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Home My WebLink About1987-02-18 Council PacketKenai City Council Meeting Packet February 18, 1987 AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 18, 1987 PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2, Consent Agenda *All items listed with an asterisk i*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders, B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Minutes) 1. Roger Boyd - One Stop Liquor, Liquor License Renewal 2. Bob Summers - Veteran's Memorial C. PUBLIC HEARINGS 1. Ordinance 1190-87 - Amending KMC Title 21, adding a new chapter and forming an Airport Commission. a. Substitute 2. *Renewal of . Liquor- License Kenai Merit Inn MbM1:fRYWK %t.YR N'..r.+i'.,!ri.1 15 Kenai Joe's 3. Liquor License Renewal Little Ski-Mo Drive Inn Runway Lounge Pizza Hut No 4. Ordinance 1180-86 - Amending Title 16 of the Kenai Municipal Code, Adding a new section providing for supplemental assessments for special assessments. D. COMMISSION REPORTS 1. Planning & Zoning 2, Harbor Commission 3, Recreation Commission 4, Library Commission E. MINUTES 1. *Regular Meeting, February 4, 1987 F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified. 2. Requisitions Exceeding $1,000. 3• *Ordinance 1185-87 - AmendingK ' MC Title 3, Animal Control Provisions. 4• *Ordinance 1193-87 - Increase estima ted revenues and appropriations - Senior Day Care Fund donations 5• *Ordinance 1191-87 - $998. Amending Chapter 14.25, Landscaping/Site Plan Regulations, 6. Boat Facility, Change Order No. 1 Piling� Substitution. 7. Boat Facility, Change Order No. 21 Floating Dock, 8. Discussion - Cemetery Sexton I• ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. Mayor 4, City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. PERSONS PRESENT NOT SCHEDULED TO BE H (F ive Five Minutes) ADJOURNMENT NJ o� COUNCIL h1EETING OF 171, tv Y ("tc..,-Zou C41 IV y 2N,Y >/ >el y COUNCIL MEETING OF Q } f- ww00 � YaUU m o00 �00 .00ct h s y1 C-ox& 0 yno&a&;9� K NAI PENINSULA COMMUNITY COLLEG E _q Kenai* Peninsuta,,Cominuni*ty Cail,ege History and Tradition Young, ambitious, innovative . . . that's the reputation Kenai Peninsula Community College has earned. Students here are encouraged to determine their own directions, their own unique goals. Modern academic programs, creative teaching concepts, and flexible scheduling accommodate students and help us meet the current needs of the Kenai Peninsula. Our comprehensive program includes: * Transfer courses parallel to the first two years of most university and four-year college work. * Vocational degree and certificate pro- grams for training in a variety of job fields. * Developmental courses and high school completion.. * A wide range of continuing education and personal development courses. Kenai Peninsula Community College ... we're providing an education that works. Degrees and Certificates ASSOCIATE OF ARTS ASSOCIATE OF APPLIED SCIENCE Business Administration General Business Accounting Banking Management Real Estate Computer Information Systems Engineering Design Drafting Civil /St ructura!/Piping Electrical and Instrument Computer Electronics Industrial Process Instrumentation Mechanical Technology Office Occupations Petroleum Engineering Aide Petroleum Technology CERTIFICATES Mechanical Technology Office Occupations Welding Technology Small Business Management Petroleum Technology Operations or Instrumentation ACCREDITATION Northwest Association of Schools and Colleges n j "N dents e �` avanra e t Alasilca , �eivill �,-V d THE CAMPUS Kenai Peninsula Community College, one of the largest community colleges in the University of Alaska system, began as an adult education program in 1963. It has since grown into a comprehensive community college offering a variety of programs designed to meet voca- tional, academic, and community needs. Located on 171 wooded acres between Kenai and Soldotna, the main campus includes a new vocational building, academic classrooms, laboratories, a library and media center, bookstore, and a snack bar and commons area. Kenai Peninsula Community College has a secondary campus in Homer, and also offers extension courses throughout the Kenai Penin- sula. COST Kenai Peninsula Community College is the best bargain in higher education. For Alaska residents, semester tuition is $360. For resident students enrolling in 11 credits or less, the fee is $30 per credit. In addition, extensive financial aid and scholarships are available for students. FACULTY KPCC has earned the reputation as a leading community college in Alaska because of its outstanding faculty and staff. The faculty's first commitment is to excellence in teaching. With the average class size of less than 18 students, instructors have the time to spend with individual students. Caring about students is what makes KPCC a `people' place. CONTINUING EDUCATION KPCC provides a wide variety of adult and con- tinuing education programs. Adult Basic Education, GED preparation and testing, col- lege preparatory courses, and special business seminars are just a few that are offered throughout the entire Kenai Peninsula Borough. ENTERTAINMENT Students enjoy concerts, films, lectures, fine arts performances, and various entertainment brought to the area by Student Government, Sunday Showcase Theatre, Kenai Performers & Peninsula Dancers, Kenai Art, Guild, and others. Kenai Peninsula Community College, P.O. Box 848, Soldotna, Alaska 99669 (907) 262-5801 OUTDOORS/RECREATION KPCC and the cities of Kenai and Soldotna are centrally located on the beautiful Kenai Penin- sula and are bordered by the Kenai National Wildlife Refuge. Despite its northern latitude, the Kenai Peninsula has surprisingly mild winters and cool, comfortable summers. The central Kenai Peninsula offers superb op- portunities for outdoor recreation — hiking well- groomed wilderness trails, canoeing the scenic Swanson River, floating and fishing the famous Kenai River, skiing miles of cross country trails, or just viewing the abundant wildlife. KPCC lets students take advantage of Alaska. ENROLLMENT More than 1900 students register each semester. KPCC is large enough to provide courses in vir- tually all subject areas and complete student services. At the same time, it is small enough so that students always feel important -- in the classroom, in the counseling office, or register- ing for class. Peer advisors, students helping students, are always available to help answer your questions. To obtain more information about Kenai Peninsula Community College, please fill in your name and address in the spaces provided and check any boxes for additional informa- tion. Name Address City Zip ❑ Admissions Information ❑ Scholarships/Financial Aid ❑ Transferable Programs ❑ Vocational Programs ❑ Continuing Education The best way to learn more about your community college is to visit the campus. Talk with KPCC students. Meet with a faculty or staff member. Take a campus tour. We will be happy to help you make the necessary arrangements. Just call us . . (907) 262-5801. The University of Alaska is an Equal Opportunity and Affirmative Action Employer and Educational Institution. February 10, 1987 Ms, Betty Calhoun, Records and Licensing Supervisor State of Alaska Department of Revenue Alcoholic Beverage Control Board 550 West Seventh Avenue Anchorage, Alaska 99501 Re: Boys, Limited, d/b/a One Stop Liquors Dear Ms. Calhoun: At their regularly scheduled meeting of February 4. 1987, the Kenai City Council voted unanimously to object to the renewal of the above -referenced liquor license. The Council enumerated the following reasons for their objection: 1* The manner of posting of the property where the package .store was to be situated. 2. The controversy surrounding the placement of a package store at this location disrupted the entire neighborhood. 3. Non -construction of the store has left a cleared lot that has opened neighboring property, baring it to the highway. In doing so, those properties have devaluated. 4. Because there has been no construction of the package store, there have been no revenues coming to the City of Kenai. Had the license been awarded to another interested party, the license could be in use at this time and revenues collected. If you have any questions, or require any further information, please do not hesitate to contact this office,, Sincerely, CITY OF KENAI John J. Williams Mayor clf Community Veterans Menorial Committee P.O. Box 81 Kenai, Alaska 99611 Dear Sir; As community orientated individuals that are involved in many organizations on the Kenai Peninsula, we have formed a group known as the Community Veterans Memorial Committee. Our main objective is to construct a Veterans Memorial with the help of Veterans, Service, Fraternal and Community organizations on the Kenai Peninsula. Our Committee Chairman is James W. Thebaut, member of Veterans of Foreign Wars, American Legion and AMVETS; Co -Chairman Edgar Stone Commander of AMVETS, member of Veterans of Foreign Wars and American Legion; Sec/Tres Sandra A. Hawkins member of Veterans of Foreign Ladies Aux., Foresters, and AMVETS; Media Mark Winston Rotary President; Liason Mark Koerber member of Elks and American Legion. We have a common interest in our community for the betterment of all as members of different non-profit organizations. We have contacted many organizations with hopes of thier support in building a Veterans Memorial in the City of Kenai. We would like to erect a Veterans Memorial within the Memorial Park which we understand the city is in the proccess of building this year. We would like the support of the City of Kenai and our community. We have a design that was done by James Thebaut and is being submitted with this letter to the City of Kenai with the idea that it will be presented at the next City Council Meeting. If some changes would have to be made we are willing to work with your committee's to come up with a workable design as we realize the short building season available to us al 1 . Present at our meeting Monday January 19, 1987 was Robert Summers of the Veterans Center, member of Lions, VFW, VVAKP, and American Legion; James W. Thebaut, Jerry Foster Commander of American Legion Post # 20 Kenai, AMVETS, and VFW; Rick Johnson Commander of Veterans of Foreign Wars Soldotna, member of American Legion; Richard Flanders member of VFW, American Legion Post # 10 Soldotna and Adjutant; Mark Winston, Walt Koerber and Sandra A. Hawkins. The input was possitive from those present. We are looking forward to a good working relationship between everyone who would be particapating in this community project. p+ j v Sincerely: James W. Thebaut Chairman American Legion Post # 10 Soldotna, Alaska 99669 Honorable John J. Williams Mayor City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Dear Sir; - We have been contacted by the Community Veterans Memorial Committee in regards to building a Veterans Memorial. We understand that the City of Kenai is in the process of setting aside some land to build a Memorial Park. We would like to contribute as one of the organizations participating in this community project. We are a small group in Soldotna and we will do as much as we can for our community related to building a Veterans Memorial in the City of Kenai. We hope that you will consider a space for us in the Memorial Park you are about to embark on. The location by Dan's TV was mentioned and we feel it would be an ideal setting' for the community and visitors as well. The access for parking is a concern and we feel the room is there. We are hoping all the support we need will come from the community and the City of Kenai. Sincerely, Brain Lawrance Commander American Legion Post #10 Veterans of Foreign Wars P.O. Box 884 Soldotna, Alaska 99669 Honorable John J. Williams Mayor City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 The Veterans of Foreign Wars have been asked by the Community Veterans Memorial Committee to participate with other organizations to build a Veterans Memorial. As we understand the City of Kenai is going to build a Memorial Park. We would like to join with all the other organizations to make this a successful community project for everyone. We would help to raise money needed to construct the Memorial by fund raisers, grants, ect. The area mentioned to us was the green belt by Dan's TV, we feel that is an ideal location. Visable to all coming into Kenai and leaving. Parking also seems to be available. As Veterans we are in favor in helping to construct a Veterans Memorial for those who have served and those that will serve. We are in total support of a Memorial Park and we are looking forward to the support from the City of Kenai and our community. Sincer ly• Rick o n Commande eterans of For ign Wars Veterans of Foreign Wars P.O. Box 884 Soldotna, Alaska 99669 Honorable John J. Williams Mayor City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 The Veterans of Foreign Wars have been asked by the Community Veterans Memorial Committee to participate with other organizations to build a Veterans Memorial. As we understand the City of Kenai is going to build a Memorial Park. We would like to join with all the other organizations to make this a successful community project for everyone, We would help to raise money needed to construct the Memorial by fund raisers, grants, ect. The area mentioned to us was the green belt by Dan's TV, we feel that is an ideal location. Visable to all coming into Kenai and leaving. Parking also seems to be available. As Veterans we are in favor in helping to construct a Veterans Memorial for those who have served and those that will serve. We are in total support of a .Memorial Park and we are looking forward to the support from the City of Kenai and our community. Sincer ly• Rick o n Commande eterans of For ign Wars AMVETS P.O. BOX 276 STERLING, ALAGKA 99672 Dear Sir; AMVETS is a new Veterans organization in the community and - we have been asked to par t i capate in building a Veterans Memorial by the Community Veterans Memorial Committee, We were very pleased to hear that the City of Kenai is going to constuc t a Memorial Park within the city. As with all the other organizations in the community I'm sure our feelings are shared and long over due. I'm sure that each organization will help in th i er own capacity to raise the funding to build the Memorial. We would like to par t i capate in the building for all Veterans past and present, The location that was related to us was the green be 1 t next to Dan's TV in Kenai. We feel that the area is well suited -for the Memorial Park and also public access. The Veterans are encouraged by the attitude of the City of Kenai in t h h e r efforts to build a Memorial Park and we would be pleased if you would allocate a space in your park for a Veterans Memorial, Sincerely; t0 Edga`r Stone AMVETS Commander c► American Legion Post Il 20 i Kenai, Alaska 99611 Honorable John J. Williams Mayor City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Dear Sir; The American Legion Post # 20 has been asked to participate in the building of a Veterans Memorial. We are very excited and pleased the City of Kenai is going to construct a Memorial Park in the near future. We would like to share in this wonderful community project that will be appreciated by everyone, not only our own community, As a group we will work with all other organizations that are, going to participate in building a Veterans Memorial as it. is something that all people have shared in over the years through thier families and friends that have served in the armed forces and will continue to do so for thier country with pride. It seems to us the area is well suited for this as people pass it daily coming 'into town and leaving, we are talking about the green belt by Dan's TV. Parking is a must because people will want to take pictures and also reflect on thier own thoughts. We take great pride in being Veterans and we hope that our community will support us and also the City of Kenai by giving us a portion of the Memorial Park to erect a Veterans Memorial. Sincerely; Je ry Foster Commander American Legion Post # 20 Aft AWO tl • ` KENAI ELMS LODGE No. 2425 • C/O SECRETARY BOX 666 KENAI, ALASKA 99611 January 26t;�i 198'l Honorable John J. Williams Mayor City of Kenai . '210 Fidalgo Street • ICenai Alaska 99611. Dear Sir; . It has been brought to our attention that the C i t y of KE!nai- intends to fund and build a Memorial Park within the. city limits of Kenai. We are very much' in favor of the construction Cind c1 Foci i e.cat :i of of a Memorial. Park and We would like to sho l our sti�� poi, t: _ the construction 'of such a park. We would lake ;e.F: a Memorial dedicated to all veterans who have f ourfi-it: for the ' cause of f reedom on behalf of the United St.ztF.s of mEiri c:a included in. the park We' find the ar' e.a near Dans TV -a mast: ideal, area or such a Memorial Park and support the city in i to choiot� of • location: Thank you for your attention into this matter. We await: 0L11: • repl.y and look forward to working closely with you on this most worthy undertaking by the city can behalf of the -se who have passed can before us. i e ly yours; i CITY OF KEN 0 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 MEMORANDUM TO: Mayor Williams and Council Members FROM: Kenai Beautification/Memorial Park Committee SUBJECT: Leif Hansen Memorial Park DATE: February 10, 1987 The Beautification/Memorial Park Committee met today with representatives of the Community Veterans Memorial Committee, Mr. Jim Thebaut, Mr. Mark Winston, and Sandra Hawkins to discuss a memorial to veterans both living and those that have perished. The Veteran's Committee would like to place the memorial on the Leif Hansen Memorial Park site. The preliminary plans include flags of all services, a concrete monument, and a concrete walkpad. The Veteran's Committee informed the Park Committee that volunteer help will be available to work on the project including the pathways, flower planting, maintenance, and installation. It was suggested that once underway, a member of the Veteran's Committee will work closely with the Park Committee and Staff to ensure that the wishes of the Council and all bodies involved will have an end result that will be pleasing to the public. The two Committees have agreed to meet again to discuss details at the next regularly scheduled meeting of the Park Committee February 24th. Janet Loper, Planning Specialist Secretary to the Committee? I' m , �• ./ �j Is r Il�.'l b l •N i. -7 •, r. `L'+in '�• ler • i. 7 '• IA •�I. �J �'�i /may/// �{ ` +,�-•�'� �� 7 • �i is � � �I i � �• r�c•r. / -� •;cam .,y�,`'�•�t' . � r ; ''i: • ` `�- Q too .may '� v '-'' z � • < s' IL dome ` Q IL r i O IA, s = • f• ej UJ ..: . OLLI V Z C .1 w W - CL V H y 1 f Suggested By: Mayor Williams CITY OF KENAI ORDINANCE 1190-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE, TITLE 21, BY ADDING A NEW CHAPTER 21.25 AND FORMING AN AIRPORT COMMISSION. WHEREAS, the City of Kenai has a municipal airport that is considered a vital part of the community; and, WHEREAS, it is of great importance to manage the on -going projects at the airport; and, WHEREAS, it is important that the management of the airport be to the highest and best use of the facilities. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following chapter be added to Kenai Municipal Code, Title 21: CHAPTER 21.25 AIRPORT" COMMISSION Sections: 21.25,010 Duties and Power 21*025.020 Qualifications 21.25.030 Membership 21.25.010 Duties and Powers: The Commission shall: (a) Develop, adopt, alter or revise, subject to approval by the City Council, a master plan for the airport development. This may include: 1. Development of type, location and sequence of all airport terminal facilities; 2. Development and use of all airport aeronautical lands. (b) Observe, oversee and guide in an advisory capacity, any matters relating to use of airport runways, airport terminal, and airport aeronautical lands. (c) Act in an advisory capacity to the Council and the Airport Manager. 1 21,25,020 Qualifications: Lments embers of the Airport Commission will conform to the requiof the City of Kenai Boards, Commissions, and CommittStandard Procedures as established by Kenai Municipal Code lftnbevs exempt.e.d _frown :the residency requirement ....:..as pea5tm�t t-�-i.-°n_ --.I .t.em7- 3 -. _-",--o.f'-: - t h.e, I-. Boards C o mmi s s i_o n s and , - _C o mm i t t _e e. dard Pro cnedureIs 21.25.030 Membership. The Commission shall comprise of seven (7) members who shall be chosen so as to represent broadly the following areas: (a) One member, fixed base operator (FBO) (b) One member, lessee of airport aeronautical lands or terminal facility. (c) One member, representing the Federal Aviation Administration. (d) One member, representing the Civil Air Patrol. (e) One member, representing the Air National Guard or military affairs person. (f) Two members, at -large, representing the business and professional community. (g) One non -voting member, representing ad hoc member of the Kenai City Council, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of February, 1987, ATTEST: Janet Whelan, City Clerk (2/12/87) JOHN J. WILLIAMS, MAYOR First Reading: Second Reading: Effective Date: 2 February 4, 1987 February 18, 1987 March 18, 1987 Y Requested b Mayor Williams q Y CITY OF KENAI ORDINANCE NO. 1190-87 AN ORDINANCE OF THE CITY OF KENAI AMENDING KENAI MUNICIPAL CODE, TITLE 21, AND FORMING AN AIRPORT COMMISSION WHEREAS, the City of Kenai has a municipal airport that is considered a vital part of the community, and WHEREAS, it is of great importance to manage the on -going projects at the airport, and WHEREAS, it is important that the management of the airport be to the highest and best use of the facilities. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following chapter be added to Kenai Municipal Code, Title 21: CHAPTER 21.25 AIRPORT COMMISSION Conk- ; r,r, c • 21.25.010 Duties and Powers 21.25.020 Qualifications 21.25.010 Duties and Powers: (a) The Commission shall: (1) Develop, adopt, alter or revise, subject to approval by the City Council, a master plan for the airport development. This may include (i) Development of type, location and sequence of all airport terminal facilities; (ii) Development and use of all airport lands (2) Investigate any matters relating to use of airport runways, airport terminal and airport lands (3) Act in an advisory capacity to the Council and the Airport Manager 21.25.020 Qualifications: Members of the Airport Commission will conform to the requirements of City Boards, Commissions, and Committees Standard Procedures as established by Kenai Municipal Code. Members are specifically exempted from the residency requirement, as permitted in Item 3 of the Standard Procedures,. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day of February, 1987, ATTEST: Janet Whelan, City Clerk JOHN J. WILLIAMS, MAYOR 1st Reading: Feb. 4, 1987 2nd Reading: Feb. 18, 1987 Effect.Date: March 18, 1987 i a a L S a XLL SH4 DEPARTM&ENT OF REVENUE 550 W. 7th Avenue ALCOhOL/CBEVER4GECONTROL B04RD Anchorage, Alaska 99501 ---.January 20, 1987 Janet Whelan, Clerk City of Kenai 210 Fidalgo Kenai. AK 99611 `. Dear Ms. Whelan; We are in receipt of the followin _application(s) for renewal liquor license(s) within the sty of Kenai You are being notified as required by AS O4.11.520. BEVERAGE DISPENSARY LICENSE RESTAURANT DFSTnNATTnN PFPMTT 1 LARRY' S CLUB ._--.-�► KEAN I MERIT INN RECREATIONAL SITE LICENSE PENINSULA OILERS PACKAGE STORE LICENSE rl� KENAI MERIT INN "n 7 UPTOWN MOTEL VIP REST & LOUNGE WINDMILL RESTAURANTpa ONE STOP LIQUORS gee-- �-A*` t- \^``-v( .o,1 - ^pw o� P BOX 850 - SOLDOTNA, ALASKA 99669 PHONE 262-4441 STAN THOMPSON MAYOR February 10, 1987 City of Kenai Atten: Janet Whelan 210 Fidalgo Kenai., AK 99611 RE: 1987 Liquor License Renewal Applications for: Kenai Joe's, Beverage Dispensary Dear Janet: Please be advised that the Kenai Peninsula Borough has no recommendation for protest of the above noted liquor licenses at this time. The Sales Tax accounts registered for these businesses are filed current. Personal property tax accounts registered to either the applicants or businesses are current through the tax year 1986, Thank you for your cooperation in this matter. Si erely, Linda Barclay Delinquent Acct., Techn . -.00 :� -7 04 04 111f e 0 e e o STEVE CoWA DEPARTMENT OF REVENUE 550 W. 7th Avenue ALGY7qOL/CBEVERAGE CONTROL BQ,4R0 Anchorage, Alaska 99501 February 2, 198.7 Janet Whelan, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms, Whelan; We are in receipt of the following application(s) for renewal liquor license(s) within the City of Kenai being notified as required by AS O4.11.5200 BEVERAGE DISPENARY LICENSE KENAI JOES BAR'°`y * RUNWAY LOUNGE ; You are oe LOA a2/i�/Z� i✓oj o�� C�� DEPART34MENT OF REVENUE 550 W. 7th Avenue ALGY71hnL/CBEVERAGE CO/VTRpL gCLgRO Anchorage , Alaska 99501 February 9, 1987 Janet Whelan, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms. Whelan; We are in receipt of the following applications) for liquor license(s) within the City of Kenai being notified as required by AS O4.11.520, RESTAURANT EATING PLACE LICENSE PIZZA HUT No. 9 RESTAURANT DESIGNATION PERMIT PIZZA HUT No. 9 renewal . You are �789- c f''Tr CIF �L� c'�� Cz Z�` f� � s . i I i Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1180-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING TITLE 16 OF THE KENAI MUNICIPAL CODE BY ADDING A NEW SECTION PROVIDING FOR SUPPLEMENTAL ASSESSMENTS FOR SPECIAL ASSESSMENT DISTRICTS. WHEREAS, KMC 16 .10.080 states that the City Manager shall prepare an assessment roll after the costs of improvements are computed; and, WHEREAS , it is possible that the City Manager may believe that all costs are known and may prepare an assessment roll, but be unaware that additional costs may be incurred due to claims arising from construction or other reasons; and, WHEREAS, the Kenai Municipal Code should provide for a method of supplemental assessments against benefited properties so that all taxpayers will not be burdened with the additional cost. 1 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 16.10 be amended by adding a new Section 16. 10. 180 , as follows: 16.10.180 Supplemental Assessments: (a) If additional costs are incurred that are chargeable to an assessment district after the initial assessment roll has been approved by the City Council, the City Manager may prepare and file with the City Clerk a supplemental assessment roll. (b) Procedure for notice and public hearing for a supplemental assessment must conform to that utilized for the initial assessment. (c) Billings and payments on a supplemental assessment shall be kept separate from the initial assessment. Supplemental assessments may have payment terms and due dates different from the initial assessment. 1 (d) More than one supplemental assessment may be allowed. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of January, 1987, ATTEST: Janet Whelan, City Clerk Approved by Finance: 12/10/86 JOHN J . WILLIAMS, MAYOR First Reading: December 17, 1986 Second Reading: January 7. 1987 Third Reading: February 18, 1987 Effective Date: March 18, 1987 2 14ENIO TO: Kenai City Council FROM: Charles A. Brown, Finance Director Cqa DATE: December 22, 1986 SUBJECT: Ordinance #1180-86, Supplemental Assessments The purpose of this ordinance is to provide a method of making supple- mental assessments when additional costs are incurred after the initial assessment roll is approved. The City administration may or may not be aware of the potential additional costs. For instance, the contractor could make a claim of some sort after we have closed out the job and finalized the assessment roll. If this happens, who should pay those costs? Assuming we can't charge the costs to a third party, you only have two choices: the people who own property in the assessment district or the general taxpayers. However, what prompted this ordinance is the situation where the City has some knowledge of a potential claim. Let's assume that all costs that we know about are paid, but the contractor is talking about a claim against the City. Let me propose a set of premises to clearly show the dilemma. Total costs known $2,000,000 % to be assessed 100% Interest rate 10% Number of lots served 200 Amount of suspected claim $100,000 Estimated period to resolve claim 2 years Without an ordinance similar to #1180, a decision has to be made about when to close the assessment district. It's an important decision, because we can only approve one assessment roll. Let's assume two possibilities: Close Now: In this case the $2,000,000 is divided between the 200 lots, and each lot is assessed $10,000. If we lose the litigation over the claim (if in fact there ever really is a claim), then the taxpayers pay the $100,000. Close Later: In this case, we leave the assessment district open for two years while we litigate the claim. Two years of additional interest is $400,000. So, each lot will be assessed two years later at $12,000 (21400,000/200). This is true if we win the case and no additional amounts are paid. If we lose and pay another $100,000, each lot will be assessed $12,500.- If this ordinance passes, the City can make an informed decision concerning when to close the district. Using the above example, we could close the district now and charge each property owner $10,000. If we lose the case, we charge each property owner (not taxpayer) an additional $500 (100,000/200). If we win the case, we charge no additional costs. Isn't this better than our options above without this ordinance? I believe that without an ordinance similar to this one, the City administration would be very reluctant to close out an assessment district if claims are suspected. This would clearly be a disadvantage to the property owners in the district. Their assessments could be substantially higher, even if we incur no additional costs. One further comment is needed. One Councilmember said that the City shouldn't be making supplemental assessments just because the administration made a math error on the initial roll. The first sentence of the new code section to be added by the ordinance says "If additional costs are incurred ." It's pretty clear that this sets out one, and only one, situation permitting a supplemental assessment (a math error on the first roll is not it). MEMO TO: Kenai City Council FROM: Charles A. Brown, Finance Director c DATE: February6 1987 SUBJECT: Ordinance No. 1180-86, Supplemental Assessments Today, I received a response from AHFC regarding my inquiry of January 9, 1987. Copies of the response and my letter are enclosed for your review. AHFC says that, if Ordinance No. 1180-86 is adopted, they will continue to loan money in Kenai. They go on to say that they will require an escrow of 150% of the pending assessments to cover any potential cost overruns. AHFC does not understand the ordinance or my question (I've talked to them three times on the phone). The ordinance deals with supplemental assessments, not cost overruns. The examples given from Anchorage, Fairbanks, and Juneau all deal with cost overruns between pending assessment and the final assessment. This may be valuable information, but it has nothing to do with the question. We're talking about supplemental assessments after the initial roll has been approved. If I follow AHFC's philosophy, they should have been requiring an escrow of 150% all along since we have no cap on the initial assess- ment roll (as a percentage of the preliminary or pending roll). By now, I'd imagine Council is thoroughly confused. I suggest, in order to make AHFC happy (although it's clear they don't understand why they're unhappy), Council amend section 16.10.180 of the ordinance } by adding paragraph (e) to read: The sum of all supplemental assessments in any one assessment district may not exceed 20% of the initial .. approved assessment roll." .., This 20% capshould allow the flexibility the Administration desires. H 0 U S I N ( February 4, 1987 Mr. Charles A. Brown Finance Director City of Kenai 210 Fidalgo Kenai, AK 99611 Re: Supplemental Assessments Dear Mr. Brown: NANCE CORPORATION In answer to your letter of January 9, 1987, Alaska Housing Finance Corpo- ration would like to go into some detail surrounding this type of assessment. AHFC guidelines require any pending or levied assessment to be paid in full at time of closing, or the lender must evidence that sufficient funds have been held in escrow to pay the assessment when it is levied. (Seller/Servicer Guide -enclosed). Areas throughout the state have different ways in handling cost overruns on assessments. Anchorage: In Anchorage the maximum amount that a land owner would be required to pay is 100 over the amount disclosed as a pending assessment. The lender involved in the trans- action would then escrow 110 o to cover the additional expense, if required, Fairbanks: Fairbanks also uses the same 101'0' allowance for overruns. Juneau: In Juneau the allowable overrun is 200. With this process, AHFC is able to approve loans knowing that a prior lien will not appear at some future date. The open-end supplemental assessment that has been proposed by the City of Kenai would not offer this protection for lenders, investors, or the home- owner. If the proposed ordinance is approved AHFC would continue to grant loans in Kenai however at a minimum, a homeowner would be required to escrow 150%o of the proposed assessment to provide a sufficient cushion on cost over- runs. In some cases this could be very expensive and real estate transactions may be affected as borrowers or sellers would not have these additional funds to escrow. C� 235 East 8th Avenue P.O. Box 101020 Telephone (907) 276-5599 Third Floor Anchorage, Alaska 99510 Mr. Charles A. Brown February 4, 1987 Page 2 I hope this letter answers your question concerning the proposed ordinance. Please contact me if I can be of further assistance. S'ncerely, Nona oady Senior Loan Offi r su Enclosure 6/86 7.6 - Section 7001 A. Incomplete Items in Excess of $1,000. An escrow sufficient to complete the work (1-1 /2 times the estimate, for completion) must be established with the Seller/Servicer assuming responsibility for completion within a reasonable period of time. The Escrow Agreement must specify that the funds will not be disbursed until the work is completed in a satisfactory workmanlike manner as determined by the inspecting appraiser and/or an employee of the Seller/Servicer. B. Incomplete Items Less Than $1,000. If the cost to finish the incom- plete items is less than $1,000, the Seller/Servicer may choose to provide AHFC with a Seller/Servicer Indemnification (AHFC Form #PUR-81) in lieu of an escrow agreement. The Seller/Servicer must be able to monitor the progress of the work and agree to provide AHFC with a notice of completion of the work within a reasonable period of t ime . Both the Escrow Agreement and the Indemnification must specifically address the incomplete items, the estimated cost to complete, and the period of time in which the work must be completed (no longer than one year from date of closing) . The Seller/Servicer may be required to repurchase the loan should the work remain incomplete at the end of the one year period. .04 Title Requirements Each mortgage purchased must meet the following criteria: A. Constitute a first lien (or second lien for loans submitted under the Second Program), subject only to permitted encumbrances, on real estate in fee simple- or on an acceptable leasehold estate* B. Be insured by an ALTA mortgagee's policy of title insurance issued by a title insurance company qualified to do business in Alaska and acceptable to the Corporation, insuring the Corporation that the mortgage on the premises is a valid and enforceable first mortgage (or second mortgage for loan submitted under the Second Program) , subject only to permitted encumbrances. C. Special assessments must be paid -in -full. In instances where assess- ments are pending but not yet levied, the amount to be assessed shall be deposited in escrow with the Seller/Servicer or title company . If 'the purchaser is establishing said escrow, the Seller/Servicer must provide a letter of awareness to the purchaser which clarifies the total sale price [ amount shown on the Agreement to Purchase plus the amount of the assessment]. D. Legal access to a public road /street must be recorded for each loan purchased by AHFC. If it is necessary to cross other property to reach a public road/street , copies of recorded access agreements must be obtained by the Seller/Servicer and reviewed to ensure that all future owners, their heirs and assigns, have unlimited and unre- stricted use of the road or driveway. 