HomeMy WebLinkAbout1989-07-05 Council PacketKenai City Council
Meeting Packet
July 5, 1989
F, _
AGENDA
;1F %A I CITY COUNCIL - REGULAR MEETING
DULY S. 1999 - 7:00 PM
B. SCHEDULED PUBLIC COMMENT (10 Minutes)
1. Wm. Snyder - KMC 5.05.010 - Uninvited Peddling
C. PUBLIC HEARINGS
1. Ordinance 1326.89 - Increasing Rev/Appns - .WiMow -St.
Extension - $105,000
2. Resolution 89-50 - Special Assessment Dislri A - Road Paving
- Fathom/Toyon Intersection
- 3. Resolution 89-51 - Spec W Asaeamnent District . Road Paving
- Upland. Highland
4. Resolution 89-52 - Special Aaessernent District - Road Pe ft
Lawton. Candlelight to GoN Course
5. Special Assessment Districts: { y {
Fathom/Toyon Intersection
Upland, Highland
.: won. CAnds1w to 4olt Course
a. Manaws Report
b. Preftinry Assesslt M Roil
S. Resolution 89-53 - SW tg Date for Pubic Herkg • Asaeas-
meM Improvements:
Fathom/Toyon Intersection
Upland, Highhnd
Lawton. Candlelight to Golf Course'
H. NEW BUSINESS
4. Ordktence 1328-89 • App wiaft $48,000 for Design:
Fathom/Toyon
Lawton -
a. Public Hearing
The public is invited to attend and particcipate
Janet Ruots", CMC
City Clerk
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AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
JULY 5, 1989 - 7:00 PM
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are
considered to be routine and non -controversial by
the Council and will be approved by one motion.
There will be no separate discussion of these
items unless a Council member so requests, in
which case the item will be removed from the
Consent Agenda and considered in its normal
sequence on the agenda as part of the General
Orders.
B. SCHEDULED PUBLIC COMMENT (10 Minutes)
1.
Wm. Snyder - KMC 5.05.010 - Uninvid Peddling
—
1 o�-h F'�o>.,ryov,,_.... c.k �pv)n bank cj�,ivtc� d-
C. PUBLIC
HEARINGS
1.
Ordinance 1326-89 - Increasing Rev/Appns - Willow
St. Extension - $105,000
2.
Resolution 89-50 - Special Assessment District -
Road Paving - Fathom/Toyon Intersection
3.
Resolution 89-51 - Special Assessment District -
Road Paving - Upland, Highland
4.
Resolution 89-52 - Special Assessment District -
Road Paving - Lawton, Candlelight to Golf Course
5.
Special Assessment Districts:
Fathom/Toyon Intersection
Upland, Highland
Lawton, Candlelight to Golf Course
Manager's Report
b. Preliminary Assessment Rolls
6.
Resolution 89-53 - Setting Date for Public
Hearing - Assessment Improvements:
Fathom/Toyon Intersection
Upland, Highland
Lawton, Candlelight to Golf Course
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, June 21, 1989
F.
CORRESPONDENCE
1.
*Governor Cowper - Education Endowment
G.
OLD
BUSINESS
Eagle Rock Assessment
Request
H.
NEW
BUSINESS
1.
Bills to be Paid, Bills to be Ratified
2.
Requisitions Exceeding $1,000
--3-:
*Ordinance 1327-89 - Increasing Rev/Appns - Dock
Facility - Parking/Staging Area
4.
Ordinance 1328-89 - Appropriating $46,000 for
Design:
Fathom/Toyon
Lawton
a. Public Hearing
5.
Approval - Engineering Proposals - Wince, Corthell
& Bryson:
Fathom/Toyon
Lawton
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
m0 nQ T C
J
July 5; 1 89
KENAI CITY OUNCIL
1. B. Brighton - Send letter o State DOT&PF re/cutting
down bank at Spruce & Spu
2. K. McGillivray - Bicente ial pins for ARCO Jesse Owens
Games participants, trip to Anchorage
3. Planning & Zoning - Rev' w making park out of Broadway
Ct. (temporary use perm t, vacation of street, re -zone
to r s
4. ji
I
INFORMATION ITEMS
JULY 5, 1989
1. Kenai Borough Economic Development Dist. - Agenda -
6-28-89
2. Games of Chance & Skill Permit - Eagles #3525 -
Suspended
3. Games of Chance & Skill Unit - Transfer to C&ED
4. TO DO List - 6-21-89 (Work Session)
5. TO DO List - 6-21-89 (Regular Meeting)
6. Kenai Borough Minutes - 6-6-89
7. Kenai Peninsula Non -Profit Ass6c. - Hearings on Games
of Chance & Skill Regulations
8. Invitation to Luncheon - Alaska Oil & Gas Assoc. -
7-12-89
9. DNR - Suspension of Oil.& Gas Leasing - Sales 59, 59,
73A, 56, 67A, 70A, 57, 64
10. Newsclipping, Nations Cities Weekly - Sales Tax on Mail
Order Items
11. Proclamation, City of Haines - American Bald Eagle
Research Institute Month
12. TO DO List - 6-29-89
13. Transfers Under $1,000 - June 1989
14. Billing - Linwood, Candlelight, Kaknu, Lawton, Baker,
Kiana - Quality Asphalt - $93,098.21
15. Billing - Airport Terminal Remodeling - G&S Const. -
$57,694
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COUNCIL MEETING OF 7- -5" — oc"-%
COUNCIL MEETING OF
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AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
JUNE 21, 1989 - 7:00 PM
WORK SESSION: 6:00 PM
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are
considered to be routine and non -controversial by
the Council and will be approved by one motion.
There will be no separate discussion of these
items unless a Council member so requests, in
which case the item will be removed from the
Consent Agenda and considered in its normal
sequence on the agenda as part of the General
Orders.
B. SCHEDULED PUBLIC COMMENT (10 Minutes)
1. Dan Roberts - Baron Pk. S/D Purchase (Pizza Hut)
2. Paul Weller - Paving of Lawton Drive
C. PUBLIC HEARINGS
1. Ordinance 1324-89 - Amending Kenai Municipal Code
Title 23 - Personnel Officer
2. Ordinance 1325-89 - Increasing Rev/Appns - Senior
Citizen Center Parking Lot - $15,000
3. Resolution 89-47 - Award Contract - Paving
Susieana Lane and Senior Citizen Center Parking
Lot - Harley's Trucking - $48,077
4. Resolution 89-48 - Transfer of Funds - Boiler Room
Repairs, Public Safety Bldg. - $2,170.40
D. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Economic Development Commission
4. Harbor Commission
5. Library Commission
d
6. Recreation Commission
7. Planning & Zoning Commission
8. Misc. Commissions/Committees
E. MINUTES
1. *Regular Meeting, June 7, 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 1326-89 - Increasing Rev/Appns - Willow
St. Extension - $105,000
4. Discussion - Senior Citizen Center Rental
Agreement
5. Discussion - Section 36, Parcel D - Inclusion of
Partial Release Clause
6. Approval - Comm/Comm Secretary Bid
7. Discussion - RFP's - Airport Terminal Concessions
8. Discussion - Reprint of City Brochure
I. ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Director
7. Airport Manager
J. DISCUSSION
1. Citizens
2. Council
K. ADJOURNMENT
KENAI CITY COUNCIL - REGULAR MEETING - MINUTES
JUNE 21, 1989 - 7:40 PM
KWAI CITY HALL
MAYOR JEHN J. WILLIAMS PRESIDING
s 3
Mayor Williams called the meeting to order.
A-1 Pledge of Allegiance
A-2 Roll Call
Present: Marj O'Reilly, Hal Smalley, Linda Swarner,
John Williams, Art McComsey, Ray Measles,
Chris Monfor
Absent: None
A-3 Agenda Approval
Mayor Williams spoke.
a. Delete item B-2 (Paul Weller).
b. Add item B-2 (Twin Cities Raceway Representative -
Water Use).
C. Item D-2 (Airport Comm. Minutes) distributed this
date.
d. Add item C-5 (Res. 89-49 - Support of Locating
Cold Water Helicopter Training & Recovery School
and Dedicating Airport Lands for that Purpose).
e. Item D-8 (Beautification Comm. Minutes) require
Council action.
f. Assessment request from Eagle Rock residents,
distributed this date. Add as item F-1, on
Consent Agenda. No action can be taken till
7-5-89 meeting.
g. 2 items distributed this date for item H-2
(Requisitions Exceeding $1,000) -
Bulldog Computer Products - $1,645.94
Mack Trucks - $1,435.19
h. Additional material distributed this date for item
H-5 (Section 36, Partial Release Clause)
MOTION:
Councilman McComsey moved to approve the agenda as
amended.
There was no second.
Motion passed by unanimous consent.
A-4 Consent Agenda
Mayor Williams noted item F-1 (Eagle Rock Assessment
Request), added this date, was placed on the Consent
Agenda.
MOTION:
Councilman Smalley moved, seconded by Councilman
McComsey, to approve the Consent Agenda as amended.
Motion passed by unanimous consent.
Be SCHEDULED PUBLIC COMMENT
B-1 Dan Roberts - Baron Pk. S/D Purchase (Pizza Hut)
KENAI CITY COUNCIL
JUNE 21, 1989
PAGE 2
Dan Roberts, Kenai. We leased Baron Pk. lots from the
City and decided to purchase them in July 1988. We
were denied in March 1989 because of 2nd position of
the City. Bank financing would be an alternative to
this, we are considering it if we have to. The City
has a very nice financing plan - 10%, the bank is 12%.
With the bank we would have to have mortgage insurance
($5,500); fees, points, etc. would be 1%-2%. In 1986
we built the Pizza Hut on Lot 3-B, out of pocket, for
$300,000. It was appraised at $301,000 in November
1986, to get a loan for $125,000. In 1989 the City
asked us to get a letter of opinion on the building -
it was $250,000. Frykholm says the lease we have with
* Inc. (owner) is worth $43,000. It is a reputable
company. It is an asset to the property. We have 18
years left on a 20 year lease. The mortgage payments
are to National Mortgage Co., we pay $1,000 in addition
each month. It will be paid off in 3 years, $125,000
is down to $90,000. Lot 3-A, the equity is the land
only. Preparation of the land was $29,000 cost. The
Pizza Hut on Lot 3-B is $250,000, appraised at
$279,000. The note against it is $90,000. That leaves
$189,000 equity. We paid $23,000, 15% down. It could
add to the equity, $212,000 total.
Councilman McComsey. How much per month? Mr. Roberts.
$3,200 for 20 years, 2 years are done.
Mayor Williams. We would have $90,000 at stake if he
defaults. We would have $250,000 value in the Pizza
Hut. Mr. Roberts. Add $23,000 (down) to that.
Mayor Williams. We would be out about $77,000. Mr.
Roberts. We pay our bills on time. (He distributed
financial statements) One payment was 10 days late
when we changed contracts with the City.
Mayor Williams. The Code allows for seconds to be
taken. The recent position of the City has been not to
take any seconds at all based on bad experience. This
place has been in business since 1985 and survived very
chaotic times. This has more than a 50-50 chance of
surviving. We would want to alter our position
regarding seconds. Mr. Roberts. On the lease
agreement, per Frykholm Appraisals, we are paying
higher than estimated average. We are paying an extra
$1,000 per month on this.
Mayor Williams. The policy of real estate is that each
should be examined individually. I am in favor of
doing this.
Finance Director Brown. I am against taking a second
on any land sale. You have never had a policy on this.
You have never turned anyone down. There is enough
equity, but how much is enough? You will have to
decide each time. He will borrow the money if we do
not do this.
Councilman Smalley. It looks like a fair deal for Mr.
Roberts and the City. We have made concessions to
encourage business in the City. This is better than
most.
Mayor Williams. I was on the Land Committee when we
tried to sell City land to get business in the City.
We were coming out of a decline. We are now coming out
a decline again.
KENAI CITY COUNCIL
JUNE 21, 1989
PAGE 3
MOTION:
Councilman Measles moved, seconded by Councilman
Smalley, to allow Mr. Roberts second position in Baron
Pk. S/D Purchase.
Motion passed unanimously by roll call vote.
B-2 Twin Cities Raceway Representative - Water Use
Jesse Meeks, Resident of Kenai/Soldotna area for 22
years. The raceway is in its 3rd season under the
present management. The business pays lease fees and
taxes to the Borough. They do business with many Kenai
people, purchasing equipment, trophies, etc. We have
drivers from Anchorage and Homer. Local drivers buy
fuel, etc. We provide recreation for the area. It has
never shown a profit, we are $5,800 out of pocket this
year. There is a $180 per day fee for use of the
hydrant. We are asking for use of an old artesian
well. We cannot keep our water truck in use because of
vandalism. The well is right at the race track. We do
a lot for the area and kids. (16 to 22 years) Without
this water we cannot run there, we have to have water
on the race track to keep down dust. We have donated
much time and equipment. This is a benefit to the area
to put kids there and not on the highway.
Councilman McComsey. Would this be possible? Public
Works Director Kornelis replied yes, there was a
possibility we may dig deeper to get clear water. They
could use the other well while this was done.
Councilman Measles. Could we waive the hydrant charge
in an individual case? Legal Asst. Graves. One of the
problems with waiving fees is enforcement. You create
an arbitrary standard. City Manager Brighton. It is a
problem for the Fire Dept. and Public Works Dept. One
of the problems with the fire hydrants is they have
been used clandestinely and broken. They are expensive
to repair. If the well does not have an effect on the
water system, it could be okay to use.
Councilwoman Swarner moved, seconded by Councilwoman
O'Reilly, to direct Administration to let the Twin
Cities Raceway use the artesian well.
Mayor Williams. There may be an exploratory situation
in the future. city Manager Brighton suggested putting
a restriction that the sole purpose is for watering the
raceway.
Councilman McComsey. Is there enough volume for a
suction pump? Public Works Director Kornelis replied
he did not know. Mr. Meeks. It takes 9 minutes to
pump 1,000 gallons, with 8 ft. gear.
Councilman Smalley. Should we draft an agreement
letter? Mayor Williams replied yes, it would include
the fact that the City may take it back.
Motion passed by unanimous consent.
Mayor Williams. Regarding the exploratory well. We
may be able to drill deeper and examine the low
aquifer. We may want to extend well house $2 to that.
KENAI CITY COUNCIL
JUNE 21, 1989
PAGE 4
Mr. Meeks. Also, the deposit by Mr. Pollard of $150,
at $100 per day. On May 31 I put down the deposit. I
asked what would happen if we did not use it. I was
told it would carry over. We did not use it June 4.
On June 15 I got a permit. The Fire Dept. secretary
said they would not carry over. Finance Director Brown
said we would be reimbursed. On June 19 Finance
Director Brown would not give the money back. Finance
Director Brown. I had to get permission from the Fire
Dept. before I could release. I can refund the use fee
and $150 now.
C. PUBLIC HEARINGS
C-1 Ord. 1324-89 - Amend. KMC Title 23 - Personnel Officer
MOTION:
Councilwoman Swarner moved, seconded by Councilman
McComsey, to adopt the ordinance.
There was no public comment.
Councilman Measles. This is only adding a
classification. If we put in the position, we could
have it in place.
MOTION, Amendment:
Councilman Measles moved, seconded by Councilwoman
Swarner, to amend the ordinance, the first WHEREAS,
line 2, change the words "the 1989-90" to "a future."
VOTE, Motion as Amended (Passed):
Yes: O'Reilly, Smalley, Swarner, Williams, Measles,
Monfor
No: McComsey
C-2 Ord. 1325-89 - Increas. Rev/Appns - Sr. Cit. Center
Parking Lot - $15,000
MOTION:
Councilman McComsey moved, seconded by Councilwoman
Monfor, to adopt the ordinance.
There was no public comment.
Motion passed unanimously by roll call vote.
C-3 Res. 89-47 - Award Contract - Paving Susieana Lane &
Sr. Cit. Center Parking Lot - Harley's Trucking -
$48,077
MOTION:
Councilwoman Monfor moved, seconded by Councilman
McComsey, to adopt the resolution.
There was no public comment.
Councilwoman Monfor. What about $42,000 from Mr. Hall?
What do we do with the extra? Finance Director Brown.
What went into construction was $36,000+. It is a
little short. There is no extra.
Motion passed by unanimous consent.
04Ili
,4t
KENAI
CITY COUNCIL
JUNE
21, 1989
PAGE
5
C-4
Res. 89-48 - Transfer of Funds - Boiler Room Repairs,
Public Safety Bldg. - $2,170.40
MOTION:
Councilman Smalley moved, seconded by Councilwoman
O'Reilly, to adopt the resolution.
There was no public comment.
Councilwoman Monfor. Did they already fix it?
Answer - no.
Motion passed by unanimous consent.
C-5
Res. 89-49 - Support of Locating Cold Water Helicopter
Training & Recovery School in Kenai and Dedicating
Airport Lands for that Purpose
Mayor Williams. There are two THEREFORE's. a) Lands
dedicated for military use will be rededicated, not the
full 65 acres. b) Water & sewer to the property. I
have been talking to U.S. Govt. people and Sen.
Stevens. $5 Million has been put in the Subcommittee
on Appropriations. We should be back there in the next
30 days. The University of Alaska Chancellor in
Anchorage has no objection. We have letters of support
from industry. The building will have a 1-1/2 acre
pool inside. It is estimated by the Mining & Petroleum
Institute it would be used by 1500 men per year. It
would be one of 4 in the U.S., the other 3 have year
long waiting period. We want to request it be here.
Councilwoman Swarner. What is the cost of water &
sewer? Mayor Williams. It will need a lift station,
just to the property line,. Public Works Director
Kornelis. About $40-$50)ft.
Councilwoman O'Reilly. A" re there Federal moneys
available? Mayor Williams. Airport moneys. Of the $5
Million appropriation, $4.7 Million is for building and
equipment, $300,000 for parking lot, lighting, etc. It
will not be enough for water & sewer. It will develop
all the land along the road. There could be other
compliance schools as well - all painters have to be
schooled now.
Councilwoman Monfor. We have many unexplored areas.
For years we have been putting off water & sewer to
Thompson Pk. Would there be wetland permits? Mayor
Williams. It is high ground there.
Councilwoman Monfor. Council should take a look at it
first. Wetlands, much money, an area that has been
waiting for service for years.
Councilman Measles. 1-1/2 acre pool - How deep?
There may be OSHA regulations, replacement problems,
etc. Where are you going to dump the water? Are water
permits going to allow this? Mayor Williams. It would
not be from City water or be dumped in City sewer.
Councilman Measles. It might be better to put in
separate well for this only, use the pool for a fire
system.
Mayor Williams. The object is to show Council is
encouraging this.
0
KENAI CITY COUNCIL
JUNE 21, 1989
PAGE 6
MOTION:
Councilman Smalley moved, seconded by Councilman
Measles, to adopt the resolution with the following
amendments: Under BE IT FURTHER RESOLVED, line 1 & 2,
delete the words, "construct and." Line 2 & 3, change
the word "utility" to "utilities," delete the words
"lines to the property."
Motion passed by unanimous consent.
D. COMMISSION/COMMITTEE REPORTS
D-1 Council on Aging
None
D-2 Airport Commission
Councilwoman O'Reilly. There was a meeting June 15,
they discussed the float plane basin and the airport
terminal.
Mayor Williams. Over the past years, there has been an
appropriation for fuel for the July 4 celebration for
the pilots. The Air Show is being expanded, there will
be a KC-135 with a crew. I would like to go from
$1,000 to $1,500 and take it from the $15,000 promotion
funds to fund board and room.
Councilwoman Monfor. Could we put them in the armory?
Mayor Williams. It could come out of promotion funds.
Finance Director Brown. Will it benefit the airport?
Mayor Williams replied yes.
MOTION:
Councilwoman Swarner moved, seconded by Councilman
Smalley, to continue to give $1,000 for fuel for the
July 4 celebration.
Councilwoman Swarner. The promotion was to advertise
in the Bush to promote the airport.
Barry Eldridge. Their per diem is $42.50 per day.
Councilman Smalley. I will make one bed available.
Mayor Williams. I have 2.
VOTE (Passed):
Yes: O'Reilly, Smalley, Swarner, Williams, McComsey,
Measles
No: Monfor
D-3 Economic Development Commission
Councilwoman Monfor. We have not had a report or
minutes for a long time. Is this still a viable
commission? Mayor Williams. I am working on that. I
will have answers at the July 5 meeting.
D-4 Harbor Commission
None
D-5 Library Commission
0
KENAI CITY COUNCIL
JUNE 21, 1989
PAGE 7
Mayor Williams noted, 50% of the cards from last month
were outside the City. (Info 9)
D-6 Recreation Commission
Recreation Director McGillivray reported the ARCO Jesse
Owens games are this Saturday. (6-24-89)
D-7 Planning & Zoning Commission
None
D-8 Misc. Comm/Comm
Councilwoman Swarner. Regarding the back of the
Welcome to Kenai sign, the hyphen is to be eliminated.
MOTION:
Councilwoman O'Reilly moved, seconded by Councilwoman
Swarner, to authorize payment of $696 for completing
the back of the sign.
Motion passed by unanimous consent.
Councilwoman Swarner. There was no quorum at the last
meeting. Mayor Williams' letter was not discussed.
E. MINUTES
E-1 Regular Meeting, June 7, 1989
Approved by Consent Agenda.
F. CORRESPONDENCE
F-1 Eagle Rock & Tern Place Residents - Reconsideration of
50% Assessment
Approved by Consent Agenda, postponed till 7-5-89.
G. OLD BUSINESS
None
H. NEW BUSINESS
H-1 Bills to be Paid, Bills to be Ratified
MOTION:
Councilman McComsey moved, seconded by Councilman
Smalley, to pay the bills.
Motion passed by unanimous consent.
H-2 Requisitions Exceeding $1,000
Mayor Williams noted there were 2 additions.
Councilwoman Monfor. What is the computer? Legal
Asst. Graves. The Legal Dept. has been working with
Public Works Director Kornelis. It is a scanner, it
copies documents into the computer. Public Works
Director Kornelis. Atty. Rogers has done the research,
I agree.
MOTION:
KENAI CITY COUNCIL
JUNE 21, 1989
PAGE 8
Councilwoman O'Reilly moved, seconded by Councilman
Smalley, to approve'the requisitions and include the 2
additional distributed this date.
Motion passed by unanimous consent.
H-3 Ord. 1326-89 - Increas. Rev/Appns - Willow St.
Extension - $105,000
Approved by Consent Agenda.
H-4 Disc. - Sr. Center Rental Agreement
Councilwoman Monfor. Page 4, item H-8, they should not
have to have a bartender. Mayor Williams. I talked
with the Valdez mayor and the Lt. Governor. They have
had problems even with the ball parks. Councilwoman
Monfor. This is for weddings.
Legal Asst. Graves. Should the City lease the premises
and allow liquor to be sold or given away, we would be
liable. All 50 states have host liability laws.
Employees and hosts at a party could be liable. The
City would face liability.
Councilwoman Monfor. a) The City is not host. They
are leasing. b) If this is the case, the City should
not have liquor at their functions. Mayor Williams.
There is a difference here. We go to an establishment
with a liquor license. It is their liability.
Councilman Measles. If the City buys, they are liable.
Mayor Williams. If we go to a restaurant or bar and
they serve liquor, who is responsible? Legal Asst.
Graves. It could be joint liability. Councilman
Measles. If the City bought liquor for people, would
the City be liable? Answer - yes.
Councilman Measles. I see less liability here then in
City -sponsored parties. If we lease the building to
someone, they buy liquor and dispense it, we are
removed from liability. Legal Asst. Graves. We try to
remove the chance of liability. The courts are
increasing the liability when alcoholism situations
occur.
Councilwoman O'Reilly. People can still sue the City
and will. Legal Asst. Graves. But they would
primarily go after insurance. The concessioner would
have insurance.
Councilwoman O'Reilly. If a restaurant or bar owner
arranges to have it used by a person at the Senior
Center, does the insurance transfer to the premises?
Legal Asst. Graves. We have to look at the insurance
in each case.
Councilman McComsey. You have someone insure.the City
where there is distribution between 2 parties, but you
have contractor come in here without insurance. What
is the difference? Where is liability different unless
bid is over a certain amount.
Councilwoman Monfor. Why aren't answers here if the
attorney knew we wanted this? These are questions that
should be answered. We have been waiting since May.
We have had 2 or 3 receptions at the Center and have
not had a lease agreement. Mayor Williams. If we are
after the fact, we can continue to operate after the
a
KENAI CITY COUNCIL
JUNE 21, 1989
PAGE 9
fact. Councilman Smalley. It needs to be straightened
out.
Mayor Williams. The use of liquor has raised
tremendous liability problems. It is a stronger
situation all the time. Councilwoman Monfor. What
does the Sports Center do? Mayor Williams. They have
licensed caterers. Program Director Porter. only if
they sell it.
Councilman Measles suggested an indemnification clause
regarding sale or distribution of alcohol beverages.
Legal Asst. Graves. We did consider that but ruled it
out. If there is an accident, and the judgement is
large, what will they give to us if they have only a
small equity? Councilman Measles. we would not get
it. Legal Asst. Graves. It would be to pass on.
Councilman Measles. A law suit could be directed to
the lessee. The City could be totally exempt. Legal
Asst. Graves. The problem is we cannot make a contract
for the courts. You cannot contract out liability
outside of the contract. Councilman Measles. The
lessee would be part of the contract.
Mayor Williams suggested it be sent back to Atty.
Rogers with concerns and have him work them out.
Councilman Measles. What if someone gets hit by a car
now? Are we not just as liable now? City Manager
Brighton. And no liquor has been served.
Councilman Measles. If we rent out the building, there
is liability. This is the least liability the City
has.
Councilman Monfor. What about Ft. Kenay? It has been
leased for years with liquor. What do we do about
them?
Mayor Williams suggested it be sent back to Atty.
Rogers. City Manager Brighton. He will not change his
mind.
Mayor Williams. It is the same situation at the ball
park. City Manager Brighton. We would have to stop
the oilers from selling beer. The land belongs to us.
Mayor Williams. They have a license. Councilwoman
Monfor. It could be on City -owned property.
Councilman Measles. There is no way to protect
ourselves from a lawsuit.
MOTION:
Councilwoman Monfor moved, seconded by Councilman
McComsey, to approve the senior center agreement.
MOTION, Amendment:
Councilwoman O'Reilly moved, seconded by Councilman
Smalley, to amend the agreement as follows: page 4,
item H-8, paragraph 1, line 2 - delete the words "given
away, or used." Page 4, item H-8, paragraph 2, line 1,
after the word "allow," add the words "the sale of."
VOTE, Amendment (Passed):
Yes: O'Reilly, Smalley, Swarner, McComsey, Measles,
Monfor
No: Williams
"#ter,
�r
KENAI CITY COUNCIL
JUNE 21, 1989
PAGE 10
VOTE, Main Motion as Amended (Passed):
Yes: O'Reilly, Smalley, Swarner, McComsey, Measles,
Monfor
No: Williams
Councilman Smalley. Is it possible that the City would
get protection on a lease agreement by requiring the
lessee to buy insurance? Legal Asst. Graves. It was
considered. An inquiry to our insurance broker, event
insurance is available. We did not follow up. The
broker said some people can put on their homeowners
insurance.
Councilman Smalley. The City could suggest they do if
they do not have a bartender? Answer - yes.
Councilwoman O'Reilly. The only way our (personal)
insurance company could do this is increase liability
coverage, not for just one day. Councilman Measles.
It is available from other companies for one shot.
H-5 Disc. - Section 36, Parcel D - Inclusion of Partial
Release Clause
Councilwoman Monfor. He has not requested this?
Finance Director Brown. His letter is all we have. He
has only asked for partial release. These are the
options.
MOTION:
Councilwoman Swarner moved to add a partial release
clause to his contract.
MOTION, withdraw:
Councilwoman Swarner withdrew her motion.
Legal Asst. Graves. Atty. Rogers wanted to bring up,
if the City agrees to amend for partial release, we
should require something to make it binding from him.
About $1,000 would be satisfactory.
Mayor Williams. Finance Director Brown's memo has
noted 2 amounts. Finance Director Brown. That was
just an example.
Councilman Measles. Was there a partial release with
Jesse Wade? Answer - no. Councilman Measles - Dave
Brown? Answer - yes. Councilman Measles. This is the
only one that does not have that in Section 36.
MOTION:
Councilwoman Swarner moved, seconded by Councilwoman
Monfor, to grant a partial release clause on Section 36
plus monetary compensation of $1,000.
City Manager Brighton. The Finance Director's
proposition on how this should be? Councilman Measles.
This has no bearing on what he is asking. If he comes
back, it will. Finance Director Brown. Mr. Brighton
is talking about the 1st part of my memo. City Manager
Brighton. You have to have something to identify.
MOTION, Addition:
KENAI CITY COUNCIL
JUNE 21, 1989
PAGE 11
Councilwoman Swarner moved, with consent of second, to
add that the memo from Finance Director Brown be
followed.
Councilman Measles. What in the memo should be
included? Finance Director Brown. Beginning in the
mid section (D-1 - $45,700, etc.) to the end (Remaining
amount of note - $313,875.60). Councilman Measles.
Are these prices in the contract? Finance Director
Brown. No, these are based on best information and
appraisals.
VOTE:
Motion passed unanimously by roll call vote.
H-6 Approval - Comm/Comm Secretary Bid
Clerk Ruotsala. Since there have been some concerns
about the Comm/Comm minutes lately, I have submitted
the bids for Council to make the decision.
Councilman McComsey. Do they have insurance? Clerk
Ruotsala. Not that I know of. Councilman McComsey.
If they are injured? They are on City property. Legal
Asst. Graves. I do not know. I will check.
MOTION:
Councilwoman Monfor moved, seconded by Councilwoman
O'Reilly, to accept the bid by Patti Truesdell.
Motion passed by unanimous consent.
H-7 Disc. - RFP's - Airport Terminal Concessions
Mayor Williams. There are problems. Councilwoman
Monfor. We should have a work session. 1/2 of us do
not have this in front of us. Mayor Williams. Atty.
Rogers is not here.
MOTION, Table:
Councilman Smalley moved to table action till Atty.
Rogers is here.
MOTION, Withdraw:
Councilman Smalley withdrew his motion.
PUBLIC COMMENT:
a. Dana Wackler. I came to hear the discussion
regarding changes. I picked up a bid when it
first came out. I did not bid the first time
because of restrictions. Mayor Williams. Do you
have concerns? Ms. Wackler. a) Being open the
amount of hours for all flight times. b) In the
winter months, it would be hard to make enough
money to keep it open. c) The specs to even bid,
3 years of gift shop experience with $100,000 year
eliminates a lot of people.
Mayor Williams. Atty. Rogers said he would not do this
till Council directed him to.
Councilwoman Swarner. Having $100,000 CD performance
bond, is that normal? Especially with a gift shop?
Where terms are shortened, I would like to have renewal
i KENAI CITY COUNCIL
JUNE 21, 1989
PAGE 12
clause shortened. To rebid is a hardship. Gross sales
percent added to bar is more work for the City. Charge
a monthly fee that is adequate.
Mayor Williams. My biggest concern is we are looking
at going from a Mom & Pop operation to a Marriott
corporation. Councilman Smalley. I have known 3-4
people that have gone belly -up, not just rental but
$2,500.
Council agreed to have a work session Thursday, June 29
at 7:00 PM.
H-8 Disc. - Reprint of City Brochure
Mayor Williams noted this was approved by Council under
H-2.
I. ADMINISTRATION REPORTS
I-1 Mayor
Mayor Williams spoke.
a. I will be at an international conference in Valdez
next week regarding the oil spill, meeting with
representatives from Brittany, France. We are not
going to get an agreement with Exxon. It is
disturbing to all mayors. There will be
resolutions that will go to many countries and the
U.S. I will report July 5. I will go on a field
trip to the site.
b. I had request from a local wholesaler regarding
the new Kenai River booklet. I suggested he
contact the Chamber of Commerce & Bicentennial
Bureau. There is a $1 discount per copy.
I-2 City Manager
None
I-3 Attorney
Legal Asst. Graves spoke.
a. There is a foreclosure list in the packet (item
I-3)
b. The Burnett vs City of Kenai & Morgan. (item I-3)
Initially when Burnetts sued the City and Morgan,
there were procedural maneuvers. Burnetts
retained a new attorney, he filed new action with
the same claim. The court moved to dismiss
because of no action, awarded partial attorney
fees ($400). A new case still goes on along with
the Jones Case.
C. The City of Kenai vs Tarlas. (item I-3) This is
for water & sewer. I don't know the amount, it is
not large.
d. Taylor vs Carter. (item I-3) It was
non -meritorious, it was dismissed.
�--- e. An APdE inion was mailed to Council.
oIkkc-
I-4 City Clerk
.i .
KENAI CITY COUNCIL
JUNE 21, 1989
PAGE 13
Clerk Ruotsala spoke.
a. A report on the Clerks conference was included in
the packet. (item I-4)
b. The Clerks Newsletter had an article on Federal
registration of voters for Council information.
C. The Peace River Regional District is planning a
celebration on the 50th anniversary of the Al/Can
Highway. I spoke to the Clerk at the Clerks
conference, he is very enthusiastic about
combining this with Kenai's Bicentennial
celebration. I will speak to Director Sue Carter.
I-5 Finance Director
None
I-6 Public Works Director
None
I-7 Airport Manager
Airport Manager Ernst suggested he invite the Airport
Comm. to the 6-29 work session. Council agreed.
J. DISCUSSION
J-1 Citizens
None
J-2 Council
a. Councilman McComsey. Homer has pretty banners,
made locally. Councilwoman Swarner. They were
purchased by the business association.
Councilwoman Monfor. The Bicentennial Bureau has
banners for next year.
b. Councilman McComsey. CIRI is not interested in
the property for the land trade. Is the City
doing anything? (Info 19) Mayor Williams. People
are objecting to adjacent lands. Councilman
McComsey. It look bad, can we protest? Mayor
Williams. It is Federal property.
Barry Eldridge. They plan to put on siding.
C. Councilman McComsey. We should take care of the
Treat building (burned out).
d. Councilwoman Monfor. In July or Aug., we should
come up with a plan for long range and short range
planning, for consistency.
e. Councilwoman Monfor asked Finance Director Brown
for a synopsis on expenses of Council in FY 87/88
and FY 88/89 not in budget.
f. Councilwoman Monfor. What will Council do
regarding RIP (Retirement Incentive Program)? We
should look at soon. Finance Director Brown. As
soon as I receive, I will report.
g. Councilwoman Monfor. I would ask for reports from
the Legal Dept. on what is going on and in a more
KENAI CITY COUNCIL
JUNE 21, 1989
PAGE 14
timely manner. What about the City, Jr. High and
School District report regarding the playground?
Recreation Director McGillivray. I have received
it from Atty. Rogers and taken it to the Borough.
They are cutting brush, that is the first step.
Councilwoman Monfor. We never hear anything from
Atty. Rogers.
h. Councilwoman Monfor. Regarding the Bookey's R/V
park, it looks like a million dollars. It is
planted, new foundation, they may close the
restaurant. It says a lot for them.
i. Councilwoman O'Reilly. Someone has been playing
around with the Merit Inn sign. City Manager
Brighton. That is private property, we cannot
touch it.
j. Councilman Smalley. Who is responsible for the
bike paths? City Manager Brighton replied, the
State. Councilman Smalley. They were destroyed
with the construction. Recreation Director
McGillivray. We have talked to the State. They
said they have looked at it, the cost of repair is
tremendous, they will be gone with the new
highway. They are not worrying about it.
k. Councilwoman Swarner. Next week, the prisoners
are clearing the brush from the Lawton Strip.
1. Mayor Williams. Info 2, Resource Development
Council annual meeting. One of the Council
members should go.
M. Mayor Williams. It was suggested we change the
sign on the Dairy Queen building. Admin. Asst.
Howard. We do not have the letters.
K. ADJOURNMENT
Meeting adjourned at 10:05 PM.
Janet Ruotsala
City Clerk
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Title
Title 5
BUSINESS AND OCCUPATIONS
Chapters:
5.05
Peddlers.
5.10
Hotels and Motels.
5.15
Private Retectiye Agencies.
5.20
Merchant Patrol System License.
5.35
Mobile Food Vendor.
5.30
Trap&jgat and ;itinerant Merchants.
5.35.
Oil and gas Wells.
Chapter 5.05
PEDDLERS
Sections:
5.05.010
Uninvited Peddling a Nuisance.
5.05.020
Persons Included.
5.05.030
Duty of Officers to Suppress and
Abate
Nuisances.
5.05.040
Penalty.
5.05.010 Uninvited Peddling a Nuisance: The practice of
going in and upon private residences in the City of Kenai,
Alaska, by peddlers, itinerant merchants, transient vendors of
merchandise, and solicitors not having been requested or invited
so to do by the owner or owners, occupant, or occupants of said
private residence for the purpose of selling, exposing, or
demonstrating for sale, and/or soliciting or attempting to
solicit orders for the sale of any goods, wares, merchandise,
contract, agreement, or any other article or service, and/or for
the purpose of peddling, vending, hawking, or otherwise disposing
of the same, is hereby declared to be a nuisance; and any person
or persons going in or upon such private residence for such
purpose or purposes without such request or invitation shall be
deemed guilty of perpetrating a nuisance and a misdemeanor. (KC
5-1)
5.05.020 Persons Included: This chapter shall be taken and
determined to apply to any person who shall engage in selling or
peddling goods, wares, merchandise, or services within the City
of Kenai from house to house, and any person who goes from house
to house, or from place to place selling or taking orders for the
5-1
(City of Kenai
Supp. #47 - 2/10/88)
NAI POLICE DEPT:
OUTH WILLOW ST., KENAI, ALASKA 99611
TELEPHONE 283-7879
TO: William Brighton
City Manager
FROM: Richard Ross
Chief of Police
Subject: Intersection of South Spruce and Kenai Spur
Date: 7/5/'89
Mr. Tom Roberson contacted the Department in the past concerning
visibility at the referenced intersection. The bank on the East
side of Spruce Street reduces visibility of inbound (Eastbound)
traffic on the Spur of vehicles entering this intersection. Mr.
Roberson was advised that we would monitor the intersection and
accidents occurring there. Mr. Roberson was advised that the
decision on reduction of right-of-way embankment in this area
would be made by the State of Alaska and not the City.
In the past. 2 years there have been three accidents in this area,
two of which are intersection related. This represents a low
frequency rate for Kenai Spur/City Street intersection accidents
in the City.
Even though the accident history at this intersection for the
last two years is very low, it is our recommendation that the
City request the State improve visibility at the intersection by
reducing the embankment.
Suggested by: City Council
City of Kenai
ORDINANCE NO. 1326-89
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $105,000, IN A NEW CAPITAL
PROJECT FUND ENTITLED "WILLOW STREET EXTENSION".
WHEREAS, the City Council desires to construct a gravel extension of
Willow Street north to connect with Marathon Road, and
WHEREAS, this road will open additional Airport lands for development,
and therefore, use of Airport monies for construction is justified.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as
follows:
Airport Land System
Increase Estimated Revenues:
Appropriation of Fund Balance $105,000
Increase Appropriations:
Airport Land - Transfers $105,000
Willow Street Extension
Increase Estimated Revenues:
Transfer from Airport Land System $105,000
Increase Appropriations:
Administration $ 2,000
Inspection 5,000
Construction 98,000
$105,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of
July, 1989.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ruotsala, City Clerk
First Reading:
Second Reading:
Effective Date:
Approved by Finance: rc?a
(6/14/89)
June 21, 1989
July 5, 1989
July 5, 1989
C- - �z
Suggested by: City Council
CITY OF KENAI
RESOLUTION NO. 89-50
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INITIATING A
SPECIAL ASSESSMENT IMPROVEMENT PROPOSAL FOR ROAD PAVING AT THE
FATHOM/TOYON INTERSECTION.
WHEREAS,. the City intends to pave the Fathom/Toyon intersection and
desires to make an assessment against benefited real properties
adjacent: to the project, and
WHEREAS, the Council directs that assessments shall be at 12% of actual
paving costs, including costs of any curb and gutter, drainage
facilities, sidewalks, seeding, related design, inspection and
surveying, and other incidental costs, with the assessed portion
financed by the General Fund Capital Improvement Reserve.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that in accordance with KMC 16.05.040, a special assessment
improvement proposal for road paving at the Fathom/Toyon intersection
is hereby initiated, and that the City Manager is directed to
investigate and report on said proposal.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of
July, 1989.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ruotsala, City Clerk
Approved by Finance:
jal
C. - 3
Suggested by: City Council
CITY OF KENAI
RESOLUTION NO. 89-51
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INITIATING A
SPECIAL ASSESSMENT IMPROVEMENT PROPOSAL FOR ROAD PAVING ON UPLAND AND
HIGHLAND STREETS.
WHEREAS, the City intends to pave Upland and Highland Streets and
desires to make an assessment against benefited real properties
adjacent to the project, and
WHEREAS, the Council directs that assessments shall be at 12% of actual
paving costs, of any curb and gutter, drainage facilities, sidewalks,
seeding, related design, inspection and surveying, and other incidental
costs, with the assessed portion financed by the General Fund Capital
Improvement Reserve.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that in accordance with KMC 16.05.040, a special assessment
improvement proposal for road paving at the Upland and Highland Streets
is hereby initiated, and that the City Manager is directed to
investigate and report on said proposal.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of
July, 1989.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ruotsala, City Clerk
Approved by Finance:
av
—y
Suggested by: City Council
CITY OF KENAI
RESOLUTION NO. 89-52
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INITIATING A
SPECIAL ASSESSMENT IMPROVEMENT PROPOSAL FOR ROAD PAVING ON LAWTON -
CANDLELIGHT TO GOLF COURSE.
WHEREAS, the City intends to pave the Fathom/Toyon intersection and
desires to make an assessment against benefited real properties
adjacent to the project, and
WHEREAS, the Council directs that assessments shall be at 12% of actual
paving costs, including costs of any curb and gutter, drainage
facilities, sidewalks, seeding, related design, inspection and
surveying, and other incidental costs, with the assessed portion
financed by the General Fund Capital Improvement Reserve.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that in accordance with KMC 16.05.040, a special assessment
improvement proposal for road paving on Lawton - Candlelight to
Golf Course is hereby initiated, and that the City Manager is directed
to investigate and report on said proposal.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of
July, 1989.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ruotsala, City Clerk
Approved by Finance: C 4
av
G - .5000�
MEMORANDUM
TO: Kenai City Council
FROM: William J. Brighton, City�ger
DATE: July 5, 1989
SUBJECT: Report Regarding Three Assessment Proposals
This report is prepared in accordance with KMC 16.10.010, and is a
result of Council's anticipated adoption of the three resolutions
initiating assessment districts for paving at (1) Fathom/Toyon
Intersection, (2) Upland and Highland Streets, and (3)
Lawton/Candlelight to Golf Course.
A preliminary assessment roll has been prepared for each proposed
district. For purposes of this report, lots proposed to be assessed
are designated by lot, block, and subdivision, as well as by parcel
number (refer to preliminary assessment rolls).
Fathom/Toyon Intersection
The proposal is to pave the intersection and provide curbs, gutters,
and drainage. The total cost of the project is estimated at $100,000;
---$12,000 would be assessed. Note that the $100,000 cost includes
('-----about $30,000 for drainage outfall. It is not clear what Council's
policy is regarding assessable costs. The preliminary assessment roll
has been prepared for the full cost (12% of $100,000). If Council
chooses not to assess for the outfall, the assessments would be for
$8,400 (12% of $70,000). It is your decision.
Upland and Highland
The proposal is to pave Upland and Highland, including curbs, gutters,
and drainage. The total cost of the project is estimated at
$245,000: $29,400 (12%) is proposed to be assessed, S'; --
Lawton
The proposal is to pave Lawton from Candlelight to the Golf Course.
Total cost is estimated at $112,200; $13,464 (12%) is proposed to be
assessed.
Reccowndation
The Administration supports the scope of the projects and agrees with
the need for paving these roads because on every public opinion poll
conducted by the City of Kenai, road improvements rated number one as
the most desirable needed improvements within the City of Kenai.
In recognition of Council's assessment policy, the Administration
recommends a 12% assessment on these jobs. Grant monies are available
for unassessed portions and the general fund capital improvement
reserve is available for the assessed portion.
