unstable soil conditions. It alleged that the construction manager should have antic. ipated such a problem and built a tem- porary site drainage system which would have prevented the damage to plaintiff's partially -completed storm drains. The court, held that no prime contractor is presumed! to accept the risk of active interference with performance, so the CM was liable. The construction manager also actively interfered with the contractors work in John E. Green Plumbing 8 Heating Co v Turner Construction Co., 500 FSupp. 910 (E,D.M►ch. 1980). The contractor had un- dertaken to perform the plumbing and mechanical wort, on a; , .Pital uons!ruc- ti�an prop:ci. His contract with the owner ii:Guri:c a .no daftoe for del, , clautie, . watch provided the c Ina exiersion would be the only remedy for a delay caused by the act, omission or default of the owner or CM. Numerous problems, caused by the active interference of the CM. resulted In delay. Despite the'no damages' clause, the court concluded that reasonable par- ties would not waive damages for inten- tional Interference with work. The CM again interfered with a con- crete contractor's performance in Gate- way Erectors Division v Lutheran General Hos riot, 102 III.App.3d 300. 430 KE W 20 0981). after a dispute arose over the sufficiency of the concrete. Deciding In favor of the contractor in his suit for negligent interference, the court opined i that since architects and engineers owe a duty of due care to contractors whose economic interests will foreseeably be affected by their conduct. the standard for the CM should be no different. On a multi -prime project, one of the Prime contractors may be designated to assume the responsibility for coordinating the work on all the other primes. In Broad- way Maintenance Coro. v. Rutgers. 180 N.J.Supe� 310. 434 A.2d 11.15 (19f31), the.duty to COoro►rate was so allocaied, lhereby insulating the .owner from aetay .damages. Because the prime contractor also acted in the capacity of CM, he was liable to the other contractors for his fail- ure to adequately perform the coordina- tion. Although the apparent trend Is to find liability for a construction manager's fail- ure to Coordinate. not every case so holds. On a multi -prime power plant project in Arizona, a mechanical contractor claimed that the CM's failure to Coordinate the Primes (a duty set forth in the CM's con- tract with the owner) resulted to delays and damage. Harbor Mechanical Inc v rizona Electric Power C000erahve, Inc.. 496 .Supp.681(D.Ariz. 1980). Thecourf ruled that the CM's liability could stem only from a contractual duty; and since there was no contract between the me. chanical contractor and the CM, the CM Continued on Rage 12 owed no duty. Recent Arizona decisions have swung the other way (see also 'Per- spectives" in this issue). The obligation for the CM to exercise due care extends to the requirement to follow express contractual procedures. In Plan-Tec. Inc. v. Winning. 443 N.E.2d 1212 (Ind.App. 1983), a case involving a multi -prime hospital project. the CM di- rected one of the primes to modify certain exterior expansion joints. This work was outside the primes contract, and the CM wa: so 3.1vicet ristead of following the contracCs ChanLte order procedures. the, CM directed .i S:►bcon'rector to p3: form the vmk Berauss of the CMs failure to adhnra to the contmctual provisions for making chant", . he los! the protection of an Indemnification clause and was held financially liable. The need for strict adherence to con- tractual requirements was also the basis of liability In New Orleans v. Vicon. Inc.. 529 F.Supp. 1234 (ED.La. 1982). A CM's work on an airport runway improvement Project included the requirement to per- form independent testing. This testing was to verify the compliance of the work with the contract specifications. In lieu of per- forming such independent tests, the CM merely relied on the test results obtained by others. This failure to comply with express contract requirements resulted in the CM's liability. The next issue of KC -News (Conclud- ing this two-part series) will focus on financial measurement criteria for ascer- taining damages arising from the A/es failure to adhere to the reasonable stand• and of care.w L ow-k—__ __f - . - A-- - - L MEMO TO: Kenai City Council FROM: Cberles A. Brown, Finance Director e9Q DATE: August 29, 1986 SUBJECT: Classification Plan On August 27, 1986, Janet Jaron presented to you a summary of the results of her study. Attached to this memo is a full copy of the narrative, including ;t Attachments A, H, I and J, which she provided to the City. I have not copied Attachments B, C, D, E, F, G and K, which are primarily for Administration use and of little value to Council. In addition, I have provided Attachments 1 and 2, which were prepared by myself. These show a new salary table, including ranges 4, 5 and 6, and a workpaper identifying the cost of implementing the plan. An important point is that upon i, increases in range, an employee does not move straight down the salary table, but rather to the lowest step in the new range without an actual pay decrease. �4 7; 3 The projected annual cost is $15,423. As you will see later, I propose that if Council desires, we could initiate the plan on December 1, 1986. That would amount to about $9,000 of cost this fiscal year. We have set aside $50,000 in the budget for possible increases. Janet Jaron recommended no decreases. The Finance Department will maintain the file of job descriptions, but will be v providing copies to the related departments. As indicated on page 3 of Jaron's f`f i narrative, Robin Feltman is the primary individual in the Finance Department who i will be maintaining the files. Consistent with information on page 16 of Jaron's narrative, Feltman has been asked to change her name to Feltperson. This is how the Administration intends to proceed: 1) Submit this memo, with attachments, to Council on 9-3-86. 2) Request the City Clerk to place this subject on the 9-17-86 agenda as a 9 discussion item. The Administration intends to take no action beyond this point unless directed by Council. 3) If directed by Council, .i will: a) -'Prepare an ordinance amend-ing the•tCode to reflect the new titles and pay ranges recommended ftt the study. b) Prepare an ordinance adopting a new pay table, which includes the necessary range 6 referred to in the study. c) Discuss with the Fire and Police Chiefs the issue of training ! positions. d) Transfer and/or appropriate money as necessary. Attorney -"------- _ '-- e) Adjust job description and pay range for Assistant position. ;, £) Begin the process of making the changes at the 10-1-86 meeting. This will allow a public hearing on the ordinances at 10-15-86, with an effective date of 12-1-86. t� h 7 c� 17 E d {� 1 'i a h c _ 1 11 4 . Page 2 4) There is one other change that I would like to make to the personnel code, whether or not these other changes are adopted. Currently, anniversary dates are normally 6 months from on. That means that almost all employees get step increases in the middle of a month. This results in needless proration of salaries every mouth. I have one person handling payroll (in addition to all encumbrance, accounts payable, employee benefits, and personnel -related functions). We have about 75 full-time employees, compared with about 45 nine years ago. It would save considerable time if all anniversary dates were on the let of the mouth. I'm very flexible about how to accomplish this; it could be the let of the month closest to the end of probation, or the let of the month following end of probation. The point is that we spend a lot of time on a matter that makes little difference in pay to the employee. I strongly recommend this change. I 11, t7 i CITY OF KENAI FISCAL YEAR 1986-87 SALARY -STRUCTURE -SY GRADE- f WITH NEW RANGES (KMC 23.55.020) d RANGE A B C D E F AA GB CC _ 3 19,342 19,826 20,310 20,794 21,278 21,762 22,246 229730 23,214 4 20,309 20,817 21,325 21,833 22,341 22,849 23,357 23,865 249373 --21; 324 - -21; 657 22, 390--22i923- 23; 456 -239989 -249522 - 25, 055 -25,588 = 6 229390 22,950 23,510 24,070 24,630 25,190 25,750 26,310 269870 '{ 7 23,518 249106 249694 25,282 259870 26,458 27,046 279634 28,222 --fl-249702 - -25, 320 - - 25; 938---26 -, 556-27�4-27 792--28; 410-29-i 028 6-- y 9 25,927 26,575 27,223 279871 26,519 29,167 299815 34,463 319111 10 279218 27,898 28,578 29,258 29,938 30,618 31,298 31,978 329658 -•-11 -28, 576 - 29, 290 - -30; 004--W 7-I2-�i 12 30,017 30,767 31,517 32,267 33,017 33,767 34,517 35,267 36,017 13 31,498 32,285 33,072 33,859 34,646 35,433 369220 37,007 37,794 1; -14 ---33, 093-----33, 920 -34; 747--435; 574--3& 401"- -37; 228-38; 055 -�8� 86 709-- 15 34,749 35,618 36,487 37,356 39,225 39,094 39,963 409832 419701 16 36,469 37,381 38,293 39,205 40,117 419029 41,941 42,853 43,765 -39, 256 401'-213--4 t-,-170--42-,-t-27--439- 084-44; 041--44; 998 ";;4 18 40,213 41,218 42,223 43,228 44,233 45,238 46,243 47,248 48,253 19 429214 43,269 44,324 45,379 46,434 47,489 48,544 49,599 50,654 J 20--44 345 ----45, 454-46, 563�672--4-8 793-49; 890-50-� 999--52;108- Q 21 46,564 47,728 489892 50,056 51,220 52,384 53,548 54,712 55,876 j 22 489863 50,085 51,307 52,529 53,751 549973 56,195 579417 58,639 . 23--5i,-314-52-,597--53; 880--55,-i-63-56-, 446-57-,-729--59, al2-60; 295--6A-q 5-78 ` 24 539950 55,299 56,648 579997 59,346 60,695 62,044 63,393 64,742 PT -I 4.93 PT-2 5.28 P1-4 5.97 _ PT"5 6.29 r �. PT-7 6.98 i PT-8 8.15 _ .. _...! --PT-9 --9: 24 T - ---- - i . t k i• U �` f t S -I City of Kenai CLASSIFICATION AND PAY PLAN STUDY August 1986 BACKGROUND In the early months of 1986 the City of Kenai expressed an Interest In a classification study that would Include review of all permanent, full-time positions except those whose salaries were set by the City Council. The review was to accomplish the following: 1. A review of the current classification and pay plan; 2. A comprehensive review of the classification of City jobs and an assessment based on Internal alignment of positions In the City; 3. A review of Keartat's pay tahle-, range structure and basic salaries for comparMl I It,- mith similar Alaska governments; 4 Production of a current classification plan and pay recommendations based on the Internal alignment of jobs with consideration of salary survey Information; 5. An analysis of all of the above with recommendations and available options. Fri In April of 1986 the City entered into a contract to accomplish the above . ; work. STUDY PROCESS Consultant Orientation i Prior to the first meeting, the City provided the following to the -- 7- consuntant: -Kenai Municipal Code, which includes the current classification plan -City Charter .r -Existing City organizational charts -Existing range tables -A current payroll run The ffirst*of three trips.to,Kenai. took place in.•April:;Ihe*consultant met t .. with department. heads to discuss and tour, the facilities. Goals for this first meeting were: t -To review the pay table and Municipal Code and ask relevant questions -To discuss City pay policy } '1 -To clarify positions in the Study group '.` 2R, - ' •F •V F`` . i i. Lt L I t F -To discuss Study goals -To meet department heads and receive an overview of the city's organizational structure -To develop a work/communications plan -To discuss factor evaluation systems -To review and modify a position description questionnaire and discuss distribution and collection of this form -To select a specification format for reflecting City classes In writing -To discuss the basic format for a salary survey All of these tasks were accomplished with more detail on key features provided below. Some basic understandings grew out of this first meeting. The City recognized. the desirability of Involving City staff In the Study and being in a position to,.maintainthe system being developed In the future. Robin Feltman was select9l As the most aporoprlate person, given her current responsibilities for personnel Issues, to participate In the Study and learn the techniques necessary to understand and sustain the new material. Along with the Finance Director, Robin was Involved In each key step of the Study from the first meeting forward. The mentioned review of the Municipal Code revealed that legislation does not address what happens to an employee who is changed from one I a] I j - - classification to another or has the salary range for his/her position adjusted upward or downward. Following common practice in the public sector, guidelines for these activities were developed in anticipation of recommendations for change and presented to the Council in Charles Brown's memo of Apri18, 1986 (Attachment A). A further alternative exists to deal with jobs found to be over -compensated, which is to allow the current employee to advance normally through the old assignment range and make the adjustment to the range when the position becomes vacant. This approach would not work in job classes with multiple Incumbents but would be f ine for adjustment to single position classes. With this approach no current employee is disadvantaged in any way. Lastly, a decision was made to restrict any pay recommendations to the existing Kenai range table. This document appears as Attachment B. it outlines the timeframe for the Study;and the specific responsibilities of the consultant and the City. Key tcvmponents of `the plan are: orientatiorrrov the -consultant to the City structure, jobs and related documents; use of factor evaluation system; data collection forms and procedures, evaluation of collected material on job content; surveying for benchmark jobs and range table comparisons; training in system development and maintenance; and a f final report. The plan also provided for regular status reports to the Council, presentations, and Department Head and administrative Involvement. L A_ L A _, -�-,d, f ` r f: l.� t a Attachments C-1 and C-2 give additional information regarding the design of the factor evaluation system. Factor evaluation systems have existed as a classification tool since World War 11. There are several advantages to using this type of system. Factor evaluation systems provide a way to measure jobs which doesn't exist in the City's current system. They bring consistency to analyzing and evaluating jobs and show the internal relationships of positions. They can be used to indicate new salaries consistent with those already established once the factor evaluation system is in use. Those items which an employer values and; therefore, establishes pay for, are identified in the factors selected. The particular factors in the system used to evaluate Kenai's workforce are those that appear in virtually every existing factor evaluation system, although slightly different titles might be used. The federal government uses a factor evaluation system, as do many state and local governments. Private employers with complexity in the composition of their workforce frequently use a factor evaluation system of some kind. One system has been used to evaluate al I City jobs for two reasons. One is ease of use. For a workforce the size of Kenai's, it isn't logical to have 4 or 5 systems to address each occupational group of work. The second reason rests on findings of a National Academy of Sciences Task Force in the early 1980's which studied classification methods. This particular study focused on race and sex bias in evaluation systems and pay setting and concluded that the use of one system to evaluate all jobs in the workforce was the only approach that had the potential to be free of sex bias. L 1 The factors the system measures are: 1) Responsibility; 2) Difficulty of the Work; 3) Knowledge Requirements; 4) Personal Relationships; and S) Work Environment and Personal Effort. Factor evaluation systems assign numeric values to each of these factors and result in a point total for each class of work reviewed. No one approach to evaluation, however, will meet all needs of an organization; and additional considerations may play a very legitimate part in setting salary ranges for classes of work. Attachment C-3 shows the Factor Evaluation System and corresponding matrix. Following selection of an evaluation system, the next step in the process Is to collect current information on all jobs in the workforce. Each full-time employee was asked to complete a questionnaire describing their job. This questionnaire correlates with the factors to be evaluated. The questionnaire (Attachment D-1) and the work plan were provided to the Council as part of a study update in late April. The main portion of the questionnaire is completed.by the employee; the supervisor adds some additton?' information about each position. Information was provided to the City which explains how the questionnaires are to be completed (Attachment D-2), and an outline detailing the process was developed for a meeting with department heads (Attachment D-3). Department heads were also provided with copies of the workplan. L L J i U- w 1 , f. i l3 . is .. ..( . tit y. { A second trip to the City took place in late May -early June. A primary goal for this visit was to receive all completed questionnaires for review and Interview a sample of employees to supplement the written information about jobs. In addition, information was provided in advance to explain Interviewing techniques to Ms. Feitman; and training was provided during this time so she could finish the targeted interviews. Interviews took place at the employee's work station whenever possible, which added additional site visits for the consultant to the original visits in April. During June the consultant interviewed six employees and Ms. Feltman Interviewed an additional nine. In all, approximately 202 of the positions representing 30S of the classes in this study were interviewed. This number does not include discussions between the consultant and Department Heads which included an overview of their responsibilities or a tour of the sewage treatment plant and discussions with the plant operator. A 1 ist of interviewed employees appears as Attachment D-4. The City wanted to survey for two different features: 1) benchmark jobs f in other governments to give a general idea of Kenai's competitiveness with Vie rata>> Af others; and 2) regulations -from other governments to allow a comparison of Kenai's personnel practices related to ringe tables and employee movement through the steps on the salary table. A list of eight benchmark classes appears as Attachment E-I. These classes were chosen because: I )the class represented multiple City positions; and/or 2) there was good reason to believe governments in the L surrounding area would have similar jobs; and 3) they represent jobs at several different salary levels. The survey sheets used and general descriptions of the jobs appear as E-2. L L Two letters (E-3) were drafted for the City's use - one to governments IC receiving both the benchmark jobs and the inquiry regarding salary table regulations and a second for governments not in the immediate competitive area but of interest in terms of personnel policies regarding step placement and movement through ranges. Lastly, an instruction sheet was provided explaining how to proceed in the collection of this data (E-4). •1 y _� :3 rj r 3 From the completed position description questionnaires and interview notes, specifications were drafted for 44 classes of work used in the City. These specifications followed a format agreed upon during the April meeting and shown here as Attachment F-1. The specification reflects the C factor levels assigned to each class, a general statement regarding the purpose of the job and examples of the work; the knowledge, skills and abilities applicants would need to enter the job, the basic qualifications desired of applicants and special requirements worthy of note. These draft documents were sent to the City during the month of July and early August. Supervisors were pr-ovided-with instructions (F--2; on how to review thpge drafts and asked to return comments within two weeks of receipt. Additional guides to help interpret the words in the specification were also provided (F-3). Final specifications were drafted following supervisory input, incorporating many of the suggestions made. These specifications accompany this report and include an index and numbering system patterned on the format for the classification plan currently appearing in L L i Al � >t .; i the Kenai Municipal Code. 7�f) - System Maintenance Training i The original workplan designated system maintenance as a discreet task. - i The process of training to understand the new system and maintain it began at early meetings with Charles Brown and Robin Feltman. Robin was fully informed regarding the process and reasons for each step and z n - - approach, provided with written information to read and trained to " interview employees and survey other employers. The last trip to Kenai in late August completed this process by: 1) reviewing study results with the ; E� above principals; 2) demonstrating once again how the factor evaluation system was applied; and 3) providing all the written instructions and a . support tools that would allow Robin to factor jobs, survey other employers, write class specifications and recommend salaries, depending on the choices for implementation made by the Council. A Training Manual i Is provided with this Report to assist in maintaining the new structure and methods. FINDINGS i Personnel sys'tem The Kenai Municipal Code contains the City's classification and pay plan and personnel rules. Individual departments conduct their own hiring processes when vacancies occur and propose new classes of work and . titles when there is a perceived need. Some departments have descriptions for classes and others do not. The existing descriptions have been prepared by management at some point and vary in both level of detail L a � r 4:. and age of the document. The personnel function is not centralized, but problems and exceptions have consistently been referred to and handled by the Finance Department as individual situations arise. This causes some difficulty because guidelines are frequently not available and actions are, therefore, precedent setting. The current structure of the City is shown on organization charts attached (G). The major test of a personnel system is a pragmatic one; that is, does it work? There seems to be general satisfaction with Kenai's current system. The City recruits applicants from the surrounding area and Anchorage and has few problems in attracting and retaining a qualified work force. The City finds the existing titles and groupings of jobs to be basically satisfactory and not problematic. A second test of a personnel system relates to legality. Federal and State law exist outlining requirements for personnel systems, particularly the hiring process. A major concern here is that the qualifications required of applicants are truly job -related and appropriate to the level of the job. if the qualifications are found to be excessive, an employer can be charged with creatinq artificial barriers to employment., The City of Kenai has had no such charges, and this particular area has been looked at +Wisely in this review to assure qualifications requested of applicants are reasonable and somewhat flexible. All legal requirements related to personnel systems involve consistency. Are equivalent situations treated in a like manner? This relates to working conditions, as well as salaries. An evaluation of this issue appears in this section under "Classification Plan." A r i OR Study Documents Regardless of the City's decisions related to the findings and !� recommendations of this report, the study process contains several t products of use to the City. The steps reflected in the Study workplan provide a planning model for other tasks. Basically, problems are articulated, goals are established, affected people are consulted and/or - - ; informed, data is collected and recommendations are made and supported. . 1 This model workplan can be applied to any planning activity of ej .. consequence. , The position description questionnaire tilled out by employees is a useful, tstructured document that can assist in describing a job which has changed i significantly or a new position. It can give managers a more convenient r.. place to begin changing a job or creating a new one, as opposed to each manager "recreating the wheel" whenever this need arises. The a questionnaire asks -for all the pertinent information about a job. It could ` be used independent of the factor evaluation system. A = , The. training manual provided gives a background in classification techniques, interviewing and writing class specifications. The a interviewing techniques can be applied to applicant selection or other types of Interviews. The directions for writing class specifications could be slightly modified to remove the language related to the factor evaluation system if so desired. t! t. . t. i,- The salary survey packet of benchmarks, cover letters and instructions can be used with minor modification repeatedly when the City wishes to L _ 1 1 1 � i ,r 1 L collect survey data. This material is unrelated to the factor evalation system and can be viewed as a discreet product for general application. The existing classification plan as reflected In the Code shows 47 non-exempt titles. Five of these titles are no longer in use (Land Manager, Legal Secretary 11, Correctional Officer 1-III). A proposal Is pending related to reassignment of the Land Manager duties which would designate the current Administrative Assistant as "Administrative Assistant I" and add Administrative Assistant II and III. These actions would involve "re-classification" of two existing filled positions. This Study identified 44 classes. Attachment H (Kenai Class Summaries) shows each class of work identified, the recommended title and old titie(s), a display of the factor levels selected and point totals for classes by occupational group, and the education/experience levels recommended. The new titles fall in three categories: 0 no change to title; 2) non -substantive "clean-up" change to title; and 3) substantive title change. One goal in titling is to remove any title that could be perceived to limit or- perfer. employees of one'sex over the other, Working titles, as opposed to these "official" titles, can be very flexible. Twenty-six titles are unchanged. "Clean-up" changes and changes to remove sex -suggestive titles are: New Title Old Title Reason for Chance Equipment Operator Equipment Operator I There is only one level. L L .� L collect survey data. This material is unrelated to the factor evalation system and can be viewed as a discreet product for general application. The existing classification plan as reflected In the Code shows 47 non-exempt titles. Five of these titles are no longer in use (Land Manager, Legal Secretary 11, Correctional Officer 1-III). A proposal Is pending related to reassignment of the Land Manager duties which would designate the current Administrative Assistant as "Administrative Assistant I" and add Administrative Assistant II and III. These actions would involve "re-classification" of two existing filled positions. This Study identified 44 classes. Attachment H (Kenai Class Summaries) shows each class of work identified, the recommended title and old titie(s), a display of the factor levels selected and point totals for classes by occupational group, and the education/experience levels recommended. The new titles fall in three categories: 0 no change to title; 2) non -substantive "clean-up" change to title; and 3) substantive title change. One goal in titling is to remove any title that could be perceived to limit or- perfer. employees of one'sex over the other, Working titles, as opposed to these "official" titles, can be very flexible. Twenty-six titles are unchanged. "Clean-up" changes and changes to remove sex -suggestive titles are: New Title Old Title Reason for Chance Equipment Operator Equipment Operator I There is only one level. L L .� Street & Airport Lead Street Leadman Remove "Leadman" i Street & Airport Supv. St. Dept. Foreman Remove "Foreman" i I Shop Supervisor Shop Foreman Remove "Foreman" r Water&Sewer Opr. I I Water&Sewer Foreman i Remove "Foreman" Other changes include: Shop Mechanic I Mechanic Helper More descriptive title; position is an automotive mechanic Shop Mechanic I I Shop Mechanic i Maintain consistency with previous title; poisition is an automotive/diesel f mechanic 1 Office Supervisor Communications Supv. Title is more descriptive; position - supervises office functions In the Police Dept. 7 1 Y . Sr. Citizen Coordinator Sr. Citizen Program Ic Director Title Is more consistent with titles of other recognized Depart- ment heads Animal Control Officer II Chief Animal Ctl. 0fr. Title is more consistent with new structure The greatest degree of change occurs in the clerical classes. Now the City .: uses the titles "Department Assistant I and I I" to cover a wide variety of - ! work. A class of work assumes any one employee could perform satisfactorily in any of the positions assigned to the class (except when ' positions). special skills are listed for individual . The current structure p ) mixes clerical, labor and other types of work. In addition, it may not _... _.... ..:.: ,fir :j recognize sufficient levels of work. Regarding the recommended structure, a lack of interview information to -- supplement the questionnaires might have been a disadvantage in the clerical/accounting group. -The City may wish to review the ratings and ' recommended clasgp,,- for this cluster following interviews of each ! position to confirm the recommendation or change them appropriately. _ This statement is also true for Administrative Assistant, Administrative - Assistant 11(pending), and Legal Secretary. Specific recommendations follow. El 8 Parks & Grounds Asst. Dept. Asst. I More descriptive { title; this is a laborer position . A i x 1 Animal Control Officer 1 Dept. Asst. I More descriptive title; animal handling is the most Important element of this position Program Asst. I Dept. Asst. I These positions provide program support Program Asst. II Dept. Asst. I These two positions appear to have responsibilities beyond those of the Program Asst. I's Admin. Support Asst. Dept. Asst 11 These positions provide secretarial support to a department Admin. Specialist Admin Asst., Admin These positions Asst 11(pending), provide advanced Legal Secretary support to a dept. and/or program and rate the same on the factor evalua- tion system L L. t a Program Asst I II Admin Asst. The position supports a program with more advanced duties than the other recommended program assistants Admin. Asst. Admin Asst. I I I The other (pending) recommendations "free up" this title; this position is a staff assistant to the City Mgr. This is as appropriate a spot as any for a few clarifying remarks on the specification techniques. The first has to do with titles. My main responsibility regarding titles is to provide alternative formal titles for current titles that could be called sexist and to provide a title for each class of work identified. While believing the titles suggested are descriptive and frequently have broad usage elsewhere, the final decision regarding titles -of . classes. is solely the City's domaim-For instance, the proposed Administrative support Assistant ana Administrative Specialist could be retitled Administrative Specialist I and II if it is common or anticipated that current Department Assistant I I's could promote to the positions represented in the higher class. When individual positions have close to identical ratings on the factor L evaluation system, a choice can be made to combine those positions in one l specification or write separate specifications for each position. It is not L .j i ,j i . . . 4 C desirable to have a specification for each like -paid position in the workforce when there are logical combinations. The former approach was selected in this report and is consistent with current use of the Department Assistant I and 11 and Administrative Assistant (l's) to cover positions with some differences from department to department. Further clarifications relate to terminology in specifications in three areas: supervision; the Knowledge, Skills and Abilities section; and statements prefaced by "May." The concept of supervision has two sides; one is the type of direction the immediate supervisor provides, and the other is the nature of the work itself. For example, a supervisor may rarely give any direction at all to an employee, but if definitive written directions exist for executing tasks and/or the employee has learned steps in a process and has limited authority to deviate from that process, and/or the work itself is in a well -regulated field, then the supervision is defined as "close" or "continuing." The "Knowledge, Skills and Abilities" section of the specification speaks to those attributes an applicant must have at entry to the class. They do not describe the fully prof icient worker. The only exceptions are the Police Officer and Firefighter specifications where trainee work is combined with journey -level work and the "KSA's" are directed at entry to the journey level, not trainee. Lastly, the statements listed last in the Examples of Work and beginning with "May..." mean one of two things: either the duty is irregular and may or may not be assigned; or, when more than one position is assigned to a class, one or more of the positions may do the particular task but other positions assigned may not. L -17- L L K, 1 The class specifications provided to the City are an up-to-date reflection C of current assigned duties for positions and a comprehensive capturing of the workforce as It now exists. They represent a level of detail about the workforce that did not previously exist. Current City pay policy as stated in the Municipal Code includes the following: f . 1. "Employment in City Government shall be based on qualification and fitness." (23.05.010) +� 2. "Positions having similar duties and responsibilities shall s` be classified and compensated on a uniform basis." (23.05.030 - conf arms Equal Pay Act) a k 3. "The rate and range where each class shall be Isicl such as to 1 - reflect fairly the differences in duties and responsibilities and-shall.be related- to compensation for comparable positions 1 in other places of public employment.", (23.25.0 l a) I 4. "All modifications (to the pay plan) shall apply uniformly to all positions in the same class." (23.25.030) The charges of consistency, equal pay and surveying were all part of this i Study and are reflected in recommendations. Actual findings in this L category break down into three parts: 1) survey of benchmark jobs; 2) comparisons using the point totals and projections from the factor -IA- Ls evaluation system; and 3) analysis of range tables and salary progression rules from several other governments. Salary Survey Seven city and borough governments received the salary survey of eight benchmark jobs. All seven returned completed forms, although one participant could not identify any "matches" for the benchmarks. This 100% response to the survey testifies to the soundness of the survey approach recommended and followed by the City. Attachment I -I displays the information provided. Each respondent has been provided with a number from I to 6 as shown on 1-2 (this allows distribution of the summary sheet without disclosing specific participants.) Information displayed includes matching title, pay ranges and midpoints where provided; the number of employee matches and salary rates used to arrive at a mean salary; the mean; current City salary range for comparative purposes and comments regarding the match provided. It is difficult to survey state-wide for government jobs in Alaska. One reason is the wide variety of conditions and possible costs -of -living from F place to place. -The unique problem here is that•each city and borough in the state has positions designed -to meet the particular needs of tnat Individual organization. Since positions in small cities frequently perform multiple tasks and are even more affected by the individual abilities of each incumbent (one does those things one is skilled at), finding exact matches for given jobs is unlikely. The progression of individual responses to each benchmark was: 1) benchmark was not similar to any job in the surveyed workforce; 2) a -19- + 1i S + r; i match was provided but clearly not comparable to the benchmark because it was at a lower level, higher level, lacked essential characteristics of or ,. contained significant additional duties to the given benchmark; 3) a match �F was provided and reflected on the summary even though It was not "exact" h -- for the reasons given in'3; and 4) it appeared from the information j provided that the match was comparable to the benchmark. The eight i ' benchmarks are summaried as follows: 1 tnsufPicent information for conclusions .. Current City salary appears competitive 2 Mean exceeds City salary 2 Mean exceeds City salary but data is "suspect" 2 i City salary exceeds mean but data is "suspect" 1. F In any event, the amount of salary information that could be gathered from Y public employers who actually compete in the same market for employees - Is very -limited, and this factor has to be.considered along with the shortcomings listed above and the, suspect nature of some of the job , T matches provided as they compare to duties and responsibility levels of Kenai jobs. - -.--- - - - -.- A copy of a survey conducted by the Borough Attorney from Matanuska-Susitna was provided to the consultant. It reflected salaries ' L from several Alaska cities and boroughs for "City Attorney," "Deputy or t Chief Assistant Attorney" and other attorney positions starting with r Al 1 ..io R i 4 Intern and progressing to entry level attorney without and with Bar passage plus experienced attorneys. While most of these salaries exceeded the City's current range for Legal Assistant, "Legal Assistant" is f a title connoting something less than a staff attorney. It didn't appear that the surveyed classes were equivalent to Kenai's Legal Assistant. S If it is the City's intent to have the Legal Assistant (the incumbent has a law degree and has passed the Bar) designated as an attorney, the class 6 specification drafted for this Study should be changed appropriately and ; the position given some authority for actually giving legal opinions or taking legal action. The current range for Legal Assistant t 12) is $30,000-$36,000 per year. Rates shown on this survey show two intern positions at $20,000 and $30,000 respectively. Attorneys without Bar passage are paid in the $35,000-$50,000 range (five jurisdictions reporting); those with passage are paid at varying rates from $46,000 to $64,000 (three jurisdictions reporting). Additional information from this survey shows experienced attorneys with passage ranging from $32,000 to $56,500 (three jurisdictions reporting). Internal Comparisons The -most meaningful manner for evaluating the application of the factor evaluation system is by occupational group. There are four major groupings of City jobs: 1) managerial; 2) clerical; 3) public safety/uniformed; and 4) labor/trades. Attachment J shows these categories, their point totals, the current salary range for each class at step A, the salary generated by a trend line, the degree of change in dollars ' and the percentage of change based on regressing factor evaluation point totals against current salary. Given the use of a pay range spanning 209E - ' -21- L _, and the difference between ranges MR), plus the general acceptability of C the current pay plan as evidenced by workability, this report will address differences greater than plus -or -minus five percent. The Managerial cluster includes nine jobs, eight positions the City recognizes as "department heads" who report to the City Manager, and the City Engineer position. The Senior Citizen Program Director (Sr. Citizen Coordinator) and Library show as under -compensated and the City Engineer appears as over -compensated. The public safety/uniformed cluster includes eight jobs from the Fire and Police Departments plus Animal Control Officer I (old Department Asst. 1) and Animal Control Officer 11 (Chief), which seem most related to this group. Four classes are outside the plus -or -minus five percent guideline, Animal Control Officer I and II are over and two classes are below. (Firef fighter appears at the 40 hour rate for the range assigned - this was necessary to have consistency in the data used). The Labor -Trades group includes 13 job classes, all Public Works positions other than those noted above and in the clerical area, and a Parks and Grounds Assistant told Dept. Assistant i) from the 'Parks &.Recreation Department., Two classes show as under -compensated, Parks and Grounos Assistant and Street and Airport Lead. Three of the classes show overcompensation in excess of 59. The clerical group consists of 10 classes including Dispatcher and Office Supervisor (Communications Supervisor), which are most appropriate to L this group of the four options. Program Assistant I I (two positions taken L from Department Assistant 1) and Program Assistant III (Administrative Assistant in existing plan) show as under -compensated by more than 52 and two classes show as overcompensated. Two classes do not appear on these charts - Legal Assistant and Accountant. They are Insufficiently like any of the four categories to be i Included. In addition, there Is the ambiguity regarding the correctness of the consultant's evaluation of the Legal Assistant. Range Table Structure ,r Fourteen public employers in the state received a request to provide range }.. s table information and rules for placement on and movement through steps and ranges. Thirteen responded, which is a high rate of return. Again, l this confirms that the methods used for collecting the data were very successful. Attachment K displays the collected data by category and can be summarized by category as follows: ' Number of Steps In BM .t Kenai: 9 Others: From 1 to 14 f l Percent between Step Kenai: 2.5 - 2.1 pregressing through range Others: 0 for I step schedules �,. -23- i� t a 1 _ 10 12.6-15.4 for 3 step schedule 1.9-4.15 for multiple step schedules (frequently some variance in percent within a single table) Perce tincrease through Range Kenai: 209 Others: 11.1 % through 37% (4 below Kenai, 7 above Kenai, 2 unknown) Iimeframe to advance through a SingleRance, Kenai: 10 1 /2 years Others: 1 1 /2 years (single rate jobs with 90%,95%and 100% of assigned step paid) 6 1 /2 to 15 years for balance reporting this information Number of Ranges Kenai: 19 (21 with 4,5,6 added) Others: 2 - Single rate for each specified job 10 to 43 in others, those with high number actually using about 20 of the ranges -94- L a.�s�r�•fSSG.v': , •;; is Kenai: 5� 1. �. Others: Tables vary considerably some have diminishing -y percentages through the table, some have increasing, t , some have an unpredictable pattern, some are wholely { consistent. Spread on percentages between ranges is 2.4 to 26.59 2F �i y} Dollar Spread at lowest Ranae Kenai: $19,324 - 23,214 Others: Start as low as $12,298 - these lower ranges do not appear to be used. $17,000-24,000 - Most common lowest ranges - oalIa_ r 5WA-1 athighest Rangl $53,950 - 64,742 Y Others: These vary widely because some tables exclude higher #` level jobs and some go through City Manager $45,000 - $69,000 range is most common -25- L t -a 7 I { , , 3 Sj 1 t Moveme Kenai: A to B in 6 months B to F annually F to CC every other year Others: For those tables with steps: Most common ■ A to B in 6 months or 1 year, balance annually Three schedules have a structure like Kenai with "longevity steps" Many of the other plans have a provision for moving employees at any time for meritorious service - It's not clear how frequently this clause is applied Movement through Ranges Kenai: On promotion, not less than one pay step Otriers: Consistent with Kenai There is a lot of variety in the schedules provided and something would have to be known of practice to fully compare data. , ' System Maintenance 1 The City has been provided with the written and verbal information to implement and maintain the recommended plan. f s Stuoy Goals F 1 - All of the tasks and purposes set out in the early parts of this Report were - accomplished in the Study, The Recommendations which follow indicate i options for how this information can be used. I j RECOMMENDATIONS The Personnel System .....}']}I 5 If the City wishes to add more centralization to the personnel function, Y�7M this is the perfect time to do so. The new class specifications would need to be kept up t�date and regularly used when recruiting or evaluating >, performance. If the specifications are not maintained, any benefit the City might derive from this particular effort will soon be lost as changes ao jobs -and technology make'the information lbsolete: Again, Kenai's current methods meet the pragmatic test of a workable personnel system one that can hire and retain qualified employees. Choices should be made --' - — - - - - - at this time regarding whether to leave policies and practices unchanged .--..-t:=--.----=----- or use this Study as impetus to affect adjustments. Some specific_ - recommendations for consideration follow. 4 L Firefighter and Police Officer classes These classes cover a considerable "span of experience" and place "new - -27 ' t i ' .y r C L recruits" (Officers -in -Training and the Fire Deaprtment equivalent) together with highly experienced personnel. When factoring the positions and arriving at pay recommendations, these classes were considered at the fully operational level. It is recommended that, in the future, hires that cannot operate immediately at the journey level be made at two ranges lower than the established range for each class. These positions would be designated as "recruits" or "trainees" and move to the higher salary range upon successful completion of the training period, which would probably be six months to one year. This might provide some future cost savings to the City and would more fully recognize the experienced officer or firefighter. In addition, the City might consider the "trainee" approach to other positions if an appropriate and similar situation exists. Information on the salary survey spreadsheet and range table spreadsheet indicate that this approach is very common practice. Fire Department Chain -of -Command The structure in the Fire Department currently reflects six levels and each level is considered to have command authority over the lessor levels. Having the Fire Marshal included in the chain -of -command is an atypical m rangernent. The heavy emphasis on chain -of -command limits the credit- Ahat can be given to -crises based on their -level - of responsibil ity and ability to take action. This is not so much a recommendation for any change as an acknowledgement of the Fire Department structure. For comparative purposes, the Police Department with fourteen staff has four levels top -to -bottom and the Fire Department with twelve staff has six. -9R- L C L recruits" (Officers -in -Training and the Fire Deaprtment equivalent) together with highly experienced personnel. When factoring the positions and arriving at pay recommendations, these classes were considered at the fully operational level. It is recommended that, in the future, hires that cannot operate immediately at the journey level be made at two ranges lower than the established range for each class. These positions would be designated as "recruits" or "trainees" and move to the higher salary range upon successful completion of the training period, which would probably be six months to one year. This might provide some future cost savings to the City and would more fully recognize the experienced officer or firefighter. In addition, the City might consider the "trainee" approach to other positions if an appropriate and similar situation exists. Information on the salary survey spreadsheet and range table spreadsheet indicate that this approach is very common practice. Fire Department Chain -of -Command The structure in the Fire Department currently reflects six levels and each level is considered to have command authority over the lessor levels. Having the Fire Marshal included in the chain -of -command is an atypical m rangernent. The heavy emphasis on chain -of -command limits the credit- Ahat can be given to -crises based on their -level - of responsibil ity and ability to take action. This is not so much a recommendation for any change as an acknowledgement of the Fire Department structure. For comparative purposes, the Police Department with fourteen staff has four levels top -to -bottom and the Fire Department with twelve staff has six. -9R- L C Pay for Acting Out -of -Class Like most agencies providing range table information, the Code allows for Increased pay during temporary assignment at a higher level (23.25.070). Further comparison appears under the Range Table Structure paragraphs. Frequently organizations are tempted to include performing the routine duties of a supevisor during reasonable absences as a consideration for the regular compensation assigned a position. This is a caution to keep acting out -of -class as a separate consideration as provided for in the Code. Updating Class Plan in the Municipal Code If the recommended classifications and/or salaries are put into use, they should be reflected in the plan. In any event, the f ive obsolete titles should be deleted and any changed or new titles corrected. It is recommended that the City put the new specifications to use with the suggested titles, or alternate titles that achieve the same results as those recommended.. Additionally, that these specifications be kept current for future use. Orica, again, the clerical, classes may require a more in-depth review by the City with interviews of all incumbents to confirm or alter the consultant's assessments. L Consistent with the Findings portion of this Report, this section is shown In three parts: 1) salary surveying; 2) internal comparisons; and 3) range 4 i W] I '* table structure. The consultant relied considerably on the general acceptability of the City's current plan and focused on those changes 's1 where there seems to be strong information indicating change is t warranted. Salary Surveying The Findings section details the shortcomings of this particular survey and, in fact, of any survey effort the City might make. It is recommended that the information collected serve as a general guide to competitiveness and not dictate what the City should do regarding the benchmarks. The survey is useful as one piece of information to be considered along with all other considerations, including internal relationships and past experience with ability to recruit qualified employees. The City does have the methods and forms to do more extensive surveying if so desired. In addition, the City may want to obtain a copy of the annual Municipal League Survey if they don't currently have one. Internal Comparisons i Consistent witlu-the-Findings,section, these recommendat tops are by i occupational group as.defined earlier. Regarding the managerial. group, the Librarian and Sr. Citizen Program Director (Sr. Citizen Coordinator) appear to have very similar levels of responsibility, authority to act, size of staff, type and consequence of contacts and knowledge requirements as the Airport Manager and Parks and Recreation Director. As the trend line strongly supports the current salary for Parks and Recreation Director, the suggested adjustment for Librarian and Sr. Citizen Program Director is to range 17. Although the survey information on City Engineer did not provide i L L �: the best matches; it does appear that any reduction of the City Engineer's $' f o salary, regardless of the trend line, would place the City in a 1 ti� non-competitive position for recruiting and retention. Therefore, no action is recommended regarding this position. The balance of the pay 4 relationships in this group appear acceptable as they currently exist. Within the public safety/uniformed group Animal Control Officer I & II would increase by one range each (7 to 8 and 10 toil respectively). The two Fire Department positions in excess of 59 below the trend line may be explained by the comments elsewhere in this Report on the structure within the Department. j There are three classes within the Labor/Trades group showing overcompensation using the 59 cutoff. Like City Engineer, the City is not likely to be market competitive if these salaries were reduced. The survey Information on Shop Mechanic I (currently Mechanic Helper) supports this conclusion. Therefore, no reductions are recommended. l Classes recommended for increase are: Parks and Grounds Assistant to 1 Range 9 and Street and Airport lead from Range 12 to Range 13. } Recomfziendations In the clerical group are: set -the new Program Assistant _ i1 class' (previously Dept. Asst. I's) at Range 6 and increase the Program Assistant III (now an Admin. Asst.) to Range 9. The Administrative -- - - - Specialist class contained three positions; one is currently paid at Range 8 (Admin. Asst), one is currently pending as a Range 9 (Admin. Asst. 11, .f proposed), and one is currently a Range 9 (Legal Secretary). Range 9 was this new class when computing the trend line. the salary used forts p 9 L i t ,1 C Therefore, the current Administrative Assistant in Public Works is recommended at Range 9, and the pending action is confirmed at Range 9. The Program Assistant II I (currently an Admin. Asst.) is also recommended at Range 9. Range 12 was used as the matching salary for the Administrative Assistant (Administrative Assistant I II, pending) for input to the trendline and confirmed. This would re -affirm the standing recommendation in the City to set this position at Range 12. Consistent with the approach to other classes shown as over -compensated on the internal scale, no recommendation is made for change. Once again, more uncertainty exists regarding the clerical group in the absence of In-depth information regarding each individual position. The City may wish to re-examine this area. Range Table Structure There is no recommendation to change Kenai's range structure. In several of the elements recorded, Kenai is consistent with or in the middle of the various choices other employers have made. Attachment K shows the collected data, which has a wide range of approaches and built-in philosophies to range structures The City can consider this information further if they wish :to make change. CONCLUSION Upon delivery of the final report, all the materials used and analyses L completed are conveyed to the City. The Study process, findings and L _. - . *%,, - .1 - - &.. - . t 1 � 1 f` t recommendations were outlined for the City Council, which would have the ultimate responsibility for approving any change. ' There are several recommendations and options presented in this Report. In making choices about this material, previous comments regarding j consistency in personnel systems should be kept in mind. Like situations _;. should be treated in a like manner, and any exceptions to a general position should be well -reasoned and documented. k i { - 4 •t i- L 'f ce I= MEMO TO: Kenai City Council FaOMI Charles A. Brown, Finance Director e44 DATE: April S, 1986 BOBJECTt Classification Study Janet Jaron was in Kenai on April 7th and 8th working on the employee class- ification study. The purpose of this memo is to inform Council of decisions reached by the administration and the consultant regarding scope and direction of the study, and to give Councilmembers an opportunity for input should they disagree with these decisions. The main purpose of this study is to conduct a comprehensive review of the internal alignment between City positions and recommend a classification and pay plan based on this review. A secondary task is to review selected market information for problems in or exceptions to the recommended plan. In addition, information will be gathered and recommendations made related to the structure ' of the City's range table. we recommend the following: pay Table C Wh 1� a alternative pay table structures will be discussed in the final report, the recommended classification and pay plan will use salary levels from the existing table. This approach is the least disruptive and the easiest to implement. impact on Em to ee Pa The Kenai municipal Code does not speak to methods for adjusting individual salaries when the assigned range for a title is changed or when adjustments are necessary because duties of a job have changed since the employee was first j appointed. The following method of adjustment would place positions moving up !! onto the recommended range at the lowest possible cost. Positions moving down i would not experience a salary reduction. This approach combines cost containwent with a desire to avoid at -penalty for positions -found to be over - scale on the recommended system. { 1. Upward MovemouG. Employee is placed on the -71osest step in the recommended range that does not result in a salary decrease. L 2. Downward Movement. Those employees whose current rate of pay is wit in t e scope of the recommended range will be moved to the lowest step on the recommended range which is not less than the current rate at their next anniversary date. Employees whose current rate exceeds the scope of the recommended range will be "frozen" at their current pay until, with time, their rate does fall within the scope of the recommended range. The employee would then be moved to the lowest step on the recommended range which is not less than their current rate at their next anniversary date. L L Page 2 Other methods for upward adjustments exist but are more costly. While downward movement could be addressed by reducing employee pay, that approach is considered demoralizing and unnecessarily hard on those affected. Study Group The group of positions to be studied will be all full-time, permanent positions except the City Manager, City Attorney, and City Clerk, whose salaries are set by the Council. Part-time positions should all be treated the same, either by inclusion in or exclusion from the study. We have excluded them because: 1) The majority of part-time positions are grant funded and limited in pay to the amount the grant can support; and 2) The majority of non -grant funded positions are less than 20 hours a week. It is estimated that the study will be completed in September, 1986. L Is �i t� r ,i T4 �t •Y d „ 1 r t Q L 7 NN N N N N �Ev g cg Q3 E 9 jEjEX C a_ a Myy^^ MNNf�N^/f yyV ERR 9 wv N N N N N N N R9R 2 ° AS ^NA A � iE XXE 9 a H 1 4 r Ton" Y- i i t { t; i r .f O L G CL L LL yr mi yy�� y! IN 7► y[r1 ' L Q qr � N qq ACA4 C% �1 C4 LAJ h� t � cl I� -kd1 er1 00 a 1 i �-i SURVEY RESPONDENTS /I f 1. Z 1 Municipality of Anchorage 2 Homer 3 Kenai Borough 4 Mat -Su Borough 5 Palmer 6 Soldatna (Wasilla responded - no matches) L ' b � n m M �Kp n � ae ►Q h . PPPw»1 °v a a MT¢ A 1�0 �pgW3 A K .l Q m N x Y L n K R W O 00 00 Ow0 cr ►• ►M 00 p rC .. n S P v r v v A v is r r r h g N N o W M N W r m W W N M W W f+ A A P 'CIO, W W W f+ Qn •a n n A OnD m pO p A W W w N n M pyK m � gin. '• f.• A 14 A• x � LV V D� yPr ! M i V aAy � V 1 W 7 N e W N O M fS.� ��•jnyyyl tlg W OD ii x 1W1 N r n b f• 17 � M y v• aWYy_ � 6 ^ N ry `6 •0 gO A O W yy Fa M :� M A rmra� fl •C S m I K n v r v r v v N v � o r r r 0 0 0 0 W W W i W r N i I f+ N f+ V W W W O N ~ I A 1 1 w 1 1 I � 1 W W A W 1 m m A m ► a In n M s D r r an D � 1 W W V W r W N N e r v A TWc�• M M x x mW•O 'J x x x x • W►• •r � 1+WrN L L I T V 7< r o r N A A ' n on •!{ �1 vt e� a � e �agr �pga A cr cr C P r N N W n v v v v P r v o 0 0 P M V P N r r r r � N W r (b r 10 W a r eo co o r v r r r N 10 W O V r A r r A n i h {• � \ Rw r O LP O M L L m 11 A i 1 �>-:�>✓-ter. 8'0 A n w M N N n pM� ii i0 ►►11 4 � dM C N M R µ gO A 1+ �0+. M N O ir •Jtlu ^ L+7 S 14 0 r• 1•1 {� �p ppG A 6 1+ M v N v W v W v V1 r v a O R ph w N O O O O O n r •6 OD �G A N N O� N W �+ M N V 1r v A !'f r+ n 14 O O IJ IA M N A A !► to g m Ib Ib m In O d M m W rg N A IC a IA a A n ntj ��1 1 N VV m Y4y.1 • VI V A C L N N N M M y n v h •P4 � � C � gO o. tFJS'rt n n pn ST A •r j" n 97C qC d � � f+ N O OI v l/1 v W v r N v P v p O O € S A gOi W OD N F+ W O N W w 07 W 1D 6 C�C pp Lb A ~ m A (0 A trJl • W m � N •W+ W m N M N N N M r M W W 01 M a r v N M 0 N M L I A G Y L O u b = = 3 d 3 p A n " n a n � A d � � b 00 C d 00 a a^ } 13 .e Oo N Go Q � F tS OD OD 8 g 0 T ! (Fj pp 2 � 33F� g C7 8 g, ; 5 3 was ` Z Z z M LL LL _8 2 V' H Q= cc C) S Q 8 N rk 4 W ti LU r N N N LLI F CL A. lb A. L W c S 4 A Y = � a c a gt J YI r d [ a �O � � F H 8 v_ Q n E+ u „ y Y f cg 00 E E A � co g W CY) F r � �q E c z �a _ u � z Q a/ W LL H Z cc c.i' W � V V! V LLQa tM1 I 'Y .i ri a Y f } CLERICAL NEW TITLE POINTS OLD 'TREND CHANGE % SALARY SALARY Pro ram Assistant 1 185 $9.30 $9.34 $0.04 0.39% Pro ram Assistant II 275 9.30 $11.01 $1.71 18.36% Accountina Technician 1 280 $13.09 $11.10 $1.99 -15.20% Admin. S t. Assistant 315 11.31 $11.75 $0.441 3.90% Administrative Specialist 335 $12.46 $12.12 $0.34 -2.71 % Dis atcher 350 $11.88 $12.40 $0.521 4.38% Accountina Technician II 360 13.74 $12.59 1.15 -8.39% Pro ram Assistant III 370 $11.88 $12.77 0.89 7.510/O Office Supervisor 410 $13.74 $13.52 $0.22 -1.631/, Administrative Assistant 465 $14.43 $14.54 $0.111 0.74% $15.00 $14.00 $13.00 SALARY $12.00 - $41.00 $10.00 K Clerical oil IMMEMEME Clerical C Trend of Clerical 150 200 250 300 350 400 450 500 POINTS TY OF KENAI l f _ . .71 ps 1 i 4 " � r . LABOR TRADES NEW--rff LE VVINTS a -T-WEN D CHANGE% SALARY SALARY Parks 8 Grounds Assistant 250 $9.30 12.30 .00 32.22% ShopMechanic 1 270 $14.43 $12.80 $1.63 -11.28% Equipment Operator 270 13.74 12.80 0.94 -6.62% Maintenance Worker 285 13.09 13.18 0.09 0.70% STP Operator 1 310 $15.14 $13.81 $1.33 -8.76% Water 8 Sewer Operator I 335 $14.43 14.45 $0.02 0.11 % Shop Mechanic 11 370 $15.91 15.33 0.58 -3.64% STP Operator 11 370 $15.91 $15.33 $0.58 -3.64% St & AP Lead 385 $14.43 $16.71 $1.28 8.87% Water 8 Sewer Operator II 390 $15.14 $15-841 $0.70 4.60% Building Inspector 420 $16.71 $16.59 $0.12 .0.69% St. 8 AP Supervisor 440 $16.71 17.10 $0.39 2.33% ShopSupervisor 445 $17.53 $17.23 $0.30 -1.73% $18.00 $17.00 $16.00 $15.00 $14.00 SALARY $13.00 $12.00 $11.00 $10.0 $9 0 ONE@ son on -am I MENNEN m A No@ mummommmoss, milluls 01100001000 10011000011 240 260 280 300 320 340 360 380 400 420 440 460 POINTS CITY OF KENAI • LABOR TRADES O Trend of TRADES A- Y f A � � r 1 r. k j? d tf PUBLIC SAFETY / UNIFORMED NEW TITLE POINTS PRESENT TREND A % SALARY SALARY Animal Control Officer 1 295 $11.31 $11.98 $0.67 5.91% Animal Control Officer 11 375 $13.09 1 13.97 $0.88 6.740/6 Fire Fi hter 395 115.14 $14.47 0.67 -4.42% Fire En sneer 435 $16.71. $15.47 1.24 -7.43% Fire Captain 470 $17.53 $16.34 $1.19 -6.78% Police Officer 480 $15.91. $16.59 $0.68 4.280/6 Fire Marshal 540 $18.41 $18.09 $0.32 -1.76% Police Sergeant 540 $17.53 $18.09 $0.56 3.18% Police Lieutenant 600 $19.33 $19.58 $0.25 1.31 % Assistant Fire Chief 605 $19.33 $19.71 $0.381 1.96% $20.00 $19.00 • $18.00 $17.00 $16.00 SALARY c $15.00 '*:14.00 s $13.00 $12.00 • $11.00 250 300 350 400 450 600 550 600 650 POINTS • PUBLIC SAFETY C Trend of PUBLIC SAFETY i i 13 N _6 j; IINAMOYED KENAI PLANNING 6 ZONING COMMISSION August 27. 1986 - 7:00 P.M. Kenai City Hall 1 - Lee Lewis. Chairman t .1 4 H 3 1. ROLL CALL !. Presents Lewis, Osborne, Smalley, Zubeck Absents Bryson, Carignan, Oleson, { --- �; 2. APPROVAL OF AGENDA Agenda approved as submitted i 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS ;g a. Resolution PZ86-30s Rezone Tract E, Sprucewood Glen S/D to General Commercial (CC) - Schilling This item returns for the third public hearing, having been postponed y pending a meeting and agreement between the developer and the residents who had submitted a petition voicing opposition to the rezoning. Chairman Lewis opened the meeting to the public for comment. -t 1 Lou Schilling, developer, came forward and stated that an agreement had been reached. Submitted this evening is a drawing showing a 40' buffer strip adjacent to Walker Lane. The buffer also shows that no access from -the interior through to Walker Lane.' The access from the development is not yet clear, it will either be from bridge Access Road or Tern Ave. Langston stated that the residents were happy with the plan with the - - -- -- Faith Lan eton. re resentative of residents of Walker Lane Ms. provisions outlined by Mr. Schilling. Commissioner Smalley questioned Councilman Wise on the approach of the City to regain that buffer strip in order to hold it in pertetuity. Councilman Wise answered that for him to sell it to the City would not guarantee that the buffer will remain just that. A Council 10 years E s. from now could change their dind. The better way to proceed would be ' for Mr. Schilling to deed it to the City in the form of a gift with the stipulation that the land be held forever in park status. This Li 1 1 f -i n PLANNING COMMISSION August 27, 1986 Page 2 would accomplish the desired goal plus Mr. Schilling could set any value on the gift agreed upon by himself and IRS. Mr. Schilling agreed. Chairman Lewis closed the public hearing and comments return to the Commission. MOTION: Commissioner Smalley moved approval of PZ86-30 to rezone the described property to General Commercial and to include Exhibit A. map given out this evening showing a 40' buffer zone on Walker Lane with no access, through the buffer onto Walker, seconded by Commissioner Osborne. VOTE: Motion passed unanimously b. Resolution PZ86-39: Amend Zoning Code - 14.25 Landscaping/Site Plan Ordinance The Commission discussed the amended substitute ordinance with Howard Hackney, Lou Schilling, Chairman of the Landscaping Review Board, and Planning Specialist Loper. There were no comments from the public. The Commission made no changes in the document presented. MOTIONs Commissioner Smalley moved approval of PZ86-39, amending KMC 14.25 per Draft V dated 8/28/86, seconded by Commissioner Osborne. VOTES Motion passed unanimously 5. APPROVAL OF MINUTES of August 13, 1986 Minutes.were approved by unanimous.consent as submitted 6: OLD BUSINESS None 7. NEW BUSINESS a. Preliminary Plat PZ86-40: Parsons S/D Addition 2 This plat takes property that was formerly platted as Inlet Woods West 4- Addition which was never finalled, and resubdivides it into three i large tracts. The ownership will revert back to Mrs. Parsons. L L F1 • i PLANNING COMMISSION ` August 27, 1986 Page 3 b. Preliminary Plat PZ86-41s Parsons S/D Addition_3 i This plat takes Addition #2 and subdivides the three large tracts into several smaller lots excluding the tract owned by Mrs. Parsons. These lots are compatible with a RR designation and a rezoning petition has _ +` been received. Water & sewer is available from the south and east side. Should any development occur within the 200' manadatory limits, y _ the lots may be rezoned. f - - MOTION: Commissioner Osborne moved approval of PZ86-40 and 86-41 including staff comments, seconded by Commissioner Smalley ,`. VOTE: t, Motion passed unanimously f !4 B. PLANNING f; 2 E� None 9. REPORTS a. City Council i i - No report. j b. Borough Planning None - liaison not in attendance. Borough agenda available j I c. City Administration - - None :. s..... 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD �.: . None 11. INFORMATION ITEMS- - �) g Council Agenda -not available ----- — --- - Borough Planning Agenda - no comments 12. COMMISSION COMMENTS A QUESTIONS The Commission asked about the "For Sale" signs posted on portions of Section 36 lands. Councilman Wise and Administrative Assistant Gerstlauer answered that the property was sold last year to private ' r individuals and they are in turn offering it for sale. jf 1 • �i - ... --- .- - V -11 j' s r .1 1. Janet A. Loper Planning Specialist 4 n li 1 f{jj1} PLANNING COMMISSION August 27. 