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1989-04-03 Council Packet
Kenai City Council Meeting Packet April 5, 1989 AGENDA KENAI CITY COUI, AIL - REGULAR MEETING APRIL 5 1989 - 7:00 PM B SCHEDULED PUBLIC COMMENT (10 Minutes) 1.Sherry Innes - Concession in Airport Before Remodeling Complete C PUBLIC HEARINGS 1 . Ordinance 1308-89 - Increasing Rev/Appns - Airport Drainage Study/Safety Capital Project Fund - $56,792 a. Resolution 89-24 - Award Contract - Comprehensive Drainagt-.> Plan, Airport - Wince. Corthell, Bryson - $56,792 2 Ordinance 1311-89 - Increasing Rev Appris - Sr. Citizens Mini -Van - $16,896 17 3. Resolution 89-20 - Award Bid Sr.Citizens Mini -Van - Craycroft Chrysler -Plymouth -Dodge - $16,896.17 4 Resolution 89-2 I - rari of Funds - Communications, Disoatch - 52,500 5 Resolution 89 22 - Authorizing City Manager to Enter into Grant Agreement with State - Aii port Runway Paving and Installation of Lighting - $52,0"7 6, Resolution 89-23 - Authorizing City Manager to Enter into Grant Agreement with State - A;rport Drainage Plan and Design Expanded Safety Zones - $1,775 7 Resolution 39-25 - Transfer of Funds - Purchase Boom Tractor, Price Increase - $724 8. Resolution 89-26 - Transfer of Funds Library - Newsbank Electronic Index CD-ROM Reader $2,600 9 Resolution .39-27 - Transfer of Funds - Change Orders #3 & #4 - Airport Terminal Renovation - $4,495 10, Resolution 89-28 - Transfer of Funds - Recreation, Snack Bar Operating Supplies - $3,000 AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 5, 1989 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent. Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Sherry Innes - Concession in Airport Before Remodeling is Complete C. PUBLIC HEARINGS 1. Ordinance 1308-89 - Increasing Rev/Appns - Airport Drainage Study/Safety Capital Project Fund - $56,792 a. Resolution 89-24 - Award Contract - Comprehensive Drainage Plan, Airport - Wince, Corthell, Bryson - 556,792 2. Ordinance 1311-89 - Increasing Rev/Appns - Sr. Citizens Mini -Van - $16,896.17 3. Resolution 89-20 - Award Bid - Sr. Citizens Mini -Van - Craycroft Crysler-Plymouth-Dodge - $16,896.17 4. Resolution 89-21 - Transfer of Funds - Communications, Dispatch - $2,500 5. Resolution 89-22 - Authorizing City Manager to Enter into Grant Agreement with State - Airport Runway Paving and Installation of Lighting - $52,077 6. Resolution 89-23 - Authorizing City Manager to Enter into Grant Agreement with State - Airport Drainage Plan and Design Expanded Safety Zones - $1,775 7. Resolution 89-25 - Transfer of Funds - Purchase Boom Tractor, Price Increase - $724 8. Resolution 89-26 - Transfer of Funds - Library - Newsbank Electronic Index CD-ROM Reader - $2,600 0 9. Resolution 89-27 - Transfer of Funds - Change Orders 43 & #4 - Airport Terminal Renovation - $4,495 10. Resolution 89-28 - Transfer of Funds - Recreation, Snack Bar Operating Supplies - $3,000 COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Recreation Commission 7. Planning & Zoning Commission 8. Misc. Commissions/Committees a. March 18, 1989 Meeting Regarding Seafood Industrial Park E. MINUTES 1. *Regular Meeting, March 15, 1989 2. *Teleconference, March 15, 1989 F. CORRESPONDENCE 1. *Alyeska Pipeline - Valdez Terminal 2. Alaska Senate - Select Advisory Committee on Municipal Taxation 3. *Sen. Fischer - March 18, 1989 Meeting 4. *Seafoods from Alaska - Thanks to Mayor 5. *Atty. Tony Smith - Thanks to Mayor G. OLD BUSINESS 1. Jesse Wade, Dena'Ina Pt. Estates - Rescission and Release H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1312-89 - Increasing Rev/Appns - Airport Runway & Taxiway C Overlay and Related Lighting Improvements - $1,666,452 4. *Ordinance 1313-89 - Increasing Rev/Appns - Dock Facility, Expansion of Parking & Staging Area - $135,000 5. *Ordinance 1314-89 - Increasing Rev/Appns - Library - Cancellation of Copier Maintenance Agreement - $1,500 6. Discussion - Lease of Dairy -Queen Facility 7. Discussion - Kenai River Special Management Area Advisory Bd. Meeting - March 23, 1989 8. Consent to Assignment - Gusty S/D - Wagoner to J. Doyle 9. Discussion - Salamatof Native Assoc. - Cultural/Recreational Project Near Elephant Lake 10. Approval - RFP - Insurance Services for Next 3 Years 11. Approval - Change Order #3 - Airport Terminal Renovation - G&S Construction - $1,543 12. Approval - Change Order #4 - Airport Terminal Renovation - G&S Construction - $2,952 - 13. Discussion - Inlet View S/D 14. Discussion - Kenai Peninsula Caucus Meeting - March 17, 1989 15. Games of Chance & Skill - Peninsula Extension Homemakers Council I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT w. l I, 4 ! �rr•...^ '�-'!- /A} ° ,,.i. ' 'l+.+f . ` Y�e,..�,a'4 " of Y" 14 COUNCIL MEETING OF L ? ? COUNCIL MEETING OF S7 - 0 KENAI PLANNING & ZONING COMMISSION March 22, 1989 - 7:00 P.M. City Hall Council Chambers Vice Chair Phil Bryson Presiding 1. ROLL CALL Present: Bannock, Brown, Bryson, Glick, O'Reilly Absent: Nault, Roberts - excused Also Present: Councilman Smalley, City Attorney Rogers 2. APPROVAL OF AGENDA There was one addition: Item 7-b, Vacation of Utility Easement MOTION: Commissioner Glick moved to approve the agenda as amended, seconded by Commissioner Brown VOTE: Motion passed unanimously 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS None 5. APPROVAL OF MINUTES - March 8, 1989, MOTIO14 : Commissioner O'Reilly moved for approval of the minutes as submitted, seconded by Commissioner Glick VOTE: Motion passed by unanimous consent 6. OLD BUSINESS None 7. NEW BUSINESS a. Application for Home Occupation - Tyson Adams, Tyson's Janitorial Staff comments were handed out prior to the meeting as they were not in the packet. Comments included the location; at the end of a cul-de-sac and drainage with no visible dwellings close by, no traffic to or from the residence, and less than 30% of the floor KENAI PLANNING & ZONING COMMISSION March 22, 1989 Page 2 area. Commissioner Bryson asked Mr. Adams if there were other employee vehicles, answer no. Will there be any outside storage, answer no. Are you planning on signage, answer no. Are there any persons to be employed, answer only myself. Is there any evidence outside the residence that there is a business, answer no. Commissioner O'Reilly asked if the business is already in operation, answer yes, for about 6 months. MOTION: Commissioner O'Reilly moved approval of the application for home occupation by Mr. Adams at the referenced location, seconded by Commissioner Glick VOTE: Motion passed unanimously by roll call vote b. Vacation of Utility Easement: Lot 2, Spruce Grove S/D #2 - ?J.S. L'rban Housina According to the information submitted by the Borough this easement probably was placed on the plat prior to city utilities being installed. As all three lots are currently hooked up to water and sewer the City would have no problem with vacating the easement. As both structures shown on the as -built are accessory structures there would be no problem with their placement. MOTION: Commissioner Brown :roved to recommend vacation of the utility easement adjacent to Lot 2, Spruce Grove S/D #2, seconded by Commissioner O'Reilly , VOTE: Motion passed unanimously by roll call vote 8. PLANNING None 9. REPORTS a. City Council Councilman Smalley reported that the contractor at the airport terminal mistakenly tore out the carpet and will be replacing it at no charge. The mural at the terminal was done by the high school art class and is very nice. The Council felt that the information regarding a portion of the unity trail was inaccurate. The group is attempting to raise money to put in the design of the bike path for $1.5 million. More information will be coming. =-NAI PLANNING & ZONING COMMISSION *arch 22, 1989 Page 3 Jesse Wade was a purchaser of some tracts of land in Dena'Ina Point Estates and had made a counter offer to Council which was not accepted. Commissioner Bryson asked about the original offer. Councilman Smalley answered that the lots had come back to the City. The City made an offer to Mr. Wade that they would take the property back and with an additional amount of money would give him title to one of the parcels. Commissioner Bryson asked about the proposed sale of lots 3a and 3b of Baron Park S/D and why it was denied. City Attorney Rogers answered that this was a request that would put the City in a :second position and Council did not want to do that. Commissioner Brown asked what this was on, answer improvements on leased lands for Pizza Hut. Commissioner Brown asked if this had been done in the past, answer yes, we now own a Dairy Queen. b. Borough Planning No report. C. Cite; Administration Would you like a work session at the next meeting for the Comp Plan. Commissioner Glick answered that we really should get going. There is money available from the Borough and a place available for doing some color printing for the pull outs if you decide you want to stick with the drawings thus far. We need to :start identifying areas such as parks & recreation, library, etc., for their input as this is an overall five year plan. Commission agreed that if it is a short agenda, to go ahead after the meeting instead of before. The next meeting is April 12th. 10. PERSONS PRESENT NOT SCHEDULED.TO BE HEARD None 11. INFORMATION ITEMS a. City Council Agenda - March 15, 1989 No comments b. A. Sarisky Reply - Crematorium, Spur Hwy. City Attorney Rogers: For the record, I've provided a written response. I had anticipated Mr. Sarisky being here tonight and I gun here tonight to support your position and that of City Council and the Building Inspector and I have some case authority for the position which appears to be lacking on Mr. Sarisky's part. Commissioner Brown referred to the second paragraph where he disagrees with the interpretation of the building inspector having the authority to make that determination. City Attorney Rogers: KENAI PLANNING & ZONING CCMMISSION March 22, 1989 Page 4 _f in fact it is an accessory use I don't have any problem with it, he's made a determination. The City Council is aware of that determination and you people have been made aware of that determination and I've heard no objection to that. I find that on an accessory use, if you're going to get into that every time it's Going to increase your work load substantially. Do you feel somehow that the building inspector is usurping authority? Commissioner Brown: No, that's why I'm questioning why he would make that statement. I would think the building inspector would have that authority and that would be his main responsibility rather than bringing everything to the bodies. City Attorney Rogers: I have no way of knowing why he makes those statements. Commissioner Bannock: So the City's position right now is the fact that a crematory is aiiowea because it is an accessory to the mortuary. Cite Attorney Rogers: That's correct. Had there been a crematorium going in as a crematorium it would be a principal use and a conditionai use permit would be submitted. Commissioner Brown: Does i•lr. Sarisky 11ve close to this, is that why he's objecting? City Attorney Rogers: No. Pair. Sarisky lives on Strawberry Road. Vice Chair Bryson: He lives in access of a mile, as the bird flies, of the facility. 12. C0MMISSION QUESTIONS & COMMENTS Planning Specialist Loper: I have a question to pose to the Commission that the Bu-Id4ng Inspector and I have decided should be considered by the Commission. There is a situation on Anglers Acres where a gentleman owns a parcel on which he has put two rental. cabins besides the cabin that is already there. It is a residential zone so there is no problem. The problem comes in when he says that he has an office in Old Towne and runs a guide service out of that office, what happens to that lot when he takes his clients to the Anglers Acres location for launching the clients. Vice Chair Bryson suggested getting all the data down in writing and presenting at the next meeting. Commissioner Bannock: Is this person a guide right now, and has an operating guide license. Planning Specialist Loper: Apparently yes. Commissioner Brown: And he has a residence on the river. Planning Specialist Loper: A summer residence only, his permanent residence is in Old Towne. Commissioner Bannock: Where do most people run a guide service. Is the norm to put in at the Kenai dock? answer yes. Planning Specialist Loper: We've given permits to guide services down there. Commissioner Glick: And we've limited the number of boats and other aspects. Planning Specialist Loper: That's right. In this case he doesn't live there nor run the business from there. Councilman Smalley: Is he renting those cabins as rentals or as overnight cabins. Answer is unknown. Vice Chair Bryson: There are too many loose ends, I think we should get it all down in writing. KENAI PLANNING & ZONING C0:,1MISSION March 221, 1989 Page Manning Specialist Loper: There are several questions I can't answer, would you prefer the gentleman be here to answer questions. Councilman Smalley: I would say draft all the known answers and run it by administration and then ... what. Like Mr. Adams wno came tc you tonight, there's absolutely nothing iniicating ghat it is a business. This person has an office in Old Towne, but the activity is in Anglers Acres. He has the right to take off and land and bring people on his property. But other people that are doing that to earn an income have had to come before the City to get a permit. Even though he may not be doing the guiding himself, its a commercial enterprise operating in a residential zone and I think it should be written up. Commissioner Brown: When somebody does business outside of where their business license is, does that mean he needs another permit and used Mr. Adams as an example. Councilman Smalley: No, but Mr. Adams ,ouid need another permit if he stored all his cleaning supplies. Vice Chair Bryson: There are probably many businesses that operate in more than one location and they certainly are expected to conform to zoning in all cases. 13. ADJOURNMENT There being no further business, the meeting was adjourned. Janet: A. Loper Planning Specialist KENAI CITY COUNCIL - REGULAR MEETING MARCH 15, 1989 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Unity Trail Committee - Bike Path - Kenai/Soldotna C. PUBLIC HEARINGS 1. Ordinance 1307-89 - Increase Rev/Appns - Senior Citizen Fund - Emergency Food & Shelter - $3,575.24 2. Resolution 89-20 - Award Bid - Senior Citizen Mini -Van - Craycroft Chrysler - $16,896.17 3. Renewal of Liquor License - Rainbow Bar & Grill 4. Renewal of Liquor License - Merit Inn D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Recreation Commission 7. Planning & Zoning Commission 8. Misc. Commissions/Committees E. MINUTES 1. *Regular Meeting, March 1, 1989 F. CORRESPONDENCE G. H. I. J. 1. *Sen. Pearce - State Economic Recovery Committee 2. *Alaska Commercial Fishing & Agriculture Bank - Brochures 3. *Sen. Stevens - Bicentennial 4. *Sweet Adelines - Thanks to Mayor 5. *Rep. Ulmer - Conference of Mayors 6. *Soldotna Chamber of Commerce - Thanks, Russian Visitors OLD BUSINESS 1. Jesse Wade - Dena'Ina Pt. Estates NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1308-89 - Increase Rev/Appns - Airport Drainage Study/Safety Zones - $56,792 4. *Ordinance 1311-89 - Increase Rev/Appns - Council on Aging, Borough - Purchase Mini -Van - $16,896.17 5. *Games of Chance & Skill - Alaska Families United 6. Alaska Tourism Marketing Council - Participation by City of Kenai 7. Sale of Lots 3-A & 3-B, Baron Pk. S/D (Pizza Hut) to Dan Roberts 8. Discussion - Competitive Oil & Gas Leasing & Development - ANWR 9. Consent to Assignment - CIIAP - Office Place to Stephen J. Karakash 10. Discussion - City Boating Facility ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING - MINUTES MARCH 15, 1989 - 7:00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING A. CALL TO ORDER Mayor Williams called the meeting to order. A-1 Pledge of Allegiance A-2 Roll Call Present: Hal Smalley, Linda Swarner, John Williams, Art McComsey, Ray Measles, Chris Monfor, Maij O'Reilly Absent: None A-3 Agenda Approval A-4 Consent Agenda Mayor Williams spoke. a. Item B-2 (AAA Taxi) be added to the agenda. b. Postpone action on item C-2 (Res. 89-20) C. Back-up material for item C-3 (Rainbow Bar Liquor License) distributed this date. d. Back-up material for item G-1 (Dena'Ina Pt., Jesse Wade) distributed this date. e. Delete item H-5 (Games of Chance & Skill - Alaska Families United) from Consent Agenda. Mayor Williams noted this is a request from outside Kenai. f. Back-up material for item H-7 (Baron Pk., Dan Roberts) distributed this date. MOTION: Councilman McComsey moved, seconded by Councilwoman Swarner, to approve the agenda and the Consent Agenda as amended. Motion passed by unanimous consent. B. SCHEDULED PUBLIC COMMENT B-1 Unity Trail Committee - Bike Path - Kenai/Soldotna a. Kathy Scott, 3080 Kim-N-Ang, Kenai. The Alaska DOT&PF has scheduled a widening of Spur Hwy. Soldotna and Kenai people view this as great for the community. I asked about a bike path, none was planned or scheduled. That started the Unit-1 Trail Committee. The Unity Committee suggests we should have a comprehensive plan for bike trails. DOT&PF says if that is not in place, there is little chance of trails. I saw this as an opportunity to use for competition. It is important for communities to create things that work with tourists and visitors. Everyone wants money this year. The Legislators say there is little chance. But we don't think this will go away. We need to make sure this does not happen if there is another project. Soldotna has said KENAI CITY COUNCIL MARCH 15, 1989 PAGE 2 they want this. $50,000 support would pencil it in. If it is not built in conjunction with this, it will probably not be built. The key issues are a) Now is the time to act, if we don't act now we lose the chance of getting with the widening project. b) Many people in Kenai and Soldotna feel it is good for local interests as well as for tourism. Councilwoman Monfor. This Council will be asked to appropriate money for this? Mrs. Scott. That is not the plan. If the Legislature knew you agreed with this, that has meaning to them. That was for $50,000. Councilwoman Monfor. Our priority list is in Juneau. Mrs. Scott. We know this, this is coming from behind. The Unity Trail Committee just formed a few weeks ago. We see it as a long term project. Councilwoman Swarner. It will not be continuous between Kenai and Soldotna? Mrs. Scott. In the design Swires to Scout Lake would be water & sewer. DOT&PF says we are only thinking of 5 miles. We do not have all the answers but we need to have in the design and the support of communities. If it does not come in this project, it will be in the Legislature for future trails. b. Judy Downs, 1616 Tanaga, Kenai. I am part of a runners group. There is a lack of trails for fitness and competition. We have to limit competition, that affects families. It could be used for family use and commuting. There have been fatalities on roads, I am looking at safety. It will be used in a multi -purpose way. The number of walkers, bikers, and skiers has increased. It is late to start, but we should still consider. There is support from fitness people and from parents' groups. Councilman Smalley. Regarding cost escalation. Do they have an overall cost for 5-7 miles distribution? Mrs. Scott. $1.2 Million for 5.5 miles. I told them this was large, DOT&PF did nct answer. Councilman Smalley. $150,000 for the study. Recreation Director McGillivray. Anchorage estimates $100,000 per mile, 8 ft. wide, landscaped and compacted. Mayor Williams. Council will review. $15 Millicn in Federal moneys will be spent in 1991-92 construction period. It will be a major boost tc the economy. It will be more commerce with 4 lane highway. B-2 AAA Taxi Guy Hibbert, Kenai. I am asking the City to change the taxi ordinance. AAA Taxi is 2 companies; one in Kenai., one in Soldotna, with 2 managers. In Soldotna we run on zones. $3 in the city, but no meters. If we drop off people from Soldotna at Kenai airport, we are ticketed for not having a meter. $2,200 insurance pei- cab per year. With the economy the way it is, it is hard to keep cars up. Meters are $250 plus installation; the license is $250 for the first car, $100 after that. Some nights are $40 per night. KENAI CITY COUNCIL MARCH 15, 1989 PAGE 3 Change the law or drop the license fee. We have 3 in Soldotna and 2 back-up. I would have to license all -or call the City to change all the time. Mayor Williams. They do not require meters in Soldotna? Mr. Hibbert replied no. When we come from Soldotna into Kenai, we are being ticketed. Mayor Williams. Is there a provision to prevent them from being ticketed on that type of delivery? Atty. Rogers. No. If we open it up and allow cabs to come in without meters, it is hard to enforce for those that pick up while they are here. We just had a round in court on these meters. He (Mr. Hibbert) was hoping to get relief from the courts and that did not happen. Councilman Smalley. Is there a problem with policing of cabs delivering fares or coming through? Atty. Rogers. To clarify, we have 2 cab companies. That is part of the problem. Police Chief Ross. We started out with zone metering in Kenai. We went with this ordinance about 5 years ago. The ordinance requires licensing, insurance and meters. Meters were to eliminate arguments. If you have a charter arranged 3 hours in advance, you do not need meters. If you have the cab deliver without meters and a call is made, you will pick up with that cab. I suggest all have meters. We have let the airport have a different status but they started picking up at the bars. Councilwoman O'Reilly. How many cabs do you have in Kenai? Mr. Hibbert - 4. Councilwoman O'Reilly. Are they all metered? Answer - yes. Councilwoman O'Reilly. If a person in Soldotna is going to Kenai, would it eliminate the problem if you used a Kenai cab? Mr. Hibbert. We run cabs to the City limits. I have a problem with Kenai drivers vs Soldotna drivers. This would be better but the drivers don't like it. Council agreed to add this as a work session item. C. PUBLIC HEARINGS C-1 Ord. 1307-89 - Increase Rev/Appns - Senior Citizen Fund - Emergency Food & Shelter - $3,575.24 MOTION: Councilwoman Swarner moved, seconded by Councilman Smalley, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-2 Postpone C-3 Renewal of Liquor License - Rainbow Bar & Grill Clerk Ruotsala reported the Borough contacted her this date; the Rainbow Bar is current in taxes and reports. MOTION: r.=_r KENAI CITY COUNCIL MARCH 15, 1989 PAGE 4 Councilman McComsey moved, seconded by Councilman Smalley, to send a letter of non -objection to ABC regarding the Rainbow Bar. Councilwoman Swarner. Is there a problem with the Rainbow Bar having more calls than other bars? Police Chief Ross. A few more calls than other bars. When bars report incidents before they are fights, they are preventative. We have had good cooperation with the owners. I would not use this regarding ABC approval. Motion passed by unanimous consent. C-4 Renewal of Liquor License - Merit Inn Mayor Williams. It is still the same as last week. Council agreed to postpone to a time indefinite. D. COMMISSION\COMMITTEE REPORTS D-1 Council on Aging None D-2 Airport Commission None D-3 Economic Development Commission Mayor Williams. There was a meeting with the Harbor Commission March 9 to reach a better understanding regarding the seafood industrial park. There will be another meeting March 18. D-4 Harbor Commission Chairman Eldridge. The Coughenower fisheries report was discussed March 9. It is draft form, the final will be in about one month. There is a need for support of industry in the City. D-5 Library Commission Councilwoman Monfor reported she attended the Library conference in Homer March 11. It was good. Commissioner Emery has had 2 surgeries. The library is 40 years old. ADDED ITEM: Mayor Williams distributed the new City of Kenai pins. D-6 Recreation Commission None D-7 Planning & Zoning Commission Councilman Smalley reported the Goals & Objectives were reviewed. The Comprehensive Plan is #1. D-8 Misc. Comm/Comm None E. MINUTES KENAI CITY COUNCIL MARCH 15, 1989 PAGE 5 E-1 Regular Meeting, March 1, 1989 Approved by Consent Agenda. F. CORRESPONDENCE F-1 Sen. Pearce - State Economic Recovery Committee F-2 AK Commercial Fishing & Agriculture Bank - Brochures F-3 Sen. Stevens - Bicentennial F-4 Sweet Adelines - Thanks to Mayor F-5 Rep. Ulmer - Conference of Mayors F-6 Soldotna Chamber of Commerce - Thanks, Russian Visitoz.s Approved by Consent Agenda. G. OLD BUSINESS G-1 Jesse Wade - Dena'Ina Pt. Estates Finance Director Brown. Council agreed the City would cancel notes on all lands on all they wanted to canceL. $32,000 that could apply toward reconveyance, Wades would pay the difference between the reconveyance amount and $32,000, they could have some lots free and clear. I wrote to Wades, they said they want us to take a new note for the difference between reconveyance and $32,000. I told Wades that was unacceptable to me. I recommend Council reject this and state the original offer is the only one. I think he will accept. Atty. Rogers agreed with Finance Director Brown. Council agreed and requested Finance Director Brown notify Mr. Wade. MOTION: Councilwoman Monfor moved, seconded by Councilwoman O'Reilly, to reject Mr. Wade's counter offer proposed tonight and the Feb. 15 offer still stands. Motion passed by unanimous consent. H. NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Monfor moved, seconded by Councilman McComsey, to approve the bills as submitted. Motion passed by unanimous consent. H-2 Requisitions Exceeding $1,000 Mayor Williams. Most of this is for the dock facility. This money is left over from the original fund balance, about $37,000. Finance Director Brown. A few years ago when moneys were appropriated, they had the grant. plus $100,000, plus general fund moneys. They spent the grant money first. $38,000 was left in the general fund moneys, but was set aside for this. Councilwoman Swarner. Is item H-10 other items they want or are they duplicate? Engineer Lashot. They are the same items. MOTION: Councilwoman Swarner moved, seconded by Councilman Smalley, to approve the requisitions as submitted. 4P--_ 4 KENAI CITY COUNCIL MARCH 15, 1989 PAGE 6 Motion passed by unanimous consent. H-3 Ord. 1308-89 - Increase Rev/Appns - Airport Drainage Study/Safety Zones - $56,792 H-4 Ord. 1311-89 - Increase Rev/Appns - Council on Aging, Borough - Purchase Mini -Van - $16,896.17 Approved by Consent Agenda. H-5 Games of Chance & Skill - Alaska Families United Mayor Williams. This was removed from the Consent Agenda. There is considerable discussion at the Borough and Soldotna regarding pull tabs. This is ar. Anchorage address. Councilwoman Swarner. Do we have. any more information on this? Clerk Ruotsala. This Is the 3rd time they have brought this to Council, there have been problems with the paperwork. Councilwoman Monfor. We know nothing about this organization and what the organization is for. I world like to see this addressed at the Borough first. I feel the money from pull tabs should be kept in the City. Councilwoman O'Reilly. The purpose of the group is to work against child abuse. Councilwoman Monfor. They need to report to Council regarding this. Mayor Williams. AK Dept. of Revenue has given pull tabs and games of chance & skill, etc. new rules. They are allowing this to be done in a big way. They could gross much money. The Borough has taken a hard look at pull tabs, but has allowed communities to deal with this as they choose. Kenai can override any Borough ordinance. We could issue a letter of non -objection and it could go unnoticed and they could be issued a license. They could go under State law and we have r,o law to prevent this. I agree we should wait till the Borough law evolves. Council should look at making an ordinance of our own. Councilman McComsey. Why did they bring this to us if they are already here? Mayor Williams. It is a courtesy, such as liquor licenses. Councilwoman Swarner. Would a letter of objection do any good? Atty. Rogers. I don't know. I would not like to see a local vs nonlocal issue. Councilwoman O'Reilly. If this is legal according to state law, can municipalities pass an ordinance that negates it? Atty. Rogers. I think they can. I think there is local option, the same as liquor licenses. Even local pull tabs take money out of the community. Councilwoman Monfor. It would be best to wait till o.+e see what happens at the Borough level. Then have an ordinance. Atty. Rogers. I would like to monitor the other ordinances. Mayor Williams. This is a renewa:, but it has to be in all communities now. Council agreed to take no action. Mayor Williams. There were over 1,000 issued last year and it will exceed that this year. H-6 Alaska Tourism Marketing Council - Participation by City of Kenai KENAI CITY COUNCIL MARCH 15, 1989 PAGE 7 Kathy Scott, Soldotna Chamber of Commerce. I was appointed by the Governor to the Council. I have been reporting to the cities and the area. When we did the by-laws (we have had 4 meetings) I was adamant we provide a vehicle for committees involved with the marketing council. The marketing council is generic for the whole state. But they will have to come to the local levels to understand the uniqueness and diversity of the city and the area. The committees are: Public Relations Collateral (Information material) Advertising/Media (This would be important for the Bicentennial) Winter (Recognition of activities) Research International, Budget & Audit (newly formed) Over -All Planning (The chairman of all committees) Councilwoman Monfor. It would be appropriate to approach the Visitors & Convention Bd. to get someone from there, and one from the Chamber of Commerce before we go to staff or Council. Mrs. Scott. We have approached the Visitors & Convention Bd. Mayor Williams. I would urge you to keep a line of communications with the Chamber of Commerce during their restructuring. H-7 Sale of Lots 3-A & 3-B, Baron Pk. S/D (Pizza Hut) to Dan Roberts Finance Director Brown. Mr. Roberts leases these lots. It has been in the mill for 6 months. He wants to bu,,r them. There is a 1st mortgage on the property, he expects that we would take 2nd position. The City Code has for a long time allowed 2nd position if there is enough security. There is enough security but I do not recommend this. Councilman Measles. The 2nd position is on the building, not the land? Mr. Brown. The 1st mortgage is on the lot where the building sits. Admin. Asst. Howard. He leases 2 lots from us, one has Pizza Hut on it. There is a $95,000 mortgage on the building. He is leasing the land. Mr. Brown. The title company says we will be in 2nd position on the loan. We could! be on 1st position on the lot without the building. The 1st mortgage may be on the lot with building. We could investigate this. Atty. Rogers. There is a real problem with converting from lease to sale. It has been litigated. There are, 2 notes. The best way to do this is to require a subordinate agreement with the building. Make sure you are in 1st position. Councilman Measles. Disregarding the lot without the building, what difference is there. between leasing and selling? Atty. Rogers. By leasing, the bank steps into the shoes of the lessee and has to make payments. On sale, if there is a foreclosure, the bank would foreclose our position as well and we would have to redeem by paying off the building. In order to ensure against that, as a condition of sale, the bank goes 2nd or you do not sell. Mayor Williams. The bank is not favorable to 2nd position. We have had 2nd position headaches with others. MOTION: r--i A KENAI CITY COUNCIL MARCH 15, 1989 PAGE 8 Councilwoman Monfor moved, seconded by Councilwoman Swarner, to tell Dan Roberts we are sorry but it is not acceptable to this Council. Councilwoman Monfor. He can pay off the land. But I do not want us to be 2nd. Councilman Smalley. What disadvantage would it be to the City to go the 2 note route? Mr. Brown. Whatever Mr. Roberts or the title company can come up with would be acceptable to us if we are in 1st position. Motion passed unanimously by roll call vote. H-8 Disc. - Competitive Oil & Gas Leasing & Development - ANWR Mayor Williams. It is too late to do anything on this. H-9 Consent to Assignment - CIIAP - Office Place to Stephen J. Karakash Atty. Rogers. We have no objection. They are current:.. Part of the problem is there was no consent to assignment in the past. They had an assignment and did not tell us. MOTION: Councilman McComsey moved, seconded by Councilman Measles, to accept the assignment of lease. Motion passed by unanimous consent. H-10 Disc. - City Boating Facility Mayor Williams. This relates to item H-2, it has been taken care of. I. ADMINISTRATION REPORTS I-1 Mayor Mayor Williams spoke. a. There will be a meeting March 18 at City Hall at 9:00 AM, for about one hour, relating to fisheries development. Economic Development Comm., Harbor Comm., Legislators, Council, Chamber of Commerce and fish processors will attend. Light refreshments will be served. b. The fire training school was discussed at the teleconference this date. C. The parking lot at the dock facility. Public Works is hopeful they can award the contract in April. The cost will exceed the $85,000 Borougt. participation. (The sand transfer from the dump site to the dock facility) There is more work that is required. It may run as high as $195,000. Council had set aside money. We need $110,000 we did not anticipate. The Corps of Engineers say.,= this is the last permit we are getting, this is the only land we have available. we are sorely in need of land at the dock facility. It is mandatory that we continue development. We are producing 3-1/2 acres additional land for this. It is prime, usable, waterfront land presently not available. KENAI CITY COUNCIL MARCH 15, 1989 PAGE 9 Councilman McComsey. Are we going to bill them to move the sand or can they furnish it? The sand is good other places than the dock. Mayor Williams. We have the right to the sand. We suspect the low bidder may not use 30,000 yds. We still retain the right to 30,000 yds. of sand. what are we paying for sand? Engineer LaShot. About $1.75 per yd. Mayor Williams. There is about $50,000 worth of sand. d. The EDA grant application for the cold storage facility. We may want to resubmit on 50-50 basis for development of water, sewer, roads. It can be matched with City or State funds. e. The Jim Bookey request for land lease, Gusty S/E. (Item I-1, distributed this date), behind the Chamber of Commerce cabin. He would like to swap as shown. The problems are FAA may not want the swap, it will require appraisals. The purpose is to expand the motor home park. Admin. Asst. Howard. He will expand from 20 to 50 spaces. Councilwoman Monfor. This is the land the Bicentennial Comm. was looking at. Council agreed: a) Admin. Asst. Howard will review the request with FAA, will both pieces have to be appraised and can we transfer. b) Councilwoman Monfor will take to the Visitors & Convention Bd. c) Recreation Director McGillivray will take to the Recreation Comm. f. The Boy Scout troop is going to speak later this date regarding a place to meet. g. I had a talk with Atty. Rogers regarding RFP's on the airport restaurant, gift shop and bar. They are so restrictive we may not be giving small businesses a chance to operate. I would like to have Council review the contracts. They give ultimate protection but make it tough for small businessmen to make a success. Examples: excess bonding, type of merchandise, hours for the bar relative to State liquor laws. One person came to the pre -bid. Airport Manager Ernst. The implication is that one person came because of restrictions. There were only one or 2 for all specs. Mayor Williams. There were 5 packets picked up. Airport Manager Ernst. 2 for the bar, 1 for the restaurant, 2 for the gift shop. Mayor Williams. Only one came to the pre -bid. Airport:: Manager Ernst. 1 of each was the same person. Mayor Williams. I would urge Council to review. I felt them restrictive. If a person is burdened, business -wise or financial, it is not good for the City. We have time to withdraw. There is at least one month delay. I-2 City Manager None I-3 Attorney Atty. Rogers spoke. V---._.a KENAI CITY COUNCIL MARCH 15, 1989 PAGE 10 a. I take issue with what Mayor Williams said. (Regarding airport bids) I would rather have tight contracts and have Council loosen up. b. On March 30 I will be in Juneau for AML. Mayor Williams. You will be there with the Alaska Conference of Mayors meetings. I-4 Clerk Clerk Ruotsala. I attended the Alaska Clerks Conference in Fairbanks on March 14 and will have a report at the April 5 meeting. Deputy Clerk Loper attended the whole week, she will have a report also. Councilwoman Monfor. Did the Clerks Assn. have the money to pay the cost? Answer - no. I-5 Finance Director Finance Director Brown. The budget has been given to City Manager Brighton. It will be at the April 5 meeting. It will take 3 to 3-1/2 weeks to review. Council agreed to schedule the 1st budget work session April 12 at the library at 7:00 PM. I-6 Public Works Director Engineer LaShot reported Public Works Director Kornells has had foot surgery and will be back in a couple of weeks. I-7 Airport Manager Airport Manager Ernst spoke. a. FAA approval has been received on the airport drainage study. b. The asbestos problem at the airport terminal has been solved. But there is another problem. The asbestos contractor has torn up carpet he was not authorized to remove. We were not allowed in the work area. The carpet was taken up and the hole is impossible to match. The asbestos people will have to re -carpet a large area at their expense. Councilman Smalley. Will they lift up and find more asbestos? Airport Manager Ernst. I would hope not. Councilwoman O'Reilly. Did they give any explanation? Airport Manager Ernst. The foreman said the boss told him to take it up. Councilman Measles. Was carpet laid over tile? Airport Manager Ernst. I do not know. Mayor Williams. The letter from Architect Gintoli (distributed this date) is regarding the asbestos only. Council took no action. J. DISCUSSION J-1 Citizens a. Bill Nelson. I support the Unity Trail. Not only for safety but for something to do for people who visit Kenai. Kenai has been very interested in upgrading of the Spur Hwy., perhaps more than Soldotna. Soldotna has come out in support of the trail. It would behoove Kenai to support this. KENAI CITY COUNCIL MARCH 15, 1989 PAGE 11 b. Jerry Wasson, Boy Scout Troop 357. Troop 357 has been in Kenai almost 25 years. They need a place to build a building. We were looking for something, not on the main street, perhaps on back lands, that the Scouts could use for their functions. Perhaps near the park. They could trade work for use. I am not the official spokesman for the Boy Scouts. There is a district here now, Bill Musson is chairman. It may be larger than just the Boy Scouts, it could be a youth house. I am also here to speak on behalf of the bike trail. If you have any suggestions, let us know. Mayor Williams. I explained the problem regarding the land at the ball parks. If we end up being owners, they could build on one or the other side of the ravine. It would be their responsibility to keep it clean. Councilman McComsey. What about by the Oilers ball park and the golf course? Mayor Williams. We have land over there. Councilman McComsey. There is a walking trail there. Mayor Williams. We could look at that also. Councilman McComsey. The Boy Scouts helped Anchorage Boy Scouts build their house, they would help here also. Mayor Williams. Would the City let out old buildings for bid? Atty. Rogers. We may have to. No action taken by Council. J-2 Council a. Councilman Smalley. We have had members of City come to Council regarding the need for lighting in the City. Part has been implemented. The City should take a serious look at putting lights in areas. There are real problems in the City where there is no lighting. I would like to take a look at the survey. No action taken by Council. b. Councilwoman O'Reilly. I came back to Kenai after a trip outside and saw the art work at the airport. It is good. C. Councilman Smalley. Is there a report on painting the back of the Welcome to Kenai sign? Councilwoman O'Reilly. It might work but there is an angle. d. Councilman McComsey. Could Administration speak to the State regarding the striping of the streets, right after the sweeping? Councilman McComsey. The Peninsula Caucus meeting is March 17. There will be a discussion on resolutions. He asked for Council policy: C&RA use same options for taxpayer notification for excees municipal assistance as required for State revenue sharing. Council - maybe. 4p-:--j KENAI CITY COUNCIL MARCH 15, 1989 PAGE 12 2. DOE allow cigarette tax to be accounted for under central treasury concept. Council - yes. 3. Full funding of fish tax revenue sharing. Council - yes. 4. Revision of collection rates by DMV. Council - maybe. 5. Exemption of municipalities from payment of interest on retainage on construction contracts. Council - yes. 6. Provide municipalities, before 6-30-89, a written benefit plan for State health & life insurance plans. Council - yes. (2) Finance Director Brown. The tax is to the central treasury in one bank account instead of separate accounts. Mayor Williams. If they sidetrack to specific areas, no. To the general treasury, yes. f. Councilwoman Swarner. Thanks to Admin. Asst. Howard for the report. g. Police Chief Ross. March 25 is the Policemens/Firemens Ball. K. ADJOURNMENT Meeting adjourned at 9:45 PM. l�Janet Ruotsala, CMC City Clerk CITY OF KENAI Capdai 4 4�"� if 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 TO: Mayor J. Williams and Members of Kenai City Council FROM: Kim Howard, Administrative Assistant DATE: March 28, 1989 RE: Former Dairy Queen Lease Facility On March 20 at 2:00 the City Administration received one bid to lease the Former Dairy Queen Lease Facility. The bid was submitted by Pete and Valerie Ischi and the one-time premium offered was $100.00. Mr. Ischi indicated that they would be operating the business as a Dairy Queen and they are currently the owners of the Soldotna Dairy Queen. I forwarded the bid documents to the Legal Department for their review and have attached them to this memorandum for your information at the City Attorney's request. At the pre -bid conference on March 17, two potential bidders attended and a third arrived just after the meeting ended. All three potential bidders were given a tour of the facility, and the facility was available for viewing between the hours of 11:00 and 3:00 on that day. Ten persons had picked up the request for proposals. /kh Timothy J. Rogers City AttO—V CITY of KENAI 210 F,,Iatpo Kenai, Alaska 9%11 i att i� City of Kenai i 210 Fidalgo Street 'i Kenai, Alaska 99611 _,ent__ ,men: `h? _na, .-s .:7nec �e.rson, partnership, joint venture, _ p^ration;, .ereinazter cailea the 8idaer, nereby o==ers to --n-.er -r:to, . .,es,-11rant Lease agreement coveryna certain rlgnts anc cn _anus wltz-n the Iity oz Kenai. In connection a-1_ 7-1 ot_ --r -na -_n addJ.tion to awl terms oz the oronosea oL=-:rs to pay tiie LolioSJing one-time premiu:,; �i. ii i/'..� i✓tea/_�Zri:�U �Z `/�!-'f /��"�I.: �� L'i.✓���/' , 1 i 'ii:ls 7i=c liilu .Ona-"Orls the I, Invitation = bias :,a r:a the Instructions to _lacer's ci 1G ;:GAL' _`cTl I,ccZse igr'; ement-ssue(l Loy a the City s dart of t`.ie offering ' r .e sub;ect property. Attac ?ed .ier .to and ice ,A _part = -.slis otter are the ioliowi.,c3: 1. A co:-o-i eted, signea, and notarizea Bidaer's Affidavit (BA -;_ t0 �a-2) . 2. A completed anti signea :31c:aer's ouestivnnaire (BO-1_ to BO-; ) . 3. A -d eposit in '-_ie amount of ''2,000.00 in the following form: a. certi.zi ci �,r cashier's checx on a solvent financial institu�ion doing business within the State cf Alaslca, }3P-1 283 3au 1 FAX 2813014 BIDDER'S AFFIDAVIT oeing `first duly sworn deposes one says. i i. The Affiant !as Bidder or as representative or officer of bidder) nas carefully examined all documents relating to the Lease; I i:. 7he Bidder ac;nowledges that all the documents and I statements submitted with the Bid Proposal become - the property of the City when received by the City ! and become public information once the bid I proposal is opened; _72s sinPr_000sai filed 3erewitn is not :made in Lhe _ =s- or or on cena iz or any unaisciosed _ ss , aarnnersnio, company, association, __,_..,nation, or corporation, j! 17. Cie sin _ w -nuine ana not coliusive or a sham; __ s 3i naer nas cot, airectiy or indirectly, c so,__cirea any ocher :oidder to put in a tease or snam application ana nas not directly Dr r?CT-y co&_-aeu, conspired, connived, or pr4,w wit: any jiauar or anyone else to put in a � E::az &iu . - oposs, wr L nac anyone snaii retrain i' Ti. The 3ialer ._as nuc n any manner, directly or i.ndirectly,.sougnt by iaase agreement, I co7munication, or ion _erence with anyone to tix the price of the bidder or of any other bidder, or `o tin any overneau, pror:it, or cost element of suck wid price or nnat of any ozner bidder, or to secure any advantage against the City of Kenai or anyone interested in the proposed Restaurant Lease agreement; vII. All statements contained in the oid proposal ano supporting documents are trice; and specifically with respect to the information set forth in the 3idder's Questionnaire submitted herewith, all in ormation and data set forth therein is compiate and current, and ali businesses set forth in response to question number 6 actually generate:x annual gross sales in excess of $250,000.00 for each year set forth. Imothy J. Aogers C.IY AIT--n y CITY OF KENAI BA-1 2M A"mo K"N Ak"a 99611 283 3441 FAX 29171114 v l=. TVa Bidder Aas 7ci, directly or indirectly, submitt:ad ` is o- C' i __ce or any or eakdown thereof or Ote contonts _moot , or divulged informati " n i or dates 'slat_ v `tareto, or paid or agreed t:i ay airectly or _nairactly, any .~coney or other valuable co^sidarscian for assistance or aid rendered or to be rendered in procuring or attempting t.o orocore the lease agreement above referred to, to any corporation, partnership, company, association, organization, or to any member or agent thereof, or to any other i in.di vidua i ; II IX. The Bidder will not nay or agree to pay, directly j or indirectly, any money or other valuable consideration to any corporation, partnership, company, association, organization, or to any --nmaer or agenn iner4or, or `c any ether _nui iduays for air nr assistance in securing the _-_:.se =.greement. Aoove reTerrea to In the event the s5me is awaraea Leo rile Siaaer; ;lacer is vot _n 3rrears in any payments owing rc t^e _10y nor is no in cietauit of any obligation tc: tne City; :or is ne a aeiauiter as surery or ocnerwise upon any onligation to the nor _gas no _._,iiou o perform iaitntully ana .___ i enti;l -illy _ r ='virus contract with the City - Signed at day of 1 Title ca this s` SUBSCRIBED and SWORN to before me—��—'�.—G-l''i�«lei a Notary Public in and for> the State of on this _) day of 198 2 i :rotary Nubiic in and %or the State of th�'g A-,t i Iiy Commission Expires: TimothyJ. R tigers Crty Afinmey CITYOF KENAI BA NOFMa"o i K"aL AMSka TM 1 293 Jul FAX 283 3.1a �1Ls' Oi '.coal - m`le 3 LCCcr :erebv i^ tt- _'.1_ t t n mTM 3t21" n -i 5 tt o c as l st Cheri, 2di -1cu O^,enincr end to .i0 d the orc!ceeds thereoL ,nti_ i _ �r� ;nw ?Qr2eS tllz': :,c? 1. ._.tv snail �iave a::C _SS "_o t: a :)oo�<s ,--ecorris and tax ' etur'_1s of the � - e ^,rpose of --erity--na all representations made by i'dder -_-i connec ion fait;~ *h-.s did Uronosai. Bidder furtZer aqre-ys t :at ar y such investigation or audit z�,ertormed by the Citv sria�_ be at y ?%pense of the 7 _cider. 4. Within fifteen (15) calendar days after receipt of notice and acceptance of offer by the City of Kenai, the Bidder will execute and deliver the Lease agreement, together with t:tie required Guarantee Advance and security deposit and one-time re-11_W1 ana an•.= and insurance certificates to: 1''idaiao Street, iienai , 221c e _,.� zavance xiii be the lease Guarantee .'.io �) _ (a .�.ont._S Ot hi.. _r nL: 3CL Tamerm an' 7: Ci':l Ot a ._crti2lea Ur c3S:11 r S :aC:_ _T_3 a 40__ = j_:3ncIa1 _... LiLl1.t1Gn ao1ng ouslness in tr'.�3 t.at e of ;ia t i c 1'1C? S �L.:.., z - lr, c' )v -:'.0 3 -dder tnat failure to exE Cute an'a r r-u -.19 Li:c - ` inz _c,?sC aGreement, Loget:ler w1Ln ail. snail constitute a ore<icn of as ctt,E_ ;__.._ err _ ._: nluder; ana tnat lipori such r:. a co sna-� e once .r:ec to tte sty .3 --,1 c:_e �xecutiori ana _.iuer I nis Lease afire, -mint. Th:is offer_ .. ay z_� -_ _ _ j <.tea by t ,e City o Kenai ;:v written ,rot a ce - _ - ,.. :::ter :t aadress sLaLa(_, oil rage 32-2, i� Sincerely, i MOR IOIZATE SEAL) r� Name of Bidding Carperation, _-- Company, ors?erso:_ Signature By i !i I �I ,mofhy J. Rogers City Alln,"V CIrYOFKENAI� BP-- 210F,AaIQo .(-a, Alaska 99611 �I 283 344' FA. 2,', 70,4 i Timothy J. Rogers COY Afto.v CITY OF KENAI 210 F"lal" Konal. AlaSka 9g611 '. n d v J- 3 COR-PORATE-ACKNOWLEDGMENT: STATE OR ALASKA ? } SS. THIRD JUDICIAL DISTRICT ) THIS T9S TO CERTIv Y that on this day of ]_93/ berore me, the unaersianed, a Notary L� J , a ` 72 :' t? r,rc71 ?Sr .3 au,,117 co: �,misslonea ana sLTorn, )ers: _a __v arjpegr. _-a mown of ^_e corooraLlon wnic:n ,,xeclitea tnl:': Eore;.i):Lnu 1nStr'.i ent, .-iriC e aci>now-Ledaea to me that exeCllL2a t,1c Same -or ana on enai� or saia cornoraticn, and r.hac t,,e 1s :l:":_:OY e1 �.)v Sala corporation so to Qo; and t_'iaz the coroor3zt� s=ai az,:.:zea to Sala instrument is the corporate saai of Sdiv _:Or )Orc't yJil. :.avr= ,,ereunto ser :y land and affixed my offic _ai i1 i`T v cii cit`O�li= :tiritten. :��a,_v �lilJlic 1..1 anr. __or �lasxa. Y co -mission E:{pir__S : INDIVIDUAL zC: :C.;1, 1 STATE. OF ALASK,�, ss. THIRD JUDICIAL LSTRLC� ) THIS S TO C.::'.'r:: Y that on this v day of �u _93/ . before me, the undersigned, a Notary Public in and for the State oz,;,I sxa// duly commissioned and sworn, persona-'_y appeared y' /tip known to me and to me know to be the person(s) named herein ana who executed the toregoinq instrument, ind (he, she, they) acknowledged to me ~hat (he, she, they) signed the same as (his, her, their) free and voluntary act and deed with full knowledge of its contents, for the uses and purposes therein mentioned. 3p_3 2033441 FAX 2R3 3U14 timothy I Rogers CRV Alto-PV CITYOF KENAI 2W Q%qo AM Ju t FAX 2A3 iota !.. UIT7ESS 7 E? E _ , 1 have hereunto sec . y `sand and affixed ny offici ai seA, l4a gay and year above writtan. notary ;'t_ b lc in ana tar nlcisxn . Ay Commission Expires: tA; j _ BP-4 Timothy J. Rogers C.tv Atlonlev CITY OF KENAI 210 Foa+qo Kenai. Alasha99611 28334.1 FAX 283 301 A 1 i i 1 :?1il K :?aii?Y nU_ '7 T I J AS !'ACILIT`.•' BID OUESTIONNAIRE All inf rma-ion requested in this Questionnaire must be .turnishE-d by --ne c37.c c1er, anti :rust be slzbmitt _d w:i-th t ,fte 3i d Proposal.. Statements -..ust be complete and accurate and be presented in the ror`r, ues ed. Or1, ssions , inaccuracies. or .misstatements in art 3idder's Questionnaire may, at the discretion of the City, be grounds for rejection of the bid proposal. 1. dame of the Bidder exactly as it is to appear on the '? sr.aurant Lease agreement: Pete and "alerie Ischi _ ,.caress )L Lile 31Quer roe co.ntracr, .� lnis �r�,rion _jurooses: 60i+ Laur-e.L Drive Kenai, _Alaska 99611 3. rag, ��iLends to cperace the ___�y. _._�ci.L venture n raLion �tw.y cQ i a r :ner--,I 4. If ^e 3i.:car _,rat-_ pre-mises a5 .a partn�_rsnip cr Joinr. venture, attach a copy of the partnersn-tp :,)r joint venture agreement and answer the following questions: a. dare, TIai1-_..g Address, rind snare of each partner or joint venturer: i I iJarmF? Address Share BQ-1 I Imothy J. Rogers c:sty A110rnev CITY OF KENAI 210 Ffdaigo X-Mal. Alaska 99611 2833441 FAX 283 31114 a`a of i�rcaniza __o= -aent recc a.: -t. oroucr:l/ Coiinty/,ruaiciai District 1 �I I � 1 Matt z ;date I partnership, or Joint venture is registered i :aith the State of Alasicas. Department of Commerce, state date of registration: 5. If the Bidder will operate the facility as a , ccrcoration, answer the tollowing: i `A3:e-_ncornorated: ; - : -.-.aat stater i c-noration is registerea Haiti cite state of Department or Commerce to do ous>_ness in `'.e Mate of Alaska s. state the aate or _..,�stration: "`.c , all lIiy acciress , a count of stacx heid -oer mill ='yc i , a n a e:rper.ce -,a the reta2.i .i :; Ss ).E the io1-o"^Tyng <.=-peratc offa.cars I -Ina 3oara O" members. CC) R12ORA1"i S 2S-c:c?nL: lame ri dr2S5 Stoc;c: Experience: BQ-2 a n e r SS t c 1: Secretary: Name AddrBess : 1- e rl c e A cc__ -I-, s s 3 t C c:< BOARD OF DIREC70aS C h a i. r r, a n .aine: Address: S toc!-': Timothy J Rogers C,ly Allri-py CITY OF KENAI 210F,dalao Kenai, Alaska 9% 11 II 283 3A41 FAX 2113 3014 BQ-3 i {y Timothy J. Rogers C.ly Alin—y CITY OF KENAI 210 F,ealno Kenn, Alaska 9%11 283 ]U 1 FAX 29171114 -„ 1: = Ce . i3C..i e s s Stoc:N,: Experience: haaress: Stock: 'Yaer1�ncE: Mercer: I1ame Address: Stock. SO-4 Timothy J. Rogers Gtv Attnmey CITY OF KENAI 210 F,nalao KMal. Alaska 9%11 283 3aa1 FAX 293 3U 14 i i� =i7 TY (S ) 'Tame Address: Interest and Position with Corporation: I' n.. - ass . ln` rest ana Position wit:1 -'orooration: =>.ddr:iss In -.erect ana Position with Corporation: 1 d. List the ten (10) stockholders owning the largest: amount of stock in the corporation k2xcludinq corporate otticers and members of the Board of i Directors already listed under Question No. 5(c) abovo). Indicate name, mailing address, and number and type of shares held. BQ-5 Timothy J. Rogers City Attorley CITY OF KENAI 210 F,Baioo K-nat, Alaska 99611 7833441 FAX 2813014 l..dr e s s : aa,-ess -..., , . 6.. Attach a dascr:.otlon of tna ousinesses wnicn the birder has operated since January 1, 1975. List only thosE' businesses wnich generated gross sales in excess of $'250,000.00 per calendar year. The description must include the following information for each listed: a. Business aane. b. Location - Street address, city and state (country, if not located in the USA). C. The calendar yaars during which the business generated annual gross sales exceeding $250,000.00. BQ-h -,.a 1 ig ss , --lerhone nu-nber, and conta., t ')varn;ment agents, CPA tirm, t-..Ceoenaent so!.rce (s) that can contirm _urni shed by -he bidder _es,=sl_ *_Lis -est:on No. e. 7. inancia!_-enc s: kttac'-1 a !-ist of at least two ar.:cs or other `inane _:a1 institutions with which the oicaer rani i.ar y rioes business. incluae natle anti aa--';r ess cf -"e ban!,s or institutions as well as t:7e r?w `2, cJ iC,ne n1j:rDer )r an -Lr, Cyr (Ji each wll0 C-3n v=_IZ'Y _ ne -- iaaer's _inanciai stanaing. 8. The bidder offers and agrees that the City shall have unrestricted access to the books, records and tax i `'ie r!idder for the purpose of verifying ail maae cv - -�e 3idaer in connection with -lQrees znat any sU::h . c a.ua� c ��r:^.eG �`_7 -T?e C itv s!:a1_ be - I The uraersignea _ eov 7ot�ca Lor `,, _-.ruzft and accuracy of aii )f the stace:-:enLs, s:aars, ana renresentations _naae in triis questic. na«e, ii:ci Dui ?ll su-Dpi2_r.enzary statements attached hereto. 'S:l J '�;r Jl01_1-1t `7,=nT. irk d11 vent,,:re must sign' �t a-':'drC vi c C:lllY auz:'Gc c4 _ c�ci:_ i r_ S S1Lil lent DATE: Timothy J. Rogers :I C,ty A110110v CITY of KENAI 210 F,eaido Kenai AIOSka99611 283 3441 F*x 2n.vila UQ— / '1'7_tie Title Title ritle ,,Tarc:h ?0, 1989 6 (a) Soldotna Dairy Queen (b) 44669 Sterling Hwv Soldotna, AK 99669 (c) April 23, 1987 through :March 20, 1989 W K.obler, Obendorf � Associates 189 South Einklev So dotna, AK 99669 (a) First National. Bank of Anchorage P. 3. Box -�070 Kenai, rah 99611 Branch ]anasger: Darin Bond (b) National Bank of Alaska Kenai, AK 99611 19 427394 `1'he First National Dank 89 B9 „2S2 of Anchof:ige M IYCh 20 _ 19-- t�t:i�,+�, ALASKA Peter Ischi � 1 l- — ---* - I,�l �,Imf hul, I� �.. **2000 00* - -- --- l;l,i<cu.��tR i .h.U.J'i.��;.�..�.+�I►�nn I �_� .�u � u.�Ywu _ �qUl !:_ v1hu � ! -- PAY TO THE ORDER 0 OF I,�AT*** * * *CITY .. �.--------5^ Al-7IIUR(/FU tilt tiAll lit - CASHIER'S CHECK III L94 2739�,11■ 1: L 25 2000GO: 0 L44 0140 311' KENAI BRA,NCII r- INFO ITEMS APRIL 5, 1989 1. Kenai Borough Minutes - February 21, 1989 2. Resource Development Council - March 1989 3. TO DO List - March 21, 1989 4. Comm/Comm Application - Gary Ervin 5. Kenai Borough Agenda - March 21, 1989 6. Kenai Borough EDD Agenda - March 23, 1989 7. TO DO List - March 15, 1989 8. Community Development Forum - Introduction 9. Comm/Comm Application - Tom Thibodeau 10. Public Works Director Kornelis Memo - OSHA Inspection, Public Works Bldgs. 11. Public Works Director Kornelis Letter to DOT - Street Sweeping & Road Striping 12. Kenai Borough Agenda - April 4, 1989 13. Liquor License Renewal Protest - Merit Inn 14. Billing - Airport Terminal Renovation - G&S Const. - $60,190 15. Transfer of Funds Under $1,000 - March 1989 16. Pull Tab Activity - Parents United Inc. 17. Pull Tab Activity - Lottery Alaska 18. Pull Tab Activity - Alaska Coalition to Prevent Shoplifting 19. Homer Celebration - March 31, April 1 & 2, 1989 20. Wm. Nelson & Assoc. - Request to Reduce Liability Coverage jr G� March 31, '.989 To: Mayor ,John Williams and the Kenai City Council Attached is a proposal for a temporary food concession at the Kenai Airport that we are submitting for your consideration. In our public presentation at the April 5 City Council meeting we will ornv ;=e �,ou w-i.th additional information, however, this shoii _d vou. an idea of what we have in mind. We thana� you very much for gi.vi_nq me the opportunity to present;. *his idea. Sincere!y, Sherry =nt�es Sandra PROPOSAL We propose to provide a small select food concession in the Kenai Municipal Airport on a temporary basis during the peak tourist season from June 1 to August 31. We feel the glassed -in area formerly occupied by Penny's Travel would be the best and most visible location for this type of busines. We have met with the helpful people at the D.E.C. and have been assured we will be able to meet the sanitation re-quirements of a food processor. Ail food sold at our concession will be prepared and prepackaged in a D.E.C. approved kitchen and trans- ported to the airport where it will be refridgerated at the re- quired temperature until. sold. Because food will arrive pre- packaged we will not be required to have running water in the work area. 