3 CITY OF KENAI %%^ / it Ua Capital o 44u4a .__ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 January 9, 1987 Betty Cook Alaska Housing Finance Corp. 235 E. 8th Avenue Anchorage, Alaska 99501 Dear Ms. Cook: As we discussed on the phone January 8, I am enclosing a copy of City of Kenai's proposed Ordinance No. 1180-86, along with a copy of my memo to the City Council of December 22, 1986. Someone has suggested that if this ordinance is adopted, AHFC will not loan money for real estate in an area that is or has been an assessment district . Perhaps an example will help. Let.'s assume that an assessment district is formed to develop raw land. The purpose is to install water, sewer and streets. After the work is done, the City prepares and adopts an assessment roll. Will AHFC - refuse to loan money to build a house on one of the assessed lots solely because the City could, if additional costs were incurred some time in the future make a supplemental assessment? If possible, I would like to have an answer to this question in writing so that I can provide the information to our City Council. Also, for my own information, I would like to ask another question. At times a lending institution or title company will inquire about assessments and we will notify them of pending assessments. This occurs when an individual wants to build a house (and acquire a loan) on a lot in an assessment district that has not been totally closed out. The physical work of installing the water, sewer, and streets are done, but the City has not adopted an assessment roll. The City cannot tell the lending institution the amount of the assessment, nor can we accept payment in any amount and label it payment in full. Yet, these get loans and do build houses. It a people do appears, then, that it is not absolutely necessary for the lending institutions to know the amount of pending or possible liens in order for them to approve a loan. Is this correct? P e I thank you for the time you will spend on these matters. Please call me if I can help in any way. Sincerely, � Charles A. Brown Finance Director CAB/vj Enclosure 0 000D "a OR KENAI HARBOR COMMISSION Minutes, Regular Meeting Held, Kenai City Hall, Council Chambers Thursday, February 5, 1987, 7:00 p.m., AST Presiding: Leon Quesnel, Chairman 1. ROLL CALL Present Absent Leon Quesnel Marvin Dragseth Tom Thompson Allen Houtz Barry Eldridge Joe Nord Wally Keppel Page In Attendance: Tom Ackerly, Kenai City Councilman Keith Kornelis, Public Works Director Chairman Quesnel called for the newlyappointed PP ed Harbor Commissioners to be sworn in. Mr. Barry Eldridge and Mr. Wally Keppel Page repeated the Oath P of Office and were sworn in as Harbor Commissioners. 2. APPROVAL OF AGENDA The agenda was approved as submitted. 3. PERSONS PRESENT SCHEDULED TO BE HEARD None. - 4. APPROVAL OF MINUTES - January 15, 1987 Chairman Quesnel called for the reading of the minutes MOTION Commissioner Eldridge moved that the minutes be approved pp ved as read. The motion was seconded by Commissioner Page, KENAI HARBOR COMMISSION February 5, 1987 page -2- 5. OLD BUSINESS a. Operational Criteria for new facility. Chairman Quesnel asked for a report from Commissioner Thompson, Commissioner Thompson had nothing to report at this time, however, will gather information at tonight's meeting from materials that have been received. Director Kornelis provided the Commissioners with materials he received to date, along with a memorandum for the Harbor Commission outlining the responses from Seward, Homer and Kodiak. Director Kornelis wanted to gather all information and to composite to fit the needs of the commission. All materials have not been received at this time. Responses from fish processors have not been received as yet. Director Kornelis pointed out the comments he received from Seward, Homer and Kodiak and indicated the Commissioners were invited to the different locations to review their operations. A general discussion was held and a review of the conversations between Director Kornelis and the Harbor Masters followed. Chairman Quesnel's comment was to establish a good operating manual. Commissioner Eldridge indicated a need to provide a service and develope what's needed. Establish fees for the dock launching and parking. Commissioner Thompson wanted ideas on sewer disposal and showers. Commissioner Page suggested revenue could be made for the use of; the g rid , unloading crane, wash down, tie-up, waste oil tank, septic tank, and the use of electricity. Commissioner Page asked about the use of cleats in the plans for the dock. Director Kornelis will check with Bill Nelson. KENAI HARBOR COMMISSION February 5, 1987 page -3- 6. Fuel service was brought into the discussion by Councilman Ackerly. The general consensus of the commissioners was to continue to gather inf ormation, to outline and establish the objectives f o r the Harbor and make recommendations to the City Council, b. Operational Budget. Director Kornelis will have the operational budget completed by next meeting. NEW BUSINESS a. Discussion - Direction from Council; Investigate Free Trade Zone, Councilman Ackerly reported the only Free Trade Zone he was aware of was at Valdez. The advantage to this area would be to stimulate the economy and create jobs. It would create revenue for the municipality. He indicated that Seward was applying for a Port of Entry for the Peninsula and that would be an advantage to shipping and customs. Commissioner Eldridge suggested a letter be sent to Valdez and ask what is needed to apply for a Free Trade Zone, 7. CORRESPONDENCE a. Letter for Mayor Williams. Mayor Williams' letter was addressed by the Commissioners. Each point was discussed at length and the general consensus was to work on the dock facility plan and operating manual first, then to address the Mayor's letter at a future meeting. It was suggested by the Commissioners to go through page 99 of the Seward Boat Harbor Articles and Regulation. Red line and bring back to next meeting all ideas that would apply. b. Letter Requesting Information from other Cities. Letters were addressed earlier. All letters have not come as yet. KENAI HARBOR COMMISSION February 5, 1987 page -4- c. Letter Requesting Information from Fish Processors. No responses as yet. d. DOT/PF and Kodiak, Chairman Quesnel spoke with Planning Specialist Loper and asked for present status. She will be looking into this for further information in the operation of small boat harbors. 8. COMMITTEE COMMENTS AND QUESTIONS Commissioner Eldridge suggested that all review some of the ordinances as to how they may or may not pertain and consider fees that may be reasonable for this facility, Commissioner Thompson would like to establish purpose and dock space to processors and how to charge. Chairman Quesnel wanted to establish -who would run the facility and what authority they would have. Commissioner Page suggested the use of purchase orders to pay for fuel. Also, radio communication would be needed in the form of C.B. and VHF. Chairman Quesnel asked Director Kornelis to check with the FCC for radio license information. The next meeting of the Harbor Commission (February 19) , will be a work session. The Commissioners set their next regular meeting for March 12 th instead of March 5 th . On March 14th the Commissioners will travel to Homer to meet with the Harbor Master and look at the facilities there. ADJOURNMENT The meeting was adjourned at 9:20 p.m. Niva A. Aburto dba/Niva's Clerical Services for the City of Kenai 1, 4 11�1 "Z)..3 KENAI PARKS & RECREATION COMMISSION Minutes, Regular Meeting Tuesday, February 10, 1987, 7:00 p.m., AST Held, Kenai City Hall, Conference Room Presiding: Richard Hultberg, Chairman 1. ROLL CALL Present Absent Dick Hultberg Jerry Carlson Roger Seibert Marvin Siekawitch Cindy Salazar Dale Sandahl Jenni Lynn ( KCHS ) In attendance: Kayo McGillivray, Director, Parks & Recreation .� Art McComsey, City Council Representative Commissioner Sandahl wanted it noted that he should not be counted absent, as he was not informed of being on the commission for the last meeting. 2. APPROVAL OF MINUTES - January 13, 1987 The minutes were approved with the Roll Call/Absence of Commissioner Sandahl noted. 3. DIRECTOR'S REPORT Director McGillivray had nothing to report with the exception of a letter received today from the Peninsula Performers. The group is interested in putting on a Renaissance Faire this summer. The letter is asking about a location. Director McGillivray directed the group to Beaver Creek. The letter will be addressed at the next meeting. 4. OLD BUSINESS a. Budget. Director McGillivray reported on the budget for the Commissioners with general discussion and explanations. The KENAI PARKS & RECREATION COMMISSION February 10, 1987 page -2- budgets were broken down separately as Parks Budget, Recreation Budget, and g t' g ,, Beautification Budget. Each Commissioner was given a copy to follow for discussion and comments. MOTION Commissioner Seibert moved that the budget be approved and presented to Council. Commissioner Carlson seconded the motion. Chairman Hultberg called for a roll call vote. Richard Hultberg yes Jerry Carlson yes Roger Seibert yes Marvin Siekawitch yes Jennie Lynn yes Cindy Salazar yes Dale Sandahl yes The vote was unanimous in favor of the motion. 5. NEW BUSINESS KCHS Representative Jennie Lynn brought before the Commissioners the suggestion of starting a summer basketball program for the youth in the area. There was general discussion and it was suggested that this be done with volunteers in the area. Commissioner Sandah 1 suggested a basketball camp for Elementary, Junior High and High School age boys and girls. Director McGillivray will work with individuals to helpthem em set it up. KCHS Representative Lynn and Commissioner Salazar will work together to organize. It was further suggested that KCHS Representative Lynn conduct a surveythis spring in to Y P g find out interests and times. `) KENAI PARKS & RECREATION COMMISSION February 10, 1987 page -3- 6. Also brought into the discussion was the "Little Dribblers", sponsorships and contact with the schools to enlist support and interest. COMMISSION COMMENTS & QUESTIONS All present applauded and congratulated KCHS Representative Jennie Lynn for her newly won title of Alaska's Junior Miss. Commissioner Salazar will help Jennie Lynn with her project. KCHSRepresentative Lynn will work on the project with Commissioner Salazar. Commissioner Sandahl was welcomed to the commission by Chairman Hultberg and the Commissioners. Commissioner Sandahl asked about the lack of an R.V. Park and improvements at Cunningham Park, and also land across that could be f it into a combination of an R.V. Park and boat launch. Director McGillivray commented on this and the Commission's recommendation to Council about putting in an R.V. Park, Councilman McComsey reported on the Foster's that have begun a project of this nature. However, that's still in the planning stages. General discuss took place regarding a project like this. Chairman Hultberg wanted it noted that the Commission had a Perfect Attendance meeting tonight. ADJOURNMENT Meeting adjourned at 8:00 p.m. Niva A. Aburto dba/Niva's Clerical Services � for the City of Kenai KENAI ADVISORY LIBRARY COMMISSION February 3, 1987, Tuesday, 7:30 p.m., AST Held, Kenai Community Library Minutes of Regular Meeting Presiding: Linda Swarner, Chairwoman Present Linda Swarner Doug Emery Kathy Heus Susan Smalley Paul Turner Absent Chris Reynolds (unexcused) Meeting was called to order by Chairwoman Swarner at 7:38 p.m. In attendance: Chris Monfor, City Council Representative Emily DeForest, Library Director 1. ROLL CALL a. Roll was called. Five (5) commission members present and one (1) unexcused absent. b. Newly appointed. commission member, Ronnie Chappel, was unable to accept appointment. 2. APPROVAL OF AGENDA MOTION Commissioner Turner moved that the agenda be approved. The motion was seconded by Commissioner Emery. The motion passed unanimously. 3. APPROVAL OF MINUTES - January 6, 1987 Commissioner Heus would like the last name of Betty (Chittenden) added to the minutes. Ref: page 4, paragraph 5.(a). MOTION Commissioner Emery moved to accept minutes as corrected. The motion was seconded by Commissioner Turner. KENAI ADVISORY LIBRARY COMMISSION February 3, 1987 page -2- The motion passed unanimously. Commissioner Emery commented that he would like to see the minutes copied front and back so as to save on paper, a er. 4. DIRECTOR'S REPORT Director DeForest reported that the RFP was turned over to the City Attorney. The City Attorney indicated it was not legal as submitted and should be re -submitted on a three page request for proposal, one for each system, and have the bidders bid the system without specifications. There was general discussion on how to go forward with this proposal. Director DeForest further reported on the volunteer hours, 794, which equals 4 3/4 full time employees, and library cards issued, 599, some of which were renewals. There were 112 new library cards issued for December. The library is seeing a lot of new people. The new library cards issued require a physical address be listed. The half time employee is no longer with the library, but has indicated she will continue her work at the library after work. Commissioner Smalley suggested a letter of appreciation be written to Linda McNair for her outstanding work at the library and her continued interest. Chairwoman Swarner asked Commissioner Smalley if she would write the letter. Commissioner Smalley agreed. 5. OLD BUSINESS a. Budget. Director DeForest attended a meeting at city hall last week regarding the budget, Council Monf o r indicated she had discussed the budget with Mr. Brighten and reported interest was down on money invested and sales tax is down; however, services would remain, but there would be no additional services and no new employees would be added. KENAI ADVISORY LIBRARY COMMISSION February 3, 1987 page -3- Director DeForests I was. concerned • with repairs and maintenance, and if there would be an e • contract this Year, equipment service Chairwoman Swarner asked when the bu dget needs to be submitted. Director DeForest indicated by y the 18 th of February. Work sessions will probably be held in March. 6. NEW BUSINESS a. Goals of the Library Commission. Goals of the Library Commission and Objec tives were discussed and amended. Draft form of revised goals, goals achieved and new goals is attached. This will be brought before the commission at. the next meeting for approval. b. Revision of Library Policies. Chairwo man Swarner asked for suggestions on changes. Director DeFor est indicated the library hours have increased. The change was made to read: e. To keep the library open 6 days a week for at a total of 61.5. least Commissioner Turner suggested under MATERIA " MATERIALS, that all be taken out of the paragraph. MOTION Commissioner Emery moved that the "Policies" ed. Commissioner be approved as chap g ner Turner seconded the motion. Five in favor, one opposed. The motion ass • passed by majority. c. Revision of Rule Sheets. The rule sheet ' was discussed by the Commissioners with the following changes and suggestions. KENAI ADVISORY LIBRARY COMMISSION February 3, 1987 page -4- MOTION Commissioner Turner moved to change 3. ( b ) to Two dollars ($2.00). Commissioner Emery seconded the motion for discussion. Chairwoman Swarner called for a roll call vote. Linda Swarner - No Doug Emery - No Kathy Heus - No Susan Smalley - No Paul Turner - Yes Motion failed. Replacement Charges were discussed and changed as follows: 4. a. .50 cents c. .50 cents e. $2.00 b. .25 cents d. .50 cents f. $2,900 MOTION Commissioner Emery moved that the replacement charges are accepted as presented. Commissioner Heus seconded the motion. The motion passed unanimously. Damages were discussed and changed as follows: MOTION Commissioner Emery moved to change 5.(a) to Two dollars ($2.00). Commissioner Smalley seconded the motion. The motion passed. KENAI ADVISORY LIBRARY COMMISSION February 3, 1987 page -5- Commissioner Heus asked for a roll call vote to reconsider the motion. Chairwoman Swarner called for a roll call vote. Linda Swarner - No Doug Emery - No Kathy Heus - Yes Susan Smalley - No Paul Turner - Yes The motion failed. MOTION Commissioner Smalley moved that the Rule Sheet be adopted as amended. Commissioner Emery seconded the motion. The motion passed unanimously. d. Chairwoman Swarner asked that the meeting next month be cancelled as the Chairwoman would not be available. Everyone agreed to cancel. e. Ad d r e s s Update, Chairwoman Swarner confirmed the address' and phone numbers of the Commissioners. All were correct as listed. 7. COMMISSION COMMENTS AND QUESTIONS Commissioner Heus asked for some discussion regarding some form of deposit required of library patrons and location of residence requirements. This was for everyone to think about for future discussion. It was suggested to contact Seward, Ketchikan and Kodiak and ask what their requirements are. Commissioner Heus also commented on her appreciation for the secretary. KENAI ADVISORY LIBRARY COMMISSION February 3, 1987 page -6- Commissioner Emery had no comment at this time. Commissioner Smalley had no comment at this time. Commissioner Swarner stated that Director DeForest did not win the Log Cabin Award at the Chamber, but still thinks she deserves it for her service above and beyond the call of duty. ADJOURNMENT The meeting was adjourned at 9:30 p.m. Niva A. Aburto dba/Niva's Clerical Services for the City of Kenai DRAFT GOALS OF THE LIBRARY COMMISSION Revised and Updated: February 3, 1987 GOAL A: Review and implement a master plan of the library during 1987. Objective 1: Expansion of the library facilities amended in March, by 10,000 square feet by 1991. GOAL B: Make recommendations to the council regarding capital and other improvements to the library, Objective 1: Complete selection and purchase of in-house computer catalogue and automated charge system during 1987. Objective 2: Increase the library equipment in 1987. ' Priority list of equipment is as follows, but not limited to: Telefax Facsimile C/D ROM Re a d e r h" VHS player with monitor (combo unit) Computers with printers (from 1 to 3) Video compact disc player Audio compact disc player Objective 3: By 1991 explore the feasibility of a bookmobile for local service use. Objective 4: By 1992 examine the feasibility of a satellite library given population growth and changes in population density. GOAL C: Make recommendations to the library and council to improve library services. Objective 1: Continue to recommend to the City Council that an increase be made in the funding for books and other library materials. Objective 2: Continue to increase interlibrary loans and � promote state support of same via funding and personnel. DRAFT Goals of the Library Commission page - 2- Objective 3: Maintain utilization of the activities room. Objective 4: By 1989, increase library personnel including, but not limited to, an Assistant Librarian. Objective 5: By 1989, explore the feasibility of telecommunications as a means of increasing patronage. Objective 6: Continue to support the Kenai Community Library, Inc., in its efforts to increase outside fiscal support of the library and its services. Objective 7: Continued public recognition of volunteer efforts and paid staff, and increase public awareness of the library and its services through the local media. Objective 8: By 1990 consider the addition of loan programs: for example, specialized toys, compact audio discs, or pieces of art, and computer software. Objective 9: By 1989, increase library hours on Friday and Saturday and consider having Sunday hours. GOALS ACHIEVED 1. Typewriters were purchased. Now have three public use typewriters. 2. Ms. DeForest has completed a comprehensive bid prospectus for an in-house computer catalogue and automated charges. Which includes: 10 public access terminals 5 dial in ports 2 terminals, 1 at reference desk, 1 in center library for employees DRAFT Goals of the Library Commission page -3- Proposal also includes; a bibliographic maintenance unit, circulation unit, card catalogue, acquisitions and serials. 3. Volunteer efforts have been recognized. 4. Newspaper recognition. 5. Open house for the library addition. 6. Saturday hours have been increased from 8:30 to 5:00 70 Activities Room has increased its utilization • such as, City meetings, Organizational meetings, Friday Night Movies and Tudor program. 8. Obtained computer software. 9. Increased patronage. NEW GOALS 1. Continued school contacts in cooperation with schools. 2. Increase access of library services to school age children. 3. Increase services to blind and physically handicap. 4. Continued cooperation and access of library services for Wildwood Inmates. 5. Reference service by 1990. 6. Annual review of library policies and rules. KENAI CITY COUNCIL MEETING MINUTES FEBRUARY 4, 1987 KENAI CITY HALL MAYOR JOHN J. WILLIAMS, PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Ackerly, Williams, Bailie, Monfor, Wise, McComsey Absent: Measles A QUORUM IS PRESENT. A-1 PUBLIC HEARING - Appeal of Kenai Peninsula Borough Planning Commission - Request for Vacation of 634 feet between Angler Drive and Kenai River, Anglers Acres. Appeal made by D. McKechnie, J. Foster, G. Foster, S. Foster and D. Brown. Mayor Williams informed the audience of. the rules of the appeal hearing, i.e., the Council Meeting will recess during the appeal as it acts as an Appeal Board. After the appeal is concluded, the Council Meeting will reconvene. Each witness will be sworn in by the Clerk. There were no questions from the Council or audience. Mayor Williams explained that minutes of the Kenai Peninsula Borough Planning & Zoning Commission; City of Kenai Planning & Zoning Commission; letters of recommendation from the State of Alaska Department of Fish & Game, etc. were included in the packet. MOTION: Councilman Wise MOVED that the minutes of the Kenai Peninsula Borough and City of Kenai Planning & Zoning Commissions be admitted as evidence. Councilwoman Bailie SECONDED the motion. MOTION PASSED UNANIMOUSLY. Mayor Williams requested speakers from the appeal group to begin. Mr. Steve Foster was sworn in and spoke for his group. Mr. Foster stated that because of the amount of negative feedback that they have received with regard to their proposed project, they want to withdraw their appeal at this time. They would like to re-evaluate their proposal and restructure it so that it will be acceptable for everyone involved. They will submit their restructured proposal to the City of Kenai Planning & Zoning Commission. Mayor Williams asked if any of the other petitioners would like to speak. There were no others. Mayor Williams closed the matter and the Appeal Board was adjourned. Councilman Wise MOVED to vote on the issue. Councilman Wise stated that he felt that action should be taken on the appellant's request. Attorney Rogers submitted that because the appellants withdrew their appeal, it would not be appropriate to vote on the issue at this time. With the withdraw of the appeal, there is nothing on which to vote. If the Appeal Board voted on the issue at this time and the appellants resubmitted their proposal to the Planning & Zoning Commission and were turned down, the Appeal Board would be prejudiced at the time it would hear the appeal again. Mayor Williams stated that there was nothing to argue and so, nothing on which to vote, but would hear a motion if stated. There was no motion. Matter closed. 1 An unidentified gentleman from the audience who attended the appeal in order to speak asked if he and others attending for that purpose would have to come back to another meeting and would not be heard at this time. Again, Mayor Williams explained that since the appeal was withdrawn, there was nothing more to hear. The gentleman asked if he would be able to speak at the end of the Council Meeting under "Persons Present Not Scheduled to be Heard." Answer was yes. KENAI CITY COUNCIL MEETING RECONVENED. A-2 AGENDA APPROVAL. Mayor Williams requested the following changes in the agenda: 1. That Item C-8, Resolution 87-6, Bradley Lake Project and Intertie be moved to Item C-1. 2. Items C-1, Ordinance 1133-87, amending Kenai Municipal Code, New Townsite Historic Zone; C-5, Ordinance 1188-87, amending Kenai Municipal Code, Encroachment Permits; and C- 6, Ordinance 1189-87, amending Kenai Municipal Code, Landscaping/Site Plan, be removed from the agenda pursuant to a memorandum distributed to the Council prior to the Council Meeting. All three ordinances are needing work and will be resubmitted to the Planning & Zoning Commission, then sent back to the Council. 3. Move Item H-4, Selection of Auditor to Item B-1. MOTION: Councilman Wise MOVED to approve the Agenda as amended and Councilwoman Bailie SECONDED the motion and requested UNANIMOUS CONSENT. SO ORDERED. A-3 CONSENT AGENDA. Mayor Williams requested that the following items be added to the consent agenda: 1. Item C-11, Pizza Paradisos, Elks Lodge #2425 and American Legion Post 20, Renewal of Liquor Licenses. 2. Item C-12, The Rig Bar and Italian Gardens, Renewal of Liquor Licenses. 3. Item C-13, Oaken Keg #58 and Kenai Country Liquor, Renewal of Liquor Licenses. 4. Item C-14, Larry's Club, Peninsula Oilers, Uptown Motel, VIP Restaurant & Lounge,and Windmill Restaurant, Renewal of Liquor Licenses. 5. Item C-12, Little Ski Mo Drive Inn and Item C-14, Kenai Merit Inn be moved to February 18, 1987 Council Meeting. 6. Councilwoman Monfor requested that Item C-14, One Stop Liquors be removed from the Consent Agenda in order to discuss the matter. 7. Councilman Wise requested that Item H-3, Ordinance 1190-87, amending Kenai Municipal Code, Form Airport Commission, be removed from the consent agenda in order that the ordinance be discussed. 2 MOTION: Councilman Wise MOVED for approval of the Consent Agenda as amended and Councilwoman Monfor SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM B. PERSONS PRESENT SCHEDULED TO BE HEARD. B-1 (Moved from H-4) SELECTION OF AUDITOR. Mayor Williams stated that the Council would be choosing the auditor for the City of Kenai for years 1987, 1988, and 1989. He referred to a memorandum in the packet by Charles A. Brown, Finance Director. Mayor Williams asked Mr. Brown which firm would be the better choice in his opinion. Mr. Brown stated that he felt they were both very good firms, but that Peat, Marwick, Mitchel would be who he prefers due to their being the auditors for the past years and they are well acquainted with the City of Kenai's financial records and procedures. Peat, Marwick, Mitchell was represented at the meeting by Kathy Porterfield. Ms. Porterfield spoke to the Council on her company's behalf saying that she felt their service to the City should stand for itself and that there would be extra cost to the City if they chose a new firm to do the work. Mr. Bill Coghill represented his firm, Mikunda, Cottrell. He spoke to the Council and explained that though their cost would be more for the first year, it would subside over the next three years. He spoke of the company's qualifications and other entities that they audit. He explained that all their employees are Alaskan people and during their time as auditor to the City, 75% of their employees working on the City's audit would be people from the Kenai area. Councilman McComsey asked if Mikunda, Cottrell had audited for the City of Kenai before. Answer: No. Mr. Coghill stated that his firm submitted a bid three years ago, but were not successful in acquiring the work. MOTION: Councilwoman Bailie MOVED that the bid for the audit service for the City of Kenai for years 1987, 1988, and 1989 be awarded to Mikunda, Cottrell for $49,500. Councilwoman Monfor SECONDED the motion. Discussion: Councilwoman Monfor stated that she felt that the City should support the local firm, that the City should keep as much money as possible in the local area. Councilwoman Bailie agreed. B-2 HEA Representative, Alaska Power Authority Representative - Report on Bradley Lake Project. Mr. Lee Nunn, Chairman of the Board of the Alaska Power Authority was introduced and spoke to the Council stating the position of the Power Authority and what they feel are advantages to the Bradley Lake Project and Intertie. He discussed the costs of the Bradley Lake over coal and gas plant proposals and the overall savings that the Bradley Lake Project would bring to the State. Mr. Nunn requested the City of Kenai's support in the Bradley Lake project. Mr. Kent Wick, Manager of the Homer Electric Association discussed the impact that the Bradley Lake Project would have on power supplies. He discussed the expected future growth and needs of power and past growth. Mr. Wick supports the Bradley Lake Project and also requested the City of Kenai's support in the project. ITEM C. PUBLIC HEARINGS. Mayor Williams suggested a short recess while Council had a chance to read over the several proposed Resolutions 87-6 (A through C) and a new proposed (D) which he submitted to the Council this evening. Recessed at 8:00 p.m. 8:10 p.m. Council Meeting called back to order. C-1 (Moved from C-8) RESOLUTION 87-6, Bradley Lake Project and Intertie a. Support of Bradley Lake b. Support of Intertie C. Support of Both d. Support of Both MOTION: Councilwoman Bailie MOVED to adopt Resolution 87-6-D in support of the Bradley Lake Hydroelectric Project/Railbelt Energy Intertie System and SECONDED the motion. Councilwoman Bailie requested UNANIMOUS CONSENT. No Objections. SO ORDERED. C-2 Ordinance 1133-87, Amending Kenai Municipal Code, New Townsite Historic Zone -- REMOVED FROM AGENDA. C-3 Deleted C-4 Ordinance 1186-87, Increasing Revenues and Appropriations, Physical Exam for Senior Citizen Employee, $50. Councilman Ackerly MOVED for adoption of Ordinance 1186-87 and Councilwoman Bailie SECONDED the motion. Vote: Wise - Yes McComsey - Yes Monf or - Yes Bailie - Yes Measles - Absent Ackerly - Yes Williams - Yes MOTION PASSED UNANIMOUSLY. 4 C-5 Ordinance 1187-87, Increasing Revenues and Appropriations, State Grant Donations, Library, $3,383. Councilman Ackerly MOVED for the adoption of Ordinance 1187- 87 and Councilwoman Bailie SECONDED the motion. No comments from Council or audience. Vote: Wise - Yes McComsey - Yes Monfor - Yes Bailie - Yes Measles - Absent Ackerly - Yes Williams - Yes PASSED UNANIMOUSLY. C-6 Ordinance 1188-87, Amending Kenai Municipal Code, Encroachment Permits -- REMOVED FROM AGENDA. C-7 Ordinance 1189-87, Amending Kenai Municipal Code, Landscaping/Site Plan -- REMOVED FROM AGENDA. C-8 Resolution 87-5, Supporting Kenai Peninsula Community College. Councilwoman Monfor MOVED for approval of Resolution 87-5 and Councilwoman Bailie SECONDED the motion and requested UNANIMOUS CONSENT. No questions from Council or audience. No objections. SO ORDERED. C-9 Resolution 87-7, Opposing Recording of Trade Name Alaska Seafood Company to Arizona Firm. Councilwoman Monfor MOVED for adoption of Resolution 87-7 and requested UNANIMOUS CONSENT. Councilwoman Bailie SECONDED the motion. There were no comments and no objections. SO ORDERED. C-10 Resolution 87-8, Awarding Bid, Baggage Conveyor, Trico Construction, $24,500. Councilman Ackerly MOVED for adoption of Resolution 87-8 and requested UNANIMOUS CONSENT. There were no questions or comments. SO ORDERED. C-11 Renewal of Liquor License - ADDED TO CONSENT AGENDA. C-12 Renewal of Liquor License - ADDED TO CONSENT AGENDA, except Little Ski Mo Drive Inn. C-13 Renewal of Liquor License - ADDED TO CONSENT AGENDA. C-14 Renewal of Liquor License - ADDED TO CONSENT AGENDA, except Kenai Merit Inn. One Stop Liquor was removed from the Consent Agenda. Discussion opened. Councilwoman Monfor stated that she objected to the renewal of this liquor license due to the store not being built as yet and the manner in which the license was acquired from the beginning. Councilman Ackerly agreed. Since the store has not been built as yet, the liquor license has not been in use. Mr. Ackerly suggested a letter of objection be sent to the ABC Board. 5 MOTION: Councilman Ackerly MOVED to have a letter of objection sent to the ABC Board and Councilwoman Bailie SECONDED the motion. Discussion: Councilman Wise stated that he felt the motion should be amended to include the grounds for the objections. AMENDED MOTION: Councilman Ackerly MOVED to amend the motion and include the following reasons for the letter of objection: 1. The method of the posting of the property where the package store license was going to be used. 2. Other parties interested in the license could have been in business at this time if the license had been awarded to someone else. The City is not receiving any revenues from the license. 3. Disruption of the entire neighborhood. 