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1987-06-17 Council Packet
Kenai City Council Meeting Packet June 17, 1987 Kenai City Council Meeting Packet June 17, 1987 AGENDA 7 KINAI OffY COUNOL - REGULAR MISMO JUNI-17, 10f TOO PJIL A. ROLL CALL 1. flosignatlon at Coacbm Wise a. NwInaWn of Cmdpwm for Remainder of Term L PgNWW PASENT SCHEDULED TO BE HEARD 1. ftWmWa. City eaft - Psyrnent for COW'. - Wuh CRY 2. Man godmordKwAn Pomw'. OWW�WVJP Ecwmft Devokwinent olow 3. GO Nelson. EnW. - AWW Float Pion FUNNY C. PURIC "Mram 1. OnlWince 1218.87 - Rewind drdholl-le 870-83' PubNo Esumt - CNXN$Nht Dr. 2. ormnam.1217.87 - Morn" Rev/Appne - Swp CM Donation - $2,600 3. onmw= 121Inavowng R*WAppno - SOW:' Day Core Donation - $1,850 4. R000kftn 87-37 - TOVAW of Funds - We MWW of senior center - $4.600 S. Resolution 87-38. Extension of Do" Pomdl . Cannery Loop Unit No. I & No. 3 0. PMOAon 8719 - Awaft Losse an City Marks Cook, OWN NO. 2 7. RemokOOK 87-40 r AW&fft LMO an CRY MiMIMA a" Station No. 3 0. Roodullon 87-41 - Awwft 6V Hd PAMIQ 9. PA@dAm 67-4 - Awan" ft Nd Rm Cove" .10. PAMObAen 87-43 - TmWor of Funds - SNOW DW'*--: Come - 63.000 11. PAoOfJon 87-" - Awwft amOM Contnift 1987-1990-CMyIMF, PdmDoA.Akpoit Tan n".Llbm.,. Ift Vjft ft InvNaui fa afto end OWWoft. J" mom. ft Cork J AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 17, 1987 - 7:00 PM PLEDGE OF ALLEGIANCE i A. ROLL CALL 1. Resignation of Councilman Wise a. Nomination of Councilperson for Remainder of 2. Term r Agenda Approval !1 -. -- - - 3. Consent Agenda *All items listed with an asterisk (*) are ;4 considered to be routine and non -controversial by f 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 't sequence on the agenda as part of the General fl Orders. s B. PERSONS PRESENT SCHEDULED TO BE HEARD _ 1. Representative, City Electric -Payment for Contract with City 2. Stan Stedman/Kevin Fenner - Kenai Borough Economic ' Development District (, 3. Bill Nelson, Engr. - Airport Float Plane Facility C. PUBLIC HEARINGS = 1. Ordinance 1215-87 - Rescind Ordinance 870-83 - Public Easement - Candlelight Dr. '2. Ordinance 1217-87 - Increasing Rev/Appne - Senior Citizen Donations - $2 A00 3. Ordinance 1216-87 - Increasing Rev/Appne -Senior Day Care Donations - $1,850 4. Resolution 87-37 - Transfer of Funds - Ice Maker at Senior Center - $4,600 --- S. Resolution 87-38 - Extension of Drilling Permit - Cannery Loop Units N1 & $3 6. Resolution 87-39 - Awarding Lease on City Marine Dock, Station 62 ,<<,< 7. Resolution 87-40 - Awarding Lease on City Marine Dock, Station 63 8. Resolution 87-41. -Awarding City Hall Painting & d d` Papering ?' 9. Resolution 87 - Awarding City Hall Floor --- =- - - - �. - - �- - - - --42 10. - -Covering -- -- - - -- - - - -- - — -- Resolution 87-43 - Transfer of Funds - Senior Day Care - 93,600 L r, if { .,i f r�. 11. Resolution 87-44 - Awarding Janitorial Contracts, ^� 1987-1990 - City Hall, Police Dept., Airport Terminal, Library D. COMMISSION/COMMITTEE REPORTS 1. Planning & Zoning 2. Harbor Commission 3. Recreation Commission 4. Library Commission 5. Council on Aging 6. Airport Commission 7. Misc. Comm/Comm E. MINUTES - 1. *Regular Meeting, June 3, 1987 F. CORRESPONDENCE 1. *AK Community & Regional Affairs - Final Payment 2. *AK Dept. of Transportation & Public Facilities - Transfer State Maintained Roads to Local Municipalities G. OLD BUSINESS t~ H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1220-87 - Increasing Rev/Appns - Federal Revenue Sharing - $437,379 4. Discussion - Rate Schedule - Dock Facility 5. Discussion - Subordination Agreement - Roger Holl, 6. NBA Leif Hansen Memorial Park Construction --.7. Discussion - Agreement for Exchange - Automatic Aid/Initial Action - Fire Protection, Rescue, Medical Service S. Discussion - Room Use - Recreation Program I. ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. -PERSONS PRESENT NOT -SCHEDULED-TO--BE HEARD -- -- - - - - -- - - -- — - - ADJOURNMENT L e JUNE 17, 1987 INFORMATION ITEMS 1 - Memo, Airport Manager Ernst - Airport Master Plan Update Billing 2 - U.S. DOT - Allocation for Airport Improvement Program - $1,683,289. 3 - Automatic Aid Agreement - City of Kenai, Nikiski Fire Dept., Kalifornsky Fire Dept. 4 - Memo, Finance Director Brown - Grant Writer Request for Proposals 5 - Billing - McLane & Assoc. - GA Apron, Taxiway Improvements. $23,578.31 6 - Transf. of Funds Under $1,000 - June 1987 7 - Billing - Western Marine Construction - Boating Facility - $256,879.23 8 - Billing - Zubeck, Inc. - Airport Safety Zone, GA Apron, Taxiway Improvements - $113,058.55 9 - News Clipping, Wall Street Journal - Supreme Court Decision, Zoning 10 - Memo - Airport Manager Ernst - Airport Master Plan Update 11 - Kenai Borough Minutes - 5-19-87 12 - Billing - M. Tauriainen, Engr. - JABBA Project - $8,019.60 13 - Librar Report - May 1987 jw . "01 'i0; 1 k /d eL�e 11 t to Vt GLt" ` U 700 R((�A�INInn6K AVINUR 60, GRATTL6. WAG14INGTON 98144 19061 792.0700 i3 �lQl,546*-30" ANCHORAG9. ALASKA 99501 49071 272.4581 3540 HOLT ROAD ►AIR9ANK6. ALASKA 99706 49071 452-719e KOUTi 1, BOK 116 99NA1, ALASKA 99011 49071 993.7969 Anchorage Office RKILV To, 236E AKI6RRNCtt June 11, 1987 0 �2134rftr g9 c. nx City of Kenai 210 Pidalgo ` Kenai, AK 99611 Attentiont City Council Members �`sa Y Referencet City of Kenai Street Light Replacement Gentlement Attached is information relevant to our scheduled appearance before the City Council on June 17, 1987. Sincerely, '1 CITY ELECTRIC, INC. ./L .S7 � David R. Saeeeey J. Vice President `i DRStcjr CI Ty E L E C T R I C, I Id C. ELECTRICAL CONTRAC?OHS �f Urca sC�NUL 60. SEATTLE. WASHINOTON 06144 I2061 722•0700 pppt pN�•^a�a/AY.a.{pa ANCHORAGE. ALASKA 00E01 16071 >l7Q.A0i1 3e Ao HO►T ROAD /AIKAANK6. ALASKA 06706 10071 46E•7150 ROUIE 1. 60K 115 KENA1. ALASKA 00611 10071 863.7969 REPLY TOi Anchorage Office RE►ERENCE+ 236E May 28, 1987 City of Kenai 210 Pidalgo Kenai, Alaska 99611 Attentions Mr. Tim Rogers References City of Kenai Street Light Replacement Dear Mr. Rogerat I have enclosed two invoices covering the work City Electric did for the City of Kenai on the above referenced contract. I had wanted to meet with you in person to discuss these invoices but I have been unable to contact you by telephone to set up a meeting. Invoice number 236E-30411 in the amount of $49,068.53 is the original contract amount. Invoice number 236E-31975 in the amount of $ 11,487.10 covers our additional costs involved in supplying and installing special multi -tap ballasts and photocells in the fixtures utilized on this project. This is Invoiced at our coat. We feel we are entitled to recover these extra costs for the following reasons. The City of Kenai advertised this project for bid with specified fixtures with special ballasts and photocells which were not available as standard manufactured options. (Please see second paragraph of attached letter dated October 7, 1986 from Graybar Electric Co.) During a prebid conference attended by representatives of the bidding contractors, the City of Kenai representative, Mr. Keith Kornelis was advised that these fixtures were not available with multi -tap ballasts. The bidders were advised by Mr. Kornelis to bid on the basis of using a single voltage ballast. (Please see attached notarized statement from Mr. Roy Pope; original in our files). City Electric, Inc. being low bidder, was awarded the contract. At that time, Mr. Frank Arbelovsky contacted Mr. Kornelis to resolve the matter of fixture voltage. Frank was advised to order fixtures with 240 volt ballasts. The fixtures were ordered with 240 volt ballasts and photocells. Since photocells were -not a standard option available on these fixtures, when the factory built them they assigned a catalog number to them. (Please see Graybar Electric letter of February 18, 1986). When the fixtures arrived and -the discrepo19Y In catalog numbers was noticed by Mr. Kornelis, he wrote memos and letters -accusing City Electric, -Inc. - o� attempting -to substitute- sateriai other- t EtECTI1IC hat which had CITY been approved. At no tine did we oaks any such attespt.© r L i CITY ELECTRIC, INC. Page Two May 28, 1987 After City Electric received the materials for this job we discovered that the City of Kenai had not secured permission from Homer Electric for the Installation of these fixtures on their poles. Homer Electric refused to allow City Electric to work on their poles. We found that the City of Kenai and Homer Electric have had an ongoing disagreement during the past several years over the mainterance, replacement, etc. of the existing fixtures which this contract was to replace. I suspect that the City of Kenai knew or had reason to believe that any contractor would have problems completing this contract. The City of Kenai did not fulfill its obligations prior to putting this project out for bid. The specifications did not mention that the owners of the poles may not allow the contractor to work on them. City Electric got in the middle of this dispute. This was our mistake as clearly it was not the contractor's responsibility to arbitrate between the City of Kenai and Homer Electric. Our course of action should have been to cease work and formally notify the City of the problems we encountered and our Intentions to collect for damages due to owner caused delays. This we did not do. Instead we made a good faith effort to resolve the problem with Homer Electric and get this job back on track. Homer Electric eventually agreed to allow City Electric to install the fixtures on their poles. The City of Kenai directed us to purchase and install special multi —tap ballasts and photocells in the fixtures and install the fixtures on the ' poles. This we did and the project is complete. In reviewing all the correspondence, memos etc. written by Mr. Kornelia concerning this project I am of the opinion that it was not City Electric who made misleading and untrue statements of this job but rather Mr. Kornelis who t did so in an effort to cover his own negligence and dereliction of duty to the City of Kenai. ` I am appealing to your sense of fairness in requesting that we be reimbursed j for the costs we incurred as reflected in the attached invoices. ,i Sincerely, CITY ELECTRIC, INC. A .} { David R. Sweezey �.,, Vice President i i4S DRS:cjr L G ybal RI.WHMLngv ELzoVILIC OOUIPANT. fffa• I/ANAOia ILCURRION , f/fl �A"fT11KRT •, O• NOK 6�M0 OTOIATOYOMANAOLN ANCIIORAGE.ALASKA "309 TSLaMOMK(AlkRACOOKO") 562-1114 RECEIVE 0 October 7, 1986 OCT 101986 City Electric.. Inc. PO Sox 115 Kenai, AK 99611 ILI Subjects City of Kenai light fixtures. Dear Frank, I have reviewed the correspondence and have had phone conversations ;••: •with both Greg Frisbee and Dave Lico of General Electric concerning the GE T040OR street luminaires. My conversation with Greg Frisbee was basically a reconfirmation of the letter that he sent to me back. in May. sdeµshort;'a multi -tap - aballast-4s:.aot and'*ever vas available for tha 3+C400R luminaire. General Electric will design and manufacture a multi -tap ballast tray to work in this fixture on a special order basis at additional cost in order to resolve this particular problem. General Electric is still willing to take the fixtures back at a 50X restock charge plus freight .. both ways. According to the correspondence that you gave to me, Keith Cornelius, with the City of Kenai, first contacted Dave Lico on February 13, 1906, seven months of ter the project bid date. Cornelius claims that Lico told him these fixtures could be supplied with a multi -tap ballast. I contacted Lico to verify this and Lico told me that he did say this, however, he also told Cornelius that a -multi -tap ballast is not a standard factory offering for this fixture and a multi -tap ballast tray would have to be designed and manufactured to facillitate the ' changing out of the old ballast with the new one. In light of this conversation I can see no contradictions in what GE has maintained all - along, i.e. these fixtures are not available with a multi -tap ballast. (Except in this case where they will design and manufacture a specific ballast tray to help resolve this specific problem.) :.`;. Frank, I truly hope that this will help you to clear this matter up once and for all. At this point I don't think that there is anything more that I can add but if there is anything that I can do for you don't hesitate to call. 'F ' Sincerely, � Don- Schield — - - - Sales Representative *ea. Greg Frisbee y. ` ?f t t. f dh; December 24, 1986 To Whom It May Concern: Subjects CITY OF KWAI, ADVERTISIZENT FOR BIDS STREET LIGHT REPLACEMENTS - 1985" Bid time: 2:00 p.m., local time, August 20, 1985 This letter is to certify that I, Roy Pope, bid the subject project for TORVIK ELECTRIC, INC. I further certify that on or about August 15 or 16, 1985, I contacted the City Engineer's office and advised them that the suppliers could not furnish the fixtures specified with dual -rated ballasts, as the ballastsemwere not made for the specified fissures. Debenham Electric Supply to my attention first. I was told by the City Engineer's office, prior to the bid, to bid the job with a single voltage ballast and that there would be no problem with approval. I was advised that the same lights being installed by City Electric, Inc. at Inlet Woods would be satisfactory. It was pointed out by the City Engineer that this would allow parts to be interchanged with the various subdivisions. A representative of Airtek, Inc. was present at the time, along with representatives from City Electric and other contractors at this clarification meeting. Notarized by: My CommissOn Aires 2 18 87 r- t - RECEIVED G ybaR FEB 22 ON LF.1VUMMSEY 91:101230 cosaa99is Inc. ! MANAGER K e JfJJSON 8101"A'0'TREET 09ERATINq MANAGER ANCHORAGE. A W A 99509 Max a10.91.100 TU MIONE(AREACODE907) 1414314 " City Electric February 18,1986 { P.0 Box 115 (j Kenai, AK 99611 .� Refs G.E. Light Fixtures :j Dear Frank, • In reference to the questions which have arisen concerning the General Electric lighting fixtures for various Kenai, AK projects, I would like to f` clarify some of the conversations we have had. At this time General Electric is willing to take the fixtures back at a S0% restocking charge providing freight is paid both ways from Hendersonville, N.C. to Kenai, AK. This restocking charge will also apply in the event that you. should decide to return the ballast only and replace them with new ones. en,eh�se ,J:q tea on iaJill .:bid,baiak .ta:.Juna W1985, these.:fixtures A ;projects 6 Y . } . :.Pr were no longer available with Multi —tap ballast. We had to specify a voltage in order to get pricing on the fixtures. Then, to complicate matters, this fixture was not available with a Photo Electric control as a standard option. This is where the catalog number discrepancy came to be. As per General Electric policy,:nothing leaves the factory without an assigned catalog numbers. Since this fixture was not available with a Photo Control, General Electric made a special production run for the fixture and assigned a new catalog < r number to it. <l Frank, I wish there is ware I could do at this time to help straighten this mess out. Dave Lico with General Electric is who I have been in contact with concerning these matters and both Dave and I will be waiting for instructions on j how to proceed from this point. Please don't hesitate to call. S`innecr�ely, Don Schield Sales Representative . O ME fTAR*WTI 11TY �F!. SOX 115 'NVO' AMM M501 KENAI.rWill 0&W 140'� °`�`" E L C T R I C I NMAIN Att 11 11NIN A NCII f0, 0540 NOIT ROAD >1T00 RAINIIR AVENUE /AIRRANKS. AIASKA M701 Coo S1ATT11. WASHINGTON "144 3700 RAINIER AVE. SO. SEATTLE, WASHINGTON "144 AREA COOS 9" 799.07M OAR May 12, 1987 CU TO CITY OF KENAI oOmxR°NNO.. 210 FIDALGO STREET P.O. 70694 KENAI, AK 99611 ' N936E 30411 DESCRIPTION "Furnish 59 Street Lights TOTAL CONTRACT AMOUNT: 49,068.53 TOTAL DUE THIS INVOICE: $49,068.53 L701 _� M /H ORCA STAR ROUTE 1, BOX 115 �. 'ANCHORAGE, ALASKA M501 KENAI, ALASKA M611 INVOICE MAIM ALL IMMITTAN"S 101 - - - * FAIRBANKS OFi1CI CITY ELECTRIC INC3M RAR91a A9ENU1 • IMAMI, WASMIN6TON t�1w Me HOLT ROAD FAIRBANKS, ALASKA M706 $700 RAINIER AVE. SO, SEATTLE, WASHINGTON 901" AREA CODE 206 722.0700 oAn May 29, 1987 TO City of Kauai aRaa°N1NO. P. 0. 00694 210 tidalso Street M+aaai, AR 996U No. 23619 - 31975 DESCRIPTION '— ftraish 59 Street Lights Replacement ballasts and associated costs. Labors iliresles Poreasa 42 bra straigbt time a $31.55/br $ 2,165.10 s, ti Materials P. 0. 1236E-04696 >t 8*437.00 + P. 0. #2369-046% a/oil 883.00 f11 Total Material 9422.00 9,322.00 I I Labor and Material at Cost $ T.1,487.10 �1 L r H. •, YVw r •"truer, A. ato.$ 03 • MIMANO, Aft. "701 We r•W4• t .o COW* o1 aching dips and .. �., WIN of Idlnq • 1 copy to Semi* office !d CITY ELECTRIC, INC ft ft--oncemuff.1copy /o Anrh"rogwnh-li • A turmoil Order and iym "»mhwr /hnN be thou." on invokes, poa4lwq sl.ps. and 3700 RAINIER AVE. S. SEATTLE. WASH. 901AA aatald• of padlew. INVOICIssurftcl 110 fuf►[N{ION 07 Ay x[`NL7/G TO immin Oft NON. I ! COMRIANCI. ��$$ ANC IOMI >i, AM 99509 PATE • 26 "0"145211 1966 A=$ 9= SIM= • p FOR USE ON CONTRACT ORDER REFERENCE _ C.O.Z. sum Lumm O-+�m� + now 44696 PER M% UAPITt sf Q.S. F1 dti.% . Mtlasull nse�sno.•Ss for .ad eieR rdto0t 1i3.00 >ca. M ssWj" on Ctaybae Me /ZBiATi m City Rtaetsla, tee. le am eqm1 . ffmale ty mpleyw- va M tot opmam sweptIA ladiltlr. (smgt to mdxtals *eivaty b ftvm UW ON" "W rill rm t<e"ter oylgaes to wtrk at OW tegllity R labatte ebat do" pmtta oweptlaa . is a8!lltlr. !! tic osleoalewtos. �O! •! w16oe sm"Itat me d twl esteia bwasoo ■ u am . 9 if COC:RitF!QIIC OFC3.T, W WT NnICATb ` E - All OM WCN151e0 SNAII N IN fUll COMf11AW-f Wlim All AN'l1GE11 foc"S10N6 C) IM AEON NAM10 s y r - .t i' fIDNcCf.l7MmaG CONtOAf t R COPOMA OrA OO NO1 OLIMIC-All , A . • • ❑ IAIlM11 1Aa f.l QN10a11 ❑ wnq O lilne DATE OF OEIIVERY : At F.O.B. .Lou 1S, 19F37 POINT: A1iC80RACR, � ���E ON It. MARK a.,nr1..w..,.»1 •wI •..w... 0rh,4a0,.-a—..",•-\.r o wV0'•ew1 nqd.•."a.r,.w... ; ..I. a•.,l,e..».•C1T( �e'���, hCe s 1 FOR 1 ` m F319 O1R� >3Ti>eL'tT .w• .Mwa. w.we•h.ar..r . „Moo r" low uMTId. "w-., 11 ANCROMM AF "501 ......... d r,....,. n....,.. ,,.......w1 ' v.M.,I .n /..r,wlw.l.x.r,.� r,r..,.l r p.1.H..M Iva» wW tw h..yl .n, � .,.y ..I.... {....IurV. u •N .w r11w•a\r!a •� DELIVER THIS PURCHASE ORDER HAS BEEN - ------ --- -- ----- t0 - REVIEWED AND IS APPROVED .. im By AutlpNlo 1lfltA ROUTE VIA AE►ER N� INO 111165 TO N•eaTfaa OFFICIC 3 NOT INSURE .. I IlA ►•1 OFFICE f 'r 1 F 0 &AG#.AtASMA t CITY ELECTRIC, INC. / 3700 RAINIER AVE. S. SEATTLE. WASH. 901" TO Graybar Electric P.O. Box 4 0300 ' A'* Str-sat We toq.lee v%vo gopw of Puchl.v ofir'. Q.d bill, of 004ing - I capir to Seattle offiam, by 1461 class -011. -1 copy to A"ghow"Of 001 - bt ai—il. O.d*o and If.. --br, a%- 1,* $11... .. pa'►mq 9I.Pt 0.4 6.0sidw of vadages. INVOICIS loulific, 10 SUSPENSION Of PAVMtNl fOR #40" COMP11ANCK. A:, OAlf: FOR USE ON COMMA I 90. car. ST. LLIG.M.' ;36L 04696 c/o &I ;V'*1-I7nts! v.:!L— AOM 2aummaeoAQW:�—v;! Ttw f011Q1.0LA:% ebango it. ^pplicable to Oil,; purch.w.lt urddr. Ad6 ift-A it LU Lh19 PUrChM4Q QC"r• w. 3J istiot-641l ietriv. cei.l. receptacle to UL the VC 4J�8 lLuwrou. 15.01 welt: -up to work vicki dic mLt.L- tap b*ll"L* ou tbLs covie There ace no further climAnges a& Wo tins. 001MICOMP11AKI "ll"All AMICAIRIMOVISIONSOP too Amm NOWID CCO41RACI iA I lit 00 toot ovnipstj I 0*101 PLEASE INVOICE IN DUPLICATE TO SEATTLE OFFICE 1ANA511 0 "IAOX'1111.1 E OF AT VO.B. I. VERY POINT- ' 1:46 ALo_buV4," SAM MATA 12D 05-IM1111 0 X) _6M K. ..... ap... of 1-1 (.ay OL f.!uiml ;ot. LLL. W.k. ..*m* ...6md,w. .. .. .. . ...... y THIS PURCHASE HAS lu ORDER -REVIEWED AND IS APPROVED BEEN 819 OCCA SLr,,*C era o, A& 99SOL "1140111110 IoGftAtum marriat t. vs"y orFlCf 41 o KENAI PENINSULA BOROUGH 0,2 MEO sox es0 • SOI.DOTNA. AI.ASKA 99889 PHONE 262.4441 STAN THOMPSON w� �► MAYOR �x MEMORAUDUM Ax- . TOe ' orough Mayors and City Managers FROM: Kevin Fenner, Planning Director DATE: June 9, 1987 SUBJECT: Economic Development Districts In the ordinance reestablishing the Kenai Peninsula Borough Resource Development Commission (RDC),- an action oriented role for the RDC is mandated. The ordinance states that the RDC will assist in the employment of Borough residents and in the economic development of the Borough." To realize this goal, the ordinance says the commission shall "identifX specific alternatives...to accomplish the objectives" and to 'supervise and monitor the implementation of the plan." Consistent with this charge the RDC recently met with the Alaska representative of the Economic Development Administration, Bernhard Richert, to explore opportunities to create an Economic Development District. Such districts have been used throughout the U. S. to facilitate economic development. At its May 29 meeting the RDC voted approval in concept of the formation of a District and directed its members and staff to meet with Borough mayors and city managers to discuss the merits of district formation, determine the extent of interest, and if support is found, request a letter from the Mayors expressing interest in participating in the organization of a district. The-me-terials in this packet give a brief overview of what a Economic Development District can do and explain the steps which must be taken to form a district. SS / to ""i 1 ,,>��•�-.,.°�: „�-,tit l 1 f THE ECONOMIC DEVELOPMENT PROCESS: ji (People Working Together to Build Jobs in Their Ccmmunities) 4 Describe Current Situation/Revise Evaluate Process Identify Local - and Projects Needs and Organization Impediments to Board of Directors Economic Development '-----NN�N-N---�-- Overall Economic Development Implement Program Committee Dekermine (Projects, --------------------- Objectives, Goals Management) Staff Help to Meet those Needs i Develop Strategy kol to Achieve Objectives and Goals Road to Economic Development: Get Organized Develop process (Structure -that (see above) Works Locally) 4 l_ ;i F a f ,r ECONOMIC DEVELOPMENT DISTRICTS Economic Development Districts (or EDD's or Districts) are locally -formed organizations with representation of both the Public and Private sectors. The primary objective of a District is to promote sound economic development for the communities it serves. An Economic Development District: o can serve a variety of purposes or functions (which are determined locally) o will work together for common economic development purposes o has as its membership multiple geo-political entities o is funded from a variety of sources (State, Federal, Borough, City, etc.) o has a staff responsible to the local board of directors. There are well over 300 EDD's nationally, many States being covered with the organizations. A District can provide technical assistance in selected program areas, or it can run programs or deliver a wide range of services, depending upon the local EDD's wishes. Financial advantages include sharing the cost of the organization among various funding sources. (The Economic Development Admin- istration can make Planning or "administrative'• grants-in-aid to help EDD's with their Overall Economic Development Programs.) Public Works projects which are funded by the Economic Development Administration are eligible for an additional ten percent (10%) bonus from the Federal Government. There also should be an economy of scale by communities working more closely together. By agreeing on what to work together on, it should be possible to avoid dupli- cation. i 1 An EDD is independent, yet responsible and responsive to local public and private interests because both are meaningfully involved as board members, and local governments contribute to the financial I operation of the District. A new District would likely have a staff of about three, working directly under a Board of Directors of a size workable for the local area. i Possible activities could include any of the following, and many i others: o areawide tourism promotion o transportation planning - - j working to establish a Customs office ` o run a revolving loan program or establish a business "incubator" o export promotion, industrial development, energy conservation, financial management for villages or cities, resource development - -This program ties in nicely with -the State's Trade -Alaska -Program. Getting started: establish an appropriate organization (State non-profit) and request the Governor to endorse the geographic area as an Economic Development District to the Economic Develop- ment Administration. a, (A . f33 FR'•:a0. Jan. 23. 1973. as amended at 19 303.11 Number of economic development apes conforms to an officially delin- FR 44960. Dec. 30. 1974. 44 M 40883. July centers per district. eated :uo•State district, It such exists. 13. 19101 Sec. or where the Governor has provided 303.12 Boundaries or economic deveiop• the Assistant Secretary with an expla• 13p7.St Lisa of redevelopment are@• and ment centers and boundarY modifica• nation and support from any variation r centers designated under the Act, tions. of the officially delineated sub -State The Economic Development 303.13 Termination and suspension of eco- district. Administration will maintain current nommc development centers. 303.i4 Redevelopment centArs IF w am 960 Dec. 30. 07u�• ended at f .� lists of areas and centers designated R • under the Act. The lists shall be kept .'suli•ait : available for public inspection during Cr-Ilnens+a) and Other Assistance to ganaaie povd•pment Centers and Distrids 13032 Designation of economic develop- The regular business hours of the . e. fries Department of Commerce. of the ea for 303.20 Financial assistance to economic de- ment districts. The Assistant Secretary Is author• • Duch lists shall be made the or such velopment centers. 303.21 Economic development center lied to designate Economic develop- ment districts with 'he concurrence of o! Management and AdministraL.n, Economic Development project characteristics. 303.22 Grant rate for economic develoo• the States in which the districts will of arce.tfon. V.S. DepConstitution Commerce.l4th and Constitution Can. 303.23 nSupplemen projects, tary Rants to district re• rtially located. be o )Where or he proposed district is of Avenue. NW» RcrQn 7819. V+eh .. : n. development areas. 303.24 Finsnctat rims once to redevelop- sufficient size or population, and con - tains sufficient resources. to foster D.C. 20230. 1000 NOTE: Revised Ig FR 3711. JsL8.1983) merit centers. 303.25 Assistance to economic development economic development on a scale in• volving more than a single redevelop- ment area. Subpart a -Information AwmantsY: Sec. 70t. Pub. L 89.136 IAusust 26. 19661: 42 U.S.C. 3211: 79 Stat. (b) Where the proposed district con. - tains at least one redevelopment area. - 13OL60 Information. 570-and Dept. at Commerce Organization Order 10-4 tApr. 1. 1970). unless otherwise Cc) Where the proposed district con - Upon the request of the Assistant secretary the heads of such govern- DOtQd• tains one or more redevelopment areas or economic development Centers iden• mental agencies as may by appropriate Source 38 FR 220L Jan. 23. 1073. unless tified in an approved district overall are authorized to conduct such special otherwise noted. economic development program there• studies. obtain such information. and Inatter OEDP) as having sufficient compile and furnish to the Assistant Subpart A -Standards for O�signa• size and potential to foster the acne Secretary such data as the Assistant Lion, Modification and Termination nomie growth activities necessary to Secretary may deem necessary or of Economic Davolopment Districts alleviate the distress of the redevelop• proper to enable him to make the do- ment areas within the district. terminations provided for in this part. 1303.1 Authorization of economic dowel- (d) Where the proposed district has The Assistant Secretary shall retm- opment districts. a district OEDP which Identities one bursa when appropriate. out of any rry funds appropriated to Caout the t'a) The Assistant Secretary may au- of the' • or more proposed economic growth _ centers. Includes adequate land use ehori2e. at the request purposes of the Act. the foregoing Of- Gavemorta) of the State or States. the and transportation planning. contairr- 1 titers for any expenditures incurrea ?. by them under this section. ,delineation of economic development district) bound. a specific program for district cooperL- _ (ion, self-help. and public Investment (See. 701. Pub. L 09.130. 70 SUL 670, All district thereinafter Dries as a prerequisite to designatlorir and is approved by the State or States amended (42 U.S.C. 3211): Pub. L 94.4e7. 90 Stat. 2331: DepL of Commerce Organization of an economic development district and as; a prerequisite to the provision affected and by the Secretan. (e) Where at feast three -fourths of Order to.4 (Soot. 30. 1975). as amended (40 of planning grants. Subpart B of Part the counties within the proposed dis• FR 56102 Y amended U 40 FR 38873 and 41 301 of this chapter. trict boundaries have submitted doeu• FR 3564911 (b) Authorization of delineation may • mentation of their commitment to { PART 303-ECONOMIC be made: (1) Where the State or States after support the economic development ace tivities of the district. j DEVELOPMENT DISTRICTS ittalYzirfg economic and social rela• tf) Where a district organization has gv N•h A-tl•nd.ri• far o.eise.►i•e. MNcfi. UomhtOs suaong the various redevel• been established which meets the re- j wrt•w eitr tens+CANON of lannmeis 0•vel. dolls" opment area counties proposed to qutrementa of 1303.4-1. Otenlsrs EDA a district boundary delineation. tits Where the proposed district or. See. (2) Where the district proposed for `anintion requests such designation. 303.1 Authonnuan of economic develop- i authorization meets the general stand. torch In f36 F'ft «69. Jon. 23. t973. awn amended at 39 rent dlstncta. 303.2 Designation of economic develop- vds for designation wet 1303.2. FR 14960. Dec. 30. 1974: 46 FR 55701. Aug. 21.19801 ment districts. (3) Where a consideration of the mole 303.3 assignation of nonfundeddistnd& 303.4.1 District orianizaaons. lowing factors has been made: 1303.3 Designation of nonfunded dls• 303.4.2 waiver of district organization (l) The percentage of the population gym• basic representation requirements and living in redevelopment areas. Designation is not limited to districts organizational options thereunder. 303.4.3 District organization functions and t11) District per capita income. (ill) The percentage of families with receivmg EDA planning grants. How. ever, any nonfunded district receiving responslblliues. i 303.E Coordination with State and local or• annual income below the poverty authorization and designation is sub• Ject to the same criteria and organiza• ganustions. 303.E modification of district boundaries. threshold. tiv) Unemployment rates and labor tion requirements applicable to funded 303.7 Termination and suspension of din• farce participation rates of the Pro- districts• tnet desitmation. -:: posed district. tv) Econom►e ehornccerist t•s -o ten./303.t.1 District orsanizationi>, 2039IRsserved) nom►c growth centers. _ fur•erl 6-=1.adas for patignau.w. Madill. tvi) The_proposed district's readiness tat Organization prenculsite to des-- ipnation and funding. The district o f canon, and t•nmmmnann • Of ss e••.mu 0•vi• to hire a Proiessional staff and beRm :au ganton is a prereeuisue to inns- and continued designation of an acne • Mom Center _ work. Where the district proposed for nomic development district (-EDD'•). 303.10 Oenoni standards for designationt41 authorization of delineation of bound- in addition. it is prerequisite to the of economic development centers. • 1: L 611_I-_ -- - -- - - -A-- - - - . .. or provision of planning grants• and major city which loins the distrct name an elected official or an err si;milicant economic development matters involving on. ut p esp (b) Leoal status. Districts shall orsa• shall employee to represent it. lvil sauthorities. b tic es odust3 the nize in one of the following ways: tie Where appropriate to their non* EDA component. (1) As nonprofit organizations lncor• represent governmental oecuay also elected officials may also represent (4) Information should be provided sufficiently in advance of pulic deci• notated under the laws of the States ed: whicha located: pp which they are located: w) the principal economic Interests. (3) There is at least one -fifth of its i sions to give citizens an adequate op• ortunity to review and react to pro- posals. District organizations should As public through Incergovernntental agreements for the membership who are private citizens elected officials of a seek to relate technical data and other joint exercise of local government who tire neither general purpose unit of local govern- professional material to the affected citizens so that they may understand powers: or (3) As public organizations estab• ment nor employees of such a govern• have been appointed to rep- the impact of public programs. availa- lished under State enabling legislation ment who sent that govedtricts ble options and alternative decisions. for the creation of multilurisdictional which have been au horizedent.l orisdesig• (Department of commerce Organization areawide planning organizations. nand before June 8. 1879. must Order t9.4. as amended (4o FR So7tIZ• as (c) Basic organizational require• with no later amended))55701. ments. Each district organization must than August 31h 96is 1eovlsion Aue. Zl. 19so. u amended at meet EDA requirements concerning its district organization shall 46 M 9916. Jan. 28.19813 Ilion as set forth (I) The memberahip compoa In 1303.4-lids. its authorities and re- demonstrate that parsons luliil lee this requirement represent the inter• 0303.i-Z Waiver of district orRani:scion basic representation requirements and aponsibilitfes for carrying out econom• Ie development functions as set forth development esta of groups listed in paragraph (d)(i) (I) or (Ili) of this section. Minor- organizational options thereunder. In and the maintenance of adequate staff support to perform its Ity representatives who meet these cri• e ful- la) Conditions for lediirtrineri to basic th following only EDA economic development functions. as set fmme�ofbthe privattcith� require• eiteeumscances will waivers to 1303.4-1(c)(1) to forth >n 1303.4-lies In one of (te two . ways cited below: meet. ip) Except where these private citt• grant permit district organizations to use an "EDA component" to meet EDA basic (1) In general, the foregoing require- setts are also selected as minority rep- resentatives under paragraph td)tl)tU) Pequirements: tit Where the subject organization a not Where subject menu must be met by the board of di- for other governing body of of this section. these representatives shall be appointed by the governing the governing body of a designated rectors the organization) as a whole. ran (2) however. a waiver may be gt• bodies of the counties actively partici- In the district organization or economic development district or not receiving a planning assisttao nce ed under provisions of 1303.4-2 to patina as otheralse provided in the district grant under 13 CPR Part 307. Subpart B. and permit a district organization to use one of a variety of organtratlonai op• Organizational charter and by-laws. te) Staff support. t1) The district or. (l) Where the proposed district orga. piration is not able to meet some part tions thereafter. the "EDA compo- forth in 1303.4-2te) to meet ganizatlon or its EDA component es• tablished according to 1303.4.2 shalt of the representational requirements Went") wet ate basic organizational requirements. nvuinments6 ; be assisted by a professional staff from qualified persons in plan- of 1303.4-1(d) because of mandatory requirements of an Interstate compact. E f(d) Representation The district organization shall demon- man feint. economics. business administm- a State law or constitutional provision, x cutiitltu Order governor's executive . strate that either the district organizes- or Its EDA component tion. engineering and related disci. rs ional IssuedpursuantDr Lion as a whole • meets aU of the following require• p�m' provision state taw or a home rule charter of a participating city or i meets. (1) It Is broadly P.