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Home My WebLink About1990-08-15 Council PacketKenai City Council Meeting Packet August 15, 1990 AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 15, 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) i►'mti1cow 1. Larry Powers - Tideland Lease/Performance Bond 2. Brenda Meyer - Street Light Request/Woodland Subdivision C. PUBLIC HEARINGS Ordinance No. 1391-90 - Increasing Estimated Revenues and Appropriations by $111,174 in the Capital Project Fund Entitled "Airport Taxiways A-1 and A-2 Improvements." Ordinance No. 1392-90 - Amending the Official City of Gt�ia-hi�enai Zoning Map for a Portion of Section 32, T6N, R11W, S.M., Adjacent to F.B.O. Subdivision. /'4-0cGf 3. Resolution No. 90-39 - Transferring $12,500 in the GG�aGu.�✓�14Ks/General Fund for Repair of a Road Grader. A—ilir�W 4. Resolution No. 90-40 - Awarding a Contract for the 4"*FA44 '_ Construction of the Kenai Municipal Airport Taxiway A-1 and A-2 Pavement Overlay Which Includes the Basic Bid and Alternate No. 1. Resolution No. 90-41 - Awarding a Contract for the Construction of Upland/Highland Street Improvements. 6. Resolution No. 90-42 - Transferring $10,000 in the wrr�uinpuhCc� General Fund for Attorneys Fees in the MSM Partnership o Litigation. Resolution No. 90-43 - Transferring $1,742.25 in the Float Plane Basin Capital Project Fund for Final Payment of Site Acquisition. D. COMMISSION/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 F. 1. *Regular Meeting of August 1, 1990. 1. 8/7/90 Joe G. Widman letter regarding safe boating practices in cannery areas of Kenai River. 2. 8/4/90 Nathan O. Baily letter regarding new boat ramp on the lower Kenai River. 3. 8/3/90 Mike Bradner letter regarding State Reapportionment Board hearings. G. OLD BUSINESS H. NEW BUSINESS 109Wy ls'l. Bills to be Paid, Bills to be Ratified /W�02. Purchase Orders Exceeding $1,000 3. *Games of Chance & Skill - Kenai Lions Club 4. Approval - Kenai Harbor Rate Schedule/Change of Rates 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 MAYOR'S REPORT AUGUST 15, 1990 COUNCIL MEETING 1:50 p.m., Susan Smalley telephoned and stated that Hall Smalley will not be in attendance at tonight's meeting. CHANGES TO THE AGENDA 1. SUBSTITUTE: C-1/Ordinance 1391-90. 2. SUBSTITUTE: C-4/Resolution No. 90-40. 3. SUBSTITUTE: C-5/Resolution No. 90-41 4. ADD: H-5 Approval - Airport A-1 & A-2 Pavement Overlay Construction Inspection to Wince-Corthell- Bryson. 6. ADD: D-7 - Approved Planning & Zoning Minutes of July 25, 1990 meeting. 7. ADD: D-7 - Unapproved Planning & Zoning Minutes of August 8, 1990. 8. ADD: Info-9 8/10/90 Wm. P. Horn & Elizabeth H. Ross letter informing Mayor Williams that a retroactive and prospective "Flagstaff Amendment" has been included in the final version of the oil spill legislation and has been passed by both the House and Senate. MAYOR'S REPORT DISCUSSION 1. Frank Getty - Delinquent Charge on Assessments. AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 15, 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. Larry Powers - Tideland Lease/Performance Bond 2. Brenda Meyer - Street Light Request/Woodland Subdivision C. PUBLIC HEARINGS 1. Ordinance No. 1391-90 - Increasing Estimated Revenues and Appropriations by $111,174 in the Capital Project Fund Entitled "Airport Taxiways A-1 and A-2 Improvements." 2. Ordinance No. 1392-90 - Amending the Official City of Kenai Zoning Map for a Portion of Section 32, T6N, R11W, S.M., Adjacent to F.B.O. Subdivision. 3. Resolution No. 90-39 - Transferring $12,500 in the General Fund for Repair of a Road Grader. 4. Resolution No. 90-40 - Awarding a Contract for the Construction of the Kenai Municipal Airport Taxiway A-1 and A-2 Pavement Overlay Which Includes the Basic Bid and Alternate No. 1. 5. Resolution No. 90-41 - Awarding a Contract for the Construction of Upland/Highland Street Improvements. 6. Resolution No. 90-42 - Transferring $10,000 in the General Fund for Attorneys Fees in the MSM Partnership Litigation. D. 7. Resolution No. 90-43 - Transferring $1,742.25 in the Float Plane Basin Capital Project Fund for Final Payment of Site Acquisition. COMMISSION/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 F. G. H. 1. *Regular Meeting of August 1, 1990. 1. 8/7/90 Joe G. Widman letter regarding safe boating practices in cannery areas of Kenai River. 2. 8/4/90 Nathan O. Baily letter regarding new boat ramp on the lower Kenai River. 3. 8/3/90 Mike Bradner letter regarding State Reapportionment Board hearings. OLD BUSINESS NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Games of Chance & Skill - Kenai Lions Club 4. .Approval - Kenai Harbor Rate Schedule/Change of Rates 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 COUNCIL kfRETING OF g ■e COUNCIL MEETING OF 1791-1991 CITY OF KENAI ..od ea,4�ai 4 44mm if 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 MEMORANDUM TO: File FROM: Kim Howard, Administrative Assistant DATE: August 3, 1990 RE: Larry Powers d/b/a Cook Inlet Seafoods - Performance Bond This morning at approximately 10:00 a.m. Dawn Powers called on the telephone and spoke with me. She asked me if I had received the certificate of insurance that I have been waiting for. I told her yes and that it was adequate. She asked me if they could come by and get their check. I asked her "What check?" She referred to the $5,000 performance bond (5% of estimated project cost) that was submitted with the Tidelands Lease Application pursuant to KMC 11.20.050 (b)(8). I told her the certificate of insurance was unrelated to the performance bond. I pulled the file and I told her that in my letter to Mr. Powers dated July 19, 1990, the Public Works Department requested that he submit: a letter from his engineer stating the project is complete pursuant to the specifications. The letter also said the City would also inspect the project, provided we have access to the site. My letter stated that once we had the above - referenced letter from his engineer, and the Public Works Department has determined the project was complete, the $5,000 performance bond could be returned to him. Mrs. Powers told me that Larry did not want to hire Kluge again. I told her that this was the direction I had from the Public Works Department. She said that Larry didn't think this was required by our Code and that if we weren't going to give him the check, then he would have to sue the City. I told her that she could speak to Keith Kornelis or Mr. Powers could express his concerns in writing. She said she would let Larry know and she ended the conversation. I went immediately to Keith's office and told him of my conversation. We came back to my desk and were looking at the file when Mr. Powers called. He wanted to know why he couldn't have his performance bond back. I asked him if he received my letter of July 19, 1990. He said no. I told him I had sent it certified mail and someone had picked it up on his behalf. I told him perhaps he had better check his mail. I read to him the portion that I had paraphrased to Mrs. Powers a few minutes before. He asked me if when he "gave me the $5,000 performance bond, didn't I tell him he would get it back after Public Works inspected the project?" I told him I had direction from the Public Works Department to ask him to ask for a letter from his engineer. He said we could keep his money until the next Council meeting. He asked to be placed on the agenda. I told him I would let the City Clerk know. He hung up the telephone and I asked the Clerk to schedule him under Scheduled Public Comment for the August 15, 1990, meeting. cc: Kenai. City Council Packet for August 15, 1990, meeting John J. Williams, Mayor Wm. J, Brighton, City Manager Timothy J. Rogers, City Attorney Keith Kornelis, Public Works Director /kh LEASES\POWERS.MEM C-/ Suggested by: Administration City of Kenai ORDINANCE NO. 1391-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $111,174 IN THE CAPITAL PROJECT FUND ENTITLED "AIRPORT TAXIWAYS A-1 AND A-2 IMPROVEMENTS". WHEREAS, the City has applied for grants from the Federal Aviation Administration and the State of Alaska for improvements to Taxiways A-1 and A-2 at the Kenai Municipal Airport, and WHEREAS, -the City, by Ordinance No. 1368-90, has appropriated $12,250 of City Airport money to design this project, which should be partially recoverable by the grants, and WHEREAS, the City expects to receive FAA approval of the grants before adoption of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Taxiways A-1 and A-2 Improvements Increase Estimated Revenues: FAA Grant $107,588 State Grant 3,586 111 174 Increase Appropriations: :Inspection $ 10,000 Construction 101,174 111 174 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 1, 1990 Adopted: August 15, 1990 Effective: August 15, 1990 Approved by Finance: (7/24/90) kl Substitute Suggested by: Administration City of Kenai ORDINANCE NO. 1391-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $229,710 IN THE CAPITAL PROJECT FUND ENTITLED "AIRPORT TAXIWAYS A-1 AND A-2 IMPROVEMENTS". WHEREAS, the City has applied for grants from the Federal Aviation Administration and the State of Alaska for improvements to Taxiways A-1 and A-2 at the Kenai Municipal Airport, and WHEREAS, the City, by Ordinance No. 1368-90, has appropriated $12,250 of City Airport money to design this project, which should be partially recoverable by the grants, and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Taxiways A-1 and A-2 Improvements Increase Estimated Revenues: FAA Grant $222,300 State Grant 7,410 229 710 Increase Appropriations: :Inspection $ 20,160 Construction 209,550 229 710 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol "L. Freas, City Clerk Introduced: August 1, 1990 Adopted: August 15, 1990 Effective: August 15, 1990 Approved by Finance (7/24/90) kl C -C� Suggested By: Planning & Zoning Commissic- CITY OF KENAI ORDINANCE NO. 1392-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL CITY OF KENAI ZONING MAP FOR A PORTION OF SECTION 32, T6N, R11W, S.M., ADJACENT TO F.B.O. SUBDIVISION. 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 a portion of Section 32, T6N, R11W, S.M., adjacent to F.B.O. Subdivision is presently zoned Conservation (C), WHEREAS, the City of Kenai desires to render the entire area one zone, and WHEREAS, the proposed zoning designation is Light Industrial (IL), and, WHEREAS, the Kenai Planning & Zoning Commission held a public hearing on July 25, 1990 and as a result of that public hearing recommend approval of the proposed amendment to the Light Industrial (IL) 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 a portion of Section 32, T6N, R11W, S.M., adjacent to F.B.O. Subdivision are hereby amended to Light Industrial (IL). Section 2. That the official zoning map of the City of Kenai be amended in accordance with this ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1990. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk First Reading: August 1, 1990 Second Reading: August 15, 1990 Effective Date: September 15, 1990 leh (7/26/90) a 1 �o I I s I . � t 44• s ~ s v 29128 321 33 r �� ! PARK �n in llyAl /y I EB'14 d, — (? V 117 4 r� 8 " WATERMA/N, ,'0 RECORD H 2 4 2 V 8 W4TERM.4/,11, NO REC ^RO- E8-91NL1 tj o TRACT B 1 I ' 1 12 5 I 6 6L.G L OT -7 P• ( m 1 l — -- / / 2r El I TRACT A ' I v I10 rn h CLEP t2 �jIVE ' -'- IT ' 5 •;� :: _ SON """ '.."' '.'.' -�'�� -�'1 --� � Lc - b,LPr, m. µEP. 4-A F3o Suga tJa.3 .2�c.owrn�cE� �Ro�oSEO /L xo�v� 4So(1,W 4Ri Suggested by: Public Works City of Kenai RESOLUTION NO. 90-39 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $12,500 IN THE GENERAL FUND FOR REPAIR OF A ROAD GRADER. WHEREAS, contracted repairs to a road grader were budgeted in the 1990-91 Annual Budget in the Shop -Repair and Maintenance Supplies account, and WHEREAS, the proper account for contracted repairs is the Repair and Maintenance account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Shop - Repair and Maintenance Supplies $12,500 To: Shop - Repair and Maintenance $12,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: e-q a (8/03/90) kl c -� Suggested by: Administration CITY OF KENAI RESOLUTION NO. 90-40 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE KENAI MUNICIPAL AIRPORT TAXIWAY Al & A2 PAVEMENT OVERLAY TO FOR THE TOTAL CONSTRUCTION AMOUNT OF $ WHICH INCLUDES THE BASIC BID AND ALTERNATE NO. 1. WHEREAS, the following bids were received on August 15, 1990 for the above referenced project: CONTRACTOR BASIC BID ALT. 1 TOTAL BID WHEREAS, the following is a description of the basic bid and the alternate: Basic: Paving Improvements on Taxiway Al & A2 Alternate 1: Catch basin and CMP for future drainage WHEREAS, this resolution and award of the project is contingent upon FAA approval, and WHEREAS, the City of Kenai will be receiving a grant to help fund this project, and WHEREAS, the recommendation from Wince-Corthell-Bryson, the project design consultant, the Public Works Department, and the Airport Manager is to award the contract to for the basic bid and alternate no. 1 for the total construction cost of $ , and WHEREAS, the Council of the City of Kenai has determined that 's bid for the basic bid and the alternate is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of The Kenai Municipal Airport Taxiway Al & A2 Pavement Overlay be awarded to for the total construction amount of $ which includes the basic bid and alternate no. 1. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this day of , 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Written by Public Works: /kv 8/7/90 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 90-40 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE KENAI MUNICIPAL AIRPORT TAXIWAY Al & A2 PAVEMENT OVERLAY TO QUALITY ASPHALT PAVING FOR THE TOTAL CONSTRUCTION AMOUNT OF $204,710.00 WHICH INCLUDES THE BASIC BID AND ALTERNATE NO. 1. WHEREAS, the following bids were received on August 15, 1990 for the above referenced project: CONTRACTOR BASIC BID ALT. 1 TOTAL BID Quality Asphalt $168,135.00 Foster Construction $171,419.42 AK Roadbuilders $168,289.00 Engineer's Estimate $146,147.00 $36,575.00 $45,892.50 $54,270.00 $31,590.00 $204,710.00 $217,311.92 $222,559.00 $177,737.00 WHEREAS, the following is a description of the basic bid and the alternate: Basic: Paving Improvements on Taxiway Al & A2 Alternate 1: Catch basin and CMP for future drainage WHEREAS, this resolution and award of the project is contingent upon FAA approval, and WHEREAS, the City of Kenai will be receiving a grant to help fund this project, and WHEREAS, the recommendation from Wince-Corthe11-Bryson, the project design consultant, the Public Works Department, and the Airport Manager is to award the contract to Quality Asphalt Paving for the basic bid and alternate no. 1 for the total construction cost of $204,710.00, and WHEREAS, the Council of the City of Kenai has determined that Quality Asphalt Paving's bid for the basic bid and the alternate is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of The Kenai Municipal Airport Taxiway Al & A2 Pavement Overlay be awarded to Quality Asphalt Paving for the total construction amount of $204,710.00 which includes the basic bid and alternate no. 1. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 15th day of August, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: eR Written by Public Works: /kv 8/15/90 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 90-41 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF UPLAND/HIGHLAND STREET IMPROVEMENTS TO FOR THE TOTAL CONSTRUCTION AMOUNT OF $ WHEREAS, the following bids were received on August 15, 1990 for the above referenced project: CONTRACTOR TOTAL BID WHEREAS, the City of Kenai has received a grant to help fund this project, and WHEREAS, the recommendation from William J. Nelson & Associates, the project design consultant, and the Public Works Department is to award the contract to for the total construction cost of $ and WHEREAS, the Council of the City of Kenai has determined that 's bid for the basic bid is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of the Upland/Highland Street Improvements be awarded to for the total construction amount of $ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this _ day of , 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Written by Public Works: ,L- /kv 8/7/90 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 90-41 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF UPLAND/HIGHLAND STREET IMPROVEMENTS TO DOYLE CONSTRUCTION FOR THE TOTAL CONSTRUCTION AMOUNT OF $198,123.00 WHEREAS, the following bids were received on August 15, 1,990 for the above referenced project: CONTRACTOR TOTAL BID Doyle Construction $198,123.00 Foster Construction $241,793.40 Alaska Roadbuilders $245,230.00 Herndon & Thompson $255,909.00 Zubeck, Inc. $273,327.50 Engineer's Estimate $192,988.00 WHEREAS, the City of Kenai has received a grant to help fund this project, and WHEREAS, the recommendation from William J. Nelson & Associates, the project design consultant, and the Public Works Department is to award the contract to Doyle Construction for the total construction cost of $198,123.00, and WHEREAS, the Council of the City of Kenai has determined that Doyle Construction's bid for the basic bid is, the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of the Upland/Highland Street Improvements be awarded to Doyle Construction for the total construction amount of $198,123.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 15th day of August, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: eR Written by Public Works: /kv 8/15/90 Suggested by: Administration City of Kenai RESOLUTION NO. 90-4:2 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $10,000 IN THE GENERAL FUND FOR ATTORNEY FETES IN THE MSM PARTNERSHIP LITIGATION. WHEREAS, the City of Kenai has appealed the Trial Courts decision to the Alaska Supreme Court in the MSM Partnership (Inlet Woods) litigation; and WHEREAS, it is estimated that an additional. $10,000 is needed to provide legal fees through the Supreme Court appeal. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Other - Contingency $10,000 TO: Legal - Professional Services $10,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI", ALASKA, this 15th day of August, 1990. JOHN J. WILLIAMS ATTEST: Carol L. Freas, City Clerk Approved by Finance: (f;Q (8/9/90) kl C -& 1791-1991 CITY OF KEIk (V%210 FIDALGO KENAI, ALASKA 99611 L TELEPHONE 283-7535 FAX 907.283-3014 fVTI_uCol-11do ul TO: Kenai City Council FROM: Charles A. Brown, Finance Director C' -1 Q DATE: August 9, 1990 SUBJECT: MSM Litigation/Inlet Woods On July 16, 1990, the City through its attorney, Richard Haggart, filed its appeal in this case with the Alaska Supreme Court. A cope of the brief has been placed in each Counci.lmember's packet for the August 15, 1990 council meeting. The City Clerk also has a copy, which is available for public inspection (the brief has been filed and is a public record). I believe that Council's last discussion of this matter was in executive session on October 4, 1989. I was not in attendance at that meeting. However, my correspondence with Council on September 19, 1989 explained that the City's case was dismissed in the trial court in August, 1989. This, and subsequent court action, is more fully explained on pages four and five of the brief. The opposition has thirty days to file a response to our brief. Wo then have an opportunity to make a last response. The arguments in the brief speak for themselves. Roughly, we have sued for the first year's (first of twenty) assessments, about $250,000. Since that time, two more annual installments have become delinquent. If we are successful in this suit, I assume that we would proceed with further action for those other delinquencies. Simultaneous with our actions, the Kenai :peninsula Borough has foreclosed on these properties for 1988 taxes. The one-year redemption period expired May 19, 1990. 'The Borough has indicated to me that the City should obtain title, as a result of Borough foreclosure, :_n late spring. It is possible that we could attempt to sell some or all of those lots (in addition to other foreclosed lands the City owns) next summer. Kenai City Council August 9, 1990 Page Two The City administration has discussed a pending sale in general terms. We have not decided on particulars, but it is fairly certain that we will have problems similar to those that MSM Partnership had: the assessments exceed market value. As of today, assessments (including interest and penalty) on each lot total $16,652. Taxes and costs related to the Borough foreclosure will probably be in excess of $500. Therefore, tax and assessment liens will exceed $17,000 per lot. The City will have to decide how to handle this in order to effectively market the land. The City has approved legal expenses for our attorney totalling $23,000. At the time of our last purchase order in August of 1981), we did not anticipate the Supreme Court appeal. Including charges for July, the attorney anticipates that an additional $10,000 will be needed to carry this issue through the appeal. A $10,000 resolution and purchase order appear in this packet for your approval. Suggested by: Legal Department City of Kenai RESOLUTION NO 90-43 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $1,742.25 IN THE FLOAT PLANE BASIN CAPITAL PROJECT FUND FOR FINAL PAYMENT OF SITE ACQUISITION. WHEREAS, the City of Kenai has acquired title to land for development of the float plane basin, and made an initial payment for the land in the amount of $154,000; and WHEREAS, the courts have determined that the correct value should be $156,000, and $257.75 is available in the proper account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Float Plane Basin Capital Project From: Engineering $1,742.25 To: Site Acquisition $1,742.25 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th,day of August, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: f`ia— (8/10/90) kl c-� KENAI HARBOR COMMISSION August 6, 1990 Kenai City Hall Barry Eldridge 1. ROLL CALL; The meeting was called to order at 7:18 p.m. by Chairman Eldridge. Commissioners present were: Eldridge, Malmberg, Maguire. Also present were Ad Hoc Member Walker, and Mr. Kornelius from the City of Kenai. 