'We will supply all equipment, storage, and a counter necessary to conduct business. Since the business will be temporary, all will be portable. We will clear and clean the area at the end of our lease. Our targeted market will be busy people on the go or awaiting the arrival of visitors confined to a specific location ... the airport. The marketplace is removed from other food -providing businesses and would therefore not have an adverse effect on food services in the local area. There are no businesses of this type in the immediate area. Our menu will be limited and will not duplicate anything sold in the existing vending machines. A variety of beverages, sandwiches, and a small selection of other prepackaged foods will be available for purchase. A microwave will be used for heating PROPOSAL k3 r We propose to provide a small select food concession in the Kenai Municipal Airport on a temporary basis during the peak tourist season from June 1 to August 31. We feel the glassed -in area formerly occupied by Penny's Travel would be the best and most visible location for this type of busines. We have met with the helpful people at the D.E.C. and have been assured we will be able to meet the sanitation re-quirements of a food processor. All food sold at our concession will be prepared and prepackaged in a D.E.C. approved kitchen and trans- ported to the airport where it will be refridgerated at the re- quired temperature until sold. Because food will arrive pre- packaged we will not be required to have running water in the work area. We will supply all equipment, storage, and a counter necessary to conduct business. Since the business will be temporary, all will be portable. We will clear and clean the area at the end of our lease. Our targeted market will be busy people on the go or awaiting the arrival of visitors confined to a specific location...the airport. The marketplace is removed from other food -providing businesses and would therefore not have an adverse effect on food services in the local area. There are no businesses of this type in the immediate area. Our menu will be limited and will not duDlicate anything sold in the existing vending machines. A variety of beverages, sandwiches, and a small selection of other prepackaged foods will be available for purchase. A microwave will be used for heating INSTALLATION AGREEMENT, SUBDIVISION IMPROVEMENTS INLET VIEW SUBDIVISION, THIRD ADDITION, PART II 1. This document constitutes the agreement between the City of Kenai, 210 Fidalgo Street, Kenai, Alaska 99611, Telephone (907) 283-7535, hereinafter called the "City", and Jess L. Hall and Clint D. Hall, P.O. Box 651, Kenai, Alaska 99611, Telephone (907) 2B3-4659, hereinafter called the "Developer"; for the installation by the Develooer of subdivision improvements required by the ordinances of the City of Kenai in connection with the development of the Inlet View Subdivision, Third Addition, Part II „ said Inlet View Subdivision, Third Addition, Part II, being hereinafter called the "Subdivision", and such imorovements to be installed by the Develooer beina hereinafter called the "Improvements". 2. The developer shall make and pay for the improvements. 3. In order to guarantee the performance of the oblioations of the developer under this contract ana in conrormity with the ordinances of the City, the deveiooer snail deliver to the City, before the execution of this contract oy the City, a First Deed of Trust in the amount of i42,000 an Inlet View Subdivision, Third .addition, Part II. The estimated construction costs of the improvements ana of the extensions are attacned 'hereto ana mane a part hereor. Upon certification of completion of the "improvement" work as herein describes to the satisfaction of the City of Kenai Public Works Director or City Engineer, the City of Kenai will execute a release and request for reconveyance as to the aforementioned Deed of Trust. 4. For and in consideration of the receipt of the First Deed of •Trust and the execution of this Installation Agreement, the City shall approve and execute the final plat of the Inlet View Subdivision, Third Addition, Part II. 5. Attachments as enumerated below are attached hereto and specifically incorporated herein: a. Deed of Trust b. Improvements - Estimated Construction Cost C. Proposed Plat of Inlet View Subdivision, Third Addition, Part II. 6. •This agreement is contingent upon funding by the City of those amounts to be paid by the City and project approval by the Kenai City Council. ! r T e irate IN WITNESS '4HEP,EOF, the parties hereto have executed, or caused to be executed by their duly authorized officials. this CONTRACT in five counterparts each of which shall be deemed an original on the date first written above written. OWNER CITY OF KENAI By. m. ariar'on City `.IanageT-1 (SEAL) DEVELOPER JESS L. HALL CLINT D. HALL STATE OF ALASKA THIRD JUDICIAL DISTRICT J THIS IS TO CERTIFY that on tnis day of 1986, JESS L. HALL, being personally mown to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. n Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this "<< day of��.�c,�� , 1986, CLINT 0. HALL, being personally known to me or Having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires: f a a STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT ? THIS IS TO CERTIFY that on this �� � day of 1,!6cGeL 1986, WILLIAM J. BRIGHTON, City Manager of the City or' Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf f said Citv. , Notary Public for Alaska My Commission Exoires: S--9-2" -niST THIS DEED OF TRUST, naae this Y ~` �:ay of Cec-1e(— , 1986, ibetween JESS L. HALL ASD CLI14T D. 1ALL, herein called Trustor, lwhose address is P. 0. Sox 651, Kenai, Alaska 99611; PIONEER TITLE INSURANCE AGENCY. —,C., an AlasKan rorooration, herein called Trustee, and CITY ^,F KENAI, herein called Beneficiarv, whose address is 210 Fidaino Street, Kenai, Alaska 99511, WITNESSETH: That Trustor GRANTS, BARGAINS, SELLS, and CONVEY`i to TRUSTEE IN TRUST WITH POWER OF SALE, that property described .as: Lot 3, Block 5, Inlet View Subdivision, Third Addition, situated in the City of Kenai, ;enai gecordinq District, Third Judicial District. State of Alaska. TOGETiER with the tenerents. nerAoitaments, and appurtenances theceunto Delonoino, it In anew lse -inoerr a ininq, the rents, (issues, and oror its tnereor, -3IJt3j---- , JiwtVFR, to the right, ,^,aweC Ana aULn0[1Cv nereinarter olven to and conterrea upon ?enericiary to coliect Ina aooiv iucn rents, issues. and profits. n'a ve Elna to noid z ,e Same. vita znc! :appurtenances, unto `ru5.e_ -URPOSES OF SECJRI;G: 1. ?errnrmance of each aqreement df T.-ustor nerein contained. ivlent of indebtedness :?viaenceo ov one pranissory note :it even date herewith, in th.! �r Inci_ai sum or ;,RTY_;'..O IHOUSAr,O DOLLARS ti42,GOO ) payable t the ^,enericiary or ar e=. .,erect the sec.iri y or t is Deea of irust, Trustor agrees: To <eeo oaiC 7:operty l'I ')pod condition and repair; not o _move or ::a-lolis.n any ui: i thereon; to complete or restore promptly and _n c000 ono-orKmaniike ,anner any building whicn :-.av oe constructed, Janaged, or Jestroved thereon and to pay wnen due all clams ror labor performed and materials i'furnished therefor; to :.omoly iitn all the laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or pernit waste thereof; not to commit, suffer, or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune, and do all other acts which from the character of use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. 2. Trustor is not required by the terms of this Deed of Trust to carry any insurance on the premises subject hereto. 3. To appear in :Ind defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which beneficiary or Trustee may appear and in any suit brought by the Beneficiary to foreclose this Deed. 4. To pay: at least ten days before delinquency, all taxes and assessments affecting said property; when due, all encumbrances, charges, and liens, with interest, on said property or any part thereof, which appear to be prior or superior heret except as may be noted in Section C hereafter; all costs, fees and expenses of this Trust. TIM ROGERS c'rrAn°°"i. 5. To pay immediately and without demand all sums expended CIfYOFKENAI by Beneficiary or Trustee pursuant to the provisions hereof, +ith I. — — interest from the date of expenditure at 10% (ten percent) per KINA1. MAMA 9M11 xisv. annum, TIM ROGERS Clrr ArtOkNt/ CITY OF KENAI r O Box No [!►N1. ALASKA 90611 x3-75" 6. 5nould Trustor fail to make anv payment or do anv act as herein provided, the ^enericiary or Trustee. but without obligation so to do and without notice to or demand upon Tru-,tor and without releasing Trustor from anv obligation hereof, may: .Take or do the same in such -fanner "Ind to such extent as either may deem necessary to protect the security hereof, beneficiary or Trustee oeinq authorized to enter upon said property for such purposes: appear in and defend anv action or proceedinc, Duroortina to affect the security hereof or the rights and powers of the Beneficiary or Trustee: oav, purchase, contest, or compromise any encumbrance, charge, or line which in the judgment of either appears to be prior to superior hereto: and, in exercising any such powers, pay necessary expenses, employ counsel, and pay his reasonable fees. IB. It is mutually aqreed that: — v nwaro or namaoes in connection with an condemnation for uol__ use or, ar nry o. ,-I11 iraoerty or anv part the.eor, is nereov aSsicned ana snail '7e nald, to Beneficiary .no -av aooty or release such monies received by him in the same manner ono witn the same errect as , eve orovided for diSpogition or arcceeos or fire or other insurance. ACCeotina payment or any sum secured hereby after its :jue rote, nenericiary toes not waive n15 right either to Ceouire Drc-ot oavment wnen oue ar ail other :ums so secured or to ..ec'are derauit fdr raliUCe sd to pay. =t anv rime or ron tune to time, witnout Iiaa11itti jthece,�or and witnout oC:Cd, upon .ritten reauest or 3enerlcLary jan❑ CreSentaLjan ::r _:1I5 ., CCd and sale note for endorsement, and 'iw i'_"cut dr rectina the aer sanai .lap 111ty of anv person for iaav-,ent Jr 'ne ,nceuteaness SCCureLl nereJv, Trustee way: reconvey 31. r. oar t. or sala Draper tv .onsenr J m e maKlnq of any rT zip or l:i tnerear. join in O:antlrtq env 'ise "ent :hereon: Jr jdif if1 ',!env extension agreement or any agreement suuoruinatinq the :Len �or �narae nereoy 4. Upon written request of Beneficiary stating that all ums secured nereoy have been paid, and uoon surrender of this eed and said note to Trustee for cancellation and retention and pan payment of its fees, Trustee shall reconvey, without arranty, the prooerty then neld hereunder. The recitals in any econveyance executed under this Deed of Trust of any matters or acts snall be conclusive proof of the truthfulness thereof. The rantee in any such reconveyance may be described as "the person r persons legally entitled thereto." 5. As additional security, Trustor hereby gives to and onfers upon denericiary the right, power, and authority, during he continuance of these Trusts, to collect the rents, issues, ind profits of said property, reserving unto Trustor the right, irior to any default by Trustor in payment of anv indebtedness secured hereby or in performance of any aqreement hereunder., to !ollect and retain such rents, issues, and profits as they become lue and payable. Upon any such default, beneficiary may at any ime without notice, either in person, by agent, or by a receiver o be appointed by a court, and without regard to the adequricy of 1ny security for the .ndebtedness hereby secured, enter upon and .ake possession of said property or any part thereof, in hi!, own fame sue for or otherwise collect such rents, issues, and Irofits, including those past due and unpaid, and apply the same, .ess costs and expenses of operation and collection, including •easonable fees for an attorney, upon any indebtedness secured iereby, and in such order as Beneficiary may determine. The antering upon and taking possession of said property, the :ollection of such rents, issues, and profits and the application .hereof as aforesaid, shall not cure or waive any default or iotice of default hereunder or invalidate any act done pursuant :o such notice. TIM ROGERS CITY ATTOQNlY CITY OF KENAI . O qx W RENA1. AIASXA 99611 293 IS" oon r.erault by '-ustor in oavment of anv indebtedne,s secured _r-Dv cr 'n __rfnrmance of anv agreement hereunder, ill =u -s securee 7erebv snail i^mediateIV become due and nay able at the cotton of the Beneficiary subiect, however, to the terms of '779 a rs •v-nt of �efult Aeneficiary shall 'execute or cause thehTr...,tee to execute a written notice of such t;uIt. :and cf his election to cause to be sold the herein cescr.^ed- rnnart. 'n ^'ItI;Fv the cnIications hereof, and shall ^nitre 'o--corced in m e office of the recorder of jeacn recordine precinct wnerein said real orooerty or some part jthereof :,5 situated. Notice of sale having been given as then required by law and riot less than the time then required by law having elapsed after recordation of sucn notice of derauit. Trustee, without demand on ..star, snail s e i 1 sata .-,reoerty ar _ ire fixed by it in Said at:.._ sale. ,na at i o.3ce ,-t r ion[ Lo a.5, enarate oarcels and in _urn orcer as .. -av _. m ine. at ..lcl:_ -iuction to the srest ana pest ❑.:oer far rasn _n .7wrui -onev of the Unitel totes, oavaoie at the :i -e or ,aie. rustee may oostoone sale cf o:- a n v oortion or ;aia orooerty av nuoiic announcement at =uc^ a n a okace or ;aie, :Ina 73-1 tl-e to time thereafter may :.ostcene sucn sale ov ojDi c announcement at the time rixea by oostoonelent. Trustee ;naii oeiiver to the cur_^ase. -,is ceeo convevina cne orcoerty so soil, butt withou= !C:nv covenant or, warranty. express or I.-Kok:ea. Tne recitals 11 sucn _.ea or 3nv -afters j; racts snaii 3e conciusive uroor of t;^.e rrutntulness :neretr. -nv person, incivainq Trus?:or, ener_1c13r1, ss nereunoer aerineo, iav purchase at sucn sake. . _er _eouct.nq .1 :ost., , ana expenses of the Trustee r _^.1S T:usC. _CLUCLnq COst cr -•v11eoCe a C e and reasonat) Ie -..ev n z:;nnect:..nale, Trustee shall apply ,._ecs 3f 331e Z, C 0 7 en : j m s exoenoed under the er^s :,.ereor not _.en :_;;alp ;ccrueo interest at the rate set :.n ?3r3graon ;,5 herein; all trier sums tnen secured hereby; i;na the ceIainaer, !` .=.nv, t3 the oerson or persons legally entitled thereto. 7. This Deed aopi:es to, inures to the benefit of, and binds all parties nereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term Beneficiary shall aean the holder and owner, including pledgee, of the note secured hereby, whether or not named as a beneficiary herein, or, if the note nas been pledged, the pledgee thereof. In this Deed, whenever the context so requires, the masculine gender includes the feminine, the neuter, or the feminine and neuter, and the singular number includes the plural. B. Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of the pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee. 9. Beneficiary may, from time to time, as provided by statute, appoint another Trustee in place and stead of the Trustee herein named, and thereupon, the Trustee herein named, shall be discharged, and the Trustee so appointed shall be substituted as Trustee hereunder with the same effect as if originally named Trustee herein. 10. If two or more persons be designated as Trustee herein, any, or all, powers granted herein to Trustee may be exercised by any of such persons if the other person or persons is unable, for any reason, to act, and any recital of such inability in any instrument executed by any such persons shall be conclusive against Trustor, his heirs and assigns. ',ane CL:'.T J. MALL (STATE OF ALASKA IF^ 10IC:AL LIST?iCT Le 1.^O :]e rS 01).91 -no an r0 ., or.'nav lna p !':: .', l; Cea sat is r 3C t C ry evlcence ar ..]? n t 1' 1 C 3 t 1 On, aDDe3rea oefore me 3no 3cknowieOaeo the voluntary eKecuLlon or the fore-.go1no , e n t . --iissiun r_xoIreEs ST;Ti_ IF ALASKA THi°D UDIC:AL JiSTRIZ T4I5 ._ 'J __ .. F" tnaL j; :av of 1546. _1 u n a �e or: ")avino� o roC.ucea S3C:573L _C _....dn C:'. _ ^t .Catlong af)Deared before ne ana ecknaoIec +o.cnt3r+ :na 3 tnarizao execution of the facecolnq 1nSLr-:-en7 -2_ r+ ..:1c to,- Alaska 1 v _a mISslOn Expires: TIM ROGERS city AnoRmy CITY OF KENAI p O ROR wo K[NM. ALASKA 99611 7Li71" r D OF T I i FOR VALUE RECEIVED, it is hereby nrnmised by the ncers:^.ned to cav to, cr to the order nf, CITY OF 4(FNAI the 3 r -,a1 sum of FORTY TWO THOUSAND DOLLARS (S42,000) on January 1, 1999. However, should the undersianed comoly with all terms of that certain aareement titled "INSTALLATION AGREEMENT, SUBDIVISION IMPROVEMENTS, INLET VIE'a SUBDIVISInN, THIRD �D0I71 N". prior to January 1, 1999 hen the Citv of Kenai will cancel this note Ana execute i ea.:esc 'or Reconvevance, Droviced cncers:r.re., cr •,: s.,c ^;s;nr :n .nt_^rest, will Dow all �0 C04t5 r_.. Ina recnroinn a CeCo1- �, _ -Interest conveven nv ^ reed or Trust securInq -I event that action is institutea to collet:. this any cart . __ ... -3 .. -.."tseo Dv r.ne uncersigneo to j 3v ^olcer nereor, to aociic.jn 'o 're oniance or the Dr1n- j nnr :nteres[ 7-13Lnrno Uue rrereon, +11 costs of coilect ion a .2asunao.e :ee ror �in <1t.ocnev, . .1ue rece:veu, •'aCn -eno every D9CSQII Slgnlni or ,,731nr, tnis note waives oresencnent,-enana, protest, aid -_ ;f nonoav,-ent .nereor, ,;na o:..,s " 1 m s e i r as a principal ;no uor as d sure--. -')�e . _2 nsc. ca acccroinq to the laws of Ile 3__.,:2"1 .. I ,.0eo or T.-ust of -ven sty erew,:n an _,at .eai orc er_ __scrioeo as: _ -- -+ nlc'. _eUDolvlslon, n1rC ,ddi_:on, sltuatel in the City of kena1, e131 )ecorCinq District, Third JUC1C13. District, Ctate of Alaska. EXECUTED on the Cate first above written, �<�•a�f JE:L. 'ALL LL1':f D. HALL TIM ROGERS CITY AROQMY CITY OF KENAI ro em"a KEF". A1PSl^ 9%11 2"?SW w T0. FROM: n*^^ MEMORANDUM Tian Rogers, City Attorney Keith Kornelis , P.W. Director (7SX` Januar^ 11, 1989 SuEC Inlet View Subdivision Irszallation Agreement have enciosea a copy of the f0_-lowin : 1. __sta_I tion agreement, View Subdivision, aea of _rust .3. O% Trust :Dote 4. I zr^vements, Estimated 5. Conzraczcr 6. T :_e- View : L; vision, 7. -n-e_ Via; Subdivision, Suzaivlslon improvements ,:..._ -d 2-dal---on, Part II Cost Construction ::�rcuosai lhi_� Add--��n, Part iI hir Add-zicn 1791-1991 CITY OF KENAI �.w 210 FIDALGO KENAI. ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 17, As you know f:= attending tine iasz council eeting of January , 1989, City Counc-= has airectea the Administrazion to proceed with the attached ins-aiiatio.n agreement fDr Inlet View Subdlvlslon. The Deed of Trust dote gave Jess and Clint mall until January 1, 1989 to make the improvements listed. Since t1nese improvements have not been completed I would assume the next step in this process is to obtain ownership of -ot 3, Blocx 5, Inlet View Subdivision, Third ;-addition or to obtain some type of assurances from Jess and Clint Hall that they will pay for these improvements. Public Works will contact the engineering and designing firm to get a status report as to the condition of the improvements at this time. It is my understanding that we have somewhat of -:Ln obligation to the residents in this area to continue on with the improvements which is mainly to pave the street. After I have received the proposals from the design engineering firm and cost estimates to complete this work I will be approaching the Cify Council for allocation of funds to complete the project. Hopefully, these funds will be replenished after title to this 1ot has been secured to the City of Kenai and at some future date sold. If I am proceeding in the wrong direction or not following the agreements that we have with Jess and Clint Hall, please let me know immediately so that I can comnly 1791-1991 CITY OF KENAI 210 FIDALGO KENAi, ALASKA 99611 �"``---- i ELEPHONE 283 - 7535 FAX 907.283.3014 January 13, 1989 Mr. Jess L. Hall 7512 Garden Gate Drive Citrus Heights, Cr. 95621 Clint D. Hall P.C. Bo:: 4937 Kenai-, Alaska 99611 P.e: Inlet Vies* Subdi-vision Installation -I --_... ^ On January 4, 1989, the City Council directed the adranistration to proceed with the Installation Agreement for _n r_�t eF, Subdivision. As you will recall, Lot.': , Blocky%J' , In let View Subdivision is encumbered by a Deed of Trust note In the amount of S42,000 given by yourselves to secure per ormance of zne improvements which you were to make by January 1, 1989_ `inese improvements have not been made. Consequently, we make inquiry at this juncture as to your intentions. Please respond immediately, in writing, with your position in this matter. CITY_ -OF KENAI Timdthy J. Rogers City Attorney TJR/clf cc: Keith Kornelis, Public Works Director n n 1791-1991 CITY OF KENAI 210 FIDALGO KENAI. ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 February 21, 1989 Mr. Cl--':-.:: Aall P.O. 3ox 493; Kenai, llasKa 1 RE. Lot 3, 31cc:. 5, Inlet View Sunaivis,on Cit", of :_enai Enclosed wit:. this letter is a copy of t:.e note and Deed of Trust which you ana your brotner signea in the anove-reLerencea matter. Hopefully, t is will ne_p you reach a aecision relevant to whether or not to :ay. In view of your =xpressed intention not to ::a:<e payment at the time you .,yet w_tn the City :-tanager ana myse.Lz , we consider this matter aciversarial in nature aria 'would request that any further communications wit; the City incident to this controversy De in writing. We would also appreciate your position in writing as promised .� during our meeting, as well as any change in your position or intentions as a result of the enclosures being provided with this letter. We intend to proceed to resolve this matter in the near future and suggest that it may behoove you to take some action in the •�► very near future. Sincerely, CITY0_F---KENA I Tl�ty .Rogers Cit• Attorney TJR/clf Enclosures cc: Jess L. Hall 1791-1991 rITY OF KENAI _ 210 FIDALGO KENA1, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 Marc~ 1, 191,19 Mr. Jess u. .:all 751- Ga_..zr_ Gate Drive Citrus Helants, Ca 95621 Clint '-'11 P.O. Box =927 Ker.a- , ri_Gsiia o=_ R". Lot 3 suba_vlsicn CASs Posnor. LSEAV'CFS, (s„ Enclosea is a cc : of a :-,eea of =-rust an,_` rota si gnea by you and a the re turn ad, your brct._: r -n. e aaove-referenced matter cn nL'guSL it to 26, 1936. hantYourr That note became _J ue cn u a nuary', i , l ., 9 . ?htoithe return This is to in -tern. you :.i'_at if _—l_ ayme nt o-- the above -mentioned note is not ;wade �Dv ::arch 12, 1989, tite City of .-Kenai will pursue ietaddressr all appropriate legal remed--es to collect t e monies you owe it. red ends -EIPT QEo 4GE, 'a tressi ow rural c city tor c7Rlclf tat0r Enclosures S °n a, t space e. end eta.. March 10, 1989 City of Kenai Attn: Wm. J. Brighton, City Manager Dear Mr. Brighton, Concerning the Installation Agreement to pave Susiana Lane in Inlet View Subdivision, I am making arrangements to pave this street in early summer 1989. An extension o= the Installation Agreement would be appreciated. Sincerely, / 6�/ Clint Hall 1791-1991 CITY OF KENAI 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283.3014 March 16, 1989 Jim and Jan Magee P.O. Box 3825 Kenai, Alaska 99611 RE: Inlet View Subdivision Paving As a result of --iy phone conversation this afternoon with Jan Magee, please rind enclosed copies of various documents from our files concerning the above -referenced problem. As indicated in our telephone conversation, I anticipate discussing this matter ;with the City Manager either Friday or Monday as a result of Clint Hall's last response as contained in his letter of i•larc--i iO, 1989 wherein he indicated that he wishes to accomplish the paving t.1-s Spring. 1n view of the fact that you represent that he has made these promises before, I feel it may be appropriate to require a Confession of Judgment from him as additional assurance that the project will be completed by him in a timely manner this Spring. In the alternative, it may be that the City will see fit to do the paving and then seek recompense pursuant to the contract provisions the Hall's entered into with the City. Should you have any further suggestions or inquiries, please feel free to call me. CITY OF KENAI Tim,}'" J. Rogers -'� Cit. Attorney TJR/clf Enclosures cc: Wm. J. Brighton, City Manager Suggested by Administration CITY OF KENAI ORDINANCE NO. 1308-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN A NEW CAPITAL PROJECT FUND ENTITLED "AIRPORT DRAINAGE STUDY/SAFETY ZONES." WHEREAS, the City has applied to the FAA for a grant to provide 93.75% funding for an airport drainage study and safety zones design, and WHEREAS, the State of Alaska has tentatively awarded the City a grant to provide 3.125% funding for the project. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Land System Increase Estimated Revenues: Appropriation of Fund Balance $ 1,775 Increase Appropriations: Airport M & O - Transfers $ 1,775 Airport Drainage Study/Safety Zones Increase Estimated Revenues: Federal Grant $53,242 State Grant 1,775 Transfer from Airport Land System 1,775 $56,792 JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk FIRST READING: March 15, 1989 SECOND READING: April 5, 1989 EFFECTIVE DATE: April 5, 1989 Approved by Finance Director c Suggested by: Administration CITY OF KENAI RESOLUTION NO. 89-24 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING A CONTRACT TO DEVELOP A COMPREHENSIVE DRAINAGE PLAN FOR THE KENAI MUNICIPAL AIRPORT TO WINCE, CORTHELL, BRYSON. WHEREAS, the City of Kenai expects to receive a grant in the amount of $53,242 from the FAA for a Comprehensive Drainage Plan, and WHEREAS, the City of Kenai has received a grant from the State of Alaska in the amount of $1,775 which will be matched with City Airport money, and WHEREAS, Wince, Corthell, Bryson is the design and inspection firm involved in related projects at the airport, and have proposed to prepare the drainage plan at a cost of $56,792. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract in the amount of $56,792 be awarded to Wince, Corthell, Bryson to develop a Comprehensive Drainage Plan for the Kenai Municipal Airport. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of April, 1989. ATTEST: Janet Ruotsala, City Clerk e 4Q JOHN J. WILLIAMS, MAYOR WINCE 000RTHELL~ BRYSON CONSULTING ENGINEERS p o o", )ow/ rnr'mx- 4672 xswx/. ALASxA / , ' _ Y'5��ci vv61/ - iJ -- City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Attention: Keith Kornelis-Director, Public Works Jack LaShot - City Engineer Sept. 1, 1988 Subject: Procosal to provioe surveying, t000graohic mappino, ano engzneerinq services on the Kenai Municipal Airoort GENERAL On 9 August 1988, Wince-Corthell-Bryson representatives Casey Madopn and Phil Bryson met with City of Kenai personnel Keith Kornelis, Jar,� LaShot and Randy Ernst to review work presently under design for the Kenaj Municipal Airport 1988-89 improvement program. Wince-Corthell-Bryson nas been asked by the City to submit a pr000sal for the following design work, which is beyond the scooe of or. - existing contract for engineering services. 1. initiated ny a City concern to correct existing draina,e deficiencies at various locations within the airoort property east of the runway, the need for !a comprehensive draznape olan for the airport was discussed. Such a plan would identify and propose corrections for problem areas, develoo approoriate rain -- fall intensity curves and other design tools, define and si:e major drainage routes, and provide alternate solutions with cont estimates. 2. Expand the later,�l`safety zones from the existing width ,'p 325 feet to the F.A.A.recommended width of 500 feet,and lengthen the north safety zone to 1000 feet, a distance appropriate &~ "transport" designated airports' This work would reouire modifications of existing drainage dit- ches the length of the runway. pwx, w m,,^". pc A/"" w C=^h°n ,E I p",.k v vv/""° ' E - _-*Wow � SCOPE OF WORK As reouesCed ky the Public Works Department, we have preoared this proposal haseo upon the following anticipated scope of work, broken down into two phases. ' Prepare t000graphic maps of airport areas that have been modi- fied since the last mapping (i.e. 1980)` consisting of 6 sheets, D7,D8,E7,E8,F7, and F8, at 100' per inch scale, and a two foot contour interval. Perform a detaileu drainage analysis of the study area between the float plane basin and Marathon Road, including contrzbutinq runoff areas from the north, and dischaqge points to tne south at First Street. Summarize existing drainage deficiencies. Develop schematic plans for correcting identified draznage deficiencies. Develop schematic plans for drainage of existing and future imorovements. Prepare preliminary designs for the major drainage systems~cqnsi- sting of a combination of underground and surface conduits as required. Prepare approximately eignt profile sheets of the proposed sys- tem at a scale of 1'. =100', together with a 1"=500' scale overall airport layout map showing recommended improvements in plan view. Prepare a written drainage summary consisting of the above data, design criteria developed, conclusions, recommendations, plan - profile sheets and cost estimates for drainage improvements. ' Prepare safety zone plan/profile grading plans compatible with the proposed drainage plan, including infield work necessary between the aprons, taxiways and runway consisting of five sheets suitable for bidding purposes. Also prepare plans for relocating or adjusting affected airport lighting systems within the North end safety zone, including quantities, cost estimates and specifications. Preoare plans for relocating or adJustzng affected azrocrt lighting systems within the North end safety zone. 2 PROJECT APPROACH We would pr,00se tn accomplish the above scooe of worr as fo�lows; Provide hm~zzontal and vertical control points. Prepare topographic maps from new photography. Analyze current uraznage patterns' Deveiwo new drainage systems utilizing $Me floac aiane basin �'n the west, Ryan Creek on the east, and existing storm drainag� to the south. Deve1ow specific precipitation and runoff design criteria fr 'm availaile Kenai Airport rainfall records. Calculzte anticipated runoff quantities and size major conduit and cxanne\ main drainage systems. Design safety zone and electrical modifications for znclusion into the Phase II project or separate for a Phase III project as desired' Provide 30 copies of study for city use. Provide 30 sets of plan sheets for inclusion into Phase II Airport work. COST PHASE A DRAINAGE STUDY ^ ^~ Aerial photography and topographic n/apping $8,300.00 Surveying 5,200.00 Engineering Engineer yII 148 hrs @ 60.00 8,880.0` Engineer VI 228 hrs @ 53.00 12_084.0`/ Drafting 148 hrs @ 32.50 4,810.C'' Typing 40 hrs @ 32'50 1,260'0' C.A.D. System 138 hrs @ i5,00 2`070.`}'` Printing 30 sets @ 25.00 per set 750.[`` Total (Phase A) $43,374.(', 3 PHASE B Safety zones,Electr:ical, Project Specific Drainage and Specifications Erai ir,eeri.riq r,glr,et: r' VI I F, hrs 1a 6C1. .n[3 i r_,eer VI 1 c0 hrs ip 50. 6, -6 i, i iii c.'_ ec. 1, C)t _i, i i i I)r'<_tft ir❑ pii hrs iy, JL. `��a �;;:, r�Qt`i, fJf) A. D. �_Ystern 7G hrs 15. s_iii T. bpi r,g a hrs �� :mac. c:.iii 7 E,s. Ui_i Print ing c4"x16" 15ii sheets Ci i (aerial Ph,,tr,graphy and Mapping 84(2. �iC> Field Surveying gi ii i, 00 Fatal (Phase B) $17, 41B. 0C) In the e-�vF=nt the City elects to Perform all w,_,r Il. f,_r whicn this, prapC ,sa 1 has been requested, there is ao prc,x i mat e l y 1;4(-)(- )c i, 0C) of. ,,ver1.a1_-)pi.r,q work. consisting of aerial phot,_,gra,phy ir,tf�r�_iretati,r,n, field sUrveyi.riq and engineering co[nm"n to bath phr_rses that snou ld bc^ dedi..icted f;^om L-he t"tal. We appreciate the:: opportunity to submit this proposal. If y,-„_i hav& any (. uest i cz ns, p l ease cc,rit act -:,1_lr office a L your earliest convenience. Very truly y,_lurs, WINCE—CORTHE_LL—BRYSON V— I L-1 �-� L C, � ��) _A-_�' %-� Philip W. Bryson, P.E. 60177 O v V G ,4L 4 1 Suggested by: Administration City of Kenai ORDINANCE NO. 1311-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $16,896.17, IN THE COUNCIL ON AGING BOROUGH FUND FOR THE PURCHASE OF A NEW MINI -VAN. WHEREAS, determination has been made concerning the desirability and need to replace a 1978 Chevy Van at the Senior Center, and WHEREAS, a donation from the Kenai Senior Connection in the amount of $1,966.08 has provided the remaining monies necessary in this fund for the purchase cf a new Mini -Van. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Counci, on Aging Borough Fund Increase Estimated Revenues: Appropriation of Fund Balance $10,526.58 Gaming Revenues 4,403.51 disc. Dcnations 1,966.08 $16,896.17 icrease Appropriations: 'lach:ir.ery & E<luipment $16,396.17 PASSED BY THE COUNCIL Os THE CITY OF KENAI, ALASKA, this Sth day of April, 1939. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ructsala, City Clerk First Reading: March 15, 1989 Second Reading: April 5, 1989 Effective Date: April 5, 1989 Approved by Finance: (3/10/89) Suggested by: Administration CITY OF KENAI RESOLUTION NO. 89-20 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING THE BID FOR A SENIOR CITIZENS' MINI -VAN TO CRAYCROFT CHRYSLER-PLYMOUTH- DODGE, INC. FOR THE TOTAL AMOUNT OF $16,896.17. WHEREAS, t:he following bid was received for the above mentioned Van on March 9, 1.989: PTrrFD AMOUNT Craycrof_ Chrysler -Plymouth -Dodge, Inc. $16,896.17 WHEREAS, sufficient funds are available; and WHEREAS, _he Council of the City of Kenai has determined that awarding this co :Tact to Craycroft Chrysler -Plymouth -Dodge, Inc. for the total amount c.f $"6,896.17 in the best interest of the City. NOW THEREFORE BE IT RESOLVED 3Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, -hat ::he bia for a Senior Citizens' Mini -Van be awarded to Craycroft Chrysler-P Drmouth-Dodge, Inc. for the total amount of $16,896.7. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of April, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: Suggested by: Administration CITY OF KENAI RESOLUTION NO. 89-21 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1988/89 GENERAL FUND BUDGET: From: Communications - Salaries $2,500 To: Communications - Overtime $2,500 This Lransfer provides additional overtime money in the Communications (Dispatch) budget. The overtime budget has been depleted due to coverage of a position vacancy. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of April, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: r-r, (3/20/89) jal TO: William Brighton � �`'c,lZ�?�`+rJ City Manager FROM: Richard Ross L)4 LA-- Chief' of Police SUBJECT: Transfer from Salaries to Overtime RE: Communications Budget DATE: 3/14/89 Request transfer of $2500 from Communications Salaries to Communications Overtime. Transfer of funds is necessitated because of overtime having been used during a period of position vacancy as a result of turnover. Overtime was used to cover for vacancy and to cover shift while new hire was being trained. Excess funds are available in the salaries account due to position vacancy. RAR/ lrr Suggested by: Administration CITY OF KENAI RESOLUTION NO. 89-22 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE STATE OF ALASKA IN THE AMOUNT OF $52,077 TO PAVE THE AIRPORT RUNWAY AND INSTALL LIGHTING. WHEREAS, the State of Alaska has offered the City of Kenai a grant to pave the airport runway and install lighting. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City i,?anager is authorized to enter into said grant agreement. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of April, 1989. ATTEST: Janet Ruotsala, City Clerk e�Q JOHN J. WILLIAMS, MAYOR Suggested by: Administration CITY OF KENAI RESOLUTION NO. 89-23 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE STATE OF ALASKA IN THE AMOUNT OF $1,775 FOR A COMPREHENSIVE AIRPORT DRAINAGE PLAN AND DESIGN EXPANDED SAFETY ZONES. WHEREAS, the State of Alaska has offered the City of Kenai a grant for a Comprehensive Airport Drainage Plan and Design Expanded Safety Zones. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is authorized to enter into said grant agreement. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of April, 1989. ATTEST: Janet Ruotsala, City Clerk e 4Q JOHN J. WILLIAMS, MAYOR Suggested by: Parks & Recreation Dept. CITY OF KENAI RESOLUTION NO. 89-25 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE FEDERAL REVENUE SHARING FUND: Fran: 77:S - Recreation - Mach. & Equip. $ 724 FRS - Beautification - Mach. & Equip. $ 724 This transfer provides money to purchase a John Deere, Model 90 Boom Tractor. Honey had been appropriated for this purchase in the 1988 Federal Revenue Sharing budget, but a price increase makes this transfer necessary. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this Sth day of April, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: �?Q (3/27/89) Suggested by: Library CITY OF KENAI RESOLUTION 89-26 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1988-89 GENERAL FUND BUDGET: FROM: Library - Communications ($1,000) Library - Professional Services ( 794) Library - Repair & Maintenance Supplies ( 806) ($2,600) TO: Library - Machinery & Equipment $2,600 This transfer provides money to purchase a Newsbank Electronic Index CD-ROM reader for the library. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of April, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: �4Q Suggested by: Administration CITY OF KENAI RESOLUTION 89-27 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFERS OF MCNIES BY MADE IN THE AIRPORT TERMINAL RENOVATION CAPITAL PROJECT FUND. FROM: TO Architectural Engineering $4,495 Construction 4,495 This transfer provides money for Change Orders #3 and #4 on the project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of April, 1989. JOHN J. WILLIAMS, MAYOR *4 Janet Ruotsala, City Clerk Approved by Finance Suggested by: Recreation Department CITY OF KENAI RESOLUTION NO. 89-28 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE GENERAL FUND 1988-89 BUDGET: From: Recreation - Repair & Maintenance To: Recreation - Snack Bar Supplies $3,000 $3,000 This transfer provides money to cover expenses for the balance of the fiscal year. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of April 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: (3/31/89) jal 3 — z Kenai Airport Commission Meeting March 30, 1989 7pm Mr. D's Restaurant Chairman, Bob Summers 1. ROLL CALL: Bob Summers Randy Ernest, Airport Manager Bill Toppa Marj O'Reilly, Kenai City Council Phil Ames Josh Knopper 2. Bob passed out a copy of the list of the names of persons who had picked up the Request for Proposal or Bid packages. So far, no bids have been received. 3. A motion was made by Bill Toppa to keep the current Request for Proposal, but to have it redone with changes noted by this commission. Motion seconded by Josh Knopper. Motion carried. 4. The Commission members reviewed the Addendum No. 1 for the Giftshop, page by page. Changes, additions, deletions and questions were duly noted on the document. Commissioners asked that the document, as reviewed and with the changes noted, be sent back to the City Council for their review and inspection. The packet with the corrections noted will be sent to the City Clerk's office tomorrow. (March 31, 1989) It is the recommendation of this Commission that the document be reviewed again by the City Council and City Attorneys. 5. The meeting was adjourned at 9pm. The Commission will meet again next. Thursday evening (April 6th) at 7pm at the ----_Airport. (:,-- dT- �_.. Patti Truesdell for LTD Services for the City of Kenai March 31, 1989 1791-1991 CITY OF KENAI " Od Capdal 4 4i"d " 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 ADDENDUM NO- 1 TO: All Contract Document holders of record FROM: ?anay =,rnst, Airport Manager DATE: February 22, 1989 '�E: =_x` Sjon Concession - Terminal -nai -lunicipal Airport i. ?r—nna comerence will be March 10, 1989 at 9:00 a.m. 3. 3ic 7neninn will be March 27, 1989 at 2:00 p.m. END OF ADDENDUM WJB/kh is CITY OF KENAI 210 FIDALGO STREET KENAI, ALASKA 99611 CONTRACT DOCUMENTS RELATING TO KENAI MUNICIPAL AIRPORT TERMINAL GIFT SHOP CONCESSION Timothy J. Rogers City Attomey CITY OF KENAI 210 F-dalgo Kenai, Alaska 99611 2833441 FAX 283 3014 INVITATION FOR BIDS GIFT SHOP CONCESSION TERMINAL KENAI MUNICIPAL AIRPORT Sealed bids for the exclusive right to operate a gift shop concession at the Kenai Municipal Airport will be received at the City offices, 210 Fidalgo Street, Kenai, Alaska, 99611. All bids must be received no later than 2:00 p.m., Alaska Standard Time, on March 20, 1989, at which time and place they will be publicly opened and read. Bids may also be mailed to City of Kenai, 210 Fidalgo Street, Kenai, Alaska, 99611, but must be received in the office of the City Manager, no later than 2:00 p.m. Alaska Standard Time, on March 20, 1989, to be considered. All interested parties, inclu.ainq Disadvantaged Business Enterprises. are encourages to submit bid proposals. No person shall be exciudea on the grou.nas or race, color, religion, sex, or national origin. A pre -bid conference for all potential bidders wiii be held at City Hall, 210 Fidalgo Street, Kenai, Alaska, 99611, on March 17, 1989, beginning at 9:00 a.m., Alasxa Standard Time. The conference will be conducted by the City of Kenai Airport Manager and will include a general information briefing, a question and answer session ana an inspection tour of the concession space in the Terminal. The bid documents manifesting the terms ana conditions of this concession offering may be examined and/or obtained from the City of Kenai Airport Manager, 21C Fidalgo Street, Kenai, Alaska, 99611 (Telephone: (907)283-7951). ALL BID PROPOSALS MUST BE MADE ON FORMS FURNISHED BY THE CITY. The right is hereby reserved to reject any and all bid proposals and to waive any defects when., in the opinion of the Kenai City Manager, or his official designee, such rejection or waiver will be in the best interest of the City. In addition, the city hereby reserves the right to re -advertise for Bid Proposals or to reschedule the bid opening, if such action is desired by the City. DATE: February _1� 1989 Wm. J righ City Manager City of Kenai ADVERTISED: February 17, 24, 1989 March 3, 10, 1989 KENAI MUNICIPAL AIRPORT TERMINAL GIFT SHOP CONCESSION AGREEMENT TABLE OF CONTENTS Page N�o-s . INVITATION FOR BIDS . . . . . . . . . . . . . . B-1 to B-3 INSTRUCTIONS TO BIDDERS . . . . . . . . . . . . IB-1 to IB-6 BID PROPOSAL . . . . . . . . . . . . . . . . . . BP-1 to BP-4 BIDDER'S AFFIDAVIT . . . . . . . . . . . . . . . BA-1 to BA-2 BID QUESTIONNAIRE . . . . . . . . . . . . . . . BO-1 to BQ-8 GIFT SHOP CONCESSION AGREEMENT . . . . . . . . . 1 to 26 I PLEAS CHECK THIS APPLICATION PACKAGE IMMEDIATELY UPON RECEIPT TO T i STJRE THAT YOU -AVE IN YOUR POSSESSION ALL OF THE DOCUMENTS LISTED ABOVE. THE CITE WILL -FURNISH BIDDERS WITH A COPY OF A14Y MISSING DOCUMENTS UPON REQUEST, BUT ASSUME:; NO RESPONSIBILITY SHOULD ATvY OF THE REQUIRED DOCUMENTS BE MISSING FROM A14Y 3ID PACKAGE. CITY OF KENAI 210 FIDALGO STREET KENAI, ALASKA 99611 Timothy J. Rogers City Attofney CITY OF KENAI 210Fidalgo Kenai, Alaska 99611 283-:1441 FAX 283 3014 INVITATION FOR BIDS GIFT SHOP CONCESSION KENAI MUNICIPAL AIRPORT TERMINAL Sealed bids for the exclusive right to operate a gift shop concession, for the purpose of providing a retail merchandise sales business for the convenience of the traveling public at the Kenai Municipal Airport will be received at the City offices, 210 Fidalgo Street, Kenai, Alaska, 99611. All bids must be received no later than 2:00 p.m., Alaska Standard Time, on March 20, 1989, at which time and place they will be publicly opened and read. Bids may also be mailed to the City of Kenai, 210 Fidalgo Street, Kenai, Alaska, 99611, but must be received in the office of the City Manager, no later than 2:U0 p.m. ziaska Standard Time, on March 20, 1989, to be consiaerea. All interested parties, inc:ivaing Jisaclvanuaaed Business Enterprises, are encouraged to sut)mit bid proposals. No person shall be excluded on the grounas of case, color, religion, sex, or national origin. The contract being offered is aesionated as the Gift Shop Concession Agreement ana is briefly summarized as follows: I. CONCESSION TERM: The rights Lo operate the Gift Shop Concession shall begin on yugust 1, 1=)39 and terminate on vuly 31, 3_997. II. PREMISES: 300 sq. 7t., as shown on the attached Exhibit "A" and incorporated by reference herein, Terminal Building, Kenai Municipal Airport. III. RIGHTS GRANTED: The exclusive .right to operate a gift shop concession and i sell. gift merchandise in the Kenai Municipal Airport Terminal Building. B-1 Timothy J. Rogers city A1l0"ney CITY OF KENAI 210FAalao Kenai. Alaska 99611 283 '1441 FAX 2R3 3014 IV. CONCESSION FEES: The successful bidder will be required to pay a monthly concession fee of the minimum monthly rent guarantee offered by the successful bidder. V. MINIMUM BID: The minimum acceptable bid will be a rent guarantee of $500.00 der month for each month during the term of the agreement. VI. BID DEPOSIT: A bid deposit with the amount of $500.00 must be submitted with each bid proposal. VII. BIDDER QUALIFICATIONS: In order to participate in this bid offering, a bidder must, be able to demonstrate that ne will be able to demonstrate <� that since January 1, 197E he nas had at least three (3) i t years of d-i-r-ee-t experience in the operation of a retail merchandise sales Dusiness.with gross sales of at least $100j000 0-0-per location per year. VIII. ADVANCE GUARANTEE PAYMENTS: Upon award of the contract, the successful bidder will be reeui.red to execute the contract and pay to the C:;_ty the minimum rent guarantee offered by the successful bidder for the last :'nonth of the contract term, less the $500.00 bid deposit already submitted. A pre -bid conference for all potential bidders will be held at City Hall, 210 Fidalgo Street, Kenai, Alaska, 99611, on March 17, 1989, beginning at 9:00 a.m., Alaska Standard Time. The conference will be conducted by the City of Kenai Airport Manager and will include a general information briefing, a question and answer session and an inspection tour of the concession space in the Terminal. B-2 Timothy J. Rogers City Attorney CITY OF KENAI 210 Ftdalgo Kenai. Alaska 99611 283 3441 FAX 283 3014 i I 11 i I ! f Timothy J. Rogers I' City Anomey CITY OF KENAI 210Fioaigo Kenai, Alaska 99611 283 3441 F A X 283 3014 C. If the Bidder fails to demonstrate that he has the experience requ:;.red under Item III (Bidder i`nuaiifications) above. In addition, the City :reserves the right to reject any or all bid proposals and waive any defects when in its opinion such rejection or waiver will be in the best interest of the City. The right is reserved by the City to reschedule the bid opening or re -advertise for bill proposals if such action is desired by the City. VI. BID DEPIOSIT: All Bid Proposals must be accompanied by a certified check or cashier's check on a solvent financial institution doing business within the United States of America, payable to the City of Kenai, in the amount of $500.00. The City reserves the right to cash such check and hold the proceeds thereof pending the award of the concession contract. VII. CONTRACT AWARD: A. The contract award, if made, will be made by the City Manager for the City of Kenai, or his official designee. 3. The bidder must be capable of performing all of the terms and conditions of the contract being offered. The City may request the b_1_dder to furnish additional information, including financial information, to determine if the bidder is qualified. C. In the case of any discrepancy between the words and figures in t:he Bid Proposal, the words shall govern. D. The contract award, if made, will be to the highest responsive qualified bidder based upon the following: 1. The total minimum rent guarantee to be paid tc the city during the term of the contract. 2. The conformity of the bidder to all of the terms, conditions, and prerequisites set forth in the bid documents. IB-3 INSTRUCTIONS TO BIDDERS GIFT SHOP CONCESSION AGREEMENT 1ZENAI MUNICIPAL AIRPORT TERMINAL BUILDING I. BIDDERS: All bids must be made on the Bid Proposal form furnished by the City (attached hereto), must be properly executed as provided thereon, and be addressed and delivered to the office of the City Manager, City of Kenai, 210 Fidalgo Street, Kenai, Alaska, 99611., no later than 2:00 p.m., Alaska Standard Time, on March 20, 1989. Bids may also be mailed to the City Manager, City of Kenai, 210 Fidalgo Street, Kenai, Alaska, 99611, but must be received at the office of the City Manager no later than 2:00 p.m., Alaska Standard Time, on March 20, 1989 to be considered. Each Bic: Proposal must be submitted in a sealed envelope which 4S clearly marked on the outside with the Bidder's name and the following label: "�==t Shop Concession Bid Proposal - Kenai Municipal Airport." To be complete, a bid proposal must consist of the following: A. A completed, signed, and notarized bid proposal (Pages BP-1 to 3P-4). B. A completed, signed, and notarized Affidavit (Pages BA- 1 to BA- C. The required Bid Deposit. D. A completed and signed Bidder's Questionnaire (Pages BQ-1 to 3Q-6). No late or telegraphic applications will be accepted. When received by the City, all bids become the property of the City. When bids are opened, all bid proposals and supporting documents and statements become public information. II. BID REVISION/WITHDRAWAL: A bidder may withdraw or revise a bid proposal after it has been deposited in the office of the City Manager, 210 Fidalgo Street, Kenai, Alaska, 99611, provided: IB-1 Timothy J. Rogers City Atromey CITY OF KENAI 21D Fdalgo Kenai. Alaska 9%11 283-:14d1 FAX 283 3014 INSTRUCTIONS TO BIDDERS GIFT SHOP CONCESSION AGREEMENT :=AI MUNICIPAL AIRPORT TERMINAL BUILDING I. BIDDERS: All bids must be made on the Bid Proposal form furnished by t:ne City (attached hereto), must be properly executed as provided thereon, and be addressed and delivered to the office of the City Manager, City of Kenai, 210 Fidalgo Street, Kenai, Alaska, 99611, no later than 2:00 p.m,., Alaska Standard Time, on March 20, 1989. Bids may also be mailed to the City Manager, City of Kenai, 210 Fidalgo Street, Kenai, Alaska, 99611, but must be received at the office of the City Manager no later than 2:00 p.m., Alaska Standard Time, on March 20, 1989 to be considered. Each Bid Proposal must be submitted in a sealed envelope whic:1 is clearly nnarked on the outside with the Bidder's name and the following label: ^ift Shop Concession Bid Proposal - Kenai Municipal Airport." To be complete, a bid proposal must consist of the following: A. A completed, signed, and notarized bid proposal (Pages BP-1 to 3P-4-) . B. A completed, signed, and notarized Affidavit Pages BA- 1 ro 3A-2). C. The required Bid Deposit. D. A completed and signed Bidder's Questionnaire (Pages BQ-1 to 30-6). No late or telegraphic applications will be accepted. When received by the City, all bids become t'-ie property of the City. When bids are opened, all bid proposals and supporting documents and statements become public information. II. BID REVISION/WITHDRAWAL: A bidder may withdraw or revise a bid proposal after it has been deposited in the office! of the City Manager, 210 Fidalgo Street, Kenai, Alaska, 99611, provided: IB-1 Timothy J. Rogers City Attorney CITY OF KENAI 210 F.daigo Kenai. Aiaska 99611 2833441 FAX 283 3014 C. Ii the Bidder fails to demonstrate that he has the f -experience required under Item III (Bidder Oualifications) above. In addition, the City reserves the right to reject any or all bid proposals and waive any defects when in its opinion such rejection or waiver will be in the best interest of the City. The right is reserved by the City to reschedule the bid opening or re -advertise for bid proposals if such action is desired by the City. VI. BID DEPOSIT: All Bid Proposals must be accompanied by a certified check or cashier's check on a solvent financial institution doing business within the United States of America, payable to the City of Kenai, in the amount of $500.00. The City reserves the right to cash such check and hold the proceeds thereof pending the award of the concession contract. VII. CONTRACT AWARD: A. The contract award, if made, will be made by the City Manager for the City of Kenai, or his official designee. B. The bidder must be capable of performing all of the terms and conditions of the contract being offered. The City may request the bidder to furnish additional information, including financial information, to determine if the bidder is qualified. C. In the case of any discrepancy between the words and figures in the Bid Proposal, the words shall govern. D. The contract award, if made, will be to the highest responsive qualified bidder based upon the following: 1. The total minimum rent guarantee to be paid to the City during the term of the contract. 2. The conformity of the bidder to all of the terms, conditions, and prerequisites set forth in the bid documents. IB-3 Timothy J. Rogers City Attorney CITY OF KENAI 210 Fioalgo Kenai, Alaska 9%. 11 2833441 FAX 283 3014 IV. CONCESSION FEES: The successful bidder will be required to pay a monthly concession fee of the minimum monthly rent guarantee offered by the successful bidder. V. MINIMUM BID: The minimum acceptable bid will be a rent guarantee of $500.00 per month for each month during the term of the agreement. VI. BID DEPOSIT: A bid deposit with the amount of $500.00 must be submitted with each bid proposal. VII. BIDDER QUALIFICATIONS: in order to participate in this bid offering, a bidder must be able to demonstrate that ne will be able to demonstrate that since January 1, 1978 he has had at least three (3) i 'I years of cr�r-eet experience in the operation of a retail I merchandise sales business4with gross sales of at least $100 000 00 per location per year. VIII. ADVANCE GUARANTEE PAYMENTS: Upon award of the contract, the successful bidder will b-:_ required to execute the contract and pay co the City the minimum rent guarantee offered by the successful bidder for the last month of the contract term, less the $500.00 bid deposit already submitted. A pre -bid conference for all potential bidders will be held at City Hall, 210 Fidalgo Street, Kenai, Alaska, 99611, on March 17, 1989, beginning at 9:00 a.m., Alaska Standard Time. The conference will be conducted by the City of Kenai Airport Manager and will include a general information briefing, a question and answer session and an inspection tour of the concession space in the Terminal. B-2 Timothy J. Rogers City Attorney CITY OF KENAI 2' 0 F,Catgo Kenai A)aska99611 283 3441 F A X 283 3014 Timothy J. Rogers Cqy Attorney CITY OF KENAI 210 F,dalgo Kenai. Al ask 99611 XI. TIE BIDS: In event of a tie bid by qualified bidders, the tie will be broken by awarding the agreement to the bidder who has demonstrated the most experience in the operation of qualifying retail merchandise sales business(es) since December 1978, as determined by a comparison of the aggregate years of verified experience Listed by the bidders in their Bid Questionnaire in response to Question No. 6 and No. 7. -- XII. PUBLIC INFORMATION: All bid proposals, including any and all documents and/or statements submitted with a bid proposal, become the property of the City when received by the City. Upon the opening of sealed bids by the City, all such information submitted with the bid proposal becomes public information. I XIII. PRE -BID CONFERENCE: A nre-bid conference for all potential bidders will be held at City Hall, 210 Fidaigo Street, Kenai, Alaska, 99611, on March 17, 1989 beginning at 9:00 a.m., Alaska Standard Time. The conference will )e conducted by the airport Manager and will include a general information briefing, a question and answer session, and an inspection tour of the lease space in the Terminal. XIV. OTHER REQUIREMENTS: Bidders are responsible for carefully examining all documents relating to this agreement and judge for themselves all the circumstances and conditions affecting their bid proposal. Failure on the part of any bidder to make such examination and to investigate thoroughly shall not be grounds for any claim that the bidder did not understand the conditions of the bid proposal. All bidders should also thoroug=-ily familiarize themselves with the concession site conditions. XVI. GENERAL CONTRACT INFORMATION: A. The City of Kenai is offering an opportunity to do business at the Kenai Municipal Airport and does not in any way guarantee a profit for the operation of the Terminal concession. B. The effective crate of the contract shall be August. 1 1989 and shall terminate July 31, 1997. IB-5 283 3441 FAX 283 3014 C. The Citty may require of any Bidders, other than sole oroorietors, signed surety guarantees from all principals, agents, directors, stockholders, and/or officers of the successful bidding entity. IB-b Timothy J. Rogers City Attorney CITY OF KENAI 210 Fitlalgo Kenai. Alaska 99611 283 3441 FAX 283 3014 KENAI MUNICIPAL AIRPORT TERMINAL GIFT SHOP CONCESSION AGREEMENT BID PROPOSAL PLEASE PRINT THE FOLLOWING Business Name of Bidder . . . . d/b/a (if applicable) . . . . . . Submitted by. . . . . . . . . . . Title . . . . . Business Mailing Address. . . . Telephone No. Timothy J. Rogers City Attorney CITY OF KENAI 210 F,datgo ,(ena.. Alaska 99611 2833441 FAX 283 3014 Timothy J. Rogers City Attorney CITY OF KENAI 210F,dalgo Kenai. Alaska 9%11 BID PROPOSAL KENAI MUNICIPAL AIRPORT TERMINAL GIFT SHOP CONCESSION AGREEMENT Date: City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Gentlemen: The undersignea (person, partnership, joint venture, corporation), 'Zereinafter called the Bidder, hereby offers to enter into a Gift Shop Concession Agreement covering certain rights and privileges at the Kenai Municipal Airport and within: the Kenai Municipai Airport Terminal Building. In connection with this offer the bidder offers to pay the following minimum rent guarantee: S lease. per calendar month for the period of the This offer s maae subject to the terms and conditions of the Invitation for Bids dated February 17, 1989, and the Instructions to Bidders and Specimen Concession Agreement issued by the City i as part of the bid offering for the subject Gift Shop Concession Agreement. { Attached hereto and made a part of this offer are the following: 1. Affidavit executed by the Bidder. 2. Completed and signed Bid Questionnaire. 