Based upon estimated costs and 12% assessments, grant monies will
provide $402,336 and the general fund capital improvements reserve
will provide $54,864.
memos/kcc-9
YATBONITOION INTE1: AN DISTRICT
PRILIKIIART ASSKSSKKNT ROLL
'
7-5-89
_--- - ------- __-----
----------------
-------------
�
_---------___
PAVING-
2
i RELATED
ASSESSED
i
]
LEGAL DEBCRIPTION__
t OY
COST kT
COST AT
t
OWVER
ADDRESS
PARCEL
_ _
SUB➢IVISION BLOCK
__ —ESTIN.
LOT
SQ, IT,
TOTAL
100%
12t
s
PH11LIPS PITIOLEUK CO., PROP TAI/IIAL ESTATE
BOSS E. TUFTS 01 PARKVAI,
DINVII, CO 80237
04713022
REDOUBT
TERRACE
SUBO. 3
32
10,588
12,732%
12,732.08
1,528
a
7
NECESSARY, NARK i AIITA
1625 PATRON DR., IEWAI, Al
99611
04713023
REDOUBT
TERRACE
SURD. 4
1
10,588
12,732%
12,732.08
1,528
'
a
NEAR, JIIONI 6 ASSOC.
GRAVEN 448, SOLOOTHA, AK
99669
04715015
REDOUBT
TERRACE
SUED., ADDR 7 6
20
16,984
20.4231
20,423.28
21451
;
9
CU1TI5, DAVID i RAIIETTA
1601 TDTON WAY, KENAI, AS
99611
04715015
REDOUBT
TERRACE
SUBD., ADDH 6
23Y
7,500
9.019t
9,018.76
11062
17
JOCHKAN, DAVID i CORI, NANCY
248 SANTA INEZ CT., SANTA
BARBARA, CA 93103
04715017
REDOUBT
TERRACE
SUBD., ADDN 6
231
7,500
9.0191
9,018.76
1,082
SEDOSE, BEIL i STERLACCI, IAITB
516 12TH AVE., YAIRBANRS,
Al 99701
01715018
REDOUBT
TKRIACI
SURD., ADDN 6
23D
7,500
9,019%
9,018.76
1,082
i2
BOND, DARRIN 1 58E1I
1607 TOYON VAR, KENAI, AK
99611
04715019
REDOUBT
TERRACE
SUBD., ADDN 6
23C
7,500
9.019%
9,018.76
1,082
n
77
COGBOIN, GLEN i KIKOLAJEVSII, DONNA
1609 TOION WAY, RIVAI, AK
99611
04715020
REDOUBT
TERRACE
SUED., ADDH 6
23B
7,500
9,019%
9,018.7E
1,082
.7
i'
07IIILLI, VINCENT i KAIJOIII
1611 TOTOR WAY, KENAI, AK
99611
04715021
REDOUBT
TERRACE
SUED., ADDN 6
23A
7,500
9.0191
9,018,76
1,081
19
is
's-
-- - — _ .-_-
_ _
_ -..-__.__--
-------------------_____
-
--83,150
100.000b
100,000.00
11,999
Ic
1:
TOTALS ---
iT
71
2C
.7
71
1^
22
17
1�
.'
JI
2s
17
'7
G
78
10
tJ
11
12
s
8
O
7
e
9
D
I
I
J
PATRONITOYON INTERSECTION DISTRICT
PRELININART ASHHHSNHNT ROLL
PAYING
2
6 RELATED
ASSESSED
_ _
LEGAL DESC
ESTIN.__---
. } OP _-
__COST AT _ ---LOST-
AT __
3
° --^
OWNER ---
ADDRESS
__..
PARCEL
SUBDIVISION
BLOCK
LOT
SQ. PT,
TOTAL
1D0}
12}
°
°
PBIL11ts e[ttOIiD1LCD., PIOP 1AE11u;�18TATL
_ B055 E. TUPTS AVE PAR[NAI, DENVBR, CO 80237
04713022
REDOUBT TERRACE SURD.
_ _ ___ 3
4
_ _ 32
1
10,588 .
10,588
12.732%
__ 8,912.16
8,912.46
..__1,069
1,069
T
NHCISSAIT, NARI i ARM
1625 YATNON DR., EENAI, At 55611
01713023
RHDODN! THRRACE SURD.
7 6
20
16,984
20.423%
20.423$
14,29S.3C
"9
°
ISAI, JHIONI i ASSOC.
DRAWER 448, SOLD OTNA, Al 99669
99611
04715015
04715016
REDOUBT TIRRACI SUBO.,
REDOUBT TERRACE SUBD.,
ADDN
ADDN 6 ...
231
7,500
._ 9.0194
6,313.13
758
2
' _—.CUEIIS.�gID
19AIJITTA __ __ ____
T —
1601 TOYOU WAY KENAI, Al —
248 SANTA YNEZ Cl., SANTA BARBARA, CA 93103
04715017
REDOUBT TERRACE SURD.,
ADDN 6
231
7,500
9.019%
6,313.13
756
�'
°
"
J0C8NAN, DAYIO i CONR, NANCY
i St[ELA, R PAIlH
616 1279 AVE., MARRIES, AE 99101
01715018
REDOUBT TERRACE SURD.,
ADDN 6
23D
7,500
9,019%
5,313,13
758
5
e
-
SN00SI, VEIL
1607 TOYON WAY, KENAI, Al 99611
047150I9
REDOUBT TEHRACH SUBD.,
ADDN 6 ___--.. _
_ 23C
__7,500
.. 9.019%
6,113.13
- 758
3_RQNUS
17
OANEIL i STIIL
COGEUIN, GLEN i NIMAJIWSEI, DONNA
1609 TOYON WAY, KENAI, Al 99611
04715020
IEDOUBT TERRACE SURD.,
ADDN 6
23B
7,500
9.0194
6,313.13
758
"
O'REILLI, VINC[[T i MAWORIg
1611 TOYON WAY, IHNAI, Al 99611
04715021
REDOUBT TERRACE SURD.,
AODN 6
23A
7,500
9.019%
6,313.13
758
6
83,160
100,0002
10,000.00
8,402
16
17
l04A15
,
19
20
75
l
22
��f f23
it �1
rAz ty 1 ry
c.r%tr
]]
2
xf
-
------
---
_
a
2e
r
27
--
- -
a
----- -
-
C„�
" V
20
.r
30
31
32
t
75
36
3e
40
Al
42
43
114
. 17
41
49
r 60
.�
9x
rf3
;2
65�
.
i Sf
UPLAND i HIGHLAN6 AICT
JIILININAIY ASSESSMENT LOLL
PAVING
,
-2
i RELATED
ASS355cdt
J
LEGAL DESCRIPTION
_ -
ESTIN,
1 Of
"CST AT
COST AT-_
OWNER
ADDRESS
PARCEL 4
SUBDIVISION
BLOCK
LOT
SQ. FT.
TOTAL
100'
12%
,
s
2 J
°
rTjI 0uxxxt
210-EIDALGO, KE1AI,-AI_-_99611-------------- - -
-- 01106403 _.
ORIGINAL TONNSI?E --
_____
4—
— -5--
-_ 1I,015--__6.855i
--16,794.63
7
REESE, OILAND i BI?TT '
BOX 135, SEL➢OVIA, At 99663
04706401
ORIGINAL ?OWNSITE
!
6
4,876
1.958E
1,795.91
576
°
RAN 6 NALSTON -
DRIVER 3771, IIIAI, AK 99611
04706414
ORIGINAL TORNSITE
4
1,PAR 3
7,050
3.151E
7,721.10
927
++
__804
HIGHLAN➢ AVE., KENAI, At _99611_ -
017064I8 .
MISSEN SUB, IALS-BRAUN
AD,
1983 __—_.__.
-T1 B-!
_ 21,341-
8.569E
20,993.54
_ _2,519
12
'
10
ROBIITS, DAM
P.O. BOX 1913, KENAI, At 99611
04706419
NISSEN SUB, MALS-BRAUN
AD,
1983
TR 0
18,731
7,5201
10,423.44
2,211
It
NATIONAL BARK Of ALASKA
P.O. DOI 500, ANCHORAGE, At 9951D
04706139
MLSSIM 5118, NALB-BRAUM
AD,
1993
1
27,918
11.192E
21,420.25
3,29D
+°
12
A1101 i NALSTON
DRAWBI 3771, IIIAI, At 9961E _._ . _ -- _...
_. 04706441 _.
NISSEN SUB,.NALS-BRAUM
A➢,.1983.___—__
3_____18,131_.__
7.5201.
-18,123.44.___-1.211__..
i2
POPPLN, I.J. i GEORGIA L.
P.O. 101 702, KILAUEA, MI 96754
01707116
ORIGINAL TOWNSITE
5
11 6 12
21,187
8.6261
21,134.19
2,536
14
71M, 11111. i 3?1PNAli1 N.
P.O. BOI 1103, HUNTINGTON BEACH, CA 92605
04707117
ORIGINAL TDWMSITE
5
13
6,662
2,6751
6,552.61
786
•� J
15—my
,_Gm 1.-P.O.
DOI 2020, WORDS, MA ._98020 _. _ -
04707118
011611AL ?OWNSITE _ ___
._
__ ___ __ 5._
14
__ 6,307 .._..2,532%
6,203.44
_. _ 711
°
V41IA1, PAIL N. i SANDIA J.
P.O. 001 111269, ANCHORAGI, At 99511
04707122
ORIGINAL TMSI?E
5
18
6,530
2.621E
6,422.78
771
?
'7
MORN, JOHN T.
1012 E 9TH AVE., ANCHORAGE, At 95501
01707126
ORIGINAL TOWNSITE
5
21
6,721
1.69P1
6,610.64
793
"
Nt,LLtx 3011 a
14231 SUMVIEW D1., ANCHORAGE, At 99515 _____
__ __ 04707127
_ORIGINAL TOWSIT1_____.
_______5
_. _ 22_..7,769
__ 3.127E
7,661-11____
519
°
PA111I1F, "CHAN 6 LONA
506 UPLAND, 1111I, At 99611
04707128
01I6IMRL TOMI?E
5
23
5,004
2,009E
4,921.84
591
70
BAITER, I"N 1.
1054 HICK LANE, AMCNOIAGE, At 99501
04709201
0116ML "MITI
16
1 6 2
9,986
1,009%
9,822.03
1,179
2`--CDt10LLY._ALLCE
K. ____ .-__.—._._376.
LA11YIIN DR., GIANTS PASS, 01. _97526 _._ _-__._._.....__.
01709202
ORIGriAL TOVNSI?E ___.____.._______
16. _.___.-..
3.......
1,911
1.984E
4,859.87
583
�=
37
BAITER, RUTH 1.
1054 BIRCH LANE, ANCHORAGE, At 99501
04709203
01IGINAL Y MIISITI
16
4
10,557
4,238E
10,383.66
1,146
23
""It, M.J. B GIMIA L.
P.O. 101102, IILADIA, HI 96754
01709213
01IGML TOMNSITE
16
17
I'm
1,621E
3,979.57
478
24
Holy JOHN T. �— _ ___.
YAYL�EX,,
.. 1012 1 9" AM, ANCHORAGE, At. 99501..-_._.
_______. 04709211
_ OIIGIMAL..'PEwSITI _._..
__._,16 .--_-._.18_.
_.. 9,182
_ 3.686E
9,031.23
- 1,084
25
.
J.S. i JOSEPE A., IS?ATE i DAIIEN SMA
GENERAL DELIVERY, IINA1, AE 9961E
047OS215
011GIML TMSITI
16
19
10,971
1.104E
10,790.86
1,235
26
11131, WADE i DELLA L.
P.O. 801 141081, ANCHORAGE, AK 99514
04709216
ORIGINAL ?OIMSITE
16
20
7,316
2.9371
7,195.87
864
t7IDN1_1IltllSt_E
SYBILLIA___ _ _. _ ..._
_ P.O.-BOX 100101, ANCHORAGE, At 99510 _
04709217
ORIGINAL TOIMSITE -
__ 16__
21
10,171
.- 4.364E
10,612-50
1,283
26
FIN INVESTMENT COMPANY, C/O B. L. BRODIRICI
733 WEST 4TH 91, 1853, ANCHORAGE, At 99501
01709218
ORIGINAL TOWNSITI
16
22
4,235
1.700E
4,165.46
500
_
29
"; V
30
TOTALS ------ --
_.- -- _ _.___._..__..__ _. _..---
_.. -------_—_____--
_
---------------219,090_
100.0001...2l5,000.00_-29,40E
31
32
4_
33
34
Q
35
' PER NOTI 11 IPB ?AI BOOK, 1/2 TAXABLE AND 1/2 NATIVE
+
76
UNSUAE Of SIGNIFICANCE WITH REGARD TO ASSBSSNINTS
37
35
3a
40
41
42
42
46
46
is ✓
F
47
60
r- ✓
_.
N
6T
53
64
f
21
'2
66
73
tl a
71
°7
CARTON (CANDLELIGHT TO GOLI COURSE)
I ILIMIMARI ASSIS$11" ROLL
7-5-89
T
PAVING
13
6 BELATED
ASSESSED
-
°
-LEGAL DESCRIPTION -._._._
-_-_ _.._. ....
ISTIM..---
- t 0I
COST AT
COST AT
'
6
ORMIR
ADDRESS
PARCIL j
SUBDIVISION
BLOCS L07
SQ, IT.
TOTAL
100%
12%
'
°
'
KOLKaw n� many 6 rnQTE
-- - P.O. 101 252, IENAI, At - 99611 -
04515407 --
DAY SURD. -_ -.._ _..__ ._
-----_------ _i--
10,661-_-2.287%
- 2,566.03
. _ _ 308
°
MOVE, RILLIAN D. 6 BIVIILY J.
1223 LILAC PLACE, IENAI, At 99611
04515108
DAY SUBD.
4
10,637
2.282%
2,560,26
307
'
NEITHER, DALI A.
106 CANDLELIGHT DR., IENAI, At 99611
04515418
NEITHER SUBD,
1
58,806
12,615%
14,154.-2
l,oii
0
P.O. BOI 101020, ANCHORAGE, At 9951D
04515419
NEITHER SUBD.-
_.__ -_ _ 2
15,903
3.112%
3,827.75
. 159
'
"
SANTORO, RAYMOND 6 NANCY
P.O. 80I 3218, RAIKOLCA, HI 96743
04522018
T06KIlIV334
GL 176
44,550
9.557%
10,722.90
1.287
-
"
_
—_...12,730
__ 2.731}
3,064.03
36368
III, STIVIN
29 ROGEIS DR., CRIEKTORAGA, IT 11225
04522034
TIBIA B SUBD.
1 1
13,125
2.6161
3,159.1D
379
's
III, STIVIN
29 ROGERS DR., CHIIKTORAGA, BY 14225
04522035
TKRIA B SUBD.
1 2
13,125
2.616%
3,159.10
379
q —
_.PEKMAM,. 3089
P.O. BGI 1347, CHADION, ME . 69337._ -- _
04522036
TIIIA B SOBD. -
-.____-1--.-.... 3 --
13,125--.2.8161
3,159.10
379.
°
17
PRKNAM, JOIN
P.O. BOI 1347, CHAORON, NI 69337
04522037
TERRA 8 SUBD.
1 4
13,251
2.843%
3,189.43
-
383
'
CITY Of IENAI/IICHAID MORGAN
801 1101, KENAI, AI 99611
04901050
TDSNIIIV503
GL 1-4
247,500
53.D94%
59,571.64
7,149
Ts
TOTALS
466,153
100.0001
112,200.00
13,465
?5
21
u
23
;.
T<
Ts
Te
_
:;
27
3s _.
28
3'
29
30
2
71
e
33
34
36
v
36
37
36
39
r,1
et
43
11
d6
46
i
r e7
l{
r 60
6,
y
r 63
6°
ree
I<
e
{7
5
Suggested by: City Council
CITY OF KENAI
RESOLUTION NO. 89-53
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA SETTING A DATE
FOR PUBLIC HEARING ON PROPOSED ASSESSMENT IMPROVEMENTS.
WHEREAS, the City Council has initiated assessment proposals on three
proposed improvements: (1) Fathom/Toyon Intersection, (2) Upland &
Highland Streets, and (3) Lawton - Candlelight to Golf Course, and
WHEREAS, the City Council has considered the City Manager's report on
these proposed improvements, and
WHEREAS, a preliminary assessment roll on each project has been filed
with the City Clerk, and
WHEREAS, proper notices will be given on each proposed assessment
improvement.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the date of public hearing on each of the above -mentioned
proposed assessment improvements be set for August 2, 1989.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of
July, 1989.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ruotsala, City Clerk
Approved by Finance: e cZQ
jal
D - .3
CITY OF
%Od eaf� 4 44a" „
210 FlDALQO KENAI, ALASKA 99611
TELEPHONE 283.7535
July S, 1989
Hororable Mayor and Council:
I. The City Economic Development Commission
shall meet: Thursday July 13th
7:00 P.M. Homer Electric building
II. The Agenda will be
A. Review of commission's activities
B. Re -definition of purpose of council
C. New personnel to serve as Commissioners and
Officers
D. Recommendations to Council on new direction
and activities of Commission
E. Other items
III. Mayor, Council Members and City Manager Earnestly
invited to attend.
Thank you,
Vince O'Reilly
Chairman, EDC
.P -s
KENAI ADVISORY LIBRARY COMMISSION
June 6, 1989 7:30pm
Kenai Community Library
Kathy Heus, Chair
1. CALL TO ORDER:
The meeting was called to order by Chairperson Heus.
2. ROLL CALL:
Kathy Heus Absent: Carol Brenckle
Janice Rodes Doug Emory
Joanne Elson
Paul Turner
Dennis Simmons
In attendance: Emily DeForest, Library Director; Ethel
Clausen,, KPC Librarian
3. APPROVAL AGENDA:
Dennis Simmons moved to approve the agenda without
additions. Seconded by Joanne Elson. Motion carried.
4. APPROVAL OF MINUTES OF MAY 2, 1989:
Under "Roll Call" it should be KPC not KPCC. Doug Simmons
moved to approve the minutes with this correction. Seconded
by Paul Turner. Motion carried.
5. PERSONS SCHEDULED TO BE HEARD: None
6. DIRECTOR'S REPORT:
Emily reported that the birthday party was a big success
and thanked all the Commissioners who were able to
attend. Commissioners were given the Monthly Management
Report for May, 1989, the June Calender of library events,
and copies of some of the material from the Summer Safari
Program. Emily discussed the Summer Safari program
and reported that approximately seventy children were
already signed up! Terrific! Emily also had a library
patron who filled out a complaint slip about one of the
children's books, "Don and Donna go to Bat". Emily asked
a couple of the commissioners to help her review the book
so she could respond to the complaint. Also, Emily will be
attending a conference in Dallas in July and will then be
going on vacation.
7. OLD BUSINESS:
a. Budget: The City Council will be making the final
Page Two
Kenai Library Commission Meeting
June 6, 1989
decision to approve or disapprove the request for an
additional paid staff person for the library. The letter
of support by this commission has been received by the
Council.
b. Kenai Comprensive Plan: Commissioners reviewed the
goals of the Library Commission which were revised
and updated June 6, 1987. Considerable time was spent
going over each goal and objective. Some goals were
deleted as commissioners felt the goal had been reached.
New/revised goals were also included. Kathy will retype
the goals and objectives with the changes, corrections and
deletions and have them ready for final review/approval by
the next Library Commission meeting. A memo was sent to
the Kenai Planning Commission to let them know that the
Library Commission was following through on their memo
concerning the City's Comprehensive Plan.
8. NEW BUSINESS:
a. Branch Library: Commissioners discussed the idea of
having a library branch on the east side of Kenai.
This area is too far away for many of the library's
services to be utilized. The Kenai residents of this
area could really benefit from services to be provided
by a small branch library in their own community.
Commissioners liked this idea and will be discussing
it in more detail at future meetings.
b. Next Meeting Date: There will be no meeting in
July. The next meeting will be August 8th and will
be combined with a barbecue at Dennis Simmon's home.
9. COMMISSIONER'S COMMENTS/QUESTIONS:
A general comment of thanks to Kathy for calling to remind
commissioners about the birthday party and to Emily for the
well—done monthly report. Directions to Dennis' house will
be sent out in the packets for the August meeting.
10. ADJOURNMENT:
The meeting was adjourned at 9pm by Kathy Heus, Chairperson.
Patti Truesdell, Recording Secretary
for the City of Kenai
June 20, 1989
n--7
CITY OF KENAI
G'g 1 4 44" 11
210 FIDALG,O KENAI, ALASKA 99511
TELEPHONE 2M - 7535
fy135to) 11711z111 u
TO: Mayor Williams and Council
FROM: Janet Loper
RE: Minutes of Planning & Zoning Commission Meeting
June 28, 1989
The minutes of the last Planning & Zoning Commission meeting are
rather lengthy and will be available soon.
Please accept the attached agenda and the report from Councilman
Hal Smalley in the interim.
Thank you,
ja'06zr—
ic KENAI PLANNING & ZONING COMMISSION
June 28, 1989 - 7:00 P.M.
City Hall Council Chambers
Pat Nault, Chairman
1. ROLL CALL
2. APPROVAL OF AGENDA
3. PERSONS PRESENT SCHEDULED TO BE HEARD
4. PUBLIC HEARINGS
a. Resolution PZ89-7: Variance for Building Within Setback,
Lot 1, Blk 3, Sungate Park S/D - Rhyner
5. APPROVAL OF MINUTES - May 24, 1989
6. OLD BUSINESS
7. NEW BUSINESS
a. Home Occupation: Lot 27, Blk 1, Valhalla Heights, Locksmith
Shop - McCrosky
8. PLANNING
9. REPORTS
a. City Council
b. Borough Planning
C. City Administration
10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
11. INFORMATION ITEMS
a. City Council Agenda - May 17, 1989
b. Borough Planning Commission - May 15, 1989
C. APA Publications - 2
12. COMMISSION QUESTIONS & COMMENTS
13. ADJOURNMENT
STEVE COWPER
GOVERNOR
STATE O F AL.1:+ K k
CFFICE OF TH£ GOVERNOR
JUXFAII
June 16, 1989
Mr. John J. Williams
President
Alaska Conference of
Mayors
Suite 200
217 Second Street
Juneau, AK 99801
Dear Mr. Williams:
RECEIVID
JUN 19 1989
ALAWA MUNICIPAL LEAGUE
F-I
,t192021���� .
V�
S `�i C? C•
N o
C to jo
6'C9 q C
The Legislature has gone home and I wanted to take a moment
to thank the many Alaska organizations that saw fit to
endorse my proposal to create an education endowment. I
hope that you will share my appreciation with your
membership.
Your early display of faith in this effort means a great
deal to me and contributed to our success in getting HJR 13
through the House of Representatives. I am confident that
we can convince the State Senate and the people of Alaska
that the endowment is a worthwhile investment in our future.
But we still have a long way to go. Your continued active
support will be necessary to make the endowment a reality.
It is important that your members personally and directly
communicate with senators to urge them to support the
resolution so that it may appear on the 1990 ballot.
I am enclosing the revised version of the resolution. The
House Finance Committee made some very acceptable changes to
the bill to enable the Legislature to determine when it's
the best time to begin appropriations from the endowment's
interest earnings.
0
Page 2
June 16, 1989
Again, thank you for your very valuable and necessary
support. I am committed to this effort for the remainder of
my term. It's important that we leave something of our oil
largesse for future generations.
Enclosure
jincerel
Steve
Governor
0
ty,
Offered: 5/6/89 goO199hM
Referred: Rules i
Original sponsor: Rules/Governor
1 IN THE HOUSE BY THE FINANCE COMMITTEE
2 CS FOR HOUSE JOINT RESOLUTION NO. 13 (Finance)
3 IN THE LEGISLATURE OF THE STATE OF ALASKA
4 SIXTEENTH LEGISLATURE - FIRST SESSION
5
6
CI
Proposing amendments to the Constitution
of the State of Alaska creating a perma-
runt AnAnumnnt fnr PASIrAtl nn _
8 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
9 * Section 1. Article IX, sec. 7, Constitution of the State
10 is amended to read:
I
of Alaska,
11
SECTION 7. DEDICATED FUNDS. The proceeds of any state
tax or
12
license shall not be dedicated to any special purpose, except
as pro-
13
vided in Sections 15, 17, and 18 [SECTION 15] of this article
or when
14
required by the federal government for state participation in
federal
15
programs. This provision shall not prohibit the continuance
of any
16
dedication for special purposes existing upon the date of ratification
17
of this section by the people of Alaska.
18
* Sec. 2. Article IX, Constitution of the State of Alaska, is
amended
19
by adding new sections to read:
20
SECTION 17. EDUCATION ENDOWMENT. There is established
an educa-
21
tion endowment to finance public education. The education
endowment
22
is part of the principal of the Alaska permanent fund. The
education
23
endowment shall be placed in a separate account within the
principal
24
of the permanent fund, and shall be invested as required by
law for
25
permanent fund investments. Income from the education endowment may
26
only be appropriated to fund public elementary and secondary
education
27
in Alaska. Income that is not appropriated shall be placed
annually
28
in the principal of the education endowment.
29
SECTION 18. EDUCATION ENDOWMENT FUNDING. After January 1, 1991,
HJROI3D -1- CSHJR 13(Fin)I
1 at least forty percent of the income of the permanent fund, not in-
2 cluding the income of the education endowment, shall be placed annual-
3 ly in the education endowment. The revenue allocated to the permanent
4 fund under Section 15 of this article, from settlement or final adju-
5 dication of the Dinkum Sands case (United States v. Alaska) and the
6 North Slope Royalty Oil case (State v. Amerada Hess, et al.) shall be
7 placed in the education endowment under Section 17 of this article.
8 SECTION 19. REPEAL. Section 18 of this article is repealed
9 July 1, 2005, unless the legislature, by the affirmative vote of a
10 majority of the membership assembled in joint session, extends Section
11 18 for a period not beyond June 30, 2010.
12 Sec. 3. The amendments proposed by this resolution shall be placed
13 before the voters at the next general election in conformity with art.
14 XIII, sec. 1, Constitution of the State of Alaska, and the election laws of
15 the state.
CSHJR 13(Fin) -2- HJR013D
G-/
July 1., 1989
Kenai Council Members,
We are unable to attend the July 5th Kenai Council
meeting as we are traveling out of state.
Up until 1986 the City of Kenai paid for all strip
paving, then when state monies became scarce, council
decided residents would have to begin sharing costs.
We heartily agree ---but only when sharing is done on an
equi tabl a basis. By the way, since that statement. of - vie
council two roads in Kenai have been paved free to the
property owners.
Since council has decided that 12% is to be
charged to VIP, Lindwood/Candlelight, East Aliak/Highbush,
(an amount equa-distant between free paving, which some
council members favored, and 25%, which other council
members favored ---and a far cry from the 50% assessed
Eagle Rock and Tern Place) we ask that council treat us
fairly and reduce our assessments to 12%,too.
We may be a distance from city center, but our little
road generates much money within the local economy with
the campground/boat launch used not only by area residents,
but by many tourists, and Kenai River fishing guides.
Again we ask that the council make us equal to other
property owners within the city ---lower our assessments
to 12%.
•r
•f
Duane and Phyllis Quellette
4345 Eagle Rock P1.-�
Kenai, AK
283-4694
`
�,n e 1. 198 9
e*ldent-q/raxpavers of Eagle R( -)c - Place and fern Place in
T
kena I 'it�assessment.
e v ng -A L C Council reconsider the pa i
of 50".-1 assigned us in 1986 for strip paving.
The residents agreed to pay the 50 IVI in order to relieve themselves of
;,il-zl :,! : =4 ;� -,T - the
hV f,010! ==QXO*V the increased traffic due to t,
at I' at "he end of Eagl
e , le Rock Place.
I I f�
, ; - , ', �Ii ,.me the residents received a letter stating that due to the
Jecreasc-,,i ! u-nds received from the state, residents would have to begin
i r i n-'..-qTs of road paving,
-7 f
Aarailion Road was paved at no costs to the property owners.
11-en ,n I Swires Road 7x--as paved with no cost to the property owner,
-see 1 -1-- t1i at .Clip, Lindwood/"andflelight and East Al'ak/Hitj
:iJ5 -laving,
Mper17- �)Wi`ers dl`;�i M�IIIU U�Fesseu 'or
Igt! L'/,rI-: ,nd Tern r)lar-c -,vish onl-, " `
-,11CIL U1, e I L
r �� �21
"Ning -y Ou, lie-oun-11 raernbers, tc) re�-consider our assessinent
and lower it k I Candlelight and Ifighbush- 1 2'-'t.
Thank, you,
'--nai City Council
II.De!1,11'sula clat-1011
—
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3
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5,590.00
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7,500.O0
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CITY CLERK
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10,000.00
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4,401.36
4,560.00
49
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LIERAF'Y
REPAIR AND riAINT[.NAt10E
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1791-1991
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covR✓c14.
'7/s/e9
CITY OF KENAI
eapdai 4 4�0d�0'0'
210 FIDALGO KENAI, ALASKA N5611
TELEPHONE 283 - 7535
FAX 907.283-3014
TO: Keith Kornelis, P.W. Director
FROM: Jack La Shot, City Engineer #
DATE: June 29, 1989
SUBJECT: Parking/Staaina Addition - Boating Facilit
The referenced project is approximately 90% complete at this time
and should be complete by the end of next week. Most of the work
has gone well with the exception of an approximately 21% quantity
overrun of Type III material (sand fill).
We calculated bid quantities using topographical information
produced from aerial photography taken during design of the
previous dock project. The cross sections taken before filling
began, showed the topo to be about 0.85 to 0.90 higher than actual
ground contours. This elevation difference caused an overrun of
the bid quantity by about 5000 CY of Type III material 6 $5.12/CY
($25,600). I chose the existing topo for several reasons: no
funds had been appropriated to have surveying done during design,
snow and ice during that time period (February and March) would
have caused some problems, and it is a common practice to use
aerial photography for this type of project. I did not expect the
accuracy to be that far off.
The rest of the project quantities are going to balance out close
to bid amounts. Some overrun of gabions was offset by deleting 2"
of Type I material. The project budget now should be adjusted as
follows:
Page 2
Orioinal Budget Anticipated Amount
Construction $ 200,000 $ 224,000
Admin., Surveying
& Testing 7,000 2,500
Contingency 13,000 -0-
Total $ 220,000 $ 226,500
Amount to be appropriated $ 6,500
If this appropriation could be introduced at the 7/5/89 Council
meeting, I will know the exact amount for the second reading on
7/19/89 when final payment to the contractor will be made.
N3
Suggested by: Administration
City of Kenai
ORDINANCE NO. 1327-89
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $6,500, IN THE DOCK FACILITY
CAPITAL PROJECT FUND FOR QUANTITY OVERRUNS ON THE PARKING/STAGING AREA.
WHEREAS, the City is experiencing quantity overruns on the Boating
Facility Parking/Staging area construction, and
WHEREAS, a portion of the overruns may be financed by transfers within
the project, with the balance requiring an appropriation from the
General Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as
follows:
General Fund
Increase Estimated Revenues:
Appropriation of Capital Improvement Reserve $ 6,500
Increase Appropriations:
Non -Departmental - Transfers Out $ 6,500
Dock Facility Capital Project
Increase Estimated Revenues:
Transfer from General Fund $ 6,500
Increase Appropriations:
Improvements Other than Buildings $ 6,500
Be it further resolved that the following transfers be made in the
Dock Facility Capital Project Fund:
Transfer From:
Inspection
Contingency
Transfer To:
Improvements Other than Buildings
<$ 4,500>
< 13,000>
$17,500
1
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of
July, 1989.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ruotsala, City Clerk
First Reading:
Second Reading:
Effective Date:
Approved by Finance: C!l
(6/30/89)
jal
July 5, 1989
July 19, 1989
July 19, 1989
H -Y
Suggested by: City Council
City of Kenai
ORDINANCE NO. 1328-89
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $46,000 IN THE
"LAWTON-CANDLELIGHT TO GOLF COURSE" AND "FATHOM/TOYON INTERSECTION"
FUNDS FOR ENGINEERING DESIGN.
WHEREAS, the City Council desires to form assessment districts to
partially finance the above construction projects, and
WHEREAS, engineering must begin immediately for there to be any
possibility for construction to be completed in 1989, and
WHEREAS, appropriate portions of design costs will be allocated to
assessable costs if, and when, assessment districts are formed, and
WHEREAS, grant monies are available due to projected under -runs in the
VIP project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased
<decreased> as follows:
Lawton -Candlelight to Golf Course
Increase Estimated Revenues:
1986 Road Grant
Increase Appropriations:
Engineering
Fathom/Toyon Intersection:
Increase Estimated Revenues:
1986 Road Grant
Increase Appropriations:
Engineering
VIP Paving:
Decrease Estimated Revenues:
1986 Road Grant
Decrease Appropriations:
Construction
$20,000
$20,000
$26,000
$26,000
<$46,000>
<$46,000>
1
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of
July, 1989.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Ruotsala, City Clerk
First Reading:
Second Reading:
Effective Date:
Approved by Finance:
(6/30/89)
jal
July 5, 1989
July 5, 1989
July 5, 1989
.r.
H . 5.00
WN..CE
BIR,
CONSULTING ENGINEERS
P.O. BOX 1041 KENAI, ALASKA
(907) 283-4672
WINCE-CORTHELL-BRYSON
BOX 1041
KENAI, ALASKA 99E11
City of Kenai
Dept. of Publ is Works
210 1=idalgo
Kenai, Alaska 99611.
Attention: Keith Kornelis
Subject: Proposal for Engineering and Surveying Services;
Toyon way- =th Street & Psoen Street and i_aW on Drive
Keith:
In res ponce to your recent reo i_tesw for ors o Asa 1 s. W i nce-Cori; ne:i 1-
Bryson is oleased no st_1omiL this cocument for your review and
consideration.
During preparation of tail proposal! we have visited the
individual stweets scn dulea for improvements, and have reviewed
available planning and construction as -built documents CJr"eviousiy
prepared for tne City of Kenai.
We look forward to working with thi:-:? City of Kenai on snls or"ojec
and hope this oroposal provides it's readers with the ilntforRagioi't
requested.
Due to the limited time available for preparation oT this
proposal we have limited its contents to a proposed scone of iVori -<
description, designation � �f our proposed design team, a
discussion of Project Scheduling and our Proposed Cost ScneCiule
for providing the services listed in the proposed Scope of WOrh
Section:
Should the City require additional information not speci. fica:i. ly
asked for or provided in this proposal, please do not nesiza e to
contact us at your convenience.
Sincerely
WYNOCffE-COR i HELL-k�YSuN
.f
Case Madden, P. E.
TABLE OF CONTENTS
PAGE
TABLE OF CONTENTS 1
PROPOSED SCOPE OF WORK 2-3
PROJECT DESIGN TEAM 4
DESION/CCNSTRUC7I0N SCHEDULE 5
PROPOSED COST SCHEDULE 6
A77ACHMENTS
~^ .�ee Scneoule
�esumes
Certificate of Insurance
1
PROPOSED SCOPE OF WORK
WAN WAY INTERSECTION:
1. Data Researon
2. Field Survey
3. Preliminary Design
A. Plan/ Prof le
b. Drainage Alternatives
C. Quantity Calculations
0. Cost Estimates
4. Review Suomittals
5. Final Design Contract Documents and Cast .Estimate
A review of the Coastal Management Fry-ro7 ram Quest i ona i re and
preliminary discussions with local A. D. E. C. of7' : "Ials indicate
that a system plan review will :le recurred Tan a st+_i}•m drain
outfall system onto tidelanos. Special design consicerations are
seaimentatioi'i, Gil and grease separation and aisonarps turnitity.
We have therefor seoaratea final cesimn ano iYsoecrion costs
under the two drainage aiternatives Aroposec.
ASPEN AND 55_TH STREET
1. Data Research
L. Field Survey
3. Soils Investi,gat ion
4. Preliminary Design
a. Plan/Profile-Street-Water-Sewer-
b. Quantity Calculations
C. Cost Estimates
5. Review Submittals
6. Final Design Contract Documents and Cost Estimate
The house that encroaches into the R.O. W. on P5pen Street was
previously located by survey as a part of the 4th StreetProject
designed and inspected by our firm in 1981 and 1982.
It appears that a ` 1 --61 offset of centerline could accomocave tale
encroachment if 24' of pavement with E' railed curd and putters
were used for the typical section
�n
Utilities may be problem on t n ese streets as they are both
h
constructed to one side of centerline.
LAWTON DEIVE
i. Data Research
2. Field Survey
3, Preliminary Design
a. Plan/Profile
b. Quantity Calculations
C. Cost Estimates
4. Review Suomittals
5. Final Design Contract Documents and Cost Estimate
This section of Lawton Drive was designed and inspected by our
firm in 1986. Some reoair of the flood damage from the fall of
1986 will be required but other than that should oe fairly
straignt forward.
3
T`
�
PROJECT DESIGN TEAM
The Project Desion Teao for the proPosed Projects woulc consist
of the following oerscnei all located in our Kenai office.
Philio Bryson, P.E.
Casey Madden, P.E.
Kevin Davis
Vicki Coleman
WoJect Manager and Lead
Design Engineer
Design Engineer,
Engineer Tecnnician
CamPuter Tecnnician
Subcontractors nr000sec to be utilized on tnese oro`ec7s would
consist of the foiiowing firms also oaseo in rne kenaz qrea.
Integrity Surveys - Design and Construczion Surveys
Cliff Baker, N.L.S.
McLane and Associates - Laooratory Soils ano Quality
Control Testing
All memoers of tne pr000sed Design Team nave previously workeo
togeather on numerous design and construction proJecus tnrougnout
the City of Kenai, including projects on and arouno toe screets
scheduled for imorovements.
These prior oroJects have been all successfully designeo and
managed by Wince-Corthell-Bryson with personel still on staff and
listed in tne above Design Team. This continuity ot design ano
survey work in tne area will provide for efficient utilization of
manhours and record data previously prepared for the City of
4
DESIGNICONSTRUCTION SCHEDULE
Assuming a notice to 7;^ot=F. eo date of july 12, '.'. 89, :Iz would be
mossible to design, Min and COnSt'r UCt Lawton Drive with a
comoletion date of around October 1. 1989..
As en. 5th, ana iyoun, however. involve water -sewer and storm
drain improvements and will r"equi4e the plan review of the 1-1.iama
Belly. of Environmental Conservation and oossibly the Corns. of
Ennineers for the nr000sed Toyon Storm Drain ! utfa..i..i.
Due to the Exxon Oil Spill ,and the recent mancate of PA of
removal of underground storage tanks together with their normal
work load, A. D. E. C. has been taking the full 30 day review period
to address project submittals.
A 30 day review oeriod would essentially extend the i='omoletion of
Final Plans and the Did Advertisement period beyond this
C'onsr r uct i Carl season.
Our recoiflmendem scnedule would zmerefore he Co cosign aiN:,
construct Lawton Drive this year and have tale other two oroects
ready for Did early in 1990.
5
COST SCHEDULE
Lased on the aformenti oned work tasks we have ^f'reoared the
following O Table i- i_ C�:. st indicating ther''esnect ive cost of eacm
ohase oftheproject foy f acm street.
PHASE
LAWTON
ASPEN
TOYON W/
DRIVE
5TH
INFILTRATION
OPTION
Later Research
240.00
730.00
240.00
Design Survey
1000.00
2550.00
1250.00
Preliminary
Design/Specs
4192.00
7592.00
4192.00
Final Design
/ Specs
1624.00
2984.00
1624.00
Const ruct i on
Survey
4600.00
6530.00
225U.00
inspection
6480.00
12480. 00
5680.011)
Testing
750.00
i000.00
750.00
Printing
20 sets
500.00
500.00 00
500. 00
Miscellaneous
500.00
500.00
500.00
TOYON W/
OUTFALL
OPTION
480. 0C)
:J :7
-,C. 0 ►
3664, i_)U
2750. i_lt_J
1000.00
500.00
TOTAL ........ $19886. 00.. . $34B66. 00.. $16 +L6. 00. .. . .. 52bG6G. UU
The above casts for each job are fic_urec indepenc7ensly o! each
ether,. In the event all three projects are awaroed, aporoximately
$3, 000. 00 in duol icate Engineering, Draft inter, & Ser_re'tariai work
preparing specifications and detrail drafting would ae eliminated.
Attached as part of this pr000sal is our current fee scheCluiei1.
Should you Have any n u6:i:'st ions concerning this proioosa l or require
additional information olease do not hesitate to contact file :::t'C
this office.
6
INVITATION FOR BIDS
KENAI MUNICIPAL AIRPORT TERMINAL RESTAURANT
CITY OF KEh8AI
(KMC 21-10'120)
In accordance with KMC 21'10.120, sealed bids for the eX(,lusive
right to lease the Kenai Municipal Airport Terminal Restaurant
will be received at the City Hell offices. Bid forms can be
obtained at City Hall. All bids must be received no later than
2:00 p.m., on , 1989, at which time and Place
they will be publicly opened and read'
Bidders shall offer e one-time Premium in addition to the
established leas* rate of ONE THOUSAND FIVE HUNDRED DOLLARS
(*1,500'00) per month. The bidder mffer�nm the highest one-time
mremium will obtain the right to a five-year lease, subject to
all provisions of review and approval established for all other
lease applioatlon!3�'
Date Wm' J. Brighton
City Manager
INSTRUCTIONS TO BIDDERS
CITY OF KENAI
KENAI MUNICIPAL AIRPORT TERMINAL RESTAURANT
I. Bjj?__ffRQrO.SAL.S-:
All bids Must be made on the Bid Proposal Forms furnished by the
City (attached hereto), must be Properly executed as provided
thereon, and be addressed and delivered to the office Of the, City
Manager, City of Kenai, 2113 Ficialgo Street, Kenai, Alaska, 99611,
no later than 2:00 p.m., on 1989. Bids may also be
mailed to the City Manager, City of Kenai', 210 Fidalgo Street,
Kenai, Alaska, 99611, but must be received at the office of the
City Manager no later than 2:00 on 1989, to be
considered.
Each Bid Proposal Must be Submitted in a sealed envelope which is
clearly marked on the outside with the Bidder's name and the
following label:
CITY OF KENAI
"KENAI MUNICIPAL AIRPORT TERMINAL RESTAURANT"
Each submitted Bid Proposal shall include -
A. A completed, signed, and notarized Bid Proposal (Pages BP-1
to BP-3).
B. The required Bid Deposit.
No late, telefaxed, or telegraphic bid proposals will be
accepted. When received by the City, all bid proposals become
the Property of the City. When bid Proposals are opened, all bid
proposals and supporting documents and statements become public
information.
ftIQ_jKffyI5TQN/WITHDRAWAL:
A bidder may withdraw or revise a hid proposal after it has been
deposited in the office or the City Manager, 210 Fidalgo Street,
Kenai, Alaska, 99611, provided the following conditions are met:
A. The Bidder submits a written request for return of his
bid Proposal. (The rEq0e,'-3.t rfltlst be signed by the
bidder, or a duly authorized agent or officer of the,
bidder, and
IB-J-
B. The City is able to clearly identify the bidder's
sealed bid envelope by reading the bidder's name on the
outside. No bid envelope wilt be opened for, bidder,
identification or any ether reason prior to the time
set for formal bid opening,
C. The withdrawal or revision if, completed prior to the
time set for opening of the bids. [Revisions are
subject to the came regUirements as all other bids.
No telefaxed or, telegraphic bid revisions or withdrawals will be
accepted.
III. REJ OTION OF BID PROPOSALS:
Bid proposals may be rejected under any of the following
conditions:
A. If they show any alterations, erasures, irregularities
of any kind or additions not called for; if they are
conditional or incomplete; or if they fail to comply
with any of the requisite conditions.
B. If the Bidder is in arrears in any payments owing to
the City or is in default of any obligation to the
City; or is a defaulter as surety or otherwise upon any
obligation to the City, or has failed to perform
faithfully and diligently any previous contract with
the City.
In addition, the City reserves the right to reject any or all bid
proposals and waive any defects when in its opinion such
rejection or waiver will be in the best interest of the City.
The right is reserved by the City to reschedule the bid opening
or re -advertise for bid proposals if such action is desired by
the City.
IV. BID DEPOSIT:
All bid proposals must be accompanied by cash, a certified check
or cashier's check on a solvent financial institution doing
business within the State of Alaska, payable to the City of
Kenai, in the amount of $2,000.00. The City reserves the right
to cash such check and hold the proceeds thereof pending the
execution of the contract.
IB-2
Im
V1.
rea
B.
C .
CONTRACT AWARD:
The lease award, if made, wi)). be made by the City
Manager for, the City ity of Kenai., or his official
designee.