2. APPROVAL OF AGENDA; The agenda was approved by unanimous consent with the following additions. Under Old Business: a) Update on the public dock, b) Update on the boardwalk, and c) Update on the boat ramp and alternatives. Under New Business: d) Briefing on CISPRI, and e) Discussion regarding Commissioner Breeden as the City's representative on the Kenai River Special Management Area (KRSMA) Advisory Board. 3. APPROVAL OF MINUTES OF JUNE 11, 1990; A motion was made by Commissioner Breeden to accept the minutes as presented. Commissioner Malmberg seconded. Motion carried. 4. OLD BUSINESS; a. Kornelius gave a briefing on the dock activities stating that everything is running smoothly and the season is coming to a close. About four or five processors used the space for unloading fish; and even though fuel sales were down because fishing days were cut, the City did pretty well as a whole. The Commission voiced concern regarding the number of and condition of sleeping units and/or campers looking like a shanty town. Action taken: Commissioner Breeden moved to ask the City administration to clarify the lease for the dock area space as to what will be allowed and will not be allowed as far as living arrangements and accommodations in the future. Motion seconded by Commissioner Maguire. Motion carried unanimously. b. Kornelius stated the boardwalk drawings were pretty much completed and are available for review. The next phase will be driving the piles for the retaining wall as well as for the boardwalk itself. The boardwalk will run parallel to the road and will primarily be built through volunteer efforts. KENAI HARBOR COMMISSION August 6, 1990 Page 2 C. There was a meeting in Anchorage with the City of Kenai and various federal and state agencies. All the agencies were against the boat ramp project due to the lands being considered high value wetlands. The City is continuing with the Corps of Engineers Permit process and requested a public hearing in Kenai. The city has not heard back from the Corps at this time. Commissioner Breeden stated the city needs to have an alternative if the boat dock does not go through and should start thinking about developing an area near the new dock as a camper area for short-term rental and a sport fishing boat ramp as she foresees the Kenai River mouth to have great tourist potential. Commissioner Eldridge advised that idea is part of the five year plan. It was generally felt to wait until mid -February before starting to analyze alternatives. 5. NEW BUSINESS; a. Commissioner Breeden asked if her presentation could be first since she had to leave early. She has been on the KRSMA Advisory Board representing the public for several years and is now the City representative to the Board. She encouraged input for guidance in the direction she should take representing the City. The next KRSMA board meeting will be at 9:00 a.m., August 20, 1990, in the Cook Inlet Aquaculture Association Building. They will be discussing river capacity, limitation of guides and/or general public, and boat rentals on the river. At last meeting Dennis Randa had a resolution listing what the Board would like to have done on the lower River and a copy should have been sent to the City for review. b. The Commission has received a letter of resignation from Ron Rainey. C. Donald Malmberg has been appointed to the Commission and was welcomed aboard. d. A letter of resignation was also received from Leon Quesnel. e. Samuel "Mick" Maguire has been appointed to the Commission. He too was welcomed to the Commission. There is still one more vacancy that needs to be filled. KENAI HARBOR COMMISSION August 6, 1990 Page 3 f. Commissioner Eldridge discussed Cook Inlet Spill Prevention and Response, Inc. (CISPRI) which is a non-profit organization looking to expand the response capabilities within Cook Inlet and will be represented by local organizations, borough, state and federal organizations as well as Cook Inlet communities. At their preliminary meeting By-laws were drafted. CIRO is doing a risk assessment of the risk of exposure to oil spills and that analysis will be used by CISPRI. The Mayor has asked the Harbor Commission to keep up on this and represent the City at meetings for the time being. 6. CORRESPONDENCE; a. Commissioners discussed a letter from Norton Corrosion Engineers who performed an operational inspection of the impressed current cathodic protection systems on July 8, 1990. 7. COMMISSION COMMENTS & QUESTIONS; None. 8. ADJOURNMENT; The next meeting will be September 10 at 7:00 p.m. at which time the Commission will discuss the Five -Year Plan. Commissioner Maguire moved and to adjourn the meeting, and the 9:07 p.m. Respectfully su'1411tted; Earlene Reed, ecording Secretary for the City of Kenai Commissioner Malmberg seconded meeting was adjourned at Ena i Com►nunit y .l d zazy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 REPORT FOR THE MONTH OF JULY 1990 Circulation Adult Juvenile Easy Books Fiction 1443 726 1592 Non-fiction 1636 241 389 Total Book Circulation Films, Phonodiscs, Pamphlets, Periodicals Total Circulation Additions Adult Juvenile Easy Books AV Gifts 87 64 5 6 Purchases 18.7 62 7 22 Total Additions Interlibrary Loans Ordered Received Returned Books 42 54 28 AV 19 19 19 Interlibrary Loans by our Library Books Films AV 46 19 12 Volunteers Number .. 29 Total Hours .. 549 Income Fines and Sale Books Lost or Damaged Books Xerox 6027 716 6743 162 278 440 685.55 86.00 266.50 Total Income for July, 1990 .. $1,038.05 S -wEnai cornmaniE y -fAa x A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued July, 1990 Kenai 141 Anchorage 1 Homer 1 Kasilof 9 Nikiski 23 Ninilchik 3 Soldotna 15 Sterling 3 Other 4 Library Patronage ... 7,593 Persons D-7 KENAI PLANNING & ZONING COMMISSION July 25, 1990 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL Present: Bryson, Glick, McComsey, Scott Absent: Bannock, Graveley, Smalley, Rehm (excused) 2. APPROVAL OF AGENDA MOTION: Commissioner McComsey moved for approval of the agenda with addition of Item 7.d - Application for Home Occupation - Mary Lou Langley. Commissioner Glick seconded approval of agenda. VOTE: Motion passed by Unanimous Consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution 90-18: Rezone Portion of Section 32, T6N, R11W, S.M. Adjacent to F.B.O. Subdivision Kim Howard, Administrative Assistant, City of Kenai „ gave a brief description of location of plat and reported that the City had asked for a zone change to Light Industrial (IL) due to a request to purchase the property on the preliminary plat described in item 7b on the agenda and the FAA's plans to put an antennae in this area. Commissioner Bryson asked if plat would provide for public access. Kim Howard said that public access would have to be provided before plat would be approved by the Kenai Peninsula Borough. MOTION: Commissioner McComsey moved approval of Rezone, seconded by Commissioner Glick. VOTE: Motion passed unanimously by roll call vote. 5. APPROVAL OF MINUTES - June 27, 1990 MOTION: Commissioner McComsey moved approval of the minutes as presented, seconded by Commissioner Glick. VOTE: Motion passed by Unanimous Consent KENAI PLANNING & ZONING COMMISSION July 25, 1990 Page 2 6. OLD BUSINESS None 7. NEW BUSINESS a. Application for Lease, Lots 10, 11,12 & 13, Block 1 Cook Inlet Industrial Air Park MOTION: Commissioner McComsey moved for approval of Application for Lease. Commissioner Glick seconded. Kim Howard, Administrative Assistant, City of Kenai, explained that this lease had been in effect for several years but expired June 30th, 1990. Grace Drilling Company was requesting a five year lease renewal. Commissioner Scott asked if the use would remain the same as in the past. Kim Howard said yes. VOTE: Motion passed by roll call vote. b. Resolution 90-21: Preliminary Plat F.B.O. Subdivision #4 MOTION: Commissioner Glick moved to approve Resolution 90-21. Commissioner McComsey seconded. Kim Howard explained that this Preliminary Plat was only a part of the parcel which was Rezoned in 4.a. It is just the portion that Kline would like to purchase. Commissioner McComsey asked if there would be public access to lot. Kim Howard noted the remarks by the City Engineer, "Before the final plat is filed, one of the rear property lines of lots 3-6 will be eliminated to provide access to Lot 9." VOTE: Motion passed by Roll Call Vote. KENAI PLANNING & ZONING COMMISSION July 25, 1990 Page 3 C. Application for Conditional Use Permit to Extract Surface Minerals - Michael J. Pelch MOTION: Commissioner McComsey moved for approval of Conditional Use Permit for SE 1/2, NE 1/4, SE 1/4, Section 2 R11W, T5W, S.M. Commissioner Glick seconded. Commissioner McComsey then amended motion to include the City Engineers comments which were: 1. The site plan should be somewhat more detailed as to existing conditions versus conditions after reclamation of the pit. 2. The principal access points are not shown clearly. I recommend that no access be permitted on South Ames. 3. The applicant proposes not to provide or leave any natural screening according to KMC 14.20.154. Commissioner McComsey made a seconded amendment to motion to recommend that Pelch donate reclaimed land to City for a ball park, as previously proposed by applicant. Second concurred with both amendments. Commissioner Bryson pointed out to Commission members that the application was in the review process at this meeting and that such items would be addressed at the next meeting when the Public Hearing was held. Commissioner Scott asked if the water table testing, which was previously done in 1984, would be sufficient for the current application. She asked if Commission should require new test. She noted concerns over water table when Foster's sought to develop land in the surrounding area. Commissioner Bryson felt that the information should be current. Commissioner McComsey said he felt the water table would not effect supplies which would be utilized for homes. Commissioner McComsey was concerned about the screening required for the area and recommended that that subject be addressed at the Public Hearing. VOTE: Passed unanimously by Roll Call Vote. KENAI PLANNING & ZONING COMMISSION July 25, 1990 Page 4 d. Application for Home Occupation - Mary Lou Langley - Sungate Park Subdivision Commissioner McComsey asked if the business would create a traffic problem in the area. Mrs. Langley explained that her business was manufacturing of novelty candles and consisted of mostly home parties and dealing with stores in the area. She said she only had a couple of customers in her home per week. Commissioner Bryson noted that the application section "Desired Length of Permit" stated "as long as possible." He recommended that Commission propose length of application. Commissioner McComsey asked if the permit moved with the home owner if the owner moved. Commissioner Bryson said that if the permit holder moved the permit would be terminated and also if she discontinued that current business the permit would terminate. MOTION: Commissioner McComsey moved to approve Application for manufacturing of novelty candles with termination of application as stated above. Commissioner Glick seconded. VOTE: Passed unanimously. 8. PLANNING None 9. REPORTS a. City Council None. b. Borough Planning Commissioner Bryson reported that the Petition to vacate portion of Homer East End Road had died on a 3/3 vote. The Borough continues to negotiate this issue with the Russian villagers in that area. He also reported that the Proposed Septage Disposal Facility had been turned down under the Borough's Noxious, Injurious or Hazardous Ordinance. The applicant has appealed this decision. KENAI PLANNING & ZONING COMMISSION July 25, 1990 Page 5 c. City Administration None. 10. PERSONS PRESENT NOT SCHEDULED None 11. INFORMATION ITEMS a. Letter of Appointment of New Commission Member Kathy Scott b. City Council Agenda - June 11, 1990 C. Kenai Peninsula Borough Agenda - July 2nd & 16th 12. COMMISSION COMMENTS & QUESTIONS Commissioner Scott thought the Commission should consider a time frame for development of the Pelch property into a City park and address access options, including bike paths, etc. Commissioner Scott also thanked Commission members for the opportunity to serve the City of Kenai on the Planning and Zoning Commission. 13. ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, Loretta E. Harvey Transcr:ibing Secretary *Please note that the tape of this meeting is not available due to mechanical difficulties. KENAI PLANNING & ZONING COMMISSION August 8, 1990 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL Present: Bryson, Bannock, Glick, McComsey, Graveley Absent: Rehm (excused) 2. APPROVAL OF AGENDA MOTION: Commissioner McComsey moved for approval of the agenda. Commissioner Bannock seconded. VOTE: Motion passed by Unanimous Consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS C. Application for Conditional Use Permit to Extract Surface Minerals - Michael J. Pelch -Chairman Bryson - introduced Michael Pelch's application stating that the legal description of the proposed area was SE 1/2, NE 1/4, SE, 1/4 Section 2, R11W, T5W S.M. between Beaverloop and Ames Road. He then asked for public testimony. -Nick Miller - 609 Ames St., felt that no plan had been submitted with his public notice and he didn't have enough information about the proposed gravel pit. He said there was already a gravel pit on Beaver Loop and that he owns two pieces of property in that area that are losing value rapidly. -Bob Cude - 505 Ames, felt there was no need for another gravel pit in the community. He felt that a gravel pit would scar the land and destroy local animal habitat. He was concerned that increased truck traffic would jeoradize school children. Mr. Cude noted that he had health problems which would be aggravated by the dust from the gravel pit. He also worried about losing his well, and lower property values. Planning & Zoning Commission August 8, 1990 Page 2 -Commissioner Bannock asked Mr. Cude where his property was in relation to the proposed gravel pit. -Cude pointed out that he was on the northeast corner of the proposed site. He explained that there was already a truck traffic problem on Ames. He has had his windshield chipped and was concerned about school children waiting for the bus. He said that the Commissioners wouldn't want a pit across from their residences and neither did he. -Michael Pelch - applicant, said he appreciated the concerns of the speakers but had own the proposed site for 38 years and had tried to develop it for a long time. He stated that this was not a "fly by night" decision, but one he had contemplated for a long while. He said that his intentions were to extract the gravel and then to donate the land to the City of Kenai for a ball field. He has had several local residents make this suggestion and felt that it would be in the best interest of local children. He further stated that he has had several requests for gravel for local construction projects. Foster's pit is almost exhausted, and that area on Beaver Loop provides the best gravel source for the City of Kenai. Mr. Pelch said that the area he would use to exit the pit would be on Beaver Loop and no exit would be on Ames, this should help alleviate any truck traffic problem. -Commissioner Bannock asked where that exit on Beaver Loop would be. -Pelch replied that he would be using Foster's existing exit. -Commissioner Bannock asked if that was the West corner of: the proposed property site. -Commissioner Bryson said that exit fronted Beaver Loop west of Ames. -Commissioner Glick expressed concern that the application showed no intent of a buffer strip on the property. Planning & Zoning Commission August 8, 1990 Page 3 -Pelch stated that he felt a buffer strip wasn't needed, because if he built a ballfield there would need to be a parking area around the property where people could sit in their vehicles and view the games. -Commissioner McComsey asked if the City would have to back fill the area for the proposed ball park. -Pelch said that approximately two feet of the dirt there presently would be filled back into the hole and the area left level for the City. -Commissioner Bannock proposed that the site plan be more detailed, as to what is existing and what the proposed use would be. He wondered if a buffer could be left until the gravel extraction was completed. -Pelch explained that there was a 50 ft. telephone easement on the property, on the right side of Ames road. If he had to have a buffer zone it would not leave enough area to provide a ballfield. -Commissioner Bannock asked what the Code was for a buffer zone. -Commissioner Bryson asked Jack La Shot to explain that Code later in the meeting. -Dixie Cude - 505 Ames, said that the existing 50 ft. easement had very few trees on it. It was mostly dirt paths and trails. She expressed concern about having to dig a deeper well for her home and felt that she should be compensated if a deepen- well needed to be dug, due to a drop in the water table. She felt that the community didn't need any more ballfields or gravel pits. -Bob Cude - 505 Ames, expressed further concerns that no plan had been put forth by Mr. Pelch and he felt that the plans needed to be put into writing. He said that his house literally rattles from the existing pit and he felt these pits might fall under the Borough's Noxious, Injurious and Hazardous Code. -Nick Miller said the existing property was not large enough to provide a 150 ft. buffer strip and leave room for gravel. excavation. He had seen past problems with developments starting with a buffer strip and that strip disappearing as the project progressed. He wondered why other portions of the Pelch property could not be used for the gravel pit which wouldn't effect neighboring properties so severely. Planning & Zoning Commission August 8, 1990 Page 4 -Commissioner Bryson asked if there was any further public testimony and then asked for a staff report from Jack La Shot, City Engineer. -La Shot explained that the code for Public Hearings requires that a notice be sent to all people within a 300 foot radius of proposed site of permit along with a map and description of the property. The complete application was not mailed and perhaps not enough information had been sent to local property owners. La Shot read a section of the Planning and Zoning Code 14.20.154 Issuance of Permits (2) The boundaries of the proposed excavation at its greatest dimensions, including back slopes, are at least 200 feet from any road or public right-of-way and at least 150 feet from other surrounding property lines. La Shot also referred to the comments he had made in his memo to the Commission dated July 19, 1990, concerning access points to the proposed gravel pit. He felt that Mr. Pelch had addressed these concerns adequately. As for the long term development of a ballfield he felt that the City should be cautious about accepting future plans for a ballfield. It could be quite some time before that site could be used for that purpose and the City's needs might change considerably before that time. -Commissioner Bannock asked if there needed to be a 150 ft. easement from any property line? He asked what would happen if Pelch decided to attach his pit to the existing pit. -La Shot said that the ordinance would still stand. -Commissioner Bryson asked if the liability of the property would fall on the City of Kenai if the City accepted the proposed use? -La Shot said that was a possibility and recommended that the City not accept the land until the gravel extraction was completed. -Commissioner McComsey asked how the hole would be filled in, if only a few feet of top soil was reserved for that purpose. -La Shot explained that Mr. Pelch's intent was to build ball fields in the hole after extraction of gravel was completed. -Commissioner Graveley asked if current zoning was RR Rural Residential in that area? Planning & Zoning Commission August 8, 1990 Page 5 -La Shot answered, "Yes". He than recommended that the planning staff could run the Public Hearing Notice again, this time including complete application. La Shot said he would help Mr. Pelch prepare a more detailed plan to present to the Commission and interested citizens. -Commissioner McComsey said he would like to have another public hearing, and would like to see a plan to include a buffer for the proposed gravel pit. MOTION: McComsey moved to continue public hearing at the next scheduled meeting. Glick seconded. VOTE: Motion passed by roll call vote. -Commissioner Graveley mentioned that he would like included on the site plan, the total depth of proposed pit, and any water table level figures currently available. 