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HomeMy WebLinkAbout1989-05-03 Council PacketKenai City Council Meeting Packet May 3, 1989 ENAk C11"t' ],)LINCk,. 4f GIJILA14 Mf1;A'11Nl3 MAY 3 11989 7:00 PNI '0 ()RDF I P %,Vplcorn,s lo Sludenit, C, PUBLY, HEARINGS 1. Ordinance 1315.89 - Increase RewAppns - Library Books, Donation - $1,800 2, Resolution 89-36 - Authorizing Participation in State Day Care Assistance 3. Resolution 89-37 - Setting Percentage of Fair Market Value on Lease of City -Owned Lands 4. Resolution 89-38 - Award Inspection - LCK Project - Wince, Corthell & Bryson - $57,760 6. Resolution 89-39 - Award Inspection - VIP Project - McLane & Asoc, - $64,108 8.1 Resolution 89-40 - Award Inspection - E. Akk, H~ - M. Tauriainen - $20.684 7. Resolution 89-41 - Transfer Funds for Inspection & Surveying - VIP, LCK, HA Projects 8. *Transfer of Uquor License - Kenai Joe's 9. *Transfer of Liquor License - Mr. D's H. NEW BUSINESS 7. Ordinance 1320-89 - Increase Rev/Appne - Airport Ter- minal Renovation: 1) Bar & Restaurant Furniture & Equip- ment, 2) Change Order #5, 3) Contingencies - $187,000 a. Public Hearing - Ord. 1320-89 The public is InVited to attend and participate. Janet Ruotsala, CMC City Clerk AGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 3, 1989 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Welcome to Students 3. Roll Call a. Students b. Council 4. Agenda Approval 5. 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) C. PUBLIC HEARINGS 1. Ordinance 1315-89 - Increase Rev/Appns - Library Books, Donation - $1,800 2. Resolution 89-36 - Authorizing Participation in State Day Care Assistance 3. Resolution 89-37 - Setting Percentage of Fair Market Value on Lease of City -Owned Lands 4. Resolution 89-38 - Award Inspection - LCK Project - Wince, Corthell & Bryson - $57,760 5. Resolution 89-39 - Award Inspection - VIP Project - McLane & Assoc. - $64,108 6. Resolution 89-40 - Award Inspection - E. Aliak, Highbush - M. Tauriainen - $20,684 7. Resolution 89-41 - Transfer Funds for Inspection & Surveying - VIP, LCK, HA Projects 8. *Transfer of Liquor License - Kenai Joe's 9. *Transfer of Liquor License - Mr. D's 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 a. Welcome to Kenai Sign E. MINUTES — 4. *Regular Meeting, April 19, 1989 `?±f 2. *Special Meeting, April 24, 1989 F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1316-89 - Increase Rev/Appns - Council on Aging - $3,471; Decrease Rev/Appns - Senior Employment Fund - $5,912; Decrease Rev/Appns - Senior Day Care Fund - $1,745 4. *Ordinance 1317-89 - Amend Kenai Municipal Code, Title 23 - Increase Employer Contribution - Supplemental Retirement Plan 5. *Ordinance 1318-89 - Increase Rev/Appns - Shipping Costs for Donated Museum Artifacts - $212 6. *Ordinance 1319-89 - Increase Rev/Appns - Susieana Lane Paving - $42,000 7. Ordinance 1320-89 - Increase Rev/Appns - Airport Terminal Renovation: 1) Bar & Restaurant Furniture & Equipment, 2) Change Order #5, 3) Contingencies - $187,000 a. Public Hearing - Ord. 1320-89 8. Approval - Lease Amendment - CIIAP - R. Jackson 9. Approval - Kluge Proposal - Bid Furnishings & Equipment - Airport Bar & Restaurant Renovation 10. Approval - Airport Terminal Renovation - Change Order #5 11. Discussion - Dairy Queen Facility RFP 12. Approval - Regional Conference, Alaska Recreation & Parks Assn. - Registration for 5 Commissioners - $275 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 COUNCIL M ING OF _ 9 COUNCIL MEETING OF S 3-� KENAI PLANNING & ZONING COMMISSION April 12, 1989 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Vice Chairman Presiding 1. ROLL CALL Present: Bryson, Brown, Glick, O'Reilly Absent: Nault, Bannock (excused) 2. APPROVAL OF AGENDA MOTION: Commissioner Brown moved for approval of the agenda as submitted, seconded by Commissioner Glick VOTE: Motion passed by unanimous consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. PZ89-4: Conditional Use Permit for Bed & Breakfast - Lot 29, Block 3, VIP Ranch Estates - Eldridge Planning Specialist Loper introduced this item. According to the letter submitted by the applicants, maps and drawings, all aspects of the business appear to meet the code with the exception of persons employed outside the home. Mr. & Mrs. Eldridge informed the Commission that there would be no persons outside the family employed. MOTION: Commissioner Brown moved approval of 89-4 for the proposed Bed & Breakfast establishment at 2679 Bowpicker Lane for Mr. & Mrs. Eldridge, seconded by Commissioner Glick Commissioner O'Reilly asked if there were plans for a guide service to accompany this, answer no. Commissioner Brown asked if there were going to be any signs, answer no. Mrs. Marta Eldridge asked if there had been any comments from the certified notices sent out, answer none. A copy of the covenants from the subdivision were submitted, however, no official comments were received from that party. KENAI PLANNING & ZONING COMMISSION April 26, 1989 Page 2 VOTE: Motion passed unanimously by roll call vote 5. APPROVAL OF MINUTES - April 12, 1989 MOTION: Commissioner O'Reilly moved approval of the minutes as submitted, seconded by Commissioner Glick VOTE: Motion passed by unanimous consent 6. OLD BUSINESS None 7. NEW BUSINESS a. Vacation Request: 10' of 40' Easement Adjacent to Spur Hwy, Lot 17, Block 10, Valhalla Heights S/D - Alaska Housing Finance The Commission reviewed the staff comments. MOTION: Commissioner O'Reilly moved to recommend approval of the vacation of the 10' of the utility easement for Lot 17, Block 10, Valhalla Heights S/D, seconded by Commissioner Glick VOTE: Motion passed unanimously by roll call vote 8. PLANNING The Borough has indicated that they have the capability of producing the large map that we had, however cannot reduce it. The City Manager has approved moving ahead with obtaining cost estimates for the map project. 9. REPORTS a. City Council Councilman Smalley not in attendance. Agenda is available. b. Borough Planning The Commission discussed and concurred with the Corps application for buoy for Kenai River 238 which was for Mr. Redman. C. City Administration None KENAI PLANNING & ZONING COMMISSION April 26, 1989 Page 3 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. City Council Agenda - April 19, 1989 b. Borough Planning Commission - April 17, 1989 C. Letter from Borough Mayor Gilman to Corps Regarding Buoys d. Economic Development Commission Recommendation to Council Regarding Oil Spill Impact 12. COMMISSION QUESTIONS & COMMENTS None 13. ADJOURNMENT There being no further business, the meeting was adjourned. Janet A. Loper Planning Specialist F AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 19, 1989 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Executive Session 4. Agenda Approval 5. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Bill Nelson, Engineer - Liability Insurance 2. Blaine Gilman, Attorney - Pull Tabs C. PUBLIC HEARINGS 1. Ordinance 1312-89 - Increasing Rev/Appns - Airport Runway, Taxiway C Overlay & Related Lighting Improvements - $1,666,452 2. Ordinance 1313-89 - Increasing Rev/Appns - Dock Facility - Expansion of Parking & Staging Area - $135,000 3. Ordinance 1314-89 - Increasing Rev/Appns - Library - Cancellation of Lease Agreement, Copy Machine - $1,500 4. Resolution 89-29 - Support of Salamatof Tribal Council for BIA Assistance - Road Access to Elephant Lake 5. Resolution 89-30 - Award Contract - Boating Facility Parking/Staging Area - Foster Const. - $199,906.06 6. Resolution 89-31 - Award - VIP Street Improvements - Harley's Trucking 7. Resolution 89-32 - Award - Linwood, Candlelight, Kaknu, Kiana, Baker, Lawton Street Improvements - Quality Asphalt 8. Resolution 89-33 - Award - E. Aliak, Highbush - Harley's Trucking 9. Resolution 89-34 - Transfer of Funds - Cooling System, Public Safety Bldg. - $7,623 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, April 5, 1989 F. CORRESPONDENCE 1. *Sen. Stevens - Alaska Conf. of Mayors Invitation to President Bush 2. *Deputy Assist to President Bush - Alaska Conf. of Mayors Invitation to President Bush 3. *Unity Trail Committee - Kenai/Soldotna Bike Trail 4. *Alaska DOT&PF - Sterling Hwy Project G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1315-89 - Increasing Rev/Appns - Library Books, Donations - $1,800 4. Games of Chance & Skill - Pioneer of Alaska, #16, Kenai 5. Games of Chance & Skill - Multiple Sclerosis Society, Anch 6. Approval - Vacate Utility Easement - Spruce Grove S/D 7. Discussion - Lantern Circle a. Re -Naming b. Paving 8. Discussion - Airport Terminal Leases 9. Approval - Lease Application - Gusty S/D #4 (Lot 1, Block 3) - James Doyle 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 APRIL 19, 1989 - 7:00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING A. CALL TO ORDER Mayor Williams called the meeting to order. A-1 Pledge of Allegiance A-2 Roll Call Present: John Williams, Art McComsey, Ray Measles, Chris Monfor, Marj O'Reilly, Linda Swarner Absent: Hal Smalley (excused) A-3 Executive Session MOTION: Councilman McComsey moved, seconded by Councilman Measles, to adjourn to executive session concerning matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. I request that Council, the Finance Director, and Attorney Haggart attend. VOTE: Motion passed unanimously by roll call vote. COUNCIL ADJOURNED TO EXECUTIVE SESSION: 7:05 PM. COUNCIL RECONVENED: 7:35 PM. MOTION: Councilwoman Monfor moved, seconded by Councilman McComsey, to have Council and Administration proceed with lawsuits against the assessments on Inlet Woods Subdivision. Motion passed unanimously by roll call vote A-4 Agenda Approval Mayor Williams spoke. a. Add item B-3 to the agenda (Vince O'Reilly, Economic Development Comm. - Study/Plan of Economic Impact to the City of the Prince William Sound Oil Spill) b. Add item B-4 to the agenda (Clint Hall - Inlet View S/D) C. Item Info-3 relates to item B-2 (Pull Tabs) d. Item Info-6 relates to item C-1 (Ord. 1312-89) e. Additional material distributed this date relating to item C-2 (Ord. 1313-89) f. Add Res. 89-35 (Repair of KCHS Stadium Facilities), distributed this date, as item C-10 g. Item D-2 (Airport Comm. Minutes, 4-6-89) has 2 action items KENAI CITY COUNCIL APRIL 19, 1989 PAGE 2 h. Delete item H-2 (Requisitions Exceeding $1,000), no action items MOTION: Councilman McComsey moved, seconded by Councilman Measles, to approve the agenda as amended. Motion passed by unanimous consent. A-5 Consent Agenda Council approved the Consent Agenda as submitted, by unanimous consent. B. SCHEDULED PUBLIC COMMENT B-1 Bill Nelson, Engineer - Liability Insurance Bill Nelson. I sent a letter to the Public Works Dept. to have my liability rates dropped. The main reason is economic. I will be paying for the duration of the contract. At this point if I will no longer be required to have insurance, it would lower my insurance rate. The City would not have any coverage anyway. My premium has increased from $13,000 last year to $25,000 this year for $500,000 professional liability insurance. The contracts remaining with the City are about $10,000 - $15,000 worth of work. For me to buy insurance, I would not be doing enough work to pay for the insurance. Also, what is the coverage that the City is being offered? It has been standard policy for this type of work to be $1/2 Million coverage. I think that is more than you need. You are paying for more coverage for consultants than you need. It is not the same type of risk in designing roads as it is in designing buildings. On roads there are not that many problems. I have not heard of an engineer that has been responsible for road failure. It is economic survival for me. $25,000 worth of insurance for $10,000 worth of work. I have bought $100,000 insurance, that cost $10,000. I feel there is no prospect to amortize that much. I don't see enough engineering work in the area to generate that much income. MOTION: Councilwoman Monfor moved, seconded by Councilwoman O'Reilly, to allow Bill Nelson to reduce his insurance coverage to $100,000 as long as he covers everything. Councilman Measles. How many contracts do we have out that this could affect? Will we have more people at next meeting with the same question? Public Works Director Kornelis. At this time we have no other inspection contracts, but do have some design projects. We will have inspection contracts at the next meeting. I would not be opposed to lowering these requirements to $100,000. They are streets and paving. Arch. Kluge does not have E&O insurance. He took over Arch. Gintoli's contract. We are only talking about E&O. Atty. Rogers. The (City) insurance broker and I talked about this. We are paying indirectly. I discussed the City carrying the insurance. We should get reduced proposals. KENAI CITY COUNCIL APRIL 19, 1989 PAGE 3 Councilman Measles. If it appears the direction we are going is that the City would insure engineers, how will this affect general contractors coverage for insurance? Public Works Director Kornelis. They would remain the same. Councilman Measles. Could an amendment make it to one individual? Mayor Williams. We would not want to do that. If we entered into new contracts, would that affect them? Atty. Rogers. It was for existing contracts only. MOTION, Amendment: Councilman Measles moved, seconded by Councilman McComsey, to amend the motion to state: for Bill Nelson, for existing contracts. Atty. Rogers. Was this for design and inspection? Public Works Director Kornelis. I would say both. I will get prices with or without, for $500,000 and $100,000. We used to ask $1,000 for roads and $2,000 for buildings. a Mr. Nelson. Homer does not require any on roads. The Borough does it project by project, depending on the risk. Soldotna is $250,000 maximum. I spoke to some consultants that are in the same boat (as I am). Mayor Williams suggested adding a friendly amendment to the motion, that it include existing contracts? Council agreed to the friendly amendment. Councilman Measles. Do we have to change an ordinance? Public Works Director Kornelis. No, we have had motions to lower rates. VOTE, Motion with Friendly Amendment: Motion passed by unanimous consent. B-2 Blaine Gilman, Attorney - Pull Tabs Mayor Williams. There are inclusions under item B-2 from AML and the Borough. I have a packet regarding pull tabs for Council review. The Borough excludes municipalities that exempt themselves. Atty. Rogers distributed additional material. Mayor Williams. The gross sales exceeded $3 Million. That is at the local area. There are only 11-12 operators. Blaine Gilman, Atty. (Distributed material) I have been asked to speak regarding gaming laws, primarily pull tabs. State laws in Alaska allow non-profit organizations to conduct Games of Chance & Skill or pull tabs. They must be in good standing for 3 years. Permits are liberally given out by the State. Some permittees have the option of retaining professional operators. They must be licensed by the State. In the business of running Games of Chance & Skill, etc. for profit, a percentage must go to the organization. There is a requirement of 15% of adjusted gross. Most games pay back 80% return, 20% would be adjusted gross. 15% may be negotiated but must be specified in the contract. A professional operator must be bonded, $25,000 for each permit to $100,000 maximum. The bond is to ensure the organization contracting is paid statutory required amount. The Kenai Borough, this KENAI CITY COUNCIL APRIL 19, 1989 PAGE 4 month, passed an ordinance to prohibit professional operators from working in the Borough. I spoke at the public hearing and tried to convince them that it was untimely for them to do this. The State is re -drafting their statutes. The Borough passed the ordinance and regulations have been sent out. Any organization, other than the non-profit themselves, will be considered professional operators, such as bar tenders, etc. It will narrow it down. The 7-11 stores, some restaurants, some taverns have pull tabs. Under these regulations, most of this activity will be stopped. There is a provision in the Borough ordinance to allow cities to permit professional operators in their municipalities. There are good reasons why municipalities would do this: taxing issues are ignored by the Borough and cities. Borough Atty. Tom Boedecker said there is no reason pull tabs are not taxed. There is a substantial amount of money in this community being passed out. I believe the cities should receive a portion of this. It will generate tourist trade and revenue as the only city in the Borough that allows them. This is much money at stake. Gaming is here to stay. I would urge Council to consider opening up the City for professional operators to open up in Kenai. Mayor Williams noted the City of Kenai is a permit holder. Atty. Rogers. Is there anything to preclude municipalities from being operators? Atty. Gilman, no. Councilwoman O'Reilly. The State is coming up with new definitions; when will we expect these? Atty. Gilman. A proposed copy is in the distributed material. Mayor Williams. For a state that is not in the gambling business, there are 4 pages of rules regarding gambling. The Kenai Visitors & Convention Bureau is in the business. The Chamber of Commerce and AARP are in the business. There is a $4 Million revenue roll. The Borough feels it is a secondary retail matter that could be taxed. We are losing revenue at 5% of $4 Million. With manufacturing of pull tabs, odds can be set. Councilwoman Monfor. If we allow professional pull tabs in the City, how would we collect? Would some have to go to the Borough? Mayor Williams. They must report to the State under penalty of law and must purchase from licensed vendors in the State. There is a hazard of 0% return. Atty. Gilman. Pull tab distribution is regulated. They must report returns and numbers. Atty. Rogers. (Reviewed material distributed) The oilers received $1.3 Million. Do they have operators? Atty. Gilman. I do not know. Atty. Rogers. The Soldotna Chamber of Commerce runs their own. Soldotna Little League, Lionesses, KPHA? Atty. Gilman. I don't think any of them do. Atty. Rogers. These are the highest ones. Atty. Gilman. Permit holders have an option to run and it is in their interest to do so. But it is a viable option for smaller ones. Under the new ordinance, a substantial number of these people will be listed, operators will have to be licensed by the State. Atty. Rogers. That should not be a problem, with the amount they will be making. Mayor Williams. The Visitors & Convention Bureau is using as a quasi -professional operator even though they KENAI CITY COUNCIL APRIL 19, 1989 PAGE 5 are not professional. Also the Senior Center. Under the new regulations those groups will be shut down. Atty. Gilman. If you consider allowing professional operators, you need to pass an ordinance for taxation of activity. Actual raw dollars is not what the figures project. Sometimes there is a trade on winners. It should be taxed at raw dollars. Councilwoman O'Reilly. In small restaurants or bars that use permit -holders license, do they have more than one license? Atty. Gilman. Most small bar owners, etc. stick to 1-2 non-profit groups for pull tabs. They receive a percentage of pull tabs as rent for space. Under the new regulations they will be classified as professional unless they run for free. Councilwoman O'Reilly. Is there State statutes that limit the number of permits businessmen could have? Atty. Gilman. The cannot sell any for profit. They can use for non-profit. With more than one, they are classified as professional. Mayor Williams. There are many things transpiring at the State level, we may be very interested in this. No action taken by Council. B-3 Vince O'Reilly, Economic Development Comm. - Study/Plan of Economic Impact to City of Prince William Sound oil Spill a. Vince O'Reilly, Economic Development Comm. In view of the circumstances we may all be dealing with, I wanted Council to be prepared to have an organized, comprehensive impact plan for Kenai of the oil spill. The purpose would not be accusatory or inflammatory, but enlightening. 2 members of the Economic Development Comm. have been contacted and approve, 2 have not been contacted. Chances are there will be impact on the City's economy. (He reviewed memo distributed this date) Many government agencies are involved on physical inspection, none on economic impact. The study would prevent panic. Ex: one processor is going to offer $6+ per hour, Exxon is offering $17. There are government people here now and probably more coming. The purpose is to keep the budget loose, we do not know what we are going to have. Finance Director Brown says there is $13,000 left in EDC budget. It is not a study for more knowledge, there is a major physical and economic calamity that has occurred. We have a responsibility as a city of knowing the economic effects on municipal government and businesses in the City. There has never been a similar type of impact on the State. We have lost Prince William Sound herring fishery, if one glob of oil shows up in a salmon net, chances of the processors buying that load of fish is nil. We cannot get involved with the physical impact of the spill, but can get involved with City's interests and reassure private business of what would happen if the salmon were not accepted. b. Stan Steadman, Kenai Borough, EDD. Regarding State action: Dept. of Commerce is charged by the Governor to spearhead economic recovery. They had packaged a grant proposal from EDA to match Exxon KENAI CITY COUNCIL APRIL 19, 1989 PAGE 6 money. $100,000 total, $60,000 each for 5 regions, $12,000 per region, about $1,500 in the Kenai area. There are other agencies making studies. Regarding tourism: The Visitors & Convention Bureau will have a promotion campaign. The State Visitors Assn. has undertaken an economic study. C. Leon Quesnel, Harbor Comm. The Harbor Comm. has nothing at this time, he is here to listen. d. Jim Elson, Economic Development Comm. and Homer Electric. Any decrease in fish has an impact on utility people. We will be watching this. To have a tool such as this would be helpful. Mr. O'Reilly. Doug Coughenower said there are economic models being made for Kodiak and the Kenai Borough. They may be of use. We can just see how this plays out, or we can take action of a quick, organized nature to scope out what could be coming at us. He wanted Council to be sure and understand this will not be a glossy report. It may be open ended but would give us some kind of study so we have something to give the State and Federal agencies as to impact. There will be economic benefit from the spill: hotel activity, trucking activity, aviation activity. I would earnestly recommend Council participate in an active manner. Mayor Williams. I have been in contact with many city mayors. They are all in the same situation, preparing impact studies. a) We are the main processing city in the Borough. b) We are going to have a handle on the amount of loss in working with Exxon. There are some funds in the EDC budget and in contingency. Councilwoman Swarner. How about the Harbor Comm. budget? Finance Director Brown. The Harbor Comm. budget is mixed with the boating facility. I cannot answer that. The boating facility has $50,000 unspent. Some is in areas we cannot touch. MOTION: Councilwoman Swarner moved, seconded by Councilman McComsey, to go ahead with the study, use the EDC budget, take the remainder from the Harbor Comm. budget and travel; and prepare a resolution. Councilwoman Monfor. When we get the report back, I would hope that even though there will be negative impact, I would hope this would be a positive report. As a fisherperson, if I am saying something negative, people in the lower 48 have no idea of what is happening in Alaska. They will not buy the product. Motion passed by unanimous consent. Mr. O'Reilly. I can contact Mr. Coughenower? Answer - yes. Councilman Measles. The resolution will have to be brought back at the May 3 meeting. It would have to be an emergency and you do not have a full Council. We need an emergency meeting. Mayor Williams. These funds do not have to be paid immediately. We can use the good faith of the City. Atty. Rogers. A transfer KENAI CITY COUNCIL APRIL 19, 1989 PAGE 7 of funds can be done by a telephone poll. I will research 4-20, or you can give Administration consent now. MOTION: VOTE: Councilman Measles moved, seconded by Councilman McComsey, to proceed immediately and if permitted by Code, go ahead with the study. Motion passed by unanimous consent. Jim Carter, Borough Economic Development District. As of 5:30 PM, April 19, at the initiation of Exxon, they asked the State what could be done about the adverse publicity regarding the oil spill. There will be a meeting with Exxon April 20, $10+ Million from Exxon to cope with this. They are targeting the east coast media. Tourist activity has been hampered by adverse publicity. This will be a positive step. Mayor Williams. The City is expecting 11 caravans this summer, 4 more than last year. B-4 Clint Hall, Inlet View Clint Hall. I prepared a report of our history and background. We sold our interest to National Bank of Alaska, the City sent us a letter regarding paving of Susieana Lane. I thought the bank had all interest and told the City we had no interest. The bank said they would not pave this year. I spoke to City Manager Brighton and Atty. Rogers, they reminded me of the agreement regarding the lot as collateral regarding paving. I have given assurance to the homeowners. I asked City Manager Brighton if I could have an extension. I returned from a business trip to see in the papers that 1 would not do the paving. That was not my intent. Mr. Hall. At the last Council meeting, discussion was brought up regarding O'Brien Ct. Councilwoman Swarner. There is a hole on the left side of the road, it is not very wide, it is not a good road. Mr. Hall. I think there is drainage there on the apartment parking lot. I did not develop the street, the City did. Mr. Hall. Regarding the lot on the corner of Forest and 3rd. In a trade with the City for a lot for the power station, the City offered to build the street for trade. At my own expense I built up to grade. I did not develop the street. Mayor Williams. That was before our time. Mr. Hall. When I bought the subdivision, it was not an improved street. I improved it at my own expense. Mr. Hall. You are asking me to sign a confession of judgement. That would affect my credit rating. I would like to see the subdivision paved. Is there any way it can be done without a Confession of Judgement? Atty. Rogers. Deposit $42,000 to the City. Mr. Hall. My cost is $32,000 to improve the street. At this time if I was to bring $42,000 to the City, would I get a release of contract and release of deed of trust? KENAI CITY COUNCIL APRIL 19, 1989 PAGE 8 Atty. Rogers. There was a lot for deed of trust. You sold the deed of trust to the bank. We did not rescind the deed of trust. The City is allowed to rely on your promise. The deed of trust protects the 3rd party. You met with City Manager Brighton and me and said you would not pay. Mr. Hall. I did not say that. I did not believe we had any further interest in the subdivision. Atty. Rogers had said we signed a personal deed of trust. I did not know that. Atty. Rogers. I do not know if the project can be done for $42,000. Public Works Director Kornelis. At the time it was estimated at that. I would not be surprised if we could do it because of the bids we have received of late. Mayor Williams. If the City agreed to release from claim, would you pay $42,000? Mr. Hall replied yes. Councilwoman Monfor. We were unanimous that these people would have their streets paved this summer. We cannot let these people not have this done. Mayor Williams. When will you transpose the money? Mr. Hall. I will do that April 20 and get a release of deed of trust. Mayor Williams. Council agree? Councilwoman O'Reilly. Do you think we are safe for that? Public Works Director Kornelis. We would be close. Mr. Hall. I did my part for $30,000. It is not labor intensive. Councilwoman Swarner. Did Public Works look at curbs? Public Works Director Kornelis. Yes, Engineer LaShot did. Mr. Hall. 2 yds of cement, about $400. Councilman McComsey. Is there some way Mr. Hall could put money in an escrow account? Atty. Rogers. Let him trust us. He wants a release, he will pay $42,000 and the City will do it. Councilwoman Monfor. Norman St. - we were talking about finishing that off. Public Works Director Kornelis. Info-15 explains this. Norman is a dead end street. Councilwoman Monfor. If Mr. Hall gives us $42,000, he is out of the picture. We will do it. If a family comes to us (on that street) we could pave? The storm drain is in the middle. It is silly to pave all around and not fix that. Mr. Hall. The people would have pavement in front of their driveway. Mayor Williams. It seems strange that the plat was approved without the owner's approval. Councilwoman Swarner. Norman is not all paved. Are we expecting $42,000 would pave Susieana Lane and Norman? Atty. Rogers. That was not part of his contractual obligation. Mayor Williams. How much is left on Norman? Mr. Hall. 1/2 of one lot. Councilwoman Monfor. I feel the City should do that. Mayor Williams. How deep is the corner lot? That is 50 ft. of paving. Is Council willing to make a settlement with Mr. Hall by having a deposit or cash or $42,000? Councilwoman Monfor. On one condition that Public Works Director Kornelis will make a statement that it will be paved this summer. Public Works Director Kornelis. It can be done this summer. If he brought in the money, I would contact McLane and have them take a look at drawings, make a status report, take a look KENAI CITY COUNCIL APRIL 19, 1989 PAGE 9 at curbs and gutters. Mr. Hall. My estimate is 29,800 ft. of asphalt. That includes everybody that has curbs and gutters, including Norman. MOTION: VOTE: Councilwoman Monfor moved, seconded by Councilwoman Swarner, to take Mr. Hall's money (cash or certified check), get him out of the picture, we take care of the road project, with an absolute guarantee that the roads will be paved this summer. Mayor Williams. Direct Administration to proceed with necessary work as soon as possible? Public Works Director Kornelis. The biggest hold-up will be getting Council approval. Councilwoman Monfor. I remember streets on each end of town that were to be done and were not. Mayor Williams. Is Mr. Hall aware of any reason we cannot get this done? Mr. Hall. I can get done by this Spring. Atty. Rogers. I will draft a release covering these 2 documents. Motion passed by unanimous consent. Tim McGee, Susienna Lane. When Mr. Hall deposits the money, could it be put in a separate account so it does not get used for other work? Mayor Williams. It is not necessary, it will be set aside for this. C. PUBLIC HEARINGS C-1 Ord. 1312-89 - Increas. Rev/Appns - Airport Runway, Taxiway C Overlay & Related Lighting Improvements - $1,666,452 MOTION: Councilwoman O'Reilly moved, seconded by Councilman McComsey, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-2 Ord. 1313-89 - Increas. Rev/Appns - Dock Facility - Expansion of Parking & Staging Area - $135,000 MOTION: Councilman Measles moved, seconded by Councilman McComsey, to adopt the ordinance. There was no public comment. Councilwoman Swarner. I did not think it would cost this much. I thought it would be under $1,000. Mayor Williams. I brought this to Council's attention that it would be more. VOTE (Passed): Yes: Williams, McComsey, Measles, Monfor, O'Reilly, No: Swarner C-3 Ord. 1314-89 - Increas. Rev/Appns - Library - Cancellation of Lease Agreement, Copy Machine - $1,500 KENAI CITY COUNCIL APRIL 19, 1989 PAGE 10 MOTION: Councilwoman Swarner moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-4 Res. 89-29 - Support of Salamatof Tribal Council for BIA Assistance - Road Access to Elephant Lake Councilman McComsey moved, seconded by Councilwoman O'Reilly, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-5 Res. 89-30 - Award Contract - Boating Facility Parking/Staging Area - Foster Const. - $199,906.06 MOTION: Councilman McComsey moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-6 Res. 89-31 - Award - VIP Street Improvements - Harley's Trucking IV, D0cer4 Councilwoman O'Reilly moved, seconded by Councilman McComsey, to adopt the resolution. There was no public comment. Councilwoman Swarner. What was the company that did the work in Woodland last year? Public Works Director Kornelis. Harley's Trucking. But this is paving, that was gravel. Motion passed by unanimous consent. C-7 Res. 89-32 - Award - Linwood, Candlelight, Kaknu, Kiana, Baker, Lawton St. Improvements - Quality Asphalt MOTION: Councilman Measles moved, seconded by Councilwoman Swarner, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-8 Res. 89-33 - Award - E. Aliak, Highbush - Harley's Trucking MOTION: Councilwoman O'Reilly moved, seconded by Councilman Measles, to adopt the resolution. KENAI CITY COUNCIL APRIL 19, 1989 PAGE 11 There was no public comment. Motion passed by unanimous consent. C-9 Res. 89-34 - Transfer of Funds - Cooling System, Public Safety Bldg. - $7,623 MOTION: Councilman Measles moved, seconded by Councilman McComsey, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-10 Res. 89-35 - Urging Kenai Borough to Provide Funding for Repair of KCHS Stadium Bleachers, Concession Stand and Toilet Facilities Ice"� COY.F Councilwoman Monfor moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Councilwoman Monfor, corrected the name of KIMCO to CHEMICO. Motion passed by unanimous consent. D. COMMISSION/COMMITTEE REPORTS D-1 Council on Aging Councilwoman Swarner. There will be a fashion show put on by the senior citizens May 6. Councilwoman Swarner. I will be going to Juneau for the Congregate Housing April 25. Councilwoman O'Reilly. I called Rep. Navarre this date regarding reappropriation of $87,000 left in the study for Congregate Housing, to voice an objection to plans to distribute Borough -wide. It had already been done. Mayor Williams. It goes into a reappropriation bill. If all agree, it will go to the Floor. Councilwoman O'Reilly. I conveyed my feelings. They did not ask us. Mayor Williams. It won't be done till the last 2-3 days. Councilwoman Swarner and I will address this when we are in Juneau. Atty. Rogers. I will be down there the last few days. Program Director Porter. It happened fast. I received a call from Sen. Fischer. He had proposed $100,000 to the Borough for senior programs in the Borough. He understood $89,000 left was to be used for a fire truck. (Per City Manager Brighton) He wanted to give to the Borough seniors. The Congregate Housing study was for all people in the Peninsula. It is only fair to turn over to citizens of the Borough. It would mean $27,000 to our program. It is one time funding. Councilwoman O'Reilly. The original appropriation was for senior citizens within the central area? Mrs. Porter. Kenai, Soldotna, central Peninsula area. Homer, Seward, Seldovia are not included. Now all centers will profit by the money. Mayor Williams. I will write a letter April 20. Was there any fire truck in addition? Mrs. Porter. It was my understanding KENAI CITY COUNCIL APRIL 19, 1989 PAGE 12 there would be an appropriation for a fire truck in addition. City Manager Brighton talked to Sen. Fischer. D-2 Airport Commission Councilwoman O'Reilly. They had a work session and looked at the airport (terminal) leases. They revised the gift shop only. When the project was approved, equipment purchased was deleted. At the work session we reviewed the lease for the bar. It became apparent the reason there were no bids on the bar and restaurant is because there was no equipment. The Commission requested action from Council to go back and add money for equipment for those 2 facilities. Councilwoman Monfor. Any idea of cost? Councilwoman O'Reilly. $120,000 for both. Airport Manager Ernst. It may be higher since it is not part of the package. Councilwoman Monfor. What happened to the old equipment? Mr. Ernst. It was sold for $12,000. Mayor Williams. Regarding the restaurant. There is concern around town that we may be overdoing ourselves in restaurants. It should be smaller. Councilman Measles. If we are going to put in equipment, let's put in for full service and let the lessee decide. It will not be that much more. Mayor Williams. Direct Administration to prepare bid documents and see what it would cost us? Councilman Measles. Was it bid with equipment? Mr. Ernst. No, we would get a better price if we went out for just those things and get better work. It was part of Arch. Gintoli's original package. MOTION: Councilman Measles moved, seconded by Councilwoman O'Reilly, that Administration prepare the necessary resolution/ordinance to add equipment to the restaurant and lounge at the airport. Motion passed by unanimous consent. D-3 Economic Development Commission None D-4 Harbor Commission None D-5 Library Commission Councilwoman Monfor. There will be a book sale 4-21 & 4-22. D-6 Recreation Commission Mayor Williams. Any costs on the Welcome to Kenai sign? Recreation Director McGillivray replied no. D-7 Planning & Zoning Commission Councilwoman O'Reilly complimented the secretary on the promptness of the minutes. Mayor Williams. The Comprehensive Plan is being reviewed. KENAI CITY COUNCIL APRIL 19, 1989 PAGE 13 D-8 Misc. Comm/Comm Beautification Committee. Councilwoman Swarner. Guf Sherman of Sherman Signs attended the last meeting. They discussed the back of the Welcome to Kenai sign. Public Works Director Kornelis. There will be a report on the sidewalks at the Memorial Pk. at the next meeting. E. MINUTES E-1 Regular Meeting, April 5, 1989 Approved by Consent Agenda. F. CORRESPONDENCE F-1 Sen. Stevens - AK Conference of Mayors Invitation to Pres. Bush F-2 Deputy Assist. to Pres. Bush - AK Conference of Mayors Invitation to Pres. Bush F-3 Unity Trail Committee - Kenai/Soldotna Bike Trail F-4 AK DOT&PF - Sterling Hwy Project Approved by Consent Agenda. G. OLD BUSINESS None H. NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified MOTION: Councilman Measles moved, seconded by Councilman McComsey, to approve the bills as submitted. Motion passed by unanimous consent. H-3 Ord. 1315-89 - Increas. Rev/Appns - Library Books, Donations - $1,800 Approved by Consent Agenda H-4 Games of Chance & Skill - Pioneers of Alaska, #16, Kenai H-5 Games of Chance & Skill - Multiple Sclerosis Society, Anch Councilman Measles. The Multiple Sclerosis Society is from Anchorage, it has pull tabs. Mayor Williams. Small groups are concerned that large groups would inundate them. If they can circumvent the will of the Borough, it will still affect small groups. I would hope we can address this after the Legislative session. I met a gentleman who wanted to have para-mutual betting. It could do a tremendous amount for tourism. No action by Council. H-6 Approval - Vacate Utility Easement - Spruce Grove S/D No action by Council. H-7 Discussion - Lantern Circle a. Re -Naming KENAI CITY COUNCIL APRIL 19, 1989 PAGE 14 b. Paving Councilwoman Monfor expressed appreciation to Public Works Director Kornelis for the information, she will give to the people involved so they will have something concrete. H-8 Discussion - Airport Terminal Lease Completed under Item D-2. H-9 Approval - Lease Application - Gusty S/D #4 (Lot 1, Block 3) - James Doyle Admin. Asst. Howard. They wanted a 5 year lease for trailer vans. This is the corner of Coral and Coho, towards the Vet Center. MOTION: Councilman Measles moved, seconded by Councilman McComsey, to approve the lease application. Motion passed by unanimous consent. I. ADMINISTRATION REPORTS I-1 Mayor Mayor Williams spoke. a. Request for re -appointment of Bob Scott to Economic Development Commission. Council approved by unanimous consent. b. We are $379,398 under engineer's estimate on road projects. We could consider paving small roads, putting into Old Town or work on the Senior Center. Councilwoman Monfor suggested doing the end of Toyon Way. Public Works Director Kornelis. We got a grant, it was put into funds for all roads, it was a small amount. We have no plans at this time. Councilwoman Monfor. I thought we were going to do this, just in front of the townhouses. Mr. Kornelis. We would have to start from scratch. Councilwoman Monfor. It would save the City money on maintenance. Mr. Kornelis. We have done maintenance, but we have not technically accepted the road. Councilwoman O'Reilly. Do we have an estimate? Mr. Kornelis. About $60,000. $16,000 from Roads & Trails money. Councilwoman Swarner. I would like to see Administration bring back information on engineering and information of the cost and would we like to do assessments. Councilwoman Monfor. Regarding Old Town work. Before we do any we should talk to the Visitors & Convention Bureau because they have some specific ideas regarding that. Mayor Williams. They wanted me to mention that they would like to keep improvements to the right side of Main St. and wait till we see how we do with the viewing site grant application. KENAI CITY COUNCIL APRIL 19, 1989 PAGE 15 Mayor Williams. Do we have a short list of projects, such as Camai Circle, the golf course road, Toyon Way, Susiena Lane? Are we covered so none of this money falls back in October? Finance Director Brown. Every one of these projects have some of that money in it. There is $500,000 left. We will spend road money 1st, if any of the jobs get snagged, we would have to reappropriate. Councilman McComsey suggested Public Works Director Kornelis find the trouble spots with lots of maintenance. Mr. Kornelis. We have 2 jobs engineered and ready to go: Old Town and Trading Bay. Councilman McComsey. Any others that take maintenance? Mr. lornelis replied, he will prepare a list. C. He met last week with representatives from Korea and had lunch hosted by Tesoro. This was a promotion of energy products. He expressed his thanks to Tesoro. They hosted the Yukong Ltd. representative. It is the prime energy company in S. Korea, 45% of the energy needs of Korea. He went to Anchorage for a dinner and presented the representative a key to the City. d. I will be traveling for the next 2 weeks. I-2 City Manager None I-3 Attorney Atty. Rogers spoke. a. Councilwoman Swarner. Is the lease signed by Dairy -Queen? Atty. Rogers. No, we are dealing with their attorney regarding changes. We have said we could go with 2 year notice if they vacate. Under the law we cannot leave it vacant and collect rent. b. The status of the Treat Custom Cabinets. We are still gathering information from insurance companies. His representation is that he will level when construction season starts. We are trying to find insurance we can attach to if he does not. C. Councilwoman Swarner. What about Kenai Korners? Atty. Rogers. Notice is still out. I will report at the next couple of meetings. d. Councilman McComsey. Anything on the golf course? Atty. Rogers. No, we brought a motion for attorney's fees because of duplicitous claims. e. We are planning a condemnation for the float plane basin, not dated yet. We own the land. If we lose, we will appeal. They may if we lose. 1-4 City Clerk Clerk Ruotsala reported Student Government Day is May 3. I-5 Finance Director KENAI CITY COUNCIL APRIL 19, 1989 PAGE 16 Finance Director Brown. The budget up -date was distributed. I-6 Public Works Director.Kornelis None I-7 Airport Manager None J. DISCUSSION J-1 Citizens None J-2 Council a. Councilwoman Swarner. Children from Kenai are going to Anchorage for Future Problem Solving. They are giving out Kenai pins. There is a concert Friday night. b. Councilwoman Monfor. Ask Building Inspector Hackney to find out about the trailer and boat across from the mortuary on Spur Hwy. C. Councilwoman Swarner asked if we could take a look at the Quandt property. Mayor Williams. We will leave that with the attorney. K. ADJOURNMENT Meeting adjourned at 10:25 PM. Janet Ruotsala City Clerk E: —z KENAI CITY COUNCIL MINUTES SPECIAL MEETING, APRIL 24, 1989 - 6:30 P.M. Vice Mayor Measles Presiding 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL Present: McComsey, Measles, Monfor, O'Reilly, Smalley, Swarner Absent: Mayor Williams 3. Transfer Area of Responsibility for Economic Impact Study of Oil Spill from Council to Economic Development District and Rescind Funding Request MOTION: Councilwoman Monfor moved to rescind $9500 that was to go to the Economic Development Commission for the Economic Impact Study of the Oil Spill and have the City now become a part of the Kenai Borough Study, seconded by Councilman McComsey VOTE: Motion passed by unanimous consent Note: The following portion of the minutes are verbatim. 