4. Property value lost of homes and property from the clearing of the lot for the store and baring the homes to the highway. Councilwoman Monfor SECONDED the motion to amend. Roll Call Vote was taken. Vote on Amendment to Motion: Wise - Yes McComsey - Yes Monfor - Yes Bailie - Yes Measles - Absent Ackerly - Yes Williams - Yes MOTION PASSED UNANIMOUSLY. Vote on Main Motion: Wise - Yes McComsey - Yes Monfor - Yes Bailie - Yes Measles - Absent Ackerly - Yes Williams - Yes MOTION PASSED UNANIMOUSLY. D. COMMISSION REPORTS. D-1 Planning & Zoning - Minutes in packet. D-2 Harbor Commission - Meeting set for February 5, 1987. Will be swearing in the new members of the Commission. D-3 Recreation Commission - Meeting Tuesday, February 10, 1987. D-4 Library Commission - Chairperson Linda Swarner reported to the Council on the number of volunteers and their hours working at the Library. She also reported that at their 6 last meeting, the Commission set out their goals and objectives for the coming year. These will be included in the minutes of their meeting and in the next packet. - February Library calendars were passed out to the Council. E. MINUTES E-1 Regular Meeting, January 21, 1987, approved by Consent Agenda. F. CORRESPONDENCE F-1 Approved by Consent Agenda. F-2 Approved by Consent Agenda. F-3 Mayor Williams stated that he felt that Item F-3, Sitka Mayor Keck, Urging State to Maintain Trooper Academy requires an answer. MOTION: Councilwoman Monfor MOVED that a resolution be introduced at the next meeting supporting Mr. Keck's letter regarding the retainage of the Alaska Public Safety Academy in Sitka and Councilwoman Bailie SECONDED the motion. Councilman Ackerly requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. F-4 Senator Stevens letter regarding funding for moving of FAA towers. Mayor Williams reported that he and Bill Brighton met with Senator Stevens and discussed the moving of the antenna farm. They did not receive much encouragement. Senator Stevens suggested that the City of Kenai use its money on this project. As there is a potential for the Air National Guard to locate in Kenai there may be some chance of the moving of the antenna farm to be included in their budget. The subject of moving the antenna farm will be discussed again in the near future. Mr. Brighton reported that he had written a letter to Senator Stevens and included a list of projects of which the antenna farm was one. The letter in the packet was an acknowledgement of his letter from Senator Stevens. G. OLD BUSINESS There was no old business. H. NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified. MOTION: Councilwoman Bailie MOVED for approval of the bills to be paid and bills to be ratified and requested UNANIMOUS CONSENT. Councilwoman Monfor SECONDED the motion. There were no objections. SO ORDERED. H-2 Requisitions Exceeding $1,000. MOTION: Councilwoman Bailie MOVED for approval of the requisitions exceeding $1,000 and requested UNANIMOUS CONSENT. Councilwoman Monfor SECONDED the motion. There were no objections. SO ORDERED. 7 H-3 Ordinance 1190-87, Amending Kenai Municipal Code - Forming Airport Commission. This Ordinance was pulled from the Consent Agenda. MOTION: Councilman Ackerly MOVED for introduction of Ordinance 1190- 87 and Councilwoman Bailie SECONDED the motion. Discussion: Mayor Williams stated that he has not yet made a final decision of who he will place on the Commission, but will have made a decision by the next Council Meeting where he plans on introducing those members to the Council. He explained that he kept Ordinance 1190-87 short so that the Commission can write the parameters and concept of what the Commission is to be. Councilman Wise stated under 21.25.010, he would like the Commission to be limited to airport aeronautical lands. He also suggested that in subparagraph (2) of 21.25.010, the _ word "investigate" should be changed to "monitor." He added that the Commission should be aware of what is going on at the airport and should receive a monthly report from the airport manager. P g Mayor Williams again stated that the ordinance was written loosely so that the Commission can write the parameters and concept. Councilman Wise asked if the ordinance will then go through the City Attorney for his okay. Answer: Yes. Councilman Ackerly asked what the composition of the Commission members would be. Mayor Williams stated that at this time he has a FBO representative; terminal lease representative; at large representative; Civil Air Patrol representative; Air National Guard representative and representative from business sector of the community. Mayor Williams added that Senator Stevens has envisioned the Air National Guard situating in Kenai and he will be speaking with Senator Stevens in Juneau regarding this matter this week. Councilman Wise asked who would be re -working the ordinance prior to it being brought back to Council at the next meeting. Mayor Williams answered that he and the Acting City Clerk would be working on it. Vote on Motion: Councilman Wise requested UNANIMOUS CONSENT for introduction of Ordinance 1190-87. There were no objections. SO ORDERED. H-4 Selection of Auditor - Moved to B-1. H-5 Games of Chance & Skill - Eagles #3525 Auxiliary. Approved by Consent Agenda. H-6 Games of Chance & Skill - Emblem Club #455, Approved by Consent Agenda. H-7 Games of Chance & Skill - Pioneers of Alaska #16, Approved by Consent Agenda. H-8 Games of Chance & Skill - Kenai Chamber of Commerce, Approved by Consent Agenda. H-9 Games of Chance & Skill - American Legion #20, Approved by Consent Agenda. 8 H-10 Games of Chance & Skill - American Legion Auxiliary, Approved by Consent Agenda. H-11 Consent to Assignment of Lease - CIIAP - Federal Savings & Loan to First Federal. MOTION: Councilman Wise MOVED for approval of the Assignment of Lease, CIIAP, Federal Savings & Loan to First Federal and Councilman Ackerly SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. I. ADMINISTRATION REPORTS I-1 City Manager Suggests scheduling a work session with the Borough for February 16, 1987 regarding the comprehensive plan. The City of Kenai has not decided whether to adopt it or to amend it. Consensus of the Council was to make it early, perhaps 6:00 p.m. City Manager will set it up. City Manager stated that there is a veteran's ' group from the ., area that is interested in placing a veterans memorial within the City. Councilwoman Bailie suggested group meet with the Beautification that the Committee and work together on this proposal. Perhaps the veterans memorial could be placed within the Memorial Park which is being developed. Mr. Brighton reported to the Council that there had been a suggestion at a Council Meeting to discuss with Jill and Wm. Burnett the possibility of a land trade in order that they will have accessibility to their property. Mr. Brighton stated that he told the Burnett's that the trade would be on a value for value basis. The Burnett's are considering the } trade and will be in.touch with Mr. Brighton. Mr. Brighton discussed with the Council a fish tax bill passed by the legislature which would give back 50% of the fish tax paid by the fish processor and 50% of the fish tax would go to the State of which a portion will return to the City. Salamatof Seafoods has applied. City Attorney Rogers is studying the legislation. City Manager stated to the Council that the State is now in absolute turmoil in regard to the budget. He encouraged the Council to consider putting on hold some of the projects that are not absolutely necessary until a time when the budget is more certain, such as painting and carpeting City Hall, the Memorial Park, new street lights. There was some discussion regarding the street lights and whether this project could be put on hold. Public Works Director Kornelis stated that the purchase orders have been issued and whether HEA has put out work orders and scheduled the work is unknown to him. He will check into this and if the project can be put on hold, he will report. Mr. Brighton stated to the Council that he has already met with all of the department heads, etc. and impressed upon them to be conservative in their budgeting for the next year and if possible, cut back what has been budgeted for this year. Councilwoman Bailie suggested Barabara Drive paving project be put on hold. There was discussion of whether the money appropriated from State monies could be placed in the general fund or could be diverted. 9 Mr. Brighton reported that word came from the State today that the Recording Office at the Court House would be closed. There will be other recording offices in the state closed also, leaving only Juneau, Anchorage and Fairbanks offices open. MOTION: Councilman Ackerly MOVED to direct Administration to contact HEA and alert them to our situation and ask if the project can be put on hold. Councilman McComsey SECONDED the motion. Vote: Wise - Yes McComsey - Yes Monfor - Yes Bailie - Yes Measles - Absent Ackerly - Yes Williams - Yes MOTION PASSED UNANIMOUSLY. MOTION: Councilwoman Monfor MOVED to take money from Barabara Drive project and divert it to Aspen (she was not sure of the name, but the street going along side the Malston home going back to Mahurin home) and Councilwoman Bailie SECONDED the motion. Discussion: Finance Director Brown was unsure of whether this could be done as he is not sure of what the ordinance placing the money in a fund for the Barabara Drive project says. He will check. Mr. Brighton asked Mr. Kornelis if the project is being done on an alternate basis. Answer: Yes. Mayor Williams asked Attorney Rogers his thoughts. Mr. Rogers stated that he though caution should be taken with more input before designating the monies to something else. On a legal standpoint he has some reservations without having a public hearing, etc. Councilman Ackerly stated that he had no problem with putting the project on hold, but had a problem with reappropriating. Councilwoman Monfor added that she is worried about losing the monies if not used. Mr. Kornelis stated that he is supposed to receive the final plans this week. The project is set to be bid as soon as possible. He suggests going ahead at this point, and changing later if necessary. Councilwoman Monfor retracted her motion. QUESTIONS TO CITY MANAGER. Councilwoman Bailie asked if the City Manager could report back at the first April meeting how the financial picture looks. Mr. Brighton answered that he would be able to report on that in early March. Councilman Ackerly asked if perhaps the Municipal League could be asked to write to the State and encourage them to notify the affected governments prior to April 15, 1987 of 10 what their funding level will be. Mr. Brighton answered that he did not feel it would be a good idea at this time. The State will address the funding in good time, and he does not think it would be good to force the State. Councilman Wise stated that about three months ago Administration was requested to structure a proposal for an effective tie -down plan at the airport and asked if the proposal had been put together. Airport Manager Ernst answered that he had met with persons from Merrill Field because of the Council members impressions of their operation in Anchorage. He has information on file, but did not realize that it was requested for February. He will have the proposal to the Council by the end of February. Councilman Wise requested that it be sent through the City Attorney for his opinion. I-2 City Attorney Report. Attorney Rogers reported first on the float plane basin, explaining that he is awaiting an order from the Court granting possession of the property. Wildwood Development is not protesting the taking of the property, however they are protesting the worth of property set by the appraiser. He will keep the Council informed of any offers made. He expects that there will be trial at some point, however the �. airport manager will be able to finish his applications, etc. Due to the load at the Court House, it may be some time before the order for possession will go through. Mr. Rogers stated that the City Manager had signed the closing documents on the D&A (Steinbeck) sale. The City is in first position. $40,000 represents the D&A indebtedness to the City. Mr. Rogers advised the Council that he will not be in attendance at the March 3, 1987 meeting, however the legal assistant will sit in for him. Mr. Rogers also advised the Council that due to cuts in law enforcement in the Attorney General's office, they should be prepared to see municipalities handling more collections and prosecution of misdemeanor actions. The State will be looking for ways to lessen their caseloads and will be looking toward placing burden on municipalities. Hopefully municipalities will be able to work together to prevent this. I-3 Mayor Report 1. Matter of Sallie Bailie requesting to be a delegate to the Resource and Development Conference in Anchorage on April 2 and 3, 1987. Mayor Williams would also like to attend. It is a two-day conference and the money has been budgeted. 2. The Alaska Municipal League is needing nominations for one at -large board member. Mayor Williams asked the Council if they had any nominations. Councilman Ackerly nominated Mayor Williams to directorship and Councilwoman Monfor seconded the nomination. Mayor Williams accepted the nomination. Decision will be made by Alaska Municipal League. 3. Mayor Williams also reported on the closing of the Recording Office. He spoke with Representative Navarre already and impressed upon him the importance of not closing this office and the effect the closing will have on the area, i.e. title companies, City business, banks, etc. it 4. Possible closing of one of the elementary schools in Kenai. Possibilities for using the Kenai Elementary School might be to use part of the building for the School District Administrative Offices and the other portion of the building as elderly housing; use the building for civic functions; or dispose of the building by sale. The School District will be making the decision. 5. There are vacancies on some of the commissions. He will be filling the seats as soon as possible. 6. The Bicentennial Committee has suggested that the City contact all the remaining Charter Committee to be involved in the celebration. They are gathering pictures of all past mayors also. 7. Mayor Williams asked if the franchise fees were paid by Marathon and Union Oil. Finance Director Brown answered KUSCO paid for the use of the right-of-ways. Enstar paid under protest last year and have not made a payment this year. 8. Mayor Williams reported that the Economic Development t Committee had discussed the relocation costs. Mr. Rogers stated that the question has not cleared the Courts at this time. ,4g 9. Mayor Williams reported that the Economic Development Committee had their meeting February 3, 1987. They discussed mill rates and budgets. I-4 CITY CLERK REPORT. There was no report. I-5 FINANCE DIRECTOR. There was no report, however Councilwoman Monfor asked about the status of Friendship Air. Mr. Ernst answered that they are still waiting on insurance coverage. I-6 PUBLIC WORKS DIRECTOR. There was no report. I-7 AIRPORT MANAGER. There was no report. J. PERSONS PRESENT NO SCHEDULED TO BE HEARD 1. Mr. John Cook spoke to the Council regarding the appeal of the vacation of the right-of-way on Angler Drive. He did not have objections to the vacation until the prior evening when he was questioned by reporters and learned that their proposal included a RV park. He is concerned that this proposal may have been allowed by the Council without other property owners being notified and allowed to speak to the matter. He was assured by the Council that the RV park portion of the proposal had not been before them before -and they would not act on such a proposal without hearing from the property owners. Mr. Cook stated that there had been an ordinance passed in 1984 allowing developers to open a gravel pit for development later. Councilman Wise interjected that it had been a conditional use permit. Mayor Williams directed the Acting City Clerk to find the conditional use permit in regard to this gravel pit development and include it in the packet as an informational item for the next meeting. 12 2. Father Targonsky spoke to the Council regarding the letter of protest they had directed to be written earlier in the evening for the One Stop Liquor store. He stated that he understood the license was being transferred to Omni Foods and had questions regarding the statutes involved. Mayor Williams stated that they would not be involved in knowing whether the license was being transferred. He suggested that Father Targonsky direct his questions to the ABC Board. A question was asked why there were objections to the Kenai Merit Inn and the Little Ski Mo Drive Inn liquor license renewals. City Attorney Rogers answered that the Kenai Merit Inn asked that they be moved to the February 18, 1987 meeting and because there were objections from the Borough regarding taxes paid or not paid by Little Ski Mo necessitated them being moved to the February 18, 1987 meeting. 3. Clarence Ladd spoke to the Council regarding the amount of members on the Mayor's Council on Aging and the apparent conflict their by-laws have with the Standard Procedures for Boards, Commissions and Committees (allowing only seven members). Mayor Williams asked the City Attorney to review this matter. COMMENTS FROM THE COUNCIL 1. Councilman McComsey stated that he has been requested by the Frontier Training Center to ask the Caucus to write a resolution to the Governor to request that $90,000 be put back into their budget. Frontier Training Center is a training center for severely handicapped persons. He would like the City to write a resolution saying that they support the caucus's efforts. It was suggested that the City supports their efforts for monies being returned tolthe Frontier Training Center's budget at a level commensurate with the State cuts. Mr. McComsey also suggested that Mr. Larry Simmons, Borough Treasurer speak to the Council. Mr. Williams stated that Mr. Simmons was scheduled to speak to the Economic Development Council on February 18, 1987 and perhaps Mr. Simmons could, after speaking at that meeting, come to the Council meeting and be heard. It was suggested that perhaps Mr. Simmons could come to the work session scheduled for February 16, 1987 instead. Administration will check with Mr. Simmons. Mr. McComsey requested a letter be written to Jan Faiks and relate the City's views on placing the terminus in the Kenai area. Mayor Williams stated that he planned on meeting with Ms. Faiks while in Juneau. 2. Councilwoman Monfor suggested to the Mayor that a steering committee be formed in regard to the 200th birthday of the City of Kenai as it would be something positive the City could do in working with the Chamber. She also suggested that Alan Boraas be requested to be involved in the committee. Councilwoman Monfor asked Mr. Kornelis about the ongoing j problem with street lights out on the Spur Highway. Mr. 1 Kornelis stated that those lights are the State's responsibility. Councilwoman Monfor asked the Recreation Director about the snow machines that have been running over the property at 13 the recreation center. Mr. McGillivray passed the question on to Chief of Police Ross. Chief Ross stated that information is being circulated on the new off -road vehicle ordinance. 3. Councilwoman Bailie spoke to the Council regarding the information sent to them by Mrs. E.D. Henderson and her appeal to the Liquor Control Board to regain her liquor license. MOTION: Councilwoman Bailie MOVED that a letter be written to the Liquor Control Board on behalf of Mrs. Henderson, supporting her efforts and ask that all restrictions and stipulations be removed from her liquor license. Councilwoman Monfor SECONDED the. motion. Councilwoman Bailie requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. MEETING ADJOURNED at approximately 10:30 p.m. 14 H �1 CV) O c0 cn cn O� q r- m 00 O �O O 00 cn 00 00 N cn -t O r- w O VO O -t w O 00 m %O m O _7 O w O 00 w r-1 N w �t w �O w w N O N r-I O O O N O cd O 41 rl 4 C1 oo U) cd41 Ea H 41 W 0 r-1 cd 4 $4 O 0 $4 41 0 � � U 41 H H 41 x W x V U u H $4 O $4 O $4 O cd cd to U U G1 U co LL+ E-+ E-a H Cd Cd 0 Z 0 CO 04 •° �° �° 0 •r 1 14 1 s.+ a $4 $ a U > U V > > > U C) (D b0 b0 cd cd m � x V Cd cl U) � o o 0 -H Cd Cd r Cl • u z 41 o p -HG a, o a) Cd cTJ 41 o r- z r-, w z z cd z N x .a a 00 � • w $4 cn � a) (1) >N > > rn W $ cd .n p cd w cd w cd cV Cd CdA A ��i cdh E4 co •� m AS O U • • z w 'r1 r+ w 0 0 0 0 a� H u V H d $4 O 4 $4 U 41 cd pOCi H r-I -H a t~ p w o 0 0 cd o 1 4) rz cad C4 0 r01 41 w w z w x a F+ z y - a co 00 00 00 � O �O 00 O CN N CV cn e--1 H rl -ri �rl as as W cn M Cn 00 0o ao 00 cd co C13 to 00 00 a� w > a) W > 00 Cd� Cd� 03 EE-+ 001 A 0 A 1 w 0) 60 0) CV O O U 0 0 U d � x x fY. A U U U U t-+ N U z A O U X.O rCrC W W z R3 0 %r4 ~ 0 co z .-+ OL-4 U O O w w O O w 44 N O O O 1-1 L 1J H N 41 F-I H • H o w a a) v a) U u u u u O O O 0 A a C7 C7 C7 C� w 0 z 0 H H N H C aJ W a QO �o O 4 � N r-+ u 0 U 0 � 01 tocc x oc $4 a o u .c W Suggested By: Administration CITY OF KENAI ORDINANCE 1185-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE ANIMAL CONTROL PROVISIONS, KMC 3.05.010, "DEFINITIONS," KMC 3.05.060, "PENALTIES AND REMEDIES," KMC 3.05.070, "CITATION PROCEDURES," AND KMC 3.10.020, "CONTROL AND CONFINEMENT OF ANIMALS." WHEREAS, a large per capita population of domestic animals within the City of Kenai poses potential threats to human beings and other domesticated animals; and, WHEREAS, it is the desire of the City Council to provide for different penalties for different gradations of aggressive animal behavior; and, WHEREAS, in order to protect the safety of the citizens of Kenai, a mechanism should exist whereby animals which pose a threat to human beings or other animals can be ordered destroyed by a court of competent jurisdiction. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the Kenai Municipal Code, Sections 3.05,010, 3.05.060, 3,05.070 and 3.10.020 be amended as defined on the _attached pages. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of March, 1987, JOHN J. WILLIAMS, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: February 18, 1987 Second Reading: March 4, 1987 Effective Date: April 4, 1987 (2/12/87) Section 1: 3.05.010 Definitions: As used in Title 3. (1) "Animal" means all domestic or domesticated members of the Kingdom Animalia. (2) "At large" means not under restraint. ( 3 ) "Cat" means a domestic or domesticated member of the family Felidae. (4) "Current rabies vaccination" means a vaccination: (i) as specified in the "compendium of animal rabies vaccines" prepared by the Rabies Subcommittee of the National Academy of Sciences and by the National Association of State Public Health Veterinarians, Inc. (1978) ; (ii) administered in accordance with state law; and (iii) evidenced by a rabies vaccination certificate in a form approved by the State Division of Public Health. (5) "Dangerous Animal" means any animal which due to improper or inadequate supervision or control has done an act harmful in its character to human beings or animals, regardless of whether the act is done in a playful or hostile manner. (6) "Dog" means a domestic or domesticated member of the family Canidae. (7) "Dog fancier's facility" means a premises where a person owns five or more dogs over the age of four months, and which is neither a kennel nor a dog musher's facility. (8) "Kennel" means a premises where a person owns four or more dogs over the age of four months in the operation of a business subject to taxation under AS 43.70, which business includes the buying, selling, training, boarding, or breeding of dogs. (9) "Impoundment" means: (a) The seizure of animals by the methods set forth in KMC 3.25.010(d). (b) Seizure of a vicious animal. (10) "Officer means a person charged by law with the duty to enforce provisions of this title. (11) "To own an animal includes having title, keeping, harboring, and having custody or control of an animal. (12) "Person" includes individual, joint venture, partnership, corporation, or unincorporated association. (13) "Restrain" means: (i) physical confinement, as by leash, chain, fence, or building; or (ii) under competent voice control when an animal is engaged in an activity or form of training requiring that it not be physically confined; or Ei (iii) under competent voice control when an animal is on the property of its owner. (14) "Sterile" means rendered incapable of reproduction by surgical operation. (15) ("VICIOUS ANIMAL" MEANS AN ANIMAL WHICH HAS BITTEN OR ATTACKED A HUMAN BEING WITHOUT PROVOCATION.] "Vicious Animal" means an animal that has done an unreasonahl P n e% t- r a rmf„ l +-� human bein s or animals which act is done in a hostile manner. Any animal which has been twice --adjudged a dangerous animal by a court of competent jurisdiction, whether by a plea of no contest or guilty or by trial shall be considered vicious for purposes of penalties imposed by KMC 3.05.060(d). Section 2: 3.05.060 Penalties and Remedies: (a) Except as this section provides otherwise, a person who violates a provision of this title, term, condition, or provision of a license issued hereunder, or a City regulation promulgated under this title shall, upon conviction, be subject to a fine of not more than [$300] 1500.00. (b) In addition to, or as an alternative to the penalty aforementioned, any person violating any provisions of this title shall be subject to a civil penalty of not more than ($300) 500.00. Each and every day that such violation continues shall :be deemed a separate and distinct violation. In addition, a civil injunction or temporary restraining order may be obtained in order to obtain immediate compliance with the provisions of this chapter. (c) The City shall seek an award of reasonable attorney's fees and costs from the court in prosecuting such an action. (d) Any animal adjudged a vicious animal by a court of competent jurisdiction, may be_destroyed by the City of Kenai Animal Control Department upon order of such court or through the consent of the animal's owner. Section 3: 3.05.070 Citation Procedure: (a) An officer may serve a summons and complaint in the form of a citation upon a person for violating a provision of this chapter, or a term, condition, or limitation of a license issued hereunder, or a City regulation promulgated under this title. 2 (b) A summons and complaint issued under this section shall contain a notice directing the person to whom it is issued to appear to answer to the charge in the District Court for the Third Judicial District of the State of Alaska at Kenai. (c) An officer who issues a summons and complaint under this section shall deposit the original and a copy of the citation with his immediate superior who shall forward the citation to the District Court for the Third Judicial District of the State of Alaska at Kenai. Thereafter, the summons and complaint may be disposed of only by official action. (d) A summons and complaint in the form of a citation that fulfills the requirements for a complaint under the District Court Rules of Criminal Procedure promulgated by the Supreme Court of the State of Alaska shall be deemed a lawful complaint for the purpose of prosecuting a violation of this title. (e) Mandatory Court Appearance shall be required: (1) for [A VICIOUS DOG TICKET] a violation of KMC 3.10.020(c). (2) for all cruelty charges under this code. (3) Upon second citation of all other provisions of Chapter 3.10 in a twelve (12) month period. Section 4: 3.10.020 Control and Confinement of Animals: (a) A person who owns a dog shall keep the dog under restraint at all times. (b) A person who owns an animal other than a dog that is capable of annoying or endangering other persons or damaging their property shall keep the animal under restraint at all times. (c) A person who owns a vicious or dangerous animal shall at all times either confine the animal in a building or a secure enclosure, or otherwise secure the animal, as with a muzzle, so it cannot injure other persons or their property. (d) A person who owns a female dog or cat in heat or during ovulation shall keep the dog or cat under restraint in such a manner that it cannot come into contact with a male of its species except for planned breeding purposes, provided that a female sled dog in heat shall be confined unless it is restrained by proper harnessing in a team in such a manner that it cannot come in contact with a male dog except for planned breeding purposes. 3 Suggested By: Administration CITY OF KENAI ORDINANCE 1193-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE SENIOR DAY CARE FUND BY $998 FROM DONATIONS. WHEREAS, the City has received an additional $998 in Senior Day Care donations which have not been appropriated; and, WHEREAS, the Senior Day Care -Project Coordinator wishes to use $570 for travel to attend a training workshop in Juneau and the remaining $428 for operating supplies. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Senior Day Care Increase Estimated Revenues: Donations 998.00 Increase Appropriations: Transportation $570.00 Operating Supplies 428.00 $998.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of March, 1987, JOHN J. WILLIAMS, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: February 18, 1987 Second Reading: March 4, 1987 Effective Date: March 4, 1987 Approved by Finance: (2/13/87) Revised Edition as Suggested By: City Attorney CITY OF KENAI ORDINANCE NO. 1191-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 14.25 ENTITLED, "LANDSCAPING REGULATIONS.", WHEREAS, Ordinances 1132 and 1149 were previously passed b the City Council; and, y WHEREAS, when the Municipal Code was being prepared for the addition of these amendments, certain discrepancies appeared; and, WHEREAS, the only manner in which to remedy these discrepancies is to amend the Code. WHEREAS, performance criteria is a desirable addition to the site plan process in order to give prospective contractors adequate guidelines for performance and to express the desires of the Landscaping/Site Plan Commission,. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Code, Chapter 14.25 entitled, "Landscaping Regulations be amended as follows: Section 1: 14.25.045 Site Plan - Performance Criteria: t a 1 OF j ectives : O" 2 An effective site_plan should utilize a varlet of techniques -for achieving the intent of this ordinance. The appropriate-j2lacement or retention and improvements s of buildings, -parking lots -,-etc, should be considered on the sitelan. (b ) Buildings A commercial or industrial use housed in the buildin is to be compatible with the surround Properties, land - use Plan, and not be hazardous to the health safet and welfare of citizens, ( c ) Special Permits: The site___plan shall list an s eci Y � al Permits or approvals which may be required for completion of the project. ( d ) Parking Lots: Parking lots referenced on the site plan shall comply with KMC 14.20.2500 (e) Snow Storage/Removal and Drainage: Snow storage/removal and drainage as referenced on the site plan shall be compatible with the surrounding area. Section 2: 14.25.050 Landscaping/Site Plan Review Board: (a) Membership, Qualifications, Terms, and Rules: The Landscaping/Site Plan Review Board shall consist of not less than five members who shall serve without pay. Members shall be appointed by the Mayor and confirmed by the Council. Members shall be appointed for a term of three ( 3 ) years, excepting the initial members who shall be appointed for a one, two, or three- year term. The Board shall elect a chairman[,] and a vice- chairman[, AND CLERK]. [A MAJORITY OF THE MEMBERSHIP SHALL CONSTITUTE A QUORUM FOR THE PURPOSE OF TRANSACTING BUSINESS.] a quorum, for the purposes of transacting business, shall consist of a minimum of two ( 2 ) members, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of March, 1987, JOHN J. WILLIAMS, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: February 18, 1987 Second Reading: March 4, 1987 Effective Date: April 4, 1987 (2/11/87) CITY OF KENAI 0 lod eapda4lo 4 it 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 MEMORANDUM TO: Mayor and Counci.lmembers, City of Kenai FROM* ;. Tim Rogers, City Attorney i t City of Kenai 0 - DATE: February 11, 1987 RE: Ordinance 1191-87, Amending Kenai Municipal Code, Chapter 14.25, "Landscaping/Site Plan Review Board." In making the amendments set out in the above -referenced ordinances, numerous discrepancies existed in the amendments delineated on the two ordinances (copies of the ordinances are attached hereto and labeled as "Exhibits A & B" respectively). The discrepancies may just be overlooked changes due to the confusion of the ordinances themselves. Ordinance 1132, although written first, and adopted September 3, 1986 did not take effect until October 31, 1986, Ordinance 1149, written last and adopted July 2, 1986, took effect August 16, 1986. Some of the amendments overlap. These discrepancies have been handled by the Legal Department, as Revisor (KMC 10.15.050, a copy attached and labeled "Exhibit C"). A copy of the chapter as "revised" is also attached and labeled "Exhibit D." The explanations for the revisions made are listed below. 1. Pages 1, Index: 14.25.050 Landscaping Review Board, Ordinance 1132 shows that "Landscaping" should be deleted and to add "/Site Plan." The title should be "Landscaping/Site Plan Review Board" as that was the intent of Ordinance 1132; to combine the Landscaping Review Board with a Site Plan Review Board. 14.25.100 Definitions. This title was added to the index by Ordinance 1149 as "Definitions" -- Ordinance 1132 does not show an addition, although the title is "Definition - Landscaping." 2. Paragraph 14.25.010 Intent, Subparagraph (a) was added by Ordinance 1132. In order that the paragraph conform to format, what is now the second paragraph as been amended by adding "(b) Landscaping Plans:" 3. Paragraph 14.25.020 Application. Ordinance 1149 did not amend this paragraph, however Ordinance 1132 did. 4. Paragraph 14,25.030 Landscaping/Site Plan - Submittal Requirements. The first sentence refers to the "landscaping plan" and it should have been changed to "landscaping/site plan." This change was not made in either of the ordinances. This has been so revised. 5. Paragraph 14,25,035 Landscaping Site Plan. Two edits were made; the first by adding a slash between landscaping and site in the title. The second by adding the words "The" and "of" so that the amendment of Ordinance 1132 to add the word "City," would be understandable. - Other changes that were made in this paragraph were the addition of "landscaping/" in the second line of the paragraph and the words "/Site Plan" in the third line. 6. Paragraph 14.25.040(e) Maximum Required Landscaping. Change was not made in either ordinances to add "/Site Plan" to "Landscaping Review Board in the first sentence. This has been so revised. Paragraph 14.25.040(f) Review. Ordinance 1132 made the addition of ( f ) in the section. The first line refers to "Site Plan Review Board" and it should have been "Landscaping/Site Plan Review Board." This has been so revised. 7. Paragraph 14.25,045 Site Plan - Performance Criteria: This section was not in Ordinance 1149 and appeared in Ordinance 1132, but the addition was not done in a normal procedure. It has been included in Ordinance 1191 to correctly make this addition. 