-presentative of the following interests: (1) The principal economic Interests of the district. Including bustnesa. In' dustry. finance. transportation- utill• ties. the professions, labor. agricul- ture. and education. Its meeting this requirement. the representatives of the principal economic interests may be private citizens. part-time elected officials. or minority representatives also selected under paragraph (d)(1)t10 of this section. (tU Minority groups. Minority repre• sentatives shall be selected in accord- ance with Civil Rights Guidelines Issued pursuant to 13 CM Part 311. and may be private citizens. elected of- ficials. or ¢ovet•ament employees. (Ili) Representatives of the unem• ployed and underemployed. (2) There is at least a simple major - sty of its membershla who are elected officials of. or employees of. a general purpose unit of local goverrment and h0 have been appatmed-to represent- uch government. it) Where appointment of local gov- ernment. members is not otherwise provided for by the district organizz- Lion charter or by-laws. each county L (2) EDA may provide planning grants to economic development dig• accra Professional accordance employ B of Part 307 of this chapter. it) Public participation. District or• pnizatfons shall provide access for Persons who are not members of the district organization or Its "EDA com- ponent" to make their views known concerning ongoing and proposed dis- tr et activities in accord with the fol- lowing requirements: (1) At a minimum. the district orga- nisation shall conduct meetings open to the public once a Year- It shall also publish the date and the agenda of the meeting at least tour weeks in advance to allow members of the public a rea- sonable time to prepare to participate effectively in the meetings. t:) The district organization shall adopt a system of parliamentary pro• elidures to assure that board members and other interested persons an groups have access to and an effectiv opportunity to participate in the at fairs of the district. (3) Where an "EDA component" I used, the district organization is re qulred to hold appropriate publ► meetings and hearings when it consi 13 d e county. or ill) Where the proposed district or - at it would undergo special hardshiization demonstratesp it it is re- quired to reorganize in order to comply with the requirements of 1303.4-1tc)(1): or (2) Where the proposed district orga- nization is an existing designated or funded economic development district which demonstrates to the satisfaction of the Assistant Secretary: ti) That It would undergo a special hardship it it Is required to maintain its district status through continued compliance with 1303.4-I.9)(1). and till That it has obtained concurrence In its proposal to reconstitute the dis- tract organization under 1303.4-Kell:) { from the principal economic interests. minority interests. and local govern* ments involved in the district. (b) Consideration of requests /or tsairers. EDA will consider the follow- ing--points twithout excluding- other- possibilities) in determining Whether ! to grant a waiver under the toregotng section. - -- I -- - - - -- -, a ill Where the waiver request is based on a legal constraint under I c 1303.4-:(a)(1Nt), the (ollowina kinds d• of situations would be the basis for a j I r waiver: (1) Where the membershia (parai;:aph (c)). When the dMrict or- V composition or the membership ap• ganiza"(in uses an EDA component to pu pointment procedures of the organ' meet EDA requirements, as provided Lion are legally specified such that it for in 1303.4-2. the EDA component m l r cannot meet EDA board membership of the district organization shall be pi f requirements, or given authority to carry out certain as (If) Where only local government parts of these two classes of functions or j elected officials are legally allowed to and responsibilities described In Para- F participate in the Joint exercise of graph unctions is sand responsibilities t local government powers. based on demonstratthe ion o! speciuest al requirem nts on to all ; 03.4-1. Subject EDDs are p hardship under 1303.4-2(a)(1)(ii) or responsible for seeing that the follow• 1303.4-2(a)(2). the following factors Ing functions are provided for on a w would be considered: (1) The record of continuing basis. the organization in delivering projects (1) Organtaattonal actions, includ• p ` related to economic development to asniza)tioAh will being the used rm of or• n assist distressed populations of the area. (fi) Arranging for the membership of p (11) The mechanisms proposed to the board of directors to meet t 303.4- provide for the involvement of the prt• 1 requirements: vats sector and of distressed popula• (III) Recruiting staff to carry Out the tfons. including minority groups and economic development functions: local jurisdictions with high rates of (Iv) Establishing a management distress. in the economic development system: planning process. (v) Contracting for services to carry (Ifs) The age and complexity of any out district functions'. and interlocal agreement for the joint ex• lvU Establishing and directing activi• ercise of powers. ties of economic development subcom• (iv) The array of public policy issues mittees. assigned to the organization and the (2) Civil rights responsibilities of 13 appropriateness for the various rate- CFR. part 311 Including: (1) Arranging Pries of representation required by for the EDD board of directors and its EDA to participate in voting on the executive committee to comply with issues. and EDA requirements for minority repre- (v) The risk of any breach of con• aentation. tract obligations it the organization (If) Submitting reports to EDA on were required to restructure its gov. the SOD( compUance with civil rights ernin6 board in order to comply with requirements (e.g.. nondiscrimination EDA regulations. on the basis of race. color. national (c) Organizational options available origin sex. or handicap). and S under watver provisions. OrBanma• (III) Preparing. taking action on and tions which are granted a waiver of reporting on an affirmative action 1303.4-10111) may employ one of the plan for the districtl following types of organizational structure as their "EDA component" (3) Actions to develop and maintain in mic meetcoEDA'sebasic organizational re. development the reouired dProgram istrict v erall o (OEDP)-and guirementa: any subsequent supplements or reut- (1) An augmented governing board aions, including: (U Preparing the anti• whose membership meets EDA re• aptuponen strategic shed implementation quirements: (2) A subcommittee of the governing (!U Identifying economic develop - board where the subcommittee mem• merit centers and redevelopment cen- bership meets EDA'8 requirements: less and any later boundary modlflca- (3) A policy advisory committee to dons: the governing board where the cons- (Ili) Adopting the OEDP by formal i mittee membership meets EDA re• action of the EDD governing board: quirementr. (iv) Submitting the OEOP and any ` (4) A bicameral decisfonmakingom- supplements oe revsionse for reviews s nization in which dual Policy bodies are created (consistent with and interested organized groups. and 130.17tb)). one of which meets ZDA's attaching dissenting opinions and coin• requirements: and menu received: and (5) Other types of arrangements (v) Obtaining EDA approval of the which are found by the Assistant See • Omp, } retary to meet EDA's requirements. (4)_ preparation Of proposals that 145 FR 55702. Aug. 21. 19801 orchangeake actions the designation(I) stattuslish of I the district or its growth enters. or t / 309.t-3 District oranni:soon functions _du_ Affect economic development (a) Baste reouirement. Economic de• prolecti available -to the EDD.: - - - velopment districts (EDDs) must ar• (5) Coordination and tmptemento. range to carry -out -two -classes of lung lion of economic development activ(- tiom and responsibilities: Those which ties in the district, including: every EDD must carry out (paragraph Ifl �Retetvedl (bl of this section). and those which lilt Assisting other eligible units EDDs receiving grants must carry out within the district to apply for grant 14 ,sraa..ce for economic development )Poses: (tit) Carrying out economic develop• ent related research. planning. im• ementation and advisory functions are nece:sari and helpful to the co• dinat:on with other local. State, ederal. and private organizations, and as are necessary and helpful U he development and implementation ( the overall economic development rogram: Ov) Coordinating the development and Implementation of the OEDP ith other local. State. Federal and rtvate organisations (including mi- ority organizations), and (v) Carrying out the annual OEDP last for implementation. (e) Grants management activities. Economic development district organs• rations which seek and receive EDA grant assistance must carry out grants management activities. including. t1) Preparing application materials and accepting EPA grant otters. (2) Arranging for the contribution of the required non -Federal matching share of the grant project costs: (3) Receiving and managing the pro, seeds of the grant from EDA and of the matching share contributions: t4) Complying with grant terms slid conditions. including those pertaining to financial management and to work program requirements: (5) Incurring expenses in carving out the purposes of the EDA grant and charging these projects costa_ against grant project accounts: and (5) Iteeping records. and preparin�� and submitting reports on the Plitt protect• (d) EDA component !unctions and responsibilities. Where the EDD uses an EDA component to meet EDA re• quirements under 1303.4.1. the follow- Ing functions and responsibilities (with the exception of paragraph (d)(4)(IIU. which need not be exclusive to the EDA component) shall be lodged solely In the EDA component: (1) Organizational actions. The EDA component shall: (U Adopt by- laws for the conduct of the functions and responsibilities assigned to the EDA component: (Jill Establish and direct activities of economic development subcommittees: (Ifs) Advise the district board of di• rectors or the staff director, as appro- priate. concerning the activities of the economic development staff which is established according to 1 303.4- 1tenU. ' (2) Ctrtt Rights responsibilities. The EDA component shall: to Assure that the required minority representatives participate In the functions and re• sponstoil►ttes of the EDA component: and _ (it) Mork to resolvs matters of cif• rights compliance review and assist i impleeientina the -distress-organzza• tion s ongoing affirmative action plan required under 1 311.44b► of 13 CFR. (3) Overail econotn►e dere►opniet►t L Iff ria me tuve prugt�+++ proorrtrn (OEDP) activities. lne —d'% contrbute is development, for et onomtc development, be,enected�tocontribute significantly - • component shall have resporaibility for. (t) Preparinii and reeommenainic 9303.7 Termination and suspension Of of the district OEDP', and of to the alleviation of distress in the re - development areas of the district. in adoption district d•sisnsuon. any subsequent supplements of revi• the (a) The Assistant Secretary will. (d) Does not have a population exce:, of 21.10.000 according to the last sions required by EDA, including recommendation therein of pro)eet im• upon 30 days' prior notice, terminate or suspend the designated status of an preceding Federal census. be Accelerate Cementation priorities: �� (11) Making comments to the district economic development district: oraonablY maintain existingterdates of growth In terms of population. em- organ=tion board of directors con • (1) Where the district no longer coming anY board -Initiated revisions meets the standards for designation: pioyment. and income. (1) Has the prospect of developing a ` of such OEDP documents: (I) As set forth In 1303.2(a). (b), (c), Informing EDA when such revi• (g). diversified economy providing a aide (lit) (d). (1). or or sions by the district organization (it) As set forth to 1 303.2(e), except range of health. educational. recre. ational. and cultural facilities: a rela• board of directors constitute major de- that district designation status may be partures from the recommendations of continued it those counties which tively large local market: a relatively { large well -trained labor force: and the EDA component and efforts to re- Would maintain their eommiement to other similar gt+alittes which encour• instate the subbtance of the recom• support economic development activi• age the continuing growth of econom• ; mended OEDP documents have not ties are determined by EDA to meet to setiititles. been successful: the other standards of 1303.2 and the (g) is, an active participant in the (iv) Submitting the OEDP and any standards of 1303.1. supplements or revisions for review by (2) Where a district has not main -gram, district economic development pro• -. appropriate governmental bodies and tamed a currently approved district significant organized interest groups. OEDP In accordance with Part 304 of . 138 FR 1:89. Jan. 23i973, as amended at 40 and the attaching thereto of dissent• this chapter. FR 6640. Feb. 13.19751 ins opinions and comments received: (3) Whcre a district has requested 0303.11 Number of economic development4 _ and tv) Determining when. on the tMga, termination with the approval Of the State or States affected. tastes per district, The Assistant Secretary will desig- tive of the district. to revue and resub• (4) Where a funded district fails to nate the single leading growth point in mlt the OEDP. with (4) Coordtnatton and irnplamenfa• ancomply planning grant agreement. terms and conditions of EDA planning an economic development district. as development center. lion aatitiitea. The EDA components • unit shalt: (il lR•served) • (b) Terminations and suspensions re sitting from failure comply With the economic However. additional centers may be designated Where unusual conditions (it) Take actions required by EDA Title VI of the Civil Rights Act of 1964 �U be processed In accordance with lie is", � �e district. Where the district contains a isle from ocher eg ble apDnanrs aiatio n the district which affect the district: the provisions of that Act. ta) atively large number of redevelopment t and 935 FR 2269. Jan. 23.1973. as amended at 45 area residents who do not have reason - (lit) Carly out economic develop- FR $5703. Aug. 21.19803 able community access to any one eC0- r meet related research. planning. inn- nomic development center. ADlementation and advisory functions 130&8 Benefit. (b) When the district contains sev i are necessary and helpful to the Co. (a) Designation of an economic de- eml smaller growth points rather than 7 ordination with other local. State. velopment district is a prerequisite to one leading economic development Federal. and private organizations and EDA providing financial assistance to center. to the development and implementa• economic development centers. Lion of Me overall economic develop- (b) projects in redevelopment areas 1303.12 BoundoNa of economic develop - merit program• which tee located within designated men& centers and boundary modifica• (5) Anvitcat(on for and use of EDA economic development districts and bona i prams. The EDA component shall: (1) which actively participate in the eco- (a) An economic development center Advise the district organization board nomic development district's OEDP of directors concerning the scope of process are eligible for 10• Is administratively defined as a city or grouping of contiguous inearpomted i pig work section of grant 40PIle,atl003: and percent Lanus grants. if 303.23 and (ff) Comply with EDA terms and 305.6 of this chapter if the project is places. However. where Justified. boundaries may be extended to in - conditions relating to work program consistent with a currently approved elude'adloining minor civil divisions or j requtrements. district OEDP. Corridors of growth between centers. . 145 FR 55702. Aug. 21.19801 303.91Reservedl t39 FR 44960. Dee. 30.19743 (b) The Assistant Secretary may (OCC NOTE. Amended 48 FR:9136.1tn.2+. OCC NOTE. Removed 46 FR 6525. Feb.14. modify either the boundaries of an development center or the 19431 1303.5 Coordination with state and local 19831 economic number of economic development con. . otgamit•uona. lets in a district after giving notice The Assistant Secretary will cooper- Suboart 8—Standards for Deaigna• and opportunity for comment to the Termination .1 ate with State and toe at organizations #ton. Modification, and State or States affected. it such modi• In activities leading to designation of of Economic D•velopmoint Centersticatlon will contribute to a more el- • j economic development distracts include fective program. ards ocenterination ing h ills district Pro- 130 of panic economicIO development gram. formulation of the OEDP. and ' 303.13 Termination and mpension of Identification and analyses of paten. The Assistant Secretary may desig• economic development eatem tlal economic growth centers. hate an economic development Center The Assistant Secretary may. upon i l ` if such proposed center: 30 days prior notice to the interested i 1303.6 Nodifieation of district bound. (ai Has been identified and included State and local agencies. terminate the _ •r via. _ In an approved district OEDP. designated status_ of an economic de• - - - The assistant Secretary. with con- (b► is recommended by the Late ter velopment center when— I ------ _----- - - -- - _. currence of the State or States affect- States affected. Written concurrence (a) The economic development ed.--may modi(Y--the boundaries of a from the S_ta_te must be received by _center )s no longer or Main- 1 district consistent with standards for EDA. menaed for destiroanon in an ape• authorizing new districts set forth In (c) Is geographically and economical- ends district O iana proved terming that Assistant(b► The economic development modification will me t district hat ththe e economiic deve • Is R 0 or y 4 f center no longer meets the standard, for designation. 1303.10. (c) The economic development center tails to actively pursue its role as an economic development center in a manner that makes a significant impact on the performance of the eco- nomic development district within which It is located. 1303.14 Redevelopment centers. The Assistant Secretary may recog- nize a redevelopment center which meets the criteria for economic devel. opment centers, but which falls in des- ignated redevelopment area. There is no limit on the size of the population of a redevelopment center. Subpart C-Financial and Other As- sistance to Economic Development Canton and Districts 1303-10 Financial assistance to economic development content. The Assistant Secretary may provide financial assistance (including public works and development facility loans and grants and commercial and indus- trial loans and working capital guaran- tees) in accordance with the criteria contained in Parts 30S and 306 of this chapter for projects in economic devel- opment centers when - (a) The project will further enhance the objectives of the overall economic development program of the district in which the economic development center is located. (b) The project will enhance the re- lationship between the economic de- velopment center and the economic development district. particularly the redevelopment areas. (c) The project will achieve one or more of the following: (11 Encourage economic growth. (2) Discourage out -migration from the district. (3) Have a beneficial Impact on the district's redevelopment areas. 1303.211 Economic development center i project ehsraeteristies. ( Projects In economic development centers shall have one or more of the following characteristics: (a) High job producing capability. (b) Remove barriers of access to jobs for the target population. (el Ability to trigger further project activity. (d) Al,tllty to trigger further eco- nomic impact. (e) Provision of facilities and services deemed essential to stimulate further growth. -at a level above that normally required for simple maintenance of a - _ , . - Sltp34anLlal COfnmt)nit}. - - -- 138 F t 2269. Jan. 23.1973, as amended at 39 FR 44940. Dec. 30, 19741 4 303.2: Grant fair fur reunumir detrinp- merit center proirriv. The grant rate for projects in eco• nomic development centers shall not exceed 50 percent of the project costs. 0303.23 Supplementary grants to district redevelopment arena. Subject to the limitation that the maximum Federal share for any project may not exceed 80 percent of the aggregate cost (except as provided in if 3ud.5 and 305.6 of this chapter), the Assistant Secretary may increase the amount of grant assistance for public works and development facili• ties projects within redevelopment areas by an amount not to exceed 10 percent of the aggregate cost of any such project, if: (a) The redevelopment area is situ• ated within a designated economic de- velopment district and is actively par• ticipating in the economic develop• meet activities Of the district and (b) The project is consistent with the currently approved district OEDP. (a) A;aroval of an overall economic development program. hereinafter re- ferred to as OEOP, is a- prerequisite for designation of a redevelopment area or economic development district except those areas designated unc!p . if 302.5 and 302.7 of this chapter. (b) A redevelopment area or econom- ic development district, where appro• prate, is required to maintain a cur• rently approved OEDP to retain its previous designation for eligibility to receive EDA funds. (38 FP. 2271. Jan. 23.1973. as amended at 39 FR 7779. Feb. 28.1974. 39 M 44960, Dec. 30, 19741 1304.2 Redevelopment areas may use die. trict OEDP's. Those qualified areas within existing economic development districts may use the district's accepted OEDP in lieu of drawing up a separate area OEDP: (a) Where the area has actively par• ti i t d i and d he dl tact 1303.24 Financial assistance to redevelop. meat centers. The eligibility of redevelopment cen. ters for EDA financial assistance, In. cluding the 10 percent bonus as pro- vided for in ;f 303.23 and 305.6 of this chapter, is the same as for any desig- nated redevelopment area within the district. The grant rate for the rede- velopment center shall be determined by the rate applicable to the redevel. opment area within which it Is located. 1303.23 Assistance to economic develop- ment districts. - pursuant to Title III of the Act. the Assistant Secretary may provide other assistance to the district Including: (a) Technical assistance. (b) Planning grants. Subpart B of Part 307 of this chapter. to assist the district organization in engaging a pro- fessional start and carrying its plan- ning activities. (c) Research assistance. PART 304•-OVERALL ECONOMIC DEVELOPMENT PROGRAM see. 304.1 OEDP requirements, 304.2 Redevelopment areas may use db• tnet OEPDs. 304.3 Redevelopment area OEDP Commit' tee. 304.4 initial OEOP. 304.5 tnitial OEOP for districts. 304.6 submission of initial OEDP. 304.7 The continuing proarant. 304.8 Progress report. 304.9 Revised_ OEDP. AOSnpatTY: sec. 701. Pub. 1. 89.136 442 V.S.C. 32111: 79 Stat. 570 and Dept. of Com- merce- Organaation Order 10•4 (ADS,- i. 197o1. unless otherwise noted. Souace: 38 FR 2271. Jan. :3. 1973. unless otherwise noted. 0304.1 0! I)1' requirement. 16 C pa e n Supparte t S I OEDP planning process, and (b) Where the area has submitted a letter to EDA signed by the Area's chief elected official or governing body and. where appropriate, a letter from the local OEDP committee wherein the area's decision to use the district OEDP is stated. 13044 Redevelopment Area OEDP Com- mittee. (a) The preparation of the Art— OEDP and of the ongoing develo: . ment program which It charts is the primary responsibility of the Area OEDP committee. (1) Area OEDP Committees are re- quired only in those areas not located In districts. (District organization re- quirements are set forth at 1303.4-1. 1303.4.2 and 1303.4-3 of this chap- ter.) (2) However. because of the crucial role of the OEOP committee. LDA rec- ommends that all areas establish such an organization even though located within a district and using the district OEDP (as allowed under 1304.2). (b) The Area OEDP committee shall be representative of the community so that all viewpoints are considered in discussion and decisionmaking and all available local skills are engaged in program formulation. Representation on the committee shall include repre- sentatives of local government (county. city. and town). business. in- dustry, finance. agriculture. the pro. fessions. organized labor. utilities. edu• cation. minonties. and the unem• ployed or underemployed. 13 CM Part 311 of this chapter. as imple- mented by the Ciril Rtahts Guide- tines:- contaies -the requireinants-Yon - the specific representation of minon! 1 _ VMS. - - - - - - - - (e) It an existing development group meets the criteria as set forth in para• gra:^ ibi of this section. that arouo may :unction as the Area OEOP corn• micee. L "11 M 1 � (Sec. 701, Pub, L 89.136. 79 Stat. S70 (42 t).S.C. 3211). Dept. of Commerce Orzar«zs• tion Order 10.4 48cot. 30. 1975). as amended (40 FR 36702.83 amended it % 945 FR 55703. Aug. 21. 19801 (c) uusentinc opinions or comment; fror:t the above entities shall be sub- mitted to EDA as attachments. If no corrsnents are received. there shall be a note from the submitting patty indi- catirg to whom and when the OEDP 0304.4 InitialOEDP. was sent to the various organizations (a) The Initial OEDP is the begin- for comments. Irfg of a planning program required (c) The OEDP committee shall re - by qualified redevelopment areas. title produce the initial OEDP in sufficient I areas. and economic development dos- quantity for the use of all groups tricts before the designation process taking part in the program. The local can be completed. organization shall submit seven copies (b) The initial OEDP will provide a to its EDA Economic Development concise and accurate background of Representative including one copy for the area or district in order to assist his use and six copies for the EDA Re. gional Office. Two copies shall also be the local leaders and EDA to under- stand the current development situa- tent to the State agency designated by tion. Such background may include a and the Governor to handle EDA COM activities - discussion of the district or area's ¢e- ad to the appropriate Regional om ography. population. labor force. natu• mission. any. ral and manmade resources. economic (d) Thea EDA Regional OPlan- and social activities. nine Division stall will review the e tc) The initial OEDP will examine OEDP for its adequacy. If the OEDP economic development and community can be approved, the staff will notify improvement opportunities and prob. the ra Economic Development Admims• lems. This includes an identification of t. on in Washington Its approval. I major current activities of other orga• f. however. the t winds the initial nizations in connection with economic OEDP inadequatee.. it will contact the rtaan of the OEDP committee by development and commletter and outline the required rcvi• unity improve- l ment opportunities and problems. lett afons or request a supplement. (d) The initial OEOP will provide a realistic development program and Mork program that will be developed and implemented in an effort to: a) Promote the district or area's economic progress. (2) Improve community facilities and / services. (3) Serve as a basis for a continuing Manning and development program. (a) The initial OEDP will be devel- 0 30t.7 The continuins program. After setting up and organizing the committee and submitting the initial OEDP. the area or district shall imple- ment the development program. and periodically update the development program with annual progress reports. 1304.8. or with a revised OEDP. 1304.9. oped with a specific regard for energy conservation concerns and principles. r 1304.8 Progress report. and shall reflect this regard in any de. (a) The OEDP annual progress report for the annual designation and veloped or proposed plans. programs. eligibility review for redevelopment or projects. areas shall be submitted after January tat Fit 2271, Jan. 23.1973. as amended at 45 FR 22 n. 23,191 1. but not later than March 31 of each FR Aug. year. covering the preceding calendar 1304.3 initial OEDP foe districts. Year. tb) located within an economic e. The requirements for the Initial nt m redevelopment Vrea.mea district. OEDP for districts are those contained i area. may. at its discretion. notify In 1304.4 and the following: EDA annuallys on or before March 31- (a) The identification and proposal that the district annual OE for designation or recognition of at the area report satisfactorily covers the least one economic growth center. area's own planning and programing. (b) An economic- growth center pro- to The annual progress report gram describing the role to be played ll districts shall be submitted annually by the proposed center in the imple- 30 days sitar the anniversary date o mentation of the district wide develops the EDA planning grant. Part 307. ment program. particularly as it re• Subpart B. and shall cover the period lates to the redevelopment areas. st of the planning grant. Those district which do not receive EDA planning 304.E Submission of Initial OEDP. grants. shall submit the report ai,nual i When the initial OEDP is complet• ly within 30 days of either their dig ad. the following steps shall be taken triet designation date or their fisca to obtain EDA approval: year. (a) The of the area or (d) Extensions for submitting th _inittal_OEDP district to be designated" is to be re- ail3 -jtld district prORress -reports wit viewed by appropriate governmental be granted only under exceptional cir W—W -all - organized interested cumstances. godlef roups. especially the appropriate lei Areas and districts aubm►ttfnR State agency. those organizations with initial or revised OEDP during the lase OF•18 Circular A-95 review authority. quarter of the calendar Year will no and the EDA Regional Office. be required to submit an annual pros re,.:; report by the following March 31. The retort will be due the following year covering a period of 1 year to Is months. - (f) If the area progress report has not b,en submitted by March 31. or cuw..,.t be approved. the Regional Di. rector. (1) Will Inform the area or district chair -nun of the nonreceipt or disap• proval of the progress report. (2) Will direct a member of the EDA regional office staff to visit and con- sult with the area or district chairman on the most expeditious way of sub- mitting the progress report. (3) May allow a reasonable extension of time (not to exceed 60 days) to pre- r pare the report or supplemental data. tinder very exceptional circumstances the Regional Director may allow a fur- ther extension. However. the report must be received not later than June 15. t4) Will recommend that the Assist. ant Secretary notify the State and the affected area or district officials that the eligibility status of the area or dis- trict is suspended pending rMlot of an acceptable Progress report it the progress report has not been received within the required time period. This means no applications for projects for financial assistance from the affected area or district will be approved. (g) It an unacceptable progress report was submitted. a supplement covering the deficiencies shall be Pre- pared by the OEDP committee. US FR 2271. Jan. 23.1913. as amended at 39 FR 44950. Dec. 30.19741 (1304.9 Revised OF.11P. (a) A revised OEDP will be required It EDA determines that the initial OEDP of the area or district is Inad- equate. (b) A revised OEDP will be required If EDA determines that the initial (XMP is outdated. (e) An area or district shall also revise its Initial OEDP it the OEDP committee determines that a complete ' reassessment of the local situation or a complete reassessment of the econom• le development program is desirable. (d) A revised OEOP may be submit- ted in lieu of the annual OEDP pros• r ress report. Failure of an area or dis- trict to submit a revised OEDP in ac- f ceptable form within the time aped• fled. and extensions thereof. may result in the suspension or termina• s tion of such area's or district's desig- nation after 30 daYs written notice by • EDA. (e) Before any revised OEDP for a I district is approved b1• EDA. it shall be reviewed by appropriate aovernmentai e bodies and all organized interested t groups. especially the appropriate State agency. those organiIIationa With OM8 Circular A-93 review authority. -and the EDA Regional Office. - - 138 FR ::'1. Jan. 23. 