In the case of any discrepancy between the words and
figures in the Bid Proposal, the words shall govern.
The Contract award, if made, will be based upon the
following:
1. The conformity of the Bidder to all of the terms,
conditions, and prerequisites set forth in the bid
documents.
2. Best interest of the City of Kenai as determined
by the City Council.
3. The total one-time premium to be paid to the City
for the right to lease the premises.
EXECUTION OF CONTRACT:
A. Execution of Agreement - Within -fifteen (15) calendar
day!.--, after, the successful bidder has received from the
City the lease agreement for- signature, the Bidder Must
sign and the City must receive the lease agreement
together with any additior-ia.). monies required Pur,"'LAant
to the guarantee advance and the one-time premium
stipulated
S Upon execution of the under l� C em V II below. ow.
agreement by the City, the successful bidder's bid
deposit, shall be credited against the rent guarantee
payable by the bidder under said agreement for- the
first two (2) months of the contract term.
B. Failure to Execute- Lease - Failure to execute arid
return the agreement together with the guarantee
advance, so that they are received by the City within
fifteen (15) calendar days after the SLJC0eSSfLJl bidder
has received the agreement for execution shall be just
cause for the mnnulment of the award and for forfeiture
of the bid deposit to the City. If the SUCCCISS-FLAI
bidder refuses or, fails to execute and return the
agreement, together with the required guarantee advance
the City may award the agreement to another resr->onsive
ClUalified bidder. If any Such bidder to whom the
agreement is so awarded refuses or fails to execute and
return the same in the time specified, such bidder's
bid deposit shall likewise be forfeited to the City.
I B -3
VII. GUARANTEE ADVANCE:
The SLICce5Sful bidder, must submit the one-time premium rind
advance guarantee payment to the City when returning the, executed
copies of the c:ontrac:t as required under Item VI above of the bid
deposit required is not: .sufficient. Said advance guarantee
Payment shall be the first two (2) months' rent cILMrantee offered
by the successful bidder, .Less the remains of the bidder's
$2,000.00 Bid Deposit. Said advance guarantee must be made by a
certified check or cashier's, check on a solvent financial
institution doing business k,lithin the State of Alaska, payable to
the City of Keriai (i.e., one-time Premium + two months' rant: of
$3,000 - $2,000 = amount to be remitted).
VIII. RETURN OF BID DEPOSITS:
Bid deposits submitted by unsuccessful bidders will be returned
to them as soon as possible AF-FEIR-the agreement has been signed
by the successful bidder i�nd the city, or if all bids are
rejected, Fall bid deposits wi_)l be returned.
IX. TIE BIDS:
In the event of a tie bid by qualified bidders, the tie will be
broken by awarding the agreement to they bidder who wol..ild be in
the best interest for the City of Kenai.
X. PRE -BID_ CONFERENCE.:
A pre --bid conference for a).1 potential bidders will be held at
City Hall, 210 Fidalgo Street;, Kenai., Alaska, 99611, on
1989, beginning at 10:00 a. m. The conference will be
conducted by the Airport rlanager and will include a genearal
information briefing, a question and answer session, and an
inspection tour of the subject property.
XI. GENERAL CONTRACT INFORM61 ON:
The City may require of any bidders signed surety guarantees from
all principals, agents, directors, stockholders, and/or officers
of the successful bidding entity.
XII. OTHER REQUIREMENTS:
Bidders are responsible for carefully examining all dacuments
relating to this agreement and should .judge for themselves all
the circumstances and conditions affecting their bid proposal.
Failure on the part of any bidder to make such examination Find to
IB--4
investigate thoroughly shall not be grounds for, any claim that
the bidder did not Understand the conditions of the bid Proposal.
All bidders should also thoroughly familiarize themselves with
the subject Property conditions.
XIII. GENERAL__CONTRACT INFORMATION:
A. The City of Kenai is offering an opportunity to do
business on City lands and does not in any way
guarantee a profit..
B. The effective date of the contract shall be ten (10)
days after execution of the lease.
C. The City may require of any bidders signed surety
guarantees from all principals, agents, directors,
stockholders, arid/or officers of the successful bidding
entity.
D. Improvements, facilities, fixtures, equipment and
things on, in or appurtenant to the leased premi, are
leased "as is", "where is" and without any warranties
imr)lied or otherwise, or representations whatsoever,,
including warranties of 'Fitness for a particular
purpose or warranties of merchantability. It shall. be
expressly understood thfat the maintenance repair and/or
replacement, if needed, of facilities, fixtures,
equipment and things on, in or appurtenant to the
leased premises are the sole responsibility of the
bidder.
IB-5
F3ID PRQPQSAI._
CITY OF KENAI
KE.NAI MUNICIPAL AJRPORT TERMINAL_ RESTAURANT
gate;
City of Kenai
210 Fida.lgo Street
Kenai, Alaska 99611
Gentlemen:
The undersigned (person, partnership, joint venture,
corporation), hereinafter called the Bidder, hereby offers to
enter into a Lease Agreement covering certain rights and
privileges on lands within the City of Kenai. In connection with
this offer and in addition to all terms of the proposed lease,
they bidder offers to pay the following one-time premium of:
(Print Amount)
This offer is made subject to the terms and conditions of the
Invitation for Bids dated _� and the
Instructions to Bidders and Specimen lease Agreement issued by
the City as part of the offering for, the subject property.
Attached hereto and made a part of this offer are the following:
1. A bid deposit in the amount of $2, 000. GO in the
following form:
Cash, certified or cashier's check on a solvent
financial institution doing business within the State
of Alaska, payable to the City of Kenai. The Bidder
hereby acknowledges the City's right to cash such check
immediately following bid opening and to hold the
proceeds thereof until the award process is completed.
2. Within fifteen (15) calendar days after receipt of
notice and acceptance of offer by the City of Kenai, the Bidder
will, execute and deliver they I -ea >e Horeement, together with the
required Guarantee Advance sand cane -time premium and any required
bonds and insurance certificates to: (-J ty Manager, City of
Kenai, 210 f=i.dalgo Street, Kenai, Alask.3, 99611. Said Guarantee
BP-1
Advance will be the first two (2) months' rent guarantee offc-i�read
by the successful bidder, less the remains of the bidder's
$2,000.00 bid deposit and will be in the 'form of cash, certified
check, or cashier's check on a solvent -financial institution
doing business in the State of Alaska (i.e., one-time premium +
two months' rent of $3,000 - $2,000 = amount to be remitted).
It is understood and agreed by the Bidder that failure to execute
and return the lease agreement, together with all required items,
in the time specified, shall constitute a breach of this offer on
the part of the Bidder; and that capon Such breach the deposit
hereinabove> referred to shall. be forfeited to the City of Kenai.
Time is of the essence in the execution and performance of the
obligations under this Lease agreement. ,
This offer may be accepted or rejected by the City of Kenai by
written notice to the Bidder at the address stated on Page BP-2.
Sincerely,
Name of Bidding Corporation,
Company, or Person
Signature
8y
Individual Surety
Individual Surety
CORPORATE ACKNOWLEDGMENT_:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
(CORPORATE SEAL)
THIS IS TO CERTIFY that on this _ day of
before me, the undersigned, a Notary
Public in and for the State of Alaskh, duly commissioned and
sworn, personally appeared known
to me and to me know to be the
of _ _ ��..____._._____._....._.____� the corporation which
executed the foregoing instrument, Find he acknowledged to me that
he executed the same for and on behalf of said corporation, and
BP-2
that he is fully authorized by said corporation so to do; and
that the corporate seal affixed to said instrument the
corporate se -al of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand -and affixed
my official seal the day and Year above written.
Notary Public in and for, Alaska.
My Commission Expires:
INDIVIDUAL ACKNOWLEDGEMENT:
STATE OF Al.-ASKA
) 55s.
THIRD JUDICIAL DISTRIC1-
THIS is To CERTIFY that on this day of
198 ...... before me, the undersigned, a Notary
Public in and for the State of Alaska, duly commissioned and
sworn, personally appeared known
to me and to me know to be the person(s) named herein and who
executed the foregoing instrument, and (he, she, they)
acknowledged to me that (he, she, they) signed the same as (his,
her, their) free and voluntary act and deed with full knowledge
of its contents, for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, 1: have hereunto set my hand and affixed
my official seal the day and year above written.
Notary Public in and for Alaska.
My Commission Expires:
BP-3
CITY OF KENAI
N[NAT MUNICIPAL AIRPORT TERMINAL RESTAURANT
LEASE AGREEMENT
THIS LEASE, made and entered into this __ day of
by and between the City of Kenai., hereinafter referred to
as CITY, a body corporate under the laws of the State of Alaska,
with offices at 210 FIdaleo Street, Kpnai, Alaska, and _.... ...
________
°
hereinafter referred to as the LESSEE- ,
:
That for and in consideration of the rent to be paid by LESSEE for
the operation of the facility and surrender of the same in qmod
condition to the CITY at the termination of this lease and other
consideration oiven by the LESSEE herein, the CITY hereby leases
to the LESSE-E, and LESSEE takes and leases in an ^ea is" condition
from the CITY, Premises described and shown on the attachment
labeled Exhibit ^A^ and made part hereof, including all equinment
and fixtures existing thereon, at the time of execution of this
lease, which equipment and fixtures are more fully shown on the
attached Exhibit ^B^ and made o Pert hereof.
Said leased area shell hereinafter be referred to as the
Premises'^
TO HAVE AND TO HOLD the -same Premises unto LESSEE, subject to the
conditions and covenants herein contained, for the term hereinafter
specified.
The parties hereto further covenant and agree as follows:
The initial term of this lease shall be five (5) veers, commencing
ten (10) days after exeoution of this lease, end terminating at
midnight on the ' Upon termination of this
Lease, improvements including, but not limited to, those listed and
described under the attached Exhibits A & B, shall revert to the
CITY and further upon the termination of this Lease, all equipment
and fixtures on the leasedpremiaes under provisions hereof and all
fixturea appurtenant to Such buildings, including but not limited
to those constructed by LESSEE, shall be and become the property
I. -CA - 1 LESSOR -
LESSEE:
of the CITY. Miss lease may be extended during its term by mutual
consent of the parties -for another five (5) year term at a new
rental rate as set by, and in the sole discretion of, the City
Council.
R.ent aLAMOL)"Ot.
LESSEE shall pay to the City as rent for the use Of the Premises
the following:
$1,500.00 per month. In addition, LESSEE agrees to pay sales
tax on the monthly rental as determined by Borough and City
ordinances. Late payments shall be subject to penalty and interest
as provided by City Code.
The premises and trade fixtures and equipment under this Lease are
owned by the CITY. 1_FSSEE shall be Subject to taxation upon all.
personal property owned by CITY and used on or in connection with
the leased eremises. LESSEE covenants to pay any taxes as may be
lawfully assessed against any real or personal property upon the
premi,ses, including, but not limited to, taxes assessed for
fixtures and the leasehold interest.
ARTI.1Q_LE_I_1
LESSEE shall provide for- the operation and maintenance of the
leased premises as a restaurant.
Public; Use and von -discrimination
i ... ... -
A. The LESSEE' agrees that the facilities and the other
improvements provided for herein shall be equally available to all
members of the public without discrimination. Any discrimination
by the LESSEE in the use of any facility hereinabove described on
grounds of race, sex, religion or, national origin shall be deemed
to be a material breach of this Lease and grounds for cancellation
of the Lease.
B. The LESSEE agrees that he will not discriminate against
any employee or applicant for employment, to be employed in the
performance of this Lease with respect to his hire, tenure, terms,
conditions or privileges of employment or any matter directly or
indirectly related to employment because Of age, except when based
on a bona fide occupational ClUal.ific,�tion, or because of race, sex,
religion or national Origin. LFSSFF. understands that any SLACh
discrimination shall be deemed to be a material breach of t�hi�i
Leese.
LCA - 2 LESSOR:
(-E-SSEE.-
AffTICLE_I.I I_
Possession and__Mfaintenance
LESSEE shall have sole possession of, and responsibility for,
maintenance of the Premises, includingi, but not limited to, all
improvements constructed thereon and fixtures and equipment
existing on the property at the commencement of the lease and
thereafter installed by either LESSEE or CITY. The CITY shall have
the right to inspect the Premises and to impose reasonable
regulations to insure proper care, maintenance, and upkeep of the
Premises. The degree of maintenance :shall be in keeping with
similar premises. The CITY, through its City Manager, or his
designee, shall have the right to require that the Premises and
improvements thereon meet general standards of other like
facilities.
The CITY may advise the LESSEE in writing of any deficiency in
maintenance of the Premises. rhe% deficiency shall be corrected
within thirty (30) days, or within an appropriate period as may be
otherwise agreed.
Improvements, facilities, fixtures, equipment and things on, in or
appurtenant to the leased premises are leased "as is" and without
any warranties or representations whatsoever, including warranties
of fitness for a particular purpose or warranties of
merchantability.
ARTICLE _IV
Qptration
A. In its operation on the leased premises, LESSEE shall
observe all applicable Federal, State and Municipal Laws and
health, safety, and well-being of the public.
B. LESSEE shall at its expense, meet the requirements of
local and state health departments covering the handling and
dispensing of food and beverages, if applicable. Adequate toilet
facilities in accordance with state and local regulations shall be
provided and maintained at locations on the premises. Refuse and
waste materials shall be handled as required by applicable state
and local laws, ordinances and regulations.
C. LESSOR agrees to pay all public utility bills for
electricity, gas, water, and all other utilities used or consumed,
on the Premises and to procure at its expense all meters and
permits necessary for making connections and continuing utility
services.
D. LESSEE agrees, subJect to Article XII of this .lease, to
continuously operate the facility during the period of the lease.
LCA - 3 LESSOR:
LESSEE:
For purposes of this lease, "continuous operation" means that the
facility is open -for business on a daily basis, Mindays and
holidays excepted at LESSE E's option) and for such hours gars would
be reasonable for similar fmci.l;i.ties existing on the Kenai
Peninsula. Hours of operation shall be eattached to public exterior
doors.
ART I,CLE. _. V,
:insurance
Durino the term of this Lease, l_FSSFF.: shall procure and keep in
force, or shall where appropriate, require LESSEE'S contractors
and subcontractors to procure and keep in force, the following
insurance:
A. Workmen's Compensation Insurance, sufficient to meet State
of Alaska .statutory requirements, including $100,000.00
employer's liability coverage, protecting all employees of LESSEE
and employees of its contractors or, subcontractors during the term
of this Lease.
B. Comprehensi.ve General Liability Insurance, including
limits as to bodily injury liability of $500,000.00 for each
occurrence and $500,000.00 in aggr•eciate and, as to property
damages, liability of $ 500 , ()00 . [)() for each occurrence and
$500,000.00 in aggregate. Insurance policies required by this
paragraph shall name LESSt-E as InsiAred and the CITY as an
additional .'insured. Such insurance shall be made effective prior
to the beginning of operation of the premises.
C. Fire, Vandalism, Malicious Mischief, and extended coverage
insurance covering all improvements by LESSEE during the term of
this lease in an amount: equal to at least eighty (80%) percent of
the full insurable replacement value of such building above
foundations. Such insurance policies shall be issued in the joint
names of the CITY and LESSEE_ and shall_ be payable to the CITY and
LESSEE, as their respective interests may appear.
Duplicate ,originals or certificates of all insurance policies
required hereunder shall be delivered to the CITY prior to
occupation of the Premises by LESSEE. the entire amount collected
for losses under any fire and extended coverage policies shall be
held under .joint control of the CITY and LESSEE and shall be made
available to repair, restore, or rebUi.ld the damaged improvements.
Any excess part of the insurance fund remaining after the cost of -
repairs, rebuilding or restoration is paid, shall be paid to the
LESSEE. In the event the insurance fund is insufficient: to cover
the cost of repairs, rebuilding or restoration, the excess cost
shall be borne by LESSEE.
LCA - 4 LESSOR:
LESSEE. _...__..__.,.
n. Reassessment of insurance needs may be made by CITY at
any time to determine whether or not, in the City's sole
determination, the coverage shall be changed.
E. LESSEE agrees that thirty (",10) days notice :in k.-rit:ing
shall be given the CITY in the event of cancelliation, termination
or material change of any insurance policy required hereunder.
ARTICLE.__ T
AgSi.7D—"nt UfLease
Except as provided in this paragraph, this Lease shall not be
assigned in whole or in part, unless and until the CITY approves
such assignment in writing, which approval, shall not be
unreasonably withheld. Upon written request by the CITY, the
identity of the holder or holders to any mortgage, deed of trust
or security instrument and all,. individuals, corporations, or
parties having a financial interest as secured parties, investors
or shareholders with the LESSEE. in this lease, shall be provided
to the CITY by LESSEE within thirty (30) days of such request,
LESSEE shall have the right to sublease the Premises for uses and
purposes which are in accord with the provisions of this Lease,
only upon written approval by the CITY, which approval shall not
be unreasonably withheld.
ARTICLE VII
F'lede, of Luse
It is understood that in borrowing funds LESSEE cannot place a
mortgage on the Premises or, the fixed improvements placed thereon.
However, it is, contemplated that LESSEE may be required to borrow
funds for the initial construction of improvements and that from
time to time during the term of this Lease it may be desirable or
convenient for LESSEE to borrow additional funds I -or, additional
improvements, alterations, repairs or for other purposes.
Adcordingl.y,-it-is agreed that LESSEE shall at all times durinq the
term of this lease have the right to grant rights of security in
this Lease and the leasehold rights of LESSEE created by this
Lease, provided, however, that any such rights of security shall
at all times be subject to the right, title and interest of the
CITY as owner of the Premises and fixed :improvements placed thereon
and the -right of the -CITY to require the payment of all rentals due
hereunder and the full and faithful performance of the covenants
and conditions of this Lease. SubJect to any such ricihts of
security, the CITY shall have a lien upon all personal Property Property not
daily exposed to sale, owned by LESSEE and used on the Premise to
secure the payment of the rentals as they respectively come due
hereunder.
LC:A - 5 LESSOR:
LESSEE. - ~ -
In the event at any time during the term of this Lease, LESSEE, or
anyone holding under LESSEE_ shall be in default of any of the
covenants or conditions of this lease, then and in such event,
before forfeiture is invoked by the CITY, the holder of any rights
of security <;ranted by LESSEE hereunder may make any and all
payments and do and perform any and all acts and things which may
be necessary or required to prevent a forfeiture of this Lease, and
the party making such payments or performing such acts or things
shall thereby and thereupon be subrogated to all rights of the
LESSEE under this Lease. The CITY agrees, that, if requested in
writing by the holder of any such rights of security, the CITY will
send to the said holder at the address --specified in such written
request copies of all written notices or demands which the CITY may
serve upon LESSEE or anyone holding under LESSEE under and pursuant
to the terms of this lease or otherwise.
It is understood, however, that` the holder of such rights of
security, shall in no way be liable to the CITY for the payment of
any rent or for the performance of any other covenant or conditions
under this Lease until such time as it shall acquire by conveyance
from the LESSEE, or by the foreclosure or other proceedings
provided by law or by the terms of any written instrument, all the
rights, title and interest of the LESSEE under this lease,
provided, however, that any party who shall acquire said rights,
title and interest of the LESSEE, as above provided, shall
thereupon and thereby become liable for the full performances and
all payments theretofore and thereafter required to be made by
LESSEE under the covenants and conditions of this Lease, as Fully
and completely and to the same extent as the LESSEE itself woUld
have been if it still had retained its right, title and interest
hereunder.
ARTICLE VIi,
Cancellation andForfeiture
In the event LESSEE shall be declared bankrupt according to law,
or if any assignment shall be attempted to be made of this Lease
for the benefit of creditors (other than as herein permitted) or
if LESSEE shall abandon the leased premises or in the event rental
due hereunder remains unpaid for thirty (30) clays after notice of
nonpayment given to LESSEE, then in any of said events, the CITY
may declare the Lease to be terminated and may enter into and upon
the land covered by this Lease or any part thereof and repossess
the some (including any and all. improvements and installed
fixtures) and expel the LESSEE and those claiming under it and
remove its effects, forcibly if necessary, without being deemed
guilty of any manner of trespass and without prejudice to any other
remedies which might otherwise be used for possession or for
arrears of rent.
I_CA - 6 LESSOR:
LESSEE~.: _._ _.....
ARTIGLE-_...IX,
rndemni,t.i.c
LESSEE shall protect, indemnify and save harmless the CITY from
and against any and all claims, demands, and causes of action of
any nature whatsoever for i.n.iury to or death of persons, or loss
or damage to property, occurring on the Premises or in any manner
growing out of or connected with the I_ESSE:E'S use and occupation
of the Premises or the r•ondition of the Premises during the terms
of this Lease.
�1f2TIC,��X
Wa
Any waiver by the CITY of :any default or breach of this Lease shall
not be construed to be a contirnainq waiver of such default or
breach nor as a waiver or permission, express or implied, of any
other or subsequent default or breach.
ART Z CtLE_,XI
If by reason of strike, lockout, war, rebellion, material or labor
shortage due to a national emergency, fire, flood, hurricane or
other casualty, periods of excessive rain, or by any other matter
not within its control, the CfTY or LESSEE in good 'faith and
without fault or, ne�;ilect on its parts is prevented or delayed in
the construction of any condition except as relates to rental
payments or, the maintenance or insurance which, under the terms of
this Lease, it is required to do so perform within a specified
period of time, the period of time within which such performance
was to have been completed shall be extended by a period of time
equal to that of such delay or, prevention, and the CITY or LESSEE.,
as the case may be, shall not be deemed to be in default if it
diligently performs and completes such work or covenant or
Condition in the manner -required by the terms of this Lease within
the specified period of time as so extended.
ARTICLE.__ XII
C� Hera lC 1 fuses
A. All references to the Parties to this Lease and all
covenants, conditions and lease agreemcrnts of this Lease shall
apply to and be binding upon the CITY and LESSEE and their
respective heirs, executors, administrators, legal representatives,
successors and assigns (when assignment is made in accord with the
LCA - 7 LESSOR: _
LESSEE:
provisions hereof) as if they were in each case fully named and
stated. In this Lease both the CITY and LESSEE are, referred to in
the singular and neuter gender. However, such words and all other
terms and words used in this [_.ease rep iardless of the number and
gender in which they are used, shall be deemed and constri..4ed to
include any other number (singular or plural) and any other gender,
masculine, feminine or neuter, as the sense of the writin,1 herein
may require, the same as if such words had been fully and properly
written in the required number and gender.
B. All notices to the CITY shall be sent by certified or
registered mail addressed to the city Manager, City of Kenai, 210
Fidalgo Avenue, Kenai, Alaska, 99611, or at such other address as
the CITY may in writing from time to -t},me designate by written
notice to the LESSEE. All notices to LESSEE shall be sent by
certified or, registered mail addressed to LESSEE at _
or at such other address as LESSEE
may from time to time designate by written notice to the CITY.
C. This [__ease is made under the applicable laws of the State
of Alaska and if any term, clause, provision, part or portion of
this Lease shall be adjudged invalid or illegal for any reason the
validity of any other part or portion of this Lease shall not be
affected thereby and invalid or illegal term, clause, provision,
part or portion shall be deleted and ignored as if the same had not
been written.
D. Venue 'for any dispute arisinci out of this lease shall be
in the trial courts for the State of Alaska, Third Judicial
District at Kenai.
E. This Lease may be altered, modified or amended only by
written instruments sinned by LESSEE and the CITY and approved by
the City Council of the CITY.
IN WITNESS WHEREOF, the parties hereto have caused this instrument
to be signed and sealed the clay and year first above written.
DATED: This day of —_, 1989.
CITY OF KENAI: LESSEE:
Wm. J. Brighton
City Manager
LCA - 8 LESSOR:
Provisions hereof) as if they were in each cease fully named and
stated. In this Lease both the CITY and LESSEE are referred to in
the singular, and neuter gender. However, :auch words and all other,
terms and words used in this Lease regardless of the number and
gender in which they are used, shall be deemed and construe!d to
include any other number (singular or plural) and any other gender,
masculine, feminine or neuter, as the sense of the writing herein
may require, the same as if such words had been fully and properly
written in the required number and gender.
B. All notices to the CITY shall be sent by certified or
registered mail addressed to the City Manager, City of Kenai, 210
Fidalgo Avenue, Kenai, Alaska, 99611, or at such other address as
the CITY may in writing from time to �e.}me designate by written
notice to the LESSEE. All notices to LESSEE shall be sent by
certified or registered mail addressed to LESSEE at
or at such ether address as LESSEE
may from time to time designate by written notice to the CITY,
C. This Lease is made under the applicable .laws of the State
of Alaska and if any term, clause, provision, part or portion of
this Lease shall be adJudged invalid or illegal for any reason the
validity of any other part or portion of this Lease shall not be
affected thereby and invalid or illegal term, clause, provision,
part or portion shall be deleted and ignored as if the same had not
been written.
D. Venue 'for any dispute arising out of this lease shall be
in the trial courts for the `sate of Alaska, Third Judicial
District at Kenai.
E. This Lease may be altered, modified or amended only by
written instruments signed by LESSEE and the CITY and approved by
the City Council of the CITY.
IN WITNESS WHEREOF, the parties hereto have caused this instrument
to be signed and sealed the day and year first above written.
DATED: This day of , 1989.
CITY OF KENAI:
Wm. J. Brighton
City Manager
LESSEE:
LCA - 8 LESSOR:
:
LESSEE:
STATE OF ALASKA )
) ss_
THIRD JUDICIAL. DISTRICT )
THIS T8 To CERTIFY that on this ci�-ay Of _._.
1989, bei.ns-i Personally known to me or
having produced satisfactory evidence of identification, appeared
before me and acknowledged the voluntary and .�iathori-;r_ed execution
of the foregoing instrument_
_._-.__.._......____....... _._. --- ---..-----
Notary Public in and for Alaska.
- My- Commiss3lorr Expires:
STATE OF ALASKA )
)
THIRD JUDICIAL DISTRICT )
THIS fS TO CERTIFY that on this ....___..___ clay of
1989, WILLIAI`1 J. BRIGHTON, City Manager, or the Laity of Kenai,
Alaska, beinci personally known to me or having produced
satisfactory evidence of identii'i,cation, appeared before me and
acknowledged the voluntary and authorized execution of the
foregoing instrument on behalf of, said city.
......... ........
Notary Public in and for Alaska.
My Commission Expires:
Approved as to lease form by City Attorney.
Approved by Finance Director.
Approved by City Manager
Lease Approved by Council on
Janet Ruotsala, City Clerk
LCA - 9 LESSOR:
LESSEE: _
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INVITATION FOR BIDS
KENAI MUNICIPAL AIRPORT TERMINAL GIFT SHOP
CITY OF KENAI
(KM(-, 21.10,1'20)
In accordance with KMC 21.10.120, sealed bids for the eXClLJSiVe
right to lease the Kenai Municipal Airport Terminal Gift Shop
will be received at the City Hall offices. Bid forms can be
obtained at City Hall. All bids must be received no later than
2: 00 p.m., on . ...... _, 1989, at which time and place
they will be publicly opened and read.
Bidders shall offer a one-time premium in addition to the
established lease rate of FIVE HUNDRED DOLLARS ($500.00) per
month. The bidder offering the highest 'one-time Premium will
obtain the right to a five-year lease, subject to all Provisions
of review and approval established for all other lease
applications.
----------- - ---- --- ______
Date Wm. J. Brighton
City Manager
INSTRUCTIONS TO BIDDERS
CITY OF KENAI
KENAI MUNICIPAL AIRPORT TERMINAL GIFT SHOP
I. BID PROPOSALS:
All bids Must be made on the Bid Proposal Forms furnished by the
City (attached hereto), must be properly executed as Provided
thereon, and be addressed and delivered to the office of the City
Manager, City of Kenai, 210 Fidalgo Street, Kenai, Alaska, 99611,
no later than 2: 00 p. m. , on J989. Bids may also be
mailed to the City Manager, City of Kenai, 210 Fidalgo Street,
Kenai, Alaska, 99611, but must be received at the office of the
City Manager no later than 2:00 p.m., on 1989, to be
considered.
Each Bid Proposal must be submitted in a sealed envelope which is
clearly marked on the outside with the Bidder's name and the
following label:
CITY OF KENAI
KENAI MUNICIPAL AIRPORT TERMINAL GIFT SHOP"
Each Submitted Bid Proposal shall include:
A. A comiDleted, signed, and notarized Bid Proposal (Pages BP-1
to BP-3).
S. The required Bid Deposit.
No late, telefaxed, or telegraphic bid proposals will be
accepted. When received by the City, all bid Proposals become
the property of the City. When bid proposals are opened, all bid
proposals and supporting documents and statements become public
information.
II. Ellp _Rf / 41 THPRAW&L,:
A bidder may withdraw or revise a bid Proposal after it has been
deposited in the office of the City Manager, 210 Fidalgo Street,
Kenai, Alaska, 99611, provided the following conditions are met:
A. The Bidder submits a written request for return of his
bid proposal. (The request mi.ist be signed by the
bidder, or a duly authorized agent or officer of the
bidder, and notari7ed.)
IB-1
6. The City is able to clearly identify the bidder's
sealed bid envelope by reading the bidder's name on the
outside. No bid envelope will be opened for bidder
identification or any other reason prior to the time
set for formal bid opening.
C. The withdrawal or revision is completed prior to the
time set for opening of the bids. Revisions are
sub,ject to the same requirements as all. other bids.
No telefaxed or telegraphic bid revisions or withdrawals will be
accepted..
REJECTION OF BID PRQPQS&La:
Bid proposals may be rejected under any of the following
conditions:
A. If they show any alterations, erasures, irreclUlarities
ol- any kind or, additions not called for; if they are
conditional or incomplete; or if they tail to comply
with any ol- the requisite conditions.
B. If the Bidder is in arrears in any Payments owing to
the City or is in default of any obligation to the
City; or is a defaulter as surety or otherwise upon any
obligation to the City; or has failed to perform
-Faithfully and diligently any previous contract with
the City.
In addition, the City reserves the right to reject any or all bid
proposals and waive any defects when in its opinion such
rejection or waiver will be in the best interest of the City.
The right is reserved by the City to reschedule the bid opening
or re -advertise for bid proposals if Such action is desired by
the City.
IV. BID 1?EPQSU:[:
All bid proposals must be accompanied by cash, a certified check
or cashier's check on a solvent financial institution doing
business within the State of Alaska, payable to the City of
Kenai, in the amount of $2,000.00. The City reserves the right
to cash Such check and hold the proceeds thereof Pending the
execution of the contract.
IB-2
V. CONTRACT AWARD:
A The :ase award, if made, will be made by the City
Mana�--jer for, the City of Kenzii, or his official
designee.
B. In the case of any discrer)ancy between the words and
figures in the Bid Proposal, the words shall govern.
C. The Contract award, if made, will be based upon the
following:
1. The conformity of the Bidder to all of the terms,
conditions, and Prerequisites set forth in the bid
documents.
2 [---13eP.t interest of the City of Kenai as determined
by the City Council.
3. The tot,,-il one-time Premium to be paid to the City
for the right to Lease the premises.
VI. EXECUTION OF CONTRACT:
A. Execution of Agreement - Within 'fifteen (15) calendar
days.> after the successful bidder, has received from the
City the lease agreement for signature, the Bidder must
sign and the City must receive the lease agreement
together with any additional monies required pursuant
to the guarantee advance and the one-time Premium
stipulated under Item VII below. Upon execution of the
agreement by the City, the successful bidder's bid
deposit, shall be credited against the rent guarantee
payable by the bidder under, said agreement for the
first two (2) months of the contract term.
B. Failure to Execute Lease - Failure to execute and
return the agreement together with the guarantee
advance, so that they are received by the City within
fifteen (15) calendar days after the successful bidder
has received the agreement for execution shall be Just
cause for the annLJ1ment of the award and for forfeiture
of the bid deposit to the City. If the SLJCC-eSSf(4.1
bidder refuses or fails to exra(--ute and return the
agreement, together with the required guarantee advance
the City may award the agreement to another responsive
qualified biddr-r. If any SLACK bidder to whom the
agreement is so awarded refuses or rails to execute and
return the same in the ti.me s.,,pecified, such bidder's
bid deposit shall likewise be forfeited to the City.
I B-3
VII. GUARANTEE ADVANCE:
. .......... .. . ...... . -
The successful bidder Must Submit the one-time Premium and
advance guarantee payment to the City when returning the executed
copies of the contract as required under :Item VI above if the bid
deposit required is not sufficient. Said advance guarantee
Payment shall be the first two (2) month--,' rent guarantee offered
by the successful bidder, less the remains of the bidder's
$2,000.00 Bid Deposit. Said advance guarantee must be made by a
certified check or cashier's check on a solvent financial
institution doing bLAFine-ss within the State of Alaska, payable to
the City of Kenai (i.e., one-time premium + two months' rent of
$1,000 - $2,000 = amount to be remitted).
VIII. RETURN OF BID DEPOSITS:
Bid deposits submitted by unsuccessful bidders will be returned
to them as soon as possible AF ' - -R rF- 7the agreement has been signed
by the successful bidderand the City, or if all bids are
reJected, all bid deposits will be returned.
Ix. TIE BIDS:
In the event of a tie bid by qualified bidders, the tie will be
broken by awarding the agreement to the bidder who would be in
the best interest for the City of Kenai.
X. PRE -BID_ CONFERE
NCE,:
A Pre -bid conference for all Potential bidders will be held at
City Hall, 210 Fidalgo Street, Kenai, Alaska, 99611, on
1989, beginning at 10:00 a.m. The conference will be
conducted by the Airport Manager and will include a general
information briefing, 8 question and answer session, and an
inspection tour of the subJect Property.
XI. GENERAL CONTRACT INFORMATION:
The City may require of any bidders signed surety guarantees from
all principals, agents, directors, ,stockholders, and/or officers
of the successful bidding entity.
XII. OTHER REQUIREMENTS:
Bidders are responsible for carefu)ly examininci all documents
relating to this agreement and.should Judge for them.selve2s all
the circumstances and conditions affecting their bid proposal.
Failure on the Part of any bidder to make such examination and to
IB-4
investigate thoroughly shall not be grounds for any claim that
the bidder did not understand the condition,,:, of the bid Proposal.
All bidders should also thoroughly familiarize themselves with
the SUbjeCt property canditions.
XIII. GENERAL CONTRACT INFORMATION:
A. The City of Kenai is offering an opportunity to do
business on City lands and does not in any way
guarantee a profit.
B. The effective date of the contract shall be ten (10)
days after execution of the lease.
C. The City may require of any bidders signed SLArety
�ikjarantees from all principals, agents, directors,
stockholders, and/or officers of the successful bidding
entity.
D. Improvements, facilities, fixtures, equipment and
things on, in or appurtenant to the leased Premises are
leased "as is", "where is" and without any warranties
implied or otherwise, or representations whatsoever,
including warranties of fitness for a particular
purpose or warranties of merchantability. It shall be
expressly understood that the maintenance repair and/or
replacement, if needed, of facilities, fixtures,
eciuipment and things on, in or appurtenant to the
leased Premises are the sole responsibility of the
bidder.
IB-5
BID PROPOSAL.
CITY 01' KENAf
KENAI MUNICIPAt., AIRPORT TFRMINAI_ GIFT �iHOP
Date.
City of Kenai
210 Fidalgo Street
Kenai, Alaska 99611
Gentlemen:
The Undersigned (person, PHrtnersship, Joint venture,
corporation), hereinafter called the Bidder, hereby offers to
enter into a [,.ease Agreement covering certain rights and
privileges on lands within the City of Kenai. In connection with
this offer and in addition to all terms of the proposed lease,
the bidder offers to pay the following one-time premium of:
----------- 1-11 _.._-._-.___.__._...___________________DOLLARS
(Print Amour -it)
This offer is made subject to the terms and conditions of the
Invitation for Bids dated and the
Instructions to Bidders and Specimen Lease Agreement issued by
the City as part of the offering for the subject property.
Attached hereto and made a part of this offer are the following:
1. A bid deposit in the amount of $2,000.00 in the
following form:
Cash,,oertified or, cashier's check on a solvent
financial institution doing business within the State
of Alaska, payable to the City of Kenai. The Bidder
hereby acknowledges the City's right to cash such check
immediately following bid opening and to hold the
proceeds thereof until the award process is completed.
2. Within -fifteen (1-5) calendar days after, receipt of
notice and acceptance of offer, by the City of Kenai, the Bidder
will execute and deliver the Lease agreement, together with the
required Guarantee Advance and one-time premium and any required
bonds and insurance certificates to: City Manager, City of
Kenai, 210 Fidalqo Street, Kenai, Alaska, 99611. Said Guarantee
HP-1.
Advance will. be the first two (2) months' rent guarantee offs^red
by the successful bidder, less the remains of the bidder's
$2.,000.00 bid deposit and will be in the form of canh, certified
check, or cashier's check on a solvent financial institution
doing business in the `Mate of Alaska (i. e. , one-time premium +
two months' rent of $1 , 000 - $2, 000 amount to be remitted) .
It is understood and agreed by the Bidder, that failure to execute
and return the lease agreement, together with all re<lUired items,
in the time specified, shall constitute a breach of this offer, on
the part of the Bidder; and that upon such breach the deposit:
hereinabove referred to shall be forfeited to the City of Kenai.
Time :is of the essence in the execution and performance of the
obligations under this Lease agreement.
This offer may be accepted or rejected by the City of Kenai by
written notice to the Bidder at the address stated on Page BP-2.
Sincerely,
Name of Bidding Corporation,
Company, or Person
------------ ---------
Signature
.---._._.._...._...__.._-.-._..____-._..__.
By
Individual ;surety
Individual Surety
CORPORATE ACKNOt LE DGMENT
STATE OF" ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
(C;ORPORATE 'SEAL)
THIS IS TO CERTIFY that on this -------- day of
198__-.__, before me, the undersigried, a Notary
Public in and -For the State of Alaska, duly commissioned and
sworn, Personally apt:>eared known
to me and to me know to tae the
of the corporation which
execrated the foregoinci instrument, and he acknowledged to me that
he executed the same I -or and on behalf of said corporation, and
t.i P --- 2
that he is fully authorized by said corporation so to do; and
that the corporate aee1 affixed to yE--iid Instrument is the
corporate seal of said corporation'
IN WITNESS WHEREOF, I have hereunto yet my hand and affixed
my official seal the day and year above written'
--------------
Nmtary Public in and for Alaska'
My Commission Expires-
STATE OF 4LASKA �
) ys.
THIRD JUDICIAL DISTRICT )
TMIS IS TO CERTIFY that on this _ day of
198___., before me` the undersigned, a Notary
Public in and for the State of Alaska, duly commissioned and
sworn, personally appeared , known
to me and to me know to be the Person(a) named herein and who
executed the foregoing instrument, and (he, she, they)
acknowledged to me that (he, she, they) signed the same a's (hie,
her, their) free and voluntary act and deed with full knowledge
of its contents, for the uses and Purroa*a therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
MY official seal the clay and year above written'
Notary in and for Alaska -
MY Commission Expires:
CITY OF KENA I.
KE:NAI MUNICIPAL AIRPORT TERMINAL GIFT SHOP
LEASE AGREEMENT
THIS LEASE, made and entered into this -- dray of
by and between the City of Kenai, hereinafter referred to
as CITY, a body torpor ---ate under the laws of the State of Alaska,
with Offices at 210 F 5,dalgo Street, Kenai, Alaska, and ,._....._...._...__-
hereinafter referred to as the LESSEE.
WI TNErSSE.TH :
That for and in consideration of the rent to be paid by LESSEE for
the operation of the fmc i.lity and Surrender of the same in good
condition to the CITY at the termination of this lease and other
consideration given by the I ESSEE herein, the CITY hereby leases
to the I_E; :if:t and LESSEE takes and leases in an "as is" condition
-from the CITY, premises described and shown on the attachment
labeled E-xhibit "A" and made a part hereof, including all equipment
and fixtures existing thereon, at the time of execution of this
lease, which equipment and fixtures are more fully shown on the
attached Exhibit "B" and made a part: hereof.
Said leased area shall hereinafter be referred to as "the
Premn sees."
TO HAVE AND TO HOLD t-hei same Premises unto LESSEE, Subject to the
conditions and covenants herein contained, for the term hereinafter
specified.
The parties hereto fUrt:her covenant and agree as follows:
ART I CLE ---I.
Term of Leave
The initial term of this lease shall I:)e five (5) years, commencing
ten (10) days after execution of this .Lease, and terminat ing at
midnight on the _ Upon termination of this
Lease, improvements inc.ludinc4, but not limited to, those listed and
described under the attached Exhibits A & 8, shall revert to the
CITY and -further upon the termination of this Lease, all. e gUiprnent
and fixtures on the leased premises under provisions hereof and all
fixtures appurtenant tO SLIch bUildincxS, :inrludinq but; not limited
to those constructed by LE SSFE, shall btu and became the Property
L. CA - 1 l_.ESSOR
I_ ESSL~E .
of the CITY. This lease may be extended during its term by mutual.
consent of the parties -for another five (5) year term at a new
rental rate as set by, and in the sole discretion of, the City
COUnci I
Rental Amount:
LESSEE shall pay to the City as rent 'for the use of the Premises
the following.
$500.00 per month. In addition, 1,ESSEE agrees to pay sales
tax on the monthly rental as determined by Borough and City
ordinances. Late payments shall be subject to Penalty and interest
as provided by City Code. I
The premises and trade fixtures and equipment under this Lease are
owned by the CITY. LL5SEF shall be subJect to taxation upon all
personal Property owned by CITY and used on or in connection with
the leased Premises. LESSEE;' covenants to pay any taxes as may be
laWtLA11Y assessed against any real or personal Property Upon the
premises, including, but not limited to, taxes assessed for
fixturesa and the leasehold interest.
P qj�!
.u p� 9r. � mp,rs?.N,ement s
LESSEE shall r)rovide for the operation and maintenance of the
leased premises as a gift shop.
Public Use and Nlon-discrimination
A. The LESSEE agrees that the facilities and the other
improvements Provided for herein shall be equally available to all
members of the public without discrii-iiination. Any discrimination
by the LESSEE' 'in the use of any facility hereinabove described on
grounds of race, sex, religion or national origin shall be, deemed
to be a material breach of this Lease and grounds for cancellation
of the Lease.
B. The LESSEE mqrees that he will not discriminate avainst
any employee or applicant for employment, to be employed in the
performance of this Lease with respect to his hire, tenure, terms,
conditions or Privileges of employment or any matter directly or
indirectly related to employment be(�MAS& Of age, except when based
on a bona fide C)CCUPational qualification, or because of race, Sex,
religion or national origin. I_ESSFF Understands that any Such
discrimination shall be c.-Jeemed to be ;,..i material breech of this
Lease.
LCA - 2 LESSOR:
LESSEE:
ARTICLE_ II,I,
Possession and Maintenance
LESSEE shall have sole possession of, and responsibility for,
maintenance of the Premises, including, but not limited to, all
improvements constructed thereon and fixtures and equipment
existing on the property at the commencement of the lease and
thereafter installed by either LESSEE or CITY. The. CITY shall have
the right to inspect the Premises and to impose reasonable
regulations to insure proper care, maintenance, and upkeep of the
Premises. The degree of maintenance shall be in keeping with
similar premises. The CITY, throunh its City Manager, or his
designee, shall have the right to require that the Premises and
improvements thereon meet general standards of other like
facilities.
The CITY may advise the LESSEE in writing of any deficiency in
maintenance of the Premises. The deficiency shall be corrected
within thirty (30) days, or within ran appropriate Period as may be
otherwise agreed.
Improvements, facilities, fixtures, equipment and things on, in or
appurtenant to the leased Premises are leased "as is" and without
any warranties or representations whatsoever, including warranties
of fitness for a particular Purpose or warranties of
merchantability.
ARTICLE.,_IV
0,2erat: ion
A. In its operation on the leased premises, LESSEE shall
observe all applicable Federal, State and Municipal Laws and
health, safety, and well-being of the public.
S. LESSEE shall at its expense, meet the requirements of
local and state health departments covering the handling and
dispensing of food and beverages, if applicable. Adequate toilet
facilities in accordance with state and local regulations shall be
provided and maintained at locations on the Premises. Refuse and
waste materials shall be handled as required by applicable state
and local laws, ordinances and regulations.
C. LESSOR agrees to pay all public utility bills for
electricity, gas, water, and all other utilities used or consumed,
on the Premises and to procure at its expense all meters and
permits necessary for making connections and continuincy utility
services.
D. LESSEE agrees, subject to Article XII of this _lease, to
continuously operate the facility during the period of the lease.
