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HomeMy WebLinkAbout1990-07-11 Council PacketKenai City Council Meeting Packet July 11, 1990 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 11, 1990 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. Wayne Leitner - Peninsula Athletic Club II 2. American Merchant Marines of Kenai - Anchor Monument/Memorial Park 3. Denis Douglas - General Re -Classification C. PUBLIC HEARINGS 1. Ordinance 1377-90 - Rescinding Ordinance 1289-88 and C�4j, Establishing a New Budget for the "Kenai Flats Wildlife. Viewing Area" Capital Project. D. COMMISSION AND COMMITTEE REPORTS 1. council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Parks & Recreation Commission 7. Planning & Zoning Commission 8. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of June 20, 1990. 2. *Special Meeting of June 26, 1990. F. CORRESPONDENCE 1. 6/21/90 C.Borden & T. Brooks letter regarding Cook Inlet Spill Prevention and Response Implementation Committee. G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified. 2. Requisitions Exceeding $1,000 3. *Ordinance 1384-90 - Amending KMC 4.05 by adding sections regarding the building permit application and final inspection requirements. 4. *Ordinance 1386-90 - Amending the Official City of .Kenai Zoning Map for Lots 4 and 5, Block 2, Valhalla :Heights Subdivision by preliminary plat and also known as K-1634. Contract Approval - Ashley Reed & Associates/July 15, 1990 through June 31, 1991. Approval - Request for Consent to Assignment/Lot 1A, of?Deshka Subdivision/Charles J. Craybaugh. Approval - Request for Consent to Security ;�WAssignment/Dragseth Approval - Request for Consent to Security -,'Assignment/Blue Mountain Ventures ii Discussion - Shore Fishery Lease p�?14 A 10. Discussion - Proposed Kenai Boat Ramp and Cunningham Park Al"e 1. Discussion - Park Shelters -2- 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 R. ADJOURNMENT -3- MAYOR'S REPORT JULY 11, 1990 COUNCIL MEETING 1. Mayor will be gone for the July 18, 1990 Council Meeting. CHANGES TO THE AGENDA 1. ADD: F-2 - 7/6/90 Laura Measles, Pres., Kenai Chamber of Commerce letter regarding Fourth of July City participation. 2. ADD: F-3 - 7/9/90 D. Burnett, Acting City of Kenai Fire Chief letter regarding invitation to Attend KFD Disaster Drill Planning Meeting on Monday, July 23, 1990. 3. ADD: To H-1 - PO to Wm. A. Kluge & Associates for contract \ inspection/Senior Center Dining Room Addition, including I review and approval of shop drawings, pay estimates, change orders, etc. 4. ADD: H-12 - Acceptance of Cabin from ARCO for Ivanoff Memorial Park/Old Town. 5. ADD: H-13 - To Consent Agenda - Pizza Paradisos - Application for Designation as Restaurant for Purposes of Allowing Underaged Persons on Licensed Premises. 6. ADD: I-1 - Mayor's Report: a. Appointment to Planning & Zoning Commission - Applications on file = Kathleen Herold -Scott Christy D. Anderson Harris (Nick) Miller Christine A. Reynolds Bernard T. Landeis Barbara E. Walters Edgar E. Carle John D. (Doug) Thompson Samuel F. Maguire b. Acknowledgement of Ron Rainey resignation from Harbor Commission. Appointment needs to be made. Applications on file = John D. Thompson Samuel F. Maguire Barbara Waters (Dean's Peninsula Printing) Edgar Carle Donald A. Malmberg (Dust Collectors - has contract with City for janitorial work.) �t-.P..,��E. �,J �/ t., �.;, ✓�� �s. ,e_.�,a ;f' �.�R,. •:: GtG. �i�tt Exc?' c_<c<. �-C�t.. AGEDA KENAI CRY COUNCIL -REGULAR MEETING - JULY 18,1990 B. SCHEDULED PUBLIC COMMENT(10 Min.) 1. Garr) SParks/Beatdmcation Committee. Add. - Ilona[ Sidewalks/Lsti Hansen Memorial Park. . C. PUBLIC HEARINGS w;:..1. Ordinance No.1384.90 - Amending KMC 4.05 by Adding Sections Regarding the Building permit Ap• Plication and Final Inspection Requirements. _n 2. Ordinance No.1386.90 - Amending the ONcal City of Kenai Zoning Map for Lots 4 and 5, Block 2, Valhalla Heights Subdivision by Preliminary Plat and Also Known as K.1634. . . 9. Resolution No. 90.33 - Awarding a Recording and Transcribing Mlnutes Secretarial Contract for a Pa. dod from July 19, 1990 to June W 1991. a. Substitute The public is invited to attend and participate, s';.;..., Carol L Freas, _ City Clerk D676 COUNCIL MEETING OFy �ygQ COUNCIL MEETING OF TO DO LIST JULY 11, 1990 KENAI COUNCIL MEETING BB, CRG, CAB: Review Leitner grant package regarding liabilities and feasibilities of City administering the grant. Also, find out why the Borough is not empowered to administer grants such as these. Include resolution in packet in order to act on if desired. Clerk: Contact Kenai Jim and obtain sketch of American Merchant Marines proposed anchor monument for Memorial Park. Clerk: Correspondence received regarding Cook Inlet Spill Prevention and Response Citizen Advisory Committee should be copied to the Harbor Commission Chairman. J Letter to Mayor Gilman stating City would like to have a representative placed on the Advisory Committee of the Cook Inlet Spill Prevention and Response Implementation Committee. The appointee will be from the Harbor Commission. The Harbor Commission chairman will designate the appointee. Councilwoman Monfor: Get recommendation of Kenai Bicentennial Visitors & Convention Bureau as to which architect to use for design of KBVCC. KK: Report back to Council as to the possibility of moving a gas line on property to be used for KBVCC. Clerk: Advertise Work Session scheduled for September 12, 1990 at 7:00 p.m. in Public Works Conference Room. Topic to be discussed: Shore Fishery Leases. KK: Pursue Corps of Engineers permit application for Proposed Kenai Boat Ramp on Cone property. KK: Write a letter to Corps and request a public hearing regarding the boat ramp to be held in Kenai. KK: Write ordinance to award contract to build one picnic shelter kit to Beaver Loop Welding for July 18, 1990 meeting. -1- Dave Burnett, HH and Bicentennial Office: Get in touch with Bret Allard at ARCO to look at cabin intended to be donated to City for Ivanoff Memorial Park and report back to Council. JJW: Write a letter to Mr. Allard at ARCO. State that the City will send representatives to look at the cabin intended to be donated and after review will decide whether to accept or not. Request ARCO put the demolition of the building on hold until after review. Clerk: Letter of appointment to Planning & Zoning Commission to Kathy Scott. Clerk: Letter of appointment to Harbor Commission to Mr. Malmberg. Clerk: Thank -you letter to Ron Rainey for involvement in Harbor Commission. CRG: Review Code to see if City Manager can appoint an Acting City Clerk as needed or if a specific person must be named to the position. RAE: August 1, 1990 Council Meeting - Report on progress of all aspects of the Float Plane Basin. RAE: Have cracks in pavement at the back door of airport building repaired. JJW/Clerk: Order magnetic "Mayor of the City of Kenai" signs for car for use during parades, etc. KK: Design and order a sign to be placed on Oberts property along the Kenai River noting that portion of the river is inside the City of Kenai and that the world's largest king salmon was hooked inside the City of Kenai. Sign is to be placed as soon as possible. -2- KENAI CITY COUNCIL - REGULAR MEETING JULY 11, 1990 B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Wayne Leitner - Peninsula Athletic Club II 2. American Merchant Marines of Kenai - Anchor Monument/Memorial Park 3. Denis Douglas - General Re -Classification C. PUBLIC HEARINGS 1. Ordinance 1377-90 - Rescinding Ordinance 1289-88 and Establishing a New Budget for the "Kenai Flats Wildlife Viewing Area" Capital Project. The public; is invited to attend and participate. Carol L. Freas City Clerk AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 11, 1990 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. Wayne Leitner - Peninsula Athletic Club II 2. American Merchant Marines of Kenai - Anchor Monument/Memorial Park 3. Denis Douglas - General Re -Classification C. PUBLIC HEARINGS 1. Ordinance 1377-90 - Rescinding Ordinance 1289-88 and Establishing a New Budget for the "Kenai Flats Wildlife Viewing Area" Capital Project. D. COMMISSION AND COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Parks & Recreation Commission 7. Planning & Zoning Commission 8. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of June 20, 1990. 2. *Special Meeting of June 26, 1990. F. CORRESPONDENCE 1. 6/21/90 C.Borden & T. Brooks letter regarding Cook Inlet Spill Prevention and Response Implementation Committee. G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified. 2. Requisitions Exceeding $1,000 3. *Ordinance 1384-90 - Amending KMC 4.05 by adding sections regarding the building permit application and final inspection requirements. 4. *Ordinance 1386-90 - Amending the Official City of Kenai Zoning Map for Lots 4 and 5, Block 2, Valhalla Heights Subdivision by preliminary plat and also known as K-1634. 5. Contract Approval - Ashley Reed & Associates/July 15, ." 1990 through June 31, 1991. 6. Approval - Request for Consent to Assignment/Lot 1A, C� Deshka Subdivision/Charles J. Craybaugh. 7. Approval - Request for Consent to Security Assignment/Dragseth 8. Approval - Request for Consent to Security Assignment/Blue Mountain Ventures 9. Discussion - Shore Fishery Lease 10. Discussion - Proposed Kenai Boat Ramp and Cunningham Park 11. Discussion - Park Shelters /a. -2- MAYOR'S REPORT JULY 11, 1990 COUNCIL MEETING 1. Mayor will be gone for the July 18, 1990 Council Meeting. CHANGES TO THE AGENDA 1. ADD: F-2 - 7/6/90 Laura Measles, Pres., Kenai Chamber of Commerce letter regarding Fourth of July City participation. 2. ADD: F-3 - 7/9/90 D. Burnett, Acting City of Kenai Fire Chief letter regarding invitation to Attend KFD Disaster Drill Planning Meeting on Monday, July 23, 1990. 3. ADD: To H-1 - PO to Wm. A. Kluge & Associates for contract inspection/Senior Center Dining Room Addition, including review and approval of shop drawings, pay estimates, change orders, etc. 4. ADD: H-12 - Acceptance of Cabin from ARCO for Ivanoff Memorial Park/Old Town. 5. ADD: H-13 - To Consent Agenda - Pizza Paradisos - Application for Designation as Restaurant for Purposes of Allowing Underaged Persons on Licensed Premises. 6. ADD: I-1 - Mayor's Report: a. Appointment to Planning & Zoning Commission - Applications on file = Kathleen Herold -Scott Christy D. Anderson Harris (Nick) Miller Christine A. Reynolds Bernard T. Landeis Barbara E. Walters Edgar E. Carle John D. (Doug) Thompson Samuel F. Maguire b. Acknowledgement of Ron Rainey resignation from Harbor Commission. Appointment needs to be made. Applications on file = John D. Thompson Samuel F. Maguire Barbara Waters (Dean's Peninsula Printing) Edgar Carle Donald A. Malmberg (Dust Collectors - has contract with City for janitorial work.) Peninsula Athletic Club 2901 P. O. Box 88 Kenai, Alaska 99611 July 6, 1990 Kenai City Council Kenai, Alaska 99611 Subject: Federal Funds for Business Development City Manager Bill Brighton, The City of Kenai has the opportunity to be involved with a program to stimulate local business growth with limited time investment and no monetary risk. Peninsula Athletic Club II, a new business in the area, has been pre -approved for this loan program and meets the requirements and objectives as set for in it. This business provides a full range of fitness -related activities including exercise classes, exercise equipment, weights, indoor track, childcare, and locker facilities. The facility is located in the former Kenai Drug building with 60-70% of its particpants living in Kenai. The $25,000 loan is to be used for construction costs of which 100% will be invested back into our community to local businesses. This winter, the State of Alaska modified a grant program to convert it to a loan program for small businesses in rural areas (CDBG-REDI). The objective of the program is to provide funds to new or expanding businesses to stabilize or create new jobs in rural areas. The funds are supplied by the Federal government to the State in the form of grants so the money stays in the state in a revolving fund supporting new businesses in the future as well. The State works with local sponsoring governments to distribute the funds and complete the necessary paperwork. The two main concerns the City should have when approaching a proposal such as this are: 1. How much work is involved? 2. What is the financial risk to the City? In the past, the City of Kenai has become involved with a number of grant programs which have created additional workloads for the City and its representatives. This particular program, as it applies to Peninsula Athletic Club II, is quite straightforward. Application Requirements: There are six sections to the application which the City would be involved in. Of those six, three are to be completed by the business and the City, meaning the business would complete the information and the City representative would confirm the information. The other three sections are supplied by the State in completed form and simply need to be reviewed by the City or its representative for compliance. Public Hearing Requirement: A public hearing must be held for approval of this sponsoring activity. Record -keeping Requirements: For two years, the City must receive reports from the business indicating that at least 60% of the employment applicants come from low to middle income range. Loan Proceeds Requirements: Proceeds come to the City and the Business from the State in the form of a check requiring both signatures. Loan repayment is arranged through a local bank and is paid directly to the servicing agent (bank) by the business. The City is not liable for the repayment of the loan in case of default by the business. Attached is the paperwork for the six sections from the application which the City would be involved in. Your consideration in this matter is appreciated. Respectfully, on qYto yne Leitner Owner Page 2 of 2 _ _ _ _ _ _ 13. AUTHORIZATION TO VERIFY FINANCIALS (1 page) Authorization to verify financial information. _ _ _ _ _ _ 14. CREDIT DISCLOSURE AUTHORIZATION (1 page) Authorization to creditors to disclose credit transactions to state for purpose of verification for this application. B. BUSINESS AND LOCAL GOVERNMENT (15-17) F 15. RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION (2 pages) An agreement between the business and the local government authorizing submission of the application and compliance with all state, federal and program requirements. _F 16.' LOCAL GOVERNMENT SPONSOR/SUMMARY AGREEMENT (3 pages) An agreement between the business and local government assuring local government sponsorship, assignment of repayments to the state, consideration of impact; public input and environmental assessment. F ' 17. EMPLOYMENT RECRUITMENT AGREEMENT (3 pages) Agreement signed by the business, local governmental, and if applicable, the job referral program, OR other assurance that a minimum of 60% LMI qualified individuals will be, of have been hired in the business. N -�c- C. LOCAL GOVERNMENT ONLY (18-20) F 18. STATEMENT OF ASSURANCES AND CERTIFICATIONS A complete form documenting the applicant(s) agreement to compliance with all applicable federal and state conditions. _ F 19. CITIZEN PARTICIPATION PLAN A complete, executed assurance of plan compliance along with appropriate documentation. (Minutes of public meeting, citizen comments, etc.) F 20. ENVIRONMENTAL ASSESSMENT CHECKLIST See Attachment 2 for details and form. Applications must include a completed and executed Assessment Checklist form.. 13 .'•- 1�!':, ti"("�! r4. State of Alaska RURAL DEVELOPMENT w Department of Community FUND PROGRAM .-•--••••.-.-••- •••^K•- and Regional Affairs ENTREPRENEUR FUND RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION NO. s r A resolution authorizing submission of an application to the state of Alaska for a Community Development Block Grant (CDBG) under the DCRA/Rural Development Fund Program. ' WHEREAS, CDBG funds are available to support economic development projects which are ready to implement and for which jobs created or retained will be made available to lower income persons; and WHEREAS, they Name of Business) Rural Development Fund Project represents a commitment of. private resources towards enhancing the vitality of the area and expanding the employment opportunities in the local area; and WHEREAS, it is necessary that certain conditions be met as part of the application requirements; and ' ,AS, the (Name f Local Government) will provide citizens with.. reasonable• notice i, and an opportunity to comment on,. any substantive change' proposed from one eligible activity to another; and., . WHEREAS, the (Name of Local Government) shall agree to comply with all applicable federal and state regulations, in the event that this application is selected for funding, including federal and state regulations in regard to the environmental impact, of the project; and WHEREAS, the. (Name f Local (iovernment) will provide opportunities for citizen participation in accordance. with the CDBG Citizen Participation Plan, and has complied with all applicable' public requirements; and 30 I. J. R. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager DISCUSSION 1. Citizens 2. Council ADJOURNMENT -3- Title: Attest: 31' state of Alaska RURAL DEVELOPMENT Department of Community FUND PROGRAM 1. ..,=....o+.D....:-.e.f+�.�..**.�..-) and Regional Affairs ENTREPRENEUR FUND EMPLOYMENT RECRUITMENT AGREEMENT ---------- --------- ________ (Local Government) --------------------------- (Business): and. ______ (job Referral m Prograif applicable) A. PURPOSE The purpose of this agreement is to provide qualified, lower income, individuals first opportunity for employment for positions generated as the result of the financing under the Rural Development Fund Program. Guidance concerning these income levels as found in Attachment 1. The Business recognizes that Rural Development Fund Program funds are public funds loaned by the Local Government to the Business. The Business recognizes the Local Government desires to increase employment opportunities for lower income people by lending these public funds to the Business. The Business' job creation/retention goals are outlined, in the "Local Government Sponsor/Summary Agreement," Part II. B. TERMS (If Job Referral Program Is applicable) The Local Government and Business recognize that the Job Referral Program has the capacity to meet the placement service needs of lower income individuals. The Business shall notify the Job Referral Program of its need for new or replacement employees. The Business shall describe the nature of the job, estimated hours, wages, skills required, number of employees sought, number of referrals for each position, etc. Job openings filled by internal promotion within the Business' work force shall not be subject to this recruitment process. This agreement becomes effective upon execution by'all the parties and shall remain in effect until the Job Referral Program receives notice from the Local Government that the business . has met its hiring commitments under the Rural Development Fund Program. The Job Referral Program will refer applicants according to the qualifications set forth by the Business. Only the number of applicants requested by the Business will be referred. The final hiring decision for each job created shall be the responsibility of the Business, but in any event the Business will make a good faith effort to hire individuals referred through the Job Referral Program. The Job Referral Program will have a certification signed by each person referred to the Business for employment. The certification shall be in the form attached as paart of Attachment 1 (the "Employee/Job Applicant Certification"). On an annual basis the Job Referral Program shall send copies of all Certifications received during the period to the Local Government and the Department of Community and Regional Affairs along with a summary of the number of jobs available, the number of applicants screened, the number of applicants referred to the Business, and the number of applicants placed by position. If these reports indicate the Business is not complying with the job recruitment and placement objectives 35 ��.a�l [rrrr. 1)e..:ra�ani l�ila.7+fa M[raa - . contemplated by this agreement, the Local Government will conduct an on -site monitoring visit within two weeks of receiving the report and report its.findings to the Department of Community and Regional Affairs within 10 working days. The job Referral program agrees that applicants referred to the Business will meet the lower income standards for the area. The job Referral Program is encouraged to refer qualified applicants to the Business who resides . within the borders of the Local Government C. TERMS (If a Job Referral Program is not applicable) The Local Government.and Business recognize that the placement service needs of lower income individuals must be met. The Business shall publically advertise its need for new or replacement employees. The Business shall describe the nature of the job, estimated hours, wages, skills required, number of employees sought; number of:referrals for each position, etc. Job openings filled by internal promotion within the Business' :work force shall not be subject to. this .recruitment process. -, This agreement becomes effective upon execution by all the parties and shall remain in.effect until the Business receives .notice from the Local Government that the,business has met its hiring. commitments under. the Rural Development Fund Program The final hiring decision for each job created shall be the responsibility of the Business, but in any event the Business will make,a good faith effort to'hire individuals who,meet the income requirements. The Business will have a certification signed by each person applying for employment. This certification shall be ;in the form.seen as part of Attachment 1 (the "Employee/Job ApplicantCertificatio.n" ).' On an annual basis the Business shall send copies of -all certifications received during the period to the Local Government and the Department of Community and Regional Affairs. along with"a summary of the number of jobs available, the number of , applicants "screened,•th number of applicants referred to the Business, and the number of applicants 'placed by position. If these reports indicate the Business is not complying with the job recruitment and placement objectives contemplated by this. agreement, the Local Government will -conduct an on -site monitoring. visit within two weeks of receiving the report and report its findings to. the Department' of Community and Regional Affairs within 10 working days The Business agrees that no fewer than 60 percent of the new or replacement non -marginal jobs within the period of this agreement shall be made available toqualifying individuals in accordance with these recruitment procedures.The Business agrees. that it will not discriminate against any person because of race, creed, sex; color or national origin and shall take affirmative action to ensure that applicants are employed and, that employees are_ treated during employment without regard to race, creed, sex, color orb national origin. Such actions to include,.but not be to limited to employment upgrading, demotion or transfer, recruitment'or recruitment advertising, lay-offs or termination, rates of pay, or other forms of compensation. , 36 _ • ISM � ,,�, ��% •',� SIGNATURES Local Government: ---------------------------------------------- By---------------------- --------------------- Title Date Business: f -- ----- -- By -- ----- — ---- --------------- -- --- -- . _ Title Date---------------------. --------- --------- Job Referral Program: (If applicable) By ------ - Title Date----------------------------------------- 3�� ATTACHMENT 4: - STATEMENT OF ASSURANCES AND CERTIFICATIONS Each applicant must agree to comply with all applicable state and federal laws and regulations in implementing their proposed CDBG- REDI project if selected for funding. Listed in the Statement of Assurances are the most important federal regulations that apply to projects using CDBG-REDI funds. They cover a wide range of issues including environmental impacts, labor standards, employment practices, financial procedures, and civil rights, many of which can have an effect on the costs or complexity of project implementation. Each federal law or regulation is annotated to give the applicant a general understanding of the requirements that must be met. Since this is a brief summary and not intended to be a comprehensive description of each law, local officials who have any questions or concerns regarding the applicability of these requirements should contact the Department of Community and Regional Affairs' Block Grants Administrator at 465-4890 for guidance. 2'ATEMENT OF ASSURANCES AND CERTIFICATIONS The Applicant hereby assures and certifies that: 1. ACCEPTANCE OF CDBG/REDI PROGRAM REQUIREMENTS They will comply with all applicable parts of Title I of the Housing and Community Development Act of 1974, as amended, which have not been cited herE�in, as well as with other applicable federal laws and regulations. They will comply with all requirements established by the Department of Community and Regional Affairs to ensure conformance to applicable state laws, regulations, and administrative procedures. They will accept the terms, conditions, selection criteria, and procedures established by the CDBG-REDI program and expressly waive any statutory or common law right it may have to challenge the legitimacy and propriety of these terms, conditions, criteria, and procedures in the event that it is not selected for an award of CDBG-REDI funds. 2. ACQUISITION, DISPLACEMENT AND RELOCATION The applicant will minimize displacement as a result of activities assisted with C:DBG-REDI funds and assist persons actually displaced. They will comply with: Sections 301-302 of Title III (Uniform Real Property Acquisition Policy) of the Uniform Relocation Assistance and Real Property EIQ-11i_es A,-t of 1970 and will comply with Sections 303-304 of the Title III, and HUD implementing instructions contained in 24 CFR Part 4.2. The grantee must inform affected persons of their rights and of' the acquisition policies and procedures set forth in the regulations of 24 CFR, Part 42 and 24 CFR 570.602(b); .m Ti_1e II (;Uniform Relocation Assistance), the Uniform Relocatio_p Assistance and Property Acquisition Act of 1970 and HUD implementing regulations of 24 CFR Part 42 and 24 CFR 570.602(a) which require the grantee to provide relocation payments and offer relocation assistance as described in Section 205 of the Uniform Relocation Assistance Act to all persons displaced as a result of acquisition of real property for an activity assisted under the CDBG-REDI Program. Such payments and assistance must be provided in a fair and consistent and equitable manner that ensures that the relocation process does not result in a different or separate treatment of such persons on account of race, color, religion, national origin, sex or source of income. The grantee must assure that, within a reasonable period of time prior to displacement, decent, safe and sanitary replacement dwellings will be available to all displaced families and individuals and that the range of choices available to such persons will not vary on account of their race, color, religion, national origin, sex or source of income. 3. ASSESSMENTS FOR PUBLIC IMPROVEMENTS They will not attempt to recover any capital costs of public improvements assisted in whole or in part with CDBG-REDI funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: a. CDBG-REDI funds are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than CDBG-REDI funds; or, b. for purposes of assessing any amount against properties owned and occupied by persons of low and moderate income who are not persons of very low income, the applicant certifies that it lacks sufficient CDBG-REDI funds to comply with the requirements of clause (a), above. 4. BUILDING STANDARDS They will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under the Alaska CDBG-REDI Program to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," subject to the exceptions contained in CFR 101-19.604. The applicant will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; and will comply with HUD Cost -Effective Energy Standards, 24 CFR Part 39. 99 ATTACHMENT 4: - STATEMENT OF ASSURANCES AND CERTIFICATIONS Each applicant: must agree to comply with all applicable state and federal laws and regulations in implementing their proposed CDBG- REDI project if selected for funding. Listed in the Statement of Assurances are the most important federal regulations that apply to projects using CDBG-REDI funds. They cover a wide range of issues including environmental impacts, labor standards, employment practices, financial procedures, and civil rights, many of which can have an effect on the costs or complexity of project implementation. Each federal law or regulation is annotated to give the applicant a general understanding of the requirements that must be met. Since this is a brief summary and not intended to be a comprehensive description of each law, local officials who have any questions or concerns regarding the applicability of these requirements should contact the Department of Community and Regional Affairs' Block Grants Administrator at 465-4890 for guidance. ,STATEMENT OF ASSURANCES AND CERTIFICATIONS The Applicant: hereby assures and certifies that: 1. ACCEPTANCE OF CDBG/REDI PROGRAM REQUIREMENTS They will comply with all applicable parts of Title I of the Housing and Community Development Act of 1974, as amended, which have not been cited herein, as well as with other applicable federal laws and regulations. They will comply with all requirements established by the Department of Community and Regional Affairs to ensure conformance to applicable state laws, regulations, and administrative procedures. They will accept the terms, conditions, selection criteria, and procedures established by the CDBG-REDI program and expressly waive any statutory or common law right it may have to challenge the legitimacy and propriety of these terms, conditions, criteria, and procedures in the event that it is not selected for an award of CDBG-REDI funds. 2. ACQUISITION, DISPLACEMENT AND RELOCATION The applicant: will minimize displacement as a result of activities assisted with. CDBG-REDI funds and assist persons actually displaced. They will comply with: Sections 391-302 of Title III (Uniform Real Property Acquisition Policy) Q1— the Uniform Relocation Assistance and Real Property P41 i_e�_Ar of 1970 and will comply with Sections 303-304 of the Title III, and HUD implementing instructions contained in 24 CFR Part 42. The grantee must inform affected persons of their rights and of the acquisition policies and procedures set forth in the regulations of 24 CFR, Part 42 and 24 CFR 570.602(b); Section 3- of the Housing and Community Development Act of 1968 (12 U.S.C. 170 lu) (24 CFR Part 135). Section 3 of the Housing and Urban Development Act of 1968 requires, in connection with the planning and carrying out of any project assisted under the Act, to the greatest extent feasible, opportunities for training and employment be given to lower income persons residing within the unit of local government or the non -metropolitan county in which the project is located, and contracts, for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part, by persons residing in the project area. The grantee must assure good faith efforts toward compliance with the statutory directive of Section 3; and Executive _Order 11246, as amended by Executive Orders 11375 and 12p8a,.and the regulations issued pursuant thereto (24 CFR Part 130 and 41 CFR Chapter 60) prohibit a CDBG-REDI recipient and subcontractors, if any, from discriminating against any employee or applicant for employment because of race, color, religion, sex or national origin. The grantee and subcontractors, if any, must take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action must include, but not be limited to, the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The grantee and subcontractors must post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. For contracts over $10,000 the grantee or subcontractors will send to each applicable labor union a notice of the above requirements, the grantee and subcontractors will comply with relevant rules, regulations and orders of the U.S. Secretary of Labor. The grantee or subcontractors must make their books and records available to state and federal officials for purposes of investigation to ascertain compliance. Fair Housing They will affirmatively further fair housing and will comply with: Tit]Q yzzl of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended. The law states that it is the policy of the United States to provide within constitutional limitation, for fair housing throughout the United States and prohibits any person from discriminating in the sale or rental of housing, the 101 5. CITIZEN PARTICIPATION They will comply with the detailed Citizen Participation Plan adopted by the Alaska Department of Community and Regional Affairs for the Fiscal Year 1989 Alaska CDBG-REDI Program. 6. CIVIL RIGHTS, EQUAL OPPORTUNITY, AND FAIR HOUSING REQUIREMENTS Civil Rights The applicant will comply with Title VI of the Civil Rights Act of .19.64 (42 U.S.C.2000d et seq.), and the regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in the United States shall., on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant received federal financial assistance and will immediately take any measures necessary to effectuate this assurance. Equal Opportunity They will comply with: Section .Q9 of the Housing and Community Development Act of 1974 (ACT), as amended, and the regulations issued pursuant thereto (24 CFR 570.601), which provides that no person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds provided under the Act; e Aae iliscrimimation Act of 1975, as amended (42 U.S.C. 6101 et seq.). The act provides that no person shall be excluded from participation, denied program benefits or be subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance; es� ;)�i4 0£ the Rehabilitation Act of 1973, as amended (29 U.S.C. 794). The act provides that no otherwise qualified individual shall, solely by reason of his or her handicap, be excluded from participation (including employment), denied program 'bE!nefits or be subjected to discrimination under any program or activity receiving federal assistance funds; 100 The National Environmental Policy Act of 1969 (42 U.S.C. Section 4321, et seq. and 24 CFR Part 58). The purpose of this Act is to attain the widest use of the environment without degradation, risk to health or safety or other undesirable and unintended consequences. Environmental review procedures, including determining and publishing a finding of significance/no signifi- cance for a proposal, are a necessary part of this process. Pursuant to these provisions, the grantee must also submit environmental certifications to the Department of Community and Regional Affairs when requesting that funds be released for the project. The grantee must certify that the proposed project will not significantly impact the environmental regulations and fulfilled its obligations to give public notice of the funding request, environmental findings and compliance performance. EPA List of Violating Facilities They will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the program are not listed on the U.S. Environmental Protection Agency's (EPA) List of Violating Facilities and that it will notify the Department of Community and Regional Affairs of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by EPA. Farmlands Protection They will comply with the Farmlands Protection Policy Act of 1981 (7 U.S.C. 4202, et seq.) and any applicable regulations (7 CFR Part 658) which established compliance procedures for any federally assisted project which will convert farmlands designated as prime, unique or statewide or locally important, to non-agricultural uses. I'loodplain Management and Wetlands Protection They will comply with: Jh.Q Flood_Disaster Protection Act of 1973-Public Law 93-234, 87 Stat. 975, approved December 31, 1973. Section 102(a) requires, on and after March 2, 1974, the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area. that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect federal assistance; 103 financing of housing or the provision of brokerage services, including in any way making unavailable or denying a dwelling to, any person because of race, color, religion, sex or national origin. CDBG-REDI grantees must also administer programs and activities relating to housing and community development in a manner that affirmatively promotes fair housing and furthers the purposes of Title VIII; and FIX ecutive OLdar 11063, as amended by Executive Order 12259 which requires CDBG-REDI recipients to take all actions necessary and appropriate to prevent discrimination because of race, color, religion, creed, sex or national origin; in the sale, leasing, rental and other disposition of residential property and related facilities (including land to be developed for residential use); or in the use or occupancy thereof if such property and related facilities are, among other things, provided in whole or in part with the aid of loans, advances, grants or contributions from the federal government. Conflict of Interest They will comply with the provisions of 24 CFR 570.611. 