1986 Page 4 Commissioner S concerning the Howard Hackney malley stated that he had been receiving phone calls lighted sign flashing in the windows of Larry's Club. answered that he thought it had a short but will check it out. 13. ADJOURNMENT There being no further business, the meeting was adjourned. L L 0 1P .6 6670 A%g pd t' dr-7tG i; i FOR COUNCIL MEETING GF City (Agr. =Q Attorrq w, /0"� FWft World —V City Clerk Y r—v 4941" FUWrue t --13 Originel Ta--:-��" Submitted Bye= " lour.911 OK (3yo QYes Ck—.• 4 f 't i' K ► City of Kenai r 210 Fidalgo Street oceanl% 99611 Ci1 Kenai, AK Y - - August 14, 1986 Attn: Jack LaShot All 79. Y 7 0 o0. jro j 7 INVOICE #14946 _ a REF: South Spruce Street Improvements Ocean Tech Job #3200 To invoice you a progressive billing on the South Spruce Street T Improvements: - 3-Man Crew 28 rs , 130.00 r , 3,640.00 ✓ 17 hrs OT @ 130.00 + 40% 3,094.00'� .f. _ i i` ' ._ 4 , . . _ . 2-Man Crew ...-6 1.5 rs @ 92.00Z o ✓ 5,658.00 5 hrs OT @ 92.00 + 40% 644.00 , y 4 1-Man Crew / 1 rs � 55.00 J ✓ 38500 11 hrs OT @ 55.00 + 40% 8 . " ;4 t� 1 Is � , Vehicle IT-Ta-ys @ 15.00 ,/ itp f Q er c.s,i`rti�' Project En ineer 28 hrs Pro j_e,_ct Inspector :�-49 -hrs�--5�rf Com utations rs � .00 14,2.68.00 --I 285.00 ✓ 1,820.00 7, 450.00/ 1. 68 00 9,438.00 Third Partv Charges South Central, Inv. #143-889 36.00 Ak. Air., Inv. #593-669 41.00 Surveyors Exchange Inv #114683 585.00 � DHL 22.00 Municipality of Anchorage (Phone) 7.88 J 10 a S/c _ 69.19--' 761.07 x TOTAL THIS INVOIC 24 752.07 5333 Fairbanks Street, Suite 11 / Anchorage, Alaska 99518 / Telephone W) 502060 L- - r) Z A/ Wenai Community I la-Ly A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA MI I ••'--mow n , '�'3 PORT FOR THE MONTH OF JULY 1986 j>�, .= ry I n: Circulation Adult Juvenile Easy Books' Y4S b Fiction 2281 707 1621 \ e=' :tEtyt�Li, Non-fiction 2001 200 42k Total Bvok Circulation Films, Phonodiscs, Pamphlets, Periodicals etc. Total Circulation Additions Adult Juvenile Easy Books AV Gifts n4 12 -- 8 Purchases 128 23 13 -- Total Additions Remedial and Re -worked Books Adult Juvenile Easy Books 102 8 16 Interlibrary Loans Crdered Received Returned Books 24 22 21 AV 30 30 15 Ititerlibrar- T :)ar.s by our Librz:ry .. • 63 Volunteers Number ... 39 Total Hours ... 1023 Income Fines and Sale Books $4 85.25 Lost or damaged Books 69.80 26 Xerox 2.75 Notary 47.50 .50 Donations Total Income for July, 1986 ... $869.80 L 7234 361 7595 134 164 298 i 126 r(enai Community li&avy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued July, 1986 Kenai 260 Anchorage 1 Cooper Landing 4 Homer 2 Kasilof 15 Nikiski 26 Ninilchik 2 Soldotna 52 Sterling 3 365 Library Patronage .... 9,214 Persons 601 i l E L I ;LlNF-10 -3 CITY OF KENAI "O�l ea.�a�ial a� ,141��ka" Mo FIDALCIO KENAI, ALASKA oMi TELEFNONE 2e,1.7= Clip"; ,� CITY OF KENAI �� Iry OFkfA� � BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMEN c" AC£6ZI.7' COMMITTEES AND COMMISSIONS NAME Robert W. Summers, Ph.D.__ Resident of City of Kenai? Yes How long? 5 mo. Mailing Address P.O. Box 1592 Tel. 283-An62 Bus. Address` P.O. Box 1883 Tel. 283-5205 Presently employed by V.A. Job Title Director, Kenai Vet Center Name of Spouse Diana Kate Summers _ Current membership in orgenizationss Rotary of Kenai; Lions of Kenai; American Legion, Post 20; VFV1, Post 10046; numerous scientific societies (national & international) Past organizational memberships .See current Committees interested ins Planning Commission, Personnel Arbitration i Board, inter -agency task force, inter -governmental task force j Pr igna ure L_ L rvr---o - y CITY OF KENAI „od eapddl E10 M01180 MAI, #"SU "d11 TELEPHONE M- MB NOTICE OF WORK SESSION There will be a work session of the Kenai City Council with the .�� Kenai Chamber of Commerce on Tuesday, Sept. 9, 1986 at 7:00 PM in _ the Council chambers. I To be discussed: Recreation Boat Launch Ramp, Spectator Viewing Area on the Banks of the Kenai River 2. Boardwalks and Viewing Areas at the Kenai River Bridge f �# in the River Flats Area n 1 The public is invited to attend and participate. 1 Z Janet Whelan r. City Clerk DATED: September 1, 1986 IN L Cub Scout Pack 357 FO _s 1533 Cohoe Circle Kenai, RK 99611 August 12, 1906 Parks and Recreation City of Kenai 210 f idelgo Kenai, RK 99611 Dear Mr. McGiluary, Thank you very much for arranging for Cub Pack 357 to use Beaver Creek Park for our Day Camp again this year. That location is perfect for us, with its variety of terrain- the shelter, cement play area, open field, large wooded area, and the creek area are ideal for Day Camp. We especially appreciated the extra picnic tables your staff moved out to the site for us. With 20 boys and 6 adults and teen helpers, we really needed the extra space. We were very much impressed with the condition in which we found the park this year. We had planned to spend part of each day doing some litter pick up, but really had to search to find any trashl We really appreciate the great job your department is doing with our city parks. Again, thank you. ' Sincerely, Cas yt more Cubmaster, Pack 357 1533 Cohoe Circle Kenai, RK 99611 Rugust 12, 1986 Parks and Recreation City of Kenai 210 fidelgo Kenai, RK 99611 Dear Mr. McGiluary, I wanted to let you know how much we thought of the Summer Recreation Program. My children had never participated before this geor, so it was a wonderful discovery for us. I was very Impressed with the staff and with the quality of the program. I was also surprised to see how many children were involved. 1 know the budget crunch will mean many cutbacks in city programs, but I certoinly hope this isn't one that loses out. Sincerely, �/ra Troys+tm ore L t August 1986 Sponsored by Cominco Alaska & NANA —, ' 1 ; : �,, - •ti • •:A*w"10fii¢ IWI u4�n¢»•;:•,nK- r.. • IIDORE89 C1u1N0E ''•• Z10 ai^ . REWEM r %g r= 7 • Re- urceRevietcity Tom N. Wagoner City of Kenai Resource Dovelopmentco "il br Alaska Inc. Box roosts, Anchorage, ac sf 230 Figal90 Kenai, AK 99611 •®.ae I Development, environmental concerns can exist harmoniously in ANWR Sound reasons support oil development The brewing national debate on opening the Arctic National Wildlife Refuge coastal plain to oil and gas exploration should be based on intelligent analysis of factual infor- malion. Emotional rhetoric billing the issue as a great conflict of energy development versus environmental values would be a tragic mis- fortune for the nation. There are sound reasons why the coastal plain of the refuge should be opened to oil and gas development, and virtually no com- Palting reasons why it should not. Industry and government geologists be - Have the coastal oil range could hold dis- ooveries that rival the size of the great oil pools of Saudi Arabia. As a result, this area Is the nation's mos' promising onshore pros - pact for new oil and gas discoveries. Feimg U.S. oil production, coupiddwithan 1 alarming increase in America's dependenc:• on foreign reserves, up 43 percent in the first four months of 1986 over the same period last year, underscores the strategic role the $ oil range plays in America's energy equation. Current oil production from Alaska's North Slope accounts for 20 percent of total U.S. Production, but next year Prudhoe Bay pro• duction will begin to decline. A steep decline In total North Slope production is expected by the early 19909, and new discoveries are needed to replace existing reserves. The addition of a major new North Slope Oil field would significantly slow the increasing rate of the nation's dependency on insecure sources of foreign oil. It would also bring enormous economic benefits to the state and nation for decades to come. The Prrdhoe Bay a rpeerienom has detnonshated the adaptability olmftutodevelop~tacialtles associated "Ardlc all and gas production. Above, Caribou stand on a large pad, 150 feet away horn large and nolay Coarpressor lens and other eVpment associated with the Cenhal Prooess Facility at Kuperuk Photo, Roger Med►on Revenue experts estimate that as much as $22 billion in direct revenues could be gern erated through Me development of a Prudhoe Day -size field in the coastal plain. In addition, A Qantrou graces fIr►eer a Kuparok pipeline. Photo: Roger Medwn thousands of new jobs would he generated nationwide by a discovery. However. environmental groups beK.-a the wilderness values of the refuge iar out• weig:1 any benefits from all ano gas that may be present. The effort by national environmental groups to convince Congress to prohibit oil and gas drilling in the refuge appears similar to campaigns in the early 1970s to stop the trans -Alaska pipeline. Americans were told that the pipeline and North Slope oil develop• ment would divert the annual migratlons of caribou, dividing the herds and severely dis- turb calving and grazing. The caribou was selected as a symbol of the fight to stop the pipeline. The Prudhoe Say experience has de• monstrated the adaptability of caribou to de- velopment activities associated with Arctic oil and gas production. The Central Arctic (arnttinued to page 7) L L. r s i fy � t u • is •� _ _ f Message from our. , h e''�"xecuive dire ora P. r {^ Council of economic advisors too little, too late Now, in the last six months of the Sheffield All these and more, such as the strength large — couldn't offset the revenue declines administration. the governor has announced his new idea for the state's faltering economy of the dollar in international markets, have been discussed at five conferences staged from oil).Wecalled this effort "Project I995." We asked communities of all sizes to begin — appointing acouncil of economic advisors. The council would study declining revenues, by the Resource Development Council (ADC), so Alaskans should be aware of them. or accelerate economic diversification efforts to protect their populations and economic resource development and "look at a statewide development campaign." On the plus side, we're now seeing an influx of cruise ship tourists in response to Middle bases when petrodollars began their pro• jected decline, but we had no inkling of the I couldn't lot this announcement 90 without East terrorism and Expo '86; again, intern- sudden drop in world oil prices we have re - comment. it is simply ludicrous for the gover. tional events. cendy experienced. nor to appoint and fund such a council. The The old Council on Economic Policy did Communities were asked to Identify job has already been done for him — we need lack a full understanding of the contraints priorities for state appropriations that would only implement it. Alaska's existing industries faced, so in this help expand their local or regional economies To go back in history a bit, remember that area where the state did Indeed have some in the longer tern. Many mayors and local one of Governor Sheffield's first official acts control, the Council was largely silent. officials agreed our approach was necessary was to disband the states Council on Even though Alaskans weren't remotely and correct, but they could not sell it to the Economic Policy. Even N he disagreed with ready to consider the possibility, the Council voters. Why? Voters wanted the quick fix. and The views of the Council members, as many on Economic Policy urged planning for the they didn't believe oil dollars would dry up; of us did, he could have made new appoint- time of declining revenues In the 1990s. they also had little notion of how much their ments and let the Council continue Its work. Neither the public nor the govenment local economies were dependent upon state He didn't grasped the fact that, even if other large oil appropriations. As 1 recall, some of the Council members well understood the Influence of world events fields were discovered, their production would not be on line in time to compensate for re- At the same time, citizens in various rural villages (spurred Alaska Services on our ability to compete in the marketplace. They often commented on how We control duced throughput from Prudhoe Bay. The time lines from lease sales to production were leasing s stop level by sued to ortionattorneys) Corporation Alaska had over its destiny, and rightly so. a decade or more. Environmental lawsuitsexploration rn at t)) and same time oil dollars were subsidizing their home fuel bilisl The Witness our frustration at just a few 01 those events — the Japan -Soviet cilltechnot- and other delays were a certainty. RDC began acknowledging the advisory legislature, seeing the revenue handwriting on the wall, considered various all tax in - ogy alliance, the South African and Canadian coal megaprojects, USSR'sdumping of nickel council's revenue warnings in speaking en• gagements around the state and said we creases andpaid little attention the prob. Into Europe and its exploitation of Afghanis- should begin doing three things: (1) Spend emnd of other so tan's copper, gas and uranium, the manipula- less, but spend more wlsek(10%annuat cuts Eighty-five mineral exploration firms, long thins of OPEC, foreign government subsidies were proposed for state and local operating a contributor to rural jobs and state revenues, for zinc, lead and molybdenum production, budgets, along with staff and budget realign- left Alaska. Mineral exploration spending construction of the Sibeflan.res(wrcerailroad, merits): (2) Serterate new rolrerruos (from dropped from over a hundred:milllon dollars our foreign competition In natural gas produc• other developmont besides oil, reeck3nizing to $9 million in the las! five years.: ireber Lion and the recent Japan •Sovio! timber deal. this would beef up t?le private sector and tax sales to support existing and 116w Venture-, I haven't even mentioned the national events revenues); and (3) Find more ot� (Revenues were virtually non-existent. Tourism and .. that have affected our economy. from a diversified economy — no matter how (continued to page A Resource Development council, Ina The Resource Development council (RDC) Is Ateske'e largest privately funded nonprole economic development ors Watson working to develop Alaska's natural resourrxe In en orderiy manner end to create a brolui4x ed, dhroroilled eocnomy w1111e protecting and enhancing the emaronment. RDC Irnhes members am the general public to its weekly breafdael meeting leatering local end natxvr- ally-known speakers, an eoonomlo and resource de- velopment luuM. The meetings are hell on Thurs- i u em re"WA t 7:30 LfrL In by along 278Northern �0700. Reemva- daouuw commm" otran President ................... Boyd Brownfield VIM President ................ John Forceskle vice Pf~ Joseph Henn vice president ................ Shelby Steslny, Secretary ............... O.K. "Easy„ ailbreth Treasurer ................... Larry Laughman Past President ............... charies Webber Exeadive Director .. S"..... Paula P. Ea" Deputy Director ............ Becky L ft Puwlc Relations Director ......... cad Portman PAOM h Coordinator .......... Larry Mayden P1400 coordinaa ............. Mike Abbott Stall AaelsWe ............. . .... Kate Manes Membership Relations Director ..... Lynn f3 " Page 21 RESOURCE REVIEW / August 1986 The ADC business is located at 607 a Street, Suite 200, Andarege. Raoourca Rwlew Is the official am" publication of the Resource Development Council. Sox 100516. Anchorage, Alaska 0510 — (007) 276,0700. Material In the publication may be reprinted We" permisslon provided appropriate credit Is gaen. Carl Porman Editor 8 Advertising Manager Recourse RevNw enrooureges tie roades to aubmh &was, enrrouncemems and letters to the editor for publklotion. Send so oonespondance to PMW. e Development council. Reasons Ravtew. Box 100516. Anchorage. Alaska t KI& L 4 ' ANWR debate heats up, RDC stands by its W charges "RDC can only conclude that the Wilder- ness Society did not oppose Dr. Cade's find- ings since his report was submitted in support of its position opposing the oil pipeline route through Alaska." d 1 A s � J. Ti a' i r: — Paula Easley The Resource Development Council stands 100 percent by its statement in early August charging The Wilderness Society with misleading the American public In its national campaign to convince Congress to prohibit oil and gas exploration and develop• ment activities in the Arctic National Wildlife Refuge. The Council reported earlier this month that testimony compiled by The Wilderness Society in 1972 stated that the "Arotic National Wildlife Refuge has practically no exceptional or unique natural values In Ifs northem foothills and narrow coastal plain sections" The report, authored by Dr. Tom Cade, Ornithologist, said "a pipeline route through the refuge Is preferable to any other and would cause the least Impact on bird populations and other wildlife." Cade's article was submitted by The Wilderness Society as part of Its response to the final environmental impact statement on the Vans -Alaska oil pipeline. In his comments, Cade said "the protected status of the Arctic National Wildlife Refuge should not blind the nation to the fact that the proposed trans -Alaska pipeline route would place in jeopardy far more and, in many places, far richer natural habitats and wilderness than exist in the wildlife range." The Wilderness Society is leading an effort to close the ANWR oil range to exploration and development activities. The Society claims the oil range should be "among the very last places slated for exploration or development." "The Resource Development Council concluded that The Wilderness Society did not oppose Dr. Cade's findings since his report was submitted in support of its position opposing the oil pipeline route through Alaska," said Paula Easley, RDC's executive director. A 15-page transmittal letter accompanying the various articles of expert remarks solicited by The Wilderness Society did not disclaim Dr. Cade's comments, but In fact higirlightedpointsinhis arifcleonpage gof itstransminal lettertosupportits position; The letter states,411he experts whose comments we have summarized do not neces- sarily share the views of The Wiidemess Society ...on the pipeline." However, the Society does not state that it disagrees with the views of Its experts, specifically Dr. Cadwe comments regarding ANWR. , Susan Alexander, Regional Director of The Wilderness Society, said Dr. Cacwe comments werenot made on behag of the Society, but si mply made upon its request. Cade's article and others were dearly marked "compiled by The Wildemess Society, the Environmental Defense Fund, Inc., and Friends of the Earth." The articles made up the bulk of the environmental groups' response to the FEIS, except for the 15•page cover letter acoom yin the articles The letter a reeled wide read a reemant Thoughts from the president by Boyd Bro"eld fit My message this month will be brief but vitally Important. I have previously hammered on the importance of our lands Issues: ANWR, Tongass National Forest, state land use plans, ANCSA and a host of other related Issues. While these issues remain extremely im- portent to us, there is an upcoming event which is of Immediate, paramount importance affecting the future of our lands in which you and I have the lead role. that of determining who will be our next Governor. Loam the issues; pin down the candidates to specific positions; be leafy of generalized, watered-down, meaningless fence balancing. In short, be an informed voter. Remember, past performance speaks far better than words. An excellent document to make you aware of resource issues is our own "Strategies for Advancing Alaska's Economy 1986.1990." 1 urge each member of RDC to obtain one, read it thoroughly, know candidates' posi- tions. Then vote your consciencel We literally hold Alaska's future in our hands. Your vote Is the most powerful "ticket" you have to influence our future. Don't squan• der it; don't abandon it; don't sell it; use it wlaelyl o.Remomber, your vote is not transrorable; it wile admitbrily uue person, YOU.113 good for only one main featuro: 1986Gabematodal elections. And lastly, If not used, it is null and void and no good after August 26,19861 Notable Quote with points brought out in the articles supporting the environmental groups' opposition °The Industries that made Alaska great, to the all pipeline route to Valdez, but did not disclaim the remarks regarding ANWR. pertitese mining and timber, are hens pros."It is obvious The Wilderness Society would not have included expert testimony in thhese days in the taco of overregulation Its response to the FEIS which disagreed with the Society's position," noted Easley. by the federal government. The state ought ON Is important to remember that these expert reviews were compiled to discredit the to be working aggressively In Washington to viability of the Veldet pipeline route. Had Dr. Cade orthe other experts In their comments lessen that burden so that these industries supported the Valdez pipeline route, the Society would not have Included his comments can grow•" In Its submission." FaftWo Daly News•Miner March 18,19a8 August lose / RESOURCE REVIEW I Paige 3 L -1 L Red Dog to bring Alaska new wealth,-_ 1 Located some 60 miles north of Kotzebue ;; ;1• •IMA files one of the wodd's greatest mineral dueo posits. It is a unique combination of large size, high grade and low waste -to -ore ratio, which will make it one of the world's largest, and , lowest cost zinc producer when at full produc- :. tion. The grade Is two to three times higher than most other leadlzinc mines in the west - am world, and the large size of the deposit �. �` r•.r '� will give a mine life of almost 50 years. _' !' x Like most of Alaska's abundant resources, this mineral deposit is situated In a remote area, hundreds of miles off the state's high- way system. A new transportation system will ' `• �•, tap into its core to bring the minerals to market ; and new sources of revenue to an economy heavilydependenton resource development. r�} Cominoo, one of the world's largest pro- ducers of lead and zinc, has joined in partner- ship with the NANA Regional Corporation to develop the Red Dog mine In Northwest Alaska. The third member of the development group is the State of Alaska, Which Will build Robert Newlin, chairman or the board, NANA Regional Corporation, addresses the crowd gathered the transportation system. for the groundbreaking ceremonies for the Delong Mountain Transportation System pat site Photo In relation to other zinc deposits, Red Dog courtesy of Cominco Alaska. _ is the second largest ever discovered, smaller ranging in size from 25,000 to 60,000 tons, said. "In most cases, this Is due to over•pror than the original size of the Borken Hill deposit will be loaded with concentrates destined for duction, the result of too much investment In Australia, but larger than Cominco's own North America, the Far East and Europe. encouraged by the inflationary excesses of Sullivan mine In B.C., which is number three In size. NANA Regional Corporation Is the owner the 1970s." For base metals, prices earlier this year At lull production, Red Dog will be the of the mineral deposit. The Cominco/NANA agreement requires NANA to lease the Red were the lowest in 50 years, resulting in a largest zinc mine In the Western world. Dog mineral deposit to Cominco. In return, major shakeout of the lead/zinc industry. However, Giegerich said zinc may be starting Major environmental studies, impact state. Cominco will Mane and manage the project, to move up, but he warned that it could take ments and the project feasibility report have and market the production. another year or two for zinc production in the been completed and detailed engineering for Since the mineral is very close to the sur• western world to come more in line with con. the project has begun. Groundbreaking on face, ore will be mined byopen•pit methods. sumption so that the market can stabilize. the transportation system occurred earlier this The total cost of Red Dog is estimated at Cominco sees a definite market opportun- summer. $400 million of which $150 million will go to ity by the end of this decade or by the early In the case of Red Dog, transoonation the building of the road and port facilities. 1990s, and Wit is the period which she com- planning is'based on a 100 day shipping sba- Scheduled production from Red Dog tie- parry Is targeting for startup of ie i Dog son, from early July to mid -October. The ship- pends on two cruciai factors: access to the Orce the mine is in full operation, 'i is is- ' ping season is controlled by the ice in the mine site, and lead/zinc markets. timated that the expenditures by Red Dog Bering Strait, about 150 miles Southwest of According to Hank Glegerich, President of 'Cominco within Alaska could amount to as much as $100 million annually in the form of mine the Red Dog port site. Alaska, the start of work at the mine payroll, Alaskan purchases, taxes and royal - For land transportation, concentrates will be moved in large truck -trailer units on a 52• depends on access to the site. At the present time, the construction schedule for the trans. ties. During the life of the mine, up to $5 billion mile all-weather road to a storage building poeation system is based on start of the major will be injected into the Alaskan economy. For Alaska, Red Dog will be one of the first located at the coast. This building will be able to hold about 9 months production. road contract next year, which will lead to access sometime in 1988. Glegerich said he major hard rock mines to operate in the state A major feature in regard to the port site Is looking at a three-year construction period for Red Dog, which will allow the mine to start In modern times, and will enhance Alaska's reputation in the world and encourage further is the shallow water at the coast. Several at- up in the early 1l190s. Investment in the state. "Red tematives for loading concentrates have been Dog will promote new markets and studied. The present concepts are based on However, Glegerich pointed out that mar- trade," said Glegerich. "The products from., a shallow -draft dock, with movement of con- kets have been depressed for almost three Red Dog will be sold all over the world, includ- centrates from the large storage building by years and these markets are still in disarray. Ing the Pacific Rim countries, and this will Conveyers to sell -unloading lightering barges We are suffering today from a general open the doors for other Alaska resources, to ships anchored off shore. depression In commodities, including base as well as have a positive effect on the U.S. During the open season, about 15 ships, metals, oil and farm products," Giegertch balance of payments." Page 4 / RESOURCE REVIEW / August 1960 .; • �, ; L, L_ 7 L. L_ I Council's strategies draw support The Resource Development Council's new report on advancing Alaska's economy through resource development continues to draw strong support from major gubernatorial candidates. After reviewing "New Strategies for Ad- vancing Alaska's Economy: 1986.1990," Republican candidates Dick Randolph and Bob McGrane endorsed the 45-page document that outlines specific actions for advancing Alaska's oil and gas, minerals, wood products. agriculture, fisheries and tourism industries. Candidates Bob Richards, Joe Hayes, Steve Cowper, Ar- liss Sturgulewski and Welter Hickel ex- pressed support for the strategies last month. The candidates believe the actions out- lined in the report are the first steps toward building a strong, diversified economy. They have called the report's recommen- dations reasonable and necessary in order to improve the competitiveness and pro- ductivity of the industries addressed. Randolph said the principles and policies promoted in the report are "clearly those thetwe should have been using from the beginning and that must be put in place as rapidly and as completely as possible." McGrane, who participated in prepara- tion of the study, said Alaska "should In- vestigate all of our natural resources be- fore land is locked up for any reason." The Council is now circulating the report throughout the state to gather endorse. ments from leg..slative candidates, local government officials, private corporations and companies. Bo fsrmynfield, the C. ,inch s president, said legislation called or in the strategies Is in the drafting stagb, end "these en. dorsements are important to developing a strong constituency for getting legislation this next session." Copies are available to Interested citizens at the Council's Anchor- age office. Notable Quote "We're a three-legged stool — oil, agricul- ture and defence — and two of the legs are broke," —Ed McClelland, economist Republican Bank, Dallas, Texas RDC divisions meet to advance new strategies The Resource Development Council's International Trade and Industrial Development Di- vision has shifted Into high gear to meet the challenge of preparing draft legislation aimed at advancing Alaska's resource development sector by trade with other countries. Work sessions have been scheduled to Identify and formulate legislation to be introduced In 1987 to Implement the division's strategy statement in the Council's new report. New Stralegles for Advancing Alaska's Economy, 1986.1990. RDC's Mining, Renewable Resources, Oil and Gas, Lands and Power Development dM- sions are also meeting to draft legislation to advance strategies within the report pertaining to their Industries. At the top of the International Trade and Industrial Development Dhrislon's agenda is the refining of HS 633, a bill pertaining to the creation of an Export Development Authority. The Authority would supply necessary capital for small to medium businesses which wish to participate in the international marketplace. For further Information regarding current ROC division assignments and activities, call 276.0700. Wilderness Society gets grant for more-- studies The Wilderness Society has received a $50,000 grant to continue studies that have been highly critical of timber harvesting in the Tongass National Forest. The grant comes from the Wallace Funds, established by the co-founders of Reader's Digest magazine. "We are pleased to continue our support of the Wilderness Society's research and pub- lic education effort Into the economic and ecological consequences of Intensive timber cutting in southeast Alaska," said George V. Grune, president of the Wallace Funds and chairman and chief executive of Reader's Di- gest .I..10 An initial grant from ,iie Wallace Funs en- abled the Society to study the'. o mitlioii tore forest and publish a highly- critical ^, i 5-page report in April that contends the timber indus- try is harming the rain forest. A W-1dernoraWi4tyagenas is waking an end h+ the rongesa-l?ntom Fund and a sharp reduc- Un', in Me annual oommexial harvest from the Tongass National Forest. U.S. oil imports rise sharply U.S. petroleum imports from members of the Organization of Petroleum Exporting Countries (OPEC) Increased a sharp 43 percent during the first four months of this year, according to the American Petroleum Institute. Citing government data, API said imports from OPEC nations averaged 2,166,000 barrels - per -day (bpd) in the January through April period. This was 649.000 bpd higher than the 1.518,000 bpd Imported during the same period a year ago. Saudi Arabia accounted for most of the increase in OPEC imports, API noted. Saudi Arabia is now America's fourth leading supplier, trailing only Western Hemisphere producers Canada. Venezuela and Mexico. API also pointed out that Persian Gulf petroleum represented 14,1 percent of total U.S. 00 imports In April, compared to Just 5.5 percent in April 1985. August 1986 / RESOURCE REVIEW / Pegs S •, r L L J L. _ L F f e. ii i Alaska guides Congressman Don Young has Introduced legislation which would establish a fund in the general treasury to compensate hunting guides for the loss of property and revenues resulting from passage of the Alaska National Interest lands Conservation Act Guides who held a lawfully issued permit for an exclusive or joint use guide area upon ' enactment of ANILCA and who lost the permit as a result of the Land Acre passage would j be eligible for compensation. Guides would be required to present evidence of income derived from guiding in the area during the five-year period preceding the dosing date along with certified maps showingacreslost Compensation would amount to appro* mately $1 for each acre of exclusive guide ro t is area lost Compensation area mprovemen made solely to fadlitate guiding services Court to review standard huntingtothe lessfairmartheket fairvamarkelueoft uchirovements before the area was ol'ouse"d'i sportequal in environmental cases value of the improvements after the area was - doeThi "This legislation is Intended to compensate The United States Supreme Court will decide the important legal Issue of whether a judge public businethose hunting guides who lost revenues, sse may Issue a far-reaching Injunction In an environmental case without first balancing andswhon areand In exclusiveses re abrogatedthe In re areas were abrogated and the Interest and economic Impacts against environmental Impacts. In recent ears, the Ninth Circuit Court of Appeals has consistently followed the practice Y p Improvements they had made in the form of moves camps and forward bases were absorbed by of issuing injunctions at the outset of all environmental lawsuits without looking to economic d18 National Park Service," Young said. or social impacts. The Ninth Circuit again applied that rule and enjoined energy development "These guides have suffered great financial and offshore oil exploration on the outer continental shelf off Alaska. The lawsuit Is an action by a coalition of environmental Interests seeking to stop federal loss through no fault of their own..." all and gas lease sales. The Pacific Legal Foundation represents the Resource Development Notable Council and the Alaska Support Industry Alliance as friends of the court, arguing that the Injunction is based on a mistaken assessment of national policy, is unreasonable or id threatens n }e the economic survival of many Alaskans. l.,( �� L The, trees are always Delegation asks- EPA to greener... modify mining regulations (The following quotation Is from a study of the forest product market structure in the Thyes Rocky Mountain states sent to us by The Alaska Congressional delegation has asked the Environmental Protection Agency to Shaub, Alaska Division of Minerals and Forest modify its regulations to help Alaska's placer mining industry meet state designated water Products.) quality standards. "A common misperception about Umber Alaska Senators Frank Murkowskl and Ted Stevens and Congressman Don Young made products manufactured in the Rocky Mourn the request in a June 26 letter to Lawrence Jensen, Director of the EPA's Office of Water. tafn states, especially lumber, Is that they can - As a result of passage of the 1985 supplemental appropriation bill, the EPA will conduct not compete on a quality basis with products research this summer on the Alaska placer mining Industry in conjunction with the development manufactured in other western regions. The Of effluent limitation guidelines. result is that numerous markets in the Rocky The delegation asked EPA to focus on specific Issues in order that the effluent guidelines Mountain states, for a wide rare of product Will be tailored to address Alaska's specific mining problems. types and grades, continue to be filled by im- The delegaloft noted that the effluent guidelines are Intended to guide the minor In achieving ported products, even though local products War quality standards. Further, it is Imperative that they are based on a thorough understand- could most required performance standards." ing of the varied factors associated with mining in Alaska. Sound familiar? Page 61 RESOURCE REVIEW / August 1986 L L I L. ANWR: Many reasons support (wn►inued from page 11 .. ft, dutxed by Independent scientists to study the j caribou herd has tripled concurrent with de• effects of development activity on vegetation -. a opment of the Milne Point, Kuparuk and and terrain, on waterfowl and other birds, and Prucnoe Bay oil fields. Caribou graze and on mammals such as caribou. This research cave in the existing North Slope oil fields, has yielded the knowledge that enables the ano there is no evidence that the animals have oil Industry to explore and develop petroleum teen deflected by the pipeline. resources In the Arctic in an environmentally - Studies on the Nelchina caribou herd of sound manner. Research on wildlife resources and their Interior Alaska offer the most conclusive evi• dence that pipelines do not impede herd habitat on Alaska's North Slope has not only movement during major seasonal migrations. Immeasurably increased the scientific under. standing of Arctic ecosystems but also shown The Nelchina herd migrates east and west directly across the pipeline and Richardson that wildlife and petroleum development can highway. The animals have shown no prefer- coexist harmoniously. Experience gained at Prudhoe Say and Kuparuk, along with rapidly ence overall for crossing at buried or above- ground pipe. Further, the Nelchina hard has evolving drilling and production techniques, also been growing rapidly in the past decade. There is no evidence that the caribou of the Porcupine herd in ANWR's coastal plain respond differently from those animals at S, Prudhoe Bay. Although the oil range is nar- rower within ANWR than at Prudhoe Bay, only a very small portion of the range would be impacted if oil is found. Actual surface impact would be roughly one percent of the area of any oil field discovered. The growing existence of caribou at Prudhoe Bay is spectacular, but not unique. For example, there are similar herds of rein- deer (the same species as caribou) calving and grazing in the presence of industrial de- + velopment in Northam Europe and the Soviet _ Union. The petroleum industry has operated in the Viere Is rro evidence that the Porcupine carbbot Arctic for over 40 years. During this time, there ham those animals at Prudhoe Bay. in the above have been hundreds of research projects con- funs at Kuporuk. development will further minimize environmental Impacts. Further, there has evolved over the past 20 years an extensive regulatory and permitting process at all levels of government that re- quires development activities to strictly com- ply with the toughest environmental stan- dards. It Is time for all parties in the ANWR oil range lands debate to work together to secure America's long-term energy future. The Arctic National Wildllte Refuge oil range can be. come a world showcase of environmentally - compatible development. With the latest technology, Industry can prove once again that economic development and wildlife can exist harmoniously. Governor's. plan is t90 little, too late (eartbued from n page 2) , and we were continent we could do -the some. as pat sic :and managemen', regulli"Ons and fisheries were the only industries whose con- With Indiana's pro.developr: tent govemorand .; permitting prei,tems, access to resources, pri- cems were addressed by government lieutenant governor at the helm and a legisla- vale property rights, tax policies, building re- ture anxious to follow their lead, the state's source transportation systems or how the In direct response to these events RDC RDCIden. economic direction and policies were re- state spends its Income until it is in their launched a costly companion protect to versed In a five -month perlodl economic interest to do so. That time has My and seek consensus on the problems and The RDC study, New Strategles for Ad- arrived. needs of the state's resource industries. Cooperation was Immediate and immensely vancing Alaska's Economy, 1986-1990, which said who must do what, why and how, 9 Alaska voters and elected officials can shed the complacency of the last decade and successful, especially when it became obvi• ous that our "oil driven" economy was driving was accomplished not by expensive consul- tents or outside experts, but by Alaskans vigorously support the actions outlined in New more slowly. Participants responded Intelli•� jobs profitability were at stake. Strategies, we, like Indiana, will immediately improve the economic climate of the state gentlyt actionto the proposed must beu�delines we doable proposed: (1) any in the next These representatives of all the state's re- source sectors were precisely the group we've chosen as home. --four y ears, and (2) the actions must be ac- whose expertise the now -defunct Council on Alaska's governor must lead the effort as complished with as few state dollars as pos• Economic Policy lacked. other governors have so ably done in recent sible. We learned a good lesson in this process years. For it to be successful, however, the A similar undertaking by a organization in Indiana (which Involved a $250.000 consul- of raising economic development concerns on the statewide public policy agenda: people leglsleture, state and local Officials, private organizations and citizens must all show their tant contract) turned that state on its heels, will not focus on such "unglamorous" issues support. That means you. , - August 19861 RESOURCE REVIEW / Page 7 L L -'1 J L. L 1 } ! A:. Red Dog �iJM!T!!�✓y 14 +rr . N C L t 4.t ! A Venture of... - DOMINGO A1808 and NANA ' The Beginning Approximately 75 people attended groundbreaking ceremonies for toe this work. It will take approximately three months to con• j theDs Mountain Transportation system in Northwest Alaska Jury struct these facilities. i 3. The ceremonies were held at the future location of the DeLong This year's construction program will facilitate the construction Mountain Transportation System port site on the coast of the Chukchi both the 52 mile road from the port site to the Red Dog mine and th - - t. Sea. The port site Is about 600 air miles northwest of Anchorage and remainder of the port facillties. Once the transportation system Is fi 60 mites north of Kotzebue. completed, actual site work can begin at the mine. r The transportation system and port will service the Red Dog mine, The �� � �� re has not yet made a production 1 decision and the Red mine. However, Cominco Alaska is which will be the tree�work!'s largest producer of zinc once the mine 1 is brought Into production In the early 1990s. iwotrking nd1 rr adschedule which would bring the mine into operation early Following the groundbreaking ' '•° � shallow�water dock and ceremonies, work commenced on a Nearly half o1 the concentrates from the Red Dog mine will be sold Dmem A l� site staging area. The Alaska industrial to the Cominco metals division smatter in Trall, B.C., with the remain- ave top uthorttyeadierthiayearawardeda$l.emillioncontract der being distributed to smelters In the Far East and Europe. . +.. ,'fit)'.';.:� ..Y..j _tr.�..?�..'�'r?'!�'ii _Kt+ifY.• - y.: i:: ..:,`1�^ L'c���; .:rl Oroundb►eeking eeremoroes ra the Wong Mountain TMwpodMn System (left to dghq Mere Qreer►, Prealder� Northwest Antde Borough Assembly; Oov aw Bill ftft/d,WON@ Hensley, PresdW NANA; Robert Ne"n, Chapman, NANA, Norman Anderson. Chahmen, Conwvo: and Mayor John &haetler, Northwest Anzio Borough (far dghf). Photo courtesy W Canino Alaska. ftwm SWON O In Otis WANUOM dD not necsm y nP tlN Nsws of b 1pWMM VIEW / Autzust 1986 7 i s'w'%�,LANDSCAPING REVIEW BOARD August 26, 1986 - 7s00 PM Conference Room, City Hall Lou Schilling, Chairman 1 I. ROLL CALL Presents Cole, Schilling Absents Caler, Darrow, Oberg, Also Presents Loper, Hackney 2. .44 APPROVAL OF AGENDA 3. APPROVAL OF MINUTES of August 12, 1986 Minutes approved as submitted 4. OLD BUSINESS a. Landscaping/Site Plan Review i The Board went over the proposed ordinance to ensure that all changes � or corrections were made in the final draft. The ordinance now goes. on to the Planning Commission. ` 5. NEW BUSINESS a. Plan Reviews Lot 4, Blk 2. CIIAP - Yukon Office Supply I Mr. Dallas Armstrong, representing Yukon Office Supply explained the plan. There --was a question as to property lines and ROW lines, they i Were not indicated on the plant -nor were.percentages.• The Board +' M tubers` scaled off the drawing and ascertained that the total 4: e landscaping exceeded the:51I. The Board suggested that rather then the scattered trees in the front, that a clump of hardier trees be placed. The reason for this is that the building is in a high wind area and it has been recommended by the Cooperative Extension Agency that trees survive better when clustered or clumped rather than spaced, and that the bushier tree such as an evergreen be used rather than the more fragile birch. Mr. Armstrong felt it was a good idea and the plan was - - - ---- altered to include the change. The Board agreed that no planting (other then the trees) could take place this year, the season being so late. Mr. Armstrong will ensure t J that the remainder will be planted in early spring. i The plan was approved by those present. i i L _f %164'____-1- - -- - . - --- a------ - - - F ii LANDSCAPING REVIEW BOARD August 26, 1986 Page 2 6. BOARD QUESTIONS & COMMENTS 7. ADJOURNMENT There being no further business, the meeting was adjourned at 7:24 PM. Janet A. Loper, Planning Specialist Secretary to the Board C� �1 11 E F sJvF4 - 8 KENAI MEMORIAL PARK COMMITTEE BEAUTIFICATION COMMITTEE August 26. 1906 - 12s00 PM Mr. D's Restaraunt Tim Wisniewski, Chairman NOTE: The Memorial Park and Beautification Committees met jointly. 1. ROLL CALL Presents Bailie, Dr. Hansen, Mrs. Hansen, Porter, Selby, Sheldon, Wisniewski Absents Jackson (excused) Also Presents Kayo McGillivray, Director, Parks & Rec Commission Janet Loper, Planning Specialist 2. APPROVAL OF AGENDA No agenda used - one item for discussion 3. APPROVAL OF MINUTES of August 19, 1986 4. OLD BUSINESS a. Discussion: Recommendations for Memorial Park Protect The Committee discussed different design schemes with the architect with the object in mind of deleting portions of the walkways in order to keep cement walkways. Suzanne Little had informed the Committee that the cement walkways would cost about twice as much as the D-1 gravel. Next the Committee discussed the placement of the gazebo and the fountain with the walkways redesigned. It, wee agreed that the fountain would be offset -from the gazebo to 'ureate two distint-1- areas .*.as opposed to one combining the two. Dr. Hansen informed the Committee that donations are still coming in. What Dr. B Mr. Hansen would like to do is tag the money for the fountain. The amount is in the neighborhood of S8,000. The Committee agreed that Dr. 6 Mrs. Hansen would meet with Mr. Gintoli to approve a design for a fountain of their choice. The Committee discussed the time remaining and the possibility of getting any work done this fall. The Committee agreed that little could be done this year. The plans will still have to go to bid which will run into October. Even though much of the dirt work could be done by volunteer groups and city crews, it is getting too late to begin any major portion of the project. rl ,�pF,.x:.: 4 h• i .' MEMORIAL PARK COMMITTEE August 26, 1966 Page 2 Mr. Gintoli will rework the design and bring it back to the Committee at the next meeting, including the design for the gazebo. 6. COMMITTEE COMMENTS A QUESTIONS None S. NEW BUSINESS None 7. ADJOURNMENT There being no further discussion, the meeting was adjourned. The next meeting will be Tuesday, September 2nd at 12:00 PM at the Senior Center and will be combined with the Beautification Committee and the Parke 6 Rec Commission members. Lunch will be available. Janet A. Loper, Planning Specialist Secretary to the Committee L.. L 0 a1 t; -�1 :y r ti t 1 � . THE ALASKA CHAPTER' (> ASSOCIATED GENERAL CONTRACTORS OF AMERICA9 INC. SKILL SOX 92500 • ANCHORAGE. ALASKA 99509 3201 SPENARD ROAD RESPONSIENUTEI.EPeME 1907) WI-5354 ANCHORAGE Tl WIWAM E SCHNEIDER i INTEGRITY EXECUTIVE DIRECTOR { August 22, 1986 Tom Wagner, Mayor ` City of Kenai 210 Fidalgo Kenai, Alaska 99611 Re: Retainage On Construction Contracts Dear Mayor Wagner: I recently received a letter from Woodard Construction Company informing me of recent action taken by the City of Kenai with respect to retention on public works projects. I understand the City of Kenai has recently adopted a policy of withholding 10% retainage; holding the retainage for a period of 90 days following final completion; and paying interest on that retainage at below the statutory mandated rate of 10.5%. ; Further, it is my understanding that the City of Kenai utilizes "defacto" or "hidden" retainages by identifying certain bid items as "project closeout" or "Warranty retainage". In an effort to communicate the concerns of the construction industry on these matters I offer the following for your consideration in fulfilling the city's concerns as owner and responsibilities.as a public -contracting agency. Retsina e. retainingercenta a of the contractor's earned payments, as ., a prac ice -of a p 9 those payments fall due, is intended to assure the owner a full and satisfactory completion of a contract. While this may be a prudent practice from the owner's perspective it is important for the public owner to recognize that undue delays in the release of retained funds impose unwarranted hardships on all contractors and further compound the cash flow problems in - - -- the industry. "AN AWARD WINNING CHAPTER" CHAPTER PRESIDENT OF THE VEAR • GM • I CASHMAN MEMBEASWP TROPHY • W2 L F Tom Wagner, Mayor of Kenai August 22, 1986 Page 2 s In public construction a contractor does not have the opportunity to negotiate with the owner over the terms and conditions of the contract. If a contract provision imposes costs on a contractor he will attempt to cover that cost in his bid. if a contract provision imposes additional risk, a contractor may increase his bid price or decline to bid the project. That is why public owners must be conscience of the fairness of their unilaterally created contracts. An unfair or unreasonable contract provision may be reflected In significantly higher bids or a diminished number of responsible contractors bidding the project. In order to lower the cost of construction it is essential that the amounts retained be reasonable and that any funds so retained be released as expeditiously as possible. Further, retention should not be used as the sole guarantee of a contractors performance. An owner should consider the previous reliability and quality of a contractor's performance and keep in mind that the contractor has a performance and payment bond to protect the owner. Interest On Retainage e requirementTor the payment of interest on retainage is set forth 1n AS 36.90.001 which requires the payment of interest on retainage "at the rate provided in AS 45.45.010(a)." AS45.45.010(a) states that "the rate of interest in the state is 10.5 percent a year and no more..." This requirement appears simple and straight forward. If you elect to retain fromthatcontractor andrshouldhpayainterelready earned hinterest at the en you a of10.6 percent re borrowing money an m year. Some public owners (and apparently Kenai has joined the ranks) make a logical leap and conclude that AS 45.45.010(a) sets the maximum rate and that the borrower (i.e. the one holding the retainage) gets to determine the rate of interest, a rather unusual practice. ,To my knowledge. this practice has not been leg'ally. challenged to this date. Quite frankly.I think it is an indefensible position from the city's prospective. I suggest that you check with your attorney before embarking on a course of conduct that could cost you more than the interest you are saving. The important point to remember is whose money is being retained. By definition, the city is retaining funds already due the contractor. The issue then is not what the city earns on its investments, but at what rate the contractor must borrow funds to replace those held by the city. Viewed from the proper perspective the rate is certainly not excessive. Further, it is the city that determines how much and how long the funds are retained. The city can reduce its interest expenses by keeping retainage at reasonable levels and expeditiously releasing retainage upon completion. L J1 L - . Tom Wagner, Mayor of Kenai August 22, 1986 Page 3 Summary e city owes a duty to its citizens to develop fair and reasonable construction documents because in the long run they are more cost effective. The practice of excess retainage and utilizing "defacto" retainages such as "project close out" can increase the cost of the project through higher bids. Excess retainage can also heavily impact the cash flow of Kenai s contractors and suppliers which can impact the entire Kenai economy. A fixed retainage of 10% plus additional "defacto" retainages for warranty and project close out are excessive and unfair. The payment of 6% interest one retainage is contrary to state law. I ask you to review the City of Kenai s policies on this matter and take the appropriate corrective action by eliminating excessive retainage charge and by paying 10.5% interest on all funds retained. If you have any questions please do not hesitate to contact me. Sincerely ALASKA CHAPTER ,-� ASSOCITED GENERAL CONTRACTORS William F. Reeves General Counsel cc: Wm. J. Brighton, City Manager City Council of Kenai Keith Kornelis, Public Works Department AGC Board L !sA'po _ /o 1 Resource Developmen _ _ _ �....... • • for Alaska, Inc. /2oz,2-��?s?�� 01 r * SO tot , w1851-0 P UMEUE rm" August 25, 1986 0, r ti0 J TO: Members of the International Trade and Industrial Development Division A meeting of our division is scheduled: for: Wednesday, September 3, 1986 time: 7:30 - 8:30 a.m. at: RDC conference room (free street parking) 807 G St. Suite 200 ` i °'pErTORs TOPIC: Continue work session to prepare draft + legislation and refine RB 633 "Export Development Rex1. mahm Authority," in response to our July 16, 30 and August 13 r � presentations by Representative Terry Martin and other members of the International Trade and Industrial CW Development Committee. We will also set agenda to discuss Free Enterprise Zones and Free Trade Zones. Jana o. ^eua^ore Fnd 0. Eeatwph (If you attended the July 16, 30 or Auqust 13 L Rn i«� presentation, please bring the information provided to ROM W. FWNrq Dan you by Representative Martin and Dan Dixon. I look forward to seeing you there. Jodi MLem"� r,w DOnNd L Menem "ass Larry Dinneen �°""Momu.0 Division Chairman WA A.A. JCM Dorm00Mam °r�°aw.Lon. P.S. Be sure to attend our Thursday breakfast forum, �;y September 4, ' at 7:30 a.m. at the Northern Lights Inn. mao�r This week's topic is the Port of Tacoma presented by Mr. RWWdWawrrY�eLarry Killeen. - - --- -- -- - — — - - titan s KReynolee WNW E. 8dttaaer rmam" 4 Ja J. Thomas rWW. Tktdtl Rudy:i DDaw P. T b" JMO a Usftk Jr. is g_ 4tAe Von TeEMOM d 8t F=k MtukWMM ng fT Y 1' -I L STRUCT d FILIAL 60. BUTTE E?O4 KENAI. ALAS" 895 August 26, 1986.2o1/. y9oo0, O �.� � � 0s;s9 ,� ' •�, FOR COUNCIL MEETING OF '3'96 G�1 --[) City Mor. —[3 Attwo �i/� �Lkl, _ City of Kenai "Public Works --[] City Ck* � �/�• 4 ~" 210 Fidalgo Street C Fln,eeke/ ' { Kenai, AK 99611 p y T� Submitted BY- Cwmxl OK DNo MCI Ck—r C •i� i ' STATEMENT N86O4 — KENAI BOATING; FACILITY _ PREVIOUS BILLINGS THROUGH 7/15/B6: $128 4.01 Tr/�3'�.O/ s PROFESSIONAL SERVICES 7/16/86 through 8/25/86: Principal Engineer . 142.5 Hrs/$75.00 Ole $109687.50 Draftsperson 1 r 181.0 Hrs/$35.00/(S.T.) 6,335.00 8.5 Hrs/$43.00 (O.T.) 365.50 ✓ d - 1 Clerical / 81.5 Hrs/$25.00� 2,037.50 f1 MISCELLANEOUS EXPENSES: 1 Tryck, Nyman, Hayes l Z/D7e(.O/ A- /. ( 13,281.41 ` William A. Kluge & Associates too, jr /. / 1,100.00 ✓ �! I:;BA, Inc. S Z31.f'a Jw I 5,757.18 l � Freight ASoutheenlral Air) 36.36 Postage ti 11.91 Telephone 31.04 Printing (in-house 69 @ 1.50) 103.50 Printing (AK Kwik Kopias) ,279'. bf x 1. / 1,363.57� Printing (NPAS) lyl.00 x/.1---157_30,10- ' TOTAL TO DATE: 170 /o/, 78 NOT TO EXCEED: $161,000.00./ t LESS PREVIOUSLY RECEIVED:-,rb.�i9�.p1 1.2 Er INr%O/ ----------- BALANCE DUEL + • �� . L 1: ! �{ ip 5 s G r ooltuuo .j Ilk � cj of •I NI I lka I ' lit N w l w1 N C f O ^� w l 111 1 I (• u w � � N V >t i M c C, W ,*T o OO 4d E S O o c �, V G • o .s :. ° a V V e 0 Q C i�/1 �{ jl i w iAA « I 0 V W C 7 a ° u W V J o« N r •+ w ro C p Y, G pg O 3 C. of g`u o� 0 I F F s 46 d i C Ol J V —43 1iAI3 ON0 NO 113M3 f �i1TA9 Pa1)IW9�S -Vi 1oulONO ylet� Al!') []-- sviam DIIVdO r I.IU11111w r 'Al All .' O� Q _ ao 916q 1,3aNl 113RA05 and r w �t�;Y� bo �.. I I C I+ I I I p� p•' � y4� v d "•�t:•N `"` o Y• F.; a i 1 I I :;'•v V-F 1 1 e �1 31 011 • 17t I xf 6 do 1A! :��9Q,'�Q�I�1��h ';'o ".r �i .! q+ �! 1 ' { � • 1 •• r •�' � V � 4►J g Yp r E3 L L �NF-0 r12 1 Yv 1 �1 1 ♦i .i • �1 1 w • Y 1 O Y w w � J, Y • V Y •' vemu; ►- �. U Y V I "..a Lr rAl PO !3 WINCE • CORTHEII • BRYSON y 900 9 7 CONSULTING ENGINEERS ► O son 1041 907.283-4672 KtNAI, ALASKA 99611 .1 a C, Optrao7•' Jbr776. o0 UG�9K6 city Of Kenai»� August 0/�„ 25, 1986 210 Fidalgo Street uu41. 'Ken 1/e ••��KB Kenai, Alaska 99611 Subject: Billing For Lawton Drive Road Water And Sewer Job: 86-33 Please consider this invoice rendered on the subject project through August 23, 1986. ENGINEER VII 46 hrs @ $58.00.01 $ 2,668.00— ENGINEER III 360 hrs @ $40.50.1e 14,580.00- 1 hr @ $30.00 (.j�•ov IP�% 30.00 TYPING SURVEYING INVOICE #860411*(2) 7600"X 1.1 ,cy� 8,360.00/ INVOICE #86041 (3) 2980'X 1.1 3,278.00 -e TESTING INVOICE #5549 380-'X 1.1 418.00-*' INVOICE #5626 785k 1.1 863.50*" NO TAX GOVERNMENT JOB 0.00 TOTAL AMOUNT BILLED $30,197.50 %Y PREVIOUS PAYMENT 17 977.00 AMOUNT DUE 512,220.50 if you should have any questions, please contact us at your convenience. YOURS TRULY, WINCE-CORTHELL-BRYSON (410)0a� CASEY E. MADDEN, P.E. in N CoNkell ► FOR COUNCIL MEETCiG Of 0City Mot. ----Q Atto ml 52Pubiie Woks —L] City Clerk ems¢-�firlC! - —[] -- OrNinal ToER- SubmittI4 Dy Cauncd OK [3No DYes Ck . 4renk W Wince ► ! f i 1 . � 7 r PAY ESTIMATE N*O: 2 CITY OF KENAI .VwFO -/V Project 1986 I.AWTON DRIVE ROAD. WATER, AND SEWER IMPROVEMENTS yt6 9 j �pvbic��'oi �"to Contractor 2UDECK, INC. •••� _ ;,, C116�B/!g� Address 7983 KENAI SPUR HIGHWAY •`�idi:.` Iy,� KENAI, AK 99611 Project No. . 86-33 V'' Phone 283-3921 Period From 7-27-86 to 8-17-86 .'� ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE 1 Original contract amount $349,168.22'� 2 Net change by change orders 0 Adjusted contract amount to date $349,168.22 ANALYSIS OF WORK COMPLETED _ O4 Original contract work completed $334,792.82 OS Additions from change ordc:•s completed 0 OG Haterials stored at -close of period $5,469.00 Total earnedO+OS +O= $340,261.82 t Less retainage of 5' percent $17,013.09 { O Total earned less retainageO7 -O8 $323,246.73 11 Less amount of previous payments $235,029.39 � ! 11 $88.219.34 Balance due this payment __- FOR COMA 141UTING OF Q 316 r f y�c. G �a. �toc�sn9sl L vial Itivr._ ! �Publio Works --U CAY CNrk Fieq ON rpm s,rpinnuOa Council OK QN0 13Yq X r r + t; 1 ,b I Page a 'of P A Y ESTIMATE N 0: ---- 1986 LAWTON DRIVE ROAD, WATER, AND SEWER IMPROVEMENTS CERTIFICATION 00 CONTRACTOR—� + ; Aeeordinp to the best of my knowledge and belie(, 1 certify Chat all items and amounts shown on the face of this Periodic Estimate ' for Partial Payment ace eoCrect, that all work has been performed and: or materi Of the referenced Cuntraet, aal supplied in full accordance with the requirements ndror duty author;:ed deviations. substitutions, alterations. and/or additions; that the foregoing is a { true and correct statement of the contract account up to and including the lost day of the period covered by this Periodic Estimotel Chat no part of the Balance Due This Payment" has been received` and that the undersigned and his subcontractors bave•(Cheek t apPlrrkef► Ilse•) - a• Complied with all the labor provisions of said contract. l - b.. Complied with all the labor provisions -of said conrract except in those instances where an honest -dispute exists with go -spec( to said' labor provisions. (it (6) IS Checked. describe Mletly nature of dlapure.) (Cenirsator) ... . •• � �(f3iCnature al Authors a reseneatawl _ 1 (t a . 1942 Title . J _.. i waww.ww!r�wt•n.. . CERTIFICATION OR ARCHITECT OR ENGINEER 1 certify that 1 have cheeped inJ vurificd the above and farepoinc Petiodie Ratimate for hm trtial'Miventt that to thu best of my ' knowluJga anJ belief it bt a truu and correct statement ui work performed and%or malarial NupplivJ by the contractor: that all Kirk area• ar material ineluJcJ in thir. (•rno.lir F+timata 11.1a horn In,pecteJ by me and or by my Jutv authorised rcrtesentattve ur I cai•Iant,. and that 1t h.%% bvcn penarmeJ and 'w eurpiivi in full %::otjancv with tequirementK.uf the refvrence contract: and that partial raymeni claimed and requvSIvJ by Chu eontaetur is currectly a:amruteJ on thu basis of wurk pviturmed and mt• ' I tial %urrllvJ Jate. dt il Sionej lerr n•eI rnK•rlarrl WINCE-CORTHELI-BRYSON . I j Dale -_ 8 :2 1 0 to ^� PRE -PAYMENT -CERTIFICATION BY FIELD ENGINEER r 1 Chrak yPr ul Putmrnr rrrrrrrrdt hart• rhv:lv.t rise. a•.trm.ite a..Iio,r the SI•ln•Ihrt. I.1 dmaunl. for (.•.Illral'r !`ntnsemn, the sea+tc% and rerytla I•f my ' _. Im;a•aa•n..•1 ti.e rralval. aa.t t!a Irrlor.ii. a;. rt..ulvuuua !.r thr arrhuaat enr:rnl•er. It I, my urulatn that the .tatrment aC p �� 'AWK ;•ar.•trri t arw ar Indtvtraif..00.l llva i. .I:: ut.Ilr, that th.• . o•euarlla 1, Id•.er+Iny the requttvalvers Ifs the vontra:C. and -- -------.- . .-- j that tht• cl•ntra:I•rr .huulJ ry r.11J Inv amount lvtluwtaJ .Ihw•v. 1 1 1 .I Its:% tsar a.. ,a.•rw a11.1 at s:.urtwl, un:Ir the a•mtr.s.t ha, %11 in.rl,la•J 1- me .tnJ that It hot. hevn r%rwrnwVJ and '..r .Iup. ,} '} r•uJ In 1611-1feVtJAfI:e unit tnr rI•yutreek•111, Id the alyltfa.:. {. 1VL:a ►nr,n.rn WINCE-CORTHELL-BRYSON 1o•IrI '.N I•J :..e...: Core. a•rtr: ... i.� L L tttt�l. r ii . {1 .1 1 WINCE • CORTHELL a BRYSON O 7, yk-o/p - 7 �N �— CONSULTING ENGINEERS o Box 1041 907.263.4672 KENA99611 SKA ,.. .�� Coh?r4�7` /71, 6brS, on ALIC 191'a City Of Kenai ;t; , August 25, 1986 210 Fidalgo Street"" City Kenai, Alaska 99611;' Attention: Keith Kornelis Subject: Billing For Inlet Woods Construction Inspection Please consider this invoice for Inspection Services provided for the subject project through August 23, 1986. ENGINEER 1 154.0 hrs @ $58.00 1 $ 8, 932.00 ENGINEER iii 137.5 hrs @ $49.50-0" 6,806.25 -- ENGINEER IV 1485.0 hrs @ $40.50 � 60,142.50-" SR. INSPECTOR 145.0 hrs @ $41.50-1 6,017.50 -- TYPIST 11.0 hrs @ $30.00 -� 330.00-' SURVEY INVOICE $ 29, 507 + 10% 32 , 457.70 — INVOICE $21,305 + 10% 12,435.50� INVOICE $15,434.50 + 10% 16,977.95 INVOICE $15 , 379.50 + 10% 16 , 917.45 -- SOILS INVOICE $ 2,160.00 + 10% 2,376.00-- INVOICE $450.00 + 10% INVOICE $4, 293.00 + 10% 495.00 � 4, 722. 30 --o' INVOICE $2,950.00 + 10% 3,245.00 -** ENGINEER INVOICE $ 2, 216.25 + 10% 2 , 437.88 AMOUNT CHARGED TO PROJECT $174,293.03 -7' PREVIOUS PAYMENT 166,869.28 ✓ AMOUNT DUE �:-•� i certify that the above charges are correct and no payment has been received therefore. K C os7'rce' / 716f7,'p o 01 VERY TRULY YOURS, WINCE-CORTHELL-BRYSON �� b'/S. % CASEY E. DEN, P.E. ..o .....—& Mee r MIA OF �-A% � U o.., ,+.yr. —G AttoMeq rv1,..G Warks --Q city Citrk i 1, �t! '�''j` Orim(wi 10M submilteedd s)—t=-- eouncil OK U0 clyes E on N corrhell P t . 1166k W Wine* F I 1 i ( WINCE • CORTHEII • BRYSON Y, CONSULTING ENGINEERS 9 O Oar 1041 907-203.4677 , `f �l KENAI. AIASKA 99611 Vm /0:1 AVG 1966 City Of Kenai C4ly -I X ,August 26, 1986 210 Fidalgo Street Pub!(O IWJM '. Kenai, Alaska 99611 \.• Subject: Billing Airport Way inspec�Lolkr'. Project #86-37 Please consider this billing for inspection services rendered on the subject project through August 23, 1986. ENGINEER VII 155.5 hrs @ $58.00. $9,019.00' ENGINEER III 2.0 hrs @ $40.50' 81.00' TYPING 2.51hrs @ $30.00' 75.00' SURVEYING INVOICE #86658 (1) 3340.00 X 1.10 3,674.00' INVOICE #86058 (2) 8320.00 X 1.10 9,152.00 TESTING INVOICE #5641 1370.00 X 1.10 1,507.00' NO TAX GOVERNMENT JOB 0.00 AMOUNT DUE $23,508.00 If you have any questions regarding this matter, please contact us at this office at your convenience. YOURS TRULY, WINCE-CORTHELL-BRYSON CASEY E. AADDEN, P.E. 9" rON COUNCIL MEETING OF • 7 City h1yr. ---� Atlornc/ tlRubito Works --(_j Gay Clerk 1 FI'Took ---1 j - 011011w1 Ta Suw�.��►,r L'� Council OK []`lo ('Yu ---*--. j m N Cortholl F I .'Frank W Wlnc• ► O i v f A i Page f.� ij tj $`� • P A Y ESTIMATE N 0. - - - -5 CITY OF KENAI f 4 Via Project AIRPORT WAY 1986 WIDENING y9�s w0Ik8 • Contractor ZUSECK, INC. ��Og - - Address 7983 SPUR HIGHWAY '•� +t �; u KENAI, AK 99611 Project No. 86-04 Phone (907)283-3991 Period From 15 June 86 to 25 AUG 86 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE O Original contract amount $660,656.45 -' i f 4 O Net change by change orders A 3O Adjusted contract amount to date $660,656.45 ' '1 ANALYSIS OF WORK COMPLETED ® Original contract work completed $227,289.68" O5 Additions from change orders completed _ 0 j O Materials stored 4t close of period _° 1 4 O7 Total darned®+O+& $227,289.68 :. Less retainage of /O percent $22,728.97 I i 1 O9 Total earned less retainage D-O8 $2o4,56o.71x I 0Less amount of previous payments ° © Balance due this payment $204,560.71 7 � ' 9 f' .. cc: ����..,, QQQCuy nay►. Contractor Zubeck, Inc. Pubite wort —� cis pall fin�n .q y. n i! Oriotnwl TO-X=- SAW "a B Wince-Corthell-Bryson Engineer Cmea OK 13No pro ----.- cw-- . t: L. 1: Imo. w a r I L.. 1 I, 9 IL. { d li 1 s� -ql- t `i 1; y 1 T1. t, • Page 2 of a I ,PAY ESTIMATE N0: -- CERTIFICATION OF CONTRACTOR According to the best of my knowledge and belief, I certify that all items and amounts shown on the face of this Periodic Estimate lor Putial Payment are correct& that all work has been performed and/or material supplied in full accordance with the requirements - of the referenced Contract, and/or duly authorized. deviations, substitutions, alterations, and/or additional that the fotegoing.is a true and correct statement of the contract account up to and including the lest day of the period covered by this Periodiceattmate; - that no part of the "Balance Due This Payment" has been received, and that the undersigned and his subcontractors have -(Check applleable /lne) a. 6Complicd with all the labor provisions of said contract. b. 0 Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with re- spect to said labor provisions. (it (b) is checked, describe briefly nature of dispute.) I By CC-Aubeck (Contractor) (Signature of Authorised • resentalive) t , 19e(w Title s Z-L 1 CERTIFICATION OF ARCHITECT OR ENGINEER 11 certify that I have checked and verified the above and foregoing Periodic Estimate for Partial Payment; that to the best of my - knowled e•ead belief• it•is•a-true•andsorrect statement -of work-petformed and/of-material supplied by the contractor; e0pt. qll„� _ j 1i(otlFan�/QYtriacetial includetttll'this Periodic Estimate has been inspected 6'y"me'end/ot by" duty aUt i"adied representative of "— assistants and chat it has been performed and/or supplied in full accordance with requirements of the reference contract; and that partial payment claimed and requested by the contractor Is correctly computed on the basis of work performed and/or mate- irialsupplie date. .• i . Signed ... _ _..... ..._ .... _..._.._ ..�_ � (Ar ith4e"&� eet or engineer) Wince—Corthell—Bryson i 1Date-A a27��lO _ �....... .. I' LPRE-PAYMENT CERTIFICATION BY FILLD ENGINEER Cheek type of Payment aertlfledr I have checked this estimate against the contractor's Schedule of Amounts for Contract Payments, the notes and reports of my Ins pections of the project, and the periodic reports submitted by the architect/engineer. It is my opinion that the statement of work performed and/or materials supplied is accurate, that the contractor is observing the requirements of the contract, and that the contractor should be paid the amount requested above. - - - -- i l certify that all work and/or materials under the contract has been inspected by me and that it has been performed and/or sup -plied in f accordance with the requirements of the contract. _ (Field Engineer) Wince—Corthell—Bryson (Date) Approved } (Contracting Officer) (Date)- I j1(( ' 1 1 t 3 1 6%, f - -a - L K, INVOICE 0 AINWICIAT IN hK ENMEM. SURVEYORS a PUWN Post Office Box 468 Soldotas, Alaska 99609 (007)283-4218 st 27, 1986 City of Kenai Department of Public Works 210 Fidalgo Kenai, Alaska 99611 JOB NO. 186-4022 BILLING PERIO i gna through 8/27/86 PLEASE PAY FROM INVOICE NoW. Any amount unoald after 10 days will be subject to an interest chargle of 1.5% per month. Description of Work: Kenai Airp—ort-lMrovements Fee 91514.101 Tax (K ) Gomarnment --- Monthly Billing Total S Final Billing X Retainer Billing Historr McLane& A escalates. Inc. bills Monthly Date Invoice Billing Period Amount Date Paid Balance 6/26/86 NTE (37,700.00) 6/24/86 4432 6/21/86 (31l,643.64) 7/29/86 5097 7/26/86 -MV. 8/27/86 5642 7/27/86 IV -0- 'golaw. 