1973. is amended at 40 Fit ::96. Jan. Id. 19731 Date: October 28, 1986 Hearing: Dec. 2, 1986 Vote: 13 Yes, 1 No Action: Adopted KENAI PENINSULA BOROUGH ORDINANCE 86-92 (SUBSTITUTE -REVISED) REORGANIZING AND REESTABLISHING THE RESOURCE DEVELOPMENT COMMIS- SION THROUGH ENACTMENT OF A NEW KPB 2.43 AND REPEALING KPB 2.42 and 2.40.100. WHEREAS, the Economic Development Council was formed in 1979 to act in an advisory capacity to the administration and the assembly= and WHEREAS, Ordinance 81-89 established the Resource Develop- ment Commission to continue the work of the then disbanding Economic Development Councili and WHEREAS. through oversight Title 2.42 which created the council was not repealed and the establishing ordinance for the commission established the new body in Title 2.40 within the planning commission and errors were never corrected; and WHEREAS, Ordinance 83-40 provided for the disbandment of the commission not more than two years from June 21, 1983i and WHEREAS. the Kenai Peninsula Borough Assembly believes that the specific legislative mandate of Ordinance 79-50 for the s preparation and implementation of the borough's overall economic development program is as important in the economy of 1986 as .it was in 1979 if not more sot and WHEREAS, the assembly needs to be kept informed of the status of the borough's overall economic development program on a timely basis= NOW THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Secct_io 1. That KPB 2.42 and 2.40.100 are hereby repealed. -- Section 2. That a new KPB 2.43 is hereby enacted to read as follows"` i a IR yz Chapter 2.43 RESOURCE DEVELOPMENT COMMISSION 2.43.010 Established. There is established under the planning epartment a resource development commis- sion_.whish__shall_.act.._in._ an. advisory capacity- to-- the__ -- administration, the assembly and the planning commis - Sion. A Kenai Peninsula Borou h Ordinance 86-.2 Sub-Ris Page 1 of 3 Pages L 2.43.020 Members. The commission shall be com- pose OFmeFSers.—membership shall include a repre- - sentative from each of the borough's 5 first-class or home role cities nominated by the council of each such city. The remaining members shall be chosen so as to provide a balanced cross-section of the borough s economy. Commission members shall be appointed by the mayor, subject to confirmation by the assembly, for a r term of service of 3 years with initial terms stag- e gered. Members may be reappointed. Vacancies arising be filled for the unexpired from unexpired terms shall portion of the term only. 2.43.030 Meetins;s, officers and expenses. 1. The commission shall meet at least quarterly. 2. The commission shall elect a chairman and a -- -: - - _ vice-chairman for one year terms. 3. Per diem and travel expenses shall, be allowed as provided for the planning commission l members. 2.43.040 Powers and duties. The commission shall be responsible for forma at ng resource, business and -. industrial development programs, development policies, studies, and projects that will assist in the employ- cent of borough residents and in the economic develop- ment of the borough. The commission shall: ;t. 1. Collect and analyze data to evaluate existing borough resources; 2. Formulate and develope the overall long range `S of the c boroughment through .the f the public residents hearing process; Formulate quantifiable objectives or preformancs criteria for the attainment of the borough economic development goals; Identify specific alternatives or projects to accomplish the objectives; Prioritize the projects or alternativess Design and publish the borough economic development implementation plans Suverv_ise and monitor the implecentation of the plans and Ensure continual evaluation of the- program. - - - Kenai Peninsula Borough Ordinance 86-92 Sub.Rvs Page 2 of 3 Pages 8. Ensure and provide continued evaluation of the program. 2.•43.050 Administration. The borough's economic development a rector snaLL a minister to the functions of the commission, and be responsible for disseminating to commission members the minutes, reports,' economic data, and other information, and to keep the commission advised and informed of economic developments. The commission chairman and the economic development director shall be the liaison with the administration, the assembly and the planning commission. The economic development director shall also be responsible for liaison between the commission and other governmental entities. 2.43.060 Assembly reports. The -Resource Develop-. meat Commission or a subcommittee thereof shall make a formal report to the assembly immediately _ preceding- _a regular assembly meeting at least once each calendar quarter concerning the borough's overall economic development program and the current projectV, plans and studies of the council designed to futther economic development and increase employment in the borough. Section 3. That the Kenai Peninsula Borough Assembly hereby expressly approves the continued operation of the previously existing Resource Development Commission through the effective date of this ordinance and expressly ratifies and approves the acts and expenditures of the previous existing committee in performance of their responsibilities as provided by the KPB Code of Ordinances. Section 4. That this ordinance shall take effect immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS _ DAY OF December 1986. /5nathan W. bewall,ssemo y eresident ATTEST: Joez, n.'.I.G r,,�y/7'2i0/ Borough Clark, r) �(/ Kenai Peninsula Borough Ordinance 86-92 Sub-Rvs Page 3 o: 3 Pages 0 MOTIONS }! Made by: Agenda No.: AP S6000 D ��, xr9�►c ,� � �- 7� y yo�r� �� f �T/hi 457 * /'r . _ - - �A(/p9) A✓ ��,�w. /'?l �"p�/1i✓ S �✓ ?�f�wi i �.��- I c �.r, �/i •t��, : �i. - H- 6 CITY OF KENAI %Od Oapdal 4 4"„ '210 F OMM WMAI, AWU 9011 ULEPMONE M • M MEMORANDUM TO: Keith Kornelis, Public Works Director FROM: Jack La Shot, City Engineer ��- SUBJECT: Leif Hansen Memorial Park DATE: June 11, 1987 Bids for the referenced park were received this date as follows: ! ADDITIVE ADDITIVE BASIC BID ALTERNATE 91 ALTERNATE 12 ALTERNATE 13 Shearer Construction $58,251.70 $ 6,616.00 $26,500.00 - $ 7,055.00 Robinson Romeo 54,969.00 3,971.00 27,829.00 - 12,441.00 J. E. Thorton Gen. Contractor 55,000.00 6,500.00 29,500.00 - 7,17500 ' ` Thomas D. Blazy, Builder 47,870.00 6,340.00. 24,570.00 - 3,500:00 Architect's Estimate 49,527.00 29,070.00 24,570.00 - 10,000.00 The Basic Bid includes a larger gazebo constructed entirely on site, a sidewalk loop, and earth berms. Additive Alternate No. i is for a sidewalk to the Spur Highway, Additive Alternate No. 2 is _. to construct the fountain and Deductive Alternate No. 3 substitutes a smaller pre -manufactured gazebo. At this time, $43,560.00 is available for construction of this project. The only bid combination that would allow construction ► . with this budget is to except Robinson Homes bid for the Basic Bid minus Alternate No. 3 ($42,548.00). This could be done by Council j### at the June 17th meeting with a motion to approve a contract to Robinson Homes for this amount. Any other option would have to wait until the July 1, 1987 Council meeting to provide additional money through an amendment to the Federal Revenue Sharing Ordinance. Public Works and Carmen Gintoli recommend waiting until this meeting and awarding the contract to Thomas D. Blazy for the Basic ------_--_-----------------_. Bid in the --amount of 447,-870.00. -The -reason -is ---ate feel the City -_- will receive a substantially better gazebo for the money. This memo will appear in the Council packet as a discussion item. JL/kh PROJECT\HANSEN\BIDSMEMO.JL carmen vincent gint®Ip. architect 130 trading bay road, suite 330 kenai, alaska 99611 907 283.7732 i June 12, 1987 City of Kenai 210 Pidalgo St Kenai, AK 99611 Attention: Wm. J. Brighton, City Manager Re: Leif Hansen Memorial Park Dear Bill: There is much confusion over the additive alternate fountain, ,V specifically the method of payment for work to construct the fountain. Contrary to statements made, there is no agreement, written or verbal, between myself and the Hansene regarding this issue. The Hansen's understand that we had estimated the cost of the fountain prior to bidding at $25,000.00. And that the 8 to 1.0 thousand dollars they have collected in memorial donations would have to be supplemented. Further they understand they would have - to donate the memorial funds to the city and the city in turn would disperse the funds to the contractor. The bids on Pountain alternate, which includes the fountain, its basin, electrical and plumbing connections, and circumferential concrete walks and seating ranged between $24,570. and $27,829: Since the Hansens memorial fund is lacking considerably, and since there are no funds in the budget for such an expenditure, we suggest the Public Works Department, after the contract is awarded, negotiate with the sucessful bidder on the fountain i alternate to determine what portion of the work can be provided within the constraints of the Hanson's memorial fund. Please contact me should you have additional questions. Sincerely• rmen Vincent Gintoli, Architect - -- -- ----- -.< -- - �armen V-. Gi oli CVG/bh �I ■ L -- - - L� , �-- - � �-- C Suggested By: Administration CITY OF KENAI ORDINANCE NO. 1215-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, '----- = RESCINDING ORDINANCE NO. 870-83. WHEREAS, on August 17, 1983 the City Council of the City of Renal passed Ordinance No. 870-83 allowing individuals to for use along what is commonly perfect an easement public known as Candlelight Drive Extension, and -- WHEREAS, Candlelight Drive Extension vas not constructed to City specifications and received no City maintenance, and WHEREAS, adjacent property owners, including the Burnetts their via a section line ' have physical access to property ,. easement, and WHEREAS, to date no easement has been perfected along Extension and the City of Kenai has leased Candlelight Drive these lands for the purpose of a municipal golf course. tt NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF „ KENAI, ALASKA, that Ordinance No. 870-83 is hereby rescinded. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of June, 1987. JOHN J. WILLIANS, MAYOR ' ATTEST: I- .:1 Janet Whelan, City Clerk 0 Suggested by: Administration CITY OF KENAI ORDINANCE N0, 870-83 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A PUBLIC USE EASEMENT ALONG CANDLELIGHT DRIVE EXTENSION THROUGH CITY -OWNED LANDS. WHEREAS, the City has received a request for a grant of access and maintenance along Candlelight Drive Extension through City -owned park and recreation lands described ae.Government Lot_ 39 Section 3, T5N, R11W, SM, and WHEREAS, Candlelight Drive Extension is an existing roadway of one -quarter mile in length, is not constructed to City specifications and receives minimal City maintenance, and WHEREAS, said'roadway provides the physical, but not legal access, to the adjacent 80 acre tract to the south, and WHEREAS, the Kenai lAdvisory Planning & Zoning Commission recom- mended that a•public use easement be granted along Candlelight Drive Extended at their meeting of May 25, 19839 and WHEREAS, an appropriate easement width of sixty feet would accommodate the existing roadway as well as present and future utility construction, and WHEREAS, Kenai Municipal Code Sections 22.05.0109 22.05.020, and 22.05,050 require that a public use easement be established by the City Council by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that a sixty foot public use easement be es- tablished along Candlelight Drive Extension through City -owned lands described as Government Lot 3, Section 31 T5N1 R11W, S.M., subject to permission from appropriate federal agencies. Furthermore, the City shall not assume responsibility for the upgrading and maintenance of said easement unless authorized by Council, nor costs of perfecting this easement. PASSED BY THE COUNCIL OF THE CITY OF YA4AI, ALASKA, this 17th day of August, 1983. 4�'J" At ALo , ATTEST: - ,anet he an, City Clark /✓ First Readings June 19 1983 Second Reading: August 179 1983 Effective Dates September 17, 1983 L C a Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1217-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1986-87 "KENAI SENIOR CETIZENS - TITLE III" FUND BY $2,600.00. WHEREAS, the City has received an additional $1,800.00 in Kenai Senior Citizens - Title III donations which have not been appropriated, and WHEREAS, the City expects to receive -an additional $800.00 is donations during the month of June, 1987, and WHEREAS, the Project Director has asked that this money be appropriated for the purchase of good supplies and transportation of senior citizens and home delivered meals. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Kenai Senior Citizens - Title III Increase Estimated Revenues: $2,600.00 Donations Increase Appropriations: Access Services: Repair & Maintenance $1,000.00 Congregate Meals: Operating Supplies 1,280.00 Home Delivered Meals: Operating Supplies 320.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 1987. JOHN J. WILLIAMS, MAYOR ATTEST: rk T'-whalan. City Cle_ _ • __-_ _ft , no-7 0 Y Requested by: Administration CITY OF KENAI ORDINANCE N0. 1218-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1986-87 "SENIOR DAY CARE" FUND BY $1,850.00. WHEREAS, the City has_received an additional $1,600 in Senior Day Care donations which have not been appropriated, and WHEREAS, the City expects to receive an additional $250 in donations during the month of June, 1987, and WHEREAS, the Senior Day Care Coordinator has asked that this money be appropriated for the purchase of program supplies and a typewriter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Senior Day Care Increase Estimated Revenues: Donations $1,850.00 Increase Appropriations: Operating Supplies $1,000.00 Machinery and Equipment: 850.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 1987. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: June 3, 1987 Second Reading: June 17, 1987 Effective Date: June 17, 1987 Aunroved by Finance: wie L i Suggested by: Administration , CITY OF KENAI RESOLUTION NO. 87-37 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1986-87 COUNCIL ON AGING - BOROUGH FUND. From: Health Insurance SA.600 To: $ 300 ` --- - Office Supplies Operating Supplies 0 Repair & Maintenance 1,750 Machinery & Equipment 650 f a..Q -,. This transfer provides money for the purchase of an ice maker at the senior Center, repair of one of the vans a nd the purchase of supplies for the Senior Citizens program. j PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASK.A this 17th day of June, 1987. I JOHN J. WILLIAMS, MAYOR 1 ATTEST: Janet Whelan, City Clark Approves! by Finance: 1 - ---- ---- -- --- _,... - -- - -- - ----------- } a N 1 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 87-38 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, I ALLOWING ONE YEAR EXTENSIONS TO THE DRILLING PERMITS PURSUANT TO KMC 5.35.080 FOR CANNERY LOOP UNITS #1 AND #3 WELLS AS REQUESTED BY UNOCAL. WHEREAS, Unocal was granted a Drilling Permit for Cannery Loop Unit #1 well, effective January 17, 1979 and for Cannery Loop Unit #3 well, effective January 7, 1981, both which were subsequently certified as wells capable of producing in paying quantities, and WHEREAS, the above -described permit for Cannery Loop Unit #1 well was extended for one year by the City Council on request of Unocal on the grounds that a majority of the working interest share of gas in said units is bound by contractual obligations to be delivered in kind to Pacific Lighting Gas Development Com1pany, and WHEREAS, by letter dated June 8, 1987, Unocal has requested 1 additional one year extensions of the above -described permits. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Drilling Permits for Cannery Loop Unit #1 and Unit #3 are hereby granted an extension for one year to July 1, 1988. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th i day of June, 1987. I � i, ilk ATTESTS -----_-_=`-- - Janet Whelan, -city -Clark ,r JOHN J. WILLIAMS, MAYOR It ff ' 1lnowl Oil � Qa• Oh►1Non Unocal corppopration P.O. Box 190247 Anchorage, Alaska 99519.0247 Telephone (907) 276.76M UNOCAL* ry ci ITY Aft 111q. o �UFICF/ygl Rob•A T. And•r oe June 89 1987 emu: DtIrICMIm . Mr. Bill Brighton City of Kenai P.O. Box 560 Kenai, Alaska 99611 CANNERY LOOP UNIT State of Alaska Milling Permit Extension Cannery loop Unit Nos. 1 & 3 Dear Bill: Union Oil Company of California as Operator of the Cannery Loop Unit and in Ci accordance with the requirements set forth by the City of Kenai, Municipal Code 5.35.0809 respectfully requests.a one year extension of our Drilling Per- mits for the Cannery Loop Unit #1 .and #3 Wells. Such an extension, when ap- proved, would extend the shut-in status of these two wells thrujgh June 309 1988. Union intends to have representatives present at the June 17th, 1967 City Council Meeting to answer any questions which are not addressed by the contents of this letter. Since last years request for permit extension much activity has taken place. All three participating areas have been established and are approved. The Working Interest Owners with their diverse interests have come to agreement on facility design and have reconciled agreements to handle distribution of costs and gas balancing since not all Working Interest Owners have a market for their share of production. Pipeline right of way acquisition has been ac- complished for both drillsites with pipelines and surface facilities slated to be in place this summer. Currently the Cannery Loop Unit #4 well is drilling on site 03. If we en- counter oil in this exploratory well, oil and gas will be developed concur- rently. But regardless of the outcome of this specific well, gas and or oil production is anticipated to commence the 4th quarter of this year. d Mr. Bill Brighton -2- June 89 1987 Drilling Permit Extension Cannery Loop Unit Nos. 1 & 3 The level of activity particularly by way of drilling, and the construction of our treatment and transport facilities certainly demonstrates Union's good faith in going ahead with field development. The activity outline above should preclude our having to ask for future extensions in that production will be in full swing by next July. Should you have any questions with regard to our requesto please don't hest- tate to contact the undersigned at 276-7600. V ry truly yours, 4evin A. Tabler Landman L RENAI HARBOR COMMISSION MEETING JUNE 2, 1967 AT 7:00 P.M. RENAI CITY HALL CITY COUNCIL CHAMBERS LEON QUESNEL, CHAIRMAN AGENDA 1. ROLL CALL L. 2. AGENDA APPROVAL — --- 3. PERSONS PRESENT SCHEDULED TO BE HEARD ' A. None d. MINUTES A. None , a. OLD BUSINESS A. Verbal Report on Leasing Dock Stations B. Verbal Status Report on construction progress e 6. NEW BUSINESS A. Approval of Kenai Harbor Rate Schedule B. Federal Revenue Sharing request of Kenai Marine Dock 6/1/87 7. CORRESPONDENCE _ A. ADEC Wastewater Disposal Permit - Royal Pacific Fisheries (May 18, 1987) B. Coast Guard Auxiliary -Request for Public Comment a (May 7, 1987) ' C. Alaska Research Associates, Inc. - Salmon Tagging t Program (May 1, 1987) R; D. ISER Research Summary March 1987 k E. The Waterfront Center `. S. PERSONS PRESENT NOT SCHEDULED TO BE HEARD '5 9. COMMISSION COMMENTS AND QUESTIONS •10. ADJOURNMENT DEPT\HARBOR\AGENDA.62 i, 6/02/87 .n 1E [IN 0 I 1 Kenai Harbor Commission , June 2, 1987 Page 1 { KENAI HARBOR COMMISSION, REGULAR MEETING, MINUTES j JUNE 2, 1987 - 7:30 PM 1 KENAI CITY HALL CHAIRMAN LEON QUESNEL PRESIDING 1 - ROLL CALL 4 Present: Leon Quesnel, Tom Thompson, Barry Eldridge, Joe Nord 4 Absent: Marvin Dragseth, Alan Houtz, Wally Page 2 - AGENDA APPROVAL Commission approved the agenda as submitted. 3 - PERSONS PRESENT SCHEDULED TO BE HEARD None 4 - MINUTES None 5 - OLD BUSINESS f 5-a Verbal Report on Leasing Dock Stations 5-b Verbal Status Report on Construction Progress t Public Works Director Kornelis reported they have gone out for bid proposals 2 times, they have had no replies. He has received proposals since then. One is for a long term contract, the others are lump sum and price per lb. over the dock. He added, we are close to contract in construction. The office building will be moved closer to the river. They have a storage bin. it will be $700 over. Western Marine is half through with the fender piles; the dock, trestle and railing are done. The repair grid is not done. The crane is on the dock but not in place. The office is there and painted. The rest room walls are up, the roof is on. The well house walls are up, the roof is on. The old well will be fixed for a drinking fountain. Chairman Quesnel suggested posting a sign if the water is not drinkable. Mr. Kornelis added, there is a small fuel leak, they are tracing it. 6 - NEW BUSINESS 6-a Approval of Kenai Harbor Rate Schedule Public Works Director Kornelis reviewed the rate -- -= - - - - - -schedule. - He- got- small braile- baskets _$670 each*-__ They are not collapsible. Repair grid: Commissioner Eldridge noted Homer goes by size. Mr. Kornelis r' Kenai Harbor Commission ' June 2, 1987 Page 2 replied, the grids will be tied up no matter what size i> the boats are. Septic tank dumpings: Mr. Kornelis said this will include campers. Commissioner Eldridge said most boats can dump in the water as long as they are well off -shore. The Commission amended the rates`' i to: 0-25 gal. - $5.00; 50-110 gal. - E10.00= 100+ gal. - $.10 gal. Waste oil dumping: Mr. Kornelis noted gas stations charge about $.85, this is an estimate. Boat launch ramp: Commission changed to - 0 -. Skiff moorage: Commission amended to read, f "This is for permit holders for moorage space on the k , } river. No long term parking, recreational boats can stay there for a small period of time." Showers Mr. - - Kornelis explained, this is standard cost. They will - not charge for towels. This will be gone by next year, they will have metered showers. Washers Mr. Kornelis noted the soap is biodegradable. They will have 55 ft. of hose. He is concerned about security on the scale. Commission agreed to have it brought in at night. Mr. Kornelis said he is looking for oil containers. The Coast Guard has been contacted regarding this. Other items: Mr. Kornelis explained, the charges are estimated at 15%-20% above costs. He wanted 1-2 fish totes in case we don't have a place to dump to. He i wanted to buy a Little Giant submersible Pun►p• Commissioner Eldridge suggested an inductor (7) fo r the fire hose, 50-60 gal. per minute. Mr. Kornelis replied, they will have to use with the -water hose. i They have 1 in. hose,'and hope to have a 7-1/2 HP _ submersible pump at 60 lb. They get 100 gal. per h was coming minute. Chairman Quesnel asked if the water from the well for fire protection. Mr. Kornelis replied, there will be a pumper truck with the main • fire line. I MOTION: Commissioner Eldridge moved, seconded by Commissioner Nord, to approve the rate schedule with changes as stated. F: M Motion passed by unanimous consent. 6-b Federal Revenue Sharing Request of Kenai Marine Dock Public Works Director Kornelis explained, this is ' probably the last of Federal Revenue Sharing. The money is already available. Commission took no action. 7 - CORRESPONDEN a -3! - - rr Kenai_ Harbor Commission June 2, 1987 Page 3 7-a ADEC Wastewater Disposal Permit - Royal Pacific Fisheries The Commission questioned the location. Public Works Director Kornelis said he would check with Mr. Dragseth regarding this. 7-b Coast Guard Auxiliary - Request for Public Comment There is no Auxiliary in this area, Commission took no action. 7-c Alaska Research Associates, Inc. - Salmon Tagging Program 7-d ISER Research Summary, March 1987 No action by Commission. 7-e The Waterfront Center Commission agreed to apply for an Organizational membership. S. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 9. COMMISSION COMMENTS AND QUESTIONS a. Commissioner Eldridge asked on the status of the bird viewing station on the Kenai River. Public Works Director Kornelis replied, the State wants to look at our plans. They asked the Legislature for the large plan, but did not get the money. The City has designed the smaller plan, got the COE permit, the air space permit. The Chamber of Commerce is ready to go. Commissioner Eldridge noted the pins being sold to help support it are here. The Chamber does not want to build it and have the State come in later and take it down. b. Chairman Quesnel noted the Alaska Port Policy organization has not sent minutes since Nov. 1986. He asked what the status is now. Public Works Director Kornelis said he would check on this. Commission agreed to request an associate membership at $50. 10. ADJOURNMENT Meeting adjourned at 9:i0 PM. 11 - L Kenai Harbor Commission June 2, 1987 Page 4 NOTE: Commission agreed to schedule their meetings for the Monday before Council meeting at 7:00 PM in the Council chambers. Next meeting: June 15, 1987. Janet Whelan City Clerk • CITY OF KENAI , •Od (?apdaJ 4 4"„ - � • Z10 RI�ALRIO KENAI. ALA9KA �b11 — THLEPIIONB �A9.7ei,10 EE_MORANDIIM TO: Wm. J. Brighton, City Manager FROM: Jack La Shot, City Engineer 9) SUBJECT: Award of Lease Spaces - City Dock Facility DATE: June 16, 1987 Contained in the June 17, 1987 Council packet are -Resolutions 87- 39 and 87-80 to award the lease spaces on the new dock. Keith has negotiated with the potential lessees as explained in his memo using the bid specifications as a basis. At the June 15 Harbor Commission meeting, the Commission made the recommendation to the City Council to award the contracts based on each lessee paying the migimum amount (88,500 for Station 2 and $12,000 for Station 3) by June 25 or post a payment bond. This may not be a problem with Cook inlet Seafood Services as they have suggested paying up front in their proposal. However, Ihander international, Inc. would like to pay according to the bid specs. Since we are now negotiating and not bidding, we have the latitude to change the specs, however, they have been used as basis for negotiation and changing them now may cause hard feelings and hamper our efforts to timely lease the stations for the best rates. JL/kh PROJECT\KBF\LEASE.MEM z �"l . P. . _ ..%y 11 M Q� 6*-7 CITY OF KENAI --j "Od eapdal of >r4 wlea„ MO FIDAL00 KENAI, ALASKA Sim TELEFNONB 293. 7628 H999RANDUM TO: William J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: June 11, 1987 SUBJECT: LEASE OF DOCK STATIONS NO. 2 AND NO. 3 FOR: CITY COUNCIL MEETING OF JUNE 17, 1987 In the packet for the upcoming June 17 Council Meeting is Resolution No. 87-39 and 87-40. Resolution 87-39 awards the 1987 Lease of Dock Station No. 2 and related parking to Cook Inlet Seafoods Services for $8,500.00 or $0.03/ib whichever is greater. Resolution 87-40 is to award the 1987 Lease of Dock Station No. 3 and related parking to Ihander International, Inc. for $12,000.00 or $0.03/ib. whichever is greater. Larry Powers of Cook Inlet Seafood Services has stated that they were willing to pay the $8,500.00 upon approval of the Proposal and pay the $0.030 per ij pound extra by October 4, 1987. The Proposal that I received from Ihander International, Inc. dated 6/1/87 showed a sliding scale from $0.035 per pound for 500,000 pounds to $0.015 per pound for 2,000,000 pounds. On June 10, 1987 I received verbal confirmation from Kirk Ihander that .. Ihander International, Inc. is willing to pay the minimum bid of $12,000.00 or $0.03 per pound whichever is greater for the Lease of Dock Station No. 3 and related parking. Kirk Ihander would ' like to make the $12,000.00 minimum in accordance to our bid - schedule which amount to periodic payments. '. I propose to give Cook Inlet Seafoods Services the same option of .T periodic payments as to keep both leases similar. Attached is a summary of the Payment Schedule that I plan to incorporate into the contract documents. 1 .i S 'a 1 a . i 12 j, CITY OF KENAI KENAI DOCK LEASE LEASE OF STATIONS NO. 2 & 3 PAYMENT SCHEDULE TO THE CITY STATION 2 STATION 3 COOK INLET IHANDER DATE 1 887 gEAFOOD SERMICES NT,ER.. INC. June 17 Council Award Council Award June 18 P.W. Award P.W. Award June 29 20% $ 1,700 $ 2,400 July 1 40% 3,400 4,800 July 15 40% 8 3 400 8 4,800 $ 8,500 $12,000 On October 4, 1987 both leases will figure $0.03/lb. for all fish they have taken over the dock subtract the lump sum amount that they have already said ($8,500 for Station 2 and $12,000 for Station 3) and pay the City of Kenai the difference. cc: Cook Inlet Seafoods Services, Attn: Larry Powers Ihander International, Inc., Attn: Kirk Ihander PROJECT\KBF\PAYMENT.SCH RECEIVED 'JUN 8198r ba Waft o1*t Box 67 Kenai, Alaska 99611 June 8, 1987 City of Kenai Atten: Keith Kornelis 210 Fidalgo Street Kenai, Alaska 99611 Dear Sir; Regarding the rental of the new Kenai City dock and parking area, Cook Inlet Seafood Services would like to submit the following proposal: For Space No. Two on the dock and related parking, we will pay (8500,00) Eighty-five hundred dollars or (.03) three cents per pound, whichever would be greater. The eight thousand five hundred dollars would be paid upon the approval of this proposal. The three cents per pound would be determined and paid by October 49 1987. I anticipate between one and three million pounds to be moved this summer. Thank you for your consideration. Larry•B. Powers IN r 11111M 1 CITY OP KBNAI RBNAI BOATING FACILITY LBABB OF STATION N0, 3 AND BTATION NO, B BOAT DOCK AND PARKING ARBA BiDOBR'B QUBSTIONNAIRB All information requested in this Questionnaire must be furnished by the Bidder, and must be submitted Stith the Bid Proposal. Statements must be complete and accurate and be presented in the form requested. omissions, inaccuracies, or misstatements in an Bidder's Questionnaire may, at the discretion of the City, be grounds forrejectionof the bid proposal. 1. Name of the Bidder exactly as it is to appear on the Lease Agreements j C=A Zak/ Jtw6d Axer-Q,iRS a. Mailing address of the Bidder for contract administration purposes: &K 6Z 3. The Bidder, if selected. intends to operate the Boat Dock and Parking Area as (check one)t CD ( A-< Individual ( ) Joint Venture ( ) General Partnership ( ) Corporation ( ) Limited Partnership 0. UM2RBHIp OR JOINT VBNTURB ;r If the Bidder will operate the Boat Dock and Parking j Area as a partnership or joint venture, attach a copy of the partnership or joint venture agreement and answer the following questions$ a. Name, mailing address, and share of each partner or joint venturers ame Address Share i _ f b. Date of Organization: l c. Agreement recorded ats Borough/County/Judicial District state Date •H-1 - , d. A bid deposit in the amount of $500.00 is the following forms A certified or Cashier's check on a solvent financial institution doing business within the United states of America, payable to the City of Kenai. The Bidder hereby acknowledges the City's right to cash such chock Immediately. Within ten 410) calendar days alter receipt of notice and acceptance of oiler by the City of Kenai, the Bidder will execute todtheliver City ofeLease Kenai, 210 Fidalgotogether with the Street Kenai, Alaska,red rent 99611 It is understood and agreed by the Bidder that failure to execute and return the lease agreement, together with the required rent .payment in the time specified, shall constitute a breach of this oiler on the part of the Bidder; and that upon such breach the deposit hereinabove referred to shall be fortatted to the City of Kenai. Time is of the essence in the execution and performance of the obligations under this Agreement. This oiler may be accepted or rejected by the City of Kenai by notice to the Bidder at the address stated on the first pave Of this Bid Proposal. sincerely, (CORPORATE.SEAL) L'ooit �n1,�� sert�c��spru. t p5 Name of Biddint! Corporation, CompanyA, or Person � Signatu o By gaPORM, ACKNOWLBDONENTt STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS 18 TO CERTIFY that on this day of 198_ . before me, the undersigned. a Notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared , known to me and to me know to be the of , the corporation which executed the foregoing instrument, and he acknowledged to me *.hat he executed the same for and on behalf of said corporation, and that he is fully authorized by said corporation so to dos and that the corporate seal affixed to said instrument is the corporate seal of said corporation. iN wiTHS88 wHBasor, I have hereunto set my hand and affixed By official seal the day and year above written. Notary Public in and for Alaska. -- - - - - 117E Commission Expirest - J a-3 L 0 --i plff�f A 1. - -- --1 STATE Or AIASRA ) ae. THIRD JUDICIAL DIQTRICT ) THIS IS TO CERTI,or that on this day of 168 WV before me, the undersigned, a Notary Pub is is and for the State of )llaska duly commissioned and i� sworn, personally appeared WX p� 1's , known to me and to me know to be the pe sonls) named herein and who , - - - ( executed the foregoing instrument, and the, she, they) (his. 1 acknowledged to me that (he, she, they) signed the same as her, their) free and voluntary act and deed with full knowledge - - - - of its contents, for the uses and purposes therein menti.oned.,,, IN wITNEss wHEREOP, I have hereunto set my hand and aftt..,�°•, my official seal the day and year above written. Notary Public in and for,Alae .,� My Commission Expirest ; .1 1 r I , 1 E.0 ..f L. M f- N W RECf�u�n 51987 E Ihander International, Inc. 2210 S.L 10th Gresham, Oregon 97030 (503) "1.0424 Import - Export Brokerage -Trading } Seafood - General Commodities 101m ventures Ming fleets 6/1/87 Dear Sir(s): My proposal to the City of Kenai is as follows, with an explanation in my summary. Note; Mender International Ina. has contracted (salmon) for the past two years and has a sueeesfully moved close to two million pounds abi.a cash buyer. .We expect to move over one and half million this year due to our reputation from years 85&86. We are not at liberty to divulge which company we are going to proeeess at, due to the fact we are attempting to purchase a proeeessor (under nego- 00 tiation). If we do not purchase this plant,we have made arrangements to proeeess at Ampae in Anchorage. The city of Kenai wishes to get a set amount for their buying stations. However, not many proacessors have been volume movers as cash buyers, thus the competition is very limited. We propose the following on all stations combined: 1. Ihander Int. Inc. shall give the city of Kenai: f 2 million lbs round salmon 1�e a lb. ----- ' 20 a lb. ----- 1j million lbs. 2io a lb. ----- 1 million lbs. ? 310 a lb. ----- 500,000 lbs. I ('his means if I get 999,999 lbs. I still owe you 3W . There is absolutely to reason for not purchasing at least one -million lbs. of salmon, especially in a banner year. Summary: Fifteen percent of the fishermen in the Cooks Inlet fishery -are out -of state. They reside in Astoria, Oregon and surrounding areas. My --------- -- - family fishes three boats and I personaly have fished 12 years. My relatio- ship with these permit holders has made my programs highly successfu . f ,._ N W Ihander International, Ince _ 2210 S.E. 10th Gresham, Oregon 97030 (503) 661.0424 E Import • fxport brokerage • Ttading Seafood • General Commodities joint Ventures Fishing Fleets Ihander Int. Inc. is also one-third owner of A -COD -Cos out of Seward, Alaska and are spearheading the Cod industry with strength and vitality. Note: Our major suppliers in Seward are the Russian fleet from Ninilehik, whom have the largest salmon fleet in the Cooks Inlet. This should sub- stantiate the reputation and strength of our proposal. The last point and a very important fact. Many fishermen are loyalists to their canneries, but we opened the doors two years ago and will continue creating competition for the fishermen for years to follow. It takes tremendous associations to break loyalty, but Ihander Int. Inc. has done so. These are just a few of the facts. Please notify me R.S.V.P.. Thank You. Beat Regards, Pres, Ihander Int. Inc. 0 --KEENER PACKING COMPANY, INC. Alaskan Seafoods Star Route 2 Box 738 Soldoma, Alaska 99669 RECEIVED (907) 283.9264 JUN 91987 Fieft Weft 080L June 8, 1987 coy of Kew ATMITIONt Kieth Kornelis Director Public Works -City of Kenai SUBJECT: Lease of City Dock Buying Station Keener Packing Co., Inc. would like to be included in the negotiations for a buying station on the new city dock. As a preliminary proposal we will offer to pay the city I cent a pound for fish taken over the dock. We estimate 500,000 pounds of fish over the dock in the 1987 season. Please contact us as to any other proposals you receive so that we might make a counter offer. Sincere I ly Paul Z Operat Supervisor 1, Ci. -DOX ZZ017" city Kenai L4Y zed Prv_'.c.:25Q irlo rec. "70% City 0%- Kenai =OR- See-tion three of Ci"�v o7 Aertai Dock Packaae i. =4 ftv year lea,- _,e at F v c-a housand Dcs! I ars ($5, 00& 00) per year july 1 to June 30 a. ter zen year lease at 74ve 7h 0 U S a n d Do, 11 ars ($5, 000- ZIZ0 per year with omtion of fOlAr 'ter, year renewals. r Cme it a CIOC�(. 