8. Paragraph 14.25.050 Landscaping Review Board. There are changes made in this paragraph which are correctly amended by Ordinance 1191, 9. Paragraph 14.25.060 Completion -- Landscaping Plan. The addition of "/site" should be added in the second line. The Code has been revised to reflect this change. In the third line, "prior to the issuance of the Certificate of Occupancy by the Building Official" was added by Ordinance 1149 and removed by Ordinance 1132. The Code has been revised to reflect this change. In the third line, "Planning and Zoning Specialist" was added by Ordinance 1149 and has been changed to "Planning Specialist" in Ordinance 1132. The Code has been revised to reflect this change. 10. Paragraph 14.25.065 Completion - Site Plan. This section was added by Ordinance 1132 and not included in Ordinance 1149. The Code has been revised to reflect this change. 11. Paragraph 14.25.070 Modifications. This section was added by both Ordinance 1149 and Ordinance 1132, however, "Planning and Zoning Specialist" was changed to "Planning Specialist" in Ordinance 1132. The Code has been revised to reflect this change. 12. Paragraph 14.25.080 Expiration. This section was added by Ordinance 1149 and amended by Ordinance 1132 with the addition of "site" following landscape in the second line. To comply with other references, landscaping has been changed to "landscaping." TR/clf Suggested by: Planning & Zoning CITY OF KENAI ORDINANCE NO, 1132-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 14 WITH THE ADDITION OF SITE PLANS. WHEREAS, the 1980 Comprehensive Plan presented criteria for creating a Site Plan ordinance (21.76.200); and, WHEREAS, the Kenai City Council directed the Kenai Advisory Planning & Zoning Commission to work with the draft presented and return a recommendation; and, WHEREAS, the Landscaping Review Board, Old Town Committee, and the Planning Commission have all worked together and created the draft before the Council at this time and feel it meets the needs and desires of the Council and Community; and, WHEREAS, the Planning & Zoning Commission held public hearing on this proposed ordinance August 27, 1986, hearing no objections and no corrections, the Commission recommends approval. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Ccr+f- i r►n 1 . The Kenai Municipal Code Title 14 be amended as defined by Exhibit A, Draft V. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of September, 1986. TOM WAGONER, MA VI ATTEST: nzl'tff 21JU6-'-"o et Whelan, City Clerk First Reading: May 7, 1986 Second Reading: May 21, 1986 Third Reading: June 4, 1986 Foruth Reading: September 3, 1986 Effective Date: October 3, 1986 ;Aq 004QOOv00 � o � e o A Ae Pago CITY OF KENAI %%0 it id eapdal 4 " 210 FIDALGO KENAI, ALASKA 99611 '-- TELEPHONE 283 - 7535 MEMORANDUM TO: Kenai City Council FROM: Janet Loper, Planning Specialist SUBJECT: Ordinance 1132-86 Substitute DATE: August 28, 1986 On July 15, 1986, the Landscaping Review Board, the Planning & Zoning Commission, Councilman Hail, and Councilman Wise met jointly to discuss the proposal by Council to combine the duties of the two bodies. It was the concensus of the two bodies that the interests of the public and developers would be best served if the two bodies remained separate and that the Landscaping Review Board absorb the duties of the Site Plan Ordinance and the review of the Townsite Historic Zone as recommended by the Old Town Committee. Since that time, Section 14.25 concerning the Landscaping Regulations have been redrafted and a public hearing held. The result of these efforts appears before you as the Substitute Ordinance. It should also be noted that the new draft includes the suggestions.of the Building Inspector. J y POORJ • M {i J O • l: ��"• i • • • Pf... .. ... Pages 14.25-14.259035 Chapter 14.25 LANDSCAPING AND SITE PLAN REGULATIONS Sections: 14.25.010 Intent 14.25.020 Application 14-25.030 Landscaping/Site_ Plan - Submittal Requirements 14,25.035 Landscaping/Site Plan 14925.040 Landscaping Plan - Performance Criteria 14-25,045 Site Plan - Performance Criteria 14.25*050 rLANDSCAPINGI/Site Plan Review Board 14.25.060 Completion_- Landscaping Plan 14,25.065 Completion - Site Plan 14-25*070 _ _ Modifications 14.25.080 Expiration 14.25.090 Penalties 14.25.100 Definition - Landscaping j 14.25.010 Intent: (a) Site Plans: It is the intent of this section to provide for orderly and safe development of the City commensurate with or tectin the health, safety, and welfare of its citizens, and adequate and convenient open spaces, light, and air, in order to a void.con estion of commercial and industrial areas. (b) Landscaping Plans: It is the intent of this, section to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City of Kenai. The general purpose of landscaping is to visually enhance the cit_y's appearance, maintain or increase property values, and reduce erosion and storm runoff. (Ord 1094) 14.25.020 Application: This section shall apply to all compmercial and industrial development within the City of Kenai and shall a ly to both the landscaping and site plans. "Commercial development" shall be defined as any improvements requiring a building permit for construction of $10,000 or more located on properties within the Central Commercial (CC), General Commercial (CG), Heavy Industrial (IH) and Light Industrial (IL) zoning districts. (Ord 1094) It shall be unlawful for any person to construct erect or maintain any structure, building, fence, or improvement, i cn ludin q landscaping, parking, and other facilities on prpperty designated as a commercial tract unless such ---improvements are constructed or reconstructed in a manner consistent with the approved plan, 1 A 0 • •• Wi. ,no •• •0 of . •...�...... Pages 14.25.030 Landsca inq/Site Plan - Submittal Requirements: Three copies of the Zan (3} P landscaping plan shall be submitted for approval to the Planning fAND ZONING1 Specialist prior to the issuance of a building permit. One co P copy of the approved plans shall be returned to the applicant; one copy filed; and the third copy showing action taken, filed with the Building Official. The landscaping plan shall be prepared at a minimum scale of 1"_ 201 and shall include the following information: (a) Common and scientific name of the planting materials to P 9 be used in the project (b) Typical planting details (c) Location of all planting areas and relationshipto buildings, ngs , parking areas, and driveways (d) Identification and location of existing vegetation etation to be retained (e) Identification and location of non -living landscaping mate rials be used M Identification of on -site snow storage areas (g) Drainage patterns (h) Description of buildings, including buildinq hei ht roun floor dimension g ''g d s, kinds of buildin materials, ty e of archi- tecture anticipated; -- (i Physical features of the property includin • P p q location of all _ buildings, in ress and a ress, any unusual features of the property which which may restrict development or drains e. � 14.25.035 Landscaping/Site Plan: The City requires submittal of a preliminary site plan and approval by the Landscaping Review p g Board prior to any land ciearning and/or tree cutting. (Ord 1094) 14.25.040 Landscapinq Plan - Performance Criteria: (a) Objectives:for Landscaping Plan: An effective landscaping plan should utilize a variety of techniques for achieving the intent of this ordinance. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior, and parking lot landscaping should be included as components of the overall landscaping plan. P (b) Perimeter Landscaping: Perimeter landscaping 4nvolves the land areas adjacent to lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent land in uses. Buffer landscaping g may � y be desirable along the perimeter of the property to shield vehicular or building lights from adjacent � structures and to provide a visual separation between pedestrians and vehicles. (c) Interior Landscaping: Interior landscaping involves those areas of the exclusive of the perimeter property e per and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement land- •�• •�• •.. Exh. ......... scapinq is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide for attractive driveways and streets within the site. (d) Parking Lot Landscaping: Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. (e) Maximum Required Landscaping: The Landscaping Review Board shall not require more than five percent (5%) of any Project area to be landscaped. (f) Review: The Site Plan Review Board may reconsiderplans after they have been approved ifroblems arise in carryinq out the landscaping/site plan as_or ginally_aeproved. 14.25.045 Site Plan - Performance Criteria (a) Objectives: An effective site plan should utilize a variety of techniques for achieving the intent of this ordinance. The appropriate placement or retention and improvements of buildings, parking lots, etc. should be considered on the site plan. (b) Buildings: A Commercial or industrial use housed in the building is to be compatible with the surrounding properties, Land Use Plan, and not be hazardous to the health, safety, and welfare of citizens. (c) The Site Plan shall list any special permits or approvals which may be required for completion of the project. (d) Parking Lots: referenced on the Site Plan shall comply with 14.20,250 (e) Snow Storage/Removal and Drainage as referenced on the Site Plan shall be compatible with the surrounding area. 14.25.050 Landsca in /Site Plan Review Board: (a) Membership, Qualifications, Terms, and u es: The Landscaping/Site Plan Review Board shall consist of not less than five members who shall serve without pay. Members shall be appointed by the Mayor and confirmed by the Council. Members shall be appointed for a term of three years, excepting the initial members who shall be appointed for a one, two, or three year term. The Board shall elect a chairman, and vice-chairman. fA MAJORITY OF THE MEMBERSHIP SHALL CONSTITUTE A QUORUM FOR THE PURPOSE OF TRANSACTING BUSINESS.1 A quorum, for the purposes of transacting business, shall consist of a minimum of two (2) members. (b) Meetings and Proceedings: The Board shall meet to review and take action on a landscaping and site plan within fourteen (14) days of satisfactory submittal to the rBUILDING OFFICIALI Planning Department. The Building Official shall issue a building permit upon approval of the `� .. E Page xh. ........ of .... E?....... Pages associated landscaping/site plan by the Board or the expiration of 14 days without official Board action, providing all of the other requirements for the issuance of a building permit have been met. Any appeal of the action of the Board shall be submitted in writing to the Kenai City Council. (Ord 1077). 14,25,060 Com letion - Landscapinq Plan All required landscaping as presented in the approved landscaping p an s all be installed prior to the issuance of the Certificate of Occupancv by the Buildinq Official.rWITHIN NINE (9) MONTHS OF THE COMPLETION OF THE BUILDING CONSTRUCTION.] The Planning Specialist or any member of the Board mayfSHALLI make the final inspection to verify the completion of the required landscaping. In the event that the landscaping has not been completed upon request for the Certificate of Occupancy, the Building Official may fentertain application for a one-time termporary nine (9) month Certificate of Occupancy which P Y shall be subject to approval by the City Council.] grant a temporary certificate not to exceed nine (9) months. -` 14.25.065 Completion - Site Plan: All -requirements as outlined in Section 14.25,04 sh-a-11 be installed according to the site plan as approved by both developer and Landscaping/Site Plan Review Board and shall be approved by the Buildinq Official or Planning Specialist. All - restrictions cited in Section 14.25.060 shall apply to this section. 14.25.070 Modifications: Whenever there are practical difficulties in carrying out the rovisions of this chapter the Plannin rAND ZONING Specialist may grant minor modifications for individual cases, provided the lanning TAND ZONINGI Specialist finds that -.-.a special individual reason makes the strict letter of this,dinance improactical and that the modification is in conformity with the intent andurposes of this ordinance. - rl4,25.0701 14.25.080 Expiration: If construction of the project has not started within 180 days of approval of the landscape/site plan, the approval shall lapse. _ 14.25.090 Penalties: Penalties for non-compliance with this chapter shall be as set Fort by KMC 14,20,1609 14.25.100 = Definition - Landsca"Landscaping" means thy; treatment of the ground surface with live planting materials, including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural material. Other materials such as wood chips, stone or , decorative rock may also be utilized. A list of recommended landscaping materials shall be provided by the City of Kenai. (Ord 1037) 4 fit ......... 6dh. �...... :f . •.... �P..... P6909 4) Suggested by: Administration CITY OF KENAI ORDINANCE N0, 1149-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 14.25 ENTITLED "LANDSCAPING REGULATIONS." WHEREAS, problems have arisen implementing requirements of the landscaping regulations; and, WHEREAS, the Planning and Zoning Commission, at their June 11, 1986 meeting, approved the attached amendments to KMC 14.25. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.25 entitled "Landscaping Regulations" be amended as defined on the attached Exhibit "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of July, 1986, TOM WAG NER, YOR ATTEST: Jr Jet Whelan, City Clerk First Reading: June 18, 1986 Second Reading: July 2. 1986 _Third Reading: July 16, 1986 6/27/86 Effective Date: Aug. 16, 1986 • •..1..... Exh.. ...... . �# ......... Pagan Chapter 14.25 LANDSCAPING REGULATIONS Sections: 14.25.010 Intent 14.25.020 Application 14,25,030 Landscaping Plan - Submittal Requirements 14.25,035 Landscaping Site Plan 14.25.040 Landscaping Plan - Performance Criteria 14.25.050 Landscaping Review Board 14.25.060 [SECURITY AGREEMENT] Completion 14.25.070 [DEFINITION - LANDSCAPING] Modifications 14,25.080 Expiration 14.25.090 Penalties 14,25.100 Definitions 14.25.010 Intent: It is the intent of this section to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City of Kenai. The general purpose of landscaping is to visually enhance the city's appearance, maintain or increase property values, and reduce erosion and storm runoff. (Ord 1094 ) 14.25.020 Application: This section shall apply to all commercial and industrial development within the City of Kenai. "Commercial development" shall be defined as any improvements requiring a building permit for construction of $10,000 or more located on properties within the Central Commercial (CC) , General Commercial (CG), Heavy Industrial (IH) and Light Industrial (IL) zoning districts. (Ord 1094) 14 .25 .030 Landscaping Plan - Submittal Requirements: Three (3) copies of the landscaping plan shall be submitted for approval to the [BUILDING OFFICIAL IN CONJUNCTION WITH A REQUEST FOR BUILDING PERMIT IN COMPLIANCE WITH THIS SECTION.] Planning and Zoning Specialist prior to the issuance of a builidng permit. One copy of the approved plans shall be returned to the applicant; one copy filed; and the third copy showing action taken, filed with the Building Inspector. The landscaping plan shall be prepared at a minimum scale of 1" - 201; and shall include the following information: (a) Common and scientific name of the planting materials to be used in the project (b) Typical planting details (c) Location of all planting areas and relationship to buildings, parking areas, and driveways (d) Identification and location of existing vegetation to be retained ot it h $ Pew •6�.0.0.• •. ... ►.. 0 .. of .... f....... Pages (e) Identification and location of non -living landscaping materials to be used (f) Identification of on -site snow storage areas (g) Drainage patterns 14.25.035 Landscaping Site Plan: Require submittal of preliminary site plan and approval by the Landscaping Review Board prior to any land clearning and/or tree cutting. (Ord 1094) 14.25.040 Landscaping Plan - Performance Criteria: (a) Objectives: An effective landscaping plan should utilize a variety of techniques for achieving the intent of this ordinance. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior, and parking lot landscaping should be included as components of the overall landscaping plan. (b) Perimeter Landscaping: Perimeter landscaping involves the land areas adjacent to lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent land uses. Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles. (c) Interior Landscaping: Interior landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide for attractive driveways and streets within the site. (d) Parking Lot Landscaping: Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. (e) Maximum Required Landscaping: The Landscaping Review Board shall not require more than five percent (5%) of any Project area to be landscaped. . K N pftv� *1-J 000*000•0 EA• .•• *••4• 0 ... ....... Pages R 14 .25 .050 Landscaping Review Board : ( a ) Membership, Qualifications, Terms, and Rules: The Landscaping Review Board shall consist of not less than five members who shall serve without pay. Members shall be appointed by the Mayor and confirmed by the Council. Members shall be appointed for a term of three years, excepting the initial members who shall be appointed for a one, two, or three year term. The Board shall elect a chairman, vice-chairman, and clerk. A majority of the membership shall constitute a quorum for the purpose of transacting business. (b) Meetings and Proceedings: The Board shall meet to review and take action on a landscaping plan within fourteen (14) days of satisfactory submittal to the Building Official. The Building Official shall issue a building permit upon approval of the associated landscaping plan by the Board or the expiration of 14 days without official Board action, providing all of the other requirements for the issuance of a building permit have been met. Any appeal of the action of the Board shall be submitted in writing to the Kenai City Council. (Ord 1077), 14 *25 *060 [SECURITY AGREEMENT] Completion: All required landscaping as presented in the approved landscaping plan shall be installed [PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY BY THE BUILDING OFFICIAL] within nine (9) months of completion of the building construction. The LBUILDING OFFICIAL] Planning and Zoning Specialist shall make the final inspection to verify the completion of the required landscaping. In the event that the landscaping has not been completed upon request for the Certificate of Occupancy, the Building official may entertain application for a one-time termporary nine (9) month Certificate of Occupancy which shall be subject to approval by the City Council. The Landscaping Review Board may grant extensions to the completion date for unusual circumstances as the Board deems necessary. 14.25.070 Modifications: Whenever there are practical difficulties in carrying out the provisions of this chapter the Planning and Zoning specilist may grant minor modifications for individual cases, provided the Planning and Zoning Specialist finds that a special individual reason makes the strict letter of this ordinance impractical and that the modification is in conformity with the intent and purpoes of this ordinance 14.25.080 Expiration: If construction of the project has not started within 180 days of approval of the landscape plan, the approval shall lapse. 14.25.090 Penalties: Penalties for non-compliance with this chapter shall be as set forth by KMC 14.20.1600 N� � Page .......... Exh.......... ofes ... '.... , .. Pages 4 l [14925*0701 14.25 . 100 Definition - Landscaping:_ "Landscaping" means the treatment of the ground surface with live planting materials, including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural material. Other materials such as wood chips, stone, or decorative rock may also be utilized. A list of recommended landscaping materials shall be provided by the City of Kenai. (Ord 1037) S , of .......... fxh... ..... ......... Pages 10. 15. 050 10.15.050 Appointment and Authority of Revisor: (a) The City Attorney is designated as Revisor of ordinances and may act either in person or by delegating authority contained herein to another, and where "Revisor" is used herein, it will apply either to the City Attorney or his delegate. (b) In the case of additions to this Code or amendments to, or repeal of, any provisions of this Code by subsequent ordinances, the Revisor shall prepare new pages of the Code to be placed in the proper order to show such added provisions, to replace the amended provisions with the new provisions as amended, and to omit the repealed provisions. (c) The Revisor of ordinances shall revise for consoli- dation in the Kenai Municipal Code all ordinances of a permanent and general nature enacted by the Council. (d) The Revisor shall edit and revise the ordinances for consolidation without changing the meaning of any ordinance in the following manner: (1) renumber sections, parts of sections, chapters, and titles; (2) change, delete, or provide new titles for sections, chapters, and titles; (3) change capitalization for the purpose of uniformity; (4) substitute the proper designation for the terms "the preceding section," "this ordinance and like terms; (5) substitute the proper calendar date for "effective date of this act," "date of passage of this act," and other phrases of similar import; ( 6 ) strike out figures if they are merely a repetition of written words or vice versa, or substitute figures for written words or vice versa for the purpose of uniformity; . - (7) correct manifest errors which are clerical or typographical, errors in spelling or*grammar, or errors by way of additions or omissions; ( 8 ) correct manifest errors in reference to laws, regulations, ordinances, or other sections of this Code. (9) rearrange sections, combine sections or parts of sections with other sections or parts of sections, divide long sections into two or more sections, and rearrange the order of sections to conform to a logical arrangement of subject matter as may most generally be followed in the Kenai Municipal Code. (1.0) change all sections, when possible, to read in the present tense, indicative mood, active voice, third person, and singular number, or any other necessary grammatical change in the manner generally followed in the Kenai Municipal Code. (11) delete or change sections or parts of sections if a deletion or change is necessary because of ordinance amendments which did not specifically amend or repeal them; (City of Kenai Supp. #3 - 6/20/80) 10-4 Page .......... 6dt...•.. ••.• of PbCJQ$ 10.15.050-10.20.020 (12) omit all temporary laws, all titles to acts, all enacting and repealing clauses, all declarations of emer- gency, and all purpose, validity, and construction clauses unless, from their nature, it may be necessary to retain some of them to preserve the full meaning and intent of the ordinances. (Ords 543, 559) 10.15.060 Ordinance as Prima Facie Evidence of Change: The ordinances herein and subsequent ordinances as numbered and included in the Kenai Municipal Code, or omitted in the case of repeal , shall be prima facie evidence of such ordinances until this Code of ordinances and subsequent ordinances numbered and included, or omitted, and readopted as a new Code of Ordinances by the City Council. (Ord 543) Chapter 10.20 FORM OF MODIFICATIONS OF CODE Sections: 10.20.010 Additions to code. 10.20.020 Amendments to code. 10.20.030 Repeal. 10.20.010 Additions to Code: (a) In the event a new title, chapter, section, or subsection, not heretofore existing in the Code, is to be added thereto, substantially the following language shall be used "That the City of Kenai Code of Ordinances is hereby amended by adding a new (fill in "title," "chapter," "section," or "subsection") to be numbered which shall read as follows:"; (b) The new addition shall then be set out in full as desired. (Ord 543) 10.20.020 Amendments to Code: (a) Amendments to any of the provisions of this Code shall be made by amending such provisions by specific .reference to the section or subsection number of this Code in substantially the following language: "That (fill in the Code citation of the portions to be amended) is hereby amended as follows:". (b) Following the above statement the portions to be amended shall be set out including all language which is to be added thereto in addition to all of the language contained 10-5 (City of Kenai Supp. #38 - 9/9/85) p16400F •......... C4 ....... 7 Pages QbApl.e r....... �-A......25... 1 A.N.D,S.C.A.P x.N.G..�.�.I.T.E.......P �.N.......R.E. u.L.A.T.T.O.N.S. Sections: 14.. 25. 010 Intent 14" . 25. 020 Application 14.. 25. 030 Landscaping/Site Plan - Submittal Requirements 14.. 25. 035 Landscaping/Site Flan J 14.. 25. 04.0 Landscaping Plan - Performance Criteria 14..25.045 Site Plan - Performance Criteria 14..25.050 Landscaping/Site Plan Review Board 14.. 25. 060 Completion - Landscaping Plan 14.. 25. 065 Completion - Site Plan 14.. 25. 070 Modifications 14..25.080 Expiration 14.. 25. 090 Penalties 14.. 25. 100 Definition - Landscaping 14.. 25. 010 rnte.n.t: (a) Site Plans: It is the intent of this section to provide for orderly and safe development of the City commensurate with protecting the health, safety, and welfare of its citizens, and adequate and convenient open spaces, light, and air, in order to avoid congestion of commercial and industrial areas. (b) Landscaping Plans: It is the intent of this section to Provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City of Kenai. The general purpose of landscaping is to visually enhance the City's appearance, maintain or increase property values, and reduce erosion and storm runoff. ( Ord. 1094) 14.. 25. 020 Application: .T'h i s section shall apply to a l l commercial and industrial is within the City of Kenai and.shall apply to both the landscaping and site plans. "Commercial development" shall be defined as any improvements requiring a building permit for construction of $10,000 or more located on properties within the Central Commercial. (CC), General Commercial (CG), Heavy Industrial (IH) and Light Industrial (IL) zoning districts. It shall be unlawful for any person to construct, erect or maintain any structure, building, fence, or improvement, including landscaping, parking, and other facilities I Pag® 000i•es0oe Exhe 0000e•e•• t)f......06 o.o9� on property designated as a commercial tract unless such improvements are constructed or reconstructed in a manner consistent with the approved plan. 14.. 25 N 025 Landscap.I* .,nPlan �Submittal Re ........................................................................._...._................................. ...... .............................................. .. .... ......... ............................... Three (3) copies of the landscaping/site plan shall be submitted for approval to the Planning Specialist prior to the issuance of a building permit. One copy of the approved plans shall be returned to the applicant; one copy filed; and the third copy showing action taken, filed with the Building Official. The landscaping/site plan shall be prepared at a minimum scale of 1 20' and shall include the following information ( a) Common and scientific name of the Planting materials to be used in the project; (b) Typical planting details; (c) Location of all planting areas and relationship to buildings, parking areas, and driveways; (d) Identification and location of existing vegetation to be retained; (e) Identification and location of non -living landscaping materials to be used; (f ) Identification of on -site snow storage areas; (g) Drainage patterns; ( h ) Description of buildings, including building height, around floor dimensions, kinds of building materials, type of architecture anticipated; ( i ) Physical features of the Property including location of all buildings, ingress and egress, any unusual features of the Property which may restrict development or drainage. 14 - 2 5. 035 �� n d �.�.�.i�.�..!'� �.�.�._� . �_�..._.. P1,.a n: Submittal of a Preliminary landscaping/site plan and approval by the Landscaping/Site Plan Review Board is required prior to any land clearing and/or tree cutting. 14.. 2 5. 0 4. 0 L.a n d.s.c.a.p.i.n.g.......�. � .�.+�.....�-._..P e r� o r m a n c.�.......C_r. t _e r..�...a. " ( a) Objectives for Landscaping Plan: An effective landscaping plan should utilize a variety of techniques for achieving the intent of this ordinance. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior, and parking lot landscaping should be included as components of the overall landscaping plan. (b) Perimeter Landscaping: Perimeter landscaping involves the land areas adjacent to lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent land uses. Buffer landscaping may be desirable along the perimeter of the property 2 0 of Pace .......... Fxh0.......... of ....v..... .. Pages to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles. (c) Interior Landscaping. Interior landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or .visual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide for attractive driveways and streets within the site. (d) Parking Lot Landscaping: Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to Provide visual relief between vehicle parking areas and the reminder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. (e) Maximum Required Landscaping. The Landscaping/Site Plan Review Board shall not require more than five percent (5%) of any project area to be landscaped. (f) Review: The Landscaping/Site Plan Review Board may reconsider plans after they have been approved if problems arise in carrying out the landscaping/site flan as originally approved. 14.. 25. 04.5 Site Plan Performance Criteria: ( a ) ....... ............................................................. _............... Objectives. An effective site plan.... *"*"* ......... should utilize a variety of techniques for achieving the intent of this ordinance. The appropriate placement or retention and improvements of buildings, parking lots, etc. should be considered on the site plan. (b) Buildings: A commercial or industrial use housed in the building is to be compatible with the surrounding properties, land use plan, and not be hazardous to the health, safety, and welfare of citizens. (c) Special Permits: The site plan shall list any special permits or approvals which may be required for completion of the project. (d) Parking Lots: Parking lots referenced on the site plan shall comply with KMC 14.. 25. 25q .(e) Snow Storage/Removal and Drainage: Snow storage/removal and drainage as referenced on the site plan shall be compatible with the surrounding area. 14.. 25. 050 L n d c. ... �xtePla nRevewBaa"d M' ( a) _. . ....... ....... . . _. . . ....... . . . . Membership, Qualifications, Terms, and Rules: The Landscaping/Site Plan Review Board shall consist of not less than five (5) members who shall serve without pay. Members shall be appointed by the Mayor and confirmed by the Council. Members 3 r��e • •. • • 0 0. e Of � ew wweww� Pa g?JJ shall be appointed for a term of three ( 3 ) years, excepting the initial members who shall be appointed for a one, two, or three- year term. The Board shall elect a chairman and a vice-chairman. A quorum, for the purposes of transacting business, shall consist of a minimum of two ( 2 ) members. (b) Meetings and Proceedings: The Board shall meet to review and take action on a landscaping and site plan within fourteen (14) days of satisfactory submittal to the Planning Department. The Building Official shall issue a building permit upon approval of the associated landscaping/site plan by the Board or the expiration of fourteen (14) days without official Board action, providing all of the other requirements for the issuance of a building permit have been met. Any appeal of the action of the Board shall be submitted in writing to the Kenai City Council. 14. 25. 060 Coma 1 et . on�?.9....._'.l. .n. = A l l required landscaping as presented in the approved landscaping plan shall be installed prior to the issuance of the Certificate of Occupancy by the Building Official. The Planning Specialist or any member of the Board may make the final inspection to verify the completion of the required landscaping. In the event that the landscaping has not been completed upon request for the Certificate of Occupancy, the Building Official may grant a temporary certificate not to exceed nine (9) months. 14.. 2 5. 0b5 porno l_e.t i„on....,.-.......Site P l an M A l l requirements as outlined in Section 14.25.045 shall be installed according to the site plan as approved by bath developer and Landscaping/Site Plan Review.Board and shall be approved by the Building Official or Planning Specialist. All restrictions cited in Section 14.. 25. 060 shall apply to this section. 14. 25. 070 Mori f, cat. o.r1.s N Whenever there are practical difficulties in carrying out the provisions of this chapter, the Planning specialist may grant minor modifications for individual cases, Provided the Planning Specialist finds that a special individual reason makes the strict letter of this ordinance impractical and that the modification is in conformity with the intent and purposes of this ordinance. 14.25.080 Expiration: If construction of the project has ..... ......not starter! within 180 days of approval of the landscaping/site plan, the approval shall lapse. 14. 25. 090 Penalties: Penalties for non-compliance with *' ...... . this chapter shall be as set forth by KMC 14.20.160. 4 4 to Page.. Exh.. • ... . .. Of pages l 4 r 25 r 100 Definition - Landsca .. ..................... ....... ....................................................................... ....... pn=. I/ Landscaping" m eeans the treatment of the around surface with live planting materials, including but not limited t o , trees,, shrubs., grass, ground cover or other growing horticultural material. Other materials such as wood chips, stone, or decorative rock.may also be utilized. A list of recommended landscaping materials shall be provided by the City of Kenai. 