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1989-06-21 Council Packet
Kenai City Council Meeting Packet June 21, 1989 6. Recreation Commission 7. Planning & Zoning Commission a �� —8. Misc. Commissions/Committees E. MINUTES 1. *Regular Meeting, June 7, 1989 F. RRESP}ONDENC C,�,..t �(� v .ems G. OLD � S' INESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified Requisitions Exceeding $1,000 3. *Ordinance 1326-89 - Increasing Rev/Appns - Willow St. Extension - $105,000 4. Discussion - Senior Citizen Center Rental Agreement 5. Discussion - Section 36, Parcel D - Inclusion of Partial Release Clause 6. Approval - Comm/Comm Secretary Bid 7. Discussion - RFP's - Airport Terminal Concessions 8. Discussion - Reprint of City Brochure 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 �py- C AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 21, 1989 - 7:00 PM WORK SESSION: 6:00 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. C B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Dan Roberts - Baron Pk. S/D Purchase (Pizza Hut) �Q --2. Paul Weller - Paving of Lawton 'Drive o- Twl� C:A-:es pa,e.woI C. PUBLIC HEARINGS al_vl�1. Ordinance 1324-89 - Amending Kenai Municipal Code Title 23 - Personnel Officer 2. Ordinance 1325-89 - Increasing Rev/Appns - Senior. Citizen Center Parking Lot - $1-5,000 3. Resolution 89-47 - Award Contract - Paving Susieana Lane and Senior Citizen Center Parking Lot - Harley's Trucking - $48,077 4. Resolution 89-48 - Transfer of Funds - Boiler Room Repairs, Public Safety Bldg. - $2,170.40 D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission C INFORMATION ITEMS JUNE 21, 1989 1. Ports Alaska Report - Oil Spill Response 2. Resource Development Council - June 28 Meeting 3. Memo, Public Works Director Kornelis - Airport Terminal Renovation, Carpet Removal 4. Kenai Peninsula Non -Profit Assoc. - Comments re/New Gaming Regulations and Meetings 5. TO DO List - 6-7-89 6. AML - School Construction Debt Reimbursement 7. Kenai Chamber of Commerce Newsletter - June 1989 8. Soldotna Chamber of Commerce Newsletter - June 1989 9. Library Report - May 1989 10. Alaska Families United, Parents United - Notice of Pull Tab Locations 11. Kenai Borough Minutes - 5-16-89 12. Kenai Borough Minutes - 5-2-89 13. Transfer of Funds Under $1,000 - June 1989 14. Anchorage Times - Report on Lobbyists 15. Billing - Airport Improvements - Overlay, Taxiway A&B - Harley's Trucking - $239,383.21 16. Billing - Boating Facility Addition to Parking/Staging Area - Foster Const. - $57,168.96 17. Billing - Linwood, Candlelight, Kaknu, Lawton, Baker, Kiana - Quality Asphalt Paving - $42,587.59 18. Letter of Thanks - Kenai Arts & Humanities Council 19. U.S. Dept. of Interior - Kenai Fish & Wildlife Hdgtrs. Site - Not in CIRI Selection Pool 20. Kenai Borough Agenda - 6-20-89 21. Wince, Corthell, Bryson - Progress Report - Airport Drainage Study jr �K COUNCIL MEETING OF /-dr' COUNCIL MEETING OF omb-z KENAI AIRPORT COMMISSION June 15, 1989 - 7:00 P.M. City Hall Council Chawbers Chairman Bob Summers Presiding 1. ROLL CALL Present: Summers, Ames, Dean, Knopper Absent: Shackleton, Toppa Also Present: Airport Manager Randy Ernst, Councilwoman Marj O'Reilly, Secretary Janet Loper 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD Mr. Tom Sumey: I own a float plane parked at the basin in the designated slip for the Civil Air Patrol. One of the issues they've been trying to clear up is the size of the fuel tank that I can have at the basin. I talked to the Airport Manager and he indicated that the proposal at this point is 500 gallons. I obtained, at no cost to Civil Air Patrol or the Department of Public Safety, a 1,000 gallon tank and a stand. I had the tank cleaned and I have it ready to install. Some positive sides to having a 1,000 gallon tank versus a 500 gallon tank is that you usually get a break from the vendor at 500 and again at 1,000 gallons. Civil Air Patrol, being a nonprofit group, we buy fuel as cheap as we can to keep the search aircraft going. We don't use it for fishing or hunting or that type of activity. As far as a commercial operator is concerned, perhaps the size of the tank is something that needs to be considered, but the amount kept at 1,000 gallons, i.e., a commercial operator, operating a Dehavilland Beaver or a Dehavilland Otter, perhaps we should look at two 1,000 gallon tanks. For a private non-commercial lot a single 1,000 gallon tank. As far as spillage is concerned, I think perhaps an inspection of the tank by public works, the airport manager, or his designee would be in order and that the tank be installed above ground because of the recent DEC regs that they have out on buried tanks. A positive on/off valve with a padlock installed on the outlet drain of the tank. So you'd have the tank, a pipe coming out of the tank, a positive on/off valve with a padlock, and then your KENAI AIRPORT COMMISSION June 15, 1989 Page 2 fuel hose. So if you did have a leak it would be a minimal amount of fuel, just what would be in the hose, rather than the whole tank. So I'm throwing it out for consideration. Commissioner Knopper: What kind of plane do you have? Answer Citabria. Commissioner Knopper: What is the fuel capacity. Mr. Sumey: Good point. The fuel capacity of a Citabria isn't much, its 39 gallons and burns 10 gallons an hour. Mr. Sumey: What we did with the Civil Air Patrol slip is we said we'll put a search airplane in there. We have a Dehavilland Beaver on floats assigned to the Kenai Squadron. The fuel capacity on that aircraft is two 35 gallon tanks in the belly, plus 25 gallon tank in the belly so that's 95 gallons. And then 42 gallons in the tip tanks or 137 gallons total fuel. It burns about 20 gallons per hour on the top end. On an extended search we quite often run through 1,000 gallons of fuel in three or four days. Commissioner Knopper: Do you have a tank at your other facility. Mr. Sumey: We have a 500 gallon tank at Longmere Lake which is where the Beaver is parked. One of the reasons it's out there is that fuel readily available there. We're always running out of gas right in the middle of a mission, so 500 gallons doesn't cut it for that airplane. Commissioner Knopper: Do you have another tank at the airport. Mr. Sumey: I have a 1,000 gallon tank at the hangar. That's the reason we went to 1,000 gallons. The Beaver we've got isn't on amphibious floats so we can't taxi over and fuel up at the CAP hangar. Mr. Sumey: So that's my question. Randy told me that the size came from discussions that he had had and that was what presently was in the regulations for the size tank. I looked at the Commission notes here, at the changes, and on #11 on page 3 it mentions leaving the tanks and buildings as is. But the original set of regulations I had for the airport just said that you could have a fuel tank but the size and the restrictions on the tank would be determined by the City Airport Manager's office. So what I'm seeing is that there's nothing in writing that says the size tank. And it is something that should be addressed. Airport Manager Ernst: You're correct, there isn't. And when we got the draft of the regulations out, we got them out kind of quickly so that we would have something to give to people when they come to the basin. There was not a size determination of the tank, we had bantered about either 300 or 500 gallons and that was the maximum amount we talked about. Hopefully, we'll decide tonight the size of tanks and the type of rack we'll allow and the type of valve. If you remember we really hadn't had any definite direction that way and the same way with the size of the building. We had talked about a size of building but we didn't talk about the structure. As far as the size of tank, I think its 46" in diameter by 6' long for the 500 gallons. KENAI AIRPORT COMMISSION June 15, 1989 Page 3 To address Mr. Sumey's question, I don't see it as unfeasible to let the commercial operators have 1,000 gallon tank. Eventually, they'll be required to move them. The CAP presents a particular problem because they're not really a commercial operation. We may we want to put them over on the commercial side after they are built this summer. Temporarily they are all going to be on the east side of the parking area. I have no problem for the commercial people at 1,000 and leaving it a 500 gallons for private so they can get that first break. Chairman Summers: That would mean initially everyone on one side would be at 500 and when they move over to the permanent facilities they would have 1,000 gallon tank. Airport Manager Ernst: At this point we don't have a commercial area so I don't have any problem with allowing them to have 1,000 gallon tanks on this side, but with the stipulation that they would have to be moved to the other area. Commissioner Ames: I don't see why there should be any question as to whether there's a 500, 1,000, or 300 whether its privately owned or commercial. Not all airplanes are the same size whether privately owned or not. If I was flying a Beaver of my own I'd want a 1,000 gallon tank. I don't see any need for all these things being the same, I object to that and find it inherently wrong. Commissioner Dean: Is this going to be on a support structure. Mr. Sumey: No, I'm afraid it would fall down if we did that. 1,000 gallons is pretty heavy. You get 6#/gallon with 6,000 pounds of fuel and the tank weighs about 250 pounds. I've got it in a wooden cradle. I'd think public safety wise it might be something you would want to consider, to require some type of a very sturdy stand underneath. With a small rack, you get a little bit of ground settling, some soft ground during the spring time, add some kids out there skipping rocks and you get a tank that might crush one of them, and we'd have a problem. Mr. Sumey: Just for your information, I've worked the pond quite a bit with my Citabria, a Beaver, and a Cessna 185 in flat, no wind conditions, 20 knot headwinds, and 15 knot direct headwinds, and it's an excellent facility. I'm not a super experienced float plane pilot but it's a nice facility. I did notice one thing, I wasn't real happy with the rescue boat for the pond and I did acquire, for the City, a 16' aluminum, semi V river boat and a motor that was seized on a Fish & Wildlife case. The Kenai Fire Department is going to take that boat and motor and make some arrangements to take it over to the pond. They're probably just going to leave it there and carry the motor over when they need it. KENAI AIRPORT COMMISSION June 15, 1989 Page 4 4. APPROVAL OF MINUTES of May 18, 1989 Airport Manager Ernst: A comment about the minutes, not having been at that meeting, and reading these minutes, it left a lot to be desired, especially when it came to the corrections to the float plane regulations. I, being directly involved was trying to decipher how to put down in the regulations what the recommendations were, it was about impossible. Chairman Summers: As a matter of fact, I was going to mention this as we get into Old Business. Everybody will notice that we have a staff member here. We have been having some real problems with minutes being taken previously. Not only with the accuracy and fidelity and the wishes of this Commission but also getting information transmitted to the Council in a form that made sense to them and reflected what we were trying to do. We had a meeting with the Mayor, the Airport Manager, Janet, and myself on Monday and I requested some support from the administrative staff to help us streamline this a little bit so that we can forestall this in the future and I think it was a very productive meting, the Mayor was supportive, Randy was supportive, and Janet also. Hopefully, when we come up with -whatever decision we come up with they'll get transmitted to the City Council in a timely fashion and one that will make some sense. Airport Manager Ernst: I would just like to comment too that because they were the way they were, I had to go ahead and make some decisions and I don't want the Commission to feel like we're overriding them, but I had to do something to get these things going. So if there are some modifications to be made to the regulations we can go into them in quite a bit of detail later one. Chairman Summers: I appreciate you submitting these and carrying forward. We found ourselves in an uncomfortable position. We had worked 5 hours and I think accomplished quite a bit and somehow we never did get a document together that reflected all that energy. And more importantly, nothing that we could take to the City Council. And I think that was a problem that we didn't want to continue with. And in fact we won't be. I would like the Council to keep this in mind when they consider the new contract for secretarial services. Councilwoman O'Reilly: This is a topic that has been mentioned by Council over a period of time, not necessarily directed at one secretarial service but for a number of different reason and have been unhappy with the timeliness of things. Chairman Summers: It doesn't service the Council or the Commission when we get all this input from the community and spend all this time putting it together and it doesn't get to the Council. I do want to say that the response of the Mayor and administrative staff has been great. I think it will work out just fine. KENAI AIRPORT COMMISSION June 15, 1989 Page 5 MOTION: Commissioner Knopper moved to accept the minutes, seconded by Commissioner Dean VOTE: Motion passed by unanimous consent 5. OLD BUSINESS Review Decision of Council: a. Float Plane Basin Regulations Chairman Summers indicated that the Commission would be going over these step by step. 1) Keep in mind that when the float plane basin was put together, the intent was that the transition between the basin and the rest of the airport was never intended to be, my understanding at least, anywhere near the discussion at the last few meetings. In fact, I guess the issue is that it was supposed to be secured from the airport but not secured within the airport which appears to be the attitude that was developed at the time. 2) the second issue is to address the tanks and the buildings. Location and Size: No discussion. Aircraft Size: Airport Manager Ernst: That determination was made with the largest aircraft that the facility could handle which is an Otter. The slips are built on 50' center so that you could put two Otters side by side and it would still work. Tiedown Slip Request Airport Manager Ernst: This is where the renovation of the regulations came about and I tried to incorporate - realizing that you were probably trying to figure out a way that we can get a dual purpose situation going and it seemed the only way to do it feasibly at this point was to set aside 29 slips at the long term parking area that we have already. There are 6 slips that are for transient parking at this point. These 29 slips are for those people who want to have dual occupancy so to speak. This would allow them to make the transition from floats to wheels. This would be on the south end of the airport. As I outlined it, the FAA's objection is to the use of the limited access taxiway on a regular basis or having it open, or having a key card gate, or whatever at the onset of the project. It was at the insistence of the City that we put it there to accommodate the transition people. KENAI AIRPORT COMMISSION June 15, 1989 Page 6 Keeping that in mind and trying to accommodate wheeled aircraft on a gravel pad that wasn't designed to accommodate aircraft, fuel tanks, buildings, and vehicular traffic at the same time, having aircraft taxiing around didn't seem like a good idea. Council agreed with that and their recommendation is in my Manager's Report and states that they approved the basin for only floats and ski operations, adopted the original float plane basin regulations, and directed the Airport Manager to make available 29 slips at the long term parking. Cost and Billing: This allows those at the basin who want to, to stay there year round at a private rate of $360 a year plus tax and $480 for commercial. To bring them back to be at the basin from mid May to mid October roughly. Then when they want to transition they can go to the long term tiedown area. We were charging $40/month there so I took $40/month times 12 months and made that the private, dual purpose permit plus tax which totals $504/year. This allows a tiedown at the basin and a tiedown at the long term parking. The difference between the original $480 and $360 for commercial, I carried over and is $120. Adding that to the commercial rate of $480 totals $600/year plus tax. I felt that most of the changes that you made and not seeing what the changes were, and just knowing from the minutes that you must have done something to it, I moved ahead working it out this way. The FBO that has tiedown spaces now, is kicking everyone out as of June 30th. The Council recognized that there would be a problem because those people may come over to the City tiedowns and there are only 40 spaces. If 29 are used for the basin transition that only leaves 11. The Council requested that I make out a preapplication for AIP funding to double the size of our long term parking and continue south with it at the same size and direction as now. I will be doing this by January of next year. I think that will solve the problem. It will cost a few more dollars, but they are getting two excellent facilities. I put a clause in the regulations that would probably be an accounting nightmare but would be viable and that is to sublet the spaces for the dual permit holders while they are at the float plane basin during the summer. I will have those that want to stay for only one or two months sublet at the long term tiedown and ensure that they would be available again in October when the dual permit holders make the transition. If we do run into a problem we still have the 20 spaces at the transient parking at the south end of the terminal. These are the only changes in the Cost and Billing section. Everything else was left the same. I feel that we have to run a winter to find out how the ski operations are going to work. KENAI AIRPORT COMMISSION June 15, 1989 Page 7 Vehicular Access and Parkina: No changes, no comments. Snow Removal and Maintenance: No changes, no comments. Float Plane Facility Security No changes, no comments. Radio Equipment: Commissioner Dean: I feel everybody should have radios, but when the tower is closed its not required by any regulations that anyone talk to the flight service station. Yet I notice in here it states that they must have a radio. When the tower is closed, the flight service acts as a flight advisory service and there's nothing in the regulations that says a pilot has to talk to the flight service station either on take off or landing. Which is by far the better idea. I don't know that we can say he's got to have a radio. Airport Manager Ernst: That's very true, they're not required to call the flight service station, however, if you're going to have this kind of facility I think its prudent of the City to require that they have radios because if that fellow leaves during the tower hours and he doesn't have a radio we've got a problem. If he doesn't have a radio he's probably going to be leaving at night and after the tower is closed and the float plane facility, for all intents and purposes, somewhere in mid August or September, its going to be dark when the tower is closed and they can't land there anyway. Same for ski operation. Airport Manager Ernst: We're saying that if you use this facility you need to have a radio and this facility is owned by the City. Transition - Float to Wheel/Skis Discussed previously. Aircraft Parking: Airport Manager Ernst: I don't have a problem, as long as I have a list of the planes that are going to be in there. The N numbers are the only way we can determine if that plane is allowed there. For instance, if the CAP has 5 different planes and I have the N numbers, I don't have any problem. They can only fit one in there at a time anyway. I think that was a question someone had before. This way if I make a check and find a plane in there without the right N number I'm going to impound it. You might want to put something in there about the owner of the plane in the slip otherwise you might get into a subletting situation. That verbiage is in the permit. KENAI AIRPORT COMMISSION June 15, 1989 Page 8 Chairman Summers asked for consensus of Commission - the Commission agreed. Airport Manager Ernst to make the appropriate modification. Mr. Sumey: What happens when you go from floats to skis is you take the plane out of the water, you've got a place to do that, and thats the transition. You don't take your airplane, the day you take it off floats and put it on skis or wheels, and then take it back down and put it in the float basin. So for the person who is going to go from floats to skis, he's going to have to leave the airplane someplace until the lake or the pond is frozen hard enough to put the airplane back down. So is this transition area where you could leave your airplane until the pond is froze hard enough to use skis? I saw some language under Aircraft Parking, "only the aircraft assigned to a slip shall be parked at that slip." If you stopped right there and took all that language out of it, it might cover that because you have option 1 and option 2. And then move over to the long term parking for the winter. That's a real problem because you don't let a float plane freeze in the lake and when you take it off floats, you have to wait a while for the pond to freeze before you put it back out there. Transition area is where you take it off floats and put it on wheels or skis and let it sit. Or if you could move that ski plane over to the parking area behind the slip and then move it down on the pond that's fine. But you need to do something with it while the pond freezes. Commissioner Knopper: There's adequate space there at the slip to pull it up isn't there. Airport Manager Ernst: At this point we have about another 10" to go before high water. At that point in time we can look at the slips and see if, in fact, they can't be just slid out of the water for that period of time. I know what you're talking about, it's something we just hadn't figured on. It's a valid point. Depending on how many people do it, that transitional ramp is only going to hold so many and I think if you start putting them up on top of the ramp you're doing the same thing if you had it on wheels. We'll have to figure something out. Mr. Sumey: Those slips are deep and a couple things your going to get is, rain on ice will cause overflow right at the base. Unless you can pull it out just a little bit, you will have to deal with overflow. But trying to tail the airplane up and leave the gear down in the water isn't going to work either. Commissioner Dean: Couldn't a plane be pulled up onto the gravel pad for a couple of weeks while the pond freezes? Airport Manager Ernst: Gentlemen it comes back to the same problem, you've got fuel tanks up there, buildings and vehicles, how are you going to get them up there, bring them around on a trailer cause you can't bring them up over the top of the slip. KENAI AIRPORT COMMISSION June 15, 1989 Page 9 Mr. Sumey: The owner is probably going to get a truck, pick that airplane up, and he's going to put it right behind where the wooden parking barriers are, put it on skis, and leave it sitting until freeze up. Then taxi on out to the road, to the ramp, and onto the pond because that is the only way he can get back down to the basin. To lengthen those things up so that you could pull the floats completely dry you'd have a real expensive excavation job with a road to each slip. Commissioner Knopper: You're saying that now it's too steep of a slip to pull them out of the water? Answer yes. Airport Manager Ernst: Then I would suggest we drain the basin to the point where you can get the planes out. I think that's the solution. The Commission continued discussion regarding water depth and taxiways. Fuel Tanks and Buildings: Chairman Summers: Is it not true that we are already signing leases and getting people to use this basin on a regular basis. You need to have some sort of regulations in terms of fuel tanks and buildings now is that correct? Airport Manager Ernst: Yes. If I have some kind of, not necessarily a regulation but a plan from the Commission, it's covered under the regulations, so just come to me and I'll give them whatever your plan is. Commissioner Dean: I think there should be some limitation on the size of tanks. Chairman Summers: I agree and second I think we should have some limitation on construction. I don't think you want some kind of Mickey Mouse thing out there, we need to be concerned about safety. Chairman Summers asked if Mr. Ernst had discussed this with any firms handling tanks. Mr. Ernst answered that he had contacted Greer Tanks in Anchorage and a firm in Soldotna. Basically, they couldn't give me much more than the size of tank and that they do have a stand that they make and the costs. I probably feel more like Mr. Sumey does that perhaps a wooden structure, but not a flimsy one. Chairman Summers: Is there any need to have it inspected so that when they are mounted there is someone who approves it. Airport Manager Ernst: For example, if you have a 500 gallon tank, it will have a lockable valve before the nozzle right off the tank so it can be shut down, and a nozzle that won't lock which the FAA is going to require. Commissioner Ames: I think we'd better require a lock on the upper end of the tank too, because a garden hose can take a lot. Airport Manager Ernst: I agree, I think any prudent person that had one would see to it, but we can do that too. KENAI AIRPORT COMMISSION June 15, 1989 Page 10 The Commission discussed types of valves and gravity feed tanks, and heights of tanks. Chairman Summers: It looks like the City Council has approved this in such a way that it may not require us to take anything back to the Council but simply give our recommendations to Randy and he can go ahead and put them into a document. I think it would be wasting the City Council's time by taking this back to them by setting it up this way. What are the recommendations of this Commission. A motion please on the size of tank. Commissioner Ames: I feel that if we make a regulation on tank size that we limit it to two 1,000 gallon tanks on the near side but make it clear that that's not the limitation of the west side for an FBO. He can put in 5,000 gallon tank or whatever he can afford. Airport Manager Ernst: There's going to be a difference between the FBO who leases a lot and a commercial operator that leases a slip, even on the west side. I talked with Alaska West Air and he thought 1,000 gallons was fine. I would say if you're going to limit it, I can't see having more than 1,000 gallons at a slip. At some point in time if they want to lease a lot over there and at that point they can put any size they want as long as its DEC approved. Commissioner Knopper: I have one more question regarding installation of these above ground tanks, are there any DEC regulations involving these tanks? Airport Manager Ernst: I know there are pretty heavy requirements for buried tanks and I think a certain size like 10,000 gallon tank, but I don't think the smaller ones have that problem, however I will check. Chairman Summers: I would like to ask Randy to develop some guidelines on installation and construction of tanks not to exceed 1,000 gallons per slip and that these be incorporated in some format that can be handed out and that it is standardized, including valuing and cradle or whatever it sits on. The Commission agreed. Buildings: Chairman Summers stated that the Commission had discussed a size earlier, 8 x 10 x 12. Commissioner Knopper: I think we should have Randy draw something up similar to the tanks for the buildings. 8' high, 10' wide, and 12' long. Chairman Summers asked for some guidelines for the outside. You don't want a hippy wagon or a van or a trailer. Airport Manager Ernst: I agree. It should be a structure. I was also thinking about a fiberglass top so that gives them the light they need to work and store equipment. The Commission agreed and asked that they be returned at the next meeting. Chairman Summers stated that he felt what the Commission had developed was well within what the Council authorized and this merely standardized it. KENAI AIRPORT COMMISSION June 15, 1989 Page 11 Storage: No comments. Transient Aircraft Registration: No comments. transient Aircraft Parking: No comments Transient Aircraft Parkin Fee: Airport Manager Ernst discussed signage for the basin. There are three, one very large red and white sign that directs the transient parkers to the south end. One that speaks to registration on the building and the third is the numbering on the reverse side of the slips.- There is a very large sign that says "Welcome to the Kenai Municipal Float Plane Facility" and that is going to be made into a very nice sign. There will be one more set of signs and that is for holding in the middle of the connecting taxiways. The registration building is out to bid and I'm hoping that within 2 weeks we'll have the building there. Until then the transients have a freebie. The telephone company has not yet installed a line for calls from the basin. Airport Manager Ernst will continue to monitor progress. Alaska Flying Network has a key to the gate so that they can transition from the airport side to the basin with their truck to accommodate fuel for the transient people. Ractrnnmc- No comments Airport Regulations No comments. Chairman Summers: The last comment that I'd like to make is that this is something to get us going until we see how things are going to work. I would encourage everyone to go down to the airport from time to time to see how things are going. b. RFP's for Bar & Restaurant Airport Manager Ernst informed the Commission that the Council incorporated all the changes suggested by the Commission and they will be meeting to discuss this next Wednesday. This item will be held pending Council action and that the item return to the Commission. KENAI AIRPORT COMMISSION June 15, 1989 Page 12 6 NEW BUSINESS a. Open House for Float Plane Basin Chairman Summers asked for suggestions, if the Commission wanted to have an open house. Mayor Williams had suggested that a grand opening be held in conjunction with the July 4th static air show. Airport Manager Ernst spoke to the static air show and suggested that a band and balloons were about all that could be done. Chairman Summers agreed, suggesting a ribbon cutting and inviting the Chamber, the Council, and other officials, perhaps calling it a fly -in. Councilwoman O'Reilly indicated that there is a budget that would help with the promotion. Chairman Summers stated that the Council had approved a budget of $15,000. $10,000 of that is for public relations or promotion and $5,000 is for travel for members of the Commission on a specific purpose. Chairman Summers established a Committee for public relations/promotions with Jim Dean as Chairman. Mr. Dean will be working with Mayor William for a list of support agencies and persons. Purpose is to get the word out to the bush and other areas that the facility is here and can be used and will be included in the July 4th activities. Mr. Dean will be meeting with the Chamber. b. Budget Chairman Summers appointed Josh Knopper for the Finance committee. He will be in charge of putting together a budget for these two activities. Chairman Summers asked Airport Manager Ernst for a list of meetings for a statewide airport managers group. Mr. Ernst reported that there is no such group. There are only 4 managers across the state that are responsible for municipally owned airports. The rest are state owned and have their own state managers and in some instances they vie for money with us. Chairman Summers asked if there were any other state wide conferences that would be of benefit to the Commission dealing with airports, answer no. The only agency that may is DOT and the seminars are very specific. Airport Manager Ernst reported that there was a pamphlet written by a woman regarding a commission and its goals and duties. It was written for an elected commission, however it might be something you would find interesting. This person may be willing to fly up here from California and give us a one day seminar which would benefit everyone and perhaps would cost less than $1,000. Mr. Ernst and Chairman Summers will meet next week for further discussions. Chairman Summers charged the Commission with the job of searching out various means of education. KENAI AIRPORT COMMISSION June 15, 1989 Page 13 c. Open House for Newly Renovated Terminal The anticipated completion date is between 9/1 and 9/15/89 on the contract. It may be completed sooner, however, we can come within three weeks of the actual date which would give enough time to get something together. Councilwoman O'Reilly suggested a cake similar to that done for the Memorial Park, the Commission agreed. d. Industrial Display There are varying descriptions of the structure, anywhere from 18' tall on. Chairman Summers and Mr. Ernst will be viewing the structure and then discuss obtaining the apace. Commissioner Knopper will obtain the location of the display. The Commission will also be working the Bioentennial .in with the industrial display. The monetary burden of the displays will be handled by those wishing to display at the airport. Support is anticipated from packers, canneries, etc. Chairman Summers and Mr. Ernst will be meeting with a gentlemen who does video displays also and to discuss the various displays. Chairman Summers felt that this would be a good public relations project to place the airport in a more visible position. e. Meeting Time and Place Chairman Summers suggested that a formal motion be made that the Commission change the location of the meetings to City Hall Council Chambers in order to be more accessible to the public. MOTION: Commissioner Dean moved that, in the future, the Commission will be meeting in the Council Chambers in order to be more accessible to the public, seconded by Commissioner Knopper. VOTE: Motion passed unanimously The Commission will be meeting once per month on the second Thursday throughout the summer. f. Commission Membership Chairman Summers expressed the opinion that there is a constraint placed upon the Commission by the Council that only residents of the City are eligible to serve on the Commission. The suggestion has come from members of the public that there are people who are in the community extensively, economically, and reside outside the city limits. If we are to serve the City and make recommendations to the Council, then we need to have an applicant pool as large as possible and still stay within the ordinances as they exist. Currently, there are no applications from persons within the City limits, however, a list was supplies of persons outside the City that have inquired about membership. An individual may not live KENAI AIRPORT COMMISSION June 15, 1989 Page 14 and vote within the City but have an economic and vested interest in the development because their businesses are here and I am suggesting that that kind of incentive to participate in the City governance is just as powerful as someone who may vote here. Airport Manager Ernst stated that the obvious reason might be because the airport is municipally owned. Councilwoman O'Reilly felt that the Council would not view the idea favorably, however the one individual that lives on the city limits with half of the property inside and half outside would be the one that would have the least argument. Chairman Summers asked that this issue be returned at a later date. At the present time, the Caomission was urged to contact persons known to Camtissioneirs that live within the City and approach them about serving on the Commission. 7. AIRPORT MANAGER'S REPORT Airport Manager Ernst pointed out that the enplanement for 1989, January through May are all above last years' with the exception of March and is moving steadily which is encouraging. Regarding the air show, the KC135 is questionable as to whether they can make it. They need an airstair which we don't have. The Commission and Airport Manager discussed where one may be obtained. Ideally, the pickup mounted stairs are the best and the airport should be looking at one. When we get weather diversions, and we can facilitate off loading with security and the stairs it would be beneficial. Otherwise, the diversions must keep their passengers on board waiting out the weather. A used set cost about $5,000. The Vasis for runway 19 look good. They have been trying to locate ones that are similar to identical to the lights on runway 1. They just have to get them and put through the paperwork to get them in place, however, they may not be done by the time we get the runway overlaid. Provisions are being made that the appropriate conduit be laid. The Airport Certification Manual is completed and a copy is available from the Airport Manager. We had our first incident of a float plane landing on the wrong waterway today. A copy of a reduced map depicting the float plane basin will be run in the Anchorage Times Sunday and then perhaps in a Fairbanks publication. Also contacted was Air Alaska and a float plane publication. Commissioner Knopper asked for a copy of the list of publications throughout the state. KENAI AIRPORT COMMISSION June 15, 1989 Page 15 8. COMMISSION COMMENTS & QUESTIONS Airport Manager Ernst asked if CAP were planning to seed the area around the hangar as the City has spent considerable time and effort in placing dirt at the sight. Commissioner Dean answered that indeed they were, however, the gentleman from the extension service was supposed to advise the CAP as to fertilizer and seed for that type of sandy soil and he has left on vacation. Airport Manager Ernst stated that he had observed seeing a cloud of dust and wondered when the seeding was to take place. The only problem at the present time is with watering. There is one main coming into the hangar and there is a large area needing water. The question was raised as to the use of hydrants. Airport Manager Ernst suggested CAP contact the City Manager regarding use of the hydrant for watering. Councilwoman O'Reilly stated that it was understanding that the rates had been raised rather than no use at all and also suggested contacting the City Manager. Next agenda: RFP's, Open House in September, Budget, and report on the July 4th activities. Commissioner Ames appointed to work with Commissioner Dean on the promotion. Chairman Summers will be requesting the chairman of the Economic Development Commission meet with the Airport Commission. Commissioner Ames asked if a new entrance to the float plane basin had been considered through gate 14. The reason for the question is that during the winter kids on snowmachines will have access to the basin area and then onto the runways. With an alternate roadway, the gate to the basin area could be closed during the winter months. The frozen basin will be very attractive to snow machines. Airport Manager Ernst stated that if there is a vehicle in the clear zone when an aircraft is landing it is considered an occurrence. It is a good idea however. The idea will be explored. 