7. ENVIRONMENTA:L REQUIREMENTS Air Quality The applicant will comply with the Clean Air Act (42 U.S C. 7401, et seq.) which prohibits engaging in, supporting in. any way, or providing financial assistance for, licensing or permitting, or approving any activity which does not conform to the state implementation plan for national primary and secondary ambient air quality standards,, Environmental Impact They will comply with: Section 104(_f-)- of the Housing and Community Development Act of 1974,` as amended through 1981. This section expresses the intent that "the policies of the National Environmental Policy Act of 1969 and other provisions of law which further the purposes of such Act be most effectively implemented in connection with the expenditure of funds under" the Act. Such other provisions of law which further the purpose of the National Environmental Policy Act of 1969 are specified in regulations issued pursuant to Section 104(f) of the Act and contained in 24 CFR Part 58; and 102 Lead -Based Paint They will comply with Title IV of the Lead -based Paint Po' Qning- Fg.eventiori Act (42 U.S.C. 4831), which prohibits the use of lead -based paint in residential structures constructed or rehabilitated with federal assistance of any kind. Noise, Facility Siting They will comply with HUD Environmental Standards (24 CFR, Part 51, Environmental Criteria and Standards and 44 F.R. 40860-40866, July 12, 1979). These regulations prohibit HUD support for most new construction of noise -sensitive uses. HUD support is prohibited in general for projects with unacceptable noise exposures; and is discouraged for projects with normally unacceptable noise exposure. Projects may not be located near facilities handling materials of an explosive or hazardous nature, or in airport clear zones. Solid Waste They will comply with the Slid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901, et seq.). The purpose of this Act is to promote the protection of health and the environment and to conserve valuable material and energy resources. Water Quality They will comply with: The SD-e Drinking Water Act of 1974 (42 U.S.C. 201, 300(f) et seq. and U.S.C. Section 349), as amended, particularly Section 1424(e) (42 U.S.C. Section 300H-303(e)) which is intended to protect underground sources of water. No commitment for federal financial assistance, according to this Act, shall be entered into for any project which the U.S. Environmental Protection Agency determines may contaminate an aquifer which is the sole or principal drinking water source for an area; and The aderal Water Pollution Control Act of 1972, as amended, including the Clear Water Act of 1977, Public Law 92-212 (33 U.S.C. Section 1251, et seq.) which provides for the restoration of maintenance of the chemical, physical and biological integrity of the nation's water. 105 Executive Order 11988, May 24, 1978. Floodplainaement (42 F.R. 26951, et seq.). The intent of this executive order is to (1) avoid, to the extent possible, adverse impacts associated with the occupancy and modification of floodplains and (2) avoid direct or indirect support of floodplain development wherever there is a practical alternative. If a grantee proposes to conduct, support or allow an action to be located in the floodplain, the grantee must consider alternatives to avoid adverse effects and incompatible involvement in the floodplains. If locating :in a floodplain is the only practical alternative, the grantee must, prior to taking any action: (1) design or modify its actions in order to minimize a potential harm to the floodplain; and (2) prepare and circulate a notice containing an explanation of why the action is proposed to be located in a floodplain; and Executive Oxsd-Qr 11990, May 24, 1977. Protection of Wetlands (42 F.R. 26961, et seq.). The intent of this executive order is to avoid, to the extent possible, adverse impacts associated with the destruction or modification of wetlands and direct or indirect support of new construction in wetlands, wherever there is a practical alternative. The grantee must avoid undertaking or providing assistance for new construction located in wetlands unless there: :is no practical alternative to such construction, and the proposed action includes all practical measures to minimize harm to wetlands, which may result from such use. Historic Preservation They will comply with: Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470, as amended) through completion of the procedures outlined in 36 CFR 800 and 36 CFR 63.* Compliance with these procedures should include: 1. consulting with the State Historic Preservation Office (SHPO) to identify properties listed in or eligible for inclusion in the National Register of Historic Places that exist in a proposed CDBG-REDI project's area of potential environmental impact, and/or to determine the need for professional archaeological, historical, or architectural inventory of potentially affected properties to determine whether they would qualify for register listing; and 1. 2. consulting, as needed with the SHPO, Keeper of the' National Register of Historic Places, and the Advisory Council on Historic: Preservation to evaluate the significance of historic: or prehistoric properties which could be affected by CDBG--REDI work and to determine how to avoid or mitigate adverse effects to significant properties from project work. 104 The Single Audit Act of 1986 which establishes criteria for determining the scope and content of audits and with OMB CirculQr A-128, which requires that any Grantee receiving $100,000 or more a year in federal funds to have an audit made for that year. Grantees that receive between $25,000 and $100,000 a year shall have an audit in accordance with this circular, and Grantees receiving less that $25,000 a year in federal funds shall be exempt from compliance with the circular and other federal audit requirements. 9. LABOR STANDARDS They will comply with: ,Pction 110 of thQHousing and Community 1)evej_4pment Act of 1975 as amended, 24 CFR 570.605, and state regulations regarding the administration and enforcement of labor standards. Section 110 requires that all laborers and mechanics employed by contractors or subcontractors on construction work assisted under the Act shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276-1 276a-5). By reason of the foregoing requirement the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies. However, these requirements apply to rehabilitation of residential property only if such property is designed for residential use for eight or more families; and vU_Bacon Act, as amended (40 U.S.C. 276a et seq.), Section 2; June 13, 1934, as amended (48 Stat. 948.40 U.S.C. 276(c)), popularly known as The Copeland Anti -Kickback Act. The Act mandates that all laborers and mechanics be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account except "permissible" salary deductions, the full amounts due at the time of payments, computed at wage rates not less than those contained in the wage determination issued by the U.S. Department of Labor. Weekly compliance statements and payrolls are required to be submitted to the federally -funded recipient by the contractor; and antract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.;)., According to the Act, no contract work may involve or require laborers or mechanics to work in excess of eight hours in a calendar day, or in excess of 40 hours in a work week, unless compensation of not less than one and one-half times the basic rate is paid for the overtime hours. If this Act is violated, the contractor or subcontractor is liable to any affected employee for unpaid damages as well as to the United States for liquidated damages; and 107 Wildlife They will comply with: The Endangered S,Recies Act of 1973, as amended (16 U.S.C. 1531 et seq.). The intent of this Act is to ensure that all federally assisted projects seek to preserve endangered or threatened species. Federally authorized and funded projects must not jeopardize the continued existence of endangered and threatened species or result in the destruction or modification of habitat of such species which is determined by the U.S. Department of the Interior, after consultation with the state, to be critical; and The Fish and Wildlife Coordination Act of 1958, as amended, (16 U.S.C.;661 et seq.) which requires that wildlife conservation receives equal consideration and is coordinated with other features. of water resource development programs. Wild and Scenic Rivers They will comply with the Wild and 'Scenic Rivers Act of 1968, as amended (16 U.S.C:. 1271, et seq.). The purpose of this Act is to preserve selected rivers or sections of rivers in their free -flowing condition, to protect the water quality of such rivers and to fulfill other vital national conservation goals. Federal assistance by loan, grant, license or other mechanism cannot be provided to water resources construction projects that would have a direct and adverse effect on any river included or designated for study or inclusion in the National Wild and Scenic River System. 8. FINANCIAL MANAGEMENT The applicant will comply with the applicable'requirements of: OMB Circular,-=$7, which sets forth principles and standards for determining the cost allowable under grants and contracts involving federal funds. Office' of Management and Budget (OMB) Circular A-102, "Uniform Administrative Requirements of Assistance to State and Local Governments," or any equivalent procedures and requirements that the Alaska Department of Community and Regional Affairs may prescribe. The circular is the basis for a number of specific requirements -on the financial management and recordkeeping of CDBG-REDI funds. The directive applies to cash depositories, bonding and insurance, recordkeeping, program income, property management, procurement, closeout, audit, and other requirements; and 106 Stateof Alaska RURAL DEVELOPMENT Department of Community FUND PROGRAM ,..,.M..... v!i'i:�' "+•••."+�: . �tida..U_ and Regional Affairs ENTREPRENEUR FUND ` CITIZEN PARTIC.I•PATION .PLAN : ASSURANCE . OF COMPLIANCE' CDBG Rural, Development Loan Program' applicants . must provide citizens, especially ' low and moderate. income residents, an adequate opportunity' for meaningful involvement' in the `planning and development of CDBG-Rural•: Development Loan Program applications. The following Citizen Participation Plan requires that: 1.J The applicant must hold at least one public hearing, not more than three months prior to the original submission date of . the application. -The purpose of the public hearing is to give citizens and potential beneficiaries, of the`proposed project adequateopportunity, to review and: comment on the community's CDBG-Rural Development Loan`Program application, before. it is submitted. The issues which should be considered include the proposed project location, 'activities, budget (including the estimated .amount proposed , to ' be used for activities :that .will :benefit low -to moderate -income families),'"any costs to be imposed in residents as a result of the project (particularly those of low .and moderate income), and, if appropriate, the plans `of the applicant for minimizing displacement of persons, when. applicable, as a result of activities funded with :CDBG-Rural Development Loan Program funds; 2.) A' record 'of the required hearing must be submitted with the Application for CDBG funds, along with copies of the public notices for the hearings or'affidavits of publication for the notices. -.A verbatim record is not necessary,,- the names .of persons who attended and summary of comments by' local officials and citizens or a. tape of the proceedings, is Sufficient;'. . 3.) Technical assistance ;must, be provided to persons who request assistance in developing ,or understanding the proposals presented;" , 4.) When requested and practicable, written response to :written complaints and grievances regarding proposals must be given; and 5.} When a .significant number of non-English speaking residents are expected to participate, they.'must be assisted in understanding ,the public hearings proceedings. I. of the Envirorimental Review Checklists NOTE: "ASSESSMENT" CHECKLIST REQUIRED WITH APPLICATION; Statutory Checklist may be completed when funding is approved. This Chapter present two checklists which can be used by CDBG recipients in the conduct of their en- vironmental analysis. Use of the checklists will focus environmental assessment efforts and assures that all regulatory requirements have been met. The is a Statutory Checklist that covers statutes, regulations and Executive Orders, other than NEPA, to which every CDBG project must respond unless it is exempt. A listing of activities that a project can include to be exempt from the environmental re- quirements of NEPA and other related authorities, such as administrative actions, planning and en- vironmental studies is found in Chapter 1 (see also 24 CFR 58.34). If the project is categorically excluded from NEPA procedures, this is the only Checklist which applies. If the project is riot excluded, then the Statutory Checklist can be completed in conjunction with the Environmental Assessment Checklist. The Environmen- tal Assessment Checklist helps to organize an early consideration of numerous environmental issues. Together they become companion documents, with the Environmental Assessment Checklist recording antici- pated impacts and the Statutory Checklist documenting compliance with laws and regulations. IP Statutory Checkiisl This Checklist covers Federal laws, regulations and Ex- ecutive Orders (see 24 CFR 58.5). These are listed with citations following the Checklist. Appendix briefly covers the policy base, standards, some legal issues, and provides a summary explanation of each statutory requirement. In some cases, compliance means that the CDBG recipients must follow detailed procedures re- quired by (lie particular law, regulation or Executive Order. Findings presented in the Statutory Checklist include: • Not Applicable to this Project —Check here, only when it is known that the project is not located in an area where the environmental condition or resource is nonexistent (e.g., project is not located in a delineated floodplain). • Consultation Required —This requires that there has been coordination with appropriate individuals at Federal or federally authorized agencies and documented through attached notes and cor- respondence. • Review Procedures Required—(e.g., completion of the 106 procedure of the Advisory Council on Histor- ic Preservation) o Permits Procedure Required —Attachments should indicate evidence of permits that have to be secured, or required procedures followed. • Delerminalion of Consistency, Approvals and Per- mits Obtained—(e.g., consistency with State coastal zone management plan). In areas requiring consistency or where projects required Federal permits, licenses of other forms of approval, such requirements should be recorded here as having been met. Any condi- tion, temporary permit or partial approval is recorded in the next colt.mn to a document recorded in the ERR. • Conditions or Mitigation Actions Required —These should be listed and attached including any corre- spondence from reviewing agencies and a designation of responsibility for implementation. For each Checklist category there may be more than one applicable law or regulation. For example, in the case of water it will be necessary to indicate that the project is in compliance with the Safe Drinking Water Act and that the various water quality acts and regula- tions have been considered. Check all applicable laws or regulations. In addition, there is space provided on the Checklist form to document compliance with the applicable law, regulation or Executive Order and to indicate source of information and reference that support the finding. Notes, correspondence, and documents (e.g., approval letters, permits) can also be attached to the Check- list. It is recommended that State or local environmental laws or regulations be added to the Statutory Checklist as applicable to a particular CDBG community. Space has been provided to do so on this form. In addition, new Federal statutes and regulations should be added when issued. Grant recipients are reminded that they must certify that they have complied with the obligations and re- quirements of all other applicable laws and authorities (see list in Chapter I and 24 CFR 58.5). As previously stated, Appendix contains a general explanation of each statutory requirement. However, rather than rely solely on Appendix users of this Guide are strongly encouraged to clieck individual regulations directly. Environmental Assessment Checklist For all CDBG projects subject to NEPA procedures, the Environmental Assessment Checklist is a valuable step in that analysis. Completion of this Checklist con- stitutes a quick yet well documented review of en- vironmental issues surrounding a specific project or group of projects and a decision as to how to proceed in further analysis. Purpose The major purpose of the Checklist is to allow a more detailed analysis to focus on those categories of poten- tially significant impact. This can avoid a lot of wasted energy in data collection, analysis and report writing for categories which have no potential for significant impacts and require no mitigation efforts or ones for which the analyst has already done the work on previous projects. Assuming there is a file of solid environmental information about the community, the Checklist is intended to be filled out in a few hours — no more than a day even for projects with many potential effects. More time may be needed later for thorough analysis where the Checklist review indicates either potential impacts or where insufficient data is readily available. Judgments at this stage should be based upon available data with perhaps the addition of a few well placed phone calls or a site visit if the area is unfamiliar to the analyst. Organization The Environmental Assessment Checklist covers seven major impact areas and 36 specific impact categories within those seven areas.. The seven general areas rep- resent categories with related and overlapping issues, shared data sources and similar requirements as to background for analysis„ The presentation of a de- tailed list of 36 impact categories is provided to jog the memory of the reviewer, raise questions and assure that all potential impacts are considered. Note that some of impact categories are also included on the Statutory Checklist. A project may be in compliance with the provisions of a specialized law, regulation or Executive Order and still have an impact. For exam- ple, a site for a residential use may not be subjected to unacceptable noise levels and, therefore, be in compli- ance. If, however, the site will be used for an activity which will produce high levels of noise (short or long term), this may have an impact on the surrounding area and should be consid red when completing the Environmental Assessment Checklist. If, however, it is determined that the subject has been covered adequately on the Statutory Checklist, this should be noted in the space provided for documentation, and no further analysis is required for that environmental factor. How to Complete For each impact category the local environmental analyst is asked to check the appropriate box relating to potential impacts, needed study, and mitigation or modification. In many cases more than one box could or should be checked. In each case a source should be cited which may be a report, phone contact, previous ERR, field observation or general knowledge of the area. The assessment techniques presented in Appendix A provide key assessment questions and data sources which are a valuable reference in completing this Checklist. The determinations to be made for each im- pact category include: • No Impact Anticipated (Column ])—A checkmark here indicates no more analysis or mitigation effort is needed. Clear and specific documentation is essential, referencing the factual conditions or specific cir- cumstinces that support the finding. Mere conclusions are not sufficient. • Potentially Beneficial (Column 2)—Beneficial im- pacts should be indicated here. Notations supporting that finding can be attached. A more detailed analysis is not necessary. • Potentially Adverse/Requires Documentation Only (Column 3)—In some cases, this quick review may be all that is needed to evaluate impacts. They may be so small as to require no more study; they may be con- struction effects only for which standard mitigation procedures have been established; or they may have been analyzed for previous assessments in a fully com- parable situation. Documentation here is particularly important and will require attached notes outlining sources explaining the factual basis of the impact find- ing and describing any mitigation efforts. • Potentially Adverse/Requires More Study (Column 4)—If this is checked, the impact category in question will be subject to further review (site visits, detailed review of data, consultation with experts, etc.) using techniques such as those described in Appendix . The points to remember are that (1) only those categories with a check in this box need be subject to a detailed assessment and (2) this is not a decision about EIS preparation but a decision to investigate further. • Needs Mitigation (Column 5)—This column should be used in combination with the third and fourth col- umns indicating some type of potential adverse impact. In some cases specific measures to reduce adverse ef- fects on a community cannot be discussed in full detail right away. Instead, such measures are subject to review and development and implementation respon- sibility as part of a more detailed analysis which follows. In other cases mitigation measures may be known, and recorded. Mitigation measures or safe- guards should be listed for easy reference on page 6 of the Checklist. Appendix A, Assessment Techniques includes a list of possible mitigation measures within the presentation of each impact category. a Requires Project Modification (Column 6)—Early project review, affords a special opportunity to iden- tify needed changes in the project itself before final applications are made or programs finalized. Often such changes can eliminate the need for further anal- ysis by eliminating the source of the problem. It is also possible that changes (such as moving a project to a different site outside a high noise zone, or combin- ing it with a new project to provide needed sewer or water lines) could be identified at this time. In addition to these early decisions as to potential impact or mitigation needs, the Checklist calls for sources or contacts to be identified which have con- tributed to the decision in a specific impact category (Column 7). This may be done in the space provided, or more likely by reference to attached notes which in- dicate sources or contacts and describe considerations made. On pages 5 and 6 of the Checklist, the analyst is asked to look back over the individual decisions made and draw some conclusions for further action. This includes a listing of project modifications, impact .f categories requiring more study and mitigation efforts needed. Based on the conclusions of the environmental as- sessment, on the last page of the Checklist, the pre - parer will state his or her finding as to whether or not the request for release of funds for the project will constitute an action significantly affecting the quality of the human environment. The Checklist is in a form suitable for reproduc- tion and repeated use for CDBG assessments. When in doubt as to the meaning of a specific impact cate- gory, refer to the assessment questions presented for each impact category in Appendix A, Assessment Techniques. M. v •;.� Page 1 of 2 Statutory Checklist �>larr! R.•.t�wsio D�•wrst laltf•tl�'• R'K••� Project Name and Identification No. Area of Statutory -Regulatory Compliance 7 y `h �o It:� C$ F a . Provide compliance documentation Additional material may be attached Historic Properties Floodplain Management Wetlands Protection Noise Manmade Hazards Thermal/Explosive Hazards Airport Clear Zones Air Quality Water Quality — Aquifers Coastal Areas Coastal Zone Management Coastal Barrier Resources Endangered Species Farmlands Protection + Wild and Scenic Rivers 'Aitach evidence that required actions have been taken. Statutory Checklist Permits, Licences, Forms of Compliances Under Other Laws (Federal, State and Local Laws) Project Name and Identification No. Page 2 of 2 c OTHER AREAS O.F STATUTORY REGULATORY COMPLIANCE APPLICABLE TO PROJECT `° �Q ra �� cF �D Provide compliance documentation v Additional Material G° q� q�� ��Qn L°r may be attached Water Quality Solid Waste Disposal Fish and Wildlife. State or Local Statutes (to be added by local community) Note,: See HUD-399-CPD, "Environmental Reviews at the Community Level", as revised for further details regarding the use of assessment formats. Prepared By Date 'title DCRA/RDD CDBG—REDI 85 FORM 1/90-6b REV. 1/90 E Environmental Assessment Checklist page I of 7 Project Name and Identification No. 1 2 3 4 5 6 7 o .0 a ; y ��' tic c`' h cG Gc a,� `'F� C 0 'r 0 Q 'o �? to Source or Documentation (Note date of contact or 0 eQ� c C JS0 C 4� js� page reference! .� `S 10 c, C+ Additional material maybe Impact Categories/ 4o Q0 Q0�� �� attached. Land Development Contotniance With Comprehensive Plans and Zoning Compatibility and Urban Impact Slope Erosion Soil Suitability Hazards and Nuisances, Including Site Safety k:nerkv — Consumption Noise E;llccis of Ambient Noise on Project and Cuntribution to Com- munily Noise Levels Environmental Assessment Checklist (continued, page 1 of. 7 Project Name and Identification No 1 2 3 4 5 6 7 OJoc 0 .°C �o a Q 41:� P o T ,O �� Source or Documentation �,' �� �'' m ;r:� 9 (Note elate of contact or page reference) be Impact Categories o 0°,��'a, Additional material may �o QoQo`'ra°� att ched. Air Quality Effects of Ambient Aar Quality on Project and Contribution to Com- munity Pollution Levels Environmental Design and Historic Values Visual Quality— Coherencc, Diversity, Compatible Use, and Scale _ Historic, Cultural, and Archaeological Resources 'Socioeconomic Demographid Character Changes Displacement Employment and Income Patterns Cunununity Facilities and Services Educational Facilities Commercial Facilities Health Cat, Social Se[VICC5 _ r Environmental Assessment Checklist Icotitirtued, page 3 ar7 Project Name and Identification No. 1 2 3 4 5 6 7 �o°c O 041 G G 2 S .G , . G a Qc 4` Q o` J,oSource or Documentation (Note date of contact or ` t page reference) �Q2 oc� v Gc Jy �` ♦ ♦ �� Additional ma(erlal may be Impact Categories - Q° y°r` °r` attached. Community facilities and Services (Continued) Solid Waste Was Ic Water Storm Water Water Supply Public 5atety Police r Fire Emergency Medical Open Open Space Space and Recreation Recreation Cultural Facilities 'rranspurtatlun Environmental Assessment Checklist (continued, page 4 .F' 7 Project Name and Identification No 1 2 3 4 5 6 7 o a`e,�o a,`e ` Qc �c as `, a cG J°c °, 7 o Q .tio �? Source or Documentation (Note date of contact or page reference) a Additional -.0 p� .� °� °� material may be Impact Categories �o Qo Qo C� Qo �� Cu attached. Natural Features Water hesources Sut{ace Water Floodplains Wetlands Coastal Zone Unique Natural Features and Agricultural Lands Vegetation and Wildlife Environmental Assessment Checklist (continued, page 5 .r 7 Summary of Findings and Conclusions: Summary of Environmental Conditions: Project Modifications and Alternatives Considered: .s Environmental Assessment (checklist (continued. page 6 of 7 Additional Studies Performed (Attach Study or Summary) Mitigation Measures Needed: 91 Environmental Assessment Checklist (continued, page 7ef 7 1. Is project in compliance with applicable laws and regulations? ❑ Yes []No 2. Is an EIS required? ❑ Yes ❑ No 3.A Finding of No Significant Impact (FONSI) can be made. Project will not significantly affect the quality of the human environment. ❑ Yes ❑ No Prepared by Date DCRA/RDD CDIIC-REDI FORM #90-6a REV. 1/90 92 Title ANIKICAN UJOWrANT mARINY YaT MUS ALASKA GREAT LAND CPIAYTBZ bOX 1251, KENAI, ALASKA 99611 JMT 1WO "TOR JO!!N vv=lAm3 UNA1, ALASKA PION. wo TMI3 ANCPIOH I3 A MONUMNAT TO A=UCAN dull IMCPIANT WAIN= VZ111 03 ALL HAfUNXRS PAST Pf=ZNT AMIM NPSDCZ a UNTO SM. TWU3 FUO1T..... SINCLULT, KENAI JIM THE !!OS b +I NOTE: Patrick Malone is I is preparing a sketch-14, ` �2 3 A 891p> A3, C JUL 1990 W ry 0? CliCITY c�_::c � 4b�V A,A ,4 c, July 5, 1990 M E M O R A N D U M TO: City of Kenai Council Members FROM: Denis Douglas, Building Maintenance SUBJECT: Building Maintenance Shop Telephone At approximately 8:15 a.m. today, Keith Kornelis called me into his office to inform me that he and Bill Brighton decided to have the telephone removed from the building maintenance shop. I inquired into the rationale behind the decision and received no explanation. I was instructed to use the telephone in the mechanics shop or at city hall once the building maintenance shop telephone is removed. The current relationship between building maintenance and the shop mechanics is suffering as a result of my complaint over my job description and pay. Consequently, removing the telephone will require me to take pertinent maintenance manuals for reference, to city hall to place calls expediting parts. The telephone is a tool which I need to perform my job effectively and this change will result in an inefficient use of my time. Keith wrote a letter of reprimand for my alleged actions concerning the removal of the building maintenance telephone which I did not agree with therefore I didn't sign it. I have no reason to believe I would receive fair consideration if I grieved the reprimand nor would I be allowed to place a rebuttal in my personnel file (which I have tried to do in the past with negative results). I am bringing this matter to your attention so you will see the situation is still in a negative mode for all concerned. Your objective review of the building maintenance situation (in addition to administrative personnel policies) is needed to resolve the problem. Will you schedule a work session to discuss the building maintenance concerns? Cc: W. Brighton K. Kornelis H. Hackney T. Rogers J. Barcott. 1791-1991 CITY OF KENAI -0d Cajai,4� 4 4,1a,4aff _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 MEMORANDUM TO: Denis Douglas FROM: Keith Kornelis, Public Works Director DATE: July 5, 1990 SUBJECT: Letter of Reprimand Today after I talked to you about having your telephone removed you, again, lost your temper. I explained that City Manager Bill Brighton and I had discussed the necessity of the phone and decided it was not needed. After your phone is removed there will still be three phones available in the shop building where you work. When I told you to use the shop phone you said that you will never go into Dave Reetz's shop office again because he threatened you. This letter of reprimand is being written because you were insubordinate and threw a pink "Please Return My Call" note (from Steve Crabtree at Bestco) at me and refused to talk to me about it. You ran out of the building even though I continually asked you to stop. I went outside of the building and asked you to stop and talk to me but you kept telling me "You take care of it", and got into the City van and took off. By the time I got back inside City Hall the government radio was busy with what sounded like an emergency plea of yours to get a hold of Howard Hackney. About 15 minutes later you came into my office to tell me that a council member told you to get in writing that I was having your telephone removed. You refused to tell me which council member told you this. I then told you to return the call from the pink note, but you flatly refused. I made it very clear that I wanted you to return this call right then at Howard's desk. I finally told you to either make the call or go pack up your personal items since you would be terminated. I followed you to Howard's desk where you supposedly called someone who told you to return the call on the pink slip. After refusing many times to return the call as I directed, you returned the call because someone else advised you to do so. 1 I do not have to answer your question as to why your phone is being removed. I told you that it was not needed and that should be sufficient. I told the Water and Sewer division and the Street division the same thing when they wanted another phone line at the crew building.. They have two phones and one line for over 10 people. The Shop will. now have (with your phone removed) three phones and one line for 4 people. Denis, I will. not accept your excuse that Dave Reetz threatened you so you won't go into his office. He is willing to share his phone with you when you need it to make business calls and there are 2 other phones outside of his office in the shop. I have been told that you have spent many hours locked up in your office on the phone which is not a problem so long as they were necessary business call;. Things seem to be getting worse with your ability to get along with your fellow workers. Your inability to communicate and get along with other individuals working for the City has made your job very much less effective than it should be. As I see it, you are not at all happy with the City and other City employees are not happy with you. Your at:t:itude'and unhappiness is affecting the moral of our department. Something has got to change so that the work does not suffer. This letter of reprimand is because you were insubordinate to me and did not c_:conduct yourself properly. I have read and received a copy of this memo on July , 1990. Denis Douglas I gave Denis Douglas a copy of this memo on July , 1990. Keith Kornel:i.s, P.W. Director RFO LAW OFFICES OF ADMITTED: STATE OF ALASKA JOSEPH N. BARC077 STATE OF WASHINGTON 510 L STREET, SUITE 270 ANCHORAGE, ALASKA 99501 June 26, 1990 Kenai City Council c/o Timothy 11. Rogers, City Attorney City of Kenai 210 Fidalgo Kenai, AK 99611 Re: Denis Douglas Dear Tim: �2526 2I280 9`�0 .P. J ON 1990 N N rn �.1L A TYOFKE AI As you know, I represent Denis Douglas and in that capacity attended the June 6, 1990 city council meeting at which time the council announced its intention to hold work sessions to examine the issue of Denis' job description and the proper pay range for that position. This is to inquire into the status of the council Is examination. Has it yet met to discuss these issues? Has it arrived at any conclusions? Will there be more meetings? What have they decided? Any infarmation you can provide will be great�y appreciated. Thank you for your assistance in this matter. Very truly yours, V Y Joseph IN Barcott JNB/kat cc: Denis Douglas Suggested by: Administration CITY OF KENAI ORDINANCE 1377-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA RESCINDING ORDINANCE NO. 1289-88 AND ESTABLISHING A NEW BUDGET FOR THE "KENAI FLATS WILDLIFE VIEWING AREA" CAPITAL PROJECT. WHEREAS, the City has received a grant from the State of Alaska Department of National Resources for development of the Kenai Flats Wildlife Viewing Area (Boardwalk), and WHEREAS, the grant must be matched at a 50/50 ratio, and WHEREAS, the Chamber of Commerce has donated $8,000 in cash to the project, and WHEREAS, other donated labor, Equipment, and materials are expected to provide the balance of the required match. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: co-+- ; — 1 - Ordinance No. 1289-88, adopted October 19, 1988, is rescinded. Section 2• Estimated revenues and appropriations be increased as follows: Kenai Flats Wildlife Viewing Area Project Fund Increase Estimated Revenues: State Grant $ 73,636.36 Chamber Donation - Cash 8,000.00 City (In -Kind) 36,000.00 Chamber (In -Kind) 46,000.00 $163,636.36 Increased Appropriations: Administration - Cash $ 1,000.00 Project Management - City Donated 3,000.00 Engineering/Inspection - Chamber Donated 6,000.00 Construction - Cash 80,636.36 Construction - City Labor, Equip., and Materials 33,000.00 Construction - Chamber Labor, Equip., and Materials 40,000.00 $163,636.36 e-1 1 l PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this llth day of July, 1990. ATTEST: Carol L. Freas, City Clerk Approved by Finance:` (5/11/90) kl JOHN J. WILLIAMS, MAYOR Introduced: June 20, 1990 Adopted: July 11, 1990 Effective Date: July 11, 1990 2 1 SUBSTITUTE Suggested by: City Council City of Kenai ORDINANCE NO. 1289-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $180,000, IN A NEW CAPITAL PROJECT FUND ENTITLED "KENAI FLATS WILDLIFE VIEWING AREA". WHEREAS, the City has applied for and expects to receive a grant in the amount of $90,000 from the State of Alaska, Department of Natural Resources for development of the Kenai Flats Wildlife Viewing area, and WHEREAS, that grant must be matched at a 50/50 ratio, and WHEREAS, the City expects to receive approximately $15,000 in cash donations, $16,000 in donated labor, and $9,000 in other donated services and materials, and WHEREAS, the City expects to contribute land estimated to be valued at $30,000 and employee labor and equipment estimated to be valued at $20,000. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: Section 1.: Estimated :revenues and appropriations be increased as follows: Kenai Flats Wildlife_ Viewing Area Project Fund :Increase Estimated Revenues: State Grant $ 90,000 Cash Donations 15,000 Labor Donations 16,000 Services and Miscellaneous Donations 91000 City Labor and Equipment (in -kind) 20,000 City Land (in -kind) 30,000 $180,000 Increased Appropriations: Administration $ 11000 Surveying (donated) 1,320 Land (in -kind) 30,000 Construction 147,680 $180,000 Section 2• The expenditure of these monies is authorized after receipt of the approved grant from the State of Alaska. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of October, 1988. ATTEST: Jan t Ruotsala, City Clerk Approved by Finance: C'c'� (10/14/88 First Reading: Second Reading: Third Reading: -2- October 5, 1988 October 19, 1988 October 19, 1988 Kenai Harbor Commission June 11, 1.990 Kenai City hall Barry Eldridge, Chairman 1. ROLL CALL: The meeting was called to order at 9:00 P.M. after the work session with Council was adjourned. Commissioners present were: Eldridge, Quesnel, Thompson, and Breeden. APPROVAL OF AGENDA: The agenda was approved by unanimous consent wide addition of "B" Public Notice of Permit Application #1-900251 under "New Business". APPROVAL OF MINUTES OF MAY 7 1990: A motion was made by o�issioner Thompson and secon e by Commissioner Quesnel to approve the minutes. Motion carried. . OLD BUSINESS: Mr. Eldridge welcomed Loretta Breeden as the Harbor Commission's newest member. Commissioner Breeden apologized for missing the last meeting, but stated she had not received a notice. She did receive a package of information from the City that tells about the functions of the Harbor Commission, etc. She stated she was pleased to be appointed and looking forward to working on the Commission. Welcome, Loretta! 5. NEW BUSINESS: a. Information: Kenai Harbor Rate Schedule: Commissioners reviewed the new rate schedule as of 5-14-90. Keith responded to questions about the new rates. No other action taken. b. Public Notice -Permit Application #1-900251: The Commission reviewed the application for permit by All Alaskan Seafood Inc. #1-900251 and looked at the inform- ation and maps provided by the applicant. Action Taken Commissioner Breeden moved to approve the application #1-900251 by All Alaskan Seafood Inc. provided that it does not interfer with the navigational channel of the Kenai River, shore -based facilities, or existing permits. Motion seconded by Commissioner Thompson. Motion Carried. 6. CORRESPONDENCE: Commissioners reviewed the maps provided o�ae_i�eIease lands, property lines, etc. on the Kenai River bank. The maps have a lot of good information, but more detail is still needed. It is probably impossible to get 311 the detail needed on one map, but this is a good start. Page Two Harbor Commission Minutes June 11, 1990 7. COMMENTS AND QUESTIONS: None 8. ADJOURNMENT: The meeting was adjourned at 10:00pm. The next meeting will be July 9th at 7pm. Respectfully submitted, Patti Truesdell, Recording Secretary for the City of Kenai KE NA = P LANN = NG & Z O N = NG COMM = S S = O N June 27, 1990 - 7:00 P.M. - City Hall Council Chambers AGENDA 1 _ ROI_I� CALL 2 _ APPROVAL C F AGENDA 3 _ PER.EiONS PRESENT SCHEDULED TO BE HEARD 4 _ PUBI,=C HEARINGS a. Resolution - 90-17: Rezone Lots four and five block two Valhalla Heights Subdivision - Filed under Plat K-1634 Kenai Recording District - Tim Wisniewski b. Resolution - 90-18: Rezone Portion of Section 32, T6N, R11W, S.M. - Adjacent to F.B.O. Subdivision S _ APPF:cDVAL OF MINUTES — June 13, 1990 G_ OLD n U S= NE S S 7 _ NEW BUS = NE S S a. Assignment of Lease/Crabaugh to Morris Lot 1A, Deshka Subdivision a- P LANN = NG 9 _ REP<DRTS a. City Council b. Borough Planning C. City Administration 1 O _ PI? RSONS PRESENT NOT' SCHEDULED 11 3-1- - _L NF O RMAT I O N I T E M S a. City Council Agenda - June 20, 1990 3-2- COMM = S S= O N COMMENTS & Q U E S T T O N S 1.3 _ ADJOURNMENT KE NA = P LANN = NC3 & Z O N = NG COMM = S S = O N June 13, 1990 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Chairman 1 _ ROIL=L, CALL Present: Bryson, Bannock, Glick, Graveley, McComsey, Rehm Absent: Harbaugh 2 _ APPROVAL O F AGENDA MOTION: Commissioner Glick moved for approval of the agenda as submitted, seconded by Commissioner Rehm. VOTE: Motion passed by Unanimous Consent 3 SCHEDULED TO BE HEARD None 4 _ PUf3T,=C HEARINGS a. Conditional Use Permit - 407 N. Gill Street - Bed and Breakfast Applicant: Jim Trudeau Commissioner McComsey asked if there was a right-of-way across from the proposed Bed & Breakfast site. Commissioner Graveley reported that he had driven by that area and that there was a full ,street at that site. Appears that there is adequate parking in that area as the Trudeau's house sits back from the road. There are two vacant lots on the right: side of 407 N. Gill and two lots to the left have duplexes on them. Commissioner Graveley asked if people that submit an application for a Bed and Breakfast get a copy of the Code? Howard Hackney said he thought that they did. Mrs. Trudeau confirmed that she had received such a packet. MOTION: Commissioner Graveley moved approval of Conditional Use Permit, seconded by Commissioner Rehm. VOTE: Motion passed unanimously by roll call vote. KENAI PLANNING & ZONING COMMISSION June 13, 1990 Page 2 5 _ A1PP1zaVAL OF M=NUTES May 23, 1990 MOTION: Commissioner Mccomsey moved approval of the minutes with corrections to: 4-a. Code KMC 14 21-85 to KMC 14.20.185 and Code KMC 14 23-21 to KMC 14.20.321, and 4-b. "Addition of 14" " to "Addition of 14"', seconded by Commissioner Rehm. VOTE: Motion passed by Unanimous Consent 6 _ OLID BUSINESS None 3 U S= NE S S a. 0r(:__:.ance Amending KMC 4.05 by adding sections regarding the Building Permit Application and final inspection requirements Howard Hackney said that he was concerned about Section 3: the second paragraph which reads: "The Building Official shall require the submission of an as -built survey as performed by a state registered land surveyor prior to final inspection and issuing the certificate of occupancy." Mr. Hackney said it would hamper people who are building their own homes, they wouldn't get a final inspection and the code does not require a certificate of occupancy for a single dwelling. Commissioner. Rehm asked if a single family dwelling currently requires a certificate of occupancy. Hackney replied no. Commissioner Bannock asked if that dwelling would get a final inspection. Hackney replied no. Commissioner Bannock proposed to cut that sentence short by inserting a period after "prior to the final inspection." MOTION: McComsey moved to approve Ordinance to send to Kenai City council with amendment to insert period after "final inspection" and deleting "and issuing the certificate of occupancy.". Commissioner Bannock seconded.' VOTE: Motion passed by roll call vote Commissicner Rehm asked if he might add one paragraph to that Ordinance to be inserted in Section 1. paragraph 2. under "Obtaining a building permit": V KENAI PLANNING & ZONING COMMISSION June 13, 1990 Page 3 "Upon filing an application for a building permit the City shall supply or sketch showing what set -backs and easements should look like to also include a copy of the zoning code that is applicable to the area the applicant is applying for." Councilman Smalley said he would bring amendment to Ordinance before the Council. b. Petition to Vacate Entire Portion of Baron Wood Court Right -of -Way and Utility Easement Within Lots 3 through 7 and Lot 9, Baron Wood Subdivision. MOTION: Commissioner McComsey moved for approval. Graveley seconded. VOTE: Motion passed by roll call vote. 8. PLANNING None 9 _ REI='cDRTS a. City Council Councilman Smalley reported that the Budget had been passed. Agenda Items C1-11 had passed with some amendments. b. Borough Planning Chairman Bryson reported that Kenai River 255 was approved. C. City Administration None 1-0- P F1 R S O N S P RESENT NO T S CH E D U L E D None 11. INFORMATION ITEMS Meeting schedule for July was discussed. Commission decided to schedule July llth meeting in the Library if meeting is needed. Commission will pass resignation of Timothy D. Harbaugh on to Mayor Williams for )^eappointment. Saylor Rehm requested a 2 month extended leave from the P&Z Commission for a vacation. s KENAI PLANNING & ZONING COMMISSION June 13, 1990 Page 4 MOTION: Commissioner McComsey moved to accept request. Commissioner Glick seconded. VOTE: Passed by unanimous consent. Chairman Bryson noted Set -back requirement in packet. Howard Hackney commented that this was recently revised. 1 2_ C:OMM = S S= O N COMMENT S a QUESTION S None 13 _ ��D.�OURNMENT There being no further business, the meeting was adjourned. Respectfully submitted, Loretta E. Harvey Transcribing Secretary f AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 20, 1990 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) C. PUBLIC HEARINGS 1. Ordinance 1378-90 - Increasing Estimated Revenues and Appropriations by $50,008 in the General Fund to Provide for the Accrual of a Liability to the Public Employees Retirement System (PERS) for the Retirement Incentive Program (RIP). 2. Ordinance 1379-90 - Increasing Estimated Revenues and Appropriations by $16,153 in the Federal Revenue Sharing Fund, and Transferring the Money to the General Fund. 3. Ordinance 1380-90 - Increasing Estimated Revenues and Appropriations by $3,360 in the General Fund for Repair of a Police Vehicle. 4. Ordinance 1381-90 - Repealing KMC 7.10.060 Which Provides for a Schedule of Sales Tax Levy. 5. Ordinance 1382-90 - Increasing Estimated Revenues and Appropriations by $66,000 in Capital Project Fund Entitled, "Senior Center Dining Room Expansion." a. Introduction b. Adoption -1- R 6. Ordinance 1383-90 - Increasing Estimated Revenues and Appropriations by $6,560 in the Council on Aging Borough Fund. a. Introduction b. Adoption 7. Resolution 90-30 - Awarding of Senior Center Dining Room Expansion Bid to G & S Construction for the Total Construction Amount of $310,130 Which Includes the Basic Bid and Alternates Nos. 1, 2, and 3. 8. Resolution 90-28 - Awarding a Communication Equipment Maintenance Contract to Southcentral Communications in the Amount of $23,760 for a Three -Year Period. 9. Resolution 90-31 - Extending a Memorial Tribute to Alfred Ivanoff, Fire Chief of the City of Kenai. 10. Resolution 90-32 - Transferring $2,250 in the General Fund for Repair of the Carport at the Fire Department. D. COMMISSION AND COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Parks & Recreation Commission 7. Planning & Zoning Commission 8. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of June 6, 1990. F. CORRESPONDENCE 1. 6/6/90 G. Sonnevil, USDI, F&W Service regarding buildings at former Kenai National Wildlife Refuse Headquarters site in Old Town Kenai. G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified. -2- 2. Requisitions Exceeding $1,000 3. *Ordinance 1377-90 - Rescinding Ordinance 1287-88 and Establishing a New Budget for the "Kenai Flats Wildlife Viewing Area" Capital Project. 4. *Games of Chance and Skill - FOE Auxiliary of Aerie 3525. a. August 17 and 18, 1990. b. October 19 and 20, 1990. 5. Approval - Motion to Award the Inspection Contract for the Project "Upland Highland Improvements" to Wm. J. Nelson & Associates. 6. Discussion - Airport Security and Implementation Costs. 7. *Restaurant Designation Application - Don Jose's Restaurant and Cantina. 8. Approval - Change -Order #1, Kenai Municipal Airport Phase II to Quality Asphalt Paving. 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 -3- RENAI CITY COUNCIL MEETING MINUTES OF JUNE 20, 1990 RENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING ITEM A. CALL TO ORDER Mayor John J. Williams called the meeting to order at approximately 7:01 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams lead those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Walker, Swarner, Monfor, O'Reilly, Smalley, Measles, and Williams. Absent: None. A-3. AGENDA APPROVAL The following changes were made to the agenda: Move: C-9, Resolution 90-31, to immediately after Agenda approval. Remove: H-2, Purchase order to Carr's for groceries for congregate meals and home delivery. Add: H-9 to the Consent Agenda, Ordinance 1385-90 - Increasing Estimated Revenues and Appropriations by $2,712 in the Council on Aging Title III Fund. Add: D-1, Council on Aging Minutes. Add: D-7, Planning & Zoning Minutes. Add: H-5, New Fee Schedule regarding the award of contract for inspection of the "Upland Highland Improvements." Add: I-3, Resignation of Tim Wisniewski from the Beautification Committee. Add: Information #16, Kenai Peninsula Borough Ordinance regarding non-areawide promotion of tourism by the Kenai Peninsula Borough. Add: Information #17, 6/14/90 R.F. Williams, Kenai Bicentennial Visitors and Convention Bureau letter regarding advisory/ad hoc committee for construction. KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 2 Add: Information #18, 6/19/90 U.S.D.I. letter regarding their objections to the Kenai Boat Ramp. Mayor Williams added that he would like to have an Executive Session for discussion of some items after the Public Hearing portion of the agenda. There were no further changes. City Manager Bill Brighton added that a special meeting will need to be scheduled in order to act on Ordinance 1385-90 prior to the end of the fiscal year. And that there must be public notice five days prior to a special meeting. MOTION: Councilman Smalley MOVED for approval of the Agenda as amended and asked for UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no objections to Unanimous Consent. SO ORDERED. A-4: CONSENT AGENDA MOTION: Councilwoman O'Reilly MOVED for approval of the Consent Agenda as amended and asked for UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. There were no objections to unanimous consent. SO ORDERED. Councilwoman Swarner stated that the Minutes of the June 6, 1990 meeting regarding the Airport Commission workshop needed to be corrected as there was only one Airport Commissioner present. The correction was noted. ITEM B: SCHEDULED PUBLIC COMMENT None presented. IL KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 3 ITEM C: PUBLIC HEARINGS C-9: Resolution 90-31 - Extending a Memorial Tribute to Alfred Ivanoff, Fire Chief of the City of Kenai. Mrs. Ivanoff and family were present in the Council Chambers. Mayor Williams read Resolution 90-31 in tribute to Chief Ivanoff. The reading was followed by a moment of silence. Mayor Williams proposed to the Council that the City place a tree and plaque at the Memorial Park in honor of the Chief. MOTION: Councilwoman Monfor MOVED that the City plant a tree and place a plaque at the Memorial Park in honor of Chief Ivanoff and asked for UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. A roll call vote taken. VOTE: Measles: Yes Monfor: Yes O'Reilly: Yes Smalley: Yes Swarner: Yes Walker: Yes Williams: Yes MOTION UNANIMOUSLY PASSED. C-1: Ordinance 1378-90 - Increasing Estimated Revenues and Appropriations by $50,008 in the General Fund to Provide for the Accrual of a Liability to the Public Employees Retirement System (PERS) for the Retirement Incentive Program (RIP). MOTION: Councilman Walker MOVED for adoption of Ordinance 1378-90. Councilman Measles SECONDED the motion. There was no public comment or council comment. I KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 4 VOTE: Measles: Yes Monfor: Yes O'Reilly: Yes Smalley: Yes Swarner: Yes Walker: Yes Williams: Yes MOTION UNANIMOUSLY PASSED. C-2: Ordinance 1379-90 - Increasing Estimated Revenues and Appropriations by $16,153 in the Federal Revenue Sharing Fund, and Transferring the Money to the General Fund. -_ MOTION: Councilwoman O'Reilly MOVED for adoption of Ordinance 1379-90 and Councilman Smalley SECONDED the motion. There was no comment from the public or Council. VOTE: Measles: Yes Monfor: Yes O'Reilly: Yes Smalley: Yes Swarner: Yes Walker: Yes Williams: Yes MOTION UNANIMOUSLY PASSED. C-3: Ordinance 1380-90 - Increasing Estimated Revenues and Appropriations by $3,360 in the General Fund for Repair of a Police Vehicle. MOTION: Councilman Smalley MOVED for adoption of Ordinance 1380-90 and Councilman Measles SECONDED the motion. There was no comment from the public or Council. t KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 5 VOTE: Measles: Yes Monfor: Yes O'Reilly: Yes Smalley: Yes Swarner: Yes Walker: Yes Williams: Yes MOTION UNANIMOUSLY PASSED. C-4: Ordinance 1381-90 Repealing KMC 7.10.060 Which Provides for a Schedule of Sales Tax Levy. MOTION: Councilwoman O'Reilly MOVED for adoption of Ordinance 1381-90 and Councilwoman Monfor SECONDED the motion. There was no public comment. It was stated that the ordinance was only to coincide with Borough Sales Tax Levy ordinance. VOTE: Measles: Yes Monfor: Yes O'Reilly: Yes Smalley: Yes Swarner: Yes Walker: Yes Williams: Yes MOTION UNANIMOUSLY PASSED. C-5(a): Introduction: Ordinance 1382-90 - Increasing Estimated Revenues and Appropriations by $66,000 in Capital Project Fund Entitled, "Senior Center Dining Room Expansion." MOTION: Councilwoman Monfor MOVED for introduction of Ordinance 1382-90 and Councilwoman O'Reilly SECONDED the motion. It was stated by Mayor Williams that introduction and passage of the ordinance in one evening will give a head -start on the construction. t KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 6 VOTE: Measles: Yes Monfor: Yes Smalley: Yes Swarner: Yes Williams: Yes MOTION UNANIMOUSLY PASSED. C-5(b): Second Reading/Adoption: MOTION: O'Reilly: Yes Walker: Yes Councilwoman Monfor MOVED for adoption of Ordinance 1382-90 and Councilwoman O'Reilly SECONDED the motion. There was no public comment. Councilwoman Monfor questioned Alternate #2. The siding needs to be replaced. She also agrees that doing the vinyl and carpeting at the same time makes sense. She supports the $66,000, but disagrees with adding in the sewer line work. Discussion followed in which it was stated by City Engineer LaShot that it is not known at this time whether there will be a problem with the sewer line. However, it would be better to bid for the work at this time instead of amending the bid later. Councilman Walker questioned whether contingency fees were included. Mr. LaShot stated that contingency fees were included in the budget for the project. Mr. Walker also asked what type of siding is to be used. Mr. LaShot answered tight knot cedar. There were no other comments. VOTE: Measles: Yes Monfor: Yes O'Reilly: Yes Smalley: Yes Swarner: Yes Walker: Yes Williams Yes MOTION UNANIMOUSLY PASSED. C-6(a): Introduction: Ordinance 1383-90 - Increasing Estimated Revenues and Appropriations by $6,560 in the Council on Aging Borough Fund. KENAI CITY COUNCIL MEETING MINUTES June 20, '1990 Page 7 MOTION: Councilman Smalley MOVED for introduction of Ordinance 1383-90 and Councilwoman Swarner SECONDED the motion. There was no discussion from the public or Council. VOTE: Measles: Yes Monfor: Yes O'Reilly: Yes Smalley: Yes Swarner: Yes Walker: Yes Williams: Yes MOTION UNANIMOUSLY PASSED. C-6(b): Second Reading/Adoption: MOTION: Councilman Smalley MOVED for adoption of Ordinance 1383-90 and Councilwoman Swarner SECONDED the motion. There was no discussion from the public or Council. VOTE: - Measles: Yes Monfor: Yes O'Reilly: Yes Smalley: Yes Swarner: Yes Walker: Yes Williams: Yes MOTION UNANIMOUSLY PASSED. C-7: Resolution 90-30 - Awarding of Senior Center Dining Room Expansion Bid to G & S Construction for the Total Construction Amount of $310,130 Which Includes the Basic Bid and Alternates Nos. 1, 2, and 3. MOTION: Councilwoman Monfor MOVED for approval of Resolution 90-30 and Councilwoman Swarner SECONDED the motion. Public Comment: Betty Warren, P.O. Box 116, Kenai, stated that she was representing the Senior Connection. She stated that the e KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 8 Senior Connection is pledging $14,000 toward the expansion of the Senior Center Dining Room project. A check for $10,000 will be deposited with the City by Friday and another $4,000 will be deposited on or before the end of July at the time their certificates of deposit are rolled over. Mayor Williams stated that the Council was pleased that their organization budgeted for this project and supported the project. Councilwoman Monfor asked if an aluminum or plastic siding would be more economical and will not be required to be replaced. Engineer LaShot stated that this was discussed with the seniors. Director Porter added that the seniors were trying to keep the costs down and decided on the cedar. Bill Nelson, speaking as a local businessman and not as an engineer, stated that he felt that the cedar siding will be less damaged by the weather and will last: a long time. Engineer LaShot stated that the contract could be awarded at this time and a price for a different type of siding could be requested from the contractor. A change could be made later if desired. Councilman Smalley stated that he was opposed to using a plastic siding. He stated that his experience is that cedar siding is very long lasting and very durable. There was no additional discussion. VOTE: Measles: Yes Monfor: Yes O'Reilly: Yes Smalley: Yes Swarner: Yes Walker: Yes Williams: Yes MOTION UNANIMOUSLY PASSED. C-8: Resolution 90-28 - Awarding a Communication Equipment Maintenance Contract to Southcentral Communications in the Amount of $23,760 for a Three -Year Period. V KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 9 MOTION: Councilwoman O'Reilly MOVED for approval of Resolution 90-28 and Councilwoman Monfor SECONDED the motion and asked for UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-10: Resolution 90-32 - Transferring $2,250 in the General Fund for Repair of the Carport at the Fire Department. MOTION: Councilman Smalley MOVED for approval of Resolution 90-32 and Councilwoman O'Reilly SECONDED the motion. There was no discussion from the public or Council. VOTE: Councilman Smalley asked for UNANIMOUS CONSENT. Councilman Walker asked if instead of repairing a flat roof over and over, the roof could be made a pitched roof. Engineer LaShot stated that it could be done, but it would be expensive. City Manager Brighton explained that the roof is over the carport and includes a very small area. Councilman Walker asked if the work will put some slope to the roof. Mr. Brighton stated yes. There was no further discussion. Councilwoman Swarner asked for UNANIMOUS CONSENT. There were no objections. SO ORDERED. MOTION: Councilman Walker MOVED to convene in an executive session of the Council of the City of Kenai concerning matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai and asked that City Manager Brighton attend. Mr. Walker asked for UNANIMOUS CONSENT. There were no objections. KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 10 VOTE: Measles: Yes Monfor: Yes O'Reilly: Yes Smalley: Yes Swarner: Yes Walker: Yes Williams: Yes MOTION UNANIMOUSLY PASSED. Mayor Williams asked that the members bring their Information Item #18 with them and there will be a recess also. Recess: 7:45 p.m. Council reconvened at 8:20 p.m. Councilman Walker stated that Jack LaShot is to arrange an intergovernmental meeting with all the groups listed on the Information Item #18 letter. The meeting should be open to the public in the Council Chambers. The purpose of the meeting is to discuss the Kenai Boat Ramp. Mayor Williams asked if there was Unanimous Consent and agreement of the Council and their answer was yes. D. COMMISSION AND COMMITTEE REPORTS D-1: Council on Aging Councilwoman Swarner stated that the Council on Aging met on June 19, 1990. They discussed the congregate housing project. She passed along a message from the Council on Aging thanking the Council for their approval of the bid for the expansion project to the Senior Center. Mayor Williams added that this expansion will fulfill a need in the City for locations to have weddings, etc. It also will help catering businesses, etc. D-2: IAirport Commission Airport Manager Ernst stated that a letter from the Eriksen Group was included in the packet. Ms. Eriksen's letter discusses the comments and conclusions gathered from the joint work session. The work session was chaired by Councilwoman Swarner and Councilman Smalley also attended. The focus was the purpose of the airport. Manager Ernst stated that the directive he felt came from the meeting was they should work with the press t KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 11 releases and newspaper articles as that was most affordable at this time. Councilwoman Swarner added that the consensus was to start with this step and see how things develop. Councilman Walker asked if the cost to the Eriksen Group is over $10,000, should it not be put to bid. Answer was no, not in regard to professional services. MOTION: Councilman Walker MOVED to have the City Administration enter into negotiations with the Eriksen Group and Develop a contract to see what services the City can receive for $25,000. Councilwoman Monfor SECONDED the motion and asked for UNANIMOUS CONSENT. There were no objections. SO ORDERED. D-3: Economic Development Commission There was no report. D-4: Harbor Commission There was a meeting of the Harbor Commission directly following the joint work session. Councilman Walker was unable to attend the meeting. D-5: Library Commission Councilwoman Monfor reported that there will not be another Library Commission meeting until September. The summer children's reading program is in progress. D-6: Parks & Recreation Commission Parks & Recreation Director McGillivray reported that there is a memorandum in the packet regarding requests to provide a trail to connect the Recreation Center to the Huss Fitness Trail. Discussion followed as to what would be the best route. MOTION: Councilwoman Monfor MOVED that Administration provide such a trail and Councilman Smalley SECONDED the motion. Councilwoman Monfor asked for UNANIMOUS CONSENT. KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 12 More discussion followed in which a question arose as to the liability to the City if the trail crossed two streets. Councilman Measles suggested that there would be no liability if crosswalks were painted on the streets. Councilman Walker asked if there is room for sidewalks on Bidarka without getting easements. The answer was no. The trail could then be routed down Bidarka and part of Beaver Loop instead of using airport property. Mayor Williams added that Administration should check to see if an easement is available for a sidewalk on Bidarka. Mr. LaShot stated that approval from FAA would be needed. Mr. McGillivray added that Tract A (the property discussed in the memorandum) is zoned Conservation and is owned by the City. City Manager Brighton added that -he did not see that using Tract A would be a problem. Director McGillivray added that the cost would be kept down and done much like the Bernie Huss trail. Director McGillivray also added that most of the plantings in the flower beds/boxes are done. The rain has helped, but now workers will be trying to catch up with the mowing. VOTE: There were no objections to UNANIMOUS CONSENT. SO ORDERED. D-7: Planning & zoning Commission Councilman Smalley reported that the minutes of the -June 13, 1990 Planning & Zoning Commission meeting were handed out. In them it is reported that a Bed & Breakfast was approved and a right-of- way was approved. Also, the Commission worked on an ordinance regarding setback problems. Mr. Smalley added he thought the ordinance will be brought to Council at their July 11, 1990 meeting. Mr. Smalley stated that it was recommended that when an individual comes into City Hall for a building permit, a packet of information be given the individual regarding setback requirements. Engineer LaShot stated that Administration has already started this procedure. There were no further questions. It was stated that there is one position available on the Commission. Mayor Williams will look through the applications and come back to the Council with a recommendation. The next Planning & Zoning Commission meeting is scheduled for July 11, 1990 and will be held at the Library as the Council will be meeting in the Chambers that night. KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 13 D-8: Miscellaneous Commissions and Committees Councilwoman Swarner reported that the minutes of their last meeting are in the packet. There was some discussion during the meeting regarding the clearing of Rogers Road. Most of the membership of the Commission would like to see that area cleaned up and the City put some money into that project. Mayor Williams added that Tim Wisniewski has resigned from the Commission. A proclamation in thanks on the City's behalf should be prepared. Mayor Williams recommended Margaret Malmberg to be appointed to the Commission. Mayor Williams asked if there would be a conflict with Mrs. Malmberg on the Commission and contracted with the City for janitorial services. Attorney Rogers stated that there would be no conflict. There were no objections from the Council to appoint Mrs. Malmberg. Mayor Williams stated that he has an application from Mr. Anderson for appointment to the Planning & Zoning Commission. Councilwoman Swarner stated that it was discussed before that the next person to be appointed would be Nick Miller. Mayor Williams stated that he would take that under advisement. E. MINUTES 1. *Regular Meeting of June 6, 1990. F. CORRESPONDENCE Mayor Williams stated that the 6/6/90 letter from G. Sonnevil, USDI, F&W Service regarding buildings at former Kenai National Wildlife Refuse Headquarters site in Old Town Kenai was included in the packet. G. OLD BUSINESS There was no Old Business. KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 14 H.' NEW BUSINESS H-1: Bills to be Paid, Bills to be Ratified. MOTION: Councilwoman Monfor MOVED to pay the bills and asked for UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. Mayor Williams asked Finance Director Brown if the City's funds are distributed to banks other than just NBA. Finance Director Brown answered that there are very few funds held by NBA. There may be as much as $100,000 at different times in the City's checking account. Most of the money is invested in government securities. H-2: Requisitions Exceeding $1,000 MOTION: Councilwoman Monfor MOVED to approve the Requisitions Exceeding $1,000 with the exclusion of the purchase order to Carr's for congregate meals and asked for UNANIMOUS CONSENT. Councilman Walker SECONDED the motion. There were no objections. SO ORDERED. H-3: *Ordinance 1377-90 - Rescinding Ordinance 1287-88 and Establishing a New Budget for the "Kenai Flats Wildlife Viewing Area" Capital Project. Approved by Consent Agenda. H-4: *Games of Chance and Skill - FOE Auxiliary of Aerie 3525. a. August 17 and 18, 1990. b. October 19 and 20, 1990. Approved by Consent Agenda. H-5: Approval - Motion to Award the Inspection Contract for the Project "Upland Highland Improvements" to Wm. J. Nelson & Associates. The inspection contract is for the Old Town street projects. A new fee schedule was handed out. 1. KENAI CITY COUNCIL MEETING MINUTES June 20, 1.990 Page 15 MOTION: Councilwoman Monfor MOVED to award the inspection contract for the project "Upland Highland Improvements" to Wm. J. Nelson & Associates for the not -to -exceed amount of $24,800 as per their proposal dated June 13, 1990. Councilwoman Monfor asked for UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. H-6: Discussion - Airport Security and Implementation Costs. There was material in regard to the proposed airport security included in the Council packets. Councilwoman Monfor stated that she did not believe that the City should pay the amount of money proposed at this time. Councilman Smalley agreed that after a year in service, perhaps they should reconsider the proposal. Mayor Williams referred the Council to the expense the City went to in making counter space, etc. for Friendship Air and how Friendship Air left shortly thereafter. Mayor Williams sees this proposal only to benefit Markair. Councilman Walker stated that he agrees that the City should not spend any money for this at this time. However, he believes that Airport Manager Ernst should contact Markair and check into the funding that is stated to be available from Markair. Airport Manager Ernst will contact Markair by letter and state what Council discussed during this meeting. Manager Ernst also stated that he feels consideration should be given to the other air carriers now situated in Kenai as the proposed security would definitely involve them. H-7: *Restaurant Designation Application - Don Jose's :Restaurant and Cantina. Approved by Consent Agenda. H-8: Approval - Change Order #1, Kenai Municipal Airport :Phase II to Quality Asphalt Paving. Airport Manager Ernst explained that the change order is required in order to repaint runway markings. FAA erred in naming the runway and now corrections need to be made. z KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 16 MOTION: Councilman Smalley MOVED for approval of Change Order #1, Kenai Municipal Airport Phase II to Quality Asphalt Paving in the amount of $1,867.08. Councilman Measles SECONDED the motion and asked for UNANIMOUS CONSENT. Councilwoman Swarner objected. VOTE: Measles: Yes Monfor: Yes O'Reilly: Yes Smalley: Yes Swarner: No Walker: Yes Williams: Yes MOTION PASSED. H-9: *Ordinance 1385-90 - Increasing Estimated Revenues and Appropriations by $2,712 in the Council on Aging Title III Fund. Introduction was approved by Consent Agenda. Mayor Williams explained that the ordinance needed to be posted for five days prior to a meeting. Special meeting of the Council was set for June 26, 1990 at the Senior Citizens Center at 11:30 a.m. Mayor Williams asked for an indication of what council members would be attending the meeting to insure there will be a quorum. Council Members Swarner, O'Reilly, Monfor and Smalley stated that they will be attending the meeting. Finance Director Brown stated that should state for public hearing of of Requisitions over $1,000. I. ADMINISTRATION REPORTS the purpose of the meeting Ordinance 1385-90 and approval I-1: Mayor Mayor Williams stated that the first Council Meeting of July has been moved to July 11, 1990 due to the first Wednesday being a holiday. Mayor Williams requested that Public Director Kornelis bring flat costs for building a 20' x 40' pavilion using the design of the low pitch beam shelter that was included in the packet to the July 11, 1990 meeting. There were no objections. L KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 17 Mayor Williams also stated that he will be out of town a lot in the future. Also that the American Legion Statewide Convention starts tomorrow in Kenai. I-2: City Manager City Manager Brighton handed out to the Council a copy of an update to the Seven -Year Report. One booklet included the Public Works Department and the other, the rest of the departments. I-3: Attorney No report. I-4: City Clerk Clerk Freas informed the Council that the bid for the contract secretary needs to be re -advertised. There was one bid that was received, however, it was received one-half hour after the bid opening time. Clerk Freas stated that she did not look at the bid at that time and is not aware of who placed the bid. Councilman Walker asked if it was necessary that the bid be rejected. Attorney Rogers stated that the rejection is more than a technicality. There were no objections for re -advertising the bid. Clerk Freas added that any commission or committee meetings held before contracting with a secretary will be covered by City Hall. I-5: Finance Director There was no report. I-6: Public Works Director Director Kornelis was out of town. City Engineer Jack LaShot reported that the Willow Street extension project requires direction from the Council in regard to the Corps of Engineers permit. The Corps had returned the