04Cta4-e5 -neeo -F--- irive%.` r in crane. 7he r.f the a vehicle 'co -F_'ss;-j to '.,madinp area. a aumo -,.o meet ar, o-office, etc.. unloacinp, Thank You f A 11 •3rccess rfc. fr ti K Suggested by: Administration !� RESOLUTION NO. 87-39 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE 1987 LEASE OF DOCK STATION N0. 2 AND RELATED PARKING AT THE RENAI DOCK OF THE CITY OF KENAI HARBOR TO COOK INLET SEAFOOD SERVICES FOR $8,500.00 OR $0.03/LB WHICHEVER IS GREATER. WHEREAS, the City of Kenai solicited bids on May 14 and again on May 20 and received no bids, and WHEREAS, after the bidding dates passed the City of Kenai received four proposals, and WHEREAS, Cook Inlet Seafood Services' proposal is deemed to be the best proposal for the City of Kenai for the 1987 lease of Station No. 2, and WHEREAS, the recommendation of the Harbor Commission and the =� Public Works Department is to award the lease of Station No. 2 to Cook Inlet Seafoods Services, ,. WHEREAS, the Council of the City of Kenai has determined that awarding the 1987 lease of Dock Station No. 2 to Cook Inlet Seafood Services is in the best interest of the City. ot ' NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai award the 1987 Lease of ? Dock Station No. 2 and related parking at the Kenai Dock of the - City of Kenai Harbor to Cook Inlet Seafood Services for $8,500.00 or $0.03/lb. whichever is greater. _ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 1987. JOHN J. WILLIAMS, MAYOR Lam... 0 �IBS19 Suggested by: Administration RESOLUTION NO. 87-40 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE 1987 LEASE OF DOCK STATION NO. 3 AND RELATED PARKING AT THE KENAI DOCK OF THE CITY OF KENAI HARBOR TO IHANDER INTERNATIONAL, INC. FOR $12,000.00 OR $0.03/LB WHICHEVER IS �I GREATER. WHEREAS, the City of Kenai solicited bids on May 14 and again on May 20 and received no bids, and WHEREAS, after the bidding dates passed the City of Kenai j received four proposals, and WHEREAS, Ihander International, Inc.'s proposal is deemed to be the best proposal for the City of Kenai for the 1987 lease of Station No. 3, and WHEREAS, the recommendation of the Harbor Commission and the Public Works Department is to award the lease of Station No. 3 to Ihander International, Inc., WHEREAS, the Council of the City of Kenai has determined that t awarding the 1987 lease of Dock Station No. 3 to Ihander International, Inc. is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai award the 1987 Lease of Dock Station No. 3 and related parking at the Kenai Dock of the ; City of Kenai Harbor to Ihander International, Inc. for $12,000.00 or $0.03/ib. whichever is greater. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 1987. ATTEST! Janet Whelan, City Clerk Approved by Finance: Written by Public Works: JOHN J. WILLIAMS, MAYOR Is L Fj Im NM Suggested by: Administration RESOLUTION NO. 87-41 I A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR PAINTING AND PAPERING TO H & H INTERIORS FOR THE PROJECT ENTITLED "CITY HALL PAINTING AND PAPERING - 1987" FOR A LUMP SUM AMOUNT OF $4,350.00. WHEREAS, the City of Kenai received bids from the following firms: FIRM BID PRICE Hansen Painting $ 8,500.00 H & H Interiors $ 4,350.00 J & D Custom Painting & Drywall $ 7,249.00 Peninsula Painting & Sandblasting $ 8,627.00 WHEREAS, the Council of the City of Kenai feels that it is in the - - - best interest of the City of Kenai to award this project to H & H interiors, and �.. WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the a contract be awarded for painting and Hall Painting and Paperingnte1987"*for aforhlump sumprotamountled of $4,350.00. i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day {' of June, 1987. F Janet Whelan, City Clerk F -- Approved by Finance: 44 Written by Public Works: JOHN J. WILLIAMS, MAYOR 0-1 0 L C-S Suggested by: Administration RESOLUTION NO. 87-41 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR PAINTING AND PAPERING TO FOR THE PROJECT ENTITLED "CITY HALL PAINTING AND PAPERING - 1987" FOR A LUMP SUN AMOUNT OF $ . WHEREAS, the City of Kenai received bids from the following firms: WHEREAS, the Council of the City of Kenai feels that it is in the best interest of the City 'of Kenai to award this project to , and WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the a contract be awarded for painting and Papering to for the project entitled "City Hall Painting and Papering - 1987" for a lump sum amount of $ • PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 1987. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Whelan, City Clerk C -q Suggested by: Administration RESOLUTION N0. 87-42 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR FLOOR COVERING TO PENINSULA FLOORING CENTER FOR THE PROJECT ENTITLED "CITY HALL FLOOR COVERING - 1987" FOR A LUMP SUM AMOUNT OF $15,833.00. WHEREAS, the City of Kenai received bids from the following firms: i FIRM BID PRICE Rutherford Floor Covering $ 18,174.00 Peninsula Flooring Center $ 15,833.00 '1 WHEREAS, the Council of the City of Kenai feels that it is in the i best interest of the City of Kenai to award this project to Peninsula Flooring Center, and 1 WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the a contract be awarded for floor covering to Peninsula Flooring Center for the project entitled "City Hall - Floor Covering - 1987" for a lump sum amount of $15,833.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day >' of June, 1987. :i ATTEST: 1L f Janet Whelan, City Clerk Approved by Finance: -. Written by Public Works: ,j r t; JOHN J. WILLIAMS, MAYOR L c-9 Suggested by: Administration RESOLUTION NO. 87-42 I A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, I AWARDING A CONTRACT FOR FLOOR COVERING TO FOR THE PROJECT ENTITLED "CITY HALL FLOOR COVERING - 1987" FOR A LUMP SUM AMOUNT OF $ • WHEREAS, the City of Kenai received bids from the following firms: WHEREAS, the Council of the City of Kenai feels that it is in the best interest of the City of -Kenai to award this project to and WHEREAS, sufficient funds are appropriated. -------_-- -- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the a contract be awarded for floor covering to for the project entitled "City Hall Floor Covering - 1987" for a lump sum amount of 8 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 1987. :.. JOHN J. WILLIAMS, MAYOR ATTEST: I i C-ID Suggested By: Administration CITY OF KENAI RESOLUTION 87-43 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1986-8*1 SENIOR DAY CARE FUND. FROM: Health Insurance $3,600.00 TO: Operating Supplies Repair & Maintenance $3,400.00 $ 200.00 This transfer is a result of the State requesting unencumbered monies either be spent or returned. Repair and Maintenance monies will be used for mileage costs and operating supplies Will di id nd activity program include office chairs, a room v era bifocal kits. 'i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that 17th day of June, 1987. JOHN J. WILLIAMS, MAYOR I ATTEST: Janet Whelan, City Clerk Approved by Finance: �aQ l6/12/87) a Suggested by: Administration i CITY OF KENAI RESOLUTION No. 87-44 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING JANITORIAL CONTRACTS FOR THE CITY ADMINISTRATION BUILDING, THE AIRPORT TERMINAL BUILDING, THE LIBRARY BUILDING AND THE PUBLIC SAFETY BUILDING FOR THE PERIOD JULY 1, 1987 THROUGH JUNE 30, 1990. WHEREAS, bids were received on May 27, 1987, for the contract years July 1, 1987 through June 30, 1990, per year as follows: BIDDER CITY PUBLIC A MIN, AIRPORT I+IBRARYSAP-STY Frontier Training Ctr. S 8,038.80 $36,351.96 $10,200.00 $10,250.52 --Marlene Kennedy "Cook Inlet Janitorial 7,500.00 NO BID NO BID NO BID 9,841.92 31,536.00 4,680.00 9,841.92 ' Billie Milliron $1100.00 NO BID 9,900.00 NO BID GepCo 10,140.00 NO BID 8,940.00 NO BID - Mike's Janitorial Svc. 9,780.00 33,000.00 11,100.00 10,200.00 Tim's Janitorial 91000.00 29,880.00 9,360.00 9,000.00 Chem -Dry of Kenai 9,712.80 41,208.72 9,600.00 11,045.16 Classic Cleaning 10,200.00 23,400.00 7,200.00 10,200.00 Mat -Co 10,620.00 NO BID 9,600.00 NO BID _ Richard Marek 30,927.60 89,040.12 21,780.00 25,700.40 ` 3C1s Janitorial '--Mizsras NO BID NO BID 9,480.00 7,561.44 11,505.60 33,600.00 1,200.00 8,496.60 Steamway Svcs. D A A Services 10,019.52 37,970.88 14,280.00 11,809.44 Superior Service Co. NO BID NO BID 11,880.00 NO BID 9,712.80 37,796.52 10,400.04 10,200.00 J Klean Rite Q-1 Service 17,280.00 82,404.00 9,852.00 12,516.00 A-1 Janitorial 20,160.00 52,000.00 6,300.00 10,195.20 ' k-' NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, be at the following annual ALASKA, that three year rates: Marlene Kennedy contracts awarded for the cleaning of the City Administration Building for 87,500.00, Mizeras Steasway Services for the cleaning of j the Public Safety Building for $8,496.60, Classia Cleaning for the cleaning of the Airport Terminal for $23,400.00, and Cook Inlet Janitorial Service for the cleaning of the Library !or 84,680.00. J. f,. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June. 1987. _ JOHN-J:-WIhhIANS,- MAYOR- - - - L i i f t s CITY OF KENAI \vd V WfW /A�104IM„ MO RMWO KENAI. mm" Kul TELEPHONE its! -11W June 12, 1987 MEMORANDUM TO: Kenai City Council c �, --�� � FROM: Dana aerstlauer, Administrative Assistant V- "' RE: Resolution No. 87-44 On May 27, 1987, the City of Kenai held the bid opening for the 1987-1990 janitorial contracts for the City Administration Building, the Airport Terminal, the Library Building and the Public Safety Building. After review of the bids, letters of recommendation were requested and received from the lowest bidder on each building. The bids awarded on Resolution No. 87-44 are all to the lowest bidder for each building, with the exception of the bid on the Public Safety Building. In that case, the second lowest bid has been accepted. The low bidder on that building: 3C's Janitorial Service, has had the contract on the Public Safety Building for the past contract period as well as on the City Administration Building and the Library. It has been indicated by the various departments that 3C's Janitorial should not be rehired due to the numerous complaints received about the quality of cleaning. /dg I 0 - - 4WD 3 UNAPPIZOVzo KENAI PARKS & RECREATION COMMISSION Minutes, Regular Meeting Tuesday, June 9, 1987, 7s00 P.M. Held, Kenai City Hall, Council Chambers Presiding: Richard Hultberg,, Chairman ROLL CALL PreAbsent sent Richard Hultberg Roger Seibert (unexcused) Jerry Carlson Marvin Siekawitch (unexcused) Cindy Salazar Jenni Lynn (excused) Dale Sandahl (unexcused) In Attendances Kayo McGillivray, Director, Parke & Recreation Art McComseyr Council Representative No Quorum Present 2. DISCUSSION Discussion was held regarding the agenda with members present. Chairman Hultberg suggested the July meeting be cancelled and should there be a need, a special meeting could be called if necessary. Those present agreed and decided not to meet again until August 11 1987. A telephone poll of those members not present was conducted on June lle 1967 to determine if all members agreed with this decision. commissiners Siekawitchr Seibert and nni Lynn was out of state* Sandahl were in agreement.Je • 3, DIRECTOR'S REPORT Director McGillivray gave a brief report for those present. a. Summer Program. The high school facilities will not be used for the summer Programs this year,, as there is a fee involved. The Director felt they would be able to conduct a facilities. It might -using--the Kenai Rec Center program occasion-becaus e -1 of activities- in ---the create a problem on to conduct some 0 can be made however# arrangements _M1 arrang activities in theatea - -by -the-softball fields, -with--play- ground equipment and the green strip available. �1 KENAI PARKS & RECREATION COMMISSION June 9, 1987 page -2- b. Summer Crew. Director McGillivray explained the crew members and their work duties and projects. c. Update. There is work being done on the fields, also, mowing and fertilizing in the different areas. There will be work to do on the Triangle Park and the Memorial Park when these projects get under way. d. Summer Softball. Three tournaments have been held already this year. There is a Men's Invitational, Pepsi Cola Women's invitational, Women's Class D, Co-ed D State Tournament and the Clarion Tournament scheduled for July. Jesse Owens Games will be held June 27. Councilman McComsey explained since he has become involved in softball, several merchants have thanked the softball association for putting on the tournaments, as they have seen the increase in business, and it was exceptional. e. Project by Eagle Scout. Director McGillivray reported there would be a young man by the name of Jeff Fishback (phonic spelling) working on an Eagle Scout project to earn an award for a badge. This will take place at the Beaver Creek Park. Kenai will provide the camp stove units and Jeff will be installing some of those units and the gravel pads as his project. f. Safety Seminar. Director McGillivray and the shop foreman compiled and conducted a safety seminar this year for the summer crews. g. Seven Year Report. The City Manager has requested a seven year report from all the department heads. Commissioner Salazar asked if they could receive a copy when this is completed. h,- _ -Budget*,- As_ of 5131/87 all three budgeter Parks, Recreation and Beautification are all -in line: -The only area over the budget is utilities in the Rec Center. 4. COMMISSION COMMENTS & QUESTIONS Commissioner Salazar asked if there was some type of policy KENAI PARRS 6 RECREATION COMMISSION June 91 1987 page -3- for hiring instructors. Director McGillivray explained there are no instructors hired. Instructors rent the space and they are charged $10.00 an hour for a group of up to 201 if it's over 20, the charge is fifty cents per head. This has worked very well in the past. Councilman McComsey asked Chairman Hultberg if the committee -o6. meet with reAttle orted ue odo work on they have not he f met iasdyethas -7 KENAI BEAUTIFICATION/MEMORIAL PARK COMMITTEE Minutes, Regular Meeting Held, Kenai City Hall Council Chambers Tuesday, June 9, 1987, 100 p.m. Presiding: Tim Wisniewski, Chairman Present Absent Tim Wisniewski Glen Jackson (excused) Lil Hakkinen Harry Lewis (unexcused) Dewayne Craig Nina Selby Roseanna Shelden { Geraldine Sparks In Attendance: Sally Bailie, Councilwoman Jim Simeroth, Parks a Recreation Representative '.' Notes Committee Member Jackson appeared briefly to advise the committee he would not be able to attend, and invited the committee members to view his choke cherry tree which is now in full bloom. The members expressed interest in this type tree for one of its projects. F. Committee Members discussed and reviewed information received on the banners while waiting for the arrival of Chairman Wisniewski, who indicated he would be arriving a little late. Also discussed was information on landscapers and trees gathered by Councilwoman Bailie. ROLL Six (6) .present and two (2) absent. i' 2. APPROVAL OF AGENDA Trees were added to the agenda under #8. The agenda was approved with the addition. x 3. PERSONS PRESENT SCHEDULED TO BE HEARD t, a., ;;. None. 4. APPROVAL OF MINUTES-- May 2 - — - - -- - Committee Member Sparks wanted the minutes clarified on f page 4, N5. (aft she did not mean to imply the Leif Hansen Memorial Park name should be Kenai Memorial Park. .. ` '4 5r t� ill I KENAI BEAUTIFICATION/MEMORIAL PARK COMMITTEE June 9, 1987 page -2- The minutes were accepted as presented with the correction. 5. OLD BUSINESS a. Memorial Park. Councilwoman Bailie reported she had contacted some landscapers in regards to the planting of the trees and prices. Trinity, in conjunction with Booth Landscaping, with prices as followss $65.00 for planting of trees, cost of trees from $25.00 and $75.00 to $100.00, size from 5 to 6 feet tali, and 3/4 to 1 inch in diameter. Wards was also contacted with prices as follows: $65.00 for planting of trees, cost of trees from $35.00 to $100.00 ($100.00 tree would be exotic type), size would be 1 and 1/2 inches in diameter. Shrubbery would be approximately $35.00 each for planting and cost from $10.00 Lo $30.00. Mr. Ward indicated he is very interested in project and would like to be part of it. Committee Member Sparks contacted several landscapers and was successful in reaching one with interest in this project. Tim's Landscaping recommended trees between 8 and 12 feet tall with prices and types as follows: Recommended would be Birch, Mountain Ash, Spruce, Mayday, Canadian Red Cherry, Choke Cherry and Crab Apple. $25.00 for planting, stake at soil, and fertilizer. Trees are guaranteed for the first year. For Mountain Ash, with 1 inch trunk, 8 feet tall, $41.501 with a quarter inch trunk, $54.501 1 1/2 inch trunk $68.501 1 3/4 inch trunk $76.501 2 inch trunk $62.50 at 12 feet tali. All others are very similar in price. Landscapers. indicated. they. would be milling. to come and -talk with the committee about this project and expressed their interest. Chairman Wisniewski suggested these landscapers be invited to attend future meetings and it was further suggested by 0 ff 0 ., . -� H KENAI BEAUTIPICATION/MEMORIAL PARK COMMITTEE June 9, 1987 i page -3- the committee, they each attend at separate times to feel more comfortable with their presentations. - Tree planting for future use was discussed by the committee members and suggested by Committee Member Craig as something to consider. i Wards will be invited to the next meeting and Tim's will be asked to attend the meeting after next. Councilwoman Bailie asked the committee members what their feelings were regarding a certificate being sent to the family to let them know a tree had been planted in memory of their loved one or friend. This was discussed further by { the committee and all agreed it would be a good idea. . - Chairman Wieniewski asked No. Loper if any contact was made ' with Mark Winston regarding the Airport Triangle Park. Chairman Wieniewski and the committee decided contact does f 1 ' need to be made and information provided to the committee as , to the progress of the Rotary Club with this project. Ms. Loper will contact and ask Mr. Winston to appear at the next - City Council meeting regarding the Airport Triangle Park. I 6_ NEW BUSINESS a. Banners. Banners and information received was discussed and reviewed earlier. - MOTION -- i Committee Member Craig moved to accept the bid from Highflying as submitted. { ` .. The motion was seconded by Committee Member Selby. Discussion Chairman Wieniewski added, for informational purposes, he spoke with a person that recommended Highflying very -highly, and wanted -to suggest ordering a fabric -that will hold up to the sun, that holes for ventilation are { .=-'=-----------= - - --added, and -to have the -edges -sewn sa- that --it- doesn't-Iray.- in - A_ M r) KENAI BEAUTIFICATION/MEMORIAL PARK COMMITTEE >> June 9, 1987 page -4- Ms. Loper talked to a person from Highflying by phone and indicated the letter presented to the committee represents materials that are felt can be guaranteed for five years and perfect.for conditions in Kenai, considering they will be up for three to four years. ` Chairman Wisniewski would like to make sure designs C submitted by students, and the school, are acknowledged for their participation. Chairman called for the vote. The motion passed by unanimous consent. 7. PARKS & RECREATION REPORT r Mr. Simeroth reported the crews were working on the circle planters and are mostly planted with petunias. Flower boxes will be ready by next Monday or Tuesday. areas is being mowed and a couple of trees are being replaced. Ordering trees in bulk was discussed. Sidewalks will be swept tonight, if the weather holds. li Councilwoman Bailie explained the council authorised the purchase of a sweeper attachment to fit on the front of a front end loader for sidewalk sweeping. This will be available, possibly for next year. � Edging was discussed and dandelion control, with different 9 9 methods of taking care of these problems. Chairman Wisniewski asked about the maintenanceof o fthe outhouses and thought this should be taken care n a } daily basis. It was felt this would reflect on the _ { reputation of the City, and would like the City of Kenai to be known for its sanitary conditions to encourage tourism ,f and use of the parks and beaches. '. Crews were discussed by the committee and Mr. Simeroth. The City of Kenai sigh and the need- for some color n-- the -- way of flowers, foliage or planter boxes was mentioned and - - brought into discussion by Chairman Wisniewski.--- -Some- kind - - - - - - - ---- -- - •i ' of arrangement was greatly needed to enhance this area. m_ KENAI BEAUTIFICATION/MEMORIAL PARK COMMITTEE _._ June 9, 1987 page -5- committee Member Hakkinen asked about the seats around the circles and would like to see them removed. The condition of the seats and their appearance was discussed by the - - - - = committee and the general consensus was to have them removed. Mr. Simeroth will have them removed. The type of flowers in the circles were mentioned and there was some concern regarding the visibility of the Alyssum. The work being done at the cemetery was explained by Mr. Simeroth. Committee Member Sparks indicated the street sign on Main Street Loop needs to be corrected. The spelling of street is incorrect. ,. 8. COMMITTEE COMMENTS & QUESTIONS Chairman Wisniewski asked if there was anything else regarding the matter of the Leif Hansen Memorial Park name. There was discussion with the committee in full support of the park being named Leif Hansen Memorial Park and considered this issue closed. .;I 9. ADJOURNMENT The meeting was adjourned at 2:45 p.m. I . _l `T T CITY OF KENAI „ail e� 0j 41 Ito �ta►�oo tce�u►t, �ue�u► �» TRLEPNONlt �� • 76a6 NOTICE OF WORK SESSION The council of the City of Kenai will be holding a work session with the Economic Development Committee on Thursday, June 18. 1987 at 7t00 P.M. in the Council chambers. • To be discussedt Establishing an Economic Development Commission All aaaaiann are open to the public. —�C, --r—.sir.-+__. •- 1 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 3, 1987 - 700 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda - *All items listed with an asterisk M are considered to be routine and non -controversial by - the Council and will be approved by one motion. Theie will be no separate discussion of these items >inless 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 __ :.... . . .:..... r. orders. ._ B. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Dave/Mary Anderson - Cook Inlet View Dr. - Sewer Hook -Ups 2. Dick Morgan - Golf Course C. PUBLIC HEARINGS 1. Ordinance 1211-87 - Adopting Annual Budget, FY 67-88 2. Ordinance 1212-87 - Amending Kenai Municipal Code 23 - Allow Employment of Persons not U.S. Citizens but Otherwise Eligible to Work 1= 3. Ordinance 1213-87 - Amending Zoning Map - Dena'Ina Pt. S/D 4. Ordinance 1214-87 - Amending Zoning Map - Thompson S/D, Henderson Replat 5. Ordinance 1216-87 - Amending Kenai Municipal R Code 17 - Disposal of Waste Materials ,... 6. Resolution 87-25 - Fixing Rate of Property Tax Levy - FY 87-88 - 2.7 Mills 7. Resolution 87-34 - Assessment Roll - Inlet Woods i 8. S/D Resolution 87-35 - Awarding Contract - ; Construction, Juliussen, Ames, Basin View, Angler, Barabara - Oetco - $475,788.10 j: 9. Resolution 87-36 - Prior Council Approval for ----- -- --- - --------a-- Travel- -&- -Entertainment by-Emplayees -or. -Elected officials, Prerequisite for Reimbursement D. COMMISSION/COMMITTEE REPORTS 1. Planning & Zoning 0 2. Harbor Commission 3. Recreation Commission 4. Library Commission - 5. Council on Aging 6. Airport Commission 7. Misc. Comm/Comm E. MINUTES 1. *Regular Meeting, May 20, 1987 2. *Special Meeting, May 22, 1987 3. *Special Meeting, May 27, 1987 F. CORRESPONDENCE 1. *Sen. Murkowski - Air Guard Wing 2. *Natl. League of Cities - Report 3. *Rep. Navarre - Closure of Legislative Information Office 4. *Rep. Swackhammer - Closure of Legislative Information Office . 5. *Sen. Stevens - Air Guard Wing • G. OLD BUSINESS H. NEW BUSINESS " 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 1215-87 - Rescind Ord. 870-83 - Public Easement - Candlelight Dr. Ext. 4. *Ordinance 1219-87 - Recreational Vehicle Ordinance 5. *Ordinance 1218 - 87 - Increasing Rev/Appns - Senior Day Care Fund - $1,850 _ 6. *Ordinance 1217 - 87 - Increasing Rev/Appns - Senior Citizens, Title III Fund - $2,600 ` 7. Discussion - Kenai Borough - Examine Alternative Sources to Current Revenue Means within Borough - . Task Force, Representative from City 8. Discussion - Health Insurance (Move to C-1, Requested by Finance Dept.) - 9. Delete - - - 10. Assignment of Lease - Uptown Motel 11. Discussion - Community Schools Agreement I. ADMINISTRATION REPORTS 4 1. City Manager -- -- ----- -- -. ,- 20 Attorney 3. Mayor 4, -- City-Clerk--- 5. Finance Director 6. Public Works Director 0 7. Airport Manager nwnc^mc nurammlr NnT seHEDULED To BE HEARD KENAI CITY COUNCIL - REGULAR MEETING - MINUTES JUNE 3, 1967 - 700 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Prosentt Sally Bailie, Art MCComsey, Ray Measles, Chris Monfor, John Wise, John Williams Absentt Tom Ackerly (excused) Mayor Williams recognised Howard Beck, Eagle Scout candidate, in the audience. A-1 Agenda Approval a. Mayor Williams asked that item 9-2 (Dick Morgan) be deleted. b. Mayor Williams asked that item H-S (Health insurance) and H-11 (Community Schools) be placed before item C-1 (FY Budget). o. Mayor Williams noted item C-8 (Res. 87-35), the name is Oteco. d. Mayor Williams asked that item C-9 (Res. 87-36) be added to the June 8 work session. e. Mayor Williams said items E-2 and E-3 (minutes) were distributed this date and can be removed from the Consent Agenda if Council wishes. f. Mayor Williams asked that item H-3 (Ord. 1215-07) be added to the Consent Agenda. Councilman wise objected to placing item H-3 on the Consent Agenda. Mayor Williams explained, there is no public hearing this date. The City is in litigation regarding this, there should not be a discussion. g. mayor Williams easked that item H-4 (Ord. 1219-87) be h. Mayor Williams said item H-6 (Ord. 1217-87) has mechanical corrections that will be made before public hearing June 17. Councilman Measles objected to removal of item C-9 (Res. 67-36) from the agenda. Council approved the agenda as amended. A-2 Consent Agenda MOTIONt councilman Wise moved, seconded by Councilwoman Bailie, to approve the agenda as amended. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Dave/Mary Anderson - Cook Inlet View Dr. - Sewer Hook -Ups Dave Anderson, 2813 Cook Inlet View Dr., Kenai. 4 ._weeks ago. he. tried to hook into the City sewer system. Wh the du out for the sewer line they found the -- - - en Y g sower line was too high to hook up to. Mrs. Anderson Dilihe told her talked to Publiq_Worms- roctor Korttes, 0 } - - - -c KENAI-CITY-COUNCIL ' JUNE 3, 1987 - PAGE 2 _ there was nothing they could do about it. The contractor said in order to hook up, they would have to 11� have a lift. He contacted an attorney who said they could fight this thing to get the City to pay for it. to dig up the it would cost several thousand dollars _ : street. He asked that the City pay for the lift. There is a City ordinance that says if the sewer line is -available, they have to hook up. If the line had in it would only cost them $1,400.rj I been put correctly, to $2,000. It is the city's responsibility to make up - ' - the difference. They don't mind paying for the electricity and maintenance. Councilman Wise suggested this be discussed at the June 8 work session. He asked i if there were any other property owners involved. Mr. end of the -" - - - Kornelis explained, the Andersons are at -the line. They have a lower level in their 4-plex, below street level. There is a drainage problem. They are the highest end of the line. He did not think there at was an engineering error. The only alternative is a ` lift station. it would be cheaper to have an individual residential pump station. it has been done _.-_.. in the City before. Councilman McComsey noted he has _ the same problem. Council agreed to add the item to the work session. I Mr. Anderson said he is approximately tal4-plex toards him, where the sewer begins. There next feels it will be affected. Atty. Rogers l the contractor noted he has not been contacted by Mr. Anderson's _...- -. attorney. Mr. Anderson explained he has not made a Briresidenceson is claim. City Manager lineMr, check the other ontheseeohowlmany f problem areas there are. ! s C. PUBLIC HEARINGS H-8 Disc. - Health Insurance I Mayor Williams reviewed Finance Director Brown's memo. ' He noted the suggested plan is within the budget. At a .:. ` base of 73 employees it would be $314 per month per With 9 part-time employees, it will work out + . _........ employee. to $280 per month per employee. is is mid -range of is $100 deductible. Councilwoman Monfor said she j ` all, preferred the $200 deductible. The difference between I is $275,000 and $2620000 is a savings that warrants the Councilman Wise said the savings would ; •' - } higher cost. mean $13 per employee per month. Councilman Measles health ----- -�- -- - --- -- �; said he -agreed- with-CounaSlv�oman. Monfor, most to a larger deduction and or- :.—. -- insurance plans have gone larger pY�mums . Mayor Williams noted it would be $600 --- - --- -- i - - 20%corzthe ofirst - - - - - - --- explainedy,,theOe ployeeipays thenfirst t t I k '. . KENAI CITY COUNCIL JUNE 3, 1987 PAGE 3 $3,000 per family members, it is not capped at 3 people. Mayor Williams noted the City employees have gone 2 years without a raise. There has been an adjustment on the retirement schedule for a greater cost to the employee. We are trying to hold costs when we can, but he believed we can give them the benefit of $13 per month premium. MOTION: Councilwoman Monfor moved, seconded by Councilwoman Bailie, to adopt the Blue Cross plan $7 with $200 deductible for 1987/88 year. VOTE (Passed): yes: Bailie, McComsey, Measles, Monfor, Wise No: Williams H-11 Disc. - Community Schools Agreement Mayor Williams noted a new agreement was distributed this date. MOTION: Councilwoman Monfor moved, seconded by Councilwoman Bailie, to donate $22,000 to the Community School Program, Kenai Schocl bistrict, on the basis that they received their funding from the State. Councilwoman Monfor added, if they do not receive their funding, we will not donate. It will be good for one year. Councilman Wise asked, what about the revenue generated during operation of the program? The plan was that the revenue would accrue to the City. If it is operated by the School District, the revenue would go to the School District. Councilwoman Monfor replied the revenue would go to the School District, but it will make money for the City and pay for itself. PUBLIC COMMENT: Dave McCard, Community Schools. In the past each site has had its own student activity account. The user fees go into this account. The moneys generated there stay -there, - What is raised in -Kenai -will be expended.. in Kenai, he guarantees that. Mayor Williams asked if there will be a public hearing. Councilwoman Monfor replied, it will be in the budget that there will be a public hearing. City Manager Brighton asked, was this an amendment to the budget? x a ryac•+�s-ter c�c•++'�--r"'`�'�-3 , r 7� r KENAI CITY COUNCIL - JUNE 3, 1987 PAGE 4 I Councilwoman Monfor replied, it is going to be. Mr. Brighton noted the $22,000 will have to be appropriated from the fund balance. Finance Director Brown suggested, the motion should be made at the time the i ordinance is brought up, as an amendment to the ordinance. MOTION, Withdraw: - Councilwoman Monfor, with consent of second, withdrew her motion. - -- - - - C-1 Ord. 1211-87 - Adopting Annual Budget, FY 87/88 Mayor Williams reviewed the budget figures, a total of • $5,577,549 with $200,000 Li capital reserves. ;1 MOTION: 1 Councilwoman Monfor moved, seconded by Councilman Measles, to adopt the ordinance. Mayor Williams reviewed Finance Director Brown's memo regarding changes in the preliminary budget. MOTION, Amendment: Councilwoman Monfor moved, seconded by Councilwoman Bailie, to add $22,000 for an appropriation to Kenai Peninsula School District for Community Schools in the City of Kenai contingent on their receiving their money from the State; from the general fund operating budget. 4 vOTE, Amendment (Failed): Yes: Bailie, Measles, Monfor i No: McComsey, Wise, Williams �:. Tie vote fails. MOTION, Amendment: ` Councilwoman Monfor moved, seconded by Councilwoman Bailie, to increase non -departmental utilities $10,000 to Senior Center, utilities. Councilwoman Monfor explained, we don't know the amount ---_----- - -- - --- - of -.grants coming. in -to. the.