41 _a 61 FOR COUNCIL IAEEII.'.G r City N19r. --LJ r concil OX 1-1.40 mt.$ �1 ; -z _J INVOICE �A= M. f.A ■ Q OCOATES, INC. 810NAL BOWEERS, li1J NWIXIs a RA NERs Post Office Box 468 8oldotne, Alaska 99M (907) 283.4218 ;.. R. wust:�27, 1986 City of Kenai Department of Publ 210 Fidalgo Kenai, Alaska 996 JOB NO. 86-4022 BILLINU PERIOD PLEASE PAY FROM INVOICE j Nob: Any amount Unpald after 10 deye will be eublect to en IMeroet eherge of 1.5% per month. i ;j Description of Work: M.A.P. Project. Construction InsJpeztion y : II ' Fee Tax(K ) Total Retainer s 7,617.50 Government 617.50 t Monthly Billing Final Billing R /9 I + + Billing History: McLane & Aeeoolatee.Inc. Dille monthly . Date Invoice Billing Period Amount Date Paid Balance 183,350.001 l 8/2l85 , It 85 NTE 3408 8/31/85 _ 9,345.00 174,005.•0 # 9/25/86 3480 — 9/27./8 18,278.0 .7i'3.1:0 155,097.001 k - 05 Laborator 630.00 I.: 10/08/85 10128485 3528 3566 10 05 85 10/19/85 13,159.54 .00 131,557.46E 11 26 85 5 28/86 368 4344 5/24/86 ' 17,647:06 100,175.40 ` 6/24/86 4433 6 21 86 7/26/86 34,949.24 , .90 35,030.66; 40 7 29/86 5096 4 8/27/86 5643 FINAL 8 27 86 ,617 ,/'S5 •Ib rOR COUNCIL MEETII:G OF :.. - T { .y st Works —© city ck:,.. C.I Countp OK E]ro O4i •_---::K--• i ■ :�1 Y_S 1-----------_--------1--------•-----_--------------------------------•----------MM.. I.� MCLANE & ASSOCIATES, INC. BILLING INVOICE 08/27/86 -----------------------------------------------------------------------------�= KEITH KORNELIS, M.A.P. CONST. MGT./ INSPECT OUR JOB NUMBER 85-4022 BILLING PERIODI 08/02/86 TO 08/38/86 DATE TASK HOURS RATE TOTAL 08/i!/86 D1 104 2.50 32.00 80.00 08/18/86 D1 104 1.00 32.00 32.00 ^ 08/19/86 D1 104 1.03 32.00 32.00 08/21/86 D1 104 1.00 32.00 32.00 08/25/86 Di 104 •8.00 32.00 256.00 08/26/86 D1 104 6.00 32.00 192.00 08/27/86 D1 104 8.00 32.00 256.00 ---'------------------------------------------------- DRAFTING 27.50 a _------------ 32.00 ry 880.00 ----------------------------------------------------------------------- 07/28/86 E22 142 8.00 55.00 440.00 '- 07/29/86 E22 1420 8.00 55.00 440.00 67/30/86 E22 142 8.00 55.00 440.00 07/31/86 E22 142 4.00 55.00 220.00 07/31/86 E22 142 4.00 55.00 220.00 08/01/86 E22 142 4.00 55.00 220.00 08/01/86 E22 142 4.00 55.00 220.00 08/04/86 E22 142 1.00 55.00 55.00 --------------------------------------------------------------- E2 CLIENT MEETING 41.001( 8 55.00 10 2,255.00 r. -------------- ----•-------------------___--------------------------------- 08/04/86 E23 142 7.00 55.00 385.00 08/05/86 E23 142 6.00 55.00 330.00 08/66/86 E23 142 4.00 55.00 220.00 ' �. ------ --------- -------------------------------------------------- E2 REPORTS/CORRESPONDENCE 17.00"� 8 55.00'' 935.00 ---------•----------- ------------------------- 08/05/86 E25 --•-•------------ 142.. .' --------------- 2.00 55.00 110.00 08/06/86 E25 142' . 4.00 55.00 220.00 ^• E2 FIELD REVIEW ---------•------»_-» 6.00� S •----- 55.00'0 330.00 � ^ ------------------------- 07/28/86 PEI - --------------------------------- 103 1.00 65.00 65.00 08/01/86 PEI 103 2.00 65.00 130.03 09/04/86 PEI 103 1.00 65.09 65.00 08/06/86 PEI 103 1.00 65.00 65.00 08/08/86 PEI 103 1.00 65.00 65.09 08/11/86 PEI 103 1.50 65.00 97.50 ^ 08/12/86 PEI 103 1.00 65.00 65.00 09/20/86 PEI 103 2.00 65.00 130.00 08/21/86 PEI 103 1.00 65.00 65.00 88/22/86 PEI 103 1.00 65.00 65.00 08/27/86 PEI 103 2.00 65.00 139.08 ---------------------- PE ADMINISTRATION -----------------..----------------------- / SUPERVISION 14.50"l 8 65.00 / 942.50'( Is L ®l �l a r ----...-rp---------- ------------------------ ------------- -r------- -------------- -� MCLANE 6 ASSOCIATES, INC. BILLING INVOICE 08/27/86 ,. ------------------------- f -------------------------------------------------------- ? I KEITH KORNELIS, M.A.P. CONST. MGT./ INSPECT 1 ., OUR JOB NUMBER 85-4022 { r. BILLING PERIODt 08/02/86 TO 08/30/86 f DATE TASK HOURS RATE TOTAL r :'A 07/30/86 PE2 103 2.00 ------- 65.00 --------- 130.00 ' . 08/25/86 PE2 193 1.00 65.00 65.00 08/26/86 PE2 103 1.00 65.00 65.00 ' 08/27/86 PE2 103 2.00 65.00 130.00 ----------------- ---------------------------------------- -• CLIENT MEETING PE 6:00� a 65.00 ------,� I 390.00 07/28/86 PE3 103 1.00 65.00 65.00 y, t - 07/29/86 PE3 103 5.00 65.00 325.00 t` 97/30/86 PE3 103 4.00 65.00 269.00 08/04/86 PE3 103 3.00 65.00 195.00 " �i -• 08/05/86 PE3 103 5.00 65.00 325.00 ` I00/06/86 PE3 103 1.00 65.00 65.00 08/25/86 PE3 103 4.00 65.00 260.00 a y 08/26/86 PE3 103 4.00 65.00 260.00 08/27/86 PE3 103 2.00 65.00 130.00 -��------------------------------------------------------------ `�• PE REPORTS / CORRESPONDENCE 29.00� A 65.00, 11885.00 ----------------------------------------------------------------------- ' - TOTAL 50 ----------------------------------------------- -------------------- ----7_ "• TOTAL DUE THIS INVOICE 7,617.50 } f --------------- ------------------------------------- --------------------- �. L ., _ :r r �r ;4 i' . r r .. 7.? 9, `' 9000, �0 9 PAY ESTIMATE N0:` CITY OF KENAI Project SOUTH SPRUCE STREET IMPROVEMENTS Contractor DOYLE CONSTRUCTION COMPANY Address Rt. 1, Box 1225 ,Kenai, AK 99611 Phone (907) 776-8552 y "Po - P a . public �;io i• Project No.. Period From to ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE Q1 Original contract amount $275,291.70 O2 Net change by change orders o O3 Adjusted contract amount to date ANALYSIS OF WORK COMPLETED OOriginal contract work completed S Additions from change orders completed �6 materials stored at close of period (D Total •4rnedU4 +OS +O6 - lS7,S��20 /+ °� 7. , ® Loss retainage of W / percent /f.- 7SY � � 0 � � m /Y765,'(� �� ,`7 �`• 9 Total earned less retainago 7 - S / � � .. ®t Less amount of previous paymen / '/� • U 7 '„ �� OI Balance due this payment .z9,i�y.�� ,• L Engineers OceanTech City hip. --[Q Attomq Fin OrMInp1 Tos' = Sueml- ttM YIV =� 1 Coal OK (3No DYa L .(i1 i m Page a of 10 P A Y ESTIMATE N 0: SOUTH SPRUCE STREET IMPROVEMENTS CERTIFICATION OF CONTRACTOR �• According to the best of my knowledge and belief, l cenify that all items and amounts show/. on 1ht face of this Periodic Estimate /or Paetfal Payment are elfrreect that all work has been performed and Im and le l supplied in full accordance with the rtelfliremests of the teleroneed Contract. and'or duly authorixaJ deviations. stsbstttutions. alterations. and/or additions; that the foregoing is a gets* and correct statement of the contract account up to and in eludiof the last day of the period coveted by this Periodic estimore{ that rno pate of the statement Due This Payment has been received. and that the undersigned and his subcontractors have -(check Mp rrselrA e a. (�ad with all the labor provisions of said contract. Is. [Complied with all the labor provisions of said contract except in those instanees where an honest dispute exists with m- apcct to saiJ labor provisions. (if (b) to chocked. describe Nally nature of dispute.) By Doyle CDnstl;tleEIiitY"WhIpany 1t11Rnotur whmtsed Repreeeruateroi Title _ �^ CERTIFICATION OF ARCHITECT OR ENGINEER I erttify that 1 have checked and vrrilied the above and forrpoinc Isvriodic Estimator for Partial Payment; that to the beat of my knowledee and belief it is. a true and correct statcnlual of wurk PvriormeJ And%of matvtial I.uPP11rJ he the contractor; that all a.srk ana vt material includrJ on this. r4-rudiv Fi timate hall been tn•tpecfed by mr an-6 at by my Jut . aufhorereJ representative yr ' a•ti.tant. and gnat a bit► been parlurmeJ rnJ 'w +uPP1ivJ in full r::orJanee wnh requirements is the evermnce contra:t; anJ that partial Prymrnt rl imIt an request by the eontmrtur it currtctly .umpu col aft the basis of w•vk perturmeJ and of masts.rial .urpitad fit zsr. ;i CianrJ A t - OceanTedtr"•t r .rrntt.nwrr) ` PAk-$!AYMENT CERTIFICATION BY FIELD ENGINEER Car•• Ir�r ul hrrtnrnl ♦•gUtrdr 1 Lrtt• ch%•Lv.t the. v,esm.ue ae.tin.r the .anrr.la.r'. s.•hr•Ihlh• of drrs.snit. by cu.11I ter MrrnrMa. the 1101e. roJ nryrta a1 my. _ tmp•:tt..n..41hr1•1.91r161. a111 tht ;•rtf.•.fr. It;.•tt..ul•tulttca t.r test, .tr.hlttcl vesconmr. It 1% my opm-re that the .trtvmrnl at oars. 1•41.•tn4 1 aua .v matt tr.69..u(I.11:s /, r.: utasv. ut.lt the t.•nttrct.v 1% al..rf%Ing she rcyuuvmeota to der conuaa..104 tnaf trot .taletacsur .Moult ev Prat tnv am.wnt evgevloraJ ahatt. T 1 arts:% flat ,s.. wil aua ar 1•,.n. rlri. ut14%r the terittr.t n....•tt o nt.lv.t. j ! > nu• .%"4 tl.,t a ht. hvvu rio for nW.1 an.i .•t of ---1__.—_:---- .n gulla.: vtaarl.e tit tnr rt•yuth•mar .•1 t1.r •.41t N.:. OCeanTecll f ••r rnrmr•rt 1 ear j �..nn..t.nr t'rt.:r• .••.• Devoe L Y' t s4 - 1 V� t, d e r i Y L i +1 i41 } �F 0 - 2 2 ' KENAI PARKS & RECREATION COMMISSION August 19. 1966 Kenai Recreation Center �} Richard Hultberg. Chairman It f { ROLL CALL 41 ' Present: Hultberg, Carlson, McComsey, Siebert, Siekawitch 2. PERSONS SCHEDULED TO BE HEARD i None 3. APPROVAL OF MINUTES of June 30, 1966 Minutes approved as submitted 4. DIRECTOR'S REPORT a. Arco Jesse Owens { Arco Jesse Owens completed - Kayo accompanied group to Los Angeles, i I August 7 - loth. Nearly 150 youngsters competed in Kenai. Winners } from eight regions competed in L.A. The South Alaska region had one 1 :t medal winner with several placing 4th and Sth. b. Summer Programs c The summer programs are just about finished. Most of the summer employees will be terminating in the next week or so. Good crews this summer in all areas. Beautification, ballfields, parks, summer reco f c. Seeding :J---.. Arbastaeeded this year -.airport, proasilanding strip; Old Towne; -; - Chamber of Commences Recreation Centers, areas of the green strip. ;. The City is getting greener all the time. d. Caravans We have already had 4 and 1 or 2 more are scheduled. They were set up -- ° - - --�- this year on the old FAA football fields. This is because of the seeding project by the Chamber. The City has taken care of water supply and trash hauling. 1 e. ARPA State Conference I G.-... i The Alaska Park A Recreation State Conference is being held in , Anchorage on September llth & 12th. Kayo reported he would have a tJ .r-r I' t F PARKS & RECREATON COMISSION August 19, 1986 Page 2 State Board meeting the 10th. He also encouraged commissioners to attend if possible. f. Teen Center Kayo presented the Commission with a copy of the Food Service Inspection Report from the snack bar at the Center. The score was 98. OLD BUSINESS a. Ballfields Softball - Art McComsey reported that volunteers would probably start clearing the area north of Treat Cabinets shortly after the state tournament on August 24th. As much work as possible will be done on the area this year. Kayo presented the Commission some schematics of a proposed area for youth baseball and softball in the area of the old dump site. Again, development of this area is going to depend on volunteer labor and equipment to a degree. NEW BUSINESS a. Memorial Park A new committee has been formed for the purpose of development of a memorial park in the triangle strip in front of the Time Saver. In the Kesprisin Plan it is described as the Eastern Entry Triangle Park and was slated for some type of development as funds permitted. The Memorial Park is named the Leif Hansen Memorial Park and will be funded with $50.000 from the revenue sharing monies. Chairman Hultberg and Commissioner Siebert attended the meeting this date held at noon and reported on the plans to this point. BEAUTIFICATION COMMITTEE REPORT -The Beautification Committee has-been combined in part with the Memorial Park'Committee and the report is above. COMMISSION COMMENTS 8 QUESTIONS None ADJOURNMENT 5. 6. There being no further business, the meeting was adjourned. Janet A. Loper, Planning Specialist Secretary to the Commission i, W-1 P carmen vincent gintoll. architect 130 trading bay road, suite 330 kenai, alaska 99611 907 283.7732 August 27, 1986 ava�98g City of Kenai ;.; am 'Soo .' 210 Fidalgo t••., Kenai, AK 99611 Attention: Keith Kornelis, Director Public Works Department Re: Invoice for Observation Services 81 Automated Flight Service Station 7/10/86 through 8/22/66 CONTRACT AMOUNT: 8 30,000.00 DUE THIS INVOICE: 8 3.213.50 PREVIOUS EARNED: 8 -0- TOTAL EARNED: S 3,913.50 LESS PAYYMTS: 8 -o- wn: 8 3,913.50 ✓ To= YOU :2/3•Y9coo, kop90 N f OR COUNCIL MEETING OF gyp 0 t,uy n.yr. ---V wu�rne/ 1 '4Puwc tiVorks -- -U guy C.Cl2 !'! Or4inal to Sudmftttj Or MU Council OK []Vo 0yet tk-- ! x. . I 1 _ _ Automated r { [E :F A q } � t . _. '. 2'3, y 7000, b'o 90 ,F i ___Y. Flight Service Station Labor & Reimbursabies Summary/Breakdown August 27, 1986 Page 2 of 2 Architectural Carmen V. Gintoli / 30.0 bro. @ $60.00/hr. $ 1,800.00 � Terry Stocker � $ 2,037.50 40.75 hrs. @ $50.00/hr. Beth Duncan / 3.0 hrs. @ 518.00/hr. $ 54.00_ TOTAL ARCHITECTURAL $ 3,891.50 Reimbursabies South Central Air (Freight) 2 @ 511.00 $ 22.00 SUMMARY SHEET TOTAL TBRNK YGOI L L $ 3,891.50 000e $ 22.00 / i I $ 3,913.50 i S, :r 3 i; .Y II t Jot 41410 Ito pA-.Y;....ES.TIMATE NO= 2 CITY OF KENAI Project COOK INLET VIEW DRIVE AND LILAC ROAD Contractor DOYLE CONSTRUCTION COMPANY Address ROUTE 1. Box 1225 KENW, AK 99611 Phone (907) 776-8552 SNP - I? el _ Ps Project No. Period From 7/` 29/86 to 8/24/86 ANALYSIS OF ADJUSTED CONTRACT MOUNT TO DATE bOriginal contract amount $431,696.30 ✓ j O2 Net change by change orders: 26,956.00 ✓ j O3 Adjusted contract amount to date $458,652.30 ANALYSIS OF IrIOR:: COMPLETED QOriginal contract work completed $331,129.30 G5 Additions from change orders completed !_ 25,540.00' � 0 Materials stored at close of period ? 0 Total earnedo+ SO+( - $356,669.304, -.--. Less retainage of 10 percent 35,666.93 ✓ 0 Total earned less retainageO7 -O= 321,002.37 �- :�; 1� Less amount of previous payments 92,829.42 in Balance due this payment 228,172.95 a► rOR COUNCIL MEETING OF s City -Mar. Attome u4Uc works ---U WiLy CMrk eln —� Orlglasl TOJL-�-- Submlttud Oyu-/-=_ CN401 OK 13NO Q10 Ck---+ { 1 August 27, 1966 Jack Lashot 1 ' ; t w o City Fhginee `� , �, �t City 210 Fidalgo eet'' Kenai, Alaska 9611 e� , subject: Cook I tew Drive and Lilac Improvement Project. Periodic Estimate 2 Report Jack: The following is a brief mview of project data, progress summary and problems to date for the subject project: rcoject Data Notice to Proceed: July 16, 1986 Canpletion Time: 120 consecutive calendar days Estimate cutoff date: August 241 1986 Days Used: 40 days ing 80 days y Estimated % CCw#ete Number of Change orders: 78% Change ceder 1 has been approved by the Council and change order 2 is in proccess. consttlaction Summary Excavation of usable/unusable is complete on Lilac and on Cook Inlet View Drive. Back fill. of type, III material. on Cook Inlet. View Drive is complete. Back f ill of type t material for the entire project is complete. Leveling course for the entire project has been placed. All proposed underground utilities have been installed. All cub and gutter has been installed. Problems Ib o tie D2TeF construction permit was not applied for prior to construction. L L 1 . . . r-',? 440. AMC permit was not applied for prior to construction. AMC plan review may add some requirements that have not been anticipated and could result in extra costs. Abandoned sanitary sewer manholes located. on Gook Inlet View Drive were not shown in the correct location on the Drawings. Three manholes actually lie along the riot curb line and will conflict with the cub and gutter* the tops of these manholes were removed, the sewer pipe grouted closed and then filled with type III and compacte& the proposed stoma drain on Lilac Lane at about station 31400 conflicted with an existing water line. A finial decision was made to laver the storm drain to pass under the water line and continue placing the storm drain pipe. A short delay was insured by the contractor while this decision was made. The storm drain outfall was changed by the City due to easement '1 problems. This change has added 1 manhole and has changed the storm I drain pipe lengths. i Additional insulation required over that shown on the Drawings. No � unit pcice for pipe insulation was in the contract. A new unit price has been established by OD 1. Existing water line shown on drawings was incorrect size. I Existing water services were not shown on Drawings. 1� the project inspector has determined which lots are served with City 1 sewer and water and which lots require sewer or water services. the quantities for these items have been clarified in CO 1. the proposed 3/4" water services to 6 plex units have been properly sized to 1-1/20. This change will be included in OD 1. Existing sanitary sewer services on Lilac were in conflict with the storm drain. Conflict wi di gas services running across driveway excavations and througth areas of buried debris. Excavation on Lilac Lane revealed that stumps and loge were buried in the roadway and under driveways. go debris was removed when encountered in the excavations and replaced with type M. L L 1 iV. An existing water main at approximately station 31400 Lilac Lane ruptured under the street late one evening The contractor had to mobilize men and equipment fray Soldotna in order to make the necessary repair. Water service in this area was interupted for about four hours The location of the Illiaana Road rich-cf-way was shown in the wrong location on 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 read perpendicularly along the left side of Gook Inlet View Drive. The location of the strip paging for Illiamna Road will now be maned so that it is directly across the intersection from Lilac Lane, however this will involve more unuseahle excavation and back gill of type III material first. In general, the project has been hampered by numerous underground conflicts and plan changes. Sincerely David J 4a 1, 4 0 1 Al FO -'aIr KENAI PENINSULA BOROUGH , REGULAR ASSEMBLY MEETING MAY 20, 19861 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA - AGENDA - Page No. { A. CALL TO ORDER l { 4 B. PLEDGE OF ALLEGIANCE 1 C. INVOCATION: Rev. Gary Klute, Soldotna Bible Chapel i D. ROLL CALL 1 E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYM.F.MBERS t F. APPROVAL OF MINUTES: Spec. Mtg. Apr. 29, May 6, 1986 1 Approved G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, Fandel, Johnson, Nash) 1 (b) Lands/Resources (Skogstad, Fandel, Johnson, Keene 1 (c) Mullen) 1 Legislative (Dale, Crawford, Moore, Sewall, Skogstad) (d) Local Affairs (Moore, Dale, Skogstad, Walli) 1 (e) Public Works (Sewall, Brown, McGahan, McLane, Mullen, Walli) 2 2 (f) Data Processing (Johnson) H. AGENDA APPROVAL AND CONSENT AGENDA i (a) Res. 86-53 (Amended) "Granting a Utility Easement cross oroug nsha Land Located in Section and Section 21, Towip 6 South, Range 13 West, S.M., Alaska to the City of Homer" (Mayor) 2 (b) Confirmation of James Brickey to Planning Cmsn. I. ORDINANCE HEARINGS (a) Ord. 86-19(Substitute) "Classification of Certain boroughatente an s Under Long Term Leases for Sale and Establishing Provisions Therefore" (Mayor) 3 Enacted (b) Ord. 86-24 "Amending KPB Ordinance 17.04.100 and I.7-6ZLTU-Regarding Public Lands Classification and Selection for the Purpose of Clarification" (Mayor) 5 Pstpnd to 7/1/86 j (c) Ord. 86-30 "Amending the Kenai Peninsula Borough o e o rdinances Chapter 21.78 Bed and Breakfast Uses Within the City of Seward" (Mayor) 5 Enacted (d) Ord. 86-33 "Rezone of Lots 39 6 40, Block 28 rbrFigfnal-Towneite of Seward, Section 10, Township 1 South, Range 1 West, City of Seward from R-1 to R-2 District" (Mayor) 6 Enacted (e) Ord. 86-34 "Adding Emergency Medical Services over to t e Bear Creek Fire Service Area' (Sewall @ Req. BCFSA) 6 Enacted (f) Ord. 86-36 (Amended) "Appropriating $15,190,740 for c oo urposes or Fiscal Year 1986-87" (Mayor) 6 Enacted ; (g) Ord. 86-41 "Amending the KPB Code of Ordinances to Alter t e Boundaries of the Kalifornsky Fire 1 Service Area" (Moore) 7 faiict i L `i a= i i L. M. ,l x P 1 C 'A _ -- --------.._ _ s iF �• .G s' y Page No. INTRODUCTION OF ORDINANCES CONSIDERATION OF RESOLUTIONS (a) Res. 86-69 "Approving the intergovernmental ooperat ve Agreement Between the City of Soldotne 8 Adopted and the Kenai Peninsula Borough (Mayor) P (b) Res. 86-72 "Limiting the Length of the Kenai en nsu a orough Employees Contract (Brown) 11 Defeated PENDING LEGISLATION ich (lateritem timelists note4isnotifor actionithisll emeeting.) at a (a) Ord. 86-8 POSTPONED TO 6/17/86 (b) Ord. 86-25 POSTPONED TO 6/3/86 (c) Ord. 86-27 POSTPONED TO 6/3/86 (d) Ord. 86-37 HEARING 6/3/86 (e) Ord. 86-38 HEARING 6/3/86 (f) Ord. 86-39 HEARING 6/3/86 (g) Ord. 86-40 HEARING 6/3/66 (h) Res. 85-161 POSTPONED Q) Res. 86-27 POSTPONED Res. 86-28 POSTPONED FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (a) Tom Scott, Southern Region Emergency Medical 2 Services Counsel (b) Jim Dunncal Serviceman Kenai Peninsula Emergency 3 Medncil MAYOR'S REPORT (a) Landscape Maintenance Various Schools 1986 - Bid Tabulation OTHER BUSINESS ASSEMBLY AND MAYOR'S COMMENTS Q. PUBLIC CO IN THE AND SPRESENTATIONS UPON MATTERS NOT R. AGENDA INFORMATIONAL MATERIALS AND REPORTS (a) DOT Request for Comment - Summit Lake to Bertha Creek Proj. S. NOTICE OF NEXT MEETING AND ADJOURNMENT (May 22, 1986) C j { I :S Lim A KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MAY 20, 19861 700 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER Pres. Glick called the meeting to order at approximately 7:30 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION: Assemblymember Carey gave the invocation. D. ROLL CALL PRESENT: Assemblymembers Nash, Brown, Walli, Johnson, Mullen, Crawford, Sewall, Moore, Carey, Glick, McGahan, Dale, Skogdstad, McLane, Keene: Mayor Thompson, Atty. Director PubliceWorks Director Hakert,Finance Bor ugh Clerk Brindieyn, ABSENT: Assemblvmember Fandel was granted an excused absence by the body. E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: Spec. Mtg. Apr. 29, May 6, 1986 The minutes were approved as submitted. G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, Fandel, Johnson, Nash) Chairman Crawford said the committee reviewed the Central Peninsula Hospital and South Peninsula Hospital budgets and recommended "do pass" on the budgets. He said the Attorney was working on an amendment to Ord. 86-36 in order that the language would coincide with the school board's recommendation of May 19, 1986 to chargge the a propriation for the local effort from $15,190,742 to $12.031.173. Also amended would be Ord. 85-25 stating any unappropriated or unused funds in the school budget lapse to the general fund The amendment would rovide the funds uld in the unappropriated fund balances because ayo b cau ethey have an ibudget mpacton the formula the State uses for funding for schools this year, effecting this year's and next year's budget. (b) Lands/Resources (Skogstad, Fandel, Johnson, Keene Mullen) Chairman Skogstad in addition to agenda items, the committee discussed Ge alett r to besen ueld t to ethe Cluba id theCommi tee will be drafting in regard to that. (c) Legislative (Dale, Crawford, Moore, Sewall, Skogstad) Chairman Dale said in general the Kenai Peninsula Borough was treated fairly well during this legislative session. He urged people to contact the Governor's Office regarding projects of interest and importance. (d) Local Affairs (Moore, Dale, Skogstad, Waili) Chairman Moore advised the committee had spent its time considering Res. 86-68 and would report upon its consideration. He noted that under Formal Presentations with Prior Notice, the Southern Regional Emergency Medical Services Council study should be reviewed as either the first item of business rbefore ordinance was information contained that couldaf affect items on the L A. z �{ i• i KENAI PENINSCIA BOROUGH REGULAR ASSEMBLY MEETING X.:Y 20, 1986 r (e) Public Works/Education (Sewall, Brown, McGahan, McLane. , Mullen. Walli) Chairman Sewall advised the Committee had addressed agenda items only Committee` ' .f and would report upon their consideration. He noted the { recommended 'do pass" on consent agenda item, Res. 86-53. (f) Data Processing (Johnson) i i Mr. Johnson asked that his report be deferred until after legislative j: time. 4 H. AGENDA APPROVAL AND CONSENT AGENDA t (a) Res. 86.53 (_Amended) "Granting a Utility Easement Across owned in Section and Section 21, j oorougsh aanigocated Township 6 South, Range 13 West, S.M., Alaska to t I the City of Homer" (Mayor)41 - (b) Confirmation of Mr. James Brickey to the Planning ".t Commission Item M. - Tom Scott, Southern Region Emergency Medical Services i Counsels Jim Dunn, Chairman Kenai Peninsula Emergency Medical Service by - Council was moved between Items H. and 1. on a motion Aseemblymember Moore on a vote of 10 Yea, 4 No; -*u naon, McCahan, Dale and Keene voting No. ' Assemblymember Mullen moved that Item Q. - Public Comments be moved prior to the Mayor's Report Item N. The agenda, as amended, was approved by unanimous consent. } is ". M. Formal Presentations with Prior Notice Upon Subjects Not on the Meeting Agenda Mr. Tom Scott presented a study by Dann & Associates on assessment of services on the Kenai Peninsula Borough under emergency medical contract with the Southern Region EMS Council, a non-profit i + i corporation funded by the State. The Council coordinates and promotes the development of improved emergency medical services in 1 southeentral and western Alaska including Copper River Basin, Prince William Sound, Kenai Peninsula Borough, Kodiak, the Aleutians, v Bristol Bay, Yukon Quasquaquim, MatSu Borough and the Municipality of Anchorage. He said the Kenai Peninsula is the last of these areas have or areawide body who looks at coordination 3 that doesn't a person of emergency services. Mr. Scott presented Penny Chmielewski, A.N.. i who was the primary author. i Ms. Chmieleweki said during interviews on the peninsula she concluded level caring by providers and i there was an extremely high of supportive persons. She said she had look at how patients were cared f for and saw three distinct mini -systems, which interface to form a In talking to these caregivers, she concluded j = larger borough system. that the greatest resource that emergency medical services (EMS) has her three jdifferent on the peninsula is the people. The EMS caregivers advised areas that they were concerned about -- communication (people and hardware)I coordinations and medical control. She said is a high level of cooperation here but coordination - planning there would provide better quality services. She said the option that Dann had at after review of EMS services was S Associates arrived recommendation of formation of a borough -wide EMS advisory council. i composed of at least one representative from each ambulance service. a a regional hoapiial ;.� a fire service representative, physician, representative, a communications expert and a borough assembly person. The council would coordinate and problem -solve within the for the council would be _ _(y current system and then the greeter task development and planning for EMS services on the peninsula. — 1i Mr. Sewall asked if the scope of the study included the relationship how effective of southern region EMS and their staffing ppatterns and thev are in assisting operations here. Ms. Chmieleweki said while s Tom Scott has done a good job, it isn't good enough and the peninsula T. ,t .. 1 ell i Li �, KkNAI PENINSULA PORM(Al REUL;LAR ASSEM141 `. more.deserves said it in time the Borough coordinationand not have uo dination happening fromAover Anchorage, Mr. Scott commented said in the operating budget passed by the legislature, there is legislative intent in the EMS grants for $20,000 for the purpose of supporting a Kenai EMS Council. Jim Dunn, Chairman of the Kenai Peninsula Emergency Medical Service Council, noted the Dann 6 Assoc. recommendation of formation of a council. He said the Council's mission statement is "Improved public service through coordination, cooperation and communication. Members of the Council are the 14 EMS providers on the peninsula - the three hospitals, the seven physician sponsors, and the state troopers 911 Dispatch System. He said the physician sponsors were included until such time they form a borough -wide medical board, as recommended by the study. Officers were elected - Jim Dunn, Presidents Susan Hecks of Seldovia, Vice Presidents Greg Shannon of Anchor Point, Treasurers and Gail Sayla(spp?) from Sewardt as Secretary. He noted the next meeting would be held on August 22, 1986 in Soldotna at the hospital from 10 - 4 p.m. He said the Council is available to the Assembly as a resource for formation of a borough -wide council. Areas the Council has identified of concern are insurance, workman's compensation, malpractice, general liability, and the 'Good Samaritan Act effecting volunteers or paid individuals. The second area of concern was disaster planning and incident command training. Training, recruitment, continuing education, and initial emergency medical technician (EMT) certification is also a high priority as small peripheral areas such as the Cooper Landing and small volunteer organizations not tied to the Borough or State are suffering. Service interfacing and mutual aid is a priority. Additionally a borough symposium for EMS training for disaster planning. Lastly, search and rescue coordination and interfacing. I. ORDINANCE. HEARINGS (a) Ord. 86-19 and Substitute "Classification of Certain oroug atente an s Under Long Term Leases for Sale and Establishing Provisions Therefore" (haver) Lands Resources Committee Chairman Skogstad advised the Committee recommended "do pass" on Ord. 86-19 (Subst.) The Committee also " which recommended aucethe dat ofd callenactment. expiration of the ordinance Public hearing was opened and closed as no mar.ber of the public eak. wished to sp ASSEMBLYMEMBER SKOGSTAD MOVED THE. ENACTMENT OF ORD. 86-19 (SUBST.) AND MOVED TO AMEND "ATTACHMENT A", LOT 51 ADD ACREAGE 1.03s STATE ADL / 17221e the et clauseehnson noting raised the Committee oittee felt clarification t e ordinance regarding was de igned sto address specific properties and they didn't want it to be in place to address all properties. At the end of the two years, they felt there should be a comprehensive plan and a design for the rest of the properties that would be equitable, Mr. Nash asked whether or not those lands listed in "Attachment A" are all of the leased lands other than aR lands, etc. which are excluded specifically. MrSkogstad advised as far as administration ascertains right now this is the total List of lands the Borough holds patent to. He said there is approximately 80,000 - 100,000 acres which the Borough has not received patent to from the State. Mr. Nash asked if there was any reason to believe there was any lease Fenner said there cothese acres tould be received by the Borough. Planning Director be some long-term leases among those lands received from the State. Mr. Nash asked why the Committee wanted to prohibit transfers of leases to leaseholders C f. record d at Section t ' me asreferred to in Subsections B., A. -3- V F KENAI PE.NINSI+I.A 3011011GP REGULAR ASSEYHLY MEETING ::#%y tu, . • h Mr. Nash asked why the Committee felt it necessary to provide a sunset clause rather than encouraging the individuals to convert whenever and why the sale was to be made only to people being the record leases at this time. Mr. Skogstad said there was some concern over some leases not havin6 the raw land at this time and it was his interpretation that the current leaseholder" is whoever is the rheperson who sfiles isaleaseholderthe when thisrequest ordinance isand enactednecessarily ,II.. Jkuvun ave rAN t_ LINE 4. ADD/STRIKE, Mr. Brown said the amendment would eliminate the disposal by theotiated lease and borough is a administrat oecial n privilege between thosethe that owner ave subleased the land. Mr. Mullen felt the amendment was not a good one in that it addressed one individual leaseholder who still has the right and option to hold those leases as lease held properties with the State of Alaska with the right of renewal. Mayor Thompson spoke against the amendment stating the person who was leaseholder had built buildings on the lease holdings and subleased eh title tothepr pertyealthough they had invested in the properties. facBrown clarified awhile t that an in ividualhasastate lease swould it would provide they were not competing in a competitive bid situation with other individuals or not in a lottery situation. He repeated that this was a special privilege and the only justification for giving this privilege to these old leaseholders is through demonstration of direct occupation. Mr. Johnson d one of the spoke considerations is that athe toriginal lethe ases amendment. ei ses wereableto be sold and transferred. dd inserts controversy already been det rminationnthatttransfers were appropriate.e there has THE BROh'N AMENDMENT FAILED ON A VOTE OF 14 NO. 1 YES; Brown voting Yes. ASSEMBLYMEMBER NASH PROPOSED AMENDING SECTION 3.. SUBSECTION "C", THIRD LINE, STRIKE "The purchase price shall be the (current year's11 LINE 5 and 6. DELETE (the leaseholder makes full payment or down paent and in which any and) all AENdocuments necessary. NDMENT WAS ADOPTED BY UNANIMOUS CONSENT. ..". THE NASH ME ASEMBLYKEMBER NASH PROPOSED MMENDING SECTION 3., SUBSECTION "B", LINE 81 "nacre of the (current) leaseholder..."i LINE 9, "record STRIKE (and no substitutions, alterations or Changes will be permitted. After completion of the required documents, the purchaser may sell or assign his interest in the property subject to the recording of an assumption agreement in the appropriate recording district and written notification to the Borough.) ADD at the time of application." Mr. Skogstad advised the attorney the original leases were made out in names which in some es are eanot the current leaseholders. The attorney said most of these THE NASH AMENDMENT WAS ADOPTED ON A VOTE OF 13 YES. 2 N01 Johnson and Mullen voting No. ASSEMBLYMEMBER NASH PROPOSED AMENDING SECTION 4.1 SUBSECTION "A"t LINE 2, STRIKE/ADD: 1% the (current] leaseholder of record at the time of a lication. THE NASH AMENDMENT WAS ADOPTED BY A UNARTFRW toS psBsemYblyBEaporoval theSED MayENDor e NG SECTION authorl2 d 1to negotADD iate subs act -4- - ---- k- -- - -- L r': KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING FiAY 2f), 19AI Mr. Dale noted in the past the subject of losses has caused considerable controversy and that maybe it would be better if each were voted on by the assembly. Mr. Nash noted that in light of the requirempnts of section C. setting the standards for sale, he would vote against the amendment. Mr. Sewall said unless there were another section stating grounds for objection, he felt the amendment's provisions could be dangerous. Mr. Crawford said the whole intent of this ordinance was elimination of the necessity of individual ordinances brought before the assembly. Mrs. McGahan concurred with Mr. Crawford's comments, ASSEMBLYMEMRER DALE WITHDREW HIS AMENDMENT. ASSEMBLYMEMB£R CAREY MOVED UNANIMOUS CONSENT FOR ADOPTION OF ORD. 86-19 (SUBSTITUTE). ASSEMBLYMEMBER BROWN OBJECTED. ORDINANCE 86-19 (SUBSTITUTE) WAS ADOPTED ON A VOTE OF 14 YES, 1 NO; Brown voting No. (b) Ord. 86-24 "Amending KPB Ordinance 17,04.100 and IT."d'=Regarding Public Lands Classification and Selection for the Purpose of Clarification" (Mayor) Lands Committee Chairman Skogstad advised the committee recommended "do pass". Public hearing was opened and closed as no member of the public eak wished to sp. ASSEMBLYME14BER SKOGSTAD MOVED ENACTMENT OF ORD. 86-24. ASSEMBLYMEMBER JOHNSON ASKED UNANIMOUS CONSENT. Mr. Nash observed 17.14.010 is the reclassification section; 17.14.100 is generally the section for petitioning for selections of land or to classifv with a selection. He felt if there are stil! lands to be selected, 17.14.010 has no standards and so he proposed a new section 17.14.015. Borough Lands and Petition for Classification or Reclassification; A. A complete statement of the classification or reclassification requested and the use contemplated for that classification or reclassification. He said that would then be used as the standard to be applied to the classification/reclassification section and not confuse classifications/reclassifications of existing land with petitions for selections. Mr. Dale asked Mr. Nash if it wouldn't be better to postpone this matter, allowing Mr. Nash to draft this proposal. Mrs. Walli stated she would like to see a definition of "community organization" and "individual resident of the borough". Mayor Thompson suggested that the ordinance be postponed until the first meeting in July. INSJULY . THERDALEEMOVED TO AMENDMENT WASTPONE APPROVED .BY6-24 UNANIMOUS CONSENTTHE FIRST . (c) Ord. 86-30 "Amending the Kenai Peninsula Borough o e o rdinances Chapter 21.78 Bed and Breakfast Uses Within the City of. Seward" (Mayor) Public hearing was opened and closed as there was no member of the public who wished to speak. ASSEMBLYMEMBER SEWALL MOVED THE ENACTMENT OF ORD. 86-30. Mr. Sewall advised the ordinance was requested by the administration, Seward Planning and Zoning, Borough Planning Commission and city council of the City of Seward and had been approved by those bodies. -5- L - ov, ,- --f - - - --- -- - - . A - �1 97 N KENA1 PENINSULA EnROUGN REGULAP ASSEMBLY MEETING MAY_20, 1986 Mr. Brown said he was going to vote in favor of this ordinance, but he felt it was a mistake and people might have cause to regret it in the future. ASSEMBLYMEMBER MOORE ASKED UNANIMOUS CONSENT FOR ENACTMENT OF OF.D. 86-30. ASSEMBLYMEMBER DALE OBJECTED. ORDINANCE 86-30 WAS ADOPTED ON A VOTE OF 13 YES, 2 N0i Walli and Dale voting No. (d) Ord. 86-33 "Rezone of Lots 39 6 40, Block 28 Original Townsite of Seward, Section 10, Township 1 South, Range 1 West, City of Seward frog► R-1 to R-2 District" (Mayor) Public hearing was opened and closed as no member of the public wished to speak. ASSEMBLYMEMBER SEWALL MOVED ENACTMENT OF ORD. 86-33. Mr. Sewall said this legislation would bring the parcel into conformance with the surrounding land use plan. ASSEMBLYMEMBER SEWALL ASKED UNANIMOUS CONSENT. ORD. 86-33 WAS APPROVED BY UNANIMOUS CONSENT. (a) Ord. 86-34 "Adding Emergency Medical Services over to t e Bear Creek Fire Service Area" (Sewall @ Req. BCFSA) Public hearing was opened and closed as there was no member of the public who wished to speak. ASSEMBLYMEMBER SEWALL MOVED ENACTMENT OF ORD. 86-34. Mr. Sewall advised this enabling ordinance would authorize emergency services which have been provided. ASSEMBLYMEMBER SEWALL MOVED UNANIMOUS CONSENT. ORD. 86-34 WAS ENACTED BY UNANIMOUS CONSENT. (f) Ord. 86-36_(Amend� "Apppropriatingg $15,190.740 for schoolPurposes or fiscal Year 1986-67" (Mayor) Finance Chair Crawford noted the request of KPB School Board to change certain language and the Committee amendment to change dollar figures to a total appropriation of $12,031,173. Public hearing was opened and closed as no member of the public wished to speak. ASSEMBLYMEMBER CRAWFORD MOVED ENACTMENT OF ORD. 86-36 AND PROPOSED A COMMITTEE menddOoDteWCl"SECTION 3af �as� etdelethe folowingwornasioso EXISTING SECTION 3. TO SECTION 4. Mrs. McGahan asked Mr. Barton what would happen if the Assembly were to amend this figure as the school district had received more monies than anticipated. Mr. Barton advised it couldn't be changed and deferred to the borough attorney. Mr. Boedeker said it wouldn't be effective as by law the only basis for allowing the amount is by school district request. Mrs. McGahan asked if it were true the state funding method had change so that if the Assembly did not delete Ord. 85-25, it would effect the funding? Mr. Barton said it would effect the funding from $3 - 6 million, depending on the school -6- L rd 7 KENA1 PENTNSULA BORUL'GII REGULAP ASSEMBLY MEET INS; 14AY 20. _+cb count in October. Mrs. McGahan said while she would vote for the amendment, she strongly urged that Mr. Swarner of the school district set this out as a separate item when presenting the operating budget. Mr. Boedeker explained the foundation formula funding changes that went into effect based the level of foundation funding on the contribution of local share for the previous year contributed to the school district. He said if this money was transferred over - even though not spent - it would be applied for an increase, sort of a bonus payment under the foundation formula. ASSEMBLYMEMBER CAREY ASKED UNANIMOUS CONSENT APPROVAL OF THE CRAWFORD AMENDMENT. THE CRAWFORD AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT. ORD. 86-36, AS AMENDED, WAS ENACTED BY UNANIMOUS CONSENT. (g) Ord. 86-41 "Amending the KPB Code of Ordinances to ITter t e Boundaries of the Kalifornsky Fire Service Area" (Moore) Local Affairs Committee Chairman Moore stated it had been the posture of the Committee to support introduction of the ordinance so that proponents and opponents could be heard. Public hearing was opened. Larr Kitl teson, resident of Kasilof, appeared as a proponent of the measure. e advised a petition had been circulated on April 1, 1986, going door to door from Mile 4 1/2 to Mile 7.75 K Beach Rd.. the portion of the service area within Tustumena Precinct. The petition states the 30 signers believe many of the reaidents were not aware of what was being voted on when the service area was approved. They felt because of the distance between the proposed fire station location and this area they would not be served or protected. He reported Kasilof has a volunteer service being organized that should be operational by the time the KFSA is which would be within a few miles of the Kalifonsky/Tustumena precinct boundary. He reported two residents favored remaining in KFSA, 7-10 houses were vacant, in 3, there was no one home at the time. In answer to questions, Mr. Kittleson stated if a resident was not a voter he would not know who was entitled to vote and believed many were not aware or owned property in the area but were not residents. Frank_ KraxberRer, KFSA board member, stated his sympathy with the 'former spec er but urged the Assembly to vote against the change as a dangerous precedent. Tom Scott, Mile 6.1 K Beach Rd., noted the boundaries of the service area were decided after more than a year of public and Assembly input. Ord. 84-43 establishing boundaries was unanimously approved a full 2 1/2 months prior to the election. The voter turnout borough wide was only 40% but of the 407 within the subject portion of Tustumena Precinct, 8 voted in favor, 1 against approval of the service area. All property north of the Kasilof small boat harbor road is included in the service area which makes a more reasonable boundary than a difficult to define point on the highway. This portion encompasses the only public held properties in the Southwest corner of the service area which will allow a future facility without costly purchase of a lot. He believed if residents were not willing to take the trouble to vote, they should not complain after the fact. To change the boundaries would be to set aside the results of the He felt more important than how democratic process. far a person is from the fire station was how quickly a person makes the call in the event of fire. He reported the KFSA board is working well and will be operational by July 1. He had talked with persons trying to organize the Kasilof facility and had been told interest seemed to be waning. Public hearing was closed. ASSEMBLYME14BER MOORE MOVED THE ENACTMENT OF ORD. 86-41. -7- L L i J �i 1., 1 i� � J .y D A. . i _ f ri .I, t ... (4. t S •f , KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MAY 20, 1986 Mr. Moore stated his support is based on the surprise he felt, after attending many public hearings and being part of much discussion, to find, on election night, that a portion of Tustumena Precinct was He voting on establishment of the fire service area. could under- stand how people living in that area could have been confused as to what the effect of the election would be. Mr. Nash asked if this portion were eliminated and later residents wished to join, how could the size of the service area be enlarged. It was confirmed it would have to go back to the ballot process. He felt the Assembly should not go against the voter approved boundary. Mr. McLane stated there would always be some inequities in the in beginning with a service area and to let people come with requests for changes after the fact was unreasonable. He believed the boundary approved was defined more geographically than the precinct. ASSEMBLYMEMBER WALLI MOVED TO POSTPONE THE ORDINANCE UNTIL NOTIFICA- TION BY CERTIFIED MAIL WAS ACCOMPLISHED TO ALL THE PROPERTY OWNERS IN THE EFFECTED AREA. Mr. Moore recalled last meeting a motion was made to send notifica- tion and it failed. Mr. Nash stated it was a dangerous precedent. Mr. Best stated it would effect certification of the assessment roll. POSTPONEMENT FAILED BY A VOTE OF 4 YES TO it NOt Walli, Brown. Mullen, and Dale voting Yes. Mr. Carey stated 5 hearings were held and many proposals discussed in 14 months of deliberation and he felt, as committee chairman. that the boundaries chosen would give the most people service for the money involved. He felt the service area should be given a year in operation before changes were considered. Mr. Nash stated he owns property in the area near where the station is planned and Mr. McLane stated he lives in the area and there were no objections to their voting on the question. AFTER FURTHER DISCUSSION ORD. 86-41 WAS DEFEATED BY A VOTE OF 7 YES TO 8 NO; Brown, Mullen, Moore, Dale, Skogstad, McLane and Keene voting Yes. J. INTRODUCTION OF ORDINANCES K. CONSIDERATION OF RESOLUTIONS (a) Rea. 86-68 "Approving the Intergovernmental oopL" e—rat—rve Agreement Between the City of Soldotna and the Kenai Peninsula Borough" (Mayor) ASSEMBLYMEMBER MOORE MOVED THE ADOPTION OF RES. 86-68 WITH AN AMENDMENT FROM LAC TO AMEND PARAGRAPH F ON PAGE 5 OF THE AGREEMENT, TO REMOVE LANGUAGE REGARDING CONSOLIDATION AS A CONDITION FOR THE BOROUGH'S RETAINING WHAT IT HAS PUT INTO THE BUILDING. WORDING WOULD 752 BE CHANGED TO "In consideration of the Borough's pledge to pay of the remaining debt service on the Central Fire Station, the City agrees to convey a pro rate share of its title to its Fire Department to tfie Borough for the benefit of the service areas property mentioned in this agreement. If one of the service areas terminates its obligations under this Agreement, it loses any interest it may have in the Fire Department property." Lori Landstrom. Soldotna, supported the resolution as a means of gaming the same or better level of services while paying lees taxes. Mr. Brown asked if there was any question between Ms. Landstrom and the ballot the fire department and if it the agreement were put on for approval in October, would she have any objection to that. Ms. Landstrom stated she is a volunteer with Ridgeway/Sterling Fire and EMS service areas. ( 4� A K -8- { 3 ! s 10 71 1 - . P KENAI PENINSULA BOROUGH REGULAR ASSF11BI.Y MEETIN(, Y+nh Mr. Moore objected to the question regarding placing the matter on a ballot as irrelevant to the matter at hand. Pres. Glick stated she would allow the question. ASSEMBLYMEMBER MOORE MOVED TO OVERRIDE THE CHAIR AND THE MOTION PASSED BY A VOTE OF 8 YES TO 7 NOt Nash, Wnlli. Johnson, Sewall. Glick. McGahan and Keene voting No. Pres. Glick asked if Me. Landstrom wished to answer the question and she replied she had no opinion at that time. Grg Barcla . Chief of the Ridgeway/Sterling Fire Service Area, s ate 1 s a not a consolidation issue but a cooperative agreement to allow persons that have been working toggether in emergency services to maintain a relationship. Since 1982 they have had an intergovernmental cooperative agreement between Soldotna and Ridgewayo since Sterling was added at the last election, the agree- ment was reviewed and it was felt the service areas should begin helping to pay for the fire station being used. There are many accommodations at the Soldotna facility that will not have to be duplicated at future satellite stations. He believed with the LAC amendment it was similar to a Lease -purchase concept. At the end of 8 years the service area would have a prorate share so it is a good investment. Another benefit in the personnel would be transferred to the Borough with the City of Soldotna paying salaries but benefits would be equal among those working together. Money saved with this agreement will enable capital investment in a Sterling facility. In answer to questions he stated there would be a management board consisting of a member of Soldotna City Council, a Ridgeway/Sterling FSA Board member and an EMS board member. Thus far, the service areas have contributed only maintenance and operations money for use of the Soldotna Fire Station. Jim Dunn, Director, Central Peninsula EMS, reported this agreement is t e same as they have operated under for 4 years except for the opportunity to buy into the station itself. He stated the central location is perfect to serve the 14,000 residents of the EMS service area. Overall response time is less than 6 minutes. Payments are to be made 25Z from Soldotna, 25% from Ridgeway/Sterling and 50% from EMS due to the fact that 50% of the space is taken up by the EMS operations and training program. Over 80% of the emergency responses are for EMS. 2/3 of the personnel is also EMS related. He stated at present all three chiefs have administrative responsibi:ities whereas if the agreement is approved, there will be less duplication of services. Chief Phillips will be made the administrative head, Chief Barclav would be in charge of fire suppression activities and his would "be in charge of EMS services but abdicating administrative activities. Al _ P�hillli s, Chief, Soldotna Fire Dept., stated the tranfer of emp oT8 to the Borough payroll will accomplish s reduction in the cost of insurance for the borough as well as city due to coverage required for both inside and outside city responses. A mutual aid agreement does not require the same coverage because it is occasional, not every day use. Under the contract on the effective day of the contract all city employees would be cashed out by the city for all accrued annual leave and retirement benefits transfer- red. The City opted out of Social Security several years ago but has agreed to pay half for their employees. Rich Underkofler, Soldotna City Manager, reported unemployment compensation has not been a problem as firemen like their jobs. He stated the Council is not opposed to a referendum as the proposal will stand scrutiny and represent a savings for everyone concerned. If however it went to a ballot, the proposition should address transfer of fire protection powers to the borough. The employees would be transfered at the same base pay although there are additional benefits to be derived from the move which the city will cover. Frank Kraxber, er, urged the Assembly to vote against the resolution, itating Klogeway and Sterling residents would be paving 75% of the cost of the Soldotna Fire Dept., the rest would be paying 507 for a -9- L L Z� 8 L,:i C , ,• KENAi BokU[1GH REGULAR ASaEMBI.Y M£ETI:JG MAY facility the residents of Soldotna voted in. As a KFSA board member, Kalifonsky for lose money. he suggested EMS share facilities with Gees a Garnett. Soldotna, spoke in favor of the resolution, stating he has medicine in the area he watched the { or the 7 years practiced ggroup grow from a group of unpaid volunteers to a team which cannot I}k f be equalled in an area this size. _ +' Millie FitzGerald Chairperson for the EMS Board, stated after as the best !; i cons erat on o other plane, this contract was selected use of the resources available. In each of the last two ;; efficient years a reduction in mill rate has been possible because of coopera- the resolution. l{ tion with each other. She urged passage of Ken Kepner, EMS Board and pastor of the United Methodist Church in how to the best service o otna, stated the impetus has been provide possible for the least amount of money. He was sure the contract borough - ; represented that and encouraged a positive vote, noting the 'i could withdraw after a year if it wished to. - ! Darlene Wilder, Ridgaway, Member of the EMS Board, stated as an Central Hospital she favored the agreement. She 1 emergency nurse at reported the service provides full paramedic medical service. Diepatch management and coordination is quick and easy to understand the building and accounting is simple. As a with the joint use of school board member she was concerned the schools have adequate the hcfull. All public participatiohases of n development of and pfire lan wereecompletedpwi Robert Fenimore, EMS Board, stated cost and effectiveness was central to the solution the agreement represents. Rand Willis, Soldotna. volunteer with the the Ridgeway/Sterling and employee with EMS. He 0 otna re Depts. and a paramedic engineer reported involvement for 10 years beginning when Ridgeway FSA was Hwy- It was •; approved and land was donated for a station on the Spur when dispatch and equipment decided by the board this was not wise problems were considered. The Soldotna facility was also more enlarged and central to the area. When EMS was added the group was all programs work better with a cohesive team. Alan Bisho Soldotna, appeared as a taxpayer to urge adoption of the of a I , Also ut on stating this is the first step in consolidation of pubic services that cost a great deal, some better than which j multitude others. He had observed the same process in another state e and a tremendous savings in taxpavers resulted better service } money. { i Dick Kra Sterling, noted everything had already been said, and ggto first as a from Sterling anddthensfromrRidgeway, approximatelyi42 persons. Betsy ArbelovakY, resident of Central EMS, stated her support, since last November, he the at at ng s e as attended meetings resolving of details of the agreement and believed it would be successful. 1 # Public hearing was closed. MOVED PTION OF RES. 86-68 WITH THE AAt4ENDMENnT PBER REPAREDC IN LOCAL AFFAIRTHE SDDCMTE ' - - ---' --- ( Mr. !leers read the paragraph F on Page 5 of the agreement that constituted the amendment. ..i .. ---- ---, Ms. Nash asked for verification only service area funds are involved if the contract terminates further down ;u i and it was given. He asked the road what would happen to the transferred employees. Atty. thethe same layoff or bumping stated they would be subject to h As far as the hlegallotitles on behalf the facilityees. e8 as the the Boroughs holds allo the service areas. �. i! � S -10- 1. I _ � 1 T; K£NAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MAY 20, 1986 i 4 Mr. Carey expressed his support for the resolution noting an }i emergency prior to formation of the Central EMS and noted the factor is that service available is "growing together" with important the population. ASSEMBYMEMBER BROWN MOVED TO AMEND SECTION 1 BY ADDING AT THE END, "That this agreement shall be placed before the voters for referendum at the October, 86 ballot. In the event the measure should fail, the contract shall be rescinded effective July 1, 1987." ` Mr. Brown felt the assembly had a moral obligation to place the matter before the voters since there had been objections voiced. ASSEMBLYMEMBER MOVED THE PREVIOUS QUESTION AND IT WAS APPROVED BY A VOTE OF 13 YES, 2 NO; Brown and Walli voting No. THE BROWN AMENDMENT FAILED BY A VOTE OF 3 YES TO 12 NO; Brown, McGahan and Dale voting Yes. ;f ASSEMBLYMEMBER CAREY MOVED THAT DEBATE BE CLOSED AND THE QUESTION BE =t ;, PUT ON THE PENDING QUESTION AND THE MOTION WAS APPROVED BY A VOTE OF i 13 YES, 2 NO; Brown and Keene voting No. '! RES. 86-68 WAS ADOPTED WITH THE AMENDMENT BY A VOTE OF 13 YES TO 2 t - - - NOs Brown and McGahan voting No. ASSEMBLYMEMBER MCGAHAN MOVED TO CONSIDER RES. 86-75 NEXT, REQUESTING U- UNANIMOUS CONSENT. THERE WAS OBJECTION AND VOTE WAS CALLED. MOTION ` FAILED BY A VOTE OF 7 YES TO 8 NOs Nash, Walli, Johnson, Sewall. ' {{ McGahan, Dale and Skogstad voting Yes. Mrs. Walli was excused due to illness. -' (b) Res. 86-72 "Limiting the Length of the Kenai Peninsula -Borough Employee's Contract" (Brown) - ASSEMBLYMEMBER BROWN MOVED THE ADOPTION OF RES. 86-72. MOTION FAILED BY A VOTE OF 1 YES TO 13 NO; Brown voting Yes. ASSEMBLYMEMBER CAREY MOVED TO SUSPEND THE RULES TO MOVE RES. 86-77 FORWARD AND THE MOTION FAILED: 9 YES TO 5 NO (2/3 vote required); A Johnson, Crawford, McGahan, Dale and Keene voting No. Pres. Glick, noting the nearness of the midnight deadline. stated she would allow persona present to be heard on resolutions who wished to speak tonight to do so but would call a special meeting for Thursday y• evening, May 22 for continuation of this agenda. Persons waiting to speak indicated they would prefer to wait until subjects of interest :j were before the body. . Pres. Glick then called a 10 minute recess during which the midnight t y deadline cancelled further legislative action. 4J f -A L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted; not for action this meeting.) (a) Ord. 86-8 POSTPONED TO 6/17/86 ( (b) Ord. 86-25 POSTPONED TO 6/3/86 _ (c) Ord. 86-27 POSTPONED TO 6/3/86 _ (d) Ord. 86-37 HEARING 6/3/86 S (e) Ord. 86-38 HEARING 6/3/86 (f) Ord. 86-39 HEARING 613/86 Ord. 86-40 NEARING 6/3/86 Res. 85-161 POSTPONED ... (i) Res. 86.27 POSTPONED --—�;-------_ (j) Res. 86-28 POSTPONED M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE {{ ' MEETING AGENDA tn1 Tnm Scott. Southern Reaion Emergency Medical Services L i a k .y • v. ipt KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MAY 20, 1986 (b) Jim Dunn. Chairman Kenai Peninsula Emergency Medical Service Council N. MAYOR'S REPORT (a) Landscape Maintenance various Schools 1986 - Bid Tabulation (b) Litter Pickup Maor litter hroughoutsonttheatedP nin Peninsula with usewood rof aill be used school van, to pick up next Wednesday and contract fore the assemblydonaJune 3nd will be voted on sale by postcard regarding theirt. has been esocial notify security the land 0. OTHER BUSINESS P. ASSEMBLY AND MAYOR'S COMMENTS !!r. Brown gave notice of reconsideration of Ord. 86-24 at the next meeting. Mr. Skogstad reported Ord. 86-24 was postponed until the first meeting in July. Mr. Brown commented he would be drafting an ordinance establishing bidding procedures which will be applicable to all individuals in a uniform manner. Mr. Johnson objected to a notation of "absent" rather than "excused" in the minutes of the April 22 meeting when he had a service area board meeting conflict. He noted Alaska Airlines employees voted to take 20% cut in wages in order to keep the company going. He come the Dallas more positive outlook is reasonable, ented oil prices are beginning to back and a Mr. Johnson reported the Data Processing Steering Cmte. has decided to drop some of the costly maintenance contracts on terminals and purchase backup equipment if necessary, making an effort towards self maintenance. At the June 11 meeting they will be discussing the differential tax further. Mr. Mullen stated he would not be able to attend the May 22 meeting. Mr. Crawford r wsconsent. orequested re were ob jections. absence or Mr. Johnson and asked una Mr. Crawford reported the Finance Comte. recommended passage of Res. 86-77, for broadcasting of Assembly meetings. He stated he would be attending another meeting May 22. Mr. Sewall referred to City of Seward Res. 86-34 and attachments which he had provided, askin members to bring it with them Thursday evening as germane to Rea. 86-76. He reported having stressed to the City the importance of setting a price at less than fair market valundicates knoweifwhecwouldybe able but t attendiThursday dueot otherwise. ijob constraints. He asked Pres. Glick to find a replacement for him on the Policies and Procedures Committee. Mr. Moore thanked supporters of the cooperative agreement as a step ahead in reducing administrative costs. Mr. Carey noted the school district will receive more state fundingg than anticipated. He reported for Stuupdents in Government Day, SHS students thanked theadministrationEor their cooperation.artment heads at Borough Mr. Dale reported the Kenai Advisory Board wrapped up its meetings 3 weeks ago and are rewriting the management plant it will be a large project for the Assembly to work on next year. He favored the step taken with the service area agreement but felt it should have been made by the administration or assembly. -12- L A i I I l r �; KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING FAY 20, 1986 i; Mrs. McGahan asked if there was any action planned for proceeding with the Sports Lake Road improvement. She asked if the Policies and and Pres. Click stated it a Procedures Cmte. was a temporary committee was a standing committee which was actually formed to cnnaider updating of the Code and implementing of Title 29. 1 Mayor Thompson recalled the Assembly requested two new appraisals which were obtained but the Lancashires would not accept the value in ..� i the appraisals. He still hopes the state will allow paving up to the point of the curve which may be taken when the Kenai Spur is widened. Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA (Item moved to follow { Resolutions) 4 _ Je•k Polster, Homer, stated he had heard persons purchasing lottery C.c Pts or the Borough land sale were required to give their Social s! i Security numbers. He read a portion of U.S. Code No. 5, which states jr 1t any governmental entity requesting an individual's Social Security by number must inform him as to whether it is mandatory or voluntary, ? which authority it is solicited and uses will be made of it. He t h 1 asked under what authority the number was requested on the lottery applications. Mayor Thompson reported it is customary to use the numbers on the land sale applications to facilitate the lottery but in previous sales it has been stated on the form the applicant did net have to comply with the request. This time that was inadvertently left off. Mr. Polster reminded him on the last day of the sale and signs were placed at each of the sale locations that the numbers would not be ' required. The veteran's preference exemption is only usable once and the numbers are useful in keeping track. Mr. Polster hoped the Borough would notify those who have supplied their numbers they have the opportunity to rescind and that a policy would be established in conformity to federal law. Mr. Thompson stated a public announcement would be made to that effect. The policy has been established and no one objecting has ever been } — required to provide it. Mr. Johnson reported the question has come up before on other matters and he has federal forms that don't include the disclaimer: the point . is that services cannot be denied because the number in not provided. j Jack Brown, Nikiski, stated on behalf of the North Peninsula Chamber o osrtserce he would urge passage of Res. 86-77 on Thursday evening Nikiski High School. He believed the • authorizing contracts for the importance to the children has been emphasized as well as to the community. Onis King, Nikiski, urged support of Res. 86-77. Marie Becker, Nikiski, urged support of the Nikiski High School. Marilyn Dimmick, Ninilchik, complimented the Assembly on a "landmark" area vote to Keep services up and costs down with the service agreement. ASSEMBLYMEMBER McLANE MOVED TO ADJOURN THE MEETING. ,r Mr. McLane stated in light of the special meeting to finish the aggenda on Thursday evening, other remaining items could be taken care _._.:u_...._.:_.._.....___ of at that time. MOTION WAS DEFEATED BY A VOTE OF 5 YES 8 NO1 Mullen, Crawford, Carey, h Dale and McLane voting Yes. f: �. R. INFORMATIONAL MATERIALS AND REPORTS (a) DOT Request for Comment - Summit Lake to Bertha Creek Proj. for reports from other committee meetings and Mr. :he Central Hospital Long Range Planning Committee -13- L r W KENAI PENINSULA BOROUGH REGULKR ASSEMBLY MEETING MAY 20, 1986 will have an all day meeting on June 7 to formulate the final plan after which recommendations will be sent to the service area board and Assembly. Pres. Glick reported while in Juneau during the legislative session she heard high praise for Rep. Mike Navarre's representation of the Borough, throughout the city. Pree. Glick stated the NACo meeting is coming up in July and anyone interested in attending should contact her. S. NOTICE OF NEXT MEETING AND ADJOURNMENT Pree. Glick stated the Assembly will meet on Thursday, May 22 at 6 p.m. for a Budget Worksession and at 7s30 p.m. for a continuation of the May 20 agenda, Date approved July 22, 1986 ATTEST: Betty iAdSeMblY President orougF'i:i er c ,, -14- L 7 Ail JI, L _.NFO -ab KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MAY 22, 1986, 700 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA - AGENDA - Page No. A. CALL TO ORDER 1 B. PLEDGE OF ALLEGIANCE 1 C. INVOCATIONi Assemblymember McGahan D. ROLL CALL 1 E. CONSIDERATION OF RESOLUTIONS (a) Res. 86-74 "Authorizing the Mayor of the Kenai 1 en nsu a borough to Proceed with the Contracts Adopted for the Architectural, Project Management Services and Construction of the 1985 School Bond Project, Central Peninsula High School" (Mayor) (b) Res. 86-75 "Authorizing the Mayor of the Kenai 3 en nsu a Borough to Proceed with the Contracts Adopted for the Architectural and Project Management Services and Construction of the 1985 School Bond Project, Nikiski High School" (Mayor) (c) Res. 86-76 "Approving the Purchase of City of 9 ewer and for Use by the Kenai Peninsula Borough Adopted School District as a School Site" (Mayor) (d) Res. 86-77 "Providing for Broadcasting of 9 egu ar and Special Assembly Meetings and Awarding Adopted Contracts to Radio Stations KSRM, KGTL, and KRXA for Fiscal Year 1986-87 to Provide Broadcasting" (Mayor) (e) Res. 86-66 "Adopting a Policy of Centralization of 9 U179-posal of Special Wastes Within the Borough" Adopted (Mayor) MOTION TO RECONSIDER/MC LANE L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noteds not for action this meeting.) (a) Ord. 86-8 POSTPONED TO 6/17/86 (b) Ord. 86-25 POSTPONED TO 6/3/86 (c) Ord. 86-27 POSTPONED TO 6/3/86 (d) Ord. 86-37 HEARING 6/3/86 (e) Ord. 86-38 HEARING 6/3/86 (f) Ord. 86-39 HEARING 6/3/86 (gg) Ord. 86-40 HEARING 6/3/86 (h) Res. 85-161 POSTPONED (i) Res. 86-27 POSTPONED (j1 Res. 86-28 POSTPONED M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA N. MAYOR'S REPORT 0. OTHER BUSINESS P. ASSEMBLY AND MAYOR'S COMMENTS Q. PUBLIC NED COMMENIN TS AASSEMBLPUBLIC SPRESENTATIONS UPON MATTERS NOT CONTAI'AGENDA R. INFORMATIONAL MATERIALS AND REPORTS (a) DOT Request for Comment - Summit Lake to Bertha Creek Proj. S. NOTICE OF NEXT MEETING AND ADJOURNMENT (May 22. 