4. Discussion: Modifications to Dairy Queen Contract Vice Mayor Measles asked the City Attorney to bring the Council up to date on the contract. City Attorney Rogers: This is the first I've seen of this document, it was sitting in front of my chair when I got down here. I have talked with Mr. Ischi, I have talked with Mr. Ischi's lawyer, Mr. Ischi's lawyer and I agreed that you couldn't vitiate the contract documents to the extent that he had been asking the City to do. I told Mr. Ischi that I didn't care to discuss the matter any further with him as far as negotiating is concerned because we couldn't. And we're prepared to go out and rebid the project. We did indicate that without violating the contract documents that we felt we could work in a penalty provision that said, upon, you know, breach of the lease or vacating or quitting the premises that there would be a penalty equal to two years of the lease. Which would give them some relief. Obviously, from this letter, that is not amenable to him. His attorney didn't get back to me after initially talking with him. I feel very uncomfortable, once you have bid, City property you have a prevailing bid, that all of a sudden somebody wants to come in and renegotiate the terms of it because at some point you step KENAI CITY COUNCIL SPECIAL MEETING - APRIL 24, 1989 PAGE 2 over that line that says you had a public bid of a facility and you now have a negotiated arrangement with one individual and you've heard from other businesses in the community that feel that even as it is under our procedures that the property is going for not enough and we also have had some discussion about changing the rate of return on City property because of those comments that have been made. On the other hand, Mr. Ischi obviously feels that it's too much. But I'm not in a position to negotiate it. Councilwoman Swarner arrived at 6:40 P.M. I've talked with the administration. Mr. Brighton I think will concur with me on the matter. I've had contact with one Council member on the thing, asking what's up. And like I say this, today's the 24th, this is the end of the 23rd and this is the first I've seen of this document. I don't know what Mr. Ischi thought a ten year lease was. The fact that he didn't have an opportunity to obtain legal counsel was perhaps unfortunate. I don't know why, but be that as it may, I don't think a legal education is necessary to ascertain what a ten year lease is that you're responsible for the term of the lease, there are obligations on both sides of legal documents such as that. If the Council wants to acquiesce to this I'll try and draft something along those lines. I will not represent that it'll hold water should it be challenged. Because I think that what he's asking for is to, in effect, initiate the, a major portion or term of the contract documents and if that's the way it's going to go lets rebid it. City Manager may have, we may have some other interest, I don't know, the City Manager may want to address that. Vice Mayor Measles: Was Mr. Ischi wanting to be here tonight? City Attorney Rogers: Just to remind the Council where we're at now on this, the premium is $100 so in effect the lease rate is at the appraised, 6% of the appraised valuation. And, those figures come out in such a manner I think, if you take the building it's about $1.6some cents a square foot and that doesn't include the land that goes with it. Its Spur frontage. I don't know how one calculates in say the acreage that goes with it, put a value on that or not, but, you're looking at about 3,000 square feet I think. City Manager Brighton: He's altering what the Council has established as policy over previous years in that, to require a signing by the person in addition to, in his corporate capacity. And to agree to this would be a moving away from the policy that the Council has followed over these past several years. Secondly, it's a major alteration of bid contracts and it would just appear to me to be simpler to rebid the situation in order to avoid falling in the pitfalls that might be waiting around the corner for us by altering a public advertised bid. KENAI CITY COUNCIL SPECIAL MEETING - APRIL 24, 1989 PAGE 3 Councilman McComsey: That's going to take what, another sixty to ninety days? City Attorney Rogers: Whatever it takes, yes. But I'd rather have that then no recourse. You don't have a lease here. Councilwoman O'Reilly: I think there's probably a couple of unfortunate circumstances that, but I can't see a major alteration without putting it out to bid to other people, it's changing the rules after the fact. I have a problem with that. I think the easiest thing to is to rebid it. (inaudible) City Attorney Rogers: It may very well be that the next time around Mr. Ischi will be the sole bidder and somehow he will get it for less than what it is. However, remember we, it's dictated that we get more value for these and that's dictated, these are FAA lands and so there will be a minimum. Councilman McComsey: In the bid documents it says that if he does not keep his lease and does not make the payments that we will sue him for everything that he has? City Attorney Rogers: No, we'll avail ourselves of legal recourse and he signing as an individual and his obligation is a ten year lease. We're entitled to the rents for a period of ten years. Assuming that after half of that period is passed he defaults on it, then what we would do, we would not be able to sue him at that time for the full amount of the lease. You're not entitled to the remainder of the lease until it's due. So there's five years before you could collect it. Number one. Number two, you're under a legal obligation as land holder to what they call mitigate your damages. We let the premises. So the extent you relet the premises to somebody else that diminishes the amount the defaulting tenant owes you. Conceivably there'd be a net nothing that he owes you because you may rent it for more. If you rent it for less the difference between what you get in rent and what he promised to pay is your measure of damages. So for him to say his obligation is $250,000 is very misleading. Either he totally misunderstands the concept or he wishes, you know, to make that argument because it sounds, you know, outrageous that one would be saddled with that big a debt. I would assume, and the reason that I propose the two year penalty provision to Dale Dolifka and he thought it was a good idea at the time, subject to approval of his client which wasn't forthcoming evidently, was because with a two year period of damages one could assume that you would relet the premises within two years so the two year period becomes a liquidated damages provision in effect. That we would get immediately, okay, and we might make money off that. We might not. It could be that the place is in disrepair, it could be, you know, a number of things could happen. But looking forward at this time it look like a reasonable period for a penalty provision. Also, it was a small enough change to the contract documents that I feel that I could prevail in any KENAI CITY COUNCIL SPECIAL MEETING - APRIL 24, 1989 PAGE 4 challenge in the courts. So it worked to his advantage to limit his outside exposure so he could plan for it as a businessman. It worked to our advantage in that it gave us something should he default on the lease and the place have to go out for another RFP which could take, reasonably speaking, a year. 'Specially if it happened in the winter months. Plus our extra efforts and all the administrative time, we'd have compensation for that. So that's why we proposed that and we only proposed it after he came to us complaining about his exposure on this. We were seeking a means of accommodating him, accommodating the City, get the document signed and get the thing in operations. It's as far as we felt we could legally go. From that point he wanted more. Obviously, from this letter. Which I'm now for the first time reading tonight. Councilman McComsey: It was leased before the two years it would still be the $43,000 or whatever it is? City Attorney Rogers: It would be the two years. That, yes, it would. Councilman McComsey: If in the ten years and you lease it then you're not obligated for the full ten years, just whatever that's in the middle. That's it's leased ..... City Attorney Rogers: No. Yea, if we didn't have the penalty provision in there and let's assume in the fifth year he defaulted on the lease and walked. He's obligated for five more years. Right? However, deduct from that five years, any rents that we get from reletting the place and the court will not allow us to sit on our hands and say we're not going to relet it we're just going to collect the rent every month from this guy and we'll sue him every month or every year. You can't do that. You have to make a reasonable effort to relet the premises. Any rents that you get from that reletting in the fifth year, the other five years hypothetically, go to reduce the indebtedness he has under the lease to us, okay. So that we're not entitled to more than what we originally bargained for, okay. We're not entitled to a windfall. As a result of his misfortune. We're entitled to the benefit of our bargain and that's it. So it could be without the penalty provision, just as the documents are now, that if he walked it's conceivable he turned out getting more than what he would if we had the penalty provision two year penalty provision in there. You follow me? Councilman McComsey: Yes City Attorney Rogers: We don't know looking forward that's why they call them liquidated damages. You set a figure you think will cover the emergencies and contingencies, looking forward, but without knowing that so it may be more, it may be less. And KENAI CITY COUNCIL SPECIAL MEETING - APRIL 24, 1989 PAGE 5 that's what I was discussing with his attorney and, ah, evidently wasn't acceptable. Councilman McComsey: If the rent went higher, than that would just mean he didn't have to pay ... but if the rent went lower he might have to make up the difference. City Attorney Rogers: Exactly. Councilwoman O'Reilly: Maybe you explained this but I didn't get it. Suppose Mr. Ischi agreed to the two year deal that you were talking about last week and suppose he started a business and paid his lease for like eight months and then things went really bad. Is he liable for twelve, sixteen months? Additional? City Attorney Rogers: No, he's liable for two years additional. Councilwoman O'Reilly: Not counting the eight months he's already paid. City Attorney Rogers: He's got the eight months he's paid plus he owes us two years lease rate. From the date of the breach or termination of the lease. Councilwoman O'Reilly: Two years from that date. City Attorney Rogers: That's right. Pete Ischi: I don't know at what point I can put my input in ... Vice Mayor Measles: Yes, go ahead Mr. Ischi. Pete Ischi: 604 Laurel Drive in Kenai. First of all, its kind of misleading what the City Attorney has said. I had sent a letter April 7th to the City Attorney and it wasn't the exact letter. The only clause that's different in this letter is losses. But I've got a copy of the letter that I sent. My wife delivered it to your secretary and ...... (Mr. Ischi walked away from the microphone) I just don't want it to make it sound like a total idiot. Cause I have gone through some of the steps. City Attorney Rogers: Well the additional language you have in this one appears, "nor could they sue us on the unused portion of the ten year lease. Pete Ischi: Correct. I have that on this new ... City Attorney Rogers: Right, that's in this contract and not in the one you gave us. That's a pretty major difference I ..... Pete Ischi: Okay. But I did, I did bring you a letter you have got, I have talked .... City Attorney Rogers: I have one I have talked to you as I KENAI CITY COUNCIL SPECIAL MEETING - APRIL 24, 1989 PAGE 6 indicated to the Council number of times on the telephone, I chose not to after a while because it was getting to be an adversarial situation. Pete Ischi: Anyways the one, the problem that I foresee it sounds really good that if in five years I go broke, that if somebody comes in and leases the building again, that if the rent, I mean if its stays only vacant for six months I may not be liable for any rent. But the problem is the only time I'm going to go broke is if the economy goes down and if the economy goes down, you've seen how hard it is lease the building right now. If the economy goes down more I don't feel you're going to be able to lease that building so that thing could sit vacant for another five years and then I am liable for however many years. I mean it could be eight years, whatever. You know. I don't plan on going broke but I'm trying to cover my other assets. The one thing that I was under the impression when I did put my offer in as I thought you could sign in a corporation capacity. Where my other assets would not be touched. Wouldn't bother me a bit if I didn't have another job or land or anything then I couldn't lose nothing. I've got too much at stake to take this kind of gamble. Now your clause that you talked to Dale about I never agreed to that. Dale, you know said that's up to me strictly, one reason he didn't get back to you is he said you didn't really want to talk, you know you had your mind made up what you wanted. He didn't want to get involved with .... City Attorney Rogers: Excuse me, it's not making up my mind, its what I feel is legally ..... Pete Ischi: Okay, correct, that's what I mean what you felt was legal. But on the two year ... I would not even object to your two year clause but like Marge O'Reilly brought it up, if I were to go broke six months from now the remaining, you know, time, in the sixteen months, I wouldn't object that I'd have to pay that but to pay two years if I only go two years I still have to come up with $45,000 cash you stipulated otherwise you would come back for the full remaining balance on the lease, correct? City Attorney Rogers: That's not correct. Pete Ischi: That's what came across to me. City Attorney Rogers: We would come back for the two years rental. That would be the maximum we could go after you for. Under the terms of the .lease. Pete Ischi: The way Dale had talked to me about it he says if I did not have the cash money, if I defaulted, whatever time, you know, in that period time, that if I didn't have the cash money up front to settle on this two year that you would have the option, he said the City would have the option to come back on me for the full ten year lease, is the way he stated it. KENAI CITY COUNCIL SPECIAL MEETING - APRIL 24, 1989 PAGE 7 City Attorney Rogers: Yes if you did not pay the two years. Pete Ischi: Okay. Okay, if I didn't have $45,000 sitting the bank to pay the City, if I'm going to go broke I'm not going to have any money because I'm going to try to keep the thing alive as long as I can. I wouldn't object, you know I think the City could be covered on this where there'd be a two year clause where I couldn't just go in there and leave. But, I don't know the proper terminology, but where it declines, where if I go six months, if I go a year, then I would have to pay a years', the remaining years' balance. City Attorney Rogers: What happens if you're successful for three years. Pete Ischi: Okay, I don't know if you can write it up that it goes two years and then two years so that you're covered. I'm going to improve the building also, I'm putting money into the place so you're getting something out of it in that respect too. I'm not going in there and trashing the building. I'm not going to sink that kind of money in there. That's not my goal. I don't plan on going broke. I'm trying to cover myself if I do. You know, you don't know what the economy is going to do around here. And you're talking about putting the place up for bid again. Granted, you can do that, but if anybody wants to go in fast food they need the summer months to survive the winter. If they don't get in fairly quick they're not going to make it. People have talked about renting that building to something else or leasing it as something else. That's designed for that food. It would cost somebody so much money to go in there to remodel that building, nobody's going to sink that kind of money into and then be liable for ten years on top of it and they're going to lose two ways around. I've seen where Burger King put $300,000 into remodeling their building. That's what they say. You know, you're not going to get somebody to do that here cause they'll probably go Dairy Queen or something else if they can get the franchise. I'm not out to take the City. I'm trying to make it fair for everybody all the way around. But I feel there's got to be some kind of escape clause in there because I don't have that kind of money laying around where .. I've got too many other assets to lose. Councilman Smalley: Based on information from Council, probably the closest we would feel comfortable with is that two year clause, two years from the point if you were ever to default. Two years from that. If we do anything other than that it seems like we're going against our bid package, our bid proposals. Pete Ischi: But to me that sounds like if you can do that, how can you do that and you couldn't do anything else is my question. I mean isn't that considered a change there too. KENAI CITY COUNCIL SPECIAL MEETING - APRIL 24, 1989 PAGE 8 Councilman Smalley: I guess it depends upon legal counsels interpretation of the change. Pete Ischi: Yes City Attorney Rogers: What I try to do is look at it from the perspective of how far I thought we could go without having some real exposures out of a challenge. That's as far as I feel can go. If you get into a schedule of diminishing liability tied to the duration that the premises was used you have a drafting problem, you have nego... you're into direct negotiations, with this individual who's saying I like this but I don't like that let's change this, and then you are in fact renegotiating the contract. Here, we have changed it by use of a so called penalty clause. Penalty having connotations of good for us bad for them, sort of thing. As opposed, when in fact, you're limiting the liability. You backed off, you're getting less than what you bargained for. Okay. But, I felt, that we could permissibly do that. But what he's suggesting going beyond that, no, we're going to get into bargaining, we're going to get into a schedule situation that has to be drafted in, we're going to be redrafting all through the thing. Vice Mayor Measles: Councilwoman Monfor. Councilwoman Monfor: Just for point of clarification for myself. If, he had to leave the premises because of business and we were in the two year clause he had to pay the two years. Is that a payment that the City demands up front. I mean like the day he says I have to walk out of my lease you say fine, give us a check or is that something that, what kind of time are we talking. City Attorney Rogers: We could have, we could have a, a liability for that and I feel that it would be permissible to say that is his ultimate liability. And not put a time which means we'd have to sue him for it. Councilwoman Monfor: And when we .... City Attorney Rogers: And we'll say his exposure is he agrees that he will pay this, if he doesn't we'll sue him for it. Councilwoman Monfor: And by everything else that we've always done him signing this lease agreement we could go after everything he has, his home, his wages from the other shop ... City Attorney Rogers: Oh yea. Otherwise that prevents the SeaCatch situation. Serendipity Inc. Where, if a person is going to go under the first thing you do is get all the assets out of there so there isn't anything to go after when it does go under. And this City has been stuck that was before as you recall. Councilwoman Monfor: Would we take into consideration the assets KENAI CITY COUNCIL SPECIAL MEETING - APRIL 24, 1989 PAGE 9 that he put back into the business say new equipment or anything else would that be an asset or what would we look at that as. City Attorney Rogers: It depends on whether it's a fixture, trade fixture, or what they call personal property. But the general credit of the individual contracting in the City or with the City is what we have always looked for as security for the City to ensure that people will fulfill their contracts and if they don't that the City doesn't stand to lose. It's unfortunate that anybody does but as between the two parties its my position to see the City comes out ... Vice Mayor Measles: Councilman McComsey. Councilman McComsey: It seems as in the lease, where it talks about what is it a five year .. something in there? City Attorney Rogers: There's a reappraisal at the end of five years. Councilman McComsey: A new appraisal. City Attorney Rogers: Yea. Any, any, under our code any property for lease of lands in access of five years must have the reappraisal. Councilman McComsey: Then after how many years could he opt to buy this. City Attorney Rogers: He can opt to buy it at any time during the first nine years. Councilman McComsey: (Inaudible) City Attorney Rogers: At the then current appraised value. Vice Mayor Measles: Councilwoman O'Reilly. Councilwoman O'Reilly: I would, there's another scenario I would like to run by the attorney. Suppose that Mr. Ischi can come to an agreement on the two year thing, and suppose he operates the business for three years very successfully and then there's a terrible downturn in the economy. Then what's his liability. City Attorney Rogers: Two years. Councilwoman O'Reilly: Two years, so then anything up to the, I see. Councilman Smalley: Two years from the date of default. Vice Mayor Measles: If I understand what Mr. Ischi is asking for really, what it boils down to is a two year lease renewable .. for a period of ten years. KENAI CITY COUNCIL SPECIAL MEETING - APRIL 24, 1989 PAGE 10 Pete Ischi: Well, not really, I guess what I'm, I mean the ten years set I realize that can't be adjusted. I guess what I'm saying is where my liability wouldn't go over two years, you know, my liability, I mean. The lease would still be ten years but the most that anybody could go after me was two years but then if I went six months that it, you know, it wouldn't be two years, it would be less than six months. Vice Mayor Measles: So essentially that would be a two year lease because you could walk out of there only the last day of the second year and have no liability. Pete Ischi: Okay, I have another ... City Manager Brighton: Mr. Chairman, the thing wrong with that is that that puts all of the liability upon the City of Kenai. Whose going to be liable for eight years on that lease. Vice Mayor Measles: I guess the other problem too, the way the bid package is written, and with the past leases that the city has, I don't think we can negotiate that point without putting it out to bid and making all bidders aware that this is an option. It's something that every lease holder that the City has could come back and sue the City if we were to negotiate this point on this lease. Pete Ischi: I have a question, I can understand the legal problems and this, and why would the penalty clause have to be two years if we can set a penalty clause why couldn't we put a lower penalty clause in there. I mean you're adjusting the penalty clause but why fix it at two years which is a heck of a lot of money still, I mean ... City Attorney Rogers: Well, we've taken the penalty clause from 100% being ten years to 20% being two years. Now you want to say 10% or one year. That's up to Council. I just, it almost gets to the point of being diminimus as they call it. In other words relative to what the exposure was originally when you get it down, I thought that two years was, was crowding it. When you get below that I think the, term is diminimus below that and it's almost as if relative to the, ultimate exposure as it was. It's hardly anything. City Manager Brighton: Let me add to what Tim's saying. The less liability you assume the more the taxpayers in the City of Kenai assume on your behalf. City Attorney Rogers: I also don't think, when you get below the two years, I think you, I think the City has some real exposure. Because then we have the facility, relet it, go out with the RFP's, could very well take you more than a year. How long has it been on the market now? Just getting it back, what we went through, what's it been, over two years hasn't it? At the stage KENAI CITY COUNCIL SPECIAL MEETING - APRIL 24, 1989 PAGE 11 where we're at now. So, if that penalty clause gets below two years I say you've got some real exposure. I thought that the two year was as far as I felt we should go, both from changing the bid document standpoint but also as far as having the City shoulder any additional liability. They're shouldering was that change. The liability equivalent to, conceivably, eight years of lease payments. Pete Ischi: You brought up a good point there which I was going to bring up next. You just mentioned that the building's been vacant for two years. You're talking two years of payments is over $60,000 by the time you figure in the taxes that you can generate off of that plus the rent you get. If I don't open the business myself how do you know that it's not going to be another two years that that building will be vacant and you're losing $60,000 again. Now you may rent the place tomorrow but it shows in the last two times you put it up for bid there's not too many people begging for this building. And some of the people in the City I've talked to said let's get the thing rented, it's paid for, the City's already got, the taxpayers are paying for it if it's sitting there. If it's not rented. If it's rented at least some money is coming back into the City. You're guaranteed that you're getting your price that you want per month. I'm not negotiating on that. That's what it's set. He had mentioned well maybe we're too low on that price. Well there again, not too many people have been begging for this building at this low price. So at least your getting, you're going to get money out of the building. It's getting nothing sitting there right now and you can have it sitting there again for another year at least. Councilwoman O'Reilly: But an exchange for that, we could give the situation with our other lease holders. Vice Mayor Measles: I don't think there's anyone would like to see that building rented more than this Council or the Administration but at the same time we have to stay within the guidelines of our bid documents. If we go out on a limb for one lessee we'll be in the court house from now on. City Attorney Rogers: Do I have the Council's permission for the two year penalty proposal? Okay. Vice Mayor Measles: Is Council agreeable to that? Councilwoman Swarner: I have a slight problem with anything that's going to effect any of the other lessees. City Attorney Rogers: The only way I can differentiate here is this is improved property. And it's, therefore it sits in a different situation. Councilwoman Swarner: Is it the only improved property that is airport. KENAI CITY COUNCIL SPECIAL MEETING - APRIL 24, 1989 PAGE 12 City Attorney Rogers: Pardon? Councilwoman Swarner: Is this the only improved property other than the airport. City Attorney Rogers: Of airport lands? I, couldn't say offhand. I think it is. But I think under the circumstances the vacancy, the duration of the vacancy, the rest of it, the fact that we didn't have any other bidders I'd present to a court if it were challenged. Vice Mayor Measles: Could we have a motion. MOTION: Councilwoman Monfor: Okay, I'm going to make this motion but I'm not real sure .. I would move then that we would have the two year penalty clause Vice Mayor Measles: The Council would ... agree to Councilwoman Monfor: If the Council will agree to it and this is not a sliding two years, a full twenty-four months City Attorney Rogers: A full twenty-four month penalty clause upon a breach of the lease as full liquidated damages and that would be the extent of it's exposure under the lease Councilwoman Monfor: Got that Janet? City Clerk Ruotsala: No Councilwoman Monfor: I just said all that. City Attorney Rogers: Or the term of the lease.- You know, if there were damages or something, that would include that. Councilman Smalley: Damages would be additional. City Attorney Rogers: Yea, if there were damages to the structure or something like that, its under the lease too. And, if that's not amenable to you Mr. Ischi, fine, say so, if it is, I'll start working on documents. Pete Ischi: I'm sorry I didn't know. City Attorney Rogers: Okay, that's fine, we'll, we'll start tomorrow then since it's not acceptable to Mr. Ischi we'll start tomorrow to relet the premises, get it in the paper as soon as we can, unless there's somebody waiting in the wings that, you know, we could give that to under the same, the same terms which I don't think we could probably I'd have to research that. Councilwoman Monfor: Does this mean that you're going to relet it under exactly the same terms that Mr. Ischi bid it on? KENAI CITY COUNCIL SPECIAL MEETING - APRIL 24, 1989 PAGE 13 City Attorney Rogers: Not necessarily. We may take a look at it, we, we'd ask Council's input and involvement. Shorter term, longer term ... Councilwoman Monfor: Maybe a shorter term. City Attorney Rogers: We have, we're bound by the appraisal. Councilwoman Monfor: We are bound by the appraisal? Vice Mayor Measles: Yes. Councilman McComsey: Maybe five years instead of ten or something? City Attorney Rogers: Well we could, the problem you get into there is, is its a policy situation. Turning it over like that, the wear and tear of start up and let down and shut down and start up, sometimes that's harder on a facility than to leave it. And, it could very well be that there'll be some other interest. Councilman McComsey: Could it be for five years with an option for another five? City Attorney Rogers: We can do it that way. Vice Mayor Measles: Councilwoman O'Reilly. Councilwoman O'Reilly: Did I understand you to say earlier Tim that the value of the land was not included in the lease? City Attorney Rogers: No no, I was saying, when I figured square footage costs, it came out to $1.63 a foot just based on square footage of the building and a rental $1740, just figuring what one would have to pay for the building lease. It's not necessarily relevant I was just trying to give a comparison of other property in the area. Councilwoman O'Reilly: But if the lease amount is based on 6% of the appraised value ... City Attorney Rogers: Appraisal includes the land. Councilwoman O'Reilly: Includes the land. Councilwoman Monfor: And that's just a recent appraisal so we're right on as far as appraising so if somebody that's across the street comes back again and says well, that's not very much money that's nothing we can do about that can we? Councilman Smalley: Until we change that .. until that is changed KENAI CITY COUNCIL SPECIAL MEETING - APRIL 24, 1989 PAGE 14 Vice Mayor Measles: Change that and it changes for everybody. Councilwoman Monfor: That's just effecting more than one business. That's all of them. City Attorney Rogers: Well give me a call if you've got any suggestions, give me a call and we'll be working on the documents and see where we're going from there. Why don't I just check back with you next Council meeting and see where we're at. Before I put it in the paper. Or do you want me to just go with it. Councilwoman Swarner: Please just go with it. Councilman Smalley: Go with it. Councilwoman Monfor: Now, the one other thing I'd like to ask you before we end this, is there any reason why we can't just sell it. I mean, is there any reason why we can't say for sale instead of for lease. Councilman Smalley: We're obligated to get x amount of dollars out of it ... City Attorney Rogers: We can sell it ... Councilman Smalley: because it's airport lands is that not correct? City Attorney Rogers: ... 'yea but we can sell it. Councilwoman Monfor: But we could sell it. Vice Mayor Measles: Fair market value. City Attorney Rogers: Sure. Councilwoman Monfor: There's nothing stipulated from anything we've gone through in these proceedings that we couldn't sell it. City Attorney Rogers: And anybody coming in on a lease is going to have an option to buy it at any time. You could sign the lease and the next turn around and buy it. Councilman McComsey: Did not one time you tell us that the state had, that the people that had it before had a five year moratorium or whatever that they could come back in and through the state and buy this back. City Attorney Rogers: I don't recall that conversation. Councilwoman Monfor: See I briefly recall something like that too, that, Councilman McComsey: I got it somewhere, the state had it for KENAI CITY COUNCIL SPECIAL MEETING - APRIL 24, 1989 PAGE 15 five years ... Councilwoman Monfor: And that's why I asked if it could be for sale. City Attorney Rogers: I'm not aware of that, we'll take a look at the litigation report and see what it shows. Vice Mayor Measles: Any further discussion Council. Meeting adjourned at 7:15 P.M. Janet Ruotsala CMC, City Clerk Janet A. Loper Transcribing Secretary April 28, 1989 City of Kenai 210 Fidalgo Kenai, AK 99611 RE: Kenai Dairy Queen Dear Mr. Rogers We had discussed at the City Council meeting, Monday April 24, 1989 about a 2 year penalty clause with payments, if we should default during the 10 year lease, and we elected not to take this option. After further consideration we would like to lease the Kenai Dairy Queen building and land, if the option is still open to us. Please contact me Friday, April 28, 1989 by phone if we can still be considered, as we would like to finalize this as soon as possible. Si erely, Val Ischi 604 Laurel Dr. Kenai, Ak 99611 283-3535 283-4304 (Val's work) 1791-1991 CITY OF KENAI " Od Ca pi�al q 4iad� 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283.7535 FAX 907.263.3014 April 25, 1989 CERTIFIED MAIL NO. P-764-072-639 Pete and Val Ischi 604 Laurel Drive Kenai, Alaska 99611 RE: Former Dairy Queen RFP Mr. Ischi: As a result of your inability to obtain requested changes in the bid documents from the Kenai City Council last night and your verbal representation on the record that you did not wish to proceed with your lease of the Dairy Queen facility, I am writing this letter for purposes of clarification and as a written substantiation of your declining to proceed with the bid documents as written or as they could have been modified through authorization given by the Council last night. Please be advised that it is our intention to proceed with other alternate arrangements for the disposition of that property forthwith. Furthermore, please be advised of the fact of your forfeiture of the $2,000 deposited for faithful performance and execution of the bid documents which you have already indicated you will not be signing. Should you have any other comments directed to this office, please keep your communications in written form so that there will be no misunderstanding as to our relative positions and so that there will be a written record of exactly what transpires between us. Sincerely, C OF KENAT J. gers City Attorney TJR/clf PS Form 3800, June 1985 o OM (yyD C 2 In �n M o ° 7r7 Ip p o 10 a m a �0 m a �n n A z G as j a N T N ..► o a ` nA 1 M m n m zi 0 oT � Er Cb ZO CD Z m M C 30T20 -%j ID :g v M M, C) N � m s9 a < m 1! a SENDER: Complete items 1 end 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. T r r c t r vi of h r on delivered to and the date of_deiiverw. Fore r a sea o are s. Consult postmaster Tor fees and Cn&CKax as for additional service(s) requested. 1. 0 Show to whom delivered, date, and addressee's address. 2. 0 Restricted Delivery (Fxrro charge) (Extra charge) 3. Article Addressed to: 4. Article Number 119ftc v Al ! T,�clu' Ar 0• 74 -/-&7.Z - 4,-T 6p�ci'�� ,vide Type of Service: ❑ Registered ❑Insured 2827282 Certified ❑COO ❑ Express Mail ❑ Return Receipt for Merchandise rL� ^P Always obtain signatur ressee r1 iL R 19 or agent and DAT Y 0. 