5. APPROVAL OF MINUTES - July 25, 1990 Commissioner Bryson - asked for changes to 9b. Borough Planning report: 1) Paragraph 1. changed to: The Borough continues to mediate this issue between the Russian villagers and other users. 2) Paragraph 2. changed to: He also reported that the Proposed Septage Disposal Facility had been determined to fall within the Borough's Noxious, Injurious and Hazardous Ordinance. MOTION: Commissioner McComsey moved approval of the minutes with changes, seconded by Commissioner Glick. VOTE: Motion passed by Unanimous Consent. 6. OLD BUSINESS None 7. NEW BUSINESS None 8. PLANNING None Planning & Zoning Commission August 8, 1990 Page 6 9. REPORTS a. City Council None. b. Borough Plannina Bryson reported that the Russian villagers and residents of Fox Canyon had come to an amicable solution on the petition to vacate a portion of Homer East End Road. c. City Administration None. 10. PERSONS PRESENT NOT SCHEDULED None 11. INFORMATION ITEMS a. City Council Agenda - June 11, 1990 b. Kenai Peninsula Borough Agenda - July 2nd & 16th 12. COMMISSION COMMENTS & QUESTIONS None 13. ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, QrIetta E. transcribing Secretary ,.•.,y, �'. Y. d ' .i . It 147 f• K F f s !: i. COA `.. ' KE6 +� t'� v, • tee. Al h 11- TURN RIGHT AT THE LIGH7 2 MILES = 1{ ,•� n b' '��" .��-.- i ":�� . _ ."5s.:' �• � ,. - T'ycV.4 r._'_'.'�., :�16�.Yb- __ _ uy�q:.?.:.; .'v�,t- - ! .. - _ _4 _- _ T�xa-- �,t'•�i'+`�'�- __—�-,�-.+�+;.'a..•g•� 4+a-.<'.>+i!...�:c+�F"°:.•J��-�'-^i+s... `�'Sr.T - ,..per""_' �-• -. ��,�,- _ G "/ AGENDA RENAI CITY COUNCIL - REGULAR MEETING AUGUST 1, 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. Dennis Steffy - Fire Training School 2. Jim Spracher - Anchor Monument/American Merchant Marine Veterans C. PUBLIC HEARINGS 1. a. Ordinance No. 1387-90 - Increasing Estimated Revenues and Appropriations by $1,600,000 in a New Capital Project Fund Entitled, "Bicentennial Visitors and Cultural Center." b. Substitute Ordinance No. 1387-90 (Includes proposed budget transfer.) 2. Ordinance No. 1388-90 - Increasing Estimated Revenues and Appropriations by $20,000 in the 1990-1991 General Fund Budget for the Abatement of Dangerous Buildings. 3. Ordinance No. 1389-90 - Increasing Estimated Revenues and Appropriations by $3,240.00 in the General Fund as a Result of Drug Enforcement Administration Forfeitures. 4. Ordinance No. 1390-90 - Increasing Estimated Revenues and Appropriations by $20,000 in the Parks Department for Construction of One Park Shelter. 5. Resolution No. 90-34 - Accepting State of Alaska Grant No. 9/91-906 in the Amount of $500,000 to Construct a Congregate Housing Facility. 6. Resolution No. 90-35 - Authorizing Submission of an Application to the State of Alaska for a Community Development Block Grant (CDBG) Under the DCRA/Rural Development Fund Program. 7. Resolution No. 90-36 - Accepting State of Alaska Grant No. 2/91-931 in the Amount of $3,300,000 to Construct a Congregate Housing Facility. 8. Resolution No. 90-37 - Designating Legal Secretary Diane Craig as Deputy City Clerk. 9. Resolution No. 90-38 - Awarding a Contract for Architectural/Engineering Design and Project Inspection for the Project Entitled "Kenai Bicentennial Visitors and Cultural Center" to Kluge & Associates for the Total Amount of $144,775. D. COMMISSION/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 July 18, 1990. F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1391-90 - Increasing Estimated Revenues and appropriations by $111,174 in the Capital Project Fund Entitled "Airport Taxiways A-1 and A-2 Improvements." 4. *Ordinance No. 1392-90 - Amending the Official City of Kenai Zoning Map for a Portion of Section 32, T6N, R11W, S.M., Adjacent to F.B.O. Subdivision. 5. Approval - Application for Lease/Grace Drilling Company - Lots 10, 11, 12, & 13, Blk. 1, CIIAP. 6. Approval - Easement on City Property/Pizza Paradisos/Portion of Sidewalk to be Covered by Canopy. 7. Approval - Final Change Order/Kenai Municipal Airport Terminal Building. 8. Approval - Change Order #AB/Kenai Senior Center Dining Room Addition/25 Additional Yards of NFS Fill in the Bury Pit. 9. Approval - Request for Security Assignment/Robert T. Bielefeld, Lot 1, Blk 5, Small Aircraft Apron Subd., City of Kenai 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 RENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 RENAI CITY BALL MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor John J. Williams called the meeting to order at approximately 7:02 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: Measles, O'Reilly, Williams, Walker, Swarner, and Monfor. Absent was: Smalley. A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the Agenda: Add: B-3, Larry Powers - Corps of Engineers Permit - Tidelands Lease. Information Item No. 7 - Kenai Chamber of Commerce Chamber Chatter. Information Item No. 8 - KPB Assembly Minutes, Regular Meeting of June 5, 1990. Information Item No. 9 - KPB Assembly Minutes, Special Meeting of June 12, 1990. Information Item No. 10 - KPB Assembly Minutes, Special Meeting of June 14, 1990. Information Item No. it - KPB Assembly Minutes, Regular Meeting of June 19, 1990. MOTION: Councilwoman O'Reilly MOVED for approval of the Agenda as amended and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 MAYOR JOHN J. WILLIAMS, PRESIDING PAGE 2 A-4. CONSENT AGENDA MOTION: Councilwoman O'Reilly MOVED that the following be added under I-6 of the July 18, 1990 Council Meeting Minutes: 1. On the Upland/Highland project, the City is going ahead with the project even though there are three easements missing that needed to be signed by two parties. 2. Public Works Director sent the handed -out letter to the Corps of Engineers and RDC concerning the Kenai River Boat Launch. MOTION: Councilwoman Monfor MOVED for approval of the Consent Agenda as amended and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. Before moving on to Scheduled Public Comment, Mayor Williams reported to those present that Administration and Council concur that Mr. David C. Burnett be promoted to Chief of the Fire Department. Mayor Williams then swore Mr. Burnett in as Fire Chief. ITEM B: SCHEDULED PUBLIC COMMENT B-1. Dennis Steffy - Fire Training School. Mr. Steffy updated the Council as to the progress of the situating of a fire training school in the Kenai area. Mr. Steffy reported that he and representatives from the University, firefighting associations, and the Anchorage DEC went to Harrisburg, Pennsylvania to look at a totally enclosed fire training school (Symtron Systems). Mr. Steffy went on to say that there are zero emissions from this System. The group was very impressed. The University will be coming out with a request for proposals. Anyone can submit a proposal. They hope to make the request by the end of August. Mr. Steffy added that they are looking for a site which would contain enough area to incorporate a future cold water survival training, emergency training, local firefighting certifications, etc. With the cold water KENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 MAYOR JOHN J. WILLIAMS, PRESIDING PAGE 3 survival/helicopter training, there could be up to 10,000 students using the facility a year. Mr. Steffy brought a video for those present to review. They are looking for a forty -acre site to house the training school. This amount of area will have space for additions to the school complex, plus give a ten -acre buffer zone. B-2. Jim Spracher - Anchor Monument/America.n Merchant Marine Veterans Mr. Spracher reported that they were given an anchor by the Coast Guard (pictures were distributed to the Council in the packet). The memorial will be in honor of all mariners and World War II veterans. The Merchant Marine Veterans would like permission from the Council to place the monument in the Lief Hansen Memorial Park. Mr. Spracher brought a very detailed model of the proposed monument. The monument will include the anchor, a ship's propeller and mast. Also the monument will be encircled by a chained fence and benches. The monument will take a 201x 20' area. i Y[•111to) "E Councilwoman Monfor MOVED to accept the proposal for the park memorial from the American Merchant Marine Veterans and Councilwoman O'Reilly SECONDED the motion. There were no objections. SO ORDERED. Public Works Director Kornelis will work with the Veterans to ensure proper placement. B-3. Larry Powers - Corps of Engineers Permit - Tidelands Lease. Mr. Powers was not present. This topic was eliminated. ITEM C. PUBLIC HEARINGS C-1. 1. a. Ordinance No. 1387-90 - Increasing Estimated Revenues and Appropriations by $1,600,000 in a New Capital Project Fund Entitled, "Bicentennial Visitors and Cultural Center." KENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 MAYOR JOHN J. WILLIAMS, PRESIDING PAGE 4 MOTION: Councilwoman Monfor MOVED for adoption of Ordinance No. 1387-90 and Councilwoman Swarner SECONDED the motion. Comment: John Wise, 614 Cedar Drive, Kenai, AK. Mr. Wise requested that the appropriation be tabled and that the question be placed on the October ballot as a referendum. Mr. Wise stated that he believed that the cost to the taxpayers will be much greater than what has been discussed. There was a vote by the citizens in regard to a convention center a few years ago, and the question was soundly defeated. Mr. Wise believes that the question should be taken to the people again. Bob Williams, President of the Kenai Bicentennial Visitor and Cultural Center. Mr. Williams stated that he is in favor of the project and requested the Council's support. Mr. Williamsstated further that if there is concern for the future, alternate sources of income must be cultivated. As far as the building being a convention center, Mr. Williams stated that the design of the building does not allow enough space for that type of project. George Ford, 526 Alder Street, Kenai, AK. Mr. Ford is a member of the design committee for the KBVCC. Mr. Ford explained the design of the building and the amount of seats in the different parts of the building. Mr. Ford stated that the building is designed for small groups, but the building was not designed with the intent of using it as a convention center. Mr. Williams added at this time that in the two years they have been working on the acquisition of the grant, design of the building, etc., there has not been one piece of correspondence from any citizen in opposition to the project. Mayor Williams commented that in his travels, he has found that the museums and visitors center in the state, even in the smallest towns, are very popular and fulfill a need. Councilman Walker asked if the grant has been received. City Manager Brighton explained that this ordinance is part of the process to accept the grant. The award of the grant has been made. The council is now appropriating the funds. Mr. Brighton KENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 MAYOR JOHN J. WILLIAMS, PRESIDING PAGE 5 added that Administration would not ask the Council to vote on the matter if it were not appropriate to do so. MOTION: Councilwoman Monfor MOVED to vote on Substitute Ordinance No. 1387-90 and Councilwoman O'Reilly SECONDED the motion. There were no objections. SO ORDERED. VOTE ON SUBSTITUTE ORDINANCE: Measles: Yes O'Reilly: Williams: Yes Walker: Monfor: Yes PASSED UNANIMOUSLY. VOTE ON MAIN MOTION: Measles: Yes O'Reilly: Williams: Yes Walker: Monfor: Yes Yes Smalley: Absent Yes Swarner: Yes Yes Smalley: Absent Yes Swarner: Yes C-2. Ordinance No. 1388-90 - Increasing Estimated Revenues and Appropriations by $20,000 in the 1990-1991 General Fund Budget for the Abatement of Dangerous Buildings. Councilwoman Swarner MOVED for adoption of Ordinance No. 1388-90 and Councilwoman Monfor SECONDED the motion. There was no public comment. Councilwoman Swarner asked which building is to be abated. Deputy Attorney Graves stated the Harborview. Mr. Graves was asked if the abatement was to be completed in the near future. His answer was as soon as the litigation is completed a bid can be put out for the abatement. VOTE: Measles: Yes O'Reilly: Yes Smalley: Absent Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes KENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 MAYOR JOHN J. WILLIAMS, PRESIDING PAGE 6 C-3. Ordinance No. 1389-90 - Increasing Estimated Revenues and Appropriations by $3,240.00 in the General Fund as a Result of Drug Enforcement Administration Forfeitures. MOTION: Councilwoman O'Reilly MOVED for the adoption of Ordinance No. 1389-90 and Councilwoman Monfor SECONDED the motion. VOTE: Measles: Yes O'Reilly: Yes Smalley: Absent Williams: Yes Walker: Yes Swarner: Yes Monfor: Yes C-4. Ordinance No. 1390-90 - Increasing Estimated Revenues and Appropriations by $20,000 in the Parks Department for Construction of One Park Shelter. Councilwoman Monfor MOVED for adoption of Ordinance No. 1390-90 and Councilwoman O'Reilly SECONDED the motion. There was no public comment. Councilwoman Swarner asked Finance Director Brown if the appropriation of the funds was from last year's budget. Mr. Brown confirmed and added that after the money is appropriated from last year's budget it will be placed in the current Parks & Recreation budget for the project. VOTE: Measles: Yes O'Reilly: Yes Smalley: Absent Williams: Yes Walker: No Swarner: Yes: Monfor: Yes C-5. Resolution No. 90-34 - Accepting State of Alaska. Grant No. 9/91-906 in the Amount of $500,000 to Construct a Congregate Housing Facility. MOTION: Councilwoman Swarner MOVED for adoption of Resolution No. 90-34 and asked for Unanimous Consent. Councilwoman Monfor SECONDED KENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 MAYOR JOHN J. WILLIAMS, PRESIDING PAGE 7 the motion. There were no public or council comments. There were no objections to the request for UNANIMOUS CONSENT. SO ORDERED. C-6. Resolution No. 90-35 - Authorizing Submission of an Application to the State of Alaska for a Community Development Block Grant (CDBG) Under the DCRA/Rural Development Fund Program. Councilman Walker MOVED for approval of Resolution No. 90-35 and Councilman Measles SECONDED the motion. Mr. Wayne Leitner, P.O. Box 88, Kenai, AK. spoke from the public. Mr. Leitner has requested the City's involvement as a pass• - through entity for his business and the block grant. Mr. Leitner stated that he has reviewed the proposal and the ordinance with the Council members. As there is some question with the wording in the grant Mr. Leitner requested that the action on the resolution be tabled until he receives written explanation from the grantee. MOTION: Councilman Measles MOVED to table Resolution No. 90-35 and Councilman Walker SECONDED the motion. There were no objections. SO ORDERED. C-7. Resolution No. 90-36 - Accepting State of Alaska Grant No. 2/91-931 in the Amount of $3,300,000 to Construct a Congregate Housing Facility. MOTION: Councilwoman O'Reilly MOVED for approval of Resolution No. 90-36 and asked for UNANIMOUS CONSENT and Councilwoman Monfor SECONDED the motion. There was no public comment. There were no objections to the request for unanimous consent. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 MAYOR JOHN J. WILLIAMS, PRESIDING PAGE 8 Councilwoman Swarner asked about the progress of the sign to be placed on the site. Clerk Freas stated that she had spoken with the sign maker's secretary and that she was told the sign was to be completed by the end of the week. C-8. Resolution No. 90-37 - Designating Legal Secretary Diane Craig as Deputy City Clerk. MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 90-37 and asked for UNANIMOUS CONSENT. Councilwoman O'Reilly SECONDED the motion. There were no public comments. There were no objections to the request for unanimous consent. SO ORDERED. C-9. Resolution No. 90-38 - Awarding a Contract for Architectural/Engineering Design and Project Inspection for the Project Entitled "Kenai Bicentennial Visitors and Cultural Center" to Kluge & Associates for the Total Amount of $144,775. MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 90-38 and requested UNANIMOUS CONSENT. Councilwoman O'Reilly SECONDED the motion. There was no public comment. There was objection to unanimous consent by Councilman Walker. Mr. Walker stated that he objected due to the past record the City has had with this company. He added that there have been sizeable overruns on projects with which this company has been involved. It was explained that Mr. Kluge was not the design architect on those projects with the overruns. Mr. Kluge's firm did the inspection work. Attached to the resolution is a spreadsheet and memo from Engineer LaShot discussing how the different firms who submitted proposals were evaluated. Councilwoman Swarner asked if Mr. Kluge's firm had insurance for errors and omissions. Mr. Kluge stated that they did -- a $250,000 policy. Also discussedwas the negotiation of the bid submitted by Mr. Kluge. KENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 MAYOR JOHN J. WILLIAMS, PRESIDING PAGE 9 VOTE: Measles: Yes O'Reilly: Yes Williams: Yes Walker: No Monfor: Yes BREAK TAKEN AT 8:05 P.M. RETURN TO ORDER AT 8:35 P.M. ITEM D. COMMISSION/COMMITTEE REPORTS D-1. Council on Aging Smalley: Absent Swarner: Yes Councilwoman Swarner stated that applications for the Congregate Housing Design Committee were included in the packet. Also, that the seniors are all very happy about receiving the funding for the congregate housing project. Their next meeting is set for August 16, 1990. D-2. Airport Commission There was no meeting. The next meeting is scheduled for August 9, 1990. D-3. Economic Development Commission No report. D-4. Harbor Commission Councilman Walker reported that there has not been a meeting for the last two months. The next scheduled meeting is for August 6, 1990. Mr. Walker also reported that Mr. Leon Quesnell resigned his position from the Commission. Mayor Williams asked City Clerk Freas to do a thank -you letter to Mr. Quesnell for his years of service to the City. Mayor Williams reported to the Council that there are three applications on file for a position on the Harbor Commission. The names listed were Edgar Carle, J.D. Thompson and Samuel F. Maquire. After discussion, Council concurred with Mayor Williams to write an appointment letter to Mr. Maquire. Clerk Freas will write the letter. KENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 MAYOR JOHN J. WILLIAMS, PRESIDING PAGE 10 At this time discussion referred back to the Congregate Housing Design Committee. Copies of the applications submitted were included in the packet. The Mayor and Council concurred that the following people be appointed to the ad hoc committee: Kathy Gardner Sylvia Johnson Carole Geordge MOTION: Betty Warren Herbert Wilborg Martha Bethe Rosemary Wiese Councilwoman Monfor MOVED to establish the ad hoc Congregate Housing Design Committee to be sunsetted at the completion of the project. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. D-5. Library Commission Librarian DeForest reported to the Council of the successful summer reading program. Mrs. DeForest also reviewed with the Council her monthly report which was :included in the packet. D-6. Parks & Recreation Commission No report. Mayor Williams asked how soon the work can begin on the pavilion. Public Works Director Kornelis stated he has spoken with three concrete contractors. Mr. Kornelis will. have a price for the concrete work at the next meeting. D-7. Planning & Zoning Commission No report. D-8. Miscellaneous Commissions and Committees No reports. ITEM E: MINUTES E-1. Regular Meeting of July 18, 1990. Minutes were amended at Consent Agenda approval. KENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 MAYOR JOHN J. WILLIAMS, PRESIDING PAGE 11 ITEM F: CORRESPONDENCE There was no correspondence to discuss. ITEM G: OLD BUSINESS There was no Old Business to discuss. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Monfor MOVED to pay the bills over $1,000 and Councilwoman Swarner SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $1,000 MOTION: Councilwoman Monfor MOVED for approval of purchase orders exceeding $1,000 and Councilwoman O'Reilly SECONDED the motion. Councilwoman Monfor requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-3. Ordinance No. 1391-90 - Increasing Estimated Revenues and appropriations by $111,174 in the Capital Project Fund Entitled "Airport Taxiways A- 1 and A-2 Improvements." Approved by Consent Agenda. H-4. Ordinance No. 1392-90 - Amending the Official City of Kenai Zoning Map for a Portion of Section 32, T6N, R11W, S.M., Adjacent to F.B.O. Subdivision. Approved by Consent Agenda. KENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 MAYOR JOHN J. WILLIAMS, PRESIDING PAGE 12 H-5. Approval - Application for Lease/Grace Drilling Company - Lots 10, 11, 12, & 13, Blk. 1, CIIAP. Deputy City Attorney Graves was asked if the Legal Department had any objections to the approval of the application. Mr. Graves stated that there were no objections. City Manager Brighton stated that it is a renewal of their :Lease. MOTION: Councilman Measles MOVED for approval of the lease application of Grace Drilling Company for Lots 10, 11, 12, & 13, Block 1, CIIAP. Councilwoman Monfor SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-6. Approval - Easement on City Property/Pizza Paradisos/Portion of Sidewalk to be Covered by Canopy. Public Works Director Kornelis stated that a copy of the drawing was on the board for their information. (Also a copy was included with the Council's packets.) The owners are asking for an easement on City property for their project. The owners are adding a canopy to the building. Discussion followed as to the fact that there are several easements on City property in that area at this time. MOTION: Councilwoman Monfor MOVED for approval of the easement and. Councilman Measles SECONDED the motion and requested UNANIMOUS CONSENT. Councilwoman Swarner asked where liability would lie if there is an accident. Deputy Attorney Graves stated that the owner is responsible. The City is allowing the owner of Pizza Paradisos to be on the land. City Manager Brighton added that this does not mean that the City could not be stied. VOTE: There were no objections to request for UNANIMOUS CONSENT. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 MAYOR JOHN J. WILLIAMS, PRESIDING PAGE 13 H-7. Approval - Final Change Order/Kenai Municipal Airport Terminal Building. Public Works Director Kornelis stated that an explanation for the change order was attached to the copy in the packet. MOTION: Councilwoman Monfor MOVED for approval of the change order and Councilwoman Swarner SECONDED the motion. Councilman Walker had questions regarding the carpeting. It was explained that Mr. Schilling chose the carpeting he wanted. The City paid the contractor price and Mr. Schilling made up the difference. Also the dry system sprinkler in the glass tube was abandoned because it was no longer required. VOTE: There were no objections. SO ORDERED. H-8. Approval - Change Order #AB/Kenai Senior Center Dining Room Addition/25 Additional Yards of NFS Fill in the Bury Pit. MOTION: Councilwoman O'Reilly MOVED for approval of the Change Order #AB for the Kenai Senior Center Dining Room Addition and Councilwoman Monfor SECONDED the motion. Discussion followed as to the reason the need was not recognized at the time of the design. It was stated that it was invisible and outside of the area where soils tests were taken. The pit needed to be filled right away to get on with the project:. The pit was probably used at the time of the construction of the Senior Center. Even with test holes, it would have been hard to find. VOTE: There were no objections to the motion. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 MAYOR JOHN J. WILLIAMS, PRESIDING PAGE 14 H-9. Approval - Request for Security Assignment/Robert T. Bielefeld, Lot 1, Blk 5, Small Aircraft Apron Subd., City of Kenai There were no objections from the Legal Department. MOTION: Councilman Measles MOVED for approval of the request for :security assignment by Robert T. Bielefeld and Councilwoman Monfor SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. MOTION: Councilwoman Swarner MOVED to convene in executive session to discuss matters, the immediate knowledge of which, would clearly have an adverse effect upon the finances of the City of Kenai and requested that the City Attorney, Deputy City Attorney, Public Works Director and City Manager attend. There were no objections. SO ORDERED. Executive Session began at approximately 9:10 p.m. Council Meeting back to order at approximately 9:45 p.m. MOTION: Councilwoman Swarner MOVED to authorize the Legal Department to continue settlement discussion with Western Marine along the lines discussed in the executive session and asked for UNANIMOUS CONSENT. Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. ITEM I: ADMINISTRATION REPORTS I-1. Mayor a. Mayor Williams reported that Mr. Wm. J. Nelson requests a letter of indemnification from the City in regard to the design of the boardwalk. Deputy City Attorney Graves stated that the KENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 MAYOR JOHN J. WILLIAMS, PRESIDING PAGE 15 decision is more a policy decision. Mr. had reviewed the plans and saw no major Brighton stated that he had no concerns. MOTION: Kornelis stated that he flaws. City Manager Councilman Measles MOVED to have Administration prepare a letter of indemnification and Councilwoman Monfor SECONDED the motion. There were no objections. SO ORDERED. b. :Mayor Williams stated he had a discussion with Mr. Chuck Toolin, and attorney regarding the number of rooms for rent in the City and the relationship of the use of the float plane basin and airport for his operation at his Kalgin Lodge. Mr. Toolin and his partner have interest in looking in the Kenai Merit Inn. Mr. Williams will keep updated on this possibility. C. Mayor Williams asked Fire Chief Burnett if he examined the log cabin which ARCO would like to donate to the City for the proposed Ivanoff Park in Old Town. Mr. Burnett stated that the building is quite large and would mean blocking the road and moving power lines to move it to the site. He also stated that Sue Carter, Bicentennial and Visitors Bureau thought the building was not what they were seeking. d. Mayor Williams discussed with the Council the possibility of acquiring the Hakkinen bluff property as a viewing platform area. The sale price is $75,000, but negotiable. Mayor Williams asked that Administration talk with the Hakkinen's regarding this property. There were no objections from the Council for City Manager Brighton to talk with the Hakkinen's. e. Mayor Williams asked Public Works Director Kornelis if there has been any response from the Corps regarding the boat launch. Mr. Kornelis stated no. Mayor Williams added that he met with representatives from DNR in Juneau and has spoken with a representative of Tryck, Nyman & Hayes, consulting engineering firm from Anchorage. Mayor Williams suggested that the Council may want to give some thought to hiring an outside engineering firm to deal with the Corps. There may be some advantage to it as they have had more experience dealing with the Corps in like matters. KENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 MAYOR JOHN J. WILLIAMS, PRESIDING PAGE 16 f. Mayor Williams reported the following: 1. City of Seward is planning a major redevelopment of their harbor. 2. City of Ketchikan is rebuilding an old part of the town and making gift shops, etc. Very popular with the tourists. 3. In Juneau, moving toward a highway system from Haines. 4. In Whittier, planning a paved road system through the tunnel. g. Mayor Williams will be traveling quite a bit in the next 27 days. He may miss the next council meeting. I-2. City Manager City Manager Brighton brought to the Council's attention a memorandum from the Clerk which was included in the packet. The memo requests the Council set a date for the Christmas party so that reservations can be made early with the Senior Center. Council chose December 14, 1990. I-3. Attorney No report. I-4. City Clerk Nominating application packets are available in the Clerk's office. I-5. Finance Director No report. I-6. Public Works Director a. The final inspection of the overlay project has been completed. KENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 MAYOR JOHN J. WILLIAMS, PRESIDING PAGE 17 b. Pre -bid conferences were held today on A-1 and A-2 and the Highland projects. C. Attended the transportation study meeting today. Councilpersons O'Reilly and Swarner attended also. d. Sign has been placed on the Oberts property. e. All council chairs have been tightened. I-7. Airport Manager Airport Manager Ernst reported the following: a. The back step at the terminal has been repaired and the work on the stoop is still in progress. The work has been done by the new Airport Maintenance man. b. There are nine slips at the float plane basin leased and two pending. There are 10 transient, 14 private and ten commercial slips available. C. Construction with federal and state money is closed. d. Airport Manager, City Manager, Finance Director met with Chris Ericksen of Ericksen Group and discussed a contract for the promotion of the airport and float plane basin. The proposed contract should be before the Council at the next meeting. City Manager Brighton added that the float plane basin is a very popular spot. It is very pretty there. Mayor Williams added that he had a thank -you from Mr. George Ford for the port -a - potties at the beach. ITEM J: DISCUSSION J-1. Citizens No comments. KENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 MAYOR JOHN J. WILLIAMS, PRESIDING PAGE 18 J-2. Council Councilman Walker - No comments. Councilwoman Swarner: a. Requested an update of the status of the Carr's lease. Deputy Attorney Graves stated that Carr's had returned the City lease with their changes. Legal Department has reviewed those changes and returned their response to Carr's. At this time, City is awaiting a response from Carr's. b. Informed the Council of a telephone call she received from a citizen who complained of the loud cars and music coming from vehicles using Spruce Drive to go to and from the beach. City Manager Brighton stated that the appropriate place for the complaint was the Police Department. Mayor Williams stated that the Police Department should be directed to avoid using the entry drive of the RV park to pull over vehicles going through town. He suggested that if they had no choice of where the driver of the stopped vehicle pulls in, the officer should not use his flashing lights, etc. at that spot so not to disturb the people sleeping :in the park. C. (Swarner) Asked Public Works Director Korne!lis to eck the barricades at the float plane basin area. �d. Requested a flower box f2=Z-by the Extension / o b t o Benco Service t a placed at the corner of h B c Building. Perhaps railroad ties could be used. Mr. Kornelis stated that the ties he has available are to be used for the boardwalk. Mayor Williams advised that he understood the fi` ,f Railroad has ties for sale at this time. jyCouncilwoman Monfor reported that Old Town is getting cleaned up and the Fish & Wildlife buildings have been painted. Councilman Measles - No comments. KENAI CITY COUNCIL MEETING MINUTES OF AUGUST 1, 1990 MAYOR JOHN J. WILLIAMS, PRESIDING PAGE 19 Councilwoman O'Reilly - a. Asked for an update of the T-33 plane. Mayor Williams reported that he sent a letter to Colonel Taylor informing him that the plane is available to be picked up. Mayor Williams asked that Colonel Taylor schedule a time for pick up. b. Requested dust control for the rest of the C:ity's streets. City Manager Brighton stated that there is no more product to be used and there is no more money in the budget for such a project. The heavily travelled streets have been treated. The streets were treated on the basis of the traffic use. Councilwoman O'Reilly stated that there was a health hazard. City Manager Brighton stated that this late in the year, the problem should dissipate. However, funds can be appropriated. Also, the streets can be watered by Public Works if necessary. ITEM K: ADJOURNMENT Councilwoman Swarner MOVED for adjournment. The meeting adjourned at 10:25 p.m. Minutes transcribed by: Carol L. Freas City Clerk 8/8/90 ZZ �el AUG 1990 PrA T Y OF KEN Ile? ZZ\ z A/7 Al rid 4'^ sJ, A l I ` ;. Mayor Williams S: City Council August 4. 1990 210 Fidalgo Kenai, AK 99611 RE: NEW BOAT RAMP ON THE LOWER KENAI RIVER The Cone property, Cunningham Park, as well as the Warren Ames: Bridge location present many hurdles to the Bicentennial goals of providing much -needed boating, camping, and tourist opportunities on the lower Kenai River. An alternative site which would better address all concerns may lie across and up -river on land which the City of Kenai already owns. This land (see attached map and legal description) is not wetlands and would be a good boat ramp location, being just down -river of the popular "Bluffs" or "Big Bend" drift. In addition, at this location many suitable campgrounds could be provided, as well as numerous tourist attractions. This parcel of land is adjacent to undeveloped State of Alaska parkland, suggesting a mutually -beneficial project. In order to develop this land: 1. Access would have to be obtained from K-Beach Rd. 2. The land is not on the "right" side of the river 3. There are archaeological sites which would have to be preserved 4. Cooperation between state and city governments would have to be achieved These considerations do not present major barriers, and I believe that the site is the only lower river location which adequately addresses the needs of campers, boaters, and tourists while remaining palpable to the public and regulatory agencies. This site could become a model of cooperation between city, state, Native, and federal agencies. Since the location has evidence of Dena'ina culture, it would provide a wonderful opportunity to showcase this rich heritage with a "model village." Another possible., tourist drawing card here would be to install Potter's Marsh -like walkways across the river providing low -impact pedestrian access for wetlands viewing and to an enhanced fish -counting sonar facility. In addition, to possible bank fishing, the terraced terrain could provide numerous excellent campsites. Finally, the land the city owns is high and dry enough for a boat ramp. In the unlikely event that the Cone property on Beaver Loop eventually gains acceptance, it will only come after many months, possibly years, of dispute. Cunningham Park and the adjacent land is flawed by size, costs, and traffic considerations; the Bridge Access location has its own major set of problems. The City of Kenai ignored the importance of the sportfishing and tourism industries until only recently, and the lack of adequate facilities reflects that history. Now, with the bicentennial celebration nearly here, the City needs to concentrate on doing what needs to be done, not become mired in further controversy. Sincerely yours, Nathan 0. Daily P.D. Box 3337 Kenai, AK 99611 283-3964 I f Pae. — .4f 10 Li 29 c IS 1 C3) p :cg to 14, 5 41 On) ta r 'AVG I 1 12C Y-� STEVE COWPER GOVERNOR STATE OF ALASIiA OFFICE OF THE GOVERNOR 5 G,7 'Z34 ANCHORAGE August 3, 1990 cu John Williams, Mayor 210 Fidalgo Street ��,��° (c t-2,0 Kenai AK 99611 Dear Mayor Williams, The purpose of this letter is to notify Kenai Peninsula public officials and citizens of the upcoming Public Hearings by the State Reapportionment Board. These hearings will be held in Soldotna, Homer, and Seward on August 22 and 23. The purpose of these hearings is to take testimony from residents of the area regarding the redrafting of legislative election districts following the reporting of the 1990 Census. Growth on the Kenai Peninsula, and other changes in Southeast and Southcentral Alaska, may mean the Kenai Peninsula area will gain legislative representation as a result of the 1990 reapportionment. Kenai area growth poses substantial questions regarding how new House Districts might be designed, how Senate Districts might be designed to match House Districts, and under, what circumstances districts should, or might, include areas other than the Kenai Peninsula. Hearing times and Locations Homer - August 22, 1990, '10:00 a.m. Location: Homer City Council Chambers Soldotna/Kenai - August 22, 1990, 7:30 p.m. Location: Borough Assembly Chambers in Soldotna Seward - August 23, 1990, 1:30 p.m. Location: Seward City Council Chambers Our August hearings are designed, in part, to allow interested persons to prepare additional testimony as more accurate population data becomes available. We hope you might take this opportunity to testify, and encourage citizens to testify or come and learn something about the reapportionment process. Si ce I y Mik radner Executive Director State Reapportionment Board Alaska Reapport-ionment Steve Cowper, Governor - State of Alaska State Reapportionment Board, 3601 C Street, #758, Anchorage, Alaska 99503 (907) 561-4228 Preserving "Your Equal Vote" What the process of reapportionment is all about is ensuring that each person's vote is equal. The fundamental thesis of equality at the polls is derived from `one person/one vote" as prescribed by the 14th and 15th Amendment of the United States Constitution. The one person/one vote doctrine was enforced by the U.S. Supreme Courtin a series of 1960s landmark cases, and the equality of citizens' votes has been further policed by the statutory authority of the Voting Rights Act of 1965; and subsequent amendments. Next, the Alaska State Constitution provides for the methodology of reapportionment after each decennial census, defining a set of criteria that the State Reapportionment Board must apply in an effort to make legislative districts both `equal' and `logical.' Finally, the U.S. Constitution and the Alaska State Constitution allow any citizen immediate recourse in the Courts as a means of protecting their own equality. The Alaska process of reapportionment is unique in comparison to other states. Only in Alaska is the process provided as a duty of the executive branch of government, balanced by provision for immediate oversight by the state courts. In all other states the process is carried out by legislators, who then face the difficult task of policing theirown electoral interests among them- selves, a situation which results often in reappor- tionment being more about the comfort of incum- bent lawmakers than the interests of communities of the public. (Continued on backpage) Process Timeline ... See Back Page Constitutional & Legal Benchmarks See Page 3 The Reapportionment Board The State Reapportionment Board is a five -mem- ber board appointed by Governor Steve Cowper to carry out the task of reapportioning (redrawing) Alaska House and Senate districts following the reporting of the 1990 census. State Overview ... Page 2 �_ Chuck Robinson, Chair Kenai Lisa Parker, Vice Chair Anchorage Marlene Johnson Hoonah Gene Peltola Bethel Karen Parr Fairbanks -n0- 1990 Population 531,000, Meal District 12,400 ??? Between 1980 and 1988 Alaska is estimated to have grown in population from 400,481 to 531,000. The state population is further adjusted by a survey of military population, which develops a military resi- dency factor for main military population areas. The adjusted Alaska population used in redistricting in 1980 was 368,420, while the adjusted 1988 figure produces a redistricting figure of 494,367. What this means is that in 1980 Alaska House districts had an `ideal' population of 9,210, while in 1990 that figure is expected to be about 12,400 per district. A Senate district is then two House districts, or roughly 24,800. District Overview In the end the census figures will tell the final story, but looking at how districts and regions fit the 12,400 figure gives us a rough picture of what changes 1990 reapportionment might bring. Southeast: Southeast currently has six House dis- tricts, and could slip to five. The two -seat Ketchikan and one -seat Sitka districts are low in population, while 2-seat Juneau and the 1-seat Southeast Islands district are almost on the 12,400 mark. But it may be the Southeast Island District that has to give way. The low Sitka and Ketchikan areas are trapped by sea and international boundary. These districts have nowhere to go for population except to invade the integrity of the Islands District. This also leaves an odd number for Senate seats, which means a Southeast Senate district may have to reach north and include one Southeast House district and a House district in Southcentral — most likely Prince William Sound. This then changes the configuration of Senate districts in Southcentral. Southcentral: Population growth in Mat -Su appears to mean that area will grow from two -House seats to three. Kenai also may gain a third House seat if dis- tricting makes the Borough borders "whole." This then sets the stage for a new configuration of Senate dis- tricts. With three House seats each, both Kenai and Mat -Su would have an odd number for designing of Senate seats exclusive to their ;area. This means that somehow a Senate seat will likely have to include areas of Mat -Su and the Kenai Peninsula. "Ilie Kodiak dis- trict is showing a slight surplus in population estimates. Anchorage: Anchorage grew almost at the 33% state level, but may lose a half -seat (South Anchorage/ Niluski split). While Anchorage's growth was strong dw-ing the decade, Kenai grew by 65% and Mat -Su by 114%. Anchorage will face internal demographic changes. The older downtown districts are low in population, while the outer neighborhoods have grown. Interior: The Fairbanks area appears reasonably com- fortable in population estimates. The North Pole area may have a surplus. Some population may therefore be ,apportioned to other Fairbanks districts, or to make up for low population in the nearby highway District. Westward: The Rivers District (24) is low in popula- tion, but might gain an offset from Fairbanks. The Westward Districts are all low, but marginal. These districts are Barrow/Kotzebue, Nome/Yukon, KuskokwimBethel, Bristol Bay/Aleutians. District Surplus/Deficit (High/Low from New 12,400 Ideal District) Dist 1: Ketchikan (2 seat)..... 3,042 low. Dist 2: Southeast Islands (1) ....359 low Dist 3: Sitka ......... .......3,3511ow Dist 4: Juneau (2-seats) ... ......49 low Dist 5: Kenai (2-seats) ....... 