9 P age .......... �.......... of ..... CITY OF KENAI "Od Capd,;,lao7l 4 44mZa it 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 MEMORANDUM TO: William J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: February 13, 1987 SUBJECT: KENAI BOATING FACILITY - CHANGE ORDER #1 This Change Order No. 1 which was requested by the Contractor is to substitute all the various sizes of pilings throughout the project with a standard 24 inch diameter x % inch wall except for the 30 inch x % inch piles and the fender piles. r The Design Engineer, Bill Nelson, and his structural consultants } agree that this will give us a much stronger dock and trestle. The Contractor says this will add about 15 tons of more steel. I believe that the Contractor may want to do this so that they will not have to have so many different driving shoes and different sizes of piles to work with. Also, it wouldn't surprise me if he found a vender who gave him a deal on 24 inch diameter x inch wall piling. Anyway, Public Works has approved of this substitution and we have brought this to the attention of both the Council and Harbor Commission. I approved of the substitution but only with the stipulation that they furnish and install two removable piles that would extend our existing floats at the boat ramp. The Contractor agreed but wanted $1,500 for us to buy the two piles. I told the Engineer Bill Nelson no - that the Contractor was to furnish and install both piles. About two months have passed and somehow there was a communication problem. Mr. Nelson approved the changes in the piling substitution by approving the shop drawings, but the fact that the Contractor was to both furnish and install the extra two piles did not get communicated to the Contractor - at least not in writing nor in any telephone notes taken by Mr. Nelson, The Design/Inspecting Engineer, Mr. Nelson, does admit that he knew I wanted the two piles furnished and installed at no cost to the City in exchange for the substitution ubstztutxan and I have some -1- Brighton February 13, 1987 Page 2 telephone notes that confirm this. Therefore, Mr. Nelson has said that he will pay__the extra cost to the Contractor for furnishing the two extra piles. This is how the Change Order has been written. I am writing this memo because I feel somewhat guilty making the Engineer pay this extra costs when the City is really benefiting by getting a stronger dock and an extension to our existing floats. Maybe we should change the Change Order by adding $1,500 to item No. 2 for furnishing the two extra piles. We would be getting a stronger dock, free freight, and free equipment and labor to drive and set the piles. The Council needs to amend the Change Order if they wish, otherwise Mr. Nelson will have to pay the extra cost. KK/sw C.O. scat to __ ►-- C 0 . approved by oil C H A N G E 0 R D E R N 0 Pro j cc t Kenai Boating Facility I 11 i L i a L 1 0!1 1)11 Le Contractor western Marine Constrution Inc. Ci tV of-. Keiia i. YOU arc hereby rcducs tcd to comply With the lol 1.01v 1.11t' c:11;111 t,_�c From the , contract plans and specifications: Item Description of changes - gLlantities , tillits , -'No. unit prices, changc in completion schc(illle , etc.. 1. Substitute 24-inch diameter x 1/2 inch wall steel piling g per.specifications in lieu of pile sizes shown on the Drawings except 30 inch diameter x 1/2 inch wall steel piling which shall be installed as required by the Drawings. Payment for 24 inch diameter x 1/2 inch wall steel Piling shall be per lineal foot actually installed and accepted and shall be at the;unit price bid for each respective pile size as shown on the Drawings. 2. Furnish and install (2) removeable steel ilp es -with fixed pile guideposts according to the attached Drawings, sheets 1,2, and 3 of 3 sheets. Net change in contract price clue to this C.O. CHANCE IN CONTRACT TIME Original Time June 15, 1987 Previous C . 0 . s -0- Th i s C;1an ge Order -0-- Rc.Vi s ed Contract Time June 15, 1987 I11Crclasc or Pcc_rcasc) -0- MM -0- CHANGE IN CONTRACT AMOUNT Original Conti -act Amotiilt Previous Change Orcicz•s -0- This Chalipc Or(ler _0_ Rovisccl Coiltrac t !1motiti t _ $1,565,500.00 (Attached) is full justification of e.,eh item on tit i5 C.O. incltiding its effect on Operat ion :111d r1.1tntrn:111�C CWt "his C.O. is not valid until sil;ncd by both the Owncr and Iltgincer. l;cnai City Council li.is to approve all C.O.S. Contractor's signature indicates his agreement herewith, including, ;iny adjustment. in the Cont r.tc:t sum or Colitr,tct t im.*. By 13Y Enginecl' Contrill ctol•- �+ (l w n 01 ttc _ D�ttc I)"itc PROJECT PROJECT NO. W J Nelson� � X�N�� B0�1T/r1/G fflC/L/TYm. SSOCiafeS Cy�,�G,E" D.POE,P NO. i 8�16 CONSULTING ENGINEERS STRUCTURAL/CIVIL P.O. BOX 1666 KENAI, AK 99611 907 263-3563 DATE ENGINEER Z '/O -8% 1 NELSON SHEET i i t ..... .: ... i i IdirA 21L' /Ii,E"W RIN65 ON S,6Ry1cz � i r �-XiSr. _ yY4zz 4 i I I j -XiSr. 9Uy�y.EAo WWzS rd A,�IOY411v. PZ AN i NORTH REMOYEABL.E' S.E.PY/�E BLOAT B Y 01yNER a t o0 -4'X/ST. CONC. PLANKS' TD .QEMA//Y 01 /EX/ST. ABUTMENT \ 6 POO EX/ST. kETA/N/NG {ygLL TO M IN PROJECT PROJECT NO., JKNil1/Wm. e�son'associatE8V471-NC71 es CWNGE O.PD.E.e NO. / CONSULTING ENGINEERS STRUCTURAL/CIVIL P.O. BOX 1666 KENAI, AK 99611 907 263-3583 DATE ENGINEER Z-/O-B% NELSON SHEET 2 OF 3 �I Cv7 /W BAR JLO o %%b woo .FX/ST. 6-ROZIN.D i I /2 SCN 4o I NN w1,os. POsr SCy aaw 40 j _ A/,/� -ORIzr (2 Rsw 140) � 1 o KA"* e s .23 22 [A1 REMOYEABLF GU/DEPOST DET.QSP/7C/NG SLEEV6 DET. i 2 SCALE: /ro_ �._�., PROJECT PROJECT NO. A�EN41 Wm. J. Nelson Sc AssoCiates C/�,9NGE D�PDE.480471IV6P NO/L/T Y 86i6 CONSULTING ENGINEERS STRUCTURAL/CIVIL P.O. BOX 1666 KENAI, AK 99611 907 263-3583 DATE ENGINEER 2—/0-87 1 NELSON SHEET � OF ,1 ijo t i 10 , S1'ACIN6 00 oo 00 f oo i oo 1.'.00/ , f ,00 000 00 i f 010 rA D ETAIL Z 3 No T So /2 " � 8 /O" .40erllak60rAl91,F SECS/D/Y 417 1och"I'MG 'dwy1c'dF SIC 710 N Z L-3) S . T. S. N 3le ''PL• X f-41 1 ro �-iT F/XED P/LE W//v TZR CAP SECT/ON N.T.S. ^4 F CONSULTING ENGINEERS MID a son Associates STRUCTURAL / CIVIL / PLANNING 215 FIOALGO, SUITE 204 KENAI, ALASKA 99511 [907) 283-3583 February 13, 1987 Keith Kornelis Director of Public Works City of Kenai Box 580 1 198? 71 Kenai, Alaska 99611 } Of RE: Kenai Boating Facility Dear Mr. Kornel• .� ��•• � � � � ��• As you requested I have es - q investigated the feasibility of extending the =' existing boat launch ramp and floats. On November 4, 1986 we checked the ramp at low tide, which was approxi- mately .. ..f... 2 0 ' MLLW) . The northerly ramp was found to extend to at least t. 1.0' (MLLW). The construction drawings (as builts were not available) for the project indicate that the ramp extends to 2.5 It seems that the existing ramp, if built according to plan, probably extends out far enough as is. Increased usability of the ram could be • .real ed P iz b extending the float system and bremoving y g y y periodicly the • t t ' T 4 t accumulated silt when possible during minus tides The City has three float .sections in the Maintenance and which appear �• y pp F' to be suitable for extending g the system. Installation of the three ,,.- 4•. t + = additional float sections would require the lacernent of two • t i P additional - guide piles. '} Change Order No. 1 for this project, which we have discussed } •ti •i± previously, , includes a provision for the Contractor to furnish and install the neces- sary piles • Sincerely, ' Wm J. Nelson & Associate r• �N�.:;, ' � + .. � � ' � 1 � j ' " ' I t 1 ' 1 ... - � . � .. � -1�-�..�•,1 tY�l S ,E; 1 1 �h:l. i at 1 t: �i•i•.� •-*t�. • � ` ,- _.. 1 .. t .. M 1 • 1 .. 1 l .-y.,��' ��"i F•ir's �r..I � 4�. t ,C''jJ�t «'•`• t j -- •' I - - r. 1 _ tiA �1 ' '.. ❑ !t" 4t''^�� •�"1 ; '� :3 1!ii �;.� 1 � ; ' { - •_ • i. ' . ' .. i , �� L', -{' -.1 T `' �:.�...-F�t �'•^�h l.r.,+,M n` M. J. Nelson PE a�•:�1.�'F l.�r•.•._ _. 1 . • Princ pal �$�.•[' � w � *_,... � i - ...._ � ' r I -� Z � f, : j a •,..` .i.'111 rr►t, s?., 7�, � jf•~• - t• r �} �• i - .' .__ I - �, �' :�: i , I , ' :r ,,l. ,,,.1r J it-4 `! , .'�., elt'•f t' � � t.a;.. a.• 1 � 1 ,iy 1. •!t � .! �.'{ t � � a4i ^r.i� 7 � •--..�..!• t - '�;.', ...� t �'r'!' •Irt:lte'+: � ; ate:,..• I ..•: w4>t,: '•jig .:`„tr1��•: • 1 r- M u. , . 1 1 - 1 i f (. -t 1 v - - ai',*'S. .•"j t T "'�Y•+ • .. .i •+{ } _ � '� - � , y }� � ,-•� ^'�• .y. I,,..s� M t'. '+. �fti •:♦ .fir �;.s� �"i4-r a�i;Y�' r �� r .. 1 , . 1 - ` � . r ... L. +_ '7t. . r � : jj .ii :� Qt� . w f ,�� A � M `j r gpy•, � yy� �... �. "� . �}^�. .. � � - .. r-_ r , 1 • t � � •• t�.. � S• ':yj. '�{: 1 1► 1•!: 'o. � 1 ��flfiT L'•,i.�t;.•.1•„wk;� "✓�y ,��[7. 1("�"71PL.."Z(7�. .j, � - � a a +.. ,..-p !` "r ' _ „t, t� .. .•. -ir !' - -,# �- [ •�i:}�' i.' h i�„ ,. �.-.� � itl7 rir �F+MIJ� :�'i�y3}[. .i. 1.t ,d � • .h - .. - - f r Ira i + �'�i•✓ t, yj= '(.• g{ 1 - -,; -•3 .e. _, , y ! � 1•R'� :Sl:. s: .;rye �, .'� .-)'•'1 in ,}�`t• .t i Z:: .i '�'i.. .'•y'-!. .�`..� i�- -•i,•i w�, �, . •ft � t .ii s•- , •yj,�.y,"'1•; F�-. �•�.'§s>C,. .1-•siPi • .;� :sf . _ .i r, .... '-'�'- >> . :1 •,'Y ,f: . •� . i tL�'+�C•,i .. � l�'4'- ''' e CITY OF KENAI .� „Dd ;A-yl 44zd.*4a„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 MEMORANDUM TO: William J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: February 13, 1987 SUBJECT. KENAI BOATING FACILITY - CHANGE ORDER #2 FOR: CITY COUNCIL MEETING OF FEBRUARY 18, 1987 I am writing this memo to Mr. Brighton for the City Council Meeting and the Harbor Commission. I would like to get some input from the Harbor Commission members on this Change Order #2 before the Council meeting of February 18, 1987. I know we discussed adding a floating dock to the back side of the new permanent fixed dock at our last Harbor Commission meeting, however, I did not have the costs at that time. I have just received the cost which is $17,650. This is very low because Western Marine is bringing up their own barge. Therefore, there is hardly any freight involved. However, the barge is leaving Washington in March and the float manufacturer needs to make the floats and get them to the barge. If the Council does. not approve of this Change Order at their February 18, 1987, meeting there would probably be a substantial increase in the cost to cover freight. The fixed permanent dock will be setting very high out of the water most of the time. With the use of this dock there will be many small dinghies, rowboats, boats, etc. that will have to be tied up somewhere. We don't want them on our floating dock next to the ramp. This will be ideal. Also, we hope to be able to pick up these floats with the dock crane. Public Works recommends approval of this Change Order. I am requesting the Harbor Commission members to call me with there option ASAP but before February 18, 1987. KKIsw FLOATS.HRB C.U. scllt to _ 0111 !'�I�;C; 1 0 (� 2 C.O. approved by oil C H A N G E 0 R D E R N 0 I'ro j ec t Kenai Boating Facility I r1 .i t i;1 t i o:1 I);1 t M Contractor Western ilarine Construction Inc. Ci t�,, of hc11;1 .i You arc llcrcby rcgLlcstcd to comply with tllc followi.111i c.11;111t'cs f i-0111 the contract plans and spcciflcatlons : Item Description of changes - quantities, 1111i.tS , •No. unit prices, change in completion sc11e(ltllc, etc.. 1. Construct removeable floats on east side of dock according to the attached drawing, sheet 1 of 1. Net change in contract price (ltic to t11 is C:. () . t CHANCE IN CONTRACT TIME Original Time June 15, 1987 Previous C.O.s This " Change order Rexfised Contract Timc -June 15, 1987 T11Crck-lSc or (DO CI -Case) $ 0 CHANGE IN CONIPFRACT AMOUNT 0 Original Contract Mio1111 L $1565000.00 Prcviotls Cllangc 01-(lcrs --O- G Sp. GV This Change* Or(lcl p 1 S-0 Roy1 sc(l Co11 r roc' t� Amotm t 5--=- sL. _. (Attached) (above) is full justification of a.1ch item on this C.O. including its effvct on oper:itlon ;inn vi.-iintcn:111ce.• Co" Phis C.Q. is not valid until signcd by both the Owner and Iligiricer. Venai Cit%, CounriI hA% tt) ,ip1)rovv :ill C.0.s. Contractor's signature indicates his agreement herewithincluding anN adjustment in the Contr.ict stim or Contra t t hne. By 13�, i .ngi nec i colltl%OILIC to r t PROJECT Wm. J. Nelson CSC associates X111,ENA/ B04(11111T/NG��IC/�/Tr .y.4NGE ER ONSIJLTiNG ENGINEERS STRUCTURAL/CIVIL �.0. BOX 1686 KENAI, AK 99611 907 283-3563 DATE ENGINEER 2'/1- 87 NELSON T.PESTLE -�� PROJECT NO. 9616 SHEET / OF yes c o. NIN 12 �-oo �I Zr.�A71" . Z.. & jvzl X7 TDP .5/A iD ,D.ZZ41Z TYP. 3 S� l5 2 ` �C' � 7 ` x Q AO"le iMA011var �l DATS NOTE: �,PDY/DE NO,?,D/C /yfl,P/rV,cr FLOATS f'E.P /�1F.P. STD. S!'EC. //YllUD/�YG Tf/E IO!!Ow/NG. SPA/L/SCUPPf�PS 2. 2xa S7.P/it/GE.PS @ 22"0. c. 1%4x. 3, SETS 2.y 111, 9 fLDAT. 9: P.POV/DE CZG' �.P,Ess, T,PEAT,ED ,BEM F/.Q -?p6/ LU/y,6E,P 3. �.POY/DE %8 GAL 1/, STEEL &4R40W.9.PE. 6. ZA6 BVY7 AZZ GALV P. s F. FIDATAr/D�V ty�Tf� /0" f:PEE,BOA.PO. 8. 2" � GALV �/lE Ileaf's 1'4 ,lOCAT/ONS) F. S:I/OP D.PAW/NGS TO BE AP�,QOVEo "Ie9,f Td FAB�P/CAT/ON, ? * Yco Wxyz Iz"Z;e IAPIZe- 4r///S C, D. Wm. J. Nelson & Associates 215 FIOALGO, SUITE 204 KENAI. ALASKA 99611 CONSULTING ENGINEERS STRUCTURAL / CIVIL / PLANNING (907) 2e3-35F- February 13, 1987 ,' Keith Kornelis �.�..�.� :T. ! _ 7.1 Director of Public Works tip - :.. .-}•�1 CityKenai Box 580� Kenai, Alaska 99611 RE. Kenai Boating FacilityI- Dear , Mr. . Korneli .,� '=i•-- As you requested I have investigated the f •- g feasibility of installing floats ..a.� -;' °- ; : ; • along the east face of the dock. Four types of floats - _ were investigated: ,�- •.-. _ 1. Precast concrete floats • - y � a ,} . I �. by Bellingham Marine Industries Inc., _ • . ; 2. Prefabricated•:..L. ..: iwood floats by Nordic Marine Float 3. Prefabricated steel floats by Unites McGill Corporation _ _. -• ' .� 4. Prefabricated polyethylene floats b MEECO .... Y Marinas Inc. �'' ' � • All floats investigated utilize injected � - foam filler for floatation units. ' Copies of promotional literature for all four types are - . YP attached. • ' - • After analysis of the ' vario�is o '" r options I asked the Contractor for installed ' costs for the concrete and for the wood floats, The quote • ` - q for the concrete floats by Bellingham Marine - was ?` _-�.:`� . • $ 30 , 000 for ' , x 1 + The install 7 20 float . _� �� ;.• . installed cost for the wood floats by Nordic Marine would be fora 7 x 100 float. Both ,. E ..r. a4 • quotes include the installation of two guide piles along the east face of the e dock The 11 • r r . �- i - i f�• ,:` i' l r • 1 �. Sbi i } �, ,pry installed prices equate to 35 71 1 t $ /sf and $25.21/sf for the concrete : wood floats respectively. n :•�i .and W a i• r 1 T=i r; !`•1, , The material costs alone, not including freight, installation and Contractors overhead �} '• • and profit for Items are -approximately a 3 and roximatel . F �, PP y $40.00/sf and $30.00/sf respectively, y. Items 3 and , -were t P 4 no investigated furthur due to high cost. •, � M t ;'l '�''^;�,� • ! t 1 .. y a "i i �. 1 ,111 ,.y �.^ hr The advantages of concrete are better '` stability and durability. Advantages of the wood float include significantly reduced w ht y weight which will aid seasonal removal and the relative in • , , ative ease of repair, -- ' �= � • • The existing boat ramfloats City '- ' •P are of wood construction similar t V the Nordic Marine ° • Sin City .-. .• • _ .. � . _. . ,- . , ; . ;_� . =::. ': I„�,,,_1 Since the ty has experienced good 'performance ' • floats g P ance from the existing wood �r•��=+�' and since a cost savings of approximatel$10.00/sf�I have � can be realized #tw�� j•-�. �<�. prepared Change Order No . 2, attached which would a �• R �`` `" uthorize the z=' purchase and installation of the Nordic Marine �� - - wood , floats - _ r ... . S. ,= s i ' �•,. + � •..a,� ... - .. • f .. .'+' r-.._, , - .{.�t,{`�.�. ,• .e's.t r�. ,�" K r.,«•a# „r� � 9 iYt y, 1 4. - - - H .. '. 4 i ~ t-+• ,t' r- i;.:w°'. ,F a _ {.-. •-} ..r i:' �► fi .,"��Y :,it y.. , _ • ° - • ._ 1 ! t -,:, » J ♦ ! a yt r.fi i:- r"r,..._T.` •rr` ; is .-..n ti A �'.. :.1 .#`! r.Sv q •.y it z. - L ` 7,�. Y,,i •4.. _ j >;: .. t�� :'a'.. ..... T• - •>;.1 ., ... ... s-ifs-..iu. I•%".. .. 'z"'rW 9I++r J'8-.',-'CM - >a'/1. {'+..:'!�:.t >.. ,yd.h'...t . .Z.,e.a or' h.:• T"r�ai ... �l�'M1r �•.i+'.� - ! t 11 1 .'1 - r +' ' ..• L.,•: ' ��;.. � ; �, � � , � �I j, r ,t tip,;• j�. ;1�, +}J- ,�. t r y... ►,2 .' s Mt 1LT - .. � „_... � - i � -x+• •t,+. : is •1 .. .. ' ...: r - .. i r.l•'" { r.., ,� - _ , t. !,*�3T•''.'.'t-'�S �S.%:`'��.Mgrs 1'If " , .1 .. " ;, J .i1 � "i , i ,. i. _T!i+'r�.+�.. , .��'u .1 f ,.�,.•.{r��`'ir '•�'.t}„iyy�.it•y,'�',�'��,� ASA .. - ,. - ' F f �• + ! L t � _�y t t.V , ; ,'. 1 .f,+.}t � t Y '� "y , � i f}� '2.7'J'�Nr�T��k=1'L r j'�'�v'��T • •t - - L �' - `'� a a,?• ++si •�''�t"t_I?S r ;...;�. ,: .ii�"'�4 F fl ter. 3 •i••��• - "" .�; - - .. L' i `; .1 Tfj'.. t ,� •"it'��+:ti � M� "'l�.A� � ��a,��,�„r� t'�7.a'�`.� A� - i ,f .- j .., � � - I i "r�,,.� .�"*i.7��'�{,-�, f+l��. �''� 'n,• 'R' � M,�,+$„'j�,it,._ �j..v ,� - j - 1 .•{' t "., , . s S -.. ♦� ," . ,f, ?,R r'•� ►. T • ' '. `.+,. ',j : l'Si : fII ,c s' R. w �:�► • akM. �'_ ... Y. ..: .V . ,' ..�.�.!... 6-: y,R♦.N .-E+ .�'� :'• .`� •• � .:. .. i . .:' fw. j '-♦. { y, YLif4 S �%• r -r 4Yr:.. .IHL'f' ✓-. _ t} �f,.;4. ,1 I '.1 ,.•,r.'tr �:�.., w Y,, ,r.,,iY-,`.a'� ,; .�,-: ,, .'; , ! � Bellingham" Marine Industries, Inc. 'C' and Maple Streets Post Office Box 8 Bellingham, Washington 98227 206 676-2800 'ebruary 5, 19�7 Western Marine 7760 Eighth Avenue S. Seattle, WA 98108 ATTENTION: Jim Olsen REFERENCE: Kenai Float Supply Dear Jim; ATTM`HNENT We are pleased to present the following proposal for project: the above referenced INCLUSIONS: A. CONCRETE UNIFLOATS* - consistingof: 5 each Hinged � � • Sections 7 overall wide X 2416" Long B. GALVANIZED STEEL WELDMENTS including hinge assemblie s es with stainless steel pins in addition to ' 5 pile hoops. C. FABRICATED, TREATED (PENTACHLOROPHENOL) WOODEN WALE SYSTEM including �� R double 3 x 12�� walers on all walki,ays and also includes rub strip and pile rub blocks. D. GALVANIZED STEE'. THRU-RODS, (ends threaded) nuts washers, bolts, nails, and miscellaneous attachment hardware. v uNigLoAr ATTAv`HMENT PACE a" OFF_ Mr . Jim Olsen February 5, 1987 Page Two INCLUSIONS, continued: E. 4" X 6" BULLRAIL with scupper blocks and attachme nt hardware. F. SUBASSEMBLY INTO LENGTHS AS CONVE14IENT FOR SHIPPING G. FREIGHT PREPAID TO SEATTLE, WASI-iINGTON. H. SHOP DRAWINGS. EXCLUSIONS: A. OFFLOADING. B. UTILITIES OR PROVISION FOR (OR EMBEDMENT OF) UTILITIES. C . SALES TAX FREEBOARD: The standard 30" and 36" high concrete UNIFLOA TS included in this proposal are designed to maintain a freeboard of 1511, plus or minus 111, SHIPMENT: Within seven (7) weeks after receipt of approved P pp ed shop drawings, based on our current production schedule. PRICE VALIDITY: Prices are valid for firm orders laced within a period of thirty p p y (30) days after quotation and are subject to reconfirmation thereafter. PAYMENT TERMS: Net cash thirty (30) days from date of invoic e, Method of payment to be approved by Bellingham Marine Industrie s Inc.'s credit department prior to start of production. A la te charge of 1-112 percent per month will be imposed on all past due e accounts, unless a higher rate is applicable. If Bellingham Marine Industries, Inc., is required to proceed to collect the account under adverse conditions, the customer shall pay the cost of collection, including reasonable attorney's fees. V BACKCHARGES: Backcharges 'for corrective work performed b representative p y Buyer or his re p ve will not be honored without Seller's written acceptance. Seller at all times retains the right to perform corrective work on his o g � own behalf. bow rTTM:NMENTAGE. 3 .� OF.,_,_ Mr. Jim Olsen February 5, 1987 Page Three We hope this proposal contains sufficient detail to permit your fullest evaluation. Please feel free to contact us at any time for further information. Sincerely, BELLINGHAM MARINE INDUSTRIES, INC. J. Everett Babbitt Marketing y �r �zay a: is'i i.•!?'r .7�`a'. :L'/fe`t+�,j lIe3 •Y:x it`w !,, {+'., ;� ,�b -„{`fir l= '.'r �;r�f%�. ,• s'+1-•i 1�. ` f.�_� ��aa.Yi.,i:'."•f'9Y'1�t'�2�''«II!''T,'!'Q`ti...- •. .a ,...l. :,F+ 4�. • L: s, Y.tc' s ��•i" %i'�1" :�i�li.��r'%G` ,�'• -s•. #.i �, � s� •'�.'' �•. ', t_ f•' ;.1',,.t,!�``�� ' -�`. i ,a 1.l''�"-�••T _-i.ic, i ,�[�-��•is ••�.I; �¢T. "',, ��/'��'s*�� 'It•' �. �t�V�Ai•,f �. •^i ��?• _�, v' �!��;.y. �M �'y�'`%`r �'1w��'.'-!►' �:.pr 3 •Ktti�' "+s ,Z•-.i `,L �.. .�Sl'`s L'�'Yf, •fir t -.,� r. y♦ .i3c*si �^?p��•.G'f+#�° wj� �..,.<:.Y.i.:r..i�s� r w1a�,. �`.n4l ^'� i :•lyi+s.t t.es`�++,;i f Y, {••r �•: 5+.->� ♦ ♦yYr..t11_•T'+v ; .y •,fsr�,�J lr(..::1.y$ - 'tY� s .a. .r.Z...•�7.�.,:��. •:�.. t.^..M".iI�,I !.l �__r. .jjl �:Jiati �.+,:-2 •- V �•� -st��r;y.p, -• '�y�(" c!'j.•�i �+Y.a�j•i��`�'y+�'.4i'•r5e�� Y �i•-?7� �.•� 'ems:•., t �� 10, �..�:` +14, r :z _ x.*�!E 1 ,,' i.'� _ .; - s` j } .r,.,,c�1!�s*:��'�' �° �:: K�rL' • .t..�• ^' ti ;v'- . Nk f.. :/6`%s ..."+••• v'ri::•'•'^ .,`•.f. .1.:4r.:�••+ •.F nw �.' •�': .. _: s;+ •'r;�-.t T,s�..- Y.', !�t ....•1 �f�if? a. .. V a�r•�lsi-; ' �• +,� a . ti,•a . :�'t _ �.,.�� " � �yy �f; Y+i; ♦ : vtt S , fir. -c:: a .�1. 3 � `t ' r•. � ,.. ••'' l-'/•. �i s :. �!: i• �,,•t_�'�T'•y.''� w.: •: 3:¢�i'. '..`T T.T�'� .t• ��,t�l��:+- yy;.�, � e.r...�. ram• »,y �. •;4�1}.� t:t�.�r,[,r�w•1: �•.2� !Y ��y�r.l .-1'1.�• `. M t��- �„ 4» 'u 1 �•=..M ;.� ail.?��{..syh .� 'S. ! r b:'. { i.:. '.t i:.' • �• -a' .��!R►:3!'y; �'`R t`f'f�.'^ AA f.F #v ?Yrl..o�i►, .!!M -5 �.y .1 y:I: 1•:i)•� 'lt 3.0. •`? s•!�C. E •y, ",'=x. 3' ♦`mar~-''Lr'Ss` �: ' ti1.St•',�'�i��% v• y� •,,.�. ..,.i -1, f�` �s.�., `''.''7i .iF�.i��:�7��+� i S'' .a\W'.-;. I+ -�r.'.,s.11wri{i�� .-�?"C� ;'►s �`'� �±,, yr��>et'r'} 'M�.�" � •_ S �it y ��• h �, � 'a� ;�Y •i!• -�' '""�% v�a.3a taa�iY•i%E-�.+sa'.= EC.iIKaJ�.asiiiwS�fi�C.:�it1�6i r r, � : i. - 7 .�== A. • i'; r+.4..-.L'�-; F •;Z� • �1��.'`T•ic. s+�L-�•ia,++5► - � ;i� f• �; r ��t�A4- ''- .y . � ��,y' a •s!'��-* � y"+=i�:ii1..e1�t�.a �4113 - �" ` T'�c C'T.'`�, j. _y-i � y'��-:. ,�'�, t"'" .y� t......, s � yy , "� •. • a � 1„ • '�':)� '� ��- i�= •ti�.1.. '±;. ` BSc«�`i T=i�V= NORDI C FL O TA TION ATTACHMENT 8 It is through Nordic's engineeringt3 group that g p at Nordic Mar ;rye �s able to com and personal service to bring you our unique patented flotation filled double tire system. Our flotationconsists of polystyrene e casings which yields an average of 320 pounds of flotation per p unit. FLOTATION UNIT (TYPICAL) FLOTATION RANGE: (PAT. 3,834,336) APPROX. 230-300 LBS. — 24" TO 28" LIVE LOAD APPROX. 270 LBS. AVERA �� GE 18" TO 22" POLYSTYRENE DENSITY: e ,�✓\� 1 LB. PER CUBIC FOOT - APPROX. TIRE CASING (TYPICAL) BASIC NORDI C DOCK CONSTRUCTION STRINGERS: END CAP: (2,. X 6 2„ X 8", 2„ X 10" (4" X 6", 4" X 8", 4"X 10" AS REQUIRED) 0 AS REQUIRED) � BRIDGING; 2" X 6" SLEEPERS , �� (2 X 6 , 2 X 8 , 2" X 10" AS REQUIRED ) ALL METAL H •- - 2" X 6" DECKING OT DIPPED W ( OOD OR CONCRETE) GALVANIZED FLOTATION UNITS LUMBER USUALLY CZC PAT. 3,834,336 PRESSURE TREATED WALER: (4" X 6", 4" X 8", 4" X 10" AS REQUIRED) NEW NORDIC PORTABLE FACTORY MANUFACTURING PLANT �� • ., 1+•"� .• '� =.�:,� .p :"'+' � . C'• ' i*!hy' C • s :� �" 4„s., ��R��,y �'^ f> �1.1 1 � j: � '� FL �!4 � S,- � ••w' d' ,,r' f i r ? •.t• �`" � 4r :%Z:�t �.�. Jriv +�;:T. !; <4.•= •��,,•�•' •'i: i � •;rv.• �t J. I t+' ;�i�:t,.'+; ��Y s{.-�x'-,r;{i �!,,.. �:' �T j. '•�; ��'� ►. uni ed Flotation Sys'[ems Designs, ManufacturE Philosophy United Flotation Systems designs to the specific needs of the customer using proven standards and materials to meet your budget and life span requirements. Experience and Capabilities We have been building floating struc- tures since the middle 1960's and have well over 1,000 installations. our 185.000 sq. ft. plant in Columbus, Ohio features the most modern fabrication equipment. All welding is done by certified welders. Flotation Pontoons We offer a choice of pontoon shell mate- rials for freshwater, salt water or indus- trial ponds. All pontoons are filled with expanded -in -place polystyrene. The continuous pontoon adds beam strength and torsional resistance to the dock structures. ram..+ sI �'.•� `_` K:. i f � / Galvanized Steel C }r r :;Jib%. :" ..j •3y„ '_,,. K� � • "'�` �: ;•'emu,:.:.: ti ;'c�'�XT �.i• Aluminum or Stainless Steel Bitumast ic-Coated Steel ATTAR: iiEfT c Engineering PA►O % 0 Each and every project is designed by United Flo ation Systern s in -House s aff o Registered Professional Engineers. A few considerations which must be reviewed are: • Boat width and length • Fetch and reach • Tides and water fluctuations • Water type and quality • Wind profile • Live and concentrated loads • Freeboard requirements • Water depths • Deck and flotation loads • Wind and wave action • Bottom conditions Material and design choices will be made from some of the listings shown. Low maintenance costs is always a prime consideration. Slip lengths and widths vary with boat sizes. Walkway widths are available in 6 inch increments and in lengths up to the maximum shippable length (usually 60 ft.). Warranty United Flotation Systems provides the strongest warranty available. We were the first to warrant for more than one year and the first to offer warranty bonds for one to five years. Structural Frame Construction United Flotation Systems offers a variety of standard and special frame designs in both galvanized steel and aluminum. The structural frame sits above the waterline with no underwater bracing required. Inspection and maintenance (if required) is easily done. • Single Plane I�'I �II�iI '• Modified Truss • Single -Plane Tube • Channel Frame with lift -out utility deck) 00000-0000 �~ • Field -Bolted Frame 0 Copyright 1984 United McGill Corporation :� • ,. L � 4 �� •C 1:1' t tii�•..•�.' 1� 02488/MED • r ,. L PAO .. OF BuyLine 4832 .. ttpr•�. . i, �,.. o ,� '•A. 4. S RENG H Is VERSATILITY 1, MEECO DECNG �':ttllc•r ❑ White concrete «/nlarble chips rL r. 1"S and ' ❑ Gray Concrete l t)I)cr:lts -1. � x 6 trey I ';;. treated wood `iEI trust 1`Vt.$jib c•crin, E'riM S -ice )t Perillla A J3 . ' rib v-d6-- architd2: _ Talc nla.. :► . _ . • rill i t ,1c q-j,,q eakwatc7 y ,rsatility I c t fits C%-vv, r f'f e rs r11t, r he i 11-_L, .11 the teri Water y-.T- I S .' 14w`rrc umtnum Ltltlt)n�. �� a� � •�� t t/4 I •�1:��;; A t l c c k l n„ 1, .. I cons[ l'U►Ua 4 }oftc 1j for site e aril• Vr, , Y •I: ,! �'l'i1C1� �'• 't': t we reco gili:e that one .bets al;,l tsti"Wl s sr..:, 9t •uit every site ,lnd that �:ike :1 r..i' ;+ + '+ ►—� • +11t a ch()ice in architectural ecti%• . ' , 1 r.:. + i •i-.. ,s;-;�•,Irance. Because MI:E:C-O ,t ail 9i%T c'r f':m,-.>� =M•�:tea! rllrnkc•y. Or MEECO will At •1i:: i' aa�acnll�lc•d (11c)dllles, shl�l IC lit kit I Illation ()f tllc•sc•, 4111 tail. • �R. i'•�'r'`titi�',I ()n-site' 'Isslstallcc. R 1•� f rticti�)Q Viz... (i Matlu6ieturing r})t• 10-,icre NIE:EC:O l)I,ltlt, il;lrl� • 'i + �,•I I I. 111;lkle to order 1)�• skilled J • • III, rvvAJ �}'�P�'""*•• •a ta,r1;; •t,ltc•-o)f•-the-;lrt nl,itc•ri,lls •'• �� ''r >>'tc'�. Qll,llit}, co ntro l :ctlt)n. 1-�•;,...t. �!E:F�;�) �c•;irr,int}• i1it )rc• t h:in jor Ise fi'v,. has LI Veloped the largest selection ()f proven products ill tilt_• world, our Pro- ject Engineers c,ln make sf-ic•c ific rt_•c0111- illhncl,ltit)nS 11,1sed 011 OIi)I:C 71VES9 MEECO FLOTATION ❑ Encased polystyrene - Roto molded, polyethylene float - VaCt.111I11-formed polyethylene shell - Metal encased ❑ Molded polystyrene - integrated with frame -1)Olted to frame U Variable freeboard ❑ Variable live load AESTHETICS ,lnd ENVIRONMENT. if OUr analysis indicates our f)rc)dllet is nt)t cmilf):Iti1)le with the e11%,irc)nnlent, We «•ill decline to hid. Shipping; bt),lts in less tulle ;it ,1 lower • . MEECO TRANSI)ORT will de- the 1\11:1:C;(� ct_r cc)sC wit liver to ) Ymir site at ec)111f)c•titive rates a � ' talker C�ralle. Where crt)�tdill� ,Ind high I:in�l ct)sts :ire• deE)C11dabic ()g)ti()n that c:ln s,1Ve COstl}' Icro t11 • , delays. c 1��)�.`�I_ 1~lt):iting Dry Storage Sj'stc'lll Is tilt_• ,()Illti()il. Dr}, Storage The NIEEC O IZOI'AL is the tlni(Itle, st,lte-()f-the-art alternative to c(mv •ntiml-.11 1)();It dry -storage. Available ,is ,I land i Ased building ()r as ,i fl():Italy; building, the ROY,•\L can st0l-C 11ic)re Nfay We Bid? 1\'1EE:C;O n1,In,l t_•nlent is ready to 11CIP YOU tt)d,i}'. Call t)lir tt)II-free• nlini- ber I()r i11t)re infm-lil:i(it)il ;lnd :i current list ()f `11:RX) f)r()jects in ymir arc••i Introduced by: Glick Date: Feb. 17, 1987 Vote: Action: ��C, KENAI PENINSULA BOROUGH RESOLUTION 87-19 REQUESTING THE GOVERNOR AND LEGISLATURE TO APPLY A FAIRNESS PRINCIPLE WHEN PREPARING AND ADOPTING THE ALASKA STATE BUDGET FOR FY88. WHEREAS, we understand both the decline and volatility of our present economic situation; and WHEREAS, we recognize the need to significantly reduce the state operating budget; and WHEREAS, we are respectfully requesting that a fairness principle be used as reductions are made in the state budget; and WHEREAS, that in establishing priorities different state agencies will receive different cuts but the composite of all the program cuts will represent an overall percentage reduction; and WHEREAS, that this same percentage should be applied to the municipal formula programs such as school debt reimbursement, school foundation formula, municipal assistance and revenue sharing and to do otherwise would be unfair; and WHEREAS, while these programs vary in individual importance to each community, in combination they provide some of the essential lifeblood to local governments throughout Alaska; and WHEREAS, they are also a critical element in the partnership of service delivery between the state and local governments; ' NOW THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: ' Section 1. That municipal entitlements (municipal assis- tance, revenue sharing, school debt reimbursement and school foundation) not be reduced by any greater percentage than in the state operating budget, exclusive of municipal entitlements. Section 2. That the relative percentages for distributing monies appropriated for the four municipal programs be unchanged from fiscal year 1987. Section 3. That upon adoption, copies of this resolution shall be distributed to Governor Cowper, Senators Binkley, DeVries, Fischer, Kerttula and Szymanski; and Representatives Cato, Navarre, Swackharn.er, Wallis and Zuwacki. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS DAY OF 1987. ATTEST: Jonathan W. Sewall,Assembly President Borough7GIerk 2 AME OUS is dis wit qua Per. P EIS sec 01, CITY OF Ki 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 MEMORANDUM TO: Councilmembers C.' ty of Kenai r FROM =j m Rogers, City Attorney City of Kenai DATE: February 11, 1987 RE: City of Kenai v. Ferguson Case No. S-1435 and S-1478 On February 6, 1987 the Supreme Court of the State of Alaska issued its opinion in City of Kenai v. Edward A. Ferguson. While this case is not fully resolved since it has been remanded back to the Superior Court, the most important issues have been addressed (see attached chart showing issues raised and results): The decision affirms the City's right to demand an increased rental from Mr. Ferguson for the years 1980-1985 and beyond. The decision also upheld the City's contention that at a minimum, it was entitled to fair market rental value for the property. The Trial Court's decision making Ferguson the prevailing party was reversed and remanded back.to the Trial Court for a further proceeding consistent with the opinion. The decision affects the method by which appraisals of City property should be done. Future decisions of the Council relating to the use of the Property should be made with this opinion in mind. This dispute dates to the City's attempt to increase the rent on Mr. Ferguson's lot (the Tesoro Station) from $1,140.80 to $7,017.00 per year. This renegotiation was attempted pursuant to Paragraph 10 of the lease. When renegotiations came to an impasse, the City would have normally resorted to Paragraph 33 of similar leases which provided for arbitration. In this case, for some reason, Paragraph 33 was not a part of the lease, which was dated August 20, 1970. The City made numerous unsuccessful attempts to negotiate with Mr. Ferguson for several years prior to filing suit. The City's suit was primarily concerned with increasing the rent. It also sought alternative and/or additional relief through forfeiture and termination of the lease, possession of the property, all rents due, costs and attorney's fees. Mr. Ferguson denied the complaint and counterclaimed for a breach of the covenant of quiet possession and a declaration that Paragraph 10 of the lease was either invalid or did not give the City the right to demand additional rent without Ferguson's concurrence over the entire fifty-five year term, The Trial Court held that the rental for the period 1980-1985 would remain at its original 1970 valuation of $1,140-80, but that for the five-year period beginning July 1. 