5. a Addre s o t i i +f,`� - 8. Addressee' rose ( Y X C AC QFPp requested a�l+d^1 6. Signatur — gent T Ah 1z X 7. Date of Delivery PS Form 3811. Mar. 1989 • U.S.QP.O. 1988-212-865 DOMESTIC RETURN RECEIPT COUNCIL MEETING OF COUNCIL MEETING OF S - 3- �-� 'V�- 10"� AGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 3, 1989 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Welcome to Students 3. Roll Call a. Students b. Council 4. Agenda Approval 5. 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. 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 a. Welcome to Kenai Sign E. MINUTES 1. *Regular Meeting, April 19, 1989 2. *Special Meeting, April 24, 1989 H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 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. AEC.F,55 1791-1"I CITY OF KENAI Caul 4 4i„ 210 FIWJLLOO KENAI, ALASKA "S11 TELEPHONE 283.7535 FAX 907-283-3014 May 2, 1989 TO: All Concerned X.Q. FROM: Janet Ruotsala "� City Clerk RE: Student Government Day Wednesday, May 3, 1989 will be Student Government Day for Kenai Central High School and the City of Kenai. As has been done in the past, the students will be meeting with Mayor Williams at 10:00 AM for an overview of City government and specific department responsibilities. The students will have a tour of City facilities, lunch with the Chamber of Commerce, and Dept. heads will have some time to explain to their student counterparts about their department. The Council, City Manager, Attorney and Clerk will meet with their student counterparts before the regular Council meeting for a short overview. The students will handle a shortened agenda, after which the regular Council meeting will commence. List of student representatives and agenda is attached. jr AGENDA STUDENT GOVERNMENT DAY MAY 3, 1989 10:30 AM Students meet at Kenai Library, welcome by Mayor Williams Tour of City facilities 11:30 AM Students to Mr. D's as guests of Chamber of Commerce 1:00 PM Students meet with designated department heads 2:00 PM Students return to KCHS 6:00 PM Students, Mayor, City Manager, Attorney, Clerk meet in Chambers for dress rehearsal of Council meeting. 7:00 PM Student representatives for Council conduct shortened meeting. TOUR 1. City Hall 2. Police Dept. 3. Fire Dept. 4. Airport 5. Shops 6. Animal Control Shelter 7. Library 8. Recreation Center 9. Senior Center 10. Sewer Treatment Plant ,> Ludent Government Day Pl a _ iione :*-:;rp.a it `,•,ii;i .n iul.J a,r k': • 'Od. Mayor 1) City Manager (1) CitU Attorney Tassi to r i' �'�1t; t uiidret! E'�s Lri a L:art!?r City Clerk (1) Airuort Manager 1) Fire Chief (1) Jenny JolIy Mateo Marisa; Eugene Fowler Animal Control Officer (1) Water and Sewer Foreman (1,1 Terry-Puban'r Finance Director (1) Path ;_i':FhQ Public Worms Director (1) Steve "c.5r'a119nda Librarian (1) Police Chief ( 1) aron bee Kellu Swearinaen Parks & Recreation Director (1) Michelle Snalley City Council (6) Curtis Bernu ,ri G i a n k e Todd Parsons Jason Huff Lisa int;es Duke Hanson Senior Citizens Director (1) Cam,en Hat:•ieid -t-iE2 C J ' i 1-+ E . �►a L �. s� �• 1�t� r•� �.� ` `tom'. INFO ITEMS MAY 1, 1989 1. Kenai Borough Agenda, 4-18-89 2. TO DO List - 4-18-89 3. TO DO List - 4-19-89 4. TO DO List - 4-24-89 5. Kenai Peninsula Non -Profit Assn. Meeting - 5-1-89 6. Kenai Borough Minutes - 3-21-89 7. Comm/Comm Application - Gordon Sledge 8. Pull Tab Information - Alaska Families United, Parents United 9. Pull Tab Information - Alaska Coalition to Prevent Shoplifting 10. Resource Development Council Newsletter - April 1989 11. Kenai Borough Minutes - 4-4-89 12. Kenai Borough Agenda - 5-2-89 13. FAA Letter - Airport Drainage Study 14. Billing - Airport Terminal Renovation - G&S Const. - $541,086 15. Transfers Under $1,000 - April 1989 16. Public Works Director Kornelis Memo - Trailer & Boat on Spur jr �)� Suggested by: Librarian City of Kenai ORDINANCE NO. 1315-89- AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,800, IN THE GENERAL FUND FOR LIBRARY BOOKS. WHEREAS, the City has received approximately $1,500 as library donations and for lost and damaged books that has not been appropriated, and WHEREAS, the City expects to receive an additional $300 in this category through June 30, 1989, and WHEREAS, the Librarian has asked that this money be appropriated for the purchase of books. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Library Donations $1,800 Increase Appropriations: Library Books $1,800 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of May, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: April 19, 1989 Second Reading: May 3, 1989 Effective Date: May 3, 1989 Approved by Finance: (4/14/89) Suggested by: Administration RESOLUTION NO. 89-36 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING PARTICIPATION IN THE STATE OF ALASKA DAY CARE ASSISTANCE PROGRAM PURSUANT TO AS 44.47.250-310. WHEREAS, AS 44.47.250-310 authorizes municipalities or other organizations to contract with the State of Alaska for the implementation and administration of a program to assist in providing child care for the children of low and moderate income families; and WHEREAS, the City of Kenai wishes to provide a Day Care Assistance Program in our community; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that Wm. J. Brighton, City Manager, is hereby authorized to apply to the Department of Community and Regional Affairs for funds to assist in providing child care for children of low and moderate income families in our community. The above named person is also authorized to execute a contract with the Department to implement and administer said program and is also authorized to execute any subsequent amendments to said contract to provide for increases or decreases in the program funds committed to our community, based upon program needs in our community and those of other communities throughout the State of Alaska. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of May, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk C —-�; Suggested by: Administration RESOLUTION NO. 89-37 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASRA, SETTING THE PERCENTAGE OF FAIR MARKET VALUE TO BE USED IN ORDER TO DERIVE A FAIR RETURN ON LEASE OF CITY LANDS. WHEREAS, RMC 21.10.130 (a) (2) states that the percentage of fair market value to derive a fair return on lands to be leased by the City shall be set annually in May by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASRA, that the rental rates to be set on any City lands to be leased after the effective date of this resolution shall be 6% of appraised fair market value as established by a qualified independent appraiser. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASRA, this 3rd day of May, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Suggested by: Administration CITY OF KENAI RESOLUTION NO. 89-38 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR ENGINEERING DESIGN REVIEW, PROJECT CONSTRUCTION MANAGEMENT, COORDINATION, QUALITY CONTROL, SURVEYING, TESTING, QUANTITY COMPUTATIONS AND INSPECTION SERVICES TO WINCE, CORTHELL, & BRYSON FOR THE PROJECT ENTITLED LINWOOD LANE, CANDLELIGHT DRIVE, KAKNU WAY, LAWTON DR., BAKER STREET, & KIANA LANE, PHASE II - 1988 STREET IMPROVEMENTS FOR A NOT -TO -EXCEED AMOUNT OF $57,760. WHEREAS, the City of Kenai received the attached proposal from Wince, Corthell, & Bryson for this work; and WHEREAS, the award includes a design review, project construction management, coordination, quality control, surveying, testing, quantity computations, and inspection services; and WHEREAS, sufficient funds are appropriated; and WHEREAS, the Kenai City Council feels that it is in the best interest of the City of Kenai to award this contract to Wince, Corthell, & Bryson. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded for Engineering Design Review, Project Construction Management, Coordination, Quality Control, Surveying, Testing, Quantity Computations, and Inspection Services to Wince, Corthell, & Bryson for the project entitled Linwood Lane, Candlelight Drive, Kaknu Way, Lawton Dr., Baker Street, & Kiana Lane Phase II - 1988 Street Improvements for a not to exceed amount of $57,760. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of May, 1989. JOHN WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: !'-v Written by Public Works: WI_BRYSON CONSULTING ENGINEERS P.O. 0N0X 1041, NENAI, AK. March 22, 1989 City of Kenai 210 FidaIgo Street Kenai, Alaska 99611 Attn: Jack Lashot, P.E. Subject: Proposal for Construction Management Services 1988 Street Improvements - L.A.C.K. Paving. In accordance with your verbal request, we herewith submit this Proposal to provide Inspection, Surveying, Quality Control Testing, ano Project Management Services for the Subject Project. We propose to utilize the following Subcontractors in providing the services required as part of this Contract: Surveying Integrity Surveys Testing McLane'--, and Assoc. It is our intention to have Mark Blanning and Casey Madden provide the Inspection and Project Management Services as Contractors activities dictate. We estimate that the following Engineering Services will be necessary to adequately inspect the Subject Project: Engr V 300 hrs Mark Blanning P.E. Engr \/I 80 hrs Casey Madden P.E. Engr VII 40 hrs Philip Bryson P.E. Typing 40 hrs Drafting 30 hrs PHASE INSPECTION TESTING SURVEYING TOTAL Base Bid $23,850 $5,600 $19,990 $49,440 Alt. A 3,000 1,000 4,320 8,320 Total $57,760 We propose to provide the above services for the Subject Project, being Bid during the Spring of 1989, in an amount not to exceed the total of the Basic Cost plus Alternates for those I options determined by the Council to be in the best interests of the City. We propose to provide these Services in accordance with our, Standard List of Rates and Charges, a copy of which is attached. If you have any questions, earliest convenience. Very Truly Yours please contact our Office at your WINCE-CORTHELL-BRYSON CONSULTING ENGINEERS BOX 1041 Kenai, Alaska 99611 L.A.C.K. Paving Project SCHEDULE OF RATES AND CHARGES FOR ENGINEERING SERVICES EFFECTIVE JANUARY 1, 1989 PERSONNEL TYPE RATES PER HOUR Engineer VII $75.00 Engineer VI 65~00 Engineer V 50.00 Draftsman or CAD Operator 35.00 Typist (Reports and Specifications Only) 32.00 Computer -Aided Drafting (In addition to Operator) $15.00 SUBCONSULTANTS 8ubconsultants in the fields of Surveying, Materials Testing, etc. shall be cnarged at their billing rates plus 10 % ADDITIONAL CHARGES 1. Automobile travel at the rate of $0.35 per mile travelled. 2. Actual cost of airlines, charter, train, bus or cab fare or - auto rental. 3~ Actual cost of subsistence and lodging. 4. Actual cost of long-distance telephone calls, telegrams, freight, express charges and postage other than ordinary first class. 5. Actual cost of materials required for the Job and used in surveying. 6. Actual cost of special tests and services for special Consultants. 7. Blueline copies at $0.35 per S.F. Xerox copies at $0.10 per Sht. Mylar copies at $3.00 per S.F. To the total amount of Items 2 through 6 above, an amount of ten percent (10%) shall be added for administration and overhead costs. Engineering classifications shown correspond to ASCE grades 3 - Suggested by: Administration CITY OF KENAI RESOLUTION NO. 89-39 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO WINCE, CORTHELL, BRYSAN FOR PROJECT CONSTRUCTION MANAGEMENT, COORDINATION, AND INSPECTION SERVICES FOR A NOT -TO - EXCEED AMOUNT OF $29 , 800 AND TO MCL NE & ASSOCI. TES FOR PROJECT DESIGN REVIEW, SURVEYING, QUANTITY COMPUTATIONS, QUALITY CONTROL AND TF..VING FOR A NOT -TO -EXCEED AMOUNT OF $34,308 FOR THE PROJECT ENT IL D VIP SUIVSION STREET I1PR4VEMElITS . WHEREAS, the City of Kenai received the attached proposals from Wince, Corthell, Bryson and McLane and Associates for this work; and WHEREAS, the award includes design review, project construction management, coordination, quality control, surveying, testing, quantity computations, and inspection services; and WHEREAS, sufficient funds are appropriated; and WHEREAS, the Kenai City Council feels that it is in the best interest of the City of Kenai to award this contract to Wince, Corthell, Bryson and McLane and Associates. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded to Wince, Corthell, Bryson for Project Construction Management, Coordination, and Inspection Services for a not -to -exceed amount of $29,800 and to McLane & Associates for Project Design Review, Surveying, Quantity Computations, Quality Control, and Testing for a not -to -exceed amount of $34,308. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of May, 1989. JOHN WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: -f-9W-qz Written by Public Works: 0 II L.A l� 4 CIA71M PROFESSIONAL ENGINEERS, SURVEYORS & PLANNERS April �'-430 { 1 12-1 - W-1 'R��h N&A 89-4007B Mr. 1\*(-)rnE lis, Director Public- �,orks Department Ire, City- c>t FiNna.i �/ 210 F icla ll oo St. Kenai, Alaska 99611 _. Re: VIP SUBDIVISION STREET IMPROVEMENTS CONSTRUCTION PHASE CONSULTANT SERVICES i( x Soy✓ low Dear heit',: McLane and :\ssociatF_s is requesting that the City of Kenai consider i jo int proposal from our firm and Nince Corthel Bryson to provide consultant services on the above mentioned project. We have reviewed anticipated work loads and schedules for both firms in the upcoming construction season. A joint effort will provide projecu staffing by well qualified local personnel who have permanent positions with the firms. Specific_ services are as follows: [Vince Corthel Bryson: Contract Administration Construction Inspection McLane and Associates: Construction Surveying and Quantity Computations Quality Control and Material Testing The City will be required to execute two contracts for services on the project utilizing this method. Benefits to the City include elimination of the normal cost plus percentage Iiranner of charging for ,ubc:ont.ract services and that each firm will provide the required liability insurance resulting in twice the coverage for professional liabilty. We feel that this is a cost effective approach for the project. A few years back, street improvements in Valhalla subdivision were done this way with satisfactory results For the City. P.O. BOX 4 8 SOLOOTNA, AK 99E69 907-2B3-421 e Page 2 VIP Subdivision Street Imp. Detailed from each firm are attached. Manpower requirements, i:ev personnel and cost estimates are shown. Should _-nti ',ave any questions on the concept or the individual proposals, )Jease contact Sam McLane at 283-4218 or Phil Bryson at 283--1672. Thankyou for the opportunity to submit this proposal. Sincerely, ycLan and Associates S. A. McLane encl WINCE-CORTHELL-ERYSON CONSULTING ENGINEERS BOX 1041 Kenai, Alaska 99611 V.I.P. Earthwork and Paving Project SCHEDULE OF RATES AND CHARGES FOR ENGINEERING SERVICES EFFECTIVE JANUARY 1, 1989 PERSONNEL TYPE RATES PER HOUR Engineer VII $75.0C-) Engineer VI 65.00 Engineer V 50.00 Draftsman or CAD Operator 35.00 Typist (Reports and Specifications Only) 32.00 Computer -Aided Drafting (In addition to Operator) $15.00 SUBCONSULTANTS Subconsultants shall be charged at their billing rates plus 10 % ADDITIONAL CHARGES 1. Automobile travel at the rate of $0. 35 per mile travelled. E. Actual cost of airlines, charter, train, bus or cab fare or auto rental. 3. Actual cost of subsistence and lodging. 4. Actual cost of long-distance telephone calls, telegrams, freight, express charges and postage other than ordinary first class. 5. Actual cast of special tests and services for special consultants. 6. Bl uel ine copies at $0. 35 per S. F. Xerox copies at $0.10 per Sht. Mylar copies at $3. 00 per S. F. To the total amount of Items. 0 through 6 above, an amount of ter, percent (10%) shall be added for administration and overhead costs. Engineering classifications shown correspond to ASCE grades 3 We propose to provide the above services for the Subject Project, being Bid during the Spring of 1989, in an amount not to exceed the total of the Basic Cost plus Alternates for those options determined oy the Council to be in the best interests of the City. We propose to provide these Services in accordance with our Standard List of Rates and Charges~ a copy of which is attached. If you have any questions, please contact our Office at your earliest convenience. Very Truly Yours INS,'- - Philip W. Bryson� P'E. Encl: 1989 Rates and Charges 2 W% CONSULTING G8N13INEERS P.D. BOX 1048, KENAI, AK. April 13, 1989 City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Attn: Jack Lashot, P.E. Subject: Proposal for Construction Management Services 1988 Street lmorovements - V.I.P. Earthwork and Paving We have been requested by the Project Design firm, McLane and Associates, to submit a Joint proposal with them for the Subject Project in which we would provide Management and Inspection Services, and McLanes would provide Survey, Materials Testing, Volume Determinations, Pre -construction Work with Utility Owners, and Final Record Drawings. This work, in the Standard City Inspection Contract, corresponds to McLanes generally providing Section 3.05, and W.C.B. the remainder of the -requested services. It is our intention to have Mark Blanning and Casey Madden provide the Inspection and Project Management Services as Contractor activities dictate. We estimate that the following Engineering Services will be necessary to adequately inspect the Subject Project: Engr \/ 300 hrs Emgr VI 100 hrs Emgr VII 40 hrs Typing 10 hrs Mark Blanning P.E. Case)/ Madden P.E. Philip Bryson P.E. We further estimate that the above listed services will have costs distributed as follows: PHASE COST Base Bid $21,300 Alt. 1 3,000 Alt. 2 4,000 Alt. 3 500 Alt. 4 1,000 1 O Mo A A CIATtEG M&A 89-4007C PROFESSIONAL e-JUNEERS, SURVEYORS & PLANNERS Proposal for Consultant Services on VIP SUBDIVISION STREET IMPROVEMTS Construction Survevinq* Tasks: A) Clearing Limits B) Slope Stakes C) Excavation Cross Sections D) Grade Stakes (Type III) E) Subbase Stakes (Type I) F) Finish Stakes (D-1.) Anticipated crew hours required: CF3 Three man crew 70 firs CF2 Two man crew 140 firs CF1 One man crew 3 firs * AS 36.05.30 prevailing wage rates apply Quantity Computations Tasks: A) original ground sections B) Excavation volume by neat line template C) Excavation volume by after ex cross section Anticipated personnel hours required: CT computer technician 42 firs Micro -computer** 30 firs ** Computer system time charged only when used with Pacsoft ESP 200 engineering software. Quality Control and Materials Testing soils: U9 ASTM D 155 Compaction Standard Ul ASTM C 136 Combined Sieve Analysis U33 ASTM D 2922 Field Compaction (nuclear) U4 ATM T-4 Fracture Count P.O. BOX 468 SOLOOTNA. AK 99669 907-283-4216 Page 2 VIP Subdivision Asphalt: UA2 ASTM D 2172 UA15 ASTM D 4125 UA4 ASTM D 1559 UA7 ASTM D 2950 UA9 ASTM D 3549 Kev Personnel Project administration: Construction Surveying: Quantity Computations: QC & Material Testing: Estimated Cost Bitumin Content Bitumin Content (nuclear) Marshall Series Densitv of Bit. Paving (nuclear) Thickness (coring) Sam McLane Stanley S. McLane, PLS Glenn E. Tinker, PLS Michael Johnson Mary Toll McLane and Associates will provide the personnel and equipment necessary to accomplish the above described tasks for a fee not to exceed $ 34,308.00. Personnel time and material testing will be charged in accordance with the attached rate s_hedule. McLane n, Associates By: I" Ow-ktlnw. Date: AIJ401 Technical Personnel, Survey Crew & Specialized Equipment,_ Fee Schedules, BF]TIYB 1ih189 Straight Time Overtime Description Per Hour Per Hour TECHNICAL PERSONNEL SURVEY FIELD CREWS, STANDARD Straight Overtime INCLUDES $TAND,ARD EQUIPMENT Crew Man Crew Man SURVEY FIELD CREWS, TITLE 36* (*When Applicable) Straight Overtime INCLUDES STANDARD EQUIPMENT Crew Man Crew Man Field Crew. 1-Person (CF1. CFO1) 55.00 73.00 MICRO -COMPUTERS Engineering,/Drafting Applications 12.50 per Hour SUPPLEMENTARY INFORMATION The hourly rates are portal to portal from McLane and Associates, located at Mile 3.5 Kenai Spur Highway. Standard equipment shall be defined as all necessary Field Crew items including theodolites, electronic measuring equipment, auto -levels and Mobile FM'Radios. Other available equipment not included in these hourly rates are listed on the Specialized Equipment lee Schedule. Transportation and subsistance while away from Kenai when not provided by the client, are billed at the actual cost plus ten percent (10%) overhead. The above rates are in accordance with the Department of Labor requirements as per A3 .36.05.010 and AS 36.05.030. Above rates include insurance coverage with limits of General Liability to $500,000.00. .�► and Professional Liability to $250,000.00. Certificate of Insurance provided upon request p Picric ..Tr' lvoucp Ge57- ?`' 3Soo n � Coe To $Oo�o0o Fv.e �z YEi4Q 2V0 /.v5.ii! P.O. BOX 46® B0L00F NA. AK 639ES69 907-263-4216 McLane and Associates Laboratory Fee Schedule (effective 111/89) LABORATORY & FIELD TEST METHODS FOR SOILS PRICE APPLICABLE TEST DESCRIPTION UNIT CODE STANDARDS PRICE U1 ASTM C-136 Combined Coarse and Fine Sieve 1 69.00 each D-1140 Analysis, washed C-117 U2 ASTM D-422 Coarse Sieve Analysis, unwashed 48.00 each U3 ATM T-4 Fracture Count, plus 14 Sieve 28.00 each Material U4 ATM T-4 Fracture Count, plus 110 Sieve 39.00 each Material U5 ASTM D-422 Hydrometer (30 ■in. frost class.) 58.00 each U6 ASTM D-422 Hydrometer (full 24 hour readings) 65.00 each U7 ASTM D-2487 Visual Sail Class., Sample Grouping, 12.50 each D-2488 Moisture Content, Dry Strength D-2216 U8 ASTM D-2216 Moisture Content only 7.01 each U9 ASTM C-127 Specific Gravity & Absorption 45.00 each (Coarse Aggregate) Ull ASTM C-128 Specific Gravity & Absorption 100.00 each (Fine Aggregate) U12 ASTM D-4318 Liquid Limit, Plastic Limit, 60.06 each AASHTO T96-81 Plasticity Index U13 ASTM D-2974 Organic Content of Soil by Loss on 50.00 each Ignition U14 ATM T-13 Degradation of Aggregates 175.00 each U35 ASTM D-1557 Compaction Standard (Moisture- 245.00 each Density Relationship of Soils & Soil Aggregate Mixtures) U38 ASTM D-2922 Field Compaction Test (by Nuclear 45.00 each D-2167 Densometer, Rubber Balloon or Sand D-1556 Cone Methods) First Density U39 ASTM D-2922 Field Compaction Test (by Nuclear 25.00 each D-2167 Densometer, Rubber Balloon or Sand D-1556 Cone Methods) AWL Densities, same trip NOR ASTM D-2922 Nuclear Densometer Rental (in addition 14.09 hour to technician time) McLane and Associates Laboratory Fee Schedule (effective 1/1/89) ASPHALT QUALITY CONTROL PRICE APPLICABLE TEST DESCRIPTION UNIT CODE STANDARDS PRICE UA1 ASTM D-1559 Bituminous Mix Design by Marshall $1,750.08 each Method UA2 ASTM D-2172 Bitumen Content Centrifuge Extrac- 150.90 each (Method A) tion w/Gradation & Ash Correction UA3 ASTM D-2172 Bitumen Content Reflux Extraction 148.00 each (Method B) w/Gradation & Ash Correction UA15 ASTM D-4125 Bitumen Content Nuclear Gauge IN.00 each Vith Gradation 150.09 each UA4 ASTM D-1559 Marshall Maximum Density, Stability, 148.00 each Flov & Voids (3 lab compacted spec.) UA5 ATM T-14 Coating & Stripping of Bitumen- 190.00 each Aggregate Mixtures UA6 ASTM D-3549 Thickness It Density of Compacted 64.09 each Bituminous Pavement by Coring Method (first test) UA6A ASTM D-3549 Thickness & Density of Compacted 35.09 each Bituminous Pavement by Coring Method WWI. tests, same trip) UA7 ASTM D-2950 Density of Bituminous Pavement In place 45.00 each by the Nuclear Method (first trip) UAB ASTM D-2950 Density of Bituminous Pavement in place 25.80 each by the Nuclear method WWI. tests, same trip) UA9 ASTM D-3549 Thickness of Bituminous Pavement, Coring 12.00 inch McLane and Associates Laboratory Fee Schedule (effective 1/1/89) CONCRETE QUALITY CONTROL PRICE APPLICABLE TEST DESCRIPTION UNIT CODE STANDARDS PRICE UC1 ASTM C-31 Field Cast 3 Cylinders, Test 1 f 65.08 C-143 Slump, 1 Air Content C-173 UC2 ASTH C-31 Field Cast 3 Cylinders only 45.00 UC3 ASTH C-143 Additional Slump Test 15.00 each UC4 ASTH C-173 Additional Air Content 15.90 each UC5 ASTH C-31 Extra Control Cylinders 15.90 each UC6 ASTH C-138 Field Yield or Unit Weight 20.00 each UC7 ASTH C-39 Cure 6 Test Compressive Strength 18.50 each of Cylinders, Cubes, Prisms or Cores UC8 ASTH C-42 Concrete Coring (in addition to 12.00 inch technician time) UC9 ASTH Various Concrete Nix Design (billed on Time & T A M Materials and Unit Price combined) Laboratory hours are 8:66 AM to 5:00 PM Monday through Friday. Overtime testing , field or laboratory tests performend outside regular hours or on veekends Mill be billed at 1.25 times the regular rate. Additional test ■entods not listed in this fee schedule vill be billed on a Time and Materials basis. enN i Suggested by: Administration CITY OF KENAI RESOLUTION NO. 89-40 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR ENGINEERING DESIGN REVIEW, PROJECT CONSTRUCTION MANAGEMENT, COORDINATION, QUALITY CONTROL, SURVEYING, TESTING, QUANTITY COMPUTATIONS AND INSPECTION SERVICES TO MIKE TAURIAINEN FOR THE PROJECT ENTITLED E. ALIAK AND HIGHBUSH STREET IMPROVEMENTS FOR A NOT -TO -EXCEED AMOUNT OF $20,684. WHEREAS, the City of Kenai received the attached proposal from Mike Tauriainen for this work; and WHEREAS, the award includes a design review, project construction management, coordination, quality control, surveying, testing, quantity computations, and inspection services; and WHEREAS, sufficient funds are appropriated; and WHEREAS, the Kenai City Council feels that it is in the best interest of the City of Kenai to award this contract to Mike Tauriainen. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded for Engineering Design Review, Project Construction Management, Coordination, Quality Control, Surveying, Testing, Quantity Computations, and Inspection Services to Mike Tauriainen for the project entitled E. Aliak and Highbush Street Improvements, for a not to exceed amount of $20,684. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of May, 1989. JOHN WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: Written by Public Works: MSOLOOTNA, ALASKA 6 QNSULTINJU ENGI 262` O April 27, 1989 Keith Kornelis Director, Public Works City of Kenai P.O. Box 580 Kenai, AK 99669 Subject: East Aliak & Highbush Street Improvements, Proposal Construction Administration and Project Surveying Kei th : We appreciate the opportunity to submit this proposal to provide complete Construction Administration services for the referenced project. We propose to provide all inspection, coordination, quantity computations, testing, field engineering and surveying on a time and expense basis, to complete this project. Northern Test Lab will provide all testing services and Mike Swan will provide a portion of the project surveying. Survey work that requires a level or transit instrument will be paid at the current State of Alaska Title 36 pay rates. Other related work that is typically accomplished using a hand level or cloth tape, will be paid at our normal charge out rate of $87/hr for a two man crew or at $43/hr if the task can be handled by the project inspector. We anticipate that approaches and any water and sewer service locations will be staked by the inspector. Any licensed survey work will be done by Mike Swan, R.L.S. and is included in the fee summary. We have included costs for Project Engineering involving interpretation of the Construction Documents and other items requiring additional technical knowledge. We have attempted to keep Engineer time to a minimum by providing an experienced field engineer who will be able to handle day to day construction related issues. We anticipate a site visit at least once per week by the Project Engineer resulting in approximately 2 hours per week during construction. The estimated fee is based on a project length of 25, 10-hour, work days per discussion with contractor and our evaluation of the probable schedule. The contract allows for a longer contract time and if the contractor takes more than the foregoing estimates the cost could be more. The project inspector will be Henry Knackstedt, an experienced design and field engineer who is knowledgeable in overall construction including road projects. Because the majority of this street project deals with grading, excavation, and paving, his field engineering and soils experience will prove valuable. Mr. Knackstedt was field engineer on the 1986 Juliussen, Angler Streets Project. Our estimated Construction Administration fee is $20,684 and would be billed on a time and expense basis in accordance with the attached Project Fee Summary and fee scheduled. We are available to negotiate this proposal with you in detail. Sincerely, r Mike Tauriainen 16c:aliak.pro Attachment EAST ALIAR AND HIGHBUSH STREET IMPROVEMENTS PROJECT FEE SUMMARY Full Time Inspector 260 hours Project Engineer 12 hours Secretary 10 hours Draftsman 8 hours Surveying Stake/X Sec. Street 24 hours Establish Control 3 hours Post Excavation X-Sec+Red Top 20 hours Post Backf ill X-Sec+Blue Top 12 hours Tasting Proctors (D-1 + Borrow) Wash Gradations *Density Test *2nd Density Test Asphalt Extractions TOTAL 2 4 5 15 3 $43.00 $65.00 $28.00 $33.00 $110.00 $110.00 $110.00 $110.00 $240.00 $ 60.00 $ 35.00 $ 25.00 $140.00 $ 11,180 780 280 264 $ 12,504 $ 2,640 330 2,200 1,320 $ 6,490 $ 480 240 175 375 420 $ 1,450 $ 20,684 *Nuclear Densometer may be on a daily rental basis ($55/day) , whichever is more cost effective. M SOLOOTN4. 4L4SK4 7) aea-� a City of Kenai East Aliak & Highbush PERSONNEL FEE SCHEDULE Effective April 27, 1989 LtslSaryi Principal Engineer $75/hr. Engineer I 65/hr. Engineer II 55/hr. Engineer III 48/hr. Engineer IV 43/hr. Technician I 48/hr. Technician II 40/hr. Technician III 33/hr. Technician Iv 25/hr. Draftsman I 33/hr. Draftsman II 25/hr. Secretary I 28/hr. Secretary II 22/hr. Computer 20/hr. 2 Man Field Crew 87/hr. 2 Man Crew 110/hr. 3 Man Crew 130/hr. z Travel in company vehicles at $ .40/mile Field vehicle daily rate $35/day plus $ .25/mile Company Aircraft (Cessna 172) $45/hour Job incurred expenses will be billed at 1.1 times the actual expenses and include but are not limited to: reproduction subsistence commercial transportation contracted services materials and supplies shipping Unless previous arrangements have been made, all statement amounts are due and payable within 30 days. Outstanding accounts after 30 days f rom the date of original billing will be charged interest at the rate of 1 1/2% per month and will be retroactive to the date of the original billing. 3c:1989fee.adm E C - 7 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 89-41 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE FOLLOWING CAPITAL PROJECT FUNDS: From: VIP 1989 Streets - Contingency $ <2,108> E. Aliak/Highbush 1989 Streets - Contingency <2,684> Candlelight/Linwood 1989 Streets - Contingency <13,760> To: VIP 1989 Streets - Inspection $ 2,108 E. Aliak/Highbush 1989 Streets - Inspection 2,684 Candlelight/Linwood 1989 Streets - Inspection 13,760 This transfer provides money for inspection and surveying of the three street projects. Proposals received from the engineers and surveyors exceed the budgets by amounts transferred above. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of May, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: QQ (4/28/89) jal U E a , A3 S I STI If L DEPARTMENT OF REVENUE 550 W. 7th Avenue ALCO04OLICEEVERAGEC W Roj.&b4RD Anchorage, Alaska 99501 April 17, 1989 Janet Ruotsala, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms. Ruotsala: We are in receipt of the following application(s) for transfer of a liquor license(s) within the City of Kenai You are being notified as required by AS O4.11.520. BEVERAGE DISPENSARY KENAI JOE'S; Roy Dale Howard, Peninsula & Broad Streets, Kenai. MAIL: P.O. Box 2818, Kenai, AK 99611 Trans Fm: KENAI JOE'S; Carol Conright & Elsie Cresswell; Peninsula & Broad Streets, Kenai. MAIL: P.O. Box 8071, Nikiski, AK 99635. cc: Kenai Peninsula Borough KIENAI PENINSULA BOROUGH JS 144 N. BINKLEY • SOLDOTNA. ALASKA 99669 a - PHONE (907) 262-4441 `• , , .cam=-" •' DON GILMAN MAYOR April 19, 1989 City of Kenai Attn: Janet Ruotsala 210 Fidalgo Kenai, AK 99611 RE: 1989 Liquor License Transfer KENAI JOE'S - Carol Conright and Estate of Elsie Cresswell to Roy Dale Howard Dear Janet: Please be advised that the Borough will have no objection to the transfer of the above noted license based upon unpaid taxes. The Sales Tax accounts registered for this businesse are filed through 12/88. Personal and real property tax accounts registered to either the applicants or business are current through the tax year 1988. Please send us a copy of the original application and your City Council approval/objection letter for our records. Thank you for your cooperation in these matters. Sincerely, ,1 , , 14-W-1- Linda Barclay Delinquent Accts. State of Alaska C (� l PAGE 1 OF 2 Alcoholic Beverage Control Board An ho age, Ala k ang@ LIQUOR LICENSE APPLICATION �,. ( 0 1 ' Anchorage, Alaska g0501 MM ZnMU PLEASE REVIEW SEPARATE INSTRUCTIONS Send Parts 1 and 2 to the ABC Board. Kap Part 3 for yow Bles. This application is for: (check one) A full calendar year ❑ The six month period beginning and ending SECTION A LICENSE INFORMATION. Must be completed for an types of appbcatons Type of Application: License 11i"s, ❑ New qco_uP r Ii1 License Fee .............. $, Statute Reference For License Year ❑ Renewal Sec. 04.11. ,' (I ,{i'(l Filing Fee ...... ....... Federal Employers Identification Number Transfer of License Holder ii j Penalty (if applicable) ...... _ $ Curre Li uor License umber (For Renewals and Transfers)„r ❑ Relocation Total Submitted ........... Enter applicant's name and mailing address as it should appear Doing Business As (Business Name) Complete Only One on the license: I / l _J..�,.• ,' / AyS1rei i e _%Ci'.S S - - �rFlunicipali9y (specify) t Ad� s or Location of Business py� <� ! jV�'W F/ , I City Business Phone Number(s) ❑ Other community Council Mailing Addmas AS O4.11.310ISM Instruettonsl h'>, P- � tA„�r.� I trail er, hates i a I n ex r i allti e a ast thirty (30FTigfit-flour days during the past calendar year? AS 04.11.330 13) IAES ❑ NO If no, attach an explanation. SECTION & PREMIS S TO BE LICENSEDL Must be completed for all types of applications. Name to be used on public sign or in advertising to identify premises: Is location of premises greater than or less than 50 miles from the boundaries of a munici J ) polity (incorporated city, borough or unified municipality)? /, ❑Greater than 50 miles as than 50 �® Distance measured under ❑ AS O4.11410 or ❑ local ordinance number Closest School Grounds Closest Church: miles SECTION C. LICENSED PREMISES. For New and Transfer of Location applications only. Premises to be licensed is: (Check appropriate box(es)) — Vxisting Facility ❑ New Building ❑ Proposed Building Plans Submitted to Fire Marshall Diagram of premises attached. Attach a detailed diagram of the premises to be licensed. The diagram must be a true and correct description of the entrances and boundaries of the premises to be licensed, and the only area where alcoholic beverages will be sold, served, consumed, possessed and/or stored. fit only a portion of the floor plan is to be licensed, please oulline in RED the area where alcoholic beverages will be sold, served, consumed, possessed andlor stored.) SECTION a RENEWAL INFORMATION. For Renewal Applications only, Has the area where alcoholic beverages are sold, served, consumed, possessed andlor stored Has the statement of financial interest changed from the last statemenl submitted to the been changed from the last diagram submitted? I Alcoholic Beverage Control Board? NO ❑ YES If yes, attach new diagram. ❑ NO ❑ YES If yes, attach new interest statement (form 04,909). SECTION E. TRANSFER INFORMATION. For Transfer of License Holder or Relocation aoplicauons only. ❑Immluntary transfer of license holder —Attach documents which evidence 'default' under ASO411.670 VRegular transfer of license holder —arty instruments executed udder AS 04.11.670 for purposes of applying AS 04 11.360.(4)(B) in a later involuntary transfer, must be filed with this application (15 AAC-104.655), Real or personal property conveyed with this transfer is: !Attach extra sheet if necessary) ❑ Relocation Before transfer —business name and address After transfer -business name and address SECTION F. CORPORATION INFORMATION. Must be completed if applicant or co-appficani is a corporation. AS O4.11.390 Corporate Name Doing Business As (Business Namel Date of Incorporation in the State of Alaska Mailing Address Street Address or Location of Business City, State and Zip Code City antl State - Corporate poste Office I'xhone No. Registered Agent (Name) Agent's Alaska Residency Yrs: Mos: Registered Agent (Mailing Address and Phone Number) — — YES ❑ NO The above named corporation is in good standing with the State of Alaska. Department of Commerce and Economic Development. CORPORATION DIRECTORS AND STOCKHOLDERS. (Use additional sheets if necessary.) N or Shares of Full Name (Do not use initiafsl Home Address Date of Birth Ownership —lie License, Number Date Approved Otrectd's Signature 04-90 (8186I Page 1 WHITE —PART 1 YELLOW —PART 2 PINK —PART 3 ALASKA LIQUOR LICENSE APPLICATION PAGE 2 OF 2 SECTION E% INDIVI IU X0114FO,I �T�E� OFFICER INFORMATION. The fog information must be provided for each applicant or corporate officer. If at or acalig kwal is a ttaljpelltian the oMleer! RaNd must include the President. Vice-PRlsidant 9ectetary and Reasurer. Use additional pages as necessary. Full Niame (to flat 7 initials) MAR IS O , City, Mailing Address (Street or P.O. Box, City, State & Zip Code) s Of diffenlint Mign Misfiff thifftefug—Home Address (if different from mailing address) H C ome Phone Work phone CPA9 o B h Social ur ty Number Date of Birth Social Security Number Ien hof asks Residency If applcant is ecaypOrM WanN the corporet of ce you hold, Length of Alaska Residency years Months If applicant is a corporation, identifythe corporate office you hold. 1b Months Full Ram (Do not use initials) Full Name fqo not use initials) Mailing Address fStreel or P.O. Box, City, State & Zip Code), Mailing Address (Street or P.O. Box. City, State & Zip Code) i Home Address (if different from mailing address) Home Address (if different from mailing address) Home Phone Work Phone Home Phone Work Phone Date of Birth Social Security Number Date of Birth Social Security Number Length of Alaska Residency Years Months Ifapplicant is a corporation, identify the corporate office you hold. Length of Alaska Residency Years Months If applicant is a corporation. idenlifythe corporate office you hold, SECTION M. INDIVIVUAUCORPOARATE OFFICER BACKGROUND. Must be completed for all types of applicants, toes any individual or corporate officer named above now haw any direct or indirect Interest in any other alcholic beverage business licensed in Alaska or any other State? �Y/NO [IYES If yes, give state, name ofbus Inesaandaddress. Has any individual or co rporate officer listed above been convicted of a felony, a violation of AS 04 or been convicted as a licensee or manager of licensed premises in another state of the liquor laws of that state since the filing of the last application? [�/NO ❑ YES If yes, please explain on separate shoot of paper. SECTION 1. DECLARATION. Must be read and cenified by each applicant. 1 declare under penalty of perjury that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete. I further certify that 1 have read and am familiar with Title 4 of the Alaska statutes and Its regulations, and that in accordance with AS O4.11,450, no person other than the applicant(s) or licensee(s) has any direct or indirect financial interest in the licensed business. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. If application is for a Beverage Dispensary or Package Store license, I certify that each applicant named on this application has resided in the state of Alaska for at least one year prior to the date of this application; and/or the applicant is a corporation registered and qualified to do business in the state of Alaska for One year prior to the data of this application, or all of the shareholders have resided in the state of Alaska for at least one year prior to the date of this application. r- - - SIONATURgs1 OF CURRENT LICENSES(S) (APPLICANT) SIONAT RE(S) OF TRANSFEREE(S) 1 / _. Subscribed and sworn to before me thisZI/-� Subscribed and sworn to before me this day of &=;w' ¢ '7 19 ay of I r �i tg y NOTARY IC IN�� !