9. ADJOURNMENT There being no further business, the meeting was adjourned. The next meeting will be Thursday, July 13, 1989 at 7:00 P.M. in the Council Chambers. Janet A. Loper Secretary to the Commission E I- / AGENDA KENAI CITY COUNCIL - REGULAR MEETING June 7, 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) a. Mr. Dennis Steffy: M.A.P.S. Fire Training School C. PUBLIC HEARINGS 1. Ordinance 1321-89 - Adopt Annual Budget - 1989-90 2. Ordinance 1322-89: Increasing Rev/Appns - Payment of Taxes, Inlet Woods - $12,205.77 3. Ordinance 1323-89: Increasing Rev/Appns - Recreation Center Exercise Equipment - $990 4. Resolution 89-44: Fixing Rate of Levy for Property Taxes for FY89/90 5. Resolution 89-45: Transfer Funds in the 88/89 Budget to Purchase Storage Shelving for City Hall 6. *Transfer of Liquor License - Larry's Club 7. Resolution 89-46: Transfer Funds in the 88-89 Federal Revenue Sharing Budget for Purchases within the Public Works Department - $13,554.84 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, May 17, 1989 F. CORRESPONDENCE 1. Kenai Bicentennial Visitors & Convention Bureau G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Discussion: Float Plane Facility Regulations 4. Approval: Airport Terminal Renovation, CO#7, $1288 5. Discussion - Three Items from Mayor Williams for Consideration: a. Direct Administration to Prepare to Annex the Property for the Fire Training Grounds b. Strongly Consider Extending Willow Street to Marathon Road'(See Info 8) C. Request Permission to Travel to Washington D.C. Along with Ashly Reed and Mr. Steffy to Lobby on Behalf of Fire Training Ground Helicopter Rescue School 6. *Ordinance 1324-89: Amending KMC 23.50.010(a) by Adding Personnel Officer 7. Discussion: Fire H drant Use 8. *Vacation Request: L t 3, Spruce Grove S/D #2 - U.S. Dept. of Urban Housing/Brian Engen 9. Discussion: Lease Application for Tract C, Gusty S/D #2 - James C. 400key III 10. Approval of E. AliaX/Highbush CO#1 $ 11. *Ordinance 1325-89: Increasing Estimated Rev/Appns by $15,000 in the 1O1Susieana Lane Paving" Project to Include Paving Of Senior Center Parking Lot 12. Discussion: Fencing Between Elks Lodge and Rec Center 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 KENAI CITY COUNCIL - REGULAR MEETING - MINUTES JUNE 7, 1989 - 7:00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING Mayor Williams called the meeting to order. A-1 Pledge of Allegiance A-2 Roll Call Present: Chris Monfor, Marj O'Reilly, Hal Smalley, Linda Swarner, John Williams, Art McComsey, Ray Measles Absent: None A-3 Agenda Approval Mayor Williams spoke. a. Memo from Airport Comm. distributed this date - add to item D-2 for discussion. b. Letter from Alaska Coalition for American Energy Security, distributed this date - add to item I-1 for discussion. C. Item F-2 (Letter from Soldotna Chamber of Commerce) - not listed on agenda. MOTION: Councilman Smalley moved to approve the agenda as amended. Motion passed by unanimous consent. A-4 Consent Agenda Councilwoman Swarner. She did not receive a copy of item F-1. Mayor Williams. It was distributed this date. Consent agenda approved as submitted. B. SCHEDULED PUBLIC COMMENT B-1 Dennis Steffy - MAPS Fire Training School We will discuss the economic impact of the fire training school on the Kenai Peninsula health & safety. M. Tauriainen got the bid (for engineering). The cost will be $1.4 Million, they will start in 2 weeks. It may be late August before we can start training. By next year, we should handle 2,000 people per year, most of Alaska's rural fire fighters and military. They will average 2-1/2 to 3 days, they will need housing, transportation, etc. Last year we realized $1 Million and 980 students. It was limited by size of the grounds to 20 people. We should be able to double this, we could realize $2 Million. We were requested to add an aircraft ditching facility. We investigated, took it to our Congressional delegation in Washington, D.C. Sen. Stevens agreed it was necessary, and is putting it on the FY-1990 budget. They would contract with Kenai Peninsula College, probably do it here in town. $5 Million for construction, 2-3 people to man it, 2,000 students. KENAI CITY COUNCIL JUNE 7, 1989 PAGE 2 Other communities have stated they want to be considered. Cold weather survival has been proposed. They have been training in Lake Oswego, Oregon, it is not cold enough. That would be about 2,000 people. Also, they could start industrial health & safety training. The State has many new requirements now of mandatory training. They have trained 3,500 students last year, $1 Million was generated. If we had these facilities in place, we would be looking at 6,000 people per year using the facility, an average 5 days in town, it would be year round, 90,000 meals. Alyeska had 500 people last year. It would be $50 apiece per day, about $6-1/2 Million would be generated. Information from Washington D.C. is that it is proceeding. We should talk to our Congressional people and the Dept. of Defense. I asked Boyd Schaeffer to do a drawing. (This was displayed) Alaska spent $75 Million in training last year and 40,000 people. We feel we can pull off 10% of that. Councilman McComsey. Has anything been done regarding DEC approval on the property? Mr. Steffy. Last Friday they said an open burning permit was the only one needed. They are waiting for title to State land, processing usually takes one year, they have dropped it to 6 months. They have to go through public hearings. Mayor Williams. We have set aside 65 acres for military purposes at the airport. If this could be placed in Kenai, we could use that land. C. PUBLIC HEARINGS C-1 Ord. 1321-89 - Adopt Annual Budget - 1989-90 Mayor Williams. The total budget is $6,111,941. Councilwoman Monfor. The newspaper stated the budget was $10.1 Million, we should clarify this. City Manager Brighton. That includes budgets not funded by General Fund - water & sewer, airport, dock - they are self -generated. MOTION: Councilwoman Monfor moved, seconded by Councilwoman Swarner, to adopt the ordinance. PUBLIC COMMENT: a. Paul Turner, Library Commission. I want to speak in support of additional personnel in the library. The need is long-standing. MOTION, Amendment #1: Councilwoman Monfor moved, seconded by Councilwoman O'Reilly, to amend the ordinance to change $25,000 donation for the Chamber of Commerce to $110,000 donation to the Bicentennial Visitors & Convention Bureau, a net increase of $85,000. Motion passed unanimously by roll call vote. MOTION, Amendment $2: KENAI CITY COUNCIL JUNE 7, 1989 PAGE 3 Councilwoman Monfor moved, seconded by Councilwoman Swarner, to amend the ordinance to add to the Library budget a full time Dept. Assistant I, net cost $23,498. (after deducting $3,999 for vacation relief, which will no longer be needed) Finance Director Brown. The net cost is $23,498. $27,500 is the position cost, with $3,999 deducted. Mayor Williams. $27,500 will be the continuous cost? Answer - yes. Councilman Measles. I will vote against this. I am opposed to adding any new person. There are other areas that are more in need of additional help than those we have selected. Councilman McComsey. I will vote against this and the next two. I do not feel the City needs to add people at this time. Administration did not ask for this, it came through the back door. VOTE (Passed): Yes: Monfor, O'Reilly, Smalley, Swarner, Williams No: McComsey, Measles MOTION, Amendment #3: Councilwoman Monfor moved, seconded by Councilman Smalley, to amend the ordinance in Police Dept. budget, add a full time Juvenile Officer at a cost of $48,933. VOTE (Passed): Yes: Monfor, O'Reilly, Smalley, Swarner, Williams No: McComsey, Measles MOTION, Amendment #4: Councilwoman Monfor moved, seconded by Councilwoman Swarner, to amend the ordinance to add a full time Personnel Officer at a salary and benefit cost of $38,484 (10/12 of a year); plus $1,000 for small tools & minor equipment, $500 for office supplies, and $500 for miscellaneous - for a total department cost of $40,484. In addition, change the position of Finance Dept. Assistant II (secretarial) to Admin. Assistant I in recognition of clerical support and additional responsibilities. - Councilwoman O'Reilly. I have had some soul searching on this. I think the position is something we need, but I question the timing. We can wait a year. I know it is coming. VOTE (Failed): Yes: Monfor, Smalley, Swarner No: O'Reilly, Williams, McComsey, Measles MOTION, Amendment #5: Councilwoman Monfor moved, seconded by Councilman McComsey, to amend the ordinance to change the Finance Dept. Assistant II to Admin. Assistant I. Mayor Williams. Is there a need to change from range 7 to range 8 in light of the fact there will not be a Personnel Officer? Finance Director Brown. The KENAI CITY COUNCIL JUNE 7, 1989 PAGE 4 position would have additional responsibilities and duties because there would be work from the Personnel Officer. The premise is gone. MOTION, Withdraw: Councilwoman Monfor, with consent of second, withdrew the amendment. MOTION, Amendment #5: Councilwoman Monfor moved, seconded by Councilwoman O'Reilly, to amend the ordinance to add to the Recreation budget $3,434 to Repair & Maintenance Supplies for materials for fencing. Mayor Williams. The purpose is to complete a community project, it would divide the Elks from the Recreation Center. The materials will be at cost. It would separate the serving of liquor view from the Recreation Center. It is a good community project. The Elks are building it and maintaining it. Councilman McComsey. How will it be monitored? How will it be built? Mayor Williams. Building Inspector Hackney has done the preparatory work. The Elks are fulfilling their obligation. It will be 8 ft. high, it will require a special permit from the City, they will build it. Motion passed unanimously by roll call vote. MOTION, Amendment $6: Councilwoman Monfor moved, seconded by Councilman McComsey, to amend the ordinance in the General Fund, Non -Departmental, Utilities account, add utilities for the Kenai Fine Arts Center at a cost of $2,100 to be financed by fund balance. Councilman McComsey. Is this 1/2 year? Answer - yes. MOTION, Addition: Councilwoman Monfor, with consent of second, amended Amendment M6 to read $4,500 for a full year. Motion passed unanimously by roll call vote. Mayor Williams. The Airport Commission budget addition. The Commission has been struggling diligently with how to do the float plane basin and terminal expansion. It is a major economic benefit tc the City. We should be marketing the airport in Western Alaska. We ran an ad in Alaska Airlines magazine and received 27 replies. It was significant considering the size of the ad. I would like to have money for an open -house when the terminal is complete. Consider adding $15,000 to Airport Commission budget for advertising & promotion, travel for commissioners. (they cannot use funds from the travel pool) Councilwoman Monfor. The idea is fine, but we should get away from the commissions. They do not have power of elected officials. Suggest putting in Airport Manager Ernst's budget. It should be elected officials, officers or staff. Mayor Williams agreed. Councilman McComsey. They would come out of Airport, not General Funds? Answer - yes. KENAI CITY COUNCIL JUNE 7, 1989 PAGE 5 MOTION, Amendment #7: Councilwoman Monfor moved, seconded by Councilman McComsey, to amend the ordinance to take $15,000 from Airport funds to the Airport Manager's budget for those items. Mayor Williams asked Airport Manager Ernst if he had any objections. Answer - no. Councilwoman Monfor. It should not be listed as commission travel. They have to come to Council if they want to travel. Motion passed unanimously by roll call vote. Councilwoman Swarner. Are the utilities back in the Senior Center budget? Finance Director Brown. Yes, it was increased $4,000. Councilwoman Swarner. The Public Works employee was part time, is now full time? Answer - yes. Councilwoman Monfor. Last night the Borough pulled out of AML and Resource Development Council. If we stay in, our costs will increase. We should increase (the budget). City Manager Brighton. Out dues are paid to Dec. 31, we contributed $500. Jan. 1 we will need $6,000 to remain in AML. Mayor Williams. I have talked to Borough members. I am not sure why they did this, except many do not participate and do not get information. Municipal Assistance, Revenue Sharing, the Busby Act, etc. were given to us. When we testified, it was with their information. We get more then daily information, even FAX material. I don't think we can get a better information source than AML. The primary reason for pulling out, the Borough feels for the amount of money they pay, they get one vote. The small cities also get one vote. The villages can have the ability to control AML. We have had the same difficulty at AML every year, problems with voting. This is the main reason for pulling out. It was set up that way to keep Anchorage and Fairbanks from controlling. I would hope Kenai would stay in. Councilwoman Swarner. The Resource Development Council dues were $1,930. Would they be affected? Mayor Williams. No, that is a private organization, dues are based on population. Councilwoman Swarner. Will the dues be raised with the Borough out? Mayor Williams. It could be that with a large drop, they may increase. I spoke before RDC last week. They had about 75 people there. Councilwoman O'Reilly. What is the time frame on the dues? City Manager Brighton. I don't know. When we get renewal, we will review with Council. Finance Director Brown. It would come to Council anyhow. Mayor Williams. I would like to have someone from AML here when billing is submitted. VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. KENAI CITY COUNCIL JUNE 7, 1989 PAGE 6 C-2 Ord. 1322-89 - Increas. Rev/Appns - Payment of Taxes, Inlet Woods - $12,205.77 MOTION: Councilman McComsey moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Councilman Smalley. Regarding Finance Director Brown's memo. How do we not take ownership? Finance Director Brown. If we pay the taxes, the Borough has foreclosed. It will not be deeded over to us. Councilman McComsey. We are paying for somebody else, so the Borough will not take the property back? Finance Director Brown. Yes, the Borough has foreclosed. If the property is in the City, the Borough will issue a deed to the City. This will prevent that. Motion passed unanimously by roll call vote. C-3 Ord. 1323-89 - Increas. Rev/Appns - Recreation Center Exercise Equipment - $990 MOTION: Councilwoman Monfor moved, seconded by Councilman Smalley, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-4 Res. 89-44 - Fixing Rate of Levy for Property Taxes for FY 89/90 MOTION: Councilwoman O'Reilly moved, seconded by Councilwoman Swarner, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-5 Res. 89-45 - Transfer Funds in 88-89 Budget to Purchase Storage Shelving for City Hall MOTION: Councilwoman O'Reilly moved, seconded by Councilman McComsey, to adopt the resolution. There was no public comment. Councilwoman O'Reilly. Was this in concurrence with hiring of the Personnel Manager? City Manager Brighton. No, we have been using the room for storage. We are trying to organize it. Councilman McComsey. Is the counter out? City Manager Brighton. Yes, most of it. Motion passed by unanimous consent. C-6 Transfer of Liquor License - Larry's Club Approved by Consent Agenda. KENAI CITY COUNCIL JUNE 7, 1989 PAGE 7 C-7 Res. 89-46 - Transfer Funds in 88-89 Federal Revenue Sharing Budget for Purchases within the Public Works Dept. - $13,554.84 MOTION: Councilman Measles moved, seconded by Councilman Smalley, to adopt the resolution. There was no public comment. Councilwoman Monfor. Regarding the conference recorder. Is that similar to what we have? (In the Chambers) City Manager Brighton. It will be used to replace one that was stolen. Councilman Smalley. Was it covered by insurance? Answer - no. D. COMMISSION/COMMITTEE REPORTS D-1 Council on Aging Councilwoman Swarner. The Center was rented for a wedding reception. Program Director Porter will attend a meeting this week end. I visited Kevin Bruce regarding Congregate Housing and other projects. The mini -van came. Mayor Williams. How many vans to we have? Program Director Porter replied, six. D-2 Airport Commission Councilwoman O'Reilly. At the last meeting, changes to the RFP for the airport bar & restaurant were discussed. They have been submitted to Atty. Rogers for review. They also discussed suggested changes in the leases of the float plane basin. They will meet June 8. Atty. Rogers. I will mail the proposed RFP changes June 8 to Council members. Councilwoman Monfor. Last week I went to Lake Hood and Lake Spenard. One of the biggest concerns is security. I realize it is different in Kenai because of the location. I hope this will not be an issue. Mayor Williams. This be discussed under item H-3. D-3 Economic Development Commission None D-4 Harbor Commission Mayor Williams. The parking lot is 40%-50% done. Councilwoman Swarner. Is somebody assigned to ticket boats left unattended on the dock? Answer - yes. D-5 Library Commission Councilwoman Monfor. At the last meeting they worked on goals and objectives and the Comprehensive Plan. A number of goals and objectives have been accomplished. The reading program and the Alaska film program are under way. D-6 Recreation Commission Recreation Director McGillivray. They will not have a meeting in June or July unless needed. Outside KENAI CITY COUNCIL JUNE 7, 1989 PAGE 8 activities have started, flowers are being planted, the sign plantings are being done. The recreation program starts Monday, for 8 weeks. Councilman McComsey. The Womens C tournament in August is statewide. Councilwoman O'Reilly. Any update on plans for the Jr. High field? Mr. McGillivray. No, we are waiting for an agreement. Atty. Rogers. We have a draft. It should be done by June 8. Councilwoman Swarner. When will you put new garbage containers out? Mr. McGillivray. When the plantings are done. It should be next week. Councilwoman Swarner. What about the flags in the park? Mr. McGillivray. VFW has the American flag, they put it up on Memorial Day. City Manager Brighton. We have that taken care of. We will put up the American and Alaskan flags on the same pole. Councilman McComsey. The fountain is soapy. (In the Memorial Park) Mr. McGillivray. Someone cut down the water. We have got it working. Councilman Smalley. Have you looked at Soldotna park benches? Mr. McGillivray replied no. Councilman Smalley. Is that something we could do? Mr. McGillivray. We have a few, the wood was pulled out. There is a man in Wasilla making concrete picnic tables in various colors, about $750 per table. Aluminum is about $400. I would like to try them. Councilman Smalley. A week ago I was at the City park. It was full. Could the City clear the brush with prison work? Mr. McGillivray. We have stayed away from clearing because of the berries there. We have 15 fire pits the prison has put in. We could have prisoners do this. I hesitate to clear out too much, people seem to like this. D-7 Planning & Zoning Commission Councilman Smalley. Two conditional use permits were discussed. Mayor Williams. Angler Pk. R/V discussion was very interesting. D-8 Misc. Comm/Comm None E. MINUTES E-1 Regular Meeting, May 17, 1989 Approved by Consent Agenda. F. CORRESPONDENCE F-1 Kenai Bicentennial Visitors & Convention Bureau Mayor Williams. I have had Administration bring letters and minutes from last year. I am having difficulty with this, I have not discussed it with the Visitors & Convention Bureau. In Bob Williams' letter, paragraph 4: "The facility will ultimately belong to the City". Is that the direction we intended to go? Or is this a stand-alone entity? KENAI CITY COUNCIL JUNE 7, 1989 PAGE 9 Councilwoman Monfor. The intent of this grant process is similar to the cold storage facility. We have nothing to lose if we do not receive it. I was under the impression the Visitors & Convention Bureau would not need a large building. The City could facilitate running it with grants. Building it is the problem. The Visitors & Convention Bureau is asking the City's cooperation in going to RDA for a grant. The City would put up a match. It would belong to us, it would be a welcome addition to the City, it would be City -owned property. Mayor Williams. There was discussion regarding transfer to the Visitors & Convention Bureau. If we proceed with the EDA grant, we will own the building. The original discussions were that we would not. Councilman Measles. That was my understanding, the building would be City owned. Mayor Williams. It would be 3,400 sq. ft. Councilman McComsey. The land would be part of the 50/50, or just money? City Manager Brighton replied, money. Councilman McComsey. I thought we would fund one year. Mayor Williams. Up to $1 Million. Our share would be 1/2 of $1.8 Million. MOTION: Councilman Measles moved, seconded by Councilman Smalley, for Administration to work with the Bicentennial Visitors & Convention Bureau in preparing an EDA grant for that building. Motion passed by unanimous consent. F-2 Soldotna Chamber of Commerce - Alaska Vacation Planner Mayor Williams. They are requesting a letter of support to Economic Development District to fund for $3,000 for ad space. Council agreed to support the premise. G. OLD BUSINESS None H. NEW BUSINESS - H-1 Bills to be Paid, Bills to be Ratified MOTION: Councilman McComsey moved, seconded by Councilman Measles, to pay the bills as submitted. Motion passed by unanimous consent. H-2 Requisitions Exceeding $1,000 MOTION: Councilman Measles moved, seconded by Councilman McComsey, to approve the requisitions as submitted. Motion passed by unanimous consent. H-9 Disc. - Lease Application for Tract C, Gusty S/D M2 - KENAI CITY COUNCIL JUNE 7, 1989 PAGE 10 James C. Bookey III (NOTE: This was moved forward on the agenda by unanimous consent of the Council.) Mayor Williams. The Recreation Commission, Planning & Zoning Commission, Public works Dept., Administration, and Bicentennial Visitors & Convention Bureau have reviewed this. One clause was added by Public Works. James Bookey. I have no problem with the clause. ADDED ITEM: Councilman Smalley. Are there are autos on the lots next to him? Mr. Bookey. They are still there. Councilman Smalley. They are NAPA vehicles. They have been there a long time. Mayor Williams. That is a problem all over the City. Councilman Smalley. Building Inspector Hackney says they are in compliance. Councilwoman Swarner. Something needs to be done. Mayor Williams. We should review the Code regarding junk yards and private business. Councilwoman Monfor. He could fence it in. Councilman Measles. That law is for junk yards. Item H-9 (Contd): MOTION: Councilwoman Monfor moved, seconded by Councilman Measles, to approve the lease application from James Bookey. Motion approved by unanimous consent. H-3 Disc. - Float Plane Facility Regulations Airport Manager Ernst. The regulations before you are the original regulations I set forth for the float plane basin. At the last Airport Comm. meeting, they were changed. The directions were not clear to me, so I put in the regulations as I wrote them. If we approve these tonight, we can change them later. The basic reason for the change is utilization of the float plane basin as a multi -purpose rather than float plane basin only. The basin would be a parking area. There are problems with -that. The basin should be secure from the main airport, we have no power there. FAA has problems with wheeled aircraft there, they could drive on the runway, they would be going around cars, fuel service would be in the same area. It was not built to accommodate wheeled vehicles, they want to use the road for a taxiway. To solve the problem, I would recommend when we issue float plane basin slips, we issue permanent tie -downs at the south end. The City would lose three month's rent. During the time they were on floats, I could sub -let. At some time we may need to enlarge. I propose we set aside 29 spaces. There may be some that may not need them. Councilwoman Monfor. To pay that amount of money for short time, they wanted it year round. This may be the solution. KENAI CITY COUNCIL JUNE 7, 1989 PAGE 11 Mr. Ernst. An additional problem is one lessee will be not leasing in the future because of costs. It would be an additional 30 planes, there would be a crunch. Councilwoman Monfor. We have 65 acres there. Mr. Ernst. We have 20 itinerant spaces, 10 could be long term for the first year. But by next year we would have to put in pre -application for expansion of tie -down area. Councilwoman Monfor. Some of the people renting tie -downs are Kenai citizens and should have first consideration. Mr. Ernst. I agree, this can work. It would be about $250,000 to duplicate what we have. Councilwoman Monfor. People are willing to pay a little more to keep their planes here. Mr. Ernst. We would extend the ramp to the south and move vehicle parking with it. Mayor Williams. Should we prepare it for next year's projects? Mr. Ernst. We could withdraw the pre -application if we don't need it. Councilwoman Swarner. Regarding the cost, are they making payments or in a lump sum? Mr. Ernst. I did not know their recommendation. It is one lump sum now. We could add to the motion that the float plane basin is for floats and skis only. Mayor Williams. Wheels are only for transit. Mr. Ernst. Transit one time. Councilman McComsey. Is there a lease holder continuing his lease with the City? Mr. Ernst. One lot does not refer to tie -downs. One is specifically for tie -downs. I could not contact the gentleman. Councilman McComsey. If he turns it back to City, we would have those? Answer - yes. Councilwoman O'Reilly. Will we eliminate distinction between private and commercial operators or will we have a new fee schedule? Mr. Ernst. I thought we would keep the same. Commercial flights will be at the terminal. We should keep the price differential. Councilwoman Monfor. By offering the float plane basin operators an opportunity to park on wheels on this side of the basin, that takes care of their concerns. They will have 2 spots and use it year round? Mr. Ernst. When they pay an annual fee, we would leave it at $360 for those that want for 3 months, for those with both it would be $504. Councilwoman Monfor. You are not going to drain the basin? Mr. Ernst. There was talk of it, but we want to try it for one year and see what happens. They would transit 2 times a year. Mayor Williams. What if they want to stay on wheels year round and use on the float plane basin when frozen? Mr. Ernst. I am not sure how we will maintain. I don't think it would be mentioned to that level. There is still a transition when he cannot be on wheels or floats. MOTION: Councilwoman Monfor moved, seconded by Councilman McComsey, for Administration to proceed on the regulations for the float plane basin with the discussion we had tonight. The float plane basin will be for skis and floats, it will have an option of using KENAI CITY COUNCIL JUNE 7, 1989 PAGE 12 all year long or staying in the float plane basin in winter if they are on skis or floats. It will be a year round facility. Administration proceed with the plan for a new parking lot for additional tie -downs. Mr. Ernst. We will have to do some snow removal. We will have to see what we need. Keeping skis on that side, they cannot use the sanded area. People that have landed there are thrilled with the basin. I think it will be a popular place. Councilwoman Monfor. Especially if they can use it winter and summer. Motion passed by unanimous consent. H-4 Approval - Airport Terminal Renovation, Change Order #7 - $1,288 Public Works Director Kornelis. Architect Kluge had an emergency and could not come to the meeting. 1) Add steel to the walls and soffits, 2) Add access door to the ceiling. There is a sprinkler system, they need access to them. Councilman McComsey. When they design the wall, they should know how much steel is needed. Is this an architectural error? Public Works Director Kornelis. A lot were existing. It was considered when constructed, they did not think it was necessary but they do now. Councilwoman Swarner. Has the work been done? Mr. Kornelis. I don't believe so. They were told to hold off till the change order passed. MOTION: Councilman McComsey moved, seconded by Councilman Measles, to approve the change order. VOTE (Passed): Yes: Monfor, O'Reilly, Smalley, Williams, McComsey, Measles No: Swarner H-5 Disc. - 3 Items from Mayor Williams for Consideration: a. Direct Administration to Prepare to Annex Property for the Fire Training Grounds b. Strongly Consider Extending Willow St. to Marathon Rd. C. Request Permission to Travel to Wash. D.C. with Ashley Reed and Dennis Steffy to Lobby on Behalf of Fire Training Ground Helicopter School H-5a Annex Property Mayor Williams. We will be involving our fire dept. and other departments. It behooves us to begin annexation at this time. MOTION: Councilwoman Swarner moved, seconded by Councilwoman O'Reilly, to direct Administration to prepare to annex the property. city Manager Brighton. Is the property contiguous to City property? Answer - yes. KENAI CITY COUNCIL JUNE 7, 1989 PAGE 13 Motion passed by unanimous consent. H-5b Extend Willow St. Mayor Williams. This would require Corps. of Engineers permits. The reason is for direct access by the Fire Dept. Councilwoman Monfor. If we extend, does that go behind Magic and Cinderella? City Manager Brighton. No, it dead -ends to Marathon. Mayor Williams. It will require relocation of the fence. Public Works Director Kornelis. It would cost $105,000. Mayor Williams. We could take from airport funds for gravel. Public Works Director Kornelis. We would not extend water & sewer. 1-Y [*J_WC07Z V Councilwoman Monfor moved, seconded by Councilman Smalley, to direct Administration to begin work on extension of Willow St. to Marathon Rd. Motion passed by unanimous consent. H-5c Mayor - Travel to Washington D.C. Mayor Williams. Sen. Stevens has added $5 Million to the military budget. We want to contact military people. We asked to get National Guard, P-3 Orion project here. Now we have an opportunity to get Federal dollars to our community. It may become necessary for Ashley Reed and me to travel. If he goes to Washington D.C., we pay his expenses. Can I take this from airport funds? Councilwoman Monfor. Can you check first to see if they could come here? Mayor Williams. If we should make a decision to go between Council meetings, I would need to know now. Councilman Smalley. Are we going to have problems with wildlife management? Mayor Williams. It will not be a heliport. It will be a large building with a large pool with dump facility. Councilman Smalley. No noise problem? Mayor Williams. No, I would like to have that portion of the school on the 65 acres reserved for military use. Also, the cold weather training facility is another reason for extending the road. Councilman McComsey. I thing you are going to talk to more than Sen. Stevens., military people, etc. Mayor Williams. I will enlist the services of local military. Councilwoman Swarner. I have a problem with sending anyone to Washington D.C. The land is not in Kenai yet. Mayor Williams. We may look at putting this on our 65 acres. Annexation may take about a year. The decision may be before Jan. 1. MOTION: Councilman Measles moved, seconded by Councilwoman Swarner, to buy Ashley Reed and Mayor Williams one way tickets to Washington D.C. If they get the money, we will send a return ticket. Motion passed by unanimous consent. KENAI CITY COUNCIL JUNE 7, 1989 PAGE 14 Councilwoman Monfor. We should write to companies that will be using the facility for letters of support. Mayor Williams. I have many. Sen. Stevens, Sen. Murkowski and Rep. Young have them. That is why it was put in the military budget. We want to make sure it stays there and that our area has the facility. I don't think $5 Million is a big project, it is the location that is the concern. Councilman McComsey. We have instructors in place now. Mayor Williams. Our fire dept. has divers. H-6 Ord. 1324-89 - Amend. KMC Title 23 - Adding Personnel Officer Approved by Consent Agenda. H-7 Disc. - Fire Hydrant Use City Manager Brighton. We are asking to increase the charge and eliminate the fee -paying program with Finance and Fire Dept. We would rather have no one using hydrants. The road contractors have use of hydrants at no cost. This will discourage that. MOTION: Councilwoman Swarner moved, seconded by Councilman Smalley, to adopt regulations for an increase in rates. Councilman Measles. Will this apply to contractors? Answer - no. VOTE (Passed): Yes: Monfor, O'Reilly, Smalley, Swarner, Measles No: Williams, McComsey H-8 Vacation Request - Spruce Grove S/D - Dept. of Urban Housing/Brian Engen Approved by Consent Agenda. H-10 Approval of E. Aliak/Highbush - Change Order #1 Public Works Director Kornelis. We will handle #1 & #3 in-house. MOTION: Councilman McComsey moved, seconded by Councilwoman O'Reilly, to approve item N2 in Change Order ()1, E. Aliak/Highbush St. Improvements Motion passed by unanimous consent. I. ADMINISTRATION REPORTS I-1 Mayor Mayor Williams spoke. a. Regarding the ANWR promotion letter (distributed this date) from Alaska Coalition for American Energy Security. They are developing a strategy to bring to Congress. There will be more need for oil on the west coast as they close nuclear plants. Request Administration prepare a KENAI CITY COUNCIL JUNE 7, 1989 PAGE 15 resolution indicating our ongoing concerns regarding ANWR? Council agreed to the request. b. There will be a meeting with the Lt. Governor, fish processing people, Soldotna & Kenai City Councils, Soldotna & Kenai Chambers of Commerce and media on Saturday morning, June 10 regarding the oil spill. C. Lt. Governor McAlpine will be here for the Comm/Comm & volunteers reception Friday, and for the Miss Alaska barbecue. Also all are invited to the reception for the Lt. Governor Saturday. d. The brochures to promote the City, published in 1987. I would like to re -print. We are waiting for a firm price and will bring it to Council at the June 21 meeting. e. The time is now to discuss capital improvement projects for next year. 'I think there will be $400 Million, our share is $5 Million. We should talk to people now. I would recommend we have a work session after the June 21 meeting. The Railbelt Energy Fund is open, $200 Million will be added to it. f. Regarding Memorial Park. FAA and the phone company may have to abandon the little green house. I would like to spend money every year up to $5,000-$10,000 per year to put in modifications in the park. We could line the house with logs and a sod roof. Also cement benches, designed 3 ft. walls, continuing the walkway towards Dan's TV, and evergreens for the end. I have asked the Beautification Committee to develop a master plan with modifications for each year. g. Regarding additions and modifications to the soft ball field. Cost for covered pavilions and control center should be reviewed. This would be for next year. Recreation Director McGillivray. For the pavilion - wooden type, we install. That plus freight is expensive. Beaver Loop Welding can build small shelters, on 20x20, including slab, etc. Engineer LaShot approved the plan. It would be about $7,600, wood is probably more. Mayor Williams. Soldotna has done a good job. Mr. McGillivray. There are different roof colors. Mayor Williams. I suggest we add for improvements for next year - $100,000 for the soft ball center. Plans are drawn. h. Request Council direct the Airport Manager to develop an ad program for western Alaska. Councilwoman Monfor. He could do it after July 1. i. Development of tourism. Cunningham Park was given to the City for development of a children's play ground. One of the competitive things from Soldotna is their boat ramp. A greater number of fish are caught in the City of Kenai than in Soldotna, but they started in Soldotna. There is KENAI CITY COUNCIL JUNE 7, 1989 PAGE 16 no public boat ramp for 21 miles. Our public boat ramp is not conducive to sports fish. We need to investigate the deed for Cunningham Pk. Can it be traded, should we look at a trade for a larger parcel up -river, buy land adjacent to the park and expand, buy land across from park for parking? There will be discontent from neighbors. Councilwoman Monfor. We will have to talk to the State and Corps. of Engineers, it may not be feasible. Mayor Williams. We should begin the paper work. Council agreed to the request. Mayor Williams. We could use the Bicentennial celebration for support from the Legislature. Public Works Director Kornelis was asked to check on Cunningham Pk. deed, cost of adjacent lands, and State & Corps. of Engineers problems. I-2 City Manager City Manager Brighton spoke. a. The Borough Mayor re -appointed Phil Bryson to the Borough Planning & Zoning Commission. b. Regarding the closure of the land -fill in Kenai, the only available one will be in Soldotna. No dumpsters will be furnished by the Borough within 15 miles of the dump site. C. Note item info-15, utility relocations. This is important. Atty. Rogers is preparing to resolve the situation. I-3 Attorney Atty. Rogers spoke. a. You will receive from me changes by the Airport Comm. regarding the airport terminal RFP. We have little comment. I would appreciate comments from Council. b. Councilman McComsey. Anything from Dairy Queen? Admin. Asst. Howard. We have had 3 applications picked up, none returned. I-4 City Clerk Clerk Ruotsala spoke. a. The Comm/Comm & Volunteer reception will be Friday, June 9 at 7:00 PM. b. There will be some changes in the Conflict of Interest law (item I-4). C. We received certification for membership in the Sister City program. (distributed this date) I will be informing Council of this later. I-5 Finance Director None KENAI CITY COUNCIL JUNE 7, 1989 PAGE 17 I-6 Public Works Director Public Works Director Kornelis spoke. a. Susieana Lane and the Senior Center parking lot are out to bid. b. There are some amendments to the Clean Water Act. We may have to do some treatment. C. The Kenai land fill. We have 35,000 yds. of sand there that we may lose if we don't move it. We have till the end of August. I-7 Airport Manager Airport Manager Ernst spoke. a. Regarding the VASI equipment for the airport. (item 1-7) It has been approved. It will be a plus for the airport. b. Approval for the new airport certification manual was received. J. DISCUSSION J-1 Citizens None J-2 Council a. Councilwoman Swarner. I will not be here for the Saturday meeting or the July 5 meeting. b. Councilwoman Swarner. What is the possibility of putting a FOR SALE sign on the Dairy Queen? No action by Council. C. Councilwoman O'Reilly. Suggest a discussion at the work session regarding the policy on maintenance of grass by the City. C. Work Session. Council agreed to schedule a work session for Wednesday, June 21, at 6:00 PM, before the Council meeting. To be discussed: 1. Capital Improvements Projects - Bicentennial Boat Ramp 2. Maintenance of Grass and Green Strips d. Councilman Smalley. I will not be here for the Saturday meeting. e. Councilman McComsey. Airport Manager Ernst's report was very good. (item I-7) K. ADJOURNMENT Meeting adjourned at 10:10 PM. Gt� Janet Ruotsala City Clerk AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 21, 1989 - 7:00 PM WORK SESSION: 6:00 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) ,4- _j 1. Dan Roberts - Baron Pk. S/D Purchase (Pizza Hut) NJ..