Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1987-07-01 Council Packet
COUNCIL PACKETS I Kenai City Council Meeting Packet July 1, 1987 AGENDA. KIINAI CITY COUNCIL • REGULAR MEETING A. ROLL CALL�a:;i';; i J'iS'; :,1 G ': , ; i•r .: 1. Eltamp e of New A. Swesrint In 'Vemony , _ r;f ..� : i• ,• Z. ',,, B. PERBONS PREVENT SCHEDULED TO EE NRARD 410 Mlrf- 1. Nowwd Book, Eette Scout Csn Ots • Construct fr Pwft SMlttr•' , """i 1•{c„ C. PUBLIC NEARINGS '•)r `l:.q'it� r.• ' 1. O►dkmcs 1220.87•Incressklt Rw/Apans•FedsN {='- .. MwMut BMrhp • 8437,37t•1 •. ti":'„„� •�1 t„ •gr•.I�,.' 2. Resolution 87.46•Aw&Wft Bld•FofoA'Trucks• Independenet LRt Truck of ANsks •�+q flea 3. Radullons Equlpmerd MWnWwm, ,,.._. 1' � Soumov" Commuricstbm , < 4. Ruok0on 87.47•Tim star of Funds•Cook 1ni VNw/Lbo • t4.430 .' 6. RtsokAkon 87.48•Awsrdii4 tOfOWol • BoedNlp; '� V ��• A%M Way. Cook Intrt View, LfMo.r Wnd'�;•t wcltflX^ _e ! LelldtctplrlQ @trvlCo • V10.780 h^� �j.l4?%Ii:i�Y{t�'. TM pwft M *WW to stand oW psrfkslpslf _...:.. - _ . • ,Itn t MMO. OMC Cm OF KOM PuKolIOTN.E ! A PUM 11*8 i0 v s held on JUh► 1, 1tB7 for eM'Attrttled I 1 dd M of 0w CRY of It". Mum. TM low" Is s propostd � 'r.. OfdhtnOttlMlteppropriltMGtlMfttRtvtrsu8hsrMgfutbeforlkOs) � year i t87.88. ! Ordinance No.1t W t"T.11711 ififm4tdn0wWbshOdwfttMrepulsrCour4m@ftgstltro Ktntl Admtn*Won Bul tnt for " fxrpott of dtscusslon of 1M oropoted spWopMnV ordUsnce at T.00 p.m. TM proposed or• - AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULy 1, 1987 - 7:00 PM - PLEDGE OF ALLEGIANCE I A. ROLL CALL -/*F--, 1. Election of New Councilmember �- a. Swearing In Ceremony 2. Agenda Approval 3. Consent Agenda *All items listed with an asterisk (*) are - -- - considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these { items unless a Council member so requests, in i which case the item will be removed from the Consent Agenda and considered in its normal ' sequence on the agenda as part of the General Orders. Be PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) t �l f 1. Howard Beck, Eagle Scout Candidate - Construct Picnic Shelter C. PUBLIC HEARINGS — Y•C A 4 o -A Y 1. Ordinance 1220-87 - Increasing Rev/Appns - Federal Revenue Sharing - $437,379 2. Resolution 87-45 - Awarding Bid - Forklift Truck - Independent Lift Truck of Alaska - $16,865 rye' 3. Resolution 87-46 - Awarding Contract - Communications Equipment Maintenance - Southcentral Communications 4. Resolution 87-47 - Transfer of Funds - Cook Inlet View/Lilac - $4,430 -5. Resolution 87-48 - Awarding Contract - Seeding, - Airport Way, Cook Inlet View, Lilac Ward's Landscaping Service - $10,780 -- - D. COMMISSION REPORTS - 1. Planning 6 Zoning ;` 2. Harbor Commission 3. Recreation Commission 4. Library Commission - - - -- -- --- - 5. _ Council, on Aging______ �..---- -- - -- - --- ----- "_ 6. Airport Commission - 7. Misc. Comm/Comm -� - E. MINUTES �ln_1 �,�>>.�, , 0, , -,;, ti y L 1�. 1. *Regular Meeting, June 17, 1987 F. CORRESPONDENCE 1. *Sen. Stevens - Air National Guard Unit 2. *Sen. Murkowski - Air National Guard Unit 3. *Consulate General of Japan - Letter of Thanks 4. Tom Blazy, Builder - Donation of Work - Leif Hansen Memorial Park G. OLD BUSINESS H. NEW BUSINESS U ----}. Bills to be Paid, Bills to be Ratified i 2. Requisitions Exceeding $1,000 3. *Ordinance 1221-87 - Increasing Rev/Appns - Leif Hansen Memorial Park - Dr. Hansen Donation - $ 5,380 4. fOrdinance 1222-67 - Increasing Rev/Appns - Float Plane Basin - $2,189,239 5. Ordinance 1223-87 - Amending Kenai Municipal Code Title 1 - Adding Economic Development Commission I. ADMINISTRATION REPORTS 1. City Manager } 2. Attorney 3. Mayor 4. City Clerk S. Finance Director 6. Public Works Director 7. Airport Manager J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) ADJOURNMENT r II' :4 �. ;f,r�-�.�.%, .lip, n.-� �•j i� 5 •n To 'i. 'oock. Jre �'cCG Kcn^i :rur :iwy :teas �i, i.lauktt 99611 J-une 2'5, 1987 Dc".r Kcnni City Council P:y name is s?oward T. ;-;, neck Jr. I am workinE toward my Ee el0 Scout pro jeot. I have proposed to the Kenai Senior Citizen Community Center Board that I build m 16' x 26' covered picnio shelter@ On Monday dai June the - 22ed the Board approved my is rrojeot will be for the,today's se»ior citizona and the seniors of the future. As Xloll an visitors to our community. The covered pionie shelter will beCin i.<ith treated 16' 8" x8" timbers buried 8' in the Ground. mhe 30' 811x8" headers trill be bolted to the buried + tim.bers3 by 16" x 6" X. steel ql te3 frith loll .��.n l:olt., �" nutap and a� washers. _...--. -- T.-L 16' trusses with 2' tails till be nailed to the he°d- ers by hurricane chips on ee-ch side of each truss. .. lc - N. W s, on two foot centers, ti:ill be placed an tno trusses,. A •rGG steel roofinr- such an ."or Clad, Zincalume will '.: tl%ea be added to complete the structure, I - 10' carping sections trill then finish the roof. I have be-n working with the Kenai Building Insredtor, Koward Hackney on designing and h°vine the shelter meet all ,be cities codes. It is my hope that you will also Cive your ap-rovel to this project. Also at this time, I would like to e-k for a possible donation toward funding. my Ma810 Scout r.roject. i I � ' 1 ! idJ•" U a 72 0 it: 911 hAto 1.347 72 72 0-0 72 72 - ' " '..,,- h au r z t. et. I x 3 let 09, Pit 6 - 101 C 16 - 20 trusnov " ',00 -�::' 16 42 - 2xh x10 I . I c 8 '.. x 42 32 - Hurriemic clirs .30 32 2 �' - Toca m-Ala 061 X 2 , it/a 0," - IC ne,my stnicurs -.00 x 10 22 - 3' x Ill roofing cr-eulc 6-9 L. F, - acrows 07 x 500 3 - 101 crtrnin- acaticnc x 3 2 - gallons wood nreservative .CID x 2 4 - Galloao stair 1E, , 00 4 A-pproximcnit cost of projecIz. ;t",20CC,CQ to C ff iW�—Mlsp N�= 1..... _ - _.....z.- :. - J, Featuring the zinc / aluminum hot -dip alloy coating { which offers up to bur times the service life oh"of standard galvanized coatings, i ❑ Full 36" coverage ❑ Leakproof, weather -tight lap system ❑ Reduced flat area for increased load- 1 bearing capacity and consistent, attrac- tive appearance seotlon P rtlee ❑ installs 20-50% faster ❑ Designed for easy nailing or screw -type Gauss ftifi.9 P� m•) un in.l 1 ^ m.l on -,fit.) , { fastening 1 2630 .65 .0124 007 .0135 .0064 1 i o Complementary trim and accessories 20 .73 .01444 .007 0153j96 .o 744 j readily available ❑ Available in attractive colors or bare ¢ Zincalume° t ;I r i j Northwest Regional Headquarters: 2063M4955, 2141 Milwaukee Way. P.O. Box 2015, Tacoma, Washington 88401.2075 Western Regional Headquarters: 916-372.6851, 2110 Enterprise Boulevard, West Sacramento. California 95691 Southwest Regional Headquarters: 817.0-3521. 404 East Dallas Road, Grapevine, Texas 76051 Other Manufacturing Facilities: Anchorage, AK, 907.561.MO U Spokane, WA, 509-747.8321 U L.os Apgeles, CA. 714 823 0401 U Phoenix, AZ. 602.244.0540 O Odessa, TX, 915-563.3255 U Waco. TX, 817.799-4981 O Little Rock, AR, 501-562.3112 Corporate Headquarters: PC Box 6256, Federal Way, Washington 98063.6256. 206-838.4821 ` 8 E- - . - - - - !7t - - - - - - - -1, - - - . --- -- &A-.- - - -..#- 40 ASC _ PACIFIC �•�� INC. Nor Clad NlowsW Lad � 74 48 SW VIM. 414' 4'6' S'0' 1 33 24 19 I6 12 30 SS U120 74 48 33 21 14 10 8 f 101 65 46 33 25 20 18 Geutie TS i�d U120 101 65 45 33 26 17 13 f 88 55 38 28 _ 22 17 14 29 SS U120 66 65 38 23 16 11 8 f 115 73 51 37 29 23 Is Gauge T8 U120 1115 73 51 37 28 20 14 1 116 74 61 38 29 23 18 /0 Z8 SS U120 116 74 48 30 20 14 TS f U120 147 147 94 94 65 65 46 48 37 37 29 28 a4 /9 Gouge NOTES: o Steel grade conforms to ASTM Grade E, 80,000 psi minimum yield. ❑ For wind loading, multiply tabulated and/or calculated values by 1,33, U120 deflection. Contact an ASC Pacific sales engineer for 0 Allowable loads tabulated are based on flexural stress andfor allowable bearing stresses. _ L=dI NO Table L—"V4 f—Load limited by flexural bending stress L—Span Uxxx—Load limited by deflection SS —Single span 1 Support TYP DS—Double span t -L.Yt,L_.1 TS—Triple Span t.-. L t, L-*1.- L �1 U L L V s. 'i ;1 i 374 Lovers Lane, Soldotna, Ak. 99669 19071262.6494 A division of Gold Nugget Broadcasting, Inc. FiMMIS ALMANAC: A PRODUCTION OF KCSY NEWS SINCE THE CITY OF NMI HAS BEEN DESIGNATED AN OFFICIAL BI(JEMMIAL CITY, KCSY RADIO WOULD L33E TO =2 PRICM= THAT FACT. IN AN ATTF3Im TO BRING LIFE TO AND A BETTER UND AN/FFRS'j IV m. OF Tm Emm LEADING TO THE SIGNING OF THE CONSTITUTION, KCSY, IN CONJUNCTION WITH THE CITY OF 104AI, WILL PRESET " Fes, S ALMANAC." THIS IS A 60—SWM MULy DIARY WHICH WILL BRING A GREATER AAWNWESS TO THE G34ML PUBLIC ABOUT THE PEOPLE WHO SHAPED OUR COUNTRY- THESE SPOTS WITS+ RUN ONCE PER DAY, SEVEN DAYS A WEEK, WITH A NEW SPOT EACH DAY. KCSY WILL PRODUCE THE SPO►i'S WITH APPROPRIASE VOCAL AND SOUND EFFECTS. IN ADDITION, KCSY WILL AIR PRWOTIONAL AHNOUNCEllENTS AT NO EK'jTiA COST TELLING THE LISTM4ING PUBLIC WHEN FiiEE MI S AINANAC WILL AIR. THE COST OF THE SPONSaWIP IS $350.00 PER MONTH AND WILL BE PRO -RATED ACC =ING TO THE; ACTUAL DATE THE SPOTS BEGIN AIRING. KCSY IS PREPARED TO AIR FfiE WI S AUWW AT ANY TIME, AND IT IS SCH®ULED TO RAIN THROUGH SEPTEMBER 17, THE ANNIVMARYtY OF THE SIGNING OF THE CONSTI VTI'i P ON OF THE UNITED STATES OF AMERICA. L 7 l' Requested by: Administration I OF KENAI f CITY ORDINANCE NO. 1220-87 YI:St. 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 y Federal Revenue Sharing monies; and WHEREAS, determination has been made concerning the desirability of and the need for the purchase of certain (f assets, supplies and repairs for the City; and WHEREAS, adequate funds are available in the Federal Revenue Sharing Fund. r 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. - Section 2: Estimated revenues and appropriations be t increased as follows: Federal Revenue Sharing Fund Increase Estimated Revenues: Appropriation of Fund Balance 043379 Increase Appropriations: Transfers to General Fund $341,879 Transfers to Council on Aging - Borough 6,000 Transfers to Water and Sewer 10,000 . .. ' Transfers to Boating Facility 77,500 ._ ... ;.j,y 843 7,379 ..... _ f ,• ( _... _..-. - _ . -.. - - ---: - - r '?L. � it f Lip r-= 1 r General Fund -- Increase Estimated Revenues: '-- Transfers from Federal Revenue $341.879 Sharing Fund i i Increase Appropriations: Finance - office Supplies $ 4,000 Finance -Professional Svcs. 31,000 Finance - Transportation 1,000 4,000 Finance - Misc. Finance - Machinery & Equip. 50.000 ,000 85 Fire - Machinery and Equipment 85,000 00 Fire - Repair and Maintenance 14,950 Fort Kenay - Repair and Maintenance 5,000 Legal - Machinery and Equipment Streets -Machinery and Equipment 11,500 55,000 Streets - Repair and Maintenance 10,000 Shop - Repair and Maintenance Shop - Machinery and Equipment 35,000 Non -Dept. - Machinery and Equipment 5,529 Police - Machinery and Equipment 25,000 Recreation - Repair'and Maintenance 2,200 { Parks - Machinery and Equipment 2.700 '�I ,R341.879 Council on Acing - Borough Increase Estimated Revenues: Transfer from Federal Revenue $ 8,000 Sharing Fund 8,000 Donations 16,000 Increase Appropriations: 16.000 t Machinery and Equipment s 1 Water and sewer Fund Increase Estimated.Revenue: Transfer from Federal Revenue 10.000 Sharing Fund Increase Appropriations: 10 00 Sewer - Machinery and Equipment �..� 2 S Exhibit A Federal Revenue Sharing List General Fund: Finance - replace accounting computer system 90,000 Fire - ambulance 85,000 14,000 Fire - exterior painting 95 0 Fort Kenay - replace overhead lights 5,950 Legal - portable personal computer 3 Streets - mobile radio and portable radio ,000 15,000 Streets - repair warm storage ill Streets - repair curbs, gutters and sidewalks 0,00 Streets - broom for sweeping sidewalks 8,0500 10,000 Shop - waste oil disposal program 35,000 z Shop - fuel tanks Non -Dept. - copy machine (clerk's request) 5,529 Police - computer system (additional monies) 25,000 f Recreation - replace tiles in men's dressing room, 2,200 correct floor 2,700 ' Parks - combo -plane and attachments Senior Cents r• 8,000 Van (1/2) ;i - - Water and Sewer: Sewer - large sewer lift station pump and accessories 10,000 Boating Facility: 40,000 _. Crane 35,000 Fork lift 2,500 Storage van S Tg Total 43T• c - a Suggested by: Administration RESOLUTION N0. 87-45 0�1 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASRA, I AWARDING THE BID FOR ONE FORKLIFT TRUCK TO INDEPENDENT LIFT TRUCK „ OF ALASRA FOR A LUMP SUM AMOUNT OF 016,865.00. WHEREAS, the City of Kenai received a bid from the following firm: ! j, FIRM BID PRICE , Independent Lift Truck -of Alaska $16,865.00 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 Independent Lift Truck of Alaska, and i' WHEREAS, sufficient funds are appropriated. i I NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASRA, that the a contract be awarded for one forklift _... { truck to Independent Lift Truck of Alaska for a lump sum amount ' of $16,865.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASRA, this let day E of July, 1987. x" J JOHN J. WILLIAMS, MAYOR ATTEST: i Janet Whelan, City Clerk _ ° Approved by Finance: C 9Q Written by Public Works: i k i Al • .-, _ .... .-_ - _--..._...-,--n..=--rr._, -,yam . 1 1. 3 Suggested By: Administration KENAI CITY OF � i ` RESOLUTION 87-46 j. i j A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT IN THE AMOUNT OF $23,760 PERIOD FOR COMMUNICATION EQUIPMENT MAINTENANCE �R A THREE-YEAR WHEREAS, on June 24, 1987, the City received bids for communication equipment maintenance for the three-year period beginning July 1, 1987, as follows: { Three -Year Bid jt Includi_ nc A$8 Alt. N� Motorola $26,280 PenCom Electronics 37,807 South Central Communications 23,760 WHEREAS, the bid from South Central Communications is the lowest 1 responsible bid; and, WHEREAS, Additive Alternate $1 covers radar units. i NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract in the amount of $23,760 for the three-year period beginning July 1987 be ($7,d2to per yeath r) for i communication equipment maintenance Communications. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that first day of July, 1987. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance: �.. (6/25/87) L 0 TO: Charles Brown, Finance Director _ FROM: Richard Ross, Chief of Police SUBJECT: Communications Maintenance Contract DATE: 6/24/87 Request a resolution be prepared awarding the radio communications contract to South Central Communications for FY88, FY89, and FY90. The amount of award including additive alternates is $7,920 for each of the years, with a total bid of $23,760 for the three year period. Bids were opened on 6/24/87. South Central Communications' bid was the lowest bid received. Bids 3�aceived were as follows: (Includes base bid and additive alternate #1 and reflects total costs for three year period). Motorola $26,280 Pen Com Electronics 37,807 -- South Central Communications 23,760 ) South Central Communications and Pen Com Electronics both took exception to bid on antennas and cords for radar units additive alternate #1. A revi history reveals no costs associated with these items for the last tl RR:lh 7 Suggested By: Administration 7 CITY OF KENAI RESOLUTION 87-47 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE COOK INLET VIEW/LILAC CAPITAL PROJECT: -- -- From: $4,430 Contingency ' To: Construction $4,430 °. This transfer provides money for seeding, maintenance, and watering. r- PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that first day of July, 1987. JOHN J. WILLIAMS, MAYOR I I 0 Suggested by: Administration RESOLUTION No. 87-48 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR SEEDING TO WARD'S LANDSCAPING SERVICE, INC. FOR THE PROJECT ENTITLED "SEEDING 1987 - AIRPORT WAY, COOK INLET VIEW, LILAC" FOR THE AMOUNT OF $10,780.00. WHEREAS, the City of Kenai received bids from the following firms: HID PRICE Town Construction Airport Way: Seeding $5,590.00 Maint./Watering 760.00 Cook Inlet/Lilac: Seeding $4,030.00 Maint./Watering 400.00 Ward's Landscaping Airport Way: seeding 0-00 $5,59 /Watering 760.00 Cook Inlet/Lilac: Seeding $4,030.00 Maint./Watering 400.00 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 Ward's Landscaping Service, Inc., and WHEREAS, the recommendation of the Public Works Department is to award this project to Ward's Landscaping Service, Inc., and WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, 8E IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the a contract be awarded for seeding to th roject entitled Ward's Landscaping Service, Inc. for e p "Seeding 1987 Airport Way, Cook Inlet View, Lilac" for the yy amount of $10,780.00. " i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lot day of July, 1967. JOHN J. WILLIAMS, MAYOR ATTEST: -Janet -Whelan, City -Clerk A - - -- . -- — - Approved -by--Finances -e4 - --- ---- - --- u. - Written by Public Works: U A' yy ' 1C CITY OF KENAI Del G;a#ta'l 4 Aad" ---, 210 FIDAL80 KENAI, ALASKA ONII TELEPHONE283.7M TO: KEITH KORNELIS, PUBLIC WORKS DIRECTOR FROM: JACK LA SHOT, CITY ENGINEER 4 4 DATE: JUNE 25, 1987 SUBJECT: SEEDING CONTRACT We received bids for seeding of Airport Way, Cook Inlet View Drive and Lilac Streets on June 24, as follows: i SID PRICK Brown Construction Airport Way: Seeding $5,590.00 Maint./Watering 760.00 Cook Inlet/Lilac: Seeding $4,030.00 Maint./Watering 400.00 Ward Landscavina Airport Way: Seeding $5,590.00 Maint./Watering 760.00 Cook Inlet/Lilac: Seeding $4,030.00 Maint./Watering 400.00 } As you can see, the bids are exactly the same. The Code states that in cases of bids equally competitive, the City may select one bid or share the work among the bidders, but shall always select the bid most advantageous to the City. 1 i In this case, all other things equal, Wards Landscaping's track U U L D -2 KENAI HARBOR COMMISSION 1 Monday, June 15, 1987, 7:00 p.m. -; Minutes, Regular Meeting Held, Kenai City Hall, Council Chambers Presiding: Leon Quesnel, Chairman 1_ ROLL CALL Present Absent Leon Quesnel Marvin Dragseth (unexcused) ;j Barry Eldridge Allen Houtz (unexcused) Tom Thompson Wally Keppel-Page (arrived later) jl Joe Nord In attendance: Jack LaShot, City Engineer 2. AGENDA APPROVAL AS accepted as presented. 3. PERSONS PRESENT SCHEDULED TO BE HEARD _ .. None. 4. MINUTES ' � NOTION �... Commissioner Eldridge moved the minutes be accepted as presented. The motion was seconded by Commissioner . U Thompson. 5. OLD BUSINESS ' a. Memo and Resolutions on leasing Dock Stations. -- -- + Chairman Quesnel called for discussion. Proposal by Ihander International was discussed by the commission. Commissioner • Nord explained the business dealings he has experienced with ;. the firm in the past. Commissioner Thompson asked about Keener Packing. Mr. LaShot explained there was a proposal t sent. •� - - - -but- CommissionerEldridge- suggested-acceptingcontracts-, but - _ _ . _.-._._ - insisting on a performance bond may be the way to go, this insisting `: -�--- ---- --,-- 1 - i -- -- is -in--the- negotiating -stage- at this -time. - --- -- -- -- -- 4: 7 M1 KENAI HARBOR CONNISSION June 15, 1987 page -2- Commissioner Nord suggested if the commission was not going to ask for a bond, then it should ask for full payment by the 25th of June, before they take any fish on the dock. Commissioner Thompson said Cook Inlet Seafoods offered to pay the $8,500 upon approval of proposal. Discussion continued regarding the proposals submitted and negotiating payments in acceptance of bids. Chairman Quesnel wanted it known for the record, this is an open meeting and anyone could be here to consult with use listen to us, but there's no one in the audience. Those who did bid, all that we have in front of us is that which is in writing, there are no representatives from these various businesses. Discussion continued regarding bonding, amounts of fish taken on the dock, cash payment procedures and collateral, and pre -payment. Commissioner Eldridge suggested during the operation of dock, find out what's necessary to try to keep a count on the fish, the poundage going across, so if it runs over the minimum, which it probably will, so that we have some way of tracking that as well. Commissioner Nord thought someone should be hired to tally. Commissioner Eldridge explained there would be hands on the dock anyhow, maybe hire some extra hands just as tally clerks during the busiest times. Commissioner Nord thought r�itation of the tally clerks might be a good idea. Commissioner Keppel-Page agreed that either one of those two should be met, posting bond or collect up front. -= -- --- NOTION -Commissioner -Nord-- moved -that by - June- ZSth_they prepay- _the- minimum bid or post a bond to secure the bid. The motion was seconded by Commissioner Keppel-Page. i-1 i KENAI HARBOR COMMISSION June 15, 1987 page -3- Commissioner Thompson asked if this was applying to the resolution. Chairman Quesnel explained it was not applying at the moment, we're not talking about the resolution at the moment, but, it will be a recommendation to the City Council. Chairman Quesnel yes Commissioner Thompson yes Commissioner Eldridge yes Commissioner Keppei-Page yes Commissioner Nord yes Commissioner Thompson questioned whether there would be a conflict of interest with Commissioner Nord's vote. Commissioner Nord agreed and withdrew his motion, Commissioner Koppel -Page withdrew his second, with the full ,+ consent of the Commissioner's. Commissioner Eldridge moved that both the lease and the resolution be amended to provide for payment of the minimum bid by no later than the 25th of June or that a bond f or id d b th t date minimum bid amount be prov e y a The motion was seconded by Commissioner Thompson. Discussion followed with Chairman Quesnel stating that basically we are recommending to the City Council that the money be paid up front. Commissioner Eldridge, money and bond be paid up front, or by the 25th of June. Discussion followed regarding the proposals submitted and the terms submitted by the Harbor Commission to be added to the resolution. Chairman Quesnel yes Commissioner Thompson yes Commissioner Eldridge yes Commissioner Keppei-Page yes Commissioner Nord abstain The motion passed. b. Verbal Status Report on Construct on Progress.- - r. LaShot, dock and trestle are structurally essentially `tA complete, had a completion inspection, had a few items yet j; 0 KENAI HARBOR COMMISSION ' June 15, 1987 j page -4- is .4 P ,S • I> R' t� �i I' i I i to do. still have quite a bit to do on mechanical, ! electrical, plumbing, get the gas pumps set. The gas and !!! diesel tanks set, underground piping in, day to day working on bringing gravel in for the parking lot. The mechanical plumbing is being done on the inside of the restrooms, the water system is lagging somewhat. The dock and trestle looks like it can accommodate the lease people. We are hoping the City's station can be operable, shooting for the first week in July. Commissioner Eldridge asked what the contract date for the electrical work on the dock. Mr. LaShot, everything but the dock and trestle where the lease station will be going, is the end of July. Mr. LaShot, the ladders are 12" wide, engineer has volunteered to pay to have those widen, OSHA's minimum is j 16". The cost for them is approximately $5,700. All ladders will be dismantled and taken to Beaver Loop Welding to be widen, then brought back. y Chairman Quesnel asked if project still on schedule. Mr. LaShot, yes. Commissioner Thompson asked what the priority was for getting services to the dock. Mr. LaShot, wasn't aware of a priority, will be how they can get their sub's in there and get the work done the quickest. There was further questions regarding the electrical, gas and diesel pumps, which Mr. LaShot indicating they are out there working on them right now.-' Commissioner Eldridge, are there any complications with either of these leases without having wash down water available. Mr. LaShot, no, we're negotiating. Chairman Quesnel thought it might be a good idea to watch the type and condition of equipment brought onto the dock, that they be kept clean, that the deck be kept clean. Commissioner Nord, most of their equipment is pretty reliable. - Commissioner -Eldridge asked about the--hir-ing. - -Mr. LaShot- - - - --- - - ----- explained that Mr. Kornelis will take care of that when he returns, the 29th, quite a lot of applications. L L KENAI HARBOR COMMISSION June 15, 1987 page -5- 8uel supply and paying procedures, safe keeping for cash, and availability of fuel tanks was discussed further by the Commissioners and Mr. LaShot. Chairman Quesnel asked what arrangements are being made for testing the tanks and clearing the lines. Mr. LaShot, the engineers take care of that. The Commissioners discussed the filters in the lines and asked if there is a filter in the system already. Mr. La8hot would look at the drawings. 6. NEW BUSINESS None. 7. CORRESPONDENCE a. Alaska State Senate - SB 188. The Commissioners acknowledged and reviewed SB 188. There was discussion and it was agreed the Commission was in support of them forming that concept and having a permanent board. S. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None. 9. COMMISSION COMMENTS AND QUESTIONS Commissioner Keppel-Page commented on the skiff moorage rates and wondered what would be said about the $1.00 per day, $7.00 per week and the collection of the funds, and asked if it would help the people or hinder them with this charge to board a skiff. Commissioner Eldridge thought it was a convenience factor, and maybe a nuisance factor for the operator to try to collect. Commissioner Keppel-Page just wanted it mentioned. Commissioner Thompson agreed that it will be extremely difficult to collect, but thought they should see how it does. It puts some obligation on the use. The Commissioners thought the gas price was very economical. Commissioner Thompson thought the rate schedule -looked-real- - - fine, and was a good starting point. L L ff J 0 L ,■ KENAI HARBOR COMMISSION June 15• 1987 page -6- Chairman Quesnel asked Mr. LaShot for comments. Mr. LaShot will approach potential lessees with the payment schedule -to see what is said. Mr. LaShot will attend the City Council meeting with information on the resolution. Commissioner Eldridge asked about a future agenda and things the commission should start looking at. Commissioner Keppel-Page asked about a grand opening. Commissioner Eldridge thought it might be good to wait for completion. Commissioner Kepple-Page thought a sign could be posted to let fisherman know fuel is available, also would like the city to put an ad in the pap4r to let fisherman know as things become available. Commissioner Nord thought a little PR would be a good thing and thought it wouldn't be a bad idea to put an ad in the paper* t Chairman Quesnel asked about insurance. Mr. LaShot a explained the finance department director has been there this past week with the insurance person to put together and set Vp. 10. ADJOURNMENT ' The meeting adjourned at 8:25 P.M. r) D-y KENAI ADVISORY LIBRARY COMMISSION June 21 1987, Tuesday, 700 p.m. Held, Kenai Community Library Minutes of Regular Meeting Presiding: Linda Swarner, Chairwoman Present Absent Linda Swatner Doug Emery (excused) Kathy Heus Susan Smalley (excused) Paul Turner Dennis Simmons (excused) Carol Brenckle In Attendances Chris Monfor, City Council Representative Emily DeForest, Library Director Meeting was called to order by Chairwoman Swarner at 7122 p.m. 11. ROLL_ CALL a. Roll was called. Four (4) commission members present and three (3) commission members had excused absences. b. New Commissioner, No, Carol Brenckle was introduced and welcomed to the Commission. 2+ AGENDA NOTION Commissioner Heus moved the agenda be approved. The motion was seconded by Commissioner Brenckle. - Motion passed by unanimous consent. 3_, MINUTES - May 5. 1967 Under section 7 (c) date should be June 2nd. On the f irst page the spelling of Commissioner Heus' name was corrected. +{ The minutes were approved as corrected. �f. PERSONS SCHEDULED TO BE HEARD None. la 11 f- 1' KENAI ADVISORY LIBRARY COMMISSION June 2, 1987 page -2- 5. DIRECTOR'S REPORT Director's report was read by Chairwoman Swarner, as Director DeForest had laryngitis and typed the report for the commissioners. Attached is the report, along with handouts concerning Kenai Trustee's Workshop, Report for the Month of May, 1987 and Summer Reading Program. 6, OLD BUSINESS a. Disruptive Behavior Policy. Director DeForest explained that Commissioner Simmons has turned in a draft of a disruptive behavior policy for her to review. b. Budget FY 87/88. The budget was discussed. I MOTION Commissioner Turner moved to support the budget. The motion j was seconded by Commissioner Heus. Discussion. There was some discussion to elaborate more in the mot on regarding monies that are needed for the library. AMENDED MOTION Commissioner Turner moved the budget as proposed is acceptable, though more monies are really needed to adequately maintain the library.} The amended motion was seconded by Commissioner Heus. The motion passed by unanimous consent. c. Summer Reading Program flyer was read and reviewed by Commissioners. 7 NEW BUSINESS a. Transient Population Policy. There is a method established- -by the library which - provides -for- -a - check out - ------------------=------.-= system. This seems to be an adequate system until the computer arrives. -- KENAI ADVISORY LIBRARY COMMISSION June 2, 1987 page -3- 8. COMMISSION COMMENTS & QUESTIONS Next meeting will be held July 7th, 1987. Commissioners Emery, Turner, and Smalley will have excused absences, as they will not be in attendance. Commissioner Heus welcomed the new commissioner, Carol Brenckle. Commissioner Brenckle commented that she was very excited to be involved. Director Deforest reminded the commissioners of the Kenai Trustee's Workshop to be held in Kenai. I£ there were _ subjects they wished to be included on the agenda, submit them to be considered. While at the ALA, Director DePorest will be attending a lecture on insurance that will be offered. 9. AJOURNMENT The meeting was adjourned at 8 a.m. --1 L i yl I • 23-6 i I I KENAI AIRPORT COMMISSION June 11, 1987, Thursday, 7s00 p.m.rj Held, Kenai City Council Chambers Minutes, Regular Meeting i Presiding: Ron Malston, Chairman 1. ROLL CALL Present Absent . -- Ron Malston Bill Toppa (excused) Tom Irwin Josh Knopper Tim Miller Frank Stevison Les Vierra i In Attendances Randy Ernst, Airport Manager • r -' Councilwoman Bailie 2. APPROVAL OF AGENDA Agenda approved as presented. 3_ PERSONS PRESENT SCHEDULED TO BE HEARD a. Representative - Northern Air Cargo. Did not appear. S 4_ APPROVAL OF MINUTES - May 28, 1987 Minutes approved as presented. j S. MANAGER'S REPORT Airport Manager Ernst introduced Bill Nelson, the design 6. engineer of the float plane basin, with the firm, William J. Nelson a Associates. Mr. Ernst thought Mre Nelson could clarify any questions the commissioners may have. Mr. Nelson began with the question of what would be a secured area, regarding the city water storage tank. Mr. Nelson explained the way the fencing is laid out now, the _tank ..will remain_ a -secured .-area. - - In --reference- the access road from First Avenue running along the property line into -the project,_that's_essentially a section line, _so___ it was run down the center, and it happens to be outside of J., I r-- KENAI AIRPORT COMMISSION June 11, 1987 page -2- the fence, and is also an additive alternate. (Mr. Nelson demonstrated with the map he brought for the commissioners to see while he explained) The access from First Avenue, up to what they'- re -calling the Ramp Road that is at Fourth f Avenue, that has been made an additive alternate. The reason being, the road is not absolutely essential to the function of this facility. It may be necessary to build that road for other reasons: keeping traffic out of neighborhoods or something like that. That is on the outside of the fence at this time. The reason it was made an additive alternate, was if the bids come in the way my estimates are, we would be able to build the basic facility I and that portion of the access road. But, in case the bids come in a little high, if my estimate of their estimation costs is low, then we need to be able to delete something, so that's why that was set up as an additive alternate. i Chairman Malston asked when we build that road along the fence line, for an access from Fourth Avenue into the float plane basin, is that correct? Mr. Nelson: No. That would provide a First Avenue access. Chairman Malston: It would come in from First Avenue, where does it enter the fence? Mr. Nelson: At Fourth. Chairman Malston: That being the case, then you could get in from Fourth also? Mr. Nelson: Right. Chairman-Malston: Why would people .even use that road to enter the float plane basin, when they can come down Birch and Fourth? Mr. Nelson: They wouldn't unless you did something with the fence in there which would not be a major cutoff to block them off. You'd have -to do some re -fencing -so to speak. - - - -Chairman Malston: -Was anything -in the plan for -that?---- �' f KENAI AIRPORT COMMISSION June 11, 1987 L page -3- Mr. Nelsons No. Commissioner Stevison: Isn't there just a gate there? Mr. Nelsons our plan at this time is just to take that gate down, build the road, realign the gate a little bit, put it. back up, essentially in the same place. Commissioner Stevisons How practical would it be just to extend Fourth? E Mr. Nelsons That's what the basic bid plan is right now, is just to extend Fourth. The thing is, Fourth Avenue and i Birch come through residential neighborhood, there's no i question. They're paved roads and it does provide good access and so from a to build theely othernctional road thatand gives iaccessit's not necessaryfrom j First. Councilwoman Bailie had some information and a concern expressed from Councilman Wise, given in written form to Councilwoman Bailie concerning this. Councilwoman Bailie read the questions: The environmental impact study and the master plan deliberately designed a float plane basin to avoid undesirable impacts on the adjacent residential neig or oodt namely access to be First Street adjacent westerly of the Cemetery# access for Fourth, Fifth or Third was to be prohibited. This was .according to the Environmental impact Study and the Master Plan. Mr. Nelson: I'd have to look at that to see if it was specifically excluded. Councilwoman Bailie continued with Councilman Wise' notess Additional on seasonal change over, floats to wheels, vice - versa, requires runway access. We were told that would not be ... Mr. Nelson -said there is runway access.