<%'C'�l 9CI iJOMRY PUSLIO IN AtASK My commission expires/T��� -- - _ My commission expires —taeel ✓age[ wnr,c—rani I Y—Ww—PART Z PINK —PART? b ILA 3 91 STEV DEPARTMENT OF REVENUE 550 W. 7th Avenue LL LICBEVERA EC*VTIgG7►L,Ba4RD Anchorage, Alaska 99501 April 25, 1989 Janet Ruotsala, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms. Ruotsala: We are in receipt of the following application(s) for transfer of a liquor license(s) within the City of Kenai You are being notified as required by AS O4.11.520. BEVERAGE DISPENSARY - TOJRISM (Corp Stock) MR. D's; King Oscar's, Inc.; 10352 Spur Road, Kenai. MAIL: 10352 Spur Road, Kenai, AK 99611 Trans Fm: Same as above except for mail. MAIL; AK 99611 P.O. Box 1080, Kenai, State of Alaska ���J`� PACE 1 OF 2 Alcoholic Beverage Control Board SW W. Seventh Avenue UOUOR LICENSE APPLICATION Anchorage, Alaska 99501 .� ro� �► PLEAS# REVIEW SEPARATE INVAUMNS send Pans 1 and 2 to the ABC board. KaaP Pan 2 for your Nlea- This application is for: (check one) ❑ A full calendar year ❑ The six month period beginning and ending SE ON A. LICE149 INFORMATION. Must be completed for all types of applications. We ofApplication: ' ' License lirpe ❑ New ' _ 'license Fee .............. S Statute Reference For License r El Renewal Sec. 04.11._ g Filing Fee .............. $ Federal Employers Identification Number LeTransfer License Holder Penalty (if applicable) S of .. ... Current Liquor License Number ( O newals and Transferal ❑ Relocation 4/5 — Total Submitted ........... $ Enter applicant's name and mailing address as it should appear Doing Business As (Business Name) Complete Only One on the license: r! r kh t^ ❑ Municipality (specify) i�i#11 MY. D S Street Address or Location of usiness �7 5�4r /O3Sz no�c� 6Ol�l US C A, ✓ S / N1 G City r ✓ r< r y� (4 9/ So -,y A Ht 4-1,t ff! r B amass Phone Numpons) 7,1 ) z o ❑ Other Communny Counpll Mall g a AS .fftlorsex Instructions) I.. If ran al or transfer, has the above license been exercised or active at least thirty (30) eight -hour days during the past calendar year? AS O4.11.330 (3) YES ❑ NO It no, attach an explanation. SECTION B. PREMISES TO BE LICENSEQ Must be completed for an types of applications. Name to be used On public sign or in advertising to identify premises: Is location of premises greater than or less than 50 miles from the boundaries of a municl- pall; (incorporated city, borough or unified municipality)? ❑ Greater than 50 miles All Less than 50 miles D m nceeasur durder ] SO411.410or local ninw%mtler Closest School Grounds. I Closest Church: A SECTION C. LICENSED PREMISES. For New and Transfer of Location applications only. Premises to be licensed is: (Check appropriate box(es0 P�Existmg Facility ❑ New Building ❑ Proposed Building ❑ Plans Submitted to Fire Marshall ❑ Dlegram of premises attached. Attach a detailed diagram of the premises to be licensed. The diagram must be a true And correct description Of the entrances and bgundanes of the premises to be licensed, and the only area where alcoholic beverages will be sold, servsE, consumed, possessed and/or stored. fit only a portion of the floor plan is to be licensed, plans outline in RED the area where alcoholic beverages will be sold, served, consumed, possessed andfor stated.) SECTION D. RENEWAL INFORMATION. for Renewal Applications only. Has the area whore alcoholic beverages ale said, served, consumed, possessed sridlor stored Has the statement of financial interest changed from the last statement submitted to the been changed from the Iasi diagram submitted? Alcoholic Beverage Control Board? ❑ N(G O TG$ If yes, attach new diagram. r,e-nrt✓ ❑ YES if yes, attach new interest statement (form 04-90(1). SECTION E. TRANSFER INFORMATION- For Transfer of License Holder or Relocation applications only. ❑ Involuntary transfer of license holder —Attach documents which evidence"default" under AS O4t 1.670, ❑ Regular transfer of license holder —arty instruments executed under AS O411.670 for purposes of applying AS 04 11.360.(4KBI in a later invoiumary transfer, must be tiled with this application (15AAC-104.6551 Realm personal property corweyed with this transfer is: (Attach extra sheet if necessary) ❑ Relocation: Before transfer —business name and address —��k A K After lransfer—business name and address SECTION F. CORPORATION INFORMATION. Must be completed if applicant or caappncant is a corporation. AS O4,11.390 Corporate Name Doing Business As (Business Name) Date of Incorporation in the } State of Alaska Malling Addr Street Address or Location of Business ' _ !9e City, Stato7afitl Corti City and Stale Corporate Office Phone No. _ Registered Apan (Name) - Agent's Alaska Residency y/ (/ Yrs: Mos: Registered Agent (Mailing Address and Phone Number) Z L2 9 � < � YES ❑ NO The above named corporation is in good standing with the State of Alaska, Department of Commerce and Economic Development, CORPORATION DIRECTORS AND STOCKHOLDERS. (Use additional sheets it neussary.l rG or Shares of Full Norma (Do not use initials) Herne Address Date of Birth Ownership a 1.;. 4t1, - 0 �f.,t r x , o THIS AREA OFFICE USE ONLY License Number Date Approved Director's Signature —� 04.901(&1" Page 1 WHITE —PART 1 YELLOW —PART 2 PINK —PART 3 ALASKA LIQUOR LICENSE APPLICATION PAGE 2OF2 SECTION GL INDRIIDUALICORPORAT'E OFFICER INFORMATION. The following information must be provided for each applicant or corporate officer. If applicant or co-appliCant is a corporation, the officers listed must include the President, Vice -President, Secretary and 1Feasursr. Use additional pages as necessary. Wame (Do r1t use Initials) FWI Nyns (Do not uas initials) r Mailing Addillme (Street or P.Q-1K tity, is a Zip Cods �%4 2-k7f 1 ( r Mailing Address (Street or PA. ,City, Stare 6 ZIp Code y�r r r dil I Inastl f Ifs t Imm matanq stldrNa) 1 \Z K 1 Nome Address (t different from mall ng address) r 1 1 ' !- one Work Pno ,ry me one k one a of firth le ufity Nu bar t Birth cial urity Number ngthofkaaka esldancy If applicant is a corporation, identify the corporate office you hold. ` Length of Alaska Residency It applicant is i cirporeion, identify the corporate office you hold. f rI P S I Years Months `hare Months Full Name (Do not use initials) Full Name (Do not use initials) Mailing Address (Street or PO. Box, City, State 6 ZID Coded Mailing Address (Street or P.Q Box, City. State a Zip Codel Home Address (if different from mailing address) Home Address (if different from mailing address) Home Phone work Phone Home Phone Work Phone Date of Birth Social Security Number Date of Birth Social Security Number Length of Alaska Residency Ifapplicant is a corporation, identify the corporate office you hold. Length of Alaska Residency Years Months If applicant is a corporation, identify the corporate office you hold. Years Months SECTION H. INDIVIVUALICORPOARATE OFFICER BACKGROUND. Must becomplated foralf types of applicants. Doss any individual or corporate officer named sbova now have arty direct W indirect Interest in any other alcholic beverage business licensed In Alaska or any other State? rNO ❑ YES If yes, give state, name of business and address. Has any Individual or corporate officer listed above been convicted of a felony, a violation of AS Oa or been convicted as a licensee or manager of licensed premises in another state of the liquor laws of that state since the filing of the last application? TNO ❑ YES If yes, plane explain on separate sheet of Pepsi. SECTION 1. DECLARATION. Must be read and certified by each applicant. I declare under penalty of perjury that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete. I further certify that I have read and iaF n familiar with Title 4 of the Alaska statutes and its regulations, and that in accordance with AS O4.11.450, no person other than the applicantis) or licensees) has any direct or indirect financial interest in the licensed business. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. - If application is for a Beverage Dispensary or Package Store license, I certify that each applicant named on this application has resided in the state Of Alaska for at least one year prior to the date of this application; and/or the applicant is a corporation registered and qualified to do business in the state of Alaska for one year prior to the date of this application, or all of the shareholders have resided in the state of Alaska for at least one year prior to the date of this appgcatlon. * -.v - - - - -• -•-- SIONATUREIS) OF CURRENT LICENSEEM) (APPLICANT) SIGNATURE(S) OF TRANSFEREES) r ..w^. r Sub sdibads pd sworn to before me this a y — Subscribed and sworn to before metlhlw f- day f _;. a,tYi 1 _ 19 'nr day of ! r y v fig A!VrAfli�71.IC IN AND FORA AS NOTARY PUBLIC IN AND FOa'ALA5KA •. My co fission expires -At�ZGP9 My commission expires -(aras)iregez WHIR—PAHr 1 TLLI.IJW—PART? PINK-PART3 Report on board meeting of Resource Development Council Anchorage, April 27, 1989 Meeting was conducted by Vice President Ethel Nelson. Informal discussions with R. Miller, Arrowhead Minerals C. Hawley, Hawley Resource Group Meeting business covered the following RDC activities: 1. President Shelby Stastny is presently attending the Wilderness Conference in Reno, Nevada as a participant. Alaska representation is part of a "No More Wilderness" stand to offset several environmental groups tactic to prevent development in Alaska by having targeted areas designated wilderness areas, thereby preventing any form of development. 2. Becky Gay had just returned from Juneau where she hosted the Alaska -Hokkaido conference, a presentation given to Japanese industry to encourage investment in Alaska. 3. It was decided that as the ANWR issue is essentially dead for the present time, RDC funds earmarked for ANWR are to be diverted for use against high seas intercept fishing by foreign vessels of Alaska salmon stocks. 4. The current feeling in the Legislature and throughout the community is negative with regard to the ELF issue. It was hoped that the volatility of the issue will subside with time. . 5. Several oil -spill bills are being introduced and pushed through the Legislature. Many of these have been rapidly introduced and are flawed. There is concern that poorly conceived legislation will flow over into other areas of development and have unforseen effects in areas they were not intended to impact. A talk was given by Richard Hughes, General Manager of Valdez Creek Gold Mine on the history and future plans of the mine. The mine is situated 50 miles east of Cantwell, and is -•owned by pertnership of three Canadian companies. The mine was discovered in 1903 and was worked in a small way almost continuously until the present day. Most of the presently worked leads had been discovered by 1979, when a decision for large scale financing was taken. Since then $87.5 million has been invested, and profits of $48.3 million have been generated. The annual fine gold production was 20,000 oz. in 1984, 30,000 oz. in 1985, 25,000 oz. in 1987, 21,000 oz. in 1987. and 44,500 oz. in 1988. Overall productivity of the alluvial gravels is 0.14 oz. per cubic yard, representing over 10 million cubic yards of pay being processed not counting overburden material. In 1988 7.6 million cubic yards of total material was moved. The mine is one of the few to work all year round, and employs 162 people. The paydirt is transported by 65 and 85 ton capacity trucks from the excavation face to the procesing plant. The dirt is separated on vibrating screens, then is processed through one of seven sluice boxes to catch the larger gold. The sluice boxes are covered on the inside with indoor - outdoor carpet which is an excellent gold trap. The sluicebox effluent is then panned mechanically for retrieval of the fine gold. The gold room tailings are continually assayed to monitor the recovery efficiency. All water used is recycled and 4,000 gallons per minute is pumped from Valdez Creek as makeup water. Worked out areas are re -dumped with overburden, contoured and reseeded. Reclamation casts approximately $115 per acre, with 80 acres reclaimed in 1988. Future plans are to follow the paydirt leads where they pass beneath Valdez Creek. This summer the creek is to be diverted for length of two miles at a cost of $3.5 million to enalbe extraction of an estimated 21,000 oz. of gold. The present mine life is five years with the present reserves, and the Valdez Creek diversion will increase the mine life by another two years. Environmental concerns are troubling. These controls are costing in excess of $1 million a year, and any hazardous waste legislation is closely watched for involuntary application to the mining industry. Barry Thomson was re -appointed to the Resource Development Council board as Kenai representative. Respectfully B. Thomson -4Q-s Kenai Advisory Harbor Commission April 10, 1989 - 7:OOpm City Hall Council Chambers Barry Eldridge, Chairman 1. ROLL CALL: Tom Thompson Public Works Director: Keith Kornelis Leon Quesnel City Councilman: Ray Measles =i Barry Eldridge Ron Rainey Will Jahrig 2. APPROVAL OF AGENCA: Under "Old Business" add: I. Kenai River Mooring Buoys; ' Under "New Business" add: b. The River Management Board { Meeting on April 17, 1989; c. Bottom Fish Article Discussion; d. Report on the Exxon-P.W.S Meeting in Homer. Leon Quesnel moved to approve the amended agenda. Motion seconded by Ron Rainey. Motion carried. 3. APPROVAL OF MINUTES OF JANUARY 30, 1989: 1 Tom Thompson made a motion to approve the minutes. Seconded by Leon Quesnel. Motion carried. 4. OLD BUSINESS: a. Report on Dock Improvements: Public Works Director Kornelis reported on the dock extension. The floating dock is being extended 40 feet, the buoys have been ordered, and there will be portable water available at the docks. There are also plans for an additional fuel dispenser. b. Report: Dock Leases --The Department of Public Works has received Letters of Intent to renew the leases for next year. One lease has already been paid, and payment on the other is due this week. C. Report: Fill Material for Staging Area --Bids opened last week. Three bids have been received. d. Report: Chamber of Commerce Wildlife Viewing Area: Project on hold for now. Won't be ready for this summer. e. Report: Dock Opening: Dock will open April 15, 1989. f. Report: Ports Alaska Meeting: Copy of report was in the packet of information sent to Commissioners. The Commissioners suggested that a copy be sent to the Page Two Kenai Advisory Harbor Commission Minutes April 10, 1989 Airport Commission for their information. The Ports Alaska Meeting has suggested that Airports be considered as ports of entry. Leon Quesnel will attend their next meeting in May and report back. g. Discussion: Industrial Park --There was not much new to report. There seemed to be general agreement that water and sewer are needed on the waterfront in order to proceed with any development plans. The Commission continues to favor development of the industrial park. h. Discussion: Containers for Marpole V--The Harbor Master has sent out the stickers and notices for the new provisions for disposal of plastic waste. Stickers will be posted on containers at the ramp, dock and at the canneries. Peninsula Sanitation has containers on the dock to be used for plastic waste materials. i. Kenai River Moorings Buoys: Considerable discussion about the problem of reviewing mooring permits with- out knowing the number and location of existing permits. Leon Quesnel moved to request that the Kenai Peninsula Borough conduct a study of the permitted moorings in the Kenai River and determine their work with the Corp of Engineers to ultimately come out with a reasonable plan for the placement of permits. Seconded -by Will Jahrig. Motion carried. A motion on permit #AK890314-08A by Will Jahrig and seconded by Ron Rainey was made that the anchors should be moved upstream and in -line with the Salamantoff anchors. Motion carried. A motion by Ron Rainey and seconded by Leon Quesnel would have the City of Kenai be placed on the State's distribu- tion list for permits on all moorings or modifications on the waterfront requested within the Kenai City limits. Motion carried. Permit #AK89324-24A was reviewed with no comments 5. NEW BUSINESS: a. Update on Comprehensive Plan: A general discussion followed on the City's comprehensive plan. The Harbor Commission members felt that they should come up with Page Three Kenai Advisory Harbor Commission Minutes April 10, 1989 their own long-range plan for the Harbor Commission. The plan would include what the Commission would like to see happen in the way of port development, and in river management. More to come on this at future meetings. b. River Management Board Meeting: This should be a positive approach to address the City's concerns and responsibilities concerning the Kenai River. Ron Rainey will be attending their next meeting to be held April 17th. He will report back to the Commission. C. Bottom Fish Article: Barry Eldridge distributed copies of this article from the Alaska Journal of Commerce for Commissioner's information and discussion. d. Exxon-P.S.W. Meeting: The meeting was held in Homer and Leon Quesnel attended. His report will be in the next package of material sent out to commissioners. Mr. Quesnel read his report and answered questions. 6. CORRESPONDENCE: None 7. COMMISSIONER'S COMMENTS AND QUESTIONS: A general discussion on the port extension and improvements on the dock. No further questions or comments. 8. ADJOURNMENT: The meeting was adjourned on motion by Ron Rainey and seconded by Leon Quesnel. Motion carried. _75 6ftT_A_ Q___ r- Patti Truesdell, Recording Secretary for Services LTD and the City of Kenai — J KENAI ADVISORY LIBRARY COMMISSION April 4, 1989 7:30pm Library Activity Room Kenai Community Library Kathy Heus, Chair 1. CALL TO ORDER: The meeting was called to order by Chairwoman Heus. 2. ROLL CALL: Kathy Heus Paul Turner, excused Janice Rodes Doug Emery, excused Carol Brenckle Dennis Simmons Joanne Elson In attendance: Emily DeForest, Library Director; Chris Monford, Councilwoman for the City of Kenai 3. APPROVAL OF AGENDA: Carol Brenckle moved to approve the agenda. Motion seconded by Dennis Simmons. Motion carried. 4. APPROVAL OF MINUTES OF FEBRUARY 7, 1989: Carol Brenckle moved to approve the minutes. Motion seconded by Dennis Simmons. Motion carried. 5. PERSONS SCHEDULED TO BE HEARD: None 6. DIRECTOR'S REPORT: Emily DeForest gave commissioners the Report for the Month of February, copies of the budget, and the monthly manage- ment report for March, 1989. National Library Week is April 22, 1989. There was also a report on the upcoming book sale. A general discussion on the various reports followed. 7. OLD BUSINESS: A. Welcome of New Member: Kathy welcomed Joanne Elson to the Library Commission. B. Budget: Carol Brenckle made a motion that the Commission request the City Council to reinstate the fourth position as requested in the Library Depart- ment's original budget. Janice Rodes seconded the motion. Page Two Kenai Library Commission Mintues February 7, 1989 7:30pm Motion amended that a letter be drafted to the City Council stating the Library Commission's support for this inclusion in the 1989/90 budget. Dennis Simmons moved to approve the amended motion. Second by Carol Brenckle. Motion and amendment carried. C. Election of Chair and Vice Chair: Carol Brenckle made a motion that Kathy Heus remain as chairperson for the Library Commission. Motion seconded by Joanne Elson. No further nominations. Carried unanimously. Carol Brenckle nominated Doug Emory remain on as Vice - Chair. Seconded by Joanne Elson. Unanimous agreement. D. Other: No other old business. 8. NEW BUSINESS: A. Book Sale, April 22, 1989: Notices about the book sale are being sent out. Many boxes have already been collected and are being stored in the Library Activity Room. B. Other: Dennis Simmons moved that Carol Brenckle get together a July or August barbecue for the Library Commission members, staff and Friends of the Library. Seconded by Carol Brenckle. Motion Carried. 9. COMMISSIONERS COMMENTS AND QUESTIONS: Carole Brenckle extended her welcome to Joanne Elson. Dennis Simmons expressed his appreciation for the Library Director's report. Joanne Elson stated that she considered a book mobile and library services for the east end of town to be her top priorities for her term on the Library Commission. Janice Rodes expressed her strong support for the additional staff person in the library's budget. She hoped the other commissioners would let the City Council members know their feelings on this issue! Kathy Heus again welcomed Joanne to the Commission. 10. ADJOURNMENT: Carol Brenckle moved to adjourn. Seconded - by Dennis Simmons. Motion carried. Patti Truesdell Recording Secretary for the City of Kenai April 14, 1989 1781-18 V r CITY OF K_. — ow 4 41 040 -- 210 FIDALGO KIMAl,;ALASKA 9"11 TELL HOW 283 - 7535 FAX 907-283.301 d MEMORANDUM TO: Mayor Williams and Council FROM: Kenai Beautification Committee Janet Loper, Secretary DATE: April 25, 1989 RE: "Welcome to Kenai" Sign The Council charged the Beautification Committee with the task of coming up with a pleasing suggestion for the back of the "Welcome to Kenai" sign. The Committee has held several meetings, one of which with Mr. Guf Sherman who designed the original sign. Mr. Sherman had several suggestions and a copy of the proposal that pleased the Committee most is attached. At their meeting of April 25, 1989, the Committee asks you consider the following recommendation: The letters on the back of the "Welcome to Kenai" sign state, "Thank You for Visiting Kenai", that they be white 6" letters, and that Mr. Sherman install the letters. A copy of the minutes are in the packet for further clarification. 1791-1l91 CITY OF KENAI %%Od Cala" 4 4"Pf 210 FID AiL.GO KBMAI, Arm "S" TELEN! Oi*2 a 7535 FAX 907-283.3014 MEMORANDUM TO: Chairman Wisniewski and Committee Members FROM: Janet Loper DATE: April 18, 1989 RE: Proposal from Mr. Sherman C Mr. Sherman contacted me with the estimate for the letters on the rear of the sign for your next meeting and they are as follows: Letters 6" - $10 each Letters 9" - $17 each Estimate is for plexiglas letters. Plus the extra for the template and installation = $160 Installation is minimum of 3 hours and can be done by our own crew. Example: If you wanted to say "Thank you for Coming" that would be 17 letters of 6" in size = $170 plus $160 installation = $330 The letters could be purchased and bolted on the gray background by our own crew in any position you desire or Mr. Sherman is willing to put up the letters. 3- KENAI BEAUTIFICATION COMMITTEE April 25, 1989 - 1:30 P.M. Kenai City Hall Glen Jackson, Vice Chair Presiding 1. ROLL CALL Present: Jackson, Hakkinen, Selby, Sheldon, Sparks Absent: McComsey, Wisniewski, Councilwoman Swarner (excused) Also Present: Director McGillivray and Secretary Loper 2. PERSONS PRESENT SCHEDULED TO BE HEARD None 3. APPROVAL OF AGENDA Add item for banners and archeological dig Agenda approved with the additions 4. APPROVAL OF MINUTES of April 11, 1989 Minutes approved as submitted 5. OLD BUSINESS a. Proposal for Rear of "Welcome :to Kenai" Sign The Committee discussed the proposal and felt that the 6" letters would look the best. Director McGillivray suggested the wording of, "Thank You for Visiting Kenai" which would be 24 letters. However, the Committee agreed that even though these were more letters than previously discussed, the sentiment was more in line with what Council had discussed as well. The Committee discussed installation as Mr. Sherman had stated that our own crews could probably install the letters. The Committee felt that Mr. Sherman, being the designer of the sign would know best how they should be mounted for optimum visibility. MOTION: Committee Member Selby moved to recommend that the letters on the back of the "Welcome to Kenai" sign state, "Thank you for visiting Kenai", that they be white 6" letters, and that Mr. Sherman install the letters, seconded by Committee Member Sparks. KENAI BEAUTIFICATION COMMITTEE April 25, 1989 Page 2 The Committee agreed that white letters against the gray background would probably show up the best. b. Memo from Public Works (2) Committee Member Selby asked about the additional sidewalks in the park. Director McGillivray informed the Committee that at the last budget meeting held by Council Senior Director Porter explained the situation saying that the design is layed out so that there is little choice of vegetation for the purchaser. Many of the sidewalks that were to be future additions held different varieties which are not available to the sidewalks in existence. Committee Member Sheldon stated that she thought as long as the various species were grouped together correctly there could be different varieties. Apparently this is not so. of course with additional sidewalks comes additional upkeep. This is an item that will probably keep coming back for discussion. Committee Member Selby asked when the Lawton Strip project would begin, answer as soon as the ground thaws and firms enough to walk through and mark the trees. Regarding street sweeping; Director McGillivray informed the Committee that the Parks crew has swept the sidewalks on one side of the highway and as soon as the snow melts enough, will sweep the other side. The Committee asked about the sand dumped along side the highway and Director McGillivray said that he had planned on taking some of the slope down to grade and planting grass. The Parks crew has also been sweeping some of the bike trails. The Committee agreed that a letter should be written to DOT regarding the upkeep of the bike trails. Director McGillivray had spoken with a gentleman with DOT who agreed that the bike trails were state maintained, therefore a letter requesting a spring maintenance would be a good idea. 6. NEW BUSINESS a. Archeoloqical Diq in Municipal Park Director McGillivray informed the Committee that Allan Booras of the local college will be digging, with his students, in the Municipal Park during the month of June. He and his class will be working in a space 301x30' at about a 2' to 3' depth. They will be using mostly hand tools. The public is invited to view the project. b. Eagle Banner Mae Blazy, Chair of the Soldotna Beautification Committee has been in contact with the Director and the secretary for information pertaining to our banners. Ms. Blazy asked specifically about our double eagle banner as that one and the church banner were the two KENAI BEAUTIFICATION COMMITTEE April 25, 1989 Page 3 most popular with Soldotna. Half of the eagle banner was lost the first month the banners were up and the other half was not up last summer. Ms. Blazy suggested that, should Kenai decide to replace the eagle banner, Soldotna would pay the freight in return for all the help Kenai has rendered in their project. Soldotna will be ordering 72 banners with 10 different designs and were careful to ensure that none of their designs were the same as Kenai's. MOTION: Committee Member Selby moved that we order the eagle banner and that we would like to thank Soldotna for their offer to pay for shipping, seconded by Committee Member Sheldon. VOTE: Motion passed unanimously Director McGillivray related that he had talked at length with Ms. Blazy about the banners and expected that Soldotna would not have the problems that Kenai has had in that Soldotna does not get the wind. Director McGillivray felt that there may be enough money in the budget to go ahead and order the eagle. 7. COMMITTEE QUESTIONS & COMMENTS The Council has been discussing all committee and commission meetings be held once a month instead of twice a month. The Committee agreed that this would not be a problem and agreed to meet on May 16th because it is a five week month, and thereafter the second Tuesday of the month if this is convenient. 8. ADJOURNMENT There being no further business, the meeting was adjourned at 2:30 P.M. Janet A. Loper Secretary to the Committee H - / i it ;t- # Z-, a -r CD CD co 0 0 0 ;r mm 'no �nh In '-D C-4 ID C� C; 0 4, it co a- -I C4 00 In it 1) C,4 C) CN 0 0 CD 44 44 it J, tn 0 CN 'T 00 is 00 0 j, At cli C4 -7 'r it (71 4, 4. It uj 4. At 4. 4- # F a L) z7 41 t 44 it It H iK W # 44 0 z Ln (n 04 C4 11 it44 F4 t-4 it C) cc go A go E-1 F it 0 it C/I ie U# is u it 04 .r r IW4 uu it 54 a < it it it Atii it 41 41 4, It ii 4 z C, it it it 'r. 41 44 H 41 it it 41 1-4 14! ZW it 4. F (A cn V) Ln fn 1 it 41 1-- it 4, LLI M :D ;O O dd 41 F-t 44 uC C:) 0 0 04. II - -W 4C14 4- 1: 14 L) W 04 z z 0' '4-. �!; Pi " W q** W 41 1 i 41 * it it 11 4: it 4 41 4: is it a it 4: is it 4! 4, it z It 4, 4 4: it is 44 1-44 1-4 ': 4. 4. 144 It At L) o It At , 4 It 4, it 4, it 41 Z 1-4 It 1-4 it (-4 Go J4 w z z It H i III 4- Ce 4- 41 U * Ln �q A. .4 z CY a FH- w at it IX 4, U 4, 14 "A Ck a in 04 44 At ol a co 4. 4. w 40 0-4 41P. 04 P t4 -C 41 kn CD i. ni C4 44 z LW w PQ Q (A it At 4t 0 C4 g u 94 1'3 Z 4 z In ul I Q . w 0 C4 C4 04 Q U z w V. LD 0 -4 H �r it W. is It w 4 a 2 Z Z A �n X g 2 44 ;t I 0 'D C, n m CD Z n 00 o z 00 is 41 t 4: ': I it I 4: 41 is 4- it RQ4 4' is 41 4, is to it 4, 41 WJ is Ln 4, r4 J;: W is j 0 6 �4 FD F4 3 E� I= 4: Ld L.- 02 4: C4 is 4 M m z 9 it 0 1� u u 1 04 1 4, 4: 4 t. ;4 L) V) w a voi z u 41 it u 0 41 4: COJ 4: PFi 41 H is 4, U 41 U 00 y it 14: 4. uo aP-4 X. In w 4, 0 is CD 12 V, z 0 LQ n 7L CZ to Q H H .4 C4 1 / - 3 Suggested by: Administration City of Kenai ORDINANCE NO. 1316-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE COUNCIL ON AGING TITLE III FUND BY $3,471, DECREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE SENIOR EMPLOYMENT FUND BY $5,912, AND DECREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE SENIOR DAY CARE FUND BY $1,745. WHEREAS, in the Council on Aging Title III fund, the State budget is $4,246 less than the City budget; program income is expected to exceed the budget by $7,717; and the net increase of $3,471 may be appropriated at this time, and WHEREAS, in the Senior Employment Fund, the State budget is $5,912 less than the City budget, and WHEREAS, in the Senior Day Care fund, the State budget is $3,408 less than the City budget; program income is expected to exceed the budget by $1,750; and in -kind rent was reduced by $87; the net decrease of $1,745 should be reflected in the budget at this time. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following increases <decreases> be made in the following Senior Citizens Funds: Title III Increase Estimated Revenues: State Aging Grant $<4,246> Meal Donations 7,717 3,471 Increase Appropriations: Access - Salaries $ 377 Access - Leave < 105> Access - Workers Comp <1,400> Access - Health < 400> Access - Repair & Maintenance <1,440> Congregate Meals - Leave < 530> Congregate Meals - E.S.C. 1,230 Congregate Meals - Workers Comp <1,895> Congregate Meals - Health < 850> Congregate Meals - Operating Supplies 6,254 Congregate Meals - R & M Supplies 500 1 Home Meals - Leave < 182> Home Meals - E.S.C. 342 Home Meals - Workers Comp < 338> Home Meals - Health < 190> Home Meals - Operating Supplies 1,403 Home Meals - R & M Supplies 1,000 Community Services - Salaries 140 Community Services - Leave < 50> Community Services - E.S.C. < 72> Community Services - Workers Comp < 290> Community Services - Health < 33> 3,471 Senior Employment Increase Estimated Revenues: State Aging Grant <5 912> Increase Appropriations: Salaries $<5,283> E.S.C. 296 Workers Comp < 775> Professional Services < 150> <5 912> Senior Day Care Increase Estimated Revenues: State Aging Grant $<7,514> State Aging Grant - Supplemental 4,106 Misc. Donations 1,750 In -kind (rent) < 87> <1 745> WMEMMkNUMMw Increase Appropriations: E.S.C. $< 233> Workers Comp <2,400> Office Supplies 200 Operating Supplies 575 R & M Supplies 200 Rent < 87> <1 745> 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 1989. ATTEST: Janet Ruotsala, City Clerk Approved by Finance: RQ (4/26/89) jal JOHN J. WILLIAMS, MAYOR First Reading: Second Reading: Effective Date: May 3, 1989 May 17, 1989 May 17, 1989 3 Suggested by: City of Kenai ORDINANCE NO. 1317-89 H 4100 y Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KMC 23.40.095 BY INCREASING THE EMPLOYER CONTRIBUTION TO THE SUPPLEMENTAL RETIREMENT PLAN FROM 2% TO 4% OF THE FIRST $37,500 OF BASE WAGES. WHEREAS, the City currently contributes 2% of the first $37,500 of base wages for eligible employees to a supplemental retirement plan, and WHEREAS, the Supplemental Retirement Program was designed as a partial replacement for the Social Security Program, from which the City withdrew in 1981, and WHEREAS, maximum Social Security contributions for each of the employer and employee have increased $1,629.75 per employee since 1981, and WHEREAS, the City Administration is requesting that the employer contribution rate be increased to 4% of the first $37,500 of base wages, which is a maximum increase of $750 per employee. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 23.40.095 is hereby amended as follows: 23.40.095 Supplemental Retirement: All permanent employees 21 years of age or older with six months of service regularly scheduled to work fifteen (15) hours or more per week shall be eligible to participate in a supplemental retirement program to be selected by the City Manager. The City`s contribution on behalf of each eligible employee shall be [TWO] four percent [(2%)] 4% of the first $37,500 of base wages earned in a calendar year. The contribution shall not apply to additional compensation to employees, such as overtime pay, holiday pay, and qualification pay. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: May 3, 1989 Second Reading: May 17, 1989 Effective Date: July 1, 1989 Approved by Finance: (:f SQ (4/26/89) MEMORANDUM TO: Kenai City Council FROM: Charles A. Brown, Finance Director DATE: April 26, 1989 SUBJECT: Supplemental Retirement On December 31, 1981, the City of Kenai withdrew from the Social Security program. At that time, the City's contribution rate (matched by the employee) was 6.65% of $29,700 of wages (maximum = $1,975.05). On July 1, 1984, the City Council authorized a City contribution on behalf of eligible employees into a supplemental retirement account of 2% of the first $37,500 of base wages (maximum = $750.00). There is no employee contribution. (It appears that this $37,500 figure was derived from the maximum social security taxable wages in 1984, which was 6.7% of $37,800.) Currently, the social security tax is 7.51% for each of the employer and employee of the first $48,000 of wages (maximum = $3,604.80). Had the City remained in the Social Security program, the City's share would have increased (at a maximum) from $1,975.05 in 1981 to $3,604.80 in 1989, or $1,629.75 per employee. Since 1984, the date we first started the supplemental retirement plan, social security has increased (at a maximum) from $2,532.60 to $3,604.80, or $1,072.20 per employee. The City Administration is requesting an increase in the supplemental retirement rate from 2% to 4%, with the cap remaining at $37,500. The maximum increase per employee would be $750. The City, over the years, has realized substantial savings as a result - of its withdrawal from the Social Security program versus the Supplemental Retirement program. For example, in 1989, the savings at the 2%/$750 rate is approximately $200,000; at the 4%/$1500 it is approximately $143,000. However, as if to complicate this calculation, employees hired after April 1, 1986, have been in the medicare portion of social security, which is 1.45% of eligible wages. In FY88-89, this will cost the City about $10,000. The cost of the additional 2% budgeted for FY81'-90 supplemental retiremerii is about $56,000. Suggested by: Senior Citizens Project Director City of Kenai ORDINANCE NO. 1318-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $212, IN THE GENERAL FUND FOR SHIPPING COSTS ON DONATED MUSEUM ARTIFACTS. WHEREAS, the City of Kenai has received $1290 in museum donations that have not been appropriated, and WHEREAS, Mrs. Blanche Ryan has donated several boxes of artifacts for the museum and has asked the City to reimburse her for the shipping costs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Miscellaneous Donations $ 212 Increase Appropriations: Museum - Communications $ 212 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: May 3, 1989 Second Reading: May 17, 1989 Effective Date: May 17, 1989 Approved by Finance: C (4/27/89) jal TO: Finance Department FROM: Pat Porter, Museum Supervisor�(}� DATE: April 25, 1989 c J' SL3MC,T: Transportation Charges The City of Kenai recently received six boxes of items which were donated to the museum from: Blanche Ryan RR#1 Box 5AA St. Onge, S.D. 57779 Ids. Ryan has requested that she be reimbursed for the transportation charges for these articles in the amount of $212.00. I discussed this with Mr. Brighton and he is in agreement. Would you prepare an ordinance that would appropriate the necessary funds out of the museum donations? Suggested by: City Council City of Kenai ORDINANCE NO. 1319-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $42,000 IN A NEW CAPITAL PROJECT FUND ENTITLED "SUSIEANA LANE PAVING". WHEREAS, The City of Kenai has accepted $42,000 from Jess C. Hall and/or Clint D. Hall to release them from the obligation of paving Susieana Lane, and WHEREAS, the City intends to use this money to pave the road. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Susieana Lane Paving Increase Estimated Revenues: Contribution from Developer $42,000 Increase Appropriations: Administration $ 1,500 Inspection 4,000 Construction 36,500 $42,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: Second Reading: Effective Date: Approved by Finance: e �� (4/27/89) jal May 3, 1989 May 17, 1989 May 17, 1989 /'1: i l Suggested by: Airport Manager City of Kenai ORDIl AN(E NO. 1320-89 L ,. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $48+-,OWIN THE AIRPORT TERMINAL RENOVATION CAPITAL PROJECT FUND FOR CHANGE ORDER #5, PURCHASE OF BAR -AND RESTAURANT 111 EQUIPMENT, AND ADDITIONAL MONEY FOR CONTINGENCIES. WHEREAS, the City Administration recommends that the City Council approve Change Order #5 on this project at a cost of $8,412, and WHEREAS, the Airport Commission recommends that the City purchase new bar and restaurant furniture and equipment, at an estimated cost of $2,480 for architectural work and $154;6ee'for fur„4t+a-e 4 equipment, and WHEREAS, the City Administration desires to add approximately $21,500 of additional funds to the construction account for future contingencies. 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 Increase Appropriations: Airport M & 0 - Transfers Airport Terminal Renovation - South Increase Estimated Revenues: Transfer from Airport Land System Increase Appropriations: Administration Inspection Construction $187..yp4ag,._ ._ $1.87 , 00.p.... $ 520 2,480 -1-84 iOCe aj .. x v 1 ca . / 1 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of May, 1989. ATTEST: Janet Ruotsala, City Clerk Approved by Finance: Cal( (4/27/89) jal JOHN J. WILLIAMS, MAYOR First Reading: May 3, 1989 Second Reading: May 3, 1989 Effective Date: May 3, 1989 i CITY OF %del Cajad4i 4 4" 210 FIDALGO KENAI, ALASKA Mli TELEPHONE 283.75M MEMORANDUM TO: Mayor J. Williams and Kenai City Council FROM: Rim Howard, Administrative Assistant DATE: April 24, 1989 RE: Amendment to Lease/Robert Jackson Lot 4, Block 5 & R.O.W., CIIAP Mr. Jackson has requested to extend the term of his lease on the above referenced property for an additional two years. The current lease is a two year lease and expires on June 30, 1989. It states any modification shall require Council approval. Attached is a draft Amendment to Lease for your approval. Mr. Jackson has indicated to me that he will attend the May 3 City Council meeting to answer any questions that you might have. /kh LEASES\JACKSON.MEM �_�.!