application for more information. Mr. LaShot asked if the City wants to go ahead with the project. The main reason for the project was to connect the street to the proposed fire training grounds. Mayor Williams stated that he thought the City should go ahead to acquire the permit as the permit will be harder to get in the future. While in Valdez he had found out that Building 100 at Wildwood :is not acceptable to the University. KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 18 Councilwoman Swarner stated that she did not think that the project should go ahead if there is no reason to have the street extended. Councilman Measles stated he felt the City should get the permit. The permit will be good for two to three years. Councilman Walker stated that he thought the street project was out for bid some time ago. Mayor Williams stated that the Council authorized construction but has not gone out to bid. Engineer LaShot added that the money is has been appropriated. Mayor Williams stated that the City should pursue the permit and when it is acquired the street extension can be dealt with quickly if needed. Councilman Walker asked about dust control in Thompson Park. Engineer LaShot stated that the distributing truck has been tied up on the airport project. They will be able to start applying the mixture on Monday. Councilman Smalley asked about the cracks in the new pavement on Linwood. Engineer LaShot stated that he has spoken to Director Kornelis and Engineer Bryson about the cracks. The cracks are not unusual. The cracks were larger in the Spring, but will contract and become smaller. The cracks must contract before any tar to repair can be inserted. This will be done this summer. I-7: Airport Manager There was no report. J. DISCUSSION J-1: Citizens a. Leo Oberts - Mr. Oberts stated that he too has applied for a Corps permit and has not yet received it. He believes that the regulations on the Kenai River should be simplified. There are too many agencies involved in managing the area. Mr. Oberts also stated that garbage disposal/collection and sanitary facilities along the River are areas of management desperately needed. There is also a serious problem with bank erosion. KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 19 Mr: Oberts added that he believes that the City's proposed boat ramp is a very good idea and also thinks there should be more ramps placed along the River. This would help with the erosion problem. Mr. Oberts stated that many people are not aware that the world's largest salmon was hooked in the City of Kenai limits. He believes that this should be better advertised. Mr. Oberts suggested a sign be placed along the River bank informing boaters and fishermen that they are in the City of Kenai. Mr. Oberts also suggested that the City should suggest to the Cook Inlet Region, Inc. that they place the proposed Heritage Park in the Kenai area instead of Anchorage. It was the consensus of the Council that a sign be placed by the Beautification Committee along the bank of the Kenai River. Mr. Oberts offered the use of his property for such a sign. Also, it was suggested by Councilman Measles that Mr. Oberts be informed of the intergovernmental meeting that Mr. LaShot is to set up so that he will be able to attend. b. Denis Douglas - Mr. Douglas, had made a presentation to Council during their June 6, 1990 meeting regarding his grievance. Mr. Douglas wishes to have his position re- classified. Mr. Douglas asked Council if a meeting had been set up regarding his "problem." Mayor Williams deferred the answer to Attorney Rogers. The answer from Attorney Rogers was no. Mr. Douglas stated that he tried to speak with Attorney Rogers in his office recently. Mr. Rogers had Legal Assistant Graves in the office with him. Mr. Rogers stated that he did not wish to speak with Mr. Douglas as he was represented by counsel. Mr. Douglas stated that he told Mr. Rogers that he fired his attorney. Mr. Douglas stated that he thought the refusal to discuss the matter a good sign that Administration is taking him seriously. Mr. Douglas went on to say that he then spoke with Mr. Brighton in his office and asked if he could be placed on the agenda for the Council Meeting. Mr. Douglas reported that during their discussion, Mr. Brighton asked Mr. Douglas if he has received counseling regarding his grievance. Mr. Douglas stated that he has received counseling and that he is fine. Mr. Douglas also stated that Mr. Brighton should not place his hands on him again as he takes that as a threat. t KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 20 Attorney Rogers explained to Mr. Douglas that his grievance is adversarial and in that light it is not appropriate for Mr. Brighton to speak with Mr. Douglas; it is not appropriate for himself to speak to Mr. Douglas; and Mr. Rogers stated to Council that they should not discuss the matter with Mr. Douglas. Mr. Rogers also stated that he has not been informed in writing by the attorney representing Mr. Douglas at the last meeting that he no longer represents Mr. Douglas. Mr. Rogers stated that if Mr. Douglas wishes to discuss this matter with him, Mr. Douglas needs to do so in writing and Mr. Rogers will then, if necessary, respond in writing. Mr. Douglas asked if a meeting regarding re -classifications will be held in the future. Councilman Smalley asked if at their last meeting the Council discussed whether a meeting regarding re- classifications in general would be forthcoming at some time. The answer was yes. Mr. Douglas stated that he thought it improper of Mr. Brighton to ask about counseling. Mr. Rogers stated that it was inappropriate for Mr. Douglas to ask and inappropriate for Mr. Brighton to answer. Mr. Douglas stated that he felt that Mr. Brighton's remark about counseling was a threat. J-2: Council Councilman Walker stated that he saw that the pictures in the industrial. display area were placed permanently and that they looked very nice. Mayor Williams asked if Councilman Walker had a chrome plated Christmas tree at his place of work. Councilman Walker stated he would find out. Councilwoman Swarner stated that she was under the impression that there would be a basic bid, no alternates, for the Senior Center expansion. Councilwoman Swarner stated that she would like prior knowledge of additions to bids. Councilwoman Monfor stated that she was surprised to see six transfer boxes placed at the dump instead of the two designated by the Borough. Councilman Smalley stated that he spoke with Linda Parker regarding, the Food Bank. She was concerned that she was not explicit enough during her presentation at the June 6, 1990 Council Meeting. Councilman Smalley stated he would like to check the budget and see if a donation could be made by the City. k KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 21 Councilwoman Monfor stated that she believes the cause worthwhile, but did not feel that the City could involve itself with this cause and not have to be involved with others that request donations. Councilwoman O'Reilly agreed with Councilwoman Monfor. Councilman Walker stated that it should be remembered that the Food Bank deals with all other organizations in the area. They are the distributors to the other organizations. MOTION: Councilman Smalley MOVED that the City of Kenai, as a one-time expense, donate $1,000 to the Kenai Peninsula Food Bank. Councilman Walker SECONDED the motion. AMENDMENT: Councilman Walker asked to make a friendly amendment to the motion to donate $5,000. Mayor Williams stated that he felt the City should make a donation. He checked out their operation. They have no funds going to the director or the volunteers. Mr. Brighton and Director Porter stated that Mrs. Parker is getting paid. Councilman Smalley added that she is salaries, but has not been paid due to lack of funds. Mayor Williams stated he felt that the $5,000 donation was too much. Councilman Walker changed his amendment to $2,000 as a donation. Councilman Smalley accepted the friendly amendment. VOTE: Measles: No Monfor: No O'Reilly: No Smalley: Yes Swarner: No Walker: Yes Williams: Yes MOTION FAILED. KENAI CITY COUNCIL MEETING MINUTES June 20, 1990 Page 22 K. ADJOURNMENT Councilman Measles MOVED to adjourn the meeting. Meeting adjourned at 9:55 p.m. Minutes Transcribed by: Caro L. Freas, City Clerk 1 AGENDA KENAI CITY COUNCIL - SPECIAL MEETING JUNE 26, 1990 A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval B. PUBLIC HEARINGS 1. Ordinance 1385-90 - Increasing Estimated Revenues and Appropriations by $2,712 in the Council on Aging Title III Fund. C. NEW BUSINESS 1. Requisitions Exceeding $1,000 - Approval of Purchase Order to Carr's for Groceries for COA-Congregate Meals and COA-Home Delivery. D. ADJOURNMENT t RENAI CITY COUNCIL SPECIAL MEETING MINUTES OF JUNE 26, 1990 RENAI SENIOR CITIZENS CENTER COUNCILWOMAN CHRISTINE MONFOR, CHAIRPERSON PRO TEM ITEM A. CALL TO ORDER Chairperson Pro Tem Monfor called the meeting to order at approximately 11:31 a.m. in the Green Room of the Kenai Senior Citizens Center. A-1. PLEDGE OF ALLEGIANCE Chairperson Pro Tem Monfor lead those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Those present were: Monfor, Swarner, O'Reilly, and Smalley. Absent were: Williams, Walker, and Measles. A-3. AGENDA APPROVAL There were no changes to the agenda. MOTION: Councilman Smalley MOVED for approval of the agenda. Linda Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were objections. SO ORDERED. B. PUBLIC HEARINGS Item 1: Ordinance 1385-90 - Increasing Estimated Revenues and Appropriations by $2,712 in the Council on Aging Title III Fund. MOTION: Councilwoman O'Reilly MOVED for adoption of Ordinance 1385-90 and Councilman Smalley SECONDED the motion. Public comment was requested. There was none. Council comment was requested. There was none. VOTE: Roll Call vote was taken. CITY OF KENAI COUNCIL SPECIAL MEETING June 26, 1.990 Kenai Senior Citizens Center Chairperson Pro Tem Monfor Presiding Page 2 Williams: Absent Walker: Absent Measles: Absent O'Reilly: Yes Smalley: Yes Swarner: Yes Monfor: Yes MOTION UNANIMOUSLY PASSED. C. NEW BUSINESS Item C-1: Requisitions Exceeding $1,000 - Approval of Purchase Order to Carr's for Groceries for COA- Congregate Meals and COA-Home Delivery. MOTION: Councilman Smalley MOVED to pay the bill of $2,441 for groceries for COA-Congregate Meals and COA-Home Delivery. Councilwoman Swarner SECONDED the motion and asked for UNANIMOUS CONSENT. There were no objections. SO ORDERED. D. ADJOURNMENT Meeting was adjourned at approximately 11:35 a.m. Minutes Transcribed By - Carol L. Freas, City Clerk t Cook Inlet Spill Prevention and Response �-�� Implementation Committee Co -Chairman: Clay Borden„ ARCO Alaska, Inc Tom Brooks, Marathon Oil Company Members: Gene Burden, Tesoro Alaska Dave Parker, Mapco Alaska Petroleum Steve Ohnimus, UNOCAL Corporation .Bob Williams, Chevron U.S.A. June 21, 1990 Mayor John Williams City of Kenai 210 Fidalgo Street Kenai, AK 99611 Dear Mayor Williams: 20 212,? Q JUN 9 C/r ITYCL� C'. 00 `C, Y °f K f^� ti ti 9SbEZ�'� Citizen participation in the review of oil spill prevention and response has been the focus of federal, state, borough and industry attention over the last year. Further legislative action is expected which will require the formation of a Cook Inlet Citizen Advisory Committee. This committee would review and offer advice on spill prevention and response plans and procedures. The industry, borough, state and federal agencies are in the process of developing a Cook Inlet spill prevention and response cooperative. We envision the simultaneous formation of the Citizen Advisory Committee as an independent review board to the cooperative. We invite you or your representative to join us at a kickoff meeting Tuesday July 10, in the Kenai Peninsula Borough Assembly Room. The meeting will start at 7:30 p.m. At that time, we will outline the new cooperative and its relationship to the Citizen Advisory Committee. We are recommending an interim committee be established to develop a mission statement, goals, bylaws and budgets for the permanent committee. Last fall, the Kenai Peninsula Borough began working with local oil industry officials and interest groups to address many of the spill prevention and cleanup related issues. Public meetings showed strong feelings among Cook Inlet communities that more could be done to improve oil spill prevention and response. The Borough endorses development of a comprehensive prevention and response cooperative which provides the mechanism for citizen review. For further information, please contact any of the Implementation Committee members listed on the letterhead. If the July 10, date conflicts with your schedule, we will gladly arrange another meeting for those who cannot attend. Sincerely, Clay U. Borden ARCO Alaska, Inc. P. O. Box 100360 Anchorage, Alaska 99510-0360 263-4926 Tom Brooks Marathon Oil Company P. O. Box 190168 Anchorage, Alaska 99519-0168 564-6350 Kenai Chamber of Commerce—� 402 Overland Kenai, Alaska 99611 (907) 283-7989 July 6, 1990 J Honorable John Williams , and Kenai City Assembly 215 Fidalgo Kenai, Alaska 99611 REFERENCE: 4th of July/City Participation Mayor and Assembly Members: The Kenai Chamber of Commerce would like the officials of this City to know that we appreciate the attitudes and assistance offered by the City Employees we have been fortunate enough to work with. Chief Ross and Lt. Oldham have provided a great deal of manpower and assistance, always with humor and goodwill, despite some of the blockades we have run into, let alone some of the outlandish requests. We thank them and their subordinates for their help prior to, during and after the parade. Cayo McGillivey and his Parks and Recreation employees, again, not only for assistance with picnic tables and trash receptacles for the actual parade and booth areas, but also for help before and after. All this extra work was received with a smile and apparent enthusiasm to do something for the public. Visitors to this city remark time and again about the cleanliness, the beauty and most of all the friendliness. We at the Visitor Center can honestly say that alot of this good will is because of the warm attitudes of our City Employees. These personalities make it most pleasant, not only for visitors and residents, but also for those of us that try to provide special activities for the benefit of everyone. We are taking this opportunity to let all of you know that the City of Kenai is being well represented by it's representatives. Sincerely, Laura Measles, President Board of Directors LM/amc CITY OF KENAI FIRE DEPARTMENT 105 SOUTH WILLOW STREET KENAI, ALASKA 99611 1907) 283-7666 July 9, 1990 All Council Members City of Kenai Council 210 Fidalgo Street Kenai, AK 99011 SUBJECT: INVITATION TO ATTEND KFD DISASTER DRILL PLANNING MEETING ON MONDAY, JULY 23, 1990 The Kenai Fire Department is planning a disaster drill for the last week of September, 1990 at the Kenai Airport. The Kenai Fire Department Disaster Plan and Kenai Airport Emergency Plan will be implemented. The purpose of this drill is to meet FAA regulations, test the City's Disaster Plan, and to improve our expertise within the scope of the drill. This drill will bring together our neighboring departments and affiliates such as the hospital, airport manager, police department and local businesses in order to work together as one unit. This drill is intended to reduce the confusion that could occur during a true disaster. The scenario is for the drill to take place on or near the runway. The drill will proceed from the hospital and will be considered completed upon the release of patients to the hospital. At present, we are anticipating 20 injured participants which will be broKen down into walking wounded, non -critical, critical and dead. The next :Disaster Drill meeting is scheduled for July 23, 1990 at 0900 hours at the Kenai Fire Department. I hope you will be able to attend. The Kenai Fire Department is looking forward to your involvement. Sincerely, David C. Burnett Acting Fire Chief Kenai Fire Department File: Disaster Drill 90/DC07.9.90D.Drill _' low St. Suite 106 • Kenai Alaska 99611 • 907 283-3335 KENAI PENINSULA BOROUGH ECONOMIC DEVELOPMENT ` DISTRICT, INC. July ll" 1990 Mayor John Williams and Council Members City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams/Council Members: Congratulations on the receipt of your EDA Grant. The attached letter, although dated July 2, 1990, was received late afternoon today. We understand that the Financial Assistance Award packette is in the mail and that you should be receiving it in the next few days. It is also our understanding that Senator Stevens will be doing a press release on thi grant, along with other public information on Friday, July 13, 990. Again our congratulat'ons. Sincerelly, rE. Carter tive. Director /sb encl V i i � _'V 1'-1 • JJ fs� JUL 02 i Mayor and Members of the City Council, City of Kenai Xenai nice.ntenninl Vinitnrm and Convont:inn Buren m 210 Fidalqo Street Kenai, Alaska 99611 Ladies and GentI amen t! uu1 UNITED tsTATES 6 _rARTiiIENT Of COMMERCE Ths Asaistsnt Hearatn: y for Er-onumia 00woloFmsnt Wwchington, 0 C. 20230 in rcply refer to: ,)�wa.d No. 07-01-03198 We are pleased to 6nciose herewith two signed copies of a financidl Aasistancie Award in an amount not to exceed 1800, 000 issued pursuant to your application for Federal Assistance to uUnatr;AQL a 9,U00-10,000 square foot -building to be a multiuse cultural and convention center. Tne total project cost is $1,600,000, which is bas*a on the line, item estimates ccntaj,n-ud in Attachment Nn_ 1. Your %,x9reement to the terms and conditions of thy+ award should be indicated by ttie viyj:ature or your principal official on both of the slynvC;' copi.ees uC the rinanuial Assistance Award. One of the executed copies anould be returned to the Director, Seattle Regional ofiiue, F.Cor.omiC Development Administration, Room 1856, Jackson Federal Buildinq, 915 Second Avenue, Seattle, WAnhi ngtnn 148174 . You a, a cauCioneO not to make any coritrnitment:!� in reliance on this awn d, nor to enter into negotiations relative hereto, until you have carefully reviewed the terms and conditions and have determined that you are in co;nplianc:c or t;h&t you can Comply therewith. Any cQmmit.ments or undertakingis entered into prior to \ obtaining the approval of the Gavarnrreent in accordance with its \ t.rmn and conditions will be at your own risk. Sincerely, L. Joyce Hanmpara Aest3i9tant st+cratary for ECOnpmic Development Enclosures 12 11 It It W 4 A, 1, ,n At A: 'r. H x At (D is A it PD4 0 1: A P. u A 0 C) o n -- C> rn C) C> n ID C, � CD M O C. 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V)E� W " V) V) L/) 0 P� PQ F, LI) m 0ti q H 0O W- �q - V) V)H u In V) Z. 0 x �4 " :�- < �4 F, :X V) LZ Lo ;71 CD W� -VI LQ " F, r, n cc LI) u w LD " ;_ C4 P14 w u w u -1: w LD u 14 V) = " �4 :'v, 0 j C C4 0 w Id u > w u W u 0 P� 04 �'4 (1) .4 F-Al C4 F-Al 04 C4 0� �4 W 0 •�j Pi W V) LQ V) " 0 0 W L-1 w ;14 " CD E. x a4 0 PA A C4 u H V) F_, �j Z� U ::, �J %0 (n 0 C14 at V) V) H V) >': L4 -1i V) w r-I H IV W u V) x0 F� U 0 �n u HW W" tj Ll P- a4 V)x L) !�.P.It C) 0 -A H P. H U ,'.0 — ; C Pt F-I m a, a. x co Iz >A V) P4 H u C, H WPO C, I W4 > Q. V) -V y c, co, L. t" 0 �11 w 0 �c w r4 r� — H C-4 — O ❑i- c W U) L.. H U) x W4 u u CD H O H V) J) L/) W H LO > :j o F, C�l al :21 U) U 0 fa V 0 W w W(ZY CLA a. x C4 CD IA CY 0 CY CD u Wvi Lr) 'r. -r x ol. "-) . LW Ll U WHITE - VENDOR GOLDENROD - ACCOUNTING CANARY - ACCOUNTING BLUE - SHIPPING & RECEIVING GREEN - APPROVED COPY PINK - REQUISITIONER PURCHASE ORDER CITY OF KENAI 210 FIDALGO ST. PHONE-283-7538 KENAI, ALASKA 99611 VENDOR NO. 15002 F TO Wm. A. Kluge & Associates 130 Trading Bay, Suite 330 r Kenai, AK 99611 l___ SHIP VIA: u-� 4DER 4ON ALL PACKAGES AND PAPERS i. RELATING TO THIS PUR- CHASE. No. Dore 7/9/90 BY C—A. L M.Dre Tno DELIVERY DATE PREPAY SHIPPING - CHARGE FOB PEROUOTATION PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. DESCRIPTION OR ARTICLE QUANTITY ORDERED UNIT UNIT PRICE AMOUNT Contract inspection, including review and approval of shop drawings, pay estimates, change orders, etc... According to Kluge's proposal dated January 31, 1990 11,700 11,70 TOTAL �216.50.8097 1 11,700.00 1 DEPARTMENT Sen. Center Dininq Expar. CSK — 7111190 BY � C � � �' • MRAi MENT HEAD KLUGE Y'&.:ASSOCIATES �. rARCHITECT8 F _ PL A N N E R 8 130 Trading Bay, Suite 330 - P_63-3696 i h �y Kenai 4;1 , �aS k p>r7,T. r� �tAlaska 99611 _ X Y� i .+<: s h d',i a S .+ �" t x .,, c 1! 11 `K '•e f s _Ft?�:i3�+t{�3. �.�. ?r+ 1. a"-Y _ -•( .- y....� •i'l .SF �'i.-r??n).3 *�Ii.a�.Y 3'-'��,f `tiTw�'r�S��tC .T�.•. �� YFb:L�F ja2'' eith:Kornelis, Public„Work ity'�`of 'Kenai �?�>«�' ..� 4-�►� t� W'J 1 I i 1. j Yl A :210'•Fidalgo _' r : .J,,1. I:::e,': y; " f•' F ;;r;� •.:x,.rY' ,,x LYr•.a1 , i -M. Kenai.t .lAk I• .•J `�' Jf*:'�\ ,J � 'y' N: �1' �`••�I'�}• y.•',,� 4:� %� . ' ;• "' " 99611 r !��`�'3si: �� ' y.��•.ti, N' � • �,,,� : i';;rr••:fa•�t.. a...'• is ii�i�. a7...� ' • " '• .; z :1: ,...c. „ �11 '�s�ir•i tip,\f �r�i� i ~•s.�+.�•'. f' .'R�t. S{'' a e�i;f%.1. ' t ,� .> 1 {r,�i t ' fit{ Y . �Y f�� 'N•• s . � t e : I.' '•� �i=y . �`wS'R iiSi+r9-J.. %s ..}li•:.•'J i•!••. to '���C'e'\1• j�A r ik rYC .l",t + 1.1d' ,•y�i � I` i� ! (f % i d r 4Re • '.�?;KENAIc .SENIORS CENTER -'DINING ADDITION }is'y.r {9.J. Y1 `yrs� {� T �• \ .., •., .1•ti,: s.� .� �>i �..+.W.iyl •R!��iwew• .. 1� rvZs•.. [ > +` �. ,•,.,r. t ! 'rft>Z t;; s •,��_• �l.� � �;. , .S'r•344.s�h}.t:a_2r.. �:.'.a •,q'u i,,..•)Jpt•aua i � J ! �� - r i �'*1. Dear Mr . Kome 1 _ s :.,; _ ..... Attached is'awproposal toprovideArchitectural/Engineering services {' for' -the referenced project."'Our proposal -;is based on the revised sche.^,:atic drawings for a 2000 square foot addition, forwarded to you ,'last:week. — In reducing square' footage -we were 'able to avoid impacting the,existing electrical transformer..and kitchen exhaust fan. The "schematic"estimate that Clark-Graves:pr.epared for the City indicates san 'approximately $118 per' square';: -foot. -:,construction estimate or,about if9$- less - than the $130 per square.' foot . �we on ginally budgeted. , We hope that.the'revised plan and"budget',meets with the City's approval. I will_^be;'in attendance of the next 'council :meeting. If you have any YF questions, `feel free to call '-'.4�` k ,Sincerely, KLUGE &` ASSOCI.ATESXi ! Bill KI ge, Architect 'r: a.� } J �EAttachment .}:File 8268.02 �; ATTACHMENT - PA ti. tv ► ti i' 7 `Y h i\ - 1 � : i p� �� •.Its .fi �'�.+3� 'je, tid . }: f � 4 #f~ '� r, � • J,L i .'•++iY' ty / .� /y S y'- A t�r S � L'i � ti, If j R - r + M _�'_+•{•.f.`R�>./�i!sYi S■ S .• t" h'�+flfi ,.�`yt. i .b..w'4�'I� I�.lfy�`�r <. N , • ......KS.i•• •.r A.,f / ff r F a^i' �•� - .. ' „r i t,. Y y!.•4 w i •1'}! i�li,:.. d 1N �. �; w ? R •+ J ' J ICENAI r f ;•�"�''f'i `�;' �,;:; SENIORS .CENTER DINING ADDITION jT{7F `• •1 IR W*,f. t1:• 'r v f. .. .• L•`• .1Y1' � jL4 5,•n .•+'K "Rr •/ fi, JE7 L -: „t �!•F' i• .y ' �: � • ' r .r: .� a .3J', x., a '. J38 �-• c�� , it,::;;K!'s � ?f • 1 � i S+J'•i •, :i�. r.�'•'r��.:�j+..• ,,. 'gyM1SM �' +t` • ..�• '�-fi,s8"'!✓ Proposal sty. Vtffr• '� ra! y ..1�i .7ir. . ,' f.W'..`� r+F•.:.r:'. ,yk.,,p ...Y ��,.' 's�"✓-K Y_'i�%h"} i':ji f �,'r i '` .•;y't r t•.Fb •JEtw :v: r .y".,,, _. ": ',JI.' � �; tf Or •''r a v�vn .; _ .t' x if :+�-'�}•ti.,,•'.�yy1 ! i •. r� :; :�. y''.••,?eJ.:.ry. •.•':.:-: •yi,�r,y� �;:,%, �:,,,.. w•r�y f 'L � � y,,+;y,,`;�;,�';;•'�Architegcptural%Engineering Services i .ii�isj++� •t lf�f'S •-'; a •t '' ,�' • �vp.. 5• 't �y: r.1'fv �'�^+•� i 4 %• -� r... f+X ?V ' � � ?s Y' y 1 cE - • ti r• V' � •1„'C'••'/f 1 . t, '•, ; • t E i•`gyt, � �� ('•(y ;. iy �'9i/ :f . s cope 'S.of -Work: r : .. + of � � ��qqr i N� .;•�A�'A S 1 ti jl J r. � � •� i .IT•'f,•' y j� ` � f +, w �{� F �E ' :�%+tttirY+Y,+•SF`•t'� ai ,�:: t'o i;`af '- 1 , e3 t , t 4 �r-V;6T •��;ti/,••:•. Contrayct.Documents/Bidding Phases •� KIN h- t j :!.fyT. i 1... .! +'^ yT,? � _ �y `7� �7" � s S' i .� � `� i� �• } - �t f� r r' f •Riw''� •f�•i �+' ..I. i'r.•• �wC rt` rj,p ,,'- '^.1,u�.r+';�.4}.-._iy y�'r� -Y+.• �r 1. ,. i f r./ sR. ter Meet;with seniors and;;further:Mdefinstorage requirements ddition . ' Produce. schematics"ite` plan, :` building section, • ' ��` floor plan and elevationsPresent,�schematics to City p f y5 co:nner+ts and approval ' �'''`'hx�O{ , �• ,. � ! � ��.:� •��6++.,+, r... '+•, .�• � r : Ley ,�' i - �•' tt h � • Forward approved schematic ;;'drawings ;=to ' engineering consult a�-�" E .ff + `,;';c,ants.�';Produce Design Developmentdrawings .which outline all`•<°; ":'materials structure* . -and :electrical rI ''• .�' ;'-y systems. Present to .City for"'coinments'°and -a roval rwti'rti!3M�bFtK} pp ri k+/ �'-'+'` Produce 'Contract Documents' -"for :,competitive_ bid including l ti ? ,; A ;wdrawings and technicalspecification..z:The be City would #' •{ e,!1.; •res onLble for providing -their standard "boilerplate'' F specifications. Present' to City for. final review comments li`�tf!'+"�'and approval. I ••L!C J yG �A �R � �- t r .Y ?S�1Nr'':r4 ;.t •�' `� �: 1,."•S',%,' 'f .. ' 'J •tA�g 4s. � i f J si - i .-. 1'f"_- C'M'z . , <<:, Obtain upda: ed final cost estimate from Clark/Graves an d�:Y y` orwarci to City.tC­ .���' �••.'.:.t :S ._ 'a •+�a�'•:,T,, . r z...�o• �r-t'i �}s'•. r tSa"�'�'r�t r ••+,� r t: .4'., . - n � is � rr j Assist the City in bidding phase, `including preparation of addenda, bid tabulations .`and construction contract negotia r,+. ' .'t.tlons. y �•1'F� .� . • •1r.f �1`r •. . r �t. ���� 'rr�`•• V 6'4°-y+�.tiyr 4 i '>,'' j' R ��:3: '*.• , s : '�:. ,••�;: .; .. }.yam„ ra 4�} it�ytif' 'h. .:.'•{� ' ,".J •Y . , ,' ° '` �' ''-�R,�. ' • !, Contract Dccu nent/Bidding Phases Lump Sum Fee $22, 350* .s\�:1,�:.•r, �•. s'`+•'.�'•, •t• r _ '� 4 ti f w+ }.' Y $try i { r '{ r - - J'r1"='4, Contract Administration Phase l�' •.r .r.'1� i.�.; r r'- +. •:�, .•: :"Provide ner'..odic inspections- esulting i.n field .reports of T �• � t.j cns and; deviationr s fom ,Con r �`� ;; �;+. ,• �:.;obcervr.• xl Y t act Documents ^' ryj4ef.•f� r :',�, fir, ::: t.,:r�v .i' .s' :-' ,;".,' `:. , .; , '�r . `� `^-.-,' .• .Review ::_i a p i-^ v e shop drawings and submittals including mecInanictiel".;ctrical engineers' --review. Review al--d' agar_• e application and certification for. pay- �,FtF; , rs ments. Provide Mechanical and Electrical 'engineer insp ection at ':rough-i.n and final -stages of . work, resulting in field report of observations and deviations from Contract Documents. A. ' . C A ATTACHMENT Y, :Cis t'f }'�� r ' - •� .` a. r., , 1 PAaE___._.., OR= P. r 1A2SENI0RS CENTER - DINING'ADDITION op:osal<for Architectural/Engiineerin�g� Services Te ;s� ter , .-t5 yr Yr �.{1l t �'.•4i � �P2 +lr -a(;;_s r 1 of ° y �>i r� , 7 � "� •�`4�.. a �" r t t 4 r ri � '� � � 7 M ' r 5 %R -� ! •'' � :1 , � s y r Y;*�z.. � 7 �+T . fi ti ;1"zie > �. I.. ' X w ire �v�M >f..•� � '�i�';,�r"! Raw' �'. �.►1 . 5 . ? 6 = i+ U ttti : . l r �• [(�.� 'f ��s�i�l'' Y Y - • +i' 's.: Ji . I� •, .`L.. .+.• j �a A. ..+. . � ., � c Pf'{..k`r•i�•-� r~'k tt _ V iw�.y �•�y` �f' �:i5� ...�• f.7• •* 5 fi � r f•�:i� 'S�i,�.r C `.:� . :a , - � S _ .i�''1'ae `515., .'a.'• ' S'. ,�;. '" ,Y � Provide`Substantial.'Completion�Inspection+resulting in punch 'list. of ,items to be addressed �1 r*r=-, .rx {7,�.tf �}, ry�� j`..jt.7.+erL��'�Cr-'}i,'6''f✓�4rys 314'r i"y7`! 'Gb�-i + sI'ti v rr ��..i nFF:}.Y�y,'Z'�,iy r '�'fe . :4��x,S•3y y 3'"',.G�y�S. A<`�'_"!g iVerify punch list completion`and.:perform-final°inspection. aE a�t+y, yt ram. [ :r ;� sr 1 �:r .*•v� �k�z > r? t'1`,;i.rr{�r> .4 �' a A:!! • 4f r 's rL'tE��r`��ir�,.,�".��.`� 'Provide as as -built` drawingsonreproducible mylar.to City <. M'•;,' r.c, w 'tS:P �*.� Y YV•.3r .t,j-'af7c• ':t ::� .S- " 1 r •• Contract'Administratio��n °Phase LLump, Sum Fee " `.r- _,� $C11 700 •S .�t' -ti'Y Syrw t€ar.•l Yi. ,�t1 �iFr^i 7 i't.: �.�+�"1s..eGit S� •e` ,"' at`.f;+'!'+ ' �r�.�-"' f. �a' ti!-h 4 .[: v �.+, 9� i.�•�'S '„1`•�ij!: a: d ��. y, ,• �YY'" ..,r, •.w t 'J{, �c _� ump:�sum fees :quoted-include,":;af ireimbursables with the lexception >rinting drawings `,and I'speci;f ications . "":Printing costs will : beJ ed at_ cost .plus ..10 :percent.^€tt�a~._.. - _ ^a<:,"f [!� V :. :•.. �, :i�. Y '!-■ ;.�f�+..:+. Nf'j ": +"•"_•.` � a�. 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'r, +a:i•. .•5 ...:�': .•.� "r .f •i. - }, a .'+• ra�r S�, rl't ..'r����';.1•.r%�.�.;}r.'i: .'4,.r f•ai�!S: �!.'1:: .r'•' , 'ui�J•i?=� �S.'1ri1 Y4.tJ+'1-r ' •\' f '• r . iL:s � �i `.i s.1.■►:1•w ta.l� : ;Y �r �5: � di.a: 1d+t.'%.. 7 s.lr. •'.%r,,. .,rr. ., .1 - i � I}K1 � Y V.n } • Jf t r a ,4 ds •Y 3:} I a '`yayl-.a j-+ " �R {1 ���•1'F t'SS ":�1 ''.� ,:r ,`..., �- ti OF $;' -� 9_� � k a F S ELF, DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE CONTROL BOARD STEVE COWPER, 550 W. 7TH AVE ANCHORAGE, AL4SKA 99501-6698 June 2 a 1990 E18910� George & Ekaterint Pitsilionis ^� ' `'���� d/b/a Pizza Paradisos JUL 13,00 v P. 0. Box 2917 c Kenai, AK 99611 cl_ KENAI �`31 Dear Mr. & Mrs. Pitsilionis: �cs• Vic° Re: Application for designation as a restaurant for purposes of allowing underaged persons on licensed premises under AS O4.16.049. The Alcoholic Beverage Control Board took up consideration of your application for designation. Your application requested designation for the following purposes (items marked): XX 1. Persons 16 years of age and older may dine unaccompanied (AS O4.16.049(a)(2) XX 2. Persons under the age of 16 years may dine accompanied by a person 21 years of age or older (AS O4.16.049(a)(3) XX 3. Persons between 16 and 19 years of age may be employed (AS O4.16.049(c).NOTE: Under AS O4.16.049(d) a permit is not required to employ a person 19 and 20 years of age. The board took the following action: XX Approved item(s) requested. Denied item(s) for the following reasons: Denied all items requested for the following reasons: If you have any questions, please do not hesitate to contact our office. cc: Governing body -City of Kenai Sincerely, 1 \ W-\, Beth Nelson Records & Licensing Supervisor (907) 277-8638 04-D15LH U itit U is is 11 is cl C) cn m ID is 0 it O S C, S N 0 CO ID Go dJ is i it it N H C14 N a, d CN 00 it co Cl is it 41 it 00 is is is is is it is it it is U it it V) H W 7 it is is is it 0 is it F-I w V) H E- L) to F-4 �A �q �4 it 't , 11 it -. 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U V) I Suggested by: Planning do Gonlny CITY OF KENAI ORDINANCE NO. 1384-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 4.05 BY ADDING SECTIONS REGARDING THE BUILDING PERMIT APPLICATION AND FINAL INSPECTION REQUIREMENTS. WHEREAS, there has been an increasing number of building encroachments resulting from the improper location of structures on properties within the City of Kenai, and WHEREAS, such encroachments impose difficulties for the property owners and may adversely affect adjoining properties, and WHEREAS, the City of Kenai has no means of monitoring the placement of new construction on building lots, and WHEREAS, Kenai Advisory Planning Commission desires to prevent such encroachments from occurring in the first place, and WHEREAS, the proposed requirements for a plot plan, building, and as -built surveys are beneficial to the City as well as to the individual property owners. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: KMC 4.05.025 is added as follows: Application for Permit: Sect.ion_302 (b) of the Uniform Building Code as-_a_d__qpt�ed___by this_ chapter is amended by adding the following_ "As a requirement for obtaining a building permit for a new or enlarged structure the property owner is required to submit a site plan stamped by a state registered land surveyor which accurately shows by dimensions and to scale the location and outline of the proposed structure in relationship to the property lines, setbacks, and easements." Section 2: KMC 4.05.027 is added as follows: Permits Issuance: Section 303(c) Validity of Permit of the Uniform Building Code as adopted by the chapter is amended by adding the following: "It: is the property owner's responsibility to have the property corners physically located and marked by a state registered land surveyor and to make sure that the structure is accurately placed on the site as per the submitted site plan." Section 3: KMC 4.05.035 is added as follows: Inspections__: Section 305(e-5) of the Uniform Building Code as adopted by this chapter is amended by adding the following: "The Building Official shall require the submission of an as -built survey as performed by a state registered land surveyor prior to final inspection." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day of July, 1990.. JOHN WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk First Reading: July 11, 1990 Second Reading: July 18, 1990 Effective Date: August 18, 1990 (kv) 6/90 KENAI PLANNING & ZONING COMMISSION June 13, 1990 Page 2 5_ APPROVAL O F M= NU T E S May 23, 1990 MOTION: Commissioner McComsey moved approval of the minutes with corrections to: 4-a. Code KMC 14 21-85 to KMC 14.20.185 and Code KMC 14 23-21 to V KMC 14.20.321, and 4-b. "Addition of 14" " to "Addition of 14'", seconded by Commissioner Rehm. VOTE: Motion passed by Unanimous Consent 6 _ OLD BUS = NE S S None 7 _ NEW BUS = NE S S a. Ordinance Amending KMC 4.05 by adding sections regarding the Building Permit Application and final inspection requirements Howard Hackney said that he was concerned about Section 3: the second paragraph _which reads: "The Building Official shall require the submission of an as -built survey as performed by a state registered land surveyor prior to final inspection and ( issuing the certificate of occupancy." \, Mr. Hackney said it would hamper people who are building their own homes, they wouldn't get a final inspection and the code does not require a certificate of occupancy for a single dwelling. Commissioner Rehm asked if a single family dwelling currently requires a certificate of occupancy. Hackney replied no. Commissioner Bannock asked if that dwelling would get a final inspection. Hackney replied no. Commissioner Bannock proposed to cut that sentence short by inserting a period after "prior to the final inspection." MOTION: McComsey moved to approve Ordinance to send to Kenai City Council with amendment to insert period after "final inspection" and deleting "and issuing the certificate of occupancy.". Commissioner Bannock seconded. VOTE: Motion passed by roll call vote Commissioner Rehm asked if he might add one paragraph to that Ordinance to be inserted in Section 1. paragraph 2.,under "Obtaining a building permit": �� Suggested By: Planning & Zoning Com: CITY OF KENAI ORDINANCE NO. 1386-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL CITY OF KENAI ZONING MAP FOR LOTS FOUR AND FIVE BLOCK TWO VALHALLA HEIGHTS SUBDIVISION BY PRELIMINARY PLAT AND ALSO KNOWN AS K-1634. WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai, and WHEREAS, the Official City of Kenai Zoning Map depicts lands described as Lots Four and Five Block Two Valhalla Heights Subdivision according to preliminary plat and also known as K- 1634 as Residential (R) and WHEREAS, the City of Kenai desires to render the entire area one zone which would allow the existing Structure and include the proposed addition to the existing structure, and WHEREAS, the proposed zoning designation is General Commercial (CG) and, WHEREAS, the Kenai Planning & Zoning Commission held a public hearing on ,June 27, 1990 and as a result of that public hearing recommend approval of the proposed amendment to the General Commercial (CG) zoning designation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Subject properties of those lands depicted in Exhibit A described as Lots Four and Five Block Two Valhalla Heights Subdivision according to preliminary plat and also know as K-1634 are hereby amended to General Commercial (CG). Section 2. That the official zoning map of the City of Kenai be amended in accordance with this ordinance. -1- PASSED :BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of July, 1990. ATTEST: Carol L. Freas, City Clerk (6/29/90) leh JOHN J. WILLIAMS, MAYOR First Reading: Second Reading: Effective Date: -2- July 11, 1990 July 18, 1990 August 18, 1990 CITY OF KENAI ADVISORY PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 90-17 A RESOLUTION OF THE ADVISORY PLANNING & ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING (APPROVAL) (DENIAL) OF THE REQUESTED (REZONING) (LAND USE PLAN AMENDMENT) SUBMITTED BY Tim Wisniewski (Applicant) FOR Lots four and five block two Valhahalla Heights Subdivision (legal description) Filed under Plat K-1634 Kenai Recording District WHEREAS, the Commission finds -the following:.. 