LCA - 3 LESSOR. _
LESSEE: _--'
For purposes of this lease, 1. continuoi_v3 operation" means that the
facility is open for business on a daily basis (Sundays and
holidays excepted at L.F.SSIHE's option) and for such hours as would
be reasonable for similar facilities existing on the Kenai
Peninsula. Hot-irs of operation shall be attz_iched to public exterior
doors.
ARTICLE
ln§14n�nqft
During the term of this Lease, LFSSEE shall procure and keep in
force, or shall where appropriate, require LESSEE'S contractors
and subcontractors to procure and keep in force, the following
insurance:
A. Workmen's Compensation Insurance, sufficient to meet State
of Alaska statutory requirements, including $100,000.00
employer's liability coverage, protecting all employees of LESSF'E
and employees of its contractors or subcontractors during the term
of this Lease.
B. Comprehensive General. Liability Insurance, including
limits as to bodily in,jury liability of $500,000.00 for, each
occurrence and $500,000.00 in aggregate and, as to property
damages, liability of $500,000.00 for each Occurrence and
$500,000.00 in aggregate. 1.nSUrance Policies required by this
paragraph shall name LESSEE as Insured and the CITY as an
additional insured. Such insurance shall be made effective prior
to the beginning of operation of the premises.
C. Fire, Vandalism, Malicious Mischief, and extended coverage
insurance covering all improvements by I-ESSEE during the term of
this lease in an amount equal to at least eighty (80%) percent of
the full insurable replacement value of such building above
foundations. Such insurance Policies. shall be issued in the Joint
names of the CITY and (AE'SSEE and shall. be payable to the CITY and
LESSEE, as their respective interests may appear.
Duplicate originals or, certificates of all insurance policies
required hereunder, shall be delivered to the CITY prior, to
occupation of the Premises by LE,3SEJH. The entire amount collected
for lOSSeS Linder any fire Bind extended coverage Policies sh;-I. , L I be
held under Joint control of the ciTY ancl LESSEE iz.ind shall be made
available to repair, restore, or rehL11,)d the damaged improvements.
Any excess part of the insurance fund remaining after the oost of
repairs, rebui.ldinco or restort?,ition .is paid, shall be paid to the
LESSEE. In the event the insurance furicl is, insufficient to (-,over-
th(.� (,o,-,t of repairs,, rebLjildjncj or restoration, the exces<, cost
shiz_ill be borne by LESSEJE.
[_CA - 4 LESSOR:
L E S 5 C-__ E :
D. Reassessment of insurance needs may be made by CITY at
any time to determine whether or not, in the City's sale
determination, the coverage shall be changed.
E. LESSEE agrees that thirty (;(l) days notices :in writing
shall be given the CITY in the event of cancellation, termination
or material chancre of any insurance policy required hereunder.
ARTICLE..__ .1
Assignment of Lease
Except as provided in this paragraph, phis Lease shall not be
assigned in whole or in part, unless and until the CITY approves
such assignment in writing, which approval shall not be
unreasonably withheld. Upon written request by the CITY, the
identity of the holder or holders to any mortgage, deed of trust
or security instrument and all, individuals, corporations, or
parties having a financial interest as secured parties, investors
or shareholders with the LESSEE in this lease, shall be rrovided
to the CITY by LESSEE within thirty (30) days of such request,
LESSEE shall have the right to sublease the Premises for uses and
purposes which are in accord with the provisions of this Lease,
only upon written approval by the CITY, which approval shall not
be unreasonably withheld.
ARTI_C_LE VII
Pl,eci e, of Lease
It is understood that in borrowing funds LESSEE: cannot: place a
mortgage on the Premises or the fixed improvements placed thereon.
However, it is contemplated that LESSEE may be required to borrow
funds for the initial construction of improvements and that from
time to time during the term of this Lease it may be desirable or
convenient for LESSEE to borrow additional funds fore additional
improvements, alterations, repairs or 'for other purposes.
Accordingly, it is agreed that LESSEE shall at all times during the
term of this lease have the right to grant rights of Security in
this Lease and the leasehold rights of LE53EE created by this
Lease, provided, however, that any such rights of security shall
at all times be subject to the right, title and interest of the
CITY as owner of the Premises and fixed improvements Placed thereon
and the right of the CITY to recruire the payment of all rentals due
hereunder and the full and faithful performance of the covenants
and conditions of this Lease. Subject to any such rights of
security, the CITY shall have a ];Len upon all personal property not
daily exposed to sale, owned by LESSEE and used on the Premise to
secure the payment of the rentals as they respectively come dUE'
hereunder.
LC A - 5 LESSON:
LESSEE: ~
In the event at any time during the term of this Lease, LESSEE, or
anyone holding under LESSEE shall be :in default of any of the
covenants or conditions of this lease, then and in such event,
before forfeiture is invoked by the CITY, the holder of any rights
of security granted by LESSEE hereunder may make any and all
payments and do and perform any and all acts and things which may
be necessary or required to prevent a forfeiture of this Lease, and
the party making such payments or performing such acts or things
shall thereby and thereupon be subrogated to all rights of the
LESSEE under this Lease. The CITY agrees, that, if requested in
writing by the holder of any such rights of security, the CITY will
send to the said holder at the address specified in such written
request copies of all written notices or demands which the CITY may
serve upon LESSEE or anyone holding under^ LESSEE under and pursuant
to the terms of this lease or otherwise.
It is understood, however, that' the holder of such rights of
security, shall in no way be liable to the CITY for the payment of
any rent or for the performance of any other covenant or conditions
under this Lease until such time as it shall acquire by conveyance
from the LESSEE, or by the foreclosure or other proceedings
provided by law or by the terms of any written instrument, all the
rights, title and interest of the LESSEE under this lease;
provided, however, that any party who shall acquire said rights,
title and interest of the LESSEE, as above provided, shall
thereupon and thereby become liable for the full Performance and
all payments theretofore and thereafter required to be made by
LESSEE under the covenants and conditions of this Lease, as fully
and completely and to the same extent as the LESSEE itself WOUld
have been if it still had retained its right, title sand interest
hereunder_
ARTICLE VIII
Cancel in anti._. Forfeiture
In the event. LESSEE shall be declared bankrupt according to law,
or if any assignment shall be attempted to be made of this Lease
for the benefit of creditors (other than as herein permitted) or
If LESSEE shall abandon the leased premises or in the event rental
due hereunder remains unpaid for thirty (30) days after notice of
nonpayment given to LESSEE, then in any of said events, the CITY
may declare the Lease to be terminated and may enter into and upon
the land covered by this Lease or any part thereof and repossess
the same (including any and all. imr-)rovements and installed
fixtures) and expel. the LESSEE and those claiming under- it and
remove its effects, Forcibly if necessary, without being deemed
guilty of any manner of trespass and without Pre.]udice to any other -
remedies which might otherwise be. used for Possession or for
arrears of rent.
t_CA - 6 LESSOR
LESSEE:
ARTICLE IX
:In-d mnifi.cati_on
LESSEE shall protect, indemnify and save harmless the CITY from
and against any and all claims, demands, and causes of action of
any nature whatsoever for injury to or death of persons, or Joss
or damage to property, occurring on the Premises or :in any manner
growing out of or connected with the I_,ESSEE'S use and occupation
of the. Premises or the condition of the Premises during the terms
of this Lease.
ARTS CL,�,- X
i�lai.vpr of Defa�_�lt
Any waiver by the CITY of ,any default or breach of this Lease shall
not be construed to be a continuing waiver of such default or
breach nor as a waiver or permission, express or implied, of any
other or subsequent default or breach.
ARTICLE -.XI
I'orce.__MaJeure,
If by reason of strike, lockout, war, rebellion, material or labor
shortage due to a national emergency, fire, flood, hurricane or
other casualty, periods of excessive rain, or by any other matter
not within its control, the CYTY or LESSEE in good -faith and
without fault or rle5JIect on its parts is prevented or delayed in
the construction of any condition except as relates to rental
payments or, the maintenance of insurance which, under the terms of
this Lease, it is required to do so perform within a specified
period of time, the period of time within which such performance
was to have been completed shall be extended by a period of time
equal to that of such delay or, prevention, and the CITY or LESSEE,
as the case may be, shall not be deemed to be in default if it
diligently performs and completes such work or covenant or`
condition in the manner required by the terms of this Lease within
the specified period of time as so extended.
ARTICLE.,_ XI I
General Clauses
A. All references to the parties to this lease and all
covenants, conditions and lease agreements of this Lease shall
apply to and be binding upon the CITY and LESSEE and their
respective heirs, executors, administrators, legal representatives,
successors and assigns (when assignment is made in accord with the
LCA - 7 LESSOR:
provision; hereof) as if they were in each ctisse fully named and
stated. In this Lease both the CITY and L.E=SSEE pare referred to in
the singular and neuter gender. However, such words and all (,-)thf,-r,
terms; and words used in this tease regardless of the number and
gender in which they are used, shall be deemed ,::end const:ri.jed to
include any other number (singular or plural ) and any other gentler,
masculine, feminine or neuter, as the sense of the writing herein
may require, the same as if such words had beenfully and properly
written in the regi.tired number and gender.
B. All notices to the CITY shall be sent by certified or
registered mail addressed to the City Manager, City of Kenai, 210
Fidalgo Avenue, Kenai, Alaska, 99611, or.at such other address as
the CITY may in writing from time to time designate by written
notice to the LESSEE. All notices to LESSEE shall be sent by
certified or registered mail addressed to LESSEE at—
_— or at such other address as LESSEE
may from time to time designate by written notice to the CITY.
C. This l-ease is made under the. applicable .laws of the State
of Alaska and if any term, clause, provision, part or portion of
this Lease shall be adjudged invalid or illegal for any reason the
validity of any other part or portion or this Lease shall not be
affected thereby and invalid or illegal term, clause, provision,
part or portion shall be deleted and ignored as if the same had not
been written.
D. Venue -for any dispute arising out of this, lease shall be
in the trial. courts for the State of Alaska, Third Judicial
District at Kenai.
E. This Lease: may be altered, modified or amended only by
written instruments signed by LESSEE and the CITY and approved by
the City Council of the CITY.
IN WITNESS WHEREOF, the parties hereto have caused this instrument
to be signed and sealed the clay and year first above written.
DATED.: This _day of , 1989.
CITY OF KENAI:
Wm. J. Brighton
City Manager
LESSEE:
l_CA - 8
E..ESSOR :
LESSEE: ��^
STATE OF ALASKA )
) S's .
THIRD JUDICIAL._ DISTRICT )
THIS IS TO CERTIFY that on this - day of
1989, being perConall-y 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 in and for Alaska.
My Commission Expires:
STATE OF ALASKA )
ems.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of
1989, WILLIAM J. BRIGHTON, City Manager of the City of Kenai,
Alaska, beinca personally known to me or having produced
satisfactory evidence of identification, appeared bea;ore me and
acknowledged the voluntary and authorized execution of the
foregoing instrument on behalf of said City.
_ --------- ___--------- _-_-___._
Notary Public in and for Alaska.
My Commission Expires:
Approved as to lease form by City Attorney.
Approved by Finance Director,
Approved by City Manager
Lease Approved by Council on
Janet RLJOtSala, City Clerk
LCA - 9 LESSOR:
LE SSEE : _ .
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INVITATION FOR BIDS
KENAI MUNICIPAL AIRPORT TERMINAL BAR
CITY OF KENAI
(KMC 21.10.120)
In accordance with KMC 21.10.120, sealed bids for the eXCILASiVe
right to lease the Kenai Municipal Airport Terminal Bar will be
received at the City Hall offices. Bid forms can be obtained at
City Hall. All bids must be received no later than 2:00 p.m., on
1989, at which time and place they will be
publicly opened and read.
Bidders shall offer a one-time premium im addition to the
established lease rate of TWO THOUSAND FIVE HUNDRED DOLLARS
($2,500.00) per month. The bidder offering the highest one-time
premium will obtain the right to a five-year lease, subject to
all provisions of review and approval established for all other
lease applications.
Date Wm. J. Brighton
City Manager
INSTRUCTIONS TO BIDDERS
CITY OF KENAI
KENAI MUNICIPAL AIRPORT TERMINAL BAR
BID PROPOSALS:
All bids must be made on the Bid Proposal Forms -furnished by the
City (attached hereto), must be properly executed as Provided
thereon, and be addressed and delivered to the office of the City
Manager, City of Kenai, 210 Fidalgo Street, Kenai, Alaska, 99611,
no later than 2:00 p.m., on 11989. Bids may also be
mailed to the City Manager, City of Kenai, 210 Fidalgo Street,
Kenai, Alaska, 99611, brat must be received at the office.- of the
City Manager, no later than 2:00 r).M., curl 1989, to be
considered.
Each Bid Proposal MUSt bE* Submitted in a sealed envelope which is
clearly marked on the outside with th_e_Bi
.,4!jer'sname and the
following label:
CITY OF KENAI
KENAI MUNICIPAL AIRPORT TERMINAL BAR"
Each Submitted Bid Proposal shall include:__
A. A completed, signed, and notarized Bid Proposal (Pages BP-1
to BP-3).
B. The required Bid Deposit.
No late, telefaxed, or telegraphic bid proposals will be
accepted. When received by the City, all bid proposals become
the property of the City. When bid proposals are opened, all bid
proposals and supporting documents and statements become public
information.
BIQ REYISION WITHDRAW&LL:
A bidder may withdraw or revise a bid proposal after it has been
deposited in the office of the City Manager,, 210 Fidalgo Street,
Kenai, Alaska, 99611, provided the following conditions are met:
A. The Bidder submits a written request for return of his
bid proposal. (The request must be signed by the
bidder, or, a duly authorized agent or officer of the
bidder, and )
IB-1
B. ri)(� city is able to clearly identify the bidder's
sealed , _iled bid envelope by reading the bidder's name on the
outside. No bid envelope will be opened for bidder,
J. (lent, i f ication or any other, reason prior to the time
set for formal. bid opening.
C. '1he withdrawal or revision is completed prior to the
time set for, opening of the bids. Revisions are
s>(Ab,ject to the same reqUirements as all other bids.
No teletaxed or telegraphic_ bid revisions or withdrawals will be
accepted.
REJECT
Bid proposals may be rejected Linder any of the fo.)Iowing
conditions:
A. If they show any alterations, erasures, irregularities
of any kind or additions not called for; if they are
conditional or incomplete; or if they fail to comply
with any of the requisite conditions.
B. If the Bidder is in arrears in any Payments owing to
the City or is in default of any obligation to the
City; or is a defaulter as surety or otherwise Upon any
obligation to the City; or has failed to perform
faith -fully and diligently any Previous contract with
the City.
In addition, the City reserves the rLcAht to reject any or all bid
proposals and waive any defects when in its opinion such
rejection or waiver will be in the best interest of the City.
The right is reserved by the City to re�z,,chedule the bid opening
or re -advertise -for bid proposals if such action is desired by
the City.
IV. DID DEPOSIT:
All bid proposals must be accompanied by cash, a certified check
or cashier's check on a solvent financial institution doing
business within the State of Alaska, payable to the City of
Kenai, in the amount of $2,000.00. The city reserves the right
to cash Such check and hold the Proceeds thereof Pending the
execution of the contract.
I B-2
V- CONTRACT AWARD:
A The lea,<-3e a�lard, if rnade, will.. be made by the City
Manager for the City of Kenai, or, his official
designee.
B. the case of any discrepancy between the words and
figures in the Bid Proposal, the words shall govern.
C. Jhe Contract award, if made, will be based upon the
following:
1. The conformity of the Bidder to all of the terms,
conditions, and prereciuisttes set forth in the bid
dOCLAments.
2. Best interest of the City of Kenai as determined
by the City Council.
3 'T'he total ones -time premium to be paid to the City
for- the right to lease the premises.
VI. EXECUTION OF CONTRACT:
A. [,-,XeCLJti0t-) of Agreement -- Within fifteen (15) calendar
days after the successl-ul bidder has received from the
City the lease agreement for signature, the Bidder must
,,iqn and the City must receive the lease agreement
together with einy additional monies required pursuant
to the guarantee advance and the one-time premium
Stipulated under ltem V11 L-)(-:,10w. Upon eXeCUti0r) Of the
agreement by the City, the successful bidder's bid
deposit, shall be credited against the rent Guarantee
payable by the bidder, under, said agreement for the
first two (2) months of the contract term.
B. Failure to Execute I -ease - Failure to execute and
return the agreement together with the guarantee
advance, so that they are received by the City within
fifteen (15) calendar days after the SLJ(.CeSSfLJ1 bidder
has received the agreement for, execution shall be just
cause for the annUlment of the award and for forfeit_Uc.
of the bid deposit to the City. If they SLAC0eS.SfLJl
bidder refuses or fails to execute and return the
aqreernerii , together, with the required <njarantee advance
the City may award the agreement to another, resPon�iive
ClUalified bidder. If any sLj(-h bidder to whom the
agreement is so awarded refuses or fails to exect'Ite �:ind
return the same in the time specified, FAJOh 'Didder's
bid deposit shall. likewise be forfeited to the City.
'(B-3
VII. GUARANTEE ADVANCE:
The SUCCeSSfUl bidder MUSt submit the one-time Premium and
advance guarantee payment to the City when returning the executed
copies of the contract a�, re.ClUired Under Item VI above if the bid
deposit renuired is not sufficient. -,aid advance guarantee
payment shall be the -first two (2) months' rent guarantee offered
by the successful bidder, less the remains of the bidder's
$2,000.00 Bid Deposit. Said advance guarantee Must he MF1d(-! by a
certified check or cashier's check on H_ solvent financial
institution doing business within the. State of Alaska, payable to
the City of Kenai (i.e., one-time Premium + two months' rent of
$5,000 - $2,000 = amount to be remitted).
VIII. RETURN QFBID _ DEPOSITS:
Bid deposits Submitted by unSLJC('eSSful bidder-,,, will be returned
to them as soon as possible AFFER-the agreement has been signed
by the SLA_-CeSS1-Ul bidder and the City, or if all bids are
rejected, all. bid deposits will be returned.
Ix. BID-S:
In the event of a tie bid by qualified bidders, the tie will be
broken by awarding the agreement to the bidder who would be in
the best interest for the City of Kenai.
X. PRE -BID CONFERENCE:
A Pre -bid conference for all potential bidders will be held at
City Hall, 210 Fidalgo Street, Kenai, Alaska, 99611, on
1989, beginning at 10:00 a.m. 'rhe conference will be
conducted by the Airport Manager and will include a general
information briefing,, a question and answer session, and an
inspection tour of the subject property.
XI. GENERAL CONTRACT INFORMATION:
The City may require of any bidders signed surety guarantees from
all principals, agents, directors, stockholders, arid/or of-ficers
of the SUCCeSSfUl bidding entity.
XII. OTHER REQUIREMENTS:
Bidders are responsible for carefully examining all documents
relating to this agreement and should judge for themselves all
the circumstances and conditions affect-ing their bid proposal,.
Failure on the part (31- any bidder to make- such examination and to
.1 B-4
investigate thoroughly shall not be grounds for any claim that
the bidder did not understand the conditions of the bid proposal.
All bidder, should also thoroUghly -familiarize themselves with
the Subject: property condi t'l ons.
XIII. GENERAL CONTRACT INFORMATION:
A. the City of Kenai is of•ferino an opportunity to do
business on City lands and does not in any way
�IUarantee a profit.
B. The effective date of the contract shall be ten (10)
days after execution of the lease.
C. )*he City may require of any bidders signed surety
guarantees from all principals, agents, directors,
5tockho.l.ders, and/or officers of the successful bidding
entity.
1). Improvements, facilities, fixtures, equipment and
things on, in or appurtenant to the leased premises are
.leased "as is", "where is" and without any warranties
implied or, otherwise, or representations whatsoever,
includir7c4 warranties of fitness for a particular
purpose or warranties of merchantability. It shall be
expressly understood that the maintenance repair and/or
replacement, if needed, of facilities, fixtures,
equiprnent and things on, in or appurtenant to the
],eased premises are the sole responsibility of the
kidder.
TB-5
61I.-D.....r"RIOI-P,.O$�A.[.,.-.
CITY OF KENAI
KENAI MONICIPAL AIRPORT TERMINAL BAR
Date:
City of Kenai
210 Fidalgo Street
Kenai, Alaska 99611
Gentlemen:
The undersigned (person, Partnership, joint venture,
corporation), hereinafter called the Bidder, hereby offers to
enter into a Lease Agreement covering certain rights and
privileges on lands within the City of Kenai. In connection with
this offer and in addition to all terms of the Proposed lease,
the bidder offers to pay the following one-time premium of.
(Print Amount)
( $,
This offer is made SUbJect to the terms and conditions of the
Invitation -for Bids dated and the
Instructions to Bidders and Specimen Lease Agreement issued by
the City as part of the offering for the subject Property.
Attached hereto and made a part of this offer are the following:
1. A bid deposit in the amount of $2,000.00 in the
following form:
Cash, certified or, cashier's check on a solvent
financial institution doing business within the State
of Alaska, payable to the City of Kenai. The Bidder
hereby acknowledges the City's right to cash such check
immediately following bid opening arid to hold the
proceeds thereof until the award process is completed.
2. Within fifteen (15) calendar- days after- receipt of
notice and acceptance of offer, by the City of Kenai, the Bidder
Will. execute and deliver the Lease agreement, together with the
required Guarantee Advance and one-time premium and any required
bonds and insurance certificates to: City Manager, City of
Kenai, 210 Fidalgo Street, Kenai, Alaska, 99611, Said Guarantee
BP_1.
Advance will be the first two (2) months' rent guarcantee off >red
by the successful bidder, less the remains of the hidder'p.
$2, 000. 130 bid deposit and will be in the form of cash, certified
check, or cashier's check on a solvent financial institution
doing bi.asiness in the State of Alaska (i. e. , one-tim(-- premium +-
two months.' rent of $5, 000 - $2, 000 = amount to be rerni-tt:ed) .
It is understood and agreed by the Bidder that failure to execute
and return the lease agreement, together with all regUired items,
in the time specified, shall constitute a breach of this offer on
the part: of the Bidder; and that upon such breach the de -posit
hereinabove referred to shall be forfeited to the City of Kenai.
'rime is of the essence in the execution and performance of the
obligations under this Lease agreement.
This offer may be accepted or rejected by the City of Kenai by
written notice to the Bidder at the address stated on Page BP-2.
Sincerely,
Name of Bidding Corporation,
Company, or Person
Signature
By
Individual Surety
Individual Surety
CORPORATE ACKNOWLEDGMENT:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRIC-r )
(CORPORATE SEAL)
THIS IS TO CERTIFY that on this day of
before me, the undersigned, a Notary
Public in and for the. `State of Alaska, duly commissioned and
sworn, personally appeared known
to me and to me know to be the
of - ._.� ...._...__...__..__........ ....._ _-. _ t the corporation which
executed the forecioincj instrument, and he acknowledged to me that
Ile executed the same for and on behalf of said corporation, and
BF'-2
that he is fully authorized by said corporation so to do; and
that the corporate seal affixed to said instrument is the
corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto yet my hand and affixed
my official seal the day and year above written.
------ ------------------ -'-
NptorY Public in and for Alaska.
My Commission Expires:
jhQjyIDUAL ACKNOWLEDGEMENT:
'
STATE OF ALASKA )
) ay'
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of
, 198...... , before me, the und*rsinned, e Notary
Public in and for the State of Alaska, duly commissioned and
sworn, personally appeared known
to me and to me know to be the person(s) named herein and who
executed the foregoing instrument, and (he, she, they)
acknowledged to me that (he, she, they) aimned the same as
her, their) free and voluntary act and deed with full knowledge
of its contents, for the uS*e and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hend arid affixed
my official seal the day and year above written'
Notary Public in and for Alaska'
Mr Commission Expires:
BP-1i
CITY oF= KE:NA T
KENAI MUNIC:IPAI. A.TRPORT TE:RMTNAI._ BAR
LEASE AGREEMENT
THIS LEASE, made and entered into this __ day of
19_-__, by and between the City of Kenai, hereinafter referred to
as CITY, a body corporate under, the laws of the State of Alaska,
with offices at 21.0 F"ida.lgo Street, Kenai, Alaska, and
hereinafter referred to as the LESSEE".
WT. TNF.SSF`1-H :
That for, and in consideration of the rent to be paid by LESSEE. for
the operation of the facility and surrender of the same in good
condition to the CITY at the termination of this lease and other
consideration given by the t_E$ SFE herein, the CITY hereby leases
to the LESSEE, and LESSEE takes and leases in an "as is" condition
from the CITY, Premises described and shown on the attachment
labeled Exhibit "A" and made a part hereof, including all equipment
and fixtures existing thereon, at the time of execution of this
lease, which equipment and fixtures are more fully shown on the
attached Exhibit "B" and rn�ade a part hereof.
Said leased area shall hereinafter be ret erred to Hs the
Premises."
TO HAVE AND TO HOLD the same Premises canto LESSEE, subject: to the
conditions and covenants herein contained, for the term hereinafter
specif ied.
The parties herE:to further covenant and agree as follows:
ARTICLE -__I
Term of f_ease
The initial term of this lease -shall be five (5) seam:., commencing
ten (10) days after execution of this lease, and terminating at
midnight on the . Upon termination of this
Lease, improvements including, but: not limited to, those listed and
described under- the attached Exhibits A & B, shell revert to they
CITY and further upon the termination of this Lease, r,111 e>(Ju:irjri+ent
and fixtures on the ),(--ased Premises under f�-rovisions hereol, and all
fixtures appurtenant to such buildings, :i.ncludin<i but not .limited
to those constructed by I_E` -SEE, shall be and become the trope*rty
of the CITY. This lease may be extended during its term by mutual
LCA -- I LESSOR:
LESSEE: --
consent of the parties for another five (5) Year term at a new
rental rate as set by, and in the sole discretion of, the City
Counc j. 1.
Rental Amount
LESSEE shall pay to the City as rent for the use of the Premises
the following:
$2,500.00 per month. In addition, LESSEE agrees to pay sales
tax on the monthly rental as determined by Borough and City
.
'e
ordinances. Late Payments shall be SUbJect to Penalty and interest
as provided by City Code.
The premises and trade fixtures and equipment under this Lease are
owned by the CITY. LESSEE shall be subJect to taxation upon all
Personal Property owned by CITY and used on or in connection with
the leased Premises. LESSEE covenants to Pay any taxes as may be
lawfully assessed against any rea). or Personal Property upon the
Premises, including, but not limited to, taxes assessed for
fixtures and the leasehold interest.
LESSEE shall Provide for, the operation and maintenance of the
leased premises as a bar.
Public Use and Non-di,<��,. nindt on
A. the LESSEF a�jrees. that the -facilities and the other
improvements provided for herein shiall be equally available to all
members of the Public without discrimination. Any discrimination
by the LESSEE in the use of any faoility hereinabove described on
grounds of race, sex, reliqi.on or national origin shall be deemed
to be a material breach of this Lease and grot,inds for, cancellation
of the Lease.
B. The LESSEE agrees that he will not discriminate against
any employee or applicant for employment, to be emt-lloyed in the
Performance of this Lease with respect to his hire, tenure, terms,
conditions or privileges or employment or any matter, directly or
indirectly related to employment because of acre, except Awhen based
on a bona fide occupational qualification, or because of race, sex,
religion or national origin. LESSEE Understands, that any such
discrimination shall, be deemed to be a material. breach of this
Lease.
L CA - 2 LESSOR -.
: - . ....... .... -
ARTICLE —III..
Possession and Maintenance
LESSEE shall. have sole nossession of, and responsibility for,
maintenance of the Premises, includin(-4, but not limited to, all
improvements constructed thereon and f i XtUres and equipment
existing on the Property at the commencement of the lease and
thereafter installed by either I.-F. SSEE or CITY. The crry shall have
the right to inspect the r"re-mises and to impose reasonable
regulations to insure groper care. maintenance, and Upkeep of the
Premises. The degree of maintenances shall be in keepins.) with
similar prpm!ses. The CITY, thrOM.1h ItS City M-rinager, or his
designee, shall have the right to require that the Premises and
improvements thereon Meet general stpndards of other like
facilities.
The ciTY may advise the- t.ES',SFF in writinci of any deficiency in
maintenance of the Fh,� deficiency shall be corrected
within thirty (30) (lays, or, within an appropriate Period as may be
otherwise agreed.
Improvements, facilities, fiXtUres, equipment and th.-incis on, in or
appurtenant to the leased Premises are leased "as is" and without
any warranties or representations whatsoever, inclUdinq warranties
of fitness for, is Particular Purpose or, warranties of
merchantability.
A RT 1-CLE - _IV
Operation
A. In its operation on the ),eased Premises, LESSEE shall
observe all applicable Federal, State and Municipal Laws and
health, safety, and well--heing of the Public.
B. LESSEE shall at its expense, meet the requirements of
local and state health departments covering the handling and
dispensing of food and beverages, if applicable. Adequate toilet
facilities in accordance with state and local re9LJIations shall be
provided and maintained at locations on the Premises. Refuse and
waste materials shall be handled as required by applicable state
and local laws, ordinances and regulations.
C. LESSOR agrees to Pay Fill Public Utility bills for
electricity, gawater, and all other utilities used or consumed,
on the Premises and to Procure at it5 expense all meters and
permits necessary f-or making connections and continuing i-Itility
services.
1) . LESSEE agrees, <Ajbject to Article XT1 of this lease, to
continuously operate the facility durin<j the Period of the lease.
LCA LESSOR -
LESSEE -
For purposes of this lease, "continuous operation" means that the
facility is open for business on a daily basis (Sundays and
holidays excepted at LESSEE's option) and for such hours as would
be reasonable -for similar facilities existing on the Kenai
Peninsula. Hours Of operation shall be attached to Public exterior
doors. Notwithstanding bar
anything to the contrary above, the ),-r
shall be closed from 2:00 a.m. to 8 -a.m.
A.RT1Q_LE..__.V
Insurance
During the term of this Lease, LESSEE shall procure and keep in
force, or shall where appropriate, requ,re LESSEE'S contractors
and subcontractors to Procure and keep- in force, the following
insurance -
A. Workmen's Compensation Insurance, sufficient to meet State
of Alaska statutory requirements,, including $100,000.00
employer's liability coverage, Protecting all employees. of LESSEE
and employees of its contractors or subcontractors during the term
of this Lease.
B. Comprehensive General Liability Insurance, including
limits as to bodily injury liability Of $500,000.00 for each
OCCLArrence and $500,000.00 in aggregate and, as to property
damages, liability of $500,000.00 for- each occurrence and
$500,000.00 in aggregate. Insurance Policies reqUired by this
Paragraph shall name LESSEE as Insured and the CITY as an
additional :insured. Such insurance shall be made effective prior
to the beginning of operation of theprfam .yes.
C. Fire, Vandalism, MaliCjOLAS Misctiief, and extended coverage
insurance covering all improvements by LESSEE during the term of
this lease in an amount equal to at lea,-;t eigi-Ity (80%) Percent Of
the full insurable re p I ace ment value Of such building above
foundations. Such inSUrance policies shH11 be issued in the joint
names of the CITY and LFSSEF and shall be payable to the CITY and
LESSEE, as their respective interests may appear.
Duplicate originals Or, certificates of all in-surance Policies
required hereunder shall he delivered to the CITY Prior to
occupation of the Premises by LESSEE. ['he entire amount collected
for losses under any fire and extended coverage policies shall he
held under joint control of the CITY anti I.. -ES SEE and shall be made
available to repair, restore, or rebLlild the damaged improvements,
Any excess part of the insurance fund r,t>maining after the cost Of
repairs, rebuilding or restoration is Paid, shall be paid to the
LESSEE. In the event the insurance fun(:1 is insufficient to cove-r-
the cost of repairs, tEa[:Mildjn« or restoration, the excess cost
sha L 1 be borne by (.ESSE-E.
LCA - 4 LESSOR:
LESSEE:
(, Reassessment of insurance needs may be made by CITY at
any time to determine whether or not, in the City's Sole
determination, the coverage shall be changed.
E. E_.ESSEE agrees that thirty days not_ic:e, in writing
shall be given the CITY in the event of cancellation, termination
or material change of any insurance policy required hereunder.
ARTICLE. -MI
a nm ant of i-ease
Except as provided in this paragraph, this Lease shall not be
assigned in whole or in part, unless and until the CITY approves
such assignment in writing, which approval shall_ not be
unreasonably withheld. Upon written request by the CITY, the
identity of the holder or holders to any mortgage, deed of trust
or security instrument and al)., individuals, corporations, or
parties having a financial interest as secured parties, invef.>tors
or shareholders with the LESSEE in thi Fe lease, ,,,hall be Provided
to the CITY by LESSEE within thirty (,30) days of such request,
LESSEE shall have the right to sublease the Premises for uses and
purposes which are in accord with the provisions of this Lease,
only upon written approval by the C:I'EY, which approval shall not
be unreasonably withheld.
ARTICLE� VI I
('l,_ecic - of Lease
It is understood that in borrowing funds LESSEE-- cannot; place a
mortgages on the Premises or, the fixed improvements placed thereon.
However, it is c:onternpl atead that t_.E= SSE.E may be required to borrow
funds for the initial construction of improvements and that 4rom
time to time durinra the term of this Lease it may be desirables or
convenient for LESSEE to borrow additional funds for, additional
improvements, alterations, repairs or for other purposes.
Accordingly, it is agreed that LESSEE shall at all times during the
term of this .lease have the right to grant rights of security :in
this Lease and the leasehold rights of LESSEE created by this
Lease, provided, however, that any such rights of SeCurit.y shall
at all times be subject to the right, title and interest of the
CITY as owner of the Premises and faxed :irnprovernents placed thereon
and the right of the CIrY to require the Payment of all rentals due
hereunder and the ful.] and faithful performance of the covenants
and conditions of this Lease. �3ub,ject to any such rights of
security, the CITY shall have H lien LAPon all personal property not
daily exposed to sale, owned by LE SSF=E^ and used on the Premise to
Secure the payment of the rentals, as they respectively Come dues
hereunder.
I.- CA - `i LESSOR -
LESSEE:
In the event at any time during the term of this Lease, LESSEE, or
anyone holding under LESSEE shall be in default of any of the
covenantr, or conditions of this lease, then and in Such event,
before forfeiture is invoked by the CITY, the holder of any rights
of -security granted by LESSEE hereunder may make any and all
payments and do and perform any and all acts and things which may
be necessary or required to prevent a forfeiture of this Lease, and
the party making such payments or performing such acts or things
shall thereby and thereupon be subrogated to all rights of the
LESSEE Under this Lease. The CITY agrees, that, if requested in
writing by the holder of any such rights of security, the CITY will
send to the said holder at the address specified in such written
request copies of all written notices or demands which the CITY may
serve upon LESSEE or anyone holding under-; LESSEE under and Pursuant
to the terms of this lease or otherwise.
It is understood, however, that the holder of such rights of
security, shall in no way be liable to the CITY for the Payment of
any rent or -for the performance of any other covenant or conditions
under this Lease until such time as it shall acquire by conveyance
from the LESSEE, or f.-)y the -foreclosure or other proceedings
provided by law or by the terms of any written instrument, all the
rights, title and interest of the LESSEE under this lease;
provided, however, that any party who shall acquire said rights,
title and interest of the LESSEE, as above provided, ,, h al I
thereupon and thereby become liable for the full Performance and
all Payments theretofore and thereafter required to be made by
LESSEE under, the covenants and conditions of this Lease, as fully
and completely and to the same extent as the LESSEE itself WOLAld
have been if it still had retained it!i right, title and interest
hereunder.
ART I_C.LE_V_IJJ.
Cancellation and Forfeiture
In the event LESSEE shall be declared bankrupt according to law,
or if any assignment shall be attempted to be made of this Lease
for the benefit of creditors (other than as herein Permitted) or
if LESSEE shall abandon the leased premises or in the event rental
due hereunder remains Unpaid for thirty (M) days after notice of
nonpayment given to LESSEE, then in any of said events, the CITY
may declare the Lease to be terminated and may enter into and upon
the land covered by this Lease or any Part thereof and repossess
the same (including any and all imr)rovements and installed
fixtures) and expel the LESSEE and tho..-,e claiming under it and
remove its effects, forcibly if necessary, with(,)LJt being deemed
guilty of any manner of trespass and without Prejudice to any other,
remedies which might otherwise be USE'd for possession or -ror
arrears of rent.
I -CA - 6 LESSOR:
LESSEE.
ART,I CAE._.-I,X
LESSEE shall_ protect,
indemnify
and save harmless the
crry from
and against any and all
claims, demands, and causes of
action of
any nature whatsoever
for injury
to or, death of persons,
or _loss
or damage to property,
occurring
on the Premises or :in
any manner
growing out of or, connected with
the l...ESSEE'S use and
occupation
of the Premises or the
condition
of the Premises during
the terms
of this Lease.
ARTICLE,._ X
Any waiver by the CITY of any default or breach of this Lease shall
not be construed to be a cont:inuinci waiver of such defiau.lt or
breach nor as a waiver, or permission, express or implied, of any
other or subsequent default or breach.
ART.ZCt._E_ XI.
t=orce... Ma eurP
If by reason of strike, lockout, war, rebellion, material or labor
shortage due to a national emergency, fire, flood, hurricane or
other casualty, periods of excessive rain, or by iany other matter
not within its control, the CrTY or t.._ESSEE in good -Faith and
without fault or neglect on its parts is prevented or delayed i_r)
the construction of any cand'i.t,i,on except as relates to rental
payments or, the maintenance of i.nsur,ance which, under the terms of
this Lease, it is required to do so perform within a specified
period of time, the period of time within which such performance
was to have been completed shall be extended by a period of time
equal to that of such delay or, prevention, and the CITY or [_ESSEE,
as the case may be, shall not be deemed to be in default if :it
diligently performs and completes such work or covenant or,
condition in the manner required by the terms of this Lease within
the specified period of time as so extended.
A_RTICLE___XII
General.._.Malase5
A. All references to the Parties to this lease and all
covenants, conditions and lease agreements of this Lease shall
apply to and be binding LAnon the CITY and LESSEE and their
respective heirs, executors, administrators, legal representatives,
successors and assigns (when assignment is made in F-sccord with the
LCA - 7 LESSOR:
LESSEE:
provisions hereof) as if they were in each case fully named and
stated. In this [-ease both the CITY and LESSEE are referred to in
the singular, and neuter gender. However, such words and all other
terms and words used in this Lease regardless of the number and
gender in which they are used, shall be deemed and construed to
inclUde any other number (singular or Mural) and any other gender,
masculine, feminine or neuter, as the sense of the writing herein
may require, the same as if such words had been fUl).y and properly
written in the required number and gender.
B. All notices to the CITY -,hall be sent by certified or
registered mail addressed to the City Manager, City of Kenai, 210
Fidalgo Avenue, Kenai, Alaska, 99611, or at such other address as
the CITY may in writing from time to time designate by written
notice to the LESSEE. All notices to'LESSEE shall be sent by
certified or registered mail addressed to LESSEE at
or at such other -address as LESSEE
may from time to time designate by written notice to the CITY.
C . This I ease is made under the applicable laws of the State
of Alaska and if any term, clause, provision, part or portion of
this Lease shall be adjudged invalid or illegal for any reason the
validity of any other part or portion of this Lease shall not be
affected thereby and invalid or illecial term, clause, provision,
part or portion shall be deleted and ignored as if the same had not
been written.
D.
Venue -for any dispute
arising out of this
lease shall be
in the
trial. courts for
the State of Alaska,
Third Judicial
District
at Kenai.
F.
This Lease may be
altered, modified or
amended only by
written
instruments signed
by LESSEE and the CITY
and approved by
the City
Council of the CITY.
IN WITNESS WHEREOF, the par -ties hereto have caused this instrument
to be signed and sealed the day and year first above written.
DATED: This —_ day of 1989•
CITY OF KENAI: LESSEE:
Wm. J. Brighton
City Manager .... . ... ... .
LCA - 8 LESSOR:
LESSEE:
STATE OF AL4SKA �
) Ss.
THIRD JUDICIAL DISTRICT )
THIs IS TO CERTIFY that on this _daY Of
1989, being peroonelly known to me or
having produced satisfactory evidence of identification, HnPeared
before me end acknowledged the voluntarY and authorized execution
of the forenoino instrument'
���������--l-1-
Notary Public in and for Alaska.
Mr Commisa'on Expires:
STA7E OF ALASNA )
) sa.
THIRD JUDICIAL DISTRICT )
THIs IS TO CERTIFY that on thi-s der 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 exeoution of the
foregoing instrument on behalf of said City'
Notary Pubilc in and for Alaska.
MY Commission Expires:
Approved as to lease form by City Attorney'
Approved by Finance Director.
Approvedby City Manager
Lease Approved by Council on
Janet Ruotsala, Ruotsale, City Clerk
LCA - 9 LESSOR.
LESSEE: _____
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THEODORE E. FLEISCHER
FRANCIS E. SMITH. JR.
HEROCRT SERKOWIT2
MICHACL G. $RIGGS
DAVID H, OUNDY
PHILLIP J. EIOE
GARY A. ZIPKIN
LOUIS R. VEERMAN
RICHARD M. ROSSTON
JAMES D. LINKWILER
JAMES D. DCWITT
JOSEPH J. PERKINS. JR.
PATRICK J. COUGHLIN
MARK E. WI LKERSON
JO HN M. MILLER
GEORGE LYLE
MAUL H. ASHTON
JOAN E. ROHLF
MICHAEL S. MCLAUGHLIN
JAMES H. CANNON
ERIC P. GI LLETT
JO A. KUCHLE
JOHN J. HILL, JR,
COLLEEN J. MOORE
WILLIAM K. RENNO
DOUGLAS PARKINSON
VANESSA H. KARNS
LAW OFFICES OF
GUESS & RUDD
A PROFESSIONAL CORPORATION
510 L STREET
SEVENTH FLOOR
ANCHORAGE, ALASKA 99501
TELEPHONE (9071 276-5121
TELEX (090) 25-292
TELECOPIER (907) 279-8354
June 20, 1989
To Creditors of D & A Supermarkets
RE: Our File 4531.1
Dear Creditor:
As previously advised, we have been
tional $100,000 for eventual distribution to
markets creditors. The Bankruptcy Court has
tribution, and all objections to disbursement
Tom Yerbich, the debtor's attorney, recently
of the amount due to each creditor.
SUITE 500
POST OFFICE BOX 2750
FAIRBANKS, ALASKA 99707
TELEPHONE (9071 452-e986
TELECOPIER (907) 452-7015
W. EUGENE GUESS .932-1976
JOSEPH RUDD 1993-1970
holding an addi-
the D & A Super -
approved that dis-
were resolved.
gave me a listing
Based on Yerbich's calculations, checks have been pre-
pared for each creditor, and the check for you is enclosed with
this letter. This is the final distribution you will receive
from the D & A Supermarkets, Inc. bankruptcy estate.
If there are any questions regarding the calculation
of your payment, please address those to D & A Supermarkets or
to Tom Yerbich, as our office was responsible only for holding
the money and distributing it in accordance with court orders
and D & A's calculations.
were
Thank you for your patience while the final details
worked out.
/EK
9474a
Enclosure as noted
�E S i R UDD • TRUST ACCOUNT �CONTROL NO.0 3 0 1 @D 19
itlry�w`xuu,aa apoplUlyT �i•,i. ,�_J.l�__{t�t�i[.3 �MF2..:i'471iio��"•r•1,illll�'1�i11.n'�®U��Sf71'`, y:�'^�
.'teAilPpIa�NMM,tl Ifl'il } ,
8 4531.1 6/14/89 27.36 27.36 .00 27.36
27.36 27.36
- AWI06/15/891 ONETMEES UDD
TRUST ACCOUNT
510 L ST. SUITE 700
ANCHORAGE, ALASKA 99501 (907) 276-5121
•••••••1�Q••rRObf9100� "`••
ANCHORAOE ALASKA "XW
TWENTY SEVEN AND 36/100 DOLLARS
'AY
"O THE CITY OF KENAI
RDER OF
.00
27.36
CHECK NO. O 8 O 19
345
98 71254
CITY OF KENAI -�
210 FIDALCO ST.
KENAI, ALASKA 99611
(907) 283-7538
RECfAYED OF: Onr
ITE ESCRIPT ON
AMT. PAID
ASSESSMENTS
FEES & PERMITS
LICENSES
I
i
RENTS & LEASES
OTHER
CODING AREA BELOW FOR FI
i
ENT USE ONLY
FUND
REVENUE
DEPARTMENT OBJECT
AMOUNT
i
K 36525
SIGNATURE .: /f I( "-tj: z nu.rLc
DEAN S PENINSULA PRINTING KENAI. ALASKA 331815 3
1791
CITY OF
Capdai 4 414M4a
210 FIDAL.GO KENAI, AL,ASKA l9011
TELEPHONE 283 - 7S38
FAX 907-283.3014
MEMORANDUM
TO: Pat Porter, Director, Senior Citizens Center
City of Kenai
FROM. 'mothy J. Rogers, City Attorney
ity of Kenai
DATE: June 27, 1989
RE: Senior Citizens Center Rental Agreement
Attached please find the Senior Citizens Center Rental Agreement
as amended pursuant to the direction of the Council at their
June 21, 1989 Council Meeting. Also attached is a copy of the
transcript of that meeting which delineates the amendments made.
