The URL can be used to link to this page

Home My WebLink About1986-01-08 Council PacketKenai City Council Meeting Packet January 8, 1986 AGENDA KENAI CITY COUNCIL REGULAR MEETING JANUARY 8, 1986 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1 . Agenda Approval 2. Consent Agenda *All items listed with an asterisk(*) are considered to be routine and non-controversial'by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (Time Limit - Ten Minutes Per Person) 1. Ed Brown - Development Schedule - Lease of Airport Lands. C. PUBLIC HEARINGS 1. Ordinance 1103-85 - Increase revenues/appropriations Repay general fund from water and sewer special revenues $256,123, 2. Ordinance 1104-85 - Increase revenues/appropriations State grant,' Senior Citizens - $90 , 031 . 3 Ordinance 1105-85 Increase revenues/appropriations State grant, Senior Citizens - $5,6380 4. Ordinance 1106-85 Increa-se revenues/appropriations Borough grant , Senior Citizens - $24,0680 5. Ordinance 1107�5 - Amend KMC exempting personal r P 9 property. from (taxation. a. ISubstitute Ordinance 1107-85. 6. Ordinance 1108-85 - Amend KMC - Cemetery. 7. Resolution 86-1 - Designating Deputy City Clerk. 8. Assessment Petition - Dena'ina Point Estates. a. Resolution 86-2 - Setting public hearing - Dena' ina Point Assessment District. 9. Resolution 86-3 - Accepting State Grant - Airport Master Plan Update,* *10 . Liquor License Renewal - Peninsula Moose Lodge #1942 , *11. Liquor License Renewal - Eadies Frontier Club. *12. Liquor License Renewal - Oaken Keg #58. *13. Liquor License Renewal - Italian Gardens, Pizza Paradisos. 14. Liquor License Renewal - Larry's Club D. MINUTES 1. *Regular Meeting, December 18, 1985 E. CORRESPONDENCE 1. Martin Luther King Day F. OLD BUSINESS 1. Old Town Historical District G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1109-86 - Senior Citizen Day Care - $44,644 4. Discussion - Airport Way Project 5. *Games of Chance and Skill - Greater Kenai Chamber of Commerce. 6. -Games of Chance and Skill - Kenai Central High School. 7. Discussion - Cemetery Regulations H. REPORTS 1-1 City Manager 2, City Attorney 3. Mayor 40 City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission 8, Recreation Commission 9. Library Commission I• PERSONS PRESENT NOT SCHEDULED TO BE HEARD (Time Limit -.Five Minutes Per Person) ADJOURNMENT '' ��ww��.. 4 ttY� �� :iM"�'" �-�.4+�,....�,}are ��', ..� �� •`�'�i 'E `�' COUNCIL MEETING OF COUNCIL MEETING OF JANUAR Y 8, 1986 INFORMATION ITEMS 1. Letter of Resignation - Kenai River Special Management Area Advisory Board - C. Monfor 2. Soldotna Resolution - Suggested changes for Borough Comprehensive Plan 3. Letter, KPB Planning - Comprehensive Plan 4. Billing - M. Tauriainen - Airport Main Apron Extension_- $49185.50 5. Billing - ConstructionUnlimited, Inc. - East Aliak, N. Highbush, Swires, S. Highbush, Bumblebee - $579314o58 6. Application for Committees and Commissions - V. Darrow 7. Memo - Airport Manager Ernst Proposed site of FAA antenna facility 8. Letter, Attorney Rogers to Attorney Robinson - Release of Bond - Churchand.Paxton - Bowling Alley 9. Legal Notice Sale upon execution - City vs. D. Nickel 10. Library Report - December 1985 JW/sw ��n Suggested by: Administration CITY OF KENAI ORDINANCE NO, 1103-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $256, 123 IN THE WATER AND SEWER SPECIAL REVENUE FUND FOR REPAYMENT TO THE GENERAL FUND OF A LOAN MADE IN 1979. WHEREAS, in 1979 the General Fund loaned $400,000 to the Water and Sewer Fund to aid in financing sewer treatment plant improvements; and, WHEREAS, the Council provided that repayment should be over a ten-year period at 5.2.5Q0" interest from future available revenues of the water and sewer system; and, WHEREAS, the City has made such annual payments for the last three fiscal years, resulting in a principal balance owed of $300,664; and, WHEREAS, the Council has now determined that is in the City's best interest to repay the loan in full; and, WHEREAS, additional accrued interest for one-half year amounts to $7,892; and, WHEREAS, the City has already appropriated $52,433 in the 1 985-86 annual budget for the current year's payment, resulting in a need for $256 , 123 of additional monies to repay the loan, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL 'OF THE CITY OF KENAI, ALASKA_, the following increase -in estimated revenues and appropriations be made: 1 Water and Sewer Special Revenue Fund Increase Estimated Revenues : Appropriations of Fund Balance $256 , 123 Increase Appropriations: Sewer Treatment - Transfers $256 , 123 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this eighth day of January, 1986, ATTEST: Janet Whelan, City Clerk Approved by Finance: C4Qa 12/6/85 TOM WAGONER, MAYOR First Reading: Second Reading: Effective Date: December 18, 1985 January 8, 1986 January 8, 1986 2 C-� f Suggested by: Administration CITY OF KENAI ORDINANCE NO, 1104-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APP ROP RI AT I O.NS IN THE 1985-86 "KENAI SENIOR CITIZEN'S PROJECT" BY $909031. WHEREAS, the State of Alaska offered the City of Kenai a grant in the amount of $66 , 598 for the project period January 1, 1986 through June 30, 1986, in order for the State to change its grant period to coincide with its fiscal year; and, WHEREAS, the City's required matching .in -kind consists of $11,753. 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: Kenai Senior Citizen's Project Increase Estimated Revenues: State Grant $66,598 Meal Donations 79200 Ride Donations 480 USDA Cash 49000 Rental (In -Kind) 11 9753 90 031 Increase Appropriations: Access Services: Salaries $13,068 Leave 955 PERS 1,564 ESC 476 Worker's Compensation 578 Health 1,554 Supplemental Retirement 281 Communications 564 Utilities 2 9310 Rent (In -Kind) 59877 Janitorial 300 Repair & Maintenance Supplies 2 9600 $30,127 Congregate Meals: Salaries $14,080 Leave 953 PERS 1,677 ESC 511 Worker's Compensation 608 Health 2,425 Supplemental Retirement 301 Operating Supplies 179600 Repair & Maintenance Supplies 473 Communications 564 Utilities 2 9310 Rent (In -kind) 51876 Janitorial 300 47 , 678 Home Delivered Meals: Salaries $ 49864 Leave 344 PERS 581 ESC 179 Worker's Compensation 212 Health 730 Supplemental Retirement 103 Operating Supplies 49400 Repair & Maintenance Supplies 813 $12,226 90 031 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this eighth day of January, 1986, TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: December 18, 1985 Second Reading: January 8, 1986 Effective Date: January 8, 1986 Approved by Finance: r 4Q 12/11/85 Suggested by: Administration CITY OF KENAI ORDINANCE NO, 1105-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1985-86 "COMMUNITY SERVICE PROGRAM" FUND BY $59638, WHEREAS, the State of Alaska offered the City of Kenai a grant for the project period January 1, 1986 through June 30, 1986, in order for the State to change its grant period to coincide with its fiscal year; and, WHEREAS, the grant to the City of Kenai in the amount of $5,074, which is to be matched with $564 of local in -kind contribution is for personnel services and supplies. 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: Community Service Program Increase Estimated Revenues: State Grant $5,074 � Accounting (In -Kind) 564 5 638 Increase Appropriations: Salaries $4,373 Leave 103 PERS 167 s ESC 51 Worker's Compensation 185 Health 164 Supplemental Retirement 31 Professional Services (In -Kind) 564 5 638 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this eighth day of January, 1986. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: December 18, 1985 Second Reading: January 8, 1986 Effective Date: January 8, 1986 � Approved by Finance: C9a 12/11/85 y air ; t } Suggested by: Administration CITY OF KENAI ORDINANCE NO, 1106-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE "KENAI BOROUGH SENIOR CITIZEN GRANT" FOR FY 85-86 BY $249068, WHEREAS, the Kenai Peninsula Borough has been appropriating monies for Kenai' s Senior Citizen Program, but only partially funded the fiscal year 1985-86 with a grant of $33,518; and WHEREAS, the Kenai Peninsula Borough is now awarding to the City of Kenai an additional $24,068 for the remainder of the fiscal year. 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: Kenai Borough Senior Citizen Grant Increase Estimated Revenues: Borough Grant 24 068 } Increase Appropriations: Salaries $14,906 PERS 1 , 100 Worker's Compensation 644 Printing and Binding 600 Repair and Maintenance Supplies 21548 Janitorial 2,160 Postage 210 Miscellaneous 11900 24 068 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this eighth day of January, 1986. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: December 18, 1985 Second Reading: January 8, 1986 Effective. Date: January 8, 1.986 Approved by Finance: eqQ 12/11/85 r► ' Suggested by: Councilman Wise CITY OF KENAI ORDINANCE NO, 1107-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 7,05,010 BY EXEMPTING PERSONAL PROPERTY FROM TAXATION. WHEREAS, the City Council desires to exempt all personal property in the City from property tax in order to provide tax relief to its citizens; and, WHEREAS, the estimated revenue reduction to the City is $65,000 per year based upon 1.9 mills; and, WHEREAS, it is not the Council's intention to exempt mobile homes or oil related property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: gcani- i nn 1 KMC 7.05.010(a) be amended as follows: 7.05 .010 Property Subject to -Taxation: ( a) All real [AND PERSONAL] property not expressly exempt by law shall be subject to annual taxation at its full and true value based upon the actual value of the property assessed. Mobile homes and trailer houses and oil -related properties are to be treated as real property and subject to taxation. Section 2: The personal property tax exemption caused by, this° ordinance shall be effective beginning with the calendar year 1986 tax le vy . PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this eighth day of January, 1986. TOM WAGONER, MAYOR ATTEST: Janet Whelan , City Clerk First Reading: December 18, 1985 Second Reading: January 8, 1986 Effective Date: February 8, 1986 ..Approved by Finance: � 9� 12/11/85 Y 2'/ 1 Y t SUBSTITUTE 6L Y s 1 Suggested by: Councilman Wise CITY OF KENAI ORDINANCE NO, 1107-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 7.05.010 TO PARTIALLY EXEMPT PERSONAL PROPERTY FROM TAXATION. WHEREAS, the City Council desires to exempt the first $50,000 of personal property from taxation in order to provide tax relief to its citizens; and, WHEREAS, the estimated revenue reduction to the City is $35 , 000 per year based upon 1.9 mills; and, WHEREAS, it is not the Council's intention to exempt mobile homes or oil related property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: SPnt inn 1 KMC 7.05.010(a) be amended as follows: 7.05.010 Property Subject to Taxation: (a) All real [AND PERSONAL] property not expressly exempt by law shall be subject to annual taxation at its full and true value based upon the actual value of the property. assessed. Mobile homes and trailer houses and oil -related properties -are to be treated as real property and subject to full taxation. b All personal ropertnot expressly exempt by law shall be subject to annual taxation at its full and true value less a deduction of 50,000. This exemption shall be based upon the first 50,000 of valuation for any one individual or business entity. Section 2: The partial personal property tax exemption caused by this ordinance shall be effective beginning with the calendar year 1986 tax levy. PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this eighth day of January, 1986, ATTEST: Janet Whelan, City Clerk Approved by Finance: �°RQ 12/11 /85 TOM WAGONER, MAYOR First Reading: December 18, 1985 Second Reading: January 8, 1986 Effective Date: Februar,y 8, 1986 ) 17 - ' 20 66 aL 22 U "=m"I PENINSULA mEwc, ':/4,u,3u� u �� . �� 33�� ' '-�pq D�v1 F'q Fr||rn qVq qo4 71A o 28 ml CARRS 872,786 2,4% 822,786 PACIFIC TELECOM 715907743 71540,743 SUGGESTED -EXEMPTING PERSONAL PROPERTY FROM TAXATION. ABOUT *THE LARGE PAYERS OF PERSONAL PROPERTY ...�..TAX IN THE- CITY::AND. WHETHER OR...:.NOT. A TOTAL— EXEMPT ION WILL HAVE.... THIS LIST IS NOT NECESSARILY THE GENERAL IDEA, TY-% TAXPAYERS CONTRIBUTE ABOUT 55% OF,� TW. .:..TOTAL. .. JOHN SUGGESTED A $507000 EXEMPTION INSTEAD OF A TOTAL EXEMPTION. WITH JUST THESE THIRTY PAYERS, THAT WOULD LEAVE $1813121555 ON THE TAX Ca A, BROWN I L A- t- CITY OF KENAI SUGGESTED BY CITY CLERK ORDINANCE NO. 1108-85 'AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, AMENDING THE KENAI MUNICIPAL CODE FOR THE ADMINISTRATION, MAINTENANCE AND OPERATION OF THE KENAI MUNICIPAL CEMETERY WHEREAS, the City of Kenai has assumed the control of the City cemetery, and WHEREAS, it is necessary that the use -of the cemetery be controlled by established procedures within the Code of the City of Kenai. NOW THEREFORE BE IT ORDAINED THAT THE KENAI MUNICIPAL CODE BE AMENDED BY ADDING A NEW TITLE AS FOLLOWS: TITLE 24 MUNICIPAL CEMETERY Chapters: 24,05 24.10 24.15 24.20 Creation Administration Adoption of Regulations Care of Cemetery Chapter 24.05 AM � r— a T V. A\ 1 24.05.010 Creation 24 .05 .010 Creation: From and after the passage of the ordinance codified is this chapter, the municipal cemetery now owned and operated by the City of Kenai shall be known as the Kenai Municipal Cemetery, and shall be available, subject to the regulations established, to all persons, irrespective of race, creed or color. Chapter 24.10 ADMINISTRATION Sections 24,10,010 Administration 24.10.020 Enforcement 24 . 10 .010 Administration: The City Clerk shall be in charge and have access to plats for the purpose of assigning plots upon request, and have charge of burial records, files and maps which shall be stored by the City of Kenai, The City Clerk shall maintain necessary records, files and maps as required by the State to protect the health and welfare of the community and to ensure continuity in operation. The City Clerk shall assign a plot number to a specific plot in advance of the preparation of a grave whenever an interment or disinterment is to be made. 24 .10 .020 Enforcement: The Parks and Recreation Director or his designated representative shall enforce all cemetery regulations and shall exclude from the cemetery any person violating the cemetery regulations. Chapter 24.15 REGULATIONS Sections 24.15.010 Adoption of Regulations 24.15.010 Adoption of Regulations: The City Clerk, with the assistance of the Cemetery Committee, shall establish regulations for the purchase of plots and use of the cemetery. These regulations shall be effective after approval by the City Council. Amendments to the regulations shall be submitted by theme City Clerk to the City Council for approval. No burials shall bey ithin the citylimits except as set forth in the regulations,f P.; Chapter 24.20 CARE OF CEMETERY Sections 24 , 20 ,010 Maintenance of Cemetery 24.20.020 Operation of Cemetery 24.20.030 Grave Preparation 24.20.010 Maintenance of Cemetery: The City of Kenai is responsible for the appearance of the Kenai Municipal Cemetery. The maintenance of the cemetery shall be accomplished through a program administered by the Parks and Recreation Department. The City of Kenai shall maintain the driveways, gates and fencing of the cemetery and may close access to such facilities in periods of adverse conditions. 24.20.020 Operation of Cemetery: The City of Kenai reserves the right at any time to enlarge, reduce, replat or change the boundaries or grading of the City tracts in the Kenai Municipal Cemetery or any part thereof; to modify or change location of or move or regrade roads, drives or walks, or any part thereof; to lay, maintain and operate or alter or change pipelines or gutters or sprinkling systems, drainage or otherwise. The City of Kenai reserves for itself the perpetual right to ingress and egress over all plots for the purpose of maintenance, operations or any emergency work necessary to the operation of the cemetery. 24 .20 .030 Grave Preparation : All openings, closing , plot preparation, interments, disinterments, marker placement and removals shall be de by the City and under the supervision of the Parks and Recreatio-r,,,#,"'rector or his designated representative. x s PASSED BY THE COU' I 'IL THE CITY OF KENAI ALASKA this 8th day l L4 of January, 1986. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk FIRST READING: SECOND READING: EFFECTIVE DATE: Dec. 18, 1985 Jan. 8, 1986 Feb. 8. 1986 CITY OF KENAI 0 it lod CaPWai 444as4a 210 FIDALGO KENAI, ALASKA 99611 --- TELEPHONE 283 - 7535 MEMORANDUM TO: Council FROM: Janet Whelan, City Clerk DATE: January 2, 1986 SUBJECT: ORDINANCE 1108-85, AMENDMENT Page 3, I would request an amendment after Section 24.20.030 as follows: Resolution 85-109 is hereby repealed. JW/sw �1 sow, i Suggested by City Clerk CITY OF KENAI RESOLUTION N0. 86-1 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA DESIGNATING A DEPUTY CITY CLERK TO ACT IN THE TEMPORARY ABSENCE OF THE CITY CLERK. WHEREAS, KMC 1 , 25 .030 provides that the City Council, by resolution, shall designate an employee who will serve as Deputy City Clerk in the temporary absence of the City Clerk. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that in the event of the temporary absence of the office of City Clerk, the Legal Secretary is hereby designated as the Deputy City Clerk to perform all of the duties of the City Clerk. BE IT FURTHER RESOLVED that Resolution 82-62, dated September 1, 1982 is hereby rescinded PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 8th .day of January, 1986. i TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk f C C. L CITY OF KENAI RESOLUTION NO, 82-62 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKAS DESIGNATING A DEPUTY CITY CLERK TO ACT IN THE ABSENCE OR INCAPACITY OF THE CITY CLERK, WHEREAS, KMC 1.25.03 0 provides that the City Council, b resolution, shall designate an y _ g employee who will serve as Deputy City Clerk in the absence, incapacity, or unavailabilityof the City Clerk. NOWF THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that in the event of a vacancy of the office of City Clerk, or in the event the City Clerk is not available to perform the duties of the office because of illness or other incapacity, being out of town on official business, being on annual leave, or being unavailable for any other reason, Mar Ann Dore is hereby designated as y . Y 9 the Deputy City Clerk to perform all of the duties of the City Clerk during such vacancy, absence incapacity,or unavailability, y pity. PASSED BY THE COUNCIL OF THE CITY OF KENAI, of September. 19 82 . V I NCENT O' RE I LLY, OR ATTEST: Janet Whelan, City Clerk i ALASKA, this 1st day CITY OF KENAI 0 �od Cap4;tIai 4 "4a 210 FIDALGO KENAI, ALASKA 99611 -- TELEPHONE 283 - 7535 December 23, 1985 MEMORANDUM T 0 : Kenai City Council as FROM: Charles A. Brown, Finance Director RE : Assessment Petition , Dena' ina Point Estates On 12-10-85, the City received an assessment petition from Dena'ina Point Associates, a partnership, for roads, water, sewer and other improvements in Dena' ina Point Estates, Tracts A-1 through A-5 . (See Exhibit A) The first thing that should be noted is that the petitioners have asked for the assessment district to be established in Dena'ina Point Estates No. 2, whi.ch is a preliminary plat of a resubdivision of the above -mentioned Tracts A-1 through A-4. Assessments are liens against real properties. The City cannot establish the district in properties that do not legally exist. Therefore, if a district is formed, it must be in the property that is final platted and recorded. At this point , that is as stated in the first paragraph above. Another important point is that the petitioners have requested that costs be allocated on a square footage basis and that all of A-1, A-2, A-3, A-4 and A-5 be considered as a whole when computing the assessment rate. KMC 16 .05 . 100 sets out the follo wing guidance: "Except as otherwise provided by law, ordinance, or by Council -approved policy for a particular local improvement district, costs will be allocated on a square footage basis extending one lot deep adjacent to improvements in subdivided areas, midway between streets up to 150 feet of depth in unsubdivided residential areas, and up to 300 feet of depth in unsubdivided commercial and industrial areas." While Council has the option 'of choosing any allocation method it deems appropriate, the usual method here would be one lot deep in subdivided areas and 150 feet deep in unsubdivided areas.' Again, all of this is unsubdivided . Go to Exhibit B and study the effect of their request. The first example is what they requested. Because Tract A-5 (owned by the City) is so large, the City would pay for about 35°0 of the improvements. Simply stated, this is because City property 300 or 400 feet away from any improvements would be charged at the same rate as land immediately adjacent to the improvements. The 150 foot rule, I assume, was made to control just this situation. The second example on Exhibit B is the effect of following the 150 foot rule. The City pays about 18°0 . Exhibit C is informational only. It shows the cost allocation both ways, but. assuming Tracts A-1 through A-4 were subdivided. The first set of columns is with not using the 150 foot rule (what they requested); the second set of columns is with using the 150 foot rule. I had the Legal Department review the petition and the partnership agreement. It appears that David B. Brown does have the authority of the other partners to act for them in signing the petition. Subsequent to the receipt of the petition, I received an amendment, also signed by David B. Brown, waiving the 250 limitation referred to in KMC 16.05.0104, The Public Works Department has given me cost estimates for all of the assessable work of $1,106.,000, Based upon my review of the City Code and the figures relating to the various methods of cost allocation, I recommend that the Council approve the Preliminary Assessment Roll that is shown as Exhibit D, attached. This roll is based upon assessable area using th-e 150 foot rule. This is not what the petitioners requested. All the partners of Dena' ina Point Associates will receive a copy of this memo to inform them of this recommendation. They will also, of course, be notified of all public hearing dates. The recommendation to use this method is based upon: �. This is the usual method outlined in the Code. I have heard no convincing reasons to make an exception. 2. Using the method requested by the petitioners results in the City paying more than one-third of the costs (excluding electrical, gas and telephone that will not be part of the assessment district). I believe it is unreasonable to say that the City lot A-5 will receive one-third of the benefit of these improvements. 4 The Council should be aware that, in all likelihood, the petitioners will protest the allocation method I am recommending. The City Manager is in full agreement with me that the method the petitioners have requested is unfair to the City and its taxpayers, and would directly subsidize the developers, Financing of this district, if approved, would be from bonds authorized but not issued. The City has available $1 , 150 , 000 of such authorization. The City could sell bonds to finance all of the assessable costs, including those to be paid by the City. The Administration knows of no grant funds available. The scope of the project would be as requested, which is also as designed by McLane and Associates. All costs would be assessed. Below .is a tentative schedule of how we could proceed, Manager Report 1-8-86 Preliminary Assessment Roll 1-8-86 Resolution setting hearing for 2-5-86 1-8-86 Advertising 1-17-86 Advertising 1-23-86 Advertising 1-28-86 Advertising 2-3-86 Individual notices 1-14-86 Introduce Finance Ordinance 1-22-86 Hearing and Resolution, and Finance Ordinance 2-5-86 Since the City is theowner of Tract A-5 , the City should request participation 'in the district and waive the 25°0 limitation. Therefore, the Council should adopt the following motion at the January 8, 1986 meeting: "Move that the City, as a property owner,. participate in the proposed Dena' ina Point Estates assessment district. In addition, the City waives the 25 0 limitation and agrees to accept on a proportional basis 1OOo of the costs of the .improvements." Exh;6�t fJ SPECIAL ASSESSMENT PETITION ro vc� DENA'INA POINT ESTATES NO. 2 and TRACT A-5 DENA'INA POINT ASSOCIATES DECEMBER 10, 1985 Dena'Ina Point Associates 10819 Spur Highway Suite 340 Kenai, AK 99611 December 10, 1985 Ms. Janet Whelan City Clerk City of Kenai 210 Fedaigo Street Kenai, AK 99611 Dear Ms. Whelan: We respectfully submit our Special Assessment Petition along with requested documentation to establish an assessment district in Dena'Ina Point Estates No. 2 and Tract A-5. We request this petition be placed on the Council agenda for consideration during the upcoming December 18, 1985 meeting. Sincerely, David B. Brown Managing Partner DBB/mrk Attachment SPECIAL ASSESSMENT PETITION We, the undersigned property owners, desire the City of Kenai to establish an assessment district in Dena'Ina Point Estates No. 2. A resubdivision of Tracts A-1, A-2, A-3, A-4 Dena'Ina Point Estates. Located within the NWa NW4 Section 36 T6N R12W S.M., AK., and the City of Kenai.. Also, i n.ci uded in this District would be Tract A-5 designated by the City of Kenai as property set aside for public use. Our requested improvements are in accordance with the City of Kenai Title 16.05.060 Authorized Capital Improvements: 1. Streets, street lighting, curbs, gutters, driveways, curb cuts, and sidewalks; 2. Storm sewers, drains; 3. Sanitary sewers, including interceptors, collectors, laterals, and sewer service connections; 4. Water supply systems, including water mains, water • di stri buti on lines, water service connections, and f i re hydrants . All of the above improvements would.be in accordance with the attached set of drawings, engineered and designed by McLane & Associates, Inc. In addition, the resubdi vi ded lots would be in accordance with -the attached preliminary plat approved by the Kenai Peninsula Borough Plat Committee on November 18, 1985. As a provision of Title 16.05'.100 Method of Assessment,, we request • Council approval that cost will be allocated on a square footage basis and that all of A-1, A-2, A-3, A-4, A-5 be considered as a whole when computing the assessment rate. Executed by the parties hereto on the dates set forth by the signatures. i Date ATTESTED: Janet Whelan City Clerk 4ate CITY: City of Kenai BY: Wm. J. Brighton City Manager OWNER: Dena'Ina Point Associates An A n General Partnership BY . avid B. Brown Managing Partner G � • DENA' INA POINT 'STATES SUBDIVISION • 1 (V I — 2 3 24 1 19 1 20 21 202 1 j J � 25- 291 _ 30 - I �kenos City L.rn:ts I i THIS 36 31 32 3 3 PLAT �,�,,i•: y ) I 34 76 0 T5N 1 •. 4 3 �`� ''.'�, •� , ��r4 t. :)rP fin. • f ' 1 1� V I C I I •T Y r-.rl Q P .• SCALE ;� = I .N+I!,� a r, w SAD IYA DRIVE 6U- N. Uyi. - TRAC ► A 2 4. 6 8 6 AC. j • �'� DRIVE 80 R. 0 W. / S 33'OS'20-E 477.71 - L = cj 7- 01 �•� •. o, TRACT A 3 =•� RAC a A - 5 CIO 9.630 AC. / •� 100, d1 �s �� BACH RIVE 60 R.O.V.PIN Ci 1 �9 -_ C3 S 33.0920-E 3'9.t? c S TRACT A 4 r 1 -................ — -.............1 = a f �` -•� s � i I : t flu , i I �� ■ OM . _ { z ...r. 3 r'Q.} - t �• o s F= � i,. f .•4.I � j 1 (ff{ t ; ii i 1 t i { t Lr- � Li � � � L.:. ♦i .tt � } • �,% i a rn • t ji f V� ; Z-e i•� i �ir � :�. �• I i . r is •� .ts ,.� .� s � I[ >:fc. :`•% ot ro Co 11.,� CO � L r I •. NO t.-t. •� ,� Co- Lin --i i N1 �` ; { .`�• j i �I•..i ro y v ' o { rid 0� a) t i ,0 {•� a 6.41 o10 2 Q 0w X I j , TEMP9 AS REQUEGTED AS REQUESTED USING 15O' RULE - TRACT LOT- SIZE --' -% —�lCr ! --'-------- ---'—l��ZE— — - S-r--- *— 18 6 . 7 8,6OO 2.1% 2�,J32 18'6OO J. 6% z�'�� 18'6OO 2^1% �o'u�c 23032 A-1 A-1 5 18'6OO 1^6% !/,��u 18,6OO 2.1% 23,O32 -- -- 6 18'6OO , 1^6% , �/,�� 18 6OO 2�i SU8TOTAL 13O,2OO 11.O% 121,995 130,200 14.6% 161,225 ---7��2-------------3— A. 1.5 I in rn ID H—%n 7 u 1806 2;60-0 1.: 4% 15,602 CI 0 17,336 Zj 2 3- SUBTOTAL 257,4OO 21.8% 241,18O 2579400 28.8% 31B6 A-5 419 483 35 5% 393 O49 132 268 14 8% 163 786 GRAND TOTAL 1,18O,383 1OO.O% 191064000 893,168 100.0% 19106,000 c / tox PRELI11INARY ROLL PRELIMINARY DENA " INA RO I N C- AS S 0 C I ATES', .*l•'R a A1. 043--� } 1 s-0 I 156, 1 b r� C f ...r am 1 ! 1 6 Q 4 4 CITY OF KENAI �R a A-5 043-012-0f .198 435 -: 'TOTAL �' — :l 106 000 COSTS AND THE R J=3.a0R ED PLAT I- AS' OF THE Dm l-E OF F I NAl— A S E� ME N TFINAL OST'S WILL E SPREAD BASED UPON h%'M C 1. C." 5, 10 0 1,'r'AAI IS, n AND FEET DEEP IN UNSUBDIVIDE') U. D AR EMU Cr ' r Suggested by: Administration CITY OF KENAI RESOLUTION NO, 86-2 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SETTING A DATE OF PUBLIC HEARING ON THE PROPOSED DENA'INA POINT ESTATES ASSESSMENT DISTRICT. WHEREAS, the City has been petitioned to establish an assessment district for paving, drainage, water, sewer, and other improvements in Dena'ina Point estates, Tracts A-1 through A-5; and , WHEREAS, the City must hold a public hearing to allow comment on the proposed assessment district before proceeding with the project . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that a public hearing be held on February 5, 1986 at the regular Council Meeting of the City of Kenai for the purpose of discussion of a proposed assessment district in Dena' ina Point Estates. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this eighth day of January, 1986, Tom Wagoner, Mayor ATTEST: Janet Whelan, City Clerk Approved by Finance: e-e,-4 12/19/85 Suggested by: Administration CITY OF KENAI RESOLUTION NO, 86-3 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A GRANT IN THE AMOUNT OF $2,344 FROM THE STATE OF ALASKA FOR PARTIAL FINANCING OF THE KENAI AIRPORT MASTER PLAN UPDATE. WHEREAS, the State of Alaska has offered the City of Kenai, Alaska a grant in the amount of $2,344 to help pay for the Kenai Airport Master Plan Update, and WHEREAS, the State has required that the City Council enact a resolution accepting the grant, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City accept the attached grant agreement with the State of Alaska, and that the City Manager be authorized to sign the agreement, PASSED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA this 8th day of January, 1986 0 Tom Wagoner , Mayor ATTEST: 'Jan -et Whelan, City Clerk Approved by Finance: STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES MASTER PLAN GRANT AGREEMENT The State of Alaska, Department of Transportation & Public Facilities, hereinafter referred to as the "State", and the City of -Kenai , a municipal corporation, hereinafter referred to as the Municipality," agree as follows: 1. Pursuant to Alaska Statute 02.15.120,- the State will grant matching funds to the Municipality for a federal aid project to update the Airport Master Plan at the Kenai Airport, hereinafter called the airport 2. Until the airport and its facilities are abandoned, the Municipality agrees that the airport and its facilities will at all times be maintained as, available for the use of, and acces- sible to the general public as a public airport. The Municipality must have a satisfactory title interest in the airport as required by the Federal Aviation Administration (FAA). 3. The State will match Municipality funds up to a contri- bution by the State of 3.125 percent of the federal aid project costs found eligible for participation by the FAA or the maximum state grant amount of $ 2,344.00 4. The State will pay the matching funds in two or more installments. The State will make the first payment after receipt of a copy of the grant agreement signed by the FAA and the Municipality. The first payment must be 50 percent of the maximum state grant amount. In its discretion, the State may make additional payments up to 90 percent of the maximum State grant amount. The State will make the final payment after the Municipality submits a copy of the FAA's audit and final grant payment voucher. The final payment must be the amount remaining for payment by the state of the 3.125 percent of the federal aid project costs found eligible by the FAA or the remaining 50 percent of the maximum state grant amount described in paragraph three of this agreement, whichever is less. 5. The Municipality will indemnify, hold harmless, and defend the State from any claim, action, expense, or liability, including costs and attorneys fees, from damage or injury to any person or property caused by, arising out of, or in any way connected with any act, omission, use, occupancy, or operation of the Municipality, its agents, or employees under this agreement, including any caused or alleged to be caused in whole or in part by the negligence of the State, its agents, or employees. 6. This agreement may only be amended in a writing signed by the authorized representatives of the State and the Municipal- ity. Statements previously made, verbal or written, are merged in this agreement. This agreement may not be assigned by the Municipality without the advance written consent of the State. 7. This agreement expires five years after the effective date of this agreement if the Municipality has not submitted the FAA audit and final grant payment voucher to the State. The State and the Municipality may extend this agreement by mutual consent. 