- - Councilwoman Bailie -explained--the--other--night, there -would- -- -- -- not be any runway access because FAA was very concerned about security. V 0 0 KENAI AIRPORT COMMISSION June 11, 1987 page -4- Mr. Nelson explained that what they've done is put in a limited access taxi -way and there's a gate across there and that gate will require the airport manager or some other personnel to unlock it and open it. You're looking at that thing being used some on the order of fifty times a year, so it's not like it's continuous, have to go over and unlock the gate. Councilwoman Bailie continued, part of the necessary road has been built as a result of the exiting parking area project, which would be lost. He's talking now of access through First Street, I believe. Mr. Nelson: That will used, on the plan here it's this section from here to here (demonstrated) that has been built and will be used. This section from here to here (demonstrated) won't be used, has been built and won't be used. So I'd about 75% of that portion is being used. Mr. Nelson went on to demonstrate. The Commissioners, Councilwoman Bailie, Airport Manager Ernst and Mr. Nelson went on to discuss the project and expressed ideas and concerns involving security, access, safety, traffic and impact on neighborhood. NOTION Commissioner Irwin moved to go ahead and jog the fence to close off vehicular traffic from Fourth Avenue and the gate will be accessible through the hew addition off First. As an addition to Alternate 1. The motion was seconded by Commissioner Knopper. Chairman Malston called for the question. Chairman Malston yes Commissioner Irwin yes Commissioner Knopper yes Commissioner Miller- - - - yes Commissioner Stevison yes --- - - -- - --- -'C Commissioner vier ra yes- - -- - 'I The motion passed. i r- 7 i c KENAI AIRPORT COMMISSION i June li, 1987 page -5- Mr. Nelson briefly explained the rest of the facility plans. Basically, just so you'll know what the facility entails and what you're offering to the public for user you've got - - access through this Ramp Road and as it implies there's a , launch ramp where you can transfer planes from floats to wheels and there will be about a thousand feet of level ' graded area, it won't be covered with gravel, but it would be more or less passable by cars, for parking, where they can park airplanes along side, one side of the taxi -way. } That's kind of an itinerant parking as an option to having i "j developed lease lots at this time. So you will have a place { for people to come in and tie up their plane, hop in a car r and drive off. As far as the runway itself, it's 3500 feet long. Has a turning basin at the north end. That's pretty much it, it's the basic project. We've eliminated the developed leased lots and water and sewer to keep the costs down. That was kind of the, from the outset, one of the design criteria, was to try and keep this thing under 2 million. That's what we pared it down to do. Mr. Nelson left the plans for the commissioners and was thanked by Chairman Malston and the commissioners. Chairman Malston asked Airport Manager Ernst if he had anything further to report. Mr. Ernst explained the letter he included in the commissioners packet. This letter was prepared to send to the Legislature, Senate and Representatives. The letter was k in support of a five year term- for AIP and support of a funding level of 1.7 billion. Also, included for the a approval of the commission was, support of smaller airport 4 " f issuest terminal aid and small airport entitlements. { (Letter attached). ,. 4 6. OLD BUSINESS a. Discussions Review of Airport Master Plan. Chairman f Malston asked for discussion from the Commissioners. The Commissioners discussed the plan-- and -agreed- this- was the { - -- -- - final plan and had no questions of Airport Manager Ernst. Chairman Malston reported, due to an illness in his family } i. 2. p 4 a r �1 �L P. } V. 7 e 11 KENAI AIRPORT COMMISSION June 11, 1967 page -6- he has not yet contacted Barry Thompson, however, he will contact him and report at the next meeting. b. Update - Air National Guard, Time Extension for C-130's Commissioner Irwin talked with Mayor Williams and learned Mayor Williams had talked with a lobbyist in Washington who was meeting with the Secretary of the Air Force, to clarify the air rescue mission in Alaska. There has been no contact with Senator Stevens until this meeting takes place, then he can continue with better knowledge of what is to become of the aircraft. Commissioner Irwin also explained, the Mayor has spoken with Governor Cowper and he is very supportive of the efforts to get a unit in Kenai. Commissioner Irwin and Commissioner Stevison have names and addresses to add to the mailing list of persons who might be r of help in this project. 7. NEW BUSINESS a. Mr. George Miller, Chairman Malston introduced Mr. Miller to the commissioners and explained Mr. Miller's idea of putting in a Native Arts Gift Shop in the terminal building. j Mr. Miller explained he did not need much space to start with, approximately 200 feet. He gave Mr. Ernst a map of the area he thought he could use after he researched and looked around the terminal area. The commissioners and Mr. Ernst continued to discuss the project Mr. Miller had in mind, and relayed to Mr. Miller the avenues to go through to get this approved. Commissioner Vierra would like to see the commission endorse this concept and felt it would generate revenue. Mr. Miller added, the products would be strictly items made in Alaska, no imports. He will be making several trips to wholesalers - in- the --North and to Savoonga and Nome', and - perhaps one more area. Discussion by Mr. Ernst, the Commissioners and Councilwoman Bailie. L L i F KENAI AIRPORT COMMISSION June 11, 1987 { page -7- MOTION Commissioner Vierra moved the commission would support the concept of using that space in the interim until such time that the west end is developed for concession purposes and make that recommendation to the City Council. The motion was seconded by Commissioner Irwin. The motion passed by unanimous consent. - - S. INPORMATION . a. Copy of Newsletter article from Congressman Mineta. Chairman Malston introduced this article for information. 9. COMMISSION COMMENTS & QUESTIONS Commissioner Stevison asked when would the commission begin discussion on the remodeling of the terminal. Airport Manager Ernst explained the time element and what needs to take place before this can begin. Commissioner Stevison would like to invite people for ideas. Mr. Ernst thought this may be a bit premature until an architect develops a plan. c Chairman Malston suggested at the next meeting to discuss k what the commission perceives needs to be done at the airport for the future. - ... Commissioner Vierra will be excused for the next meeting. ...�. etin July 9 1987. June 25th meeting cancelled. Next me g• y 10. ADJOURNMENT � r. The meeting was adjourned at 6s45 p.m. - R vi A. A urto dba/Niva's Clerical Services for the City of Kenai F', M L i X1 :i y F KENAI BEAUTIFICATION COMMITTEE June 23, 1987 - 1:30 PM Kenai City Hall Tim Wisniewski, Chairman 1. ROLL CALL Present: Vice Chairman Jackson, Hakkinen, Selby, Sheldon, Sparks Absent: Wisniewski, (excused) Craig, Lewis (unexcused) Also Present: Councilwoman Bailie, Admin. Asst. Loper, Billie Callahan and Marcia Ward 2. PERSONS PRESENT SCHEDULED TO BE HEARD n Mr. Ward of Ward Landsc_ aping Mrs. Marcia Ward and Billie Callahan representing Ward Landscaping appeared before the Committee to discuss ways in which a landscaping firm could be of assistance in the Memorial Park project. The Committee asked questions pertaining to specie and natural vegetation that would have a good survival rate, a guarantee on whatever would be planted in the park, depending upon the maintenance, care and maintenance of the material (by the parks crew) once it is planted, and the blue line drawings were turned over. Both representatives agreed that they would like to take the data back with them and make a presentation at a later date which would include a list of species. The Committee discussed cut off dates for planting. It is suggested that no planting be done earlier than March or April and none later than August 15th. The Committee also discussed the area next to Ryan's Drive which is not in the plan and perhaps contact.Ing a landscaper to volunteer services to clear the area. "The Committee discussed volunteering a Saturday to assist in raking and other chores. 3. APPROVAL OF AGENDA Agenda approved as submitted .4. -APPROVAL -OF MINUTES -- ---- bone-- no -quorum last -meeting -- Lam... FA 0-1 KENAI BEAUTIFICATION COMMITTEE June 23, 1987 Page 2 S. OLD BUSINESS a. Review Site Plan for Park Covered under item 6-a 6. NEW BUSINESS a. Placement of 27 Banners The committee reviewed a map which depicts the light poles along the Spur Hwy from Bridge Access Rd. to Spruce Drive. The Committee chose the first banner (Kenai double banner) to be placed first in line beginning at the Pizza Hut. The double eagle banner to go across from the Chamber Cabin on the lot National Bank lot, and the boat and flower banners as indicated on the map. 7. COMMITTEE QUESTIONS & COWMNTS Councilwoman Bailie noted the axea next to the Uptown Motel and adjacent to the Spur Hwy, the small mall called the Spur Mall. The area needs to be attended to and asked what jurisdiction that falls under. After much discussion it was agreed that an attempt would be made by City staff to contact the owners, and should that fail, the Parks crew will take over maintenance. B. ADJOURNMENT There being no further business, the meeting was adjourned. For the next agenda, Tim's Landscaping will attend regarding the ` Bark project. Janet A. Loper, Planning Specialist Secretary to the Committee (r) AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 17, 1987 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Resignation of Councilman Wise a. Nomination of Councilperson for Remainder of Term 2. Agenda Approval 3. Consent Agenda *All items listed with an asterisk (*) are j considered to be routine and non -controversial by l the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD 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/Appns - Senior Citizen Donations - $2,600 3. Ordinance 1218-87 - Increasing Rev/Appns - Senior Day Care Donations - 31,850 4. Resolution 87-37 - Transfer of Funds - Ice Maker at Senior Center - $4,600 5. Resolution 87-38 - Extension of Drilling Permit - Cannery Loop Units N1 & #3 6. Resolution 87-39 - Awarding Lease on City Marine Dock, Station N2 7. Resolution 87-40 - Awarding Lease on City Marine Dock, Station N3 S. Resolution 87-41 - Awarding City Hall Painting & Papering- 9. Resolution 87-42 - Awarding City Hall Floor - -Covering - - - - - - - 10. Resolution 87-43 - Transfer of Funds - Senior Day Care - $3,600 7 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 S. 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 Q. OLD BUSINESS 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, NBA 6. Leif Hansen Memorial Park Construction 7. Discussion - Agreement for Exchange - Automatic Aid/initial Action - Fire Protection, Rescue, Medical Service -, 8. Discussion - Room Use - Recreation Program I. ADMINISTRATION REPORTS 1, City Manager 2. Attorney 3. Mayor 4. City Clerk 5. Finance Director r "' -6. --Publio- Works -Director 7. Airport Manager ( J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT 7 KENAI CITY COUNCIL, REGULAR MEETING, MINUTES JUNE 17, 1987 - 7:00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING PLEDGE OF ALLEGIANCE f A. ROLL CALL 4 A-1 Resignation of Councilman Wise Mayor Williams read the letter of resignation into the V record. Council agreed to have the Mayor send a letter of thanks to Mr. Wise. A -la Nomination of Councilperson for Remainder of Term i Councilwoman Bailie nominated Ron Ralston. She noted he has served as Mayor and Councilman and is willing to do the job. Councilman McComsey asked if Mr. Ralston i was going to run for Council in October. Councilwoman Bailie replied, as it stands now, it would just be for the 3 months. She felt if the position was assigned to someone planning to run for election, it would give them an unfair advantage. She felt we should have someone, as we are 2 short now. Mayor Williams said he thought we should let the election process take over. The Charter directs we shall nominate, but does not say when. Councilman Measles said he felt uneasy trying to go through the next 4 months without additional Council members. It would put 4 month's work on the new Council in October. Councilwoman Bailie requested Council vote on Ron Ralston. Mayor Williams noted every now Council has the problem o! potentially having 2 new membersi Mr. Ralston is not present, and has not contacted the Mayor. He did not want to take action till he heard from Mr. Ralston. He asked if any other Council members had spoken to Mr. Ralston. There were t none. j Recess was called while Councilwoman Bailie contacted Mr. Malston. Mayor Williams said 4 votes were required to approve a new Councilmember, he preferred to wait till the July 1 meeting. Councilman Measles said this is why it should be done now, thb entire action of Council is controlled by one vote. Mayor Williams said Mr. Malston should be here. Councilwoman Bailie explained, { she called Mr. Ralston, he is unable to attend this i date but is willing to serve. Council agreed to vote at the July 1 meeting. Agenda Approval a. Na or Williams said items C-8 A C-9 (City Hail Painting and Floor Covering), substitute resolutions were submitted this date. b. Mayor Williams noted H-7 (Fire, Rescue, Medical A reement), Info 3 is additional information. o. (Hansen Memorial Parce Director k nConstruction)ed abeimoved to B-4. } j KENAI CITY COUNCIL June 17, 1987 Page 2 MOTIONt Councilman Measles moved, seconded by Councilwoman Bailie, to approve the agenda as amended. Motion passed by unanimous consent. A-3 Consent Agenda MOTION: C Councilman Measles moved, seconded by Councilwoman Bailie, to approve the Consent Agenda as submitted. Motion passed by unanimous Consent- B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Representative, city Electric - Payment for Contract with City David Sweezey, City Electric, Anchorage office. He is thisnjob forastreet lights. Material wastdistributedn in the packet. Mr. Arbelovsky had come to Council some time ago to argue this point. They bid the job, they i were low bidders and were awarded the job. The specs were such they could not meet them, no contractor could meet them. The fixtures were not available. He talked to Public Works Director Kornelis, arrangements were made to buy the fixtures. When they arrived, they were not satisfactory to Mr. Kornelis. There were months of delay on this project. They bid in 1985, after 1-1/2 years they were directed by the.'ity to purchase ballast to make it work, they iustalled it at extra cost. The project is complete, they did the job for the City in good faith, they want reimbursement. There were mistakes on both sides. Atty. Rogers said in the material is a letter by Mr. Sweezey to Atty. Rogers which makes accusations to Public Works Director j Kornelis. There is a claim procedure that can be implemented. He advised Council to not take action if there is a claim. Tor the Council to grant payment would give credence to untrue statements. It could be construed as unauthorized payment. Mr. Kornelis is not here, he is not able to comment on this. If a response is appropriate, he would ask Council to leave it to Administration, from Public Works through the Legal 1 Dept. to the claimant. He thought it would be denied, they have an opportunity to go through the courts. Mr. Sweezey said a letter was sent May 28, he did not receive a reply from Atty. Rogers. He received a check i final amount. Council has a copy of a for the or g notarized statement from one of the contractors, that was notnalLs was produced byvised GE. Thetthe specs wererehe rrspecified erroneous. Mayor Williams said Council has reviewed this. He ` agrees with Atty. Rogers, it is a matter of a claim to i the City rather than an appeal to Council. Council i cannot take action. Mr. Sweezey asked, who is .i Administration? Mayor Williams replied, City Manager Brighton, Atty. Rogers, Public works Director Kornelis. { Mr. Sweezey said he made numerous phone calls to Atty. Rogers and wanted to set up a meeting. Atty. Rogers - ... 4 replie4, it should be before the courts. Mr. Sweezey said the $11,000 is not an amount to go -to the courts. Atty. Rogers has said all correspondence should go to him._ All his phone calls were not returned, so he came , dsn "' KENAI CITY COUNCIL June 17, 1967 Page 3 to Council. His position is they incurred the expenses, they will be called to show to Council. They want help on the payment. Atty. Rogers replied, 1f Mr. Kornelis recommends payment, they will do that, otherwise none. Mr. Sweezey asked if he could receive correspondence if there is denial of the claim. Atty. Rogers replied, after review he will see that he has a written reply. No further action by Council. 9-2 Stan Stedman/Kevin Fanner - KPB Economic Development District Kevin Fenner, Kenai Borough Planning Div. They have met with Mayor Williams, Council and City Manager Brighton regarding formation of an Economic Development f District. The Resource Development Commission was headed by Frank Mcilhargey, he is retiring. Mr. Fenner will be heading the new organization. The formation of districts has advantagess a) Any district that applies will receive 10% bonus for the project. b) There will be help in formation. c) It will be the only one formed in the State. They are at the data gathering stage. They are soliciting input from the cities. They are not looking for funding by the cities. The amount of I money levied by the Borough can be reduced by funding ' from the State. The Resource Development commission � had 11 members, the cities had an appointee. he difference between that and the Economic Development District is the city delegate can be an appointee. } With the Board, the cities will have more may for action taken by the Board. it will remove it somewhat from the Borough Assembly. Mayor Williams said the City's Economic Development Commission will run parallel to this. The big Question is we all PAY taxes i to support the Economic Development District, what benefits will derive to the City? Mr. Fanner replied, bbooardoformic thepwholepmont Peninsula. District criticaloverall for any entity in the Borough to receive funds. it can be EconomictDevelopme to enteConmmiission tas a o work togeand ther. i Councilwoman Bailie noted the City has been trying to have a closer working relationship with the Borough. she suggested Council send a letter of support to the Borough urging they continue with this. Mr. Fenner added, the Borough will be keeping in touch with the cities. Mayor villiams invited Mr. Fenner and Mr. Stedman to attend the work session June 18 with Council and the Economic Development Committee. 9-3 Bill Nelson, Engr. - Airport Float Plane Facility Bill Nelson. Regarding the boat -facility - it is near completion. it will make the dock available for the upcoming fishing season as planned. The extra facilities will be available by July. Regarding the float plane facility. The FAA has approved a grant of $1.6 Million+ for this project. The up -dated cost estimate reflects the plans to date - They will be able to construct with these funds. There axe 2 added alternates if the bids come in lower -The basic bid is a 3500 ft. water runway connected to a 2800 ft. taxiway for tie-up. There is an area airportted activityuand boost tore -lease urism &fishiLa ng.stThhe ate - - -----_ paved road on 4th Ave. is the access road to the L L i KENAI CITY COUNCIL June 17, 1987 Page 4 runway. There is a limited access runway for wheeled planes to convert to floats. There is a launch ramp and security fencing. Possible let Ave access is an added alternate. An access road up to the leased lot area is an added alternate. They will begin construction Aug. I. The current airport work will be complete. They would like to have the bid opening July 15, plans available June 22. Councilwoman Bailie said she understood the water tank would be outside of the secured area. Mr. Nelson replied, the existing security fence runs on the airport line. it is all secured area. They propose a new fence that will have gate access. It will maintain the water tank as a secured area. There has been vandalism in the past. With the added alternate they will be changing the fence on 4th Ave. with gates to limit access. Access would be by lot Ave. They estimate 20-30 cars per day, it will not be heavy traffic. Councilman -Measles asked, if we use 4th Ave. access, will there be security for the float plane basin? Mr. Nelson replied no, there will not be a gate across. Councilman - Measles asked, what would the City's liability be if there is damage or a drowning? Mr. Nelson replied, there will be a gate but it will normally be open. Atty. Rogers replied, the liability is not greater nor less than now. We have numerous gates now that are not all locked. The water could be an attractive nuisance. He will review this. Mr. Nelson said the water taxi -way area is already in existence. It has been maintained with water for a long time. They have designated an overflow spillway with a screen. The existing fence encloses the float plane basin. 4th Ave. would be the only place open. With the added alternate, they could l walk but not drive in. He added, calling the ponds an attractive nuisance is a judgment tali. A fence is climbable, the existing fence can be knocked down. Atty. Rogers noted the increased traffic could be a safety hazard, it will be watched more by the tower. Airport Manager Ernst said a facility of this type is almost impossible to secure. A gate is not the solution. It is more secure than Lake Hood and others in Alaska. MOTION: Councilwoman Bailie moved, seconded by Councilman Measles, to proceed so the documents are ready to be handed out by June 22. Engineer Lashot noted they have the ad in the paper now, he will send the plans June IS. Motion passed unanimously by roll tali vote. B-4 Leif Hansen Memorial Park Construction Dr. Peter Hansen, Kenai. His family is encouraging Council to look at the Blazy bid. Finance Director Brown reported, this date Dr. Hansen submitted a check for $25,000 to him. Taking the Blazy bid, substituting alternate N3, adding added alternate N2 is $66,940. substituting City funds of $43,560+, the short fall is $25,000. That is Dr. Hanson's contribution, with $700 left over. Councilwoman Bailie expressed the thanks of it to Dr Hansen for the dgnation. the -Count •. Ns ( f L 7 KENAI CITY COUNCIL June 17, 1987 Page 5 Councilwoman Bailio moved, seconded by Councilman Measles, to accept the bid from Blazy for the basic bid and deduct alternate f3. With Dr. Hanson's donation, I the money would be available with added alternate 01 & 02. MOTION, Additions Councilwoman Bailie, with consent of second, further explained the motion, by stating they wanted the basic y� bid and alternate 02, delete 01 and accept 03 for $68,940. Councilwoman Bailie noted the sidewalk could be added at a later date. Dr. Hansen said Architect Gintoli recommended deleting f47,000+. By adding alternate 03 we would be going to a ready-made gazebo. It would not be as substantial or as well-built- They (the family) would be happy with either. if we take the larger one without alternate 03, it would take extra time. Architect Gintoli explained, after the bids were opened, he met with the Public Works Dept. It would be worth f3,500 to get the larger gazebo. Both will have wood floors, the designed one has a cupola roof, planters & benches on the exterior and is larger. All bidders bid on the same alternate, there is a $9,000 spread. Mayor Williams noted Blazy is the low bid for both gazebos. Finance Director Brown noted we could draft an i m 88eting�.t to if Council wantsu$72(,440rgthey afor re short $3,500. Council could award 172,440 subject to appropriating at the July 1 meeting, it will not be before Council again. He then reported the Recreation i Dept. has f3,500+ for park improvements. MOTION, Withdraws Councilwoman Bailie, with consent of second, withdrew her motion. j MOTIONS Councilwoman Bailie moved, seconded by Councilman j Measles, to appropriate $72,440 to allow the contract to be awarded to Blasi Coast. to include $43,560 available from City funds, $25,380 donation from the , Hansen family for the large gazebo, and the remainder to come from Recreation Dept. funds. Motion passed unanimously by roll call vote. I C. PUBLIC HEARINGS C-1 Ord. 1215-87 - Rescind Ord. 870-83 - Public Easement - candlelight Dr. MOTIONS I Councilman Measles moved, seconded by Councilman i Mccomsey, to adopt the ordinance. There was no public camment. �r r � I..r KENAI CITY COUNCIL June 17, 1987^� Page 6 MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the ordinance. ;4 There was no public comment. 1 Motion passed unanimously by roll Call vote- Ijj) C-3 Ord. 1218-87 - Increas. Rev/Appns - Senior Day Care { �- Donations - $1,850 NOTIONI Councilwoman Bailie moved, seconded by Councilman Mccomsey, to adopt the ordinance. I There was no public comment. " - Motion passed unanimously by roll call vote. ,C C-4 Res. 87-37 - Transf. of Funds - Ice Maker at Senior ,t Center - $4,600 � MOTIONI i _ .4 a Councilman Measles moved, seconded by Councilwoman 1 Bailie, to adopt the resolution. There was no public comment. Notion passed by unanimous consent. iz - ( C-5 Res. 87-38 - Extension of Drilling Permit - Cannery ,! Loop Units N1 i 13 iE MOTIONI �. Councilwoman Bailie moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Notion passed by unanimous consent. C-6 Res. 87-39 - Awarding Lease on City Marine Dock, Station 12 C-7 Res. 87-40 - Awarding Lease on City Marine Doak, Station 13 Council reviewed Harbor Commission minutes and Engineer LaShot 9 s memo - �� C-6 Res. 87-39s 1: -- NOTION& Councilman Measles moved, seconded by Councilman McComsey, to adopt the resolution- . 1` PUBLIC COMMENTS a. Joe Nord, Allied Processing Harbor Commission ---- --- ---"----- -� Member. He suggested the minimum bid be paid before June -15,- rather than 5.03 pes -lb.- _ Oct 4. These are cash buyers and they leave Aug. 1. » credit. We should protect the City's revenue. - _ - This is a- possible- ;90,000r- We could--coact--totes_ _ r - - of fish - 1,000 lb. is $300. We can afford to put r) MNAI CITY COUNCIL June 17, 1987 Page 7 someone down there. We should bill the people the next day and collect before the next period. These people have cash. The bulk of the run is over by Aug. i. This is credit line without collateral or credit rating. b. Larry Powers, Cook Inlet seafood. He has been in Kenai 30 years, he is buying for Whitney Foods. He has fit Million credit at a local bank. He will pay 25% of the load in cash, the rest at the end of the season. He will have $150,000 worth of equipment that is not going anywhere. A performance bond is no problem. He settles with Whitney Foods on Oct. 1, that is why he asked for Oct. 4. Mayor Williams asked if he had any objection to a personal guarantee as well as corporate guarantee. Mr. powers replied, he would be signing as sole proprietor. Mayor Williams suggested securing a personal guarantee so we have assets to go against. Councilwoman Bailie said with a personal guarantee we should have something in the specs regarding a performance bond. It should have a personal guarantee with sole proprietorship and minimum amount up -front as suggested. Mr. Powers said in the bid proposal it said 3 increments, $8,500 minimum. He could give the City that right now. Mr. Nord said it would be than later. better to Mayorct eWilliamsn the sasked nrn the if the Harbormaster's duties include keeping track of totes on a daily basis. Engineer LaShot replied yes - that and fish tickets. He added, since we did not receive bids, we did this by negotiation. The specs can be used for negotiation. Motion passed by unanimous consent. C-7 Res. 87-40c MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the resolution. PUBLIC COMMENTS ' a. Joe Nord, Allied Processing, Harbor Commission member. Mr. Ihander needs to be watched closely and have his money up -front. He should have a performance bond. Mr. Nord had dealings with him in the past, he will be in Oregon by Aug. S. Engineer LaShot said he•spoke with Mr. Ihander on the phone. He said he would like to stick with his proposal and bid specs. Councilman Measles suggested Administration incorporate the same requirements in this agreement as in the last. Council agreed to the suggestion. Engineer LaShot asked, what if he turns this down? Atty. Rogers i replied, it will be available to anyone else under these terms. Mayor Williams asked, did we negotiate with Mr. Ihander without bid documents? Engineer LaShot replied yes, but we referred to the bid specs. Atty. Rogers said the tentative arranvements were subject to Council approval. - Timers are now new assauyciva...o. --- ••--- -- accept or reject. Engineer LaShot asked if this _hoe to be awarded by Council- Atty. Rogers - - replied no, coundil gives direction to -proceed,- he --- - � --- -- will review the contract with Public Works. -- Engineer LaShot said if Mr. Ihander turns this i 0 KENAI CITY COUNCIL June 17, 1987 Pa e 8 g down, we have 2 proposals that are not close regarding payment. we will probably be starting from scratch. City Manager Brighton added, only with the specs as declared. b. Bill Nelson, Engineer. A suggested option is, if the City had someone who wanted to lease and was { willing to make daily payments, we could require a smaller up -front amount. C. Joe Nord. what does the City do it they take fish evict for 2 periods and do not pay? you weeks arem? If you wait for the July 1 meeting, gone. Motion passed by unanimous consent. C-8 Res. 67-41 - Awarding City Hall painting 6 papering MOTION$ Councilwoman Bailie moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Notion passed by unanimous consent. C-9 Res. 87-42 - Awarding City Hall Floor Covering MOTION $ Councilwoman Bailie moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Notion passed by unanimous consent. C-10 Res. 87-43 - Transf. of Funds - Senior Day Care - $3,600 1 MOTION$ Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. ' i Motion passed by unanimous consent. C-11 Res. 87-44 - Awarding Janitorial Contracts, 1987-90 - f City Hall, police Dept., Airport Terminal, Library 1 NOTION$ I Councilman Measles moved, seconded by Councilwoman I Bailie, to adopt the resolution. There was no public comment- Cou oilmen Measles asked why the police Dept. did not 0 n bid. City Manager Brighton explained the accept low !; low bidder has had a contract in the past, they were not satisfactory. This is a per year prise. Mayor ; Williams asked, what happens if the same thing happens? --_- - - -- -- - City Manager Brighton replied, we have a clause to - - - -. - - - - -- relieve -- them. - Motion passed by unanimous consent. j` dti •'i KENAI CITY COUNCIL Juno 17, 1987 Page 9 D. C0M IISSI0Ns/C0MMITTEES REPORTS D-1 planning 6 Zoning Mayor Williams noted he will have to appoint a now ad hoc member. D-2 Harbor Commission Harbor Commission Chairman Quesnel reported they had a t. meeting 6-15-87, minutes were distributed this date. D-3 Recreation Commission Recreation Director McGillivray reported the flower boxes are out, the painting is done. D-4 Library Commission - - None D-5 Council on Aging Program Director porter reported they received notice i of $17,600 from United Way. i D-6 Airport Commission j Councilwoman Bailie reported they had a meeting 6-11-87 be discussthe ing the BSSiane facility Council need to will consider remodeling of the terminal when FAA leaves. With professional services, we can assign an architect. MOTION Counc{ givenithemcontracteforved that terminalArchitect remodelingintolL e design. i Motion failed for lack of a second. i Councilman Measles said Council and Airport Commission i should review this. Atty. Rogers said we have time, becausebut we on concessions, oneould start. City ManagereBrighten suggested council have a work session. He added, we should have an architect on hand wheft the determinations are reviewed. Mayor August. Council Ccilsted ag eedetoork thesession be suggestion8ch�uled D-7 Mae. Comm/Comm a. Beautification Comm. Mayor Williams noted the - minutes of the last meeting are in the packet. Councwoman re dyi1 here are l27 ofpthem. orted tSome he banners are were contributed by the high school. j b. Economic Development Committee. Mayor Williams reported there will be a work session 6-18-87. E. MINUTES 1 Approved by Consent Agenda. g CORRESPONDENCE..- - F-1 AK C&RA - Final Payment -2_ AK DOT&PF - Transfer State_ Maintained Roads to Local Municipalities L 7 "-, �-, I KENAI CITY COUNCIL June 17, 1987 ,f _1 Pago 10 Approved by Consent Agenda. 0. OLD BUSINESS None H. NEW BUSINESS H-1 Bills to be Paid, Bills to Ratified MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to approve the bills as submitted. Motion passed by unanimous consent. H-2 Requisitions Exceeding $1,000 MOTIONt Councilman Measles moved, seconded by Councilwoman Bailie, to approve the requisitions as submitted. Motion passed by unanimous consent. H-3 Ord. 1220-87 - Increas. Rev/Appns - Federal Revenue Sharing - $437,379 Approved by Consent Agenda. H-4 Use. - Rate schedule - Dock Facility Councilwoman Bailie asked, what about people camping? Mayor Williams replied, the fee is for motor homes, not tents. Councilwoman Bailie noted Homer & Seward are charging. Harbor Commission Chairman Quesnel explained, unlike Homer & Seward, we do not have any space. We will take a look at it through the year. Councilwoman Bailie suggested posting a "no camping" sign. Mayor Williams noted the Harbormaster can take care of this. There will be someone there 24 hours a day. Mr. Quesnel replied they have a sign there now. Mayor Williams said Public works Director Kornelis has a proposal of enlarging the staging area. He would like to have the Harbor Comm. review this. We have $900,000+ available for roads, etc. If we need a larger area, we can look at it this Fall. Councilman Macomsey asked if there will be trailers for the people leasing the dock. Mr. Quesnel replied, if there is room they will be assigned a space. He added, regarding the boat launch ramp. They figured no charge for 1987. Next year they will charge. Mayor Williams said it was not the intention of Council to charge. { Mr. Quesnel noted Homer & Seward charge. Mayor Williams said regarding the waste oil dump, what are we going to do? Engineer LaShot replied, we have no ppians at this time. We can spread it as dust retardant if it is waste oil. They will have to check the composition. I Mayor Williams noted the showers are $3, when will it not be worth $3? Mr. Quesnel replied, the customers { will decide. He added, regarding the skiff moorage charge. That will be difficult to enforce. Mayor Williams--said--those-that-moor skiffs used by drifters pay ahead. Mr. Quesnel suggested using stickers to identify. No action taken by Council. KENAI CITY COUNCIL June 17, 1987 Page 11 H-5 Disc. - Subordination Agreement - Roger Holl, NBA Atty. Rogers explained, Admin. Aest. 0erstlauer has attached a memo. The City position is $61,000, the bank position is $283,000. This is a negative position. tie has advised against subordination. Admin. Asst. 0erstlauer noted this is 1/4 of the building. Atty. Rogers added, he thought the Coda prohibits this. Mayor Williams asked Administration to prepare a list of all properties with 2nd position (or worse) to indicate the possible consequences of these, the amount owed, and the amount the City could become liable for should bond indebtedness not be met. Council took no action. H-7 Disc. - Agreement for Exchange - Automatic Aid/Initial Action - Fire Protection, Rescue, Medical Service City Manager Brighton said this is an agreement with Nikiski, Kenai and Kalifornsky Beach. It is a mutual aid agreement that we will respond in case help is needed in any fire district. it does not include Soldotna, Sterling, etc. There is no additional cost. It has been worked out by the people in those areas. Item Info 03 is the Memo of Understanding, this is the technical part. it will provide all the districts with manpower, expertise, and apparatus not available before. Councilwoman Bailie noted we are dealing with one volunteer district, one part volunteer and part paid, one all paid. Would this get to a point where if they know Kenai will respond Kenai will have to do a lot of fire service for K-Beach? Fire Chief Al Willis, Nikiski. K-Beach has 4 paid, 2 volunteer captains who coordinate with Nikiski. They work as one unit. if there is a fire at K-Beach, they respond, Nikiski picks up. K-Beach will be one year old July 1. They went to a Class 8 in the lot 6 weeks; that is the first time in the state, possibly in the U.S. With 3 dopts. they can put 35 paid people on line. We have 26,000 gallons of water on wheels with 3 depts., 1300 gallons of foam. We have it Billion assessed valuation, $2 Minion+ payroll. They do not pay each other because they are organized to help. They are 5-7 miles apart, they can make this work. Mr. Brighton added, if K-Beach were called, Nikiski will cover our fire house, Nikiski will not run to K-Beach. We are let response for K-Beach. All of these depts. have substantial training, they will be able to inter-rolate with all depts. Chief Willis noted this is nothing new, we have had cooperative agreements with the State, but we do not have the service we had 5 years ago. K-Beach people will take the place of the Feds that left 3 years ago. Mr. Brighton noted there is a 30 day cancellation clause if this pdoes not work. both Councilwoman Bailie said the City will directions at all times, wo will have to go to more fires. she suggested a report at intervals. Chief Willis replied there will be a once a month report. Also, K-Beach will be available if the bridge is not usable. Mr. Brighton said he would give Council the monthly report. Counoil agreed tc sign the agreement. Viec._- Room Use - Recreation Program X LIN J e i KENAI CITY COUNCIL June 17, 1987 C Page 12 Recreation Director McGillivray explained this memo was received the day after Council action on Community Schools. KCHS was upset by this. we are running the summer recreation program with 90 kids in our facilities. They have morning and afternoon groups, the only problem will be the aerobics in the morning. If it rains, it Will be noisy upstairs. We felt We would not pay fees and will use our own facilities. Councilwoman Bailie asked if anything has boon done regarding Community Schools program. What will happen next Fall if the City does not go? Will we have to pay for school facilities for basketball? Mr. McGillivray replied, the way things have been cut back, he does not know. They do not know if the Community School program will continue. All have received "pink slips." It will depend on outside funds. Unless they have a custodian on duty, we will probably pay in the evening. Our basketball encompasses Nikiski as well as Kenai. No action taken by Council. I. ADMINISTRATION REPORTS 1-1 City Manager j None 1-2 Attorney i Attorney Rogers spoke. i a. The City has been sued by Miles Dean. He will be responding. This goes back to about 1980. b. He will be leaving for a trip this date. There will be a seminar on Personnel Law in Seattle. He asked if he could attend and be reimbursed for some travel, per diem and tuition. Mayor Williams noted Council approved $950 for the Bar Assn., would it be from this year? Atty. Rogers replied, as much as is left. Mayor Williams noted it is outside of the 3rd Judicial District. f i I-3 Mayor Council agreed to the request. j Mayor Williams spoke. a. Council still has not set a work session for the Clerk, Attorney and City Manager review. Council agreed to meet in September. j b. The City brochure has been held up because the printer has been ill. It will be ready next week. C. Council has to set a work session to review the R/v ordinance. 