E
� 7
TJR/clf
Attachments
CITY OF KENAI
SENIOR CITIZENS CENTER
RENTAL AGREEMENT
A. PARTIES:
This Agreement, made and entered into this day of
11 198 , between the City of Kenai Senior
Citizens Center, hereinafter referred to as LESSOR, and
hereinafter referred
to as LESSEE.
� iy _XMIH
The LESSEE agrees to quit and surrender the demised premises to
the LESSOR at the end of the term, in the same condition as date
of commencement of this rental agreement, ordinary use and wear
thereof excepted.
C. PURPOSE:
The aforementioned space to be used solely for the purpose, and no
other, of:
D. USE DATES:
1. Under this Agreement, use of the rented space shall
commence at o'clock, M. on
for the purpose of said event, and shall end at
o'clock M. on Vacation of the
premises must be completed by o'clock .M. on
2. Time is of the essence in this Agreement. The time
herein granted shall not be extended for any purpose without the
express written permission of the City of Kenai Senior Citizens
-Center Director (hereinafter Director). If such permission is
granted, all additional time shall be paid for by the LESSEE,
according to the schedule of fees fixed by the Director.
i r..
E. LBASE TERMS:
1. LESSEE agrees to pay LESSOR for the use of rented space
the amount of DOLLARS
($ ) for the time period stated above. Said payment
is due at the time of the signing of this Agreement.
1 - SENIOR CITIZENS' CENTER RENTAL AGREEMENT LESSEE:
LESSOR:
2. LESSEE agrees to deposit, at the time of the signing of
this Agreement, the amount of DOLLARS
($ ) as a deposit to cover rental, incidental expenses
and damages.
3. It is agreed that if the LESSEE fails to hold the event
specified herein above, at the agreed time, no rental or deposit
refund shall be made.
4. LESSEE shall not have access to or use of kitchen
facilities on the premises unless specifically agreed to in the
lease and LESSEE pays the additional fee as stet by the Director.
Should LESSEE contract with the LESSOR for use of the kitchen
facilities, such use shall be specified and set forth in the
Special Conditions section of this lease.
5. LESSEE agrees to limit and control smoking by guests,
employees, invitees, and any other person allowed to use 'the
premises by the LESSEE to the designated smoking areas as set out
by the LESSOR pursuant to A.S. 18.35.300-355.
6. LESSEE shall not cause or allow any person on the demised
premises to sell or solicit for sale any item.
7. LESSEE may not have access to use of the piano on said
premises unless specifically agreed to in the lease and LESSEE pays
the additional fee as set by the Director. Should LESSEE contract
with the LESSOR for use of the piano, such use shall be specified
and set forth in the Special Conditions section of this lease. Use
of the organ is absolutely prohibited.
F. CLEANUP:
The LESSEE agrees to return the premises in as clean and orderly
condition as received at the start of said lease. Furniture shall
be returned to the position it was in at the start of said lease.
Should the premises not be returned in such a manner as outlined
above, the LESSOR shall deduct cost of cleanup from the deposit.
'. Should the cost of cleanup exceed the deposit amount, the LESSEE
shall pay the additional cost to the LESSOR upon demand.
G • FICA
T
-.-LESSEE agrees to indemnify and defend and save harmless, the LESSOR
�. against any and all claims for personal injury or property damage
resulting directly or indirectly from any act, incident, or
2 - SENIOR CITIZENS' CENTER RENTAL AGREEMENT LESSEE:
LESSOR:
r.
rye:•;.-
accident, occurring as a result of the acts, errors or omissions,
of the LESSEE or its agents, guests, invitees, or employees,
arising in connection with the operations, use, or occupancy of the
premises by LESSEE.
H. QWML =NO AND CONDITIONS OF USE AND OPERATION:
1. LESSEE may not assign or sublet this lease.
2. LESSEE agrees that at all times he will conduct his
activities with full regard to public safety, and will observe and
abide by all applicable regulations and requests by duly authorized
agencies responsible for public safety.
3. LESSE8 will comply with all laws of the United States
and State of Alaska; all municipal ordinances; and all lawful
orders of the police and fire departments, or other municipal
authorities; and will obtain, and pay for all necessary permits
and licenses and will not do, nor allow to be done, anything on
said premises during the term of this lease in violation of any
such laws, ordinances, rules or orders.
4. LESSEE shall not admit to said premises a larger number
of persons than can safely and freely move about in said premises;
and the decision of LESSOR in this respect shall be final. It is
further understood and agreed that LESSEE will permit no chairs or
seats to remain in the passageways or fire exits in said premises
and will keep all passageways and fire exists clear at all times;
and that the sidewalks, grounds, entries, passages, vestibules,
halls, abutting streets, and all ways of access to public utilities
of said premises, shall not be obstructed by LESSEE or used for any
purpose other than for ingress to and egress from demised premises.
5. LESSEE shall not injure, nor in any manner deface said
building or premises; and shall not permit anything to be done
whereby said building or premises shall be in any manner injured
or marred, or defaced, nor shall LESSEE drive, nor permit to be
driven, any nails, hooks, tacks, or screws, in any part of the
building, nor shall LESSEE make, or allow to be made, any
alteration of any kind therein. That if said premises, or any
portion of said building or grounds, during the term of this lease,
shall be damaged by the act, default, or negligence of LESSEE or
by LESSEE'S agents, employees, guests, invitees, or any person, or
persons admitted to said premises by said LESSEE, the LESSEE will
pay LESSOR upon demand such sum as shall be necessary to restore
said premiseis to their original condition.
3 - SENIOR CITIZENS' CENTER RENTAL AGREEMENT LESSEE:
LESSOR:
6. LESSOR does not relinquish and does hereby retain the
right to enforce all necessary laws rules, and regulations, for
the management and operations of said premises. LESSOR retains
the right to enter the demised premises at any time and on any
occasion, without any restrictions whatsoever.
7. LESSOR reserves the right to eject, or cause to be
ejected, from the premises any disorderly person; and neither
LESSOR nor any of its officers, agents, or employees, shall be
liable to LESSEE for any damages that may be sustained by and
through the exercise of such right.
8. LESSEE will not allow beer, wine, liquor, or alcoholic
beverages of any kind to be sold upon said premises without the
express written consent of LESSOR.
Should the City agree to allow the sale of alcoholic beverages on
the premises, a vendor licensed by the Alaska Alcoholic Beverage
Control Board must dispense any and all alcohol beverages on the
premises. The vendor must have, during LESSEE's occupancy of said
premises, a policy of public liability and property damage
insurance resulting from in any manner the use of alcoholic
beverages on the premises. Said policy must be from a reliable
insurance company authorized to transact business in the State of
Alaska and subject to suit in Alaska.
$ for injuries, including death,
sustained by one person.
$ for injuries, including death,
to two or more persons.
$ for property damage.
LESSEE agrees to furnish and place on file with LESSOR, a copy of
said policy or a certificate that a policy of insurance has been
=s issued, at the time of execution of this Agreement. The policy is
:subject to approval by LESSOR.
The premises are to be used fo non-commercial 9 . purposes
only. LESSEE shall not allow the premises to be used for
' Commercial purposes in any manner. The Kenai City Manager shall
be the sole authority for determining which purposes are
tit ..,.-:. commercial.
4 - SENIOR CITIZENS' CENTER RENTAL AGREEMENT LESSEE:
LESSOR:
10. Special Conditions:
LESSEE agrees to accept all terms and conditions of this Agreement.
Any decision affecting any matter not herein expressly provided
shall rest solely within the discretion of the City of Kenai Senior
Citizen Center Director.
IN WITNESS WHEREOF, WE the said parties herein set our
signatures this day of , 198
LESSOR:
By: Wm. J. Brighton
City Manager
LESSEE:
(Signature)
(Print name of LESSEE)
5 - SENIOR CITIZENS' CENTER RENTAL AGREEMENT LESSEE:
LESSOR:
aeii•«a.+a _ _.. ..{ :, "e S .Y , {.r�k�t'r46Y.14 ,o • 7 »� �.s, _ j
cance-M, 7
.1, b-ter'-.rejfistmtio& —6"
'N!� QlIaOdO - , A.- v by
I P'Q L hoc avail -in �t for , p t ! Sou e a ift bW !�' "
pw%4#iom- put -bj►'.gl L-Iditch
#brs tucenber ;:;�;t Ky.) tahacrd tiwwe pmogw�sa. , ,-s+y t..
ses in the House and Senate !i •••,• ....,• .. »•._..,•• ......- GdS dte NO o" of . it�l�Ib Fe
bed b" HR t219�0 and S 874. :. -The
�st�� y_ � t !c.�.�twsor�„yt�t eyll�tlmtea�M�deS�$.�s AUM 1fia�ill�
.'*w to m life bills ► �/ set up dif-- .;YC.r on for New jawy, � �...
strstlbaa.'.7rbey have been Yteneett proaxkau for removing ofxug ioc I.c►s And otty hid" ,
because : votsss. .. ir:: ached dut d
€ r�egigis F NOWs to record driver. _,44;4he House bill would also ascend fed- if ** cost will be Moos ihan
xr,►-"! ►rt.s: 4t !. r!, ! E ?4 ,ci'4* VAlQ$ ; , , e li€at..poa. ihe•8laiwbe fle e - .
k3.fiYt�..
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Y.Wi�• Il zi W Yad v4s ap�p` dm m*ftiol_g�y���r1.LR'a'fn]� tWoft o lay
! y��
���.. '� ,1 PWP6 A A W�Mt ^^i"'�'�� to ay �R�Rls
yam'/
l � R �' Oai. ...e * • to,� do •af.;s Will_
M
t" �w.p_`tr < ',•{ 4�., ` about UNOW aIIyi1C�l8tCC� CD9tb aftw four .� VOte! DQi l 1
IlW41El�i.'yI�A°Y'�. nbNiRM `{ it dby.at24
Houses
.
we Ham bitl au$20 a�iaa Orlando is mt IHI dWitsq.
«'�,�,yt.. a •,r'i3d+ '. """"'Ode •,.r+iti �t.F.
� IWO in+�CL�ltlalhwg V �itei
� � lJabrars�y� � re 0
r t c w"�wrya"..@t� h : fNtlE1N in red*
t;.-r ���` ti , , rxq��4ri'-r'`���c � ::v'q ;E: �-..iRIT„.` :/ •.�.�9, 1- `v"Wir7i t -
6—-4(a—vi
C 1,4-"e s W 4. tick `1
IMIT 11CONCIL. (17 PITCH) F
fill-19 1914 1980 11806
80ATTIC ATIPOIT —AIRPORT.__ -SENIOR ---- --- SO I OR ___ DEC L_ DEBT DEBT DEBT
ORD S/F FACILITY TERMINAL vis ris LAND C.O.A. MO ENPLOY. DAYCARE SERVICE SERVICE SERVICE SERVICE
3 OM,19I,116.00_-53,595.00 301,400.00 kl,600.00 368,000-00
4 MINING P.O.'s 111 114,212.11 668.11 f,395.05 4,390.15 191,332.31 5,190.60 0.00 1,280.25 0.00 0.00 0106 0.00 0.00 0.00
3 COLS STORAGE 1260 950,000.00
• PICKIP TRICK 1211
GRANT TO V.I.C.C. 1271 4,770.40
• my SERVICE 1212 244,000.10
1779 332,551.00
fc—f#jEjIAL —i-28-3-91688OL-c-e—
"OF REPAIRS I SIGN 1214 23,600.00
12 GIANTS 1217 5 SOL 00
13 L111ANY GRANTS 1286 21,000.00
14 NALSTON LOT 1281 1,993.11
IS TEININAL RENOVATION 1291 771,667.00 - -----
to MATING FACILITY 1292 k1,000.00
17 11till POLICE CAI 1791 3,104.00
is LIMIT 610TS 1300 1,281.48
to MAIM 1341
" CAI. FIOJ.-Vlf 1302 36,000.00
at CAI. P10J.-CANDLELIGHT 1113 61,420.00
22 CAP. PIOJ.-f.ALIAX 1344 32,710.01
22 011110 WAY GRANT 1301 3,575.24
24 SIATI 61ANY I)OS 11300-00
25 TERMINAL RENOVATION 1111 21,112.00
• 24 DRAINAGE STORY 1108 1,115,04
21 $1, (1112[N YAN 1311 16, 896. 17
20 All. OVERLAY PH. 11 1312 52,071.00
• 2* mi phitim/sTA61116 1313 115,000.00
30 LIIIAIY COPIER U14_1000.01
31 LIUM "NATIONS 1315 1,100.00
32 WIN CIIIIIIS 1316 3,471.00 -5,112.00 -1,765.00
33 ANSEII 1318_212.00
34 TUNINK RENOVATION 1125 195,000.00
34 TAIES 1322 12,205.77
36 RECREATION DONATIONS 1321 990,64
37
as
so ItREM FIS IMSET
40
1 41
42
21-5,3 -21.48 195,-90--Ad 9-6,452-3-6 13,606,00——-,-88,934.00 91,-600.00307,-40-0.00 4 1 —,00-0-,--00 --3-88 , 00-0 . bi
J.43 TOTAL YNII 9-10-19 42,154.81 iii,
441
46
46
67
eve
64
47
N
-7
37
33
3',
76
37
41
45
56
57
,:•, IUDGFT RE{GN:I11ATiuN (11 PIi{H1
�.� , �- 196I 1l1i 1910 H14/tl
{ _11 AIRPORT C.O.A. SENIOR SENIOR DEBT DEBT GEbt DEBT
ARD 5/F FACILITY TERNiNAI Y14 FRS LAND C.O.A. BORO ENPIOI. OATCAKE SERVICE SERVICE SERVICE SERVICE
r fie.
0116. BUDGET 1211 5,119,541.01 123,000.10 201,511.01 115,000.10 1.00 1,20,500.00 183,962.00 49,155.00 13,839.00 81,611.00 14.500.00 100,306.00 42,500.00 404,511.00
9611111111 P.O.'S t{1 15,211.91 611.63 1,111.11 21,314.61 21,113.49 11,259.12 1,131./1 1,131.63 0.00 1'116.15 0.00 0.00 0.0A 0.00
FOS 9 D:NATION 1220 i31,319.00 B,AOO.OA
j; LIBRARY GIANT 122► 15,630.00
GIANTS 1225 9,271.00
DONATIONS 1221 1,113.25
DONATIONS 1211 Ii8.00 —
FRS 1235 42,800.00
CORAL STREET 1I16 325,000.00
TERNINAL OENOV.-S. 1237 50,000.00
1. fitANTS t OONATIANS 1211 14.114.40
REPAIR CAR (INS. RESERVE) 1243 3,131.01
SIAN1 1245 1,000.00
AIATENENT 1241 5,100.00
YISN DISPLAY 1241 2,500.00
110GET ADJUST, 1249 2,693,00
9006ET ADJUST. 1250 3,611,00
GRANT 1251 3,885.90
DONATION 1252 1,000.00
out 44EEN 1251 225,000.00
' CK 163711 TO STATE 16.19 2,130.45
fRS•6RADER 1256 13,000.00
LIBRARY G:NATIONS 1259 1,900.00
DONATIONS 1261 926.00
DONATI?NS 1262 3,121.00
RINYAY/TAITYAY 1265 66,000.00
SPREAD FRS 60GE1 466,462.49 71,500.00 10,000.00 8,000.01
TOTAL TNRO bwtutl 6,390,111.33 ?01,127.51 255,117.71 722,304.07 600,562.49 1,899,159.92 193,180.82 82,564.78 13,819.00 90,264.50 94,500.00 30A,300.A0 42,500.80 iA4,511.00
0t-10 -PY
Y•� r -
��iE. bi • ,.41FOf [.s1oN •E foNNs oN•N�. NE bb,0= 1 1
KENAI PENINSULA BOROUGH
ECONOMIC DEVELOPMENT DISTRICT, INC.
Board of Directors I•;eeting
June 28, 1989 * 1:00 p.m. * 110 Willow St., Kenai
A. Chairman's Ooenina Comments & Introduction of Guests
B. Approval of Minutes from May 25, 1989
C . Approval of Agenda "20212,
0
' 4 �n
D. Corresoondence c >
E. Guest Presentation: Mayor John Calhoun, Homer
v� rfti
F. Reports r9S��GbVt
1. Chairman
2. Treasurer
3. Board of Directors
4. Executive Director & Staff
G. Calendar of Upcoming Events
No Meetings scheduled at this time
H. Public Comments
I. Standing Committees: Reports/Recommendations
J. Business
1. VORCO - June 15th meeting Mayor Gilman; Publication of
Report
2. Holden, Hackney & Breeze Contract - Progress Report
3. OEDP - Resolution 89-11
4. Development of District Bid Procedures, Guidlines -
Ad -Hoc Committee Report
5. Use of Proxies - Bylaws Article II, Section 2.
Discussion.
6. District Policy VI - Annual Leave - Amendment Approval
7. District Policy IV - Work Periods - Amendment Approval
8. District Policy IX - Travel - Approval
9. Health Insurance Policy for District - Discussion
10. Executive Director Position
K.
Board Members
and Staff
Comments
L.
Next Meeting
- District
Office, Kenai, July 27 at 1:00 p.m.
M. Adjournment
*Additional Information:
A. Executive Committee: Meets 10:00 a.m. - 11:00 a.m.
Conference Room, City Hall
B. Tour of Homer: Bus will depart from City Hall at 11:00 a.m.
for an hour guided tour.
C. Lunch at the Porpoise Room, 12.00 noon. Committees meet.
D. Board Meeting City Hall, 1:30 p.m.
��\ / ` \
.//\i'
DEPARTMENT OF REVENUE
June 22, 1989
Fraternal Order of Eagles Auxiliary 3525
5765 Kenai Spur Highway
Kenai, AK 99611
Dear Permittee:
^� ��
�_°��/ �~� �� �� =2
[his letter will serve as notice that under the authority of AS
05.15.060(3)
& (4). AS 05'15.170
and 15 AAC
105. 190(3) , the
1989 Games of
Chance and Skill
permit is
hereby susupended
for failure to
timely file
the 1988 annual
financial
statement. The suspension
begins
immediately
upon receipt
of this letter
and will remain
in effect until
you are
notified otherwise by this
Department. You
are required under AS
05.15.050 to
surrender the
permit via certified
mail to our
office located
at:
Alaska Department of Revenue
Income & Excise Audit
1111 W. 8th Street, Room 106
Juneau, AK 99801
If you wish to appeal our suspension of the permit, you must serve a
written notice on the Department within 15 days of the receipt of this
letter. The right to a hearing is waived if the request is not received
within the 15 day period. See 15 AAC 105.190(c).
If you have any questions, please contact me.
Sincerely,
Kelcy Parsons
Income & Excise Audit
Phone (907) 465-3409
d e 0 STEW rAIP0 - 3
DEPARTIMENT OF REVENUE STATE OFFICE BUILDING
P.O. BOX SA
JUNEAU, ALASKA 99811-0400
�: JUN ,989
W
0
ti
" c`'<`�'��L� June 16, 1989
Dear Permittee or Licensee:
The Games of Chance and Skill Unit will transfer to the Department of
Commerce and Economic Development, Division of Occupational Licensing,
effective July 1, 1989. The Games of Chance and Skill program will be
under the direction of Randall Burns, director of the Division of
Occupational Licensing.
Games of Chance and Skill personnel may be contacted at the following
addresses and telephone numbers:
JUNEAU
Games of Chance and Skill
Department of Commerce and Economic
Division of Occupational Licensing
PO Box 0-LIC
Juneau, AK 99811
465-3409, 465-3410 or 465-2534
ANCHORAGE
Games of Chance and Skill
Department of Commerce and Economic
Division of Occupational Licensing
3601 C Street
Anchorage, AK 99503
561-2878
Development
Development
If you have any questions regarding the transfer of the program to the
Department of Commerce and Economic Development, please feel free to
contact Paul Dick at 465-2367.
Sincerely,
ieven E. Kettel
Director
Income and Excise Audit
04•04LH
.Z N FO - Y
1.
2.
3.
4.
5.
jr
TO DO LIST
June 21, 1989
KENAI CITY COUNCIL WORK SESSION
B. Brighton - Check into area at end of Angler Dr. and
Cunningham Pk. for use as boat launch - Corps. of
Engineers permit?
B. Brighton - Pursue demolition of old buildings:
Treat Cabinet Building
Harborview Hotel
Kenai Korners Building
C. Brown - Prepare assessment district for paving,
Lawton Dr. to golf course
B. Brighton - If residents of S. Upland are willing to
donate land, add to road improvements list
K. Kornelis - Talk to residents of Aspen & 5th
re/utility lines
s NFo - r
TO DO LIST
JUNE 21, 1989
KENAI CITY COUNCIL
1. C. Brown - Prepare report on Eagle Rock Assessment
Dist. request for 7-5 meeting
2. B. Brighton - Prepare agreement with Twin Cities
Raceway for use of water well.
3. B. Brighton - $1,000 for fuel for 7-4 celebration,
fly -over
4. J. Williams - Report on status of EDC at 7-5 meeting
5. J. Ruotsala - Check on insurance for Comm/Comm secy
6. J. Ruotsala - Schedule work session for 6-29, 7:00 PM.
Discuss: Airport terminal concession leases
R. Ernst - Notify Airport Commission members
7. J. Ruotsala - Schedule for July or Aug - Discussion of
Master Plan for long range and short range plans
8. C. Brown - Prepare synopsis on unbudgeted expenditures
of Council in 1987/88 and 1988/89 years, for 7-5
meeting
jr &
9627
ti JUN 19M ro
KENAI PENINSULA BOROUGH
wp
REGULAR ASSEMBLY MEETING
o
June 6, 1989; 7:30 p.m.
Borough Administration Building
Soldotna, AR 99669
CO
- A G E N D A -
Page Nbr.
A.
CALL TO ORDER
1
B.
PLEDGE OF ALLEGIANCE
C.
INVOCATION: Rev. Janyne Craig
Faith Temple, Soldotna
D.
ROLL CALL
E.
VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS
F.
APPROVAL OF MINUTES: May 16, 1989
1
G.
COMMITTEE REPORTS
1
(a) Finance (Chm. Crawford, V. Chm. Carey, Glick,
O'Connell, Nash, Walli)
(b) Local Affairs/Legis. (Chm. Skogstad, V. Chm.
Mullen, Glick, McGahan, O'Connell, Poindexter
(c) Public Works/Ed. (Chm. McLane, V. Chm. Moock,
Brown, Hodgins, McGahan, Skogstad, Keene)
H.
REPORTS OF COMMISSIONS AND COUNCILS
I.
MOTIONS TO RECONSIDER
(A) Res. 89-59 "A Resolution Approval a Special
2 KM
Use Permit Within a Borough Right -of -Way"
Withdrawn
(Mayor)
J.
AGENDA APPROVAL AND CONSENT AGENDA
2
(a) Rom. 89-55 "Adopting Rules and Regulations
Adopted
for Funding, Award, Approval and Termination
of work on East Peninsula Road Maintenance
Service Area Contracts" (Mayor @ Req. Service
Area)
(b) Appointments to the Central Peninsula Hospi-
Adopted
tal Service Area Board
(c) Appointments to the KPB Planning Commission
Adopted
(d) Resolution "Commending Margaret "Jackie" Deck
Adopted
for Twenty-seven Years of Community Service
Upon Her Retirement from Seward Community
Library" (Sewall/Skogstad)
K.
ORDINANCE HEARINGS
(a) Ord. 89-5 "Amending Kenai Peninsula Borough
2 Enacted
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)
(b) Ord. 89-20 & Subst. "Amending the KPH Code of
3 Subst.
Ordinances to Permit Semi -Annual Filing for
Defeated
Certain Low -Volume Businesses" (Nash)
(c) Ord. 89-23 "Classifying Borough Owned Lands
3 Defeated
as 'Sale Lands' and Authorizing a Public
Sealed Bid Disposal of Tract C Fishermen
Roads Subdivision Located Within Section 30,
Township S North, Range 11 West, Seward
Meridian" (Mayor)
(d) Ord. 89-25 & Suhst "Authorizing Borough
Patented Lands to be Leased to the Moose
River Raft Race and Sterling Days, Incor-
porated" (Mayor)
(e) Ord. 89-26 "Appropriating Funds for Fiscal
Year 1989-1990" (Mayor)
L. INTRODUCTION OF ORDINANCES
(a) Ord. 89-28 "Amending Title 20 of the Borough
Code of Ordinances to Provide for Right -of -
Way Acquisition Platting Procedures" (Mayor)
(b) Ord. 89-29 "Amending the Kenai Peninsula
Borough Code of Ordinances to Clarify the
Disabled Resident Exemption" (Mayor)
(c) Res. 89-31 "Amending the Kenai Peninsula
Borough Sales Tax Code to Tax Gaming Sales"
(Mayor)
M. CONSIDERATION OF RESOLUTIONS
(a) Res. 89-61 "A Resolution Approving a Special
Land Use Permit on Borough Patented Lands"
(Mayor)
(b) Res. 89-62 "Setting the Rate of Levy for Real
and Personal Property Taxes for the Kenai
Peninsula Borough and for Service Areas
Within the Borough for the Tax Year 1989"
(Mayor)
(c) Res. 89-63 "Urging the International Halibut
Commission to Grant Authority to the Alaska
Department of Fish and Game to Postpone the
Halibut Opening During Hazardous Weather Con-
ditions" (MCGahan)
N. PENDING LEGISLATION
(This item lists legislation which will be ad-
dressed at a later time as noted)
(a) Ord. 89-27 "Classifying and Authorizing Dis-
posal of Certain Lands Obtained by the Kenai
Peninsula Borough Through tax Foreclosure
Procedures" (Mayor) HEARING 6-20-89
(b) Ord. 88-49 "Amending KPB Chapter 20.20
Regarding Subdivision Design Requirements by
Enactment of a New Selection 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) POSTPONED TO 7/18
(c) Ord. 88-27 (Rev.) "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 Commission" (Nash) REFERRED TO
PLAN. CMSN./ASSM T.F.
Page Nbr.
4 Subst.
Enacted
4 Enacted
6 Hrg Set
7-18-89
6 Hrg Set
7-18-89
6 Hrg Set
7-18-89
7 Defeated
7 Adopted
8 Adopted
as Amnd
Page Nbr.
(d) Res. 89-35 "Declaring the Assembly of the
Kenai Peninsula Borough Improperly Appor-
tioned" (Carey) TABLED 4/4/89
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
(a) vacate Joey Court Right -of -Way and All 9Apprvd
Utility Easements Within McFarland Subdivi-
sion, Scenic Addition, Section 18, T5N, R8W
(b) Railbelt Borough Caucus
S. ASSEMBLY AND MAYOR'S COMMENTS
(a) Cancellation of July 4, 1989 Regular Meeting
T. INFORMATIONAL MATERIALS AND REPORTS
U. NOTICE OF NEXT MEETING AND ADJOURNMENT (June 20, 1989) 11
KENAI PENINSULA BOROUGH
REGULAR ASSEMBLY MEETING MINUTES
June 6, 1989; 7:30 p.m.
Borough Administration Building
Soldotna, AK 99669
A. CALL TO ORDER
The regular meeting of the Assembly was called to order by Presi-
dent Jonathan W. Sewall at 7:30 p.m.
B. PLEDGE OF ALLEGIANCE
C. INVOCATION
The invocation was given by Rev. Janyne Craig from Faith Temple,
Soldotna.
D. ROLL CALL
PRESENT: Assemblymembers Brown, Crawford, Glick, Hodgins, Keene,
McGahan, McLane, Moock, Mullen, Nash, Poindexter, Sewall,
Skogetad; Mayor Gilman, Atty. Boedeker, Asat. Finance Direc-
tor Semmens, Planning Director Troeger, Borough Clerk
Brindley
EXCUSED: Assemblymembers Carey, Walli
ABSENT: Assemblymember O'Connell
E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS
F. APPROVAL OF MINUTES
The minutes of the regular meeting of May 16, 1989 were approved
as written.
G. COMMITTEE REPORTS
(a) Finance (Chm. Crawford, V. Chm. Carey, Glick,
O'Connell, Nash, Walli)
Mr. Crawford reported the committee did not meet.
(b) Local Affairs/.Legis. (Chm. Skogstad, V. Chm.
Mullen, Glick, McGahan, O'Connell, Poindexter
Mr. Skogstad reported the committee discussed only agenda items.
He noted a Legislative report from Ms. Huss was on the desk.
(c) Public Works/Ed. (Chm. McLane, V. Chm. Moock,
Brown, Hodgins, McGahan, Skogstad, Keene)
Mr. McLane reported the committee discussion was on agenda items.
Pres. Sewall introduced Milli Martin, School Board President.
Mrs. Martin expressed appreciation for the support of the As-
sembly towards education through appropriation approvals and
cooperation through the legislative session. She looked forward
to a smooth transition of the Maintenance Dept. from the borough
to school district. She also stated her appreciation for resolu-
tions adopted commending students and school staff. In lieu of a
worksession on future construction, this year Superintendent Fred
Pomeroy would bring a report as no new construction is planned
for this year.
Dr. Pomeroy referred to the copies of Enrollment Projections and
Schopl Construction Needs provided and stated it is a planning
tool which is updated each year to keep it current. He referred
to Page 4 which lists enrollment figures from year 1979-80 with
1
KENAI PENINSULA BOPOUCH ASSEMBLY REGULAR MEETING OF JUNE 6. 1989
6014 students to 1993-94, 9839 projected, grades preschool
through 12. He then referred to Page 27 which indicated future
probable construction needs up to 1993. Major and minor capital
improvement lists were included as well.
H. REPORTS OF COMMISSIONS AND COUNCILS
I. MOTIONS TO RECONSIDER
(a) Res. 89-59 "A Resolution Approving a Special Use Permit
Within a Borough Right -of -Way" (Mayor)
Mrs. McGahan stated she gave the notice of reconsideration but
had been advised the applicant no longer wished to pursue the
project.
J. AGENDA APPROVAL AND CONSENT AGENDA
Mr. Nash requested the Vacation of Joey Court be removed from the
Consent Agenda.
Mr. McLane requested the Introduction of Ord. 89-28 be placed on
the Consent Agenda with hearing date of July 18.
Mrs. Glick requested the Introduction of Ord. 89-29 be placed on
the Consent Agenda and the Commending Resolution for the Seward
Librarian.
Pres. Sewall added under Other Business the Railbelt Borough
Caucus of June 24 and discussion of agenda items for that meet-
ing. The following items were approved on the Consent Agenda:
(a) Res. 89-55 "Adopting Rules and Regulations for Funding,
Award, Approval and Termination of Work on East Penin-
sula Road Maintenance Service Area Contracts" (Mayor @
Req. Service Area)
(b) Appointments to the Central Peninsula Hospital Service
Area (Robert Jensen, Pat Osborne, Donna Wilcox, for 3
year terms, expiring in June 1992)
(c) Appointments to the KPB Planning Commission (Bert An-
derson, filling the unexpired term of Bill Butler,
1991, and Phil Bryson, 3 year term expiring in 1992)
(d) Resolution "Commending Margaret "Jackie" Deck for
Twenty-seven Years of Community Service upon her
Retirement from Seward Community Library" (Sewall/
Skogstad)
K. ORDINANCE HEARINGS
(a) Ord, 89-5 "Amending Kenai Peninsula Borough Ordinance
81-47 Which Adopted Municipal Powers Necessary to
Provide Ports and Harbors, Wharves, and Other Marine
Facilities in the Borough Outside Cities, to Remove
Restrictions on Expenditures and Hiring" (Hodgins/
McGahan/McLane/Brown/Glick)
ASSEMBLYMEMBER HODGINS MOVED THE ENACTMENT OF ORD. 89-5.
Mr. Skogstad reported Local Affairs Cmte. discussed the ordinance
and had a unanimous "do pass" recommendation. Two items of con-
cern were the ballot wording (to be written) and ways to educate
the voters on the proposal.
Mr. McLane reported Public Works Cmte. also had a "do pass"
recommendation.
2
KENAI PENINSULA BOROUGH ASSEMBLY REGULAR ME&TINO OF JUNE 6. 1989
Public hearing was,=opened.
Lois Schackle, Anchor Point, addressed the need for improvements
to the Anchor River entrance to Cook Inlet in order to enhance
fishing and tourism, the two main sources of income in Anchor
Point. She reported recent losses of vehicles and near loss of
life due to conditions at the salt water access point. She sup-
ported the ordinance as an avenue through which a safe boat
launching facility could be accomplished.
Public hearing was closed.
Mr. Hodgins spoke for the ordinance which would take the question
to the voters, reporting he has been attending various Chamber of
Commerce meetings, discussing the ordinance. He has received
both positive and negative comments but he hoped some fears would
be allayed by the knowledge that any future bond issues would
also be voted on by the residents of the borough. He felt the
borough's diversification and growth would be impaired in the fu-
ture if it did not pass.
Mr. Mullen stated he would be interested in seeing the ballot
proposition.
Mrs. McGahan believed the ordinance was a healthy action for the
borough now that AS 29 has been rewritten removing some restric-
tions. Any options for development should be available for a
hopeful future.
ORD. 89-5 WAS ENACTED BY UNANIMOUS VOTE.
(b) Ord. 89-20 & Subst. "Amending the KPB Code of Or-
dinances to Permit Semi -Annual Filing for Certain Low -
Volume Businesses" (Nash)
ASSEMBLYMEMBER NASH MOVED THE ENACTMENT OF ORD. 89-20(SBST).
Pres. Sewall opened public hearing and as no one wished to be
heard, it was closed.
Mr. Nash stated the ordinance is the result of constituents' con-
cerns about the necessity of filing returns quarterly. The sub-
stitute clarified and brought the proposed change to just an
amendment to provide. that gross sales of more than $1,000 but
less than $10,000 in the preceding 12 months would allow a tax-
payer to file returns semi-annually.
Mrs. McGahan supported the ordinance noting the number of small
businesses existing in the borough, stating that the amount of
paper work would decrease for the borough as well.
ORD. 89-20(SBST) WAS DEFEATED BY A VOTE OF 8 YES TO 5 NO: (9 RE-
QUIRED)
YES: Poindexter, Hodgins, Moock, McLane, McGahan, Brown, Keene,
Nash
NO: Skogstad, Mullen, Crawford, Glick, Sewall
(c) Ord. 89-23 "Classifying Borough Owned Lands as 'Sale
Lands' and Authorizing a Public Sealed Bid Disposal of
Tract C Fishermen Roads Subdivision Located Within Sec-
tion 30, Township 5 North, Range 11 West, Seward
Meridian" (Mayor)
ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT OF ORD. 89-23
Mr. Skogstad reported Local Affairs Cmte. discussed the ordinance
and had a 3-1 vote against enactment. They felt it was another
example of piecemeal planning and there is limited available land
along the shore.
3
KEN_AI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JUNE 6. 1909
Public hearing was opened and as no one spoke, was closed.
Mr. Hodgins encouraged support for putting this and other borough
land on the tax rolls.
ASSEMBLYMEMBER NASH MOVED TO AMEND SECTION 5 BY STRIKING THE LAST
THREE WORDS OF THE FIRST SENTENCE AND THE ENTIRE SECOND SENTENCE
AND SUBSTITUTING "voice auction of the highest identical sealed
bid."
Mrs. McGahan believed the minimum bid was more than sufficient
and spoke against the amendment.
THE NASH AMENDMENT FAILED BY A VOTE OF 3 YES TO 10:
YES: Skogstad, Keene, Nash
NO: Poindexter, Hodgins, Moock, McLane, Mullen, Crawford, Glick,
Sewall, McGahan, Brown
Mr. Mullen stated the nearest land providing access to the beach
is several miles to the South. Perhaps some time in the future
the borough will take on recreation powers and the parcel would
make an outstanding and unique park. He believed the borough
should retain the parcel as it is one of a kind.
Mr. Skogstad stated in the process of updating the borough's com-
prehensive plan, in public hearings people will be asked their
opinion on recreation powers. He stated because of limited
amount of public property on the bluff, this is one of the par-
cels that should be retained.
ORD. 89-23 WAS DEFEATED BY A VOTE OF 4 YES TO 9 NO:
YES: Poindexter, Hodgins, Crawford, McGahan
NO: Skogstad, Moock, McLane, Mullen, Glick, Sewall, Brown,
Keene, Nash
(d) Ord. 89-25 6 Subst "Authorizing Borough Patented Lands
to be Leased to the Moose River Raft Race and Sterling
Days, Incorporated" (Mayor)
ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT OF ORD. 89-25(SBST).
Mr. Skogstad reported Local Affairs Cmte. had a unanimous "do
pass" recommendation.
Public hearing was opened.
Richard Duncan, President of the Moose River Raft Race Associa-
tion, stated they plan to build a community center on the parcel
(2.63 acres) and he appreciated the assembly's support.
Public hearing was closed.
ORD. 89-25(SBST) WAS ENACTED BY UNANIMOUS CONSENT.
(e) Ord. 89-26 "Appropriating Funds for Fiscal Year 1989-
1990" (Mayor)
ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT OF ORD. 89-26.
Public hearing was opened and as no one wished to speak, was
closed.
Mrs. McGahan expressed concern for the size of the Economic
Development District's budget --she had believed much of their
cost would be picked up by grants made obtainable with the
4
separation from the borough Planning Dept. She stated her inten-
tion was not to criticize anyone or the job being done, but
$209,841 in personnel costs without breakdown seemed high.
Mr. McLane reported he sits on the EDD Board as treasurer. He
explained the listed projects, Port Graham Dock, Seldovia and
Homer deep water docks are RDA projects with federal funding.
The local EDD needs to approve those projects, but they are not
locally funded projects. The EDD has a scope of work beyond that
of the Resource Development Commission. In this first year of
operation they have faced several unexpected problems•.puch as the
oil spill, the possibility of home porting in two areas and a
natural gas reserves study. He stated a lot of money is spent
educating the borough's children but if economic development does
not occur they will have to go elsewhere to find jobs.
In response to questions as to projects, Mr. Hodgins reported a
Korean group of travel agents would be visiting the Peninsula on
June 7 and they would be introducing the great tourist related
possibilities of the area to them. As to grants received, they
are for specific projects and it should not be expected the
federal government would fund the economic development plan.
Mr. Brown mentioned the assistance given to small businesses
starting up and making proposals to the governor.
Mrs. Moock believed economic development is a long term invest-
ment in the Peninsula's future and the budget is conservative.
ASSEMBLYMEMBER MC G,AHAN MOVED TO REDUCE THE ASSEMBLY TRAVEL ITEM
FROM $15,000 TO $7,000 FOR IN STATE TRAVEL AND FROM $5,000 TO
$2,000 FOR OUT OF STATE TRAVEL.
There was a brief discussion of the amount used in this fiscal
year, Mayor Gilman sending for an up to date expenditure report.
During this interim, Pres. Sewall called a 10 minute recess.
When the report was received Mayor Gilman reported figures from
it showing approximately 2/3 of the travel budget used to date.
Mrs. McGahan believed with a full-time lobbyist in the ad-
ministrative assistant, Assembly members did not need to travel
to Juneau for that purpose.
THE AMENDMENT FAILED BY A VOTE OF 1 (McGAHAN) YES TO 12 NO.
Mr. Keene stated the thrust of the Resource Development Council
has been towards oil development and other areas have been
neglected.
ASSEMBLYMEMBER KEENE M{NED TO REDUCE ASSEMBLY DUES ITEM 43920 BY
$7,541, THE AMOUNT PATE TO THE RESOURCE DEVELOPMENT COUNCIL, TO
HAVE THE EFFECT OF WITHDRAWING FROM THAT ORGANIZATION, AND THE
MOTION WAS APPROVED BY A VOTE OF 11 YES TO 2 (Glick, Sewall) NO.
There was discussion of the merits of belonging to organizations
such as Resource Development Commission and the Alaska Municipal
League, the interests of which are not always the same as the in-
terests of this borough. It was stated both organizations have
altered their focus over the years, RDC shifting mainly towards
oil development and AML in favor of the smaller communities.
ASSEMBLYMEMBER McLANE MOVED TO REDUCE ASSEMBLY DUES ITEM 43920 BY
$25,210, THE AMOUNT OF DUES PAID TO ALASKA MUNICIPAL LEAGUE LAST
YEAR. THE MOTION WAS APPROVED BY A VOTE OF 10 YES, 3 NO:
YES: Poindexter, Hodgins, Moock, McLane, Mullen, Sewall, McGahan,
Brown, Keene, Nash
NO: Skogstad, Crawford, Glick
There was a discussion of the Mayor's plan to cut large costs of
hauling transfer boxes to the landfill by eliminating transfer
sites within 15 miles of the landfill. Fears were expressed of
the consequences in terms of litter through increased trips to
the landfill by individuals. It was noted there are two
businesses in the area which will pick up trash from residences.
ASSEMBLYMEMBER MULLEN MOVED TO INCREASE SOLID WASTE ADMIN. 43763,
REFUSE HAULING, FROM $500,000 TO $700,000. MOTION FAILED BY A
VOTE OF 5 YES TO 8 140:
YES: Skogstad, Moock, McLane, Mullen, Nash
NO: Poindexter, Hudgins, Crawford, Glick, Sewall, McGahan,
Brown, Keene
ASSEMBLYMEMBER MCGAHAN MOVED TO DELETE THE CAR ALLOWANCE FROM THE
CLERK'S BUDGET, $1,800. MOTION FAILED BY A VOTE OF 4 YES TO 9
NO:
YES: Skogstad, Sewall, McGahan, Keene
NOt Poindexter, Hodgins, Moock, McLane, Mullen, Crawford, Glick,
Brown, Nash
Mr. McLane asked for clarification on the AML membership ques-
tion, whether staff would continue to attend meetings formerly
attended sponsored by AML. Mayor Gilman stated in the instance
of the Legislative Cmte. on which Mr. Boedeker serves, as a non-
member borough, he would no longer serve. However the staff mem-
bers that belong to the adjunct organizations such as Municipal
Finance Officers, he would encourage to continue to attend.
ASSEMBLYMEMBER McGAHAN MOVED TO DECREASE EMERGENCY MANAGEMENT
ITEM 43210 BY $6,000. MOTION WAS DEFEATED BY A VOTE OF 4 YES TO
9 NO:
YES: Mullen, McGahan, Brown, Keene
NO: Skogstad, Poindexter, Hodgins, Moock, McLane, Crawford,
Glick, Sewall, Nash
ORD. 89-26 WAS ENACTED WITH A REVISED TOTAL FIGURE OF $37,795,052
(GENERAL GOVERNMENT, $9,856,093) AND THE MOTION WAS APPROVED BY A
VOTE OF 11 YES TO 2 (McLane, McGahan) NO.
L. INTRODUCTION OF.ORDINANCES
(a) Ord. 89-28 "Amending Title 20 of the Borough Code of
Ordinances to Provide for Right -of -Way Acquisition
Platting Procedures" (Mayor)
SET FOR HEARING ON JULY 18 WITH THE CONSENT AGENDA.
(b) Ord. 89-29-29 "Amending the Kenai Peninsula Borough Code
of Ordinances to Clarify the Disabled Resident Exemp-
tion" (Mayor)
SET FOR HEARING ON JULY 18 WITH THE CONSENT AGENDA.
(c) Ord. 139-31 "Amending the Kenai Peninsula Borough Sales
Tait Code to Tax Gaming Sales" (Mayor)
ASSEMBLYMEMBER GLICK MOVED TO SET ORD. 89-31 FOR HEARING ON JULY
is, 1989.
There were no committee reports or public comments.
Mr. Nash reported a gentlemen interested in commenting was
present earlier but when told the date of the hearing, decided to
come back that date.