8. This agreement is of no effect until the governing body of the Municipality has enacted a resolution to enter into this agreement and this agreement has been signed by the authorized representatives of both the State and the Municipality. Municipality State of Alaska, Department of Transportation and Public Facilities By: By: Title: Title: ACKNOWLEDGMENT BY MUNICIPALITY STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) On this day of 198 personally appeared "before me the ,mown to me to be of the who ac now a ge that _ e a the authority--andfreely an vo untar3 y signed the foregoing agreement for the purposes set forth, Notary Public in and for the State of Alaska. My Commission expires ACKNOWLEDGMENT BY STATE OF ALASKA STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) On this day of 198 personally apptheeared before me ,mown to me to be of the Department of Transportation and public Facilities of the State of Alaska, who acknowledged that he had the authority and freely and voluntarily signed the foregoing agreement for the purposes set forth. Notary-P—ublic in and for the State of Alaska. My Commission expires -2- elll SHEFFIELD, GO,E,tt" DEPARTM,ENT OF REVENUE 550 W. 7th Avenue ALCOHOLIC BEVERAGE GbNTROL BOARD Anchorage, Alaska 99501 December 16, 1985 Janet Whelan, Clerk City of Kenai 210 Fidal go Kenai, Alaska 99611 Dear Ms. Whelan: We are in receipt of the following application(s) for renewal liquor license(s) within the You are being notified as required by AS 04.11320. CLUB LICENSE PENINSULA MOOSE LODGE #1942 �P� s 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 04.11.510(b), the board will notify t-he 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 15 AAC 104.145(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. Scerely, Betty�L. Calhoon Records & Licensing Supervisor (907) 277-8638 \) '�4' � KENAI -PENINSULA BOROUGH p� BOX 850 SOLDOTNA, ALASKA 99669 PHONE 262-4441 December 19, 1985 City of Kenai Atten: Janet Whelan 210 Fidalgo Kenai, AK 99611 RE: 1986 Liquor License Renewal Application for: Peninsula Moose Lodge #1942, Club Lic, C3 ci r STAN THOMPSON MAYOR Dear Janet: Please be advised that the Kenai Peninsula Borough has no recommendation for protest of the above noted liquor license based upon unpaid taxes. All sales taxes due through the period ending 9/85 have been paid in full as of this date. The business personal property tax account for this business is current through the tax year 1985, Thank you for your cooperation in this matter. Sincerely, Pamela A. McKee Delinquent Acct. Techn. or &Ulk U&M, La� Ns DEPARTMENT OF REVENUE ALLYAADLICBEVERAGE LUMfdpL BOARD Janet Whelan, Clerk City of KEnai 210 Fi dal go Kenai, AK 99611 Dear Ms. Whelan: BILL SHFFr,«, uowmm 550 W. 7th Avenue Anchorage, Alaska 99501 December 11, 1985 We are in receipt of the following application(s) for renewal liquor license(s) within the City of Kenai You are being notified as required by AS 04-11.5200 PACKAGE STORE LICENSE EADIE'S FRONTIER LIQUORS BEVERAGE DISPENSARY LICENSE EADIE'S FRONTIER CLUB C' 1'j 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 04.11.510(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 CODE 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 15 AAC 104.145(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 O4.11.3109 if applicable, a notice is also being provided to the appropriate community council within your municipality. S' cerely, i Betty�L-. Calhoon Records & Licensing Supervisor (907) 277-8638 e KENAI PENINSULA BOROUGH C1 BOX 850 - SOLDOTNA, ALASKA 99669 PHONE 262-4441 December 19 , 1985 1� t r' City of Kenai Atten : Janet Whelan `` `' 210 F id a lg o.,.. - Kenai, AK 99611 RE: 1986 Liquor License Renewal Application for: Eadies Frontier Club, Bev. Di sp. & Pkg . Store Dear Janet: STAN THOMPSON MAYOR Please be advised that the Kenai Peninsula Borough has no recommendation for protest of the above noted liquor license based upon unpaid taxes. All sales taxes due through the period ending 9/85 have been paid in full as of this date. The business personal property tax account for this business is current through the tax year 1985, Thank you for your cooperation in this matter, Sincerely, Pamela A. McKee Delinquent Acct. Techn. n ;z &lt SHEFFIELD, GOVERNOR , i DEPARTMENT OF REVENUE 550 W. 7th Avenue ALCOqOL/CBEVERAGEGnNT19nL BOARD Anchorage, Alaska 99501 December 26, 1985 Janet Whelan, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms. Whelan: �22 23 24 �5 r c'I41 We are in receipt of the following application(s) for renewal liquor license(s) within the City of Kenai You are being notified as required by AS 04.11.520. PACKAGE STORE LICENSE OAKEN KEG #58 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 04.11.510(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 CODE 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 15 AAC 104.145(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, i Bettq�L. Calhoon Records & Licensing Supervisor (907) 277-8638 OC�S11A1 PENINSULA aCPCUGH 8 t C. '.'r December 31, 1985 City of Kenai Atten : Janet Whelan 210 Fidalgo Kenai, AK 99611 BOX 850 - SOLDOTNA. ALASKA 99669 PHONE 262-4441 RE: 1986 Liquor License Renewal Applications for: Italian Gardens, Restaurant/Eating Place z,:Carr's Oaken Keg, Package Store Dear Janet: STAN THOMPSON MAYOR Please be advised that the Kenai Peninsula Borough has no recommendation for protest of the above noted liquor licenses based upon unpaid taxes. All sales taxes due through the period ending 9/85 have been paid in full as of this date. The business personal property tax accounts for these businesses are current through the tax year 1985, Thank you for your cooperation in this matter, Sincerely, Pamela A. McKee Delinquent Acct. Techn . &U SHEFFIELD, GOVERNOR t DEPARTMENT OF REVENUE 550 W. 7th Avenue ALGY71HnL/CBEVERAGEMWROLBOA R0 Anchorage, Alaska 99501 December 20, 1985 Janet Whelan, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms. Whelan: We are in receipt of the following application(s) for renewal liquor license(s) within the City of Kenai You are being notified as required by AS O4.11.520. RESTAURANT/EATING PLACE LICENSE ITALIAN GARDENS PIZZA PARADISOS • t 3 I J4,.; �t (S' \ �- �?> - s- U 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 04.11.510(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 15 AAC 104.145(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' kcely, Betty�L. Calhoon Records & Licensing Supervisor (907) 277-8638 � B ,JC IJ' KENAI PENINSULA SCROUGH December 31, 1985 City of Kenai Atten : Janet Whelan 210 F ida lgo Kenai, AK 99611 BOX 850 - SOLOOT NA. ALASKA 99669 PHONE 262-4441 RE: 1986 Liquor License Renewal Applications for: Ital ian Gardens, Restaurant/Eating Place Carr ' s Oaken Keg, Package Store Dear Janet: STAN THOMPSON MAYOR Please be advised that the Kenai Peninsula Borough has no recommendation for protest of the above noted liquor licenses based upon unpaid taxes. All sales taxes due through the period ending 9/85 have been paid in full as of this date. The business personal property tax accounts for these businesses are current through the tax year 1985, Thank you for your cooperation in this matter, Sincerely, Pamela A* McKee Delinquent Acct. Techn . QILL SHEFf1ELD, GOVERNOR DEPARTM.,,ENT OF REVENUE 550 W. 7th Avenue ALGbhOUCBEVERAGE GO/VTRpL BGZgRO Anchorage , Alaska 99501 December 17, 1985 Janet Whelan, Clerk City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Ms. Whelan: We are in receipt of the following application(s) for renewal liquor license(s) within the City of Kenai being notified as required by AS O4.11.520. BEVERAGE DISPENSARY LICENSE LARRY ` S CLUB You are 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 04.11.510(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 15 AAC 104.145(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 04.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in mind in responding to this notice. Under AS O4.11.3109 if applicable, a notice is also being provided to the appropriate community council within your municipality. S' cerely, % 10' BettyF Calhoon Records & Licensing Supervisor (907) 277-8638 i AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 18, 1985 - 7 : 00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk O are considered to be routine and non -controversial by the Council and will be approved by one motion. -There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders, B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 minutes maximum) C. PUBLIC HEARINGS 1-. Ord. 1094-85 - Amending Zoning Code —Landscape Regulations 2 . Ord. 1100-85 - Amending Zoning Map - Lawton Acres 3. Ord. 1101-85 - Amending KMC - Lessee of Airport Lands Must Lease for Two Years Before Purchase 4. Ord. 1102-85 - Increas. Rev/Appns - Repay FAA and State for Prior Grant Reimbursements 5. Res. 85-112 - Transfer of Funds - S.r.:. Citizens, State Grant - $29740 & $39480 6. Res. 85-113 ' . Transfer of funds - Shop Overtime $29000 7 . Res. 85-1 14:. - Confirming Assessment Roll and Fixing Payment - Sprucewood Glen S/D ,8. *Application for New Liquor License - Mr. D 9. *Application for Liquor License Renewal - Uptown - VIP, Back Door Kenai Joe's 10. Application for Liquor License Renewal The Rig D. MINUTES 1 . *Regular Meeting, December 4, 1985 E. CORRESPONDENCE 1. *Soldotna Mayor Farnsworth - Letter to Borough Mayor Regarding Sales Tax 2. AK Safety Belt Use Coalition - Request for Ordinance Regarding Safety Belts 3. *Ginny Chitwood & Co. - National League of Cities Meeting in Seattle 4. *Alaska DNR - Boating Rules of Kenai River, Recommended by Kenai River Special Management Area 5. Juneau Mayor Polley - Budget Cuts for U.S. Coast Guard F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3 . *Ord. 1 103-85 - Increas. Rev/Appns - Water & Sewer Special Fund, Repayment to General Fund of Loan 4. *Ord. 1 104-85 - Increas. Rev/Appns - Senior Citizens State Grant - $909031 5 : *Ord. 1 105-85 - Increas. Rev/Appns - Senior Citizens State Grant - $59638 6. *Ord. 1106-85 - Increas. Rev/Appns - Senior Citizens Borough Grant.- $249 068 7. *Ord. 1107-85 - Amending KMC - Exempt Personal Property from Taxation 8. *Ord, 1 108-85 - Amending KMC and Adding Title 24 - Cemetery 9. Approval - Vacation, Utility Easement - Valhalla S/D 10. Discussion - Airport Insurance 11. Approval - Shore Fishery Lease - F. Canady 12. 'Discussion - Lease Agreement - R. Kochanuski - FBO S/ D H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 minutes maximum) ADJOURNMENT KENAI CITY COUNCIL, REGULAR MEETING, MINUTES DECEMBER 18 , 1985 , 7 :00 PM KENAI CITY HALL MAYOR TOM WAGONER PRESIDING PLEDGE OFF ALLEGIANCE A. ROLL CALL Present: Chris Monfor, John Wise, Tom Wagoner, Tom Ackerly, Sally Bailie, Jess Hall Absent Ray Measles (arrived late) A-1 Agenda Approval a. Mayor Wagoner noted, the date of passage on item C-4, Ord. 1102-85 will be corrected. A motion is not necessary. b . Mayor Wagoner asked that item C-10 , Liquor License Renewal - The Rig, be added to the Consent Agenda. co Mayor Wagoner asked that the PO for $1520 for Merit Inn, distributed this date, be added to item G-2, Requisitions Exceeding $1 9000,o Council approved the agenda as amended. A-2 Consent Agenda MOTION: Councilman Hull moved, seconded by Councilwoman Bailie, to approve the Consent Agenda as submitted. Motion passed by unanimous consent. B. PERSONS PRESENTSCHEDULED TO BE HEARD None C. 'PUBLIC' HEARINGS C-1 Ord. 109.4-85 Amending Zoning . Code Landscape Regs MOTION: Councilman Hall moved, seconded by Councilman Ackerly, to adopt the ordinance. MOTION, Amendment: Councilman Hall moved, seconded by Councilwoman Bailie, to amend the motion to substitute ord. 1094-85, as submitted. VOTE, Amendment : KENAI CITY COUNCIL DECEMBER 18, 1985 PAGE 2 Motion passed by unanimous consent. PUBLIC COMMENT: a. Woody Cole, 608 Bridge Access Rd., Kenai, member of the Landscape Board. They have covered the problems they had. They have met with Building Inspector Hackney. COUNCILMAN MEASLES ARRIVED AT THIS TIME (7:10 PM) b. Carmen Gintoli, Architect, Kenai. He was concerned with the cutting of trees on right-of-way. He would like that to be part of the ordinance. Atty. Rogers explained, there is State statute to cover this. Councilman Hall noted, there is still the possibility of single family dwellings in commercial zones that would need to go before the Landscape Bd. VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. C-2 Ord. 1100-85 - Amending Zoning Map - Lawton Acres MOTION: Councilman Measles moved, seconded by Councilman Wise, to adopt the ordinance. PUBLIC COMMENT: a. Bob Nath, ERA Property World, Kenai. Since he initiated the amendment on behalf of Pizza Hut, it has appeared before P&Z 2 times and Council 3 times. The opposition has 3 concerns: 1) the need for a buffer zone, 2) a request to restrict traffic increase on Lawton, 3) deterioration of the area due to business. Regarding #3 , whatever deterioration will start, has been done. 3 of the 4 corners have been taken. Regarding #2 , at a meeting of residents of the area and the manager of Pizza Huts, these 3 concerns and one more (the difference between what a developer says and what he does) were discussed. The suggestion was for a buffer zone to be built, the manager agreed. There would be a 10 ft. green belt, plus a 13 ft. area next to it, for a total of 23 ft. of buffer zone. Federal Revenue sharing is down. As loss of income increases, there will be pressure for general commercial here. We have an opportunity to decide the best use at this time. There was not enough time for polling all the citizens, but the results he had were gratifying. He had 375 signatures requesting rezoning. Councilwoman Bailie asked if he was aware of the fact that if Council rezones and it goes out to bid, there is no r KENAI CITY COUNCIL DECEMBER 18, 1985 PAGE 3 � guarantee Pizza Hut will be high bidder. Mr. Nath replied t he disagreed with that. Mayor Wagoner decl ared the item out of order, as it did not relate to 9 the rezoning. Councilwoman Bailie objected, explaining t he rezoninghearing is based on the premise that Pizza Hut may go in. Atty. Rogers explained, his Nov. 19 memo relates to no preference and no commission. The City t would be initiating to sell to preclude sale. Mr. Nath re lied after that letter, Pizza Hut asked to P procedures for 1 st right of pay. They followed all pro refusal. Atty. Rogers suggested Council use caution in their decision as there may be litigation Mr . Nath replied it would be brought to Council if there was any question. b. Howard Hackne , Kenai. 375 names out of a total of 6,000 people is not overwhelming. The buffer strip on Walker is HEA and the 7-1 1 store. The fire Wa r gone ' t the s school on Lawton Acres is gone bu of is still p there. It is a only a matter of time before someone has to have the last piece down there. There are many areas in the City that have not been touched. We have had an individual from Soldotna and 2 from Anchorage say the area should be commercial. Where does the man fro m Kenai come in on this? The Council is supposed to resent him. The people in Valhalla and the people rep � d the prop osed trailer court have told the Council around p p the Y do not want commercial in their area. Council shold' listen to theme c . Susan Smalley, Beaver Loop Rd . , Kenai. There are people le that do not live in the area that are concerned* It is one of the -few areas that could be used for a bike trail. She did not want it to stay conservation, it should 90 forward.. Anchorage had to buy back land for green belt. If we had to buy back land it would have - to be used for ball fields; there are no trees left. d. Karen Dorcas, Kenai.: She was speaking for Cheryl SamP les' and herself. They went through the area and got 130 sign'atures in 3-4.hours opposing this. She did not know if the Pizza Hut petition was in favor of rezoning or in favor of a Pizza Hut. She had heard people le were hired to get petitions for Pizza Hut, theirs was voluntary. e. Randy Cole Kenai. P&Z has turned this down 2 times, turned this down Beautification Landscape Bd . has � Com mittee has turned this down. They are not talking ab out Pizza Hut, but rezoning. The Landscape Bd. is 1 in to do something creative we can all enjoy. To trying trying change this is going against what they are to Y ing do* There are other places available. One asked Pizza Hu t to give them an offer. Pizza Hut did not reply. KENAI CITY COUNCIL DECEMBER 18, 1985 PAGE 4 It is also the idea of another pizza hut. There is a time to create an area we cannot touch. In most cities they have to buy back a green belt, we have a chance to have one now. f. Jerry R. Carlson, Kenai. Council voted this conservation zone 1-1/2 yrs. ago. The same people were on the Council. He did not know why they would change, The area needs to be preserved, along with other areas. People have made mistakes in the States over development. g. Cheryl Main, 207 Walker, Kenai. The neighborhood is just starting to improve. She asked Council, what if this was their neighborhood? Some say they could just sell, but a lot of people cannot do that. h. Bill Osborne, Inlet View S/D, Kenai. Mrs. Main has to worry about increased traffic in Lawton, as she is expecting a child. Regarding the green belt, the residents have had a concern and asked to keep this. Other areas in California have found the wisdom of conservation areas. He asked, how many people would want to live near a pizza hut? There is nothing magic to having it there. People would go to it no matter where it is. i . Don Oberg Kenai. He has used the area for ecological study at the high school. It is not big but it has wild areas. He is not asking for no development in the future, he does not know what it will be like in the future. To decide to rezone now is poor economics. It may be worth more in the future. We should not worry about the big bucks, but the quality of life. People have bought property there with the conservation area in mind. j . Jerry Hansen, Kenai. There is other land available. He would like to see us hold onto this land. If people from 'Kenai went to Anchorage and asked to build on their green strip, they would be laughed out of town. k. Jerry D. Carlson, Kenai. Mr. Nath referred to the other 3 corners that are developed. Why should we give up the 4th? There is no reason to change this now, maybe 20 years from now. 1. Lloyd Carey, Kenai. If Pizza Hut goes in, he stands to lose more than anyone else. His house has a 4 plex around it. He could not sell with the Pizza Hut there also. He has asked to leave it conservation. 375 signatures is not much on the petition. This may be prime commercial, but the people have asked for conservation. KENAI CITY COUNCIL DECEMBER 18, 1985 PAGE 5 m. Father Targonsky, Russian Orthodox Church. He suggested Pizza Hit be put someplace else such as Fred Meyer. 'He was told it would be more expensive someplace else. There are a lot of vacant areas. The City is showing favoritism by giving it to him cheaper. That is unfair. n. C.E. Wallingford, Kenai. From the testimony it should be obvious they do not want it. Pizza Hut could build someplace else. A lot could be done with this land, leave it alone until then. If Pizza Hut moves in they will want a beer and wine license. Schools and churches are near. o. Wanda Carlson, Kenai. She does not want businesses near her home. They need a buffer between them and the .businesses. p. Tommy Thompson, Inlet View. He noted Mr. Carey (testimony 11111 ) could lose much money. I f Pizza Hut had the zoning changed, a used car lot could be put in there. Neither Mr. Nath nor the City is willing to stand the loss in value (to the residents). One person who had been asked to sign the petition was told it was next to Craycroft. Councilwoman' Bailie suggested creating a new zone for this type of area and require a vote of the people to change. VOTE: (Failed) : Motion failed unanimously by roll call vote. C-3 Ord. 1101-85 Amending KMC - Lessee of Airport Lands Must Lease for Two Years Before Purchase, MOTION: Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the ordinance. There was no public comment. Councilman Hall requested, if this passes, a report from Administration in six months regarding relations with FAA. VOTE: (Failed): Yes - Measles, Ackerly, Bailie No - Mon for , Wise, Wagoner, Hall C-4 Ord 1102-85 - Increas. Rev/Appns - Repay FAA and State for Prior Grant Reimbursements. KENAI CITY COUNCIL DECEMBER 18, 1985 PAGE 6 MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. The motion passed unanimously by roll call vote. Council requested Administration prepare a policy statement on grant administration. C-5 Resolution 85-112 - Transfer of Funds - Senior Citizens, State Grant - $2,740 and $3,480. MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-6 Resolution 85-113 - Transfer of funds - Shop overtime $290000 MOTION: Councilman Ackerly moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. Public Works Director Kornelis reported the positions have been filled. C-7 Resolution 85-114 - Confirming Assessment Rolls and Fixing Payment - Sprucewood Glen Subdivision. MOTION: Councilman Hall moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Finance Director Brown reported all those concerned have been sent certified letters; Clerk Whelan has not received any objections. Motion passed by unanimous consent. KENAI CITY COUNCIL DECEMBER 18, 1985 PAGE 7 C-8 Application for New Liquor License - Mr. D. C-9 Application for Liquor License Renewal - Uptown - VIP, Back Door, P C-10 Application for Liquor License Renewal - The Rig, Approved by Consent Agenda. .D. MINUTES D-1 Regular Meeting, December 4, 1985. Approved by Consent Agenda, E. CORRESPONDENCE E-1 Soldotna Mayor Farnsworth - Letter to Borough Mayor Regarding Sales Tax, Approved by Consent Agenda, E-2 Alaska Safety Belt Coalition - Request For and Regarding Safety Belts, Council agreed to take no action. E-3 Ginny Chitwood and Company - National League of Cities Meeting in Seattle. E-4 Alaska DNR - Boating Rules of Kenai River, Recommended by Kenai River Special Management Area. Approved by Consent Agenda. E-5 Juneau Mayor Polley - Budget Cuts for U.S. Coast Guard. Council took no action. F. OLD BUSINESS None G. NEW BUSINESS G-1 Bills to be paid; bills to be ratified. MOTION: Councilman Measles moved, seconded by Councilman Ackerly, to approve the bills as submitted. Motion passed by unanimous consent. } G-2 Requisitions exceeding $1,000, KENAI CITY COUNCIL DECEMBER 18, 1985 PAGE 8 MOTION: Councilman Measles moved, seconded by Councilwoman Monfor, the addition of $1 ,520 for Merit Inn. Motion passed by unanimous consent. G-3 Ord. 1103-85 - Increas. Rev/Appns -Water and Sewer. G-4 Ord. 1104-85 - Increas. Rev/Appns - Senior Citizens' State Grant - $90,031 G-5 Ord. 1105-85 - Increas. Rev/Appns - Senior Citizens' State Grant - $5,638. G-6 Ord. 1106-85 - Increas. Rev/Appns - Senior Citizens' Borough Grant - $24, 068. G-7 Ord. 1107-85 - Amending KMC - Exempt Personal Property from Taxation. G-8 Ord. 1108-85 - Amending KMC and Adding Title 24 -Cemetery Approved by consent agenda. G-9 Approval - Vacation, Utility easement - Valhalla Subdivision. MOTION: Councilman Wise moved, seconded by Councilman Hall, that a letter of non -objection be sent. Motion passed by unanimous consent. G-10 Discussion - Airport Insurance Attorney Rogers reviewed the letter from Walters and Olson, distributed this date. He asked if Council wanted the indemnification provision and if not, do they want additional insurance. MOTION: Councilman Wise moved, seconded by Councilman Hall, that: a. The indemnification hold harmless clause be stricken from the lease. b. Seat liability for carriers for hire should be required to obtain and present proof as part of the lease agreement. c. Consider raising our own liability, especially umbrella. Attorney Rogers asked if the additional premium costs as a .result of increased exposure or increased insurances would be apportioned among the carriers or apportioned against all lease holders. Council agreed he would prepare a lease for KENAI CITY COUNCIL DECEMBER 18, 1985 PAGE 9 approval without indemnity provisions, a dollar amount of liability without seat limit and a statement whether the City should raise their insurance coverage. Council asked Attorney Rogers to. send this to all three carriers before the January 8, 1986, meeting. MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to amend the document for Council approval. to add suggestions for recouping costs. Councilman Measles noted the umbrella coverage covers all lease holders. The recoupment should be spread to all users of the airport. Councilman Wise suggested the weight should be lowered also; it is 2,000 gross weight now. VOTE, Amendment Motion passed by unanimous consent. Attorney Rogers stated he would solicit correspondence from the carriers regarding this. PUBLIC COMMENT: a. Jack Birmingham, ERA, Anchorage. He thanked Council for their consideration. VOTE , Main Motion as Amended: Motion passed by unanimous consent. G-11 Approval Shore Fishery Lease F. Canady Attorney Rogers explained this goes back to 1978, a... ten year lease with market rate to be established at renewal. This is the -same rate the State charges $40 each. If Council has no• objection, he :evil l proceed. No action taken by Council. G-12 Discussion - Lease Agreement = R. Kochanuski - FBO Subdivision. Attorney Rogers explained he has started enforcing development. Nothing has been done on this, so he has initiated action. Council took no action. H. REPORTS e 1 H-1 City Manager KENAI CITY COUNCIL DECEMBER 18, 1985 PAGE 10 City Manager Brighton spoke. a. The Senior Center has been awarded a $40,000 grant for a senior day care program. There will be a resolution at the January 8, 1986, meeting. b. He noted Info. #8 regarding Borough Capital Improvement projects, does not list the improvement of Spur between Kenai and Soldotna. c. He noted Info. #10 regarding FAA funds for airport improvement. Kenai has $1,700,000; $486,000 has to be committed or will revert back to FAA. a. (Continued) Council requested a review of the senior day care center program in advance of the packet. H-2 Attorney None H-3 Mayor None H-4 City C lerk Clerk Whelan spoke: a. She took a head count on those attending the Christmas party December 28, 1985. b. She noted the January Council meetings will be January 8, 1986 and January 22, 1986. H-5 Finance Director None H-6 Planning and Zoning None H-7 Harbor Commission ' Councilman Ackerly reported they have not had any meetings but will be starting again with review of the CIP harbor proposal. H-8 Recreation Commission None H-9 Library Commission Library Commission Chairman Swarner reported the addition has been accepted and thanked Architect Gintoli for the good job he did. December 19, 1985, will be their open house. KENAI CITY COUNCIL DECEMBER 18, 1985 PAGE 11 I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Public Works Director Kornelis. The CIP brochures have been completed and distributed to Council. The narrative has been held, waiting Council direction on priority #22 (Aspen and 5th). MOTION: Councilman Wise moved, seconded by Councilman Measles, to complete the Woodland portion of 5th Avenue rather than bridge the gulley. Motion passed by unanimous consent. Councilman Ackerly asked the cost per copy of the CIP brochures. Answer - about $1.00 each. He suggested the brochures be distributed to all resident of the City. Council took no action. b. In reply to a query, City Manager Brighton said he and Soldotna City Manager Underkofler would be on KSRM January 6, 1986. C. Councilwoman Bailie said she was a member of the } Wildwood Prison Citizens' Advisory Board. The prisoners would like to start a greenhouse to grow plants for the City. They will be pursuing State funds. Council agreed to support the concept, d. CouncilwomanBailie said she received a call from Homer City Manager .Calhoun regarding the Peninsula Council Members' joint meeting.. She will have a report for Council. e . Councilman Hall said, he has recei ved' some calls regarding the water system. He asked, for a discussion on the depth of the replacement well and if we should drill a new one, Public Works Director: Kor.nelis said he had a water consultant do tests They said it could be corrected but would not be cost effective. The smell seems to be associated only with heated water releasing gases Council asked that he have a report for the February 5, 1986, meeting. ADJOURNMENT: .Meeting adjourned at 9:50 p.m. Janet Whelan .City Clerk tL f �,R 10 1F F - � Alaska State 11olidaY ('onin ittee headquarters Post Office Box 200156 Anchorage. Alaska 99520-01 S6 Telephone: 2 2-4811 Federal 1h) idus Cf)mmissio n - sprettu .ic•e►tt Kinf. (hairper%on December 13, 1985 .Alaska State Holids- (:Ommillee - 1 ppijimed h% (w,-ernor Kill Sheffield t f= - Mer. '1lnn: o Patterion. (hatrptrc►►n Regimiul (' mr(linalims: ( 'lnthilde Kahorec - Sitka- 1)r. Kenneth A. Hurnle.r - I-'airhank.% (rise!! B. hatcher - Kodiak 111anche McAmith - Juneau Mars- 1.. McClinton - Juneau Dear Mayor, - -- - - . • I.c.ciwunt Anita 1). Nnhin.von - Anchorage The Alaska State Committee for the Martin Luther King Holiday is asking Awards and Recognition Committee Alahuld that you issue a proclsproclamation proclaimingJanuary 20 1986 Martin Luther A.chlet' Dickerson, Chairperson Anchorage King' s Day in your city. Judge Rene J. ( .male: Anchorage We are recommending that you consider naming a park, street, or moment Ediicatio n, l milh, and titiicic�nt Involvement Committee in honor of this Great Leader. He Was a Great American who championed i �irgie King, (hairpervatt the cause for all Americans . 1-uirhunks tending and Re`wirces 0)mmitlee We are also reccmnending that all City employees will be given Acininistrative Paul V. Brown, (hairpervun leave the afternoon of January 20, 1986 in recognition of Martin Luther Anchorage King' s National Holiday. Lalmr and Business Committee Willie I.eivA. (hairpervon I•itirhnnks Sincere (:. G. Martine - Fairbanks Le0slalive, Civil and ,r Ifuman Rights Committeet- lltigh t i ". Flei.ec'her. Chairperson Rev nd A o Pa�e Chairman State -InchoraR e son . tibia Short - -Anchorage Martin Luther King Holiday Committee Public Relalif)ns (:()mmitlee huren Corr. (hairnervon Anchorage H�.L • ,- PC C(Dm millee tin Religious Cticniminity Invuivement Res-. Carl Johnsen. ( •hairnervon -1 itc•horare Me r. Charlie K. Barlow - tairhanks Mer. Mic•hard K. Ileacock. Jr. I•uirhunk 'special Events 0)mmillc•e ( hurle% Mohimon. ( hairpervon 1►►chorage N ililary Liaiscins ( haplain ( ant. I-url 1 uN•ner ( apt. Atunle.r (iPoper Lave not hate, unclers•tanding not anger, peace not war. z PO 0 En cli m E 0 0 UQ 0 w a 0 m r m rt v nowa c C-4 a N htr O W G �cj w G m (D �C (D p O G w "d n rt n G bGQ Pi c� rwt G "d 'd OQ ffl pWi m %4 ) I-+ W m b G cn w cn rt `C F-A rH art y x►"h::E:H nw z a" a rcn A) N n 1 W G v4 rt 0 r-t Pi n W w m O w z G n" w w G O ►-+ (D " x 'b 0. w Q. G b v W G 'b n n cD :71 b C w " rt W w F✓ H. H. r'! r"S (n m O w n O m w w w rt N w rt rt w w rt G r-h rt W O pi�-4 t-r w� w G 0 rt F✓ O n rt cn W O O O (D a riaq \ x ww rt G� r G FJ• w ~ •d a (D n hd 1 ao b O w ►-� nn rtN 0 w mw � c�rn(D a � w�0 w a rt � a, � O ►-h OO ar G Fri- (D v' � rt H cn (D (D cn (D rt cn � (D • (DD ri n w �' W G w N m G 00 fti n m G O cn m G w cr C I W N ( N G G n w �C W OQ 1 1" cn 00 O 0" 0 n W m a x m r (D cr m cn E Pi a (n o rh (D O'% n w• m rt %4I O G cn G w cn w EN 0 0 rt 0 m a' a �u O F-A rrtt F-A v cn k4 " (D I r 0 F-A rh Cl) 0 a (D v' M cn :3 w 0 � z r w n • �C rt rr • m rt m F✓ rt W (n 00 (D ON O rt n a 9 oQ (n cn sr N n ci c� r :3: n a r a rr }d 1-0 ''d m G O W W W W W 1 I I OQ cn 9 rt v' r-t v' v' r r H. W r W W cn m G I to v O n w O n n w w n n w n rt �• G r r a a a m x a a a a a a a 0 0 0 0 w 0 uGi (Gn uGi � N. rt rt G rt cn W rt 0 0 �°s n n n ri fi W rt rt W W rt W rt w w �-4 O t� G H � W 'L7 m rt O% Ln v v v O O O\ v O v v 00 F"+ O1 N I-j OD p. In Ul O O ON O O O O O O O O b b b Ow 0 0 0 °O m m vi cn m cn n cn m to cn cn W W O O W O cn G F✓ F✓ cn cn cn N- m m m m cn ri rt C C ri C FA- (D m m cn cn cn !-+ W v .- v 00 O v rn %lo ONO O O O 00 O O O 00 O O O O 00 d z t C H in H H H O z O c ril PO CD O O m o cn C) H H H x z m d O z H r b b N m 00 a 00 H � z H 0 x H C H z H z r 7o ::rL. W 'TJ tz C) x ol W C) W W O F-+ O H+• G O H. O PO w w (Wn �• ((DD (D � n (D p �u G (D C) G n H b M- A rt h-4 F-' z :o O M H '=J CT.i ?• to rt O txi ri w m W m In H ri w Fi• C W m W CL rt cn n w 0 O W a G W O n H rt 'd C (D O rt O �-j W n o O G bd POI !-� C W D ►g1• W 'd W (n x G rt r"'r x' o a W W n H H �-3 t l tl tl t l z 4 H a b F-H 0 n C) Cl t7 tv (D m C) n (D n (D �-O %D O C W C rt G W O -� C G b (D W t7l (D (D rD� cn � N N 00 v 0 "d "d F-A F-' a (D m A. " F-h G G t17 r H- O rn�� O O n w :3 0 CL (D "d z z 00 00 Ui Ln � t4 m m W F-A rt a. a H• F-• n a m m O cn • ri m C.4 � N H (D ((DD 0 0 x (D G cn 0 �_n z rt rt rt N• r m (D G W C") x m w C-) (n •d (D O rt W n o n c c c c N F✓ :E: c 0 ro 0 C-) (D (D (D 0 G G rt rt r r W W W W to 1.0 O W K Fj• t-+• rt `C Fj• O W rd ro I Gr a A) W W O O G G O G O G G O G n w H- OC r i F-+ F--' N (n O O (n (D m (n (n W (D G• "d HHH G G �i W G n n n m oa (n rt W W W w H- O a (n (n (n G G G 0 p OQ OQ G ri "U t7d �i ri Pi ri 0 (D G O v' F-A t=i • >C rt . C') C) n (n r r r H ro a x H n H m m m 0 G G G FJ• "d W H- W FJ- W rt rt w 0 0 (D W W (n O :j G (n rt rt rt ►^! "" b y F-' w C H- v' H. m G Pi 0 O G F✓ rt G (n 0 m (n b rt m W W W F-A F-' F✓ m F-+ g H. F✓ N• F✓ H. m H- (n "d rt "d O F-j n 0 H H H m rr d %4 rt rr rt W F-" In H G ri rt W G n N• rt O ri ri �i m (D (D rt W PC m cn W rt m O w G O W W W F✓ 0 F1• G (n (n (n pi m O (n " Pi (D C w v pi m F✓ m m 0 F-� F-' F-J rt 000 O o vn F✓ O F" O O O N %D 00 N v Ul O v O O O W W v N N O -P� O F." N W F- C) O O v In %.0 F- 4 O O %O F� v F." 00 O O O . . . CN . . v . W . �! O . . �0 . .� F� . 00 . � tl . O O O F l O C1 O In O P i t 1--� O . . In In O O O W O N O O O O N W O 00 O • • • W In o\° 0 I 00 v F-4 H H O � rt rt rt . M d ►" d � a a 7d H O z Z r-3 1 00 00 CT O z H IC Z* Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1109-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN A NEW FUND ENTITLED, "SENIOR DAY CARE" BY $449644., WHEREAS, the State of Alaska has offered the City of Kenai a Y grant in the amount of $40 , 000 for the project period January 1, 1986 through June 30, 1986, so that we may provide supervision and a wide range of services, over an extended period of time, for senior citizens needing assistance with daily living in a group setting; and, WHEREAS, the City' s required matching in -kind consists of $4,444. 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: Senior Day Care Fund Increase Estimated Revenues: State Grant $40 , 000 In -Kind 49444 Program Income 200 44 644 Increase Appropriations: Salaries $20 9260 Volunteer Salaries (In -Kind) 29100 Leave 1,789 PERS 2,403 ESC 732 Workerman's Compensation 888 Health 2 9850 Office Supplies 150 Operating Supplies 21100 Communications 600 Utilities 450 Repair and Maintenance 29298 Janitorial 600 Professional Services 31600 Volunteer Professional Services (In -Kind) 1 9 163 Insurance Equipment (In -Kind) Transportation 500 1,181 980 $442644 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 22nd day of January, 19869 TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: January 8, 1986 Second Reading: January 22, 1986 Effective Date : January 22 , 1986 Approved by Finance: 1/3/86 MEMORANDUM TO: Keith Kornelis, Public Works Director FROM: Jack LaShot, City Engineer DATE: December 27, 1985 SUBJECT: AIRPORT WAY PROJECT Before requesting proposals from engineers to design the Airport Way widening project, I need clarification from Council concerning the scope of work. As I understand it, we will widen the street similar to Main St. Loop, place curb and gutter, place BQ sidewalks both_hting, sidesand install full street li To what extent will landsca ing be utilized? The Council may want to review the attached options available from the Kasprisin "Master Plan" for the triangle area. Also, will landscaping be needed the full length of Airport Way? It is important that these items be discussed in order to properly determine the scope of work and determine a design and construction budget. f JLS/sw Enclosure AIRPORT PARK The Airport Park Triangle is unique in that it is not necessarily a destination park but rather a *sculptures or visual entry form. The first option creates a Land -form sculpture that can be appreciated by someone driving by as well as people using the park. This site has Little existing vegetation that needs to be saved and as Long as considera- tion is given to maintaining access to buried utilities, the park site could be raised by building up earth mounds. A soft geometric 9 a. sewer line sculpture area with seating become raise park area to me a gentle slope 2.) create a 'soft" visual geometric pattern with small earth berms s under, cable north OPTION 1 pattern would be created during winter snow months when the mounds are covered by drifting snow. A main objective of the city is to keep these parks low in maintenance costs and it is proposed to replant these areas with native grasses and wiGdfZowers. The sketch, shown looking west from Airport Way, also includes new airport signage. Grading and initial plantings would be done in Phase I and any structure and finish landscaping completed in a second phase. .t AK �y, r Y y L 0 b, t r r . . i j j s s View from Airport Way 10 sloped areas can be lower maintentance ground covers and wild lowers W'4M winter high mound j ...