3. Bid deposit in the amount of $500.00 in the following form: A certified or cashier's check on a solvent financial institution doing business within the United States of America, payable to the City of Kenai. The Bidder hereby acknowledges the Cit:y's right to cash such check immediately following bid opening and to hold the proceeds thereof until the award process is completed. Within fifteen (15) calendar days after receipt of notice and acceptance of offer by the City of Kenai, the Bidder shall BP-2 2833441 FAX 283 3014 Timothy J. Rogers Gty Attorney CITY OF KENAI 210 Fidatgo Kenai. Alaska 99611 283 3441 FAX 283 3014 execute and deliver the Agreement, together with the required Guarantee Advance to: Airport Manager, City of Kenai, 210 Hidalgo Street, Kenai, Alaska, 99611. Said Guarantee Advance will be the minimum rent guarantee offered in this Bid Proposal. for the last month of the contract term and will be in the forri of a certified or cashier's check on a solvent financial institution doing business in the United States of America. It is understood and agreed by the Bidder that failure to execute and return the Concession Agreement, Guarantee Advance payment in the time specified, shall constitute a breach of this offer on the part of the bidder; and that upon such breach, the deposit hereinabove referred to shall be forfeited to the City of Kenai.. Time is of the essence in the execution and performance of the obligations under this agreement. (Sign and notarize Page BP-4) This offer may be accepted or rejected by the City of Kenai by written notice to the Bidder at the address stated on Wage BP Sincerely, Flame of Bidder's Corporation, Company, or Person Signature By Individual Surety CORPORATE ACKNOWLEDGMENT: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) (CORPORATE SEAL) THIS IS TO CERTIFY that on this day of , 198 , before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared known to me and to me know to be the _ of the corporation which BP-3 executed the foregoing instrument, and he acknowledged to me that he executed the same for and on behalf of said corporation, and that he is fully authorized by said corporation so to do; and that the corporate seal affixed to said instrument is the corporate seal of said corporation; IN WITNESS WHEREOF, _C have hereunto set my hand and affixed my official seal the day and year above written. Notary Public in and for Alaska. My Commission Expires: STATE OF ALASKA ;I 1 ss. THIRD JUDICIAL DISTRICT I THIS =S -0 CERTIFY that on this gay of 198 , before me, the undersigned, a Notary j Public in and for the State of Alaska, duly commissioned and sworn, personally appeared known to me and to me know to be the person(s) named herein and who executed the foregoing instrument, and (he, she, they) acknowledged to me that (he, she, they) signed the same as (his, j her, their) free ana voluntary act and deed with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written. Notary Public in and for Alaska. My Commission Expires: BP-4 Timothy J. Rogers City Ano*ney CITY OF k EN AI 210 F,dalgo Kena., Alaska 99611 2833441 FAX 283 3014 BIDDER'S AFFIDAVIT , being first duly sworn deposes and says: _. The Affiant (as Bidder or as representative or officer of bidder) has carefully examined all documents relating to the Gift Shop Concession Agreement for the Terminal Building located on Kenai Municipal Airport; II. The Bidder acknowledges that all the documents and statements submitted with the Bid Proposal become the property of the City when received by the City and become public information once the bid is opened; 1 I_T. The Bidder filed herewith is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, j organization, or corporation; I TV. The bid is genuine and not collusive or sham; V. The Bidder has not, directly or indirectly, i:duced or solicited any other bidder to put in a ifalse or sham bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sha-i bid or that anyone shall refrain from bidding; VI. I The Bidder has not in any manner, directly or f indirectly, sought by agreement, communication, or conference with anyone to fix any overhead, profit, or cost element of such bid price or that of any other bidder, or to secure any advantage against the City of Kenai or anyone interested in { the proposed Concession Agreement; VII. All statements contained in the bid and supporting documents are true; VIII. The bidder has not, directly or indirectly, j submitted his bid price or any breakdown thereof or the contents thereof, or divulged information j: I BA-1 Timothy J. Rogers i City Altorney CITY OF KENAI i 210f,dalgo Kenai. Alaska 94611 283 3441 FAX 2833014 I or dates relative thereto, or paid or agreed tD pay directly or indirectly, any money or other valuable consideration for assistance or aid rendered or to be rendered in procuring or attempting to procure the Concession Agreement above referred to, to any corporation, partnersship, c-onpany, association, organization, or to any other member or agent thereof, or to any other individual; VIII. The Bidder will not pay or agree to pay, directly or indirectly, any money or other valuable consideration to any corporation, partnership, company, association, organization, or to any member or agent thereof, or to any other individuals for aid or assistance in securing the agreement above referred to in the event the same is awarded to the Bidder; IX. The Bidder is not in arrears in any payments owing to the City nor is he in default of any obligation to the City; nor is he a defaulter as surety or otherwise upon any obligation to the I' C__tv; nor has ne failed to perform faithfully and �I diligently any previous contract with the City. Signed at on this day of 193 l _ Signature �I Title Individual Surety SUBSCRIBED and SWORN to before me a j Notary Public in and for the State of on this day of 198 Notary Public in and for the State of My Commission Expires: Timothy J. Rogers „ $A—? City Attorney CITY OF KENAI 210 Fldalgo Kenai, Alaska 9%11 2833,141 FAX 283 301a 4I KENAI MUNICIPAL AIRPORT TERMINAL GIFT SHOP CONCESSION BID QUESTIONNAIRE All information requested in this Questionnaire must be furnished by the Bidder, and must be submitted with the bid proposal. Statements must be complete and accurate and be presented in the form requested. Omissions, inaccuracies, or misstatements in an Bidder's Questionnaire may, at the discretion of the City, be grounds for rejection of an application. 1. Name of the Bidder exactly as it is to appear on the Concession Agreement: Share Timothy J. Rogers City Attorney CITY OF KENAI 210 F,dalgo Kenai, A6aska 9%. 11 2833441 FAX 283 3014 2. Flailing address of the Bidder for contract administration purposes: 3. The Bidder, if selected, intends to operate the Concession as (check one): ( ) -"ndividual ( ) Joint Venture { ! (Teneral Partnership ( ) Corporation t ) Limited Partnership i 4. If the Bidder will operate the concession as a partnership or joint venture, attach a copy of the partners,aip or joint venture agreement and answer the following questions: a. Name, mailing address, and share of each partner or joint venturer: Name BO-1 Address a b. Date of Organization: C. Agreement recorded at: 3orough/County/Judicial District State Date d. If partnership, or joint venture is registered with the State of Alaska, Department of Commerce, state date of registration: If the Bidder- will operate the Bar and Restaurant Concession a:, a corporation, answer the following: a. Date incorporated: In what state? b. If corporation is registered with the State of Alaska, Department of Commerce to do business in the State of Alaska, state the date of registration: C. Name, mailing address, amount of stock held (number and type), and experience in the retail sales business of the following corporate officers and Board of Directors members: I CORPORATE OFFICERS President: Name Address: Stock: Experience: BQ-2 Timothy J. Rogers City Attorney CITY OF KENAI 210 Floatgo Kenai Ataska99611 283 3441 FAX 283 3014 Vice President: Name Address: Stock: Experience: Secretary: Name Address: Stock: Experience: Treasurer: Name Address: Stock: Experience: Timothy J. Rogers Gty Attorney CITY OF KENAI 210 Fidalao Kena, Alaska 94611 2833441 FAX 283 3014 $Q-j BOARD OF DIRECTORS Chairman: Name: Address: Stock: Experience: Member: Name: Address:: Stock: Experience: II Member: Name: I I Address: Stock: Experience: Timothy J. Rogers City Attorney CITY OF KENAI 210 F,Aatgo Kena+.Alaska 99611 28.33441 FAX 283 3014 :• 4 Member: Name: Address: Stock: Experience: Member• Name: Address: Stock. ixperience : d. List tie five (5) stockholders owning the largest amount of stoci in the corporation (excluding corporate officers and members of the Board of Directors already Misted under Question No. 5(�) above). indicate name, mailing address, and ~umber and type of shares held. Name: Address: Stock: Name: Address: Stock: Timothy I Rogers City Attorney CITY OF KENAI 210 F,dalgo Kenai Alaska AV 283 3" 1 FA X 283 3014 BQ-5 ^Tame : Address: Stock: Name: Address: Stock: Name: Address: Stock: 6. Attach a description of the retail merchandise sales businesses which the Bidder has operated since January 1, 15178. List only those retail sales businesses which generates gross sales in excess of $100,000.00* per calendar year. The description must include the following information for each listed: a. Business name. i' b. The calendar years during which the business generated annual gross sales exceeding $100,000.00*. C. The actual gross sales* generated by the business for the calendar years listed in accordance wi:h paragraph (b) above. d. The mailing address and telephone number of th, agency responsible for the operation of the business, together with the name of the manager or other contact who will be able to confirm the accuracy of the data furnished by the bidder is responsE! to this Question No. 6. BO—E; Timothy J. Rogers City Attorney CITY OF KENAI 210 FiAalgo Kenai. Alaska 99611 283 3441 FAX 2833014 * NOTE: All figures must be in U.S. dollars as valued during the calendar year to which reference is made. No inflation adjustment for intervening years is to be included. -7. Attach a description of other retail sales business(es) which the Bidder has operated since January 1, 1978. List only those business(es) which generated gross sales in excess of $100,000.00* per calendar year per single location. The description must include the following information for each such business: a. Location - Street address, city and state (country, if not located in the USA). b. Calendar years during which the business generated annual gross sales exceeding $100,000.00*. C. T!,e actual dross sales* venerated by the business for the calendar years listed in accordance with paragraph (b) above. d. The mailing address, telephone number, and contact name for a municipal government agency, CPA firm, or other independent source(s) that can confirm the accuracy of the data furnished by the Bidder in response to this ouestion No. 7. * NOTE: All figures must be in U.S. dollars as j valued during the calendar year to which reference is made, No inflation adjustment for intervening j years is to be incivaed. 8. Financial References: yttacn a list of at least two (2) banks or other financial institutions with whicri the Bidder regularly does business. Cnclude name and address of the banks or institutions as well as the name and telephone number of an officer of each who can j verify the Bidder's financial standing. j 9. Attach financial statements (balance sheets and operating statements, if available, or annual reports, if bidder is a corporation) for 1985, 1986, and 1987. The financial statement for 1987 must be subscribed by the Bidder's chief financial officer and be accompanied BQ-7 Timothy J. Rogers City Attorney CITY OF KENAI 210 Fidalgo Kenai. Alaska 9%11 283 3aa 1 FAX 283 3014 by a Certified Public Accountant's report for that year. _f they Bidder's 1987 financial statement was not audited by a CPA firm, a copy of the Bidder's 1987 tederai tax return rust be submitted. if the 3idder is a new partnership or joint venture, submit only the financial statements of the business enmity which meets the experience and financial requirements of this bid offering. The undersigned hereby vouch for the truth and accuracy of al! of the statements, answers, and representations made in this questionnaire, including all supplementary statements attached hereto. (If Bidder is a partnership or joint venture, all oartneTs or ~embers of the joint venture ,:lust sign; if Bidder is a norpora-ion, the signature o: one du y autnorized representative is sur=icient.) Title Ti t a Title —it._ e Title DATE: �I l BO-8 Timothy I Rogers C,1y Attorney CITY OF KENAI "0 F0Ag0 K"" A Ns" 94%1 1 N3 3" 1 FAX283 W4 Timothy J. Rogers Oty Attorney CITY OF KENAI 210 Fltlalgo Kenai, AlaSka99611 2833441 FAX 283 3014 210 FIDALGO STREET KENAI, ALASKA 99611 GIFT SHOP CONCESSION AGREEMENT KENAI MUNICIPAL AIRPORT TERMINAL BUILDING THIS AGREEMENT, made this day of , 1989, by and Detween the City of Kenai, hereinafter referred to as the "CITY", whose address is 210 Fidalgo Street, Kenai, Alaska, 99611, and f whose address is hereinafter referred to as the "CONCESSIONAIRE." W I T N E S S E T H WHEREAS, the CITY owns and operates the Kenai Municipal I Airport, located in Kenai, Alaska, hereinafter referred to as the "AIRPORT"; and, I WHEREAS, in connection with the AIRPORT, the CITY owns the i Terminal Building, hereinafter re=erred to as the "TERMINAL"; and, WHEREAS, the CONCESSIONAIRE desires to operate a gift shop concession business; and, WHEREAS, the CONCESSIONAIRE was the successful bidder for the exclusive right to operate said gift shop concession business; NOW, THEREFORE, in consideration of t,1e premises and of the charges, Lees, covenants, and agreements contained herein, the parties nereby agree to all conditions as follows: ARTICLE I DEFINITIONS For the purposes of this agreement, the terms listed below will mean: A. "Agreement": This Concession Agreement together with all future amendments or supplements which may be executed by the parties to this Agreement. B. "Airport": The Kenai Municipal Airport, Kenai, Alaska as it presently exists as of the date of the execution of this Agreement. C. "Airport Manager": The CITY's designated Manager- at Kenai Municipal Airport. 1 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: Timothy J. Rogers City Attomey CITY OF KENAI 210 P ,Oatgo Kenai. Alaska 99611 D. "In -Bond Merchandise": Merchandise which United States Customs Service regulations (Title 19, Code of Federal Regulations) permit to be sold under duty or tax free conditions. E. "Terminal": The CITY's airline passenger term:Lnal building at 'the Airport, as it presently exists as of the date of the execution of this Agreement. F. "Food and Beverage for 'Off Premises Consumption'": Food and beverage items which are packaged and sold for later consumption by the customer outside the Terminal. G. "Premises": The TERMINAL floor space leased under this Agreement by the CITY to the CONCESSIONAIRE for the uses authorized in this Agreement, specifically to operate a gift shop concession business in a concession retail space; all as shown on Exhibit "A", attached hereto and mare a part hereof. H. "Specialty Fond Merchandise": Food items which have been prepared, packaged, and sold for Off -Premises consumption only, specifically: jams and jellies; boxed candies, nuts and fruits; fresn, frozen, canned, dried or preserved meat and seafood products. ARTICLE II RIGHTS GRANTED Insofar as the CITY is legally able to bind itself, the CITY hereby grants to the CONCESSIONAIRE, subject to the terms, conditions, and covenants contained herein, full authority to have and to exercise the following rights: A. EXCLUSIVE RIGHTS: The CITY hereby agrees not to permit, nor confer_ any right upon, any person or company other than the CONCESSIONAIRE to exercise the following "exclusive rights": 1. The exclusive right to use and occupy the Premises for the purposes authorized herein. 2. The exclusive right to operate a gift _shop concession business in the TERMINAL for the sale of gift merchandise including candy; maps; newspapers; watches; film; photographic accessories; beauty aids; toiletries; sunglasses; curios; jewelry; ivory; toys; sporting goods; hand crafts; art work; candy bars; clothing; sundries; traveler's aide,; postcards; Alaska souvenirs; specialty food 2 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: 2833441 FAX 283.3014 Timothy J. Rogers C,ly Allorney CITY OF KENAI 211)Fjdalgo Kenai, Alaska 99611 2833441 FAX 283 3014 merchandise; cigarettes and other tobacco products: pipes; lighters; leather goods; games; and stationery. 3. The foregoing exclusive rights specifically da_not include the following rights and privileges: a. The sale of food and beverage items prepared and sold for on -premises consumption. D. The sale of in -bond merchandise as defined in Article I herein. C. Any and all sales of merchandise from vending ,,11 machines or other mechanical devices, including, but not limited to, such items as: coffee and sort drinks, insurance policies, the dispensation of cash, money oraers and checks, and the like. 1p d. The sale of ice cream and other frozen confections of any kind. e. The sale of U.S. postage stamps, telex or __teletype services, copy services, and long distance telepnone services. f. The sale of any item or service for which the CITY has granted exclusive concession rights I ' to others as of March 1, 1989. g. 1-The sale of fresh flowers, potted plants, and other florist items. h. N The operation of any and all mechanicaa or electronic game devices, electronic video game devices, and any like entertainment devices. i. Use of the premises for any purposes which the CITY has not specifically authorized the CONCESSIONAIRE to perform under this Agreement. j. The sale of any item or service which is included in the exclusive bar or restaurant concessions the City is currently offering for lease. It is the sole responsibility of the bidder to inquire of the City which items and services are included in the exclusive restaurant and bar concessions now offered by the City. 3 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: Timothy J. Rogers City Attorney CITY OF KENAI 210 Fidaigo Kena -. Alaska 9%11 28334A 1 FAX 283 3014 B. GENERAL RIGHTS: 1. The right to ingress and egress and occupancy of the premises by the CONCESSIONAIRE, its officers, contractors, suppliers, service personnel, guest, patrons and invitees, subject to the security rules of the Airport. 2. The right to construct and install all fixtures, equipment and other improvements necessary to operate said concession, subject to the prior written approval of the CITY as provided herein. C . RESERVATIONS: 1. Other than the merchandise described in subsection A(2) of this article, no other product, merchandise, j or serv:Lce shall be sold by CONCESSIONAIRE without the prior written consent of the CITY. In the evens, any question or dispute arises as to the sale of any j specific item or category of items on the Premises, j the CITY shall be consiaered the final authority in j resolving any said question or dispute. Decisions rendered by the CITY in such questions or disp.-tes shall be delivered in writing to the CONCESSIONAIRE. I The CONCESSIONAIRE shall have the right to req�-.est j a CITY review of any such questions or disputes, provided the request is made in writing. 2. The CITY specifically reserves the right to grant to others the rights and privileges not specifically and exclusively granted to the CONCESSIONAIRE. The rights and privileges granted to the CONCESSIONAIRE in this Agreement are the only rights and privileges granted to the CONCESSIONAIRE by this Agreement. The CONCESSIONAIRE has no easements, rights, or privileges, express or implied, other than triose specifically granted by this Agreement. ARTICLE III TERM This Agreement shall be effective beginning However, the concession term during which the CONCESSIONAIRE is granted the exclusive rights specified under Article II herein and is authorized to operate the concession business hereunder shall begin on August 1, 1989, and shall terminate on July 31, 1997. 4 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: ARTICLE IV RENTS AND FEES y. For use of the premises, facilities, services, rights and privileges grantea by the Agreement, the CONCESSIONAIRE hereby agrees to pay to the CITY a mon._hly CC"' CESSIONAIRE' S fee of: 3. Pavments made under this Agreement must be free from all claims, demands, set -offs, or counterclaims of any kind against the CITY, and must be made in cash or by check, bank draft, or money order made payable to the City of Kenai and delivered or mailed to: Finance Director, City of Kenai, 210 Fidalgo Street, Kenai, Alaska, 99611, and snail _De in United States of America currency. i' an - and ail rents , cnaraes , tees , or of er considerations are due ana unpai a at the expiration, or volunT--ary or involuntary termination or cancellation of :his I Agreement will be a cna.rge against the CONCESSIONAIRE and nis property, real or personal, ana the CITY will have s1,:-n iun rights as are generally allowed by lam, and enforcement may be made by the CITY or its author_.zed ag nt. I O. Inter:st and penalties will accrue and be payable on all ` rents a-d fees due ana unpaid pursuant to Kenai Munic_,pal Coae 1 75.010, a copy u wnich is attaclied hereto and �! -ncorporazed herein as r_nibit "B". ARTICLE VI PERFORMANCE BOND The COANCESSIONAIRE here: ,T agrees to post a performance 0ond in the amount of $100,000.00 to assure payment of the fees during / the entire term os this Agreement as stipulated herein ana to assure compliance with all covenarits, conditions, or provis-ons �I contained herein. Said bond must be provided by the CONCESSIONAIRE in one of the following forms: A. A performance bond -amountn the amount of $100,000.00. Said bond must be in a corm acceptable to the CITY. The bond must be maintained and renewed by the CONCESSIONAIR as necessary to remain in force throughout the term of '-_his i Timothy J. Rogers C.ty Aftomev _ II 5 CITY OF KENAI 210 F+aaino K." Alaska 9gF 11 I 2833eat � FAX 2833Utd �� Agreement. The bond shall be subject to attachment, by thr. CITY upon the CONCESS10NAIRE's failure to pay any Fee required by this agreement within thirty (30) clays fo-lowing the date on which said fee becomes due and GIFT SHOP CONCESSION AGREEMuhT LESSOR: LESSEE: Timothy J. Rogers City Attorney CITY OF KENAI 210 Fioalgo Kenai. Alaska 99611 following the date on which said fee becomes due and payable. Further, the bond shall be subject to attachment by the CITY upon the failure by the CONCESSIONAIRE to cure a breach of any of the conditions, covenants, or provisions of this Agreement within thirty (30) days following the date on which the CITY serves the CONCESSIONAIRE with written notice of said breach. B. A cash depos�__t in the amount of $100,000.00 to be ±)eld by the CITY throughout the term of this Agreement wit;7out bearing interest. The cash deposit shall be subjecw to retention by the CITY upon the CONCESSIONAIRE's fai�ure to pay any fee required by this Agreement within th:Lrty (30) days following the date on which said fee becomes due and payable or upon the CONCESSIONAIRE' failurt? tc cure a breach of the conditions, covenants, or provisions of this Agreement within thirty (30) days following the dare on which the CITY serves the CONCESSIONAIRE t-7i.th writtan notice of said breach. Upon the expiration or termination cf this Agreement and performance of all the terms herein, said deposit will be refunded to CONCESSIONAIRE, less any outstanding, unpaid fees due under Article IV of this Agreement. C. A titre Certificate of Deposit (TCD) in the amount of $100,000.00 naming the CITY as the sole payee for the principal amcunt shown on the certificate. The TCD must be held by the CITY where it will remain until maturity. At the time of maturity, the TCD must be renewed by the CONCESSIONAIRE continuing to name the CITY as the role payee until this Agreement expires or is terminated and the CITY has determined that all fees have been paid and all covenants, conditions, and provisions have been met. CONCESSIONAIRE shall be shown as the sole payee for all interest accrued during each period of time the TCD is issued. At the time of the expiration or terminatioi of this Agreement, provided all fees have been paid and the CONCESSIONAIRE has complied with all covenants, conditions, and provisions contained herein, the iITY shall release the principal amount of the TCD to the CONCESSIONAIRES, less any outstanding, unpaid fees due under this Agreement. The CONCESSIONAIRE; must furnish the CITY with a copy of the bond, a cash deposit, or a TCD by no later than 1989. 6 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE; 2833441 FAX 283 3014 Timothy J. Rogers Cny Attorney CITY OF KENAI 10 Fioalg0 Kenai. Alaska 99611 ARTICLE VII PREMISES The CITY hereby agrees to deliver the Premises to the CONCESSIONAIRE as of August 1, 1989, following the execution of this Agreement by the CITY. CONCESSIONAIRE hereby agrees to accept the Premises demised under this Agreement in their then —present condition and "as is." It is hereby understood and agreed by CONCESSIONAIRE that the CITY's obligation hereunder is limited to making available to CONCESSIONAIRE, for its use, the Premises. However, in the event that construction delays in the current remodeling project delay the ability of the CITY to deliver the premises, this Agreement shall remain in force and effect. Said delay shall cause the CITY to pro -rate the amount of monthly rent due only. CONCESSIONAIRE acknowledges and hereby agrees that the CITY may require, at CONCESSIONAIRE'S expense, expansion of any concession are and/or require the relocation, in whole or in part, or the addition of any such area during the term of this Agreement upon a finding teat. such enlargement, relocation, and/or addition is necessary to provide for a gift shop facility in any area in the Terminal or to otherwise meet the demands of the air-traVE'ling public at said Airport. ARTICLE VIII CONSTRUCTION AND REMODELING A. I_yt_ai Construction/Remodelin y. _I an effort to better serve the needs of the travelers using the 'Terminal, the CITY has initiated an expansion and remodeling project for the Terminal. 2. Tale CONCESSIONAIRE hereby acknowledges the importance of said project and hereby agrees to cooperate with the CITY and the CITY's contractor(s) throughout the project, including those segments of the project which .relate to the construction or remodeling of retail space. The CITY hereby agrees to minimize the adverse impact or the construction on the CONCESSIONAIRE's business to the extent possible. However, the CITY may not be field responsible by the CONCESSIONAIRE for inconveniences, business interruption, or sales losses resulting from said construction unless said inconveniences, interruptions, or losses result from proven negligence by the CITY. 7 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: 2833441 FAX 283 3014 Timothy J. Rogers City Attorney CITY OF KFNAI 210 f,Aalao Kenai. Alaska 99611 B. General Construction Requirements: 1. Any alterations, construction, or improvements desired by the CONCESSIONAIRE of the Premises rust be neat, presentable, and compatible with the architecture of the building, as determined by the CITY, and must be performed at no cost to the CITY. 2. Before beginning construction of any improvements on the Premises, the CONCESSIONAIRE must first submit detailed drawings of the proposed construction and obtain the written approval of the CITY. If requested by the CITY, the CONCESSIONAIRE shall also submit architectural renderings of the proposed improvements as well as samples of materials and colors. 3. CITY shall review and approve or disapprove the proposed construction and transmit said approva- or disapproval in writing to the CONCESSIONAIRE. a. Within thirty (30) days after completion of any constructions of placement of improvements upon the Premises, the CONCESSIONAIRE shall deliver to the CITY detailed copies of as -built drawings showing the location and dimensions of improvemesnts placed or constructed on the Premises by the CONCESSIONAIRE. C . Owners ---p : Upon the installation of any structural or other concession improvements, including, but not limited to, interior walls, ceilings, carpeting, draperies, :finished flooring, electrical wiring, air-conditioning ducts and equipment, concession furnishings of such nature as cannot, in the Airport Manager's opinion, be removed without structural damage to the Premises, and all interior decoration and finishing erected or installed by CONCESSIONAIRE upon the Premises, title thereto shall past in the CITY. ARTICLE IX CONCESSION MERCHANDISE/OPERATION OF CONCESSION SERVICES CONCESSIONAIRE understands and agrees that its operation under this Agreement is a service to airline passengers and the users of the Airport. CONCESSIONAIRE also understands and agrees that the ability of the CITY to effectively operate the Airport, and to promote tourism to the CITY, depends in part upon the quality of 8 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: 283 1441 FAX 283 3014 Timothy J. Rogers City Alto,ney CITY OF KENAI 210 F,aalgo Kenai, Aiaska 9%11 CONCESSIONAIRE's services and the attractiveness of its prices. Accordingly, CONCESSIONAIRE shall conduct its operation in a first- class, businesslike, efficient, courteous, and accommodating manner. Therefore, at all times during the term of this Agreement, the CONCESSIONAIRE will strictly comply with the following conditions and requirements. A. Business Development: CONCESSIONAIRE covenants to take all reasonable measures in every proper manner to maintain and develop the business conducted by it and that CONCESSIONAIRE will not divert or cause or allow by its own actions any business to be diverted from the Terminal. B. Orderly Operation: The CONCESSIONAIRE must conduct all operations and business on the Airport in an orderly and peaceful manner and will not interfere with ocher tenants, users, or occupants of the Airport. C. Merchandise: CONCESSIONAIRE shall at all times otfer the widest possible selection of gift merchandise and maintain sufficient inventories to accommodate customer demand. The CITY agrees that the selection of merchandise items within the concession rights granted by this Agreement shall be within the CONCESSIONAIRE's discretion; subject, however, to disapproval by the .ITY if, .n its sole determination, the selection of items of`_er a is inadequate or items being offered are not wit'. -.in the concession rights granted by this Agreement or items being carried are not in good taste considering the pub-ic nature of the Terminal. The CITY agrees to meet aria confer with the CONCESSIONAIRE in such cases of disapproval by the CITY, but the CONCESSIONAIRE hereby acknowledges that the decision of the CITY in such cases shall be conclusive. D. Mandatory Merchandise: As a part of the consideration of this Agreement, and in addition to other merchandise, the CONCESSIONAIRE offers for sale on the Premises, the CONCESSIONAIRE must display and offer for sale the jr following merchandise at each of its gift merchandise retail locations on the Premises: 1. A good selection of gift and souvenir items which have been made in the State of Alaska, including but not limited to gold nugget jewelry; soapstone; ivory and jade carvings; specialty food merchandise; and Alaska Native curios, artifacts, and handcrafts. 2. A good selection of sundry items and traveler convenience items including, but not _limited to 9 - GIFT SHOP CONCESSION AGREEMENT LESSOR: _ LESSEE: 2833441 FAX 283 3014 Timothy J. Rogers City Attorney CITY OF KENAI 210 Flaaigo Kenai Ala$ka 99611 cosmetics; health and beauty aids; toiletr:L.es; facial tissues; patent medicines; and film. E. Product Ouality: The CITY, in entering into -his Agreement, has foremost in mind to provide the air traveler with facilities, service, and products of the y highest qua'lity. The C01gC°EBS1V A1h7E will therefore handle only merchandise and products which are of highest quality, subject to the continuing review and approval of the Airport Manager. F. Reasonable Pricing: The CONCESSIONAIRE will also furnish all products and services authorized hereunder to its customers and patrons upon a fair, equal, and non- discriminatory basis and charge fair, reasonable, and /+',non-discrimir.Iatory prices for each unit of product. or C service. All. prices shall be subject to the continuing review and approval of the Airport Manager. The Airiaort Manager's pricing review shall be based on comparisons of ^rices charged for similar items in similar establishments located within the city limits of Ke,aai, Alaska. G. hours of Operation: For the purposes of this Article, the term scheduled passenger flignts will include: - All regularly scheduled flights. Al other passenger flights for which the CONCESSIONAIRE has been given at least seven (7 ) calendar .,days notice prior to arrival. 1. The CONCESSIONAIRE will actively operate concessions authorized by this Agreement so as to best serve the ' ) needs of airline passengers. The CONCESSIONAIRE shall prepare a written schedule of the operating l hours and submit the schedule to the Airport Manager for approval. The schedule must provide for operation to serve all scheduled passengers' flights operating to or from the Terminal. 2. If the CONCESSIONAIRE is able to demonstrate with supporting data that operating the concession to meet all scheduled passenger flights, is not profitable or economically feasible and is not. in the best interest of the CITY, the CONCESSIONAIRE may request a waiver of the requirement to meet all scheduled flights. The Airport Manager's approva /disapproval shall be based on serving the needs of the public. The CONCESSIONAIRE hereby agrees to adhere to the schedule of operating hours approved by the Airport Manager. 10 - GIFT SHOP CONCES13TON AGREEMENT LESSOR: _ LESSEE: 283 3441 FAX 283 3014 Timothy J. Rogers Cty Allorney CITY OF KENAI 210 Fioalgo Kenai. Alaska 99611 3. Except :in cases of emergencies, the CONCESSIONAIRE must obtain the approval of the Airport Manager prior to any special periods of retail concession space closure for repairs, maintenance, construction, or other reasons. H. Continuous O�)eration: Subject to Subsection (F) of this rL%v' Article, the CONCESSIONAIRE hereby agrees to operate p `( throughout the term of this Agreement on a continuous basis, uninterrupted by any period of closure to �( passengers on scheduled passenger flights using the Terminal. Provided that the provisions of this �r5 subsection will not apply to any period during which the 1_rl_ `, eCONCESSIONAIRE is unable to operate his business on the Premises as a result of an act or directive of the CITY or other hicrher authority or as a direct result of a natural disaster which effects the tenability of the Term,nai. I. Sales Receipts: Sales receipts for each and every sales transaction must be given to the customer. Sales receipts must clearly identify CONCESSIONAIRE by name, address, and telepnone numner. J. Automated Accounting Equipment: The CONCESSIONAIRE shall install and use automated accounting equipment which is acceptar)le to the CITY to accurately and completely recore all cash and credit transactions. i K. Premises Ilalntenance: The CONCESSIONAIRE shall be responsible for the day-to-day maintenance of the Premises, including janitorial services and trash collection. The COCESSIONAIRE shall maintain the Premises in good repair and Eppearance and in a safe condition at all times. The CONCESSIONAIRE shall do or cause to be done without delay all those things which, in the opinion of the Airport Manager, are necessary or desirable in the interest of safety or to maintain the Premises in good repair and appearance. X PERSONNEL CONCESSIONAIRE shall maintain an adequate sales force on the Premises and use the utmost skill and diligence in the conduct of CONCESSIONAIRE's business in the Premises. 11 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: 2633441 ! FAX 263 3014 Timothy J. Rogers City Attorney CITY OF KENAI 210 FiAaigo Kena+.Alaska 99611 The CONCESSIONAIRE shall, in the operation of the concession authorized under this Agreement, only employ or permit the employment of personnel that will assure a high standard of service to the public. All of the CONCESSIONAIRE's personnel, whilE- on duty in the Terminal shall be neat in appearance and courteous at all times and shall be appropriately attired with badges or other suitable identification. No personnel employed by the CONCESSIONAIRE while on or about the Premises will be permitted to use improper language, act in a loud, boisterous, or otherwise improper way or to be permitted to solicit business in an inappropriate manner as determined by the Airport Manager. The CONCESSIONAIRE; shall select, appoint, and properly train a manager who will be responsible for the general day-to-day operations under this, Agreement. Such person must be an outstanding, highly qualified and experienced manager or supervisor of gift shop operations, vested with full power and authority to accept service of all notices provided for herein and regarding operation of the concession business herein authorized, including the quality and prices of merchandise and the appearance, conduct, and demeanor of CONCESSIONAIRE's agents, servants, and employees. Said manager shall be assigned to a duty station or office at the Airport wnere he shall ordinarily be available during reg',llar business hours and where, at all times during his absence, a responsible subordinate! shall be in charge and available. ARTICLE XI CITY'S RIGHTS OF ACCESS AND INSPECTION CITY, by its officers, employees, agents, representatives, and contractors, shall have the right at all reasonable times to enter upon the Premises for the purpose of inspecting the same, for observing the performance by CONCESSIONAIRE of its obligations under this Agreement or for doing any act or thing which the CITY may be obligated to do or have the right to do under this Agreement, or otherwise, and no abatement of fees and charges shall be claimed by or allowed to CONCESSIONAIRE by reason of the exercise of such right., Except in the case of an emergency, all inspections will, be coordinated with the CONCESSIONAIRE in order to minimize interference with the CONCESSIONAIRE's activities on the Premises. CONCESSIONAIRE shall assure CITY of emergency access to the Premises either by delivering keys to the Premises to the Airport Manager or by providing emergency telephone numbers by which CONCESSIONAIRE or CONCESSIONAIRE's agent may be reached on a twenty-four hour basis. Without limiting the generality of the foregoing, the CITY, by its officers, employees, representatives, and contractors, shall 12 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: 2833441 FAX 283 3014 Timothy J. Rogers City Attorney CITY OF KENAI 210 Ftdalgo Kenai, Alaska 99611 have the right, but not the obligation or responsibility, for the benefit of CONCESSIONA:RE or for the benefit of others at Airport, to maintain existing and future utility systems or portions thereof _.on the Premises, including therein, without limitation therecf on the Premises, including therein, without limitation thereto, systems for the supply of heat and electricity and for the furnishing of fire alarm, fire protection, sprinkler, air conditioning, telephone, telegraph, tele-register, and intercommunication services, and to maintain lines, pipes, mains, wires, conduits, and equipment connected with or appurtenant to all such systems, and to enter upon the Premises at all reasonable times to make such repairs, alterations, and replacements as may, in the opinion of Airport Manager, be deemed necessary or advisable and, from time to time, to construct or install over, in, under, or through the Premises new lines, pipes, mains, wires, conduits, and equipment; provided, however, that such repair, alteration, replacement, or construction shall not unreasonably interfere with the use of the Premises by CONCESSIONAIRE and provided further that nothing herein shall be so construed as relieving CONCESSIONAIRE of any obligation imposed upon it herein to maintain the concession areas and the improvements and utility facilities therein. At any time, and from time to time, during ordinary business hours, within twelve (12) months preceding the expiration of the term of this Agreement, CITY by its agents and employees, whether or not accompanied by prospective concessionaires, occupiers, or users of the Premises, shah have the right to enter thereon, for the purpose of exhibiting and viewing all parts of the same. ARTICLE XII CITY SERVICES The City covenants and agrees to do the following: A. To maintain the structure of the Terminal, the exterior roofs and exterior walls. B. To wash all exterior *.windows, and clean and maintain the public areas in the Terminal. C. To maintain the electrical, public address, plumrling, and heating systems on the Premises and in the Terminal in good condition and repair except that the CITY may refuse to maintain any systems installed on the Premises by the CONCESSIONAIRE and may charge the CONCESSIONAIRE for any repair resulting from the CONCESSIONAI:RE's negligence. N. The CITY reserves the right to enter onto the Premises to make any repair or alterations necessary to the proper ftinctioning of the terminal building without liability 13 - GIFT SHOP CONCESSION AGREEMENT LESSOR: _ LESSEE: 283 3441 FAX 283 3014 Timothy J. Rogers Gly Attorney CITY OF KENAI 210 FAalgo Kenai. Alaska 99611 to the CONCESSIONAIRE for any damage to the Premises. As a result of any entry pursuant to this provision, the CITY will only be liable for its own negligence and for returning the Premises to their former condition using standard materials. E . The CONCESSIONAIRE hereby expres-sly wa-ives any and all claims and holds the CITY harmless for damages arising or resulting from failures or interruption of utility services furnished by the CITY herein including but not. limited to stoppages in electrical energy, the quantity or temperature of water, space heating, or for the failure or interruption of any public or passenger conveniences. ARTICLE XIII LAWS AND TAXES A. This Agreement is issued subject to all requirements of the laws and regulations of the City of Kenai relating to the leasing of lands and facilities and the granting of privileges at airports. B. At no expense to the CITY, the CONCESSIONAIRE will conduct all activities or business authorized by this Agreement in compliance with all federal, state, local, ana Airport laws, ordinances, rules and regulations now or hereafter in force which may be applicable to the activities or business authorized herein or to the use, care, operation, maintenance, and protection of the Airport, including but not limited to matters of health, safety, sanitation, and pollution. The CITY shall :lot be liab.�e to CONCESSIONAIRE for any diminution or deprivation of CONCESSIONAIRE's rights hereunder on account of the exercise of any such authority, nor shall - CONCESSIONAIRE be entitled to terminate the whole or any portion of this Agreement by reason thereof. C. The CONCESSIONAIRE shall obtain all necessary licenses and permits, pay all taxes lawfully imposed upon the Premises, and pay any other fees and charges assessed under applicable public statutes or ordinances. D. In any disputes between the parties, the laws of the State of Alaska will govern and any lawsuit must be brought in the State courts of Alaska. E. The CONCESSIONAIRE agrees to notify the CITY of any claim, demand, or lawsuit arising out of the CONCESSIONAIRE'S occupation or use of the Premises. Upon 14 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: 283 3441 FAX 283.3014 L) 1 Timothy J. Rogers C+tyAtIOmey CITY OF KENAI 210 Fufalgo Kenai. Ala,,ka 99611 the CITY's request, the CONCESSIONAIRE will cooperate and assist in the investigation and litigation of any claim, demand, or lawsuit affecting the Premises. F. If CITY shall, without any fault, be made a part to any litigation commenced by or against CONCESSIONAIRE arising out of CONCESSIONAIRE's use or enjoyment of the Premises or arising out of the rights authorized by this Agreement and as a result of which CONCESSIONAIRE is finally adjudicated to be liable, then CONCESSIONAIRE shall pity all costs and reasonable attorney's fees incurred by or imposed upon the CITY in connection with such litigation. ARTICLE XIV INSURANCE A. The CONCESSIONAIRE shall indemnify, defend, and hold the CITY harmless from all liability, action, claim, suit:, loss, property damage, or personal injury of whatever kind resulting from or arising out of any act of comm-.ssion by the CONCESSIONAIRE, his agents, employees, or customers or arising from or connected with the CO-NCESSIONAIRE's use and occupation of the Premises or the exercise of the rights and privileges granted by th::_s Agreement. KM 1. At no expense to the CITY, the CONCESSIONAIRE sha=:.l secure and keep in force during the term of th_s Agreement adequate insurance to protect both the City and the CONCESSIONAIRE in at least the following types and amounts: a. Workers' Compensation Insurance in the amount's and form required by the Workmen's Compensation Act and the insurance laws of Alaska. b. Comprehensive General Liability Insurance with limits not less than $ each occurrence Combined Single Limit Bodily Injur y and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations Coverages. Said policy shall include coverage of CONCESSIONAIRE's independent contractors. C. Comprehensive Automobile Liability Insurance with limits not less than $1, 000, 000.00 each occurrence Combined Single Limit Bodily INjury and Property Damage, including employer's non - ownership liability and hired auto coverages. 15 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: 2832441 FAX 283 3014 Timothy J. Rogers City Attorney CITY OF KENAI 210 FIda1QD Kenai. Alaska 99611 d. Property insurance on CONCESSIONAIRE and CITY improvements, fixtures, and equipment and insuring against the perils of fire, "Lightning, extended coverage perils, vandalism, and malicious mischief on the Premises in an amount equal to the full replacement value of CONCESSIONAIRE and CITY improvements, f ixtures, and equipment. Said policy or policies shall contain a loss payable endorsement in favor of the parties hereto as their respective interests may appear. "Full replacement value" shall be determined by a qualified appraiser at the time said improvements are initially insured and shall be redetermined annually thereafter throughout the term of this Agreement. It shall be CONCESSIONAIRE's responsibility to obtain said redeterminations. Moth CONCESSIONAIRE and CITY shall be promF-ly notified of the results of said redeterminations and CONCESSIONAIRE shall immediately thereafter adjust the amount of the insurance coverage to correspond with each redetermination of full replacement value. 2. The CONCESSIONAIRE shall provide the CITY with proof of insurance coverage in the form of an insurance policy or a certificate of insurance coverage, approved by the CITY, together with proof that the premiums have been paid. Comprehensive General Liability Insurance, Comprehensive Automobile Liability Insurance, Gross Earnings Business Interruption Insurance and Property InsurEiace policies shall be endorsed to provide the following: a. Name of the CITY as an additional insured; a.nd, b. Provide that the CITY be notified at least thirty (30) days prior to any termination, cancellation, or material change in the insurance coverage; and, C. Include a waiver of subrogation by which the insurer waives all rights of subrogation against the CITY for payments made under the policy. 3. The requirement of insurance coverage will not relieve the CONCESSIONAIRE of any other obligations under this Agreement. 16 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: 283 3441 FAX 283 301A Timothy J. Rogers Crty Attomey CITY OF KENAI 210 Fldalgo Kenai. Alaska 9%11 4. Certificates of insurance evidencing all coverages and endorsements above shall be furnished to the CITY prior to commencement of any operations under this Agreement. 5. CONCESSIONAIRE agrees that the terms of these insurance requirements may be increased and revised upon the written demand by the CITY, which demand must be based on reasonable and justifiable grounds. ARTICLE XV CANCELLATION A. Cancellation bv- CITY. The CITY may cancel this Agreement i and recover possession of the Premises by giving the CONCESSIONAIRE thirty ( 30 ) days prior written notice upon the ;happening of any of the events listed below, unless -he ~reach is cured within saia thirty (30) days: 1. The CONCESSIONAIRE's failure to pay when due the rents, fees, penalties, etc., specified in this Agreement, including any increases made pursuant to this Agreement. 2. The return of checks for insufficient funds for payment of` rents or fees. 3. The use of the Premises by the CONCESSIONAIRE fcr purposes not authorized by this Agreement. 4. The Filing of a petition in bankruptcy by or against the CONCESSIONAIRE. 5. Th.e entry by any court of a judgment of insolvency against the CONCESSIONAIRE. 6. The appointment of a trustee or receiver for the CONCESSIONAIRE's assets in a proceeding brought by or against: the CONCESSIONAIRE. 7. The filing of any lien against the Premises because of any act or omission of CONCESSIONAIRE and such lien is not removed, enjoined, or a bond for satisfaction of such lien is not posted within sixty (60) days or 8. The levy of any attachment or execution, or tie appointment of any receiver, or the execution of any other process of any court of competent jurisdiction which is not vacated, dismissed, aV 17 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: 2833441 FAX 28:1 3014 Timothy J. Rogers City Attorney CITY OF KENAI 210 F.tlalgo Kenai. P.laska 9%11 set aside within a period of ninety (90) days and which does, or as a direct consequences of s,ich process will, interfere with CONCESSIONAIRE's ise of the Premises or with its operations under t'nis Agreement:. 9. "The failure of the CtMCESMVNA=1RE to operate -the business authorized in this Agreement for a period of more than fourteen (14) consecutive calendar days. 10. Cessation or deterioration of any service for any period which, in the determination of the CITY, materially and adversely affects the operation of service required to be performed by CONCESSIONAIRE under this Agreement. 11. The failure of the CONCESSIONAIRE to perform any provision or covenant in this Agreement. No waives- by the CITY at any time or any default on the part of CONCESSIONAIRE in the performance of any of the terms, covenants, or conditions nereof to be performed, kept, or observed by CONCESSIONAIRE shall be, or L✓e construed to be, a waiver at any time th--reafter by the CITY of any other or subsequent die fault in performance of any of said ter7;s, covenants, or conditions, and no notice by the CITY shall be required to restore or revive time as of the essence hereof after waiver by the CITY of default in one or more instances_ The granting of a waiver by the CITY of any provision or covenant in this Agreement cannot be enforced or relied upon unless the waiver is 'gin writing signed on behalf of the CITY. B. CITY's Right of Re -Entry. The CITY shall, as an additional remedy, upon the giving of written notice of cancellation or termination as above provided, have the right to re-enter the Premises and every part thereof on the effective date of cancellation or termination without further notice of any kind, remove any and all persons therefrom, and may regain and resume possession either with or without the institution of summary or legal proceedings or otherwise. Such re-entry, however, shall not in any manner affect, alter, or diminish any of the obligations of CONCESSIONAIRE under this Agreement. C. Rights of the CITY. The CITY, upon termination or cancellation of this Agreement, or upon re-entry, regaining or resumption of possession of the Premises, 18 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: 283 3441 FAX 283 3014 Timothy J. Rogers Gty Al torney CITY OF KENAI 210 F+aaigo Kenai. Alaska 99611 may occupy the Premises and shall have the right to permit any person, firm, or corporation to enter upon the Premises and use the same. Such occupation by others may be of only a part of the Premises, or the whole thereof or a part thereof, together with other space, and for a period of time the same as or different from the balance of the term remaining hereunder, and on terms and conditions the same as or different from those set forth in this Agreement. The CITY shall also have the right to repair or to make such structural or other changes in the Premises as are necessary in its judgment to maintain the suitability thereof for uses and purposes similar to those granted under this Agreement without affecting, altering, or diminishing the obligations of CONCESSIONAIRE hereunder. D. Survival of CONCESSIONAIRE's Obligations. In the event this Agreement is terminated or cancelled by the CITY, or in the event the CITY re-enters, regains, or resumes possession of the Premises, all of the obligations of CONCESSIONAIRE hereunder shall survive and shall remain in full force ana effect for the full term of this Agreement. And, subject to the City's obligation t:o mitigate damages, the amount of the fees and charges shall become due and payable to the CITY to the same extent, at the same time and in the same manner as if no termination, cancellation, re-entry, regaining or resumption of possession nad taken place. The CITY may maintain separFLte actions to recover any monies then due, or ar its ootion and at any time, may sue to recover the full deficiency. E. Surrender o Possession. CONCESSIONAIRE covenants and agrees to yield and deliver possession of the Premises to tine CITY on the date of the termination, cancellation, or expiration of this Agreement promptly, peaceably, quietly, and in as good order and condition as the same now or may be hereafter improved by CONCESSIONAIRE or the CITY, reasonable use and wear and tear thereof excepted. The CONCESSIONAIRE shall be allowed a minimum of ten (10) calendar days following the effective date of the cancellation of the Agreement within which to remove all of the CONCESSIONAIRE's personal property, equipment, furniture, and fixtures from the Premises. The CONCESSIONAIRE and the CITY agree, as part of the consideration for this Agreement, that all property remaining on the Premises after the expiration of said ten (10) calendar days will become the sole property of 19 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: 283 lag 1 FAX 283 3014 Timothy J. Rogers City Attorney CITY OF KENAI 210 F,dalpo Kenai. Alaska 99611 the CITY, with full title vested in the CITY, and the CITY may remove, modify, sell, or destroy the property as it sees fit.. ARTICLE XVI TRANSITION AT EXPIRATION OF AGREEMENT A. Special Definitions for this Article Only: The following are for the purposes of this Article only. 1. Turnover is defined as midnight of the day on which the CONCESSIONAIRE's leasehold interests, concession rights, and operational responsibilities under this Agreement: end as a result of the expiration of this Agreement-- or termination of hold -over as covered tinder Article XVIII, General Covenant "G". 2. Transition is defined as the period of activities prior to turnover during wnich the concession described in this Agreement is turnea over to a succeeding CONCESSIONAIRE. B. The CITY and the CONCESSIONAIRE mutually acknowledge and agree that upon the expiration, cancellation, or termination of this Agreement, the CITY has the right to award any subsequent concession agreement to the most favorable bidder at a public auction or by any other legal means t;Zen availab].e to the CITY. C. CONCESSIONAIRE understands and acknowledges that it is not practical or possible to predict exactly what the transition schedule and procedures should be to best serve the needs of the traveling public and the CITY upon the expiration of this Agreement. Therefore, as part of the consideration for this AgreenLent, the CONCESSIONAIRE hereby agrees that the CITY has the right to determine what the transition schedule and procedures shall be so that needs of the traveling public and the CITY are best served. CONCESSIONAIRE hereby acknowledges and agrees that the transition plan determined by the CITY to best serve the needs of the traveling public and the CITY may: 1. Require the CONCESSIONAIRE to remove from the Premises all or any portion of the CONCESSIONAIRE's fixtures, furniture, and equipment. In that event, the CONCESSIONAIRE hereby agrees to remove said items at. no cost to the CITY or the succeeding CONCESSIONAIRE. 20 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: 2833441 FAX 283 3014 I Require the CONCESSIONAIRE to sell to the succeeding CONCESSIONAIRE all or any portion of the CONCESSIONAIRE's furniture, fixtures, and equipment, excluding the CONCESSIONAIRE's computer equipment, cash registers, and merchandise. In that event, the CITY may require the CONCESSIONAIRE to furnish, at its sole expense, an appraisal(s)to establish the sale price of said items. Any such appraisal(s) shall be prepared in the manner directed by the j CITY, shall be submitted by the date specified by jI the CITY, and shall be subject to the approval of the CITY. The CITY :hereby agrees to provide the CONCESSIONAIRE ! with written notice of the transition plan determined by the CITY to best serve the needs of the traveling public and the CITY at least six (6) calendar months prior to turnover. The CONCESSIONAIRE hereby agrees to diligently execute the transition plan determined by the CITY, to abide by the time schedule, and to cooperate completely with the CITY and the succeeding CONCESSIONAIRE in carrying out said transition plan. ARTICLE XVII ASSIGNMENT OR SUBLEASE i A. The CONCESSIONAIRE will not mortgage, hypothecate, or otherwise encumber or assign, the concession rights herein created, nor will the COIICESSI014AIRE sublet or sublease the Premises in whole or in part without the pr:Lor written consent of the CITY, which consent will be freely given and not unreasonably withheld if the assignee or sublessee possesses substantially the same qualifications as to business ability and financial responsibility as the CONCESSIONAIRE. Any attempted assignment, mortgage, hypothecation, or encumbrance of the concession rights; any subletting or subleasing of the whole or any part of the Premises; or other violations of the provisions of this Article will be null and void and conter no right, title, or interest in or to this Agreement nor right of occupancy of 'the whole or any portion of the Premises upon any such assignee, mortgage, encumbrancer, pledgee, or other lienholder, subtenant, successor, or purchaser. i B. Any proposed assignment, lease, sublease, or subcontract must be submitted to the CITY for approval in tour (4) j copies, each bearing the original notarized signature of Timothy J. Rogers CityAnofrWy 21 - GIFT SHOP CONCESSION AGREEMENT LESSOR: CITY OF KENAI i LESSEE: 210 Fidaigcl Kenai. Alaska 9%11 28:1 3441 FAX 283 3014 Timothy J. Rogers C4ty Atlorney CITY OF KENAI 210 FF Aalgo Kenai. Alaska 99611 all parties. All covenants and provisions in this Agreement extend to and bind the legal representatives, successors, and assigns of the parties. C. The CITY will not withhold its consent to an assignment of this contract by the CONCESSIONAIRE unreasonably. ARTICLE XVIII GENERAL COVENANTS A. Execution by CITY. This Agreement is of no effect until it has been signed by the City Manager for the City of Kenai. B. Approval by CITY. Any approvals required of the CITY by this Agreement: will not be unreasonably withheld. C. Notices. Any notice required by this Agreement must be hang r,ei_vered or sent by registered or certified mail to the appropriate party at the address set forth on page one of this Agreement or to any other address which the parties subsequently designate in writing. D. Modification. The CONCESSIONAIRE hereby agrees to any modification the CITY may make to this Agreement to meet the revised requirements of federal or State grants, the operat.icri of the Airport, or to conform to the requiremients o.f any revenue bond covenant to which the CITY 7s a parr.sl. Provided, that a modification may not act to reduce the rights or privileges granted the CONCESSIONAIRE by this Agreement nor act to cause the COINCESSIONAIRi. financial loss. No modification or amendments of this Agreement is effective unless in writing and signed by the parties. E. Bid Documents. It is expressly understood and agreed that the Invitation For Bids, Instructions to Bidders, the basic bid specifications, including any addenda thereto, the Bidder's Affidavit and the bond or other security deposit required under said instructions are hereby made a part of this Agreement, and each of the parties hereto does hereby expressly covenant and agree to carry out and fully perform each and all of the provisions o° said documents upon its part to be performed. F. Interrplation,ship of Prov7.slons. The articles, general covenants, special covenants, supplements, addenda, and drawings attached as exhibits are essential parts of this Agreement and are intended to be cooperative, to provide 22 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: 293 3441 FAY 283.3014 Timothy J. Rogers City Altorney CITY OF KENAI 210 Fidalgo Kenai, Alaska 99611 for the use of the Premises, and to describe the respective rights and obligations of the parties to this Agreement. In case of a discrepancy, figures dimensions govern over scaled dimensions unless obviously incorrect. Special covenants govern over articles, both of which govern over general covenants. G. Holding Over. If the CONCESSIONAIRE holds over and remains in possession of the Premises after the expiration of this Agreement without a written renewal, the holding over will not operate as a renewal or extension of the term of this Agreement, but only creates a tenancy from month to month, regardless of any rent payments accepted by the CITY. The CONCESSIONAIRE's obligations for performance under this Agreement will continue until the month -to -month tenancy is terminated by the CITY. The CITY may terminate the month-to-morith tenancy at any time by giving the CONCESSIONAIRE at least ten (10) days prior written notice. H. Validit•r of Parts. If any provision or covenant of this Agreement is declared to be invalid by a court of competent jurisdiction, the remaining covenants and provisions will continue in full force. I Conflicts Between Concessions. In the event or a conflict between the CONCESSIONAIRE and any other tenant, lessee, or CONCESSIONAIRE on the airport as to services to be provided by respective CONCESSIONAIRE or lessens, the CITY will decide which services may be provided by who:. COPICI:SSIONAIRE agrees to be bound by such decision, subject to any rights CONCESSIONAIRE may have to seek judicial relief. J. Advertising. The display by the CONCESSIONAIRE of any signs, advertising, or similar matter in the Terminal with the prior approval of the Airport Manager is hereby prohibited. K. Radio Interference. At the CITY's request, the CONCESSIONAIRE shall discontinue the use of any machine or device which interferes with any government operated transmitter, receiver, or navigation aid until the cause of the interference is eliminated. L. Discrimination. The CONCESSIONAIRE covenants and agrees that discrimination on the grounds of race, color, religion, national origin, ancestry, age, or sex, will not be permitted against any patron, employee, applicant for employment, or other person or group of persons in any manner prohibited by Federal or State law. The 23 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: 2F3 3441 FAX 283 3014 Timothy J. Rogers City A11orney CITY OF KENAI 210 F�08l90 Kenai. Alaska 9%11 CONCESSIONAIRE recognizes the right of the CITY to take any action necessary to enforce this covenant, including actions required pursuant to any Federal or State law. M. Affirmative Action. The CONCESSIONAIRE agrees that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person will be excluded from participating in any employment activities covered by 14 CFR Part 152, Subpart E on the ( grounds of race, creed, color, national origin, or sex. The CONCESSIONAIRE hereby agrees that no person shall be !' exclude on these grounds from participating in or receiving the services or benefits of any program or activity covered by said subpart. The CONCESSIONAIRE further agrees that it will require that its covered suborganization(s) provide assurance to the CITY to ':he same effect t:aat they will also undertake affirmative action programs and require assurances from th(�ir suborcani zati.cns, as required by 14 CFR Part 152, Subp;irt N. National E'mercency. In case of any national emergency decLared by the Federal Government, the CONCESSIONAIRE j may not hold the CITY liable for any inability to perform ! any part of this Agreement as a result of the national emergency. ' 0. Disasters. If, in the determination of the CITY, fire, flood, earthquake, or other casualty damages the Terminal so extensively as to render it untenantable, either party may elect_ to terminate this Agreement upon written not--ce to `he other party. In the event of such termination, the rent payable under this Agreement must be prora`.ed UP to the time the Terminal becomes untenantable. P. Condemnation. If the Premises are condemned by any proper authority, the term of this Agreement will end on the date the CONCESSIONAIRE is required to surrender possession of the Premises. The CITY is entitled to all the condemnation proceeds except the CONCESSIONAIRE will be paid the portion of the proceed attributable to the fair market value of any improvements placed on the Premises by the CONCESSIONAIRE according to -he provisions of 17 AAC 40.330, amended. Rent will also be adjusted according to the provisions of 17 AAC 40.330, as amended. 