� -2. Paul Weller - Paving of Lawton Drive C. PUBLIC HEARINGS 1. Ordinance 1324-89 - Amending Kenai Municipal Code Title 23 - Personnel Officer 2. Ordinance 1325-89 - Increasing Rev/Appns - Senior. Citizen Center Parking Lot - $15,000 3. Resolution 89-47 - Award Contract - Paving Susieana Lane and Senior Citizen Center Parking Lot - Harley's Trucking - $48,077 4. Resolution 89-48 - Transfer of Funds - Boiler Room Repairs, Public Safety Bldg. - $2,170.40 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 --48. Misc. Commissions/cotmtmittees E. MINUTES 1. *Regular Meeting, June 7, 1989 F . FRRESP]ONDEN G. OLD`BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified Requisitions Exceeding $1, 000 3. *Ordinance 1326-89 - Increasing Rev/Appns - Willow St. Extension - $105,000 4. Discussion - Senior Citizen Center Rental Agreement 5. Discussion - Section 36, Parcel D - Inclusion of Partial Release Clause 6. Approval - Comm/Comm Secretary Bid 7. Discussion - RFP's - Airport Terminal Concessions 8. Discussion - Reprint of City Brochure 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 INFORMATION ITEMS JUNE 21, 1989 1. Ports Alaska Report - Oil Spill Response 2. Resource Development Council - June 28 Meeting 3. Memo, Public Works Director Kornelis - Airport Terminal Renovation, Carpet Removal 4. Kenai Peninsula Non -Profit Assoc. - Comments re/New Gaming Regulations and Meetings 5. TO DO List - 6-7-89 6. AML - School Construction Debt Reimbursement 7. Kenai Chamber of Commerce Newsletter - June 1989 8. Soldotna Chamber of Commerce Newsletter - June 1989 9. Library Report - May 1989 10. Alaska Families United, Parents United - Notice of Pull Tab Locations 11. Kenai Borough Minutes - 5-16-89 12. Kenai Borough Minutes - 5-2-89 13. Transfer of Funds Under $1,000 - June 1989 14. Anchorage Tames - Report on Lobbyists 15. Billing - Airport Improvements - Overlay, Taxiway A&B - Harley's Trucking - $239,383.21 16. Billing - Boating Facility Addition to Parking/Staging Area - Foster Const. - $57,168.96 17. Billing - Linwood, Candlelight, Kaknu, Lawton, Baker, Kiana - Quality Asphalt Paving - $42,587.59 18. Letter of Thanks - Kenai Arts & Humanities Council 19. U.S. Dept. of Interior - Kenai Fish & Wildlife Hdqtrs. Site - Not in CIRI Selection Pool 20. Kenai Borough Agenda - 6-20-89 21. Wince, Corthell, Bryson - Progress Report - Airport Drainage Study M, ].1,1 ITY OF KENNI 907 283 3014 P.2/4 - - EM �� m - c k k 77, �, II 3 f t _-, I �AL�- t Y11 I 11� Ii I ' I'Ii 19 _ T 13 14 15 17 �. �.. r_ 1i --- , rJ-.'� _ _tom' Y�'ci -• - • I i I 20 1 lIna,21 22 ! i i I f 25 f I _ 25 I - r- 27 li Imo.,.-.._. -•-----• "" , � � . fi r rrl 25 ! 29 I - - ---- E 32, i I 37, I I { ,- Y T S, OF KEN;I 907 383 3014 z 11 -gam )3n., -- —• I � _ -tea_ --z 3 1 4 i Ij i 1 F 1 r - f All 1 n -i 7- 50, 1 ` 14 1S IJ�—i 11 _ I I r I 20 21 22 231 ! A 26 1 26 28, 31 32 �.' 3377 34 ! 47- i j I E�4 VV I_ �.. _ fir. .j t-�- ; L 140 T ! 1 J 1 I..1 I 1 I P.O. Box 2706 Kenai, AK 99611 June 12, 1989 J Mr. Bill Brighton, Kenai City Manager City of Kenai 210 Fidalgo St. Kenai, AK 99611 RE: Purchase of lot three A (3-A) and three B (3-B), Baron Park Subdivision Dear Mr. Brighton, We presently lease the above referenced property from the City of Kenai. On November 1986, the Pizza Hut was completed on lot 3-B. On July 1988 we made an application to purchase this property. The Kenai City Coun- cil denied this application on March 16, 1989 because the city did not want to take a second position to the mortgage company that holds the loan on the Pizza Hut building. Please consider this letter as a request to submit the facts to support our position. i 1. Lot 3-A has had the trees, overburden, top soil and clay removed and replaced with a quality sand and gravel fill at a cost of approximately $29,310.000. 2. The loan on the Pizza Hut is with National Mortgage Company of Portland, Oregon. The pay off is approximately $90,000.00 and will be paid off in about 3 years. 3. In the event of a foreclosure the city would have an additional equity (because of the value of the improvements). Approximately $189,310.00 more than with just the land. Lot 3-A improvements: Land Preparation $ 29,310.00 Lot 3-B improvements: Pizza Hut $250,000.00 Debt Pizza Hut Mortgage Y 90,000.00 Equity - $279,310.00 less $90,000.00 $189,310.00 We believe the above information will better prepare you to make a deci- sion on our purchase application for lot 3-A and 3-B, Baron Park Subdivision. Sincerely yours, Dan.Roberts nr City of Kenai 10 'r bdall;o Street Kenai, Alaska 99611 ICE: Lot Three A (3A) and Lot Three n (3B) Amounts Expended: Baron Park S/D 3A - $19,500.00 3B - $32,300.00 Dear :ladam or Sir: Please consider this letter a request to purchase the above -referenced real property which is currently under icase from the City of l:enai to Dan Roberts of Kenai, Alaska. 1 «ouid prefer to make the customoary down payment and have the City carry the balance. Lot cunsists of approximately :31,600 square feet anc; ::as had the trecr; and brush removed, top soil and over -Barden excavated and repL.lced - Faith od quality sand and hravel compacted to an approved standard and overbid i:ith t;iree inches of asphalt. !•,ith the exception o: .a si-rill .:rca in the .torch east corner, Lot 3A, consisting of appro%i;aat::ly 53,000 square feet, has had trec-3 and brush re'.'uved, top soil aP.d ov,2 burden removed and rC'-�13ccc; .,,iLli UU: qual Ltv s:iaj aull I will lc Ik fcrward t) your soon rc21,j,". Yours truly, Dan Roberts P.O. Box 2706 Kenai, Alaska 99611 (907) -283-3196 DR: cm a - 213FODUALCO KENAI, ALASKA 996ii —, FAX 7-23z 014 March 16, 1939 fan Roberts Bo 2706 Kenai, AK 99611 Re: Lots 3A & 3D, Baron Park Subdivision, Lot 3 Addition Dear Mr. Roberts: At the March 15 meeting, the City Council discussed your request to purchase the referenced lots and that the City accept a note t:iat would put thy: City in second position to an existing bank ioan. The City Code provides far thi:: ii adcquate security exists. Based upon rece_lt experienc >:;, lioweve�r, the Ccuncil said they were sorry, but they could not z:ccept a second position. Perhaps -lou could rake arrangements with t:ho bank and title company whereby the sa?c could proceed, but would keep the City in the first position. Sincerely, Kim Howard Administrative Assistant /kh Cc: Willma L _inders , T ransAlasica Title WP50\WORK\ROBERTS . LTR ` � F t , 3 � i 21.0 F€e3ALGO KZNAI, ALASKA °^s11 — j -ELL HONE 233 - 7535 h -ebruary 8, 1989 .-Ir. Howard Smith Federal Aviation '%dministration Alaskan Region 222 ,.'est 7th Avenue, Bo-x 14 Anc:7orage, Al", 99513-753"r RE: Appraisal ;,uthorization Lcrs 3A any -]3, =>aron nark Subdivision, Lot Add. Dear 21r. <:i -th: The enclosed appraisal report =s submitted for your agency's review and approval. A report :is also enclosed from the firm hired to review the appraisal report. We believe this revised appraisal addresses the concerns e:,pressed in the Mr. Oyster's letter of December 3, 1988. The City has read both the appraisal report and the report by the reviewer and concurs with the value placed on the property. As stated in my letter of September 20, 1988, it is the intent of the City to dispose of this property by negotiated sale with the lessee. Please advise me in writing if. this appraisal meets with your approval. Thank you for your cooperation in this *Natter. Sincerely, Rim Howard Administrative Assistant Enclosures /kh CC • Z'` ti 0� 22.05.030-22.05.040 in tr:.c =went that the sale is not closed within six months of the aate of a7)nra:Lsal, the buyer will be charged, upon closing, interest computed in accordance with the applicable provisions of the ',enai Municipal Code, based upon the total sales price for the number of days past the expiration of the six-month period. (c) Tax -foreclosed lands not previously set aside for public use shall be sold without regard to, or obtaining, appraised fair market value, either by outcry auction or by competitive sealed bids, at the option of the City Manager, to the highest responsible bidder. Such sale and proceeds thereof shall be subject to the rights of the former record owner and the Kenai Peninsula borough as contained in KMC 22.05.090, KMC 22.05.100, AS 29.53.370, AS 29.53.375, and AS 29.53.380. (Ords. 312, 612, 910, 994) 22.05.040 Sale Procedure: (a) The City Manager will obtain such an appraisal for a determination of the minimum price on said land. (b) Where any party, hereinafter called "Applicant," requests that a tract or tracts of land be sold for which an appraisal will be required, which will require subdividing, platting, or surveying and staking, or which will require advertising or incurring any other expenditures by the City prior to sale, (1) No actions in preparation for sale will be taken by the City until an agreement to purchase shall be properly executed and filed with the City Manager for the purchase of such land with payment of sufficient good faith deposit, which shall consist o.*L' cash or its equivalent deposited with the Finance Officer oz` the City of Kenai, as may be determined by the City Manager, to cover all expenses of the City and such agreement to purchase shall further contain the agreement by applicant to pay any additional costs if said good faith deposit is insufficient to pay all costs incurred by the City. (2) if at any time during the process of preparing for sale, the applicant gives notice to the City Manager of withdrawal of the request for sale, the City Manager shall stop all procedures, shall pay expenses incurred prior to termination of sale procedures, and shall reimburse applicant for any good faith deposit advanced in excess of all expenses incurred. (However, if another party desires the sale to proceed, files an application for sale, executes and files an agreement to purchase, and advances sufficient 22-3 (City of Kenai Supp. #49 - 11/23/88) 22.05.020-22.05.030 lawful method or mode of conveyance or grant. Any instrument requiring execution by the City shall be signed by the City Manager and attested by the City Clerk. The form of any instramant shall be apnroved by the City :attorney. (Ord. 312) 22.05.025 Conveyance to Encourage New Industrial_ Enterprises: (a) Notwithstanding any other provisions of this chapter, where it found that encouragement of a new industrial enterprise would increase the economic stability of the City of Kenai and would be beneficial to the City of Kenai, the City Council by resolution so finding may direct conveyance of one or more parcels of City land by the City Manager to such industrial enterprise upon such terms as to price, conditions of conveyance, and with such contingencies as may be set forth in said resolution. (b) in the evert the land directed to be conveved under subsection (a) above consists in part or in whole of airport lands, then the resolution ordo:rinq its conveyance will not be effective until the City Council by ordinance has appropriated from the general fund to be ded,cated to the Airport investment Reserve the difference between the appraisea lair :aar::et value of said airport lands and the purchase price, if any, set frortn in said resolution. (Ord. 612) 22.05.030 Sale: (a) Lands, except tax -foreclosed lands, to which the City of Kenai holds title which are not restricted from sale by the Deed oi: Conveyance to the City, or which have been released from such restrictions, wnicn the CitY Council has determined are not required for a public purpose, sha-.l be listed for sale by the City Manager, c::cept that lands which have been leased shall not be sold unless the Lessee has iaci.3 a written request to the City to place the land for sale. (b) Sales of land pursuant to subsection (a) above shall be made at not less than fair rark•pt vaius. The purchaser shall execute the "Agreeme For Sale of Land" within si:, months of the date of appraisal. The City Manager has the option to dispose of such properties in accordance with the -sale procedures set out in this Title: (1) By negotiated sale, or; (2) By outcry auction to the highest respoi15ible bidder, or; (3) By competitive sealed bids to the highest responsible bidder. 22-2 (City of Kenai supp. #44 - 5/8/87) MEMORANDUM TO: Dan Roberts File - Purchase of Lots 3A & 3B Baron Park Subdivision FROM: dam. J. Brighton, City Manager DATE: February 20, 1989 RE: Expiration of Appraisal Due to circumstances that were not the fault of Mr. Roberts, the appraisal for these properties expirod before the the s,:,le closed. I am therefore taking exception to KMC 2-2.05.030 (b) which provides tho buyer be charged interest based upon the total sales price for the number of days past the expiration f the si:c-month period until closing. /cc: n Roberts �r WJB/kh AGREEMENT FOR SALE: OF LMID The undersigned applicant hereby agrees to purchase, under the conditions specified in Kenai Municipal Code, Title 22, the property described as: Lot 3B, Baron Park Subdivision, Lot 3 Addition The purchase pricy shall be $ 63,300 a*;u is based on: `i F �i ir :`?.::et Valu a C--:=etitive Bid Payment will 1,e made by: Ca3r nurcrase Ter:^; as ai_o:ae�: bz Litt Dated this ��'�� day of 4 4i� Applicant's Signature address Applicant's Signature address Note: K14C 22.05.030 (b' requires this document be executed within six months of the date of appraisal. AGREEMENT FOR SALE OF LAND The undersigned applicant hereby agrees to purchase, under the conditions specified in Kenai Municipal Code, Title 22, the property described as: Lot 3A, Baron Park Subdivision Lot 3 Addition The purchase price shall be $ 92,800 and is based on: Y Fair Market Value Competitive Bid Payment will be made by: Cash purchase X Terms as allowed by City Dated this day ofu 19 .01 23n ac 1-?13 Waxl.ti A o'— Applicant's Signature Address Applicant's Signature Address Note: KMC 22.05.030 (b) requires this document be executed within six months of the date of appraisal. y `Y l...i ebrua_y 20, 1939 Alaska Title & F sc ro:a tt- - ,.30 Trad: n-- '2---T r oaa, 431-10 LL , __L :Z 3i. r.:♦ ayUi_:. ! 7 MAC �tJFlD"iCJ' Ke'P!!ai,a�1�SbCA Si9611 AX ._ 27.273-201 ne: Clcsin= ct Land Sal.. 'Co Dan :iouerts T J J ':l aG . 3. 3cir JIl .3<l.r.. JlInc:.4..v, .;_...cn Lear �1i1i[3: 7ou are hareny r�uuestaa to nancie cae closing oa: the land sale t_ ansacLlon nesc:: zed aoove. 'au "_u a prev,-cusi-:een turnished a form oz .:J1_].eczion aiureemeIiC ;:32, l-Onrajn: ng ollr account: 1:1:.^. 2r anc oc:jEr inzor:�iation w,i! ;isn -J11 a pc.rcaase or cd t .is propert- is : Jew ./A? Izaroil Zan, �li �:�.v1J1G.1, L.LJz .3 tlC..'.• '. c'3, SOJ0 Lot' .33 13,iron car:: 3 r'iC:.".. _(-).3,'00 TC'fAL S156, 600 The City has racaivac a good faith deposit S500. CO. Please note t--Iat the :enai Nunicipai Core proviaes zc_r t-e buyer paying the cost of a oreliminary co.-mitment ter title insurance and grantee i :dices covPrinc buyer wit : coD_ ics of c e sar,e to go to the City. If the buyer desires a title insurance polic_r on this land, fte must authorize you to pure az;: : I.0 Since that would be at his exaense. Have other papers preoaz- d in accordance with the us�Ial City land transaction procedures, and on anproval of t:1em t e City will prepare the Quitclaim Deed. if you h<<ve any questions, ^lease contact Me at 233-7530. Sincerely, ,t,?��!G%�;L Rim Howard Administrative Assistant /kh v TIM HOGERS i J' Al . LNYO _ TY 01 WhAI r •,?•.. a A Y•CI V too U283.P�6U6 CITY OF KENAI CONSENT TO ASSIGNMENT The Assignment from DAVID C. SWENOR and MARY K. SWENOR to DAN ROBERTS, dated March /9 , 1986, covering the following -described property: Lot Three (3), BARON PARK SUBDIVISION, Kenai Recording District, Third Judicial District, State of Alaska. Is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained in the original Lease above -described. This 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 approval for any subsequent sublease or assignment. tm. J, right,. City Ma aver it i I I STATE OF ALASKA i THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this ZZ.!!1day of , 1986, WM. J. BRIGHTON, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory , evidence of identification, appeared before me and ar,19rrow3•e4ged the voluntary and authorized execution of the forego "y V,i. instrument on behalf of said city. ='`` ;• . Notary Public for Alaska-4- My Commission Expires: �-003333 i ���� FIST ,ACT An 1 9 S7 AH `66 REQUESTED BY-44-7-6 ADDRESS )ss After Recording Mail to: Dan Roberts BOX 2706 Kanui, AK 99611 IAA, r a n se Title Ancho4ageOrarch 701 E. Tudor Fbad, Suite IME Anchorage. AK 99503 C ity of Kenai Fairbanks Branch 7: 210 Fidalgo 5205thAvenu*-_Suite M�' Kenai, AK 99611 Fairbanks. AX99701 907452-2193 F,,t,X 4 51-6334 RE: 397b4 Citv of Kenai/Roberts 1!ureau Branch 221:{3 N.)ardan Avenue Juneau, AK �9601 907-7,89-5232 FAX 139-7305 AMI: Mz. Kim Plcward Dear ilLn; As 1,-ju requested I z=i writing to convey the conversation that I had Kenai Branch 130 Trading Say Road. wit, Mr. Roberts regardirG chiFirst Interstate !reed of Trust on Lot -In SLj:te 390 3B, P=n Park Sul-,d., Lot 3 Addn. speaking wits- Hr. Eobearts he Kenai.AK9_%11 in e indicated liat 1, had spoke TviLi Dana regarding L,._Js matter. Dana 907-M-7503 assurad him that there would I= 'Ce a problem for the CdLy t.0 be in FAX 283-7719 scccrid rosition on Lct 3B !��czuse h,! >uci sufficient ewiity in &i_- property =a �y t r_11-4 City `-It coriorllable being in seccnd ;D-3sin . _on. Kodiak Branch 326 Center Sue% Suke 1033 Apparently she arrived at tha= clecisica b.-cause the Luilding was Kodiak, AK 99615 appraised at $250,000.00 and 'Mr. Roberts only owes $95,000.00 to 4' -h,m e 15% dc� First Interstate. Also she tcck into consid-ration t `.'FAX 4864016 ha Mr. 7 be Twas rrmkirg on Lot 3B. pa)m—nt L it I Zo _rts Seward Branch ',',"3rd Avenue, Box469 Mr. Roberts stated that he Wade the decision to purchase these 'rA:Seward AK99664 _ lots based on this assurance from Dana. hopefully the City will Fjjkj07224-5272 reach &.a sa-,P- conclusion when th--y review the file. Please MX2245272,- discuss this matter with Mr. Brighton and let n-P know so I can proceed .,-ith proparir-, the documents. SoWotna Branch 70 N. Birch Avenue, Suite 10 1 'Soldotna Please feel free to call Tw should you have any questions. AK 99669 lock forkzrd to hearing frcm you. 907-262-5708 FAX 262-9394 SL-r-ereiv, Wasilla Branch 1590 E. Financial 61% d., CIO - Suite 105 "lasilla, AK 9%,87 Wibyu E. Landers, 907-376-5248 Escrow officer 907-274-7223 FAX 37 &- 60 10 cc: Mr. Pan Roberts INFORMATION ITEMS June 7, 1989 Council Meeting 1. Kenai River Inventory - USDA Soil Conservation Service 2. AML Letter to Representative Swackhammer 3. KPB, EDC Agenda for 5/25/89 4. Soldotna Chamber of Commerce Newsletter 5. May 17, 1989 To Do List 6. Resource Development Bulletin 7. KPB Assembly Agenda for June 6, 1989 8. Memo from Public Works: Extend Willow Street to Marathon Road 9. House Concurrent Resolution No. 26: Dealing with the Establishment of Ports Alaska 10. May 23, 1989 Work Session To Do List 11. News Release from Consulate -General of Japan: U.S. Omnibus Trade Act Super 301 12. Transfer of Funds Under $1,000 13. Pay Estimate for Kenai Airport Terminal Remodeling 14. Pay Estimate for Kenai Boating Facility Addition to Parking/Staging Area 15. Homer Electric - Use of City Right of Way for Transmission Facilities jl :;N?I CITY COUNCIL :ARCH 15, 1989 "AGE J Councilwoman idonfor moved, seconded by Councilwoman Swarner, to tell Dan Roberts we are sorry but it is not acceptable to this Council. Councilwoman Monf or. He can pay off the land. But I do not want us to be 2r:d. 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 \1ayor Williams. It is too late to do anyt/.gthis. 11-9 Consent to Assignment - CIIAP - Office Maephen J. TZakash Atty. 1t gers. We have no cbiection. ^y are current. Part of e problem is there was no c „sent to assignment the past. lh 2y had r^ a assignent and did not tell us. MOTICN: \ Councilman 14cCcrosey ).+roved, _,dccnded by Councilman Measles, to accept th�assi�gnment of lease. Motion passed by unanir,6Q consent. H-10 Disc. - City 3oating/Fac1.1 F.-iyor William /Thhis relate; t`ftoia ..-2, it has been taken care of I. ;D''-'I IISTRAT1 11 REPOi_TS Z-1 ttayor mayo Williams spokc- a. Where will be a meeting Narch 18 at City 1all�t °or about one tour, relating to � cries dove oment. ::ccnomic Development Ccmm., bor Ccam., 0gislators, Council, Chamber of crime ce and fish ocessors will attend. Li ai refresnc:en will be served. b. Tie fire trai 'rig school was d' cussed at the teleconference his date. C. The parking lot at the dgek facility. Public Works is hopeful th\.We award the contract in April. The cost taieed the $85,000 Borough participation. (Thetransfer from the dump site to the dock, ) There is more work that is required run as high as $195,000. Council had se asino . We need $110,000 we did not anti pate.Co s of Engineers says this ij the last pewe a getting, this i.s the only 'and we haailab we are sorely in eed of and at the facili It is mania ry that we cue devel ment. we ar.e pro' cing 3-1/2 acrditional nd for this. It s prime, usableerfront lan presently not alvailable . e� its ...y opinionzthzt he --either goes'" fait the deal the Co �fcil origin ly ag -ed to, if the until dew es to 4cceo his counter C. sal, ,at him lk rom all of the rope extent the two h equested and con, e a payment plan. do not think that is rat' nab. alters ative fo he Council ut is a decis' n that th wi have to make. In t meantime, im also ha a copy of that uest from Jesse Wa , and is knowle geable out both of t- situa 'ons I am now di c cing. Dan Roberts: Dan Roberts is in the process s oL purchasincT the Pizza :?ut lot arn_. t-he adj;.ce::t lot t hrou, ,n a nec-Totiated sale_ The title company inrormeu us tiiat the City *could be in a second p^sition on Lot 33 {,with the Pizza Hut). The tirot ncte by the banes:, nd with the Cits takin y a second Ica the transacticn, -.re secona is covering Su_,sraatlally le!Js money than the value o_- the property and -first- i•!y is that % can't rcmc moer whoviier or not the Council :said tide az,not going to Lake seconcs any:;ore or not. `-he Code jr.alcates tt:at .;e car. take a second if the �.econ.: is su_,sta.7itiaiiy a s::,ai7,�r amount than is the first and the value of t.a proU,:_ tlr. Lastly, I 'iavt2 iu:; your ML:l::u that _1 ere7 Sn' t iii't'". iurt-t: :r back a a sit dci✓n" ,Y �`,o\c7'I jo it to wrap c••or of t:ie dap ent heads duri:lcg /kh Se cr rega ing_ thu tuu ,,_�t and hope d:�«t with until ca�g fy rough it. \ie `.ouia be anle C t.`i`t week :av"nq tali; c,to all at same perica. "22.05.040-22.05._)-5 ( i ) If a buyer �'_esires co t: atain a preliminary commitment for title insurance or titl` insurance to the land, i.hen it shall be the responsibility of the buyer to obtain such commitment or insurance and to pay for the sama. (j) If the _ract or tracts of land are cold under `erns by which the City is to accept a note as a portion of the purchase price, the note and accompanying deed of trust must be prepared by an attorney, but must be approved by the City Attorney prior to closing. (k) Said note shall be placed for collection with a bank selected by the City Manager, which may be changed from time to time, and which shall be the bank in which City runds are deposited. The set-up fee to initiate collection may be negotiated as specified in KMC 22.05.040(1), and the buyer shall pay the annual collection fees for such bank collection. (1) To enable the City to compete on an equal basis with private enterprise in lands disposal, the City flanager is hereby authorized to neaotiate a divis,_cn of the costs cE sale listed in KMC 22.05.040(a) (h)'_? (j) and ':,) to a maximum. of .:.fty percent (50%) of the required costs oeinq borne by the C--t , provided however that no costs o't sale will be paid by the '':izy U7rere a sale is negotiated. at a pre ca stow appraisea rair 'lari.et Value. (Ords. 312, n_', 336, :_J, _'7, 99•4, �..:0-obi 22.05.045 ,e-77s _-or i_..nci :C] Saie oT r T ands (a) order to expedite ana facilitate zne sale of City lances, the City Manager is hereby aut:.oriseo to accept -.er ^:s ror LL ai a sales and may accept a rote secured by a ut:t'ed of trust ror a portion of the purchase price t.nerc'JL, -3'- c t :0 :ie f311ow1- . 9 r strictions; ( y ) If to_� i,_-ss ue ,ono .-.as p-Lucect a lien for t; nancing up on _. e land, or improveme.nts , za en the City ti Manager is not 3uL.:Or1'.:�,d z:iJ aeil tI'i�-'-' l:i.,a ;f.Cept for total cash payment, provided, icwever, ,hat the City Manager may accept a note secured ,y a dead of trust subordinate to the existing security interest if the amount ..i the note thereby secured is wit;lin the dif=erence Letween the fair market value of the land with improvements, and the sun of all prior security interests. The sale documents shall be subject to the same restrictions contained in the lease as the lease provides at the time of sale. (2) Prior to making a -determination to accept a note and deed of trust from a prospective purchaser, the City manager shall secure a grantee index covering the party desiring to purchase the land from the title company int he recording district in which said party resides and also in 22-6 (city of Kenai supp. #49 - 11/23/88) 22.05.040-22.05.050 local recordin a �ftistr'? ct, and no credit !,ill be advanced on such sale if `:,ere are any c.el ?nt laads orur_paid jud ;meats found in the title ccr.p - _ z-por= until any such jud;aments -_ --,r2 paid and __elcases therefor rave been fi1�d. (3) in tha .vent of a crecit sale, the ro-m payment required shall be determined by the City Alanager, but shall not be less than ,.i.'fft .en percent 1,15i0 of `-- :ales price. (4) The City Manacger is not authorized to accept terms for the sale of to:, -fors -closed lands unless the down payment to be received thereunder, or other sums appropriated for the purpose, are sufficient to :sake immediate payment to the Kenai Peninsula Borough and the former record owner of the sums which are, or may become, due to them pursuant to the provisions of AS 29.53.330. (b) Tthe City manaaer determines ..hat nt le City's interest to ._ sell Cit• ands, the sale stall a_thera cash transaction or by a _.ora secured by a ceed of __ st, suo;ect to Paragraph (a) above, ana bDY no other -sans. The note and deed of trust shall carry terns as follo-�s: ^."_e term of suc- nc_� may be set by :ne City Imager, but. is sna! l provide z c r ".O. ^1`7 _^..aV;1 ears and not exceed twenty (20) years unless a longer ?erica =cr a specific sale cf land is approved by resoluticn cf City Council. (2) Such note shall b ar inceres z a race to ve determined by zne City Council by reso-uti c res. 2, 1 711, '001) 22. 05. 050 Letermina uion as -c 'se : (:a ) Whether land shall bs acquired, retlir_aci, :��otec, cr z ricatad to a public use shall he determined :y vrc:.la:ac' which snal1 contain the public use for which said prcparty IS to oe dedicated, the legal description of the .rope=tl, and t e address or a general description of the propert. to :rcvide the public with notice of its locazic:. (b) Whether laird previously d-d:.cated tc a public use should be dedicated to a different public use or sould no longer be needed for public use shall be determined by the City Council by ordinance which shall contain the new public use for which said property is to be dedicated or the reason the land is no longer needed for public use, the legal description of the property, and the address or a general description cIf the property sufficient to provide the public ;oit:. notice of its location. 22-7 (City of Kenai Supp. #51 - 5/9/89) V. O. e tract 6f rt T 4T r to 'i t 31- n t Q,.,L or COU n C i I.—, -m 1,2 V 11 0 r o".1, t h a I, o 1 4 a 'h ho d�11--Ant ot him t I L' Cc= i _- s ion el- on -,t f3 an'. 3b of •_,,lzi why it w_s a-, " St-1, -- r a 1: 1 "4 1 L; a 1:, -, (T 1 "0. S I a u I d occ-'..'i and iaiit to i -it "n i;; w'-ij Cn n t C 'I ! :dz- for Pizza Con-mlsoioner L-,si2j if tni;.; .ia,-_i been cone .4n the Past, a= -.,or vos, .,It-- now Own a 1"j-'ry Queen. 2 Cor -p U u•dai n(T. I L :jb r C_1 .:an- rl�2,--`C 7 C, mis ('11 V, 7 Son-' 11. LNFORMAT10N �-:j S a. Cityy Ouncil No ccroi nts -b. 7S,-xiskv Peolv Ci ttorney i:cgurs 'or provi::(�Cj ci written T %yt- mul r4onse. ha i 'Int:Zpated ',!i. Sar _j tcmioht a 'I igr 'Alpiort your pos t ici�, arA, ,.it 'u- cit", CC'u Here nc'l land the 73uildi� I T o c Z: 0 r a::,! hy- rAl �A! t 6 c r i t y f o r he position I ch 1 p,�t2 —A-S t 0 to 1 a C J_: j/'_I'j 0 r S Ll r 1" PZ11:t. L t C 1 n c Comcm,d p,Ar graph 'h re missioner :3i-ot�.�in coferri.,U e _vj, disa,-rees wit ;IID intorpretat r having I of the bui ding in, PC having ey ers: the author.it% ration.to make that d- er' ration. LY Atrzc�7,-I National Mortgage Co. MORTGAGE BANKERS SINCE 1924 :SO AMERICAN BANK BUILDING 921 SOUTHWEST MORRISON STREET PORTLAND. OREGON 97203.91300 $031226.2061 November 23, 1988 y.4� l Z� G' Dan & Jacqulyn Roberts Box 4174 Kenai, Alaska 99611 RE: Loan secured by Deed of Trust Dear Mr. and I -Ira. Roberts: As per the enclosed letter from the I'DIC, your Mote and Trust Deed have been purchased from the FDIC by national 1-lortgage Co. All future payments should be made payable to 1 ttional i•Iortgage Co. A supply of Self-addressed envelopes is enclosed for your convenience in making the monthly payments. 'rational does not utilise payment coupon:. An annual statement of your account showing the principal balance and interest paid to National :'ortgage Co. durinL the year will be sent to you in January of each year along with a new supply of payment envelopes. If you need to know the principal balance of your loan at an interim date, please let me know. Per the terms of your 'rote, interest is calcuiated at Seattle first National Sank of Washin,vton':j b^.ae rate (which is based on the Wall Street Prime, currently 10.='.) plus 2.51t with the rate adjusting on the date of any change in the Wall Street Prime. Your current rate is 12.50% (prime of 10% plus 2.5,%). Per records received from the ?DIC, the current principal balance of your loan is C1C2,118.57 with interest paid to 11ovember 1, 198R . Your next payment due date is December 1st in the amount of W1,793.39 with a similar amount due on the 1 t of each month. We look forward to working with you on this loan. If you have any questions regarding any of the above, please do not hesitate to contact me. Sincerely, Brenda Lund 6- W+�Gvu /Lf Gam. ,Y 4. Q f P--el iI 'Y tAOATICA09 .iANXV:M1ff fSINC2 1*24 " 1 '40 �-.)O AMZrt'.CAN VANX OUILDN J21 &OU"4%VT0T UOMRISON 3TnICT POPITLAW O1qZ*ON 97.203-31300 Tot_ Danielle Roberts 233-491 COMPANY3 Construction-Servic.-A) ROM I Brenda Lund t-'Z';SAGZ tR E: 111ortgage Loan Dan & %J'JCqLfllyr, r-lobzrt5 Daniell a: Raj r P h o n .- c v Ta r s n ,I a,YLo, lnforriation .)n n jc)ay.-ra , farirc!d !,:;:in oo '4 Ca 115 92 Dian: ,3 5 2 2 If you have any questions, please give me a call, Sincerely, Brenda Lund DATE/Time DISPATCHEDi— nc4t r.7,x 1150-31 226-62"44 11) 0 , J 1! LAJ 0) O cr cl. 1 N ;.!oRTGAGE BANKE.715 SIN'-: 1J24 550 AMFRICAN DANK DUILDI'1: :iI 50UT1-4WEST 6R0R"!l^CN SIRE' T FCRTI_A.4'D. CREGON 9720-, 3i700 ?U2/2.:3-.*6GI Mny 31, 1-989 'an `4 .3" Cqulyn Roborts P.O. LOX 4196 Kenai, AK 99611 I:F.' : Mort-g ag"a Loan Cea"r ZIr. and Firs. 3.^''�nr s: U'ji-th our June 1 pa•_�_aent you seer.- a request fora receipt showirg the balance of your loan. :1at:io:.al .ortc age Co. does not utilize ::eCc' ts. However, n1 an encicsin,4 a rrint:.o:ut of your loan wiiich show,, l«=a p-,vments fJJ:,C---d thu iar In 1989 and the cur::ent balance (attar r owing of t :ia r aymont ro--cived 5/30/39) . The current balance of would apply to a payoff any time prior to June 1, 1939. 1:1`1 i:L.i.''`: r, por dicta interost of $34.56 woa d need to be added for ea;n cdatir, Jane I through date of payoff. If �:ou have ant, C111o.'. i:lol'.s .L'�ogar�11iiq 'yCl' cincloscd, p lozi—e do not hosi--ate to I;on"ca.-- �� �l�verely i= 111: c o3i1 :IU —I e :c3^".j C) C, Enclosure J.._ .., 41 i 3 iti; _U.:'>i;.;icU .- :i:• i t ' 1 F M:a AET 30 DAYS --L�_---- General Construction • Welding Excavation Gen-3ral Construction • Welding Excavation - General Constructic 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 nassenver terminal building at the Airport, as it presently exists as of the date of the execution of this Agreement. F. "Food and Beverage for 'On Premises Consumption"': Food and beverage items which are prepared and served to the customer for immediate consumption on, or in the immediate vicinity of a concession premises. G. "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.. H. "Premises": The TERMINAL floor space leasea under this Agreement by the CITY to the CONCESSIONAIRE for the uses authorized in this Agreement, specifically to operate a bar concession business zor the purpose of proviaing a lounge and sale of alconoi by the drink for the convenience of the traveling public in said TERMINAL for a concession retail space; a.Ll as shown on Exhibit "A", attached hereto and made a part hereor. I. "Specialty Food Merchandise": Food items which nave been prepared, packaged, aaa sold for Off -Premises consumption only, specifically: jams and jellies; boxed candies, nuts and fruits; fresh, frozen, canned, dried or preserved meat and sea�ood prouucts. 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 bar concession business in the TERMINAL for the purpose of 2 - BAR CONCESSION AGREEMENT LESSOR: LESSEE: C—/ Suggested by: City Council CITY OF KENAI ORDINANCE 1324-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KENAI MUNICIPAL CODE, CHAPTER 23.50.010(a), ENTITLED EMPLOYEE CLASSIFICATION, BY THE ADDITION OF A CLASS TITLE AND PAY RANGE FOR A PERSONNEL OFFICER. WHEREAS, the Kenai City Council has funded a personnel officer position in t operating budget, and WHEREAS; this position is needed to help the City comply with standard employment practices and with Federal and State employment laws. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.50.010(a) be amended as follows: 23.50.010 Employee Classification: City employees shall be classified by Class, Title, and Pay Range as follows: CLASS CODE CLASS TITLE RANGE (a) SUPERVISORY AND PROFESSIONAL 101 City Manager NG 102 City Attorney NG 103 City Clerk NG 104 Finance Director* 24 105 Public Works Director* 24 106 Police Chief* 22 107 Fire Chief* 22 108 Senior Accountant 19 109 City Engineer 19 110 Code Enforcement Officer 17 ill Airport Manager* 17 112 Land Manager 17 113 Deputy City Attorney 16 114 Dock Manager 13 115 Personnel Officer 16 1 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of June, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: Second Reading: Effective Date: Approved by Finance: (5/26/89) jal June 7, 1989 June 21 „ 1989 July 21, 1989 c-� Suggested by: City Council City of Kenai ORDINANGB NO. 1325-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $15,000, IN THE "SUSIEANA LANE PAVING" PROJECT FOR PAVING OF THE SENIOR CITIZEN CENTER PARKING LOT. WHEREAS, the Kenai City Council desires to expand the scope of the Susieana Lane Paving Project to include paving of the parking area of the Senior Citizen Center, and WHEREAS, this is an allowable use of the 1986 legislative grant for road improvements, and WHEREAS, grant monies are available due to projected under -runs in the VIP capital project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased <decreased> as follows: Susieana Lane Paving Increase Estimated Revenues: 1986 Road Grant Increase Appropriations: Inspection Construction VIP Paving Decrease Estimated Revenues: 1986 Road Grant Decrease Appropriations: Construction $15,000 $ 500 14,500 $15,000 <15 000> $<15,000> PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of June, 1989. ATTEST: Janet Ruotsala, City Clerk Approved by Finance: C 9© (6/2/89) jal JOHN J. WILLIAMS, MAYOR First Reading: Second Reading: Effective Date: June 7, 1989 June 21, 1989 June 21, 1989 K C %W 3 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 89-47 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE PAVING OF SUSIEANNA LANE AND TUB SMIOR CAR PAR]CING LOT IMPROVEMENTS TO HARLBY' S TRUCKING FOR THE TOTAL CONSTRUCTION AMOUNT OF $48,077.00 WHICH INCLUDES $38,227.00 FOR SUSIEANNA LANE AND $9,850.00 FOR THE SENIOR CENTER PARKING LOT. WHEREAS, the following bids were received on June 15, 1989 for the above referenced project: CONTRACTOR SUSIEANNA LANE SENIOR CENTER TOTAL BID Harley's Trucking $38,227.00 $ 9,850.00 $48,077.00 Quality Asphalt $49,345.00 $12,900.00 $62,245.00 Engineer's Estimate $40,218.00 $12,300.00 $52,518.00 WHEREAS, this resolution and award of the project is contingent upon Council approval, and WHEREAS, the recommendation from the Public Works Department is to award the contract to Harley's Trucking for the total bid for the construction cost of $48,077.00 and WHEREAS, the Council of the City of Kenai has determined that Harley's Trucking's total bid is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of SUSIEAMA LANB AND SENIOR CENTER PARKING LOT be awarded to HARLEY'S TRUCKING for the total construction amount of $48,077.