1. The subject property is currently zoned Residential 2. The present land use plan designation of the subject property is Residential 3. The proposed (ZONING DISTRICT) (LAND USE PLAN DESIGNATION) for the affected property is Commercial 4. An appropriate public hearing as required has been conducted by the Commission on June 27, 1990 5. That the following additional facts have been found to'exist: NOW, THEREFORE BE IT RESOLVED, by the Advisory Planning & Zoning Commission of the City of Kenai that the petitioned (REZONING) (LAND USE PLAN AMENDMENT) is hereby (RECOMMENDED) (NOT RECOMMENDED) to the Kenai City Council. PASSED by the Advisory Planning & Zoning Commission of the City of Kenai, Alaska, this 27thday of June lg 90 Choi man ATTEST:, 8/84 CITY OF KENAI REZONING APPLICATION DATE: JUNE 12,1990 1. PETITIONER: TIM WISNIEWSKI AND 2. ADDRESS: 5839 KENAI SPUR HWY KENAI,ALASKA 99611 3. PHONE: 283-3333 WRITTEN / SIGNATURES: 4. LEGAL DESCRIPTION: T.nTS FOUR AND FIVE BLOCK TWO VALHAHALLA HEIGHTS SUBDIVISION,PART TWO FILED UNDER PLAT K-1634 KENAI RECORDING DISTRICT 5. PRESENT ZONE: RESIDENTAL 6. PROPOSED ZONE: COMMERCIAL 7. INTENDED USE AND/OR REASON FOR REZONING: ADD GARAGE AND STORAGE FACILITY TO EXISTING FUNERAL HOME STRUCTURE B. REZONING CHECKLIST: a. map b. signatures C. deposit/advertising fee ($200) d. application form or letter r 1 `� 1 .1,n i( :'�r�`�-'S,7 F:i ti/t`KtiJ77� r`•i 7t xi.Z�.r^ ;'�.�iY 'yt.'.�'r,�yy"'i.�;'y '. ��17_r�� 1 r1-}�'�i;off ���r/„!'F }�y.�C�'tTit S;s �r �n -�ii. I� j ,.r,, y '^i',• �til. i Ysr'.+4�.%`•t i ')tl �. r� 1 '�' :i. '%�1f4n'�" - -'� �:u ��1 �'''f$ f i ��f'Al Y' � S•ay�r � ... •',. � v-�r+'t?�rP 1-1 �Y �. 1�) Z ',i'i �, l• .� . � � � � � .,.+�'^ 1 -,3� ti.� ..� !1. C � it � r'� �i,���yt,' n�i t� r 1rl 1. t a.• I. Y � r 'ruL 7. `N• �.: "ss,i �'�' .yb r J' � '� F �) �•�"r•: �" i .+ a .4 ✓ . � ., z.l � �'r ! n {y �Y r ''6 �i' a y �' �! 5 Itx � Jr ! l ✓-�. �}../K 1 ri l '1`. e.l ff'�'1 Q Y•�,.'�'7' ,�,�. ,�1� 4i tty{�,.� G1. -l- 5+� .Ap\ ir 7 � y A � F C� �1 p U o pA •�. C i R I SG IQr'A 1 i n M[Y s aoA I Oqj� /V O • r _ O +• �.� !.S::rlfi!4l'?:7Y7s�eCiii �it.�'�'lyY w' c a a • A `ck v It IA aJ (Pce � � CJ \ • V Srando.0 Dr Y N O Q N N r D _ LT ly. J 1791-1991 CITY OF KENAI „od 62djad� 4 4�ad� 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 PIMI..2C 1gCr=CE Notice is hereby given that a petition to rezone by amending the Official City of Kenai Zoning Map and Land Use Plan has been submitted by Tim Wisniewski. The land is described as Lots Four and Five, Block Two Valhahalla Heights Subdivision, Part Two Filed Under Plat K-1634, Kenai Recording District. The property is currently zoned Residential (R), a rezoning amendment to General Commercial (CG) is requested. Kenai Planning & Zoning Commission A Public Hearing on this petition to rezone/amend the Official City of Kenai Zoning Map and Land Use Plan will be held by the Kenai Planning & Zoning Commission on Wednesday, June 27, 1990 commencing at 7:00 p.m. in the City Hall Council Chambers, Kenai Alaska. Anyone wishing to present testimony concerning this matter should do so at this hearing or submit written comments to the City of Kenai, Planning Commission, 210 Fidalgo, Kenai, Alaska 99611 prior to June 27, 1990. Kenai City Council A Public Hearing on this petition will be held by the Kenai City Council on Wednesday, July 11, 1990 commencing at 7:00 p.m. in the City Hall Council Chambers, Kenai, Alaska. Anyone wishing to present testimony concerning this matter should do so at this hearing or submit written comments to the City of Kenai, City Clerk's Office, 210 Fidalgo, Kenai, Alaska 99611 prior to July 1.1, 1990. For information please call Kathy Viall or Jack La Shot at 283-7535. Kathy Vi.al.l Planning & Zoning Dept. 4 YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY _ /\:S H LEY June 30„ 1.990 GOVERNMENT RELATIONS AND PUBLIC AFFAIRS CONSULTANTS ti�2,22 23 2,Qp � �' r T ' r p ti 68t9 Mr. Bill Brighton, City Manager City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Dear Bill, Per our conversation, I am enclosing two (2) copies of a Letter of Agreement: to provide lobbying services for the City of Kenai. You will note that this agreement mirrors our last fiscal year agreement. I am looking forward to continuing my relationship with the City of Kenai. Should the Letter of Agreement meet your approval and is authorized by the City, please execute both copies and return one copy to me for my files. If you have any questions or wish to discuss this matter further, please do not hesitate to contact me. Sincerely, Z�7 Ashley K. Reed Enclosure elWWW 510 L Street • Suite 210 -Anchorage, Alaska 99501 (907) 279-5350 • FAX(907) 25R-3527 CONTRACT FOR LOBBYIST SERVICES ASHLEY REED & ASSOCIATES, INC. 510 L STREET, SUITE 210 ANCHORAGE, ALASKA 99501 MCI CITY OF KENAI 210 FIDALGO STREET KENAI, ALASKA 99611 THIS AGREEMENT, made and effective the 15th day of July, 1990, by and between ASHLEY REED & ASSOCIATES, INC. (hereinafter referred to as "CONSULTANT") and the CITY OF KENAI (hereinafter referred to as "CITY"). RECITALS A. CONSULTANT offers expertise and knowledge in the area of legislative and government relations; and, B. CONSULTANT desires to accept and engagement relative thereto from CITY upon the terms and conditions hereinafter set forth; and, C CITY desires to employ a full-time lobbyist on behalf of the CITY. NOW THEREFORE, in consideration of the recitals, promises and covenants contained herein, it is agreed by and between the parties as follows: 1. Duties and Term. CONSULTANT will provide legislative/administrative monitoring and lobbying services for CITY on matters and issues affecting local government, acting as an independent contractor and not as an employee, in accordance with such instructions as may from time to time and at any time be given by the City Council, by and through June 30, 1991. LOA, page 1 2. Compensation. CITY shall remunerate consultant for services in the sum of TWENTY-FOUR THOUSAND DOLLARS ($24,000) payable in the amount of SIX THOUSAND DOLLARS ($6,000) on the 30th day of September, 1990 and SIX THOUSAND DOLLARS ($6,000) each on December 31, 1990, March 31, 1991 and June 30, 1991, upon billing from CONSULTANT. Reasonable, necessary and normal expenses associated directly with the duties of the Agreement are the responsibility of the CONSULTANT. No claims for expenses are contemplated by this contract. However, should the City Council require CONSULTANT'S services outside of Alaska, on behalf of the CITY, reasonable, necessary and normal expenses associated directly with such request shall be reimbursed upon submission of appropriate receipts or documentation. 3. Notices. Until notified otherwise, all notices, invoices and communications shall be sent to the parties of the Agreement at the following address: "CONSULTANT" Ashley Reed, President ASHLEY REED & ASSOCIATES, INC. 510 L Street, Suite 210 Anchorage, Alaska 99501 Wm. J. Brighton, City Manager CITY OF KENAI 210 Fidalgo Street Kenai, Alaska 99611 4. Governing Law. This Agreement shall be interpreted in accordance with the laws of the State of Alaska. 5. Termination. This Agreement may be terminated by either party, upon TEN (10) DAYS written notice to the other party for any cause or reason whatsoever. This Agreement will automatically terminate upon CONSULTANT'S death. Upon termination of this Agreement, each of the parties shall be relieved of further liability hereunder except such that expressly survives the termination of this Agreement. 6. Disputes. Court venue for any dispute arising out of the Agreement shall be the Third Judicial District at Kenai, Alaska. LOA, page 2 7. Reports. CONSULTANT agrees to: (a) Keep the CITY informed of Legislative matters adversely affecting the City of Kenai by providing reports to the City Manager of the City of Kenai. (b) Notify the CITY immediately upon discovering a potential conflict of interest between interests of the CITY and interests of any clients for which CONSULTANT is then currently required to perform lobbyist services. (c) Within TWO (2) WEEKS of signing this contract, CONSULTANT is to provide the CITY with a list of all clients CONSULTANT is contracting with on the date this contract is signed. 8. Complete Agreement. This writing constitutes the complete Agreement of the parties on the subject matter hereof, and supersedes any oral agreements or understandings. This Agreement can only be modified by a writing executed by both parties hereto. ASHLEY REED & ASSOCIATES, INC. Ashley K. Reed President Date CITY OF KENAI Wm. J. Brighton, City Manager Date LOA, page 3 1791-1991 41-� CITY OF KE- "D�;l G'djadi l q 44zria" _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: Mayor John Williams and the Kenai City Council FROM: Kim Howard, Administrative Assistant,/�/ DATE: June 28, 1990 RE: Lot 1A, Deshka Subdivision Attached is a letter from Charles J. Crabaugh requesting a consent to assignment of the referenced property. Mr. & Mrs. Crabaugh are the lessees of the property that Olga's Jewelry is currently doing business. A copy of the assignment is also attached. It follows our standard form. This information was provided to the Legal Department on June 14. The Crabaugh's lease requires approval of the proposed lease transfer by the Kenai Planning Commission and final approval by the City Council. The Planning and Zoning Commission recommended agreement to the lease assignment. The Crabaugh's are current in their lease payments. Does the City Council agree to the assignment? If so, the Administration will prepare a Consent to Assignment for the City Manager's signature. cc: Mr.. & Mrs. Crabaugh /kh i f of n 10 F i da.1 Qc W i th the perm i - i can o ' he +_ i t..' _f Ken.. i Planning and Zon i nca Comm i ss i on , and the C i t -- Colinc i 1 , I i n tend to tra.nster m:;' _ i t ;: 1 e .y, s f rl L i_i t 1 i 1 C1 * '_• rl :.. 1J t I 1 '_ I i i rl t i i h'1 r' I ri A }' Mclr r i s . t"1r. Mc, rri i=_ F,re'_ent1 cper:-4.tin01r4D. s _Tev)eIr;%'Z..t t h i 1 oca.t i on, and i t i m;•' under•e.t -andi nc, th-at he u.ii 1 1 cant i n u e to �jo _.C?, The Dr oper't, 1 S presentl;:• zoned, Gener Commercia . PIe -a.=e firid D.ttached a s igned, notRriZed, f1=e•ignment o-f Lease Farm. _ ii ri,-ere i x you '__., ?4" �- C:har1 es J. Craba.ugh N M ASSIGNMENT OF LEASE Rv3E'�e.M T. d k#SAU641 /�iAJ D This assignment, entered into between lam' !9a Lrs' clk'4 M1 hereinafter referred to as the Assignor; and ,fib /l Zi/ S hereinafter referred to as the Assignee. Assignor does hereby assign and transfer all of his interest in the leasehold estate as evidenced by that certain Lease Agreement with the CITY OF KENAI as Lessor, recorded��2i%?D , /976 Book � at Page W, Kenai Recording District, and covering the following -described property: 4 of /"� ���Olivifio� To have and to hold the same from the date hereof, for and during all of the remainder yet to come of the term of said Lease Agreement. Assignee agrees to comply fully with all the terms and provisions of the Lease, and to hold the Assignor harmless from any liability arising thereunder. IN WITNESS WHEREOF, the said Assignor has hereunto set his hand and seal this 1,7�14- day of �QQ�,c_ 19. ASSIGNOR: By: Name i ASSIGNEE: Name _c TH1F'C' ;T!IC:'I C T =iL C': =7 C -- Zli 7• i = J +Q i i� �J �,[, Ster' r. t I�,• nie` t i I . t O rl L i I ! '� •�•1 -' 'I. J. • ILL�y i•� ? �i F� f rl Fi F r.._. [- ('� (' V '_j u L P . =. .�. t I _ t' .- �= t Q r' ;y' e v i de r; '- i C'rl a :t F'e _cr ed L,e+C,rme -:an-ac4,'nr,I::II edi]ed th u n +: •a r- a rl a u r' I Z e d o rl i i t h e r' e ! n Q i rls. r+amen o y `L Gu ! r tr r-mfn I '_ S• i O n e X. F' i e st STATE i iF riL_tySI':.ri ; SS Tr RCS J 1 1 Cy is l:' 1 A L C:' I ::= T F,,l --�-'Tl Th i i _ter + i y t!, *t n th i =_ 'lax + u„J? Ge i nib �tr r-son- 1 -= k'nc�l:'.1n free _i'' h.�,;?�( Firii use �•d.tlS•t.,[tiir}` evidenceC'+ iden ti+iC?.{:ior;ea.red be+or-e me nd ackn[i!':11edr_jed the v o I untar'and author i zed }Cecut i or, C'+ the for, egoi nQ h1:• mm i • a ! on Ex i r•Y s• STATE OF ALr+SKf:i IRD JUDICIAL DISTRICT Th i •_. i to ;_e t i + that on th i /f day Gt 1990 , �/7) ev �/ MORR.i S�, being persorjz: y knovin to i� i =� t ie Fi rie •}['�'�+ file an d s+.ck 1o',,i1 ad[�e tj the l e o r I •y. i n s •_. e l?nlllntar;: �.rt=+ ?.Uth'_'r'IZ� ei:: cutior, C't he ore�t'Jirla instrument. II f e.= a ,. !:c'mm i = _. i n E::<:p r'e= � July d. 1990 C30 31-123QS 1 s ti t'Lc-G X � r� 7, 6 0;0 9c�1 J` e / 25W Denali Street, Suite 1201 CliN P. 0. Box 92070 0, Anchorap, Aluka 99509.2070 �2Q2eel I a9�' (907) 276.2007 *+.+xxxwxwwwwxwxxwxwwwxww*xxxxxxrrxw A X T R A N 8 M! T T A l M 9 M O T0: ra OF 06pr. FAX a FROM 4 LeW PHONE; `rZQ6: % / CO• _ Cr—IqA FAX a: .2 7ti ?9/ hNdt'Arpnd 49 VAMIMIMM memo 7bTi 1is . >lia Howard Adstiuistrative Assistant City of Renai 216 Fidalso Ismai, At 99611 RR: The Leasehold Estate in Tract B, according to the plat of KZXkI TIDWAMDB gVV= *2, filed under Plat 089-2. in the Kenai Recording District, Third Judicial District, State of Alaska, as created by Lease dated January 24, 1989 executed by the City of Kenai, as Lessor to Marvin L. Dragseth and Royal Pacific Fisheries, Ile., as Lessee, recorded January 27, 1989 in Boole 341 at Page 16. Dear Ms. Howard: CYAS has been requested to provide its eonseat to the AssignnNat of Tenants' Interest in Lease, security Agrement and Leasehold Deed of Trust executed by Royal Pacific Fisheries, Inc., and Marvin L. Drageeth, as Tenants, on behalf of the United States of Amriea on the referenced leasehold estate. "VMS Assigmwot" . please be informed that CFAS provides its consent to the WS AssigIMent With the understanding that VWS Will pat off the loan which Royal Pacific Fisheries, Inc. and Marvin L. and Rosetta B. Dragsetb have with CFAB. If you have any questions, please call upon the undersigned. Vex truly yours, 4-4 L /to-P-4n Karl D. Barnard Vine 'President KD:lwoc cc! Royal Pacific Fisheries, Inc. 457V Alaska Commercial Fishing and Agriculture Bank 1791-1991 W-'7 CITY OF KENO f ea jai, 4 4iad� _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907-283-3014 MEMORANDUM TO: Mayor John Williams and the Kenai Cit Council FROM: Kim Howard, Administrative Assistant,/ DATE: July 6, 1990 RE: Marvin Dragseth and Royal Pacific Fisheries, Inc. Tract B, Kenai Tidelands Survey No. 2 Assignment of Lease for Security Purposes Mr. Dragseth has requested the City consent to the attached Assignment of Tenant's Interest in Lease, Security Agreement, and Leasehold Deed of Trust. This information was provided to the Legal Department on June 26. The lessee is current in his lease payments. Alaska Commercial Fishing and Agriculture Bank has a deed of trust on the leasehold. Pursuant to KMC 21.15.100 (c) they must provide us written consent to this assignment. At this time I have not received it. I will inform the Council at the meeting Wednesday whether written consent has been received. Does the City Council consent to the assignment? cc: Marvin Dragseth /kh ASSIGNMENT OF TENANT'S INTEREST IN LEASE, SECURITY AGREEMENT, AND LEASEHOLD DEED OF TRUST This Assignment of Tenant's Interest in Lease, Security Agreement, and Leasehold Deed of Trust shall be referred to as "this Assignment." Royal Pacific Fisheries, Inc. and Marvin L. Dragseth, individually are the Tenants and The City of Kenai, Alaska is the Landlord under that certain Lease of Tidelands, dated January 24, 1989 and recorded in Book 341, Pages 016-041, in the Kenai Recording District, Third Judicial District, State of Alaska (the "Lease"), covering property described as: PARCEL IV The Leasehold Estate in Tract B, according to the plat of KENAI TIDELANDS SURVEY #2, filed under Plat #89-2, in the Kenai Recording District, Third Judicial District, State of Alaska, as created by Lease dated January 24, 1989 executed by the City of Kenai, as Lessor to Marvin L. Dragseth and Royal Pacific Fisheries, Inc., as Lessee, recorded January 27, 1989 in Book 341 at Page 16. This instrument also constitutes a Leasehold Deed of Trust between Royal Pacific Fisheries, Inc., as Grantor, whose address is P.O. Box 4609, Kenai, AK 99611, and Transalaska Title Insurance Agency, Inc., 130 as Trustee, whose address is Trading Bay Road - Suite 390, Kenai, Alaska 99611, and the United States of America, as Beneficiary, whose address is c/o Chief, Financial Services Division, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, 1335 East-West Highway, Silver Spring, MD 20910, with respect to the Leased Premises and the leasehold therein created by the Lease. Tenant agrees with the UNITED STATES OF AMERICA ("Assignee") represented by the Secretary of Commerce acting by and through the Chief, Financial Services Division, National Marine Fisheries Service, National Oceanic and Atmospheric Administration (the "Secretary") as follows: 1. OBLIGATIONS SECURED. The term "Obligations" shall mean (a) all sums evidenced by the Note of the Tenant to the Assignee dated _ (the "Note") and the obligations of the Tenant to perform or comply with or cause compliance with the covenants, agreements and conditions set forth in or arising by virtue of the Note of the Security Agreement between Tenant and the Assignee dated (the "Security Agreement"), or both, and all sums which Tenant is or may be obligated to pay by virtue thereof, and (b) all other debts and obligations of the Tenant to the Assignee which now exist or arise in the future related to the financing transaction giving rise to the signing of this Assignment. The maturity date of the Obligations secured by this Assignment shall be 1 2. ASSIGNMENT OF LEASE. To secure performance of the Obligations, Tenant hereby assigns to the Assignee all of its present and after - acquired interest of any kind in the Lease and the Leased Premises, including any renewals or extensions of the Lease. Until default, Tenant shall retain possession of the Leased Premises and shall perform all of Tenant's obligations under the Lease, but the Assignee shall have the following rights without default. 2.1 Legal Proceedings. The Assignee may participate at its option in all legal proceedings, including but not limited to arbitration or condemnation proceedings, affecting or pertaining to the Lease or the Leased Premises. The Assignee may take any action in such proceeding that the Assignee deems appropriate to protect its interests in the Leased Premises. Such actions shall be binding on Tenant and may include but are not limited to defending or compromising any such proceeding. 2.2 Option Rights. The Assignee is hereby granted without limitation any option that Tenant may have to extend the term of the Lease, to lease additional premises from the Landlord, and to exercise a right of first refusal on any additional premises. The Assignee may, at its option, exercise any such option or right of first refusal in the event that Tenant fails to do so and if in the judgment of the Assignee exercise of such option or right of first refusal is necessary to protect its interest. 3. SECURITY INTEREST. To secure the performance of the Obligations, Tenant hereby grants to the Assignee a security interest in the following -described property of Tenant now or hereafter situated in or upon the Leased Premises now owned or hereafter acquired: (a) All interest which Tenant has or may acquire in, to or by virtue of the Lease and in the Leased Premises; (b) All equipment, including but not limited to all office machines, trade fixtures, and leasehold improvements which would be classified as equipment; (c) All fixtures, including but not limited to all trade fixtures and leasehold improvements which would be classified as fixtures; (d) All chattel paper; (e) All general intangibles; (f) All deposits and other money now or hereafter owed by Landlord to Tenant; 2 (g) All insurance policies and claims under these policies relating to the use and operation of the Leased Premises; (h) All condemnation claims relating to the Leased Premises; and (i) All proceeds of each of the foregoing. All the property described in this Paragraph 3 shall be generally referred to as the "Collateral". Tenant will sign any additional documents necessary to effectuate this Paragraph 3 or to perfect the Assignee's security interest in the Collateral. 4. WARRANTY OF TITLE ON LEASE AND COLLATERAL. Tenant has delivered to the Assignee a true copy of the Lease. Tenant warrants that the Lease is a valid Lease and that Tenant presently holds the Tenant's interest under the Lease free of adverse claims, encumbrances, liens, assignments, subleases, and charges of any type whatsoever other than this Assignment and those approved in writing by the Assignee. Tenant further warrants that Tenant owns the Collateral and that it is free and clear of all security interests and encumbrances of every nature other than this Assignment and those approved in writing by the Assignee. 5. CHANGES IN LEASE. Tenant will not terminate, modify, amend, or otherwise change the Lease or surrender the Leased Premises without the prior written consent of the Assignee. 6. PERFORMANCE OF LEASE. Tenant will fully comply with all the terms, conditions, and provisions of the Lease so that it will not become in default and will do all that is needed to preserve the Lease in full force and effect. 7. NOTICES SERVED BY LANDLORD. Tenant will furnish to the Assignee within five business days all notices served by Landlord to Tenant under the Lease. 8. NOTICES TO TENANT AND TO ASSIGNEE. All notices to the Assignee pursuant to this Assignment shall be addressed as follows: Chief, Financial Services Division (F/TS1) National Marine Fisheries Service National Oceanic and Atmospheric Administration 1335 East-West Highway Silver Spring, MD 20910 3 All notices to the Tenant pursuant to this Assignment shall be addressed as follows: Royal Pacific Fisheries, Inc. P.O. Box 4609 Kenai, AK 99611 Attn: Marvin L. Dragseth, President Notice may be given by delivery during business hours to a person at the addressee's office authorized to receive messages and communications or by mailing the notice to the addressee by first class mail, postage prepaid, registered or certified, with return receipt requested. A notice so mailed shall be deemed given on the seventh business day following the date of mailing if mailed in any of the United States, and otherwise shall be deemed given on the date of receipt by the addressee. A "business day" shall mean any day which is not a Saturday or Sunday or Federal holiday or postal holiday. A receptionist at addressee's office during normal business hours shall be deemed a person authorized to receive messages and communications. A party may change the address for giving notices to such party by giving written notice of such change in the manner provided herein for the giving of notices. The change of address shall be effective from and after the date that the notice of change is deemed given under this section. 9. LIENS, ENCUMBRANCES, AND ASSIGNMENTS. Tenant will keep the Collateral, the leasehold estate, and the Leased Premises free of any lien or encumbrance which may be or become superior of any security interest of Assignee. Tenant will not make any further assignments or subleases under the Lease without first obtaining the written consent of the Assignee. Tenant will not, without prior written consent of the Assignee, sell, lease, assign, or encumber the Collateral or remove the Collateral from the state where Tenant's principal place of business is located. 10. CARE OF COLLATERAL AND INSURANCE. Tenant will take all actions necessary to keep all tangible Collateral in good repair and good merchantable and saleable condition. Tenant will keep the Collateral continuously insured by an insurer approved by the Assignee against fire, theft, and any other hazards designated at any time by the Assignee, in an amount equal to the full insurable value of the tangible Collateral. Further, except as provided in the following sentence, the insurance shall be in a form satisfactory to the Assignee and shall contain a loss -payable clause solely in favor of the Assignee. Tenant shall deliver to the Assignee the policies of insurance and receipts showing payment of premiums. Each such policy shall provide that it may not be cancelled without first giving the Assignee a minimum of twenty (20) days' written notice and an opportunity to reinstate or cure any default. In the event of loss, the Assignee shall have full power to collect all insurance upon the Collateral and to apply the same at its option to any of the Obligations, C! whether or not matured, or to the restoration or repair of the Collateral. The Assignee shall have no liability whatsoever for any loss that may occur by reason of the omission or lack of coverage of any such insurance. 11. TAXES. Tenant will pay before delinquency any tax, assessment, or governmental charge which is or may become a lien upon the Collateral or which may impair the Assignee's security interest in the Collateral or its opportunity to realize thereon. Tenant will pay any tax which may be levied on any of the Obligations or this Assignment. 12. THE ASSIGNEE'S RIGHT TO INSPECT. The Assignee or its designee may inspect the Leased Premises, all tangible Collateral, and Tenant's books and records at any reasonable times and intervals and, for this purpose, shall have access to Tenant's place of business and its records. 13. CONDEMNATION. In the event of a condemnation, all sums payable to Tenant under the terms of the Lease shall be paid directly to the Assignee to be applied against the balance of the Obligations. Any excess shall be paid by the Assignee to Tenant. 14. LIMITATION ON THE ASSIGNEE'S AND THE SECRETARY'S LIABILITY . The Assignee and the Secretary shall not be obligated to perform or discharge any obligation, duty, or liability under the Lease or to enforce any obligation of Landlord under the Lease. Such assumption may be created only by a writing signed by the Assignee and may not arise in any way by implication, oral agreement or course of conduct. 15. EXPENSES. The Assignee is not required to but may at its option take any of the following actions: (a) secure any insurance required by this Assignment; (b) pay any tax, filing or recording fee, or other charges payable by Tenant under this Assignment; (c) make any payment due under the Lease or perform any term or covenant required of Tenant by the Lease where Tenant has failed to so pay or perform; (d) take any action reasonably necessary to keep the tangible Collateral in good repair and good merchantable and saleable condition; (e) take any other action required of Tenant by this Assignment where Tenant has failed to so perform; and (f) perform inventories, inspections, audits, reconciliations, or other examination or confirmation actions with respect to the Collateral. The Assignee shall not be deemed to have assumed any obligations under the Lease by reason of making any payment or performing any term or covenant under the Lease except to the extent that the Assignee may expressly assume any such obligation in writing. Tenant shall pay on demand all of the Assignee's costs and expenses, including reasonable attorneys' fees whether or not suit is instituted, in taking any of these actions. All sums which Tenant shall owe the Assignee pursuant to this paragraph shall bear interest at the higher of the Regular Rate provided in the Note or at the rate of eighteen percent (18%) per annum from date of disbursement by the Assignee until paid. These sums and interest shall be secured hereby. 5 16. LEASEHOLD DEED OF TRUST. Tenant hereby irrevocably grants, bargains, sells, and conveys all its interest in and to the Leased Premises to the Assignee, as Trustee and Beneficiary, with the power of sale, together with all interest and estate in the Leased Premises that Tenant may hereafter acquire and together with the rents, issues, and profits therefrom, all waters and water rights, however evidenced or manifested, and all appurtenances, fixtures, attachments, tenements, and hereditaments now or hereafter belonging or appertaining to the Leased Premises. The Leased Premises is not used principally or primarily for agricultural or farming purposes. 17. EVENTS OF DEFAULT. Time is of the essence in this Assignment, and the occurrence of one or more of the following events shall be considered an event of default: 17.1 Any failure of Tenant to pay when due the full amount of any amount due under the Lease; or 17.2 Any failure of Tenant to perform as required by any covenant or agreement set forth in the Lease or in this Assignment; or 17.3 The occurrence and continuance of an event of default under the Security Agreement referred to in Section 1 hereof. 18. REMEDIES. In the event of default, the Assignee shall have all remedies provided by law, and, without limiting those remedies, the Assignee, at its option, shall be entitled as follows: 18.1 Tenant agrees to immediately place the Assignee in possession of the Leased Premises and surrender to the Assignee all of Tenant's rights in the Lease and Leased Premises and all keys to the Leased Premises. Tenant further agrees that the Assignee shall be entitled to the same remedies afforded a landlord under Alaska statutes, including the unlawful detainer statute, to obtain possession of the Leased Premises; and 18.2 Tenant agrees to put the Assignee in possession of the Collateral upon demand; and 18.3 The Assignee is authorized to enter any premises where the Collateral or records thereof are situated and to take possession of the Collateral and records without notice or demand and without legal proceedings and to realize on the Collateral; and 18.4 At the request of the Assignee, Tenant will assemble the Collateral and records concerning the Collateral and make them available to the Assignee at a place designated by the Assignee which is reasonably convenient to both parties, and the Assignee may sell all or part of the Collateral; and 0 18.5 Tenant agrees to pay on demand the amount of all costs and expenses reasonably incurred by the Assignee in (a) protecting or realizing on the Collateral, (b) collecting any Obligation secured herein (c) protecting or defending the priority of the Assignee's interest, and (d) otherwise enforcing or defending the Assignee's rights under this Assignment. These costs and expenses include reasonable attorneys' fees, whether or not suit is instituted. The sums agreed to be paid in this subparagraph shall bear interest at the higher of the Regular Rate provided in the Note or at the rate of eighteen percent (18%) per annum from the date expended until paid. These sums and interest shall be secured hereby; and 18.6 Tenant agrees that a period of ten (10) days from the time notice is sent to Tenant shall be a reasonable period of notification of a sale or other disposition of Collateral by or for the Assignee; and 18.7 The Assignee shall be entitled to apply for and obtain the appointment of a receiver of Tenant's business, properties, and interests, or any thereof, the net proceeds of such receivership after the expenses thereof to be applied to the Obligations; and 18.8 Tenant agrees to pay to the Assignee any deficiency remaining after realization by the Assignee on the Collateral; and 18.9 Upon the written request of the Assignee, the trustee as specified in Paragraph 16 shall sell the Leased Premises in accordance with the Deed of Trust Act of the State of Alaska or the Assignee may at its option foreclose the Deed of Trust provided by Paragraph 16 as a mortgage; and 18.10 The Collateral and Leased Premises may be sold pursuant to this paragraph in one parcel. 19. INTERPRETATION. This Assignment shall be interpreted and construed in accordance with the laws of the State of Alaska. Paragraph headings in this Assignment are included for convenience only and shall not be considered for any purpose in construing or interpreting the terms of this Assignment. Concurrent with the signing of this Assignment, Tenant may also sign additional security agreements in favor of the Assignee as secured party. In the event of any inconsistency between this Assignment and any other security agreement, this Assignment shall control. 20. SEVERABILITY. If any provision of this Assignment is found to be invalid or unenforceable under the laws of the States of Alaska and Washington, such invalidity or unenforceability shall not invalidate any other provision of this Assignment. Rather, this Assignment shall be construed as if it did not contain the particular provision or provisions held to be invalid or unenforceable. 21. WAIVERS. This Assignment shall not be qualified or supplemented by course of dealing. No waiver or modification by the Assignee 7 of any of the terms or conditions of this Assignment shall be effective unless in writing signed by the Assignee. No waiver or indulgence by the Assignee of any required performance by Tenant or of any of the Assignee's rights under this Assignment shall constitute a waiver of any subsequent required performance by Tenant or right of the Assignee under this Assignment. 22. SUCCESSORS AND ASSIGNS. This Assignment shall be binding upon Tenant's successors and assigns. 23. TENANT'S PERMISSION TO LANDLORD permission for Landlord to sign the following "Consent an Landlord" and agrees to any modification of Tenant's rights which results from the signing of the consent. Tenant gives d Agreement of under the Lease IN WITNESS WHEREOF, the undersigned has executed and authorized the delivery of this Assignment as of the day of _ TENANT: Roya Pacific Fisheries Inc. By. iG-�--- Marvin L. Dragseth, PreWent ent ATTEST By Tittle: STATE OF ALASKA ss. certify that I know or have satisfactory evidence that Marvin L. Dragseth signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the President of Royal Pacific Fisheries. Inc. to be the free and voluntary act of such party for the uses and purpose mentioned in the instrument. Dated:�LUtiE (Seal) GG S'g ture of Not ry Public At),1�1,c� J44 Title: // My Appointment Expires 1-29-%4- is STATE OF ALASKA �Rj 4Mai�nh�Dragse , Individ Ily certify that I know or have satisfactory evidence that Marvin L. Dragseth signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Dated 3-11n 4!�- o?lv� l'cJgC� Signature of Notary Public SEAL (� Title �� �I J Am,) �1012�1.aSl!t- My appointment expires f-Z-9 �`1 CONSENT AND AGREEMENT OF LANDLORD The undersigned Landlord under the Lease hereby consents to the foregoing Assignment and acknowledges that the Assignee, pursuant to Title XI of the Merchant Marine Act, 1936, as amended, will be guaranteeing the payment of sums to be evidenced by a promissory note (the "Guaranteed Note") to be made and given by Tenant to Allison Williams Company ("Lender") with respect to a loan from Lender to Tenant (the "Guarantee") in reliance upon this Consent and Agreement of Landlord. Therefore, to induce the Assignee to guarantee such loan, Landlord represents and agrees as follows: 1. STATUS OF LEASE. The Lease is presently in full force and effect, sets forth the entire understanding of the parties with respect to the Leased Premises, replaces any prior agreements or leases, is valid and enforceable by its terms, and has not been modified or amended. Tenant is not in default (a) in the payment of rent or any other amount under the Lease, or (b) to the knowledge of Landlord, in the observance or performance of any other covenant or condition to be observed or performed by Tenant under the Lease. To the knowledge of Landlord, no event has occurred which now or will hereafter authorize Landlord to terminate the Lease. There are no liens or encumbrances against the Property senior or prior to the Lease except as approved in writing by Assignee. Landlord acknowledges that all conditions to the extension of Lease term have been complied with and that the termination date of the Lease is June 30, 2043. 10 2. All notices to the Assignee pursuant to this Agreement shall be addressed as follows: Chief, Financial Services Division (FITS1) National Marine Fisheries Service National Oceanic and Atmospheric Administration 1335 East-West Highway Silver Spring, MD 20910 All notices to the Landlord pursuant to the Agreement shall be addressed as follows: The City of Kenai 210 Fidalgo Street Kenai, AK 99611 A copy of all notices pursuant to this Agreement shall be sent to the Tenant addressed as follows: Royal Pacific Fisheries, Inc. P.O. Box 4609 Kenai, AK 99611 Notice may be given either (1) by delivery during business hours to a person at the addressee's office authorized to receive messages and communications or (2) by mailing the notice to the addressee by first class mail, postage prepaid, registered or certified, with return receipt requested. A notice so mailed shall be deemed given on the seventh business day following the date of mailing if mailed in any of the United States, and otherwise shall be deemed given on the date of receipt by the addressee. A "business day" shall mean any day which is not a Saturday or Sunday or Federal holiday or postal holiday. A receptionist at addressee's office during normal business hours shall be deemed a person authorized to receive messages and communications. A party may change the address for giving notices to such party by giving written notice of such change in the manner provided herein for the giving of notices. The change of address shall be effective from and after the date that the notice of change is deemed given under this section. 