6
KENAI PENINSgjA BOROUGH ASSRMBLY REGULAR MEmTIN • QF JUNE 6, 1989
Mr. Brown asked for a determination as to whether he had a con-
flict of interest in order to comment. Atty. Boedesker stated the
question is whether there is a substantial financial interest and
he did not believed Mr. Brown did, as he did not stand to suffer
directly from the imposition of tax on gaming. Pres. Sewall
ruled Mr. Brown does not have a conflict of interest.
In answer to questions, Mayor Gilman reported all known outlets
for gaming devices have been sent a letter stating they may have
an obligation to collect and remit sales tax, depending on cir-
cumstances. The comments in response to that letter prompted
this ordinance. The borough will be put in the position of
deciding who is and who isn't liable.
Mr. Brown believed the state had not yet defined "vendors" and
felt the ordinance was premature. The Dept. of Commerce will be
conducting public hearings in July and such issues will be dis-
cussed. If the tax is applied, it should be charged at the dis-
tributor level.
Pres. Sewall noted Mrs. Moock felt ill and asked to be excused
for the remainder of the meeting (10:50 p.m.).
Mrs. McGahan spoke against taxing non-profit organizations, but
felt Mr. Brown's idea of taxing the distributors was worth pursu-
ing.
Atty. Boedeker stated the main problem is that some gaming sales
are going to be exempt, some are not and the determination of
which class they fall in will be difficult. Too much time is now
being spent with questioning calls, a clear statement must be
adopted.
Mr. Nash asked to have a substitute written prior to hearing con-
taining a new subsection to read "Gaming sales are exempt;".
ORD. 89-31 WAS SET FOR HEARING BY A VOTE OF 10 YES 2 (McLane,
Brown) NO.
M. CONSIDERATION OF RESOLUTIONS
(a) Res. 89-61 "A Resolution Approving a Special Land Use
Permit on Borough Patented Lands" (Mayor)
ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 89-61.
Mr. Skogstad reported the Local Affairs Cmte. had a unanimous do
not pass recommendation.
The resolution was in response to a request by a registered guide
to use an acre of land beside Viapan Lake for a headquarter site
for commercial hunting and fishing operations.
RES. 89-61 WAS DEFEATED BY A VOTE OF 3 YES TO 9 NO:
YES: Poindexter, Hodgins, McLane
NO: Skogstad, Mullen, Crawford, Glick, Sewall, McGahan, Brown,
Keene, Nash
(b) Res. 89-62 "Setting the Rate of Levy for Real and Per-
sonal Property Taxes for the Kenai Peninsula Borough
and for Service Areas Within the Borough for the Tax
Year 1989" (Mayor)
ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 89-62.
There was no public comment.
7
Mr. McLane expressed concern that several service areas have in-
creased the mill rates to the maximum authorized by the voters in
a year without substantial population or service increase. He
wondered what would happen when the economy does turn around and
the population begins to increase again.
RES. 89-62 WAS ADOPTFn BY A VOTE OF 11 YES, 1 (McGahan) NO.
(c) Res. 89-63 "Urging the International Halibut Commission
to Grant Authority to the Alaska Department of Fish and
Game to Postpone the Halibut Opening During Hazardous
Weather Conditions" (McGahan)
ASSEMBLYMEMBER McGAHAN MOVED TO ADOPT RES. 89-63 WITH THE FOLLOW-
ING AMENDMENTS: IN THE TITLE FOLLOWING "FISH AND GAME" ADD ",
U.S. COAST GUARD OR OTHER APPROPRIATE AGENCIES" AND IN SECTION 1
AFTER "Fish and Game" ADD ", U.S. Coast Guard or other ap-
propriate agencies", AND IN SECTION 2, ADD THE SAME PHRASE AT THE
END OF THE PARAGRAPH. SHE REQUESTED THE ADDITION OF "CAREY,
BROWN" AS SPONSORS.
Mr. McLane reported Public Works Cmte. had a unanimous "do pass"
recommendation.
Pres. Sewall passed the gavel to Vice Pres. McGahan in order to
support the resolution, stating nearly everyone on the Peninsula
knows someone who has lost a family member, gear, or spent time
in the water because of sudden weather changes.
The gavel was returned.
Mr. Mullen stated his support for the resolution but felt with a
few changes it could be even more valid.
ASSEMBLYMEMBER MULLEN MOVED TO AMEND BY DELETING FROM THE TITLE
"TO GRANT AUTHORITY TO THE ALASKA DEPARTMENT OF FISH AND GAME", r
DELETING THE LAST "WHEREAS", AND DELETING THE LAST SENTENCE OF
SECTION 1. THE AMENDMENT AND THE RESOLUTION WERE APPROVED BY
UNANIMOUS CONSENT.
N. PENDING LEGISLATION
(This item lists legislation which will be addressed at a
later time as noted)
(a) Ord. 89-27 (Mayor) HEARING 6-20-89
(b) Ord. 88-49 (Mayor) POSTPONED TO 7/18
(c) Ord. 88-27 (Rev.) (Nash) REF. TO PLAN. CMSN./ASSM T.F.
(d) Res. 89-35 (Carey) TABLED 4/4/89
O. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON
THE MEETING AGENDA
P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS
Q. MAYOR'S REPORT
Mayor Gilman referred to the Legislative Report from Ms. Huss
which included implication of some of the bills that passed, in-
cluding the early retirement program, oil spill bills and he
noted there were some Nikiski projects funded. He reported there
are a number of other bills at the Congressional level concerning
the oil spill. It is a national issue and will continue to be.
People across the country are interested in information on the
subject and a video is being put together for that purpose.
He referred to a letter from the state assessor advising of the
oil properties valuation which is up approximately $25 million
from last year, primarily due to completion of the Steelhead
platform.
8
He noted also the certification of the assessment roll and the
requested litigation report was provided, as well as a construc-
tion report on the Seward school which may be completed about 12
months from now.
Addressing the issue of subsistence on the Kenai River, he stated
it is a national issue, a watering down of the federal oversight
of the native claim settlement act. This causes anxiety among
local native groups. Sen. Stevens and Rep. Young are taking the
lead on the issue, but it will not be easily resolved.
Mayor Gilman stated the assembly had taken a courageous step in
the decision not to renew AML membership and believed it was not,
individually, their intention to 'tear down the concept of AML but
to send a message. Changes have taken place in the last several
years and the organization does not necessarily represent the
best interests of the Kenai Borough at this time. He believed
other municipalities will consider taking the same action.
The mayor referred to a memo regarding insurance as the latest
report of the process.
In answer to questions, Mayor Gilman reported the Planning Com-
mission had granted a special use permit to the noxious, in-
jurious, hazardous ordinance for Borealis with a number of
stipulations that must be followed before they can proceed with
drilling. There has not been indication received that Borealis
agrees to work under those conditions. If they do agree, the
decision will be appealed by the other side to the Assembly.
R. OTHER BUSINESS
(a) Vacate Joey Court Right -of -Way and All Utility Ease-
ments Within McFarland Subdivision, Scenic Addition,
Section 18, T5N, R8W
Mr. Nash stated his concern was to insure there would not be lots
left without access. Planning Director Troeger stated it is a
two part process; first the agenda item, formal acceptance of the
vacation, secondly the plat. The Dept. has received the plat
since Planning Commission approval in its proper form showing the
reversion to acreage.of all lots, showing the vacation of rights
of way and the plat will be heard by the Planning Cmsn. at its
next meeting. The vacation does not go to record until after the
plat is filed.
ASSEMBLYMEMBER NASH MOVED TO APPROVE THE VACATION AND IT WAS AP-
PROVED BY UNANIMOUS CONSENT.
(b) Railbelt Borough Caucus
Pres. Sewall stated the next meeting will be in this building on
June 24. He asked Assembly members to contact the clerk with
agenda items for that meeting in order to get it mailed to the
other municipalities.
S. ASSEMBLY AND MAYOR'S COMMENTS
Mr. Nash expressed sympathy for the family of Laura Murphy who
was recently last at sea.
Mr. Brown expressed his appreciation for the work Betty Glick had
done with AML and in Juneau.
Mrs. McGahan echoed Mr. Nash's sentiments and also noted the lack
of attendance at Board of Equalization hearings. She hoped
voters would ask candidates if they intend to attend these hear-
ings. She recalled discussion of a professional board for this
function, but she felt an elected board is more responsible and
more answerable to taxpayers. She reported the Nikiski Community
Council had been formed and bylaws passed. She requested the
Clerk to notify any interested state agencies.
Mr. Skogstad congratulated the Nikiski group and wished them
well. He commented on the concept of a separate board to handle
the BOB activity, believing the arguments given in support of the
Assembly doing it could also be used against it. Such a board
should be entirely impartial and a better job could be done by
specialists in the area of land values.
Mr. Hodgins requested the Mayor determine how much travel expense
will be saved by staff with the pull out from AML. He also re-
quested a listing of staff trips outside state with justification
and cost included. No then requested a listing of Assembly at-
tendance both for BOB and Assembly.
Mr. Mullen requested an excused absence for the next meeting.
Mr. Crawford commented on the cleanup efforts on the outer coast
where he has spent the past month. He stated the workers have
been dedicated but it seems whenever they find a method that
works, the company sends in a new crew and tactics are changed.
He reported it is frustrating and ineffective as there are
hundreds of thousands of gallons of oil on the beaches.
Mrs. Glick expressed appreciation for Assessor Haerer and his
staff for professional presentations of facts to make the Board's
job easier. She asked if copies of the study of economic impact
that EDD was doing would be available. Mayor Gilman reported the
company that brokered the study has submitted a draft copy to the
EDD board and himself. He stated early next week he would be
getting the people together that worked on the project because he
has questions about certain statements made. The final draft
should be available by next meeting. Regarding AML, she had also
noted a change over the years, but she had hoped with more par-
ticipation from this borough, the direction might again change.
She stated the director, Scott Burgess, has a good rapport with
legislators and administration and has done an excellent job.
She stressed the importance of Assembly members in the lobby
process.
ASSEMBLYMEMBER CRAWFORD MOVED TO CANCEL THE REGULAR MEETING OF
JULY 4, 1989. THERE WAS NO OBJECTION.
Pres. Sewall recalled that when the ordinance was introduced to
appoint a separate Board of Equalization, he was opposed, believ-
ing that it was the duty of the Assembly as long as it was pos-
sible. Since that time, he has been shown that as political
people, the Assembly is not the proper body to take action on as-
sessments as well as set the mill levy, in fact it is a conflict
of interest to do so. He noted the state has renamed the bridge
in Nikiski as recommended by the Assembly.
Mayor Gilman noted he has been involved in local government for
15 years and in that time only one other Alaskan has held the
position Mrs. Glick has been elected to as 1st Vice President of
the Western Interstate Region of National Association of
Counties. He congratulated her, stating every opportunity to ac-
quaint people "outside' with the Peninsula is valuable.
Mrs. Glick spoke of her contacts with people through NACo from
all the states, picking up information regarding problems that
exist in this area as well. She reported she does her best to
promote the state and felt the costs were well spent, noting that
next year the WIR Board will be meeting in Anchorage.
T. INFORMATIONAL MATERIALS AND REPORTS
10
U. NOTICE OF NEXT MEETING AND ADJOURNMENT (June 20, 1989)
Pres. Sewall announced the next meeting will be June 20, 1989.
This meeting was adjourned at 12:18 a.m.
Date approved June 20, 1989
01
nathan W. Sewall, Assembly President
A ST:
orough Clerk
11
kfiiA f fNINSUI A MN —PROFIT A5MCIATA9N
P.S. ANY Z4fZl NFO ••.
AlASM 9 6I t
June 26, 1989 K
z%�'1�t t101,6�
ATTENTION NON-PROFIT PERMIT HOLDERS:
Your ability to conduct any type gaming activity will be adversely affected by
new gaming regulations proposed by the Department of Revenue. The most
damaging changes will affect pull -tab activity and your ability to conduct
gaming through third party agreements with commercial establishments. If you
value the privilege of gaming as a fund raising activity you must involve
yourself now by submitting written testimony or comments to:
Paul Diem, Supervisor
Income and Excise Audit Division
Department of Revenue
P.0_ Box SA
Juneau, Alaska 99811-0400
Copies of all testimony or comments should be addressed to:
Hugh Malone, Commissioner
Department of Revenue
P _0. Box S
june3'd, A!a3i:3 991 i i
Larry Merculieff, Commissioner
Department of Commerce
P.O. Box D
Juneau, Alaska 99811
YOUR TESTIMONY MUST BE SUBMITTED BEFORE JUNE 30, 1989.
The Borough Assembly has introduced Ordinance 89-31 which proposes a 5%
sales tax ail charitable gaming proceeds_ The Kenai Peninsula Tien -profit
Association opposes this tax and urges your support. Please address your
written comments to:
Borough Mayor Don Gilman
144 North Binkley Street
Soldetne, Alaska 99669
The Kenai Peninsula Non-profit Association will meet at 7:00 PM, Tuesday,
July, 11,1989, at the Eagles Club in Kenai.
Membership to KPNA is open to every non-profit organization on the Peninsula_
Annual membership dues are $25, and each organization is requested to submit a
letter authorizing voting privileges for your representative *ad an alternate.
Together we can make a difference_
2
KENAI PENINSULA NON-PROFIT ASSOCIATION
TENTATIVE AGENDA
July 1 1, 19$9
1. Call to Order
2. Approve Agenda
3. Approve Minutes from June 13, 1989
4. Approve Treasurer's Report dated July 10, 1989
5. Committee Reports
A. By-laws Committee - Mary Hawkins
1. Number of members needed for inccrDeration
7. ;'1Ei''!he,r o i_�r,a�,�uSe;, cos en=_
r. Associ!ite member status
B. Le.gislative Report - Jack Brown
1. Proposed Borough Sales Tax
?. Report on legality of professional operators acting as
advisors or consultants to area non -profits
6. New Business:
A. Kenai Peninsula Board of Realtors report on KPNA/
7-Eleven proposal
7. Old Business:
A. Chapter 34
B. Discuss election of Board of Directors
C. Letters of voting authorization from all organizations
are needed
K'ENAI PENININ&A NON-PROFIT ASSOCIATIeM
Mi1M1'1ES
.Puce iZ, itlS9
ES The IKWW P"Vinnia ftWrWVff #A
Alaska. The meeting was carat to
to east , June+ 13, Mo, at the u0s Club $ i eeaeMl,
at 7:1slom, by Wo h PresidNHht, Tom Jet.
Members present:
F.O.E. e3525 - Tom" Thompson
Ninilchik Fax Association - Mary Hawkins
Kenai Peninsula Board of Realtors - Patti Williams
Kenai Peninsula Mders AssocUtion - Pat Vincent
People Count, &j# & r'k Club - Jack Brown
Soldotna Chamber of Cn oet - Tom Jam
Absent members:
Young American Bowlers - Doug McKenzie
American Legion Post OW - Les Borgen
Sohiotna Lions Club - Roy C>+s
Soldotna Little Leape - Vaarn; Beh ire
Women's Resource - Jw m Lopez
Loyal Order of Mom
Guests present:
Roger Cunningham - Bill's Distributing, Anchorage
MMSA to approve the Minutes of the May 22,1989.
MMSA to accept the June 12, 1989, Treasurer's Report. $25 annual dues were received from Kenai
Peninsula Board of Realtors and the Nbi7oh* Fair Association.
The By -laid= Committee !report was given by Mary Hawkins. The original By-laws and Articles of
incorpora?ion were signed and copies presented to members. Two By-law revisions were discussed. it
was suggested that the president be authorized to replace officers or board members who have three
lmexcused absenses, and that provisions be made to allow non -voting associate members to join. No
action was taken at this time.
The Legislative Report was given by Jack Brown. KPNA will not register as lobbyists at this time. The
ordinance banning professional operators from the Kenai Peninsula Borough and Kodiak will stand.
Professional Operators must have their pull -tabs out of play by June 30, 1989. The mayor has
introduced Borough Ordinance 89-31 "AMENDW THE KENAI PENMISULA BOROUGH SALES TAX CODE TO
TAX GAMING SALES". A five per cent sales tax is proposed on pull -tabs, and it is not clear as to what
other gaming revenue this tax might also cover. The Kenai Peninsula Non-profit Association will take a
strong position in opposing any tax on charitable gaming revenue. A letter will be set to Mayor Gelman
stating this group's position, and all KONA members were urged to respond to this ordinance before the
July 18,19189, hearing.
MY BUS14ESS:
President Tom Jam discussed the contract and proposal by professional operator, Joe Nyquist, to work
as an "advisor" or "consultant" for the SoMotna Chamber and his offer for that group to take over the
lease in the Soldotna Man location for a "oonsuRing fee" of $SAW per month. The 9olldstna Chamber of
Commerce has turned down the proposal, but at least one other member has been approached by Mr.
Nyquist. The question of the legah'lity of a professional operator being allowed to work as a
"consultant" in the Kenai Peninsula Borough was raised. Assembly ahember Jack Brown was asked to
present this question to Borough Attorney Tom Boodeker for his opinion before KPNA makes public
comment.
Roger Cunningham, Bill's Distributing representative, outlined the basic concepts of the 7-Elelven /
Btll's Distributing proposal which would place a boa] permit in all four of the Peninsula 7-Eleven stores.
He stated that 7-Eleven is very aware of the need to benefit local organizations on the Peninsula and
that an August 1, 1909, starting dale is targeted. The 7-flown sterns would oonti ve to return 60%
to then rprofit. KBNA supporter the %W of filsger's 7-fin" era wnl and She "WrA WftWdus was
fa maraso We i&,% ♦ hew +Lm wsz maAa eapm* a WA w~Aad 4A i.wii *1 V-4 p..,L."Aa bl--A . r
Realtors to hang their permit in all four boas stores. An mat to the nation was made to offer
to #0 IEesai F ft" VMWW, fir #liar ti OO powma
Bowd of "alters WM present W"O"t fa lMar' hill 4f t�ireo�s.
The Chapter 34 charitable gaining regulation proposals were dtsmsed. MMSA to urge the State of
Alaska to completely remove the contents of Chapter 34 and form an advisory board made up of
non-profit permit holders only to assist in revising the existing AS 05,13.
hrdividual organizations offered their written tpsti wq and seven major points of concern will be
addressed by the Kenai Peninsula Non-profit Assesiatim in wr"i"on testimony to be presented to the
Department of Commerce and the Department of kewenue before June 3D, 1989.
1. AAC 34.130: Should be developed to exclude wholesale distributors from retailing
pull -tabs and visa versa. Dual licensing should not be allowed. (Passed 5 yes - i no vote)
2. ACC 34.380: Limiting compensation payment to vendor to 5% of the gross sales
would not be enough incentive for any vendor to handle pull -tom. Pormiteees who have arranged
self -directed cooperative ventures with commercial establishments will be put out of business. KPNA
Woes that a "cap" is needed to eliminate unfair practices, but feels a higher return to the vendor must
be considered. (Passed 6 yes votes)
3. AAC 34.360: KPNA supports the regulation regmririug distributors to be licensed in the
state of Alaska. (Passed 6 yes votes)
4. ACC 34.360: Accounting for prizes and awards; setting a value on goads is
sometimes very difficult. Allowing the award of free paper or packet for as an example, Birthday
Drawings, customarily has been a widiely accepted practice. The state fails to show where the
discomtinxuation of this practice provides for a "tighter" or "fairer" game. (Passed 6 yes votes)
5. ACC 34, 50: Manner of conducting Bingo disallows the use of wild numbers or free
numbers. This wouid remove several popular games from the prog•arn and we submit that you
reconsider. (Passed a yes vote)
6. ACC 34.700: Create a clearer definition of "operator" and "vendor". (Passed 6 yes
votes)
7. ACC 34.050: Background check_ should be conducted any operator, distributor, or
member -in -charge.
The election of the Board of Directors was tabled until the next meeting.
Membership growth will be the resposibility of all members.
The next meeting will be held Tuesday, July 11, 1989, at 7:00 PM at the Eagles.
Each member was reminded to submit the letter of voting authorization from the organization he
represents.
The meeting was adjourned at 11.00 PM.
Respeotfuliy Submitted,
Pat Yinncent, Secretary - Treasurer
:�...�u�
.era YOU ARE INVITED TO
JUN 1989 w
A Luncheon Address by
OF KENA�ti
THE HONORABLE GEORGE SINNER
GOVERNOR, STATE OF NORTH DAKOTA
AND
PAST CHAIRMAN, INTERSTATE OIL COMPACT COMMISSION
Wednesday, July 12, 1989
Mid -Deck Room
Hotel Captain Cook
Doors open at 11:30 a.m.
Luncheon begins at 12 Noon
Pro -paid Reservations
(by Noon, Monday, July 10, 1989)
Cost $20
r
CALL FOR TICKETS
AOGA
272-1481 -
Sponsored by ...
Alaska Oil and Gas Association
Alaska State Chamber of Commerce
Alaska Support Industry Alliance
Resource Development Council
STE
DEPARTMENT OF NATURAL REAOURCiES
P.O. BOX 7034
June 27, 1989 DMSION of OIL AND GAS ANCHORAGE, ALASKA 99510.7034
NOTICE OF
TEMPORARY SUSPENSION OF THE OIL AND GAS LEASING PROGRAM,
CANCELLATION OF
SALE 59 COOK INLET),
SALE 73A
SAFE 5 (AI,A MINIa , 4�A), AND �+t�'=sue
RESCHEDULING OF
SALE 67A (COOK INLET EXEMPT),
SALE 70A (KIPAPUKl ��a_XEMPT),
SALE 57 (NOFtTBU.OE IOO�T"FLL) AND
SALE 64 (KAWIK)�1
The Atka Department of Natural Resources has temporarily suspended the state's oil
and g" leaspram. To i this auspensio�n, Oil and Leaise Sale 59
(�) easel Gas Lane Sals ? (Exer ilk CAI atati Gas
Saae
Sale 56 (l�I� home bA�rt . InftdWw, � and Gas Leas67A (Cow ), IN and� �,il 70Aruk Ulplarhde Exerrmpt), Oil
and tors Lease SWIS 61 (North SIB Fes), arW Ot and Gas Leas* Sale 64 (Kavik)
haws he@ e
This decision to suspend the leasing schedule was made as a result of the Legislature's
failure to sufficiently fund the Division of Oil and Gas' operating budget for FY 90, which
ends ,June 30, t fi
. A n ed loosing,proaram will by reimplemented in FY '91, if
no, — W ,fang is provided In the next leg' session or pmjocts, are reprioritized at
thert''I'mo.
This suspension of the leasing program wiii aiiow the Division of Oil and Gas to
concentrate its remaining resources on the division's statutory responsibilities and other
high priority issues. Permitting of exploration and development activity on existing leases
and ensuring proper accounting of oil and gas royalties will continue to be priorities during
the next fiscal year. Increased monitoring and enforcement of existing leases,
development of a statewide mitigation policy as part of the Alaska Coastal Management
Program regulations, and a review of seasonal drilling restriction to address an expanded
menu of issues are a few of the issues that will also be addressed during the leasing
hiatus. The division will also work to continue to meet numerous challenges in managing
the state's oil and gas interests, including the development of a national wetlands policy,
pending oil and gas related litigation and activities in the support of the opening of the
Arctic National Wildlife Refuge.
The suspension has required the Division of Oil and Gas to reevaluate its oil and gas
leasing program and draft a new five-year leasing schedule. This tentative schedule
anticipates only a one year suspension of the leasing program. If adequate funding for the
division is not made available in FY '91, then additionW alterations to the schedule will be
required.
page -2-
The Commissioner has determined it is in the state's best Interest to cancel 011 and Gas
Lease Sale 59 (Cook Inlet), Oil and Gas Lease Sale 73A (North Slope Exempt), and Oil
and Gas Lease Sate 56 (Alaska Peninsula).
Oil and Gas Lease Sale 59 (Cook Inlet), was scheduled to be held on January 23, 1990.
Under AS 38.05.180(c), Sale 59 itself could be rescheduled for no earlier than
January 1993. In order to minimize the delay in oftdng this acreage, Sale 59 has been
cancelled and the lards will be oonsi rred for inclus!lon in proposed Cook Inlet Oil and
Gas Lease S 74, soheduled for Berner 1991.
Oil and Gas Lease Sale 73A (North Exempt) was scheduled to be held in
June 1990. The specific acr"119 for1w sale has not been identified, making a sale on
that dace impassible. It Is in th# s " _ 4htlirr+e+ld 0 car Sale 73A and include any
sale acreage in future North Slopovk0hpit sus, yet to be scheduled.
Sale 56 (Alaskan Peninsula), was orlq#ully scheduled to be held in June 1989. On
November 2, 11988, the ivision a notice of to decision to postpone the sale until
May 1991 to allow indto �1the oil and gas potential of the sale
area. The division has tertt+ti!ndd tl is littlli irlustry interest inthe Sale 56 area
at this time and that cancellation of thk sale Is in thwI best interest of the state.
The Commissioner has also found it in the state's t
oil and gnats leis sales to now sale diirr w. ON and
Sale 70A (Kuoo*,,uk Upl ', Orra lei
Sale 70A v
Under the
Sales 67A
interest to reschedule four FY '90
Lease Sale 67A (Cook Inlet) and
tuber 26, 1989, have been
041 and Gas Lease Sales 67A and
atsing program was suspended.
Wons3 for ON " Gas Lease
1990. If a decision is made that
the proposed sales best serge the interests of the state, "Information to Bkklers" packets
will also be made available In Juno 1990. If decisions are made to hold these sales, they
are tentatively'a hedulsd''to occur on, 25, 1990.
Oil and Gas Lease Sale 57
June 12, 199b has'been r
(Kavik), prev sly slated to
-Of- James E. Eason
Director
1034b
71
(North Slope iFoot Wills), previously scheduled to be held on
scheduled to ptembor 1a993. 'Oil and Gas Lease Sale 64
be hs 1A In January 1991, has been delayed until May 1991.
-� r hou es: Throw gal s tax -out -with catalo trash
Ma►.il ardes g
;. But now the big mail guys are scream- decision which said mere solicitation by million a year, New York $334 million,
by Neal R. Peirce,. Mg with indignation at the thought that mail didn't constitute doing business in a Texas $ 329 million, Florida $137 million.,
they, like the nation's other retailers, state. That gaping loophole has left the reports the National As�ociauon of Stun
Last year the nation's direct mail-order should have to collect state sales taxes. direct marketers off the sales tax hook Budget Officers.
.i ever Revenue -hungry states and cities,
ion joined by regular retailers who'd 1n-.p a
eis reaped $35 billion in sales, their papers- Brooks (D-Tex.) would force collection of customers and . -commands. 15 percent. of; level playing field, have been
e ; Congress to right things.' They want to
man, woman and child in America=fiad. in; "regular- or systematic solicting of '60s. InabIlity_to collect taxes, on out -of force the 350 biggest mail-order houses,
o be hauled'off to our cities( overIlowing _ sales" in the customer's state. Brooks' bill state sales costs the 50 states`close to $3 which account for 70 percent of the b•-s:
trash would' reverse' a_ 1967. Supreme- Court _ billion a yeaz California is forgoing $389 r Seep 7, coLl
G.-,: '�_.'�_,- �J.': �y a.-_� Y i f.. ...q� .1 �.: '+:.�;r.!' '1•{�-7x.•T �• .-i_15• f• _ _
s. _
a
'�i�+.i� .-.'.-«cw�t,�4-�'-„y.e 1.i:� t ✓ •�: �� �'i. ;`�. - -�;, c
. _ ._ ... «�-- �,,:•.- ---�- ,= ..{-• T..'a '=si'� -I''�J '�'.� >'�3;d•y�y�;•� �''�dEici�`�i;�M=a-r�_•- �t*f�-•r: h -`t' :�t�' _ :f �..`-M-4..'-+ 1 .'i: ..
a
t
� �.�� fir-,.... -
r.zi�'.�, �r , � .rr..�•
ti �;,., �• .h . ,,s....
4
= _ -
Nation's Cities Weekly June 26, 1989
-
write Congress protesting the Brooks bill.
politically." Kasten's counsel to the mail -
home -state sales tax.
Sa1Qs
fro
tax m p.1'"
Other direct mailers have followed suit,
order crowd: "We've got to get consum-
But the white hats in this fight —states
localities —have had trouble getting
-
to the sales tax due in the
using their massive computerized mail-
: ing lists to urge us all to "help stamp out
ers to call or write. We've got to scare
them that it's a big problem ....You
and
and keeping their own act together. They
ness, collect
customer's state. :. :: - ' ti:
The sales -tax advan-_
the ::. , t:
= You - carn.weep when you hear Sen.
should exaggerate." -
Sinner's rejoinder: An adequate state\
disagree on whether states would be re -
quired to share with -,cities the prospective
mail-order giants'
tage, says North Dakota Gov: George
RobertKasten (R); from Land's End's
"un-
sales tax'titerally means the ability to get _
: revenue gain, A state -city compromise, ;
following 18 months, of: negotiation,
Sinner;- is "overwhelming the Main
home- state, claim the Brooks bill
fairly targets the elderly, the handi- •
teachers'salaries within a. civilized range, :
and to get help for. the elderly'1=z��- *: >> :'
seems to have fallen apart -;
Street retailer." It's preposterous, he says; .
for houses to claim the- y're;not .' :capped;: farm families" and "mllion-s'". of
-:, The, big mailers also argue customers
,. But the high stakes are, enough to keep
mail-order
in business in a state when' ah'ey send .
'rothers who rely on mail orders :'for many -
would be hopelessly confused=even ?
`.'abused."=by having to -calculate then
, Both_ sides struggling for.; -victory. >
i Meanwhile, 18 states have gone bads '
delivery, trucks up and down its roads;'' of their basic needs.",_ c ? .:
with catalogs, generate ? One can question whether $6,000 rac-,
own state's sales tax.; They have a point
to court to try, to force out-of-state ma�1-
cram mailboxes
billions of pounds of wastepaper to pick -ing boats, $400 briefcases; $200 neon
Some , states tax , clothutg, :others not, order houses to, collect their taxes, for. '
food, others them. Between a possible Supreme Court
up and dump —and then take their dead-
telephones. and $5,000 jewelry. pieces
some not, ,;;� ;'sr.� a►}r
But Sears and j.G:: Penney, ? reversal and congressional action,Tthe '
beat customers into state courts;'_tir:, -
direct firms. are"not`
T T�eddled to an affluent Yuppie generation
-, are 1 asic needs', that ought to remain
:operatmg
and collecting taxes in all.50 states, have.,.: days of the tax holiday appear Hain-
The mail-order.
about to take. this equity pitch_ lying
tax-exempt.: .r. �,, �:'
easily mastered the varying state. rules ,''� bered ,:j K -;. '= ; _? �►!':'
let the -order.house ;'.. If you want a $1,000 computerized
down. In February, one million custom-- �. But when. Kasten spoke in May to the .
ers of Lands's End, a massive Wisconsin= ` - Direct Markting Association, the indus-
Most customers mail
add up the final cost anyway. So what?,
treadmill, better. call up and order. it
based direct retailer, found -snuggled "
try's lobby arm, he suggested emphasiz-
one asks; if an, L.L. Bean or. Sharper..
now ❑ ::..
among ads for turtlenecks and resort.
ing customers' 'suffering because, hard-
business is "not as
Image has to reprogram its state -of -the -
art computers to calculate a customer's
(c) 1989, Washington Post Writers Group
slacks a "tax alert". flyer urging them to
"' ship imposed on good
NOW.-!""
CITY OF HAINES
PROCLAMATION
WHEREAS, the concept behind the American Bald Eagle Foundation,
originated in Haines then grew into reality and high potential out
of the dedication of our citizens and others throughout Alaska, the
Lower 49 and Canada; and,
WHEREAS, the Foundation's work promises the development of a body
of scientific knowledge and economic support for Alaska through
tourism and educational opportunity; and,
WHEREAS, the Foundation recently joined with the University of
Alaska -Southeast to form the American Bald Eagle Research Institute
for the purpose of executing research and educational programs;
and,
WHEREAS, the Institute shall be headquartered in Haines, home of
the Founding Chapter of the American Bald Eagle Foundation; and
WHEREAS, the presence of the Institute here shall distinguish the
Foundation, the University, the people of Haines and all Alaska,
and Alaska's foresight in honoring America's National Symbol in so
practical a way;
NOW, THEREFORE, I, MAYOR FRANK L. WALLACE, HEREBY DECLARE JUNE,
1989 TO BE CALLED, "AMERICAN BALD EAGLE RESEARCH INSTITUTE MONTH"
IN THE CITY OF HAINES; AND,
I FURTHER DIRECT, WITH SUPPORT FROM THE MEMBERS OF THE HAINES CITY
COUNCIL THAT COPIES OF THIS RESOLUTION BE DISPATCHED TO THE
FOLLOWING LEADERS, THAT THEY MIGHT JOIN IN CELEBRATING THIS MOST
RECENT MILEPOST OF ALASKA'S HISTORY:
-Honorable
-Honorable
-Honorable
-Honorable
-Honorable
-Honorable
-Honorable
-Honorable
-Honorable
-President,
George Bush
Steve Cowper
Steve McAlpine
Ted Stevens
Frank Murkowski
Don Young
Dick Eliason
Peter Goll
Ben Grussendorf
American Bald Eagle Fo dation
ATTEST:
41'WIt2l
Susan V. J nston, City Clerk
-Other members of the Alaska
State Legislature
-Alaska Mayors
-University of Alaska
President
-University of Alaska
Southeast Chancellor
W
rank L. Wallace, Mayor
S E A L:
.T..Wpo - /0?
TO DO LIST
June 29, 1989
KENAI CITY COUNCIL WORK SESSION
1. T. Rogers - Airport terminal lease agreements - draft
for 7-5 meeting, discuss at 7-19 meeting.
jr NN
0
Date Department
6/16/89 Boating Facility
6/21/89 Clerk s-)
6/22/89 Boating Facility
6/22/89 Sewer
6/22/89 Boating Facility
6/28/89 Legal
6/29/89 Sewer
CITY Or KENR I
FOR COUNCIL I NrORM(1TI ON
Transfers of Funds under $11000 (KMC 7.25.020)
Amount
From
To
$800.00
Contingency
Sm. Tools
40.00
Office Sup.
Print & Bind
100.00
Contingency
R & M Supplies
600.00
Contingency
R & M
71.00
Contingency
Advertising
326.82
Communications
Misc/Mach&Eqt.
342.00
Contingency
R & M
Explanation
Tools needed to work on dock
Cover cost of microfilm of records
R&M supplies to build railing
Repairs to lift stations
Ad for Dock Manager
Underestimated need
Repair Lift Station motor
IN
r�
ZNFo -l�
c
ESTIMATE N0: 2a,� t
CITY OF KENAI
Linwood, Candlelight, Kaknu, Lawton
Project Baker & Kians Street Improvements - 1988-
Contractor Quality Asphalt Paving
Q
O
0
0
0
0
11
Address 4025 Rasberry
.... ..........M ...� ... . .
fdR t0V Mr M C_�
CAJAet 'S�
puNic Works C:N
C F' =S PA)
* `�. suwm
m
j may. 046--..�.- 610--
Anchorage, AK 99502 Project No.
Phone 243-2212 Period From h 10 g to 6 22 89
ANALYSIS OF ADJUSTED CONTRACT MOUNT TO DATE
Original contract amount $ 391,725.50
Net change by change orders
Adjusted contract amount to date
391,725.50
ANALYSIS OF WORK COMPLETED fro 7 6 2, o o
Original contract work completed J-149r46240
Additions from change orders completed -0-
Materials stored at close of period
Total earned O +O +Q =
Less retainage of 10 percent
Total earned less retainage O7 - O -
Less ;amount of previous payments
Balance due this payment
M
�S-07
42,587.59 _-
q3 0 9 z
� Q
73 7..-o . d'o ?dam
PAY ESTIMATE
CERTIFICATION OF CONTRACTOR •____
N O ; 2
Page a of
Accordinc to the best of my knowledge and belief, I certify that all items and amounts shown on the face of this Periodic Estimate'
for Partial Payment are correct; that all work has been performed and/or material supplied in full accordance with the requirements
of the referenced Contract, and"or duly authorized deviations, substitutions, alterations, andlor additions; that the foregoing is a
true and correct statement tat the contract account up to and including the last daf of .the pieriod covored by this Periodic Estimate;
chat no part of the.::Uelace Due This Payment has been received, and that the undrrsigined and his subcontractors hare -(Check
app!reabtr It<n.r
Complied with all the labor provisions of said contract.
b. C Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with cc-
SpCCt to Said labor provisions. (it (b) is checked, describe t•rrelty nature of dispute.)
o t. ia.1_ti'_ As-phalt Paving By
( Cuntractor)
mar ► ft'a, MMf". r
of Aujlaarrzed Representatwer
dune 26 , 19-89 Title �'roject Superintendent
CERTIFICATION OF ARCHITECT OR ENGINEER
1 certify that I have checked and vetified the above and faregoinc Periodic Estimate tor Partial Payment; that to the hest of my
knowivdi:c and belief it i, a true and correct statement or work rerformed %nJ,or material supphi:J by the contractor: that all
work an.i. ,r material in:luJcd in this ftvriodic F-t6mate has been in%pected by me anJ or by my duty authurirrd rerresentative fir
jssirtane., and that it h.%% been performed anal 'or %urpiit:J in full t:corJancv with requirements or the reference contract; and •
that ;..trial rayment claimaJ and requested by the contractor is currcctly ramruteJ un the basis or work peritrrinud ,tnJ-•rr matt:-
rial ,urrii-i i:, date.
` e
Sign•. 4� L
L" fAr. h, act merr)
Date z$ l85
PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER
Chrak type ut parmenr certified:
1 havc :Itc:lr.f thi, a••.trmate .t,•.uu,t tha :antra:t••r•, s hr•,!uh• or Ar-ourtt., bw C.,tetract P.-ot- enf., the note, and rePortc of my
rat tl:e rr.,ic:t, .ut.: t!tr 1`t•rt.,,ir: rcl'.ai, ,uhru:ta•.i .a• :6- .rnhuca•t it t, mr tauten that :hc ,tata•mt•n, of
aria ; :i.,:era I .ttlJ, of niaty:r.ti.-ulrlt:.: 1, a:cur a:v, t:t•tt sac .rntractor 1% „i+,ream. the mquirvment.s au the contrast, ana
that rise :entra:tur 1I1UUIJ be ;.u.i the .rm.,unt rv,luv,tUd .thuvr.
t l,tr:;.% t1.,d a.i w.^.w an.i r,r c:•uorlal, un.:t. tht :.•nua.I a.r, ;•acit in,ra:ICd 1,% m au: tit.,t it a.t, 1,vvn ;artormav anJ'„ ,up.
-*Itra 1n 16il arc ur.:a n:e w tie trtr requrrcmurit, ..1 the aarilt.t::.
->� L
(1:w!J Envrnrrrr tD�tel
� .rnrr..: :. nv Clf,: a-•
APPL AT[ON AND CERTI
TO (OWNER); City of Kenai
1
m
FROM (CONTRACTOR): 10
G & S Const
CONTRACT FOR: Kenai Ai roor
}
ATE FOR PAYMEN A/A DOCUMENT G702 (Instructions on revers
t10
1
CONTRACTOR'S APPLI
naI
8L
PROJECT: T: Ai rport Termi ral-`-"mo' er—
/7 i /J, (J ZiW l 'Lif
IA (ARCHITECT). t
41i l l i am Kluge'
N FOR PAYMENT
CHANGE ORDER SUMMARY
Change Orders approved in
previous months by Owner
TOTAL
ADDITIONS
DEDUCIIONS
Approved this Month
Number
Date Approved
TOTALS
':V1 p 1
Net change by Change Orders` --
The ucde'r<i ne d U(intrac Inr certitie,; that ttt the hetit of the Contra(tor',; C:oovdvd e,
information and hchel the �%ork covered by this Application Inr P.'�mcnl has been
completed in accordance with the Contract Documents, that all amounts have been
paid by the Contractor for Work for which previous Certificates for Payment were
issued and payments received from the Owner, and that current payment shown
herein is now due.
APPLICATION NO: %�
PERIOD TO:
ARCHITECT'S
PROJECT NO:
CONTRACT DATE: 12-14488
Distribution to:
t. ; 0%%'NER
ARC I I II L CT
F ' CONTRACTOR
Application is made for Payment, as shown below, in connection %%Olt the Contract.
Continuation Sheet, AIA Document G703, is attached.
/
1. ORIGINAL CONTRACT SUM .......................
5 697 . 700 .00
2. Net change by Change Orders .....................
5 — 1 -_.0"
3. CONTRACT SUM TO DATE (line 1 ± 2) ..............
✓
4. TOTAL COMPLETED & STORED TO DATE ............
S v ti1�t
- (Columns on G703)
5. RETAINAGE:
a. �� % of Completed Work 5 3�ToS1
(Colurnn D + E on G703)
b. — `V. of Stored Material 5 _ CD r
(Column F on G703)
Total Retainage (Line 5a+5b or
Total in Column I of G703) .....................
$ /
6. TOTAL EARNED LESS RETAINAGI ...................
(line 4 less Line 5 Total)
LESS PREVIOUS CERTIFICATES FOR
PAYMENT (Line 6 from Certificate)
p®
prior .........
8. CURRENT PAYMENT DUE ..........................
9. BALANCE TO FINISH, PLUS RETAINAGE .............
$ `- 7
(Line 3 less Line 6)
CONTRACTOR: G & S Construction State of: County of: •
R. Raniel Green own& Subscribed and sworn to before me this day of ,19
Js
•,By:_ � Date: L - Z '-' - � i�ly C,ummissrvn exiapires:C- �'
AMOUNT CERTIFIED ................................ $ `�
ARCHITECT'S CERTIFICATE FOR PAYMENT (Attach explanation if amount certified differs from the amount nK
In accordance with the Contract'Documents, based on on -site observations and the ARCHITEC I i dm 1 Uge �G
data comprising the above application, the Architect certifies to the Owner that to the
best of the Architect's knowledge, information and belief the Work has progressed as 8): Date: —
indicated, the quality of the Work is in accordance with the Contract Documents, and This Certificate is not gotiable. The AMOUNT CERTIFIED is •� the
the Contractor is entitled to payment of the AMOUNT CERTIFIED. Contractor named herein. Issuance, payment and acceptance of I 0 ~tout
prejudice to any rights of the Owner or Contractor under this r
AIA DOCUMENT G702 • APPLICATION AND LERTIFICATE FOR PAYMENT • MAY 1983 EDITION • AIA' 1983 f i__ `. _ I ; { j190
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W. WASHINGTON, D.C. 20006 t� C C L I �_; �� (. \`_�`
qr
SUN 19,99 HELP PLAN YOUR AML CONFERENCE
xFNA 9TH ANNUAL LOCAL GOVERNMENT CONFERENCE
6r� Z4r
�$L95iir6
The 39th Annual Alaska Municipal League Local Government Conference will be held
in Juneau on November 15-17. Preliminary plans call for training sessions and
workshops to be held throughout the conference period, beginning on the morning of
Wednesday, November 15. The AML Board and staff are now starting to plan the
program for the 39th Anneal Conference, and we want it to be the most useful ever for
you, our members. To make sure that it is beneficial to you and your municipality, we
need your help -- please complete and return this form by July 10 to let us know your
interests.
Indicate below which training or workshop topics would be most helpful to you and your
municipality. If we have missed something that is important to you, let us know by
writing it in or maltking a note below. Topics will be chosen based upon responses to
this questionnaire, so each and every municipal ma's response is Important -- please
take a fear minutes to let us know what you would like to see included in this year's
conference.
It is very important that we hear from you, the AML members, about your interests and
concerns so that we can plan a conference that serves your needs. Much time and
expense go into conference planning, and we want our efforts to benefit you. To do
that we need to know about the issues that are the most pressing for you and your
communities.
We appreciate your help — THANK YOU
WORKSHOPS/TRAINING SESSIONS:
I have indicated below the ten topics I feel are most important to me as a local
government official and to my municipality. I would like to learn more about these
topics during the AML Local Government Conference in November 1989. 1 have
indicated their importance by ranking them from 1 to 10, with 1 being the most
important.
accounting & budgeting, e.g.
collective bargaining & labor relations
for selection, retention,
computer applications, e.g.
& evaluation
conducting meetings
attomey selection, retention,
contracting city services
& evaluation
council or assembly/manager relations
building public support for local govt.
crosscultural communication
capital facilities planning
cutback management
campaigning
disaster planning
cash management
downtown development
census ages
economic development, e.g.
citizens as customers
education funding
clerk selection, retention, & evaluation
employee pay and benefit plans
(OVER FOR MORE)
r T.r • : •
ethics
federal budget knpacts
ftd" tax code changes
ftwickv bow govWnment, e.g.