- Senior Center, _hut they_ will _ be less. The Senior Center is the only building we do -- _ not- pay- for. _ Councilman Wise said, only if it were agreed that as State and Borough funding moneys come available, the funds will be transferred to cover this. It should not be non -departmental. Mayor Williams suggested a letter of intent. Finance Director Brown J e ,I �, KENAI CITY COUNCIL JUNE 3, 1987 PAGE 5 said we are increasing the general fund budget. We can i bring an ordiannce back later if needed. City Manager Brighton asked Councilwoman Monfor if she thought there would be a $10,000 shortfall. Answer - no. Mr. Brighton noted in the past we have operated on the basis that this will be self-supporting. Councilwommn Bailie said the Center served 988 seniors in 1985, it l is up this year. it costs $6,000 per day for an i individual at the Soldotna senior day care center, it costs $81,000 for 12-13 seniors at the Forget -me -Not ` center in Kenai. Councilman Wise said the relation between Heritage House and our Senior Center is not r relevant. Councilwoman Bailie said we are getting more frail people in the community. Councilman Wise noted - it is trick of "big brother" to start a program and localive it to the governmentib causethen weudoin tdwant.t They thedevour - - program. VOTE, Amendments Motion passed unanimously by roll call vote. MOTION, Amendments Councilwoman Monfor moved, seconded by Councilwoman_ Bailie, to take $2,000 from general fund for Senior Citizen transportation that has no transportation money., Councilwoman Monfor explained, this is so the Director can go to proPocket- leader's meetings, etc. and not have to pay out pocket. Every department nas money for meetings, this one does not. It is important to keep up with important utoikeep up�with new lthings woman Bfor ithe elderly.e added,, it is VOTE, Amendments Moti.on passed unanimously by roll call vote. MOTION, Amendments Councilwoman Bailie moved, seconded by Councilwoman ,. Monfor, to delete $20,000 from the budget in travel for commissions; Economic Development, Harbor Commission, {.: Airport. Counc.woman-Bailie explained, we have $24,000 available in the Legislative budget -that -can used- y - ----- Commissions and Council. That does not include department budgets: - Other -commissis�ns- do not -haves at _ -- - ---------------.------..---------- .� discussing much. Councilman Wise said, in • r {fp 14 l . 4� - KENAI CITY COUNCIL - JUNE 3, 1987 PAGE 6 appropriations, this was to re -ignite growth of the City. it is subject to review by Administration. We need funds to bring in activity such as tourism, airport activity. Councilwoman Bailie said commerce, she is in support of economic development, but we do :i not have to support $44,000 in travel. Mayor Williams noted during the June 8 work session, we will be looking at the Economic Development Committee. We spent $1.5 Million in FSS to develop the City. VOTE, Amendment (Failed): yes: Bailie No: McComsey, Measles, Monfor, Wise, Williams PUBLIC COMMENT: j a. Ruby Coyle, Barabara Dr., Kenai. She asked what the mill levy will be. Answer - 2.7 mills. She j commended the City for leaving the mill rate as - is. Councilman Wise suggested Administration point out the sources of funding by category. Finance Director Brown i replied: i $5.7 Million General Fund 700,000 Fund Balance 678,000 Real Property 107,000 Personal Property 24,000 oil Taxes t 10750 Million Sales Tax 325,000 State Revenue Sharing ' 630,000 Municipal Assistance 150,000 Fish Tax . 805,000 Interest investment 60,000 Recreation Transferred from other funds - $200,000 Councilman Wise asked, what percentage of the $5.7 - 30%, 14% is Million budget is from sales tax? Answer personal and real estate. Councilman Wise noted a small percentage is property tax. Councilwoman Bailie . said, without the Community Schools program, the City will have to pay user fees in the schools. We could delete duplicated programs (with Community Schools program), but we will not get anything from the , additional $18,000 we will have to pay for user fees. , d of have Councilman Wise said, a) It oes n - ---- - —�' Administration --support: b)--There -was -no-integration_ "I. with the summer recreation program. c) Salaries and — --- --- ---- - -—� - - - benefits --would -be tied --to -school_ programs . d) Where would the user fees go and how would this be handled? He suggested this could be discussed and have a IN KENAI CITY COUNCIL DUNE 3, 1987 PAGE 7 supplemental, appropriation at a later date. Mayor r Williams noted we may have to come back for adjustments. Councilman Wise said anticipated revenue from State Revenue Sharing and Municipal Assistance are j based on the Governor's proposal and may change. He has a problem with lack of a proper maintenance probudget etforMayor m intenance,slasted we year wevhad191*000 $9,in the 000. VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. C-2 Ord. 1212-87 - Amend. KMC 23 - Allow Employment of Persons not U.S. Citizens but otherwise Eligible to Work MOTION: Councilwoman Monfor moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-3 Ord. 1213-87 - Amending Zoning Map - Dena'Ina Pt. S/D� MOTION: Councilwoman Monfor moved, seconded by Councilwoman Bailie, to adopt the ordinance. PUBLIC CO1 VIMT: a. Sam McLane, McLane & Assoc., Kenai, representing the owner. He has requested conditional approval based on filing of final plat. The land is platted now. He plans to go with a commercial configuration. They have changed roads, but they match up on the perimeter. Because of the reconfiguration, it will mean vacation of existing plats, etc. If it is approved, the vacation request will be submitted. They eliminated some roads, access points are the same. When the blocks are replatted, the setbacks will be vacated and replaced. Screen easements will be dedicated on the same plat. Traffic flow is separate from residential. Not all the property will be rezoned.—This.zoning request does not agree with the existing Comprehensive Plan or the propose Comprehensive Plan. There is at present 310 acres (107$) of General Comrercial- area .- The-. -- - �; �.a::eaensive Plan encouawges. development in the L 1 rl KENAI*CITY COUNt.ia. :UNE�3 -a581. .. . PAGE 8 7-an0 0 0 ff central area and discourages strip development. In 1980 116 acres of 340 acres zoned were developed, in 5 years many areas have been built on, removing vacant land. None of the available land is on the bluff or river. "West Kenai" is residential. There is much vacant residential area. The closed out land fill will be a perpetual green area. When fully developed, it will support 26,000 people, 8,000 units of housing. The proposed Comprehensive Plan figures "West Kenai" at 4,000 people by 1990. His proposal is to encourage development and enhance tourism. There is a lack of commercial property in down town and an excess of residential. There are no residences in Section 36 except a small f corner for a church. The highway and Inlet converge there, making it a natural break in y Redoubt Ave. There is some recreation, some green ` belt and some Borough green area. We have an I opportunity to provide commercial property without displacing residential. Councilwoman Monfor said when we first put Section 36 up for sale, we agreed it would be residential. Her concerns are: a) She did not want strip development. b) Who is to say they will not build a plant of some sort there. We do not have a say when it is privately owned. c) She noted a 'For Sale' sign there recently. Councilman Wise replied that is north of there. Mr. McLane explained, it is hard to ' build an ideal city with economic ups & downs. Where is commercial development into the year 2000? The City has a good idea with the landscape ordinance, it will save some of the existing i vegetation. Ccunciwoman Bailie asked, what do I adjacent owners say? Have they been notified? Mr. McLane replied, letters were sent out to the owners within 300 ft. There were no objections. Councilwoman Bailie asked, will this be a restaurant? If it is privately owned, we cannot tell them what to put there. Mr. McLane replied, when you get into things that stray too far, you get into conditional use permits. He used the (j hotel as an example to show size. Councilwoman Monfor said if this.is zoned commercial, they will have wonderful plans, wipe out the vegetation and it will sit for a long time. Mayor Williams noted f P&Z approved this. Councilwoman Bailie asked, ` what if other owners want it rezoned? We cannot 1 lose sight of the fact that we are not just looking at today-. - - Mayor -Williams noted- we do havesite planning powers. Councilman Wise said, the -contract. -for--sa-le of -this -land-to -the- buyer- does - -- -- _ -- . --- -- _-- _-.- ------ _.----.- not provide for deeds of release. it will be 100% paid off. Atty. Rogers disagreed, noting he is tg KENAI CITY COUNCIL - - - - DUNE 3, 1987 PAGE 9 assuming that there would be a request for partial release. That is not an impediment. Councilman wise said this was asked for by the high bidder and we said he could not. Atty. Rogers replied he could not remember. Councilman wise said if it is replatted and any re-allignments are made, you are ' changing the context of the original agreement. The property is now rezoned residential and valued as that. The value will double if it is rezoned. Mayor Williams asked Mr. McLane if he had any development plan in mind for any business. Answer ' - no. Mayor Williams asked if a delay would hinder him. Answer - no. Mr. McLane said he disagreed with the the problem of the replat. We are not talking about release clauses. The City --= --` - - - = would have to sign the plat. We are talking about = vacating existing rights -of -way, not transfer. Mayor Williams asked if there should be a reviiw before passing. Atty. Rogers replied he had no problem. If they request partial release, there would be an issue brought to Council for review. Councilman Measles asked if the preliminary engineering was done on all as a unit. Answer - yes. Councilman Measles asked, will these changes have any effect? Public Works Director Kornelis - replied no, they do not have a full set of drawings. If they go in and re -vacate, there is something in the books that if they re -plat, the preliminary plat can go through, but improvements have to be done before the final goes through. Atty. Rogers noted that is their problem. City Manager Brighton reviewed - the presentation was thorough, it is a logical procedure to accept, there is a.tremendous amount of real estate left for development, it does not do damage to the road or the new Comprehensive Plan. VOTE (Passed): ' Yes: Bailie, McComsey, Measles, Monfor, Williams " - No: Wise C-4 Ord. 1214-87 - Amending Zoning Map - Thompson S/D, Henderson Replat .a MOTION: Councilwoman Bailie moved, seconded by Councilwoman Monfor, to adopt the ordinance. --There was no public comment. .Motion passed unanimously by roll call vote. . t i i i' :f�k KENAI CITY COUNCIL I JUNE 3, 1987 I PAGE 10 C-5 Ord. 1216-87 - Amending KMC 17 - Disposal of Waste i Materials MOTION: Councilwoman Bailie moved, seconded by Councilman Measles, to adopt the ordinance. PUBLIC COMMENT: a. Mary Sisson, Sterling. She lives 3 miles from the Sterling waste site. She objected to the ordinance. Mayor Williams explained, the ordinance only permits intergovernmental action. There is no action to do any of the things she is talking about. No. Sisson noted this gives the City the right to do these things. She did not feel the City sewer system should become the dump for possible tainted or contaminated waters. Mayor Williams explained, there will be a hearing if we enter into an agreement to take from any other government agency. Ms. Sisson said she was at the meeting when this was discussed. It was called a special waste site, no part was called hazardous. It is a site used by 34 documented industrial units in the Borough. The old Moose River drainage system is there. The concern has always been that something may leave the site. She cannot -understand how they can take that water after reviewing DEC studies, and and dispose of r it in the city sewer system. A 1982 study said wastes of unknown substance were deposited. The s oil companies have deposited there. A DEC report in 1983 said toxic chemicals were found there. In a test for pesticides, DEC had a problem. Heavy metals were in large concentration. There are 12 acres set aside for ponds. The monitoring well is 4 ft. in the ground, it is broken off. There has been run-off in the area. DEC has been testing wells in the area, they have found barium and zinc. In looking at tests, the Ph in two of the wells is not good. Because 3PA tests had a problem, she thought it would behoove the Borough to devise a cleaning system to clean water, test for all substances, then put it in a field or say it is good enough. She did not feel it was tested enough. Councilwoman Bailie asked about the "Super Fund." Ms. Sisson replied, EPA investigated, they did not think there was a great - It -may -have -happened -in- -the past, but if the stuff was not continued to be put in there, C- - there- was no threat._ Im 1 KENAI CITY COUNCIL JUNE 3, 1987 PAGE 11 b. Loretta Breeden, 1602 Barabara, Kenai. She asked Council not to approve an integrated agreement regarding this. This is the first step to dumping in our sewers. She has asked Council to instigate a toxic and hazardous waste substances ordinance. We should have that before we pass this. What are you putting in our sewers? How will this affect the fishing industry? is our sewer plant big enough to handle this? will it affect the tide flats? What effect will it have on wild life? What kind of products will be flowing out? c. Vesta Leigh, Kenai. We need to study more than the people from Anchorage have, They did not test for acidity. if there is damage done, can you go back to the Borough for them to pay? She would have to pay for it whether the City or the Borough does it. What about the transportation here? There are accidents, spills and stupidity. Some of the lab work went for 283 days with a 14 day life. We need an ordinance for transportatiog hazardous wastes. it opens up a lot if the military comes down here. There is nobody to follow up on this. What is the Borough doing with EPA requirements? d. Bill Conyers, Kenai Peninsula Borough Engineer. Before any government can discharge wastes, it requires an EPA variance. He will submit the plan, there will be appropriate tests. The "Super Fund" is used to clean up hazardous waste sites. EPA states this is not hazardous waste and is not available for "Super Funds." Councilman Measles said we do not need to get into regulating waste material. The Federal and State governments have regulations. There are transportation regulations. The City does not have the expertise and should not get into this. Also, this does not address the Sterling waste site, just from other government agencies. it could also be for the Soldotna sewage plant. it would take 45 days for us to help them out if they needed help, it could not be called an emergency because Kenai would not have an emergency. Councilman Wise suggested the material should be analyzed. If the material is safe, we need to accommodate the Borough because we are a part of the Borough. if the Borough has to do this another way, it will cost the taxpayers more. - PUBLIC COMMENTS a. _ - Sam McLane,_ BoroughAssembly. He is chairman of the Borough Public Works Committee. --They -are - _ - - - — AD _ - ki with Borough Administration on this. The wor ng Assembly tabled a motion regarding additional L KENAI CITY COUNCIL DUNE 3, 1987 PAGE 12 (` funding till they reviewed this. The other pits there just have water in them. He had a geochemist look at this. After going into it, he found a lot could be disposed of in a cost-effective manner. For EPA to agree, many tests will have to be made. The stuff at the bottom and muds will be handled differently. MOTION, Amendment: Councilman Wise moved, seconded by Councilman McComsey, to amend the ordinance, 17.30.080, line 3, after the word "may," add the words, "upon approval of Council." VOTE, Amendment: Motion passed by unanimous consent. PUBLIC COMMENT: a. Vesta Leigh, Kenai. If the City takes the material from the Sterling waste site, will it have to come back to Council? Answer - yes. b. Mary Sisson, Sterling. Does this mean if Unocal has a turnaround, they can bring their waste water in the City? Mayor Williams replied, this is for -- -" intergovernmental only. VOTE (Passed): Yes: McComsey, Measles, Wise, Williams No: Bailie, Monfor C-6 Res. 87-25 - Fixing Rate of Property Tax Levy - FY 87/88 - 2.7 Mills " V •f Mayor Williams explained 2.7 mills is $270 tax for � $100,000 evaluation. l MOTION: {' Councilwoman Monfor moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Councilman Wise asked if the rate was for real and personal property. Answer - yes. a Motion passed by unanimous consent. ; --- - -- -- -- -- -" - - - - C-7 Res. 87-34 = Assessment Roll - -Inlet Moods -S/g -- ,-- MOTION: { KENAI CITY COUNCIL -- - -- JUJNE 3, 1987 PAGE 13 Councilwoman Bailie moved, seconded by Councilman McComsey, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-8 Res. 67-35 - Awarding Contract - Construction - Juliussen, Ames, Basin View, Angler, Barabara - Oteco - $475,788.10 MOTION: Councilman Measles moved, seconded by Councilman Wise, to adopt the resolution. MOTION, Amendment: Councilwoman Bailie moved, seconded by Councilwoman Monfor, to delete Barabara Dr. ($69,000+) per the conversation several months ago. Councilwoman Bailie stated we will not have additional road moneys available. There is no reason why this road has to be done. One family will have to move their septic system. Councilman Wise asked, what has been the appropriation for construction for this project? Finance Director Brown replied, $608,000; there is $132,000 left in. Councilman Wise asked if s this was based on the shortened appropration from Gov. ;r Sheffield's action? Mr. Brown replied, $1.1 Million was appropriated, $385,000 was received. Mayor Williams noted, in addition to the funds available, there is now $840,000 additional available. City • "' Manager Brighton explained, we received notice of this f June 2. Fairbanks had a law suit, the State lost. The Governor released all Capital Improvement moneys from the last Legislative session. Public Works Director Kornelis explained, this design was based on a compromise in a meeting with the residents. It will stop at the Hett property. One property owner with a R.. sewer --system in the right-of-way will be affected. Ownership on this is not local. Mayor Williams asked if there was anyone affected by this ordinance that does not want the improvements? ' Joan Hett, 1507 Barabara, Kenai. She did not think it j would be an improvement. They are not graded now, it will still be a gravel road. She said she appreciated the amendment and would like Councilwoman Bailie to ---.--,>---._-------------- stand by- it.-- --Mayor Williams. asked -if .-the City_ would we do now. maintain the road. Mr. Kornelis replied, --------- --- VOTE, Amendment (Passed): --- - KENAI CITY COUNCIL JUNE 3, 1987 PAGE 14 Yes: Bailie, McComsey, Measles, Mon£or No: Wise, Williams VOTE, Main Motion as Amended (Passed): Yes: Bailie, McComsey, Measles, Monfort Wise No: Williams PUBLIC COMMENT: a. Ruby Coyle, Barabara Dr., Kenai. The City has just effectively killed any easement they have on Barabara Dr. given to the City by the Coyles. The road will be closed on Coyle property on the other side of the line. MOTION, Reconsideration: Councilman Measles moved, seconded by Councilwoman Monfort to reconsider the action on Res. 87-35. Councilwoman Bailie explained, we are at the point where we have to practice restraints. We have a road where a majority of the people do not want improvements. Mayor Williams said Public Works worked out the kinks in this. The majority of the residents were in agreement the road could be built. Mrs. Hett explained, the night we met here, we agreed. But that was after the vote was taken that the work would be done. We had to compromise. Public Works Director Kornelis added, the street foreman and he felt the road needs improvement. Loretta Breeden, Barabara Dr., Kenai. She asked that the City advise the post office to put the mail box at the cul de sac. They have been asked not to turn around at Coyle's driveway. Councilwoman Monfor explained, her reason for taking Barabara off is that there are other roads that need it more. VOTE, Amendment (Passed): Yes: Bailie, McComsey, Measles, Monfor ' No: Wise, Williams 4.. ` VOTE,. Main, Notion asAmended(Passed): Yes: Bailie, McComsey, Measles, Monfort Wise - - - - NO: -Will etas - -- 'i c�. L KENAI CITY COUNCIL ,r+ JUNE 3, 1987 PAGE 15 Ruby Coyle, Barabara Dr., Kenai. If the money was appropriated, the design was done, Barabara was included in the Capital Improvement list to the Legislature. Will the City get in trouble by deleting it? City Manager Brighton replied he did not think so, the grant was based on $1.1 Million for funds. There were no specifics in the grant. Mrs. Coyle said the list included Barabara. Mr. Brighton explained, there were many streets on the requst. A lot of them were prioritized N1 to $6. The grant specified $1.1 Million for road work. C-9 Res.- 87-36-- Prior Council Approval for Travel & Entertainment by Employees or Elected Officials, Prerequisite for Reimbursement MOTION: Councilman Measles moved, seconded by Councilwoman } Sailie, to adopt the resolution. �f There was no public comment. ' S - MOTION, Amendment: Councilman Wise moved, seconded by Councilwoman Monfor, to amend the resolution by adding "appointed officials" in the heading, the 4th WHEREAS, the 5th WHEREAS, and the NOW THEREFORE paragraphs. Motion passed by unanimous consent. • Councilman Measles said we seem to be putting more an more money into the travel budget. Everything is more above board if approved by Council before travel takes place. Councilwoman Monfor added, this takes the responsibility off the City Manager that should be Council responsibility, especially commission members and elected officials. Atty. Rogers noted the majority as addressed is the majority of those voting, unanimous is those attending and voting. Councilwoman Monfor asked if thins could be handled by telephone poll in case of emergency. Atty. Rogers replied yes, this would be prior approval. If it was not approved, one would travel at their own peril and pay with.their own funds. Councilman Wise noted a resolution can be nullified at any meeting of Council. Any 4 members can pass another resolution. It does not have the base in is law of an ordinance. Atty. Rogers replied, it does till it is rescinded. You can rescind an ordinance in t the same way as a-reaolution, it is a longer time-- !; frame. Mayor Williams noted this was not suggested by ------- - --- ---- - Administration, -but-by Council.--Atty.--Roger-s-noted- e - -- had no problem with it. Mayor Williams suggested it L l KENAI CITY COUNCIL - - - JUNE 3, 1987 PAGE 16 not be by unanimous vote. Councilman Wise said there � ,•�+�,. are times when there are expenditures by the Mayor & chief executive in performance of their duties, It means if we go to AML and we don't authorize by vote to buy drinks, etc., we will not be reimbursed. Councilwoman Monfor noted we will approve ahead of time for AML. _-. . MOTION: r. Councilwoman Monfor moved, seconded by Councilman Wise, . to amend the resolution, the NOW THEREFORE paragraph, & line 6 & 7, delete the words "a majority of"; line 711 - -r - 8, add "a" after "by" and delete the word "unanimous. VOTE, Amendment: Motion passed by unanimous consent. Mayor Williams said we are mixing travel and i entertainment. He has advised Council of any trips he f has taken. The entertainment portion concerns him. The Mayor is head of the government for ceremonial purposes. Should dignitaries be on the scene and previous acquaintances, the Mayor is obligated to - 31 entertain. When the Japanese consul visited, we 1: welcomed him and took him to lunch. The tab was $114. ' If he were required to contact Council for lunches, there would be dignitaries not taken to lunch. He goes to Chamber of Commerce lunches with people such as ? dignitaries, honorees, etc. He picks up the tab. He is not objecting to travel, but to entertainment. i Councilman Measles said this does not prohibit that. ! He or Mr. Brighton could ask for an amount of some number. if approved, it could be theirs. Councilwoman Monfor said her problem is with Council, commission j members and other appointed officials having carte -- ' blanche. She did not think it was abused. Atty. ; Rogers noted, this only pertains to travel outside of the 3rd Judicial District. There are instances having to get to Anchorage in a hurry. Travel to Juneau would - require prior approval. But we cannot spend money in . Anchorage for entertainment. if we exceed per diem, it is on -us. j� VOTE, Main Motion as Amended (Passed): Yes: Bailie, McComsey, Measles, Monfor, Williams Nos Wise Councilwoman Monfor suggested giving the Mayor an - - - -- amount of money. She asked Finance -Director- Brown how - - - - - --- - - -- to handle this. Mr. Brown replied, a monthly amount ^ for entertainent only. Councilman Measles said all i [ l _i KENAI CITY COUNCIL JUNE 3, 1987 PAGE 17 this does is, without something in there, there is nothing to keep any commission member, Council member or employee form taking a +-*:ip and turning in an expense report. On what grounds can Finance Director Brown refuse? MOTION: Councilwoman Monfor moved, seconded by Councilwoman Bailie, to allow the Mayor and City Manager up to $500 per month for entertainment. Motion passed by unanimous consent. D. COMMISSION/COMMITTEE REPORTS D-1 Planning & Zoning None D-2 Harbor Commission Harbor Comm. Chairman Quesnel reported as of now, the dock is on schedule plus 2 days. They had to move the dock master's office closer to the edge for more room. We should be on schedule by the end of July. They had a meeting June 2. They reviewed the rate schedule. They are looking forward to paying their own way. They put out bids on 2 occasions for the dock leases, no firm has bid. A couple of proposals are being mailed to us. D-3 Recreation Commission None D-4 Library Commission Library Comm. Chairman Swarner reported they had a meeting June 2. They approved the budget, more money ,..� is needed for books. The summer reading program starts June 8, Story Hour starts June il, Pre -School Story - --- -- _ Hour is continuing. They had 33 volunteers put in 533 - hours in May. That is the equivalent of 3 full time i employees. D-5 Council on Aging Project Director Porter reported the wagon is ready to go. D-b-- Airport -Commission - -- - - -- - 11 L r KENAI CIV107 NCIL JUNE 3 , PAGE 18 AirManager Ernst reported they met May 28. They discussed the tie -down plan. The small counter used for Raven will be an information booth. D-7 His Comm/Comm None E. MINUTES 1 M tin Ma 20 1987 a] E-1 E-2 Reg% ar ee g, Y Special Meeting, May 22, 1987 E-3 Special Meeting, May 27, 1987 Approved by Consent Agenda. f F. CORRESPONDENCE F-1 Sen. Murkowski - Air Guard Wing j - y F-2 F-3 Natl. League of Cities -Report Rep. Navarre -Closure of Legisl. Information Office F-4 Rep. Swackhammer - Closure of Legisl. Info. Office T-5 Sen. Stevens - Air guard Wing Approved by Consent Agenda .i G. OLD BUSINESS y None H. NEW BUSINESS i H-1 Bills to be Paid, Bills to be Ratified I NOTION: f 4 Councilwoman Bailie moved, seconded by Councilman z Measles, to approve the bills as submitted. ` Motion passed by unanimous consent. H-2 Requisitions Exceeding $1,000 MOTION: 1 r Councilman Measles moved, seconded by Councilwoman } °+{ Bailie, to approve the requisitions as submitted. Motion passed by unanimous consent. 1 'I 1Y H-3 Ord. 1215-87 - Rescind Ord. 870-83 - Public Easement - j r l CandieHQht Dr. -Ext-. --- - MOTION s L I KENAI CITY COUNCIL JUNE 3, 1987 PAGE 19 Councilwoman Monfor moved, seconded by Councilwoman .,, Sailie, to introduce the ordinance. Councilman Wise said he did not support this, it is a mistake. Councilwoman Bailie asked Atty. Rogers if he ;. had anything to say. Atty. Rogers replied no, it is consistent with prior action. - VOTE (Passed): Yes: Bailie, MaComsey, Measles, Monfor, Williams No: Wise H-5 Ord. 1218-87 - Increas. Rev/Appns - Senior Day Care Fund - $1,850 H-6 Ord. 1217-87 - Increas. Rev/Appns -Senior Citizens, Title III Fund - $2,600 Approved by Consent Agenda. - H-7 Disc. - Kenai Borough - Examine Alternative Sources to Current Revenue Means within Borough - Task Force, Representative from City City Manager Brighton explained the Borough is appointing a special committee. It will have a representative from each city in the Borough to explore other avenues of taxation to help local government. They thought it was important to have the Mayors appoint themselves so the Borough would not preclude the cities from doing the same thing. There is no t' provision for an alternate. Councilwoman Bailie said even though there is no alternate provided, we should designate the City Manager to attend. Councilman Wise suggested discussing: a) rescinding the action of last election in reference to exempting homesteads from i taxes. b) the Borough is using general revenue funds to support service area activities. c) why does it " 3 take the Borough so long to pay sales tax revenue and property tax revenue? They are holding funds and making interest and not paying us. Mayor Williams said the task force will be done by November. ADDED ITEM: Mayor Williams asked Councilman mccomsey what has _ -- become of the Kenai Caucus. Councilman McComsey replied he has not heard from them for over a month. MOTION: Councilman Measles moved, seconded by Councilman Wise, for the Mayor to represent the City on the Task Force with the City Manager as alternate. 7 ff KENAI CITY COUNCIL JUNE 3, 1987 PAGE 20 Motion passed by unanimous consent. H-10 Assignment of Lease - Uptown Motel Atty. Rogers said we have a request for assignment of lease - Aase to Schilling, Uptown. He has no problem. Council agreed to proceed with the assignment. I. ADMINISTRATION REPORTS 1-1 City Manager ---.--.-- - City Manager Brighton said be -is going to Anchorage 6-4 to attend a technical committee of AML to work with a :.j consulting firm to redesign AML goals and objectives. I-2 Attorney ` Atty. Rogers spoke. a. Regarding the Burnett Complaint and Summons. There is other litigation we are involved in, Council is involved. He cautioned Council not to . discuss. He will not discuss with the Burnetts, except with an attorney. It will be in writing. We will respond appropriately. He will be calling _. an executive session. we will be contacting P&Z and cautioning them not to discuss matters in litigation. ? b. Regarding AAI litigation. The owner of the plane was other than AAI. We refused to pay damages. They filed. We do not foresee exposure of the City. We will defend that. They had a claim !.. 1 against AAI, it went to us when AAI went ', .. .. "belly -up." r I-3 Mayor a. The Chamber of Commerce is proposing a Sister City 4 in Japan. Clerk Whelan explained, there was some discussion regarding a sister city in 1983, she - - - - will be reviewing this and report to Council. b. UN Day. (Item I-3) Does Council wish to designate a representative. No action taken by Council. c. Regarding writing. He suggested a Request _grant for Proposal to have someone with grant writing capabilities on a fee basis, based on the grant "------------, '- - - - -- - ------amount. --It would be a contractor.--Soldotna-and Homer have received good grants. DC&RA has $2 s, L j; 'i k KENAI CITY COUNCIL JUNE 3, 1987 PAGE 21 Million+. He has requested this. There is a grantsmanship school. MOTION: Councilwoman Monfor moved to proceed with an RFP. Motion passed by unanimous consent. d. Regarding the City brochure. It will be here by June 17 meeting. It is at the printer. e. Regarding Alaska National Guard Unit. He was in contact with Mr. Borg this date. On 5-28 he met with a representative from Sen. Stevens' office. He had meetings with Dept. of Defense, Air Guard and Pentagon representatives to discuss their positions. Sen. Stevens has directed the Air Force secretary to prepare a plan regarding the Air Force. Everyone from Council, Airport Commission, Governor's Office, U.S. Representatives, Pentagon and the Air Force is aware of our request. It is receiving a lot of attention. f. He -had a meeting with the 7-11 people regarding the Kenai stores. They are happy with the business. They are not planning any increase. g. Omni Store sales tax is $250,000 in arrears. $150,000 is ours. h. He will meet with Administration and People Count representatives 6-5-87 regarding working with 10 people, 30 hours per week. i. Do we have any status report on the land fill? Councilwoman Bailie replied, Bill Conyers of the Borough said they are going to make a proposal when they go out to bid. Nothing has been done yet. Mayor Williams asked Public Works Director Kornelis to check this out. J. Lt. Gov. McAlpine will be here June 21 through June 25. He will be at Chamber of Commerce to foster ANWR support. k. Councilwoman Monfor asked if a meeting could be arranged with the lobbyist for a discussion on goals and objectives. Mayor Williams suggested waiting to see what the Governor's direction is. We should make a legislative plan before we get to the session. 1. Councilman Measles noted Res. 87-29. (Police Car bid) We did authorize purchase provided 1988 models could be provided at that price. Mayor Williams replied that is correct. rrect.---His concern -was we get the _ best price and wgive consideration to local purchases. m. Councilwoman Bailie said we may want to bring up L L -- - - KENAI CITY COUNCIL JUNE 3, 1987 PAGE 22 the option of local preference. Mayor Williams said it has been discussed in other Borough cities. There was $120 difference in this ` instance. Is there anything illegal in giving local preference? Atty. Rogers replied yes. Mayor Williams asked if there is anything we can do to correct this? Atty. Rogers replied he will review. His concern is there were bid specs. It should be with the bid specs, not after the fact. I-4 Clerk Clerk Whelan spoke. a. Regarding the proposed tour bus. (item I-4) No action has been taken, she wanted Council to be aware. b. Councilwoman Monfor noted she will not be here June 17. I-5 Finance Director Finance Director Brown spoke. a. He asked that Council bring the Federal Revenue Sharing memo (item i-5) to the next meeting. t b. Councilwoman Monfor said she would like to get the ;i print out on expenses. Mr. Brown noted the auditor had asked if he reported to Council once a month. I Council agreed to continue distribution of the print out. 1-6 Public Works Director None I-7 Airport Manager - 1 None J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD :�h• a. Father Targonsky, Russian Orthodox Church. He noted the city will provide salary fora tour :_----._.