24 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: 2833441 FAX 283 3014 Timothy J. Rogers Cny Attorney CITY OF KENAI 210 Fidalqo Kenai, Alaska 99611 283-3441 FAX 283 3014 Approved as to lease form by City Attorney. Approved by Finance Director. Approved by City Manager Lease Approved by Council on Janet Ruotsala, City Clerk 26 - GIFT SHOP CONCESSION AGREEMENT LESSOR: LESSEE: a�t �J { J--- VEIJ -,I � -s G�pZNL7 Five}r1 ell ENV \ "in MaTcrJ �xi L�, Ai�f�.o. DE p � Z.�Locn�EO I s --- - �Evp rrII I I �. I I -Pw Aio rEE Alol � 4iFi J WnLl. Lot.. Crt., I N`.•••J 'YT 4 v_._ I � S C�L'�T-�GoRPGT 4 Y I to V� 11 F`TS /? y 111 471� p 1791-1 CITY OF KENAI Capi�ai 4 4�a�'fl _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 :MEMORANDUM TO: Mavcr Williams and Council Members FROM: Kenai Beautification Committee Chairman Tim Wisniewski DATE: March 2%, 1989 RE: Cleanup of "Lawton Strip" For several years the Beautification Committee has discussed possible solutions to the area known as "Lawton Strip". In the aftermath of public hearings regarding possible commercial ventures, the neighborhood residents have as:{ed for something to be done. The Lawton Strip is the first part of the downtown area the tourist sees when travelling the Spur Highway. For these reasons and more, the Committee placed this item first on their Goals & Objectives for 1989. In keeping with the target goal, the Committee cast about for ideas which would entail no funds and some community involvement. The Committee decided to call upon the Wildwood facility to determine what, if anything, the facility could do to assist. The Committee met with Mr. Paul Webb and Ms. Sonia Birch from the Wildwood facility and ascertained that a crew of four could be made available to clear (thin), grub, and haul brush from the area. The Committee agreed to assist in marking trees for thinning and any other assistance they could render. Director McGillivray offered his crew and perhaps the loan of a dump truck from public works to haul the material and use the felled trees for firewood at the municipal parks which may save some trees from being cut in those areas. The Committee is asking Council for approval of the plan and "make any recommendations back to the Committee and welcomes Council participation in any phase". (The minutes are available in your packet for details.) The officials from Wildwood are enthusiastic about the project and the future possibilities of the area. 1791-1 CITY OF G2dlgila l _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: Mayor Williams and Council Members FROM: Kenai Beautification Committee Chairman Tim Wisniewski DATE: March 22, 1989 RE: Letters for "KENAI" Sign at Airport Triangle Park The Council requested the Committee "Discuss color of metal letters at Airport Triangle Park". The Committee discussed the matter at their regular meeting on March 21st and made the following motion: "recommend to Council that the numbers be gold, similar to the "Anchorage" sign". The minutes of the meeting are in your packet for further details. Regarding putting the "Thank You for Visiting Kenai" on the back of the "Welcome to Kenai" sign: The: Committee has requested Mr. Gus Sherman to attend the next meeting or consider the matter and make a recommendation as to how it could best be done. J7 -8 KENAI BEAUTIFICATION COMMITTEE March 21, 1989 - 1:30 P.M. Kenai City Hall Tim Wisniewski, Chairman 1. ROLL CALL Present: Wisniewski, Jackson, Hakkinen, McComsey, Selby, Sheldon, Sparks Also Present: Director McGillivray, Councilwoman Swarner, Secretary Loper 2. PERSONS PRESENT SCHEDULED TO BE HEARD Paul Webb and Sonia Birc.a of Wildwood Correctional Center The Committee had discussed the cleanup of Lawton Strip as one of the goals for 1989. Part of that discussion was for the secretary to contact the Wildwood officials to meet with the Committee and determine what, if any, assistance could be rendered by those persons from that facility, keeping in mind the current state of the economy. Chairman Wisniewski introduced the Committee and began the discussion regarding projects the residents of Wildwood had already completed and asked if assistance could be rendered for the Lawton area. Mr. Webb answered that it certainly could be done. The Committee and Mr. Webb and Sonia Birch agreed that the main objective of the project is to clean up the area, brushing, thinning some of the small trees, and grubbing. There will be no picnic tables or other equipment this year. Mr. Webb asked if the Cii:y would have any equipment available for hauling, Director McGillivray answered yes. Some of his crew are able to drive dump trucks and he would check with public works to see if one would be available which probably would be just before the end of the project. Mr. Webb asked about the wood left over from the trees that would be cut. Director McGillivray stated that firewood could always be used at City campsites and might save a tree or two. Mr. Webb asked if someone would be available to mark trees, Chairman Wisniewski volunteered along with members of the Committee. When asked for a start up time, Mr. Webb answered that it would be as soon as the ground were dry enough. Mr. Webb and Chairman Wisniewski will keep in touch and inform staff and Committee members. The Committee and Councilwoman Swarner discussed notification to Council and it was agreed that a memo would be sent to Council recommending the project,, and ask for approval. KENAI BEAUTIFICATION COMMITTEE March 21, 1989 Page 2 ^'r.e Committee asked if a path could be put in for cross country skiing or hiking or whatever and asked how the Oilers path and the Bernie Huss path .�;ere put in. There is no money for rock right now which is laid for a good path. The best that could be done is simply clearing at this point. Mr. Webb answered that there would be no problem --ut did want very close supervision for marking and clear1na. This would be the first phase of a Long term project which would depend entirely upon money available. At some point in the future, the Committee envisions an area somewhat like the Bernie Huss Memorial. MOTION: Committee Member Jackson moved to inform the Council of the plans for the Lawton Strip based upon the discussion in the minutes, that the Committee and Wildwood officials agree that the project can be undertaken and produce worthwhile results, that the Committee approves the overall plan and asks that Council approve the plan and make any recommendations back to the Committee and welcomes Council participation in any phase, seconded by Committee Member McComsev. VOTE: Motion passed unanimously The Committee went on to discuss other aspects of Wildwood activity. Currently, fire pits, picnic tables, and the KENAI letters are being produced. Director McGillivray stated that fire pits and trash containers were purchased last fall from the facility and will be put out this spring. 3. APPROVAL OF AGENDA The agenda was approved as submitted. 4. APPROVAL OF MINUTES of February 14, 1989 Minutes were approved as submitted. 5. OLD BUSINESS a. Council Request for Welcome to Kenai Sign At the last meeting, the Committee discussed putting something on the back of the Welcome tc Kenai sign since it is so bare. Councilwoman Swarner noted that the Council had sent the item back for discussion. The Committee agreed that the back of the sign needed something, however, the angle of the sign made it difficult. Director McGillivray suggested planting trees. KENAI BEAUTIFICATION COMMITTEE March 21, 1989 Page 3 MOTION: Committee Member Sparks moved to recommend planting trees at the rear of the sign, seconded by Committee Member McComsey Chairman Wisniewski suggested that perhaps the art class at the high school could paint something on the back such as "welcome back" or perhaps a mural type picture. Committee Member Selby suggested that the original. artist be contacted to see if he has a suggestion. The Committee agreed to put: the motion on hold and discuss this again at their next meeting. Committee Member McComsey stated that it couldn't be put off too long. If the Committee decides on using the art class they need to be contacted now as school will be out by the end of May. The secretary was _instructed to contact lair. Sherman for his ideas and if he agrees, meet with hint at the next meeting. b. KENAI Letters at Airport Triangle Park A sample or the number was presented to Council. The sample was blue colored primer. The Council had asked the Committee to discuss the color of the letters. MOTION: Committee Member Selby moved numbers be gold, similar to Committee Member McComsey 6. NEW BUSINESS None to recommend to Council that the the "Anchorage" sign, seconded by 7. COMMITTEE QUESTIONS & COMME]VTS Committee Member McComsey noted that the minutes of the previous meeting stated that Vice Chairman Jackson was to check on the additional sidewalks in the Memorial Park. Vice Chairman Jackson answered that Mrs. Porter had indicated that in order to have a wide range of choices for locations the additional sidewalks were necessary. Vice Chairman Jackson stated that it means additional money which we don't have and can't recommend unless there is a crowding situation. Committee Member Sheldon asked how many had been sold, answer about 10. Committee Member Sheldon asked how many were in the original plan, Director McGillivray stated he really didn't know for sure, but thought there were 20 or 30. It was noted that trees do best when they are clustered against the wind as opposed to strung out with wide spaces between. The Committee agreed that the additional sidewalks would be put on hold. KENAI BEAUTIFICATION COMMITTEE March 21, 1989 Page 4 Several informational brochures were passed out which had been received by the City in the last three weeks. Chairman Wisniewski asked how the Committee felt: about being involved in clean up or litter proarams. The committee agree that the Lions, the Chamber, and ALPAR are doing a good _job and the Committee should not be involved as a whole, however any member wishing to participate could do so on their own. Committee Member Selby asked about the mounds in the Memorial Park. Ccmmittee Member Sheldon answered that we can only wait until spring to see how they come up and go from there. 8. ADJOURNMENT There being no further business the meeting adjourned. The next regular meeting of the Committee will be Tuesday, April 11, 1989 at 1:30 P.M. Janet A. Loper Secretary to the Committee �A.Pi.✓ - �i�� /9�iy:��f i/�is'T'oi✓ - i �l�ONOMJ� �c li'tls�i�2�nb C a/'Y.�•S S� o n/ t .." ��pvD.`� is c t/Ei(O�ir►'r-�.�' ief �l/'Fevi'F Gd O f L��A4 Sfbii/9T'4"i - E �tLA.-aRs /Jr�l�i✓is7?�: �aA� IV "Ar --------- -- MEETING OE' FISH PROCESSORS, COUNCIL, ECONOMIC DEVELOPMENT COMM., HARBOR COMM., LOCAL LEGISLATORS, REPRESENTATIVE FROM THE GOVERNOR'S OFFICE, CHAMBER OF COMMERCE AND CITY ADMINISTRATION MARCH 18, 1989 - 9:00 AM KENAI CITY HALL CHAIRMAN VINCE O'REILLY PRESIDING INTRODUCTION Chairman O'Reilly introduced the participants. AGENDA APPROVAL Approved as submitted. COMMENTS I3Y MAYOR Mayor Williams. 10 years ago there was a study relative to the harbor. It showed a need, but that it was too costly. But there are a great number of needs that the City should be involved in relative to the fisheries. Therefore, we are developing a seafood industrial park. The City has shelved the cold storage warehouse completely. There is much opposition. A boat repair facility, boat storage, water & sewer to other facilities are needed. Water & sewer has been engineered. We own the utility corridor to the dock facility. COMMENTS BY CHAIRMAN Chairman O'Reilly. There was a meeting March 9 with fisheries people and processors. This meeting is to meet with legislators and the Governor's office people. This is for all to present a unified proposal to the State. BRIEF OVERVIEW OF JUNEAU SITUATION - LEGISLATORS Rep. C.E. Swackhammer. The good news is the oil price is up.. But that could be bad for the State. We have made agreements with Administration for a $150 Million to $200 Million cut. It is the wisest thing we can do considering the long term reduction from Prudhoe Bay. $60 .Killion will be for Federal match for roads, water & sewer projects. There is consideration of using Railbelt Energy funds for other projects. There may be a problem with using them for other than energy related projects. We are trying to wean ourselves away from an oil -based economy. II. DESCRIPTION OF INDUSTRIAL PARK Mayor Williams. We have purchased 31 acres of land adjacent to City lands. The reason is all the rest is wetlands and cannot be used. This is our last wetlands permit. It will be to increase the staging area. If we do not acquire other lands we will not be able to develop any further. It will go from the present location to the highway. It will cost $450,000 to run water & sewer down there. The roads will have to be built, right-of-way, a cost of $300,000. It will have to be surveyed. It will be $1 Million total. During the concept when we talked about a cold storage warehouse, we anticipated $2 Million. The City pledged $950,000 of its own money and applied for an EDA grant of $950,000. I asked Governor Cowper for an additional $950,000. He asked me, what would happen if the cold • ..r FISHERIES DEVELOPMENT WORK SESSION MARCH 18, 1989 PAGE 2 storage warehouse does not materialize. I said we would continue with the seafood industrial park, the cold storage warehouse was just one part of it. we have! removed ourselves from the cold storage warehouse and are continuing with the seafood industrial park. Chairman O'Reilly. What is the total cost? Mayor Williams. About $1-1/2 Million - $1 Million from the Stage, $1/2 Million from the City (for roads, water & sewer, site work, etc.) III. COMMENT BY INDUSTRY AND PUBLIC Chairman O'Reilly noted there were 6 processors in attendance. a. Craig Freas, representing 2 processors - Ward Cove (Columbia Ward) and Kenai Salmon Packers. They received the letters last week. They could not come, they asked me to represent them. Both organizations are strongly opposed to development that would subsidize any industry that currently exists in this area, specifically processing industries. Marine electricity, engine repair would be acceptable. Capital costs should be recovered by lease rates that reflect cost. The government should not be subsidizing industry. Water & sewer, raw land, roads - these businesses have had to spend their own capital to develop these, they would object to government developing these with little or no cost. Chairman O'Reilly. Regarding notification of this meeting. There was a glitch in getting the mail out, so registered letters were sent out. b. Jim Butler. I am concerned with fishing rather than processing. Marvin Dragseth, Royal Pacific Fisheries. I am for this as long as it does not compete with private enterprise. we have 2 good stores in the area now. We have had the biggest years in history, 1987 was the largest escapement, 1988 was the 2nd largest. We have had the coldest winter in a long time, it will not be as good a year. We are in for some hard times. Water & sewer in the industrial park, if the cost is not too great - I am for it, but not if it is too costly. The processors are going broke. The fishing industry is a 7 week proposition, there will never be a bottom fish industry here. Just because you can get free money from the government does not mean we are not going to pay for it. It does no good to put in businesses and have ones that are here go broke. Chairman O'Reilly. Do you have trouble getting land for expansion? Mr. Dragseth - no. Chairman O'Reilly. Do you pay for your own construction and improvements? Mr. Dragseth - yes. Chairman O'Reilly. Will the seafood industrial park meet the needs for these people that have not been met: Mr. Dragseth - no. The dock facility could use more parking. But as for service and commercial, we have 2 good stores now with supplies, etc. for commercial and sport fishing. FISHERIES DEVELOPMENT WORK SESSION MARCH 18, 1989 PAGE 3 d. Gary Ervin, Seafoods from Alaska. We have been in support of the seafood industrial park since it first came up. Our goal in supporting is for support of industry and development of secondary processing industry. Fishing is now for 7 weeks. Most products go out for secondary processing. We are going into secondary processing. To attract others into secondary processing, a seafood industrial park is necessary. Not just for the Cook Inlet region, but for other areas. The goal of the seafood industrial park should be for secondary processing. There is a Board of Fisheries meeting in Anchorage this date. we should be very involved with regulation of the fisheries. Scott Earsley, Inlet Salmon. We support the seafood industrial park, but we don't want subsidies for the new processors. There may be too much capacity in the next few years. I am on the Kasilof River Advisory Bd., it is a concern with the residents of the river and government agencies regarding discharge into the river. Processing is polluting the river by grinding and discharging waste. If we had to quit discharging, Seward Fisheries could not handle the amount discharged. I don't know what we would do with it. We should be looking into this. f. Mike McCune, Dragnet Fisheries. We would like to see the City help with processors, but there should be an outline. We need water & sewer line on Bridge Access Rd. and down to the inlet. Regarding property acquisition, there is no place to fuel up now. We would like to develop a tank farm. We could operate, the City could collect the fees. It would be beneficial to be able to get fuel at all times. It is major expense for our operators to have fuel availability. We would not like to see any fish processors on the seafood industrial park. Mayor Williams. The City is fueling vessels at the new dock facility. There is a lot of concern by EPA regarding this. It is a Coast Guard approved marine fueling system. Council has authorized purchase of another unit and will expand service. These are areas the City can handle, we have the expertise. There was a tank farm at one time there. It is not subsidized. We netted $67,000 last year. It will be done the same as the airport, it operates within its own pool. Oil rendering plants and baby food plants are proposed. g. Marvin Dragseth. I was at a meeting of the canned salmon industry. There was a discussion regarding interception of fish. 20 Million fish in one instance, 10 Million in another, and 6-8 Million in another. They are not getting 20% of the fish. If it is not stopped there won't be any fish. Southeast has not had any fish in 2 years. Cook Inlet is using the hatchery fish. It is all going to Japan. Regarding the fuel facility. They are not serving many because of the design of the facility. They come in 200-300 at a time and cannot get service. 4r -__ r FISHERIES DEVELOPMENT WORK SESSION MARCH 18, 1989 PAGE 4 It is estimated 2 Million fish from Kodiak are intercepted but high seas interception is important also. h. Joe Nord, Allied Processing. We support the seafood industrial park but ask that it be limited so processors not be in the park or any businesses that will be competitive with local businesses. There is an oversupply of processors in the area. There has been a lot of frozen processing that has been put in recently. This storage thing will not go away. It would only be beneficial about 6 weeks a year. Fuel for boats, boat lift, more parking space, utilities (water line would lower insurance) would all be good. If you lease, make it reflect the cost. Make everything competitive. i. Un-named Processor. There would be a $7,COC to $9,000 fire insurance savings on our building with a water line. Our building is steel, a wood one would be higher. Jim Bishop. I am a 12 year fisherman in the area. The river is finite space. I hope we keep this in mind. There is not enough room for all activity. Considering development, we are bringing more boats in. There is no access to marine safety, the Coast Guard does not have funds for marine safety program. I hope you consider that in your proposal. Councilwoman Monfor. I take exception to Mr. Dragseth's statement regarding stores. We are set-netters and cannot get our supplies. The stores here are for drift fishermen. A seafood industrial park with gear and electric supplies for all fishermen, there is a need for a store. k. Joe Skrha, Attorney. I have been in Kenai 5 years. The need for a secondary processing is important. If this can assist in that, it is g.00d . Regarding the wetland issue, there is about 4 acres involved? Mayor Williams. The City will fill 3-1/2 acres under already planned work. There is no more land and we cannot find any more. Mr. Skrha. I was not aware of any limitation. Who is to say it is not critical? Fish & Game used to say it is not important, now they say it is critical for habitat. The lower part (of the river) is very important. IV. COMMENTS BY COMMISSIONERS a. Barry Eldridge, Chairman, Harbor Commission. There is a need for the City to stay involved in what happens in the river. We have 400-600 boats in the fisheries, as well as recreation fishermen. We need to provide support to keep the money in Kenai. The Coughenower report shows where the dollars go. A lot go other places because we do not provide support services. We are running out of land. Service industries would rather be close to the river. The reason for the study was to identify ways to show the impact of fisheries on the City by providing additional support. There is an opportunity for secondary processing that is not being addressed at this time. Now the FISHERIES :DEVELOPMENT WORK SESSION MARCH 18, 1989 PAGE 5 processors get rid of it. There is a need for development. There is still a need for a fuel facility. Stan Steadman, Borough Economic Development District. We have an opportunity and responsibility to review the proposals given to the Borough. Funding from the State would be tied to economic development and federal dollars may be available, per Rep. Swackhammer. This was primarily geared to secondary processing. The State responded to the cold storage grant application in a positive way, but the Feds did not. Bernie Richert (Alaska EDA) thought if there was an interest in pursuing the industrial park, they would be responsive. There are other applications in the State requesting funds. If the City wants to go forward with this, they may want to go forward to the State or for EDA funds with a match. There were comments in the community regarding the original application and extension of the fishing was picked up on. If you decide to go forward with this in a different format, the Coughenower report gives information that would validate the request for the facility. The grant should create or retain new jobs. b. Leon Quesnel, Harbor Commission. No one has spoken regarding the environmental problems at the lower river mouth. Fish processors have to get rid of effluent and they dump it in the river. Eventually it will have to be handled in a different way. In the meantime I urge processors to ask fishermen to keep the river as clean as possible. If you pollute the river to the point fish won't come up the river, the fish will not come back. International law says no plastics will be dumped into the water but have to be brought back to land. The sand bars in the river are growing. The Crops. of Engineers have said it is not feasible to dredge. V. COMMENTS Council: Mayor Williams. Regarding the application for grant money. If the City chooses to reapply, it will be for redevelopment of the seafood industrial park, not the cold storage facility. EDA has a rule that we need matching money. They do not care where it comes from. If we can use State funds, it is better. It can be used to match EDA money. b. Councilwoman Monfor. We gave processors a chance to lease from Seafoods from Alaska. No one came forward. Yet they are screaming at us for wanting to make something available. I am concerned with those that are not here all year long. We need to be planning for the future. There are some years with fish and some not. We should look at the long term by using EDA funds. We will not be raising taxes. It will be like the airport and pay its own way. Commercial fishing is #1 industry in the City, #2 is tourism. We cannot go any place for supplies. Canneries used to supply fishermen, they do not now. A seafood industrial park will be there 365 days per year. Where else V_ -r FISHERIES DEVELOPMENT WORK SESSION MARCH 18, 1989 PAGE 6 do you put a seafood industrial park but at the river? Processors have not cooperated with the City when we needed help with summer hires. Our biggest problems are not the industrial park. If we do not have State and Fed cooperation on interception problems, there will not be fish; and dumping of garbage in the river will kill all the fish. It should be solved by all working together - fishermen, processors, buyers, etc. C. Councilwoman Swarner. Thanks to all for coming. I am in support of economic development on the river. d. Councilman Measles. I am in support of the seafood industrial park. I appreciate the attendance this date. The only way Council can get a good decision is to hear all sides. e. Councilman McComsey. I support the seafood industrial park and thank the people for coming out. Councilwoman O'Reilly. I support the concept. Sometimes we have a problem with communication. would encourage the processors to keep closer contact with the City and EDD. Thanks to all the people who came and especially Ernie Piper of the Governor's office and Rep. Swackhammer. Public: John Wise, Kenai. This project should be laid out clearly. There are processors inside and outside the City because of the tax difference. The City does not stand alone, it is part of the Peninsula. What is good for one should be good for all. We should look at what is good for the whole area. We should build an economic base. We have 2 majoz assets here, the river and the airport. Both are important for the City and the Borough. If not properly developed, there would be problems. I have asked the cost of bringing water & sewer dowr Bridge Access Rd. It would cost $1-1/2 Million. The money in the Governor's budget would not covet this. If you put water & sewer down there, you would open much land for development. HEA would put power down there. The City has to put utilities down there. It will not be in conflict with the processors outside of the City. You don't have to build the seafood industrial park, private industry will do it. It will benefit not only the City but the entire area. Stay with short do -able project of putting water & sewer down Bridge Access Rd. It could be done this summer. b. Ernie Piper, Governor's Office. I am here to listen. We are not here to force it down anybody's throat. 1) We do not want to compete with private industry, and 2) We want to be sure the community wants it. Chairman O'Reilly. There is a want for development and they are hoping it will be done. VI. REMARKS BY LEGISLATORS Rep. Swackhammer. It is my hope that people remember that money is short and will be short in FISHERIES DEVELOPMENT WORK SESSION MARCH 18, 1989 PAGE 7 the future. It will be just economic development projects and long term effect. I will share this with Rep. Navarre and Sen. Fischer. This project is in the Governor's budget. Chairman O'Reilly. There is concurrence by all the commissions, 6-0 vote by the Council for it, and testimony by the public - the main thrust is positive. Mayor Williams. Better communications by the public and the processors is a valid request. We have vacancies on the Economic Development Comm. I would like to have a processor representative on EDC. ADJOURNMENT: Meeting adjourned at 10:40 AM. Janet Ruotsala, CMC City Clerk — -;z TELECONFERENCE MARCH 15, 1989 KENAI CITY HALL Juneau: Sen. Paul Fischer and aide, Rep. Mike Navarre, Rep. C.E. Swackhammer Kenai: Mayor Williams, Councilman McComsey, Councilwoman O'Reilly, Councilman Smalley, Councilwoman Swarner, EDC Chairman O'Reilly, Bill Osborne (Shell), Shawn Brown (Tesoro) Shawn Brown, Tesoro. Regarding the fire training ground. The old grounds cannot be used this year. There is a holdup on the new grounds. Federal requirements say there must be training. Minimum needs are being looked at. KPC Pres. Ginger Steffy and Mayor Williams are reviewing. Without the grounds we must send people to the Lower 48. Bill Osborne, Shell. It is necessary for the industry, it is vital for all of us for training purposes and saving of lives. New people learn to overcome their fear of fire. It affects industry and the community. Councilman McComsey. I have been after this for many years. The Univ. of Alaska should have one person available to industry for the fire training grounds and get some answers. Land selection has not been made. Rep. Navarre. Part of the problem of how much we can help you is knowing what you are doing. We are more than willing to help but we are not communicating as well as we should. We will go to the top to help for this year. Capital funding would not be available till July. How much is sketchy. We can help as much as possible regarding permits, etc. But as for capital funding, we cannot do much. Councilman McComsey. Dennis Steffy is looking at Federal money but the University has changed people again, about the 5th time. Rep. Navarre. I was not aware that they changed people. I will talk to someone 3-16 to see if we can get continuity. Bill Osborne, Shell. How about talking to the head of the University? Rep. Navarre. I will talk to Wendy Redman, University of Alaska -Fairbanks, and have her talk to the University. Councilman McComsey. I will talk to Dennis Steffy. Mayor Williams. The chain of command goes from Dennis Steffy to Chancellor O'Rourke in Fairbanks. Wendy Redman can check on that. The benefit is to oil companies and the City also, as State revenues dwindle. Councilman McComsey. The price tag is $2.7 Million. That is the total price on an exceptionally nice facility. If we had one pad for training it would be good. When the ground has been selected, I believe the oil companies will come forward to back it. We should not be worrying about a lot of extras. We should start and worry about enhancing later Mayor Williams. We have had this in business for many years, continuously. Bill Osborne, Shell. 1968. Mayor Williams. If we miss this season it will be bad for continuity. TELECONFERENCE MARCH 15, 1989 PAGE 2 Rep. Navarre. We will commit to say that we will not miss this season. Bill Osborne, Shell. Last October we had our 1st meeting with Dennis Steffy regarding land. We have lost about 6 months just doing this. Councilman Smalley. I have concerns regarding Capital Improvement funds for the City. Rep. Navarre. We are not to that point yet. The general discussion is Federal match moneys. EDC Chairman O'Reilly. The economy of the City seems to be much more stable. Real estate values are finding some footing, retail sales are up, we are thinking of the forthcoming fishing season. There are no giant financial holes in the City. The effect in Juneau of Commissioner Malone's testimony this date on oil company profits and the State share, the numbers are startling. Perhaps something could be gained from them. There is a sense of economic fairness as to what amount of wealth should come to all of US. It should influence how ELF should be handled, it should have a profound influence on the whole State. Rep. Swack:hammer. a) ELF - Administration made their presentation in the House. b) Overall budget and relation to budget cap - We think we have an agreement with Administration to cut $150 Million to $200 Million in the budget. Where the money will be cut, we must have a consensus. We agree there will be proportions: 43% - Operating budget, 40% - State government 17% - From Legislature, some from pass -through etc. A capital budget of $60 Million is needed to capture Federal dollars. We will not have a clear picture till the end of April. On the brighter side, we were $860 Million short, we are now $600 Million short. Is there Federal moneys for Thompson Park sewer? Mayor Williams. No, but we have $562,000 from re -appropriations earmarked for 2-3 projects, Council has not decided what to use it for: clean water, backup for water & sewer or Thompson Pk. What about Municipal Assistance & Revenue Sharing? Rep. Swac:khammer. 10% reduction in Municipal Assistance & Revenue Sharing, 10% reduction in longevity and other bonuses, 5% reduction in education. We are trying to accomplish at $75 Million to $90 Million. What do they mean to you? Mayor Williams. 10% of $1.2 Million Municipal Assistance & Revenue Sharing at $250,000 per mill would be $125,000 or 1/2 mill for the City. Rep. Swackhammer. Have the City look at cutting Municipal Assistance and put all in Revenue Sharing. It would give more money to the municipalities with high tax rates. Mayor Williams. It would place a hardship on the City of Kenai. In other areas, a) We had a meeting 3-14 with Stratoplex people. They wanted to urge support for their program. They manufacture for defense projects. It could come on stream by the end of the year. b) The seafood industrial park. You are meeting with many of the processors. We will have a meeting 3-18. There have been major concerns regarding the City's position with the cold TELECONFERENCE MARCH 15, 1989 PAGE 3 storage warehouse. The EDA grant has been denied, we are backing off on this. The Governor's $1 Million in his budget would be for the seafood industrial park to support industry relative to this in the private sector. The City will not promote itself in competitive industries. We would have water & sewer in the park and to 4 processors. Rep. Swackhammer. Rep. Navarre and Sen. Fischer will not be at the Saturday meeting, but I will be there. Mayor Williams. The Federal government is waiting for an EDA grant application. We may get that for water & sewer in that area, it would free up money for Thompson Pk. Are the processors talking to you? Rep. Swackhammer. Yes, I was waiting to hear how the 3-18 meeting would go. If we can get support from the fishing industry in Kenai and the message is given to us and the Governor, we hope to keep it in the budget. Is there going to be money to do further work on the dock? Mayor Williams. It will depend on costs, they are contingent_ on the parking lot. Regarding the extension of the dock, that is expensive, we do not see it in the future. c) Regarding the bike trail. We will talk about that this date (Council meeting). They are urging money be obtained for about 7 miles on the Spur Hwy. for study. d) City Manager Brighton is in Washington D.C. Rep. Swackhammer. As we get down to the end when decisions are made, as scenarios change, we would like to keep this communication going so we know what cuts will mean to the community. Mayor Williams. Keep in mind that a change in formula would not benefit the City of Kenai. We would prefer it be left as is or move in the opposite direction. Regarding the senior citizen housing, Rep. Ulmer seems to be enthusiastic. Is there a possibility of State funding for this? Rep. Navarre. Rep. Ulmer's bill is for bonding, it probably won't happen this year. Mayor Williams. Regarding the Railbelt Energy fund. It is a foregone conclusion it will be gone this year. Dr. Sims from Usibelli Coal was here at the Chamber of Commerce this week. They wanted $30 Million. We emphasize $90 Million should stay in the Peninsula. Rep. Swackhammer. I talked to utilities people a few days ago. There are several bills in the hopper to spend this. The utilities people are united in the importance of the intertie. In my opinion we have a good shot at getting the $90 Million. Rep. Navarre. We met with utilities people and discussed the Southern intertie. There seems to be support for this. Bill Osborne, Shell. Regarding the fire training ground and support from industry. I can guarantee support. We have been supporting it and will continue to. Councilman McComsey. There is a bill regarding underground storage tanks and accepting Federal minimums. I suggest we do this and not get the State into it. Rep. Swackhammer. The bill is to obtain money for retailers and wholesalers to comply. Councilman McComsey. The State will not rewrite the bill? W-� TELECONFERENCE MARCH 15, 1989 PAGE 4 Rep. Swackhammer. No, the standards are tough enough. It is to keep operators from going out of business in order to comply. Rep. Navarre and I co -sponsored it. ADJOURNMENT: 7:10 PM. Janet Ruotsala, CMC City Clerk _ 1lyeska pipReline March 1, 1989 Mayor John J. Williams City of Kenai 210 Fidalgo 'Kenai AK 99611 Dear John: 1835 SOUTH RRAGA W STREET, ANCHORAGE. ALASKA 99512, TELEPHONE (907) 278-1611, TELEX C90-25-1 ? ' You may remember reading last October about a government study which was going to show that certain fish were being contaminated by oil from Alyeska's Marine Terminal in Valdez. In October. before the report was even completed, headlines announced that a National Oceanic and Atmospheric Administration study was going to say "Port Valdez Fish Contaminated" and "Pollutants Come Home to Roost. " The accounts were based on comments and a memorandum by a NOAA researcher who was involved in the Alaska portion of a national study. She described preliminary results from several sampling sites, including the detection at very low levels in Port Valdez of two hydrocarbon types called benzo (a) pyrene and napthalene. The full report, however, is now available and does not show any evidence of environmental damage from the Terminal to the waters of Port Valdez. It shows that Port Valdez compares favorably to the nine other locations in Alaska --some of them pristine waters --and is vastly better than other western sites studied outside Alaska. The NOAA study was part of a national search for signs of chemical contamination in U.S. waters. In the Pacific phase of the study, 31 sites were sampled in Alaska, 'Washington, Oregon and California. The sites ranged from pristine estuaries to busy ports and harbors. Specifically the researchers sampled bottom sediments and the liver tissue, bile and stomach contents of bottom fish such as flathead sole. Page 2 The earlier purported link to Alyeska's operations, it becomes obvious from an examination of the tinal report, was tenuous to say the least. One of the hydrocarbon types found by the NOAA researcher in Port Valdez, namely benzo (a) pyrene--is a product of common combustion, and thus there are numerous possik le sources around Port Valdez. It also is a minor component of crude oil, which is present in trace amounts in the effluent from Alyeska's Ballast Water Treatment system. But in direct tests of the BWT effluent before it ever enters the bav, by both government and private researchers, benzo (a) pyrene has never been detected. The second hydrocarbon, napthalene, was previously present in extremely low concentrations (35 parts per billion average in 1985) but was virtually eliminated from the effluent when a biological treatment unit was added in 1986. Dr. Jack W. Anderson of Long Beach, Calif., internationally recognized as a leading researcher on the fate and effects of petroleum hydrocarbons in the marine environment, reviewed the final NOAA study for Alyeska. He stated that the report does not support the conclusion implied in the headlines that Terminal operations were having an adverse impact on fish in Port Valdez. "Statements made earlier... would appear to be in error," he said, and the report data ".. certainly do not indicate to me that there are any problems with the fish collected from Port Valdez." Dr. Donald W. Hood, professor emeritus, University of Alaska, states in the foreword of a 1988 anthology of previous scientific research on Port Valdez that "The studies... have been well planned. of the highest duality, and well documented in open literature... it appears that no ecologically or socially significant biological change has occurred that can be related to the ballast discharge_" We believe, as we have said many times in the past, that the preponderance _>f scientific information supports Alyeska's position as a responsible steward _>f the environment in which we operate, Sincerely, l'- George M. Nelson President Official Business Alaska State Legislature � - z SENATE March 6, 1989 The Honorable John J. Williams Mayor of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams: P.O. Box V State Capitol Juneau, Alaska 99811 The Select Advisory Committee on Municipal Taxation was recently appointed by the Alaska State Senate to consider general questions of municipal property taxation. I have been invited to chair this Committee, and I am pleased to announce the appointment of Ms. Lois Lind, Mr. Earl Beistline, Dr. David Williams, and Mr. David Rose to serve with me on the Committee. The principal focus of the Committees' inquiry will be the municipal taxation of oil and gas properties. Recently, substantial and complex questions have been raised regarding the way in which property tax assessments have been calculated in those communities with significant oil and gas properties. The debate concerns whether the statutory limitations have been properly interpreted and applied by State and local officials. How the statutory limitations are interpreted affects the assessment of property taxes against other property within the municipality. The statutory interpretation may also affect the calculation of municipal property tax assessments imposed to meet municipal debt service obligations. Therefore, the main purpose of this Committee will be to look at this issue and determine what is fair and appropriate for local governments while also dividing revenues fairly. Consideration of this immediate dispute, however, may require that the Committee address all aspects of the State limitation and regulation of municipal property taxation. And the issues raised by the municipal taxation oil and gas properties may have a bearing on the taxation of other natural resources and the property related to resource development. The Committee inquiry may also address questions of municipal finance, including the issuance of municipal debt. DRAFT - 2/27/89 2 of both employees nd rroducts of the fishing industry, seafood advertising, :-urine fuel -.ales, and influences on many other sectors of the economy (Kruse. __H ?). While evaluation Df direct effects is largely an accounting problem, more sophisticated techniques are necessary to evaluate secondary economic impacts (indirect and induced effects). Economic base models and input-output models are two tools that are commonly used to evaluate these effects. Economic base theory separates the economy into a basic sector (usually primary effects) and non -basic sectors (secondary impacts). Input-output models are more sophisticated techniques for evaluation of secondary impacts than economic base models. The approach followed in this study is along the lines of a simplified economic base model. There was never any intent to make this a definitive study of commercial fishing in the central Kenai Peninsula. In reaching the goals describea above a good deal of data and information (some original) have been brought together in this report. Users of this report are cautioned not to take the results presented here beyond their Intended purposes. r14YzO MS s_ The data gathered in this study was used primarily to examine the direct impacts of the industry, i.e. the income and jobs generated by the harvesting (fishermen) sector. Indirect impacts, especially that resulting from the processing sector and closely allied sectors such as management are also addressed in the study. Other induced impacts such as from companies that do :usiness with the fishing industry will be mentioned only briefly because data supporting these impacts is very difficult and costly to obtain. The principal data sources for the study were the Alaska Commercial Fisheries Entry Commission (CFEC) and two original surveys. The CFEC is the official source of data on commercial fish landings and estimated gross value of these landings for all fisheries in Alaska. The year 1986 was selected for this study because it is the most recent year for which the CFEC has complete statistics. It was also selected as a more typical year than the record years of 1987 and 1988. In addition to the CFEC statistics two new survey tools were developed specifically for this study. One survey was directed at the harvesting sector and the second one at those businesses who sell to or serve the harvesting sector. Processors were considered part of this second group but they received special attention because of their essential roll in the industry. While direct income and jobs are the major thrust of this study a number of questions in both surveys are aimed at the economic development interests of the City of Kenai. The qoal here, as stat was to dentify what role the City might pla n me t of the commerce-aT'ifsttlng-1 ustrr--rnfras ructure. Senator Paul Fischer Senate District D Box 784 Soldotna, Alaska 99669 (907) 262-9420 W 262-9269 Alaska State Legislature TM State Senate March 3, 1989 The Honorable John J. Williams Mayor of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear John: -- w! P.O. Box V Juneau, Alaska 99811 (907) 465-3791 Thank you for your letter regarding the March 18th meeting between members of the Harbor Commission, Economic Development Commission, City Council and members of the fish processing industry. I am deeply regretful that I cannot attend this meeting as I understand the importance of the issue to the district. I do, however, have an extremely important meeting I must attend in Juneau that day as a member of the Committee on Oil and Gas. Please accept my apologies. It is my intention to keep abreast of this issue. If specific questions arise that you would like me to address, please don't hesitate to let me know. Thanks again for the invitation to attend. Cordially, Senator Paul A. Fischer PAF/mc Sera March 15, 1989 SEAFOODS & HEALTH DIVISION The Honorable John J. Williams Mayor City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mayor Williams: We greatly appreciated your leadership in our recent due diligence session in Kenai with representatives from Megarian Financial Services. The staff from Megarian left Alaska with an enormously positive impression with the progressive economic development steps which you are pursuing to maximize economic benefits from Kenai's substantial fishery resources. We look forward to continu,.ng our close work with you and the City of Kenai and to having a meaningful role in Kenai's economic growth. Warm regards. Sincerely, 6� Tim Ervin Vice President and General Manager cc Gary Ervin 600 West St. Joseph • Suite 7 P.O. Box 16187 Lansing, Michigan 48901-6187 (517) 371-2800 �1 J. 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Our Alaska attorneys emphasize labor and employment matters, banking, bankruptcy and workouts, construction disputes, real estate, litiga- tion, and personal services, including trusts, estates and taxes. Washington, D.C. Our Washington, D.C. office stresses client service in the areas of federal legislation and regulation, and practice before federal agencies and the federal appellate courts. Predominant practice areas are communications and First Amendment law, tax, energy, labor and employment matters, international transactions, telecommunications, and maritime and fisheries law. 2600 CENTURY SQUARE . 150I FOURTH AvENUE . SEATTLE, WASHINGTON 98IOI-1688 (2o6) 622-3150 DAVIS WRIGHT & JONES PRACTICE GROUPS Individual attorneys at Davis Wright & Jones focus their practice efforts on a number of key areas. By applying professional skills in specialty fields, the firmprovides legal services in a manner as cost-effective and skilled as possible. Business Practice. One of the largest departments in Davis Wright & Jones is the Business Practice Department, which serves the firm's diverse business -client base, representing clients ranging from small businesses to large public corporations. Practice areas include organization of corporations and partnerships, mergers and acquisitions, securities transactions, antitrust, advising officers and directors, product distribution matters, and computer law. Labor and Employment Law. Labor law no longer merely deals with unions, and today's employment law practice is extremely diverse. Representing management, our work ranges from responses to traditional union organizing and collective bargaining situations to modern employment considerations such as wrongful discharge, discrimination, progressive employee relations, sexual harassment and compa- rable -worth problems, wage and hour questions, and safety and health matters. The firm's work stresses preventive techniques, emphasizing well -planned strategies and educational programs to avoid the costs of litigation. Employee Benefits. The firm's Employee Benefits Department responds to client needs for highly specialized legal assistance in the complex pension and fringe -benefits area. Because of the overlap between pension law legislation and tax matters, Davis Wright & Jones has developed efficient systems to handle retirement, executive compensation, employee stock ownership and benefit plans. Litigation. Lawyers from our Litigation Department try cases before state and federal courts, agencies and arbitrators. Recognizing the high cost of litigation, our lawyers work closely with clients in case strategy and budgeting and consider alternative dispute -resolution methods or settlement where the clients' interests are best served. The Litigation Department is the largest in the firm. Our lawyers have substantial experience in the trial of both simple and complex cases in a wide variety of areas, including antitrust, communications law, securities, construction law, discrimination, professional malpractice, and other commercial and personal disputes. Tax. In an environment of constant legislative and regulatory change, the Davis Wright & Jones Tax Department provides full -service guidance in international, federal, state and local tax matters. The Tax Department offers advice in connection with real estate transactions, mergers, acquisitions, liquidations and other corporate reorganizations. Our lawyers also counsel national and local clients on the intricacies of state and local taxation, and litigate tax matters at all levels. Banking and Financial Institutions. Long recognized as the leading banking law firm in the Pacific Northwest, the firm also serves many other financial service institutions, including insurance companies, savings and loan associa- tions and brokerage firms. Our services for banks and financial institutions include negotiation and 2 DAVIS WRIGHT & JONES documentation of lending transactions, assistance with federal and state regulatory matters, handling of acquisitions and mergers, and development and review of business and consumer loan programs. Communications. The Davis Wright & Jones Communications Department provides full representation to communications industry clients in all aspects of their businesses. Ourpractice emphasizes specialty services designed to address unique communications issues, including First Amendment questions, prepublication counseling and defamation defense, broadcast and cable regulation, copyright, advertising, and telecommunications. Because of its long-standing representation of major media in all parts of the communications industry, Davis Wright & Jones is recognized as the leading communications law firm in the Northwest and as one of the leading communications firms in the country. Health Law. The Davis Wright & Jones Health Law Department serves hospitals, providers of long-term health care, home health agencies, clinics, physician practice groups, and other healthcare providers. The firm's services cover a range of unique health law questions, including counseling regarding acquisitions and sales, corporate restructuring, creation of insurance programs, certificates -of -need, and right -to -die considerations. General business matters, such as antitrust, land use, labor law and tax services for health care organizations, are also tailored to the needs of health care clients. Real Estate, Land Use and Environment. Davis Wright & Jones represents real estate lenders, developers and brokers throughout the region. Major practice areas include real estate financing, acquisition and sale of real estate, projected development and construction, troubled -project workouts, syndications and condomin- ium development. Environmental and hazardous waste law are major areas of expertise. Bankruptcy. The firm's bankruptcy practice includes bankruptcy cases with emphasis on Chapter 11 proceedings and the restructuring of loan transactions in lieu of bankruptcy. While Davis Wright & Jones has traditionally represented secured creditors, the firm's practice includes representation of trustees in bankruptcy, creditors' committees and business debtors in Chapter 11 proceedings. Trusts and Estates. Davis Wright & Jones has one of the largest and longest established trust and estate practices in the Pacific Northwest. The firm has long served leading Seattle individuals and their families, often spanning several generations. Client service ranges from routine wills to complex estate plans to special comprehensive estate planning for young professionals and executives. Areas of emphasis include preparation of wills and trusts, probate administration of estates, estate planning for the business owner, charitable and deferred giving, and representation of executors and trustees. International Transactions. The proximity of the Pacific Northwest to Canada and Pacific Rim countries provides special opportunities for businesses. In response, we have developed a network of contacts and broad experience in Canadian, Chinese, Japanese and Korean business affairs. Areas of practice include international financing, foreign investment and tax matters, trade, trademark, and immigration. The firm's Washington, D.C. office assists with export licensing, international trade commission 3 DAVIS WRIGHT & JONES requirements, and embassy and international treaty dealings. Certain languages in the department are prominent: Japanese, Chinese and Korean. Other Practice Groups. In addition to the firm's 12 major departments, Davis Wright & Jones attorneys are also organized to meet the special needs of clients in six key areas: Construction, Government Contracts, Timber, Public Sector, Fisheries and Maritime, and High Technology. APPROACH TO CLIENT SERVICES It is not enough simply to provide technically sound legal advice. At Davis Wright & Jones, we believe that it is essential that our advice be prompt, practical and cost-effective. While business decisions lie with the client, a lawyer must be sensitive to the business impact of an issue, as well as the governing legal principles and ethical standards. Customarily, each client is served by a principal attorney contact who is responsible for all aspects of the firm's services, ensuring clear accountability to the client. Under the supervision of this lawyer, portions of a client's work may be performed by other attorneys or legal assistants. For major projects, a specific team of lawyers is usually assigned to handle all work. In this way, each client is assured of service by Davis Wright & Jones attorneys who have an in-depth understanding of the client's business and legal needs. COMMUNITY SERVICE At Davis Wright & Jones, we are proud of our tradition of service to the profession and to the communities in which we are located. Our lawyers are prominent in civic and charitable organizations; in national, state, and local professional groups; and in service to those unable to afford legal services. Recent pro bono activity includes participation in neighborhood legal clinics, assistance to refugees, unpaid legal services to guardians ad litem in child abuse and similar cases, as well as representing individual indigent clients. Through these and other means, we seek to ensure that our commitment to service is a reality. 