3. INSURANCE AND CONDEMNATION. Any insurance proceeds payable to Tenant under the terms of the Lease and any insurance policy related thereto shall be paid directly to the Assignee to be applied against the balance of the Obligations. In the event of a condemnation, all sums payable to Tenant under the terms of the Lease shall be paid directly to the Assignee to be 11 applied against the balance of the Obligations. Any excess insurance or condemnation proceeds shall be paid by the Assignee to Tenant. 4. NOTICE OF DEFAULT AND ASSIGNEE'S RIGHTS. 4.1 Notice of Default. If Tenant defaults under the Lease or if any event occurs which would give Landlord the right to terminate, modify, amend, or shorten the terms of the Lease, Landlord shall take no steps to exercise any right it may have under the Lease without first giving the Assignee written notice of its intention to take such action. Such notice of intention shall specify the event or events of default then outstanding, including without limitation, the amounts and types of unpaid rent. In addition to the method of notice required by Section 2 hereof, the Landlord shall send a copy of such notice of default to the Assignee by telegram to the address set forth in Section 2. 4.2 Opportunity to Cure. The Assignee shall have a period of not less than (a) sixty (60) days after the date of receipt of Landlord's notice given under Section 4.1 to cure defaults in the payment of rent specified in such notice, and (b) sixty (60) days after the date of receipt of notice to cure all other defaults specified in the notice. 4.3 Right to Realize on Security Interest. If the Assignee fails to cure the specified defaults within the applicable period specified in Section 4.2, then Landlord shall take no action if (a) the Assignee within such period of time notifies Landlord of its intent to realize upon its security interest, (b) commences within twenty (20) days thereafter and diligently pursues realization, and (c) undertakes in writing to pay or cause to be paid all of the then unpaid rent within ten (10) days following the date of the notice given by the Assignee under clause (a). The appointment of a receiver at the request of the Assignee or any other action to realize upon the Assignee's security interest shall not be deemed to be a default by Tenant under the terms of the Lease, and Landlord shall not be entitled to any remedy as a result of such action so long as the Assignee is proceeding with due diligence to realize upon its security interest in the Leased Premises and the Lease. 4.4 Right to Assume Lease. If as a result of the exercise by the Assignee of any rights or remedies, the rights of Tenant under the Lease, including the leasehold estate, shall be sold, assigned, transferred and conveyed, or shall be assigned, transferred and conveyed in lieu of foreclosure, the person to whom such rights shall be so conveyed may assume the position of Tenant under the Lease provided, that, if such person be someone other than the Assignee, such person execute an instrument in writing containing covenants, agreements and assumptions of terms provided for in Section 4.5 hereof. The Assignee shall have no obligation to cure any defaults or otherwise perform any obligations of Tenant unless the Assignee specifically assumes the Lease in writing. Upon assuming the Lease, the Assignee shall be required to 12 perform all obligations of Tenant under the Lease and to bring current payment of all rents which are delinquent as of the date of the Assignee's assumption. 4.5 Right to Assign. The Assignee shall also have the right to assign its interest under the Lease to any party who covenants and agrees in writing to pay total annual rents for the remainder of the lease term, equal to or greater than the highest total annual rents theretofore paid by Tenant without obtaining the consent and approval of Landlord . Upon the assignee assuming and agreeing to perform and to be bound by all of the terms of the Lease, the Assignee shall be relieved of further liability under the Lease. The Assignee shall not, however, have the right to assign said interest to Tenant or its successors or assigns. 4.6 Right to New Lease. If the Lease is terminated for any reason prior to its stated expiration date and prior to its being assigned by the Assignee, Landlord will give notice of such termination to the Assignee, and Landlord will enter a new Lease of the Leased Premises with the Assignee, or its nominee, for the remainder of the term, effective as of the date of such termination, at the net rent and additional rent and upon the covenants and agreements, terms, provisions, and limitations in the Lease, provided the Assignee makes written request upon Landlord for such new Lease (a) within thirty (30) days after the date of receipt of such notice of termination if a sixty (60) day notice was given to Assignee regarding the default occasioning such notice of termination, and (b) otherwise within sixty (60) days after receipt of such notice of termination. Simultaneously with the making of such new Lease, the party obtaining such new Lease and all other parties junior in priority of interest in the Leased Premises shall sign new documents and make payments that are necessary and appropriate to restore, as nearly as reasonably possible, all parties to the status they had prior to termination of the Lease. In case of any dispute or disagreement among any of the parties as to the applicability, meaning, or manner of implementation of the provisions of the preceding sentence, such dispute or disagreement shall be settled by arbitration as set forth in the Lease or, if not provided for in the Lease, then, by arbitration under the rules of the American Arbitration Association. Landlord will cooperate in the prosecuting of summary proceedings to evict Tenant if Tenant is in default and the Assignee has requested the execution of a new Lease. In the event a new Lease is executed with a third party who grants the Assignee a security interest in the new Lease, Landlord will execute a new Consent and Agreement of Landlord in substantially the same form as this document, when requested to do so by the Assignee. 5. REMOVAL OF COLLATERAL. Landlord agrees that the Assignee may remove from the Leased Premises at any reasonable time any of the Collateral and that such Collateral shall remain personal property (rather than fixtures or real property) even though it may be affixed to or placed upon the Leased Premises. Landlord waives any right, title, claim, lien, or interest in the Collateral by reason of its being attached to or resting on the Leased Premises. The Assignee will not be liable for the condition of the Leased 13 Premises after removal so long as such removal is effected without damage to permanent structures which are owned by the Landlord, or, if such damage does occur to such permanent structures, such damage has been repaired by the Assignee. 6. CHANGES IN LEASE. Landlord will not modify, amend or otherwise change the Lease without the Tenant first having obtained the written consent of the Assignee as provided in Section 5 of the foregoing Assignment. 7. INTERPRETATION OF AGREEMENT. This agreement sets forth the complete understanding of the Assignee and Landlord with respect to this transaction, may be amended only in writing signed by the party against whom it is sought to be enforced, and, without limiting the generality of the foregoing, shall not be deemed modified by any course of dealing. Paragraph headings are included for convenience only and shall not be considered for any purpose in construing or interpreting the terms of this agreement. In the event of any conflict between the terms of this agreement and the Lease, this agreement shall control. IN WITNESS WHEREOF, the undersigned have executed and authorized the delivery of this Agreement as of the day of LANDLORD The City of Kenai ASSIGNEE UNITED STATES OF AMERICA Secretary of Commerce National Oceanic and Atmospheric Administration By National Marine Chief, Financial Fisheries Service Services Branch 1111111511 STATE OF ALASKA ss. certify that I know or have satisfactory evidence that signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of the City of Kenai, Alaska, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. (Seal) STATE OF WASHINGTON COUNTY OF KING Dated _ Signature of Notary Public Title My appointment Expires ss. I certify that I know or have satisfactory evidence that Steve Colton signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Chief. Financial Services Branch of National Marine Fisheries Service. Northwest Region to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated (Seal) Signature of Notary Public Title 15 EXHIBIT A PARCEL IV The Leasehold Estate in Tract B, according to the plat of KENAI TIDELANDS SURVEY #2, filed under Plat #89-2, in the Kenai Recording District, Third Judicial District, State of Alaska, as created by Lease dated January 24, 1989 executed by the City of Kenai, as Lessor to Marvin Dragseth and Royal Pacific Fisheries, Inc., as Lessee, recorded January 27, 1989 in Book 341 at Page 16. 16 1791-1991 H 7 CITY OF UK- G'djealil 4 4icutoi6„ _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 TO: Mayor John Williams and the Kenai City ounci.l FROM: Kim Howard, Administrative Assistant DATE: July 6, 1990 RE: Blue Mountain Ventures, Inc. Lots 7 & 8, Block 1, F.B.O. Subdivision Assignment of Lease for Security Purposes Attached is a letter from Blue Mountain Ventures requesting a consent to assignment for security purposes. Also attached are copies of the Lessor's Consent to Assignment of Lease and Memorandum of Lease. This information was provided to the Legal Department on July 5. In addition, I have attached a map of the property. Blue Mountain Ventures, Inc.'s quarterly lease payment was due July 1 and has not been made at this time. However, I spoke to Richard Kochanuski of Blue Mountain Ventures, Inc. by telephone today and he stated the payment was sent July 5. I will update the Council at the July 11 meeting on whether the payment has been received. Does the Citv Council consent to the assigmment? cc: Blue Mountain Ventures, Inc. /kh v� D BLUE MOUNTAIN VENTURES INC. P.O. Box 92890 99509 d a 4891--44-48-TH A FEN61E7ANCHORAGE, ALASKA 99583 • (99-�7223� �9LD 67 81 LL9N�� City of Kenai 210 Fidalgo Kenai, AK AT'IN: Kim Howard Dear Kim, I am writing to request a notorized signature from you for the endorsed loan documents. We are getting the loan for tenant improvement work that we will be doing this summer. Sincere y, , Edward M. Brown President EB/wln LESSOR'S CONSENT TO ASSIGNMENT OF LEASE The Lessor, in that certain Lease dated June 5. 1980 , by and between City of Kenai __ , as Lessor, and Edward M Brown , as Lessee, concerning certain business premises located at Kenai, Alaska legally described as LOTS SEVEN (7) AND EIGHT (8), BLOCK ONE (1), ACCORDING TO THE PLAT OF FBO SUBDIVISION FILED UNDER PT AT NO. 78-275 IN THE KFNAT RECORDING DISTRICT THIRD JUDICIAL DISTRICT. STATE OF AT.ASKA_ hereby consents to the Assignment by said Lessee of all its right, title and interest in and to said Lease to the National Bank of ,Alaska as partial security for a loan made to said Lessee, and to any reassignment by National Bank of Alaska, in the event of default under the subject: Lease or under the Note or other instruments of hypothecation evidencing said loan by said Lessee; provided, however, that so long as the National Bank of Alaska has not entered into possession of the premises covered by said Lease for the purpose of operating a business, it shall not be liable for rent or any other obligations of said Lessee, and said Lessee shall remain liable for rent and all such other obligations, and in the event of any default under subject Lease, said Lessor hereby agrees not to terminate the Lease or take any action to enforce any claim with respect thereto without giving National Bank of Alaska at least sixty (60) days prior written notice thereof, and the right to cure such default within said period. Lessor hereby waives his right of distraint against goods and property pledged as security on Bank Loan. \ Dated this 28th day of June , 1990 CITY OF KENAI r r STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 19 , before me, the undersigned, a Notary Public in an or the State of Alaska, duly commissioned and sworn as such, personally appeared known to me to be the person(s) named in and who executed the within and foregoing instrument, and acknowledged to me that (he) (she) (they) signed the same freely and voluntarily for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first hereinabove written. Notary Public for the State of Alaska My commission expires:_ STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 19 before me, the undersigned, a Notary Public in and or the State of Alaska, duly commissioned and sworn as such, personally appeared known to me to be the of a corporation named above, an known to me to a the person named in and who executed the within and foregoing instrument, for and on behalf of said corporation by authority duly vested in (him) (her), and (he) (she) acknowledged to me that (he) (she) signed the: same freely and volulntarily for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first hereinabove written. Notary Public for the State of Alaska My commission expires: \ STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of' 19_ before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared known to me to be the of t e-National Bank of Alaska, a national banking association, and known to me to be the person named in and who executed the within and foregoing instrument, for and on behalf of said association by authority of its board of directors, and (he) (she) acknowledged to me that (he) (she) signed the same freely and voluntarily for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first hereinabove written. Notary Public for the State of A aska My commission expires: G:CL125 M E M O R A N D U M O F L E A S E THIS MEMORANDUM OF LEASE, dated as of the 28th day of June 19 90 , is between City of Kenai (herein called "Lessor") and _Edward M Brown and Blue Mountain Ventures Inc , (herein called "Lessee"). 1. PREMISES: Lessor hereby leases to Lessee, upon the terms and conditions of that certain Lease between the parties dated __June 5. , 19 80 (herein called "Lease"), the terms and conditions of which are incorporated herein by this reference, that certain building improvement, situated in the State of Alaska, legally described as follows: LOTS SEVEN (7) AND EIGHT (8), BLOCK ONE (1), ACCORDING 'TO THE PLAT OF FBO SUBDIVISION, FILED UNDER PLAT NO. 78-225, IN THE KENAI RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA. 2. TERMS: The Lease shall be for a term of 49 years commencing \ _,,nP 5 , 19_.0 , without extension or renewal.. $. PURPOSE OF MEMORANDUM OF LEASE: This Memorandum of Lease is prepared for the purpose of recordation and it in no way modifies the Lease. Dated: June 28, 1990 i _�14� Edward.M rown, President LESSOR: City of Kenai LESSEE: Edward M Brown and Blue Mountain Ventures Inc Edward M Brown, Individually STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this 28th day 19 90, before me, the undersigned, a Notary Public the State of Alaska, duly commissioned and sworn personally appeared Edward M Brown Of June in and for as such, known to me to be the person(s) named in and who executed the within and foregoing instrument, and acknowledged to me that (he) (she) (they) signed the same freely and voluntarily for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first hereinabove written. Notary Public for the State of A asca My commission expires:_ STATE OF ALASKA ) ss, THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this 28th day of June 192g, before me, the undersigned, a Notary Public in an or the State of Alaska, duly commissioned and sworn as such, personally appeared Edward M Brown and Richard F Kochanuski known to me to be the President and Secretary of Blue Mountain c , a corporation named above, and nown toI me to be the person named in and who executed the within and foregoing instrument, for and on behalf of said corporation by authority duly vested in (him) (her), and (he) (she) acknowledged to me that (he) (she) signed the same freely and volulntarily for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my :hand and seal the day and year first hereinabove written. Notary Public for the State of Alaska My commission expires:_ \ STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 19 , before me, the undersigned, a Notary Public ir. and for the State of Alaska, duly commissioned and sworn as such, personally appeared known to me to be the of the National Bank of Alaska, a national banking association, and known to me to be the person named in and who executed the within and foregoing instrument, for and on behalf of said association by authority of its board of directors, and (he) (she) acknowledged to me that (he) (she) signed the same freely and voluntarily for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first hereinabove written. Notary Public for the State of Alaska My commission expires: G:CL125 a 1 Y P C �-r d cr 7 of oc •',/� k I 1 ` / P ?`� ti R m` T < V C / t � i� fti \Q Qti ` b 05 tl4 \ � � J � Q h 1791-1991- CITY OF KEN Caoja" 4 41a�� 1 1 _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: Mayor John J. Williams and Kenai City Council FROM: Kim Howard, Administrative Assistantve DATE: June 27, 1990 RE: Shore Fishery Leases We have received the attached request to lease tidelands from Ed Garnett. (Exhibit "A") The requested area is just north of the shore fishery leases that the State transferred to the City in 1977. Ten year leases were renewed in 1986. Attached is a copy of the Shore Fishery Plat showing the current shore fishery leased sites. (Exhibit "B") Kenai Municipal Code does not provide instructions on leasing shore fishery sites. Should the procedure for leasing tidelands as outlined in Chapter 11.20 of Kenai Municipal Code be followed? This was the procedure followed for leasing tidelands in the Kenai River to Marvin Dragseth & Royal Pacific Fisheries and Larry Powers d/b/a Cook Inlet Seafood Services. KMC 11.20.160 (a) (2) would set the lease rate at 6% of fair market value. Current shore fishery lessees pay $40.00 per year. If this is not the procedure that should be followed, perhaps the City will want to develop and administer a shore fisheries program or sign a cooperative management agreement with Department of Natural Resources as mentioned in the the attached letter to the Director of the Division of Land and Water Management from the Assistant Attorney General. (Exhibit "C") People have asked to make application for shore fishery leases in the past. In July, 1986 Frank Canady made application by letter to lease Tract #4 of Shore Fishery Plat #71. Attached is a memo from me to the City Manager, dated August 2, 1989, which documents other individuals who have asked to lease sites. (Exhibit: "D") Also, a few months ago, Mark Jones, (Val Jones' son) asked about leasing a shore fishery site. If Mr. Garnett, or his client, file an application, should these people be contacted and told they may file an application? At the September 6, 1989 City Council meeting, the City Manager brought it to the Council's attention that inquiries were being made. I have attached those minutes. Council took no action. (Exhibit "E") How do you recommend we respond to Mr. Garnett's letter? /kh LEASES\TIDELANDS.MEM �,��415161T�819 ri Lo _ - a \� � V el, nti/ (907) 283-5353 June 19, 1990 City of Kenai 215 Fidalgo Kenai, Alaska 99611 Attn: Bill Brighton Re: Lease of Tidelands Dear Bill: This will confirm my recent conversation with you, and also one that I had with you last fall with reference to the lease of: tidelands, within the city limits of Kenai, where there are located some fishing sites that have been used for the last thirty-one years. We are in the process of having the area surveyed, but I wanted to give you some idea of what we are coming in and asking a lease on. I've attached a sketch showing the city, limits in red, and showing the area that is being surveyed presently in a yellow -green highlighting. This would be the area which we would be interested in leasing from the City. Several minor details would have to be worked out before the final survey is complete, but I would like for you to consider this letter as a formal application on approximately the area in highlighting pending a final survey. ELG:elg Sinc y Edward L. Garnett Page ..,./..... �xh. �..... ME P-r wL A.... I D 1 7 q X z a W `MEMORANDUM To: Gary Gustafson, Director Division of Land & Water Management Dept. of Natural Resources FROM: G. Thomas Koester Assistant Attorney General State of Alaska Department of Law DATE: May 9, 1989 FILE No.: 663-89-0360 TEL. No.: 465-3600 SUBJECT Are tidelands patented to municipalities subject to the public trust doc- trine? You asked whether tidelands remain subject to the pub- lic trust doctrine following conveyance by the state to munici- palities under AS 38.05.820(b) (formerly codified as AS 38.05.- 320(b)). 1/ You then ask a number of specific questions regard- ing the administration for fisheries purposes of tidelands con- veyed to municipalities. In CWC Fisheries, Inc. v. Bunker, 755 P.2d 1115, 1117-18 (Alaska ) (most citations and tootnotes omitted), the Alaska Supreme Court summarized the public trust doctrine as fol- lows: The public trust doctrine was first advanced by the United States Supreme Court in Illinois Central R.R. Co. v. Illinois, 146 U.S. 387, 13 S. Ct. 110, 36 L.E ( ). In that case, the Court held that the State of Illinois was free to revoke a prior state grant bf one thousand acres of submerged land beneath the waters of Lake Michigan, because it had possessed no power to validly convey such land in the first place. 'The Court held that when a state receives title to tidelands and lands beneath navigable waterways within its borders at the time of its admission to the Union, it receives such land "in trust for the people of the State that they may enjoy the navi- gation of the waters, carry on commerce over them, 1/ The tideland statute was renumbered in 1984, and has undergone several minor amendments since its enactment. For purposes of this opinion, however, the statute remains substantially the same as originally enacted, and all references in this opinion will be to the present version of the statute. �'T bf ....:a...... rage9 Gary Gustafson, Director Div. of Land & Water Management, DNR Our File No. 663-89-0360 May 9, 1989 Page 2 and have liberty of fishing therein freed from the obstruction or interference of private parties." The Court noted that the state is entitled to con- vey such lands to private parties, free of the public trust, only under very limited circum- stances. It stated: The control of the State for the pur- poses of the trust can never be lost, except as to such parcels as are used in promoting the interests of the public therein, or can be disposed of without any substantial impairment of the public interest in the lands and waters remain- ing In all other instances, the Court held, the :state is prohibited from "abdicat[ing] its trust over (the] property" by absolute conveyance to private parties. Illinois Central remains the leading case regarding public rights in tide and submerged lands conveyed by the state. While we have never had prior occasion to apply the public trust doc- trine to tidelands in Alaska, those modern courts which have considered its application have gener- ally held that any attempted conveyance of tide- lands by the state which fails to. meet the Illinois Central criteria fpr passing title free of the publictrust will pass only "naked title to the soil," subject to continuing public trust "easements" for purposes of navigation, commerce, and fishery. The grantee may "assert a vested right to the servient estate (the right of use subject to the trust)," but may not enjoin any member of the public from utilizing the property for public trust purposes. We adopt the approach employed by our sister states on this question, and hold that any state tideland conveyance which fails to satisfy the requirements of Illinois Central will be viewed as a valid conveyance of tit e su ject to continuing public easements for purposes of navigation, com- merce, and fishery. #�� ...:.1...... Pages Gary Gustafson, Director May 9, 1989 Div. of Land & Water Management, DNR Page 3 Our File No. 663-89-0360 The court then went on to conclude that stage convey- ances to private parties of tidelands not seaward of municipali- ties under AS 38.05.820(c) remained subject to the public trust under the Illinois Central tests. The court found that those conveyances were not in aid of navigation and commerce and did not expressly provide that they would be conveyed free of the public trust. 755 P.2d at 1119. Moreover, the court held that the blanket statutory authorization for conveyances amounted "to a substantial impairment of the public's interest in state tide- lands as a whole." 755 P.2d at 1120 (footnote omitted). We believe that considerations identical to those noted by the Alaska Supreme Court with respect to conveyances to pri- vate individuals under AS 38.05.820(c) apply to conveyances of tidelands to municipalities under AS 38.05.820(b"). The latter statute, like the former, does not expressly provide that the conveyances are in aid of navigation and commerce, nor does it provide that the lands will be conveyed free of the public trust. Because it authorizes a conveyance of all tidelands adjacent to home rule cities and cities of the first class incorporated on or before April 1, 1964, we believe it also would be "a substantial impairment of the public's interest in state tidelands as a whole" if it were construed as freeing the tidelands from the public trust. For these reasons, we accordingly conclude that tidelands conveyed to municipalities under AS 38.05.820(b) remain subject to the public trust. Given that general conclusion, we now address your spe- cific questions. They relate to tidelands conveyed to the City of Kenai ("Kenai" or "the city") and leased for set net fishing. 1. Does the Cit of Kenai have authority to issue and ad- minister leases or permits for commercial set net sites'? Kenai does have that authority. As you note, it is a home rule city and, as such, "has all legislative powers not pro- hibited by law or charter." AS 29.04.010. Moreover, AS 38.05.- 820(b)(7) states: When no preference right has been granted. to purchase or lease tideland, the home rule cities and cities of the first class may sell or lease the tideland conveyed to them, and may impose terms or conditions for the sale or lease. Such terms and conditions shall include such reserva- tion of rights -of -way as are necessary to provide reasonable access to public waters. o _ .. ....Pages; Gary Gustafson, Director May 9, 1989 Div. of Land & Water Management, DNR Page 4 Our File No. 663-89-0360 In addition, you note that the administrative policy was to transfer tidelands lease administration to Kenai at the time the tidelands were conveyed. That administrative interpretation of the statutes, clearly involving a formulation of policy, would be given some deference by the courts. Kodiak Western Alaska v. Bob Harris Flying Service, 592 P.2d 1200, 1203 n.7 (A asca 7 ). Accordingly, we conclude that Kenai has authority to issue and administer leases or permits for set net sites. 2. If the answer to question one is yes, is the Citv bound by state statutes or city ordinances? Can t e Cit eve o a Rrogram and fee structure di=erent trom AS Given the express authorization for Kenai to "impose terms or conditions for the sale or lease" of tidelands under AS 38.05.820(b)(7), the city can develop a program and :fee struc- ture different from AS 38.05.082. It is not bound by the state statutes governing the administration of state land. It is, how- ever, required to adopt ordinances to administer its lands, in- cluding tidelands. AS 29.35.090. It also is bound by the public trust doctrine. See State, Dep't of Natural Resources v. City of Haines, 627 Pad 1047, 1051 (Alaska 1981) ("the City of Haines, being a public entity, is regulated by the same public policy considerations as is the state government" with respect to tidelands administra- tion). Accordingly, as in CWC Fisheries, Kenai's ownership of the tidelands does not give it blanket authority to exclude the public from using the lands for public trust purposes. Kenai can, of course, regulate the use of the tidelands for public trust purposes. That regulation, as in the case of set net site leases, may even amount to a grant of exclusive use for some trust purposes. It also cannot authorize activities that would conflict with the state laws -- either statutes or administrative regula- tions -- which govern fishing. Kenai "has all powers not prohib- ited by law or charter." AS 29.04.010. Certain actions with respect to fisheries are prohibited by law, and therefore beyond Kenai's power to authorize. For example, Kenai could not author- ize use of a set net within 600 feet of another set net; 5 AAC 21.335(a) prohibits the use of a set net or gill net within 600 feet of another set net. Paco ......., . %F.:. �:... . .....�...... Pa�p� Gary Gustafson, Director May 9, 1989 Div. of Land & Water Management, DNR Page 5 Our File No. 663-89-0360 3. If the answer to auestion one is yes, but the City is not wi ing to eve op or administer a program, can DNR negotiate a cooperative management agreement? We believe there is no legal prohibition to the negoti- ation of such an agreement. AS 38.05.020(b)(2) gives the commis- sioner power to "enter into agreements considered necessary to carry out the purposes of this chapter"; we are unaware of any- thing in the City of Kenai's municipal ordinances which would prohibit it from entering into such an agreement. 4. Did the patent conveZ all of the state's public trust responsibilities to the Cit the City is nat wiT- ing to administer a program or sin a cooperative man- agement agreement, can DNR preempt the Cit s aut orit and issue shore fish eases within the patented area? The short answer to the first inquiry is that the patent did not "convey" the state's public trust responsibili- ties. Those responsibilities are inherent in state sovereignty and not subject to conveyance. The patent instead simply conveyed title, along with management responsibility, from the state government to a differ- ent governmental entity, the city. In exercising that responsi- bility, Kenai "is regulated by the same public policy considera- tions as the state government." City of Haines, 627 P.2d at 1051. One of the major public policy considerations regulating the city, of course, is the public trust doctrine. The state, on behalf of the public, _.could sue Kenai to compel it to honor its public trust responsib-ilities, but the transfer of title contem- plates actual administration of the tidelands (consistent with the public trust) by the city. If Kenai refuses to acknowledge its public trust re- sponsibility and administer tidelands conveyed to them accord- ingly, we believe the state also could cancel the patent under both the public trust doctrine, Illinois Central, and the common use clause of the Alaska Constitution, article VIII, section 3. In Owsichek v. State, Guide Licensing Board, 763 P.2d 488, 496 (Alaska ) (some citations omitted), the Alaska Supreme Court stated: Finally, cases applying the public trust doc- trine in navigable waters have frequently struck down state actions in violation of the trust with- out any reference to either federal or state con- stitutions. A good example is the lodestar of a...... Pages Gary Gustafson, Director May 9, 1989 Div. of Land & Water Management, DNR Page 6 Our File No. 663-89-0360 American public trust law, Illinois Central Rail- road Co. v. Illinois, 146 U.S. 387, 13 S. t.. 110, 36 L.E (). In that case, the Illinois legislature purported to grant to a railroad more than 1,000 acres of land underlying Lake Michigan in the harbor of Chicago. The Court applied the doctrine of the public trust in navigable waters to uphold the legislature's later revocation of the grant: A grant of all the lands under the navi-• gable waters of a State has never been adjudged to be within the legislative: power, and any attempted grant of the: kind would be held, if not absolutely, void on its face, as subject to revoca- tion. The State can no more abdicate its trust over property in which the whole people are interested ... than it can abdicate its .police powers in the administration of government and the preservation of the peace. In light of this historical review we con- clude that the common use clause was intended to engraft in our constitution certain trust princi- ples guaranteeing access to the fish, wildlife and water resources of the state. The proceedings of the Constitutional Convention, together with the common law tradition on which the delegates built convince us�`that a minimum requirement of this duty is a prohibition against any monopolistic grants or special privileges. Accordingly, we are compelled to strike down any statutes or regula- tions that violate this principle. If Kenai is simply not willing to administer a shore fisheries leasing program or sign a cooperative management agree- ment, however, but otherwise is willing to administer the tide- lands consistent with the public trust, the Department of Natural Resources probably cannot preempt the city's authority and issue shore fisheries leases within the patented area. The state no longer has an ownership interest in the tidelands, and therefore it cannot exercise the powers of ownership. This does not mean that the tidelands would not be available for public trust uses like fishing. In the absence of a formal tidelands administra- tion program developed by the city, tidelands probably would be available for public trust uses under the "first in time, first PagQ ....FP..... �cFi...4:..... T or ..... ...... Pa ass Gary Gustafson, Director May 9, 1989 Div. of Land & Water Management, DNR Page 7 Our File No. 663-89-0360 in right" principle. Cf. CWC Fisheries, 755 P.2d at 1121 n.16 (citing Snu4 Harbor Pa —Min Co. v. ScHmidt, 394 P.2d 397, 399 (Alaska ) (priority tor use ot ti a a- s to set net is deter- mined by the "first in time, first in right" doctrine in the absence of controlling law to the contrary)). We hope this answers your questions. If we can be of further assistance, please contact us at your convenience. _ GTK:dlm CC: Lennie Gorsuch, Commissioner Department of Natural Resources of ....Z..... Pan" 1791-1991 CITY OF KENAI "o G'a,ada� 4 447,d," _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: Wm. J. Brighton, City Manager FROM: Kim Howard, Administrative Assistant DATE: August 2, 1989 RE: Shore Fishery On July 31 Craig and Pat Harrison, (mailing address Box 873503, Wasilla, AK, phone: 376-9535) spoke with me regarding ;shore fishery leases. They told me they had been fishing the area west of Donald Lucas' leased site and southwest of Frank Canady's leased site for a number of years. They asked how they could apply for a permit for the site and I directed them to the Dept. of Natural Resources. A few minutes later Robert Johnson came into the office and spoke to me regarding shore fishery also. He wanted to file Shore Fishery Diagram No. 1121 with the City of Kenai which depicts a tract north of Tract 1 that he has been fishing. I told him that I was told to refer people to Dept. of Natural Resources. He said the Dept. of Natural Resources told him to file with the City. He left a copy of the diagram with me. Today Stan McLane of McLanes & Associates called and told me there were some fisherman in his office. Their names were Thad and Kendell Carlson. They wanted to file a shore fishery lease application with the City and wanted to know how to go about doing it. I told him we didn't have an application, that the last correspondence we had from the Dept. of Natural Resources was dated February 27, 1989 and stated "Until the Attorney General's office responds to the attached memo dated January 20, 1989, we are suspending action on the set net lease applications, including referral to the City of Kenai. We will contact you when any change in status occurs". Stan said the Carlson's had a letter from the Attorney General's office telling them to contact US. I told Stan that we had not received any new information. I said that I would bring this to your attention when you returned. He asked that we contact him when a change occurs. /kh LEASES\SHORE �� teaad♦aaaa LJf7i� •aa'••. •. bf ..... L ..... 