-.._....M 15' high • sledding • sliding summer city �.._ entry - ' underground cable crossing sewer line Airport M&y ,tom'%f1 SCu pture ~' s: .... , \`��,`� :...:.. ` \t� mound b' high terminal AA• airportparking lII trees _. existing 7 0 40 80 160 north AIRPORT PARK This second option for the airport triangle again involves regrading and adding fill to the site. The surrounding terrain is fairly flat and a new hilly area could be a good peace for children to come and play. Activities such as winter snow sledding would be oriented towards the center, away from auto traffic. This scheme also shows a climbing play sculpture and a small foot bridge to connect the two artificial hills. Phasing the project would be handled essenti- ally the same as the first option with grad- ing and some landscaping first and structures done at a later date. OPTION 2 .................... _ -� . . . -ram..._._..... .. • .. . ........ m _ may' ,�;�,�� /lye, � - ._ _ �- / f��i't' � ,�j � / '.ice' ti� � � t •� . ,WNW PIP t ? E t 1 i i f 1 j r < View from Airport Way -' o Z op r 12 Alaska Department of Revenbi Public Services Division Games of Chance and Contests of Skill ,f,;�>^ Pouch SA ,t Juneau, Alaska 99811 04hry'J PERMIT APPLICATION 1 FEES: $20.00 due with application;1% of entire net proceeds due with Annual Financial Statement. Please read the instructions before completing this application. 1. Name of Organization Greater Kenai Chamber of .+.ommerca Mailing Address Post Office Box 497 City, State, Zip Code Kenai, Alaska 99611 2. Type of Organization. (Check the appropriate box. Refer to AS 05.15.210 and 15 AAC 105.010-100 for definitions.) ❑ Municipality ❑ Police or Fire Department X" Civic or Service and Company ❑ Religious ❑ Dog Mushers' Association ❑ Charitable ❑ Political ❑ Fraternal ❑ Non-profit Trade ❑ Educational Association ❑ Veterans ElFishing Derby Association El Labor ❑ Outboard Motor Association 3. Organized as: (Check the appropriate box.) Corporation ❑ Association ❑ Partnership ❑ Firm ❑ Company 4A. NEW APPLICATION Number of Years Organization Has Been in Existence in Alaska: Since 1955 The following must be submitted with this application: uz Current Alaska membership list (must have at least 25 members), +� �{ Certified true copy of articles of incorporation or, if not f�l Incorporated, co of bylaws an i P copy y d national and state charters; Copy of IRS certificate of tax exemption issued to non- profit r p t organizations, if applicable. Name and Mailing Address of National Organization (if applicable) 4B. RENEWAL APPLICATION Most Recent Year Permit Number: 85-066 Issued 1985 The following must be submitted with this application: ❑ Current Alaska membership list (must have at least 25 members); ❑ Copy of amendments to bylaws, if any. 5. Local OfFicers (must be (-;u,rrent, bona tide members in good standing) NAME TITLE Roger Holl President DAYTIME PHONE NUMBER 283-3344 James E. Carter, Sr. lst Vice.President 283-9272 Ronald A. Malston 2nd Vice President 283-4946 Cheryl Sutton Secretary -Treasurer 262-2492 6. Types of Games to be Conducted. List types of games by common name if other than those listed. See AS 05.15.180, AS 05.15.210; 15 AAC 105.110-.160. a. Bingo (NOTE: Bingo b. Raffles & Lotteries ' ❑ e. Dog Mushers Contests ❑ h. RainClassics games must not be held more than 9 occasions c. Pull -tabs f. Fish Derbies ❑ 1. Other Please list In a calendar month ( ) with no more than 35 ❑ d. Ice Classics g. Contests of Skill games per session or series of games.) Date of Receipt THE SPACE BELOW IS RESERVED FOR DEPARTMENT OF REVENUE USE ONLY. Permit Number: Date of Issue: Financial Statement: ❑ Yes ❑ No NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED; DEDICATION OF NET PROCEEDS The entire proceeds of the games shall be devoted to and disbursed in accordance with 15 AAC 105.280 Use of Dedicated Net Proceeds. (a) The dedicated net proceeds given to a qualified organization may not be used to pay any person for services rendered in connec- tion with the activities from which the funds were derived. Detailed records of all disbursements must be kept for later audit review. These must be kept with the other accounting records for a period of three years. (b) Disbursements for the promotion of the welfare and well-being of the membership means that a member may receive assistance in the form of various charitable donations, which have been approved by the organization's board of directors. Charitable projects which an organization may sponsor include education grants, training assistance or job counseling, food baskets, medical or health-care assistance, charitable functions and dinners for the community, etc. The qualifications to receive the charitable donations must include a requirement that all members of the organization within the com- munity may qualify and receive the assistance. These payments may not be devoted to organizational parties, dinners or benefits, pion► or social functions limited to members and their families. (c) Permittees may not erect, buy or lease buildings or land for their organization with the net proceeds unless these buildings are: (1) used exclusively for educational, civic, public, or religious pur- poses (such as hospitals, churches, schools, government buildings, or community centers); or (2) turned over to an appropriate nonprofit organization which qualifies as a tax-exempt organization under the Internal Revenue Code, Section 501(C)(3), or to a local, state or federal government. 7. In the space below, state the specific purposes for which the entire net proceeds are to be devoted and in what manner. To aid financially in the support and promotion costs as incurred by the Kenai Chamber of Commerce for business development and business support in promotional efforts. 8. Estimated Yearly Gross Receipts $ 20,000.00 9A. Person in charge of games (Must be a bona fide and active member of permittee organization) NOTE: The member in charge shall be present during the conduct of each of the specified activities stated on the permit. An alternate may be designated to conduct the authorized activities during the absence of the member in charge. NAME MAILING ADDRESS DAYTIME PHONE NUMBER (Primary) Sue Carter P.O. Box 497 - Kenai, Ak. 99611 (907) 283-7989 (Alternate) Carolina Willis P.O. Box 497 - Kenai, Ak. 99611 (907) 283-7183 9B. Has either person listed in 9A above ever been convicted of a felony or gambling misdemeanor? ❑ Yes I No 9C. Will either person listed in 9A above receive compensation of any kind from the receipts of the ❑ Yes [K] No gaming activities? Iv. �71y11alUIC VI 1wv vi11'UCrZ1n%;4U1rev We certify under penalty of perjury that to the best of our knowledge and belief all the informatio�on this application, including any attachments, is true, correc complete. We understand that any false statement made on this applica i6nV s punishable by law. We fur t er certify that wA have delivered two pies of this applicatiop to the nearest city or borough office for rev, . A. dc -� NOTICE: ANY FALSE STATEMENT MADE ON THI PPLI ATION IS PUNISHABLE BY LAW. 04-643 Back (9/84) J a� Alaska 134partment of ReyefWte -� Games of Chance, and Contests of Skill Public Services Divisp Pouch SA PERMIT APPLICATION Juneau, Alaska 99811-0400 t 40 Y . 1 QJ V FEES: $20.00 due with application; 1% of entire net proceeds due with Annual Financial Statement. s Please read the instructions before completing this application. r 1. Name of Organization Kenai Antral Hio_Scbnol Mailing Address _ca 52 3Mpripi ,r— Hj,dmoz v City, State, Zip Code Kenai., Alaska 99611 2. Type of Organization. (Check the appropriate box. Refer to AS 05.15.210 and 15 AAC 105.010-.100 for definitions.) ❑ Municipality ❑ Police or Fire Department ❑ Civic or Service and Company ❑ Religious ❑ Dog Mushers' Association ❑ Charitable ❑ Political ❑ Fraternal ❑ Non-profit Trade (� Educations! Association ❑ Fishing Derby Association ❑ Veterans ❑ Outboard Motor ❑ Labor Association 3. Organized as: (Check the appropriate box.) ❑ Corporation ❑ Association ❑ Partnership ❑ Firm ❑ Company 4A. NEW APPLICATION Number of Years Organization Has Been in Existence in Alaska: The following must be submitted with this application: ❑ Current Alaska membership list (must have at least 25 members); ❑ Certified true copy of articles of incorporation or, if not incorporated, copy of bylaws and national and state charters; ❑ Copy of IRS certificate of tax exemption issued to non-' profit organizations, if applicable. Name and Mailing Address of National Organization (if applicable) 4B. RENEWAL APPLICATION Most Recent Year Permit Number: 85-050 Issued 1985 The following must be submitted with this application: ❑ Current Alaska membership list (must have at least 25 members); ❑ Copy of amendments to bylaws, if any. 5. Local Officers (must be current, bona fide members in good standing) NAME TITLE DAYTIME PHONE NUMBER Paul Epperson Principal 283-7524 I Athletic Director 283-7524 6. Types of Games to.be Conducted. List types of games by common name if other than those listed. See AS 05.15.180, AS 05.1.5.210; . 15 AAC 105.110-.160. C a. Bingo (NOTE: :Bingo: b. Raffles & Lotteries games must not be held more than 9 occasions ' ❑ c. Pull -tabs in a calendar month with no more than 35 ❑ d. Ice Classics games per session or series of games.) Date of Receipt e. Dog Mushers' Contests ❑ h. Rain Classics '❑ f. Fish Derbies ❑ L Other (Please list) 1 g. Contests of Skill THE SPACE BELOW IS RESERVED FOR DEPARTMENT OF REVENUE USE ONLY. Permit Number: Date of Issue: Financial Statement: ❑ Yes ❑ No 04-643 (Rev. 9/84) NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE.PERMIT IS ISSUED. DEDICATION OF NET PROCEEDS The entire proceeds of the games shall be devoted to and disbursed in accordance with 15 AAC 105.280 Use of Dedicated Net Proceeds. (a) The dedicated net proceeds given to a qualified organization may not be used to pay any person for services rendered in connec- tion with the activities from which the funds were derived. Detailed records of all disbursements must be kept for later audit review. These must be kept with the other accounting records for a period of three years. (b) Disbursements for the promotion of the welfare and well-being of the membership means that a member may receive assistance in the form of various charitable donations, which have been approved by the organization's board of directors. Charitable projects which an organization may sponsor include education grants, training assistance or job counseling, food baskets, medical or health-care assistance, charitable functions and dinners for the community, etc. The qualifications to receive the charitable donations must include a requirement that all members of the organization within the com- munity may qualify and receive the assistance. These payments rr not be devoted to organizational parties, dinners or benefits, picn► or social functions limited to members and their families. (c) Permittees may not erect, buy or lease buildings or land for their organization with the net proceeds unless these buildings are: (1) used exclusively for educational, civic, public, or religious pur- poses (such as hospitals, churches, schools, government buildings, or community centers); or (2) turned over to an appropriate nonprofit organization which qualifies as a tax-exempt organization under the Internal Revenue Code, Section 501(C)(3), or to a local, state or federal government. 7. In the space below, state the specific purposes for which the entire net proceeds are to be devoted and in what manner. School organizations such as lettermens club, Spanish Club, Cheerleaders Athletic teams etc. need to raise funds for their own needs. Choir and Band often need to raise funds for travel. 8. Estimated Yearly Gross Receipts $ 4500.00 9A. Person in charge of games (Must be a bona fide and active member of permittee organization) NOTE: The member in charge shall be present during the conduct of each of the specified activities stated on the permit. An alternate may be designated to conduct the authorized activities during the absence of the member in charge. NAME MAILING ADDRESS DAYTIME PHONE NUMBER (Primary) _-- P—a„1 P"ne-rczan 9583 Kenai Spur Highway 283-7524 (Alternate) Cliff Massie 9583 Kenai Spur Highway 283-7524 9B. Has either person listed in 9A above ever been convicted of a felony or gambling misdemeanor? ❑ Yes C No 9C. Will either person listed in 9A above receive compensation of any kind from the receipts of the ❑ Yes No gaming activities? � A A iv. oignature of Iwo Utticers Required We certify under penalty of perjury that to the best of our knowledge and belief all the information on this application, including any attachments, is true, correct and complete. We understand that any false statement made on this application is punishable by law. We further certify that we have delivered two copies of this application to the nearest city or borough office for review. B. NOTICE: ANY FALSE STATEMENT MADE ON THIS AP'FiLICATION IS PUNISHABLE BY LAW. 04.643 Back (9/84) 1 7 CITY OFF KENAI CEMETERY REGULATIONS Pursuant to Section 24 of the Kenai Municipal Code, the following regulations are hereby promulgated to ensure the continuation of the integrity of the Kenai Municipal Cemetery and the protection of the health and welfare of the community. Section 1 - Plots a. Plots shall be platted in those areas of the cemetery where interments have not as yet taken place, in 5x10 ft. plots, 2-1/2x5 ft. plots for infants, and 2x2x2 ft. for cremains. b. The City Clerk shall be in charge and have access to said plats for the purpose of assigning plots upon request, and have charge of burial records, files and maps which shall be stored by e City of Kenai. The City Clerk shall charge a fee of V tper standard plot, $ -- for infants or for cremains. Opening and closing charges are $4 per standardq. plot, - for infants and cremains. Winter charges are ,o increase, Payment in full for the lot is re uir d at i m e of p u r c h a s e o f plot . c A reservation of burial space in the Kenai Municipal Cemetery can be acquired by applying to the City Clerk and being assigned a platted plot or plots after having paid the appropriate fee. It is prohibited for the purchaser of said plots to re -sell or assign the plots except to the City. Charges for reservation in advance will be at maximum cost. Section 2 Interment and Disinterment a. The City Clerk shall be provided with the appropriate state burial and transit permits before interment will be permitted The burial lots can be used for no other purpose than interment. b Interment o.r disint,erment shall be made in compliance with all state and city, laws and regulations. c. Only ground level markers set in a concrete base shall be �4 used, and shall be installed at the head of the grave. d. Only human remains are permitted to be buried in the Kenai Municipal Cemetery. e. No more than one grave marker per lot shall be allowed, /!1 ` _ Section 3 - Maintenance a. The City of Kenai shall take reasonable precaution to . protect all grave markers within the Kenai Municipal Cemetery from loss or damage but expressly disclaims any responsibility for loss or damage from causes beyond such reasonable precautions. Damages incurred directly or collaterally and caused by or resulting from thieves, vandals, malicious mischief, unavoidable accidents shall be excluded from the City of Kenai responsibilities. b. Planting of trees, shrubbery, plants or turf within the Kenai Municipal Cemetery shall be with the consent of the Parks and Recreation Director or his designated representative. The City of Kenai shall provide grass cutting at reasonable intervals, raking, cleaning, grading and landscaping. Suggested height of trees - no more than eight feet, c. No enclosure of any kind, such as a fence, wall, hedge or ditch shall be permitted around or about any grave or burial lot and no burial lot shall be raised above the established grave. Wooden benches, boxes, shelves, toys and other articles upon a grave or burial lot shall not be permitted. Temporary decorations are permitted during religious, national and state holidays. d. No material shall be allowed to remain in the Kenai Municipal Cemetery longer than is reasonably necessary for any construction work. During periods of break-up, no heavy hauling will be permitted. Within one year of interment, graves shall be restored to ground level and re -seeded. e. A mortuary conducting a funeral service may provide, place and remove greens, decorations or seating used for a burial 9 � 9 and must provide necessary lowering devices. Section 4 - General a. The City of Kenai shall not be liable for any order received verbally or for any mistake occurring from the want of precise and proper instructions as to the particular space, size or location in a tract where interment is desired. b. No person shall enter the Kenai Municipal Cemetery except P through the established access routes. The cemetery will be open daily from 7:00 AM to 9:00 PM during the months of May through October. During the months of November through April, the cemetery will be open for burials only. c. Keys to the Kenai Municipal Cemetery are available at the City Clerk's office. d. No burials shall be within the City limits except on homesteads owned by or resided on by the deceased. Homestead must be five (5) acres or larger. Private cemeteries within the City limits on the date of passage of Ord. 1108 71 ay continue in use, but are limited to their platted si A burial permit will still be required from the City Clerk, if the burial is to be on a homestead or private cemetery within the City. City of Kenai Supplement #-- CITY OF KENAI it 210 FIDALGO KENAI, ALASKA 99611 '- TELEPHONE 283 - 7535 MEMORANDUM TO: Council FROM: Janet Whelan , City Clerk DATE: January 2, 1986 SUBJECT: CEMETERY REGULATIONS These regulations will be part of the KMC, upon approval. I have left the charges out for Council decision before approval. Original Recommendation of Cemetery Committee: $150 -..Per Plot $ 75 - Infants $-2.0 - Cremains No additional charges. for excavations. Council Recommendations: $600 - Per Plot $300 - Infants $200;- Cremains No additional charges for excavations. Fairbanks Charges: Per` Plot - Adult & Child $ 50 - Infant $100 - Op:en - Adult & Child 1,30 - Open - Infant $ 60 - Close - Adult & Child $ 20 - Close - Infant $ 50 - Open, Close - Cremains 251.10-' Additional- Weekends and Winter Homer Charges: $104 - Per Plot $230 - Open &Close Kasilof Charges : $100 - Per Plot $150 - Open & Close (without frost) $200 - Open & Close (with frost - Backhoe) $350 - Open & Close (with frost - Jackhammer) Council Cemetery Regulations January 2, 1986 Page 2 Ketchikan Charges: $500 - Per Plot with Open & Close $ 50 - Child $ 25 - Cremains Kodiak Charges: $ 10 - Per Plot $ 60 - Open & Close - Adult $ 35 - Open & Close - Child $110 - Open & Close - Adult (with Thawing) $ 60 - Open & Close - Child (with Thawing) $ 10 - Open & Close - Cremains $ 17.50 - Open & Close - Cremains (with Thawing) Petersburg Charges: $200 - Per Plot - Adult $100 - Per Plot - Child $150 - Open & Close - Adult $ 75 - Open & Close - Child $200 - Weekends & Holidays - Adult $100 - Weekends & Holidays - Child Average charge for these six communities is $294, with additional charges for winter. If Council is satisfied with the charges selected, I will include those in the regulation. My suggestion would be a lower initial charge with 500 increase in the winter. JW/sw H 91 CITY OF KENAI 1986 CALENDAR JANUARY: 1 - Holiday 1 - Renew Commission & Committees members 6 - Commission & Committee meeting with Council 7 - Recreation Commission 8 - Council meeting 14 - Beautification Committee Harbor Commission Landscape Board Library Commission 15 - P&Z Commission 22 - Council 28 - Beautification Committee Harbor Commission Landscape Board 29 - P& Z FEBRUARY: 4 - Recreation Commission 5 - Council 11 - Beautification Committee Harbor Commission Landscape Board Library Commission 12 - P&Z 17 - Holiday 19 - Council 25 - Beautification Committee Harbor Commission Landscape Board 26 - P&Z MARCH: 4 - Recreation Commission 5 -- Council 11 - Beautification Committee Harbor Commission Landscape Board Library Commission 12 - P& Z 19 - Council 25 - Beautification Committee Harbor Commission Landscape Board 26 - P&Z A P R I L : 1 - Recreation Commission 2 - Council Schedule Budget Work Sessions MAY : 8 - Beautification Committee Harbor Commission Landscape Board Library Commission 9 - P&Z 15 - APOC Reports Due 16 - Council 22 - Beautification Committee Harbor Commission Landscape Board 23 - P&Z 6 - Recreation Commission 7 - Council Set Lease Rate for Leased Lands 13 - Beautification Committee Harbor Commission Landscape Board Library Commission 14 - P&Z 21 - Council 26 - Holiday 27 - Beautification Committee Harbor Commission Landscape Board 28 - P& Z JUNE: 3 - Recreation Commission 4 - Council Adopt Budget, set mill rate 10 - Beautification Committee Harbor Commission Landscape Board Library Commission 11 - P&Z 18 - Council 24 - Beautification Committee Harbor Commission Landscape Board 25 - P&Z JULY: 1$ - Recreation Commission 1 - New fiscal year begins 2 - Council 4 - Holiday 8 - Beautification Committee Harbor Commission Landscape Board Library Commission 9 - P& Z 16 - Council 22 - Beautification Committee Harbor Commission Landscape Board 23 - P&Z AUGUST: 1-15 - Filing period, City election 5 - Recreation Commission 6 - Council Resolutions for Election propositions 12 - Beautification Committee Harbor Commission Landscape Board Library Commission 13 - P&Z 20 - Council 26 - State Primary 26 - Beautification Committee Harbor Commission Landscape Board 27 - P&Z SEPTEMBER: 1 - Holiday 2 - Recreation Commission 3 - Council Certify Election judges Schedule Commission, Committee, Legislator Public meetings 9 - Beautification Committee Harbor Commission Landscape Board Library Commission 10 - P&Z 17 - Council 23 - Beautification -Committee Harbor Commission Landscape Board 24 - P& Z OCTOBER: 1 - Council Schedule Capital Improvement Projects work sessions 7 - Recreation Commission 7 - Regular City & Borough Election 8 - P&Z 14 - Beautification Committee Harbor Commission Landscape Board Library Commission 15 - Council Certify Election, Elect Vice Mayor, Oath of Office New appointments to Council committees 17 - Holiday 22 - P& Z 28 - Beautification Committee Harbor Commission Landscape Board NOVEMBER: 1 - Capital Improvement List due to State (tentative) 4 - State General Election 4 - Recreation Commission 5 - Council 10-14 - Municipal League, Juneau (tentative) 11 - Holiday 11 - Beautification, Harbor, Landscape, Library -(tentative) 12 - P&Z 19 - Council 25 - Beautification Committee Harbor Commission Landscape Board 26 - P&Z 279 28 - Holiday DECEMBER: 2 - Recreation Commission 3 - Council 9 - Beautification Committee Harbor Commission Landscape Board Library Commission 10 - P&Z 17 - Council 23 - Beautification Committee Harbor Commission Landscape Board 24 - P& Z 25 - Holiday Voting Rights Preclearance Submissions City and borough officials responsible for the conduct of elections in their jurisdictions are reminded that any change in local laws or procedures which affect the voters must be described in a letter and submitted to the U.S. Department of Justice (DOJ) for approval before being enforced. This process is called "preclearance" and is required under Section 5 of the Voting Rights Act of 1965. The kinds of local issues which must be approved by DOJ in- clude changes in: • Voter Qualifications or Registration Procedures • Ballot Counting Procedures • District or Precinct Boundaries • Petition Procedures/Signature Requirements • Filing Deadlines • Candidacy Requirements • Length of Terms • Type of Ballot Used • Absentee Voting Procedures • Ordinances Which Relate to the Election Process • Special Elections It is important to note that in the case of special elections, even if no "change" will be made in how the election will be held, the date of election must be approved. This requirement has recent- ly become a serious issue because special elections in various jurisdictions across the country have been challenged in court because the date had not been precleared. In writing a preclearance submission letter, include information a- bout how the change being made may affect Native Alaskans in the community. The purpose is to assure that the change will not deny or abridge their voting rights on the basis of race or language barrier. DOJ will be interested in knowing why the change is being made, how the change will be publicized, and when the change will go into effect. It is also helpful to include other information such as maps, population data, minutes of council meetings when the change was discussed, and the names of Native leaders in the community, and how they can be contacted by DOJ about the change. As often as possible, make sure that changes are planned well in advance because DOJ is allowed 60 days to review and ap- prove your change. In emergencies, you may ask for a faster reply, but shouldn't rely on this as a general rule. Preclearance letters should be sent to the U.S. Department of Justice, Civil Rights Divi- sion/Voting Section, Pouch J, Washington, D.C., 20534. Attention: Section 5 Preclearance Request. The Division of Elections, together with the Department of Com- munity and Regional Affairs and the Department of Law is plan- ning to create a handbook for city and borough officials on the Voting Rights Act to assist you with compliance. In the meantime, if you have questions about the Voting Rights Act you may call the Division of Elections at 465-4611. VISION OF ELECTIONS POUCH AF JUNEAU, AK 99811 CITY OF KENAI a Capita 41"" it 210 FIDALGO KENAI, ALASKA 99611 -- TELEPHONE 283 - 7535 December 23, 1985 MEMORANDUM T 0 : Kenai City Council FROM: Charles A. Brown, Finance Director Cc1Q RE: Airport Insurance/Airport Leases As I understood Council's request at the 12-18-85 Council meeting, they wanted to (1) strike the indemnification clause from the leases, (2) consider requiring the air carrier to increase their insurance limits, and (3) have the City administration report on increasing our airport insurance limits and make suggestions on recovering additional insurance costs that result from the elimination of the indemnification clause. I am leaving items (1) and (2) to the Attorney* With regard to increasing the City's limits, Walters and Olson and I discussed this last . year and the administration decided, based upon the cost and the risk of a loss exceeding $25,000,000, that we would buy only the current limits of $25,0009000. You can be assured that we will investigate this again for the 7-1-86 renewal. I see no need to react to the present situation with an increase in mid -year. I will report on this again as more information becomes. available as we approach the renewal date. With regard to increased insurance costs resulting from the elimination of the indemnification clause, the fast answer is simple. If we believe the contents of Walters and Olson's 12-18-85 letter, there will be no increased costs as a result of striking the indemnification clause. Kurt Olson said there would likely be a 100°o increase in cost "regardless of the inclusion of the indemnity agreement and hold -harmless". Therefore, no direct cost recovery is required . However, let me give you my thoughts on this issue in general. The City Manager and I agree with Ray Measles' comment at the 12-18-85 meeting that our insurance cost is an operating cost of running our airport, and that it is not necessarily appropriate to target a particular user group to pay for that cost. Various comments were made about our insurance policy covering ERA, SouthCentral Air, Aviation Services, or the fish haulers. This is not what our insurance is for, and it does not cover them. Our insurance covers the City of Kenai. We would need this insurance whether or not ERA ever flew into Kenai, or whether or not they leased space in our terminal. I do not think it would be right to charge the airlines directly (by writing it into their leases) for any particular operating cost. Last year, the Airport Land System Fund had an operating "Profit" of $659,600, of which we contributed on a non -recurring basis $403,338 for capital projects, If Kurt is right and our airport insurance increases by $32,000 next year, do we have a real concern? Just in case you don't agree with me (we all know how unlikely this would be), I'd say the most favorable option of cost recovery would be in landing fees and/or fuel fees. Again, I'm not supporting this, I'm simply discussing it. The City Manager and the Airport Manager are opposed to raising these fees. However, for your review, these are some comparisons the Airport Manager has provided. Landing Fee Kenai : Under 4,000 lbs -0- Over 4,000 lbs 20V/Thous . Fairbanks and Anchorage: Under 5,000 lbs -0- Over 5,000 lbs 37�/Thous . State Airports: -0- Juneau : 0-5,000 lbs $ 5.21 5,001-12,500 lbs $12 .35 Over 12,500 lbs $1 .20/Thous . Ketchikan: 0-6,000 lbs -0- 6,001-12,500 lbs $6*501 Over 12,500 lbs $1.25/Thous, Jet Fuel Tax 1.50/gal. 2.023�/gal. 2.023�/gal. 3¢/gal. 2.50/gal. Here are a couple of examples on landing fees : Kenai Fairbanks or Anchorage State Airport Juneau Ketchikan CAB/dg Twin Otter 737 Mdl. 200 $ 2 .50 $ 20,60 4,63 38 .11 -0- -0- 12.35 123 e60 6,50 128.75 i �. t �� ► j D --� ZZZZZZZZZZ Z +-+ C ;p mmmmmm:rmrnmm z j Rl -i DDDDDDDDDD D C m r i G7 --q ..i _..I --q � ..q � .-1 n J ! m o rrrrrrrr rr D -� ! rrrrrrrr rr z T ' W CO I ! I i k i i I ; I i Z 4brdWW4�-.4W W W m v Pb 40k .; .A o` W ro W { r ro +-+ rt) rj W ro W r -A r r .f .f r � . s i o 0 •/ r o�WW•.o0•J00�-.c .. ,o 0 .oO.cu00c000-C z a, zr roo,OCu, roo•Io.-orom c ! i ' o v rs3 '0 '0 m L w 0 fi 0 0% ro LO Lt1 o -44bw0W.AW-0.0 it v -4 -0 !0- o o 0 C+^ W O a, W oo -4WWW--J0 M00Cr, .p I v 4 G 4..vv�:v•z�� D r t A 0, u LA I--,r J .-4 rt) a) 0 --4WU N 0 Cr' -41 0-1" `4 Lq i . -44b+i10.101.4-PO4bN ' co a3 (n a) m co m am co €n co ' LQ Lr th Lr r" Ci i 0 0 a` a r r t t I I� i i - ►�o-coww0 00 i 1 �a�Wcrcr�.I�t�IW.I0 0 1Ms I a) cai co w op !m to3 m c•�o� - {o }" }V ' ( 0` 0 - ti - i � 0` � 0% a 0o0o000000 0 I I t I I i I I I I I m 0 0 0 0" rt) 0 W 0` Cr- C;- W W I 0% D co ' r W wcr-mm-0 m-D-0 -0-4 1 r -/ y %W J r %i v M ft. -A o 4h4--, mo0M0O«-o ! o W .c N -9b 0 0 N0 cr, � r r r r -f v .f J .4 .i r im 1 00000000m0 r i o0000000�000 00000000.�00 0000o000�00 f i 1 00000000.400 LO ! 0 O ;o j I i o v�.�0,o-o+jWW-P� ro ;o ..�ooml-W�Wcnt* -n i o Wr�.o.:•:WL��.Iv�: m .I 00000000000 ><�''�''t(7) ' • • • f • f • f ■ • • / —i tR p c� -I U T -0 .o W W I o,, m f -q 0 0 07 u;3 Lr Cn. iO � CJ 4�- 111 10 a law UNAPPROVED KENAI PARKS & RECREATION COMMISSION December 10, 1985 Kenai City Hall Richard Hultberg,Chairman 1. ROLL CALL Present: Hultberg, Siebert, Siekawitch, Wright Absent: Bryson, (unexcused) McComsey, Smith, 2, PERSONS SCHEDULED TO BE HEARD None 3. APPROVAL OF MINUTES of November 12, 1985 Minutes approved as submitted 4. DIRECTOR's REPORT a. Basketball Startup 1 Basketball will start after the first of the year (city league) b. Not Shot Games One regional hot shot contestant -- Becky Swarner c. Comprehensive Plan There will be a work session with Council on 12111 and 12/17 to review the comprehensive plan draft submitted thus far. 5. OLD BUSINESS a. Report on Cemetery The Commission and Director McGillivray discussed Council actions regarding the cemetery that Parks & Rec will undertake b. Playground Eguipmnt The playground equipment was ordered about the middle of November c Gym Sound, System An estimate is in for the equipment from Al ' s Electronics for $1991. PARKS & RECREATION COMMISSION December 10, 1985 Page 2 d. Ramp Enclosure This is the ramp to the lower portion of the Rec Center. We will try. to frame it in with wood and enclose it. e. Ski Trip There were 31 kids and sponsors that made the trip Thanksgiving weekend. The bill for the bus was $40 per hour, twice as much as last year's bus costs. It is questionable if another trip will be planned due to the higher transportation costs. 6. NEW BUSINESS a. Disposal of City -owned Lands - Lot 34 8lk l Valhalla S/D II The Commission discussed a possible need/use for the described property, MOTION. Commissioner Wright moved, seconded by Commissioner Siekawitch that the property (Lot 34, Blk 1, Valhalla S/D) be used by the Parks & Rec Dept. VOTE: Motion failed unanimously. 7. BEAUTIFICATION COMMITTEE REPORT The Committee wi11 not be meeting during the month of December. There was no quorum present at the last meeting, therefore, no minutes are. available. 8. COMM`ISSION COMMENTS & QUESTIONS None 9. ADJOURNMENT Janet Loper, Secretary From Written Copy 1 V j 1 3 t KENAI ADVISORY LIBRARY COMMISSION December 17, 1985 Kenai City Hall. Linda Swarner, Chairwoman 1. ROLL CALL Present. Swarner, Heus, Quesnel, Smalley & Turner Absent: Carson, Reynolds (excused) 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD !None 4. APPROVAL OF MINUTES of October 8, 1985 Minutes of October 8th approved by unanimous consent with correction Mnutes of November 12th approved with corrections Corrections were noted and minutes were to be sent to the secretary to be retyped. 5. DIRECTOR'S REPORT a. A list of book titles of those books which were damaged was presented to the City for replacement. The total cost was $1731.19. Replacement costs will be paid by Landmark Construction. b. A collection development study must be done prior to applying for the grant from the Fred Meyer Trust. 6. OLD BUSINESS a. Addition Update The Commission selected the upholstery colors for lounge furniture, and the laminate for the table top insters as well as furniture for other rooms. MOTION: Commissioner Quesnel moved,.seconded by Commissioner Turner "we 11 install side panelling in sound rooms as well as purchase the 8 extra sheets of sound soak paneling." VOTE: Motion passed by unanimous consent LIBRARY COMMISSION December 17, 1985 Page 2 The addition was turned over to us on December 4, 1985. b. Dedication of Addition The dedication will take place when shelving has arrived and the "move" is completed. It Will be discussed next month. 7. NEW BUSINESS None 8. COMMISSION COMMENTS & QUESTIONS None 9. ADJOURNMENT There being no further business the meeting was adjourned. Janet Loper (from written copy) Co December 6. 1985 N� 4 �' 02�°�' P.O. Box 3703 Kenai, AK 99611 Jeff Jefferson, President KRSN A 215 F i da I go Ave . , Suite 201 Kenai, AK 99611 Dear Jeff: Please accept my resignation as a member of the Kenai River Special Management Area Advisory Board. j Due to the many c omm. i tm. n t s requiring my time, foremost my emp I oymen t responsibilities I find I can no longer contribute to further the cause of planning for the Kenai River. I sincerely believe that there is an absolute necessity of continuing to work out some management plan for the Kenai River. 