1986) L t 1 � KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING 14AY 22, 19861 7t30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER V B. PLEDGE OF ALLEGIANCF C. INVOCATION: Assembly Member McGahan A D. ROLL CALL PRESENT- Assemblymembers Nash, Brown, Johnson, Mullen, Moore, Carey, • cGahan, Dale Keene: Mayor Glick, M ' Skogstad, McLane, Thompson, Atty. Boedeker, Finance Director Barton, Public Works Director Hakert, Dpty. Borough Clerk DeLacee EXCUSED: Assemblvmembers Walli, Crawford, Sewall and Fandel +1 E. CONSIDERATION OF RESOLUTIONS (a) Res. 86-74 "Authorizing the Mayor of the Kenai P en 0 _Tn9u a Borough to Proceed with the Contracts for the Architectural, Project Management Services and Construction of the 1985 School Bond Project, Central Peninsula High School" (Mayor) The meeting was opened for public comment. Frank ArbelovsU, North Kenai, recommended the Assembly postpone the bidsr- or stagger he bid award and construction due to problems encountered on the two high school bid openings. He felt specifica- tions were not complete indicated by 6 addendums, one issued the day of the bid opening and opening was postponed to Monday. He reported c as from an electrical standpoint the hl,3neare totally lioldplated evidenced by 980,000 telephone sv stpms for each school. He noted other lighting specifications 'and motorized drapes indicating yy extravagance in engineering. He stated in 19 years bidding on the Peninsula this bid package is the worst he has seen. The bid process instead the Borough should be self explanatory to every contractor: er as to whether attorney i a required to make on the spot judgements each bid let the criteria. He suggested a removable sheet be included in every bid document listing the contractor's name, any other pertinent ii licenses, addendum acknowledgements and information. This would be attached to the bid envelo a and if all requirements are not met the bid would be set aside as Mr. Hakert has done in the past. Recent involvement by the Borough Attorney in bid rocedure. He stated making judgements has caused a chaotic items such as 50-60 poles to light the road 4or. the school to the North Road is excessive and unfair to the taxpayers. Dick Boysen. Soldotna, provided a letter to administration and C tv sewer being brought out to the Central High School addresse3 location without due process. It was not part of the contract and in bid award. He urged considers- should not be A consideration the tion of the contract documents only in making the award. Basics like water and sewer should be considered first and amenities added later. He recommended award of contract to Unit Co. VanNikiski. stated tnted his appreciation forthe Assembly's t an on the issues. He spoke to the need for TY0, rime spent offer the establishment of bid Procedures as requisite to, progress of ected the are negl Borough. He stated if any of the bid requirements bid should be set aside. There should be no need of the attorney's presence at bid openings. it is not reasonable for the Assembly to decisions which could be handled through consistent ave to make procedures. 7 c. L KENAI PENINSULA BOROUGH CONTINUED MEETING OF ASSEMBLY MAY 22 1986 Jerly Ho11 , Mile 12 Funny River Rd., stated getting the sewer from 0 o na to the school across the topography and land variously owned will be a comprehensive project. He stated the alternates were well within the engineer's estimates, were competitive and he could see no reason to delete any of them. When a contractor works out a bid he sees it as a total package and documents state the Borough will award if the funds are available. He felt Alt. 5 to expand septic field was critical with soil conditions that exist until such time as the sewer system is built. If the sewer is installed earlier than expected, /5 could be deducted. Marshall Cutting, Anchorage, stated if funds are available, the contract sou a awarded to the low responsive bid. The disparity in bids on the alternates may be due to the fact the base bid is considered most critical and with manv subcontractor bids coming in the afternoon of the bidding, it is difficult to carefully analyze each item of each alternate. The issue is who is the low responsive bidder in aggregate. Rich Underkofler, Soldotna City Manager, stated he is present at the request of .r. Beat to explain potential sewer plans and provided copies of a schematic sewer plan. The city has a grant to pay for sewer and water extensions within the Salamatof property and build a 1 million gallon storage tank on the top of the hill, adjacent to the school property and sewer extension south of the tank as indicated. He stated it is not to the school site but is close. After discussions with borough and school administration, it was decided the well and septic systems should be included in the bid until it was known if the grant would be approved. I£ the grant goes through negotiations could be held with the contractor to delete the septic system although it would be best to keep the well. He reported the Salamatof property would be annexed to the City to facilitate pro- vision of water and sewer. The system would be ready to use in the fall of 1987. Tom Patmor, Clam Gulch, urged approval of the contract and make sure the same guidelines are used in each project. Bob Mueller, Soldotna, stated for another $20,000 the capacity of the sep c system could be increased to provide for another 400 students. He referred tof this alo the $35,000 difference in bids for tternate if the low base bidder were chosen recommend- ing deletion . Public hearing was closed. and Mrecommendedrted the Public Works Cmte. Atgasuk/M ade River with Alt. 1 d the and 4 sheets and totalling S20,610,500. ASSEMBLYMEMBER CAREY MOVED THE ADOPTION OF RES. 86-74 WITH A CORRECTION TO THE 29D WHEREAS TO CHANGE "May 15" TO "May 19" AND IN SECTION INSERT "Unit Co./Fluor" IN THE AMOUNT OF 520,694,000 AND IN SECTION 2 INSERT 11522, 380--. Mr. Carev stated he was basing his decision both on the low lump -sum bidder and the local hire aspect. By hiring an outside firm. additional children will be added to overcrowded schools along with outside construction workers. Mrs. McGahan supported the motion stating with all alternates considered Unit Co./Fluor was the low bidder. Mr. Keene was concerned that off Peninsula contractors would stop bidding if preference seemed to be given to local contractors through deletion of alternates. This would result in less competitive bids. ASSEMBLYMEMBER JOHNSON MOVED TO AMEND SECTION 1 TO READ "1. 2. 3. 4 and 5 AND CORRFCTION OF TYPO IN SECTION 6. MR. CAREY ACCEPTED THIS AS A FRIENDLY AMENDMENT TO HIS MOTION. - 2 - In W I I f 'f l 'i iS X KENAI PENINSULA BOROUGH CONTINUFh MEETING OF ASSEMBLY, MAY 22 1986 Mr. Nash stated it ie important to establish that the bid is competitive first, then to encourage the contractor to hire locally. Mr. Dale believed the bide should be awarded on the basis of what is actually needed as apparently the School Board did in recommending only Alternates 1, 2 and 4 be awarded as is consistent and prudent. ASSEMBLYMEMBER DALE MOVED TO AMEND TO APPROVE BASE BID AND ALTERNATES h2 AND 4 WITH AWARD TO ATQASUK/MEADE RIVER IN THE AMOUNT OF 0,610,500. Mr. McLane noted discussion of the alternates involves No. 5 for expansion of the septic field and realizing if the municipal system comes it is preferable, asked what the capabilities are of the septic system in the base bid. Ron Rezak, Project Mgr. for M/K, reported it is designed for 600 students for 8 to 10 years. He agreed it would be preferable to connect to the municipal system when it became available. In answer to other questions, Mr. Rozak stated the swimming pool was designed to drain into the septic system during the summer when the student population was very low. The cost to hook up to the sewer system when it becomes available would be $250-350,000. This would be more costly up front but would provide a long term solution to a problem which becomes increasingly difficult situation to maintain with DEC concerns for groundwater contamination. Mrs. McGahan asked if it was M/K's responsibility to see that projects adhered to the assembly's direction that the schools be practical and without frills, noting comments concerning electrical specifications. He reported he does not design projects but sees that certain items the owner wants included in projects, are; such as the street lighting for the Nikiski school in response to a problem in Homer. Certain items such as the motorized drapes are part of the program design. The drawings are prepared by arch.tects and engineers and the project manager reviews them prior to bid. Mr. McLane stated his firm did the geotechnical investigation on this project prior to his being elected to the Assembly. although he did not feel there was any conflict. VOTE WAS CALLED AND THE DALE AMENDMENT FAILED BY A VOTE OF 3 YES TO 9 NO; Mullen, Dale and Skogstad voting Yes. VOTE WAS CALLED ON THE MOTION TO ADOPT AND IT PASSED BY A VOTE OF 11 YES TO 1 NO; Glick voting No. Pres. Glick called a 12 minute recess. (b) Res. 86-75 "Authorizing the Mayor of the Kenai en nsu a orough to Proceed with the Contracts for the Architectural and Project Management Services and Construction of the 1985 School Bond Project, Nikiski High School" (Mayor) Edward J. Warner, Soldotna, reported having heard the apparent low er m g not be awarded the bid due to some seeming informalities in preparation of the bid. He did not feel the difference of $1 million was justified under the circumstances and ensuing litigation could be costly. Ruth Johnson, Nikiski, appreciated the assembly's process is good in allowing puplic input and urged award of the bid and construction of the school. Phil Thin stad, Palmer, stated his concern for the bidding process. We—Va-11evedsome of the bide were not responsive; in the past, bids which were in question were not even read. He stated the Borough has the responsibility to set forth a practice of reliability and integqrity even though it costs. In this case it would mean going to the 3rd lowest bidder. ; .. _ - 3 - I I t i i t - F c . t. ..j KFNAI PENINSULA BOROUGH CONTINUED MEETING OF ASSEMBLY MAY 22, 1986 Frank Arbelovsk , Nikiski, asked the borough to go back to previous elementary schools b-idproce urea w en the two ols are bid next week. He requested the integrity of the borough be restored through award of the Nikiski High School project to Unit Co. He was asked if in his opinion all the bids should be thrown out and begun again and he stated to start over would be disastrous, He was hopeful future bide woulpasta only remainone pened if the subcontractor iwasocuments listed fore not correct. each portion of the general contract and if there were more, it should be as surely non responsive as to list none. Leer Van bidding dingkprocess; he supported stressed award o m the acontr contract integrity in 3rd bidder. David Anderson, of Anchors ge and Portland, introduced himself as the nderson CO., stating they have built Fred genera contractor, H. A. A Meyer stores and theaters in Alaska. He felt there was misunder- standingi the bidding instructions are found in the Specifications; specifications vary from job to job. The specifications for the Nikiski school asked that subcontractors be listed. In response to questions, he stated they pan to use the labor force built up in other projects, many of who live in Kenai. The company has built some state buildings in Oregon, but this is the first school. The structurewood is s o subcontractorswere submitted for the buildings electrihave built. caland mechanical because of their importance and being unfamiliar with the companies or how they would work in Alaska. David nAnchorage. selected disuperintendent A. )Rwerson Co, believedthelowestbdder wasthe finestcontractr. BFtoLn stated he had worked for H. Anderson A. foundFox, tbe areputable company witharecord of hiring local workers. Gary Stevens, Anchorage, stated he is a vice president of an Alaskan contractor, who has supplied construction materials to H. A. Anderson for over 25 years. They are the prime contractor for all the Thunderbird/Red Lion hotels and motels in the U.S. with over $500 million worth of construction. They take pride in quality work and local hire. In response to Mr. Nash's question regarding school building experience, Mr. Stevens advised H.A. Anderson has build federal and state buildings which wouldn't be unlike school construction. He felt employing more personnel to oversee bid quotes answerwas not the e nature bidding subcontractors are taken in theverylast fewmin t minutes. QHeesaidoa prudent contractor will not use a subcontractor unless he has a written verification of his quotes. Co. and Found fiat they treat advt eir help well andsed hold worked would Anderson, r, would hire alotOf local help. w.C, Novier Anchorage, is the chief estimator for Ready Electric who was - ne oit the two bidders listed for electrical subcontracting. Regarding allegations of "bid shopping" by listing two subcontractora, Mr. Novier ppsaid he appeared to unequivocally statno case had e in N.A. Anderson. Co. as a bid shopping procedure be Theyen pfeltroac the hed reason they were listed was they had previously worked with them successfully. He felt H.A. Anderson was not incorrect in listing two subcontractors but instead were trying to do a good job. He said he'd also worked with Unit Fluor and had the same thing happened to them, he'd have appeared to sav the same thing for them. Termer Jobnaon Anchorage, appeared in support of H.A. Anderson, Co. an�ETieeir" afarce that they had not bid shopped bide. Mr. Johnson is an estimator for Frontier Construction Co. who had bid on site work. He said prior to the bid and subsequently, Frontier Construction was not "shopped" by N.A. Anderson, Co. 4 - W, 7 . F ff .s L KENAI PENINSULA BOROUGH CONTINUED MEETING W ASSEMBL-i MAY 22 1986 Marshall Cutting' Anchorage, stated the issue at this meeting was not theT'integrity or H.A. Anderson, Co, but the. Borough bid process. He cited his experience since 1978 with the Borough bid pprocess in which any irregularities were reason to not accept a bid. kte felt the past few weeks' bide were out of line in that irregularities in bids were not declared nonresponsive, but accepted. Specifically, he talked of the Nikiski Elementary School/Kenai Elementary School bids of which forty-one were submitted. Of these, fourteen were nonresponsive bids with missing bid bonds, no business license, no qualification statement which were opened and read which he felt was a travesty. He said at the pre -bid conference, Public 'corks Director Hakert advised the contractors that if after the bid the contractor could prove to the Assembly that there is a problem with a subcontractor listed -- not bondable, not qualified, or whatever, they would be allowed to change a subcontractor. Therefore, he felt if all of the contractors at the pre -bid conference were aware of this, H.A. Anderson, Co.'s stance that they weren't familiar with the one subcontractor so listed two including one who they'd worked with was not valid. He strongly urged the Borough to get back to the bid procedures as written. He stated that schools are not easy to build and not similar to other types of building construction. He urged the Assembly to deem Anderson's bid as nonresponsive and award the contract to the lowest responsive bidder. Jerry Holley, said he felt the issue was certainly the bidding requirements demanded by the Borough. He said with all the jobs he had bid at the Borough, it was his prime responsibility to interpret the documents from cover -to -cover. He said the clearest portion of these bid documents are the first couple pages requiring the specific items to be supplied in order to bid the project, John Ahlers Anchorage attorney, advised his firm has represented Andd found them to be an exceptional ecompany� He commented on ssuesccasions nspecifically relating to the bid. He said during the pre -bid phase, documents provided the general contractor could list naves of subcontractor(s) clearly not a prohibition on listing more than one name. Listing of these subcontractors does not reflect a contractual agreement with the company. He said after submission of Anderson's bid, it was openinvitati n for bid to he letter r. with not irregularitiesfollowsatutes, if one thebid is then the subcontractor (a)onisvd in the plural and Anderson since eresponded paragraph listing subcontractors, they were responsive. He advised the Assembly has discretionary powers to waive minor irregularities and he. sugggested if it were found an irregularity did take place, it certainly didn't warrant throwing out the low responsive bid. Tom Patmor Clam Gulch, urged the Assembly to take advantage of the act that t e bonding is approved by the voters and that the State is willing to fund such a high percentage of the total cost of the projects. He said he didn't challenge the integrity of Anderson, but firms bidding in the state should be familiar with the procedures. He said a subcontractor is liable to file a lawsuit which can be as damaging to a completion date as a prime contractor so listing of two increases the chance of lawsuit. Blake Johnson said it seemed to him that all the other contractors understood at only one sub was to be 'listed, so he didn't understand why H.A. Anderson, Co. didn't and felt their bid should have been thrown out as non -responsive. ASSEMBLYMEMBER MC GAHAN MOVED ADOPTION OF RES. A6-75. ASSEMBLYMEHBER MC GANAN MOVED TO AMEND SECTION 1., LINE 2 AND 3, STRIKE/ADDi "award of contract to (H.A. Anderson Construction Com co pnetruct ono o F.1unr in the }i a amount of (520,800.0001 S21,700,000 for - 5 - L J -- d S I i p .' KENAI PENINSULA BOROUGH CONTINUED MEETING OF ASSEMBLY MAY 22 1986 "arBT LINE 2 AND 3 TO ORIGINAL LANGUAGE AS SUBMITTED, "award dofcontract to H A.der on Construction Company in the amount of $20.800.000 for construction of Nikiski High School," Mr. Moore felt while all the arguments stated were valid, in point the irregularity was a minor technicality. By the Assembly not waiving the minor technicality, the cost to the Borough taxpayers would be $900.000 by awarding to the next lowest bidder. He pointed out item 7. (c) in the bid documents states, bids which are incomplete, conditioned in anyway, or which contain items not called for in the bids may be rejected as nonresponsive.' item 11(a) states, 'The owner reserves the right to reject any or all bids and to waive any irregularities.' Item 12 states, 'All bidders are required to furnish with the bid copies of the current valid contractor's license, an Alaska business license. Failure to submit all required documents is a valid basis for rejection of the contractor's bid.' Section 14A, 'The general contractor shall list the names of the masonry, roofing, flooring, of painting, mechanical and electrical Ibtractors on the contractor intends to dothe anybw bid envelope in any of these containing the bid. fthecategories. he shall list himself. Bids that fail to provide the list, will be deemed nonresponsive and will he returned unopened.' Mr. Moore said this is criteria to throw a bid out, but per his understanding the bid under discussion did not fit that category os any other categories mentioned above. He felt although there was a minor irregularityy, he didn't feel it serious enough to penalize the taxpayers $900,000. ATHATMHI RS EMARKS BEEAPPL WITHDREW TOIS THEMCNGAHAN AMENDMENT- MENT AS OUT OF Mr. AND ASKED Mr. Dale asked Public Works Director Hakert if he had ever seen a situation psior to the Anderson bid where more than one subcontractor was listed. Mr, Hakert said he had not. Mr. Dale asked what the total difference - high and low - was between the two bids by the listed subcontractors. Mr. Hakert said he is not privileged to know that information. Mr. Dale said he felt this figure important and would be useful in addressing this legislation. Mr. Hakert said subcontractorsofile thehe didn't know the difference. he had who had not been listed aonconversation any rtofthe bids who indicated one of the electrical subcontractors was the a arent low bidder and the other electrical bidder was substantially higher. Mr. Dale expressed support for the McGahan amendment as he also didn't think the irregularity was minor. He felt Anderson's interpretation of the language. listing more than one subcontractor in some areas, was the least plausible. Mr. Johnson said he had a real problem with the section as ambigious with interpretation up to the discretion of the reader. He was of the opinion that the printed document takes precedence over verbal communication. He felt the bids of subcontractors shouldn't be considered as the general contractor makes a lump sum bid. He voiced opposition to the McGahan amendment. Mr. McLane said the language quoted by Mr. Moore says specifically what deems a non -responsive bid - non -submittal of the list.. not listing two subcontractors. Mr. Carey said in considering the term "honest mistake" or "minor irregularity" both "honest" and "minor" were adjectives modifying irregularity it, should be calledHe felt when that and dealthere is a with as such stake or Mr. Mullen said he felt the bid instructions were clear in their intent to allow the owner to waive irregularities and he felt these questions of semantics were not in the right direction. He felt the rigght thing to do was to vote against the McGahan amendment and save S900,000. r 't L KENAI PENINSULA BOROUGH CONTINUED MEETING OF ASSEMBLY MAY 22 1986 Mr. Nash asked how many of these irregularities exist with this particular bid. Mr. Hakert responded on the Anderson bid the irregularity is the listing of two subcontractors in two different categories. On the Grizzly bid, he said there is an irregularity in the failure to submit a copy of the contractor's license, although he did list hie contractor's license number on the bid form which to his beat knowledge were the only irregularities. Mr. Nash voiced the opinion that it is extremely important the Borough maintain integrity on the bidding process but also extremely important that the price of these terribly expensive schools be kept as low as possible. Mr. Nash asked if there had ever been a situation on contracts where the lowest bidder omitted a copy of the license. Mr. Boedeker said he believed there e dthatsituation, ebiularit,,was waivedbecause he didhave a validnumber on the Mr. Brown pointed out Section 14(a) of the Bidder Qualifications reads, 'The general contractor shall list the names of the masonry. roofing, flooring, painting, mechanical and electrical subcontractors on the back of the bid envelope in submitting the bid. If the contractor intends to do the work in any of the categories, he shall list himself. Bids that fail to provide the list will be deemed nonresponsive and will be roturned unopened.' He continued that there are several sections in the bidder qualification which uses "may", but this section uses "shall". ASSEMBLYMEMBER MC GAHAN MADE A TECHNICAL CORRECTION TO HER AMENDMENT IN SECTION 1: THE BIDS OF H.A. ANDERSON CONSTRUCTION CO. AND GRIZZLY CONSTRUCTION ARE REJECTED AS NON -RESPONSIVE. Mrs. McGahan said while it was very important to save money, she felt it was very, very important to follow the proper bidding procedures. She stated this irregularity situation had happened before and she read from the attorney s memo, The question of whether a requirement is waivable or not goes to the materiality of the requirement. She continued with a case example from the memo where the bid listed alternate subcontractors for a single category of work and was rejected as non -responsive to the subcontractor listing requirement. She further quoted, "It is, therefore, a material requirement pertaining to bid responsiveness." She said it was really hard for her to make an amendment on anything that raises a price, but the Assembly has to come to a point of when do we stop, what is the requirement and when do we stop. Mr. Skogstad said he'd originally felt the $900,000 was paramount in imppportance, but after testimony tonight he felt it was really folortant lowed. in He the omfelt thatsthat spendingrthetrict additional ures S900 000 would was worth spending to uphold the integrity of the Borough. Mr. Keene asked the attorney if the language in Section 14 pertaining to subcontractors was the same language in the documents for bidding on the Central Peninsula High School and all previous contracts awarded in the last couple years. Atty. Boedeker said n it was not exactivcontent. t Mr.sKeeneuask de ifiin thesedfferences previowereus ones ust nhad there beenax, not ia responded thisshadone not been iating two problem to his knowledge. Mr. Boedeker knowledge, Mr. Moore asked confirmation the general contractor does not have to use the subcontractor listed on the outside of the bid envelope. Mr. Hakert said that was correct. The Borough documents do not have any binding provisions that force the general to use the listed subcontractor. Mr. Johnson asked if the bid amendment on the subcontractor language had been sent out on the Central Peninsula High School. Mr. Hakert said that was correct. The addendum had been sent out after opening of the Nikiski bid opening and the filing of a protest. - 7 - L I '1 KEN At PENINSULA BOROUGH CONTINUED MEETING OF ASSEMBLY MAY 22 1986 !` ;► Mr. Nash asked if the Assembly, before voting on any particular not a particular irregularity is " contractor, should decide whether or Atty. Boedeker said from a technical waived or not waived. standpoint it was probably the way it should be done. Mr. Nash asked if each thing is if the Assembly would be clearing up the record in situations it would be j F taken individually, Mr. Boedeker said some lot if addressed individually, but in the final analysis he i - a cleaner didn't think it that important. THE MC GAHAN AMENDMENT FAILED ON A VOTE OF 7 YES, 5 NOt Johnson. Mullen, Moore, Glick and McLane voting No. AS MOORE MOVED TO AMEND SECTION 1. LINE 3. "Nikiski High School hereb waivin the irregularity of submittingtwo _.,.. aubcon ractors on t e pacxaae. ?, Mr. Nash ex ressed concern that if the difference is great enough Assembly should consider rejecting all of them and putting the ^, the project to another bid. Mr. Boedeker said he didn't feel the to compel the Assembly to go back and irregularity was great enough rebid the project, although the Assembly has that option. if the the irregularity were not waived but still didn't wish to go to be rejected. Mr. Nash asked how long would it -' higher bid, bids could take to go back for another bid. Mr. Hakert said if the bids were He said rejected, a minimum of six weeks delay and possibly more. be lost and occupation effectively this construction season would be until 1989. Mr. Nash asked if this would effect the t ' would not bonding requirements. Mr. Boedeker said the federal legislation had fallen by the wayside and unless requiring a three-year time line r - ;- resurrected it would not apply. i; ► ASSEMBLYMEMBER BROWN MOVED TO AMEND RES. g6-75, ALL BIDS ARE REJECT JUNE 5, 1986 AND THE BIDS i( AND A NEW BID PACKAGE WILL BE ISSUED BY WILL BE OPENED ON JUNE 10. 1986. _ 777 ASSEMBLYMEMBER CAREY MOVED THE ASSEMBLY VOTE. Or THE MOTION BEFORE MOTIONS BE ALLOWED. THE CAREY MOTION WAS �. THEM AND THAT NO OTHER APPROVED BY UNANIMOUS CONSENT. ' THE BROWN AMENDMENT FAILED ON A VOTE OF 10 No. 2 YESt Brown and Carey voting Yes. i. Pres. Glick advised the Carey motion limited debate entirely and no Mr. Dale asked explanation of that other discussion was permitted. heard of it before. Pres. Glick deferred to as he'd never Parliamentarian Careyy for explanation. Mr. Carev referenced Mason's. "When limited its a act Section 357, page 255. debate is closed or adheres to those questions (motions) preventing debate until they are the all finally disposed of or until the order is changed of motion. if this included the main motion. Mr. Carey said this Mr. Dale asked was his understanding unless the order was changed. jj 11 THE MOORE AMENDMENT FAILED ON A VOTE OF 7 NO, 5 Y£S► Johnson, Mullen, Moore. Dale and McLane voting Yes. Mr. Nash raised a point of order stating if the irregularity were not Pres. Glick said the bid - waived, what does the Assembly accomplish. be left as is and it was her understanding per Mr. Boedeker by =y would award of the contract, the irregularity in effect is waived. _..: *RES. 86-75 FAILED ON A VOTE OF 8 YES, 4 Not Brown, Carey, Glick and *See 9, vote subsequently corrected and the --- ;j. + Keene voting No. Page -_44 ----- --- resolution adopted. -' ,, ASSEMBLYMEMBER BROWN GAVE NOTICE OF RECONSIDERATION ON RES. 86-75. t, ASSEMBLYMEMBER MC LANE MOVED FOR ADJOURNMENT. Pres. Glick advised be before per her understanding, public comments must given adjournment. „ t L$ -f, A y i , �f .. �� IN 4. j r: 9 {I KENAI PENINSULA BOROUGH CONTINUED MEETING OF ASSEMBLY MAY 22 1986 Mr. Keene asked if he might have the floor. He stated he'd tried to pain attention prior as his vote on Res. 86-75 should have been a Yes" instead of "No". Prea. Glick advised generally once the vote is read it is not possible to change. Mr. Keene indicated he'd raised his hand as soon as the vote appeared on the voting board, but he hadn't been Keene recognized. be allowedntoechangeehisa. Ovote,lick aunlessethere wasd she objection. d rule that Mr.objection. RES. 86-75 WAS ADOPTED ON A VOTE OF 9 YES, 3 NOi Brown, Carey and Glick voting No. ASSEMBLYMEMBER MC LANE WITHDREW HIS MOTION TO ADJOURN. Mr. Moore asked if Mr. Brown would still give notice for reconsideration on Res. 86-75. Mr. Brown advised he was. ASSEMBLYMEMBER CAREY RAISED A POINT OF ORDER THAT MOTIONS TO GIVE NOTICE OF RECONSIDERATION WERE NOT ALLOWABLE ON LEGISLATION PASSED BY 3/4's VOTE. ASSEMBLYMEMBER MOORE CLARIFIED, AS SPONSOR OF THE 3/4's APPROVAL LEGISLATION, THAT THE ORDINANCE STIPULATES 3/4's OF THE TOTAL MEMBERSHIP OF THE ASSEMBLY. PRES. GLICK RULED MR. BROWN'S MOTION GIVING NOTICE OF RECONSIDERATION IN ORDER. (c) Res. 86-76 "Approving the Purchase of City of ewer Land for the Use by the Kenai Peninsula Borough School District as a School Site" (Mayor) There was no public comment. ASSEMBLYMEMBER SKOGSTAD MOVED ADOPTION OF RES. 86-76. ASSEMBLYMEMBER .1OHNSON ASKED UNANIMOUS CONSENT. RES. 86-76 WAS ADOPTED BY UNANIMOUS CONSENT. (d) Res. 86-77 "Providing for Broadcasting of Regular And Special Assembly Meetings and Awarding Contracts to Radio Stations KSRM, KGTL, and KRXA for Fiscal Year 1986-87 to Provide Broadcasting" (Mayor) There was no public comment. ASSEMBLYMEMBER BROWN MOVED ADOPTION OF RES. 86-77 AND ASKED UNANIMOUS CONSENT. RES. 86-77 WAS ADOPTED BY UNANIMOUS CONSENT. (c) Res. 86-66 "Adopting a Policy of Centralization of bisposal of Special Wastes Within the Borough" (Mayor Req. BLYMEMBER14C CCLANE)MAY MOTION TO RECOFSIDER FILED BY ASSEMBLYMEMBER ASSEMBLYMEMBER MC LANE WITHDREW HIS REQUEST FOR RECONSIDERATION- L. PENDING LEGISLATIONgg a (This item atertimelists asnotedsnotion which foractionwill thisemeeting.) at a (a) Ord. 86-8 POSTPONED TO 6/17186 (b) Ord. 86-25 POSTPONED TO 6/3/86 (c) Ord. 86-27 POSTPONED TO 6/3/86 (d) Ord. 86-37 HEARING 6/3/86 (e) Ord. 86-38 HEARING 6/3/86 (f) Ord. 86-39 HEARING 6/3/86 (RR) Ord. 86-40 HEARING 6/3/86 (h) Res. 85-161 POSTPONED (i) Res. 86-27 POSTPONED (j) Res. 86-28 POSTPONED - 9 - L L 1 r �J KENAI PENINSULA BOROUGH CONTINUED MEETING OF ASSEMBLY MAY 22 1986 M. FORMAL OR ING AGENDA PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE (a) Tom Scott Southern Region Emergency Medical 2 Services 6ounsel (b) dice n, Chairman aKenai Peninsula Emergency 3 M N. MAYOR'S REPORT (a) Landscape Maintenance Various Schools 1986 - Bid Tabulation 0. OTHER BUSINESS P. ASSEMBLY AND MAYOR'S COMMENTS Q. PUBLIC COMMENTS TENTS AND PUBLICPRESENTATIONS UPON MATTERS NOT CONTAINED There was no member of the public wishing to comment. R. INFORMATIONAL MATERIALS AND REPORTS (a) DOT Request for Comment - Summit Lake to Bertha Creek Prej. S. NOTICE OF NEXT MEETING AND ADJOURNMENT (May 22. 1986) After considerablle discussion, Pres. Glick determined the Assembly on Res. 86-75 and hen l986 to continue with consider b dq t wo k sessione of nsidesation Pres. Glick adjourned the meeting at approximately 12:45 a.m. Date Approved b-1): " 1996 g�� . ssem 'y res ent AST ! /✓ roug er l ,l L �= L rWFO -A7 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING JUNE 3, 19861 7:30 p m. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER - AGENDA - Pate No. B. PLEDGE OF ALLEGIANCE 1 C. INVOCATION: Gary Klodt Asst. Pastor 1 Soldotna Bible Chapel D. ROLL CALL 1 E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMB£RS F. APPROVAL OF MINUTES: April 15 and May 7, 1986 1 Apry G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, Fandel, Johnson, Nash) (b) Lands/Resources (Skogstad, Fandel, Johnson, Keene Mullen) (c) Legislative (Dale, Crawford, Moore, Sewall, Skoec•_ad) (d) Local Affairs (Moore, Dale, Skogstad, Walli) (e) Public Works (Sewall, Brown, McGahan, McLane, Mullen, Valli) (f) Data Processing (Johnson) H. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 86-81 "According Equal Treatment as to Wages and N/A ens is of Certain Employees Excluded from the Collective Bargaining Agreement Between the Borough and the Kenai Borough Employees Association." (Mayor, 1 I. ORDINANCE HEARINGS j (a) Ord. 86-25 "Increasing the Borough Sales Tax Rate 8 i Failed to Three Percent" (Mayor) (b) Ord. 86-27 "Enacting KPB 5.22 Establishing Eligibility Kenai 2 4 Adptd equ cements and Conditions for Grants by the �- Peninsula Borough to Senior Citizen Organizations" (Mayor) (c) Ord. 86-37 "Apppproppriating Funds for the Borough for 10 Pending g aca ear 1986-87" (Mayor) (d) Ord. 86-38 "Making Appropriations to the Service Areas N/A n the Borough for Fiscal Year 1986-87" (Mayor) (e) Ord. 86-39 "Amending KPB Chapter 5.18 to Provide Exemptions from Sales Tax for Food Purchased with Food 18 NIA Stamps in Order to Comply with Federal Statutes" (Carey) (f) Ord. 86-40 Amending KPB Chapter 5.18 to Provide 18 t xempt ons from Sales Tax" (Carey) J. INTRODUCTION OF ORDINANCES (a) Ord. 86-42 "Amending a Grant from the State of Alaska 2 H61g7 of'Y--'*M700 for Continuation of the Coastal Management Program" (Mayor) 1 (b) Ord. 86-43 "Amending KPB 2.08.120 Regarding the Order of 2 Business at Borough Assembly Meetings to Allow Public Hrg ff 6/17 Comments and Public Presentations to be Made Immediately 1 Following Legislative Business and Formal Presentation" Skogstad) j (Mullen, Sewall and ; X t`- <c) Ore• Lien o5.18 to nReal is N/A reatIon ,Recordings and Noticerof and/or Personal Property to Secure Payment of a Sales Tax, Plus Interest. Penalties, and Administrative Costs in the Event of Delinquency." (Mayor) (d) Ord. 86-45 "Amending the Kenai Peninsula Borough Code of Boundaries of the Ridgeway- 2 Hrgg Ordtnancelto Clarify the Technical Errors 6/17 Sterling Fire Service Area and Correct in the Description" (Mayor, Moore) (a) Ord. 86-46 "Appropriating $45,000 to the Bear Creek Fire W/D ery ce Nee,to be Repaid in Three, $15,000 Installments from the Tax Levies of Fiscal 1987. 1988 and 1989." (Sewall) K. CONSIDERATION OF RESOLUTIONS (a) Res. 86-73 "Approving an Amended Intergovernmental the Ridgeway -Sterling 1 Adpt ooperat ve Agreement Between Fire Service Area and the State of Alaska, Department of Natural Resources. Division of Forestry" (Mayor) (b) Res. 86-78 "Providing for an Eighteen Month Extension to 1 Adpt the KenaiTSoldotna Solid Waste Maintenance Agreement Held by Robinson Construction" (Mayor) (c) Res. 86-79 "Setting the Rate of Levy for Real and Versonal lyroeerty Taxes for the Kenai Peninsula Borough 19 N/A and for Service Areas Within the Borough for the Tax Year 1986." (Mayor) (d) Res. 86-80 "Providing for Executive and Administrative 18 N/A Salary ssignments for Certain Borough Staff Exempt from the Collective Bargaining Agreement. (Mayor) (a) Res. 86-82 "Ratifying a Collective Bargaining Agreement 18 N/A etween t e Borough and the Kenai Borough Employees 108-89." Association for Fiscal Years 1986-87 Through (Mayor) L. PENDING LEGISLATIONlegislation (This item lists wforactionhich ithisll emeeting.) at a tertimeasnotetnot la (a) Ord. 86-8 POSTPONED TO 6/17/86 (b) Rea. 85-161 POSTPONED (c) Res. 86-27 POSTPONED (d) Res. 86-28 POSTPONED M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA N. MAYOR'S REPORT (a) Emergency Management Director's Report - Benzine (b) Legal Status Report 0. OTHER BUSINESS P. ASSEMBLY AND MAYOR'S COMMENTS Q. COMMENTSPUBLIC ANDPUBLICICPRESENTATIONS UPON MATTERS NOT CONTAINED T R. INFORMATIONAL MATERIALS AND REPORTS S. NOTICE OF NEXT MEETING AND ADJOURNMENT (June 5. 1086) 19 I Mww KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES JUNE 3, 1986, 7t30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER The regular meeting of the Assembly was called to order at 7,30 p.m. by Pres. Betty J. Glick. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Rev. Gary Klodt, Assistant Pastor, Soldotna Bible Chapel. D. ROLL CALL PRESENT: Assemblvmembers Nash, Brown, Walli, Johnson, Mullen, Crawford, Sewall, Moore, Carey, Glick, Dale, Skogstad, Fandel, McLane and Keene; Mayor Thompson. Admn. Asst. Best, Atty. Boedeker, Deputy Borough Clerk DeLacee ERCUSEDs McGahan E. VACANCY, DESIGNATION OR SEATING OF ASSEMHLYMEMBERS F. APPROVAL OF MINUTEST April 15 and May 7, 1986 Approved as submitted. G. COMMITTEE REPORTS (Reports on Items Not on the Agenda) (a) Finance (Crawford, Carey, Fandel. Johnson, Nash) (b) Lards'Resources (Skogstad, Fandel, Johnson, Keene Mullen) Chairman Skogstad said the committee discussed possible land sites for the Kachemak Gun Club and review of North Peninsula Land Lottery sales. (c) Legislative (Dale, Crawford, Moore, Sewall, Skogstad) (d) Local Affairs (Moore, Dale, Skogstad, Walli) (e) Public Works/Education (Sewall, Brown, McGahan, McLane, Mullen, Walli) Chairman Sewall said the committee discussed the current status of the solid waste disposal sites under consideration and possible special wastes future sites. There was also discussed of bid procedures. (f) Data Processing (Johnson) H. AGENDA APPROVAL AND CONSENT AGENDA (a) "Congratulating Renae Larson -Loan and Etta Mae Near for Individual Awards of Excellence (Glick/Carey) (b) Res. 86-73 "Approving an Amended Intergovernmental Cooperative Agreement Between the Ridgewav-Sterling Fire Service Area and the State of Alaska. Department of Natural Resources, Division of Forestry" (Mayor) (c) Res. 86-78 "Providing for an Eighteen Month Extension to the Kenai/Soldotna Solid Waste Maintenance Agreement Held by Robinson Construction" (Mayor) (d) Rea. 86-83 "Transferring $45,000 to the Bear Creek Fire ery ce rea from the Assembly Contingency to be Repaid in Three, $15.000 Installments from the Tax Levies of Fiscal Years 1987. 1968 and 1989" (Skogstad/Sewall) L A 1 A . 1 ii i ,7 3 . �r. t - i C KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 3L 1986 (e) Ord. 86-42 "Amending a Grant from the State of Alaska for the Coastal Program" 0NLYt HEARING DATE 6nlyee6nt ((+)ay"or NTRODUCTI0Nion of (f) Ord. 86-43 "Amending KPB 2.08.120 Regarding the Order of Allow Public us nesa at Borough Assembly Meetings to Public Presentations to be Made Immediately Comments and Following Legislative Business and Formal Presentation" ONLYS HEARING (Mullen, Sewall and Skogstad) INTRODUCTION DATE 6-17-86 (g) Ord. 86-45 "Amending the Kenai Peninsula Borough Code of Boundaries of the Ridgeway - r nances to Clarify the Sterling Fire Service Area and Correct Technical Errors INTRODUCTION ONLY1 in the Description" (Mayor, Moore) HEARING DATE 6-17-86 EA VOTE OF I1 CONSENT D ON MOTYes. NO, 4 YEStB own, Sewall. Glick andSkogstadvoting Assemblymember Sewall requested that use of the voting machines be operational or preferably allow the dispensed with until properly the voting board prior to reading of the final votes to appear on vote by the Deputy Clerk. He felt this necessary as in the previous when trying to challenged Meeting registered q which was improperlyember Keene had en registered. correct hisvote inquired whether was any public member wishing to .Glick makecon items on the Consent POlsen. Soldotna, addressed comments to introduction of Ord. eter he noted his island receipt of his assessment notice, was included in this fire service area which seemed to the island. parcel inappropriate as there can be no provision of services Mr. Skogstad requested that Public Comments be heard prior to Mayor and Assemblymember Comments. The Consent Agenda was Approved as Amended. I. ORDINANCE HEARINGS 2 Establishingg ity (a) Ord. 86-27"Enacting theEligibility oenai equ rements andCon Peninsula Borough to Senior Citizen Organizations" (Mayor) Public hearing was opened. Pat Porter Kenai, felt it really important that when the Assembly Ian uage be added formula for distribution of monies, g eats a ea a to provide no duplication of services within a funding district. for for its fuWhile Mrs. Porter explained that Soldotna had applied enter the Knai Center is not in coonmmdpping has fundsenorsingiwithcSoldotna, the Oldere Alaskans Commi sion (OAC)tstaff the OAC staff received grant applications for both groups and Kenai Center submit a proposal for providing a requested that the aatellite site in Soldotna. After submission, the OAC recommendation to provide is for the City of Kenai to receive any funding if awarded in Soldotna. She was of the opinion meals three (3) days per week this recommendation was made as a cost-efficient measure. While she the Assembly for funding. had no problem with Soldotna's request to if the Borough awards the monev to she felt there would be a problem Soldotna for its proposed service district and the OAC advisee they h saidthe etoenaiproSe ions prefer Kenai serve the Soldotnaarea. the Borough supportey Center would not get service to elders. She advised the OAC would be meetinI the staf_ quality and might overturn address this cision.butu this hatorarely been done decision. - 2 - L 001 0 1 5 p f _ f 4 .1 i ff ... V - L KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 3t 1986 Finance Chairman Crawford advised the Committee had a "do pass" recommendation, as amended, with a vote of 3 Yes. 2 No. ASSEMBLYMEMBER CRAWFORD MOVED ENACTMENT OF ORD. 86-27. ASSEMBLYMEMBER NASH MOVED TO AMEND SECTION 1, 5.022.020. LINE 5c STRIKE "Peninsula Borough. and must be [sponsored by a city, or) recognized by the Older Alaskans Commission of the..." Mr. Nash said the primary purpose of the amendment would be to attempt to identify an organization outside of the Borough and Assembly which has expertise in concerns of older Alaskans and determine what areas can beat be served by what organizations. ASSEMBLYMEMBER MC LANE MOVED TO AMEND SECTION 1, 5.022.020, LINE 5s STRIKE/ADD "Peninsula Borough. and (must) ma be sponsored by a city or recognized by the the Kenai Peninsula Stough Assembly, or the Older Alaskans Commission of the State of Alasita." Mr. McLane believed the amendment was more consistent with the voters' concept of the ballot question. He felt groups outside of cities, such as Cooper Landing, Moose Pass or Hope, would then have an avenue to present programs to the Assembly for start-up. Mr. Carey spoke in support of the McLane amendment. He felt the number one consideration was the Borough should not let the State dictate how people are served in the Borough. Mr. Moore spoke against the amendment in that he had assured people the Borough was not going to get involved in a social services program, but simply contribute to the financial needs of the senior citizens centers. He asked clarification from the amendment sponsor whether his amendment was to the ordinance or to the Nash amendment. Pres. Glick said she took it as a second amendment and if it were passed it would make the Nash amendment moot. Mr. McLane clarified Language in his amendment regarding the legal impact of "sponsorship" regarding the Assembly. Mr. Mullen advised if it were left as is or amended by the Nash amendment, he felt the Assembly would be essentially disenfranchising rural areas of the Borough. Mr. Brown noted for the record not onl7 the outlying areas, but even the Citv of Soldotna lacks the "stroke' of the OAC at this time. He asked if either of these amendments materially effect the total appropriation made in a given year to a senior program. Finance Chairman Crawford advised monies that have been used were a portion of the federal revenue sharing selected and appropriated. The ordinance would facilitate distribution of the funds. Mr. Brown asked if this were on a per capita basis. Mr. Crawford advised partially, except for the start-up costa - basic start-up allocation of $5,000 and a percentage of the apportioned money based on the number of seniors served. Mr. Brown spoke in favor of the McLane amendment. Mr. Skogstad, while while speaking favorably of the McLane amendment, at ad he foresaw problems in implementation of the McLane amendment. If a city were to sponsor a seniors group, the Assembly would need to have an audit system. It was his feeling the OAC has the ability and know-how at this time to disperse funds to seniors. He didn't feel the Assembly had such expertise or time to do so. Mr. Fandel said while all the intent of the voters is in the McLane amendment, what was being overlooked was some basic economic mechanics. That is, at the request of the OAC, the Kenai center is going to have to continue to provide service to Soldotna regardless of what the Assembly does with Borough appropriations. He said 50% of what would be appropriated to the Kenai Center -- now servicing Soldotna. Ridgeway, Sterling, Funny River and so forth -- would be - 3 - L L KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUN£ 3, 1986 given to the Soldotna center who would 'vide some basic meals, thus duplicating service. He felt an Assembly decision was premature as the OAC thereforeould spokee againstathenM aneam cision oname dment anddfavorablyJune 5 to the Nash amendment, Mrs. Walli asked the attorney if when a senior citizens organization applies for a construction grant through the legislature. was it necessary that they be recognized by the OAC4 Atty. Boedeker said that was dependent on whether the grant was through the OAC, another department of state. or a direct grant to the organization. He said most were funneled through the OAC which has criteria for recognition. She encouraged support of the McLane amendment. Mr. Moore advised after clarification by Mr. McLane he was in full support of the McLane amendment. ASSEMBLYMEMBER NASH RAISED A POINT OF ORDER, ASKING IF AFTER AN ASSEMBLYPERSON HAS SPOKEN TO THE AMENDMENT AND ANOTHER ASSEMBLYPERSON ASSST EMBL PERSONES AN ERSPEAK ONLY TION OF ACTO THAT FACT. T THAT IS OT Pres. Glick TRUE, CAN THE Fitsaldthe Assembly needs to be dealing with proper information and if there was a mistatement it should be corrected. Mr. Nash responded that Mr. Mullen had stated rural areas would be disenfranchised which was untrue. Mr. Nash said removing sponsorship of cities would put rural areas on the same footing as everyone else. Mr. Mullen felt the ar =ent that this was a bad idea because the Borough migght not be able to keep track of dollars and there might be responsibilitieR the OAC would pick up was a bad ones resulting in a misleading inference that Borough dollars that could be channeled through the OAC. Mr. Sewall said while he appreciated the intent of the McLane amendment, he too felt @ir. Skogstad s concern that without expert oversight such as the OAC, the Borough would have to take up that oversight on dollars. He felt language needed to be added for fiscal responsibility of programs before passage. Mr. Dale voiced favor for the McLane amendment. He noted a $1,000,000 legislative construction grant for North Pole. also contained within the Governor's budget, was done without consultation of the OAC, perhaps showing the organization's importance. It was his feeling more credibility was being given to the OAC than their track record deserved. Mr. Johnson said it appeared the question was coming down to an argument whether or not the OAC knows what there doing or is acting in the best interests of the older Alaskans. He felt perhaps the Borough should appoint a non -salaried review committee to look at the question. He favored the Nash amendment. THE MC LANE AMENDMENT WAS ADOPTED ON A VOTE OF 9 YES, 5 NOt Nash, Johnson, Glick, Skogstad and Fandel voting No. THE NASH AMENDMENT WAS RENDERED MOOT UPON ADOPTION OF THE MC LANE AMENDMENT. Mr. Carey urged passe e. as amended, with the goal of providing service to seniors ofg the peninsula. Mr. Carey asked unanimous consent for passage. Mr. Nash objected to unanimous consent. ORD. 86-27, AS AMENDED. WAS ADOPTED ON A VOTE OF 13 YES. : Not Nash and Johnson voting No. Mrs. Walli requested that Finance Director Barton send a short memo to each aasemblvmember delineating how to make application and how these appropriated dollars are tracked. L - a " � 1 =k t k i KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUN£ 3, 1986 * Privilege of the Floor - Mayor's Budget Speech Mayor Thompson, "I've been Borough Mayor now for almost ten years in total. I am elected at large; the only Borough official to be so Y elected. I work on Borough matters probably a minimum of 40 to 60 hours a week and often 60 to 100. Not that I'm any wiser than a new assemblyman but have had more experience in the Borough work. My reason in mentioning the foregoing is to point out that i would { appreciate the Assembly at least taking into consideration my t concerns on the budget as I do come from a fairly knowledgeable base. I have to work with the budget and the results of the budget. _ My typpe of operation, as Borough Mayor, has been to have the very best dapartment heads available. This is important as this save the Borough taxpayers hundreds of thousands - perhaps millions of _._._...i• dollars in the long run through knowledgeable and efficient handling of Borough affairs I don't even try to know all the details of each department. That's the department heads responsibility. If the department head can't handle it, it's time to change department heads. But, we do have a very well qualified, hard-working staff i that I'm very pleased with. My job is to make certain things are coordinated. We try to work within our philosophy and to watch in particular the economics, the cost, etc. As you know, I'm a strong fiscal conservative. Again, my point is in each department we have people working long, hard hours that know what is needed to get the job done that is required of them. Now, as to the budget we have drawn up a tight budget. First the staff people made whatever cuts they felt they could. Then Roy, Sam and I went throu&h each individual item cutting everything we felt could be a "want rather than a "need". Then I again went through the budget in detail to look for anything that would cost us money without saving the Borough and taxpayers more than the cost. There are no hidden funds or funds excess to our normal low-cost fiscal conservative operation. Situations change, particularly in Juneau, and due to Assembly action on the school budget it now appears the tax rate lower than the early estimated five (5) mills will be feasible and practical. I am recommending a four (4) mill, if we have a sales tax increase. Remember too, we have in this Borough always ran a very economical low -budget operation. There is no cream to skim. No one likes a tax increase, particularly me. My tax with a four mill rate plus service area cost would be over $4,000 a vear on my homestead alone. Frankly, after retiring next year I couldn't afford. I might even be forced to run for Borough Mayor again. However, we voted in the schools and our bonded indebtedness and we do have to pay for them - almost S10 million more than last year. Seventeen million dollars last year to S26,414,000 this year. Our insurance costs, like everyone elses', has gone upt ours an estimated $1.5 million. Again, however, our Borough operational budget is down. Last year our total budget was $48+ million; this year $56 million. That sounds like an eight (8) million dollar increase which it is. Aside from insurance and debt service, however, our budget is $2 million less than last year. This year we have to pay over ten (10) million more in debt service and insurance than last year. So, if you subtract that ten (10) million from our S56 million budget, it would show a budget of $46 million which is two (2) million less than last year's. In addition to that, and this is something most of you are probably now aware of, our last news from Juneau is that they are not going to return our portion of the fish tax this year. We'd budgeted $750,000 for this and had hoped for about $1 million. As a matter of fact, we received $250.000 than expected last year. They're doing this through what they, call a system of forward funding which amounts to 'a fish tax from the Borough. This is about a third us. A further decrease, yet we have more schools 7 M ■ I c+ ff ., KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 3, 1986 f� • •' to maintain and more work to do. We will be handling the of $83 million worth of schools this year - the next j construction couple years. This will impact heaviest on Public Works, Finance and our present duties include 1 Legal Departments. In maintenance, maintenance on 138 existingg facilities, 600 acres of ground, 1000 toilets, 8 swimming pools, 88 boilers 1.621,000 square feet of floor 62 acres of painted space, 38 acres of roof, 84 acres or pavement, wall surface, 52 generators and 85 vehicles, just to list a very few of the maintenance duties. Few corporations have more. The total $5 and we do this at a I t maintenance budget is approximately million lower cost per square foot than any other borough. For instance, I y Mat -Su with 24 school buildings costa $10 million a vear in ins$asyear'nks with 30 llabout f myeartieour with a30achool buildingsool costsild $5 million half. ' _i Our appraisers do 7,000 parcels per each appraiser, covering 3,000 than any other •,j -_ �'. square miles per appraiser, at a lower cost per parcel borough. Nineteen dollars per parcel for us versus D.at-Su at S23. Fairbanks at $26, and Kodiak at $47. We have a staff of seven (7) versus Fairbanks' twelve, Mat-Su's eleven. y Our finance office handles a billion dollars per month in and out n with a smaller staff than any other borough. r.: variety of duties problems. Our legal staff has an amazing and s- Negotiating with architects and contractors, checking and doing over lawsuits - both defense and a 1,000 contracts a year, various delinquent tax collections, foreclosures, etc., etc. Not plaintiff, just to mention the Assembly packet preparation duties which take a i - i; considerable portion of their time. The Office of Emergency Management, which position funding was cut in to operate basically because Clancy has ! a half last year, has continued all more than full time on his work. Even so, we're behind spin Nent Spring we have a bebe at needs to be done. I believe this tter need for the Office of Emer ency Mana ester 1 understandingfor the remembering,of course, that we have a great deal of disaster forest fires, transportation potential since the volcanoes, tsunamis, of dangerous or hazardous materials by road, train, ship. manufacturing plants particularly in North Kenai and the list goes We be and I feel extremely strongly this emergency on. must prepared management must be a full time, operational office. Also it at fedderal { r least fifty percent funded by the federal government plus Let's remember the boy .S help in radios, generators, sirens, etc. 'Be prepared'. A question was asked earlier on training " ) scout motto, funds for this department and I wasn't able to properly answer then by the State and i S { at that time. These funds are in part reimbursed Federal government. They include training to bring instructors to on handling hazardous the Borough for instructions and seminars That's in the fire departments as well as Borough - materials. personnel, for Boroughwide practice of emergency and disaster plane realhinknow. 1 wand unless for Borough emploveest hat to do. you Andprthree econtract trai ingwhen the Z Now the Borough is very big business whether we like it or not. We dollars a We do all the foregoing plus I handle many millions of year. of smaller jobs not mentioned. My point is that you. the thousands Assembly, sit similar to a board of directors of a major corporation. Assembly fully understands how this business of our - ! - -- - - -- -- Some of this Borough government operates . Some feel perhaps it's just government anyway we can on budgets and operating - .`_ r as usual and consequently cut coats to cut government without regard to future costa to the bragged -- j`.------- --- j taxpayers. And perhaps at Least one of the Assembly, who's never making over $7,000 a year in his life, absolutely can't -� i of the costs and needs, obligations of the Borough operations s understand or how the Borough must operate. In this sense, I detect an lack of understanding by a very few people antagonism or perhaps concerning department head salaries, etc. As I stated in my budget college and private r message, these salaries compared to state, KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 3. 1986 businesses with similar responsibilities are at least $10,000 low. Let's don't compare apples with grapes. If we add the retirement, social security, etc. to our salaries let's add it to those we compare with. For instance, we've received some criticism from the Kenai Chamber of Commerce Board of Diroctnrs. However, the City of Kenai Attorney gets $80,000 a year plus 1 understand a $5,000 bonus versus a $67,000 base for our attorney - $10,000 more. I believe they have for less responsibilities. The head of HEA, for instance, gets $92.000 plus benefits. My salary without benefits is $78,000. Just a couple of examples. On a more local level and perhaps easier to understand, if you have a twenty acres that you want cleared and leveled out here, wooded acres, you can do it for $50 an hour. Hire a D-4 cat to do the job and it'll do the job, it'll take a long time and cannot possibly do the job a D-8 cat can. If you hire the D-8 at say $150 an hour, you'll not only get a much better job quicker but will in the final total be a lot cheaper than the D-4 and so it is with the Borough. We could, for instance, hire an attorney just out of law school for say $50,000 -- possibly could. Realizing a $50,000 cap would mean a wage of $36,371 a year but very likely would cost the Borough taxpayers hundreds of thousands even millions in the next couple years. A finance director who handles over a billion dollars a month; do we want somebody just out of business school to handle that? An interesting point is while classified salaries have risen along with inflation, 75% in the last nine (9) years, administrative salaries have risen 60% -- 15% difference. Now for instance this has been mentioned cutting say the attorney's office down to two (2) people versus three (3). Now while it might look good in the budget, might cost the taxpayers a million more or less total the coming year or perhaps, as was mentioned at the last budget worksession, cutting publications out of the budget. Again, this would save a few dollars immediately - it wouldn't make any difference in the mill rate - but would or could cost a big loss in the long run due to department heads not knowing the latest financial ruling or way to handle a maintenance problem or employee rules or keeping up with State and Federal legislative actions. The same for travel. We have no lobbies*.. Remember travel budget covers also all committees such as the Planning Commission; S35,000 a year alone just for meetings. Sure we probably won't spend what's in our travel budget but it needs to be there. I don't believe any of us like to take trips, I sure don't. It's not for luxury trips but as an example at one time the legislature and governor were going to take away our right in a special session to receive taxes on the oil properties. I took almost our entire staff to Juneau for over one week and ended up by getting our right to receive our share of the taxes on oil properties. Thus, saving the taxpayers unlimited amounts of dollarq. If we hadn't had a travel budget, we wouldn't have been able to do so. Yes, we do need to have local travel just as it costs Assemblv members to come to the Borough, it costs Borough employees and staff members to travel to Homer, Tyonek, Seward, Seldovia, etc. We should not expect or ask them to take that cost themselves. It is part of their job and necessary. In particular some Assembly persons have complained that maybe a car allowance is not necessary. In actuality, it is. When we negotiate a salary for a member for the staff that becomes part of his, if you will, contract wage and it is needed. it is a cost the employee would have to bear personally and removing it amounts to an unfair salary deduction. Again, we de not put out a budget with hidden amounts expecting a cut. A budget is the beat estimate of the cost of operations for the coming year and again we don't spend it just because it's there. In fact, this year we will return to the general fund unexpended budget funds of approximately S500,000. One Assembly person's proposal is for the Assembly to get more into administrative matters, particularly in line item transfers including even postage, advertising, recording fees. This is not practical nor wise. it would require administration to budget a higher than estimated cost for each line item so they would be safely covered for normal operations. - 7 - L L (` KENAI PENINSULA BOROUGH.,ASSEMBLY REGULAR MEETING OF DUNE 3 1986 i Realizing too, increased federal and State regulations put ever Borough operations. A minor example of that is, i 'S increasing coats on that this year we are required to report the federal government all e }I checks we writeoutover theaBoroughhappo approximately $35.000 ;} dates. etc. c0oe�t { }` Now this is not meant to be a It told you so' remark, but if the past 2.5 the last couple years. as I .' Assembly had kept the mill rate as and some of this Assembly had concurred in the past two I recommended budget sessions, we would be able to maintain that 2.5 this year I would like to quote one Assemblyman who believe with no increase. also understood the problem. Last year Mr. Moore reflected although 1985 with the Borough is not in bad shape this year, that was in by the Mayor, e 2,5 mill rate recommendedthe - ,- - i` straight across contingency account is still being reduced by more than 50Z. By 87 $7 million ; propertbalancy the Borough will be looking at a negative of pablB 5 both real iBoro11 nyear�. ethe ugh afloat.te be felt to keepgthe cutting this have to be made up next--�' A Borough was only buying time anBd it would He's right. My reason in mentioning the above early has i, year. requested recommendation is at least one other Assembly person Lower than recommended mill information that would show considerably The result of which if enncted would leave us with a very F -- t. rate. small or no reserve. That would not only be foolhardy but dangerous is needed to forward and very costly to the taxpayers. This reserve ao we don't have to go to the bank and borrow against fund a !