4 1 ! II MUTUAL RESCISSION AND RELEASE l JESSE S. WADE AND CATHERINE WADE, of 101 South Willow Street, Suite 106, Kenai, Alaska, 99611, and the CITY OF KENAI, on this i day of 1989, do hereby mutually rescind that I; certain Deed of Trust and accompanying Tt of Trust Note dated June 24, 1985 and recorded in Book 264, -��ETar'� 2, in the Kenai !i Recording District, Third Judicial District, State of Alaska, of 1! i the following described real property: TRACT C-TWO (C-2) DENA'ITI POINT ESTATES, Plat No. 84- 107, Kenai Recording District, State of Alaska. ! That in consideration of the mutual rescission and termination) of said Deed of Trust and accompanying Deed of Trust Note, JESSE S. WADE AND CATHERINE WADE, and the CITY OF KENAI are each finally' I� discharged as to the other on said Deed of Trust and Deed of Trust) Note subject to the following conditions: That any and all monies paid by JESSE S. WADE AND II I CATHERINE WADE to the CITY OF KENAI, including but not limited to the down payment and any installation payments made hereto, involving the above-aescribed property, shall remain the property of the CITY OF KENAI and that JESSE S. WADE AND'-CATHERINE WADE shall have no right whatsoever to said monies. 2. That prior to the execution of this Mutual Rescission and Release, JESSE S. 'WADE AND CATHERINE WADE shall execute and deliver a Warranty Deed conveying the above -mentioned property to 1 fi Timothy J. Rogms rty Attorney CITY OF KENAI 210 F,Dalgo Kenai, AlaSNa 9%11 1 - MUTUAL RESCISSION AND RELEASE 283.3441 FAX 283 3014 Timothy J. Rogers City Attomo.r CITY OF KENAI 210 Fidatoo Kenai. Alaska 99611 M3441 FAX 283 3014 the CITY OF T�ENAI. JESSE S. WADE AND CATHERINE WADE also covenai. and warrant that said property shall be conveyed to the CITY OF KENAI Free and clear of anv liens ;or-e�ances. i �. i..is Mutual Rescission an_d'ijs seshall not be effective � { until signed by all parties. Iii WITNESS WHEREOF, the parties hereto have set their hands 1 and seals the day and year first written above. i !' DATE: ! CITY OF KENAI Bv: William J. Brighton City Manager ATTEST: I; Janet r.uotsa.ia, Cite Clerk I! I LA i I v :..1 U U L U• �� Li L 6J CATHERINE-'WADE ATTEST: Janet Ruotsala, City Clerk STATE OF ALASKA ) I ss. THIRD JUDICIAL DISTRICT ) On this day personally appeared before me JESSE S. WADE AND CATHERINE WADE to me known to be the individuals described in am 2 - MUTUAL RESCISSION AND RELEASE .mothy J. Rogwn Cay Alforney CITY OF KENAI 210 Fioalgo Mnal. Alaska 9%11 2n jM 1 FAX 293 V14 wno executed the within and --foregoing instrument and acknowledge t.`_aL t .ev_ signed the same as thei_7�"ee and voluntary act and deed r- -_or e uses and purposes th'eieYn :mentioned. ,;_7-EN under ^ly hand and official seal this day of _ I989. :dotary Public in and for Alaska. 'iv Commission Exuires : STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) '7ilS IS 7_0 CERTIFY `hat cn --'".is day of _ 1 39, idILLIn,I u . BRI:GHTON, Citv .,Ianager, City of Kenai, i nai Jldually, as as ;n :.is reoresentative capacity, being if personally Known to me or naving proauced satisfactory evidence ofj identification, appearea ce=ore me ana acxnowieagea the voluntary; and author,-zea execution of the Loregomm.%,instrument on behalf of, said - ty. 3 - MUTUAL RESCISSION AND RELEASE �-.euoiic in ana for Alaska. . ;::mission Expires: KENAI PARKS AND RECREATION COMMISSION March 28, 1989 Kenai City Hall Chairman Richard Hultberg Presiding 1. ROLL CALL Present: Richard Hultberg,Ron Hansen, Cliff Massie,Dale Sandahl,Roger Siberg, Kayo McGillivray, Council Representative Art McComsey. 2. APPROVAL OF AGENDA Agenda was approved as read . Date change to March 28, 1989. 3. APPROVAL OF MINUTES Minutes were approved as read. 4. PERSONS PRESENT SCHEDULED TO BE HEARD A. Unity Bike Trail Representative. No person attended to speak on behalf of this. 5. DIRECTORS REPORT Kayo McGillivray went over a number of things which follow. Burger and Brew won the league championship. While attending the Beautification Meeting he was asked if the Lawton area could be cleaned. This will be looked into and reported on later. Prison persons at Wildwood are making numbers for signs to be used on the BiCentennial sign. They may also do some clean up work along the highways and parks. Mr. McGillivray will report on this at a latter date. Purchase order is in for a new and safer mower from Craig Taylor Equipment. It will be in use this summer of 1989 and will definitely help in doing a better job. 6. OLD BUSINESS a. Budget At the first session of the budget meeting a cut was made however some vans have been purchased so storage aay be available for the Parks and Recreation equipment. b. Status of Little League Complex on Spur Rd. Since the Little League is not able to come up with any type of funding this may have to be put off until another time. -'7. NEW BUSINESS a. NRPA Regional Meeting, May 20-24, 1989. .mothy J. Rogers City Attorney CITY OF KENAI 210 F.aaloo Ken&.. AlaSka 99611 2833441 FAX 283 3014 I ne _ ,CSSE S. 'JADE :D C ,THERINE WADE also covenant 7G Darr, 7t 7aL '?_ rC^�1 t'' ^ai JP_ CO 7Jr?��eG� t0 the CITY OF _roend _. a P.7 l_ ns -r "nc,=brances.' i i 'utual 3esc:-ssicn 3n.d 7 elease•'shall not be effective i until signed by all -:art--es. i WIT :iESS WHEREOF, the oart--es hereto have set their hands i and seals the day and year first written above. DATE: -Y OF 1=1AI iiiliam o . 6rignton !Tanager ATTEST: TT ST: D.y1F.. -SS- S. WADE A T HERINE WADE ATTEST: Janet Ruotsala, City Clerk STATE OF ALASKA +f ! ss. THIRD JUDICIAL DISTRICT ) f+ On this day personally appeared before me JESSE S. WADE AND I, CATHERINE WADE to me known to be the individuals described in and 2 - MUTUAL RESCISSION AND RELEASE Timothy J. Hogals Cny Alton V CITY OF KENAI 210 F,eaioo Kenai. Ala]ka 9%11 283 3" 1 Fax 2X3 3U14 ino executed r.he within and foreacing instrument and acknowledge': "hat thev signed the same as }heir an&,voluntary act and deed! -or -..2 i,ses _ana tiurooses t :erein nentio iedS C71;7"; .naer my nand ana ofal seal this day of i989. iotary Public in and for Alasxa. Ay i,c-mmission Exz)ires : _ STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) fH!S _13 ,O CERTT."_' that on this _.ay of 1989, ILL7:i 3°7_GHT017, City Manaaer, City of Kenai, inaiviauall'T, as .7e—, - as in his renreSentative canaclty, .being personally rncwn to me or navina proaucea satisfactory evidence of identification, appearea be=ore me ana acknowiedgea the voluntary! and autnorizea execution Of zne LorecToina instrument on nena.if Of saia C it: . ::otary Puoiic in ana :.or riiasKCi. :ommission expires: 3 - MUTUAL RESCISSION AND RELEASE .mothy J. Rogers Cily Allnrnelr CITY OF KENAI 210 F-041w Ken Br. AIa3M19%11 2813u/ F ON 281 Nni '_t;LEASE: AND MUTUAL RESCISSION AGREEMENT -,,SE -TAD ._ 1D CWHERITTE WADE, of 10" South Willow Street, u�-., 5 . _;ena- , Alaska . g9611 , --,nci the CITY DE 'ENAI , on t its av of 1339 , do hereby agree to a partial j re-_ase ana mutual rescission as aescr-ber3% hereafter of that ! certain. Deea of Trust and accompanying Deea of Trust Note dated ; June 24, 1985 and recorded in Book 264, 027 in the Kenai Recording i i Distr__._, T':ir:-uc_ic_ai District, State of _-_-asxa of the followincr esc ea real arenertv:. -r�c-� - e -.•.,o _.i �-__.nee-i) 3-E'our A :'OI=T STATES , 'lat o. 4-_,.U'! , Kenai _u__.zi _-Lst__c _. __.. uac i a istr_ct, State of .yT EHZE:!E -OiADE nereoy cJ.Cct to exercise ?aragrzo:l « _=�lo:c-:ent�onea Deedi _rust ana request release of _rac :s -= ou.r l3-4) ana 3-Five (D-c) , DENTA' INA POINT ESTATES, _ tat ;1o. _.i7, Kenai .Zecoraing District, Third Judicial i District, State oz iias,�:a. 2ursuant to the partial release clause of the above-mentionea ,eea.._or Trust, JESSE S. :JADE AND CATHERINE WADE must pay :.e ITY OF ,:ENAI the amount of SEVENTY -FIGHT II THOUSAND ONE HUNDRED :;TY-FIVE DOLLAr, S A'TL) SEVEPITY-EIGHT CENTS I d ' ($78,165.73) , in aadltion ;:o my ana ail amounts paid up to this date under the above-^?entionea lleea of 'Trust agreement. Said payment must be by certizieci :.: ect: or money order. j I 1 - PARTIAL RELEASE AND MUTUAL RESCISSION AGREEMENT Timothy J. Rogws City Attompy CITY OF KENAI 210F,Q81g0 Kasai, Alaska 9%11 293-3a11 FOA 2113 301 a 3. Z UT<JAL RESCISSION ,7 '"SS7 ._. -7ADE AND CATHERI'?'E MADE and the CT_TY OF KENAI hereby nutua-i�; rescind the above -mentioned Deed of Trust and accompanying Deets of-"r,.Ist Note. That in consideration of the mutual rescission I and termination of said Deed of Trust and Deed of Tru$t,iNbte, JESSE 1). 7ADE ?D CAThERI�IE V7ADE and the CITY OF KENAI are each finally V r i discharged as to the other on said Deed of Trust and Deed of 'Trust I Note subject to the followinq conditions: _ . -..at- any and aii monies paid by J ;SSE S. o'IAD j AND WADE to the CITY OF KENAI, inciudinq out not li-nited to t:Ie down payment ana any installment payments made hereto, incoy nc ne above-ciescriDea property, snail remain the 0rc7lert1> or. the _17' OF KEIIAI and that ;ESSE S. WADE'. AN- 7AD]! srlal_ gave no right wnatsoever to Baia monies. ar. zrior to t .e execution of this 2artiai ReLease inc :Mutual Zesc,�slon, ,�SSi S. WADE AND C,ATHERl:jE WADE shall execute and deiiver a 'darranty Deed conveying Tracts B-One (B- 1) 3- E',ao t 3-2)) , 3-Three -. } B-Six (3-6) , B-Seven (!3-7) B-light 6-3) ?O1.1T ESTATES, Plat No. 84-107 , Kenai Recording District, -.'Iiira Judicial District, State of Alaska, to the CITY OF KENAI. JESSE S. WADE AND CATHERINE WADE alsol covenant anti .warrant that saiu property shall be conveyed to the CITY OF _:ENAI Free ana ciear -Dt any liens or encumbrances. 3. This Partiai Release aria Hutuad. &escission snail not be effective unt:ii signed oy all the parties. 2 - PARTIAL RELEASE AND MUTUAL RESCISSION AGREEMENT •71 ':.ESS ,'HEREOF, `h ` art s Hereto have set their _lands i yea u 3 }d _ . ,ear _ _ st hove a„ en . - i i ATTEST: 'iv: William j. 3r_anton i vlanager jEESSZ S. ,'TADE' 1': CT 7. av Dersoriai_J a: pearea 1Jerore me --SSE S. JADE anCl i _0 oe tae inQiVlCltlaiS C1eSCY'1D2C7 In and I -mo=xecutcc ::-le -it:lin and Foregoing instrument anu acxnowieaged tha a .e , signed ;.a sa;:ie as their tree ana voluntary act and deed fo: t �a uses -nd Dtirposes nereln- :-eiitioneu. G-- E:. uzaer _.y 'aan.a _nd official seal tnis day of r:otary 'ubiic in and for Alaska. My o^mission E.-mires: STATE OF ALAS A ' ss. i THIRD? JUDICIAL DISTRICT i T?:iS _. S TO CE—RTIFY that on this day of 1989, 14ILLIA11 J. BRECHTON, City Manager, City of Kenai, individually, is well as in iris representative capacity, being i i Imothy J. Re"rs City Attorney CITY OFKENAI 3 - PARTIAL RELEASE AND MUTUAL RESCISSION AGREEMENT 210 FWat00 Kenai. A1&Sha 99611 2833441 FAX 2W 3014 - t� Timothy J. Nogws C,ty Attal�v CITY OF KENAI 24 F,aaWo KeeW AtaW TM I 2&) 3441 FAX 283 3014 _ v _ scnal ...c-.n `o 7.e or having produced satisfactory evidence oL - _a..._ ___ ^pear ed before me qnd acxnowledged the voluntary _o ;.;t cr_z9a mecuzion of the _orewi g instrument on behalf of ilia �Ir ::ovary °ubiic in and !or Alasxa. Ay Commission Expires: 4 - PARTIAL RELEASE AND MUTUAL RESCISSION AGREEMENT WARRANTY DEED GRAPTORS, JESSE S. WADE AND CATHERINE WADE, husband and -•;ifs. ::nose address is 01 South Willow, Suite 106, Kenai, Alaska, `9611 . for and it consideration of TEN DOLLARS AND NO1100, in hand Q..___. 7onve7s ann warrants to the CITY Or KENAI . the fn1lowinc7 Qesc vDva reRi estate: TRACTS B-One (B-1), B-Two (B-2), B-Three (B-3), B-Six ( B--6) , B-Seven (B-7) , B-Eight (B-8) , C-Two (C-2) , and C- -"t- -_) , DE A INA POINT ESTATES, Plat No. 84-107 , :, n.__ nec ,raina Dist:: cr. , `ini _ a Judicial Zistrict, State CATHERINE WkBE STATE OF ALASK,% SS. THIRD JUDICIAL DISTRICT ) -'89. On this day personally appeared pefore me JESSZ S. WADE and CATHERINE WADE, to me known to be the in'QfFiduals aescribed in and who executed the within and foreaoina Yi7 tz7u�ent and acsnowledged li that they signed the same as their free ana LNl,untary act and deed for the uses and purposes tnerein mentioned. GIVEN under my hand and official seal this day of I� Notary Public in and for Alaska. My Commission Expires: 11 i i i totAy J. Rogers C,tv AtIn,nev �. CITY OF KFNAI !! i Ij 1 - WARRANTY DEED j 2M FiA01p0 � Kenai. Aia%ka 9Q6A'1 II 281'ueI I I FAX 2Rt 11,14 Timothy J. Rogers City Alto-ov CITY OF KENAI 25 "Moo KMac Alaska 9%11 MM lul FAX 211't 3U14 :STOMEL Ar r T_DAVIT TAT_. OF =LAS A s 1 ss. 7HIRD 5UDICIAL 31ST'.ICT KENAI RECORDING DISTFICT ,SSA A. 7AD ' AND CATHERINE. MADE, being first duly sworn, depose and say: tat c.aay are the identical eartied'who :jade, executed, and delivered that certain deed to the CITY OF KENAI, c.ated 1989, conveying the following described = eai ._rose=7: _":i= ne 3-1) , 3-Two 1 3-3 i 3 1 3- i 'i , 3-giant 3-8) , _pro i C-n) , ana C- - . - ..A i_:A 20INT ESTATES, '_'lat o _ 84-_U7 , -en ' : vcnrainu wistricz, laira Juaiciai Jistrict, estate __ e - Loresaid aeou is inLenaea to ae ana is an ansc-nue _c iveyance ! -no —,n The premises co the Grantee nanew =nor. ln' ina was . ou mill: is ooC now inL2naea as a mortgage, Trusz asnvoyanca, .i security at any nina; tnat it was the intention o= ttianLS ds Grantgrs in one aeea to convey, and by the deed tnase attiants uid convey, to the Grantee thereon, ail their r_g7t, title ana -interest ailsoiutely in and to the premises; i I i that possession of the premises has been surrendered to the Grantee. i 3. That is tide execution ana aelivery of the aeea, Aff ;.ants t were not acting under any Misapprehension as to the effect thereon, and acted freely and voluntarily and were not acting under coercion or duress. I - ESTOPPEL AFFIDAVIT "_1hat 7onsideration for the deed was and is navment gum o= TE: 11OLL11 , ?D ;O/ 00 1:$10.00) y n: the cancellation o� i_i :eDts, cbiications, .-os :S, :nc ^ iar ,es =attired bV t_.ose certain Deeas or Trust on i.e nroperty executed DV ifriants herein as ts) ' o _'r ;?� R TI'TL`� SU2�iidC.E �Ci�C7, 1.7C.. as :'rustee for t'he benetit of Grantee(s) in saia Deed,"'S�oredescribea, and recorded in Boos 264, r'aaes 027, 030 and 032, Kenai Recording tom13 ..:_st:_.__, tat._ ._asKa, ana _ne _-2c= -evRnce o% ne 2r. :.rt r _-ter ".ne LDeeas oL ':r'UsL: ..nat at LCIe i7e the C:2ea. _Zianzs zeli�ve_a ana now oelleve Lnat the itCr Sal Coils ?ures�=ncs -_ae _,,air va-Lue oL the so =ne 3eneLiciary :ierez)y uec-tare tnat -)r �_nv _..er =ncu:aorances against _%eing conveyed by sa:Ld I, Deeci.. i r aL are ici- _nSOlveriL at the time of the executi on of `:;is :,f_idavit ana that this ,greenient will not cause i �.� the Affianr_s ro eco-.e _nsoivent. tti {i 6. Tllis ,,-f-aavit mane for the protection ana benetit of any title compar:y ;no .: iv �:,e about to insure tale title to the property in reliance :ier Jon, and my ocher title company tilat may i hereafter !:-,2 co '_ne property. i I Timothy J. Ragays �I Cif v A!lornev CITYOFKENAI 2 - ESTOPPEL AFFIDAVIT 210 F,nata0 Konar. AlaSwa 99611 iII 293 Jut i FAX ?R3 JUta TIM01hy J. Rogom Cih, Atlornev CITY OF KENAI 210 F,daiao KMas. Alaska 99611 293 3441 FA% 28'1 3111 a nt ?iii rests~� declarQ, repose, or certifj -_ iIunai , ), t cer, or oerson in anv case now --,.a,.7 ^erearter ins Lituted 'tc the truth of the 4 ac ,7�s '^erei nanove- set v .JJ., IS. ,;ADS, CATHERINE WADE IND -,70R1j to '----.ore Me -.._s day of :o7ary t uniic in ana zor :�iasxa. ,mission expires: 3 - ESTOPPEL AFFIDAVIT 2 __—PA"FNTS -OVER—S"00 WHICH —NEED -MUNCIE APPROVAL OR RATIFICATION COUNCIL MEETING OF: APRIL 5, 1989 FOR RATIFICATION: 10 VENDOR DESCRIPTION --DEPARIMENT- AMOi..\ I ,2 .4DU41RIAL ELECTRIC REPATH LIFT -STATION PUMP SEWER REPAIR M.AINTENANCE 1 "10, 0 0 (GRIG AllPFAT) 1. FOR $1500) STATE OF ALASKA GARNISHMENTS VARIOUS LIABILITY 2,204.52 DOYLE'S FUEL SERVICE MISCELLANEOUS FUEL SHOP OPERATING 3,138.11 1. C N-A -- RETIREMENT—COEP. --MARCH -SUPPLEMENTAL REZIRLMENT VARIOUS ------SUPPl.E.MFNlAL -RETIRE- OUS_ 7 9 ic 2t I.C.M.A. RETIREMENT CORP. MARCH DEFERRED COMP. VARIOUS LIABILITY 10.125.00 27 22 23 WOMEN'S RESOURCE CENTER FEBRUARY CHILD CARE WOMEN'S RESOURCE ACCOUNTS RECEIVABLE 13,368.61 lc 24 1 ALASKAN FEDERA—G.U. lARCH CREDIT UNION W/H VARIOUS LTABlTITY 13,932.00 BLUE CROSS OF WA AND AK APRIL MEDICAL INSURANCE VARIOUS HEALTH INSURANCE 23,859.93 is 27 HOMER ELECTRIC ASSN. ELECTRICITY USAGE VARIOUS UTILITIES 28,109.22 ------FEBRUARY RETIREMENT W/H ---VARIOUS 40 31 32 NATIONAL BANK OF ALASKA MARCH FEDERAL W/H AND MEDICARE VARIOUS LIABILITY 43,683,45 34 RANTER NATIONAL BANK 1984/1986 DEBT SERVICE INTEREST 1984/1986 DEBT SERVICE INTEREST 44.625.00 34 37 RANIER NATIONAL BANK 1984/1986 DEBT SERVICE INTEREST 198411986 DEBT SERVICE- --INTEREST---, 63�711.00 30 NATIONAL BANK OF ALASKA CD 3/17/89 CENTRAL TREASURY CENTRAL TREASURY 700,000.00 8.4% INT. 39 _____.___.__CENIRAl TREASURY ENIRAL__lRE_lk5URY___ 75.0,000.00 —.8. 5 %_ IN 1. 42 CD 3/31/89 CENTRAL TREASURY CENTRAL TREASURY 550,000.00 8.5% INT. FOR APPROVAL: 49 A t!* *!!m! *2! L*'k VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT MISC. G & 5 CONSTRUCTION PAY ESTI"!ATE i,3. A.P. RENOVATION A.P. RENOVATION CONSTRUCTION 60,190.00 52 53 is so 2 REOUISITIONS OVER $1,000 WHICH -NEED -COUNCIL APPROVAL—.-- COUNCIL MEETING 01: o APRIL 5. 1989 t+ttttttttattr.txtxtttxtttxttxxttxttttxtxxtxtttttataa:t�_ti•tee::::xxtxxxxx �-xxxr.xi:xi:xxxi:xxx+.�-r.isA.:taxxxr..a.txr.-r.-i:xr.xttxtxxec: .. .. .. .. .. .. .. .. .. .. .. .. .. ..__:. VENDOR DESCRIPTION UEPAI,IMENI 1T ynr i to tt UYNIX ADDN. MEMORY FOR ULTIPIAIE CO."1PUIER iIBKARi LiLi,%Rl CJINSIRUCTI0% i.o0w.iiv u I i{ COMMUNICATIONS ALASk.A REPAIR ALARM SYSTEM - REC. CENTER RECREATION REPAIR & `L;INTENANCE I,570,00 u - -- — KENAI STEEL-STRUCTIRES -- -- --STEEL-DOORS, PER OSHA REGULATIONS - STREETS REPAIR. & 3AINTENANCE 2.400.00 to n 10 ANCHORAGE COLD STORAGE GROCERIES FOR APRIL CONG./HOME MLAL', OPcR;TIS� 3.000.00 -. ,o 20 CRAIG TAILOR EQUIPMENT CO. 21 22 BOOM MOWER BEAUTIFICATION IRS - MACHINERY& EQUIP. 7,675.O0 2. 14 26 2111 to 12 13 , it 10 to 17 I� .: Is 1 S, 0 0; 0 Ot Suggested by: Administration City of Kenai ORDINANCE NO. 1312-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,666,452 FOR AIRPORT RUNWAY AND TAXIWAY C OVERLAY AND RELATED LIGHTING IMPROVEMENTS. WHEREAS, the City has applied for and expects to receive an AIP (FAA) grant in the amount of $1,562,298 for Airport Runway and Taxiway C overlay and related lighting improvements, and WHEREAS, the City has received a State of Alaska grant in the amount of $52,077 for this purpose, which will be matched with City Airport money. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Land System Increase Estimated Revenues: Appropriation of Fund Balance $ 52,077 Increase Appropriations: Airport M&O - Transfers $ 52,077 Runway/Taxiway Overlay Phase II Increase Estimated Revenues: Transfer from Airport Land System $ 52,077 State Grant 52,077 FAA Grant 1,562,298 $ 1,666,452 Increase Appropriations: Administration $ 5,000 Engineering Design. 8,050 Inspection 115,000 Construction 1,538,402 $ 1,666,452 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of April, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: Second Reading: Effective Date: Approved by Finance: (3/23/89) jal April 5, 1989 April 19, 1989 April 19, 1989 Suggested by: Public Works CITY OF KENAI ORDINANCE 1313-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $135,000 IN THE DOCK FACILITY CAPITAL PROJECT FUND FOR EXPANSION OF PARKING AND STAGING AREA. WHEREAS, the City desires to expand the parking and staging area adjacent to the boating facility/dock, and WHEREAS, the City has received $85,000 from the Kenai Peninsula Borough which the City has appropriated toward construction of this project, and WHEREAS, the total project cost is estimated to be $220,000, and the cost in excess of the Borough appropriation may be financed by the General Fund Capital Improvement Reserve. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Capital Improvement Reserve $135,000 Increase Appropriations: Non -Dept. - Transfer to Capital Project Fund 135,000 Dock Facility Capital Project Fund Increase Estimated Revenues: Transfer from General Fund $135,000 Increase Appropriations: Inspection 7,000 Improvement other than Buildings 115,000 Contingency 13,000 $135,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of April, 1989. ATTEST: Janet Ruotsala, City Clerk Approved by Finance C� JOHN J. WILLIAMS, MAYOR First Reading: Second Reading: Effective Date: April 5, 1989 April 19, 1989 April 19, 1989 1791-1991 CITY OF KENAI "od G'ap4lai 4 _ 210 FIDALGO KENAI, ALASKA 99811 TELEPHONE 283.7535 FAX 907.283.3014 MEMORANDUM TO: Keith Kornelis, P.W. Director FROM: Jack La Shot, City Engineer DATE: March 29, 1989 SUBJECT: Kenai Boating Facility - Addition to Parking/Staging Area Bids were received today to construct the above -referenced project as follows: Contractor Foster Construction Doyle Construction H2.1 Construction, Inc. Basic Bid $203,682.06 $209,839.80 $224,517.70 Alternate Bid $199,906.06 $201,579.80 $216,021.70 The basic bid is to utilize Type III material from the Redoubt Landfill and the alternate bid is for contractor supplied Type III material. Obviously, if the City accepted the alternate low bid of $199,906.06, we would save some money and still have the 50,000 tons of type III materia available to us at the landfill for use as street sand or for other projects. We will, however, have to devise some method of removing the material from the landfill or negotiate with the KPB to :Leave it there. I will be talking to them more about this. I would suggest the following budget for the project. Construction $200,000 Admin., Surveying, Testing 7,000 Contingency 13,000 TOTAL $220,000 AGREEMENT THIS AGREEMENT is made between the KENAI 144 N. Binkley Street, Soldotna, Alaska 99669 "Borough"), and the CITY OF KENAI, 210 Fidalgo Alaska 99611, (hereinafter "City"). IT IS HEREBY agreed to as follows: PENINSULA BOROUGH, (hereinafter Street, Kenai, 1. The City will give its approval to extend the Borough's landfill permit from November 30, 1988, to December 31, 1989, or until the final 80' xc 1,OCO' trench is filled, whichever is the latest. 2. The City gives its approval to the continued use of five acres at the entrance of Kenai Landfill site as a transfer site after closure of the landfill operation so long as the Borough maintains the existing buffer zone and a clean and orderly site is maintained. 3. The Bcrouch will provide up to 50,000 tons of sand for use by the City in its dock faci_ity or other projects as neede-- by the City subject to the time limit of this Agreement. The City must remove the sand from the landfill by August 30, 1989. 4. In any project using the sand, the City will bid the project using procedures as required by the Kenai Municipal Cod - and will include in the bidding documents the Borough's Ta:: Compliance Certificate. 5. In addition, the: Borough will provide a payment of $85,000.00 to the City in exchange for approvals given in Sections 1 and 2 of this Agreement. 6. While this Agreement remains in force, the Borough will obtain exiszinq landfill contractor's permission to allo,. the City to have reasonable access to the landfill site on time and dates requested in writing by the City of Kenai and approved by the Borough. 7. The City is responsible for the use of the sand furnished under this agreement, and the Borough makes no warranty of suitability of the sand for any use or purpose that the City chooses. IN WITNESS WHEREOF, we have executed this Agreement on the day and year indicated below. DATED this day of Q4-r- 1988. CITY OF KENAI KENAI PENINSULA BOROUGH Willi m J. Br ton, Manager Don Gilman, Mayor 1791- A/ CITY 4F _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: William J. Brighton, City Manager FROM: Keith Kornelis, P.W. Director 6/e DATE: March 31, 1989 SUBJECT: Kenai Boating Facility - Parking/Staging Area FOR: City Council Meeting of April 5, 1989 The City of Kenai received three (3) bids on March 29, 1989, at 2:00 p.m. for the construction of the Kenai Boating Facility's Addition to the Parking/Staging area. As is shown on attachment A, Foster Construction was the apparent low bidder at $199,906.06. The basic bid on this project was to build the parking/staging area using sang that would be furnished from the Kenai Peninsula Borough Landfill. The alternate bid allowed the contractor to furnish his own sand on the project. A]'.1 three contractors bid a lower amount for furnishing their own sand because the haul distance to the project site from their pit is considerably less than hauling from the landfill. If we accept the alternate! bid the City of Kenai will get the parking/staging area built at a lower cost than the basic bid and we will also have 50,000 tons of sand available at the landfill for our future use. Attachment B is a copy of the agreement between the City of Kenai and the Kenai Peninsula Borough concerning the Kenai landfill. Item 5 of the agreement simply states that the Borough will pay the City of Kenai $85,000 in order to 1) continue using the landfill site until December 31, 1989 or until the trench is filled, and 2) the right to use the landfill in the future as a transfer site. Item 3 states that the Borough will provide 50,000 tons of sand and that the City must remove the sand from the landfill site by August 30, 1989. If the City Administration gets the clearance to proceed with this project we will contact the KPB and see if we can make an arrangement to store the sand on site at the landfill until it is needed. If we cannot come to an agreement with the KPB on this matter it may be necessary for us to stockpile the material at the old City Dump. This stockpile material could be effectively hauled by the use of scrapers at probably less than $1.00 per yard. We would then have 50,000 tons of good sand for future use. Page 2 Attachments C and D are copies of estimates that were submitted by the Public Works Department concerning the cost of this project. As you can see from attachment D, page 2, the 300' x 500' staging area (which is what was bid) was estimated in May of 1987 at $306,600 which is considerably higher than the actual bid that we just received. This is a reflection of the advantageous bidding climate that we have at this time. The appropriation ordinance for funds for this project are in the council packet for the upcoming April 5th meeting. This ordinance is only up for introduction and therefore the resolution awarding the contract to Foster Construction Company will come before Council at the April 19th City Council meeting when the ordinance appropriation comes up for fund approval. 9 -Na, TO: FROM: DATE: SUBJECT: 1791-1991 CITY OF KENAI %Od Cajada� 4 4iado6a _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 _ FAX 907-283-3014 MEMORANDUM Keith Kornelis, P.W. Director 1 Jack La Shot, City Engineer March 29, 1989 Kenai Boating Facility - Addition to Parking/Staging Area Bids were received today to construct the above -referenced project as follows: Contrac_or Basic Bid Alternate Bid Foster Construction $203,682.06 ($199,906.06 I& Doyle Construction $209,839.80 $201,579.80 H2W Construction, Inc. $224,517.70 $216,021.70 The basic bid is to utilize Type., III material from the Redoubt_ Landfill and the alternate bid is for contractor supplied Type III material. Obviously, if the City accepted the alternate low bid of $199,906.06, we would save some money and still have the 50,00o tons of type III material available to us at the landfill for use as street sand or for other projects. We will, however, have to devise some method of removing the material from the landfill or negotiate with the KPB to leave it there. I will be talking to them more about this. I would suggest the following budget for the project. Construction $200,000 Admin., Surveying, Testing 7,000 Contingency 13,000 TOTAL $220,000 Ai'iAOHMENT PAGE / 0F_1�.....�'' 1aIT/eT AGREEMENT THIS AGREEMENT is made betvreen the KENAI PENINSULA BOROUGH, 144 N. Binkley Street, Soldotna, Alaska 99669 (hereinafter "Borough"), and the CITY OF KENAI, 210 Fidalgo Street, Kenai, Alaska 99611, (hereinafter "City"). IT IS HEREBY agreed to as follows: 1. The City will give its approval to extend the Borough's landfill permit from November 30, 1988, to December 31, 1989, or until the final 80' x 1,000' trench is filled, whichever is the latest. 2. The City gives its approval to the continued use of five acres at the entrance of Kenai Landfill site as a transfer site after closure of the landfill operation so long as the Borough maintains the existing buffer zone and a clean and orderly site is maintained. 3. The Borough will provide up to 50,000 tons of sand for use by the City in itii—dock facility or other projects as needed by the City subject to the time limit of this Agreement. The City must remove the sand from the landfill by August 30, 1989. 4. In any project using the sand, the City will bid the project using procedures as required by the Kenai Municipal Code and will include in the bidding documents the Borough's Tax Compliance Certificate. Y 5. In addition, the Borough will provide a payment of $85,000.00 to the City in exchange for approvals given in Sections 1 and of this Agreement. 6. While this Agreement remains in force, the Borough will obtain existing landfill contractor's permission to allow the City to have reasonable access to the landfill site on time and dates requested in writing by the City of Kenai and approved by the Borough. 7. The City is responsible for the use of the sand furnished under this agreement, and the Borough makes no warranty of suitability of the sand for any use or purpose that the City chooses. IN WITNESS WHEREOF, we have executed this Agreement on the day and year indicated below. DATED this 7 day of 4-z-, 1988. CITY OF KENAI ATTACHMENT '�ht3E � Or � ••�•�� Willi m i. Br ton, Manager KENAI PENINSULA BOROUGH Don Gilman, Mavor CITY OF KENAI "o (gdpdai 4 4,ladM If 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283.7535 MEMORANDUM TO: Charles A. Brown, Finance Director FROM: Keith Kornelis, Public Works Director DATE: May 26, 1987 SUBJECT: Federal Revenue Sharing Below is a list of the items requested by the Public Works Department for Federal Revenue Sharing Funds. GENERAL FUND STREETS_ -MOBILE RADIO & PORTABLE RADIO 3 000.00 The mobile radio will be used in our new IT 28 Loader which was not included wita the equipment when purchased new. We found this loader to be a very versatile piece of equipment but the lack of communications with the operator has put a handicap on our operations, especially on the Airport where radio communications is vital. The portable radio is to reoiace the radio that was stolen by the burglar that broke into ou. buildings this last winter. This radio is used quite extensively by individuals out of their vehicles working on signs and especially on the Airport while working on runway lights, etc. STREETS -_BROOM FOR LOADER TO SWEEP SIDEWALKS - $8, 500.00 This is for a loader mounted broom to be attached o our IT 28 which will help greatly in our sweeping cleanup program. It will be used quite extensively on the Airport where sand can be thrown to the side for great distances before having to be picked up. It will save a considerable amount of time and equipment wear on our existing sweeper. This sweeping attachment would be very helpful on sweeping sidewalks, intersections and berm'ing up the sand along the roads for final Pic':up with our mobile streer- sweeper. STREETS -_REPAIR WARM STORAGE BUILDING NO. 1 i$15�000 Our No. 1 Storage Building is in bad need of repair. We are constantly working on the overhead doors which are binding because the building is actually leaning. We plan on adding some metal rods to improve the structural stability of the building.. Work also needs to be done on the roof which leaks and the cement pads which have frost heaved and are breaking up. T SEWER - LARGE SEWER LIFT STATION PUMP AND ACCESSORIES- 510, 000 _00 These funds would be used to purchase a new lift station pump with accessories for the lift station on Peninsula and Broad. This lift station and the pumps were installed in 1980. It is the City's largest lift station. These funds would be used to provide a back up pump for the lift station. CAPITAL IMPROVEMENTS Please find a letter attached from Jack La Shot dated May 22, 1987 with cost estimates for the following projects: Sewer Interceptor to Thompson Park - $1,450,000.00 Water and Sewer to Beaver Loop - $1,481,000.00 Lawton Drive - Golf Course to Swires - $250,000.00 RV Park Staging Area - City Dock - $103,476.00 - $367,920.00 Also included in the attachment is upgrading of Candlelight DrivE! - Paving - $224,000.00. KK/kh i":itEI'l DEPT\PWDIR\FRS.LTR •� a r o: CITY OF KENAI 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 MEMORANDUM To: Keith Kornelis, Public Works Director From: Jack La Shot, City Engineer Subject: Project Estimates - Federal Revenue Sharing Date: May 22, 1987 As requested, I have prepared the following cost estimates for the following projects: Sewer InterceAtor to Thomnson Park Engineering is complete and permits for the Beaver Creek crossing have been obtained. The cost estimate from the 1987-88 CIP pamphlet appears accurate. $1•, 450, 000 Water and Sewer to Beaver Loop This project was engineered in 19.79 (Water and Sewer Improvements - Beaver Loop Road - West), however, an update will be needed. This would provide main lines only along Bridge Access Road to a point near the intersection of Beaver Loop. Construction $1,125,000 Engineering Update 10,000 Inspection, Surveying, etc. 112,000 Utility relocates (State R/W) & Power to Lift Station 100,000 1,347,000 Contingency .10% 134,000 TOTAL $1,481,000 -'AGE pF a Lawton Dr. - Golf Course to Swires Provide gravel road, 'water and sewer mains, and services. The sewer main line design is complete as a part of the Interceptor Project. _ - Construction $ 190,000 Engineering 12,000 Inspection, :surveying 25,000 227,000 Contingency - 10% 23,000 TOTAL $ 250,000 Candlelight Drive - Paving Provide strip paving from the Spur Highway to Lawton. Construction $ 177,000 Engineering 91000 Inspection, Surveying 18,000 204,000 Contingency - 10% 20,000 TOTAL $ 224,000 R.V. Park - Staging Area - City Dock — �- Fill a larger area adjacent to the existing parking area for use as R.V. parking, staging area, boat trailer parking, etc. 300' x 500' 170' x 500' 130' x 500' 70' x 500' Construction $306,600 $130,357 $146,030 $ 86,230 Engineering, Inspection, Surveying - (In house desgin) 30,660 18,036 14,603 Contingency-10% 30,660 18,036 14,603 TOTAL $367,920 $216,429 $175,236 JL/kh DEPT\CITYENG.LTR s i A,: W P.i�l'iT p 8,623 8,623 $103,476 Suggested by: Library CITY OF KENAI ORDINANCE 1314-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,500 IN THE GENERAL FUND FOR CANCELLATION OF A LEASE AGREEMENT FOR A COPY MACHINE. WHEREAS, a copy machine at the Kenai Community Library was destroyed in an accident, and WHEREAS, the terms of the lease agreement require that the City pay the principal balance in order to terminate the lease. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Self -Insurance Reserve $1,500 Increase Appropriations: Library - Printing & Binding 1,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of April, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: First Reading: April 5, 1989 Second Reading: April 19, 1989 Effective Date: April 19, 1989 Janet Ruotsala, City Clerk Approved by Finance Director C-17d 14 -- 4 MEMORANDUM TO: Mayor J. Williams and Members of Kenai City Council FROM: Kim Howard, Administrative Assistant DATE: April 5, 1989 RE: Additional Information regarding the Former Dairy Queen Lease Facility The monthly rent is based on 6% of the fair market value. The appraisal included real estate, the building, furniture, fixtures and equipment. Value of Real Estate & Bldg. Plus: Restaurant Furniture, Fixtures & Equipment $331,500 16,500 $348,000 x 6% $ 20,880 (annual rent) 12 (months) $ 1,740 (monthly rent) The successful bidder is to pay the established monthly lease rate of $1,740, plus applicable sales tax. The one-time preimum is not for the equipment but provided a method of selecting a bidder. At any time during the first nine years of the ten-year lease term, the lessee, at its option, may purchase the leased premises at the fair market value. /kh t• C �.- Kenai River Special Management Area 21 Advisory Board " Cook Inlet Aquaculture Association Building 9:00 a.m., March 23, 1989 I. CF�LL TO ORDER President Heimbuch called the meeting to order in the Cook: Inlet Aquaculture Association Building at 9:07 a.m. ME14BERS PRESENT: Rod Berg, Loretta Breeden, Dale Bondurant, Loren Flagg, Floyd Heimbuch, Dennis Randa, John Vaughan, Al White, Frank Muller, Ron Rainey, Dolly Farnsworth, Dan Doshier, Duane Harp, and Kevin DelanE.y for Paul Krasnowski. MEMBERS ABSENT: Corps of Engineers representative. II. PUBLIC COM4ENT Ron Rainey spoke as an individual on his concerns of the lack of agency help to control bank erosion not caused by natural occurrences but by boats moving at high tide and foot traffic. He feels property owners need help since both Kenai and Soldotna derive revenues from the recreational fishery in the river; and yet the private land owner is being asked to pay individually to correct bank stabilization problems created by the recreational fishery. Ron Rainey was appointed chairman of a Ban}; Stab�.lization Committee with Al White, John Vaughan, and Duane Harp as memb(2rs. The committee will draw up some concrete suggestions for the Board to review at the next meeting. Mr. Riddle, a landowner also experiencing the same problem, would li:;e to provide the Bank Stabilization Committee with information he has received from the Soil Conservation Service and other agencies regarding their f.11rJJrt:t'.t.tailti J•1C C�Jt�J�1�I1J i.ilr� cy1'U�i{U11. Ernie Knackstedt, a .landowner, wanted to know what could be done tc keep guides from using his lawn as a toilet. Rod Berg asked him to give iira a list of guide boat numbers doing this and he will personally take care of the situation. III. COMMITTEE REPORTS Water Quality Committee: Dan Doshier reported he has been getting support for their resolution and has received 13 letters of support from legislators and the governor. The Director would like a fact sheet to go along with the resolution with suggestions as to who should get the r.oney. Coastal Zone Committee: Loren Flagg reported the coml-nittee net in January. The draft Kenai Peninsula Coastal Zone Management Plan has been approved by the Borough Assembly, and it will now be forwarded to the State Ccastal Zone Management Program for approval. There is some concern of the lack; of recreational concerns being addressed in detail. There was discussion of the need to start the development of the Ai4SA for the Kenai River. The KRSMA ADVISORY BOARD 2 Minutes March 23, 19=-9 committee would like to use the Kenai River Plan as a starting point fr-,r the AMSA. Work Dn the Kasilof AMSA has already started. IV. OLD BUSINr::'S A. Lower Five Miles of Kenai River. There was discussion as to why the lcwer five miles of the Kenai River was taken out of the original legislation. According board members from the original KRSMA Board, the City of Kenai was upset about having it in the Area and wanted to manage the harbor and mouth itself; and :if it hadn't been taken out the original Senate Rill, the bill would not have passed. Ron Rainey stated the City of Kenai does not want to do anything to damage the viability of the river-. They do not want to see commercial fishermen or industry be regulated as recreational fisheries. Frank Mullen pointed out that the Kenai River Plan boundary does include the mouth. Loretta Breeden stated the plan has not been adopted by the City of Kenai. Dale Bondurant felt the Board should make suggestions to include the river and go before the City Of Kenai and the state legislators. It was felt the City of Kenai should have a harbormaster to help control the harbor. Rod Berg stated that it h<3s been proven by Fish & Game biologists that the lower five miles has the highest diversity of fish life and it is the responsibility of this Board to protect it. Loretta Breeden stated the mouth should be included because it is the only heavy industrial area on the river, it is an unmanaged harbor, water quality is not be:_ng properly monitored, and wetland:, tidelands, and estuaries are important to the fishery. The intent of the original legislation was to designate the river and selected state-owned uplands into the state park system, to protect and perpetuate the fisher°�, wildlife resources and habitat in the adjacent area and to manage the recreational uses and development <activities in the unit and adjacent are.3s of the river. She wonders why this mandate does not apply in the lower pa r of the river when it apr.lies in the upper river. Jim Evenson, a commercial fisherman, stated he is against the inclusion (�f the lower five miles. The enabling legislation excluded it and he pointed out the Board would have to go through the same legislative procedure to include it. He felt this is a waste of time. He stated the use of the water in that area is not recreational below the bridge. He feels the canneries are doing a good job. He feels if it were included more and more recreational fishermen will be attracted to the area and that it would create a safety problem. He •dd-es riot feel any commercial fishing boats are contributing to the garbage dumping into the river. Loren Flagg wanted to know how the inclusion would affect permitting and EPA enforcement in Une area. Superintendent Garry stated it would not change any of the authorities of other agencies. It would give Parks more authority °:o handle any conflicts between recreational users in that lower five miles. Tim Hiner, a Kenai River guide, :strongly supported the inclusion of the lower five miles stating it is vitally important. It could only enhance the fish and wildlife development for all user groups included. In the upper part of the river, the development of the Kenai River Speci,il KRSMA ADVISORY BOARD 3 Minutes March 23, 1989 mana-ement Area has made a better- environment for everyone, including all fish and wildlife. He is concerned with the garbage dumping and chemicals used tc,, wash down commercial fishing boats and the toxins contained th rein. Sylvia Spearow, from the Kenai Peninsula Borough Planning Department, stat I she didn't feel one way or the other but wanted to bring to the Board's attention that there are other -ays of planning and regulating the lower five miles and addressing the problems that currently exist. The City of Kenai wants to update their City Comprehensive Plan. Tiie City probably has more authority over a lot of the issues than State Parks would have even if the area was included under their jurisdiction because Parks would only have authority over state lands and the water column. Many of the concerns are occurring on City -owned wetlands and private lands outsu_de the water column. The Board may tirant to present the City with a resolutlan of what the Board feels needs to be included in their plan. Another way would he through the Kenai Peninsula Coastal Zone Management Plan. That plan might also have more authority than the Kenai River Special Management Area Management Plan. The Board should address the KPCZI1P and mE,ke comnents about their concerns. I:t may be better to coordinate with other authori-ie:. rather than just focus on Parks. Phil Brna, Fish & Game Biologist -Habitat Division, has mixed feelinc-S. The most important consideration is to protect fish and wildlife no matter where it is on the river. however, what does putting it in the park realLy buv? There are now many existing authorities. We need to increase the presence of some of these authorities, especially that concern with pollution. DAN DOSHIER MADE A MOTION TO FORM A SPECIAL COM14ITTEE SPECIFICAL,L'i ADDRESSING THIS ISSUE TO FORMULATE FACTS'TO ASK THE LEGISLATURE TO INCLUDE' THE LOWER FIVE MILES OF THE RIVER INTO THE KENAI RIVER SPECIAL MANAGEI'IENT AREA AND TO PRESENT THESE FACTS TO THE BOARD AT THE NEXT MEETING. JOHN VAUGHAN SECONDED. MOTION CARRIED UNLIIILOUSLY. LORETTA BREEDEN MADE A MOTION TO REQUEST THE CITY OF KENAI TO DO THE FOLLOWING: 1) START WORK ON A TOXIC CHEMICAL/HAZARDOUS WASTE ORDINANC, 2) START WORK ON A WETLANDS ORDINANCE FOR THE CITY, AND 3) REGULATE 'I'iI- HARBOR AREA AND LOWER FIVE IJILIS OF THE RIVER. DALE BONDURANT SECONDED. MOTION CARRIED WITH 9 AYES AND 3 NAYS, WITH DOLLY FAIU SWORTH, FRANK MULLE-N AND JOHN VAUGHAN CASTING THE NAY VOTES. AL WHITE STATED SINCE THE FISH AND GAME HAS TURNED OVER THEIR AUTHORITIES TO STATE PARKS, HE MADE A MOTION FOR THE CITY OF KENAI ADOPT PARKS REGULATIONS REGARDING SPORTS FISHING AND GUIDING IN THE LOWER FIVE MII,LS 0"" THE RIVER. LORETTA BREEDEN SECONDED. Walter Ward explained the fishing regulations already apply in that: area as far as fish and game. Al White w_ thdrew his motion and will work with Ranger Ward to get a precise wording for his motion for the next meeting. -- FRSMA ADVISORY BOARD Minutes March 23, 1989 4 A Lower 5-Mile Committee was then formed with Dennis Panda as chairman and John Vaughan, Loretta Breeden, and Rod Berg as members. Kevin Delaney stated to will offer Fish & Game assistance. B. Bank Stabilization. Terry Bendock, from the Department of Fish & Came, gave a presentation on juvenile fish within the Kenai River.. There are at least 27 species of fish in the river and the Chinook Salmon are the most probable to be impacted by effects in or along the river. Rearing habitat preference appears to be contiguous along the main stream with naturally occurring habitat conditions varying. Cover is the greatest determinant of habitat preference. In the presence of instream or riparian cover, catch rates do not vary significantly. In the absence of cover, catch rates varied by depth, substrate size, and velocity. Adverse effects from removing cover can be mitigated by a) decreasing velocity, b) increasing substrate size, or c) increasing the depth. Structure permit stipulations need to insure suitable values for habitat. Groins are one of the most significant manmade obstructions effecting the movement of juvenile fish since all chinook fry need to travel the entire length of the river and probably over -winter in Skilak Lake. Water velocities around groin ends prevent fry from passing. C. Dunham Permit.. Al White questioned the status of the Dunham permit which Mr. Sonny Miller addressed t'.e Board last meeting. It appears the permit has been let prior to letting the Board look at the stipulations a agreed by the Corps of Engineers at the last meeting. Ranger Millington reported that Mr. Miller has had his property resurveyed recently, ,end a portion of the bulkhead does actually fall on Mr. Miller's property. The scope of the permit that all the agencies have issued only deal wit; Mr. Dunham's property. However, Mr. Miller does have an argument that leaving that portion of the bulkhead by itself will create a back eddy. This is basically a problem between neighbors. As agencies we are .not abu_e to mediate between their dispute. Al White reiterated his concern thaw the Corps had stated they would let: the Board see the permit prior to it "Cleing let and did not do so. ° D. Cooper Landing Selections. Arlan DeYong, from the Division of Lana and Water Management, gave a report of the status of the Cooper Landing selections. There are pending minicipal selections by the Borough of approximately 72,000 acres of state land of which parts are in the Cooper Landing area. State selections go through an application made to the Forest Service, the Forest Service approving or denying, and the approval being given to BLM for the processing of the patent to the State. It is the Division of Land's recommendation now to reject the Borough selections highlighted in green on his map, and then to include those lands (about: 345 acres) by executive action with an Interagency Land Management Assignment into the Kenai River Special Management Area. KRSP•IA ADVISORY BOARD 5 Minutes March :=3, 1989 AL WHITE MADE A MOTION FOR THE BOARD TO SUPPORT THE DIVISION OF PARKS & OUTDOOR RECREATION ENTERING INTO AN INTERAGENCY LAND MANAGEMENT AGREEMENT FOR THE COOPER LANDING SELECTIONS. LORETTA BREEDEN SECONDED. MOTION PASSED UNANIMOUSLY. E. Kenai River Corridor. Marcia Ward spoke regarding the Kenai/Kasi.lof Soil and Water Conservation District which is connected with the US Department of Agriculture. The purpose of a conservation district is to provide an orderly development of land for guiding settlement and preserving soil and water resources and controlling and preventing soil erosion. The district got involved with the Kenai River a few years ago and has been putting together accurate detailed information of the physical properties of the Kenai River corridor. The district offers technical assistance to citizens and now offers assistance to the Board. Doug Van Patten, soil scientist, spoke on the study which involves a soil study survey, a vegetation inventory, and a streambank classification. ,ITim Lawton spoke on the streambank portion of the study stating he would like to identify each different type of streambank erosion, draw up a group of solutions for each type of erosion that has each agencies' approval, and to put out publications to advise the public of their findings. There will be a specialist coming up in May to assist in a pilot study. In the Ri%,er Basin Program funding is declining and they are now looking for funds or cooperative agreements with other agencies. To do the 50 miles of the Kenai River is estimated at $116,000. AL WHITE MADE A MOTION TO CONTACT OUR LEGISLATORS AND ADVISE THEM THE SOIL CONSERVATION SERVICE CAN DO THE MECHANICS OF A SOIL ST'RVEY AND ENCOURAGE THEM TO SUPPLY THE FUNDING FOR IT AND TO SEND A LETTER TO OUR CONGRESSIONAL DELEGATION WITH THE GENERAL CONTEXT AND ASK DELEGATION TO BREAK LOOSE OF SOME MONEY FROM THE DEPARTMENT OF AGRICULTURE. FRANK 14ULLEN SECONDED. MOTION CARRIED UNANIMOUSLY. V. NEW BUSINESS A. Mooring Buoys. Ernest Knackstedt made an appeal to the Board to support approval of his placing a recreational mooring buoy at Mile 6 between May 1 and October 30. I.t will not be in the middle of the stream where boats drift. It is in a.,t.idal zone and would not be a problem area. He removed his last year when asked by a ranger to do so. There was discussion about Mr. Garcia's permits permitted through the Corps of Engineers prior to the Kenai. River Special Management Area being established. FRA14K MULLEN MADE A MOTION TO ADVISE THE DIVISION TO AUTHORIZE MR. ERNEST KNACKSTEDT THE USE OF HIS TRADITIONAL MOORING BUOY Oil THE TIDELANDS AND THIS AUTHORIZATION WOULD NOT BE TRANSFERABLE. AL WHITE SECONDED. MOTION C:iRRIED WITH 5 AYES, 3 NAYS, AND 1 ABSTAIN. MESS:;RS. BERG, RANDA, AND DOSHIER CASTING THE NAY VOTES AND LORETTA BREEDEIT ABSTAIINING . KRSi•IA ADVISORY BOARD 6 Minutes March 23, 1989 B. Slikok Creek Proposed Land Exchange. There is a proposed land exchange between the City of Soldotna, the University of Alaska, and the Division of Parks and Outdoor Recreation. The Division after reviewing the situation, it would have to be done by legislation to amend the boundary of the Kenai River Special Management Area, and the Division will not be proposing the amendment. Basically the City of Soldotna would like to take over management of Slikok Creek SRS and put in an RV Park, and use the revenues received for development along the river and creekfront to prevent erosion. Superintendent Garry feels it is a good idea to put small parks within city boundaries under city management. C. Update on Proposed Park Regulations by Superintendent Garry. The public hearings have now been held for the proposed regulations, and the public comment pe--icd officially closed March 17. Some changes have been made to the regulations the Board supported in January. There were questions rec_arding Parks limiting guides on the Kenai. The Division has no intention of limiting guiders at this time. Before a limitation would be considered, the 1ivision of Parks and Outdoor Recreation would have to come un with a total carrying capacity for the river of not only guides but all other uses also. VI. ADJOURNMENT A. The date for the next meeting is May 18 at at 9:00 a.m. at the Cooi: Inlet Aquaculture Association building. The meeting was then adjourned. Respectfully submitted; JA Carlene Reed, Secretary CITY OF KD 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 TO: Mavor J. Williams and Members of Kenai City Council FROM: Kim Howard, Administrative Assistant U � DATE: March 28, 1989 [- RE: Consent to Assignment - Tom Wagoner to James Doyle Attached is an Assignment of Lease from Tom Wagoner to James Doyle for Lot Block 3, Gusty Subdivision No. 4. The document has been reviewed and approved by the City Attorney. Providing it meets the City Council's approval, I will have the Assignment recorded and the Consent to Assignment executed and recorded. /kh CITY OF KENAI I CONSENT TO ASSIGNMENT The Assignment of that certain lease dated March 27, 1989, and recorded at Book _ , Page , from Tom Wagoner to James H. Doyle, covering the following -described property: Lot 2, Block 3, Gusty Subdivision No. 4 Is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained in the original lease above - described. ''his Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requiring the City's I' approval for any subsequent sublease or assignment. li Wm. J. Brighton City Manager STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT ? THIS IS TO CERTIFY that on this day of 1989, WILLIAM J. BRIGH'TON, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. (' Notary Public for Alaska My Commission Expires: _ i Timothy J. Rogers iI City Attorney CITY OF KENAI 210Fidalgo III Kenai. Alaska 99611 :33 3dd1 FAY 293 3014 ASSIGNMENT OF LEASE Thi,- assignment, entered into between Tom Waggoner hereinafter referred to as the Assignor; and James H. Doyle r:ereinatter referred to as the Assignee. Assignor does hereby assign and transfer all of his interest in the leasehold estate as evidenced by that certain Lease Agreement with the CITY OF KENAI as Lessor, recorded 14& Book .27,1"at Paae % Kenai Recordinq District, and coveri. q the ollowinu-described property: Lot 2 of Block 3 of Causty Subdivision #4 Tc :-iav and to hold the same from the date hereof, for and during all of the remainder yet to come of the term of said Lease .kgreemenr. Assignee agrees to comply fully with all the terms and provisions of the Lease, and to hold the Assignor harmless from any liability arming thereunder. IN WITNESS WHEREOF, the said Assignor has hereunto set his t n.- .: hand anu seal this , A'LL day of 11 1�f? � t-1 1��-,1• ASSIGNOR: By: Tom Waggoner Name Title ASSIGNEE: James H. Doyle Title STATE rah' ALASKA ?ss 7HIRD JUDICIAL DISTRICT 1 Qk( THIS IS '1 0 CERT�`I that on this day o* of bein4 personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corocration. T tar`-, 'JPi'blic for Alaska My Commission Expires z STATE Or ALASKA ) )Ss THIRD JUDICIAL DISTRICT ) C}� >> THIS S TO CERTIFY that on this k-Z day of 19 -I -) I` 1 � c - c being personally known to me or having produced a isfactory evidence of identification, appeared before me ana acknowledged the voluntary and authorized execution of the toregoir.g instrument. C' Notary 1}d is for al ska . My Commission Expires: / TRACT V TRACT -TRACT IV 173 { TRAC II123 174 Rq r i >S� �,4 M(,y� 3 s SV 32 c O ��'r 4CT CEMETERY �`7 sr�, Salamatof Native Association, Inc. r'AR r.09 n w Post Office Box 2682 Kenai, Alaska 99611 cf �3� t ` ` Phone (907) 283-7864 V ..t �. lb - March 28, 1989 Bill Brighton Kenai City Manager 210 Fildago Street Kenai, Alaska 99611 Dear Mr. Brighton: The Salamatof Tribal Council is proposing to create a cultural/recreational project on property near Elephant Lake. Attached is a copy of a request for road monies which gives a thorough description of the project. We would like to recieve a letter of endorsement from the the City of Kenai or the Kenai City Council. We have enclosed a rough draft for your convenience. Thank you for your help in this matter. Sincerely, Ralph A. John on President JOJ/plc SAL:-_ iATOF TRIBAL COUNCIL Box 2682 Kenai, Alaska 99611 REQUEST FOR A ROAD TO ELEPHANT LASE The Salamatof Tribal Council is requestincr assistance from ,-e :,ureau of Indian. Affairs �n constructing a road that will, Nr_ve access to Elephant Lake, whic:: is the site of a lona- r: e economic development project, scheduled to begin in 1990 or Located entirely on lard owned by the Saiamatcf 1�ative ass:ciati:,n (not individually owned), the road is needed for future develcoment of the area and -ail: provide c_reat benefits to tr--ai members (and others in the cc--a--unity). outset. the Salamatcf Tribal Council and the ,? .� ass a cn want ^.own t at rubl' _ �Matc- at` e cci ti _ s m is ea e en- a�zcass tc the read will cc rcvicr=c to the Bureau at no cost. ^'_11 a.^.sure: ccmnilar.-za with .`sc-__on 1.70.5 _-wav an __^- �.. _l i1 �r3 vi Z.`. __�... 170 P.Cmds Cif- tte Bureau Sa*anzam3t �at:e =_te asa "the ^e pars. " whJch will grc�.:n^ a r and bo 7- aCilltJeS, V p 3r'!� isni�._t .g arc re=_taurart, ar.:� a pa . _; n f _ ic_ -_'n-me :yil - be t_:e restive c,_, i is%has its hist :^,r in both Yup lei Estiimo an _ndian tr aditJcns. The plan includes havina fis:� C:.S or t:yo baracaras, Skin bidark;S, and ether "artifacts" placed throughout the dark. Nature _s twill guide visitors through the scenic, forested area, hotan_ca_ and ant:iropclogical sites marYed lth rust__ Ss. Ci:l`ur ! v r---r-eci ctCt�v_tic�, S'L: as Q3nCina nQ CCt- la zCnes will be held at the parr:I s canrral area, and the facJll- ties :yell be mace avail: ble as a retreat fcr other .:alive arcups and non -Profits seekinc a aatherina place. J - At the Present t_me, `_'ne Salamatof Tri'_^ai Ccunci_ is grapar,na an application to tha Administration fcr Native Americansto support a detailed business plan that will then be use_z to assist in garnering venture capi_al and loans that, with the funds from the Saiamatof Native (the fcr_Crcfit Native villacTe corporation),, will be u_ed in the actual con- s`r ci the park. The pro-lec ='s de: ric.,.,.ent i:- csrrc.^.t L::ioned tc Span several phases, - t r-__nlj with, tnfa C�'JQr .ti•. =, and flshinq;!boating t3:.._li%i��� � � i -2 _ inter Sac r.c �:. _ .•." .l �cr., and stilt. l itar the lodge; hota.i and restaurant. In i ls•3 , the park: '..ill taruet ^-.uIIl:.^er v __,1 trCj,.0 to the arr a . hen e ' -.ar-round structures are added, crccc-ccuntr_: srzi trail_ to naG4, and t rliiit r t: ._ _.' _ :!:? :yil� '. S .�_C_ _ .. _ �_ ..��.. _� Yt e �iL:ZiIres_ uian ll�i ? s GsJ r_' the tourist trade. The plan will also address ccticns fcr nasina in the different elements, in order to control growth and capture early incc:e that can be used to pay for later phases. The Salamatof Tribal Ccuncil, a non-profit organization, will operate the park and own the facilities; the land is owned t,/ the Salamatof Native Association (with subsurface rights held b•; C_-RI). All told, there are 4,480 acres available for the area, which, at the -present time, is undeveloped. Without a road tc the site, it will remain undeveloped. With a road -- or, at the time of submitting the proposal to P.NA in May, the assurance that a road will soon be in place -- the probability of success cf tie venture will he greatly enhanced. Once the road is in, tie Salamatof Tribal Council and the Salamatof Native Associaticn can begin some of the preparation that will be needed for the park. With the road, potential financial sut_per�ers will be able ___ t ne site. r.% zne =resent time, to get tc �_ep :ant i,ar:_ a three- or four--w e? 'h thr � ., �:e er tra ; 'or a i�e � cua. t..e __ a �l. �t s; plane to fl.' an, an- on the lane The _C�d �Ni« al cr�:ide -ar aT� access to suss.--- ^.ty_ and wccd C .t. ter^. ar-as , all of i:ni-•. .__i.:ai wearers, rllt the pr_.mar'- __. .ice __ t3 all.cw to:2 ccunci= to much neec_d ana cast. Incore zcr its me r-ers Tte cr ------e _cad will he approximately fcur miles, buz _-;-'oenas 3.. zhe ccurza L3t:2:1 t. _c.. ? ,��Ve�CtieC arcs an_- var- ancas :i t-.rGu.id be caused zy avoiding swampy areas. ::e ieter-:ined by the sur'.'eying and enaineerinc =t_ = involved in pre -construction work. The materials fcr ac::— ce::s`ructlon are available locally, and any exr.ra material cap Ze prcvi _-;ed by the Salamatcf Native Associaticn as m,atc:z tz the ureau'S investment. i,ccess to the road can be at-::aimec on t: ` State's road systems from esnc h_.rarie and Kenai. The i,:.port. nct3 O :cad to the people of t"e Nati': e Village of Sal---mar-of is critizai. _e unempioyment rare cf C amatof tribal na.