1 Council agreed to meet in September with the Clerk, City Manager, Attorney review. d. JPTA meeting will be July 7 to Aug. 2. He cannot attend, but asked them if Economic Development Comm. Chairman OReilly could go in his place. They will be reviewing economic development on State- Ievel - They will- cover -the-costs— _ if there. is a shortfall, he asked if Council could cover the per diem. It would be about $200. 1 L KENAI CITY COUNCIL June 17, 1987 Page 13 Council agreed to the request. e. The grant writing proposal has been advertised. f. The Bicentennial Constitution Comm. has a $1,000 bill of $1 800 appropriated. He would like to have the City support the air show July 4. They are having trouble getting enough money for this. He to ts. iCityeManager800 aBrightonunot d thisld be risuaed hi Chamber of Commerce program. Councilwoman Bailie suggested $200 of the balance be sent to the Boy scouts to replace the stolen flags. Mayor Williams noted 30 were stolen. Councilman Mccomsey added, this is not the 1st time flags have been stolen. Council agreed to the suggestion. g. Regarding Alaska National Guard. He talked with Mr. Burnett of Sen. Stevens, office and asked if he should send up more signals. Mr. Burnett said we should hold back at this time. They are hoping by Sept. or Oct. money or questions will be resolved. He is asking for a total moratorium for one year. h. The Summer Hire program is going well. He met with the kids, they are enthused. 1-4 City Clerk Clerk Whelan spoke. a. The liquor license application for the Golden Inn is included in the packet. (item 1-4) b. A representative of one of the local cab companies couldsbe low ered.fecouncilmanrmccoasey asked thati the fees charged in other cities be checked. Atty. Rogers noted, there is no limit on the number of cabs here. There is a limit in other cities. in view of the administrative efforts of the Clerk, he thought this was not an unreasonable fee. j Council took no action. I4 1-5 Finance Director None 1-6 Public works Director None 1-7 Airport Manager Airport Manager Ernst spoke. a. The Airport Master Plan is complete. b. The south and work is ready eekfor paving. it will be rte d a. starting 6-19-87, there will be a D-9 Cat on the runway level out the berms. it will be seeded. d. George Millen was at -the last Airport Comm. ---- - - _ - --- ----- -. _ -__-. __-. meeting asking permission to put in a gift shop between the travel agency and the north entrance door. The -commission -recommended -it be -done. --He- told Mr. Millar it would need an RFP. J i KENAI CITY COUNCIL June 17, 1987 page 14 J. e. Councilman McComsey asked about U.S. HB-2310. (Money to small airports) Airport Manager Ernst replied, we are above the enplanement figure. (10,000 per year) It will not affect us- The Commission asked Mr. Ernst to Bend a letter to our legislators in wash. D.C. to ask approval. d.(contd) George Miller. He is interested in putting a gift shop in town. It would be all Native manufacture. He will get a wholesaler in northern Alaska. Atty. Rogers explained the problem is we have had a number of people express interest in this. Council has put them off till we decide what we will do. Since it is a public facility we have to have proposals with bids. Mr. Miller said he would put it on hold. Atty. Rogers added, we hope to decide by next year. with FAA moving out, there will be more space. City Manager Brighton noted, this is a unique situation, it will be only artifacts made by Alaska Natives. The irony is we have 2 stations available, he is not asking for one of those. Councilwoman Bailie asked if he could relocate temporarily. No action taken by Council. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Mayor Williams distributed the new "Situations and Prospects" publication from the Borough. b. Councilwoman Bailie said she was contacted by Ruth Parsons. She is getting part of her homestead back. She asked if there was any way People could volunteer at minimum wage and accrue towards paying their taxes. She asked if Council could consider this. C. CouncilwoChristmasman decorationsoted we and theabanners).avWethe cannot use the front end loader. She asked Engineer LaShot if we could get a bucket attachment. We may have to rent otherwise. It may be a wash. It would be used at least 4 times per year. d. Councilwoman Bailie asked if we could look at a local preference ordinance regarding bidding. we had one in the past. e. Councilwoman Bailie said the last time she was in Soldotna she was unable to got out in the road because of the campers going to Homer. We need to get a reason for them to come to Kenai. we could advertise the golf course, promote the City. We have the oldest Russian church in the Peninsula. we are losing tourist dollars. f. Councilman McComsey said there will be a softball tournament this week end, with 14 teams. They had I 17 teams last time. The businesses appreciate this. g. Councilwoman Bailie noted the Plant Test Site is open to all who want to plant a garden. it is not being used as originally designed. It would be more valuable as a camper park than this. City Manager Brighton noted we received a memo 2 months ago that they would be using the land, nothing was said regarding this. Councilwoman Bailie said the representative in Homer has said she cannot garden as Walter Them did. The gardens have been started. f. (contd)--Mayor-Williams said -we should address the-, softball situation. it is major generator of dollars. The immediate need is a tent area for 0 Novi am r KENAI CITY COUNCIL June 17, 1987 page 15 them. we should take a look at all the softball team facilities. We should put in water. We could have an R/V park on Spruce. He asked, how much of the plant Test site is being used? Councilman Mccomsey replied, about 1/2. Councilman Measles said we cannot take it back, it was for experiments and use. Mayor Williams asked if it was a year to year agreement. Atty. Rogers said he would check if there was an agreement. ADJOURNMENT& Meeting a^^dloourned at 1105 PM. /1/-A� Whelan :lurk C JONM C STENN18, M1881551►►1. CHAIRMAN 11011RT C DYRD. WEST VIRGINIA MARK O NAT &W OREGON WILLIAM PROXMIRE. W SCONSIN TED STEVENS, ALASKA DANIEL K INOUYE. HAWAII LG VILL P WICKER. JR. CONNECTICUT ERNEST P. HOLLINGS. SOUTH CAROLINA JAMES A. MCCLURE. IOAHO { iLAWTON SENNEC1JOHNSTON.OL JAKE DARN, UTAH �nite� Staten $mate J DENNETi JON5N. IOUISIANA TNAO COCHMN, MIBI1851PP1 OUENTIN N BURDICK. NORTH OAKOTA RODENT W KASTIN. JR. WISCONSM rgNICK J IHNV, VERMONT AITONSI M O'AMATO. NEW YORK f I SASSER. 111011116591 WARREN RUDMAN, NEW HAMPSHIRE _ ANIS OICONCINI. ARIXONA ARLEN $PECTIN, PENNSYLVANIA COMMITTEE ON APPROPRIATIONS 6 PRANK A IIAUTINDIRO, NEW JERSEY CHARLES I ORASStIV, IOWA� WABNINGT0NI QC 20610-8018 TOM NARKW. IOWA DON NICKLES. ORL/INOMA DMIARA A MIKULINI. MARYLAND 1 HARRY RE10, NEVADA i PRANCIS J SULLIVAN, STAFF ONUCIOR June 4, 1987 J KEITH RENNEOY• MINORITY STAFF OIRECTOR ' The Honorable John J. Williams Mayor, City of Kenai 210 Fidalgo --- - Kenai, Alaska 99611 Dear Johns Thanks for sending me copies of your letters to Col. Lindemuth and Lt. Haller of the State of Alaska Department of Military and veterans Affairs in order to let s me know of your efforts to gain the relocation of an Air National Guard unit in Kenai and to share with me your hearty welcome for the men who serve aboard the us3 Alaska - which will soon be visiting Seward, Alaska. I appreciate knowing of your invitation for the crew to t- spend some of their shore leave time on the Kenai Peninsula t and also of your interest in joining a contingency from the City of Kenai to come aboard and visit the uSS Alaska some time during its stay in Alaska. We're all looking forward to a successful visit. Please let me know if there is anything I can do to help ensure Kenai's participation in the events. j Thanks for bringing your interest in the uSS Alaska to my attention and for updating me on the resolution you have prepared to set aside land needed for an Air Base near Kenai. I'd like to know how the Council will respond to '_....._ your proposal -- could you send me a copy of the final version which is passed? Good to hear from you, John. Thanks again. With best wishes, ordiallye TE STEVENS 7 0 L FRANK H. MURKOWSK4 AMSKA F CONIM KI Vsnfttd ostatta osmatt EilMNY pMIMOtANoU1NIGN0 MEMNK) rimy ON0 NArim MOW" WASHINGTON, CC Z061O �uNEAu roMaN �� 13071>ta"115 Us. /[0ML EUROM MM14 ApAME OON INr. N1O! June 9, 1987MUSM �, porlNFuo0 The Honorable John Williams `G' Mayor � City of Kenai 210 Fidalgo �'� Kenai, Alaska 99611 Dear Johns I appreciate your continuing to provide my office with copies of correspondence related to your desire to locate an Air Guard unit in Kenai. This is very helpful, and I wanted to acknowledge that we were indeed receiving this information. Sincerely, Fra k H. Mu owe United Sta a Senator CONsuLAIMORNKRAL OF JAPAN 909 Wggr ST## AVENUS. *UIT6 $01 ANcloRAGE. MAMA 99501 June 5, 1987 7he Honorable and Mrs. John J. William T? Mayor, City of Kenai 210 Fidalgo Kenai, AK 99611 ij 17 71. Door Mr. &M=. Williams: I would like to take this opportunity to express aW sincere gratitude to you for being such courteous hosts to my wife and I during our May 22nd 5 visit to Kenai. a OI tunity to meet such oppor- tunity luncheon you hosted for us was very enjoyable and 9MVe us 4 such wonderful people such as, William White, Plant Bblwger for Unocal, Mr. Les viel-ra, President of Kenai Peninsula CwMMitY College, and Mr. & Mrs. Jim Carter, President of Kenai Chamber of Commerce. 7hrough our visit to Unocal and the ING Plant facilities, mywife and I gained much knowledge of their operations and purposes• Now that you have presented us with the key to Your city, I Plan to keep it with n-e always as a memory of our visit to lovely Kenai, Alaska. I look forward to playing golf on Your superb golf course in the near future as I love the sport. Kenai is truly a beautiful and enjoyable place to visit and I look forward to returning soon. Please don't hesitate to call if you need iTW assistance. I'd be happy and between the Japanese can help enhance friendship and understanding if I the people of Kenai. Ihw& you again for your assistance and kind attention during our visit. 1. sincerelyf 11bkuji Ikeda- Consul of Japan a � - 1 P Thomas D. Blazy, Builder � June 23, 1987 • RECEIVED i- Keith Kornelis, Director Department of Public Works JUN 2 5 1987 city of Kenai 210 Fidalgo d%W Kenai, Alaska 99611 - a RE: Leif Ranson Memorial Park At no cost to the city of Kenai, we would like to include the alternate addition /l as port of the work we plan to do for the Leif Hanson t Memorial Park. t' -- We thank you for this oppurtuaity to construct this project. ,L Sincerely, 5 Thomas D. Blazy 44539 Sterling Highway Ste. 301, Soldotna, AK 99669 ` < - PHONE: (907) 262-5080 orb id', O La rc C3 w WIloilo -III dffi�= r'— PUKHASE ORDER i CITYof KEN AI NUMBPURCHASE ER MUST APPEAR ON tANARY ITE - VENDOR 210 FIDALQO ST. PHONE 283.7538 AM PAuaGESAND PAPERS LDENROD • ACCOUNTING RELATING to tHls PUR• • ACCOUNTING KENAI, ALASKA 88811 CHASE. ESHIPPING & RECEIVIN KNREQUISIOVED T REQUISITIONER COPY 7/01/87 DoN VENDOR NO. Ordered by__r___.. �AIRTER Date � TO Contact_ 'y Phone .y SHIP VIA. BY rvt�r wn PREPAY SHIPPING . CHARGEGo oWtAtux� PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY {SEPARATE ON INVOICE THE FINANCE DIRECTORORMISAUTHORIZED AGENT I DESCRIPTION OR ARTICLE ppEp UNIT UNIT PRICE AMOUNT ITEM NO. FURNISH & INSTALL ELECTRICAL WIRE TO $1800.00 CRANES.8 & C AT CITY DOCK - ={ STATEMENT BELOW READ OR MAILED TO VENDOR. _PO is for all cost & freight to Kenai Freight for this PO is on PO 1i,__._ TOTAL By vumw4m MUM - --- --- - �jr,�c/L lib: .' tb.io %Darks City CIVA 01141- 4I t — F,uu�nitteJ CNu�GIct<--- L ;i L� J � n a n Is p iN+ � C /N�p 00 �1 Ini ti p flppp 1pr � n� ~ 0.0�ry ppyP N a p Cpp ir' o m ro H �+ n „ 7IN" 4� gMp. �1 -4 ro y p ~ pp M ~ O n CCo i to C IC g °.� 4Y P i fy � 0 ro w ►r+ r cr h Own fr i l Q �1 tip n ly � pMp r p p 8 S o 8 IS 8 1` �. Sf �l N—� Suggested By: Administration CITY OF KENAI ORDINANCE 1221-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $25,380 IN THE LEIF HANSEN MEMORIAL PARK FUND AS A RESULT OF A DONATION. WHEREAS, Peter O. Hansen, on behalf of himself and his family and friends, has donated $25,380 to the City to be used toward construction of the Leif Hansen Memorial Park, and more specifically a fountain to be -constructed within the Park. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Leif Hansen_Memorial�Park. Increase Estimated Revenues: $25,380 Donations increase Appropriations: $25,380 Construction PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 1987. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: July 1, 1987 Second Reading: July 15, 1987 f Effective Date: July 15, 1987 Approved by Finance: e!W ,. (6/19/87) Suggested By: Administration CITY OF KENAI ORDINANCE 1222-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,189,239 IN THE FLOAT PLANE BASIN CAPITAL PROJECT. WHEREAS, the Federal Aviation Administration has approved an allocation of $1,683,289 in Airport Improvement Program funds for a float plane basin and related improvements; and, WHEREAS, $505,950 is available from the 1984 State Grant for airport improvements after closing the Main Apron Extension Capital Project; and, WHEREAS, the City Council desires to proceed with the construction of the Float Plane Basin. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Float Plane Basin Capital Project ' Increase Estimated Revenues: $1,683,289 FAA Grant 683, 950 State Grant - 1984 — 05.950 Increase Appropriations: $ 196,000 Inspection 1993,239 , Construction $2,189.239 �1 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day f of July, 1987. i JOHN J. WILLIAMS, MAYOR ATTEST: 1 - Janet Whelan, City Clerk First Reading: July 1, 1987 Second Reading: July 15, 1987 Effective Date: july 15, 1987 -- - - -- ---... ------,--- Approved by Finance.- (6/22/87) L '} Suggested By: Council CITY OF KENAI ORDINANCE 1223-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TITLE 1 BY ADDING CHAPTER 1.58 ENTITLED "ADVISORY ECONOMIC DEVELOPMENT COMMISSION"; AND BY AMENDING KENAI MUNICIPAL CODE SECTION 1.90.060 ENTITLED "SPECIFIC REQUIREMENTS OF BOARDS, COMMISSIONS AND COMMITTEES." WHEREAS, it has been determined that there-is_a need for an advisory economic development commission to plan and coordinate the development of industry, commerce and government in the City of Kenai. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following amendments be made to the Kenai Municipal Code: Section 1: Title 1 of the Kenai Municipal Code be amended by the addition of Chapter 1.58 entitled, "Economic Development Commission," and enacted in its entirety as attached hereto. action as Title 1 of the Kenai Municipal Code be amended by amending 1.90.060 entitled "Specific Requirements of Boards, Commission, and Committees" and enacted in its entirety as attached hereto. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 1987. JOHN J. WILLIAMS, MAYOR E. L Section 1: Chapter...1.-a8 ADVISORY ECONOMIC DEVELOPMENT_ COMMISSION Sections: 1.58.010 Duties and Powers 1.58.023 Qualifications 1.58.030 Membership 1.58.010 Duties and -_Powers: The Commission, at the pleasure and direction of Council, shall: (a) Make and prepare reports and plans relating to economic development of the City for approval by the City Council. (b) Actively pursue, study and coordinate proposals from private industry, commerce and the government sector to enhance the economic growth of the City. 1.58.020 Qualifications: The members of the Economic Development Commission are exempted from the residency requirement as stated in RMC 1.90.030. 1.54.030 Membership.: The Commission shall comprise of seven (7) members who shall.be chos n so as to represent broadly the following areas: :V V�-� - (a) The oil industry. tJ (b) The small business sector. (c) The banking profession. (d) The fishing industry. (e) The local Native community. (f) Local, State or Federal government. (g) The professional services. Section 2: 1.90.060 Sgecifc__Requiremente.,oP._Boards,_ Commissions_ and Committees: Specific duties and powers of the Library I { Commission, Harbor Commission, Planning & zoning Commission, Recreation Commission, Adv_isorYEconomic De ..velopment Commission:,. and Landscaping/Site Plan Review Board as defined in [SECTIONS] i Chapters 1.57, 11.10, 14.05, 14.25, [AND] 19.05, and 1._5__,- will remain in effect. Creation, qualifications, terms and l proceedings for these [FIVE) six commissions will be as stated in this section on procedures. - - - - - -- - - - - J ------------- --- - -- =-- I 4. . 4 Top Court, Ending Tern, Again Rules i In Favor of Property Owners' -Rights gy gram Wesenrst. n� .�. . Iha, the court Bald tAat the power to attach SMORepmter q/Tae Weil. aT"m"Guaw" WAt3 OGTON — The Supreme Court, conditions an development comes from the power to proMM development altogether. concluding Its term with the second major ruing In favor of Property owners this A condition that allows development, the courtservethepurpose robM. must montA: sent atone and local land -use mu. p The dispute Involved a couple with lators back to their drafting tables. The high court ruled that it state and lo- a tt . cat permits that attach conditions to build• Ing permits that see unrelated to the pnr n� Angeles. In IM they Plannedtlim to tear. down w house on, part of a 3.sao- pose of the developments or to problems created by them, the result may be a tak• squaredoot lot, asd to Put up a larger ham• The state Coastal Commission W Ing of property for which the government must compensate the landowners. w + , Proved the planon the conditionthat the couple peoride increased access to the along the beach In front of the The 54 decision, which Involved efforts in California to increase access to Pub public • J ` '' 4� v l' + ' ; -� t t-I ' The Cadfornia' of restates beaches. will make it tougher for to expand such access. lAwwyyers fdr developers also say the decision will form •Appeals 1� dents .0�r ,the lendow ers. James and Marilyn Nollan. that the com- planning officials In many Places to stop using building Permits to exact support mission should be required to Prove that the building would.have i negative effect from builders for other goals, such as love on beach access. ' �'1,, i . '-I" , , - � But the high court 1rev�rsed the C lklbr income housing, child care centers, mass transit and maintenance of art work. nia court. The comRrisston's goal. the high , The ruling, issued Friday. follows an• other on June 91n which the court decided,:. court add, "is simply an expression ... - that the public Interest will be served by a, '. 6.3. that bud -we officials may be liable for damages If 000ft regulations prevent cennuous strip of publicly accessible beach along the coast. The commission I . landowners from using their property. may well be right that 1t it1 A good Idea, but that does not establish that the NOnaus even temporarily. r The two decisions together require land other coastal residents) alone can be Compelled to contribute to Its realisation." " drastic rethinking by the regulators about how they treat people who come before Michael Berner, a lawyer in If California wants more beach access. It may take the land by eminent domain. the them." said Santa Monica. Calif.. who represents land- court said. ,. ..,.:<k i owners and developers. "The kinds of things land regulators can demand have Justlee Wiliam Breanan dissected. joined by Justice Thurgood Marshall. Jus• Harry Blackmun been restricted, and U they try tb deny use rather than attach conidtions, they will tires John Stevens and also dissented. Justice Brennan argued have to pay for It," he sand. So cases Involved the Fifth Amend- that states must have flexibility io pre - serve natural resources, but said he jolred ment, which sari governments can't take private property without paying "justcom• ' this language of• the earlier ruling on damages in tonlgn cases because oMetals should be made to 11 landowner Is acts• pensation. Disputes over ten have Involved gmmMt Saloum of But pay compensation a ally deprived of the use of propsriy� Juts for set land by the power of eminent t domain. in recent years. "eat questions have tie Slovenia erldelsed the msjorlty ting "vague standards," and ciao out arisen about whether regulations that cur gested that Jaettce Brennan's podtions tan use of property. withoutactually seta ing it. require compensation. ". The two recent deddoas help •cloif fy were contradictory. `4,; • - ' Marcos Valuables . ' this confused area of the aW. Possibly to TM high Court left intact a fedent at Me dismay of many state and toed offl• elala. in the case decided Friday .lBsates- Peals court ruling that Cuomo officials ,bold t plane fo�dd more 0=9 tail -- joined a friend -of the court brief Ned .by no In cash, jewelry and other valuables Massachusetts. To handle "divergent land -use Uteresta," the Rates -Bald ibey Need- swo from former Philippines PtaWM �naoil Macros when ¢g aed to �Ae.u.B. flexibility to 0410 for regional ptroN', practices and expectations. Penult condl• lost year. dons make a wrldely used contribution to this process„ - A federal appeals court in San FT1* cl o nd last OgWber that customs offi• .9the until a dls. The court. which recessed Friday uMll may�ponusd � Oct. 5, didn't say states can't Impae Cm ditiansondevelopment perMft tnatead.lo puts over ownemblP a Mr. 1481001109 tie BowrogMnt Of pAtdsa A as ago" written by Jusft AMordn Sea.' - (brason Agnhq. . t + -... • . . 1. K L s y t j CONTRACT FOR LOBaYISP,T SERVICES,*' ASHLEY REED & ASSOCIATES, INC. I 880 "H" STREET, SUITE 204 ANCHORAGE, ALASKA 99501 tII I AND L __ CITY OF KENAI 210 FIDALGO STREET = KENAI, ALASKA 99611 THIS AGREEMENT, made and effective the second day of April, 1987, by and between ASHLEY REED & ASSOCIATES, INC. (hereinafter 1 referred to as "CONSULTANT") and the CITY OF KENAI (hereinafter - referred to as "CITY"). I RECITALS A. CONSULTANT offers expertise and knowledge in the area of legislative and government relations; and, � I B. CONSULTANT desires to accept an engagement relative thereto from CITY upon the terms and conditions hereinafter set - forth; and, '. . C. CITY desires to employ a full-time lobbyist on behalf of the CITY. t NOW THEREFORE, in consideration of the recitals, promises 1. Duties and Term. CONSULTANT will provide legislative/administrative monitoring and lobbying services for CITY on matters and issues affecting local government, acting as an independent contractor and not as an employee, in accordance with such instructions as may from time to time and at any time be given by the CITY, by and through its City Manager, commencing on July 1, 1987 and continuing through June 30, 1988. 2. Compensation. CITY shall remunerate consultant for services in the sum of TWENTY -DOUR THOUSAND DOLLARS (024,000) payable in the amount of SIX THOUSAND DOLLARS ($6,000) on the 30th day of September, 1987, and SIX'THOUSAND DOLLARS (06,000) each on December 31, 1987, March 31, 1988, and June 30, 1988, upon billing from CONSULTANT. Reasonable, necessary and normal. expenses associated directly with the duties of this Agreement are the responsibility of the CONSULTANT. No claims for expenses are contemplated by this contract. 3. Noticee. Until notified otherwise, all notices, invoices and communications shall be sent to the parties of this Agreement at the following address: •J '� aCONSULT ►�N'r" "CITY" Ashley Reed,'President Wm. J. Brighton, City - - ASHLEY REED 6 ASSOCIATES, INC. CITY OF KENAI 880 "H" Street, Suite 204 210 Fidalgo Street Anchorage, Alaska 99501 Kenai, Alaska 99611 oi -2 L 1 r 1 A- CONTRACT FOR LOBBYIST SERVICES ASHLEY REED & ASSOCIATES, INC. 880 "H" STREET, SUITE 204 ANCHORAGE, ALASKA 99501 AND CITY OF KENAI ? 210 FIDALGO STREET KENAI, ALASKA 99611 THIS AGREEMENT, made and effective the second day of April, 1987, by and between ASHLEY REED & ASSOCIATES, INC. (hereinafter referred to as "CONSULTAW") and the CITY OF KENAI (hereinafter referred to as "CITY"). RECITALS A. CONSULTANT offers expertise and knowledge in the area of legislative and government relations; and, B. CONSULTANT desires to accept an engagement relative thereto from CITY upon the terms and conditions hereinafter set forth; and, C. CITY desires to employ a full-time lobbyist on behalf of the CITY. k NOW THEREFORE, in consideration of the recitals, promis,is 4 and covenants contained herein, it is agreed by and between the parties as follows: A. g. Goyerni�_Law. This Agreement shall be interpreted in accordance with the laws of the State of Alaska. 5. Teripination. This Agreement may be terminated by either party, upon TEN (10) DAYS written notice to the other party for any cause or reason whatsoever. This Agreement will automatically terminate upon CONSULTANT'S death. Upon termination of this Agreement, each of the parties shall be relieved of further liability hereunder except such that expressly survives the termination of this Agreement. 6. Dis.,putes. Court venue for any dispute arising out of this Agreement shall be the Third Judicial District at Kenai, Alaska. 7. Reports. CONSULTANT agrees to: (a) Keep the CITY informed of Legislative matters adversely affecting the City of Kenai by submitting a weekly report to the City Manager of the City of Kenai. (b) Notify the CITY immediately upon discovering a potential conflict of interest between interests of the CITY and interests of any clients for which CONSULTANT is then currently required to perform ea. (c) Within TWO (8) WEEKS of signing this contract, CONSULTANT is to provide the CITY with a list of all clients CONSULTANT is contracting with on the date this contract is signed. 8. Complete Agreement. This writing constitutes the complete Agreement of the parties on the subject matter hereof, and supersedes any oral agreements or understandings. This Agreement can only be modified by a writing executed by both parties hereto. AS EY REED & ASSOCIATES, INC. As ' ey K. it eel, Presid nt Date CITY OF KENAI Wm. J. Brighton City Manager Date _1 .. .: . _. - . . ._ 4 -,I "l CITY OF KENAI „ Dld ear" aj 44"a TELEPNON! Zq- �6f6 MEMORANDUM TO: Council Members City of Kenai FROMRogers, City Attorney City of Kenai DATE: June 26, 1987 RE: Plant Test Site i Attached is a copy of a memorandum of Agreement between the City of Kenai and the Cooperative Extension Service relevant to the plant test site. It appears that what we have entered into is an agreement to agree. The City has performed its side of the bargain. it is unclear whether the Extension Service has completed its part of the bargain at this point. The City has not given any definite time frame to the plot. It would be the Legal Department's opinion that the City could regain possession of the property in a timely manner. • It is cautioned that individuals have planted plant material this year and it would be inequitable and perhaps not legally permissible to evict these plot -users when they have relied to the extent i n MEMORANDUM OF AGREEMENT j The city of Kenai, Alaska and the University of Alaska Cooperative Extension Service mutually agree to establish a - — - Plant Demonstration & Test Site for the purpose of determining • plants well adapted to the central peninsula and to encourage residents to visit the area & use its findings. This site, consisting of approximately two acres located at the corner of Main Street Loop and First Street in Kenai will be fenced by the city and the area used for experimentation M for a period of seven to ten years. commencing in 1984. Each of the agencies involved will perform the tasks " listed on the attached proposal which is by reference herein - made a part of this agreement. ITT r g ton T a ter em Kenai efty Manag s/,?y/tq CES Agricultural Agent a . �f r-- �,�•:�-ter_ r :� i3 COOPERATIVE EXTENSION SERVICE i UNIVERSITY OF ALASKA, USDA & SEA GRANT COOPERATING Box 1779, Soldolna, Alaska 99669 j i April IS, 1984 -1 P R 0 P_0_S A L TO ESTABLISH A COOPERATIVE PLANT EVALUATION & DEMONSTRATION TEST PLAT IN THE CITY OF KENAI, ALASKA The Cooperative Extension Service will: 1. regularly monitor the plot, see to the plant's needs, and notify the PMC of any damage or vandalism. 2. furnish fertilizer materials and herbicides to the extent that funds from TVA allow. Hand tools may also be available from TVA. 3. encourage volunteer groups in establishing and maintaining plot area (Master Gardeners, 4-H & others interested in gardening). 4. local CES Agent will make experimental plantings in a portion of the plot. Space allotments will be jointly decided by CES & PNC. The Alaska Plant Materials Center will: •• j 1. furnish all locally produced plant materials. 2. supply introduced plant materials as monies allow. 3. provide a sign listing all participants in the project. 4. prepare an annual summary report of the plot, in coordination with CES and share it with all cooperating agencies. Both PMC & CES will: 1. establish a wide variety of plant cultivars for area testing. 2. encourage tour groups and individuals to visit the plot and publicize current developments. 3. regularly visit the plot, keep records of plant performance, and develop a list of recommended cultivars for the Kenai area. '$ The City of Kenai will: 1. Provide & fence a suitable area of land. �{ 2. Designate a contact person to work out a written agreement to include: a. time frame (prefer 10 yrs) & beginning date of site preparation. j b. exact site boundaries (stake by city engineer). -- - ----- - c. level ing area &- date to -accomplish (city equipment or farmer's). d. fencing chain link or woven wire - date accomplished. a_ watar,inn arranaements - need fire hydrant hose, wrench, etc.) •r, f -1 l� � • y j ��'••;l CRY OF KENM. •• `. ; - • 1 PENINSULA SAVINGS 8 LOAN. INC. t. IN RECEIVERSHIP snd the.' • 1 FEDERAL SAVINGS AND LOANr. 1 - INSURANCE CORPORATION.: l Tnatap). �i r�. ta-z: f 1' NOT10E OF DEFAULT AND TALE NOTICE IS HEREBY GIVEN tit PENINSULA SAVINGS AND ' I:t►AN, M Trnrabr. who exaaae0 tlne Gad M Tnrat died Sepgrrnber 25.1981. end nowded Septembw 2% 1981. In BOok 177, Pape :.. :. _ .. ".. 814. Kehl Recordn9 ObbloL ThMd Judktal DUbtot. S%% of Alaska. Ww"Ing Ore folWw1ng deacibed fxOpWY In Wd rsOor• -- _ ° - '-- -- - - - 3. ding OIfbICI: Lot Six 16). 8bok Four 14). FWALGO COMMM" .. . -- - - - ' --�..� CIALSUBMISION.aaadUgtOPWNo.8a88. tiled intMKemlReoordln0Obtrlal.ThirdJudicid ,rn•r. gMUM. Stets of Alaska. ••'.b,r'•�.•.:.... • - ': "�'• has bresehed the obllpatlon eecwed by"Deed of That by faIDng to pay benefkdary under the Deed of Trust according to the terms i of asld cNigaa0n and Deed of rant. Then Is prean"Y owed On iM Obllpatlon lM pMclpd amount of SIXTY-SEVEN THOUSAND .... . ... . . . ....... . ._ ...- .- THREE HUNDRED EIGHTYlSEVEN AND 301100 DOLLARS i >?, (867.367.30). pus Intenst, a n advanced by Gene Y sntl sd• 0ltlonsl sdvanees Ineun�d to protect their Interest, costs, snd ex• jI - _ . pews and attomey'a terse.; The undersigned, truabe under IM Oesd Of Tnarelecte to sea i q1s sbova•desoribed property M publo auction to thwhigheat bid• der twpo Y1lswM moray of 1M UMW States of Amerlce, p1YAW blds. to sett* the Oblipat 0 On st the Wne of so upon otodng of .. ? - September 1, 1087, at the hour of Z:00 p.m. at the meln oublds i door of 1M State court and OMbe Sliding in Kenai, Me" In this " noths, "caahln IMM many of the United States of AMWW mean coin or cu #M of the United Stabs, United 81atN Pont Ofticn momorders. R nac Wing 0 Nlsblot.Thkd Jodkoal DlsEiot. State of Als" Flag AN vm have the fight to rom* an aflaet bid withotd cnh Insn amount eeN to tM bsisrroe owed on dw obtigstion si the Ulna of" ewe. lA+eMsumsUP911 edby WySr4T^M°9under j the Oead of Trust. with Interest thereon. DATED: TNs 7th day of MsY, 1987. at Kenal. Macke. ALASKA TITLE GUARANTEE AGENCY. INC. .+5•; a Raw W. Brim AstemSeen vy . , • ; ' s_ STATE OF ALASKA i 1 + . THIRD JUDICIAL DISTRICT`'• 1+ THIS IS TO CERTIFY Oat On Bfia 7th dsy Of May. 1987. before - in the undereipned, a NWWJ Public In and for the State of Alsaka, p ysppared iilclwd W. Sim Wtownto me and to me known :.:... . ::.... to be the Assistant Secretary o1 the corporalion h!nin named. and iMt person a wwwledged to me IMt such oorpon0on executed Ors Ioregoin0 kubumerd pument to Ib SpLaws or a resolution of Hs Bard o1 DMectore. WITNESS my hand and Off CW aW this day and year last above • �+?. k' . Wm Roy EUlaton ._—_.._..---- ----= - - Notary PW fot Alaka - - - - - - - ----------- My CormUslon Expires: 9.4.90 "BLRHi 41101140 Till 6.18.-119117 ' }i _ C i) 0 r� SUP�RIO COURT FORME OF ]RL�RR�1 TRum "ICIAL QIS�' ICT AT 1(EN 1�2 MILES DEAN, individually and 1 as a shareholder of XENAI 1 HARBOR DEVELOPMENT CORP.. 1 ) Plaintiff. ; V. ) ) WILLIAM H. BRECR a/k/a WILLIAM) H. BRECX. P.C., XENAI HARBOR 1 DEVELOPMENT CORP., ROBERT L. ) ROPER, CITY OF XENAI. ALASKA, ) AND FINANCIAL PLANNING 1 ASSOCIATES, INC., ) 1 Defendants. 