3- I regret t I can no longer r serve i n this capacity. c i t Thank � g p y. you for your understanding. Sincerely, a � Chris Monfor cc: Esther Wunnicke Dave Stephens v`fom Wagoner z iv F -gZ Resolution 85-46 City of Soldotna A RESOLUTION TO INDICATE THE CITY OF SOLDOTNA'S APPROVAL OF SUGGESTED CHANGES TO KENAI PENINSULA BOROUGH CODES PERTAINING TO COMPREHENSIVE PLANS. WHEREAS, an amendment has been proposed to the Kenai Peninsula Borough Cade of Ordinances which would add the following section to Chapter 21.01: 2I.01.25 Comprehensive Plans The Oily atIMIl in 6V17Ju170110n with 8 rezoningmgy r6Wmmend to the Borough Planning ��rnmi.�sion endAss�mbly e chen� to the city comprehensive Plan. The Borough PlennMng Commission will review the sust�Cornprehensi ve Plan chan§V for significant ne§Vti ve iino�ts on L 8nd U.sa and Trens,vortation in the gr� outsi� the municipal district if the Borough Planning Commission final no signiric8nt native impXts 0xu1- outs40 the municipal district, 817d if the Borough P181717il7g Gbmrnission reommends the Comprehensive plan chgnyv th8Assemb1ysh81/by ording1m8 aVt the ch8nw; and, WHEREAS, the Soldotna Planning Commission and City Council have approved several rezones which are in conflict with the Borough Comprehensive Plan because the planning for Soldotna is several years out-of-date; and, WHEREAS, a mechanism is needed for the orderly change of Kenai Peninsula Borough Comprehensive Plans when first class cities of the Borough make findings that zoning should be changed; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOLDOTNA, ALASKA THAT THE FOREGOING AMENDMENT iS HEREBY RECOMMENDED FOR APPROVAL BY THE PLANNING COMMISSION AND ASSEMBLY OF THE KENAI PENINSULA BOROUGH. APPROVED BY THE SOLDOTNA PLANNING COMMISSION AT A MEETING HELD , 1985. -� ENACTED BY THE SOLDOTNA CITY COUNCIL AT A REGULAR MEETING HELD JANUARY 22, 1985. ATTEST: City Clerk Mayor KENAI PENINSULA BORC H_ BOX 850 SOLDOTNA. ALASKA 99669 , PHONE 262-4441 j b 1 �,,..i• i j i Ott i •ti e_ t i MEMORANDUM wL7 F • q• TO: City Managers and City Planning Commissions THRU: G. S. Best, Administrative Officer FROM: GjC,-.Stephen Cervantes, Senior Planner DATE: December 20, 1985 SUBJECT: Comprehensive Plan Changes STAN THOMPSON MAYOR At present, three of the five first class • cities in the Borough have taken over zoning Administration. A situation arises when zoning is done by one governmental entity and the Comprehensive Plan is administered by a different governmental entity. Title . 29 states that land use regulations (zoning) must, be compatible with the comprehensive plan. That means that rezones are not allowed which conflict with the comprehensive plan. Cases may arise where a rezone is approved by a City Council and a Comprehensive Plan change at the Borough level is also required. The city could process the rezone but the Borough Assembly crust make the Comprehensive Plan change. The attached recommended ordinance would provide direction to the Borough Planning Commission and Assembly. It states, "If, no significant negative impacts occur outside the municipal district...the Assembly shall adopt the change recommended by the City Council". This will effectively say to the City Council when a rezone occurs that requires a comprehensive plan change, if the above negative impacts do not occur, the Assembly will make the change. A Borough Planning Commission public hearing is scheduled for February loth. Please submit your comments by January 31st. SC/tn Introduced by: Date: Hearing: Vote: Action: KENAI PENINSULA BOROUGH ORDINANCE 86- AMENDING KENAI PENINSULA BOROUGH CHAPTER 21.01 - LAND USE PLANNING AND ZONING POWERS TO INCLUDE A NEW SECTION. WHEREAS, the Borough Assembly has delegated the zoning power to the cities of Homer, Kenai and Soldotna; and WHEREAS, the Borough develops and maintains the Comprehensive Plans for those cities; and WHEREAS, situations may occur where a rezoning may conflict with a designation in 'a comprehensive plan and the comprehensive plan may need to be changed; and WHEREAS, the Borough Planning Commission and Assembly looks to the City Council and Advisory Planning Commission for direction on Comprehensive Plan changes; and WHEREAS, there is concern that the zoning and planning efforts be complimentary and done in an orderly fashion. NOW THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: . Section 1. That the Kenai Peninsula Borough Code of Ordinance Chapter 21.01 is amended and a new section is added as follows: 21.01.25 Comprehensive Plans l The City Council in conjunction with a rezoning may recommend to the Borough Planning Commission and Assembly a change to the City Comprehensive Plan. The Borough Planning Commission will review the suggested Comprehensive Plan change for significant negative impacts on Land Use and Transportation in the area outside the municipal ddc. district. a A-0 If the Borough Planning Commission finds no significant Is „1e negative impacts occur outside the municipal district, and if the �w Borough Planning Commission recommends the Comprehensive plan change the Assembly shall by ordinance adopt the change. d� CJ� Section 2. That this ordinance takes effect immediately upon its enactment. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS DAY OF , 1985. Betty Glick, Assembly President ATTEST: Borough Clerk Suzp.• #26 21.01.010_-21.01.020 EB0 4-0 U 0 Ck f. Xi 5YN Chanter 21.01 LAND USE PLANNING AND ZONING POWERS IN THE BOROUGH AND CITIES 21. 01. 010 Powers of the borough and the ci t.J es . 21.01.020 Option --Delegation of zoning powers to cities. 21. 01. 030 Borough and cities --Central files, maps, photographs. 21.01.010 Powers of the borough and the cities. A. The borough shall exercise all planning, zoning and platting powers on an areawide basis within that portion of the the rural ais--ict by Section 21.040.010 borough designated as ( B) . The borough assembly shall be the board of adjustment for appeals made from decisions of the borough planning com- mission. B. The borough planning commission shall exercise jur- isdiction within the rural district and the municipal ai= - tricts regarding planning, plating, subdivision approval, the siting of borough schools, buildings and other borough facilities, the planning and development of transportation networks and related facilities, the overall economic de- velooment of the borough, and regarding borough lands and natural resources. The decisions made by the borough plann- ing commission under this subsection shall ta:Ke into con- sideration the recommendations of the affected municipalities. (Ord. 81-2 §1(part), 1982). 21.01.0 2 0 Option --De leaat ion of zonincr Dowers to cities . A. If ; a city by resolution of the council requests the assembly to delegate the power to provide zoning regu- lation within the city, the assembly shall delegate the power. A city to which the. zoning authority is delegated may exer - cise all zoning powers within the city to the extent that such powers have been granted to the borough by s - atute , except those powers reserved to the borough by Section 21.01.010. B . The city council is delegated the power to establish a planning commission to hear all requests for amendments to zoning codes, or for variances, conditional use permits, con- tract rezoning or to hear all other matters coming under the zoning ordinances enacted by the city. Appeals from a de- cision of the city planning commission may be made to the council of the respective city, sitting as a board of ad- justment. Appeals from decisions of the board of adjustment shall be made to the superior court as provided by law. 178b (Kenai Peninsula Borough 8/82) Supp. T26 21.01.03 0 C. The borough will not be responsible for the pro'- ' secution of zoning violations arising within cities, or for the defense and enforcement of decisions of the planning g _commission, the city council, or the board of ad-4ustment. D . The funding for zoning functions in the cities including administrative costs of exercising the delegated powers of zoning will not be the resnons ibilit of the borough gn �- E . The borough will not be responsible too deend f against any claims for damages, or other liability arising from the exercise o f any zoning in • g power by the city, the city advisory planning commission, or any administrative offic`r yJ of the city. (Ord. 81-2 §1 (part) , 1982) . 21 .01.0�0 Borouarh and cities --Central files, maps, 2.1. , 025 i_ photographs . ?'he borough will maintain central files.. macs . ana other photographs showing the land use status of each area within the city and other areas of the borough and this g ad d information shall be public and made available to the ub1; c P tr _ upon recarues �. and payment of any appropriate fee established by the borough . ( Ord . 81- 2 S 1 ( part) , 1982). it 178c (Kenai Peninsula Borough 8 / 8 2 ) BOX 937 SOLOOTNA. ALASKA 9966E i ke7 CONSULTING ENGINEER Eis C C7 c, 7' -7 4-(, t? 1'ro� �0 l'b December 23, 1985 -•�' 'STATEMENT Keith Kornelis Director of Public Works City of Kenai Box 580 Kenai, Alaska 99 611 Airport Main Apron E xte nti on CAD Project No. 85043 Progress Billing thru December 15, 1985 Professional Services Engineer I - 1.5 Hours @ $67 ✓ Project Engineer - 40.0 Hours @ $57✓ Technician II - 21.5 Hours @ $42✓ Secretary I - 1.0 Hours @ $28✓ 2 Man Survey Crew 3.0 Hours @,,$78. f% 9 �'Z ^zf Laboratory Cores - 12 @ $30 f Asphalt Extractions - 2 @ $140f $ 100.50✓ 2,280.00✓ 903 .00 2s.00-/ Total Amount Due This Billing 234.00✓ 3,545 .50 q'- � 36000 280..00✓ 640.00 $4,185.50 � WUINCIi_ Ur City bigr. - ---�- � P1, x&%Pubfic Work�City Cierk cot Final ce------0 090 Original T Submitted By Council 0K []No []Y.5 - Ck----- R S •aa� _ • t ESTIMATE CITY OF KENAI 1 1 )age .._. ... t N 0 iooc 9000 Pro j ect EAST ALIAK ST. , NORTH HIGHBUSH LANE, SWIRES DRIVE SOUTH HIGHBUSH LANE, AND BUMBLEBEE STREET Contractor Construction Unlimited, Inc. Address 8821 Emerald Drive Anchorage, Alaska 99502 Phone 248-6490 Project No. 8512 Period From 10/30/85 to 11/13/85 (inclusive ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE 1 Original g nal contract amount $768,605.80 2 - Net change by change orders $525424.0R 3 Adjusted contract amount to date $8215029.88 ANALYSIS OF WORK COMPLETED 4 Original contract -work -completed g $578,127.00 S Additions from change orders completed $523424.08 6 Materials stored at close of period $175024.85 7 Total earned + + - 4 S 6 ' $647,575.93 8 10 Less retainage of percent �64,757.5� 9 Total earned less 7 - 8 = T , retain�ge $8.2;818.34 1� Less amount of previous payments �525 503".76 / l 1 Balance due this payment f f-'57.,314.58 cc: Contractor Construction Unlimited, Inc. Engineer Wm. J. Nelson & .Associates OR (4UNCIL & C ?r ubk Vvusks .- .Lj „ity t„erk 4° Fiflfwcr 064ina! Tn Subrnit%x•+ 6y Council 4K ONo [YesCk----- Page 2 o f 15 PAY ESTIMATE NO:�Ll_ EAST ALIAK STREET, NORTH HIGHBUSH LANE, SWIRES DRIVE, SOUTH HIGHBUSh LANE, AND BUMBLEBEE STREET 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 for Partial Pavment are correct; that all work has. bee performed and/or material supplied in full accordance with the re of the referenced Contract, and/or duly authorized dev�'ations, substitutions, alterations, and/or additions; that the f quirements is a ,true and correct statement of the contract account up :� and including the last day of the period covered by this Periodicoing Estimate• that no part of the Balance Due This Pavment has >een received, and that the undersigned and his subcontractors have -(Check app!irable tine] a. 17, Complied with all the labor provisions of s,.�.d contract. Complied with all the.labor provisions of sa:,:! contract except in those instances where an honest dispute exists with re- spect to said labor provisions. (If (b) isWlced, describe hriefly nature of dispute.) e GG t� i _ Construction UniiUlteodl, Inc. (Signature of Authorized Repr 4entative) 19 Title -S) I.J " )Ofeue_ ylERT1FICATION OF ARCHITECT OR ENGINEER l certify that I have checked and verified the above ar°..�1 foregoing Periodic Estimate for Partial Payment; that t d�1eu�°ledge and belief it is a true and correct statemer.: of work performed andlor material su i o the best of my ��cirk and;'or material included in this Periodic Estimate � ppl suppled by the .contractor; that all has been inspected by me and/or by my duty authorized representative or Zissistants and that it has been performed and/or su �Ued in full accordance 'with requirements of the reference contract; and that partial Dayment claimed and requested by the cone -actor is correctly computed on the basis o w vial supplied to date. f ork performed and/or mate- gned f f f Wm.,. -:J. Ne Z�dP(& oA"6Cei6tes Da to •�` 5 t- PRE -PAYMENT CERTIFICATION BY FIELD ENGINI'hR Ch;ee type of payment certified: ._� I have checked this estimate against the contract%,.,)r's Schedule of Amounts for Contract Pavme inspections of theproject, nts, the notes and reports of my and the periodic repur F, submitted by the archittct,,'engineer. work performed and./or materials supplied is acci,ate, that the contractor is observing the lrequirementssro �, opinion that the statement of that the contractor should be paid the amount rcq,�csted above. ui the contract, and �.� I certify that all work and,'or materials under the contract has been inspected by me and that it h,is been plied in full accordance with the requirements of the contract. pe•rturmc:d and 'or sup- Wm. J . Nelson & isde&laitEes) (Date) •'� pproved (Contracting Officer) (Date) ztuF�- 6 CITY OF KENAI id Cap 4 4 210 FIDALGO KENAI, ALASKA 99611 ---- TELEPHONE 283 - 7535 CITY OF KENAI . BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMISSIONS AND COMMITTEES NAME Resident of City of Kenai? How long? /'s 7"— Home Address CC?lytU6^�o_ K-e,Ja Tel. Bus. Address � /,, ,QD X 3,��LI) A-Pktq �T e 1 . Name of Spouse Ve Y-h- A b o rrc) c. J i b Presently employed y Job Title a ,N ,'-P/L) gAj C'e- 9C4 Le r U S cIr Current Membership in organizations: AIL C 4 f f-e__ A_� �e 6 r e? Past Organizational membership: Committees interested in: �GI Aa Scare Eoa✓W L - - Signature rNFo — 7 CITY OF KENAI 0 it "Od eapdal 4iad,,,.4,a 210 FIDALGO KENAI, ALASKA 99611 --- TELEPHONE 283 - 7535 December 20, 1985 MEMORANDUM T0: Mayor Tom Wagoner and Kenaity Council FROM: Randy Ernst, Airport Manage d� RE: Proposed Site of FAA Antenna Facility The administration with Council direction is recommending a four acre site east of Marathon Road behind and to the west of Princess Street with access from either Magic Avenue or off of Marathon Road (see enclosed map). Along with the site location you will find attached some approximate relocation costs the FAA � submitted to the City in October, 1984. Cost of road construction to the site and relocation of the FAA sector maintenance shop would be additional. RE/dg 250• to — 14:129' RD. MARATHON y3KRD- �- --- - -- o i J 1 n� / N t° n' l ra ul � R+ w KRD- 200.00 ' om g 1 (NO2°08'31"W) ... r Gl , Col .no :.l V:C'J T(T ! r z i KRD- 84-261 -- 4 1 265.00' 1 " f .. ! S 02008' 31 E } �, r O •••••••••••••••••••••••••••••••••• ♦ Imo\ • . • • • • • • • • • • • • • • • • • • • • • • • • . • • . • • • • \lam-� 1 .\�.•••••••••••••••••••••••••••••••••• rrl i•��iii•�iii�i•i�iii•�iiiii•iiiiiiii '� � � r 1 ��!l1�� 11�f\1`.� ii•••�ii•�ii•i�i•�•iii•iii•••�•ii••i•• r �• N N r r � / l- r � f- i'_ ! �- �• i�i ice• � • i � iiiiii • i�i • i � iiii • � iiii • i A - ♦//♦� �': A�- `�. • i iii. ii • iiii ••iiiii •i ......... •i iiiiiiii 1: ~ �� f-,1-'- .��l� f \�_ • i iiiiiiiiiiiiiiiiii • � iii • ii •iii ii -,• ` ♦ i tom' 1� / �♦ r\.G •i• iiiiii • iiii • iiiii ••ii • i�ii • �- » /t. �`/`�'i /1/Ili~�•••.••••••••••••••••••••••••••••• cq '� .i ♦ h�ri� �r!-ram i\ _, ♦7 \I.1\c \ \- I / i I / i ♦ i / Y' / '�/ � l -1- ♦� �♦lli� 1�/-err\!\� �1i �� %� ��l -`�\l• \�1i�11i li\-♦��♦- I Tf n `,\�I1,�,�1 � /I \��:.` � lli 1,\ �.� it _�♦-�i-1 ♦ r, ♦l �`l`� li`l►/1i,1 \� �� t../ � Ci ♦Irl-♦��/l �\li i; lam`/� 1�j!��/��\i��l♦li��`�/1i\�-\.��/Il�r\I� ! � � + n `� i N 0' 0 5 W 6 20. 54 ^, o t O` i } n � l KRD-K 1447 ¢ i F \ 05Z s n BELUGA DRIVE' �`-�� ( D 9 - r 60, 1 5412 Ws 1 `k 84�F, - $ PRINCESS STREET 3 J`'05 E 660.26 ) KRD ; 7 .r J ^'.1 L 1i`/� r - �- �i•\�. --------- -vim i1 '\ `, C C rm CRYSTAL ST s' r -•1 . �/•+ Syr. Relocation of the Kenai RCAG and EOF RCAG Relocation to EHA VOR, with microwave system to ATCT EOF C-) Relocation to AFSS - requires 2500 square feet of floor space - relocation costs Operations areas t103400. Communications consoles and equipment t25)600. LP Antenna $22, 000. Conical Monopole Antenna t913,0009 Wire Antennas t39)000. FM Antennas $21600. EOF Relocation Cost: TOTAL RELOCATION COST: tsz,000.00 $19C►, 60G. 00 $244) 600. 00 r _ t S 1 •r U.S. Department • of Transportation Federal Aviation Administration INFORMATION: Relocation of the Kenai Remote Subject: Control Air Ground (RCAG) and Emergency Operating Facility (EOF) Fro Jo D ' Cswig Planning Officer, Maintenance Branch, AAL-460 To. B. W. Franklin Manager, Maintenance Branch, AAL-460 D r' f 15-141- aie. 14,rcl�ll - Repay to Alin of: Pursuant to vacating the FAA's plot at Kenai, which now houses the RCAG, EOF; and sector maintenance shop, and the subsequent relocation of these facilities, the following information is offered: A. RCAG Current plans call for the existing two -channel RCAG to be increased to three channels during FY-85. Either a two or a three -channel RCAG can be relocated to the VOR facility at a cost of $15, 000 for moving/reinstalling the equipment and antenna, and approximately $37, 000 for a six -channel microwave system to interconnect the RCAG voice and control circuit to the Kenai ATCT. Relocating the RCAG will require flight check testing of the VOR to insure the air -ground antennas do not interfere with VOR operation. This expense is included in the above estimate. Total RCAG Relocation Cost*- $525 000. 00 B. EOF The present EOF consists of a 31' x 40' main operations room with 16' ceiling, a 10' x. 12' communications center, 9' x 14' and 10' x 10' radio rooms, and a 20' x 31' mezzanine area which houses a kitchen and lounge. Bathroom (including showers) and storage areas comprise the remainder of the facility, totaling 2, 460' square feet of usable floor space. Should the facility be relocated, similar sized rooms would be required under the current operating concept. The facility utilizes four antenna systems; a steerable Log Periodic (LP) HF antenna atop a 100' tower, an HF conical monopole with 60' tower, three HF wire antennas mounted on 60' poles and an FM basestation antenna. Relocation of these antennas would be required in moving the EOF, as would the associated radio equipment. Care must be taken in choosing the new locations for these antennas in relation to their distances from their companion radio equipment, as weI 1 as other existing and future structures in their proximity that may cause signal shadowing in the directions of desired communications. N Estimated relocation costs Ior the EOF are shown below. Mimimum plot size is given for each antenna, and does not include spacing from structures (1) Operations areas including associated equipment, wall maps, kitchen, etc. , but exclusive of communications equipment: (26 man -days) t10, 400.00 (2) Communications consoles and associated equipment: Labor (54 man -days) $21, 600. Freight 1)000. Material 3)000. t25)600.00 (3) Log Periodic Antenna (a) Required level plot size: 200' diameter circle (31,400 sq. ft.) (b) Costs: Labor (30 man -days) $12, 000. Equipment Rental 5,000. Freight 15000. - Material 4)000. $22, 000.00 (4) Conical Monopole Antenna (a) Required level plot size 120' diameter circle (11,376 sq. ft.) (b) Costs: Labor (160 mAn-days) t64, 000. Equipment Rental 10)000. Freight 2)000. Material 15,000. $91.000.00 (5) Wire Antenna (a) Required level plot size: A trapezoid with a maximum width of 270' and height of 185' (30,195 sq. ft.) (b) Costs: Labor (5 0 man -days) $ 2 0 , 000 . Equipment Rental 7)000. Freight 2)000. Material so 10)000. $ 3 9 , 000. 00 3 (6) FM Antenna (a) Required plot size: N/A (Can be mounted on building top or atop wire antenna tower. ) (b) Costs: Labor (4 man -days) tl,600. Material 19000. t2, 600.00 Total EOF Relocation Cost: $1903% 600. 00 Note: Above cost assumes required plots are already cleared and level, and f enced as required. C. Sector Maintenance Shop Anchorage Sector has advised that they do not require the maintenance shop to be relocated. No costs have been included for this item. D. EOF Relocation Site Criteria It has been suggested by the City of Kenai, that space could be made available in the Automated Flight Service Station building (AFSS) to house the EOF. Relocation of the facility to the AFSS appears feasible if the following items are satisfied : r feet floor s (1) Approximately 2,500 square ee o f pace is added to the planned AFSS building. The shape and size of rooms, and height of ceilings to be acceptable to the FAA. Current ceiling height in the main operations room is 16 feet; all other ceilings are standard. (2) Additional parking facilities for approximately 15 vehicles be provided. (3) Approximately 73,000 square feet of level, fenced land on which to erect antennas is provided. This plot location must permit coaxial feed runs not exceeding 250' from EOF communications equipment to each actual antenna (not base of towers). The currently planned location of the AFSS, just east of the ATCT, is of sufficient distance from the existing runway to permit erection of 150' or lower towers using the 7 to 1 maximum slope starting 500' from runway center line. The City of Kenai should submit a request to FAA Airports Division to allow erection of 110' or lower towers on the plot selected. It is suggested that the City of Kenai do this, versus handling the matter in house, to preclude future conflicts between the Ci-y of Kenai and the FAA, should the City of Kenai desire to construct a general aviation runway in the vicinity of the AFSS planned location. ( See attached Airport Layout Plan for Kenai.) .y_ :,r, ' 4 E LJ Other Considerations (1) Log Periodic Antenna This antenna because of its directivity and forward gain is currently our prime HF antenna for communications to/from Washington Headquarters and other FAA lower 48 locations. It cannot be adequately replaced with other than a similar type antenna. The antenna we currently have was manufactured by Granger Inc., who is now based entirely in England. Replacement parts are both expensive and have a very long lead time. Comparing the numerous problems we have experienced in attempting to maintain this antenna in workable condition with the importance this antenna has to our EOF communications capability, and coupling that to the lack of maintenance personnel available in Kenai both now and in the future, it would seem very feasible to consider a transportable replacement antenna. For example, Telex Communications, Inc., now manufactures a 4-30 MHz Log Periodic Antenna with self-contained 6' tower and power sources all mounted on a trailer that can be towed by a pickup truck. It can be erected by as few as two persons, or a team of four in less than two hours. It can be erected in up to a 30 m.p.h. wind, and will withstand up to an 80 m.p.h. wind once in place. The cost for this particular antenna package is about t843,000; approximately the replacement cost of our present antenna, (2) Conical Monopole Antenna This antenna is an omnidirectional unity gain antenna covering- only 6-13 MHz. Its usefulness is very limited given our assigned operating frequencies of 4-17 MHz. A series of three 150' wire antennas, set at 120 degrees to each other and properly orientated, would be less costly to relocate and would provide 2-30 MHz coverage in an essential omnidirectional manner. These antennas would be mounted on 60' poles or mini towers and be lowered via a rope and pulley system. (3) EOF Operations Area Prior to final design of the operations rooms (main and radio rooms) , the overall EOF operations concept should be revisited in its entirety. This is a time consuming adventure, but needs to be done in order to provide an efficient facility. (4) Relocation of EOF to AFSS Building The national standard drawings for AFSS buildings indicate approximately 10,000 square feet of floor space. Air Traf f is has indicated that all of this space will be on a single floor and is currently planned to be fully utilized. It is suggested that if an addition to the AFSS is to be used for relocation of the EOF, a basement area be considered. Such an area can be made more damage resistant than above ground structures and lends itself much more favorable to the EOF concept. This area should be fully self-contained (restrooms with showers, kitchen area, storage, etc.) to facilitate on -going EOF operations. 0%,55b Q;W lAk U.S. Department of Transportation oil irii Federal Aviation Administration INFORMATION: Subject: Proposed Operating Concept, Kenai EOF From: Donald T. Keil, Jr. AAL- 2 To: Record Date: November 26, 1984 Reply to Attn. of: 1) FAA "horseshoe" operation area and an NDER area, each equal (essentially mirror image) 2) Joint access by the FAA operation and NDER area to the communication system is necessary 3) Common access to office administrative equipment is desireable 4) Common access to rest rooms and "mezzanine" snack area is essential 5) Layout could be any alternative that provides the above. Floor Space: 1952 sq. ft. Bottom floor (Now existing) 640 sq. ft. Mezzanine snack area (Now existing) 2592 sq. ft. Total (Now existing) 1632 sq. ft. Added to accomodate NDER operations area (Proposed) 4224 sq. f t . Necessary for joint facility Drawings attached do not show all office equipment and furnishings. IL< & ............... r.............. ii ............... ................. December 13, 1984 ................. ............... .................. ....... Honorable Tho=as Wagner ................. Mayor, City of Kenai � :......:::�:::: 210 Fidalgo ::::::::::::::::. Kenai, Alaska 99611 ............... Dear Mr. Wagner: I want to express my appreciation for the meeting at Kenai on December 7, 19849 and for your hospitality. ::::::::::::: Enclosed is a document that reflect the subjects discussed during our visit. I believe it can be used as a basis from ..........--- which we can jointly pursue the issues raised. :.... ::::::. Sincerely, ........... t ............ Franklin L. . Cunningham ... .................. Director ................. Enclosure ................. ...: ...... ..... DTKei1: j 1Jaa1-2;x5646;12/13j84 .--.. ... .................. .................. ................ . .............. ................................................................................................................................................ ........................................... . ZJ. FAA. Officials: A ..1� Dr_ • KENAI CITY FIANAGEH.E.NT MEETING WITH FAA OFFICIALS Don Reil E.I. Williams Paul Larson "Sis". Williams Bob Stinson Jack Twiggs Bill Toppa DECEMBER 71 1984 +. Uncate c- Airport Master Plan �. -�oct Mane Basin 4 • s Recuest to Review ApDraisals 5. r.^tennae and EOF Relocation. Kenai Officials: n- C rTI C T C`'' C0�'CT TI S T0V SUMXfiV V - (' d `- 'A . ) • A,�� I A 4 Y*-� OAT Bill Breighton Tom Wagner John Weiser Sally Bailey Terry Stocker Jeff Lebon Jess Hall 1. T�oc=te of master plan is needed. It is elibibie and FAA would be :'e.cep t_ve -o proposal • �'' t ��,, w =. Float plane basin is on current master plan, shown as area where borrowing t% cf of a-: el is occuring. Discuss -.Lon also focused on the possibility (AAL-600) C rant which could include an environmental asses nt -• �s' ,,.. associated V-ith float plane impact. FBG site issue is tied into the ai--poit roaster plan. Associated with (AAL-50) -�= s s•sb j e C is a question of C P area. Does CAP ovr. land? Could Cr.P ''Sell" erty� ro ' be sold to anyone, aviation � p p and -if so, could it r e l a t e d or no_? 4 . F:.A' s request to review appraisals. Appraisals are a requirement of cite code (valuation appraisals) . Kenai management is concerned about `.�•- Fi..ti's "tug: a=Quad time" if thev are sent to FAA for review. The city l iv trti• .ng to streamline their operations. ' 5. Antennae and/or EOF relocations. Considered two separate subjects for discussion:. F.Lk does not need to move either, but the city desires prese-:t site for other development. r_^te::::ae siting needs to be explored if feasible technologically; then (AAL-400) cba^. cs and timing if any move needs development. City to pay costs. W- visited as part of faniliarication with development of alternatives. F& r. is operational at that site, needs to incur some refinement to more (AAL-4 fu11y accc=odate both FAA and NDER during a crisis. City is proposing AAL-5L, ,) to develop a full basement to I- SS and will proceed with design. �, _ f 7 SSL7S SUI^.;ARIZED: r ` • . Nature of land title at current site - what options are there to mi imiz cost or cash flow. (Especially, could the city "acquire at no cost (AAL-50 lease?" Rather than having a cash flow into the airport fund?) AAL-600) 2. Could half, or thereabouts, of the basement in the AFSS be utilized O VLC ' be the city for their vital records? Other half used for EOF (FAA /(AAL-4 & DOT)? what provisions would need to be made? Citv will develop _ AAL 500 -w - — AAL - 7 0 0)1/ cr aw•ings . y3� .�- A 3. Would FAA be able t underwrite some of th costs associated with enhancement of ro-.'007. faciliry? (i.e., internal finish and additional equivalent (AAL-4 of hTER 'expansion"?) No FAA sources of funding are currently available. AAL-30 )� 4. TWTnat is "title" or transfer history on CAP land? (AAL-50 L/ AAL-600)v • the Cite. alp o: above, timing is an iraportar,t dimension for t. T, A100e D I)Vp 1"`.) �-�'.Lh�� .t,�, ;_►_L,q,,,,�./�-.��,,�,fl�.� �1�1—+4./✓�•,,,I��! `-�-.. �,J `��L•'� - , ow ..rrr � 'J`f.� �� .-'4._.r��.. ✓.�w.�ir� / ! f ^,� i �., r, e� .A.� `� '� �,. 1. �eL� ..! v isst . F • c c. JI, IL v `� ! :�, ti � . � L t r.�-'.� •-�" � �" t-_. � � v �..� 1 ti ��`' � �7 SJ M � , � : ''�' Q,;� r i-� f I fr� 1- f k 1 {i : •�../ � 1 � - ' ''" ` dry �1•�[...� ' � � ` c- . _ - fir. _ �/ • .. ' .,r . L,. � t t —... . , - t . �„ •! , r; . , .t..--�- - £-? � � �, r' ..r CITY OF nLi1 P,I 0 C'20 a /I 4.. 411 ad .__ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 December 27, 1985. Arthur S. Robinson Attorney at Law 35401 Kenai Spur Hwy. Soldotna, Alaska 99669 Dear Mr. Robinson: We are in receipt of your letter of December 17, 1985 in which you requested that we look into the feasibility of releasing the bond which Mssrs. Church and Paxton undertook in compliance with certain amended lease provisions.. The amendments to the lease required compliance with exhibits A, B C, and D not just C and D as is implied by your letter. I have requested the City Engineer, Jack LaShot to inspect the Kenai Bowl to determine whether there has been a material compliance with the terms of the amended lease. My initial feeling is that there is not compliance in light of the fact that no substantial landscaping has been done.. Mr. LaShot may, y however, have a different opinion. I will be in contact with you office as soon as I receive the report from the City Engineer. Si ✓� !'' Cam, Tim Rogers City Attorney TR/ j rs Robinson & BeJeswe nger LAWYERS Seward Office: 810 Third Avenue Seward, Alaska 99664 December 17, 1985 Tim Rogers Kenai City ,attorney 210 Fidalgo Kenai, AK 99611 RE: LOT 3A, SPUR SUBDIVISION Ov 21 1983 DIVISION Dear I�r. . Rogers : Soldotna Office: 35401 Kenai Spur Hwy. Soldotna, Alaska 99664 (907) 262-9164 On or about January 9, 1985, the City executed an amended lease with Walter Church and Fred Paxton d/b/a F&tti! Development. According to the amended lease, the lessee was to deposit the sum of $35,000 in an escrow at National Bank of Alaska, as security for performance of the work required under Exhibits C and D of the amended lease. This escrow or bond amount was to be retained pending notice by the City of Kenai that the work had been performed satisfactorily. I have been informed by Mr. Church that the work required under Exhibits C and D of the amended lease has been completed and I have been asked by him to request of the City to release the bond in the ainount of $35,000. Enclosed please find a document from National Bank of Alaska, wherein it states that NBA took into safekeeping a performance bond for the City of Kenai from Walter Church, bond number 004946, since the work required under Exhibits C and D has been compelted, please forward a notice from the City that the work has been satisfactorily performed so that this bond can be released. If you have any further questions, please do hes i tote to c:ontuct me, Sincerely, i?-L; Arthur S. Robinson Attorney at Law ASR:sb Enc , Amended Lease cc: client ARTHUR S. ROBINSON 0 ALLAN BEISWENGER CITY OF KENAI 0 a eapliw 4iaod4a it 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 To: Jack LaShot, City Engineer l FR: Ron Sutcliffe, Legal Assistant 11 RE: Church/Paxton- Kenai Bowl Facad"i and other improvements DT: 12-27-85 Jack: Attached hereto are exhibits B, C, and D which were incorporated into Church/Paxton's lease. An amendment to the lease requires the lessees to complete construction in accordance with these exhibits or default upon a bond. Tim has asked me to request that you inspect the premises to determine whether the lessees have in fact performed their part of the agreement as set out in the exhibits. Please respond at your earliest convenience. TIM ROGERS CITY ATTORNEY CITY OF KENAI O !Ox SW KENAI. ALASKA 99611 M-7S?D AMENDMENT TO LEASE That certain lease between the City of Kenai and WALTER C. NURCN and FRED PAXTON,.dated October 7, 1983, and recorded at ook 221,,Page 824, covering the following described property Lot 3A, Spur Subdivision No. 1, 1983 Addition s hereby amended as follows: 1. The application for lease shall be amended to incorporate the following: "Exhibit B": Landscaping and Parking Plan for Kenai -Bowl "Exhibit C": Building Design - General Notes and Scope of Work - James A. Bradley, P.E. "Exhibit D": Standard Facades for Behlen Convex Buildings 2. Completion of Construction Phase I: Construction of convex steel building shall be accomplished with the plans and specifications submitted to and approved by the Building Official. Said construction shall be completed prior to October 1, 1985. Phase II: All improvements specified in the plans and scope of work designated in Exhibits "B, C and D" shall be accomplished on or before December 31, 1985. 3. Escrow Requirement Lessee shall be required to escrow the sum of $35,000.00 or submit a bond in that amount to National Bank of Alaska as security for performance of work required under Exhibits "C and D". Said escrow or bond amount shall be retained pending written notice by the City of Kenai that said work has been satisfactorily completed. ie preceding shall supercede and/or amend the original lease )plication incorporated by reference in the lease agreement to ie extent not addressed or inconsistent. LESSOR: CITY OF KENAI By: . Im. J. righ n C i t y anager LESSEE: C/wv )rol c9 X A WA V olE C. CHU CH EU F' X 0 ' . a f IL -X STATE OF ALASKA ) - t ' ')ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this WL day of << if 19859 WALTER C. CHURCH, being personally known to m or hav 9 Produced •'satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. ' Notary Public for Alaska; My Commission Expires' ; STATE OF ALASKA ' ) ss THIRD -JUDICIAL DISTRICT } THIS IS TO CERTIFY that on this day of _Onmllm? 