---------=--------.._� guide, -He-asked Council to _consider -the Russian - j Church is seen as much if not more than the ti - ---- -- - -- - museum. __The- _City _is spending over $6,000-for the museum in salary. �a KENAI CITY COUNCIL JUNE 3, 1987 PAGE 23 b. Father Targonsky. How far in arrears is Omni Foods? City Manager Brighton replied they don't have any factual information. Mayor Williams suggested he contact the Borough Mayor. He spoke of this at the Borough meeting of June 2. Father Targonsky said they could not get a liquor license if they are in arrears. c. Father Targonsky. He is disappointed in the action regarding the Coyle's property. These people pioneer the territory and give property for improvements, other people get roads. We cannot forget the old timers. it should be considered a right if they have been here this long. d. Councilman McComsey reminded Council of the ball tournament this Saturday. ADJOURNMENT: Meeting /adjourned at 12 : 00 Midnight. IJanet Whelan City Clerk DEPT. 01F COMMUNITY A REGIONAL AFFAIRS Q P.O. eox e duNeAu. AlASKA M11•2100 PHONE, (007) 4054700 OFFICE OF THE COMMISSIONER (3 049 E. 30TH AVENUE SUITE 400 ANCHORAGE, ALASKA 0950 4302 PHONE: (007) 563•1073 June 1, 1987 CERTIFIED/RETURN RECEIPT REQUESTED The Honorable John J. Williams Mayor of Kenai 210 Fidalgo 1 Kenai, AK 99611 j ! Dear Mayor Williams: { RE: FY 87 MUNICIPAL ASSISTANCE PROGRAM -- PROVISIONAL FINAL PAYMENT i� Enclosed please find your provisional final payment for the $725,337. FY 87 Municipal Assistance Program in the amount of filed in March of this year, the Because of a law suit department has opened a special appeal period to allow the 3 appeal of certain data elements used to calculate a portion of your state revenue sharing entitlement. Included in those data is which is used to calculate municipal _... ,� elements population, assistance payments. The appeal period will close 30 days the after the receipt by applicants of the letter noticing j appeal sent out on April 20. The appeals will be resolved and the final decision in notice will be given to appellants of !t their appeals. However, AS 29.60.350(b) requires municipal assistance dis- to comply with this k-.. ! tributions be made on June 1. In order statutory requirement, and yet still be able to use the ula -- `! a a hav- Lion figures from the special revenue sharing appeal, we have the increased assistance portion of �...... withheld ten percent of your entitlement based upon pre -appeal population determina- }. tions. This amount is expected to cover any appeals. Once the on the basis of the �+ population figures have been finalized special revenue sharing appeal, final municipal assistance pay - Monts will be calculated and disbursed. r� _ 0. ti i Mayor Williams June 1, 1987 Page Two For your information, Chapter 10, SLA 1987, introduced by Governor Cowper and relating to time periods for revenue shar- ing and municipal assistance, has been passed by the legisla- ture and signed into law. This law will provide for greater predictability in both revenue sharing and municipal assistance by separating the year of application and calculation of entitlements from the year of payment. By changing these time periods, the new law will reduce the possibility of a repeat of this year's special appeal period and delayed payments. Addi- tionally, the law provides that revenue sharing payments will be distributed in July of the fiscal year and all municipal assistance payments will be distributed in February, which will give recipients their money earlier and give them greater flex- ibility in their fiscal affairs. FY 88 will be a transition year, and the first year of implementation will by FY 89. If you have any questions, please call Bill Rolfzen at 465-4733. Sin erely, V• avid G. Hoffma Commissioner Enclosure: State of Alaska Warrant cc: Jim Sanders, LGS, MRAD, Anchorage L 1 p. i { i 7 p `lrf ei DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES P.O. BoxjuNEAUA SKA 99811•2500 PHONE: (907) 485.3900 OFFICE OF THE COMMISSIONER May 28, 1987 The Honorable John Williams ; Mayor City of Kenai ` 210 Fidalgo Kenai, Alaska 99611 - Dear Mayor Williams: I would like to respond to Kenai Resolution No. 87-15 opposing transfer of state -maintained roads to local municipalities, a copy of which was provided to me. This issue has arisen because the original FY188 highways and aviation maintenance budget for the department was reduced from previous budgets so much that it would have been possible to maintain only a part of our road system adequately. Our original proposal was for local governments to assume respon- sibility for those roads we could not maintain within the pro- posed funding limitations. However, it has become apparent local governments are not now prepared to assume these responsibili- ties, and that a transfer program must first be developed, including a suitable phase -in period. Until then, we have decided it would be wiser to propose the department continue maintaining all of the state's road system. In response to concerns expressed by many people about the origi- nal proposed level of funding for road maintenance, Governor Cowper first proposed HB 156 to increase the state's present motor fuel tax from $0.08 to $0.16/gallon. Additional revenues generated by this tax increase would have been made available to the department's road maintenance program and ferry systems instead of the Governor's gas tax, however, the Legislature chos to increase the department s general fund budget a like amount. If accepted, this budget will enable the department to continue maintaining intaining mosting of its facilities during FY188, although some I believe there is still a need to look at transferring state maintained -local- roads- to- local _government._ _ Accordingly, i__ _ _ _ expect to form a task force, including representatives from loca government and the department, to assess the appropriateness of road transfer program for future implementation. 70A•TI LM L h �, Mr. Williams -2- May 28, 1987 The budget passed by the Legislature should satisfy your concerns for this year and I thank you for your support. Meanwhile, your continued support of the department's maintenance program would be appreciated very much to ensure the department will be able to responsibly maintain its facilities in future years. Sincerely, Mark S. Hickey Commissioner cc: Ray Price, special Staff Assistant, Office of the Governor Jonathan W. Scribner, Acting Deputy Commissioner. Operations William R. Snell. Regional Director, Central Region i r'. �I W N � I 8 1 O pn � O ro M n 6~t W ii ^q n P. � 1 rf n n ei t cl b � p III �t O O V N W N C O��pD1 W W �pp . . . . . •� .. .. O 00- b T MP+.. W CY N P _ W _ O W 4� _. .. ..._ . _. _._ _._ _.._ _ __. _.. ____ ._..._._ ------- O, T N At I i i L r rl 1 a I � 7 H -3 Requested by: Administration CITY OF KENAI ORDINANCE NO. 1280-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE FEDERAL REVENUE SHARING FUND BY $437,379.00. WHEREAS, the Council of the City of Kenai has reviewed requests from the City Administration for appropriations of Federal Revenue Sharing monies; and WHEREAS, determination has been made concerning the desirability of and the need for the purchase of certain assets, supplies and repairs for the City; and WHEREAS, adequate funds are available in the Federal Revenue Sharing Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1: The 1987-88 annual budgets of the City of Kenai be amended to include the items listed on Exhibit A, which is attached and made a part of this ordinance. !4 Section 2: Estimated revenues and appropriations be increased as follows: federal Re-yenue Sh rinse Fund Increase Estimated Revenues: - Appropriation of Fund Balance $3 ',. Increase Appropriations: ' Transfers to General Fund $341,879 Transfers to Council on Aging Borough 8,000 t Transfers to Water and Sewer 10,000 Transfers to Boating Facility 77.500 A_Q7.379 _.,--^---------`-----ter.---- i 1, i - -------------------- -- - --- ---- - ------------ ----- ----.. - ------------- - -- -- ---- - ----- 01 J L f General Fund { increase Estimated Revenues: Transfers from Federal Revenue ( Sharing Fund 4 Increase Appropriations: Finance - Office Supplies $ 4,000 Finance - Professional Svcs. 31,000 Finance - Transportation 1,000 .i Finance - Misc. 4,000 Finance - Machinery & Equip. 50,000 j Fire - Machinery and Equipment .I Fire - Repair and Maintenance Fort Kenay - Repair and Maintenance -- Legal - Machinery and Equipment Streets - Machinery and Equipment Streets - Repair and Maintenance Shop - Repair and Maintenance Shop - Machinery and Equipment Non -Dept. - Machinery and Equipment l Police - Machinery and Equipment Recreation - Repair"and Maintenance Parks - Machinery and Equipment ;-B Coun,cif on Aging - Horouah Increase Estimated Revenues: Transfer from Federal Revenue i Sharing Fund Donations ;j Increase Appropriations: Machinery and Equipment Water and Sewer Fund - Increase Estimated Revenue: Transfer from Federal Revenue Sharing Fund Increase Appropriations: Sewer Machinery and Equipment $341,879 90,000 85,000 14,000 950 5,000 11,500 55,000 10,000 35,000 5,529 25,000 2,200 2,700 $341,879 $ 8,000 8,000 $ 16.000 a 116,000 $ 10,000 8 10.000 o f 1 Boat na Fact tv Increase Estimated Revenue: Transfer from Federal Revenue Sharing Fund 50 Increase Appropriations: 77,g00 Machinery and Equipment PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of July, 1987. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: June 17, 1987 ! Secodd Reading: July 1, 1987 { Effective Date: July 1, 1987 Approved by Finance: e-24 1 Y L L � 1 � 0 Exhibit A Federal Revenue Sharing List General Fund: Finance - replace accounting computer system 90,000 85,000 Fire - ambulance 14,000 Fire - exterior painting 950 Fort Kenay - replace overhead lights 5,000 Legal - portable personal computer Streets - mobile radio and portable radio 3,000 15,000 Streets - repair warm storagesidewalkssidewalks Streets - repair curbs, gutters8,500 40,000 Streets - broom for sweeping sidewalks 10,000 Shop - waste oil disposal program 35,000 Shop - fuel tanks Non -Dept. - copy machine (clerk's request) 5,529 25,000 Police - computer system (additional monies) - replace tiles in men's dressing room, 2,200 Recreation correct floor 2,700 Parks - combo -plane and attachments Senior Center: 6,000 Van (1/2) - Water and Sewer: and accessories - large sewer lift station pump 10,000 Sewer Boating FFaaailitY: 40,000 Crane 35,000 Forx lift 20500 Storage van 1 437"3 Total Iq - Al CITY OF KENAI ', Del eapdal 4 4"., ro mDAuao 10 M, ALAW "S" TaMNONIRM-7018 -this has been arprovt4 bJ +he, KIng HARBOR RUN SCHIM-1 4&rbor Cowim4sior\ The City Manager, subject to the approval by the Council, shall establish the fees, rates, and charges for the billing and collections for the support of the harbor. The City Manager reserves the right to change the rate schedule at any time. 1) Wharfage . . . . . . ... . . . . . . . . . S 0.025/lb. 2) Fuel - gasoline . . . . . . . . . . . . . . 1.00/Gai. - diesel . . . . . . . . . . . 0.90/Gal. 3) Repair grid 50.00/Tide .. f 4) Septic tank dumping A) 0-25 gal 5.00 B) 26-50 gal 10.00 " C) 51-100 gal- 20.00 D) 100 + . . . . . . . 0.20/gal. 5) Waste Oil Dumping . . . . . . . . . . . . . 1.00/gal. 6) Boat Launch Ramp 0 FOR 1987 [ 7) Skiff Moorage . . . . . . . . . . . . . . . 1.00/day 8) Shower . . . . . . . . . . . . . 3.00/ea. 9) Equipment rental - Hot Pressure Worker 40.00/hr. 10) Equipment rental - Battery Charger/Starter 12.00/hr. ?`( 11) City Labor Charges . . . 30.00/hr. a Other items . - . As Posted Page 1 of 4 06/02/87.1 J 1. WHARFAdEs $ 0.025/lb. The rate is to include one crane operator and a crane for loading or unloading. The crane scale, crane hook, and fish braile basket can be used if available. The order of loading or 1 unloading will be on a first -come, first -serve basis. l Gasoline $1.00/gal Diesel . 0.90/gal The rate is for user purchasing gasoline and diesel fuel. A City operator will monitor or observe the fueling operations. The boat captain or his crew will fuel their own boat and is responsible for their own safety and for any fuel spills and cleanup. 3. REPAIRgRIDt $50.00/Tide The rate is to include the use of the repair grid. The water outlet, hose, and hose reel can be used if available. The order of use shall be on a first -come, first -serve basis as shown on a sign up sheet. Rental period shall be from one high tide to the following high tide. Users can sign up for a maximum of three (3) consecutive rental periods at a time without letting other users have a turn. Users are responsible for full and complete cleanup. 4. AEPTIC TANK DWPtN_GSs A) 0-50 gal. Q $ 5.00 8) 51-100 gal. 10.00 C) 100+ gal. 0.10/gal The quantity is to be estimated by the City operator before the user dump the septic waste. The rate- is to include the use of the septic holding tank to dump human wastes only. No fish processing wastes, cans, bottles, etc. are to be dumped. The boat captain or his crew will be responsible for transporting to the tank and complete and full cleanup. The water outlet can be used if available. Page 2 of 4 06/02/87.1 r w S. WASTE O7L DUMPING: . . . $1.00/gal. The quantity is to be estimated by the City operator before user dumps the waste oil. The rate is to include the use of the waste oil tank to dispose of engine waste oil and fuel only. No paint, thinners, solvents, anti -freeze, or other items are to be dumped. The %oat captain or his crew will be responsible for transporting to the tank and complete and full cleanup. 8. :OAT LAUNCH RAMP-s_ 0 FOR 1987 The rate is for the use of the concrete boat launch ramp and the floats next to them. Boats are not allowed to be unattended for j more than 15 minutes. Users are to pay the City operator normally located on the dock. . 7. 8gIPF MOORAGES . . . $1.00/day The rate is for mooring a small skiff to the floating dock which is on the land side of the permanent concrete dock. The user is required to have a Corps of Engineers Boat Mooring Permit for mooring a large boat in the Kenai River. The floating dock is to provide a place to moor their small skiffs that are used as transportation to their large boats. Users are to register and pay the City operator prior to using. Violations will be subject to impoundment. Locations for mooring will be on a first -come, n " first -serve basis with no assigned position. Users will have to work together to maximize the usable space. 8. BHOWERi $3.00/ea. The rate is for each shower taken in the restroom facility. Users are to get the key and pay the,City operator who is ' normally located on the dock. j9, z- = PREBSURE $40.00/hr. The minimum rate is for one hour after which the rate will be in 1/4 hour increments with each 1/4 hour rate being 1/4 of the hourly rate. The rate includes electrical power and water to .� operate the machine. y, 10. EOUZPMEN I RENTAL - BATTERY CHARIM;R19TARTERs . -$12.00/hr. The minimum rate is for one hour after which the rate will be in 1/4 hour increments with each 1/4 hour rate being 1/4 of the hourly rate. The rate includes the electrical power to operate the machine. Page 3 of 4 1 T AL 11, CITY LABOR CHARGES: . . . $30.00/hr. This is for all extra work not covered in the rate schedule performed by City operators. The rate is per hour for each operator. There is a one hour minimum. The rate does not include the use of City equipment or any additional costs such as overtime, supplies, parts, etc., which would also be charged to the user. 12, OTHER ITEMS The rate for these other items is to be determined by the City Manager or his designee when available and as needed: Cleaning solution for Hot Pressure Worker Braile Basket Fish tote Rope Electrical cord Copies from copying machine Oil/lubricants/grease Detergent/soap Pumps and motors Other supplies, equipment, and services Pallet jack Hand cart Page 4 of 4 f� 7 rr..a.� i rl LAW OFFICES OF ROGER E. HOLL, P.C. 10801 SPUR HIGHWAY KFNAI. ALASKA 9960 (907) 283.3344 June 11, 1987 Zga56IF9� Tim Rogers •, , City Attorney ,�, ��. -- "t- City of Kenai � is 210 Fidalgo Q` c, `�d Kenai, Alaska 99611 ' RE: Subordination Agreement Dear Mr. Rogers: The purpose of this letter is to request that the City of Kenai enter into a subordination agreement with the National Bank of Alaska. Presently, I own Lot 2 Be Spur Subdivision Number 6, Kenai Recording District, Third Judicial District, State of Alaska. I have purchased this lot from the City of Kenai for approximately $63,000.00. NBA has a loan of approximately $283,000.00 which is in second position on the property. This building has been suffering from a high vacancy factor due to the poor economy and due to the fact that older leases have run out. The National Bank of Alaska has offered to grant me in essence, refinancing the building in such a manner to ease the casef low problem. Presently, the building does not support itself. Under the refinancing relief it would. I am enclosing a copy of the subordination agreement suggested by NBA. As a condition to granting refinancing relief, NBA has required me to contact the City to obtain a subordination agreement. I understand this must go before the City Council. I am advised by personnel of the City and NBA, that the City of Kenai has done this in the past. it certainly would be of great assistance on keep this property on even keel. Yo ruly, Roe Hol REH/lm Enclosure: Subordination agreement form L r 1WHEN RECORDED MAIL TOt NATIONAL BANK OF ALASKA COMMERCIAL REAL ESTATE P.O. Box 600 Anchorage, Alaska 99510 Attne Space above this line for recorder SUBORDINATION AGREEMENT NOTICEt This Subordination Agreement results in your security interest in lien ofcomeother lateret to security inetd of ruumenwer triority than the KNOWN ALL MEN BY THESE PRESENTSe THAT WHEREAS, the undersigned is the present owner and holder of a deed of trust and note dated , in the sum of 6 __ executed by to as trustee, an is the beneficiary, whiC e o trust was recorded in Book , at Page , Official ReCOr s. A e o ce o he District corder, Recording District, Judicial District, state o as ca, covering, and . WHEREAS, as owner of the landMove, as execu e , or s out to execute a dead of trust and note in the sum of S dated in favor of on the and conditions described atherein, which deed of trust is to bes LeMer, able with iterest and prterms recorded contemporaneously herewith; and WHEREAS, it is a condition precedent to the obtaining of said loan that the deed of trust securing the same shall be and remain at all j times a lien or charge on said land, prior and superior to the lien or charge of the deed of trust first above mentioned; and } WHEREAS, the undersigned is willing that the lien or charge of the deed o! trust last above mentioned and any renewals or extensions 1 thereof shall, when duly recorded, be and remain at all times a lien or charge on said land, prior and superior to the lien or charge of the deed of trust first above mentionedt NOW, THEREFORE, for a valuable consideration, receipt of which is hereby acknowledged, and in order to induce Lender to make the loan above -referred to, it is hereby declared, understood and agreed, that the — _ - deed -of -trust -securing said note in favor of Lender, and any renewals or extension the shall be sed remain at all times a lien or- rge of on -the - land described therein, prior and superior to the lien or charge o th --- - - = - -� - - -- deed of -trust -first -above mentioned. The undersigned declares and acknowledges that the undersigned herebintentionally and superiority of the alien �orechargesofsthe dde doofitrust first nates the priority above mentioned, to the lien or charge -upon said land of the deed of trust in favor of Lender, above referred to, and that the undersigned understands n consideration of waiver and that subordination, upon siloans s and advances are andwillbe mat d age bill; MqM iris{ r _ and, as part and parcel thereof, specific monetary and other -obligations are being and will be entered into which would not be made or entered uw into but for said reliance upon this waiver, relinquishment and subor- dination. The undersigned further declares that an endoreeement has been placed upon the note secured by the deed of trust first above mentioned showing the existence and effect of this agreement. i IN WITNESS WHEREOF, the undersigned has executed this inetru- meat this day of f l� BORROWER: SUBORDINATOR: By By i By — By - - LENDER: By �, STATE OF ALASUA ) ) sa. JUDICIAL DISTRICT ) on the day of ► or• 19 , before me► the undersigneda�ary Pubic a an e State of Alaska► personally appeared► au sar e known to me to be the person e w oee acknowledged to me to the foregoing instrument. executed such instrument and know�Tie contents thereof. Witness my hand and official seal the day and year in this certificate first above written. otary a n an or ae ka My Commission expirear STATE OF ALASRA ) ss. ,NDICIAL DISTRICT ) On the Bay o! 19 , before me► the undersigned► a F�tarY public n an or t e Stat— a of Alaska, personally appeared n_ own to me o e e of an ao now a ge eo me new a contents o ' e orego ng nstrument and had execute each instrument on behalf . of► and as an authorized sot of such 1 Witness my hand and official seal the day and year in this certificate first above written. 3 ,� otary a n an or as a my Commission expires: I STATE OF ALASKA so. ' jUDICiAL DISTRICT ) ? This is to certify that on the day of lg , before me, the undersigned a Notary public in And for the Stake of Alaska personally appeared o ' to me known to be the ► w o as now a ged to me to he execute a orego Mg nstrument on behalf of said for the uses and purposes therein mentioned by authorfry o is Board of Directors. i Witness my hand and official seal the day and year in this certificate first above written. a. otary u c n an o= asp My Connnission expires+ L L CITY OF KENAI • •od car" 014"„ 010 ADAM KENAI, AL"M M 11 TELEPHONE 213. MS June 12, 1987 MEMORANDUM TO: Tim Rogers, City Attorney FROM: Dana Gerstlauer, Administrative Assistan RE: subordination Agreement - Roger Holl Lot 2B, spur subdivision No. 6 The City of Kenai has received a request for a subordination agreement from Roger Holl on the referenced lot which was purchased from the City in 1984. The amount owing on the City's deed of trust (currently in first position) on the property is approximately $61,368.33. As shown in the attached letter from Roger Holl, NBA's deed of trust (currently in second position) is approximately $283,000.00. The gh showan land with improvements uof $339e300.asaessed value of the The City entered into a similar subordination agreement with W.M. Burnett on Lots 7 & 8, Block 1, CIIAP in October of 1986. /dg . n PART A AGREEMENT FOR EXCHANGE AUTOMATIC AID/INITIAL ACTION FOR FIRE PROTECTION, RESCUE, AND MEDICAL SERVICE DRAFT COPY This agreement, dated for reference purposes on July i, 1987, is made by and among the Nikiski Fire and Medical Service Area, the City of Kenai Fire and Medical Department, and the Kalifornsky Fire Service Area, hereinafter referred to as the Combined Incident Command System for Automatic Aid/Initial Action for fire r®scue and medical service. WHEREAS. two parties to this agreement, City of Kenai Fire Department and Nikiski Fire Service Area, provide fire }{i protection, rescue, and medical services within their x?' Jurisdictions; and the third party. Kalifornsky Beach Fire Service area, provides fire protection and rescue services ;, within their Jurisdiction; and - WHEREAS, it is in the best interest of the citizens of Nikiski F#re Service Area; City of Kenai Fire Department., 1; L f� • I and Kslifornsky Fire Service Area to provide the most expeditious and professional response to suppress fires and render rescue and medical services; and WHEREAS, each party is desirous of providing to the other a reasonable and professional reciprocal exchange of fire, rescue and medical services on a day to day basis at no additional cost; and WHEREAS, "Jurisdiction" is defined to be that political and geographical boundary designating the Nikiski Fire Service Area, the Kelifornsky Beach Fire Service Area, and boundaries of the CitY of Kenai, and WHEREAS. this agreement is permitted and provided for by ordinances of the Kenai Peninsula Borough, City of Kenai, and Alaska State Statute"; I t» Chiefs of the Nikiski and Kalifornsky Beach Fire Service areas and the City of Kenai, upon request of the two Service Areas that are located within the Jurisdiction of the Kenai Peninsula Borough. II In return for the services to be provided by the City, -- - Nikiski and Kalifornsky Beach Fire Service Areas agree to provide a designated fire, rescue and medical response as determined by the Fire Chiefs of the service areas and the City upon request by the City to that area located within the Jurisdiction of the City.' III Upon receipt by Kalifornsky or Nikiski or an alarm through the 911 dispatcher within the jurisdiction of either Service Area, the Jurisdictional department will dispatch its nearest available and appropriate designated fire, rescue, or medical response to that alarm and also notify the City f dispatcher, who will, in turn, dispatch the agreed upon response designated by prior agreements. 1 L IV upon receipt by the City of an eiRrm within the City, the city, as the Jurisdictional department, will dispatch its nearest and appropriate designated fire, rescue, or, medical response to that alarm, and also notify the 911 dispatcher ill in turn dispatch the agreed upon response who W , designated by prior agreements. V 'It The Service Areas and the CitY "intend" that this agreement will provide mutual benefits to all parties and herein authorize the Fire Chiefs of the Service Areas and the city i z to revise any designated areas or types of response periodically as may be dictated by chanoina conditions to comply with the intent. . VT r,:... Details as to amounts and type of assistance to be dispatched, methods of dispatching and communications, ,I I , 14 _ J' o �� training programs and procedures. methods of requesting aid. and the names of persons authorized to send and receive such l requests. together with lists of equipment and personnel } which will be utilized, shall be developed by the Fire Chiefs of the Service Areas and the City. Such details shall be recorded in Memorandum of Understanding by Fire Chiefs of the Service Areas and the City and shall be dated d tteched hereto. VII -. In those instances where the tiding department arrives 1 before the the aiding department Jurisdictional department, 1 will take the necessary action dictated by the situation. the arrival of the Jurisdictional department. . However, upon the responsibility for coping with the situation will be immediately assumed by the Jurisdictional department. The ►'` -.. aiding department personnel will be under the direction of -- - - the officer in charge of the Jurisdictiont�l fire department. :. It is further agreed that the aiding department will be released from the scene as soon as practical by the officer in charge of the jurisdictional fire department. r _f L 0 Vill It is mutually understood and agreed that thi.3 agreement does not relieve either party from the necessity and obligation of using its own resources for furnishing fire Protection within any part of its own Jurisdiction. It is further agreed that any party may terminate the agreement at any time by giving written notice to the other party at least thirty (30) days prior to the date of termination. •IX Each party hereby waive, all claims against the other for compensation for any loss, damage, personnel injury or death fossil N i L t I i IN WITNESS WHEREOF, this Agreement has been executed on the day and year first above written and is effective and operative as to each of the parties as herein provided. KENAI PENINSULA BOROUGH CITY OF KENAI BY: BY: ITS: MAYOR ITS: CITY MANAGER DATE: DATE: KALIFORNSKY FIRE SERVICE AREA APPROVED AS TO FORM BY: BY: ITS: BOARD CHAIRMAN ITS: CITY ATTORNEY DATE: DATE: NIKISKI FIRE, RESCUE, AND ATTEST MEDICAL SERVICE AREA BY: BY: _ ITS: FIRE CHIEF ITS: CITY CLERK DATE: — _ DATE: _ APPROVED AS TO FORM c2w. . 7 � 1 MEMORANDUM - T0: Kayo McGillivray, Parks & Recreation Director 348r FROM: Marie son. .C.H.S. r J DATE: June 4, 1967 SUBJECT: Room Use - Kenai City Roe Program After consultation with Dr. Daggett today, I have been directed that the following will be the facilities use charges for the building this summer: Art Room - $10/day x 5 days x 8 Wks. $ 400 4. a Gym$20/day x 5 days x 8 Wks.- 800 Custodial (2 hr/day) - $22/hr. x 5 days x 8 Wks. • 1.760 $2,960 Pool use will have to be negotiated with Craig Jung at the defined Borough rate, which is to Include a portion of the utility costs. ,�aD/�iO,dA/E�%�,B 1� ��1��✓' eP6�/�'.r�i�. j Rates will be temporary, as a revised Faclltity Use Fee Schedule will be going to the board on June 15th. If the revised schedule Is approved, a new rate will become effective as of July 6th. Expectations are that the new rates will be substantially higher than our current rates. If you have any questions or suggestions. please do not hesitate to contact me. OC: Paul Epperson Dr. D. Daggett .. , . Craig Jung- M81mr y .t �s �i ! � I 1 i 0 DEPARTMENT OF REVENUE 550 W. 7t1> Avenue ALCOHOWSEVERAGECOMBOLOWD Anchorage. Alaska 99501 June 2, 1987 Rubenia Francieca Jones d/b/as Golden Inn Re: Application for designation as a restaurant for purposes of allowing underaged persons on licensed premises under AS O4.16.049. Dear Applicant: At its meeting of Maz 27 198_ 7 the Alcoholic Beverage Control Board took up final consideration of your application for designation. Your application requested designation for the following purposes(items marked): Ex I. Persons 16 years of age and older may dine accompanied (AS O4.16.049(a)(2). 0 2. Persons under the age of 16 years may dine accompanied by a person 21 years of age or older (AS O4.16.049(a)(3). a 3. Persons between 16 and 19 years of age may be employed (AS O4.16.049(c). Note: Under AS O4.16.049 (d) a permit is not required to employ a person 19 and 20 years of age. The board took the following action: Approved items) requested. --� Denied item(s) for the following reasons: Denied all items requested for the following reasons: If .you have any questions, please do not heMtate to contact s office. -Sjncerelys Betty L. alhoon "?.-Records and Licensing Supervisor (907) 277-8638 ' cc: local governing body - city of Kenai M E ZIVF-0 - / CITY OF KENAI „ d eapiW 4 41w"" 210 PIDAL00 KENAI. ALUKA $Nil TELEPHONE 283 •T03d May 28, 1987 MEMORANDUM TO: Charles Brown, Finance Director FROM: Randy Ernst, Airport Manager :} RE: Master Plan Update 4 I have received 100 copies of the final master plan from Quadra Engineering, Inc. The receipt of these documents completes the master plan update project as awarded to Alaska Transportation Consultants, Inc., by Resolution No. a 85-81 dated August 7, 1985. M f: Therefore, the balance of funds for the not -to -exceed amount of $70,445.00 should be paid to Clrta#,eti Inc., and the project file closed. Thank you. 4 ' RE/d9 cc: Quadra Engineering, Inc. f L a .0 US,Deponment GITfanSportation federal Aviation Administration June 3. 1987 Mr. Randy Ernst Airport Manager City of Kenai 210 Hidalgo Street Kenai. Alaska 99611 Dear Mr. Ernst: Alaskan Region IVF6w;Z 701 C Street, Box 14 Anchorage. Alaska 99513 r ' Kenai Municipal Airport. Kenai. Alaska AIP Project No. 3-02-0142-04 We have approved an allocation of $1.603.289.00 in federal funds under the Airport Improvement Program (AIP) for the Kenai Municipal Airports Kenai. Alaska• for work described as follows$ Construct water runway (150' x 3.5001). maneuvering channel (300' x 3001)t rehab. existing reservoir (150, x 2,80099 construct limited access taxiway (351 s 1.0009 including ramps access road (24' z 2.4001)1 install fence (3.525'). This allocation may only be used for the above programed items and is made under the terms of the Airport Improvement Act of 1982, and the issuance of a grant offer is subject to all applicable federal requirements being met, including$ _...ter ....r...»... — a. Approval of the project as finally formulated. b. The limits of obligational authority for the current flocs ' _ - .... _ .. i iyi •.•, ' .. year• .J..:.,. In the allocation of these funds, consideration was given to your representations with respect to matching funds availability. Mr. Richard V. Griffiths Engineer, Safety and Standards Branch, Federal Aviation Administration. will. be in contact with the project manager to establish an acceptable schedule so that we may offer a grant of federal funds as early as possible. `{ sincerely, l� � Aussei S. iiathewa MI ager. Airports Division •'v Psi • _ /j4 AUTOMATIC AID AGREEMENT page 7 PART B MEMORANDUM OF UNDERSTANDING DRAFT COPY ,,,V� _3 ` City of Kenai Fire, Rescue, and Medical Department. Nikiski Fire, Rescue, and Medical Department, and Kalifornsky Fire Department Agreement for exchange of fire protection, rescue, and medical services --Automatic Aid/ " - Initial Action i This Memorandum of Understanding is authorized by the City of Kenai, the Board of Directors of Nikiski and Kalifornsky Fire Service Areas, and the _. Kenai Peninsula Borough in an agreement dated July 1, 1987. The purpose of this Memorandum of Understanding is to outline the (` procedures for carrying out an automatic aid response among City of Kenai. Nikiski and Kalifornsky Fire Service Areas, as stated above. This Memorandum is a guide for day-to-day operations and is in no way intended to replace or adjust any uniform mutual assistance agreement which may be " in effect. AMOUNT AND TYPE OF ASSISTANCE This agreement is for exchange of one engine company or tanker on first alarm incidents to the response specified. ' Equipment required in addition to first alarm assignments must be requested by the duty officer of the jurisdiction needing assistance " through normalmutualaid channels. AW 1�yy. a j AUTOMATIC AID AGREEMENT DRAFT COPY page 8 A. NIKISKI will provide an engine company (or ladder companyl r 'j 1, or tanker with a crew of two on a first alarm response to the Kenai Fire Station. The Kenai Shift Officer will have the option to direct the responder to any other location as needed within the City. Additional manpower needed by the responding unit will be made by the responding unit. B. KENAI will provide an engine company or tanker with a crew of two on a first alarm response to Nikiski Station No. 1. The Nikiski Shift Officer will have the option to direct the J responder to any other location as needed within Nikiski Fire Service Area. Additional manpower needed by the responding unit will be made by the responding unit. of C. KENAI will provide an engine company or tanker with a crew of two on a first alarm response to the Kalifornsky Fire Station. The Kalifornsky Duty Engineer will have the option to direct the responder to any other location as needed within Kalifornsky Fire i! Service Area. Additional manpower needed by the responding unit will be made by the responding unit. D. KALIFORNSKY will provide an engine company (or tanker)) with a ' 11 crew of one, standby will respond. on a first alarm response to 11 the Kenai Fire Station. The Kenai Shift Officer will have the - x} '--------- ----.-.-_--..-_ _ �. _ .. - option to direct --the responder to any other .location as needed --- s needed b the responding =------- -------- -- - ---�f- - - - - - - within the -City, _Additional- manpower -- Y- - P- - - B -- - - --- -- ---- -- unit will be made by the responding unit (and ensure that K-Beach Station is manned). 1 ;s 1 1 J 2 AUTOMATIC AID AGREEMENT page 9 DRAFT COPY E. When Kenai responds to Kalifornsky, Nikiski will send an engine f to Kenai Fire Station. j+�l F. When Kenai responds to Nikiski, Kalifornsky will send an engine to Kenai Fire Station.