13e(I KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 17 Council took no action. I-2 City Manager City Manager Brighton spoke. a. The seminar on Personnel Evaluation, held Sept. 1. 42 people attended - 18 from Homer, Soldotna, School District and Kenai Borough. The cost was $98 for tuition, as opposed to $114 more if they went to Anchorage. The presentor was good. b. I have had phone calls regarding duck blinds in the river bottom flat. It is permissible with shot guns by Code. Does Council have an objection to people building duck blinds? Both callers objected. Council had no objection. C. We need work regarding set net leases on City property. We have people asking us to sign leases for additional space. We charge $40 per year. These are some of the richest properties the City has. The City should realize some sort of profit from them. As time goes by we should charge 10%-15% of the gross to receive income. We would not charge $40 per year down town. We will provide information to Council. The State had them at one time and turned them over to the City. Councilwoman Monfor. When we do this, we also need Atty. Rogers to research the fact that the State is fairly consistent with fees all over. We may open ourselves up to problems. City Manager Brighton. We are a home rule city. We need a work session. Mayor Williams. We have talked about this for 10 years. When the State granted lands out to the 3 mile limit, the State did not give the leases over to the City because they did not want them. The City of Kenai may be only city in the State that has the capability of leasing sites. The State leases all others. I am not sure we want to delve into this. \, Councilwoman Monfor. They have only made large amounts for 3 years. What happens if they do not make any money? City Manager Brighton. 10% of nothing is nothing. Councilwoman Monfor. The State is consistent at $150. City Manager Brighton. From Administration's standpoint and revenue standpoint, the City has no problem with raising taxes. Councilwoman Monfor. How many are there? Admin. Asst. Howard. 6 to 8. We have had other people wanting more. There are inner, middle and outer sites. Councilwoman Monfor. We have to be careful of this. The State is reviewing. Council took noMaction.` I-3 Attorney Atty. Rogers noted the litigate- ----- (items I-3). Pa916:... t.... « Exfi.... r�.... . bT ...../..... pages 1791-1991 CITY OF KENAI CaI044d4 4��all 210 FIDALGO KENAI, ALASKA 119611 TELEPHONE 283 - 7535 FAX 907.283-3014 01ONQ CODW1 ZN A CCQ DATE: July 6, 1990 TO: William J. Brighton FROM: Keith Kornelis (�? SUBJECT: Park Shelters FOR: City Council Meeting of July, 11, 1990 I have been obtaining information concerning park shelters with the following criteria: * Size approximately 20' X 44' * 4" Concrete slab on grade 20' X 44' * 40 #/ SF Live load * 100 MPH Windload * All steel Poligon Poligan Park Shelters comes from a company called W.H. Porter Inc. in Holland, Michigan. See Attachments A. A rough cost estimate could be: Shelter Kit $5,947 Freight Est. 3,000 Installation 2,500 $11,447 City furnish and install slab 2,500 $13,947 American Leisure Designs American Leisure Designs comes from a company called VANCO Associates, Inc. in Edmonds, Washington. See Attachment B. A rough estimate would be: Shelter Kit $10,096 Freight Est. 1,800 Installation 2,500 $14,396 Furnish and install slab 2,500 $16,896 Beaver Loop Weldin This is a local City of Kenai business. See Attachment C. they have given me a cost estimate of: Furnish and Install $9,998 City furnish and install slab 2,500 $12,498 One cannot fairly compare the three shelters because each one is somewhat different. The two prefab kits may have heavier columns, beams and roofing. It is hard to determine the amount of work necessary to erect these kits but Beaver Loop estimated $2700 for their costs. I looked into block wing walls for an area that people could get out of the wind. A wing wall •that was 7' X 7' X 4' high would be around $250 and could be placed like r,o1 rnrt. .20 A bar-be-que could be placed in these wing wall areas. Attachment D is a drawing of such a bar-be-que which is estimated to cost $ 300/each. RECOMMENDATION If the City Council wants to build some of these covered shelters it would recommend that they appropriate $16,000 into a construction account. $12,498 Shelter 1,000 Block walls 1,200 Bar-be-que 1,302 Contingency $16,000 TOTAL I would recommend that Public Works and Parks and Recreation work together with Beaver Loop Welding to build a model shelter. City crews would do the excavation and backfill and contract with a masonry company for the concrete and block work. We recommend Beaver Loop Welding to furnish and install the shelter. If this first one works out, others may be wanted at the Kenai River Viewing Project. !0 better idea bungs you...-., 4! lines and fewer columns on Ao.u;, easier erection Superior structural strength .Surface mounting means that the foundation can be prepared in adva nce ce POLIGON REK SERIES -j-*�Choice ,of panelized roof systems Significantly lower construction cost INNOVATIVE POLIGON RECTANGLES 0 Built-in versatility Th P, ON REK structure features the largest bay e POLIGON 'fv4 com -sizes anywhere with with 20 feet between columns pare the 8, foot bays of traditional glue lam shel cog;t ers. :The REK bolt together, surface mounted frame is unique -M*5721.' to the park shelter industry. Now you can prepare the 4� foundation ahead of time, and install the frame later. 7 With POLIGON REK shelters, buried col A thing of the past. V M -Available in all steel or with sandwich panel N traditional look, the POLIGON REK is vano and durable. The REK structure can also be extended l from either end as necessary. A crane is seldom needed for erection because the high:,�".2 strength tubular steel framing components are much Ii lighter than glue lam peak and cambered beam sys- terns ., ..,J.;'The POLIGON sandwich panel roofing system is many -times faster to install than traditional -tonque. and groove plankina,ti W 41, h the advantagesSpecify Poligon on your next project' U2875/POL BuyLine 4455 Architects, contractors, and park planners report to us routinely that, "This is simply the cleanest, best looking, most cost effective structure availablel" O. REK 20 x 24 with sandwich panet roof system. Pamona, CA. R. REK 20 x 24 with sandwich panel roof system. Holland, Ivil. S. Ceiling surface of REK 20 x 44 with 24 gauge roof panels. Dinuba, CA. T. REK 20 x 44 with 24 gauge root deck. Roseville, MI. SPECIFICATIONS FOR POLIGON REK SERIES (See additional general specifications on page 14) SIZE The shelter shall be a POLIGON RE:K (Cat. No.). The clearance height below the eave beam shall be 7'-6". The REK shall have columnsspacedat_—feet oncenter (20feet except for REK 50 which will be 16 feet. Heavy snow loads may require shorter spacing between columns.). The shelter shall be feet out to out columns and feet out to out eaves (see chart below). There shall ` be a 2' overhang all around the shelter, except for the all metal shelters ; where the overhang on the ends shall be optional. ROOF PANELS A. Roof panels shall be POLIGCN sandwich panels (See General Specifications). B. Roof panels shall be POLIGON 24 gauge steel (See General Specifications). Color: ROOF PITCH The roof pitch shall be 4:12. ROOFING Roofing for sandwich panels shall be: A. 220 lb. class A fire -rated _ (color) fiberglass shingles or equal supplied by POLIGON. Standard color is Wood Blend. B. Specifications may be written for cedar shakes, ceramic tile, or metal. o W � ly a SO Z 2 2 � W CATALOG NO. o a LL W O a o W U T AND REK SIZE U REK 16' x 24' 12' 384SF 245SF 20' REK 16' x 44' 12' '704SF 485SF 20' REK 20' x 24' 16, 480SF 328sF 20' TREK 20' x 44' 16' 880sF 648SF 20' REK 20' x 64' 16' 1280sF 968sF 20' REK 24' x 24' 20' 570sF 41osr 20' REK 24' x 44' 20' 1056SF 810SF 20' REK 24' x 64' 20' 1536SF 121 OSF 20' REK 30' x 24' 26' 720SF 533SF 20' REK 30' x 44' 26' 1520sF 1053SF 20' REK 30' x 64' 26' 1S20sF 1573sF 20, REK 30' x 84' 26' 2520SF 20933E 20' REK 40' x 44' 36' 1760sF 1458SF 20' REK 40' x 64' 36' 2560SF 2178sr 20' REK 40' x 84' 36' 3360SF 2898SF 20' REK 50' x 36' 46' 1800SF 1495SF 16' REK 50' x 52' 46' 2690SF 2231SF 16' REK 50' x 68' 46' 34DOSF 2967sr 16, REK 50' x 84' 46' 42)OSF 3703sF 16' Square footage and lengthicr all -steel buildingwill be less if gable end option is not exercised. Overall bui'ding length will be 4' less without gable end overhangs. _ _._ ... ' - ;act •�esTS�ar,.. POLIGON REK SHELTERS WITH SANDWICH PANEL ROOF SYSTEMS AREA AREA PRICEWITH PRICEWITH PAINTED FINISH COL. BW UNDER INSIDE SAN. PAN. ROOF R-23 ROOF & METAL PAINT Sf IPG. REK SIZE WIDTH SIZE ROOF COLUMNS & SIM.T& G 5'81DRYWALL SHR�-A-ES ROOFING FRAME WGT. 16x24 12' 20' 384sf 24a-1 $ 3,420 $ 4,730 $ 220 $ 700 $ 700 3,500lbs 16x44 12' 2(7 7(}j 4113'alj $ 5,850 $ 8,260 $ 400 $ 1,290 $1,2W 6,100lbs 20x24 16' 20' 480•J $ 4,280 $ 5,920 $ 270 $ 880 $ 700 4,100lbs 20x44 16' 20' 88QJ 64: $ 7,490 $10,500 $ 500 $ 1,610 $1,2W 7,000lbs 20x64 16' 29 12WJ 9G3sf $10,700 $15,080 $ 730 - $2,340 $1,700 10,500lbs 24 x 24 20' 20' 570sf 410sf $ 5,140 $ 7,090 -- - $ 330 $ 750 $ 900 5,000Ibs 24x44 20' 20' 1056sf 810sf $ 8,880 $12,490 $ 600 $1,930 $1,500 9,000lbs 24x64 20' 20' 1E�36sf 1210' $12,630 $17,880 $ 870 $2,810 $2,100 13,00lbs 30x24 26' 20' 720s-f 533sf $ 5,560 $ 8,020 $ 400 $1,320 $1,400 7,000lbs 30x44 26' 20' 1320sf lcsaj $11,340 $15,850 $ 750 $2,420 $2,300 12,000lbs 30x64 26' 20' 1992O, 1573j $16,050 $22,620 $1,090 $3,510 $3,2W 17,000lbs 30x84 26' 20' 2520sf aC w $20,760 $29,380 $1,430 $4,610 $4,000 22,000lbs 40x44 36' 20' '760sf 1,U)i $14,980 $21,000 $ 990 $3,220 $2,800 15,500Ibs 40x64 36' 20' 2_` 0 21 3d $20,650 $29,410 $1,450 $4,690 $4,000 21,500lbs 40x84 36' 20' '�360s�f 21?j�j $26,320 $37,810 $1,900 $6,150 $5,000 29,000lbs 50x52 46' 16' 2600sfi Z-21st $21,720 $30,610 $1,470 $4,760 $4,000 24,000lbs 50x68 46' 16' 3400sf 2:15,'sf $27,930 $39,560 $1,920 $4,210 $5,000 30,500lbs 50x84 46' 16' 4200sf 3mf $34,130 $48,490 $2,380 $7,680 $6,000 36,500lbs POLIGON ALL -STEEL REK SHELTERS WITH PAINTED 24 GUAGE ROOF SYSTEMS AREA AREA FINISH COL.. E3<1Y UNDER INSIDE SHELTER PAINT SHPG. REK SIZE WIDI H SIZE 133Of- COLUMNS PRICE FRAME WGT. 16x24 12' 20' 3E4sf 245sf $ 3,390 $ 700 _ 2,900lbs 16x44 12' 20' K4sf 485sf $ 5,570 $1,2W 4,500lbs 20x24 16' 20' - 48W 328sf $ 3,910 $ 700 3,050lbs ' 20x44 '_.._.___ .16 _ -_ .,. 20' ...._-. 88OS{ 648J $ 6,260 q, (,,G/SF $1,200 5,150lbs --20x64 16' 20' 1280sf 968sf $ 8,610 b �`8 �- $1,700 7,150lbs � 24x24 zU' 20' SOf 410sf $ 4,760 $ 900 3,880lbs 24x44 20' 20' 105w 810sf $ 7,750 p,, ; o $1,500 6,380lbs 24x64 20' 20' 1526sf 1210-4 $10,750 q.a,1. $2,100 8,680lbs 30x24 26' 0' 720 f 533sf $ 6,740 $1,400 5,200lbs 30x44 2G' 20' 13:_' d 105LIJ $10,700 $2,300 8,500lbs 30x64 26' 20 19211;f 157.# $14,660 $32W 12,400lbs 30x84 26' 20' 2520sf 2393J $18,620 $4,000 15,400lbs 40x44 36' 20' 1760J 1450d $13,800 $2,800 11,500Ibs -- 40x64 36' 20' 2r.� 217DJ $18,820 $4,000 15,500lbs 40xB4 36' 20' 33EJ 2909# $23,860 $5,000 19,500lbs 50 x 52 46' 16' 2COOsf 2231 sf $19,790 P� ^---l----T 50x68 46' 16' °�100sf 2�sf $24,930 1 invii:r�i..ii� N - i� j. 50x84 4G 16G 4r 3 # $30,060 _s �G, E `2 0F_3, V O m O OD G� co 3 QD 0 V c� 1' -`\ — --- 397.18 •-- - o 4 65.5 3 rn S.00-00'-30" W. 71 _^ as a , (w 1 Z 0LD I c O (A Ul 0 0 -- — 4 24 13 �— — -- CD o S 0°- 00 - 30" W. cn _ .. _.., 1i �i1 \\ m W � 1W s; 3g W n m A 0- , - 0 �' CDm `n '` z X o Z tv 382.72 — '' c.i S. 0°- 00= 30" W. 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' - _ :,r. : r�l IRk �.),. .. :,3i .�'•r`}•'• JS•�ti "ia:l,+t:' ''�'�Y.••.��,t •X' ^• r•.,,,_ � r� s�� ` ••�•' +"`• 'r..+� .1�,, '• .'f, fir' .•. .-n.t r;• �••, 9 1�g',',rd}4Z'-'1 MI •+ .. ... ter.. _•., � _.J.�'!",',�' f �t.rr.: r .��~• . ` �41'T I - �.-6-.f-rx•.aP 6; I American Leisure De i,1; lni;, 1_J he 1-igjhest quality of materials in the buil:_iil ,r,�ii ii i; I ;,� y. 1 nG ove agCS range from 144 to 5000 Marc fe�;t, I!Ierange of she'fers available. Stand:; "f rG' !rlclude: Sel ct grade 2" x G" tongue & groove dr � �" x 5" 5.�'.i.f',�, (parade stamoed C of -id better ` i 1C i I p r; al 1r IIIe corinectoi s r.I-d hardvvare, Pre.,;;,,:re Err ,c ',CA 0.6 �lurnr�s, aid 20 year fiberglass 1; ., 11il1rll;rs. The option list i �.�r' lj; ed to include glue laminated and sh�(r I c_,iur�l ,, f�a; .oly al.t��icd stain o1i all wood corrlpor en�> Inl;k1r'I () _��;;luml�s, ,?)OIt Arckllcctural i ITEM MODEL o ' (r'VLR (E I WEIGHT LIST � - O _ GLUE -LAM COLUP RandorTI Edge shingles and Cedar Shakes. ALD buildings and shelters are certified by registered pro- fessional engineers. Certified shop dia\,vIngs are available in all states. Custom designs are available for special loading conditions and applications. LPB shelters may be partially or tote-'y enciosed v,;ith pre -fabricated wall panels to meet your spec, ic; needs. American Leisure Designs, Inc. offers complete design and specification services for such applica- tions. VVhether your need is restroorns, concession or a meetirlg room, we can design and prepare aH specifications and drawings for your project. i_-'7.I, 9Tc-1_� STAIN HEAVY ARCH MEDIUM CEDAR ROOFING COLUPAN I 'OON SHINGLE SHAKES DEDUCT - — —A --I --- — --�--- ----- 1 2 3 4 LPB i220 ST LPB1620 ST LPF31628 ST LPD2020 ST 12' 1G' I 2 :c , C. �)'1 t..,, 240 h 2,134 2,311 'i ; 080 1,"159 l_ $ 1,75,) $ 2,510 $ 2,620 � $ 3,470 S .� $ $ c 310 470 41C 650 5 $ 3,180 $ 430 6 LPU202(9 ST 2,) ,. < J,5 $ 4,040 S 550 7 LPE32036 S7 I ? 3 > 3 $ 5 010 690 8 LPB 044 S T 1 2 0 5 ICJ 830 LPB2228 S7- _2 4 i,`s) �0 10 LPE27.36 Sr 21 -2 177 5.740 720 11 LPE2244 SI LP02420 ST 2-: 41' a 6 1,'104 7 J01 S 6,790 $ 4 56J g, 870 50 12 13 LP82433 S1 21 854 9,910 $ 5,6CO 00 14 LPR2444 S r :� 10[i6 f 12,013 $ 6,7E0 S 830 15 LPUM28 ST ;84 119 ^,, 5.480 5BO 16 LPD 2 836 51 , ,. .., 1 O09 t I,'�1.1 s 6_B? 1 ! $ 7c0 7 LPR2_8.14 S I '2 P32 BH9 2 ©,140 $ 670 18 LPB30,96 ST 10. J � �36 S 6 920 19 LP1330,14 ST 31 132) 1 _,J�15 c, E1,240 20 LPB3a52 ST 36,) 1d,r8.1 c 9,G10 21 LP6'v60 ST 0 : 22 I-PID13068 S 12 3( I 23 LPE34044 S1 24 LPL'4052 Sr 4✓ I; �3 S 3 c1 25 LPE34000 ST 4 > I :r ;� �0 �c 193 S 15 29u 26 LPu4063 S1 4G x - 2,1 .,128 I S17,22L 27 — if F107G S r -- 26 LP[ O5✓' , I 7 'A 9 4 29 G P f (J S I i2 �: 30 LPP C,Gt ,I 31 rPP 73 ,2 1 PE..:JGs4 33 $ 3t0 47r) $ 410 550 $ 4'0 $ 50 $ 6;?0 $ 830 $ 110 $ 210 $ 220 $ 29 3 $ 250 $ 3,30 $ 420 $ 510- $ 37G $ 470 $ 570 $ 370 $ 470 S 570 $ 430 $ 540 $ 650 $ im $ 2,10 323 4 DO 400 $ 640 G'-)O $ 560 $ 120 t L'00 $ SGO-- $ 720 $ 880 $ G40 s1 ono $ 240 $ 360 $ 480 $ C-00 $ 600 $ 720 950 $ 1200 $ 840 $1 ,ORO $1,200 $ 640 S1,080 $1,320 $ 9G0 $1,320 $1,5G0 ($ 1201 ($ 170, ($ 2001 ($ 250i $ 2501 ($ 290; ($ 380; ($ 350 IS 450 {$ 50o ($ cur ;$ 520) $ 400) $ 550) ($ 640) 910 DO �1 250 410 $ S " $ 540 640 750 P30 9 G $ 540 $ 650 $ 770 $ m , Y1,P O I $ 960 $1,120 $1 3G9 f 520 st If.r) $1,440 $1,680 $2,010 r .n2,790 S2,610 ($ 550) ($ 640) (S 770) $ aG>o) $ 97J) S 870 S 6t0 $ L' O S1 Stu —_ $2,260 — $ ✓P✓) Tt 130 $ 770 $1,010 s.,7GC; $:" 640 (51,020) 1 290 $ B80 S 1 .170 ; 2.OGJ &3 011)0 (.$' ,160) 1,0 l' '0 $3 1„J (i 31C) 6trJ�T 1 1 0 c,,E,O_ (3 47C) 41. 1 E 5 J J 1 776 C2.0 8 t St 84 O 1 S 27J sl 20 53 20 S _ � p,yti.yy 5 T . MIK Ey RECREATION EQUIPMENT SPECIALISTS FAX NUfTiiher 206-670-2150 DATE FAX TRA;NSIli iTi=,'_: ilUMBFR 0!" i_S S E ( H i';! Li-JDiNG YETIS SIiFFI� C ,i- 77-I i _-_ ^tO SUS, !'i'ASt[lNGTOI1 if X" 1 4 Ij I vw Wt A .Z.7 Y'r t' -,ermq Ar! ART- rM e R . M r r� t .4,446 .%,.rap a. c,. j ow Zi AW 0,61. T •A ­11110MVINP-M W71 1-4 W6 ts . hi Yw­ W - WIS 14.11 pip. I VNS gel p.. TO 7.j 4F-­ . •; t. % 'f3 A ft SIV., —7— .1 W.L. ',N is 13" 4 . AT rg' r. .1 V. " '. " . A n7r.7­ ANNE 5-M a ILA., o,� P�' 1{try 'a IZ6 W—n.W, PT`�, Ui�, g INV R, N I 'kirbi I u c Option available 3 AM, V. 7 777 j- MWAT v". 1511k.)MWORY SPECIFICATIONS 'helter dc5j,-rQJ to meet and exctod all -tale aji:l budding codes. till t:d inh'- 2, •V.PR with American National '_',taridard for -ge-d iafninalcd tmnbui.(_, PlOducts �tvjctur,d lu grade, 5<,,uthem Pine:,00f deck 15 gi . ongue anl go"n (_. 0 Support colurnn5 ofsulidtimber Southern Pine premium structural gi ide. (:OT)rwctors nfl-.teei plate. hbricmcd� hot -dip galvanized after fablica t 1011. T Foscia: treated Soutt em Yellow Pint:, pres_, me tl`e,31E?d, Hn dilec". 20-vpar F,r11f-seahng larmf1:0i'd, fiber '](Isq ma", with corlimc-coM(A lo'J, gr i n u I Cail for detailed, plans, V. ic -7W6,A d6W I ffi--rp- t War W-6•ur Ij ykv Eel: par.... V; C. r 7 S Elm r w 51 fc. 101 *,ollfrwM ."a vmaI; p. A, P713'A S F t1mom" Ills 1.11f X j: IM wv— f, r -�U 46 VIA Vn: i.1.71' NUF ?I Aw jx, A WWI - 4' NY I. 77"'T. 7" 7. A-07.'- 'A X.' ;-F 7j V 71 77. rZAR.- LM A� kOK A.'or V14 v R M I "U4 IN2. t It MINI- , Bali c ri V-.1 I 6 Jr, I.) 'N Zo I. I L Jr VC ig,., rx. *0. L tit. m, .v ii ITAT; V; All -�v 7 z 'iv 91 Ile, T 0 R N B E PAI, _TJ nIT-75on" SHELT72 OPEC MCATION33 2 n d r dr a tott'll roo, Th? buildinq r!W�ov" rn"11 Oe deslgnM to confoym to 1988 editior, 01 Lh? SWw P A WhAing Code, it shall he the responsibility of �11�11:"L.!' :-)Mractor to notify AMMICTA LEISURE LICE; TGNO�', I : - nonte Willing coder that will affect t h--, naturc of Yk:-- , ' 2: SCOPE CP AMERICAN Th'"I W01 will provide architectural, strucoudrawings and specifications for the sholmr. Contract jYj,jpj,j qy5uqu mins, M. will include delivery Of the 4'1 root materials, columns, beams and haidwaro It will 0- Tc V� �n�Q.Mj u! ths cwner to field cut and asgemble- thysn L il�NIERICAH LEISURE VES10S, Mti, building Zn -nvj on too foundaLion. Concret� slab, plu.-,Oning, electrc, oif building to be provided by others. My 10-ne in writing nd reenygd upob both parti.. h cnWn" to nEwh party, BITAMA K-, ;1. n. . f The site snA.1 M WPQ graned by others, n(,:I-,r in ordor fc-r the coatrvnn� �� QW11 the columns for the building. Finish gr0ding s site wi 11 be done by others. SuPPOrt cvl7wn!, sholl to G" x 6" x 3/6" A-500 ste?.l tubing, Steel knor, 10 TN 5' 0 10 xA-500 Steel Tubing, prime aW painted Fur. lins uhr'L t" '.,SOO 11 tPHAPq, alied pur ongincering, prhw-.-�. and pari•. , :71 L7, ALP STEEL 7 17 7� S t? 6J tit .-t V �tilyRr� 9r J<�, co �j IL Wti�a� rl �� {1 i i i „i 7,%%'0;1 "It L;; T WUtDWARE Frame structun-.-, shall be furnished with all nec(nssary nuts, holts and fa-,tening (Iavicc3,s Alcar a total assembly of parts. ROOFING GYSTS�l Metal roo-I fin ," g materals, sha.11 be pref inishee d stel - 24 Gauge k Hot -Dipped Gxa1,a�nized steei ASTM A44G G-90 Coatin,, I ASTM 525. Finish shall be lly:nar 500 17.1?-iorocarbon Coating applied on the Berridge Coil co,ating JLLDic, "!7:1.t-Ah a top side- dry film thickness of 0.95 to 1.25 mil. Bottc'm SI-ac-'s witti a pri-mer with ith a dry filin thickness cif 0.25 iidl 1 Finish shall Conform to all test for ashesion, flexibility lorngeviLy a-s'specified by Kynar 500 finish supplier. Color 1);,� s P,> c i f J. -2d. F -1 a s h i r,A g Shall be fac'Llory, fabricated and be of matchinry &-tidt finish to the roofing material. Par)cia shall be of mat chin,,-2; ;7,,.-,]L 11 E i a IL'. i� r i a I PRODUCT 111,12 U P.41: (1.) t.,-) provide minimum $ 2,000,000 urc?all- t / Cori,,11) I e t c, d, Operations coverage. providing the coverago is rated BEST'S "A" or Irligher. (3.1 Operations is an 'or-currence, Jbi-Aslis EN T ALD S SE, 1"'L �> 111 E I., • " ; -; R 'S " C 3, �^T C-.ATICNS 1, f ,3 , _ski}` mr. IT kl Patent No. 254,118 Our giant -size park stove is just: tie answer when large groups assemble in your park for a picnic. Ideally located near your park shelter, Super Stove provides maximum cooking capacity for clubs, family reunions or other large gatherings. Every park needs a. Super Stove. ■ Sides of 10 ga. galv. steel ■ Bottom is heavy 7 ga. formed steel ■ 840 sq. inches of cooking space ■ Adjustable grill with flip -back feature NO. 1560 Super Stove, permanent, wt. 201 lbs. .... $273 NO. 1561 Super Stove, portable, wt. 241 lbs. ...... $336 • , � •`;,f�,%':ems k�I 280 sq. inches of adjustable grate. Constructed of heavy- duty, rust -resistant galvanized steel sides, this rugged outdoor stove never needs painting and is virtually vandal - proof. The grate may be adjusted to three cooking positions and tilted back to allow plenty.of room to add fuel. Handles have heat -dissipating springs to permit grill adjustment during the cooking process. Permanent or portable mod- ules. NOTE: Quality hot plate (see B below) must be ordered separately. • Cooking unit rotates 360 degrees. . ■ Sides and back are 10 ga. galv. steel; bottom is 7 ga. formed steel. ■ Grate is 1/2" diameter steel rod. NO. 1520 Extra -Heavy -Duty Park Stove,' permanent, wt. 74 lbs. ......................... $94 NO. 1521 Extra -Heavy -Duty Park Stove, portable, 3/1r," steel base, 22" diameter, wt. 98 lbs. ..........$139 RR 77,.2..:.. , MOM A new, optional item that will increase the versatility of our extra -heavy-duty park stove. 10 ga. hot -rolled steel. Hot plate attaches easily to the standard grate. NO. 1525 Hot Plate, 6" x14," wt. 4 lbs. ........ ... $17 '' ;J + _� x�l.• of � Y'-;>�' �•� M � mom' • y �5,0 ���j y.• � a 2 'r 'h�� t 3 ;tea ��, y�•} _ �",.K. � ;. ... ;:.�f,ikz"+r� 1.1�r."�+ ��j„�•�r"'•".�. .t ., . I ' I�"Ry''"r:;.'1 ,.. +:.' 'r. `y :7 s�'r:,'`)..I�F . i.� ,tea '• r' ) M1 T •- •! 1 ° , •"/ 1 1. ' r .. ' �' ( \.,. r � XZomer Electric Association, / CENTRAL PENINSULA SERVICE CENTER 280 AIRPORT WAY • POUCH 5280 • KENA1, ALASKA 99611 July 9, 1990 Mayor John Williams City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor. Williams: • )907) 283-5831 �g10111213 jst NCO 1s�� JUL 199�J Please accept this letter as my resignation from the City of Kenai Harbor Commission. It has been a pleasure working with this group for the past year and if there is any individual input I can provide to the Commission or the City from my areas of expertise, I would be happy to do so. Again, thank you for allowing me to serve on the Commission and best of luck to all concerned. Sincerely, Ron Raine¢ Consumer Relations Manager HARBOR.RR:ss cc: Barry Eldridge, Harbor Commission Chairman r 0 IN THE DISTRICT COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI CITY OF KENAI, Plaintiff, V. KENAI PENINSULA OILERS BASEBALL CLUB, INC., Defendant. Case No. 3KN-90- CI. COMPLAINT COMES NOW plaintiff, the City of Kenai, through its undersigned counsel, and pleads and alleges as follows: 1. The City of Kenai is a home -rule municipal corporation duly organized and operating under the laws of the State of Alaska. 2. The Defendant is a non-profit corporation, organized under the laws of the State of Alaska. 3. Defendant leases property in the City of Kenai, Kenai Recording District, State of Alaska, from the plaintiff described as follows: Northwest one -quarter (NW 1/4) of Government Lot 4, Section 3, Township 5 North, Range 11 West, Seward Meridian. 1 - •COMPLAINT 4. A copy of the above -mentioned lease is attached as plaintiff's exhibit 111". A copy of the May 7, 1981 amendment to -the lease is attached as plaintiff's exhibit 112". 5. Pursuant to Title 16 of the Kenai Municipal Code and Paragraph 28 of the above -referenced lease, defendant is liable for payment of any special assessments on the leased property. 6. Plaintiff has duly billed the defendant for special assessments in the amount of $1,192.00 owing on the property. 7. The defendant has either failed or refused to pay the special assessments after being notified and billed, and is currently delinquent on the special assessments in the amount of $1,311.20 including penalty and interest. WHEREFORE, the plaintiff prays for judgment against defendant as follows: 1. For all accrued special assessment charges plus penalty and interest. 2. For costs and attorney's fees incurred by plaintiff herein, together with interest. 3. For such other and further relief to which plaintiff may be entitled. DATED this day of July, 1990. CITY OF KENAI Timothy J. Rogers City Attorney 2 - •COMPLAINT 1791-1991 CITY OF KEN... (2apiw 4 414"" if 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 TO: Kenai City Council FROM: Charles A. Brown, Finance Director e5q DATE: July 5, 1990 SUBJECT: Quarterly Investment Report; Second Quarter, 1990 During the second quarter of 1990, the following securities were purchased by the City: Annual Date Type Cost Days Rate 4-05-90 FHLMC $1,754,908.33 350 8.622 4-19-90 T-Bills 2,629,511.19 357 8.573 4-30-90 Vanguard MMR 332,000.00 N/A 7.900 5-11-90 T-Notes 1,238,187.50 721 9.049 5-21-90 Vanguard MMR 300,000.00 N/A 7.890 6-08-90 Vanguard MMR 100,000.00 N/A 7.910 As explained last quarter, the City is using the Vanguard money market fund (federal portfolio) for cash flow activities. Yield of this money market fund was about 7.9% during the April -June quarter. Other purchases consisted of U.S. Treasury Bills and Treasury Notes, guaranteed by the U.S. Government, and Federal Home Loan Mortgage Corporation (FHLMC or "Freddie Mac") discount notes, which are U.S. Agency/instrumentality issues not guaranteed by the U.S. Government but carry a moral obligation of the government. Exhibit I shows the current status of the City's portfolio. The average annual yield of the current portfolio is 8.827% on $25,490,130 invested. At March 31, 1990, the City's average annual yield was 8.726 on $25,320,443 invested. City yields increased slightly this quarter because several lower yielding securities matured and were replaced by securities yielding 8.6% to 9.0%. Page Two Kenai City Council July 5, 1990 At March 31, 1990, the average days maturity was 114 days. At June 30, 1990, the average days maturity has been extended to 221 days. Note that of the three fixed maturity investments made this quarter, two were for about one year duration, and one was for nearly two years duration. Maturities were extended in the belief (hope) that yields would decline over the next year. So far, that prediction has been correct; see Exhibit II. Only time will tell if this was wise over the one or two year period. As I did last quarter, I will compare the City's return on investment with specific benchmarks: Average City yield, 6-30-90 8.83 12-week average yield, 3-mo. T-Bills 8.00 12-week average yield, 6-mo. T-Bills 8.20 12-week average yield, 12-mo. T-Bills 8.47 State Investment Pools, April, 1990: Colorado 7.72 Pennsylvania 7.89 Massachusetts 8.10 The City will continue this yield advantage unless interest rates rise significantly. I'm betting that this won't happen soon. In any case, we projected next fiscal year's interest at 8.5%, and that seems very probable. By extending maturities, the City is slightly increasing its exposure to market risk. However, average maturities are still rather short-term. The City is not exposed to great market risk, as we would be with long-term bonds. Also, there is virtually no credit risk associated with these investments. All investments have been made in accordance with KMC 7.22, and all required securities are held in safekeeping in a bank trust department. As for the :final figures for FY89-90, I have calculated the full year interest revenue: FY89-90 FY89-90 Interest on Investments Budget Actual General Fund $1,262,700 $1,422,873 Airport Terminal 36,000 38,431 Federal Revenue Sharing - 3,059 Airport Land System 630,000 733,185 Total Interest 2,197,548 Average invested (incl. checking) / 24,966,726 Average yield, FY89-90 8.80% H 0 0 z q �— z o rn z m 0 0 a E R E o X K7 N 1aG O N o.. F - p[1 O N aD C •!1 m O y� M c0 5C W H H rQ CL� OO mc M �P � W •� .� U� eW � � d'P w E •cC E --� .-� a m o 0 0 0 0 0 0 0 0 0 0 0 0 r 0 0 0 0 H o a o 0 0 0 0 0 ti o 0 0 0 0 0 0 0 d P H o 0 0 0 0 0 o ae-r u-r •c o u-s o M �•� •a � a rn m o N cE• M �--� S� M •a •a m OMl P.- 0p q Kc d' O N N M •O N q W H x a+ O OC � .m-. m m •�-. an .-. N u-. Ol CT Ol O. Ol pi O\ O� q 6 0 0 0 0 0 Ol O rn rn a rn rn m m rn `a Ol •mil Ol O HI N CV M cT •/'1 l!l a• d H �-+ o N M •rr o O U w w H •�'• Ql m N t� � v o r-. .-+ M •a •e-� a o .--� P• M w r— O ♦a O M M Ol u'l O rM Op M la Qi M .--� N u-t O� •r1 q Vl PO M arf N O� a�7 N .-� O r'• �--� H u-i sT •O rn � O � fY t� �-a [� O� M u-� •O <M � O C O •Cf M z 0 5c oc z x x E+ E- E+ .Q m a W m X E PoQ Pq ( Q W W PLO oq j w Y+ w rn rn rn m rn rn rn rn q O 0 0 0 0 0 0 0 p O 2 M M M M ah M •"7 M M la •(� •a •D ♦O a0 •O •a as PERCENT 11.0 10.0 9.0 8.0 7.0 8.0 SELECTED INTEREST RATES AVERAGES OF DAILY RATES Ex 4 ,r6 -�- . 7 PERCENT 11.0 10.0 9.0 6.0 7.0 8.0 D 7 21 LID 2 18 30 14 28 11 23 0 22 8 20 3 17 1 13 29 12 28 9 23 9 23 8 20 4 18 1 13 29 0 APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FES MAR APR MAY JUN 1989 1990 LATEST DATA PLOTTED ARE AVERAGES OF RATES AVAILABLE FOR THE MEEK ENDING, JUNE 22, 1990. V� \\ UNDSRF RATE TREASURY 5-YEAR SECURITIES \ ,. 3-MONTH TREASURY BILL DISCOUNT RATE 19W FEDERAL FUNDS m 3-MONTH TREASURY BILL 8-MONTH TREASURY BILL mm 1-YEAR TREASURY BILL 5-YEAR TREASURY SECURITIES LONG-TERM TREASURY SECURITIES APR. 6 8.33 7.77 7.81 7.71 8.59 8.72 13 8.25 7.78 7.80 7.70 BUD 8.72 20 8.27 7.76 7.75 7.81 8.79 8.94 27 8.24 7.78 7.91 7.94 9.01 9.13 MAY 4 8.12 7.85 8.03 7.94 9.01 9.11 II 8.20 7.74 7.84 7.75 8.79 8.93 18 8.16 7.57 7.68 7.66 8.67 8.78 25 8.22 7.71 779 764 8.64 8.78 JUNE I 8.19 7 . 7 4 7..74 7..61 8.52 8.71 8 8.26 7.70 7.62 7.5I 8.41 8.58 15 8.30 7.70 7.64 7.50 8.39 8.55 22 i! 8.28 7.72 7.64 7.57 8.48 8.63 29 I OF GOVER 3' H.15 RELEASEE%CLUDINO LONG-TERM TREASURY THIS BANK TREASURY BILL YIELDS ARE ON A DISCOUNT BASIS. MO DAYS EARLIER THAN DATE SHOWN PREPARED Ell FEDERAL RESERVE BANK OF ST. LOU13 i� ueek eivP- ale 7,7`� 7,77 7,70 �Z �/ 'f` ✓C'v��2E /y�FiO) 0�00 ,,C 0 Ur77 tt A, Number 1 1LAS )KA -E- z) 07-05-90 )C�, A,A TO Kena' Senior Ce i Ater CT Center Dining —Addition P "-)NE T F '-I v F-Y�' sTiNc. iT.MM, VV 0 h 0 L.V c �,"!3 0 to t,.. fl n f. ��. _ _. li�:r1 „ low. � ��"�I�C:� ..< � �tC �� _< e i c to FIrr."i-Lde vinyl s.-J. d i r, g i n --1i of t h e :hip: s a r-, i n g that. the doors and windows E:, :3 4 1:are_ c?j-,,2 thF-- s,,,,f 1J' t will have � wood strip showingf, r7 h e r e t 'I i y (15 the YT� ta1 soffit, - — --- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — To r. a, I E, ". t: $2, 256.00 p,of and jr; ronf,-rnihnco with 1ho existing contrccl spec-ified ELove at thIs price PREVIOUS CONTRACT AMOUNT REVISED COXITRACT TOTAL t h i Cr! t' f c, fla,- rs t r f C 7R I u r a INFORMATION ITEMS July 11, 1990 1. 6/21/90 R.A. Ernst letter to R.F. Guptell, MarkAir, regarding security plan. 2. 6/24/90 Public Employees Local 71/Pull Tab Location Notification. 3. July Chamber Chatter. 4. 6/28/90 AML Legislative Update regarding Fisheries Business Tax and Special Session on Subsistence. 5. 6/29/90 AML Legislative Update regarding Fish Business Tax. 6. 6/18/90 G. Sparks letter to G. Gustafson, Division of Natural Resources regarding clean-up/Kenai Jr. -Sr. High School area. 7. 6/28/90 newspaper article entitled, "Some Lobbies find being themselves, with flair, is better." 8. Final Pay Estimate/Kenai Municipal Airport Float Plane Facility Improvements, Commercial Slips. 9. Pay Estimate #8/Kenai Municipal Airport 1989 Improvements - Phase II/Runway and Taxiway "C" Overlay. 10. Planning & Zoning Commission Application/Kathleen F. Herold - Scott. 11. 6/18/90 W.T. Cotton letter to TJR thanking City for use of Council Chambers for the Alaska Judicial Council review of judge candidates. 12. 6/13/90 Affidavit of Richard Morgan regarding Burnett/Jones v. City of Kenai, et al. 13. 6/13/90 Affidavit of Thomas H. Wagoner regarding Burnettl'Jones v. City of Kenai, et al. 14. 6/22/90 R.A. Boyd, DOT letter of response to KK's 6/13/90 letter regarding placement of Kenai's Bicentennial sign on private property on the Spur Highway. 15. 6/29/90 BB memo to Council regarding telephone poll for more supplies for dust control. 16. 7/5/90 Disabled American Veterans, Chapter 2, Pull -Tab Notification. 17. 7/11/90 Transfers of Funds under $1,000. i 1791-19S CITY OF Kr-nm, 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 June 21, 1990 Mr. Robert F. Guptill Director Passenger Service MarkAir P.O. Box 196769, 4100 W. Int. Airport Rd. Anchorage, Alaska 99519-6769 Dear Mr. Guptill: The Kenai City Council met at 7:00 p.m. on June 20, 1990, and discussed Markair's request to begin jet service to the city of Kenai. I supplied the Council with preliminary information on what the costs might be to implement the required security plan under FAR Part 107 (see attached sheet). The Council considered the limited flight schedule, the cost to implement a new security system verses the benifit of full jet service, the use of City funds to exclusively benifit only one carrier, and the impact that a full security system would have on all the FBO's at the Kenai Airport. The consensus of the Council was that an expenditure of this amount of money was not warranted at this time. However,they would be willing to reconsider this matter after Markair has established itself in the Kenai market for a least a year and if Markair would be willing to share the cost of implementing this type of security system. We welcome the service Markair is currently offering the Kenai Peninsula and we hope you will find Kenai a suitable market for your continued service. If you have any futher questions on this matter, please feel free to call or write me. Sincerely, Rand Ernst Airport Manager RE/kh - DATE: June 24,1990 TO: City of Kenai FROM: PUBLIC EMPLOYEES LOCAL 71 RE: Pull -tab locations notification, r1JUN 1990 0 w To r Cl 'K r y C F <<Ol6g% Please find attached a list of pull -tab locations. There may have been addition and/or deletions since our last notification mail out. This is our continuing effort to keep you informed of our fundraising efforts in your local. It is our intent to work with you. As .any other changes occur, we will give notification. �i I PER4ITT'ED PULL -TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION Name of Business Facility Physical Address Phone No. Contact AAA Video 132 E. 4th Avenue 258-7646 Brad or Ace Anchorage, AK Ace's Inc. 305 W. Dinmd Blvd. 337-8349 Myron Ace Anchorage, AK 99515 Anchorage Video Mart 137 W. Fifth Ave 337-8349 Myron Ace Anchorage, AK Arctic Bar 623 Old Steese Hwy 488-9956 Vern Johnson Fairbanks, AK 99707 Bergmann Hotel 434 3rd Street 586-1690 Margarite Juneau, AK 99801 Barrett Bush Co. II 631 E.Int's Airport 561-2609 Bill Anchorage, Alaska Circle M. Bar 907 Old Richardson 488-9956 Vern Johnson North Pole, AK Car Wash 3607 Spenard Fad. 562-1155 Randy Hahn Anchorage, AK 99509 Central Motor Inn Mile 125 Steese Htay 520-5228 Robert Lerude Central, AK 99730 Chatanika Lodge 28.5 Steese Hwy. 389-2164 Randy Franklin Fairbanks, AK 99701 Copper Center Bar Mile 101 Richardson 822-9991 Pete Copper Center, AK Delta Food Mart Mile 273.7 Rich Hwy 895-4960 Steve Booth Fairbanks, AK Eska Trading Post Mile 1313.3 AK. Hwy 883-5343 Rex Jarrett Tok, AK 99780 Fantasy Land Video 1765 Richardson Hwy 488-0879 Wesley Fairbanks, AK 99707 Lancaster 49 er Club 1305 Sloan Street 48 626 Stile Rian North Pole, AK George's Hcmestead 10240 Old Seward Hw 522-9823 Spiro George Anchorage, AK 99515 KathySchuermeye Gold Rush 3399 Peger Road 456-6410 Lulu Fairbanks, AK 99701 Juneau Connection 287 S. Franklin 586-3985 Jed Slaughter Juneau, AK 99801 Klondike Inn, Lounge 1347 Bedrock St. 479-6241 Gary Shirley Fairbanks, AK Liquor Station 132 W. Ar'ctic 746-2337 Terry Palmer, AK 99645 Lonely Lady 528 Fifth Avenue 479-6162 Cecilia Fairbanks, AK 99701 488-2312 PLEASE RETURN TO: Division of Occupational Licensing Gaming Section P.O. Box D-LIC Juneau, AK 99811-0800 Attention: Kelcy Parsons, Licensing Examiner I THANK YOU! PEWITI'ED PUILr-TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SBCTION PUBLIC EMPLOYEES LOCAL 71 Name of Business Facility Physical Address Phone No. Contact Mecca Lounge 549 Second Avenue 456-6320 _ Deke Burnette Fairbanks, AK 99701 Northward Lounge 455 Third Avenue 456-6133 Deke Burnette Fairbanks, AK 99701 Midway Service Mile 61 Tok Hwy. 822-5877 Gene & Chris Gakona, AK 99586 Wilcox Mikes Place 1102 2nd Avenue 364-3271 _ Atdy Pusich Douglas, AK 99824 mom & Pop's TrunkRd.&Wasilla Hw 745-0333 _ Randy Frank Palrier, AK 99645 745-2197 Mug Shot 251 West Parks Fray. 376-1617 _ Zed Anderson Wasilla, AK 99687 Olson Gas 1 and 2 3607 Spenard Rd. 562-1155 _ Randy Hahn Anchorage, AK 99509 Palace Saloon 1028 Aurora Drive 456-5960 _ T n Taylor Fairbanks, AK Pinzon Liquor 129 Tatilek Avenue 835-4437 _ Richard Horton Valdez, AK 9686 Polaris Bar 416 Second Avenue 456-6441 Terry Franklin Fairbanks, AK 99701 R.J.'s Lounge 412 'Third Avenue 452-8806 _ Paula Butner Fairbanks, AK 99701 Silver Fox Mile 50 Parks Hwy. 892-6179 Henry & Wanda Wasilla, AK 99687 DunnevrTay Swinger c/o Ace's Inc. 305 W. Dimond Blvd. 522-1987 Myron Ace Anchorage, AK 99515 Valley Chevron P.O. Box 32856 789-2680 Charly Smith Juneau, AK 99803 Valley Country Store #1 1401 Inverness 376-7888 Denny Lilies Wasilla, AK 99687 Valley Country Store #2 1101 Bogart Road 376-4707 Denny Illies Wasilla, AK 99687 Valley Liquor c o Ace's 2596 Mendeashal Loop 586-366U Gary Fbrnier Juneau, AK 99801 Video North Mile 101 Rich Hwy. 822-5556 Paul Z�fiite Glennallen, AK Video X c/o Ace's Inc. 305 W. Dimond Blvd. 522-1987 Myron Ace Anchorage, AK 99515 Wine Seller Parks & Wasilla HYy 745-2197 Randy Frank Wasilla, AK 99645 Yukon Lounge 1410 Cuslynan 479-6241 Gary Shirley Fairbanks, AK Division of Occupational Licensing Gar:tirxj sections P.O. Box D-LIC Juneau, AK 99311-0800 ,Attention: Kelcy Parsons, Licensing EXaminer Greater Kenai Chamber of Commerce .