3,572 high Dist 6: Prince William (1) .... 2,804 low Dist 7: S.Anc/Nikiski (1) .... 4,574 high Dist 8: Hillside (2) ......... 1,189 low Dist 9: Turn/Sand Lake (2) ... 2,577 high Dist 10: Midtown (2) .. . . 250 high Dist 11: Spenard (2) .:.::.... 2,420 low Dist 12: Downtown (2) .... .. 2,536 low Dist 14: Muldoon (2) ..........106 high Dist 15: ER/Chugiak(2) ...... 1,716 high Dist 16: Mat -Su (2).......... 6,633 high Dist 17: Highway (1) ........ 1,482 low Dist 18: SE/Fbx (1) ......... 3,711 high Dist 19: Outer Fbx (1) .........851 low Dist 20: Fbx City (2)...........405 low Dist 21: West Fbx (1) .......... 26 high Dist 22: NS/Kotzebue (1) ...... 705 low Dist 23: Nome/Yukon (1) ...... 689 low Dist 24: Interior Rivers (1) ... 1,144 low Dist 25: Kuskokwim (1) ....... 855 low Dist 26: Bay/Aleutians (1) ...... 977 low Dist 27: Kodiak (1) ........ 267 surplus Federal Voting Rights Act The 15th Amendment of the U.S. Constitution prom- ised that the right to vote shall not be abridged by the United States, or any state, on account of race, color, and previous condition of servitude. Almost a hundred years later, Congress passed the Voting Rights Act of 1965. This Act protects the right to vote promised in the 15th Amendment and enforces the 14th Amendment (equal protection). End Of Literacy Tests The Voters Rights Act did away with the literacy and other voter barriers. The ongoing purposes of the Act are to protect voters from discriminatory actions that infirm the equality of their vote. Section 2 - Applies To All Section 2 of the Act applies to all states and prohibits actions that discriminate on the basis of race, color, or language group. Section 5 - Justice Review Of Actions Section 5 of the Act applies to a more limited group of states which fall within criteria established by Congress. Generally, these states are in the south, and have large ethnic populations. However, Alaska, be- cause of its large ethnic population and diverse native language groups, is among them. Section 5 requires Alaska (and certain other states) to pre -clear their Reapportionment Plan (and all elec- tion laws) with the U.S. Department of Justice. What this does is provide an automatic oversight of such law where large groups of minority population exist. Retrogression Test In terms of reapportionment, the Justice Depart- ment applies what is called the "retrogression test.' This means that whatever action a state has taken, its action should leave minorities no worse off then under the former scheme. This test, of course, must exist within the constraints of overriding constitutional re- quirements, such as one person/one vote. However, what it does is put a burden on states and local govern- ments to ensure they have exhausted all alternatives before adopting a system that weakens ethnic interests. (Continued right column) Constitutional/Statutory Bench Marks Federal Constitution One Person/One Vote Federal Law Requirements of Federal Voting Rights Act State Constitution Districts Contiguous and Compact Territory Relative Integrated Socio-Economic Area Consideration of Local Government Boundaries Consider Drainage and Geogiaphic Features, Wherever Possible Alaska's Ethnic Issue Alaska does have sensitive problems, and must be careful to maintain the integrity of rural districts where majority residents are predominantly native Alaskans. Since Alaska has a very fast growing population, in the more urban areas of the state, the rural ethnic districts have been under continual pressure since statehood. The problem of maintaining the integrity of rural ethnic based districts is funi.I,,r complicated by the fact Alaska has the smallest Legislature in the United States. The Smallest Legislature Alaska has a 20-member Senate and a 40-member House. Only two other states have a Senate and House of less than 30 and 60. The Justice 'preclearance' has never created a serious problem for Alaska, but Alaska's ethnic based districts have also fallen from about 12, at statehood, to perhaps only 5 after 1990. Alaska has consistently failed the 'retrogression test,' but only under the overriding demands of one person/one vote and the fact that Alaska plans have demonstrated significant effort to ensure that ethnic based districts were not unnecessarily reduced. The problem Alaska may have, is that the U.S. Justice Department may suggest our Legislature is not large enough to provide reasonable ethnic representation. Alaska Process Timeline State Reapportionment Board Public Hearing Process June, 1990 to January, 1991 Special Studies, Development of Geographic Computer Mapping System Reporting of the Census April 1, 1991 Board has 90-days to Produce a Plan Latest date July 1, 1991 Governor Public Reaction to Board Plan. Governor has 90-days to Review Governor May Change Plan for Written Reason Estimated Latest date October 1, 1991 Justice Department U.S. Justice Department, 60-day Review Latest Date January 1, 1991 State Courts Legal Objection Filed 30-days After Governor's Proclamation. Length of Litigation Indefinite Federal Courts Citizens May File Actions in Federal Courts. Length of Litigation Indefinite U.S. Justice Department Objection by Justice Means State Must Alter Plan to Meet Objections, or go to Special Three - Judge Federal Court in Washington D.C. for Special Clearance. The Alaska System N (Continued from Page 1) The Alaska State Constitution, in 1955, took an innovative approach to the uneasy task of political redistricting. The Alaska Reforms The constitutional drafters assigned the role of reapportionment to a five -member reapportionment board appointed by the Governor. They removed the Legislature from any direct role in the process. But the Constitution then placed two significant `checks and balances' on this executive power. First, the Constitution spelled out a list of criteria the Board must follow in redrawing election districts. Second, the Constitution provided for swift court review. Any citizen has standing to bring a legal action within the 30-days of the "Reapportionment Proclamation." The Alaska system represents a significant reform in the reapportionment process among all the states, and is p-.rhaps the most significant change among state systems across the country since the late 1700s, when Governor Eldridge Gerry of Massachusetts had his name tagged to the misuse of redistricting —giving rise to th. term "Gerrymandering." Court Review: Part Of The Process Every Alaska Reapportionment Plan, except the plan of 1.962, has been subject to litigation and court review. Alaska 'reapportioned' for the elections of 1958 (dune at the 1955 Constitutional Convention), in 1962 (1960 census), 1966 (elirrsnation geographic Senate), 1972 (1970 census), 1974 (after litigation), 1982 (1980 census), and 1984 (after litigation). Those closely involved with the reapportionment process have come to view court review as the norm, something just short of `automatic' review. What generally happens is that the Court does not strike down a. plan, but rather calls into question certain features, or population balances. This generally results in an adjustment of the plan, only involving one or two areas of the state. Only once, in 1972, has the Court brought down an entv-e Reapportionment Plan. The Court in 1972 provided for an emergency Interim Court Plan to be used until 1974. PAYMENTS OVER $1,000 WHICH NEED COUNCIL APPROVAL OR RATIFICATION COVNCIL MEETING OF: AUGUST 15, 1990 FOR RATIFICATION: ��-t��}t-�-��..�,...�xa,.tag*z**zz��:ez�*r.»**#��t#�*t*»*�:�»:��at»*t#tzar:a::**»***z#th*»*x*.*t.*�•�*�*�*viz»z-��:**��*�t�t�tz**t*z*r:�**�.»::�:��t��*fit**»tz*�*t-»t::» VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOU"'T MISC. DOYLE'S FUEL FUEL SHOP OPERATING SUPPLIES 4.426.88 CENTRAL PEN. COUNSELING SERV. JULY & AUGUST SR. DAY CARE GRANT SR, DAY CARE STATE AGING GRANTS 14,608.00 TELEI'HONE UTILITIES PHONE SERVICE VARIOUS COtlMUNICATIONS 2,365.12 PERS JULY PERS VARIOUS LIABILITY 32,082.05 NATIONAL BANK OF ALASKA T-BILL 8/2/90 CENTRAL TREASURY CENTRAL TREASURY 1,921,497.00 7.75% INT. T-NOTES 8/2/90 CENTRAL TREASURY CENTRAL TREASURY 1,500,568.75 7.85% INT. VANGUARD MlMF 8/7190 CENTRAL TREASURY CENTRAL TREASURY 350,000.00 7.83% INT. FOR APPROVAL: VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT RISC. zi:cza#zzz*»z:ra zt.:szz�:�.zap.::zz.�:*::*�zat#e*zz»z*c#zzt r::t*»»azt*z*t*z*zzz*a**t*azt**a#tz::�•***�t:*::a*t*ttze:a:*tzztazad:'.:»e:*:;#r:a*�z�: �. -. r: �az r.;:»»;':.»*z*r:*t-:sz e�:.:: ;; t:a ::»�- QIALITY ASPHALT PAVING FINAL CP—A/P OVERLAY 2 CONSTRUC'TION 11.165.06 G & S CONSTRUCTION PAY EST. NO, 13 CP—A/P TERMINAL RENOV. CONSTRUCTION 17,794.84 KENAI CHAMBER OF COMlMERCE/ DONATION LEGISLATIVE MISCELLANEOUS 26.400.00 VISITOR CENTER ALBERT MAFFEI, ATTORNEY CITY OF KENAI VS WILDWOOD DEVELOP. CP—FLOAT PLANE SITE 2.000.00 .JRCHASE ORDERS OVER 51,000 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: AUGUST 15. 1990 __=�,t.��te��e_•_„��__a.t�f*s:raty��r��N_r�x��A��*tta��::,tt,t��re_t¢�-+��:t��rc�,ta,ec=rea,ta+a��,t*tt.��t.��tr:�=��-��:� VENDOR DESCRIPTION DEPARTMENI ACCOUNT AMOUNT __�x__��:e��:s�at��:a��r�t-��.;y�_�-��=a��:,tat�a��a��:roc-��t�;t��:�r:,t�ta��=��=�a��aa��r�;��-��:at�att��c•��a�t+t��,t�,tt�r:�:��::�•� ALASKA CLEANERS MONTHLY CLEANING & REPLACEMENT OF MATS TERMINAL REPAIR & MAINTENANCE 1.930.00 1?fER'ICAN DECORATING CO. 85 BANNERS BEAUTIFICATION SMALL TOOL & MINOR EQUIP. 6,480.20 ANCHORAGE COLD STORAGE AUG. GROCERIES COA-CONGREGATE `SEALS OPERATING SUPPLIES 3,200.00 COA-HOME DELIVERY OPERATING SUPPLIES 800.00 BEAVER LOOP WELDING FURNISH & CONSTRUCT PARK SHELTER PARKS BUILDINGS 9.998.00 CF:AIG TAYLOR EQUIP. OPERATIONAL CHECKS ON GENERATORS SHOP REPAIR & MAINTENANCE 1.398.00 CRAIG TAYLOR EQUIP. WASTE OIL FIRED HEATER SHOP MACHINERY & EQUIPMENT 2,995.00 ERIKSEN GROUP AIRPORT PROMOTIONS AIRPORT ADMIN. ADVERTISING 8.000.00 FIREPROGRAMS COMPUTER SOFTWARE FIRE MACHINERY & EQUIPMENT 4,100.00 GAYLORD BROTHERS PLASTIC MAGAZINE STORAGE BOXES LIBRARY OFFICE SUPPLIES 1,199.50 GREATLAND COMPUTERS INSTALL NETWORK STATIONS FIRE MACHINERY & EQUIPMENT 4,729.50 JACKOVICH TRACTOR ANTIFREEZE PUMP & GREASE PUMP SHOP MACHINERY & EQUIPMENT 1,151.10 JAY'S PAINTING PAINT EXTERIOR TRIM ON POLICE REPAIR & MAINTENANCE 975.00 PUBLIC SAFETY BUILDING FIRE REPAIR & MAINTENANCE 1,375.00 F:F':AT MASONRY SLAB & BLOCKS FOR PART: SHELTER PARES BUILDINGS 4.900.00 M.ALJNEY & HAGGART CONTINUING LITIGATION - MSM PARTNERSHIP ATTORNEY PROFESSIONAL SERVICES 10.000.00 POLAR SUPPLY TRAFFIC PAINT STREETS REPAIR & MAINT. SUPPLIES 4,594.00 E:IRLENE REED/ RECORDING & TRANSCRIBING CLERK PROFESSIONAL SERVICES 3.000.00 EAR?LAKK SECRETARIAL COMMITTEE AND CO`.MISSION MEETINGS ROGER'S PAINTING PAINT INTERIOR OF LIBRARY BUILDINGS REPAIR & '.MAINTENANCE 4,480.00 NC MACHINERY HYDRAULIC TESTER & ADAPTERS SHOP MACHINERY & EQUIPMENT 2,855.69 SOLDOTSA PRINTING PRINTING OF UTILITY BILLS & CHECKS FINANCE OFFICE SUPPLIES 2.730.00 TRANSALASKA TITLE TTTT,F TtiS. FnR FFtiai VISrTngc & rAnm PRC'FESSTn-7 —P.VICES CLZTLRAL CENTER 3 259`J e, A P U B L I C R E L A T 1 O N S C O NI P A N Y CONTRACT The Eriksen Group agrees to provide the City of Kenai with the fol to :A: ing services for its Kenai Airport promotional campaign: One, three part press release - subject matter detailed in attached proposal Pre -written stories as requested by publications Distribution of press release and stories as detailed in attached proposal Follow up with media on placement of press release and story A custom designed map showing flight distances to Kenai from around Alaska provided with each press release Photos as needed by publications A direct mail flyer - see attached proposal for detail Lists for distribution of direct mail flyer -see attached proposal for lists The Eriksen Group will provide these services at a rate of $70 per hour on all hourly charges. All third party expenses pre -paid by the Eriksen Group for reimbursemerit will be marked up 2017c. While the prices listed in the attached proposal are estimates, the cost of these services are not expected to exceed $8000. Kris Eriksen - Owner Date The Eriksen Group Randy Ernst - Airport Manager Date City of Kenai 44539 Sterling Hwy. 0 SoIdotna, Alaska 99669 (907) 262-2664 RECOMMENRATIONS STORY IDEAS Stories will include information on the airport in general but, rriore specifically, the floatplane base and the General Land Use Systerjl. FLOATPLAHE - The enlpha-,is will be on the availability of tl-i 41 floatf)larle base, it's {jr'OY.Iinity to ITla�ly ,�l%pll,dr Z�et-a'vvcay spoI.:� lr'i Southcentral Alaska, and Kenai as a convenient altet—native to Anchorage for supplies and refueling. IL_ U`_;t SYS I E1`1 - The ern)hasis will be on the history of the land use sy_--jern, the city's plan for development of the land around the airp!)rt and the economic benefits the city stands to gain by developing airport frontage business. STORY PLACEMENT Stories should be placed in the following magazines, newsletters and nev✓spa,pers: Industry publications Air Al 3e=.I:a l la. azine - 900 `8. 5th Ave., Anch. 272-7500 1,r'3teI' F1,�Quarterly This QuarterThis is a publication put out by the tJational Se_jplane Pilots Assoc. and the local president says he would be happy to write an article for the rnagazine which is published it-) January F< April, V,111 need inforrnation by the end of l,lovember. Alaska Air tlevYsletter - This group has. rnernbers that ,work vvith air carrier oiDerations, all the way to ��-r,e �_:�lrr1er' life AIa�I h � �i ja a �ic:L l,. available but. Dui � ��.a r,1r11iit'_,, ivC ri c:i ifi� i udc i they w _iuId be ilaf)rly to p:Jt sc)rnet, hing in the nev. ,letter inJanuary or April of 11)')l '5end inT) a few vJeeks ahead of time to Kim Daniels 404,0 P ' treet., arch. 9 9503, `Nestern Flyer 11-agazine - Ala,=ka Flyer Section. A member of the Alaska Airnjan's Assoc. says he can make arrangernents for Getting a story irl this publication. Alaska Aviation Safety Foundation 1•lev letter - This organization supports flying Safety through education and sends out a quarterly ne,v sletter. Berri info to Ginny Hyatt, 4134 Inqra Street, Suite 201, Anchora.7e 995,03. 786-3551 Alt- C r -att Oy"rie1 1r!J P 1 lo ts 4'z-S Ci-atjr,n f -i)g-D-inn - T►-1is lr), a)) monthly publication. A. release should be sent to the magazine rep, in Oregon, He feels they will print something. However, the odds would be increased if photos were included. Send to Ray Costello, AaP.A Northwest Rep, 490 N.W. Rivendall Lane, Corvallis, Oregon 97330 (503) 745-7584 or (507) 745-5175 hm. General Magazines Alaska Magazine - general interest magazine Alaska Business Monthly - an Alaska business publication Newspapers Anchorage C►aily News - daily paper Anchorage Times - daily paper Peninsula Clarion - 5 day per week. paper Alaska Journal of Commerce - business tabloid paper PRESS RELEASES Press releases, as opposed to pre -written stories, should be sent to the following publications and TV and radio stations: Water Flying Quarterly Alaska Air Carriers Association Western Flyer -Alaska Flyer section Alaska Aviation Safety Foundation Alaska Magazine Anchorage Daily News Anchorage Times Peninsula Clarion T. V. Channe Is 1 1, 13, 2 Radio stations K:FOD, KWHL, APRN, KASH, KYAK, KXDZ, etc. PRE -WRITTEN STORIES Air Alaska Newsletter Alaska Journal of Commerce ARTWORK Each press release should be accompanied by a camera ready, black. and white map showing the flight distance and flight tirne bet,,vee►) the Kenai Airport and several cities around Alaska. Many publications would appreciate and use this graphic. PHOTOS Professional photos would increase the chances that we get coverage in most of the publications. Some places will want black and white, some will want slides, and some color prints. We will have all three produced and ready to send to meet each publication's requests. DIRECT MAIL FLYER This flyer should be sent to members of the following organizations around the last week in April, a few weeks prior to ice out in most places. It will include a detailed drawing of the layout of the airport, information about getting fuel, and the location of phones, transportation, supplies and nearby camping or lodging facilities. It should also include some information about the land available for lease for airport industries although, we will rely primarily on the business publications to convey that message. The direct mail piece should be sent to: Elrnendorf A.ero Club - We may be able to put something in the club house but, we won't be able to get a mailing list. A lot of these guys rent planes to go fishing in remote areas. .Alaska Airman's Association - There are 600 Alaskan members. While we cannot have the mailing list, they would be happy to mail it for us, for the cost of postage or about $150. Send info to Kent Woodman, c/o UAA Aviation facility, 1515 E. 13th, Anch. AK. 99501. 272-1251. All licensed pilots in SouthCentrai Alaska - 3,031 approx. � It will cost about. $130 to get the list on labels. This list will include all floatplane pilots in the area so there is no need for that list as well. All Pilots on the Lake Hood waiting list - 535 approx. The list would run about $50 on labels. I'm not sure why we need this. I doubt Anch. people would base a plane here when it's a three hour drive to get here. I think we're better off trying for transient business from those who already have a spot at Lake Hood, All pilots with Lake Hood tiedowns - 800 approx. The list would run about $50. This would be an excellent resource and a must. Registered guides, master guides and transporters - 650 approx. These are all the people licensed to fly people in for a guided hunt. A few are horse outf i tters but not many. Transporters are the f lyers who just take people in and drop them off and then come back to get them later. The list is $100 plus 1 cent a label or about $106.50. Aircraft Qwners and Pilots .Association - There is a list available for the 7(_)00 Alaska members of this national organization. PROPOSED BUDGET PRESS RELEASE (Each packet should contain 3 releases: 1): overview, 2): the Floatplane Base, 3). the General Land Use System). I have not included the cost of making copies or postage as you indicated the city would take care of that. However, i did include time for me to come over and make the copies and organize the packets Writing 5 hrs $ 350.0r, Research 3 hrs $ 210.00 Marketing 6 hrs $ 420.00 Mailing 2 hrs $ 140.00 Organization 4 hrs $ 280.00 Phone calls (50) 50.00 $ 1450.00 PRE —WRITTEN STORY Writing 6 hrs $ 420.00 Research 3 hrs $ 210.00 Marketing 3 hrs $ 210.00 Phone calls 15 $ 15.00 855.00 PHOTOS Photographer 4 hrs $ 280.00 Developing $ 720.00 (rough estimate) $ 1000.00 ARTWORK Design work 4 hrs $ 28n,00 Proofing 1 hr $ 70.00 Printing $ 500,00 DIRECT MAIL PIECE 1 sheet of 8 1 /2, by 1 1, gloss, 100� text stock, printed both sides, in two or three colors, no photos, with center outside panel designed for mailing Information. 10,000 count (more or less may be needed as we refine the mailing list). Design work 7 hrs $ 490.00 Writing/proofing 5 hrs $ 350.00 Printing/paper 2 colors over 2 colors $1050.00 2 colors over 3 colors $1295.00 Other charges (design supplies) 1 75.00 $2210.00 OUT FLY -IN BREAKFAST n�r�j Te _ Heat>,Hats Tabl Cookies 250 250 5 PrIdenttonsAdvAero e t coordination 30 hrs e alternatives to normal hats) Painters caps Visors with flip - asses LIST PURCHASE emberG Alaska Airmen's Association 750 All licensed pilots in S.C. Alaska 3031 Lake Hood pilots with tiedowns 315 Lake Hood pilots on waiting list 538 Registered guides 650 Airplane Owners & Pilots Assoc. 3000 POSTAGE On approx. 