1 ) Case No. 3XN-87-480 CI. �eSgF�, AND CROSS CL�iM COMES NOW, Defendant City of Xenai (City), by and through its attorney, Tim Rogers, and in answer to plaintiff's complaint admits, denies, and responds as follows: 1. The City admits the allegations contained in Paragraph XL, and Paragraph XLI of plaintiff's complaint. 2. The City denies the allegations contained in Paragraphs XI, XLII, XLVI. X1.VII. 3. The City lacks sufficient knowledge and information to form a belief as to the truth of the allegations contained in Paragraphs II, III, IV, V, VI, VII, VIII. XII. XIV, XV, XVIII. XIX, XX, XXI, XII, XXIII, XXIV, XXV. XXVI, XXVII, XXVIII, XXIX, XXX, XXXI, XXXII, XXXIII, XXXIV. XXXV, XXXVI. XXXVIII, XXXIX, XLIV, XLViii, XLIX and L and therefore denies the same. C. The City admits the aliegatiOws in paragraph IX to the extent that the City has a Copy of the assignment but the City is 1 - ANSWER AND CROSS -CLAIM �f M u { � 1 CM AltORW CITY OF KENAI �O Soso �lhAl, AW[A �MII U3JW r c without sufficient knowledge and information to form a belief as to the truth of the allegations in the remainder of Paragraph IX and therefore domes the same. B. The City admits the allegation in Paragraph XVI to the extent that the claim of lien (Exhibit "D") is and was invalid. The City is without sufficient knowledge and information to form a belief as to the truth of the allegations in the remainder of Paragraph XVI and therefore denies the same. 6. The City admits the allegation contained in Paragraph XXXVII of plaintiff's complaint that Robert L. Roper transferred to the City of Kenai, Alaska, leasehold interests and engineering permits. The City is Without sufficient knowledge and information to form a belief as to the truth of the allegations in the remainder of Paragraph XXXVII and therefore denies the same. 7. The City admits the allegations contained in Paragra, XLXII of plaintiff's complaint to the extent that the City assisted the defendant Roper in selling the leases by providing Mr. Roper with the appropriate documents and knowledge and information requested by him. The City denies the allegations in the remainder of Paragraph XLIII. S. The City admits the allegations contained in Paragraph XLV of plaintiff's complaint to the extent that the City repurchased certain leases from Robert L. Roper individually. The City denies the remainder of the allegations contained in Paragraph XLV of plaintiff's complaint. AFFIRMATIVB DEFENSES 9. By way of affirmative defenses, the City alleges as follows: FIRST -- This action is barred by the doctrine of roe iudicats, ,- -.a SECOND -- Plaintiff is estopped to assert any possessory rights in the leasehold interests. t 8 - ANSWER AND CROSS -CLAIM r r THIRD Plaintiff's claim is barred by laches. FOURTH -- This action is barred by reason of Plaintiff's failure to assert A compulsory counterclaim in Civil Case No. 3KN-79-921 CI. FIFTH -- The plaintiff is collaterally estopped to bring this action. SIXTH -- Plaintiff's complaint fails to state a claim of action upon which relief can be granted. CROBE-CLAIM AOAiNeT DEFENDANT ROBERT L. ROPER lo. The City re -alleges and incorporates by reference herein Paragraphs 1 through 9 above. 11. Oa January 25, 1982, the City of Kenai entered into as agreement with Robert L. Roper for the purchase of the lease rights to certain City property designated Tract B and Tract C, the Kenai Boat Ramp and right•of-way, which agreement is attached hereto, marked Exhibit "A" and incorporated by reference herein- 12. ,Pursuant to the agreement, Robert L. Roper agreed to remove all liens or encumbrances which had been placed upon the leasehold interest by any other party because of the actions of Robert to. Roper. 13. Robert L. Roper represented to the City of Kenai that Robert L. Roper individually held a 100% undivided interested in i the subject leaseholds and that he was authorized to convey the leaseholds to the City and that he had removed all liana and encumbrances. 10. The City believed Robert L. Roper's representations and --- - - relied upon the representations of Robert L. Roper in purchasing the property. 15. it Robert L. Roper failed to remove encumbrances ' pursuant to the agreement, Robert L. Roper breached the agreemen+ and is liable to defendant City of Kenai for all sums that may bi adjudged against the City and in favor of plaintiff as a reauit -=---'- — - --- -; -- - - - - of -this actionr 1 Inu AMR" } on ARo41*1 0TV OF KINAI volute iMA1. "'1'A99611 3 - ANBNBR AND CROSS -CLAIM wpm L I, r i A WHEREFORE, the City prays as•fcllows: I. That plaintiff taKe nothing by its complaint and that this action be dismissed. 9. For judgment against Robert L. Roper for all sums that may be adjudged against defendant City of Kenai and in favor of plaintiff Miles Dean. 3. For its costs, including attorney's fees incurred herein. 4. For such other and further relief to which defendant City of Kenai may be entitled. { DATED: This "— day of June, 1987. j CITY OF KENAI �8y Tim [ gers Oity Attorney *"I f - AN �,,:1 •a II 1 . so�.ls-tJP'U M �P AGRPPB This Agreement entered into by and between the CITY OF, i KENAI, a home -rule municipal corporation of Alaska, hereinafter called "City,* V. 0. Box 560, Kenai, Alaska 99611, and ROBERT L. - ROVER, also known as Robert Roper and As R. L. Roper, hereinafter called "Lessee." P. 0. Box 48, Kenai, Alaska 99611. WITNESSETH WHEREAS, Lessee has leased from City the following described property in the City of Kenai. Kenai Recording District, elate of Alaska, to wits Tract B and Tract C, Kenai Boat Ramp and Right-of-way ' Dedication _ for teme of 99 years beginning on July 6, 1978, and April 1, y 1979, respectively, and _._... WHEREAS, Lessee has obtained permits from the United States Cocpa of Engineers, Permit 9071-OYD-2-780084 and Permit t071-OYD- ' 2-780209, to construct a dock, boat ramp► and additional facilities consisting of a boat harbor, grid, boat ramp, with — floats, fueling look, and sheet and timber bulk heads in the Kenai River and adjacent wetlands in connection with these ' leases, and WHEREAS, the parties hereto are desirous of securing for the community the services of the best possible harbor, dock, and related facilities, and WHEREAS, if the City is able to secure State funding for such facility, it will be able to construct facilities on a much larger and more adequate scale than would Lessee, i NOW, THEREFORE. Lessee hereby offers to sell to the City all of his right, title, and interest in and to the above -described :...__ leasehold interest and any improvements thereon and the permits ' P •a 1Yi.!1 A,.. otrAao,ner .. air or taut S**wow aWq MM.A 9„11 .;j t - r. ,Y. all L i issued by the Corps of Engineers of the Department of the Army of the United States in connection therewith under the following terms and conditions$ 1. Lessee hereby agrees to sell to City all of his right, title, and interest in and to the above -described leaseholds, including All improvements thereon. and the permits identified above issued to Lessee and to execute any instruments making such relinquishment, assignment, or transfer of said interest as may be requested by the City in order to accomplish such sale. 2. Lessee agrees that prior to final payment in closing hereunder, he will remove all lions or encumbrances which may have then been placed on such leasehold interest by any other party because of the activities or actions of Lessee. 3. City agrees to pay for said relinquishment and assignments of leasehold interests and interests in the aforesaid Corps of Engineer permits, the total Bum of ONE HUNDRED THOUSAND DOLLARS ($100.000.00) on closing, which shall be within 30 days after receipt of Preliminary Commitment for Title Insurance showing no liens against the properties or 30 days after written evidence of removal of any Ilene shown by such Preliminary Commitment. whichever is applicable. 4. City and Lessee agree that the lease payments due on Tract 8 and Tract C will be prorated to date of closing and credit for the came will be given in the closing statements. S. Parties agree that pipe and timbers belonging to Lessee and now on this property ace not included in this Agreement and Lessee shall have until June 1, 29821, to remove the same, and any such material remaining on the land on June 1, 19821. shall become the property of the City to use or dispose of as it Bees fit. This contract will be effective as of the date of acknowledgment of execution by the City Manager of City, as set forth in the 2 ' i 1 y a1Y OF K[NAI . O •Of Ne VW. AtAS"49611 • • •� if NiJ.t- — .. _ r 1 F L 't ;, acknowledgement below* Coy OF Kim . row,w m.rs» ■ LESSEES Zoj 1w--►3j1.11L__sL— Robert L. Roper � CITY OF KENAI Sys 4illLam Brig n City Manager STATE OF ALASKA )ee THIRD JUDICIAL DISTRICT ) d,�) THIS 18 TO CERTIFY that on this u dey of January, 1951. ROBERT L. ROPER, being personally known to me or having produced satisfactory evidence of identification, appeared before.,)ne and acknowledged the voluntary and authorised execution of•tht�a; foregoing instrument for the corporation named and:-1ft,*:Aa..i; capacity indicated in the executic hereof. ;+;.a� Notary blic of AlisAka S ," My Commission Expixes • `f STATE OF ALASKA ) sO THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of WILLIAM J. BRIGHTON, being personally known to me or havigp.ore produced satisfactory evidence of identification, appea, ie ,,, me and acknowledged the voluntary and authorised execlup WicR Ithe foregoing instrument for the municipal corporation ntd:a�►a=:p, }! the capacity indicated in the execution th(ereeoof. 0TARy;,�:�{ Notary Public for ASS S � My Commission Expii es,t ` or IT r, �•c"GDFC -ram 1 ...Sr?ICT FEB 10 9 46 PN'At a�qutsim ev 4 ADDRC;iS �9 3t - - - - - - '- 3 y a. At:.... r use.—rTR;-.—.P'•- :T- . rw�w• .-w• t }�.-a• •� .-.'•?.-"+�►s •,,.. .�, ....a -e ^:r IN THE TRIAL COURTS FOR 4HE STATE OF ALASKA AT ANCHORAGE MILES DEAN, indv. and as a shareholder t KENAt HARBOR DEVELOPMENT, CORP.. - �,lggr � aaQss _ . Plaintiff(s), W. V• • HItLLIAM H. BRECK a/k/a WILLIAM H. BREC P.D., KENAI HARBOR DEVELOP CITY OF MENN CORP., 'til�th' i ALASKA AND FINANCIALEPLANN NO ASSOCIATES. INC CASE W. �„LiSQ Defendant(s). SUMMONS - - 101 CITY OF KENAI , Defendant. i YOU ARE Hi M SUMh10NED and requited to file with the court a written answer to the caiplaint which accomantes this eumions. your answer must be tiled 145 Hein street boo , Rm luG. &enni •R 99411 with the court attthif!'�''9f>$Otc within 20 dsys* after (, the day you receive this euvons. In addition, a COPY Of YOM answer must be sent to Plaintiffs attorney, _ STEVEN D. WITH. SMITH, COE L PATTERSON, P.C. f whose address tsn 814 W 2nd Avenue, Anchorage, AK 9991 i if you fell to file your answer within the requited time, a default judg- ment may be entered against you for the relief dow ded in the camPlaint. _. Ibis case has been assigned to Superior court Judge rrammon - a 'ibis case has been assigned to Diettict Court Judge pn. or�VN4 CmOF COURT (COURT SEAL) `P�t OrMd'��}}i}� _.. ... - .` ,h •'� a Ln � � " 1 June 2, 1987 ••• t n pwtY �,•••. .•• 4pA, r; • ........•• Py` per4r ,��� - - - - — - lot DIS *•The State of a state office or agency named as a defendant has 40 daYs to file its answer. " CtV-100 ANCH (12/84) (st.3) Civ.R. 4, S, 12, SS - SUMMONS .a f, (� jj111 t1 i t L, 0 i IN THE SUPERIOR COURT FOR THE STATE; OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI s MILES DEAN, individually and 1 as a shareholder of KENAI. ) HARBOR DEVELOPMENT, CORP., F'IY+ED iA the Trial Coutts Plaintiff, ) State of Alaska Third D xld at Kenai vs • ) MAY 2 9119671 ) WILLIAM H. BRECK a/k/a WILLIAM) H. SRECK, P.C., KENAI HARBOR ) Clerk of the Trial D� t� DEVELOPMENT CORP., ROBERT L. ) By ROPER, CITY OF KENAI, ALASKA, ) AND FINANCIAL PLANNING ) ASSOCIATES, INC., ) 1 Defendants, 1 Case No. 3KN-87- TJ Civil •• COMPLAINT COMES NOW the plaintiff, by and through his attorneys, Smith, Coe & Patterson, P.C., and, by way of complaint against the, defendants, states as follows: GENERAL AVERMENTS I At all times material hereto, all parties were residents of the Third Judicial District, Alaska. II At all times material hereto, •all transactions complained of and all properties or property rights described occurrea in, or are situated in, the third Judicial Distric Alaska. - r i� t nl t III At all times material hereto, the defendant, William H. Breek, was acting in his capacity as attorney and was performing professional legal servivices for the plaintiff, and, as such, owed the highest fiduciary duty and obligation to his client. IV During the months of April and May, 1979, the plaintiff and defendant, William H. Breck, entered into an attorney -client relationship wherein the defendant agreed to represent the interests of the plaintiff in the formation of a general partnership, R-B-D Development Company, and later an Alaskan corporation known as Kenai Harbor Development, Inc. V On or about April 10, 1979, a general partnerstAl consisting of Miles Dean, William H. Breck, and Robert L. Ropel was formed. Said partnership was known as R-B-D Developmen, Company, and the plaintiff, Miles Dean, was a 25% participant A copy of the partnership agreement is attached as Exhibit "A". VI On or about April 23, 1979, a corporation known a Kenai Harbor Development was formed. All, of the shares of Kena Harbor Development Corporation were and are held by the aforesal f the certificate c R-B-D Development Corporation. A copy incorporation is attached as Exhibit 13 . i �— ��IY��wl..•rwaT�M.MWYM✓N►Y•�YbM.L�����.•LYYWYrr V I I During the month of May, 1979, the defendant, Kenai Harbor Development Corporation, agreed to pay the plaintiff, Miles Dean, for materials, labor and ground work done upon the corporation's leasehold premises located in Kenai, Alaska. Said i; services were performed by the plaintiff, and the plaintiff is entitled to payment from Kenai Harbor Development Corporation in the total amount of $152,830.69, plus interest. VIII on or about June 11, 1979, the defendant, Robert L. l Roger, assigned his interests in certain leases to Kenai Harbor ' Development Corporation. A copy of the assignment document C�� attached as Exhibit "C".•.. ix on or about June 12, 1979, a copy of the assignment above -described was delivered to the defendant, City of Kenai. X During the months of June through October, 1979, the defendant, City of Kenai, through its agents, were specifically advised by their legal counsel of Kenai Harbor Development Corporation's claim of ownership in the aforesaid leasehold interests. x `____ Atall material herein, the defendant, City of __-------- na _-____ -_ _times Kenai, knew or should have known that the defendant, Robert,'. l` Roper, was acting contrary to and in breach of his fiduciary obligations to the minority shareholders of Kenai Harbor Development Corporation. COUNT ONE XII The defendant, Wiliiam H. Breck failed to adequately promote and protect the interests of the plaintiff with regard to the plaintiff's interest in the aforesaid business entities and, - - as a direct result of the defendant's failure to perform, the has suffered the loss of his investment in such buss- -_� .. plaintiff .. - . ness entities, together with the anticipated profits therefrom, the approximate value of which is in excess of $500,000.00, the exact amount to be proven. at trial. - - COUNT TWO XIII The plaintiff incorporates, by reference, paragraphs I through Xii and realleges same as if fully set forth herein. XIV t, In September, 1979, the defendant, William H. Breck, in his capacity as attorney for the plaintiff, prepared for the plaintiff a claim of lien (copy attached as Exhibit "D"). XV The plaintiff relied upon the defendant, William F --- -- r ------ -� - -- - ---- Breck's, expertise in the preparation of Exhibit "D", and upon 44 i L _...*-77 -. � k i the defendant's instruction as to the proper filing and pursuit of his rightful claim of lien. XV I The aforesaid lien of claim (Exhibit "D"), is and was Invalid and further was known to have been or should have been known to have been invalid by the defendant, William H. Breck. The defendant, William H. Breck, breached his obligation to provide competent advice and instruction to the plaintiff and, as a result of the defendant's failure to do so, the plaintiff has suffered damages in the amount of the face value of the lien, plus costs and attorney's fees expended in pursuit of enforcement of said lien totalling the approximate amount of $180,000.00, COUNT TH_,REE XV"I The plaintiff incorporates, by reference, paragraphs I through XVI as if fully set forth herein. XVIII The defendant, William H. Breck, with the knowledge and consent of the plaintiff,' accepted, as payment for his fees one-half of the plaintiff's interest in'R-B-D Development Company, and through R-B-D Development Company, the plaintiff's interest in Kenai Harbor Development, Inc. - XIX The defendant, William Ei._ Breck, knew of a dispuu e Robert L. Roper, t-he between the plaintiff and the defendant,k ri L L F. �>14 r. i w1,�.n.d7.,.� r,-•••,�1'Md'•���•.•,••�t1F+.•"j.w,�Al+tim-s�.M..11saar. I --I other partner in R-B-D Development Company which owned Kenai Harbor Development Corporation. The defendant, William H. Breck, while still representing the plaintiff, transferred his interest in Kenai Harbor Development, Inc. to Robert L. Roper without the consent of the plaintiff. The defendant, William H. Breck, knew that such transfer would give controlling interest in Kenai Harbor Development, Inc. to Robert L. Roper. XX The defendant, William H. Breck, willfully and without regard to the plaintiff's interest and while under a fiduciary obligation to the plaintiff, performed the acts described in paragrph XIX above, knowing that said acts were directly opposed to and harmful to the plaintiff's interests. As a result of such willful breach of fiduciary duty, the plaintiff is entitled to punitive damages in an amount not less than $100,000.00. COUNT FOUR XXI At all times pertinent hereto, the defendant, William H. Breck, was a duly appointed, qualified, authorized, and acting agent of Financial Planning Associates, Inc., an Alaska c corporation. 0 P Lb XII Financial Planning Associates, Inc.. is a corporation purporting to have an expertise in assisting individuals plan `E and/or finance ventures. Tree plaintiff avaiied himsel € of- this - --- --- — --- - -- N 1 L A A `I ..xpertise by employing William H. Breck of Financial Planning Associates, Inc. XXIII William H. Breck and Financial Planning Associates, Inc., had a duty to care to the plaintiff, Miles Dean in that they were obligated to provide tinanciai planning assistance to the plaintiff for the Kenai Boat Harbor. This duty was breached when William H. Breck sold the controlling interest in Kenai Development Corporation to the defendant, Robert L. Roper, and as a result of this act, Financial Planning Associates, Inc., thf•ough its agent William H. Breck, thereafter failed to prov any planning or assistance to Miles Dean. '•• XXIV The defendants, William H. Breck and Financial Planning i Associates, inc., failed to protect and promote the interests of Miles Dean with respect to the plaintiff's interest in his business entities and, as a result of the defendants' failure to i jperform, the plaintiff has suffered the loss of his investment in F said business ventures, together with the anticipated profits R - therefrom, the approximate value of which is greater than b $100,000.00, the exact amount to be proven at trial. COUNT FIVE INN XXV ` 3 At times hereto, the defendant, Robert all pertinent 50% interest Roper, was a general partner and owner of in R-D-B y rr i, 0 4 Development Company. The plaintiff, Miles Dean, also was a general poartner and owner of 25% interest in R-D-B Development Company, the remaining 25% having been assigned to William H. Breck. R-D-B Development Company was an Alaska partnership licensed to do busines in the State of Alaska for the purpose of developing a small boat harbor and related facilities in Kenai, Alaska. XXV I The defendant, Robert L. Roper, breached his ficuciary obligation to Miles Dean by activities adverse to the plaintiff's interest in R-D-B Development Company. Such acts included, but were not limited to, attempting to acquire an ownership or legal interest in property which could be developed as a small boat harbor for the City of Kenai. This act was in direct competition with the stated purpose of R-D-B Development Company. XXVII The defendant, Robert L. Roper, further breached his fiduciary duty and obligation to Miles Dean by selling all the putative assets of R-D-B Development Company and keeping all the . ; . proceeds. ri) e XXV I I I -, The defendant, Robert L. Roper, further breached his - --- — -----' eel a -fiduciary-duty and obligation to Miles Dean by -paying none -of the ----- -- -_---: : A -- debts of- R-D-B-Development CompanY, -said debts being monies owe to Miles Dean. 1 i i f"i XXIX As a direct result of Robert L. [toper's breach of his fiduciary obligation and duty to Miles Dean and Roper's breach of Covenant Not to Compete with Partnership, the plaintiff, Miles Dean, suffered damages in an amount greater than $100,000.00, the exact amount to be proven at trial. COUNT SIX XXV At all times pertinent hereto, the defendant, William H. Breck, was a general partner and owner of 25% interest in R-D- B Development Company. The plaintiff, Miles Dean, also was a general partner and owner of 25% interest in R-D-B Developm(C) Company. R-D-B Development Company was an Alaska partnership licensed to do business in the State of Alaska for the purpose of developing a boat harbor and related facilities in Kenai, Alaska. Ann L Asa general partner in R-D-B Development Company, the defendant, William H. Breck,-'.had a fiduciary obligation toward - -- the plaintiff, Miles Dean. XXXII ItoThe defendant, William H. Breck, breached his fiduciary obligation to Miles Dean by selling his 25% share 3n R-D-B Development Company to Robc.r.t L. Roper knowing that said sale =�-- — _ -- - -.--- - -�e o - -- - - - ------------- -- -- - --- - - - - ------------------ ---- ---- 1 y �°= would give the defendant, Robert L. Roper, control of R-D-B c, Ito ,I I - i i J... ...., - 1 f Ito ,I I - i i J... ...., - 1 f r C C Development company. Said sale took place at a time when the defendant, Robert L. Roper, was in active competition with R-D-B Development Company, and the defendant, William H. Breck, was aware of said competition. The defendant, William H. Breck, assisted and enhanced Robert L. Roper's ability to compete against R-D-B Development Company by this sale. • XXXIII As a result of the defendant, William H. Breck's, breach of his fiduciary obligation to Miles Dean and Breck's breach of Covenant Not to compete With Partnership, the plAintiff, Miles Dean, suffered damages in an amount greater than $10,000.00, the exact amount to be proven at trial. • COUNT SEVEN XXXIV At all times material hereto, the defendant, Robert L. Roper, was a resident of the Third Judicial District, State of Alaska, and the transactions which are the subject of this complaint occurred within the Third Judicial District, State of Alaska. XXXV e on April 10, 1979, . the defendant, Robert L. Roperp milk agreed to transfer into a partnership known as R-B-D Development a gN°= Company all of his interest in the leases, permits, and other ; property interests in Tracts B and C. City of Kenai, Boar Ramp S Subdivision, Kenai, Alaska. On or about April 23, 1979, all of IN L "I I r-') the assets of R-B-D Development Company were transferred to Kenai Harbor Development Corporation. The plaintiff, Miles Dean, had a 25% interest in the aforesaid business entities, defendant, Robert L. Roper, had a 75% interest in said business entities as a result of his acquisition of William H. Breck's 25% interest. XXXVI At all times material hereto, the defendant, Robert L. Roper, was a director, president, and majority stockholder of Kenai Harbor Development Corporation and, as a result of his capacities therein, owed a fiduciary duty to the minority stockholder thereof, of whom the plaintiff was a member. XXXVII U At all times material hereto, the defendant, Robert L. Roper, transferred to the City of Kenai, Alaska, substantially j; all of the assets of Kenai Harbor Development including the leasehold interests and engineering permits. Said transfer was done without stockholder approval or ratification and was contrary to the interest of the minority stockholder., the 1 plaintiff, Miles Dean. XXXVIII S After the aforesaid transfer, the defendant, Robert L. Roper, failed to apply or account for the proceeds to the roN corporation or to its shareholders. As a direct result of Robert XN L. Ropper's breach o his -duty td -account and dispuse corporate- ---- A--- - - 0 N c proceeds, the plaintiff, Miles Dean suffered damages in an amount greater than $10,000.00, the exact amount to be proven at trial. COUNT _EIGHT XXXIX The defendant, Robert L. Koper, willfully and maliciously converted corporate assets to his own use with the intent to deprive the plaintiff and Kenai Harbor Development Corporation of its major asset and proceeds thereof. As a direct result of said willful and malicious conversion of corporate assets, the plaintiff, Miles Dean, is entitled to punitive Zdatfiages in an amount not less than 25% from the defendant, Robert Roper. :. COUNT NINE XL The defendant, City of Kenai, Alaska, thereinafter Kenai) is a city located in the Third Judicial District, Alaska, XLI The defendant, Kenai, by and through its agents, City of Kenai Council and City of Kenai Harbor Commission, claims to be the exclusive owner of certain leases affecting the following real property: Tracts B and C, City of Kenai, Boat Ramp subdivision, kenai, Alaska, aforedescribed. XLI I The defendant, Kenai, wronghfully has excluded the plaintiff from enjoyment and possession of the 25% interest in I L_ "algal 9 r'" the lease, and further has excluded the plaintiff from any rents or profits therefrom. As a result of Kenai's wrongful actions, the plaintiff, Miles Dean, has suffered damages in an amount greater than $10,000.00, the exact amount to be proven at trial. CUUNT'E:N XLIII The defendant, Kenai, through its agent, Kenai Harbor Development Commission, conspired with and assisted the defendant, Roper, in selling the leases which were the property of Kenai Harbor Development Corp. XL IV At all times material hereto, the defendant, Rob Peterkin, was aware of .the interest of the plaintiff, Miles Dean, in Kenai Harbor Development Corporation and of the defendant, Robert L. Roper's, intended breach of his fiduciary obligation to Kenai Harbor Development Corporation. XLV The defendant, Kenai, willfully and recklessly disregarded the interests of the plaintiff to certain land leases, see Exhibit "C", and repurchased said leases from Robert i t L. Roper, individually, knowing that the defendant, Robert L. Roper, was usurping a corporate opportunity of Kenai Harbor Development Corp. L 7 l XLV I The defendant, Kenai, knew or should have known that Robert L. Roper did not have individual title to said leases and, t•he defendant, Kenai, knew or should have known that the defendant, Robert L. Roper, would convert all the proceeds from the repurchase of the leases to his own use thereby damaging the plaintiff. XLV I I As a result of the defendant, Kenai•s, actions, the plaintiff has suffered damages in an amount in excess of $ip,000.00, the exact amount to be proven at trial. XLVIII The defendant. Robert L. Roper, failed to account to the plaintiff, Miles Dean, for proceeds of the sale of the partnership assets of R-H-D Development Company, to -wit, the aforesaid leases. XLIX The defendant, Robert L. Roper, has caused the wrongful dissolution of R-H-D Development Company in that the defendant has willfully failed to carry forth the express partnership purposes as stated in Exhibit "A" and further has wrongfully expelled the plaintiff from participation in the conduct of partnership affairs. I L i ,i z'CPA W L The plaintiff, Miles Dean, is entitled to an accounting of all partnership assets and proceeds and contributions for all partnership debts pursuant to AS 32.05.240 through AS 32.05.250. WHEREFORE, the plaintiff prays for judgment against each of the above -named defendants, Jointly -and severally, as follows: 1. In an amount in excess of $100,000.001 2. Punitive damages in an amount in excess of $100, 000.001 3. For a judgment against the City of Kenai requiring them to recognize the plaintiff has an undivided 25% interest C the leaseholds described -in Exhibit 0 and an accounting for all profits heretofore obtained from said leaseholds 4. For prejudgment and postjudgment interests 5. For costs and attorney's feest and 6. For such other and further relief deemed just and equitable in the premises. DATED at Anchorage;_, Alaska this = "_ day of May. II 1987 . SMITH, COE & PATTERSON, P.C. Attorneys for the Plaintiff $y Steven D. Smith NAW i -1 a CI:NFRAL I'AI,TNERStllt' A(XIA".11 '.I f�hi•. Partnership Agreement is made .uul vide r•d Mto fill th'ti �rJ ---- day of �R,l_---_ -= 19..L.J� y anti between the parties whu•.r• n.tnics and addresses � _. _. are st . e:d below, e! ( cc t i vc _ The• Parties The Parties, who are and shall be dt.vined to I) 0-1-grid Partners in this Partnership are: (Nance) -- •V-R7'°��-... _ . - - (Addres,) r y- (Name).. _ .... �j 1!_/ s _ 11% _E a i✓... .. . _ . _ ... . (Address).... (AcUiress) NoW, THEREFORE, the parties hereby torn this General Partnership upon the terms and condition!. lrr•rematti'r set forth: 0 I�etr�',use� �aI llie, l`ar tr�.�r•.I�ijt 1'I�e• purpov. %4 tl;is partnership shall hr its tolle•ws: -/v e4rW vtJr.p ri d oek, �t,•�a11 �VA`t isAYA1,11 ; cr A. C /ATFA �rlri /; lt;LS 040v'f� A4AP6- p to T S f'►o tA5.fts c f [. S �.i• i bE .� N /%i C: ���.-i r/)!- s� i►,.1�d r..� rtQAd 7r,_-at_,t'.J/ r+�Fs-'�e Joel atF�i� ��/,1Ns 1 ht. r^, y r ��•••ti .; •/ /rf; t-�. r�r;lr 4 �Ar_- eSklr s iNr- t ' ---- r,_ r►/ 16titiiiresti V:uiit'--rtt the t'.rrh►rrship fur thr. rt,rr:�•nicn.�e of the I;cncral public ill idvl%ti()inl; this partnership, the p:rrtnrrsL�p-illoll ..pr•r.rlr. �irnl••i the hlv-mw.y ttr•luw by agreement of tale parties, •ahiclr n.►rry Maly be the Imme tit one (if till- partre••• to 111h, tttr gWt or other CASE N0. name tl:hich is registered with tilt, st,itt• u( Ala%l •1 .vita nr.ill•r %0k.11 tilt- partnership {, (Illini, husint %li: R-k-9- Avl,,r-.1v4�1�1--ItllfI1u:,nt,ti "If1 • fl•I.•n tit -tilt1'.n•tit. I'Ali i; t.11l)itwit t-i till- Im-ovisil,l15 fillttlrlililiatl•-11 .I-.11-ri-lil•Ift-'1' Ili i vide. -it, ite tin ill of this p.)Itltt•l'•.11ip `.h.Ill htr Itll=T1FE.., yr,u , ill,;uunni;N.%� �. ••�G.�--- ' 191 The tt•1m if this partnt•rOtip m.ty be ext- laded by UlGil'liuut)us agrehmt•nt of the par Iies for all it[1dItiU1tJl ti-I ill foilml.-illf; (lit' initAl h.E. ytl.11' ttalll of this Pat titership Agn-viti—it. 1'rin, iptil t)lfit I• of tau• I• t: !ncr 1'1C 1if1Ut ip„1 •?Illi'tt IJt':Iliull t1t Iht• Il.tl lltl•r1!1111 1it1ll.t41 1)) :Ills JgfltCtlll.`Ill Sililll l)c, jail! Ow recluirwi sit -roes, pw.tirig anal iiotit w, lint!t-r tilt- law. of tilt.- State of Alaiska shall t;l! ustjlbtished .wd in,,imaint-d .it tilt- print ill -it .t!tir[ l(Watital deSl;;ll.ltcd below, unless till' Imi tics '01.111 dflrt't- 11,4111 dntillit'l' lot'j01•111 till (pit• p1 mcip.11 t►tfi+ t• lucittioll Of the t. r I I'.Ir:iu•i•.hilt Activili+ , .:i:•1 A1'-a11t1'. h IIart tlt':`-1:1;1 I1:'.iilt••.'• .11'tlVlttes Shall Ill. -It•t•Illvd :+t I:It;1UtC` .a11 1)t1a15e:i V t;tHlipetitive bi:!1!•' g. t'U11tract Iaf;Utl.11lt-h, Iit(ipel•ty ap'+ltikition, development, f The iartnershi shall CJIiStrl:t't1O11 .tilt 1.1!/• tt pl'Uht'1', IIIUlI•ftatit•II :ri l�l-` p.IrtlN-rSlllp• 1 p tt{ be re%pon4ible lilt tilt- - t)llrt•tirn..)I .unnunts do, till contr.u.ts. file proceeds of :.ales, and l)11wr it, 'llics tti.:t !I .Ary ill' l.l-ent,14• pilyal)le 111' vat tl:t• off f)al/tn-villip activities, and shall I-- w%p:11-sibIC it l ll•' ji.Iyll't'llt ill .111 C'\p1•li d•'. t'/'!•itllll; Ili ..:t it partisership .Ictivitics, " i1N Illtlil.l• Wag '%. '1a-: 11 ll••,, t•\.t..'tlY.'S dt 1-ail 11114'1',!nj- t lu1-Itty- • •, .Ill.-! ,li;t ills, and .111 011ie( i t OAS :.Ill t•\11t•11'I'•. "Lttlh+ :-I fl.1• ..t t;l 11'.Itll''lilt• tr1Jt•tion, asol sale or --tiler 6•.111)Sltll'i1111! ; 1 'jt'- I' tla'1t'I I.6•.t•11 by Ilv- 1.,11'!'It•f `.hltl, '.t a t.t.dl.lt!t'Iill'II! of C14• 11.11t111•1•.hil, a Nit. p.11'f111.1Mill. S11.111 In- 111.1'lage.•1 '11 .1 hli.tld .-aqua-it,t I %If an milial number of ----- ------ ------------ ----- ----r- -11ly tll rC!1rIClt, wht_hrviiiit:,-••t.ttlyt , •i1•ti... ------ -- .. _. tt•1a11t'tl'!tlitllVl'•. '.�1.,11 Ito• l}t•.':Ilt•ti tit II ive tlltf 1-•-tt1.1 w-•I w1virity to represelit the - ITIt1'fl".1 l)( tilt- ;,:trio+•r app,antnq; till,•!► 1)Itl'ti[tll t'! pt•1•dtll•i. {•.lY.- tlt;tllditanf; lwaril of 111e - - - --- I It { partitel-.hip Shall •t. I. 1,) 111.11,111tV tt•ll' ill It% :11t'1.1111.1',, .Illtl Ili, -ICt 01 .& mdprity sial )e ell.-r•Il:a.: tilt, :Irt A t1w 1).1►1110 Ship, -,hall fit,i4tiorij,, liptiii fill- p.irttierstu pith fit. parties • CASENO. rl to this agrecu►cill, fhc 111,11 al;inl; bt),;r.l ul tl.t� 11.0 trrr:,l►ili nl.ry c!' ',Ilst.►t/' one rr more of its irfclnhers to have and tli%clim-ge dwiignat,. tl thlf:...I10 n'.{+t1:+'.lhllttir`, till h1 h.11t of tit(. piltt:lclalllp, suh�•, l its it•vic•w .111a mgivrvi',Itt:► i.c tilt n1.u1.1;'ut,; ti11•u'! u1 tilt: (t.lrml:rshiy,. All individtfal 1111'tl.t,t`I' it( the 111.111.1{,;illi; litl.11tl .1 till, I,•tltill•r•.h►; Wks 1'• appolflted to) pericl-fll design.114'11 4Utic-, "nd rt•il)tlllslblhtlt'7, ttll'1''11a11 ,11 till• lt.V tw-r'.Itll,.'hall `,erv" at tilt` c}isc;retion of Ow ut,:n.li;i:q; l'o-.Ird ill lilt 11.11 l n.111 " - ' f ult• 11.1101e•t_,}lli) .1,1.! .`f till, c,.,r)" ' lit- 1'.1rtltl r•, „'Nt!.11 V. 1,.1'!-tl!: •t' O:ilJt)1- holic.y paid ', I,C f):1(tltl"," .lil) '.11•1tl haY-• •.riH 11 t"� , •. 1 it lire tit i t`lain `,I:.'11 Ifl !IL'1 1':.tl'.. .11;'.'1:;'.. , tit. ':11.111t •• itll:t Irl(1t'11,•flfl/!fit •'t i�lt1\'t'l'�. �trlCt 't•' 1 j 1.l•ntra:b�r:,, as rl..l; 0" nl•f•tY;.try ur :Ipproptialt lilt fill- lice fui'll'.tntt: ut til(• parti-wrtihil)'s j acti.•iliu... The p•1111.: I!.hip %hall nut have' -mv I'll!- ti11.1 ..11•tt it f: ' Int�l'�� ' ';. I1of sult:ll �l•r\•it t•:•. 1:cneh•r,•t! (1.1 1`arine'r•.`•►i' In order to clearly rutr,ply \Lill► the prllvi'.it:n, to( tir'';ital 5tt3(.J)(7)of tilt! Internal _ .... _ Revenue Code, it is ••xl,teasiy sttitlrl and unat•I,tll": bvta•t.•1-n tilt• parties hereto that any curlwato partit's t''' till'. agrecitli'llt 1'l'1{•1'L'l! tilt- '.till,, right t,1 f}t'11j'll.lt`;rsoflall of thor.-ir services respective crnployl•t's shall be lot tt\ pr.•L i:.t• any vyuiri.d +. purtmant to this- agre't•nle•nt. r i'. lilt 11)1.11017. t•S In• 1'•11'teli'f , (;;,ih of l!,' 1'.trtulr:i. P.H.it(!-, t.l tilis .Iltfct :l,c:lt, ••'• t!1 ! untribi,l,•t t:,lsh, pt'upertY/ svi•Lice; and other .i`i•1•t`• to., tilt' 1).111111•fsllll). lilt• , olitfllltltltlil', t1f i!.It'll of the Partners $hall I)e listed un t}I(• attiN'tlt•:l liclimitlll` A antl Miall f11` .1`.',I1� it !! it vault' 13y the partleS, 11111•:11 V•J111t` Sllilll 1)1 lft'11111441 .{.. bf;Mt.vil till` pat'tie'• I-1 tli• (}1!: �•11'It• of:tllf'll il�iil:t5 for all pl.r(mses (,of l -11,11 .1.0illl of 4-tit lilt inl;. '1'llt` .Itt:u I,l,•:1 S1,11 `cf111t• A is inc•orpurated by rertclence into the, I`:irtnc'r-,hip A{;rt•t•lnt•nt .111d 111.01, .1 part !:cit•uf its though fully %ct lorth herein. t.t�.1 1• it) lilt: ur•rshii) and I:,:t tnf`rsIli�, 'Gilt' p,1rt111" .. I••:1 (l• lit till, .11•rl I'llwilt. llt'O rll.11•.l, it,.11l•. tit Ilie liartliership from i • It, v tic } eltlt•il tit•<'!''r:..d ►' .4' Ili{)1'-.l(trlatl' lu tilt, lumlorltlance of till' {i 1).11'lIN'(',111')�i -it t1L:t.,••...Itt:i J'ft11t11Ir.rt1 1)y tit{ .►1WIt•f lit-1{ :.