1985, FRED PAXTON , being personally known to me or 4v ing produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. 2&� ��Fmf "I Notary Pt ic for Alaska My Commission Expires: - - } , STATE OF ALASKA - ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 1-;�CtIM , 1985, WILLIAM J. BRIGHTON, City Manager of the Cit of Ken , Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared b,efir me and acknowledged the voluntary and authorized execution of they foregoing instrument on behal of said City. r tary Public for Alaska My Commission Expires: I r V7 c r CJ 2 r? - vp IN THETRIALCOURTS FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT CITY OF KENA4- Plaint!'",.: VIL. DONALD D. NICKEL;- - RELEVANCE UNLIMITED, LIFE SCIENCE CHURCH, CHAPTER-- 101127.- AND SOUTH 800 FEET 7 -OF BLOCK ONE, ETCe.-.. Defendants.': 4; v. Case No. 3KN 85-128 cl.: NOTICE OF SALE ]UPON EXECUTION .Pursuant to an execution In the amount of $1 9120.19 issued In this action, I have levied upon all the right, title, and interest of Donald Nickel, the Life Science Church, and Relevance AJnlimited, in the following real property: The South 600 Feet of Block 1, Mommsen's Subdivision !.z;;t-"No. 2, according to Plat No. K-1 318, Ned in the Kenai Reoor a. ding District, Third Judicial District, State of Alaska. ,.T- NOTICE IS HEREBY GIVEN that said property vAll be sold to the highest bidder for cash at public auction at the main door L._- of the Alaska Court System Bulding,.145 Main' Street LOOP, Kenai, Alaska, on January 179 1985 at 1: 15. p,m., to satisfy said execution and costs thereon DATED: This 26 day of November,, -1986': i67i John C. Parker Officer of the Court ZIA PUBLISH 12113, 20, 27, 1985 1139 1986 392,81211 now Enac Con=unity A PUBLIC LIBRARY IN SERVICE SINCE 1949 Box 157 KENA1, ALASKA 99611 REPORT FOR THE MONTH OF DECEMBER 1985 Circulation Adult Juvenile Easy Books Fiction 966 235 631 Non-fiction 1224 84 152 Total Book Circulation. 3292 Films, Phonodiscs , Pamphlets and Periodicals 399 Total Circulation .. 3691 Additions Adult Juvenile Easy Books Total Gifts 14 -- -- 14 Purchases 53 3 29 85 Total Additions.. 99 Remedial and Re -worked Books Adult Juvenile Easy Books Total 29 2 1 32 Interlibrary Loans Ordered Received Returned Books 44 52 53 AV 36 36 35 Interlibrary Loans by our Library Books 22 Films/AV 82 Volunteers Number 34 Total Hours 439 Income Fines and Sale Books 602.05 Lost or Damaged Books 111.90 Xerox 91.50 Donations -- Total Income for December 1985 •• $805.45 X1,enai CommunityZdzapm A PUBLIC LIBRARY IN SERVICE SINCE 1949 Box 157 KENA1, ALASKA 99611 Library Cards Issued December 1985 Kenai 86 Anchorage 1 Clam Gulch 2 - Nikiski 5 Ninilchik 1 Soldotna �7 Sterling 1 123 Library Patronage 4,754 Persons Bill Brighton City Manager City of Kenai Kenai, Alaska 99611 23 December 1985 Dear Bill: kaspr'isi, design group 19 JUVWrECTUM •iTRB.AN PLANNING-00I2MUN= D=GN.. architects., and urban planners 2510 fairview ave.1 e: wattle, wa. .98102 206 - 328 - -0900 As I explained to Janet.Loper, I have been waiting on some clarifying in. formation from the State ref Alaska regarding the use of the historic:.prop- erties as ways to obtain development funding. The situation in Kenai is as followse. 1. No historic district exists which would permit application for . historic building rehabilitation loans from the state; 2. No other financing programs through the state are presently available for the private sector historic buildings: The following options are available to the city and landowners: 1. Establish a historic district and commission, registered (_certified) by the state; once this is accomplished, private landowners with qualifying historic structures can apply for direct loans with the. state. Since most of the historic buildings are small scale, this avenue may not prove cost effective for owners looking for major development funds. The establishment of an historic district would not negatively impact non- contributing buildings. Based on my inquiries with the state,there would be no restrictions on buildings which do not contribute to the historic character of the area. The state legislature has before it a proposal to eliminate the state's first lien rights on the historic loan. Also up for adoption is a proposal which would eliminate the condition that the individual project be located within an established historic district, a condition which is delaying qualification .of many projects under this program. These proposals were tabled last year and are expected to fare better this coming year. Bill Brighton 23 December 1985 page two 2. My recommendations for the project' s future are as follows a. The city realign the street pattern for the Townsite; the city should adopt the preferred alternative,'survey all proposedrights- of-way and private property changes, and hold public hearings. Once adopted, the city can finance the Main Street and Overland Avenue changes (land acquisition and preliminary grades and drainage) through capital improvements. The remaining right-of-way changes could be implemented through a local Improvement District (painful but effective) , through EDA grant funds, or capital improvements. I do feel that the EDA approach has ment (.i.. e. , Haines -Ft. Seward) and --would be. happy to make contact at the .. Seattle office if you want to persue that +.approach. b. The local banks., with cooperation from the city could establish a revolving loan fund for local property owners. With city seed money and lending rates., perhaps -around 8% the owners could borrow from the fund for develop- ment monies c. Some of., the property owners should establish a local development corporation for selected private sector projects. General partners can consist of property owners for equity participation and general partners for operating capital participation. Limited partners will provide investment capital and receive investment tax credits, where appropriate, for historic struc- tures. While the historic structures are small, they may provide added incentive to otherwise qualifying projects. Even if the "tax reform" package passes, our sources indicate that the ITC for historic structures will be retained in a watered down status: 20% ITC instead of 25%, and a 33 year straight line depreciation instead of the present 18 year. Based on present politics and administration policies, there do not seem to be other options at this time. If a case can be made with the National Park Service to provide additional funds to.the church, more work on restoring the existing church building is possible. . I am enclosing a number of reports which may be of some assistance. :They are Omak, Port Orchard and excerpts from Fort Seward. The Snohomish report will be sent in two weeks although it was mainly a market feasibility study for the historic district and not an implementation plan. In summary, until the legislature removes the historic district requirement and first right to lien, the property owners of historic and/or architecturally significant buildings should 1) contact and lobby their local representatives, and 2) proceed with development but work around the significant buildings. The city should proceed ASAP with the street re -alignments. S*ficjfrely, 19 J. Kasprisin, AIA, APA of -Dottfand fcep. of tlia &Oayoz anal Council i 0 3 � 03ECasaLE �a o City C}Vatf 3$9 Congtcss csttaat !Pottland, &Rains 04101 (207) 775-5451 Ext. 340 r" r�'ontents �l� ou i I n trod LICLion Places and Spaces State of the .,Nrts z. Our Legacy TL,st tot- Fun For the FLIture Cn*que Opport I tv )l TT -1 Exp. 5 PAI ow to Ol �Ax ".III ci Reco DEAR FRIENDS OF POR TLAND, The Jetport ... Deering Oaks ... the new Library... Meals on Wheels ... the Longfellow Statue ... the tulips on the Promenade ... These are but a few examples of what makes Portland exciting, examples that bear out the vibrant personality of a city and its people. Those who live here, those who work here, and those who visit have had the pleasure of all that Portland offers. But there is still much that can be done to make the city even more exciting and livable. That's what this booklet is all about. It is a gift catalog of items that would add to the warmth and vitality of Portland, making it an even finer place to live, work and visit. The items in this book come in every size and shape, with a variety of price ranges. It is a catalog of "ideas" meant to stimulate your thinking about ways to provide that extra touch of excellence or excitement to our public environment. Please. join us in enhancing our city. Participate with your neighbors, friends, clubs and .those with whom you work to make some of these ideas a reality. Every gift you give will be a contribution to our community. You will also, in many ways, be7 giving a gift to yourself, because as -Portland improves, we all benefit. Thank you for your support as we all work together to make Portland the finest environment for living and working. The Portland City Council Portland, Maine Now Iry w . 16 46 Ail J� au Lie I Yt'p x.0 �Ilb i i• �. " ..� fir" w t'•'f -+ )-"- eWAW rt .10 �w►"� c ti ■ yam. S S MON 487f, i e ;r Fr { � J 1 K .� �� \NSF ��. _.. \ h i /S� V_ 7� 1i \J f\ 1� A (�• C -� "v C `�-� 0.> . ,,,,� J A Y, T •3 hir.t . .,>:i.. .e:D.. 't„/'4S. �Li .�s.� �.r ^vt✓'S� may �-� "",..r.. i..ii✓, •'1..-Fill+ '+'t1✓<:...+' b'`.r Portland is blessed with a splendid natural setting. The City's parks system enhances it. The fountains and plantings, the ponds and the duck house are just sonic examples of ivhat Portland has to offer. Over the years, generous citizens have given Portland many of the parks that ive enjoy today, including Baxter's Woods, Deering Pines _ind the Deering Oaks Fountain. Yet, there is so much more that can be done. Trees Would your street benefit from an additional shade tree? would you like to honor a friend or relative with a memorial tree? Would you like to help re- forest areas like Baxter Blvd.? Portland's stately elms once gave it the name of "Forest City". The elms fell victim to disease but you can help Portland re -earn its name by giving a tree to be planted in a spot of your choosing. Minting of a 3 " stook tree 50 Deering Oaks Swan Boat Purchase and provide a landing site for a Swan Boat such as those to the Public Gardens of our later neighbor to the south ---- ti 5,00 Landscaping Projects — Create attractive lanclsc:ipitio; to bc.-:ltttify st.lch areas as: BoO tllby Sgtmire — inclu(ling a fotimairi ,S5 9,000 Ltitrance to the F 1S11 1)1f11' `� % ,�i00 (:its hall Plaza '00 Plants — Whether your interest is in exotic new roses for the Rose Garden or tulips for the spring flower beds or summer flowers around the Longfellow Statue or for the downtown planters, there's a spot for you. Sponsorship of a flower bed — 300 Planter or a row of plants — s 50 Rosebushes — 6 Trash Containers — flow better to improve the view than to pit litter in its place with plentiful, INIell-positiolied, irides tructable trash receptacles. Trash Colit;llners - each , .200 : WM.�4 Swan Bont.s, Deerim4 Oaks, (irca 1 S90 ,.n;..e ,.jH ; E k•Y 9 t v Lintuln Park Fountain. NS3 Lim-oln Park Fountain, circa 1890 Lincoln Park Fountain — Bring the beautiful, 1 nth century, cast iron fountain in Lincoln Park hack to its original splendor and make it Ol_ ,rational once again - 1 ?,000 Park Benches — I-Ioiv better to enjoy the viel%r, watch children at play, or read the morning paper than on a hark hunch 'Il your f avori to park. Benches each 150 Adopt -A -Park — Do you and your nci hbors have a favorite community park, Close to horrre Or Work, that yOU Use a lot? You mid your friends could adopt it and ,give it that extra lave and Mterrtion that would make it flourish. "The Cost to vole IS In time aria energy. The City his a program to help yotl xvith organ- ization and ecluiplilerlt. .Vdopt- A -Park — C:�II l 771- l i l, 'Ask for Gift catalogue. Bridge and Pond, leering Oaks, circa 1890 Friends of Portland's Parks — Are you eager to contribute to the improvement of our parks? Friends of Portlanci's Parks is a segregated trust fund to which you can give or leave funds, which will then be used exclu- sively for the parks. The Friends Board will recornmend projects to the City Council as funds permit. Friends of you fill irz Portland's Parks the arnount Greenhouse Reconstruction - All of Portland's 1)1�111tings are grrovw7I1 III ("ltV greellh(Ilises that are 70 Wears old and in need of major i-cfiabilitation. Rc1(x-atioli and I-ccoilsti-11'( doll 1ti'ol1H InAx M11, gl'ef_'1111ollse ()1 crat IOIl s 1110R' prodtictivc and cl-lcl g�' Planters — Interested in adding some greenery and living color to sidewalks and paved plazas? Planters provide a little piece of park in the midst of concrete, brick and glass. Granite planters — 175 Wooden planters — each , 120 Permanent Information flaps — I Have ymi ever stood on the Eastern Prom looking out over Casco Bay wondering Just which islands votl I'Vere seeing' Per- manent lnfornlational maps located on the Eastern and Wes- tern. Proles and in Longfellow Square ��.Tolild help orient resi- dents and visitors alike. Klosks — each 5' 2, 00 Picnic Tables — Taking the family to the park for a picnic supper or looking for a spot for lunch "al fresco"? Picnic tables are just the thing. Picnic tables — each 150 atow Art lifts the spirit, inspires the soul and adds richness to the community. Murals or statues, music or puppet shows each gives us a new perspective to our lix"es. Portland City Hall AudltorlLIIII -- Tired of sitting on those hard seats in the balt-onv? Interested in improving the performing fac.-il- ities? There are several gift possi- bilities in the auditoriLim. New balcony seats one seat 200 — oile r'oI%l �S 2,500 Entire l st balcony 51309000 Entire 2nd halcony 98,000 1 cNv stage floor f 5,00 Aud1101-Mm drapes �, 10,000 Exterior marquee and canopy 3,200 Portland Svmphwi'v Orc hrtra - Bruce Arts in the Parks — Arts happcil1ngs in ow, parks and plazas make the City coltle alIVC'. From parades to small per- forillanceS to lal' e coliCe1'ts, yotl can Flake Portland sing by i_l l lderwri t i n y ail CVC'n t SLICI I as: Ptlppet ShOWS, dallCe & theatre performances 150 Baled i 00 Symphony ("'011CC11 mJ000 Performing Arts Shell — The foot of the Pastern Proillenade sets the stage. What. a natural place to build a perillailellt shell for the performing arts. II1lao;ille SlttitlO oil the lllllslcle on a st111111ler e�'etlill eil)c)`'i11 �'t)tlI- favol-ite pei,forI cl-S Set against the back-- drop of, Crisco Bay. Pcrf,01,I71In( Arts Shell y52- 0,000 Portable Outdoor Amphitheater — What kind of facility provides a stage for a symphony concert oil the Eastern Prom or a play ill Deering Oaks and brings art out to everyone? A portable stage complete with lights and sound system. that folds out of a tractor trailer tr Uc k can it cvt this goal. The 11t111lbe1' Of f)otential uses is limited only by N-OUr 1111agiflatlon. Portabic ililphitl-lc'ater S100,000 Dead Pearl Diner, Portland .tluscum of Art ►p► 1 t Alor uinent Square Kotschmar Nlcnlorlal organ - Did N-()u knc)x1f that Portland has in its C;itV Hall ALI(litOritlnl a lzn KILIe and remarkable concert orgaw «'ith the help of the Friends of the l otschinar Or an Inc. this IllagnificaIlt I11StrtlIllent is belli oNvi-hatlled and restored. You call help with the restoration or the continuation of ollr 71 Nrear old tra(litloll of free organ concerts. Restoration of notes in one stop 1,000 Repair of cymbals and hells 2,500 Restoration of the "toy box" (harp, (11-ur11s, mal-irnl)a, arlci more) 35,000 Sponsoring one free concert S, 350 Sponsoring the whole serifs (1 concerts) w 2,500 Public Slatllal� Statues have gj-ace(l mil, (.()II1- I1111111ty for cclitlll-ICS cOtllIllc'II1O- ratilig faIliolls lildivi(lllals, wm— VeterallS arl(l lOhStc'rIlleil or 1 list adding llltCRIS1 to t11e pllbliC WM'. All have lx,c'n lifts of g-rollps or 111(lividlials. 1 licl-c are so I1lailly I110I'(' that cotsl(1 ellhan(-e tllC C itv. C,onSl(1er S11c11 011tSiCIC locatloIls as parks, plazas, entry ways to public buildings ()I- lilsldc City 1i lall, the Library, thc Jetl)ort or th(_' Schools. Statuary - range of cost (1cpcildillf.; oll scale (A pl ojec t I'S 1, 500-u p N1111-als a11(l Paintings — Otit(loor im.11-als can make a blank wall col lie a l ivc with a splash of' dolor, or opell it up with Foeil featm-cs or scenes. T lley make a blank. aban(loned spice the highlight ()f all Area. NVIlat about the XVCSt Wall of the J(-tl)ol-t, or the wells aroull(l the nciv Congress Scltlare Park: Inside public buildings, to(), there can he I11111-als ()I- paintings to dress up tll(e walls. Exterior mural range $250 and up Interior mural $2.50 and up Paintings $00 and up 1tl Ural, Kennedy Park to, Portland is over 30 years old and is rich in historical buildings and areas, many of which are public places. 1ATe have irreplaceable treasures to preserve for future generations. Historical Brochures — For residents and visitors alike, 111for- IllatIO11 Oil the IRIblIC, historic' sites of Portland can be llelpfLII. What boter Nvay to provide it thall with Ll parrlplllet for xvide diStl'lbUt1O11 Oil the City and another on our many hIstorlC CCIlletel'les. City Of Portland Historical al Brochure Portland's IjIstol-IC GIIlletel-RIS - 5,000 Portland Room, Portland Public Library — Did poll know that the Portland Room IIOLISeS a Lllll(Ille collection of bo(-)ks, documents aIld 111cillorabllla fl'oIll cmr ('Ity's historx-? tilall\- 1)iecc S need restora- tion or a 1)(Itter disphy place to be tl-LIIN' erljOV(I(I bV the JAINl(_'. Document Restorat I()iI S 7 50 tU I ,Uo0 D i s p l a N, Cac's 1,300 I.1 I 1 C 1I1 S 3,000 Clq)vin, Pol-tia?1d ("dy 11r111 Eastern Cemetery — Did VOLT know that. the Eastern C:eITRICIA, is identified on a 1690 rriap of Port- land and holds remains of our earliest settlers' Its ravestolles are a "who's who of Portland from the 18th and 19th centuries repre- sellting famous Clerics, 1-)I-ofeS- SlOnalS, artisans, even the captains of the Boxer and the Entcrprise. You could help with scvcra l al-eas Of restoration. Restore Gothic ,Stele Office Buildill�; 1,()()0 Restore Cast Iron Ru C 1110 S 3 2, 000 Restore I•-Ieadstolles 3> - '5 3 5o kvcstern C:erlleten — .1ltlloilgh I10t CIS MICI(Int as the Fastc'rn C.elnc'terv, t Ile W'estc'1,11 C CI11etCIN holds I11M1N, notables from thc 19th cclittll-N', and its niallsole111I1 crypts ale particularly 1111pl-cssix c. Mausoleum 1,est()1'�It1011 S 3,000 I Ic ildstolle lest(Wr Itic)Il 'S 3 - '�3>0� Monument Square, (-ir(-a 1890 Lighting the City Hall clock tower — The clock tower is the crowning feature of our 1912 City Hall. With its golden galleon weather vane it is visible from every entrance into the city. Soon it will be lighted at night, and you could sponsor the lighting of it for a week or month in honor of your organizatioli, or of a friend or relative. One week illumination $ 15 One month 114111linat.ioiz �$ 50 Monument Square, 1983 i `NThat is a city without places for just having fun ... for playing, for exercising? The facilities need to be as varied as, the different interests of the community, from the diamond for a little league aranie to the quiet space for an early morning j og- Play rOUnds — Otlr C:ity's playgrounds are enjoyed b chilclrerl of all a9cs. Safe places are necessary for young chilcllvll to 1-Lill, julllp, ('11ITll) and swIng find for older kids to perfect that tricks basketball shot. 1ti'hat does N*otlr Ile c)'11borhood playgroulld need.' ryi1'I 8( I I �;:g �. slid(, 'S ? NI1-11 tI- Purpose Cl 1 I11 hers S 3, 200 - �S 5,0( See-SaJtiIs 5 Basketball back lx yards )0 0 0 i0 ?0 Athletic Fields — If VOLlr sport. illcl odes soccer, baseball, field llcxkey, softball, football or lacrosse, then voll I71aV be inter- ested In reconstructing or possibly CNIC11 Corlstl-uctillg atilletic fields. N,Lmy, of the C:ity's existing fields liced grading, dralnao'c' illiprove- 111etlts, IVI-SOdding, Iletti' fencing, backstops or players benches. Installing lights Nvould allow the fields to be used after dark for ,greater 1:xarticipat.ion. Building new fields would ease the demand on. the overburdened existing; fields. Reconstruct soccer field 60,000 Reconstruct baseball.` softball field: entire field $ 30,000 infield only 10,000 Re -sod Portland Stadium Field $100,000 (1,011strtl(t New' Soccer Ficid S100,000 .Xtlllctic Ficid I.1 o-I l t I l 1.1.; wS 80,000 Players BellClles — each 5 100 «'atCr I'OLllltill 11 (tlsln� eXlstll1 supply lilics.) Sr 200 Playground, Rel't-he School Swimming — For thosc who (1<11-c bravc thc cold waters of C: ISCc) Ba\,, thc East End Beach is ltl IlCCd Of lM01 IMLisC LICilitiCs including 1-cstr()oni's, c halm lt1" and first aid arc as. For thosc who Ming at cithcr Rc'lc he or RRICI10)I1 lxx)p Bath Ilousc , 16,000 Sponsorship of public Swil11111111" 50 ; hr. Braving thr (old walry's of Cam o Bal. ,jogging, Baxter Boulevard Bauer Boulevard Running Track Froni the first time Jogger to t11e scasone(1 mcirathoncr, Vil-t AIN, c%'crti'one who runs knows Baxter Boulevard. Its sceilic beauty and ('01IN'e111eilt I(wati011 M11 till - matched. Construction of a 1111111ing track AVOLIH 1)r(Wlcle s�lfei' footing for l-til-incrs and better dK1i1M(1)-C f()r BOL11ev;11-c1 11-eCs Whosc root "'N-Swills 'Ire slifferith; fl ()III the s011co1I11 act-1011 Cllls(ld b\- tflc)lltiml(fs of poull(lli)(4 feet. c.onstnict runniIlg trick E I 1 t 1 re - 111 I l es S300, 000 1 mile .�5150,000 mile $ 75,000 Install Nvatcr fountains, including s11pph" 11I1es -- cac11 S 2,000 Recreation Centers — L(x a ted ill neighborhootIs from Peaks Island to Riverton, these centers provide supel•vised recreation for Port- k1nd's VOL1I1g peol-le. Centers are places to relax, meet neiv friends, learn new skills. But it takes more than kids, an empty room and a recreation supervisor; it takes equipment, too. Folding 'Tables — each S 150 Folding chairs — each , 15 Vollcyball net S 5o Basketball, rublxb r 1- Basketball, leather S 40 Ping pong table 300 BLIMI-)CI pbl�)O ool tae 1 'Co Pool Table ()00 NVoo den table gailles S i 5 Tennis - If tennis is N701-11• Z1aiT1e .. . IZecollstrilct a col1l•t w 4,000 Tcl-i lis net 125 Itt-iclw N( /tool N-arrl Riverside Golf• (:()L1rse — Portlaild's lilt 1I116pal (),o1f course is popular with ai7late1-11• Lind pro alike. CJolf ball washer -- each "S 150 R(�-s()(1 oii(.' we .-S 11500 1)ancc class, Prrforniit?g ,I its Cetiler Pet Exercise Area -- Evei),o , loves to have pets, but. fielding it place to ex('r(•Isc' (M train theill Ill a crowded citN, call be difficult. Encloscd pet exei-cls(I IFC'ts ill 01_11, lxarks would illeet that deed for lxIt OW11ers, while helping; to ke(l) down the nt1.111I)cr ()f pcts ruillling loose. ( •ollstruct u )I i (A ; 01 x 100' �irea ,S 5,000 ._...T�f. �'w��" � S t •YA r f e � ��tk2� � `�� .:..� '?iiva..+ Education for our children and on -going education for the whole community expands our Citizens' opportunitN� for enjoyment of life. We invest in our human resources through our schools, the library or training courses. You can help broaden that education with extra books, field trips or musical equipment. Books — N1'llether a classic or the latest wscarch, books are an iniportant resource in our library and in our schools. P«perback 55 I-Lirdcover 25 Encyclopedia set, 400 Pcl-I( lical .Subscriptions $25 - 75 Computers -- Help Portlancl's childreri pi-epare for the ivorld of' tonlorrow. Personal conlputers with each 5 / )0 French Horn orn Indoor Kindergarten Carousel For a rainy morning or freezing afternoon when the children cannot go outside to play, an indoor C.1I-o1_lsCI is JUSt the thing. $ 2,000 Field Trips — Boston, Augusta, a farm, a symphony, Cliff Island, the list goes on. Field trips expand children's understanding of the world in which they live. Consider sponsoring a field trip for a classroom or a grade. Cost Varies depending on trip Chosen. $130 to 450 MUSIC — �A`IICHICr the bold sound of a I-i1arc'111I1; band at a football gallle 01' the polished Classical st.rallls of dic c)rc'llestra, II1usIC c'lli-lc'11c's the lives of th(.' per- forincrs as w(.11 as tll(' �111(11CIICC. M111d 11114onlis - h l gll scl loot each S 350 Ball(l jac kcts cwll 5 io RZ�tlIwoats for tlic Baild eac•ll 35 TI'11T1111�'t Sr 250 Violin $ 300 KISS Dr l l l'l $ 200 Frellc•h Vlore ,, 350 MLIliicspal "braining FOL1I1(hitioll — PL11)1 is elllploNiees Ileecl oil - , OI1l C(IL1CatI()Il, ux). In an of fort to Improve dic dcllx'er`- of inunlcipal sci-vices In all of fcctiVC and eff 1cleIlt IM1,111er, a training foundation ivill be established with the sole purposc of illlple- lTienting trailllnc prop'anls for nlLinlclpal enlplovccs. Cont.ribu- t1OI1s to t11e fOL111dation II1ay include moIley, volunteer prof('s- sionill eXpe.1'tis(', training aids or slots III CXis.ting corporate t.rMiling programs. Portland Municipal Training Education Gill 775-5451, :ask for Gift catalogue. iMedia Equipment -- Each child IcIL11-I1s differellt1N" sonic learn lx'st 1)N. 1-c'ad i n , others by SCCM(y a nlovic and still otll('rs In l istc'n in". Use ()f diffc'I-('llt I1 cilia (11HII)MCIlt. Call ('I111all , tll(' learnillo- of all chil(Irc'n. Nlovie projc'ctor S 700 Jape Rc'c oI (l('I s w 00 C1Cx'Ist()I1 Inollitol's S 300 Trophy Ceases -- Mill(- vvinlling ccrtaillh' is not (xverythin,�.,'�, NOwn a school (cam does will a tropll"' ()r an award it is IIllportant to have a place to display it with pride. Frophy case's 400 f� There are other unique ways to itnprove the community and the fU11(41011111g of otll' mt. MCipal orovernment. These come in all sizes anal shapes. City Hall Rotunda Drapes — 1�'lth its challdclier, cannon, and 0-1,acefi111v curving rmarble stairs, the rotunda is an irnpresslVe �41-ectim) for each visitor to City Hall. New drapes for the three large windows above the stairs «-ould provide the finishing touch. Drapes for rotMI&I 5,000 Jetport Sky tval k — As me of tale gatelvaNTS to Portland, the Jetport loo-s over i.-,000 arrivals and departures each year. Dclrirlo- the Winner months and in rairiV >vcather, (Ile hardest part of a tnavcic'r's trip may bc travc'1lillO lx,�tivecrl tllc' tee-11linal and tllc' All enclosed skN,wti ilk betivecii t1w two l ul](f lrl s Would make thilt part. of the trip pleasant, Evarin and clay. "mist1-11(t ..51 i0,000 Pwtlawi Internatlo mil jc1pol-t City Council Chambers Air Conditioning System On those summer nights ivllerl the Chambers are packed and the Meeting is lorlg, It 1S not J uSt. the issues that are hot! Ali air con- ditioning system would allow the Council and the public to conduct the work of municipal govern- ment in comfort. Installation of air conditioning system 5162,000 Display Cases Frequently, informative and colorful displays bri -llten City Hall's ma-l-ble rotunda. X!Vhether the topic is trees or teeth, the addition of locking cases would enhance really displays. Locking display case ti 450 Moped for Peaks Island Public Health Nurse Visits — Did N,ou knoiv Peaks Island has ) % 1111les of Y(Kid. A lllol.x�cl WOUld cimble City Public I- calth Nurses to travel illore c 1111c1:I v f rolli I mine to llonle �vlwii making their Visits. Nlc)1x'd `s 0io Large Toys and Beanbag Chairs — These items would help the time fly for children waiting to see the nurse at Portland's City health stations. Large toys $15 to Large beanbag chairs S 35 79 Cots And for children not feeling well enough to play, cots would provide a place to lie down and rest while they wait. Cots each $ 60 Film Loop Projector -- "Why do two year olds say no?" This is just one of the educational film loops that could be available to people in clinic waiting rooms if new projectors were your gift selection. Proj ectors — each 425 ,lhaal. Portland City Hall Rott( ida Courtr.sy Of liiablic k .; KennOt As.m( i(lles Dental Clinic — Soft comfortable chairs for the City Hall clinic waiting room ivould be appre- ciated by the 650 Portland resi- dents who visit this clinic each year. Chairs — each 150 City Hall Conference Room The present Cite Hall conference room (Room 209) has become cramped and out -dated. Recon- struction to enlarge the room, installation of a multi -media system for presentations and new furniture would give Portland a first class rneeting;/conference room. Reconstruction $ 12,500 Nledia System 500 Furniture $ 1200 h ia► _: w —/ ro� F . .,� y w•;.!3.� „i.� ..66E J� a6 �,.._t .:aW ?i y Giving your time, energy and expertise would be a �,aluable contribution to the City. You're invited to join the Volunteer Initiative Program to assist with tasks that use your skills, broaden your experience and help the process of City government operate more effectively for all of us. What can Volunteers do for the City? Develop a library resource system for City govern- ment, answer telephones, design workable forms for communica- tions with the medical com- munity, plan creative solutions to the financial problems of City government, type and file, work on a safety map of Peaks Island, address envelopes, protect and care for small parks and play- grounds in the City, assist in school dental programs, provide business expertise as a loaned .executive ... these are just some of the many possibilities. y Who else Volunteers for the City? Your kid brother, the architect who is helping you plan your new house, a college librarian, an eighty-two year old great- grandmother, an executive secre- tary, a member of Alcoholic Anonymous, a young woman with cerebral palsy who has two young children, a man who has just passed the Police Reserve Training Course and a woman who is training to be a welder; they come from all parts of the City, from the Islands in the bay, and from the Greater Portland Community. In short, anyone and everyone. What do these people have in common? — Everyone of them is helping to make Portland a better place to live by volunteering to helpwith special projects and ongoing programs and services provided by City government. WC hope that you, too, can find some time and energy to give to the City. Call today and ask for the Volunteer Ccx)rdinator, 7 7 5- -151, Ext. 54. Japanese cultural evening Found just the thing that interests you? Would you like to have your service club or business undertake one of these ideas? Just fill in the enclosed order blank and send it in. Then we will follow up im- mediately. If you have any ques- tions, just give us a call at City Hall 775-545 l and ask for Gift catalogue. We look forward to hearing from you. Tax information: All contributions to the City of Portland are tax deductible. A letter confirming tax exempt status is available upon request. You may find that a gift of appre- ciated securities is in your best interest. If you are interested in pursuing; this avenue please contact your financial advisor or our Finance Director at 775-5451. Acknowledgments: 1. All tangible items which can be suitably marked as "gift of" or "in memory of" will be identified directly. 2. All gifts will be publicly acknowledged and will receive the personal thanks of the Mayor. and Council. 3. For items in honor of or in memory of another person, appropriate notification will be will be made to individuals or families. 4. Any request for anonymity will be strictly honored. THANK Y' o U7 . . . for makin! a Qift to the whole community. By ONilly;, you join a strong Portland tradition ivhlch has helped provide necessities as well as amenities, «-hicch improve the quality of, life i11 our com111t111itN-. YOU are helpnlg to n-lake Portland (')-rcat' NVe 1vould like to express oLlr ()TaI itLicle f'()1' file c'()Iltj-ll)i.ltlo11s which have led to the publication of this catalog. NVc thank: Dr". Philip P. Piompson, jr. foi- Ills inspirati()11 M1c1 f Il_K11-16al sLlf)pol't t.,nionnnitual for its ci orts in design, f ditillo" tV )eSettiiJ(Mid 17) print product 1011 Peter Llndqurst for photogral liv C.H. Rohirl.wn Paper Co. for paper tl(-)11t111011 C.I.W. R rce Paper (.'o. for paper donor. t ion Portland Photogra pli i'(s fOi- w(wk CITIZENS FORUM ON SELF-GOVERNMENT/NATIONAL MUNICIPAL LEAGUE, INC. 55 West 44th Street, New York, New York 10036 (212) 730-7930 May 24, 1985 91 s t NATIONAL CONFERENCE ON GOVERNMENT NOVEMBER 15 -18 , 1985 Omni Netherland Plaza, Cincinnati, Ohio Conference Theme: THE CITY AS COMPETITOR The Conference will examine the competitive status of the real cit in a period of dramatic shifts in the roles and responsibilities of those who have a stake in its future ---citizens, business/labor and community institutions. The real c_i is more than a central city, an urban county area or even a metropolitan region; it is a mix of public and private institutions in the region, the people they serve, and the way they are affected by state and national public policies and economic and social forces. In assessing the capacity to compete, the Conference will address these following broad aspects of this real cit�r: The Productive City : Its Ec`onroa - jobs, profits, ratables , growth and decline; The Humane City: Its Culture - education and the arts, amenities and services; The Well -Governed City: Its Polit and Politics - interaction of citizens and public institutions. Each track willhighlight current issues, addressing the important and en- during common questions of who plans? who pays? who manages? who is served? Another ingredient in the mix is the levels at which ''competition's takes place, , within a community as well as among communities values long fostered by Citizens Forum as essential to self -government --access, equity and accountabil'itY --will be applied, with. emphasis on innovation in institution building and decision making. g The . -Conference I' s designed to begin to give shape to a civic olio s one which provides direction on how best to interrelate people, institutions andplace in.sustaining a desirable quality of community life --all those elements that en- able the "city" to engage successfully in the competition which is a dynamic of a vital, self-governing system. The Conference program will be divided into parallel tracks on each of the three aspects of "The City as Competitor." The following outline provides the context for each of the tracks: P The Productive City: its Economy - jobs, profits, ratables , growth and decline. For some older industrial communities, existence means retrenchment and survival strategies; for others it can mean renewal and potential renaissance. For many in the southeast and southwest, explosive growth has brought a whole set of development and dislocation problems. Some advocate government assistance to mitigate the effects of both situations, while others claim that such intervention would perpetuate diseconomies and that a natural evolution, energized by market- place economics, will shake out the most productive pattern. How do you plan to develop and sustain a productive city? what elements should an economic development plan include? who makes the plan? who takes the lead in implementing it? stimulating growth? reversing decline? If the stakes are jobs, ratabl.es and business profits for governments, business/labor and civic interest groups, whose turfs include neighborhoods and regions, how are the costs and returns distributed? in a growing economy? in a declining economy? in achiev- ing a "turnaround`'? The Humane Cam: Its Culture education and the arts, amenities and services. What is the humane city? It is a mix of educational and cultural institu- tions, services and amenities which enable citizens to contribute effectively to a productive society. It must give high priority to the service needs of the disadvantaged as an essential part of enhancing community amenities and the pro- grams designed to strengthen its competitive position. what mix will best enable citizens and communities to develop the skills, creative capacity and understand- ing necessary to make informed decisions about the "city's" future and about the means to improve the duality of life? How can educational and cultural institutions work together to increase pro- gram benefits to the total population.? Are the roles and r.esponsbilities of the public and private sectors changing? new public 'private partnerships for training a more productive workforce? for human services? for the arts as an essential part of education? for the arts as a civic resource? for competitive sports? for leisure -tame recreation? The well -Governed City: Its Po lit and Politics - interaction of citizens and public institutions. Citizens of the "real. city" are served by many governments, national, state and local, with local units usually in a patchwork pattern fraught with, uneven' performance, conflicts and duplications. The relative effectiveness of local government is a significant element in the city's competitive position. Do its public services meet expectations? Is it undertaking initiatives utilizing alternative methods of service delivery? How are citizens involved in priority setting and service delivery evaluation? what is the condition of the infrastructure? Are its operations future oriented or mired in the status quo? Does it have in place institutions and processes to focus on the "real city," not just. on its fragmented parts --geographic and functional --to achieve community consensus? If not, what are the alternatives for overcoming disconsensus and parochialism, while at the same time preserving the strengths of conscious and constructive neighbor hood involvement and commitment? How does it develop a strategic plan for meeting service needs? Are new or modified structures required? 