8700 direct mail pieces @.21 TOTAL ESTIMATED BUDGET $1000.nn $ 500.0 500.00 $ 500.00 $1400.00 $ 710.00 100.00 $ .00 $ 5500.0 $ 500.00 $2100.00 $13160. $ 150.00 $ 130.00 $ 50.00 $ 50.00 $ 106.50 $ 486.50 $1827.00 $21,8385.00 Costs for stapling, labeling, and mailing of the 8700 direct mail pieces are not included as the City of Kenai has indicated that city employees will take care of it. DIRECT MAIL DESIGPI - Design work can begin this fall in order to avoid any design or printing rush in the early spring. We recommend that the flyer be done on white, glossy, 100 T text stock in two or three colors (black: being one), It will fold with the center outside panel designed for stamping and addressing to avoid the expense of envelopes. ICE OUT FLY -IN BREAKFAST The second or third week in May (the ice MUST be out for this) would be a perfect time for a Kenai Airport Fly -in Breakfast. Timing is important in this case - it must be late enough that the ice is out, but early enough to be one of the first flying events of the season. This breakfast should be targeted to all pilots, not just float pilots, as there is limited floatplane slip availability and many wheel tiedowns that are not taken. This would also stimulate cleneral interest in the airport. This is primarily an opportunity to familiarize people with the airport, the fuel situation and the availability of phones, transportation and other supplies and facilities. it's important that they have a good time and have access to ail the information they need. A contingency plan should be included in all promotion materials and ads stipulating that, should it rain or snow, or should visibility at the Kenai Airport be less that X number of miles, the event will be postponed one week.. It will be necessary to: *Have food for at least 200 people *Have warm up tents available with heaters in case it's very cold that day *Have flyers available for distribution. *Have application forms available for slip rental *Have airport personnel available to answer questions *Have T-shirts or ribbons that identify those who can answer questions *Have tables and chairs rented for seating *Have cooking facilities put up *Have transportation available in case anyone wants to Qo into town *Have a back-up plan for poor weather ADVERTISING If it's timed correctly, minimal advertising should be necessary. If it is planned ahead of time, the Fly -In Breakfast can be on the direct mail piece that is being printed, as those will be widely distributed. A little back-up advertising in Anchorage the week prior to the event is suggested. OTHER ENTERTAINMENT It might be amusing to provide awards for the pilot who flew the furthest, the pilot who flew the biggest plane, the pilot who flew the smallest plane, and the organization or club that brought the most members. The awards should be something that can be used in the plane or perhaps a special edition hat or shirt that says "Kenai Airport's Ice Out Fly -in Breakfast - 1991" It might also be a good time to offer some sort of discount for those who sign up to rent a slip the day of the breakfast. Perhaps another alternative might be to provide a coupon for a day or two of free parking in the transient area, If possible, some sort of aerobatic demonstration would be interesting (if we have anyone capable up here) or some sort of display plane that pilots would love to see close up - either very old or very new. Some suggestions might be military aircraft, antique aircraft, ultralights, gliders, human or solar powered or homemade airplanes. Return the white copy of pages 1 and 2 to: Alaska Department of Commerce and Economic Development Division of Occupational Licensing P.O. Box D-LIC Juneau, AK 99811-0800 Retain yellow copy for yourrecords Games of Chance and Contests of Skill PERMIT APPLICATION AS 05.15.020 and 15 AAC 105.100(a) Please read the instructions before completing this application. I All sections of the application must be completed 1. NAME OF ORGANIZATIONI 5. ESTIMATED 1990 GROSS RECEIPTS 'N At l,-i dN S CLu $ Mailing Address BA. RENEWAL APPLICATION / Most Recent _ /�Z' Year Permit Number: �) issued:_ qv City, State, Zip Code Attach the following required Items: AVqC / `1 {v ! ❑ Current Alaska membership list (must have at least 25 members) ❑ Copy of amendments to articles of incorporation and bylaws, if _ 2. TYPE OF ORGANIZATION 3. TYPES OF GAMES. List by com- any; include copy of amend men ticertifi ate of Check one box. For definitions mon name if other than those incorporationireinstatement. see AS 05.15.210 and 15 AAC listed. See AS 05.15.210 and 105.110: 105.010.160. 105.160. 6B. NEW APPLICATION Number of years organization has been in existence in Alaska: 1-1 a. Charitable El a. Bingo NOTE: Bingo games 9 b. Civic or Service must not be held more Attach the following: El c. Dog Mushers' Association than 9 occasions in a calendar month with no El Current Alaska membership list (must have at least 25 members) J d. Educational more than 35 games per ❑ Certified true copy of articles or incorporation, and Cl e. Fishing Derby Association session or series of games. copy of bylaws and national and state charters ❑ f. Fraternal }Id b. Raffles 8 Lotteries ❑ Copy of IRS certificate or letter or tax exemption Issued -3 g. Labor X c. Pull Tabs to nonprofit organizations, if applicable ❑ h. Municipality ❑ d. Ice Classics ❑ Documentation showing organization has been in J i. Nonprofit Trade ❑ e. Do Mushers' Contests 9 existence in Alaska three years or more (e.g. bank statements, correspondence to the organization, receipts Association f. Fish Derbies for services rendered or supplied, etc.) ❑ j. Outboard Motor g. Rain Classics Name and Mailing Address of National Organization (If applicable): Association It. Mercury Classics ❑ k. Police or Fire Department ❑ i. Goose Classic and Company El j. Salmon Classic ❑ 1. Political ❑ k. Contests of Skill 7A. ACTUAL 1989 GROSS RECEIPTS $ 7B. FEE. Check the appropriate box and enclose the correct amount. U m. Religious ❑ 1. Marksmanship ❑ n. Veterans Rifle, Archery or Pistol ❑ 2. Races If gross receipts from all Then the 1989 gaming activities were: Permit Fee is: 4. ORGANIZED AS: Corporation ❑ 3. Track and Field Events $0-$19,999; or if you are a New Applicant ;iK ......... ..... $20.00 `` �Pubiic El Private ❑ Partnership El$20,000-$99,999..................................... $50.00 • Association ❑ $100,000 or more ................................... $100.00 8. LOCAL OFFICERS (must be current, bona fide members in good standing) NAME TITLE SOCIAL SECURITY NO. DAYTIME TELEPHONE NO. �Rfjz - r�2�s S�3-Sk-�'S38 z�2- gZBj 517 (��nr?itS TwI41tojE"L S'1*-I - (63 Z 763- 757f— FOR DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT USE ONLY Date of Receipt Stamp Permit Number late of Issue: Ouarterly Reports Filed ❑ 1 Financial Statement: ❑ Yes 1% Fee ❑ Yes ❑ No Ll 2 ❑ 3 ❑ 4 ❑ No ❑ New NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. 08-4039 (Revised 11/89) (1) 9. DEDICATION OF NET PROCEEDS. Before a permit can be granted, the organization must plan to use the net proceeds from gaming activities for the awar- ding of prizes, and for political, education, civic, public, charitable, patriotic or religious uses in Alaska. (See instructions for specific rules on how proceeds can and cannot be spent.) In the space below, tell how your organization lans to u e the net proceeds from th gaming activities. Be specific. J Adoles 10. PERSON IN CHARGE OF GAMES. This must be a bona fide and active member of the qualified organization, or an employee of the municipality. This person is responsible for maintaining the records and preparing all the required reports. An alternate member must be designated as the responsible person during the absence of the member in charge. If more than one alternate is to be designated, attach a separate sheet and provide the required information asked for on this page for each. 11 any primary or alternate member in charge changes during the calendar year, you are required to notify the Department of the new person(s). A. PRIMARY B. ALTERNATE Name UJ PXNf.R� Daytime Telephone No. Name Daytime Telephone No. TAddress OK 2(oo2 Social Security No. Mailing Address -24o Social Security No, 9/7-69- 53 City, State, Zip Code Title City, to. Zip Code Title Trtsu►� l et~. 11. LOCATION OF ACTIVITIES. Specify where the games will be conducted, Including the drawing of raffle tickets. If this location changes, you must notify both the Department of Commerce and Economic Development and the local government within 10 days. (For more than one location, attach a separate sheet.) Name and Street Address of Premises Daytime Telephone No. of Premises 12. OPERATOR (if any). If an operator is employed to conduct the gaming activities, you must provide a copy of the contract with the operator to the Department of Commerce and Economic Development at least 15 days before activities commence. You may contract with only one operator for each type of gaming activity. The member who has been designated above as the person in charge of the games is responsible for monitoring the operator's performance. Name of Operator I Copy of Contract with Operator: I{ ❑ Is Attached ❑ Will be sent by certified mail no later than 15 days before the activities are conducted. 13. THESE QUESTIONS MUST BE ANSWERED. YES N() ❑ A. Has any person listed In 10 or 12 above ever been convicted of, or on parole for a felony within the preceding five years? ❑ A B. Has any person listed in 10 or 12 above ever been convicted of a crime involving theft or dishonesty, or has ever been convicted of a violation of a municipal, state or federal gambling law? ❑ VC. Will any person listed in 10 or 12 above receive compensation of any kind from the receipts of the gaming activities? If yes, explain. r 14. SIGNATURE. This application must be signed by the primary person In charge of games listed in 10A above. CAUTION: A photocopied signature will not be accepted. Make sure that the original signed application Is filed with the Department of Commerce and Economic Development. Submit a copy of the board resolution or minutes of meetings giving authority to the primary member in charge to sign the application on behalf of the organization. I declare under penalty of unsworn falsification that I have examined this application, Including any attachment, and that to the best of my knowledge and belief it is true and complete. I understand that any false statement made on this application is punishable by law. I further declare that two copies of this application have been delivAred to the nearest city or,lborough office for review. Signature Printed AName DateA, SW)jR_ 15. CITY OR BOROUGH RESPONSE TO APPLICATION. You must submit two copies of this application to the city or borough nearest to the location of the proposed gaming activities. Proof of filing must accompany this application. See Instructions. To speed processing, please have the appropriate local govern- ment official indicate, by signature below, the community's approval of or objection to the permit. CAUTION: If this section is not completed, the processing will be delayed 15 days to allow the city or borough time to respond to this application. THIS APPLICATION HAS LOCAL GOVERNMENT APPROVAL: ❑ Yes ❑ No (Attach explanation of objection) Signature of Local Government Official Time Date Printed Name of Person Who signed Telephone No. NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BY LAVA. 08.4039 (2) 1791-1991 '- CITY OF KENA CapiW 4 44ms _ 210 FIDALGO KENAI, ALASKA 99611 / TELEPHONE 283 - 7535 FAX 907• 014�� f fig !cam W4444am �_ date 8/7/90 GIrigv R • 0►ov1 RENAI HARBOR RATE SCHEDULE The City Manager shall establish the fees, rates, and charges for the billing and collections for the support of the harbor. The City Manager reserves the right to change the rate schedule at any time. RATE SCHEDULE SUMMARY 1) Product wharfage (Non -lessee) (w/o fork lift . . . . . . . . . . . .$ 0.06/lb. Non -product wharfage (Non -lessee) Ice, nets, staples, etc.) . . . . . . 0.03/lb. 2) Fuel - Gasoline. . . . . . . . . . Regular . 1.398 Fed. Tax . .091 State Tax . .050 Total . 1.539 - Diesel . . . . . . . . . . . . . . #2 . 1.289 Fed. Tax . .000 State Tax . .050 Total . 1.339 3) Repair grid . . . . . . . . . . . . . . . . 50.00/Tide 4) Septic tank dumping A) 0-50 gal = . . . . 5.00 B) 51-100 gal= . . . . 10.00 C) 100 + . . . . . . . 0.10/gal. 5) Boat Launch Ramp . . . . . . . . . . . 0-5 min. = 0 5+ min. = 1.00/min. 6) Tie Up Fee (Skiffs) . . . . . . . . . . . . . 1.00/day 7) Fork Lift w/Operator (1/2 hr. minimum) . . . 50.00/Hr. 8) Equipment rental - Hot Pressure Washer . . . 40.00/hr. 9) Equipment rental - Battery Charger/Starter . 12.00/hr. 10) City Labor Charges (for call out, 2 hr. min) 30.00/hr. 11) Other items . . . . . . . . . . . . . . . See Dock Manager Prior To Use 1791-1991 "f- CITY OF MIMI " Del G'dtul 4 4ia44a„ _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907-283-3014 TO: Charles A. Brown, Finance Director FROM: Keith Kornelis, Public Works Director(�t",1 DATE: August 15, 1990 SUBJECT: Kenai Municipal Airport Taxiway Al & A2 Pavement Overlay FOR: City Council meeting of August 15, 1990 Attached is Wince - Corthell - Bryson's proposal for construction inspection services on the Airport Taxiway Al & A2 Pavement Project. Alternate number one is for catch basins and drainage improvements that are necessary for the future drainage of the airport area. If this work is not done now it will have to be done when we do the airport drainage improvements. If we wait until then there will be new asphalt that will have to be removed and replaced and the fixed based operators will have to be temporarily relocated again. The Public Works Department and the Airport Manager recommends the Council pass something similar to: "I make a motion that the City of Kenai, subject to FAA approval, enter into an agreement with Wince - Corthell - Bryson to have them provide the construction management services on the project entitled Kenai Municipal Airport Taxiway Al & A2 Pavement Overlay for a total not -to - exceed amount of $20,160.00 according to their proposal dated 8/15/90." KK/kv WINCE-CORTHELL-BRYSON P 0 BOX 1041 KENAI, ALASKA 99611 City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Attention: Jack Lashot, P.E. August 15, 1990 Subject: Proposal for Construction Management Services Kenai Municipal Airport Taxiway Al & A2 Pavement Overlay In accordance with your verbal request, we herewith submit this Proposal to provide Inspection, Surveying, Quality Control Testing, and Project Management Services for the Subject Project. We propose to utilize the following Subcontractors in providing the services required as part of this Contract: Surveying Integrity Surveys Testing McLane's and Assoc. It is our intention to have Mark Blanning provide the Inspection and Project Management Services as Contractors' activities dictate. We estimate that the following Engineering Services will be necessary to adequately inspect the Subject Project: Engr VI 172 hrs Mark Blanning P.E. Engr VII 16 hrs Philip Bryson P.E. PHASE INSPECTION TESTING SURVEYING TOTAL Base Bid $11,470 $2,100 $4,000 `$'17,570 Alt. 1 1,950 400 240 2,590 Total $20,160 We propose to provide the aforementioned services for the Subject Project, in an amount not to exceed the total of the Basic Bid plus Alternate for those options determined by the Council to be in the best interests of the City. We propose to provide these Services in accordance with our Standard List of Rates and Charges, a copy of which is attached. If you have any questions, earliest convenience. Very truly yours, WINCE-CORTHELL-BRYSON V- - "-- 4�2 �- --- Philip W. Bryson, P.E. please contact our Office at your P WINCE-CORTHELL-BRYSON CONSULTING ENGINEERS BOX 1041 KENAI, ALASKA SCHEDULE OF RATES AND CHARGES FOR ENGINEERING SERVICES EFFECTIVE JANUARY 1, 1989 ENGINEERING* RATE PER HOUR aE* Engineering VII $75.00 Engineering VI $65. GG Engineering IV $50. 00 Engineer III $45. CMG Engineer Technician $35.00 Draftsman $33. 00 Typist (reports R soeci ficat ions only) $32. 00 CAD System (in addition to operator) SUBCONSULTANTS: Engineering,Surveying,Drafting, etc. ---------------- Subcontract cast plus 107'. ADDITIONAL CHARGES: 1. Automobile travel for trips to points in excess of five miles from office, at the rate of $0. 35 per mile bath ways. 2. Actual cost of airline, charter,train, bus or cab fare or auto rental. C. Actual cost of subsistence and lodging. 4. Actual cost of long distance telephone calls, telegrams, freight and express charges, and postage other then ordinary first-class. 5. Actual cost of materials required for the job and used in surveying, printing and reproduction costs. G. Actual cost of special tests and services f6r special consultants. To the total amount � �f Items c through Item 6 above, an amount � �f ter-, Percent (10%) shall be added for administrative and overhead costs. Engineering classifications shown correspond to ASCE=: grades. * Rates for projects wh i ck require 120 hours or more of Engineer Classified position time are subject to prier negotiation. Special rates shall apply only if negotiated prior to the start of the pro- ject. MOTION I move the City of Kenai accept the settlement offer of Western Marine, Inc., in the case of Western Marine Construction v. City of Kenai, A87-462, and direct the City Manager to sign the settlement documents. i9s a/, ,,a��i�' 7t�c &d,,e-4 ve s�rfjae�, 1 2 3 4 �= 6 Q 7 —, • N �L C7I U 'ao , �7 cn r� 1'7 .J �1 1 U !) s cu : � 1 u ... r 15, �. 16 17 18 N 19 U o" WZWmo 20 u w a N 21 ��JNan Z J N tL Q .. 3f, w `L W Q N 22 z 23 24 �a r- 25 26 Q) DE 191 co tY OF KE AII V IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE CITY OF KENAI, Plaintiff, VS. 80 ACRES OF LAND, MORE OR LESS; WILDWOOD DEVELOPMENT COMPANY anc MR. POWER, Defendants. Case No. 3KN-86-1406 Civil ORDER On the Mot Stsle of Alaska, Third Distiict at KENAI, Al-ASKA `JUL: 2 0 1990 t the Trial courts d'I Doputy �NTING ATTORNEY'S AND COSTS COMPANY, and good cause the Defendant, WILDWOOD DEVELOPMENT erefor, it is hereby, ORDERED that Defendant all recover its attorney's fees in the amount of $9,660.00 and its Ksts in the amount of $535.24 for a total of attorney's fees and cost of $10,201.24. DATED this ��day of , 1990. J ge of perior Court I hereby certify that a true and correct copy of the foregoing was mailed to Q�%t�C2L{ j .�� L4It, Timothy Rogers, Esq, on the Ac5-k--�day of June, 1990. MAFFEI, INC. / (/ By !// *Civ. R. 72(k)(3). Albert M ffei Amount of award less �J than 10% over the amount deposited by Kenai. CKC by nh IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI `WALTER S. BATES and !STELLA BATES, Plaintiffs, ;vs. TY OF KENAI, Defendant. ,Case No. 3KN-90-5 7(rCI COMPLAINT COMES NOW PLAINTIFFS, by and through -their undersigned and as their complaint against the Defendant alleges as 'attorney follows: 1. Plaintiffs are residents of the State of'Washington and are properly subject to the jurisdiction and venue of this court. 2. Defendant City of Kenai is a municipal corporation with the power to sue and be sued. Defendant owns, operates and maintains Cunningham Park, located on the banks of the Kenai River. Defendant is properly subject to the jurisdiction and venue of this 1 court. 3. On or about August 1, 1989, Plaintiffs were lawfully upon premises of Cunningham Park for the foreseeable purpose of Ithe Sport fishing. Cunningham Park, in fact is maintained by the City f Kenai for that express purpose and the public is invited to come I L. KASHI �pon tc.—ey at Law the lands for the purpose of fishing. 177 Spur Highway Suite 207 dotna,AK 99669 4. Among the fixtures emplaced, owned, operated and )07) 262-4604 c (907) 262-9766 OSEPH L. KASHI 4ttorney at Law 5477 Spur Highway Suite 207 oldotna, AK 99669 (907) 262-4604 ax (907) 262-9766 intained by the City of Kenai .is a large bench near the river. at bench is anchored to the underlying ground by a steel and concrete fixture. The steel and concrete fixture should have been (fully buried so as to not expose it as a tripping hazard, but in ;fact it was substantially exposed above the ground. The steel and (;concrete fixture was thus a serious, obvious and foreseeable tripping hazard. S. Plaintiff Walter Bate: tripped upon the steel and ,concrete fixture and as a result of his tripping fell severely to the ground, permanently injuring his arm. 6. Plaintiff Walter Bates has been advised that his injuries ,are permanent and result in partial permanent disability. In 'addition, Plaintiff has suffered substantial damages including isubstantial. past and future medical expenses, pain and suffering, `loss of enjoyment of life, and partial temporary, and permanent ,;disability. 7. Plaintiff Walter Bates alleges that his injuries occurred s the foreseeable result of the negligent emplacement, maintenance nd operation of Cunningham Park by its owner, the City of Kenai. 8. Plaintiff Stella Bates has a separate and, cognizable laim for loss of consortium and household services arising from the injury of her husband. 9. Plaintiffs' damages are in an amount to be proven at trial but in excess of $35,000.00. WHEREFORE Plaintiffs demand judgment against Defendant as 011ows: 1. For compensatory damages to be proven at trial but in excess of $35,000.00. 2. For prejudgment and pcstjudgment interest at the statutory rate. 3. For Plaintiffsf costs and a reasonable attorney fee. 4. For such other relief as the court may deem appropriate and just. DATED this day of "I"7 , 1990. JOS H L. KASHI Attorney for Plaintiffs 0' 1 L. KASHI 4ttL. _y at Law 5477 Spur Highway Suite 207 oldotna, AK 99669 (907) 262-4604 ax (907) 262-9766 1791-1991 CITY OF KENAI %%0d Oapdai 4 4�a�ff 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 TO: William J. Brighton, City Manager FROM: Keith Kornelis, P.W. Director DATE: August 7, 1990 SUBJECT: Public Works Director Report FOR: Council meeting of August 15, 1990 1. Council will receive substitute resolutions (with blanks filled in), awarding: a. Airport Taxiway A-1 & A-2 Improvements b. Oldtown - Upland/Highland Improvements 2. DOT/PF has been telling me all ;summer that they would paint our traffic stripes this year. We even did some guardrail work that may have been their responsibility (as a trade off) . Bob Boyd, DOT/PF Soldotna, has now assured me that they will paint our stripes if we will provide the paint. Cost estimate: Paint 4,404 Solvant 190 Shipping 350 Total 4,944 The question is: IS IT WORTH IT this late in the season? What can I say other than I kept letting myself be lead on. Purchase orders are in the council packet for Council consideration. 3. Other information of interest from DOT/PF: a. Chip and seal project on Spur Highway should be starting very soon. b. DOT/PF Anchorage -street light crew is presently working on underground problems - KCHS and Leif Hanson Memorial Park. C. DOT/PF local gossip is that Forest Drive, Redoubt, Beaver Loop and Strawberry are on a list being dropped from state maintenance along with other class three roads in the state. It is my understanding that the local DOT/PF maintenance budget was recently cut from 5.8 to 4.9 million dollars, a $900,000 cut. Also local DO'S/PF have already made many material purchases so personnel may have to be cut. Hope it is just gossip. 