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of June , 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance Ce Written by Public Works C - 5' Suggested by: Administration CITY OF KENAI RESOLUTION NO. 89-48 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1988-89 GENERAL FUND BUDGET: From: Police - Rentals Fire - Transportation To: Police - Repair & Maint. Fire - Repair & Maint. Fire - Repair & Maint. Supplies $1,420.40 750.00 $2,170.40 $1,420.40 200.00 550.00 $2,170.40 This transfer provides money for boiler room repairs in the Public Safety Building. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of June, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: ��tQ (6/16/89) jal Suggested by: Mayor Williams CITY OF KENAI RESOLUTION 89-49 A RESOLUTION OF THE CITY OF KENAI, ALASKA, IN SUPPORT OF LOCATING A COLD WATER HELICOPTER TRAINING AND RECOVERY SCHOOL IN THE CITY OF KENAI AND DEDICATING AIRPORT,LANDS FOR THAT PURPOSE. WHEREAS, the City of Kenai is strategically located in Southcentral Alaska for helicopter recovery training schools, and WHEREAS, there is an availability of infrastructure to handle and develop the ongoing operation of a facility of this type, and WHEREAS, the University of Alaska Mining and Petroleum Extension Service would become the primary operator of this facility, and WHEREAS, the City of Kenai airport and its facilities are available for this type of training center and this type of training center would not be detrimental to the environment of either the City of Kenai or its airport, and WHEREAS, the citizens of the City of Kenai have accepted a proposal of placing this type of facility within our community. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that they support the dedication of City airport lands necessary for the development of this project. BE IT FURTHER RESOLVED that the City of Kenai will ��- Aad-make available water and sewer utility ±+-m- te S sty -.for use by this facility. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of June, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk 1791-18l1 CITY OF KENAI G'd1a4;W tV 4" 210 FlQALGO KENAI, ALASKA 99011 TELEPHONE M . 7535 FAX 907-283-3014 MEMORANDUM TO: Mayor Williams and City Council FROM: Beuatification Committee Kayo McGillivray, Director DATE: June 15, 1989 RE: Welcome to Kenai Sign An update for your information: The Council assigned the task of finding appropriate wording for the back side of the Welcome to Kenai Sign. Since that time, the Committee has held four meetings and two phone polls and have finalized the attached plans. Mr. Sherman has ordered the letters and the sign should be completed within the next 30 days. Total cost of the project is $696. I «rte 'l, 1`7g9 o: kenai City Councit Memebers: -le the residents/taxpayers of Eagle Rock Place and Tern Place in Kenai request that the Kenai City Council reconsider the paving assessment. of 50% assigned us in 1986 for strip paving. The residents agreed to pay the 50 » in order to relieve themselves of the dust caused by _, the increased traffic due to the campground/boat launch at the end of Eagle Rock Place. At that time the residents received a letter stating that due to the decreased funds received from the state, residents would have to begin sharing costs of road pavvtng. in 198 i Marathon Road was paved at no costs to the property owners. Tien in 1988 Swires Road was paved with no cost to the property owner. ';nw we find that v Lindwood/Candlelight and East Aliak/Highbush property owners are heing assessed 12'1 cor paving. NTe, the property owners on Ealge Rock and Tian Place wash cnly fair treatment by our Kenai City Council. w e are asking you, the council members, to reconsider ()ur assessment percentage and lower it to that of VIP, Candlelight and Ilighbush-12'�. Thank you. UU'qo Qµi Y CC Kenai City Council Peninsula Clarion \oew 8Z ► I I I � r + it 41 ► + Fit i= # + F+ :I + z# o n Ic oG + z+ N sn O' Q + :J # to tS• N j ++ �{ w o '� q ooa a O a s❑ +a+co co to co I + u m H m 'D O•{ # + to .+ m � i « {s Obi m V•y + + N I * a I a + + u + + + + I + + I I « + I a Pq + + V4 i I i i+ I w to Ln s a F 41 + � + W w' � {+i p4 :✓� P4 I I t' f� pq RO'a In j + U# # # V] V] H W U U WW Gi Z z W W « U+ + U# Z O Z I O I I + + + + #I + +, # w w I z ► , + + i t + + > H 1 + I # 1 W ii ,?I +I + P4 + + 41 ► + a Li ,, W, C� H�I + Z i W [aZ[a�� {! A In .I VI i .-i =- # L.) +j E. V]co > 00 v a a,41 O 1 + ' + « t= + F # + W + is + + E H #I + +j + + # F a +I + I + P4 + + + + + tt ++ i j] W P U ► i= + #� + is z+ W Fa l W 1 + H��-•{{+ o ,A i �� {tI H+ t0 U+ W W + t/1 + ❑ ?i .t � # + +I W 41 7i LIi m « + I i is _ + + # + .i + Ij + ( it + N '« + 4. + + + U I p41 U4d o y 0 .. {; + r +I + w H U .+ Z+ + U ; W p� w +• + H 7 N U O+ + H H93. ul - O W H « +, + to z F + I* 04 W ¢ to F�7 H { IF+ I+ i F ,In uj Q ( au. u In I Z O d O+ w V P4 + O is p4 +, P.0 I w•+r I a; O a I O q ¢ z O+ W« w+'>« D O Q 1 I I I I t NHITE - VENDOR .GOLDENROD - ACCOUNTING :ANARY - ACCOUNTING 3LUE - SHIPPING RECEIVING 3REEN - APPROVED COPY SINK - REQUISITIONER TO PURCHASE ORDER CITY OFKENAI 210 FIDALGO ST. PHONE 2B3-7538 KENAI, ALASKA 99611 VENDOR NO. iviAi', , lljC. 2025 'airport iay 3o. Sox C 34500 Seattle, 9381?!4 SHIP VIA: BY r THIS PURCHASE ORDER tNUMKR #AM APPEAR ON ALL PACKAGES AM PAPERS RELATING TO THIS PUR. CHASE. me. Date 6-20-89 DRIVINY DATE PREPAY SHIPPING - CHARGE VO-6 I PER OWTA-T-57- PW4PJqU UORDUM PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY I SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. DESCRIPTION OR ARTICLE CRANTITY CWDIMD UNIT L"T PRICE AMOUNT F-2-E Mack fire truck Steering box, control arm and mounting bracket change over kit. 1 $1,360.1 Freight to Seattle, ESTIMATED. 75.0 141, TOTAL 1 - $1,435.1! - BER ANnAIT CSHOP DEPARTMENT JA ; 011.32-2023 $1,435. 9 11 W// i 0By— DEPARFA*NT READ L dNHITE - VENDOR :GOLDENROD - ACCOUNTING ;ANARY - ACCOUNTING SLUE - SHIPPING & RECEIVING ,BEEN - APPROVED COPY LINK - REQUISITIONER PURCHASE ORDER CITY OF KENAI 210 FIDALQO ST. PHONE 283.7638 KENAI, ALASKA 991611 VENDOR NO. F TO Bulldog Computer Products 3241-E Washington Road Martinez, GA -30907 L ITEM NO. SHIP VIA: PREPAY SHIPPING • CHARGE I FO.6. SEPARATE ON INVOICE DESCRIPTION OR ARTICLE Attn: Alice SMith, Sales BY THIS PURCHASE ORDER NUMBER MUST APPEAR ON ALL PACKAGES AND PAPERS RELATING TO THIS PUR- CHASE. No. Dore 6/21/89 PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ouAwnrr UNIT UNIT PRICE AMOUNT ODD HP ScanJet Plus (for 286 Desk Pro, Compaq) 1 ea. $1,199 $1,199 12 MH, 80 MG HD) Interface 1 lea. 399 399 Shipping/Handling & Insurance(3% of total) 47.94 011.12.8064 $1,645 94 TOTAL 1$1,645.94 I ! I al i. 1'o � I s o o v 0 0 o i. I H is O 10 N O O CA O O iV ! .Z a ., 7 i i i a 5 a GC. a i.! O. O. O h O co O tD i L% 1 .t N 04 N X a al LO a w ! I V1 a a H H a w ? v0i Ln I v0i W 5 q 1 CY WW it is % H V1 W W z I it I F � w H '' �� w I •: � � d:1 a .4 H � '�^y �1 W I W is I a.ry is '!. ✓ F P4 2 �% p( is :) i. H w w O H H d °� H it i, Ln a w cxi w is W na w W is ¢ c4 i + o a as is is ii a i' is N p4 it i I Cj Z U i. It 1 _ O w O H p4 i.I is W F. W W U H O z ! a W i. 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I c' I a tFi a z I `I i N.R ,'f-3 Suggested by: City Council City of Kenai ORDINANCE NO. 1326-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $105,000, IN A NEW CAPITAL PROJECT FUND ENTITLED "WILLOW STREET EXTENSION". WHEREAS, the City Council desires to construct a gravel extension of Willow Street north to connect with Marathon Road, and WHEREAS, this road will open additional Airport lands for development, and therefore, use of Airport monies for construction is justified. 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 $105,000 Increase Appropriations: Airport Land - Transfers $105,000 Willow Street Extension Increase Estimated Revenues: Transfer from Airport Land System $105,000 Increase Appropriations: Administration $ 2,000 Inspection 5,000 Construction 98,000 $105,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of July, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: Second Reading: Effective Date: Approved by Finance: QQ (6/14/89) June 21, 1989 July 5, 1989 July 5, 1989 44� City Allomey CITY OF KENAI Z1OFieago IOM�1. AJMka 9i61 t 9143,34at FAXan-VU C A. PARTIES• C CITY OF KENAI SENIOR CITIZENS CENTER REAL AGRSIXENT This Agreement, made and entered into 198, between the Citizens Center, hereinafter referred to as LESSEE. B . MUM SPACE: this day of City of Kenai Senior to as LESSOR, and hereinafter referred The LESSEE agrees to quit and surrender the demised premises to the LESSOR at the end of the term, in the same condition as date of commencement of this rental agreement, ordinary use and wear thereof excepted. C. PURPOSE: The aforementioned space to be used solely for the purpose, and no other, of: D. USE DATES: 1. Under this Agreement, use of the rented space shall commence at o'clock, M. on for the purpose of said event, and shall end at o'clock M. on Vacation of the premises must be completed by o'clock M. on 2. Time is. of the essence in this Agreement. The time herein granted shall not be extended for any purpose without the express written permission of the City of Kenai Senior Citizens Center Director (hereinafter Director). If such permission is granted, all additional time shall. be paid for by the LESSEE, according to the schedule of fees fixed by the Director. S. LEASE TERMS: 1. LESSEE agrees to pay LESSOR for the use of rented space the amount of DOLLARS ($ ) for the time period stated above. Said payment is due at the time of the signing of this Agreement. 1 - SENIOR CITIZENS' CENTER RENTAL AGREEMENT LESSEE: LESSOR: Timothy J. Room City AUG"Wy CITY OF KENIW tlosro.go KMwL Awb Mb11 M 2441 lgtJl7tM14 C C 2. LESSEE agrees to deposit, at the time of the signing of this Agreement, the amount of DOLLARS ($ ) as a deposit to cover rental, incidental expenses and damages. 3. It is agreed that if the LESSEE fails to hold the event specified herein above, at the agreed time, no rental or deposit refund shall be made. 4. LESSEE shall not have access to or use of kitchen facilities on the premises unless specifically agreed to in the lease and LESSEE pays the additional fee as set by the Director. Should LESSEE contract with the LESSOR for use of the kitchen facilities, such use shall be specified and set forth in the Special Conditions section of this lease. 5. LESSEE agrees to limit and control smoking by guests, employees, invitees, and any other person allowed to use the premises by the LESSEE to the designated smoking areas as set out by the LESSOR pursuant to A.S. 18.35.300-355. 6. LESSEE shall not cause or allow any person on the demised premises to sell or solicit for sale any item. 7. LESSEE may not have access to use of the piano on sai premises unless specifically agreed to in the lease and LESSEE pays the additional fee as set by the Director. Should LESSEE contract with the LESSOR for use of the piano, such use shall be specified and set forth in the Special Conditions section of this lease. Use of the organ is absolutely prohibited. F. CLEANUP• The LESSEE agrees to return the premises in as clean and orderly condition as received at the start of said lease. Furniture shall be returned to the position it was in at the start of said lease. Should the promises not be returned in such a manner as outlined above, .the LESSOR shall deduct cost of cleanup from the deposit. Should the cost of cleanup exceed the deposit amount, the LESSEE shall pay the additional cost to the LESSOR upon demand. G . INDENNIFICATION :_ LESSEE agrees to indemnify and defend and save harmless, the LESSOR' against any and all claims for personal injury or property damage resulting directly or indirectly from any act, incident, or Z - SENIOR CITIZENS' CENTER RENTAL AGREEMENT LESSEE: LESSOR: TM� J.11a�p��s CKY A"O—Y CITY OR KENAI xlo ndv pp Kaetl, AINMa M611 2834"1 FAX 2dr9ti1014 accident, occurring as a result of the acts, errors or omissions, of the LESSEE or its agents, guests, invitees, or employees, arising in connection with the operations, use, or occupancy of the premises by LESSEE. H. GENERAL TERMS AID CONDITIONS OF USE AND OPERATION: 1. LESSEE may not assign or sublet this lease. 2. LESSEE agrees that at all times he will conduct his activities with full regard to public safety, and will observe and abide by all applicable regulations and requests by duly authorized agencies responsible for public safety. 3. LESSEE will comply with all laws of the United States and State of Alaska; all municipal ordinances; and all lawful orders of the police and fire departments, or other municipal authorities; and will obtain, and pay for all necessary permits and licenses and will not do, nor allow to be done, anything on said premises during the term of this lease in violation of any such laws, ordinances, rules or orders. 4. LESSEE shall not admit to said premises a larger number of persons than pan safely and freely move about in said premises; and the decision of LESSOR in this respect shall be final. It is further understood and agreed that LESSEE will permit no chairs or seats to remain in the passageways or fire exits in said premises and will keep all passageways and fire exists clear at all times; and that the sidewalks, grounds, entries, passages, vestibules, halls, abutting streets, and all ways of access to public utilities of said premises, shall not be obstructed by LESSEE or used for any purpose other than for ingress to and egress from demised premises. 5: LESSEE shall not injure, nor in any manner deface said building or premises; and shall not permit anything to be done whereby said building or premises shall be in any manner injured or marred, or defaced, nor shall LESSEE drive, nor permit to be driven, any nails, hooks, tacks, or screws, in any part of the building, nor shall LESSEE make, or allow to be made, any alteration of any kind therein. That if said premises, or any portion of said building or grounds, during the term of this lease, ohall be damaged by the act, default, or negligence of LESSEE or by LESSEE'S agents, employees, guests, invitees, or any person, or persons admitted to said premises by said LESSEE, the LESSEE will pay LESSOR upon demand such sum as shall be necessary to restore said premises to their original condition. 3 - SENIOR CITIZENS' CENTER RENTAL AGREEMENT LESSEE: LESSOR: J TWA*" s. A"Ws C"A"on" MY OF KEUM 2"FkW" 2@9JMt ea v w..r... r C 6. LESSOR does not relinquish and does hereby retain the right to enforce all necessary laws rules, and regulations, for the management and operations of said premises. LESSOR retains the right to enter the demised premises at any time and on any occasion, without any restrictions whatsoever. 7. LESSOR reserves the right to eject, or cause to be ejected, from the premises any disorderly person; and neither LESSOR nor any of its officers, agents, or employees, shall be liable to LESSEE for any damages that may be sustained by and through the exercise of such right. S. LESSEE will not allow beer, wine, liquor, or alcoholic beverages of any kind to be sold, upon said premises without the express written con ez3t of LESSOR. Should the City agree to allowAalcoholic beverages on the premises, a vendor licensed by the Alaska Alcoholic Beverage Control Board must dispense any and all alcohol beverages on the premises. The vendor must have, during LESSEE's occupancy of said premises, a policy of public liability and property damage insurance resulting from in any manner the use of alcoholic beverages on the premises. Said policy must be from a reliable insurance company authorized to transact lousiness in the State of Alaska and subject to suit i-. Alaska. $ for injuries, including death, sustained by one person. $ for injuries, including death, to two or more persons. $ for property damage. LESSEE agrees to furnish and place on file with LESSOR, a copy of said policy or a certificate that a policy of insurance has been issued, at the time of execution of this Agreement. The policy is subject to approval by LESSOR. 9. The premises are to be used fo non-commercial purposes only. LESSEE shall not allow the premises to be used for commercial purposes in any manner. The Kenai City Manager shall be the sole authority for determining which purposes are commercial. 4 - SENIOR CITIZENS' CENTER RENTAL AGREEMENT LESSEE: LESSOR: 19 Tl ne" J. Ropers City Attofnoy CITY OF KENAI 210 ndalpo Kanal. Alaska Ml l 11p3.3"1 PAY?Il' V"& 10. Special Conditions: LESSEE agrees to accept all terms and conditions of this Agreement. Any decision affecting any matter not herein expressly provided shall rest solely within the discretion of the City of Kenai Senior Citizen Center Director. IN WITNESS WHEREOF, WE the said parties herein set our signatures this day of 198 LESSOR: LESSEE: By: Wm. J. Brighton City Manager (Signature) (Print name of LESSEE) 5 - SENIOR CITIZENS' CENTER RENTAL AGREEMENT LESSEE: LESSOR: TO: FROM: DATE: MEMORANDUM Kim Howard, Administrative Assistant Charles A. Brown, Finance Director e4Q June 16, 1989 SUBJECT: Royce Roberts' Request for Partial Reconveyance Royce Roberts has requested that his deed of trust on Tracts D-1 through D-7 be amended to add a provision for partial reconveyance. If the Council desires to grant his request, we should follow the same format as with previous partial reconveyance provisions. Notably, the principal reductions required to release each tract all add to the sales price (not the amount of the note), and no part of the down payment shall apply toward a partial reconveyance. Based upon a review of the sale documents and the appraisal, I have calculated a proposed partial reconveyance schedule as follows: Tract D-1 Tract D-2 Tract D-3 Tract D-4 Tract D-5 Tract D-6 Tract D-7 Total (sales price) Principal Reduction $ 45,740 6,120 40,475 133,255 155,375 28,180 44,355 453,500 Here are some facts relating to this sale: Sale Price (1-10-85) $ 453,500.00 Down Payment (68,025.00) Note $ 385,475.00 a,. Total annual payments made through today $ 214,978.67 Payments applied to interest (143,379.27) Payments applied to principal 71,599.40 Remaining amount of note $ 313.875.60 It is only the $71,599.40 that would be available to use toward partial reconveyances. As to the question of whether the City should grant a partial reconveyance provision, it is obvious that we have in the past and could continue to do so (we want to be fair, of course). But, generally, whenever you find a positive argument, you also can find a negative argument if you look hard enough; here is mine. Let us assume that Mr. Roberts has decided to give up this land purchase (as Mr. Wade recently did on neighboring lots - he had a partial reconveyance clause). We have at least two distinct possibilities: 1) City refuses to grant his request In this case, Mr. Roberts and the City may agree to cancel the note. The City gets all the land back and Mr. Roberts has lost everything he has paid. 2) City grants his request In this case Mr. Roberts does the following, in this order: a) Immediately exercises his right to release and take title to Tracts D-3 and D-6, at a cost of $68,655. Of course, he pays no money to do this; he simply uses the $71,599 already available to him. b) He asks Council to cancel the note. The City will get back Tracts D-1, D-2, D-4, D-5, and D-7. Mr. Roberts keeps D-3 and D-6. Considering that the Council has never refused a request of a land purchaser to back out of the deal, this scenario is not unrealistic. If this scenario is played out, the City will lose two lots valued at $68,655 for no good reason. I suppose that the City could protect itself by granting the request for partial reconveyance, and also making a statement that it will not agree to a cancellation of the land sale. The Legal Department should be consulted as to the enforcement of collection should Mr. Roberts want to unilaterally cancel. CAB/tmh cc: Tim Rogers, City Attorney memo/roberts.doc 1111213�� (�-Cekk'lz 09�2VN,q 1eAllZ 9Z 52�2 June 14, 1989 Mr. Bill Brighton City Manager CITY OF KENAI 210 Fidalgo Kenai, Alaska 99611 Dear Bill: ROYCE G. ROBERTS P. 0. Box 612 Kenai, Alaska 99611 By this letter I am formally requesting that the "Partial Release Clause" be included in the real estate contract on Section 36, Parcel D that I have with the City of Kenai. I feel that this clause should be included in my contract as it is in the others. If you need further information in order to process this request please do not hesitate to contact me. Sincerely , eoyceG. o e is # 1- .0600, 1791-1 CITY OF MW4 "Od CafwW 4 44&dtall 210 R ALW emu, ALASU •kill TELEP ONE 283 - MS FAX 907-283.3014 June 15, 1989 TO: Council FROM: Janet Ruotsala City Clerk RE: Comm/Comm Secretarial Bid Bid opening for the secretarial services contract was June 15, 1989. There were two bids submitted: Patti Truesdell Lee's Secretarial jr $15.00 hr/$525 Month (average) $18.00 hr/$630 Month (average) H- 8 and City of Kenai Janet Ruotsala, City Clerk 210 Fidalgo Kenai, Alaska 9%1 1 Ms. Ruotsala, onic thing Reprinting the City of Kenai brochure, as is, with no changes to the first edition will cost $5,937.50. That breaks down to a cost per issue of about $5.94 each. This price is for 1000 copies. The reprinting cost is contingent upon no price increases on the paper used by Art Waters at Dean's Printing, with a minimum of eight weeks delivery time upon approval. Thank you for your inquiry and interest. If you have any questions please don't hesitate to call. I am looking forward to hearing from you. S'ncerely, 01, 1010 Minke Drive Kenai, Alaska 99611 (907) 283-5316 to" J. Wodan City Attorney CITY OF KENAI 2W FWa1po Kenai, Alaska MI I M3441 FAX 21*3014 .� - 3 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI IN RE: CITY OF KENAI ) 1989 FORECLOSURE OF 1988, ) DELINQUENT SPECIAL ) ASSESSMENTS ) CIVIL ACTION NO. 3KN-89-131 State of Alaska. TWO Disuict at KENAI MAY 31 1989 Claw ut Me Cxwrts IV_ -- Deru 0I JUDGMENT AND DECREE OF FORECLOSURE The Court having examined the records and files herein and being fully advised in the premises, finds: 1. That Petition for Judgment and Decree herein was duly filed on February 16, 1989. 2. That no answer or defense has been filed to said Petition by any person on behalf of those properties listed on the Special Assessment Foreclosure List attached hereto and by reference incorporated in and made a part of this Judgment and Decree of Foreclosure as Exhibit "A"; 3. That the Foreclosure List and notice of the foreclosure proceedings were published in four weekly publications beginning on February 22, 1989, and ending on March 15, 1989, in the Peninsula Clarion, a newspaper of general circulation in the Kenai Peninsula Borough, as shown by the Proof of Publication on file herein; 4. That more than thirty (30) days have elapsed since the fourth publication of notice; 1 - JUDGMENT AND DECREE OF FORECLOSURE 0 i TIMOOV J. Rojo* pty Attorney CITY OF KENAI 210 Fwago Kant.At@"R M11 71130N1 FAIL 3034014 5. That a notice was sent postage prepaid by certified mail: to the last known owner for each tract on the Amended Foreclosure List as said owner's name and address appeared on said list advising of the foreclosure proceeding and describing the tract and the amount due as stated on the list. 6. That the assessments set forth in the Amended Foreclosure List for the City of Kenai for the year 1988 and prior years, attached hereto as Exhibit "A", together with interest, penalties, advertising, administrative, and legal costs thereon still remain due and unpaid as shown by the Affidavit in Support of Judgment filed herein; 7. That there is no just reason to delay entering Judgment as to all persons and properties herein, and the Clerk is hereby directed to enter this Final Judgment. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1. That the City of kenai is hereby awarded a Judgment for assessments, penalties, interest, advertising, administrative, and legal costs which are due on the several parcels of real property as set forth in Exhibit "A" attached hereto. 2. That this Judgment be, and it is hereby ordered to be, a several judgment against, and a lien on, each parcel of property described in said Exhibit "A"; 3. That the liens on the said property be, and the same are hereby, foreclosed. 2 - JUDGMENT AND DECREE OF FORECLOSURE Timothy J. Ro"re City Aftom�y CITY OF KENAI 210 ilde" KW41i. ANMa "511 2333441 FAX M3014 4. That the said Judgment shall bear interest at the rate of 10.5% per annum from the date of entry hereof. 5. That the said properties against which this Judgment and Decree is entered are hereby transferred to the City of Kenai for the respective amounts of assessments, penalties, interest, advertising, administrative, and legal costs for which the properties are severally liable, subject to the right of redemption by the record owner, or his assigns, according to law. 6. That the Clerk of this Court shall deliver to the City of Kenai a certified copy of this Judgment and Decree. 7. That said certified copy shall constitute a certificate of sale to the City of Kenai the several properties described in Exhibit "A" attached hereto, and no other certificate need be issued. JUDGMENT ACCORDINGLY. DATED at Kenai, Alaska, this day of 1989. /1(/), --/v S or Court Ju e �,wuccci,". AL OF , CER, TIFICArro0 OF r ;s P'�''_"_.� �'`�U���'.� IBUTIC"� Jtacopy Cfthe to �ol�-- js 7 t seir ��jre3SLSof rgCcyd i i 1 0; Ic TE: CLERK. - Y h?` I cortify this Is a full, true and corm copy ofan original document on ' tils In the Alaska Trial Courts at 3 - JUDGMENT AND DECREE OF FORECLOSURE Kenai. 1,' IVWfness my hand and the seal of this court..3�s !wm1 O z e 5 1 p O ft: O fn 0 94 H d O 0.w N F 1A b W W N Ha aww W H 0. N{N I N M W N 00 X + 00 V! �n IVl d N N a z H I 96 Is y M s w )c 00 V2 1n W .-i y N N dl In m b JJ a A 0 4 F V US KY q1 O K O a`P7 q .i 0 w m Z 0, C F r b 1 . X H d N O O 4 04 y ` O 494 b. .1- N F A Vf b A W m .4 OG -.wM ti b 4— •••1 L M 3..wN y M F v W N n X -•- n cn 1n y i N M y N 1 d I N X in b 41 O �. a. N N 0 N to x in m O a •M LO I N I .i 1 O O K G x w z 0. a`li a94 H �f ul i0 o s v PC .4 I14 W u W. P. WI O I` 0 wm a m e n 1 Z b d N O O 0 134 O H •4 P• I.• N W W u1 F W M 14P a IW N N M a N 00 X .4 0q to n W .i V7 V) N d M M a V a w e ) w ON �s m c F F Z b r � .r .4N O O 1 ZO L D+ N F A fA to " w In H W M X H H w.4N N M F v = •4 w w in I y w W .r V7 N d I Ln x m O •-1 O a .i li V V I w ON sm 30 C F r b d N ta O O N Cd c O I1• W N .At W ul M EC 94 In 6 HZ •-i � H 0. yy N N M v w N 00 X co W Le y Vf w .4 to N d b w O N ro ro a+ Y •.� G N V 01 ro •-1 !1 93 0 d Vf N U b to71 Ilk G N ro •.i ro 01 th iJ be tl G �. o %4 a G tl •.� v aj b d ra tl u •i J r4 F w A O H M O H tl `+ • to u m \ •v u m tJ ►tl• 1 i .-i s ►. vo 11 �- O O co 3 at x i IN >. C 10 O w Y I N O a a ►i 64 IA ++ error m N w A N tl •.i ro O 4 N N 0 d ro a ro M ►• v N a +aN VI L O O >. r4 .1 N awuro .� -HV G 4 aI 4 4 O 01 F (tl tl Ir ?. 93 064 ►tli lan I.i ttJJ A a a N tl y w n88: w w F y .3 0: z w T.FH HW V HI! F7C >C O y l H W� vI F W w y 0 H a W vIHaF vly F N a y a V y F W H W Z 6.H u Sa.w .L i b ►Quo i W0.Ha H 0.-4 Ha a Q -4� W y p6 w4.b a A 1 mH'ofA W C+ ! N M y a 3t ! H R!v x ao lamHHwf+o H H VI W I Q 01 0-30 .a lla•xo�wa vl Q O 4 L4 t7 - W V W to H H SG a } a�-±wn ww VI W a 1 H x 6 Wa 1-i 1CU�HHO m w a x a 0 i O H 'O ' H W 1.. .4 z 0 .4 u c w H> V W! 4 0 a R w 14 c W «OF�.0 SwCj w! a R H a 0 w PH..0 Vf lFL in H W H O H W O V l to oc N W F+ W W ! F N II F M� WH{-iya� uauaWi we P.m uH 9... w 94 N vi vlinoala,ac H PC y m y toPC w� avv) dC HAa fftt �1 M VR a o w w o+ s } O+ F zIn a H5 0 ~ R N O C. a y O N G H H ! a a aw+ H O F y O y b H /-i w wH wvs F Fra W v W N 00 • W Vl In w .r V2 y N ! ! .-f m 0 a .4 O PC H Cd !1 al a Y O s tn x .•1 m 0 a .r !f 7 Y .i P6 •.i 10 W 'O o Y Y MS -- ... - ��• •1.■ �y618 910j1� IN THE SUPERIOR COURT FOR THE STATE OF ALA THIRD JUDICIAL DISTRICT AT KENAI WILLIAM M. BURNETT and ) JILL W. BURNETT, ) VS. =-3 Plaintiffs, ) State of AjaSka. ; hir, District at CITY OF KENAI, and RICHARD I. MORGAN, Defendants. Case No. 3KN-87-436 CI Q R D FB R ! N 1989 C! gsk file v,(A S The Court having reviewed the file hereby ORDERS That the action be dismissed and that the City of Kenai be awarded $400.00 as attorney fees. DATED at Kenai, Alaska this 5th day of June, 1989. I - -- -- CERTIFICATION OF DISTRIBUTION — i rt the t^regoing was mailed to the '4 ,-.f rr,cord C.:TEL4� CIERX. �` .• N.w.. Cog; O • i \. . ..... �4 A r F 0, ��ti Ti ry J. Ralpm City Attorney CITY Of KENAI 210 Fidaigo Kenai, Alaska 9%11 283-3441 FAX 283-3074 Z -3 IN THE DISTRICT COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI CITY OF KENAI, Plaintiff,) V. ) GEORGIOS TARLAS a/k/a ) GEORGE TARLAS, Defendant.) Case No. 3KN-89- ) 252 CI. itaie at r�E';.:tij J U N � 1989 VI{:I Y. U1 il1C y"vY: �J ENTRY OF DEFAULT Plaintiff has requested that default be ent and defendant has failed to Bred in this action plead or otherwise defend. IT IS ORDERED, that default is entered against de fendant. DATED: This dap of 7,. 1989. 1 - ENTRY OF DEFAULT ! V- ! ' clerk ofl the ourt CERTIFICATION OF IT;` • I a copy ct the tareg,:;.,, -t , —ir a:Jresses .rd. ATE. CLERK. 41 4- 1� .Z -3 IN THE SUPERIOR COURT FOR THE S74,_OF , THIRD JUDICIAL DISTRICT AT K*E*��NZA D dG� <, /� ts .v c., 4°,,,� ti RICHARD TAYLOR, �628zd g�yZ�t Plaintiff, ) State of Ala ka. TNrS 01stria at KENAI VS. ) JUN 1 3 1989 RONALD CARTER, et. al. ) dery of the Carts ; Defendants. ) �� Dee Case No. 3KN-88-555 Civil FINAL JUDGMENT Plaintiff's complaint against all known defendants having been dismissed by order of this court, IT IS ORDERED that final judgment is entered in favor of defendants ,Ronald Carter and Russell Moody. It is h further ordered that plaintiff shall pay to defendant Ronald Carter costs in the amount of $ and attorneys fees in 0° i the amount of $Qy /, totalling $ and shall pay j to defendant Russell Moody costs in the amount of $. and attorneys fees in the amount of � 6 totalling !i $ for a total judgment of $ , with said (( amount to bear interest at a rate of 10.5% per annum until IM fully paid. N � < DATED this % day of C ' CER'nFICATION OF DISTRIBUTION .`'�,� ... -ft �`.���,, A roily tdata c:�y ct t: e t a aaoittq was mailed tothe t //� •Cha les C nation �. i - F.i'f .,�wl'•� iY• �• �I ,,:, Superior ou �ge� r V r._ DATE CLERK. y' 4 r r �� v� _ ly eE OFe eSKA DEPARTME r'T QF REVENUE 550 W. 7TH AVE AJY�kfQRAGE, ALASKA 99501-8B98 ALCaOMOL/CBEVERAGE LL'7�IUrRiOL BAARD May 22, 1989 King Oscar's, Inc. dba: Mr. D's 10352 Spur Road Kenai, AK 99611 Your application for transfer of license holder of the 400 beverage dispenslEX 11n to the above (corp stock from K Oscar Inc. was approved by the Alcoholic Beverage Control Board at its meeting of Migy 180 1989 The enclosed license is to be posted conspicuously in your place of business where it may be easily read by everyone. Sincerely, Betty L. Calhoon Records and Licensing Supervisor-!�,C&'::'1'�`� (907) 277-8638 A Enc . cc: Governing body- Kenai` s-�-, STEVE C011* R, GOVWKW e 1PARTMEN" Ir REVENUE SW MAC � r.601eeai ALC0H0M&EVVP"C0AffRX 80W / June 8, 1939 King Oscar's , Inc. dba . Mr. 0' s .n 10352 Spur Road Kenai, AK 99611 Re: Application for designation `as a restaurant for purposes of allowing underaged persons on licensed premises under AS 04.16.049. Dear Applicant: At its meeting of Ma 31, 1989 the Alcoholic Beverage Control Board took up final consideration 3 ons ration"o zlowing licati�on for deg tion. yourrapplication r"M osigrwation for the purrp�(i% SgVW): ® 1. Persons 16 years of age and older my dint unaccompanied (AS 04.16-044(a)(2). XXx 2. Persons under the age of 16 rears wry dine a"c vied by a person 21 years of age or alder (AS 04.16.049(a ). El3. Persons between 16 and 19 years of age my be employed (AS 04.16.049(c). Note: Under AS O4.16049 (d) a permit is not required to employ a person 19 and 20 years of age. The board took the following action: EjApproved ites(s) requested. WITH STIPULATION: "In dining areas only." EDDenied Item(s) for the following reasons: ElDenied all items requested for the following reasons: If you have any questions, please do not state to contact s o ce. Since PWI . Z, 001, t 1. 1 Records and licensing Supervisor (907) 277-8638 cc: local governing body - Kenai ,- Y ` OF © L&SK � STEVE � DEPARTMENT OF !REVENUE SaoW 7THAVE ANCHORAGE, AUSKA 9950J-l�698 ALCOHOLIC BEVERAGE CONTROL BOARD May 23, 1989 Mr. Roy Dale Howard dba: Kenai Joe's P.O. Box 2818 Kenai, AK 99611 Your application for transfer of license holder of the beverage dispensary license to the above from Carc�righht�& E_,1s p gresswejl was approved by the Alcoholic Beverage Control Berard at its meeting of May 19, 1989 (final) The enclosed license is to be posted conspicuously in your place of business where it may be easily read by everyone. Sincerely, Betty L. Calhoon Records and Licensing Supervisor (907) 277-8638 Enc . cc: Governing body- Kenai 1791-199 CITY OF K Capdai oi 41a� 210 FIDALOO KENN, ALASKA 9W1 TELEPHONE 283 - 7535 FAX 907-283-3014 June 16, 1989 TO: Council FROM: Janet Ruotsala City Clerk RE: International Conference of Municipal Clerks May 21 to 25, 1989 overview of Session: 1. Cultural Norms & Communications 2. Impact of Technology 3. Disaster Planning - Records Management 4. Effective Public Contact Skills 5. Maintaining Peak Performance 6. Effective Meetings There were 23 exhibitors. Subjects covered: 1. Indexing of Minutes 2. Electronic Voting Equipment 3. Records Management 4. Codification of Municipal Ordinances 5. Municipal Clerks Correspondence Studies Our instructors were professors, presidents of corporations, consultants, municipal clerks, accountants, attorneys, labor relations representatives, city managers and Federal election officials. There were an estimated 1500 clerks in attendance from the United States, Canada, Great Britain, Australia, New Zealand, Africa and Israel. jr NEWS DIGEST JUNE 1999 FEDERAL VOTER ROOMTRATION LEGA"TION1111111M NOW THAN EVER SE 0 g by Richard G. Smolka Editor Election Administration Reports (The following is the regular monthly column "Election Overview" which appears monthly at the end of the newsletter. Secatuse of the importance of Me contents of this month's column, the Editor decided Mat it should be article.) feast 18 years, efforts have been made to establish a federal role in voter registration. Over the years, Democrats have adVvoctated election day registration, federal mail registration, and various other procedures under the direct control of the Federal Election Commis- sion or some other government agency. With the excep- tion of amendments to the Voting Rights Act, none have passed. Until this year, Republicans in general opposed these measures for several reasons. They objected to national government intrusion In what has always been a state responsibility unless such activity was necessary to pro - toot civil rights or voting rights. They also argued that voter registration was essentially a local function and that transferring it to the national government would increase cols without inclreasing efficiency. The potential for vote lrould, obvious in election daffy jregistration proposals, was also o feared if a federal post card system was initiated. Compromised Solution This year, however, Al Swift, D-Wash., Chairman of the House Elections Subcommittee, who has been con- ducting hearings on this subject for several years, and listening very closely to state land local election officials, may have discovered a compromise solution acceptable publicauns as well as to voting rights groups. ift originally introduced a voter registration bill that allows the, responsibility for and the major expense of voter registration. to reMain with the states but for federal elections mandates mail and "motor voter" procedures for voter registration. The "motor voter" provisions re- quire states to create a voter registration appilication as part of any form used to apply for a,state motor vehicle license but may not require on that form anyinformation s-y that duplicates information in the driver's license portion of the form. Swift then combined his proposal with one offered by John Conyers, D-Wtich., and also accepted detailed purge provisions. The key feature that may attract Republican support L%hoan es the states to establish a uniform and non- natory program to confirm the registration of n each state. States, however, may not use a atic program to remove voters from the polls less days preceding an election. Reduces Vote Fraud Republicans may like this provision because it reduces the opportunities for vote fraud and is designed to keep voting lists current. Because major Republican cam - (Continued on page 4) 4 VOTER (Con#'d) paigns tend to rely much more on direct mail to regib,�red voters than Democrats, some see prospects of more ef- ficient and economical campaign mailings. The bill, not yet numbered as of this writing, also pro- tects the right of voters by requiring a nuMatory provi- sional system of voting for p who claim to be registered but whose re listrWe v rauinct as verified, and for persons who are challenged at the polls. The states have 10 days after the election to check the eligibility of such voters to determine whether or not to count their ballots. Although responsibility for coordinating and implemen- ting the law in each state will rest with a state -designated chief electoral officer, the bill specifically places a duty on the federal, state and local governments to register voters. This section is supportki by a provision for at- tomey fees if p*** citizens proWN in suits to enforce action. This combination of provisions holds a strong appeal for proponents of federal voter registration who win everything most have been seeking with the exception of election day registration. The new bill will also mandate the states to develop a mail voter registration form without any requirement for notarization or other formal puther alion design, ate ap- propriiate state offices as regia a titwn locations and to distribute voter registration applicirtions and qffpr assistance to voters in completing appilgatoons. The purge provisions of the bill require state to establish automatic notification sysoms to receive infor- mation about daaths, criminal convictions, and mental commitments that might under state law result in a denial of the right to vote. Federal Responsibilities The Federal Election Commission (FEC) is made responsible for coordination of federal functions under this Act. The FEC is required to Submit to Congress no later than June 30 of every odd-4lurnb6rerd year, a report of the impactof the law and rec ommendlations for im- piovements in federal and stabs procedures, forms, and other matters affected by the Act. The bill also provides that the Attorney General, in con- sultation with the chief election officer of the states, the heads of the departments, agencies, and other entities of the executive branch of the federal government, and appropriate individuals from this private sector, shall prescribe such regulations as may be necessary to carry out the Act. Swift's proposal also authorizes up to $20 million to support state confirmation of voter registration with priori- ty going to states on a matching fund basis. Authoriza- tion, however, does not guaurantse funds which must be made available through an appropriations proces The proposal is expected to receive a favorabl: action from the House Administration Committee and to be reported to the full House of Representatives in the near future.. The same concepts are being considered by the Senate which is also likely, to move quickly if the bill passes the House. OFFICE OF: The Administrator 4tu ,-) �t 600 June 9, 1989 0 rn Dear ember: RE: Alaska Highway 50th Anniversary It was great to meet so many enthusiastic Alaskan IIMC Members at the conference in Halifax. The Peace River Reltional District is a local government serving the rural residents o ortheastern British Columbia. Together with the Fort Nelson-Liard Regional District and the eight municipalities within our area, we have initiated a project to celebrate the 50th Anniversary of the Alaska Highway. Known as "Project '92", this local government initiatedactivity has mus roomed into an international event. The Governor of Alaska, the Premier of British Columbia and the Commissioner of the Yukon have all joined in the program and have authorized the signing of international agreements to celebrate the Anniversary. As well, the Government of Northwest Territories and the Government of Alberta have also joined us. The Alaska Division of Tourism and the State Tourism Marketing Association have been extremely enthusiastic amount celebrating the Anniversary. The United States Army Corps of Engineers in Anchorage wants to be involved in all sorts of activities with us. Project '92 will not just be the highway's birthday party. It is intended to be the tourism catalyst that will see greater exhanaioa of t: travel industry in the entire Northwest corner of. North America. Over the next ten to fifteen years, we have much to celebrate. 