•l11't"•t IIt.1t1Yf`:, of [Ill: lending1 partnt•r, and ar.tt•{.t:•cl l;y the board of Iniul.11;'•r'• ni tilt- partnrr•.hip by majority vote. t.oans to the parts,,•-iNhip tr.1n1 .' partner, tih.cil be mpaill trial, the• v,irnings and profits of lilt' Ime ttt.'rshil► 1-1 till 1.1 tilt' .lilt.lt'tltfill' .11111 fll'•11-1111111t111 ill v.r 11111j"i alld profits -A the (iitrtllVrs!llltiltnl)Ill;:,t lln• l),Irt'1'•r1. 1•:{1113ti1nf11'•, .Ilia l'rit.li•fai'I1t I (tlfllllslllfll'+, t't1'I'1Pl-tlit .ml! 1111Y/'l'11.1111'i`11.',%gp;tht .d1,1 tit'rYli'lS ftl.fy be provided tlu:, ai;rrl•Int•lit for tilt, bVilc•lit 411 tir. p.lt tnly slnp, a`i luity.brfip ,elided by CASE NOS. ri .- Ipe• 1 . r _ allowed, in the determination of earnings and profit, fr(om Ow piojoctiiractivity which is deemed to be in bre"ch of this covenant not to coiiillOttl. Terniiiiation of the I'drinership_mid Setiff-liwilt -.1 At"'(1111115 The pr1rtnvrs!--.i1) may be terminated at illy time by tl!q- iii-il(trity agreement of the pirmem, and :.hall be- terminated by a tran-i-ler. is%ignmeia of :,O)%tioitioii of partnership interests. if not -,o terminated, the partnership shall be deenied to be terminated as of the end of the iiiral year of the partnership rivarest to the ending date of the term of the partnership, as hereiiiabove provided for tintiff *I'L'1.111 of tht! Partnt-r%hip, unless renewed or extended by tin-tiiiinous consent of tit(, partners for an additional term. Upon termination of Ow partnership, the partnership shall prepart- it final statement and settlein.:nt of act:tnints as between tile partners, mid %hall si-11, or distribute in kind, any assets of the partncrship. Upon the final %ettivinviit of accounts, and the filing of the final tax return of the partnership, this parmershill, shall be dvemed to be no longer In existence, Contirilptit assets and contingent liabilities whir It may i-xi%t at the One of the termination of the partnership shall be devim.-il to be owned by. or the responsibility of, each of the corporate partners, partiv!, to this agret-relent, in proportion to their respective percentages of ownership of the partnership. In th.- event that any contingent liability is satisfied by one of the parties to this agreettivilt, following the termination of the partnership, stirh party paying or sati!;Jyil%1P, contiligo-iit liability, shall be entitled to contribution fro. -it the other partic-, to this agrilenient, in proportion to their purc-vitagc of in tore-.t in the partnership during its existence. At Wirt tion 411 Pisplite- it% the event that any dilleivni-e, tfi%pilo arises bet%%,r.-(!n the partners, parties to this agrecitient, in any maitcr relating; to the ill tc rpretatioll of this Purtiter:,hip Agreeint-rit, partnen.hip accotintmi-, proveditres, tho alltwation of partnership lor0iits and loses, the Settlement of at:4:011111% tillull termination of the partnership, or rekating to the q.1entioll WN-ther a project er activity of one of the partners is In COMpetition with tht- partnership and in breach of the ctivetiant not the compete with the ! q tner!,hip, the partners, parties to this ag-revilit-lit, hereby hind themselves to submit such difference, or dispute, to arbitration. The arbitration shall be conducted by a bo"rol of w-bitration composed of one member designated or appointed by each of the partrivr-., parties to this agreentenit, --md one member appointed by a majority vote of the other toomi-er% of the board of jr§jtration. In tiie event that the: above proced,irc does not on-ult in a board of arbitration romluvw-d of all odd number of imlividil.11%, the board of arbitration shall appoint an additional -it bitrator by a majority vote of the nivinber% -11 the board of arbitration. in order that the board of arbitration thus rconposed ,,td constituted lot- the arbitration of the difft.-retice, disagreement, or dispute, shall be rompobed of all odd number of individiial;. The parties to this agri-t-ment hereby expressly agree that the retitilts of sia-li arbitration, and the decinion of the majority of the betird of arbitrators, shall be bindiii1t, upon the partnership anti each of Its partners, and may be submitted in any litigation its a Stipulated and agreed statement -61 fatt- vil' l'OfIt'lik-iolo tit loikk'. — ------ - ---- I , ' ---- . - - - - - -- - rL, u ..4 'agreement or understanding between the partovrs. All right•o, titit• .aw! inwrest in and to any such furnishings, equipment, and rI,iscl?llanl,atts y1pplic-s and s•,rvices lurnislle•d by a partner, a party !l) this agreement, shall (villain in t1w lmrt% who furnisht-i suet► furnishing;%, equipment, supplies, or services. i i partnership Act ullntit►g� Each of till. parmers, parties to tills ag;revniont, shall t).! deemed to he the o•:►rters of tilt: partnership, it, the pe'rCe•110g;t•f. ustabli!.hell till tl,e* %clwdtlle A, for Al purposes of partnership accounting„ inciticling; the allocation acid distribution of partnership earnings and profits, and partnership itii%cs, and witl►otlt regard to the balance in the c.lpit.il :.recount e)t the partnershil., attrlt111t tble to atty partner. All accoln►ting records for the partnership shall be bast.d and iW611tailtl•d ern the, fiscc►I year of the partnership. Fin.u,cial statements, profit .old lwis all,t.:.ltlow..uel cdistributiats shall be reported to the p..trtners by the partnership within thirty ( it)) days after the close of the partnership's ti-,r•►l year, for review clad appitival i)v tht• partners. parties to this agreement, and s11c111 bec4.1111V fili.11 sixty (GU) .I.l)••; alter the t•lom. Qi tile 1):rrtnership's fiscal year. Adjuhtn-lrnth, it any, required bj .I partner, in or,ler to properly account for and reflect the activities of the partnership and the alloc:atintl of profits and losses of the partnership aniong.st the partners, shall be completed prior to :,ixty (60) clays following the close of the partnership's fiscal year. The expeorw of X-vounting; procedures, and the preparation of tax returns for the• partnership. ~hall be an cxptrnse of the partnership. Partnership tax 1-cturns !,hall be completed and filed .Within the time permitted for the filing, o1 stash tax return!i on hehalll of the partnership, by till, Internal Itt•venuv Code of 1954. os afnc-nded, and includir►g; any extensions of time reeltlesteel or required by the partnership, and petmitted mide•r the Inlermil hevutrle OW" of I'Wi, w. aim-nded. The - fiscal year of the partnership shall be based upon the hlitiines!i ryrle• of the partnership, in cormideristlon of the ll.lture of till- parl-ttership's hl.t'.'.Ille ss .Ictivit►e!s, tind shall eml on of each ralendar year. c t'ovvit tnt Not it, t'nnll•r. tc with il.lrtnt•r•,'►ii) "�l Silica the p:lrlarw of this partnership e. tt) .tpply the principal of •,ynergisrn in the ! combination of the %%%ills cold cxperti�e of the ;air tnvrs in the pet tortu.tnrc at partnership activities, and sit-. a the purpose lor, and the performat re of functions by, the partnership may be subst.lntially frustrated by tamlpe-tition t,y one or more of the { partners, against tilt• p.►: tner;lli;), in(onnl•l:ti,i:l.�tith tilt• at:ti�'itit!ti:old t)l15(ftCSV.atf Iirs of the partnership is dl'finc-4 undl:r iturpotit.• tit' tht• ParinersWit, ti►e• parties to this ag,trt!ente'ot covviwilt 01d .Ig;rt•e 1101 to t'elmpt.•te eetth or agpinst tl;' partnership, at idly I tirtle dltriiin the term %)I till,- Partnership ;\(;le•t•me•nt, tit* to per►nit any officer or `4 cru Igo tr of olio• (it tho srtners to role iete a ;.tire..t tilt )►rtitershi . in ally tnatuler wi'lich may be iniurtnu•. to the performance at the partta.•rship's activities. in the event ` that any party h) till% -agreement 0.1111 breath thi% c'l)vtmant not to compete, the l refilailtnog! partner'. Ill.t;: Illstltllte leg.11 artion to enjoin, or to recover damages for, the y breath of this covenant not to colupi to %%ith the g1.61tnarship, :11141 tile. partnership shall be ` elltltde'el Ill ret'ow-i- •1.1111a1ltw; bir !,it( It hte'.tch. ificludiIlg, 1.0!4% illltl ;t!a'llSonalble Attorney's -f iv-., in -counertTtln- with !nn•h in-liolt. The il►t•ot isle tit thimmg;es for a.breactiot this.----.---..._..--- covcnant not to cmitpete will) the partnership --hall be ll.e total arnount of the earnings and -profit!: derived -ttom .Illy projct't ur-:►t:ti►it'i-unlfcrUtftl•r►. sshirh Is tle_tined-to_ be in_- - -- - - --- - - breach of this coire•nant not to t'alupetr. For purpo-ws %ole•ly of determining; the measure of damages under this parag,r.11th, .Illy paynu•nts or reimbllr•,t!mcnt , to tilt: breaching partner. or any officers or e•niployev% tit a hreachint, par, tnvr, shall r-b�•elaticted or r1 \ � GASE i�10..�.—.� . Page 11 to R t•+r 4 no r% allowed, in the determination of earnings anti profits Irom Ih•• I-)Foject or activity which is deemed to be in breach of this covenant not to coml+trty. Teri niimIion of tlit._f':utnr.rship. Intl settornt nl -•I .lrtotInts The partnership may be terminated at any tiniv by tl•t• ut•ijtwity agrt;emem of the partner!,, and shall tit, terminated by a transfer, issigimicnl tit sihstit►itiun of partnership i interests. If not so terminated, the partnership shall be devrnrd to be terminated as of the end of the fiscal year of the partnership nearest to the e•ndmi; date ul the terra of the partnership, as Iterein.ibove provided for under Trim of tho Partnt-lyhip, unless renewed or extended by unanimous consent of the partners for an •additional term►. Upon termination of the partnership, the partnt!r�hip ,hall prepare• a !inal statement and settlement of accounts as between the partnt•rx, and 0.111 st•11, or tlir•tributc in kind, any i assets of the partnership. Upon the final settlement of arrowits, and thts filing of the -- - - 7 final us.return of the partnership, this partnership shall be dveme!d to be no longer in existence. Contingent assets and contingent liabilities .whit h ul.►y exist at the time of the wrininution of the partnership shall be deemkcl to be owned hy, or the responsibility of, each of the corporate partners, parties to this agruermmit, in proportion to their respective percuntagvs of ownership of the par tnership. In tho event that any contingent liability is satisfied by one of the parties to this agreement, following the termination of t the partnership, such party paying or satisfying; such contingem liability, shall be entitled to contribution frum the other parties to this agreement, in propurtion W their pure!:ntage of interest in the partnership during, its existence. Aibitration ol.likliliw. hi the Cvem th.it any different -It', or dispute ark !; between the 4 partlierl,, parties to this alr,1WInent, in any m.►ttt•r relating to Ow intt:rpretation of this Parliter,hip Agreeinent, iztrtnership accounting; pro edure•c, tin! alkv:ation of partnership profits and losses, the settlement of account, upon termination of the partnership, or ' re•l:,ting to the citiestitm wlu•ther a project er .ictivity of onto of the partners is in t "trgw ition with tht, partnership and in breach of the- covenan! not the compete with the t �i tnership, the p. rtnt-rs, parties to this agree-m `nt, herrhy bind themselves to submit such difference, di,agr•i.ement or dispute!, to .irbitralion. I'll(- arbitration shall be ! conducted by it bm: rd of arbitration composed of one member dt-signated or appointed by each of the partners, parties to thk agreement, :u►tl one member appointed by a majority vote of the other tiwinlivr% of the board of ,mbitration. In the event that the above j.. prtlttedoire- dons not ro:.ult in a bovu of ;irltifratitn rompt+st•d of an odd number of i inlividim1%, the• lul.,r•i ,►f arbitration shill appoint in idditiomil .0 bitrator by a majority S vote r,l the nitrmbers •►f the boord of rirbitratioii. m order thm the bo.ird of arbitration thus composed ..und constituted for the arbitration of the dillmence, disagreement, or j dispute, shall i:e composed of an odd number of individual;. The parties to this agn-relent hereby expressly agrvc that the rumilts of such arbitration, and the deri .ion of the Majority of the beard of arbitrators. shall be binding; upon tho partnership and each of Its partners, and nuty he submitted in any litigation as a stipulated and agreed statement of face, t+r conclusion of LAW, EXHIBIT A. CASE N0. Page S i'tt.t f= .-9 Q7 t t r. i e, li Ili "SRI 3 !Leg istcred_Agent_t'artnershij: 7 The registered agent for the partnership, who may he served with legal process in any matter relating, to the partnership's activities or business affairs shall be: P, /// � 4M P. Ak �s 4 E no �/Nc hoR 1 If IIIasJca �I9.s'ol Misce If This Partnership Agreement is drawn to be effective in and shall be construed in accordance with the laws of the State of Alaska. This Partnership -Agreement may he amended from time to time by the unanimous agreement in writing of the parties. A waiver of any of the terms and conditions hereof shall not be construed as a general waiver by any party to this agreement, and any party who may waiver any term or condition shall be free to reinstate such terra or condition, without notice to any other party. IN WITNESS 1t't1EREOF, the parties have executed this Partnership Agreement on the day and year first -above written, by and through their authorized officers. General I'artne% 4{encral 1 artncr STATE OF ALASKA ) )ss. _ . THIRD JIDICIAL flls-rRICT ) - - SI1t5�SCltil11ii1 AND 5lilcMU to bc'tnrc mc• thic �!. _ t j.._. day of ---------------.__-._ _._..- NntOry.P%tltlit- my commission Expires:.w. _ :.;+:•_�,».�-.. _--- C SE NOj� rI A I .i4/:�`.�iAYil�Iti�W�•`- � - .�':YMtli.c�.f�.r .,..a��� _ ...�.r._ _ ___.� ,.f i6-rrr:v .a-•,,....,.,...� _ SCHEDULE A Contributions of the Partnt•rs iV R Ali � � I L�.As � s � ��. l�,•t,�•fs, •j a'lf� F.� ��k°/' c-. �:-t y iN7�k �.s7s ; �✓ C f�'.r1c_ts .4 C•fly n1 /,�r.Nil AiD A-1 i dsmyl .Subd; t/iSi0At, �lfa5ej� V. p£kSnNaI r:EtO;rFS, 03 Ia,►prAmi1-s ,otl*hael ofe a 5?,0 Al 1 bCAN 4Nd E('�' S"Dly A � 5�.� ✓, �E s �D% A �r�°�, jN7�RESy" �rN 'f' � %� A Q�N �k. �firi�l -- l� °I� i ►,% Pcs(-�N yh�. ��k��/ �� l�r/r f-AV Y r Z L� r 7 r �f • Popadwent of Commit" Na �eoaomie ��roelopae�nt :;:f` 41 • .•.. •r: •; • :� , ' •. fly The Mwersignede as COsl48e161161' of Co wnwee M1d SCanamla Dayslopwate of the Stew of Alesims hereby certifies that dnylicsto erigiaale of the Afticles of iscoiporation of KENA1 HARBOR DEVELOPMW CORPORATION verified to thi ptovisiasa of the Alaska Cusinass e duly signed and tasauaot Corporation Actp have base socsivea is this office sad ars found to coafsra to lave ACCORDIV LT the undarsipaed• as such Coamissiol»r of Cosaeree ea Economic ' Devolopasat• and by vittuo of the suthotity weted 10 him by law hereby laaues this Certificate of tnporporation of KERAI tM WR OEVELOPMENT CORi'OMON and attaches berets a 4upiicate arigisal of ti6 Artictae of taesrpotettoa • 1' e , l i!0lV it 9#91180r, i hit hamrs, so ar UM eM ' y/ta1 �, eJ►rrhl+•ai a o«nnw 1At cyhet N►N CHMES R. 1IODER ASE NO. comma" AND "ONOf110 4 ,' I; �r 3 for Mlles w. Dean Box 1233 Kenal, Alaska 99611 William H. Brock $00 Cordova Street, Suite 200 Anchorages Alaska 99301 ARTICLE VI The Initial registered agent and the initial registered office of the corporation are at follow" Registered Agents ;j William H. Brock Reu tend Office 800 Cordova Streets Suite 200 'i Andwage, AhAm 99301 44 ARTICLE, Vn ;f 4. This corporation Is not affiliated with any non-resoeknt alien or with any other corporation whose place of incorporation Is outride the United States of Americas. EXECUTED this �. Q.. day of .. �l.L. .� 1979, at Anehoroge, Alaskan by the following persons and as the Incorp�aiors who ore natural persons above She age of 19 years and residents of the State of Alaska. IncArporatorss �Dett_ L. oper -• Box 48 _ _ } Kenais Alaska "611 is.......... DONA239 Ken sh A kA J" I ���� / ..•�•;iltl i.,k r'r �. l.i'l�•�jj��..itt��,?,(�ti i•ii•: :1 �yt !�?:?�••�.ff� +�+�1'�,' •l. �i• lr!�r1.:•�:��;I�K:}I.'.: Ir1�i'�'�4:y��•,�i'•r��,+.iib• . • ��� . l�;•`4J ')Y' 'Y'. �rl�y ? •-.1J` � � t.'. ''� 1 1 r: �.. ^.f .J� FLED FOR RECORD ARTICLES OF INCORPORATION OR KENAI HARBOR DEVELOPMENT CORPORATION VAH Ci ALASAA (An AlaCorporation) : craurrrrrnr cr ska c rr,�crcr.. . G i'rJM61euL' Viva�b(+lAiNYj "• ARTICLE 1 The none of the corporation shall oo KENAI HARBOR DEVELOPMENT CORPORATION. and its period of duration shall L! oerpetude • • ARTICLE N The purpms for which the corporation is orgpniud are as follows to image in real estate development budnesss to engage In business for profits to buy and sell ser- vices and property, both roal and personal, tanglble and Intangibles to enslsge in lawful tran ! A ofevery yandture W under the laws of tie Sate of to perform all acts noeesssry or Incident to and foregoing nited Swtes �+ purposes. ARTICLE ill The capital stock of the corporation shall consist of the following classes and numbers of shares of stock, which may be Issued all at once or from time to time, in rs adopted d Of MOM accordance wor ith the Bylaws of the who as directed by and tfaro ArResolution of the ticles of incorporations in Clew A Common Stocks I21,300 shares with full voting rights and $100.00 par value. ARTICLE iV R - The general management and supervision of the off ain of the corporation shall be R vested In the Board of Directors who shall be vested with all powers conferred uposs j' boards of directors by the laws of the State of Alaska and the United States of America, ARTICLE V The Initial Board of Directors shall be composed of the following three 0) persons, who •shall serve until their successors are elected and qualify in accordance with the '--� ---_ - - — -- - - Bylaws -of th► corporation and these Articles of InOerporationt - --- - -- - ---- - - Roitart. t.. Reber - - - - box 48 KeMI, Alaska 9"11 ter.^s:No. .t • 1 . 7t I i 1 STATE 6P ALASKA 1 fl•IIRD 3UDICIAL DISTRICT VZPJFMD AND 4CKNOWLEDGED by he above persons as the Incorporators before tt» this. -day of� 1979. J•k- !•„ •'fir ��f �r• ::: Not hC n ------ - as ti'+�"• ' ' My Cotn salon Fxpircll ... a �Y�•� (•r j� �'• � }: ;. , j 4 ' s a , I. EXHIBIT a CASE N0. • ' a `? L . .._: -* r t1i�7f� • `�'� );��%�� p�u f t ;. S Y .�i � �jl.'�:i�tl(�a{R'*•` t-;.i:: ��,r' �'4'•.� + ii'�°� yY,:. y .. v.}� y�t4i !i`j J .. � 't� +;i 'y'• :���(,.1>t+H'��yl�i�1w .!ti. fif'I f�:r'ia', i • ��' •'' • r ,I I ',ctf�4tlfti�%l a4 � �:f� r ^t. 4 J�', S{'•:'��.f�'i+'�•`� sn i �; fi�"Sr't��•; ���'itlf'? •'". t,•xr�:� t ''V. ,y ; 7 , It r • � ! "�� � }cr..• �`^+ , 4- 'r•r..' Jj �:`c .?t,�`;,:t '�.t�'' . � lu .r✓ .�i,�.irr ..4r1.rA �',{r... r tr{ r i if:+�J;�•h•••;•d '/.. !"' • j r lb r ♦ 1, t • . I rI' r„ :t' r•1. y f'hJ I ;'� ky; , #j .� •,�{� •'• . !►t''; �. �,.t� 1�. i �,'' •S •�'19,r� t,_ r'•.:`' '''''ii•f :�. •'4h. t�`' i ' '.i. •T 1t.. t�e�1 °fit• }�:. ,s .� �, 1 ..�� hG7t}' ga�.di• y��'>. E%1i1..: +al� 11i �.f':r. \ �i..eC�i t:� ; � i+D � d( !.' � ri"r � ,:�,�h s.•1;r�.'�'v'.,,�?•`.1;.3;,'=';'��';�rt,..•,t.,,•s.+4 i� r"+� t��if �i1 •F � •.li ,• �e;1,1/r, ir., ti• � ; .�� �i' i �`��,�1.}fi/►vrw'i w I•�I q;'•. ;�;i•• , },�** I�i• • r'�/�`�.. .r �.�.}�S S/:4 }f 1 ¢�' �, yj,,((�•S't��"'� F'1 a-�' q/ •�' �'7 R�j{��{ .J�!F,' ;2�'�./Yrf.,`�'J�,.('}t;`�• fy'�ItS,VI•Jt};t.rll .'�Ilfiii�i} 1` . 4 ?. t' �b'd` iv�j�y1 ,�,{ 1 •. ..ill �b%� at:f 'R'I If. Y. •!'i!�ipjrsSq.iy "J r' li .�1�� • •�•�!'..'; � " •v'� i . lIN �t �j : i1♦Y.�Fir1N 3i r yy�,�� Y• •l ��.7 r t 4r M Q '� (j'�t t• l' r� -.�!•7� N'�'-.T,ittry;• /��"�M.Ni ♦��1.-F%• t'/ ;Y�•t' '1 '•.ti !.� .tr '1r •.Y�•'�i1�1 '- •}::,1 •� •�♦f, wiR �lir,� jlf f:� ti1�A�r•. � e n,•f`G.t•R t; 1;4.it'4.9tf•kji:r } �'(y •.r•'.• 4 1 . . 7'•,.�f,,ti.Y,l' �.�,�1.�'. SritS''��•'rr..'t F s � ♦ •r �� •fid•: i' . % -- - ,,f}� . r �1 . r t ��: �'.i , . J . .. *b 4 1��t'SJY J� �t ♦ .�r AYr , f� • '��:-'r•Y..:,. , O • :' • a h .Lf `` 1��!JN6 T�l�t, ti.•• r 1. t�, .'♦�,•>+• / +;• .r}y1, 1�%- {„.. _ TJ r?r., f ' aR•, ��{ •.i �e',�:1l;� b'3 �.ar i1, . a1 f :"}l. ��' {+'til"� t a�.j.I ram C �ilflibM ' Fm O V. T ',t. r �swAllLe_ �_.lyt _'Nw��tl�— ;;c�. etpb e 1 ,�.•�ka ` • � a .may�..� e; •.,1,�,. ' � .c•�..;,�.; ry 1u• � ;.•;�:;. ,; ►.;�.. , one l:ehnu kenn!' . f • 1 r ,j .•��� � t ��., �.; .,......t..:...... " :,-.. ,: �^ >• „�' y l�R+' rNiii !A 46 • o - tt�t tht �i� �d�� Owbua o�et oj�t+lgTks�al �C m e��ai n�� ��� ... ; 8Z+a1 elm�e ead �zjdlon�rad a,�►�oaudo+� star by #AM kadVIAXI s cytAb �q$ ��+aJdani WtNd�riNtnu 00 • i � I I STATE OF ALASI"AA . DIEPAtl'1'!NI;1YT OI' C�H9tCEICQ:1'Ir '+ ECONOMIC ®i;Y0:1.01s�1aOT a = or JAM Simms. U1111 I#W a eono?= ro= o — u►susa Irr►r CQWfdfon Satlon 1901) 465•3530 rr OA/01 /80 A&MAIN AQUA 0LggPNRN� 1016011MAVAUN NAVA021 Muffil KENA1. . AK 99So� -• . � - You are hereby given 60 days notke under the provislons of AS 10. OS• S 19 191 that you haw not filed anneal reports with this office to the Vicar ending December 31, 1919 19 Mate Filing Fes T.90 (Notes Annual Report must accompany the fees) ` 1900 ANNUAL #xAmM/gB TAX SO•CO LAIC: IAVALM PINALIV 29000 Total Due OZ• s0 'NVOLUdep tiIn'a• les are not corrected by q( CqW cat# of uxr�ttA 11iN E e �'� � '�p1DOt u 0• •919 101 • {. - till"t to the satisfaction of the Commissioner on or botore 09/XO/00ft i } report and toe was dopositod In the United States mail in a Haled enwtops properly addrwsod with postage ptopaid and providing 411 documents are acceptod as completing the requirements and filed for record, the corporation will be in good standing, very truly your&, Commissioner of Commerce - - - - & Economic Development .., 1,1 I • Cs Ar 12 7 i`. 1' Out 1 1'i v V, 14 Yi S `� ��jf - - - - - _ • . .I . .i ��iYt�+.MM�IM�ONI� • . ). ' ���.�fli4'o+sR.. s .•.�1V1Y�1'••i•�:f+ '' . - - - - -- - - - Ptah of-,Aus6 CERTIFICATE OF INVOLUNTARY DISSOLUTION f • The undersigned. as Commissioner Of COW*rce and Economic Developllaet of the State of A11lskae and by virtue of the authority � ' Vested -in him by lake end pursuant to Section 0.05.519(c). Alaska Statutes. of the Alaska Busintys Corporatlon � '•':I .-_. cheroby dissolves the Certificate of Incorporation of IIAa8d1► 0jVEL6oMENT CON PQRATiUN � for the reason that the corporation has tolled to file its annual reports within the time prescribed. and/or tailed to franchise tax license fees or penaltila prescribed whenythey Mere due and pa able, and/or failed to MAIMaina agent, as • registered set forth �0ow: j Attu �0 nA�e1�Ao�raANCM�SIET�1fiT1,IGCNSE�FEES �iiiioi IN TESTIMONY WN91119or, 1 hew IlgwnIO IM my 11W4 i MO GMIKW MV efWA MN. at Junew. the C bl this �N ..v.Q . der Of /af � � �, *+C f . A.D. se � -------------- ----- -� i - - -- �'' i � - - - - - �61�tf:taiaiti�tro�ll�dltct- — A ECONOMIC � . _ �.-- ------------"- ---.- t OEVELOpMENT ". O8.150'• Rev. 2/70 ......:... �... • ...,0� s► - ' tit r L1 poval b-ml of coamarrl & Fconande pwdopmte:! CERTIFICATE OF REINSTATEMENT ?Ma undo. OF d, ae Commissioner of Commerce and Economic Oevelopwrit of the State of Alaska, and custodian of corporation maids for said State, hereby certi iss that KENAI PAPROR OEVE60PMElR CORPORATION a aorporatiod orpni:ad under the Iowa of the State of Alaska, which was Involuntary distolvad for nonpayment of corporate taxes, did on the 21)th day of Pctoher.19 130 , file - oil corporate taxes. penalties and reinstatement fees due at this time.. 1 FUN r rtER CERTIFY that aid corporation it hereby reinstated on the records of this Stott. 7 y i TESTILIONY WHEREOF, I hrw heow 1* M1 MV Mnd and a11Ued My 6111GiN MM, d JUAM, 1111 C04101, tM1 A . COMMISSIONER OF COMMERCE AND a 1� aes ECONOMIC DEVELOPMENT 00.130 Rev, 3/76* A 6n .LM • • AY.144 Oi AL.Li.KA j r ., t i .,�► / �..r��r+"Hr WART•M1NT OP COMM111C1ADt0040 LoPMET' ^!= N©. CORPORATBACTI �,,,..�„�,,,,,, ....�► FILM Nil RgRp POUCH O - JUNEAU. ALASKA Y01f STATE OF A LA= %UTHOR." : AS. IBAS.S$I M _ (Type or print 190bly) ^ANNUAL REPORT OCT 2 01980 � N0. �p�yJ.`.. FOR VEARENDING O[CEMEENS1,,o ��___' DEPARTMENT OFCOMMEM & ECONOMIC OMLOPMENT ORPO f CORPOKENAI HARSON DEVELOPMENT CORPORATION CRATION File N0. 1 �.�.._.._ 1. CORPORATION IS ORGAN1890 UN09A THE LAWS OP THE STATE ON COUNTRY O/ 2 ADDRESS OF PRINCIPAL CORPORATION OF/ICE S RIOISTERRobert L. RoperEDAGSNT ��.� •FILE CHAN4E Nh 11414M42•1640 A 04EGISTERI100PPICE IN ALASKA Lynwagd Log At Candlel A911 Or,M941-1jgp41— _.r__ IFILE C►IANGl4N POHMas IMP S CHARACTER Of 6USI14E15 IN WNICH CORPORATION 15 ACTUALLY ENGAGED IN ALAS" .�.� Harbor Development, S AGGREGATE NUMBER OF SHAAC3 WHICH CORPORATION 11AS AUTHORITY TO ISSUE. ITEMIIj1D BY CLASSSS. PAR VALUT OF SNARES. SHARPS WITHOUT PAR VALUE. AND WHIES. It ANY, WITHIN A CLASS NUMBER OF SHARPS/ CLASS Will PAN VAVJE PER SHAME 129500 A » $100 1 . 1 j I AGON90ATI NUMIUI OF ISSUEC 1NANE8.11EM11E0 By CLASSIS.PAR VALUE OF SHARE$. SNARE/ WIINOU1 PAR VALUI ANV SIHit S. It ANY WITHIN A CLASS j NUMBER OP SHMILI CLASS Stalls PAR VALUE ►IN SNAKE 0 A it00 I THE AMOUNT OF $TAT t0 CAPITAL AS OF / HE CLOSE Of 0USIN9U ON V9CEM$ER it. A -0- /• YOU MUST PUPINISH THE NAME$ AND AOURISig$ Of $01" DIRECTORS AND OFFICERS IP DInICTCINS AND as ICING AVG ME SAME j PEOPLE WRITE IN "SAME" IN TN$ CIRICtORS ARIA f Y .. s aw.r. _ ..rrr.r _. � �... . r_�..w.r..�w.ww. _.w.w•. w..+.r.f ... .�. «.-...... CA41!IATE AOORI$S_ .. T Robert L. RoperP. O. Box 40, Kenat Alse;.,% " _._........_ DIRECTORS 1 Mlle• M. Dean P. 0. Box 1:130/ Kenai. Alaeha . t None OFFICERS 2.' . 3............._�... . _. .....»..»..___ _ �_ ._._.. _._...._ . .w...... III ATTACH AS 1uHIBIT ••A•• INS NAME lion AUUNESS Or EACH NUNNE110ENt ALIEN APPILIATS 1/ VOU44AVO NIJNE.INDICATE 114 iME - ---- — --- ---....._ _ SPACI PROVIDED . - - --None - -. - . .-. _ - .. -ZEES NSYSRI/-[WI LIIPLANATIONI- - - I I ATTACH AS I RN1/'1 ' S" A NAME AND A0011E/6 O/ EACH PERSON HAVINO A DIRECT OWNIRSNIP OR CONTROL Of AT I.S All % 1-IN CE11*1 Or THE 1041IIS UP $ PIRCENT Of ANY CLASS 00 S0IARIS AND INS ►IRCINTA(sE ►)1 SNARES OWbEO BV I./AI VkH&" ---t------------_--------- - - lAwSll "G". _IINAI I COVEN-1 stNyRASINf AS OF SILfLMBER It OF INSJ1000111NO 0ER100-it YOL-HAVE-%Uftl In SPACS PHIJVIDEU �„ .w.... VAIIU . —October-is- -- l0_.80. TITLE Dinietor •NAY 610.9011--- L [IN L �1 s \I.I ro� f�f:i"syyl!��yyyy,� u 1 •:(� ) Wit? ♦;f ? , J�. ,.Lpyy�`1f:'l.'4!h'•iJJ �- ,�, it�� .S-. ;IN'��•,,'7Kfltl�+f"^^ 9t�vt 1[•� t 1!�'� l�q pJ''yy �iiii6l��;Nr%2rp.S.� :.YIF4fb4 I• ' - - - I wA.�ia�%.ir,S.►.S�;i.. y ► 7RtY .1di4t5�R+�rr°IhlsLo r� °' • — --- -- 77 ALASKA ascuw�tot << �e , DF:P��tiT9Ib:N'1' OF CONBII Be l: & I;CON0.9BC DE9'M:I.Os' If1:NT ` t1t W a Wes• pf gonjt pint IMS a tSMONUaxp i6uWf 0 — luMUY !till � � . Caporalion Sation (907) 465•2530 � - 09/03/st WiN•MM1HAm pp�A�02LAN�0��aL���T Oit�ATION 199691) tNAle All 99901 • You are hereby ghms 60 days notice under the tovisii oltic AS 10.0 0519ondi' ' that you have not filed annual reports with thisyear r . December 31. t9B0 1900 Late filing Fee (Note-, Annual Report must accompany the fees) 1901-02 BIENNIAL CCRPORATE TAIL 100.00 LAU PAYMENT 09NALIV 29.600 i Total Due 131.40 Iftheabove detinattunnenneies are nut carracted by 11 oa certificate of Gtl(t �NAltURVU SAALLLel i it flX��;rum ROV1� 0��� � Lt/1.0 �419 lnl. n r bolonit/u2/A1 the T,�1 to the saNsfactlon of the Commissiorer a o report and far was depasitod In the United States mail in a sealed envelope property addressed with posteprepaid and providing all documents an accepted >t a completing the roqurremenis and filed lor•rocord. the corporation will be in i good standing. very huly yours. CMAAL@ S Me NS08EI11 Commissioner of Commerce iL Economic 0evelopmont .I 11131T t ; �►' CASE NO - as -Its fw.:nA OF : x .t•a�n' r �: .,•._ y r.. .7%'.•a,,j,l»et<�•.�.�.S�.v�r:F�#.}•.�►,tyrips,Y,����i�iln�tsr�tfb�it i:•t.�a.•��l�I::.�/ti.�,•L�B�. ,'='tti;�g �rrva rtet!lt.p>r'; �•a. 1 < •�i Ar' +' 4' 4! H'7 ' 'i!� I . r Ir .�.:�,' + A•.:,.:1 • •.t 'yYri t>j��.•' . r'. �i ; •' t.•71 io ffligmi t�q�ra�>,!"`'� � 'a ti . t •� `���, �'t . Y��`<r'���a'•; �q.'4- �'��," '";.1iFi+�i t!: `his, ,{, { �`T ;v�.�+$ r•.ly, +(�•.ry:.;,:c:� , + // rQ•1'a�,' I{A`��z�`.3'��1$ �;' t', � .)t• .,4 'fit, �,�; .5; t,• ,}�.,.i �Iy�/•/M�= 1.1,• �t G,;�:j#: i�r,.;: K,.t v � ` E. (SI�� i•: , r•131 ft::r.�:.:ir••: ,�..i? i• C• j • +r. I i 6 i ��'..' 1, • ��t��L• ? 7.:Ys•. + N r:. Ar !tt ill" r %tt;7! {•Yt �.. , � ^y . �, r....,.,+1 i.•• / t�e� 7 i ,i.. r., I,:� r�, q• pr �ii' l %'.n�.f• Y eft �'i! Y•i •,T iFy ,•;; t,' ,. t +'tli'b�{.p� Alf ,'�(tjF�p'�k r" Y• t1r. �r A'r�r'�'��'�t r" ail. i.'�/} f , t1'�f. �,�,� N Ar•of`}t�•.�j.Yjl��1 ".y�A 1tL�U:� j �'}T {(��� •k 11'V�'il+•�L (t lr �.:'7j�.•SY,:%•:�•�: L -.4:��i�"����71i;'t•rY"t`'�r.!t.R+t 4ifY .+ .-_ .._P ..tom.. iit•. !f�V;il'�?i,.iPs�n.'�'3�y'yi �. i'`:: i.:•�.+...� (� pJ.bLO: l'wt11rt1 OWN 1,1 sod W. t, �. 014 Nb fi1.11 M a/ 41ft+ttM T0'4>w M a ...._.�.fom=— 1. 11y 61r mb)$ saw.* Opgtrmi(thell M.1 r r) ?.sm to *,bow Vyi 614 Q11111M1i.•••.•.. ••.• �. •� U to m to "ism. 0:» ad od lef11o/ dAlor1r.••..a. 8 ;. U R•�18tllil•I1 p t:l i IVtuv aatA1tY11►1tr1•ib•1A•phLgtod••.rw..•u•r U alatnt:•It1, r•11 nrrv. 1� 61►ar to rM� tl»1,1h 1 •lRItY of d IMry.i..• ArhAl mAp 1-04 JLJtt .11401.41 1,11'I' •• 111 k•rtt•hI t• •:;If 1 t, vhkdo Ill.) l As 1 11 t, 1h 1t� (l.t w4 K Alf :1r) At.NA11 ALAv-A + 1•I it •' f+t..Nt�f••Ittl fIM iII IIf Mp 14MI11f�M0 yy_l,�^�-__� p - rUrrti• ninrrl w�.rr•i.�l �tJ+•aW W'� �. „ 111n4 Orem J Ilr wu1N M►vIMI dr•w• p • w�fu 11u.1 ttt•�r1Mdme" � i f .tr!rh•N•r•••••••b• 1' t� � �. 11N/011 rllrl••.••�H'AIffO. i L C7 •� 1 r i , .� i s;Sy 'y'.`ti .:�.,s n:,�i).'s•;1, � h'!^' 4•. �L J TC„'.�s.r •izC �T, ,'�" :.�;, _ + i4:� � 1 •1� 4,�4X;"�,��..t �:t J..a rr,t,��,' ?�Y• .�.%``� ,y'- ��t `�,. �`"' } r �r F � �j��, "r t:°"1 * `�•:�c=1�r'�'I1, r.t J'' � .t;•G!' ' 1ij, y,,�'-' �i-,. �Q t�; 1 ' �,��'K� ���;� .��•:� 1�. t ��y rt}'�bt�:. 4,�'.' ��ny "i'• .r � .�5�"/;..."r'<Cri.�, �1�';,,�:,, .F,1 �t � f� . • ; �d � j „y- E �?" .� s . R`'.�� . itJ' . { CC N i .� . , �.< ,,.�'� '�^ s, � *+'•LS.,'"' � ,'i, t 1' c .r ••!'��• .� �� "y �" '`' ��' �' 'e14n ':.:�t� � 1���i,•• �+� �� .C' �..J '1 `'�.. � �j�1 `.1..��"Yr4• �1• C ���1 ;{5,+.• � 'r ���"� �{'h, (�i •. .� .l s!`r s ` r id,i•'is' i,.,tl t1 •r. i li --t' . t.?: ,` ,s ,, { r_' i� s 5" 5' r •� ouse l��t t:�N.j%,�ii�tS i)ts�+.�:�ia'.{�?. �4.'4-.,i'� _�,y• � iay7'. ',yi' �}rt,�.J 1 4.� f' mil' (o'I .j• �1"'' ,�.!' �'�� . •.}''', t r:� J i��� �l,}:�•�•.7 i� � � i. '�{. y,iy iff15 C� j l 1 ' 7 1 �,l''F• Robert Le Roper Kenai Harbor Development Corporation - Lynwood Lane at Candlelight Drive on Kaknu Kenai, Alaska 99501 t� CERTIFICATE OF INVOLUI''ARV DISSOLUTION The undersigned• as Commissioner of Commerce and Economic Development of the State of Alaska# and by virtue of the authority vested in him by laws and pursuant to Section 10.0-619(09 `j Alaska Statutest of the Alaska Business Corporation Act, hereby dissolves the Certificate of incorporation of h KENAI HARBOR DEVELOPMENT CORPORATION for the reason that the corporation has filled to file its annual reports within the time prescribed and/or failed to pay tees* franchise tax license fees or Pend;ties prescribed when they were t due and payable* and/or failed to maintain a registered agents as set forth below: - - FAILED TO FiLE 1"0 ANNUAL REPORT FAILED TO PAY 1981-62 91ENNiAL CORPORATE TAX IN TESTIMONY W141 REOF.1 hwr Mnunto of mT hand and 8111Med MV 61heial ant, at Jumau. 10 Cawtat, thin -20d ! a.v al December.. A.u. me 81 n f✓A6QNp)/' Z,,_ '• /1;; •/, " + COMMISSIONER OF COMMERCE ANO T ECONOMIC OEVELOPMENT c7 s: c; f' k� ss. y. z• - Yn' 1•p` 'i .i g ! C i t'^c.- �{•� �1 �r .�I't� • `�n i •J?- �'��: t i y, fir, of'�)! �rF �•f� Fr � S .}+. •. ft,�. �y..,� ;.�..`\�' K.. ii• ay� '1 �5.,��, V ''iir�. r; � :'.1 �,� I.0 = ! t�Y•F' 1'f,'7 rc�� �,.(l�X�� �'. � rt-'+4���r����, �} � � �1 '(.,, N' ' , t,; t "~,_,y rill �1.�i'+t� 1 �' �.s.f.4J., 'r �'.y•','f r'�� k f11 4 4r ,Y,'�r:f{'�('+V'uAj 1hR' ��h, l t� 11i1i t ': 14_k �IYJ 1 t, i {'F•t`,C+ t1ifYlu,,1:, fQ }. p'•f. P.'c ', T �j t � Y•� 7„ q(i .r A 1,0 _ t 1. ��i 1y•1 C i y •t , ~.� n'f' '~ f t ,t J f „• 1j 7 P" -��•,• i nw. { -. h'!k�tf ' f ": Tj ���r•.s}`'ii. P.yr;�."Lt41Y��, �1 f 'Iry�``,.� 1 t,�t rt, (Y,��;'LtiS ., iti ,� I�s i„�� �;+r�"i� ��t�`'� 1�f•j£'S}� ;,�r�`e ��, { t , y. r•.�7�'.��r'cC'0�'�;'Y�4�•�iv�1``.11��.'K�x�;f�'t�• �!`s1'``�,lk�'Y�.� �7,•!a•',s��'','4t"f+�',��7itr�v`�'�tG�.�},sE�`7s1;�l�4et'AAA�kYiy�;(%,!;'•.�;` .�, •J, i kS i �+ 1 411. r • s y`tj1� i 11 CC •l .r."i•.ir All too `•':' i t 4XHIBi 1 , CASE NO !$AGE OF I . • • •. •i' •�•• fit, � .t,��' •..:•:�:,,. .:,;ta�,:,•,.��{. l•:r- .;�;ra;7� a- -- . L411- - -- -1 - - - --- AL, - - - " t1(•1 MILPS PEAN, ) ) .vs.1 I^ r RQNIAT L . ROMP and KWWII I IIM21�V2 +ili1'f..+tl!ttf`NI' i ✓ I v C.ml':17A1'It��:, nn rtlanit: 1 �t j CA,'pf rbt icn, 1 •1 1 � roIondanIs. -- A I • i NOTICII IS HI:IIi'RY LIVEN III -it, I nrsuant to A. S. 74.35.1611, Claimant, MILER I111AN, fast Office sax 1;139 Krn•tl. :`.t.pal;j 'F1411, r.lairm a lirn against I halcu:lant I20I117It I' L. ltld'L t. Post tllflc r 1% ix b:i I:rani. inl • I; t '19fi11. •a.,l I:�htndant Kl:N11 IIARI' I: 11INCLtt1'A!1NT t'ttltl'tllt.tlntl:, .:hs+.. 1.I111. q•,I platen( mr.iroa5 it ! ,• �•;rlln.l•: • •s. 1,•.,, v % •Ilf ,,.d,• A �tl, i t,•r I, eyosivi l .,I I d nr. tervitc , SerftltTCd, anu s.,auriatt .Ind crjliil•Inc t Iurui'.hc 1 m ..•:a,.•, lion .::, t le rolmrs•(.tion and itil,romment III the harh:u Irvtlrpuunt t.ar a•, .I,,• real 1•:-•I.clty ime., rirlirularly I tlorit+ed, s follows: Tract 11 - Cit- of Kenai 11n:.t W-1110 :ua) Rif+ht•nt-\?ay •rd within tl`o rift h:uit•t of I:, I..Ii, AI:.•I::t• 'll.-ct C - Kona K) it R.uups MWA •, trs l+,ralV l •-A-hin do vii r limits of lu 1.. i, Alaska. t`I.:innnt exl•ev: vet trrvic•es am not-ni-racwh•t rxpomm on thr• above deserihed real property (:•r 1). G nd.n,ts, which :.ervire, were la•:t p,wiorls:,.eA, of materials asld el; dputrnt I sa huni•,hr.l :n . ��: ' . 1 �"I . ' T! c• vattla of tilt Cinintant's services poeferined;m4l out•of-pocla•t expenses nn tise .tbov,• dce•cribcd I rcperlq from ! ,�//�! f-t-•-.__. �.�/ 1'1!t/ , IS ) �SC/af;11: 7,A..• t !1971 through .tj.__1rnlnlelpr_,to t'I•Itlnant. v:Iiicfi 'lave.: a b.d:..t•,t of %S7/tSJ• •!•'/_0Y.Ing for lilt- work parlors, 1 ale( out. oi-1'o: I:et expeires, Ishis coe.tu W.- preparatitnt tI( the lien in the :uno:mt of �,•.;�1, r'7, Pills orr•mlinl; U:as of Pen in thti ::,nrunt of $.q, o, 9. . for it toed lien claim in s P• amount o' ::i.;tijh 1,� 11,.' :'•t:l.11ut. 'It avers the{ tle• rl..iin is ju iq ovtinl; led t •+: rct':, avl that Owl c art, n+ ou ,I•is or t ro; its Au: to the 11 d.•n LO ;. I)XI I'D this _ '�� % `'!t_day cI t •f fir_ � ' _. _ r 19�%t�.e ".TAT(: 01: AI. %KA-+ ) TIIIRII 11111CIAL I,ISTR1C. ) ' MILES I,CAN, b.