-..t ers s over three ti.-..es the rar-e of r.cn- nembers in the area, and the absence of a solid eccnc^ or the assurance of any future jobs has dar :ane:l the cuticok fcr our yeuth. The consequences of unemployment, hopelessness, and dc-nestic stress are well -mown to the Bureau, and the Salamator: Tribal Council is strivir.c to tare a more proactive apprcacn to dealing with these problems, striking at their roots before the%- teccme more severe than thev presently are. Tale Tribal Council %c!:-, zwiedaes that this one developrenz is: not the ''end ail" to i ::z economic ^rcolems , but it will (a) safe` tiara tte tri ai _.an-i, ( ) ,rrer ;Obs `or tribal member, (c, nrovi.,? cash inc--:^e to su_ticort tri:,al functions t e devel c^.:sent efforts . and fLurn.. and ail in all lead to furthering self-suzf-cioncr or cur pecnie. We ask the bureau to _yappart our n2a,.:C'_sr anc2 �o ass_` ,:s _n endeavor. I -a -4 7 fir, u mat? --a --V 7! en p- a p, e nt 7 1,1:,, r I? 72 '_ .._ _ .� . _ _ ,. -., - 1. � -- ' , :..._.. _ I . � . _. _, .i .^.'._ .. -..� . . _ .� _ _ _ _• parr- , rr 1 - .-r _ a. _ r,-! ated held at t' made aN.-ar -- WHEREAS o.i ol-) pYomote _,-reser— an-I=r- NOW THERE F 0 R E -S T ..r am`_. __ �-,. r . }? � � '4t- { -, _ :'Dr.:.' r N* ink i.:ie ^r o_',f}sc: _. E._ephanLake Cal -, 2 , i; t, ter, i _ _ f 1/ — M E M C TO: Kenai City Council FROM: �� William J. Brighton, City Manager 'mothy J. Rogers, City Attorney Charles A. Brown, Finance Director CCiQ DATE: March 22, 1989 SUBJECT: Insurance Agent RFP In December, 1988, the City issued a request for proposal (RFP) for insurance agent/broker services for the next three years. Council was given a copy of the RFP in the December 21, 1988 packet. Proposals were due on February 24, 1989. Two firms replied: Last Frontier Insurance/Bayle, Martin & Fay (Last Frontier) and Walters & Olson. The RFP requested specific information that was needed to evaluate the firms. An evaluation form was developed that closely correlated with the RFP. The City Manager, City Attorney, and Finance Director each evaluated the firms. A copy of the evaluation form is attached (marked "Summary Sheet") which shows the totals of the points given by all three evaluators. It is the opinion of each evaluator that the firm of Walters & Olson should be selected as the City's insurance broker. That firm was given a higher rating in all categories, except cost. Walters & Olson's fee :for each year .is $32,500 ($97;500 total for three years). Last Frontier's fee for each year varies, but totals $73,400 for three years. However, we found Last Frontier's fee proposal to be confusing; it is not: clear what "reimbursable expenses" are. Below are some of the more significant reasons for our unanimous choice of Walters & Olson: 1) Walters & Olson's fee is more clearly defined and understood. 2) Last Frontier has little or no recent public entity experience. Their co -broker, Bayle, Martin & Fay, has some public entity experience. However, the intent of the RFP was to have a local contact with adequate public entity experience so that the City administration could deal with local people as much as possible. We believe Walters & Olson best meets this test. 3) The City's primary insurance carrier is the CIGNA group. CIGNA and Last Frontier have terminated their agency agreement. Based upon discussions with CIGNA, it appears that they would decline to continue to write insurance to the City through Last Frontier. CIGNA sa-d they would probably write the insurance through Bayle, I4artin & Fay. Again, this would put the City in the position of dealing ith an Anchorage broker, which the administration wants to avoid. 4) The RFP requests insurance companies with a Best's rating of Al2 or better. ,Talters b Olson's list of insurance companies are generall,Y of higher c-uality. 5) '4alters & Olson has been the C'ity's broker for seven years. We are pleased with the services provided. The City administration decided to compensate the broker on a fee basis, rather than a commission basis. This was done for three reasons: (1) the City could easily identify the amount of compensation, (2) we expected to save money, and (3) we wanted to ei.;_minate any possible incentive to write more insurance to generate 11ic:;her commission. The administration is satisfied that the new arrangement 0,iil accomplish this. To put the proposed fees in pet-spective, Walters & Oison's commissions for the current fiscal year are estimated to be sometning in excess of $40,000. A savings to the Ci'.y will be realized. It should be noted that the RFP excluded medical insurance. We will negotiate a separate compensation arrangement depending on the level of assistance we desire in this area, which will change from year-to-year. in conclusion, the Clay administration recommends that the Council se:iect Walters & ,31son to continue as the City's broker. CAB/tmh attachment wryMpp, 9r7 f17-eve:-I' 7-0�4�J DT Name of Evaluator J J INSURANCE PROPOSALS EVALUATIONS Clarity and Neatness Adequate years locally established Adequate experience, incl. Public Entities Proposal demonstrates ability to act as City's broker Few or no claims against firm Access to markets, incl. quality companies Fee ;highest points for lowest fees) erall Rating Total Notes: March, 1989 Walters Max. points Last & (per firm) Frontier Olson 10 S' 10 9 10 Z / r 10 :z a � 10 Y g 10 .� `( Z 10 10 80 CHANGE OWNERliRCHITECT ORDER CONTRACTOR A/A UOCUMEA"T 6-01 FIELD OTHER "4 Jn 1 u�B89 @ Cj Pc Wleir.,._ PROJECT: RENOVATION OF THE KENAI (name, address) ^MUNICIPAL AIRPORT TERMINAL BUILDING TO CONTRACTOR: (name, address) G & S CONSTRUCTION P.O. Box 1493 Soldotna, Alaska 99669 The Contract is changed as follows CHANGE ORDER NUMBER: 3 DAM . 4'4t6 29 , 1989 ARCHITECT'S PROJECT NO: 8358 CONTRACT DATE: December 14, 1988 CONTRACT FOR: RENOVATION OF THE KENAI.' MUNICIPAL AIRPORT TERMINAL BUILDING Cost Additional Time 1. Lower Elevator Pit 14" $1,525,` 2 days Delete Uiall at Gift Shops, Visqueen at temporary wall, Column covering, and Carpet Removal (1,220.),/ Add Shear Walls1,233. ' 1 day 4, Delete Emergency Lights and Add additional work N/C N/C Total 1,543, 3 days Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) (Guaranteed Maximurn Price) was ............... ........ 3 697,700.00 '1" Net change by previously authorized Change Orders ...................... ........ 3 48,412.00 ✓/ The (Contract Sum) (Guaranteed :Maximum Price) prior to this Change Order was. ........ 3 7 4 6 ,112 . C 0 ✓ The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (q(gL~cgGt(I (gffP %* by this Change Order in the amount of . �........................ 3 1,543.00 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be .. 3 747,655.00 The Contract Time will be (increased) by three days The date of Substantial Completion as of the date of this Change Order therefore is October 2, 1989 ( 3 ) days. NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized b% Construction Change Directive. KLUGE & ASSOCIATES ARCHITECT -I In Trading Bay Rd., #330 _ Address Kenai, Alaska 99611 E3Y BiTI Kluge, Principal DATE G & S CONSTRUCTION CONTRACTOR P.O. Box 1493 Addr ss Soldotna, Alaska 99669 Dan Green, rincipa DATE CITY OF KENAI OWNER 210 Fidalgo _ �enal, Alaska 99611 Reith Korneii's-,ts- DATE _ AIA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • A 0 • ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G701-1887 Robert D. Green dib/a G & S CONSTRUCTION P. 0. Box 1493 SOLDOTNA, ALASKA 99669 Phone 26Z3Q!a5: a Number Z PHONE .. _- JAT .,... „03 NAME/LOCATION vc NUMB ---- - JOB NUMBER l.irPo e -ni ca.1 JOB PHONE _- - -- EXISTING CONTRACT NO ;JATEC.)F EXISTING '. JNTR ACT Vie hereby agree to make the change (s) specified below: is fi nd _te _ dap_il cn 7ta -aT-r _r D` _ �ddir=Cna1 _1 an , , , tl- r, C, --c nt� . r ddi^� -n?i ccncr_te slat:. � 7GC7 "l�ui r C- Cr T �QCT re La I:] ,,ai _ Labor onceete: 532, Sn t _ .__e�. r is .. '.1r e r Zyter.a _ad�:cr . ; .� � v. n�ad zn.. _ ----51 62S, . G,',- An AddiLrequired Lor this item - i I ; I �I I i I I NOTE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change(s) specified above at this price j $ DATE..—--_�-.. -.____-•.___.- __ _.._.. PREVIOUS CONTRACT AMOUNT I $ - AJTHORIZED SIGNATU I.ONTF7 AC 70R1 �� ---- --�_� �_ REVISED CONTRACT TOTAL ACCEPTED — The above prices and specifications of this Change Order are satisfactory and are hereby ac- Date of acceptance cepted. All work to be performed under same terms and conditions as specified in original contract unless other- Signature it wise stipulated. (OWNER) Robert D. Green d/b/a G & S CONSTRUCTION P. 0. Box 1493 SOLDOTNA, ALASKA 99669 Phone 4tM495 TO Kluc_e andssoctas i30 Tr2lding Na;. Kt�nai . 'k 99611 Number PHONE DA E�,-z� E3� -� J0f3 NAME;LOC A710N i t ---- F;enai .irp�_ 7: rriin,:l RenodE �JOB NUMBER SOB PHONE II � F;(ISTING CONTRACT NO DA'E OF EXISTING CO iRAC"' We hereby agree to make the change(s) specified below: Thecitynas requested a credit fot he fo lowincr items: 1. V_sau=en at the t2rTl17.a=1: 5320.00 � . Dei r_ian of the Column co; erin�s : 5230 . 00 3. Deletion of the wai i-iret7aeen ilv and ill: S262.00 1. The credit and Extra amount for rr.e deleticn and --------------------------------------------------------------- addition of the wal-1 f i:aisn in room i 05 will be: S 0.00 -------------------------------------------------------------- Total Credit S820.0C x PE mo V PU_ o t eARPi .J PS i ►a i jZ � 4C)o CV, NOTE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change(s) specified above at this price $ D AT E ---.. Z —Z\ — - _ PREVIOUS CONTRACT AMOUNT $ r-- -- ----- -`— - ---- - _ _ — --- --- - - __ AUTHORIZED SIGNATURE (CO AC7CRi REVISED CONTRACT TOTAL $ ACCEPTED — The above prices and specifications of this Change Order are satisfactory and are hereby ac_ Date of acceptance cepted. All work to be performed under same terms and conditions as specified in original contract unless other- Signature wise stipulated. (OWNER) T 0 Robert D. Green d/b/a G & S CONSTRUCTION P. 0. Box 1493 SOLDOTNA, ALASKA 99669 Phone 262<5495:' G` an.j s c c i Z-, _ adln ,..i Ae hereby agree to make the change(s) specified below: Number 'HONE [DATE z C; JOH NAME/LOCATION .irocrr_ T rmil:aI JOH NUMBER :0E3 PHONE EXISTING C,ONTR ACT NO GATE OP EXISTING' ')NTRACT is _:: �.c-Tc-'" ..17 i^ilr -"b �'tIc= f-�'ZCiJZT:C 5tcar ,,311` '�'II� :'`,?_ .tai rtaLs a n s I o n b c I a -id S41v.30 Lab r: ^.61.^ O 2'15 Bcn1 cosT:�-' t J NOTE: This Change Order becomes part of and in conformance with the existing contract WE AGREE hereby to make the change(s) specified above at this price $ I---- - --- ----- -- - - -- -- - _---- Z PREVIOUS CONTRACT AMOUNT; $ AUTHOR12E051NATURE (CON C.TORI - --— $ REVISED CONTRACT TOTAL ACCEPTED Change Orderspecifications f are satisfactory and are hereby ac this Date of acceptance cepted. All workP to be performed under same terms and Signature conditions as specified ecified in original contract unless other- ' (OWNER)wise stipulated. Jr: -, TO Robert D. Green d/b/a G & S CONSTRUCTION P. 0. Box 1493 SOLDOTNA, ALASKA 99669 26Z-6223 Phone 2'16�',tW F11.:cTe and Associates 136 Trading Bay Kenai. y _: 11 We hereby agree to make the changes) specified below Number PHONE DATE Z JOB NAME LOCATION - ---- - - -- - F:enai r,irport rinal Remodel JOB NUMBER JOB PFDNE .__—�N__E O. ..___.- F_XiSTING COTRACT NO CATS �= EXISTING C!NTRa:.T I As requested the-__followincr is the price associated with varies electrical items including the deletion of the emergency lighting: 1. Delete all the e-nergency lighting: 2. There is -a panel in the old fliohz service upstairs that does not show on the drawin(,s . It needs to be r emovea inciudincx all reial:ed ccnduit and wirina 3. Panel H is i;:LiCated to t an ax-stint 3 phase panel, it exists as single p.nase. is ..eeds to be u_ograa-&d to 3 p:nase: 4. The Existing 13:) •,olr- photo celi, for t:.e canopy lighting, is currently wired with 3 # 12 copper wires in the rafters. This nei:ds to be upgraded int coridui Lelete par,ai fr r: rhG dining area and run all those circuits into panel K. This panel is located poorly and is in inferior condition for a project of this-aliber All of the above items will be accomplished in trade for the deletion of the err,erg_ncy NOTE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change(s) specified above at this price ! $ DATE Z--Z\ PREVIOUS CONTRACT AMOUNT $ ALTHORIZED SIGNATURE (C TRACTORi REVISED CONTRACT TOTAL $ ACCEPTED — The above prices and specifications. of this Change Order are satisfactory and are hereby ac- Date of acceptance --.- --- cepted. All work to be performed under same terms and conditions as specified in original contract unless other- Signature wise stipulated. (OWNER) 'f1RkA Si ro Fold of f>) to fit #771 DU-O-VUE Envelope -- For longer proposals, use with Specificatlon Form 264-3 JAHRIG ELECTRIC Page No. — _ of —-_ pages P. O. Box 51 � Na 10 K' KENAI, ALASKA 99611 PHONE r DATE Phone 283-4262 L To - �' � ...5 �.� - N� �"--2 a �'�- ,, Iv -- -- _ JOB NAME /LOCAT ION' ^ __ � - ti � r. /.� . , �� i`� `1 � /-�'�j,',• /' , r � JOB PHONE ARCHITECTS , % DATE OF PLANS � --i, WA herebypropose to furnish, in accordance with 9 ry-_g specifications below or on attached a es, all material and labor necessary to complete the followin pages, !c � — for the sum of PAYMENTS TO BE MADE AS FOLLOWS. dollars All materiel Is guaranteed to be as specified. All work is to be completed in a work- manlike manner according to standard practices. Any alteration or deviation from the above or attached specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Vilorkmen's Compensation Insurance. Araptatta of 11ropowd — The above or attached prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Authorized Signature _----___---- —__ - __- - Note: This proposal may bf withdrawn by us if not accepted withir Signalure Signature Date of Acceptance:—_ -_.--------_—_--- -----_ -- CHANGE ORDER AIA DOCU.tiIENT 6-01 OWNER �'•"�.1 ARCHITECT ,;;;� s CONTRACTOR FIEI.D MARl,7789 OTHER i�_ �wy.myy,ived /(f IhElia iMOfN1 � ,i + PROJECT. Renovation of the Kenai (name, address) ^Iuni c ipal Airport Terminal Building TO CONTRACTOR: G& S Construction (name, address) PO Bo1 4 9 3 Soldotna, AK. 99669 CHANGE ORDER NI.09113ER: 4 »� ^� art 1, DATE: �3-/��� �g ARCIiITECT'S PROJECT NO: 8 3 5 8 CONTRACT DATE: December 14, 1988 CONTRACTFOR: Renovation of the Kenai Municipal Airport Termina Building The Contract is changed as follows: Replacement of pipe insulation that was removed by the asbestos abatement crew. / TOTAL COST: 52,952.00 ✓ Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) (Guaranteed Maximum Price) was ............ I . I ...... I .. $ 6 9 7 , 7 0 0 . 0 0 Net change by previously authorized Change Orders ................... ........... 8 49,955.00 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was . ........ s 747,655.00 The (Contract Sum) (Guaranteed Maximum Price) will be: (increased) (decreased) / (unchanged) by this Change Order in the amount of ............................ S 2 , 952 . 00 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be .. 1 750,607.00 The Contract Time will be (increased) (decreased) (unchanged) by ( 0 ) daN"s. The date of Substantial Completion as of the date of this Change Order therefore is October 2, 1989 NOTE: This summar}, does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been auth ,sized by Construction Change Directive. K1uRe & Associates ARCHITECT Suite 330 130 Trading Bay Rd. Address Kenai Alaska 99611 BY Terry —'Stocker DATE G&S Construction CONTRACTOR PO Box 1493 Address Soldotna, Alaska 99669 BY -----a Dan reen, Principal City of Kenai OWNER 2�10 Fidalgo Address Kenai, Alaska 9961:_ BY Keith Korne is, Public DATE Works_ AIA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • AIA® • i01987 • 'rHE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W, WASHINGTON, D.C. 2(XM G701-1987 -!14 a :.:1 _ z 1,, -.EMI --Nr1 TO Number `Q P HONE DATE o JOB NAME%LOCATION Kenai Airport Terminal ------ -- ,JOB NUMBER 1OB PHO I.-C -- _. _. TN------_-_— --— —_ -- — — '. EXISTING CONTRACO DATE OF EXISTING c � )NTRACT We hereby agree to make the change(s) specified below: - The following is the costs to replace the pipe insulation that was removed by the Asbestos removal people. This does not include replacement of torn or weathered pipe insulation. Additional work: Replace insulation ✓/ $2680.00 Overhead and Profit (�-� $ 214.00 Bond Costs ';� 1 $ 58.00 -------------------------------------------- Total Costs $2952.00 Robert D. Green d/b/a G & S CONSTRUCTION P. 0. Box 1493 SOLDOTNA ALASKA 99669 _62-6223 Phone 350M4 X Kluge and associates 130 Trading Bay Kenai, Ak. 99611 NOTE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change(s) specified above at this price $ DATE I Z� PREVIOUS CONTRACT AMOUNT $ AUTHORIZED SIGNATURE I TRACTOR] REVISED CONTRACT TOTAL $ ACCEPTED — The above prices and specifications of this Change Order are satisfactory and are hereby ,ac- Date of acceptance cepted. All work to be performed under same terms and conditions as specified in original contract unless other- Signature (OWNER) wise stipulated. — ----------- I' edaaPt Aing & Wea&vg P. 0 DOX 4773 KENAI, ALASKA 99611 - PHONE 283-3285 Marc',-: 20, 1989 G & S Construction P.O. Sox 1493 Soldotna, Ak 99669 Dear Dan: 1. The ceiling located below the lounge and lounge restroom must be removed in order to permit installation of piping in that area, we cannot assume responsibility for damage to ceiling in the work area. 2. The duct work below the second floor men's restroom must be removed to give access for installation of piping as required. This obstruct- ion was not apparent on the drawings or upon inspection prior to bidding. Please advise. 3. The cost to replace the insulation removed by the asbestos removal contract will be $2680.00. This does not include repair or replace- ment of torn or weathered insulation. This cost estimate supercedes previous estimate. 4. We note that the backflow preventer on the boiler supply line is not legal. It should be a Watts 909 or approved equal. Also, the pressure re.ducting valve needs to be a two -stage type. Please respbnd'as soon as possible. Thank you. Sincerely, David N. Yragui dba Redoubt Plumbing & Heating Delivered by Hand on March 20, 1989. Received by Dan Green dba G & S Construction KENAI PENINSULA CAUCUS BOARD OF DIRECTORS MINUTES OF BOARD MEETING OF MARCH 17, 1989 The meeting was called to order at 4:00 PM by President Betty Glick. The meeting was held by conference call to Soldotna, Seward, Seldovia and Anchor Point. Homer and Kachemak City's representatives were out of town or otherwise not available. Members Present: Don Gilman, Mayor, Kenai Peninsula Borough Betty Glick, Kenai Peninsula Borough Assembly Dolly Farnsworth, City of Soldotna Max Royle, Alternate Representative for City of Seward Kris Lethin, City of Seldovia Buzz Kyllonen, Anchor Point Chamber of Commerce Gloria Wisecarver, Funny River Chamber of Commerce Jim Carter, Kenai Chamber of Commerce Jack Brown, North Peninsula Chamber of Commerce Deb Robertson, Seldovia Chamber of Commerce Andy Patapoff, Seward Chamber of Commerce Phil Turkington, Soldotna Chamber of Commerce Members Absent: Art McComsey, City of Kenai Michael Bundy, Kachemak City Duane Hyer, Homer Chamber of Commerce Guests: Tim Huber, Peninsula Clarion Richard Underkofler, Volunteer Staff, City of Soldotna Agenda Approval: The agenda was approved as presented with the notice for the meeting. Mayor Don Gilman arrived at this time. Minutes from Previous Board Meetings: Motion by Turkington, Seconded by Wisecarver to approve minutes from the meetings of January 20 and February 17, 1989 as presented. Unanimous Consent. Financial Report: The report for the period ending March 3, 1989 was accepted without question. It was noted, however, that dues had been received from the City of Seldovia. Unfinished Business: A. Resolution 89.1: Requesting the Department of Community and Regional Affairs to use the Same Options for Taxpayer Notification for Excess Municipal Assistance as Required for State Revenue Sharing, State Aid for School Construction, and State Foundation Payments Under AS 29.45.020. (Betty Glick, Kenai Peninsula Borough Assembly) Motion by Wisecarver, Seconded by Brown to adopt Resolution 89-1. Unanimous Consent. B. Resolution 89-2: Requesting the Department of Education to Allow Cigarette Tax to be Accounted for under the Central Treasury Concept. (Betty Glick, Kenai Peninsula Borough Assembly) Minutes of 8card Meeting of March 17, 1989 Kenai Peninsula Caucus C. A Resolution Adopting Priorities for Kenai Staff has received information from Seldovia and Soldotna; Homer, Seward and Kenai. Peninsula Borough Airport Projects. awaiting information from representatives of D. A Resolution Supporting Seward at the Location for Homeporting Naval Ships. Staff is awaiting a draft from Seward representatives. Underkofler asked for more information regarding marine and airport projects. The intent is to draft a resolution which would prioritize these Borough projects in a form similar to the Caucus Resolution adopting priorities for federal highway projects. Seidovia has nominated its dock rehabilitation project ($1.5 million); boat harbor float rehabilitation project ($580,000); and an airport runway extension project. Seward representatives have asked for consideration for a project related to Seward's North Dock Facilities; a project to replace the Marine Ferry Terminal; and, a Airport Runway Expansion Project so that Seward could have a 10,000 foot runway. Anchor Point Chamber asked for support for a project to provide better salt water access and a small boat harbor near the mouth of the Anchor River. Underkofler requested more specific project information with justifications and estimates of cost for consideration by the Board in formulating priorities. Correspondence: Betty Glick noted that a letter had been received from Senator Frank Murkowski regarding the Caucus' opposition to designating any more wilderness areas in the Kenai National Fjords National Park. Another letter was received from Governor Steve Cowper asking for support for his FY 1990 budget recommendations. Other Business: Anchor Point Area Plans. Buzz Kyllonen briefed the group on plans being formulated to provide improved salt water access and a small boat harbor near the mouth of the Anchor River. A meeting was recently held in Anchor Point which was attended by over 100 persons and representatives from the Corps of Engineers, the Borough Mayor, the President of the Borough Economic Development District, representatives from the Port of Homer, Fish and Game and State Parks. The purpose of the project is to provide another improved tourist destination on the western Peninsula. It would improve the Anchor Point area economy. It should also relieve over crowded conditions at Homer, Kenai, Soldotna, Kasilof and Deep Creek. The project would have area wide benefit in providing more diverse tourism attractions. There was consensus of opinion at the Anchor Point meeting that the Corps of Engineers should be encouraged to undertake a feasiblity study for development of plans for the project. The Anchor Point Chamber is also interested in school funding issues. It would like to join with the Caucus in support of "full funding" for the school foundation formula and school debt reimbursement. Funny River Bridge. Gloria Wisecarver reminded the group not to forget the Funny River Bridge proposal in its lobbying endeavors in Juneau. Pull Tab Operations. Jack Brown said area non profit organizations intended to sponsor a March 30 meeting to organize a lobbying endeavor in opposition to professional operation of games of skill and chance. March 18. 1989 Minutes of Scard Meating of March 17, 1739 Kenai Peninsula Caucus Railbelt Investment Fund Bill. Dolly Farnsworth read from a press release (copy attached) she received from the Governor regarding a bill he has introduced to fund more than 50 capital projects using 229 million from the Railbelt Energy Fund. She said only one oroiect is energy related -- $5 million for an ..ccrade cf Seward area electric transmission lines. She said only a small portion of the funding was recommended for projects in the Soldotna, Kenai and Nikiski areas. No funding was proposed for projects r ;ne Kenai Peninsula Roreugh. It was a consensus of the group to 0000se this bill. The Caucus desires to retain funds in the Railbelt energy Fund for energy related oroiects, including the intertie between Soldotna and Anchorage and the upgrade of the Seward transmission tine from Lawinq to Seward. Date for Next Meeting: The next meeting of the Caucus will be held April 21, 1989 at 4:00 PM. Adjournment: The meeting adjourned at 5:15 P.M. Respectfully submitted. � brio Wsecarver SecretaryfTreasurer Attachment (1) 4 March 18, 1989 STEvc cowPcr RM MAR 1 ?gtai qu 1e �� ERNS• STATE OF AL.w9ax _V -+ IL OAvEPINO:, Jo Yb.r March 16, 1989 To Railbelt Mayors: Governor Cowper asked me to forward to you an advance copy of a press release describing the Railbelt Investment Fund bill we are introducing tomorrow. He welcomes your views, but asks that you do not make puo►ic comment on the measure until the release time of 9 a.m. Friday. Thank you for your cooperation and interest. Sincerely, , Laury RoW' s Scandling Director, Constituent Relations INIE"N, S RELEASE ?Alt OfAL1S8K.1 � ,y ^ 13CE cx �f TNT GdVEANOR :AVID AAMSEUA go ,:L)4AU.ALrASICA M I I ;C'VEAlkcp �:EPUT'v PQE9S SECA47,3FIr 10 FCR IMMEDIATE RELEASE Marcn 17, 1989 No. 89-46 C C'iVPEP FPCPCScc RAJ! IZE T ECCNC !C 221;=r CPM;= IT PRC'ECTS JUiNeAU--Gov. Steve Cowoer tocay introcuceo a aul to fur,C more than 50 projects des,gnea to stimulate economic ceveropment torougnout the Raiibelt , ranging from a new loo training center to tourism fac.:it:es to appiied scientific research faculties. T, ne rrcre than a150 miiiion worth ct projects would ce rundea through what Cowper ;has euccea t"e i;auCea investment Fund, using a portion of the $229 miiiicn nafibeit Energy Fjr,a. T;ne Governor in nis January State of the State speecn toid Legislators the money snould Oe used to stimula►e economic act,v:ty in the Raiibeit. 'The Railbeit, spanning from Faircanxs to Homer, has been nit hardest by the economic slump," Cowper said. "It makes the most sense that if we're going to Lisa this money where it was originally intended, it ought to go to communit es whe need it most for projects that will create long-term jobs for Alaskans." -MORE- 2.2.2-2 No. 89-48 March 17, 4989 Cowoer's propcsai calls for investing mcre than $150 million tnis year on economic development projects, including depositing $34 rnillicn in the encowed Alaska Science and Technology Foundation. Each of the proposed crojects meet nine criteria, including promoting long-term economic development, replacing or rehaoilitating. facilities that support the state's economic base, enhancing resource development to improve the state's competitive oosition and improving infrastructure such as transportation systems to more efficiently deliver products to market. The Governor included in his proposal more than $40 million worth of tourism facilities and funds with a special emphasis on improving Alaska's winter tourism facilities. He is proposing a $20 million fund for competitive international winter sports facilities from . which municipalities could seek 50 percent matching funds. The facilities would not only enhance Alaska's prospects for attracting the Winter Olympics but generate winter tourism and help publicize Alaska's ability to host and train winter sports athletes, ne said. The proposal aiso empnasizes Cowper's desire to move Alaska's economy from one Cased on government -funded construction to one oases on technology that !eads to economic development. The Governor proposes construction of new science facilities at both the Anchorage and Fairbanks campuses of the University of Alaska and depositing $34 million into the Alaska Science and Technology Foundation. Here's a list of the projects Cowper proposes: - Hatcher Pass Ski Area road improvements, $15 million. -MORE- 4--0 -d No. 309-46 Marc^ 17, ' 989 • Histcrc c, eservaticn orciects. $' CO,CCO. • Cpera.ior of Alaska Conservation Corps, $150,CCC. • Highway interpretive signs, 51 00,OCO. - Trail ^eacs, s,neiters and cabin at Chena River State Recreat,on Area, $2CC,OOC. • Compietion of the Chera Hct Springs Winter Trail, $50,00C. • Preservation and rehabilitation of Riverboat Nenana, $250,000. • Excansion of Anchorage River State Recreation Area and carrmpgrounC construction at Sing's Landing. S137,500. • Kachemak Bay State Park visitor center facilities, $114,000. • Kenai Cld Town Viewing Area development, $95,000. Soldotna Kenai River public boat ramp and parking area, • Finger Lake Recreation area improvements, $200,000. • Willow Creek State Recreation Area road access, $100,000. • Eagle River greenbeit access improvements, $336,000. • Eagle River visitor Center building, $300,000. • Tu: nagain Arm scenic =rrldor improvements, $150,000. • Chugach State Park public toilets and public drinking water system, $100,01CO. • Chugach State Park Toilsome Drive By -Pass Road, $75,000. • Chugach National Forest -State joint projects, $100,000. • Stream rehabilitation for Anchorage area creeks including Fish, Campbell Chester and Furrow creeks, $140,000. • State hatchery tourism facilities at Fort Richardson, Elmendorf, Big Lake and Crooked Creek, $109,400. -MORE- Return the white and yellow copies of pages 1 and 2 to: Games of Chance and Contests of Skill Alaska Department of Revenue Income and Excise Audit Division PERMIT APPLICATION 1QAQ P.O. Box SA Juneau, Alaska 99811-0400 Please read the instructions before completing this application. ,. NAME OF ORGANIZATION Mailing Address City, State, Zip Code 2. TYPE OF ORGANIZATION. Check one box. For definitions, see AS 05.15.210 and 15 AAC 105.010-.030. ❑ Charitable Civic or Service ❑ a Dog Mushers' Association ❑ d. Educational ❑ e. Fishing Derby Association .] f. Fraternal ❑ g. Labor ❑ h. Municipality ❑ I. Non-profit Trade Association ❑ j. Outboard Motor Association k. Police or Fire Department and Company ❑ I. Political m. Religious n. Veterans 4. ORGANIZED AS: ❑ Corporation aher >KA 3. TYPES OF GAMES. List by com- mon name if other than those listed. See AS.05.15.210 and 15 AAC 105.110•160. ❑ a Bingo (NOTE: Bingo games must not be held more than 9 occasions in a calendar month with no more than 35 games per session or ��, series of games.) R b. Raffles & Lotteries ❑ c. Pull -tabs ❑ d. Ice Classics ❑ e. Dog Mushers' Contests ❑ f. Fish Derbies ❑ g. Rain Classics ❑ h. Mercury Classic ❑ i Goose Classic ❑ j. Salmon Classic ❑ k. Contests of Skill 1. Marksmanship ❑ 2. Races ❑ 3.Other: (Specify) 5. ESTIMATED 1989 GROSS RECEIPTS -M i ...., k�"_- 6A. RENEWAL APPLICATION Most Recent f� j Year C? Permit Number: Issued: ---, Attach the the following: ❑ Current Alaska membership list (must have at least 25 members) Copy of amendments to bylaws, if any 6B. NEW APPLICATION Number of Years Organization Has Been in Existence in Alaska: Attach the following: ❑ Current Alaska membership list (must have at least 25 members) ❑ Certified true copy of articles of incorporation, or if not incor- porated, copy of bylaws and national and state charters ❑ Copy of IRS certificate or letter of tax exemption issued to non- profit organizations, if applicable ❑ Documentation showing organization has been in existence in Alaska three years or more Name and Mailing Address of National Organization (if applicable): 7. FEE. Check the appropriate box and enclose the correct amouni If gross receipts from all Then the ming es were: 1988 g $19,999Co1r ifiyou are a New Applicant .. _ .. . Permit (.00 is: ❑$20,000-$99,999.......................... I ... $ 5().00 ❑ $100,000 or more ............................. $1x.00 8. LOCAL OFFICERS (must be current, bona fide members in good standing) NAME TITLE SOCIAL SECJRITY NO. DAYTIME TELEPHONE NO. lam N� t3r1C�N__'� �� C�CS�I�E�LT r� C-(- Z 1— N r_AHKCtSHKH VS�U C-t-1tIS tjoaIE rCvN of FOR DEPARTMENT OF REVENUE USE ONLY Date of Receipt Stamp Permit Number. Date of Issuer Financial Statement: ❑ Yes ❑ No ❑ New NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. Form 044W Page , (Rev. 91" 9. DEDICATION OF NET PROCEEDS. Before a permit can be granted, the organization must plan to use the net proceeds from gaming activ,tter, for the awarding of prizes, and for political, educational, civic, public, charitable, patriotic or religious uses in Alaska. (See instructions for specific rules on how proceeds can and cannot be spent.) In the space below, tell how your organization plans to use the net proceeds from the gaming activities. Be specific. SRC PuN nS 1-1��pl+AL_ is 0,N1)S V�u1l4C-N`S CSC,Lt p c:ci A L evi i Cv►vtWVn% ITy C,L_iLAkS D 1SAS-iEe_ UuC F ra✓�ND i�uc(It i JoN ;C_140LOLSNIPS 10. PERSON IN CHARGE OF GAMES. This must be a bona fide and active member of the qualified organization, or an employee of the municipali- ty. This person is responsible for maintaining the records and preparing all the required reports. An alternate member must be designated as the responsible person during the absence of the member in charge. If more than one alternate is to be designated, attach a separate sheet. A. PRIMARY B. ALTERNATE Name Daytime Telephone No. Name Daytime Telephone No tt I V Mailing Address Social Security No. Mailing Address Social Security No. "? c).Bc, 5,)7s)y 6,1 3qd57_ City, State. Zip code City, State, Zip Code l�,'_C1-n _, (� `�� t i _ tV � I L c. 11. LOCATION OF ACTIVITIES. Specify where the games will be conducted. If this location changes, you must notify both the Department of Fevenue and the local government within 10 days. (For more than one location, attach a separate sheet.) Name and Street Address of Premises Daytime Telephone No. of Premise! 12. OPERATOR (if any). If an operator is employed to conduct the gaming activities, you must provide a copy of the contract with the operator t the Department of Revenue. You may contract with only one operator for each type of gaming activity. The member who has been designateL. above as the person in charge of the games is responsible for monitoring the operator's performance. Name of Operator Copy of Contract: with Operator: ❑ Is Attached ❑ Will be sent by certified mail no later than 15 days before the activities are conducted. 13. THESE QUESTIONS MUST BE ANSWERED. YES N-O,/ ❑ i A. Has any person listed in 10 or 12 above ever been convicted of, in prison for, or on parole for a felony within the preceding five ryears? Ell.ia'�,� B. Has any person listed in 10 or 12 above ever been convicted of a crime involving theft or dishonesty, or has ever been convicted of a violation of a municipal, state, or federal gambling law? 02/C. Will any person listed in 10 or 12 above receive compensation of any kind from the receipts of the gaming activities? If yes, explain. 14. SIGNATURE. This application must be signed by the primary person in charge of games listed in 10A above. CAUTION: A photocopied signature will not be accepted. Make sure that the original signed application is filed with the Department of Revenue. declare under penalty of unsworn falsification that I have examined this application, including any attachment, and that to the best of my knowledge and belief it is true and complete. I understand that any false statement made on this application is punishable by law. I further declare that two copies of this application either have been or will be delivered to the nearest city or borough off ice for review. re /-1 Printed Name 15. CITY OR BOROUG"ESPONSE TO APPLICATION. You must submit two copies of this application to the city or borough nearest to the loca- tion of the proposed gaming activities. To speed processing, please have the appropriate local government official indicate, by signature below, the community's approval of or objection to the permit. CAUTION: If this section is not completed, the permit will be delayed 15 days to allow the city or borough time to respond to this application. THIS APPLICATION HAS LOCAL GOVERNMENT APPROVAL: ❑ Yes ❑ No (Attach explanation of objection) Slgnature of Local Government OfficiaF Title Date Printed Name of Person Who Signed Telephone No. Form 04643 Page 2 (Rev.9188( NOTICE: ANY FALSE STATEMENT MADE: ON THIS APPLICATION IS PUNISHABLE BY LAW. �--� "` — ! 1791-1991 CITY OF KENAI _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE283-7535 FAX 907.283-3014 April i, 1989 Honorable John Devens Mavor, City of Valdez Sox s 0 i Valdez, AK 99686 FAX: 's 3 3, -L 81 �t i.S Lei:: r_ -rear concern that I write this letter to you reaarding tie major impact of the disastrous events surrounding the grounding of the tanker Exxon-Vaidez. The ,_'itv of Kenai is steeped in tradition directly relating to tn` f.1-sheries industries in Alaska and relies to a great extent on treat fishina for our community's livelihood. The t%a(.) r:rev_ous years' catches derived from the Cook Inlet saimcn runs nave exceeded $100 Million in gross sales and account nor a maior -,ortion of our economic base. Additionally, the City of Kenai is a service base to some 14 processing companies whose names and addresses I have inclucled with this letter. The impact to our community, while we may appear to be some distance from the actual spill, will be gravely felt because many of these processors derive their raw fish product from the Prince William Sound area. Many will shortly be feeling the effects because of the loss of herring roe which traditionally, alone with halibut processing, has been the start-up impetus for their facilities. I have personally talked with several of the processors who expressed my same views and who are yet unable to assess the final impact this loss will have. We are also gravely concerned with reports from the University Marine Science Division and NOAA that known currents will undoubtedly carry massive amounts of the now wide_y disbursea oil spill into the Cook Inlet. We have been told that it is not unlikely that the oil will spread as far north in the Cook Inlet as Kalgin Island. When this occurs, the first impact could very well be on our tourism industry which will be gearing up for the early run Mayor John Devens April 3, 1989 Page 2 sport fishery of king salmon. During last year's tourist season, over 50,000 king salmon were caught by sport fishermen at an average economic benefit to the Peninsula of $1,000 per fish. This cost is calculated in dollars spent by tourists in pursuit of the much sought after Cook Inlet king salmon. From past experience with the Glacier Bay spill, we also know that as the commercial season begins to develop, great losses are likely to occur in the sockeye red salmon industry because of the buyers' reluctance to purchase any fish that have come into contact with any type of oil contamination. As stated earlier, this fishery represents some $100 Million in economic benefit to the area. In viewing our request for Federal impact assistance, it would appear on the short term that funding should be available to cover the immediate loss of production time to the processors and fishermen, and funding should be made immediately available to the Kenai Peninsula Borough to help mitigate costs of containment and clean-up equipment should the oil actually come into Cook Inlet. on the long term, we urge consideration of low interest loans to all directly involved in the fisheries to offset losses occurring because of loss of revenue and anticipated replacement of equipment that may be fouled by any oil residue in the water. The City of Kenai is deeply concerned over the loss of revenue to the municipalities through lowered shared revenue from the raw fish processing tax and loss of sales tax revenue to the City from general commerce associated with the fishing industry and the tourist trade. The City of Kenai presently depends on the sales tax and fish tax revenue for 1/3 of its annual $6 Million budget. This loss would equate to an additional 7 mills in property tax should the need to generate that income arise. As Mayor of the City of 'Kenai I ask personally and for our community that you present our concerns to our Congressional Delegates and other Federal officials in Washington D.C. when making your presentation. Thank you very much for your deep concern and interest of our mutual problems that will most definitely affect the entire coastal communities in this part of Alaska. Sincerely yo r- John Williams May JJW:jr Fis:z Processors List: Alaska Ccpan Products 52490 Osfiar Lock Road Kenajl AK 9°611 Allied Processing_ Box 5090 Kenai, AK 99611 Columbia Ward Fisheries Box 1589 Kenai, AK 99611 Cook Inlet Processing Box 8163, NRB Kenai, AK 99611 Dragnet Fisheries PO Box 3992 Kenai, AK 99611 Ed's Kasilof Seafoods, Inc. 26085 Williamson Lane Kasilof, , AK 99610 Fishermans Packing, Inc. PO Box 3990 Soldotna, An 99669 Keener Packing Company, Inc. x 7 ✓ $ Kenai Packers Beaver Loop Road Kenai, AK 99611 Salamatof Seafoods, Inc PO Box 5070 Kenai, AK 99611 Seafoods from Alaska, Inc. Box 307 Sterling, AK 99672 Inlet Salmon PO Box-1970 Soldotna, AK 99669 Inlet Salmon PO Box 2166 Woodinville, WA 98072 Page 2 Royal Pacific Fisheries 50725 Kalifornsky Beach Rd. Kenai, AK 99611 Whitney Foods Box 190429 Anchorage, AK 99519 Whitney Foods 100 West Harrison St., S. Tower Seattle, WA 98119 PO. ,Do X C 7 /TE�vIfT , fYK ?fell 1791-1991 CITY OF KEN AI 210 FIDALGO KENAI, ALASKA 9%11 TELEPHONE283-7535 FAX 907-283-3014 MEMORANDUM TO: Council Members itv of Xenai FROM: ?4.nothv J. Rogers, City Attorney of Kenai DATE: Marcn 27, 1989 RE: Stepnanie Patei v. City of Kenai The above-re=erenced matter, as prosecuted by the State of Alaska Human Rignts Commission, has now been ordered closed and the complaint has been withdrawn pursuant to AS 18.80.010 et seq. TJR/clf NTRODUCTION OF BILLS (House) 1-- V HB 225 (cont'd) insured, after the insured has given written notice of an election of direct payment to the provider of services, will also have to pay indemnities to the provider of services. This language does not require that services be provided by a particular hospital or service. A disability policy may, at the option of the insurer, require than an indemnity in an amount not to exceed $1,000 that is payable to the state, an insured or beneficiary who is a minor, or an insured who is not competent to give a valid release, be paid to a relative by blood or marriage, or a beneficiary that the insured determines is equitably entitled to the payment. A good faith payment by the insurer fully discharges the insurer to the extent of the payment. Rewrites AS 21.54.020 (Group and Blanket Disability Insurance. Direct payment of hospital, medical services) to provide that an insurer may, and upon request of the insured shall, within 30 days after receiving a complete and final billing, pay indemnities under a group or blanket disability policy directly to the provider of the hospital, nursing, medical, dental or surgical services. The policy cannot contain a provision requiring that services be provided by a particular hospital or person. If the insurer pays indemnities to the insured after the insured has given the insurer written notice of an election of direct payment to the provider of the service, the insurer has to also pay those indemnities to the provider of the service. The bill applies to policies of disability insurance entered into or renewed after the effective date of the bill. The bill takes effect 90 days after it is signed by the Governor. Introduced March 17, 1989 and referred to Health, Education & Social Services; Labor & Commerce. HOUSE BILL NO.226, by Reps. Grueriberg, MacLean, Hudson, Boucher, Collins, Donley and Menard. Seeks to create an incentive for municipalities to conduct municipal elections at the same time as state elections. Amends AS 15.10.105 (Election Districts and Officials. Administration of elections) by adding a new subsection. If a municipal governing body has adopted an ordinance establishing the date of the state primary or general election as the date of the municipal election and has otherwise complied with the law, the director of elections will have to conduct municipal elections, and the state will pay the costs of administering the elections. The director of elections will be required to establish by regulation the date by which a municipality has to advise the director of its decision to have the state conduct the municipal election, and the date by which the municipality must provide the director with ballot: information. The bill takes effect 90 days after it is signed by the Governor. Introduced March 17,1989 and referred to Community & Regional Affairs; Finance. ApFropriations (special) (Railbelt economic investment projects) HOUSE BILL NO. 227, by the Rules Committee by Request of the Governor. See SB 224, this report, identical. 492 �F\\ KENAI PENINSULA BORDuum 144 N. BINKLEY • SOLDOTNA. ALASKA 99669 F'HONE (907) 262-4441 w DON GILMAN 4 Y 0 R March 15, 1989 Alcoholic Beverage Control Board Attn: Betty Calhoon Records & Licensing 550 W. 7th Ave. Anchorage, AK 99501 RE: 1988 Liquor License Renewal Protest: RAINBOW BAR AND GRILL - City of Kenai Dear Ms. Calhoon: Please be advised that at 2:58 p.m. on 3/15/89, the tax delinquencies noted in the Borough's letter of protest dated 2/28/89 have all been brought current. At this time, we wish to withdraw the protest against the renewal of this license. Please note that remittance of past due sales taxes does not remove any other grounds for protest the Borough might assert in addition to tax delinquency. Sincerely, zi- Linda Barclay U Y Delinquent Acct. Techn. cc: Michael Baxter, d/b/a Rainbow Bar, 502 S. Main, Kenai, AK 99611 net Ruotsala, Kenai City Clerk, 210 Fidalgo, Kenai, AK 99611 � -�� ✓;..�/) ,cam-'�..c ' � J i y{NAI PSNINSULA BOROUGH %, BINKLEY • 90LDOTNA. ALASKA 99669 HONE i907) 262.4441 DON GIL.MAN % AYOR March 15, 1989 Michael Baxter d/b/a Rainbow Bar 502 S. Main Kenai, AK 99611 RE: Liquor License Protest of 2/28/89 Dear Mr. Baxter: I am writing to confirm our telephone conversation of today concerning the above noted liquor license protest. Your sales tax account #15706 has a balance due in the amount of $160.80. Although you have brought current most items noted on the protest of 2/28/89, I cannot release the Borough's Protest until all your accounts are paid in full as governed by Borough Ordinance 85-75 (Alt.) Chapter 7.10.020. Payment in the form of CASH, CASHIER'S CHECK OR MONEY ORDER will release the protest the same day. Payment in the form of a personal check will postpone the release of this protest until the check clears the bank. I am enclosing a self-addressed envelope to my attention as it is important, as you can understand, that this payment comes to my attention so that I release the protest ASAP. Sin c rely, Linda Barclay Delinquent Accounts Enc. CC: LJ1a'-n--et Ruotsala, Kenai City Clerk, 210 Fidalgo, Kenai, AK 99611 L S9 STEW DEPARTMENT OF REVENUE 550 W rrHAVE ANCHORAGE, ALASKA 99501�698 ALCOHOLIC BEVERAGE CDArf'ROL BifJARO March 13, 1989 Jose & Maria Ramos dba: The Rig Bar 127 W. Pioneer Avenue Homer, AK 99603 Your request for transfer of ownership of the beverage dispensary 'license to the above from Pard Corp, Roscoe & Donna Myers was approved by the Alcoholic Beverage Control Board at its meeting of February 9 & 10, 1989 Upon notification that your premises are completed, please schedule a final inspection through our enforcement staff. Sincerel �D Ole Betty L. a hoon Records and Licensing Supervisor (907) 277-8638 cc: Governing Body- �' 1791-1W CITY OF KIL.111,,, 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 March 27, 1989 TO: Counc i 1 —� FROM: Janet Ruotsala City Clerk RE: Clerks' Seminar, Elections Training March 14, 1989 The morning session was a mock election run by the Clerks themselves. We began with registration and pre -clearance, ballot preparation, legal notice, APOC requirements, absentee voting and judges. We then conducted an actual election with clerks presenting problems they have encountered. We completed the election with the counting of ballots and certification of the election. The afternoon session was preparation of a manual for all Alaska clerks. All the procedures listed above were discussed and a generic -type manual was developed for use by all clerks from small villages to large municipalities. This manual was Mast revised in 1977 and was sadly outdated. The City of Kenai manual was used as a reference source. The manual wii_' have sections on: a. Role of the Clerk b. Meetings C. Public Records (Kenai Records Manual was used for this) d. Elections e. Public Relations f. Office Management g. Misc. Duties The Tuesday lunch was a working lunch discussing economic development for municipalities. There were 45 clerks registered for the seminar. This is a college accredited course. jr Report on Municipal Clerks Institute March 12 - 17, 1989 Shortened Agenda As the Institute was six full days plus an evening or two, I have given a very brief synopsis of the agenda and seminars for the Institute. In the United States and internationally, the term "Municipal Clerk" applies to the clerk in several categories; Borough, City, Township, County, and Village. A video produced by a company in Canada explains what a clerk is. On the whole, the Institute is invaluable for both the beginner and the experienced as our state is so young and changes so fast. I found that Kenai is about in the middle of the experience level and that Kenai is among the municipalities leading the way towards newer and innovative concepts. I Rewrite of Municipal Clerks Handbook This is a very ambitious; project which will produce a handbook capable of helping the beginning or new clerk as well as the experienced clerk. The process itself was invaluable to everyone attending as items were discussed that many clerks didn't know were part of their duties or state statutes. The City of Kenai is a leader in the overall records process and is being used as an example/reference. II Clark/Attorney Relations - Charles M. Gibson, Court Administrator A humorous Look at how a former municipal attorney views his role in relation to working with the clerk. III Roles & Responsibilities of Municipa- Clerks - Ginny Chitwood A comprehensive look at the many varieties of duties assigned to clerks around the State. IV Clerk/Manager Relations - Brian Phillips, City Manager Fairbanks There are two systems at work in Alaska; that with the Municipal Clerk working directly for the Council/Assembly and that of the Municipal Clerk working directly for the City Manager. Mr. Phillips has served under both systems and gave his views on each. Also discussed was the role of the City Manager and Council/ Assembly and Alaska's role. V Technical Writing for the Municipal Clerk - Marcia Nye, UAF Much detailed information was provided. VI Cindy Narcruette, "Building a Sustainable Future" A look at the Municipal Clerk's role in economic development and assisting the Council/Assembly. VII Elections from A to Z The Kenai City Clerk, Janet Ruotsala assisted the Borough Clerk from Kodiak in a portion of this item. A mock election was held and a few participants given the assignment of being a "problem voter". An entire day could be given over to this subject. VIII Public Records & Records Retention As mentioned above, Kenai is among the leaders of those setting up and using workable systems. Several clerks volunteered to spend their own time and money in helping out the villages that do not. L' Seminar on Computers - Dan Shanis, UAF Everything you ever wanted to know about computers and were afraid to ask. Mr. Shanis is Director of the Alaska Native Human Resource Development Program and works with all programs available in order to train students. A very short, hands-on demonstration was given for those who were just starting out. A screen system was used to demonstrate the many programs available for municipalities as well as a video from one manufacturer. Surprisingly, the IB14 system is the main system used by the :r.ajority of municipalities accompanied by the Nord Perfect program as tt:e main word processing system. X risk _lanaaement Pooiing - Phil Younker, President, AML/JIA Board An update on the insurance program available. The Municipal Clerks for the municipalities lying within the Fairbanks region have agreed to hold an additional conference with several clerks from that region in order to update skills prior to the next institute. Anyone wishing to view the material given out during the Institute is welcome to contact me for copies. The Handbook will probably be completed sometime this summer. 1791- ClTY OF u0i:z� 4 41�lr 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 April ', 1989 TO: Council FROM: Janet Ruotsala y ,_-j- Clerk Mayor Williams has requested that the budget session scheduled for April 12 begin at 6:00 PM instead of 7:00 PM, and 30 minutes be given to a presentation of the Bicentennial Committee. In addition, a light dinner would be served. He also askea me to inform you the the Airport Commission has reauested a work session to begin at 6:00 PM on April 19. There is a teleconference scheduled for 6:30 this date, and regular meeting of the Council is scheduled for 7:00 PM. If Council agrees, we could schedule the teleconference for 5:30 PM to 6:00 PM and the work session for 6:00 PM to 7:00 PM. We would serve a light dinner during the work session. In addition, he asked me to remind you that there will be a discussion on pull tabs and a possible executive session relating to the Inlet Woods Subdivision at. the April 19 meeting. 3r .11-/vF-0-/ KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING FEBRUARY 21, 1989; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A- y Page Nbr. i A. CALL TO ORDER 1 ;. PLEDP9 OF ALLEGIANCE I C. INVOCATION: Rev. Dan Thornton, Peninsula Grace I Bretheran D. ROLL CALL E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: February 7, 1989 G. COMr1ITTEE REPORTS (a) Finance (Chm. Crawford, V. Chmn. Carey, Glick, I O'Connell, Nash, Walli) (b) Local Affairs/Legis. (Chm. Skogstad, V. Chm. 1 Mullen, Glick, McGahan, O'Connell, Poindexter) (c) Public Works/Ed. (Chm. McLane, V. Chm. Moock, 1 Brown, Hodgins, McGahan, Skogstad, Keene) (d) Data Processing Review Committee (Hodgins) 2 H. MOTIONS TO RECONSIDER I. AGENDA APPROVAL AND CONSENT AGENDA 2 (a) Vacate Unknown Street Right -of -Way, McFarland 2 Subd., Heather Addition; and Section Line Easement, Sections 17 and 28; T5N, R8W,S.M. Alaska (b) Ord. 89-13 "Authorizing the Disposal of Borough 2 ands �-Public Right -of -Way to the State of Alaska, Department of Transportation" (Mayor) INTRODUCTION ONLY: HEARING 3-21-89 (c) Ord. 89-15 "Amending the Borough Code of Or- 2 id�'nancee concerning Assembly Member Term of Office and Election of Assembly Officers" (Sewall, Glick, McGahan, Poindexter, Hodgins, Skogstad, Brown) (d) Res. 89-17 "Authorizing the Award of Contract 2 oar_tEF'e Direct Purchase of a Tractor/Dozer for the Homer Baling Facility" (Mayor) (e) Commending "Commending Rebekah C. 2 _Resolution Thorpe on Being Listed in 'Who's Who Among American High School Students' " (Glick, Carey, Sewall) J. ORDINANCE HEARINGS (a) Ord. 89-8 "Postponing the Effective Date of Enacted Tie Aeendments to the Borough Sales Tax 3 Code Adopted Through KPB Ordinance 88-40 Substitute, Section 7 and Section 9" (Moock) (b) Ord. 89-9 "Establishing a Division of Risk Enacted Management, a Self -Insurance Retention and 3 Deductible Fund, and Providing for an Effective Date" (Mayor) K. INTRODUCTION OF ORDINANCES (See Consent Agenda) Page Nbr. L. CONSIDERATION OF RESOLUTIONS (a) Res. 89-16 "Urging the State of Alaska, Older acT—ns-Tommission, to Officially Recognize the Sterling Area Senior Citizens, Inc. and Respond Favorably to the Group's Funding Request" (Mayor) Res. 89-16 Substitute "Recognizing the Sterling ADOPTED Area Senior itizens, Inc., for the Participat4on 5 in the Borough's Senior Citizen Grant Program" (Mayor) (b) Res. 89-18 "Approving the Mayor's Proposal for ADOPTED ffFe—ormation of a Local Emergency Planning 5 District and Recommendations for Appointment to the Local Emergency Planning Committee for That District" (Mayor) (c) Res. 89-20 "Approving a Resolution Adopted by ADOPTED tFa _aTTFelt Coalition Regarding Use of Railbelt as Amend Energy Funds for Railbelt Energy Projects or 6 Distribution to Railbelt Communities in the Event the Fund is Not Used for Such Projects" (O'Connell) M. PENDING LEGISLATION (a) Ord. 89-5 (Hodgins/McGahan/McLane/Brown/Glick_ Pcst:poned to 6/6/89 (b) Ord. 89-10 (Mayor;? Hearing 3/7/89 (c) Ord. 89-11 (Local Affairs Cmte./Nash) Hearing 3/7/89 (d) Ord, 89-12 (Mayor, Req. NPRSA Board) Hearing 3/7/89 (e) Ord. 89-14 (Mayor) Hearing 3/7/89 (f) Ord. 88-49 (Mayor) Postponed to 4/4/89 (g) Ord„ 88-27 (Revised) (Nash) Referred to Plan. Cmsn./A,sm T.F. (h.) Ord.. 88-42 & Subst. (McGahan) Tabled 11/15/88 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (a') Verne Gehrke - Pull Tab Activities 8 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS P. MAYOR'S REPORT (a) Anchor Point Advisory Planning Commission Appt. 8 (b) Department Confirmations 8 Q. OTHER BUSINESS R. ASSEMBLY AND MAYOR'S COMMENTS S. INFORMATIONAL MATERIALS AND REPORTS (a) Revenue and Expenditures Report T. NOTICE OF NEXT MEETING AND ADJOURNMENT (March 21, 1989) :0 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING FEBRUARY 21, 1989; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER The regular meeting of the assembly was called to order by Pees. Sewall at 7:30 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Pastor Dan Thornton of the Pen-insula Grace Bretheran Church. D. ROLL CALL PRESENT: Assemblymembers Brown, Carey, Crawford, Glick, Hodgins, Keene, McLane, Moock, Nash, O'Connell, Poindexter, Sewall, Skogstad, Walli; Mayor Gilman, Atty. Boedeker, Finance Director Kinney, Public Workers Director Brown, Deputy Borough Clerk DeLaicee EXCUSED: McGahan, Mullen E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES Minutes of February 7th were approved as submitted. G. COMMITTEE REPORTS (a) Finance (Chm. Crawford, V. Chm. Carey, Glick, O'Connell, Nash, Walli) Chairman Crawford advised the committee had heard a presentation from the Tyonek Native Association on taxable status of developed properties under Alaska Native Claims Settlement Act (A.NCSA) legislation. (b) Local Affairs/Legis. (Chm. Skogstad, V. Chm. Mullen, Glick, McGahank, O'Connell, Poindexter) Chairman Skogstad reported that Mr. Verne Gehrke had made a repert to the committee on pull tab activities. Mr. Skogstad requested that Mr. Gehrke be allowed to speak under Item N., Formal Presentations with Prior Notice Upon Subjects Not on the Meeting Agenda for ten minutes. Other committee discussion involved review of the four borough meeting on Saturday, February 18th. The committee recommended a6dition of Res. 89-20 regarding the railbelt energy fund to the agenda as Item L. (e). Pres. Sewall stated there were several other pieces of legislation from that meeting that he would like to address under Item Q., Other Business. (c) Public Works/Ed. (Chm. McLane, V. Chm. Moock, Brown, Hodgins, McGahan, Skogstad, Keene) Chairman McLane said shortly after convening the meeting, the committee met jointly with the Finance Committee to hear the presentation from the Tyonek Native Association. Other items discussed were agenda items. Public Works Director Ken Brow•: was scheduled to make a roads program status report at the Marct 7th committee meeting. -1- KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING FEBRUARY 21, 1�89 (d) Data Processing Steering (Hodgins) Mr. Hodgins advised the committee met on February 14th and 17th. The committee discussed the long-range plan submitted by data processing; per committee request. He stated the assembly should consider t} future costs of the A9 as compared to today. Currently the cost 1 ;�255,000 for a year; in 1991/92 the cost will be $350,000. The majority of the increase is due to five-year licensing fees c ming due since initial purchase. He said he would make the first-3raft report available to interested parties. H. MOTIONS TO RECONSIDER I. AGENDA APPROVAL AND CONSENT AGENDA Res. 89-20, "Approving the Resolution Adopted by the Railbelt Coalition Regarding Use of the Railbelt Energy Fund for Rail.belt. Energy Projects or for Distribution to Railbelt Communities in the Event the Fund is Not Used for Such Projects" (O'Connell) added as Item L. (e) per Local Affairs Comm. request. A presentation. by Mr. Verne Gehrke on pull tabs was added under Item N. Assemblymember Glick moved that introduction of Ordinances 89-13 and 89-15 be added to the consent agenda. Mrs. Glick noted submission of a resolution of commendation for Rebekah C. Thorpe. Assemblymember McLane advised the Public Works/Ed. Comm. recommended Res. 89-17 and Res. 89-19 be added to the consent agenda in addition to introduction of Ord. 89-13. i) Vacate Unknown Street Right -of -Way, McFarland Subd., Heather Addition; and Section Line Easement, Sections 17 and 28, TSN, RBW, S.M. Alaska (b) Ord. 89-13 "Authorizing the Disposal of Borough t_an�._s_T`or Public Right -of -Way to the State of Alaska, Department of Transportation" (Mayor) INTRODUCTION ONLY/HEARING 3-21 (c) Ord. 89-15 "Amending the Borough Code of Ord- i an n.cencerning Assembly Member Term of Of- fice and Election of Assembly Officers" (Sewall, Glick, McGahan, Poindexter, Hodgins, Skogstad, Brown) INTRODUCTION ONLY/HEARING 3-21 (d) Res. 89-17 "Authorizing the Award of Contract �r TF—eTirect Purchase of a Tractor/Dozer for the Homer Baling Facility" (Mayor) With unanimous consent approval of amendment to correct account number to 100.323010.48510. (e) Res. 89-19 "Recommending and Urging that the 3 at:e�Alaska Fund the Water Quality Study of the Kenai River" (McLane, Mullen) (f) Resolution of Commendation ""Commending Rebekah 77.7horpe on Being Listed —in 'Who's Who Among American High School Students' " (Glick, Carey, Sewall) Pres. Sewall read aloud the commending resolution and state] his congratulations. Pres. Sewall requested public comment on consent agenda items. -2- KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING FEBRUARY 21, .989 Mary Sisson, Soldotna, addressed comments to Res. 89-19 regarding a water qua ty study of the Kenai River. She noted that Congre;,s had appropriated funds for a U.S. geological survey to test and refine concepts for a national water quality assessment program. Areas included river basins and she suggested the Kenai River be recuested for inclusion. The consent agenda and agenda were approved by unanimous conser•. J. ORDINANCE HEARINGS (.a) Ord.. 89-8 "Postponing the Effective Date of Those eA—m n�icments to the Borough Sales Tax Code Adopted Through KPB Ordinance 88-40 Substitute, Section 7 and Section 9" (Moock) ASSEMBLYMEMBER MOOCK MOVED ENACTMENT OF ORD. 89-8. Finance Chairman Crawford advised theyhad a "do pass" recommendation, although it wasn't a unanimous vote. The committee felt individuals affected by the ordinance should have had more input at the public hearings from the beginning. Public hearing was opened and closed as there was no comment. Assemblymember Moock, member of the special Sales Tax Committee, said she had had concern about this section when it was brought up. Specifically, her concerns were the people involved would have already had contracts for this upcoming season. However, ne one involved appeared to voice such concerns at the hearings. Subsequent to the passage of Ord. 88-40 and newspaper coverage, Assemblymember Moock did receive comment. Packages sold by guides including airfare, ground transportation, hotel and meals, etc. would under Ord. 88-40 be subject to separate taxation on each specific service. Some guides had sold packages based on sales tax provisions prior to Ord. 88-40 which involved a one-time sales tax payment for a total package with a maximum of $25. Assemblymember McLane asked confirmation there had been updates and advisories of meeting schedules of the Special Sales Tax Committee on assembly radio broadcasts throughout the summer. Assemblymember Moock stated the committee met throughout its prescribed six month time period. However, there were a couple of significant changes that weren't discussed in depth with the grcup as they didn't seem to have a major impact. She felt the impacted group deserved the benefit of the doubt and advocated delaying implementation. Assemblvmember Nash said the cities reported a significant loss of tax revenues through this special group of guides. No one from this group appeared at the hearings, talked to any city administrators or assemblymembers. He was dubious that the guides would in fact lose much money, and that it was appropriate this small group of guides should receive special treatment not afforded to the other guide... Per Assemblymember O'Connell's inquiry, Attorney Boedeker indicated this action would not fall under Constitutional impairment -)f a contract. Assemblymember Moock noted there were loopholes in the legislation which allowed opportunity for persons to evade taxation. However, there was a chance of substantial financial impact on a number of persons doing business in the borough. The legislation was enacted after the tourist season well into fall, which was "after the fact" on some contracting. Assemblymember Carey urged the assembly to approve the ordinar -e in consideration of the human needs. Assemblymember Poindexter felt business and economic stability should be promoted within the borough and urged passage of Ord. 89-8. -3- KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING FEBRUARY 21. 