1a ci There will be two integrating sessions on Friday. In the 9:00 AM Keynote session three speakers will address the Conference theme, The City as Competi�torr, as seen from the economic, educational/cultural and governmental perspectives. The Friday luncheon speaker will also focus on. the Conference theme. At the first session (10:30 AM) in each of the three tracks, a panel of pre- senters will address the questions outlined above. These discussions will lead directly into the first of the afternoon sessions. The second session (2:1.5 PM) in each track will consist of "experience reports" presented by leaders who have been involved in specific places in dealing with the elements of the city's competitive status. The third session. (4:00 PM) will provide a forum at which, based on the two preceding sessions, participants can discuss and debate issues and solutions with those who have been working on them. This will not be designed to be a "consensus - building" session, rather it is meant to identify aspects of the process which may be or become matters of contention or dispute. These will be the basis for the Saturday morning workshops. The Saturday program will feature a "short course" on mediation, negotiation and dispute resolution, starting with a plenary session, followed by a workshop for each track in which the various techniques will be demonstrated. The three -track program will conclude with a luncheon (1:00 PM) and informal wrap-up session which will underscore the issues which must be addressed, the disputes resolved in making a "city" a successful "competitor." On Saturday afternoon, local tours will be scheduled beginning at 2:30 PM% A special dinner and entertainment event is planned for 6:30 PM. The Ail -America Cities Jury Hearings are being held 'in two sessions --the first at 2:30 PM, on Saturday, November 16, and the second at 2:00 PM on Sunday, November 17. The annual meeting of the members and Council of Citizens Forum on Self- Government/National Municipal. league, Inc. will be at 9:00 AM, Sunday, November 17. Two special workshops are scheduled for 2:00 PM on November 17. one is part of the Model Charter Revision Project, the other an Information Systems workshop. --4- SCHEDULE OF CONFERENCE SESSIONS Friday?`November 15 9:00 AM - Keynote Session 10:30 AM - Three Concurrent Tracks--ist Session 12:15 PM - Luncheon 2:1.5 PM - Three Concurrent Tracks--2nd Session 4:00 PM - Three Concurrent Tracks--3rd Session 5:30 PM r- Reception--All-America Cities Display Area Opens Saturday, November 16 Community Problem Solving-, Dispute Resolution - Mediation - Negotiation 9:00 AM - Plenary Session 11:00 AM - Three Concurrent Tracks --Demonstration Sessions 1:00 PM - Buffet Luncheon and Informal Wrap-up 2:30 PM -- All -America Cities ,fury Hearings 2:3fl PM r- Tours 6:00 PM - Dinner/Entertainment Sunday, November 17 9:00 AM - CF/NML Meeting of Members and Council 2 : 00 PM -r All -America Cities Jury Hearings 2:00 PM - Special Workshops --Model Charter Revision Project and Information Systems k n CITIZENS FORUM ON SELF—GOVERNMENT/NATIONAL MUNICIPAL LEAGUE, INC. 55 West 44th Street, New York, New York 10036 (212) 730-7930 INSTRUCTIONS FOR FILLING OUT ALL-AMERICA CITY 1985 CITIZEN PARTICIPATION AWARD ENTRY FORM PLEASE READ INSTRUCTIONS AND OTHER ENCLOSED MATERIALS VERY CAREFULLY. In many cases, when communities do not make finalist designation, it is because they have not responded in accordance with the points described in these materials. The official entry form is designed so you can present your community's case in a concise, readable, factual manner. If the questions are answered correctly and in accordance with the instructions here, the Screening Committee will have the proper information with which to judge your entry. Before filling out the form, we suggest you reread the "Invitation Brochure." After you have done this, study the entry form and make certain you understand each question before you begin filling in the answers. Also enclosed is a guide- line used by the Screening Committee for evaluating the entries. It will give you some sense of the indicators the committee uses in making its decisions. There are no trick questions or hidden meanings; for example, the conference theme is not indicative of what project emphasis should be. The entry form is flexible enough to meet hundreds of situations. Make sure you provide enough substantive information to support your statements. We must request that you ADD No SUPPLEMENTARY PAGES OR ATTACH ANY ADDITIONS to the form. (See instruction No.9. ) Every entrant receives two copies of the official form. If for some reason your copies should be defaced or otherwise damaged, write to the Citizens Forum on Self-Government/National Municipal League for additional forms. All entries must be submitted on the official form. one copy of the entry force should be submitted to the CF/NML. - The .second copy should be retained for your records. The entry form of each city selected as.a finalist will be electronically repro- duced and copies provided to, the All -America Cities Jury.. Therefore, to assure that the entries can be easily duplicated,:.. please type out the entry! Any ap- plication that is handwritten or.filled out in type smaller than that which is coamonly used will be disqualified. The reproduction of the finalists', entry forms :in sufficient. number to supply copies to the Jury, League staff and field consultants entails almost ,10 000 pages a es of materials. Therefore, use a typewriter that has a good ribbon and be sure to observe the margins provided on each. page. Material extending beyond the margins will not reproduce. It is advisable that your,, entry be forwarded to CF/NML well in advance of the deadline date, which is',� This allows more time to review it thoroughly. Also , you wi1il f ind that you have made a better application if you do not try to hurry through it at the last moment. If mailing the entry is delayed, please send by means of an express service. It must arrive in time to be considered by the Screening Committee. COVER SHEET - Self-explanatory. Please fill in the blanks. r 2- QUESTION 1. - The emphasis of the question should be on the substance of the citi- zens? efforts. In order to do this properly, try to concentrate on major projects (one to three) so that the significance of what was accomplished is clear to the reader.. PROGRAMS DESCRIBED MUST RELATE TO BASIC ISSUES OR PROBLEMS EXPERIENCED IN THE COMMUNITY. You should state the issue or -problem clearly at the beginning of your project or program description. Spend less space on describing projects that might have resulted as spinoffs of the major effort. There is opportunity to do that and elaborate on other aspects of your story in answer to Question 7. ,D QJ INCLUDE AS PROJECTS THOSE THINGS THAT ONE EXPECTS GOVERNMEN MMUNITY NSTITUTIONS TO DIT_ OF MEETINg I R REGULAR MISSION unless extra- ordinary circumstances exist, e.g., severe budget cutbacks causing dramatic reductions in service delivery which are overcome by private and civic sector efforts or where particularly innovative techniques are used for carrying out a traditional function which enhances its quality and/or effectiveness. Please define the period under consideration. Major emphasis should be given to the events and accomplishments during the last year. If your citizen effort has extended over a number of years,. reflecting a sustained drive toward community improvements, projects related to it must have originated within the past two years. In describing accomplishments, quantify results, e.g., how many and what kinds of people were assisted, how many units were built, etc. QUESTION 2 - Discuss how action was initiated and sustained, keeping in the mind the following points as you develop your reply: Although many programs are the result of a response to a critical situation, remember that the committee is look- ing for innovative preventative/proactive programs as well. who led the effort -- existing organizations or did new organizations come into being? How was your activity financed --special fund drives and/or from a regular operating budget? Are the principal organizations involved permanent or were they designed to solve a problem and then cease operation? Be specific --generalities such as, "There was a growing awareness, it are not as helpful as a more detailed response. QUESTION 3 - Under this question please list some appropriate organizations which provided the leadership that made your successes possible. If yours was a "team effort" and all organizations participated equally, please so indicate. The key word here is active. Enter the number of people who actually worked in organiz- ing, speaking., canvassing, fundraising, advertising or any other aspects of the civic effort. QUESTION 4 - It is not as important that established community organizations ac- complish projects for others as it is for them to encourage citizens to undertake the effort for themselves. Citizen participation means that the public must both be informed and be given the opportunity to consider and appraise various proposals so that they may be included in the decision -making process. For example, in many instances, urban planning involves working with the community power structure so that both economic and social changes are brought about with more community support. In what kinds of activities did the organizations or leadership engage to stimulate citizen interest and involvement? Describe the techniques used, e.g., community forums, small group sessions, series of news articles, radio and Tv broadcasts, house -to --house canvass, distribution of handouts, etc. Note, too, if applicable, whether any special efforts were made to involve traditionally underrepresented groups and, if so, what techniques were used to do so. 0. ..3-- QUESTION 5 - It is not necessary here to list people in their relative order of importance or to give more than f ive names. The list of names provides us with some idea of the kinds of community people representing the projects, as well as specific contacts for future 'inquiries. QUESTION 6 - Any innovative project which attempts to bring about change in the community will face definite opposition. It is vital for further progress that the source of , such. opposition be identified and other impediments (e.g., legal, traditional, practical) to progress noted. Indicate the degree to which projects/ action were opposed, from whom it came and how well organized it was, e.g., from government, existing community organizations or new organizations that were created in reaction to your own group or from groups of individuals. what steps were taken to overcome the opposition? what do you regard as the most effective technique used in your situation in dealing with the opposition? QUESTION 7 - This gives you an opportunity to put the whole story down in one complete statement. Do not repeat points already made. weave the responses to Question No. 1 into an overall framework that shapes citizen action in your community. (See attached example.) The first step of citizen participation is to identify the most serious problems of your community and how efforts have been directed toward their solution. Then, proceed to bring in unique aspects of the story that did not fit under one of the other questions, and put the whole situa- tion into a chronological pattern. Do not write about each project as a separate entity. Provide some insight into how the programs fit into the community --their impact, spinoff activity, etc. For example, if economic development and the creation of new jobs make up a project area, how does that project area relate or affect other phases of community life --how will new jobs affect housing, the environment, transportation and what provisions are made for their impact? Tell how the projects or issues described in answer to Question. No. 1 combine with other actions to illustrate a commitment to enhancing the quality of life in your. community. If it hasn't already been covered in connection with the question on organization, you might include in this summary statement a few sentences about organizational effectiveness, e.g., if a new organization was forted to meet the problem, why were existing organizations unable to cope with it. If groups of organizations formed a coalition to solve a problem, in what way has the coalition been used for defining and resolving other problems? QUESTION 8 - The All -America City Award is not a citation for community perfec- tion. we are interested in cities that have problems. Do not be afraid to admit your shortcomings. we are interested in whether or not you are doing something about them. Among residual problems might be inadequacies in local government services and organizations, problems of racial relations, environmental pollution, unchecked spread of blight and incomplete plans for future development. QUESTION g - Think about innovative procedures used in planning, implementation and evaluation., including methods used to involve people, effective communication techniques, access to special resources like college/university personnel or facilities, office headquarters, etc. Again, please be specific ---generalities such as, "Lots of citizen involvement," or "People working together," are not as helpful_ as a more detailed response. (If you need more space, please use only one side of one additional. sheet.) .i. f� r 1. 1_ -t t_ -I- * _f� '` ^ I% /% /1 i% t% /1 P% /% /t h 1% .. 4 - A REMINDER I. All entries must be submitted on the official form. 2. Do not add any additional or supplemental materials except for QUESTION No. 9. 3. Use a typwriter (no smaller than type used here) in filling out entry form. 4. observe the margins on each page. 5. Give the approxriate dates of all undertakings. 6. Type name under signature. 7. If appropriate, please include business as well as home telephone number. . $. Many communities like to have their mayor or other public official sign the entry. This if perfectly acceptable. However, we need to have the name, preferred mailing address and telephone number of a major contact person for the entire program. There is quite a bit of follow-up correspondence, in addition to numerous telephone calls. 9. Be sure that leaders involved in the projects described know that an entry is being prepared. In some cases, we have spoken with people listed in the entry who were totally unfamiliar with the fact that their project or program had been included. CFjNML prefers that major community leaders, public and private sector, be informed about the effort. 10. Send $15.00 filling fee with completed entry. Please cake check payable to National Municipal League, Inc. Example from Salem, G regon, entry 1982-1983 All -America Cities Awards Program 7. Summarize your community situation* -- Set the background for your community story. (1) the most basic problems and concerns of the community, (2) extent and nature of citizen participation, (3) degree of success attained, and (4) stress activity since 1979 'Not the projects described in 3 above, but events which contributed to and/or resulted from those projects. Salem is the state capital and Marion County seat. The state's third largest city, it lies 47 miles south of Portland on the banks of the Willamette River. The city operates under a council-manager form of government. The non -partisan Council is composed of eight ward representatives elected to four-year terms and a mayor elected at -large to a two-year term. The Council also serves as the Urban Renewal Agency and the Housing Authority. In the past two years Salem has lost a major cannery, has seen reductions in state, county and city work forces and just this week received notice of the Boise Cascade Paper Mill closure. In 1980 the Mayor, with the support of Council, created the Project 90 citizens task forces to examine Salem and its economy. Their work has already been incorporated as part of the Comprehensive Pi an ' and has become the work program for the newly appointed 11-member municipal Economic Development Commission. The Commission is charged with formulation and implementation of a more detailed economic development plan; stimulation of a public environment and attitude, and government processes conducive to such a pro- gram; and maintenance of an information system in land inventory, labor base and other demographics, development processes and incentives for development. To assist the Com- mission, the position of Economic Development Coordinator has been approved in the 1982- 83 city budget. To deal with the immediate problems of unemployment the Commission is working with Chemeketa Community College to establish a job center at the college and is creating a telephone hotline at City Hall to reci eve ideas on positive approaches to economic devel- opment from the community. The Social Service Commission working in conjunction with other area groups has established a "hard tines" fund for short-term economic relief and the medical society is offering free emergency medical care to those recently unemployed. Salem's lengthy experience and emphasis on citizen participation enabled it to react rapidly to developing economic difficulties. neighborhood associations began forming in 1972 to deal with land use issues. By 1980 17 associations representing nearly all areas of the city had been officially recognized by the City Council. Land use issues are ' no longer the only issues being dealt with by the associations. Annually they complete a neighborhood needs assessment as part of budget preparation. They have been involved as creators and reviewers of the Comprehensive Plan, Urban Growth Management Program, Zone Code and Capital Improvement Program. They are assisting with a city-wide historic build- ing/site inventory and work with the schools and other groups to improve livability in each neighborhood. The self-help projects which have been so successful in Salem developed as part of the neighborhood program. Besides the park development projects , self-help has extended to landscaping, recreation programs and next year to public works projects such as sidewalk installation. Salem Neighborhoods, Inc. (SNI) received a $50 ,000 grant from the Gannett Foundation to expand the self-help program to other areas. SNI formed Self -Help In Neighborhoods Everywhere (SHINE) with a board of neighborhood volunteers who hired a coordinator to man- age the program. The neighborhood watch crimp prevention program was the first project sponsored by the group. Nine neighborhoods have participated to date. Besides making the neighborhoods more secure, the program has perhaps an even more important result - neigh- bors are getting to know each other again and a fuller sense of community is developing. Salem Area Seniors are staunch supporters of the self-help concept. Besides initiat- ing many self-help social and service programs for seniors in Salem, they have also pled- ged to raise the $65,000+ needed to make modifications to the Senior Center. The self-help spirit is catching on city-wide, not just with service organizations. CITIZENSFORUM ON SELF-GOVERNMENT/NATIONAL MUNICIPAL Le,aGue, INC. 55 West 44th Street, New York, New York 10036 (212) 730-7930 (Sample of one of the guidelines used by Screening Committee) SCREENING COMMITTEE BASIC ELEMENTS TO ,KEEP IN MIND WHEN RATING _A -AC ENTRIES Classification Data What does it say about the community and the kind of place it is? Have there been any dramatic population changes? What do housing and/or density numbers say about housing issues? Are unemployment and poverty serious? Do ethnic and racial characteristics indicate any potential human relations problems? Does the age breakdown show potential problems related to: young people (education, recreation, transportation, police, crime) or the elderly (health, housing, crime, transportation) ? Do em- ployment figures say anything about the viability of the economic base? Projects Information How do the projects seem to relate to what are important issues in the community? How would you rate their value to basic problems? Do you think they are innovative in terms of how the problem was dealt with? Citizen Action Who initiated action on the project or issue? How was it done ---a com- mittee, a number of committees, an individual? How long did it take to get things moving? How long did the condition requiring action exist? Participation: How many active participants were there? Were the people directly affected by the issue or problems involved in its solution? How would you characterize.the.participation--tokenism, consultation, moderate - to -full community involvement? Did one ' group control .developments or was important decision -.making shared among groups? What kinds of groups were involved--econo�aic, civic, religious, information, education, minor-- ities,, government? How did groups draw ` on community resources? To what degree was involvement encouraged by those not initially involved? Was encouragement done in innovative ways? Opposition What degree of opposition was faced --extreme, moderate, little, none? Who were the chief opponents? How was their opposition overcome? What innovative processes were used? New Problems What unresolved problems exist in the community and what is being done about them? All-AMERICA CITY 1 I hereby nominate OFFICIAL ENTRY 1985-1986 (community) (county) (state) ALLAM0ERICA CITY AWARD for Citizen motion, Effective Organization and Community Improvement co -sponsored by Citizens Forum on Self -Government National Municipal League and USA TODAY For the information provided below, please indicate the year upon which the statistics are based. FORM OF GOVERNMENT POPULATION BREAKDOWN (if available) POPULATION 1980 below 18 years ± PERCENT CHANGE 1970-1980 18 25 26-35 POPULATION DENSITY (per sq. mi.) 36-50 1980 51-65 PERCENT MINORITY Over 65 Black EMPLOYMENT (% employed) Hispanic Manufacturing Asian Trade Other Agriculture Service MEDIAN FAMILY INCOME AGE OF HOUSING STOCK FAMILIES BELOW POVERTY LEVEL UNEMPLOYMENT RATE NO. OF VOLUNTARY ORGANIZATIONS PLEASE KEEP ALL STATEMENTS WITHIN RULED LINES 1. What are the main projects (concentrate on three) which citizens have accomplished in the community to merit an All -America City Award? (Give dates.) 2. What prompted the citizen action and how was it organized? 3. List the principal groups and organizations and the number of members actively involved in these efforts. Include community action groups organized around the specific issues. Name Active membership Contribution 4. How did these groups attempt to involve the citizens directly affected by the projects and to what extent were they successful? 5. Identify five individuals who were active leaders in the effort. (if possible, include leaders from both the public and private sectors.) Name Local Address/Phone Occupation Leadership 6. (a) What was the nature of any opposition to the efforts of the citizens and from what seg- ment of the community did this originate? (b) How were the specific obstacles overcome? 7. Summarize your community situation* — Set the background for your community story. (1) the most basic problems and concerns of the community, (2) extent and nature of citizen participation, (3) degree of success attained, and (4) emphasize activity since 1981 * Not the projects described in 1 above, but events which contributed to and/or resulted from those projects. 8. What major problems remain unresolved in your community? (For example — in city government, human relations, municipal services, housing, etc.) What constructive steps have been taken toward their solution? 9. Of the specific techniques that contributed to your success, which ones do you feel others might adopt? (If you need more space, for this answer, please use only one side of one additional sheet.) Name* Signed Organization Date print or type Person to Contact Organization Street Address Area Code (Zip Code) Telephone ( ) '(Person whose name appears as signee does not have to be the same as the person to be the program contact.) Please use preferred name, address and phone number of person who will be major contact throughout the competition. This entry blank should be completed and mailed to the All -America City Award Program, Citizens Forum/National Municipal League, 55 West 44th Street, New York, N.Y. 10036, at the earliest possible date but must be postmarked not later than September 3,1985. Enclose $15.00 filing fee. A Screening Committee of public affairs experts will pick the finalists which will be invited to send representatives to appear before the All -America Cities jury at the National Conference on Government in Cincinnati, Ohio, November 15-18, 1985, to present the finalists' cases. The jury will then select the winners. xp�O`�O.4to spa tv0� BOO. �. A to y Vol, bode 00 rr woo cr � " - CA 0 cr 2. w 0 rA C) �oo�~ram a O'rA 5O'��N• goo'-.-tt0oo�� 0CIO. . a o o 0 '' �to� 0 6%to+ r•o.� n� afro n0 0� �� • ,,,,' b 0. PO C05 OyMan .... r„r A� ,.... CL Wo Noon �'. o go h: coo 0 bond 06 WO W 0-- 0 9 1 61 1 6 11 .. t. a, OIQ fir+ o�'O� ''�-__ Oa$ Z��• �a �� O.OQ yam• A $ � rA Ono A� '0 .... aQ W rA r VI#S- w t } r i1 •Try. O CL I'D y ►� Fr. �• 0.�O00-0 b ?: 0� •p ! 001-r0CA 0r.*'��••• t C) �. • to y a0 t�. y .� �• �, CA b.-�► tv A� to 00 0 ts. Pot 0 n ►,e O �... �,, O pr r• °'; � te a. ... � 0 0 0 0 � pm y ��' = �c,0 �c�o0�'�0�.► O Oq CCD !v C1. �.. go fm+ O � V� r+ 0• �.. 0 CL P" � 0 r.LQ• ... � boo. rA o Oo b". o • Cs' tti Oram++ O 04 �o O i" N t� ►�-� `C� ;� • boa. '02 bwo ►'co 0�0..•. 0�.. Q'. `'��OOytinO....►.*,�00-* M'C o o co O ee oo ''� O �• 0 �-► .... ti t �C �3.. • W i GA .•� �• to OQ -'L7 r�'OQ C v to CA rA N.00 N0 Odi n �� • .... .... rA 09 I= 0 no rA JD a CA � �• � n c� CA � � � ram•* 0 ►..- r'+ ZY' �D bond 04 MO 0 v b" CA � 'C� :T' f� to C y � O y N p v ii.�� •• r.+. ""f 0 USA TODAY • WEDNESDAY, MARCH 27 1985.7A• ` �,�,,yi ;iy,^ s�� lr�••- ;,! 'Y\t.,'•f .�'Ie+�v^. ,y� j'. l. r: .•yt .� 'r r�,.�� _b [.,�:,r n.ti. is _a [ A.i � ,�yy�M ow, - N r .��.. �. "�ji"4. Rom". _ . i t �f, :Li 1 �j,; •r M-�';[': 1Y��"'4r.F. r a ail Pr.. OW Contest �. s� A screening committee of public affaft ' test specialists spent months winnowing the ap- plications ` _, ` • plicatlons down to the 17 Analists who pre. ` winners selected sented their cages to a special awards Jury ■ ! .' lest fall in San Antonio. ~- r t �" T• The Jury. headed by former Hawail Gov. r; •sr ialm ^ t For Hie Ant time. USA TODAY Joins with ., a "`'fide Cltians Forum on Self -Government to HIU Quinn. chase eight present. '' On - a• The awards will be presented later this x plltloil ? _ .ponsor the Ail -America Cltles contest fall at a dinner hosted by USA TODAY. !titSde for 35 years one of the USA's unique efforts Other Anallslx Anaheim. Catlf.; Casa reSl w •€ to recogeize dozens who band together to • Grand Aft; Crow 1114 =_explosion , , Improve the quality of their lives. Georgetown, T� meaty. Kan.. Dail TODAY mar with 500 sift towns, TIMINSContestactuallvilla�gess and co e�M ty mole City. Md.; and Red. ; - : mueides applying for the honor of being named one of the ration's dries. ■ CMiaa to 4` rA�ftyyf��sro up inHam coosld-.�`eMm, pie; �; special o•I•brad. ,'doear'ai et�er4 a ROY MaPY .'u .+R+ a at! has aqwk - town." Population in 1900 ,, .a. �� en00d Itiag cmdadoe ,13,72&: , ,; t i ;�. Isd ij and ' 'µElalOtPbOptbr. a' -xa1A1C wbaf's ditfer+aett ab04t. J -'6ssaoofArizonaState - Udvea Oft � e< � it Ow �- =Y � `�, 110ft MRY� Tempe has boomed to the �`. � " vomnteer:: ;`pant 1S yian' Population Ia�s j ^ - �. .�•'1LO :t+esulb: a1` ;t�loea HnOapt < Iwnped from 4755 to an esti- 6 p Aried �SO,000 people. , r ng hose towia9R - "".cA Mitcbell add, "the • r , .Aibe iZ7,g38 deader tp egWO : = out cAatlenge was to manage #re departm�t reatoe It so the rank would: be It a t'`-ban "7�dopt X ri,. ;gwUgt community, Tbe.nat• � .� _ �+i t - &•�eslde� dooeted soabvtous eballengs. was bo nrai+s fben eaaurs slut certain 6r01tpr��: - �i11R.000 to retutbizb _Z042h1• wero sot left 1` x'90! Pleft 4 11 r I 4, r i COVER STORY ' L. _ : t •;,.r.r. - 1 :ilk; .1 jr,ff; +_. 1 . f oUght flood, hupger Continued from lA doesn't mean a community is perfeLt "This is not a beauty contest," said Wil- °More cities than ever pitched in; 500 Iiam Anderson,, assistant director of the up from 400 a decade ago — applied. Citizens Forum. Made up of 3,606 leaders As in past years, their problems are and officials, the forum promotes com- signs of the times: A decade ago, efforts munity improvement and is supported by to improve race relations dominated,- ac. corporate contributions. "We're talking cording to Quinn. Soon after, housing, es- about citizen participation.. Each place pecially for the elderly, was a priority. selected has come to grips with some of Now the one thing emerging is the re- its problems. Not that all their- problems building of the inner city," Quinn said. are solved, though." Winners where rebuilding was among their projects: Some of this year's winners, in fact, ■ Harrisburg, Pa. — Flood damage ranked near the bottom in the 1985 Rand McNally's Places Rated Almanac, which from Tropical StormAgnes in 1972 had rates USA places to live with its own list accelerated central -city decline. "People of education, parks and other criteria. looked at (the city) and said, `Let's move Fayetteville ranked 157 out of 329; An - out of here,' " said John J. Kane, neigh- ' chorage was 242. But some reasons were borhood development director, beyond local control. More than 1,300 vacant homes and buildings have been rebuilt or replaced "One of the criteria was `How far does your temperature deviate from 65 de - since 1982. Result. needed low-cost living g r e e s ?' " Anchorage Mayor Tony space. And much of it at private expense. "We wanted to demonstrate that non- Knowles said. "Of course we ranked way down there." • profit (organizations) could do rehabilita- tion, do it well and sell it without losing A major reason to seek the All-Ameri- ca Cities award: hope that the national at - their shirts," said Kinneth Washington, Urban League executive director. tention will translate into new jobs. "We'll use it to the hilt," said Harris- ■ Alexandria, Va. — High rents were forcing low- and. middle -income resi- burg Mayor Stephen Reed. "If there are companies looking to expand, they look dents out of their homes. A 52-unit apart- ment complex is being renovated into af- for cities with this kind of recognition. We're scheming." fordable housing. ■ Albany, Ore: — Transformation of a Have cities been able to cash in? San Antonio, a winner in 1949 and vacant building into a shopping and of- fice complex highlights downtown resto- 1983, displays the All -America logo on ev- . erything from stationery to the rugs in ration. Albany is . overcoming decay that former Gov. Tom McCall called, "a stink- City Hall. The latest award helped lure twelve new businesses —1,500 jobs. ing cancer on the broad green bosom of the Willamette Valley. "It's the best product we have for the ■ Fayetteville, N.C. — The town, dom- next few years to market" said Mario Hernandez, Economic Development p inated economical) b two mill YY tart' bases, cleaned up its imageand im- Foundation vicepresident. . Economic benefits haven't come so proved life by buying all 23 businesses on a downtown adult entertainment block quickly for others: Wausau, Wis., formed a 100-person team to . promote its 1984 and turning them into doctor's offices. ■ Quincy, Ill. —This river town nearly award, but has yet to lure new business. Ardmore, Okla., has yet to gain jobs from dried up as economic recovery passed it by. Renovating a vacant assembly its 1970 and 1984 awards. '.A plant brought 300 new jobs, .;lot of businesses came to look us Rebuilding is not the only, timely .prob- i lem tackled -by the All -America Cities: over :. companies who heard we were an All -America Ci "said Mayor Bud "But �' Y Anchorage and Albany are sheltering Morrison. we had no new businesses move to town because the o f award '9 the homeless. Albany, a 1970s boomtown now coping with double-digit unemploy- 'Many found the real value is a boost to community spirit ment, houses 150 nightly. Anchorage, a 1980s boomtown, attracts many unem- "It gives people a sense of momentum ployed hoping for a better life. A ware- and we want that feeling to live on," said Dwight Davis, former head of the Wau- house now shelters them from the cold: "Business people would get to work and sau All -America task force. `We 11nd a frozen body in front of their doors," said Bob Eaton, shelter director. : had lost all our community pride," said Fayetteville �� Y homemaker Ro-i Tempe, Ariz., with more teen-agers salie Kelly. We had an adult entertain - ment block that was a cancer on this city. than any other city in the Phoenix area, is workingto reduce drug and alcohol I feel we have overcome the major prob- lems but we still need to attract business - abuse and teen suicide. Monterey Park, Calif., a Los Angeles bedroom town, be- es, preserve some of our buildings, do some restoration, and complete an 8 Y2- came a melting pot of Hispanics, Asians and Anglos. Churches teach English to mile park. We have a way's to go. The award will really help." newcomers; ethnic festivals promote un-� derstanding and unity. f Agreed Anchorage . Mayor Knowles: "There's nothing like a pat on the back to Designation as an All -America City spur people on to greater things4. `Y4 " y•y1r .3. ff t f t X OZOD - ,..r . N' D � �0 CD . .