1985, either party could seek a judicial determination of the fair rental rate. The Trial Court also interpreted Paragraph 10 as permitting, but not mandating, renegotiation of the rent every five years. The Supreme Court affirmed the City's position that Paragraph 10 of the lease was enforceable, The Court went on to suggest that good faith is implied in the contract and that it requires the parties to attempt to reach an agreement as to the rent of the property for the five-year period. . The opinion suggests that while it would be inequitable to force Ferguson to quit the premises after substantial reliance on a fifty-five year lease,, it would be equally inequitable to allow Ferguson to continue using the property without reasonably compensating the City* Of particular importance is the Supreme Court's refusal to embrace the City's method of appraisal, i.e. highest and best use .of the property, The Court concluded that the proper method of determining valuation under this lease is to determine the fair market value of equivalently used property from which a fair - market rental value should be derived. This holding affects the City in several ways: 1. The decision suggests that the City can no longer simply have an appraiser determine the highest and best use of the property and then apply a six percent (6%) return as the fair rental value. The appraiser will now be required (absent a new provision in leases) to first determine the fair market value of equivalently used property and then from this figure derive the fair -market rental value, 2. The decision also indicates that whatever use of the property the City Council approves in the lease will be the basis for determining the fair market rental value. In other words, if the Council were to allow a property to be used as a parking lot 2 when it could reasonably have been used for office structures, the property will, for purposes of renegotiation, be appraised as a parking lot, not the highest and best use, i.e. the office building. In addition to the important considerations above, the opinion also reversed the Trial Court's dismissal of the City's complaint for back rent for the years 1980-1985. The Court then went on to make rulings as to several procedural issues regarding the Civil Rules which came up during the course of the litigation. The Court spent a considerable amount of time discussing the City's allegation that the Court had abused its discretion in allowing Ferguson a chance to amend a motion to withdraw admissions which had been deemed admitted by operation of Civil Rule 36. while the Court concluded the Trial Court did not abuse its discretion in allowing Ferguson to withdraw his admissions, the Court did uphold an award of $700 in attorney's fees assessed against Ferguson as a result of his counsel's effort to get the admissions withdrawn. The Court also remanded back to the Trial Court the matter of attorney's fees for the City as the prevailing party. Interestingly, the Supreme Court, while rendering a decision favorable to the City and upholding a lower Court award of $700 in attorney's fees to the City, allowed, without comment, $750 attorney's fees to Ferguson, plus appeal costs. More attorney's fees will be awarded to one of the parties upon remand; presumptively, the City. TR/clf 3 r NOTICE: This opinion is subject to formal correction �'ection before Publication in the Pacific Reporter. Readers are requested to bring typographical or other formal error attention of the Clerk of thes to the Appellate Courts, 303 K Street, Anchorage, Alaska Qi 9501, n order that corrections dons may be made prior to permanent publication. THE SUPREME COURT OF THE STATE OF ALASKA CITY OF KENAI, 3 Appellant and ) Cross -Appellee, ) v. ) ) EDWARD A. FERGUSON, ) Appellee and ) Cross -Appellant.) File Nos. S-1435 and S-1478 O P I N I O N [No. 3155 - February 6, 1987] Appeal from the Superior Court of the State • of Alaska, Third Judicial District Kenai } Charles K. Cranston, Judge. Appearances: Timothy J. Rogers, City Attorney, y, for or Appellant and Cross -Appellee. ppellee. C.R. -�' ' j•�-•=� �� ' Baldwin , Kenai, for Appellee 1 lee and PP Cross -Appellant. J I V Before: Rabinowitz, Chief Justice Burke • Matthews, Compton, and Moore , Justices IJ•H RABINOWITZ, Chief Justice (30 r W. ; OA EaOp k 01 This case arose out of a dispute over a provision in a fifty-five year lease entered into b the e City of Kenai and Edward A. Ferguson. The provision was an agreement to agree to future rental terms at five-year intervals . s. The core of the dispute here is whether such a provision is valid and, if so, what, standard should be used to determine the rental. Also at issue in this appeal are the � . pp _ superior court s rulings permittin g withdrawal of admissions, awarding of attorney s fees, and continuing jurisdiction over the case. I• BACKGROUND, In May 1970, Edward A. Ferguson(Ferguson) g ( guson) bid for the right to lease Tract G2, Airport Lands G • p Gusty Subdivision, Lots 1, 2, 3, from the City of Kenai (City)* y) Ferguson was the sole bidder. His bid was accepted b the City y and a lease agreement with the City was signed by Ferguson and his is partner in August 1970. The lease has a fifty-five y five year term. Through a series of assignments Ferguson became the sole lessee of Lo t 1 of the Gusty Subdivision, and the City remains the lessor. Paragraph 10 of the lease agreement is the subject of the instant' dispute: 10. Rent Escalation Every Five Years or Less: In the event this lease is for a term in excess of five years the amou nt of rents or fees specified herein shall be subject to re -negotiation for increase or decrease at intervals of EVERY FIVE YEARS from the 1st st day of July P g the effective date of this lease. [Emphasis in original.] -2- 3155 t Subsequent to entering into the lease Ferguson built g a service station on Lot 1 with knowledge of the Cit y, ity. In May 1980, the City sent Ferguson a letter and asked him to sign an "Amendment to Lease (amendment) which would have increased his rent from $1,140.80 to 57,017.00. This was purportedly done under paragraph 10. The amount of the new rent was determin ed by applying a formula adopted by City ordinance. The formula called for a six percent return on the appraised • pp ised value of Airport Lands. The letter asking Ferguson to sign the amendment termed the new rental rate as "the rate we are proposing for the period July my 1, 1980 through June 30, 1985." It then requested Fergusonq to.. "Please execute and notarize the enclosed l 'Amendment to Lease' and return it to this office You will be receiving adjusted billing an ad7 g at a later date. Over the next two years the City and Ferguson communicated but failed to resolve the rent renewal issue.1 The 1. On June 18, 1980 the City Ferguson again requested to execute and return the amendment. Fer q on responded that he was not advised of any negotiations and found the appraisal used �� by the City to determine the new rental rate "completely reason" because it wasp tely out of much higher than the property's current assessment. He informed the City that he could not sign the Fergusonmendment as it stood. on g g tinned paying his rent according to the old rate. Based on this newly calculated rental, the City informed Ferguson that his rent was delin uen •t a t and that if it remained unpaid his lease would be cancelled in May 1981. Ferguson, through counsel, responded that the City had r to cancel his lease until -� no grounds it a rent agreement was reached, and asked footnote continued) -3- City then contacted Ferguson's counsel and advised him that renegotiation of the lease was more than three years overdue and that unless Ferguson paid the amount due' according to the Cit ' g y s appraisal (including retroactive payment to 1980) within 30 days, Y , the City would proceed to terminate the lease and collect all sums due. Ferguson responded that he was willing to negotiate' the rental rate but was not willing to accept a rate di ctated by City appraisal and formula. The City then filed suit seeking forfeiture and termination of the lease, possession of the property, all rents due, costs and attorney's fees. Ferguson denied the Cit 's right Y g to relief and counterclaimed that the City breached its covenant of quiet possession, that paragraph 10 of the lease either was invalid or did not give the City the right to demand additional rent without Ferguson's concurrence, and that Ferguson was entitled to a declaration of rights to that effect. The parties filed cross -motions for summary judgment, and the superior court ruled in favor of Ferguson. The court dismissed the City's claim for rent based upon the "alleged" negotiation of the rent under paragraph 10. The court (footnote continued) the City to propose a procedure for negotiating the matter. The City then suggested to Ferguson's counsel that since Ferguson� objected to the market value appraisal obtained by the City, Ferguson should obtain his own professionally conducted appraisal. If there was a difference in the appraisals, then the difference could be negotiated. Ferguson never responded, -4- 315s 1# interpreted paragraph 10 to mean that either party could negoti- ate - ate for the rental amount for any five-year period beginning Jul g g v 1, 1985. If the parties could not agree, either art could party seek a judicial determination of the "fair rental rate;" the rent would remain at $1,140.80 until a new rate was established und er paragraph 10. The court further interpreted 10 as paragraph permitting but not mandating renegotiation of the rent ever five e vears. If one party sought negotiations, then the other party Y was obligated to negotiate in good faith • g In fixing a fair rental rate, the court directed the parties to another provision of the lease for factors to consider in adjusting the � g rent, and found simply arriving at the appraised highest and best use va lue a lue ! was not contemplated under paragraph P p g aph 10. This appeal and cross -appeal followed. II. THE SUPERIOR COURT'S GRANT OF FERGUSON'S CROSS -MOTION FOR SUMMARY JUDGMENT AND DISMISSAL OF THE CITY'S COMPLAINT. A. Enforceabilit of Paragraph 10 of the Lease. The superior court concluded that paragraph 10 is enforceable as a matter of law and that a fair rental val ue should be implied as the rental for the five-year periods Y A for which the parties are unable to ne o ' g bate an agreement. The validity of the superior court's summary ' decision turns judgment ns -5- I on this conclusion of law.2 We sustain the superior court's holding that paragraph 10 is enforceable, Good faith is a term implied in ever 3 y con tract, In this context, good faith requires • q fires the parties to attempt to reach agreement as to rent for the property for the five- year period in question, Forcing Ferguson to quit the • property after his sub- stantial reliance on-the.--fifty-five-year . length of the lease would be inequitable, as would be allow' • allowing Ferguson to continue using the property without reasonablycompensating • p ating the city, The City had notice that Ferguson g intended to use the property to build a filling station. Ferguson constructed nstructed a filling station on the propertyand subleased eased the station for an original term of ten vears with renewa l options for two successive five-year terms. Under the terms of the lease Ferguson could neither sublet the premi ses ises nor construct a filling station without the Cit 's prior c _ Y p onsent. He expended 2.. There is a split of opinion. throughout state g courtson the validity of a lease provision which agrees to a future determination of a rental term without • specifving either a prescribed method or standard to be used in ascer ' rental rate. See generally taining the new • q rally D. Feld, Validity and Enforceabilit of Provision for Renewal of. Lease at Rental y Subsequent A reement of to Be Fixed by Parties, 58 A.L.R.3d 500 (1974); 2 M. Friedman, Friedman on Leases § 14.1 at 70 - . Jaeger, Williston on � 3 808 f 1983) , 1 W. Contracts § 45, at 151-52 Od ed. 1957); R, Schoshinki, American Law of Landlord and Te (1980) , Want 9.6, at 613-15 3. Guin v. Ha, 591 P.2d 1281, 1291 Alaska 1 • also 3 A. Corbin Corbin( 979), see on Contracts 5 541, at 95 (1960). 3155 4 { substantial sums in constructing the filling station. On the. e other hand, Ferguson should not benefit from a lease rov' p lsion which he asserts is unenforceable in order to obtain a better bargain than the parties intended when the ' y entered Into this long-term lease. Courts are no longer reluctant to supply lease terms when parties who, at the time of cont rg actinagreed to set o _ 9 r renegotiate particular terms in the future, are unable to reach agreement. This is particularly true when the amount of renta l is the term left to future agreement. Chanev v . Schneider, 206 P.2d 669, 669 (Cal. Dist. App. 1949). In concluding that para- graph 10 of the lease is enforceable in the factual circumstances just outlined, we find the reasoning of Chanepersuasive . Therein the court wrote in part: [ I I ntent is to be determined from a view of the instrument as a whole, and a consid- eration of all of the facts in the case. If _the agreement to renew was the essence of the contract, and the terms of the lease or the rental to be paid thereunder were to be fixed by agreement, or in some other way, at the time of the extension of the lease, then failure of the parties to so agree, or to fix particular terms does not avoid the lease. In such a case the courts will declare the terms upon which the parties fail to agree.4/ 4. . Similarly, in Moolenar v. Co -Build Cos. 354 F.Supp. 980, 982-83 (D. V.I. 1973) the court stated: First, it will probablv effectuate the inte nt of the parties better than would striking out the (footnote continued) -7- 3155 2.06 P.2d at 671. Based on this reasoningthe court was ' willing to declare a missing rental term in order to effect the reason- able expectations of the parties, where the renewal option was "the essence of the contract." There is even greater reason to declare a rental term when, as here, parties under a long term lease are unable to reach agreement, since there are correspond- ingly greater reliance expectations c • P created In the continuing use of theproperty,5 (footnote continued) clause altogether. A document should be construed where possible to give effect to every term, on the theory that the signatories inserted each for a reason and if one party had agreed to the clause only in the secret belief that it would rove unenforceable he should -From p be discouraged �such paths. Secondly, a renewal option has a more sympathetic claim to enforcement than do most vague contractual terms, since valuable consideration will often have already been paid for it. - The option of renewal is one factor inducing the tenant to enter into the lease, or to pay as high a rent as he did during the initial period. To this extent the landlord benefited from the tenant's reliance on the clause, and so the tenant has a stronger claim to receive the reciprocal benefit of the option. See also P.J.'s Pantry v. Puschak, 458 A.2d 123 (N.J. Super, A Div. 1983). In other contexts p pp- , this court has adhered to the principle that a contract should be interpreted to give effect provisions. g ' if possible, to all of its P ns • See, e . . , Mlt ford v, de LaSala, 666 P.2d 1000, 1005 (Alaska 1985); Peterson v. Wirum 625 P.2d 866, 872 n.11 (Alaska 1981). ' 5. In determining the validity of agreements to agree, the lessee's reliance on the length of t ' �� g he term is a significant factor. The fact that the lessee had acted in reliance on the option may be of controlling importance; he may have made (footnote continued) ME 3155 Our opinion in Altman v. Alaska Truss & . Coo Mfa, 677 P.2.d 1215 (Alaska 1983) , indicates our willingness under the proper circumstances to supply a fair market re ntal term and is in accord with the approach of the C 6 . Chaney court. In Altman, this court suggested that where a des • lessor had done everything possible to have the rental rate establish • established by arbitation or appraisal, then the lessee would be obligated g tea to pay the fair market rental value of the premises. Id. at 12 24, In this case, the "essence of the contract" is the fifty -five-year term of the lease. This ' Js evidenced by the substantial long term investment made by the lessee in con- structing the service station. It is clear that the parties contemplated that the rent over this fift -five- e y y ar term would be adjusted to fluctuations in • market conditions. Paragraph 10 provided in part that rents "s • _ hall be subject to renegotiation (footnote continued) valuable improvements. 1 A. Corbin ' 1 , Corbin on Contracts S 97, at 432-33 ( 9 6 0) . See Hammond v. Rings tad , 10 Alaska 544 (D. Alaska 1945), which was 543, upheld in light of the lessee's expenditures, and stated in part: "The rent f period shall be such a or such renewal s shall hereafter be agreed upon between the parties." In Chaney, the base provision, ' when the lessee ma P which was upheld de a $10,000 expenditure to improve a bare 1 stated in part: "At the expiration lot, • p of this lease, Lessor agrees to give Lessee first refusal for an additional term of lease, at rental and terms to be mutually agreed upon at that time. , 206 P.2d at 669. 6. In Altman, the agreement to agree to a � g future rental term prescribed arbit ration as the method of resolution if agreement could not be reached. 677 P.2d at 1224. -9- 315� 1 for increase or decrease" every five years. We therefore find no error in the superior court's decision to find paragraph 10 enforceable and to imply a reasonable fair market rent if necessary to give effect to the reasonable expectations of the parties. B. The Standard for Determining Reasonable Fair Market Rent Under Paragraph 10 of the Lease.' In ruling on the summary iudgment motions, the superior court held in part that in deciding what is a reasonable re nt under paragraph 10 of the lease ,rsiimply arriving at the highest and best use of the property is not contemplated. We hold that the court was correct in rejecting the highest and best use criterion as the applicable standard for the determination of reasonable rent under paragraph 10 and in. holding that actual use of the premises is to be considered in ascertaining the fair market rental value of the premises. Here Ferguson constructed a filling station. This improvement ---was required to be approved b' the- City under - � y para- graph 7 of the lease. Under paragraph 4 of -the lease no sublease could be entered into by Ferguson without the written consent of the City. Given that the City had notice of Ferguson's intended use at the time of leasing and consented to the. construction of a service station and subleasing of the property, it is apparent that the parties contemplated that the premises would be used for the purpose of operating a gas station. Thus, we conclude that -10- 315-5 the superior court did not err in its ado • adoption of the fair market value of equivalently used ro ert p p y as the standard to be employed in determining fair market rental value under paragraph 10 of the lease.7 Co Dismissal of the Cit 's Complaint for Back Rent From 1980-1985. The superior court held that the Citv had _ failed to establish the rental for 1980-1985 through exhaustion q austion of reason- able efforts to negotiate, but rather soug ht -to Impose a new rental under a formula prescribed b Kenai ' Y a 1 Ordinance. Our review of the record persuades us that th e superior court erred 1 on this point and that the case should hP rorr,=nAinA 4... 4-U_ superior court for a determination of the fair m _ arket rental value of the premises for the period from Jul 1 y , 1980 to June 30, 1985.8 In our view there is no basis in the record for 7. In Moolenar, the court found that entitled to use the land at the f plaintiff was air. market value. for its actual use. It reasoned that this valuation most accurately reflected the interest of the original parties to the lease. 354 F. Su at 984. Even though the lessor might lose m e hest and b g money, when compared to the highest best use valuation, the court found that the purpose of the long term lease or renewal clause w the parties from a change as to insulate g• in circumstances as to use, and more- over, the lessor had notice of the intended use Id. at 984-85. See also Certain v. Kove ns, 314 So.2d 184, 187 (Fla. Dist. ----- A pp'1975), cert. denied,, 530 So.2d 1.8 (Fla. 1986). 8. We note that: It has become a general rule that equity quity may intervene, in a case where in order r to avoid (footnote continued) -11- N concluding that anv genuine issues of material fact were raised regarding whether or not the City attempted ingood' faith P alth to negotiate the rent for the five years in question. After the superior court has rendered its decision regarding g g the applicable rent for the period July 1, 1980 through June 9 30, 1985, the parties should then be given a reasonable amount . unt of time to negotiate -the rent for the period. running _ P nn 1 ng from. July 1, 1985 to June 30, 1990. III. THE SUPERIOR COURT'S PULING ALLOWING FERGUSON T ADMISSIONS DEEMED ADMI CIVIL WITHDRAW ADMITTED UNDER C IS, IL RULE 360 On November 51 1984, the Cit requested - � Y q ted twenty our admissions from Ferguson pursuant to Alaska R • Rule of Civil Procedure 36. Subsequently,the City ity and Ferguson, through (footnote continued) hardship or injustice, a i resent need P s shown to determine valuation of property held under a partially executed long _term -lease whichjprovides for rent adjustments a pt stated intervals, with the amount of rent for a particular period to be governed by the result of a valuation then made where failure to make the valuation is not attributable to a fault of the complainingart and appears to have resulted party after exhaustion of all reasonable efforts to conform to the lease in that regard, and where the provisions thereof indicate no contrary purpose and prescribe no other course of action. Annot., Equitv Jurisdiction to Determine Valuation, Arbi- tration or A raisal Has FLong on, Where ailed, Under Lon -Term Lease Providing for Appraisal of Premises and Fixing Rental Intervals, 26 A.I,.R. ?.d 7M1952) tal Value at Stated 44, 745 , see also Altman, 677 P.2d at 1224. -12- 3i55 counsel, agreed orally to a thirty -day extension of time to answer the request. Ferguson failed to respond in ' p a timely manner. Approximately four mon - ths laterr the Cit y moved for summary judgment, relying -on the requests for admissions being deemed admitted because of. Ferguson's failure to respond. In response Ferguson moved for an order to withdraw admissions under - Civil Rule 36 (b) , and filed' his own motion for summaryi ud gment. Initially the superior court denied Ferguson's motion ion to withdraw, finding "an insufficient showing that the merits of the case would be subserved by the withdrawal of the admissions." It based its decision on Ferguson's lack of assertions good faith g rtions "demonstrating that as to each d • � a mission, the facts are different from those deemed admitted." Fowever, the superior court v p gave Ferguson additional time to amend his motion and subsequently .q Y permitted the withdrawal of certain admissions. The City argues that the court abused its discretion by allowing Ferguson to withdraw admissions four months after a deadline agreed to by the parties, by guiding Fergusonn h g g g uson ow to get his admissions withdrawn, and b affording FergusonY g a second chance to withdraw his admissions. It argues that Ferguson's original motion to withdraw lacked an suggestion Y gg of how the merits would be subserved; that the court's rulin that Fergusong made an insufficient showing that the merits would be subserve d by withdrawal should have ended the inquiry; and that the admissions should have been deemed admitted. It further contends _13- R I L; that the superior court took sides when it gave Ferguson a second chance and guided him, and that this was an abuse of discretion which requires us to disallow Fer uson's g withdrawal and remand the case for a disposition on the Cit 's y motion for summary judgment.9 We see no merit in any of the City's contentions. Under Civil Rule 36(a), admission requests q are deemed admitted if the party to whom the re _ quest is addressed fails to serve a written answer or objection n within 30 days. Subsection (b) of Civil Rule 36 provides in part: [ T ] he court may permit withdrawal or amend- ment when the presentation of the merits of the action will be subserved therebyand who obtained the party tained the admission falls to satisfy the court that withdrawal or amend- ment will prejudice him in maintaininghis rits.IO/ action or defense on the me First, the withdrawal of admissions in the ca se at bar subserved the merits of the action. A party y can demonstrate that withdrawal of admissions subserve the e merit by showing that the 9. Alternatively, the City takes the, -position even if no abuse of discretion P ion .that occurred, the superior court erred .and that the court should not have permitted w' the Citywas prejudiced. P withdrawal because p iced. It argues that it went through great effort to prepare for summary'g judgment, and that if the admissions are allowed to be withdrawn it w • because the costs of � would be prejudiced •proving the facts, which would otherwise be admitted, would be high. 10. The late filing of answers is equivalent allowinga q ent to party to withdraw admissions. Rilev v. Northern Commercial, Mach, Div., 648 P.2d 961, 964 (Alaska 1982). Ferguson's motion to withdraw also provided answers to requests deemed admitted, q -14- admission concerns a key factual issue. Plea sant Hill Bank -TT, United States, 60 F.R.D. 1 CK.D, Mo. 1973 11 ). Here the admis- sions permitted to be withdrawn went to ke f • v actual issues raised by the pleadings. 12 Second, the City failed to demonstrate that withdr awal would prejudice it. The City had notice that many of the admitted facts were contested, the superior co • P court authorized withdrawal prior to any trial date having been se • . g t or significant discovery having been undertaken, and it was not shown that Ferguson's counsel acted in bad faith in moving ifor w'thdrawal13 . 11. The merits are subserved if allowingwithdrawal would be in the interest of rawal in justice, because the matters deemed admitted are in fact denied by the withdrawin part ye p Y• Scarlett v. Seaboard Coast Line R y. Co., 23 Fed. R. Serv.2d 596, 597 (S.D. Ga. 1976) . 12. The admissions allowed to be withdrawn went to ke factual issues raised in the Cit 's complaint Y y p aint and Ferguson's counterclaims. The admissions sought to establish g tablish that Ferguson was unwilling to negotiate the rental of the property with the City and that the City had not denied Ferguson full his *property.The City g enjoyment of ty also souqht to establish through admissions that Ferguson had received offers to sublease the property, apparently, -to establish a case 'for increasingth by showing the demand for the property e rent higher fa' p P rty and the possibility of a g. it market rental value, The withdrawal of the admissions would allow several facts which related these to be liti ated and to the merits g therefore, subserved the merits, 13. The cases establish a continuum of three f to be -used to determine whether t actors he party obtaining the admission is prejudiced: how late the motion to withdraw is proceedings, how much made in the g notice the obtaininq party had of actual contestation of the facts admitted, and the validity of the excuse of the untimely party. The later the motion is made, the (footnote continued) -15- 3I5 Therefore, the superior court allowed properly Ferguson to withdraw his admissions. As to the Citv's contention that the superior P court abused its discretion in allowingFergusonchance • guson a ance to amend his motion to withdraw, the record indicates no impropriety in the superior court's actions. Absent a definite and firm • conviction that the judge made a mistake we will not overturn a decision left to the discretion of the trial court.' Channel Flying, Inc. v. Bernhart, 451 P.2d 570, 572 (Alaska 1969),14 (footnote continued) more likely that it will be prejudicial, with a higher threshold f g for granting such motions after trial begins than before trial. Brook Village N. Assocs. v. General Elec. 686 F.2d Cir. 1982); Herrin v � 66, 71 (1st . Blackman, 89 F.R.D. 622, 624 M.D.. Tenn. 1981); but see Weva Oil Corp. v. Beleo Petroleum Corp., 663 (N.D. W Va. 1975 68 F.R..D. ) . The more notice the obtaining part had of contestations, the less prejudice w'1 y ..60 F.R.D. � will result. Pleasant Hill Bank j . R . D . at 4 ; Warren v. International Rhd . of Teamsters 544 F.2d 334, 339 (8th Cir. 1976); De endahl v. Falstaff f ' Corp., 491 F. Su P Brewing pp. 1188, 1194 (E.D. Mo. 1980) , aff'd. in part .and rev'd, in part on other grounds, 653 F.2d 1208 (8th Cir.cert. denied,' 454 U S 968, 70 L. Ed. 2d 384 (1981). The more willful, bad faith the basis for the nonres ondin ' prejudice P q party s late answer, the more p e results. Compare Marshall v. Sunshine & Leisure, Inc., 496 F. Supp. 354, 356 (M.D. Fla . 1980) with Equal' Employment Opportunity Comm'n v. Bab Products F.R.D. 129, 131 ( Mich. Mic. 1981) y Co-' 89 . 14 . Civil Rule 36 (a) provides : " [ I ] f_ the court determines that an answer does not comply with the of [Rule 361 it may P y requirements y order either that the matter is admitted or that an amended answer be served." Alaska R. Civ. P . 36. -16- IV. COSTS AND ATTORNEY'S FEES. - A. Civil Rule 82 Attorney's Fees, The City contends that the superior court P erred in ruling that Ferguson was the prevailing art for the party purposes poses of awarding attorney's fees under Civil Rule 82. In light of g our conclusion that the superior court erred in holdingthat the City was precluded from receiving increased rents for 'the period from July 1, 1980 to June 30, 1985 the sup erior court upon remand should redetermine the question of prevailingart party as well as any award of attorneys fees under Civil Rule 82, B. The Superior Court's Award to the city of Interim Tttor--neyl s Fees for its Costs in TI""Eigating Ferguson T s Withdrawal of Admissions. The superior court awarded the City $700000 to "compensate the Cityfor litigating ' g g the motion to withdraw admissions." The superior court did not specify the basis for its imposition of the $700.00 in costs. argues Ferguson ar g g that this award of attorney's fees to the City was error, because the sanction for failure to timely respond to admission requests quests is to deem the matters admitted and that he possessed an unqualified right under Civil Rule 36(b) to move to withdraw admissions. He further argues that the superior court had no authority to assess the attorney's fees without statute or court rule and that Civil Rules 82, 37 (a) (4) , and 95 (a) do not apply. 1 . We affirm the court's interim award of $700.00 for attorney's fees. -17- R I "PIN, V; t Y Under Civil Rule 36 (a) , a requestingart party may move to determine the sufficiency of answers or objections to admissions requests. Alaska R. Civ. P. 36. If the answe rs are found deficient, the court may deem the ma ' matter admitted or order an amended answer be served,.or ' In lieu of these orders, may deter- mine that the final disposition of the request be made at a pretrial conference or at a d • designated time prior to trial. Id. Finally, under Civil Rule 36 (a) the court• may award expenses In relation to this motion as provided under�' Civil Rule 37 (a) (4). Id. That i s , " [ t 1 he .losing art that party on t motion will ordinarily be requested to pay his opponent the • PP expenses Incurred on the motion, including a reasonable attorne 's y fee. 8 C. Wright and A. Miller, Federal Practice an d Procedure § 2265, at 747-48 (1970) . In the context of this record, we view the City s motion for summary judgment based on its requested • q ested admissions and its objections to Ferguson's motion to wit hdraw as the functional equivalent of a motion to determine the sufficiency iciency of answers. . Here the superior court in effect found Ferguson's answers insufficient when it ruled his motion to withdraw insufficient and in effect gave Ferguson an opportunity to • PP y amend his answers when it afforded him the opportunity y to amend his motion to withdraw. We therefore conclude that the superior court s $700.00 attorney's fee award to the City for its litigation costs -18- in connection with Ferguson's motion for withdrawal of admissions was authorized under Civil Rules 36 (a) and 37 (a) (4) .15 v. THE SUPERIOR COURT'S ASSERTION OF CONTINUING JURISDICTION. Ferguson and the Citv both agree that the court erred in retaining jurisdiction over the case. At issue is the validity of paragraphs 3 (b ) and 3 (c ) of the su e-r+or c ' p ou rt s amended judgment of February 7, 1986. Under paragraph 3(b) , either party has the option to negotiate for a change 'n g g i rent for any five-year period, beginning July 1, 1985. Under ara ra h P g P 3(c): "If the parties cannot agree to a fair rental rate, either party may, upon applicator to this [superior] court by motion, seek a judicial determination of the fair rental rate' by this court which shall have continuing jurisdiction of the case until final judgment." The superior court's retention of jurisdiction was not error. "A court has inherent power to do that which is reason- ably necessary for the administration of justice." Keltner v. 15. In Baleking Systems v. Heidelberg Eastern, Inc. 4 0 Fed, R. Serv. 2d 1177 (D . Or. 19 8 4) , the court found that the defendants had shown plaintiff's failure to timely respond to requests for admissions and plaintiff's motion for late withdrawal, would render the defendant's efforts in moving for partial summary judgment useless. To remedy the problem, the court held that it would � allow plaintiff's withdrawal of admis- sions, but would require that the defendant be compensated for attorne 's fees and c p y costs in connection with its motion for partial summary judgment. -19_ 3 15 l'i Curtis, 695 p,2d 1076, 1079 n.4 (Alaska 1985 ). In fashioning appropriate relief in this case the superior cour ' • P t s retention of jurisdiction was within its inherent owe 16 powers, AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with th s-o ' r v �- Z-A . tr+ v' i �- �.✓trw•. 1 a � {.: t i �t ,t ►. ►.' •! '�. � s ,•. 1i � ,1 �.• ` �.. � 'as J 7 vim .. •.... • �- __�-_� . _-... �. __ ---�_ �. __-_ -._..- -. _____-.--_ fir. • � . • i 1 i 6. The City suggests that the decision superior court to retain jurisdiction of the may arguably render the superior court's order unappealable because of lack of finality. The test for finalityis a practical finality. p ctical one which looks to substance and effect rather than -to the form of the judgment e and focuses primarily on the operational rational or decretal language of the judgment. Matanuska Maid, Inc, V. � State 62 _ Alaska 1980). He � judgment 0 P.2d 182, 184 85 re the superior court s determined and declared all rights of the parties which were contested and merely retained jurisdiction to grant subsequent relief upon application of the parties to the court. In substance final judgment, it was a Even if we were to view the superior court's judgmentas lacking finality because of the retention of jurisdiction provision of paragraph 3(c) and the absence of ' 54 (b) certification it w any Civil Rule would be appropriate to treat the appeal as a petition for review. See Kendall v. State Divis Corrections, 692 P.2d 953 Ala � on of (Alaska 1984), Leege v. Strand, 384 P.2d 665, 666-67 (Alaska 1963); Alaska Nat. Bank of the N. v. Gwitchyaa Zhee Corp., 639 P.2d 984, 987 n.2 (Alaska 1981); Aleutian Region R.E,A.A, V. Wolansk 6 (Alaska 1981)Y, 30 P.2d 529, 531-32 -20- 3155 CITY OF K r` _ V 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 MEMORANDUM TO: Councilmembers City of Kenai FROM: John J. Williams, Mayor City of Kenai DATE: February 12, 1987 RE: Airport Commission I am requesting that the following persons be approved by the Council to serve as members of the Airport Commission. They have been chosen because their qualifications and backgrounds are such that they will serve the City well as members of- the Commission. Tim Martin, Southcentral Air Josh Knopper, Hertz Car Rental Frank Stevison, Civil Air Patrol Tom Irwin, Air National Guard Bill Toppe, Federal Aviation Administration Dr. Les Vierra, At -Large Ron Malston, At -Large JJW/clf S -�,3 REPRESENTATIVE C.E. "SWACK" SWACKHAM M ER � ou.5e of Aeprtgentatibtg SOLDOTNA P.O. BOX 417 SOLDOTNA, ALASKA 99669 (907) 262-7663 JUN EAU BOX V J U N EAU, A LAS KA 99811 (907) 465-2689 �2�3�John Williams, Ma or =� �, FebY 5, 1987 City of Kenai210 r,*', FidalgoKenai, Ak 99611 01 Dear John, The following information has been compiled in regards to accident statistics on the Kenai Spur, mi. 0-12. partial 1981 1982 198-3 1984 1985 1986 Reported Accidents 61 87 116 123 121 60 Fatalities 1 0 0 0 2 2 Major -3a Injur.ies 6 5 8 9 4 Minor a Q/ Injuries 28 33 33 58 57 *Major and minor injuries for 1986 have not been compiled at this time. I hope this is of help to you. If there is anything* n thin else Y g _ I can do, feel free to contact me anytime. Sincere C.Ec, hammer tktiResenave Ili CES/mh cc: Rep. Navarre � I Sen. Fischer Veterans of Foreign Wars of The U.S. Post 10046 PO Box 1801 Soldotna, AK 99669 February 10, 1987 City of Kenai 210 F i da 1 go Kenai, AK 99611 Att:Honorable John Williams, Mayor Dear Mayor Williams, The Veterans of Foreign Wars 1987 State Convention will be held in Soldotna on June 21 through June 24, 1987. It is our intention to make this convention as pleasant and memorable as possible for everyone from throughout the state who will be attending. At this time, we would like to extend to the City of Kenai the opportunity to select your advertising space in the 1987 State Convention Booklet. This year our booklet will be 8 1/2" x 11". The cost per Advertisement is as follows: Fu 1 1 Page - $ 150 .0 0 1/2 Page - $100.00 1/4 Page - $60.00 Business Card $15.00 Name Line, 1 line, 1 Name - $5,00 If you have any questions or to place an order, please feel free to contact either: Rick Johnson Nick Nelson PO Box 1801 PO Box 3015 Soldotna, AK 99669 Soldotna, AK 99669 We are looking forward to your support and participation in helping us make the The Veterans of Foreign Wars 1987 State Convention a huge success. Yours in Comradeship, Tck �" JsonCan Veterans of Foreign Wars of The U.S. Post 10046 Po Box 1801 Soldotna, AK 99669 February 10, 1987 Honorable John Williams, Mayor of The City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams, You are cordially invited to attend the annual VFW convention on June 21st through June 24 t h , 1987 . This year's theme is "The Unity of Comradeship" . If you cannot make it for the entire convention, we will be having two banquets during this period and hope that you can arrange your schedule to attend one of them. The Welcoming banquet to start the festivities will be the Distinguished Guest Dinner held at the Central Peninsula Sports Center Banquet Room at 7 pm on the 22nd. The Awards Banquet will be held on the 24th, at the Central Peninsula Sports Center banquet room at 7 pm. Please, at your earliest, let us know of your plans to attend. If we may be of assistance to you in arranging travel or lodging, let us know. Sincerely, son Comman e CITY OF KE0 0 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 MEMORANDUM TO: Councilmembers City of Kenai FROM: John J. Williams, Mayor City of Kenai DATE: February 12, 1987 RE: Library Commission I have recently received a notice from Ronnie Chappel that he will no longer be able to serve on the Library Commission and has resigned. I would like the approval of the Council to have Mr. Dennis Simmons to serve on the Library Commission fulfilling Mr. Chappel's term. JJW/clf 0�✓r" li f. 4yt'.4 1. Rogers Road 2. Norman Street Susieana Lane This new addition of Inlet View Subdivision that was completed in 1986 is located I mile from KCHS towards the City of Kenai and is serviced with city water and sewer. This subdivision now has IS- families residing here with a total of�' children. These children both ride the school bus and walk to and from school everyday. With no street lights it is very dangerous for the children to be out- side early morning and evening hours in the dark. Another problem that exists is the homes in this subdivision that are valued from $100,000 to $175,000 are more likely to be burglarized because of the darkness that exists without street lights. Name: Signed by: Print Husband & Wife 1 ' Y S 1 4� .j J % • of &-r".ThcjM C. 10 f h�ctch �,rl I 11L, L.