_ projects expected revenues. It is ceded for any emergencies such as necessity, etc.. etc. lawsuit loss or a new solid waste site Furthermore, the reserve pa, us interest instead of our paying our to borrow. Remember also " interest as we would have to do if we had Borough budget is not $61 million but $56 million. our while the actual operating budget is Only$10 million. Also, this total budget the $10 million p$8 is only million more than last year even with " increased bond payments, etc. Now, I am proud of this Borough and its operations and you the the knowledgeable public. We do i Assembly should also be, as should the most work, generate better work, for the least operating costa of few of the items in any borough in the State. I pointed out just a the in my budget message. Our taxes aWe my earlier comments and are lowest of any Borough and I expect them to remain that way. in which is " g the only Borough to give a $10,000 home exemption taxes law and only two Borough, of which we are the maximum State allows one, exclude business inventory from taxes. Now we can continue to from the budget but any meaningful cut }j operate no natter what is cut would definitely hurt the efficiency and/or the services the people in the future . want and expect and require from our Borough and would this State dwagenincresses { feelsituation s lary or 8netgovernmeneyers do n t revenues,mI should be approved, nor do I feel they should be cut. I don't feel unless a very severe we should go and bond for any more construction I feel we should continue to hold our operating k- 1. need require this. coats as low as we can efficiently do. I guess the point is yes, we cuts would cost the can make substantial cuts legally. Any such more a year or two down the line. - taxpayers considerably 1 Now a question. Do you want to be politician or statesman? Are we we prepared for the future? We have Looking just at this year or are You cut to pieces the most efficient, economical a choice. can Borough government in the State and leave it to the future to pick up bite the bullet realizing r _ the pieces. Or you can be statesmen and that even with the necessary tax increases we'll still have the the long ' { lowest Borough tax rate in the State and we'll save over very much." { f haul the taxpayers' money. Thank you (b) Ord. 86-25 "Increasing the Borough Sales Tax Rate :i" to rye ercent" (Mayor) i` Pres. Glick opened public hearing. n 8 _ j. i� t_ KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 3,_ 1986 John Wise Kenai, stated he was an opponent of sales tax within the oroug and within cities. He felt sales tax is regressive and unfair. He also noted that a proposal before Congress would eliminate the deduction of sales tax. He postulated that 40% of real property is not owned by local taxpayors but persons outside the Borough. Mr. Moore asked Mr. Wise where he obtained information about out of state landowners. Mr. Wise responded he was in real estate and has a tax roll, maybe not the most current one, but by reading mailing addresses he ascertained this percentage. He further noted the percentage could be 35-45%. with 40Z being a fair estimate. Sharon Moock Soldotna, appeared as a member of the Soldotna Chamber 0 ommerce and referred to the Chamber's resolution the area is put in the position of an unfair marketing advantage versus Anchorage, who has no sales tax. She exampled purchases of school clothing - $500 per student two children per family would result in a S50 tax burden. which ii raised 1Z would result in a $60 burden or $10 increase for two children. It was her feeling this would definitely encourage shoppers to travel outside the Borough as $60 would cover travel costs to Anchorage. She urged the Assembly to look other places for revenues or cuts. Public hearing was closed as there was no further comment. ASSEMBLYMEMBER CRAWFORD MOVED ENACTMENT OF ORD. 86-25. Finance Chairman Crawford advised the Committee had given a unanimous "do not pass" recommendation. ASSEMBLYMEMBER BROWN MOVED TO POSTPONE ORD. 86-25 UNTIL THE NEXT ASSEMBLY MEETING, JUNE 17th. Mr. Brown felt this was not a critical question and could be an "ace in the hole" pending discussion of the budget. Mr. Johnson spoke against postponement stating it should be dealt with now. THE BROWN MOTION FAILED ON A VOTE OF 14 NO, 1 YES, Brown voting Yes. Mr. Carey spoke against raising sales tax and urged defeat of the ordinance. He spoke of consideration of a "split" sales tax, varying throughout the year. Finance Committee hearings produced testimony from the business community indicating adjustment of sales tax up and down would be cost ineffective and did not support such an effort. If sales tax were raised, he suggested the Assembly would be going against local hire. Lastly, it was his feeling the Borough should live more frugally and by refusing to raise sales tax the Assembly would be supporting that goal. Mr. McLane asked the Parliamentarian if it would be proper to lay Ord. 86-25 on the table until consideration of Ord. 86-37. Parliamentarian Carey indicated it would not be improper in that it is not required. Pres. Glick concurred. ASSEKBLY14EMBER MC LANE MOVED TO LAY ORD. 86-25 ON THE TABLE FOR CONSIDERATION UNTIL AFTER DISPOSITION OF ORD. 86-37. Pres. Glick advised a motion to lay on the table is nondebateable and called for the vote. THE MC LANE MOTION FAILED ON A VOTE OF 7 YES, 8 NOt Nash, Brown, Walli, Dale, Skogstad, Fandel and McLane voting Yea. Mr. Crawford urged disposal of the ordinance at this point so that it wouldn't have to be considered with the next business. Mr. Moore said he felt the Mayor did a good lob in providing a viable alternative to the dilemma. He cited the business community's opposition and advised he would vote against the sales tax. -9- I I: Jai y i k; l r, tl d - r ,1 i 1 . i •i• •;i f ILi KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 3 1986 Mr. Sewall spoke in favor of the ordinance. He felt that thanks in part to the shortsightedness of last year there was no doubt there would have to be tax increases this year. He didn't think the traveling toere should Anchorage dueetotaetotal 1% increasedhe felt wasdea of absurd,people Mr. Brown said he was glad his motion to postpone was not sustained and he guessed he'd paid a political debt there. He questioned the idea that sales tax is a way to tax individuals not living in the Borough, particularly tourists. It was his feeling property tax is assessed on all properties and that the rate of assessment on business and commercial property is higher than, generally speaking, thanto then consumers i ithouti being specified t and purchasers are to businesses is paying assed o payingtax whether they are local, state or out of state persons. Mr. Skogstad expressed agreement with Mr. Sewall in that taxes in general are something people would rather do without, but in the long run he personally felt the Borough could be more equitable in dispersion of taxes through sales tax versus a higher personal or real property tax. Mayor Thompson asked the Assembly remember that approximately $1 million or more of this sales tax is paid by tourists or people coming in and out of the Borough, relieving local taxppayers. He said for some, it is the only tax paid to the Borough although they can vote on bonding obligations. He felt the Borough's system of real, personal and sales taxes divides the tax load more evenly. He noted several of the cities have a 3% sales tax. In response to comments onlyrtaxgthe voted in by the peopleof the andsales had been,he v voted bins twi e t was the Mrs. Valli advised she'd been contacted by several of the oldtimers who are trying to hold on to their homesteadsversus . it is their real propertyttaxes. tBased lon these hcontactaould go u Mrs. Valli personal saidshed support the sales tax increase. Mr. McLane said he too abhorred taxes but realistically. he observed, the property tax was going to be more than doubled in one year. What is being asked here is a 50% increase in the sales tax and leaving this off would result in property tax going to five (5) mills. He obseed on the money you don't s pay the thereis iwhile e on optionif iproperty onyou spend etyour assessment notice that's ieinance you ordr go into foreclosure. Heurged the Assembly topass th ORD. 86-25 FAILED ON A VOTE OF 9 NO. 6 YESs Valli, Mullen, Sewall, Glick, Skogstad and McLane voting Yes. (c) OreCa86-e37 ar,198p6--871a(Mavorjnda for the Borough for Public hearing was opened. Bob Williams, representing a Kenai Chamber of Commerce committee. sa t e Cnamber had sent a couple letters to the Mayor and Assemblv concluding that the Borough must manage presently for things that are various obvious in the future an early as next year and certainly into the 1990's. It was his feeling the Borough has been blessed by the number of assets within the Borough, particularly on the North Road, and perhaps taxpayers haven't paid ver close attention to how researchaheefouben nd four Hyeearsnoted agocriticism the City hadthe 711temployeesKenai. today there are 73 employees while the population had increased over 20%. He felt it most important that no decisions from a ewat this meeting which would handcuff the Borough a y rm ty will be needed to deal with even more reductions from the State. - 10 - a C7 i 7 I l_ L KENAI PENINSULA BOROUGH ASSEMBLY R£GMR MEETING OF JUNE 3, 1986 Mr. Brown as ked responded itwag31 sales property s and 1.9 ax rates wmillsone in Kenai. Mrthe property tax. Maril Dimmick, Ninilchik, addressed comments to Ord. 86-37 e w u et Cuth1 relates very definitely to all four road service areas. She was concerned with language which would provide no unreimbursed general funds other than general administrative support services shall be expended in the Mayor/Service Area Coordinator Department. She said this year with the suggestion of Mr. Haviland and agreement with all four service area boards, they felt they first had to make sweeping changes in all four areas in provision of service. She said the main reason in adding part-time employee help was to augment the services of the volunteers in each of the neighborhoods who check the contractors' work. It was felt it was needed to have someone in an administrative position who could inspect road work so that the service areas did not in fact have any continuation of poor contractual work with no way to not pay for the work. She said the service areas were perfectly willing to pay for 70% of the coordinator's salary and support. She felt the balance of 30% was being expended onBorough work and this was beneficial as if the would feelas position if they t yowned" funded hir. whichthwouldvice not abeasa de, they situation. Mrs. immick, in statement to her, Wiflasked Ditwere truethat decisions ponsBrown's this budgetwere made wholly by boardmembers with no public input. Mrs. Dimmick said there he always been public input at road board meetings and clearly remembered there had been numerous public at budget meetings this year. L nnse Clark Chairman of the North Kenai Road Service Area Board, re terate a. Dimmick's comments. He said some questions came up as to whether if the road boards totally funded the coordinator's pposition, who determines whether or not his performance is adequate. He felt realistically the end result to do that would be a cost to the taxpayer. He observed the road boards were unique in that they collect services and areasare provide service tobmo mostthe ofState. Borougnoted h Mr. Brown asked about the proposed transfer of $28,571 out of maintenance and operations and into the hiring of personnel. Mr. Clark said basically the transfer was into the general fund and that the four service areas had agreed on a mileage basis within service areas to prorate 7O% of that budget. Mr. Brown said he believed this amounted to a little over 10' of the total budget being taken out of actual repairs to roads and put into new personnel. Mr. Clark said he as not to thew general refund 1for o funding rrectuoft two part-time hese monies uin individuals ld be transferred and one full-time. Mayor Thompson asked if the North Road Service Area felt there was a need for these inspectors. Mr. Clark said he felt very strongly there was a need and the end result would be better service to the people and save funds. Finance Director Barton noted several handouts requested by Assemblymembers including information rel1ggarding car allowances and of officeequipmentutilitieof the sice by departmenties and and building. Also included was a more updated line item summary with one change on the health insurance 0403$513.639 and the total2should readwhichould $55, 59,512. Mr.be changedfrom Bart n�2s,id he'd just received a letter from Blue Cross giving definitive figures on the cost per individual for insurance. He advised there was $289,288 in accrued leave with l and terminations. Interestearned 9 h b by the generalfund onthe retirements leave account was $150,O0O and for all other funds including school leave accounts, S700,00O. The cost of a leased vehicle with maintenance and no insurance was between $5.700 and $6.000 per year. He noted a handout showing revenue projections, assessed values and mill levies. He said a mill levy of 4.1 would be necessary to fund the budget without an employee contract and no sales tax. He said the latest L L i in KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 3. 1986 sales figures indicate $600.000 more in revenues than anticipated. tax already reduced from theconstru In state shared revenues, tobacco grant, resulteddouble000. He ubudget ction olea0 advisedcthese weretion leaving revenues the major changes in the it the ough with adjustmeard. leaveo$63 million in levy5oi84.1000 mi11s andying nts it would S55 859.512 expenditures for a fund balance of $7,156,275. revenues, He noted the 5(7 million plus in the general fund was not much because could be a of demands such as a proposed solid waste site which million. He said right now there are $4 million uncollected revenues which should be forthcoming by the end of the year as well as $3 of being out of million other receivables, which is on the borderline this fiscal year. If the contract were approved with money projection 86-37e in � Section 1 2 mills. MBarton employees, the mill would he said the "corrected" figures] in $55,859,512, General Government Operations should read $10.267,439. School Maintenance Operations is $4.6461898, and in Section 3., $2,322.728 is appropriated to the Land Trust Fund. Finance Chairman Crawford said the Committee discussed the ordinance no objection to and in light of the Substitute, there was postponement and no decision of recommendation was made. ASSEMBLYMEMBPOSTPONEMENT ETO JUNE 5, 1986SH MOVED E AND NACRESER RESERVED THE RIGHT NT OF ORD. 3TO (SPtEAK TO THE MOTION TO ENACT ORD. 86-37 (SUBST.), ASSEMBLYMEMBER MOORE RAISED A POINT OF ORDER ASKING FOR A RULING ON THE PROPRIETY OF MOVING THE ADOPTION OF THE SUBSTITUTE. Pres. Glick advised Mr. Nash what needed to be done was to move the enactment of Ord. 86-37. ASSEMBLYMEMBER NASH MOVED ENACTMENT OF ORD. 86-37 AND MOVED TO AMEND 86-37 (SUBST.) AND THEN MOVED TO POSTPONE UNTIL JUNE 5. TO ENACT ORD. 1986 AND RESERVED THE RIGHT TO SPEAK TO THE MOTION TO ENACT. Mr. Brown at he ad time tsubstitute this was vand urged ery good sdealing with trategy in hit at aab later date. to review the Mr. Dale asked clarificationwhether original ordinance or Pres. Glick replied the substitute would be undert consider tion. main motion, Ord. 86-37 and the amendment Ord. 86-37 (Subst.), dealing with the amendment first. THE MOTION TO POSTPONE FAILED OF 8 . 7 YES; Nash, Brown, A Ovoting Walli. Sewall. Moore, Dale a dOFa delN YesTE Finance Dir. Barton advised corrected figures to be listed in the Blue Cross reductions Section 1. substitute including the School Government $55Maintenance.Operation $4 495 014; Sectionions 3. $2 322,728,323, startinghe comparisont with actual said $200,000.hiIn Substitute. approximately Sectionhe dollarsh effect original. excepting the $200,000 insurance reduction, information 7 in the would be the same in Sections 1 , 2, 3, 4. 5. 6 and as The thrust of the Substitute is from Section 8 on which original. would modify the job description book in several parts: 1) Part A - new electrical administrator position in elimination of the Maintenance Dept., 2) Part B - change the position description of an than existing position - The lead electrician description mandates individual filling the position must hold an Electrical the Administrator's license which the Borough avails itself of as the state occupational licensing law. Mr. Nash required to satisfy suggested that if there is already a person known as a lead is required to have an administrator's license then electrician which the Borough doesn't really need another level of bureaucracy. i.e. oiandthis doing new electricaladministrator obtai ed pthe tion. in fact the administrator's person is now already - 17 - L L 1 '1 tt ;f .4f r t; �y � 1 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 3, 1986 performing inspections now, 3) add a new paralegal in the legal administration departments Section 9., incorporates the 1986-87 budget of the Borough, as submitted to the Assembly with modifications including: Section 10, Part A. reflects removal of the new electrical administrator position monies and one-half time of the Emergency Management Director and adding in a new paralegal, then reduce the total wages allocation by an across-the-board 1% and freeze wages for two years. It was his feeling this would not effect any particular individual but would give the Mayor a total amount of wage monies to work with this year and the next years Section 10, Part B. overtime wages would be reduced by 90"» with these monies being used to institute a new account, Contract Personnel Services Contingency allowing the Mayor complete discretion on how its used. It was Mr. Nash s feeling that theoretically when overtime is paid, it is the same person doing the same job for time and a half. So, he Proposed theoretically more work could be accomplished by having a person and a half with the same amount of dollars. Another consideration he pointed out was everytime there is overtime, the total benefit package goes up - retirement, etc. for the employee, a consideration not provided for a contractual employee. Section 10, Part C. would eliminate general funds for the service area coordinator's budget. Mr. Nash's feeling was the Borough taxpayers have been subsidizing the program for two years since inception and setup of road service areas and now its time they stand on their own as other service areas now do. Section 10, Part D. provides for a procedural method whereby the budget could be reduced consistent with provisions of A. B, and C. Part E. eliminates complete physicals for Appendix A and Assembly employees. Part F. would add the paralegal position and monies. Part G. separates out the print shop as a separate budget item to provide better overview of the department and its effect on the overall borough operation. Part H. provides specific line item reductions representing $180.890 reflecting reduction of travel, and elimination of complete physical exams, reductions for items not adequately explained in descriptions and monies that were unexpended in the previous budget. Section 11, would provide an avenue for further action by the Assembly to reduce the budget. Section 12 is a proposal to amend KPB Code 5.04.060 to provide appropriation by ordinance rather than resolution and adds language to adopt the budget prior to setting the mill levy. Section 13. addresses emergency appropriations providing that they be done by ordinance rather than resolution and providing for public hearing, where there is no provision for hearing now. Section 14. If the Mayor is going to transfer more than 30% of the original budgeted amount into a particular line item, it should be done by approval of the Assembly. Section C. Monies for litigation reports, postage, printing, advertising, and personnel services would be dedicated only to those line items and the Mayor would be able to transfer unencumbered balances from one major budget item to another major budget group if in the same line item. Section 15. provides the ordinance would be effective July 1 except Sections 12. and 13., mill levy and emergency appropriations which would be effective immediately. ASSEMBLYMEMBER MC LANE MOVED TO AMEND ORD. 86-37, SECTION 1.. ADD/STRIKE: Line 1, ($55,578,5121 55 784 5121 LINE 4, School Maintenance Operations (4,548,6831 4ton) jo el minatio of5$75.000 for electrical administrator pos $55,784,512. Mr. McLane said this amendment includes a total wage freeze, elimination of the electrical administrator. Mr. Brown asked confirmation 1) that the transfer of debt service funds, $26,414,000 in Section 1. was a transfer and appears in Section 4. as an appropriation of the same amount. Mr. Barton said Section 4. appropriates the money out of the general fund and transferring it to the debt service fund to pay the debt service. 2) Section 1, provision of Transfers to Insurance and Litigation Fund of $2,500,000, but in Section 2. $1.650,000 is appropriated to Insurance Premiums and Litigation and asked for an explanation of the difference. Pres. Glick said $1.650,000 is expended with a reserve 13 - J KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 3 1986 '► balance which Mr. Barton confirmed would be for insurance claims. ! Per Mr. Browne inquiry Mr. Barton explained the unexpended $900,000 site in the accro ount until expended by the Assembly. 3g12 031r. g173n �! asked about Section 1. Transfers to School District. Mr. Barton explained the school district appropriation was done by separate ordinance and had to be done by June 1. Mr. Brown asked if he voted in favor of the McLane amendment, did it mean he couldn't + in favor of any of the vote Nash amendment. Pros. Glick said if the j McLane amendment were to pass, it basically takes the Assembly beyond ; the Nash amendment, making it moot, and then goes to the original motion - Ord. 86-37. Ms. Brown voiced support for the McLane tamendment. N - - �• 'ti Mr. Sewall asked if it would be possible to bring back portions of 'i the Nash amendment, in its present wording, for consideration. Pres. ; Glick said she thought it was possible if it were amending up or ' down. Mr. Boedeker said that was correct with the reservations that if it would directly undo what would be done by adoption of the McLane amendment, that would not be allowed. Mr. Sewall asked whether Mr. McCloud or the Mayor would like to provide testimony on 5 sition. Mayor Thompson elimination of the Electrical Administrator po said the individual 1n question took the exam after considerable -T - — study and is now doing the work so it seemed logical he should be L paid for it. U 1 Mr. Johnson said Mr. McLane eluded to a freeze, but he didn't see ►i where this was incor orated. Mr. McLane said in the dollars he had ►i f amended to, there are no monies for wage increases. Mr. Johnson complimented Mr. Nash on his efforts but he had a problem with the combination of many small issues that needed to be addressed + individually. ; } j Mrs. Walli asked where the $350,000 for ratification of the employees + .f contract stand in these appropriations. Mr. Barton advised there is no money included for the adjustment of $258,000 to the General Fund. 1, If the Assembly did accept the contract, the Assembly would have to appropriate an additional $258,000 or there would be an equivalent of a cut in the budget. Mr. Nash asked if voting on the McLane, would in effect entirely eliminate consideration of the paralegal position. Pres. Glick said if there were a motion to add in the paralegal, dollar figures would t have to be amended accordingly. Mr. Nash then asked what would be } precluded with adoption of the McLane amendment. Mr. Boedeker said as long abe address s the dollars weren't exactly the same, the appropriation twice Mr.aMcL ould not nnd e said for si plificae. Substantive itionnofcstating the amendment he was using Ord. 86-37 and what he was amending was the substitute that was on the floor, thus eliminating those provisions not q addressed in the Nash amendment. Mr. Boedeker said that was his 9 understanding of what the amendment was but he might have iT misunderstood. Mr. Brown raised a point of order asking confirmation that if the amendment were to effect Ord. 86-37 it m $55 778 29S to n e0�udmbe86-3f f 1 Ord. 86-37. Since the bottom line, , (Subst.) is different from the original $55,859,512 there is i confusio. It was his originaln nand simply removedmthession the amendment electrical administrator 1position the Pree. Glick asked Mr. Barton if when he gave corrected figures, was i he addressin the original. Mr. Barton confirmed this. Pres. Glick 1 then asked for corrected figures applied to the Substitute and she - pQrovided the corrected information: School Maintenance 0perof the - -- -- --- 54,420,014t Total $55,503,512. Mr. Barton advised Section 1. of the Substitute would read $55,784,512 ($75,000 subtracted for electrical i} administrator)► General Government Operationst $10,267,439► School j Maintenance Operationss $4.571,8981 Total $55,784,512, with adoption s of the McLane amendment. 14 + i .- 1 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 3 1986 Mr. Dale expressed the Assembly's confusion with figures put forth and applicability of the McLane and Naeh amendments, He voiced the individual amendments can desire that a strategy be developed whereby be considered to a very large budget. Mr. McLane clarified his intent as making an amendment to the amendment on the floor. In conferring with the Borough Attorney. he said if his amendment passed then the amendment on the floor (Nash s) amendmenthis is amended. I f would be on the floor for co siderationent called the ' Mr. Barton advised the figures he had provided add back in everything 1 the Nash amendment removed and then subtract $75,000 for the 1 electrical administrator position. Mr. Skogstad said while he understood what Mr. McLane was attempting to do he would vote against the amendment. He wished to vote on an - nd wasn't certain adopting item by item basis on the Nash amendment a the McLane amendment would allow this. Mr. Crawford stated he would like to see the ultimate simplification if the body by voting down both the Nash rind McLane amendments and desired amending provisions of the Nash amendment to the original ordinance, 86-37. ASSEMBLYMEMBER CAREY MOVED THE ASSEMBLY POSTPONE ANY FURTHER DISCUSSION ON THE BUDGET, ORD. 86-37 AND THE OTHER FISCAL 86-87 BUDGET ORDINANCES UNTIL JUNE 5, 1986. ASSEMBLYMAN MOORE ASKED UNANIMOUS CONSENT. - Pres. Glick asked Mr. Carey how his motion differed from the other failed postponement motion. Mr. Carey said the previous postponement only addressed Ord. 86-37.NG i YES, OF 8 THE C77 No; Wall i AREY MOTION TO Johnson, Mullen, Crawford, Gli ki McLane andEKeene voting No. Mrs. Walli asked if the McLane amendment adds back on dollars for the supervisory lead electrician amendment removed by ns the the McLane 1 tus amendment. the Nash amendment amendment n ment which provides removal of tai quothese moniesand } adds nothing back in. t n i ASSEMBLYMEMBER BROWN MOVED THE PREVIOUS QUESTION (ending discussion i and calling for the vote). j CARE RAISED A POINT ASSEMBLYMEMBER CAOF PROCEDURAL INQUIRY. Pres. - Glick asked that state his point. Mr. Carey believed there was an .� improper ruling on the last motion, in that he believed the motion (to postpone) was a procedural motion on the agenda not a legislative - - motion to enact. He then quoted procedural rules, The exception to the requirement of nine (9) is other statutory or ordinance l; requirements are procedural matters which not being legislative otherwise require the majority rather than legislative which require nine." ASSEMBLYMEMBER CAREY ASKED A RULING ON THE MOTION WHETHER TY, OR WAS IT LEGISLATIVE PROCEDURAL, REQUIRING ONLY A MAJORI REQUIRING NINE VOTES. ; -` Pres. Glick advised she had alreadv ruled the motion to postpone --- •-- - ----- ------ - failed, although she could be overruled. 4 L+ . ASSEMBLYMEMB£R MOORS CHALLENGED THE RULING OF THE CHAIR ON FAILURE OF -� - ;, —-----------4 THE CAREY MOTION TO POSTPONE. {i THE RULING OF THECHAIR WAS UPHELD ON A VOTE OF 9 NO, 6 YES TO j y; OVERTURNS Nash, Brown, Moore, Carey, Dale and Fandel voting Yes. j THE BROWN MOTION TO MOVE THE PREVIOUS QUESTION FAILED ON A VOTE OF 8 ' YES, 7 NOy Walli, Johnson, Mullen, Sewall, Carey, Fandel and Keene voting i �a. -15- a y F n Li 1 i S1 l KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 3, 1986 Mr. Mullen said he felt the McLane and Nash amendments should be voted down and he concurred with Mr. Crawford's proposal to go back to the original ordinance and amend, Mr. Keene said he felt if the Nash amendment were voted down, the Assembly couldn't then address those items incorporated in it. He suggested voting down the McLane amendment and then addressing the Nash amendment item by item. ASSEMBLYMAN MC LANE WITHDREW HIS AMENDMENT AND MOVED THE PREVIOUS QUESTION ON THE NASH AMENDMENT. THE MOTION TO MOVE THE PREVIOUS QUESTION FAILED ON A VOTE OF 9 NO, 6 YESI Nash, Walli, Johnson, Mullen, Crawford and McLane voting Yea. Mr. Sewall asked reclarification whether defeat of the Nash amendment would prevent individual item consideration of the Nash amendment. Atty. Boedeker advised as long as the dollar amounts were not identical items could be considered. ASSEMBLYMEMBER BROWN MOVED TO DIVIDE THE QUESTION ON THE NASH AMENDMENT TO ADDRESS EACH SECTION INDIVIDUALLY. Pres. Glick told Mr. Brown she believed the motion would be out of order as the whole ordinance is before the body and each section is eligible for amendments to it. ASSEMBLYMEMBER MOORE MOVED TO DELETE SECTION 10.(C), ROAD SERVICE AREA COORDINATOR, FROM ORD. 86-37 (SUBST.). Mr. Brown said he simply could not continence taking $143.110 out of repairing roads and put it into hiring additional personnel and it was incredible the idea was even being contemplated. Mayor Thompson spoke in favor of the Moore amendment in that this transfer of funds had been done after a great deal of work and coordinated agreement with the affected road service areas to give them the service they want. In response to previous comments that these road service areas were the only ones being funded by the Borough, he advised this was incorrect as the Borough legal and finance departments do work for other service areas as well and aren't funded by those service areas. Mr. Nash responded to the Mayor's assertion that general funds are being used for other service areas, stating he felt this needed to be cleared up. He said Mr. Barton had explained to members a number of times upon addressing service area budgets that no general funds are appropriated to service areas except the roads. Mayor Thompson said Mr. Nash was correct but this is the only service area that is not paid for by taxes but 100% by the State. The other service areas are given administrative time which is not budgeted directly. THE MOORE AMENDMENT FAILED FOR LACK OF A MAJORITY ON A VOTE OF 8 YES, 7 NOt Nash, Brown, Crawford, Glick, Dale, Fandel and McLane voting No. ASSEMBLYMEMBER KEENE MOVED TO DELETE SECTIONS 12, 13, 14 AND 15 FROM THE NASH AMENDMENT. Mr. Keene said although he felt the adjustments of these sections needed to be addressed, they should be handled at another time so the actual budgeting and money matters could be dealt with. ASSEMBLYMEMBER NASH RAISED A POINT OF ORDER STATING ELIMINATION OF SECTION 15. WOULD ELIMINATE THE EFFECTIVE DATE, r advised the KPB Code of Ordinances provides that ekes effect immediately upon adoption if there is no specified, resulting in implementation July 1. - 16 - L 7 f + KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 3, 1986 4 4 7 i Mr. Skogstad noted that any deletions in the Nash amendment, merely " brings the body back to the onginal ordinance provisions which i ii provides effectiveness July 1, 12s01 a.m. k ASSEMBLYMEMBER BROWN MOVED TO DIVIDE THE QUESTION ON THE KEENE „ AMENDMENT. Mr. McLane advised he would vote no on division of the question and ' .�s on the Keene amendment and urged getting on with the budget consideration. Pres. Glick advised members they would be voting on each of the sections separately as any member may request such division without having to call for a vote. 1. ' Mr. Skogstad asked that Mr. Nash withdraw his amendment and the Assembly start from scratch with the original ordinance, 86-37, in of wasting time with these amendments. Mr. Nash declined withdrawing his amendment. i t THE MOTION TO DELETE SECTION 12 FAILED ON A VOTE. OF 9 NO, 6 YESs _ Brown, Walli, Crawford, Glick, Dale and Keene voting Yes. 1; THE MOTION TO DELETE SECTION 13 FAILED ON A VOTE OF 9 NO, 6 YES; ,! Walli, Mullen, Carey, Glick, Dale, and Keene voting Yes. Prior to the vote on deletion of Section 14, Mayor Thompson voiced " opposition to the section dealing with unencumbered balances. He y said this would create a problem. Currently, he said the Mayor can only transfer within a department. He felt the provisions would ,.r... require the Assembly to address transfers which are administrative ,k l functions and would remove required flexibility for administration. f Mr. Nash noted SAID Item C. provides monies cannot be transferred from one line item to some other line item. He said if 30% appears I too low, perhaps it should be changed. THE MOTION TO DELETE SECTION 14 FAILED FOR LACK OF A MAJORITY ON A { VOTE OF 8 YES, 7 NOs Nash, Brown, Walli, Carey, Fandel, McLane and l Keene voting No. X THE MOTION TO DELETE SECTION 15 FAILED ON A VOTE OF 10 NO, 5 YESs s Johnson, Carey, Glick, Dale and Keene voting No. ASSEMBLYMEMBER BROWN MOVED TO AMEND SECTION 1. OF ORD. 86-37 (BURST.) t PROVIDING GENERAL GOVERNMENT OPERATIONS: $6,000,0001 SCHOOL MAINTENANCE OPERATIONS $2,000,0001 AND THE INSURANCE AND LITIGATION FUND $1,000,000. Mr. Barton advised the total, with adoption of the Brown amendment, ". would be S47,445,175 appropriation with a difference of $8,333,120. Mr. Brown said while the amendment might appear frivolous, his desire was to lower the mill levy. Mayor Thompson said he wanted to state this would not be a "savings" to the Borough or Borough people and he thought they should realize this. The amendment would cut out the self-insurance, schools :. wouldn't be properly maintained, etc. costing a great deal more. THE BROWN AMENDMENT FAILED ON A VOTE OF 14 NO, I YESs Brown voting _ ....._ Yes. ASSEMBLYMEMBER MC LANE MOVED THE MEETING BE ADJOURNED. �I Pres. Glick said a motion to adjourn is always in order but the Boedeker attorney said certain items have to be addressed. Atty. said in the Code of Ordinances there is provision that prior to i adjournment, public comment is given. 4 1 - 17 - L L 7 y• r - I KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUKE 3 1986 Aasemblymember McLane said it was his intent to include public comment as per ordinance provision prior to adjournment. he comment Glicasked if there were subsequently the Assembly would vmember ote ton adjournment. ied to Parliamentarian Carey advised the proper sequence would be to vote on the McLane motion and if it passed. public comment would then be taken. Atty. Boedeker concurred. THE NT EVAILED OTEMOF 1111 YES, 40NOT Brown,URN AFTER PUBLIC Walli, Crawford and SewallRN A voting No. Pres. Glick asked if there was public comment and there was none. (d) Res. 86-80 "Providing for Executive and Administrative a ary alignments for Certain Borough Staff Exempt from the Collective Bargaining Agreement. (Mayor) (e) Res. 86-81 "According Equal Treatment as to Wages and ens is of Certain Employees Excluded from the Collective Bargaining Agreement Between the Borough and the Kenai Borough Employees Association." (Mayor) (f) Rotween t2"Ratifying eBoroughand theCollective BoroughBargaining EmployAgreement yees Association for Fiscal Years 1986-87 Through 1988.89." (Mayor) (g) Ord. 86-38 "Making Appropriations to the Service Areas n t e orough for Fiscal Year 1986-87" (Mayor) (h) Ord. 86-39 "Amending KPB Chapter 5.18 to Provide xempt ons from Sales Tax for Food Purchased with Food Stamps in Order to Comply with Federal Statutes (Carey) (1) Ord. 86-40 "Amending KPB Chapter 5.18 to Provide Exemptions rom a es Tax" (Carey) J. INTRODUCTION OF ORDINANCES (a) Ord. 86-44 "Amending the KPB Chapter 5.18 to Authorize t e Feat on, Recording, and Notice of Lien on Real and/or Personal Property to Secure Payment of a Sales Tax, Plus Interest, Penalties, and Administrative Costs in the Event of Delinquenggcy." (Mayor) (b) Oery ce-4reaAtorbeFRepaid inSThree, $15000 to e000ar Creek Fire installments from the Tax Levies of Fiscal 1987. 1988 and 1989." (Sewall) (c) Ord. 86-47* "Establishing a New Chapter 5.09 to the Kenai en nsu a orough Code, for instructions Specifying the Form and Procedures for the Submission of a Complete and Acceptable Bid" (Brown) *Added for Introduction Unanimous Consent Ord. 86-47 (Subst.)* "Establishing Bid Procedures to u re t eqe resence of the Public Works Director, the Finance Director, and the Borough Attorney or His Designee at all Bid Contracts for Major Bond Issue Projects Over $500,000 to Determine Qualifications of Bidders and Requir((Wallisng Strict & McGahan)Co*Addedeforith All Bid introducti introduction Consent - 18 - L L a] 1 _ t KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 3 1986 K. CONSIDERATION OF RESOLUTIONS �(( (a) Res. 86.79 "Setting the Rate of Levy for Real and 1 tt eraona ro ert Taxes for the Kenai Peninsula Borough iP t' and for Service Areas Within the Borough for the Tax Year 1986." (Mayor) L. PENDING LEGISLATION 1 (This item lists legislation which will be addressed at a later time as noted; not for action this meeting.) ` (a) Ord. 86-8 "Repealing Chapter 3.041 Enacting Chapters 3.06, 3.08, 3.10. 3.12. 3.14, and 3.16 and Amending/ Deleting Other Provisions Contained in the Kenai } Peninsula Borough Code to Conform with Title 3" (Mayor) a .... _.o ....... :< POSTPONED TO 6/17/86 f( — -?: (b) Res. 85-161 "Approving the Terms of the Agreement jj Between Florence and Lawrence Lancashire and the .. Kenai Peninsula Borough for the Acquisition of i t Right -of -Way on Sport Lake Road" (Mayor) POSTPONED (c) Res. 86-27 "Authorizing a Negotiated Land Sale of i Borough Patented Lands Described as Lot 15, Section 30, Township 5 North, Range 11 West, Seward Meridian Alaska Robert L. Schmidt" (Mayor) POSTPONED :. •�; (d) Res. 86-28 "Requesting the City of Kenai to Resume t 1` Powers for Solid Waste Collection and Disposal" (Glick) POSTPONED M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA j N. MAYOR'S REPORT i (a) Emergency Management Director's Report - Benzine (b) Legal Status Report t i 0. OTHER BUSINESS P. ASSEMBLY AND MAYOR'S CO)!MENTS Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT -a CONTAINED IN THE ASSEMBLY'S AGENDA R. INFORMATIONAL MATERIALS AND REPORTS S. NOTICE OF NEXT MEETING AND ADJOURNMENT (June 17. 1986) -L- Pres. Glick advised the next meeting will be on Thursday. June 5th at 7:30 p.m. and adjourned the meeting at 12.00 a.m. Date approved July 22. 1986 _ - y e ty Ck, ASSeMDLY President ATTEST: er oroug .l 7 - 19 - L n KENAI PENINSULA BOROUGH SPECIAL ASSEMBLY MEETINC- JUNE 5, 19861 7:30 p.m. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATIONt Assemblymember David Carey Z,-Nr--V-a8 Page No. 1 1 1 1 D. ROLL CALL E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 86-81 "According Equal Treatment as to Wages and Excluded from the ene is of Certain Employees Collective Bargaining Agreement Between the Borough and the Kenai Borough Employees Association." (Mayor) I. ORDINANCE HEARINGS (a) Ord. 86-37 "Apppproppriating Funds for the Borough for Enactd sca ear 1986-8,, (Mayor) (b) Ord. 86-38 "Making Appropriations to the Service Areas 1986-87" (Mayor) 14 Enactd n the orough for Fiscal Year (c) Ord. 86-39 "Amending KPB Chapter 5.18 to Provide Tax for with Food ExemStamps 15 Enactd Co ply withFood Federalchased insfrom Order to1es Statutes" (Carey) (f) Ord. 86-40 "Amending KPB Chapter 5.18 to Provide 15 Failed xempt ona from Sales Tax" (Carey) J. INTRODUCTION OF ORDINANCES (a) Ord. 86-44 "Amending the KPB Chapter 5.18 to Authorize 86-4 on, Recording, and Notice of Lien on Real 16 Hrg t e and/or Personal Property to Secure Payment of a Sales Penalties, and Administrative Costs 7/g2 Tax, Plus Interest, in the Event of Delinquency." (Mayor) K. CONSIDERATION OF RESOLUTIONS (a) Res. 86-79 "Setting the Rate of Levy for Real and Personafor 16 Adptd Withinthe theKenai Boroughnforula theBTaxugh ServicetAreases Year 1986." (Mayor) (b) Res. 86-80 "Providing for Executive and Administrative 10 Adptd Salarytfment((Mayor from the CollectiveBargaining Agree ." (c) Res. 86-82 "Ratifying a Collective Bargaining Agreement Borough dthe Kenai Pl9$8e89." 11 Association for FiscalYears1986-87rThrough MTAled (Mayor) L. PENDING LEGISLATION at addressed (This a actionwill forwhich noted, notlegislation timelists thisemeeting meeting.) lateritem (a) Ord. 86-8 POSTPONED TO 6/17/86 (b) Res. 85-161 POSTPONED ( Res. 86-27 POSTPONED d) Res. 86-28 POSTPONED 7 M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA N. MAYOR'S REPORT 0. OTHER BUSINESS p. ASSEMBLY AND MAYOR'S COMMENTS �PUBLIC CCOMMENTS ANDPUBLICICPRESENTATIONS UPON MATTERS NOT CONTAINED DA R. INFORMATIONAL MATERIALS AND REPORTS S. NOTICE OF NEXT MEETING AND ADJOURNMENT (June 17. 1986) I' 1 , i � I i i I r OV 7 ,i r { r' 4 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING JUNE 5, 19861 700 p.m. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER Pres. Glick called the meeting to order at approximately 7:30 p.m. B. PLEDGE OF ALLEGIANCE. C. INVOCATION% Given by Assemblymember Carey D. ROLL CALL% PRESENT: Nash, Brown, Walli, Johnson, Mullen, Crawford, Sewall, Moore, Carey, Glick, Dale, Skogstad, Fandel, McLane, Keenei Mayor Thompson, Admn. Asst. Best; Atty. Reeves; Finance Director Barton, Asst. Finance Director Kinney; 'Treasurer Semmens; Dpty. Borough Clerk DeLacee EXCUSED- There was no objection to granting Mrs. McGahan an excused absence. Pres. Glick advised Assemblymembers items not taken care of at the adjourned June 3rd meeting would be before the body at this meeting. She said her original intent was to recess on the 3rd and reconvene the 5th. However, after researching Mason's when a meeting is adjourned there is no carryover. Therefore, th s meeting would be a new meeting. Pres. Glick asked if there were any objection to the order of business which was as approved on June 3rd. Mrs. Walli asked since there had not been an opportunity to ratify the Borough empovees' contract and it would impact the budget, would it behoove lthe body to move consideration of the contract prior to Ord. 86-37? Pres. Glick indicated the order of business on the 3rd was to address Resolutions 86-80, -81, and -82 prior to the budget because they do impact budget preparation. Pres. Glick indicated she was open to suggestions. ASSEMBLYMEMBER WALLI MOVED CONSIDERATION OF RESOLUTIONS 86-80, -81 and -82 TO CONSIDERATION PRIOR TO ORD. 86-37. Mr. Nash stated opposition as he felt the Assembly should be looking at what would be the total amount of money, Ord. 86-37, first and then address the other appropriations bills. Mayor Thompson indicated the employees' contract should be taken up prior to the service area budgets because they could be effected. THE WALLI MOTION FAILED ON A VOTE OF 8 YES, 7 NO; Nash. Brown, Johnson, Mullen, Sewall, Moore and Fandel voting No. ASSEMBLYMEMBER MOORE MOVED CONSIDERATION OF ORD. 86-38 PRIOR TO CONSIDERATION OF ORD. 86-37. ASSEMBLYMEMBER MOORE WITHDREW HIS MOTION. ASSEMBLYMEMBER MC LANE MOVED THE PREVIOUS QUESTION ON THE NASH SUBSTITUTE, ORD. 86-37 (SUBST.). OUT OF ORDER.* *Pres. Glick advised Mr. McLane his motion was out of order as the June 3rd meeting had been adjourned and everything not addressed at that meeting expired on that agenda. Therefore, this meeting, was a new start up agenda for consideration. I. ORDINANCE HEARINGS -37 "Appproppriating Funds for the Borough for Tear 1986-87 (Mayor) -I- Is 0 J�M911 4 - ; S' u ;f I: KENAI PENINSULA BOROUGH SPECIAL. ASSEMBLY MEETING_JUNE 5, 1986 Pros. Glick asked for public comment on Ord. 86-37. Pat Porter Kenai Senior Citizen Center Director, called the esem y s attention to Memo 86-95 which she said was in error. The $5,000 base allocated to each senior center as a basic account fund was deleted last year and appeared in this memo. She said it should not be listed as the Task Force Committee last year agreed to drop that listing. She also raised exception to information that stated the Soldotna organization is made up of Soldotna, Ridgeway, Sterling and one-half of Kalifornsky and the Kenai organization consists of City of Kenai, Kalifornsky, Salamatof, Nikiski 1, Nikiski 2 and Tustumene precincts. She questioned who had determined the areas and found the Soldotna seniors had chosen to service the listed precincts giving a service count of 457 elders. She said Kenai is currently serving the Kasilof area and has been for over a year including transportation, etc. She felt a fairer way to distribute the monies would be to take the Ridgeway, Kalifornsky and the Tustumena total elder population, divide this figure in half, giving half to Kenai and half to Soldotna. She felt these affected elders would be making a choice about which town they would drive to because the area borders both towns. She reflected Kenai is a multi -purpose senior center and Soldotna is not proposing to start with a multi -purpose center. Thus, she felt Kenai would be more heavily utilized for transportation and information referral to aid through various agencies. She said Kenai would still have to drive through Soldotna in order to pick up elders in half of Kalifornsky as the most cost-efficient circuit. Otherwise if they were to drive from the city limits of Kenai, drive back to Kenai, drive half -way to Kalifornsky Beach area the expense would be much greater. She requested that if the Finance Director and the Assembly agreed with the population formula, she would like to have that in the form of an agreement. Mr. Mullen asked about Ms. Porter's reference to "start-up money" Ms. Porter indicated she had worked on a Task Force Committee with Jim Skogstad which had decided to drop the $5,000 annual "base" money and instead go to a per capita distribution. There is a one-time "start-up grant" provided to senior centers. Mr. Carey stated the Older Alaskans Commission met and he had attended. One of the things the Chairman requested was if the Borough could provide before... ASSEMBLYMEMBER CRAWFORD RAISED A POINT OF ORDER QUESTIONING WHETHER THIS DISCUSSION WAS ON THE AGENDA. PRES. GLICK SUSTAINED HIS POINT OF ORDER. Pres. Glick asked if there were any other public comment on Ord. 86-37. As there was not, Pres. Glick closed public hearing. ASSEMBLYMEMBER CRAWFORD MOVED ENACTMENT OF ORD. 86-37. ASSEMBLYMEMBER MC LANE MOVED TO AMEND ORD. 86-37 TO CHANGE THE TOTAL APPROPRIATION IN SECTION 1. TO $55.784,512; SCHOOL MAINTENANCE OPERATIONS TO $4,571.898. Mr. McLane said the amendment contains the $75,000 reduction for the electrical administrator he felt wasn't needed. It was his feeling other amendments had tried to amend job descriptions, adding positions, contracting overtime, physical examinations, transfer of funds by line item, wage freezes, etc. He said this was a funding ordinance appropriating funds for the FY86-87 and these other items can be handled by other resolutions/ordinances. ASSEMBLYMEMBER NASH TO AMEND ORD. 86-37 TO ADDRESS ORD. 86-37 (SUBST.) AS AMENDED, DELETING ALL REFERENCES TO THE EMERGENCY MANAGEMENT DEPARTMENT IN SECTION 10(A); SECTION 10(B) DELETE 90% OVERTIME REDUCTIONt ADD 25% OVERTIME REDUCTION; SECTION 100). ADD: "That the bud et resented to the Assembl is reduced b S180STRIKE �'rtm�E'f'3o%]. ADD 40%. -2- L. C. r •; P n r, t. x - t -- — - - - - I �n •. KENAI PENINSULA BOROUGH SPECIAL ASSEMBLY MEETING JUNE 5, 1986 ASSEMBLYMEMBER BROWN MOVED TO DIVIDE THE QUESTION ON THE NASH AMENDMENT. Mr. Nash stated he had introduced the amendment with these changea, so he was introducing the Substitute with these changes. Pree. Glick t J replied Mr. Brown had asked for a division of the question which was legitimate. ASSEMBLYMEMBER MC LANE RAISED A POINT OF ORDER STATING THE NASH AMENDMENT WAS TO THE MC LANE AMENDMENT AND BY DIVIDING THE NASH QUESTION THE BODY WOULD BE LOOKING AT A NUMBER OF AMENDMENTS RATHER THAN ONE. Pres. Glick said she recognized his point but Mr. Nash had pointed out that he would like to have whatever figures necessary to enact hie amendment. Instead of having the finance people come up with a total figure and then some portions and dependent upon adoption or failure, there would be continual readjustment. Pres. Glick repeated she felt the division of the question was legitimate as they could effect the bottom line dependent upon passage or non -passage. ASSEMBLYMEMBER MC LANE REQUESTED THE FIGURES ON THE PROPOSED NASH AMENDMENT ON THE FLOOR, DELETION OF ITEM 10(A). ASSEMBLYMEMBER SEWALL RAISED A POINT OF CLARIFICATION. Mr. Sewall said he believed Mr. Nash was introducing his original substitute but without that section referring to Emergency Management Office, therefore that was not an item in his amendment and not an amendment on the floor. Mr. Skogstad said he was under the assumption that Mr. Nash was deleting reference to emergency management only, leaving language regarding an electrical administrator and a paralegal for floor discussion. Mr. Skogstad spoke against the deletion of language regarding the Emergency Management Director as it was the only thing he could support in Section 10(A). In discussions with the Maintenance Director, it was indicated one of his electricians has become a state licensed electrician which is required of the Maintenance Dept. by the State. He felt the person should be rewarded with an increase due to his increased responsibilities and efforts, but not approving a position vacated by the electrician. Mr. Skogstad noted the Mayor had not recommended a paralegal. Mr. Brown said Section 10(A) reduces the budget by an amount budgeted for a electrical administrator, increases legal administration department's budget by an amount for a full-time paralegal. and further reduces the budget by an amount equal to 1% and freezes wages for a period of two years and thus he was in support of it. Mr. McLane said the amendment would be taking an unknown amount and would remove an amount for the electrical administrator, add back and unknown for a paralegal, lower it by 1% and freeze it for two years. He challenged the idea of voting in this way and refused to vote without dollar figures. Pres. Glick asked Finance Director Barton to supply figures encomppassing Mr. Nash's amendment. Figures suppplied: Section 1. $55.613.512; General Government Operations 510,173,3231 Total $55,613,512. ASSEMBLYMEMBER MOORE MOVED DIVISION OF THE QUESTION ON SECTION 10(A) OF THE NASH AMENDMENT. ASSEMBLYMEMBER NASH WITHDREW HIS AMENDMENT, ORD. 86-37(SUBST.) AND MOVED TO AMEND THE MC LANE AMENDMENT TO ADD ONE PARALEGAL POSITION. Mr. Nash stated there has not been personal property tax enforcement since prior to 1977 or '78. In February new legislation was enacted to do so but at there has not been requested reports as the -- -- Sogged down. -3- L L I i 0-1 i It KENAI PENINSULA BOROUGH SPECIAL ASSEFBLl' MEECING JUNF, 5, 1486 Mr. Barton advised the figures would be amended to: $46,763 ADDED TO BUDGET: Section 1. S55,906,2751 General THE MAYOR'S ADMINISTRATIVE Government Operations $10,314,2021 Total $55.906,275. .. is ASSEMBLYMEMBER MOORE VOICED OBJECTION THAT IF THE NASH AMENDMENT WERE AMENDMENT, RESULTING IN A VOTE ON TWO BEING ADDED TO THE MC LANE POSITIONS, HE WOULD REQUEST A DIVISION OF THE QUESTION. f, ASSEMBLYNEMBER MC LANE RAISED A POINT OF CLARIFICATION. He said the McLane amendment. body would be voting on the Nash amendment to the The Nash amendment only addresses one Position -- the paralegal, If j the Nash amendment were to pass or fail, the body would then address the McLane amendment with or without the paralegal. .-. THE NASH AMENDMENT TO THE MC LANE AMENDME% TO ADD A PARALEGAL POSITION WAS ADOPTED ON A VOTE OF 10 YES, 5 K0l Sewall, Moore, Glick, McLane and Keene voting No. l ,i =, ASSEMBLYMEMBER CAREY MOVED TO MODIFY THE RULES OF DEBATE. ON ORD. ONLY ONE AMENDMENT ON THE FLOOR FOR CONSIDERATION- `; 86-37, ALLOWING he He advised Mason's allows the procedure to be set for debate, and d some of the confusion. Mr. Skogstad asked �. believed th s wou avoid if that would prohibit amendment to the amendment under ------ consideration. Pres. Glick advised that would be the case. ASSEMBLYMEMBER MOORE MOVED TO AMEND THE CAREY MOTION TO PROVIDE LONG AS IT WAS THE SAME AMENDMENT TO AN AMENDMENT ON THE FLOOR AS ' SUBJECT MATTER. ry THE MOORS MOTION FAILED ON A VOTE OF 8 YES, 7 NO, Nash, Brown, Walli, Johnson, Glick, Fandel and McLane voting No. ASSEMBLYMEMBER MOORE REQUESTED UNANIMOUS CONSENT ON THE CAREY MOTION. THERE WAS OBJECTION VOICED. THE CAREY MOTION FAILED ON A VOTE OF 8 NO, 7 YESi Johnson, Mullen, Crawford, Sewall, Moore, Carey, and Glick voting Yes. ASSEMBLYMEMBER DALE MOVED TO REDUCE LINE ITEM 112050, EMERGENCY L TIME (approximate y MANAGEMENT DIRECTOR, TO portion 0/50federal mPOSITIOatch)N. $27,000/$13,500 Borough o Mr. Dale felt the office had been well run on a half-time basis in a no reason for year when there had been many disasters and saw increasing it to a full-time position. Mr. Johnson asked administration if this were left at one-half time how much overtime would be incurred. Mayor and a disaster occurred, Thompson responded there was no overtime allocated to this position. due the fact He indicated the reason the office had been well run to had worked full-time while being compensated at " Mr. Johnson half-time. He felt this position should be approved before any a, other. Mr. Johnson expressed opposition to the Dale amendment. i Mr. Brown also felt a full-time director was no needed. jMr. McLane and Mr. Sewall expressed opposition to the Dale amendment be looked at in the coming year, f and both proposed the office should with changes made accordingly if necessary but not on the :( appropriations bill. rr THE DALE AMENDMENT FAILED ON A VOTE OF 8 NO, 7 YES: Brown, Walli, - -- -- - Mullen, Carey, Dale, Skogstad and Keene voting Yes. 4----- ASSEMBLYME4IBER SKOGSTAD MOVED TO AMEND THE MC LANE AMENDMENT TO NUMBER 410010, ELIMINATION OF $65,000 TO REPLACE THE --- REDUCE ACCOUNT LEAD ELECTRICIANS POSITION VACATED BY ADDING THE ELECTRICAL ADMINISTRATOR'S POSITION AT $75,000. r ;i Mr. Sewall supported the intent of the Skogstad amendment, expressing who had become 1position icensed. He ' p was felt, h wever. crea ort for i on ofinanotherl lead electrician excessive. -4- L �1 r+� LA KENAI PENINSULA BUROUGH srECIAL ASSEMBLY MEETING DUNE 5 19�1 Mr. Moore asked clarification of what the current job description is for the individual being promoted to the electrical administrator's position. Admn. Asst. Best said the individual was an electrician at electricala Level 18 and the administrator's Appendix A at a straight$46 000 annualsalary, no ovposition was an overtime. Mr. Nash voiced opposition to the Skogstad as he felt it was appropriate for the body to decide on creation of a new administrative position it was inappropriate for the body c decide whether a "working" position is eliminated perhaps reducing the effectiveness of the administrator's job description twhich de ineator ed Thompson working" tasks, the Mr. Brown stated the Skogstad amendment was not tolking and he about bout eliminating a position but giving someone a pay couldn't see it. ASSEMBLYMEMBER NASH ASKED IF IT WERE APPROPRIATE TO ASK THE MAYOR HOW HE FELT ABOUT ELIMINATION OF THIS POSITION. Pres. Glick reflected it was the Assembly's prerogative to set the budget, however, and then the Mayor has to deal with it. Mr. Nash agreed but wondered if the Mayor considered this a "postive" or "negative". Mayor Thompson said he settle with this. ON A VOTE OF 8 YES, S7 NOS, Nash, B own, FAILED. Dalp, Fandel, MCKING A cLane and Keene voting No. Mr. Fandel felt the Assembly had possibly lost sight of what its here to do. He indicated in talking to people on the street, not one had asked him to go into the budget and do line item control suggested even hough the Assembly has that power. People have were comfortable with a three (3) mill levy - never speaking of dollars or anything else. ASSEMBLYMEAPPROPRIATIONS END THE MAYOR'S BUDGET BY REDUCING Mr. Fandel said the reduction would result in an a proximate three (3) mill levy and then the Mayor would have to adpjust accordingly withoumillion dollars "slush" fund line and item he ididn't thinkut. He s it ned there in a� necessary taxpayer expense. He said the $4,000,000 reduction would be in effect giving back every borough resident $100 to put back into the economy. I there were not enough funds for operation, it was his feeling the Borough can go to the bank as businesses do and borrow against anticipated revenues. Mr. Brown asked Mr. Fandel if it were his intention to spend the money in the bank this year to fund the proposed three (3) mill levy rate. Mr. Fandel responded it was not his intent to do anything with the balance of the general fund, that was up to administration. n in iteCbutc he he said Assemblytwashe ggoingl t fund have stoadeal with the fact d as much $14 othat taxes will have to rise and/or monies in the general fund will run out. r. Browto simplyMreduce a $55dmillion �dollar ation tbudget tohat Mr. a $511million ts and Mr. Fandel confirmed this. Mr. Brown expressed his support. statedMr. Moore in half and force himto do at Mayor's substandard job and he felt the proposal ludicrous. Mr. Dale observed a body reviewing a budget has two options - a surgical approach or a "nuke" approach. He felt when the first can't be accomplish, the second is what has to happen although the first is preferable. Mr. Keene noted Mr. Fandel's statements about what taxpayers want should be qualified with the fact that voting taxpayers had put the Borough in this position with their approval of school bonded indebtedness. He noted the operating budget was down from last year and the majorit endf icaritals wprojectsthe approved budget, voters• appropriated, P bb -5- L 1 - - 4M KENAI PENINSULA BOROUGH SPECIAL ASSE`'BLt `:FETING .TUNE 5, 1986 A$SEMBLYMEMBER MC LANE MOVED THE PREVIOUS QUESTION, LIMITING DEBATE SEMBLYMEMBER MAND OORE ASKED UNANIMOUS CONSENT AND THERE WAS NNO OBJECTIONS THE FANDEL AMENDMENT FAILED ON A VOTF OF 13 NO, 2 YEST Brown and ri Fandel voting Yes. MOVED THE PREVIOUS DON, LIMITING DEBATE AMENDMENT. ANDFCALLLIINNGBFORMTHELAVNOTE ON THE MC LAM AMENE THE MC LANE MOTION TO LIMIT DEBATE WAS ADOPTED ON A VOTE OF 12 YES, 3 NOi Brown, Walli and Moore voting No. THE MC LANE AMENDMENT, AS AMENDED, ELIMINATING THE ELECTRICAL POSITIONYES A8 PARALEGAL 7GA (Nash ammeendment) ASTOR NDEFEATED0ONAAD VOTEINOF Nash. Johnson, Mullen, Carey, Dale, McLane and Keenc voting Yes. ASSEMBLYMEMBER CAREY MOVED TO AMEND BY DELETION OF $132,480 FROM THE CODE 35s, FOR ALL BOROUGH BUDGET TO DELETE ALL CAR ALLOWANCES, EMPLOYEES INCLUDING THE ASSEMBLY. BER BRTO OWN MOVED O AMEND THE R MAMENDMENT EMBER CAR ALLOWANCES. ALLNREFERENCE DELETION OFF ASSEMBLY (Reducing the Carey amendment by $28.800.) Mr. Brown said his reason was that some members drive from Soldotna to have this and others don't. He said he couldn't afford eliminated. Mr. Sewall spoke against the Brown amendment and favored the Carey mileage amendment, noting assemblymembers received a generous He the original intent of the car allowances was to allowance. said provide for meetings attended other than assembly meetings. Mr. Moore expressed agreement with Mr. Brown and observed there is a what aseemblymembers are paid. including a codified ordinance showing car allowance. It was his feeling the car allowance is applied some unequally and is being used to hide the true compensation people are getting. Mr. Nash said he wasn't certain whether it would be appropriate to lease vehicles for borough employees who as part of their purchase or job requirement mu drive under adverse conditions. He didn t want although maybe that to start a whole new expenditure by buying cars, support for the Brown amendment. would be a better way. He expressed Mr. Johnson iifg Assembly should fool wiyith their administration s car allowances the didn't ave any the same roblem tasothepactualHeffect owt d use of ah withausing mileage to spend $150 on their cars per believe members were really required He stated he did have a problem with the $260 per month for month. administration. He voiced Mr. Fandel's sentiments that he'd rather deal with it. He expressed deal with one number and let the Mayor opposition to the Brown amendment. Mayor Thompson said there was provision in the employees' contract for these car allowances. THE BROWN AMENDMENT FAILED ON A VOTE OF 9 NO, 6 YES& Nash, Broom, Walli, Mullen, Moore and Dale voting Yes. ELIMINATE ON VOTE CAREYAMENDMENT CAR Mullen, Crrawford 3 McLane and AKeene , O Brown Walli OF 9 voting No. reuest Mr. Barton Totalpp 55,727,032jlied an uated total with Per Pres. adoption oflthe,s Carey amendment of U REDUCINGH$1.5 NT $54,22ND THE TOTAL D.032RTOTAL PRIATION TOTAL MILLION, EQUIVALENT -6- t i L KENAI PENINSULA BOROUGH SPECiAI. ASSEMBLY MEETING JUNE 5 1986 s i Mr. Moore stated the Mayor is charged with doing the day-to-day feeling that if the Assembly s business of the Borough and it was his couldn't pinpoint or identify where he is wrong, then the Assembly should supply the tools the Mayor needs. '> ASSEMBLYMEMBER MC LANE MOVED THAT THE BUDGET BE DEALT ON A LINE BY LINE BASIS STARTING ON PAGE I. Mr. McLane felt that if the Assembly can't come to a consensus on the it on a line by line Mayor's budget, they might as well deal with basis. Presidentruling eness of askedMr. Dale for a rintorder he McLane am ndment Glick saidit seemed itpwas as this was what had been basically done all evening. THE MC LANE MOTION FAILED ON A VOTE OF 13 NO, 2 YES; Brown and McLane voting Yes. ASSEMBLYMEMBER NASH MOVED TO SET A MILL LEVY AT 3.9 MILLS AND STRIKE - REMAINING PORTIONS OF ORD, 86-37. Mr. Nash said if a mill levy were set and the Assembly didn't deal with the udget is potenti llyudlimitedhen the by the 3.90 millbievy with et as a maximum availability the reserve in the general fund available. Pres. Glick advised Mr. Nash his motion was out of order as there was levy. Pres. Glick an agenda item, Res. 86-79, which sets the mill stated the Assembly was dealing with an appropriations bill and must set a dollar figure. Mr. Nash disagreed in that it was his intent to not set a dollar amount, but simply set a mill levy. ASSEMBLYMEMBER NASH CHALLENGED THE CHAIR ON THE RULING HIS AMENDMENT WAS OUT OF ORDER. ASSEMBLYMEMBER SEWALL MOVED TO UPHOLD THE RULING OF THE CHAIR. THE CHAIR'S RULING WAS UPHELD ON A VOTE OF 14 YES, 1 NO; Nash voting No. ASSEMBLYMEMBER CRAWFORD MOVED THE. PREVIOUS QUESTION ON THE JOHNSON CALLING FOR THE VOTE. THE MOTION WAS AMENDMENT, LIMITING DEBATE AND APPROVED BY UNANIMOUS CONSENT. THE JOHNSON AMENDMENT WAS DEFEATED ON A VOTE OF 10 N0, 4 YES; Nash, Brown, Johnson and Fandel voting Yes. -� ASSEMBLYMEMBER WALLI MOPED TO AMEND Ord. 86-37 BY REDUCTION OF ., MAINS462TENANCE OPERA000 TO: TIONSOTOR$4ENT .469,5677..T(4hmill levy equivalent) FISCAL YEAR. 8. mc PROVIDING�FORRA HIRINGNFREEZEEFORTTHEAFORTHCOMING Mr. Moore felt the McLane motion was out of order, noting regulation. It andwas ramifications on the employees contract pto cut ppersonnel tions it sed nbudgetew ifigures. his gbyfLeachanewished E should beedone cutting position completeowith Pres. Glick asked Mayor Thompson if these positions were transfers or his understanding these h new positions. Mayor Thompson said it was new new road administrator inspector, electrical 4 were positions: administrator, foreman. for maintenance in Homer. auto diesel a baler at Hamer and two - mechanical, data input clerk, part-time half-time positions in the Office of Emergency Management. ASSEMBLYMEMBER MC LANE MOVED TO WITHDRAW HIS AMENDMENT AS HE WAS IN FAVOR THE ROAD ADMINISTRATOR POSITION. SIFIRDALE C MENTEND O DELETE THE HALF-TIME INCREASE INTHE OFCEOFEMER EN Y MANAGEMENT MAKING THE SECRETARIAL POSITION FULL TIME. I -7- f L L j i } t KENAI PEN , 'SCLA BOROUGH SPECIAL ASSF.MBL'i MEETING JL'NF. ',, :9N6 Mr. Nash stated it was important the Office be accessibip for the be full time. Mayor Thompson said this , 1 public and that this position office deals with several government agencies in addition to the �t ! public and it was important this be a full time position to keep up. i E' Mr. Dale cautioned if not this year, then next year, the Borough was efficiently by operating with { ; going to have to learn how operate more ,�.. the same number of people even a reduction. ` Mr. Keene asked if the half-time position was a federal match 50/50. indicated half of the secretarial salary is approximately They Mayor $9,300 of the total $18,672. THE DALE AMENDMENT FAILED ON A VOTE OF 13 NO, 2 YES, Mullen and Dale ' voting Yes. ASSEMBLYMEMBER MOVED TO AMEND BY PROVIDING NO FUNDING FOR THE TWO (2) ' NEW POSITIONS, ' } Mr. Barton advised there are five new positions in the Maintenance over to Personnel Dept. Three (3) of the old positions were moved so he didn't know which two (2) positions he was referring to. a and Mr. Dale naked if were then five (5) new positions and three (3) three (3) } positions being transferred. Mr. Barton said there were When custodial positions. being trannferred so these were not new. reduced by these three (3). Maintenance added _ the Maintenance was five (5) new positions. Mr. Dale asked if he could then reduce those five (5) new positions by two (2) and then allow administration to the five (5) positions varying in •' handle. the reduction or were r. amounts. Mr. Barton confirmed they were at varying amounts. job have the jo Dale said he needed more information as he didn't descriptions for these positions. f: Pres. Glick said there would be a brief at ease to gather the v. 4 information. Y. y ASSEMBLYMEMBER DALE MOVED TO DELETE FUNDING FOR FIVF. (5) NEW I POSITIONS IN THE MAINTENANCE DEPARTMENT, s Mr. Moore asked if any of the positions was the veterans' emergency training positions. Administration advised no. Mr. Sewall asked Mt. Barton if the transferred custodians were doing through Personnel. Mr. Barton indicated they would be. the same job maintaining the Borough Administration Building and surrounding { { buildings and this was being done for control. Per Mr. Brown's re uest, Mr. Dale advised the new positions were: 1) in Homer to supervise six (6) workers, 2) an a general foreman electrical administrator, 3) a diesel mechanic. 4) a carpet installerlcarpenter, and a 5) data input clerk. Mr. Brown spoke the Dale feelingg the administration proposed these against proposal would positions to get job vaon felt saave run astheobs in the longthese moneor monevdone. Boroughbut not cost the Borough P. Borough had to go to outside contractors. Mr. Keene said there had been several months to identify positions. in the Homer area includes He pointed out the general foreman everything south of Tustumena. Ninilchik, Homer, Port Graham. English Bay, Russian Village, and Anchor Point. He said millions are being by the voters and to not spent on school facilities as appproved adequately maintain these is not fiscall wise. If this amount is cut out of his budget and also adopt the Walli cut amendment, nearly 10% would be cut out of the Maintenance Dept. budget would result in - disrepair of these facilities. _ Mr. Fandel spoke against the Dale amendment as he believed no member to cut in an single n of the Assembly had the expertise personnel department. It was his feeling the department head knows how many s i persons he needs. He again urged leaving personnel determinations to to cutting dollars. administration and restrict Assembly actions ASSgMBLYMED:bER ::OORE REQUESTED DIVISION ON THE QUESTION ON THE DALE AMENDMENT. } - i „ [r - ----- --- - — FENAI PENINSULA BOROu(;H iPF.C1A1ASSEMBLY �iFF - :'1C -JUNE S. 1911" IN DALE HOMER FAILED ONTO DELETE A VOTE OF FUNDING2 N0, FOR THE Sewallll, FOREMAN y,, andDale voting Yes. MECHANIC FAILED ON ATVOTE OF 12 FUNDING NO, 3 YES i Moore, Carey and DIESEL Dale voting Yes. THE DALE T TOFOR THE CARPE ING INSTALLER/ ARPENT ER FAILED ON A EVOTE OFU8QNO, 7 YES Nash, Mullen, Sewall, Moore, Carey, Dale and SKogatad voting Yes. UT DALE OFN12ENT NO, 3 YES DELETE Mullen, NG FOR Carey and Dale voting yes. FAILED H DLFT ONOF E ELECTRICAL ADALE WITHDREW HEPORTION OADMINISTRATOR. HTS AMENDMENTNDMENT DEALING WITE ASSEKBLYKEMBER MC LANE MOVED THE PREVIOUS OUESTION ON THE WALLI AMENDMENT. ONEMC A VOTENOF 12ION YEST03LIMIT NOI Brown. SewaEBATE ON llEandlLI KeeneEvolting No.NT WAS ADOPTED GENERAL GOVERNMENT OTHE WALLT PERA, ONS AND $231,000 FROM, SCHOOL NDMENT TO DELETE $462000,SF.AINTENANCEOOPERATIONS FAILED ON A VOTE OF 9 N0, 6 YES; Brown, Walli, Sewall, Carey, Glick and Skogstad voting Yes. ASSEMBLYMEMBER BROWN MOVED TO AMEND ORD. 86-37 BY REDUCING $1.3 SALARIES AND BENEFITS MIGHTIN ORDER AT A BE ACCOMPLISHED, E50,000 SALARY "CAP" ON ASSEMBLYMEMBER MOORE MOVED THE PREVIOUS QUESTION AND ASKED UNANIMOUS CONSENT. ASSEMBLYMEMBER CAREY RAISED A POINT OF ORDER NICTING THAT BECAUSE OF ENSUING LITIGATION ON THIS MATTER HE WANTED A RULING ON THIS MOTION WHETHER THE ASSEMBLY BY VOTING WOULD BE COMPROXISINC THE SITUATION. HE REQUESTED THAT MADAM PRESIDENT RULE THE MOTION OUT OF ORDER, AS A DECISION EWAS STILL PENDING PREJUDICE THE CASE SYA VOTE. COURTS, TS, AND HE DIDN'T WANT THE ASSEMBLY Attv. Reeves said he didn't think it would be a problem as the matter in litigation is whether it is a proper subject of an initiative petition and would not affect the Assembly s ability t, appropriate money. He believed these were two different issues and he believed the amendment was in order. Pres. Glick said based on the attorney's opirion she would rule the amendment in order, noting there had been a motion to move the revious limiting dand the vcalled question unanimous consent had been requested on l THE BROWN AMENDMENT FAILED ON A VOTE OF 14 NO. 1 YES Brown voting Yes. ASSEMBLYMEMBER MOORE MOVED TO REDUCE ALL POSTAGE, EXCEPT THE ASSESSING AND FINANCE THE SURE DEPARTMENT. BY TEN PERCENT ACROSS THE BOARD FORA C OF Mr Nash hgnoted the uses of postage generalized and must be epeand expressed the feeling the cut was Mr. Crawford stated he'd been waiting to see a legitimate cut proposal and hadn't see one. it was his feeling this little cuts just make it more difficult for Borough people to work smoothly in doing the jobs of the Borough. Such a cut would hardly impact the nill rate. He expressed the feeling the administration had done a good job on the bud5et. He said in all the years he'd been on Finance for Assemblyen them worle so hard and long on a considerati n -9- 1 -T KENAI PENINSULA BOROUGH_ SPECIAL ASSEMBLY MEETING JUNE i, 1986 THE MOORE AMENDMENT FAILED ON A VOTE OF 12 NO, 4 YES Brown, Moore. Carey, and Dale voting Yes.ASSEMBLQUESTION AND CALLING EF RC A VOTE LANE ON PREVIOUSVED THE ON ORD. 86-37, ASAMENDEDBYTHE ING DEBATE AMENDMENT. THE MC LANE MOTION WAS ADOPTED ON A VOTE OF 9 YES, 6 NOi Brown, Walli, Johnson, Mullen, Moore and Dale voting No. ORDINANCE 86-37, AS AMENDED, FOR A TOTAL APPROPRIATION OF $55,727.032 WAS ADOPTED ON A VOTE OF 10 YES, 5 NOi Brown, Walli, Johnson, Carey and Fandel voting No. (b) Res. 86-80 "Providing for Executive and Administrative a ary Assignments for Certain Borough Staff Exempt from the Collective Bargaining Agreement. (Mayor) Finance Chair Crawford advised the Committee hadn't hea time to review information regarding the resolution and so hadn't made a recommendation. ASSEMBLYMEMBER CRAWFORD MOVED ADOPTION OF RES. 86-80. on included s lmonieinquired pp benefits, as theyldiffered tions sfrom ted imonies n the Tlisted iin Ord. 86-37. Mr. Brown asked if the Deputy Clerk at $32,000 was a $2,000 raise. Pres. Glick said it was. Mr. Brown asked if any of the numbers represented in Section 1. included raises. Personnel Director CampbelHe saidltheid the Boroughisk hadMbeeneunablettonfillltheed a 0 00 increase. position at $40,000. ASSEMBLYMEMBER BROWN MOVED TO AMEND RES. 86-80, REDUCING THE DEPUTY CLERK'S SALARY TO $30.000 AND REDUCING THE RISK MANAGER POSITION TO S40,000. Mayor Thompson reminded the Assembly the Borough had been unable to fill the Risk Management position at $40,000. Mrs. Walli asked who was filling the position now? Personnel Director Campbell indicated currently the Borough is contracting on is daily basis. Mr. Barton was of the opinion that contracting full time would be more expensive than hiring a full time employee. Mr. Moore offered that he d been assigned to work in this area and if the Assemblyy wanted to save money, don't do it in the area of a Risk Manager. He noted with the holdings and vulnerabilities of this borough, trying to get a cheap risk manager was a pretty big risk. Per d the FireMServiceeAreanpositionsyor salariesson wouldvbeepartiallyreimRidgeway/Sterling reimbursed by the City of Soldotna. Mr. Nash asked if there were any general funds used to fund these positions. Mr. Barton said service area funds fund them. Mr. Carey stated he'd voted against increases all night, however, on this one he was going to make an exception. It seemed strange to him that the rai e, but there hadn't probablyd cut seemedto be aowest ns willingness to personaid little cut the high administrators' salaries. He found it amazing the amendment would take a woman, and most of the high administrators were men receiving high salaries and he wouldn't mention that women seem to be getting the low salaries, but now would say one of the lowest paid people would not be getting a small increase. He urged voting against the amendment. Mr. Fandel noted language in Section I. which says "the salary not to exceed" and didn't mean an automatic raise. THE BROWN AMENDMENT FAILED ON A VOTE OF 14 NO, 1 YES, Brown voting No. RESOLUTION 86-80 WAS ADOPTED ON A VOTE OF 13 YES, 2 NOt Brown and Carey voting No. -10- L AM I :i }� 'I Y Si w a .. - +S �. KENAI PENINSULA BOROUGH hVI IAL ASSE 1BLY }1F:E I!:( IUNF 19 (c) Res. 86-81 "According Equal Treatment as to Wages and ens is o£ Certain Employees ColExcluded from the thelKenaieBoroughning Employeesment Between Association."hBorough and (Mayor) Pros. Glick asked if there were public comment. Jocelyn Schade, Alaska Public Employees Association, responded to Free. Glick's inquiry as to why these positions were excluded from the employeee' contract. Ms. Schade indicated in the contract just neotiatesignates asexempt because confidentiality. eo re are certain positions which administration de Mr. Brown asked Ms. Schade if it was the position of the Association that these positions were to be excluded from the bargaining unit. Me. Schade said there may be some problems and they might be looked at in the future but had ro not requested 1uch. to r, Moore asked this if she were comfortable with p 149. Schade said if the contract were ratified there would be procedures but there are none now. ASSEMBLYMEMBER CRAWFORD MOVED ADOPTION OF RES, 86-81. RES. 86-81 WAS ADOPTED ON A VOTE OF 14 YES, 1 NOt Brown voting No. (d) Res. 86-82 "Ratifying n Collective Bargaining Agreement el een t e Borough and the Kenai Borough Employees Association for Fiscal Years 1986-87 Through 1988-89. (Mayor) Jocel Schade Alaska Public Employees Association, indicated there a been a of of work and she believed this was a fine agreement. The employees ratified the agreement by 827 last week. The biggest change in the contract was implementation of the classification system. She said understandably money was a big issue in these budget deliberations, however, employees opted not to push for across of their recognition of the Borough's the board wages because mplementation of this system would provide economic situation. But, i for an equitable system for the employees. She said the current system is haphazard at best and in fact there is no real system. T{tis provides big loopholes for abuse which is extremely expensive to the Borough. Per her understanding, the Assembly had allocated the money to do the study and she felt there`_ ore the Assembly recognized the need for the study. To not implement it at this point, would be evidence that the Assembly wished the current system to continue and she didn't believe that was �U the t would beseffected,for the employees tthe or the Borough. She only people majority of and he employees s ft rai systemses in favor of an equitable y plan Mr. Carey asked of the 70 employees, how manv would receive an actual wage increase. Ms. Schade said of the 142 employees, 70 would receive a wage increase. Mr. Johnson asked if any of the 142 would be adjusted down. Ms. Schade advise there was a freeze on three (3) positions% in other words, they fell above the maximum for the rangea. She pointed out the current system did not have "caps" or maximums, t. allowing the possibility for an individual to move up every year. range erss falling with them cthrough ld be frozen cost -of -living until (COLA) raises, which caught upph results in the entire range moving up. Mr. Brown questioned Ms. Schade about Article XXIII, Section IX, Annual Wage Increase, "Employees shall receive no acrlo oss erhandothe salary increase for the 1986/87 fiscal year. The emp Y association shall meet on or about January 1. 