+ c �o ?=cn U) 5' 3 -. CDjw= D ZCDC� (D cc C +) Q �N O 0 CD �> j O co Z m So 0 0) cDc%- C 3 o CD' O Cl) 0 Cl.N . + (CD CIO 0 C (� 1984-1985 All -America Cities Jury Jn All -America City Award — this year co -spon- sored by Citizens Forum and USA TODAY — is intended, in part, as a constant reminder of k the standards a city hopes to live up to. All - America Cities are not utopias. They are communities that try harder to fulfill the promise of a lively civic life, involving all residents, making progress for all and en- couraging all to strive for excellence. "We say All -America City —but the awards have gone to communities large and small, and even to a metropolitan region encompassing parts of three states. This makes clear that the awards do not go to a place, as such, but to the citizens. The awards do not recognize landmarks or beauty, but rather a way of civic life: filled"with vitality, good will, perseverance and imagination." (All -America Cities Jury Foreman William F. Quinn, Citizens Forum vice president and former governor of Hawaii made these comments.) Co-sponsorship of the All -America Cities program by USA TODAY is in keeping with the newspaper's ob- jectives. Sometimes referred to as the nation's hometown Inewspaper, USA TODAY has a strong in- terest in conveying the capacity for and achievement by ordinary citizens in improving the quality of life. Like Citizens Forum, USA TODAY wishes to find ways to encourage citizens and communities to adopt ideas that have worked elsewhere. The All -America Cities stories are those their readers are making themselves and wanting to hear, and are, therefore, the stories that USA TODAY wants to tell. A brief outline of the accomplishments in the 1984-1985 All -America Cities follows: Albany Formed downtown self-help organization to Oregon develop and implement core area revival 269546 programs; expanded emergency help or- ganization to provide heat, food, clothing and transportation for homeless women and children; and expanded sports and recreation center for young people, and park and open space development Alexandria, Created community organization to sup - Virginia port and strengthen city's public school 1039217 system; rehabilitated and converted limited equity cooperative to be owned by its low - and moderate -income residents; adaptive reuse of factory building for an arts center which contains working studios, provides public and community services and serves as a tourist attraction. Anchorage, Developed immediate short-term and long - Alaska range plans to meet emergency and an- 1749431 cillary needs for workers and families due to large population influx; and streamlined administrative procedures used by Plan- ning and Zoning Commission, and Assem- bly for Neighborhood Improvement Pro- gram. Fayetteville, Center city renaissance through rehabilita- North Carolina tion of housing and business, including 599507 elimination of nuisance strip; mounted fund drives to match a foundation challenge grant to revitalize library and to attract top talent to predominantly black Fayetteville State University; and improved community image through historic preservation pro- jects. Harrisburg, Programs developed by various Pennsylvania groups —nonprofits, churches, Union 539257 League, historic associations, City Redevelopment Authority, etc. —to deal with substandard and shortage of housing; conducted Urban Futures regional meeting for better coordination of volunteer resources; and undertook various pub- lic/private initiatives to bolster local economy. Monterey Park, Developed program and organizations to California deal with problems associated with a multi- 54,338 ple-culture community; established spe- cialized crime prevention and residen- tial/commercial revitalization programs to serve minority communities; and created literacy training and bilingual programs. Quincy, Developed innovative effort which resulted Illinois in turning a vacant plant into an industrial 42,554 mall for high-tech firms; refurbished junior high auditorium through special funding program; and recast downtown uses in light of regional competition. Tempe, Integrated youth into community problem Arizona solving process through youth "Town Hall" 1067743 meetings, planned and run by the young people who make up the Mayor's Youth Ad- visory Committee; created the Tempe Center for the Handicapped to provide wide range of vocational training services; and planned transformation of dry riverbed into higher quality land usage incorporating a linear park. How the Winners Are Selected Each year, the Citizens Forum/National Municipal League responds to between 500 and 600 All -America Cities Awards Program nominations. Of those com- munities requesting the entry material, about one-third actually complete and return the official form. This is the first step in the process, which is taken by the com- munities themselves. Each potential entrant is asked to portray its strengths and weaknesses in detail. Many communities, u hies, after reviewing their accomplishments, decide that they must invest more time and citizen ef- fort before they are ready to enter the program. Mayor Henry G. Cisneros (San Antonio, Texas, 1982-1983 A -AC winner) greets David R. Almada (Monterey Park A -AC delegation) The second step is selection by a screening commit- tee of public.affairs experts of no more than 22 com- munities to send representatives to the National Con- ference on Government for the third evaluation step. The finalists' representatives make formal presenta- tions before the All -America Cities Awards Jury, which was headed for 26 years by George Gallup, chairman of the American Institute of Public Opinion. The foreman for 1984-1985 was William F. Quinn, Citizens Forum vice president and former governor of Hawaii. The other members of the jury include leaders from na- tional, state, regional and local organizations with an in- terest in effective citizen action, as well as prominent government and education leaders. Based on the communities' presentations and accompanying written materials, the jury selects a group of tentative winners. During the months following the National Conference on Government, CF/NML verifies the Jury's findings, and the winners are an- nounced early the following year. Program Benefits All -America Cities Awards Program finalists and win- ners receive well -deserved national, regional and local recognition. The application, screening and awards process establishes a format through which commun- ities can evaluate and highlight their accomplishments. It also heightens citizens' interest in consideration of future goals and objectives. Whether or not a communi- ty wins, the process makes it possible for citizens to focus on things that need to be improved, and to sug- gest a redirection of efforts based on better under- standing of problems and the framework within which they can be tackled. Participation in the National Con- ference on Government fosters a dialogue among com- munities which have active citizens and responsive public officials, providing an opportunity for sharing ideas about mutual problems and possible solutions. By providing examples of successful citizen action projects, the All -America Cities Awards Program also encourages other communities to initiate or continue effective involvement in local public affairs. Following each cycle of the program, the Citizens Forum/National Municipal League often provides con- sultation for finalist communities that wish to further their citizen action efforts and evaluate decision making. Delegation from Alexandria, Virginia, making All -America Cities presentation. In order to transfer All -America Cities experience to other citizen and governmental leaders looking for solu- tions to problems in their own communities, CF/NML used that information to form the initial database of CIVITEX (Civic Information and Techniques Exchange), a citizen action information and referral service. For in- formation on CIVITEX only, call 800-223-6004. Guidelines for Eligibility If you believe that there is a genuine attempt by citizens to confront and solve the problems facing the community, then please write or call for an All -America Cities Awards Program entry form. Before filing the entry form, discuss the situation with others. Analyze the basic problems, and determine whether they have been addressed by the community as a whole or solely by elected officials. Should you decide that your community is not yet ready to participate in the program, and want to analyze the situation further, we encourage you to at- tend the National Conference on Government workshops, as well as the All -America Cities Jury hear- ings. In addition, you may want to contact the Citizens Forum/National Municipal League directly about solu- tions to a particular problem. Questions to Consider Have major projects been undertaken and com- pleted which relate to a basic problem and which have benefited the community as a whole (not just a small segment)? How innovative are the techniques or solu- tions? Do the projects represent preventive or remedial solutions? Have these major projects or accomplishments been the result of involvement and action by a substan- tial number of citizens representative of all elements in the.community? If .the problems are to result in specific actions, will they be completed or- nearing completion by the end of thfs year? If your programs concentrate on continuing activities, in human relations, health or social services, for example, will there be evidence of constructive results during this year? Can you give concrete ex- amples, e.g., how many will benefit? how many jobs will be created? Points to Remember Any size community may enter. A community may be an incorporated city, town or village; a neighborhood within a large city; an urban county; an officially recognized region made up of two or more cities; or a rural region with common ties. (Regardless of the jurisdiction winning, the award remains "All -America City.") Population and economic resources are taken fully into account. Major financial support for the All -America Cities Awards Program for 1985-86 has been received from USA TODAY. Constructive recognition of problems, successful ac- tion and citizen involvement in the development of solu- tions are the criteria for All -America City designation, not "perfection." The award does, however, symbolize communities which have both responsible citizens and responsive governmental institutions. Therefore, a community may be disqualified because of existing critical problems unless the All -America Cities Jury determines that progress is being made toward solu- tions. For a community to qualify, an official All -America Cities Awards Program entry form must be filed by a citizen, a citizens' group or other organization, e.g., Chamber of Commerce, or a public official. In order to help defray continually increasing ad- ministrative costs of the program, a $15 fee has been established for filing a COMPLETED ENTRY. There is no fee for obtaining forms. Filing the Entry The official entry form must be completed in full and returned with the $15 filing fee to the Citizens Forum/National Municipal League, postmarked no later than September 3, 1985. (Do not send scrap- books, exhibits or supporting material.) Additional infor- mation will be requested if needed. To obtain an official entry form, fill out the coupon and send to: All -America Cities Awards Program Citizens Forum/National Municipal League 55 West 44th Street New York, New ,York 10036 — 212/730-7930 Please send 1985-1986 All -America Cities Awards Program entry form and information to: Name Organization Address City State Zip (Program closes September 3,1985) A copy of "A Common Thread," a 30-minute video tape on the All -America Cities Awards Program and citizen action, is available for 5-day rental. Cost is $20 plus $3.00 postage and handling (please enclose check). Available in 1/2" reel-to-reel videotape or 3/4" videocassette. If you wish to rent a tape, please check preferred format: reel-to-reel videocassette 4 CITY O,F KENAI 60 a . 44"4a it eapi&i 4 210 FIDALGO KENAi, ALASKA 99611 "-' TELEPHONE 283 - 7535 TO: Engineering Firms FROM: Keith Kornelis, Public Works Director SUBJECT: REQUEST FOR ENGINEERING DESIGN AND CONSTRUCTION MANAGEMENT PROPOSALS Gentlemen: The City of Kenai is seeking Engineering Design and Construction Management Proposals project entitled: "Kenai Boating Facility" Interested firms are asked to submit fourteen (14) copies of their proposal. Specific information would as a minimum include: specialized experience, individual work assignments, project approach, project scope, project schedule, and not -to -exceed cost figures. Special emphasis is to be placed on project schedule including construction time and how the fishing fleets' needs will be met during the fishing season. Commercial fishing starts around June 15, peaks.around July 20, and ends around August 15, Please separate your proposal into two parts: 1) Engineering design; and 2) Construction Management including inspection, testing, and surveying. A copy of each firm's proposal will go to each of the City of Kenai's Council Members and the Kenai Advisory Harbor Commission with the remaining copies retained by the City Administration. The Harbor Commission and the Council of the City of Kenai may meet in a work session or Council meeting to evaluate and discuss the proposals. The Public Works Administration will also make a recommendation. The firm will be chosen by a resolution passed by the Council of the City of Kenai, DEADLINE FOR SUBMITTING PROPOSALS The deadline for submitting proposals is 1,-3o -?(,. , at 5:00 p.m, local time. Please submit your proposals in a sealed envelope marked in the left-hand corner with "Engineering- Kenai Boating Facility." All of the engineering proposals.will remain in R their sealed envelopes until this time. Even though this is not a bid proposal but a proposal for professional services, we want to keep all the firms on an equal basis and prevent any influence that a proposal may have on others if opened earlier. PROPOSAL CONTENT Include information for each of the following items organized in a logical, clear way, in order for the City of Kenai to make a proper evaluation. 1. The firm's specialized experience in the type of work required. Include a record of the firm in accomplishing work on other similar projects in the required time. 2. List the qualifications and experience of the individuals who are going to actually perform the work on this project. Include the complete resumes of the individuals that your firm is going to assign to the project if awarded. 3. Give the geographical location or locations where the work on this project will be performed. Also include information to indicate your firm's knowledge of our local situation. 4. Give an explanation of how your firm will approach this project and how this project would fit into your firm's list of priorities in your current workload. Include your ideas on how to handle the scope of work - your solutions to the many problems. 5. Give your firm's proposed work schedule showing major items to be accomplished and dates you plan on accomplishing them. Give a manpower allocation to each work task for each project, 6. Give the rates at which your firm proposes to do the work with a not -to -exceed figure for the project as a whole -with a breakdown to show the expense and effort needed for each work task to show how the total figure was arrived at, 7. Give a TOTAL project cost estimate breakdown as shown in BUDGET (total cost to be $1,685,000). Although the City of Kenai is asking for a not -to -exceed figure and engineering cost rates, the Council of the City of Kenai may not necessarily choose the firm which has the lowest rates and lowest not -to -exceed figure. ERRORS AND OMISSIONS INSURANCE: If $1,000,000 of Errors and Omissions Insurance cannot be provided, state the amount that can be provided (or the amount your firm feels is necessary) and the cost difference to the City. The City will decide the importance of full Errors and Omissions Coverage. SCOPE OF DESIGN The design project includes complete sets of plans, specifications, soils records and documents so that the project can be bid. The City of Kenai would like 35 copies of the final product. All copies of the completed materials are to be included in the not -to -exceed figure. The not -to -exceed figure should be all inclusive - all reimbursable expenses should be included in phis figure. This gives reasonable assurance the City of Kenai will not go over budget, Enclosed (Attachment A) is a blank contract "Agreement to Furnish Engineering Design Services to the City of Kenai, Alaska." If your firm is selected, you would be asked to enter into a similar agreement with the City of Kenai and furnish all services outlined. Also enclosed (attachment B) is a blank contract "Project Management, Coordination, Surveying, and Engineering Inspection Services. . . ." If your firm is selected, you would be asked to enter into a similar agreement with the City of Kenai and furnish all services outlined. GENERAL ENGINEERING REQUIREMENTS Plans will be drawn, in ink, on 24" x 36" 3 mil or heavier plan and profile mylar. Leroy lettering will not be necessary if quality free -hand lettering can be accomplished. Plan sheets will be done in a very clear and precise manner and not be crowded with too many items on a sheet. All drawings are to be legible and complete. These general requirements are in addition to the contracts listed as attachments A & Be TENTATIVE SCHEDULE - Request for Proposals (.Advertised) - Proposals Due at 5:00 p.m. - Council Award Design Engineering Projects Design Project Completed - Construction Bid Date Co-nstruction PROJECT SCOPE The "Kenai Boating Facility" shall include: 1) The dock 2) The fuel facility 3) The dock office facility 4) A repair grid minimum 50 feet 5) Lifting facility "cranes" 6) Public restroom and shower facility (on site water & sewer) 0 The City of Kenai is looking for a simple low cost economical method, both in capital costs and operational and maintenance costs, to provide the public with the six items listed above. The enclosed attachments "C" and "D" show the site location of the project. This project is to be accomplished in a way that allows for future expansion of the facility at a later date. The City of Kenai has the following studies that are to be thoroughly reviewed by firms submitting a proposal. The documents are available for review at Kenai City Hall and it is mandatory that you review them. Please check in at City Hall and also mention in your proposal that you have thoroughly reviewed these documents. 1) Kenai Harbor Study - Conceptual 2) Geotechnical Reconnaissance Report Small -Boat Harbor 3) Sedimentation Study 4) Financial Analysis and Outline Design 5) Demand Analysis/Environmental Review 6) Small Boat Launch Ramp 7) Proposed Barge Terminal 8) Interim Harbor Improvements After reading through the studies listed above, the firms submitting proposals will understand that there is a multitude of problems that will have to be addressed. Such things as: siltation/sedimentation, fish handling facilities, depth of clay and piling depths, Corp of Engineers permits, other State and Federal permits and reviews, freight and cargo unloading, type of capacity of lifting cranes, effects of tidal and river action, erosion and ice problems, and etc. It will be the consultant's responsibility to prepare and submit the necessary State and Federal Permits including the Corp of Engineers permit. This process is to start immediately after award of the design contract . Also, major items such as the type of dock to be built needs to be carefully studied. How will it be made and what will it be made out of? Should it be a sheet pile bulkhead that is backfilled or should it be made out of steel piles with a floating dock? Maybe it should be a combination of the two or maybe a module or floating barge type dock. All the above questions may not be able to be answered completely in your proposal, but please try to address them the best you can in your sections on project approach and project scope. Tell us what you feel is the best way to handle this project! BUDGET The total amount of funds available for this project is $1,685,000, But this is the TOTAL and includes: 1) Public Works Administration 2) Engineering design 0 3) Engineering Construction Management, Inspection, Surveying, and Testing 4) Construction 5) Contingency. Please submit an estimated budget cost for the TOTAL project. The Public Works Administration part of the budget is usually around $2, 000 and the contingency usually amounts to 10°0 - 1 5°0 of the construction budget. Place any excess funds in the contingency part of the budget. ATTACHMENT A C AGREEMENT TO FURNISH ENGINEERING DESIGN SERVICES TO THE CITY OF KENAI, ALASKA THIS AGREEMENT, effective as of and between the Cityof K , 198by Kenai' Alaska, hereinafter referred to as the OWNER, and * a consultingEngineering firm hereinafter referred to as the ENGINEER, SCOPE OF SERVICES The scope of services shall be as described in the Request for Proposals; the * Proposal; sal; and Resolution No. WI TNESSETH: That for and in consideration of the mutual covenant s and promises between the parties hereto, it is herebyagreed: SECTION A - ENGINEERING SERVICES That the ENGINEER shall furnish basic e en inerin ' follows: engineering services as 1. The ENGINEER shall, in consultation with the OWNER, and under the direction of a License d Surveyor, prepare a preliminary plat of proposed land transfers required as a direct result of this project. 2. The ENGINEER will perform the necessarysurveys to determine suryy etermine the contours, clearances, locations, and dimensions of all land features and structures which pertain to or affect the des ign of he project. The ENGINEER will locate and/or establish temporary and permanent survey control markers, both horizontal and vertical, adequate to locate the projects with respect to property boundarie and existingP survey control points and datum. 3. The ENGINEER will perform subsurface ex l,orations P , test borings, and supervise the making of said borings, which necessary for the design of the g are g project, . Attachments: Certificate of Insurance Proposal and Rates Resolution of Award 1 Owner 4. Services to be furnished by the ENGINEER shall be supervised and directed by *. In the event that said supervisor is unable to serve for any reason beyond the control of the ENGINEER, the ENGINEER shall appoint a successor wh-o shall be subject to the written approval of the OWNER, 5. The ENGINEER is to advise in writing all Utility Companies, including but not limited to, Kenai Utility Service Corporation, Homer Electric Association, Glacier State Telephone, and In lets isions that work is being done on this project. Copies of the letters to the Utility Companies will be sent to the OWNER. The ENGINEER will work with the Utility Companies to properly locate all utilities on the drawings. The ENGINEER is to give the utilities due consideration in planning so that the formulation of plans will have the least impact on utilities but be consistent with good design. 6. The ENGINEER will prepare preliminary construction plans and cost estimates, and design reports, and furnish five copies to the OWNER. The OWNER shall complete his review of these items and forward his instructions to the ENGINEER within 10 calendar days after submittal. If there are significant changes the OWNER may instruct the ENGINEER to resubmit the preliminary plans for. the OWNER to review, in which case completion herein will be extended by 12 days. The ENGINEER will also send copies of the preliminary construction plans to all utilities operating within the City of Kenai asking them for their review and comments within 10 calendar days. A copy of the transmittal letter to these utility companies will be sent to the City of Kenai. 7. The ENGINEER will attend 4 conferences with the OWNER and representatives of other interested parties, relative to the project other than those mentioned in Al2. 8. After the preliminary plans have been reviewed and the OWNER directs the ENGINEER to. proceed, the ENGINEER will accomplish the detailed design of the projects, prepare detailed plans, specifications, and contract documents, and make final cost estimates based on the final designs. The contract documents shall include, without being limited thereto, the Supplementary Conditions to the Standard Specifications of the City of Kenai, and bid proposal forms. All of these documents shall be subject to OWNER approval. The plans prepared by the ENGINEER shall be in sufficient detail to permit the actual locations of the proposed improvements on the ground. F4 Owner Engineer 9. The ENGINEER will furnish to the OWNER at the rate set in the Proposal dated , 30 sets of plans, specifi- cations, and contract documents. Original Documents are, and shall remain, the property of the OWNER. ENGINEER may retain for its files copies of any or all documents with such copies to be paid for by the ENGINEER. 10. The ARCHITECT/ENGINEER will furnish to the OWNER one set of good quality 3 mil or better mylar reproducible plans. Plans to be on 24" x 36" sheets. The first sheet or title sheet shall contain the following chart to be filled in when appropriate. DESIGN A/E: Design A/E Subconsultants: NAME DISCIPLINE CONSTRUCTION CONTRACTOR: Construction Major Subcontractors: NAME SERVICE now .____.. C Owner Engineer C Major Suppliers NAME MATERIALS no INSPECTION A/E FIRM: Responsible Inspector: Construction Start' Date : Construction Completion Date: Following the first or title sheet will be a location sheet showing where the project is located within the City of Kenai. Also, a detailed location map will be furnished showing each City street in the project area and clearly indicating with sheet numbers the areas that match the following sheets. 11. The ENGINEER will prepare and deliver any addendums necessary to carry out the work under the scope of this Agreement prior to acceptance of bid proposals by contractors. 12. The ENGINEER will attend the pre -bid conference and bid opening, tabulate the bid proposals, make an analysis of the bids, and make recommendations for awarding contracts for construction. The ENGINEER will also attend the pre -award and pre -construction conferences. 13 The ENGINEER will check and approve any necessaryshop p and working drawings furnished by contractors. This shall be limited to design related items. Project inspection or management services would not be expected. 14. The ENGINEER will interpret the intent of the plans and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The 0 Owner Engineer C C ENGINEER will not, however, guarantee the performance by any contractor. Project inspection or management services would not be expected. 15. The ENGINEER will promptly mail a copy of ALL correspondence, P , memos, drawings, permits, and anything else concerning this project to the City of Kenai Public Works Director. The ENGINEER will confirm or make a memo for the record of all verbal dis- cussions concerning the project with copies sent to the City of Kenai. 16. The ENGINEER will notify the City of Kenai immediate) of Y any difficulties they are having with their design, budget, or in meeting the schedule. 17. The ENGINEER shall secure and maintain such insurance as will protect him and the City as a named insured, from all claims under the Workmen's Compensation Acts and from claims for bodily injury, death, or property damage as well as any act, error or omission of the ENGINEER, his agents or employees which may arise from the performance of his services under this Agreement. The minimum limits of coverage shall be: Alaskan Worker's Compensation and Employer's Liability Insurance Statutory/$500,000 Comprehensive General -Auto Liability With included Premises, Operations, Contractual Liability, and Owned, $190009000 Hired, and Nonowned Vehicles Combined Single Limit Professional Liability Errors and Omissions $110009000 The ENGINEER shall secure certificates of insurance which shall be filed with this Agreement as Attachment A and these certificates shall provide for not less than thirty days written notice to the City of cancellation, expectation, or substantial change in policy conditions or coverage. 18. The ENGINEER agrees to comply with Federal Executive Order No. 11246, entitled, "Equal Employment Opportunity," as supplemented in Department of Labor Regulations (41 CFR, Part 60) if this "Agreement" exceeds $10,000; and Sections 103 and 107 of 5 Owner Engineer th e e Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5) if this "Agreement" exceeds $2, 500 . SECTION B - COMPENSATION FOR ENGINEERING SERVICES 1. That the OWNER shall compensate the ENGINEER for services under Section A by payment of an amount computed from actual time expended and expenses incurred, at the rates set forth in Section D. The compensation for work under Section A shall be computed separately, and the total compensation for this item shall not exceed the respective amount as follows: Item Cost (not to exceed) As enumerated in the Scope $ of Services This limit of cost shall not apply to work performed under Section C, nor to work required for redesign of any item after approval of the design by the OWNER, nor to modifications of bid documents required because of changes in bid dates or re -bidding, 2. The ENGINEER will keep detailed cost records to serve as justification for the billings. 3. Payment of compensation under this Section shall be made as follows: Progress Payment: Progress payments at intervals of thirty ( 30 ) days for the appropriate work will be made upon receipt and acceptance by the City, less a 10 percent retainage, at the option of the City, to be paid upon final acceptance of the entire project as awarded, Pay periods for the progress payments will end, but include, the last day of the month. The City must receive the progress pay estimate prior to the second Wednesday of the month. This estimate will then be, submitted to the. City Council for approval at their regular meeting on the third Wednesday of each month. Progress reports shall be delivered with each pay estimate. Final Payment : Upon delivery to, and acceptance by, the City of all work and materials specified in agreement, final payments of any amounts due will be made. m Owner Engineer The acceptance by the Consultant of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Consultant for all things done or furnished in connection with this work. No payment however final or otherwise shall operate to release the Consultant from any obligations under this contract. SECTION C - ADDITIONAL ENGINEERING SERVICES 1. That, in addition to the foregoing services, the following services may be required, when mutually agreed upon by the OWNER and the ENGINEER in a written amendment to this Agreement: a. Assistance in negotiating for land and easement rights. b. Redesigns ordered by the OWNER after plans have been approved by the OWNER. c. Appearances at the request of the OWNER before courts or boards on matters of litigation related to the project, d. Detailed inspection of the project as construction progresses. e. Furnishing sets of contract documents in excess of those required in Section A9. 2. Payment for the services specified in this Section C shall be in accordance with the schedule set out in Section D hereof. The ENGINEER will render to OWNER for such services an itemized bill, separate from any other billing, at the end of each month for compensation for services performed hereunder during such month. SECTION D SCHEDULE OF RATES AND CHARGES FOR ENGINEERING SERVICES That the rates and charges for services under Sections B and C shall be as attached hereto and by reference made a part hereof. 7 Owner Engineer SECTION E - TIME OF PERFORMANCE That the ENGINEER shall complete the work under the following schedule: PARAGRAPH A6 A9 COMPLETION DATE Within 66 calendar days after receipt by the ENGINEER of the OWNER'S review comments on the documents submitted under Paragraph A6, the ENGINEER shall complete all work under Paragraph A9. SECTION F - TERMINATION That, in the event of termination or indefinite postponement of all or part of this project by the OWNER, the ENGINEER shall be compensated for work accomplished to that time as follows: For work actually accomplished and expenses incurred under Section A, based on the payroll and time records of the ENGINEER, at the rates set in Section D, but not to exceed the total amount(s) stipulated in Section B. The additional services and costs incurred in accordance with Section C will be submitted separate from any other billing as stipulated in Section C. SECTION G - CONDITIONS 1. The ENGINEER, all employees of the ENGINEER, consultants and other personnel employed by the ENGINEER providing services under this Agreement shall in no way stand to gain financially from the terms of this Agreement except for wages, salaries, or bonuses paid by the ENGINEER or payments under this Agreement, nor shall they own any interest in any contracting firm, subcontracting firm, or material supplier connected with the designated project, 2. This Agreement is binding upon both parties, their legal representatives, successors, and assigns. 