=+Ji G. Under contract, Nikiski Shift Officer will respond to all i incidents in Kalifornsky. II. TRAINING - - `-` Joint training exercises should be carried out quarterly under the direction of the Fire Chief's Operation/Training Officers in each department. Class instruction should be available upon request by each department. The training process is for experience and what is learned j should be used to upgrade overall firefighting, communications and all operational procedures. III. COMMUNICATIONS A. TELEPHONE --(uses) B. RADIO --(uses) (clear text when possible) :_:_°_..... , IV. DISPATCH TO EMERGENCIEF ''zc... If an alarm is received for any of the areas designated, the dispatch by center receiving the alarm shall immediately notify the other -direct line or radio and request -the agreed -upon assistance.- Each - ----=- -- -- - - - ' - agency's -dispatcher shall -then dispatch -the_agred- upon_ assistance_ ----- - ---- - ---- from his agency to the incident. a 4,: tr L AUTOMATIC AID AGREEMENT page 10 DRAFT COPY V. OPERATIONAL CONQWM All units at the scene of an emergency incident will be under the command of the officer at the scene who is in command of the jurisdictional fire department. Every effort will be made to operate as a single coordinated force rather than two separate agencies. The first arriving officer will assume command until relieved by an officer of the jurisdictional agency. VI. LIMITATIONS Notification of reduced resources shall be transmitted to the other agency as soon as possible, or at the time of dispatch, so alternate action may be taken. VII. FIRE INCIDENT REPORTING Each agency shall be responsible for reporting the incident to satisfy their own fire department needs. VIII.REVISIONS This Memorandum of Understanding may be revised or amended at any time 1 by mutual agreement of the Fire Chiefs of the Nikiski and Kalifornsky Fire Service Areas and the City of Kenai. j" It is agreed that substantial reductions of fire protection services �1 by either agency shall be cause for reconsideration of this agreement. �~ 1 a] 0 AUTOMATIC AID AGREEMENT page 11 DRAFT COPY i Date Alfred B. Willis Fire Chief Nikiski Fire Service Area - - I - - - Date Alfred Ivanoff Fire Chief City of Kenai ., I _ I Date Tom Scott Captain Kalifornsky Fire Service Area � t ij �q r� j AUTOMATIC AID AGREEMENT page 12 Part C MEMORANDUM OF UNDERSTANDING Methods of Dispatching and Communications Develop procedures for 4ispatching. L DRAFT COPY rWoolf - - - AUTOMAT -IC AID AGREEMENT page 13 s Part DD MEMORANDUM OF UNDERSTANDING Training Goals and Procedures i DRAFT COPY (Example) 1. Joint Training: A fire, hands-on, training in each jurisdiction. A building that will require more than one company - operation. 2. Class Instruction: Scheduled among the departments on request. 3. Command Control: Large fire practice. 4. Schedule: Quarterly drills and project for one year. L r. iL t AUTOMATIC AID AGREEMENT page 14 Part E MEMORANDUM OF UNDERSTANDING Names of Persons Authorized to Send + and Receive Such Requests L DRAFT COPY - - - AUTOMATIC AID AGREEMENT page 15 DRAFT COPY - Part F MEMORANDUM OF uNDERSTANDING Equipment List I Materials & Radios NIKISKI FIRE DEPARTMENT: f - Crew Water Cap GPM Year Foam Gal _ :i Pumpers: 4-1-2 2 1,200 2,000 1984 300 4-2-1 2 1,200 2,000 1984 300 s 1' Tankers: 4-2-2 2 4,000 1,000 1984 1S0 4-2-3 2 4,000 1,000 1984 150 3. t Ladders 4-1-4 2 1,200 2,000 1983 300 Brush Tanker: 4-2-3 2 1,500 500 1952 -- « Portable Radios: 13 - MT500 = -,- 3 - MX340 1 - MX350 1 - M15105 3 - Handy Talky 1 - PR60 r ti. • lip i 0 AUTOMATIC AID AGREEMENT page 16 DRAFT COPY Part F MEMORANDUM OF UNDERSTANDING Equipment List Materials & Radios KALIFORNSKY BEACH FIRE DEPARTMENT: Crew Water Cap GPM Year Foam Gal Pumpers: 4-1-3 1 S00 1,000 1972 30 Tankers: 4-2-3 2,500 500 1952 00 4-2-4 2,500 500 1974 00 Portables: 4 - Maxon CS-051S-HD (4 channel) • AUTOMATIC AID AGREEMENT DRAFT COPY page 18 NIKISKI FIRE DEPARTMENT: Name Experience Rank Medic Rescue Certification Lazov Robert 2 years Firefighter Lobdell, Brad 5 years Firefighter Lobdell, Jesse 16 years Asst Chief McDonald, Janet Firefighter McGahan, Jack 17 years Lieutenant Miller, Ty 13 years Engineer Paramedic Diver Nightingale, Doug 10 years Engineer EMT II Diver O'Connor, Steve Batt Chief Paramedic Diver Dir Paramedics Oliva, Louis 9 years Lieutenant f Otis, Ron Firefighter Ralston, Craig 6 years Firefighter EMT III Diver Robertson, Robert 14 years Batt Chief EMT II Diver ' Saari, Carol 10 years Firefighter Paramedic Diver Stewart, Bob 9 years Engineer EMT II Diver i` Thirlwell, Joe Firefighter EMT II +. _ ' Unruh, Dave 17 years Batt Chief Paramedic Diver Willis, Al 40 years Fire Chief Administrative Wilsack, Duncan 15 years Firefighter Woods, Mike 8 years Firefighter Paramedic Diver i'. Yezierski, Phil 2 years Firefighter j,t i DRAFT COPY AUTOMATIC AID AGREEMENT page 19 Part G MEMORANDUM OF UNDERSTANDING j Personnel Data KALIFORNSKY BEACH FIRE DEAPRTMENT: March 6, 1987 Name Experience Rank Medic Rescue Certification Ar.r Andersen, D Probationary -------- — -- - --- Anderson, J Engineer EMT II Alaska FF I Campanella, T. Probationary i Downs, T. Crew Chief 110 bra Cart Fairchild, J. Captain 110 bra Cart 4. Gibbons, J. Firefighter EMT I 110 bra Cart -' Green, J. Crew Chief EMT I 110 bra Cart h 'i Hale, G. Firefighter EMT III 110 bra Cart tI Hope, R. Probationary Johnson, P. Firefighter EMT I 110 bra Cart Krueger, T. Engineer EMT II Lacey, Do Crew Chief 110 bra Cart Lackey, T. Probationary °j Paramore, M. Firefighter 110 bra Cart Phillips, C. Probationary �4 Resnick. R. Probationary Riley. R. Probationary Rude, T. Engineer EMT II Alaska FF I Scott, T. Captain EMT I 110 bra Cert :.---------- ----- St. Clair, M. Engineer EMT- II - - -- .r L I -- - - -- AUTOMATIC AID AGREEMENT DRAFT COPY page 20 KALIFORNSKY BEACH FIRE DEAPRTMENT: March 6, 1987 Name Exper_ ience Rank Medic Rescue Certification Taylor, S. Probationary ' Tenpanny, S. Captain EMT I 110 hra Cart Ward, D. Firefighter EMT I I i ij :fitt 5 .:i L� 3 11f y a: L �yy�i.YY.!rti" i AUTOMATIC AID AGREEMENT page 21 Date Date Date Date DRAFT COPY Alfred B. Willis Fire Chief Nikiski Fire Service Area Alf red Ivanof f Fire Chief City of Kenai Tom Scott Captain Kalifornsky Fire Service Area John Fairchild Captain Kalifornsky Fire Service Area . N F-0 mm To: William J. Brighton, City Manager PROM: Charles A. Brown, Finance Directo f 44 DATE: June 10, 1987 SUBJECT: Grant Writer I have read the ad in today's Peninsula Clarion requesting proposals for a grant writer. I have not been asked to be involved in this project, nor do I particularly want to be involved. However, I assume that at some time I will be asked to pay a grant writer for his/her services, and request reimbursement from the _ granting agency. it is my belief that most granting agencies will not pay for a grant writer's services (they will not pay a "finder's fee"). Based upon this belief, I don't understand the sentence in the ad that reads: "This is a non-paying position and the grant writer will y be expected to work on a fee basis, funding of which --_- -" --- should be a part of the management portion of the grant." It seems to me that the only way this grant writer will receive compensation from grant funds is for management (administration) of the grant project. Does this mean this non -employee will be - administering a City project? or, conversely, does this mean City employees will not be administering such projects? z� I'm sure you understand that I will not simply issu-a a check to a successful grant writer, label it management fee, and hope for the - best at audit time. {- cc: Janet Whelan, City Clerk I I OfTY OF KE NAI I RBOUB3T FOR PROPOIIALB i The City of Kent Is aseNUg pmposels from qualified persons for tM purpose of developing a grant writing program. Respondents 111 should Include resume of past experience and examples of grants ( .._ gbfained. and a percentage sohedula of management fees ohuged . Ifor the development of grant. ,. TM responslblNy of the grant wdbr WIN bs to work exdusiwly on the preparation of gram appNoaf u for the City of Kent. These grant applicetioru owt consist of. but not be limited to, pubic and pMategrantsofeva mMav lWMefahed laslopmentotmumm- I • Ilbrary, recreation, tourtem and public wort. This Is a nonlM tng potion and die gnrd writer wo be **acted to work on a fee baala. 1 funding of wMch should be a part of the managsmed Portion of Mis i g pry must be et CNy FWI. 210 Fldtgo. Kenai. AK gge11, --- -- - - - - - - - - I no rNer 1hN Monday. June-29,1987, 18:00 Noon. J" Whelan City C" 11- s yr. i 1{: t� RECEIVED AIFO —,5 : �aAIIIIIICCIATII!Ms JUN 101987 Mo1„ANM INC. nr-p y, rolrW PROFESSIONAL ENGINEERS, SURVEYORS & PLANNERS June 10, 1987 �,., .>x,,... •��,.. I Mr. Keith Kornelis City of Kenai Department of Public Works 210 Fidal$o Street Kenai, AK 99611 I f Reference: Construction Services Our Invoice Numbers 6200 Billing Period: 86-4045 4-19-87 - 6-6-87 87-4009 Schedule B, G.A. Apron 4-19-87 - 6-6-87 87-4011 Taxiway Improvements 4-1-9-87 - 6-6-87 i i Amount Total ' r Contract This Amount Schedule Amount Invoice To Date A. • a Schedule A -Site Fill 86-4045 29,500 10,452.39 1-/ 28.544.93_ 9% �. ;{ Schedule B - G.A. Apron 87-4009 22,700 i6 rs i s Sub -total (FAA Portion) 52,200 .dam Schedule C, D, & Add. Alt. 1 & 2 7,yl3,00 9S?6.00 Taxiway Improvements 87-4011 22,800 .%10+ re0- Totals 75,000 (1) -------=-- .�Jt7frTr ' (2) Total this Invoice - 1 (1) Contract Amount 75,000.00 (2) Total -Invoiced to Date - To s7, bry,drf (3) Contract Balance 17 ---=------- .—„ . ���3Y'r /S" LE1164 OPFOR COUNCIL h City Q,nr. ALUM- "u411C Jtks —LI City CIB:rf''a��'• ji i,�} �Hglnai 'fla� uowuteJ 6Y-r�- 1 P.O. BOX 466 SOLOOTNA. AK 99699 807-253-421 S 1 F A. Y to k MI Ed ,f 9 .NFO- to rn o� o� o� o► m o► C_ t r o 1111 m00000 a � � a -4-jJ J tAt Zr4t-fOD tD tD r• o CD tD tD toto . a n a As a ha0a+Nr ct %o a► 0o w w%ou"a000W w a0WUl000 OOONOCO LI (p 000000o rt 1{ � N � O ' to 0 0 M 0 tD r t+•fD 00�10 mNb t] f� O N M► • N 7e rn r• r• aa0KMy �o ham+ O � �N(DD 44 MH. f�+0 O' O y • •v w to •ty QN NN z ��oo�ao � � ro pry� M:•aawrtg rtaccar•S a N N tDM►Nt M:3W W N ~ p �G of (A to 06 tD O H. M A•0 ra v to W. to trwarta tDrt rta��~rnM �•+, a za � o MfD�NWM0 •ti r• r• rt a rt � o rt •o tD � �ra wwaK - AC - a w �• r"r H Wa � C+ • o •v ort n3 3.5^ 5 > a, r) Q r' 3 3 pi Rn p n.•7 ;; o a y r� q n r; F: '; '1 q 0 ° 41 n . T Y rm V. 0 TO n a DeOnm a• sr. u.•a 7• u. �. 4 n _ R ��'.• n N G A 50, Cl O n fj ,y, DTI ` h o°C11�Lvn3 l9 7w _ 31 ~r�ip•� v r: :2.a°v �„� ' N x°� Q3Y'�ns'J•O iti Zia. m A4"�1N0 d C) �•q n (�1 •it o 7 m FOR COUNCIL MLCiC:3 G: 6.17—87 Z �—d City U.tr. -----L] Attorney ,A� Pubac t'Jc,ks-----•jj Clty Clerk �' FLPr -, r - _.. V Qdgbwt . • t ii d` „!• N B t n O s o _ — C TT ro 7 � N N ` cg Ow c rCJi CL a! a M a: 0 ror � � n S w A : d• 71 �4AtA •., o a. is n4�eD oa o cr 2. O n � I Y '• N f- -4 �v -4 m 0 `/� � O 31 o 0 a ° y o a ;. n ? � �• •o yp r 6! D U. C1 3 m• c) r" 2 N g° 5 , C m Q O:° CAn C � O4 L zr3 0 o m ••1 T u � O o. amo O T •A O ` � � � fC f' �» W Cl ci A c% OV o W • fin. n �r 0 A 64 N z A 7 x to n .1 N r+ r o o n _O r• "� O N M O Y n o a O� f'► r r o z `pv O M O � ` P \ pr, r.•r � O A r b Z On �7. m v 0 �°4 n 0 z Q v 1y M N "'I CONSULTING ENGIN Wm. lNelson &Associales BTRU:TUiAL /CVIL /PLANNING 81B FIOALGO, SUITE 204 KENAI, ALABKA SSB11 (907(283-36Qr- RFGF1vrn t.� JUN 101987 I June 9. 1987 ', We" DIPL Keith Kornelis M� Public Works Director /���°ram , City of Kenai U Box 580 ` Kenai. Alaska 99611 Res Kenai Boating Facility - Certificate for Payment No. 9 - Dear Mr. Kornelis. Attached is a copy of Certificate for Payment No. 9. The Contractor has signed the Certificate but has informed me that he does not agree with the calculation of payment for driving piles. In order to expedite payment for the items we do agree on 1 am submitting the Certificate as is. The areas of disagreement can then be settled at a future date. prior to project close out. A memo from the Contractor is attached to the pay estimate. WHIM IBM 891981 The project has proceeded smoothly and the dock is now 98 percent �I complete. Other Basic Bid Items including electrical and water supply to the dock are approximately 454 complete. The latest estimated completion date by the Contractor is that the Basic Bid Items should be complete by June 17. Alternate No. 19 the fueling facility probably will not be cam - pleted by June 17 but may be ready by June 25. Alternate No. 2A. Crane should be ready by June 17. �I Alternate No. 3. Restroom is dragging along slowly and unless �- things change I don't expect it to be complete until the middle _ of July. Alternate No. 4, Repair Grid is complete except pile straps are I 1 oversize and need to be corrected. Sincerely. illiam J. Nelson. P.E. } WJN/mn 1% t Is -ncsv�n„e 3 -7 t PAY ESTIMATE CITY OF KENAI AIP NO. 3-02-0142-03 KENAI MUNICIPAL AIRPORT 1986 IMPROVEMENTS Pro j ect AIRPORT SAFETY ZONE, GA APRON, a TAXIWAY IMPROVEMENTS Contractor ZUBECK, INCORPORATED 7�/ Y�p 0 0. to 9� Address 7983 SPUR HIGHWAY J KENAI, AK 99611 Project No. 86-4045 Phone (907) 263-7369 Period From 5-13-87_r to 6-10_87 ANALYSIS OF ADJUSTED CONTRACT MOUNT TO DATE C1 Original contract amount $943,007.00 O2 Net change by change orders S 4,280.57 sIR 7).2v. r7 O3 Adjusted contract amount to date $947.287.57 ?1' -1 F ANALYSIS OF WORK COMPLETED ® Original contract work completed $603,241.00 OAdditions from change orders completed 4,110.50 ✓/ ✓ 0 Materials stored at close of period 17,693.28 Q7 Total earnedO+OS +©n 625.044.78 Or �1 ® Less retainage of 10% percent 62,504.48 �✓ f Q Total earned less retainage( 562,540.30 ll Less amount of previous payments 449,481.75 ✓ . -- due this payment Balance $113,058.55 - - rOR COUNCil. 1,1LttC.4 U� --» CC: WHO WA2---._.0 City Cleft' McLanes & Aseociates �°-jj�rlaa;.� g d, r !� :,ubwitt�J 60neil Olt 046 U rvl Ct....� . �'. ", w � • 'i i u . Page 2 of 10 PAY ESTIMATE N0:10 AIP NO. 3-02•-0142-03 4�� KENAI MUNICIPAL AIRPORT 1986 IMPROVEMENTS fl AIRPORT SAFETY ZONE, CA APRON, 6 TAXIWAY IMPROVEMENTS CERTIFICATION OF CONTRACTOR' Aecordinle to the best of my knowledge and belief. I certify that all items sad amounts shown on the lace of this Periodic Eselmsa' , lot Partial Payment see earee++t that all work has been performed and: or material suppll@d i uli setgrdansa wit 1h1e require onto Of ill* 10198#Accd Brut and correct statement .o( heocontreet account up tomand ineluJing the last day of be peer�i�oodreo eyed by this Pctlodie B,iifineaI that no pare of the Balance Due This Parmont" has been to do and that the undereiSned and his subcontractors have -(Chock annraabr• t+n•) - a. [Z�Compiied with all the labor provisions of said contract. b. G Complied with all the labor provisions of said centloct except in those instances whet@ on honest dispute eteiats with to. cruet to said labor provisions. fit (b) In tMsned, describe t•tletlr nalute at dispute.) t ZUBECK, INC. .� By (Cunuaasr! - (O-lsnotwo of Awherl pwaematw) 19 Title ?i• ` f I CERTIFICATION OF ARCHITECT OR ENGINEER 1 evnHy that 1 harw chvekwd and vvrilled the above and iwvpuing PwrioJh; tistim uv (w P.lrlial Pavmcm% that lathe %vat of my know1vJpr: and belief it 6 a true and weetvef ►tstwmwnl fai wwk rvolwenvil anVor malveial nupplivJ by she eanuaclwt that all *-felland. rr matvrial iavluJvJ in thin Pttadie t+Nmafw has been tn.rt•tttd by me .10J ar by my Juty authdrireJ rwrtevensative or area+ant% and fh.ee it h.jir been rlloollmed anJ '•v nurplivJ in lull a:enrJdnev with rvquiretnveses ill 1hw rvtervncu eumraefl and that partied 1•avmem elaimaJ and rvquvalvJ by she cuntravtur is vurractiy vumrulvJ too, shu basis ut work pvnormval anJ'vt mile. rial .urpitvf t:• J.rty. tAr•msrra a.► rosm•rq McLane 6 A880CiateB `e)- 9,):z.� PR!•PAYIAEIIT CERTIFICAT1,011 BY FIELD ENGINEER Cbv4h qp• ut Paataaarar r.VNr.rdt lharr.•hvcl.v.l filh rrnm.uv a.ain.r flow e•unr.a:t.a'. SehroMle of dm•utnl. for (7•altravt 11 armonra. the n•ua•. and repute• el my $11%Iwetun•. 6-1 shr 1•foirtf..118.1 fl* 1•4•rn..14 u•1.41..ui•entivJ by tha• .trclfflvve a•n}fe•rwt. It a% aw ariellon float the .saft-ment ol warb �wrf..fmt f MM .e malrrf.fit u1•rhe.1 i,.t:. state, pa.ft flaw . rnu.awNv h rb.wrrsng flow evyulrvmvnus •n slow wantta.l. and that t.v c••ntracau .huul.l N. r.10.1 file anumill rt••1tay.ftJ .16utr. _ i.utis• ft..n a.i .•..r: all.l of •-t.urral. us.tu IN t••uua.1 h.%% 114.1,11 in.ivctt•J 1•) nfe• anJ sues is ha. bvru moo.vmva anJ'at cup- 1 an:v a leis env a•yufp e*•oil . •.t 11.w ♦aferart. Ipa:a e:aaeanr•r1 1Dau1 -- - - (r-- ----- McLane 6-ABaoeiatea - - - \- - - - -- -- — .ilrr.•tvJ .ann..: bat l'rbv' Datrf L W'RPMaSDAY. JVKP.. 10. 1"? Justices Rule For Landowners In Zoning Case local Governments Liable For Damage if Lows Deny All Use of Land L r-ntF:-U-10 CITY OF KENAAAI KENAI-PENINSULA BOROUGH �� •-� �• REGULAR ASSEMBLY MEETING J:T /A / MAY 19, 19871 7c30 P.M. BOROUGH5ADMINIS ATION BUILDING I -AGENDA - _Page No. CALL TO ORDER 1 B. PLEDGE OF ALLEGIANCE 1 C. INVOCATIONS Rev. Dale 0. Johnson, Assembly of God 1 Soldotna i D. ROLL CALL E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS - F. APPROVAL OF MINUTESt Spec. 4/28/87 6 Reg. 5/5/87 1 , G. COMMITTEE REPORTS l (a) Finance (Crawford, Carey, O'Connellt Nash, Moore, Johnson) (b) Lands/Resources (Skogstad, Johnson, McGahan, Mullen. O'Connell) (c) Legislative/policies (Glick, Phillips, Carey, Crawford) (d) Local Affairs (Moore, Phillips, Mullen, Walli, Hodgins) (e) Public Works/Education (McLane, Skogetad, Walli, II McGahan, Keene) (f) Data Processing (Johnson) H. MOTIONS TO RECONSIDER ` I. AGENDA APPROVAL AND CONSENT AGENDA f� • (a) Vacate Portion of Carolyn Dr., Between Bruce and Gail Streets, Kachemak Estates Subd., Sec. 12, T68, 1 Apprd . R 13 W, S.M., Alaska and Kachemak City i ` (b) g CivictActivities aikias for tthisTimeofPublic Apprd ! Servvicedand Retirement" (Mayor) J. ORDINANCE HEARINGS i d, (a) Ord. 87-21 "Clarifying the Powers Exercised in the 2 Enctd t en neuIs. Recreation Service Area" or J (Mayor, Req. of NPRSA) �. K. INTRODUCTION OF ORDINANCES i (a) Ord. 87-26 "An Ordinance of the Kenai Peninsula oro� u' r sake, Providing for the issuance of 6 HRG General Obligation Bonds of the Borough in the Princi;al Amount of Not to Exceed 6/2 p�gregate SiS0,000,0G: to Provide Funds Required to Refund Certain Outstanding General Obligation Bonds of Such Sonde the Borough, Fixing Certain Details of and Authorizing Their Sale. This Ordinance Will Be Adopted Only Upon State Legislative Approval of Bond Refunding' (Mayor) d 'j L. CONSIDERATION OF RESOLUTIONS ` (a) Res. 87-45 "Granting the Kenai Peninsula Nordic Ski u a and Use Permit for the Construction and 2 A ptd --- ---- - - - --- Maintenance- of Trails Across Borough Owned Lands" (Mayor)- ,. . ' --�= - ---- -- - - - -- -1-- - - (b) Res. 87-46 "Establishing a Task Force -to Examine - - erne ve- Souses -to uuvrent Revenue -Means- Within- 8 _ Adptd - --- the Borough" (Moore) _ .-- ..1 Paste Nbr. (c) Res. 87-47 "Opposing of House Bill 274 Which Would 11 ncTTde "bite Undefined Term "Mental Abuse" Within the Adptd Definition of Child Abuse Under Alaska Statutes" (McGahan) (d) Res. 87-48 "Increasing the Sterling Special Waste 12 Amount $269,319.46 by Pstpd ' Me Closure Budget in the of Monies from Various Solid Waste Capital 6/2 Transferring Accounts" (Mayor) M. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noteds not t:s action this meeting.) ^ (a) Ord. 87-22 NEARING 6/2 (b) Ord. 87-23 NEARING 6/2 (c) Ord. 87-25 NEARING 6/16 (d) Ord. 86-85 POSTPONED INDEFINITELY N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA P. MAYOR'S REPORT 14 Q. OTHER BUSINESS (a) Vacate Portion of Unnamed ROW East of Lots 75, 76, 771 14 - West of Lots 50, 52, Fblz Subd., Section 27, Township 1 A North, Range 1 West, Seward Meridian, Alaska MT[t MCGshan 6-2-67 '• R. ASSEMBLY AND MAYOR'S COMMENTS 14 S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND ADJOURNMENT (June 2, 1987) 16 E , i KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MAY 19, 19871 7%30-P.M.---- - BOROUGH ADMINISTRATION BUILDING SOLDOTNA. ALASKA 0�1 A. CALL TO ORDER Pres. Jonathan Sewall called the regular assembly meeting to order at approximately 700 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION% Rev. Dale 0. Johnson, Assembly of God Soldotna D. ROLL CALL PRESENT% Assemblymembere Carey, Rodgins, Glick, Keene, Johnson, 4 M-0ahan, McLane, Moore, Mullen, Nash, Phillips, Sewall, Skogetad, Waili� Mayor Thompeons Admn. Aset. Beets Finance j Director BBrtonI Engr. Conyerei Atty. Boedskert Aset. 4 Assessor Aikins, Deputy Borough Clerk DeLacee i EXCUSEDi Aseemblymember Crawford E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES% Spec. 4/28/87 & Reg. 5/5/87 The minutes were approved as amended. 0. COMMITTEE REPORTS (On items other than agenda items.) (a) Finance (Crawford, Carey, O'Connell, Nash, Moore, Johnson) (b) Lands/Resources (Skogetad, Johnson, MCGehan, Mullen, O'Connell) (0Legislative/Policies (Glick, Phillips, Carey, Crawford) (d) Local Affair Phillips, Mullen, ejMoore, WalliChairman Moore said the committee discussed the grievance filed by Alaska Public Employees Association (APEA) and approached it from the standpoint of whether the assembly had anything to do in connection With it at this time. The committee determined they did not have involvement at this time until budgetary time which necessarily involves some of these concerns. (a) Public Works/Education (McLane, Skogetad, Walli, McGahan, Keene) (f) Data Processing (Johnson) H. MOTIONS TO RECONSIDER 1 I. AGENDA APPROVAL AND CONSENT AGENDA (a) Vacate Portion of Carolyn Dr., Between Bruce and Gail Streets, Kachemak Estates Subd., Sec. 12, T68, r' R 13 W. S.M., Alaska and Kachemak City WITHDRAWN FROM CONSIDERATION PENDING CONSIDERATION BY KACHEMAK CITY. (b) Commending Robert Aikine for His Long Time Public Service and Civic Activities at this time Of His Retirement (Mayor) ' Pree. Sewall read the resolution aloud and Mrs. McGahan expressed her r appreciation for Mr. Aikine expertise through the years. Aesembiymember Mullen requested -that -Res. 87--45- be -'placed_ -first -_for - . 5: consideration prior to Ord. 87-26 and there was no objection. -"-; -- ---- ------ _ - - IRE -CONSENT AGENDA WAS -APPROVED BY -UNANIMOUS -CONSENT-.-- ----- .1_ - r } j� f}. fti a 4r � f L i Kenai Peninsula Borough Regular Assembly Meeting May 19, 1987 • r J. ORDINANCE HEARINGS (a) Ord. 87-21 "Clarifying the Powers Exercised in the os en nsula Recreation Service Area" (Mayor, Req. of NPRSA) ASSEMBLYMEMBER JOHNSON MOVED ENACTMENT OF ORD. 87-21. _ Local Affairs Chairman Moore advised the committee recommended "do page". hearing opened and closed as there was no comment. Public was Aseemblymesber McGahan said language within tho ordinance specified recreational use within the service araa to counteract rumor that there would be an ability to have recreational powers throughout tUs a borough based on the ordinance. ASSEMBLYMEMBER MC GAHAN ASKED UNANIMOUS CONSENT APPROVAL. OBJECTION WAS VOICED. ' Ageemblymember O'Connell asked the overall intent. Assemblymember Johnson, president of the service area, advised existing langguuagge { - - - - - - provided the service -area could build and maintain -a pool., in 1979, to t voters reflected they did not want to limit recreational powers the but the ordinance was never changed to reflect such. at pool :semblymember O'Connell asked what specified language was being changed. Mr. Johnson said by removing language restricting powers to construction and maintenance of the pool, other recreational activities would be brought under the umbrella of recreational powers. ORD. 87-21 WAS ENACTED ON A UNANIMOUS VOTE OF 15 YES - (a) Res. 87-45 "Granting the Kenai Peninsula Nordic Ski u a Land Use Permit for the Construction and Maintenance of Trails Across Borough Owned Lands" (Mayor) ASSEMBLYMEMBER MULLEN MOVED ADOPTION OF RES. 87-45.' L_i__ly__K__l__o__es��. Kenai, said the trail was needed for public use and the .� c-Tu__wou— be putting in their time and effort with no public tax dollars. She felt it would be ideal for tourism and school activities. Assemblymember McLane asked if the proposed trail would be tied in l Ms with the trails at the refuge and M. K1oee said it would not. He asked if the Club maintained the existing trails in the refuge and she responded they do volunteer some time but some time is donated by i the refuge center. Assemblyember Phillips asked if the group had deleted reference to it was deleted in the proposed animal use from their request as ; resolution. Ms. Klathe said they had not. Keene if there would be liability Assembl•-member asked administration incurred by the borough by public use of these trails. Admn. Aset. i Best pointed to Section 3. which stated "the mayor is authorized to } sign such documents to effectuate this permit... . Normally, there is a liability clause in these documents. Assemblymember McLane asked if there were any existing ordinances pprecluding persons from cross-country skiing on borough land now. but it Adm. Asst. Beet said there was no ordinance without permit would be trespass. Mr. McLane futher inquired if persona were j prosecuted and Mr. Best indicated they were not. { Assemblymember Walli asked Mr. Best if' the forma/permits would be in an area which would not preclude the borough from developing the - - - - ----- - --?; land. ---Mr. Best -replied use- permit-s-are -issued on a five-year- -basis-- - - ,, with five-year renewals. if development were contemplated, renewal would not be issued. 7r.. .' - 2- d. _ . .......................... -- - -- 4 .. it �, A• , i L411 Kenai Peninsula Borou h Re lar haaamblv Meetin MAV 19 1987 2,,"prior torconstruction the locatid her on of the prort but oposed trail willed in bon e flagged and approved on the $round by the borough administration prior to beginning construction-" ASSEMovMSMBERlJOHNSON MOVED TO SECTION 3., he permit... "LINE 3, STRIKE/ADD r Aesemblymember Johnson said this would enable the mayor to authorize extensions based on use or lack of use and the matter wouldn't have to come before the assembly. UNANIMOUS CONSENT WAS REQUESTED. OBJECTION y WAS VOICED. administration would be theaid basis of hgisaobjecti na�e entirely up to THE JOHNSON AMENDMENT FAILED ON A VOTE OF 9 NO, 6 YESs Not Keene, Valli, M lli, Mullen, Moore, Carey, McOahan, O'Connell, Skogetad, odgins YESt Nash, Phillips, Glick, Sewall, McLane and Johnson develloppmmeentb plank being stymied by by concerned about thep users ethat future borough was under some sort of obligation due to incurred costs and efforts made by the club. Assemblyyymember McGaban felt this wasn't a concern as it seemed unlikely there wasrfullyld be awareaofsthis 5 year rtension to estriction e school within S years and Assemblymember Moore askgked administration if any adjoining land to Mry Beet High while being thisowas considered discussed but ure there'�sobeengnothing definite. LEG�LYMEMBERopINION OCAREY MOVED IT1t 9O POSTPONE RES. 87-45 UNTIL SUCH TIM A decisions -making Carey thee body. lapses opinion was if athereriwas to specific time he wished to postpone to all there would be no opportunity for the public to speak to it if pulled from the table. ASSEMBLYMEMBER CARY6AMENDED HIS MOTION TO POSTPONE RES. 67-45 UNTIL EMEETING OF E1 Assemblymember Nash was concerned about time constraints for construction by delaying the resolution. It seemed there was little difference between granting a public right of way for access to homes or ski traile in his view. ASSEMBLYMEMBER MOORE MOVED TO AMEND THE CAREY AMENDMENT TO CHANGE THE DATE OF VOICED. UNTIL JUNE 2, 1987 AND ASKED UNANIMOUS CONSENT. OBJECTION WAS ED, PTHEOSTPMOORE ONEMENT AMENDMENT TO THE EA ARE O MEN YES 3 NO CHANGE THE DATE OF YEBi Phillips, Keene, Mullen, Moore, Carey, Glick, Sewall, McGahn, O'Connell, Skogstad, Hodgins and Johnson Not Nash, Valli and McLane Aseemblymember Glick spoke against postponement as per the March request for information from the various deggpartments to be submitted �rblem therleg l. 1987. department would havwas her e made ith it con ernseknownet0 the school board or the planning department. 7 L Kenai Peninsula Borough Reaular Assembly Meetiny. May 19,_ 1987 Press Sewall relinquished the gavel to Vice -President McGahan. - Assemblymember Sewall spoke against postponement and cited compatible public uses ouch as high school cross country running at no cost to the borough. tie felt multiple use should be encouraged. Aseemblymember Johnson spoke against postponement as a measure to stifle members of the public's efforts. Assemblymember O'Connell supported postponement and possible defeat of the resolution. He felt Section 2, providing borough approval, could make the borough vulnerable to liability. THE AMENDED CAREY AMENDMENT TO POSTPONE TO JUNE 2, 1987, FAILED ON A VOTE OF 9 NO. 6 YESt NOs Nash, Phillips, Valli, Mullen, Glick, Sewall, MaGahan, McLane, and Johnson YESs Keene, Moore, Carey, O'Connell, Skogstad, and Hodgins Assemblymember Valli inquired how the club planned to eliminate animal use (horses) and enforce it. Admn.-Asst. Best stated it was administration's view summer use of the trails by horeeownere would not be incompatible with ski club use in the winter. A88*iBLYMEMBER VALLI MOVED TO AMEND SECTION 3, ADDs "community (.I Z but doesn't exclude the Kenai Peninsula Borou h from developing these boroughLands an placing -them, on t e tax rolls.- Assemblymember Glick questioned the feasibility of selling lands adjacent to the schools as generally land is set aside for the school Bits for expansion. Otherwise, later land must be purchased. Assemblymember McLane spoke against the amendment expressing disbelief the granting of use of land 7 miles long and 12 feet wide would preclude other uses of the land. THE VALLI AMENDMENT FAILED ON A VOTE OF 13 NO, 2 YESt NOs Nash, Keene, Mullen, Moore, Carey, Glick, Sewall, McGehan, O'Connell, Skogstad, Hodgins, McLane and Johnson YESs Phillips and Valli ASSEMBLYMEMBER NASH MOVED TO AMEND RES. 87-45, SECTION 1, LINE 2, STRIKE "non-motorized"t SECTION 2. LINES 1-6, STRIKE 1ST SENTENCE IN ITS ENTIRETY.t LINE 6 STRIKE/ADDS "The Kenai Peninsula 'Nordic Ski Club (is also shall be re uired to submit an as -built site plan locating the construc a trail."t ADD NEW SECTION 3., "The use of motorized vehicles or dog teams shall be unlawful on said trail. t RENUMBER EXISTING SECTIONS 3 AND 4 TO 4 AND 5. Assemblymember Nash stated the purpose of the amendment was to clarify the intent of the non -motorized reference and to assure the trail would not become a 4-wheeler, snow machine or dog team trail in the future. Additionally, this would eliminate the borough's position of approving the site plan or construction. i t Assemblymember Mc0ahan expressed support for the Nash amendment, however, she felt inclusion of Ianguage regarding posted prohibition of horses might be good. Mr. Nash said he didn't see how one - revented the moose from using lthe trail so he hadn't included such anguage. i Atty. 8oedeker said there seemed to be confusion as to the purpose of Section 2. He explained Section 2., was inserted not to require '. specific approval of design but to simply let the borough know location of the trail prior to construction. Aseemblymember Johnson expressed frustration with the attempts to --,'---- - - - amend for every eventuality --and suggested letting the mayor use. his administrative powers. -4- C -- Kenai Peninsula Borough Regular Assembly Meeting May 19. 