�tj V l4 (L ,0 *1 0 4-3, e r, 2 2b xe,-Y- 1", ni,-zi, -�• No. of Children: Phone or Address: 7 ,z7 5-�3 7 Z 1 -7 3 —7745'— Sys z�3 l-6 CITY OF KENAI %Od 62ap 44zd.,,,4,a 210 FIDALGO KENA19 ALASKA 99611 TELEPHONE 283 - 7535 MEMaR,ADUM TO: William J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: February 13, 1987 SUBJECT: PUBLIC WORKS - WHAT'S HAPPENING REPORT FOR: CITY COUNCIL MEETING OF FEBRUARY 18, 1987 Some of the items that the Public Works Department has been working on over the last couple of weeks include the following: 1987-88 PUBLIC WORKS OPERATING BUDGET This past week I have been working on the Public Works Budgets. As the Public Works Director, I have the responsibility of submitting 10 budgets which include the following: Public Works Administration Animal Control Shop Streets Buildings Street Lighting Harbor Water Sewer Sewer Treatment Plant These 10 divisions of Public Works have approximately 200 different individual accounts in them, which is approximately 9 times more accounts than any other department within the City of Kenai. The Public Works foremen and I have worked very hard at lowering our budget this year. You will see a drastic reduction. I have left no room in the budget for any unforeseen circumstances including abnormally adverse weather or major equipment failures,, -1- Brighton February 13, 1987 Page 2 KENAIBOATING. FACILITY Pay Estimate #4 is in the Council_ packet; we did not include well development yet because of the problems we are having with the well. We are having a problem getting an adequate quantity of water from the new well we are drilling. We are working with General and Subcontractor. We are working on documents and permits for the U.S. Coast Guard, letter of intent to operate a fuel facility; EPA for spill prevention and containment contingency plan. We are working on a management plan for operating a boating facility. We received information from Seward, isomer, and. Kodiak. Change Order #1, which is in the packet, is for a change in the size of piling on dock and trestle. Change Order #2 is also in the packet and it is for a floating dock on the back side of the stationary dock. We denied the payment request for stockpiled materials in Washington, but approved the change in the insurance requested and are presently finalizing the contract documents. We are working on enlarging the Corp Permit to include widening the road running �► g parallel to the river by about 60 feet for future vehicle and trailer parking. AIRPORT RAMP AND WILLOW STREET EXTENSION PROJECT Public Works has been working with David Johnson of Mike Tauriainen' s firm in an of fort to clone out this project. We have received a final Change Order and final Pay Estimate from Kodiak Construction. We do have the contractor's affidavit of payment of debts and claims and also release of liens. The only thing that we are lacking is the form for Consent of Surety Company to Final Payment. We have been told that the surety company will be sending this executed document to us next week. Even including the final Change Order this project has over-all come in substantially under the construction budget. SILVER PINES ADDITION This project was substantially completed last year. We are presently waiting on the as -built drawings from Mike Tauriainen's office, plus we feel the contractor has some additional clean-up topsoil, seeding, etc. in order to complete the project. y, Brighton February 13, 1987 Page 3 NEW SEWER TREATMENT PLANT OPERATOR Ken Siirila has resigned and has left his position at the Kenai Wastewater Treatment Plant. His leaving has been very unfortunate for the City since he is considered one of the best Wastewater Treatment Plant Operators in the State of Alaska. I have been receiving resumes and applications for the position over the last two weeks. The absolute minimum requirement is to have a State of Alaska Department of Environmental Class II certificate. REPLACEMENT OF EXISTING LIGHTS Public Works has been working with City Electric, HEA, and the City Attorney's office in an effort to get this project completed. City Electric has recently discovered that they will not be able to meet the February 15, 1987, deadline and has requested additional time. Evidently City Electric is having problems in receiving the multi -tap ballasts that are necessary to complete the job. I have written quite a bit of correspondence to City Electric. and HEA in an effort to coordinate the change over of these lights in the existing Subdivisions. At this point it looks as if everything is ready to go as soon as City Electric receives the multi -tap ballasts. OTHER EXISTING STREET LIGHTS As been mentioned in previous Council meetings, the Alaska DOT/PF has agreed to take over the maintenance, operation, repairs, and energy for all of the Street Lights on State maintained roads. Public Works has been working with DOT/PF and HEA in an effort to make this transition. HEA has agreed to consider and possibly approve going to unmetered street lights in the City of Kenai. HEA would then determine a cost to cover the energy, maintenance, operation, and repair that would be needed for all of the street lights that are not on State maintained roads. If this is approved, it would get the City of Kenai out of the street light business and save the City of Kenai a considerable amount of trouble and expense. HEA may also be agreeable to looking into a joint venture to inventory all the street lights in the City of Kenai. NEW STREET LIGHTS The City of Kenai gave HEA a purchase order on December 19, 1986, for $40,000 for furnishing and installing 29 each overhead type street lights. These street lights were for installation in areas where there is overhead power. At the last Council meeting of February 4, 1987, the Council directed me to contact HEA and Brighton February 13, 1987 Page 4 see if they could put these street lights on hold. JI- contacted HEA and was told that the materials for these street lights have been purchased and they are about to proceed on the project. They did state that they had no problem with holding off on the project since the street lights could be used at a later date. HEA ..-_would ....-.li-k-e...-.--to----r.e .. c -- e - ive $ - 6 0 - 0 0 f - ro - m ---- the --_City o ---...-------Kena..,i-.---t..o-.-..cover f t.he...__e,:Rg.i..n-e.-e.r.ina-.--de-s-ian work and overhead that they. ave perf ormed - - - -------- ---- '' ....... * ------* _J�_ so far on the ro j ect. I have asked HEA to hold off on the project until I get further direction from the Council of the City of Kenai. COOK INLET VIEW/LILAC AND AIRPORT WAY SEEDING The Public Works Department has completed the contract documents and specifications and drawings on this project. As you recall the seeding for these projects last year was deleted. At this time the Public Works Department recommends that we do not bid this seeding project until we at least find out the out come of the Juliussent Ames, Barabara, Basin View, Angler Drive project. JULIUSSEN.t_AMES BARABARA, BASIN VIEWL-__ANGLER DRIVE PROJECT- JABAA Oceantech has been promising me the final drawing and technical specifications on this project for quite a while. At this time they think they will have the drawings to me next week. Since this project uses the State funds that we received last year and may possibly be in jeopardy, we have put first priority on this project. It may be advantageous for the City of Kenai to hire a consulting firm at this time to review the drawings and surveying notes prior to bidding the project. The engineering firms proposal could also include inspection, surveying, testing, etc. on this project this summer. KENAI VIEWING BOARDWALK The Corps of Engineers, after reviewing the permit application submitted by Public Works and other careful considerations has decided that this project does not actually need a Corps permit. The next roadblock that we are presently trying to get through includes the State airspace permit. This permit was necessary in order for us to tie into the State's right-of-way. Because the Bridge Access Road is a State Federal Aid Road. The State of Alaska has to receive Federal approval before the permit can be granted. We are presently waiting on this Federal approval. Brighton February 13, 1987 Page 5 PETROLEUM PRODUCTS PROCEDURES PROGRAM The Public Works Department has been working with Northern Lights Petroleum Equipment in an effort to test all of our underground fuel tanks. CIGNA Loss Control Services has been involved in this program with our insurance company. The underground fuel tank at the airport generator building passed the test but the other underground fuel tanks are going to _require some modification ori.or to even being able to be tested. The City of Kenai has also been working on our waste oil procedures. KENAI FLOAT PLANE BASIN William J. Nelson and Associates has submitted the preliminary drawings on this project. The Public Works Department and Randy Ernst, the Airport Manager, have made some modifications to the drawings and sent them back to the engineer. At one of the Council meetings in the past an idea of deleting or making the seeding on the project an additive alternate was discussed. Since there was no motion or even direction by the Council to make this deletion or the make it an additive alternate, we have left the seeding in the basic bid. Both the Airport Manager and the Public Works Department feel this is very essential to the project. If the Council does want to delete the seeding or even make it an alternate, we need a clear direction by the majority of the Council or better yet a motion. I then would be happy to make the changes. DEMOGRAPHIC BROCHURE .AND10R_ PR AD THANKING_ CITIZENS I have gathered up all the brochures, lists, information, etc. on our past Capita? Improvements Projects that were handled by the Public Works Department. I also have available Old photos and photos taken during construction of these projects if needed. I drew up a chart that was in the February 4, 1987, Council packet that pretty much gives the proper cost breakdown of the major construction projects in 1985-86. There are, in many cases, additional costs other than engineering and contractor's costs for each project that are not included in this chart. The Finance Department would have these actual costs. WATER, LINE TO THE , EAGLES CLUB The Public Works Department is about 90% complete with the design of the water main to the Eagles Club. We are presently waiting on the review from the utility company. Unfortunately, ADEC is putting pressure on the Eagles to haul in their water. Brighton February 13, 1987 Page 6 FLIGHT SERVICE STATION Woodard Construction Company has been working diligently on this project and it looks as if it will be completed ahead of schedule. The City of Kenai willr be ft having an major confrontation with Woodard Construction Company when we bill them for the power line and transformer that was installed by HEA . The City of Kenai has not received this final billing yet. According to the Architect and the City's interpretation of the contract documents, this project cost is to be bore by the contractor. The Contractor does not agree with this interpretation. .STANDARD, RI.CHFIELD_L_ ...THOMPSON PLACE ,. Central Alaska Construction has filed a lawsuit with the City of Kenai over the work done on Richfield. The Public Works Department has been working with the City Attorney on this lawsuit. INLET WOODS SUBDIVISION The Public Works Department has been working with Wince-Corthell- Bryson on closing out this project. Doyle Construction Company has submitted a letter requesting additional funds on the project. Wince-Corthell-Bryson has written back asking for detail of what they are requesting. We are presently waiting on Doyle Construction's reply. FLOODY, DISASTER FUNDS The Public Works Department has been working with the Kenai Peninsula Borough on the Emergency Management Program in an effort to get reimbursed for the costs that we incurred and will be incurring because of the flooding this last summer. Because we did not want a lot of observers in the area when the damage was done, we kept this rather quiet. The City also used existing funds and manpower to quickly repair the damage. There is a very good chance that we will be reimbursed for a good percentage of our costs. ADEC, SLUDGE—PERM_ITFOR THE AIRPORT The Public Works Department is presently working on receiving the individual permit for using City wastewater treatment plant sludge inside the Airport fence. We have received the tractor and the manure spreader attachment that we bid using Federal Revenue Sharing funds. There will be a considerable amount Brighton February 13, 1987 Page 7 construction work being done on the airport this summer and we plan on working this sludge disposal program in conjunction with this work. KENAI AIRPORT SAFETY ZONE TAXIWAY AXD TIE DOWNIMPROVEMENTS Randy Ernst, the Airport Manager, has been working on the operations procedures for the new tie down area. I have been working with Randy on implementing some of the construction ideas that might help improve this project. One such idea is installing a brass marker for each tie down* H.A.S. PROJECT Public Works is continuing to work with the Engineer, Bill Nelson, and the Contractor, Construction Unlimited on closing out this project. The Contractor is continually coming up with different things that are hindering the closing out of this project. , We are presently waiting on the contractor who is reviewing cross -sections, MAP PROJECT ADEC is requiring that the City well within our project area. man-hours in the field and in After receiving a not -to -exceed to perfol_m this work of $4,870, decided to do it in-house. extensive project requiring individual property owner. AIRPORT CONVEYOR BELT of Kenai locate each individual This has resulted in considerable the office researching records. budget from McLane and Associates the Public Works Department has This has turned into being a very cooperation from ADEC and each The Public Works Department, after completing the bid documents and bidding the project, has been working with the contractor to complete this project. WATER TANK INSULATION Our 3 million water storage tank has been badly vandalized and is in need of repairs. The $10,000 that was appropriated in the budget has proven to be insufficient to complete the repair work. I am asking for additional funds for repairing the insulation plus the installation of a security fence around the tank in our upcoming budget under Federal Revenue Sharing, Brighton February 13, 1987 Page 8 OCEANTECH POSSIBLE DESIGN AND INSPECTION ERRORS The Public Works Department has been working with the City Attorney concerning the Council direction of the possibility of recouping funds through professional liability errors and omissions on the projects that they performed for the City of Kenai in the past. WELL HOUSE REPAIRS The Public Works Department has been working with instrument firms and electrical contractors in an effort to do some redesign work in the well house electrical controls. The work includes relocation of some of the major electrical panels within the well house. PUBLIC WORKS CREWS SHOP - Items completed include: Tune up and change turbo charger on 14G Service repair and adjust conveyor for the sand screen Repair throttle linkage on ST21 Repairs on the Dodge sander Replace shut down clinoid on the snow blower Repair the rear beacon the Dodge sander General vehicle maintenance Straighten up parts and organize parts room Replace emergency brake cable on Brighton's car Clutch and transmission check on the 1 ton Ford Hydrotest Steam Blower FAA radio in the Airport tractor Repair work on K-5 Blazer Repair starting problems on #4 crash truck Repair water transfer pump on Steam boiler Replace air dryer elements in the GMC dump trucks Tune up and work on the 12G Worked on the budget STREETS - Plow Airport and Streets Sand Airports and Streets Guard rail for Airport baggage claim area Install "No Parking" signs Plow parking lots and drifts at the Airport Plow Beaver Creek ice rink parking area Wing -back streets Haul snow from the Airport parking and Fire Department Process sand for future use Clean and repair Airport runway and taxiway lights Wing -back the snow behind the lights on the runway Worked on the budget Brighton February 13, 1987 Page 9 WATER AND SEWER Work on the Well Houses and Underground Pump House Build a bas'.Ket on the front of the Vactor Truck Deliver water shut-off notices Work on the water meters Worked on the budget Worked with the snow removal crew on the Airport Worked on lift stations Worked on alarm problem on Well House II Other general maintenance work REPORT.KK 0-1 CITYOF ,. to ,. „ , —� % % III 11'1;11!1 1111111111 �F I I 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 February 10, 1987 Patrick L. Sharrock, Director Department of Revenue Alcoholic Beverage Control Board 550 West Seventh Avenue Anchorage, Alaska 99501 Re: Eadie's Frontier Club Case No. 84-28 Dear Mr. Sharrock: 11 At their regularly scheduled meeting of February 4, 1987, the Kenai City Council voted unanimously to write to you in support of Mrs. Henderson's request to have all restrictions and stipulations against her liquor license as set forth in the Stipulation and Proposed Order, dated December 11, 1986, removed in order that she may reopen her establishment until such time as she can sell her license and business for a worthy profit, and retire. We would appreciate this matter being heard prior to your scheduled April 9, 1987 Board meeting perhaps by teleconference as Mrs. Henderson has been suffering from a loss of business for nearly one year and another two month's delay is an objectionable infringement on her right to do business. Please take the City's request and support into consideration when determining the fate of Mrs. Henderson. We are enclosing copies of information we received from Mrs. Henderson upon which this letter of support has been written. Please distribute copies of this , information to your Board members prior their meeting. If you have any questions or we can be of further assistance in this matter, please contact this office, Sincerely, CITY OF KENA Williams, clf Enclosures cc: Governor Steve Cowper Lt. Governor McAlpine Hugh Malone, Commissioner of Revenue Representative C.E. Swackhammer Representative Mike Navarre Senator Paul Fischer E.D. 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C 00 >J o w w r4 'L7 c c 4b u 'O C $4 440 � C O • o H • o >°► •r+ u C u w o w 4v o o e4 O wwcn w a, W u W w w 4vu ad W 4� dlOu 4n C d "o w 410CC0 ao o co e 4►W 4�1 � o o 'Ov4>tHn • •+D.�-+ O O c� c> d as o C 4D A oG oG u al w aww ad H 41 o, a O doh m O,�b vV w pp,�, 'L7 O w p� .c aG u a a a4: 4b O0_4 bG d ar o O cn H ^ v44 N ►� e v v a ^ ^ u p+ ..o, v v �i • N' KENAI BEAUTIFICATION/MEMORIAL PARK COMMITTEE Minutes, Regular Meeting Held, Kenai City Hall, Council Chambers Tuesday, February 10, 1987, 1:30 p.m., AST Presiding: Tim Wisniewski, Chairman Present Tim Wisniewski Lil Hakkinen Glen Jackson Nina Selby Roseanne Shelden Sally Bailie Absent Marion Nelson Harry Lewis Dr. & Mrs. Hansen Chris Monfor Pat Porter In Attendance: City Council Representative, Sally Bailie Kayo McGillivray, Director, Parks & Recreation Janet Loper, Planning Specialist Also present: Jim Thebaut, Chairman of Community Veterans' Memorial Committee Mark Wynston Sandra Hawkins 1. ROLL Six (6) present and five (5) absent. 2. APPROVAL OF AGENDA Mr. Thebaut will take the place of Bob Summers under Persons Present Scheduled to be Heard. 3. PERSONS PRESENT SCHEDULED TO BE HEARD Chairman Wisniewski introduced Mr. Thebaut and advised him that the Memorial Park was put on hold. Councilwoman Bailie addressed the Memorial Park issue at this time, Councilwoman Bailie stated that just the financing at this particular • p a time, that the money has been appropriated for this project out of Federal Revenue Sharing. Several projects on hold at this time. City e bringing update Manager will bin an g g p ate at the first meeting in } March of the financial situation. KENAI BEAUTIFICATION/MEMORIAL PARK COMMITTEE February 10, 1987 page -2- Mr. . Thebaut gave his presentation of the formation of the Veterans' Memorial. The idea of these veterans and non - veteran was to put a Veterans' Memorial in the Kenai Memorial park. He presented their working design to the committee and stated their desire to work with the committee closely on this project. This is not just for the deceased veterans, but for all veterans, for everyone who has ever put on a uniform in defense of this Country. All locations have been debated and felt that the Memorial Park location would be an ideal location, in town, where people can see, and the tourists will be able to see it. Mr. Thebaut explained the design and indicated that the flags behind it will represent all the armed forces and the times they will be flown. Support has been from various Veterans groups, as well as non -veteran service organizations. There is one Veteran's Memorial built on the Parks Highway, there is no other Veteran Memorial in the State. This Memorial will not cost the City of Kenai anything. They will donate labor, get the material and will raise any money that is necessary. All they need is the "spot of land to put it on. " The piece chosen and liked was the small corner across from Dan's T.V., probably at the end of Park Avenue. The Memorial is 16' long and 8' high. This can be cut down in size. Mr. Thebaut further stated that they have qualified people to work on this and are ready to go on this at anytime, They are looking for suggestions and are open to modifications. They are looking to raise approximately $25,0000 There was general discussion on this project regarding utilities and underground work, quality control, size and placement of the flags with lighting and type of poles, Kenai was chosen because Kenai has done so much for the Veterans and they wanted to give something back to the Peninsula and the City of Kenai, RENAI BEAUTIFICATION/MEMORIAL PARK COMMITTEE February 10, 1987 page -3- It was stated that their date for completion and dedication would be for July 4th or Veterans Day; as it would be a full Military Dedication and procedures need to be set as soon as they -have permission to start. The Beautification/Memorial Committee would discuss further and decide something at their next meeting. 4. APPROVAL OF MINUTES - January 27, 1987 Minutes approved as presented. 5. OLD BUSINESS a. Flowers and colors, I Chairman Wisniewski asked the committee to decide colors for circles. There was general discussion on types of flowers and colors. The consensus of the committee was for three colors; red, blue and pink with a white border. Petunias for the flower and Dusty Miller for the border was discussed. Two circles would contain the same color in different shades. Director McGillivray will meet with Dan of Trinity Greenhouse to order. The boxes would contain mixed flowers. 6. NEW BUSINESS a. Budget. Director McGillivray reported and broke down the figures on the budget for the committee with a hand-out to each member for discussion. 7. PARKS & RECREATION REPORT a. Report. Director McGillivray will meet with Parks and Recreation p Committee tonight and the budget will be covered at this time. Director McGillivray will report on this at the next meeting, and give each committee member a copy. KENAI BEAUTIFICATION/MEMORIAL PARK COMMITTEE February 10, 1987 page -4- b. Banner. Specialist Loper stated there was money available for the banners, approximately $6,000 and Suzanne Little will be at the next meeting to discuss this project with the committee. 8. COMMITTEE COMMENTS & QUESTIONS Christmas decorations were brought into discussion and whether to replace all light bulbs on the decorations before being hung on poles each year. Chairman Wisniewski asked that the priorities be set for the Memorial Park at next meeting. Also, the Veterans Memorial so that a recommendation can be made to City Council, ADJOURNMENT Meeting was adjourned at 3:00 p.m. 4'."t 0/ 0 0". atl'e' 4�- - - Niva A. Aburto dba/Niva's Clerical Services for the City of Kenai � Fna� Commu.n i� Zdnaxy y A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 REPORT FOR THE MONTH OF JANUARY 1987 Circulation Adult Juvenile Easy Books Fiction 1728 475 1286 Non-fiction 2261 224 321 Total Book Circulation 6305 Films, Phonodiscs, Pamphlets, Periodicals 544 Total Circulation 6849 Additions Adult Juvenile Easy Books AV Gifts 115 16 20 7 158 Purchases 207 16 24 247 Total Additions 405 1 Remedial and Re -worked Books Adult Juvenile Easy Books 51 3 13 67 Interlibrary Loans Ordered Received Returned Books 94 62 59 AV 64 64 60 Interlibrary Loans by our Library Books AV 92 38 130 Volunteers 40 Total hours 795 Income Fine and Sale Books 787,20 Lost or Damaged Books 148.50 Xerox 329.75 Postage Refund 8.45 Notary Fees 5.00 Total Income for January 1987 $19178.90 ."2 0 9(f-nai Cotnn2anity riaty A PUBLIC LIBRARY IN SERVICE SINCE 1849 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued January, 1987 Kenai 4 o9 Clam Gulch 1 Homer 1 Kasilof 11 Nikiski 65 Ninilchik 1 Seward 1 Soldotna 101 Sterling 9 Library Patronage...6,309 Persons ',�& N t�4 i 0 Z Z .. .. F- 0 ad N 0 F- z Id —Li' 0 W t V 0W. a- U O CL. Q ii U CT. cc �cti O • • i� V A V � 4-4 O 410.4oW � Z Z r7 O ZZ `, u U c Q ce 0 do 0 •-� U V u..� ° W V Z 3 2 O -O " N O Q U LLJ V O ❑ ❑ ❑ ❑ ❑ a O V F► Z W U 0 0 Q Q a Z Q 4J ori U O N N r-I N z ti o 9 ztodd-4 < 3 . uj Q O U o�c z 0 V r. W H Q • • 0 • ~ W • M V Q ce O do Z ~ 6/f C o c W --0 OC Q 00 C V) W V W o O ° c < U O C W .0 V— V E Q y W Z o � � o E•- U o H O � •No �j •l ��t , / 4.9 4 f .:_. cd ' O �' c �• >, ' c O E ' tyi' U -c ' • �• ' _N%A' J o • do _� do v o v W • ~ c �... W L- ._ ° o. Q Lou •�1A a� v O. Cd ro. V N — W C V ev F- h•- W O.c O O Z ce a LAroU Q; V cn cn Z Q ._ Q z 10NO A M"u"3 W -(9 Pai)!WRr►; .._.�_�... "jUIC1: - f1i v r 7; a. L 46,.4pt:e Jo V1:I133W mo unn no.1 7_ O 1= LAJ O Z O F- O � Q N n, O 0 Cot .o V) G �^ 0 s C O LL, 8.a .c O � CL o0 c o o � avow s o� % E :.c f- U O z 0 o .n Lu 0 o v a, c Zt.., a b = A ay a E u V v E 0 a, o 3 -c a 070 c3� cy') 0 A v 0 0 C U N �' N A c H r--i w H CZ. O O C .,., U 3 E ._ -N a O (U � :c C -c o •. C �+ C .� N v 0 a v� � C Qc CL :_ .. ro (U ♦. • cu J • — • a al ` ..• N u-oaE... rro>,u +' O L CL ~ ..a,E 0 C O N-O 0-0 cO a C E o fo • • ra v..a,% V ,°-�°c •- os bU0 4 F- cE�,�;O- �%-E.-•_E Z ao„C> _ scb°'�o 0 r- . _ a. E a •.. V / Cd 0 LI. �0 5 b v '=cu ro p E p W b i••• ui u U u Zo U 0 a v, Q b �c-0 i•- to c .� E b >� o CL C O � U ~ `' c O L C .... > CE V 'a1 O i lu ` o.00W�, .. .'^ E c .0 .0 A 00 0o H c v �.E,n, uZ '^ � CL o j o .n O 0 ate C �a •- «. OC0., Odd, C C.0 O O W OV U O H V � 0C: ~ '_•+ ._ a;3a cx >s�Q° O C •0 O b '� u O O� v c ~ O vE�0 a-V'�� .0 " C u u� O O a -CC�'� �cu 3 -v 0 0 C ♦' t O «. b c o to QJ A uc.�A�N�- u 0 = u CT «n F C oc V W c+ u c� E V s r7 L FEBRUARY 10, 1987 John Williams, through a request of Roger Boyd, One -stop Liquor, has asked that the letter of objection to be written to the ABC Board be held until after the February 18, 1987 Council Meeting. Mr. Boyd would like to. speak before the Council regarding your decision of the letter of objection. Yes = Hold letter of objection until after February 18, 1987 Council Meeting, No = Do not hold letter of objection. VOTE: Williams - Yes Monf or - No Bailie - No Measles - Yes McComsey - No Wise - Yes Ackerly - Yes No - Three Yes - Four Briefs-, ANNUAL AWARDS BANQUET was held on Friday, January 30th with Senator Ted Stevens as our uest speaker. The event was culminated with the presentation of the Chamber's prestigious ''Log Cabin Award" presented to Mark Necessary for his many contributions to the community. Also recognized that evening were Norman and Sally Blakeley of Sally's Auction who have contributed greatly of their time in raising funds for the annual "Christmas Comes to Kenai" and fireworks display for the youth of our area. In addition, members of the American Legion Post No. 20 were presented with an award for their outstanding efforts in organizing the Annual 4th of July Parade that is enjoyed by all. Peter Kalifornsky was cited for his "outstanding contribution to the perpetuation of historical and cultural heritage for our community. All individuals and organizations honored were well -deserving and we extend our THANKS to each and everyone of them for making Kenai a better place in which to live. MEMBERSHIP RENEWALS. You will be receiving reminders in the mail to please submit your renewals no later than March lst so that each member will be included in the 1987 Business Directory. Our more than 1,000 copies of the Business Directory are well distributed and are a good way to advertise your business. WELCOME NEW CHAMBER MEMBERS: PHONE DIRECTORIES COMPANY, Daris Smith, Account Executive, a sales and advertising company, telephone 283-7657. ALASCOM, INC., Liz Gilbert, telephone contact 283-3211 or 262-4707. FRIENDSHIP AIR ALASKA, Hank Bergman, Manager, located at the Kenai Municipal Airport, telephone 283-3572. OMMITTEE APPOINTMENTS HAVE BEEN MADE. President Jim Carter has announced that the Chamber shall have the following standing committees during the up -coming year. (1) Ways & Means, chaired by Ron Malston.and Co -Chair Leroy Heinrich; (2) Resource Develop- ment which will be chaired by Les Vierra and Co -Chaired by Bogue Morgan; (3) Tourism which be under the direction of Walt Craycroft and Co -Chaired by Bill Coghill; and, (4) Legislative Affairs Committee which will be chaired by Woodie Cole and Co -Chair will be Glen Jackson. Several sub -committees will fall under each category such as membership, retail merchants, scholarship, etc. If you have an interest or wish to participate on any of the committees, please call the Chamber at 283-7989 or any of the committee chairmen. The Board plans a busy year and needs your help!!!! SPECIAL PROJECTS. The Chamber is actively working on its Boardwalk project and are preparing for a "kick-off" fund raiser to solicit donations to help in the project. Chairman Royce Roberts and his committee will present their plan at a noon luncheon before the Chamber membership sometime in March. WATCH FOR A VERY EXCITING PROJECT M We meet each Wednesday at 12 noon at the Kenai Merit Inn. Please join us there for -- February 4th - Alaska State Jr. Miss Candidates Februaryllth - Dr. Fred Pomeroy, Superintendent of S29 chools y � p f Schools �IZ3 A February 18th - Lt. Colonel Al Bruck - "Alaska State Militia"�i s :L �� CD I elu* q'rG c9� ao February 25th - Presentation by ARCO Alaska t' -�' (o TELEPHONES (907) 586-1325 41% ma..