1987 and if necessary January 1, 1988 to negotiate across the board wage increases for subaeouent fiscal years occurring during the life of this agreement." He asked confirmation if the agreement were ratified ther at therecondicould be a meeting January 1, 1987, regardless of any Me. Schade confirmed there would be. He asked if the negotiations were limited to wage increases which Ms. Schade confirmed. He then -11- i KF.NAI PENINSULA BOROUGH SPECIAL ASSEMBLY ME£'[ING JUNF. 5 asked confirmation that the wages could not be reduced at this Schade indicated that would be part Of the i. negotiation session. Ms. negotiation process specifying a wage reopener means parties Ro in to to changing the i; discuss wages. He then asked if she would object words to reflect simply to negotiate wages" instead of saying to that negotiate across the board increases" Me. Schade reflected contract had been ratified by the ! wasn't her decision as this membership. • "j'• Mr. Nash asked about language in Section 2(A) I. that appeared to does this do in that the Assembly !i give car allowances. He asked what had just voted out car allowances and the contract provides for them. to the Me. Schade said she would have to get a legal opinion as if the contract were ii.. 1 ;; impact on the contract, Atty. Reeves said adopted, the Borough is then legally bound to pay the car allowance Mr. Nash read even though the Assembly did not ap ropriato funds. schedule for the bargaining unit for the i... information from a salary State of Alaska, adjusted to the Kenai area provided by Job Servicearea . information, regarding th office Kenai kills considered higher cot Accounting Clerks I, iI, and III, Clerks I, II, III, IV, and Vi Clerk had attempted to j; Typists I-II1 Legal Secretaries I and II which with Borough positions. He said even after taking +: cross-reference into consideration a State working week of 17.5 hours versus a it appeared to him the minimum salary Borough work week of GO hours, under the Borough contract for like positions was higher in every the State �LL category. He asked Ms. Schade if she were familiar with salary schedule for clerical positions. She responded she would have to look at each position individually but one thing to be considered government unit (GGU) employees get many was the state general benefits the Borough employees do not such as the Legal Trust Fund, She said initial contract proposal increased vacation packages, etc. a lot of the different benefits GGU employees get but this ;f .. included was eliminated at the tabl e. She advised that sometimes when you dealing with the entire look merely at base salary, you're not He if the Borough medical plan is better than the actuation. asked States, equal or less than. She responded it was slightly less than, but comparable. 1 (. Pres. Glick asked if there were any other member of the public hearing was closed. wishing to speak. There was not and the { -s.. i. Mrs. Walli reported the Local Affairs Committee met, went through the individual's personal concerns. There was no contract and discussed consensus or recommendation. F. 1 ASSEMBLYMEMBER WALLI MOVED ADOPTION OF RES. 86-82. Mrs. Walli stated to Attv. Reeves that she was under the impression Assembly, as a legislative body, could make changes to amend 1. that the the contract. Atty. Reeves said the contract, as ratified, is an The Assembly can either 3 offer of a contract from the Association. the offer of the contract or go back and bargain the contract back " accept to again. If the Assemblv makes a counteroffer, it would go be by the Association. Mrs. " neggotiation and would have to accepted Walli asked Aasemblymembera to turn to Article VII of the contract. Taft -Hartley Act a Membership Requirements, commenting that under the to join the union still has an obligation to worker who doesn't want pay dues and initiation fees. She felt there could be changes in deductions stating she languagge reggarding service fees and payroll should be specify whether these felt thetoindinonureligiouseenon-i non -labor charity. fees go Personnel Director Campbell asked that he might clarify a couple of he the Assembly couldn't start amending the . points. First, he indicated contract, but either accept it or reject it. Once amended, it would administration and the V no longer be the original document which employees had agreed on. Secondly, he said regarding Mrs. Walli's is bona fide concerns, as he understood them, number one if there a belong to an association there are provisions within the ! objection to contract to allow payment of a contribution to a charitable to be a i organization. Secondly, if an individual does not wish have to be but a service fee would be paid 3: member, dues do not paid -12- L L i.$L 7 r :i y r KENAI PENINSULA BUROUGH SPECIAL ASSFMhLy MEETING JUNK 5, 1986 by a non-member. He believed these provisions would address her concerns. Mr. Johneon spoke of salary ranges asking why they started with "6". Mr. Campbell said when consultants developed the study they took an arbitrary figure of $1250 as midpoint for the first level to assure no one would come in under that. They then went up enough ranges to make certain no one come in above a "19" level. The second step was to look at market average for jobs matching Borough positions and then "plug" the jobs in between the minimum/maximum. Mr. Johnson then commented on the Borough payment of 100% of the insurance premiums noting he felt it more realistic if a percentage of insurance were paid and the program were a participation program. He noted there were surely spouses already covered by the same type program, resulting in double coverage. He felt the $270 per month car allowance with thirty-five (35) cents mileage allowance and a $18 dinner were a little heavy. He spoke against ratification noting by elimination of the administrative car allowance there had been a decrease and the contract should be sent back with the message that a decrease was in order. mblymember Walli said she didn't know why the Assembly was here Tthey were not able to make counterproposals, suggestions or recommendations. Mr. Sewall asked if language stipulating use of a personal vehicle 50% of the time on Borough business would be eligible for car allowance if approved by the Mayor, had actually been used or were there people receiving car allowance who haven't actually displayed 50% use. Personnel Director Campbell advised currently ten (10) classified employees receive car allowances who are almost all engineers dealing with contract compliance, appraisers, etc. He also express concern over language which seemed to locked in negotiation of wage "increases". Mr. Brown advised he was going to vote in favor of Res. 86-82 although there was nobody who was more strongly motivated to cut government and costs. He was content and confident that in January this contract could be renegotiated. He stated the wage scales were not out of line with the wage scale of the administration or the teachers or administrators of the school district. Mr. McLane asked administration about explanation of point minimums and point maximums. Mr. Campbell said the study was based on a market average approach and in essence if a Borough job had market data available or fell with in a job ladder or family the study went with the dollar figures. The point maximums/minimums were a secondary point classification procedure in case the job is not really relateable to market figures or doesn't fall within any particular job family. He cited, for example, solid waste baler operator which has no data available. In that case the secondary point system was used whereby certain points are assigned based on knowledge, education, responsibility, etc. Mr. McLane then inquired about the "cost of implementing', $351,311, on the Personnel memorandum to the Assembly. Mr. Campbell said 70 of these employees would not necessarily be getting new classifications but some kind of increase due to the implementation agreement. He said essentially it was agreed that everyone below the control point, the market average being paid to satisfactory employees, was to be increased somewhat. Mr. Campbell said there was no across the board increases and the 70 positions ranged from substantial to minimal increases. Mayor Thompson said in the long run this agreement would be beneficial to everyone. However, he doubted whether the Assembly could ratify the contract as thev had removed car allowances. He advised he had every intention of vetoing the Assembly's action to remove the car allowances. Atty. Reeves said in his opinion if the Assembly ratifies the contract, then the Assembly has contracted to pay car allowances although there is no appropriation. Persons having a contractual right to these allowances could bring an action against the Borough for payment. He said he would not suggest ratifyingg a contract with this "hanging over" them, but he did think it possible the Assembly could change that attachment to the -13- L l �l L Al t _ 1 t {t� fr, _ KENAI PEti'_:5111.A liURUL'GH $PfiCIAI. A.•.iEt481.'( MEETING JUNE ,hl appropriation so that restriction was no longer on the Mayor. This would enable the Mayor to use the funds appropriated to pay for the allowances. He said if the contract were ratified today, the Assembly would have until July 1 to do something about the appropriations. ' ASSEMBLYNEMBER SEWALL REQUESTED UNANIMOUS CONSENT APPROVAL OF RES. 86-82. THERE WAS OBJECTION. RES. 86-82 FAILED ON A VOTE OF 9 NO, 6 YESt Brown, Crawford, Sewall, Carey, Glick, and Fandel voting Yes. Mrs. Walli stated she felt the majority of the Assembly were not against the dollar figures and the salary schedule, but had a problem with the administration of the contract itself. For example, coming back to the table to negotiate for "a wage increase" should read "negotiate for wages", not presuming an increase. ASSEMBLYNEMBER GLICK GAVE NOTICE OF RECONSIDERATION ON RES. 86-82 FOR THE JUNE 17, 1986 ASSEMBLY MEETING. (e) Ord. 86-38 "Making Appropriations to the Service Areas n e orough for Fiscal Year 1986-87" (Mayor) Public hearing was opened and closed as there was no comment. Finance Chair Crawford advised the Committee recommended "do pass". ASSEMBLYMEMBER CRAWFORD MOVED FOR ENACTMENT OF ORD. 86-38. Mr. Sewall asked Finance Director Barton how Assembly action on Ord. 86-83 affect Section 5. for the Bear Fire Service Area appropriation. Mr. Barton indicated it would not affect the appropriation. The general fund is just loaning enough money to the service area to make the appropriation. Pres. Glick asked Mr. Barton if there were any changes sevesal changesdueto the reduction in health s lth insuranc8 at this time and Mr. Barton e d there werec sts- ASSE14BLYMEMBER CAREY MOVED AMEND ORD. 86-38 TO INCORPORATE HEALTH INSURANCE COST REDUCTIONS SECTION 2., ADD/STRIKE "�S2 216 534 ($2,244,0231 IS APPROPRIATED TO THE NIKISKI FIRE SERVICE AIZEA..•-t SECTION 4.,ADD/STRIKE $680 062 ($687,2621 IS APPROPRIATED TO THE NORTH PENINSULA RECREAICE AREA..."i SECTION 6., ADD/STRIKE $879 352 (8884,5881 IS APPROPRIATED TO THE RIDGEWAY/STERLING FIRE SffMt 'E AREA, SECTION 11., ADD/ STRIKE, "889 977 [$900,4491 IS APPROPRIATED TO THE CENTRAL PENINSULA EMERGENAL SERVICE AREA, SECTION 13., FIRE ADD/STRIKE E '�S43147 AMA Rsu aA hzD6UNANIMOUS CONSENT IS APPROPRIATED TO THE THE CAREY AMENDMENT WAS ADOPTED BY UNANIMOUS CONSENT. ECT TWO t(2)Y M LLSR FORWSUMOVED TO PPORT OF SOUTH PND ENINSULA �HOSP HOSPITAL DELETISECTION 3. To NGF3. 32 (ACTUAL) MILLS TO A $1,351,546 APPROPRIATION. Mr. Brown said he'd attended budget meetings concerning the service harea ealthydhe said one of the salaries and benefits tforgs brouht to adminislight was some pretty tration. ASSEMBLYNEMBER JOHNSON RAISED A POINT OF ORDER. Mr. Johnson inquired whether Mr. Brown were a member of this board and was informed he wasn't. He then stated it was his understanding these budgets were established by the boards of the service areas and the general public ifhasked tinput he Asa t the had board level. too adjustadotetheybudgets. thedpreae Glick informed Mr. Johnson the Assembly does have that ability. four mills gh tax on propertyas two stated(2) Boroue situation ggh sales tax which he re�uuated with another two (2) mills, a $6 million deduction out of the Borough "savinggl1s" contingency funds account he smer citaid was equal to another two (2) mitystof spending,an in oval he o(2) mills lofits salesea five tax, and5hemills felt pro -14- C L 1 IEF'AI PENINSJIiA BOROUGH SPECIALASSEMBLY ?tEF:1IhG JUKE 5, 1986 this request would mean another 3.42 mills for the South Peninsula � for a total tax levy in the Homer area of nineteen mills. He advised E he didn't live within the city limits so he didn't have to pay the } five mills city proparty tax but he felt there needed to be relief Hospital Service levy. i� for individuals on the South Peninsula area f Assemblymember Crawford stated he didn't know where these "cuts" were F- ggoing to be in the South Peninsula Hospital Service Area budget and + j� he couldn't do that to their budget. He said these kind of i 1 amendments are really out of line. He advised their budget calls for an expenditure of $2,011.954 and it is up to the Assembly to calculate the mill rate for the service area so they don't operate in i '# a deficit situation. It was his feeling that unless the service area adjusts its budget, he couldn't see the Assembly doing it. Assemblvmember Walli asked Mr. Barton to confirm that in going through the budget she found they are not getting any State ggrants or Federal revenue sharing monies. Mr. Barton said there is $248.000 in ' State revenue sharing. She then asked confirmation that even going : with a 3.32 mill rate, the service area would be operating with a i deficit. Mr. Barton confirmed they would be operating in a $1.2 - _ ----- million tax supported deficit. Mrs. Walli advised she'd received (; ? numerous telephone calls expressing the opinion the mill rate - increase was to support a certificate of need application. It was felt by taxpayers that they hadn't voted for a long-term care facility but for a hospital. She asked that the Assembly vote on the other service areas, excepting hospitals, so the hospitals might, it appear and answer questions about these areas. Mr. Barton advised in be to I.... order to accomplish this there would have to a meeting prior ' June 17th to comply with State regulations requiring establishment of the mill rate by June 13th. Mrs. Walli asked the indulgence of the body to address these concerns. Mr. Crawford advised the Finance > Committee had a presentation with the Board and after review, they i ' ti found no indication of funds to go for a certificate of need. Mr. budget he Barton said there is nothing shown in the service area and ' believed this was being taken care of out of operations. Mr. Keene j -$� stated opposition to the Brown amendment as he felt the service area i ! could not absorb such a cut at this time. However, he advised service area members that the Board's meetings are open to the public and if they felt there are irregularities or adjustments to be made 't they should attend these meetings and request such actions. ' THE BROWN AMENDMENT FAILED ON A VOTE. OF 14 NO, I YES, Brown voting :. Yes. ORDINANCE 86-38 WAS ADOPTED ON A VOTE OF 14 YES, I NO, Brown voting No. _ (f) Ord. 86-39 "Amending KPB Chapter 5.18 to Provide xemt�'ipt ons from Sales Tax for Food Purchased with Food Stamps in Order to Comply with Federal Statutes" (Carey) -<< Public hearing was opened and closed as there was no public comment. .. Finance Chairman Crawford advised the Committee recommended "do pass". ` ASSEMBLYMEMBER CRAWFORD MOVED ENACTMENT OF ORD. 86-39 AND ASKED i UNANIMOUS CONSENT. ORD. 86-39 WAS ENACTED BY UNANIMOUS CONSENT, (f) Ord. 86-40 "Amending KPB Chapter 5.18 to Provide Exemptions from Sales` Tax" (Carey) Public hearing was opened and closed as there was no public comment. Finance Chairman Crawford advised the Committee, in a split decision, -- --" ----- f recor.r..ended "do not pass". i y ASSEMBLYMEMBER CAREY MOVED ENACTMENT FOR ORD. 86-40. i `< u -15- •fit.. � r .. t , I A KENAI PENINSULA BOROU'CI SPECIAL. ASSh;618LY MEETING JUNE_!+ d6 Mr. Carey stated the purpose of the ordinance was to t =iolwaay a those rentitn_njO bd not double taxing stance away from the Borough so have property tax placed upon them and then an additional _ 0 etax. He stated there is an enforcement problem in that COMF"1.+ ea was for : ii,6 41hile based on voluntary submission or assessment records others renting a portion of their own home were hard to as eadle-n and enforce. He noted decreased revenues would amount to abo oap.0o0 ,000 but there would be an offset of not paying, enforcement cosau. Mr. McLane spoke against the ordinance citing not only 1400tor ough revenues but the impact on the first-class cities by loss 904ve title. in Mr. McLane asked Trsr. Setmnens about the difficulty Mr. Semmens said it was his feeling the sales tax on rertAnuot_s far easier to enforce than the general sales tax on all businrsyaVoec ause the Assessing Dept. maintains records of all commercial prx-srr,1islie-s. Mr. Sewall said he'd been contacted by the cities anr-1110'1 e-ppoke against the ordinance due to the impact on cities. He itirgwtte d he had a with certain items being taxed such a MmsAieaating also problem fuels and utilities but the Special Borough Sales Tax Coaormslt rafter much deliberation had come up with recommendation he fi! : feel should be attacked piecemeal. ORD. 86-40 FAILED ON A VOTE OF 12 NO, 3 YES; Brown, Johnso adO Carey voting Yes. J. INTRODUCTION OF ORDINANCES (a) Ord. 86-44 "Amending the KPB Chapter 5.18 to Axt-jab se the- rest on. Recording, and Notice of Lien on Id and/or Personal Property to Secure Payment of a safe . Tax, Plus Interest, Penalties, and Administrati ip0:et:t= in the Event of Delinquency." (Mayor) There was no public comment. Finance Chairman Crawford advised the Committee had a r &t-awa6nd ation of "do introduce". � ASSEMBLYMEMBER CRAWFORD MOVED INTRODUCTION OF ORD. 8 N II( A-t:D A HEARING DATE OF JULY 22, 1986 AND ASSEMBLYMEMBER Ma ASKED UNANIF,OL'S CONSENT. Mr. Brown said per his understanding, administration is M8.r61ji :ed to institute procedures to create and record a lien and a addf )_f this Atty. Reeves e1mc:jed a meant instituting a court proceeding. statutory lien is something recorded that requires a f3fds : court proceeding, if the lien were foreclosed. He said this WI'4 enable the Borough to file a lien on property to try to avoi _W yy PPerson leaving the Borough's jurisdiction which has happened Lrrnju�drtmber of cases by tying to real and personal property. Per 1 V13=own,0 inquiry, Mr. Reeves advised no liens require a court appeato..se_ Mr. appeal Atty. itCSQm 0sadvised Brown asked if there was an process. could bring an action to have the lien set asioad(l LJ the someone lien were placed wrongfully, damages could be received Ilddlfffered. devil's kiUj-isl and Mr. Brown stated he would vote to introduce the in the interests of the democratic process.. ,064 Le had testament severe reservations about this situation. ORD. 86-44 WAS INTRODUCED FOR HEARING JULY 22. 1986 0P)'d1AZIMOUS CONSENT. K. CONSIDERATION OF RESOLUTIONS (a) Res. 86-79 "Setting the Rate of Levy for Real d Taxes for the Kenai PeninsuLild,�8eou gh ersona roperty and for Service Areas Within the Borough for ='0 x Year 1986." (Mayor) There was no public comment offered. Finance Chairman Crawford advised the commit Yeaotna d no recommendation. .16- L 1 ' h j 'k! i L KENAI PENINSULA BCRCL'GH SPECIAL ASSEMBLY MEETING JUKE 5, 1986 ASSEMBLYMEMBER CAREY MOVED ADOPTION OF RES. 86-79. Finance Director Barton advised corrections to: SECTION 5. ADD/STRIKE 2.77 14.041 MILLS - BEAR CREEK FIRE SERVICE AREAa SECTION 6. ADD/SilE1KE .92 (1.001 - CENTRAL KENAI PENINSULA HOSPITAL SERVICE AREA. AS MOVED FOR INCLUSION BY ASSEMBLYMEMBER CAREY THE CORRECTIONS WERE INCORPORATED BY UNANIMOUS CONSENT. ASSE14BLYMEMBER MC LANE MOVED UNANIMOUS CONSENT FOR ADOPTION. ASSEKBLY14EMBER BROWN OBJECTED. Mr. Fandel asked if the mill rate were set below below four (4) mills and set at 3.5, not generating enough mill rate, would it then be possible for administration to tap into the general fund and draw funds to subsidize the budget. Mr. Barton said the only place to draw funds is from the fund balance. He said with the four (4) mills there would be a $6.7 million balance not available as funds have to be available to operate for cash flow. He reflected there are several million in anticipated receipts, but monies are needed for cash flow. Mr. Barton said if the mill levy were lowered reducing the balance and an ea:ergency or money needed occurred, expenditures would have to be cut off and wouldn't be able to pay bills or accomplish certain projects. Mr. Fandel asked if it were absolutely impossible to borrow funds from a bank against a mill rate. Mr. Barton said the Borough could borrow against current year taxes but not anticipated levies. ASSEMBLYMEMBER FANDEL :LOVED TO AMEND RES. 86-79, SECTION 1., ADD/STRIKE, 3_5 (4.01 MILLS. ASSEMBLYMEMBER HC LANE MOVED THE PREVIOUS QQUESTION ON THE FANDEL AMENDMENT, LIMITING DEBATE AND REQUESTED UNANIMOUS CONSENT. THE MC LANE MOTION WAS ADOPTED BY UNANIMOUS CONSENT. THE FANDEL AMENDMENT FAILED ON A VOTE OF 10 NO, 5 YESs Brown, Walli, Johnson, Carey and Fandel voting Yes. ASSEMBLYMEMBER NASH MOVED TO AMEND SECTION 1. ADD/STRIKE, 3.99 (4.01 MILLS. ASSEMBLYMEMBER CRAWFORD MOVED TO AMEND SECTION 1. ADD!STRIKE. 4_2 (4.01 MILLS. THE CRAWFORD AMENDMENT FAILED ON A VOTE OF 13 NO, 2 YES: Crawford and Glick voting Yes. THE NASH AMENDMENT FAILED ON A VOTE OF 8 NO, 7 YES: Nash, Brown, Walli, Johnson, Sewall, Carey voting Yes. RES. 86-79, AS AMENDED, WAS ADOPTED ON A VOTE OF 12 YES, 3 NOi Brown, Johnson and Fandel voting No. (b) Res. 86-84 "Resolution for Alaska's Longest Day." (Brown) No public comment. ASSEMBLYMEMBER BROWN ROVED PASSAGE OF RES. 86-84 AND NOTED SECTION 1. SHOULD BE AMENDED TO READ, "THE KENAI PENINSULA BOROUGH ASSEMBLY DECLARES ITS INTENTIION TO OBSERVE THE "ALASF.A STATE DAY OF PEACE (LONGEST DAY]." Mr. Brown noted the Governor's proclamation. During Mr. Brown's discourse on nuclear weaponry and the federal deficit, the deadline for legislation arrived preventing an Assembly vote on the measure. L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted: not for action this meeting.) -17- L L_ KF.NAI PENINSULA BOROUGH SPECIAL ASSFMBI.'i �'EETING JUNE +Rh (a) Ord. 86-8 "Repealing Chapter 3.041 Enacting Chapters 4 3.06. 3.08, 3.10, 312, 3.14, and 3.16 and Amending/ j Deleting Other Provisions Contained in the Kenai Peninsula Borough Code to Conform with Title 3" (Mayor) li POSTPONED TO 6/17/86 ; (b) Res. 85-161 "Approving the Terms of the Agreement ! Between Florence and Lawrence Lancashire and the ` Kenai Peninsula Borough for the Acquisition of i Right -of -Way on Sport Lake Road" (Mayor) POSTPONED (c) Res. 86-27 "Authorizing a Negotiated Land Sale of Borough Patented Lands Described as Lot 15, Section 30, Township 5 North, Range 11 West, Seward Meridian Alaska Robert L. Schmidt" (Mayor) POSTPONED (d) Powers6-28 for Solidesting the City Waste Collectionfandnai to Resume Disposal" (Glick) POSTPONED M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA N. MAYOR'S REPORT (a) Emergency Management Director's Report - Benzine (b) Legal Status Report Mayor Thompson said in absence of Atty. Boedeker there would be no Legal Status Report. He indicated there was a benzine problem in Anchor Point. The Office of Emergency Management has arranged a pumper truck providing safe water until a better supply is found. He also noted a memorandum on federal flood insurance. He advised receit of he certiied valuep$4 876t815 259 of hichtS3r514,339teon e675 of whictax h total asis taxableessed 1 0. OTHER BUSINESS , P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA Larry Semmens Borough Treasury Manager, stated as a member of the pu c an an employee the Assembly had sent a clear message to every employee of the Kenai Peninsula Borough. He felt the message was j the Assembly was dissatisfied with their performance. He stated he felt his salary had been cut by $3,200, the car allowance, and that he worked very hard and he performed at a very high level. He felt there are a number of persons who should have been considered for a merit increase, not a salary cut. He felt the Assembly may or may 4 of the 1 this actions attithis dissatisfaction meeting of with failure performance to ratify a tbecause contract negotiated in good faith there is that indication. He reflected members had not been at the negotiating table and so found it hard to understand how the Assembly could decide the contract was no good. He said he understood the problems of the mill rate and increased costs of government more than members did because he was the tax collector. He indicated he talks to every person not satisfied with their tax bills and he knew he would be talking to a lot of them this year. He stated his main point as Assembly actions will affect the morale of the employees of the Borough and will negatively affect their performance. Be said that while normally he didn't make puobllcCsto but heefeltecompelleduse of to speaksatble thisemeetingiona nor to the p. ASSEMBLY AND MAYOR'S COMMENTS Mr. Keene stated he would like to introduce a motion for the Assembly ease49 ratrequest ublic hearing public Thursday, June i hing2further the comment,and Gaast -18- L L k ro KENAI PENINSULA BOROUGH SPECIAL ASSEMBLY MEETING JUNE 5 19bf THE P .M. KATN THETION TO ANCHOR POINT SPONSOR SCHOOL BLIC REGARDINGlNG ON IL ANDI GAS 12, LEASE 649 WAS APPROVED ON A VOTE OF 12 YES, 3 NOt Carey, Fandel and McLane voting No. Assemblymembers Keene, McLane, Skogstad. Fandel and Dale had no comment. Mr. Nash suggested Aesemblymembers reflect on professionalism in behavior to each other and secondly, it was his birthday. Mr. Brown asked Pres. Glick if she had at any time in the last several months personally or through anybody else come to anv knowledge that anybody on this Assembly has received any phone calls of any sort of a threating nature or has been subjected to any other situation which could be described as a possible threatening gesture? Pres. Glick responded it had come to her attention. Mr. Brown stated ratitCattle and were iwerendstilla in a support and battle. Noting thepetition n good to recall him, he advised sponsors report they had received threatening phone calls and there had been incidents with Assemblymembers. He stated he has ever had any part in any activity which would tend to threaten or to create the impression of threat the lives, the health or the welfare of any Assemblyperson or anybody in this government and he would not intend that anyone considering themselves his friend or supporter, should engage in any action like that. He said that those of us who think they know better, must standby and allow the system to work and that takes time. He stated nobody is 100% rights nobody knows exactly the way things must be. He said although he wouldn't limit himself to Christianity, he felt the example of Christ should be kept in mind. Mrs. Walli told Mr. Semmens she really didn't want him or any other Borough employee to feel they can't make comments to the Assembly and she didn't think there should be any repercussions. She stated her reason for voting against the contracts was not dollars and she felt the employees do their job and are very loyal, but the administration of the contract and language contained were her problem. She noted on June 16th the School Board would be addressing the question of turning the Homer swimming pool into a cafeteria and she urged people to think whether a real effort had been made to put the pool in use. Mr. Johnson addressed comments to the declining revenue situation stating members had been subject to a great deal of phone and individoubled. He noted the pressure privategsectormfort on decline inathegStatearty taxes Mr. Crawford addressed comments to budgetary action removing car allowances expressing the feeling it would cost the Borough more in the long run. He said it was his hope the 4.2 mill rate proposal would have passed to reinstate not only the car allowance but to covethatrsuch "savings" of taxpayers dollars the $258,000 to implement the pmight scontract. effect the efficiency of provision of services. Mr. Sewall expressed concern regarding Memo 86-95, affecting senior citizens, stating he wasn't clear about the explanation given for inclusion of the "basic" $5,000 listed, but not to be reflected in the actual accounting. Mr. Skogstad observed that within Ord. 66-27 there is no provision of these monies and it was a mistake to list these monies. Mayor Thompson advised there would be a corrected memo issued. Mr. Moore felt it unfortunate that any employee felt the Assembly failure to ratify the contract implied disapproval of employee performance as he didn't feel that was the case on anybody's part. He indicated he was upset about the proposed $18 dinner allowance and longesmall r n. Althoughuch as he feltothere� were areas h add up tofdollars ithin the Borough budget he felt they were at least identified, which was not the about aspresentations school by e in the districAspens Minpson inegt. at Resourceasked aybr ThomEconomic Development meetings, inquiring whether the administration was _ -19- f� ro KENAI PENINSULA BOROUGH SPECIAL ASSEMBLY MEETING JUNE 5 19bf THE P .M. KATN THETION TO ANCHOR POINT SPONSOR SCHOOL BLIC REGARDINGlNG ON IL ANDI GAS 12, LEASE 649 WAS APPROVED ON A VOTE OF 12 YES, 3 NOt Carey, Fandel and McLane voting No. Assemblymembers Keene, McLane, Skogstad. Fandel and Dale had no comment. Mr. Nash suggested Aesemblymembers reflect on professionalism in behavior to each other and secondly, it was his birthday. Mr. Brown asked Pres. Glick if she had at any time in the last several months personally or through anybody else come to anv knowledge that anybody on this Assembly has received any phone calls of any sort of a threating nature or has been subjected to any other situation which could be described as a possible threatening gesture? Pres. Glick responded it had come to her attention. Mr. Brown stated ratitCattle and were iwerendstilla in a support and battle. Noting thepetition n good to recall him, he advised sponsors report they had received threatening phone calls and there had been incidents with Assemblymembers. He stated he has ever had any part in any activity which would tend to threaten or to create the impression of threat the lives, the health or the welfare of any Assemblyperson or anybody in this government and he would not intend that anyone considering themselves his friend or supporter, should engage in any action like that. He said that those of us who think they know better, must standby and allow the system to work and that takes time. He stated nobody is 100% rights nobody knows exactly the way things must be. He said although he wouldn't limit himself to Christianity, he felt the example of Christ should be kept in mind. Mrs. Walli told Mr. Semmens she really didn't want him or any other Borough employee to feel they can't make comments to the Assembly and she didn't think there should be any repercussions. She stated her reason for voting against the contracts was not dollars and she felt the employees do their job and are very loyal, but the administration of the contract and language contained were her problem. She noted on June 16th the School Board would be addressing the question of turning the Homer swimming pool into a cafeteria and she urged people to think whether a real effort had been made to put the pool in use. Mr. Johnson addressed comments to the declining revenue situation stating members had been subject to a great deal of phone and individoubled. He noted the pressure privategsectormfort on decline inathegStatearty taxes Mr. Crawford addressed comments to budgetary action removing car allowances expressing the feeling it would cost the Borough more in the long run. He said it was his hope the 4.2 mill rate proposal would have passed to reinstate not only the car allowance but to covethatrsuch "savings" of taxpayers dollars the $258,000 to implement the pmight scontract. effect the efficiency of provision of services. Mr. Sewall expressed concern regarding Memo 86-95, affecting senior citizens, stating he wasn't clear about the explanation given for inclusion of the "basic" $5,000 listed, but not to be reflected in the actual accounting. Mr. Skogstad observed that within Ord. 66-27 there is no provision of these monies and it was a mistake to list these monies. Mayor Thompson advised there would be a corrected memo issued. Mr. Moore felt it unfortunate that any employee felt the Assembly failure to ratify the contract implied disapproval of employee performance as he didn't feel that was the case on anybody's part. He indicated he was upset about the proposed $18 dinner allowance and longesmall r n. Althoughuch as he feltothere� were areas h add up tofdollars ithin the Borough budget he felt they were at least identified, which was not the about aspresentations school by e in the districAspens Minpson inegt. at Resourceasked aybr ThomEconomic Development meetings, inquiring whether the administration was _ -19- f� �1 KENAI PENINSULA BOROUGH SPECIAL ASSEMBLY MEETING JUNE 5 1986 promoting exploration when the Assemblyhad disapproved ouch efforts. Mayor Thompson indicated there had only been one actual presentation by Aspen Mining, others being listed by subsequently cancelled. Mayor Thompson stated his personal opinion was the industry was needed and wouldn't be harmful. the $35,000 now distributed asked MBartonr. in hen sev (7) basic grants would sbeeprorated among all senior centers and Mr. Barton confirmed this distribution. He urged members to research the difference between a "point of order" and a "point of information" as he felt there was abuse in points of order as an opportunity to talk more, taken so loon cos. Glick nsiders ionxofessed the budgetyashat it had been inthe bodareceipt for two (2) months. She advised she had made continual efforts on conservation of postage by in-house distribution of packets for members when possible and return of envelopes for reuse. She observed there were two or three members who tended to "wander on" in their commentaries, meetings wasuhern belief when raomember a is elected in they smonths. the past few sign on for two (2) meetings per month with required extra meetings during the budgetary period. She urged members to do their homework prior to Assembly meetings in order to expedite Uusinese. She noted committee meetings are to facilitate legislation not to decide stances on legislation for the body. She advised if the body can get through business on June 17th, she would hope the body would not have to meet again until July 22nd, providing a month sabbatical for members. Mayor Thompson addressed comments about Mr. Semmens' comments stating he felt his remarks weren't really about Assembly action of this meeting but was a reaction to various Assemblymember comments about emplovees and the Borough generally resulting is a feeling of the frustration of being attacked without defense. He noted when he first came to this Borough, the tax mill levy was five (5) mills. Regarding the Aspen project, he advised it would employ up to 200 people and had made changes and as a 30-year fisherman in the inlet, he didn't see any problems. He thanked members for their work on the budget. R. INFORMATIONAL MATERIALS AND REPORTS S. NOTICE OF NEXT MEETING AND ADJOURNMENT (June 17, 1986) Pres. Glick adjourned the meeting at approximately 1:30 a.m. Date Approved July Z:, 1986 Wettty�c�-S-ly res ent C a I �K ^i �t� t f .y 1 } ' 1 ZNPO - a9 RF.GUu : Al %, Y "77 F._:'IF.S iM,F 17, 9861 ;( P.M. BOROUGH ADHINISI' !ION t "'I.DING SOLDOTNA, ALrSKA - AGENDA - A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION: Rev. Roy Moore, Mt. Redoubt Baptist Soldotna, AK Page No. 1 1 1 D. ROLL CALL 1 E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: BOE May 6 and 13, 1986 1 Appvd. G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, Fandel, Johnson, Nash) (b) LandsiResources (Skogstad, Fandel, Johnson, Keene Mullen) (c) Legislative (Dale, Crawford, Moore, Sewall, Skogstad) (d) Local Affairs (Moore, Dale, Skogstad, Walli) (e) Public Works (Sewall, Brown, McGahan, McLane, Mullen, Walli) (f) Data Processing (Johnson) H. AGENDA APPROVAL AND CONSENT AGENDA (a) Ord. 86-48(Sb) "Authorizing the Receipt of a Grant from t e tate of Alaska Totaling S800,000 Made by Chapter Session Laws of Alaska 1986 and Appropriating the Fu ds to Robinson Loop Road" (Flavor) 1 St Hrc 7/22 (b) Ord. 86-49 "Amending the Kenai Peninsula Borough Code of r nances Respecting Liquor License Protests" (Mayor)1 St Hrg (c) Ord. 86-52 "Authorizing Indebtedness by the Issuance of Genera-rObligation Bonds in an Amount Not to Exceed $10.228.976 for the Purposes of Acquiring, Designing, Managing, Inspecting, Improving, Constructing and Equipping the Seward Elementary School and Pledging Payment Full Faith and Credit of the Borough with of the Indebtedness to be Derived fron Taxes Levied Within the Borough, and Subject to Approval by the Voters of the Regular Election on October 1, 1986" (Mayor) 2 St Hrc (d) Res. 66-91 "Approving the Award of a Contract to Ward's - an soap ng Service in the Amount of $25.480 for the Seeding of North Fork Road (North Anchor River Road)" 2 Adpt I. ORDINANCE HEARINGS (a) Ord. 86-8 "Repealing Chapter 3.041 Enacting Chapters 3.16 Mending/ 8b--3 Ua. 3.10, 3.12. 3.14, and and Deleting Other Provisions Contained in the Kenai Pen- insula Borough Code to Conform with Title 3"(Mayor) 2 Tabled (b) Ord. 86-42 "Amending a Grant from the State of Alaska T—or-T-r M,0 for Continuation of the Coastal Management Program" (Mayor) 3 Enctd (c) Ord. 86-43 "Amending KPB 2.08.120 Regarding the Order o�ess at Borough Assembly Meetings to Allow Public Comments and Public Presentations to be Made Irnediately Following Legislative Business and Forna1 Presentation" (Skogstad, Mullen, and Sewall) 3 Enctd L f r + t rn /:nthoritc . .r 1 Ut••' - • .. nd��•, •hc PPB Li,.,, 5.18 and !rntiL' of Lien on Real FT. uric .. Pecord:r;�;, ar.1/ tr karannni Prop.. iy to Secure Payment of a Sales Tax, Plus lnrerest, Penalties. and AMayoor�trntive 3 Ref. Delinquency" Y Costs in the Event of Fin Cr. l (e) Ord. 86-45 "Amending the Kenai Peninsula Borough Code Clarify the Boundaries of the Ridge- o. r nances to i way/Sterling Fire Service Area and Correct Technical 4 Enctd Errors in the Description" (Mayor, Moore) I .... Res. 86-82 "Ratifying a Collective Bargaining Agree - the Kenai Borough F.mplo- meet etween the Borough and f Association for Fiscal Years 1986-87 Through 4 Rcr.scr 1 t vees De£tc 1988-89" (Mayor) RECONSIDERATION (GLICK) 111 (g) Res. 86-93 "Calling a Special Election Regarding the Medical Services Power to the ..rtr i t on of Emergency Bear Creek Fire Service Area, and Regarding, an Seasonal Ban \ Initiative for an Ordinance Providing a Fireworks Outside of Cities" (M) 8 Adptd on Sale and Use of J. INTRODUCTION OF ORDINANCES --- -- i (a) Ord. 86-47 "Establishing a New Chapter 5.09 to the nsula Borough Code, for Instructions Specify- ens en ing the Form and Proceduses £or the Submission of a 12 St Hr :. Complete and Acceptable Bid" (Brown! 9/2 '- Ord. 86-47 Substitute "Establishing Bid Procedures to of the Public Works Director, the Require the resents Finance Director, and the Borough Attorney or His for Major Bond Issue _ - Designee at all Bid Contracts Projects Over $500,000 to Determine Qualifications o£ All Bid Bidders and Requiring Strict Compliance with 12 St Hr Specifications' (Wadi 5 McGahan) 9 _ Ord. 86-50 "Amending the Borough Code of Ordinances Board Vember Compensation �i(b) 1 to rovide for Service Area 13 St Hr 4 and Reimbursement" (Mayor) 9 = (c) Ord. 86-51 "Amending KPB 2.12.080 to Delete Assembl" 14 h crn ar owance" (Carey) i(d) Ord. 86-53 "Authorizing Indebtedness by the Issuance Bonds in an Amount Not to Exceed - o enera Obligation S10,343,533 for the Purposes of Acquiring, Designing, f -.; Managing. Inspecting, Improving, Constructing and Homer Elementary School and Pledg- Equipping the West 1 ing Full Faith and Credit of the Borough with Payment Levied cf the Indebtedness to be Derived from Taxes r Borough, and Subject to Approval by the Voters Hr with the of the Regular Election on October 1986" !Mayor) 14 $t � (f) Ord. 86-54 "An Ordinance of the Kenai Peninsula oroug etting Forth Guidelines for the Operation o` 15 w1drr. Off -Road Motor Vehicles" (Glick) to _- l K. CONSIDERATION OF RESOLUTIONS ' h a. (a) Res86-84 "Resolution for Alaska's Day of Peace" Wr`o-�_MFt addressed, other items taken out of sequence f: „ for the (b) Res. 86-85 Approving the Schematic Documents School Prepared by Architect [: ew ewar Elementary' _5 Harold Wirum" (Mayor (c� Res. 86-86 "Authorizing Harold Wirum (. Associa^es to wiwarki th the Design DevelopmeFt Phase 'orrayrr� A•'"" recee 15 F:ementary School ant'. Fstablishin, .a Audeet" ' r. { Y L <sl n IN 1�1 No 'a, Res. e6-87 "Approving Chi Schemat a: D��.�rnr� �•: the eN w�+'evf-isomer Elementary School Preri!- : h nr,;hitect Harold Wirum" (Mayor) 17 N/A (e) Res. 86-88 "Authorizing Harold Wirum 4 Associates to Proceed w th Design Development Phase for West Homer Elementary School and Establishing a Budget" (Mavor) 17 N/A (f) Res. 86-89 "Approving the Schematic Documents for the eR w u3 etumena Elementary School Addition and Remodel Prepared by Architect by Architect Carmen Gintoli" 17 w/Drn (Mayor) (R) Res. 86-90 "Approving the Schematic Documents for the e—N-Central Peninsula Elementary School Prepared by Architect Harold Wirum" (Mayor) 17 w/Drn (h) Res. 86-92 "Approving the Purchase of Lot 1 Subdivision romaom nd Viola Hansen Containing l>s Acres for the Use by the Kenai Peninsula Borough School District as a School Site" (Mayor) 8/5 (i) Res. 86-94 "Disclosure of Social Security Numbers in egal�ar ' to -.and Sales" (Glick) 17 N/A L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted, not for action this meeting.) (a) Res. 85-161 (b) Res. 86-27 POSTPONED (c) Res. 86-28 POSTPONED M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA N. MAYOR'S REPORT (a) Land Sale 18 (b) Litigation Status Report (not available` (c) Bidding Procedures 19 0. OTHER BUSINESS (a)* Kasilof Townsite, Vacation of a Portion, of ar. Alleyway between Lots 1, 2, 7 and 8. Blk 5, U.S. Survey 3564 10 P.C. L'phld (b) Camelot by the Sea Subdivision Vacation of a Portion. of 160 foot wide railroad easement with!.r. Lots 1,2, 4 3 Blk. 1 Plat 071-309 MOTION TO UPHOLD P.C. 11 Faild P. ASSEMBLY AND MAYOR'S COMMENTS 2V Q. PUBLIC COXYF.NTS AND PUBLIC PRESENTATIONS UPON ?1A':TERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA R. INFORMIATIONAL MATERIALS AND REPORTS ta) Kenai Peninsula Borough Forest Resource Management Plan Schedule of Adoption KT MEETING AND ADJOURNMENT (July « . 1986) L1 � Yvi,-A, . .,s.," .. RFr,IILAi( ., . • E`' JUNE 17. .Ih6. U P.M. BOROUGH ADN"::STFATION µWILDING SOLDOTNA. ALASKA A. CALL TO ORDER Pres. Glick called the Assembly to order at approximately 7s30 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Rev. Roy Moore of the Mt. Redoubt Baptist Church in Nikieki. D. ROLL CALL PRESENTS Aseemblembers Nash, Brown, WalliCrawford *Sewall, Moore, Carey, Glick, hMcGahanr,uDale, Skogstad, Fandel, *McLane and Keene *Mullen, Sewall and McLane were detained in a committee meeting, and temporarily excused. E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: BOE May 6 and 13. 1986 Mrs. McGahan noted a correction in minutes of May 13th and the minutes were approved as amended. G. COMMITTEE REPORTS (Reports on agenda legislation given upon consideration) (a) Finance (Crawford, Carey, Fandel. Johnson, Nash) (b) Lands/Resources (Skogstad, Fandel, Johnson, Keene Mullen) Chairman Skogstad advised the Committee discussed Mr. Johnson's proposal on appraisal guidelines and it was determined the Committee wished Mayor Thompson to be present at the next meeting. Also proposed was a duty-free area on the Peninsula. Mr. Skogstad said would beradvtwo (2)ised bypletter ethrough the Pla singstes for thee maDepGun Club and they (d) LocallAffairsD(Moore.awford. Moore, Dale, Skogstad$eSkogstad) Walli) -93 listed on theiCo sentoAgenda be commented moved to 6 Charman More regular consideration and amendment to follow the Motion to Reconsider Res. 86-82, collective olctVelntroduction agreement, all to follow Ordinance Hearings, preceding of Ordinances. (e) Public works/Education (Sewall, Brown, McGahan, McLane. Mullen, Walli) Chairman Sewall said the Coc..;ittee primarily discussed agenda items but he wished to point out Ord. 86-48 would be accompanied by a Substitute which the Committee wished introduced with a hearing of July 22,1986. The Committee recommended introduction of Ord. 86-91 listed on the Consent Agenda. (f) Data Processing (Johnson) H. AGENDA APPROVAL AND CONSENT AGENDA (a) Ord. 86.48 "Authorizing the Receipt of a Grant from the rate o_ laska Totaling S800.000 Made by Chapter riatng the tossior RobinsonsLoop of AReadlask" (Mayor)986 dSEE peORD. 86i48 (SUBSTn)s -1- -71 F Ord. 86-4b ctiuhstitute) "AithorizLng the Receipt of a Grant from t a Late of Alaska Totaling $640,000 Made by Chapter 128 Session Laws of Alaska 1986 and Appropriating the Funds to Robinson Loop Road" (Mayor) PUBLIC HEARING SET FOR 7/22/86 (b) Ord. 86-49 "Amending the Kenai Peninsula Borough Code of r nancee Respecting Liqquor License Protests" (Mayor) P1'BLIC HEARING SET FOR 7/22/86 (c) Res. 86-91 "Approving the Award of a Contract to Ward's an ecap ng Service in the Amount of $25,480 for the �� Seeding of North Fork Road (North Anchor River Road) (Mayor) ADOPTED (d) Ord. 86-52 "Authorizing Indebtedness by the Issuance of enera ligation Bonds in an Amount Rot to Exceed $10,228,976 for the Purposes of Acquiring, Designing, Managing, Inspecting, Improving, Constructing and Equipping the Seward Elementary School and Pledging Full Faith and Credit of the Borough with Payment of the Indebtedness to be Derived from Taxes Levied Within the Borough, and Subject to Approval by the Voters of the Regular Election on October 1, 1986 (Mayor) PUBLIC HEARING SET FOR 7/22/86 Pres. Glick requested committee reports on consent agenda items. Finance Vice -Chair Nash advised the Committee recommended "do introduce " on Ord. 86-48 (Subst.), Res. 86-91 "do pass". Local Affairs Chairman Moore advised the Committee recommended "do introduce" on Ord. 86-49. Public Works Chairman Sewall noted Ord. 86-48 (Subat.) resulted from the Governor's reduction to a $640,000 appropriation on Robinson Loop Road, noting this would necessitate reducing base gravel from aix (6) inches to four (4) inches, acceptable by the State. Res. 86-91 received a "do pass" recommendation. Pres. Glick asked if there were any members of the public wishing to comment on consent agenda items and there were none. THE CONSENT AGENDA WAS APPROVED AS AMENDED. I. ORDINANCE HEARINGS (a) Ord. 86-8 "Reppealingg Chapter 3.041 Enacting Chapters TTF- 3-a8, 3.10, 3.12. 3,14. and 3.16 and Amending/ Deleting Other Provisions Contained in the Kenai Peninsula Borough Code to Conform with Title 3" (Mayor) Local Affairs Chairman Moore advised the Committee recommended tabling Ord. 66-8 after meeting with administration who advised they would prefer to resubmit legislation on a chapter by chapter basis. Administration advised they would provide the Local Affairs Committee and employees the opportunity to have input before such legislation appears on the agenda. Public hearing was opened. Rick Hoagg�, President of the Kenai Borough £mployeea Association TRSEA��ndicated he'd talked to Personnel Director Campbell who advised administration's intent. He said KBEA and administration - - have always worked together and thanked administration for ei_... withdrawing the ordinance. r - ----- —.— Judith Dixon Nikiski, thanked the Local Affairs Committee, a m�i—in sfxa� on and the KBEA for their hard work on the ordinance. i ASSEMBLYMEMBER MOORE MOVED TO ADOPT ORD. 86-8 AND TABLE ORD. 86-8. Mr. Moore stated per the Committee's understanding, in order to bring Ord. 86-8 to the agenda for consideration, notice can be given at a C L pic-ions meeting or uncle . agenda approvar by motion. He the (t Committee was reluctant to remove the ordinance and wanted to carry ! it on the pending legislation list. (- ( ASSEMBLYMEMBER DALE RAISED A POINT OF INQUIRY. Mr. Dale stated hie belief that if the ordinance were not tabled to a time specific, it could not be brought back before the body. ►.. Pros. Glick advised there were two (2) different tabling motions: 1) .(. to a time certain, and 2) laying the matter on the table. 1 ASSEMBLYMEMBER MC GAHM RAISED A POINT OF ORDER. { Mrs. McGahan stated she believed there was a KPB Ordinance which states a time limitation for items on the pending list. Admn. Aset. Best advised an item would stay on the pending list until tf the new Assembly is seated in October, whereupon it dies. "t ASSEMBLYMEMBER CAREY ASKED UNANIMOUS CONSENT TO TABLE. ASSEMBLYMEMBER BROWN OBJECTED. THE MOORE MOTION TO TABLE ORD. 86-8 WAS ADOPTED ON A VOTE OF 15 YES, 1 N0: Brown voting No. "Amending for (b) Ord. 86-42 a Grant from the State of Alaska • TT5i—,66D-To-r Continuation of the Coastal Management Program" _ (Mayor) Public hearing was opened and then closed as there was no comment. Finance Vice -Chair Nash stated the Committee recommended "do pass". 'f ASSEMBLYMEMBER SEWALL MOVED TO ENACT ORD. 86-42 AND ASSEMBLYEMMBER �j MOORE ASKED UNANIMOUS CONSENT. ORD. 86-42 WAS ADOPTED BY UNANIMOUS CONSENT. n n _ (c) Ord. 86-43 "Amending KPB 2.08.120 Regarding the Order of j Business t Borough Assembly Meetings to Allow Public j Comments and Public Presentations to be Made Immediatelv "=fr-.... Following Legislative Business and Formal Presentation"' (Skogstad. Mullen, and Sewall) Public hearing was opened and then closed as there was no comment. .. Local Affairs Chairman Moore advised the Comittee recommended "do pass". ASSEMBLYMEMBER MOORE MOVED ENACTMENT OF ORD. 86-43 AND ASKED A UNANIMOUS CONSENT. f; t Mrs. McGahan stated she felt it was a good idea to allow public =q- presentations earlier for public convenience but she did feel this had been authored as a result of a previous Assembly meeting where ' under Assembly Comments, only five (5) Assemblypersons remained. She ..f reminded everyone there was a method to assure everyone's presence, a j "call of the House", and if necessary it can be used. Mr. Sewall noted the appropriateness of hearing the public prior to Assembly comments enabling Assemblymembers to respond to those comments. ORD. 86-43 WAS ENACTED BY UNANIMOUS CONSENT. g (d) Ord. 86-44 "Amending the KPB Chapter 5.18 to Authorize Me reaTron, Recording, and Notice of Lien on Real - and/or Personal Property to Secure Payment of a Sales Tax, Plus Interest, Penalties, and Administrative Costs .. in the Event of Delinquency." (Mayor) i` Public hearing was opened and closed as there was no comment. i r 7 1 4•. }tt.Cr ,a .. tea. "Ig 1. ..��('•. irnr-, .'/ fl'.' *'l l4/t1 -' aUth,'rtty ;� QL•a 1:'",1 by :•.+le ::":! r1+i5 ,r•1l t1 R1�(•P WWI:d ',rov A4, � ! an opportunir.y for adm •nisrration to develop pr•, •.tdnrz s es + pul i. v in conjunction with the Finance Committee, the Borough Atiorney and the Finance Director. The Committee recommendation was to enact the eoiN motion and then refer to the Finance Committee. ASSEMBLYMF.MBER NASH MOVED TO ENACT ORD. 86-44 AND REFER ORD. 86-44 TO FINANCE COMMITTEE. ASSEMBLYMR3B£R BROWN MOVED TO AMEND ORD. 86-44, SECTION 1., LINE 1. before the assembly where lust ADDS "That after a -lie hearin cause for the act on ae been e� i'sned- assem 41 resoLucs.vn the l a m n strat on... - any tion Brownwithouttaad the does,,as hearing. t do whatdthei I.R.Sblem attachtlie>s power she n. e h want 41 felt ifGahan she weredanhile individualpincthiedpositionwshe wouldn'towa public hearing held. She believed individuals should negotiate with administration on such a matter. Mr. Nash urged defeat of the amendment, as there was a referral would be taking under consideration motion to Finance Committee which such motions thus preventing a piecemeal approach. THE BROWN AMENDMENT FAILED ON A VOTE OF 15 N0, 1 YES; Brown voting Yes. Per Mr. Crawford's inquiry, Mayor Thompson advised referral to for the Borough. committee would not cause a legal problem ; l ORD. 86.44 WAS REFERRED TO FINANCE COMMITTEE BY UNANIMOUS CONSENT- (e) Ord. 86-45 "Amending the Kenai Peninsula Borough Code of j r nances to Clarify the Boundaries of the Ridgeway - Sterling Fire Service Area and Correct Technical Errors in the Description" (Mayor, Moore) Public hearing was opened and closed as there was no public comment. Local Affairs Chairman Moore advised a committee recommendation of letter from Mr. Wilson and the "do pass", noting the property owner resolution from the Ridgeway -Sterling Fire Service Area board favoring passage. 1 ASSEMBLYliEMBER MOORE MOVED ENACTMENT OF ORD. 86-45, ASSEMBLYMEMBER i CAREY MOVED ENACTMENT BY UNANIMOUS CONSENT. (f) Res. 86-82 "Ratifying a Collective Bargaining Agreement Borough Employees etween t e Borough and the Kenai 1986-87 Through 1988.89." Association for Fiscal Years (Mayor) MOTION TO RECONSIDER GLICK I Vice -President McGahan received the gavel as Acting President. ASSEMBLYMEMBER GLICK MOVED RECONSIDERATION OF ORD. 86-82 AND ASKED UNANIMOUS CONSENT FOR RECONSIDERATION. Mr. Nash registered objection to unanimous consent. l Local Affairs Committee Chairman Moore advised the Committee reconsideration due to ramifications of not having a J recommended contract between classified employees and management. THE MOTION TO RECONSIDER RESOLUTION 86-82 PREVAILED ON A VOTE OF 11 No. YES, 5 NO% Nash, Johnson, Mullen, Dale and McLane voting Pres. Glick received the gavel from Mrs. McGahan and advised public 1 comment would be taken. 1 { WNW i i i` f i' i �. II r7r� •!i )uhn G_+...iue Aiask•. r„ailc Empioy�•.••. A�'r�'.. a, ,.0 hP appeared` to answer any nssemblymemb�•r• quest tons• observed the 1 contract had been neggotiated in good faith and he fe:,- the contract was good for the employees and the Borough. He advised the KBEA had h given up some significant things with this contract -- 1) a pav raise { this year, 2) the minimum three (3) hour callback pay £or firefight- �~ ' ere, 4) relinquishment of overtime for employees who are not eligible o under the Federal Fair Labor Standards Act, and 5) agreement to cut 1` down per diem for Borough employees. He said it was his under- ' 1 etandin that there was concern about the cost of the reclassifica- ,L� tion program. He said the "cost" stated included the cost of merit increases, which was a pre-existing cost built into the old contract. - He advised the reclassification system implementation was the only way to go as there were Borough employees who were earning as much as 1 30 percent below current market rates. He noted most of the KBEA r members gave up something in their interest in order to implement the classification study. He said for the first time there would be a "salary capp" whereas now a clerk -typist could theoretically end up _ earning 580,000 to infinity. He said there were throe (3) long-time .{.. borough employees who were above the proposed "salary cap" and whose salaries would be "frozen", and a number of other Borough employees who were close to the proposed cap would have their salaries frozen. t; " Mrs. Walli stated her negative vote for ratification had nothing to do with the classification study. Her problem was with language in the contract which stated, "to negotiate across-the-board wages �( increase in subsequent years" as she had no idea what would take .} 1 place in subsequent years. Mr. Gaguine said it was not the intent of � the wage reopener to specify "increase" but just a reopener for discussion and the language was the result of poor drafting. ,. Mr. Nash asked Mr. Gaguine how many employees were significantly fbelow the fair market comparison. Mr. Gaguine stated if "signifi- i for example ten cantly" meant n (10) percent, he estimated 30 or 40 employees. He said the statistical employees of the 140-150 ' breakdown of employees below the mid -point salary was slightly over fifty percent. Mr. Nash asked if he had familiarity with state employees salary schedule. Mr. Gaguine advised there was a geograph- ical differential for Kenai versus Anchorage of one step and clerical ? positions were probably comparable. .j Mr. Brown addressed comments to language specifying "salary increase" •r ... asking Mr. Gaguine if under the agreement an arbitrator could decide y whether only an increase or the status quo could exist. Mr. Gaguine said in his opinion yan arbitrator would not be so empowered to interret in this administration and employees, itawould id fnot h have to beere is ranmincreaseent Ween Mr. Dale also expressed concern about language in the reopener noting although statements were made at this meeting denving the language :{ would necessitate an increase, a passage of time could result in the literal interpretation of the clause. Judith Dixon Nikiski, said the KBEA employeesnegotiated the Assembly to ratify tract. e said the with administration andhconcesae ionshao had been made tontboth nsides. good faith Rick Roast,_ representing the KPEA, said when there was original agreement to have a reclassification study, the employees wanted it and administration didn't. Employsea requested the study in order to address inequities existing within each department. He said the I reclassification study didn t eliminate these inequities entirely but does bring up those employeea significantly below fair market wage. He said even though what was negotiated was not what KBEA had ron inally intended, he saw this agreement as negotiated and favored - — - by both administration and classified employees. He noted employee 1` JE wage figures printed were erroneous and if actually compared to the (f; 51 private sector, he didn't believe wages were out of line. ?'. Local Affairs Chairman Moore noted the Committee did not have a ! recommendation but he wished to pass on some observations. The coat of implementing, $258,000 from the general fund, of which approxi- mately one-half would be the result of the new classification plan -5- , � l r t •� e i r- u n - 1 t ` "tT SULd RC. l� A.ti'.Y::'i5 .i and the other half would be due to e,it:+mated merit increast- per the contract. He said all other funds, $92,332, covered ;asicall service area budgets including uniform allowances, and meal allowances for firefighters due to their long shifts. He said the administration is projectingg an insurance savings by next January or February when the Borough will be looking for new carriers and would be a change in the type of coverage resulting in a possible savings of 8100,000. Pres. Glick relinquished the gavel to Vice -President McGahan. ASSEMBLYMEMBER GLICK MOVED ADOPTION OF RES. 86-82. Mrs. Glick said on behalf of the Assembly she had sat in on contract negotiations between administration and the KPEA employees. She believed the negotiation process was done in good faith on both sides and there had been compromise. She observed the Assembly had sat the rules by which negotiations were to proceed and she felt they had been followed. She stated that basically the Borough had very good employees who've been functioning with a cloud over their heads in the passed few months what with contract negotiations, proposed salary cape, etc. She noted that although there were good and bad points in the contract for employees and administration, it was important to remember the employees approved the contract by some 821 She noted the pro ected insurance savings of $100-000 to $250,000 would help offset the cost of the reclassification implementation. She reminded members the Assembly did approve the reclassification study because the body wanted to know where Borough em loyees were as far as the salaries received and the kind of jobs She she thought all the t I� they were doing for these salaries. said Assembly was well aware of the fact when they approved a classifi- cation study being done, that it would cost some monev. It was her feeling, in the long haul the study would probably save the Borough some money and would be beneficial to employees and administration. She for the benefit of the Borough employees, the Assembly requested, I approve the contract. r Mrs. McGahn relinquished the gavel to Pres. Glick and asked was still an issue. Mayor !• administration if the car allowance Thompson advised he'd vetoed Assembly action of June 5. 1986, to exclude car allowances. Personnel Director Campbell advised if the the Mavor's veto, the contract would still 9 Assembly were to override supply allowances for ten (10) classified employees. i Mr. Brown said it had been established eer testimony at this meeting, "increase' not result in that c that the language stating would limitation. Atty. Schmidt said the APEA representative had gone on s the record stating a subject for discussion could be an increase. He he felt the Assembly had a duty to i # decrease or status quo. stated honor the system which states there be negotiation, draw a contract. and within that context honor the contract. He noted the Assembly increase for a deputy borough clerk and had already approved a salary manager and so he felt there was a moral obligation risk assessment to ratify a contract which specifies no salary increases. Mr. Moore asked administration what if any provision ties the the If �, Appendix A benefits, travel, per diem, insurance, etc., to contract. Personnel Director Campbell said essentially classified those benefits mentioned plus leave accrual rates as approved by did resolution in 1984. Mr. Moore noted the budget. as approved, not and Mr. Campbell confirmed this. Explaining ,` budget for this contract insurance savings, Mr. Campbell said that essentially employees ` •; 8 agreed that starting in February the classified employees would the same insurance provisons as Appendix A personnel. During - -= — - -- .1.l receive preliminary discussions, various policies could afford savings of at dropping, lowering of } _ , least $100,000 incorporating possible coverage etc. Finance Director Barton said several —n-= .�� administration costs, alternatives were being looked at including contracting at a for full wholesale rate with Providence Hospital, example, providing 1 coverage there but partial coverage for other hospital use. ` Mr. Moore said it had been represented in committee that there would ' be travel savings as a result of the contract. -6- 1 I L j (j KENAI NrytNSULA BOROUGH ASSEMBLY REGULAR ASSEMBLY MLr: ;=1 •t •. , .