19B7 0 I f r ASSEMBLYMEM@ER SKOGSTAD ASKED FOR A DIVISION OF THE NASH AMENDMENT; SEPARATING SECTION 2., FROM SECTIONS 1 AND 3 AND RENUMBERING 3 AND 4 ACCORDINGLY. DELETE LIN SR IMC 6AD LETIOVED TO NG THE FIRSTDTHE SENTENCESOF AMENDMENT ECT SECTO NOT TION IN ITS ENTIRETY. ASSEMBLYMEMBER NASH WITHDREW THE AMENDMENT TO SECTION 2., FROM HIS AMENDMENT MAKING THE MC GAHM AMENDMENT MOOT. ASSEMBLYMEMBER MOORE ASKED UNANIMOUS CONSENT APPROVAL OF THE NASH AMENDMENT. THERE WAS OBJECTION. THE NASH AMENDMENT WAS ADOPTED ON A VOTE OF 9 YES, 6 N0; YES, Nash, Keene, Mullen, Moore, Glick. Sewall, McGahan, Skogstad, and Hodgins N0; Phillips, Walli, Carey, O'Connell, McLane and Johnson Assemblymember O'Connell asked Adm. Asst. Sam Best what the granting of a land use permit entails and its authority. Mr. Best responded basically what the group requests dependent upon the group and the varying use. Atty. Boedeker advised -the permits are tat -loved to meet the specific situations. Specifically, he said there would be provisions that once the site is located, the club would be restricted to what's reasonably necessary to utilize their trail area for permitted activities. Further, there will be provisions about responsibility for maintenance, clear delegation of authority and clauses stating the borough is not responsible for any maintenl be clausesafor insurance, provisions for termination nce or ukee. if the ski club is aof tble, there l he Permit upon non-compliance, etc. Aseembigmember O'Connell further expressed concerns about the new Sky View High School being surrounded by the Sterling Hwy, and the proposed ski trail. He thought students might want to ride motorcycles or snow machines to the school but this agreement would prohibit it. He g further asserted he didn't see anything in the carob ss inhightq deshreabie hadprolooked at what it really wanted to do RES. 87-45 WAS ADOPTED ON A VOTE OF 12 YES, 3 N0; YES; Nash. Phillips Walli, Mullen, Moore, Glick, Sewall, McGahan, Skogstad, Hodgins, McLane and Johnson NOt Keene, Carey, and O'Connell ASSEMBLYMEMBER CAREY RAISED A POINT OF PARLIAMENTARY PROCEDURE, STATING ON HIS MOTION TO POSTPONE THERE HAD BEEN QUITE A BIT OF DEBATE. He felt he'd inquired whether debate was allowable but he'd not inquired directly. He quoted from Section 369 of Mason's "Debate on a motion to postpone may only be on the time to postpone: He asked for a parliamentary decision whether debate should have been allowed that occurred. Pros. -Sewall responded he'd not heard Mr. Carey's query regarding debate upon which Mr. Carey concurred he'd not askedd over the microphone. Pres. Sewall advised he'd asked Vice President McOahan who'd indicated Limited debate is allowed on postponing to a time certain, may be amended as to time, and may be reconsidered. Parliamentarian Glick noted Section 369 of Mason's, Subsection I. Staten, "On the motion to postpone to a definite time the question of postponement is open to debate but the main question is not. Mrs. Glicksaid her recollection of the debate was whether to postpone or not. -5- t Kenai Peninsula Borough Regular Asse«ibly Meeting May 19, 1987 K. INTRODUCTION OF ORDINANCES (a) Ord. 87-26 "An Ordinance of the Kenai Peninsula Borough, ae a, roviding for the Issuance of General Obligation Bonds of the Borough in the Aggregate Principal Amount of Not to Exceed $150,000,000 to Provide Funds Re uired to Refund Certain Outstanding General Obligation Donds of the Borough, Fixing Certain Details of Such Bonds and Authorising Their Sale." ASSEMBLYMEMBER GLICK MOVED INTRODUCTION OF ORD. 87-26, AND A SHORTENED HEARING DATE OF JUNE 2, 1987. Public hearing was opened and closed as there was no comment. Mayor Thompson said all the borough mayors and finance officers had worked on this bill in Juneau. No said the bill was passed almost unanimously by the House and was passed unanimously by the Senate. Unfortunately had the bill passed earlier in the general session municipalities would have had been able to more fully avaif themselves of it this year. At this point, he said the Kenai Peninsula Borough would be refinancing approximately $85 million and move the bonds from ten 1 10) years to 20 years. Current interest is about 62, while the borough's bonded debt is from 7% to 134$. Therefore, `ts felt the restructuring the bonds should be done as soon as possible. — Theoretically he said if the bonds could be restructured at six (6) percent over 20 years there would be no increase in cost. However, there is some added cost due to increments and the cost of refunding. He said in the long run, the borough would be paying more interest but the yearly, payments would be lower than prior to refunding. He said if the ordinance were introduced, heard and enacted by June 2nd, prior to the Jung 14th mill rate deadline, there could be an approximate cost savings of one mill this year. Passage of the ordinance would be conditional dependent upon the governor's signature. Assemblymember Carey said he would support introduction but hoped '• there would be a campaign to educate taxpayers about the added long term costs for the one mill savings this year. Assemhlymember Keene also felt the ordinance should be introduced but concurred with Mr. Carey's concerns. He asked administration if the ordinance weren't taken up on the June 2nd meeting but on the 16th how it would effect the overall restructuring. Mayor Thompson said if it were not accomplished before the 14th, the assembly would not be able to set a mill rate. Additionally, he said the longer it takes to accomplish the higher the interest rate might rise. ASSEMBLYMEMBER KEENE MOVED TO AMEND BY SETTING ORD. 87-26 FOR A JUKE 16, 1967 HEARING DATE. Mayor Thompson indicated beyond the one (1) mill savings this year, there would probably be a savings of two (2) mills next year and savings for several years. He also noted the voters approved sale of the bonds with no specified life of the bonds. They were sold for a ten year maturity because there was plenty of money. He indicated there'd been several articles on the paper regarding the issue ani he'd spoken on it several times. Aesemblymember Keene noted the one mill levy would be affected al this time, not future levies by hearing the ordinance on the 16th. Aseemblymember O'Connell felt there wouldn't be any savings bul spending millions of dollars more. What was being done wai postponing collection of a mill or two over the period of twent; years. It was his opinion this would cost $10 to $20 million more. Assemblymember Johnson was against postponement. He felt thi expertise of the legal department would prevent the borough froi getting into a paper shuffle that would cost the borough more. Assemblymember ..McLane- felt. at the time .of the public hearing it- we certainly the prerogative of the assembl to extend the publi hearing if there is insufficient information -6- r �� I k 0 Kenai Peninsula Borough Regular Assembly Meeting May 19, 1987 Assemblymember Skogstad spoke in support of the Keene amendment as he was also concerned about notification of .the public. He indicated he'd received a number of telephone calls the concern about the restructuring. THE KEENE AMENDMENT FAILED ON A VOTE OF 8 NO, 7 YESt NOt Nash, Phillips, Moore, Glick, McGahan, Hodgins, McLane and Johnson YESt Keene, Valli. Mullen, Carey, Sewall, O'Connell, and Skogstad Assemblymember O'Connell asked about the maturity length on the bonds to be restructured. Mayor Thompson said the length was ten (10) years to 15 years. Finance Director Barton said the earliest maturing bonds were in 1994 and latest in 2001. Mr. O'Connell felt ae long an the State was paying a good percentage of school debt - even if only 562 - the borough shouldn't send a signal to the State to dieaontinue payment of school debt. Assemblymember Johnson asked Finance Dir. Barton it it were possible to restructure existing bonds at a lower rate of interest than currently held. Mr. Barton said it was possible but not probable. *THE GLICK MOTION TO SET HEARING OF ORD. 87-26 FOR JUNE 2, 1987 WAS DECLARED ADOPTED ON A VOTE OF 10 YES, 5 NOt YESt Nash. Phillips, Mullen, Carey, Glick, Sewall, Skogstad, Hodgins, McLane and Johnson NOt Keene, Valli, Moore, McGahan and O'Connell ASSEMBLYMEMBER RAISED A POINT OF ORDER QUESTIONING THE CHAIR ON THE INTRODUCTION OF ORD. 87-26. *President Sewall announced although it had been announced Ord. 87-26 was set for hearing on June 2, 1987, there had been an insufficient ' vote for such an action which would have required a positive 11 vote. ASSEMBLYMEMBER GLICK MOVED TO SET THE HEARING DATE OF ORD. 87-26 FOR JUNE 9, 1987. ASSEMBLYMEMBER MC GAHM ASKED THE RULES BE SUSPENDED IN ORDER THAN SHE MIGHT CHANGE HER VOTE ON ORD. 87-26. Aesemblymember McGahan said since the vote was simply to set for public hearing, she had voted no as a protest because she was against the ordinance. However, she was not against a public hearing and did not want to come back for a spuclal meeting at which little public would be in attendance. THE MC GAHAN MOTION TO SUSPEND THE RULES FAILED ON A VOTE OF 9 YES, 6 NO (REQUIRED TWO-THIRDS)t YESt Nash. Phillips, Moore, Glick, Sewall, McGahan, Hodgins, McLane, and Johnson NOt Keene, Valli, Mullen, Carey. O'Connell and Skogstad Assemblymember Glick noted the Mayor had said the assembly would be getting the results of the request for proposals for custodial contracts due at the borough on June 8th. She said this would entail a portion of the budget so at a special meeting on the 9th, the budget could be finished. THE GLICK MOTION TO SET ORD. 87-26 FOR HEARING ON JUNE 9, 1987 FAILED ON A VOTE OF 8 NO. 1 YESt NOt .Nash.. Keene,_Valli, -Moore,- Carey._.McGahan,_0'Connell.and Skogstad m. Mullen. Glick, Sewall Hodgine,-_McLane and -John -son- ___- _ ___ -7- L � F z: r. Kenai Peninsula Borough Restular AssemblX Meeting MaY 19 1987 ASSEMBLYMEMBER CARRY MOVED TO SET A HEARING DATE OF JUNE 16. 1987. PARLIAMENTARIAN GLICK ADVISED THIS WAS NOT A PER14I8SABLE MOTION AS IT HAD ALREADY BEEN CONSIDERED PER THE KEENE MOTION. ASSEMBLYMEMBER CARRY MOVED TO SET A HEARING DATE OF JULY 7, 1987 FOR ORD. 81-26. Assemblymember Keene asked clarification on the status of his amendment to set hearing for June 16th. Atty. Boedeker said the original motion was to set hearinp, June 2nd, thus, the Keene motion was an amendment and not eligible for subsequent proposal. THE CARRY MOTION FAILED ON A VOTE OF 8 YES, 7 N0: YES: Nash, Keene, Valli, Mullen, Carey, Sewall, Skogetad and Hodgins NO: Phillips, Moore, Glick, McGahan, O'Connell, McLane and Johnson Assemblymembe- McGahan advised Mason's provides that a legislative body can remind any action prey oue y taken so long as no vested rights have arisen from the original action. A motion to no has many of the same characteristics as a motion to reconsider. While the borough has an ordinance against reconsideration the same night there is no ordinance preventing rescission. ASSEMBLYMEMBER MC GAHAN MOVED TO RESCIND THE ACTION PREVIOUSLY TAKEN TO SET ORDINANCE 87-26 FOR HEARING JUNE 2. 1987 ADOPTED ON A VOTE OF 10 YES TO 9 NO, AND ASKED UNANIMOUS CONSENT. THERE WAS OBJECTION. THE MC GAHAN MOTION TO RESCIND ACTION ON ORD. 87-26 WAS ADOPTED ON A VOTE OF 12 YES, 3 NO: YES: Nash, Phillips, Mullen, Moore, Carey, Glick, Sewall, McGahan, Skogetad, Hodgins, McLane and Johnson NO: Keene, Valli and O'Connell JUNE 2, 987EANDCGARAN MOVD TO SET ORD. ASKED UNANNIMOUS CONSENT. BTHERE7-26 FWASOR POBJECTIOONUBLIC RN..ING ON THE MC GAHAN MOTION TO SET HEARING ON ORD. 87-26 FOR JUNE 2, 1987 WAS ADOPTED ON A VOTE OF 11 YES, 4 NO: YES: Nash Phillips, Mullen, Moore, Glick, Sewall, McGahan, Skogetad, Hodg;ne, McLane and Johnson N0: Keene, Walli, Carey and O'Connell L. CONSIDERATION OF RESOLUTIONS (b) Res. 87-46 "Establishing a Task Force to Examine terns ve Sources to Current Revenue Means Within the Borough" (Moore) ASSEMBLYMEMBER MORE MOVED ADOPTION OF RES. 87-46. Local Affairs Chairman Moore advised the committee recommended "do pass". Public hearing was opened. Duane Anderson felt it quite appropriate this alternate revenue area e tweet ga ed. He hoped this could be the format for venting of much public concern he'd heard over the past several months. i�. Assemblymember Moore felt it was time to look at other ways of raising revenue other than taxing the landowner. He said a few y possibilities were a real estate transfer tax, energy use tax, ad valorem taxes on state facilities, seasonal variances on the borough ----, --- ---------- sales tax, luxury taxes, different kindsof-excisetaxes,.etc.. . i F L L -I 1 I v i Kenai Peninsula Borough Regular AsoemblZ Meeting May 14 1987 YESr 0,Connell, Skogetade,eHodgins, McLane,a doJohnson Carey, Sewall, NOe Glick and McGahan ASSEMBLYMEMER MULLEN MOVED TO AMEND SECTION 2, ADD/STRIKES "That this task force shall consist of [eleven] seven members. One member shall be appointed from the assembly as the assembly representative of the teak force (1). DELETE (ore member other than the borough attorney shall be appointed from the borough administration by the e - from ADD One member shall be a ointed b the reeidento of the y assembly- e u c at Largo. our members s a a app Assemblymember Mullen said his ar ument for this was the fiscal note attached shortNis time itheY eduCememband ers the task force will got more i done in 1 Assemblymember McGahan felt it important there be a representative :_..� from administration to insure legalities and actual workability even if not a voting member. would pull expertise it m all areassforiinformation ion the task force j Assemblymember Valli asked Mr. Mullen if he would accept Kachemsk City in representation. MULLEN AMENDMENT INCLLUDDINNGABBOROUGH REPRESENTATIVE APPOINTED B ADMINISTRATION- Assemblymember McLane asked if it were possible to divide the question on this in the event the Skogetad motion'to increase was adopted and the Mullen amendment to decrease were both adopted. the original language Thus, the number would return to of eleven • (11). i Assemblymember Nash urged defeat of the Skogetad amendment because he i • felt an eight (8) member group was not desireable and with large representing the business appointment of one member at community. This would not result in the desired fresh input intended. desirelo for ae 13pmembersgroup spoke against three (3) members of ent thetassembly represented. { indicatedeohs wouldaddanother representativeed forgstad Kachemaamendment City and Assemblymember Moore urged support for the Skogetad amendment stating be found borough edit un anion representative force could function without a ASSEMBLYMEMBER PHILLIPS MOVED THE PREVIOUS QUESTION LIMITING DEBATE. THE SKOGSTAD AMENDMENT WAS ADOPTED ON A VOTE OF 10 YES, 4 NOs YES, Phillips, Keene, Valli, Moore, Carey, Glick, Sewall, McGahan, NOt Nash, Mullen, McLane and Johnson voting No. ASSEMBLYMEMBER VALLI MOVED TO AMEND TO ADD A REPRESENTATIVE FOR KACHEMAK CITY. Assemblymember Moore stated he hadn't included Kacbemak City because of the obvious differences in the taxing powers of first class cities and a second class city. Aseemblymember Phillips spoke in favor of the Valli amendment as Kachemak City-is_a.taxing entity that should be represented. .10- L Kenai Peninsula Borough Regular Assembly Meeting May 19, 1987 THE WALLI AMENDMENT FAILED ON A VOTE OF 8 NO, 6 YESi - r Not Mullen, Moore. Carey, Sewall, Skogstad. Hodgins, McLane and Johnson voting No YESt Nash. Phillips, Keene, Valli, Glick, and McGahan Assemblymember McLane expressed disagreement with the Mullen ` amendment regarding increased costa. He said the 16 member Resource l Development Commission often had fifty percent attendance and if this task force. followed suit, that would be three (3) or four (4) members. He encouraged other people to show up at the meetings for broader input, THE MULLEN AMENDMENT FAILED ON A VOTP OF 11 NO, 3 YESi i Not Nash Phillips. Valli, Moore, Carey, Glick, McGahan, Skogstad, Hodgine, McLane and Johnson voting No YESs Keene, Mullen. and Sewall THERE WAS A REQUEST FOR UNANIMOUS CONSENT APPROVAL OF RES. 87-46 AND THE RESOLUTION WAS ADOPTED. Assemblymember Keene suggested as there are four (4) districts, the members at large might well be appointed one for each district. (c) Res. 67-47 "Opposing of House Bill 274 Which Would nc u e t e Undefined Term "Mental Abuse" Within the } Definition of Child Abuse Under Alaska Statutes" (McGahan) ASSEMBLYMEMSER MC GAHM MOVED ADOPTION OF RES. 87-47. 4 Local Affairs Chairman Moore said the committee recommended "do jell pass", as amended. - Public hearing was opened and closed as there was no comment. ASSEMBLYMEMBER MC GAHM FURTHER AMENDED TO STRIKE ALL REFERENCES TO "MENTAL ABUSE" AND ADDING "MENTAL INJURY". Assemblymember McGahan advised the legislation was stuck in committee at this point so it might be better to postpone the resolution. { ASSEMBLYMEMBER MC GAHAN MOVED TO POSTPONE RES. 87-47 TO JANUARY 2, 1987, AND ASKED UNANIMOUS CONSENT. Pros. Sewall reminded Mrs. McGahan there would be a changeover in the assembly which would present a logistical problem. ASSEMBLYMEMBER MC GAHAN WITHDREW HER MOTION TO POSTPONE. THE MC GAHAN AMENDMENT TO CHANGE "MENTAL ABUSE" TO "MENTAL INJURY" WAS ADOPTED 8" UNANIMOUS CONSENT. +j Assemblymemher McGahan said her concern about inclusion of mental injury without definition might result in a disgruntled child interpreting it or the social worker. She felt it should be defined I in medical terms and the borough attorney had indicated this should i have been better defined so it couldn't be applied so subjectively. - - Assemblymember Nash - expressed disagreement with Mrs. McGahan's resolution because he had more faith In the court system and judges. decided 1 i +x He said generally speaking. Title 47 or abused childred are strictly on by a judge without a jury. He felt there are many I + situations where a child may not be physically abused but whose lives may be destroyed by mental abuse. :r Pros. Sewall relinquished the gavel to Vice -President McGahan. ,... -- -- -- -- - - -- on and --was - in- Aeeem�Iymember Sewall spoke against the resolution agreement with Mr. Nash's observation. He felt comments in the past -11- L -I k L L Kenai Peninsula Borough Regular Assembly Meetings May 19. 1987 - - - few weeks about potential suits based on situations such as refusing let child to the movies were absurd. He reflected he didn't to a go with want to g°foe one flas he e8 therep would be o afurtherll edefinition child abuse aw He h ped of the term. "for Assemblymember McOahan pointed out that in Section I. it stated She reflected the reason that the term is undefined and is vague.. was certainly against any kind of child abuse, however, this was j she an undefined term. She said she knew there had been some ; uany the circumstanceisifanyone tellsteacher overreactionOf must no matter how • report it. { i Assemblymember Moore said in his exposure to the system he knew many lives by _ a measupporout improper ed pave passage Ofintrusions govelrnment the resolution agency. Aseemblymember Walli-urged passage based on past experiences she'd have been served by seen where just by a telephone call, principals warrants from the agencies where they can't even call the parent. is a two to three year regression in The kid is picked up and there the kids by the time the problem is solved and they gat back home to the children's life —"""-- - - an environment which never was truly jeopardising at all. RESOLUTION 87-47 WAS ADOPTED ON A VOTE OF 11 YES, 4 NOt YESt Phillips, Keene, Walli, Moore, Carey, Glick, McCabe*, O'Connell, Hodgins, McLane and Johnson NOt Nash, Mullen, Sewall and Skogetad (d) Res. 87-48 "Increasing the Sterling 8pecial Waste by 9if8 LTceure Budget in the Amount of 5269,319.46 from various Solid Waste Capital - .- Transferring Monies Accounts" (Mayor) ASSEMBLYMEMBER MC LANE MOVED ADOPTION OF RES. 87-48. Public Works Chairman McLane requested a current status report on the project at this time from the borough engineer. Public hearing was opened and closed as there was no comment. Assemblymember Skogstad said this was ultimately a close-out plan for many aspects have not been l Sterling Speical Waste Site of which or determined. He said he would personally like to see the resolved final plan as to what it would incorporate for closeout before appropriating monies. He noted some $100,000 appropriated a few weeks ago concerning dewatering the pits. However, how this was to be done had not yet been determined so he was hesitant to appropriate any more money. " Engineer Conyers said to date the closure plan has been submitted to DEC and Henry Friedman from DEC would be here Thursday to make a site inspection and to provide written comments on the site closure plan. has been issued to Construction Services to •. +;, He said a purchase order remove the surface oils which has been accomplished by removal of He dewatering by s about 180 barrels for disposal in Anchorage. said was tried but didn't work so it has been shut down. Costs aeration to date have been $11.000 for surveying and the site closure plan. $4400 on oil removal, approximately $14.000 for the aeration process .� of several weeks, and $4,000 on water testing and an increase of $15.000 to Rice -Whitford contract to do the contract documents if the � DEC has favorable comments on Thursdayy or a total of about $48.000 of He the major problem in moving ahead was of m removal to date. said water. He said testing of the water for feasibility obtained have proved to be through the Kenai treatment plant favorable. ^. He said pits 2 and 3 were lined with visqueent pumped about 180.000 8_ 9 to pits_ 2- and 3. This was the - — — ----- - - - - gallons --of -water -from-Pita and -12. L 7 J 0 I I a 1 Kenai Peninsula Borough Regular Assembly Meeting Mey 19. 1987 watertested and he anticipated no problems with -disposing of this. However, as the water is drawn down, he expected the chemical concentrations to increase where they can't be disposed of in the treatment plant. 200,000 gallons of water in pit 7 have been eample tested and he also anticipated no problem with these. He said there may be another 400,000 - 600,000 gallons of water to be tested to determine if it may be disposed of in the some fashion. He said the problem with not being able to dispose through the sits forttreattment and porculationtate sin the ground ort ettuplsoment ameans to boil that water off. He said either process would be extremely expensive so he hoped the City of Kenai council received the borough's request favorably. He said in order to dispose of waters through the Kenai treatment plant, it would be necessary to get a modified EPA permit and DEC and EPA in Seattle, after reviewing tests, didn't forese any problems. He said it was dependent on the City of Kenai at this point. The other aspect beside disposal of the water is the actual claeurs plan. He said the submitted plan would leave the drilling muds in pits 8 and 9, put a cement cap over the top to encapsulate the muds and then a layer of impervious membrane to shed any rainwater or anowmelt. Pits 1 through 7-will be leveled off and sloped to drain. He said there is 560,000 in the budget which can be used for water disposal. He anticipated bringing a completed report on the meeting of the 17th. Aseemblymember McGahan asked why the water couldn't be disposed of at Soldotna. Mr. Conyers indicated the city was sensitive due to the Kenai River about such disposal and the controversy which might be generated by the guides, etc. Mr. Conyers said the City of Kenai administration had made no recommendation but had passed it to the council. Aseemblymember Carey asked Mr. Conyers if there had been pany public hearings planned. Mr. Conyers indicated hold been supplying in all information to the Waste Disposal Commission for their meetings which are attended by the public. Assemblymember McLane asked confirmation of some of the costs and his estimation of a cost of 13 and 1 3 cents per gallon. for 180,000 gallons resulting in about a $24,000 cost. Mr. Conyers confirmed this and Pnoted w uld beoready be some addition 20fees 0 000 gallons. Aseemblymember McGahan asked why, given these approximations, was it necessary to appropriate the $260,319.46. Engr. Conyers said this would provide ipor setting up the budget. ASSEMBLYMEMSER MC LANE MOVED TO POSTPONE RES. 87-48 UNTIL JUNE 2, 1987. Assemblymember McLane said he felt it obvious the borough was ggoing to have to spend a little more than appropriated so far ($100,000), and this approximate $270,000. He said the engineer's estimate was $470,000 for the solid portion of the site. He said held feel more comfortable with a more solid fix ou the liquid disposal rather then a piecemeal approach. Aseemblymember Carey said he supported the motion and hoped to see a hearing in Sterling. Aseemblymember Nash felt it time to pass the resolution and not to postpone. THE MC LANE MOTION TO POSTPONE RES. 87-48 TO JUNE 2, 1987 WAS ADOPTEE ON A VOTE OF 10 YES, 5 NO: YES, Wa-iTi,-Carey; Glick, Sewall, McGahan; O'Connell, Skogetad,- Hodgins, McLane and Johnson NOr Naeh, Phillips. - - Keene, - Mullen- - -and -Moor) -13- C, L V Kenai Peninsula Borough Regular Assembly Meeting May 19, 1987 M. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted- not for action this meeting.) (a) Ord. 87-22 (b) Ord. 87-23 (c) Ord. 87-25 (d) Ord. 86-85 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA P. MAYOR'S REPORT Mayor Thompson said the State Assessor had advised the assessment roll of the oil andas expploration. production and pipeline value as of January 1 was $108,435.600.00. Aseemblymember Carey asked how that compared with previous asseeamente and Mayor Thompson advised he would provide that information at the next meeting. i Q. OTHER BUSINESS (a) Vacate Portion of Unnamed ROW East of Lots 75, 76, 771 West of Lots 50, 51, Folm SubdSection 27, Township 1 North, Range 1 West, Seward McAdian, Alaska ASSEMBLYMEMBER MC GAHAN MOVED TO VETO ACTION OF THE PLANNING COMMISSION ON THE VACATION OF UNNAMED ROW EAST OF LOTS 75. 76. 771 WEST OF LOTS 50, 51, FOLZ SUED., SECTION 27, TOWNSHIP 1 NORTH, RANGE 1 WEST, SEWARD MERIDIAN, ALASKA. Aseemblymember McGahan said she felt the assembly shouldn't be hasty E in vacating the right of way to a creek. She said in her experience on committees and the assembly dealing with rivers and creeks, one of the big problems was having public access to waterways. Aseemblymember Skogstad said he felt there was adequate access to the creek and this vacation would not be a problem. THE MC GAHAN MOTION TO OVERTURN THE PLANNING COMMISSION DECISION TO VACATE FAILED ON A VOTE OF 6 YES, 7 NOt YES- Nash Phillips, Keene, Valli, Mullen, McGahan, O'Connell, and Hodgins Not Moore, Carey. Glick, Sewall, Skogetad, McLane and Johnson R. ASSEMBLY AND MAYOR'S COMMENTS Assemblymember Nash asked to be excused from the comments portion. Assemblymember Phillips advised the Reapportionment Committee have finished its work and submitted its report to President Sewall. The plan incorporates seven (7) alternatives without recommendation. Plan One -- eight member assembly with a base number of 5,0001 Plan Two -- ten member assembly with a base number of 4,4261 Plan Three -- eleven member assembly with a base number of 4,4261 Plan Four -- eleven member assembly with a base number of 4.0001 Plan Five -- fifteen member assembly with a bass number of 3,0001 Plan Six -- sixteen member assembly with no base numbers and Plan Seven -- sixteen member assembly using projected figures for 1986. She said statistical information for basis of numbers included the special population census prepared by the borough on 10-2-87 and submitted to the State. Permanent fund applications by citizens in the borough as of 9-19-86 was also used. Premises used in reaching the alternate conclusions were geographic. distances. growth factor of approximately 600 anticipated in Seward with -tine --opening -of - the .. state prison-, conomic similarities and decreased population in specific re-dissri-c-ting must _first be approved by the State, ordinance and then submitted to the voters: She advised --- -14- L Kenai Ponineula Borot:gh Regular Assembly Meeting May 19, 1987 the borough than likely reapportionment after the federal census n 1991sreapportionment at hitime to probably not necessary. li on aschooi matters vised she'd a andrecapped in Juneau the past week, primarily action. Assemblymember Keene asked clarification through a memo how the body ride itself of legislation after introduction. Assemblymember walli reiterated sentiments regarding introducing legislation for refunding of bonds and sending a mixed signal to Juneau about the hi h priority of education. She noted an article in the CountX News, ,Contracting Out It Looks (food on Paper, but...". She said the article concluded that contracting out usually costs more, not less. Assemblymember Mullen requested an excused absence for June 2, 1987. Assemblymember Moore said Local Affairs Committee will meeting at 200 P.M. on June 2, 1987 to survey proposed job descriptions and items in the budget pertaining to that. Assemblymember Carey asked the borough attorney prepare a resolution requesting that the borough assessor adjust the properties and improvement values within one -quarter mile of the Poppy Lane gravel pit at a rate that is compatible with May 14's BOE decisions. He asked any information be provided that would indicate whether the assembly has the right to make such a request. Pros. Sewall also asked if there to a way future sale price could be taken into account in some sort of retroactive tax. Assemblymember Glick asked Mayor Thompson for an update on the boroughs litigation cases. She also asked whether the borough planned to appeal the Schmidt case and Atty. Baedeker advised the borough would not pursue appeal for a reversal of the court decision. As per a previous motion on a call of the house, Mrs. Glick reminded members they must vote unless specifically excused. Assemblymember Moore advised per Mason's a call of the house requires a vote. Assemblymember Johnson said the Data Processing Committee and discuseed a study by UNISYS, a Burrough's corporation, prepared at no expense to the borough. An organizational chart within lists current data processing manager Mark Owen and Bob Jones, lead programmer analyst, and Dave Gemmel, systems coordinator but Mr. Owen and Mr. Jones will be leaving in a' short time. The FY 87 budget specifies cutting the systems coordinator position and Mr. Johnson strongly disagreed because if the top three (3) positions in the department are vacated there will a strong lack of knowledge and experience. He further expressed a problem with cutting people in the data processing department which has not accomplished projections. He observed a managerial candidate should preeminently be a manager as opposed to a crackerjack programmer. He noted retired assessor Vic Trammel had recommended the borough go to a standard size blank form that could be printed at the borough. He urged close scrutiny of the data processing budget without curtailing the operations. On another item, Mr. Johnson asked the borough attorney if the assembly could expose itself to liability by putting an arbitrary value on a property. Atty. Baedeker said he'd have to research this. Assemblymember McLane asked Mayor Thompson to check on information in the Construction Activity Report showing a significant difference in and the coat of professional services between the NNiii Skyview High School. Assemblymember Skogstad advised the Lands Committee would be meeting at 4 p.m. on June 2nd to discuss the comprehensive plan for the Kenai River. ASSEMBLYHEMBER O'CONNELL GAVE NOTICE OF RECONSIDERATION ON HIS VOTE ON INTRODUCTION OF ORD. 87-26. Assemblymember O'Connell questioned whether the assembly,was authorized to have a call of the house due -to absence of an ordnance ,f ' ' 4I ql • � kf iF <f. r C,, Kenai Peninsula Borough Regular Assembly Meeting May 19. 1987 11 Pres. Sewall asked whether the five (S) members to be appointed by the cities would be from the city councils or just appointments. Mr. Moore said his intention was each city would appoint ar. individual of their own choosing whomever that might be. Pres. Sewall expressed concern about language stating the cities "shall" appoint thinking the borough cannot mandate cities to do so. ASSEMBLYMEMBER MOORE MOVED TO AMEND SECTION 2. LINE 8, STRIKE/ADDS Soldotna [shall each] are requested toY :11UNANIMOUSANDASKED UNANIMOUS CONSENT. THE MOORE AMENDMENT -WAS A'S'i )UrwrDB Assemblymember Nash inquired why reference to the borough had been excluded in Section 4. bSOSLyK ER MOORand E MOor VED To MENDlogiaatiSECTION IO or4, LINE I 2, ADDS "for a AMENDMENT WAS ADOPTED BY UNANIMOUS CONSENT. Assemblymember Nash felt it too burdensome to put a task force together, conduct meetings all over the borough, and then not itibmbetter toem for budgetpaper or small agas as mount and to a tborisLed in Section mileage and meal allowances. Assemblymember Moore said it -was - his --intent in Section S to not establish a budget or encourage reimbursement of expenses. He felt most of the members would be members of municipalities and expenses would be picked up by the municipalities. Pres. Sewall asked about the intent of language in Section S, stating the president of the assembly would approve expenditures inquiring what account these would be charged to. Mr. Moore said it was his intent they be charged to the assembly contingency account. Aseemblymember McGahan spoke against reimbursement of members and the necessity of volunteers being paid. She also noted the section didn't specify what expenses. ASSEMBERHAMCCORDINGLY AND MKEDD UNO A14 ND To SENTDELETE SECTION S, AND RENUON- Assemblymember McLane stated he didn't see anything wrong with mileage or meal allowances in consideration of the large geographic span of the borough. ASSEMBLYMEMSER MOORE MOVED TO AMEND THE MC GAHAN AMENDMENT TO SECTION S., LINE 1, STRIKE/ADD "That [any) no expenses shall be incurred by the (commission) task force LINE 27-jehall be) wltbouE first b�eang approved by the prest4ent o the assembly_ [for paywgl and shall as reported to the assembly monthly.l..T,=he o esident e_, sholl TPort to the Parliamentarian Glick asked Mr. Moore if his intent by amending the McOahan amendment, with possible passage of both amendments, was to negate the whole thing. Mr. Moore said he believed so as they would present two (2) clear alternatives. THE MOORE AMENDMENT WAS ADOPTED ON A VOTE OF 14 YES, 1 N0tt YES' Nash hillis. Xesne, Valli, MullenMoors, y, Glick, Sewailp O'Connell, Skogetad, H dgins, McLane and eJohnson NO: McGahan AMENDDMEENT NOW CONSISTED OFELL ISED A POINT THE LANGUAGE USTE ADOPTED GTHE MIC INN THE MOORE AMENDMENT. GAHAN AM NDMENT. LANE ASSENBLYKED UNANIMOUS APPROVAL OF THE MC RAN OBJECTED. -THE - MC GAHAN AMENDMENT,--AS.-.-AMENDED BY THE MOORE AMENDMENT. WAS ADOPTED ON A VOTE OF 13 YES, 2 NO3 -9- Kenai Peninsula Borough Regular Asseubly Meeting May 19, 1987 specifying so. He said it was a general rule that a member may not be excused unless they are on the business of the body and vacations, -- - - etc. are not excuseable. Pres. Sewall asked Atty. Boedeker as Ord. 87-27 was introduced and not enacted was there anything to reconsider at this point. Atty. Boedaker said his first impression was no however he'd have to look at this further. Assemblymember O'Connell said a motion ro reconsider is not a fully privileged motion. Whatever normal action would have been taken tonight (essentially setting the ordinance for hearing and publication notice) would normally continue and hold nothing in abeyance. Arty. Boedaker said the effect of a notice for reconsideration in Mason's is to suspend any action as if the action had not yet been a op a but he'd continue to research the question whether one can reconsider an introduction. ASSEMBLXMEMBER MC GAHAN GAVE NOTICE OF RECONSIDERATION ON THE VACATION OF UNNAMED ROW EAST OF LOTS 75, 76, 77, WEST OF LOTS 50, 51, FOLZ SUBDIVISION, SECT 27, TIN. R1W, S.M. AK Assemblymember Sewall reminded members parliamentary rules are to serve the body, not the body to serve the rules. Pres. Sewall reviewed the action on* Ord. 87-26 stating the need to bring the introductory motion back to the body as it had not attained the necessary 2/3's on the initial vote. Pres. Sewall asked the Borough -- — - Clerk -to send copies of Res. 8746 and a cover letter to the city councils and to advertise in the three borough newspapers for persons interested providing public input. S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND ADJOURNMENT (June 2, 1987) Date Approved S at an w. oswall,assembly President 1 ATTESTa go —rough• er I '�—• m i ac»rv�.ALwsKAann CO BU TI ke3 7. u j RECEIVE June 51, 19V JUN 81c 730, V 9000. 1-0 9' 7 e�lr«Icen.l STEM W City of Kenai Box 580 Kenai, Alaska 99611 Jabba-City of Kenai Project No.87039 Progress Billing Through May 15, 1987 Professional Services Engineer I - 56.3 ,Hours @ $67-/ $3772.10 Engineer Iv - 119.56 Hours @ $35✓ 4182.50 Laboratory Services Sieve Analysis w/wash 1 @ 865 65.00 /ram Total Doe '8 8019.60 1 N F0 �I 9(enai t^om►nunity-fi%zazy A PUBLIC LIBRARY IN BERYICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 REPORT FOR THE MONTH OF MAY. 1987 i Circulation Adult Juvenile Easy Books Fiction 1.386 383 864 Non-fiction 1.421 188 252 r Total Book Circulation 4.494 Films, Phonodiscss Pamphlets, Periodicals 325 Total Circulation 4,819 Additions Adult Juvenile Easy Books AV Total Gifts 152 21 18 0 191 Purchases 191 23 8 4 226 Total Additions 417 Remedial and Re -worked Books Adult Juvenile Easy Books Total 54 13 6 73 Interlibrary Loans Ordered Received Returned Books 32 7 27 AV 46 46 47 Interlibrary Loans by Our Library 73 Volunteers Number 33 FTE 3 ' Total Hours 5531 Income Fines and Sale Books $604.90 Lost or Damaged Books 375.06 Xerox 279.25 Donations 17.57 Total Income for May, 1987 $1,276.78 94-nai Comma,nify-flg%azy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 9%11 y LIBRARY CARDS ISSUED FOR MAY, 1987 4 a 116 Kenai _ I Soldotna 40 - - - - Nikiski 44 . Sterling 6 Kasilof 4 Clam Gulch 1 40s i ■ II f rili 1 9(enal COMMunity llAaW A PUBLIC USAARY IN SERA& SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 89811 /1lii row - LIBRARY CARDS ISSUED FOR MAY, 1987 116 Kenai _T Soldotna 40 Nikiski 44 Sterling Kasilof 4 Clam Gulch 1 Ninilchik 2 Total Library Cards Issued for May, 1987 213 Total number of patrons 7,216 'f 14 L (- /?.- el 0- a(vox 7 f °• �rr� �