--?". . = % 105 MUNICIPAL WAY, SUITE 301 JUNEAU, ALASKA 99801 February 6, 1987 Legislative Bulletin #15-2 LECilstATIVE U11ETIN NEW BILLS IN THE HOUSE SSHB 20 - State sales tax: Introduced 1/30/77 by Larson and Menard, this substitute breaks down the exemption for municipalities from the proposed three percent state sales tax into 1/6th credit against the revenue equivalency estimate. CSHB 43 (L&C) - Return transportation for workers: Introduced 2/4/87 by L&C Committee (original sponsors are Donley and Koponen), the bill would amend AS 23.10.380 requiring an employer to furnish return transportation for certain workers. It would apply to municipalities. Referred to Judiciary. HB 68 - Authority of fire department officers: Introduced 1/23/87 by Miller, Frank and Koponen, the bill would authorize registered volunteer fire departments and other emergency services to take actions under AS 18.70.075 to fight fires. Referred to SA and CRA . HB 75 - The budget: Introduced 1/23/87 by the Rules Committee by request of the Governor. See below for key items. Referred to Finance. - HB 80 - TRS for part-time teachers: Introduced 1/28/87 by Taylor and Sund, the bill would allow one TRS credit for purposes of computing benefits for each day of part-time service; and one-half credit for all other purposes. Referred to HESS and Finance. HB 90 - Prior year data for MA/RS: Introduced 1/30/87 by the Rules Committee by request of the Governor, the bill would change the municipal assistance and revenue sharing programs to allow the use of prior year data to compute the distribution amounts under the programs. It would allow for RS funds to be distributed no later than July 31, and all municipalities would receive their MA funds February 1st regardless of fiscal year. AML supports this legislation as it did last year. Referred to CRA and Finance. HB 92 - Mental health trust settlement: Introduced 1/30/87 by Pourchot by request of the Joint Special Committee on Mental Health Trust Land, the bill would provide a monetary settlement to restore the trust and resolve the litigation. The legislation would set up a mental health account in the general fund from deposits of 5% of all state general revenue each year. This legislation appears to meet the concerns of municipalities who have selected mental health lands as a part of their entitlement. The AML supports the concept of the legislation. Referred to HESS and Finance. HB 95 - Historic Gambling: Introduced 1/30/87 by Taylor, the bill would allow municipalities to conduct a limited historic gambling enterprise under certain circumstances. Referred to SA, CRA and Finance. HB 97 - Deregulating cable television: Introduced 2/2/87 by Taylor, the bill would exempt cable television from regulation by the APUC including AS 42.05.221 - 42.05.281 e.g. certificates of convenience and necessity and use of city streets. Referred to Special Committee on Telecommunications and L&C. Legislative Bulletin #15-2 February 6, 1987 • NEW BILLS IN HOUSE (Continued) HB 102 - General grant land: Introduced 2/2/87 by Adams, the legislation is similar to a bill introduced last year expanding the land entitlement program for municipalities. The legislation would allow a municipality 10% of the vacant, unappropriated and unreserved (vuu) land within its boundaries at any time between incorporation and 1996, 2 years after the expiration of the state's right to select land under the Alaska Statehood, Act. This is to be recomputed each year. Additional classifications of land are eligible for selection, e.g. material, public recreation, resources management, settlement etc. The amount is capped at 355,210 acres. This bill addresses an AML Board priority. Referred to CRA, Resources and Finance. HB 108 - Aquatic farming: Introduced 2/4/87 by Ellis, Rieger, Cotten, Brown, Pearce, Boyer, Collins and Zawacki, the bill intends to encourage the establishment and growth of the mariculture industry by developing a clear state policy and regulatory process. The quickly -drafted bill will undergo many changes as it proceeds through the three committees in both Houses, and is reviewed by the administration. Referred to L&C, Resources and Finance. HJR 8 - Reauthorization of the Surface Transportation Assistance Act: Introduced 1/26/87 by Davis, Koponen, Boyer, Frank, Miller and Cato, the resolution calls on Congress to move quickly to reauthorize the act to provide over $150 million in needed highway dollars in Alaska. Congress failed to pass the reauthorization last year prior to adjournment. The' U.S. Senate has passed to bill but has tied it to increasing the 55 mph speed limit to 65 mph in rural areas. Referred to Transportation. NEW BILLS IN THE SENATE SB 65 - Providing for state auditor: Introduced 1/19/87 by Kelley, Abood, Sturgulewski, and Faiks, the bill would set up a state auditor who would also have the power to review annual compliance audits of municipalities under AS29.35.120, and school districts under AS14.11.125 and AS14.17.190. The state auditor would have the authority to withhold funds. Referred to Judiciary and Finance. SB 85 - Election campaign financing and the APOC: Introduced 1/26/87 by Abood, the legislation makes changes to the campaign financing laws, and the Alaska Public Offices Commission. Municipalities with populations less than 1000, and those who by vote exempt themselves, would be exempt from the campaign financing laws. The bill would limit the types and amounts of political contributions. Referred to SA and Finance. SB 92 - Deregulation of cable television: Introduced 1/30/87 by Jones, the bill is similar to HB 97 (see above). Referred to L&C. SB 96 - Mental health trust settlement: Introduced by Halford by request of the Joint Special Committee on Mental Health Trust Land, the bill is identical to HB 92 (see above). Referred to HESS, Judiciary and Finance. CS SJR 9 (Transportation) - Reauthorization of the federal -aid highway program: Introduced 1/30/87 by the Transportation Committee (original sponsors are Sturgulewski, Faiks, Binkley et al), the resolution is similar to HJR 8 (see above). Referred to Finance. SR 9 - Establishing Senate special Committee on local and regional economic opportunity: Introduced 2/5/87 by the Rules Committee, the resolution calls for a committee to examine the potential for economic diversification in the State. The Senate President would make the appointments. Referred -to L&C1t. Legislative Bulletin #15-2 - 3 - February 6, 1987 HOUSE MEETINGS/HEARINGS CRA Court Bldg. 603 3:00 p.m. HB 65 - Dissolution of a municipality Wednesday, February 11 FINANCE Capitol Bldg. 519 1:30 p.m. State Debt: Milt Barker, Deputy Commissioner, Department of Revenue Overview State Debt/Restructuring Debt and Related Issues Tuesday, February 10 HESS Capitol Bldg. 106 8:30 a.m. HB 1 Consolidation of School Districts Thursday, February 12 STATE AFFAIRS Capitol Bldg. 102 3:00 p.m. HB 64 Sale of Alcohol in Local Option Area Wednesday, February 11 SENATE MEETINGS/HEARINGS STATE AFFAIRS Beltz Room 211 1:30 p.m. SB 72 Limit Salaries Exceeding Governor Monday, February 9 OTHER NEWS The Budget - Governor Cowper delivered his first budget message to the 15th Alaska State Legislature, January 22, 1987. The budget document was later introduced as HB 75. The Governor emphasized the need to deal with a $875 budget deficit, and proposed a general fund budget of $1.88 billion, representing a 27% reduction in state spending ( in reality the general fund operating budget is reduced by only 9.6%, including the 20% reduction in Municipal Assistance and Revenue Sharing in the DCRA budget). He also recommended a series of specific budget reductions and ways to raise revenue. Here are some highlights from the Governor's budget message and from the budget, and some comments. o the homeowners' property tax exemption and the renters' equivalency rebate were not funded, and he called for a repeal of the exemptions. The repealing legislation has not been introduced and one question is what will happen to the funding of the exemptions already filed for this year? o municipal assistance and revenue sharing are reduced 20%, "with further reductions to be proposed in the future". House Finance Committee Chair Adams asked if the administration was going to reduce the municipal assistance payments to the statutory language of "not more than 30%" of the corporate tax. While there was no answer, Chairman Adams has misread the statute; it says 1130% or greater" but, also, when the oil dollars were plentiful, municipalities didn't even get 309/0! The Governor also said he would introduce legislation calling for forward funding (FY89) of revenue sharing, municipal assistance and school foundation programs. o school debt reimbursements are reduced from 80% to 70% of debt service. The actual amount is reduced from $115M (reduced from $144M by Governor Sheffield) to $84M; no one is sure what actual percent reimbursement that represents, but probably not 70% of the total authorized debt. o power cost equalization grants will be limited to residential customers o major reductions in road and airport maintenance have been recommended, including the elimination of state -funded maintenance and snow removal on roads which were, prior to the oil money, the responsi- bilities of cities, boroughs, or service districts. o Alaska Marine Highway subsidy will be reduced o capital expenditures will be $350M, of which $58M will derive from the general fund (new state dollars). He also recommended repealing all prior capital appropriations other than those which have gone to bid, and reauthorize only those which are absolutely necessary. Legislative Bulletin #15-2 - 4 - February 6, 1987 OTHER NEWS (Continued) o recommended the imposition of a state income tax which would raise $125M in FY 88 and $250M per year in the future. o recommended using $150M a year in earnings from the Permanent Fund, o school foundation program funding is "increased" from $414.2M to $428.1M but that does not take into account the elimination of the secondary formula account and the teacher retirement state match was zeroed out, to be picked up by the school districts. The Governor will soon introduce a new formula (see below). o pupil transportation is reduced from $21.3M to $15.3M. o community schools is zeroed out. o the fisheries tax, zeroed out last year because it was changed from a forward funded program, has been funded. o land conveyances in the DNR budget has been reduced 63.5% o the VPSO program budget has been reduced 11.8% overall. NEW LEGISLATIVE COMMITTEE APPOINTMENT AML President George Carte' has appointed Anchorage assembly member Jim Kubitz to the Subcommittee on Transportation, Docks and Ports; Municipal Utilities; and Public Safety of the AML Legislative Committee, AML LEGISLATIVE COMMITTEE AND BOARD MEET IN JUNEAU The Legislative Committee met in Juneau, January 28-29th, to develop a work plan, review legislation and to meet with representatives of the Cowper administration and legislators on key municipal issues. About 72% of the 40 member Legislative Committee attended the successful meeting. The Committee met with the Governor's Director of Legislative Relations, Bob Evans; DCRA-MRAD Deputy Director Doug Griffin; DNR Deputy Director Bob Arnold and Land and Water Division Director Tom Hawkins; DOE Commissioner Marshall Lind and Dr. Larry Huxell; DOT/PF Commissioner Rocky Gutierrez; and Representative Pat Pourchot. Upon recommendation of the Legislative steering Committee, the Board of Directors adopted a resolution opposing House Bill 37 and Senate Bill 77 and urging the Legislature to retain the present burden of proof in real property assessment procedure (attached). The Board of Directors met in Juneau, January 29-30th, on a variety of issues. The Board met with Governor Cowper, House Speaker Grussendorf, and Senate President Faiks. While Governor Cowper stressed the severity of the State's revenue picture, the Speaker and the Senate President were a little more sympathetic or, at least, encouraging toward the concerns expressed by the Board regarding the impacts for the proposed budget on municipalities. Other specific actions of the Board are covered below. The Board will meet again in Juneau, March 20-21, 1987, in particular to begin the strategic planning process (see below). BOARD CHOOSES STRATEGIC PLANNING FIRM The Board of Directors chose the firm of Leonard Lane and Associates in Anchorage from among four proposals submitted to assist the AML in developing a 3 to 5 year strategic and action plan to direct the future activities of the League. The proposal details are being negotiated but the program calls for a survey of the membership and the opportunity for the membership to discuss the recommendations of the Board during the AML Annual Conference in Anchorage in November. Leonard Lane and Associates will be woking with The McDowell Group on the survey. In addition to working with the membership, the Board and AML staff throughout the project, the proposal calls for a Strategic Planning Committee of the Board and a Technical Review Committee of -appointed municipal officials and others to assist the consultant. The project period will be about a year, with the bulk of the recommendation presented at the annual conference. Legislative Bulletin #15-2 - 5 - February 6, 1987 AML JOINT INSURANCE ARRANGEMENT PROCEEDING Over 70 municipalities have responded with interest to the AML survey sent to all municipalities to determine their preliminary commitment to an AML self-insurance pool, and their potential insurance needs and risk. The Board is working with Frank B. Hall & Co. of Alaska toward a July 1, 1987 start up date but there is a lot of work ahead. The critical issue now is determining the costs involved and methods to capitalize the pool, which will be critical to the feasibility of the JIA. In addition to determining to possibility of capitalizing the pool with assessments of the participants, FBH and the Board are looking into the possibilities of bonding for the amount. More information will be sent to the membership as it develops. Thank you for responding to the survey so quickly, and for your indication of interest and support. GOVERNOR PROPOSES SCHOOL FOUNDATION FORMULA The administration is describing a new foundation program which the Governor intends to introduce in legislation soon. Attached is a January 12, 1987 memo from Alison Elgee of OMB to the Governor explaining the formula proposal. Also attached are the preliminary dollar runs. Please call AML or DOE for more information. KODIAK BOROUGH CLERK HONORED Mrs. Gaye J. Vaughan, CMC, Borough Clerk of Kodiak Island Borough, Alaska has been accepted into the IIMC Academy for Advanced Education of the Internation Institute of Municipal Clerks. The Academy is a professional body of municipal clerks who have continued their high level of educational achievement beyond the attainment of the prestigious Certified Municipal Clerk (CMC) Award. In order to become a member of the Academy, a person must attain IIMC Certification (CMC), attend a minimum of 36 hours of graduate courses at an IIMC-recognized municipal clerks institute or complete similar educational programs relating to the responsibilities of the municipal clerk's office. Specific professional participation must be achieved, such as leadership in national and state associations, attendance at seminars and conferences, and professional writings and accomplishment. Mrs. Vaughan has been Borough Clerk of Kodiak Island Borough since October 1985. She previously served as Borough Clerk of Fairbanks North Star Borough for six years. MUNICIPAL MEETINGS Single Audit Training Sessions (Review of regulation, discuss problems, and answer questions). Anchorage - Friday, February 13, 9:00-11:30 a.m., Z.J. Loussac Public Library, 3600 Denali Street, Public Conference Room Level 1 (36th & Denali) Fairbanks - Tuesday, February 17, 12:00 noon - 3:00 p.m., Noel Wein Public Library, 1215 Cowles Street, Public Conference Room Juneau - Thursday, February 19, 9:00-11:30 a.m., Commissioner of Administration's Conference Room, loth Floor State Office Building, National League of Cities' Congressional -City Conference, February 28-March 3, Washington Hilton, Washington, D.C. National Association of Counties' Legislative Conference, March 14-17, Washington Hilton, Washington, D.C. Alaska Harbormasters Association Annual Meeting, March 18-20, Baranof Hotel, Juneau, Alaska AML Board of Directors, March 20-21, Juneau AAMC Meeting, March 22, Sheffield House, Anchorage Alaska Municipal Clerks' Institute, March 23-27, Sheffield House, Anchorage Alaska Municipal Management Association Winter Meeting, March 30-31, Juneau Legislative Bulletin #15-2 - 6 - February 6, 1987 JOB VACANCY Borough Manager. The Matanuska- Sus i tna Borough, population of 44,280, covering 23,000 square miles and located 40 miles from Anchorage, is accepting applications for the position of Borough Manager through February 15, 1987. Annual Budget: $80-90 million. Requirements: Strong leadership ability with solid experience in municipal management. Salary: DOE and excellent benefits. Applications are public records and open to inspection. Inquire: Matanuska-Susitna Borough, Post Office Box 1608, Palmer, Alaska 99645. 105 MUNICIPAL WAY, SUITE 301 JUNEAU, ALASKA 99801 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ALASKA MUNICIPAL LEAGUE OPPOSING HOUSE BILL 37 AND SENATE BILL 77 AND URGING THE LEGISLATURE TO RETAIN THE PRESENT BURDEN OF PROOF IN REAL PROPERTY ASSESSMENT PROCEDURE. WHEREAS, in judicial proceedings, the burden of proof is on the person who petitions for relief or files the complaint, and WHEREAS, the same system is used in most, if not all, jurisdictions that levy property taxes, and WHEREAS, this system has proved to be a fair and adequate means of dealing with challenges to assessments of real property, and WHEREAS, the judicial system has dealt with appeals to court of assessments and assessments procedures and has approved the burden of proof being places on the property owner to show inequity and has recognized the appropriateness of such public policy, and WHEREAS , shifting the burden of proof to the municipality will induce many property owners to file appeals where there is no basis for an appeal as the property owner has no burden to show anything and nothing to lose, and WHEREAS, the increase in frivolous appeals will unnecessarily increase the cost of assessing procedures and could overwhelm Boards of Equali- zation, and WHEREAS, the statutory bases for an adjustment of an assessment (unequal, excessive, improper, or under evaluation) are not elements that the assessor would ever prove in an hearing; and WHEREAS, if the burden of proof in assessment appeals is shifted to the assessor, a persuasive argument can be made that a similar shift should be made for the state assessment of oil and gas properties and for numerous other appeals of state administrative decisions; MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OF COUNTIES NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Alaska Municipal League that the Alaska Municipal League urges the Legislature to retain the present burden of proof in real property assessment proceedings. Adopted this 30th day of January 1987, --�w George arte', President Alaska Municipal League Attest: A. Burgess, EAcutive Director gig TO: The Honorable Steve Cowper Governor State of Alaska FATE: :Ta ua *o-1 12, 1997 FILE NO: M7 TELEPHONE NO: 465�3568 SUBJECT: FROM: Alison El,gee DOE Fou.^.da ` ton Program Budget Anal..& proposal Division of Budqet Review Office of Management and Budget The Department of Education has been attempting to develop rew distribution mechanism for state aid for education since 19 82 r-n 1986, the Alaska Legislature passed a nev distribution scheme. There are several technical distribution problems with the foundation legislation as passed. The most important concern of the State, however, is the continuing inequity of State aid distribution which seriously jeopardizes the receipt of federal PL81-374 funds from the federal government. The state currently receives $65,000,000 in PL81-874 funds. If the state cannot meet federal equity standards for state aid dis- tributiofi- of educ:ationai funds, the federal government could withhold all PL81-874 funds. There is presently approximately $ 600 , 0 00 , 00 0 a year tie incy expended on R-12 public education in the State ^f Alaska, =rom all sources of revenue. Past distribution schemes `or statF, aid to education have not attempted to equalize local revenues, or have equalized revenues over such a small portion of the total program that no real equalization has occurred, 'he dis- tribution scheme for public School foundation being pronoced b the Department of Education takes into account all money' cur- rently being expended to develop an equalized educational program, Then a determination is made as to who pays wh-a t portion. The following analvsis highlights the key points and philosophy upon which the distribution proposal is built. 1. The pros*= is developed using an ins -tractional unit approach... Each unit represents the dollars necessarty `o provide resources for children to provide educational prograss. The current TRS retirement contribution made by the state has been assumed to be transferred to the ?r�7? • e er. s represents approximately a 3-4 % inr.raA sP +� district operation costs. The proposed instructional unit value is $60,00o. 2.46 The program no longer recognizes separate facilities as a base for instructional unit calculation. Nor does it differentiate between elementary (K-6) and secondar,� .z { 7-12 ) until the schoo: age population exceeds 200 .n each proy:m in each funding community. Funding communities havo bean 02-001AIAov.101M OBR6/AE7/1-I2-87/1 The Hot"tQr 3b i.G S ti've veto!' �.� �* v uc� *„� 1 `� 9 % Governor defined to include school 54 tes within reasonahle proxinit feeder elementary schools into junior/senior high �rzool programss) . (The Department proposes fundiing co csaun it i AS b� defined by regulation.) 3. Funding schedules for K-12 have been designed tQ recognize increased costs for secondary education after a minimum population level is reached (200 each in elementary and secondary programs) . Funding schedules dovetail and each child is credited a portion of a unit. Therefore, no real gain or loss to a district will be realized by one child. No separate schedule has been developed for district correspondence programs. These programs have not been precluded, however, funding is on the basis of the inern - mnntal cost of providing education in the largest funding c . ity within a district. Thy! Minimum number nf units for a small funding cosaaunity is two, recognizing a mini..- im dollar requirement for providing an educational program, 4. Special program schedules have been developed to recognize the incremental cost of providing special education= bilingual/bicultural education; and vocational education. The Special education schedule utilizes resource criteria established by the Department special education staff and recognizes the different costs associated with intensive care programs, resource room, and gifted and tale: ted progrRm enhancements. Bilingual/Bicultural schedules treat only A and B students (defined by federal lav for students where English is not the primary language) . Bilingual funding is based upon a resource room delivery and co: -re- sponds to the special education, resource room schedule vocational, educational schedules recognize the increase costs of materials and equipment in high cost vocat i ona 1 education programs, recognizing that secondary procr:m schedules have been developed to provide resources based upon lower pupil/teacher rations in secondary progrmus. 5. Area differentials have been set utilizing the geograph:c differentials to be used for state employees salary schedule: per the arbitrator's decision. There have hegn =MY efforts in the past to develop cost differentials for wilt cation. Upon review, the Department :eels that Correa nding area differentials to the study for gdographic differentials for state employe* salaries is a sound approach. 6. The proposal includes a provision for required local effort. Required local effort is set a four rill levy against assessed prorAerty valuations per Ca=un i ty and Regional Affair's asse4wients, or 35% of basic reed as defined through the formula, whichever comes first. Property valuation is used only as a measure of local wealth. Districts have the opportunity to raise local revenues through any taxing option they choose. (A four D8K6/AL7l:-1�-,87/ 2 i The Hnno?_'ib 1 p Steve Cnewper3- ., Governor will levy, based upon Community and Regional Affair' valuation will in fact translate to a Mi? 1 Ie��y gT^3tnr at the local level because local valuations tend to bn lowe?- than those stated by CARA) . For the puzw one o_ this program, no local wealth (local contributions) is pro j Pcted for REAA1%, as presently the property valuation of the REAA's is set at zero. 7. Basic: need is developed to include :all operating funds , of total basic need, the state provides 65 %. The remaining 35% is funded by local revenues to the extent of a Four mill levy against assessed valuation with the state con- tributinq additional dollars to bring the total to 3155%. Should a four pail levy exceed 351 of basic need, a district reed not contribute more than 35t. The proposal for distribution indicates only four districts where local revenues will exceed 35%: Anchorage, Kenai, North Slope, and Valdez. 8. The proposal considers all PL81-874 funds rar.eived by the state, both by RZAA's And cities and boroughs. Ninety percent of. PL81--874 funds received are deducted (to the extent allowed by federal law) from entitlement based upon the state qualifying as an equal i zed program. (Previous programs have taken into account 80% of PL8I-874 revenues received by REAA's and ignored city and borough PL81-874 revenues.) 9. To enable a =ooth transition for districts to the now distribution schema, districts which are s ignificantl•I reduced have been floored at 90% of FY 87 Revised., There- fore, no district will be. reduced more than ten percent in FY 88. The proposal wade by the Department of Education appears excnl- lent. It greatly simplifies calculation of entitlement and appears to satisfy concerns of providing an equalized dis- tribution of state dollars. It recognizes increa-ed costs o: providinq special educational programs without encouraging identificatfom• of special needs solely for purposes of revinnue generation, lee which previously existed encouraging program comffgeration of children for revenue generation no lour eziste, Current projections of state dollars needed to effeat the now distribution scheme are below FY 87 Revised apps. iations. D9R6/A87/I-12-87!3 37= Or ALA M-tVARM r Cr NICK RMIC SQL faMI IQI AS RELQ= 8Y THE OMMMIS CMMF S7= Am PRO= rfu PREPMED 1124/87 S=1 DImcr PM MINW=P AM rm rasm Su S rm mm s PER ATM rfS7 AM 1ST COW R87 Sl= s W/ an r M7 P91 sl= s PM Atli cum L MK 800 S3.130,967 3,914 601.90 S1,99a.84i0 $3,321 118 AUM 523 $4.219,125 8,067 SUAO S3,634,255 S7,106 114 Ii�ZQ+1 90 S1.244.998 13333 90.60 $1443,298 Sl3,723 101 A RAM 38874 S118, 639, 876 LOU 39, 748.10 5116, 671, 80t S2, 935 104 ANN= Lq ►ID 432 Mel" 2.285 416.30 51,446451 $3,474 66 so= ST= L2M $10,93,491 8.373 1*225,50 s10,317,458 S8.418 99 BitIm BAY 216 S1, 297 S22 6.007 2i8.30 $l o Ul, 729 S8, 463 71 cam 320 Si, 982,552 6.395 3U,6 32,104,042 55, 984 107 139 S1,454,645 10,465 130.40 S1,2UMI S9,534 110 C�Pl� R1i1Dt 541 54.06L = 7, 506 50ir.10 53, 534, 791 $6.984 107 430 32,117424 44,924 M30 S2,010,669 54,720 1" cum 239 Sl,311.456 5.467 216.s0 SS,t10,380 S6.50S 84 D= GM Y 969 $4054,514 4,694 1.018.70 $4.047.432 S3.973 118 OIIi.�M 469 S2,512,222 59357 461.S0 S3.101,320 $7470 73 9'A�!l81�S 133 $40=05" 3,498 12,M.00 $43*303.043 S3,358 104 GNM 172 S962,412 50595 165.60 %IL414,178 $994U 66 8ZIM 370 S1,938,494 50,239 35LAO S1,942,510 S'S.522 95 239 S1,33SAG 5,506 24.00 S1,447.S4S $6,031 91 HAG us $M,729 8,Z47 10T.00 $830,066 S7,79 106 348 53.667.213 10,538 39LSO S4,S44,731 S31.570 91 II 4485 S3A, S8S, 4g7 3.252 4.609.10 814, 6U* = $3.187 102 in =7.417 5,093 194.00 S1,323.890 $69 SU 75 MJT 169 S1,284,293 7,599 163.S0 81,338,936 S8,090 94 1QlaI 8414 828,719,592 3AU 8,17L30 SZl,=0,172 S30610 9S TV 'ImIgN 2450 S8,209.014 3451 2,473.30 S7,4s1,382 • S3*M4 111 on cm 133 S1.159,429 8,718 IWO $1,167,016 Si,794 99 l C� 168 5988,084 S,Bil . 160.W ' AoMol75 56,693 88 XMDZ =6 Si1,961,114 SAM 2,252.90 Sl1,lU,1.12 $49955 104 xmptz 361• =369,303 9435 350.30 i3.iSC= SL1,0M 85 EM 4 PDrnmBA 369 54.385452 UoU4 35LAD 84JUvI16 $12451 96 Lam almomm 2S21 $22*308,612 8,849 2,606.00 ?2i,2s7,168 58,169 us Lam 4 M 1343 S8.7S4.099 6,SU 1*315*30 87,574,532 $5,758 U3 xtr-Sty 8950 Si31,S35,723 3,557 8,667.90 SVv349,497 S3,3.S5 113 N� U4 Sl.Z Mp7lS 10,094 123.00 S1,11S.660 $9.070 Ill mm 750 34,441,148 5,922 782.10 $5.04t= $6,455 92 CIPM 2 1Z31 S3,723,699 3A S 1,151.50 $lvU7,300 S7,049 43 An= 1632 S31,S46,830 7,075 1,547.40 510,9100415 S70,051 100 PUMN 54 5522,650 9,679 SL50 SM0238 S9,894 98 PL'i �G S97 32489,121 40504 GOLOO $2452,030 $4,246 106 PRYNTY ' 152 S1,115.048 7,336 153.60 S843,S30 55.421 135 RLU= 361 S3,331.200 9.229 366.00 S3.280.393 S8,963 103 on Par 135 51,037,036 7,682 ULS0 M3.476 $7,202 107 S= 1581 SS,9 A23 3,790 1,590.00 S5,481,a10 S3.41i 110 SAY 136 SWAM 6.170 137.00 $6M.306 S4,586 135 Zqm 435 S3,875.S88 8.909 416.10 SLUMS $89731 102 WOMMIRMITI 504 S4,762,783 90450 473.20 $4.016,80e S8.489 111 ST. IY'S 108 S809,536 7,496 95.60 S1.306,168 S13.652 55 vmm 88 S785.262 8.923 81.00 S1,009,921 $12,468 72 170 S1,005.109 5,912 147.00 $1,068.700 57.270 81 vum 758 S3.642,449 4,805 155.60 S3.S41.926 $4.688 103 497 52.347,858 Mu 493.70 S2,110.243 $4.274 ill Y�II�TAT 160 SL 208.466 7, 553 157.50 S1,136, 993 S7, 219 105 K nATS 373 $4,756*133 12,751 373.00 $4.607,852 S12.353 103 Y -WYUCZ 633 $5,601,700 $,$a 612.90 S5,738,297 $9,363 9S Yt�IIT 294 S2,630,674 80,948 295.40 53,397,072 S11,500 78 '• "liS 102,331 419,325,669 4,098 102,072 411.576,752 S4.032 102 $7,527,762 STATE 7 ALASLk•VJIRrOT x RAUC X= FO1MTlaf AS AnL4 D &Y "f WVM' S OFF:a 'Hi: is A r01dcIN )OCMT STATE AID 40 IS ISIECT TO C?i1MN !�I4tECT "M MWAO IlW97 t,..v....t s r AWUSTW &ASIC 62 of 3S= rft TOTAL LOCAL CAI. AWITIMK 6St &tile 4M FYU t1rTiS w b9c &DLit ewe FU74 IEO D' 2T 9M STATE AID ' :SS �ROrCSO DISTRICT 140W NtoO P. ®. (4 Bills) R374 AR LOCAL 90 R&74 STATE 1 ACAK 82.06 1023, 6m 13.20, 3i0 11, 723, 260 1. 9 41A 10 11. 792.633 f 1, 723.260 11. A+07. 707 f3,130, %7 ALM GATUY 30.76 119Si A 9,119, 6A0 11.69 %o 69c ou 10 1i& in f 1. 69S.960 12, U3.16S U.219, :25 4am.Im RNION 25.66 11.539.6M 11,00L UA LULAW VIA 10 n%lbc SULS60 1706-138 11.2U. M AfQfatAiE 3.069.29 11s2,957,W 111&.922.310 861,04,090 3139116 177, M 47 r=1A31 10 1113.639,876 1118.0.316 ANETTE ISM 39.90 ILMOW 814ft.1M avo u 1.5631131 4 f 1. A0 -10 fs37, 900 11A9, 264 M87.16. KRIli STRA 2"A t14.1I.3M i9.60L= 8& 173.900 4.66ka" 4 S41",At M 173,900 iS.601.511 $to. 5&Z.01 SISTOL BAY 32.71 IIALA f1.17S.610 1616.910 WOW uok ut 1251.911 12M, 7A6 S1.016, 776 11.297. S22 061 W1 4.09 SLUM 11.M9310 s167.S10 3699b31 f0 17 W Won 11,011.662 11.982.:S2 OWN 27:29 119636.M 1j.061.9SD sMO M 20UN 10 1=Z,156 mom MU, 765 11, Au ba am RM 71.33 Met"$ oo 3Lb91.AM 11OUL9X "Lin x fV97,912 n,sio.930 12AL9n 149061.&U e=MA &Lv 3LuL2M n.710.930 ":10270 21,27A . 349&%9 119.117 U2&311 11969WU 12.1170121 em 21.75 11*4869 aQ I%L2m SU997M Vo= t119,219 1?,1 Z MLS31 19AL95 11.3110A.S6 OVA GMY 93.1S 1S MUM 13,63 = '11,oft M 141%0% n SLOLL2% 1L9% M 1L39i,7U u,sii.Sij act SLM SLID -In n AWN 11IM&M 330.1Z1 liJ0.0�3 t2'10.9iS i706.357 n.ao7,b6s IL312.222 FA 6 1.I.22 1Uq N = 1i&Zk SM UL 7& 670 0 nj, 907, bib >0 13, sis.961 1A2.20i. SM s16.035. % 64M 2S.Aa 11.32LO "M m $M= mom fM,AM :iM O 11St.6n W9760 1962.Al2 sm 39.40 1LJw9n 114&%600 two= 299U 1J &A 135 = 1A36.911 n,sol.w i1,93i^ H101- 27.06 11.4UN n.awm mL210 212.m9 nu.9aa niL= U51910 wiftm 11031S,be nv� "6640 16 &NO smuo o >�.67! 00 12 W SU& N0 Ail tattma 7S.M l+.su M CLUL9M U$ULM 9it,916 so u9.S17 n.s0a m ueow= om 134di7.213 AM 3Sd.0 CLA190 "Mao s7,179,360 ROM 16►RL%o M221 17? 3" ILLA 2,0i6 n6.S&S,A07 us[ ZLN n.M= wLA man A LM! UL?A W90 ii.Z U6 an-e 71 f937,A17 +lut 29.72 n,7u = n.wsm %.ix S6t.3A1 :o LULL W IX IWA73 11,2s1,193 7N.8 ni.3M.= cLuL o n.%uL= wow nS,dsLw nan 10 r& n9, s92 UL n9, a92 xcow 197.23 nl ALM V-04 IIIN 84ULM US f3ALSx 17,210 WL2% 179W721 3&209,0i1 xw cm 23.23 n. M= WLM u&2M iS3.339 "ION6 $M= IM6K 176VU 1191S9, n aim 21,27 nxLn l I,= "A 29s.1M ULA 121i.1S2 1+?3 u lsil.77S 19 =w ZU7 n46ALn 1%XLM 3&Wgb70 -1S2.S3rt 12.ZDlm nv,2l7 n,7rokm 199163,033 1ou SIL%1,:11 ow 76.31 xvvL= n.w&= n.mL= 1.367.715 n n.212 m n.wLw s1.76 an f3.369.M,T LK t mms 90.37 ILUL 1 i "MOAX =l.il sm 111=0 3 n n.nua n,w,770 12.Ai7,Sb2 stem,= Los can= ULIA =oMW U&A&7W $l.*Lag k.;^w n GowL M 1 uLso n2,M7n s22,ML6M L n Y= =U +w�on NAL= 116ok.m &ULW 18 UALM K.UL7X WMLM SWWW W-W 712.13 x= wo= tZ?.?lS = rii. s6m Vl3V 11D.b679= ns.O3 :i Wd% n797ALM7 13190,n3 am of ZZu 4AL= UILM 1"12 %w VLSI b6st 1392 m tNL%6 11,251, 71E &A lirULA lSJK= n.7lZ.30 MIX HILS60 V&%2 11.1b6 = 11.2S In 11.A11, lid am SLOPE WLQ "Mm 042L1.X t3.ta= 3.9 use 13i.2LLus 1Z.1%41 10 u.n3,6" 1397U.6" SST AMC 2SLu nLv&770 1S.A27,n 3,3Si.230 mILIA t1,aLm %,Awuq 17,M9,9n f11.St4.uo P"� 9.n Oka =L= 0 ft= l0 11 &%O MOO fS ,&% rt udan 9.0 as== n.sL= n,,uL a L= n otn 17,667 1Sn,%& 82,097.173 129U9,121 Raw NILSELT 20.63 497179= n.iu.s70 im2m 6WrA n 160Z m %Xs2X 1513JU 11.11590A6 53.32 lirvLaw n.ucm n,uL= 0 :o :0 heALM 12, ld,2M u43S1,2M W MINT S::XA ZL26 n.sum WLUG 1667.A60 0 129 mi 10 nALSu SALAG 11,037,336 131.09 17ALAW 13.112.510 12.7 Lao ULM :i.761, 7e nag? 1911,190 13.MA33 15.992.623 IW"Y 17.92 119VL2W :rl m 137+6.320 0 IM146 10 SUL174 fi91,bM• W91Lu Ufft ST ILW 77.33 11ANOU $,%M VO 11.621 M St9.1A 10 1766= 1i,623 M 1202511bu 13,b75.SU muml Ws it. Ws IM-10 1 AL= 11.16L= n.M= 1.b2o,019 !o n,K3 w 1292A2,N n,S19.M fA.762.1SS 7JIM :9.65 n.u9,= SUM 11 L&W 3IL733 11790 0l.bio MKS 1111.690 time s36 :7.33 311291= :its.a 136L = 23L M U79021 07.511 13161909 Mu.3S3 f 713.X jAAIU waoEz 25.91 11.35,U n.OtL= 1SUV= 13711A1 L92,251 1161.A33 116L272 UQ.937 31. 2:.::*; 93.11 1S,63i,U SSAAL220 :1,973.SM 2LZI :L M93V 12L M 10 u.s12. "9 13404. "1 rARutAr 66.61 12.7SL.6� 11,M9.990 1974.610 2.2" i13i hO 12.060 Mi.9'!E 1:.107. 330 f2.rU:. ise ZL29 n.3M= U01310. MAL= 62.d2 In,su UU17 139S.%j :s12.r&: "1a1 i:AtS 41.x 15AL= 13.561.= 11.9U,= 732,074 10 110310367 HAI.= S2.us$ 33 ri N401fl K 117.60 17.J36,M 11.3u. Am 12.A69, 6W 1, 615. big :0 11.AS1.,3� C!, t69, bQ; f3.:::.:OC _ i5. x::.-:;W* '" 00. 61.2: 13.o73.bM 12.3V,970 li.295,0 10 0' ".029 10 11.013.126 11.295.a33 •ssssss::::s:-.s • su M Pt, �c7ALs 9. oy Sl1.m.:ao 397. SK 610 208.701.9V 63.973.7U 2OL:76.2:1.376.i09 73.111. o69 56..::3.�: 411.:; . fie; �sn�si=it2SS.:� STATE C=IE9rw4u Let A s t -1k rye.. , G jLti07H 14 t tr Ca N A Y"A/Jro - 9 N N d I I rt, Oo Oo (D v v �d Pld C7 N fD � � H � (D N � f t' on y v N � O En 0 0 0 I-h 0 o rt ul ro I-h 0 0 En b b 0 n ' O C44 0 (D z H � n y H t� a C IO H o z �11 H O hi x rt 0 o O t3J N• 0 Z fD H � O 0 0 r3j x z I-d m �C 03 0 b n m (D 0 v rt F-+ 03 N H- (D rt Ln 00 �:s N b 0 a o m G m NOn .-. 0• �-n or4 0 0 0 n � b F--A 0 FJ- � rt � x b n F-h He 0 rt b m m 0 pa ^� �++ He rt 0 FRANK H. MURKOWSKI ALASKA CHAIRMAN, COMMITTEE ON VETERANS' AFFAIRS COMMITTEE ON ENERGY AND NATURAL RESOURCES COMMITTEE ON FOREIGN RELATIONS SELECT COMMITTEE ON INDIAN AFFAIRS SELECT COMMITTEE ON INTELLIGENCE Mr. William J. City Manager City of Kenai 2.10 Fidalgo Kenai, Alaska Dear Bill: nitsd v$tates 5mate WASHINGTON, DC 20510 February 11s 9r �1 $�� ,,�71�1 Brighton P� �N. rp °P of 99611 WASHINGTON OFFICE: (202) 224-8685 ANCHORAGE OFFICE: 701 C STREET, BOX 1 (907) 271-3735 FAIRBANKS OFFICE: 101 12TH AVENUE, BOX 7 (907) 456-0233 JUNEAU OFFICE: FEDERAL BUILDING, BOX 1647 (907) 586-7400 Thank you for contacting me to express your concern over the Application for Recordation of Trade Name: "Alaskan Seafood Company". I am pleased to inform you that the U.S. Customs Service agrees that the recordation of the trade name "Alaskan Seafood Company" by an Arizona based company would cause the public to believe that the products sold by that company originate in Alaska, and has therefore denied the recordation of the trade name for the firm. Notice of this decision will be published in the Federal Register. I hope this information will be good news to you. Please feel free to contact me again if I can be of further assistance. Sincerely, Frank H. Mu kowski United States Senator �i � CJ d�2b 52 10OW61 C doo,2 041� e7