*Wcft public
i :: d� d 1 :II •
healM 3 social
IL
•
housing, •
•'" f d' L: i P
•
:.
land use planning, e.g.
leadership I.
HELP WITH CITY PROBLEMS:
lobbying skiffs
Media relations
natural resources • use
personnel
• •:d
lement, e.g.
pubic •
public "• •
records management
remm d slWnadves
sharingrevenue
sold w=19 disposal
taxation,
Title .'
utility marlagement
wMen hd t • s
(OTHER)
•
I would like to see the following specific problems or concerns addressed during the
1989 Conference. I have also Included my suggestions for workshop topics, training
programs, and speakers.
GENERAL SUGGESTIONS OR COMMENTS:
I would like to offer the following suggestions/comments regarding plans and
arrangements for the 1989 Conference.
If you have additional comments, please attach a separate sheet.
Name Title Municipality or organization
Please retu i n by July 10, 1989 to Alaska Municipal League, 217 2nd Street,
Suite 200, Juneau, Alaska 99801.
AM
ume 10, No. 1 1
Insurance Poo
Administrator H 01
Resigns; Program on
Track for FY 90
Phil Younker, Chairman of the Board of
Trustees of the Alaska Municipal League Joint
Insurance Association, Inc., announced the
resignation of AML's insurance program ad-
ministrator, Robert Healey, effective June 30,
1989. In accepting Healey's resignation at a
special AML/JIA Board meeting held by tele-
conference in June, Chairman Younker ex-
pressed the Board's regret in losing Bob
Healey but assured current and prospective
AML/JIA members that the association will
continue to provide and improve its risk
management and protection services. Re-
cruitment of a new AMUJIA Administrator
has begun.
Commenting on his resignation, AML/JIA
Administrator Healey complimented the
AMUJIA program and the strong leadership
provided by the Board of Trustees. "Unfor-
tunately primarily due to health problems I
(71bave to resign instead of staying with the
iMUJIA and participating in its inevitable
growth and success;' said Healey. AML/JIA
Chairman Younker said that Healey had
served the participants and the program well
in his short tenure as Administrator and, on
behalf of the AML, the Board of Trustees, and
the current participants, wished Healey well
in his future pursuits.
Younker said that based on the preliminary
information from the association's financial,
actuarial, and insurance consultants and on
the interest expressed by over 30 prospective
new members, the program would be even
stronger in its second year, which begins July
1, 1989. The 38 current participating munici-
palities and school districts were provided
rates for the FY 90 policy year in late May.
The AMUJIA will make quotes available for
any municipality or school district interested
in joining the risk management and insur-
ance "pool." As a major service improve-
ment, Younker said the AML/JIA Board ap-
proved a new position in the FY 90 budget
for a safety and loss control manager to pro-
vide full-time safety and loss control manage-
ment services, including frequent site visits,
to the AML/JIA participants.
The AMUJIA began operation on July 1,
1988, providing insurance and risk manage-
ment services to 37 municipalities and
,'`%chool districts as a service of the Alaska
Municipal League. Nondalton became the
association's 38th member on May 31, 1989.
As an insurance pool, these entities parti-
cipate in an association to provide property,
SLETTER
MUNICN"AL LEAGUE
June/July 1989
presidency of the Western Interstate Region (WIR) of the National Association of Counties
(NACo) in 1990. She is pictured at the recent WIR conference in Cascade County, Montana,
where she was elected First Vice President.
Glick to Head WIR
Betty J. Glick was unanimously elected the
First Vice President of the Western Interstate
Region (WIR) of the National Association of
Counties (NACo) at the WIR Conference in
Cascade County, Montana in May. Glick,
past president of the Alaska Municipal
League, a Kenai Peninsula Borough Assembly
member, and a trustee of the Alaska Munici-
pal League/Joint Insurance Association, has
been involved with WIR and NACo since
1982. She has served on the WIR Board
since 1984, representing Alaska and the
workers compensation, general and automo-
bile liability, police professional, abd public
officials liability coverages.
Robert Healey was hired as the first, full-
time AML/JIA Administrator on November
14, 1988. As of June 30, Bob will be returning
to Arizona. To ensure a smooth transition,
AML Executive Director Scott Burgess, with
the assistance of AML/JIA Administrative
Assistant Peggie Ward, will oversee the day-
to-day operation of the association until a
new Administrator is hired and on board.
The AMUJIA Board of Trustees will continue
its active policy oversight of the association.
Municipalities or school districts interested
in receiving insurance quotes or services and
others interested in information about the
AMUJIA should contact the AML/JIA offices
in Juneau at 586-3222.
Alaska Municipal League and is also on
NACds Public Lands Steering Committee.
The National Association of Counties is a
nationwide, nonprofit membership organiza-
tion of borough/county-level governments.
NACo serves as an advocate for borough/
county -level government before Congress
and federal agencies, acts as a clearinghouse
for information on federal and state issues
that affect borough/county-level govern-
ments, conducts training for local govern-
ment officials, provides information through
its newspaper and other publications, and
conducts an annual conference for policy
development and training.
The Western Interstate Region is an affili-
ated group of NACo comprised of member
counties and associations from fifteen states:
Alaska, Arizona, California, Colorado, Hawa-
ii, Idaho, Montana, New Mexico, North Da-
kota, Nevada, Oregon, South Dakota, Utah,
Washington, and Wyoming. WIR was origin-
ally formed as an alliance to represent the
common interests of the western states, which
have a large portion of federal ownership
and share the impact of federal land policies.
Alaska heads the list with 87.1 percent of the
state owned by the federal government.
As First Vice President, Glick will become
the president of the organization next year
when WIR holds its conference in Anchor-
age, May 9-12, 1990.Over 350 delegates are
expected to attend.
President
Delbert Rexford
Assembly Member, North Slope Borough
First Vice President
Dorothy )ones
Mayor, Matanuska-Susitna Borough
Second Vice President
Jerome Selby
Mayor, Kodiak Island Borough
Immediate Past President
Heather Flynn
Assembly Member, Municipality of Anchorage
Directors
Dave Dapcevich
Assembly Member, City and Borough of 5itka
Rosalee Walker
Assembly Member, City and Borough of Juneau
Kristin. Lambert
Council Member, City of Soldorna
Sally McAdoo
Council Member, City of Valdez
Joe Evans
Assembly Member, Municipality of Anchorage
Heather L. Sewell
Mayor, City ofAnderson
Paul Chizmar
Assembly Member, Fairbanks North Star Borough
Frederick Bradley
Mayor, City of Elim
Harry Purdy
Council Member, City of Galena
Paul Fuhs
Mayor, City of Unalaska
Willie Goodwin
Mayor, City of Kotzebue
Past Presidents
Betty Glick
Assembly Member, Kenai Peninsula Borough
George Carte'
Mayor, City of Palmer
Ex -Off icio Directors
Marcella Dalke
Alaska Association of Municipal Clerks
Lee Sharp
Alaska Municipal Attorneys Association
Dave Palmer
Alaska Municipal Management Association
Executive Director
Scott A. Burgess
Staff
Chrystal Stillings Smith
Programs Manager
Kevin Smith
Staff Associate
Phyllis Larson
Administrative Assistant
Glenda Catli
Secretary
AML41A
Bob Healey
Administrator
Peggie I. Ward
Ad m ini,tra Live Assistan t
Palmer Among Nation's Best
The City of Palmer was one of thirty
finalists for the National Civic League's All -
America City Award, sponsored by the All-
state Foundation. The annual awards recog-
nize communities' efforts to bring business,
government, civic organizations, and in-
dividuals together to solve a range of local
problems.
According to Palmer Manager Dave Sou-
lak, the city's presentation focused on recent
successes in the area of economic develop-
ment, specifically downtown redevelop-
ment, the musk ox farm, and the 18-hole golf
course, which is scheduled to open in 1990.
Palmer was the only Alaskan city to be
selected among the finalists this year; last
year the City of St. George, Alaska,.was
chosen as an All -America City.
The thirty finalists survived an extensive
screening and evaluation of 109 applications
by a committee headed by Don Borut,
Deputy Director of the International City
Management Association. Borut comment-
ed, "the competition was unusually stiff this
year ... We were impressed with the num-
ber and quality of this year's applications,
which presented enormously innovative
community projects" The finalists were in-
vited to compete for the honor of being All -
America Cities during a three-day event in
Chicago in May. Ten citizens represented
Palmer in Chicago. In discussing the ex-
perience, Soulak mentioned that Palmer's
presentation, which included a videotape,
was highly regarded but that action on social
issues such as homelessness seemed to
dominate this year's competition.
Named as winners during the National
Civic League's 40th annual All -America City
Awards banquet were Phoenix, Arizona; In-
glewood, California; Greeley, Colorado;
Peoria, Illinois; Salina, Kansas; New Bedford,
Massachusetts; Tupelo, Mississippi; Dunn
and New Bern, North Carolina; and
Roanoke County, Virginia. Representatives of
the All -America Cities and finalists will be
honored by President Bush at the White
House later this year.
Communities interested in applying for the
1990 All -America city competition should
contact the National Civic League at 1601
Grant Street, Suite 250, Denver, Colorado
80203, 303-832-5615.
AML NEWSLETTER
New Edition of Products and
Services Directory Planned
AML will publish the 1989 Local Govervr
meat Products and Services Directory t4,
August and is seeking names of firms that
should be listed in this important resource
for Alaska's local governments. The directory,
first published in 1988 and updated annually,
is intended to help AML members locate
suppliers of goods and services. Also provid-
ed are contact names and numbers and ref-
erences of -Alaskan municipalities that have
done business with the firm. Over 1,400 cop-
ies of the 1989 Directory will be distributed.
Firms or organizations that want to be in-
cluded in the Directory should contact AML
at 586-1325 immediately as the publication
deadline is June 30. Municipalities are en-
couraged to provide AML with names of sup-
pliers they think should be included. Both
listings (by category) and space advertising
are available. Call AML at 586-1325 for more
information.
Conference Planning
Picks Up —Resolutions
Deadline October 1
With the legislative session completed, the
AML staff is gearing up for the next big event,
the 39th Annual Local Government Con-
ference, which will be held November 15-1
in Juneau. The meetings will be held at
Centennial Hall and blocks of rooms have
been reserved in all of Juneau's downtown
hotels. Information about conference regis-
tration, housing, and program events will be
available beginning in mid -summer, but
municipal officials should mark their calen-
dars now so they can be sure to attend the
largest annual gatheirng of local government
leaders in Alaska. Pre -conference events, in-
cluding association meetings, will begin on
Sunday, November 12, conference events
will start Wednesday, and the annual ban-
quet will wind up the conference on Friday,
November 17.
As in the past, resolutions for considera-
tion by the members must be submitted by
October 1 or they will not be available in
conference registration packets. Information
about resolutions format and about how to
nominate a candidate for the Board of Direc-
tors will be sent to members in mid -summer.
217 2nd Street • Suite 200 • Juneau, Alaska 99801 • (907) 586-1325
Page 2 June/July 1989
Management Assistance Programs Offered by AMMA
Municipalities may be faced with the need
for interim management when a vacancy oc-
urs or they may need special management
assistance to solve a thorny problem.
Sometimes in-house staff do not have the
specific expertise to address the problem, do
not have the time, or simply would like a
fresh perspective.
Sometimes, too, the manager needs some-
one to talk with —about relations with the
councillassembly, how to solve a personnel
problem, what needs to be done to reor-
ganize a department, or how to survive in an
isolated position.
The Alaska Municipal Management Asso-
ciation and the Alaska Municipal League
with the assistance of the Alaska Department
of Community and Regional Affairs have ta-
ken the lead in establishing two programs to
help —the Interim Management Services Pro-
gram (IMSP) and the Range Rider Program.
Interim Managers Available Talent Bank
Needs More Members
Does your municipality need someone to
fill a vacant management position while you
conduct a search for a new department
head, do you need someone to come in as a
troubleshooter and help a department solve
some problems, or does the council need
,,Someone to act temporarily as manager/ad-
ninistrator when the incumbent moves on
to another job? If so, you should consider
calling the Talent Bank of the Interim Man-
agement Services Program (IMSP) to see if
one of our interim managers can help.
Would you as a manager be interested in
an interim position as a municipal manager
or would one or more of your department
heads be available to help other Alaskan
communities for a short time? If so, you or
they should consider applying for the Talent
Bank.
The IMSP was established last year by the
Alaska Municipal Management Association,
Alaska Municipal League, and Alaska De-
partment of Community and Regional Affairs
as a way to help Alaska's cities and boroughs
maintain continuity and quality in local gov-
ernment management.
Municipalities may need an interim mana-
ger while they conduct a search, especially if
they do not have a large reserve of expertise
on their staff or if an appropriate staff mem-
ber might be a candidate for the position. in-
terim managers may not be considered for
employment nor employed by the munici-
pality for a period of one year following their
interim contract, so they can remain neutral,
open-minded, and objective about manage-
.,-a�nnent decisions during their tenure. Con -
facts for interim management services are
between the interim manager and the
employing municipality. No interim manager
may serve longer than six months in any one
position.
Each applicant forthe Talent Bank must be
approved by the heads of the three sponsor-
ing organizations (AMMA, AML, and DCRA)
to ensure that recommendations made by
the program are of experienced and well -
qualified people. At the present time, three
people are in the Talent Bank: Jim Kennedy,
Ed Pefferman, and Jim Van Altvorst. We hope
to expand the pool rapidly so that we can
provide municipalities with approved can-
didates with a wide range of expertise.
A copy of the "Criteria for Screening Talent
Bank Applications" is available from Chrystal
Smith, AML Programs Manager, and AMMA
Executive Assistant. Applications from
managers and other administrators who
would be available for short-term appoint-
ments are encouraged. They must include a
letter of interest specifying the types of posi-
tions in which the applicant would be in-
terested, a statement that the applicant
understands he or she may not seek nor ac-
cept permanent employment with the in-
terim employer, a resume showing work and
educational background, names and contact
phone numbers of at least three professional
references, and, if applicable, a letter from
the applicant's current employer stating will-
ingness to release the individual to serve in
an interim management position. Appli-
cations should be sent to Chrystal Smith,
AMMA Executive Assistant, 217 2nd Street,
Suite 200, Juneau, Alaska 99801.
Range Rider —Friend to Managers
The Range Rider Program can provide con-
sultation or assistnace to municipal mana-
gers on a short-term basis by phone or in per-
son. Rocky Gutierrez is the current Range
Rider, and he is available to help managers
with a wide range of problems. He helped
the former manager of Craig, Dave Palmer,
solve a personnel problem, and assisted
Kevin Ritchie of Juneau by assessing the
structure and services of the municipality's
Engineering Department. Kevin said, with
reference to the assistance he got from
Rocky, "Rocky's advice was excellent. He
came in and gave us a fresh perspective and
some new ideas. We could have spent sev-
eral thousand dollars on a consultant and
not gotten a better product."
Rocky has extensive experience in munici-
pal government and can serve as a good
sounding board when a manager needs to
talk with someone. Managers are encour-
aged to give him a call at 747-8112 in Sitka.
The Range Rider Program is jointly spon-
sored by the Alaska Municipal Management
Association and the International City
Management Association, and there is no fee
for the Range Rider's services. Municipalities
that are able to pay for travel, per diem, and
other incidental costs for Rocky to come visit
are expected to do so, but financial assis-
tance is also available. For more information,
call Chrystal Smith at 586-1325.
Municipal Official and
Municipal Employee of the
Year to Be Selected
The Alaska Municipal League will be
honoring a Municipal Official of the Year
and a Municipal Employee of the Year
beginning this November at the AML Annual
Conference in Juneau. The AML Board of
Directors approved the new Excellence In
Local Government Awards Program at the
February Board meeting to recognize in-
dividuals from member municipalities who
have made lasting and worthwhile contribu-
tions to local government, the citizens of
Alaska, and the Alaska Municipal League.
In addition to the two major awards, the
program also includes a new Certificate of
Appreciation and the Alaska Municipal
League's Outstanding Contribution Award.
The Certificate of Appreciation can be
bestowed any time at the discretion of the
Executive Director and the Board, and the
Outstanding Contribution Award will be
presented at the annual conference to in-
dividuals who the Board of Directors wishes
to recognize as having made extraordinary
contributions to the League.
Nominations for the Municipal Official of
the Year and the Municipal Employee of the
Year are being accepted from now until
September 30, 1989. A nomination form is
included with this newsletter and will be sent
with a copy of the rules to each municipality.
The nominees will be judged by the AML
Board of Directors based on the following
criteria:
(1) A nominee must come from a member
municipality.
(2) Nominees will be judged on their con-
tribution to local government at the state-
wide level and, if their contribution is an in-
novative program, by the adaptability of the
program to other municipalities.
(3) Nominees will be judged on their con-
tribution to the betterment of local govern-
ment within their municipalities.
(4) Nominees will be judged on their con-
tribution to the AML and how their efforts
have assisted all municipalities in the State in
pursuing the recognized goals of munici-
palities.
The intent of the criteria for these two
awards is to narrow the field to the in-
dividuals who have made the most outstan-
ding contributions to local government
statewide.
Annual winners will receive an individual
plaque at the AML Annual Conference and a
write-up in the AML Newsletter and their
names will be listed on plaques that will re-
main permanently at the AML office in
Juneau.
September 30 is also the deadline for
nominations for the Outstanding Contribu-
tion Award. Nominations will be accepted
(continued on page 4)
AML Newsletter Page 3
AML Subscribes to Local
Exchange Database
The Alaska Municipal League has recently
subscribed to Local Exchange, a new elec-
tronic information service developed by the
National League of Cities (NLC), the Interna-
tional City Management Association (ICMA),
and Public Technology, Inc. (PTI) for local
governments and state municipai leagues. In
addition to speeding response time to mem-
bership information requests, Local Ex-
change will enable the Alaska Municipal
League and municipal subscribers to gain
ready access to information from a variety of
databases.
Replacing the old LINUS service, Local Ex-
change offers more information access at a
lower cost. Affiliated with the Telenet net-
work, the most widely used public data net-
work in the world, Local Exchange allows ac-
cess to an increasing number of urban -
oriented databases, including a weekly ab-
stracting service of publications focusing on
municipal issues; case studies that document
how local governments have solved com-
mon problems; economic development acti-
vities in our nation's cities; cable television
and telecommunications issues facing local
governments; microcomputer applications
Awards
(continued from page 3)
from any AML member, municipal or
associate, the Board of Directors, or the Ex-
ecutive Director through the use of the
nomination form. The Board of Directors
and the Executive Director will judge
nominees based on the following criteria:
(1) Contribution to the League
(2) Promotion of League ideals, philo-
sophy, and goals
(3) Contribution to local government on a
statewide level
(4) Involvement with municipal concerns
and issues
(5) Statewide leadership
Winners of the Outstanding Contribution
Award will receive an individual plaque at
the AML Annual Conference.
Recognition of the hard-working indivi-
duals in your municipality is important, as is
the recognition of those individuals who
help local governments in general through
their contribution to the AML. In addition,
having a winner from your municipality is
good public relations. Please take time this
summer to evaluate your elected officials
and your employees and nominate your
finest for these awards.
and information; administrative job openings
in local government; a "Quest" database
useful for identifying cities that may have
worked on problems similar to yours; and
legislative updates and alerts from NLC's Of-
fice of Federal Relations. Each of the data-
bases can be searched for subjects and
topics that are of interest to your munici-
pality.
Subscribers to the Local Exchange service
are also able to access commercial databases
like the UPI News Service and the Official
Airlines Guide.
The Government Finance Officers Associa-
tion (GFOA) recently joined the service and
offers access to a financial news service
designed for local governments that includes
timely information from the Dow Jones
Capital Markets Report newswire. Electronic
mail, on-line workshops, gateways to com-
mercial services, and an easy connection to
FAX machines are other capabilities the net-
work will provide.
The equipment necessary to use the serv-
ice includes a microcomputer or terminal
with a modem, telecommunications soft-
ware, and access to a telephone. Then you
just dial the phone, enter your password, and
you have access to everything the system has
to offer.
The subscription fee for joining Local Ex-
change varies according to the population of
the municipality in which you live. For muni-
cipalities with populations under 25,000 thy"'
cost is $300 a year, for municipalities with
populations of 25,000 to 100,000 the cost is
$500, and for municipalities whose popula-
tion exceeds 100,000 residents the cost is
$700. Subscriptions are also available to
other public sector agencies and private sec-
tor organizations. Subscription fees do not
include hourly connect charges, which vary
according to the service component you use.
Long distance charges can be avoided or
reduced by many Alaskan muncipalities by
using Alascom's Alaskanet numbers in An-
chorage, Barrow, Bethel, Cold Bay, Cordova,
Deadhorse, Delta Junction, Dillingham, Fair-
banks, Glennallen, Homer, Iliamna, Juneau,
Ketchikan, King Salmon, Kodiak, Kotzebue,
McGrath, Nome, Northway, Palmer, Prud-
hoe Bay, St. Paul, Seward, Sitka, Soldotna,
Talkeetna, Tanana, Valdez, Whittier, and
Yakutat.
If you need more information or are inter-
ested in a subscription to Local Exchange,
contact Olivia Pickett at the National League
of Cities, 1301 Pennsylvania Avenue, N.W.,
Washington, D.C. 20004 or call her at (202)
626-3180.
Municipal Official of the Year
The Alaska Municipal League's Excellence in Local Government Program
Official of the Year
Any AML member municipal-
ity may nominate an elected
municipal official who has
demonstrated a commitment
to excellence in local govern-
ment both within the com-
munity and on a statewide
level.
Employee of the Year
Any AML member municipal-
ity may nominate an appoint-
ed municipal official who has
demonstrated a commitment
to excellence in local govern-
ment both within the com-
munity and on a statewide
level.
Serving the citizens of Alaska can be both challenging and rewarding, and the
Alaska Municipal League's Board of Directors has introduced an annual award designed
to recognize individuals who have made a lasting and worthwhile contribution to the
betterment of local government. Each member municipality may nominate elected of-
ficials and municipal employees to be judged by the Board of Directors for selection as
the Municipal Official of the Year or the Municipal Employee of the Year. Winners will
be announced at the final banquet of the AML Annual Conference in November.
Join the Alaska Municipal League's Board of Directors in showing your appreciation
for a job well done. Nominate your municipality's candidates for the Municipal Official
of the Year and the Municipal Employee of the Year before the September 30, 1989
deadline.
If you have not received a copy of the rules and the nomination forms, contact the
Alaska Municipal League at 217 Second Street, Suite 200, Juneau, Alaska 99801. Phone
586-1325.
Page 4 June/July 1989
Juneau What's Happening?
by Scott A. Burgess, AML Executive Director
The gavels have comedown in the Capitol
µ ind both houses have adjourned until Janu-
ary 8, 1990. As is said in baseball circles,
"You win some, you lose some, and some
get rained out ...;' but all in all, municipal-
ities did well in the First Session of the 16th
Alaska State Legislature. While Governor
Cowper was still considering reducing the
amount of state reimbursement for school
construction debt when this article and
Newsletter went to press, I wanted to make
some editorial comments on the session
from the League's perspective.
Each chapter of the AML story begins and
ends each year with the annual conference.
The AML staff and the City and Borough of
Juneau have already begun planning for the
1989 conference, to be held in Juneau in
November. In addition, an ad hoc Confer-
ence Review Committee, chaired by AML
Board member Kristin Lambert of Soldotna,
is meeting now and reviewing the strengths
and weaknesses of the annual conferences in
general. The committee will be making rec-
ommendations to the AML Board for possi-
ble improvements for future conferences.
But this is a retrospective piece, so enough
about the future.
The membership came together in Fair-
. -. banks back in November 1988 and debated
and crafted the 1989 Policy Statement. I view
the document as the AML's "comprehensive
plan" for legislation. It is all encompassing
and it is a useful guide for the membership,
the Legislative Committee, the Board, and
the staff; however, it has been justifiably criti-
cized as inappropriate as the AML's annual,
specific or priority legislative platform.
Therefore, the AML Legislative Committee,
Board, and my staff deserve credit for recog-
nizing the Policy Statement's shortcomings
and producing the 1989 Municipal Plat-
form —the AML's "legislative ordinance" to
carry the analogy further. This document,
adopted by the Board, prioritized, docu-
mented, and proposed solutions for six
issues to be addressed by the Legislature. The
Platform became the basis of the AML ad-
vocacy program in 1989. 1 will recommend
to the Board that the document be produced
and used annually.
With the 1989 Municipal Platform in hand,
the AML staff, Legislative Committee, and
Board, with the assistance of the AML mem-
bership, went to work to implement it. The
Legislative Committee, under the able and
knowledgeable leadership of Kotzebue City
Manager Mike Scott, met in Juneau three
times during the session and several times by
rA3hone. The Board also met in Juneau three
times during the session. The Board met with
the Governor and the House and Senate
leadership early on in the session. At two
later meetings the Board members visited en
masse with the legislators and key ad-
ministration officials in their offices and in
the halls on the key issues.
The Board, with the assistance of the
Alaska Conference of Mayors, also respond-
ed to the challenge presented by the AML
membership and legislatures in the past by
offering and supporting a variety of revenue -
raising measures. The staff kept the member-
ship informed on legislative actions on AML
priorities and on over 175 other bills with a
refurbished weekly Legislative Bulletin and
with our newest tool —the FAX. Credit goes to
Chrystal Smith and Kevin Smith for their help
on the Legislative Bulletin. The FAX capability
should not be underestimated. We can now
contact over 55 of our municipal members
immediately with written information by
FAX. The other member municipalities
should take advantage of AML's FAX program
offer for discounts on FAX machines.
Legislation addressing several of the Plat-
form issues was prefiled by Representative
Swackhammer (HB 37—School construction
grants), Senator Adams (S13 31—Minimum
entitlements), and Senator Halford (SB
66—Busby). The Legislative Committee and
AML staff worked with Senator Adams to get
two other issues before the Legislature—SB
181, dealing with the taxation of in place
natural resources (added to the AML
legislative priorities by the Board in February)
and SB 173, dealing with municipal election
code revisions. Special thanks goes to
Legislative Committee Advisor Lee Sharp of
Preston, Thorgrimson, Ellis and Holman for
drafting the elections legislation and to
Kodiak City Clerk Marcella Dalke and Kodiak
Island Borough Clerk Gaye Vaughan for
assisting.
The Governor's operating budget, HB 100,
was the vehicle through which we addressed
our state aid package. Unfortunately, we
were not able to marshall our forces and
address the issue of mandates through
legislation this year, but not for lack of need.
This last session would have been a good
year to begin the discussion in light of the
budget -cutting debate, the desire to push
program responsibility and costs down to the
local level, and further cuts in funding for
municipal programs.
There was a lot of rhetoric and some true
concern about budget balancing this year in
the House Fiscal Policy Subcommittee, in the
Budget Summit, in the House and Senate
Finance Committees, and from individual
legislators, the Governor, interest groups, and
the general public. There was little under-
standing or willingness to discuss the proper
roles of government at the state, local, and
federal levels.
The AML staff tried to counter the attacks
on local government pass -through programs
and the barrage of "Maclntosh" charts with
its "Justifications for State Aid to Municipali-
ties .. " paper, complete with our own
charts. The final cuts to local government
programs were not as severe as proposed,
but these "victories" were due more to the
rising price of oil than they were to convinc-
ing the Legislature or administration about
the importance of and impacts on local gov-
ernments and their residents. To rise to the
status of an equal partner in the budget and
legislative debate rather than as "another
greedy little interest group," AML and muni-
cipalities are going to have to:
(1) do abetter job back home explaining
their budgets and services and their reliance
on state funds to the individuals writing pub-
lic opinion messages to Juneau saying "cut
government, cut the budget;'
(2) take the lead in sorting out the proper
roles of government, i.e., what are the basic
services, who should provide them, what is
the revenue source, who is going to collect it,
and how will it be distributed?,
(3) accept greater responsibility and cost
for truly local programs and services, and
(4) fight the imposition of mandated re-
sponsibilities and costs for state and federal
programs.
The AML can and should help. That is
what it is here for.
AML Legislative Bulletins have told you the
results of the AML lobbying effort; hence, the
sports references to wins, losses, and cancel-
lations. To review, the Busby legislation (SB
66), providing limited immunity for munici-
palities in dealing with individuals incapaci-
tated by alcohol, passed (albeit in a compro-
mised form) and was signed into law (Chap-
ter 69 SLA 89) by Governor Cowper on May
30, 1989. Senator Halford deserves a special
note of thanks from AML for introducing and
helping the bill pass.
The elections bill (S13 173) clarifying the
municipal election statutes passed and was
signed (Chapter 80 SLA 89) by the Governor
on June 1, 1989. Senator Adams deserves
credit and thanks for this bill. As an aside, I
was told by Senators Halford and Adams that
neither blames AML for their ouster from the
Senate Majority.
Loss in the legislative process is a relative
term. We lost somewhat in the budget de-
bate and took additional cuts in the key pro-
grams providing state aid to municipalities;
but, as mentioned above, they would have
been a lot worse as first proposed.
HB 37, which proposes a major policy
change in how schools are financed in
Alaska, passed the House and Senate
Finance, but was not brought to the floor of
the Senate before the House adjourned. The
bill is alive and well in the Senate Rules Com-
mittee and we will have another chance next
year. Representative Swackhammer and
Senator Sturgulewski deserve our thanks for
HB 37 even though it did not pass. Those
serving on the AML Task Force on HB 37/SB
100 also deserve credit for their extra effort.
Thanks to Judi Slajer of Fairbanks North Star
(continued on page 6)
AML Newsletter Page 5
Municipal Calendar
July 12-14
"Quality Management: Before, During, and After Construction,"
organized by American Consulting Engineers Council and co-
sponsored by National Association of Counties. Denver. Registra-
tion $495 until June 9, $545 after. For more information, contact
NACo at 202-393-6226.
July 17-18
AML Legislative Committee Steering Committee meeting.
Kodiak. For more information, contact AML at 586-1325.
July 27-28
"Recycling: The First Step in Resource Recovery;' Annual recy-
cling Conference of the National League of Cities, Seattle. The
conference will focus on successful recycling programs
throughout the United States and bring together local officials, in-
dustry executives, and recycling experts. Municipal officials who
would like to establish integrated waste management programs
for their communities through waste reduction, recycling, in-
cineration, and landfilling should find this conference useful.
Registration: $150 for NLC Direct Member Cities; $175 for others.
Registration deadline is July 17. For more information, contact
NLC at 1301 Pennsylvania Avenue, N.W., Washington, D.C.
20004, 202-626-3000.
August 14-18
"The New Rave: Regulating Solid Waste Management;' 27th An-
nual International Solid Waste Seminar, Equipment, Services, &
Systems Show, Tulsa, Oklahoma. Sponsored by GRCDA
The Association of Solid Waste Management Professionals. The
program will include a series of technical programs that will ex-
amine the impact of regulation on the waste stream. Special ses-
sions will be held on waste -to -energy, collection, disposal, bio-
medical waste, and landfill gas. For more information, call
GRCDA at 1-800-456-GRCD or call AML at 586-1325.
August 15-18
Municipal Treasurers Association of the United States and Canada
Annual Conference, Ottawa, Ontario, Canada. Contact Beth
Durocher, MTA US&C Executive Director at (703) 281-2760 for
program details and registration information.
August 16
Alaska Conference of Mayors meeting, Barrow. For more infor-
mation, contact Mayor John Williams, Kenai, 283-7535.
August 17-18
AML Board of Directors Meeting, Barrow.
September 18-19
"Economic Development: What Works at the Local Level;' spon-
sored by the National League of Cities as part of its 1989 "Meeting
the Local Development Challenge" program, Pittsburgh, Penn-
sylvania. Elected officials and local practitioners will explore the
challenges of economic development, examining what works
and why, during this extensive two-day seminar. Expert trainers,
economic development professionals, and municipal officials will
explain economic development strategies and programs that
work and are applicable for small, mid -sized, and large com-
munities. Registration: $125 for NLC Direct Member Cities; $140
for others. For more information, contact NLC at 1301 Penn-
sylvania Avenue, N.W., Washington, D.C. 20004, 202-626-3000.
September 24-28
ICMA Annual Conference, Des Moines, Iowa. For more informa-
tion, contact ICMA at 202-626-4600.
November 12-14
Pre -conference activities, Juneau.
November 15-17
39th Annual Local Government Conference, Juneau.
November 20-21
"Public: Service in Alaska: Challenges for the 1990s;' conference
sponsored by Alaska Chapter of American Society for Public Ad-
ministration, Federal Executive Association, AML; and others. An-
chorage. Registration approximately $125. Contact Ron Felde,
Municipality of Anchorage, 343-4492, or Allen Kemplen,
786-8212, for information.
Juneau
(continued from page 5)
Borough, Lee Sharp of Preston, ThorgrimsorM;
et al, Tom Boedeker of Kenai Peninsulw,
Borough, Michael Gatti of Mat -Su, Kristin
Lambert of Soldotna, Harry Purdy of Galena,
and Delbert Rexford of North Slope
Borough.
HB 159 (companion in the House to SB
181 and introduced by Representative
MacLean) passed the House but was held in
the Senate Resources Committee, a victim of
"guilt by association:' I was given assurances
that the bill would be heard by the commit-
tee early next session. AML appreciates the
efforts of Representative MacLean and
Senator Adams on this legislation.
SB 31 and HB 101, by Representative
MacLean, remain in their respective finance
committees, victims of the budget cuts to
municipal formula programs. Again, AML
thanks Senator Adams and Representative
MacLean.
I must also mention the heroic efforts of
Senator Frank on behalf of the passage of SB
268. While not an AML priority, the legisla-
tion authorizing the use of bond financing
through the Alaska Municipal Bond Bank for
joint insurance associations and municipali-
ties was the AML/JIA legislative priority and
was supported by the AML.
There were other bills which we fought for, -
and against. Some passed and some did not
Our successes with priority legislation and4
with the host of other bills that passed or that
will still be before us next year depended on
a lot of hard work by individuals within the
member municipalities, especially those on
the Board and the Legislative Committee.
Thanks to those too numerous to mention
for their time, research, and responses to our
requests for assistance, and to their munici-
palities, which allowed them to participate
on behalf of all municipalities.
Remember, the strength of the AML rests
with the membership. AML cannot offer
money nor guarantee votes to influence
legislators or the Governor. AML is non-
partisan and does not have a political action
committee. Many times municipal officials
are the legislators' political opponents back
home. Therefore, we must depend on
volume —sound and weight. The Governor
and the legislators need to see or hear, by the
volume of phone calls, letters, FAX's, and
well -researched position statements, that
when the AML speaks it speaks on behalf of
a large membership, not of institutions but of
representatives of Alaskans and where they
live, work, and play. Thanks for a good year
and, with the help of a large and active
membership, we will do even better nex
year.
Page 6 June/July 1989
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,.,: The Maalka Municipal League's
EXCELLENCE IN LOCAL GOVERNMENT PROGRAM
OFFICIAL RULES AND NOMINATION FORM 1989
The Municipal Official of the Year
The Municipal Employee of the Year
The Outstanding Contribution Award
The Certificate of Appreciation
Zk
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The Alaska Municipal League's
EXCELLENCE, IN LOCAL GOVERNMENT PROGRAM
OFFICIAL NOMINATION FORM
Please complete a separate form for each nominee from your municipality. Copies of this form are acceptable.
While there is no limit to the number of nominees allowed for each award, your candidate's nomination is
stronger if there is only one nominee for each award from your municipality, indicating total community support.
That support is also indicated by the required signatures of two of your elected officials in the space provided
on this form,
Nominee's Name:
Title:
Municipality: Phone:
Dominator: Title:
Please indicate which award you are nominating this person for.
Municipal Official of the Year
Outstanding Contribution Award
❑ Elected ❑ Employee
0
FOR THE ELECTED OFFICIAL OF THE YEAR AND MUNICIPAL EMPLOYEE OF THE YEAR ONLY, nominations
must be signed by two elected officials of the municipality.
Signature:
Signature:
Title:
Title:
MUNICIPAL OFFICIAL OF THE YEAR PROGRAM
4n one (1) sheet of paper, please explain why the nominee named above deserves to be recognized as the
Elected Municipal Official of the Year or the Municipal Employee of the Year. Qualifications should include the
nominee's contribution to your community, to local government at the statewide level, and to the Alaska
Municipal League.
OUTSTANDING CONTRIBUTION AWARD
If the nomination is for the Outstanding Contribution Award, use one (1) sheet of paper to explain the nominee's
contribution to the Alaska Municipal League and his or her part in the promotion of League ideals, philosophy,
and goals; contribution to local government at a statewide level; involvement with municipal concerns and
issues; and statewide leadership. Signatures of municipal officials are not required for the Outstanding
Contribution Award.
.petlach or copy this form. Complete and send it, along with your letter of nomination to: Alaska Municipal
League, Excellence in Local Government Program, 217 Second Street, Suite 200, Juneau, Alaska 99801.
13
DEADLINE: POSTMARKED NO LATER THAN SEPTEMBER 30, 1989
Municipal Clerks Take On Yet Another Monumental Task
As municipal clerks know, the variety of
_.duties they are expected to master is mind-
)oggling, and most if not all of these duties
are crucial to the smooth operation of the ci-
ty or borough. The Alaska Association of
Municipal Clerks (AAMC), with the assis-
tance of the Alaska Municipal League, has
taken the first step toward making the life of
all clerks, especially those new to the job,
easier. AAMC contracted with Ginny Chit -
wood, well-known Alaska local government
trainer and former AML Executive Director,
to write a completely new Municipal Clerks
Handbook. A draft of the handbook is ex-
pected by late summer, and all involved
hope that the finished product will be
available by the end of the year.
Participants in the 1989 Municipal Clerks
Institute, which is cosponsored by AML, the
University of Alaska, and AAMC, spent hours
(or was it days?) adding details to an outline
Chitwood provided. Sheet after sheet of
newsprint lined the walls of several rooms at
Fairbanks' Sophie Station Hotel, site of the
March institute, as participants analyzed
tasks and responsibilities and traded pointers
on how to do their jobs better and more effi-
ciently. In the process, both experienced and
novice clerks expanded their appreciation of
their profession and their understanding of
vhat being a clerk in an Alaska municipality
entails.
Included in the week's activities was a
mock election, in which each clerk had to
play a role, as an election official, a can-
didate, or a voter. Among the "voters" were
those voting challenged ballots, those who
were not registered, and those who did not
speak English.
Members of the AAMC Handbook Revi-
sion Steering Committee facilitated the
handbook drafting sessions. Members of the
committee are Chair Patty Ann Polley, City
and Borough of Juneau; Linda Conley, City
of Nome; Marcella Dalke, City of Kodiak;
Jeanne Donald, City of Valdez; Shelley
Dugan, City of North Pole; De Ingwersen,
City and Borough of Sitka; Susan Johnston,
City of Haines; Anna McGowan, City of
Bethel; Janet Ruotsala, City of Kenai; and
Gaye Vaughan, Kodiak Island Borough. The
President of AAMC is Mona Lisa Drexler,
Fairbanks North Star Borough.
Bids for 1990 Conference
Sought
Member municipalities interested in
hosting the 40th Annual Local Government
Conference, to be held in November 1990,
are encouraged to contact AML for informa-
tion about requirements. Bids to host the
1990 meeting will be reviewed by the Board
of Directors during its summer meeting,
scheduled for August 17-18 in Barrow.
Conference Review
Underway --
What Do You Think?
In keeping with the AML's Strategic Plan,
AML President Delbert Rexford recently ap-
pointed a Conference Review Committee,
which will be evaluating the purpose and
organization of AMUs annual Local Govern-
ment Conference and making recommenda-
tions to the Board of Directors. Director
Kristin Lambert, City of Soldotna Council
Member, will chair the group, which will
hold its first meeting June 23 in Anchorage.
Members who have comments or concerns
about the conference are encouraged to
contact Lambert or other committee mem-
bers: AML Second Vice President Jerome
Selby, Mayor, Kodiak Island Borough; AML
Director Joe Evans, Municipality of Anchor-
age Assembly Member; J.B. Carnahan, Fair-
banks North Star Borough Assembly Mem-
ber; Richard Erlich, Northwest Arctic Bor-
ough Attorney; Pat Parnell, Municipality of
Anchorage Assembly Member; Alvin Potter,
City of St. Marys Council Member; Kevin Rit-
chie, Manager, City and Borough of Juneau;
Cheryle Wolf -Tallman, Ketchikan Gateway
Borough Assembly Member; and Albert
Washington, Mayor, City of St. Michael.
The Committee is evaluating the con-
ference generally as a major League program
to ensure that it continues to meet the needs
of the membership and the organization. In
the meantime, the AML staff and Juneau
have begun to plan another successful con-
ference for 1989. This year's conference will
be held November 15-17 in Juneau.
Municipal clerks from around the state pose in front of Sophie Station Hotel in Fairbanks, the site of the 1989 Municipal Clerks Institute held this
past March. Participants exchanged ideas and helped write a new Municipal Clerks Handbook.
AML Newsletter Page 7
Taking Charge: Local
1989 Alaska Calendar of Events
Governments and
June 18-24
Midnight Sun Festival ..............................
Nome
Hazardous Substances
Midnight Sun Softball Tournament ...................
Nome
Bank Hold-up and Jail .............................
Nome
by Kent E. Hanson and Adam Babich
June 20
Midnight Sun Baseball Game .....................
Fairbanks
June 24
Mayor's Midnight Sun Marathon .................Anchorage
Local governments are ideally situated to
to
June 24-25
All Alaska Logging Championships ....................
Sitka
address environmental problems with sensi-
tune 24
Miss ANB Pageant ................................Nome
tivit to the concerns of local citizens, en-
Y
Nome River Raft Race .............................
Nome
vi ron mental ists, and business interests and to
Yukon 800 Boat Race (mid June) ..................
Fairbanks
strike a rational balance between short- and
Sunfest'89 (mid June) ............. .
.. Fairbanks
long-term environmental and economic
goals. However, the fact that few local
Nalukataq (Whaling Feast) (3rd or 4th weekend of
June).. Barrow
governments are taking the lead in the
Writers' Symposium ................................
Elderhostel Program at Sheldon Jackson College..........
Sitka
Sitka
cleanup of hazardous wastes suggests that
Miss Alaska Pageant .............................
Soldotna
they have yet fully understand the power
and scope their authorities under state
Buffalo Round Robin Softball Tournament .......
Delta junction
and federal environmental laws.
Colony Days Summerfest ..........................
Iditarod Extravaganza .............................Palmer
Palmer
Congress, by enacting federal environmen
tal statutes such as the Comprehensive En-
July (all month)
Rescue 21 Homer Halibut Derby ....................
Homer
vironmental Response, Compensation, and
Seward Jackpot Halibut Tournament .................Seward
Liability Act (CERCLA, also known as
July 1-9
Valdez Pink Salmon Derby .........................
Valdez
"Superfund"P, provided local governments
July 1-2
Girdwood Forest Fair ...........................
Girdwood
with unprecedented power to protect the
July 2-31
Softball Tournaments .............................
Seward
quality of the environment and to shift
July4
Freedom Days Festival ...........
.Anchorage
cleanup costs to polluters and away from the
Logging Carnival and 4th Activities ................
Ketchikan
taxpaying public. Under these laws, local
10K Homer Spit Run ..............................
Homer
governments may obtain court -ordered
Celebration ....................................
Barrow
cleanups and damage awards for injuries to
62nd Mt. Marathon Race ..........................
Seward
natural resources. Congress made environ-
Annual Picnic and Parade ............................Tok
mental enforcement affordable to local
July 5-9
Valdez Gold Rush Days ...........................
Valdez
governments by providing for reimburse-
July 8
Soapy's Wake ..................................
Skagway
ment of investigation, cleanup, and litigation
Moose Dropping Festival........................Talkeetna
expenses, including attorney and expert con-
July 8-9
Mountain Bike Rush............................Talkeetna
sultant fees.
July 8-9/15-16
Big Lake Regatta Water Festival .......... :..........
Big Lake
Contamination of the environment with
July 8-9
$50,000 Big Lake Fishing Derby ....................
Big Lake
toxic, carcinogenic, mutagenic, and terato-
July 15-23
...........................
Golden Days ......
Fairbanks
genic substances is a nationwide problem.
July 15-September 10
Silver Salmon Derby ...........................
Ketchikan
Relatively few contaminated sites, such as
July 15
Big Lake Annual Triathalon ........................
Big Lake
Love Canal, the Rocky Mountain Arsenal,
July 19-22
World Eskimo -Indian Olympics ...................