� ;i' :: •i •• -yN:�1rV6: 'v_ �. i, ,�: y+``.,�,_ i , t vy"-• �:=;,,. .y•p � St• ��L,.th_,,ti J3•..y r".,tr' "2'��, F., l�ikM� 9Y'��c:'� .o:.,T;�S\. 'J.,•S:�'. :,;y1:'i '"t:: �Sr.. '!� ..: s-s ry'"^ .. y1N.:. F-7• ;4f �.r >7y. •2 � :y ,��. � eFt;�:•..:. S. ;. :.�1%s,'°r a s�F, FL-c�+i,�r;.,�a.: rS� 1 t aS �`.�'S.V.ti` 'lp:-S� y ylr i2, • rt t>(�••�� i� L. ;i`:�+y`d•{i.'=rl�f1 J` :.y !r� �L,,,I� ?t,... Q�`. �1_ �''...Y�• I �'.i1:.K� 4" ;n�;. t3 �'V lt:'.'p. v �:r,•y ij`.tF<':1. �. �'"•"i' 1N Sir F• S'^::::5� 'Y S :'�y, `,;; '�:_`.� '1 ,.:.r!it •{.'.P.. AT. ;}1e. '..•,>`j. ;{ i ur.�U(�z�? c �,� �•;�. � }'i :Z••.•:. .fiS4i.i;. ly,;}.i •a.r•.,� may,: ^: -vim 1 SSA, i Ky ':. . ti '{'.�_ y �� i't•� t:5` � fs , '�""�" =f�i?:ttCi �,� •U •ri < •.±%•.^s."rc i'G;:?:r: ,7�2'�. c.� :'sztk:¢> • C: W.c _ rr ciRW C �S',: �.� .•.�•. rL.`l'47,-�•_'..yit ]S[.. �:'�� s`'^ Z,��„`'S+ :ink f wS,;,` {fc'L`.'..' "c •<k!''�t ; rL�;:y Y�^:_i,�cs: ;!Y .•g Y"y'^;-ity. j CHAMBER MEETINGS SCHEDULED FOR JULY, 1990 KING OSCAR/NOON i 7/4/90 t.-. NO CHAMBER+'';' 1 '' ' COME TO THE PARADE! ' House Candidates- ' Dist. 5 Seat A i Mike Navarre and -� _�•. Ron Sartain i 7/18/90 Tony Knowles, ^ Gubenatorial Candi- date. 7/25/90 :-Dr. Robert Holmes 'j' t;- Borough Supertindent of Schools - NOTE: .,,Programs may ` a "change due to circumstances beyond ' the Chamber control DON'T FORGET "OUR" BEAR ��0 3 Offfc Kens,, (907) 283-7989 You won't be seeing the above in future. issues because the following DID NOT FORGET and because of their caring and their contributions we can call The Monarch of the Wild .... OURS! THANKS to individuals and businesses such as; FIRST NATIONAL BANK, VECO, KENAI BICENTENNIAL VISITORS AND CONV, BUREAU, TESORO ALASKA PETROLEUM, NATIONAL BANK OF ALASKA,UNOCAL, RALPH PEDERSON, PENNY & LLOYD DYER, MRS. HOWELL, CHEVRON USA, CAPT. MICK, MAYOR GILMAN, MARVENE SUNDBY, BILL & BARB WEBB, WILLA KONTE, KEY BANK, GEORGE & MARY FORD, JAMES & MARY HANSON, BISHOP LAKE STUDIO, KELLY ELECTRIC, TOM WAGONER, PAT O'CONNELL, CRYSTAL J. & ROBERT W. PENNEY, ARCTIC PIPE INSPECTION, WALT & SHIRLEY CRAYCROFT, BILL & ANN CURTIS, RON RAINEY, SHELL WESTERN E&P INC. BICENTENNIAL LET'S HELP THE BICENTENNIAL WITH A SURVEY THEY NEED FOR LOCAL BUSINESS INTEREST IN A MINT BICENTENNIAL COIN: They propose to mint several thousand coins with the Becentennial Logo on one side and information regarding Kenai on the other. The coin would be valued at $1 or $2 (dependent upon cost) and could be used as change and legal tender in individual businesses. At the end of the promotion (1991) the businesses who originally participated could cash the coins in and redeem legal tender. If you would like to participate and have an idea of how many coins you would be willing to purchase, please call the Bicentennial Office at 283-1991 and advise them of your anticipated participation. n m ANOTHER ELECTION YEAR An excellent time to take into consideration the :words of, (?)- who said: "YOU BELIEVE AS YOU LIRE, DISCUSS YOUR DIFFERENCES, 'BUT'RESPECT MY BELIEFS AS RESPECT YOURS.,� —; : - 51 WIN, $;NEV ER;SHOULD WE STOP BEING . `' FRIENDS; NOR, SHOULD WE _HARM ONE ANOTHER FOR ANY n� : REASON.':$; SIMPLYBECAUSE WE DISAGREE," kSELF=GR�ITIFICATION A'tA WONDROUS TIiING r, xAil dr you, as' a busriness ; '�personregh'ze'that" �� ;- az� ram.. ��• � s ;: - 'representat ye, hears. 'that -one � ouzreferrals has} bee -oll� owed, or one �ofc�ur uggestionsas �1 h�elpe " EL_ GOOD I .'* We^'.gsr�cange some thanks ; havebeen Grirnm'& Associates (907 262-1021 ^f�rr5> It's Time..: Guides & Charter Boat Operations for your Brochures & Cards HAVE YOU NOTICED A CHANGE IN HOW CERTAIN WORDS HAVE AQUIRED NEW CONNOTATIONS? Examples: PROFIT "used" to be something everyone should strive for, now it "implies" greed and avarice. PRO -DEVELOPMENT "used" to be a word that implied jobs, income, taxes to pay teachers, pave roads, build infrastructures, improve our quality of life, now it "implies" the opposite. Now that an election year is on us again, we should pay attention to what "used" to be and what is "implied". PROFIT and DEVELOPMENT are still the things which pay for what we all need and enjoy., We need to pay attention to who we vote for and whether or not: they subscribe to the old or the new connotation. If we want to have decent schools, good wages for our teachers, roads to get to and from, jobs and income for our families, alot of people are going to have to re -think these words and get out and VOTE. Pats on the back do wonders to make a hectic job more enjoyable. Executive Director of our Chamber of Commerce and no one seems to pay attention to me ' ju} 1 July 1990 Sundry Monday Tuesday Wednesday Thursday Frlday r-- Saturda,� BICENTENNIAL AIR FORCE BAND AIRFORCE BAND f ITG. CONCERT KENAI MALL NO BOARD MTG, AIRSTREAM Kina Oscar's K.C.H.S 4TH JULY 5-6 PM, CARAVANS 1 1.303m. Auditorium PARADE 12 NOON AIRFORCE BAND ARRIVE 7.30 - 8.30.PM DOWNTOWN K.ENAI Brown B,.g 12 Noon CRAFT & FOOD Gar.ebo BOOTHS. 7PM Senior r5,-O- Center 2 3 4 5 7 ALLIANCE MTG. CHAMBER MTG. SPORTSMAN'S CHAMBER BOARD King Oscar's King Oscar's CARAVAN MTG. MOOSE RIVER 11.45 am. 12 Noon ARRIVE. 12 NOON RAFT RACE KING OSCAR'S Mike Navarre, Ron Sartain and State Fair Queen Contestants. MOOSE RIMER RAFT RACE 1® 11 12 BICENTENNIAL CHAMBER BOARD MTG. MTG. King Oscar's King Oscar's 1 1.30am. 12 Noon Tony Knowles Gubernatorial for Govenor 13 '1 4 SOLDOTWS NO BOARD PROGRESS DAYS MTG. 21 - 31 BEAUTIFICATION JUDGING 15 15 17 1-8 _ 19 20 21 ALLIANCE MTG. CHAMBER BOARD CHAMBER BOARD King Oscar's MTG. MTG. 11.45 am. King Oscar's 12 NOON 12 Noon King Oscar's Boro School Soldotna /Kenai 5uperintendant Softball Dr. Robert Tournament Holmes. 7PM. KENAI 22 23 24 25 26 27 20 Kenai Chamber of Commerce 402 Overland Kenai, Alaska 99611 (907) 283-7989 Kcl----k� A A A Created with CalendarMaker— by CE Software, 515-224-1995 ti 0 41'H OF JULY sc,lin i,, OF ':VENTS "A SALUTI: TO BUSINESS & i DUSTRY" 3RD OF JULY, 1990 AIR CO',,UAND BRASS QUINTET Kenai Senior Center 11 to AIR COMA{,' ND RAND CONCERT Kenai Central High j4 7:30 to 8:30 {� 4TH OF JULY, 1990 io, NOON: PARADE: Fidalgo to Willow � to Spur to Cabin. 1:00 BOOTHS ON FRONTAGE ROAD VIA to 3:00 Senior's Pie Eating Contest '.A Concessions Stands:t,.v;s. Raffles Games and Entertainment fir' Children's Camcs in base- ment of Neu, Covenant t Church on Frontage 1 : 00 GA2iES , CO;ITESTS & RELAYS i y TO BENEFIT THE "FIRE- SAF: HOUSE" at Kenai �t Mall Parking Lot?r 5TH OF JULY, 1990 ATE, COMMAND BAND at Kenai Carr's Mall 5PM-6PM 6TH OF JULY, 1990 AIR COMMAND BAND at Leif Hanson Gazebo at NOON Brou-n Bag Lunch AIR CO,',M1I�D BAND at Kenai Senior Center (ALL AIR CO"f" A D PERFORMANCES ARE AT NO CH1??G?' TO PART ICIPAitiTS) r t i r r i i I BOARDWALK UPDATE Get your hammers and nails ready Gang! With the help of our new Director, Bill Nelson, the City of Kenai's Keith Kornelis, Jack La Shot, Charlie Brown and last, but far from least, Bill Brighton, we have something ready for the City Council. Upon approval of the City Council we hope to begin purchasing the materials for construction of the boardwalk modules at Cray — croft Chrysler's shop. At that time we will accept all able— bodied bodies to get this task built and ready to transport and place in accordance with previous plans. You can call Bill Nelson at 283- 3583 if you have materials, equipment or manpower to help on this project which will be of benefit to all of us in the future. Kenai Bicentennial BINGO EVERY FRIDAY NIGHT American Legion Hall Cook & Main in Kenai A compilation of alibis which have been given for not investing in the community's future through Chamber of Commerce membership. - CASE NO. 1 "No time for it" -77 You don't have time to answer hundreds of requests for -- ; information or help bring an industry into town either, do you? i;. But you know it is being clone. If you are unable to support with both time and money, It is esper,ially important for you to } financially cooperate with your fellow l;usinessrncn who make ' up various committees and who ARE taking time out from their business to help YOU. WHAT HAS THE CHAMBER STAFF AND DIRECTORS DONE ; FOR YOU THIS PAST MONTH? Number One We`ve been sa busy. we _barely had `time to'�` "put this month's bulletin- ' together I_ l I -rryrngy.to;ootain up-to-,aace names, phones and`addiesses' of candidates to'' the"�manq's' open seats has taken days,; but,` we. think we got. most y' yof them and anticipate,soe' very informative Chamber% Meetings this next few' months r .4, µif � > �w �'�•�• :,The ALPAR youths`, and .supervisor have been and should be'.starti' ..fin.. .'i:�sT )4 U'>t✓` a'r, ..;d, cleaning: up .'.our area time"you receive thi GIVE THEM AHONK &IA They areorking to our area a prettier' pla e'gto'`live:?` The c 1-t—tee; for"the�;NEW= COMERS COFFEE his mceti"ng and gearing up foranother get.`.together-, ni July:' =if you have brochures„`or couponsa =to addtoour ;giveaway== 4,6,� packets _you had best `get" them'. to us prior to' July,l3th: THE FOURTH OF JULY IS HEREI June has"been spent getting committees, groups, buss="t. nesses,"industry, individuals, everything and anything put}'sl. together for what we hope -,"'I. is a bigger and better than; ever event.: -The response has been tremendous and we antici- pate A.LOT OF FUN! t 13 NEW & RENEW MEMBERS MORE ON THE WA,Y!!!!!!!! THE CHALET TOM & SUE WRICHT WHISPERING POND B & B COHOE COVE RV PARK AND THANKYOUTHANKYOUTIIANKYOUTHANKYOUTHANKYOU FISHING KENAI BUSH ADVENTURES VOLUNTEERS ARE WONDERFUL! We've all known DOREEN & WM. PENNING that for some time but this summer we, here at the cabin, have been blessed with two 1990 BOARD OF DIRECTORS ladies that volunteer their time, Monday President ...... :Laura Measles through Friday from 10 A.M. till 2 P.M. Vice President —Walt Craycroft They help Eleanor with visitor inqueries, Pres. Elect ..... Bill Coghill brochure stuffing, restocking, phone and Secy/Treas...... Jeff Belluomin:i anything else that needs to be done. We DO Past President —Ron Rainey appreciate them and hope all of you give a Director. Peggy Arness special thanks to: Director Bill Brighton RUTH GODFREY Director Linda Chivers and Director Val Edmundson FERN HAWKINS Director. Ed Garnett Director Dick Hultberg In addition to the volunteers we have hired Director Willa Konte Marilyn McCrosky to fill in for Eleanor when Director Art McComsey she needs time off and to cover the weekends Director- Bill Nelson during the summer months. Marilyn worked with Director Steve Weise one of our long-time friends, Marvene Sundby Director 'Tim Wisniewski and she is a delightful addition to the cabin Director 'Tom Wagoner staff. Drop by and meet her someday. Director Jerry Wortham I WILDWOOD STAFF AND RESIDENT for the work done Staff: l on our membership Log Cabin Plaques. We will Director ........ Ann Curtis" - be contacting a number of members who have Assistant ....... Eleanor Thomson 4 been without plaques for a long time in the P/T Asst......... Teri Hogue near future to let them know they are avail- P/T Asst...'.....:Marilyn McCrosky abile. (Just one more example of how some Volunteers: =, of our goals are accomplished with the help Ruth Godfrey of VOLUNTEERS). Fern Hawkins ' ADDRESS: 402 Overland Kenai,' Alaska 99611 PHONE: (907) 283-7989 Greater Kenai Chamber of Commerce BULK RATE 402 Overland U.S. POSTAGE Kenai, Alaska 99611 PAID KENAI, AK 99611 .� Permit No. 12 � Pre-Sort CITY OF KENAI 210 FIDALGO AVE. KENAI, AK 99611 Greater Kenai of Commerce JUI; c '9lJ 91 U7, U 4I�IPHC LEH-GUE P.1• TEL P!+UNIE (90',) 580.1325 FAX 463.5480 217 SECOND STREET 5l1I i t :uv JUIN EAU, ALASKA993U' 252621,?8�, FAX COVER LETTER Date: June 28, 1990 Total pages w/ cover: 2 nN 9�O cv ;L:cK C-17 CI YcF" . PI/ Following pages are for: AML Board Members, Legislative Committee, and Municipal Members From: Scott A. Burgess, Executive Director LEGISLATIVE UPDATE -- Chalk up another success for AML! On Wednesday, Governor Cowper signed HB 456, which will provide for a sharing of fisheries business tax receipts from processors located outside municipal boundaries with communities affected by the fishing industry. Under provisions of the bill, municipalities will receive additional revenues starting in FY 93, under a formula to be worked out by the Department of Community and Regional Affairs, The League and its members will need to work with the Department to develop an equitable formula. Establishing a program to share these tax receipts with affected communities was a priority of the League during the 1990 session. All those who worked to develop the final version of HB 456, convince legislators to pass it, and convince the Governor not to veto it (in spite of the opposition of the Department of Revenue) deserve a hearty "Thanks." Special thanks to Representative Peter Goll of Haines who sponsored the bill. As you know, the Legislature is currently in Juneau struggling to deal with the subsistence issue. An up-to-date (as of Wednesday night) report on what is happening is attached. if transmission is incomplete, please call (907) 586-1325 (voice) SIEMSEk OF TH: NATIONAL LEAGUE OX CITZE ANC THE NATIONAL ASSOCIATION OF COUNTIES 1 Jut 4 2S'� l c-u 1 1 L" I;1: MUI I I �-- I Pf 4L LEiziGUE P. c SPECIAL SESSION ON SUBSISTENCE END OF THE THIRD DAY Summary 7, 9'\ s Tj 1 y_. lV �u, oJ CITY C! E<K ,�,Ty OF VF•.� �, The Senate has passed three bills over to the House for consideration. They are part of a package of four bills that the Senate hopes will meet the intent of ANILCA, enabling the State to .retain management of fish and game. Briefly, the package: 1) requests that the stay issued in the McDowell case be extended; 2) creates a subsistence commission to study the question; 3) proposes an amendment to the Constitution giving the Legislature the authority to grant preferences; 4) defines the term rural in a manner similar to the federal regulations, with characteristics listed to determine whether communities between 2,500 and 7,000 are rural; and 5) requests that the Congress defer to the State definition for terms not specifically defined in ANILCA. The only bill that has not passed is the proposed amendment to the Constitution. A vote was taken Wednesday night and failed 12 to 8 (Coghill, Fahrenkamp, Faiks, Fischer, Frank, Halford, Jones, Uehling). Reconsideration was filed, to be taken up Thursday. Two members are expected to change their votes, providing the minimum 14 votes needed for passage. The House Resource Committee passed the companion bills (i.e., same as the Senate package) Wednesday night and is expected to vote on them Thursday. They made one small, intentional change so that a conference committee would be required. If a vote were taken Wednesday, the constitutional amendment would not pass the House; the Speaker feels he would need to gain five Republican votes in order to pass it. Intense pressure will be focused on a few members Thursday in an attempt to gain the essential 27 votes. Many alternative schemes have been offered, and it is likely (should this package fail) that the session will produce some attempt to buy time before federal management begins. The question now is whether the chosen scheme will be effective. Adjournment is technically possible on Thursday, but more likely on Friday. JU14 2-19 140 09:10 4 HUHICIF TELEPHONE (907) 586•1323 FAX 401.5480 Date: June 28;, 1990 LEAGUE & 1' 4&?-WW �o J 2t7 SECOND STREET, SUITE 200 JUNEAU, ALASKA 99E01 FAX COVER LETTER Total pages w/ cover: ' 1 Following pages are for: AML Board Members, Legislative Committee, and Municipal Members From: Scott A. Burgess, Executive Director LEGISLATIVE UPDATE -- -- Chalk up another success for AML! On Wednesday, Governor Cowper signed HB 456, which will provide for a sharing of fisheries business tax receipts from processors located outside municipal boundaries with communities affected by the fishing industry. Under provisions of the bill, municipalities will receive additional revenues starting in FY 93, under a formula to be worked out by the Department of Community and Regional Affairs. The League and its members will need to work with the Department to develop an equitable formula, Establishing a program to share these tax receipts with affected communities was a priority of the League during the 1990 session. All those who worked to develop the final version of HB 456, convince legislators to pass it, and convince the Governor not to veto it rain spite of the opposition of the Department of Revenue) deserve a hearty "Thanks." Special thanks to Representative Peter Goll of Haines who sponsored the bill. if transmission is incomplete, please call (907) 586-1325 (voice) MEMEF,R OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCrATIC N OF COUNTIES 1791 - 1991 c�`D CITY OF KEK 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 June 18, 1990 Gary Gustafson Division of Natural Resources P.O. Box 107005 Anchorage, Alaska 99510-7005 Re: Kenai Peninsula Borough Parcel No. 045-010-06 Dear Mr. Gustafson: The Kenai Beautification Committee has been coordinating cleanup efforts in the Kenai High School -Junior High area along the Kenai Spur Highway for the past several years. As Chairman of the Beautification Committee, I am writing this letter to obtain the State of Alaska's permission to cleanup the above referenced parcel. We would like to go back no more than 20' or 30' fram the bike path already established. The work to be done would include the removal of dead trees, clearing of the undergrowth and the thinning of trees that have grown too close together. Please respond in writing as soon as possible so that we may begin the cleanup if permission is given. Thank you. Sincerely, Geraldine Sparks, Chairman Kenai Beautification Committee GS/kl Some lobbies find being themselves, with flair, is better By BRIAN S. AKRE Associated Press JUNEAU -- Some special in- terests are successful at lobbying without contributing a cent to legislative campaigns. Their secret? In most cases, they are nonprofit groups repre- senting a bloc of voters that legislators are reluctant to of- fend. "They don't fund -raise, they can't make contributions, but they are some of the most effec- tive organizations," lobbyist Sam Kito Jr. said. One example this year was Seniors for Congregate Housing, which got $3.8 million from the Legislature to build a 40-unit housing project for the elderly in Kenai. The volunteer group used a mixture of publicity stunts and well -coordinated lobbying to achieve its goal. The stunts began in Decem- ber, before the legislative session began, when the group delivered to the governor a Christmas tree with ornaments representing its own version of the "12 days of Christmas." That was followed over the next four months with deliveries of cookies and fudge to all 60 legislators and the Capitol press corps. Each delivery came with a written plea for the housing project. Near the end of the ses- sion, the group gave lawmakers floppy -eared "fuzzy bunny pins" that read, "'Ears' hoping you remember congregate housing." The group also sent two mem- bers to Juneau in the session's final weeks to lobby legislators, and mailed to lawmakers 2,000 postcards with an artist's render- ing of the housing project. "It was a matter of constantly keeping it in their attention, making the project known," said Pat Porter, project director for the Kenai Senior Center. Porter estimates the group spent about $2,000 on its lobbying effort. Like many non-profit groups, Seniors for Congregate Housing did not report its lobby- ing expenses and its volunteer lobbyists did not register with the state, even though they were re- quired to do so. Brooke Miles, lobbyist regula- tor with the Alaska Public Of- fices Commission, said such groups usually are unaware of the lobbying law. APOC does not investigate whether they are complying with the law unless a formal complaint is filed, she said. --L` D ' 17 i ..PAY ESTIMATE Page -4 � N 0 iNAL� CITY OF KENAI Kenai Municipal Airport Float Plane Project Facility Improvements Commercial Slips Contractor Foster Construction Address PO Box 303 FOR tttfitZIL MLEIM& OF p i1190 %r. -.---0 AttWq Wwrks --• 0 City ewe 90M srii w to-�-. Subm( tip twialY OK QN0 QYM ----w. Qo-~ Soldotna, AK 99669 Project No. Phone 262-9139 Period From to ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE O1 Original contract amount �2 Net change by change orders OAdjusted contract amount to date S 55,240.00 ✓ ANALYSIS OF WORK CTIPLETED OOriginal contract work completed O5 "Additions from change orders completed 4� OMa'!t"rials stored at close of period 425 Total earncd O + 0 + OG = Less retainage of z Percent Total earned less rctainagc DLcss amount of previous pay111c11ts 11 Qalancc duc this paymcnt qe?9, o � L/6 9S3. 5-5- 5 q/t e -74c Page PA Y E S T I M ATE N0 :8__ CITY OF KENAIK Kenai Municipal Airport - 1989 Improvements - Phase II Project Runway & Taxiway C Overlay Contractor Quality Asphalt Paving Address 4025 Rasberry Anchorage, AK 99502 Project No. A.I.P. 3-02-1042-07/ Phone. 243_22]-2 Period From 6/14/90 to 6/29/90 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE O1 Original contract amount $ 986,642.80 O2 Net change by change orders -TP% -0- J� 0 OAdjusted contract amount to date4n- 0 G G G) G 1 Cl 11 ANALYSIS OF WORK .COMPLETED Original contract work completed — Additions from change orders completed — Materials stored at close of period — Total earned O +O5 +O6 = — Less retainage of 2 percent — Total earned less retainage O7 - O = 919,622.49 Less ,amount of previous payments 668,337.1]!. Balance clue this payment 251,285,38 n� S i3 $ 916,171.13 ✓ 1,867.08 20,352.09 938,390.30 18,767.8-1 - CITY OF K 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 ��-�2345�]� a1 JUL jag0 CITY OF KENAI=IE:zK• �F KEhgI �� BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMEN COMMITTEES AND COMMISSIONS NAME KATHLEEN F'. HEROLD-SCOTT Resident of City of Kenai? 3 years How long? Mailing Address308O Kim-N-Ang, Kenai Tel. 283-5130 Bus. Address Presently employed by Job Title Name of Spouse Robert L. Scott Current membership in organizations: Please see attached resume Past organizational membership: - Please see attached resume ' Committees interested in: Planning Commission Signature Tel. .z Kathleen F. Herold -Scott 3090 K i.m-N-Ang Court. I� enai, AlasC a .-��=61 ' 0 5r OBJECTIVE To cont.l":Lf:al.te to AIclsI:a"s development and growth by participating on a local, regional and statewide basis in the creation and maintenance of a stable economy.. HISTORY Life-long Alaskan with 15 months residency in San Diego. California (1986-87) Tw21.ve years municipal government employment - Borough Clerk:, Matanuska-Susitna Borough 1967-68 - City Clerk, Bethel 1970-7 C - Cite Clerk, Homer- 1979- 5 - Economic Development Coordinator- & Personnel Officer City of Homer, 1985-86 Certified Municipal Clerk: 1987. Past -President, Alaska Association of Municipal Clerks, 198.' Past Director, Int'1 Institute of Municipal Clerks, 1986 Advisory Board, Homer- Branch, Kenai Peninsula College, 1986 Exec. Dir. Teshio, Hokkaido, Japan, Homer, AK Sister Cit- Pr-ogram 1.984-86 Miss Alaska State Program, Boardmember_ Exec. Dir., Soldotna Chamber- of Commerce & Manager, Kenai Peninsula Visitor Center, Soldotna 1987-90 CURRENT Governor's Appointee, Alaska Tourism Marketing Council - Chairperson, Public Relations Committee - Designated ATMC Representative on Alaska Amateur - Sports Authority Kenai Peninsula Chapter, Alaska Visitors Assoc., Past Fr pv . Homer- Chamber of Commerce, Honorary Lifetime Member' Soldotna & Kenai Chambers of Commerce, Member Toastmasters International, Soldotna Chapter, Member Pioneers of Alaska, Kenai Igloo y Kenai Emblem Club. Member - Kenai Art Build, Member and Boardmember-elect United Way, 1990 Campaign, Kenai Co -Chair Soldat.na Festival of Trees, 1990 Chair- New frontier Voc_-Tech, I=ioardmember- �!_ s. alaskB judicial council ALAS 1029 W. Third Avenue, Suite 201, Anchorage, Alaska 99501 (907) 279-2526 FAX (907) 276-5046 EXECUTIVE DIRECTOR William T. Cotton June 18, 1990 Timothy J. Rogers City Attorney City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mr. Rogers: NOWATTORNEY MEMBERS HilbertJ. Henrickson, M.D. Leona Okakok Janis G. Roller ATTORNEY MEMBERS Mark E. Ashburn Daniel L. Callahan William T. Council CHAIRMAN, EX OFFICIO Warren W. Matthews Chief Justice Supreme Court I wanted to thank you and the mayor for letting the Judicial Council use the Kenai City Council chambers to conduct its public hearing and meeting on June 5th. While the decisions the Council had to make were not easy ones, the Council appreciated being able to meet in such a nice facility. Hopefully the governor will appoint the new Kenai :judge as soon as possible. I am sure that a second superior court judge in Kenai, whoever it is, will take some of the pressure off -the very heavy Kenai case load. Again, thanks for all your help. Very truly yours, William T. Cotton Executive Director WTC:mcm BERG K SMITH "K- STREET SUITE 500 OR 11K 99101 07) 6363 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI WILLIAM M. BURNETT and JILL BURNETT, ) Plaintiffs, ) VS. ) CITY OF KENAI, ALASKA and RICHARD MORGAN) Defendants. ) DOUGLAS F. JONES, et al., ) Plaintiffs, ) VS. ) CITY OF KENAI, ALASKA and RICHARD MORGAN) Defendants. ) STATE OF ALASKA 3KN-88-850 Civ. 3KN-88-926 Civ. ss. THIRD JUDICIAL DISTRICT ) RICHARI) MORGAN, being first duly sworn, deposes and states: 1. I am a party to this lawsuit. 2. I am the person who signed the lease with the City of Kenai on June 7, 1985. 3. I understood that I was agreeing to hold the city harmless from any claims for personal injuries or property damage for accidents occurring on the golf course. 4. It was never my understanding that I was to indemnify the City against condemnation claims or claims based upon unknown defects in the City's title to the property that it was leasing to me. Dated this 13 day of June, 1990. AFFIANT: Richard Morgan SUBSCRIBED AND SWORN TO before me this %3 day of June, 1990. I hereby certify that a true copy of the forego ng was mailed on the day of June, 1990, to: Victor Krumm, Esq. 711 "H" St., Suite 440 Anchorage, Alaska 99501 Andrew Guidi, Esq. Delaney, Wiles, Hayes, Reitman & Brubaker 1007 West 3rd Ave., Suite 400 Anchorage, Alaska 99501 M rk A Sandbe MC�ZGAN/AFF/ 2 GLORIA 3ERG & SMITH "K" STREET SUITE 500 -)RAGE, AX 99501 V 1 776 • 6363 Notvly Public in and fo aska My ommission Expires: _�� 2 0 C::'�o /0 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI WILLIAM M. BURNETT and JILL BURNETT, ) Plaintiffs, ) VS. ) CITY OF KENAI, ALASKA and RICHARD MORGAN) Defendants. ) } ) DOUGLAS F. JONES, et al., ) Plaintiffs, ) VS. ) CITY OF KENAI, ALASKA and RICHARD MORGAN) Defendants. ) 3KN-88-850 Civ. 3KN-88-926 Civ. STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THOMAS H. WAGONER, being first duly sworn, deposes and states: 1. I am not a party to this lawsuit. 2. I am currently retired. My mailing address is 4040 Primrose Place, Kenai, Alaska 99611. 3. I was the Mayor of the City of Kenai from 1933,to 1986. DBERG K SMITH 10 "K" STREET SUITE 500 tic il. (9C 6.6363 r G u SMITH STREET -E 500 �;E. AK 99501 76.6J63 4. I was the Mayor at the time that the golf course lease (Exhibit "A" to this affidavit) was signed on June 7, 1985. 5. It was our intention that Mr. Morgan indemnify the City against personal injury or property damage claims arising from accidents on the golf course. 6. It was never our intention that Mr. Morgan indemnify the City against condemnation claims or claims based on hidden defects in the City's title to the land it was leasing. Dated this _day of June, 1990. AFFIANT: THOMAS H. WAGONER SUBSCRIBED AND SWORN to before me this_ day of June, 1990. I hereby certify that a true copy of the fore oing was mailed on the day of June, 1990, to: Victor Krumm, Esq. 711 "H" St., Suite 440 Anchorage, Alaska 99501 Andrew Guidi, Esq. Delaney, Wiles, Hayes, Reitman & Brubaker 1007 West 3rd Ave., Suite 400 Anchorage, Alaska 99501 By No ry Public in and Alaska M Commission Expir —1�7—� G. 0 DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES June 22, 1.990 so ^/ Recehr�s /I�OYe %ft Dot ,� e Keith Kornelis $t E! ZLV'� Public Works Director City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mr. K:ornelis: GOVERNOR f f CENTRAL REGION 4111 AVIATION AVENUE PO. BOX 196900 ANCHORAGE, ALASKA 99519-6900 TELEX: 25-185 •••••?I'.R+M 1...,.gy�.li.tM�vf M{'ITS!„IMw.w. Thank you for your letter of June 13, 1990 concerning placement of Kenai's Bicentennial sign on private property on the Spur Highway. Since the sign mentioned in your letter is not to be located within the present or proposed right of way and the Spur Highway is not on the Federal Interstate System, I foresee no problem in this construction. If at some future time the right of way should expand to include this site, an airspace agreement could be entered into to permit continued existence. Sincerely, at-+ A -&--a Robert A. Boyd Peninsula District Superintendent. cc: John Withey, Right of Way 1791-1991 CITY OF KENAI „del lea 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 203 - 7535 FAX 907-263-3014 June 13, 1990 Bob Boyd DOT/PF 44149 Sterling Highway Soldotna, Alaska 99669 Re: Welcome to Kenai Sign Dear Bob: The Kenai Beautification Committee would like to place a large sign similar to the drawing enclosed on the Sterling Highway at or near Big John's which is between Sterling and Soldotna. This sign would be placed on private property back far enough so that it will not interfere with the road widening project. It will not be in the State right-of-way. The Committee is presently in the process of selecting the design of the sign and will contract for the finishing and installing of the sign soon. However, as I mentioned on the phone we want to make sure that there are no problems. Please respond in writing as soon as possible so we can proceed or make any necessary changes. Thank you. Sincerely, Keith Kornelis Public Works Director cc: Kayo McGillivray, Parks and Recreation Director KK/kl 1791-1991 CITY OF KE' "Od igdpdai 4 4ia� - 210 FIDALGO KENAI, ALASKA 99811 TELEPHONE283-7535 FAX 907-283-3014 TO: CITY COUNCIL FROM: BILL BRIGHTON, CITY MANAGER DATE: 06/29/90 SUBJECT: TELEPHONE POLL - MORE SUPPLIES FOR DUST CONTROL The Kenai Public Works Department requests Council approval to issue a Purchase Order to Quality Asphalt in the amount of $4375.00 for one distributer truck and one man ($125/hr @ 35 hrs. ) and a Purchase Order in the amount of $5180.00 to Chevron USA for CSSI ($185/ton @ 28 ton) for dust control on the City's unpaved roads. Authorized By: Wi am J. ighton City anager Funds are available in account no. o o / -73, Q -- -2 3 4- �'5-,? ' Charles A.n BrownFinanp.e Director Attest: ��.�0-1 / Carol Freas, City Clerk Yes No Mayor John Williams a�-4 nLa�cu}� -luo Ray Measles --X- Kevin Walker x Hal Smalley 3 'C' " `i Linda Swarner Marj O'Reilly Chris Monfor DATE: July 5, 1990 4 5 6 789>> fill 10nn 00 {, m N N LE K v S�,DC'�C'Z�IZOV6�� TO: City of Kenai FROM: Disabled American Veterans - Chapter 2 RE: Notification mail out Please find attached locations of pull -tab activities that may or may not be within your jurisdiction. Please update your records accordingly. PERAITrM PULL -TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GA-MING SECTION Name of Business Facility Physical Address Phone No. Contact Big A1's P.O. Box 649 262-4216 Altcn Priest Kasiloff, AK 99610 Bishop Creek Mile 25 N. KenaiRi. 776-8216 Linda Kenai, AK 99611 776-8514 Lauthridge Blue Crouse Mile 17.5 North Rd. 283-4281 Richard Cbcper Kenai, AK 99611 283-4233 D.J. Mieelhouse 215 Fourth Avenue 224-5536 Doris Cbra)ran Seward, AK 99664 Drearnland Bowl 202 Fifth Avenue 224-3544 Kim Kowalski Seward, AK 99664 Duck Inn Mile 19.5 K-BeachRdl Dan Kenai, AK 99611 Eadies 3.5 Spur Hwy. 283--3089 Ethel Henderson Kenai, AK 99611 Forelands Bar Mile 20 Kenai Spur 776-9907 Ron & Rose Kiel Kasiloff, AK 99610 Great Northern Video Nikiski Mall 776-6823 Wilma Hampton Nikiski, AK 99635 Katraai Hotel 10800 Kenai Spur R3 283-6101 Jim Singre=_ Kenai, AK 99611 Larry's Club 12656 Spur Rd. 283-9935 Dave Nikiski, AK 99635 Laura's Liquor 608 gain Street 424-3144 Laura Brown Cordova, AK 99574 Longmere Liquor Mile 88.5 Sterling 262-1068 John Cho Soldotna, AK 99669 Maverick Club 44698 Sterling Hwy 262-7979 Janet Soldotna, AK 99669 13�a►�9�� t 1i ;7�i1►i7a Division of Occupational Licensing Gaping Section P.O. Box D-LIC Juneau, AK 99811-0800 Attention: Kelcy Parsons, Licensing Examiner THANK YOU,1 PERMITTED PULL -TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION DISA SLED AMERIC,AN VETERANS - CHAPTER 2 Name of Business Facility Physical Address Phone No.. Contact Noose Pass Inn Mile 30 Seward Hwy. 288-3110 Linda Sherrill Seward, AK 99631 New Seward Saloon 217 fifth Avenue 224-3-95 Dolly Seward, AK 99664 Nightwatch Mile 96 Sterling Hw 262-7020 Rusty Jory Soldotna, AK 99669 North Bar Mile 132 SterlingW 567-3442 Daryl Chaw Ninilchik, AK 99639 Packers 36185 Kenai Spur Rd 262-4670 Tack Lee Soldotna, AK 99669 262-4670 Pit Bar Mile 3.5 Seward Hwy 224-3006 Doug Janes Seward, AK 99664 Pizza Pete's Mile 1 2 Spur Hwy. 262-5306 Art & Angela Soldotna, AK 99669 Argyropoulos Pizza Nicks 565 E. Pioneer 235-6921 Nick Bairamis Honer, Alaska 99603 The Place Motel & Bar Mile 18 North Rd. 283-9915 John Young Kenai, AK 99611 Bay's Waterfront Small Boat Harbor 224-5606 Ray Simutis Seward, AK 99664 Robinson's Mini Mart 50535 Kalfcnski 283-9364 George Kenai, AK 99669 Short Stop Grocery 34770 K-Beach Rd. 262-5112 RDsann Soldotna, AK 99669 Soldotna Inn 35041 Spur Hwy 262-9169 Michael Sipes Soldotna, AK 99669 Sourdough Roadhouse Mile 147.5 Rich Hwy 822-3355 Jim & Marvelee Gakona, AK 99586 Fuectiiel Speedy Mart Mile 26.5 Spur Hwy 776-8283 Myron Nikiski, AK 99635 Christianson Short Stop Mkt & Liquor Mile 1.6 Nash Rd. 224-3885 Connie Seward, AK 99664 Bencardino Tips Bar 12349 Old Glen Hwy 694-2372 Norma Eagle River, AK Vaughan's Mini Mart Mile 18.5 Kalfonski 262-4252 Vaughan Soldotna, AK 99669 Dablemont Video North Mile 101 Rich F1wy. 822-5556 Paul Miite Glennallen,AK 99588 PLEASE RETURN Tlx: Division of Occupational Licensing Gaming Section P.O. Box D-LIC Juneau, AK 99811-0800 Attention: Kelcy Parsons, Licensing Examiner THANK YOU! tr� s~ H �� (d� N aG .A [A w U LZ (Tf O U U r-1 ctf U) rO :j Q) y4 S4 O �l U a) f4 rd rd U) 4a S4 4J 1~ U U) 10 O r-: O r- .rA U) U +� CDU Q) z U rd U) N > �4 :� E ;j Q) i4 �4 >~ +J +J a4 :� rd r-+ (1) rd Q4 U) >C r I U �4-r•I 4J R4 --, � >~ rd Ra O rd �+ o �+�--ir401> ) 4-)Er~ N O O ro Q) ?r O 4 3 o U) -H b) UU) rid U) U) m r-I rd �4-P rd rd I~ rd U rd rd i 4 .r•-I 4 1 -A -,I r7 N rd rd rO U r- 14J U U U rd ,-AQ)()�:j c), () �4 a) rd a) >4 �4 a 1 r.: �JQ) �J �Ja) xzaa4A C:a U wa >4 � U W O U) U) ul O r I U) U) Q) I O 04 O p -4 04 _ O O O nNHa) o U ZO W Lr� P :E� :E� r-A r-I U) OI z w cd r rd u] O Ix O } L.i U) Z = m a) O u) rn - U a v 'as c w ya tr c 104 &a a U) a U) O 4' c U) • (n p • U) �►— U 44 a-H La ta w 4-4 104 >4 14 OOzo a,oaa L a� o000 0000 co 4-) o000 0000 ornoo �rrnoo L O or-mC) .::tr0poo r-i Ol N M M M LO O >1 +) O .rq �q r-1 \ U 4-) ( v W U N >~ 4J M +4 � U rd +) N X rd 3 r� �4 S4 Nw Q PQWm U)) 000 0 00 NI rnrnrn rn rnrn rd ao 0o 0o m o iU 1i 1 ei 1i -) - c LLGo I =IL- I L 27_1 1 i 6. 1 2- - , .i Ur+.EAU r .1 C. `32 p o o 0 0 0 0 0 o Q o ��ii I o o �aii g1 o g o o 0$ o a a e d a� o a e o a 0 0 o a o �a3 Xf A � 4 g � g tJ � ��'ii a 33 33 88 as H �+ 0 0 0 o a o o a o a o a o s w w w w w w• w w w w w w w• w w w w• pq 0 v o v o v o 0 0 o o o o Q o 0 0 o o g o a o 0 0 0 0 0 0 0 0 0 ,w 4 rE � . 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SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Wayne Leitner - Peninsula Athletic Club II 2. American Merchant Marines of Kenai - Anchor Monument/Memorial Park 3. Denis Douglas - General Re -Classification C. PUBLIC HEARINGS 1. Ordinance 1377-90 - Rescinding Ordinance 1289-88 and Establishing a New Budget for the "Kenai Flats Wildlife Viewing Area" Capital Project. The public is invited to attend and participate. Carol L. Freas City Clerk COUNCIL PACKET DISTRIBUTION DATE: Mayor and Council Fire Department Police Department Senior Center- Library-L. Parks & Rec. AGENDA DISTRIBUTION Borough Clerk '✓ Anchorage Times ✓ Public Wks. Sec. ✓ Public Wks. Shop Bldg. Maintenance Bldg. Official Streets ✓ Anchorage News Bulletin Board ✓ Attorney '� Clerk' ✓ City Manager^ ' K. Viall" ✓ Finance Kim' Public Works. ✓ Clarion Airport ✓ J.LaShot Commissions Chamber ✓ Airport Assembly (5) ✓ Aging L Animal Control ✓ EDC V Dock (Season) ✓ Library A/ STP ✓ Harbor ✓ Legal Sec. ✓ _ Pks & Rec. KCSY ✓ P&Z ✓ KSRM DELIVER Council Packets to Fire Department Clarion Packet to the Clarion with published agenda prior to 5:00 p.m.