�•' Personnel Director Campbell advised under the new contract there would be either S80 per diem or $40 if there are no commercial ' lodging facilities available. Under the old contract, there was no maximum limit on lodgings with a receipt, while under the new t contract there is a maximum. Also employees would have the option of C either driving and being reimbursed for mileage or if they flow being ' reimbursed for flight expenses plus $15 per day, whichever is the t lesser. He said the only real increase in the new contract was the evening meal allowance which went from $13.50 to $18. Mr. Moore „i asked confirmation the Borough currently pays more than a meal .. allowance when reimbursement for more is requested. Finance Director 7 Barton advised more is paid in certain instances such as business 1 meetings in higher cost areas or if an employee must entertain S someone at dinner, this is also considered justified. Mr. Barton advised there is no "carte blanche" approval of expenses beyond the allowance. Mr. Moore stated he felt information provided had given insight into efforts to "cap" some expenses and he would vote for the contract. Mr. Nash recalled he'd made the initial motion for a reclassification r atudy and approval had been nearly unanimous. He reaoserted that he didn t want to approve a new Borough schedule which might be higher " than the States, which he felt was already the highest. - Mr. Keene asked Mr. Barton about reference to Providence Hospital. - asking if there would be coverage to local hospitals in Seward and Homer. Mr. Barton said no one would be penalized for going to local hospitals when there is no other provider around. When there is a choice, such as in Anchorage, preference would be given. Mr. McLane asked clarification of Mr. Campbell's memo of June 3rd, ' asking how an expenditure of $351,311 was a savings to the Borough. }- He said if the figure were divided in half and then divided by 160 or so Borough employees, it would come out to 52200 per employee although it had been stated only 40 or 50 employees would get an j increase. Mr. Campbell specified that administration had never said V i there were no increases in the contract. Although there are no across-the-board increases, there are increases due to implementation of the reclassification study for approximately one-half of the classified employees under the market average. Mr. Campbell stressed the fact there is not currently a salary cap which this classifica- tion study would implement. Mr. Johnson spoke against ratification based on his concerns that the study was a year old and he felt current markets would reflect a a different picture. He urged the Borough to look at an insurance !i participation program where the employee would contribute and making certain there isn t "double" coverage through a spouse's employment. He felt perhaps higher deductibles should be looked at and the hires Assembly should consider an across-the-board wage cut and new should be brought in at somewhere around 25% less than current employees. He felt a one-year contract should be adequate given the economic picture. } Mr. Skogstad said it wasn't his wish to renegotiate the contract on - the floor but had a question regarding merit increases. He asked budgeted confirmation that these merit increases were being at somewhere around $125.000 and asked how many meritorious increases were awarded last year, Mr. Campbell reported approximated 50 - 60%. Mr. Skogstad felt most employees were doing outstanding work, but his above average personal opinion of language defining meritorious as should more rightly be defined as 'outstanding" performance. Mr. ' Campbell said overall government wages have gone up rather dramati- few because a lot of cally in the United States in the past years municipal and local governments had wages frozen for a period of time --� _._•.._ _. ___�__:__� when they experienced a shortfall in money and so the subsequent f catch-up. He pointed out the data base for the reclassification study covered more than Anchorage incorporating statistics for Alaska 1� municipalities and lower 48 statistics. RESOLUTION 86-82 FAILED ON A VOTE OF 8 NO, 7 YESi Brown. Crawford, Sewall. Moore, Glick, Fandel and Keene voting Yes, Carey absent. t r . -7- L L 4: a. f: Y. r a ii i. n Ira _•1,� Mr. Carey excused himself at 'Wruyimatel? 8s3r' p.m eturnvir, at approximately 11:00 P.M. (g) Res. 86-93 "Calliging a Special Election Regarding the ITUTI-onoto Bear CreekfFi erServiceencedical Area, andvices Regardingran the Initiative for an Ordinance Providing a Seasonal Ban on Sale and Use of Fireworks Outside of Cities" (Mayor) Louie March Seward, drew members' attention to the ballot question a v'aising'11e�recommended an amendment to delete "are prohibited only from April let through June 17th and from July 8th through October late% He recommended adding allowed only from June loth through July 7th and from October 2nd through March 31st" He felt this would be clearer to voters. Atty. Schmidt clarified this statement noting the way it is written in the resolution wag an attempt to track the language of the petition itself and she would have no problem with adding the language in addition to the original petition. Local Affairs Chairman Moore said the Committee would move for adoption, as amended. The Committee had several questions as to who would advised the Committee that all proposition shouldfireworks. allowed to Boedeker vote on the fireworks proposition. ASSEMBLYMEMBER MOORE MOVED ADOPTION OF RES. 86-93 AND AMENDMENT TO SECTION 1. STRIKE, "[outside of the organized tides) SECTION 3.. LINE 3, STRIKE, Borough _(residing outside of the rhetie*pra at the Me- Atty. Schmidt suggested.adding after `October *1st, Mr. Sewall asked the Borough Clerk if when the petition was submitted, it included voters from within the cities which she confirmed. Mr. Sewall felt if the intent of the petition was to address only those areas outside of cities, it seemed the petition was invalid in allowing in -city signers. Borough Clerk Brindley expressed agreement with Mr. Sewall. However, she noted the advisory election held in the fall was submitted to all voters in the Borough and so when the petition was requested it was never considered whether signatures should be inside or outside the cities. When the questiReeves felt itshould only come prcovergof this residents utsidetof the Deputy felt Mr. Moore reported Mr. Boedeker did state that in his opinion the statutes require any registered voter of the Borough be allowed to sign an initiative of this type and all voters of the Borough would be allowed ofit even cities.though throvisions Further, if down the the line ordinance line it became necessary to separate the outside city votes from inside city it would be easy to do because of precinct allignments. Mr. Mullen asked d the would be if the Assembly tcarved hout treferences what lto fireworks inramifications theresolution leaving the Bear Creek vote. Ms. Schmidt indicated the makers of the petition would probably file a lawsuit stating the Assembly was not following the initiative process as they were in compliance with required signatures. He then asked what would happen if congruently with carving out these references the Assembly requested the makers of the petition filter out city residents and provided additional time to obtain further outside cities signatures. Mr. Moore repeated that Attv. Boedeker had stated all registered voters of the Borough were entitled to sign the petition. Additionally, he said if the Assembly modified the resolution so that it substantially changed the intent of the petition, the Borough Clerk would be mandated by law to proceed with the petition, regardless of Assembly action. Mr. Sewall noted if cities were eliminated, the percentage of required signatory would be lowered and thus there was no certainty the petition would be insufficient. Ms. Schmidt stated there is no provision in the state statutes for other than an areawide vote on an initiative. 4- j 1 t:L�iA; 1'i.YIN L:.A BUN014.4'._�i,SLMB:.l I(LLA'1-- r%::ltt't;:.'i ::L:..::w Wilt. ASSEMBLYMEMBER MC GAHAN MOVED TO AMEND SECTION 3., LINE 8, BY ADDING "...year, outside cities?" Mrs. McGahan stated she proposed the amendment so voters in cities ' will not feel the question would invalidate their city ordinances. ASSEMBLYMEMBER MOORE ASKED UNANIMOUS CONSENT APPROVAL OF THE. MC GAHAN AMENDMENT, THE MC GAHAN AMENDMENT WAS ADOPTED BY UNANIMOUS CONSENT. Mr. Dale said it appeared to him that if at special election the results are favorable to the petitioners, it would have no practical effect until October 1. So, he wondered if the petitioners had considered holding the election at the regular election thus saving a lot of money, while not affecting the ordinance provisions. Mayor Thompson said while this was reasonable, Title XXIX specifies an election must be held within 75 days upon filing of the petition. Mr. Dale asked if Mr. March would convey his feelings to the Assembly. Mr. Louie March rose to speak... ASSEMBLYMEMBER BROWN RAISED A POINT OF ORDER. Mr. Brown stated that citizens have rights and it is not in order to ask citizens to give up their rights. Pres. Glick advised his was not a point of order but a point of personal information. Pres. Glick stated she felt Mr. Dale's question was bona fide and the Assembly would benefit from hearing Mr. March's answer. ASSEMBLYMEMBER BROWN OBJECTED STATING HE WAS MAKING A POINT OF ORDER THAT THE ASSEMBLY WAS OUT OF ORDER IN ASKING A CITIZEN TO GIVE UP HIS CONSTITUTIONALLY DICTATED RIGHTS. PRES. GLICK ASKED MR. MARCH IF HE HAD ANY OBJECTION TO COMING TO THE PODIUM TO ANSWER MR. DALE'S QUESTION. MR. LOUIE MARCH RESPONDED HE HAD NO PROBLEM IN DOING SO. 1 Mr. March advised he personally felt that Title XXIX mandated the j date, although he was interested in saving the Borough's funds. Mr. Brown expressed agreement with Mr. Dale's concern noting there would be a primary election in August within the time frame. Borou¢h i Clerk Brindley responded this had occurred to her too, and she d called the State asking if the issues might be held on August 26. tj 1986 along with the state primary. After conferring, the Supervisor and Director of Elections had decided there were too many ballots in this year's Primary to add another. Mr. Brown felt the State was out of line to make this judgment and he would support an amendment to the resolution specifying this. THE MOORE AMENDMENT WAS ADOPTED ON A VOTE OF 14 YES, 1 NO: Brown } voting No. f ASSEMBLYMEMBER BROWN OFFERED AN AMENDMENT CHALLENGING THE DECISION OF { i THE ELECTIONS BOARD BY ADDING A NEW SECTION 4., "That the action of attem fed for election On au flat zo i700.1 auuj0anaw1r. O—U — . . u u uat l 1., ADD/STRIKE, "(July 29, 19qq 86) August 26, ASSEMBLY14EMBER MC GAHAN RAISED A POINT OF ORDER STATING THAT AS THE MOORE AMENDMENT HAD BEEN ADOPTED SPECIFYING JULY 29. 1986. SHE BELIEVED PER MASON'S THE BROWN AMENDMENT WAS OUT OF ORDER. PRES. GLICK CONCURRED, ADVISING MR. BROWN HAD MR. MOORE NOT SPECIFIED JULY 29, 1986, HIS AMENDMENT WOULD HAVE BEEN IN ORDER BUT WAS NOW OUT OF ORDER. ' h id if th Per Mr. Johnson s inquiry, Pres. Glick asked Ms. Sc m t e Assembly passed such a challenge to the State Elections Supervisor. would the effective date of the vote be held until after the courts had ruled. L f iAl L i.K _i •'l.A Hi��i 1't_N AS:iE},r. .1 .•_-AV ASSEMBLYMEMBER MOORE RAISED A POINT OF ORDER STATING D1,t.U�SION WAS FOLLOWING A MOTION NOT BEING ENTERTAINED ON THE FLOOR. ASSEMBLYMEMBER MC LANE MOVED THE PREVIOUS QUESTION ON RES. 86.93, ENDING DEBATE AND CALLING FOR THE VOTE. ASSEMBLYMEMBER MC GAHAN 091,14 ASKED UNANIMOUS CONSENT. RES. 86-93 WAS ADOPTED ON A VOTE OF 13 YES. 2 NOi Brown and Glick voting No. TION OF ASSEMBLYMEMBER Kasilof MTownsite, VacaED TO tion oRULES Portion of RAlleyway between Lots 1, 2, 7 and 8, Block 5. U.S. Survey 3564. LEGISLATIVE ORS14IGGHT BEBACCOMPLISHEDKED IF ACTION ON AFTER THEM DNIGHTiESE DEADLIN ITEMS FORSLEGISLATION. Mr. Sewall was advised by Admn. Asst. Best that in his opinion it is a legislative mandate that the Assembly has a veto power and thus the items would be legislative. ASSEMBLYMEMBER SEWALL THEREFORE MOVED THAT ITEM 0. (b) ALSO BE ADDRESSED. PRES. GLICK CALLED THE VOTE ON THE MOTION TO SUSPEND THE RULES TO ADDRESS ITEM "0." THE MOTION TO SUSPEND THE RULES WAS UPHELD ON A VOTE OF 11 YES, 4 NOi Johnson, Mullen, Crawford, and Glick voting No. 0. OTHER BUSINESS (a)* Kasilof between Lots s1, 2,V7 and 8,of a Block 5t1on U.S fan Survey13564y *Planning has requested that an action be taken on this vacation at this meeting ASSEMBLYMEMBER MC GAHAN MOVED TO CONCUR WITH THE KPB PLANNING COOf PORTION OFMMISSIONEQUEST AN ALLEYWAY BETWEEN LOTS 1FOR THE VACATION OF1,, 52. 7 AND 8 ILOF T Block TOWNSI.A5. U.S. SURVEY 3564. Harold Morton Anchorage, advised he had applied for this vacation of an a Byway enabling him to utilize his property. Currently his property consists of four (4) lots which are all too small to do anything with. Per his understanding, the Borough requires 40.000 square feet in order to install a septic system. He said in reading the Clarion, he understood there had been quite a stir in the area because T U.S. Postal Service asked the Borough where a good place would be locate the new post office. The Borough recommended in March that this land be utilized. But, he said he had received no indication the U.S. Post Office intends to buy the property. Mrs. McGahan questioned Mr. Morton about location of his property and he explained the lots were right off K-Beach Road, but on the map. platted in 1960, K-Beach is listed as North Kasilof Road. She noted these lots were substandard size. He indicated that was true and all lots together were barely over 40.000 square feet. In response to Mrs. McGahan's question, Mr. Morton said in December 1985 the C.S. Post Office asked for bids and he submitted a bid offering the property for sale but he's heard nothing from them. Dorothv Truedel Kasilof area resident, expressed concern over the current postaL location from a safety consideration and supported the possible location on this property as a safer alternative. She felt the location would offer opportunity for expansion and would be oif the busy Kalifornsky Beach Road area. Marc rmat onZimmerman Kasilof area resident, noted some incorrect n oon t e Planning Notice she received which stated the purpose of its public hearing was to replat four lots into one lot for the new Kasilof Post Office. She advised the language was -10- L 1 f PL::titil'L A '+ IftUUGIt r�. ,t a;i- 1+�h.:1' .N .\T, ! Mh:L:IIa. changed to delete reference to the postal facility at the Planning Commission meeting. She urged the Assembly to delay c rsiderationnoticefin order allow the Planning Coma►iesion to pap ropehearing and public comment. Mir Walli asked Mrs. Zimmerman if she knew who in the community had made the initial. effort to build a new postal facility. Mrs' Zimmerman responded she didn't know, but assumed it was the postmaster. Mrs. Walli further asked if Mrs. Zimmerman if she knew the location of other parcele beingg considered as a possible site. underZimmerman consideration, the she post iofficebut hadknow that narrowed itfeleven to three. Admn. Asst. Best advised the obliggation of the Planning Dept. in making public notice is to adequately reflect the public lands being vacated which was accomplished in this vacation notice. tion re Mr. Assembly. noted the uesti n before the Assembly was thesvacationoof an lleyway in othe Assembly. q be fora asome time of rder that foul - notlots what thetstructulei e useable will be. Mr. Moore asked Mrs. Zimmerman if because of the notice she lic ad received, she was aware the Planning commission Mrs.wZimmermanas gconfirmed hearing on the vacation of the alleywub ay. she was and because of the notice she attended the meeting. Mr. Moore Commission which sheconfirmed.wereallowed to It before the Planning in ilboxes in Kasilof rin order toe get thestrue nfeeling eofathe survey �esia hedresidents where they would like the post office to be. LETTER BE SENT FROMTAD THE RASSEMBLY UESTED THAT QUESTING A PUBLIC HEARING SONDTHE LOCATION OF THE POSTAL FACILITY. ASSEMBLYMEMBER BROWN ASKED THE VACATION BE POSTPONED UNTIL THE FIRST MEETING IN AUGUST. ADMN. ASST. BEST ADVISED PER STATUTE THE ASSEMBLY HAS 30 DAYS TO VAAppROVE/CATIONWOULDCOMMISSION ACTION AND BY POSTPONING THE CATIONWOULDIN Mrs. Walli wished to provide information to Mrs. Zimmerman what it takes to apply to vacate a property. Mr. Best advised the majority of the propertyowners fronting on the public way sought to be vacated petition for a vacation. TOE GMC RANT VACATION AT ON NWAS APPROVED ON ATO UPHOLD THE NNING VOTE OF�12 COMMISSION , RECOMMENDATION NO i Brown, Walla and Keene voting No - of (b) Camlot by thSea ivision of Blk. 1 Plat #71-309 There was no public comment on the proposed vacation. ASSEMBLYMEMBER SEWALL MOVED TO UPHOLD THE ACTION OF THE PLANNING COMMISSION. Mr. Sewall noted per Planning Commission minutes that initially the wagon road right-of-way was approved for vacation but the dike right-of-way was disapproved. However. art ofi theadiketrigghteof way wad that s approval of the road right-of-wa approve the road right-of-way was approved so the decision to was reconsidered and a portion of the road vacationriorit withheld ethe Bear was the old dike. Mr. Sewall noted it was a p Creek Fire Service Area to get a second access to the subdivision d Highway and he didn't wish to see land going north to the Sews' vacat which order to provide access - He would asked Mr.Irough havetBeatyifathere wereaa better location for the road. -11- In J _. L_ T .c � U t I� 1: U f �' :SL'L., evht. 1''•�EMNL'i thl,C AK w'.t.Ctl3i.1 '_ .�f_T %�`'_� —+ -'�— Mr. Best suggested an extension of Camelot Drive going north and then turning east. Mrs. McOahan asked Mr. Beat for clarification of the Planning Commission votes. Mr. Beat explained the Planning Commission had e split the vacation -- road right-of-way and dike right-of-way. road right-of-way, the old wagon road running north and south, was acted on first to vacate. Secondly, the dike easement running east and west along the north boundary was addressed and it was deter- mined the existing was needed to protect the subdivision from idered and the of flooding of the creek. Subsequently, when 1t was discovered part the road right-of-way included the dike, it was recons he vote was 51 to portion2 ; uponwreconsideration the motion tinitially disallowed. Mr. Sewall said o exclude the tportion was approved unanimously. Mr. Sewall stated while the motion was made in a positive mode to uphold the Planning Commission he felt a motion to veto probably would have been in order and didn't plan to support upholding the decision. Mr. McLane noted Camelot By the Sea Subdivision goes to the easterly boundary of section 23 and thus unless there was an exception there wouldbe a enehere was not. Beat advised this landwas doneprior to1923nd so t UPHOLD THE PLANNING SSION ACTION FAILED ON A VOTE ENOTION NO, 5 YESI Nash, Sk getad,l Fandel and McLane v OF10voting Yes. J. INTRODUCTION OF ORDINANCES (a) Ord. 86-47 "Establishing a New Chapter 5.09 to the Kenai en nsu a orough Code, for Instructions Specifying the Form and Procedures for the Submission of a Complete and Acceptable Bid" (Brown) Ord. 86.47 Substitute "Establishing Bid Procedures to equ re t e resence of the Public Works Director, the Finance Director, and the Borough Attorney or His Designee at all $500,000id Contracts to Determinefor Major Bond QualificationslofuBidderscts and�e! Requiring Strict Compliance with All Bid Specifications" (Walli & McGahan) No public comment. Public Works Chairman Sewall said the Committee discussed 86-47 and 47 Substitute 86-47 and had nond unanimously recomm recommendation onOrd. ended "do t introduce" Ord. rd. 86-47 Subst Finance Vice -Chair Nash said in Committee discussion they found Ord. 86-47 Subst. probably should have been assigned a different sequential number as contents were substantially different than the original. Concern was expressed that Ord. 86-47 Subat. should have had provision for codification. Unanimous recommendation was for Finance Committees with uttion sabspecific datto e for hal earing Public Works and ASSEMBLYMEMBER BROWN MOVED INTRODUCTION OF ORD. 86-47 AND HEARING JULY 22, 1986. Mr. Brown stated the Borough's in court on the Hope School and on the Homer High School. Bidding procedures is where the whole question of capital projects start in terms of actually getting the project off the ground. In reviewing the history, which he noted Mrs. Walli was kind enough to research, there have been attempts since the early seventies to get something done in the area. He said his legislation would require pre -qualification of contractors and subcontractors but other areas weren t defined as he wasn't competent to accomplish these without help. ASSEMBLYMEMBER MC GAHAN MOVED TO AMEND TO INTRODUCE ORD. 86-47 SUBST. AND POSTPONE AND REFERRAL TO THE PUBLIC WORKS/EDUCATION AND FINANCE COMMITTES UNTIL AUG 5, 1986. -12- I Y NIFi::+c; Jun K£NA' CbN1NSULA n�1K,�1',;N ., ;•L;:U. Y KEG.iI.(+F. ASS .' ' e would Mr. Keene said considering the subject of the legislation edate nd would like like to see the ordinance postponed unt11 a later date to participate in a discussion at a September meeting. AMENDMENT TO ASSEMBLYMEMBER SKOGSTAD MOVED TO AMEND THE MC CAHAN UNANIMOUS STPONE RD, 86-47 SUBST. UNTIL SEPT. 2, 1986. AMENDMENT APPROVED BY CON BE HC GAHAN A AM DMENOF T, S AM NDED, ORD g60p47 D(SU83T F RANIMOUS By WAS I SEPT.CONSENT 14G 1986. (b) Ord. 86-50 "Amending the Borough Code of Ordinances to Reimbursement" (Mayor) Area Board Member Compensation and ion 2 Local Affairs Chairman Moore stated the Commitew noted inge routine provisions seemed to clarify existing languagegive service area reimbursement for travel, etc. The Committee did thave reservations regarding language in Section 1 „ as it appearedhat ams boards, y self -r twhichawouldinty ot tordinarilyabewreimbursable to salaries under expenses ASSEN,BLyMEMBER MOORE MOVED TO INTRODUCE ORD. 86-50 AND SETTING A HEARING DATE OF SEPT. 2, 1986, PROVIDING THAT THE ORDINANCE BE SENT TO ALL SERVICE AREA BOARDS TO HOLD HEARINGS WITH TINGE TS ON PROVISIONS OF SECTION O1. .CAMD FORWARD MINUTES OF THESE MEETINGS TO THE KENA BOR NG A AECTION4.SERVTCEAHAN AREA MBOARDS OVED OWILLNNOT BE ABLE OTOSVOTE TONIENACTING TERMS OF, PRE ENTS BAND OARDS MEMBERSUCHV AREN EXPIREDNOT AND ASKED EFFECT UNANIMOUS CONSENT APPROVAL. that Mr, McLane expressed agreement with Mrs. McGahan Sectioning I- which conceivably a service area board under language doeson allow, meeting tallow ncesawhi htation could be considered in the salary range inces could vote in eable THE MC GAHAN AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT. Mrs. McGahan cited her experience asoa service area boa d memberwithinnd noted that as a member of a board, y etc. She service area thus there is no need for meal allowances, felt it a societal problem that individuals do everything for some sort of monetary compensation or reimbursement rather than being a rear part of the volunteer. She said people have served on these boards all along without monetary reimbursement and she felt in a g American system that this was the case. LIME 4 ASSEFBLYMEMBERreBOtionEofTtheAasemblND TluN°n .recomraendation of the determined by service area board." Mr. Nash expressed concern about aoin tosspend withoutervice area public.oard from t he resolution about what ag inste the Brown amendment. public. He spoke Mr. Keene asked if at budget time wasn't there opportunity to control expenditures which might be out of line. Yres. Click confirmed this was tre. Mr. publicu uhearing itene woulddbermoreoappropriatewtonintroducethe ramendmentaance came to ASSEMBLYMEMBER BROWN WITHDREW HIS AMENDMENT. Mr. Sewall observed that service area people are not Just "local" folks, noting Mr. Skogstad has to travel 150 miles round trip to serve attend road service area board meetings. Additionally, he felt the is being seated. He McGahan amendment might be unenforceable because people staggered terms; there is no time when everybody £elt Mrs. Glick's proposal more reasonable to implement re the next session after election. toPres. enck noted at hearing there would be a legal opini n on -13- L ' 31 A ;1.NISLY :�• —_ - ORD. 86-50 WAS APPROVED FOR INTRODUCTION AND HEARING SEPT. 2, 1986- ON A VOTE OF 13 YES, 2 NOt McGahan and Dale voting No. (c) Ord. 86-51 "Amending KPB 2.12.080 to Delete Assembly Car NITo—w—a—Riew(Carey) detained Glickadvised dreturning members to the meeting,ey bhad apparently utin iscussion been she believed this ordinance was not drafted exactly as Mr. Carey had wished. WIITTHHDRAWN IFSON THEREBWAASSLF OF NO OBJECTION . THERESKED WAS NO THATORD.BE (d) Ord. eneraT_MIiAationiBondsindebtedness AmountbNotthe toIssuance of Exceed $10,gg343,533 for the Purposes of Acquiring, Designing. pp theaWeat.HomergElementaryy School andaP edging pulland sit and Credit of the Borough with Payment of the indebtedness to be Derived from Taxes Levied with the Borough, and Subject to Approval by the Voters of the Regular Election on October 1, 1986" (Mayor) There was no public comment. Public Works/Education Chairman Sewall advised the Committee had no recommendation. ASSEMBLYMEMBER SEWALL MOVED INTRODUCTION OF ORD. 86-53 AND SET HEARING JULY 22, 1986. Mr. Brown stated purchase of the property was not necessary in order to accomplish construction of the school. Specifically, he stated the Borough plans to purchase fourteen acres of land which does not mile have sewr down thee ero, water orad from therprea ntajuniord high schoolwhich is bsite 8 Asa rter suggested by a Homer News editorial, Mr. Brown indicated he was going to play ball" n refer nce to the West Homer Elementary. He felt the only way this would succeed would be to convince voters that there is a need in terms of pupils and the school would be built in the least expensive manner High is which would be to Located build the school on the :0 acre parcel where ASSEMBLYMEMBER BROWN MOVED TO AMEND SECTION 1. AND SECTION 3. TO PROVIDE $10 000,000 FOR GENERAL OBLIGATION BONDSt STRIKE: ($10,343,5ittt Mr. Best advised information regardingg sewer and water costs would not be available until August 19, 1986 and so suggested a corres- ponding hearing date in order that the question appear on the election ballot. HEARING DATEEOF AUGUST MOMOVED ON CEND RD HIS S53AIIEND�NT TO PROVIDE A Mr. Sewall spoke against the Brown amendment feeling it premature until all information is received. ASSEMBLYMEMBER MOORE MOVED THE PREVIOUS QUESTION ON THE BROWN AMENDMENT, ENDING DISCUSSION AND CALLING FOR THE VOTE. THE MOTION WAS APPROVED BY UNANIMOUS CONSENT. THE BROWN AMENDMENT FAILED, 14 NO, 1 YES, Brown voting Yes. dment at to Section McLane feeling noted he would it wggas noteto adequatellTyq ke worded when addressing the state 80% must be�funded�annuallygbe the legislaturehe ." state Share of ASSEMBLYMEMBER KEENE MOVED TO AMEND THE SEWALL AMENDMENT TO ORD. 86-53t SETTING HEARING DATE OF AUGUST 19 WHHICHHWAS IAPPROVED NG ON GONTASVOTE 8OF 1061 RYESIKI1,G5ANOt Nash. Glick. Dale, Fandel and McLane voting No. -14- L " - 1 A_iX.- ORD. 86-53, HEARING DATE. AUGUST 5, 1986, WAS APPROVED FOR INTRuU_`-'- TION AND HEARING BY UNANIMOUS CONSENT. + I (e) Ord. 86-54 "An Ordinance of the Kenai Peninsula Borough of girth Guidelines for the Operation of Off -Road Motor Vehicles" (Glick) PRES, GLICK WITHDREW CONSIDERATION OF ORD. 86-54 UNTIL JULY 22, 193E IN THE INTEREST OF LEGISLATIVE TIME CONSTRICTIONS, K. CONSIDERATION OF RESOLUTIONS I ASSEMBLYMEMBER MC GAHAN MOVED TO SUSPEND THE RULES TO CONSIDER THE MAYOR'S VETO, ASSEMBLYMEMBER MOORE MOVED UNANIMOUS CONSENT APPROVAL. 1 ASSEMBLYMEMBER BROWN OBJECTED TO SUSPENSION OF RULES TO CONSIDER :::E i 1 MAYOR'S VETO OF CAR ALLOWANCES. THE MC GAHAN MOTION TO SUSPEND THE RULES FAILED FOR LACK OF A 2�3'S MAJORITY ON A VOTE OF 10 YES, 6 NOt Nash, Brown, Crawford, Sewall. Skogstad and McLane voting No. ASSEMBLYMEMBER MOORE MOVED TO SUSPEND THE RULES IN ORDER THAT A.» MATTER ADMINISTRATION FELT NECESSARY TO ACCOMPLISH PRIOR TO ?liE MIDNIGHT DEADLINE FOR LEGISLATION. Mr. Keene commented he believed the reason the hearing date on the Homer school was postponed was to try to work out the details between the property and the sewer arrangements. He noted, therefore, Res. 86-92 deals with that piece of property. If it were postponed now. it would be two or three weeks until the Assembly would address it. MAYOR THOMPSON CONFIRMED ACTION NEEDED TO BE TAKEN ON RESOLUTIONS 86-85, 86-86 and 86-92 AND ASSEMBLYMEMBER MOORE SO MOVED. MOTION TO i SUSPEND THE RULES PREVAILED ON A VOTE OF 12 YES, 4 NO: Bre:n. Crawford, Carey, and Fandel voting No. (a) Res. 86-85 "Approving the Schematic Documents for the ew ewar Elementary School Prepared by Architect Harold Wirum" (Mayor) (b) Res. 86-86 "Authorizing Harold Wirum 6 Associates to rocee w th the Design Development Phase for Seward Elementary School and Establishing a Budget" (Mayor) No public comment. Public Works/Education Chairman Sewall. advised the Committee unanimously recommended "do pass" on Resolutions 86-85 and 86-86. ASSEMBLYMEMBER SEWALL MOVED ADOPTION OF RESOLUTION 86-85 AND RESOLUTION 86-86. ASSEMBLYMEMBER MOORE MOVED UNANIMOUS CONSENT. ASSEMBLYMEMBER BROWN OBJECTED. ASSEMBLYMEMBER MOORE MOVED THE PREVIOUS QUESTION, LIMITING DEBATE :,tiD CALLING FOR THE VOTE, THE MOORE MOTION TO MOVE THE PREVIOUS QUESTION PREVAILED ON A VOTE CF 15 YES, 1 NOI Brown voting No. " RESOLUTIONS 86-85 AND 86-86 WERE ADOPTED ON A VOTE OF 15 YES, : Sca ` Brown voting No. (c) Res.om 86-92 "Approving the Purchase of Lot 1 Subdivision ro n and Viola Hansen Containing 141 Acres for the - - - - — Use by the Kenai Peninsula Borough School District as a School Site" (Mayor) Dusty Rhoads ex -real estate broker, said he had a problem as per his un erstan ng the school in existence on the 30 acres is utilizing -15- L . J L .�• ::P1BLY �:£.ETaG 'Utah 1'eot, NSitl A lS�1Knt:,tt ,..r,iiL Kf.�'�.Ar -- approximately 25% of the 30 acres leaving room for the new school. He felpublic tutilities.t Hek questioned athe priceof$21,000 per be acre without acrefor raw property. Mr. Keene asked Mr. Rhoads if he had seen the Ord. 86-92 Substitute which would approve a purchase price of $14,000 per acre qualified by Ian stating if certain improvements are provided to that site an additional gum would be paid. Mr. Keene said he Stir( ved rMrt $14,000 was what the property was assessed at by son confirmed Rhoads was not aware of the information. Mayor Thomp this was the value set by the Borough appraiser. Mr. Brown asked that he might pose a question or clarification to requiresri improvements Ito be Rhoads. provideda toe the property, that since tSubstitutehe what would be the true cost per acre. Midnight deadline -arrived preventing -further -legislative action_---- ASSEMBLYMEMBER SEWALL RAISED A POINT OF ORDER NOTING MR. RHOADS APPEARED TO GIVE TESTIMONY AND HE FELT IT DISCOURTEOUS TO CONTINUE THIS DEBATE. Pres. Glick thanked Mr. Rhoads for his testimony and said she was reasonably sure he would be able to hear the answer to Mr. Brown's question from his chair in the audience. *(d) Res. 86-84 "Resolution for Alaska's Day of Peace" (Brown) *(e) Res. 86-87 "Approving the Schematic Documents for the ew est omer Elementary School Prepared by Architect Harold Wirum" (Mayor) *(f) Res. 86-88 "Authorizing Harold Wirum & Associates to rocee w th Design Development Phase For West Homer Elementary School and Establishing a Budget" (Mayor). (g) Res. 86-89 "Approving the Schematic Documents for the New Tustumena Elementary School Addition and Remodel Prepared by Architect by Architect Carmen Gintoli" (Mayor) WITHDRAWN FROM CONSIDERATION JUNE 17 BY MAYOR (h) Res. 86-90 "Approving the Schematic Documents for the e antral Peninsula Elementary School Preppared by Architect Harold CONSIDERATION JUNEi um" (MAYOF� WITHDRAWN FROM *(i) Res. 86-994 "Disclosure of social Security Numbers in ea *Not addressed prior to midnight deadline for legislation. L. PENDING LEGISLATION (This item lists notgforation actionhich thiswill be addressed at a later meeting.) (a) Res. 85-161 POSTPONED (b) Res. 86-27 POSTPONED (c) Res. 86-28 POSTPONED Public asked if histhere were any time and there wereobjection to taking ITEM Q. none. Q. PUBLIC COMMENTS MENTS AND ASSEMBLY'S PUBLIC PRESENTAT CPRESENTATIONS UPON MATTERS NOT CONTAINED ENDA M88HJmoay Ben rat easeSchroeder public testimony on Ord.the t the 86-73VSubst., ocal -17- 7 ' KENA1 PET+i1:aULA b. 'r�'t t:H AySr:N.YI,'i REt;ULAK ASSEMBLY E } Hire Policy, as this was crucial information in many areas of the + Also, in light of Mr. Johnson's comments regarding Ord. 86-8 state. air carriers, warehousing on Slope 505, mentioning a 20% wage cut on , spousal insurance participation, across-the-board cuts, etc. woes. Glick after discussion with Borough Clerk confirmed the minutes would be released. Craig Panning stated his disappointment in the actions of the Assembly on tie contract. He apologized that some questions were not for Aasemblymembers, but he hoped they realized - addressed adequately the position they had placed the employees in. He noted Mr. Semmens I 5, 1986 in which he'd stated the employees f testimony on June viewpoint was the Assembly's attitude was one of non -concern, which 1 July 1st, employees Mr. FannlnR believed was true. He noted that on would have no protection under state or federal law. He hoped the ,.. :`^ } Assembly would work with administration in getting f contract in not leave the employees hanging for any length effect very soon and of time. He offered the Association's help in this process. j :___. Mr. Brown asked what Mr. Fanning meant by "having no rights, no _ 49 that in 1974 the KPB Assembly - LA - protection." Mr. Fanning responded voted not to recognize the Public Employment Relations Act (PERA) if there are ' which is where employees have to go with the Labor Board Co this Board. Mr. any disputes over labor and KPEA cannot go Fanning indicated he was willing to help the Assembly write a resolution recognizing PERA per Mr. Brown's inquiry. ' Mr. Moore asked Mr. Fanning if he knew whether the employees and to continue administration could, by whatever agreement, arrange provisions of the current contract for another couple months or so. t't Mr. Fanning said he couldn't answer for KPEA without consultation or he have a with it. `e. the administration although wouldn't problem jl Glen Schroeder,Ridgeway, commented on Mr. Barton's comments on — t He felt it would be j insurance contract with hospitals. advantageous to keep contracts within the Borough, with some j Peninsula 1 exceptions. He expressed disatisfaction with the Central Hospital Board administration and was supportive of an elected board. r Steve Rutherford Chinulna Drive, stated objection to administration Nikiski and new Kenai Elementary throwing out t to bids on the new Schools and putting them to rebid. He said it was being changed from bid C-M (construction management) method, it was being changed to because the bids were above the 1 R through peneral contractors architects estimates. However, he not several subcontractors' bids were within the architect's estimate and he felt only those that in higher should be rebid without redoing the whole project. He q came said all the bids have been published throughout the state and he didn't think it fair. y? -} everybody knows what the bids are now and He felt what would happen is people would simply rebid the low bid. thousand. He He said the cost of making a bid to him was a couple of said concrete, masonry, ceiling and walls, rough carpentry were over the architect's estimates and should be rebid, but not those within ' the estimate. Jack Polater Port Graham, addressed Res. 86-94, not dealt with at meeting. noted that language had been left out regarding ..; this people's religious beliefs. He cited several biblical references stating the philosophy. He suggested Mayor Thompson consider issuing a letter of the alphabet rather than using a number for land parcels. - M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA I N. MAYOR'S REPORT _ ._ _ - (a) Land Sale - Mayor Thompson advised there were 322 units .. 401 issued, 3,308 tickets sold and 260 of the — - -- - --- available, applications lots were applied for thus leaving at least 62 units available for --- - — - -- -- over-the-counter sales starting Oct. 2. j (b) Litigation Status Report - He advised the attorney had been 1 i`.. called out of town suddenly and thus the report wasn't available. i; c �t - r i i; h _ I; i I i ' 4. N � 1 ,, 1 1 i p 12 1 F i�1rtiA} Prr4 NSUI_% kUh, fk. )- rHe noted a problem ,n the Kenai landfill, stating the city was zoning the Borough out of the landfill with suggestion that the Borough transfer approximately 20 acres of land to the City, worth about $250,000. for the privilege of expanding the public landfill. The administration didn't feel this was wine. He said administration needed operation. least a idmoifthst�Q Cpet ity another Keaisite doeapproved allow this expansion the cost to the City and Borough would be approximately $500.000 In the next twelve (12) months. Pres. Glick asked why administration was going back to rebid on the elementaries and why, despite Assembly approval, was administration 9'e liked he C M general approach obutactherewee concept. prroblemsor �with Tsaid hompson hwastalready.The site in progressprepereaidnwork was a the bids came in arate hiIhercontract funds available for the schools.. Going through cost analysis with C-14 costs being a little high. it was determined the Borough couldn't do hit or miss rebids and finally determined the best course was to a back to thid he wou d have likedetoe accept cthe Rutherford bid ontractor type of oasrwell na rgular as some others, but the Borough just couldn't pick and choose. Mr. Sewall asked if the protect could be kept to schedule and the Mayor replied the rebid process was the quickest way to get the project back on schedule as the site work was on the way. Mr. Sewall stated andtherford regretted side a tuatiood on. Ththat yor bids at agreed. open to the Mr. McLane asked if sending the proihqualified out to a general contractor with the names itwas. but tere was a le of the low bidder p oblem with itdered. The Mayor stat d bids The In stated it higher than the the A/Est estimate ect ianwhich hia m�nof of the elocal contractors did not seem to know how to submit the bids. Mr. Brown asked if bids were rejected for failure to submit a bond with the bid and Mr. Hakert stated they were, subsequent to the bid opening. At the opening a corporate surety in lieu of a bid bond was accepted but following discussions with the Borough Attorney who did not agree the surety constituted a bid bond, the bid was allowed to be read, reserving the right to reject which was done. There were other irregularities, none of which the instruction to bidders specifically stated they would be rejected. The second area he adds on particulars area with relationship i.e. ceiling bids to flooring ferent i flooringbids. Mr. Hakert advised in this case there were separate bid packages for different categories. For instance, on the framing, carpentry and roofing there were three (3) different packages with a significant relationship. Mr. Hakert advised all bids, excepting the site work pbreviouslye. This ppawarded, were rejected because the total summation of the leids weft the administrationSwithO00 two choices lus r thefunds totheAssembly for more moneyy or try to do something which would bring bids within deletefunds theamoree costly Cu M services it was administration's nd revertotosprojectendation to management leaving more money available. Mr. Nash asked Mayor Thompson with abandonment of the construction management (C-M) was the Borough now in a position to ascertain how much the Morrison-Knudsen contract would be. Mr. Hakert said Public Works wdollar figureMr of finalizing ntheniasked tcontract and he the Assemblyhwouldnbe have ratifying the dollar amount or would it be in the form of a report from administration. Mr. Hakert advised it would be in the form of a our e ortpositi basically amount- Hakert o said time rtheirPublic termination for Wrks Dept f was co))nsidering alternates, as opposed to addendums, bid with the general contractor package including eliminating some paving. deleting sore classrooms, etc. to bring the bids in line with funds available. Mr. indicatedNash said contractors had him obtaining the bonding and theyalso felt there they'had deficienciesith it. -19- 11 L the architectural on the structural ab they were afraid of liability. Mr. Hakert noted he was not aware of structural problems but was a. workers responsibility bonding h ns isslikedtbyctors had a higher issuing bond cocentage of on the mpaniee Mr. Sewall asked if the department had rejected the option of trying to negotiate some delete alternates without rejecting the bids to preserve the bid process. Mr. Hakert said the problem was there were twelve (12) different package contractors which would all have to be negotiated with no guarantee of success. Mr. Hakert said the department had looked at a number of different alternatives. Mr. Hakert said there were a number of contractors whose bids were low, but were irregular due to bidder provisions and rejected. After review of o was to reject bids aoptions, nd reseemed bid asa general contracts thing orinordetd order to be within funds available. Mr. Keene asked confirmation the bids were approximately $400.000 in excess of funds available. He noteand d p in Ord. 86-53 funds appropriated cto West ontingencyer account Elementary $565,0000roforatcontract managemenset t as a fees bringing a total figure of roughly 51.8 million on a $10 million project. He felt these figures were out of line and wanted to know why these figures were so high. Mr. Hakert said when the C-M effort was chosen, nstruction fund the additional ecost ssthereby reducingpulled out of ththeoconstructionbudget ocontingency. Mr. Hakert further clarified that when he said bids were $400,000 over he meant the construction portion. From experience, he said there would be change orders (C/09) and the department didn't feel deletion 09 to fund the con(funds these contingency struction would be wise Mr. Keene felt o/ that if the consultants needed a 15% hedge on schools of which several have been built. then perhaps it was time to get new consultants. Mr. Hakert commented that is exactly what administration is trying to do by reducing the management costs to remove those dollars to bring the budgets back in line. Mr. Sewall asked Mayor Thompson if he would consider an executive proclamation to embody the substance of Res. 86-84, Alaska Day of Peace, as it had not been addressed. Mr. Nash requested the Assembly be provided the personal property tax report and pp if there were projected revenues from the land sale. andothe initial paymentson said ofersonal monies onothetlandport sale would approximately provided $16,000 for the ticket sales. Mrs. Glick again requested the Mayopr provide a litigation status reort to prohAssembly. but Atty. Boedekerhad rw wished to personally present it. son noted it would hvbeen Mr. Brown de' eal Company cost oflitigrequested ' litigation and wonderetrue-costd" McNeilof the if thiswouldbein tithe litigation report. Mayor Thompson indicated it would. 0. OTHER BUSINESS* *See Page 10 P. ASSEMBLY AND MAYOR'S COMMENTS Mr. Keene asked that he might be excused until the August 19th meeting. He noted Res. 86-92 (Subst.) and urged members to review the legislation. As he would not be present at the Aug. 5th meeting, he commented the Substitute, irregardless whether used for schools this year, next or whenever, would provide a good purchase for the Borough as there are no substantial city or Borough holdings. If the area continues to row, there would be demands for land. He also noted a memorandum for the school district regarding board action on the existing swimming pool at the Junior High, recoumending the Assembly continue with the planned renovation and elimination of the swimming pool. Mr. Keene felt this was a shame and he hoped when funds were appropriated for renovation of the pool to a cafeteria, he hoped the Assembly would disapprove such funds. He didn't feel -20- Lin lip L J d t KENA: PF:%?RSCILA Nr.h _ .0 _:'r •,,_y. taking a $3.5 million dollar project., tztr pool, adding a Sl ma.:110 thecbenefitso to cstudents of afeteria made theany swimsense, program observed also to teache senic citizens. ASSEMBLYMEMBER KEENE MOVED THAT A LETTER BE SENT TO THE DEPT. C NATURAL RESOURCES REQUESTING DELETION FROM SALE 049 OF ALL PARCEL ON THE KENAI PENINSULA PENINSULA AND WITHIN THREE (3) MILES OF T1 COASTLINE OF THE KENAI PENINSULA. Mr. Keene reminded members the Assembly had just allocated funds ft coastal management and until it wee in place, he didn't feel appropriate to advocate the development of oil in these critic, habitat areas or along the coastline. Mrs. McGahan and Mr. Nash expressed concern about voting on the iss realhconcerns becanot usetain ot the the impacts area not known. ene He He felt until there he is a study stipulating what would be in the best interests of t Borough. the letter should be sent. Mr. Brown noted geographic areas which are highly used and c revenues are down so the State should wait. Maor had held two ubl hearingThompson Leas advised Sale 049 members and had afterState the first hearing gremoi some lots after public input. He also noted the Planning Commiss: had had no objection and he felt the Assembly was probably too It to do anything about it. Mr. Dale noted while the State is willing to fight to the Suprl Court on a federal sale in Bristol Bay, it was interesting tl worked quietly for three years to accomplish this sale. He felt Assembly should have educated educated themselves earlier, but he in support of the letter. Mrs. Glick pointed out for the last several months she had proviucu letters for distribution to members in the Assembly packet. She noted all the backup material was not copied as it is expensive but she had noted on each letter printed that all backup material was in the Clerk's Office for review. She also noted a public hearing in February in Homer and the Assembl had voted to hold a hearing last attend d onyThe Mr. sumKetotal Mrs. alli of people anin Mr. attendance. including Assemblymembers, was 23 -- five of which were representatives from the Dept. of Natural Resources, Fish and Game and DEC, Assemblymembere and families, leaving 8 or 9 persons present to comment. She felt some concerns were answered and noted some parcels had ben included in past sales. She heardeat his meeting, sdbased he couldn't supportsucha 1 tte comments she'd Mr. Keene expressed agreement with Mrs. Glick, but felt this could affect the Borough and the livelihood of residents so much. He urged members to review materials when received so they'll knhe ow awpphat is happeing. In Staten sentiments as regard already r fouled yoistol ur backyard. but Bristol Bay hasn't been so we're going to be real careful there." Mr. Sewall expressed support for the Keene motion and urged members to also support the motion, noting if the motion were in error it would not be an error that would end up costing the Borough's environment. THE n N N TION WAS and S ROVED ONvoting VOTE OF 7 YES, 5 NOt Nash, Johnso Mr. Skogstad noted that it was his impression that interested members were encouraged to attend the Anchor Pint hearing. Mr. Skogstad inquired and was advised that there would be newspaper notification of the upcoming special election. attentionMr. Dale drew members ed as informational materialsregarding recomJohnson's letter me dationofthe Kenai iRiver L KENAI PEN t ... ,'l.A BORI �' .h , , _ 'W r. _ ,� i. MEE I. _:a:, juNE Board and urged members to read the letter. Mrs. McGahan expressed agreement with Mr. Keene regarding the Homer pool and noted hearings would close on June 30. She advised she was unaware that merit raises were being given on a fairly regular basis r to 50-60% of the employees. She expressed curiousity about what occasions required Borough employees to entertain guests and request reimbursement. Mrs. McGahan requested that proposed agreements or alterations in the inotlrPnce program be submitted in writing to Assembly members. Mr. Nash recalled there was an ordinance providing for distribution of a brochure on elections in regard to the special election. He also noted he didn't know he was expected at the Anchor Point hearing on Sale #49. Mr. Brown reiterated a previous stance it was his intent to keep the new Homer Elementary school lowest in cost to convince the voters. He stated Mrs. Walli had a conflict of interest in the land purchase since Walli land adjoins the chosen parcel. He favored retention of the Jr. High pool because of the water related activies in the area. Mrs. Walli took exception to Mr. Brown's statement she had a conflict of interest. This selection was made over her recommendations as a member of the site selection committee that favored a more westerly location or Diamond Ridge, and was it essentially decided before she was elected. Mr. Johnson reported from the Data Processing Steering Cmte. that the tax bills were completeds a disk unit had received damage in shipment and a replacement would arrive, updating technical apprisais. Mr. Sewall thanked members for concurrence with his motion to veto the Planningg Commission's decision on the Camelot by the Sea vacation. He commented assembly members are elected to serve the whole borough, not be in competition between areas. Mr. Moore commented a lot had been accomplished and he felt diligent committee work to be responsible. He hoped borough employees would not hold the assembly's action against administrations he had heard morale was suffering. Mayor Thompson reported various options are being researched regarding insurance and the risk manager will be putting together a proposal for assembly consideration. Pres. Glick stated with the cooperation of the Mayor, she believed Assembly meetings could be discontinued until July 22. Consideration of Res. 86-87, 86-88 and 86-92 would be appropriate at the August 5 meeting which could be held in Homer. Regarding the location of the Kasilof post office, she would write Postmaster Opinsky and ask a hearing be held in the area. ASSEMBLYMEMBER MOORE MOVED THE CLERK BE AUTHORIZED TO PROCEED WITH ORDERING THE MODIFICATION OF THE VOTING EQUIPMENT FOR APPROXIMATELY $1800 AND THE MOTION WAS DENIED: 4 YES TO 8 N0; Crawford, McGahan, Dale and Skogstad voting Yes. ASSEMBLYMEMBER MOORE MOVED THE AUGUST 5 MEETING BE HELD IN HOMER AND IT WAS APPROVED BY UNANIMOUS CONSENT. R. INFORMATIONAL MATERIALS AND REPORTS S. NOTICE OF NEXT MEETING AND ADJOURNMENT Meeting adjourned at 2:45 a.m. Next meeting is July 22. 1986. Date approved tuIX 22. 1986 A7EST : ' ��,� �, ✓' , e y c c, ssem y'FresiTent �,/oroug ►f—Clerk L L J; KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING JULY 22, 19861 7:00 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA -AGENDA Page No. A A. CALL To ORDER ii B. PLEDGE OF ALLEGIANCE C. INVOCATION, Rev. Ron Wells, Church of the Nazarene Soldotna, AK D. ROLL CALL E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES, May 20, 22, 28, June 3. 15 & 17 1 Appvd. G. COMMITTEE REPORTS I a) Finance (Crawford, Carey. Fandel, Johnson, Nash) -4 M Lands/Resources (Skogstad, Pandel, Johnson, Keene Mullen) i, Sewall, Skogstad) (c) Legislative (Dale, Crawford, Moore (d) Local Affairs (Moore Dale, Skogstad, Walli) (a) Public Works (Sewall: Brown, MeGahan, McLane, Mullen, Walli) Data Processing (Johnson) H. AGENDA APPROVAL AND CONSENT AGENDA i. (a) Rssia,86ig "A Resolution Urging the Alaska Con$res- gation to Initiate Action to Determine the Status of United States Servicemen and Service- women Missing in Action or Otherwise Unaccounted For" (Nash/Walli) I Adopted (b) Res. 86-99 "Amending the Allocation of Municipal g rant --__Tu_n_3 Provided in Res. 86-48 (Sbat), By Trans- ferring $173,000 from the Cohoe Loop Road and Con- tingency Account to Robinson Loop Road" (Mayor) 2 Adopted (c) Res. 86-100 "Approving the Award of a Contract to quality aIt Company for the Paving of Robinson Loop Road in the Amount of $816,697" (Mayor) 2 Adopted (d) Res. 86-103 "Granting Homer Electric Association an -- -Easement Across Borough Lands" (Mayor) 2 Adopted El ectriaT (e) Res. 86-105 "Authorizing the Receipt of Various Grant$ Se Tfate Alaska Totaling 0389.000 Made by Trom of Chapter 128. Session Laws of Alaska 198611 (Mayor) 2 Adopted M Res. 86-106 "Authorizing the Receipt of Various Grants Alaska Totaling $784,200 Made by Tr—o—m—Efi—Mate of Chapter 130, Session Laws of Alaska 1986" (Mayor) 2 Adopted (g) Ord. 86-56 "Amending KPB 5.04.060 to Correct Appropria- T Tons Frocedu a and Amending KPR 5.04.080 to Permit Public Hearings for Emergency Agpropriations and Amending 5.04.100 By Adding a Now Su section (C) to Dedicate f7 KPB Certain Budget Line Items" (Nash) 2 SET FOR HEAR 8/19 (h) Ord. 86-57 "Authorizing the Receipt of Various Grants Mr Alaska Totaling $389 000 Made by the 3 ate of Chapter 128. Session Laws of Alaska 1966, and Appro- priating the Funds to Project Accounts" 2 SET FOR HEAR 8/19 L. -I �~ 1 ftt !; -} Paige No. F' (i) Ord. 86-58 "Authorizing the Receipt of Various Grants ;S Nom— e"State of Alaska Totaling $784 200 Made by Chapter 130, Session Laws of Alaska 1966, and Appro- priating the Funds to Project Accounts11 (Mayor) 2 SET FOR t HEAR 8/19 _la-7i (j) Ord. 86-59 "Accepting Grants from the State of Alaska and the U. S. Department of Commerce to Formulate the Chuitna Area Resource Development Plan" (Mayor) 2 SET FOR HEAR 8/19 (k) Ord, 86-65 "Appropriating 578,000 for Nikieki Fire to on mprovements (Mayor) 2 SET FOR HEAR 8/19 ,? I. ORDINANCE HEARINGS T (a) Ord. 85-79(Sbst "Enacting a New Chapter 14.06 to the o-g'rough Code Setting Minimal Standards for Roads to be Accepted Into the KPB Road Maintenance System" (Glick) 3 ENACTED - - - --- (b) Ord. 86-24 "Amending KPB Ordinance 17.04.100 and 1'J iiff'Regarding Public Lands Classification and Selection for the Purpose of Clarification" ` (Mayor) 4 ENACTED ''. (c) Ord. 86-48(Sbet) "Authorizing the Receipt of a Grant of $640,000 Made by From t e ate Alaska Totaling Chapter 128 Session Laws of Alaska 1986 and Appro- ,:l.. _ priating the Funds to Robinson Loop Road" (Mayor) 4 ENACTED a (d) Ord. 86-49 "Amending the Kenai Peninsula Borough Mod-e-o-rNdinances Respecting Liquor License ' Protests" (Mayor) 5 REF. TO .�. FIN. CMTE. - (a) Ord. 86-52 "Authorizing Indebtedness by the Issuance of-Te-n—er-a-T Obliggation Bonds in an Amount Not to Acquiring, Exceed $10,228,976 for the Purposes of .� Designing, Managing, Inspecting, Improving, Con structing and Equipping the Seward Elementary School Borouggh and Pledging Full Faith and Credit of the with Payment of the Indebtedness to be Derived £rom Taxes Levied Within the Borough, and Subject to Approval by the Voters of the Regular Election on October 1, 1986" (Mayor) 6 PSTPND. TO 8/19 'k J. INTRODUCTION OF ORDINANCES ' (a) Ord. 86-54 "An Ordinance of the Kenai Peninsula for Operation - Borough setting Forth Guidelines the of 0£f-Road Motor Vehicles" (Glick) 6 WITHDRAWN (b) Ord. 86-55 "Amending KPB 2.08.084 to Clarify As- '.. E .„ eenTyIrgenda Preparation Deadlines" (Nash) 7 SET HRNG. (c) Ord. 86-61 "Authorizing a Lease of Borough Lands Subdivi- esccrrlbe"d-as Tract 2, Nikieki High School sion to the East Forelands Historical Society, a _..f_ ___ _.....,_:_____ Nonprofit Organization, for the Purpose of Estab- 7 SET HRNG. lishing a Public Museum" (Mayor) (d) Ord. 86-62 "Amending the Kenai Peninsula Borough ! oC"'e�dinances to Provide for a Loner Time Period to Issue Tax Exemption Decisions (Mayor) 8 SET HRNG. (a) Ord. 86-63 "Removing the Requirement to Publish Cur- rennny iegistered Sales Tax Accounts" (Mayor) 6 DEFEATED (f) Ord. 86-64 "Amending the Borough Code of Ordinances ( o e ne egislative Business (McGahan) 9 POSTPONE TO 8/19 i 1 1 L - 0 N 0 Page No. K. CONSIDERATION OF RESOLUTIONS } (a) Res. 86-89 "Approving the Schematic Documents for the Elementary School Addition and Remodel 1 j New Tuatumena Prepared by Architect by Architect Carmen Gintoli" t (Mayor) 9 ADPTD. (b) Res. 86-90 "Approving the Schematic Documents for the ew antral Peninsula Elementary School Prepared by j Architect Harold Wirum" (Mayor) 9 ADPTD. f (c) Res, 86-94 "Disclosure of Social Security Numbers in Regard to and Sales" (Glick) 10 DEFTD. (d) Rea. 86-97 "Authorizing the Mayor of the KP8 to Award t e onetruction Contract for Construction of Kenai t Elementary School, 1985 School Bond Project" (Mayor) 10 DEM - (e) Res. 86-98 "Authorizing the Mayor of the KPB to Award t e ons ruction Contract for Construction of Nikiski Elementary School, 1985 School Bond Project" (Mayor) 10 ADPTD. ; (f) Res. 86-101 "Approving Various Changes to Budgeted (Mayor) 11 PEND. os t one and Job Descriptions" (g) Res. 86-102 "Establishing Requirements for Contractors to"Be'in compliance with Borough Tax Provisions" 13 No Act f (h) Res. 86-104 "Placing on the Ballot for the Regular o8 —rougt ection, Ratification of the Borough Ordinance Limiting the Term of the Mayor to Two Consecutive Terms" (Moore) 13 No Act (i) Res. 86-107 "Placing on the Ballot for the Regguular Approval a 102 Decrease in i oroug ection, of Borough Employees' Salaries" (McGahan) 13 W/DRWN (j) Res. 86-108 'Requesting the Kenai Peninsula Borough S s r c oard to Take Certain Actions"(McGahan/Walli)13 No Act L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as notedt not for action this meeting.) (a) Ord. 86-53 HEAR 8/5 (b) Res. 86-87 HEAR 8/5 (c) f Res. 86-88 HEAR 8/5 i (d) Res. 86-92 HEAR 8/5 (a) Ord. 86-6 (TABLED) (f) Ord. 86-44 REF. TO FINANCE CMT. (g) Ord. 86-47 & SBST. HEAR 9/2 (h) Ord. 86-50 HEAR 9/2 (i) Res. 85-161 POSTPONED (j) Res. 86-27 POSTPONED (k) Res. 86-28 POSTPONED M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (a) Sen. Paul Fischer, Funny River Bridge 6 i i - I t L N. MAYOR'S REPORT 0. OTHER BUSINESS 41 (a) Election Approval of Election Judge List for the Special ction of July 29, 1986 P. ASSEMBLY AND MAYOR'S COMMENTS PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY I S AGENDA R. INFORMATIONAL MATERIALS AM REPORTS rf S. NOTICE OF NUT MEETING AND ADJOURNMENT (Aug. 5, 1986) 2 APPVD. �! ! KENAI PENINSULA BOROUGH ' REGULAR ASSEMBLY MEETING MINUTES JULY 22, 19861 7s00 P.M. i BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA 4 ' A. CALL TO ORDER i i The regular meeting of the Assembly was called to order at 7 p.m. by 1 . t Pros. Betty J. Glick. l i E =-? B. PLEDGE OF ALLEGIANCE � p C. INVOCATION :i. The invocation was given by Rev. Ron Wells, pastor of the Church of the Nazarene, Soldotna. _ D. ROLL CALL ( k PRESENT, Assemblymembers Brown, Carey, Dale*, Fandel, Glick, ! i Johnson, McGahan, McLane, Moore, Mullen, Nash, Sewall, i Skogetad, Wallis Mayor Thompson, Atty. Boedeker, Aest. Finance Director Rose, Public Works Director Hakert, _ _s Engineer Conyers, Assessor Thomas, Planning Director Fenner, Clerk Brindley } 1 I EXCUSED:embers Crawford and Keene (•). i Aieds 7pi ! } E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS 1 f j F. APPROVAL OF MINUTES k ! The minutes of May 20, 22, 28, June 3, 15 and 17, 1986 were approved 4 with minor corrections to those of May 20 and May 28. .< GCOMMITTEE REPORTS G. Reports were given on matters discussed other than agenda items. 1 i' (a) Finance (Crawford, Carey, Fandel Johnson, Nash) j (b) Lands/Resources (Skogetad, Fandel. Johnson, Keene . Mullen) Mr. 3kogstad reported receipt of the Forest Management Plans those the forests should attend a meeting interested in the management of }' to be held July 29 in the Borough Building. ' .._. . (c) Legislative (Dale, Crawford, Moore, Sewall, Skogstad) 1 (d) Local Affairs (Moore, Dale, Skoggetad, Wall) 'j (a) Public Works (Sewall, Brown, McOahan, McLane, j Mullen, Walli) r Mr. Sewall reported discussion of alternatives to the West Homer j ! elementary school site and further research and discussion will be _ necessary. Also addressed was the value of sprinkler systems in i 44 schools. 3' (f) Data Processing (Johnson) — -- — - -- - H. AGENDA APPROVAL AND CONSENT AGENDA q The consent agenda as amended is presented as adopteds fj ` (a) Res. 86-95 "A Resolution Urging the Alaska Congres- nal Initiate Action to Determine the e of Del gation to Statue of United States Servicemen and Servicewomen it Missing in Action or Otherwise Unaccounted For" (Nash/Walli) N i } LWJ i f' E KENAI PENINSULA BOROUGH ASSEMBLY REGULAR_ MEETING OF JULY 22, 1986 (b) Res. 86-9ddstAllocation of Municipal ant vdainRe.868(Sbs)By Transferring $173,000 from the Cohoe Loop Road and Contingency Account to Robinson Loop Road" (Mayor) (c) Res. 86-100 "Approving the Award of a Contract to Wa-vity A ep alt Company for the Paving of Robinson Loop Road in the Amount of $816,697" (Mayor) WITH AN AMENDMENTt NEW SECTION 3 TO READr "This resolution shall not take effect until the execution of the grant agreement with the state of Alaska." (Sewall) (d) ReiO3engRomer is(Association eo reaasmentAcross BoroughLand" (Mayor) (a) Res. 66-105 "Authorising the Receipt of Various Grants rom the State of Alaska Totaling 3389,000 Made by Chapter 128, Session Laws of Alaska 1986" (Mayor) (f) Res. 86- 006 "Authorizing the Receipt of Various Grants ram t e taco of Alaska Totaling $784,200 Made by Chapter 130, Session Laws of Alaska 1986" (Mayor) (g) Ord. 86-57 "Authorizin the Receipt of Various Grants ram t e tate of Alaska Totaling $389 000 Made by Charo priatingter lthe Fundsoto ProjectAlaska Accountsg68ET FORpltEARING (h) Ord. 86-58 "Authorizing the Receipt of Various Grants ri owe estate of Alaska Totaling $784 200 Made by Chapter 130. Session Laws of Alaska 1946. and Appro- psiating the Funds to Project Accounts" (Mayor) SET FOR HEARING (i) Ord. 86-59 "Accepting Grants from the State of Alaska alin the TY. S. Department of Commerce to Formulate the Chuitna Area Resource Development Plan" (Mayor) SET FOR HEARING (i) Ord. at on-65 rovemments" (Mayor) SET FOR H$78,000 for EARING kiski Fire (k) Approval of Election Judge List for the Special Election of July 29, 1986 Prior to the removal of Res. 86-101 from the Consent Agenda, persons who wished to speak on those items were provided time. Rick Hoax, Soldotna, stated he is a lead finish carpenter for Borough n enance Dept., the position being eliminated in Res. 86-101. He reported he has had high performance evaluations which brought a merit increase and has letters of appreciation from various school principals in his file. He stated all the leadmen in Maintenance earn more than he does and many times have fearer people to supervise. correct game inequities lt the deletion f the withinotheidepartmwas ent�as Prted es of this e KBEA,orts to Joan B. Schrader. Kenai, reported she came specifically to speak to es. - , an attempt to put a ballot proposition before the voters offering a 10% decrease in Borough employee's salaries. She stated the Borough should be acting in good faith at this stage, with negotiations to resume in August. She urged cooperation with the employees as they could make or break the Borough. She objected to late withdrawal of items from the agenda. items deleted from the agenda were Ord. 86-54 and Res. 86-107 (misnumbered bReea 86 95 and Ord. 84 6o£ the agenda) and added were Res. -2- L A E KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JULY 22, 1986 Mayor Thompson stated he wished to speak to Res. 86-97 and 86-98 but no action was requested. Mr. Carey requested the presentation by Sen. Paul Fischer on the Funny River Bridge be brought forward to an earlier schedule. I. ORDINANCE HEARINGS (a) Ord. 85-19 "Enacting a New Chapter 14.06 to the Borough o e ett ng Minimal Standards for Roads to be Accepted Into the KPB Road Maintenance System" (Glick) & SBST. The ordinance was read by title and there was no public comment. Pres. Glick passed the gavel to Vice Pres. McGahan. ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT OF ORD. 85-79(SBST). Mrs. Glick reviewed the history of the ordinance as to its hearings including review by the road service area boards, and revisions. Since design criteria are already included in the subdivision ordinance, it was decided these should be deleted in favor of some simple standards which would bring roads into compliance for matching funds but would not be overly cumbersome. Mrs. McGahan returned the gavel and spoke in appreciation to the simplification of the standards. ASSEMBLYMEMBER McCAHAN MOVED TO AMEND PAGE 3 OF "ROAD CONSTRUCTION STANDARDS" BY DELETING THE LAST SENTENCE OF THE FIRST PARAGRAPH WHICH READS "All culverts, coupling bands and special sections shall be corrugated steel pipe, with a minimum of 16 gauge." Mrs. McGahan noted comments in the Planning Cmsn. minutes which state corrugated steel is not necessary for quality culverts. Several members objected to the deletion without substituting some standard for culverts. ASSEMBLYMEMBER BROWN MOVED TO ADD TO THE PARAGRAPH, "Except and unless a variance is granted by the road service area board." Mrs. Walli referred to Memo 86-136 which states guidelines will be developed to determine how the standards will affect the road maintenance service areas. VOTE ON THE BROWN AMENDMENT WAS CALLED WHICH FAILED BY A VOTE OF 7 YES TO 7 NOi Brown, Walli, Johnson, Mullen, Carey, Glick and McGahan voting Yes. THE McGAHAN AMENDMENT FAILED BY A VOTE OF 5 YES TO 9 NOs Brown. Johnson, Carey, McGahan and Dale voting Yes. MR. JOHNSON NOTED AN ERROR ON PAGE 2, PARAGRAPH 1 WHERE "MAXIMUM" NEEDED TO BE CHANGED TO "MINIMUM". Mr. Johnson questioned the intent of the last sentence of 14.06.030 in the ordinance. Mr. Nash clarified the sentence as follows: ASSEMBLYMEMBER NASH MOVED TO ADD THE WORD "ordinance" BETWEEN "subdivision" AND "standards" AND IT WAS APPROVED BY UNANIMOUS CONSENT. ASSEMBLYMEMBER BROWN MOVED TO AMEND PAGE 1 OF ROAD CONSTRUCTION STANDARDS BY REDUCING THE CATEGORIES TO 21 $1 a cul-de-sac road or other minor road, both of which serve less than 15 lots, AND !2 a road which serves more than 15 lots. alled discussion in road board meetings which simum of 20 ft. widths in order to accommodate future -3- L J r ik ,INIr 1 ;t ! ! Al z �1 I {: 1.. Y. :� tf P{ j� ". is .a J KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JULY 22, 1986 MR. BROWN AMENDED HIS MOTION TO STATE CATEGORY fl WOULD SERVE 15 TO 60 LOTS, 20 FT. IN WIDTH AND CATEGORY 02 WOULD SERVE MORE THAN 60 LOTS A HAVE A MINIMUM WIDTH REQUIREMENT OF 28 FT. There was further discussion of problems connected with the category requirements and Mr. Fenner stated administrative guidelines would have to be developed to implement the construction standards. There would need to be a functional design inventory to determine which roads will fit in each category. Mr. McLane spoke for adoption of the standards as written until such time as a need for change is demonstrated in use. He noted the intro- duction states "the engineer or contractor is encouraged to build the roads to highest standard possible within the economical constraints of the project" A private citizen should not be required to build hie roads to benefit some larger, future development. ASSEMBLYMEMBER McGAHAN MOVED THE PREVIOUS QUESTION AND IT PASSED BY A VOTE OF 10 YES TO 4 NOS Nash, Broom, Walli and Skogetad voting No. THE BROWN AMENDMENT FAILED BY A VOTE OF 2 YES TO 12 NOS Walli and Brown voting Yee. Mr. Moore asked the status of existing roads in regard to the standards and Mr. Fenner stated these standards are for roads which currently aren't on the road maintenance system which desire to be part of that program. The design standards in the subdivision regulations are in place and still apply in the platting procedure. but roads will have to meet these standards in order to receive maintenance. ORD. 85-79(SBST) WAS ENACTED BY UNANIMOUS VOTE. (b) Ord. 86-24 "Amending KPB Ordinance 17.04.100 and IT.'OT► M-Regarding Public Lands Classification and Selection for the Purpose of Clarification" (Mayor) Mr. Skogetad reported the Lands Cmte. had prepared a substitute which would answer questions which arose during earlier discussion and insert it in a different section, ae it deals with classification rather than selection of land. There was no public comment. ASSEMBLYMEMBER SKOGSTAD MOVED THE ENACTMENT OF ORD- 86-24 AND AMENDMENT TO 86-24(COMMITTEE SUBSTITUTE). He stated the purpose is to provide some guidelines in obtaining lands for a specific use through reclassification. He reported the Planning Dept. is in the process of redrafting a major portion of the chapter with input from the Lands Cmte., correcting inequities, etc. THE AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT AND ORD. 86-24(SBST.) WAS ENACTED BY UNANIMOUS CONSENT. (c) Ord. 86-48(Sbstl "Authorizing the Receipt of a Grant ram the State of Alaska Totaling $640,000 Made by Chapter 128 Session Laws of Alaska 1966 and Appropria- ting the Funds to Robinson Loop Road" (Mayor) There was no public comment. ASSEMBLYMEMBER MOORE MOVED THE ENACTMENT OF ORD. 86-48(SBST). Mayor Thompson reported in response to a question. it is not known whether the funds will be received with today s announcement by the Governor. -4- L E J a i 33 I �s 1 f t; • KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JULY 22 1986 i Mr. Sewall noted adopting the resolutions will expedite the process if moneys are approved. He stated this does not need the caveat attached to Res. 86-100 because it actually receives funds, while the other was to sign a contract, race BL off $640 000 fromtheO AMENte SECTT .N 2 BY ADDING "pending He viewed the ordinance as an authorization to accept a grant and othen an ther accounts if not received u der thithe s authorizatiold be transferred from Mr. Kinney explained these are reimbursable grants whereby the State reimburses the Borough for expenditures trade. if the Assembly enacts this ordinance it will be sentfby DHL in the morning, hoping the State will sign the agreement. Until that time there is nothing to appropriate, There will be no reimbursement until the money to spent. There is a signed contract between the State and Borough, authorized by the Assembly, signed by the Mayor, guaranteeing they will reimburse the Borough for expenses that are appropriate within the guidelines of the project up to the amount of the agreement. The Borough is required to submit a monthly billing o the Stateof outlining what the money has been spent for, submitting copies approved contracts for construction, design, etc. When signed it is a binding contract. THE AMENDMENT FAILED BY A VOTE OF 2 YES TO 12 NO t Brown and Carey voting Yes. In response to Mr. Brown's concerns the Borough might build the road whether the funds are received or not, Mr. Carey asked Mr. Boedeker to state the Borough's road powers. Mr. Boedeker stated the Borough has limited powerst it may construct roads under local administration of a State contract such as this, prore grams butited those projectlimitedthe cal to 50% mServicate Roads and Trails ching funds. It does not have the authority to build this project without a grant. Mr. Sewall noted the new section added to Res. 86-100 stated it would not take effect until execution of the grant agreement with the State. not until funds are received. ORD. 86-48(SBST) WAS ENACTED BY A VOTE OF 13 YES TO 1 NOt Brown voting No. Borough ode (d) Ord. r86nance"Amending Respecting Liquor pLicense aProtestC Protests" (mayor) Mr. Carey reported the Finance Committee's recommendation was that Ord. 86-49 referred to committee for rewrite as questions arose as to transfer of liquor licenses and liability. There was no public comment. STO THEEFINANCE COMMITTEE THE ENACTMENT OF ORD- 86-49 AND TO REFER IT transf transferor" inlained response theordinance dam change in oregulatiodd ns wtodmake "and/or the applicant the purchaser rather than the holder of the license. The amendment would insure the Borough has a basis to protest when that yid his taxes. JAS APPROVED BY UNANIMOUS CONSENT. -5- F L KENAI PENINSULA BOROUGH ASSF14BLY REGULAR MEETING OF JULY 22, 1986 (e) Oenera6-521igation Bondsing iin aneAmountss bNotht IasuancO Exceed Of $10.228,976 for the Purposes of Acquiring, Designing, Managing, Inspecting, Improving. Constructing and Equipping the Seward Elementary School and Pledging Full Faith and Credit of. the Borough with Payment of the Indebtedness to be Derived from Taxes Levied Within the Borough, and Subject to Approval by the Voters of the Regular Election on October 1, 1986" (Mayor) There was no public comment. ASSEMBLYMEMBER CARRY MOVED THE ENACTMENT OF ORD. 66-52 AND TO POSTPONE UNTIL AUGUST 19 (request of Mayor). ESO AMEND80 PROPOSITION ASTERISK AMR "Estimatedt t share ()ANDANOTHER BELOW, STATE "as required by AS 14.11.100". He stated this would put the burden of proof where it liest the Borough does not arbitrarily pick the percentage, the State Statutes reimburall sement is subject to app oproved iationond projects L Legislature. amountof Several members agreed with Mr. Johnson's intent to clarify for the voters but did not agree the amendment would accomplish it. Mr. Moore raised a point of order believing a motion to amend improper following a motion to postpone. Pres. Glick stated she would allow the amendment to go forward. AFTER FURTHER DISCUSSION MR. JOHNSON WITHDREW HIS AMENDMENT. ORD. 86-52 WAS POSTPONED BY A VOTE OF 11 YES TO 3 NO1 Brown. Dale and Skogstad voting No. **ADDED ITEM** Mayor Thompson presented the annual Maintenance Dept. outstanding Employee Award service to toIsabelle he 1Boroughi1 Mr recognition McClouread a complime taears of ry letter. M(a) Senator Paul Fischer Sen. Fischer commented on the recognized need for a bridge across the Kenai River to Funny River Road. He reported he had known there would not be sufficient money ($6 million) in the budget to make a direct grant. He then tried to get it classified as a federal project which are 90% federal. 