11489 Per Assemblymember Sewall's inquiry for definition of "time of saLe", Atty. Boedeker said, dealing with installment sales, the time the initial payment is made would be the "time of sale". SpecificELly, paying for the motel room would be the "time of sale", even though a deposit may have been made with an agent. ORD. 89-8 WAS ENACTED ON A VOTE OF 10 YES, 4 NO: YES: Skogstad, Poindexter, Moock, Crawford, Glick, Sewall, Brown Keene, Carey and Walli NO: Hodgins, McLane, O'Connell and Nash (b) Ord. 89-9 "Establishing a Division of Risk Management, as Insurance Retention and Deductible Fund, and Providing for an Effective Date" (Mayor) ASSEMBLYMEMBER GLICK MOVED ENACTMENT OF ORD. 89-9. Finance Chairman Crawford advised the committee recommended "do pass as amended", which would allow assembly oversight. ASSEMBLYMEMBER CRAWFORD MOVED TO AMEND, SECTION 2.34.110, SUBSECTION D., LINE 11, ADD, "CONTRACTS FOR GENERAL BROKER SERVICES OF A YEAR OR LONGER ARE SUBJECT TO APPROVAL OF THE ASSEMBLY, HOWEVER, ASSEMBLY APPROVAL IS NOT REQUIRED FOR BROKER SELECTION OR DESIGNATION WHERE THE SELECTION OR DESIGNATION IS TO ACCESS SPECIFIC MARKETS OR COVERAGE DIRECTLY THROUGH AN EXCLUSIVE BROKER FOR THAT PARTICULAR INSURANCE MARKET OR COVERAGE OR DIRECT WRITER OF THE INSURANCE SOUGHT." Public hearing was opened and closed as there was no comment. ASSEMBLYMEMBER GLICK ASKED UNANIMOUS CONSENT APPROVAL OF THE FINANCE COMMITTEE AMENDMENT WHICH WAS ADOPTED. Assemblymember Carey asked Atty. Boedeker if a school dis*:rict employee would have a conflict of interest. Atty. Boedeker said the position was all assemblymembers were the same regardless of employment and there wasn't a conflict. Assemblymember Nash asked clarification of Section 2.34.020, Line 6. "...or Organizations of the Kenai Peninsula Borough. Atty. Boedeker said there wasn't something specifically in mind but the language was written broad enough to incorporate boards and commissions if they come on line. Assemblymember Poindexter expressed concern about the authority of a risk manager. He noted a specific school program and the risk manager's immediate reaction of excluding the program because of liability. Mayor Gilman stated the risk manager doesn't have any authority as far as programs within the school. His authorit} and responsibility is to bring attention to school officials certain risks. He advised there is a risk management committee comprised of the risk manager, borough attorney and two finance directors (s,::hool and borough). It is their determination how to best provide risk coverage. He noted these programs have a cost for such exposurf, an(.-. must be covered. Per Assemblymember Walli's inquiry, Mayor Gilman said there w<is an insurance litigation fund with a balance of $2.1 million. Each year the fund is increased to provide adequate reserves for the risk of lawsuit. He further noted there is one fund to cover both the s=hocl district and the borough. Per Mrs. Walli's concern, Atty. Boedeker noted the indemnification language was virtually the same as atate :tatutes covering school teachers. ORD. 89-9 WAS ENACTED BY UNANIMOUS CONSENT. -4- KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING FEBRUARY 21, 1989 K. INTRODUCTION OF ORDINANCES (a) Ord. 89-13 "Authorizing the Disposal of Borough E_ands__f_or Public Right-of-way to the State of Alaska, Department of Transportation" (Mayor) APPROVED FOR HEARING MARCH 7, 1989 ON CONSENT AGENDA (b) Ord. 89-15 "Amending the Borough Code of Ordi- nances cerning Assembly Member Term of Of- fice and Election of Assembly Officers" (Sewall, Glick, McGahan, Poindexter, Hodgins, Skogstad, Brown) APPROVED FOR HEARING MARCH 7, 1989 ON CONSENT AGENDA L. CONSIDERATION OF RESOLUTIONS (a) Res. 89-16 "Urging the State of Alaska, Older Alas aTc ns commission, to Officially Recognize the Sterling Area Senior Citizens, Inc. and Respond Favorably to the Group's Funding Re- quest" (Mayor) Res. 89-16 Subst. "Recognizing the Sterling Area Senior Citizens, Inc., for the Participation in the Borough's Senior Citizen Grant Program" (Mayor) ASSEMBLYMEMBER GLICK MOVED TO ADOPT RES. 89-16 AND FURTHER TO AMEND TO ADOPT RES. 89-16 SUBST. Finance Chairman Crawford stated the committee recommended "do pass" on the substitute. Archie L. Chamberlain, Sterling, said the group had not receivEd its corporation papers in time for state filing in mid -February. He said the group met twice a month at the fire hall. Per state statutes, a group must be sponsored by a local municipality. Assemblymember Brown urged Mr. Chamberlain to contact legislators about state funding this year. Assemblymember Carey said transportation was one of the greatest hazardssenior citizens have to deal with. By establishing a group in Sterling, this addressed the transportation problem. Mayor Gilman noted there was a $5,000 start-up grant for enior groups. Per the 1984 census, as specified by the enabling ordinance, 123 seniors reside in the Sterling precinct. This is the figure that would be used for the per capita monies. Archie Chamberlain, said after checking with the assessing department at the boroug1h for tax exemption of 65 and older, they came up with around 185 residents. Additionally, there were many, many between 60 and 65. Assemblymember Moock commended the group on its efforts. THE AMENDMENT TO MOVE RES. 89-16 SUBSTITUTE WAS ADOPTED BY UNANIMOUS CONSENT. RES, 89-16 WAS ADOPTED BY UNANIMOUS CONSENT. (b) Res. 89-1.8 "Approving the Mayor's Proposal for the oration of a Local Emergency Planning District and Recommendations for Appointment to the Local Emergency Planning Committee for That District" (Mayor) Assemblymember Crawford asked where the funding would come frogs. Mayor Gilman responded there was no funding. He said the only finances he thought would be encountered was some traveling costs, These were being anticipated in the emergency management budget RES. 89-18 WAS ADOPTED BY UNANIMOUS COSE' -5- KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING FEBRUARY 21, 1989 (c) Res. 89-20 "Approving a Resolution Adopted by tukailTelt Coalition Regarding Use of Railbelt Energy Funds for Railbelt Energy Projects or Distribution to Railbelt Communities in the Event the Fund is Not Used for Such Projects" (O'Connell) ASSEMBLYMEMBER O'CONNELL MOVED ADOPTION OF RES. 89-20. Legislative Chairman Skogstad advised the committee recommend&I "do not pass" on a three to one vote. There was no public comment. ASSEMBLYMEMBER GLICK MOVED TO AMEND SECTION 3., TO ADD REPRESENTATIVES WALLIS AND BINKLEY AND ASKED UNANIMOUS CONSENT. ASSEMBLYMEMBER. O'CONNELL MOVED TO AMEND SECTION 3., TO SPECIF'� THE RESOLUTION BE SENT TO ALL LEGISLATORS AND THE GOVERNOR. THE O'CONNELL AMENDMENT WAS ADOPTED UNANIMOUSLY. President Sewall noted five assemblymembers - Hodgins, Tvalli, O'Connell, Skogstad and Sewall - in attendance at the four borough meeting. He observed the Fairbanks North Star Borough very much wanted a resolution specifying the money be spent on interties as does the Kenai. Peninsula Borough. MatSu and Anchorage preferred the money was spent on a per capita basis. Assemblymember Crawford voiced some concern about not specifying doll-ar amounts if indeed the funds are distributed in 1990. Assemblymember O'Connell stated he'd introduced the resolution, hoping the assembly wouldn't approve it. He voiced his difficulty with the four borough meeting. He noted the historical background of the railbelt energy fund and the pressures now being brought to bear on the monies; ($230 million). He said Anchorage and MatSu were .adamant about dividing the money up this year. However, the Bradley Lake and Seward interties won't be ready for construction this year. Therefore, the needed monies would still be subject to the sam, pressures nes-_ year. He stressed the importance of specifying tht. interties. He noted that probably the money would indeed be spent this year. Mayor Gilman advised Marla Huss indicated the resolution should be accompanied by a letter of intent specifying the borough's commitment to the interties. Per Assemblymember Brown's inquiry, Mayor Gilman indicated a pper capita distribution based on 40,000 population would amount to -35 million. The projected cost of the southern intertie is estimated at $80 million and the Seward intert;e i.s estimated at $15 million. Pres. Sewall asked if the boroughs' received these monies, would other sources of money be impacted. Mayor Gilman said the Chairman Uehling of the Senate Finance Committee favored completion of the interties -- particularly the southern one. He would then favor redistribution of the rest of the monies within the railbelt to other projects. The governor proposed distribution of $80 million each year -- the $80 million being the capital budget for the whole state. He would then put $75 million into the Science Foundation Fund. Assemblymember Carey noted a presentation by the director of Homer Electric stressed the vital need for the interties. He supported the resolution as the best vehicle at this time. However, he felt the legislature would spend the money where it chose. ASSEMBLYMEMBER WALLI MOVED TO AMEND THE SECOND WHEREAS, SECOND SENTENCE ADD: "should be utilized only for railbelt power interties and energy projects,..."; SECTION 1.,STRIKE/ADD: "That the assembly supports the resolution adopted by the Railbelt Coalition; and expresses its support that the fund be p_ri_m�arill utilized for priority use of the railbelt power interties and any balanr,:e be distributed to communities along the railbelt on a per capita basis. STRIKE: "in the event it is not used for energy related projects within the railbelt." -6- KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING FEBRUARY 21, 1989 Per Pres. Sewall's request, Mrs. Walli deferred making the amendment until discussion on the main motion. Assemblymember Skogstad expressed his ambivalence on the issue. He voiced support for passage with an accompanying letter of ;ntent stressing the necessity of funding the interties. Assemblymember Poindexter concurred with Assemblymember Skogstad's comments. He stated his belief that regardless what the assembly did with Res. 89-20, the legislature would spend money as they chose. He felt it important the borough support the efforts of the four borough coalition. Assemblymember Hodgins felt Res. 89-20 was the proper direct -on to take. He said the assembly should consider what the reprecussions would be if the assembly didn't support the resolution. Assemblymember Moock expressed frustration with the system which had promised monies to the borough, but now in difficult economic times changed the rules. She urged members of the public to contact legislators. Assemblymember Glick noted the history of the promise of monies being available for the interties during the whole process of Bradlee Lake project. The Alaska Power Authority had urged power sales con_racts but now was indicating perhaps the interties weren't needed. She also noted legislators were making a special concerted effort t.o get comment about where to cut the budget. She felt it very important the letter of intent include reference to the Bradley Lake project. ASSEMBLYMEMBERR WALLI DEFERRED TO ASSEMBLYMEMBER MC LANE ON HER AMENDMENT: STRIKE/ADD, SECOND WHEREAS, 2ND LINE: "should be ut:..lized only for railbelt power .nterties and energy..."; SECTION 1., L'NE 1, the ass STRIKE/ADD: "That embly [agrees] supports the reso'.•ltion adopted by the Railbelt Coalition and further expresses its su,)port that the fund be utilized as set fortF n —that resolution givin5 Fr.00rity to railbelt power interties before [or] (distributing] istribution to the communities a ong the rai belt on a per capita basis in the event it is not used for energy related projects Within the railbelt."; SECTION 3., COPY ALL LEGISLATORS THE MC LANE/WALLI AMENDMENT WAS ADOPTED BY UNANIMOUS CONSENT. Assemblymember O'Connell stated the MatSu and Anchorage boroughs had no intent to support interties either through the Railbelt Coalition or through their legislative delegation. He reflected if the northern, southern and Seward interties were built the Railbelt Energy Fund would be depleted. He said the boroughs had indicated at the four borough meeting the interties should be paid for by the consumers through the utility rate process. Assemblymember Brown stated the borough had absolutely beer. assurred the interties would be funded by the Railbelt Energy Fund. He said he would not support the resolution because the pressure should be put on the legislature. Assemblymember Walli felt a positive move needed to be made for support of funding the interties, rather than a negative defeat of the resolution. RES. 89-20, AS AMENDED, WAS ADOPTED ON A VOTE OF 9 YES, 5 NO: YES: Skogstad, Poindexter, Hodgins, Moock, Crawford, Glick, Sewall, Carey and Walli NO: McLane, O'Connell, Brown, Keene and Nash M. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted.) (a) Ord. 89-5 (Hodgins/McGahan/McLane/Brown/Glick) Postponed 6/'6/89 -7- KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING FEBRUARY 21, 1984 (b) Ord. 89-10 (Mayor) Hearing 3/7/89 (c) Ord. 89-11 (Local Affairs Cmte./Nash) Hearing 3/7/89 (d) Ord. 89-12 (Mayor, Req. NPRSA) Hearing 3/7/89 (e) Ord. 89-14 (Mayor) Hearing 3/7/89 (f) Ord. 88-49 (Mayor) Postponed 4/4/89 (g) Ord. 88-27 (Rev.) (Nash) Referred to Plan. Cmsn./Assm. T.F. (h) Ord. 88-42 & Subst. (McGahan) Tabled 11/15/88 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA Verne Gehrke, Soldotna Little League Boardmember, appeared to convey is concern about pull tab activities in Soldotna. He advised a Local concern, Pull Tab City, was taking $40,000-45,000 out of the area each month. As a result, he speculated the little league had lost money on its bingo proceeds - approximately $10,000. He also questioned whether the concern was truly donating the mandated 15% to charity. He indicated in his conversations with the Dept. of Revenue that they're aware of this "hole" in the regulations on operators. He urged either legislation outlawing this type of operation or support for action in Juneau. He noted the Soldotna League had been self-supporting for a number of years. However, it was now faced with tremendous shortfall due to pull tab activities. Assemblymember Brown noted a local municipality can restrict pull tab activities. He estimated millions were being lost by the borough. Assemblymember Brown and Nash advised they would hold a public hearing at the borough administration building for permitholders on Wednesday, March 1st at 7 p.m. 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS P. MAYOR'S REPORT ia) Anchor Point Advisory Planning Commission Appt. ASSEMBLYMEMBER GLICK MOVED APPOINTMENT BY UNANIMOUS CONSENT. Dr. Geoge McAneliy, Emmitt Trimble, Clif Shafer, Mari Powell, Robert E. Clutts, Darrell J. Hill and Alice Joanne Collins were confirmed by unanimous consent. Mayor Gilman announced the Sterling Special Waste Site Hydrogeolcgic Review and a monitoring plan for the Sterling Waste Site would be released February 22nd for DEC and public review. Mayor Gilman advised the City of Seldovia had requested the area be declared a local government disaster due to extended cold weather A number of the water and sewer lines have frozen. The Alaska Department of Environmental Services to make an assessment. The mayor advised he would then determine whether to request the governor declare the area a disaster area. Emergency disaster funds would then be available. ib) Department Head Confirmations ASSEMBLYMEMBER GLICK MOVED UNANIMOUS CONSENT CONFIRMATION OF RICHARD TROEGER AND WAY19E HAERER. Richard Troeger, Planning Director, and Wayne Haerer, Borough Assessor, were confirmed by unanimous vote. -8- KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING FEBRUARY 21, 1389 Q. OTHER BUSINESS Pres. Sewall reviewed legislation discussed at the four borough including H.B. 37, the Railbelt Energy Fund, the ferry system and port authority, and coal loading facility on Point McKenzie. Assemblymember Hodgins said the port proposal was that the Kenai. Peninsula, Anchorage and Matsu boroughs combine as a port authority. Road service areas were discussed and the overhead that a borough can charge for administration of pass through monies to the service areas. Assemblymember Skogstad said Joe Ryan of the Fairbanks borough requested that Len Bunts, road service coordinator, provide information about service areas and costs. Fairbanks has over 100 road service areas within the borough. The Fairbanks borough charges over $500 for their road program. Rep. Mike Miller has authored a bill which would cap administrative costs. Mr. Skogstad noted the borough needed to request its name be added to the state grant request for reimbursement of the $12,500 for the ferry study. Mr. Skogstad said in regard to the ferry system and the borough's comments on adding the Kenai Peninsula Borough on a grant. Matsu distributed a draft of the Request for Proposal (RFP) for approval. The Kenai Peninsula Borough advised it would have to be reviewed by the mayor and Planning Director. Pres. Sewall noted the response needed to be by March 15th. Assemblymember O'Connell expressed his problem with asking the legislature to fund a ferry system when the borough is begging for money for foundation formula funding. He further felr_ it inappropriate that the borough request the state to reimburse the $12,500 for planning of the ferry system study. Assemblymember Sewall echoed Assemblymember O'Connell's comments on the appropriateness of reimbursement on the ferry system. Assemblymember- Hodgins recalled on initial passage of the $12,500 for the study, reimbursement had been a large part of the discussion Pres. Sewall noted the borough had addressed legislation, "An Act relating to a reduction or deferral of municipal taxation for economic development property; and providing for an effective date". Assemblymember Skogstad voiced concern that this type of measure be addressed with caution. Assemblymember McLane pointed out investment incentives had been used on the North Road developments. Assemblymember Glick pointed out although there has been much discussion of the absolute necessity of cutting back budgets, there were legislative proposals to create new boards and commissions She felt there were entities in place to address these areas w-:thout incurring the cost of new boards and commissions. Pres. Sewall stated there were a number of resolutions put cn the desks at the special Railbelt Coalition meeting which had not appeared on the agenda. He stated his ambivalence on continued participation in the four borough meeting, but said another meeting was tentatively scheduled for late March in Anchorage. Assemblymember Walli said she didn't feel the agenda had been r;et up properly and she might not want to attend again. But, she felt it important that borough representation be involved to keep updated on issues. Pres. Sewall stated he and other assemblymembers had to continually reiterate they could not make a decision for the borough wethout bringing the proposed legislation back to the assembly for review. He thought ar,. observor might attend further meetings. He stated his difficulty of the assembly attending a meeting outside the borough not accessible to the public. KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING FEBRUARY 21, 1939 Assemblymember Brown felt there needed to be a clear stipulation -:hat items not on the agenda could not be discussed. Assemblymember Glick urged a letter be sent laying out this stipulation and ,s statement that resolutions presented at the meeting couldn't be addressed until the next meeting. R. ASSEMBLY AND MAYOR'S COMMENTS Assemblymember Walli noted a letter from the Golden Valley Elec*ric Association urging support for the southcentral and northern interties including Seward. Assemblymember Brown noted John Dahlgren's memorandum regarding reduced utility costs by the school district. Assemblymember Skogstad thanked the Public Works Department and Ken Brown for his efforts at the Hope School. He also commended Alan Holt For the impressive school logo mural created in the auditorium. Assemblvmember Hodgins stated his interest in knowing what HEA would approximate the cost to the consumer for the Bradley Lake intertie. He also speculated what the absolute least dollars were necessar,, to construct the intertie. Assemblymember Moock noted the visiting Russian teachers and students. She expressed her admiration for the ability of the Soldotr.a and Russian students to converse without a common language. She additionally expressed pride in the community who supported the project. Assemblymember McLane asked that he be allowed to attend the Resource Development Council meeting in Anchorage. No objection was voiced. Mayor Gilman said there were three slots for borough attendance. He further noted at this time, no one from administration had planned to attend at this point. Assemblymember McLane further noted his pleasure in speaking at the K-Beach Elementary to students about borough government. He furrhe- noted there appeared to be a developing problem with animal contro. outside the cities. He noted second-class borough's can exer•:ise areawide or non-areawide animal control measures. Assemblymember Crawford congratulated the community of Anchor Pint on its advisory planning committee. He said there was no wa} of completely assessing the emergency in Seldovia. However, the ice had. pulled pilings out. With the loop system in place, until the gr.Dund thaws out a total assessment was not feasible. Pres. Sewall announced the school board had scheduled a board meeting on March 13th when it would take final budget action. The March meetings of the 6th and 20th have been cancelled. Pres. Sewall advised he and Mayor Gilman and Finance Director Kinney woulci be going to New York to discuss the bond rating of the borough with bond counsels at the end of February. Assemblymember Glick would be attending the NACo meeting in Washington, D.C. from March 4th through the 8th. Pres. Sewall noted receipt of letters of positive affirmation from I egislators on borough resolutions and ordinances. He also expressed his frustration. with delayed receipt of his mailings and asked that the Borough Clerk's office forward first class mail. S. INFORMATIONAL MATERIALS AND REPORTS (a) Revenue and Expenditures Reports T. NOTICE OF NEXT MEETING AND ADJOURNMENT (March 21, 1989) Pres. Sewall adjourned the meeting at approximately 11:30 p.m. Date approved March q 'AT�EST oroug onat n ewa ssem resident -10- Y _phis edits "' ���onia'sponsordd March 1989 Resource Development Council Permit No. 3ZZ_ Box 100516, Anchorage, AK 99510 ADDRESS CORRECTION REOUESTED esource Review Mayer John J. Wi3'l i=atm� City of Kenai 210 Fidalo_o Kenai, AK 99611 Balancing energy with Wilderness (continued from cover) 1.5 million -acre Coastal Plain, an area which does not bear the Wilderness designation. This area, representing only eight percent of the refuge, was intentionally set aside by Congress for study of its oil and gas potential. Petroleum operations in the refuge would involve 12,000 acres, about eight -tenths of one percent of the Coastal Plain. Millions of acres of pristine Wilderness would remain undisturbed, including 400,000 acres of coastal lands where a continuum of Wildemess would be preserved. The oil industry and the State of Alaska are not seeking to open designated Wilderness lands to oil and gas exploration and de- velopment. However, both are deeply concerned with proposals to add the entire Coastal Plain to the wilderness system. Vast portions of Alaska (57 million acres) already have been set aside as designated Wilderness. The Wilderness recommendation for the Coastal Plain of ANWR is but one of many new Wilderness proposals for Alaska. EPA report on Arctic pollution is bused portra va_ i ar A recent New York Times article alleging "inproper and careless management of chemical and oil wastes on Alaska's North Slope" was based on an incomplete, unpublished draft report of the Environmental Protection Agency. The draft, which had not undergone peer review and evaluation to as- sure objectivity, was leaked to the press on the eve of major congressional hearings on legislation to authorize oil and gas development in the Arctic National Wildlife Refuge. Of course, it was trumpeted by environmental groups and re- ceived top billing in the national press. According to the' EPA, the draft report was not only re- leased without agency knowledge, it included a mix of fact with conjecture from non -EPA sources. A memorandum from Patrick Quinn of the EPA's congres- sional liaison office stressed that a preliminary review re- sulted in "significant concerns about the quality of the re- port..." The EPA memo also emphasized the report "goes beyond what can be documented and is not an objective portrayal; nor does it in any way constitute an official Agency finding or position." Approximately 25 percent of America's domestic oil production comes from Alaska's North Slope oil fields. Development of those oil fields, according to Dave Heatwole, a vice president for ARCO Alaska, Inc., has impacted about 8,200 acres of the North Slope's 56 million -acre land base. Heatwole asks, "If we can produce 25 percent of America's domestic oil from 8,200 acres, which is less than one -tenth of one percent of the North Slope, isn't it it the nation's interest to do so?" Admittedly, early development in the harsh conditions of the North Slope was a learning experience for the oil industry. However. highly effective, efficient and environmentally -safe methods of oil production evolved out of the early challenges faced by industry at Prudhoe Bay. Throughout the years, wildlife has cycled independently of any development on the North Slope, and the advancing learning curve as shown that Americans can explore for and develop energy resources in Alaska without significant harm to the environment. .. ^�4111 r ANWR COASTAL PLAIN IS NATION'S BEST PROSPECT FOR NEW OIL DISCOVERIES The Coastal Plain of the Arctic National Wildlife Refuge lies under a blanket of snow nine months of the year, adjacent to the frozen Beaufort Sea. The 1.5-million acre Coastal Plain of the 19-million acre refuge is considered to be the best prospect in the U.S for huge deposits of oil and gas. Resource Development Executive Committee Officers Resource Review is the official monthly publication of Council, Inc. President J. Shelby Stastny the Resource Development Council, Box 100516, An - Vice President Ethel H. 'Pete" Nelson chorage, Alaska 99510 — (907) 276-0700. The Resourrce Development Council (RDC) is Alaska's Vice President ...... John Forceskie Stephen Ellis largest privately funded nonprofit economic develop- Secretary ..... Treasurer .. ... ...............Larry Loughman The RDC business office is located at 807 G Street, ment organization working to develop Alaska's natural Past President ............ Joseph Henn Suite 200, Anchorage. resources in an orderly manner and to create a broad - 5 protecting and en- based, diversified economy while pro te Executive Director .. .... If . Becky L. Gay Material in the publication may be reprinted without hanan the environment. 9 Public Relations Director .. .. Carly .Carl Portman permission provided appropriate credit is given. p Finance and Member Services Director .. Anne M. Bradley Projects Coordinator ....... ........ Debbie Reinwand Cart Portman Stall Assistant ......... . ............ Kimberly R. Duke Editor & Advertising Manager Page 2 / RESOURCE REVIEW f March 1989 Global warming and the Tongass The powerful non -development lobby is now using the environmentally -fashionable global warming issue to press Congress for radical reforms of timber programs in the Tongass National Forest, but scientists believe logging practices in that forest may actually be part of the answer to the prob- lems of deforestation and global warming --- not the cause. Timber management in the Tongass is actually helping to reauce levels of carbon d oxide in the atmosphere. Replacing some of tie old and dying forest with a young, vigo-ously-growing, oxygen -producng forest increases the amount of carcon diox.de removed from the atmosphere and stored in the wood fiber. This is in sharp contrast to tropical forest conversion oy slash and burn cultivators where trees are forever eliminated from the land and large amcunts of carbon are releasea into the atmosphere by burning of slash. In the tropics, rising populations and ex- panding agricultural experts are resulting in the clearing of virgin forests to grow food. Tne land left behind is unable to support new forest growth. The forests are also disappearing in the arid woodlands of Africa and India where people harvest trees for fuelwood. In Latin America, cattle ranching has resulted in ex- tensive forest conversion, driven by U S. demand for cheap beef. And in Malaysia, world demand for tropical hardwoods has encouraged the liquidation of entire forests. The rate of harvest is four times the rate of natural regeneration. Global warming has nothing �o do with sustained yield logging in the Tongass. ac- cording to Alaska Senator Frank Mur- kowski. In a letter to his fellow senators, Murkowski explained that 48 trees grow back for every one that is cut in the Tcn- gass. He noted that the U.S. Forest Service plans to log only 1.7 million acres out of the 17 million -acre national forest over 100 year cycles in perpetuity. In addition to sustained yield timber har- vesting, two-thirds of the commercial forest lands in the Tongass have been closed to logging. One-third is closed under a federal Wilderness designation while the other third of the old growth forest is dedicated exclusively to non -timber uses. In all, due to the valuable fish and wildlife, recreation and wilderness resources deserving spec - Stand up for the Tongass The Senate Energy public lands sub- committee will be holding public hearings later this spring in Ketchikan and Sitka and will proceed to quickly mark-up a re- form bill. ' It is imperative that RDC members, their relatives and business associates, especially those Outside, send a personal ` letter to members of the Senate Energy Committee listed below for their support of legislation sponsored by Senators Frank Murkowski and Ted Stevens. The bill (S.237) proposes mid -course correc- tion in the Tongass program, but does not "throw out the babv with the bath water." It allows continuation of the Ton- gass Land Management Plan revision process and protects trmoer industry jobs. The bill is far superior to otner legislation. Members of the Committee who are .ji especially important to reach are Sena- --,I tors Bennett Johnston and Dale Bumpers. Senate Committee of Energy & Resources Ph: (202) 224-4971 FAX: (202) 224-6163 Sen. Bennett Johnston (LA), Chairman Sen. Bumpers (AR), Sen. Ford (KY), Sen. 6 Hatfield (OR), Sen. Wallop (WY), Sen Garn (UT), Sen. Nickles (OK), Sen. ,s Domenici (NM), Sen. Burns (MT), Sen. Murkowski, Sen. Wirth (CO), Sen. Brad- ley (NJ), Sen McConnell (KY), Sen. Con- rad (ND), Sen. McClure (ID), Sen. Met- zenbaum (OH), Sen. Heflin (AL), Sen. Bingaman (NM), Sen. Rockefeller (WV) «' Commcr, Aa ress :, S. Senate. 'gto Washington. D.C. 2.?5 ; 0. ial protection, 90 percent of the Tongass will never be cut. The existing harvest program in the Ton- gass is based on a compromise between environmentalists and industry in the 1980 Alaska National Interest Lands Conserva- tion Act. That law closed the majority of the forest to logging in return for a guarantee that the federal government would help support logging in less accessible, high - cost areas through an annual $40 million appropriation. However, Senator Tim Wirth has intro- duced legislation that would add up to 1.8 million acres of new Wilderness to the Ton - gass, repeal the special timber fund and unilaterally strike two 50-year contracts the government has signed with Alaska pulp mills to process Tongass timber. Alaska Senators Frank Murkowski and Ted Stevens have proposed compromise legislation which would protect the logging industry, but bring funding for the Tongass in line with that of other national forests. Given the strong environmental lobby pressing for the Wirth bill, the expectation is that a reform bill more stringent than Mur- kowski's will emerge, setting the stage for a battle on the Senate floor. March 1989 / RESOURCE REVIEW / Page 3 ANWR: s :1A window of opportunity in 1989 I a Li I allowing on and gas easing on the oastal ain o Is to pass the new 101st Congress, substantial movement must take place in this first, non -election year, many experienced Washington observers say. The Senate Committee on Energy and Natural Resources recently voted 12-7 in favor of legislation that would authorize oil development in ANWR. The strong vote was enough to give the measure some steam as it begins its journey toward a vote by the full Senate. Such a vote could come as early as April. In the near future, the House Merchant Marine and Fisheries Committee will also be reviewing the legislation. The bill will then be referred to the House Interior and Insular Affairs Committee where Chairman Morris Udall has already introduced a bill that would declare the Coastal Plain Wilderness. Passage of legislation that would open ANWR to oil and gas leasing is largely dependent upon the pressure a congressman or senator will get from his or her constituents back home. As a result, your immediate action is imperative! It is critical that you contact your friends, relatives and business associates in other states and ask them to send a letter or telegram asking their member of Congress to support legislation that will open the Coastal Plain to responsible energy development. And don't forget to respond yourself. The best lobbyist is one who writes a brief personal letter to his or her congressional representative. Personal letters receive attention, and are more effective than form letters in getting a legislator to recognize your point of view. The key to successful lobbying is contacting the right people at the right time. In anticipation of a full Senate vote on ANWR, it is vital that people living outside Alaska contact their two senators in their state and urge them to support legislation that would open ANWR to responsible energy development. Each senator has a common mailing address: Senator._ __._-.__, U.S. Senate, Washington, D.C., 20510. Key to ANWR bill House Committee on Interior and Insular Affairs Phone: 202-225-2761 Morris Udall, Chairman CONGRESSIONAL LEADERSHIP SENATE George Mitchell (D-ME) Majority Le,ider Robert Dole (R-KS) Minority Leader Committee on Energy & Natural Resources J. Bennett Johnston (D-LA) Chairman James McClure (R-ID) Ranking Member Committee on Environment & Public Works Quentin Burdick (D-ND) Chamnan John Chaffee (A -RI) Ranking Member HOUSE OF REPRESENTATIVES Jim Wright (D-TX) Speaker of the House Thomas Foley (D-WA) Majority Leader Robert Michel (R-IL) Minority Leader Committee on Energy & Commerce _ John Dingell (D-MI) Chairman Norman Lent (R-NY) Ranking Member Committee on Interior & Insular Affairs Morris Udall iD-AZ) Chairman Don Young (R-AK) Ranking Member Committee on Merchant Marine & Fisheries Walter Jones (D-NC) Chairman Robert Davis (R-MI) Ranking Merroer Each Representative has a common address: U.S. House of Representatives, Washington, D.C. 20515. Rep. Ben N. Campbell (CO) Rep. Richard Cheney (WY) Rep. Beverly Bryon (MD) Rep. Tony Coelho (CA) Rep. tarry Craig (10) Rep. James Clarke (NC) Rep. Ron De Lugo (VA) Rep- Peter Delazio (OR) Rep. George Darden (GA) Rep. Jaime Fuster (PR) Rep- E1lon Gaflegiy (CA) „_.. �Ns -. _ Rep. Pal Wigkv fw) Rep. James Hansen (UT) Rep. Robert $. Smith (OR) Rep. Samuel Gejdenson (Ct) Rep. Peter Kostmayer (PA) Rep. Robert Lagomarsino (CA) Rep. Jim McDermott (WA) Rep. Meklon Levine (CA) Rep. John Lewis (GA) Rep. Richard Leman (CA) Rep. Edward Markey (MA) Rep. Ron Marlenee (MT) Rep. Stan Parris (VA) Rep. Austin Murphy (PA) Rep. Wayne Owens (UT) Rep. George Miller (CA) Rep. Nick Rahail ld (WV) Rep. John Rhodes 111 (AZ) Rep. Jim Lightfoot (1A) Rap. Philb'p Sharp (IN) Rep. Denny Smith (OR) Rep. Bill Richardson (NM) Rep. Mo Uda# (AZ) Rep. Bruce Vento (MN) Rep. Fota Sunia (Am. Samoa) Rep. Don Young (AK) Rep. Peter Visclosky (IN) •' �T3errieb.$i+iz flit.. .• House -Committee on Marchant Marine and Fisheries Phone: 202-225-4447 'FAX 202-225-7094 - Walter B. Jones, Chairman Rap. Bab Clement (yM Rep. Greg Laughlin (TX) Rep. James Inhofe (OK) Rap. Carroll Hubbard (KY) Rep. Nita M. Lowey (NY) Rep. Peter J. Goss (FL) Rep. Stephen J. Solarz (NY) Rep. Dennis Hertel (MI) Rep. Gerry Studds (MA) Rep. Thomas Fogbotts (PA) Rep. Robert Borski (PA) Rep. William Hughes (NJ) Rep. William Lipinski (1L) Rep. Robin Talton (SC) Rep. W.J. Tauzin (LA) Rep. Douglas Boaco (CA) Rep. Charles Bennett (FL) Rep. Roy Dyson (MD) Rep. Solomon Ortiz (TX) Rep. Joseph Brennan (ME) Rep. Thomas Carper (DE) Rep. Owen Pickett (VA) Rep• Jolene Unsoelb (WA) Rep. Thomas Manton (NY) Rep. Robert Davis (MI) Rep. Don Young (AK) Rep. G.J. Hochbruschkner (NY) Rep. Norman Shumway (CA) Rep • Jack Fields (TX) Rep. Norman Lent (NY) Rep. Herbert Bateman (VA) Rep. Jim Saxton (NJ) Rep. Claudine Schneider (RI) Rep. Helen Bentley (MO) Rep. Howard Coble (NC) Rep. John Miller (WA) Rep. Frank Pallone, Jr. (NJ) Rep. Curt Weldon (PA) Rep. Patricia Saiki (Hl) Rep. Wally Herber (CA) Rep. Jim funning (KY) Rep. Walter B. Jones (NC) Page 4 / RESOURCE REVIEW / March 1989 To assist our members and friends in their efforts to con- vince Congress to open the Coastal Plain of ANWR to re- sponsible oil and gas development, the Resource Develop- ment Council has compiled a series of revealing facts about oil development in the Arctic. Please use these facts to edu- cate others about the other side of the ANWR story. ♦ ANWR is located 65 miles east of Prudhoe Bay, the largest oil field in North America. ♦ The part of ANWR being considered for leasing is the 1.5 million -acre Coastal Plain, which represents 8% of the 19 million -acre refuge. ♦ The Coastal Plain is considered this na- tion's most outstanding onshore petroleum prospect. The U.S. Geological Survey esti- mates that Coastal Plain reserves may equal or exceed those found at Prudhoe Bay. ♦ It is estimated that petroleum operations would involve 12,000 of ANWR's 19 million acres. This is only one -eighth of one per- cent of the Coastal Plain. 'Yet 25°p of America's future domestic oil production could come from this small area. ♦ More than 11,000 square miles or 8 million acres of the refuge has already been desig- nated Wilderness and will remain closed to development. ♦ The portion of the Coastal Plain considered for oil and gas leasing does not bear the Wilderness designation. It was intentionally set aside by Congress for study of its oil and gas potential. ♦ A significant portion (400,000 acres) of coastal lands in the refuge is already desig- nated Wilderness. This frequently over- looked portion of the Coastal Plain adjoins Canada's 3 million -acre Northern Yukon National Park, also closed to development. Together these closed areas provide a major continuum of Coastal Plain Wilder- ness that would remain untouched by oil and gas development. ♦ Industry is not seeking to open designated Wilderness in Alaska to development. ♦ The Coastal Plain is not America's last Wil- derness area. Vast portions of Alaska have been set aside as designated Wilderness. If Alaska's 57 million acres of designated Wilderness were made into one state, it would be larger than the combination of Maine, New Hampshire, Vermont, Mas- sachusetts, Rhode island, Connecticut, New Jersey and Maryland. ♦ Alaska contains 62% of all federal Wilder- ness in America. ♦ U.S. oil imports hit their highest level last year since 1979, while domestic oil produc- tion plummeted to a 12-year low. By the mid -to -late 1990s, the world's surplus of oil will be consumed by rising energy con- sumption. It would take up to 15 years after the first lease sale before an oil field in ANWR's remote arctic environment could be brought �n:o production. During that period, environ- mental studies would continue and ad- vances in technology would further ensure ceveiopment taxes an environmentally - sound approacn. The argument that America can expect to recover from ANWR what would amount to a six month suopiy of the nation's energy needs is an inappropriate analogy. it com- pletely disregards the reality of how oil is produced. Total production from Prudhoe Bay also could be expressed in terms of days or months. Doing so masks the fact that since 1977 Prudhoe Bay has produced on average 1.8 million barrels a day, 25 percent of domestic production. ♦ A major find on the Coastal Plain could cut the nation's energy bill for imported oil by tens of billions of dollars annually, create thousands of jobs nationwide and generate billions of dollars in annual salaries. ♦ Fish and wildlife have cycled independently of any development on the North Slope. Caribou in North Slope oil fields have tripled in population since development. ♦ Industry routinely considers wildlife use, habitat and drainage in selecting sites for production facilities, roads and piplines. Di- rectional drilling allows forthe consolidation of facilities, preserving acres within oil fields for wildlife habitat. ♦ Data from government -mandated monitor- ing programs reveal Prudhoe Bay air qual- ity consistently meets federal and state standards and is hot comparable to that of large cities. ♦ Some 90 percent of Alaskans favor oil and gas development on the Coastal Plain of ANWR. ♦ The landforms and habitats of the 1002 area are not unique on Alaska's North Slope. '1 March 1989 / RESOURCE REVIEW / Page 5 k a � "We're not alone" Thoughts from tit e LiPresident by l J. Sheiov Stas!nv A few months ago in t'lis column I suggested that Dart of the reason those who believe in ock!ra ro additional rub!ic lands have been so successful :s that thev are orcarnzed on a national basis. This national organization allows them to solicit and receive large sums of money. These monies are used to produce compek ling advert sing to sway public opinion to their way of thinking. I suggested that it those of us who believe in multiple uses of land are to cet access to comoarable amounts at monev to offset the massive non -development campaian, ai, grcues that support mul- tiple use , ilou a need to bano toaetner ,-, a national unified effort. Scan atte, tnat article apoeared. ! recerveci a c:31; from Grant Gerber o` the VVi, erness Impact Research rounaaton iniormtnq me that such an a naiaamation was unaerway. l_,ir executive director hag, in fact, lia'l returnea from a meetinq wnicn was attencea cv nun- dreds of hKe-minaea ndiviouais. It was exciting, therefore to meet aria listen ro the leaders of some of these organizations at our recent c me,ence in Anchor- age. We are not alone in This fignt against'vViicerness eesignations! Each of these aeoicateo inaivteuwS taught us rnportant lessons in cettina our message across if we expect to put Alaska' i lands tr, productive use. One important message which came to me loud and clear was that these organizations are willing to help us on our issues, however. in return they will expect help in their iss:aes. 4Ve are now aware of aids to assist us in getting the message :cross. At the conference we were able to view a videotape which was a c'ever spoof on the Park Service and their zeal to go to any engths to protect wilderness from human intruders. Mr. :;erber a so eft two videotaped episodes of the Outdoor Magazine which explores the effect of Wilderness designations on a number of areas it the lower 48. These episodes are scheduled to appear on PBS in the future, however they are available from RDC to use ;r exo arnina the effects of Wilderness designations. We encouraee you to check them out and use them. Future editions of this videotaoe series may cover the effects on Alaska of our 57 million acres of Wilderness and the potential impact of additional designations. Support will. however, be requirec from Alaskans to produce such segments. Some of the most effective tools of the "protectionist" movement are the slick magazines which depict their point of view in beautiful color. At the conference. we were introduced to the "wise use' alterrative to those oublications. The premier issue of "Our Land' magazine. cupnshed by the Our Land Society features artwies on wise use of the Tonaass and the arctic regions of Alaska. h-i addi Lion, numerous other articles bring out the real facts retarding some or the specious arquments made by the protectionists Since a macazme of this cuanty needs broad support to succeea. I en- ccurEce each memoer of RDC to lend their support by becoming a memcer of the Our Land Society. A membership application is reorocucea in this issue of the Resource Review. If this cloesn t Decorne an effective voice Tor reasonable land use, we n ave no one to came out ourselves. A sincere Yinanics to each oT you? RDC's 9th annual conference cn ctis: %lultio e use anc Re- source Opportunities for Alaska was a ,remendous success, %luch of the cred.t is due the distinguisheo gaup f zecpie who spow,e at the conference, However, another group a;so gave genercus,y to make RDC's conference possible, ncf to mention successful — our conference sponsors! RDC sincerely thanks the Hosting Cit,,:. the Port and Municipal- ity of Anchorage. Our generous Cosponsors include Alascom, ARCO Alaska, Inc., Alaska Airlines, Alyeska Pipeline Service Co., BP Exploration, Coopers & Lybrand, MarkAir, and the City and Port of Valdez. General Sponsors were Anchorage Times, Arctic Slope Regional Corp., Cominco Alaska, Inc., Echo Bay Mines, Ektutna, Inc., and Kenai Peninsula Borough. Underwriters are the backbone of the conference. T"ey include Alaska Journal of Commerce, Alaska Gold Company, Alaska Pulp Corporation, Alaska Sales & Service, Inc., Arrowhead Minerals, Associated General Contractors of Alaska, Bradley - McAfee Public Relations, Color Art Printing, Co., Inc., Commu- nity Enterprise Development Corp., Conoco. Inc., Cook Inlet Region, Inc., Doyon, Ltd., Diamond Alaska Coal, Era Aviation, Inc., EXXON Company, USA, Koniag, Inc., Ketchikan Air Ser- vice, Mapco Alaska Petroleum, Inc., Matanuska-Susitna Borough, NANA Regional Corp., Inc., Placer Dome Li Inc., Price Waterhouse, Sealaska Corp., Shell Western E & P Inc., Suneel Alaska Corporation, Usibelli Coal Mine, Inc., VECO, Inc., and WestGold. The All Alaska Exposition was the visual focal point of the con- ference as it provided a slice of life in the businesses anc com- rnurnties from around the state. Exhibitors include Alaska Dept. of Commerce & Economic Development, Alaska Dept. of Com- munity & Regional Affairs, Alaska Oil & Gas Association, Alaska Public Radio Network, Alaska Seafood Marketing Insti- tute, Alliance Bank, Port of Anchorage, Arctic Slope Regional Getting the most r \( from ;RDC By Anne M. Bradley Corporation, Chugach Alaska Corporation, Chugach National Forest, City of Cordova, Ernst & Whinney, Fairbanks Conven- tion & Visitors Bureau, Fluor Daniel Alaska, Matanuska- Susitna Borough, MarkAir, Merrill Lynch Consumer Markets, Multiple -Use Land Alliance, National Inholders Association, SST Travel Schools of Alaska, Seafoods from Alaska, Security Aviation, Inc., City of Seward, The Travel Academy, Usibelli Coal Mine, City & Port of Valdez, and Westmark Hotels. RDC's list of fabulous raffle prizes read like a catalog f r the rich and famous. Prizes included everything from a Cary ibean cruise, a remote fishing trip package, loose gold, and a gold r ugget to jewelry and unique Alaskan art. Raffle and Door Prize P itrons included Alaska Airlines, Alaska Railroad Corporation, Alyeska Resort, Artique, Ltd., Arrowhead Minerals, Executive Travel Service, Gray Line of Alaska, McGrane Jewelers, Len McLean, Howard McWilliams, Phillips Cruises & Tours, Sheraton An- chorage Hotel, Stephen Fine Arts Gallery, and Stoniril Gal- lery. RDC is very fortunate to have such a long list of people and organizations who are willing to sponsor its conference. ROC ex- tends its most sincere thank you to each of you! March 1989 / RESOURCE REVIEW / Page 7 -:7,-NF-0--3 TO DO LIST MARCH 21, 1989 PEOPLE COUNT WORK SESSION 1. J. Williams - Contact Jim Gurke, C&RA, re/funding for People Count students. 2. Dept. Heads - Send letters of support re/People Count to Clerk. jr CITY OF KE 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAME Resident of City of Kenai? How long? Flailing Address Tel. Bus. Addressr,{„ N Tel . 1—;:17 !�2i Presently emploved by Job Title_� ytiti� c�� v Name of Spouse Current membership in organizations: Past organizational membership: Committees interested in: KE:NAI PENINSULA.BOROUGH REGULAR ASSEMBLY MEETING '`1 MARCH 21, 1989; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A G E N D A- r A. CA6L�TO ORDER ^ ., �EDGE OF ALLEGIANCE C INVOCATION: Rev. Morrison Fisher, Kenai Bible Church D. ROLL CALL E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: March 7, 1989 G. COMMITTEE REPORTS (a) Finance (Chm. Crawford, V. Chm. Carey, Glick, O'Connell, Nash, walli) (b) Local Affairs/Legis. (Chm. Skogstad, V. Chm. Mullen, Glick, McGahan, O'Connell, Poindexter) (c) Public Works/Ed. (Chm. McLane, V. Chm. Moock, Brown, Hodgir.s, McGahan, Skogstad, Keene) `3. REPORTS OF COMMISSIONS AND COUNCILS 1. MOTIONS TO RECONSIDER (a) Ord. 89-14 "Appropriating Funds for Removal, Testing and Protection of Underground Storage Tanks and Establishing the 1�nderground Storage Tank Program Fund" (Mayor) (Nash notice 3/7/89) J. AGENDA APPROVAL AND CONSENT AGENDA (a) vacation of portion of Chinook Rd. south of Lots 5 and 6, Block 1; portion of Chinook St. south of Lot 6, Block 1, west of Lot 4, Block 2; and adjacent utility easements; Huhndorf Subdivision K. ORDINANCE HEARINGS (a) Ord. E19-13 'Authorizing the Disposal of Borough Lands for Public Right-of-way to the State of Alaska., Department of Transportation" (Mayor) (b) Qrd. 119...15 "Amending the Borough Code of Or- dinances Concerning Assembly Member Term of Of- fice and Election of Assembly Officers" (Glick, McGahan, Poindexter, Hodgins, Skogstad, Brown) L. INTRODUCTILON OF ORDINANCES (a) Ord. 89_17 "Amending Kenai Peninsula Borough 'ode Section 21.01.025 to Allow Cities to Make Mirror Amendments to City Comprehensive Plans" !Mayor, Reg. Planning Commission) (b) Ord. 89-18 "Appropriating S350,000 from the Un- designated Fund Balance of the South Peninsula Hospital Service Area Fund Balance" (Mayor, Reg. SPHSA Board) M. CONSIDERATION OF RESOLUTIONS (a) Res. 139-26 "Recommending Passage of Senate Bill 184 Establishing the Redoubt Bay Critical Habitat Area" (Mayor) (b) Res. 89-27 "Recommending Concept Approval of the Kenai Peninsula Borough Coastal Management Program" (Mayor) (c) Res. 89-28 "Selecting the Certified Public Ac- counting Firm to Conduct the Audit of Borough Accounts" (Finance Cmte.) (d) Res. 89-29 "Authorizing the Mayor to Award the Construction Contract for construct -ion of New Seward Elementary School" (Mayer) (e) Res. 89_30 "Selecting an Insurance Brokerage Firm for the Borough and School District" (Mayor) N. PENDING LEGISLATION (This item lists legislation whicn will be addressed at a later time as noted) (a) Ord. �39-5 "Amending Kenai Peninsula Borough Or- dinance 81-47 Which Adopted Municipal Powers Necessary to Provide Ports and Harbors, Wharves, and Other Marine Facilities in the Borough Out- side Cities, to Remove Restrictions on Expendi- tures and Hiring" (Hodgins/McGahan/McLane/Brown/ Glick) POSTPONED TO 6/6/89 (b) Ord. 138-49 "Amending KPB Chapter 20.20 Regarding Subdivision Design Requirements by Enactment of a New Section 20.20.035 Providing Access Re- quirements for Proposed Subdivision of Land Iso- lated by the Alaska Railroad Right -of -Way From the State Highway System" (Mayor) POSTPONED 4/4 (c) Ord. 88-27(Revised) "Amending KPB Title 21 to Add a New Chapter 200 Pertaining to the Burial, Dumping, Transporting, Storage, Incineration, or Other Disposal of Potentially Harmful, Toxic or Hazardous Waste Mataerials, and Amending KPB 10.10 Pertaining to the Waste Disposal Commis- sion" (Nash) Referred to Plan. Cmsn./Assm. T.F. O. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THL MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Q. MAYOR'S REPORT (a) Memo 139-25, Seward School Enrollment R. OTHER BUSI14ESS S. ASSEMBLY A14D MAYOR'S COMMENTS T. INFORMATIONAL MATERIALS AND REPORTS (a) Revenue and Expenditures Report (b) Application for restaurant/eating place license U. NOTICE OF NEXT MEETING AND ADJOURNMENT (Apr.4, 1989) KENAI PENINSULA BOROUGH ASSEMBLY COMMITTEES, MARCH 21, 1989 STANDING COMMITTEES: TEMPORARY OR OTHER: FINANCE 5:00 P.M. Alaska Coastal Policy Cncl. Frances Brymer Conf. Rm. A John Crawford, Assm. Rep. John Crawford, Chairman Cook Inlet Aquaculture Assn David Carey, Vice Chair Brentley Keene, Assm. Rep. Marie Walli Phil Nash Data Processing Steering Cm Pat O'Connell Mark Hodgins, Assm. Rep. Betty Glick Kenai Caucus Betty Glick, Assm. Rep. LOCAL AFFAIRS/LEGISLATIVE 4:00 P.M. Frances Brymer Conf. Rm. B Kenai Peninsula College ad. David Carey, Assm. Rep. J.m Skogstad, Chairman Frank Mullen, Vice Chair Economic Development Dist. Al Poindexter Mark Hodgins, Sam McLane, Pat O'Connell Assembly Reps. Betty Glick Karen McGahan Assembly/Planning Cmsn. Task Force Jim Skogstad Jack Brown PUBLIC WORKS/EDUCATION 5:00 P.M. Phil Nash Frances Brymer Conf. Rm. B Sam McLane, Chairman Sharon Moock, Vice Chair Karen McGahan Jack Brown Jim Skogstad Mark Hodgins Brent Keene The public: is invited to attend and address committee meet- ings. Petitions received by the Clerk's Office will not be dupli- cated in the packet, but. will be available in the Clerk's Office during regular office hours or at the Clerk's desk during As- sembly Meetings, for review. i__,V F O - b KENAI PENINSULA BOROUGH ECONOMIC DEVELOPMENT DISTRICT, INC. Board of Directors Meeting March 23, 1989 * 2:00 p.m. * 110 Willow St., Kenai A. Chairman's Openinq Comments & Introduction of Guests B. Approval of Minutes from February 18, 1989 C. Approval of Agenda D. Correspondence E. Reports 1. Chairman 2. Treasurer 3. Board of Directors 4. Executive Director & Staff F. Guest Presentation: Bob Poe G. Calendar of Upcoming Events H. Public Comments I. Standing Committees: Reports/Recommendations J. Business 1. Resolution 89-3, on FY90 Budget -Request from Borough 2. Resolution 89-4, on FY90 Budget -Request from EDA 3. Resolution 89-5, supporting Seward for Homeporting (available at meeting) 4. Governor's Small Business Conference K. Board Members and Staff Comments L. Date & Time for Next Meeting and Adjournment (There will be Executive Committee meetings on Monday the 20th and Wednesday the 22nd at noon on both days at the EDD office for the purpose of finalizing the EDD Budget for FY 1990. Deadlines are approaching for submission of the Budget/Work Programs - All Directors are invited to sit in on these meetings.) zN,�o-7 TO DO LIST MARCH 15, 1989 KENAI CITY COUNCIL 1. J. Ruotsala - Letter of non -objection to ABC re\Rainbow Bar. 2. Jim Bookey Request for Lease, Gusty S/D: K. Howard - Review with FAA, will both pieces of land have to be appraised, can we transfer? C. Monfor - Review with Visitors & Convention Bd. K. McGillivray - Review with Rec. Comm. 3. J. Ruotsala - Schedule Budget Work Session, 4-12-89, 7:00 PM, Library. 