�� i.. • That certain lease dated September 11, 1987, and recorded at Book 317, Page 71, between the CITY OF KENAI and ROBERT C. JACKSON and JACKSON'S SALES AND SERVICE, encompassing the following property located in the Kenai Recording District, Third Judicial District, State of Alaska: Lot 4, Block 5, Cook Inlet Industrial Air Park Subdivision, and the right of way between Lots 4 and 5, Block 5, Cook Inlet Industrial Air Park Subdivision, located in the Kenai Recording District, Third Judicial District, State of Alaska. is hereby amended to reflect that the term has been extended until June 30, 1991. LESSOR: CITY OF KENAI By: LESSEE: Wm. J. Brighton City Manager ROBERT C. JACKSON JACKSON SALES & SERVICE By: Name Title STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 01 1989. , being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires: _ STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 1989, WILLIAM 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 acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: For Council 5/3/89, AP Terminal Renovation - Approve Kluge's Proposal - Bid Furnishings & 1%u1 p. for Bar & Restaurant': CITY OF _ 210 FIDALGIO KEL. - - -- - - . - TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: William J. Brighton, City Manag''e//r FROM: Keith Kornelis, P.W. Director h jt�± DATE: April 27, 1989 SUBJECT: Airport Terminal Renovation Furnish and Install Furnishings and Ecruivment for Bar and Restaurant FOR: City Council Meeting of May 3, 1989 The contractor and architect have suggested that the general contractor on the project furnish and install the furnishings and equipment for the bar and restaurant under a change order to our existing contract. This would certainly be much easier for Public Works, however, we recommend against it because of the following reasons: 1. We feel it would cost less to bid the furnishings (items not requiring installation such as tables, chairs, etc...) as one bid and the equipment (items requiring installation such as stoves, ovens, bar equipment etc...) as another. Since they would be separate bids and under $100, 000 we would not need performance and payment bonds, thus saving 2%. We would also not have the 8% markup of the general contractor. We would also be getting actual bid prices instead of negotiated prices between a general and subcontractors. 2. As a general rule of thumb, (not a requirement or even a rule) whenever a change order of a somewhat unrelated nature is more than 10% of the original contract the owner should consider another bidding situation. This is just my opinion, especially when I think it can be done cheaper by bidding. I have attached a proposal from Kluge & Associates to provide d bar and restaurant bid package according to Public Works recommendation. Mr. Kluge has agreed that this will actually be two bid packages, one for furnishing furnishings and one for furnishing and installing equipment. Page 2 I would recommend the following increase to the Airport Renovations budget: Administration ...............................$ 520 A/E Inspection ............................... 2,480 Construction: Bar & Restaurant ..............$154,000 CO#5......................... 8,500 Other Contingency ............. 21,500. 184,000 TOTAL $187,000 KLUGE & A8SQC11ATES 1�i / P$Wnnere 'E'r�rMfl noY. fto" am K�nsi A�,rM !M"M April 25, 1989 Mr. Keith Kornelis, Public Works Director City of Kenai 210 Fidalgo Kenai, Alaska 99611 Re: JMNAI MUNICIPAL AIRPORT TBRMINAL BUILDING Dear Mr. Kornelis, As requested, I have prepared the attached not -to -exceed fee proposal for preparing a bar and restaurant bid package on the referenced project. These services will be provided in accordance with our current contract as additional services. It is our understanding that the City will provide the boilerplate to the specifications, printing of the contract documents, advertisement of the invitation to bid, and issue the bid documents. If you have any questions about the proposal or need more information, please call. Sincerely, KLUGE & ASSOCIATES Bill K1 , Architect attachment BK/mk file:8358.2.00/02 KENAI MUNICIPAL AIRPORT TERMINAL BUILDING BAR AND RESTAURANT BID PACKAGE SERVICES SCOPE OF WORK > Provide Division 1, General Requirements Specification > Edit original Section 11400, Food Service Equipment Specification > Edit original Section 12300, Cabinets and Storage Specification > Provide small key plan to outline areas in which work is to be done > Delete items on Sheets K-1, K-2, and K-3 of original documents which were included in the initial bid and add notes addressing mechanical and electrical rough -ins > Address questions arising during the bidding process > Attend pre -bid conference and prepare any addendum required > Attend bid opening and aid in bid reviews COST OF SERVICES Principal Architect 8 Hrs. @ $75/Hr. $600.00 Staff Architect 28 Hrs. @ $60/Hr. 1,680.00 Secretary 8 Hrs. @ $25/Hr. 200.00 TOTAL NOT -TO -EXCEED $2,480.00 KLUGE & ASSOCIATES April 25, 1989 �i Airport Terminal Renovation Change Order No. 5 - Approval 1791-19' CITY OF K H-10 210 FIQALGO KENAI, ALASKA 9MI TELEPHONE 293-7535 FAX 907.283.3014 MEMORANDUM TO: William J. Brighton, City Manager FROM: Keith Kornelis, P.W. Director C DATE: April 27, 1989 SUBJECT: Airport Terminal Renovation, Change Order No. 5 FOR: City Council Meeting of May 3, 1989 I have attached a letter from Kluge & Associates concerning Change Order No. 5. The summary below shows two different options for Change Order No. 5. CHANGE ORDER NO. 5 CHANGE ORDER NO. 5 (OPTION A) (OPTION B) Contractor CO#8 $ 943 . . . . . . Rain Leader Relocation . . . . . . $ 943 Contractor CO#ll 19,263 . . . . . . New Window Frames Cover Existing Frames . . . . . . 5,042 Contractor CO#_12 -538 . . . . . . Delete Door #9 . . . . . . . . . . -538 Contractor CO#13 2,965 . . . . . . Increase Area Behind Bar . . . . . 2,965 $22,633 CO #5 TOTAL $ 8,412 Change Order 5, Option A, would make window replacement a whole lot easier for Public Works since we would not have to remove the covers and the heating unit cabinet. However, I don't think that would justify spending the extra $14,221. Public Works recommends that the City Council approve of Change Order No. 5, Option B. After the City Council decides what they want to do I will write up the appropriate change order. LUGS IV Tralmmolov'suftwama K WMW April 26, 1989 Mr. Keith Kornelis, City of Kenai 210 Fidalgo - Kenai, Alaska 99611 MATES N Public Works Director Re: ICZNAI MNICIPAL AIRPORT TERXINAL RCTILDING Dear Mr. Kornelis, Attached are requested change orders for the referenced project. The change order numbering are the Contractor's, and are not to be confused with the actual approved changed order numbers, which to this date total four. I offer the following comments and recommendations regarding the attached requested change orders: CHANGE ORDER #8 The rain leader relocation addressed by this change order is a legitimate claim and should be approved. As a portion of the existing corridor wall was being removed a rain leader was discovered which was not shown on the drawings and was unanticipated. The copper pipe rain leader will be re-routed down a wall approximately forty feet away from the original location. "9'l.3 CHANGE ORDER #11 On the West side of the building the existing windows had wood over �s the aluminum mullions in the old bar and restaurant. The drawings for removing the wood and utilizing the window frames. When the ��,,nrContractor attempted to remove the wood covers it was discovered that ;the wood had been directly glued to the mullions with construction mastic. The adhesive is tightly adhered to the mullions and the Ni aluminum window framing cannot be cleaned to a presentable level. If ;7-- the mullions had been cleanable they still do not have a profile that matches any of the other existing aluminum. The change order offers two approaches to this problem and it is the City's option to choose. ., I recommend the first option as the proper solution. If the second KENAI MUNICIPAL AIRPORT .f �� A*A� �/8� �a ��� ��ffi 19, R465 April 26, 1989 - Page Two f3s COVE&AMArr--, * 4,3,i option is selected, the aluminum covers would have to be removed to replace a broken window. Window replacement with this option would also require removal of heating cabinets along the window. The column covers addressed by this change order were also covered with adhesive applied wood. When the Contractor attempted to remove the wood the aluminum came off with it. This portion of the change order is required in addition to which ever option the City chooses. CHANGE ORDER #12 As instructed by the City, we requested the Contractor delete door number nine as part of making the two small gift shops into one larger one. The credit includes replacing the deleted door with matching window wall.► Sag RANGE ORDER #13 A 2x4 stud wall was called out on the drawings for the bar framing. Last week I received a request from the Contractor to furr out the back bar side of this wall 1-1/211. The plumbing hub fittings were not covered by the 2x4 partition and the Contractor was willing to furr out the wall at no charge. I examined the drawings to make sure that this had no adverse effects on the bar layout. At that time I noticed the 3'-8" dimensions shown on Sheet A-4 of the drawings between the mentioned wall and back bar. After subtracting out the equipment depths and wall finishes this leaves 2' 1-1/2" of space. I felt this was very tight and called the kitchen consultant for his thoughts. He concurred with my feelings and recommended 3'-0" minimum of space. This change order reflects the cost of moving the wall and plumbing 11" to allow for the recommended space. # a�9,65 F'; In closing, I remind the Council that renovation projects normally ishould have a 10% contingency, which would be $69,770 on the original 1 !'contract amount. This contingency is a professional standard on :.`) 'projects of this scope and does not take into account the asbestos rf;]�,P �'problems we have encountered. If the City elected to approve the :;';:;replacement of the west wall window framing and the other attached :''change orders, the total non -asbestos related change orders on this ,project to date would be $24,176. I will be at the May 3rd council ?."':.meeting to discuss any questions the council might have. .:Sincerely, .,'KLUGE & ASSOCIATES " Bill K1 ge, Architect attachments ;tTTACH iT IME., OF_A_ file:8358.2.02/14 Robert D. Green d/b/a G & S CONSTRUCTION P. 0. Box 1493 SOLDOTNA, ALASKA 99669 262-6223 Phone I&VIRW TO _Kluge._- and Associates 130 Trading Bay Kenai, Ak. 99111 ­__ . . ...... We hereby agree to make the change (s) specified below: Number (PHONE �D E 0 3-1�7-89 JOB NAME/LOCATION Kenai Airport Terminal Remodel JOB NUMBER JOB PHONE EXISTING CONTRACT NO, DATE OF EXISTING CONTRACT The following is the costs to reroute the roof rain leader. At'1'PDTPn — Tha mK—a nrinaa chnei ananifi­fi­ of TO Robert D. Green d/b/a G & S CONSTRUCTION P. 0. Box 1493 SOLDOTNA, ALASKA 99669 262-6223 Phone 20MM Kluge and Associates 130 Trading Bay K '9961-1 We hereby agree to make the change (a) specified below: PHONE IF Number I I 04-14-89 Kenai Airport Terminal Remodel JOB NUMBER I JOB PHONE The following is the costs to remove replace the existing window wall -a -new -curtain wall-- ­--system-i us.i.ng....t-he.--exi-sting--in-a-u-1-a-ted glass. This would be the same system used in the slope glazed area. Sub -Contractor $16,860.00 Overhead and-Frofit $ 1 348--.00 Bond $ 364.00 Total $18,572.00 .... ... .... I ........ .. ­­ . ........ I ­.­......_._ 1. 1 ......... . Add for Covering of existing Columns (2). > Sub -Contractor 628.00 Overhead and profit 50 00 Bond 13 00 -------------------------------------- Y ----------------------------- Total 691.00 . ... . . . . . .. . .. . ... .. ... . ... .... ................. ... ... ..... ....... .. ..... ..... ... . . ....... .. ...... ....... ........ ..... ..... . ..... ...... . .. ... .... ... .. NOTE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change (s) specified above at this price $ DATE PREVIOUS CONTRACT AMOUNT $ SIGNATURE (CONTRA OR) AUTHORIZED REVISED ACCEPTED — The above prices and specifications of Date of acceptance this Change Order are satisfactory and are hereby ac- cepted. All work to be performed under same terms and conditions as specified in original contract unless other- i wise stipulated. i - r AV H I R T (OWNER) TO Robert D. Green d/b/a G & S CONSTRUCTION P. 0. Box 1493 SOLDOTNA, ALASKA 99669 262-6223 Phone =Z=U uige An _..Associates 130 Trading Bay Kdhd i Ak..__9 9 6.1.1 . We hereby agree to make the changes) specified below: Number ' Z— NOTE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change (s) specified above at this price $ `� —1 -L —3 cl PREVIOUS CONTRACT AMOUNT ; $ REVISED CONTRACT TOTAL 1 $ ACCEPTED —The above prices and specifications of this Change Order are satisfactory and are hereby ac- Date of acceptance cepted. All work to be performed under same terms and conditions as specified in original contract unless other- wise stipulated. _.y .. '' (OWNER) - . i i i�, Nh1ENT %nF S OFF_ WHITE • VENDOR ?PI?'ENiIO� •ACCOUNTING \RY •ACCOUNTING BLUE - SHIPPIN33 & RECEIVING 3REEN • APPROVED COPY PINK, REQUISITIONER PURCHASE ORDER CITY OF KENAI 210 FIDALQO ST. PHONE 283.7638 ' KENAI, ALASKA 99611 V tN JUK NU. 1 L A 0,J tyWAiASSOe TO SHIP VIA: BY y- is RELATING TO THIS PUR• CHASE. No. Dote bmiuvuv DATE PREPAY SHIPPING • CHARGE SEPARATE ON INVOICE F.O.R. PER OWIATION PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. DESCRIPTION OR ARJICI E owwtlTrp4MINp UNIT tMIT PRICE AMOUNT 9G � i 1S6,�t YAW -";91*9 oaflAJ4 Zo4AMO le /401�- I ej TOTAL 0/ Or. slplf/ 1 .2961001 i /I 07- : volm �7:- --- j rjA'r' 0� '�9 E78-J H'r. t°iUt�ICIPHL LEHGLE P.1 TELEFMONE (907) 586.1,32E MX 401.5480 217 SECOND STREET SUITE 200 JUNEAU, AIASM "001 FAX COVER LETTER Date: May 1, 1989 Total pages w/ ever: 3 Polbwing pages are for: MAYORS, COUNCILS, ASSEMBLIES, APPOINTED OFFICIALS IN ALL AML MEMBER MUNICIPALITIES From: SCOTT A. BURGESS, EXECUTIVE DIRECTOR Attached is information about the results of the House and Senate deliberations on the FY 90 Ong budget. Municipalities did not fare very well in either house, but there are very defirift ditrenoss, (e.g., 15 percent cut in municipal assistance in the House budget vs. 5 percent in the Senate budget) between the proposals of the two houses and it is imperative than the members of the Conference Committee hear from all of you that municipalities cannot accept the large cute proposed. in most cases, by the House. Please call the Conference Committee members now -- or send FAX m -- or send Public Opinion Messages -- aW KIWI them Your community sum #Me higher level of turwift for each key Jr11urA*W progmn. You wil be most elleative if you can let fhlPr legislators and their staff know the harm that higher cx #s will do to your mun ityr -- what services will have to be cut, how much taxes wi# have to be raised to malts up the difference, and how many people will boo #*r jobs beta Lm of the decisions of the Legislature. PHONE NUMBERS FAX NUMBERS Son. Johns Sinkley 465.4985 465-3841 or 465-3700 Son. AWLAMWO 485-4821 465-W41 or 465-3700 Sen. Jtm man 465-4766 465.3841 or 465-3700 Rep. Ron Larson 485.3727 465-2718, 4+65-3841, or 465-3700 Rep. Lyman Hoffman 465-4453 465-2718, 465-3841, or 485-3700 Rep. SW** Rft*r 465-2995 465-2718, 465-3841, or 465-3700 To send a Public Opinion Message, call Alasoom at 1-800-478-9500 and tell the operator that you would like to send a Public Opinion Message. Use 15 words or less. MEMBER OF THE NATIONAL, LEAGUE OF CITIES AND TMC NATIONAL ASSOCIATION OF COUNTIES MAY 0-2 '89 08'03 A;K MUNICIPAL LEAGUE P. may 1, 1'm COO ENCE COMMITTEE SELECTED -- FINAL BUDGE' WORK BEGINS TODAY The Senate passed its version of the FY 90 budget on Saturday, and. the Conference Commktes will begin work today. Conference Committee members are: House: Ron Larson (4807 M Lyman Hatt man (406-4453) Steve ' (466- ) Senarte: Johns Binkiey (465.4M) Rick Uehlirag (41ff"MI ) Jim Durwar► 06 -4706) The Conference Committee vWl have to choose a level of funding at or between the funding levels approved in -each house's version of the FY 90 budget. In one can (education foundation) the Flog number is better for local ga--matents, but in most other case$ (mun qW assistance, roeenue wring, pupa tranepc�rtatir r►, school debt reiernent, pow oust bcgWailticm) the nursers are betier. Piesse contact r wMwrs of the Conkrenoe Ceanerrnow and lot #wm know that yeu, as m pry minMeiaeat of A ae'a eft huwft for munlelpal old ptr q ne at the hWWW Iavaal palre" within these parameters. eL9911M Houea Budoet Lrnrel ate Budget Level Muni sal Assistonos $ 47,871,800 Revenue Sharing 36,896,100 Senior CWzWW 205ti7,900 Dig. Vets. Prop. Tax Education Foundation 471 iSOC100* *the 1000 Is, to &i on addMWW WS miftn in the reaper- on bM Pupil Tranapatation 20,142,200 School Debt RokYbumement 104,024,200 Power Coat Equalization 16.189,100 Shared Taxes for all but fisheries, amount due to local gouts. under statute., fisheries at $12,200,700 53 38,7r34,700 X557r900 470,398,100 28,11000 1009472*700 17,101,300 for all, amount due to local gouts. under statute _NAY 02 '69 08:04 AK MUHICIPAL LEAGUE P.3 Conference Cort"itlee Alert may 1, ion pqp 2 BINDING ARDITRAIUMI UPDATEIII •� �'�,� a a ♦. • w:v i� w.' •m... a�. k u M' n Mi. kI d7.. t u .. 711 f� • i�, 7f .,. w ,• •^r,. 4. •._; • "M t:," Mi 1 if While CSSB -15 (WM) Is better than the original 58 15, the CS (H'ESS) does mandete bat eaMt lMMr P"ka@e b1imil" aii*illradon for A# Oeschers and pon- cerma *Am*M" as Owitat N a is fn;bir I by the o we# as ' j' swWW " =AO• ' (ia . The CS does have some "bWovernente over the original mill and previously considered CS's. These irnprovenwtu include: 1) a district is allowed to freeze salaries at the prior year levels when the comwt expires; 2) a district is allowed to reduce tenured tee due to a "reduction in kinds. available"; 3) a district is allowed to lay ott tewtdws I an award increases costs; and 4) the law has a 1803 sunset. 1791- IMI CITY OF KENAI " Del eapdw 4 4" 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 2S8 - 7535 FAX 907-283-3014 MEMORANDUM TO: William J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: May 3, 1989 SUBJECT: Street Improvements FOR: Council meeting of 5/3/89 Below is a list of City streets that need to be upgraded. At this time they take a great deal of maintenance. 1. Fathom/Toyon intersection - paving, drainage, etc.. 2. Aspen Street & Fifth Street off of Birch - R.O.W. gravel, drainage, etc... 3. O'Brien Court, Third Ave., & First Ave., east off of Forest Drive - R.O.W., gravel, drainage, etc... 4. Kulila Place, Dolly Varden, Colonial (east of Candlelight), Baker, & Kiana, (east of Linwood), Davidson, R.O.W., gravel, drainage, etc... 5. Wildwood Drive - Paving 6. Old Town Streets - (already engineered) 7. Trading Bay - Paving, drainage, etc... - (already engineered) 8. Three "W" Subdivision 9. Chisick (between King Salmon to Mink Ave.) 10. Alpine (only goes to one resident) Unified by Heather Allen ' "An an effort to increase voter participa- tion in the West and Northwest, the House last week passed legislation to `require a unified poll closing time by a vote of 238 to 154. ' The "Uniform Poll Closing Ait, (H.R.18)" would prevent television net- works from predicting election results while people are still voting. in many states. Rep. Barbara Vucanovich (R-Nev.) stated, "that the bill would restore the projection that every vote counts equally." She went on to comment that the increase of presidential voters in the West will undoubtedly spillover into lo- cal elections. The bill would require a simultaneous 9 p.m. Eastern Standard Time poll dos- . � -. .... ...e-. .�.. ....__ .,< w.r!uysa>•.�e . . mr�( •k. >• -.. _ .., _'e��d � a;,•.�rir . �:,x .atnt� ..., ,r yr; ing during Presidential election years. As passed, that would require a $.pm. Cen- tral Tune and a 7 p.m. Mountain Time closing. In the Pacific time zone, daylight savings time would be extended bir two r weeks. _ Sponsor of the bill Rep. Al Swift (D- Wash.) described H.R.18 as being the. least intrusive and disruptive solution. "Three-forths of the states will change by an hour or less and none will be asked to do what no other state is doing," com- mented Swift. The legislation will now move to the Senate, where a previous House -passed bill was turned down at the end of the 100th Congress. However, Swift said, "the proposal has been picking up sup- port, not losing support, over the past ` ; year. ❑, r �,x , 77MFa ) m0.n acD ^rT r a m344 ON, (A ryDr•DM •+fro ^C xm•Oa•n C� Da0 rry r• •qr Mo mroro304 aDaDDO •n H w bO - O- r N 0, .;, HD3 a 7P 7P D ry DtD a •1 Krt D 3 0. 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Y S H = w L .r a/ A •A >. •• C o m C m w� -0 NO Z O t7' m 10 INw O O .W a)Aum>wa.A•pOs ..7✓mE 101 m C .� S ✓aam .w•74..iI adw U Uw n1 >4 ✓a -0 1 U 1 0V C , 1 W >. I 10 -0 m m (Nd U� m 0z 1 vP1 W 0 m JJ j a m OfA O 0tiU9 4J B?o1 �P a M->-I =v w ✓a U OC- w o •av�• CUV t O .4. V •wAW WEw muma+U Cm0 02 mUO Z. 9.0 rCn ✓ w C wa M d W p > ! > p w o tl u QA70•. OV C✓ wOm O W 0 1 tl C•a -to+ w•Atl0� C.uaumum z I • o 0 ad 0m 00 S US O w a 2v>3 O?U Onmtr-a. POa am 10 w aZ .O y nN.m a o aE�q 10 TO DO LIST April 18, 1989 KENAI CITY COUNCIL WORK SESSION 1. C. Brown, Dave Burnett - Work with Dr. Hansen re/EMS Proposal: a. Develop training plan b. Review of Interqual Program C. Include Borough Service areas (Discuss with Borough Mayor) d. Costs for replacement person during training period e. Research grants, WICHE Program, airport funds for funding f. Review proposal for EMS Coordinator within dept. g. For August 24, 1989 work session jr n/ p o TO DO LIST April 19, 1989 KENAI CITY COUNCIL 1. B. Brighton - Work with Council, Atty. Rogers, Economic Development Comm. and staff on Study/Plan for Economic Impact of Oil Spill a. Resolution for May 3 meeting, if necessary b. Funds from Economic Development Comm. budget, Harbor Comm. budget and contingency. Telephone Poll if necessary to approve transfers. C. Prepare contract with Doug Coughenower (Work with T. Rogers, V. O'Reilly) 2. J. Williams - Write letter to Sen. Fischer re/fire truck allocation from Legislature and distribution of balance of funds from Congregate Housing study 3. T. Rogers - Prepare new bid documents for airport terminal restaurant and bar, add equipment 4. J. Ruotsala - Notify Bob Scott of appointment - EDC 5. K. Kornelis - Prepare list of streets that need a great deal of maintenance, for upgrade with excess funds 6. J. Ruotsala - Prepare for Student Govt. Day, May 3 7. H. Hackney - Report at May 3 meeting re/trailer and boat on Spur across from mortuary jr x, I V, P o em y TO DO LIST April 24, 1989 KENAI CITY COUNCIL WORK SESSION 1. B. Brighton - Report from Dept. heads re/requests for additional personnel: a. Justification (increased work load?) b. Part time or full time C. Any grant money available to offset costs d. Reports due for June 7 meeting 2. K. McGillivray - Get price of materials to build covered picnic area by ball fields jr ZNFo-, qI IA_ 4_111111� lilv 51 Kenai Peninsula Non -Profit Association E_7 u b, 57� e gar Hig Lma Kenai, Alaska Minutes oflast meeting and list of interim officers attached. Call if you have questions. The purpose of the organizations is to establish a voice for the non-profit organization permittees. KENAI PENINSULA NON-PROFIT ASSOCIATION TENTATIVE AGENDA MAY 1, 1989 1. Call to Order 2. Approve Agenda 3. Approve Minutes from April 17, 1989 4. Treasurer's Report 5. Committee Reports A. By-laws Committee - Mary Hawkins, Doug McKenzie, Tommy Thompson B. Statute Change - Les Borgen C. Legislative Report - Jack Brown 6. New Business: A. Possible waiver of $50 dues structure for small non-profit organizations /estabiish tnat variance B. Attenaance 7.Old Business: A. Letters to Hugh Malone and Legislators _ B. Press Release C. Mailing list 1.) Determine how long to keep non -active permit holders on mailing list due to postage expense D. Letters of voting authorization from all organizations are needed '�- KENAI PENINSULA NON-PROFIT ASSOCIATION M1iWTES April 17. 1989 The organizational meeting of the Kenai Peninsula Non-profit Association was held Monday. April 17. 1909. at the Eagles Club In Komi. Alaska. The meeting was called to order at 7:10PM. by Interim chairman. Tom Jantz. Those present were: F.O.E. *3525 - Tommy Thompson. Pat Sullivan American Legion Post ;2C - Les Dorgan Nia lchik Fair Association - flary Hawkins Soldotna Chamber of Commerce - Tom Jantz. Kathy Scott Young American Bowlers - Doug McKenzie Saldotna Lions Club - Roy Glades Kenai Peninsula Builders Association - Pat Vincent The Kenai Peninsula Non-profit Association will act as'aa advisory group who will make recommend8 Iopp to the State or AIAALS rdin It is Mi goal if,KRA toss W"that a State 6a ming Commission is formed, and that regulations affecting non-profit organizations focus on the original Intent of the law. Serving on the Interim Executive Committee until by-laws are drawn and adopted are Chairman Tom Jeatz, Vice-Cbpirman Los "on. Secretary-Tressurer Pat Vincent. The By-laws Comemittee Members are Mary Hawkins. Tommy Thompson. and Doug McKenzie. Kathy Scott will assist. The first meeting will be herd Thursday. April 20. 1989. at 4:00 PM. at the Eagles. Club. A working draft will be sent to all who were present. MMSA to fund the KPIIA with donations of :s0 per member. This money will be rapplied to membership dues. the zmoun.. to be determined by the f y-13 s Committee. In the event the Xenai Peninsula Non-prafit Asscciation is disbcnrzed. the remaining money will be divided equally between the doners. MMSA to establish a two signature checking account with the donated funds at the National Bank of Alaska in Kenai. until the by-laws have been ratified. signers will be the Interim Executive Committee members. Tom Jantz. Les Bergen, and Pat Vincent. The short term action plan of the KPNA was discussed. Letters and a copy of the minutes will be sent to Department of Revenue Commissioner Hugh Malone. the Department of Commerce. and to the legislators who participated in the March 30. 1989. teleconference. A motion was made. seconded and unanimously approved to clearly define the terms 'vendors' and "non-profit' organizations. The legislature will be asked to consider these definations. and to withhold making any changes in the present charitable gaming laws until this advisory group has an opportunity to study the proposed changes. Improvement is needed in the new financial reporting forms. and this Issue will be addressed at a later time. The Kenai Peninsula Non-profit Association will meet on the first and third Monday of each month. at 7:00 PM, at the Eagles Club. The meeting was adjourned at 8:30 PM. Respectfully Submitted, Pat Vincent. Secretary - Treasurer KENAI PENINSULA NON-PROFIT ASSOCIATION (ENECUTI�E COMMITTEE CHA1 AN: Tom Jantz Soldotna Chamber of Commerce Box 236 Soldotna, Alaska 99669 262-9814 262-9324 (work - Pay & Save) VICE-CHAIRMAN: Les Borgen American Legion Post *20 Box 1044 Kenai, Alaska 99611 283-9922 SECRETARY/TREASURER: Pat Vincent Kenai Peninsula Builders Association Box 1753 Kenai, Alaska 99611 776-5719 a ,:T7 IV P-0 - 6 A. B. C. D. E. KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES MARCH 21, 1989; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA lc,"?` : �• A G E N D A- <„' `�\ Page Nbr. CALL TO ORDER PLEDGE OF ALLEGIANCEw 4 u d INVOCATION: Rev. Morrison Fisher, i `4-Ch4g�� r: c ROLL CALLl. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: March 7, 1989 1 Adptd G. COMMITTEE REPORTS as Amnd 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 (a) Ord. 89-14 "Appropriating Funds for Removal, 1 Recnsd Testing and Protection of Underground Storage Enacted Tanks and. Establishing the Underground Storage Tank Program Fund" (Mayor) (Nash notice 3/7/89) J. AGENDA APPROVAL AND CONSENT AGENDA (a) Vacation of portion of Chinook Rd. south of Lots Z 5 and 6, Block 1; portion of Chinook St. south of Lot 6, Block 1, west of Lot 4, Block 2; and adjacent utility easements; Huhndorf Subdivision ** PRESENTATION OF THE KPB SCHOOL DISTRICT BUDGET Z K. ORDINANCE HEARINGS (a) Ord. 89-13 *Authorizing the Disposal of Borough 5 Lands for Public Right-of-way to the State of Enacted Alaska, Department of Transportation" (Mayor) (b) Ord. 89-13 "Amending the Borough Code of Or- 5 dinances Concerning Assembly Member Term of Of- Enacted fice and Election of Assembly Officers" (Glick, McGahan, Poindexter, Hodgins, Skogstad, Brown) L. INTRODUCTION OF ORDINANCES (a) Ord. 82-17 "Amending Kenai Peninsula Borough 5 Code Section 21.01.025 to Allow Cities to Make Hrg 4/18 Minor Amendments to City Comprehensive Plans" (Mayor, Req. Planning Commission) (b) Ord, 89-18 "Appropriating $350,000 from the Un- 5 designated Fund Balance of the South Peninsula Hrg 4/18 Hospital Service Area Fund Balance" (Mayor, Req. SPHSA Board) M N. 52 CONSIDERATION OF RESOLUTIONS page Nbr. (a) Res. 89-26 "Recommending Passage of Senate Bill 6 184 Establishing the Redoubt Bay Critical Adptd Habitat Area" (Mayor) (b) Reis. 89-27 "Recommending Concept Approval of the 7 Kenai Peninsula Borough Coastal Management Adptd Program" (Mayor) (c) Res. 89-28 "Selecting the Certified Public Ac- 9 counting Firm to Conduct the Audit of Borough Adptd Accounts" (Finance Cmte.) (d) Res. 89-29 "Authorizing the Mayor to Award the 10 Construction Contract for construction of New Adptd Seward Elementary School" (Mayor) (e) Res.. 89-31 "Authorizing the Mayor to Award a 10 Contract for the Construction of the North Adptd Peninsula Pool Sandblast and Refinish Project" (Mayor) PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) (a) Ord. 89-5 "Amending Kenai Peninsula Borough Or- dinance 81-47 Which Adopted Municipal Powers Necessary to Provide Ports and Harbors, Wharves, and Other Marine Facilities in the Borough Out- side Cities, to Remove Restrictions on Expendi- tures and Hiring" (Hodgins/McGahan/McLane/Brown/ Glick) POSTPONED TO 6/6/89 (b) Ord. 89-16 "Prohibiting the Conduct of Games of Chance and Contests of Skill by Operators and Limiting the Conduct of Such Activities Within the Kenai Peninsula Borough to a Person Holding a Permit Under A.S. 5.15.100" (Brown/Nash) HEAR 4/4/89 (c) 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 4/4 (d) Ord. 88-27(Revised) "Amending KPB Title 21 to Add a New Chapter 200 Pertaining to the Burial, Dumping, Transporting, Storage, Incineration, or Other Disposal of Potentially Harmful, Toxic or Hazardous Waste Mataerials, and Amending KPB 10.10 Pertaining to the Waste Disposal Commis- sion" (Nash) Referred to Plan. Cmsn./Assm. T.F. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS 0. MAYOR'S REPORT (a) Memo 89-25, Seward School Enrollment R. OTHER BUSINESS Page Nbr. (a) Res. 89-22 "Authorizing the Transfer of Unex- 11 pended Minor Capital Project Funds from Various Failed Minor Capital Projects in the Amount of RemovaL $233,859.69 to an Account for the KCHS from Grandstand Bleacher Project" (Mayor) TABLED 3/7 Table Motion to remove from Table S. ASSEMBLY AND MAYOR'S COMMENTS T. INFORMATIONAL MATERIALS AND REPORTS (a) Revenue and Expenditures Report (b) Application for restaurant/eating place license U. NOTICE OF NEXT MEETING AND ADJOURNMENT (Apr.4, 1989) KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES MARCH 21, 1989; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER The regular assembly meeting was called to order at 7:30 p.m. by President Jonathan W. Sewall. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Rev. Morrison Fisher of the Kenai Bible Church. D. ROLL CALL PRESENT: Assemblymembers Brown, Carey, Crawford, Glick, Hodgins, Keene, McGahan, McLane, Mullen, Nash, O'Connell, Poindexter, Sewall, Skogstad, Walli; Mayor Gilman, Atty. Boedeker, Plan- ner Spearow, Public Works Director Brown, Borough Clerk Brindley EXCUSED: Assemblymember Moock E. VACANCY, DESIGNATION OR SEATING OF ASSE14BLYMEMBERS F. APPROVAL OF MINUTES The minutes of the regular meeting of March 7, 1989 were approved with two minor corrections; insertion of "McGahan" after "Assemblymember" on Page 10 and change from "defeated" to "tabled" on agenda for Res. 89-22. G. COMMITTEE REPORTS (a) Finance (Chm. Crawford, V. Chm. Carey, Glick, O'Connell, Nash, Walli) Mr. Crawford reported the committee discussed agenda items. (b) Local Affairs/Legis. (Chm. Skogstad, V. Chm. Mullen, Glick, McGahan, O'Connell, Poindexter) Mr. Skogstad reported the committee discussed agenda items. (c) Public Works/Ed. (Chm. McLane, V. Chm. Moock, Brown, Hodgins, McGahan, Skogstad, Keene) Mr. McLane reported the committee discussed in addition to agenda items, one which should be added, Res. 89-31. H. REPORTS OF COMMISSIONS AND COUNCILS (none) I. MOTIONS TO RECONSIDER (a) Ord. 89-14 "Appropriating Funds for Removal, Testing and Protection of Underground Storage Tanks and Estab- lishing the Underground Storage Tank Program Fund" (Mayor) (Nash notice 3/7/89) ASSEMBLYMEMBER NASH MOVED TO RECONSIDER ORD. 89-14. Mr. Nash urged the reconsideration of the ordinance and reopening of public hearing. Mrs. McGahan supported the motion, stating the title does not indicate the decision to do the work "in- house". Mr. McLane also reported his support. 1 THE MOTION WAS APPROVED BY A VOTE OF 11 YES TO 4 NO: YES: Poindexter, Hodgins, McLane, Mullen, Glick, Sewall, McGahan, Brown, Keene, Nash, Carey NO: Skogstad, O'Connell, Crawford, Walli Ord. 89-14 was placed on the regular agenda for action under Or- dinance Hearings. J. AGENDA APPROVAL AND CONSENT AGENDA Mr. McLane requested Res. 89-31 be added to the agenda. Pres. Sewall noted the Mayor had requested the withdrawal of Res. 89-30 from the agenda of this meeting. Pres. Sewall stated he would place "Presentation of the KPB School Budget" immediately follow- ing Agenda Approval. There was no objection to any of the changes] the agenda and Consent Agenda were approved as follows: (a) Vacation of portion of Chinook Rd. south of Lots 5 and 6, Block 1; portion of Chinook St. south of Lot 6, Block 1, west of Lot 4, Block 2; and adjacent utility easements; Huhndorf Subdivision ** Presentation of the Kenai Peninsula Borough School District Budget by Betty Obendorf, School Board Clerk. Mrs. Obendorf read a letter from Mrs. Martin, President of the Board, who was unable to attend. The letter noted the budget was approved by the Board on March 13, 1989 as a "status quo" budget with changes only occurring in contractual agreements, minor ad- ditional staffing to accommodate projected enrollment and health insurance increases. The this totals $3,213,446 and is offset by additional funding from the state. The local share request is $17,576,869 which is $28,999 less than the current appropriation. Services will be basically the same as this year. Badly needed equipment was eliminated from the first draft because of budget constraints, leaving a wide disparity between schools which have had construction dollars to purchase new equipment and those which have not. Mrs. Obendorf stated in addition that a rumored surplus projected for the end of this year is false. She related concerns for full state funding of the foundation program which could require the cutting of this budget even further, asking support for keeping the $60,000 unit value in place. In answer to Pres. Sewall's question, Mayor Gilman stated the resolution providing the amount of the local share would be on the April 18 agenda with introduction of the appropriation or- dinance at the same meeting. K. ORDINANCE HEARINGS (a) Ord. 89-14 "Appropriating Funds for Removal, Testing and Protection of Underground Storage Tanks and Estab- lishing the Underground Storage Tank Program Fund" (Mayor) (Nash gave notice of reconsideration 3/7/89) Pres. Sewall reopened public hearing. ary superman, North Kenai, believed the Public Works/Maintenance Departments have found the workload slack and decided this project was the remedy. He stated after reading background in- formation he believed estimates of cost if contracted out were incorrect and if the projects were done in-house and cost less that would be precedent setting. He urged a no vote on the or- dinance and a stop to the intrusion of government into the private sector. KWNA?_A$t TKE" BQRDL iiLBS.S j+YMMUN+Q 0�.1tSAICH 21. 