•init first (fury sworn. Upon calls, dogmas .and states That he it the claim sit itln,tt•i lit -will and makes this verificatiral, ;md that he ha•i read the tr�i y;otnK Claim at (: n, I:nsty • 1 iu` rontents C. + s+f, .:I,d th.st Lhe ta.lto 11 truo nt his own Ucowledge. l Cc1 IIIIAN St111St Ulpi`t) ANl, SWORN In IlMere +,den••++•Ihlg day of f`:al u ' u�..i CA"TN0. ---Ste ZO w 46 t ; it / CITY OF KENAI „od ea#W of 4" MO BIDALGO KENAI, ALASKA 69611 TELEPHONE 263- ms MEMORANDUM TO: Council Members City of Kenai FROM m Rogers, City Attorney \ / City of Kenai DATE: June 26, 1987 RE: Local Bidder Preferences 7 Preferences in hiring and contracting based upon residency have been the subject of several Alaska cases. Residency requirements are not, as a result of this litigation, per se invalid as violating the privileges and imbunities clause of the U.S. Constitution or the equal protection clause of either the U.S. or Alaska Constitutions (see footnote 6, Gilman y Martin, 662 P.2d 120 at 126 (Alaska 1983). It has also been decided by the Alaska { Supreme Court that helping one class of businesses economically against other businesses is not on its own a sufficient valid purpose for allowing discrimination in public contract bidding. See, liynden Transport. Inc. v. State, 532 P.2d 700 at 711 (Alaska 1975) . In the Gilman case, the Kenai Peninsula Borough attempted to give a reduction in price of five percent (5%) for each year of residency in the Borough on land -sale purchases from the Borough. ,- - - The Supreme Court felt so strongly about the issue that even though it was not raised in the briefs, they addressed it anyway. While admittedly, this is not directly on point with giving a - bidder preference to businesses within the City, it is very . analogous because both issues address preferences to residents. In the qLlman case, the Court went so far as to suggest "it is not even a close question that Ordinance 79-53 is unconstitutional." Any attempt by Kenai to invoke a local preference ordinance would likely incite a similar response. ., rt 's f What has been proposed for the City of Kenai on several occasions is a bidder preference based upon a percentage. One suggestion involves giving preference to local Kenai businesses when the competitive bids are within five percent, (5%) of each other. This procedure mirrors the Alaska State procedures as set out in Alaska Statute 37.05.230. The Alaska Supreme Court addressed the constitutional validity of AS 37.05.230 in Irby-Northface v. Commercial Electric Co., 664 P.2d 557 (Alaska 1983). In a concurring opinion to that decision, Justice Rabinowitz stated that the bidder preference statute was "clearly unconstitutional" under the precedents set forth in Lvnden Transport, Inc. v. State, 532 P.2d 700 (Alaska 1975). Citing the familiar language from the L nden case that: "A discrimination between residents and non-residents based solely on the object of assisting the one class over the other economically cannot be upheld under either the privileges and immunities or equal protection clauses." It should also be noted that presumptively in response to Justice Rabinowitz's concurring opinion in the Irby-Northface case, AS 37.05.230 has been repealed effective July 1, 1987. At this time there is no supplementary legislation to take its place. In 1984, it is my recollection that the Council removed a bidder preference provision from the Kenai Municipal Code 7.15.040. At that time, I strongly suggested that any attempt to give bidder preference within the City could be met with a constitutional challenge and that the City would be hard-pressed to win such a challenge. The opinion given in 1984 has not changed. A local bidder's preference is simply not permissible given the conditions existing at this time. We are presently compiling a list of municipalities in Alaska having a bid preference ordinance and will re-evaluate our ation is complete. F a IN 37.05.165 Irs for Anchorage sties. The amount :he appropriation -ied forward from subject to the ap. r is less than the his section, up to may be appropri. 1 invest assets of he management er A3 37.10.070. naybe appropri. appropriations the governor to meaning given y that this section +rAS ad 1luai e� _7011"s account. July 191987). amount of the spec[ the petty the total plus s equal to the tccaunts area j to whom the ry regulations ` e 0 38 ch 106 4 37.03.170 PUBLIC FINANCE § 37.05.230 Sec. 37.05.170, Obligations. NOTES TO DECISIONS Quoted in Zerbets v. Alas aFEeergy No. Center, Sup. Ct. Op. 78731. 70s P.2d 1270 (1985). Article 3. Uniform Purchasing. section Section 230. Competitive ns 220. [Repealed) 231 — 280. (Repsi 225. PurPoee _ Sec. 37.05.220. Purchasing agent. (Repealed, f 87 ch 108 SIr.A 1986, effective July 1, 1987.1 See. 37.03225• Purpose. The legislature Ands that there exists t high unemployment, underutilization of re the stets continuing sident firms, and high costs unfavorable to the we'. construction and supply se fare f bidder Alaskans preference for resident firma when the state acts as a market of bid p participant is to encourage localn d and strengthen the tax ani d raveths economy, decrease unemploym nue base of the state. ($ 1 ch 70 SLA 1985) Sec. 37.052i308e proviided in this chapter and refgu ations estab- 1987)• In the lashed under it purchase of and t1) a contract for construction and repairs, or a pment, and contractual services contract based on{ecompetitivesbida•ian award shall be made to the must be for bids, except that (A) a lowest responsible bidder after advertising bid shall be awarded to an Alaska bidder if the bid is not more than five per cent higher hn ed notthe lowest be required (i)eforent biddees, and (B) contractual services competitive petition exists; (it) for sales involving fair trade tams; where no com where when, in the judgment of the purchasing agent, food, clothing, or medical supplies, or materials for use in laboratory and experimental studies may be purchased otherwise the e ordinance; at �v) for items tradeddvantage of the tin (iv , where rates are fixed by on like items; or (vi) for professional services► purchase, or sale is 2) if the amount of the contractual services+ estimated to exceed $5,000, sealed bids er 1 shall be solicited, when practi. ulated to reach prospective cable, by publication in a newspap bidders and by posting notices in public places within the area where the work is to be performed or material furnished and in addition the 207 L 11 -I F 37.05.230 ALASKA STATUTES SUPPLEMENT § 37.05.230 department may also designate a trade journal for publication; the department shall also solicit bids by sending notices by mail to all active prospective bidders known to it and all bids shall be sealed when received, and shall be opened in public at the hour stated in the notice; the department may limit the solicitation of bids or negotiate directly if it finds that it is in the best interests of the state; (3) a contractual service, purchase or sale where the known re- quirements are estimated to be less than $5,000 may be made either upon competitive bids in accordance with (2) of this section or in the open market, in the discretion of the department; but, so far as practi- cable, shall be -based on at least three competitive bids and recorded as provided in AS 37.05.240; small purchases of less than $500 in the discretion of the department may be made on the open market, and may be by cash payment from petty cash accounts set aside for that purpose; the department shall determine the amount of the petty cash accounts needed by each state agency, and inspect the petty cash accounts at least once each year to determine that the total plus amounts of receipts for unreplenished disbursements is equal to the fixed sum of cash set aside; shortages in petty cash accounts are a personal liability of the responsible head of the agency to whom the account is set aside; the department shall make all necessary regula- tions governing use and replenishment of petty cash funds; (4) the provisions of this section relative to competitive bids do not apply to contracts for the operation of transportation systems for stu- dents to and from the schools within the state, as are authorized under AS 14.09.010; and these contracts may be awarded by bid or negotia- tion and, at the discretion of the Board of Education, may be awarded for periods of three years or less; (5) an "Alaska bidder," for the purpose of bid awards under (1)(A) of this section, is a person who (A) holds a current Alaska business license; (B) submits a bid for goods or services under the name as appearing on the person's current Alaska business license; (C) has maintained a place of business within the state for a period of six months immediately preceding the date of the bid; and (D) if a joint venture, is composed entirely of venturers -that qualify under this paragraph; (6) (Repealed, $ 53 ch 37 SLA 1986.1 (7) the provisions of this section relative to an "Alaska bidder" do not apply to contracts estimated to exceed $5,000 of the Department of Transportation and Public Facilities which are authorized under AS 35.15 or AS 19.10; (8) the provisions of this section relative to competitive bids do not apply to the purchase of products or services manufactured or pro- vided by a sheltered workshop; 208 X L 37.05.230 (9) the provi: apply to the pu tional industri( (10) requests fessional servic (11) the pro% not apply to th, 47AO. 0 3 art 1 am 4 1 ch 77 S 1964; am H 1, 92 SLA 1975; (1977); am 1) 5 i ch 119 SLA 19E $ 67, ch 106 S' Postponed rep, repealed effective • Effect of amen amendment added provisions prior to the main pamphle The 1985 amens' graph (D) of pwW 1 minor ch ee. The lt�ends 1888, re .:. per• l air text services. Editor's notes - in Paragraph posal � Initiaeive Pro Opinions of eta plimble legal grin circumstances who ment is designed tc of a particular ve public interest, sm ! result of the proct Att'y (fen. Op. No Department of i oration in ewer contracts. — AM j partment of Educes boards are explicit j to decide when a b awarded by bid or ,ty granted to the i tier under AS 14.0 clusion that the di, was granted the d tween bid and ne busing contracts.: Co., Sup. Ct. Op. N 693 P.2d 319 (186;l ! i § 37.06.230 lublication; the by mail to all shall be sealed ur stated in the ds or negotiate the state; the known re. be made either action or in the ;o far as praMi- and recorded as an $500 in the m-market. and t aside for that f the petty cash the petty cash the total plus is equal to the accounts are a :y to whom the cessary regula- funds; tiids do not systems for stu- tthorizedunder bid or negotin. my be awarded under (1)(A) of s. to as appearing ate for a period i bid; and ars that qualify i iska bidder" do ' Department of sized under AS 1 ,} ive bids do not ictured or pro- 9 9 0 i. $ 37.05.230 puBt is FINANCE: § 37.05.230 (9) the provisions of this section relative to competitive bids do not apply to the purchase of products or services provided by the correc- tional industries program established under AS 33.32; (10) requests for and acceptance of bids or other proposals for pro- fessional services shall comply with AS 24.23 or AS 36.98; (11) the provisions of this section concerning competitive bids do not apply to the purchase of residential child care services under AS 47.40. 0 3 art IV ch 82 SLA 1986; am §if 8 —10, 23 ch 186 SLA 1957; am § 1 ch 77 SLA 1969; am 4 1 ch 158 SLA 1962; am ii 1 ch 82 SLA 1964; am H 1. 2 ch 92 SLA 1967; am § 1 ch 61 SLA 1970; am $ 1 ch 92 SLA 1076; am H 1. 2 ch 194 SLA 1975; am E.O. No. 3% 4 11 (1977); am § 6 ch 63 SLA 1982; am §§ 6 -- 8 ch 144 SLA 1982; am § 1 ch 119 SLA 1984; am § 2 ch 70 SLA 1985; am § 63 ch 37 SLA 1986; r $ 67, ch 106 SLA 1986) Postponed repeal. — This section is As a general rule, where specifications repealed effective July 1, 1987. are so drawn as to confine bidding to one Effect of amendments, -- The 1984 company, firm or individual, although amendment added paragraph (11). For others are engaged in the same business provisions prior to January 1, loss. see and can do the work or supply the mate• the main pamphlet. rials, a contract let thereunder is void. It The 1988 amendment added subpara- is one matter to constrain the public bid. graph (D) of paragraph (6) and made other ding grocers to advance the public inter. minor changes. eat, and yet another to utilize bid proce. The 1986 amendment, effective May 26. dures which serve the interest of a pertic- 1988, repealed paragraph (6), concerning air taxi services. uler bidder without a corresponding and Editor's notes. — AS 02.06, referred to independent public benefit. 1986 Atey In paragraph (6), was repealed by 1983 Gen. Op. No. 3. Initiative Proposal No. 2, 16. Where there is an impermissible taint Opinions of attorney general. — Ap- of favoritism suggested by facts or invited plicable legal principles dictate that, in by improper procurement practices, public circumstances where a public procure- contracts can and should be declared void ment is designed to promote the interests even absent actual proof that favoritism of a particular vendor rather than the in fact occurred. 1986 Att'y Gen. Op. No. public interest, any contract awarded as a 3 result of the procurement is void. 1985 Atey Gen. Op. No. 3. NOTES TO DECISIONS Department of Education has dis. The Department of Education has the cretion in awarding school busing discretion under paragraph (4) of this sec- contraeft — Although neither the Do- tion to decide whether negotiation or bid- partment of Education nor regional school ding is the appropriate method by which boards are explicitly given the discretion to award school busing contracts; the de - to decide when a busing codtract is to be pertinent. having chosen to require bids, awarded by bid or by negotiation, author- has discretion to require school boards to ity granted to the Department of Educa• accept the lowest responsive proposal by a tion under AS 14.09.010 compels the can- responsible proposer. State v. Northern elusion that the department additionally Bus Co., Sup. Ct. Op. No. 2890 (File No. was granted the discretion to choose be- 7079). 693 P.2d 319 (1984). tween bid and negotiation in awarding But boards can narrowly define Pik - busing contracts. State v. Northern Bus meters of acceptablo proposal. —' 693 ( P.2d 319 (1984). Sup. Ct. No. 2899 (File No. 7079), The Department of Education. pursuant 893 209 0 (907) PERSONEL DATA: WORK EXPERIENCE: 1982-Present 1979-1981 1972-1979 EDUCATIONAL BACKGROUND: 1972 1971. I JACK BROWN P.O. Box 159 Kenai, Ak 99611 283-4099 or 283-4504 I have been a resident of the state of Alaska for fifteen (15) years, 1965-1972 and 1979-present. i am married and have three children attending Kenai Peninsula schools. My wife and I have been foster parents for sixteen years and have provided a home for more than thirty teenagers. Executive Director, People Count, Inc. Responsible for management of a corporation that includes: Fiscal management, supervision of employ- ees, public relations, fund raising, classroom in- structors, grant writing and program administration. Youth Administrator, Cook Inlet Native Association, Ke-4 Office, Responsible for program administration, classroom inetructor, and grant writing for native and non- native youth programs. Executive Director, Christina Sinatra Youth Center Palm Desert, California. Responsible for management of an organization that includea: Supervision of staff and facility use, host for a television show, fund raising, and devel- oping recreational activities for the community. Graduate School Education California State University at Los Angeles S.A. Degree - Education California State university at Los Angeles COMMUNITY SERVICE: 1986-present Vice -President of North Peninsula Road Service Board 1980-Present Vice -President and Board Member, Kenai Peninsula Community Care Center 1986-Present Vice -President and Board Member, Kenai Peninsula Caucus 1984-Present Kenai Lions Club 1986 President, North Peninsula Chamber of Commerce 1978-1979 Regional Commissioner, Americas► Youth Soccer - - - ---- Organization 1974-1979 President, Coachella Valley Youth Agencies 1974-1979 Host for television program. t _ I -a 1 t ' JACK BROWN ,1 RESUME - PAGE 2 1 TASK FORCES/COMMITTES: 1987 1966 1986 1986 1985 1985 Government Affairs - North Peninsula Chamber of Commerce Nikiski Alternative Road Study Committee North Peninsula Chamber Capital Projects Committee Economic Development for North Peninsula Chamber JTPA Statewide Youth Employment Task Force Statewide Task Force for DOE to develop a Youth Com- petencies Pre -Employment Resource Guide 1983-1985 Sheltered Workshop Steering Committee REFERENCES: Shively Harris, Field Representative -; Department of Community and Regional Affairs Division of Community Development 949 E. 36th Avenue, Suite 400 Anchorage, Alaska 99508 Senator Mike Szymanski P.O. Box V Juneau, Alaska 99611 Arthur McComsey Fire Control Systems, Inc. Drawer 4150 Kenai, Alaska 99611 Kate J. Lee Cook Inlet Region, Inc iS 2525 "C" Street, Suite 500 i Anchorage, Alaska 99509 Bonnie McCord, President Native Village of Tyonek i Tyonek, Alaska 99685 Jim Zawacki House of Representatives P.O. Box V --- - Juneau, Alaska 99811 t Billy A. McCann Box 223 }` Kenai, Alaska 99611 0 r The following is a summary of my grant writing experience/qualifications: During the past eight years I have written in excess of sixty (60)grants for organizations in South- central Alaska. These grants provided funds for projects such as; a Tribal Center; Sheltered workshop for the Handicapped; A Historical Film; Employment and Training Programs fot Youth, Adults, Older Workers, Handicapped, Single Parents, Displaced Homemakers and Offenders, "Starting A Business In Alaska"; Youth Pre -employment Competencies Systems; Conservational ra e Developmentally Disabled; iTrails Construction on Projects; eProjects; and tTr atmentgcentoerfor hYouth offenders, etc. Suggested schedule for management fees; GRANT AMOUNT PERCENTAGE OF GRANT 1. 0 - $ 100,000 102 7. 100,000 - 200,000 7X 3. 200,000 - 500,000 5% 4. 500,000 and over 3X All management fees are negotiable. I ?, N a f r N � w ra O O YOi V O %D � O b � 1.~•i M�•i O~1 OW1 � .. to 0% %n N ♦ o a v e cC co C VI 1p W 0� �' 9 '0 O O V1 �D N W O ab N w O i+ ow /r d " o► o � �o N w w Y1 � o a N w w w $8 G W � O YI N W ti p ao u� a• an w in N yyat N 0�1 p N w g8g at a a 0► to -Am N •d N �• V O A O V to 1+ W f Ali m 1p 00%1 Ow1 'g G N Iito s� as C � K I hl ~ O M � O L - - `�- W�i'K1Nari YV. yrri •ir�a yyv1... .r+wr .rrw..nr.V..r. 1 Cc= SiIEE: - - 1 • DC A 0(VL't - - 2 • AC"'CN '".fit - DC.', A CI�R.! a. Date Received a. Awarded b. By Whom b. Re;er c. Returned fcc Ccmplet:on d. fther -------------- e. By 'atom 3. LEGAL APPL+ca[vr/RECIMM a. sra^�Rx - p Kenai Peninsula Borough -North a. Name Peninsula RecreAPion a rmice AuthOcity given foc-ccMM'ty under 19 b. St.esc/P.0.Sax 7116 Title 29, Alaska Statutes. j c. City Nikia� kki M an a d. Bocougn Kenai Peninsula e. Contact. Person Authocity given ccnanunity under city f. Title �Ignaeer ___ Ordinance. r i g. Phone 776-Rene L.J . 5. CCCPVERATNE APPLIOT'-COS j tf this application r%ceaents a Joint Apgiication with two cc mace communities at entities partic'.patiM, list othec participating caamunities cc entities NIA S. GtANP CAT`OMY a. Capital Project _ x b. Planning Feasibility Project 7. Site of C=mwnity (foc Capital Projects) Er Large �f SMall S. PSWEC. • a. 2ro,ect ::ele b Amaunt CrEG Funds Request .00 Human Resource Center c. Grant Period: 8rom b/15/87 6/30/88 9. C'r'RT:?!L :OS A1ppi:c.3nt eer::::es that: To the best of my knowledge and belief. data !n t.':is application is true _ and cocrw..o that the do=, ent has been duly authoc-zed by the governing body of the applicant, that the cceominity is empowered by statute to - pec!ocm the functions and provide the set.,ices encompassed by the project -_ propdsed, and that the applicant will comply with the attached assurances if assistance is approved. Signature •r�-!'�. .,701 Name (%*Me cc Print)Stan Thom son Signature -- - --- -- - - -- - - Title Ma or -.. (Mayoc cc Ctty Manager MY—) Date ¢ R - - - Date 2/2a/ 7 - L 7 0 a V I pRQpt-)SCD BUDGET n rrTh nttnGET Sl1'•1.l4ARY this a»ge aho: Ing ALL coats id.-ntif'iad oith the Gru;oea.- :%:ate yvu cra I-to=:oa:ng. A cw.;plete ewp:anation cf each ea-'agor„, is yiv,;n ct? :i �'_"�sC;::•l�:li' A. If ;,you are responding to a u; eui fic RFP, please Im';'tr to 00at. 1 r iTCM oonpntrn rttnSET LU31 W%i L1.%WM 1 ►'DmInISiPAT ION - - Ul aget andSalaries _ _,_.._ _...... 02 Frin a Benefits 162____ .- 03 ravels 04 Supplies !6-5—Postage 06 Communi-cations 07 rinting and "if luction 200 --.--- 400'�_______ 80.0� 3L_03+__ - 08 Other Direct Costs Acct. 09 Contractua Sery ces Indirect --10 Office Rent L 200 qui�ment --IT- Train ncL___--___- lie15 �.--- I Services �14 SUS OPAL �~ VIA GES Work Experience 117,000._..___.._�_ ^ 16 Sery ce Employment 7 SUB -TOTAL FRIHGE BENEFITS 8 Work.Experience 'iiF--l'u6),T—CServTcemploymen= 9120. _. _...__. 9,360 20 =UB-TOTAL TRAINING ' 21 Wages and Salaries 12 728 �_--- 1,273 M 2Z Fringe Benefits 23 Travel _ 24 OuT Contracts 25 instructional Materials _ 26 Tuition 27 Other Costs Rent 800 _ 2SUB-TOTAL 15,201 SL'IVICES 10 CLIENTS 29 Wa es and Salaries 7� 8 31 Meals and Logs—� r 32 Transportatloll �333 Supportive Services It 560..._--.. _ 34 Other Costs Ron 35 SUR-TOTAI - - 13,616 TOTAL 167,195 is "sell r� GRANT' MMUCATICH DVR I ABHABILITI=ON FACIL== Grant Authority$ Legislative Intent Appropriation R i Grant Vxber: LIA 85-2 i i State of Alaska ' Department of Rcation Division of Vocational Rehabilitation CZ5CItId��� People Count, Inc. Name of Facility agrees to comply with the regulations of Title VI of the Civil Rights Act Of 1954 which states: 'No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, orr be denied the benefit of, or be subjected to discrimination under any program activity receiving federal finencial'assistancet' andr with the regulations o! Title V of the Rehabilitation Act of 1973, an amended, which states that: "No otherwise qualified handicapped individual in the United States - - - shall, solelp by reasons of his handicap► be excluded from the participation 'at be denied the benefits of, or be subjected to discrimination under any Program or activity receiving federal financial assistance.' It is the policy of the Alaska Department of Lducation► Division of voctat ional ud ab provide equal educational and employees opp� to provide services and benefits to all applicants and employees without regard to race, color, religion, sex, handicap, or veteran status in accordance with the laws enforced by the Department of Health and Ht> M ServiceWCCR and 090/0010 ' This Includes presidential pcecutive Order 11246 as amended. Title VI of the 1904 Civil Rights Act, TWA IX Of the Education Amu dment of 1972, Rehabilitation Act of 1973, and Title 41, parts 60-1, 60-2, 60-20, and 60-50, also Sections 799A and M of the Aablic Health Secvice Art , to applicable, LE i iM,. CATION t. n" CATION MrM OF ❑ No"CE or mMuT IOMnamu nab a GATE "M ?A CATS susAllssa�tN 091 ❑ wafft rm a. Aa OMM ASSMM r r "..a J" ' Nru 1 /Ma �. LIGAL AFMCA IRECIPIENT a WPl0M 10ENMMATION HUMS III;► s Amemo NAnr Ron Johnson sovwmwoumtNorth Peninsula Recreation Service Area a a a+wro. ew P.O. • Box 7116 P a NUM/ER s 9I 1 6 aah Nikiski •"I' L Soo Alaska * aP Qaea 99635 00" CPS _ umma ❑ %C, -P..mlNfw, Karen Kester kp t r De���opmeiNi A rrwiw NAP an n T. SOP APPLcmrs PROJECT INw wam ivaN to two r PeMa a M wimp dMMW as EM L rIM OP MPUMIT/RECIMIINT aM..e...-QMMM . North Peninsula Park Improvements •� _,!`+ram common P. AM OF PROTECT IWACT Un&9w%FMs moms ma mi ttt /SnMATEO NUMM it. TYP/ OF AOSISTANC/ North Peninsula Recreation Service Area]opP/RaoNs/ ^am�� j Kenai Peninsula Borough -Alaska 100,000 °-'"' I,.,,,,...,► 1 tt PROPOSED PMONG M OONOIIEL3 0NA<01aT1 M11 OPt 14 T1P/ CP AAPPt MMM i 79, 903.0Qa • APPLICANT 1► MIICT ~""" ~""'�' t•.w.�twNA. p MPtV - 0 - .00 01 01 n.ragoPCHUM fA,far•of 1 STATE — 0 — w IL PROJECT START to PROJEDT ~� Q~* ' •Lau 79,903.0% DAM r— —0 dw oua►TION �� to05 TO 11�rrar a OTNEIN — 0 — Na DATE Oun row woo dw r Tod Is 159,AO6.OAo rlolnALAGDW0, is IL PEDIRAL AOENCI TO RICINt MOUNTIIL JWSTIN0 PIDERAL GRANT National Park Service ID/NnMluletoNNMUM/p L CRQWL 10HAL UNIT OF MPIIOPR1ATq t NNIS T I Pai Northwest Rei j IL A083 South King Street, Suite 212 It. Rt��ANtRtADDEo j Seattle, Washington 98104 i e a0 Oat at "V oM a YEE, INISAVA3LAM 0 TO THE STATE THE Gaol IA " paapM"Ift laRUM MM cewi YE OROER fail MIIOCtss POR REVIEW Or! APPUCMT am rA a0 ttwr" MIa d mmffl ho OATS CERTIFIES Oaatt & f UIMogo or N 9awt1101 TNAit► loan of I* aMaaealtl Wd 0 GXMM wlM"weMrsow" � I& NO PMMUisOWNCIOV/IIIO/Vea to" M Mr us7rnoa r tlapwaa M MOORAM "a NOT sum" S/LICT/D oV P,OM MCA ❑ a. a TYPED NAM/ MO Tint /tONA CENTIP" Ron Johnson, Pres. of Board of Dir. of se eta"" North Peninsula Recreation Serv. Area ta. APPNG• few wqa d" S& M*PALAPNJIA=N WJM RL WATION TR's°NeenEo » � If. ACTION TAMM s< Nam raw wwa h 31L lar WA"of ET I�r O a AWARDED ATE• » DAt! is � O a omptMICTED a $ so it. COMACi POR A001TNX" INPORMA. 9b raw wwfa bw O a RETURNED r , TM (N.s. ad n4*00 iwi"M4 DATE Ant/t1DMEM ► MPLlCJ1NT .00 an » � r O a OMPNED MOR „O. tAP�PUCC�WTMISs10N `fix .� !i 11/MARIgA00/0 O aOEPto Al�J1Rm w 00 O L W"WORAWN L TOTAL / JJO ❑ Tw ❑ Na . 9 (10186) [� ))'`� it`'le''of: 'Alaska - 'b''Trai�ning' Par•tpe.rship A rn hiW LI'e�SUMMER YOUT "S MOYMENT TRAININ �.P �� Sub g a,�►tigna,t a Sheet DIV. OF r 1. 3UBGRANT N0. ANCIliORAGE. A!. -.-:'A Region V 'I 2. ISSUED AND ADMINISTERED BY: 3. SUBGRANTEE NAME AND ADDRESS: Dept. ot communfiEv & R64fdnal Affairs P oo a Count Inc. Division ocommunity Develo ment Route Rox 49 E. th Avenue Suite 00 Kenai, Alaska 9 611 Anchoragee.,• AK 99508 .- 4. PROJECT DIRECTOR: Bonnie Stewart PHONE: 283-4099 5. GENERAL INTENT: This subgrant is awarded by the Department of Community and Regional Affairs, Division of Community Development to Peoppl_e_ C; t, Inc. (Subgrantee) from Jobs Training Partnership Act Funds, in full accordance with the general and special provisioner of this agreement. The sub rant consists of this sheet,the detailed s sn, * o AAsurance8 6. ESTIMATED COSTS: This is the announced allotment subject to the availability of Federal funds and does not constitute a State obligation. The total estimated cost to the Division of Community Development of this subgrant activity is $86,161.32, to cover the period of June 11 1985 to August 31. -19R5. t_ 7. OBLIGATION: Funds obligated by the Division of Community Development n or er to procure the activities and services described within the subgrant total $86,161.32 F , subject to all stipulated provisions and requirements for the period of performance Junne�1, 1985 to August 31, 1985 _• 8, APPROVED BY THE SUBGRANTEE: APPROVED 8Y THE DIVISION OF COMMUNITY DEVELOPMENT JAVo&!0 S n tore Da e SOaEture Date �. Jack Brown Lauren K. Bruce Type Name Type Name ---- ------___....... - Executive Director 0 erations ManagerTitle E Title - Funding Code: 21-25-2-775 - $47 993.55 - -2- 6 -$38#167.77 at ppgm= is a oorporatian, the following certificate Shall be executed by the secretary of or assistant secretary.) i certify that I am the secretary of the aocporation named as FACILITY in the attached agreement, that who signed said agreement on behalf of the FACMITr was thawi J�.,--- +==— of said corporations that said agreement par duly signed for and in behalf of said corporatoon by authority of its governing body, and is within the scope of its corporate powers. w 1 (Corporate Seal) Signature) INWnUM WMF, the parties have executed this agmunt. FA STATE OF AUMI .� AA Director �_ Michael C. o, n Jack Brown Division of Vocational (Official Title) Rebabilitation FISGL D1�TA Amount of this agreamt $10Mne:nn 1. a. Kenai Work Program frogs® or Activity State Funds $100.000.00 --- - — -- - - - -- - Federal Funds 0 --- 0. Grant Award State of Alaska Department of Education P.O. Box E 801 W. 10th Street I Juneau. Alaska 99811 1 Vocational Education: Starting Ai Gamma People Count, Inc. PengBusiness in Alaska �a ; Addeess Rt. 1, Box 159 Project Na EKS719801 Kenai, AK 99611 r Amendment No. Total Oran Amt. $45,000 si Authorized Jack-E. Brown, Director RepeaentativePervious avant ConPenon� m same Mendanenc (+ or —) C]Mt Awned pedod= Bqb0 July 1. 1986 Ending June 30, 1987 Conditions: 4 Thb PM Void is for wm w outlined in dw Qseuais sppitosutae► eeapoesse m dw offieeee of 1 86 vantonat l:dnestwn ilsquas for Peopossi or enuwally seed upon wne m maddmuan dead Am webw tow be munadir Weed t. OAyg �m ad ebe pnM ind ddovswmW n below 1 awn of dw ehU4M ohm ptaea 3. &Wbumwt aquas acme be abmitted tot peoeasinf a lease 4UMdl using the 008 "tkeosd end RqM of last L%pendttuW Gam na 16549.176•t7s and 176b. The tone matbe sWed by die sudeoeod eepwueeae. U as J& wwtb dr Dspaetewne of t:dutateM Raimbummens NnU be made -for _ aausl exwAsmss ae16 M �? 4. Swh nimbumm u n*m torte be ammpsnied br WMPMN sup OUIN maansb MUM by C' co -.. �L► aenveeiss stx"lislsd due" ewe tapoeemw p6• I. A fhsl ssde" WA%f Eed�ofshe%W Suemmnl coact be etaeivd ad apptor.d bdon find pw ment is eesda� 6. AS pains bifoemadm sep dieg dds pMen mace wJn wWP *A solace Of lined% 'u - 7. This grant award is subject to all funding reductions by order w � of the Governor. POI -AeyffffiuA4 i LOC: 21300 UNA: 4.1.02.05 Amotim Chaeg d Ptgwt Udger Code 3. t 4. -- -- --- -- - ------ --- ----- - -- 7 1 6 ' ' —� - - - -- KENAI ECONOMIC DEVELOPMENT ENTERPRISES ` Post Office Box 212�_. Kenai, Alaska 99611 (907) 283-9272 June 29, 1987 Mrs. Janet Whelan, City Clerk CITY OF KENAI 210 gidalgo Street Kenai, Alaska 99611 Dear Janet: Per your "Request for Proposals", please find enclosed our intent for the development of a grant writing program for the City of Kenai. Having had extensive experience in the development and preparation of various programs, we feel that our expertise and background would be of vital benefit to the City of Kenai. Should additional information be required, please do not hesitate to contact us. // I Ql ..ndrn V _ i IT r; i PROPOSAL TO - THE - -- -- - CITY OF KrNA I I ° rx 1 1 PROPOSAL UNDERSTANDING-CF_REDUEST FOR -PROPOSAL. It is understood that the City of Kenai wishes to commence a grantsmanship program to supplement general funds in the development of certain services and projects. It is further understood that the City does not wish to use general funds for the promotion or development of such grants. Three terms of tha RFP must be clarified. These area i. Dualified persons. The term is interpreted to mean an entity such as: an individual, an agency, or a business firm. As a business firm of qual-ified persons, Kenai Economic Development Enterprises (KEDE) is the proposer of this program. 2. Work Exclusively an grant applications. This term is interpreted to mean that KEDE would not be -employed by the' -City in any other capacity. Certain grants, both federal and state, require that the grant management be done by the grantee. In such cases it would be anticipated that KEDE would be a contracted service vendor. 3. Work on -a fee basis. Many grants allow for a negotiated grantee overhead to be built into the grant. When this is the :- case there will be no problem --the fee could be built in. Many other grantors, however, will not permit the cost of grant development to be included in the grant. It would be in the best Interest of the City, and KEDE, to apply for such grants if such address the priorities of the City. KEDE proposes that a "seed" fund be established from legitimate overhead revenues to compensate KEDE for agreed to charges against such grants. ' Additionally, inkindmatches by the City could be agreed to; such as office space, secretarial support, data gathering, supplies, telephones related .travel, or the like. SCHEDULE_0F_MANADEMENT FEE5. As indicated by the statements above, it would be self defeating E. to establish a single percentage schedule'for fees to develop A set fee would be extremely lucrative on large grant proposals. grant proposals but very non-profitable on many of the small - grants available -for certain of the City's _priorities. (KEDE has no interest in being an eleemosynary business.) Also, there tends },. to be many bad feelings by participants when it appears the grant fees are too lucrative, or small, regardless of the benefits to both parties. Written agreements an fees prior to application would avoid any misunderstandings. Therefore, KEDE proposes a -- - - -- variable rate of reimbursement be negotiated for each grant proposal determined for submittal not -to exceed the max mum - - -' - - allowable overhead cost allowed by the grantor, or fifteen - -- -- ,-- percent-iwhichever-:s--qreater. -For -grantor-s-not allowing - overhead fee for development, "seed" funds and inkind matching from the City would be negotiated to address the City's priorities and KEDE's fee requirements. J i The enclosed -claw chart (Appendix "A") demonstrates the major steps ?:EDE will follow to determine and develop grant applications. Basically, the City Council will establish I priorities to be addressed through the grantsmanship program. The commissions and committees established by the Council to address the priority areas will be advisory to KEDE. The advisory will be 4 for concept design, project review, and recommendation to the f Council. KEDE will be responsible to research and coordinate the search for funding sources. All grant proposals would be recommended to the Council through the appropriate City office. No grant proposal would be made without Council approval. In this way, all details of the proposal would be worked out as to fee rates, management __- requirem:nts, liability, and so forth. The grant writing program steps are cyclic and will be reviewed continually as the grant i proposal davelopment progresses. The enclosed Grant Development Model (Appendix "B") indicates the major step by step activities in the selection of request for 1 _ proposals for proposal development. Note that the authority for determination and approval rests with the City Council and City offices. The model is a road map and the more signs it has the easier it will be to follow. 1 The activity flow chart and model do not determine needs, find resources, or write grants. These are proven tools, which, when placed in experienced hands, will result in successful funding. The principals of VSDE have extensive experience in developing grantsmanship programs, writing grants, and in getting projects funded through the political process. The principals have } extensive contacts in local, Borough, State, and Federal agencies and organizations. The qualifications of the principals are listed under resumes. L cr C.'n 2 in in 14. M rTHb 4 a ;- 0 11h N 0h M IV tJ I' �.M ;j or W N Ul 0% r v 0 to N go Ph am �v too$ 0 ", CA 'ran fo I n 1, Li L L so M to 0 c z I v A n 0 w OMO 0 U) M M iD 10) V n 0 l L z 14 i A4rv— 0 W 9 10Tl Q pin o. t.-4 to • HA ra 0 n Cl 0 GRANT DEVELOPMENT MODEL i Charters APPENDIX "B" Group Formed2 CapabiIit/2a Priorities/3 Develop neat Criteria Instituti nal Phrase Adminfstrative4 i to Base Dank Review Technical Assistance Plan forte PR plan to to Writers Scan parties _ 1 Include names timelines Develop Implementb Resource • Scan Files Permission rom7 Council 7a E:, i t No - - 7b Yes - -ondi ti ons too Met `( passive active ' •+ 0 ortunit Recognized pP Y Pursue:, t �enIsus Cons of 9 Consensus of 33 - .. All Parties s 9a 33a 3, l Est i t No :: i t3?b-Noe- ----�► ti ons Y s Yes Obtain RFP1O Strategy34 j: Developed DocumentII Fe sibility35 �; Cover—_ Opportunity . Sheet ( Concept36 Ila Developed -.-- - i Note Enough Info? 36a � <i ;. ' cn Cover No --Yes ollect12 No- 36bYes Don't (Pursue of o 13 . ompare withs a. priorities F.:7----. - ---- -- -, b. criteria - c. probability ,.---=-.-- --_�__ - -- - -- d-.- 1-evel--of-effart --to-- -- obtain e. Department comment .:1 4 U7 J Who Makes \[3ay /14 Decision? 'o Co End 15 - No/ Yes 16 Internal Contract Who*s doing to make sure it happens? 17 Assign Development Team a. who b. specs. c. timeline Key Canceptsie Selected Team Writes 9 First Checkzv - - 2-3 weeks before deadline -21 22 Peer ntent Budget/Staffin§ 21a 22a Rvie F 'w Semifinal Document23 Second Check24 *Department Heads *Project Director *Business Office MaJor25 t1i nor26 Re is aion Revision Final Docum nt27 Prepared Signatures and2t3 Mail Contract/Imolement29 L i� B RESUME f or Lester T. VIERRA Address: 1805 Watergate Way Kenai, AK 99611 (947)2e3-9168 F Education: Doctor of Education, Educational Administration, University of Idaho, Moscow, Idaho, 1973. Experience: 1981- Present, President of Kenai Peninsula Community College, Soldatna,-Alaska. Developed, implemented, and now supervise a grants development program in excess of one million dollars. Grant sources include Federal, State, and private funds --all requiring a different application, funding, and monitoring process. The Grant Development Model was in place prior to the drop in State revenues. 1979--1981, Dean of Students, Clark College, Vancouver, Washington. Assisted in establishing and implementing a grants development program and foundation now worth in excess of ten million dollars. 