3. The ENGINEER shall not assign or transfer his interest or any part thereof in this Agreement without the City's prior written consent to such assignment or transfer. Owner Engineer 4. Any civil action brought by an art under this Y party r s Agreement shall be commenced and maintained in the Superior Court Judicial District Kenai P , Third Alaska, SECTION H - EXECUTION IN WITNESS WHEREOF, the parties hereto have executed .their d � or caused to be executed b ymy authorized officials, below this Agreement in duplicate on the respective dates indicated below, (SEAL) OWNER: CITY OF KENAI ATTEST: Janet Whelan City Clerk ATTEST Name Title By: Wm. J. Brighton City Manager Date : ENGINEER: Date : E Owner Engineer ATTACHMENT B Project I .Do Project No. PROJECT MANAGEMENT, COORDINATION, SURVEYING, AND ENGINEERING INSPECTION SERVICES CONTRACT BETWEEN: CITY PROJECT ENGINEER City of Kenai 210 Eidalgo Street Kenai, Alaska 99611 (907) 283-7535 TABLE OF CONTENTS Section Tit le Page 0 Title Page and Table of Contents 1 1 Services Rendered 2 2 Period of Service 2 3 Basic Services of the Project Engineer 3 4 Consideration for Basic Services Performed by the Project Engineer or his Subcontractors 9 5 Additional Services of the Project Engineer 10 6 Consideration for Additional Services Performed by the Project Engineer or his Subcontractors 12 7 Method and Times of Payments to the Project Engineer 12 8 The City's Responsibilities 13 9 General Conditions 14 10 Execution 17 Attachments: Proposal and Rates Certificate of Insurance Resolution of Award 1 L Owner Engineer L PROJECT MANAGEMENT, COORDINATION, SURVEYING, AND ENGINEERING INSPECTION SERVICES CONTRACT hereinafter referred to as "Project Engineer" hereby enters into the following contract with the CITY OF KENAI, a first-class home rule municipality, hereinafter referred to as "CITY", this day of y 1984. � In consideration of the mutual covenants set forth herein the City and the Project Engineer agree as follows: SECTION 1 SERVICES RENDERED 1 .01 .00 Project Engineer agrees to perform the J ro 'ect P management, coordination, surveying, and engineering inspection services for the following projects: Project Description SECTION 2 PERIOD OF SERVICE 2.01 Starting and Terminating Service 2.01.01 Following the authorization to proceed from the City, the Project Engineer will J g� proceed with the performance of the services called for in this Agreement. 2.01.02 Unless sooner terminated, as provided in Article 2.02 this Agreement shall remain in force for a period which may reasonably be required for the construction of the project, , including extra work and any required extension thereto but not until detailed progress reports are submitted for each J o P r'ect, However, the provisions of the Article 9.03 shall remain in effect after termination of the provisions of this Agreement, 2.01.03 The Project Engineer will have 60 days after the construction contractor has received his final payment to complete this contract. If the City has not received a a request from the Project Engineer marked "Final P 9 nal Pay Request', within 60 days after the construction contractor has received his final construction contractor's payment then the last pay a request q received from the Project Engineer will be considered his final and last payment request. 2 Owner Engineer 2.02 Termination Prior to Completion 2.02.01 The City, at its option and for any reason, may elect to terminate this Agreement upon thirty (30) days notice after paying the Project Engineer in full for all of its just rates, charges, expenses (not exceeding the not -to -exceed figure for basic services), rendered up to the date of termination. Should any project extend beyond this termination date then the Project Engineer may be released from his obligations hereunder after presenting to the CITY all records so that the CITY may complete the inspection project in-house. In no event shall the Project Engineer be compensated beyond the not -to -exceed amount as agreed to in Article 4.01 of this Agreement or beyond the amount authorized in writing by the City under additional services. 2.02.02 This Agreement may be terminated by either party with seven days written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is so terminated, the Project Engineer shall be paid as provided in Sections 4 and 6. SECTION 3 BASIC SERVICES OF THE PROJECT ENGINEER 3.01 Project Engineer's Supervision 3.01 .01 The Project Engineer shall keep the City informed of the status - of the work being done for this: project. _. 3.01.02 The Project Engineer shall provide daily supervision on site during construction to observe and provide written reports of progress and quality of the executed work and to determine in general if work is proceeding in accordance with the Contract Documents. His efforts will be directed toward providing assurance for the City. that the completed project will conform to , the requirements of the Contract Documents, and. as the City 's Representative, he will keep the, City adequately informed of the progress of the work and will endeavor to guard the City against defects and deficiencies in the work of the Contractor, and may disapprove of or reject work as failing to conform to the Contract Documents. 3.01.03 The Project Engineer shall make arrangements for and supervise any required testing necessary for the project and shall supervise any required .subsurface explorations to determine amounts of excavation necessary on the project, 3 41 Owner Engineer 3.01.04 In order to fulfill his duties properly, the Project Engineer shall: a. Be completely familiar with the Contract Documents before commencement of the work. b. Notify the design architect/engineer of any discrepancies observed, and request clarification for all items not fully understood. c. Obtain from the design architect/engineer further details or information if required for the proper execution of the work and notify him about all phases of the work and meetings that may _require his presence. do Be available during the contract construction phase to advise the City as to interpretation of the Contract Documents, including the working drawings. e Keep ahead of the work being performed so as to anticipate items that might tend to interfere with the progress of the construction. f. Be familiar with codes applicable to the work. Request interpretation if in doubt. 9. Generally be acquainted with and have access to referenced standards. h. Request manufacturer's literature or printed instructions if referenced. i. Consider suggestions or recommendations made by the contractor, and refer them to the design architect; engineer and/or the City, j . Accompany the design architect/engineer when they are observing or inspecting the work. k. Notify the design architect/engineer or City of material deliveries that are out -of -sequence. 1. Observe actual progress in comparison with estimated progress. m. Record and report conditions that may cause a delay in completion of the work. 3.02 Project. Engineer's Authority 3.02.01 The Project Engineer shall be the City's authorized representative on the project and shall act as liason between the City and the contractor . 3.02.02 The Project Engineer shall observe the work and inform the contractor in writing of his failure to meet the requirements of the plans and specifications. He will request the contractor to correct any deviations from the plans and specifications. He 4 Owner i Engineer will also notify the City in writing of any deviations, requests r' made to the contractor, and corrections made by the contractor within three (3) regular working hours. 3.02.03 The Project Engineer shall act as the Engineer as provided for in the Specifications of the project listed in Section 1. The extent and limitations of the duties and responsibilities and authority of the Engineer as assigned in said. Standard General Provisions shall not be exceeded without the City's written consent, all of the City's instructions to the Contractor shall be issued through the Project Engineer who shall have authority to act on behalf of the City to the extent provided in . said Standard General Provisions except as otherwise provided in writing. 3.02.04 The Project Engineer will issue all instructions of the City to the Contractor and prepare routine change orders as required. He may, as the City's representative, require special inspection or testing of the work (whether or not fabricated, installed or completed) . He will interpret the terms and conditions of the Contract Documents, and will make recommendations on all claims of the City and the Contractor relating to the execution and progress of the work and all matters and questions related thereto, 3.02.05 The Project Engineer shall not be responsible for the acts or omissions of the Contractor, any subcontractor or any of the Contractor's or subcontractor's agents or employees or any other person performing any of the work under the construction contract (i.e., construction deficiencies). 3.02.06 TheProject Engineer shall not advise. on or issue directions to the contractor relative to any aspect of construction means, methods, techniques, sequences, or -procedures. 3.02.07 The Project Engineer shall not assume. responsibility for any safety procedures, b-ut if hazards are observed,.he should report the conditions to the City and record them. 3.02.08 The Project Engineer shall, not authorize deviations from the Contract Documents except as provided in Article 3.02.049 nor interfere with the work to be performed by the contractor, nor assume any responsibility for the performance of the work. 3.02.09 The Project Engineer shall not stop the work except with written authority of the City. Owner Engineer 3.03 Project Engineer's Reviewing and Recommending 3.03.01 The Project Engineer will review and make a recommendation of proposed contract change orders for approval. To be effective, all change orders must be approved by signature nature of the contractor, design architect/engineer, project engineer, and the City, � 3.03.02 The Project Engineer will monitor and review the certified payrolls for each contractor and subcontractor, and forward the same to the City. He will notify the contractor that he and his subcontractors are to send copies to the Alaska Department of Labor, 3.03.03 The Project Engineer shall check and approve shop P drawings, diagrams, illustrations, brochures, catalog data, schedules and samples, the results of test and inspections and other data which the Contractor is required to submit, but only for conformance with the design concept of the project and compliance with the information given in the Contract Documents. He will assemble maintenance and operating instructions schedules, guarantees, bonds and certificates of inspection as required by the Contract Documents, 3.03.04 He will review and make recommendations for approval of the contractor's schedule of amounts for contract payment. 3.03.05 Based on his on -site observations as an experienced and qualified design professional and on his review of the Contractor's applications for payment and supporting data, the Project Engineer will determine the amount owing to the Contractor and recommend by signing the pay estimate and/or by letter, payment to the Contractor in such amounts. Such recommended approval of payment shall constitute a representation P n to the City, based on such observations and review, that the work has progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning project upon substantial completion, to the results of any subsequent tests called for in the Contract Documents and to any qualifications stated in his approval) . The Engineer's recommended approval of an application PP n for payment shall not be deemed to have represented that he has made any examination to determine how or for what purposes the Contractor has used the monies paid on account of the contract price. Owner .- Engineer c 3.03.06 Partial or final pay estimates for payments to the contractor must be approved by signature from the Contractor, design architect/engineer , project engineer, and the City before payment will be made. 3.04 Project Engineer's Reporting and Recordkeeping 3.04.01 The Project Engineer shall see that all correspondence, plans, survey books, drawings, memos, reports, charts, manufacturers data, operation and maintenance manuals, or anything else that relates in any way to the project is delivered in a timely and orderly fashion to the City. 3.04.02 The Project Engineer shall: a. Organize a complete system of construction records including without being limited to, the following: 19 Daily log book, daily report system 2. Progress report system on a monthly basis 3. Correspondence file 4. Payment file 5. Change order file 6. Shop drawing and sample submittal file 7. Substitutions file 8. Test and inspections file 9. Site conference file 10. Job memo file b. Obtain a complete set of Contract Documents. c. Obtain or have access to all codes and standards governing the work. 3.04.03 The Project Engineer shall ascertain that a workable method of procedures is developed concerning communications, correspondence, shop drawings, samples, substitutions, payments, .changes, tests, and specialized inspection. 3.04.04 The Project Engineer shall present daily reports to the City by hand delivery to the City Public Works Director (or his delegate) each and every day that work progresses, giving for each project the amount of time inspectors worked on each project, the men and equipment used on each project, and the principal items of work completed on each project. Daily reports shall include a statement as to how the project is progressing in light of the Specifications and Project Engineer's estimations as it relates to estimated quantities, soil quality, and the like. Additionally, such daily reports shall contain a complete 7 Owner Engineer 0 documentation (including cause, time, and location) of any specific directions given to the contractor relating to fulfilling the contractor's obligations pursuant to the specifications. 3.04.05 The Project Engineer will keep the City informed of quantities to date and estimated before completion. The Project Engineer will notifythe City immediately y lately and in writing when he feels that there will be quantity overruns. 3.04.06 The Project Engineer shall question the contractor for assurance that he has contacted local utility companies (including gas, electric and telephone) before any excavation or ground breaking is permitted on any project and include a statement to that effect in his daily report. 3.04.07 In addition, the Project Engineer shall submit on a monthly basis a log of project activities and a work status. The work status shall include the current percentage of completion and the anticipated completion date of P P the presently authorized phase. This report shall also describe any problems or factors contributing to delay. 3.04.08 The Project Engineer shall keep an accurate record of time and materials for force account work. 3.04.09 Since the use of a camera serves as an invaluable visual record of job conditions, the Project Engineer shall file photographs to indicate pre -construction conditions, foundation and utilities placement, and conditions prior to "closing -in" to provide a good record and assist owner, in future maintenance. 3.04.10 The Project Engineer shall report to the City progress ress made toward meeting the minority business enterprise requirement if such requirement exists, 3.04.11 The Project Engineer shall assist the City in preparing P g such quarterly status reports as are required by State or Federal agencies. 3.04.12 The Project Engineer shall recordand report any unsafe conditions observed to the contractor and if uncorrected notify both the contractor and the City in writing within one (1) working hour of such report. X Owner Engineer 3 .05 Qualitv and Quantity Control , Surveying, and "As -guilt" Drawings 3.05 .01 The Project Engineer shall be required. to provide construction and "as -built" surveying which will include the following: a. Centerline and Clearing Limits ( full stations) b. Crosssection, Slope Staking and Quantities c. Blue top Classified and Leveling Course (full stations, PT, PC & intersections) d. Staking curb & gutter, sidewalks, and driveways (50 ft. station and 25 ftstation on curves) e. Water, Sewer, and Storm Drain Staking --including service line locations (horizontal and vertical alignment) f. Lighting, Painting, and Sign Locations g. All utilities as -built and prepare as -built drawings (water, sewer, storm drainage, road improvements and other items actually constructed by the contractor) h. Three swing ties for all valves, cleanouts, manholes, service lines, fittings, monuments, and any other items that may need to be located in the Future, 3.05.02 The Project Engineer will provide all quality and quality control and material testing in accordance with the Design Specifications as part of the Section 3, Basic Services of the Project Engineer. The Project Engineer shall provide soils testing, concrete testing, and any other necessary testing for the project. 3.05.03 The Architect/Engineer shall deliver to the Owner, within two months after final completion of the Work, necessary sets of all documents prepared under this contract and at the conclusion of the Work shall furnish "As -Built" Drawings showing the project "As -Built ". and complete. All sheets shall be marked "As -Built" in one -inch capital letters. All swing ties listed under Article 3.05..01 h will be shown on th.e "As-Builts". The first sheet or title sheet shall have the following chart completed . 0 (40, Owner Engineer k4- DESIGN A/E: Design A/E Subconsultants: NAME DISCIPLINE CONSTRUCTION CONTRACTOR: Construction Major Subcontractors: NAME SERVICE Major Suppliers: NAME MATERIALS INSPECTION A/E FIRM: Responsible Inspector Construction Start Date Construction Completion Date 10 Taw Owner Engineer U Also included on the first sheet will be the followin statement signed and dated. 9 � "The following sheets are record drawings prepared by us based in part on information provided to us by others and carefully checked by us and are believed to be a reasonable and accurate representation of the work as constructed." All drawings required herein shall be on good quality 3 mil mylar so that they will be fully reproducible. The sheet size will be 24" x 36". The Project shall not be closed out until all required drawings have been submitted to, and accepted by, the Owner, 3.06 Final Inspection and Final Contractor Payment 3.06,01 The Project Engineer will conduct an inspection to determine if the project is substantially complete and a final inspection to determine if the project has been completed in accordance with the Contract Documents and if the Contractor has fulfilled all of his obligations thereunder, 3.06.02 The Project Engineer will advise the City whether or not to accept the work as performed by the contractor and his subcontractors. He will also provide a punch list for unfinished work with a recommendation as to acceptance. 3.06.03 The Project Engineer will provide assistance in the initial start-up and test operation of equipment or systems and the preparation of a manual of operation and maintenance, based on submittals from the contractor and the design engineer. 3.06.04 The Project Engineer will submit at the completion of the project a statement saying that the project is 100 o complete and ready for the City Is use. SECTION 4 CONSIDERATION FOR BASIC SERVICES PERFORMED BY THE PROJECT ENGINEER OR HIS SUBCONTRACTORS 4.01 Not -to -Exceed Amount: 4.01 .01 The City shall pay the Project Engineer in accordance with Section 7 for Services rendered under Section 3, "Basic Services of the Project Engineer", a fee according to the rate 11 Owner Engineer i schedule set forth in Attachment A, which is incorporated by reference herein BUT IN NO EVENT to exceed the amount for each project as follows: Project Title Not -to Exceed 4.01.02 Third Party Expenses a. Certain third party expenses for basic services incurred by the Project Engineer such as surveying, soil testing, soil compactions, concrete tests and the like may, upon prior written approval by the City's Public Works Director, be subcontracted for by the Project Engineer at a cost which is the product of their customary rates. All such work shall be performed by licensed surveyors and established testing laboratories a-t rates approved by the City prior to the start of the work. Such third party expenses are included in the not -to -exceed amount listed in Section 4.01.01, b. Compensation to workers shall be in accordance with the State of Alaska Statutes (Title 36). c. The Project Engineer shall invoice the City for all such third party costs at actual costs plus 10°0. 4.01.03 Since the City's total budget limitation for inspection cannot exceed those limits as set forth in 4.01.01 above, it is clearly understood between the parties that the Project Engineer will receive as consideration for his services on each individual project those rates and charges as enumerated in Attachment A and third party costs as set forth in Article 4.01.02 but in no event shall the City be obligated to pay more than the not -to -exceed figures for each individual respective project as indicated in 4.01.01 above. SECTION 5 ADDITIONAL SERVICES OF THE PROJECT ENGINEER 5.01 Written Authorizations Needed: 5.01.01 If authorized IN WRITING by the City, prior to any work being done, the Project Engineer will furnish or obtain from others additional services of the following types which will be paid for by the City as indicated in Section 6: a. Preparation of applications and supporting documents for governmental grants, loans or advances in connection with Public Works projects, 12 Owner Engineer 11 b. Additional services due to significant changes in general scope of the project or its design, including but not limited to changes in size, complexity, or character of construction. c. Revising previously approved studies, reports, design documents, drawings or specifications, if such revision is not due to the Project Engineer's fault, d. Preparing documents for alternate bids requested by the City for work . which is not part of the original proposal, e. Preparing detailed renderings, exhibits or scale models for the project, f. Furnishing additional copies of reports and additional prints of drawings and specifications. g. Investigations involving detailed consideration of operations, maintenance and overhead expenses; and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals and valuations; and material audits or inventories required for certification of force account construction performed by the City. h. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during .construction; (2) defective or neglected work of the contractor; (3) prolongation of the construction contract time by more than 20 percent; (4) acceleration of the work schedule involving services beyond normal working hours if .the construction contract time is not shortened; and (5) default under the construction contract due to delinquency or insolvency. i. Additional services. and costs necessitated by out of town travel required by the Project Engineer and approved by the City other than Ivisits to the project as required by Section 3. ie Additional services in connection with the project, including services normally furnished by the City and services not otherwise provided for in this Agreement. MA � Owner . Engineer f k. Preparing to serve and serving as an expert witness for the City in any litigation or other proceedings involving the project unless the Project Engineer is an involved party. 1. Additional services of surveying beyond those listed under Section 3.05.01, SECTION 6 CONSIDERATION FOR ADDITIONAL SERVICES PERFORMED BY THE PROJECT ENGINEER OR HIS SUBCONTRACTORS 6.01 Payment for Authorized Additional Services 6.01 .01 The City shall pay the Project Engineer for additional services rendered under Section 5, "Additional Services of the Project Engineer" a fee according to the rate schedule set forth in Attachment A. But in no event shall this amount exceed that authorized by the City when the City gave its authorization for such additional services. 6.01.02 Third Party Expenses a. Certain third party expenses for additional services incurred by the .Project Engineer such as surveying, soil testing, soil compactions, concrete tests and the like may, upon prior written approval by the City's Public Works Department be subcontracted for by the Project Engineer at a cost which is. the product of their customary rates. All such work shall be performed by licensed surveyors and established testing laboratories at rates approved by the City prior to the start of work. b. The Project Engineer shall invoice the City for all such third party. costs at actual costs plus low . SECTION 7 METHOD AND Ti ME OF PAYMENTS TO THE PROJECT ENGINEER 7.01 Billing and Payments 7.01 .01 The Project Engineer shall bill the City monthly and the progress payments shall be made in proportion to services performed. The compensation for services shall amount to- the 14 Owner Engineer total services completed at the end of each month in accordance with the fee schedule provided in Attachment A minus a 10a retainage. Final payment will be made for services upon construction completion and submittal of as -built drawing plus thirty (30) day billing time. 7.01 .02 The Project Engineer shall submit his bill monthlyprior to the last Wednesdayof the month, This. will allow enough time for the Council of the City of Kenai to act upon said bill. 7901.03 With his billings, the Project Engineer shall supply copies of all time sheets invoices f Y from subcontractors, other invoices, and any other records available that indicate costs and manhours spent on each project. 7.01.04 If this agreement is terminated by either party, the Project Engineer will be compensated for costs up to the effective termination date only. The City at its option may retain.100' until the project is complete and all possible known or unknown liens and/or claims are settled. 7.01.05 There shall be a 101/6' retainage on all billing from the Project Engineer until project completion and all required work has been performed by the Project Engineer and the Project Engineer has submitted his final billing marked "Final Bill" with a statement releasing the City of all liens and/or claims concerning his work. 7.01.06 No deduction shall be -made from the Project Engineer's compensation on account of penalty, liquidated � dams es or other damages, amounts withheld from payments to the contractor, 7.01 .07 The Project Engineer certifies that factual costs supporting the compensation are accurate, complete, and current at the time of the billing. SECTION 8 THE CITY'S RESPONSIBILITY 8.01 The City will: a. Provide all available information as to the City's requirements for the project. 15 Owner Engineer W b . Assist the Project Engineer by placing at his disposal all available information pertinent to the site of the project, including previous reports and any other data relative to design and construction of the project. c. Furnish the Project Engineer property, boundary, right-of-way, topographic, and utility surveys; core borings, probings, and subsurface explorations; P hydro9 ra 1hic surveys, laboratory tests and inspections of samples and materials and other special consultations which are presently available in City files. d. Guarantee access to and make all provisions for the Project Engineer to enter upon public and private lands as required for the Project Engineer to perform his work under this Agreement. e. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented by the Project Engineer and shall render in writing decisions, if necessary, pertaining thereto within a reasonable time so as not to delay the work of the Project Engineer. f . Provide such legal, accounting and insurance counseling services as may be required for the. project, g. Designate in writing a person to act as the City's representative with respect to the work to be performed under this Agreement, and such person shall have complete authority to transmit instruction, receive information, interpret and define the City's policies and decisions with respect to materials, equipment elements, and systems pertinent to the work covered by this Agreement, h. Furnish, or direct the Project Engineer to provide, at the City's expense, necessary additional services as stipulated in Section 5 of this Agreement, or other services as required. i. Give. prompt written notice to the Project Engineer whenever the City observes, or otherwise becomes aware of, any defect in the project, 16 Owner Engineer 0 C SECTION 9 GENERAL CONDITIONS 9.01 Ownership of Documents 9.01 .01 All 'plans, drawings and specifications originals and tracings, documents, records, and reports, shall become the property of the City. All survey notes shall be kept in new hard cover field books and will be retainedP by the City at the completion of the project. Said documents shall be transmitted to the City prior to the time of final payment for this contract. ontract. The Project Engineer may maintain copies of such records. 9.02 Estimates 9.02 .01 The Project Engineer shall keep the Cityinformed of any nY adjustments to previous estimates of the project construction cost, including any adjustments resulting from changes in the plans, engineering requirements, or market conditions. 9.02.02 Since the Project Engineer has no control over the cost of labor, materials or equipment, or over the contractor's method of determining prices, or over competitive bidding or market conditions, the estimates of construction cost provided for herein are to be made on the basis of his experience and qualifications and represent the best judgment asa design professional familiar with the constructs g on industry, but the Engineer cannot and does not guarantee that bids or the J P ro 'ect construction cost will not vary from cost estimates prepared b P y him. 9.03 Judicial Forum 9.03.01 Any unresolvable disputes between the parties to the conditions and terms of this Agreement shall be resolved through Judicial proceedings in the Superior Court Third 9 Di � Judicial District, at Kenai. 9.04 Indemnity and Insurance: The Engineer shall secure and maintain such insurance as will protect him and the City as a named insured, from all claims under the Workmen's Compensation P n Acts and from claims for bodily injury, death, or propertydamage ma ge as well as any act, error or omission of the Engineer, his agents or employees which may arise from the performance g Y p e o f his services under this Agreement. The minimum limits of coverage shall be: 17 Owner Engineer I Alaskan Worker's Compensation and Employer's Liability Insurance Statutor Comprehensive y/$500,000 P General -Auto Liability With included Premises, Operations Contractural Liability,� and Owned, $1,000,000 Combined Hired, and Nonowned vehicles Single Limit Professional Liability Errors and Omissions 1 000 $ , ,000 9.04.02 The Engineer shall secure certificates of re Insurance which shall be filed with this Agreement ement as Attachment B and, these certificates shall provide for not less than thirty days written notice to the City of cancellation expectation, substantial change in Policy conditions ' P n, or P y coitions or coverage. 9.05 Successors and Assigns 9.05 .01 The City and the Project Engineer each binds him self f and his partners, successors, executors, administrators and Agreement and t assigns to the other party of this A 9 o the partners, successors, executors, administrators, and assigns of such other party, in respect.of all covenants of this Agreement; except as j above, neither the City nor the Project En P � Engineer shall assign, sublet or transfer his interest in this Agreement without writ ten consent of the other. Nothing herein shall be construed as creating any personal liability on the part of an officer or agent of an y g y public body which may be construed part hereto, nor shall it be construed as giving an rights or Y 9 benefits hereunder to anyone other than the City and the Project Engineer, 9.06 Time 9 9 06 .01 Time- is of the essence of each and every provision of this Agreement. 9.07 Definitions 9.07.01 Where the context indicates the word "City" as u herein, shall include an or all of t used . Y he following: City Manager, City Council, Director of Public Works of the Cit and Y� such other persons or personnel whom the City Manager may from time Y om me to time designate to act for it in any phase of the ' P ro ect . ,� .9.07.02 "Project Engineer" shall include all employees, consultants and other personnel employed or used b the Engineer Y providing the services under this Agreement. 18 Owner Engineer r C 9.08 Communications 9.08.01 All written communications concerning this project shall be directed to the following: CITY r City of Kenai Public Works Department 210 Fidalgo Street Kenai, Alaska 99611 ( 90 7 ) 283-7535 PROJECT ENGINEER 9.08.02 The City Public Works Director shall be the City's representative administering this agreement unless changed by written notice to the Project Engineer, 9.08.03 Addresses set forth herein, or any changes thereof, may be changed by written notice to the other party which shall be effective upon receipt. 9.09 Prohibition Against Contingent Fees 9 .09 .01 The Project Engineer warrants that he has not employed any company or person, other than a bona fide employee working solely for the professional engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the professional engineer any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement . For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 9.10 Conditions 9010.01 All employees of the Project Engineer, consultants, and other personnel employed by the Project Engineer providing the services under this Agreement, shall -in no way stand to gain financially except for wages, salaries or bonuses paid to them by the Project Engineer, under the terms of this agreement, nor shall they own any interest in any contracting firm, subcontracting firm, or material supplier connected with the construction of the facility. 19 Owner Engineer 9.11 Equal Employment Opportunity 9. 11 .01 The Project Engineer agrees to comply with Federal Executive Order No. 11246, entitled, "Equal Employment Opportunity, " as supplemented in Department of Labor Regulations (41 CFR, Part 60) if this "Agreement" exceeds $10 000 and Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327330 as supplemented by Department of Labor Regulations (29 CFR, Part 5) if this "Agreement" exceeds $2,500. 9.12 Indemnity 9.12.01 The Project Engineer shall indemnify,hold harmless ss and defend the City from and against any claim, action or demand arising in whole or in part from any act or omission of the Project Engineer, its agents, employees or contractors under this Agreement. SECTION 10 EXECUTION IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in duplicate on the respective dates indicated below. (SEAL) OWNER: City of Kenai ATTEST: g Typed Name Tit le (SEAL) ATTEST: Typed Name Title 011 Y Typed Name Title Date ENGINEER: Typed Name Title Date r Owner Engineer 0 0 ti \ n W � v �9 � a o m �a rn cn o c�, m It1N3 i ao D z � a SS3��d 3901a8 t:b o 0 � p � ARABARA R 00 ;u cn 0 0 z Z 0 �f INHNHDVIIV m pp wc Ir BOUNDARY OF CITY PROPERTY FIGURE 4-' PPETTS-ABBETT-McCARTHY•STRATTON ■ENGINEER; A PROFESSIONAL CORPORATIOP ALASK� PLEASE REGISTER: NAME COUNCIL MEETING - f ' F- (10 minutes per person) ADDRESS Evjaoo?t 6 - S Ai� all, /7 1 l '�?' -/V a CITY OF KENAI .%%00 It a eapiw 44"4a 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 January 3, 1986 TOO Kenai City Council FROM: Janet Whelan, City Clerk This is to remind you of the joint meeting of Council, Commissions, Committees, and Boards scheduled for Monday, January 6, 1986 commencing at 7:00 PM at City Hall. After presentations by the representatives, an open forum is planned for pini oons and suggestions. JWIj1