199 , Soldotna, did not believe the borough could do the project fbr lass than the private contractor could. He referred to a rood project done by the Matsu Borough which overlooked re- quirements that have resulted in starting over. He reported recently taking out four underground storage tanks and had the necessary *Xpertise. Be cautioned against taking the low bidder which could increase the liability. Be did not think borough employees had the dirt mover experience required to do the job. Kalifonsky, reported he has been working on the cleanup on Pommy Lane. He felt there were many things not under- stood, one being that if employees do work of this kind they should have the OSRA 40 hour class which costs $800-$1,000 plus per diem to take. Vagn porter, Soldotna, stated he was not an excavator but did not believe any boron h employee would have the expertise or incen- tive to get the ob done that a private contractor would. He believed there were many in the private sector who qualified to do the job without creating a sees. Jahn Kistler, Soldotna, reported he has attended EPA and DEC meetings on the underground storage tank problem because, as a resident of a rural area which, depends on oil for heat, he will personably face the problem eventually. He noted the borough operates a vehicle repair section, a printshop and other depart- ments which compete with the private sector while paying higher wages. Public hearing was closed. Mr. Nash stated his intent was to see the ordinance modified to allow for a division of the projects by area so that part of the process could be accomplished to allow for inspection and then finished. Mr. Crawford noted the wording of the ordinance does not address the details Mr. Nash outlined for doing the work. Mrs. McGahan believed government is supposed to do for people what they can't do for themselves and in this case, many privatee' contractors in the area are knowledgeable in this field. ASSEMBLYMSMOER XCGAHAN MOVED TO AMEND SECTION 4 TO THE WORDING NORMALLY USED WOZY A '.PROJECT IS TO GO TO BID, ASKING THE ATTORNEY TO PROVIDE COWWC'T LANGUAGE. While Atty. Boedeker drafted the requested wording, discussion continued. ASSEMBLYMEMBBR HODGINS MOVED TO POSTPONE ORD. 89-14 TO APRIL 4. In response to a question in regard to figures in the memo, Mayor Gilman stated his preference for a "yes" or "no" to outside con- tracting from the assembly. if the assembly states the policy is to use contractors, administration will find a consultant who has the expertise to draw specifications in order to take the project to bid. If that is the assembly's preference, the ordinance should be left on the table until those bid documents are prepared so that a knowledgeable appropriation figure could be approved. He reported the borough departments have been wres- tling with the problem for 90 days to determine the best avenue to take. MR. HODGINS WITHDREW HIS MOTION TO POSTPONE. Atty. Boedeker suggested the following wording for Section 4: "That the Mayor is authorized to prepare specifications, perform such testing as necessary and advertise for bids to accomplish the upgrade, replacement and removal of the underground storage tanks in accordance with this ordinance." There was discussion of increasing the figure in Section 2 and 3 to what it was estimated doing half of the projects by contract, for $160,000 or all of therm for $197,000. The Mayor recommended leaving the ordinance as written (with $125,000) until the exper- tise needed to :make an accurate estimate was found. If more funding is necessary an additional appropriation could be made. The engineer's estimate is generally 7-10% of the project cost. Mr. Carey believed it was a clear case of the public sector ver- sus the private sector but he spoke against putting down borough employees who are dedicated public servants. Mayor Gilman recalled the borough contracted out operation of the Sterling Special Waste Site because it was costing so much but it has just spent $1.3 million to clean it up. Although he did not believe this project in the same category, the plan was to work internally, developing expertise in working with waste problems which was a recommended program when no one was found in-house to evaluate expected di"sal permits. He stated all 47 tanks will be handled through some type of professional services including metering, monitoring, testing, etc. That will not be done in- house. Pres. Sewall passed the gavel in order to speak against the amendment although he would probably be in favor of future por- tions of the work being contracted out. He felt it did not make sense to spend more taxpayer's money to subsidize the private sector. He noted this is not just a borough problem and there will be many businesses faced with the same need. He agreed with the Mayor that the preliminary jobs should be accomplished in- house. Also, he noted, borough salaries are just as good in cir- culation as anyone else's. Mrs. McGahan returned the gavel. Mr. Skogstad spoke against the amendment and for allowing the Mayor to learn necessary factors through a few in-house jobs, hoping future tanks could be handled by outside contractors. He felt as custodian of the public dollars it was his responsibility to get the most possible for them. Mr. McLane believed the portion of tanks assigned for this year could be done by private contractors utilizing borough consult- ants in a supervisory mode or as owner's representative on site. It is done in the private sector on this type of project. He spoke against trying to write specifications on the floor of the Assembly. Mr. Brown stated he understood concerns about liability and cost of labor and had been convinced it should be done in-house, but he could not find a constituent who agreed with that. He reported hearing from many in the private sector who had the ex- pertise and should have the jobs. Mr. Mullen believed if the liability remained with the borough even though the project is contracted out, it would be a set up. THE MCGAHAN AMENDMENT FAILED BY A VOTE OF 5 YES TO 10 NO: YES: McLane, McGahan, Brown, Nash, Carey NO: Skogstad, Poindexter, Hodgins, Mullen, O'Connell, Crawford, Glick, Sewall, Keene, Walli Mrs. Walli asked for verification that part of the projects would be bid out and part of them accomplished in-house and Mayor Gil- man stated this was correct. ORD. 89-14 WAS RE-ENACTED BY A VOTE OF 10 YES TO 5 NO: YES: Skogstad, Poindexter, Hodgins, Mullen, O'Connell, Crawford, Glick, Sewall, Keene, W'alli NO: McLane, McGahan, brown, Nash, Carey (b) Ord, 89,13 "Authorizing the Disposal of Borough Lands for Public Right-of-way to the State of Alaska, Depart- ment of Transportation" (Mayor) ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT OF ORD. 89-13. Mr. Skogstad reported Local Affairs had a do pass recommendation. Public hearing was opened and as no one wished to speak, was closed. ORD. 89-13 WAS ENACTED BY UNANIMOUS CONSENT. (c) Or(i, 89-15 "Amending the Borough Code of Ordinances Concerning Assembly Member Term of Office and Election of Assembly Officers" (Glick, McGahan, Poindexter, Hodgins, Skogstad, Brown) ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT OF ORD. 89-15. Public hearing was opened and as no one wished to speak, was closed. ORD. 89-15 WAS ENACTED BY UNANIMOUS CONSENT. Pres. Sewall called a 10 minute recess. L. INTRODUCTION OF ORDINANCES (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) ASSEMBLYMEMBER GLICK MOVED TO SET HEARING FOR ORD. 89-17 FOR HEARING ON APRIL 18, 1989. Mr. Skogstad reported Local Affairs Cmte. had a "do introduce" recommendation. Mr. Nash suggested administration consider the amendment he had proposed to Section 2, 21.01.015(B)(5). He felt the paragraph had potential problems due to contradictory phrases and timing problems. Pres. Sewall asked his amendment be carried forward with the or- dinance. He passed the gavel in order to comment the page indi- cated by Mr. Nash seemed unclear and hoped improved language would come out of the Local Affairs Cmte. consideration prior to enactment. The gavel was returned to Pres. Sewall. THERE WAS NO PUBLIC COMMENT AND THE ORDINANCE WAS SET FOR HEARING BY UNANIMOUS CONSENT. (b) Ord. 89-18 *Appropriating $350,000 from the Undesig- nated Fund Balance of the South Peninsula Hospital Service Area Fund Balance" (Mayor, Req. SPHSA Board) 5 ASSEMBLYMEMBER GLICK MOVED TO SET ORD. 89-18 FOR HEARING ON APRIL 18, 1989. Mr. Crawford reported the Finance Cmte. discussed the ordinance and related a request by the chairman of the Operating Board that the ordinance be introduced and that a public hearing on it and the hospital budget be held on April 11 in the Homer area. Pres. Sewall stated his initial intention was to hold the as- sembly meeting in Homer, but with the school budget coming up that date he felt the assembly should stay in the central area. He has requested the Finance Cmte. to hold the hearing and urged any interested people to attend. Mr. Crawford requested all lo- cal representatives to attend. ORD. 89-18 WAS SET FOR HEARING BY UNANIMOUS CONSENT. M. CONSIDERATION OF RESOLUTIONS (a) Res. 89-26 "Recommending Passage of Senate Bill 184 Es- tablishing the Redoubt Bay Critical Habitat Area" (Mayor) ASSEMBLYMEMBER SKOGSTAD MOVED THE ADOPTION OF RES. 89-26. Mr. Skogstad reported Local Affairs Cmte. discussed the resolu- tion and voted 4-2 to support adoption. Jim Faro, biologist with the local office of Fish and Game, reported SB 184 was introduced by Sen. Paul Fischer at the re- quest of Cook Inlet Aquaculture, Kenai/Soldotna, Homer, Ninilchik and Cooper Landing Advisory Cmtes., the Peninsula Trappers and the local chapter of the Audubon Society. He reported it is a complex issue on which he has spent a major part of the last 5 years; working with public input. He described Redoubt Bay as a coastal marsh; the area being considered is 180,000 acres. The high water table has resulted in a fish and wildlife treasury. He reported species of birds which are unique to this area make it of international interest. The present bill is a compromise for protection of both the wildlife and people use, maintaining existing public uses such as commercial and sport fishing, hunt- ing, trapping, landing of aircraft and boats, camping, etc. The two landowners are protected with guaranteed access. He reported there is ail and gas development in the area with a pipeline run- ning from Forelands to the Drift River terminal which will con- tinue to be maintained. The latest version of the bill adds an advisory committee which would serve only when the state proposed a change in usage. In answer to questions he reported recommending a committee of five but that might be enlarged. A Cannery Creek land disposal put 35 lots into private ownership and continued land disposals would jeopardize the valuable salmon spawning streams in the area. The committee would be similar to a policy making body with the ADF&G acting as staff. It would be appointed by the ADF&G and probably serve without compensation. Future develop- ment in the area would be allowed only if it did not jeopardize existing uses. Mayor Gilman identified location of the proposed Marathon waste site as between Trading Bay and what would become the Redoubt Bay Critical Habitat Area. Tom Mears, Exec. Director of Cook Inlet Aquaculture Assn., stated the bill serves the interest of the fish and game that inhabit the area as well as the people who utilize the resources of the area. He stated utilization of fish and game resources would receive priority should there be competing uses in the future. ARHAI PENINSULA BOROUGH ASSEMBLY MEETING OF MA CH 21. 1989 There are important recreational fisheries at Big River Lakes and in the Ruseaten River and an expanding commercial fishery along the coast. He indicated he was not concerned about who appointed the advisory committee or whether there was a committee at all. Dennis RanAn, Kasilof, supported the type of legislation which protects existing uses. Lorreta Broaden, Kenai, reported having spent a lot of time in the area and spoke for protection of the essential habitat of the fish and wildlife species. She felt the committee would give better oversight of the habitat to the borough. She noted the bill provides for many uses and as the demand for recreational areas increases, this type of land will need to be available. Mr. Hodgins commented the State of Alaska is over controlled and as a person who has used the area extensively, he believed the type of land we& its own control. Mr. Crawford believed the concerns expressed for protection of this area would be taken care of by the Borough Coastal Manage- ment Program. He felt the borough would receive better notifica- tion of proposed activities through this program than from ADF&G as a result of this bill. Mr. Poindexter stated Alaska is more controlled by various desig- nations than any other state and the number continues to in- crease. His'`expressed concerns for wildlife but also for resi- dents of the Peninsula and hoped future generations would have the same opportunities as those who reportedly earlier built cabins in the area. He had observed once ADF&G had jurisdiction over a piece of land it was very difficult to develop. Mrs. McGahan reported her earlier similar position, followed by disappointment in the lack of responsibility shown by industry, government agencies and others. She believed the habitat desig- nation would be beneficial and supervision by ADF&G an improve- ment of DNR. She credited good management for the increased sal- mon runs enjoyed in recent years and believed this a good com- promise measure that is needed. Mr. Mullen stated if government is a trustee of public lands, the public trust has to act responsibly regarding this type of stew- ardship. Mr. Carey reported watching government lock up much of Alaska but this is doing the opposite in allowing existing uses. RES. 89-26 WAS ADOPTED BY A VOTE OF 10 YES TO 5 NO: YES: Skogstad, McLane, Mullen, O'Connell, Sewall, McGahan, Brown, Keene, Nash, Carey NO: Poindexter, Hodgins, Crawford, Glick, walli (b) Res. 89-27 "Recommending Concept Approval of the Kenai Peninsula Borough Coastal Management Program" (Mayor) ASSEMBLYMEMBER SKOGSTAD MOVED THE ADOPTION OF RES. 89-27. Mr. Skogstad reported Local Affairs Cmte. spent considerable time on this resolution, hearing concerns from the public and discus- sion. The committee recommended postponement to April 4 for pos- sible changes. Pres. Sewall stated it was his understanding the concept, ap- proved by resolution goes to the state and the state comes back with recommendations and then the public hearings would proceed throughout the borough. If changes were recommended at that time what would the process be? Mayor Gilman stated the Planning Com- mission and committees have been working on this for some time with public input. This resolution presents the policies that will later be incorporated into an ordinance within 90 days of approval by the Coastal Policy Council which will have compared it with the full stets plan and federal law for consistency. If there are dtianges•at the ordinance level it will have to go back to the Coastal Policy Council again. Dennis Rands, Kasilof, stated his concern was recreation and public access as a fishing guide. He believed there were some basic inadequacies in the plan, particularly the first chapter. He believed the borough could do more in showing its support for the guides who introduce tourists to the Peninsula and its resources. He did not believe the document was finished, but he did support the concept of the program. Damon Kina, Environmental Coordinator with Tesoro Alaska Petroleum, stated the program was an effective first step to sound coastal management but sought a change in Section 3.13(d)(3)(c). He believed the wording should be changed to read as the federal requirements for air, land and water quality, "Sufficiently impermeable berms and basins capable of retaining 110% of storage capacity plus sufficient freeboard to allow for precipitation shall be required for all above ground storage facilities." Consistency in regulations and clarity enhance the desired effect. The change was to the word "impermeable" from "i.mpervioue . Paul Zimmerman, representing a local seafood processor, stated his appreciation for those who have worked hard on the Coastal Management Program. He believed it an essential management tool to guide use and development of natural resources. He urged ap- proval of this step so the process toward implementation could continue. Sid C , Clam Gulch, stated he was a sport and commercial fisher- man. He urged approval of the concept as written, having fol- lowed its progress for some time. He noted there has been a tremendous amount of work on the program which included ample time for public input and serious consideration by its authors. He spoke against postponement and revision at this time. non aQ ngan, Soldotna, expressed concern for additional recogni- tion of the recreational aspects which are the lifeblood of Sol- dotna. He stated he was a guide and urged further consideration. Loren Fl&=, representing the KP Fishermen's Assoc., stated their conceptual approval of the plan although there were some minor improvements that could be made at some future time but he urged adoption at this time. Mr. Hodgins asked how difficult it would be to make changes after it is sent to the policy council. Mr. Crawford, a member of the Coastal Policy Council, stated there are criteria for "significant, and "insignificant" amendments; insignificant changes could be made at the local level without going back through hearing and second adoption. Mr. McLane stated Mr. Xing's point was well taken that an al- lowance for precipitation should be just that, rather than 12 inches, with the varying amounts received on this Peninsula. He asked if that would be considered a significant amendment and Mr. Crawford believed it would and agreed it was a good one. Mr. Poindexter believed the important role agriculture has had in the Penineuila's post and could be expected to play in the future, indicated it shanld be included in the plan. Also public trails and access should be defined; otherwise he agreed with the con- cept presented. Me. Spearow stated if the borough is serious RRNAT PENINSULA BQRQWH AAR= MF,,ATIN QOF MARCH 21, 1989 about adding these items it probably should do so at this time because they would be regarded as significant amendments if made later. She stated no other borough coastal management plan ad- dresses policies on agriculture, but AMSAs (Area Meriting Special Attention) can be added later. Pres. Sewall passed the gavel in order to urge support for moving the plan along. He hoped it would not be a bookshelf tome to sit and gather dust, but a used and fluid document similar to a com- prehensive plan that can be amended and brought up to date as times change. He referred to two letters from the City of Seward expressing concerns; he asked what effect the withdrawal of the City from the plan until they update the comprehensive plan would have. Ms. Spearow stated the concern was for an AMSA on the Up- per Resurrection Bay, but an AMSA nomination is not enforceable and would have no real effect until those plans are completed in detail and adopted. She saw no problem in pulling out that AMSA until the City has time to decide and it could then be added at a later data although the needed coastal mapping and photos could not be funded by the costal management program until the Council meets again and approves amendments. The gavel was returned to Pros. Sewall. Mr. Crawford stated the Council prioritizes projects as funds be- come available and to be removed from the list of proposed projects he felt would be detrimental to the City. Mr. Mullen suggested concerns raised at this meeting be addressed when the ordinance comes up after review by the state at which time there would be committee work and further public hearing. He encouraged adoption of the resolution. ASSEMBLYMEMBER SKOGSTAD MOVED TO POSTPONE RES. 89-27 TO APRIL 4. Mrs. Glick recalled 10 years of past work on a coastal management plan and was pleased to be this close to adoption although this must be viewed as a draft which should be modified if there is dissatisfaction at this point and she supported the postponement. Mr. Keene felt in two weeks there would be others who wished yet different additions and it could go on indefinitely; he urged adoption of the resolution. Pres. Sewall passed the gavel in order to speak to the postpone- ment, stating in two weeks he could determine if the opinion of the Seward City Manager was shared by the Council and other con- cerns could be adilressed although he would not support delay beyond that data. The gavel was returned. THE MOTION TO POSTPONE FAILED BY A VOTE OF 8 YES TO 7 NO: YES: Skogstad, 'Poindexter, Hodgins, Glick, Sewall, Brown, Nash, Carey NO: McLane, Mullen, O'Connell, Crawford, McGahan, Keene, Walli RES. 89-27 WAS ADOPTED BY A VOTE OF 13 YES TO 2 NO: YES: Skogstad, Poindexter, Hodgins, McLane, Mullen, O'Connell, Crawford, Sewall, McGahan, Brown, Keene, Nash, Walli NO: Carey, Glick (c) Res. 89-28 "Selecting the Certified Public Accounting Firm to Conduct the Audit of Borough Accounts" (Finance Cmte.) ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 89-28. Mr. Crawford reported Finance Cmte. had a do pass recommendation. 9 Pres. Sewall stated the firm of Coopers and Lybrand has been selected to conduct the audit. RES. 89-26 WAS ADOPTED WITHOUT DISCUSSION BY A VOTE OF 11 YES TO 2 NO, 2 TEMPORARILY ABSENT. YES: Skogetad, Poindexter, Hodgins, McLane, Mullen, Crawford, Glick, Sewall, McGahan, Brown, Walli NO: Nash, Carey ABSENT: O'Connell, Keene (d) Res. 89-29 "Authorizing the Mayor to Award the Con- struction 'Contract for construction of New Seward Elementary School" (Mayor) Pres. Sewall reported the final document awards a contract to UIC Construction, Inc., in the amount of $6,083,000. ASSEMBLY14EMBBR GLICK MOVED THE ADOPTION OF RES. 89-29. Mr. Crawford reported Finance Cmte. discussed the award and received good reports from inquiries made into the company as to past performance in the state. Mr. McLane reported Public Works Cmte. supported award of the contract to UIC, noting although the bid was under the estimate, other bids were within 5 or 6 percent. Mike W ley, resident of Moose Pass and School Board Member, stated he was concerned about the alternates and passage of the resolution. He urged passage including Alternates 1 and 2. Mr. Crawford reported discussion of other projects and expected to eliminate former problems of overruns in the cubic yards dis- placement for foundations, etc. with the early funded engineering on this school. RES. 89-29 WAS ADOPTED BY UNANIMOUS. (e) Res. §9-31 "Authorizing the Mayor to Award a Contract for the Construction of the North Peninsula Pool Sandblast and Refinish Project" (Mayor) ASSEMBLYMEMBZR MC GAHAN MOVED THE ADOPTION OF RES. 89-31. Mr. McLane reported the Public Works/Ed Cmte. had a do pass recommendation for the resolution with 4 sections as finally modified. He reminded the assembly that at a previous meeting there was an award for pool repairs which are now underway. The two bidders deemed responsive did not list subcontractors or state "no subcontractors"; however, as this is not a code re- quirement and this was originally intended to be a sub under the project approved earlier. He stated it was imperativethat Ehis work did not hold up the progress of the other whole. Mr. Crawford reported Finance Cmte. also had a do pass recommen- dation. RES. 89-31 WAS ADOPTED BY UNANIMOUS CONSENT. N. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) ,(a) Ord. 89-5 (Hodgins/McGahan/McLane/Brown/ Glick) POST- PONED TO 6/6/89 (b) Ord. 89-16 (Brown/Nash) HEAR 4/4/89 (c) Ord. 88-49 (Mayor) PSTPND to 4/4 (d) Ord. 88-27(Revised)Nash) Ref.Plan. Cmen./Assm. T.F. (e) Res. 89-22 (Mayor) TABLED 3/7 10 O. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Pres. Sewall called a 10 minute recess. Q. MAYOR'S REPORT Mayor Gilman expressed surprise at the absence of any negative comment with the passage of the concept of the Coastal Management Program. Considering its history, he believed this to be very significant. He commended staff, particularly Ms. Spearow, for working to reach a consensus between committees and the planning commission. He also thanked the committee of Mr. Crawford, Mrs. Glick and Mr..Mullen for their work. Mayor Gilman made reference to the Anchor Point Advisory Planning Commission minutes and the item concerning salt water access. Col. Keikel of the US Army Corps of Engineers made a presentation to the community on the feasibility of access through the Anchor River. The Corps will not proceed until local government becomes the sponsoring entity. He noted copy of his letter promising full cooperation in any study they wished to do. Mayor Gilman noted a letter from DC&RA stating the REDI grant for Port Graham dock has been denied; none awarded were in the Borough. Also received was a letter from DOT regarding the proposed bike trail which states if the borough funds it they will build it. OTHER BUSINESS Mrs. McGahan noted the school board minutes report the board unanimously endorsed passage of RES. 89-22 which was tabled at the last meeting because it had not been considered by the school board. ASSEMBLYMEMBER MC GAHAN MOVED TO REMOVE RES. 89-22 FROM THE TABLE FOR CONSIDERATION. MOTION FAILED BY A VOTE OF 4 YES TO 8 NO: YES: Skogstad, Glick, McGahan, Nash NO: Poindexter, Hodgins, McLane, Mullen, Crawford, Sewall, Brown, Keene ABSENT: O'Connell, Carey, Walli S. ASSEMBLY AND MAYOR'S COMMENTS Mr. Keene was pleased that the assembly passed the Coastal Management Program in concept. Mr. Brown reported there would be a teleconference on March 30 with local legislators regarding pull tabs and future legislation applicable to games of skill and chance. He stated he would be sponsoring a resolution in support of naming a Nikiski bridge for a young man who was killed last year. Mrs. McGahan noted on a recent broadcast concerning options for the railbelt energy funds the option favored by the KPB, the use for which they were set aside, was not mentioned. She believed concerned citizens needed to contact legislators statewide if possible. She commented on the search and rescue of two young men, one from Nikiski, the other from Soldotna and the coopera- tion of the two communities involved. She expressed appreciation for the CAP and the overall effort put forth. Mr. Skogstad expressed appreciation with the bid process and result for the Seward school. He referred to a report of a trip to Juneau on the desk. Mr. Hodgins referred to copies provided of the new Kenai Penin- sula Traveler's Guide, soliciting comments, information or cor- rections. He reported attending the Anchor Point Chamber of Com- merce meeting, congratulating those holding the meeting on the conduct of it. Mr. Mullen reported on the trip to Juneau he and Mr. Skogstad made, there was no commitment in regard to educational funding, but the railbelt energy fund as far as the southern entirety ap- peared to be encouraging. Mr. Crawford stated when the public hearing in Homer was adver- tised it should include "and other budget items". Mrs. Glick reported the Anchor Point Chamber has joined the Kenai Caucus and will be energetically promoting that area. She stated a news release was circulated at Friday's meeting which notes Gov. Cowper proposes dividing up the railbelt energy fund in what he calls a "railbelt investment fund". The list of proposed projects shorted Seward transmission upgrade by $10 million while $20 million was identified for "winter sports facilities". Pres. Sewall stated he would like to see the resolution for the local effort of the school budget before approving the expendi- ture in Res. 89-22 for bleachers. Mayor Gilman reported one copy of the booklet prepared for the presentation to Moody, Standards and Poore was sent to each city. T. INFORMATIONAL MATERIALS AND REPORTS (a) Revenue and Expenditures Report (b) Application for restaurant/eating place license U. NOTICE OF NEXT MEETING AND ADJOURNMENT Pres. Sewall stated the next meeting will be on April 4, 1989. This meeting was adjourned at 11:50 p.m. Date Approved Apr'Aprit 4 i nathan W. Sewall, Assembly Pres. T ST: rough lark 12 -r,Nr-o - CITY OF „ad eat 210 FIDALGO KENAI, ALASKA M11 TELEPHONE 283 - 7535 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAME Resident of City of Kenai? 67 Y�_ How long? Mailing Address�. x�L,C!'a 7 Tel. `s - 33 4 Bus. Address Tel. Presently employed by e7so- Job Title Name of Spouse Current membership in organizations: Past organizational membership: � c /1P--'ail• Committees interested in: Sign?ture cQ. C, J /� DATE: TO: FROM: RE. April 24, 1989 •►* R f** R R f*** R f*** R f R** R R R f**♦ f A d t �` A,T R A s M I T T A l M G M TO: FROM: MQQzlt &P110NE co FAX Poat lrbland lax ggmq MI City of Kenai Alaska Families United, Parent United, Inc. Notification of Pull Tab Locations To whom it may concern: F-0 Atrached 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. SAicerely, xw�� T. St hlman, Vice Chairman Fund Raising Committee Attachment r PARENTS UNITED The Maverick Club 44698 Sterling Highway, Soldotna 99669 Janet Antosk 262-7979 Soldotna Inn P.O.Box 565, Soldotna 99669 Mike Sypes 262-9169 The Nightwatch Box 720, Soldotna 99669 Rusty 262-7020 Larry's Club P,O.Box 8312, Nikiski 99635 Dave or KC 283-9935 The Place Motel & Bar Box 1937, Kenai 99611 John You 283-9915 Parkers Box 3069, Soldotna 99669 Taeh Lee 262-4670 Opals Cafe and Isar Box 792-L, Soldotna 99669 Opal 283-9365 Gwins Lodge Mile 52 Sterling Highway, Copper Landing 99572 K!y, & Toni 595-1266 Casino Bar Box 857, Kenai 99611 Red McKenzie Peggy Garnand 283-9997 Longmeere Liquor Box 1270, Soldotna 99669 John Cho 262-1068 DJ's Wheelhouse Box 1144, Seward 99664 Doris Cocoran 224-5536 New Seward Saloon Box 670, Seward 99664 Brad Snowden 224-3095 The Pit Bar Box 1237, Seward 99664 Dennis Kowalski 224-3006 Evergreen Lodge IICO1 Box 1709, Glennallen, Lake Louise 99588 Jack Hansen • 822-3250 Ray's Waterfront Box 1750, Seward 99664 Ray or Leslie 224-5606 PARENTS UNITED B & b Bar 324 Shelifor Avenue, Kodiak 99611 Lanny Cl'odfelter 485-3575 Bishop Creek Route 1 Box 990, Kenai 99611 Earl. Robin or Linda 776-8216 Sunrise Inn Mile 46 Sterling Highway, Moose Pass 99631 DewilKht, Evelyn, Bra Jackie 595- Roads End Box 5629 Chiniak, Kodiak 99615 Ernie, Dotty 286�-28855 Budget Liquors 8363 Old Dairy Road, Juneau 99802 Noel Grant_, Chuck Nerger.789-4251 Dreamland Bowl P.O.Box 1349, Seward 99664 Kim Kowalski 224-3544 Point of View HCOI Box 1706, Glennallen 99588 Ka a Hamilton or Joe Pittman 82Z. r.._5 6 b Mom and Dads Store Box 267, Sterling 99672 Mr. Lee 262-6434 Bush Bottle Bin Box 361, Glennallen 99588 Rudolph Paluck 822-3668 Blue Grouse P.O.Box 4054, Kenai. 99611 Richard Cooper_283-4281 Pizza Pete's 35433 Kenai Spur Hwy., Soldotna 99669 Angela & Art A_rgyropoulos 262-5306 Shelikof Lounge 211 Thorsheim, Kodiak 99615 Gary or Penny 4$5-4141 Pinzon Liquor P.O.Box 395, Valdez 99686 Richard Horton 835-4437 Clam Shell Lodge Box 439, Clam Gulch 99568 Rose Moorefield 262-4211 Decanter Inn Box 2410, Soldotna 99669 Terry Wall & Bud Ace 262-5917 PARENTS UNITED rage Tnree North -Bar Forelands Bar Moose Pass Inn Putter Lounge Katmai Hotel Short Stop Market & Liquor Moose River Inn Funny River Grocery Hamiltons Eadies King Oscars Deep Creek Resort P.O.Box 39349, Ninilchik 99639 Daryl Chaw 567-3442 Mile 20 Kenai Sppur Hwy . , Kas iloff 99610 Ron Kiel 776-9907 General Delivery, Moose Pass 99631 Linda Sherrill 288-3656 SRA 26 Homer 99603 Al & Lavonne 235-8644 10800 Kenai Spur Highway, Kenai 99611 Jim Sinaree 283-66101 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 Box 505, Copper Landing 99572 Mark 6 Dodie Wilson 595-1260 Box 85, Kenai 99611 Ethel iienerson 283- 3089 Box 1080 Kenai 99660 10352 Spur Hi hway Glenn 283-606 Box 39370 Ninilchik 99639 Mile 136.3 Sterling Highway Glenn Dobbe 567-3396 * * * * w * * * If * • • * * * * w * * • * * * * * r * * * * * ♦ * * * F A X////tT A �A N S M 1 7 7 A L M E Mt C DATE: TO: FROM: RE: April 25, 1989 W V _ MX M:^ 41 PJILifB W. 'p fax Post -It 'brand fax If3n,mmal mrmo 7R71 City of Kenai Alaska Coalition To Prevent Shoplifting Notification of Pull Tab Locations To whom it may concern: -7,-N-0 --? 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 kccp you informed of our fund raising efforts in your locale. It i..s our intent to work with you. As any other changes occur, we will give notification. Sincerely, rJ John 8lomfield, Operator Attachment i, APB Ci i Y CLERK —11 Y OP KENA `' �L 0, ( i;4/20/<_e 10, VO Q ju"ZrL.lyv.3 JA1 )e Z. UUZ ALASKA COALITION TO PREVENT SHOPLIFTT.NG Tips Bar Knik Bar Quinnat Landing 49er Club Fantasy Land Video Bush II Briteside Corner Aces, Inc, Country Valley Store #1 Country Valley Store #2 Bush I The Hideaway Club Beef & Sea Restaurant 12349 Old Glen Highway, Eagle River 99577 Norma 694-2372 SR Box 5450, Wasilla 99667 Swami 37 6�; 9918 P.O. Box 418, King Salmon 99613 Brain Brides 24� 6 1305 Sloan Street, North Pole 99705 Noni Owens 488-0626 Box 73995, Fairbanks 99707 Wess Landcaster 488-0879 631 F. International Airport Rd., Anchorage, 2509 Fairbanks Street Suite B, Anchorage 99503 Billy 561-2609 Box 879378, Wasilla 99687 John Anderson 376-6239 305 W. Dimond, Anchorage 99515 Myron Ace 52�2-19987 1401 Inverness, Wasilla 9g687 Denny Tllies 376-7888 1101 Bogart Road, Phillips Plaza Wasilla 99687 Denny Illies 376-47U7 531 E. 5th. Avenue, Anchorage 2509 Fairbanks Street, Suite B Anchorage, 09503 Melody 276-5504 a. 2828 West Dimond Blvd,, Anchorage 9951.5 Rob & Doris Andrews 243-2165 W { m, 5230 Seward Higway, Anchorage 99503 q,aorge Kal.las 274-4664 1ti Jti 8y072721yuo -SAS? wb 005 Alaska Coalition to Prevent Shoplifting rase TWO ►sing Mountain Lodge P.O. Bux 1177, Chickaloon 90674 Gale Bodner, M:ajy'74_ 5 42280 Laura's Liquor Shoppe Box 1793, Cordova 99574 Laura Brown ,424-3144 Brown Bear Rhodhouse tiCO Box 1965, Clennallen 99588 Doug & Cindy Rhodes 822-9$17 Tolsona Lake Resort HCOl Box 1.960, Glennaller 99588 Julie Wilson 822-3433 Acers Bar Box 1327, Valdez 99686 Cerald or Phyllis Johson 835-2260 Totem Inn P.O. Box 648, Valdez 99686 Mike Williams 06 SallAr Connie 837-4443 Pipeline Club P.O. BOx 65, Valdez 99686 Bill Lee 835-4332 Tonsina Lodge HC 60, Box 152, Copper Center 40573 Judz Williams Geannie rmor Sugarloaf Saloon P.Q. Box 365, Valdez 99686 Ron Coles 835-4600 Triple "B" Bar P.O. Box 47,. Houston 9Q694 Ruth 802-0904 Swinger 710 41. Northern Lights Blvd. Anchorage 99503 Myron Aces 337-8849 Anchorage Video Mart 137 W. 5th Avenue, Anchorage 99501. Marron Ace 337-834Q k'rencn quarter 4026 mountain View Drive Anchorage.49504 Myron Ace 337-8349 Video X 1431 Muldoon Road, Anchorage 99508 Myron Ane 337-8349 Alaska Coalition To Prevent age Wree Liquor Mart Store The Valley Liquor Douglas Spirit Shop Billiken Liquor Baranof Liquor Alaska Cache Liquor Breeze In Corp.(Dwnt.) Breeze In Corp.(Valley) Dry Dock Shoplifting Chateau Invesrments 621 West Willoughby Avenue, Juneau 99801. Cary Fornier. 586-3660 2696 Mendenhall Loop Road Juneau 99801 Cary Fornier 586-3660 1 916 3rd Street, Douglas g9824 Gary Fornier 586-3660 235/4 Mendenhall Loop Road Juneau 99801 Cary Fornier 586-3660 116 Seward Street, Juneau 99801 Cary Fornier 586-3660 P.O. Box 20977, Juneau 99802 .Joe Thomas 586-2232 P.O. Box 32318, Juneau 99803 Al Ahlgren 789-7878 P.O. Box 32318 Juneau 99803 Al Ahlgrren 586-1065 1.152 E. 74th Avenue, Anchorage 99518 Mary Lewis 349-8433 Polaris Bar 416 Second Avenue, Fairbanks 99701 Terry. Franklin 46�5-6441 Don's Green Apple 528 F. 5th Avenue, Anchorage 99501 Don Chin 2.72-8131 The Spade Room 405 Second Avenue, Fairbanks 9g701 Jody Pritchard 452-4325 Olson Gas 854 E. 36th Avenue, Anchoraq 99503 Rand Hahn 272.-1155 Olson Gas 3607 Spenard Road, Anchorage 99503 Randy Hahn 272-1155 �aL ir;c, .3 Z 9V 272ryU3 JASP ZJ0V5 Alaska Coalition to Prevent Sho lif.tin age r5ur Car Wash Old Time Grocery #4 Old Time Grocery #3 Old Time Grocery #2. Mike Mini Mart Mom & Pops Mexico in Alaska Express Mart The Silver Fox 2273 Spenard Road, Anchorage 99503 Randy Hahn 272-1155 North Road Spur Hwy., Kenai 99611 Larry Compr.on 283-4269 Girwood 283-4269 Larry Compton 8815 Jewel Lake Road, Anchorage 99502 Larry Compton 283-42.69 3605 Arctic Street, Suite 1133 Anchorage 99503 Mike Eddens 563-5740 601 W. 36th Avenue #3 Anchorage 99503 Dallas Kisor 563-4446 7305 Old Seward Highway, Anchorage 99518 Maria -Etna Bull 349-1528 3405 Fast Tudor Road, Anchorage 99507 Be` K_itchpan-is, h 56. 3 868 Box 892768, Big Lake 99652 Hank Dunneway 892-617q R>sori w 00valoprrrent Council Box 100516, Anchorage, AK9951O ADDRESS CORRECTION REQUESTED Mayor John J. W City of Kenai 210 Fidal_oo Kenai, AK 99611 e Alaska oil soiil 'elated stories • Impact on the fisheries ... Page 2 • New oil spill prevention steps ...Page 3 • Environmental record ... Page 3 • President Bush's Statement ... Page 5 • Nature recovers in time An serial view of the : 000 acre V, i,dez ferm-nal of the frans- ...Page 6 Alaska QQeiIM shows a tanker docked at berth 4 e takletibn new political atmosphere The debate over oil and gas development in the Arctic National Wildlife Refuge is certain to take on a new political atmosphere in the wake of the Prince William Sound oil spill. The effects of the oil spilt have already reached the halls of Congress, delaying legislative action to open ANWR to oil drilling. The Prince William Sound accident is one that induces outrage, even among industry leaders and the most ardent supporters of resource development. Much of the anger is justified, especially since the mishap resulted from a sense- less human errorin the transportation of oil to market, notin the actual development and production of the crude. The nature of the accident does underline the immediate need for improved procedures in containing and cleaning up oil spills. Government agencies and industry have formed special task forces to investigate the Valdez accident and to take immediate steps to improve the industry's ability to prevent oil spills and respond more effectively should they occur. However, the spill should not be used to delay the opening of ANWR to oil and gas leasing. Faced with increasing trade deficits and rising oil imports, ANWR's enormous petroleum potential is too valuable for Congress to ignore. Without new development, the United States will have to substantially in- crease its already growing reliance on foreign imports. Virtu- ally all of the additional imported oil would have to be trans- ported by foreign tankers into American ports. Prohibiting Alaska oil development will not reduce the risk of oil spills in the United States. Well over half the oil the nation now uses must travel by tanker through American waters into American ports. Failure to develop promising oil prospects in Alaska will not change that fact. (Continued on page d) Biologists caution about foreca,stin,g impact of sapid on salmon season The Prince William Sound oil spill has dashed hopes of commer- cial fishermen in Cordova and Valdez of a record season in harvesting pink salmon from the Sound. However. state officials are cautious about forecasting the impact of the spill on the salmon season. Commercial fishermen and state biologists have been eagerly awaiting the largest run of pink salmon ever to return to the Sound. A record run combined with high prices could mean an economic boom to the communities of Valdez and Cordova. But in the after- math of the March 24 oil spill, neither fishermen nor biologists know what to expect. The state has already announced the closing of the $12 million herring season that was to begin this month. Biologists and fisher- men fear the oil could poison too many fish and eggs to permit a harvest. The spill also caused the Fish and Game Department to order the pot shrimp season to an early end, and to cancel black cod season. Chuck Meacham, statecommercial fisheries supervisor. hasex- pressed concern about the tainting of important spawning grounds and the successful hatching of eggs. If the returning herring survive the toxins from the spill, the population should survive even without spawning this year. The main body of the herring is five years old and it will be back to spawn next year, Meacham said. Biologists don't expect the returning salmon to be harmed as much as the herring. Water quality should improve between now and when the salmon return later in the year. In addition, salmon will not spend as much time in contaminated areas as the herring do. Meacham was cautious about forecasting the effects of she spill on salmon. "Yes, they certainly can get tainted," Meacham said. "but there's just too many factors that can't be assessed at this time." Dr. June Siva, manager of environmental science for ARCO, said the more significant impacts of the spill will be confined to birds, sea otters and the inter -tidal organisms which come into direct contact with the oil. However, because the oil slick is primarily on the surface. Siva predicted the impacts to marine fish are likely to be much less severe. She explained that fish travel in the watercolumn, and since the oil is on the surface, fish should escape exposure to (Continued on page 6) Time will tell and Exxon will pay Director 1�7Message from the Executive Director by Becky Gay The obvious and best silver lining on the dark cloud in Prince William Sound is there were no human deaths caused by the oil spill. There is blame and tragedy and grief enough to touch everyone. The dead animals and photographs will haunt us for a very long time. In the end, the sites Wo ela" the disaster and disperse the spill, renurture the flora and llmna and Prince William SoundMill reftour- ish, biologically, economically and ecologically. The salt rubbed into our wounds is the sheer serendipity of a catastrophic tanker accident occuring on a calm, clear night in well - charted waters on a ship considered to be the queen of the fleet. It was an accident, caused by apparent and serious human error, negligence, and worse, alleged substance abuse. A terrorist could have hardly done better to wage war on Alaska's premiere oil industry. Whereas the Good Friday earthquake 25 years ago brought Alaskans together in a spirit of goodwill and brotherly love, the Good Friday oil spill has seemed to bring out the worst in some people. Egged on by the media feeding frenzy, we saw Prince William Sound invaded by people whose concept of helping often seemed more akin to getting in the way. And forget brotherly love, these people were MAD! Mad at Exxon certainly, but mad, too, at anyone else who got in the way of their particular efforts and interests, whatever they were. One thing a disaster doesn't need is a bunch of self-proclaimed generals, but this one had plenty. Worse were the "blame -sayers," with their eyes ablaze and..,., fingers pointing, they railed unmercifully on Exxon, the Coast Guar( the President and the federal and state agencies, never letting up while anyone would listen. They never let up while Exxon was busting guns to unload and float the impaled tanker to meet the high tide. Now the lawyers are crawling like flies over the whole area, anxious to stake their part in a cleanup of a different kind. Scientists are descending upon the carcass of the event to learn from it. This is one of the most important positive side effects. They will help us, and we must learn all we can from this major spill. The Governor's Science and Technology Foundation has a chance to use this opportunity to get going on a real project. For the near future, the tourism visitor industry in the Sound is likely to be primarily made up of scientists, interested observers, lawyers, Exxon personnel and a host of federal and state people. It will be tourism of a different kind, but we can and should make it easy for them to come. The fishing industry is proving they can "catch" oil as well as fish, sometimes with the same gear. Exxon pays, they fish. It may run a distant second to fishing fish, but at least the boats and clean-up crews are "makin' bacon." The seafood season in Prince William Sound may very well be closed this year, bolstering prices else- where. Time will tell, but even government biologists caution against forecasting the impacts on the upcoming season, much less the long term. The spill is upon us and the cleanup will be along process. Nature remains the strongest force in the arsenal of cleanup tools. There will be a need for a second wave of helpers, a third and maybe more. In my opinion, Alaska does need its own oil spill response army, similar in speed of deployment and effectiveness as its firefighters. The Feast this experience has shown is that in the event of a major spill, you don't need as many people as you need the right people. 