1973-1979, Vice President, Yakima Valley College, Yakima, Washington. Established, implemented, and supervised a grants development office, foundation, and alumni program. The related programs now operate with assets in excess of fifteen million dollars. 1973, as a doctoral candidate, researched, developed, and implemented a grant development and writing course for the University of Idaho, School of Education. The course is now a formal part of the education administration. Experience has demonstrated that grantsmanship follows the same process and requires the same skills -whether making proposals to governmental agencies or private foundGtions. Additionally, successful grant awards have been received from other than education agencies. J1 Such as: Community Affairs, Commerce, Transportation, and Safety. Membership: Kenai City Airport Commission - Kenai Chamber of Commerce Board, Economic Development - - -Commi ttee -Chrai r - - - - ';. Kenai Peninsula Borough Resource Development " Commission National Council on Resource Development =.i Soidotna Rotary Club �� i R E S U M E FOR JAMES E. CARTER, SR. ADDRESS: Post Office Box 212 Kenai, Alaska 99611 (907) 283-9272 �1 EXPERIENCE: 1978 to Present: More or leas semi -retired. Involved in a few business ventures since retiring. However, activities mainly consist of serving on committees and boards both local and state-wide as fits my experience and background. Of most recent times involvement has been in a "think tank" atmosphere associated with resource development and the economic impact. 1972-1978: Executive Management, Alaska Region, Federal Aviation, Administration. Administered a wide variety of programs involving a great number of people and millions of dollars of government funds in — carrying out the mission of the FAA in Alaska. As in all large organi- nations, goals, objectives, short and long-range planning, justification, effective communications and presentations to key decisionplayers both in and outside of government were essential.ingredients for a success- ful mission. (Other varied FAA management and operational experience 1946 - 1972.) 1959 - 1973: Quasi -Military. Commander, Alaska Wing, Civil Air Patrol. Organized and administered through a resource of approxi- mately 1,000 volunteers including 225 pilot/aircraft in 27 communities in an all -Alaska effective -search and rescue effort. Because of the volunteer nature of the organization, funding and additional equip - went was required and was obtained through an enthusiastic lobbying _ effort with State Department Heads, Governor, Legislature, Congressional offices and a number of Federal agencies. Facilities have been built, y aircraft purchased, volunteers trained and the CAP in Alaska is the s most versatile and responsive of all such organizations Country -wide. MEMBERSHIP: Resource Development Committee, City of Kenai r President, Kenai Chamber of Commerce - 1987 Pioneers of Alaska - Kenai and Anchorage Igloos National Association - Retired Federal Employees Elks Club J-4 - - (��iEi��ii•►r,:DU[Vi State of -y - - j Ta L. Sharroek, Director oATE June 23, 1987 � ` �' Patrick Thru: V. R. Roche FILE Nos Enforcement Supervisor TELEPFI0NEN0: FROM: Betty Calhoon SUBJECT: Request for temporary approval Records b Licensing Supervisor of application for transfer of ti�19Z0�1 holder of Beverage Dispensary N/N! liquor license fromAase Alaska, ' •• �, ey, Inc., Donald M. Aase v. t0 c ng as a, nc. �, v d/b/s. or • o?<.. o'' -city of Kenai (pity or other) �9�bE��•��'vu Temporary License No. 87•_ 2237 - Under delegation of authority granted to the director by the board at its ._ meeting of June 23, 19839 and under AS O4,06.080 and 15 AAC 104.135. I vs — quest temporary approval of the above application. All statutory require- ments have been fulfilled, there is no "protest" under AS O4.21.4809 and no objections under AS O4.11.470 have been received. JAJU�• �o .�3 LicensCONCURS i a 1 . eeement 8u sor • . • Date v i • . ' _ alrec r - . • ate Temporary approval issued: June 23, 19871 - - - Final approval by the boards a Upon approval: original - licensee s's Copy - license file ' -------- Pi.EASE POST THIS- t=o IN LIEt1 OF. LICENSE UNTIL FINAL APPROVAL of TBE- BOARD _--_-- ___-- AiBR WHICH LICENSE HILL BE !SAILED. cc: Governing body - City of Kenai t � J ... tr OIL ti j, Walters & Olson, Inc. BOX 70 insurance Kenai, Ak.99611 130 S. WiIIOW St. Telex X-25�249 ' ,! u ly 1. 1987 907-283.5116 Mr. Charles A. Brown Finance Director City of Kenai 210 Fidalgo Ave. Kenai, Alaska 99611 Dear Charlie: We are pleased to confirm that all 7/01/87 City of Kenai policies have been renewed. On a majority of the policies significant rate reductions were negotiated. A detailed ;or of coverages will follow by separate cover in time for the July 15th City Council meeting. A brief breakdown of your renewal is as follows: MUNICIPAL PACKAGE POLICY For the period 7/01/86 to 7/01/87 the total premium for your commercial auto, property, and general liability coverages totalled $193,958. The renewal premium is $165,286. which represents a savings of $28,672. However, the renewal policy includes all risk property coverage on the FAA Flight Service building ($1,350,000.), Kenai Municipal Dock ($1.100,000.) t and Kenai Municipal Dock Rest Moom Facility ($80.000.). The additional premium for your liability exposures at the Kenai Dock is also included fin that aeount. The renewal premium represents a savings of 15% over last year, but if the dock facility and FAA Flight Service were excluded the savings would be approximately 38%. EXCESS LIABILITY The premium for your excess liability policy for 7/01/86 to 7/01/87 was $48.000. This policy renewed at $40,000. for a savings of $8,000. (20%)• AIRPORT OWNERS 6 OPERATORS LIABILITY POLICY The premiums for your primary and excess airport policies for the period 1/01186 to 7101187 tota-iled $58,381.--The-renewals-- totalled $51,511. for a savings of $6.870. (12%). I PUBLIC OFFICIALS LIABILITY For the period 7/O1/86 to 7/01/87 the premium on the City of Kenai Public Official Liability policy was $25,755. This policy will renew at the same premium. WORKERS' COMPENSATION '! A breakdown of your workers' compensation premium has previously been forwarded. 1 Thank you again for the opportunity to work with the City of Kenai on their insurance program. Please let me know if the City Council would like for me to attend the meeting on July 15th and review the new policies. _.. .. -� Since_r`ely, Kurt E. Olson � KEO/ay L is )p In m 17-P7 �., 00 ARA—W 4�-V, 4/ojl&� aj ve age e-6 to a"—Icz� ... _ A - -- --- - - � - .... __.� .. __. -- ._ ._. - ..... _ _.. .. � ,,�M�O � � 1 .� AGENDA i WASTE DISPOSAL COMMISSION FETING JULY 1, 1987 7:30 PM UPSTAIRS COFFEE ROOM �GHjn, 1. Convene/Roll Call M 2. Acceptance of Minutes 3. Agenda - approval and/or changes _ 4. Public Comments (30 minutes maximum)- anyone wishing to speak -- - publicly on waste disposal concerns and issues. -;; 5. Public Hearing Item(s) - None 6. Guest Speakers Mr. Jim Sweeney, Municipality of Anchorage regarding Hazardous Waste Management Plan 7. Old Business (Public Comments 2 minutes per person each item) 1. Joint Task Force (update on meeting held at 100 7/1/87) 2. Sterling Special Waste Site status report. . - 8. New Business (Public Comments are limited to 2 minutes) -. (these are not public hearing items) A. ARCO Alaska, Inc. Beluga River Unit Sanitary Landfill Re -Application (status report by Kevin Fenner, ' I ' Planning Director) ' B. Introduction of Items) by Commission Members C. Introduction of Items) by Staff D. Introduction of items too late for packet 9. Correspondence - approval and receipt 10. Set next meeting date and agenda 11. Commission comments 1-_. _- Adiourn_ _ ***JOINT TASK FORCE WILL MELT AT 1s30 P.M. IN CLERK'S CONFERENCE ROOM*** n4 i ;Y RE .= /V,F-0 - y rr' STATE OF ALASKA THE LEGISLATURE .v c-S�L`��So G�,�' LMiaatwa Resolve No. HCR 21 20 0 _.... 0 i Relating to use of Alaska products and services. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: aWHEREAS the state needs to develop and maintain a strong. • stable, and prosperous economic bases and 3; WHEREAS the use of products manufactured, grown. or produced is Alaska aerangthene, stsb$11tes. and diversities the state'• economy• and ?. WHEREAS all residents of the state can play a vital role in the state s economy by purchasing and using state goods and services• and " 3 WHEREAS individuals, businesses. and governmental agencies too frequently purchase and use out-of-state products and set - vice@, which reduces the number of jobs available for state residents and weakens the economy of the states and WHEREAS. if more Alaska products and services provided by Alaska residents were used by governmental and private entities in the state. more jobs would be created and retained in the states and WHEREAS the bid documents for public and privet* contracts frequently do not specify the use of available Alaska products, comparable out-of-state goods are puichased instead. and these urchases result in a loos of r OMA for the state and weaken - : state•@ economic bases the and - - edtoout-of-state dpublic tuetatreietfarfllyawarded firmlhoghsersdnseu capable of providing the same services at comparable prices • and i �I bwAt L i� ti WHEREAS Alaska suppliers, manufacturerso and providate of services are more accessible and responsive to the needs of the etate's business Community than their out-of'etate Countorp@rtei eE IT RESOLVED that the Alaska State Legislature rs@poct- fully requests the Governor to examine the purchasing practices of the executive branch saynd ensure tbat Me e8xecutive branch thoose andwuse of Alaska producrequirements s and eiiaicase and be i the pus - FURTHER RESOLVED that the Alaska State Legislature respect- fully To usste the judicial branch, the University of Alaska, and the Alaska Railroad Corporation po examine their purchasing psaatiaes to daeermine if they comply with all applicable stat- utory requirements dsalins with th� purchase and use of Alaska products and services$ and be it FURTHER RESOLVED that the Alaska State Legislature urge$ all state residents, businesses. eivio organisation@ muntuipalieiae, school districts, and other public. quasi -Pub to, and private entities to buy and use Alaska products and services. COpiES of this resolution @hall be sent to the Chief Justice of the Su come Court of the state! the President of the Univer- sity of Alaska the commiesioner of each department of the execu- tive branch o� the $total the mayor of each mnniC!pality of the state, the superintendent of each school district in the $total and to the chair of the board of directors of the Alaska Railroad Corporation. • l � I � I! � f J �NF� KENAI PENINSULA BOROUGH REGULAR, ASSEMBLY MEETING JUNE 16, 19879 7130 P.M BOROUGH ADMINISTRATION LVGi/J�/ SOLDOTNA, ALAS h �+� • •. - A G E N D V�j2 � , Assembly car A. r �. 1 T (Care CALL TO ORDER p� k�. 'iS, Crawlord S. PLEDGE OP ALLEGIANCE �`1` '� ,40�' Glick C. LNVOCATIONI Rev. grad Snyder, CCHM, 9Z dtl ep,+�L�' KeaJohne 5Z ti.. v D. McGshan ROLL CALL Moore • E. VACANCY. DESIGNATION OR SEATING OF ASSEMBLYMEMSERS Nash n F. APPROVAL OV MINUTES, June 2. 1987 O'Connell Phillips , G. COMMITTEE REPORTS Skogstad Seva11 (a) Finance (Crawford, Carey. O'Connell, Nash, Hall! Moore. Johnson) (b) Lands/Resource$ (Skogstad. Johnson. NCGaban. Mullen. O'Connell) (a) Legislative/Policies (Glick. Phillips, Carey, Cravford) (d) Local Affairs (Moore. Phillipe. Mullen. Valli, o) (e) Public Works/Education (McLane, Skogatsd, Valli, W MCGahan, Keene) (1) Data Processing Loohnson) H. MOTIONS TO RECONSIDER 1. AGENDA APPROVAL AND CONSENT AGENDA J. ORDINANCE HEARINGS (a) OrosdipeasatSon"Amending 4.060 Pertaining to the Borough Mayor(MC&no) (b) Ord. 87-70 "Accepting and Appropriating a Grant from _•e gta,e of&laeba to Prepare and Urban Forestry L 1 t L. CONSIDERATION OF RESOLUTIONS (a) Res. 87-52 "Providing for Executive and Administrative n wry esignments for Certain -Borough Staff Exempt from the Collective Bargaining Agreement (Mayor) M. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) not for action this meeting.) (a) Ord. 87-28 "Amending VB 2.08.084 to Clarify the Procedure for Introduction of Ordinances and Removal of Items from the Agenda" (Nash) TO BE SET FOR 7/1 ' (b) Ord. 87-29 "Establishing Procurement and Purchasing Procedures for the Kenai Peninsula Borough" (Mayor) NEARING 7/21 (c) Ord. 86-85 "Promoting the Furtherance of Local Hires Providing Certain Protections for Subcontractores Reducing School Construction Costal and Providing for a Construction Ombudsman" (Nash) POSTPONED INDEFINITELY N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE NEETINO AGENDA 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA P. MAYOR'S REPORT Q. OTHER BUSINESS �- R. ASSEMBLY AND MAYOR'S COMMENTS . S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND ADJOURNMENT (July 7, 1987) CITY OF KENAI Vd etzpaa of 4"" � Z10FIOAIAO KEN0,ALMU "01 TH"MON1263- a8 June 25, 1987 MEMORANDUM T0: Kenai City CouncilrO FROM: Dana Gerstlauer, Administrative Assistant RE: Land Sales/Subordination At the June 17, 1987 Council meeting, I was asked to provide you with a list of land sales in which the City of Kenai is in second (or worse) position as to the order of the deeds of trust on the property. Attached to this memorandum is the requested list. As you will see on the list, in most cases the City of Kenai's deed of trust is in third position, with a couple of exceptions where we are in second position. One additional sale is not included on the list, the sale to Kenny Carver Drilling, where our deed is in first position, but there were, at the time of sale, several federal and state tax liana on the property. It is likely that these liens have been cleared by now as the sale took place in 1981 and they were small liens. I am mentioning it now only for your information. /dg Attachment w r A 11 `I }1 1 , 1 t 1 rr•w�- � �r — — r.y 2nn a n no rta N •.3' N C� nnol s. I N LA NO r• o �D w o rN "" wan i co rt 4 Sww- 3 O A r• rt - a quggMplMM ` 000".400 oPou`ow o N H ewr� M�► C� �. ao 0 at r r r al 11 � M•rwpp ID C S$M10 Mw00 NO"WO*w { O M 1�0OY100y C I a N O O w W 0 0 O M } � • fD In ������ m Mr w 10. j N (�D r fD Cr q y S J � iii o a g N !7 � E' O 0 art A 810001�WM0"1 OS88WAPPO •- - j+• p) qw W N p N Wa �rj ------ a 0 «g$e;-0«o00 Lr, $000000 88o$o$S w go 89� :3u� rj 0 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES JUNE 2, 19871 700 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA -AGENDA- PA e No - A. CALL TO ORDER A% B. PLEDGE OF ALLEGIANCE C. UA INVOCATION: Assemblymembe r David Carey D. ROLL CALL E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES, BOE 5-5. 5-12. 5-13, 5-14 REG. 5-19-87 G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, O'Connell. Nash, Moore, Johnson) (b) Lands/Resources (Skogstad, Johnson. McGahan. Mullen, O'Connell) (c) Legislative/Policies (Glick, Phillips, Carey. Crawford) e, Phillips, Mullen, (d) Local Affairs (Moor Walli, Hodgine) (e) Public Works/Education (McLane. Skogetad, Walli. McGahao, Keene) Data Processing (Johnson) R. MOTIONS TO RECONSIDER (a) Vacate Portion of Unnamed ROW East of Lots 75, 76, 771 West of Lots 50. Subd., section 27. Township I North, Range I West, Seward Meridian, Alaska I Recon. Approved 5/19 with Reconsideration failed I. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 87-49 "Approving the Award of a Contract to 2 DAmount of �49,900 Adptd -47E-Vo—nstructiou in a 0Jay Fields at the NOW Hope Ur.3.n, Of P for th on trur Elementary school" (Mayor) (b) Ord. 87-29 "Establishing Procurement and Purchasing HRG procedures for the Kenai Peninsula Borough" (Mayor) 2 INTRODUCTION 7/21 (c) Ord. 87-30 "Accepting and Appropriating a Grant from 2 -e-ffa fb -Te—of Alaska to Prepare and Urban Forestry 6/1HRG Plan" (Mayor) INTRODUCTION 6 J. ORDINANCE HEARINGS (a) Ord. 87-22 "Approgiating funds for the Borough 2 --T= Pead T Year 1 87-88" (Mayor) or sca 6/1 (b) Ord. 81-23 "Making Appropriations to the Service Xr-e-ale-135—tlhe Borough for Fiscal Year 1987-68" (Mayor) Nt Addrs (c) Res. I "setting the Rate of Levy for Real and Not Taxes for he Kenai Peninsula Addre 'rt t Borough and for Service Areas Within the Borough for the Tax Year 1987" (mayor) (d) Ord. 87-26 "An Ordinance of the Kenai Peninsula Not Addrs oroug laska, Providing for the Issuance of Obligation Bonds of the Borough in the Not Exceed Aggregate Principal Amount of -to 0 _1 Page No. $150,000,000 to Provide Funds Required to Refund Certain Outstanding General Obligation Bonds of the Borough, Fixing Certain Details of Such Bonds and Authorizing Their Sale. This Ordinance Will Be Adopted Only Upon State Legislative Approval of Bond Refunding" (Mayor) (1) Res. 87-51 "Relating to the Issuance and Sale o£ Not V6�"dQ0 of 1987 General Obligation Refunding Bonds Addre Authorized by Ordinance No. 87-261 Fixing the Date, theRedemption of Certain OutstaSaid oding Bondsaofgthefor Boroughs and Providing for Bond Underwriter (Mayor) K. INTRODUCTION OF ORDINANCES (a) Ord. 87-28 "Amending KPB 2.08.084 to Clarify the Not Procedure for Introduction of Ordinances and Removal Addre of Items from the Agenda" (Nash) L. CONSIDERATION OF RESOLUTIONS (a) Res. 87-48 "increasing the Sterling Special Waste Not Site closure Budget in the Amount of 1269,319.46 by Addre Transferring Monies from Various Solid Waste Capital Accounts" (Mayor) Postponed from 5/19 M. PENDING LEGISLATION (time asenotedssnotgforaaction this meeting addressed at a later (c) Ord.iAfdteB4pcin) to Cma satonorhoroughMayor(MLae HEARING 6/16 (d) Ord. 86-85 "Promoting the Furtherance of Local Hires Providing Certain Protections for Subcontractorsi Reducing School Construction Costs$ and Providing for a Construction Ombudsman" (Nash) POSTPONED INDEFINITELY N. FORMAL O LPPRESENTTATAGENDA WITH PRIOR NOTICE UPON SUBJECTS NOT ON ' 0. PUBLICNCOON49UTTSIN AND PUBLIC SPRESENTATIONS UPON MATTERS NOT ED CONTAI YAGENDA P. MAYOR'S REPORT (a) dadlearpp replacement at Jr. Nigh anSewrdEmentry,BidTabuton Q. OTHER BUSINESS R. ASSEMBLY AND MAYOR'S COMMENTS S. INFORMATIONAL MATERIALS AND REPORTS (a) Reaocortionment Committee Report MEETING AND ADJOURNMENT (Special June 11, 1967) ,u. " KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES JUKE 2, 19871 7:30 P.M. i BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER Pros. Sewall called the meeting to order at approximately 7:30 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Assemblymember David Carey. D. ROLL CALL I PRESENTS Assemblymembers Carey, Crawford, Glick, Hodgins, Johnson, McGahan. McLane, Moore, Mullen, Nash, Phillips, Sewall, Skogetad, Wallis Mayor Thompson, Admn. Aest. Best; Finance Director Barton, Comptroller Kinney Treasurer Semmenst _ Assessor Thomas: Deputy Attorney Reeves; Clerk Brindley EXCUSED: Assemblymember Keene E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS i F. APPROVAL OF MINUTES: BOE 5-5. 5-12, 5-13, 5-14. REG. 5-19-67 The minutes were approved as corrected. - G. COMMITTEE REPORTS (a) Finance (Crawford. Carey, O'Connell, Nash, Moore. Johnson) (b) Lands/Resources (Skogetad, Johnson, McGahan, Mullen. O'Connell) Chairman Skogetad advised the committee discussed the upcoming public Community Hail hearing on June 9th, 7 p.m, at the Cooper Lending Kenai River Comp Plan and development of the coastal regarding the 4 management plan. The draft proposal by the Cooper Landing Advisory Planning Committee will be available at the post office and and prior to the meeting. (c) Legislative/Policies (Glick, Phillips, Carey, i Crawford) (d) Local Affairs (Moore. Phillips, Mullen. Walli, Hodgins) Public Works/Education (McLane, Skogetad, Walli, . (a) McGahan, Keene) . (f) Data Processing (Johnson) H. MOTIONS TO RECONSIDER ' (a) Vacate Portion of Unnamed ROW East of Lots 75. 76, 77s 4 West of Lots 50. 51. Folz Subd. Section 27, Township 1 Meridian, Alaska North, Range 1 West. Seward ' L ASSEMBLYMEMBER MC GAHAN MOVED TO RECONSIDER ACTION ON THE VACATION OF " THE UNNAMED ROW EAST OF LOTS 75. 76, 771 WEST OF LOTS 50. 51. FOLZ SUBD., S27, TIN, R1W, S.M.. ALASKA. Mrs. McGahan stated after her experience on various boards and �4. commissions dealing with waterways, it was not in the best interest of the borough and set a poor precedent in vacating right -of -wa s. She noted the Dept. of Fish and Game recommended against vacation because of potential future public access. Additionally. the department -indicated chum. pink and-cohoe, salmon_ are, present in this " adjacent creek. r- Ei J i� KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 2. 1987 -- - Assembly President Sewall passed the gavel to Assemblymember Glick in order to state his opposition. Assemblymember Sewall advised he'd looked the area over and didn't believe Fish and Game had examined the so-called creek as it was little more than a debris -filled ditch. He said there was absolutely no recreational value and a public right-of-way exists at the bridge fish in the creek. a few yards away. He said there were no spawning THE MC GAHAN MOTION TO RECONSIDER THE VACATION FAILED ON A VOTE OF 5 YES, 10 N0s NOc Nash, Mullen, Crawford, Moore. Carey, Glick, Sewall, Skogetad, Hodgins and McLane YES. Phillips, Walli, McGahan, O'Connell, and Johnson 1. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 87-49 "Approving the Award of a Contract to onetruction in the Amount of $49 900 _ - or the construction of Play Fields at a ew ope Elementary School" (Mayor) -- -- - (b) Ord. 87-29 "Establishing Procurement and Purchasing (Mayor) rocs ores for the Kenai Peninsula Borough" INTRODUCTION AND HEARING JULY 21, 1987 Local Affairs Committee Chairman Moore stated the committee recommended a July 21st hearing date and consideration of holding a workshop with service area boards. Service areas indicated they have the legislation and have not fully reviewed it. some problems with (c) Ord. 87-30 "Accepting and Appropriating a Grant from Plan" t e a e of Alaska to Prepare an Urban Forestry HEARING JUNE 16. 1987 (Mayor) INTRODUCTION AND • received and sa shorterned hearing dated would allow state the borough as been proceed. Per request by Assemblymember Glick, Resolutions 67-50 and 87-51 ware added to the agenda. Pros. Sewalr*osked if there were public comment and these was none. - J The consent agenda was approved as shown by unanimous consent. J, ORDINANCE HEARINGS } (a) Ord. 87-22 "Approppriating Funds for the Borough orFiscalYeas 1987-88" (Mayor) + ASSEMBLYMEMSER CAREY MOVED ENACTMENT OF ORD. 87-22. Local Affairs Chairman Moore said the committee considered approval of the job descriptions contained in the budget with representatives adopt as of the K.P.E.A. and A.P.E.A. The committee recommanded presented by administration. - Public hearing was opened. y�1 Tareas NoelYY... Soidotna, opposed elimination of extracurricular - - all v es.—lola. Neely atthe character building aspects of extracurricular activities such as coping with stress, dealing with success and failure, higher career aspirations, leadership. self-confidence. poseistence, time management# stress managemento Ielf-respect, cooperation. and motivation. Per conversations with parents. she was advised students would be removed from the district to districts where activities are available. She pointed • and sent out a memo the Northwest Association Standards for Accreditation. 4�- The standards incorporate opportunity to participate in activities ,: -, ..;- ----- --- such as- journalism-, music, speech and athletics.-. - C J C t KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 2, 1987 Ed Garnett, Funny -River Road, opposed any addition to the school at ct udget, representing the Taxpayers Association of Alaska. He noted the process of the appropriation from first introduction and stated the increase did not appear on the agenda. He questioned if the $2.4 million being proposed were added would anything be returned if $10 million in foundation funds were received. He doubted the Board would jeopardize accreditation by eliminating extracurricular activities, particularly as administration had a proposal which they did not accept. Charles Cranston, Route 2, Soldotna. urged the passage of the amendment to a funds for the purpose of extracurricular activity costs, He observed the community is being torn apart, the spirit of the business community and the young people have been divestated. A fine school system once destroyed takes years to rebuild. He noted the inclination to leave the community when programs are withdrawn. He asked the Assembly not to ignore the responsibility to further the ecnool's funding. Emilie Grimes, Soldotna, stated if additional monies become available rom t e state she would like to see them go to the schools, but local taxpayers could not take on a heavier tax burden. Charm McElree, Soldotna, read a letter written by her husband who cou not attend which supported the additional funding. He applauded the school board and assembly for their hard work and addressed the need for extracurricular activities as part of the total educational experience. Kevan Nye, Soldotna, stated as a teacher at Soldotna High School. he recogn zed cultural reflections of the schools. The schools are an important part of the culture and urged support for them. Peter Cannava, Soldotna, stated it seemed the school appropriation is used in a punitive fashion. Legitimate complaints can be voiced by both the school board and the assembly. but the students are pawns. He suggested the assembly sit down with the board and exercise their . , right to state opinions and views. Sharon Moock. Soldotna. noted the months of turmoil over the budget and the question of state funding is still unanswered. She stated those who have attended meetings during this time are not a special interest group but taxpayers whose advice must be listened to. Tom Schoderr• Homer, addressed the need of senior citizen group lundIng and was not sure of the criteria used. He ferlt those groups which could produce the most with the least money should receive a higher share to encourage frugality. Bud Yocom. stated his support for additional funding as a student of o8'TdoEea liisth School who has taken advantage of most of the extracur- ricular activities offered. He stated it would be a great mistake to cut them as they are the beet incentive for students to keep their grades up. Scholarships are important in future education and athletice are crucial to these. He reported the morale in the schools is very low and urged a positive vote on the amendment, John Fairchild, Kenai. reported his children's participation in ex racurr cu.av activities as a source of encouragement for students to keep their grades up. He felt there were many places to save money but the children are the best investment to be made. Velma Ell eon. Homer, reported she is involved in a growth industry as pro ec rector of Homer Senior Citizens. With a 17Z increase in population in Homer and she asked for additional funds for their program. She reported it costs $4,Ste8B per month to keep a person in the Pioneer Home and ways to exnd the time a person can live independently in their home are being pursued. With cuts proposed by the borough and state they will be forced to reduce meals being served. -3- IN KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 2, 1987 - - Mike Oberts, Sterling, stated the appropriation -proposed for extra- He cur% cu ar activities should have stayed with the school board. referred to past school costs compared to the present and urged the I previous appropriation be maintained. o le, Kenai, resident since 1936, recalled the volunteer Waldo Coyle I support or extracultural activities that used to be utilized rather than the costly program of the present. He referred to requests last year not to commit to 5 new schools and worst predictions have come true. He supported basic education first. f Ruby C2Xle Kenai, stated her support for good education to enable for themselves. She young people to be good citizens and rovide stated the had never had to ask anyone fpor anything, so the education she received was adequate. She urged priorities be for basic education and lose debt. John Daunnin Anchor Point, read a portion of the Constitution of �e to e opwhich states "The legislature shall by general law establish and maintain a system of public schools open to all children of the state." Asalah Bates, Homer, stated he had not had much formal education but 'aa eon blessed with a homestead and several other pieces of -- - --- Property but could not earn enough to pay property taxes. Her reported his homestead and another parcel are on the markets hie home it the will be exempt this year as he is 66 years of age. He stated teachers would settle their case with the board so funds would be available for activities, he would donate his permanent fund check if all the students who wish to have the activities would donate theirs as well. He felt the assembly had been doing a good job. a� 0�1�g, Soldotna Parent Advisory Cmte. President, noted the MGwen re uctione-in the school budget both prior to and after submission to the assembly. She reported having worked on the task force, the cute have passed the fat portion and are now to the heart of the schools. _ ,. She did not want the students coming up to be deprived opportunities x • for further education at quality universities. Zed& Priederadorff. Soldotna, stated her position as teaches and Taxpayer, a resse the teacher -student ratio, reporting with present cuts there would be classrooms with over 30 students. She noted participation in sports is an integral part of education. She urged additional funds be made available for the schools. Sharron Sorts, Kenai. spoke in support of additional funding of the ec oo e, noting the importance of extracurricular activities, ?.; particularly drama and music which could not be self-supporting. Steve Johnston, Soldotna, stated his concern for the school district { as a peacher, parent and taxpayer. He noted over 86 million had been cut from the budget and some were worthwhile cuts, but others bad hurt, particularly extracurricular activities which make up only 1/96th of the budget. Se our Milis, Sterling, stated there had been much waste in the i ell ae ro rams and this hearing should not ec oo cons ruct on as a p g have been required. John Cook, Sterling, stated the appropriation was unnecessary sa the community would see that the kids got their sports but it should be through volunteer, cooperative effort, without frills. I Chuck Robinson, Soldotna, spoke as a parent of the division in the i community ana possZoLe destruction of the fine educational program through excessive budget cuts. Long winters are relieved by school performances and a good school program is beneficial to the whole community. Jerry Anderson, Homer, noted the school budget is an emotional matter but repercueeione from the cuts have been exaggerated. He reported his daughter (11)- has been trained in a variety of practical skills without benefit of extracurricular activities. He stressed the need -- - - -- 4- • K£NAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 2. 