1992 is the 125th birthday of Canada as well as the purchase of Alaska. 1996 is the 100th anniversary of the Klondike Gold Rush in Yukon. Other 100th anniversaries will be celebrated irk Alaska relating to various gold rushes and of course, we will have the 1994 IIMC; Conference in Anchorage. PLEASE REPLY TO: 131991 ALASKA AVENUE, BOX 810. DAWSON CREEK, B.C. VI fills PHONE: 14") 78245091 or ZENITH 2770 A9912 - 108th AVENUS, FORT ST. JOHN, B.C. V1J 2N8 PHONE: (W) 7064N M or ZENITH 08822 FAY. 727."I fl _.. r. - 2 - My purpose in writing to you today is to make sure that each of you is aware that there is a very important role to be played by municipal government in this whole anniversary. It is going to be up to local community groups, whether municipally sponsored or private enterprise sponsored to put on a number of special events and activities that will encourage travellers to stay longer in our communities. Even those communities not on the Alaska Highway will benefit from an increase in the tourism traffic. We have to encourage them to travel our highway, to travel our ferry systems, to come by plane but most of all to come and enjoy themselves in the Northwest. Even though I am a municipal administrator, I have been assigned by my local government to work as much as needed on this project. I hope that you will be able to encourage your municipal council to assign someone on your staff to become part of Proje—c-t''"T�and—to get "1•n" roue as soon as possible with Susie Kemp at Delta un n or o n Pearson at Alaska Tourism in Juneau. They are the Alaska representatives on our international committee. A second request relates to my activities as the Advisor to the Fort St. John Junior Stamp Club. Our .stamp club has been working for three years to get Canada Post and the United States Postal Service to issue commemorative postage stamps honouring the construction of the Alaska Highway in 1992. We would ask that your municipal council pass a resolution supporting the issue of such a stamp b the United tat s aservice and by Canada Post. Your letters o support should be sefff- o Mr. Rene Marin, Stamp Selection committee, Canada Post Ottawa, Ontario K1A OB1 and also to Mr. Belmont Faries, Chairman, Stamp Advisory Committee, United States Postal Service, Washington, DC 20260-6352. Support for a postage stamp has already come from many government leaders including former Governor Sheffield and Senator Ted Stevens of Alaska. We would hope that you would be able to add your municipal council to the long list of supporters for these postage stamps by both our nations. If possible, would you also send a copy of your resolution and letters to me. You are going to hear a lot more about the 50th Anniversary of the Alaska Highway over the next few months. Here in Canada, we have set up a society with paid staff to promote this celebration in British Columbia. In Yukon, the 50th Anniversary is one of several anniversaries that will be celebrated in the 1990's. We hope you will be able to encourage your state government to set up a similar organization as quickly as possible. Sincerely yo rs, Philip D. Cove Deputy Clerk Administrator PC/lc (JUN) • Aar coonC1/ . b i The recent oil spill disaster caused by the grounding of the Exxon Valdez was discussed by port representatives at the Ports Alaska meeting Meld in Anchorage on May 12th. The discussions focussed on the failures of corporate, regulatory and spill response agencies and also on recommendations for improving the situation in the future. Problems in responding to oil spill emergencies were identified by Prince William Sound ports as well as other ports who have experienced similar problems in the cases of the tanker Glacier Bay in Cook Inlet in 19$6, the grounding of the Swallow in Dutch Harbor, and the grounding of the All Alaskan and Terminator on St. Paul Island. Each of these cases revealed a persistent pattern of response failure which resulted in disastrous consequences for the affected community. In most cases, the only effective actions taken to prevent environmental damage from spills were accomplished by local communities on their own, usually organized by their port operations. Chris Gates from the Port of Seward summed up the feelings when he said "Understand this: Nobody's going to look out for your interests but you." Ports Alaska Co -Chairman Paul Fuhs added "Its not ,just the pipeline oil we're concerned about. Tankers and barges deliver fuel to communities around the state all the time. A mayor spill could occur anywhere." "The important thing now, Fuhs said, "is to determine a strategy for immediate response which can contain and capture oil before it can reach the beach. Unless we do, what we will end up with is the current ;pitiful image of workers futilely attempting to wipe oil off the rocks with rags." The pattern of problems identified included: 1) Paralysis in decision making In the early hours and days of a spill due to overlapping and unclear governmental jurisdictions. Arguments over who would pay for or be liable for any immediate response often take precedence over containment and retrieval operations. Once the ail spreads so far and thickens, it is almost impossible to pick up. j r,_ 2) Sufficient equipment and personnel to contain and retrieve spilled oil at a local level dots not match the volumes of oil moving through Alaskan ports. 3) Regulatory agencies fail to monitor compliance with requirements of oil spill contingency plans. The plans are filed but they are never tested. Equipment is not maintained in working order and in some caries regulatory ageneies have agreed to the removal of critical oil spill equipment. 4) Laws limiting the liability of vessel owners and insurance companies for fuel spills does not give them sufficient ;incentive to monitor the seaworthiness of their vessels or competency of their crews. Once a vessel is wrecked, the insurance company often pays the maxirnurn fine ($3001000), makes no effort to contain the oil, and then dumps the cleanup problem on the Coast Guard, 11 the cleanup effort costs exceed the maximum fine, the additional cost is borne by the American taxpayer. The vessel is usually left on the beach as a continuing liability to the local community, 5) Companies and government agencies often fail to communicate with and involve local governments in decision making during oil spill emergencies. 6) The effectiveness of direct intervention by military crisis teams in the Valdez oil spill was reduced due to management of the spill by the US Department of Transportation, which is not set up for crisis management. 7) State laws do not .assign responsibility for oil spills to the Alaska Division of Emergency Service$ (ADES) which is set up for crisis management. - 8) The ability of ports to assist each other during a major oil spill is hampered by lack of a COmputerixed inventory of oil spill equipment and transportation systems to move equipment from one port to another. r .ate. RECOMMENDATIONS: 1) Change Alaska Statutes to identify the Alaska Division of Emergency Services as the lead agency for coordinating response to oil -spills. ADS is a subdNM*n of the Alaska Drpartment of Military and Veterarw Affairs. ADES would coardinate their response with local Ports, Alaska repras esarntativ, municipal authorities or other designated loom authorities along lwith appropriate state and federal agencies such as the US Coast Guard i1FiY G=1 S. i4 '.., j _F :n K and the Alaska Department of Environmental Conservation, 2) Establish a clean up fund in the amount of $25 million which can immediately be drawn upon for oil spill response. ADEiS would authore any expenditures of the funds and would seek restitution to the fund from the companies or their insurance carriers who were responsible for the spill. This would dramatically shorten the response time. 3) Authorize the Department of Military and Veterans Affairs to coordimtel spill response activities directly with Armed Forces crisis response command. 4) Ft;nd a computer based system to inventory oil spill response equipmon,t and personnel in Alaska. This system would act as a communloations network to identify and move equipment and personnel during an oil spill crisis. 5) Establish and fund a training program for Alaska port and public safety personnel to increase local competency in oil spill response. This program would be coordinated by Ports Alaska. 6) Integrate the recently signed agreement between the US and USSR on Joint oil spill response in the Bering and Chukchi sea into Alaska`s► ail spill reponse system. 7) ftek changes in state and federal maritime laws limiting the liability and responsibility of petroleum product transporters to deal respolisibly with oil spills and wrecked vessels. Port$ Alaska Co-chairman Larry Dineen called on state legislators, the AlWA Congressional delegation and the Governor to support the Parma ►laska oil spill program. "Its time we quit wringing our - hands an4 pointing fingers and get down to the business of figuring out hoW we will handle these situations in the future, said Dineen. "Ala ka's port operators are willing to fulfill our role in oil spill response, .but its going to take the coordination of all the agencies In an adequately funded, well planned response system to really provide protection to Alaska's maritime communities." For more Information contact: Paul Fps, Unalaska/Dutch Harbor 581-1251 Larry 110een, Port of Anchorage, 272-1531 Chris Bites, Port of Seward, 224-3331 or 271-5041 7.4 !-: rG C::-Y MA XNFO! Q In Association with R"ource Deve[oprnent Councd's I Sth Annual 7' wti" A Special Luncheon Presentation by: Senator Frank Murkowski speaking on The Future Direction ' of Resource Development Wednesday, June 28, 1989 Anchorage Hilton Hotel Doors open at 11:30 a.m. Luncheon begins at 12 Noon Pre -paid Reservations O�, .; (by Noon Monday, June 26) $ 2 0 Credit cards accepted by phone Door Admission: $30 Resource Development Council for Alaska, Inc. Call us: 276-0700 1781-1 CITY OF „a Cap 4 Sri „ 210 RI)ALGO KENAI, AL„SKA 9mi TELEPHONE 263 - T.i3li FAX 907-283-3014 TO: William J. Brighton, City Manager FROM: Keith Kornelis, P.W. Director DATE: June 12, 1989 SUBJECT: Airport Terminal Re ovation - Old Carpet Removal FOR: Council meeting of June 21, 1989, Information Item At the last Council meeting a question arose as to who would maintain ownership of the old carpet that is being taken up and replaced in the Airport Terminal Renovation Project. It appears that the contractor or subcontractor is maintaining posession of the old carpet being removed. I have attached a copy of page 33 and 34 of the contract documents where it states that except where noted otherwise, the contractor is to maintain posession of the materials being demolished. The carpet being removed on the project was not one of the items that was noted. It is also my understanding that the price that the subcontractor gave was with his understanding that he was to keep the old carpet. DIVISION 2 SITE WORK SECTION 02072 DEMOLITION PAGE 2 OF 3 1.06 EXISTIIa SELtiTICES A. Arrange and pay for disconnecting, removing, capping, and r plugging utility services. Disconnect and stab off. Notify the affected utility company in advance and obtain approval before starting this Work. B. Place markers to indicate location of disconnected services. Identify service lines and capping locations on Project Record Documents. 1.07 -VASI�II I TRAFFIC A. Do not close or obstruct roadways or access without permits and approval of the Owner. B. Conduct operations with minimum interference to public or private roadways. PAW 2 PRODUCTS 2. 01 XW RIMS pr A. Except where noted otherwise, maintain possession of materials being demolished. Immediately remove from site and dispose of at an approved Contractor provided disposal site. PART 3 E KECOTION 3.01 �MON A. Completely. demolish existing required items in an orderly and careful manner. Remove materials from site. B. Perform demolition in accordance with applicable authorities having jurisdition. C. Repair demolition performed in excess of that required, at no cost to the Owner. D. Keep Work sprinkled to prevent dust. Provide hoses and watermain or hydrant connections for this purpose. E. Burning of materials on site is not permitted. 63 VR DIVISION 2 SITE WORK SECTION 02072 DEMOLITION PAGE 3 OF 3 F. Remove from site, contaminated, vermin infested, or dangerous materials encountered and dispose of by safe means so as not endanger health of workers and public. Sackfill areas excavated caused as a result of demoliti n. . 8. Remove demolished materials, tools and equipment upon completion of Work. Leave site in condition acceptable to Architect/Engineer. I. The location of existing utilities, power cables, grounding loops, and telephone cables shown are approximate and are not warranted by Architect/Engineer. The location of most utilities are unknown and not shown. Contractor shall exercise extreme care while working underground in this area and shall locate and avoid damaging existing utilities. J. Remove, store, and protect for re -installing the following materials and equipment in accordance with the provisions of Section 01600. 1. Existing Counter/Cabinet as shown on the Drawings. 3.02 REPAIR A. Repair damage to adjacent areas caused as the result of this work to their original condition.. Ll- 10 11, 64 KIA01, AMWI ~I ! June 2, 1989 Deer the -profit Pormitteo: Your ability to conduct sag type gam aj ,gctivit. -' ill be adversely affected by sov gaming regulations proposed by the-Depsrtmant of Revenue. The must damaging clranges will affect pull -tab activity said ypur albiftj to cspilect yamiag through third party agro+o vats with commercialaartob11 1 601ints. if you value the priviloge of Iasi" se a feed raising activity you mot involve goorself saw by submitting vrittes testimony or c000"ts te: Paul Dick, Supervisor 1n!come and Else Audit Division Departma0 of Revenue P.O. Box SA Juneau, Alaska 99811-0400 Copies of all testimany er commosts should headdress, to: Hugh Malone, Commissioner Department of Revenue P.O. Box S Juneau, Alaska 99811 Larry Merculieff, Commissioner Department of Commerce P_0. Box D Juneau, Alaska 99811 P YOUR TESTIMONY MUST BE SUBMITTED BEFORE JUNE 30, 1989. The Kenai Peninsula Men -profit Association will meet at 7:00 PM, Tuesday, June 13, 19898 at the Eagles Club in Kenai. The f$cra of this meeting will be the proposed gaming regulation Champs_ We will address the concerns of each me*-prefit Member and draft written testimony to be proseated from the KPNA regarding the cbnsges_ r'' ' Membership to KPNA is $pea to every nos -profit organization en the Peninsula. Annual membersibiP dues are $25, and sack organization is rogeested to submit a letter authorizing vettaq privileges for your representative and an alternate_ Together we ton make a difforesce. Si ace rel y, Tom Janz KPNA interim Chairman AV.. Boar 262/ Koo&i, A/esfa -4W / / TENTATIYE AGENDA JUNE 13, 1989 1. Call to Order 2. Approve Agenda 3. Approve Minutes from May 22, 1989 4. Approve Treasurer's Report dated June 12, 1989 5. Committee Reports A. By -lags Committee - Mary Hawkins, Doug McKenzie, Tommy Thompson 1) Copies of by -lags to be presented to the membership 2) Plumber of members needed for incorporation B. Legislative Report - Jack Brown 1) Lobbyist registration requirements 2) Borough ban on professional operators 3) Pull -tab tax proposal by borough 6. New Busi ness: t.01d Busine33: A. President's Comments (See enclosed letters Re: Nyquist investments) B.,-ELE,rEN proposal - presented by Roger Cunningham C Written testimony to be presented to State on gaming regulations changes �:: ge: ed regulation changey a8 do*erii+incd '� KPttiA i�. DiScus-, election of Board of Directors E. form tlembership Committee A. Letters of voti rig authorization from all organizations are needed Soidwna C:lalnher of Colnnterce 11.11. Ro% Jzl. • ��'uo •anem: lii_n•.a, • .a.lmn-j. 1A-1-14A9 • Phone:-2.0-4141.1. . May 31, 1989 Tom Janz, President Kenai Peninsula Non -Profit Association Soldotna, Alaska 99669 Dear Tom: The Greater Soldotne Chamber of Commerce Board of Directors has asked me to respond to your letters and concerns about Chamber's consideration of a sublease in the Center Peninsula Mail from Pull Tab City. Any non-profit organization approached with a similar offer would have given time to consideration of such proposal. As you know, the Board has acted to decline the offer in support of the Chamber's stand on retail outlets and operator activities on the Peninsula. The letter attached will further explain. Thank you for your input and supporting letters. The Board of Directors appreciates your participation and interest. Sincerely, Kathleen V. Scott Executive Director May 31. 1989 Blaine D. Gilman, Attorney P.O. Box 4210 Kenai, AK 99611 Dear Blaine: As we discussed on the telephone, this letter is to confirm to you and your client Nyquist Investments that the Chamber declines the sublease offer for Pull Tab City dated May 25; expiring May 31, 1989. The Board looked optimistically at seizing such a golden opportunity to joint venture with Kenai in support of our needs and those of the Kenai BiCentennial Commission. Careful consideration was given the proposal. However, when considering the Chamber previous stance regarding a pull tab retail outlet, the fact that many nonprofits would suffer the consequence, the consideration was untenable. We hope you will extend our thanks to Mr. Nyquist. Sincerely, Kathleen F. Scott Executive Director CC: Sue Carter BiCentennial Commission Kevin Johnson Center Peninsula Mall UMM-lq .A AM-PWFR ASMI_ATNM M�ES N" 22, 1 W9 The tAfrd meotiq of the Komi Penimsuh Nwlw* ! Asieeiatim was held moodoy'o M&V the Eagles Clrb in Kenai, Alaska. The nwetin! was called to order at 7 :00 PM, by Wee'ihn sewvtary-treasurer, Pat Vincent. Members present: F.O.E. *3525 - Tommy Thompson F.O.E. e3525 Auxiliary - Norma Mapes Ninikhik Fair Association - Mary Hawkins Soldotna Lions Club - Ray OWn Soldotna Little Leagw Vem Kenai Peninsula 8utWs Awn - Pat Vi wwd People Count - Jaoh Oromm, Kaft Sanders Soldotna Chamber of error - Tom Jam Absent members: Young American Bowlers - Dag McKenzie American Legion Post OW - Les Gor" Guests present: Jim Peot, Mike Polyefoe - The Whaler, Andcrage Mark Griffin - Alaska gimp e44, Anchorage Roger Cunningham - SM's pica *dbq, Anchorage Jnn Fisk - Y.F.W. •7056 Kodiak, Alaska MMSA to approve the Minutes of the May 1,1989. MMSA to approve the May 22, 1989, Treasurer's Report. $25 annual dues were received from People Count, %Idotna Little League, Moose Lodge *1942, and $50 was received from the Soldotna Lions. The By-laws Committee Report was given by Mary Hawkins. No further changes were suggested, and a motion approved the by-laws. Copies wilt be available at the June 13th meeting. A report was given by Mary Hawkins and Pat Vincent on the teleaonferecne that was held May 15. Mary gave a brief report on her testimony for our organization that basically requested delayv q any changes until the Department of Commerce takes over the gaming regulations from the. Department of Revenue, and asked for clear definitions of the terms Non-profit, Operator and Vendor. Witten testimony on #toe proposed changes in the regulations will be taken until June 30,1989. Pat requested that each organization represented make written conwnents on any of the seotions that they were concerned about, and the KPNA will go over these comments at the next meeting and farm a general statement based on these ideas to presw* from ibis group. A Legislative Report was given by Jack Oreerw flee appeal from professional gaming operators was denied by the Superior Court, and aitloug1h the professionals had 72 hairs to appeal to the Alaska Supreme Cart, it appears the ordkwm bann*4 professional operators from the Kenai Peninsula Borough and Kodiak will stand. Jack also discussed the proposed regulation changes and feels that there is enough support from the legislators to delay any changes until July 15 A Resolution failed to pass the House, but Senator Kerttula added language to regulations that r*Wkw all interested parties to have input on the changes. The need for an Advisory Gaming Conrtnksion was again discussed, and the suggestion was made by Mark Griffin to move the Regulatory Office for the Director of Games of Skill and Chance to a more aocessible location in Anchorage. Jack stated that anyone who spends four or more hors a month dealing with legislative issues is considered a -lobbyist', and he will present a repaint on signing up KPNA members as lobbyists at the next meeting. The Borough is considering taxing pull -tab sales and we will need to address this issue at the next The election of the Board of Directors was tabled until the next meeting. The meeting schedule was discussed and the group agreed to meet the first Tuesday of each month. The next meeting win be held Tuesday, June 13,1909. Tom Jim reported that the Soldoina Chamber of Commerce had been approaohed by professional operator, Joe Mllquist, who ran Pull Tab City, cant bdt attermey, Blaine 00mas, to We ovor xllr last the SoMptna Mall location. The Chamber was asked to tale over the $I MO montlulg lean paymeet and sell puTFtabs from that location. Joe Nyqu st would act as a "consultant', and the C *Wmr would be able to use his computer system. Tom has obtained information since the meeting with Mr. Ngquisi that the the 'consulting fee" would be $8,000 per month. The KPNA was shooked at this proposal, and questioned the legality of an arrangement of this nature, due to the borough ban of professional operators. W. Nyquist's motives were questioned, since an arrangement of this type would cause a rift among the area nonprofits who testified goat pull -tab sales from that location was definately the reason for declining revenue from charitable gaming in the Soldotna area. It would appear that the Chamber is the first of many non-profit orgawiast ns who r n'll be approached with this proposal. Several organizations represented at the meeting will write to the Soldotna Chamber's Board of Directors to express their objections and ooncerns. Copies of the letter written to the legislators asking for delay of regulation changes and the press release ouuthning the Kenai Peninsula Non-profit Association's goals and reasons for being formed were distributed to those present. Each member was reminded to submit the utter of voting authorization from the organisation he represents. Presentations were made by the panel of guest spNbws, and question/answer sessions followed. Mark Griffin, owner of Alaska Bingo Supply and acting director for the Alaska Charitable Ganes Association gave a brief history of charitable gaming in the state. He cited frustration in dealing with the complicated regulations and stated that education of the governing agencies and the permit holders is much needed. He feels limits need to be placed on the number of locations a permit may be used, and stated that "abuse is almost encouraged by the state-. Jim Peat, owner of the Whaler, suggested the proposed regulation that would limit the amount of compensation the person who handles the pu1T-tabs to 5% of the gross would be unfair and that no one would bother unless they were better paid for the time pull -tab sales involve. He stated his opposition to "dual licensing" and feels there is no need for professional operators in the state. Roger Cunningham, Bill's Distributing representative, handed out his P&Tab Book, a guide for nonprofits that outlines basic concepts for successful charitable gaming. Roger has joined in a cooperative venture with the Seven -Eleven stores to sell pull -tabs from those locations and returns 60% to the charity. He assured the group that when the current contract carmittments are met in January of 1990, local organizations will be contacted for the use of their permits. He stated that Seven -Eleven is very aware of the need to benefit local organizations on the Peninsula. He also stated his opposition to dual licensing. Jim Fisk of Kodiak also addressed the group. Mr. Fhk is the Senior Yicr Commander for Y.F.W. e7056, and was instrumental in getting the Kodiak oriienem*e Vasssed_ He opposses professional operators in the state. He feels that the non -profits mist be respewible for overseeing their own fund raising efforts aid stated that "If you don't want to get invvelved,geu don't deserve a permit". He urged the group to insist the borough closely scrutinize all permit applicants and keep any undesirables out. The meeting was adjourned at 10:05 PM. Respectfully Submitted, Pat Vincent, Secretary - Treasurer -r/v F V — TO DO LIST June 7, 1989 KENAI CITY COUNCIL 1. J. Ruotsala - Notify ABC, non -objection of transfer of liquor license, Larry's Club 2. B. Brighton - Work with Bicentennial Visitors & Convention Bd. on EDA grant application 3. B. Brighton - Send letter of support to EDD re/Alaska Vacation Planner 4. R. Ernst - Proceed with Float Plane Facilities regulations, with amendments and parking lot for additional tie -downs 5. B. Brighton - Begin procedures for annexation of property for fire training grounds 6. B. Brighton - Begin research for extension of Willow St. to Marathon Rd. 7. B. Brighton - Prepare resolution for June,21 meeting re/ANWR oil & gas exploration promotion 8. J. Ruotsala - For June 21 meeting, cost of re -print of City brochure 9. R. Ernst - Develop advertising plan for airport promotion 10. B. Brighton - Prepare study on expansion of Cunningham Pk.: Trade for larger parcel up -river, purchase of land across road for parking, purchase land adjacent to park and expand. K. Kornelis - Cunningham Pk.: Check on deed, cost of adjacent lands, any State or Corps of Engineers problems `jR JUfl ©B '89 01: a3 AK MUNICIFAI LEAGUE M04404 (9on S8tri335 FAX 463.3480 ,Fo - 6'ASOVW;� 217 SECOND STREET, SUITE 200 1UNEAU, ALASKA 9911101 M£MORAMDUM TO: Mayors and Council/Assembly Members of Municipalities with School debt (under AS 14.11.100) AML Board of Directors AML Legislative Subcommittee on Education, Municipal Elections, and Local government Powers AML Legislative Subcommittee on Taxation and Finance FROM: Scott A. Burgess, Executive --- DATE: June 7, 1989 SUBJECT: Three Million Dollars Please ask your senator(s) to contact Governor Cowper (or Bob Evans - 465- 3500) in support of the $107,831,000 amount for school construction debt reimburs"ont by the State authorized by the Legislature in HB 100; and ask your senator(s) to support the passage of H8 37, the school construction grant program::, early next session. Governor Cowper is considering reducing the amount to $104,024,200 because NO 37 did not pass the Senate. H6 100 is tentatively scheduled for markup on June 15 and signing June 171th. Some encouragement and/or commitment for H8 37 from the senators now could help save the S3.8 million dollars. Senator Sturgulewski has HS 37 in her Rules Committee and, I understand, is committed to bringivig it to the floor. Unfortunately, the House adjourned in May before the bill could be passed in a form acceptable to the Senate. I have also enclosed a copy of a letter I wrote on the subject. Please call if you have any questions. Enclosure MEMSER Of THE NATIONAL LLAGUR OF CITIES AND THE NATIONAL ASSOCIATION Of COUNTIES JUN 08 '89 01:44 AK MUNICI C TEUPHONE (907) 386-1323 FA%-1h;t•54W The Honorable Steve Cowper Governor State of Alaska Post Office Box A Juneau, Alaska 99811 Dear Governor Cowper: 217 SWOND 5Y`�w3urn 200 JUNEAU, AL4SKA 9%01 June 2, 1989 Please do not reduce state funds in the FY 90 budget (HB 100) for school construction debt reimbursement below the $107,831,000 amount authorized by the 16th Legislature. Please do not further penalize municipalities who helped draft and worked diligently for the passage of HB 37, the school construction grant program; municipalities who supported many llf your legislative platforms including the modification of ELF; and, municipalities who will receive,. in any event, less than full reimbursement for schools and reduced state aid in the municipal assistance, revenue sharing,and senior citizens tax relief programs under the FY 90 authorized budget. HB 37 passed the House and was pulled back into Senate Rules in the last chaotic minutes of the session presumably because the alleged 14 votes for passage became uncertain and in order to keep the alive for next year. Even though no guarantees for future full funding of the State's obligation under AS 14.11.100 exist in HS 37 in its most recent farm, the Alaska *Micipal League made HB 37 a legislative priority for 1989 and 1988 as HB.380) and supported and worked hard for the passage of the legislation, as did the municipalities directly affected. In your proposed FY 90 budget, you proposed to fund school debt at $104 million and $114 million if legislation similar to HB 37 passed. Well, you and AML did not get HB 37, yet; but, AML and its member municipalities did not get full funding of $114.8 million either. The $107,831,00 authorized amount is 6.5 percent less than full funding and 1.5 percent less than FY 89. Again, on behalf of AML and its member municipalities, please approve school construction debt reimbursement funding for FY 90 at the $107,831,00 authorized amount. AML will work with you for the final passage of HB 37 in the Second Session of the 16th Legislature. Thank you for your support of local government and an improved state/local government partnership. Sincerely, Scott A. Burgess Executive Director cc: Garrey Peska, Chief of Staff ' MEMUR OF THE NATIONAL M404JE Of CMIES ANO THI= NATIONAL. ASiO0ATION OF COUNTIES yNFO-� SUMMER HAS ARRIVED BINGO--- Kenai Bicentennial Visitor and Convention Bureau now has Bingo every Friday evening at the American Legions Hall. Doors open 5.30 p,m. Bingo 7.p.m.There are goad prizes to oe won 4th JULY ---The Chamoer of Commerce and American Legion Post 20 will again be putting together the Annual 4th of July Parade. The parade wil be held Tuesday July 4. Line up time will be 1 O.am. on Trading Bay Street in front of the Union Hall .The parade will travel down Willow 5t , turn onto the Kenai Spur Hwy. and terminate at Main St. by the Chamber Cabin ".After Parade" activites are being planned with something for the whole family. Booth space witl be available again this year. Suggested booth categories include food, crafts, carnival and any other items that would coordinate with this event. Barry Eldridge is again putting together the Air fair at the Kenai Municipal Airport. Everyone is invited to attend Immediately following the parade wi 11 be the Bed Race. If you wish to participate contact Curt Wallace at 262-5801. Be in the parade, sponsor a booth, BE- IN -TOWN for the 4th July. For further information, questions or forms please contact the Chamber Office 283- 7989 MISS ALARAM— The pageant is to behold old June 9th & 10th K.C.H.S Auditorium at 8 p.m.Tickets are availab ]a at the Book Cache or at the door. THANK YOUR-- Thank you to all who helped cut Clem lip bay. The City looks wonderful again and is now ready for a great summer. Thank You to all board members and others who helped with Monte Carlo.Without your assistance this event would not have been a success. WELCOME TO NEW MEMBERS— Tom Bier Associate Marc Allen Peterson Associate Sports Den Keen'Eye Video Productions DUNE SCHEDULE for Wednesday Luncheon June Al Torn Garrett - AVA, Re Lower 48 Media Blitz tune 14 Senator Paul Fischer ,June 1 To be announced tune S Te-M-ammeurieea T___V,) Presentation at Mr.D's June 1989 i. I o rol T-uezd �N Wednez�d 3,j Thuqday '33turd)y Friday; :30 KCC VP6 A home tours - 2 11162- 177. 0 ON ki KEINNN1 112 y.0 Kr Brij Kenai (Awtimer of Cminwerve I,),)\ 197 kla,ka 911011 (907) 283-7989���:-30 Oilers Bingo q c IC 18 11.4co I I 1FATHikil D AY W.. ''WEEK I I -30arvt 6 E I 6rd t I ft-, 11 :30 im 6 IC i Brd 091 I ` * 112:00 Chamber: IT01-1 GARRETT �AVA,,IIIEDIA ADS I L00 KCC Brd ! II fj T S. P 0 P'T C E IN T E R= i 1 I;S AK P A13E 4NT !r..k- -,8:00pryl 3 I 2:-NG0 5 AU I ANf E 1, 2:00 Clamber Erd 0 E f -4 A T C, R. t i S H E jFrccurern-nt r 71-., I,- E: INGO FLAG LAY �5.30prrt KPBA E;rd I �Mfq 77F-571 12':00 Chamber: I `:09 KCC Brd - to `1 .. --I C C: il e r -� M29 I B !I-! r-: i Sal 12 .0c. K'CC Erd frat-er rd Arn.u.�] G i:;il,t trval iiingo P. 11 Mal I aker by CE S-o ft# arc-, 515-22.4- i9q, -5 Ito: A;", r rw Ran YOU! h**,W tler of 7ft / Sokdrbs Chamber of (ioRi/ etce ........ Princess Tours President to Speak at $01d wt- na Chamber Ray Pedersen, presi- dent of Princess Tours, will be the fea- tured speaker at the Greater Soldotna Chamber of Com- merce noon meeting, Tuesday, June 13 at the Bunk House Inn. Pedersen, who took over as presiderwt of Princess in 1984, will discuss.. Princess de- velopments on the Kenai Peninsula and other innovations planned for the com- ing months. He will also expound on the effects of the . Prince William Sound Oil Spill. Princess Tours was founded, in 1972 to market and operate air -land -sea pack- aged tours utilizing Princess Cruises' lux- ury cruise shop in Alaska. Peninsula and Oriental Steam Navigation Company (P&O), the oldest and JV A:0 + V Vokime 2 Issue 6..................June 1989 largest shipping com- pany in the work, ac- quired Princess Cruises in 1974. Over the years Prin- oess acquired Johan- sen Royal Tours, Tour Alaska and its Mid- night Sun Express, Royal Hywray Tours and in 1987 built its first hotel property in Alaska, the Harper ,Lodge Princess at Donali National Park. Mr. Pedersen will an- nounce plans for opening their first Pe- ninsula facility at our luncheon. General Meet- ings recessed for Summer Soldotna is a tourist town --there is no doubt about that Chamber Lunch dur- ing the season of many visitors has be- come a strategy prob- lem. The kind of problem commerce communities like to experience. Local re- staurants project ca 801doWn Chamber Board Action: **Voted to be the condlut through which a Miss Alaska indebted- ness pass through grant would 116 adWinistrated If wed, by the Governor. --Passed a resolution to the state o Kenai River fisheries resource as lifeline when considering solutions tense fishery Issue. f Alaska urging protection of the the Central Peninsula's economy to the Kensitze Indian subsis- --Declined an offer to sublease Pull Tab City In the Peninsula Cen- ter Mail from Mr. leyquist. pacfty for Summer so space ns Ifor Chamber are limited. Board of Directors therefore has recessed the General Meeting Luncheons until 'Tuesday, September 12 when luncheons will resume at the Bunk House Inn. June 6 and 13 mitretings will be held at the Hunk House Inn dining room with excellent programs. We recently learned that Seward Cihamlber has also recessed for the summer. Chamber events and happenings will be communicated through the newsletter throughout the summer. We wish all our wonderful, supportive businesses a lucrative summer. MISS ALAS KA WEEK STARTS THE 3RD Kenai-Soldotna hosts twelve young and tal- ented ladies from around the state this week. Our visitors are vying for the title of dies Alas- ka, 1989 just in time to prepare for a ibigger challenge; the 1989 Miss American Program in Atlantic City. Launa Kay Middaugh, 1988's Miss Alaska, has been hard at work assisting Executive 01rector Carla Timmer- man and Miss Alaska Board of Directors with program competition arrangements. Steven Steenmeyer will share pageant hosting du- ties with Cindy Suryan for an excitlmg even- ing entitled "Tonights' the Night for Some- things Special." Tickets are available at the Book Cache in Sol- dotna and Kenai for one or both nights of the competition (June 9 and 10). For details see flyer insert in this newsletter. It's no wonder to this writer that beauty pageantry .has found its way to the Peninsula --why not in the place of ulti- mate Alaska beauty. SQUARE DANC- ERS HERE THIS MONTH June 30 is the officai kickoff for the Alaska State Square & Round Dance Festi- val. Businesses be alerted, festival partic- pants will begin arriv- ing any time this month. Festival orga- nizers anticipate 400 who plan vacationing the Peninsula before and after attending. conference activities. Please make their welcome and show we can be the most gracious of conven- tion sites. Activities are centered at Sol- dotna High School Auditorium. Event chairpeople Pete and Phyllis Peterson; Marie and Al Scouler invite specatators to drop over to the school and observe the routines. The Chamber wishes you the very best. SOLDOTNA RO- TARY POSTER Have you seen the Soldptna Rotary's commissioned pos- ter yet? Created by artist C. Kincade, the poster is a marve- lous depiction of Sol- dotna with caribou, moose, water fowl and of course sports caught King Salmon. A framed rendition was given to Govern- or Walter Hickei fol- lowing his Chamber address May 16 by Rotary President Merril Sikorski. The original art work, as well as poster copies for purchase, are at the Kenai Peninsula Visitors Center. Ro- tary has granted Chamber exclusive sales for a percent- age retention. The posters cost $15 plus sales tax. Failing tubes are avilable for $2 each and the Chamber wig mail posW49 propid to any- where in the U es. HAft off 10 the Soldotna Rotor for ping a very worth- while project. UNDERGROUND FUEL STORAGE SEMINAR Association of General Contractors, Alaska will most or Fr. DI's Restaurant, Friday, June 9 from 7:30 to 10 am to hear Dennis Kelso, Commissioner, Alaska Department of Envi- ronmental Conservation and Robie Russell, Regional Administrator, Environementaul Pro- tection Agency. Details about the "Fish On" are outlined on the enclosed flyer. Claudia and Dan Furlong, Doors and Windows} serve as the Peninsula's local representa- tives for AGC and would welcome your questions. We are so fortunate to have volunteers for those big and little jobs needing attnetion around the visitor center and chamber. This month .� we thank Loretta ..j 'THUMBS Lunn for her hours UP" of contributed time doing our books. Lo- retta is a half-time trainee bookkeeper who has given us a full-time effort. With. the onset of new regulations from our genres of skill and chance permit; the reporting require- ments tripled; thanks to Loretta we are stay- ing on top. Ward Landscaping is providing compli- mentary landscaping for our beautiful visitor facility; unsolicited --that's a huge contribu- tion for which we are forever grateful. CHAMBER SCHOLARSHIP AWARD Carrie Johnston, daughter of Steve & Ruth Johnston, acceptedAer graduation certifi- cation from Soldotna High School May 23 along with several awards and scholar- ships. Carrie is Greater Soldotna Cham- ber of Commerce 1989 scholarship recipi- ent. Her dream is to teach at Soldotna Elementary School after receiving her teaching certificate in the area of education and music. She plans to achieve her di- ploma -through the Master's College, Ne- whall, California. Carrie's scholastic per- formance through school tells us she will be a big success. She thinks Soldotna is a near perfect community and wil miss see- ing farnillar faces when she lanches her undergraduate studies. Carrie has one brother, Daniel who is a sophmore at SO'HI. Good luck Carrie, we are behind youl!! BMO; Alaska Department of Commerce and Economic Development offers several Wsinwss rued publications 111110 av*bMe to businesses free or for a M0019rarte price. Tillies k cfu* WNW. ftbnbs,an nm and In - latl L and soon. ( order is recited. Is tail "Sale" Fading?" In what is shaping up as a major *0 In retail marketing, many big chains are scaling back reg- ti ptices and abondoning sales as their Primary. promotional mod. Retailers are calling this new strategy "everyday low Sales, of course, won't vanish, but the move toward dlMiy low pftng is "going to become very important." A key reason, roW oxmfivos say, is' customers am fed up with constantly changing sales prices thod 00*111140W to re gn0*4flair deal. In picking away from sales, retiailers do run the risk of 4114soft shoppers 00CU1 coed to buying mlarked-down Items, but merchandisers adopting tho ra* elegy believe Mey can retain shoppers, through advertising, to stop search for sales. Retailers sW Iro finding cost a0vamatges in substititing lower regular prices for sales, ena- bling them 16owmore regil,140-010p to consumers. Among other things, they need fewer workers to ii000111111a1}eticket salst Wilds and to handle the big inventory bulges need for spe- cials. A betas will has d. And merczhandiser$ also hope to reduce the head- aches that 110L 1040n miascaloUl>s" the demand for scale goods. (The foregoing is reprinted courteouasy Evaeln►s/FCnft Marketing Facts & Trends) GREATER SOLDOTNA PO SOX 336 Soldotna, AK M 669 President Mate Past President xecutive Director Iffice Assistant ookkeeper CHAMBER OF COMMERCE City of lanai -Complimentary Mayor John Williams 210 Fidalyo Komi Alaska 99611 BOARD OF DIRECTORS Phil Turkington John Vaughan Valerie Ed>mundson Jan Moore Mavis Blaxy Ginger Steffy Sant McLane Ted Grainge Frank Mclihargey Dave Keating Tom Janz Mike Sipes Kathy Scott Cyndl Ware Loretta Lunn BULK RATE U.S. Postage PAID Permit No 5 Soldotna, AK Insurance Cache 262-4425 Homer Electric Assoc. 283-5831 National Bank of Alaska 262-4435 Freedom Realty 262-1770 Laurawood Arms 262-4591 Kenai Peninsula College 262-5801 McLane & Associates 283-4218 Retired 262-1565 President Senior Citizens 262-4587 Freedom Realty 2I62-1770 Pay 'N Save 2162-9324 Mykel's/Soldotna Inn 2162-9169 Soldotna Chamber 262-9814 Soldotna Chamber .a. 0. Commerce 44790 Sterling Hilghway May 31, 1989 Ron Dalby, Editor ALASKA Magazine 000 E Street, Suite 200 Anchorage, Alaska 99501 Dear Mr. Dalby: Phone: 262-9814 The Greater Soidotne Chamber of Commerce takes great offense in your most recent publication of Alaska Magazine and the manifest sensationalism of the Exxon Valdez oil spill. The cover photo and headline imply all of Alaska is a "lost paradise." Do you realize the eXtent of the damage you have imposed on the present and future of Alaska's tourism seasons? I am personally greatly disappointed that such a reputable and long time respected publication has stooped to this level in the interest of selling magazines. Until now your journal represented the ultimate in credibility, sending inviting messages to would be travelers and vacation dreamers. Some of those dreams have been dashed; many travelers re-routed. We realize that advertisers can not dictate editorial policy, nor should they. But it is clear advertisers will place where the editorial policy is in sync with the goals and purposes of the advertiser. This Chamber, like all Chambers, struggles constantly for continued funding to carry the message of our greatland to many. We have spent several hard earned dollars with f.., ,Aigge U,2 zziine denying other publications - because of our confidence in the publication, the staff and the ability to deliver. The Board of Directors of the Greater Soldotna Chamber of Commerce wishes to express their sincere disappointment and outrage at Alaska Magazine's approach to the oil spill. We shall consider at length renewal of our annual December display ad. Sincerely, Kathleen F. Scott Executive Director CC: Richard Underkofler Soldotna City Manager Peter Sykas, Publisher ALASKA Magazine Joseph Meagher, President Alaska Publishing Properties Yankee Publishing 33 Union Street Boston, MA 02108 R 0 June 3- 10 *AGC King Salmon Fishing Derby Contact 262-9151 or 561-5354 Ftr J. 6, June 7-8 *Korean Travel Executive Peninsula FAM Trip June 9- 10 Jurie 21,*2.4-215 June 24-25 *rliss Alaska 2nd Pageant Contact Vicki Weber 2�2-9334 *"The End of the Road" Radio Show; 6-21 10 am in Homer, $6 6-24 7:30 pm and 6-� 5 3pm in Anchorage, $12 For tickets and more Information Contact 235-81344 *Gun Show, Lions Club at 315 Kobuk, $2 addmission fee 10-8 on 24th and 10-6, on 25th. Contact 262-4296 une- Kenai Kennel Club--Dojg Show held at Sports Center. 01 *Alaska State Square Dance Festival Contact Peninsula Promenaders 262-4088 '*The Pier One Theater ij open every weekend on the spit with showings at 8:15 p.m. or advance, reservations call 235-733 'June weekends: Pssst..1"Rosencrantz and Guildenstern are Dead" (or Backstage wit h,08 let) a comedy. VO I 4-16n --Y c 7. ol o ' 97 a U $ L. L. FA 4 . !I �, r p 3,,. a (u r N SI N y � 1 1 Q d 7 VA .. $ PA ono CA wa ad °° , W sit -CD rm � � a p a * ., d Is co 06 3aav v.n a db OF _ M k ' 'ja �,1Y �w`I•.� nIN! A- 7"; �i'kgPr.��I :Y{ ® ;; �. �.e na G£ fit;' z• ,'. -"i.. k eJ 4 J •4 Y.s g�•. ... y r Z7l.:At 4::�' ' �a�, ?.;,f;�i{r .'a 7� X.Ye'7+k7rll q r , ti• r '.p'�• i i?` CG .: •'. Jii3j.^... i' 7.TJi•'�`^�+��i'r:fieF,4 ;T, .�... �� 1 �' i:.'.0l:;a., y:;'.;�ir.�g„-.a : iF<;iA`w;.:s..: �ji�h::siii'Ai{.r�::l •.�• ; ':*. wfl�: � 3n: •:w..i: iA., r rNFo-9 9(Enai Community _Pifnaxy A PUSUC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 REPORT FOR THE MONTH OF MAY Circulation Adult Juvenile Easy Books Fiction 1055 342 820 Non —Fiction 1294 138 191 Total Book Circulation Films, Phonodiscs, Pamphlets, Periodicals Total Circulation Additions Adult Juvenile AV Gifts 17 0 0 Purchases 78 3 46 Total Additions Interlibrary Loans Ordered Received Returned Books 83 56 61 AV 15 15 15 Interlibrary Loans by our Library Books Films 19 24 Volunteers Number .. 28 Total Hours .. 509 Income Fines and Sale Books 953.20 Lost or Damaged Books 267.95 Xerox 325.25 Donations(Chamber pot) 16.00 Refund to 2022 12.25 Total Income for May 1989 ... $1,574.65 3840 663 4503 17 127 144 9(Enai. Ifommunikq .l.V taty A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued May 1989 Kenai 110 Soldotna 60 Nikiski 22 Clam Gulch 2 Sterling 8 Kasilof 14 Anchorage 4 220 I IV FV-/a DATE: TO: FROM: RE:. June 5, 1989 Ci ty of I:enai Alaska Families United, Parent United. Inc. Notification of -Pull Tab Locations To whom it may concern: Attached in an updated notification of pull tab activities in your area. There may have been additions and/or deletions since the last notification. ' 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. S cerel, T. St Imam Vice Chairman Fund Raising Committee Attachment The Maverick Club Soldotna Inn The Nightwatch Larry's Club The Place Motel & Bar Parkers Opals Cafe and Bar PARENTS UNITED 44698 Sterling Highway, Soldotna 99669 Janet.Antosk 262-7979 P.O.Box 565, Soldotna 99669 Mike Sypes 262-9169 Box 720, Soldotna 99669 Rusty 262-7020 P.O.Box 8312, Nikiski 99635 Dave or KC 283-9935 Box 1937, Kenai 99611 John Young 283-9915 Box 3069, Soldotna 99669 Taeh Lee 262-4670 Box 792-L, Soldotna 99669 Opal 283-9365 twins Lodge Mile 52 Sterling Highway, Copper Landing 99572 Kay & Toni 595-1266- Casino Bar Box 857, Kenai 99611 Red McKenzie Peggy Garnand 283-999 2 - Longmeere Liquor Box 1270, Soldotna 99669 John Cho 262-1068 Video 14orth Cox 123, Glennallen c01588 Paul Vhito 822-5556 New Seward Saloon The Pit Bar Evergreen Lodge Ray's Waterfront Box 670, Seward 99664 Brad Snowden 224-3G.95 Box 1237, Seward 99664 Dennis Kowalski 224-3006 HCO1 Box 1709, Glennallen, Lake Louise g9588 Jack Hansen 822-3250 Box 1750, Seward 99664 Ray or Leslie 224-5606 FA RENTS L ,1 I TED rege ivo Old Time Grocery t4 North Spur Hwy., Kenai, Ak 99611 Larry Compton 283-4269 Bishop Creek Poute 1 Box 990, Ye-;ai 99611 Earl Robin or Linda 776-82+6 Sunrise inn ,'ile 1-6 Sterling Y.ig'-wav, `•'ccse P.ss 99631 "Devi ht, Evelvn, =:-uce Jackie 595- 222 Lonely Lady 52E 5th Averue, `u4te 2 2 F�-'r,ts cc701 Cecilia 179-11E2 DJ's Wheelhouse Dreariland Bowl Point of View Mom and Dads Store Box 1144,-er:ard, AK 99664 Doris Cocran 224-5536 P.O.Box 1349, Sevard 99664 Yin, Ro•,:alski 224-3544 HCO1 Box 1706, Glennallen 99568 Yave Hamilton or Joe Pittman Box 267, Sterling 99672 Mr. Lee 262-6434 Blue Grouse P.O.Box 4054, Kenai 99611 Richard C000er 283-4281 Pizza Pete's 35433 Kenai Spur Y.,:v., Soldotna 9c�;669 Angela & Art 262--5 Clan S,-.ell Lodge Lox 4 9, C- 7 G_-c:-. L: 1 C: Rose ''.-c e_ _e:c 26i-L2 Decanter Inn Lox 94669 Terry Fall & Bud Ace 262-5917 PARENTS UNITED Page THree North Bar Forelands Bar Moose Pass Inn Putter Lounge Katmai Hotel Short Stop Market & Liquor Moose River Inn Funny River Grocery Robinsons Mini Mall --- --- K e rya i J o e s -- King Oscars Deep Creek Resort P.4.Box 39349, Ninilchik 99639 Daryl Chaw 567-3442 Mile 20 Kenai Spur Hwy., Kasiloff 99610 Ron Kiel 776-9907 General Delivery. Moose Pass 99631 Linda Sherrill -(r-5-6-��ff- 3//O SRA 26 Homer 99603 Al & Lavonne 235-8644 10800 Kenai Spur Higghway, Kenai 99611 Jim Singree 283-6101 Box 496, Seward 99664 Connie Bencardino 224-8775 34055 Sterling Highway, Sterling 99672 Millie, Art 262-9917 HC1 Box 1584, Soldotna 99669 Doug Paxton, Phyllis 262-2644 50535. Kalfonski Beach Road Yenai 99669 George 283-9384 Co- 2818, Kenai 99611 Dale 283-5637 Box 1080 Kenai 9966P 10352 Spur Highway Glenn 2.-83-6060 Box 39370 Ninilchik 99639 Mile 136.3 Sterling Highway Glenn Dobbe 567-3396 z NFo - i/ KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING May 16, 1989; 7:30 p.m. Borough Administration Building Soldotna, AK 99669 - A G E N D A Nkbr. A. CALL TO ORDER" B. PLEDGE OF ALLEGIANCE C. INVOCATION: Rev. Redmond, Calvary Baptist Church co ; � 4,, ; 03 D. ROLL CALL E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERSCL�EZQ��'`; F. APPROVAL OF MINUTES: May 2, 1989 1 G. COMMITTEE REPORTS 1 (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, Skogstad, Keene) H. REPORTS OF COMMISSIONS AND COUNCILS I. MOTIONS TO RECONSIDER J. AGENDA APPROVAL AND CONSENT AGENDA (a) Res, 89-56 "Authorizing the Mayor to Award a 1 Adopted Contract for Exterior Refinishing/Painting of the Borough Administration Building" (Mayor) (b) Res. 89-57 "Authorizing the Mayor to Award a 4 Adopted Contract for the North Peninsula Park Trail Clearing Project" (Mayor) (c) Res. 89-58 "Authorizing Award of a Contract 1 Adopted to Honeywell, Inc. for Installation of Energy Conservation Measures at Kenai Central High School, KCHS vocational Education Building, and Nikiski Elementary" (Mayor) (d) Res, 89-59 "A Resolution Approving a Special 4 Defeated Use Permit Within a Borough Right -of -Way" MTR McGahan (Mayor) (e) Vacation of sixty-six foot section line ease- 1 Adopted ment; between Cook Inlet and quarter corner, Sections 4 & 9 Township 2 South, Range 14 West, Seward Meridian (f) Vacate utility easement Lot 5, Block 2 Silent 2 Adopted Forest S/D, Sec. 6, T7N, R11W, S.M., Alaska (g) Vacate unnamed 40, public right-of-way lying 2 Adopted between lots 14A and 15A, Hodgson Subdivision Section 30, TSN, R10W, S.M., Alaska K. ORDINANCE HEARINGS (a) Ord, 89-22. "Affirming the Emergency Appro- 2 Adopted priation of $3,000,000 to Provide Funding for Response to the Exxon Valdez Oil Spill Im- pacts to the Kenai Peninsula Borough as Enacted on April 14, 1989" (Mayor) (b) Ord. 89-24 "Appropriation for School Purposes 2 Adopted for Fiscal Year 1989-1990" (Mayor) L. INTRODUCTION OF ORDINANCES Page Nbr. (a) Ord. 89-27 "Classifying and Authorizing Dis- 2 Adopted posal of Certain Lands Obtained by the Kenai Peninsula Borough Through Tax Foreclosure Procedures" (Mayor) M. CONSIDERATION OF RESOLUTIONS (a) Res. 89-53 "Approving a new Collective Bar- 3 Adopted gaining Agreement with the Kenai Borough Employees Association" (Mayor) (b) Res. 89-54 "Providing for Executive and Ad- 4 Adopted ministrative Salary Assignments for Borough Staff Exempt from Labor Agreement" (Mayor) (c) Res. 89-60 "Award of Contract for Removal of 2 Adopted Local Underground Storage Tanks" (Mayor) (d) Resolution "Commending Daniele McLin of Homer 2 Adopted High School for Winning the State FFA Public Speaking Contest and Qualifying for the Na- tional FFA Public Speaking Contest in Kansas City" (Poindexter) (e) Resolution "Commending Curt Efta of Susan B. 2 Adopted English School on Winning the State Wrestling Championship in the 130-Pound Division" (Crawford) N. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) (a) Res. 89-22 "Authorizing the Transfer of Unexpended Minor Capital Project Funds from Various Minor Capital Projects in the Amount of $233,859.69 to an Account for the KCHS Grandstand Bleacher Project" (Mayor) TABLED 3/7 (b) 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 Outside Cities, to Remove Restrictions on Expenditures and Hiring" (Hodgins/McGahan/McLane/Brown/Glick) POSTPONED TO 6/6/89 (c) Ord. 89-20 "Amending the KPB Code of Ordinances to Permit Semi -Annual Filing for Certain Low -Volume Businesses" (Nash) POSTPONED TO 6/6/89 (d) Ord. 89-23 "Classifying Borough Owned Lands as 'Sale Lands' and Authorizing a Public Sealed Bid Disposal of Tract C Fishermen Roads Subdivision Located Within Section 30, Township 5 North, Range 11 West, Seward Meridian" (Mayor) HEARING 6/6/89 (e) Ord. 89-25 "Authorizing Borough Patented Lands to be Leased to the Moose River Raft Race and Ster- ling Days, Incorporated" (Mayor) HEARING 6/6/89 (f) Ord. 89-26 "Appropriating Funds for Fiscal Year 1989-1990" (Mayor) (g) Ord. 88-49 "Amending KPB Chapter 20.20 Regarding Subdivision Design Requirements by Enactment of a New Selection 20.20.035 Providing Access Require- ments for Proposed Subdivision of Land Isolated by the Alaska Railroad Right -of -Way From the State Highway System" (Mayor) POSTPONED TO 7/18 (h) Ord. 88-27 (Revised) "Amending KPB Title 21 to Add a New Chapter 200 Pertaining to the Burial, Dump- ing, Transporting, Storage, Incineration, or Other Disposal of Potentially Harmful, Toxic or Hazard- ous Waste Materials, and Amending KPH 10.10 Per- taining to the Waste Disposal Commission" (Nash) REFERRED TO PLAN. CMSN./ASSM. T.F. 0. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (a) Alan Dubin, Liquor License Transfer (b) Valentine Gaspar, Liquor License Transfer Q. MAYOR'S REPORT R. OTHER BUSINESS (a) Letter of Nonobjection to Liquor License Transfer while Questioning Validity of License S. ASSEMBLY AND MAYOR'S COMMENTS T. INFORMATIONAL MATERIALS AND REPORTS (a) Revenue and Expenditure Report U. NOTICE OF NEXT MEETING AND ADJOURNMENT (June 6, 1989) 9 9 10 Adopted KENAIPENINSULA BOROUGH REGULAR ASSEMBLY MEETING May 16, 1989; 7:30 p.m. Borough Administration Building Soldotna, AK 99669 MINUTES A. CALL TO ORDER Pres. Sewall called the meeting to order at approximately 7:30 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION: Rev. Redmond, Calvary Baptist Church D. ROLL CALL PRESENT: Brown, Carey, Glick, Hodgins, McGahan, McLane, Moock, Mullen, O'Connell, Poindexter, Sewall, Skogstad; Mayor Gil- man, Atty. Boedeker, Finance Director Kinney, Personnel Director Campbell, Public Works Director Brown, Borough Clerk Brindley EXCUSED: Crawford, Nash, Walli, McLane E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: May 2, 1989 approved w/minor amend 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 Chairman Skogstad noted copies of Adm. Asst. Huss' report on end of legislative session reflecting capital budget projects for district 5 and 6. A full report on legislation will be supplied at the June 6th meeting. Assemblymember Hodgins noted his narra- tive on the pending port and harbor ordinance. (c) Public Works/Ed. (Chm. McLane, V. Chm. Moock, Brown, Hodgins, McGahan, Skogstad, Keene) (d) Conditional Use Task Force (Assembly/Planning Comm.) Assemblymember Skogstad said he was going to schedule a full meeting during the day to address conditional use with a report forthcoming. H. REPORTS OF COMMISSIONS AND COUNCILS I. MOTIONS TO RECONSIDER J. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 89-56 "Authorizing the Mayor to Award a Contract for Exterior Refinishing/Painting of the Borough Ad- ministration Building" (Mayor) (b) Res. 89-58 "Authorizing Award of a Contract to Honeywell, Inc. for Installation of Energy Conservation Measures at Kenai Central High School, KCHS Vocational Education Building, and Nikiski Elementary" (Mayor) (c) Vacation of sixty-six foot section line easement; be- tween Cook Inlet and quarter corner, Sections 4 & 9 Township 2 South, Range 14 West, Seward Meridian 1 Kenai Peninsula Borough Assembly Regular Minutes May 16, 1989 (d) Vacate utility easement Lot 5, Block 2 Silent Forest S/D, Sec. 6, T7N, R11W, S.M., Alaska (e) Vacate unnamed 40' public right-of-way lying between lots 14A and 15A, Hodgson Subdivision Section 30, T5N, R10W, S.M., Alaska (f) Resolution "Commending Daniele McLin of Homer High School for Winning the State FFA Public Speaking Con- test and Qualifying for the National FFA Public Speak- ing Contest in Kansas City" (Poindexter) (g) Resolution "Commending Curt Efta of Susan B. English School on Winning the State Wrestling Championship in the 130-Pound Division" (Crawford) (h) Resolution "Commending Tom Boedeker on Winning the First Place Title in the Individual State Problem Solv- ing Bowl Competition, Senior Division" (Nash) (i) Resolution "Honoring James C. Hornaday, Homer District Court Judge" (Walli) (j) Resolution "Commending Students, Faculty and Staff of the Homer High School for Winning a Position of Excel- lence in the Secondary School Recognition Program" (Walli) (k) Ord. 89-27 "Classifying and Authorizing Disposal of Certain Lands Obtained by the Kenai Peninsula Borough Through Tax Foreclosure Procedures" (Mayor) HEARING SET FOR 6/20/89 (1) Res. 89-60 "Award of a Contract for Removal of Local Underground Storage Tanks" (Mayor) ASSEMBLYMEMBER GLICK MOVED TO REMOVE RES. 89-22 FROM THE TABLE. Assemblymember Glick felt removal from the table was timely. She noted support from the Kenai City Council, Kenai Chamber of Com- merce and the Kenai Bicentennial Commission. RES. 89-22 WAS REMOVED FROM THE TABLE BY UNANIMOUS CONSENT FOR AGENDA CONSIDERATION. THE CONSENT AGENDA, AS AMENDED, WAS ADOPTED BY UNANIMOUS CONSENT. K. ORDINANCE HEARINGS (a) Ord. 69-22 "Affirming the Emergency Appriation of $3,000,000 to Provide Funding for Response to the Exxon Valdez Oil Spill Impacts to the Kenai Peninsula Borough as Enacted on April 14, 1989" (Mayor) ASSEMBLYMEMBER GLICK MOVED ENACTMENT OF ORD. 89-22. Public hearing was opened and closed as there was no public com- ment. ORD. 89-22 WAS ENACTED BY UNANIMOUS CONSENT. (b) Ord, 89-24 & Su st. "Appropriation for School Purposes for Fiscal Year 1989-1990" (Mayor) ASSEMBLYMEMBER GLICK MOVED ENACTMENT OF ORD. 89-24 SUBST. Public hearing was opened and closed as there was no public com- ment. 01 ASSEMBLYMEMBER MC GAHAN MOVED TO AMEND SECTION 1., LINE 6, STRIKE/ADD: "B. Borough Maintenance $(4,100,000] $3,960,000" Assemblymember McGahan said some of the services now performed by maintenance would be turned over to other areas. Although it had been stated the maintenance department would be taking on addi- tional footage, she stated the new buildings had come on with last year's budget for $3,968,000. She noted she had previously tried to amend to $3,968,000 at introduction of the ordinance. As a duplicate motion was prohibited by Mason's, Mrs. McGahan moved to amend to $3,960,000. Atty. Boedeker stated the total of $23,412,146 had already been approved. Therefore, some other numbers would have to be in- creased to balance to the total. Assemblymember Brown stated he could not in good conscience support cutting the maintenance department as maintenance of empty schools was different than occupied schools. ASSEMBLYMEMBER MC GAHAN WITHDREW HER AMENDMENT AFTER THE ATTORNEY'S ADVISORY. ORD. 89-24 WAS ENACTED ON A VOTE OF 10 YES, 2 NO; McGahan and Carey voting No. L. INTRODUCTION OF ORDINANCES See Consent Agenda M. CONSIDERATION OF RESOLUTIONS (a) Res. 89-53 "Approving a new Collective Bargaining Agreement with the Kenai Borough Employees Association" (Mayor) ASSEMBLYMEMBER GLICK MOVED ADOPTION OF RES. 89-53. Local Affairs Chairman Skogstad said the committee heard presen- tations from APEA negotiatior, David Kayser, and Personnel Direc- tor Campbell. The committee voted 3 yes, 1 no for "do pass" recommendation. Dave Kayser, regional supervisor for the Alaska Public Employees Association and chief negotiator for the KBEA, urged passage of the resolution for contract adoption. He felt issues of both sides - administration and employees - had been addressed. Judy Dixon. Nikiski, thanked administration's representation Ross Kinney, Richard Campbell and Carolyn Turkington and KBEA's Bar- bara Wilcox, Rob Cockcroft, Doug Nightingale and Randy Willis and Dave Kayser. She also thanked the Finance Dept. for their work and commended the fire service area employees. She said there were a lot of dedicated and loyal employees at the borough. Randy Willis, Soldotna, said many long hours were put into the negotiation and he felt it was a fair contract. He noted an overwhelming majority of employees approved the contract. Assemblymember Glick, assembly representative in negotiations, said several things were accomplished -- management did get private contracting capabilities after 18 months, and a cap on individual employee insurance ($350 per month) at which time the insurance would be reviewed. She noted employees had had no salary increase for three years and had in fact theoretically taken a salary reduction. Personnel Director Campbell stated the agreement was the borough would continue to pay full employee insurance coverage through 9 Kenai Peninsula Borough Assembles, Regular Minutes May 16, 1989 next fiscal year. If the insurance company rates exceed what is paid in the coming year for any subsequent fiscal years, an automatic renegotiation of health insurance provisions will be triggered. Assemblymember McGahan expressed disagreement with some provi- sions, i.e., Article 23, 3rd Section, regarding the minimum $750 increase; 7th Section regarding the $1,200 dive incentive pay; Article 28, clothing allowance for pool maintenance workers; and Article 29, minimum call back allowances of three hours pay; Ar- ticle 11, Nepotism, which she felt should include the service areas; Article 23, pay scale. She felt those employees with more years of service should have higher pay. She also felt 56-hours call back pay of 2.1 times regular wages was excessive. Assemblymember Carey felt the $350 per person insurance coverage indicated everyone should support catastrophic health insurance by the federal government. He voiced support for the safety per- sonnel and urged passage. RES. 89-53 WAS ADOPTED ON A VOTE OF 11 YES, 1 NO; McGahan voting No. (b) Res. 89-54 "Providing for Executive and Administrative Salary Assignments for Borough Staff Exempt from Labor Agreement" (Mayor) ASSEMBLYMEMBER GLICK MOVED ADOPTION OF RES. 89-54. There was no public comment. Assemblymember Carey stated he would vote against the resolution. He said of the 28 positions listed under Appendix A, 19 are held by men. He felt this reflected a societal bias against women. Assemblymember Skogstad asked about inclusion of the mayor's, lawyer's and personnel director's secretaries. Mr. Campbell stated these employees receive the same provisions as the clas- sified employees. Pres. Sewall noted the deputy clerk received an increase beyond the 3.68% because there had been a commensurate increase in records management duties. RES. 89-54 WAS ADOPTED ON A VOTE OF 10 YES, 2 NO; McGahan and Carey voting No. (c) Res. 89-57 "Authorizing the Mayor to Award a Contract for the North Peninsula Park Trail Clearing Project" (Mayor) ASSEMBLYMEMBER GLICK MOVED ADOPTION OF RES. 89-57. There was no public comment. Assemblymember Carey asked about the wide range of bids. Public Works Director Brown said the department had set down with the low bidder and requalified his bid and HE was in compliance with Davis -Bacon wages. The North Peninsula Recreation Service Area was pleased with the low bid. Mr. Brown noted some bidders came in high and apparently just wanted to submit to stay on the bid- ding list. RES. 89-57 WAS ADOPTED BY UNANIMOUS CONSENT. (d) Res. 89-59 "A Resolution Approving a Special Use Permit Within a Borough Right -of -Way" (Mayor) ASSEMBLYMEMBER GLICK MOVED ADOPTION OF RES. 89-59. 4 Scott Earslev. representative for Inlet Salmon, appeared to answer any questions. Pres. Sewall observed the Planning Commission minutes stated the entire project would be subject to the Kasilof River plan, cur- rently being drafted. Mr. Earsley said he sat on the board and this special use permit meets with the board's recommendations. He confirmed no ground up fish waste would go into the river, just waste water. Assemblymember Mullen asked how much pressure would be on the line. Mr. Earsley said pressurized was a poor description of the system as primarily the system would be gravity. The plant sets 125 feet above the river or about 1500 feet as the crow flies from the river. A pump will start the flow of the water to the river, gravity and siphon action will carry the flow. The waste water will be screened to prevent anything over 1/2 inch passing. The outfall of the line will be in tidewater. The fish heads and guts will be trucked to the Kenai plant for grinding and dis- charge into the river. Per Assemblymember McGahan's inquiry, Mr. Earsley stated DEC checks to see that biodegradeable cleansers are being used in the plant. The Kasilof River Board has asked for independent monitoring of wastewater as opposed to self -monitoring. He indi- cated permits would be required from EPA, DEC, Fish and Game, DNR, Army Corps of Engineers, and the borough. Assemblymember Sewall asked about double -lined pipes and regula- tions. Mr. Earsley said per DEC regs for a Class B water system, double -lined pipes are required if the wastewater line comes within 75 feet of a private well. Mr. Earsley approximated 40,000 gallons per day of wastewater. DEC has granted a variance for one year, allowing the plant to discharge wastewater into a septic tank which goes into a 200 by 70 drainfield. However, DEC has concerns about the nitrogen content in the water eventually turning into nitrates in the groundwater. If permission is not granted for a pipeline, processing at the plant will have to be discontinued and only freezing could be accomplished. Assemblymember O'Connell stated his concern that a lot of actual wastes such as fins, scales, and long stringy matter could go through a 1/2 inch screen. It was noted this was the agency specified size of screen (punchplate) now in use by other proces- sors. Assemblymember Mullen asked Mr. Earsley if there had been any preliminary feedback from the other permitting agencies. Mr. Earsley indicated he'd submitted applications to EPA, DEC, Fish and Game, Army Corps of Engineers and DNR. EPA is currently is- suing a general permit for all seafood processors in Alaska and didn't wish to review an individual application at this time. EPA has indicated when a general permit does come out for public comment, this plant would be covered in that category. DEC has concerns about going into the Kasilof River and would like an in- dividual permit issued rather than general. Fish and Game, Habitat Division, has stated they had no problem but can't do anything officially until the division of governmental coordina- tion releases the permit for review. Until that time, Mr. Earsley has to have a secured pipeline route and have the plan engineered in greater detail prior to submission to DEC. Once this process starts there is a 60-day review period. Assemblymember Skogstad expressed concern about the detergents. Mr. Earsley said the EPA permit application requires submission of the names of chemicals, classification and quantity being used. Mr. Earsley said DEC's main concern was the discharge in freshwater as opposed to seawater. Assemblymember Hodgins asked if this resolution were defeated to allow time for other agencies review, when it could be again ad- dressed. Atty. Boedeker stated it could be brought back up in 60 days. Mr. Earsley indicated he couldn't go any further until an engineered pipeline plan is ready for submission to DEC, EPA, etc. Assemblymember O'Connell asked how soon would construction start if the resolution were approved. Mr. Earsley said he would have to receive the other agencies permission so it would probably be 60 to 90 days minimum before this is achieved. Mr. Earsley stated this was a freshwater discharge because it goes into a river. EPA or DEC will not consider such a discharge unless there is a tidal influence on the river in the area of the pipeline. There is a normal tide in this area of 16 to 17 feet. Pres. Sewall relinquished the gavel to Vice -President McGahan. Assemblymember Sewall thanked Mr. Earsley for the information supplied. He stated his intent to vote for the resolution and that it was a lot better than what was being done in other cases. Vice -President McGahan returned the gave to Pres. Sewall. Assemblymember Moock asked Planning Director Troeger if proper- tyowners are notified by registered letter prior to planning com- mission consideration. Mr. Troeger stated it is not required to notify propertyowners. Assemblymember Hodgins received confirmation that if the line comes within 200 feet of a class B well, serving more than 75 people, the line must be double -lined. Mr. Earsley said right now there are about B people living within the subdivision. The lots are much larger than 75 feet. Assemblymember Hodgins said he thought the resolution should be approved. Per Assemblymember Keene's question, Mr. Troeger said the permit would stipulate the owner of the facility bears all respon- sibility or liability for damage to the line or expense for moving the line. Assemblymember Mullen stated his discomfort with the resolution. He said if there were a way to get better indication from the other agencies involved, he could be more supportive. He also felt landowners should be notified. Assemblymembers Brown and McGahan stated their support for the resolution. Assemblymember Keene and Assemblymember McGahan stated their potential conflict of interest because they had sold fish to this processor in the past. Atty. Boedeker said he didn't feel these were substantial finan- cial interests involving conflict of interest. PRES. SEWALL RULED THERE WAS NO SUBSTANTIAL CONFLICT OF INTEREST INVOLVED FOR ASSEMBLYMEMBERS KEENE AND MC GAHAN. Assemblymember Carey felt anytime a member said they have a con- flict, they should be allowed to abstain. Assemblymember Keene confirmed he didn't feel he had a substan- tial conflict as there were other processors he could sell to. Assemblymember Poindexter said the assembly has the respon- sibility to be a watchdog for the environment, but there is also a responsibility to businesses and the peninsula economy. He Kenai Pan;nsula Borough Assembly Regular Minutes May 16, 1989 noted historically fish wastes have been ground and put back into the water for a long time without a large environmental impact. Assemblymember O'Connell asked the mayor what borough policy was about leases across borough lands to private concerns. He recalled other boroughs have exacted monies for these right of ways. Mayor Gilman said he didn't believe there was a stated policy on granting these special use permits. Planning Director Troeger advised the borough does issue special use permits on borough lands to private individual for a variety of purposes. This right of way has been dedicated to the public. The borough does not have any regulatory authority over the road right of way as road powers have not been adopted. With the definition of "public right of way", the applicant felt the borough was the agency to contact for this permit. Atty. Boedeker advised the borough has no special policy on regulation of user rights of way except in connection with road service areas. However, when Title 29 was revised, there was a specific granting of authority for boroughs to regulate use of rights of way. Over the past six years, he said there have been at least five times special use permits have been issued for rights of way. Written into these permits is language specifi- cally stipulating use shall not interfere with the purposes for which the right of way was dedicated. He noted if a right of way is vacated in the future, it "acretes" - goes back to the sur- rounding propertyowners from which it was originally dedicated. Atty. Boedeker said any permits that have been granted were sub- ordinate to any utility easements or permits within the rights of way. Assemblymember O'Connell stated his discomfort with issuing a half -mile right of way to a private entity through a subdivision. He felt this was cutting options of future owners as far as " upgrading the subdivision. He was of the opinion owners would have to bear the expense of moving the pipeline when putting in their own utilities. He felt the decision should be delayed. The assembly may remand the issue back to the planning commis- sion. Atty. Boedeker said the planning commission only recommends on these uses, as this is a grant of an interest in borough land. The assembly is the body with the authority on its use. Assemblymember Carey said as a trustee of public or private in- terest, he would vote no on the resolution as the private proper- tyowners were not notified. RES. 89-59 WAS DEFEATED ON A VOTE OF 7 YES, 5 NO: YES: Skogstad, Poindexter, Hodgins, Glick, Sewall, McGahan and Brown NO: Moock, Mullen, O'Connell, Keene and Carey ASSEMBLYMEMBER MC GAHAN GAVE NOTICE OF RECONSIDERATION ON RES. 89-59 FOR THE JUNE 6th MEETING. (d) Res. 89-22 "Authorizing the Transfer of Unexpended Minor Capital Project Funds from Various Minor Capital Projects in the Amount of $233,859.69 to an Account for the KCHS Grandstand Bleacher Project" (Mayor) ASSEMBLYMEMBER GLICK MOVED ADOPTION OF RES. 89-22. Jan Kirstine. Nikiski, appeared on behalf of the Kenai Boosters and asked support for passage. She cited the safety factor of Kenai Peninsula Borough Assembly Regular Minutes May 16, 1989 using 20 year old bleachers and observed the originals had been built by the boosters. Assemblymember Moock asked the risk manager's assessment of the bleachers be supplied from administration. Assemblymember Hodgins said although he'd opposed the bleachers contingent on receipt of school foundation funding dollars, it was now known these dollars were adequate to prevent layoffs. Therefore, he could now support the project. Assemblymember Moock noted the risk manager's report discussed the exposed tierods and the liability of the borough. He recom- mended replacement of the existing bleachers or complete removal. Mrs. Moock urged passage of the resolution. Assemblymember Carey noted he'd been on the first Kenai Central football team and felt the bleachers should be replaced after 20 years. Assemblymember Brown urged passage based particularly on the safety factor. RES. 89-22 WAS ADOPTED BY UNANIMOUS CONSENT. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) (a) Res. 89-22 "Authorizing the Transfer of Unexpended Minor Capital Project Funds from Various Minor Capital Projects in the Amount of $233,859.69 to an Account for the KCHS Grandstand Bleacher Project" (Mayor) TABLED 3/7 (b) 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 Outside Cities, to Remove Restrictions on Expenditures and Hiring" (Hodgins/McGahan/McLane/Brown/Glick) POSTPONED TO 6/6/89 (c) Ord. 89-20 "Amending the KPB Code of Ordinances to Permit Semi -Annual Filing for Certain Low -Volume Businesses" (Nash) POSTPONED TO 6/6/89 (d) Ord. 89-23 "Classifying Borough Owned Lands as 'Sale Lands' and Authorizing a Public Sealed Bid Disposal of Tract C Fishermen Roads Subdivision Located Within Section 30, Township 5 North, Range 11 West, Seward Meridian" (Mayor) HEARING 6/6/89 (e) Ord. 89-25 "Authorizing Borough Patented Lands to be Leased to the Moose River Raft Race and Ster- ling Days, Incorporated" (Mayor) HEARING 6/6/89 (f) Ord. 89-26 "Appropriating Funds for Fiscal Year 1989-1990" (Mayor) (g) Ord. 88-49 "Amending KPB Chapter 20.20 Regarding Subdivision Design Requirements by Enactment of a New Selection 20.20.035 Providing Access Require- ments for Proposed Subdivision of Land Isolated by the Alaska Railroad Right-of-way From the State Highway System" (Mayor) POSTPONED TO 7/18 (h) Ord. 88-27 (Revised) "Amending KPB Title 21 to Add a New Chapter 200 Pertaining to the Burial, Dump- 8 ing, Transporting, Storage, Incineration, or Other Disposal of Potentially Harmful, Toxic or Hazard- ous Waste Materials, and Amending KPB 10.10 Per- taining to the Waste Disposal Commission" (Nash) REFERRED TO PLAN. CMSN./ASSM. T.F. 0. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Alan Dubin. Wasilla, appeared as the proprietor to address the transfer of a liquor license Mary Ann's - addressed at the May 2, 1989 meeting. At that time the assembly remanded the transfer back to the ABC Board for further investiga- tion. Mr. Dubin said there had been two misunderstandings when the transfer had been originally considered. He indi- cated the application form had been completed incorrectly through a clerical error. The mistake had been clarified with the ABC Director Pat Sharrock. After conversation with Mr. Sharrock, the other concern of actual 30-day operation had also been clarified. The license had originally been operated at the Crown Point Lodge. After the toxic spill, the DEC would not grant use of water in the area and the license was relocated. The ABC Board granted a waiver on the 30-day operation based on the spill. After being unable to operate a year later, the licenseholders assumed they couldn't receive a waiver again. However, Director Sharrock advised one could have been issued. The Dubins then applied for a transfer of the license to the K-Beach location. Rep- resentatives of DEC, ABC, highway patrol and the borough were at the K-Beach location with the understanding they didn't want to operate a gainful business. Operation was only for activation of the licenses. The DEC authorized a permit to use a Cohlman cooler to put water in and plastic cups. The troopers also inspected the premises per ABC guidelines. He produced a statement of account from the Alaska Department of Labor substantiating employees to operate the business and a statement for liquor purchased. They did not advertise as they didn't wish to actively transact business. The employee was either in the store or in the neighboring store at all times. A note was placed on the door indicating the employee might be contacted next door at the Short Stop if not in the store. Director Shar- rock indicated this was legal. He also produced four sworn statements that the business was open. He asked that the assembly address the matter. Pres. Sewall said the item was not at this time on the agenda. He asked Mr. Dubin to clarify the date the license had been purchased at Crown Point. Mr. Dubin recalled they'd been negotiating a lease for February of 1987, subse- quent to the toxic waste spill. Assemblymember O'Connell advised he'd passed through the liquor store almost everyday of the supposed operation. Most times, the door was unlocked with no attendant and no visible inventory. Mr. Dubin rejected Assemblymember O'Connell's statements and reasserted his compliance with ABC rules. Valentine Gaspar, representative for proposed new owner, Castle Warehouse, of the license presented a petition with 160 signatures in support for the warehouse acquiring the license. He advised if the license were not addressed tonight, there would be a month and a half delay. He as- sured the assembly the license would be operated actively and sales taxes would be paid. Q. MAYOR'S REPORT Mayor Gilman noted a document from Perkins & Coie which will unify and coordinate with other municipalities about what is reimbursable from Exxon. Mayor Gilman stated the borough's emergency powers run out in 60 days, and the borough is not in an emergency situation any longer. The borough would then be subject to this agreement for expenditures. Secondly, the mayor advised he'd written a letter to the commandant of the Coast Guard objecting to the plan pub- lished the first of May. He said the plan is not accurate and does not reflect existing circumstances on the outer gulf coast. He advised he will be meeting with Commandant Yost in Washington, D.C. and will present video tapes to him of our affected areas. He said oil can be picked up off the beaches with shovels and buckets. He said he was asking Ex- xon for 500 people to a cleanup effort from the Chiswells to the end of the peninsula. He indicated he would also meet with the congressional delegation and federal officials for a federal answer to subsistence on the Kenai River. The Dept. of Fish and Game has advised the ruling has been based on federal law. Mayor Gilman noted he would introduce an ordinance for sales tax on gambling. It was his feeling that all gambling should be taxed or no gambling should be taxed. The current provision calls for determination by the borough if the en- tity is a non-profit or vendor, etc. Pres. Sewall asked if the Perkins & Coie agreement had some time frame for action. Mayor Gilman said the borough was in a different situation in that the assembly had already ap- propriated funds and received reimbursement from Exxon. He indicated the assembly did not need to approve the document. Discussion ensued regarding the stance that lands involved were state and federal and the borough, therefore, needn't have input. The mayor reaffirmed he was asserting the borough's input. Assemblymember Brown advised the mayor all new rules for games of skull and chance for the Departments of Revenue and Commerce have been suspended. Mayor Gilman stated he felt the issue was fair, valid enforcement of the borough's or- dinance. Atty. Boedeker reported on the legal challenge on the games of skill and chance operators' prohibition within the borough. Initially, the court issued a restraining order on enforcement of the prohibition. At the court hearing on this date, determination was made on whether the preliminary injunction would be further enjoined. The ruling today in- volved challenging the statutory authority for prohibition and such prohibition would be a violation of the free speech rights of the non-profit association. The contention was the restriction was trying to favor local non -profits and thus was a violation of equal protection requirements of the Alaska and U.S. Constitutions. The court ruled there were no substantial violations of the first amendment. The court continued the injunction until 72 hours after the borough prepares a statement of findings of fact and conclusion for the court to sign. The plaintiff has indicated they will further appeal to the Alaska Supreme Court. R. OTHER BUSINESS ASSEMBLYMEMBER MC GAHAN MOVED THE ASSEMBLY SEND A LETTER OF NON -OBJECTION TO THE ABC BOARD ON THE TRANSFER OF LIQUOR 10 LICENSE, MARY ANN'S PACKAGE LIQUOR STORE LICENSE TO CASTLE LIQUORS ON THE BASIS IT IS NOT WITHIN PROVISIONS OF THE BOROUGH ORDINANCE ON PROTEST OF LIQUOR LICENSES Pres. Sewall ruled the motion was in order. ASSEMBLYMEMBER SKOGSTAD MOVED TO AMEND THE MC GAHAN MOTION TO ADD THAT THE ASSEMBLY SERIOUSLY QUESTIONS THE VALIDITY OF THE LICENSE BEING TRANSFERRED. THE ASSEMBLY RESPECTFULLY REQUESTS THE ABC BOARD LOOK INTO THE VALIDITY OF THE LICENSE AND WHETHER IT IS A LEGAL LICENSE TO TRANSFER. Assemblymember McGahan observed that previously the assembly had questioned the license and Mr. Sharrock had voiced no problem with it. Assemblymember Skogstad said there was still a question in his mind about the validity of hours of actual operation. Pres. Sewall passed the gavel to Vice -President McGahan. Assemblymember Sewall said he supported the McGahan motion and the Skogstad amendment. He too had strong doubt whether this was every really an operating license as no sales tax was ever paid. Vice -President McGahan returned the gavel to Pres. Sewall. THE SKOGSTAD AMENDMENT WAS PUT ON THE FLOOR FOR RECORDED VOTE. PRIOR TO RECORDING, PRES. SEWALL ANNOUNCED A CALL OF THE HOUSE INSTRUCTING ALL ASSEMBLYMEMBERS PRESENT IN THE BUILDING TO RETURN FOR THE VOTE. Assemblymember Carey questioned whether the assembly can force assemblymembers to return to vote. Parliamentarian Glick advised Mr. Carey per Mason's,"When a quorum is present a call may be ordered by a majority of the members present whenever any member is absent provided the minimum number authorized to order a call are present." She stated her belief the motion was in order. Atty. Boedeker noted that per KPB Code provision it is stated all members present at the meeting shall vote on each question. The Alaska Statutes also stipulate this. THE SKOGSTAD AMENDMENT WAS ADOPTED ON A VOTE OF 9 YES, 2 NO: YES: Skogstad, Poindexter, Moock, Mullen, Glick, Sewall, McGahan, Keene and Carey NO: Hodgins and Brown Pres. Sewall asked that the record show Mr. O'Connell was not excused and was not present for the vote. THE MC GAHAN MOTION, AS AMENDED BY THE SKOGSTAD AMENDMENT, WAS ADOPTED ON A VOTE OF 9 YES, 2 NO; Moock and Carey voting No. S. ASSEMBLY AND MAYOR'S COMMENTS Assemblymember Hodgins noted Res. 89-60, removal of local underground storage tanks, was awarded to a private contrac- tor for $19,000 rather than the original $15,000 proposed by administration. Assemblymember Moock noted Soldotna High School's student paper and an article on teen pregnancy. She congratulated 11 Kenai Peninsula Borough Assembly Regular Minutes May 16, 1989 students graduating from the local high schools. Assemblymember Mullen urged members to look at the decisions being handed down on the subsistence on the Kenai River issue. He urged people to send a public opinion message to Gov. Cowper expressing the need to protect the tourist economy, sports and commercial fishing. He noted a recy- cling trailer had been placed behind the building for paper and glass. Assemblymember Glick thanked members for their support of passage of Res. 89-22. She requested that administration notify all propertyowners in proximity of Inlet Fisheries, Inc. of the proposed special use permit. She asked also that an updated litigation status report be prepared for the next meeting. Pres. Sewall commended Nikiski High School students on their athletic and academic efforts. Assemblymember McGahan thanked Principal Klivisto for his making the school available to the community. Pres. Sewall advised members that Rep. C.E. Swackhammer is the only legislator who has responded to every resolution or letter forwarded to him. Pres. Sewall read a letter from Rep. Swackhammer regarding Res. 89-50 urging the state to fund a water quality study on the Kasilof River. While it was too late to incorporate this because budgets had been completed, he indicated he would explore the possibility of the study with DNR to see if discretionary funding is avail- able. He also noted receipt of a subdivision residents' petition near the Borealis Resources operation. Residents requested their concerns be conveyed to the planning commission. Board of Education President Milli Martin requested by let- ter that she, Marilyn Dimmick, Cliff Massey and John Dahlgren be appointed to the Maintenance Review Committee. Pres. Sewall asked that he, Mrs. McGahan, Mr. Carey and Ross Kinney serve on the committee. Atty. Boedeker reported on the legal case involving the Nor- ris gravel pit and noxious, injurious and hazardous use. The court overturned the assembly and planning commission decision. The decision upheld the underlying con- stitutionality of the noxious, injurious and hazardous use provision. However it ruled although the findings were sup- ported by evidence, the basis for holding it noxious, in- jurious and hazardous use was not regulated by the ordinance so the decision was overturned. The appeal has been remanded back to the planning commission. T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT (June 6, 1989) Pres. Sewall adjourned the meeting at approximately 11:30 p.m. 12 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES MAY 2, 1989; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA - A G E N D A - _ Page Nbr A. CALL TO ORDER 1 B. PLEDGE OF ALLEGIANCE C. INVOCATION: Rev. Alan Humphries Soldotna Church of God D. ROLL CALL E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: April 18, 1989 1 E. G. COMMITTEE REPORTS 1 �cu rn � c,' (a) Finance (Chm. Crawford, V. Chm. Carey, Glick, \{,'a `' _ O'Connell, Nash, Walli) `0. � �y" (b) Local Affairs/Legis. (Chm. Skogstad, V. Chm. r �$t�4 J4yak�� Mullen, Glick, McGahan, O'Connell, Poindexter) (c) Public Works/Ed. (Chm. McLane, V. Chm. Moock, Brown, Hodgins, McGahan, Skogstad, Keene) H. REPORTS OF COMMISSIONS AND COUNCILS I. MOTIONS TO RECONSIDER (a) Res. 89-30 "Selecting an Insurance Brokerage 2 Reconsidered Firm for the Borough and School District" Failed Adoption (Mayor)(Notice of Recon. Brown) J. AGENDA APPROVAL AND CONSENT AGENDA 4 (a) Res. 89-45 "Authorizing the Mayor to Award a 4 Adopted Contract for the Kenai Central High School Car- pet Replacement Project" (Mayor) (b) Res. 89-50 "Urgirl the State of Alaska to Fund a 4 Adopted Water Quality study of the Kasilof River" (Mayor) (c) Res. 89-52 "Authorizing the Mayor to Award Con- 4 Adopted tracts for Landscape Maintenance at Various Schools and Facilities" (O'Connell) (d) Resolution "Commending Jessamyn Ann Tracy Upon 4 Adopted Her Achievement as Alaska State Spelling Bee Champion" (Glick) (e) Resolution "Commending Eric Barlow, Seward High 4 Adopted School, for Winning the State Wrestling Cham- pion" (Glick, Sewall, Skogstad) K. ORDINANCE HEARINGS (a) Ord. 89-17 "Amending Kenai Peninsula Borough 5 Enacted Code Section 21.01.025 to Allow Cities to Make Minor Amendments to City Comprehensive Plans" (Mayor,'Req. Planning Commission) PSTPND. 4/18 (b) Ord. 89-19 "Accepting and Appropriating an Addi- 5 Enacted tional $4,800 in Coastal Management Grant Funds and Re4propriating Existing Coastal Management Grant Funds" (Mayor) Page Nbr. (c) Ord. 89-20 "Amending the KPB Code of Ordinances 6 Postponed to Permit Semi -Annual Filing for Certain Low 6-6-89 Volume Businesses" (Nash) L. INTRODUCTION OF ORDINANCES (a) Ord. 89-23 "Classifying Borough Owned Lands as 5 "Sale Lands" and Authorizing a Public Sealed Bid Hearing Disposal of Tract C Fishermen Roads Subdivision 6-6-89 Located Within Section 30, Township 5 North, Range 11 West, Seward Meridian" (Mayor) (b) Ord. 89-25 "Authorizing Borough Patented Lands 5 to Be Leased to the Moose River Raft Race and Hearing Sterling Days, Incorporated" (Mayor) 6-6-89 (c) Ord. 89-26 "Appropriating Funds for Fiscal Year 5 1989-1990" (Mayor) Hearing 6-6-89 M. CONSIDERATION OF RESOLUTIONS (a) Res. 89-43 "Authorizing the Selection of Lands 7 Adopted from the State of Alaska Pursuant to the Municipal Entitlement Act for the Purpose of Providing Lands for Development of a Drilling Mud Disposal Site in the Vicinity of Trading Bay by Marathon Oil Company" (Mayor) (b) Res. 89-49"Setting Policy Regarding the Naming 8 Adopted of Geographic Features, Bridges and Buildings" (Hodgins, McGahan) (c) Res. 89-51 "Authorizing the Mayor to Grant an 9 Adopted Extension to Metco, Inc./Seward Service for the Maintenance and Operations of the Seward Landfill" (Mayor) N. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) (a) Res. 89-22 "Authorizing the Transfer of Unex- pended Minor Capital Project Funds from Various Minor Capital Projects in the Amount of $233,859.69 to an Account for the KCHS Grandstand Bleacher Project" (Mayor) TABLED 3/7 (b) 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" (Hodgins/McGahan/McLane/Brown/ Glick) POSTPONED TO 6/6/89 (c) Ord. 89-22 "Affirming the Emergency Appropria- tion of $3,000,000 to Provide Funding for Response to the Exxon Valdez Oil Spill Impacts to the Kenai Peninsula Borough as Enacted on April, 41, 1989" (Mayor) HEARING 5/16 (d) Ord. 89-24 "Appropriation for School Purposes for Fiscal Year 1989-1990" (Mayor) HEAR 5/16 (e) Ord. 88-49 "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) PSTPND to 7/18 n P Q. R. (f) 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 Materials, and Amending KPB 10.10 Pertaining to the Waste Disposal Commis- sion" (Nash) Referred to P1an.Cmsn./Assm.T.F. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA PUBLIC COMMENTS AND PUBLIC PRESENTATIONS MAYOR'S REPORT OTHER BUSINESS (a) RC 89-003 "A Resolution Protesting the Reduction of State Aid to Municipalities" (b) RC 89-004 "A Joint Resolution of the Four Boroughs of the Railbelt area Relating to Bind- ing Arbitration" (The Railbelt Coalition) (c) RC 89-005 "A Resolution by the Railbelt Coali- tion Requesting the State of Alaska to Require at Least a Four Mill Tax Levy in the Unorganized Borough to Aid Educational Funding" (The Rail - belt Coalition) (d) RC 89-007 "A Joint Resolution of the Four Boroughs of the Railbelt Area Relating to the Alaska Railroad Corporation" (The Railbelt Coalition) (e) Transfer of Package Liquor License to Castle Warehouse S. ASSEMBLY AND MAYOR'S COMMENTS T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT (5/16/89) 10 Remanded to ABC Board KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MAY 2, 1989; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER Pres. Sewall called the meeting to order at approximately 7:30 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION: Rev. Alan Humphries Soldotna Church of God D. ROLL CALL PRESENT: Assemblymembers Brown, Carey, Glick, Hodgins, McGahan, McLane*, Moock, Mullen, Nash, O'Connell, Poindexter, Sewall, Skogstad, Walli; Mayor Gilman, Atty. Boedeker, Finance Director Kinney, Personnel Director Campbell, Deputy Clerk DeLacee EXCUSED: Assemblymembers Crawford & Keene * arrived at 8:30 p.m. E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: April 18, 1989 Adopted as Amended G. COMMITTEE REPORTS (a) Finance (Chm. Crawford, V. Chm. Carey, Glick, O'Connell, Nash, Walli) Vice -Chairman Carey said the committee discussed changing the mayor's salary at some future time. Pres. Sewall advised after discussion with Chairman Crawford, a budget worksession would be scheduled at 5:00 p.m. on May 16th. If need be, another meeting would be scheduled after that. (b) Local Affairs/Legis. (Chm. Skogstad, V. Chm. Mullen, Glick, McGahan, O'Connell, Poindexter) Chairman Skogstad noted the committee took a position on the liq- uor license transfer application and wished to address it before the midnight legislative deadline. (c) Public Works/Ed. (Chm. McLane, V. Chm. Moock, Brown, Hodgins, McGahan, Skogstad, Keene) Vice -Chairman Moock said the committee received a report on the change order of $34,000 for removal of organic overburden at the new Seward Elementary School site. John Dahlgren also discussed with the committee construction at the KCHS football field. (d) Data Processing Steering Committee (Hodgins) Assemblymember Hodgins advised the committee met and discussed the proposed 28 personal computer standards criteria for depart- ment application. The committee will also be coming up with McIntosh standards over the next month. (e) Economic Development District (Hodgins/McLane) Assemblymember Hodgins advised Mr. Kim, chief executive officer for Yukong, toured Kenai at the request of Mayor Gilman to look at the area's infrastructure with the possibility of purchasing LNG in the Nikiski area. Yukong is the largest energy producer 1 KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF MAY 2. 1989 in Korea. Mr. Hodgins thanked Unocal, Phillips, Tesoro and Bob Williams for the tours they provided. He advised three (3) other Korean groups will be coming in June to look at the tourism sec- tor. (f) Conditional Use Task Force (Skogstad) Assemblymember Skogstad advised the assembly/planning commission committee went over the draft prepared by staff on conditional uses. He advised the draft would be distributed around the borough for advisory planning committee comments. (g) Kenai Peninsula Community College Council (Carey) Assemblymember Carey advised it had been a recommendation that the University of Alaska be cut ten (10) percent. Resultingly, the extended campuses would have been closed -- specifically, the Kachemak Bay campus. However, after a massive public relations campaign from around the state, the Governor withdrew this recom- mendation. H. REPORTS OF COMMISSIONS AND COUNCILS I. MOTIONS TO RECONSIDER ASSEMBLYMEMBER BROWN MOVED RECONSIDERATION OF RES. 89-30. (a) Res. 89-30 "Selecting an Insurance Brokerage Firm for the Borough and School District" (Mayor)(Notice of Reconsideration by Brown) Assemblymember O'Connell voiced opposition to reconsideration be- cause the issue had been dealt with. Assemblymember Brown voiced support for reconsideration as he had a series of questions which had not been dealt with at the last meeting. THE MOTION TO RECONSIDER RES. 89-30 PREVAILED ON A VOTE OF 9 YES, 4 NO: YES: Poindexter, Mullen, Glick, Sewall, McGahan, Brown, Nash, Carey and Walli NO: Skogstad, Hodgins, Moock, O'Connell Assemblymember Brown addressed a number of questions to the borough attorney: 1) at what point did the finance director drop off the risk management team; 2) was this after the request for proposal (RFP) was drafted and proposals were sent out, received back, and reviewed; 3) did the finance director have any involve- ment in the grading scale of the RFPs; Assemblymember Brown noted the grading scale had been brought up by two of the bidders who did not get the contract who questioned the fairness of that; 4) was there any discussion of requiring a state audit by the responsive bidders during drafting of the RFP; Assemblymember Brown advised that last year was the first time the state audits had been required in a number of years; 5) he asked whether the attorney had seen a copy of the current broker's audit and noted any negative numbers. Attorney Boedeker advised the finance director did not "drop off" of the risk management team but did not participate because of appearance of a conflict as he had policies with Walters & Olson in an unconnected matter. The attorney said the finance director had participated in the drafting of the RFP but had no further involvement in the process. The finance director had been present at one discussion although the attorney was unsure of his participation. Inclusion of a state audit had not been required 2 KFNAI PENINSULA BOROUGH ASSEMBLY MEETING OF MAY 2. 1989 because generally they're difficult to get and provide little in- formation. Per Assemblymember Brown's inquiry, Atty. Boedeker indicated he'd seen other audits prior to being borough attorney. In response to Assemblymember Brown's further inquiry, Atty. Boedeker said he'd not seen the changes in the new ones but he understood what type of information was in them but had not reviewed their particular format. He was familiar with the in- formation regarding accounts current and accounts with the in- surance companies and client trust funds and whether they balance. He indicated he believed he'd seen some portions of the current broker's audit. In further inquiry regarding negative numbers, the attorney indicated he'd seen an account discrepancy with a borough account about a year ago where funds had been transferred to another premium resulting in an imbalance for about 30 days. Assemblymember Glick asked if the possible discrepancy referred to was a normal operation procedure with the State of Alaska. Atty. Boedeker said the particular transaction occurred about a year ago when the borough paid money for a premium on one policy. Subsequently, the borough found out the money was not going to be due right away and because there was an adjustment on a premium from another borough policy, the agency applied the deposited early premium to the shortfall of the other premium. He recalled it showed an imbalance of about $8,000 for approximately 30 days. The agency had called the borough indicating their actions and the attorney had responded it was not a problem. Assemblymember O'Connell asked the attorney if there was any im- proper action on the part of employees or any irregularities in the process. Atty. Boedeker indicated he knew of no ir- regularities or improper actions which would have jeopardized the process. Looking at the RFPs was not an abuse; misuse of the in- formation would have been. He checked to assure there had been no misuse and found no indication of such. The fact the unsealed RFP had been looked at was not illegal and had not affected the integrity of the process. However, this would be improved in the future. RFPs were sent to all brokers with offices within the borough. As the borough has self-insurance, specific information was asked regarding self-insurance and brokers' other accounts, etc. so an evaluation could be made. Attorney Boedeker stated there had been no subsequent information to affect the risk management committee's recommendation. The borough checked with referenced insurance companies about any problems with accounts current, had transactions been paid, had they received the premiums, had there been any problems. After this review, both Walters & Olson and Last Frontier Insurance came back with a satisfactory rating. Assemblymember McGahan felt the resolution should be defeated due to the appearance of impropriety. Assemblymember Nash stated although he didn't think anything il- legal had occurred, he was really bothered by the procedure for evaluation. It was his understanding this procedure had been sent out after the proposals had been drawn and submitted. Assemblymember Moock stated her discomfort with the insinuation of collusion and improper actions by borough employees and credibility of the selected company that had been voiced. She felt the insinuations had in no way been supported. She felt the attorney had presented sufficient information to assure the in- tegrity of the RFP. Attorney Boedeker indicated the proposals did not propose a price but contained a proposal of service for the accounts and evalua- tion of their qualifications and experience. Assemblymember Nash recalled on initial discussion of the resolu- tion, one of the criteria was the amount of the fee versus the total cost of the premium. Atty. Boedeker said the rating factor involved cost of the particular proposal for the three years, divided by the lowest cost proposal submitted. This factoring had no bearing on the total cost of the borough insurance and was not related. Overall cost was surveyed to determine if realisti- cally the service proposed could be achieved. Assemblymember Glick asked if Walters & Olson were told not to proceed in deference to this reconsideration. Atty. Boedeker in- dicated while there are other ongoing contracts, this contract was not awarded. She asked if this were not awarded tonight, would the borough go back for another RFP. Atty. Boedeker indi- cated there was not enough time to go back out. The borough would go back out for "spot" selection of placement of policies for one year as June 6th is the mandated time for submission of an insurance program to the assembly. The typical application process takes up to six (6) weeks. Assemblymember Brown said as he'd added up some of the ir- regularities, as they're called, he came up with three major ones. He prefaced his comments with a statement he'd only responded to the written testimony he'd received and he was not accusing any borough employee of anything. Irregularities: 1) conflict of interest - the timing of removal of one member, 2) the proposal was opened early - he said in his contracting with the state, proposals are treated just like a bid; 3) and the grading system being sent out late. He felt these had dis- couraged good, viable bidders from ever working with the borough. Mayor Gilman rebutted Assemblymember Brown's comments stating the RFP was not in a sealed envelope, and he had removed the finance director at the request of Walters & Olson. RES. 89-30 WAS DEFEATED ON A VOTE OF 7 NO, 6 YES: NO: Poindexter, Glick, McGahan, Brown, Nash, Carey, Walli YES: Skogstad, Hodgins, Moock, Mullen, O'Connell, Sewall ASSEMBLYMEMBER MOOCK MOVED TO RECONSIDER THE DEFEAT OF RES. 89- 30. Pres. Sewall ruled Assemblymember Moock's motion out of order as Mason's was clear that reconsideration could not be done more than once. J. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 89-45 Subst. "Authorizing the Mayor to Award a Contract for the Kenai Central High School Carpet Re- placement Project" (Mayor) (b) Res. 89-50 "Urging the State of Alaska to Fund a Water Quality Study of the Kasilof River" (Mayor) (c) Res. 89-52 "Authorizing the Mayor to Award Contracts for Landscape Maintenance at Various Schools and Facilities" (O'Connell) (d) Resolution "Commending Jessamyn Ann Tracy Upon Her Achievement as Alaska State Spelling Bee Champion" (Glick) (e) Resolution "Commending Eric Barlow, Seward High School, for Winning the State Wrestling Championship" (Glick, Sewall, Skogstad) (f) Resolution "Commending Brian Twait and Jeff Roderick, Seniors at Soldotna High School, for Earning State f,.. Championships in Wrestling Two Years in a Row" (Carey) (g) Resolution "Commending Nikiski High School Students on Wining the First Place Title in the State Problem Solv- ing Bowl Competition" (Glick, Hodgins, McGahan, Nash and Brown) (h) Resolution "Commending the Nikiski High School Wres- tling Team on Its Participation in the State Wrestling Tournaments" (Glick, Hodgins, McGahan, Nash and Brown) (i) Ord. 89-23 "Classifying Borough Owned Lands as 'Sale Lands' and Authorizing a Public Sealed Bid Disposal of Tract C Fishermen Roads Subdivision Located Within Sec- tion 30, Township 5 North, Range 11 West, Seward Meridian" (Mayor) HEARING SET FOR 6/6/89 (j) Ord. 89-25 "Authorizing Borough Patented Lands to Be Leased to the Moose River Raft Race and Sterling Days, Incorporated" (Mayor) HEARING SET FOR 6/6/89 (k) Ord. 89-26 "Appropriating Funds for Fiscal Year 1989- 1990" (Mayor) Per Assemblymember McGahan's motion, Res. 89-51 was removed from the consent agenda to be considered at regular consideration of resolutions. Per Assemblymember Glick's motion, introduction of Ordinances 89-23, 89-25 and 89-26 were moved to the consent agenda. Also, Res. 89-45 (Substitute) was moved to replace Res. 89-45 and the commendation resolutions were added to the consent agenda. The consent agenda was approved as amended. K. ORDINANCE HEARINGS (a) Ord. 89-17 "Amending Kenai Peninsula Borough Code Sec- tion 21.01.025 to Allow Cities to Make Minor Amendments to City Comprehensive Plans" (Mayor, Req. Planning Com- mission) PSTPND. 4/18 ASSEMBLYMEMBER SKOGSTAD MOVED ENACTMENT OF ORD. 89-17. Local Affairs Chairman Skogstad advised the planning commission supported passage of Ord. 89-17 Subst. II, as did the Local Affairs/Land Committees. Public hearing was opened and closed as there was no comment. ASSEMBLYMEMBER SKOGSTAD MOVED TO AMEND FOR SUBSTITUTION OF ORD. 89-17 SUBST. II, WHICH WAS APPROVED BY UNANIMOUS CONSENT. ORD. 89-17 SUBST. II WAS ENACTED BY UNANIMOUS CONSENT. (b) Ord. 89-19 "Accepting and Appropriating an Additional $4,800 in Coastal Management Grant Funds and Reap- propriating Existing Coastal Management Grant Funds" (Mayor) ASSEMBLYMEMBER GLICK MOVED ENACTMENT OF ORD. 89-19 BY UNANIMOUS CONSENT. Local Affairs/Lands Committee recommended "do pass". The Finance Committee unanimously recommended "do pass". Public hearing was opened and closed as there was no comment. 5 KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF MAY 2. 1989 Assemblymember Carey noted the ordinance in no way involved a pay raise for an individual. ORD. 89-19 WAS ENACTED BY UNANIMOUS CONSENT. (c) Ord. 89-20 "Amending the KPB Code of Ordinances to Per- mit Semi -Annual Filing for Certain Low Volume Businesses" (Nash) ASSEMBLYMEMBER NASH MOVED ENACTMENT OF ORD. 89-20. Assemblymember Nash outlined proposed amendments including change in language from "taxable sales" to "gross sales" and to restrict new businesses to monthly filings for one year regardless of gross sales. Public hearing was opened and closed as there was no comment. Finance Vice -Chairman Carey advised the committee voted two "do pass" and two abstentions on passage as amended. ASSEMBLYMEMBER NASH MOVED TO AMEND TO STRIKE SECTION C., ADD/STRIKE: "Accounts which have had less than less than $1,000 (taxable] gross sales in the preceding twelve months may file returns annually. Accounts which during the preceding twelve months had more than $1,000 but less than $10.000 in gross sales may file returns on a semi-annual basis."; ADD/STRIKE SECTION 1: "Ordinances is amended by (repealing and reenacting] amendincr subsection...". Assemblymember Nash said it was his intent to make it easier for the very small businesses to handle sales tax paperwork ad- ministratively. ASSEMBLYMEMBER SKOGSTAD MOVED TO POSTPONE ORD. 89-20 TO JUNE 6, 1989. Assemblymember Skogstad felt the proposed amendment needed more time for review. Pres. Sewall passed the gavel to vice -President McGahan. Assemblymember Sewall stated his support for postponement but didn't feel he could support passage of the ordinance. He feared the potential for people to "fall through the cracks" was greater. ASSEMBLYMEMBER CAREY RAISED A POINT OF ORDER, NOTING A MOTION TO POSTPONE PREVENTED DISCUSSION OF ANYTHING BUT POSTPONEMENT NOT SUBSTANCE. Pres. Sewall concurred with the point of order. Assemblymember McGahan voiced support for postponement. ASSEMBLYMEMBER MOOCK MOVED TO TABLE ORD. 89-20. THE MOTION TO TABLE FAILED ON A VOTE OF 9 NO, 4 YES: NO: Skogstad, Poindexter, Glick, Sewall, McGahan, Brown, Nash, Carey, Walli YES: Hodgins, Moock, McLane and O'Connell THE MOTION TO POSTPONE ORD. 89-20 TO JUNE 6, 1989 WAS ADOPTED ON A VOTE OF 11 YES, 3 NO: YES: Skogstad, Poindexter, Hodgins, Moock, Mullen, Glick, Sewall, McGahan, Nash, Carey, Walli NO: McLane, O'Connell, Brown 6 KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF MAY 2. 