1 believe Alaska has the right people and the right reasons to make sure of a ready response anywhere in our waters. RDC'S efforts are committed to making sound resource develop- ment better. Learning from mistakes is a crucial part of the lesson. I believe amazing things will happen when the stones stop flying. Page 2 / RESOURCE REVIEW / ADrll 1989 Pipeline owners announce plans to improve ability to prevent spills, ensure response The three major owner -companies of the Alyeska Pipeline Service Company have announced a series of steps to immedi- ately improve the industry's ability to prevent oil spills in Alaska and to respond more effectively if they occur. Alyeska operates the Valdez Marine Terminal and the Trans -Alaska Pipeline System on behalf of affiliates of seven owner companies, including ARCO, BP America, and Exxon Company U.S.A. "We sincerely regret the environmental tragedy in Prince William Sound and pledge to do everything feasible to prevent another such accident from happening," the companies said. Among the immediate prevention steps to be taken: 1) Ship owners and operators using the Valdez terminal will be required to institute random drug and alcohol testing on all their vessels. The policies for all vessels entering Valdez will be examined to ensure that they are in full compliance with all federal regulations. 2) Tug escorts will be provided and pilotage will be re- quested on all incoming and outgoing vessels to a point beyond Bligh Reef. 3) Alyeska will propose to the U.S. Coast Guard the addition of radar responder capability to the existing Bligh Reef buoy and other appropriate locations within Prince William Sound. Top priority should be placed on prevention measures because of the difficulty in containing and effectively dealing with a major spill on the open water. However, the three companies also announced the following measures to improve response to a major spill: 4) Additional skimming and booming capacity will be ac- quired by Alyeska to augment the existing spill contingency equipment, in advance of a detailed study of contingency re- quirements. 5) Alyeska will assure the on -site availability of chemical dispersants and dispersant systems so they may be used in a timely manner in the event of a major spill. A full assessment of Alyeska's response to the March 24 accident will be made in order to assure that all improvement opportunities have been identified. Subsequently, an owner - company task force will make additional recommendations on such matters as improved clean-up equipment and spill re- sponse management for Valdez and Prince William Sound. The task force's report will be completed within 30 days, made public, and promptly implemented. The owners have also instructed Alyeska to cooperate fully with appropriate state and federal agencies to provide the best available oil spill prevention and response system feasible. "Effective spill response is a complex process requiring a coordinated effort by a large number of people," the three companies said. "Industry and the appropriate government agencies must work together to examine the spill prevention - response system in Alaska from a broad perspective. NA painful lesson has been learned. We all must make ad- justments as a result of the experience gained." Industry's environmental record in Alaska Before the grounding of the Exxon Valdez, there had been mini- mum environmental consequences of developing oil in Alaska. The movement of gigantic amounts of oil through the trans -Alaska pipeline and thousands of tanker shipments from Valdez have occurred under an excellent record. But in the aftermath of the oil spill, a rightly regulated Alaska oil industry will likely come under increasing government scrutiny. Monitoring and enforcement activities are likely to intensify. President Bush said he's determined to proceed with oil drilling in Alaska because a single oil spill caused by a negligent tanker captain is no reason to "go backwards." Bush said he's prepared to supporttight requirements and improved emergency procedures for quicker response to tanker accidents. Admittedly, early development in the harsh conditions of the North Slope was a learning experience for industry. However, highly effective, efficient and environmentally -safe methods of oil produc- tion evolved out of the early challenges faced by industry at Prudhoe Bay. Early planning has helped to keep problems on the North Slope minor and infrequent. Where problems or mistakes have occurred, industry has taken appropriate action to correct them. According to state and federal officials, the industry's overall environmental record in Alaska is a good one. The industry has invested over $44.8 billion in North Slope development and clearly has a vested interest in maintaining high environmental standards to protect its investments. Wildlife has cycled independently of any development on the North Slope. Research has provided no evidence that oil field activities have produced any measurable change in the population of any fish or wildlife species using the North Slope. Billions of barrels of oil have been produced on the North Slope without causing any significant harm to the environment there. The Central Arctic caribou herd, which migrates into North Slope oil fields every year, has expanded from about 3.000 animals in 1970 to some 18,000 in 1988. April 1989 / RESOURCE REVIEW / Page 3 �.J in Prince William Sound W rued from front cover) The scope of disaster The area affected by the March 24 oil spill represents one of the most productive commercial fisheries in the nation and some of the most scenic touring areas in Alaska. For local communities of Prince William Sound, the spill could bring severe eco- nomic hardship by imperiling a commercial fishing industry worth hundreds of millions of dollars. However, government biologists warn that it is too early to forecast the impact of the spill on the fishery. Exxon took full responsibility for the cleanup and plans to fully compensate individuals and groups affected by the spill. The coporation has also made a commit- ment to the state to help in the long-term rehabilitation of the area's fisheries. More than 2.3 million pounds of cleanup material and equipment have been flown to Prince William Sound by Exxon in 49 cargo jet flights from the Lower 48 states, England and Canada. In total, about 100 vessels and 18 airplanes and helicopters have been contracted by Exxon to support cleanup operations. As of early April, 39 large skimmers were in operation and more than 200,000 feet of booms had been deployed with another 155,000 feet on hand or enroute. Dispersants Still more questions than answers sur- round the tanker spill in Prince William Sound, especially those dealing with the use of dispersants. For example, did gov- ernment regulators hinder Exxon's initial response to the spill by failing to grant im- mediate permission for the spraying of chemical dispersants on the oil? If Exxon had responded immediately with disper- sants, would that have made a difference in the early containment of the spill or a signifi- cant portion of it? For spills over the 200,000 barrel thresh- old, the state -approved contingency plan calls for immediate containment by booms and mechanical devices and a quick treat- ment with dispersants. Exxon claims that it immediately applied for permits to use dispersants and burn the oil, but that government permission was not forthcoming during the first days of good weather. Exxon press releases indicate the company was prepared to use dispersants when the slick was confined to an area of about four square miles. Company officials said the results from limited testing were favorable, but authori- zation for fu Il-scale use of dispersants came too late. A storm grounded planes loaded with dispersants in Valdez and strong winds pushed what had been a comparatively small slick over a 100-square mile area within hours. Dr. June Siva, managerof environmental science for ARCO in Los Angeles, said that the toxicity of dispersants had been grossly exaggerated by environmentalists, govern- ment regulators and the media. She said modern dispersants are relatively benign, breaking the oil into tiny droplets that quickly dissolve into the first 30 feet of the water column. "The only problem with dispersants." Siva said. "is the reluctance of government regu- lators to allow their use." Responding to reports that dispersants do notwork on North Slope crude, Siva said that extensive tests have found them to be effective. "Certain dispersants are more effective than others, and certain disper- sants work better in cold water than others." Siva said. "But, the more the crude weathers, the less effective they are and that is one of the reasons why it's necessary to use them as soon as you can." Perspective I n the 12 years before the spill, 6.8 billion barrels of oil, approximately 250 billion gal- lons, had been safely pumped through the Alaska pipeline and transported out of Val- dez in nearly 9,000 tanker trips. Billions of barrels of oil have been produced on the North Slope without any significant harm to the environment there. North Slope produc- tion has accounted for 25% of all oil pro- duced in America and has cut the national trade imbalance by hundreds of billions of dollars. Failure to develop new oil prospects in Alaska would only deprive the state of potentially enormous petroleum revenues vital to its economy. Today $8.50 of every $10 spent by the State of Alaska comes from oil production. The state, in turn, spends four times the national average per citizen. The economic well-being of Alaska and the oil industry are so firmly tied together that the livelihoods of many ,Alaskans, in one way or another, are affected by North Slope oil production. Since 1980, the state has received more than $26 billion in taxes and royalties from oil. State revenues generated from oil de- velopment have resulted in construction of schools, health care facilities, sewer and water systems, expanded higher educa- tion, new highways, airstrips, port facilities. libraries and scores of amenities that most Americans take for granted. Even fish and game management programs and environ- mental protection systems have been funded through oil and gas revenues. With oil revenues sure to fall with the im- minent decline in Prudhoe Bay production, Alaska is looking to promising new petro- leum prospects in the arctic to help pay for the cost of government and a much ex- In the 12 vears before the oil spill, 6.8 billion barrels of oil have been safely pumped through the Alaska pipeline and transported out of Valdez in nearly 9.000 tanker trips. panded infrastructure system. Although fishing, tourism, mining and timber repre- sent vital links in Alaska's economy, these sectors make up less than 15% of all state.. , revenues, underlining the impact oil rev enues have on the state's economy. The combined revenues of these industries would fall far short of maintaining basic services and a modern infrastructure sys- tem that was largely non-existent in many areas of the state before the mid-1970's. Alaska cannot afford to mortally wound an industry that comprises 85% of its pay- check, nor can it afford another oil spill. Fur- thermore, without a strong economy, Alaska will find it difficult to pay for high -quality en- vironmental protection. The two go hand in hand. The Future There is no hiding the fact that the Prince William Sound spill will leave its mark on the environment for some time. But, diligent cleanup efforts and the natural weathering process of the crude oil in the sea could very much limit the long-term harm. Studies by the National Academy of Sciences and others on the effect of oil in seawater sug- gest that the long-term impacts on marine life are likely to be small. There's plenty of blame to go around and the Prince William Sound residents who make their living from the sea are angry. For the oil industry and the State of Alaska, the repercusions go far beyond Exxon's cost in cleaning up the mess and compensating area residents for losses. But in the end, America's demand for en- ergy is likely to continue to increase, and if the supply doesn't come from domestic sources. more foreign tankers will call on American ports. Page 4 / RESOURCE REVIEW / ADril 1989 Nation highly *..dependent on Alaska crude The Prince William Sound oil spill has shown millions of people along the West Coast how much they depend on North Slope crude. When the supertanker Exxon Valdez impaled itself on a reef south of Valdez March 24. spilling an estimated 10 million gallons of oil into Prince William Sound. the port of Valdez was shut down for four days. When the port reopened, the Coast Guard would allow only limited tanker traffic. citing both safety and cleanup reasons. The shutdown and slow down forced Alyeska Pipeline Service Company to cur- tail the flow through the trans -Alaska pipe- line by 60 percent, drastically cutting tanker traffic to the West Coast. Since North Slope crude accounts for over 50% of the West Coast oil supply, wholesale gasoline prices quickly climbed. Consumption also climbed dramatically as people rushed to top off their tanks. Scared that the Valdez tanker spill would cut off supplies. The slow down has also had negative fiscal impacts on the Alaska treasury, wnich receives 850/6 of its revenues from oil pro- duction. The cutback is estimated to have cost the state millions of dollars in lost taxes and royalties in just the first week following the spill. Non -development -groups have urged Governor Steve Cowper to completely shut down the pipeline and terminal, but such a request was denied. Such action would not only bring immediate devastating financial losses to the state, but would spark supply disruptions throughout the United States rivaling OPEC actions in the 1970s. Some 25% of the nation's domestic oil production is shipped out of Valdez to Lower 48 markets. The oil -loading marine terminal at Valdez is the largest of its kind in the world. Statement by President Bush We all share the sorrow and concern of Alaskans and the determination to mount a sustained cleanup effort. Our ultimate goal must be the complete restoration of the ecology and the economy of Prince William Sound, including all of its fish, marine mammals, bird and other wildlife. The Exxon Corporation has acknowledged responsibility for this spill and its liability for the damages. Exxon should remain responsible for both damages and for employing civilian personnel necessary to control further damage. However, Exxon's efforts, standing alone, are not enough. And after consulting with a congressional delegation - Senator Ted Stevens, Senator Frank Murkowski, Congressman Don Young - I have daterrnined to add additional federal resources to the cleanup effort, in addition to the considerable federal personnel and equipment already on the scene. And this new effort will focus on the job of helping recover oil now in the water and restoring beaches and other damaged areas. This effort should not in any way relieve Exxon from any of its responsibilities or its liabilities. I've asked Sam Skinner, our Secretary of Transportation, to serve as the coordinator of the efforts of all federal agencies involved in the cleanup and to work with the Alaskan authorities and Exxon. Admiral Paul Yost, the Commandant of the Coast Guard, will return to Alaska to assume the i personal oversight of developments. As we all know, the Coast Guard has many assets in place right now. Also at my direction, Defense Secretary Dick Cheney, will make available U.S. Armed Forces personnel and equipment to assist in the cleanup. The military will provide personnel for direct cleanup activities, as well as assisting with logistics _ the needs of logistics related to the cleanup. And of course, these efforts must be undertaken carefully, so that further damage to Iragile areas will not occur. Intensive planning now going on, as well as appropriate cleanup training, will be completed before ground units are actually deployed. In addition to the Department of Defense personnel, I'd ask my staff to develop plans to enable volunteers to participate in cleanup activities. By summer, we hope to have developed facilities to enable us to accommodate a corps of Alaskan volunteers. And when I say "develop facilities," these gentlemen will tell us, we're dealing with vary remote areas in some cases Here. I've asked EPA Administrator Bill Reilly to coordinate the long -ranges planning to restore the environment of the Sound. EPA will draw on the expertise of scientists and oil spill experts in this work. It will also consult with other federal agencies that are assessing scientific data regarding the effects of the oil soil. We will not forget the residents of Alaska, who have suffered extraordinary economic loss. And, when you talk to these congressmen, as I have, and get it brought hbme on a case -by -case basis, we have to be concerned and we are concerned. In addition to paying damage claims against it, we encourage Exxon to increase Its local hiring for the cleanup efforts. Secretary Skinner will also work with Exxon and appropriate agencies to develop appropriate loan assistance programs, to assist those who have suffered economic Injury. This situation has demonstrated the inadequacy of existing contingency plans. And, consequently, I have directed a nationwide review of contingency plans of this type to determine improvements that may be necessary. In describing these measures, we should not be under any illusions, The job of cleaning up the oil from both the sea and the affected land areas will be massive, prolonged and frustrating. Nothing we can do will totally resolve this problem in the short-term period. Rather, we most be prepared for a long sustained effort. ! Learning from Oft expereince, we also rededicate ourselves to transportation safety and to realistic planning for accidents that do occur. At the same time, our national security Interests In the domestic energy supply should not be forgotten. The excellent safety record that was recorded prior to tNs incident must be restored and maintained; consistently into the future. ;. The trans -Alaska pipeline. A --;I • nnn , nr-r1n1 Innc 01=%11CIAr / D"__ C Industry adopts united position on Tongass The Alaska Loggers Association (ALA) has unanimously approved a new policy statement on Tongass legislation that represents a united industry position on the future management of the nation's largest national forest. The ALA is now calling on the Southeast Alaska Conserva- tion Council, the Southeast Conference and the State of Alaska to work with the Alaska Congres- sional Delegation to forge an "All -Alaska " posi- tion to present to Congress. In considering Tongass legislation, the state- ment notes that "a primary concern for Congress should be with the well-being of people and communities dependent upon National Forest timber sales in Southeast Alaska." The state- ment represents the position of loggers. the pulp mills, the sawmills. Sealaska Corporation. Klukwan Forest Products Corporation, Koncor and associate members. Virgil Soderberg, ALA president, said the policy statement "represents our best effort to address the concerns of the majority of people in Southeast Alaska, especially those people and communities dependent upon National Forest timber." Soderberg added, "We are also sensi- tive to the concern that other resources such as fish, wildlife and subsistence continue to be pro- tected." In its policy statement, ALA recommends that Tongass legislation and the U.S. Forest Service retain a sufficient commercial forest land and timber base under multiple -use manage- ment to make available an allowable sale quan- tity of 4.5 billion board feet per decade subject to ongoing and annual review to meet timber indus- try needs based on market demand, industry ca- pacity and economic. The ALA does not support the concept of "mandated" cut. The ALA believes the harvest levels should be driven by economics, markets, and sound principles of forestry. The policy statement recommended that the Forest Service management program for mul- tiple use lands should continue to provide proper recognition of other multiple use values such as fisheries, wildlife habitat and programmed sub- sistence. These resource values, ALA said, could be protected by provisions which provide for ri- parian management zones along streams, wild- life retention zones and protection of the visual Resource (Development Council, Inc. The Resource Development Council (RDC) is Alaska's largest privately funded nonprofit economic develop- ment organization working to develop Alaska's natural resources in an orderly manner and to create a broad - based, diversified economy while protecting and en- hanctrtg the enthronment. resources. Tongass loggers presently harvest federal timber in accordance with extensive provisions in the National Management Act and other laws which protect these other resource values. The united industry position pointed out the Tongass multiple use lands should be managed to provide economically viable timber sales to all operators which will provide positive stumpage returns to be shared with local government bodies. The statement noted that intensive management funds are needed as part of the program to access marginal timber stands. These funds are necessary because of the 1980 desig- nation of 1.6 million acres of commercial forest land as Wilderness. Intensive management monies should be authorized up to $18 million per year. ALA rec- ommended . but should be subject to the annual appropriation process. The expenditure of inten- sive management funds should be limited to accessing marginal timber by preroading of existing and new timber sales, reforestation and thinning and fisneries enhancement. The loggers policy statement also called for retaining the exemption from Section 6(K) of the National Forest Management Act to access timber stands in marginal areas. Access to marginal timber areas is made necessary by the Wilderness designations which cover more accessible commercial forest land. Tongass legislation should also allow for drainage management in which larger clearcut size would be permitted so long as it is not inconsistent with multiple -use management and other resource values. The ALA explained that clearcut size is not the best management prac- tice on the Tongass because it does not neces- sarily minimize the potential impact of timber harvest on the national Forest. The ALA warned that perceived problems of individual contracts should not drive legislation which can have far-reaching impacts on the people and the communities of Southeast Alaska. It suggested that matters concerning individual contracts should be negotiated between the U.S. government and respective private party. In addressing land issues, the statement said that new land allocations, which add to desig- nated Wilderness or other protected status. Executive Committee 0111cm President ... ..................... J. Shelby Stastny Vice President .................. Ethel H. "Pete" Nelson Vice President ...................... John Forceskie Secrelary ... ..... .................. Stephen Ellis Treasurer ........... ...............Larry Laughman Past President ......................... Joseph Henri Stan Executive Director ...................... Becky L. Gay Public Relations Director ................ Carl Portman Finance and Member Services Director .. Anne M. Bradley Projects Coordinator . .............. Debbie Reinwand Staff Assistant ...................... Kimberly R. Duke Getting the most from RDC r k By Anne M. Bradley Much to my chagrin, when I thanked our conference sponsors in last month's Re- source Review. I failed to recognize the Alaska R.O.A.D. Association, an exhibitor at the conference and a new -comer to the Alaska non-profit scene. The Alaska R.O.A.D. Association (Alaska Road Opportunities for Access & Develop- ment Association), is based in Cordova and is an association of businesses and indi- viduals who promote environmentally -sound road development in Alaska to provide opportunities and access to Alaskan land for recreation and economic development. RDC sincerely thanks the Alaska R.O.A.D. Association for its support of our conference and for its patience in receiving thanks for that support! should not be the subject legislation, nor should they be made prior to completion of the Tongass Land Management Plan (TLMP). However, if Congress decides in the public interest to allocate land areas in advance of TLMP, ALA believes that only portions of the following areas should be considered for re- mbval from multiple use management: Yakutat Forelands, Kadashan, Lisianski, Karla, Nutkwa and Chuck River. The boundaries of areas considered for removal from multiple use management must be carefully delineated, a task which members of ALA are prepared to do. Areas removed should not block access to areas under multiple -use management and allocation should facilitate, not block, access for power transmission and transportation corridors. Areas now in protected status should be reviewed to provide substitutes for new areas removed from multiple -use man- agement. Resource Review is the official monthly publication of the Resource Development Council, Box 100516, An- chorage, Alaska 99510 — (907) 276.0700. The RDC business office is located at 807 G Street, Suite 200, Anchorage. Material in the publication may be reprinted without permission provided appropriate credit is gnren. Carl Portman Editor d Adwfi % Manager April 1989 / RESOURCE REVIEW / Pane 7 .7, N PO - // KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING `APRIL 4, 1989; 7:30 P.Mx BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA - A G E N D A - Page Nbr. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION: Assemblymember McGahan n`'. `- (0 D. ROLL CALL E. VACANCY, DESIGNATION OR SEATING OF ASStr� F. APPROVAL OF MINUTES: March 21, 1989 1 G. COMMITTEE REPORTS (a) Finance (Chm. Crawford, V. Chm. Carey, Glick, 1 O'Connell, Nash, Walli) (b) Local Affairs/Legis. (Chm. Skogstad, V. Chm. 1 Mullen, Glick, McGahan, O'Connell, Poindex- ter) & Report from M. Huss on Juneau (c) Public Works/Ed. (Chm. McLane, V. Chm. Moock, 2 Brown, Hodgins, McGahan, Skogstad, Keene) H. REPORTS OF COMMISSIONS AND COUNCILS I. MOTIONS TO RECONSIDER J. AGENDA APPROVAL AND CONSENT AGENDA (a) Vacation of entire 20 ft. utility easement 2 centered on lot line common to Lots 5 and 6, Block 1, Stariski Park Subdivision 1980 Addi- tion (b) Vacation of a ten foot utility easement 2 within and adjacent to westerly boundary of Lot -A, and a twenty foot north -south utility easement within Lot 6-A, Leisure Lake Subd., Lau Addition K. ORDINANCE HEARINGS (a) Ord. 89-16 "Prohibiting the Conduct of Games 2 of Chance and Contests of Skill by Operators Enactd and Limiting the Conduct of Such Activities as Amnd Within the Kenai Peninsula Borough to a Per- son Holding a Permit Under A.S. 5.15.100" (Brown/Nash) (b) Ord. 88-49 "Amending KPB Chapter 20.20 9 Regarding Subdivision Design Requirements by Pstpd Enactment of a New Section 20.20.035 Provid- 7_18 ing Access Requirements for Proposed Subdivi- sion of Land Isolated by the Alaska Railroad Right -of -Way From the State Highway System" (Mayor) PSTPND to 4/4 (c) Ord. 89-21 "Emergency Appropriation of 9 $3,000,000 to Provide Funding for Response to Enactd the Exxon Valdez Oil Spill Impacts to the Kenai Peninsula Borough" (Mayor) Page Nbr. L. INTRODUCTION OF ORDINANCES (a) Ord, 89-12 "Accepting and Appropriating an 2 Additional $4,800 in Coastal Management Grant Hrg 5-2 Funds and Reappropriating Existing Coastal Management Grant Funds" (Mayor) (b) Ord. 89-20 "Amending the KPB Code of Or- 2 dinances to Permit Semi -Annual Filing for Hrg 5-2 Certain Low Volume Businesses" (Nash) M. CONSIDERATION OF RESOLUTIONS (a) Res. 89-39 "Affirming the Declaration of 10 State of Emergency Arising from the Exxon Adptd Valdez Oil Spill as Declared by Mayor Gilman on Saturday, April 1, 1989" (Mayor) (b) Res. 89-40 "Statement of Concern and Request 10 for Action and Compensation by Exxon and Adptd Alyeska Pipeline Service Company to Com- munities and Individuals Impacted by the Ex- xon Valdez Oil Spill" (Mayor) (c) Res. 89-30 "Selecting an Insurance Brokerage N/A Firm for the Borough and School District" (Mayor) (d) Res, 89-32 "Requesting the Naming of a N/A Nikiski Bridge "Clint Starnes Memorial Bridge" (Brown) (e) Res. 89-33 "In Support of the Modification of N/A the Economic Limitation Factor by the State of Alaska" (Mullen, Skogstad) (f) Res. 89-34 "Opposing Legislation Raising N/A Taxes on the Sale of Gasoline" (Carey) (g) Res. 89-35 "Declaring the Assembly of the N/A Kenai Peninsula Borough Improperly Appor- tioned" (Carey) (h) Res, 89-36 "Approving an Agreement with the 2 City of Soldotna to Develop and Produce Maps Adptd on the Borough's Geographic Information Sys- tem" (Mayor) (i) Res. 89-37 "Requesting the US Army Corps of N/A Engineers to Conduct Studies for the Feasibility of Developing Navagation Improve- ments at Anchor Point" (Mayor) (j) Res. 89-38 "Providing for the Transfer of 11 Routine Maintenance of School Facilities from Contd. the Borough to the School District" (Mayor) 4-18 N. PENDING LEGISLATION (This item lists legislation which will be ad- dressed a later time as noted) (a) Ord. 89-5 "Amending Kenai Peninsula Borough Ordinance 81-47 Which Adopted Municipal Powers Necessary to Provide Ports and Har- bors, 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 I Page Nbr. (b) Ord. 89-17 "Amending Kenai Peninsula Borough Code Section 21.01.025 to Allow Cities to Make Minor Amendments to City Cdkprehensive Plans" (Mayor, Req. Planning Commission) HEAR 4/18/89 (c) Ord. 89-18 "Appropriating $350,000 from the Undesignated Fund Balance of the South Penin- sula Hospital Service Area Fund Balance" (Mayor, Req. SPHSA Board) HEAR 4/18/89 (d) Ord. 88-27(Revised) "Amending KPB Title 21 to Add a New Chapter 200 Pertaining to the Burial, Dumping, Transporting, Storage, In- cineration, or Other Disposal of Potentially Harmful, Toxic or Hazardous Waste Materials, and Amending KPB 10.10 Pertaining to the Waste Disposal Commis-sion" (Nash) Referred to Plan.Cmsn./Assm.T.F. (e) 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 O. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB- JECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Q. MAYOR'S REPORT R. OTHER BUSINESS S. ASSEMBLY AND MAYOR'S COMMENTS T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT (4/18/89) 12 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES APRIL 4, 1989; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER The regular meeting was called to order by Pres. Jonathan W. Sewall at 7:30 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Assemblymember Karen McGahan. D. ROLL CALL PRESENT: Assemblymembers Brown, Crawford, Glick, Hodgins, Keene, McGahan, McLane, Moock, Mullen, Nash, O'Connell, Poin- dexter, Sewall, Skogstad, Walli; Mayor Gilman, Atty. Boedeker, Admn. Asst. Huss, Borough Clerk Brindley EXCUSED: Assemblymember Carey E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: March 21, 1989 The minutes were approved with minor corrections to pages 1 and 2; to add excused member's name and "consent agenda". G. COMMITTEE REPORTS (a) Finance (Chm. Crawford, V. Chm. Carey, Glick, O'Connell, Nash, Walli) Mr. Crawford reported the Finance Cmte. recommended the or- dinances for introduction be placed on the consent agenda. He reported Finance joined the Public Works Cmte. for discussion of two other items. (b) Local Affairs/Legis. (Chm. Skogstad, V. Chm. Mullen, Glick, McGahan, O'Connell, Poindexter) Mr. Skogstad reported the committee met at 3:00 p.m. and spent nearly two hours in discussion of Ord. 89-16 but did aot have a specific recommendation. He requested Marla Huss be allowed to present her report. Ms. Huss reported the revenue forecast came out Friday, looking better than anticipated. The House Caucus met Thursday and Friday to discuss the proposed budget cuts which will be listed in the written report to be mailed. They had an agreement with the governor to cut $95 million in pass through program cuts and the governor was to come up with $95 million in agency cuts. Following the revenue forecast the consensus was that such cuts would be diminished. They decided to use ELF in conjunction with budget cuts to pass a balanced budget. There was a general feel- ing foundation funds should be held harmless and there was agree- ment in the Senate as well. Approximately 90% of entitlement is being considered. HB 37, school construction, has had the sec- tion deleted which is the formula for proration of underfunded dollars between the school construction account and debt reim- bursement. A bill was introduced to raise the cap on local fund- ing from 21 to 23% but the bill could be used to lower the state contribution. Another bill would change the senior/veterans ex- emption to an optional program that local municipalities might choose to continue on their own. She felt it also was intended to lead to discontinuance of funding in the future. 1 (c) Public Works/Ed. (Chm. McLane, V. Chm. Moock, Brown, Hodgins, McGahan, Skogstad, Keene) Mr. McLane reported the committee recommended Res. 89-36 be placed on the Consent Agenda as well as introduction of Ords. 89-19 and 89-20. After joining Finance Cmte. there was a lengthy discussion on the emergency appropriation for oilspill mitigation with unanimous support for Ord. 89-21. Also discussed jointly was Res. 89-38, the transfer of maintenance operations to the school district with no recommendation. H. REPORTS OF COMMISSIONS AND COUNCILS There were no reports. I. MOTIONS TO RECONSIDER J. AGENDA APPROVAL AND CONSENT AGENDA Pres. Sewall noted the recommendation to place introduction of Ordinances 89-19 and 89-20 and Res. 89-36 on the Consent Agenda. He reported Mr. Carey, sponsor of Resolutions 89-34 and 99-35 was unable to attend and asked those items be withdrawn from this agenda. Mr. McLane reported family financial involvement with the contract approved with Res. 89-36, stating he had abstained from the discussion or recommendation of it. Mr. Crawford requested the addition of Ord. 89-21 as Item K(c), an emergency appropriation that would be backed up by another with normal time allowed for public hearing. Mrs. Walli requested the addition of Resolutions 89-39 and 89-40 in appropriate sequence. Pres. Sewall invited public comment and as there was none, the agenda and Consent Agenda were approved by unanimous consent as follows: (a) Vacation of entire 20 ft. utility easement centered on lot line common to Lots 5 and 6, Block 1, Stariski Park Subdivision 1980 Addition (b) Vacation of a ten foot utility easement within and ad- jacent to westerly boundary of Lot -A, and a twenty foot north -south utility easement within Lot 6-A, Leisure Lake Subd., Lau Addition (c) Ord. 89-19 "Accepting and Appropriating an Additional $4,800 in Coastal Management Grant Funds and Reap- propriating Existing Coastal Management Grant Funds" (Mayor) HEAR 5/2/89 (d) Ord. 89-20. "Amending the KPB Code of Ordinances to Per- mit Semi -Annual Filing for Certain Low Volume Businesses" (Nash) HEAR 5/2/89 (e) Res. 8.9-36 "Approving an Agreement with the City of Soldotna to Develop and Produce Maps on the Borough's Geographic Information System" (Mayor) K. ORDINANCE HEARINGS (a) Ord. 89-16 "Prohibiting the Conduct of Games of Chance and Contests of Skill by Operators and Limiting the Conduct of Such Activities Within the Kenai Peninsula Borough to a Person Holding a Permit Under A.S. 5.15.100" (Brown/Nash) KENAI PENINSULA BQAQUGH S,. EMAt y MRSTTNG APRIL 4, 19a9 ASSEMBLYMEMBER BROWN MOVED THE ENACTMENT OF ORD. 09-16. Mr. Skogstad reported Local Affairs Cmte. heard testimony from a number of interested persons on this ordinance but the committee had no consensus for recommendation. Public hearing was opened. JohA. Blomfield, Anchorage, stated he is an operator and came to explain what an operator does. He reported involvement with many non-profit organizations which, even with a game permit, had not been making sufficient income. When their permit was lent to an operator, he was able to increase their income from $300-$1,000 per month to $3,000-$10,000 per month. He later became an operator in order to more effectively raise revenues for non- profits in 12 cities in the state. He reported his take amounts to approximately $1,000 per month. He believed the ordinance would allow a select few organizations to gain rather than have the income spread equally. He stated the smaller organizations would be the ones hurt by it because they cannot conduct their own games. Gary Thomas, Homer, reported his affiliation with public radio and Kachemak Bay Lion's Club which are permitees raising funds through volunteers, not operators. Many local causes receive the benefits and none of the dollars go elsewhere. He urged adoption of the ordinance. Barbara Waters, Kenai, believed Mr. Brown should have abstained from voting on this ordinance due to his employment with an or- ganization which benefits from pull -tabs. Although she does not participate in the games, she urged defeat of the ordinance, questioning its effectiveness and enforcement and its inter- ference with private enterprise. Dg4n Kvasntkoff, Ninilchik, represented the American Legion which derives all its revenue from the sale of pull -tabs and bingo to sponsor many worthwhile activities from ambulance service to col- lege scholarships. He felt the ordinance was like an infringe- ment on free enterprise as they conduct their own bingo games but contract with an operator for pull -tabs. Jerry Collins, Soldotna, represented Soldotna Lions Club, speak- ing for enactment. He believed with operators more money is taken from the community than is returned. He had noticed a decrease in revenue since operators have come into the community. XUQnne Winters, Soldotna, represented -the Women's Crisis Center and reported being approached by an operator proposing to use their permit at Pull Tab City. After questioning the operator, the board decided there would not be sufficient money remaining in the community nor returned to the permit holder that they wanted to be involved with it. Bob Thomas, president of Lottery Alaska, Inc. with main office in Anchorage, reported he was an operator who contracts with various charities statewide. He stated the criteria for an organization to use Lottery Alaska is that (1) they provide services statewide, (2) be in the field of medical research and health services and (3) be a non-profit organization serving children. He urged defeat of the ordinance, believing the statute speaks to regulation of operators by municipalities rather than elimina- tion. In response to a question from Mr. Hodgins asking all speakers to state whether they collect sales tax, Mr. Thomas stated they had been advised that under state law the price of the ticket is not taxable as it is merely a chance which may or may not have value. He stated they fully intended to pay any taxes that were due in any community in which they operate. Larry Petters, Soldotna owner of Pull Tab City, reported business is slow; few people who go there also go to bingo. He felt they could bring a lot of money into the community while benefiting small non-profit organizations. He stated they could sponsor 6 local permits which earn approximately $20,000 each. He believed as long as even one non-profit wants to use an operator the op- tion should remain open. Vern eh ke, Soldotna, stated in regard to the comment that Mr. Brown had a conflict of interest, that everyone is effected in some way by the non -profits in the community. He reported asking each non-profit whether they had lost money since Pull Tab City opened and all indicated they had. He reported Soldotna Little League was in danger of having to close due to loss of revenue and if the ordinance is not enacted, many organizations will be asking the assembly for assistance. Answering questions, he stated bingo has been operating at a lose and would discontinue if there were no change. Approximately 650 children benefit from Little League activities; the Soldotna group received $110,800 from the games last year. On bingo and pull tabs, the total gross revenue before expenses this year is $9,311; last year at this time the same revenue was $30,848. Sharon Hale, Soldotna, spoke as a mother of children benefiting from Little League. She