19g7 - to teach thrift, prudence. living within means, compassion and consumed. He spoke against refinanc- production of more than what's ing of the bonds and impacting the coming generation of taxpayers. �y e Rod Cason, Nikiski, reported he moved to the area because of the v of life and education that was available for his children. L .aI quaqT He believed every phase of a child's education was critical and therein was the future of Kenai. + Carla Anderson, Soldotna, spoke as the mother of an '87 graduate who a recelved several scholarships not possible without the good f educational program in place. She also spoke as a professional who always asks what extracurricular sees troubled children and activities they are involved in. Such activities develop socializa- felt the tion and self esteem that basic education does note she serious social problems that would result from the severe cut would cost immense amounts of money to correct. j Susie Franklin, Soldotna, recalled going to school with several mem�era at tie assembly and watching their involvement in sports and for colleges of choice. She urged additional subsequent ppdeparture ratio monandeybe riated o alleviateproblems aogractivities lincureof d. equal - she/teacher lack that been wanted educational opportunities for her daughter and questioned the number of recreational vehicles and trips outside that had been purchased by people now stating they can't afford quality schools. Jimmie Ricks, Kenai. spoke to the value of living in Alaska and against burdening future taxpayers with bond debt. He felt teacher assistants were unnecessary and compared to outside benefits were excessive. Dawn C bell, Moose Pass, spoke to the proposal to close the Moose the need for children to attend school in their own ass sc oo and weather as ol be community,47 signaures on a petition requesting the schokept open. • Shher!!ones. Kenai, stated the issue is dollars and you pay what you canna oYd�. She reported as a single parent supporting 3 teenagers were extracurricular activities, would not who, whether or not there be running the streets, although she fully supported sports activities. She did not vote for the new schools but the majority did and the reality was that teacher salaries would have to be cut. Doii Christl. Kasilof. spoke for reduction of teacher salaries better education under the territorial system then one had a children receivetoday.does not mean additional not be qualitynand the nAmust inci ased, 1 Barbara Waters. Kenai, noted the emotional nature of the subject and to the school board. She suggested some activities stu en.s spec 3. young people could be involved in that cost nothingg. Children need She urged the assembly leave to learn to live within their means. the matter with the school board. IKistler, K-Beach Rd., spoke against teacher wages 32% higher AJohn ose outside. James- A. McKinney, Kenai, questioned how the assembly could transfer He believed the teachers on the assembly had money It doeo no nova. a conflict of interest. (Rev.) Nik Navarre, Kenai, valued the education received in the "ex a misnomer because of its impor- area, MLIOVIng ra"curricular tance. He was concerned about student/teacher ratios, especially at the elementary level. He stated it was easy to increase a budget but difficult to cut, especially all at once because of so many built-in costs. What might be saved now might be exceeded by costs due to social impact of withdrawal of programs. He reported speakingg with service_ and- a was Gov. cowwp-or Fri -day ay29) -concerning school -debt- that the Slog million will be maintained cautiously optimistic providing additional dollars to the district that could be spent on - -- - - - education: - - - - - - - - - -- - -- - - �- -- -- -- -- - — A r� ;S ..a KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 2, 1987 Brad Cason, Nikiski, believed as a freshman at KCHS, extracurricular " activities had played a major role in developing values, self He last year 6 confidence and ability to work with others. reported the boys on the basketball team were the only non-drinkers at a party he attended. Prea. Sewall noted assembly members wished to ask Rep. Navarre a few questions. Mr. Crawford asked Mr. Navarre if he felt the governor and state were funding education at an appropriate level this year. i Rep. Navarre stated, 'Given the budget constraints, yes." Mrs. Walli asked how he voted in regards to the formula funding supplemental for the school district. Rep. Navarre reported the formula funding bill was carefully written and passed the legislature in spite of rural and opposition. It redistributes the funding over a period of years forces rural areas to pick up more of a share of the educational burden. it 16 much more equitable than in the past. He believed the amendment that would have given more money to Kenai and Anchorage + this year would have defeated the bill. Aaron Robinson, Soldotna. stressed the importance of sports in educe. on e a ng it is half of it as it encourages good grades. Wade Beard, Sterling, reported as a senior at Soldotna Nigh school he Intended to attend 3 basketball camps so he could get a college scholarship. If sports are cut from local schools, he would go where he could find them. Derek Kaufman. Soldotna, stated his participation in extracurricular 1 Yet vitles had taught him to work with others to achieve a common goal; which apparently the community had not learned to do. Duane Anderson. Soldotna. stated his earlier fears for the budget time boa come true and he urged the assembly to additionally support be the schools as cuts mandated by the state have been shown to dismantling to the schools in significant ways. Eric Weatherby. School Board member, reported two students last year were accepted at Stanford University with grades lees than others who applied because of extracurricular achievements. He hoped the assembly would not perceive the budget dilemma the board was going not through in to deal with a 07.5 million cut as a ploy to the assembly by cutting the heart out of extracurricular i pressure � activities. He stated they learned at last nights board meeting there was a- deficit this year due to insurance coat overruns. One school has been closed and he was open to closing more in order to keep a well rounded program throughout the district. He believed there was a legal obligation as well as a moral one to do so. A 90 salary budget reduction equates to either 102 of salary or over teacher layoffs, to be determined in negotiations. Central office and benefits have been reduced 10% and staff 3011 there was a l glary 2 reduction in nonpersonnel items of the budget before it was submitted to the assembly. Since then they have out $7.2 million) i but in order to provide a responsible extracurricular program they balance budget it is with would need $575 000 - $600,000. To the as would coot $200,000. He questioned the decision no extraeurrieufar to close Kenai Elementary due to the cost to bring it back when needed. They hoped to receive additional money from the state but is j h were forced to make decisions on balancing the budget before that known. Commitments needed to be made to other districts regarding 1 sports activities at this time. j Mrs. Walli asked what guarantee the assembly would have that a supplemental appropriation would ggo directly to specific needs and would money set aside for settiemant of the teachers suit be available. Mr. Weatherby stated the $800,000 needed in the event the board does not prevail in the suit may not be sufficient and it does not look He could not commit for the entire board. but urged good. the assembly to consider priorities. Following a 01.2 million budget for extracurricular activities last year, there is currently zero. Psee.Sewall stated the question was out of line @Lace the statutes ovide a clear@epatation-or-responsibilities--between the assemble Pr and the board. Mr. Weatherby believed the question was asked in good faith. ., faith and he nor any other board member would act in bad L W- KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 21 1987 Mr. Crawford stated with the bonded indebtedness he felt people were already paying a fair share. Mr. Weatherby responded recalled the board asked for one high school and two west placed on the ballot which added to the cost. His responsibility was to separate issues of bond debt retirement and operation of the schools. The amount provided by the state was reduced by $10 million this year including items not t yaio alsttt ed tthem while the local share was less than lyear withddit s. Mr. McLane asked if he agreed with the provision that requires 35% of the basic need be provided by the local effort. Mr. Weatherby stated if the state had not given an additional $3.2 million worth expendi- ture responsibilities. $29 million in state funds might have been sufficient. f Ed Oberts, Sterling, read a quote from Son. Faiks which stated in the i as years the number of students has increased 13% while the number of teachers has increased 422, the number of administrators has in have dropped 2teacher salaries have increased 1285 and SAT sco Betty warren, Kalifonsky, reported they would be able to pay their j axes ecause they have always saved part of sll income. Sports are important because children aren't made to do chores anymore and they need exercise. She believed the school administration was unfair to taxpayers by spending more money than they can afford. She believed whetherwouldo ornot their best students program.a good education there was anextracurricular Kim Swarner, Kenai, reported as ean Sth d her coach h de t d been the teaminvolved n sports programe and report 4 hs would coach whether or not she was paid. of people who said they James Sack, Soldotna, referred to comments woulg move away if there were threatened cuts and he believed there would be many who left because of the tax burden. As a local student program2cost far less while had used were instrument and the sports Public hearing was closed. 87-2222, "Transfer toESchool DistriTO icct D FROM $ Z THE 031 0 3 TO $14,531 073. Mr. Mullen stated this represents an increase of $2.5 million. When the assembly responded to public urging to cut the budget in April to $12 million, he felt the amount was not sufficient to provide adequate educational programs and he still feels the same. The corresponding mill increase to the proposed amendment would i .7 or B which would be an extra $70-80 on $100,000 assessed valuation. He believed most residents of the borough do not want their school program to be destroyed by excessive cute. GLMOVED 14TO TULEN NONDMENT TO IM. 87 22 CHA ETiE SCt00L DISTRT FIGURE TO $.431073 SHOWN (SUBSTITUTE). Mr. Carey stated the intent of the amendment is to provide an additional $2.4 million to the school district budget which has been cut a total of $16 million since the governor asked for reductions. He believed the $2.4 would allow the -district to rehire a portion of ut the 96 employees laid off recent%yy who are a plying for unem toyymmaof benefits and looking for other lobs. The school district de icit of $200,000 - $600,000 due to litigation and insurance payment Claims needs to be addressed as well as situations such as 2nd and 3rd grade classes of 30 students. Legislation on the governor's desk could easily pick uQ the $2.4 million. Sen. Fischer stated today N8 127 includes $1.85 million for this borough as well as $320,000 in transportation funds a supplement to the current budget which the -- governor could _sign at once. Refinancing could provide $1 1/2 - 2.1 million and $4 million could come from 'bond -veimbureement, As--a-last- ..- resort, the mill rate could be raised, .8 mills. Any additional funds from Jvneau will have to be approved by the assembly first. BY -7- 7K s KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF ]UNE 2 1987 the end of ext conference n schools must be athletic notified directorsin order principalsand to sother schedule the programs for next year. Mrs. Phillips urged defeat of the amendments stating in previous testimony on the budget the overwhelming directive has been against raising taxes without qualification. The assembly has no assurance the money if approved would go to programs it wished to assist. She recalled the school. board had stated they could not live with cuts that wee made but he list of reductions sh been eliminatedt with additional $1 1 proposed.ow over $6 million has Mr. stated thethe bonds Was to e reliefawford for the taxpayer, noteadditionally f and the operations budget• ASSQERMOORE 3 FOLLOWS: PREVIOUS QUESTION WHICH FAILED BY A VOTEF STO 9 NO A YESs Crawford, Moore, Carey, Glick, McGahan, Hodgins Not Nash, Phillips, Valli, Mullen, Sewall, O'Connell, Skogstad, McLane, Johnson Pros. Sewall called a 10 minute at ease. Mrs. Valli commented all Mr. Carsy's proposals for funds are based on "ifs" She felt the only option was to wait to see what the legislature does and then pass a supplementals it is to early to know what will be coming. Mr. McLane stated of 55 school districts in the state, 22 are completely funded by the state and the remainder receive 65 or slightly more depending on tax rate. The previous a propriation to the school district exceeded the required 35% local effort by 61 million when maintenance and insurance costa are included. He reported Kodiak is funding a straight 35% and is concerned they won't be able to have extracurricular activity with this one.- If other districts can operate on the foundation formula, he believed this one should as well. Mr. O'Connell asked for verification that any unanticioved manias comingg to the school district would have to be app Y the assembly ss mblyhe mount xP the approved school budgeted they can only spend up to Pros. Sewall passed the ggaval in order to comment in favor of the Carey amendment, stating he was part of the assembly which two years ago lowered the mill rate at the artificially low rate of 1.75 mills. Reoerves were used up and again short sighted members would consider only this year. He hoped money provided by the state could carry over and help reduce the mill rate impact next year. Many people are very concerned about failure to provide a well rounded education for their children. Mr. Hodgine stated the Carey amendment would provide approximately 11 l/2 1 reduction from last year. He felt the important issue was the closing of some schools. Mr. Mullen expressed concern for the student/teacher ratio as the main issue. Mr. Skogstad believed the reduction approved was too great for a On* year decrease. Additional cute will have to be made next year but it needed to be spread out. Mayor Thompson reported on his family background of school principals and teachers and the instigation Of sports programs. He believed the school district was fine but did not feel cutting extracurricular activities was fair or legal since they are included in requirements for accreditation. He noted the borough has saved over Si million since the governor's warning funds were short a�year ago while none were -seen from -the school district..-The.teachera union is suing for increases instead of volunteering cuts. The govelmOt16 aldionot aTo- be unknown at this time and he elt the mill rate a ou n j increased. - - - - - - - l - --- -- M KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 2, 1987 Mr. O'Connell asked if the proposed mill rate of 5.7 included savings from refinancing bonds and the Mayor answered, "No". Mr. Hodgins objected to being urged to vote against the amendment because more can always be added as he felt needs should be dealt with as they come. He would not, however, vote to add beyond the ! Carey amendment, should more become available, Mr. Johnson stated funds already appropriated might be inadequate but they are all we can afford. He felt some of the electives that parallel those of KPCC could not also be eliminated. If hoped for funds arrive the option is there to add. He felt the community could not afford more taxes when house payments are becoming difficult. 4 THE CAREY AMENDMENT WAS DEFEATED BY A VOTE OF 7 YES TO 8 NOs j YESs Nash, Mullen, Carey, Sewall, O'Connell, Skogstad, Hodgins YNk NOs Phillips, Walli, Crawford, Moore, Glick, MCGahan. McLane. '— Johnson ASSEMBLYMEMBER MOORE MOVED TO AMEND THE MULLEN AMENDMENT TO CHANGE THE TRANSFER TO SCHOOL DISTRICT TO $12,796,588 BRINGING THE TOTAL TO $54,848,663. Mr. Moore -stated on- the list of cuts made by the school board. $190.515 remainel added to that $575,000 seed money which would make a volunteer extracurricular program possible, would amount to about 1/5 of a mill. He felt the taxpayers would go along with that small increase to avoid division of the community. He believed there could be no misunderstanding this time as to what the additional funds are intended for. Mr. Nash could not support the Moore amendment, preferring to add the necessary funds to get the program rolling like it should be and whatever else is provided can stay in the general fund. Mrs. Phillips stated the main issue before the school board at this time is the deficit for the present, years any additional funds provided would go to resolve that problem. Mr. Barton stated in answer to Mrs. Walli's questions that the short falls in this year's budget came out of the governor's office and were beyond the school district's control or anticipation. Mr. Mullen asked what the effect would be if he withdrew his amendment in favor of one with another figure. Pres. Sewall stated he believed he would have to have the permission of the maker of the second amendment. Mr. Moore stated he would withdraw his amendment. Mr. O'Connell rose to a point of order and stated Mason's Manual i makes it clear once an amendment is before the body it is in the 1 control of the body and cannot be withdrawn. Mrs. Glick stated the first amendment to an amendment can be withdrawn so that a substitute can be made. Mr. McLane rose to a point oY information to quote Mason's. Page 282. "Either a original or substitute amendments may be withdrawn as a right before being stated by the presiding officer or may be withdrawn after being stated with consent of the body." ASSEMBLYNEMBER GLICK MOVED MR. MOORE BE GRANTED PERMISSION TO WITHDRAW HIS AMENDMENTS WHICH FAILED, 6 YES TO 9 NOs YESs Phillips, Walli, Mullen. Moore, Carey, Skogsted NOs Nash, Crawford, Glick, Sewall. McGahan, O'Connell. Hodgins. McLane. Johnson L IN KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUN£ 2, 1987 VOTE WAS CALLED ON THE MOORE AMENDMENT WHICH FAILED, 6 YES TO 9 NO, YES, Crawford, Moore, Carey, Glick, Skogstad, Hodgine No, Nash, Phillips, Walli, Mullen, Sewall, McGahan, O Connell, McLane, Johnson VOTE WAS CALLED ON THE MULLEN AMENDMENT WHICH FAILED, 6 YES TO 9 NO: YES, Nash, Mullen Carey, Sewall, O'Connell, Skoggstad NO, Phillips, Waili, Crawford, Moore, Glick, McChan. Hodgins, McLane, Johnson ASSORIE NLA DER87c2 A F R TRANSFER TO MOVED TO SCHOOL ON THE $12,031,073. PROPOSED IN � ASSEMBLYMEMBER O'CONNELL MOVED THE MEETING BE ADJOURNED UNTIL 7t30 P.M. ON JUNE 11. Pree. Sewall noted other ordinanceswere set for hearing this date and the assembly should take all public comment prior to adjournment on those ordinances. ASSEMBLYMEMBER O'CONNELL MOVED TO CHANGE "ADJOURNMENT" TO "RECESS". WHICH WAS SEWALL CALLED FOR A BY A VOTE OF ETO 10 YES TOWWITHDRAWAL OF THE MOTION S NO YES: Nash, Phillips, Mullen, Moore, Carey, Sewall, O'Connell, Skogstad, Hodgins, Glick Not Walli, Crawford, MCGahan, McLane, Johnson ON S UJ NEL11WER HICH,FAILED BYELL OA VOTE OF VED To C6 YES TO ESS THE9 NO ETING UNTIL 7t30 P.M. 1 i YES, Mullen, Carey, Glick, Sewall, O'Connell and Skogstad N0: Nash, Phillips, Walli, Crawford, Moore, McGshan, Hodgina. McLane, Johnson pros. Sewall stated no further assembly action could be taken due to passage of the midnight deadline. i pros. Sewall called a 3 minute "at ease". N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MERING AGENDA 0. PUBLIC CONTAINER IN NTS THE ASSEMBLICSPRESENTATIONS UPON MATTERS NOT Bro. Asaiah, Homer, addressed the South Peninsula Hospital budget, n in comme'r g he was on the task force which recently served. He felt it was irresponsible of the board to fail to put $38.000 for the audit and $15,000 for insurance in the budget. He understood the assembly or finance department would now have to to eo, and asked if the operating board was not obligated to include them. Mr. Barton stated it is required but the board had expressed the opinion it was not needed and therefore theyy would not put it in. Bro. Asaiah requirtementhin assembly to send eto the public howion they operate t is a Mr. Nash asked for verification the board could, after appproval of the budget and appropriation moved the money around within tt�a budget pnd ermMr. Barton the assembly could being move lead line item with the Mayor's i James McKin, Kenai. addressed Ord. n87ol6the bonds not toaextend ere SWUM*. a limit on the refinancing beyond 10 years. John Kistler, Kalifonsky, asked if the refinanced bonds could be paid ii b1 Ma or Thompson o ear or than the schedule if money is ava a e. y - - - ------ ------ -- replied they could be. c. -10- LA KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 2 1987 r. Batt Warren, Kalifoneky, requested the vote be kept on the board a tie Tonger. Maims Ohnemus, Cooper Landing, was disturbed by opinions expressed t at because Mr. O'Connell and Mr. Carey are teachers, they should be � much right to vote She eafelt as ny other eemb Yed representatives they had as y I p. MAYOR'S REPORT (a) Memo dementary.racement at Kenai Jr. High and Seward ElBid Tabulation (b) Assessment roll Ma yyor Thompson reported receipt of the certified assessment roll for p1987 with assessments including all properties at $286,225,206 S5r084,4�0,812.28Total,taxable for the borough his $3 504,391 896. otal o Mayor Thompson reported three businesses with outstanding sales tax accounts are Perkins Unfinished Furniture, $21.067 Wendy e. 520,915. Omni Foods, registered December 1986 has neveriled or paid tax, Tyonek Store has never registered or filed. Q. OTHER BUSINESS R. ASSEMBLY AND MAYOR'S COMMENTS Mr. Moore noted a letter from DOT, dated April 3, in the information- al packet proposing to increase the speed limits on the recently coaved uld be proposed for Robinspon Looandlothortside roads. speed limit AGAINST SPEED LIMIT AB 40 M.P H. FOR THOSE LISTED AND THERE TO DOT OBJECTION' 1 • Pres. Sewall stated a resolution could be prepared for the June 11 special meeting. Mrs. McGahan asked why three businesses were being reported on for sales tax delinquencies. Mr. Barton stated they were chosen because of the large amount due and subsequent meetings others in that d a category would be reported. In regard to Mr. Weatherby's comment that the board asked for one, not two high schools. she stated Dr. Pomeroy's proposal was for one centrall located high school. The addition yearplan l8oldotas (High eSchool years hie listed icame Hout and stating they did not want an addition, they wanted another school. She commented on her general support of education, teaching three children at home, has supported sports activities and other extra- curricular activities. She remained unconvinced all unnecessary items were cut from the budget before cutting these especially wanted activities. Mrs. Phillips expressed her concern over the letter from Mr. Kovisto. rincipal of Tyonek school in the paper and comments she felt were I nappropriate. Mrs. rve land reported t suppportedved Mr portion Moore, s Of Worth for Fork e cessive speed She felt issues in -the borough budget needed to be resolved prior to deciding on a supplementary appropriation for the school district. Pres. Sewall stated his intention has been to call a special meeting for June 11. The June quarterly revenue projections should be out June 8 and hopefully by the llth dome word will have been received from Juneau. Mr. Carey acknowledged receipt of the attorney's memorandum on the d the nestion of whether the entire area 0 West - PopPy .. . Lane- -area an - - -- - - - -- - - - - ranted relief. It at tee relief can only be granted an appellant in due process. could be reassessed on the basis of some which were g -11- c Em i KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 2, 1987 • Mrs. Glick thanked especially the young people who spoke to budget needs as well as others. Mrs. McGahan commented on a letter from Mr. Towne, a borough employee, stating she hoped he would not be penalized for addressing the assembly. Pree. Sewall requested members from various areas to make recommendations for the special revenue task force. He noted the i Kenai River Committee would be holding a hearing on June 9 in Cooper Landing at 7 p.m. He asked the Mayor concerning a letter from Mr. t Munson in the Seward flood area and Mr. Thompson reported S20,000 had been received from FEMA for stream mitigation and some rip rap but limitations are both money and approval by Fish and Wildlife. } Mrs. Glick asked that Mr. Kurt Kristensen and Mr. Duane Anderson be i considered for the revenue task force. Pres. Sewall requested interested persons provide a brief biographical information or statement of intent to the Clerk in order to have the broadest interest and geographical area representation. S. INFORMATIONAL MATERIALS AND REPORTS (a) Reapportionment Committee Report t T. NOTICE OF NEXT MEETING AND ADJOURNMENT Pros. Sewall- stated the next meeting was June 11, 1987 and this meeting was adjourned at 1510 a.m. DATE APPROVED �L.)-Z4 ATTESTt a an e e ese y re ent rougCleric m of 4 rl I KE LA RY POWER e!.rwII04 AND-. HTNEY FOODS", to p COMPETITIVE: service available AU Immediately -,Yntlt_�he end of the season for SiOdg-idfidbids or services. Dook"unloading at' NEW KENAI CITY DOCK'_ -I Contact Larr hieq foe wintertime. etoraglk-4. and particularr.., y -- ------ --- — - - - -- TIMRMUI ohAnaear G:V OF KINAI roprwe :t .i k F r C 1M-asumLi34R COURT M THE STATE OV A16_MS h MM-AMMIX4 PIS CT.A.T_ 14Mx MILES DEAN, individually and 1 as a shareholder of KENAI 1 HARBOR DEVELOPMENT CORP., 1 1 Plaintiff, 1 ) 1 � ) \ROP. . $BECK a/k/a WILLIAM) P.C.. KENAI HARBOR 1 NT CORP., ROBERT L. ) TY OH KBNAI, ALASKA,CIAL PLANNINGS, INC.. 1 1 Defendants. 1 ) Case No. KN-87-490 CI. ANSWBR AND CRO88-C,A�m �/�7 COMES NOW, Defendant City of Kenai (City). by and through" its attorney, Ti Rogers, and in answer to plaintiff's complaint admits, denies, a responds as follows: ARM 1. The City ad is the allegations contained in Paragraph XL, and Paragraph XLI o plaintiff's complaint. 2. The City denis 'the allegations contained in Paragraphs XI. XLII, XLVI. XLVII. 3. The City lacks su ficient knowledge and information to form a belief as to the trut of the allegations contained in Paragraphs II, III. IV, V. VI. VIZ. VIII, XII, XIV, XV. XVIII. XIX, XX, XXI, XII. XXIII, XXIV, V, XXVI, XXVII, XXVIII. XXIX, XXX. XXXI. XXXII. XXXIII. XXXIV. V, XXXVI, XXXVIII. XXXIX. XLIV, XLVIZZ, XLIX and L and there ore denies the same. 4. The City admits the allege ions in paragraph IX to the extent that the City has a copy of th assignment but the City tiT 1 - ANSWER AND CROSS -CLAIM r c without sufficient knowledge and information t form a belief as to the truth of the allegations in the remai or of Paragraph XX and therefore denies the same- S. The City admits the allegation Paragraph XVI to the extent that the claim of lien (Exhibit " "i is and was invalid. The City is without sufficient knowled a and information to form 4 a belief as to the truth of the alle Lions in the remainder of Paragraph XVI and therefore denies he some. 6. The City admits the all ation contained in Paragraph •. XXXVII of plaintiff's complaint hat Robert L. Roper transferred to the City of Kenai. Alaska, asehold interests and engineering permits. The City is without sufficient knowledge and Information to form a belie as to the truth of the allegations in the remainder of Paragr ph XXXVII and therefore denies the same. 7. The City admi the allegations contained in Paragraph . XLiii of plaintiff's a mDlaint to the extent that the City assisted the defends Roper In selling the leases by providing Mr. Roper with the ppropriate documents and knowledge and information reques ed by him. The City denies the allegations in the remainder of arograph XLIII. B. The C ty admits the allegations contained in Paragraph XLV of plaint f's complaint to the extent that the City repurchased ertain leases from Robert L. Roper individually. The City de ies the remainder of the allegations contained is Paragraph V of plaintiff's complaint. ATIZRMATIVE DLfENS88 f` 9 By way of affirmative defenses. the City alleges as r. folio ss y. FIRST -- This action is barred by the doctrine of res ju cats. :... SECOND --.Plaintiff is.eetoDP .. o assert anyDos possessory ..... •. ..,. - , _ J Tim ROOlRa ONA"01MV ighte is the leasehold interests. --5 r�`-- ----- -- - - - - - - - - - c"OFM"I - - - - - -- - - - -- 61MMAuA9411 8 ANSWER AND CROSS -CLAIM f _ 'u . J i i S _ t - - nM Roacea o+r ArtOeMr OIY OFXINAI •oeww &MS. AURA Wall �utur t 4 Y t.5 (1 C C W11 THIRD -- Plaintiff's claim is barred by laahes. FOURTH -- This action is barred by reason of Plaintiff's failure to assert a compulsory counterclaim in Civil Case No. 3KN-79-921 CI. FIFTH -- The plaintiff is collaterally estopped to bring th a action. BIRTH -- Plaintiff's complaint fails to state a claim of actin upon which relief can be granted. _ CROSS -CLAIM AGAINST DEPENDANT ROBERT L. ROPER 10. The City re -alleges and incorporates by reference herein Pa agraphs 1 through 9 above. 11. 0 January 25, 1982, the City of Kenai entered into an agreement wi Robert L. Roper for the purchase of the lease rights to cart in City property designated Tract B and Tract C. the Kenai Boat mp and right-of-way, which agreement in attached hereto, marked Ex ibit "A" and incorporated by reference hereAWN 12. ,Pursuant o the agreement, Robert L. Roper agreed to remove all liege or cumbrances which had been placed upon the leasehold interest by ny other party because of the actions of Robert L. Roper. 13. Robert L. Roper represented to the City of Kenai that Robert L. Roper individual) held a 100% undivided interested in the subject leaseholds an4 t t he was authorized to convey the leaseholds to the City and the he had removed all liens and encumbrances. 14. The City believed Rober L. Roper's representations and relied upon the representations of obert L. Roper in purchasing the property. 15. If Robert L. Roper failed to emove encumbrances pursuant to the agreement, Robert L. Rop r breached the agreement and is liable to defendant City of Kenai r all sums that may be adjudged against the City -and in favor of p intiff as a_result. of this action. 3 - ANSNER AND CROSS -CLAIM N WHEREFORE, the City prays as•lolloass 1. That plaintiff take nothing by to complaint and that this action be dismissed. 1. For judgment against Robert L. Roper for all sums that may be adjudged against defendant C tY of Kenai and in favor of Plaintiff Miles Dean. 3. For Its coats, includ 9 to lees incurred herein. 4. For such other and urther relief to Which defendant City of Kenai may be entitl d. DATED: This 0 d o! June, 1967. CITY OF KENAI Bey Tim gere City Attorney .....ou+.,e..1 4 - ANSWER AND ctcvoa-��war, s z: ,u a —X/VF,D — 9 ON (A 0% P) co co Co -1 td 0 cfDi QID wa) m H. " IM a rt 0 ft AM U, 0 10 666 co ct n 0 0 OM w to P. ft rt 01 0 6 tv cr 0 ftta IV W m m to " Al is m 0 • 0 (D tit OA 0 o ct• op c X:NPO-10 30. SUITE E204 KENAI, ALASKA E39BIl JUN 24 June 23, 1987 Wafte"L d KVd City of Kenai 210 Fidalgo St. Kenai, AK 99611 FUR GOUNCIL MEFT14 OF Ej CIV MR. AtWn" QS011011C Work$ City Cift STATEMENT V - Ix F-- ... Itud Cay—II— 11;04;Uk-- #8617 KENAI FLOAT PLANE FACILITY CONTRACT AMOUNT: $51,700 00 PREVIOUSLY RECEIVED: S10 117, 3 e%j Professional services through 6/22/87 PR AL ENGINEER 79.5)hro./75.00 5,962.50 ING - 41 hrs./40.00 ✓ -6,800 -00 -------- M TOTAL BALANCE DUE: • Z 46, 172 72 4 6 —1 low# n I • RECEIVED I . June 23, 1987 JUN 24 1987 rr;er.wiliftof 92PIL City of Kenai ...,�»a,...... �..,.�.... 210 Fidalgo St. h., .. :.....,,.•... _ Kenai, AK 99611 FOR COUNCIL MELTING OF r � -Q City Mpr, STATEMENT '®Public Walls CKyglflt , L' —$( Finn a 0►Ioinel Ta SubmittO By, I I Couilcil Olt Qt4o []Yes Ck— 1:. ' 118616 Kenai Boating Facility j ' $78,000.00 CONTRACT AMOUNTS 61,011.'74 V I PREVEOUSLY RECEIVED% Professional Services through 6/22/87 {� PRINCIPAL ENGINEER 132 hra./75.00 ✓ 9,900.00 { DRAFTING 913s Oo li M'• 1 .00 '. 4.5 hra /1r9s99� Clerical 200.00 ✓ , 8 hrs./25.00 Shannon Wilson 566.11 i,.. 514.65% 10% Trych, Nan 6 Hayes 594.00 i. 540.00 + 10% ✓ Northern eat Lab ~ / 1 +...I ,,TT 426.52 367.75�+ lOX ✓ • + Wm. a Aasoc. - •. . � / ` •' Kluge., 1,876.00 i { 1706.00 + IO; 1 BALANCE DUE: • � 137�0, l3 • ect4 t 1 ._ -- ' - .. ... 3${.'.Y�kS l. �i.'�+��Ti-.t ..L. /'lia:.....'.r�. .. �•1{.'_•.i ,:4..!' �: �._ __.. - Lb.' _ G:I-. t� - . - l Li 1 jI '' wm, J, Nelson & ssociates 21 B FIOALGO, SUITE Q04 KENAI, ALASKA BSB11 - �N STRUCTUM L L M SENIOR HERALD i nrn v f%w T110VA T SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRI PINOCHLE "W BINGO CENTER PICN KENA CANASTA BOWLING OPEN KITCHEN 0 SWIMMING BAND FIT -AGAIN IFIT-AGAIN CRAFTS FIT -AGAIN i, I^ A MESSAGE FROM THE DIRECTOR SENIOR'S CELEBRATING BIRTHDAY'S LEY SUMMER TIME AND PARADES ARE UPON JIM A MOR US ...... WE WILL BE A HOT ITEM IN THE JASMINE MORTENETT FOURTH OF JULY PARADE...#THE KITCHEN JASMINE PICKETT ARTHUR HIRTH BAND HAS SCHEDULED THEMSELVES TO MAKE JENNY RUNSTETLER AND APPEARANCE. JOHN GRIGGS I A LITTLE BIT OF HISTORY....THE BROKEN ED HOLLIER i BELL AND ITS BIBLE MESSAGE! TEX ARTEBURN ARE YOU "PROCLAIM LIBERTY THROUGHOUT THE EARL GENTRY COMING TO THE LAND, UNTO ALL THE INHABITANTS DON STEPHENS PICNIC???????? THEREOF." (LEV. 25110) WINNIE CHAMBE S JOHNSON LAKE.. IT WAS CAST IN LONDON'$ FAMED WHITE KATHRYN SANNO ORTH KENAI, CHAPEL BELL FOUNDRY. IT CROSSED THE IRENE STEPHENS HAT PUN SEA, WAS HUNG IN "A GREEN COUNTRY LEE RICHARDS TOWN" IN 1753L. FOR 23 YEARS ITS FRED MC CALL " SOUND -REGULATED THE FLOW OF BUSINESS GENE SIPPERLY AND SOCIAL LIFE. ON ONE VERY SPECIAL GLADYS GAYLOR JULY DAY THE BELL PEALED TO CELEBRATE JIM BUTLER A DOCUMENT WHICH CHANGED THE FRANKIE NORDMEYER'. I TOWNSFOLKS LIVES AND OURS. INVADING THELMA SEHM f TROOPS CAPTURED THE CITY, BUT A WAGON ELMER RICHARDSON i. HAULED THE BELL '0 A HIDING PLACE. A TED MC GIRR YEAR LATER THE BELL CAME HOME TO RED NEETHER PHILADELPHIA TO STAY. ON JULY 8, LORETTA MOORS 18359 THE BELL CRACKED. ANOTHER ED SELBY CRACK DEVELOPED IN 1846— THE BELL ROMONA CASON COULD SOUND NO MORE, BUT THE BIBLE COLETTA STR VERSE EMBOSSED UPON IT LIVES ON. DONNA WILE ' HAPPY BIRTHDAY AMERICA! CARL BERGST DT AT THE LAST MAYOR'S COUNCIL ON AGING LOUISE RHODE MEETING THE BOARD DECIDED TO GIVE INEZ LOFTI WEEKEND OPENINGS A TRY. IF ENOUGH MARION JOHNSON ,. SENIORS TAKE ADVANTAGE OF THE EXTRA AVICE JENSEN TIMES WE WILL BEGIN TO OFFER A A LIMITED LUNCH FOR THESE DAYS. d� REMEMBER, WE HAVE PANSIES FOR YOU TO k.LE- COUPLES CE PICK AND ENJOY.....COME BY FOR A CUP �' E OF COFFEE...... RALPH AND LOUISA BARTLETT BILLIE AND SAM HUDDLESTON FRED AND MICKI MC CALL ;a k0el GOLF COUR_%E HAROLD AND CLARICE DALE FRIEDA AND JERROLD EDWARDS A NEW SENIOR CITIZENS RATE. .ONLY CARL AND MARY CASEY { $4.00 FOR NINE HOLES OF GOLF! OU CAN HAROLD AND ALICE KERNAN RENT GOLF CLUBS FOR $5.00 AND ENJOY DON AND IRENE STEPHENS YOURSELF ANY DAY DURING THE WEEK. EVELYN AND F.O. PETERS THEY OPEN AT 7AM AND STAY OPEN UNTIL 10s30PM. IF YOU 00 EARLY.. -YOU COULD STILL MAKE LUNCH AT THE CENTER! IF �. YOU NEED MORE INFORMATION CALL THE ' -GOLF COURSE AT 283-7500.. GOLDEN AGE CARD DO YOU 00 ALOT OF CAMPING IN NATIONAL PARK SYSTEM? SENIOR CITIZENS CAN OBTAIN A GOLDEN AGE CARD FROM THE WILD LIFE REFUGE...FREE ADMISSION. FOR MORE INFORMATION CALL 262-7021. -L 1 3 4 5 6 8 I 9 10 10 11 14 14 14 14 16 17 20 21 21 22 23 24 27 7 9 29 �.... 30 30 a31 3 5 15 16 22 24 28 30 CONNIE STTEPHEN4 .-A-. CRAFT- --INSTRUCTOR -- FROM VICTORVILLE, CALIFORNIA WILL BE _COMS_NO.TO THEPENINSULATO TEACH_ C CLASSES AT THE SENIOR CENTERS DU G THE MONTH OF JULY. SHE IS SCHEDULED TO BE HERE ON THE 7TH-10TH. HER CLASSES ARE FREE.....BE SURE AN CHECK THE BULLETIN BOARD FOR MORE INFORMATION. I a LVATION ARMY SOUP 0 ANC140RA-6_ REGULAR MONTHLY TRIP TO ANCHORAGE, LEAVING THE CENTER AT 600AM, COST PERSON IS $10.00. IF YOU HAVE SCHEDULED DOCTORS APPOINTMENTS LET THE CENTER KNOW WHEN YOU SIGN UP. AARP PICNIC JOHNSON LAKE IS THE.PLACE. 12 NOON IS THE TIME AND THE DATE IS THE 18TH OF JULY...... BRING A DISH TO SHARE AND YOUR OWN PLACE SETTING.....PLUS WE ASK THAT YOU LEAVE THE RAIN AND WIND AT HOME! TRANSPORTATION CAN OE ARRANGED IF YOU NEED A RIDE. SWIMMING SWIMMING TIME HAS BEEN CHANGED TO 4PM EACH THURSDAY.....WHY NOT COME AND JOIN THE GROUP. THE SALVATION ARMY IS THE PROUD SPONSOR OF A COMMUNITY SOUP KITCHEN. HOWEVER, THEIR PROGRAM DEPENDS ON THE USE OF VOLUNTEERS ...... CAN YOU OFFER A COUPLE OF HOUR? IF YOU WOULD LIKE MORE INFORMATION GIVE MARTA ELDRIDGE A CALL AT 283-7152, THEY NEED HELP WITH SERVING, CLEANING AND FOOD PREPARATION. ITH SEWARD SENIOR WE HAVE BEEN INVITED TO JOIN THE SEWARD SENIOR CITIZENS AT THE ANNUAL POTLUCK PICNIC ON THE 16TH. THEY HOLD THE PICNIC AT THE TRAIL -RIVER CAMPGROUND AT 12 NOON.... -YOU CAN GET MORE INFORMATION FROM THE BULLETIN BOARD. IF YOU NEED A RIDE...SIGN UP, WE PLAN ON TAKING TWO BUSES. NORTH ROAD PICNIC BOWLING BANQUET :•��� OUR FOURTH ANNUAL SENIOR PICNIC!!!! ,COME ON DOWN FOR THE FOOD AND GAMES. RECENTLY, THE CENTER HELD THEIR FIRST "WE ALWAYS HAVE A WONDERFUL DAY AND WAS BOWLING BANQUET... IT WAS A ALOT OF GOOD COMPANY. WE HAVE t &E SUCCESS WITH GROVER CROUCH AND EXTENDED INVITATIONS TO THE OTHER ELSIE MCGIRR TAKING TOP HONORS. THE SENIOR CENTERS ON THE PENINSULA. --JUST MOST IMPROVED BOWLER WAS RALPH BECAUSE WE WANT TO SHARE A GOOD TIME. BARTLETT, PERFECT ATTENDANCE AWARDS PICNIC TIME IS 12 NOON......CLEAR OUT WENT TO JOHN GRIGGS AND GROVER AT THE END OF THE ROAD. BE SURE TO CROUCH. THE MOST SPIRITED AWARD WENT Si ON UP SO WE KNOW HOW MANY ARE TO LIZ VAN SKY ( THIS WAS VOTED BY COMING. WE WILL TAKING MEAL TICKETS. HER TEAMMATES). CONGRATULATIONS TO EVERYONE AND WE HOPE TO HAVE JUST AS MUCH FUN THIS COMING ALL....IN THE CANASTA_ANYONE? MEANTIME CONTI JOY LING THI UMM BRING A COUPLE OF FRIENDS AND PLAY STA WITH US. CARDS ARE RIGHT AFTER LUNCH IN THE CARD ROOMS. WE WILL PROVIDE A RIDE HOME FOR YOU .... IF YOU DON'T HAVE A CAR. WHAT DO CHOLESTEROL, SMOKING, 5TKE55p4 HIGH BLOOD PRESSURE, AND LACK OF PHYSICAL EXERCISE HAVE IN COMMON? THEY ARE ALL RISK FACTORS FOR CARDIOVASCULAR DISEASE. THE CENTER WILL. BE PROVIDING A SLIDE --PRESENTATION---WHICH -FOCUSES-- ON RISK FACTORS ASSOCIATED WITH HEART -Di:SEASE$-- AND -WAYS--TO- REDUCE -THOSE QKS...SEE YOU ON THE 7TH AT 1PM. RUMORS..........NEXT MONTH111 �i t,- _.1 EXCHANGE SOMETHING NEW ..... BRING IN COUPONS AND SHARE. WE HAVE A BOX FULL .... IF YOU SEE... -ONE -YOU -MIGHT -USE,- JUST --TAKE IT!- _...--_..._-._...._ OUR INTENT IS TO HELP YOU 4VE MONEY, NOW REMEMBER CLI,P.,,.THOSE_ COUPONS! - Is A MONDAY TUESDAY FRENCH DIP CHILI/CHEESE POTATO SALAD TOSSED SALAD COLESLAW ORN BREAD DILL PICKLE SLICED TOMATOES PEACH PIE ICE CREAM WEDNESDAY ROAST BEEF GRAPE JUICE RICE/GRAVY ASPARAGUS HOT ROLLS BREAD PUDDING ALMOND CHICKEN FRIED RICE HONEYED CARROTS FRESH FRUIT CUP BK. FOREST CAKE on. I c • l 0- 3 PORK CHOPS 14 POTATO SOUP M BEEF COTTAGE CHEESE TURKEY SANDWICH BAKED POTATO SPINACH SALAD P:100D U CABBAGE/FRU1T SAL. FRESH FRUIT OR ROLL I PIE urer GINGERBREAD '0 CHICKEN STEAK 21 CHEESEBURGER 22 TURN PIE 1 THURSDAY FRIDAY BAKED HALIBUT 3 BAKED POTATO CAESAR SALAD CENTER CHEESE ROLL CLOSED FOR BROWNIE LUNCH SERVICE SANDWICHES ONLY CORN CHOWDER t0 CHICKEN PARMESAN CHEF SALAD OR O'BRIEN POTATOES PASTRAMI SAND. CABBAGE SOUR DOUGH ROLL CITRUS FRUIT I SHERBET DESSERT ROLLS 6 LASAGNA 17 STUFFED POTATO GARLIC BREAD BARDEN SALAD TOSSED SALAD MUFFIN ZUCHINNI FRESH FRUITS I CHOCOLATE CAKE DESSERT BEEF BARLEY SOUI ORANGE SALAD LETTUCE/TOMATO MASHED POTATOES HAM SALAD NOODLES/POTATOES CRANBERRY SALAD BROCCOLI MACARONI SALAD GREEN BEANS FRENCH FRIES TOSSED SALAD FRESH FRUIT CUP POUND CAKE/FRUIT BOSTON CR. PIE HOT ROLLS LEMON PIE WW ROLLS ICE CREAM SUNDAE -_ (MAKE YOUR OWN) ROAST PORK APPLESAUCE MASHED POTATOES STUFFING CAESAR SALAD . -M 50.0 . CHICKEWHOT DOGS ? IRISH STEW O TURKEY POTATO SALAD POTATOES/CARROTS SAGE DRESSING COLESLAW APPLE JUICE CARROTS BAKED BEANS CORNBREAD GREEN BEANS WATERMELON HAND. JELLED SA D PUMPKIN BREAD CbCMi�u ADDI a DI C nvgQvPT 1 ICE CREAM KENAI SENIOR SERVICES 361 SENIOR COURT KENAI9 A A KA 99611 f LONGSTO ......... ' • , jw - I CORNISH HEN RICE STUFFING GREEN PEAS PINEAPPLE JUICE WW ROLLS TURNOVERS 1 SPLIT PEA SOUP HAM/CHEESE SAND TOMATO JUICE COLESLAW CHOCOLATE MOUSS 7