4. Park Shelters - Beaver Loop Welding and Kenai Masonry have purchase orders in -the council packet for this project. City crews will be doing the excavation, backfilling and compaction. 5. Boardwalk - Bill Nelson has pretty much completed the drawings but has not turned them over to us to start construction. Patience will be important on this project since a lot of the work is to be done by volunteers. We will set the stakes and probably contract out the pile driving very shortly. KK/kv dept\council\report.mem Dog Packing rde6C A w a y Those Sled DogSummer flues Ci of �cr�c�' by Brett Reid � � � Zt 7 Iwas a happy camper. Five miles uphill travel and all three dogs were working hard, keeping their lines tight. As I approached a corner, two black labs came charging down the trail, sounding a war cry. "Haw over Sitka... Stay!," I commanded and pulled to the side of the trail. Realizing they were outnumbered, the labs stopped about 20 feet away, bristling. Their owners caught up to them a few minutes later and led them past my team by their collars. As they passed, my two yearlings, eager for a taste of labrador, lunged in their traces, but my little lead dog dug and held them firmly in place. I was very proud of his performance. "Okay Sitka, let's go," I said. We covered the last mile to the lake without incident. I unpacked, staked out the team, rigged up a fly rod, and waded into the lake to catch dinner. It was July, and the only snow around was on the mountaintops. The kind of mushing I was doing required no sled. Welcome to the world of dog packing. Mushing and dog packing go hand in hand. Pack trips can provide young lead dogs with excellent one-on-one training or experience in front of other dogs under controlled conditions. Packing also provides a good cure for sled dog "summer blues." A leash and a dog pack are all you need to get started. Don't skimp on the dog pack. If you've ever toted a cheapo human backpack, you'll know why. Choose a pack with plenty of padding next to the dog. Adjust the pack so that it rides over the shoulders, not in the center of the back. At first, place the pack on the dog empty (or better yet, stuffed with straw). Take some short walks or playful romps around the yard to get the dog used to having a wide load. The idea is to let the dog enjoy itself and think the pack is fun, much like early sled work. Soon it will become as excited at the sight of a dog pack as it does when it sees a sled! Gradually add more and more weight to the pack, taking care to see that both sides are equally weighted to maintain balance. I use rocks for this phase of training. Although a strong malamute can tote over a third of its body weight, a fourth of its body weight is a better training load. After spring training is over, pick a trail and go camping. Your dog will respond to the individual attention. Each trail situation (such as loose dogs, wildlife, strange terrain and fellow hikers) will build confidence for next winter's sled work. Many people just strap a pack on their dog, turn it loose, and head down the trail. This may be a way to get your gear from point A to point B, but as lead dog training it leaves much to be desired. Basic trail manners don't change with spring breakup. As a musher, you know how annoying loose dogs on the trail can be, so use your leash. The idea is to teach the dog lessons it car. use while leading a sled team. Chasing squirrels and investigating other hikers are counterproductive activities. Lounging around camp after a hard day on the trail is one thing, but bothering other campers is downright rude. Use common courtesy. Some trails are off limits to dogs because some boneheads refuse to control and clean up after their animals. When your pack/lead dog improves, you may want to test it in front of other dogs. Approach this cautiously. Physical strength is required to control several dogs on a difficult trail. When packing with multiple dogs, use a gangline to simulate sled work. For each dog, tie a 24-inch tug -line every 3 or 4 feet behind the lead dog, leaving about 8 feet between the last dog and your end. Although '/.-inch rope is strong enough, 1/2-inch rope is easier to handle, and it tangles less. The gangline can also double as a picket line for staking out the dogs in camp. On easy trails and for uphill travel, snap the tug -lines to the rear of the dog pack just like a harness. For downhill grades, switch the tug -line to the collar for better control. When filling a dog pack, keep each side balanced. Gear my dogs carry includes tents, tarps, rain gear, hip boots, canned food, dog food, water bottles and trash (pack it out!). Obviously, anything fragile or anything you want to keep dry should go in your own pack. Just because the dogs are can•ying gear is no excuse to bring nonessentials. In a worst case scenario, you might have to carry the dog's pack and maybe the dog itself back to the road, so keep it light. I iclude work gloves for handling the gangline. Extra rope Summer dog packing is an ideal way to keep sled dogs happy. It's also an effective way to train new leaders and keep veterans sharp. AugustlSeptember 1990 • 7 RAE'S Pon0 . gales INW11 avoss lshwrf For quality, durable equipment for working and sled dogs -talk to us. We are professional dog people, and our Alaskan -made products have been tested on some of the toughest sled dog trails in the world, including the Yukon Quest and Iditarod in Alaska and the Alpirod in Europe. We're open six days a week, all year long, and we ship anywhere in the world. Give us a call today • we'll ship tomorrow. • RHS "Alaskan" Harnesses • RHS "Iditarod/Yukon" Harnesses • RHS Ganglines (both with and without cable) • RHS CABLE PICKET LINES • RHS Dog Coats • RHS Loin Covers • RHS "Made to Order" Sled Bags FOR YOUR DOGS FEET, TRY OUR ALL NEW, REDESIGNED RHS DOG BOOTIES New, improved design. Requires no turning. In stock now at volume pricing! PLUS... For this mushing season we feature a complete line of Headlamps, Battery Packs, Bulbs and Batteries. Plus, for those who like to make their own mushing gear, a complete stock of materials including Webbing Fabrics, Hardware, Chain, Snaps, Rope and More! As always, fine dog foods from the best brands like Formula Hy -Ration, Kobuk, National and PRO -VET, volume pricing too! CALL OUR ORDER HOTLINE TOLL FREE! ALASKA (OUTSIDE) 800-478-2030 800-544-2262 MAIL ORDERS TO THE BUSH! � � Rae's Harness hop -� � 1524 E. Dowling Rd. #6 �. Anchorac3e, Alaska 99507 -- 563-341 1 Ouality Equipment and Supplies For Working and Sled Dogs Since 1972 can come in handy too. Don't forget each dog's mushing harness. You'll be the envy of the camp when your dogs drag in a night's supply of firewood in a few, minutes while evervone else is making repeated trips by the armload. Whenever you work dogs (mushing, packing, hunting or whatever), caring for the animals must remain your top priority. Monitor their feet closely_ . Check for rub spots unde, their packs. Check their coats for burrs. As a musher, you know you must properly care for your dogs to get top performance. Overheating is a serious threat when working huskies in warm weather. Huskies are bred to survive brutal arctic winters. Wrap a pack around them and march them up a mountain on a hot summer day, and you're asking for trouble. I sometimes take three dogs and only two packs. I le!t them take turns carr-ving. On really hot days, you may have to make short hops between shady spots and rest your dogs frequently. Or restrict travel to mornings and evenings when the air is cooler. Serious sprint racers may feel the slower pace of dog packing takes some of the edge off o:` their racing dogs. Recreational mushers, however, will find the lessons learned on the summer trail will pay off in better control come winter. I actually started mushing as a way to keep my pack dogs in shape through the winter. Although I now own a team of racing dogs, I still keep a few big malamute hybrids around for serious freight hauling and sumrner expeditions. My racing leaders often "learn the ropes' with a pack on. Give dog packing a try. The dogs will enjoy it. They'll stay physically and mentally fit through the summer. Your leaders will learn valuable lessons, and you'll have a heck of a good time to boot! -.6., Brett Reid lives in Kenai, Alaska. This is Brett's second article for MUSHING. His first was on reducing dog lot noise the Aug./Sept 1989 issue. Our employees also volunteer their efforts to organizations in their home communities around the state. AtAlyeska, The Pipeline Isn't the Only Thing We Service. Algesko pipeline Coxxuu'-.xi.daL Tbe'Pipeline People, 8 0 MUSHING INFORMATION LIST August 15, 1990 1. 8/2/90 B. Thomson letter regarding Kenai Bicentennial. Visitors & Cultural Center. 2. August 1990 Greater Soldotna Chamber of Commerce Newsletter. 3. 8/7/90 Amended Agenda, Kenai Peninsula Borough Assembly. 4. 7/19/90 J. Kranz, ABD Sales, Inc. letter regarding Seafoods from Alaska, Inc. 5. Kenai Municipal Airport 1990 Enplanement Report. 6. 7/30/90 M.S. Hickey, Commissioner, State of Alaska Department of Transportation memorandum regarding State Transportation Plan. 7. To Do List of August 1, 1990 Kenai City Council Meeting. 8. Resource Development Council, Resource Review Newsletter article entitled, "Wetlands Hurdle May Sink Kenai Boat Ramp." 3 4 5 6T8`�r Mom_ n; AUG i030 !� ao `' C.! C!TY CLFtK v, nF t-FNA! City of Kenai Mayor John J. Williams 210 Fidalgo Street Kenai, AK 99611 2 August 1990 Dear Mr. Mayor I am writing this letter after returning from the 1 August 1990 meeting of the Kenai City Council, after reading in the Peninsula Clarion at 6:30 p.m. of a public hearing involving an irrevocable step in the building of a visitor center in the city of Kenai. As chairman of the Kenai Economic Development Commission I have very mixed feelings about the processes which have culminated in the decision taken at the 1 August meeting. While your personal enthusiasm for this project is a matter of public record, I feel this would have been an ideal project for the EDC to analyse and provide an input to the decision making process. As a result of not being involved in in any facet of this project, I feel there are several discrepancies in the presentation of the grant, as well as the ongoing operating costs of the visitor center. Additionally the specter of the prior Convention Center debacle needs to be laid to rest for once and for all. As well, the future of the museum at Fort Kenay - part of which is the actual building - and the present visitor center cabin has not been addressed. This lack of involvement has culminated in my not being informed by the City Clerk of the contents of the council meeting or that the proposed hearing was even to be held, something that is out of the normal to say the least. Additionally, although the Chamber of Commerce is intimately involved with visitors and the present visitor center and will be profoundly affected by the decisions taken, the Executive Director apparently did not have the courtesy of an invitation to attend the meeeting extended to her. From the above observations, I personally feel that this entire process has been pushed by what amounts to a pressure group and a rationalisation of the costs and benefits have not been presented to the city of Kenai taxpayers in as public a fashion as any equivalent project. With the non - participation of the Economic Development Commission I would question whether the time and efforts of the volunteers of EDC are being wasted. If EDC cannot be involved impartially to analyse what is appearing to be a delicate political situation, I question whether the existence of EDC, or my position as Chairman is justified. I would appreciate the opportunity to further discuss this matter with you at a time of your convenience, with any further action to be taken determined at that time. Yours faithfully 1 Barry Thomson Chairman, Economic Development Commission YOUR CHAMBER TODA� Newsletter of The Greater Soldotna Chamber of Commerce ................ Volume 3 Issue 7............ August 1990 NEW MEMBERS BOB'S SHOP ROBERT NIURDOCK 262-1658 CAD -RE CORPORATION DIANNA TAPLIN 262-4698 THE ERIKSEN GROUP KR!S ERXSEN 262-2664 KNOWLTON`S KENAI RIVER CAMP WILLIAM & JEAN KNOWLTON 262-7765 LD PRINT SHOP DEAN ATKINSON 262-5267 WILLIAM PHILLIPS 283.4873 RED DIAMOND BUFFET CONNIE MULL 262-7171 OR 262-9011 RIVERSIDE RESORT BED & BREAKFAST MARSHA & MARK SCHMIEDEKE 262-5371 KAi HLEEN SCOTT 283.5130 'he Chamber it renewing reinvesting in future. appreciates all members for their commerce VISITOR NUMBERS RISE / TOURISM DOLLARS FALL The month of July averaged 300 plus visitors per day at the Kenai Peninsula Visitors Information Center. Reports from around the state show that visitor number statistics are on the rise for the current year. In light of the good news, it was disappointing and discouraging to hear of the Governor's veto which cut this year's state domestic tourism cooperative marketing program funding by $4 million. With the visitor industry quickly approaching the number 1 industry in the State of Alaska, now is not the time to stop advertising or decrease our marketing efforts. The threats of hijacking and terrorism are not as prevalent as in the past. To keep Alaska in the forefront as a visitor destination point, the state needs to actively and continually promote Alaska as "the place" to see. The Governor's cut will reduce the Alaska Tourism Marketing Council's budget by over 40%, or to the same budgetary level as in 1981. This $4 million budget reduction would effectively eliminate SOLDOTNA CHAMBER BOARD ACTION: *Approved a letter in support of requesting the state remove snow from the sidewalks on the main streets in town during the winter months. *Approved a letter in support of the U.S. Chamber of Commerce lobbying efforts to keep postal rates from being increased. 'Approved a letter in opposition of the proposed 1 % sales tax increase, or an increase the mill rate for Soldotna. 'Accepted a proposal from Ruckman Investments for the lease of a bingo hall located in the Superstructures Building. I *Approved Executive Director's attendance at the annual Alaska Visitors)Association Convention and appropriated funding. Appointed John Vaughan as the Chamber's Representative to the Alaska State I hamber of Commerce Board of Directors. Alaska from the national airways, rendering the state virtually invisible. • Alaska would lose its position as a major player in destination marketing. Source: AVA July Newsletter ATTENTION! Chamber Luncheon meeting will resume on September 4. VISITOR INFORMATION CENTER NEWS During the month of July, hundreds of visitors per day visited our VIC, obtaining information on area services, recreational opportunities, looking at the displays and picking up brochures. The average number of visitors per day topped 300, with some days seeing as many as 400+ being served. Numbers to date- indicate that visitation is on the upswing. Comparatively speaking, through the third week in July 1989 the VIC hosted 5,686 visitors; through the third week in July 1990, over 10,500 visitors came through the center. Our staff has been kept very busy and have done an excellent job in serving our visitor's needs. We would like to especially thank the many volunteers who provide assistance to the staff, which was much -needed this past month: Dolly Johnson, Linda Schirmers, Alva Wiseman, Linda Hoeger, Donna Vaughan, Kathleen Ethier, Zelma Quick, Amy Grainge, Ken and Judy Marlow, Jennifer Showalter, Joanne Jones, Barb Dilley, Lisa Chidester and Dorothy Lee. Through the end of July, 289.5 volunteer hours were given by these wonderful people. Thank you all so much for your kind smiles and generous help! MEMBER ANNOUNCEMENTS Cook Inlet Professional Sportfishing Association announces the kith Annual Soldotna Silver Salmon Derby to be held August 17 through 26, 1990. Many, many prizes are being offered. Please see flyer insert for all the details. Kenai Art Guild presents "An Open Show" beginning Friday, August 31 through September 28, 1990. Entries in all mediums will be due by August 27 and 28, 10:00 a.m. to 4:00 p.m. at the Kenai Fine Arts Center. Juror will be Kathy Ross. Show also includes an open vote by the viewing public for various awards. A Reception will be held from 7:00 - 9:00 p.m. on August 31 st. Kristi T. Stark, who brings more than six years of public relations and journalism experience to the Kenai Peninsula, has joined the Eriksen Group. The Eriksen Group is a public relations company in Soldotna that serves the entire peninsula, including Homer and Seward. Before joining the Eriksen Group, Stark was a public relations specialist and technical writer for the Seattle -based consulting engineering firm of R.W. and Associates. She also worked as a reporter for both The Oregonian in Portland, Oregon and The Bellingham Herald in Bellingham, Washington. The Eriksen Group is a full -service agency, that provides media relations, advertising, marketing surveys, events planning and promotion, graphic design and photography. Correction: River Ridge Bed N Breakfast, Barb Kraxberger, 262-9186 printed incorrectly in July issue. SOLDOTNA PROGRESS DAYS 1990 This year's Progress Days Celebration kicked off with a challenge cup softball game between the Kenai and Soldotna Chambers of Commerce. Played partly in the rain and always under cloudy skies, the game was enjoyed by all (we think!). Being the good sports that they are, the Kenai Chamber managed to keep their score above the Soldotna Chamber right through to the end. This, however, orovec tc ne tne,r uneo,ng - according to the rules (and we use that term lightly) ac:ua';y the losers. The final score, 16-Kenai/14-Soldotna, gave Sc.=7a Crarnoer a win once again this year. (And they wonder why we never � • ,L: ,na-1K you to everyone who came out to cheer, play, slide, fall, trip and �o-rbrx+y prove we all belong in the office and not on the field. The 33rd Annual Progress Days Parade was a great success. Well over 100 entries made their way down the parade route, much to the delight of the spectators, who lined the Spur Highway from the parade's beginning all the way through to the end. We appreciate all the time and effort put in ; by the many groups and individuals who participated. Congratulations to the many prize winners and to our special guests, King and Queen - Earl and Alice Mundell, and our Grand Marshall - Amy Grainge. There are many people to thank for their help in coordinating and organizing this event: Committee members - Mavis Blazy, Charlie Weimer, Mike Sweeney, Betty Harris, Iry Carlisle, Val Edmondson, Nick Nelson, Ginger Steffy, Marie Weller; Judges - Ann Curtis, Joanne Booth, Walt Bonner; Drivers - Loretta Lunn, Kurt Eriksson, Jan Moore, Chuck Obendorf, Cathy Clark; Peninsula Ford, Hutchings Chevrolet/Olds/Geo, H.E.A., Big K, Nick Nelson and the members of the VFW Club, Kenai Chamber of Commerce, Soldotna Police Dept., Central Emergency Services, Kenai Peninsula College, Ed Back, The Office Place, The "Greatlanders", Ginger Steffy and family, Radio Shack, Dennis Clark, photographer; and anyone who helped that we may have missed. The Annual Barbeque Dinner/Dance was well attended and everyone had a good time. Over 280 dinners were served and more than 150 people joined the crowd for the dance afterwards. Derb winner's motor must still _ be under the original factory _— warranty and be registered In the owner's name. TICKET OU ETS Anchorage Pay n Save (all locations) Kenai Fred Braun's Spoprting Goods Soldotna Wilderness Way Pay n Save Fishing Hole Tackle Box Johnson Brothers Sports Den Nightwatch Kasilof Kasilof Grocery PRIZES DONATED BY River & Sea Marine Kathy - L - Charters Fred Braun Sport Shop Seafoods from Alaska Sherman Signs Lamiglas Kenai Country Taxidermy American Trophy Taxidermy Tackle Box KCSY C & R Charters King Oscar Clarion Hotel Wilderness Way Soldotna Tesoro Soldotna Y Chevron Soldotna Trustworthy Hardware Yakima Bait Company Big John's Storm Manufacturing Harry Gaines Maxima VMC Hooks LuhrJensen Yamaha Sports Den Fishing Hole Mark Air Alaska Airlines Hunter Fisher Taxidermy Aquatic Life Taxidermy ERA Aviation r- Cook InleL Professional Sportfishing Association 4th Annual Soldotna SILVER --, August 17 -26 Derby Hours 6am - 6pm TROUT UNL1M1TE inTn,T rv4. eft. err' err r err -ram DERBY AREA KENAI RIVER KASILOF RIVER AWARD CEREMONY AUGUST 26th i :00 pm Carr's/Gottstein lot across from Pay-n-Save, Soldotna- Many door prizes will be given away Optional fish barbeque $5.00 OFFICIAL WEIGH IN STATION Soldotna Visitor's Center -next to Kenai River Bridge Open 12 noon to 8pm Daily Aug. 26th open to 6:30pm Over $105000 In Cash & Prizes GRAND PRIZE 14' Smoker Drifter Boat & Trailer, plus fish mount Value $4,000 1st PRIZE 10' Yukon Inflatable Raft & fish mount (River & Sea Marine) OTHER PRIZES INCLUDE 2nd Prize - Deluxe Halibut Charter for two and fish mount 3rd Prize - Silver Salmon Fishing Trip for four 4th Prize - Trekk Neopreme Waders 5th Prize - Deluxe Smoked Salmon and Halibut Gift Box 6th Prize - Lamiglas Fishing Rod Other Category: Biggest fish caught by a lady - Silver Salmon Mount Smallest fish Entered - Rod & Reel Combo Other Prizes : Rod & Reefs, Fishing Tackle, Hip Boots, Fishing Trips and much morel RULES 1. Derby fishing hours will be from 6:00am till 6;00pm August 17-26. - 2. The weigh in station will be open from 12 noon till 8:00pm every day except on Sunday August -_ 26th when it will be officially closes at 6:30pm. 3. The entry fee is $10.00 for the entire 10 day Derby. 