believed the state law was passed so that non-profit organizations would have a source of income, not so one person could receive income. Vicki Leach, Soldotna, stated the organizations benefiting from these games have taken up the slack left by budget cuts to the school athletic programs. She had worked with the games and ob- served the flow of plakyers go from community games to the profes- sional operators and urged enactment of the ordinance. StepIgn_SchArkle, Anchor Point, believed in local community games with all proceeds going to local needs rather than a small per- centage. Joe Nyquist, Fairbanks, owner of Pull Tab City and four other stores in the state, described his procedure of setting up a business which returns more than the minimum required percentage to non-profit organizations whose game permits he uses. He stated through the five stores he can exhaust a permit once a month for which the permittee receives approximately $20,000 cash. He stated there were many organizations that were not set up to handle the details required to sell pull tabs. Answering questions he stated for each permit he is allowed approximately $625,000 in gross sales with a $500,000 payback, his profit amounts to 20-30%. He reported the Dept. of Revenue levies a 3% tax on pull tab purchase but he was unaware of a borough sales tax until this date. He stated a person can regulate the amount of payback when he purchases the pull tabs from the distributor. He anticipated the local store would generate approximately $1 million in prize money in a year. Eljz eth Hawkins, Soldotna, reported she works for Pull Tab City and believed the only difference between it and the bars and 7 Elevens who sell pull tabs is that their store is licensed and bonded. She stated with 10 bingo games per week between Kenai and 'Soldotna none of them could make much money. She believed people should have the right to use operators if they don't have the time or money to run the games themselves. She pointed out much of the money paid guides during the fishing season goes out- side to be spent, perhaps they should be stopped. KENAT P, ANJASUL.A WROUQH A AMLY MMETINC &RRIL 4, 1989 Q rah JC WJ, Soldotna, reported she worts for Pull Tab City and there is almost no business after 5 p.m. so she did not think they were hurting the evening bingo games. She also spoke to the amount of bookk*eping involved. Hal— An , Soldotna, believed if Pull Tab City was shut down the outlets in 7 Elevens and the bars should also be discontinued. B1&j,Ra J IM&A, Attorney for Pull Tab City, believed the ordinance would hurt outlying areas of the borough, that it was unfair to this non-profit organizations in smaller communities. He re- quosted the assembly to be mindful of new state re ulations com- ing out which he understood would narrow the definition of "professional operator". He urged defeat or postponement until the new regs were released. In answer to questions, he stated the manager of Pull Tab City called the borough to find out if any sales tax ordinance applied when it was opened and was told the ordinance did not apply. If it was determined a salts tax should be charged, there would be no argument, it would be added to the cost of the tab. Kathy Scott, Executive Director for Soldotna Chamber of Commerce, displayed a description sheet taken from a pull tab field showing how the winners fall. She detailed the breakdown of expenses and revenue from pull tabs that finance the Chamber's operation along with bingo. She stated the report as submitted was.. correct; for the last several years their income has been $44,000. She com- pared a year's operation of games without "maxing out" their per- mit with the operator's claim of "using up" one permit per month. Tom Janz, Soldotna, Soldotna Chamber Board member, stated the Kenai Peninsula Visitor Information Center is operated by the Chamber on contract with the City of Soldotna. He stated cur- rently the income from Wednesday night's games is down $13,000 from this time last year. He believed local dollars should remain in the community to meet volunteer project needs. ,jean Bunn, Kenai Peninsula Builders Association, reported the orlanization's support of the ordinance as a positive step toward controlling the charitable gaming in the borough. Professional operators should be prohibited in the borough and state as well. The association will continue to urge legislators to change the law so that charitable gaming revenue will not be taken out of the community. Their organization last year provided 3 scholar- ships, various machines and tools have been donated to the high school trade classes and the total education donation in the past year and a half was over $6,800. She urged protection of local non-profit organizational funding. Mary Helmi;ski, Soldotna, reported as an employee of Soldotna Little League conducting games, that organizations are forced to purchase all pull tabs from the 12 Alaska distributors, who are also operators. She reported when she started helping with bingo 8 years ago there were approximately 15 players and now they come from surrounding communities as well. It provides entertainment for many who need something to do. Ray Clements, Anchorage, serving as Executive Director for Parents United, a statewide self help and counseling program for sexually abused children and their families. He stated their main concern was program services; they have an office in Kenai which provides anonymity for people seeking help from Anchorage and vice versa. They have done training at the Family Recovery Center and plan additional training with outreach to other areas of the Peninsula. Funding comes through a staff fund raiser who monitors and controls pull tab locations, mainly in bars and grills. Pam , Soldotna, stated she works for Mykels Restaurant which is one location of the Parents United pull tab games. She stated all proceeds are turned over to them beyond a rental fee and she would not like to see the games prohibited. Terry Stahlman, fund raiser for Parents United, stated the amount going to Mykels as rent for the past month was $465 per game for two games. He listed other fundraising activities he organizes for Parents United which was one of the non -profits that had been impacted by the budget crunch. Answering questions, he stated there are approximately 40 pull tab locations on the Peninsula providing revenue to the organization, generating around $20,000 per month from the Peninsula. Public hearing was closed. ASSEMB'LYMEMBER GLICK CHALLENGED MR. BROWN'S PREROGATIVE TO DIS- CUS"S AND VOTE ON THE MATTER DUE TO HIS RECEIVING A SALARY FROM A NON-PROFIT ORGANIZATION WITH A GAME PERMIT. Mrs. Glick stated although the assembly voted to allow his par- ticipation at introduction of the ordinance, a member of the public had again raised the question of conflict of interest and she felt it should go to vote a second time. Mr. Brown stated he is Executive Director of People Count which holds a non-profit game permit but the games are run by volun- teers and none of the proceeds go towards salaries. They fund medical expenses, day care for students, and other charities. His salary and most expenses are paid from student loans and grants. VOTE WAS CALLED AND THE CHALLENGE WAS UPHELD BY A VOTE OF 7 YES TO 6 NO: YES: Skogstad, Hodgins, Moock, O'Connell, Glick, McGahan, Keene NO: Poindexter, Mullen, Crawford, Sewall, Nash, Walli MR. O'CONNELL RAISED A POINT OF ORDER STATING THE MOTION TO ENACT BY MR. BROWN WAS IMPROPER IF HE HAS BEEN DECLARED TO HAVE A CON- FLICT OF INTEREST. ASSEMBLYMEMBER MC GAHAN MOVED THE ENACTMENT OF ORD. 89-16. Mrs. Walli forwarded the testimony of Donna Scrogins of the Homer American Legion Auxiliary in support of the ordinance. Mrs. Walli added her support of the ordinance in order to protect lo- cal non-profit organizations. Mr. Hodgins believed if the ordinance fails the operators could be defeated by the borough's demand sales tax be paid while al- lowing non -profits to be exempt. He asked the attorney if non- profits could be exempt. Atty. Boedeker stated the sale of tick- ets of chance and pull tabs are classified as a retail sale and subject to sales tax. However, the code also provides that sales by certain non-profit organizations who are open to all inter- ested members of the public without discrimination are exempted as sellers from having to collect tax. Most of the permit holders would be exempt; a commercial operator would not be. Mr. Skogstad noted the ordinance is not perfect and he did not think it would have the effect hoped for if enacted. The state statutes and regulations definitely need to be changed; he hoped the ordinance would serve as a message to legislators as to the seriousness of the problem. Mrs. Moock believed it all came down to a profit vs a non-profit situation. Entrepreneurs have turned what was intended to be an assistance to charitable organizations into a very lucrative ven- ture. The legislature has specifically included the ability of the municipalities to prohibit the activity, some have already passed such ordinances and others are considering them. She felt the responsibility of the assembly was to protect its con- stituents. Mr. Mullen stated his preference for other activities to raise funds. Mrs. Glick reported attending the teleconference held in Soldotna while in Juneau and Dept. of Revenue Malone was reading the statute as testimony was given. She believed he and legislators present perceived the problem as the statewide {problem it is. She believed regulations would soon be written for operators and that they should be treated as big business and that free en- terprise should be encouraged, not prevented. Pres. Sewall passed the gavel in order to comment that he is philosophically opposed to professional operators in what is sup- posed to be charitable operations. It seemed, however, the legislature recognized the loophole when they provided that municipalities could outlaw operators. Regardless of the outcome of this ordinance he stated his intention to write his legis- lators asking them to change the law to prohibit operators. He did not believe it was a question of free enterprise when it was a law that was written to help non-profit organizations. He stated his objection to the manner in which supporters of the or- dinance treated people who spoke against it in public hearing. The gavel was returned to Pres. Sewall. Mrs. McGahan stated her disatisfaction with the ordinance as well as the situation without it. She recalled rarely voting to restrict any activity, particularly free enterprise. In com- mittee a difference was discussed between operators and vendors but they were told state law does not address vendors. She asked if the ordinance would apply to all sales of pull tabs. Atty. Boedeker stated it would apply only to those providers classed as operators under the statute. He stated the question of vendors would have to go to the state for a determination; it had come up only in the committee meeting this date. Another question to be referred is whether rental of space in bars or restaurants is taxable. ASSEMBLYMEMBER POINDEXTER MOVED TO TABLE ORD. 89-16 AND IT FAILED BY A VOTE OF 4 YES TO 9 NO: YES: Poindexter, O'Connell, Glick, McGahan NO: Skogstad, Hodgins, Moock, Mullen, Crawford, Sewall, Keene, Nash, Walli Mr. Crawford stated while a change in state law is really what is needed, until that happens, he believed the ordinance could prevent an increase in the problem. Mr. Skogstad stated he had been in touch with Dept. of Revenue's Kelsey Parsons and their definition of vendor was the people who run pull tabs in bars or stores, etc., not operators. ASSEMBLYMEMBER MOOCK MOVED TO POSTPONE ORD. 89-16 UNTIL APRIL 18 TO ALLOW THE ATTORNEY TO GET CLARIFICATION AS TO WHO IS AN OPERATOR AND WHO WOULD BE AFFECTED, BUT NOT CONTINUATION OF PUBLIC HEARING. Mr. Nash spoke against postponement, stating the ordinance was not intended as a cure-all, but to stop professional operators in the borough except for those cities who opt to permit them. VOTE WAS CALLED AND POSTPONEMENT FAILED BY A VOTE OF 2 YES TO 11 NO: YES: Poindexter, Moock NO: Skogstad, Hodgins, Mullen, O'Connell, Crawford, Glick, Sewall, McGahan, Keene, Nash, Walli ASSEMBLYMEMBER MC GAHAN MOVED TO ADD THE WORD "PROFESSIONAL" BEFORE THE WORD "OPERATOR" IN THE TITLE AND IN THE SECOND AND THIRD WHEREAS CLAUSE. In answer to a question regarding the "professional operations" in Section 1, a title to the codified paragraph, Atty. Boedeker stated the language in the paragraph is not ambiguous it is an outright ban on operators so the wording of the Whereas clauses would not be required for interpretation. Neither would the title of the paragraph have an effect on its intent but he recom- mended deletion of "professional" from the title of the codified paragraph. Mrs. Moock requested a 10 minute recess to confer with the attor- ney and it was granted. THE MC GAHAN AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT. ASSEMBLYMEMBER NASH MOVED TO AMEND SECTION 1 BY REMOVING THE WORD "PROFESSIONAL" AND CHANGING "OPERATIONS" TO "OPERATORS" AND IT WAS APPROVED BY UNANIMOUS CONSENT. Mr. Nash urged enactment of the ordinance rather than waiting for the legislature to amend the law and regulations are changed. He stated enacting the ordinance will not prohibit small non -profits from participating in pull tab operations if they want to. He would prefer that all proceeds remain with the charitable cause rather than profit being made from a procedure that was set up for the benefit of non-profit organizations. Mr. Hodgins and Mrs. Moock requested Mr. Brown be allowed to speak as a member of the public who was precluded from doing so during public hearing, and then by assembly action from doing so during assembly discussion, particularly since he was a sponsor. Pres. Sewall believed that would be in order. Mr. O'Connell raised an objection, asking the attorney for an in- terpretation. Atty. Boedeker stated the action of the body to prevent Mr. Brown from acting on the ordinance does not preclude him from commenting as a member of the public. He was unsure if Mason's Manual of Procedure would preclude testimony after public hearing was closed. Pres. Sewall stated he would allow Mr. Brown to speak unless there was objection and there was none. Jack Brown, Nikiski, stated his appreciation for the people who had come from Anchorage and Fairbanks to demonstrate the amount of interest there is for pull tabs. He reported he had been con- tacted from outs--ide the state as well. He stated in the telecon- ference with legislators and Cmsnr. Malone they were assured the assembly has the right to prohibit the activity. He felt is was a matter of big-time money interests vs the Peninsula residents. If there was a public vote he was sure, if given the information, voters would support the ordinance. ORD. 89-16 WAS ENACTED AS AMENDED BY A VOTE OF 9 YES, 4 NO: 8 YES: Skogstad, Poindexter, Moock, Mullen, Crawford, McGahan, Keene, Nash, Walli NO: Hodgins, O'Connell, Glick, Sewall ABSTAINING: McLane, Brown (b) 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) ASSEMBLYMEMBER SKOGSTAD MOVED THE ENACTMENT OF ORD. 88-49. Pres. Sewall stated Mr. Weeks, from the Railroad was present un- til 10:30 p.m. but had to leave to catch a plane. Mr. Skogstad reported Local Affairs Cmte. discussed the ordinance and the fact that the Railroad Board is currently working on a permit application, which should be in the ordinance, requiring a developer to get a permit in order for a subdivision to be in compliance with this ordinance. Three months to complete that process was suggested by Mr. Weeks. Pres. Sewall felt ill and passed the gavel to Vice Pres. McGahan. Public hearing was opened. Cliff Baker, Soldotna, stated he had been working for the last two and a half years to get crossings put in Seward. He asked if problems previously addressed in public hearing had been solved. Mayor Gilman stated Asst. Atty. Reeves has been working with Mr. Weeks, but he believed the issue of the permit and its require- ments and responsibility are still on the table. Atty. Boedeker stated the discussions recently have been ad- dressed to the maintenance issue and he did not think they were reviewing sight distances or the nature of the crossing to be constructed. Mr. Baker stated his concern was that the railroad provided designs for crossings at variant speeds and if there is a stop sign, the sight triangles can be held within the railroad right of ways. If you go through the varying speeds up to what they consider their maximum crossing speed of the auto traffic at 35 mph, the sight triangles go beyond their right of ways, beyond 60 foot parallel right of ways, if those are required, into private property even without sight triangles being given up as easements or cleared, the crossings can be halted. He stated something needs to be addressed towards the sight crossing or towards regulating the speed at crossings because people who have nothing to gain by giving up right of way will not do so. Public hearing was closed. ASSEMBLYMEMBER SKOGSTAD MOVED TO POSTPONE ORD. 89-49 UNTIL JULY 18, 1989. MOTION WAS APPROVED BY UNANIMOUS CONSENT. Mayor Gilman reported reason for the requested delay was that the state Ombudsman has been requested to look at the interpretation of this statute, the regulations and how they are administered and come back with a proposal. He believed the concern on cross- ings might be a point that is negotiable in the permitting process. (c) Ord. 89-21 "Emergency Appropriation of $3,000,000 to Provide Funding for Response to the Exxon Valdez Oil Spill Impacts to the Kenai.Peninsula Borough" (Mayor) ASSEMBLYMEMBER NASH MOVED THE ENACTMENT OF ORD. 89-21. Mayor Gilman referred to a written report on the spill and stated his comments would apply to Res. 89-39 and 89-40 as well. He reported he was called by the City of Seward which had declared an emergency following reports the oil was approaching Resurrec- tion Bay. He sent Emergency Services Director Heavilin to Seward the morning of March 30 to participate in a discussion of what could be done. Boom was located in New Hampshire, the City got a purchase order from Exxon to purchase the boom, and it arrived with an expert from the manufacturer on the 31st. The Mayor stated he went to Seward on April 1st, met with city officials and called the attorney to state he was declaring an emergency. The governor had already declared it a disaster. A joint effort was needed and a Multi -Agency Coordinating Group was formed and a plan to get the City of Seward out from under financial risk. He asked Pres. Sewall to advise as many assembly members as he could reach that he was making available appropriated funds because the City did not have the cash to do that. On April 2, the group flew to Valdez and ADEC signed the reimbursement agreement copied for assembly members which states $200,000 in state funds has been allocated to cover expenses already incurred. The MAC group must authorize each expenditure. He stated it became clear this morning that much more would be needed and the appropriation was enlarged to $3 million. ADEC has asked Exxon officials to come to Seward and assess the activity since they will eventually pay the costs. He stated he, the MAC group, Coast Guard and Exxon representatives will meet April 5 to decide how to proceed; he expected Exxon to approve the expenditure that would approve reimbursement. The ordinance states there will be no expenditure without that agreement for the entire amount. He requested cor- rection of the date of the declaration in Res. 89-39 from April 2 to April 1. He believed Res. 89-40 was timely and added support for all the communities effected and should be sent to the legis- lators of the Prince William Sound communities. Public hearing was opened and there was no public comment. EMERGENCY ORD. 89-21 WAS ENACTED BY UNANIMOUS CONSENT. ASSEMBLYMEMBER NASH MOVED TO SUSPEND THE RULES TO BRING FORWARD RES. 89-39, 89-40 AND 89-38. THERE WAS NO OBJECTION. L. INTRODUCTION OF ORDINANCES M. CONSIDERATION OF RESOLUTIONS (a) 8Its. 89-39 "Affirming the gency Arising from the Declared by Mayor Gilman (Mayor) Declaration of State of Emer- Exxon Valdez Oil Spill as on Saturday, April 1, 1989" ASSEMBLYMEMBER NASH MOVED THE ADOPTION OF RES. 89-39 WITH THE AMENDMENT AS TO DATE OF THE DECLARATION. WITHOUT DISCUSSION IT WAS APPROVED BY UNANIMOUS CONSENT. (b) Res. 89-40 "Statement of Concern and Request for Action and Compensation by Exxon and Alyeska Pipeline Service Company to Communities and Individuals Impacted by the Exxon Valdez Oil Spill" (Mayor) ASSEMBLYMEMBER WALLI MOVED THE ADOPTION OF RES. 89-40. Mrs. Walli noted the Mayor's suggestion that it be sent to the legislators of all communities effected. 10 (c) Res. 89-38 "Providing for the Transfer of Routine Main- tenance of School Facilities from the Borough to the School District" (Mayor) ASSE14SLYMEMBER GLICK MOVED THE ADOPTION OF RES. 89-38. Cindy COCk_XQU, Soldotna, stated her opposition to the resolution was based on the fact that: (1) building maintenance would suffer from lack of funds because school district is working at the budget cap level and priorities of the school board are for education, (2) building maintenance is the best insurance to get maximum life expectancy from the buildings and the value of preventive maintenance has been proven. Rob Pennington, Soldotna, stated his opposition as the system is working well at present and should not be changed. With the change could come litigation regarding fire alarms, boilers and other mechanisms which require maintenance and if they fail children would be harmed. In 1969, when maintenance was trans- ferred to the Borough, there was $100,000 worth of fire marshal code violations to be corrected. Jack Evans, Soldotna, reported he is employed by Maintenance. He went through the schools as a student during the time they were under school district maintenance and repairs were few. He com- pared Peninsula school upkeep with that of Anchorage and else- where, where signs of neglect are apparent. He felt the borough's valuable buildings should be protected. Nick Trudeau, Kenai, stated he is President of Kenai Borough Employees Association. He was sure if the transfer went through that maintenance of the buildings would go down. The school district's main priority is education --as it should be. With the transfer the assembly will lose control of how the buildings are maintained and what projects are done. He stated the taxpayers of the borough deserve to have their buildings maintained in a manner befitting the facilities. Pres. Sewall returned and the gavel was passed to him. William Konke, Soldotna, also a borough employee, asked with a good system working, why there should be a change. He hoped the assembly would take time to study the effect of the proposal and know how the budget cap works. ASSEMBLYMEMBER MC LANE MOVED THE POSTPONEMENT UNTIL APRIL 18. Mrs. Moock supported postponement and requested the school board be invited to join the assembly for a worksession prior to the meeting. Mr. McLane asked the mayor if the 18th was sufficient time for consideration and Mr. Gilman stated it was appropriate to make that decision before the school budget is approved. The real question is what borough resources are going towards education. The proposal that is different this year is the placement of maintenance funding into the school budget ordinance. Pres. Sewall stated as the deadline for legislative action was imminent, this resolution would be the first item of discussion at the next meeting in any event. ASSEMBLYMEMBER MC LANE MOVED TO ADJOURN AND THE MOTION WAS AP- PROVED BY A VOTE OF 11 YES TO 4 NO: YES: Poindexter, Hodgins, Moock, McLane, Mullen, O'Connell, Craw- ford, Glick, Sewall, Keene, Walli NO: Skogstad, McGahan, Brown, Nash 11 U. NOTICE OF NEXT MEETING AND ADJOURNMENT Pres. Sewall stated the meeting of the four boroughs is scheduled for April 8 at 10:00 p.m. in Anchorage. On April 11 the Finance Committee is holding a public hearing in Homer on Ord. 89-18 and interested people are welcome to attend. The next regular meet- ing will be April 18, 1989. This meeting adjourned at 12:02 a.m. ATTEST: Borough Clerk Date approved Jonathan W. Sewall, AssiZly President 12 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MAY 2, 1909; ?e30 P.M. BOROUGH ADNYNISMTION BUILDING SOLD01MA, ALASKA - A G E N D A - A. CALL TO ORDER 2��`23�•���^ B. PLEDGE OF ALLEGIANCE C. INVOCATION: Rev. Alan Humphries (��� �� a� �.` Soldotna Church of c ' ',1 C', D. ROLL CALL IV! � . �� 1.0 � f v1 v E. VACANCY, DESIGNATION OR SEATING Z ASSE�i�IIIIIBRS vF. G. COMN�TTEEOREPORTSES: April 18, 19 �I//'I 8L9�}�4,�' (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. (C••n. 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 Firm for the Borough and School District, (Mayor)(Notice of Recon. Brown) J. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 89-45 'Authorizing the Mayor to Award a Contract for the Kenai Central High School Car- pet Replacement Project' (Mayor) (b) Res. 89-50 `Urging the State of Alaska to Fund a Water Quality Study of the Kasilof River" (Mayor) (c) Res. 89-51 "Authorizing the Mayor to Grant an Extension to Metco, Inc./Seward Service for the Maintenance and Operations of the Seward Landfill" (Mayor) K. ORDINANCE HEARINGS (a) Ord. 89-17 "Amending Kenai Peninsula Borough, Code Section 21.01.025 to Allow Cities to Make Minor Amendments to City Comprehensive Plans" (Mayor, Req. Planning Commission) PSTPND. 4/10 (b) Ord. 89-19 "Accepting and Appropriating an Addi- tional $4,800 in Coastal Management Grant Funds and Reappropriating Existing Coastal Management Grant Funds* (Mayor) (c) ord_ e9-20 "Amending the KPB Code of Ordinances to Permit Semi -Annual Filing for Certain Low Volume Businesses" (Nash) 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 Section 30, Township 5 North, Range 11 West, Seward Meridian" (Mayor) (b) Ord. 89-25 "Authorizing Borough Patented Lands to Be Leased to the Moose River Raft Race and Sterling Days, Incorporated" (Mayor) (c) Ord. 89-26 'Appropriating Funds for Fiscal Year 1989-1990" (Mayor) 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) (b) Res. B9-49'Setting Policy Regarding the Naming of Geographic Features, Bridges and Buildings' (Hodgins, McGahan) (c) Resolution "Commending Jessamyn Ann Tracy Upon Her Achievement as Alaska State Spelling Bee Champion" (Glick) (d) Resolution 'Commending Eric Barlow, Seward High School, for Winning the State Wrestling Cham- pion" (Glick, Sewall, Skogstad) 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, 1969" (Mayor) HEARING 5/16 (d) Ord. 89-24 "Appropriation for School Purposes for Fiscal Year 1989-1990' (Mayor) HEAR 5/16 (a) Ord. 88-49 'Amending KPH 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) PSTPHD to 7/18 (f) Ord. 88-27(Revised) "Amending RPB 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 RPB 10.10 Pertaining to the Waste Disposal Commis- sion" (Nash) Referred to P1an.Cmen./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 R. 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) Borough Clerk Kenai Peninsula Bogoug` 144 N. Binkley Soldotna, Alask4991%§77`9 , I � �` • /ice - ..' :'� :..._..._ .. -- � --. i . Janet Ruotsala, Clerk City of Kenai 210 Fidalgo Street Kenai, AK 99611 KENAI PENINSULA BOROUGH ASS8MBL7 COMMITTEES,MAY 2, 1999 ***BOARD OF EQUALIZATION BEGINS AT 6 P.M. — "DINNER WILL BE PROVIDED FOLLOWING BOE'+ STANDING COMMITTEES: TEMPORARY OR OTHER: FINANCE - MEETING AT 5:00 P.M. Frances Brymer Conference Rm. A John Crawford, Chairman David Carey, vice Chair Marie Walli Phil Nash Pat O'Connell Betty Glick LOCAL AFFAIRS/LEGISLATIVE 4:00 P.M. Frances Brymer Conf. Rm. B Jim Skogstad, Chairman Frank Mullen, Vice Chair Al Poindexter Pat O'Connell Betty Glick Karen McGahan PUBLIC WORKS/EDUCATION 5:00 P.M Frances Brymer Conf. Rm. B Sam McLane, Chairman Sharon Moock, Vice Chair Karen McGahan Jack Brown Jim Skogstad Mark Hodgins Brent Keene Alaska Coastal Policy Cncl. John Crawford, Assm. Rep. Cook Inlet Aquaculture Assn Brantley Keene, Assm. Rep. Data Processing Steering Cm Mark Hodgins, Assm. Rep. Kenai Caucus Betty Glick, Assm. Rep. Kenai Peninsula College Bd. David Carey, Assm. Rep. Economic Development Dist. Mark Hodgins, Sam McLane, Assembly Reps. Assembly/Planning Cmsn. Task Force Jim Skogstad Jack Brown Phil Nash ings. The public is invited to attend and address committee meet - Petitions received by the Clerk's Office will not be dupli- cated in the packet, but will be available in the Clerk's Office during regular office hours or at the Clerk's desk during As- sembly Meetings, for review. 4, U.S. Department of Transportation Federal Aviation Administration April 17, 1989 Mr. Timothy J. Rogers City Attorney City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mr. Rogers: Alaskan Region Kenai Municipal Airport Comprehensive Drainage Study ZINFO -13 ccc r•. , an r.•a•, a..v �. -. Anchorage, Alaska 99513-7 587 �,�1617f8fg2c CTI �F i � T 05 We have reviewed the title opinion submitted by you for the Kenai Muncipal Airport/Comprehensive Drainage Study. Kenai, Alaska, and find no distraction to the title. We concur that the City of Kenai has title satisfactory to the Administrator for the Comprehensive Drainage Study. Sincerely ssell L. Oyster Manager, Safety and Standards Branch Airports Division U :J r.... Z Z O c O Z U U W_ ?4 F, u 0 ¢ n ¢ a rr�n� Qj 4-3 S- o Cn CL U 4 - Z E h- U °C - W ¢ r c > 3 00 00 N d•� t— u -P a i 4J 0 to Z ]L O •r ll- V O r (n r6 C) v C) .0 C� CD Y ¢ a w 0 F W O U < Z' O � O CD r �] O u" oCOq�r RCN O ���n tA 4A Vi to to to to b4 >1 ra LAJ r A V W ° +I O Q w 0 U Z •. Y O M Q (A .� W c E v W ° W Z . wW p `n > O '� 1f1 U ra < to _ Q u E V ru 1- 0 H a c u CD oi! v M c ro O y CL C t\ _ Ln C �D .O O Q p � Q U Ci 'D O (� C c V) U W M- 4) C) wi c Z u W O E+ wj 0 O O ...1 J V v W �' J c O O_ C C)�N IL CA 0 N U- u•Q c .. E W o c c nUZ �'pZQ0 °1 E O E.E.Eoc-s v c = < C 4 O oZ u•���ai-M ow �•° ZLocu V uZ�U►Q�U�U o p� `Z = `�� o�tjv v o� o E Ou aF-►Q- O Z 0 .= N M v to o rl: m as rn LA Z N Z O u Z) 0 0 u �ri�\ 0 o " to N ,J J N J Cd .0 C)O v < c 1 >3 0 O Qe`r � v `c r In � r c rY 0--c ra O y L C ° 0 — ° c, E O'M v w U coo > s 2 L v a E U U a < Z Z ccvc- ° -C C n a `c cO _ W Y C v j n E f �GE0 _ -vim IJ O n C u O ! L U v L U it v oCa ac, ? 0 v ¢ E Ora i v L o v v sT�a3 0 0�ZC0 c n � � L a L v CO S L •rO•• •F•� C: v o U O O � N L i 41 to v O O •0 rn r- O •� 0 V V L v O V C C � U-0 o a � �O: O v C n a� ^_co°cUa3 D n < ce �Eam-0c � C: o ° `v v D..- L 0 U m v c t; o �E a Mu V ` G/ u. R •p o Oo vU w m Fc C: �- V ai c v C .. CLXSdD v'i 9. u c O 0 .r a U w C 7 m1L-U0. L L A C O ( H N rn L QC+ Z.crE W - ta0 � 3 � O vOL� v d Os 0..� �o3 U� O F- c 6rs W f� o = ,.. L u 0 c v �sF- 0 u-y.,Z v+ Cl 'fl 61 0 . V V y v m u ... E=E0 U = ,C C w o O C- a E Y V .V OvO0 d V vo Gn U' o-5v C N � v � -Y G arTo N v•-�vo < L v a EE•o c V ' _ O LY. p�v 0Mu ra ra d � -0 .0 ^r • :J <Z 0 �2 W3 �Z • W i< 09 �z W-A EN °zG 0u f= ac < VO uz O N O LPG N M1 I O P L CU O G "O C w- O fAi L O M- Vf G O L H H N LJ 41 co 04 r 44 4J En U O r4 w r•-I v a H U O co v rj w p 41 D b0 a v 41 O -H b A p p v 10 a a sr A v CO r1 U cd co r1 r-1 co a a cad aai O rl 0 r-4 1-4 U 0 O U U 044W A 0 CO .r-I ww a 04-4 v 60P .J 0 0 w o p H 0 v v v p 9344J N rti coc0o 00 co b w a w 1-4 w 0. arni r-I •r•1 •ri •rl � o -HX xx U O U Sri HIW o Poo a4 41 rn r-4 >.. cn 0. 04 q oD -a 0 v s~ cn b0 rl �, G " f4 a rA w A 41 d +J O O O O 0 0O 00 0 0 o Ln 0 0 N NO %.O Ln 0% .0 bD O O 1a O pq 4 •H f 4 0 u 41 v r-1 U H —1 O cd v co cd cn. F+ w 60 p U rnm rnrn rn 0000 0000 00 rtf —4 —4 N N 04 -rA/F 0 -ram TO: William J. Brighton, City Manager FROM: Keith Kornelis, P.W. Director 6 DATE: April 28, 1989 SUBJECT: Trailer and boat on Svur across from Mortuary FOR: Council meeting of May 5, 1989, INFORMATION Howard Hackney, Building Inspector, has taken pictures of the items across from the mortuary. It appears some of the vehicles could be considered junk (at least by Public Works) however, the bus and other items look legitimate. After taking pictures the owner talked with Howard about cleaning up the area which he said he planned on doing after the ground gets harder. ANCHORAGE OFFICE Edgar Paul Boyko Paul L. Davis Elliott T. Dennis Robert A. Breeze Ronald D. Flansburg Robert L. Breckberg Kathryn J. Robb 840 K Street Suite 100 Anchorage, AK 99501-3395 Area 9071279-1000 FAX 9071279-8944 KENAI OFFICE C.R. Baldwin Blaine D. Gilman PO. Box 4210 Kenai, AK 99611 Area 907/283-7167 OF COUNSEL John W. Breeze H. Joo Shin, PhD AFFILIATE OFFICE Miller, Boyko 8 Bell ss0 west B street Suft 400 AD8$o3A 92101 12C4040 Boyko, Davis, Dennis, Baldwin&Breeze Attorneys at Law April 26, 1989 John J. Williams, Mayor City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear John: I am writing to urge the City of Kenai to evaluate whether it would be in the City' s best interest to make a claim with Exxon Corporation and the Alyeska Pipeline Service Company for interim costs, expenses and losses that are and will be incurred by the City of Kenai as a result of the Exxon Valdez oil spill. The City of Kenai is going to experience a loss of reve- nues and will have to incur various costs as a result of the oil spill. For example, the City is going to lose tax revenues because of a decline in sales taxes, a probable decline in the value of personal property and possibly real property values. The City is going to experience a decline in tourism which can be effectively offset only through a costly advertising campaign both within AlaAska and outside. The City is undoubtedly experiencing significant administrative costs such as your and other City employees' time, telephone and other types of com- munications costs. The City is and will incur future costs in providing additional services and staff because the demand for City services which will increase as a result of the spill. The City of Kenai also has under the law an interest in the preservation of natural resources such as marine resources which will be affected by the spill. The loss of marine resour- ces through the closure or limitations on fisheries will affect. the City of Kenai not only through the loss of sales, fish, per- sonal and real property taxes but will have a longer term effect that cannot be fully calculated at this time. I believe that the Kenai Peninsula Borough through the Economic Development District, Inc. should consider making a claim against Exxon Corporation and the Alyeska Pipeline Service Company. I do not feel, however, that any claim made by the EDD should diminish a claim that could be made by the City of Kenai. The City of Kenai has an independent interest which is shared A Professional Corporation Aq only in part by other local governments. While it is impossible to calculate what the City's long term damages may be, I do feel that a claim of several million dollars at this time as an interim claim would be justified. I also feel that a claim made at this time may be more effective than a claim made later after the relationship between the State of Alaska and Exxon Corporation and the Alyeska Pipeline Service Company become more adversarial in nature. It may be possible to successfully prose- cute a claim on an interim basis at this time when later on it may not be possible to successfully prosecute a claim without taking legal action. I would be more than happy to meet with you and members of the City Council if you would like to discuss this further. I would also like to take this opportunity to thank you most deeply for the enormous amount of time that you took from your busy schedule to meet with representatives from the Korea Energy Economic Institute and from the Yukong Corporation. I cannot tell you how important it was to each of these groups that you spent so much of your precious time with them. It really made a big difference. After KEEI's report on their visit to Alaska is made public, I believe that you will see how important their visit to Kenai and the time that you spent with them was. I can also tell you that Mr. H. D. Kim, President of Yukong, com- mented to me several times as to his appreciation for the time that you spent with D. W. Chung and then later with him. Thank you. RAB/en Best regards, BOYKO, DAVIS, DENNIS, BALDWIN & BREEZE By . Breeze 23 April 1989 -- '"'-- y 3 \ The Honorable John J. Williams = Mayor, City of Kenai 210 Fidalgo St. Kenai, Ak 99611 Dear Mayor Williams: The Board of Directors of the University of Alaska's Mining and Petroleum Training Service wish to commend and express our anion to the Ckyy of Kenai, the City Council and administration I or the outstanding assistance rendered in behalf of the relocation of the Industrial Fire Brigade Training FaacRity. Many of the employees who benefit from this vital training live and work in Kenai. The support that the City has provided through city government, as well as the many private businesses who provide services throughout the trairing season, has contrswted to the many compliments and enthusiastic evaluations we have received over the past two years. The MAPTS board is made up of industry representatives, but moreover, long-time Alaskan residents who are committed to Alaskan development and enterprise. We are pleased that the City of Kenai shares these ideals, and contributes so heartily to economic promotion of our own, local, talents and resources. Your efforts have helped permit us to make large training expenditures here in Alaska, creating jobs and business, rather than exporting our training dollars outs;ia the state. We 'ook forward to the completion of the new training facility, and continued partnership with the City of Kenai in the technological and economic progress of the City and the State. Again, please accept our sincere thanks and appreciation. We anticipate that new developments in compliance and training requirements will allow the facility to expand and further enhance the economic health of the City of Kenai. Yours t y, Robert Gardner, Chairman Board of Directors Mining and Petroleum Training Service The University of Alaska Anchorage Reply to: � 155 Smith Way, Suite 104 .9oldotna, Alaska 99669 907 262-276e aa division of CCREE of the University of Aleiska S�V3W 03AH3S AH3M3 IV101 m AVO 83d SId3W 0 rn m � coo LO v ccnn cau o 68 rn m EtiEZ m 00 08 (30 i CI) ZB80Z r m W a o U H w IL cn 59 h W <z LU U) 99ZLj mCC C� W Y a w } O �Ow N z ~� Q E9 co co U- W v9L9ti ; '� \ �� Go H LU Q J z W a 0 zs m t EA9 RT m ti5 m LE9t m ao � 0 0 0 0 o a I tan 0 LO 0 tan ry N W4 V-4 03A83S SIb3W ]d101 KENAI SENIOR CENTER SECOND QUARTER REPORT 1988-1989 3RD 3RD QUARTER QUARTER YTD (87-88) (887--89) TOTAL SENIOR CITIZENS SERVED 517 551 1033 SUPPORT SERVICES NUMBER PROVIDED RIDES 96 110 168 TOTAL NUMBER OF RIDES 3,551 3,379 10,119 NUTRITION SERVICES NUMBER PROVIDED CONGREGATE MEALS 315 397 786 TOTAL NUMBER OF MEALS SERVED 4,150 4,397 14,148 NUMBER PROVIDED A HOME -MEAL 68 89 140 TOTAL NUMBER OF HOME DELIVERED MEALS 990 1,700 4,066 OTHER SERVICES NUMBER PROVIDED RECREATION ACTIVITIES 182 170 278 TOTAL NLlMBER OF VOLUNTEERS 32 46 87 ADULT DAY CARE PARTICIPANTS 14 10 14 NUMBER PROVIDED ART/CRAFT ACTIVITIES 16 21 31 *KENAI SENIOR SERVICES PROVIDES MANY OTHER PROGRAM ACTIVITIES AND DATA IS AVAILABLE UPON REQUEST PROGRAM DONATIONS 5,946 19,311 MEAL AND RIDE DONATIONS AREA WIDE SERVICE ACTIVITY E' KENAI 241 255 NIKISKI 81 99 SOLDOTNA 90 87 STERLING 17 16 KASILOF 38 48 OTHER 48 45 G O .c O 41 4., cr7 O G O u d O U H 4.1 UOJ S r .; 41 u v .e r+ ^cc w u 0 4.) 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W w tD O •C 't7 x 3> a) is N E W u• V -H W •C W u .E •a W U w ,J COW V •c al a E N O i+ co i*t G •*It •.i U PO Pa U 00 a a era da is w Ci w U (a00 w K1 •.d �O J w PO PO � � � U tr•` H W N d N RNi W u�i W > p u A .o A PO U ;✓ A (Aj 7 -,q .4[�3 rl W .c L F O F ro d W U O U U U U > bL x V U U en H U c 0 o 0 0 0 0 o 0 0 o 0 0 c 0 c 0 o 0 0 0 o c, c, O o 0 o g O g O o O 0 0 o c O O %O O 1!1 N O O c0 O O M O V1' un N J ^ •-I CO a0 '•1 M ri r-1 .-1 r-1 1-4r`` J N Vf N N V} V} V} {/} (/} V} V, V} N V} N N o ' 1 C7 w rn z� #.4 x i N a rn u En CO 4 u r+ .•ti W �. V M A W W F Q :s y. Li �•. H 4 �d H z ti � w x' a vwi An ti TO DO LIS May 3, 1 9 KENAI CI COUNCIL 1. P. Porter, T. Rogers - repare ground rules for renting of Senior Center 2. B. Brighton - Check nto burned -out house on Iowa St. jr