4. K. Kornelis - Contact DOT&PF re\sweeping streets and painting stripes early in summer. jr CiV FO Od CONINII.-NITY DEVI-A.OJINIFNIT FORUM .......... .. .. .: ... ..... ....... .... . . A Public Discussion of Current -Future Issues, Needs & Policies Dar Mayor ad Cowd Members: Honorable Mayor Ctly, Of Dad 210 Fgalgo Kok, Aluka. 99611 March 12, 1989 Iem pb" w I lis 1 ni to Onmm=N3 Dewelopmw Foram Pwgr= for )oars mvbvand coxvidention. Please accept this mmoo" krrilello L in almd &CDF ft*=kwdwwyw=n%*m sad vmkftp. The CDF ftV= to &wtwd to 11form w the ftwd ad =w*N I 1w*4 awy, =d twolvemw of r Ill im ad mTgwkm*w in a P, allynx effort of r, mmmmAo evabWonad mods ammo The propose of CDF Pwpm is to eymomtaga and faciritala to exchange Of men, information and expertise k4iftab surd migaids afir yho engaged in or annf gjW Vft P. numnij) dMjopment in it's bMadgat UM. JU CDF Program is OW ID tKUMMIS ad r 10912112 ROO Id dedicated 10 to impmovemenot Of the quality of We In C=Zdy, P=JY ftDUgh WOhMU dfM, 40 Cft= WK1110MOnt PMPKM for POW Polty Dewebpmutt is being widertha as 0, PM demomat Iffic n PMJW tWolwft citisena and comommafr bellied oquAwim lomW in the Mommka I mill L1, and Kand Peakoft Bosov&. Progress tUWWOM and workshop pm eeMAM of the Comm* Development Foram Pmgm are wbedi*d for M=h Ift, Mwh Mth, Ard ft ad AW 15ft lym 110 4 pm, at the Wwft - CoMmood Creek Mall - Commmity Service Room #2. May I suggest aWw Apt ft or 151h as possible pwaMidon dates. Also ewk=dfsthe Comm=ftYForam M*ftg -Booklet The 1CDF PwgnmInvitation and C4bndaand other Cmmality Development Forum Booklets uplain vmioas to pbases and compomw of Obis etba kwohvmw Qpwach ID Mouity evaluation and needs assessmuL The Mwh and ApEa CDF vo*sbop ps emadow Wob a AM video pmfted by to Coopeatm MmTA= Service, F ntdo 4: "Economic Deveklipment for Rural Rev Nblillon, - fililoved by & moss bdept wfkv of the CDF Pmgmi and Calendar, a sbort moderators' exemse uft the Commmuly Formn Meeting - CWA WoMook, a discussion of bov monagy based oqumww con a (Mon group) Cmmmy Foram MenW and puwVw m the CDF Program evelms scheduled m the months to follow. For rAdftk=l information you, or your staff, can contact me by caftg 376-9273 or 276-2433. it Co "Jim kmnett CDF Program C-0011111SIOr The Community Development Forum - P. O. Box 872542 Wasilla, Alaska 99687 A Citizen Involvement Program - Public Policy Development - Pilot Demonstration Project A Public Discussion of Current -Future Issues, Needs and Policies l COMMUNITY POSE '% j f Public Opinion Survey Entries & Essays Community Development Services r�7 ................ DEVELOPMENT _ .._.. U R 1, M COMMUNITY Public Discussion of Current -Future Issues, Needs and Policies I for organizing and conducting a small group i meeting in your home, office, school, and at other business or community locations Community De%elopment 5eniccs =NFO- 9 CITY OF „0d Ca,-dai 4 ,pia„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEIES AND COMMISSIONS NAME �14-5 r/), 77, t-L 6cy'6'4k Resident of City of Kenai?_ How long? Mailing Address (Z , E Ac Tel. zg3-2y,6 Bus. Address P(D 6c�x 7 a Tel. zFs3``� L/1 D Presently employed by_i �1')G:T_ . Ne— fi1e45krq Job Title A- S5 i`14 F- r-k^T— � �'�G�o 1' o--C Name of Spouse N ;'�4c"/ J , LL_)` Current membership in organizations: Kema*% C�OMiDdS+!€ 7c7cc,oddON �C����` Past organizational membership: Committees interested in: 0, CaNdMi35)'6 F WMf' W-man in Z IV - 10 7AFA C Signature 1791-1991 CITY OF I(R. _- "Od eaP4�ai 4 4�a� 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907.283-3014 MEMORANDUM TO: William J. Brighton, City Manager FROM: veith Kornelis, P.W. Director DATE: March 27, 1989 FOR: City Council Meeting of April 5, 1989 (INFO) SUBJECT: Alaska Department of Labor - OSHA Inspection As I mentioned to you and the Council of the City of Kenai, the State of 'Alaska, Dept. of Labor, Division of Labor Standards and Occupational Safety and Health Section (OSHA) performed an inspection on the public works buildings on or around January 26, 1989. The state inspector, was very pleased at the few items that he had to list for citations in each of the buildings. Most of the items were easily corrected and have been corrected with the exception of the personnel door which is required in our vehicle maintenance shop and warm storage building no. 1. The Public Works Department received a proposal from Kenai Steel Structures and from Superstructures for furnishing and installing these personnel doors. In the Council packet you will see �i purchase order to Kenai Steel Structures (who gave us the lowest: price) for $2,400.00 for furnishing and installing the two personnel doors. With the completion of this work all items on the citation will be corrected. Alaska Department of Labor Division of _abor Standards and Safety Occupational Safety arc ilea to Sect Pc'ich 7.022 Anchorage AK 3952 Citation and Notificat on of Pe^a!tv _ . oial:on(s) descr:oed rn th s tt;Dn are a':eged tc nave oc- curred on or aeout the oav the Viola inspection was made unless othen�pse ndicated :vtthin the :escr,otton oven below 3. Issuance Date 1 4. Inspect on Number 02/27/ 9 103681904 5. Reporting ID 6. CO ID 1050210 08666 7. Optional Report No 6. Page No. 494-89 �, 3 10.inspection Dateis) Other I 01 1 1/26/89 - 1/26/89 ^,scect cn S fe 332 Airport Way 9. To Kenai . AK 9961 1 Kenai. City of Vehicle Maintenance "1°89 and its successors , '� 210 Fidalgo St. Received Kenai, AK 99611 City of Kenai hblic Works Gevt W I THE LAW REQUIRES that a copy of this Citation be posted immediate) in a prominent lace at or ne G Y P location of the Nolation(s) � cited below. The Citation must remain posted until the violations cited below have been corrected, or tog, 3QRtftltitiiVWS (excluding weekends and State holidays) whichever is longer This Citation describes violations of the AS 18-60 The penaltv(ies) listed below are based on these violations. You must correct the viola- i tions referred to in this Citation by the date listed below and oav the penalties or000sed, unless witnin 15 working days (excluding , weekends and State nondays) from your receipt of this Citation you mad a notice of contest to the Alaska Department of Labor Office at I the address shown above. (See the enclosed booklet winch outlines your responsibnities and courses of action and should be read in con- i )unction with this form.) Pe,.arties Are Due Within 15 Working Days of Receipt of This Notification Unless Contested (;ee E-^;down E ookler 'r s Sec!o �a-y ee E etacriee E`efore Posting 12. Item Number 15. Date by Which 116. Penalty ' 13. Standard, Regulation or 14. D2SC riGtiO "1 Violation Must I Section of the Act Violated Be Abated I 1 03/14/89 U. OBIS 02.315(e): Arrangement of exits. When more than one exit is required from a story, at least two of the exits shall be remote from each other and so arranged as to minimize any possibility that both may be blocked by any one fire or other emergency condition. For example: The vehicle maintenance shop and the warm storage building number one both need a remote exit door in the north end of the buildings. I � I 17. C ief Lac�� Last Pg NOTICE TO EMPLOYEES — The law gives an empl a or EMPLOYER DISCRIMINATION UNLAWFUL — The law pro- I Total representative the opportunity to object to any a ement hibits discrimination by an employer against an employee for Penalty date set for a violation if he believes the date to be filing a complaint or for exercising any rights under this for This unreasonable. The contest must be mailed to the Alaska Law. An employee who believes that he has been -Cr '_ Department of Labor Office at the address shown above discriminated against may file a complaint no later than 30 Make; 'o a. , within 15 working days (excluding weekends and State days after the discrimination with the Alaska Department of v• blia to: holidaysi of the receipt by the employer of this citation and Labor Office at the address shown above. p�t•-csas penalty. indicateInspection Number EMPLOYER RESPONSIBILITIES AND COURSES OF ACTION — The enclosed booklet outlines employer responsibilities and i Rsimitt„,ce courses of action and should be read in conjunction with this notification. CITATION AND NOTIFICATION nC oFNAI TV ORIGINAL , ,s„ 1791- CITY OF KtNAI „0�1 (2apila1 4 4ia „ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 March 24, 1989 State of Alaska Dept. of Transportation 44149 Sterling Hwy. Soldotna., AK 99+669 Attention .Bob Boyd Subject: Street Sweeping and Road Striping Dear Mr.. Boyd: The Council of the City of Kenai has requested that I contact you concerning two items. 1. What is the Dot/PF schedule for sweeping state maintained .streets within the city limits of Kenai? As you recall, last year the state had some equipment problems with their sweepers sbortly after cleaning the state maintained streets in Soldotna_ Because of the equipment problems the City of Kenai's state maintained streets were not able to be swept until late into the summer. The City of Kenai is requesting that you schedule the street sweeping clean up program on the state maintained streets within the City of Kenai as soon as possible 2. The Department of Transportation has been kind enough to paint the road stripes on our few city roads that require them at the same time'th<At they are painting the state maintained roads within the City of Kenai. The City of Kenai is requesting the state's help again this year in painting the road stripes. The city would also be happy to pay for the paint used on our streets. Pacie 2 Break up and it's associated problems renovation is rapidly approaching. If the assistance to 1rour department please feel Sincerely, Keith Kornelis Public Works Director KK/kv cc: City Council ;lark Johanson, Street Foreman including clean up and City of Kenai can be of free to contact me. _ - r—"`-`—' KENAI PENINSULA BOROUGH - II Borough Clerk--"-,,-..-' �ai. '; r i REGULAR ASSEMBLY MEETING t APRIL 4, 1989; 7.30 P M. Kenai Peninsula Bor _ 1 a _ -. _ uvRVV�a i1 MUI"I l I+.�J y �i 144 N. Binkie r1..rt�uo3 - ' z , � !1 7 � 4 I � � : SOLDOTNA, ALASKA l!i`-�) Soidotna. Alaska 99669 1 +J 7 ^ -- - J - A G E N D A �\ �• t ' `• A. CALL TO ORDER E� PLEDGE OF ALLEGIANCE • C. INVOCATION: Rev, S. C. Churchill, United Pentecostal Church . Janet Ruotsala, Clerk DROLL CALL City of Kenai E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS 210 Fidalgo Street F. APPROVAL OF MINUTES: March 21, 1989 Kenai, AK 99611 G. COMMITTEE REPORTS (a) Finance (Chm. Crawford, V. chm. Carey, Glick, O'Connell, Nash, Walli) (b) Local Affairs/Legis. (Chm. Skogstad, V. Chm. Mullen, Glick, McGahan, O'Connell, Poindexter) (c) Public works/Ed. (Chm. McLane, v. Chm. Moock, Brown, Hodgins, McGahan, Sko(gstad, Keene) H. REPORTS OF COMMISSIONS AND COUNCILS I. MOTIONS TO RECONSIDER J. AGENDA APPROVAL AND CONSENT AGENDA (a) Vacation of entire 20 ft. utility easement cen- tered on lot line common to Lots 6 and 6, Block 1, Stariski Park Subdivision 1980 Addition (b) vacation of a ten Loot utility easement within and adjacent to westerly boundary of Lot -A, and a twenty foot north -South utility easement within Lot B-A, Leisure Lake SuDd., Lau Addition K. ORDINANCE HEARINGS (a) Ord,, s4.16 "Prohibiting the Conduct of Games of Chance and Conte4t6 of skill by Operators and Limiting the Conduct of Such Act vibes Within the Kenai Peninsula Borough to a Person Holding a Permit finder A.$, 5.15.100" (Brown/Nash) (b) QZd,_&AL_U 'Amending KPB Chapter 20:20 Regarding Subdivision Design Requirements by Enactment of a New Section 20,20,03% Providing Access Re- qulrements for Proposed 9uadivi+Jion of Land Iso- lated by the Alaska Railroad Right-of-way From the State Highway System" (Mayor) PSTPND to 4/4 L. INTRODUCTION OF ORDINANCES (a) Ord. s0=1s "ACCepting and Appropristzng an Addi- tional $4,000 in Coastal Manngam.ent grant Funds and Reappropriating Existing Coastal Management Grant Funds- (Mayor) (b) Ord, 89-20 "Amending the KPH Code of Ordinances to Permit Semi -Annual Filing for Certain Low Volume Businesses" (Nash) N _oNSi!�ERATiON OF RESOLUTIONS (aj g_Q,q. 89-30 "Selecting an Insurance Brokerage Firm for the Bcrni.ch and Srhnn) Distr.. iMayor T (b) Res. 89-32 "Requesting the Naming of a Nikiski Bridge "Clint Starnes Memorial Bridge" (Brown) ( ) Res. 89-33 'In S.:pport of the Modific^ati_., of the Economic Limitation Factor by the State of Alaska" (Mullen, Skogstad) (d) Res. 89-34 "Opposing Legislation Raising Taxes on the Sale of Gasoline" (Carey) (e) Res. 89-35 "Declaring the Assembly of the Kenai Peninsula Borough Improperly Apportioned" (Carey) (f) Res. 89-36 "Approving an Agreement with the City of Soldotna to Develop and Produce Maps on the Borough's Geographic Information System" (Mayor) (g) Res. 89-37 "Requesting the US Army Corps of En- gineers to Conduct Studies for the Feasibility of Developing Navagation Improvements at Anchor Point" (Mayor) (h) Res. 89-3$ "Providing for the Transfer of Routine Maintenance of School Facilities from the Borough to the School District- (Mayor) PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) (a) Ord. 89-5 "Amending Kenai Peninsula Borough Or- dinance 81-47 Which Adopted Municipal Powers Necessary to Provide Ports and Harbors, Wharves, and Other Marine Facilities in the Borough Out- side Cities, to Remove Restrictions on Expendi- tures and Hiring- (Hudgins/McGahan/McLane/Brown/ Glick) POSTPONED TO 6/6/89 (t,) urd. 89-17 "Amending Kenai Peninsula Borough Code Section 21.01.025 to Allow Cities to Make Minor Amendments to City Comprehensive Plans" (Mayor, Reg. Planning Commission) HEAR 4/18/89 c) Ord. 89-18 "Appropriating $350,000 from the Un- designated Fund Balance of the South Peninsula Hr,spital Service Area Fund Balance" (Mayor, Reg. SPHSA Board) HEAR 4/18/89 :? Ord. 88-27(Revised) "Amending KPB Titie 21 to Add a New Chapter 200 Pertaininy to the Butial, Dumping, Transporting, Storage, Incineration, or Other Disposal of Potentially Harmful, Toxic or Hazardous Waste Materials, and Amending KPB 10.10 Pertaining to the Waste Disposal Commis- sion" (Nash) Referred to Plan. Cmsn./Ass. T.F. (e) Res. 89-22 "Aurhori:'ing the Transfer of Unex- pended Minor Capital Project Funds from Various Minor Capital Projects in the Amount of $ 2 3 3 , 8 5 9 . 6 9 to an Account for the KCHS ,La:r.:atar.d Bleacher Project" (Mayor) TABLED 3/7 F01RMAL PRESF,NTATIONS WTTH PRIOR NnTTrTZ TTPnN STTa.:TErTS NOT ON THE MEETING A(--F.N-)A P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Q. MAYOR'S REPORT R. OTHER BUSINESS S. ASSEMBLY AND MAYOR'S COMMENTS T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT (4/18/89) 3ENAI PENINSULA BOROUGH ASSEMBLY COMMITTEES, APRIL 4, 1989 STANDING COMMITTEES: FINANCE 5:00 P.M. France's Brymer Conf. Rm. A Jonn Crawford, Chairman David Carey, Vice Chair Marie Walli Phil Nash Pat O'Connell Betty Glick LGCAL AFFAIRS/LEGISLATIVE 3:00 P.M. Frances Brymer Cont. Pm. B Jim Skogstad; Chairman Frank Muller., Vice Chair Al Poindexter Pat O'Connell Betty Glick Karen McGahan PUBLIC WORKS/EDUCATION Frances Brymer Conf. Rm. B Sam McLane, Chairman Sharon Moock, Vice Chair Karen McGahan Jack Brown Jim Skogstad Mark Hodgins Brent Keene TEMPORARY OR OTHER: Alaska Coastal Policy Cncl. John Crawford, Assm. Rep. Cook Inlet Aquaculture Assn Brentley Keene, Assm. Rep. Data Processing Steering Cm Mark Hodgins, Assm. Rep. Kenai Caucus Betty Glick, Assm. Rep. Kenai Peninsula College Bd. David Carey, Assm. Rep, Economic Development Dist. Mark Hodgins, Sam McLane, Assembly Reps. Assembly/Planning Cmsn. Task Force Jim Skogstad Jack Brown 5:00 P.M. Phil Nash The public is invited to attend and address committee meet- ings. Petitions received by the Clerk's Office will not be dupll- ated is the packet, but will be available in the Clerk's Office during regular office hours or at the Clerk's desk during As- sembly Meetings, for review. �5 -y 144 N. BINKLE:Y • SOLDOTNA. ALASKA 99669 j PHONE (907) 262-4441 DON GILMAN MAYOR March 24, 1989 Alcoholic Beverage Control. Board Attn: Betty Calhoon 550 W. 7th Ave. Anchorage, AK 99501 RE: 1989 Liquor License Renewal Protest: KENAI MERIT INN. CORP. - KENAI Dear Ms. Calhoon: The Kenai Peninsula Borough hereby notifies the Alcoholic Beverage Control Board of its protest to the 1989 liquor license renewal for Kenai Merit Inn, Corp. This protest is for the reason of the following tax liability arising wholly out of the operation of the licensed business: Kenai Merit Inn, Corp. Real Property Taxes on Parcel #060-120-16. Balance due in the amount of $1,868.20. (1988 taxes) Interest calculated to 4/15/89. Personal Property Taxes Account #58457. Balance due in the amount of $941.63. Interest calculated to 4/15/89. Sales Tax Accounts #13968. Balance due in the amount of $4,019.57. (Interest updated to 4/15/89) This protest is made pursuant to a policy established by KPB Ordinance 85-75 (Alternate) to protest license applications if the applicant is not current in his tax obligations to the Borough and pursuant to statute allowing protest for unpaid taxes arising out of the operation of the licensed premises. Page 2 The applicant is being advised of this protest by copy of this letter. The applicant may contact the Borough Delinquent Accounts Office, Linda Barclay at (907)262-4441 ext. 229, in order to bring the above noted tax accounts current by payment in the form of CASH, CASHIER'S CHECK, OR MONEY ORDER. The Borough will then withdraw any protest for delinquent taxes. If the applicant wishes to have a hearing before the Assembly regarding this protest, he should contact the Borough Clerk to be placed on the agenda. Sincerely, L(/ J Linda Barclay Delinquent Accounts cc: Kenai Merit Inn, Corp., Michael J. Rosenburg, Pres. 1317 W. Northern Lights Blvd., Suite 205, Anchorage, AK 99503 j,Jtnet Ruotsala, Kenai City Clerk, 210 Fidalgo, Kenai, AK 99611 U. S. Bankruptcy Court APPLICATION AND� CERTIFICATE FOR PAYMENT A/A r 0CIIAIFNIT G70? Iln0,,jetioej,; -)n re, c side, r,E 4L)NI (P IIA(A I i(_AV,,,'ER): C1tV of V.andl I ROtit (CONTRACTOR) G & S Constr I' MUM IN ti o tl,lii' \ PROJECT: �, _� T APPLICATION NO: i h i rpol t 1 erirli nal Remodel PFRIOI) T(l•3-?-��-u,:� N , A (ARCHITECT): I f, - ARCHITECT'S li 11 i am Kluge /'r____. PROJECT NO: CONTRACT FOR: Pena i Ai rnort rZi na 1 Remo .l't n�" CONTRACTOR'S APPLICATIQN FOR PAYMENT CHANGE ORDER SUMMARY Change Orders approved in ADDITIONS � DEDUCTIONS previous months by Owner TOTAL -- - -1 Approved this Month Number Date Approved 8tia2- -Z_ _ 2- TOTALS Net change by Change Orders w y ie, y Z 2Q T he undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment ha-, been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. 1 _ CONTRACTOR: G & S ConstrU ction Daniel Green owner By CONTRACT DATE: 12-14-88 Distribution to: D OWNER ARCHITECT U CONTRACTOR 0 Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. 1. ORIGINAL CONTRACT SUM ....................... 4 697 , 700.00 t� 2. Net change by Change Orders ...................... 5 `�-"- ti1Z ✓/ 3. CONTRACT SUM TO DATE (Line 1 - 2) ........... S _ )�A l\Z 4. TOTAL COMPLETED & STORED TO DATE ............ S � o? Z`t; ion U4;L 1/ (Column G on G703) 5. RETAINAGE: a. � O % of Completed Work 5 SD 'Col..__ wlwnn D + E on G703) �J b. ^ % of Stored Material 5 �� (Column F on G703) Total Retainage it �b 00 Total in Column I of G703) ..................... 6. TOTAL EARNED LESS RETAINAGE ................. (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR w PAYMENT (Line 6 from prior Certificate)......... $ 8. CURRENT PAYMENT DUE ..................I -I- - 1 .'.. $ T 9. BALANCE TO FINISH, PLUS RETAINAGE ............. (Line 3 less Line 6) ) " State of: County of: Subscribed and sworn to before me this day of Notary Public: ___ e Date: 1 `�`T My Commission expires: ( 1pq '�6 Or f % 0. 0 o CTw ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on -site observations and the data comprising the above application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. ,19 AMOUNT CERTIFIED........ ...... $ bO. 1�Q (Attach explanation if amount certified differs from the amount applied for.) ARCHITECT: Wi 11 i am K1 uge By: �' 1- - Date: T - This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only Contractor named herein. Issuance, payment and acceptance of payment are v pitjudice to any rights of the L;wner or Cuntractur under this Contract. 0 Ali, DOCUMENT G702 • APPLICATION AND CERTIFICATE FOR PAYMENT • MAY 1081 EDITION • AIA. • C 1981 THE A., IRICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, U.C. 211111M, G71 CITY OF KENH FOR COUNCIL I NFORWITI ON Transfers of Funds under MOOD €I-:IIAC 7.25.020) Date Depart-ent Amount From To Explanation 3/17/89 Recreation $600.00 Repairs & Maint. Machinery/Equip. New washing machine 3/21/89 Communications 50.00 Repairs & Maint. Advertising Advertising for position vacancies 3/27/89 Legal Department 475.05 R & M Supplies Advertising Larger amount of advertising required 3/27/89 Sewer Treatment Plant 750.00 Contingency Operating Supp. Purchase of polymer - -�:► r - �L MEMO To City of Kenai 210 Fidalgo Kenai, Alaska 99611 Attn: Janet Ruotsala Frcr.; Parents United, Inc.<, 800 A Street Suite 100 Anchorage, Alaska 99501 Date: March 28, 1989 Attacreo; P ease firo up dated nctificatior. of Full -tat act -vity locations recently establishEd. KENAI Pull Tab Activity LARRYS D & L BAR 12656 Kenai Spur Rd., Kenai 99611 2839935 (DeWayne) THE PLACE XOTEL & BAR Mile 18 North Rd., Box 1037, Kenai 99611, 283-9915 (John Young) CP,SINO B.kR 'Main Street, Box 857, Kenai 99611 243-1485 (Red McKenzie) BISHOP CREEK Route 1 Box 990, Kenai 99611, 776-8216 (Earl Robins) BLUE GROUSE P.O. Box 4054, Kenai 99611, 283-4281 (Richard Cooper) OLD TIME GROCERY t#4 Borth Road Spur Hwy., Kenai 99611 243-4795 (Larry Compton) FORELANDS BAR Mile 20 Kenai Spur Hwy., Kenai 99635 776-9907 (Ron Kiel) LA4 LOTTERY ALASKA ;larch 14, 1'1'59 —' City of Kenai r 210 Fidalgo Kenai, Alaska 99611 C.. Dear City Clc'r):: .. 1 / �I� + '-"! ✓, 0 — v f, LGTTERY ALASKA, 111C. is an AlasAan based corporation formed in 1988 to generate revenues for statewide charitable organizations, and to demon- strate the 7'.iability of a modern, secure lottery operation. The basis from which this enterprise will operate is authorized by state and federal statutes and utilizes an established precedent of private lottery operation within Alaska. Beginning :larch 11, 1989, we are operating permits on the behalf of � '.uscular Dystrophy Association, The Boys and Girls Club of Alaska, and Special Olympics Alaska, inc. through our first game, "Match 3." Proceeds from the sale of tickets are distributed towards prizes, operating ex- penses and directly to t:ie charities involved. As your community ordinance currently has a sales tax in force, we would like to know if fundraising activities for charities are exempt. If they are not exempt, would you please forward mae a copy of your Sales Tax Ordinance and information on procedures for requesting a waiver that would exempt sales of these tickets from tax. This would reduce our operating costs, thereby enabling Lottery Alaska to distribute more funds directly to the charitable organizations. If you have any questions of would like further information, please call me at 300-478-5088. Very truly yours, 1 Robert D. Thomas President RDT:mh Lottery Alaska, Incorporated • 733 West 4th Avenue, Suite 400 • Anchorage, Alaska 99501 907-272-4010 • 1-800-478-LOTT • FAX 907-272-7122 DATE: March 8, 1989 TO: Ms. Janet Ruotsala, Clerk, City of Kenai FROM: Alaska Coalition to Prevent Shoplifting RE: Notification of Pull Tab Locations To whom it may concern: Attached is an updated notification of pull tab activities in your area. There may have been additions and/or deletions since the last notification. Also attached is the present permit and/or license for the calendar year 1989. This is our continuing effort to keep you informed of our fund raising efforts in your locale. It is our intent to work with you. As any other changes occurr, we will give notification. ,Slrrge r e ly , ohn B lomf i 0p r Alaska.Coalition to Prevent Shoplifting 800 A Street Suite 100 Anchorage, Alaska 99501 Attachment JB/elr ALASKA COALITION TO PREVENT SHOPLIFTING KENAI Pull Tab Activity KATMAI HOTEL 10800 Kenai Spur Hwy., Kenai 99611 283-6101 (Jim Singree) EADIES Box 85, Kenai 99611 283-3089 (Ethel Henerson) OLD TIME GROCERY # 4 North Road Spur Hwy., Kenai 99611 243-4795 (Larry Compton) Alaska Depailmeni of Revenue 1J F� income and Excise Audit Division J°eauau.A Alaska M114" AUTHORIZED GAMES OF CHANCE AND SKILL PERMIT This certifies that the municipality or qualified organization named PERMIT NUMBER PERMIT YEAH DATE ISSUED below has applied and paid the fee lot a permit to conduct games of 89-0091 19ny 1 / 13/89 chance and skill during all or part of the period from January 1 LOCATION OF ACTIVITIES through December 31 of the permit year. Games shall be conducted Various locations yl.atewide. 1n accordance with AS 05.15 and 15 AAC 105. ALASb:A COALITION TO PREVL14T SHOPLIFTING P. 0. Box 213049 Anchorage, AK 99521-3649 This peimil must be posted In a conspicuous place at the location of the autho- ►lied activities. w q7I Inar. dsel Alaska Depalimeni of Revenue Incoino anti Excise Audit Division PO Box SA Juneau, Alaska 99811-0400 AUTHORIZED Bingo Raffles b Lotteries Pull -tabs THIS PERMIT 18 NOT TRANSFERABLE OR ASSIGNABLE Paul Dick ISSUED BY Games of Chance And Contests of Skill OPERATOR LICENSE This certilies that the licensee named below has applied and paid the fee for a If to conduct gaming activities on behalf of a municipality or qualified organization during all or part of the period from January 1 through December 31 of the license year. Games shall be conducted in accordance with AS 05.15 and 15 AAC 105. John Blomfield Fund Raising Concepts 1525 N Street Anchorage, AK 99501 This license must be posted in a conspicuous place at The location of the autho. died activities, LICENSE NUMBER LICENSE ri Ali OL89-0002 1989 PHYSICAL ADDRESS OF PREMISES 1525 N Street Anchorage, Alaska Pull -tabs DAI I ISSUED 1/11/89 THIS LICENSE IS NOT TRANSFERABLE OR ASSIGNABLE Paul Dick SUED By Cr r u CITY OF H OI�CITY HALL TELEPHONE (907)235-8121 491 EAST PIONEER AVENUE HOMER, AK 99603-7624 TELECOPIER (907) 235-3140 24 March 1989 LADIES & GENTLEMEN: fk "HOMER" IS HAVING A Z*5 BIRTHDAY CELEBRATION. THE ATTACHED SCHEDULE OF EVENTS WILL HOPEFULLY TITILLATE YOUR SENSES FOR A BIRTHDAY PARTY. Sinc 25th tw irperson <Tentative Schedule> SILVER ANNIVERSARY AGENDA/CONTACTS Friday -• March 31, 1989 ADULT DANCE - Bidarki - 9 p.m. TEEN DANCE - Elks Club - 8 to 11 p.m. BIRTHDAY PARTY/HISTORIC EXHIBIT OPENING/TIME CAPSULE - Museum 5 - 7 p.m. HOMER'S HOME GROWN/High School Theatre - 7:30 p.m. Saturday - April 1, 1989 KWAV CLASSIC CAR PARADE - 11 a.m. Jr. High Parking Lot COUNTRY FAIRE 11 a.m. to 5 p.m. Eagle Quality Center Parking Lot - IJr. High if raining) Scentsational Booth - 10 a.m. to 6 p.m. Free Halibut Chowder - 12 to 2 p.m Proctor's Alyeska Trip Drawing - 4 p.m. Classic Coke at Classic 5 cent prices Three Legged Races, Egg Toss, Pony Rides Popcorn, Cotton Candy, Hotdogs Pie and Cake Auction And Much, Much More! ARTS & CRAFTS FAIR •• Eagle Quality Center Mall 10 a.m. to 6 p.m. SURVIVAL SUIT RACE - Homer Harbor - 1 p.m. PUBLIC DINNER - Elks Club - 6 to 10 p.m. FIREWORKS - Bishop's Beach - 9:30 p.m. MONTE CARLO - Elks Club - 9 p.m. DARTS TOURNAMENT - Local Establishments HOMER'S HOME GROWN/High School Theatre - 7:30 p.m. Sunday - April 2, 1989 CRIBBAGE AND PINOCHLE TOURNAMENT - American Legion "SHOWING OF SAILS" - Homer Harbor- 1 p.m. COAST GUARD/SEDGE - Open House - 2 to 5 p.m. CELEBRATION OF HERITAGE - Christian Community Church 6:30 p.m. •hS Wm. J Nelson CX Associates 215 FIOALGO, SUITE 204 March 28, 1989 Keith Kornelis City of Kenai 210 Fidalgo Kenai, Alaska 99611 Re: Kenai Float Plane Facility Kenai Boating Facility Old Town St. Improvements Dear Mr. Kornelis, KENAI, ALASKA 99611 r n R� CO cJ �+ O ofavNC-1 -9t/6-! e c0: STRUCTUF My contracts for the above projects are nearly complete. These contracts require that I maintain $500,000.00 worth of professional liability insurance for their duration. Since these projects are nearly complete, I request that you allow me to reduce the amount of the professional liability coverage to $100,000.00. Since th:. Boating Facility has been complete for over a year and the Float Plane Facility is nearly complete, I feel that the risk to the City is minimal. Similarly, Old Town is not scheduled to be built this year, so it should not present a significant risk. I do not anticipate revenues during the upcoming year that could justify the $25,512.00 premium that would be: required to maintain a $500,000.00 E&O policy. By maintaining a $100,000.00 policy on the other hand, I will have the option to increase the limits to $500,000.00 in the future. S_ncc:rely, 'W'M, J. NELSON & ASSOCIATES /Aml. J. Nelson, PE 'Ii iN� �•]ly'e xl�a1:R+. r la s E A +rr �'a ;{?,]i�E '.,us. a I .r+��si�iri' LAdu � Z7 !V F7 0 DOORS / WINDOWS UNLIMITED, INC. 34824 K-BEACH ROAD, SUITE C • SOLOOTNA, ALASKA 99669 • PHONE: 907-262-9151 • FAX 907-262-6433 April 5, 1989 TO: KLUGE AND ASSOCIATES MAYOR JOHN WTT,T.TAMS0 CITY OF KENAI KENAI CITY COUNCIL KEITH KORNELIS RE: KENAI AIRPORT TERMINAL BUILDING RENOVATION As of this date I have not received a response from any of the above named parties involved in the airport renovation project; regarding the use of unspecified, uncalculated storefront and glazing systems,per my letter of January 27th. It would be to the owner's advantage to address this situation as soon as possible. If the contractor is proceeding with the purchase of unspecified material, lacking the necessary engineering and certified calculations of proposed system, you may face a severe liability at some future date. I would suggest that all discrepancies in specifications regarding product use,and the calculations of all attachments,be addressed at this early stage of construction, to avoid potential litigation. Waiting your reply! Dan Furlong, -Vic r urlong,Vicr Pre dent DOORS/WINDOWS UNLIMITED, NC. DF:cmf Attachments DOORS / WINDOWS UNLIMITED, INC. 3AS24 K-BEACH ROAD, SU!TE C • SOUXrrNA, ALASKA 99669 • PHONE: 907-262-9151 . FAX 907-262-6433 n / w � iV January 27, 1989 KLUGE AND ASSOCIATES 130 Trading Bay, Suite 330 Kenai, Alaska 99611 Re: Kenai Airport Terminal Building Renovation Attn: Mr. Bill Kluge Dear Bill, As you are aware, our firm along with Kawneer Aluminum Co. worked closely with Carmen Gintoli as well as with you on the design of the new Barrell Vault and Sloped Glazing Systems for the above referenced Project. Kawneer Company and their engineers worked many hours designing and calculating wind and live loads for the requirements of this most technical glazing project. Kawneer materials and systems were detailed and specified for this project and were bid by several subcontractors. We are now quite concerned that the General Contractor has decided to use a subcontractor from Anchorage with an extremely low bid using an apparently non -specified product. There are several items the owners should be concerned with, the most important of which is using a non -tested, non -calculated and unspecified system. They will be accepting the responsibility and liability of such an unproved design. As a local subcontractor, we are additionally concerned that our low bid using the specified products may not be used on this job, even though the specifications clearly state that there will be no substitution of products after the award of the contract, (article 9 E-L) and if there were going to be substitutions allowed after the award of the contract there should have been an addendum to that effect allowing all bidders the equal opportunity to bid. Hopefully to avoid a legal protest you as the project manager and architect will require that Kawneer materials are furnished and installed in accordance with the specifications. If our firm or Kawneer's engineering departments can be of any assistance regarding product use or calculations for this project, January 27, 1989 To: KLUGE AND ASSOCIATES please let me know. Sincerely yours, Dan Furlong DOORS/WINDOWS UNLIMITED, INC. CC: Kenai City Council Mayor Williams Keith Kornelis Page 2 ARTICLE 9 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 9.1 CONFLICT W:TH GENERAL 9.1.1 This Article supplements the Instructions to Bidders, AIA Document A701, May 19;8 Edition, and if in conflict, supersedes the conflicting item. 9.2 P=-VV1S Pc�occs�T�AT=ONS (REFERENCE _NST7. J.."'-^*'S Tvr= �..:..:S . AR TTCLz 2 ) 9.2.1 Failure of compliance with Article 2 of Instructions to Bidders will not relieve bidders of responsibility for estimating properly or the difficulty or cost of successfully performing the work. 9.3 PID._�1G '30^•,tr►�.T++S 3) 9.3.1 The deposit referred to for Bidding Documents shall be a nonrefundable fee as stated in the Advertisement for Bid. 9.4 AND MZT1HCDS TO B' S , 3 ) 9.4.1 Materials and methods to be bid under 'LUMP SUM BASE BID' shall include ONLY materials and methods which are included in the original Contract Documents and addenda thereto. If item has been specified by means of a standard specification (government, industry, etc.,) or a performance specification, any manufacturer may be bid which can perform to these specifications. If an item is specified by a trade name and/or by a manufacturer's name only the listed name or names may be bid. If more than one trade name or manufacturer's name has been listed, any of the listed names may be bid subject to any particular conditions for substitution of materials which ap;--y equally to any item specified either in the written Contract Documents or on the Contract Drawings. 9.4.2 When required by the Specifications and provided on the Bid Form, the Contractor shall bid alternate materials, methods, or scope. 9.4.3 Generally NO SUBSTITUTES will be made after the award of the Contract. Substitution will be considered only if, after award of the Contract, the Contractor submits proof in writing that a material which was specified and bid, or accepted by an Alternate Proposal, has since become unavailable for incorporation into this project. Substitution shall be considered a change in the Work and can only be authorized by a written Change Order. E-1 E� 7.3 3 SZ=.C7N 01340 PAS 1 G�E.4AL 1.01 DFSCZ2IPTION A. Work Included: SUB1IT"' nr DIVISION 1 GENERAL REQUIREMENTS SECTION 01340 SUBMITTALS PAGE 1 OF 8 1. Throughout the? Contract Documents, the minimum acceptable quality of workmanship and products has been defined either by performance criteria, manufacturer's name and catalog number, or reference to recognized industry standards. 2. To ensure that the specified products are furnished and installed in accordance with the design intent, proce-ures have been established for advance submittal of product data and for it's review and approval or rejection by the Owner's Representative. B. Contractural Requirements for Submittals: Refer to General Conditions and Supplementary Conditions of the Contract. C. Related Reauiremerts Specified Elsewhere: 1. S=.-,,ary of work: Section 01010 2. Shop drawings, produce data & samples: Section 01360 3. Subs�itutions & product options: Section 01600 1.02 SMMI"-w_ALS A. Timina: After award of the Contract, and in a timely manner before any of the materials or products, specified or required, for this project have been procured, submit to the Owner's Representative for review and evaluation the following product data according to the specific requirements of each technical section of these specifications: 1. Materials List: A complete list of all material and equipment proposed for incorporation into this project, stating the identity, physical, structural, and other salient properties and qualities of the product. Such list will be reviewed from the standpoint of design, quality, and performance only. 28 DIVISION 8 DOORS & WINDOWS SECTION 08400 ENTRANCE/WINDOWWALL PAGE 3 OF 6 PART 2 P_RMUCTS 2.01 DESIGN Design is based upon the "Tri-Fab 450 & 451 Framing Systems" with', "350 Medium Stile" doors, and�c--' -= _ 2''rTrbject-4n.�riru:aw�' clear anodized aluminum as manufactured by the Rawneer Company The specified product and the Drawings reflect the desired configurations and the manufacturer's recommended installation methods. Comparable products will be considered upon submittal in accordance with Section 01340. A. Aluminum Extrusions: Extrusions shall be 6062-1-5 alloy. Fasteners, where exposed, shall be aluminum, stainless steel or zinc plated steel in accordance with ASTM A 164-71. Perimeter anchors shall be aluminum or steel, providing the steel is properly insulated from the aluminum. Mullion configurations shall allow for pockets at the inside glazing face to receive fixed resilient elastomeric glazing spline. Where indicated mullions and horizontals shall have flexible (PVC) thermal break material loca_ed on exterior side of glass pane. Exterior glaring seal shall be synthetic polymer tape applied to main arid me.,=ers. Provisions shall be made at all sealed horizontals to lead moisture accumulation to exterior. B. Finish: All exposed framing surfaces shall be free of scratches and other serious blemishes. Aluminum molding shall be given a caustic etch followed by an anodic oxide treatment to obtain an Architectural Mass iI clear anodic coating conforming to Aluminum Association Standard AA-LX12 C22 A31. C. Fabrication: The framing system shall provide for a flush glazing appearance, with no projecting stops. D. Weatherstripping: Provide manufacturer's standard nonferrous spring metal, or vinyl gasket, designed for permanently resilient sealing under bumper or wiper action completely concealed when window sash is closed. 177 PROPOSED OPERATING BUDGET REDUCTIONS (amount shown in thousands) Agency Component/Description GOVERNOR Delete Governor's Wasilla and Delete Governor's Retchikan Office: Closes two offices. 4 will remain in service - Juneau, Anchorage, Fairbanks and Washington, D.C. Eliminates 2 positions and leases for both offices. Alaska Land Use Council: Delete. Eliminates function that will terminate 12/90 unless extended by Congress. Eliminates Alaska's participation in Land Use Council Advisors and related funds. 2 staff positions will be deleted. Human Rights Commission: Reduce. Reduce Commission activities related to civil rights. Remaining staff and funds will focus on serving complainants with greatest need, i.e., physically and mentally disturbed, those needing housing assistance, etc. Cases will be referred to Seattle EEOC office whenever possible. Intent language needed to refer cases to Seattle EEO and set out priorities for remaining staff. Equal Employment Opportunity: Reduces the Office of EEO and eliminates 9 positions. The Affirmative Action Plan, monitoring and training functions will move to DOA, Division of Personnel. Employment discrimination complaints will move to Human Rights Commission or Seattle EEO Office. 2 Positions will be retained as will limited travel Reduction Amount 121.0 109.7 440.0 500.0 dbr39/wp50/04-04-89 1 K funds for the Governor's EEO Advisory Council. The Council will serve in an advisory capacity to the Division of Personnel. Remaining staff will monitor compliance of federal regulations in all agencies. Governmental Coordination: Reduce 455.0 Reduction of Coastal Management Program activity will result in federal match requirements being assumed by affected agencies and elimination of 2 positions. Reduction of the Permit Coordination Program (250.0) will increase review time for permits and eliminate 5 to 7 positions. Reduction in the ANILCA component (125.0) will place greater responsibilities on departments to implement in- depth reviews of conservation system unit plans and other ANILCA related activities. Eliminate 2.25 positions. ADMINISTRATION RATNET: Delete 2,037.5 Discontinue statewide TV service to 246 communities. For approx. 130 communities this is the only TV received. Also will discontinue the carriage of public ratio station KSKA-FM to several rural locations, the AIRRES reader service for blind people in Anchorage, and the statewide Emergency Broadcast System which provides notification of emergencies and disaster warnings. Eliminates 6 positions in Anchorage and the RATNET Council (travel/per diem). ,May need statutory change. Public Defender: Reduce 353.4 Close Sitka Office, eliminating 2 positions (120.7). Deny FY90 increment for Barrow attorney (87.4) leaving Barrow office at dbr39/wp50/04-04-89 2 M same staff level as LAW's office there. Deny FY90 increment for an attorney and paralegal and eliminate a legal secretary in Anchorage (145.3). Leasing: Reduction 874.5 Denies FY90 increments for leases. Closure of some offices could result in lease savings. Alaska Public Offices Commission: 109.5 Reduces activity related to timely reporting, compliance assistance and enforcement of the 3 disclosure laws administered by APOC: Campaign disclosure, conflict of interest, and regulation of lobbying. Statutory changes required to eliminate any APOC functions. LAN Consumer Protection: 328.3 Elimination of the Consumer Protection Division - egregious cases would have to be absorbed by the Civil Division. Statutory changes required. Prosecution: 441.5 Closure of both the Sitka and Dillingham offices resulting in limited services as a result of temporary assignments. Elimination of the only position devoted to "White Collar Crime". Legal Services: 610.4 The State would continue to be reactive,, spending more time defending the State against private plaintiffs and less time affirmatively asserting the State's rights. REVENUE Commissioner's Office: 351.7 Delete Research Section. 5 positions will be eliminated. 1 position will remain to dbr39/wp50/04-04-89 3 coordinate revenue projections for non -petroleum areas and the Oil & Gas Audit Division will assume responsibility for petroleum -related projections. Alaska Science & Technology 334.3 Foundation: Fund change. Funds from the Foundation's $6,000.0 capital appropriation for grants will be used to fund staff costs and council activities. EDUCATION Instructional Technology Support: 261.9 Eliminates distance delivery of educational courses and materials support. Transfer of remaining $117.3 to Basic Education and Instructional Improvement for student assessment. Professional Teaching Practices: 143.5 The primary role of the Prof. Teaching Practices is investigation of alleged misconduct by members of the teaching profession. Repeal the statute, and give responsibility to the local elected school board. Needs statutory change. Alaska State Museums: 600.0 Reduce museum operations and rewrite specific functions mandated under statute. Services provided in this reduction can be provided by local schools, volunteers and community effort. Needs statutory change. Executive Administration: 29.1 Eliminate membership in Education Commission of States. Needs statutory change. Alaska Postsecondary Commission: 284.7 Elimination of the Postsecondary Commission which provides for policy coordination for the dbr39/wp50/04-04-89 4 efficient: use of Alaska's financial. resources in providing postsecondary educational services., Needs statutory change. HEALTH Family and Youth Services: 117.6 AND Family Services adult SOCIAL oroteri.at�_nroaram. Delete 3 PCNs SERVICES in Anchorage and 1 PCN in Fairbanks. (Would require corresponding reduction in Purchase Services for Adult Protection of $372.1) Needs statutory change. Youth Services: 1,084.4 Provide detention services only in Bethel and Nome. Bethel delete 8 PCNs and Nome delete 4 PCNs. Public Health: 506.0 Eliminate general fund from AIDS program. Remaining federal money allows state to continue epidemiology, counseling and treatment activities at lesser level of effort. vital Statistics: 457.9 Reduce general fund and replace with new general fund/program receipts generated by fee increases. Needs fee increase. Health Grants: 415.0 Delete General Health Service grants. Eliminates certain dental, cancer screening and other special programs not generally available statewide. Health Grants: 570.0 Delete rural health clinics leasing support, Indian health service budget increases replace general fund for some clinics. dbr39/wp50/04-04-89 LABOR Occupational Medicine: Delete program and budget. Use DHSS epidemiology and DEC professional staff when necessary. Worker's Compensation: Reduce program due to reduction in caseload as a result of legislative reform. Occupational Safety: Reduce logging increment by 50%. Potential federal funding to replace general fund. COMMERCE Merge Division of Tourism and AND Business Development: Retains at ECONOMIC least $1,500.0 for international DEVELOPMENT tourism and independent traveler promotions. Retains minimal response capabilities for providing information to corporations in business activities in Alaska and coordination with University economic development and business assistance programs. Requires repeal of some economic developmental statutes. Alaska Tourism Marketing Council: Retains $1,500.0 in general fund program receipts to continue national tourism promotions. Industry could generate additional fees to increase the budget. MILITARY Veteran's Affairs: Reduce AND Reduction in Veteran's Affairs VETERANS will result in eliminating AFFAIRS Veteran's newsletter and one position. Alaska National Guard: Eliminate increment to provide janitorial service. Military personnel will continue to provide services. 121.5 126.2 42.7 2,817.8 6,461.1 100.0 100.0 dbr39/wp50/04-04-89 6 I NATURAL Recorder's Office: 325.0 RESOURCES This reduction will result in the closures of recorders' offices in Kodiak, Homer, Nome, Bethel, ena , Palmer, Sitka and Ketchikan. Responsibility for the work performed in these offices will be transferred to the remaining offices in Juneau, Anchorage and Fairbanks. Commissions: 159.2 This reduction will result in the termination of the Citizens Advisory Council on Federal Areas which provides a forum for monitoring federal land management proposals and resolving land management conflicts. Needs statutory change. Fire Suppression: 3,500.0 This change will require a major reduction in the scope of fire suppression efforts on state land, only those fires which directly reaten i e an prop rty wi a oug t. Geological Management: 52.9 Eliminates funding for completion of a geothermal resource appraisal. Specific products which will not be completed include publication of a geothermal resource map for the Alaska Peninsula area, a report on the Makushin geothermal resource area, and completion of data for a southcentral geothermal resource map. Parks & Recreation Management: 77.4 Eliminates funding for the Alaska Historical Commission and for fundamental archeological research aimed at salvaging information from sites threatened by erosion, vandalism, and looting. dbr39/wp50/04-04-89 7 I Parks Management: This change replaces $200.0 in general funds with $200.0 in general fund/program receipt authority. Parks personnel will assess the potential for park fee increases to generate this additional revenue. Needs fee ,increase. Agricultural Management: This changes eliminates general fund support for administration of the state's agricultural management programs. Agricultural Revolving Loan Fund receipts will be used to support necessary activities as the state's involvement in agriculture management is phased out. FISH Administrative Services: AND Shifts support for the fish and GAME game licensing program from the general fund to the fish and game fund for the sale of sport licenses and general fund/program receipts for the sale of commercial crew licenses. PUBLIC SAFETY Search and Rescue: Disaster declaration would be declared for major efforts. Alaska State Tr-Qpers• Coverage would no longer be provided in organized municipalities with police powers. Needs statutory change. Motor Vehicles: Maintains field offices in An horage, Juneau and Fairbanks,. Academy: Maintains the current level of operations necessary to provide in-house, VPSO, Municipal, and 200.0 936.8 872.7 250.0 1,500.0 850.0 520.5 dbr39/wp50/04-04-89 N other requested training. Also, provides sufficient funding for an abbreviated trooper academy in FY90. TRANSPORTATION Highways and Aviation: 1,400.0 AND Elimination of the FY90 increments PUBLIC for new responsibilities and SEF FACILITIES rental rate increases. Results in general statewide reduction of service. Deletion of all snow and ice efforts for category III routes. Deletion of 60% of the maintenance costs on Category III routes, allows a four -month transitionary period. Reducing hours of operation at certified rural airports. Reduce maintenance and operation of rural. airports, without fee increase. Proposal to increase land rent fees to offset reduction. Needs fee increase. Dalton Highway: This proposal would charge a fee for use of the Dalton Highway between the Yukon River and the northern terminus at Deadhorse to re -coup the current annual cost of maintenance. Needs fee increase. Marine Highways: One of the two feeder vessels, the M/V Columbia, and the M/V Chilkat would be tied up under contract with a shipyard. No AMHS employees would be on board. 2,500.0 1,700.0 1,000.0 2,200.0 4,440.0 4,100.0 dbr39/wp50/04-04-89 E ENVIRONMENTAL Subdivision Plan Review: CONSERVATION Eliminate state responsibility for review of subdivision plans for sewage and industrial waste disposal systems. The plan review function could be delegated to local governments, as it has been to the Municipality of Anchorage, but this action would require a change to state law. Drinking Water Program: Return the state drinking water program to the federal government. State compliance in this program is currently the lowest in the nation and increased federal requirements mandated by congress would continue to put a strain on the State Ia budget. EPA would, most probably, rely heavily on enforcement actions rather than DEC's preference for technical assistance and plan reviews. The state would also lose $737.5 in federal funds. This action would require a change to state law. COMMUNITY Combine JTPA Training & Energy AND field offices with minimum Local REGIONAL Government Assistance Program. AFFAIRS This will result in a closure of many of the departments field offices. Severe curtailment will be made to JTPA services in rural areas, the Rural Economic Development Initiative (REDI), the Financial Outreach services to Enhance Recovery (Foster) program and to many services now provided to local governments. This proposal could require some statutory changes. 649.9 468.8 11500.0 dbr39/wp50/04-04-89 10 CORRECTIONS Statewide Programs: 2,132.1 This component provides a variety of rehabilitation programs to inmates. The general reductions are applied to: A. Delete funding for Maniilaq Association Spirit Camp, a program for Native inmates. (430.0) B. Delete funding for Tundra Center Halfway House in Bethel. (475.0) C. Sex offender treatment programs statewide. Fund source is switched from general fund to Permanent Fund Dividend Fund (913.1). D. Clitheroe Center alcohol treatment program in Anchorage. General Funds of 264.0 are replaced with 160.0 from the Permanent Fund Dividend Fund. E. Delete funding for library services ($50.0). UNIVERSITY Reduce the University general 15,925.6 budget by 10 percent. A reduction of this magnitude would probably compel the Board of Regents to consider program deletion and closure of certain campuses, including those in close proximity to the three main campuses. Precedent set by case law requires Universities to declare Financial Exigency prior to the closure or termination of campuses and programs„ dbr39/wp50/04-04-89 11 LEGISLATURE Reduce by 10 percent. COURT SYSTEM Reduce by 10 percent. HEALTH BENEFITS Eliminate FY90 Base adjustment for increased health insurance costs for all state government except University. Results in additional 2.5% vacancy assessment if no savings are realized in cost of health care. 3,109.3 4,118.7 15,000.0 dbr39/wp50/04-04-89 12 PROPOSED OPERATING BUDGET REDUCTIONS (amount shown in thousands) AGENCY TOTALS Governor 1,625.7 Administration 3,374.9 Law 1,380.2 Revenue 686.0 Education 1,319.2 Health and Social Services 3,150.9 Labor 290.4 Commerce and Economic Development 9,278.9 Military and Veterans Affairs 200.0 Natural Resources 5251.3 ---____--I Fish and Game 872.7 Public Safety 3,120.5 Transportation and Public Facilities 17,340.0 Environmental Conservation 1,118.7 Comunity and Regional Affairs 1,500.0 Corrections 2,132.1 University 15,925.6 Alaska Court System 4,118.7 Legislature 3,109.3 Health Benefits 15,000.0 TOTAL 90,795.1 dbr39/wp50/04-04-89 13 4/4/89 �v..�1VIV CV SI AT _190 MILLION OPER1►Trnrj U EVEL F OM THE 1!Y90 GOV PROPOSED_BUDGET PROGRAM AGENCY FY 90 GOV PROPOSED REDUCTION COMMENTS ------ ----__ LEVEL, TOTAL ------------------------- Lon ev' ------------------ 9 ity Bonus Admin-----------------State---------- o 56,076.0 50,000.0 - 6,076.0 States ability to funs Elect & Phone Fisheries Formula Program Pupil Trans School Debt Sery Commun Schools Adult Basic Ed AK St Coun Arts Kotzebue Tech Ct Sp Cultrual Proj Pass Through Power Cost Equal Revenue 1,900.0 Revenue 12,200.7 Education 447,758.9 Education 25,121.7 Education 104,024.2 Education 800.0 Education 1,768.8 Education 1,297.8 Education 950.0 Education 248.0 HESS C & ED Homeowners Prop Tax C & RA Renters Rebate C & RA Child Care (Mun GF) C & RA Head Start Grants C & RA Revenue Sharing C & RA Municipal Assist C & RA 1,140.0 7,320.2 425, 371.. 0 20,097.4 99,600.0 400.0 1,680.4 525.0 878.8 223.2 216,405.9 205,375.0 18,005.2 14,404.2 2,557.9 2,557..9 445.6 445.6 13,034.2 12,382.5 4,027.4 3,825.0 40,773.4 32,618.8 �6,U84;4 44,867.E 1,003,480.1 918,512.6 - 760.0 701 State & 30$ Local - 4,880.5 70t State & 30t Local -22,387.9 -5% GF Reduction - 5,024.3 80t of Full Funding - 4,424.2 80% of total - 400.0 -50t GF Reduction - 88.4 -51 GF Reduction 772.8 Reg 1-1 Fed Match Only 71.2 7.51 GF Reduction - 24.8 -10% GF Reduction -11,030.9 -5$ GF Reduction - 3,601.0 -20% Reduction 0 0% Reduction 0 0t Reduction - 651.7 -51 GF Reduction - 201.4 -51 GF Reduction - 8,154.6 -20% Reduction -11.2 -20% Reduction -79,766.5 4/4/89 MISCELLANEOUS PASS _THROUG"" CONGIDERAT10:'s PROGRAM AGENCY FY90 GOV PROPOSED REDUCTION COMMENTS ---------------------------------------------------------------------------------------------------- LEVEL TOTAL Ret & Benefits Admin 1,448.0 1,448.0 0 E P O R S Admin 803.1 803.1 0 Mun Grants Admin 168.8 156.1 - 12.7 -7.5% reduction Tuition Students Education 14,609.0 13,878.5 - 730.5 -5.0% reduction Bding Home Grants Education 450.0 200.0 - 250.0 over requested Youth in Detention Education 1,307.7 800.0 - 507.7 reduction Sc For Handicapped Education 3,101.5 2,772.5 - 329.0 disallow increment Special & Supp Ser Education 182.4 182.4 0 not pass through Basic Ed/Ins Imp Education 1,354.6 1,286.9 - 67.7 -5% reduction Ed Spec Projects Education 404.1 383.9 - 20.0 -5% reduction Aniak Voc Ed Sch Education 206.0 0 - 206.0 add. Voc Ed for 1 dist only Voc Reh Ser/Clients Education 1,637.3 1,555.5 - 81.8 -5% reduction Voc Reh Ind Living Education 689.9 655.4 - 34.5 -5% reduction Voc Reh Sp Fac Education 96.0 91.2 - 4.8 -5% reduction Voc Reh Ser/D & B Education 311.0 295.5 - 15.5 -5% reduction Mt Edge Ins Prog Education 375.0 0 - 375.0 deny incre for Sci/Math camp Mt Edge Resid Prog Education 1,885.7 1,558.0 - 327.7 hold at FY89 level WICHE Education 1,259.9 1,234.9 - 25.0 disallow increment WAMI Education 884.4 0 - 884.4 not continue WAMI in Ed Workers Comp Labor 2,944.7 2,944.7 0 Fish Enh Tax Recpts Commerce 6,431.4 6,431.4 0 Self Imp Tax Burial Allowance M & VA 270.0 270.0 0 Nat Gd Benefits M & VA 991.0 743.5 - 247.5 -25% Disaster Relief M & VA 5,000.0 5,000.0 0 Grants DNR 46.8 43.3 - 3.5 -7.5% (continued next page) PROGRAM AGENCY FY90 GOV PROPOSED REDUCTION COMMENTS LEVEL TOTAL Fire ser-Train.•-~-_`PS 382.4 --____-F----__________- 382.4 0 - 300.0 small 4 person unit FY90 increment denial V P S O Viol Sex Asst PS PS 4,806.8 5,698.9 4,506.8 5t248.9 - 450.0 FY90 increment denial Dom Civil Air Patrol PS 420.0 420.0 0 0 unchanged for 89 already has 39.4 decre (89) Rural Troop Housing PS 521.4 521.4 0 * - 403.1 is this coming from PF ck off Viol Crime Comp Bd PS 403.1 Traffic Sig Mgm DOT/PF 1,126.0 900.8 - 225.2 Uehling ck DOT on this Pass Through ** C & RA 4,823.8 4,462.0 - 361.8 -7.5% reduction Retire Inc Grants ALL 900.1 900.1 0 0 0% reduction Debt Service AGENCIES 132,492.6 132,492.6 - 5,863.4 Agencies Without Any GF Pass Throughs Univ of Alaska (159,051.1 FY90 Gov All Funds) TOTAL PAGE 1 REDUCTIONS 79,766.5 Courts ( 41,187.5 FY90 Gov All Funds) TOTAL PAGE 2&3 REDUCTIONS 5,863.4 Legislature ( 31,182.1 FY90 Gov All Funds) ADDITIONAL SCHOOL DEBT 10,000.0 Gov Office ( 15,842.0 FY90 Gov All Funds) TOTAL REDUCTIONS 95,629.9 Law ( 32,591.6 FY90 Gov All Funds) Fish & Game ( 48,871.1 FY90 Gov All Funds) DEC ( 18,620.6 FY90 Gov All Funds) Corrections ( 96,551.7 FY90 Gov All Funds) * - - The GF part of this will be funded by taking an appropriate amount from PF dividend money currently designated for corrections. This will enable funding the monetary PSEA agreement in DPS detachment & Judicial services. ** Does not include: Does include: Organ Grants 125.0 Gov Training Prog 150.0 Workers Adj Assist 50.0 Rural Dev Grants 1,753.0 Statewide Assist 682.6 Office of Com 826.5 Designated Grants 1,361.2 4/4j89 SUMMARY BY AGENCY OF RECOMMENDED REDUCTIONS AGENCY FY90 GOV PROPOSED REDUCTION % REDUCTION ------------------------------------------------------------------------------------------ Administration 58,495.9 52,407.2 - 6,088.7 10.4t Revenue 14,100.7 8,460.2 - 5,640.5 40.0% Education 610,723.9 573,670.5 - 37,053.4 6.1% HESS 216,405.9 205,375.0 - 11,030.9 5.01 Comm & Ec Develop 24,436.6 20,835.6 - 3,601.0 14.7% Comm & Reg Affairs 121,746.7 101,159.4 - 20,587.3 16.9% Labor 2,944.7 2,944.7 0 0 M & VA 6,261.0 6,013.5 - 247.5 4.0% DNR 46.8 43.3 - 3.5 7.5$ Pub Safety 12,232.6 11,079.5 - 1,153.1 9.4% DOT/PF 1,126.0 900.8 ---------- - 225.2 -------- 20.0$ ----- TOTALS: ---------- 1,068,520.8 982,889.7 - 85,631.1 8.0% TO DO LIST April 5, 1989 KENAI CITY COUNCIL 1. T. Rogers - Check with City in�urance rep. re/airport terminal concession coverage wring reconstruction. 2. B. Brighton - Letter to Kenai River Special Management Bd. re/lower 5 miles of river, bring draft to 4-12 work session. 3. B. Brighton - Prepare lution re/Elephant Lake Cultural/Recreational ect Fork -0,v-a A. J. Ruotsala - Prepare session for 4-12-89. J. Ruotsala - Prepare,/teleconference for 4-19-89. 6. K. Kornelis - Check If O'Brien Ct. road has been accepted by City. 7. H. Hackney - Chec]�/trailer and school bus parked across from Mortuary on Spur Hwy. 8. B. Brighton - Prepare resolution re/support of using Borough funds for KCHS stadium. 9. K. Kornelis - 'Check on name change from Camai Circle to Lantern Way. 10. K. Kornelis,- Report at 4-19-89 meeting re/Lantern Way assessment,proposal for paving. 11. B. Eldri44e - Contact Harbor Comm. members re/Kenai River Special Management Bd. meeting, 4-17-89. j r n / v i"