19D YES: Skogstad, Poindexter, Hodgins, Moock, Mullen, Glick, Sewall, McGahan, Nash, Carey, Walli NO: McLane, O'Connell, Brown L. INTRODUCTION OF ORDINANCES (a) Ord. 89-23 "Classifying Borough Owned Lands as "Sale Lands" and Authorizing a Public Sealed Bid Disposal of Tract C Fishermen Roads Subdivision Located Within Sec- tion 30, Township 5 North, Range 11 West, Seward Meridian" (Mayor)APPRVD FOR HEARING 6/6 (b) Ord. 89-25 "Authorizing Borough Patented Lands to Be Leased to the Moose River Raft Race and Sterling Days, Incorporated" (Mayor)APPRVD FOR HEARING 6/6 (c) Ord. 89 26 "Appropriating Funds for Fiscal Year 1989- 1990" (Mayor)APPRVD FOR HEARING 6/6 M. CONSIDERATION OF RESOLUTIONS (a) Res. 89-43 "Authorizing the Selection of Lands from the State of Alaska Pursuant to the Municipal Entitlement Act for the Purpose of Providing Lands for Development of a Drilling Mud Disposal Site in the Vicinity of Trading Bay by Marathon Oil Company" (Mayor) ASSEMBLYMEMBER NASH MOVED ADOPTION OF RES. 89-43. Local Affairs/Lands Committee Chairman Skogstad advised the com- mittee recommended "do pass" Brian Hakenen, Kasiof, advised the proposed site would impact a beautiful wilderness area. He said the site was between two sal- mon rivers and would be less than two miles from his fish site. He noted once the land was relinquished to Marathon, the borough would have no oversight. Assemblymember Nash voiced support for passage. He advised he'd never heard any complaints from any of his constituents regarding the proposed site. Pres. Sewall relinquished the gavel to Vice -President McGahan. ASSEMBLYMEMBER SEWALL MOVED TO AMEND THE FIRST WHEREAS, LINE 4: STRIKE/ADD "found the proposed (site] use was noxious, ... THE SEWALL AMENDMENT WAS ADOPTED BY UNANIMOUS CONSENT. Assemblymember Sewall asked clarification on language which seemed to indicate request for approval of a site to replace the Trading Bay site, but also indicated replacement for the proposed Nikiski site. Mayor Gilman indicated it was for the same drilling muds. The bulk of the mud to be placed in this site was from the Steelhead Platform. He said there were currently muds stored all over the borough. This proposed site would be permanent storage for some of these other sites including Unocal. Assemblymember Sewall asked how long it would take for the borough to receive title from the state. Mayor Gilman indicated it would take some time and would require an ordinance to dispose of this land which was administration's intent. Vice -President McGahan returned the gavel to Pres. Sewall. Assemblymember Skogstad voiced support for passage. He felt the land selected was a valuable piece of land whether used for a mud 7 disposal site or not. If and when the land is provided to Marathon, he hoped some land use laws would be in effect. Assemblymember McGahan said originally she intended to remove the purpose of providing land for Marathon's use. She speculated whether adding "possible" development would allow the assembly more freedom for use of the land. Atty. Boedeker said the cur- rent language does not legally bind the borough to an agreement with Marathon. Assemblymember Brown said while he'd been one of the opponents to a Marathon site in Nikiski, he would support this site. He felt his constituents' major concern was proximity to residential areas. ASSEMBLYMEMBER GLICK ASKED UNANIMOUS CONSENT APPROVAL OF RES. 89-43. Assemblymember Hodgins asked if the borough would be paying for transportation of the muds to this site. Mayor Gilman said there would be no borough action in transport or even inspection. He said the borough involvement would be restricted to provisions in the ordinance for actual disposal of the land to Marathon. Assemblymember Walli wondered if the language would obligate the borough to the State for use of the land as a mud disposal site. And, if not used for that purpose, would the borough's credibility be jeopardized with the State in future selections. Mayor Gilman said the land was being requested as a general selection with no required specification of use. The mayor noted after borough selection, the state would have to advertise for at least 60 days for public comment. Assemblymember Carey said since the borough was obviously intend- ing to assist Marathon in acquisition, was there any implied liability. Atty. Boedeker said that in any borough deed there most certainly would be language stating no representation of suitability for any specific purpose. RES. 89-43 WAS ADOPTED ON A VOTE OF 12 YES, 2 NO: YES:Skogstad, Poindexter, Hodgins, Moock, McLane, Mullen, Glick, Sewall, McGahan, Brown, Nash, Walli NO:O'Connell, Carey (b) Res. 89-49"Setting Policy Regarding the Naming of Geographic Features, Bridges and Buildings" (Hodgins, McGahan) Local Affairs/Lands Chairman Skogstad stated the committee voted 3 Yes, 2 No for passage. There was no public comment. ASSEMBLYMEMBER MC GAHAN MOVED TO AMEND SECTION 1., LINE 3, ADD: "request for review to the Local Affairs/Lands Committee. ADD: After review the Local Affairs/Lands Committee will submit a recommendation to the assembly." Assemblymember McGahan noted resolutions could always be changed as the need comes up. She observed currently there is no policy. ASSEMBLYMEMBER NASH MOVED TO AMEND SECTION 2., LINE 3, STRIKE: "...is restricted to [buildings] rooms in public buildings..."; SECTION 3, LINE 2, ADD: "naming of public buildings. geographic locations...". M THE NASH AMENDMENT WAS ADOPTED ON A VOTE OF 13 YES, 1 NO; Poin- dexter voting No. Assemblymember O'Connell indicated there was a state geographic board who review recommendations by individuals and municipalities, per Assemblymember Brown's inquiry. Atty. Boedeker indicated the DOT was responsible for naming public facilities. Assemblymember O'Connell said he would reluctantly support pas- sage as a means to deal with such requests. Assemblymember Hodgins felt there should be a process of review of naming of locations and urged passage. RES. 89-49 WAS ADOPTED ON A VOTE OF 11 YES, 3 NO: YES:Skogstad, Poindexter, Hodgins, Moock, McLane, O'Connell, Glick, McGahan, Nash, Carey, Walli NO:Mullen, Sewall, Brown (c) Res. 89-51 "Authorizing the Mayor to Grant an Extension to Metco, Inc./Seward Service for the Maintenance and Operations of the Seward Landfill" (Mayor) ASSEMBLYMEMBER SKOGSTAD MOVED ADOPTION OF RES. 89-51. Finance Vice -Chairman Carey said the committee recommended a qualified "do pass". Public Works Vice -Chairman Moock said the committee opted not to make a decision. RES. 89-51 WAS ADOPTED ON A VOTE OF 13 YES, 1 NO; McGahan voting No. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) (a) Res. 89-22 "Authorizing the Transfer of Unexpended Minor Capital Project Funds from Various Minor Capital Projects in the Amount of $233,859.69 to an Account for the KCHS Grandstand Bleacher Project" (Mayor) TABLED 3/7 (b) Ord. 89-5 "Amending Kenai Peninsula Borough Ordinance 81-47 Which Adopted Municipal Powers Necessary to Provide Ports and Harbors, Wharves, and Other Marine Facilities in the Borough Outside Cities, to Remove Restrictions on Expenditures and Hiring" (Hodgins/McGahan/McLane/Brown/ Glick) POSTPONED TO 6/6/89 (c) Ord. 89-22 "Affirming the Emergency Appropriation of $3,000,000 to Provide Funding for Response to the Exxon Valdez Oil Spill Impacts to the Kenai Peninsula Borough as Enacted on April, 41, 1989" (Mayor) HEARING 5/16 (d) Ord. 89-24 "Appropriation for School Purposes for Fis- cal Year 1989-1990" (Mayor) HEAR 5/16 (e) Ord. 88-49 "Amending KPB Chapter 20.20 Regarding Sub- division Design Requirements by Enactment of a New Sec- tion 20.20.035 Providing Access Requirements for Proposed Subdivision of Land Isolated by the Alaska Railroad Right -of -Way From the State Highway System" (Mayor) PSTPND to 7/18 9 (f) 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 Materials, and Amending KPB 10.10 Pertaining to the Waste Disposal Commission" (Nash) Referred to P1an.Cmsn./Assm.T.F. O. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Q. MAYOR'S REPORT Mayor Gilman presented the Government Finance Officers Associa- tion Distinguished Budget Presentation awards to Finance Director Ross Kinney and Comptroller Larry Semmens. Mayor Gilman pointed out the Maintenance Dept. had been added to the preliminary budget document. He indicated there would have to be an amendment to the maintenance budget since what the as- sembly had approved previously was $4,100,000 while the budget document lists $4,185,000. Therefore, there would have to be an amendment to reduce the amount by $85,000. Also included in the document were salaries as approved by the employee contract. He said the average increase for the 180 some employees was 3.68%. However, there are variations due to internal structure changes. He said this budget does not anticipate any general fund increase mill rate. If the spending pattern stays the same, it is an- ticipated there will be no general fund mill rate increase in FY 1991. A mill rate increase is projected for FY 1992. These rates are contingent on state revenues. Pres. Sewall reaffirmed the assembly would meet in an initial budget worksession on May 16th at 5:00 p.m. in lieu of Finance Committee. Mayor Gilman advised the first underground storage tank to be tested at Paul Banks Elementary resulted in necessity for removal. The tank was leaking in several places but the extent was not known. The borough is working with DEC on remediation. Assemblymember Mc;Gahan asked what the water supply was at Paul Banks. Mayor Gilman indicated the school was on city water as apparently is the surrounding area. Mayor Gilman said the borough is in no way trying to build a legal case against Exxon by asking the Economic Development Dis- trict to determine economic impacts of the oil spill. Mayor Gilman said closure of the Kenai landfill was moving on target for the first of January. Administration proposes that all refuse from the central peninsula would go to the Soldotna site. Also, rather than running Soldotna as a regular landfill, another method of disposal must be achieved. Administration is looking at balers but private concerns have proposed building a baler on borough land or private concern building and operating an incinerator on private land. Administration is proposing the borough own and operate a baler in Seward. R. OTHER BUSINESS (a) Transfer of Package Liquor License to Castle Warehouse Assemblymember O'Connell pointed out information he'd passed out to the assembly regarding the application form for transfer. 10 KENAI PENINSULA BOROUGH ASSEMBLY Y MEETING OF MAY 2,_ 1989 church or school. The form indicated "over 20 miles". Mr. O'Connell indicated he worked in the same building as the current location of this liquor license and had never seen it opera- tional. After inquiry, he was initially advised there was no license but that was later qualified in that the owners of the license had made arrangement for the building to be opened and closed each day. The ABC Board requires 30-days per year of operation to retain a license. Assemblymember O'Connell felt the transfer should be referred back to the ABC Board for review of the actual renewal and compliance with operating rules. Pres. Sewall noted the assembly is restricted to specific criteria on protesting a license which didn't seem to apply to this situation. He suggested Mr. O'Connell should give testimony before the ABC Board regarding his observances. Atty. Boedeker said Pres. Sewall was correct and this was outside the scope of the ordinance. Pres. Sewall asked if a letter of concern would be appropriate. Atty. Boedeker indicated it would not be inappropriate. ASSEMBLYMEMBER WALLI DECLARED A POTENTIAL CONFLICT OF INTEREST IN THAT SHE HAD CONTACTED THE INDIVIDUAL INVOLVED ABOUT SALE OF HER LICENSE. Pres. Sewall declared Mrs. Walli should abstain from discussion as she appeared to have a potential conflict. Assemblymember McGahan suggested a letter be drafted addressing the assembly's concerns about errors in the application. Assemblymember O'Connell stated while the assembly was dealing with transfer of license and not a renewal, this license would probably not have been renewed yet if these questions had been known. Atty. Boedeker said it was outside the scope of the as- sembly to make a binding protest. ASSEMBLYMEMBER MC GAHAN MOVED A LETTER BE DRAFTED BY THE BOROUGH ATTORNEY STATING BECAUSE OF APPARENT ERRORS IN THE APPLICATION ITSELF, THE TRANSFER BE REMANDED BACK TO THE ABC BOARD FOR REVIEW. Assemblymember McLane observed when this was dealt with originally for transfer of location, there had been lengthy dis- cussion about where it was in proximity to schools and churches. He said he didn't go along with the direction of the assembly discussion. Valentine Gaspar.manager of Castle Liquor, said it was correct the Dubins applied for transfer of location from Crown Point to the K-Beach location. It was his understanding the license had been operated. I£ approved for transfer, he said the license would be operated at 35140 Kalifonsky Beach Road. Gary Fuller. representative of the Oaken Keg liquor store, said he didn't think the ABC Board would do anything unless the as- sembly did something. He suggested checking the borough sales tax records. Assemblymember O'Connell said information on the original license renewal application was grossly misleading. He felt the license would never have been renewed had the information been accurate. It was his opinion the license had never been properly exercised. Assemblymember Skogstad asked language be incorporated asking for an extension of time before ABC Board approval. THE MC GAHAN MOTION TO DRAFT A LETTER TO THE ABC BOARD WAS AP- PROVED ON A VOTE OF 9 YES, 2 NO; Hodgins and Brown voting No. 11 THE MC GAHAN MOTION TO DRAFT A LETTER TO THE ABC BOARD WAS AP- PROVED ON A VOTE OF 9 YES, 2 NO; Hodgins and Brown voting No. ASSEMBLYMEMBER HODGINS MOVED TO ADJOURN. THE MOTION PREVAILED ON A VOTE OF 9 YES, 3 NO: Skogstad, McGahan and Brown voting No. Resolutions from the Railbelt Coalition were not addressed. S. ASSEMBLY AND MAYOR'S COMMENTS T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT (5116189) Pres. Sewall adjourned the meeting at approximately 11:20 p.m. Date Approved ATTEST: Deputy Borough Clerk Jonathan W. 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C�7 "E'nw tNFO-/y any! e�� — — ryA, 1� 00 1 r:, P A';Y ti -- =NFo - /s MATE N0: I ; CITY OF KENAI Project Kenai Kunici al Airport - 1988 Improvements Phase I - Asphalt Overlay - • axiway A & B Contractor Barley's Trucking O 0 G �J 0 11 Original contract work completed Additions from change orders completed Materials stored at close of period Total earned o +O +(D J Less retainage of =/0 V !percent Total earned less retainage (7 -O Less amount of previous Payments Balance due this payment Al(-) 3 l ;�- , 5C , 1 D1 e Address PO Box 672 Soldotna, AK 99669 Phone 262-9140 ru t0t;*C1&. � + uw aw u G% 43r r ---- Go Project No. A. I.P. 3-02-0142-05 Period From to: ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE Original contract amount Net change by change orders Adjusted contract amount to date ANALYSIS OF WORK COMPLETED ire-- �4 D a y y z,�8 sue/ $250,450.50 PAY ESTIMATE N 0 : _J_ Page. a of CERTIFICATION OF CONTRACTOR According to the best of my knowledge and belief, 1 certify char all items and amounts shown on the face of this Periodic Estimate for Partial Paymenr are correct; that all work has been performed and/or material supplied in full accordance with the requirements of the referenced Contract, andror duly authorized deviations, substitutions, alterations, and/or additions; that the foregoing is a true and correct statement of the contract account up to and including the last day of the period covered by this Periodic Estimate; that no part of the "Balance Due This Payment" has been received, and that the undersigned and his subcontractors hare -(Cheek app'ieabte tine) a. Complied with all the labor provisions of said contract. b. C Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with re- spcct to sail labor provisions. (ff (b) is checked, describe t-riefty nature of dispute.) iAe 1 By. 15n�zelL Z_ (Cuntractor) (Sicnnx%% of horned Representatwe) 19.E Title 1Gafi.�/iY.✓0'y CERTIFICATION OF ARCHITECT OR ENGINEER I certify that 1 have checked and veriiied the above and iort•cuinc Periodic Estimate iur Partial Payment; that to the best of my knowledge anJ belief it is a true and correct statement (it wurk performed and%or material supriieJ by the contractor: that all work ana• ar material inclu le! in this: i'crtttdic Ectintate hats bccn inspected by me and or by my duty authuri:.cd rcrrescntattve or a,siaant. anJ th.0 it ha. bccn PerturmeJ .tnJ 'ur .urriicd in full i,:L:orJancv with requirements of the reference contract; anJ that partial raymcnt claimed and requcsic.i by the contrat:tur is correctly computed un the basis ui Work PcrtunncJ .Lni 'or matt- rial ,urpIlWJ t y+.atc. iit;nc•J f _ (Aet•tt/trcl nr a•nattnrrr) I).1tc PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER Check trpr ut f/evm.•ar rrrtitted: h.tce ihvv:kv.i thi, t••.tun.tte .t..un,t the �.aura;t.•r', Selit-dub- lit Amount, fnr Ca,rltract P.-it-menus. the note, an: report% of my - In%L :twns of ti:a (:..peer, .ln; e4t pt ri,..i is Iel .•r:% suhnu: tv,l !.c :hc ar: hltcat encrOecr. It 1, net• � ill ion that the starviric t of :aN:K �'.': h•: t^t'.t an- or mate:L11, .tliT11C,: 11 t:l.lt ::Ia- ♦a•Iltr.letor 1, ob,a:rtlnl tht• rcqulrrlcnt., Ut the contr.ct. .Ina that :fa• :onirartvr ,huul,; Dv ;.u.i ti:c ant..unt rcquc,tcJ .t�✓er. I.tr:::\ th if .1.1 'A—'. Jll.i : I;.t[a':I.li. ull.:t: :tla' ta'tltfa.t ::.t, :`ttIt 111,1•ttlt,: !'\ my .In.: th.lt It 1.t, !,,vit p,riorrnt'u Jna .• ,ur- Ilya 1 1:.:1 J��a•:.:.1ll�e :\::ll Inl' r,gU1rim,-rlr, all tt:e L141tr.11 :. G -9 89 l F'tr:,t Enr tnrert tD4trt PAY -----ESTIMATEPage of Kenai Municipal Airport - 1988 Improvements Project Phase I - Asphalt Overlay - Taxiway A & B Item No. Item Description Original Contract Amount Total to Date Quantity and Unit Unit Bid Price Total Unit Cost Quantity Amount 5.01 Bituminous Surface Course 4956 tons 43.00 213,108.00 v� , 9� 6oF 5.02 .C. Pavement 2220 S.Y. 1.50 3.330.00 2Z ZO j Y30 6.01Rit-timinousat 14.5 tons 425.00 6,162.50 3, f5 'D� 10.01 Taxiwav Marking 1 L.S. 4200.00 4,200.00 S-1 Furnish & install survey monument 4 each 550.00 2 200.00 Cr 2-Z 2)C9 Adjust taxiway marker light or sign 100.0 00.0,0 __ `J 5^�O o/S-2 S-3 Adjust electrical handhole cover, type I 5 each 510.00 2 550.00 _ Z J S^0 S-4 Adjust electrical handhole cover, type II 4 each 525.00 2 100.00 1 -21 00 / _-5 Construction surveys I Job i5000.00 5,000.06 �5_0/© S-6 Furnish and place crushed a&gregate 60 tons 35.00 2.100.00 /O,% 377<1 S-7 Seal pavement cracks 2.25 4 500.00 a (� </ I I ' I I � I Total Amni,nt fF^, Tl%; � n_ __ In 250.450.50 In -_'; J PA Y E STIMATE N4:�_ Page of Pro j ect SCHEDULE OF CONTRACT CHANGE ORDERS (C.O.) Li.[ cccr) eh.tnic urlrr tssued to d:l[C of [his reyucst rtcn It no o+rk h.ts heen oone un.icr onr or more such order.. ADDITIONS TO ORIGINAL CONTRACT PRICE - OEDUCTIONS FROM CONTRACT PRICE AS SHOWN ON CHANGE ORDERS lC) CONTRACT CHANCE ORDER DESCRIPTION TOTAL COST OF ITEMS ADDED BY CHANGE ORDER l(a COST CF CHANGE ORDERITEMS COMPLETED TO(1A-TE b1 JJl NO. pATC TOTALS I 5 Cost of Change Orders (C.O.) Deductions from Contract (a) (c) Approved Total Not Chan Re From C.O. O2 Change Orders that reduce the contract, Column (c), should reduce the Total to Date Column for that item affected. . PAY ESTIMATE N0% Page of Project SCHEDULE OF i•LATERIALS STORED AT CLOSE OF THIS PERIOD i (Attach a detailed schedule including quantities for each item) Attach Item Invoice Invoice Material Description I ment No. No. Date (Vendor, Freight, etc.) Amount A i J �O �NF O — �6`ZgLL� CITY OF KENAI Project KENAI BOATING EgILITY ADDITION TO PARKING/STAGING AREA Contractor FOSTER CONSTRUCTION Address PO BOX 303 Phone (, 07� ) 262-9139 Project No. Period From /nAY31iXto unf lyLq�9 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE �l Original contract amount $ 199,906.06 O2 Net change by change orders -- �3 Adjusted contract amount to date 96 .0b 0 0 0 0 11 ANALYSIS OF WORK COMPLETED Original contract work completed Additions from change orders completed_ Materials stored at close of period Total earnedQ+Q+O= Less retainage of /v o e vevice Total earned less retainagcO7 -O Less amount of previous Payments Balance due this payment 1,36, VL. CD Ai16, 2gL4.-- g 99s. 3° / 3G, 299 30 .� 9 �3 0 sy ,57 /to 41C �0�.50. 5V&3 PAY ESTIMATE CERTIFICATION OF CONTRACTOR N 0 : /J Page 9. of According to the best of my knowledge and belief, I certify that all items and amounts shown on the face of this Periodic Estimate for Partial Payment are correct-, that all work has been performed and,'or material supplied in full accordance with the requirements of the referenced Contract, and, or duly authorized deviations, substitutions. alterations, and/or additions; that the foregoing is a true and correct statement oi the contract account up to and including the last day of the period covered by this Periodic Estimate; that no part of the "Balance Due This Payment" has been received, and that the undersigned and bis subcontractors halve-tchock +fnr'leaere ti,.e) a: `complied with all the labor provisions of said contract. b. Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with re- spect to said labor provisions. (it (b) is checked. describe f•rierfy nature of dispute.) apt By (Cuntractor) J LM"I e ( `s— . •wt-.e UWIWltw— CERTIFICATION OF ARCHITECT OR ENGINEER turf of Authorized Representattve/ 19 7 r Title ''r''a e, 1 certify that 1 have eheckei and veriiicd the above and toreguini: Itctiodic Estimate for Partial P.ivmenr: that to the best of my knowledge and belief it is a true and correct statement of w•txk rcriormed and,or material suprlieJ by the cuntrwtur: that all work an.i ur material incluJcJ in this trt•nodic Ea:imatc has !sewn m,pt•cted by me anJ or by my duty authorized representative or axni•ttints anj that it has been performed art,l ',v %urrii-d in full .f::orJ.incc with requirements of the reicrence contract; anJ ' that rar:ial r.tt•mcnt claimed and requested by the eontractur is currtctly computed on thu bash of work performed and 'or mate- rial %urpii-i it, Sir ne Bate4tArchttect iw FICLneer) - — l� j[/ PREPAYMENT CERTIFICATION BY FIELD ENGINEER Chetk type ..s potrn.•nt rrrifted: 1 hate t•hv:Le.f thi, a•.tun.uc a..un r thu contra:tor'. Seht-duh' ot'trar)"ni. for C..rttrart i'.�t-•c•nn, the noty, an: reports of m%- tnsl�t•I f :e (`T.rlt•at. .drat tha rcn.,.it. to I.•t:..u:•ru:n.t .v : to .tr.'.utcit cnctnacr. It is my ornuam that :he .t.ftomrnt of •+t.•rc re:t.•:mr.l .an,: Or m.ftc:r.ti> .u(•rlw.: i..t:: ura:c, ct-u :hc ..•ntraa•tor t•. a,i..ar:ut. the rcquframents of the contract. an.! that :hc contra:tur shuuIJ 61, ; aai tiie am..unt rcyur.tcJ "0"", . I .at:i:t tt,.tr .t.i w,• a11.1 ,ar e:.ata rfai. un.:t. :'-I, aemra,t i:.a. `•aan in:,i'. .ratc•) t:tt• .in.i that t( ht. (•ten r-rio(mcs ani ,; sup- . - -ifaJ to It.il ai: ur,t.l❑ce wjtii mr ra-qutr'munt. a•f ttic avrttra::. IFtra 1. n�rnrrrt lD�tel {' a y Deter PA'YESTIMATE N0 Page of Project KENAI BOATING FACILITY ADDITION TO P AAREA Item No. Item Description Original Contract Amount Total to Date Quantity Amount Quantity and Unit Unit Bid Price Total Unit Cost 201 Type I Classified Fill and Backfill 3915 CY 7.00 27,405.00 O 202 Type III Classified Fill and BaCkfill 23600 5.28 124 608.00 23 Goo /21 /(o 0�' • 501 Furnish & Install 12" 149 LF 6.94 1,034.06 Q ' 502 Furnish & Install 12" Flargd End Section 2 Each 100.00 200.00 U D 503 Construct Catch Basin 1 Each 1,000.00 1,000.00 C� U 701 Furnish & Install Filter jj .80 15 120.00 % ZOO 702 Gabion Placement 6363 CF 5.00 31,815.00 703 Salvage & Replace Loose Rock Lump Sum 1,800.00 1,800.00 56 6 704 Miscellaneous Grading 10 Hour 70.00 700.00 ALTERNArE BID DEDUCT 202A Type III Classified Fill and Backfill 23600 CY — .16 -3, 776.00 1 i .t.. I PAY ESTIMATE N 0 Page of Project KENAI BOATING FACILITY ADDITION TO PARKING/STAGING AREA SCHEDULE OF CONTRACT CHANGE ORDERS (C.0. ) List cvvrg chance urJcr i..ut:J to date tit this request even it no +.rrk has :•een done under one nT more such ardor., ADDITIONS TO ORIGINAL CONTRACT PRICE - DEDUCTIONS "FROM CONTRACT PRICE ASSHOWN ON CHANGE ORDERS (c) CONTRACT CHANGE ORDER DESCRIPTION _ TOTAL COST OF ITEMSADDEDR CHANGE ORDER (a) COST OF CHANGE OROER ITEMS COMPLETED TO(�) ^ATE NO. OATC d � r TOTALS 5 Cost of Change Orders (C.O.) (a) Approved Total Deductions from Contract (c) Net Chan Re From C.O. 0 Change Orders that reduce the contract, Column (c), should reduce the Total to Date Column for that item affected. a PAY ESTIMATE N0Page of Project KFNAT HQAIIN9 FACILUX ADDITION TO PARKING/STAGING AREA SCHEDULE OF Ni4TERIALS STORED AT CLOSE. OF THIS PERIOD (Attach a detailed schedule including quantities for each item) .attach ment Item No. Invoice No. Invoice Date Material Description (Vendor, Freight, etc.) Amount 1Ma c "7 5' 1-7 I I 170Z �` 1-Y? i Ida R.i-. v C�e,bl — v 3 66 L-i�A Y+ ' 50 `3 4:7,6s-o Y-,1C I I I C` ✓ PAY ESTIMATE CITY OF KENAI Linwood, Candlelight, Kaknu, Lawton Project Baker b Kiana Street Improvements - 1988' Contractor Quality Asphalt Paving✓ �' Address 4025 Rasberry Anchorage, AK 99502 Phone 243-2212 SNFO-17 P Project No. QAP 89-514 Period From 5/22/89 to 6/10/89 ✓ ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE Original contract amount Net change by change orders Adjusted contract amount to date ANALYSIS OF WORK COMPLETED Original contract work completed Additions from change orders completed_ Materials stored at close of period Total earned 0 +O +O = Less retainage of 10 percent Total earned less retainage Less amount of previous payments Balance due this payment $ 391,725.50 —0— ,/ $ 391,725.50 ,/ i44,202.00 —0- 3,117.54 c/ 47,319.54 4,731-95 42,587.59 —0— o.� �sQ PAY ESTIMATE CERTIFICATION OF CONTRACTOR N 0 : Page e'Z of 8 Accor.iing to the best of my knowledge and belief, 1 certify that all items and amounts shown on the face of this Periodic Estimate for Partial Payment are correct~, that all work has been performeJ anVor material supplied in full accordance with the requirements of the referenced Cuntract, and, or duly authorized deviations, substitutions, *Iterations, and/or additions; that the foresoing is a true and correct statement of the contract account up to and including the last day of 'the period covered by this Periodic Estimate; that no part of the "Dalance Due This Payment" has been received, and that the nndersianed app•trable ttnt*) and his subcontractors hare -(Check A- (M Complied with all the labor provisions of said contract. b. [_Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with re- ��•, spuct to said labor provisions. (it (b) is checked, describe hrfe(ly nature or dispute.) QUALITY ASPHALT PAVING, INC. ay ) rti ( Contractor, / (Signbture o uthonaed "i. .entauve f June 12. , 19 89 Title 1�ro,ieet Superintendent I . M •ar t_, W ggft r-- CERTIFICATION OF ARCHITECT OR ENGINEER I ccrtiiv that I have checketi and veriiied the above and torccuinc 1'ctiudit: Estimate ter Partial Pavmenr: that to the hest of my knowfe4gc and belief it is a trut: and correct statement ui aa•txk rvrfnrmed and;nr material .--urrlied by the cawractur: that all work aa.i.•a+r material includej in this flenudie F.atimate has !+et•n inspected by me and or by my duty authorized rerre.enutivc ur arsi.unt. and that it hat. been renormed and 'tit surriieJ in full ac�urdanee faith requirements ut tha rcterencc cunira:t: and that p.tr:i.tl ray'ment claimed and tequcstc.i by the eontractur is currcctly cttmruted ill, the basin of work perrttrnneJ .►nd 'watt mate - Signed vial .urriivd t.+ �.uc. r (Art•h, rc +w enKtnrer) Date PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER Chrck lypr ul lrovm✓nt rrrliltrd: ( b.nac ritc:ia.t thi. e•.tnnate a:.tin,r tht ct+ntra:tt•r'. Srhrt:uh of .Ir.:t+u1r1. AIr Ctnttrtit f+:lerr:onta, the noiv, .utt! rervrt% of mt• tn�la•:;nm. t•t r:c In+irat, an.: t!tt I•en••,ii. itl.a:a .ui-iui!tv.i !.r :ha .uilutcct an}tnoct. It r mt .lrnut+n that the .tatetnent t+t a,+;y; ; ;:t.•:the t .uu tIf m.tte:t.ti> .uI•rLc.: i. .w: eta:e, that :hv . rntractm Is at+.cr.mc tine ra•qutroatents ut the contract, ,tnj that cltc ca+ntuetur ,bout.! trt• atln••unt rcgtic.tcd I,ari:a ti'm .t.; .%,-., ,Thai Of r:ato:t.tl. wt.:a: ata trntra,t i:a. ;•wan in.lo.ta•,i !•y too .uti th.0 it ;tt•'..e.•n rtrtt•rmca tni',, ,ur_ i a►c.l ttl lt.il .u:tN :a n:e wait t v rt•gLLltt'ntottt. t•t I6c aentr.t::. �. It 3 f � tF+.:a }no.nr ,I lDtlet e..nrr,•::. nt l.•Itt: ••- PAY ESTIMATE N 0 : 1 Page -3 of 8 _ Linwood, Candlelight, Kaknu, Lawton Project Baker & Kiana Street Improvements - 1988 Item No. Item Description Original Contract Amount Total to Date Quantity and Unit Unit Bid Price Total Unit Cost Quantity Amount 201 Useable Excavation 230 CY 4.00 920.00 -0- 202 Useable Excavation 795 CY 4.00 3180.00 -0- 203 Type I Classified and Backfill 2825 Ton 8.00 22600.00 -0- 204 Leveling Course (2") 33460 SY 1.00 33460.00 -0- 205 Remove existing pavement 100 SY 5.00 500.00 -0- 401.• A.C. Pavement (Type II) 32250 SY 4.50 145125.00 -0- 501 Furnish and install 2 CMP 16 GA. 60 LF 24.00 1440.00 -0- 502 Furnish and install CMP 16 GA. 312 LF 25.00 7800.00 -0- , '03 Furnish and install 18 CMP 16 GA. 56 LF 50.00 2800.00 -0- 504 Sanitary Sewer Service (4") 23 Ea. F1000.00 23000.00 18 1 B4OC)O.00 701 Adjust manhole cone to finish rade 21 Ea. 300.00 6300.00 22 6.600.00 702 Adjust manhole ring to ' finish grade 21 Ea. 300.00 6300.00 2 600.00 703 Adjust valve box to finish grade 21 Ea. 200.00 4200.00 '-0- 704 Topsoil - Contractor furnish d 13 1000 F 200.00 2600.00 -0- 705(a Seeding 30 1000 SF 60.00 1800.00 -0- 705(bi Maintenance watering 14 MG 50.00 700.00 -0- 706 Pipe insulation 2720 BF 1.00 2720.00 2.752 2,752.0C 901 Subgrade preparation 9739 LF 3.00 29217.00 -0- 902 Miscellaneous grading CS 1CS 1000.00 -0- 903 Water service (3/4") , 21 Ea. 1000.00 21000.00 16 [16:.000.00 904 Pave approach 78 Ea. , 150.00 11700.00 I -0- 105 Construct & Pave approach 114 Ea. I 400.00 5600.00 -0- 906 Remove and dispose existing pipe 317 LF 1 5.00 1585.00 -0- 907 Remove & reinstall sign 2 Ea. J200.00 400.00 Tn}dt A....__. r__ . 1-2 n-- I(1 1 335947.00 43.952. PAY ESTIMATE N 0 : I Page -4 of 8 Linwood, Candlelight, Kaknu, Lawton P roje ct Baker & Kiana Street Improvements - 1988 Item No. Item Description Original Contract Amount Total to Date Quantity Amount Quantity and Unit Unit Bid Price Total Unit Cost 908 Remove & reinstall structure 1 Ea. 500.00 500.00 -0- g09 Existing utilities in construction zone 1 LS 500.00 500.00 50. 250.0 TOTAL BASIC BID 336947.00 • ALTERNATE A: 203 1 Type I Classified Fill and Backfill 200 Ton 1 8.00 1600.00 —0— 04 Leveling Course (211) 5520 SY 1.00 5520.00 -O- 401 A.C. Pavement (Type II) 5271 SY 4.50 23719.50 -0- 503 Sanitary Sewer service (4") 5 Ea. 1000.00 5000.00 701 Adjust manhole cone to finish grade 4 Ea. 300.00 1200.00 -0- 702 Adjust manhole ring to finish grade 3 Ea. 300.00 900.00 -0- 03 Adjust valve box to finish' grade 2 Ea. 200.00 400.00 -0- 901 Subgrade Rreparation 2063 LF I 3.00 6189.00 -0- 02 Miscellaneousgrading- CS CS 500.00 _0_ 903 Water service (3/411) 5 Ea. 1000.00 5000.00 --0- 904 ( Pave approach 25 Ea. 150.00 3750.00 --0— 909 Existing utilities in 0 1000.00 -0- - TOTAL ALTERNATE A 54778.50 i. I �� SC 770 CA I /► � " 1 / I N FAY ESTIMATE N 0 : 1 Page 5 of 8 Pro j ect SCHEDULE OF CONTRACT CHANGE ORDERS (C. 0. ) List crefy cha a}c orJvr iaued to date oI this rcquest even i( no as a,r is has hcen acne un.Ter one or more such orders. ADDITIONS TO ORIGINAL, CONTRACT PRICE DEDUCTIONS FROM CONTRACT PRICE AS 5140*4 Cy CHANGE ORDERS (c) CONTRACT CHANGE ORDER DESCRIPTION TOTAL_ COST OF ITEMS ADDED 9v CHANGE ORDER (a) COST CF CHANGE ORDER ITEMS COMPLETED TO(bA)TE NO. ^JATC TOTALS S Cost of Cleanse Orders (C.O. ) Deductions from Contract (a) (c) Approved Total Set Change from C.U. O2 Change Orders that reduce the contract, Column (c), should reduce the .Total to Date Column for that item affected. PAY ESTIMATE N 0 : I Page 6 of 8 Linwood, Candlelight, Kaknu, Lawton Baker and Kiana Street Improvements Project 1988 - Phase II f I SCHEDULE OF �LNTERIALS STORED AT CLOSE OF THIS PERIOD (Attach a detailed schedule including quantities for each item) Attach ment Item No. Invoice No. Invoice Date Material Description (Vendor, Freight, etc.) Amount A 2084 6/9/89 Culvert Pipe & Bands 3,085.54 2099 6/9/89 Culvert Bands 32.00 i f f i i i S i /1 4p7 1 1 1 ( 0 %-T .. w,-o- A Culfabco Inc tr'c�,•,• =,' )�} ►►Tire Culvert Company" Sold To: • Zubeck Inc. Ship To: Candlelight,otc P41SC S1' It;F 188/Kenai St•" . Via: our Truck (Combo Crop 6/9) Pae 7 Of 8 Please Remit To: Culrahco Inc 111 East 100Ih Avennt Anchorage, Alaska 9951 Telephone 344-1144 Fax (907) 344-1174 INVOICENUMOL•R I INVOICED,%[' Not 0 8 4 S. , t, 6/, is Refer to above number regarding thj% or A: t TERMS At 1::%rr, iu (annual pcn emare ra+� j 30 19%) is charFrd per mo I on all naat dur acrour.L, CUSTOMER NO. hGPI10N 1 G { —,_--E.0-B 1 ..lc;a G/2 6/9 Fax/l.uuecl: n'isc.� ve rVPrcl1t( '. Can��e�it,tt� Desch Lion Quant. Shippcd Unit Price To;al —1 j Diam Item 12" Culverts 1hyentoa Code 2 alv Ga 16 Pcs 1 Len th 14' 1 20' 1 12" Annular %and bol tz lea 6 . Si . S i 1 1G' j { —�.--- 15 �— L ...' 3 6 Q t,. "' j 15" Annular Ban .s/bclt�, 2e F, 7. ")e:! i 1 j 1r, Culverts t - i . I it, ) SC.' 1 i *CER j i ''s s,-�nt t_' r L zaJ I j Received by: E % ' N ARNIN(.;: Cuh,cn has sharp ends. U1C PTWk,.1i%0 gloves and cxercisc cxtrcme caution when handim , I 1 C u f a b c o Inc "Tire Culvert Company" Sold To: • Zubech Inc. Ship To: Kenai Misc Sts Job Via: our Truck Page 8 of 8 Please Remit To: 1 Culfabco Inc III Fast 100th Avenue ' Anchorage, Alaska 9951� Telephone 344-1144 Fax (907) 344-1174 . INVOICENUMB&R INVOICEATE No2099 6 9 69 Reicr to above number regarding this order. TERMS A 1 112% service charge (anmial pereentage rate n 3 0 19%) is charged per mo. on all past due account` CUSTOMER NO. TELEI'HONL-� ,rr . r Mi,.. �. :,. r .. out .sit 9747rjng�$ r.. �. PROM. Wl yi r 4 r .- WARNING: Culvert has sharp ends. Use protective gloves and exercise extreme caution when handling. o. cC. �oX 8zz June 15, 1989 Xsna(, c4faika 99611 Dear Mayor Williams Manager. The Kenai Arts and Humanities of the Kenai Fine Arts Cente': would like to thank you for com-.ing to our rescue with the utility bills. Some of the happenings at The Old Pown 3al.lery and Fine Arts Center. The Gallery is open 6 days a week all year 10:00A.L41. to 4:OOP.m. each day by v0luntP6rs:- Have childrens and adult classes . Cermics,Painting, Pottery and such- are well attended. Each Spring a Peninsula Juried Art show is held,entries received from most Peninsula cummunites. In Summer an open .art show and Senior Citizens art display. Each month have an -artist of the month display their work. In May Frost Jones a long time Kenai artist was here from Anchorage. Over 40 of her paintings were loaned to the gallery by people she gave or sold to over the ,years for a showing - enjoyed oy many. Art Cuild members judge local student art work hung in the mall and other places. Helped with the Weamon's Resource g Crisis Center - Child Abuse Prevention Month in March-Phe Family Fun Day -did on the face paintings. The Potters Build -sponsor a juried clay show -the only juried clay exhibition in Alaska. We are in the process of paintinj the outside of the Fine .arts Center, with help of the Peninsula Oilers and the donations of paints and supplies. In November each year the Kenai Art Guild aTI(T The Mental Health holds a 2 day Arts and Crafts Fair at Kenai High School. The Art uuild uses their earnings for scholarship fund for high school seniors to study art in college- $ 2000 was awarded this year. The Kenai Arts & Humanities and Fine Arts Center will look forward to another rewarding year ,especially since we won't have to worry about our utility bills for awhile. Thanks again from all of the'Artist at the FINE ARTS CENTER. S'incer'.ly . Francis Mae Meeks Kenai Arts And Humanities ,President IN RFPL.Y Mpg" TO: IBLA 89-19 United States Department Of the Interior OFFICE OF MAR OS AND APPEALS INTZRIOR DOMD 01r LAND APPZAU 4 s� lots wDAM socrzzm a Aaummrai, vseam a, 22203 co JUN 1989 N � N it CLERK w klliocuszO "F KFW'� STATE CP AIASKA W 2 3 : AA-46214 : ANSCA Sec. 3(e) Parcel : (Kenai Fish and Mildlife : Fteedcluaurtevca site) : Vacated and Remanded /Y ._o —4 r;-•�. J V rtrluai EE of Taw m j .10 1989 #4&* Of M- AWrr.�j. Gem AncA+nc h orap sera . A.tmira The State of Alaska has appealed from a August 29, 1988, decision of the Alaska State Office, Bureau of Land Manage t (MM), identifying, pursuant to the provisions of section 3(e) of the Alaska Native Claims Settlmaent Act, 43 U.S.C. S 1602(e) (1982), a portion of U.S. Stuvey No. 1435, containing ap woKimately 0.55 aof land in Kenai, Alaska, for possible inclusion in the pool of properties available for selection by Cook Inlet Region, Inc. (CIRI), subject to valid existing rights. On May 22, 1989, counsel for the State, counsel for BIM, and counsel for CIRI filed a joint stipulation requesting that the Board vacate the decision under appeal. The parties represent that the 0.55 acre parcel in question will not be placed in the CIRI selection pool; that CIRI will not select the parcel; and that the land in question will not be conveyed to CIRI. Accordingly, pursuant to the authority delegated to the Board of Land Appeals by the Secretary of the Interior, 43 CPR 4.1, the decision appealed iron is vacated and the case remanded to the Alaska State Office, BIM: Bruce R. Harris Administrative Judge I concur: L. Huatski trative Judge w I - APPEARANCES: Elizabeth J. Barry, Esq. Assistant Attorney General State of Alaska Department of Law 1031 W. 4th Ave., Saute 200 And=age, Alaska 99501 Dennis J. Haswell, Esq. Office of the Pegianal Solicitor U.S. Department of the Interior 222 W. 8th Ave., Box 34 Anchorage, Alaska 99513-7584 Mark W. Kroloff, Esq. General Counsel Cook. Inlet Region, Inc. P.O. Box 93330 Anchorage, Alaska 99509-3330 cc: U.S. Fish and Wildlife Service ' 1011 East Tudor Road Anchorage, Alaska 99503 INFO 0 234,56789�0 c C' rn 0�� T N r1 ,: M tD rn A: O O rt J w �C co m �Pl�o 7a 0 r+ too:jN co a w fTCnr•h-+ r+ w N � � C cD n rt. 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I AO '<aON•<O e a ?0Aa •► I S I to m 10 WINCE-CORTHELL-BRYSON BOX 1041 KEh4pI( ALASKA 99611 June 13, 198� City of Ken�z 210 Fioalet Kenai, �las"a 9961� Subject : Desipn Progress Report For ,:enai Mun,cipal Airport Drainage Study p~n.ect � �8-83 '-) - C W*fi($ tJ As n:e �owinp work items have been comole'Ceo or are nearzo� �onoietzon. 1. �erza^ �,o�ooraon� - The proJect was photogramneo on 1\�ovember 4` 19B� zy `^er,wao - U.S. of Anchorage in order to o��azn tne cleares� �,ounc pessib�e, ai�ter the leaves had dropoeo ano oefore heavy snow`'a^^. T000graphic maos should oe completea oy June 2. "'Notice To ProCeeo"- our suoccn�,=c:or, �ntegrity Surveys, completed the and ver�z�a �u��roi .�.urveyzog for the topograpnic tne �nitial survey was completed oy and 'y 95;^ complete. Some szte soe�zf�c surveyirg wzll be reqvzre� as �he evaluation pror3resses. 3. Design wor� comoleteoudtnm d or under way at is t�e conszs�s o� the following: A) data for the past 4,+ years has been statistically analysed, and rainfall intensity curves for the area developed. These curves will be useo for determination of run-off yalues for this proJect, and can also be otilized for other city proJecrs. B) Preliminary schematic designs are aporoximately 75r� complete using tne 1979 city t000graohic maps. When we receive the new topographic maps, these schematics will be finalized onto the new maps. A meeting could be held at that time with interested parties to dis- cuss the pr000sed drainage conceots. ~�^ IM You are welcome to stoo uy our office and discuss the aoove described work, snoWc you have any questions. Sincerely, WINCE—CORTHELL—BRvSON Philio Bryson, P'E. TO DO LIST JUNE 21, 1989 KENAI CITY COUNCIL 1. C. Brown - Prepare report on Eagle ock Assessment Dist. request for 7-5 meeting 2. B. Brighton - Prepare agreement ith Twin Cities Raceway for use of water well. 3. B. Brighton - $1,000 for fuel or 7-4 celebration, fly -over 4. J. Williams - Report on sta s of EDC at 7-5 meeting J. Ruotsala - Check on ins ance for Comm/Comm secy LJ. Ruotsala - Schedule wo session for 6-29, 7:00 PM. �` Discuss: Airport termin concession leases R. Ernst - Notify Airpo Commission members a J. Ruotsala - Schedule or July or Aug - Discussion of Master Plan for long nge and short range plans 8. C. Brown - Prepare s opsis on unbudgeted expenditures of Council in 1987/ and 1988/89 years, for 7-5 meeting f jr & / E 7 -f— C.��J