10% local funds. The DOT was ready to attempt this b placing Scout Lake Loop the bridge and Funny River Road on the federal system and eligible for federal dollars. $2 million of federal authorization was put in the state budget. but it was cut by the Governor's veto. It was reported that the reason for the cut was that it was not on the Borough's priority list. He noted there were other funds that came through without municipal backing The veto did not save funds since it was only authorization but it would have put the Peninsula in competition with Anchorage for federal dollars. He recommended placing the project on the next priority list. Pres. Glick called a 10 minute recess. J. INTRODUCTION OF ORDINANCES (a) Ord. 86-54 "An Ordinance of the Kenai Peninsula Borough le—EVOWTUrth Guidelines for the Operation of Off -Road Motor vehicles" (Glick) WITHDRAWN -6- L E r n C. r) KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JULY 22 1986 (b) Ord. 86-55 "Amending KPB 2.08.084 to Clarify Assembly gen a Preparation Deadlines" (Nash) ASSEMBLYMEMBER NASH MOVED TO SET ORD. 86-55 FOR HEARING AUGUST 19. Mr. Nash stated the ordinance follows a procedure presently being followed except that currently, the sequence of agenda items can be changed in staff meeting. In addition, a list of ordinance and resolution titles would be prepared for copy to any assembly member and media representative requesting it the morning following the deadline for receipt of items in the Borough Clerk s office. Mrs. McGahan noted a change of wording from "inform" the Clerk to "provide a copy of" by the deadline. She stated she requests the attorney to write her legislation but with his other responsibilities her requested items may not get written until Monday or Tuesday. ASSEMBLYMEMBER McGAHAN MOVED TO DELETE THE NEW WORDING "provide a copy of such matter to" FROM SECTION B. MOTION FAILED BY A VOTE OF 7 YES TO 7 N0i Johnson, Sewall, McGahan, Dale, Skogstad, Fandel and McLane voting Yes. Mr. Carey spoke against the volume of items being placed on the desk the night of the meeting. He stated it was unfair to the members and the public not to have everything on the agenda in the packet and everything to be considered on the agenda. Mr. Dale suggested Pros. Glick might be involved in the sequencing of items on the agenda. THE ORDINANCE WAS SET FOR HEARING BY A VOTE OF 12 YES TO 2 NO McGahan and McLane voting No. (c) Ord. 86-56 "Amending KPB 5.04.060 to Correct Appropria- t ons rocedure and Amending KPB 5.04.080 to Permit Public Hearings for Emergency Appropriations and Amending KPB 5.04.100 By Adding a New Subsection (C) to Dedicate Certain Budget Line Items" (Nash) SET FOR HEARING ASSEMBLYMEMBER NASH MOVED TO SET ORD. 86-56 FOR HEARING ON AUGUST 19. Mr. Nash stated Section 1 and 2 would bring the Code in compliance with Statute and present procedure. Section 3 would prevent administration from transferring funds from one budget line item to another. ASSEMBLYMEMBER NASH MOVED TO AMEND TO DELETE ALL REFERENCE TO ACCOUNTS NUMBERS IN SECTION 3. APPROVED BY UNANIMOUS CONSENT. Mayor Thompson requested the deletion of Section 3 stating budgets are best guesses". but especially when money is tight, removing the ability to transfer money would be a definite inconvenience. ASSEMBLYMEMBER MOORE MOVED TO DELETE SECTION 3 AND IT FAILED, 8 YES TO 6 NO; Nash, Brown, Walli, Carey, Dale and Fandel voting No. ORD. 86-56 WAS DEFEATED BY A VOTE OF 6 YES TO 8 NOt Nash, Brown, Walli, Carey, Dale and Vandal voting Yes. (d) Ord. 86-61 "Authorizing a Lease of Borough Lands escr a as Tract 2, Nikiski High School Subdivision to the East Forelands Historical Society, a Nonprofit Organization, for the Purpose of Establishing a Public Museum" (Mayor) ASSEMBLYMEMBER JOHNSON MOVED TO SET ORD. 86-61 FOR HEARING AUGUST 19. Mr. Johnson reported this organization would like to locate near the new high school for mutual benefit. - 7 - L L 1 i. t7 ,Y �i �i 5 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JULY 22, 1986 Mr. Skogstad reported the Lands Committee supported the proposal since the School Site Selection Cote. had no objection to the lease. Mrs. McGahan and Mr. Moore questioned the need for 8.41 acres, requesting additional information by date of hearing, as well as a map of the area. Mr. Carey requested to know, at hearing, if the Site Selection Cmte. took a vote for approval of the lease. Mr. Johnson reported the Society's original request was not for�8 acres or for this parcel, it might have been at the Borough's convenience. ORD. 86-61 WAS SET FOR HEARING BY UNANIMOUS CONSENT, (e) Ord. 86-62 "Amending the Kenai Peninsula Borough Code of UrG3.nances to Provide for a Longer Time Period to Issue Tax Exemption Decisions" (Mayor) ASSEMBLYMEMBER CAREY MOVED TO SET ORD. 86-62 FOR BEARING AUGUST 19 AS RECOMMENDED BY THE FINANCE CMTE, In response to questions, Mr. Thomas reported this is not a Board of Equalization ordinance, it amends a section written previously to provide a step for appeal prior to going to court for a decision as to whether an item was taxable or not. All the native corporations have appealed and since it was impossible to accomplish within 7 days the amendment was requested to 30 days. ORD. 86-62 WAS SET FOR HEARING BY UNANIMOUS VOTE- (f) Ord. 86-63 "Removing the Requirement to Publish urreenfiy Yegistered Sales Tax Accounts" (Mayor) ASSEMBLYMEMBER CAREY MOVED TO SET ORD. 86-63 FOR HEARING AUGUST 19. Mr. Carey reported the Finance Comte. recommended defeat of the ordinance so that the publication of the sales tax accounts can continue. Mr. Nash stated presently this annual publication is the only opportunity people in various communities have to find out who the registered businesses are. The Sales Tax Cute. found there were people in each community who expressed concern about the equality of the program and interest in reporting those who were not registered. Mr. Moore appreciated the work of the Sales Tax Cmte. but felt it was unlikely people would be interested in reading a lengthy list to see who was registered. He asked Mr. Semmens to report on the success of the program. t•• L. ,.._._. ..... i Mr. Larry Semmene reported initially the publications were effective The more that are published, in generating helpful information. however, the less effective they are. -- - -- --- Mayor Thompson spoke for the economy, believing every unnecessary expenditure should be avoided. He stated the quarterly publication of the delinquent account list would continue. Cost noted in the ordinance covers only publication, not compilation time. Mr. Brown asked if cost of publication could be charged to the delinquent sales tax accounts. Mr. Boedeker stated it has no relation to the delinquent accounts and therefore could not be charged against them. Mr. Brown asked administration to come back with an explanation of what could be charged back to the delinquent accounts --perhaps the total enforcement procedure. -- ORD. 86-63 WAS DEFEATED BY A VOTE OF 7 YES TO 7 NOt Johnson, Mullen, j' Moore, McGahan, Dale, Skogstad and McLane voting Yes. - 8 - I r�) W i n K£NAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF_JULY 22, 1986 (g) Ord. 66-64 "Amending the Borough Code of Ordinances ef to ino �t.agielative Business (MeGahan) Mr. Moore reported Local Affairs Cmte. recommended the ordinance be set for hearing believing a definition is necessary. ASSEMBLYMEMBER McGAHAN MOVED TO SET ORD. 86-64 FOR HEARING AUGUST 19. She reported her intent was to clarify what actions could be taken after the midnight deadline. She recalled when the deadline was enacted, only the voting on resolutions and ordinances was restricted. It was not intended to eliminate motions on the writing of letters, appointments, and liquor licenses. Following discussion against making the ordinance too restrictive, ASSEMBLYMEMBER MCGAHAN MOVED TO AMEND "B" TO READ, "Legislative action or legislative business is defined as the vote taken to enact or amend an ordinance or resolution." Mr. Nash believed the amendment was in conflict with the first sentence of Paragraph A. ASSEMBLYMEMBER NASH MOVED TO REFER ORD. 86-64 TO.POLICIES AND PROCE- DURES COMMITTEE UNTIL AUGUST 19 MOTION WAS DEFEATED BY A VOTE OF 8 YES TO 6 NOI Brown, Walli, Carey, McGahan, Dale and McLane voting No. ASSEMBLYMEMBER BROWN MOVED TO OFFER A FRIENDLY AMENDMENT WHICH WOULD STATE " .. the vote taken to enact or amend the body 9 of an ordinance or resolution..." MRS. MCGAHAN SUGGESTED MR. BROWN MAKE HIS AMENDMENT SEPARATELY FROM HERS. ASSEMBLYMEMBER MOORE MOVED TO POSTPONE THE VOTE ON THE AMENDMENT UNTIL AUGUST 19. Mr. Moore urged the amendment be allowed to go to committee with the ordinance in order to enact thorough rather than hasty legislation. MOTION TO POSTPONE WAS APPROVED BY A VOTE OF 9 YES TO S N0t Walli, Mullen, McGahan, Dale and McLane voting No. ORD. 86-64 WAS SET FOR HEARING BY UNANIMOUS CONSENT. K. CONSIDERATION OF RESOLUTIONS (a) Res. 86-89 "Approving the Schematic Documents for the ew us umena Elementary School Addition and Remodel Prepared by Architect by Architect Carmen Gintoli" (Mayor) ASSEMBLYMEMBER SEWALL MOVED THE ADOPTION OF RES. 86-89 AS RECOMMENDED BY PUBLIC WORKS CMTE. Mayor clarified the resolution does not spend any money, it only approves schematics for the school. RES. 86-89 WAS ADOPTED BY A VOTE OF 13 YES TO 1 NOt Glick voting No. (b) Res. 86-90 "Approving the Schematic Documents for the ew en ral Peninsula Elementary School Prepared by Architect Harold Wirum" (Mayor) ASSEMBLYMEMBER SEWALL MOVED THE ADOPTION OF RES. 86-90 AS RECOMMENDED BY THE PUBLIC WORKS CMTE. Mrs. McGahan reported it was stated in committee that neither of the two schools are scheduled to be built until 19861 the schematics are to be approved and then held. L -9- L .. tom..: --- 0%.______-f-- - . - - - --- &--. - - — . L k fj (} E • i RENAL PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF_JULY 22, 1986 Mr. Nash asked what a schematic document is, how it relates to k prototype schools and how much it costa for the prototype school. 1 Mr. Hakert stated the schematic document includes floor plan, site plan and basic concept. The prototype schematic is basically a site adaptation plan will work on a pparticular study to identify how the site and review of cost. The lowest approximate coat was 830,000. tc Mr. Brown noted the memo states the need for an access road to be !_... j built to the chosen site and asked if that would proceed. Mr. Hakert forward replied it was only a suggestion and they would not go without instructions from the school district, mayor or assembly. Mr. McLane commented the School Site Selection Cmte. seems to have selected h over f tdifference stated elevation. r -� eschooland should be s major f thishactor o increases ecost `j along with soils and access. } VOTE WAS CALLED AND ORDINANCE ADOPTED BY A VOTE OF 11 YES TO 3 NOt Glick, McGahan and McLane voting No. i (c) Rea. 66-94 "Resolution Regarding the Voluntary Use of social Security Numbers" (Glick) { Jack Poleter noted a difference in the title on the agenda and the actua reao utionj he had intended it to apply to all documents, not just land sales. ASSEMBLYMEMBER McGAHAN MOVED THE ADOPTION OF RES. 86-94. Mr. Nash noted inconsistencies between the "Whereas" clauses and Section 2 which refers to parcel identification. ( - � ASSEMBLYMEMBER NASH MOVED TO AMEND SECTION 2 TO READ "The Mayor may assign another form of identification when necessary. Mr. Johnson stated it is clearly unlawful by federal law to require felt to have every document social security numbers and he a request in the Borough that relates to social security number have a disclaimer on it would be sufficient. Mr. Skogetad commented many resolutions are adopted and forgotten, if the Assembly is serious about this issue, it should enact a codified ordinance. '...... _ THE AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT. a ASSEMBYMEMBER BROWN MOVED TO POSTPONE UNTIL AUGUST 19, REFERRING TO a POLICIES 6 PROCEDURES CMTE. FOR RESTRUCTURING AND CODIFICATION. Mr. Moore believed the resolution was merely an acknowledgement the 3 Borough intends to obey federal law and as such was unnecessary. " - Mr. Nash commented codified ordinances are more available to the 1 entire borough, but to have it in resolution form would provide handy reference for administrators. POSTPONEMENT FAILED BY A VOTE OF 2 YES, 12 NOt Brown and Walli voting i Yee. — --- --- ASSEMBLYMEMSER CAREY MOVED THE PREVIOUS QUESTION AND IT CARRIED BY A VOTE OF 12 YES TO 2 NOt Brown and Walli voting No. "-4.— — - ---�.— RES. 86-94 WAS DEFEATED BY A VOTE OF 8 YES TO 6 NOt Johnson, Mullen. t.: Moore, Carey, Dale and Skogetad voting No. ' (d) Res. 86-97 "Authorizing the Mayor of the KPB to Award -•" a ons ruction Contract for Construction of Kenai Elementary School, 1985 School Bond Project" (Mayor) t' Mr. Sewall reported the Public Works Cmte. recommended passage. - 10 - L L r J 7 li 1 ,r (s L KENAI PENINSULA_ BOROUGH ASSEMBLY REGULAR MEETING OF JULY 22, 1986 Mayor Thompson commented the Assembly had given him authority to i award the construction contracts through an earlier resolution provided the bide came in under $5,760,000. The bids came in at 55,113.000 but given the financial constraints of recent days, he had intended not to build this school. After consideration of the attorney and financial consultants, it appears the Borough could be money ahead to go ahead with construction. Costs of buying back the bonds, bid preparation, etc. would exceed costs of building. Asked why the resolution was written if authorization has already been given Atty. Boedeker reported when the first bide came in they were significantly above the amount authorized. Res. 86-97 and 86-98 were prepared when the bide went out the second time in case they j again came out high, but when they were lower, the resolutions became unnecessary. Unless the Assembly rescinds its authority under the } previous resolution, it still exists and these are of no effect. ASSENBLYMEMBER NASH MOVED TO SUSPEND THE RULES (in order to remove the resolutions from the agenda). MOTION FAILED BY A VOTE OF 9 YES TO 5 NO (2/3 vote, 11, required)t Brown. Walli, Sewall, Moore and Carey voting No. ASSESLYMEMBER SEWALL MOVED THE ADOPTION OF RES. 86-97(SBST). Mr. Sewall noted the substitute is completed with award to Ensearch Alaska in the amount of $5,206,700 includes a base bid of $5.113,000 plus alternates 1-3 as recommended by the school board and rejection of alternates 4-6. He stated he felt it was important to act on the resolutions both to share the responsibility with the Mayor and to choose which alternates should be included. Mr. Brown asked for the reference which forbade payback of bonds. Mr. Boedeker stated the Dept. of Education regulations regarding debt reimbursement do not allow approval of a bond issue which can be paid { back sooner than 10 years. Mr. Brown believed there was a statute which prohibited loans in the state which could not be paid off early. Mr. Boedeker was unaware of the statute, did not believe it addressed bonds. ASSE4BLYMEMBER BROWN MOVED TO POSTPONE RES. 86-97(SBST) TO AUGUST 19. i Mr. Brown felt some avenue might be found whereby the Borough could redeem the bonds and decline to build the schools which could end up standing empty if built. Mr. McLane urged a way be sought to transfer funding from building of this school to a more needed school in Seward where there is an influx of employment. With a special election, it might be accomplished without affecting the bond rating He felt if this resolution was defeated the Mayor could pursue this option. { Mr. Carey reported this idea was discussed in Finance Cmte. and they were told it was not an option under bonding restrictions. In addition. the Seward school will cost considerably more. Asked to verify this, Mr. Kinney stated to the best of his knowledge. } money assigned to the two specific schools could not be freed up until construction of those schools. Mr. Boedeker stated discussions are continuing with bond counsel and he would like to keep all options open at this time. i Mr. Sewall responded to comments as to the cost of the proposed Seward school by stating the site is excellent, very little grade. good soil and he believed costs were estimated as too high. -. - .--.- ------.-.-.-----. Mr. Johnson urged defeat of the postponement and the resolutions in order to give the Mayor maximum flexibility. i L { KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JULY 22, 1986 i }s ; In further discussion, Mr. Boedeker stated he would know by Friday i whether there was absolutely no means of transferring the mousy l Mayor Thompson stated if no way is found to transfer, he would proceed to sign the contracts unless the Assembly indicates other- wise. Between $1.5 and $2 million has already been spent on design work, site development and project management. THE POSTPONEMENT FAILED BY A VOTE OF 8 YES TO 6 NOt Valli, Johnson, Moore, Carey, McGahan and Dale voting No. - Mr. Dale recalled the long process over the last 6 months to reach approval of bids and believed the contracts should be signed. No one �i has come forward with information to show the schools were not y; - needed, He saw approval as a commitment to the future. i i' RES. 86-97(SBST) WAS DEFEATED BY A VOTE OF 6 YES TO 8 NOt Mullen, Sewall, Moore, Carey, McGahan and Dale voting Yes. (a) Res. 86-98 "Authorizing the Mayor of the KPB to Award econstruction Contract for Construction of Nikiski Elementary School, 1985 School Bond Project" (Mayor) ASSEMBLYMEMBER SEWALL MOVED THE ADOPTION OF RES. 86-98(SBST) AS - RECOMMENDED BY THE FINANCE CMTE. j. Mr. Sewall noted the substitute awards the contract to Ensearch 't Alaska in the amount of $5,358,000 including alternates 1.3. ` ASSEMBYMEMBER SEWALL MOVED TO AMEND TO INCLUDE ALTERNATE 5 IN THE !. AMOUNT OF $66,500. MOTION APPROVED BY UNANIMOUS CONSENT. t He stated 15 is for a water storage tank for fire protection purposes and there is a commitment from Nikiski Fire Dept. for $25,000 which would reduce caste to $41,500. Mr. Overman had no objection to the addition at the committee meeting. i RES. 86-98(SBST) WAS ADOPTED BY A VOTE OF 10 YES, 4 NOt Brown, Valli, 1 Glick and McLane voting No. (f) Res. 86-101 "A proving Various Changes to Budgeted oe one and Job Descriptions" (Mayor) Carl Guess, Soldotna, stated his concern that certain positions were s ni-g'ioa out for more reduction than others and the message that would :.•j. send to the other employees. He suggested those answers should be answered more fully and reductions in specific positions should be addressed in a comprehensive package from administration. Mr. Moore reported Local Affairs Cute. discussed the resolution with Mr. Campbell and were told no employee would receive a salary . reduction although the painter position which is not currently filled } would be reduced. ASSEMBLYMEMBER MOORE MOVED THE ADOPTION OF RES. 86-101 AS RECOMMENDED BY THE LOCAL AFFAIRS CMTE. .^ Mrs. McGahan stated the report helped, but it still seemed odd the t j Pres. of the Employee Association was the one losing his lead position even though it was not a salary reduction. Mr. Campbell -= - --=- - ---' reported it was felt more work could be accomplished by gaining a carpenters supervision could be handled by the superintendent. - ---.-- --- -= �� During discussion, the midnight deadline for legislative action was reached and Pres. Glick called a 10 minute recess. a� �. Mr. Campbell reported in Further discussion that there was a lead i person for plumbing, electrical, general maintenance and boiler maintenance. While there are a number of carpenters in the summer, 'i the rest of the year there are not enough to warrant a lead person. c qq� 12 - ,t i .j z r r n f KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JULY 22, 1986 THE BALANCE OF RESOLUTIONS FOLLOWING WERE NOT ADDRESSEDt (g) Res. 86-102 "Establishing Requirements for Contractors toBein compliance with Borough Tax Provisions" (Mayor) (h) Res. 86-104 "Placing on tho Ballot for the Regular orou$ Election. Ratification of the Borough Ordinance Limiting the Term of the Mayor to Two Consecutive Terms" (Moore) (i) Res. 86-107 "Placing on the Ballot for the Regular Boroughection, A proval of a 10% Decrease n Borough Employees' Salaries" (McGahan) (j) Res. 86-108 "Requesting the Kenai Peninsula Borough str c oard to Take Certain Actions" (McGahan/Walli) L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as notedt not for action this meeting.) (a) Ord. 86-53 REAR 8/5 (b) Rea. 86-87 HEAR 8/5 (c) Ree. 86-88 HEAR 8/5 (d) Res. 66-92 HEAR 8/5 (a) Ord. 86-8 (TABLED) (f) Ord. 86-44 REF. TO FINANCE CMT. (gg) Ord. 86-47 6 Substitute HEAR 9/2 (h) Ord. 66-50 HEAR 9/2 (i) Res. 85-161 POSTPONED U) Res. 86-27 POSTPONED ( ) Res. 86-28 POSTPONED M. FORMAL PRESENTATIONS WITH PRIOR NOTICE N. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Len Bunts, Sterling. reported a problem exists in disappearing road s gn-a FTrch coat the Borough approximately $40 each. He stated there would be a resolution on the next agenda setting September as amnesty month for the return of signs which have been taken for various reasons. He noted in an emergency. an unmarked road could result in tragedy and he felt parents could be more responsible in exercising some control over the sign taking which according to reports has become a popular prank. 0. MAYOR'S REPORT Mayor Thompson reported the reappointment of Myron Mickey and Phil Bryson to the Planning Commission for additional 3 year terms. There was no objection. Mr. Sewall asked if the residents of Crown Point could receive some type of property tax relief, possibly to be recompensed from the railroad. Mr. Thompson referred to Mr. Thomas who reported between when the assessment notices were sent and when the bills were mailed, the assessment on homes within a radius of the incident were reduced. Mr. Thomas reported one of the homes was refinanced at the assessed value and there was a sale, which was for more than the assessed value with the reduction. Mr. Brown reported receipt of a letter from a Crown Point resident reporting there have been tanks with the same contents which caused the problem before without labeling as to contents. He recalled the passage of a resolution requesting the railroad to eliminate that unloading site. He asked if Emergency Management has investigated the legality of unloading chemicals at the site. Mayor Thompson stated he had no knowledge of unloading at the site since the incident. He understood there had been a state directive that there be no chemicals shipped through there without proper labeling and notification. He would appreciate a copy of the letter. - 13 - KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JULY 22, 1986 Mrs. Walli stated she received the same letter and spoke to Clancy i! Johnson who stated if it had been shipped, it was Labeled but the contents are not legible to a lay person. She is pursuino with the OEM officer instituting a better method of labeling which everyone ?; involved could understand. Mayor Thompson reported at the request of OEM a meeting was held in Seward to give notice to residents of Crown Point that a contract had been awarded to Dames S Moore, a firm specializing in toxic chemical investigations. They will be collecting samples for testing from Bear Lake to Cooper Landingi sampling to be completed no later than August 21. He stated effects of the leakage have been felt at many different levels but the State is pursuing the extent of the damage. Mayor Thompson referred to a memo appointing the following to the Hope/Sunrise Advisory Planning Commissions Pauline Kowalke, Charles Graham, Bill Miller, 3 year termer Valerie DeFrance, Linda Leady, 2 year termer and Dave Hanson. Burrel Thorne, 1 year terms. Mayor Thompson noted a memo from Tom Overman regarding students located at Beluga and a request to build a school. DOE requires a school be provided for 8 or more students of elementary age in a community) the number of students is being verified. Mayor Thompson provided a brief history of the borough and its growth in population, voter approved powers, respponsibilities and buildings. It included facto concerning bond debt (.175,645,000) equalling daily payments of $72,367. He noted the small percentage of people who vote control the rest of the Borough and, essentially. tax rates. The top ten taxpayers are paying 41.52 of the taxes. Also. 60% of the tax bills mailed are to outside Borough addressee. Limiting salaries of Borough employees cannot possibly offset the increases approved by the voters. Mayor Thompson reported the Governor cut allocations to the Borough by $2.5 million this week and ways to cut spending have been sought. Effective August 4 the Borough will cut its work week to four 9 hour da s. Monde through Thursdayfrom 8 a.m. to 5s30 p.m. All personnel. from the Mayor down will receive a 10% pay cut. A freeze on hiring and on all projects and change orders not shown to be absolutely necessary or money saving is effective. In response to questions from Mrs. McGahan, the Mayor stated all positions including half time would receive a reduction in time but every effort would be made not to lay off any employees --there were no extra personnel. Mrs. Glick asked if shifts could be staggered to allow the office to be open 5 days. He replied he was considering options but an advantage was the longer day would accommodate people who work the same hours the Borough office is open. P. OTHER BUSINESS Q. ASSEMBLY AND MAYOR'S COMMENTS ASSEMBLYMEMBER CAREY MOVED THIS MEETING BE ADJOURNED. MOTION WAS APPROVED BY A VOTE OF 10 YES TO 3 NOt Brown. Johnson and McGahan voting No (Dale absent). R. INFORMATIONAL MATERIALS AND REPORTS S. NOTICE OF NEXT MEETING AND ADJOURNMENT Pres. Glick announced the next regular meeting would be held at Homer High School beginning at 7 p.m. This meeting adjourned at lsll a.m. Date approved A Ts • e y 3. re'se-SETY res en oroug ► ULerk - 14 - L 014 1 /Vpo -3) ` !°p Jim LAW Offices Hoq:e Erhardt Retired FAA _ Ind Vice president Caebr Ron hfamm 1Nalstott's. lac. Kenai Pennsula PYshermen's Cooperative r finenedia� aatPPeesident �.yl so= Fred Brace Fred Braun Sport Shop Y Loney Heinrich Unioe Chemical P�y's Travel VWon Ceeter Dennis Swseaee Don MassFood Kenai Town Uquw Soli City Kenai „ h jS� Rudd Date Retired Tesoro Alasks Retired Leo Oberts hm. j waiter Crowdi, Ceaycroft Chrysler ij Royce Roberta Lester Views Arctic Wpe faspection Kenai Pealneula CommuNty College Dope mown National Banc of Als" Executive Oetector/Manager Adsabdotmd" AaistantCarolinol Saoer Willis Kenai Chmber Kenai Cbamber , T-1 F s K/sd Cbambr of Commeeee Boz 407 �; f Esasi. Alseka 99611 v 4 li 3 ' CITY OF KENAI 210 Fidalgo Street Kenai, AK 99611 20um 2" 204M M2= 2w7676 M7d61 2W7M M390 2001 2W7691 M7M 263 9989 111" M:E PAID KE MAKIMI P"tNa1a Pr►QoA J { ALASKA STATE CHAMBER OF COMMERCE 27th Annual Convention will be held in Fairbanks on October 2nd through the 4th. For copies of the proposed agenda and/or registration for. •.,".:Please contact the Kenai Chamber -- the program will offer many special sessions in- cluding a presentation by Secretary of Defense Casper Weinberger. ALASKA BUSINESS POLITICAL ACTION COMMITTEE, the political arm of the Alaska State Chamber of Commerce, has provided the Kenai Chamber with a listing of House and Senate votes held during the 1986 Legislative Session on Key Bills supported or opposed by the ASCC and the local Chambers of Commerce. If you wish to obtain a copy of this report, especially before the up -coming general elections, please contact the Kenai Chamber of Commerce and we shall mail one to you. S.C.O.R.E. Rawlins Apperson, newly elected Chairman of the Service Corp of Retire Ex- ecutives/Active Corps Executives has advised that his organization will provide counsel- ing services to those wishing to start a new business or those businesses with special problems. Request forms may be obtained at the Kenai Peninsula Community College be- ginning September 2nd. KENAI VISITORS 6 CONVENTION BUREAU has had a busy summer this year with an increase in tourist activity and mail inquiries on the Central Peninsula area. The Information office of your Chamber responded to in excess of 900 mail requests from employment and moving to the area, as well as visiting the area and requesting information on accommo- dations, fishing, etc. IT HAS TRULY BEEN A BUSY YEAR thus far. i BEAUTIFICATION. A special thanks from all of us to the City of Kenai Parks b Recrea- tion Department, who have truly done an outstanding job of landscaping the City green j strips and rights -of -ways. WELCOME NEW MEMBERS. Kenaitze Indian Tribe, Norm Nault, Executive Director; Pioneer Construction Company, John Evanson; Warning Lites of Alaska, David and Robin Marsh. BEST WISHES TO ALL THOSE CHAMBER MEMBERS WHO ARE CONCERNED CITIZENS AND ARE RUNNING FOR PUBLIC OFFICES. Including Assembly, District III, Phil Nash, local attorney; s' Board of Education, Aaron Morse of Betz Laboratories; Kenai City Council, Christine Z Monfor and Art McComsey of Fire Control Systems; and, Mayoral Candidates Raymond Measles of Tesoro Alaska and John Williams of Designer Realty. In the House Races, we have Chamber members Tom Weimer and Mike Navarre running for Seat "A" and Seat "B"► Chamber members Edward Garnett and Marilyn Dimmick._ District II, Ch3mber 1 member Patrick U'Connell. GOOD LUCK TO YOU ALL11111 1 { l �> a In September, we shall have the following programs at 12 noon at the Kenai Merit Inn: September 3rd - Kenai Peninsula Borough "Salary Cap Initiative" September loth - Borough Assembly Candidates, District 3 (Kenai/Nikiski) September 17th - City of Kenai Council Candidates September 24th - City of Kenai Mayoral Candidates X L L. X 40 Resource Development INFO-I;Z • for Alaska, Inc. 107 Nr out his no. "Fill, MW "501.2/11 Sa 160511, IWOM11, "luau 815IH511 - 007127HIOD August 27, 1986 EXECUTIVE DIRECTOR Paula P. Entey TOs RDC Community Members FROM: Lynn Gabriel, RDC Membership Relati RE: RDC Breakfast Forums Time: Thursdays at 7:30 a.m. Places Northern Lights Inn 598 W. Northern Lights Blvd. Anchorage, AK 99503 As a way to help increase the participation of out-of- town members, we've been sending schedules for RDC's breakfast forums in advance. We've enjoyed seeing more - `-pe the trend continues. Intent that these notices be included ily packets to reach members of the .et me know if you would prefer us to .y to your manager or clerk. ar from you about subjects you would l!d at these forums. Carl Portman, ns Director, would be glad to discuss 1. icoma: Opportunities for Alaska ?resident, Tacoma Port Commission source issues: ,Economic impacts , Lt. Governor, State of Idaho ing for Bering Sea Gold ron, Alaska Operations Mgr., Inspiration Mines Inc. n Alaska/Grown in Alaska j sident and Chairman of the Board, {1 ska Association of Manufacturers 1 L i ecrm JI i a Jxy .. i1 1� 1 . MAD — 33 CITY OF KENAI ,.vet elz" 4 4" 210 FINL00 KENA1, AUMM 9ib11 TF. "110N@1183- 5 MEMORANDUM TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATES August 6, 1986 SUBJECTs JULIUSSEN, BASINVIEW, AMES, BARABARA, ANGLER DRIVE OF AUGUST 6, 1986 A,'3'$ FOR: COUNCIL MEETING pL;.0 The design engineer's, OceanTech, construction cos estimete is: Juliussen: $ 38,000 Dolchok 3,000 Ames 203,000 Basin View 26,000 Angler 262,000 Barabara 98,000 TOTAL $630,000 ESTIMATE COST SUMMARY Administrative Inspect/Test/Survey Construction .104 Contingency TOTAL KK/aw $ 1,000 100,000 630,000 63.000 $794,000 Srgrc Gje&,)T' IV 3951boo L L fil 1 -p s ,h 1 R a • to a �0k i oat i i i g Qia C N r�. • � O � � � Ai cc p O � Q O � «� (D O ct F1 o to ao WO oro g gg 1-3 wm � o � 0 0 m • § o o Q° � 8.0 g _. +d Od Id e► 'd O O DC t� t�f rrC L L E MCI __1�T The library has two electric typewriters an annAppLE II fomputer for public use. Because of heavy demand, pp _ PreSchool storyhour is held every Thursdo at 10:30 a.m. for 3, k, and 5 year old children. Parents and younger (or older) children are welcome to remain In the READING AREA of the library. We request that you do not give the children edibles or chewing -gum in the library. 8toryladies and staff will maintain order. Due to the openness of the reading area, NO BOOKS MAY- BE SELECTED DURING THIS TIME. Many thanks. ALASKANA FILMS W SHOWN DAILY at 2:00 p.m. Children under 13 must be accompanied by an adult. ={ Special Day Notes: American,Newspaper- Week - Sept. 21-27• Always the full week in which Sept. 25 falls anniversary of the First American Newspaper (q.v.), Publick Occurrences Both Foreign and Domestick, published at Boston, Sept. 25, 1690) # Tolkien^ Week - Sept. 21-27• The purpose is to promote appreciation and enjoyment $ of the works of J. R. R. Tolkien. Look on our shelves for many of his works. = Italo Marcbiony emigrated from Italy in the Ice Cream C�one_SirthdaY -Sept. 22. late 1 00s and soon thereafter went into the portable restaurant business in New York City. with a pushcart dispensing lemon ice. Success soon led to a small fleet of pushcarts and the inventive Marchiony was inspired to develop a cone, first ! made of paper, later of pastry, to hold the tasty delicacy. National Good Neighbor Dav - Sept. 28. Purpose: To build a nation and world that cares. To increase appreciation and understanding of our fellow man beginning next { door. Ask a -"at id" uestion - Sept. 30. To encourage curious people to overcome their timidity and ask that "stupid" question. Call your 10ca1 library, radio station, newspaper, barber shop, or any other fount of knowledge. Coor-I.Banned_Books, Week -.Sept. 20-27• The official "Banned Books" week Is being dinated by .American Library Association. These books include many outstanding works of recognized literary or cultural merit which have.been banned, challenged, 1 censored, burned or removed from American schools and libraries. LN MJ I Banned Books M Week SEPT ZO 427 First Amendment the prented! KENAI CCMPM1'J I TY LIBRARY PUZ&WNon BY BANED HOOKS? ALpO John each wrote S. Srory 29. Alias for Doris Kappelhoff 1. American Heritage 39. Hemingway character's 6. Jay 31. Where Alice had her f 4. Dorian's creator 11 10. Bogart/Bacall film milieu 41. Gervaist's daughter 7. Goethe bestseller 8. Woman with the scarlet letter adventures 33. Corleone's creator I1. Go Ask 43. Eugene 9. Maya 34. Infamous place in early soap JJ. Emma 17. Boston Collective's book 44. Plath's jar 46. Lore's lover 12 Michigan born author 13. Gave us The Giving Tree' 36. Bridge to 37. Rabelais' largest title 20. O'Hara's War 47. Adam Brde author 14. Are You Then It's Me Margaret 36. Below Benchley's gums 39 Ses education book for 21. Naked ! 22. Sue Lyon role So. One new over it St. Part of E.B. Browning title IS. Derameron author children 26. Diary author $2. Darwin'stheory 16 Studs Terkel's labor I8. Author of Candide 40. Zola 42. Fishing in 28. de Maupin 30. Word from Salinger title DOW h 19. Loman's profession America 32. The Living I. Charles B. _ 2. "A Kubrick 23. Orwell's farm 24. Robinson's Iasi name 44. Royko title 43. Little Block 33. Author of Sorry _." film 25. Tragedy 48. Hardy character 33. Kurt 37. Matthew. Mark, Luke and 3. Author of Haman Body 27. Erica's fear 49. ^ -Flanders L L E7 J 7 L-. - L ti r 1 �> ul ., .._. 4, a •i { j: h 4 j� i' 'J Amawras To BANNED BOOKS PUZZLE L L 1 I � T r us e e Digest 1 r AmedcanUhrmT ideeAssoclallon Summer 4986 Vol. 2 No. 3 Marketing prOVIOM supports library growth During the last decade, many business the benefits of the library. activities have moved into the realm of Potential users typically seek information not -for -profit organizations and community from public and personal sources concerning services, the library and what it may offer. Library Dub Ashton, associate professor and administrators may induce this behavior by chairman, Department of Marketing for establishing programs that attract media the University of Arkansas, suggests how attention and that interest market libraries can benefit from commercial marketing techniques in Arkansas subsegments. For example, seminars offered for special Libraries, Dec.1985. published by the interest groups may attract groups of Arkansas Library Association. workable sizes to the library and provide Commercial firms commonly accept the the basis for a list of potential library users idea that "core" markets exist for their for direct contact or direct mail promotions products or services. Marketers realize that of library events. Is not enough to ensure corporate growth and increase profits and that the "fringe" Following the search and evaluation process, potential users tend to be motivated market must be attracted if growth is to either to use or not use library services. At occur. The fringe market is those users this point, administrators should seek to who are not currently purchasing a product establish benefits gained from library or service but who possess the characteris• services. tics of potential consumers. Perhaps a major reason for the difficulty Too frequently, service organizations focus on the product/service they offer public libraries experience in attracting and fail to address the needs of the user large numbers of users is the tendency of Communication is the link between what library administrators to define inappro• the library has to offer and the public. A priately the nature of library services and planned program of advertised and non - to focus more on books, magazines, films advertised communications may be used to and papers than on the user of services. influence understanding, acceptance and The use of contemporary marketing cooperation of both the core and the fringe strategies may help to build the perception public. of the public library as a valuable source To this end, the following marketing of educational and recreational information, objectives may help to increase the success Users must be informed of the possible of library activities: benefits of their exploring the services offered. One method is to establish a 1. Encourage library administrators to their assistance in "educating" the public to evaluations of library programs and si ft your library" collections to ensure they serve public needs and interests. 2. Assist citizens in understanding the value of the library and its archives. 3. Attempt to increase the number of positive experiences subscribers and potential subscribers have with the library. 4. Conduct opinion polls to develop a sensitivity to public attitudes about the library. 5. Increase the opportunities for the news media to present public interest editorials about the library. 6. Urge library administrators and staff to become more involved in community activities and to become spokespersons for the library. 7. Help citizens understand how books are selected for the library, how the library is financed and how they might become involved in its government. In conclusion, libraries may be able to profit from an examination of marketing and communications strategies that are common to the commercial sector. However, programs, collections and hours of operation must reflect the needs of the public rather than the desires of the library administration and staff. A user -oriented approach to collections and programs will provide a foundation for the development of a contemporary library environment, which will insure the long- term establishment of a satisfied library clientele. t of a recent Gallup Poll on in innovative program has red by the Queens Borough : Library to encourage use by vho least use the Library: nd those with low incomes mal education. Ip survey consisted of over one interviews with Queens presentative of the general The poll showed that the ary is heavily used by tudents of all ages, highly d high income groups. persons with incomes under $10.000 a year, and those without high school diplomas do not take full advantage of free library services. According to Queens Library Board President Albert J. Ungar, "The Gallup poll was commissioned on the occasion of the Queens Library's 90th Anniversary to determine user patterns and satisfaction so that the Library could plan effectively for the future." The poll found that among Hispanics interviewed, only 32 percent had a Queens library card. The library's new outreach effort will include: Owwwodows L i f. TAKING CARE OF BUSINESS "Sayp"conf,nued Iron, pugs 1 Spanish language . Strengthening of j? collections m the six Branch Libraries Aetlon agendas make age ' Hunk (3-4 min.) "The serving large Hispanic populations and Library; I better meetings Hendersin warn,: mind can only absorb what the seat can bear." in the Central • Distribution of thousands of bilingual ; d The case for an action -oriented agena a Members also need a mental break brochures entitled "If You Speak i lasting no more than two hours is made after dealing with the most difficult Spanish, We Want To Be Your Library" an article by Charles E. Henderson, Ph.U• item. to promote existing materials and and president of the Denver -based • Discussion -only Rents (15-30 min.) services. 1 Biocentrix Corp. in the Aug./Sept. 1984 A time for relieving tension, Henderson • A new series of "Coping Skills" issue of Association and Society says. members can vent feelings programs in Spanish on topics such as Manager without feeling pressured to make a immigration law, citizenship, and ! ' Henderson's guidelines: decision. consumer information; s • Read brief, agenda -relevant • Least dMieult item (10 min.) • A series of programs for children and )) minutes (10 min.) Ills important to end on a positive adults focusing on Hispanic culture; t j "Agenda -relevant" means the headings note, setting the tone for the next . Cooperation with other agencies of the last agenda are repeated in the meeting. Schedule one easily serving the Hispanic community ' s i minutes to make for easy comparison dispatched item in the final minutes through a special event, "Fiesta de of the meeting agenda and actions of the meeting. Information" to exchange information taken. and ideas; - • Reports (time varies) Keep reports to a minimum. When you Florida survey • Development of a Hispanic Cultural Exhibit in conjunction with the 011antay list a report, clearly state the action explores expectations Center for the Arts to feature Hispanic � ' members are invited to take. Circulate executive summaries well in advance. Four hundred Friends, trustees and directors in the Florida responded authors, arts and music; More bilingual signs in neighborhood ',..r • Announcements 415 min.) state of to the following questions with great libraries serving large Hispanic This is a flexible category that allows similarity: populations; l,` 1 you to fill time if people are late. Announcements should be non 1. What do library boards expect of the • Publicizing expanded hours in which job applications will be accepted, to y,'• j: controversial and declarative, providing library director? • Cooperation encourage bilingual applicants to fill r little or no discussion. 'Communication —representing custodial, clerical and librarian i Least controversial items 115 min.) correctly what board said positions; ; 11 A quick. easy decision puts everyone in a decision making frame of mind. .Effective day-to-day operation • Represent library to public •Recruitment of Spanish-speaking volunteers whose primary activity will ? Specify what actions are required so (in conjunction with board) be to staff displays and exhibits and to j members will be more prepared to • Fund-raising distribute information to the Hispanic ! deal with each item effectively. . Volunteer coordination community. • Most dffilcult item (2540 min.) • Recognition for efforts and achievements Library officials noted that many Hispanics Members have the most energy in the • Interest, commitment, participation do not have a tradition of free public middle of a meeting. If more time is 2. What do library directors expect of library service in their native countries. required, members probably need more library boards? The Gallup survey also indicated that information. Table the item and make . Cooperation only 22 percent of those without high arrangements to get more information • Communication school diplomas have a Queens Library for a later meeting. • Effective policy -making card, that only 27 percent of those with • Fund-raising annual incomes of under $10.000 have a lhw" ug"t • Interest, commitment. participation Queens Library card, and that over 50 _ 7rnetee Digest is published for library board affiliates by the American Library Truster • Representing organization to public • Provide adequate facilities, staff and percent of those in low income households who do have library cards have not f Association (ALTA). a division of the American Library Association. Headquarters: equipment • Utilization of individual board member checked out any books. Other new programs announced: 50 E. Huron St., Chicago. IL 60611. skills and qualifications • A vigorous new recruitment program ' Telephone: 312-944-6780. Executive Director: • Recognition for efforts and achievements to get additional volunteers to teach 3 Sharon Jordan. 1988-BT ALTA officers: 3. What do library boards need to get the functionally illiterate adults to read and write; { it - --_---------- - - -- --- - President Kay Vowvalidis job done? • Background and training information • A new and expanded lob search ) service offering daily listings of jobs - - - Ozark. Alabama •Understanding of responsibility of being a board member on microfiche in nine branches, three Ist Vtre•Pwsident/Pres.-elect Gloria Glaser Glaser • Priority and commitment of which will also have a job counselor once a week; New York, • Leadership and direction from director and within board • Expansion of job/career advisement 2nd Vice•Ptesident • Access to secretarial assistance and services including information an Norma Buzan Bloom eld Hills, Michigan Bloomfi to equipment • Understanding of agency programs financial aid for education, job training programs, resum6s and job search ry skills. A career counselor will be hired Patricia Turner to deliver service in various branches; l j Baltimore, Maryland Past•P►esident • An information program that describes ALTA Immediate Herbert Davis State Library of Florida Intercom Queens Library services and is Brmklandville, Maryland Vol. 14. No. 2 March/April 1986 directed to the agencies that serve low income clients. L L �. ; L tii. Y �1 1! A. it 2 r l ii 1 , is r� ALTA UPDATE B@nefactors hwored Winners of the ALTA Major Benefactors Honor Awards are: The F. W. Symme Foundation of Greenville, S.C., for a gift to the Greenville Crmnty Library of $38,000 for Sunday openings and $300,000 for a computerized circulation control system. The family of Adele Dillard Pannill of Martinsville. Va., for a gift to the Blue Ridge Regional Library of $830.077.50 in cash and stock for construction bills and other related costs. Mr. and Mrs. Raymond Schrader of Lake View, Iowa, for a cash gift of $100,000 to the Norelius Community Library. Mr. and Mrs. E. A. Norelius of Denison, Iowa, fur a caslr gift of $150,000 to the Norelius Community Library. Mr. and Mrs. Frank Walker of Stockton, Kan.. for a gift to the Stockton Public Library for construction of a 4,200•square• foot addition to the building, renovation and new equipment. Dr. and Mrs. C. W. Mehegan of Stilwell. Okla., for donation of clinic building and adjoining vacant lot to the Stilwell Public Library. Jesse and Ruth Drew (deceased) for gift of entire estate, $547,000, to the Virginia Beach (Va.) Public Library. Peggy Palmer Summers (deceased) for a gift of $270,000 to the Kinderhook Regional Library, Lebanon. Mo. The Havre Clinic of Havre. Mont., for donation of the Havre Clinic Building to the Ham -Hill County Library. The Kresge Foundation, headquartered in Tiny. Mich., for a gift of $150,000 toward construction of an addition to Troy Public Library. Dustees cited Recipients of ALTA 11ustee Citations are John H. Robertson, of Virginia Beach, Va., and Amanda L. Williams, of Berkeley. Calif. The citations are presented annually for distinguished service to library development on the kcal, state or national levels. Robertson was cited for "his courageous stand in support of intellectual freedom on behalf of the Virginia Beach Public Library, in the face of public criticism and risk to personal income and security. also his leadership in the Virginia Library Association's successful campaign for full funding of State Aid for Public Libraries. Williams was honored for her "long and distinguished service to the Berkeley Board of Library Trustees, through early trial and later success; and her leadership of the California Association of Library Trustees and on behalf of "the unnerved and underserved for public and school library service" KayVowvolldla ALTA President 1986.87 1986-87 Officers Kay Vowvalidis, a member of the Alabama State Library Board of Trustees, is the new president of the American Library Trustee Association. She has served as an ALTA regional vice-president and chaired several ALTA committees. First vice-president/president-elect is Gloria Glaser, a library public relations consultant from New York. other officers for 1986-87 are Norma Buzan, trustee from the Bloomfield Hills (Mich.) Public Library, and secretary Patricia TUrner, president of the Baltimore County (Md.) Public Library board of trustees. Secretary of State wins uteracyAward Jim Fdgar, Illinois Secretary of State and Stale Librarian, is the recipient of the 1486 American library Trustee Association (ALTA) literacy Award, presented during the American Library Association's IALA) 105th Annual Conference in New Virk. Edgar was nominated by the executive committee of the Illinois Literacy Council, which stated, "Through Secretary Edgars leadership and personal commitment, the Illinois literacy effort has become a model for other states and received recognition from national organizations for its accomplishments." Since the establishment of the Illinois Literacy Council in May 1984. Edgar has advocated for public support of local programs in Illinois. At his direction, the Illinois State Library made $700.000 in Library Services and Construction Act t LSCA► funds available to Irbratteb and library systems for development of literacy programs or support services for programs already in existence. Edgar also requested that Governor James Thompson include $2 million in his education reform legislation for support of literacy programs, which was approved in June 1985. The ALTA Literacy Award is given annually to an individual who has done an outstanding job in making contributions toward fighting illiteracy. NLW theme: "%bke time to road" "Take time to read ... use your library" is the theme for National Library Week (NLW )1987 to be observed April 5.11. The "Take time to read" message will b featured onnew promotional materials e published by the American Library Association. lase Style ondSubstance"continued ffom page 4 Reader, sponsored by the Center for the Book at the Library of Congress. NBC/TV businesslike, cozy, elite, efficient. neighborly or whatever. Agree on it, be is launching an incredible new series of consistent, and mind the details —details suchs the print Toduced public service announcements to promote reading and libraries. The spots feature I have aterials your library. crusadey to stars of their winning shows, including the Cosby Show, Cheers, Hill Street Blues, make public librarians see that shoddy homemade brochures and flyers are a St. Elsewhere and Miami Vice. ALAs new "Celebrity Read" posters will include ridiculous misuse of public funds. it doesti t cost much to do it right. Even if you're not Paul Newman and David Bowie. All of it in a position to add a graphic artist to the library staff, every library that produces is available to your library. The national literacy effort that ALA printed materials should consider hiring a free-lance designer to get started toward has been leading as the founder of the Coalition for Literacy will take off this fall. PBS and ABC are sponsoring Project a consistent graphic image. 6. He Willing to take a chance. The biggest risk in launching any kind of Plus —Project Literacy US, a massive commitment to documentaries, news outreach, marketing or public relations is that you'll promise more than coverage and entertainment programming on adult functional illiteracy, supported program the already overworked library staff can by outreach efforts in local communities, The library should be the catalyst for deliver. On the other hand, we can no longerpassivelyfford to wait for people discover local coalitions. 5. Think about style. Decide what that re te perfect institution that deserves their support. kind you want, whether its elegant, i.� L L 7 ,.1 I f i i; POINT OF VIEW ui%: another New York institution, "Now that Style and Substance it's come out of the shadows, the Library is the perfect New York institution. it has by Pew, Barber intellectual cachet. It's about books a.k.a. culture. It has a liberal aura, because it Here we are in New York, where the Public library is the new social hot spot. You can't possibly have missed the barrage of recent publicity about the New York Public Library and the 75th anniversary of the Beaux Arts Fifth Avenue building. There was a loving two-part article on Vartan Gregorian in the New Yodxr. He was right at the top of a list of the most fascinating men in the country in the June issue of Vogue. There are articles in just about every magazine you pick up. in the midst of all the glamour and fluff is an article that is must reading for every public library trustee. it's titled "The Studio 54 of Culture" and appears in the very stylish and trendy Vanity Fair — the May issue. The article is a surprisingly useful analysis of how the New York Public Library became a social —and, as a result, financial —success. I have only one point to make, and it is extremely simple. Public libraries are stacked with substance, long on virtue, packed with respectability and, in most uses, woefully short on style. Style is distinctive or characteristic manner. Style is overall excellence, skill or grace in performance, manner or appearance. The New York Public Library has style. It hasn't always. According to Arthur Lubow in Vanity Fair, "For a long time the Library sprawled as sleepily as the two stone lions that guard its entrance" "it was just dim and dusty and nobody paid any attention to it" said Aileen Mehle. who writes the SUZY society column. What made the difference? The Board of Mustees. Vartan Gregorian has received much of the attention for his magnetic personality and fund-raising ability. But consider ... Who hired him? Gregorian has been magic. He is a bookman and a scholar, a bona fide intellectual. He also twinkles, hugs people, and "makes you think he has been waiting three weeks to see you." In describing Gregorian, Lubow makes a very important point ... "When a cultural institution tries to spitf up its image, the person in charge mustn't seem too much of a huckster, lest the new image come off tarty instead of glamorous." Gregorian is consistently the scholar. He effervesces but he is untainted. He says, "My role has always been that of educator. I have rarely asked people for money. i explain to them the issues" 1 won't spoil the article by giving away the whole story, except to say the library board Fe':s sident planned some very clever for the elite and for the rest of us. membership became fashionable. and, to quote a fund-raiser for lew York. The library casts a welcome ;low of professionalism and intellect." The article also notes that the people who come to the library's fashionable iarties, and who give tons of money, don't ise the library. They don't use it, but they to respect it. And to quote a major donor, 'If you see your picture in the paper ietween Arthur Schlesinger and Kurt Vonnegut, that gives you a seriousness mu don't get standing next to polo players" But you say, "I'm not Brooke Astor. don't have an extra $5 million lying iround. There aren't big celebrities in my mmmunity.'The Studio 54 of Culture' is in New York and New York is unique" And I say nonsense. Your library is also the perfect institution with the intellectual cachet, the culture, and the real service to Al people. The only difference —your problems are smaller. As a librarian who has been struggling for the past ten years to develop a national public service advertising campaign for libraries and librarians —whether they wanted it or not —I have discovered that we have endless prestige and tremendous clout. When ALA asks a celebrity to make a public statement or lend a famous face to the promotion of libraries and reading, we have only to fit into their schedule. They almost always say yes. We make them look good. We're better than a polo pony. Our biggest mistake has been thinking too small. The world is ready to love and support libraries, if we are ready to come out of the shadows. But you ask, "What does this mean to trustees, and what does it have to do with style?" By style. i mean the big picture ... how the library is perceived by the people who pay for it. It's up to the trustees to set that style. The public library is a middle-aged institution. it's not new. People have a preformed impression of it. it is taken for granted, even by the people who work there. Even they may not be aware that it is the perfect institution. They've probably never given a thought to its style. So what can you do? Here are a few suggestions .. . 1. Hire the right director. You need a real professional librarian who knows how to run a library, knows books, is a good administrator, has a good personality, is committed to the profession, is active in professional organizations, and also active in community groups. If the director you hire isn't perfect, it's your responsibility to set the standards and let the person grow. And its especially important to let him/her run the library. You should provide political entre, full support, and lots of encouragement. t4ggy Barber k assoolote execiAim dteotor for conmmnWIons for the Anitrlcan library Anoclonon. this ?"tot~ k based on her remoita at the ALA PeopleftnA e- Stotts Brunch at the ALA Annual CoMewnce in New YodL 2. Be willing to spend some money on public relations, but don't rush into publicity. You must have a plan. The best first step is to commission a communications audit —a public relations term for a full and careful study of all the ways the library communicates with all its current and potential target audiences. The most successful public libraries have written public relations plans, policies and a pr budget. The trustees set the pace. 3. Be an activist. Use your clout. Brooke Astor has given up her other board commitments to give her full energy to the library. She has become identified with the library. If you've been appointed or elected to a library board, you know lots of people and have clout. People should think library whenever they see you. You should be an articulate spokesperson and have a couple of quotes always in mind ... brief and well-turned phrases that express your thoughts and concerns about the library. 4. Thke advantage of national campaigns —especially the ones we direct from ALA. About two weeks ago there was a major article on McDonald's in the business pages of the New York Times. I read about their huge market share with great interest. But do you know that McDonald's has only 9,600 stores! There are more than 15,000 public libraries. Can you imagine what we could do if we all got together on a public service advertising campaign? ALA produces print, radio and television materials every year, and a publicity book with lots of ideas about how to use them. We place the materials with the national media and market them to libraries. The activity has grown from nothing to an almost $1 million a year "business that has allowed us to work on year-round pr activities for libraries without using any of your membership dollars. Our theme for 1987 is "Take time to read" tying in with "The Year of the 00anw.doas➢ 2 �1 J A. WIEDERHOLT .j 1 I � t CONSMUCTIO14 COMPANY OINIRAt CONTRACTOR D. WIEDERHOLT CC I C IA070L I �'{ ii91v11,2`� August 12, 1986 y„ Tan Wagoner, Mayor ' ?, City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mr. Wagoner, i recently bid on the job of building the automated flight service station in your area and caneupon a situatior that was of interest to me in the bidding process and I would like to get some further informstion on it. On the day of the bid opening, one of the electrical stbs that was giving us a bid, mentioned that he had heard that there Was a $40,000.00 fee for the hook-up of the electricty to the building. The specs mentioned that the general contractor was responsible for all fees, which is standard, and I anticipated the usual fees that are involved in any building project, however, they are much less than $40,000.00. I contacted Honer Electric in Kenai, and talked to the engineering dept. and was told that this was correct and that they had only been notified the day before that this Wild- ing was to be erected there and had had to quickly put together a cost figure. We therefore included it in our bid. You have hpd other projects bid lately which also had very high fees for the hook-ups and I would like tc know exactly what the policy is on bidding on these projects when these large fees are charged and the architects have not Wide anyone aware of then or even notified the utility companies so thay they have time to gnt a good cost estimate together. Are you requiring that the general contractor pav for these out of the price that they bid o --the- job or are�•they allowed to apply for an ejctra when they :ace unusual,, as in the ease of the flight center? I would appreciate hearing from you in this Wetter. Sincerely, v H. Wfedexholt 2807 WEST 29TH AVENUE ANCHORAGE, ALASKA 88803 19071248.3868 j L L J carmen vincent gintoli.erchitect :# 130 trading bay road, suite 330 kenai, alaska 99611 907 283.7732 September 3. 1986 i� i City of Kenai h; 210 Fidalgo w a; Kenai, AK 99611 :�� y R - Attention: Keith Kornelis Res Automated Flight Service Sta 4 :. Dear Keith: We are in receipt of a copy of a letter dated August 12th to Mayor Wagoner from F & W Construction regarding the electrical service fee E to the project. We were made aware by Sam Kaser of BEA that upon review of our drawings the electric utility connection fee would be $38,000. Mr. Kaser called us the day prior to the Bid Opening. Bence, any contractor preparing his bid would have had the connection fee and 33 3n should have included it in his bid as Mr. Wiederholt claims he did. Further, that same day we received calls from several electrical z_ contractors asking if they should include the fee. We referred them to Section'01500, paragraph 3.09 UTILITIES CONNECTIONS which specifically piaaes the responsibility for these fees on the = contractor. Out position was confirmed by the City Attorney who • reviewed that portion of the specifications. ou...Wiederholt states that we are allowing the contractor to apply for E a change order. No such request for change order has been made nor r would one be considered. Please contact me should you require additional information. 1 --=------ -- -. Sincerely. carmen v�in/c'ent gintoli, architect Carmen V. Gintoli L J. / � � � � i i . ,, /� _ , � / • � i � i` / / �� � , � / r // � � / � i / " / � / � /, /, i � +' � / � i � � // / -. i � � i � i ,/ ' � r. ,.f�,:.. _. i ;, 3 �� .. .. � i ,y � � �'f( Y! �1 ;t ,!� i 5 i t 1 �.