Fairbanks
and Times Beach, have received national
July 24-August 7
Fairbanks Summer Arts Festival ...................
Fairbanks
publicity, but practically every community
Chugiak-Eagle River Bear Paw Festival
must deal with seepage from landfills, leak-
Soldotna Progress Days ..........................
Soldotna
ing storage tanks, midnight dumping, and,
Annual Jubilee Softball Tournament............
Delta Junction
perhaps, an overturned tank truck or railroad
KSKA Bluegrass Festival ............
Palmer
car. At stake are human health, the quality of
Wasilla Water Festival Celebration (early July) ..........
Wasilla
life, property values, and the economic vital-
ity of the community. Only by taking the lead
August (all month)
Silver Salmon Derby (runs to Sept. 10) ..............
Ketchikan
in tackling toxic problems can local govern-
August 2
Sun sets for the first time in 83 days ..................
Barrow
ments assure that environmental cleanups
August 4-6
Deltana Fair ..............................
Delta Junction
properly address local concerns, that costs
August 4-5/9-12/16-19
"Cry of the Wild Ram" ............................
Kodiak
are borne by industrial polluters, and that
Augyst5
Scottish Highland Games.......................Anchorage
recovered damages are returned to the com-
August 5-Sept. 4
Valdez Silver Salmon Derby ........................
Valdez
munities that suffered the injuries.
August 7-9
Pilgrimage to St. Herman's Monks Lagoon .............
Kodiak
August 11-20
Calico Salmon Derby ...........................
Talkeetna
Why Not Let EPA or the State
August 12-20
Tanana Valley Fair ..............................
Fairbanks
Handle the Problem?
August 12-13
Drag Races ........................................
Tok
August 17-21
Southeast Alaska State Fair .........................
Haines
Local governments cannot afford to rely
August 18-Sept. 4
Alaska State Fair .................................
Palmer
solely on the state or the federal government
August 18-20
Alaska State Fair and Rodeo ........................
Kodiak
to solve local problems. Whenever hazar-
August 19
Silver Salmon 10K Run ............................
Seward
dous materials are involved, public expecta-
Aug. P 26-27/Se t. 2-4
Cordova Silver Salmon Derby..
Cordova
tions—and emotions —run high. A commun-
August 26
Hugs and Kisses Road Run ........................
Skagway
ity's highest priority may be viewed as a
Softball Tournament .........................
Seward
minor issue by state and federal agencies.
Wrangell Little League Halibut Derby ...............Wrangell
When those agencies arrive on the scene,
Golden North Salmon Derby .......................Juneau
local concerns often take a back: seat. Fur-
thermore', the United States Environmental
September 1-4
Labor Day Mudball Classic Slow Pitch Softball Tournament . Sitka
Protection Agency (EPA) is able to address
September 2-4
Cordova Silver Salmon Derby .....................
Cordova
only a fraction of the hazardous waste sites
Fall Fair .....................................
Dillingham
Page 8 June/July 1989
The Alaska Municipal League's
EXCELLENCE IN LOCAL GOVERNMENT PROGRAM
It OFFICIAL RULES
Municipal Official of the Year
Purpose and Criteria: The Alaska Municipal League Municipal Official of the Year is to recognize local
government officials who have demonstrated a commitment to excellence in local government both
within their own community and on a statewide level. The winner will have made a lasting and
worthwhile contribution to the citizens of Alaska through his/her efforts and dedication in the
performance of duty both at the local level and especially statewide. The criteria will be incremental as
follows:
1) The individuals must come from a member municipality.
2) The individuals will be judged on their contribution to local government statewide, and
if their contribution is an innovative program, by the adaptability of the program to other
municipalities.
3) The individuals will be judged on their contribution to the betterment of local government
within their municipality.
4) The individuals will be judged upon their contribution to the AML and how their efforts
have assisted all municipalities in the state in pursuing the recognized goals of
municipalities.
The intent of the criteria for these two awards is to narrow the field to the individuals who have made
the most outstanding and broad contribution to local government each year. If two or more nominees
have been involved in programs of statewide benefit, then their contribution to municipal government
within their own community will be the deciding factor. Contribution to AML will also be used to
determine the winner.
Eligibility: To avoid charges of favoritism towards AML members, eligibility for the awards is limited to
member municipalities only. Any elected or appointed official or municipal employee of a member
municipality is eligible. Planning commissioners are considered elected officials for the purpose of
judging. City managers are considered employees. The current AML Board of Directors are the judges
and are ineligible. Officials and employees of a school district are ineligible unless they are also an
elected municipal official.
Nomination: The Municipal Official of the Year and the Municipal Employee of the Year awards share
the same criteria. The official nomination form or a copy must be completed and signed by two elected
officials of the sponsoring municipality to ensure support from the nominee's municipality. There is no
limit to the number of candidates for each award that may be submitted by any single municipality. For
example, two council members, a finance officer and a clerk would be acceptable. Municipalities are
encouraged to submit only a single nomination for each award, however, as it strengthens the
nominee's bid through the demonstration of total community support. Nominations postmarked on the
day of the deadline will be accepted.
Judging: The judges are the AML Board of Directors. The process does not require an additional full
meeting of the Board. Instead, the nominations can be sent to each Board member who will
independently rank them from first choice to last and send them back to the Executive Director to tally
the results. The nominee with the lowest number is the award recipient and will be announced for the
first time at the final banquet. If the number of applicants is exceptionally large, the Executive Director
may screen the nominations to reduce the workload of the judging panel.
The Award: Each winner will receive a personal plaque, will be listed on a cumulative plaque of all the
winners in the lobby of the AML office, and will be featured in an article in the AML Newsletter. The
award will be announced and presented at the final banquet.
Oustanding CoWbu tion Award
Purpose i Criteria: The purpose of the Outstanding Contribution Award is to recognize individuals who
have made a truly outstanding, long lasting contribution to municipal governments statewide through
their contribution to the League. The purpose of recognition is to let the individuals know their efforts
are recognized and appreciated, and to foster membership recognition and participation. The criteria
for the certificate follows:
1) Contribution to the League
2) Promotion of League ideals, philosophy, and goals
3) Contribution to local government at a statewide level
4) Involvement with municipal concerns and issues
5) Statewide leadership
Eligibility: Employees and officials of Municipal and Associate members of the Alaska Municipal League
are eligible to receive the award.
Nomination: Nominations for the Outstanding Contribution Award can be accepted from the Executive
Director, the Board of Directors, and any AML municipal or associate member on the behalf of any
eligible person through using the nomination form. The nomination does not require the signature of
elected officialls of the sponsoring municipality. There is no restriction to the number of candidates for
each award that may be submitted by any single municipality. Nominations may be accepted after the
deadline with approval of the Board of Directors.
Judging: The number of Outstanding Contribution Awards is not restricted. The judges are the AML tom°
Board of Directors and the Executive Director. The process does not require an additional full meeting
of the Board. Instead, the nominations can be sent to each Board member who will independently vote
to award or not award each nominee. The nominations will be sent back to the Executive Director to
tally the results. Nominees who receive approval from a majority of participating Board members and
the Executive Director will receive the award. The Executive Director may screen the nominations to
reduce the workload of the Board of Directors.
The Award': Each winner will receive a certificate. The award will be announced and presented at the
final banquet.
Certificate of Appreciation
The Certificate of Appreciation can be bestowed at any time at the discretion of the Executive Director
or the Board of Directors. It's primary purpose is to recognize individuals, regardless of membership
status, who have made a worthy contribution to the Alaska Municipal League or kcal government.
M�IMNNMMAAIANIMXg111�MMNIgI11NNMXX9�INIIHMRMIII0@MIItINMMIANI@MMpAMNMm"M XIIIIIINIM01Il
September 2-4
Fall Fair ....................................
Dillingham
Homer Halibut Festival and Derby ..................
Homer
Tanana 500 Boat Races ..............................
Tok
ptember 4
Labor Day Golf Tournament ........................
Nome
Great Bathtub Race ...............................
Nome
September 5
Taste of Homer ................... . .............
Homer
September 9
Crafts Fair at University of Alaska Anchorage .......
Anchorage
September 15
Klondike Trail of'98 Road Relay ....... Skagway to Whitehorse
September 21-22
Oktoberfest.................................
Anchorage
September 23
Equinox Marathon .............................
Fairbanks
Wrangell Silver Salmon Derby (early Sept.) ..........
Wrangell
October 14-18
Alaska Day Celebration .............................
Sitka
October 22-28
October Arts Festival ..........................
Petersburg
October 28-Nov. 5
Wrangell Winter Fishing Derby ...................
Wrangell
November 19
Thanksgiving Day Feast ...........................
Barrow
November 24-26
Great Alaska Shootout ........................
Anchorage
November 24
Nutcracker Ballet ............................Anchorage
November 25
Symphony of Trees ...........................
Anchorage
Athabasc:an Old Time Fiddling Festival .............
Fairbanks
Northern Invitational Curling Spiel ................
Fairbanks
December 1
Christmas Tree Lighting Ceremony ...............
Anchorage
Christmas Festival of Lights ......................
Ketchikan
Midnight Madness and Christmas Tree Lighting .......
Wrangell
December2-4
Nutcracker Ballet..............................Fairbanks
Christmas Tree Lighting Celebration ...............
Talkeetna
Delta Winter Carnival ......................
Delta Junction
Firemen's Carnival ...............................
Nome
North Country Faire ............................
Cordova
December 3
Candle Lighting Services ........................
Fairbanks
December 23
Christmas Boat Parade .............................
Sitka
December 26
Christmas Day Feast .............................
Barrow
December 26-Jan. 1
Christmas Qitiks (games) ..........................
Barrow
currently threatening communities. When
EPA does act, cleanups frequently are slow
and sometimes fail to assure long-term pro-
tection of the public.z Moreover, EPA clean-
ups (and supporting studies) are frequently
unnecessarily expensive —a consideration
that looms particularly large when EPA at-
tempts to recover its costs from local
businesses or from the local government it-
self. If the public and environment are to be
cost-effectively protected, such protection
must be initiated at the local level.
What Can Local Governments Do?
Local governments have broad authority to
require cleanup of contaminated sites.
CERCLA authorizes local governments to
proceed directly against polluters in federal
district court to obtain:
• Reimbursement of expenses incurred in
protecting the public and environment
from hazardous substances, including
costs of investigating the problem, com-
pelling and supervising cleanup actions or
studies by defendants, and litigating the
lawsuit;
• Court orders directing defendants to per-
form cleanup operations under govern -
'mental oversight;
• A declaration that the defendants are liable
for all future cleanup or oversight costs;
and
• Damages for injuries to natural resources.
Several other federal environmental laws
empower local governments to enforce sta-
tutory requirements, regulations, permits,
and orders. For example, the "citizen suit"
provisions of the Resource Conservation and
Recovery Act (RCRA)3 enable governments
to address a broad range of situations that
may threaten the public or the environment.
Many state statutes grant local governments
similar authorities. These enforcement provi-
sions may be used alone, in conjunction
with one another, or with common law
claims for relief, as circumstances warrant.
Can Local Governments Afford
the Expense?
CERCLA and other major federal environ-
mental statutes authorize recovery of essen-
tially all government expenses associated
with exercising statutory authorities. Recov-
erable expenses include the costs (e.g., em-
ployee salaries, related overhead, and con-
sultant fees) of activities such as emergency
responses by local fire departments; installa-
tion of security fencing; environmental
sampling and other investigations; provision
of alternative water supplies; temporary
evacuation and housing of threatened indivi-
duals; health monitoring; and storage, con-
finement, neutralization, destruction, or
treatment of hazardous substances. Attorney
fees and other enforcement costs are also
recoverable.
By providing for prompt reimbursement of
essentially all expenses related to enforce-
ment efforts, Congress ensured that local
governments would be able to afford to exer-
cise their statutory authorities. Additionally,
short-term funding may be available through
interim recoveries of expenses from defen-
dants pending final resolution of cases.
What Damages Are Recoverable?
CERCLA empowers local governments to
recover damages for injuries to the public's
interests in all natural resources within their
borders, including those owned privately.
Damages are not limited to the costs of
restoring or replacing injured resources (tra-
ditional measures of damages in property
damage cases). As a result, local govern-
ments are entitled to damages for injuries to
public lands, drinking water supplies, or any
other public or private resource from which
the community derives a benefit. For exam-
ple, damages are recoverable for the loss of
benefits the public would have received
from direct use of the resource (e.g., fishing,
hunting, hiking, and swimming) and for loss
of indirect benefits, such as having the op-
tion to use the resource, preserving the re-
source for future generations, and simply
knowing the resource exists. Measuring these
damages can be expensive, but the damages
are often substantial and defendants are
liable for the reasonable costs of the damage
assessments.
Congress mandated that damage recover-
ies be used to restore, replace, or acquire the
equivalent of injured natural resources. By
taking the initiative, a local government can
assure that damage recoveries are used to re-
store the local environment and benefit the
community where environmental injuries
occurred.
What Problems Can
Local Governments Tackle?
Problems that trigger local governments'
authority to act under CERCLA and other sta-
tutes include actual or threatened ground-
water or surface water contamination, re-
leases of chemical vapors into the air, and
contamination of soils and metals, chemi-
cals, or radioactive substances. Such author-
ity is not limited to sites identified by EPA on
the National Priorities List and does not re-
quire prior approval by EPA or state govern-
ments. CERCLA authorizes local governmen-
tal action to address "hazardous substances,"
including heavy metals, radioactive mater-
ials, industrial chemicals, PCBs, and other
toxic, carcinogenic, mutagenic, and terato-
genic substances. The term is not limited to
wastes and is defined to incorporate most
substances regulated under the major federal
environmental statutes. Substances may be
subject to CERCLA even if they are exempt
from regulation under other statutes. For ex-
ample, mine drainage, fly ash, and coal tar
have been found to contain hazardous sub -
(continued on page 10)
AML Newsletter Page
Hazardous
(continued from page 9)
stances within the meaning of the statute.
The release of any hazardous substance —
regardless of quantity or concentration --
gives rise to liability under CERCLA, allowing
local governments substantial latitude in
determining when and whom it is appropri-
ate to sue.
Who Can Be Held Liable?
CERCLAs liability provisions reflect a fun-
damental policy determination by Congress
that, regardless of traditional notions of fault,
those responsible for the management and
disposal of hazardous substances —rather
than the taxpayers —should bear the costs of
needed cleanup. Thus, in enacting CERCLA,
Congress designated four broad categories of
"responsible parties" --parties who, regard-
less of fault, are liable for environmental
cleanups, governmental expenses, and na-
tural resource damages. Responsible parties
include: (1) current owners or operators of a
site; (2) a site's owners or operators at the
time of disposal of hazardous substances; (3)
persons who arranged for disposal, transport,
or treatment of hazardous substances; and
(4) persons who accepted hazardous sub-
stances for transport to facilities sites which
they selected. Because of the broadly de-
fined classes of responsible parties, many
CERCLA enforcement cases include multiple
defendants, although there is no require-
ment that every potential defendant be
made a party to such suit. At a hazardous
waste landfill, for example, the roster of
responsible parties is likely to include prop-
erty owners, dump operators, and many
transporters and generators. Even a small spill
can give rise to liability on the part of a trans-
porter and several generators.
How Is Liability Proven?
CERCLA makes proof of liability easier
than under traditional legal theories. CER-
CLA imposes liability regardless of fault; the
government need not prove negligence or
other wrongful conduct. Moreover, there is
no need to "fingerprint" wastes and make a
traditional showing of causation. In other
words, it is unnecessary to prove that the
contamination can be traced back to each
defendant's hazardous substances. To estab-
lish liability, a local government need dem-
onstrate only that there has been a release or
threatened release of a hazardous substance
from a facility, that the defendant falls within
one of the four categories of responsible par-
ties, and that some governmental expenses
have been incurred in responding to the
problem. If these elements are satisfied and
no defenses apply, the defendant is strictly
liable; for cleanup, expenses, and damages.
When.two or more persons have contribu-
ted to a. single harm, each person is liable
under CERCLA forall contamination at a site.
CERCLA encourages a fair apportionment of
damages and costs by providing responsible
parties with legal recourse against one
another to ensure that each pays its fair
share.
Do Local Governments Have the
Necessary Expertise?
The combined effect of complex statutes,
lengthy administrative regulations, multiple
defendants, and extensive discovery typically
involved in environmental enforcement
cases may cause local officials to question
whether they have the resources and exper-
tise to tackle yet another difficult problem.
However, because CERCLA and other sta-
tutes authorize recovery of costs, including
attorney and expert witness fees, local
governments have the option of hiring addi-
tional staff or employing specialized outside
counsel and expert consultants to supple-
ment their staff attorneys and technical ex-
perts. In many cases, involvement of such
experienced outside help may be essential.
Over the last several years, environmental
litigation has become increasingly special-
ized. Defendants today draw upon a pool of
sophisticated lawyers and consultants —
many of them former government enfor-
cers —with years of experience in litigation
under CERCLA and other environmental sta-
tutes. Accordingly, local governments seek-
ing to establish an enforcement presence
under CERCLA or the other major federal en-
vironmental laws should consider carefully
the option of employing experienced outside
counsel and technical experts.
What If local Government Has Contributed
to the Problem?
It is generally advantageous to local gov-
ernments to take the lead in cleaning up tox-
ic problems, even if they are partially respon-
sible for creating the problem. When, for ex-
ample, a municipal landfill is leaking hazar-
dous chemicals or a county airport has been
identified as the source of solvents in ground
water, local governments often have two
choices. They can wait and risk becoming
defendants in an enforcement action
brought by EPA, the state, neighboring land
owners, or citizen groups. Alternatively, local
governments can initiate their own enforce-
ment actions to recover the bulk of their
cleanup costs and natural resource damages
from generators and transporters of hazar-
dous substances or from operators of the of-
fending facility. Taking the initiative carries
with it several strategic benefits. Local
governments prosecuting enforcement ac-
tions exert maximum control over the pace
and manner of cleanup, permitting them to
keep an eye on costs while assuring full pro-
tection of the public and environment.
Cleanup costs for which local governments
are ultimately held liable may be at least par-
tially offset by natural resource damages
awarded to them. As a practical considera-
tion, it is almost always less expensive to
clean up contamination at the earliest oppor-
tunity, before it spreads. Thus, overall, the
community is better served when the clean-
up is spearheaded by local government,
even if that government itself is liable f�..
some cleanup costs. viti.'
Conclusion
Federal and state environmental statutes
create powerful tools for local governments
to protect the public and environment from
problems posed by toxic and hazardous sub-
stances. Environmental statutes empower
local governments to resolve their problems
on a local level, instead of awaiting action
from EPA or the state, ensuring the predom-
inance of local priorities and values in en-
vironmental cleanup actions. Because local
governments are entitled to recover their ex-
penses from polluters, the use of federal and
state enforcement authorities is a realistic
and affordable option. Asa result, counties,
municipalities, and special districts have the
authority and financial means to take the
lead in protecting their communities' envi-
ronments, economies, and quality of life.
Notes:
Portions of this article are extracted from
"Local Governments and the Environment
(Part 0: Cleanup, Cost Recovery and
Damages Under CERCLA, " Colorado Lawyer
(1988) and "Local Governments and the En-
vironment (Part II): Cleanup and Cost Re
covery Under RCRA and Colorado Statutes,""'
Colorado Lawyer (1988). See also Babich an6
Hanson, "Declaratory and Injunctive Relief
for States Under CERCLA," 18 Environmental
Law Report (Envtl. L. Inst.) 10216, 10219 20
Qune 1988).
' CERCLA §§101-405, 42 U.S.C. §§ 9601-
9675 For an overview of potential remedies
under other federal environmental statutes
see Babich and Hanson, "Opportunities for
Securing Enforcement of Environmental
Laws and Cost Recovery by Local Govern-
ments and Citizen Organizations," 18 En-
vironmental Law Report (Envtl. L. Inst.)
10165 (May 1988).
z See e.g., Surveys and Investigations Staff, A
Report to the Committee on Appropria-
tions, U.S. House of Representatives, on the
Status of the Environmental Protections
Agency's Superfund Program at 13 (March
1988); Office of Technology Assessment,
Are We Cleaning Up?: 10 Superfund Case
Studies (June 1988).
3 RCRA §§ 1002-9010, 42 U.S.C. §§ 6901-
6991.
Kent E. Hanson is counsel to the Denver,
Colorado, law firm of McGuire, Cornwell &
Blakey and the former First Assistant Attorney__
General of the State of Colorado's CERCLT'N
Litigation Section. Adam Babich is an asso-
ciate with McGuire, Cornwell & Blakey and a
graduate of Yale Law School. Copyright: Kent
E. Hanson and Adam Babich, 1988.
Page 10 June/July 1989
The Alaska delegation at the National league of Cities Congress of Cities in Boston,
Massachusetts in December are pictured here. From left to right: AML President Delbert Rex-
ford, North Slope Borough; AML Immediate Past President Heather Flynn, Municipality of An-
chorage; Mayor John Williams, City of Kenai; and AML Executive Director Scott Burgess.
FLSA and Its Application to Local Governments
eiPy Raymond Cordelli
,printed, with permission, from The Municipal Attorney
Fair Labor Standards Act —General
The FLSA is the federal law of most general
application concerning wages and hours of
work. An employee who is covered under
FLSA must now be paid a minimum wage of
not less than $3.35 an hour and not less than
one and one-half times his or her regular rate
of pay for all hours worked in excess of 40 in
a workweek, unless specifically exempt.
In order for FLSA to apply to a person en-
gaged in work which is covered by FLSA, an
employer -employee relationship must exist.
Section 3(g) of FLSA states that "employ" in-
cludes "to suffer or permit to work" The
employment relationship under FLSA is
broad in scope.
It is necessary to understand the history of
FLSA with regard to state and local govern-
ment employees. By way of history, it should
be noted that:
• From 1938 to 1966, there was no FLSA
coverage of employees of state and local
governments. The Fair Labor Standards
Amendments of 1966 extended FLSA mini-
mum wage and overtime pay provisions to
state and local government employees of
hospitals, residential care facilities, schools,
and mass_transit systems.
he'U.S. Supreme Court, in its 1968 ruling
in Maryland v. Wirtz, 392 U.S. 183, upheld
the constitutionality of the 1966 FLSA
amendments.
• The Education Amendments of 1972 ex-
tended FLSA provisions to cover employ-
ees of public and private preschools.
• The Fair Labor Standards Amendments of
1974 extended FLSA provisions to remain-
ing state and local government employees
who were not covered by the 1966 and
1972 amendments. Specifically excluded
from the definition of "employee" by the
1974 amendments to FLSA are employees
or public agencies who are not subject to
the civil service laws of the state, political
subdivision, or agency which employs
them, and who are holders of public elec-
tive office, are members of the office-
holder's personal staff, are appointed by
elective officials to policy making posi-
tions, or serve as immediate advisers to
elected officials with respect to the con-
stitutional or legal powers of the office-
holder.
• In 1976, the U.S. Supreme Court ruled in
National League of Cities v. Usery, 426 U.S.
833, that the minimum wage and overtime
pay provisions of FLSA are not constitu-
tionally applicable to traditional govern-
mental functions of state and local govern-
ments. This ruling also overturned the
court's decision in Wirtz v. Maryland.
• On February 19, 1985, the U.S. Supreme
Court ruled in Garcia v. San Antonio
Metropolitan Transit Authority 105 S.Ct.
1005 (Garcia) that the minimum wage and
overtime pay provisions of FLSA apply to
the public mass transit employees of the
San Antonio Metropolitan Transit Author-
ity. In so doing, the court overruled its
earlier decision in the National League of
Cities case that the minimum wage and
overtime pay provisions of FLSA could not
constitutionally be applied to state and
local government employees who are en-
gaged in traditional governmental activi-
ties.
• On November 13, 1985, the Fair Labor
Standards Amendments of 1985 (Public
Law 99-150) were enacted. These amend-
ments change certain provisions of FLSA as
they relate to employees of state and local
governments. After the decision by the U.S.
Supreme Court in Garcia, many state and
local government employers and represen-
tatives of their employees identified several
areas in which they believed they would
be adversely affected by immediate appli-
cation of FLSA. This legislation responds to
these concerns by amending certain FLSA
provisions with respect to employees of
state and local governments.
State and Local Government Employees:
General Statement
While it initially appeared that the Su-
preme Court decision in Garcia would have
a dramatic impact on public employers,
events subsequent to the decision have
mitigated the impact of the extension of the
minimum wage and overtime pay provisions
of FLSA to such employers and has lessened
the burden on the operations of state and
local governments.
For example, because many state and local
government employers and representatives
of their employees identified several areas in
which they believed they would be adversely
affected by immediate application of FLSA,
Congress responded to these concerns by
enacting the FLSA amendments of 1985. In
implementing these amendments, the De-
partment of Labor published regulations
containing rules concerning certain statutory
exclusions and exemptions, recordkeeping
requirements, and compensatory time provi-
sions that apply to state and local govern-
ment workers in general. The regulations
also contain specific rules for volunteers and
for fire protection and law enforcement
employees.
In addition to the publication of the regula-
tions and in recognition of the nature of state
and local governments and their long-stand-
ing employment practices, many opinions
concerning the application of FLSA to state
and local government employees involving
unique employment situations have been
issued.
State and Local Government Employees:
Summary of the 1985 Amendments
Compensatory Time. Section 7 of FLSA
permits state and local government employ-
ers to grant compensatory time on a limited
(continued on page 12)
AML Newsletter Page 11
Labor
(continued from page 11)
basis to employees in lieu of payment of
overtime pay in cash.
Compensatory time and compensatory
time off are interchangeable terms under
FLSA. Compensatory time off is paid time off
the job which is earned and accrued by an
employee in lieu of immediate cash payment
for employment in excess of the statutory
hours for which overtime compensation is
required by Section 7 of FLSA.
State and local governments are permitted
to give their employees compensatory time
off in lieu of immediate overtime pay in cash,
at a rate of not less than one and one-half
hours for each hour of overtime worked, but
only pursuant to a collective bargaining
agreement, or an agreement or understand-
ing arrived at between the employer and
employee before performance of the work.
The maximum compensatory time that
may be accrued by an affected employee
shall be 480 hours for those engaged in a
public safety, emergency response, or sea-
sonal activity, and 240 hours for all other
employees for hours worked after April 15,
1986.
An employee shall be permitted to use ac-
crued compensatory time within a reason-
able period after it is requested if to do so
would not unduly disrupt the operations of
the employing public agency.
Employee Working at More Than One
lob. Employees of a state or local govern-
ment agency who are employed in fire pro-
tection, law enforcement, or related activi-
ties may, at their own option, agree to a
special detail to work for a separate or in-
dependent employer in such activities. The
hours worked for the separate and indepen-
dent employer (public or private) shall be ex-
cluded from hours worked for overtime pay
purposes by the original employing agency.
Employees of a state or local government
agency may, at their own option, undertake
employment for the same employer on an
occasional or sporadic basis in a part-time
job in a different capacity than their regular
employment. The hours of work in the differ-
ent job shall not be counted as hours worked
for overtime pay purposes on the regular job.
Employees of state or local government
agencies, at their own option but with the
approval of their employer, may substitute
during scheduled hours for other employees
employed in the same capacity. In the case
of such substitution, the hours involved are
credited to the scheduled employee and not
to the substitute employee.
Volunteer Workers. Individuals who
volunteer their services to state or local
governments and receive no compensation
are excluded from the definition of employee
and are thus excluded from coverage. They
may be paid expenses, reasonable benefits,
nominal fees, or a combination of these.
However, an employee of a state or local
government may not volunteer to his own
agency services of the same type the employ-
ee is employed to perform.
An employee of a state or local govern-
ment agency may volunteer services to any
other state or local government agency, in-
cluding agencies with which the employing
agency has a mutual aid agreement. In this
regard:
• A city police officer may volunteer as a
part-time referee in a basketball league
sponsored by the city, and
• An employee of the city parks department
may serve as a volunteer city firefighter.
However, a nurse employed by a state
hospital may not volunteer to perform nurs-
ing services at a state -operated health clinic
which does not qualify as a separate public
agency since these services are the same as
those which the individual is employed to
perform.
State and Local Government Employees:
Regulations
On January 16, 1988, the Department of
Labor published final regulations, 29 CFR
Part 553, which implement the Fair Labor
Standards Amendments of 1985. These regu-
lations contain rules concerning certain
statutory exclusions and exemptions, record -
keeping requirements, and compensatory
time provisions that apply to state and local
government workers in general, in addition
to specific rules for volunteers and for fire
protection and law enforcement employees.
Significant Provisions of FLSA That Relate to
State and Local Government Employees
With the extension of coverage under
FLSA to state or local governments, certain
provisions were added to FLSA as they relate
to employees of such governments. These
provisions are:
• Section 13(b)(20) of FLSA provides a com-
plete overtime pay exemption for any em-
ployee of a public agency who in any
workweek is employed in fire protection
activities or any employed in law enforce-
ment activities (including security person-
nel in correctional institutions), if the
public agency employs during the work-
week less than 5 employees in fire protec-
tion or law enforcement activities, as the
case may be.
• Section 7(k) of FLSA provides a partial over-
time pay exemption for fire protection and
law enforcement personnel (including se-
curity personnel in correctional institu-
tions) who are employed by public agen-
cies on a work -period basis. This section of
FLSA formerly permitted public agencies to
pay overtime compensation to such em-
ployees in work periods of 28 consecutive
days only after 216 hours of work. The
216-hour standard has been replaced, pur-
suant to the study mandated by the statute,
by 212 hours for fire protection employees
and 171 hours for law enforcement em-
ployees. In the case of such employees
who have a work period of at least 7 but
less than 28 consecutive days, overtime
compensation is required when the ratio of
the number of hours worked to the nurv'-,,
ber of days in the work period exceeds th!'
ratio of 212 (or 171) hours to 28 days.
• Section 7(o) of FLSA permits state and local
governments to give their employees com-
pensatory and time off in lieu of immediate
overtime pay in cash, at a rate of not less
than one and one-half hours for each hour
of overtime worked, but only pursuant to a
collective bargaining agreement or an
agreement or understanding arrived at be-
tween the employer and employee before
performance of the work. The maximum
compensatory time which may be accrued
by an affected employee shall be 480
hours for those engaged in a public safety,
emergency response, or seasonal activity,
and 240 hours for all other employees for
hours worked after April 15, 1986.
• Section 7(p)(2) of FLSA provides that where
state or local government employees, sole-
ly at their option, work occasionally or
sporadically on a part-time basis for the
same public agency in a different capacity
from their regular employment, the hours
worked in the different jobs shall not be
combined for the purpose of determining
overtime liability under FLSA.
• Section 7(p)(3) of FLSA provides that two
individuals employed in any occupation by
the same public agency may agree, solely
at their option and with the approval of thy`
public agency, to substitute for one anoth-
er during scheduled work hours in perfor-
mance of work in the same capacity. Then'
hours worked shall be excluded by the
employer in the calculation of the hours
for which the substituting employee would
otherwise be entitled to overtime compen-
sation under FLSA. Where employees
trade hours, each employee will be
credited as if he or she had worked his or
her normal work schedule for that shift.
• Section 3(e) of FLSA provides that indi-
viduals performing voiunteer services for
units of state and local governments will
not be regarded as "employees" under the
statute. The purpose of this subpart is to
define the circumstance under which'indi-
viduals may perform hours of volunteer
services for units of state and local govern-
ments without being considered to be
their employees during such hours for pur-
poses of FLSA.
Application of Section 13(a)(1) of FLSA to
State and Local Government Employees
Section 13(a)(1) of the Fair Labor Standards
Act (FLSA) provides that the Secretary of
Labor shall define the terms "bona fide ex-
ecutive, administrative, or professional ems
ployee ..:' under the FLSA for the purpc!'"
of determining whether persons employed in
such capacities are exempt from the mini-
mum wage and overtime provisions of the
Act. These rules require that such individuals
Page 12 June/July 1989
meet certain tests pertaining to salary levels,
job duties and responsibilities.
Numerous requests for opinions on the ap-
jication of the exempt status of state and
',cal government employees as bona fide
administrative employees have been re-
ceived by the wage and hour division. It is
the division's position that an employee may
qualify for exemption as a bona fide adminis-
trative employee if all of the pertinent tests
relating to duties, responsibilities, and salary,
as discussed in Section 541.2 of regulations,
part 541, are met. Pursuant to Section 541.2
(e)(2), an employee who is paid on a salary
or fee basis of at least $250 per week may
qualify for exemption as a bona fide admin-
istrative employee if the employee's primary
duty consists of the performance of office or
nonmanual work directly related to manage-
ment policies or general business operations
of the employer or the employer's customers,
which includes work requiring the exercise
of discretion and independent judgement.
In determining whether activities are
"directly related to management policies or
general business operations" of the employ-
er, it is important to consider the nature of
the "business" itself, or in the case of an
agency of a state or local government, the
function of the governmental agency in
question. For example, in one recent opinion
it was determined that a police officer did
not qualify for exemption as a bona fide ad-
ministrative employee, as defined in the
eo""I?gulations, since the officer's duties were
not directly related to management policies
or general business operations of the em-
ployer, which is one of the requirements for
exemption. Rather it was determined that be-
cause the police department's primary func-
tion is law enforcement, the investigation ac-
tivities of the police officer, which were the
primary duty of the officer, were related to
the going day-to-day "production operations
of the department as opposed to manage-
ment policies or general business operations
of the employer."
Regulatory revisions issued in 1980 by the
prior administration that would have raised
the salary test levels were indefinitely stayed
in 1981. The current action will ultimately
result in the publication of regulations to re-
place the stayed rules.
In addition, numerous comments and
petitions have been received seeking a com-
prehensive review of the regulations con-
cerning the existing salary as well as the
duties tests. Also, developments in recent
case law and industry practices indicate the
need for further changes in the regulations.
The major policy issues to be resolved will
be (1) whether to retain the concept of salary
tests; (2) if salary tests are retained, at what
levels; and (3) whether duties tests should be
e(evised, reinterpreted, or eliminated.
r.
Raymond, Cordelli is the Director of FLSA Opera-
tions at the U.S. Department of labor. This article
was a speech made to a meeting of NIMLO (Na-
tional Institute of Municipal Law Ofhcers).
ALASKA MUNICIPAL LEAGUE
ASSOCIATE AND ASSOCIATION MEMBERS
ACCOUNTING/AUDITING
Emst & Whinney
Hogan, Mecham, Richardson & Company
Mikunda, Cottrell and Company
Peat, Marwick, Main & Company
ATTORNEYS
Birch, Horton, Bittner, Cherot & Anderson
Fleming and Associates
Hughes, Thorsness, Gantz, Powell & Brundin
Jensen, Harris and Roth
Perkins Coie
Preston, Thorgrimson, Ellis & Holman
Robertson, Monagle & Eastaugh, P.C.
Wohlforth, Argetsinger, Johnson and Brecht
CONSULTING / PLANNING
Alaska Department of Community & Regional Affairs
Alaska Office of Management and Budget
Alaska Pacific Consultants
Alaska State Library and Archives
Ginny Chitwood & Company
EDUCATION /TRAINING / INFORMATION
Adak Region School District
Lower Yukon School District
Rasmuson Library, University of Alaska
Tlingit and Haida Indian Tribes of Alaska
ENGINEERING
CH2M HILL
Consulting Engineers Council of Alaska (CECA)
James M. Montgomery. Consulting Engineers, Inc
Ott Engineering, Inc.
URS Consultants, Inc.
FINANCIAL SERVICES/BANKING
Alaska Municipal Bond Bank
Appraisal Company of Alaska
Drexel, Burnham, Lambert
First Southwest Company
John Nuveen & Company, Inc.
National Bank of Alaska
Prudential-Bache Capital Fund
Seattle Northwest Securities Corporation
Security Pacific Bank Washington N.A.
Shearson -Lehman -Hutton
Smith and Barney
HOTELS
Westmark Hotels
INSURANCE / RISK MANAGEMENT
Adjustco, Inc.
Arthur J. Gallagher and Company
Corroon & Black, Inc.
John L. George, Risk Management Consultant
MUNICIPAL ASSOCIATIONS
Alaska Association of Assessing Officers
Alaska Association of Chiefs of Police
Alaska Association of Municipal Clerks
Alaska Chapter/American Planning
Association
Alaska Conference of Mayors
Alaska Fire Chiefs Association
Alaska Municipal Attorneys Association
Alaska Municipal Finance Officers Association
Alaska Municipal Management Association
Alaska Recreation & Park Association
Alaska Women in Government
North/Northwest Mayors Conference
Southwest Alaska Municipal Conference
Yukon Kuskokwim Delta Mayors Conference
OIL & GAS EXPLORATION
ARCO Alaska, Inc.
Chevron U.S.A., Inc.
TRANSPORTATION
Alaska Airlines
For more information on these firms and organizations, please consult the AML Local Government Products
and Services Directory, 1988.
AML MEMBER
FACSIMILE
PURCHASE PROGRAM
featuring /�
RICOH FACSIMILE
No. 1 in digital facsimile, L
since we invented it!
30% OFF LIST PRICE TO ALL AML MEMBERS
• RECOMMENDED MODEL RICOH FAX 25
—15 second transmission speed —115 station auto dialer
—10 page auto document feeder —send later at low rate periods
—department code tracking —batch page numbering
—64 shade halftone —contrast control
—compatible with all machines worldwide
AML MUNICIPAL MEMBER PRICE $1,655.00
ASSOCIATE MEMBER PRICE $1,972.00
Full ninety (90) day warranty included
Maintenance contract and supply pricing available upon request.
Call Kathy King at the Office Place in Anchorage at 786.5145 for information on machines or to order.
Call Scott Burgess at AML, 586-1325, for information on the group purchase agreement.
AML Newsletter Page 13
AML iIA News
Healey Bids a Fond Farewell
A parting message from your AML/JIA
Administrator:
As many of you already know, I have re-
signed my position as JIA Administrator effec-
tive June 30, 1989. My short stay in Alaska
has been a great experience for me. It has
been great to return to the land where I
served in the military many years ago.
Alaska's mountains and fjords have always
been special for me. And now, after working
with our JIA participants and prospects,
Alaska's people and communities have
become special to me too. I have had the
opportunity to visit Unalakleet, Kotzebue,
Kenai, Kodiak, Sitka, Ketchikan, and Tenakee
Springs. I only regret that I could not have
visited all our AML/JIA communities to meet
with you and to know you better.
Your AML/JIA has accomplished much in
its first year of operation. We began the year
with 37 participants, and as of May 31 Non-
dalton became our 38th participant. Many of
you are interested in becoming participants
on July 1, 1989, and have now received our
proposal. Participation in the AML/JIA gives
you more than insurance coverage —it gives
you the opportunity to better control your
risk and insurance destiny.
Tim Towarak, in his address to the North/
Northwest Mayors' Conference at its Febru-
ary meeting in Unalakleet, spoke of the
"synergistic effect" of working together. The
whole can be greater than the sum of its
parts. This is the essence, the strength of
municipalities joining together in pooled risk
management programs. Together we can
make it work and work better.
Your JIA pooled risk management program
has "value added" features that commercial
insurance carriers cannot offer. First and
foremost, we offer stability of cost and cov-
erage. This stability has been greatly en-
hanced by passage of our Municipal Debt
Financing legislation, signed into law June 1,
1989, as Chapter 85 SLA 89. This legislation
will enable us to complement, supplement,
augment, or replace our reinsurance with
commercial insurance carriers. It will also
allow us to build capital and surplus,
eliminating any possible need for risk assess-
ments. Rather than assessing on a one-time
basis, the needed funds can be obtained
over a longer period of time through bond-
ing. The costs can then be spread out, reduc-
ing their effect on annual budgets. Insurance
cycles with their "yo-yo" cost effects will be
a thing of the past for JIA members.
The JIA is adding a new position for FY
90—thpt of Risk Control Officer. This person
will provide our participants with "hands
on" loss prevention services including on -site
visits, risk analysis, and assistance in setting
up and maintain individualized loss control
programs. Our JIA motto, "Control Your Los-
ses, Control Your Costs," is more than a
motto —it is a fact of life. Controlling your
losses not only reduces your costs of risk in
insurance, but also provides a safer place to
work, and a safer place to work is a more ef-
ficient, cost effective place to work, Good
loss control management is good overall
management. A reduction in cash outflow is
as important to your financial statement as
an increase in cash inflow.
In FY 90 we will offer a competitive EMT
liability program through Scottsdale In-
surance Company in addition to the Police
Professional and Public Officials Liability pro-
grams already offered —another addition to
your AML/JIA program.
I know that your AMUJIA Board of Trustees
and the staff of the AML and AML/JIA are
committed to giving you, the ,AML/JIA.parti-
cipants, the best possible pooled risk man-
agement program. 1 encourage you to con-
tinue your support of their dedicated efforts.
will always treasure the time I have spent in
Alaska. with you, and hope our paths will
cross again in the future.
"Kiana."
Sincerely,
Bob Healey
NACo Steering Committee
Nominations Sought
The National Association of Counties
(NACo) is once again seeking members for
its policy -making Steering Committees.
NACo is the only national organization rep-
resenting county -level government in the
United States. Members from Alaskan bo-
roughs as well as urban, suburban, and rural
counties across the country share the com-
mon purpose of strengthening county -level
government to meet the needs of all Ameri-
cans. The AML is a member of NACo and its
Western Interstate Region (WIR) which
represents the unique interests of counties
and boroughs in thirteen western states with
large amounts of federal land. In addition,
the eight Alaskan boroughs that are mem-
bers of NACo individually are Municipality of
Anchorage, Fairbanks North Star Borough,
Haines Borough, City and Borough of
Juneau, Kenai Peninsula Borough, Kodiak
Island Borough, Matanuska-Susitna
Borough, and City and Borough of Sitka.
Alaska is now represented in the NACo
organization by Paul Chizmar, Fairbanks
North Star Borough, who represents AML on
the Board of Directors and serves on the En-
vironment, Energy, and Land Use Steering
Committee, and Betty Glick, Kenai Peninsula
Borough, who is the newly elected First Vice
President of the Western Interstate Region
(WIR), represents AML on the WIR Board,
and serves on the Public Lands Steering
Committee.
NACds policy documents include the
American County Platform, membership
resolutions passed at the annual meeting, in-
terim board resolutions on policy passed by
the board of directors between annual
meetings, and committee resolutions passed
by the steering committees to carry out E'
isting policy. The association has twelve
steering committees: agriculture and rural af-
fairs; community and economic develop-
ment; employment, environment, energy
and land use; health and education; human
services; intergovernmental relations; justice
and public safety; labor and employee
benefits; public lands; taxation and finance;
and transportation. Each committee has
members who are nominated by state asso-
ciations of counties/boroughs and appointed
by the NACo president for one year.
The steering committees are responsible
for studying issues, recommending new pol-
icy positions, and carrying out the American
County Platform. Committees review prob-
lems, identify areas of concern, and make
suggestions for federal, state, and county in-
volvement. They advise the NACo board and
review platform amendments and resolu-
tions. The steering committees usually meet
four times a year, including meetings at the
annual conference (in the summer) and the
legislative conference (usually in March).
Copies of the nomination form have been
sent to the clerk of each borough that is a
NACo member. Individuals who are inter-
ested in being appointed to a steering com-
mittee should obtain them from the borough
clerk and complete them immediately. Th.<.
nomination forms must be returned (by jut,
19) to AML Executive Director Scott Burgess,
who will then forward nominations to NACo.
The appointments must be confirmed by the
AML Executive Director, the AML President
and AML's representative on the NACo
Board. Appointments to steering committee
positions will be made by NACo First Vice
President Ann Klinger immediately after the
annual NACo Conference, which will be
held July 15-18 in Cincinnati.
For more information on NACo; its policy
process, membership, or nomination to a
steering committee, please contact AML at
586-132 5.
Don't miss out —tell your friends —
The 1989 Local Government Products' and
Services Directory will be published soon.
Anyone interested in doing business with
Alaska's local governments cannot afford to be
left out. Over 1,400 copies of the directory will
be distributed to Alaska's local government
officials —let them know about your products
and services. Listings and space ads are avail-
able. Free listings and special advertising rates
for AML Associate Members. Publication dead-
line is June 26, so call 586-1325 now for for
information!
Municipal officials —please call or write AML
with the names of suppliers you think should
be included in AML's 1989 Local Governmen'
Products and Services Directory. The more
listings we have, the more useful the directory
will be to you and others in Alaskan local
government.
Page 14 June/July 1989
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PLEASE REGISTER:
NAME
COUNCIL MEETING —S—
(10 minutes per person)
ADDRESS
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