4. Any person entering a fish must have a Derby ticket in thoir possession at the time the fish was _ caught and when making the entry. 5. Any silver salmon caught in th6 Konai River or Kasilof River while in possession of a Derby ticket is eligible. -`-_ 6. The weigh in station will be iocatod at the Visitor Center in Soldotna next to the Kenai River Bridge.- 7. All fish must be taken in accordance :ti•ith the current ADF&G regulations. Any fish believed to be in = violation of these regulations wi;i be disqualified. 8. Any ties will be broken be the flip of a coin with a downward adjustment of all places. 9. All entrants shall recognize by their signature on the Derby tickets waiver of liability absolving the Sponsors of this contest of any and ail damages or liability resulting from contestant by -_ entering the Derby. All participants agree to allow CIPSA to use and publish photos of all fish - -1 entries for promotional needs. 10. The rules of this Derby described herein are final and binding on all contestants and enforce the duration of the Derby. Judges may at their discretion meet such emergencies as may arise with additions to,or amendments of these rules. The Derby Judges have the power to make decisions _ in all matter pertaining to the Dorby y and their decisions will be final. The CIPSA Derby Committee will act as the Judges. -_ - Tune into KCSY 1140AM for Derby Updates = - The Beautification Committees of the Chambers of Commerce . in Soldotna & Kenai want to thank the Residents and Businesses of Soldotna & Kenai for helping to beautify our communities. SOLDOTNA BEAUTIFICATION AWARDS 1990 WINNERS RESIDENTIAL: Grand Prize: 1st Place: 2nd Place: 3rd Place: COMMERCIAL: 1st Place: 2nd Place: Gene & Lorraine Sazma 423 W. Riverview Ave. Bob & Shirley Hill 239 E. Redoubt Ave. Ted & Betty Peterson 2 1/2 Miles - Mackey Lake Rd. Laurawood Arms 131 Shady Lane Sol dotna Bed & Breakfast Lovers Lane Inlet Imports 35462 Spur Hwy. Creative Childcare 130 Redoubt Ave. oil August 1990 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Bingo Superstructure Kenai Open Golf Tourney 4, 7PM Kenai Golf Course O City Council 1 2 3 4 Bingo 2:00PM Bingo 7pm API Golf Tourney Superstructures Bldg. Superstructures Seward Silver Salmon Kenai Open Golf Tourney Derby Kenai Golf Course 5 6 School Board 7 5 9 9 0 9 9 Bingo 2:00PM Seward Silver Salmon Seward Silver Salmon Bingo Superstructure Seward Silver Salmon Board Mtg 7am Mykel's Peninsula State Fair Superstructures Bldg. Derby Derby 7PM Derby Peninsula State Fair Ninilchik Seward Silver Salmon City Council Ninilchik Soldotna Silver Salmon Derby Seward Silver Salmon Soldotna Silver Salmon Derby Derby Derby Seward Silver Salmon Seward Silver Salmon Derby Derby 9 2 9 3 9 4 5 9 6 Summer Symphonyl 7 9 5 Bingo 2:00PM Soldotna Silver Salmon Soldotna Silver Salmon Bingo 7pm Soldotna Silver Salmon Soldotna Silver Salmon Soldotna Silver Salmon Superstructures Bldg. Derby Derby Superstructures Derby Derby Derby Peninsula State Fair Soldotna Silver Salmon Ninilchik Derby Soldotna Silver Salmon Derby Seward Silver Salmon Derby 1 9 2 0 School Board 2 1 22 2 3 2 4 2 5 Bingo 2:00PM KPC Registration KPC Registration Bingo 7pm KPC 1st Day of Class Kenai Art Guild Superstructures Bldg. 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Binkley Soldolna, Alaska 99669 ••. c. August 7, 1990 - AMENDED AGENDA J'ailet ifuotsaia, ilerk City of Kenai A. CALL TO ORDER 210 Fidalgo Street Kenai, AK 99611 B. PLEDGE OF ALLEGIANCE i C. INVOCATION l i Invocation by Father Scott S. Rathman of St. Francis by the Sea KENAI PENI`7SULA BOROUGH ASSEMBLY COMMITTEES August 7. 1990 D. ROLL CALL STANDING COMMITTEES: TEMPORARY OR•OTHER: E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS DATA PROCESSING STEERING FINANCE 5:00 P.M. Mark Hodgins, Assm. Rep. F." APPROVAL OF MINUTES Frances Brymer Conf. Rm. A AK. COASTAL POLICY CNCL• Regular Meeting of July 19, 1990 Jonathan Sewall, Chairman John Crawford, Assm. Rep, Phil Nash, Vice Chairman Betty Glick, Alternate G. COMMITTEE REPORTS Brentley Keene COOK INLET ApUACULTURE Pat O'Connell Brentley Keene, Assm. Rep. Betty Glick Frank Mullen, Alaternate (1) Finance (Chm. Sewall, Vice Chm. Nash, Glick, LOCAL AFFAIRS/LANDS 4:00 P.M. SALES TAX TASK FORCE O'Connell, Keene) Frances Brymer Conf. Rm B Jonathan Sewall/Skogstad (2) Legislative Charlie Brown (Chm. Crawford, O'Connell, Glick, Mullen) Jack Brown, Chairman Charles Obendorf (3) Local Affairs/Lands (Chm. Brown, Vice Chm. Crawford, Moock, John Crawford, Vice Chair. Pat Vincent Mullen, Poindexter, Superman) Sharon Moock Rick Gifford (4) Public Works/EducationP ) Gary Superman John Crawford (Chm. McLane, Vice Chm. Moock, Atkinson, Al Poindexter Betty Click Hod ins, Superman, Walli Frank Mullen 9 Su P ) KENAI Bett CAUCUS H. REPORTS OF COMMISSIONS AND COUNCILS PUBLIC WORKS/EDUC. CMTE. 5:00 P.M. Betty Click, Assm. Rep. Conference Room C (Civil Defense) POLICIES AND PROCEDURES I. MOTIONS TO RECONSIDER Sam McLane, Chairman Phil Nash, Chairman Sharon Moock, Vice Chair. Marie Walli Marie Walli James Skogstad (1) Ordinance 90-40: "Expanding the Boundaries of the Ridgeway/Sterling Fire Service Area to Tom Atkinson Betty Click Superman Provide Services to Additional Surrounding Gary Superman Mark Areas" (Mayor @ Req. of R/SFSAB) (Recon- LOCAL EMERG. RESPONSE CMTE. sideration Requested by Brown) SOLID WASTE CMTE. Jonathan Sewall J. AGENDA APPROVAL AND CONSENT AGENDA Pat O'Connell, Chairman KPEA HEALTH Sam McLane Jonathan Sewall (1) Resolution 90-84: "Authorizing the Award of a Contract for Construction of Equipment Tom Atkinson KENAI PEN. COLLEGE BOARD g Gary Superman : Maintenance/Wash Down Building Baling Facility" (Mayor) at the Homer - Jonathan Sewall Sharon Moock, Assm. Rep. ' Al Poindexter w EDD: Hodgins, Moock (2)''Resolution 90-85: "Authorizing the Award of a Contract for the Roof Replacement of Nikiski Fire Station No. 2 (Mayor) The public is invited to attend and address committee meetings. ,x (3) Resolution 90-86: "Modifying the Duties of Senior Captain for the Nikiski Fire Service Area" (Mayor @ Request of Service Area) (4) Appointments to Planning Commission: Chester Thorne - City of Seward K. ORDINANCE HEARINGS L. INTRODUCTION OF ORDINANCES (1) Ordinance 90-51: "Authorizing Negotiated Matarial Sales from Borough Lands and Establishing Provisions Therefore" (Mayor) (Hearing Set for 9-4-90) M. CONSIDERATION OF RESOLUTIONS (1) Resolution 90-73: "Providing for a Ballot Proposition at the Next Borough Election on the Question of Adopting a Manager Plan of Government" (Superman, Nash and Glick) (2) Resolution 90-87: "A Resolution of the Kenai Peninsula Borough Relating to the Issuance and Sale of $4,660,000 of Bonds Authorized by Ordinance No. 90-41: Fixing the Interest Rates for Said Bonds; and Approving the Execution of a Loan Agreement with the Alaska Municipal Bond Bank" (Mayor) (3) Resolution 90-88: "Describing Procedures and Authority for Lease or Sublease of Space Within South Peninsula Hospital Service Area Facilities to Physicians or to Medical -Related Service Providers" (Mayor @ Req. of SKPHSA) (4) Resolution 90-89: "Authorizing a Use Permit Tor Northern Fabrication Company to Use Borough Lands in the Vicinity of the Beluga Air Strip for Equipment Storage and Staging for a Period of Up to One Year" (Mayor) N. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) (1) Ordinance 89-40: "Enacting a New Chapter 21.21 to Provide a Permit System for Conditional Land Uses and Repealing the Current KPB 21.12 Noxious, Injurious and Hazardous Uses Ordinances" (Mayor @ Request of Task Force) TABLED (2) Ordinance 90-29: "Revising and Recodifying Ordinances Regarding the Borough Assembly and its Procedures and Creating a New Legislative Section in the Borough Code" (Mayor @ Policies and Procedures Comm.) (Hearing Postponed to 9/4/90) (3) Ordinance 90-46: "Providing an Exemption from KPB Chapter 14.06 'Road Standards' to Allow Acceptance of All Existing Bridges on Borough - Maintained Roads Onto the Road Maintenance System." (Mayor) (Set for Hearing 8/21/90) (4) Ordinance 90-48: "Reorganizing Borough Sales Tax Code" (Mayor @ Request of Sales Tax Comm.) (Set for Hearing 8/21/90) (5) Ordinance 90-49: "Accepting and Appropriating a Grant from the State of Alaska for the Kenai Peninsula Borough Coastal Management Program" (Mayor) (Set for Hearing 8/21/90) (6) Ordinance 90-50: "Classifying and Authorizing Disposal of Certain Lands Obtained by the Kenai Peninsula Borough Through Tax Foreclosure Procedures" (Mayor) (Set for Hearing 8/21/90) O. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Q. MAYOR'S REPORT R. OTHER BUSINESS S. ASSEMBLY AND MAYOR'S COMMENTS T. INFORMATIONAL MATERIALS AND REPORTS (1) Memo from Legal Department re "Legal Basis for Potential Borough Liability Regarding Failure of Maintenance of Bridges on Borough Maintained Roads" (Ord. 90-46) dated July 30, 1990 (2) Memo from Borough Clerk re "Requested Information Regarding Liquor Licenses" with Res. 88-99 attached (Approving Sales Tax Regulation 88-1 Regarding the Protest of State Liquor License Application Where Applicant Has Entered a Secured Payment Plan for Sales Tax Debts). (3) July 1990 Budget Revisions (4) To Do List - 7/17/90 Assembly Meeting U. NOTICE OF NEXT MEETING AND ADJOURNMENT (August 21, 1990) k SALIS, INC. I I MINrOLA AVENUE, BOX SOO, ROSLYN HEIGHTS, NEW YORK 1, ti�2� 23 24 25��, July 17, 1990 J/ The Honorable John Williams Mayor Y — City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mayor Williams: I was honored to receive the key to the City of Kenai. I know that, you have played a very important role in the development of Seafoods from Alaska, Inc. as part of your effort to seek innovation and diversification within you local economy. Based on only my brief stay in Alaska, it is clear that Kenai rests at the heart; of one of the world's richest wild fisheries, a resource that will become even more valuable as fishery stocks become even more depleted worldwide. From the perspective of the greater New York City market, consisting of 19 million people, ABD Sales, Inc. and I look forward to a long mutually rewarding partnership with you and Seafoods from Alaska, Inc. Natalie and I hope you will enjoy the enclosures as a modest token of our thanks - a taste of New York which we hope you'll enjoy. We look forward to seeing you and your wife again and to having the City of Kenai play an important role in our current and future marketing plans. Warm regards. S' cere y Joe Kranz! dmz/ cc: Gary Ervin. Tim Ervin WO rp FOODBO N r a�� Kenai Municipal Airport 1990 Enplanements 1990 SouthCentral Era Alaska MarkAir Monthly Totals Janunary 2,875 3,033 5,908 February 2,392 2,935 5,327 March 3,244 3,524 6,768 April 2,946 3,918 6,864 May 3,120 3,785 970 7,875 June 3,505 3,914 1,798 9,217 July 3,714 5.724 2,841 12,279 August 0 September 0 October 0 November 0 December 0 Yearly Totals 21,796 26,833 5,609 54,238 01#5011111111111 5000.................. .... i.,.................... ........ X. 4000X. .........................................._... .... .......... 3000 2000 A 1000 Janunary February March April May June July ® SouthCentral Q Era Alaska 11':: MarkAir -5�0 �5-- Kenai Municipal Airport Enplanements Eight Year Monthly Composite 1983 - 1990 1983 1984 1985 1986 1987 1986 1989 1990 January 8,073 6,906 8,176 7,491 6,446 5,198 6,578 5,90B February 7,756 6,201 6,998 6,863 6,400 5,319 5,587 5,327 March 7,840 6,829 8,138 5,982 5,869 6,268 6.253 6,768 April 7,722 6,568 8,058 5,859 5,911 5,917 6,012 6,864 May 7,623 7,591 9,117 7,054 6,209 6,393 6,797 7,875 June 8,457 8,617 9,67 0 8,339 7,289 7,342 8,068 9,217 July 10,498 11,489 12,767 8,639 9,009 8,992 9,753 12,279 August 9,948 10,904 11,469 8,031 &484 8,805 9,532 September 7,422 8,059 9,220 6,670 6,555 6,537 7,476 October 7,547 7,814 8,422 6,080 6,419 6,722 7,441 November 7,335 8,482 7,353 6,150 6,345 6,711 6,937 December 7,831 8,729 8,542 7,067 6,853 7,192 6,275 Yearly Totals 92,204 91,644 101,373 79,144 76,923 76,192 82,423 56,228 83 84 85 86 87 88 89 90 Jan thru July 57,969 54,401 62,924 50,227 47,133 45,429 49,048 54,238 q SfEVf COWPER, GOVERNOR '! Ll L DEPART;IIENT OF TRANSPORTATION AND PUBLIC FACILITIES POUCH z JUNEAU, ALASKA 99811 PHONE: (907) 465-3900 OFFICE OF THE COMMISSIONER 7- July 30, 1990 TO: Local Elected Officials &�' FROM: Mark S. Hickey, Commissioner. RE: State Transportation Plan You cannot pick up a newspaper today or a major weekly or monthly magazine without some reference to the crumbling, deteriorating infrastructure of our highways and airports. The host of issues that has been laid on the table is mind -boggling: environmental concerns; safety concerns; funding; restoration, and so on. But I do not need to say this to you. As community leaders you are well aware of the problems. In Alaska, problems relating to our transportation system are becoming so complex and so costly that we must face up to the situation if we are to survive economically. It is no longer a matter of trying to get "a little more for a little less". The state has, responsibility for 5,500 miles of roads, two international airports, 270 smaller airports, a fleet of ferry vessels, 130 docks and harbors, 500 public buildings, and a railroad. If you look 20 years from now in transportation, hundreds of millions of dollars are at stake. Too often in the past we have looked at airport or highway development, or facility construction separately. Rarely have we taken into account their interrelationships. We have dealt with our transportation system and our public facilities as if they were all operating in isolation. That is clearly short-sighted. The relationships are very intricate. We need to recognize and build on these relationships. To put "our house in order", especially on a tight budget, we need a plan. We can't simply go in and replace the plumbing, electricity, and the boiler. We don't have the resources to do everything we want right away. So like any family on a budget, we must identify our needs carefully and make prudent investments. Only by operating in this way will our transportation policy promote long-term efficiency and better management: of the transportation system. The published State Transportation Policy Plan has not been revised for almost a decade. This is an unfortunate lapse in 25A-Tt LH communication with the legislature and the public. There are two major activities in which the department has recently engaged to overcome this problem. First, a new unit has been created within the Commissioner's Office by reassigning existing department resources. Major duties of the Office of Strategic Management, Planning and Policy will be to manage the department's strategic management process, oversee and coordinate planning statewide, and provide policy development support for the department. I believe this change will result in a more focused and responsive organization. Second, I have identified the need to develop a multi -modal state transportation plan as a high priority. Overall responsibility for preparation of the state transportation plan is being shared by Clyde Stoltzfus, Chief, Office of Strategic Management, Planning and Policy and Kit Duke, Director, Central Region. Janet George, DOT&PF Central Region Planning, has been selected to act as Project Manager for preparation of the initial document. One goal of the effort is to devise a systematic means whereby the general public have the opportunity to provide input into the department's planning and policy processes. A draft of the plan is to be available in December. The draft document will be used to help facilitate the transition to the new administration. This first phase is viewed as a beginning step more than an end product. Our concentration is in laying the groundwork so that the new administration will have a head -start on the effort. We must recognize that an effective state transportation plan is more than bricks and mortar. It is more than airports and highways. It is more than ports and harbors. It is more than railroads and pipelines. A healthy transportation system makes possible the efficient exchange of products and services, allows greater opportunities for tourism and recreation, boosts economic activity, and affords an important source of existing and new jobs. A specific goal of the new plan will be to provide policy guidelines on the role of transportation in economic development activities. Public participation, as any elected or appointed government official can tell you, is absolutely key to the success of such an effort. As policymakers and transportation officials we cannot ignore the importance of the public in this effort. I believe that you, locally elected officials, can be especially helpful in informing the public about this transportation planning effort and encouraging their participation. Over the course of the next six months there will be a variety of opportunities to exchange information and discuss issues regarding future transportation policy planning. Your support in this effort is important to me and to the future of the state. I hope you will give some thought to the difficult trade-offs we must face in the allocation of our limited transportation resources. The decisions ahead will not be easy to make and many people will be affected by what we do today to solve our problems. MO TO DO LIST August 1, 1990 City Council Meeting Clerk - Thank -you letter to Leon Quesnell. Appointment letters to Congregate Housing Design Committee. Appointment letter to Samuel Maquire/Harbor Commission. RR - Pavilion concrete price Check barricades at float plane basin. Flower box at corner of Benco Building/railroad ties. Legal - Continue settlement discussion/Western Marine. BB - Letter of indemnification for Wm. J. Nelson/Boardwalks project. Discuss sale price of bluff property with Hakkinens. RAE Proposed contract with Eriksen Group/Airport and Float Plane Basin. Police - Loud vehicles/music on Spruce Street going to and from beach area. Attempt to not use sirens/flashing lights when pulling motorists over in driveway of RV park. This edition sponsored by: National Bank of Alaska Resource Development Council Box 100516, Anchorage, AK 99510 ADDRESS CORRECTION REQUESTED source Mayer Jahn W i 1 1 Tarns ;?ecity of Kenaa i July 1990 Re vie IWMW Wetlands hurdle may sink Kenai boat ramp The regulatory reach of the wet- lands permit program —fueled by an undefined goal of "no net loss" —is al- ready being felt in Kenai where city officials have proposed building a boat ramp on the lower Kenai River to draw more tourists to their community. The Army Corps of Engineers has asked Kenai to withdraw its application for a permit to build the boat ramp on private land just upriver from Cunning- ham Park. The Corps is reportedly under pressure from several other federal agencies which have come out against the permit. Meanwhile, the Kenai City Council has refused to withdraw the application, instructing the city to pursue the permit for the tourism project. (Continued page ) 2210 Fidaloo Kenai, ANC 99611 Rate 'ostage AID age, AK fNo. 377 Kenai tourism project held up by federal wetlands regulatory hassle q The proposed boat ramp site is located in a meadow near some homes a short distance from downtown Kenai. As shown in center photo, the site is located along a busy stretch of the Kenai River. The existing boat facility at the mouth of the river, pictured at fir right, is frequently congested. Few tourists choose to use it due to problems of congestion with commercial fishing vessels and limited abilities to launch at low tides. (photos by Jack La Shot) (Continued from cover) The Kenai regulatory hassle is just one example of how difficult Williams also defended the need for the project, pointing out: it has become to obtain a permit for any development on Alaska that there are 10 river miles of the most heavily utilized portion of the! wetlands. For months now, the Resource Development Council and Kenai that has no developed access. He said it is wrong for the! the Alaska Wetlands Coalition have warned that the emerging federal agencies to assume the public need is being met just: federal wetlands policy will stifle resource and community economic because launch sites exist elsewhere on the river. development projects across the state. The fact that the wetlands Mayor Williams pointed to frequent visitor complaints about the may be private land owned by a taxpaying individual is immaterial. lack of a convenient public place to launch boats, one that is close Since 79 percent of Alaska's non -mountainous lands fall under to downtown, yet upstream of the river mouth where sport fishing is the broad and overreaching definitions of wetlands, the state and its best. He said access is needed in the area of the proposed project., local communities have a great deal to lose from an ill-defined as evidenced by growing problems at nearby Cunningham Park and wetlands goal that expands the power of regulatory agencies. dangerous congestion at the existing Kenai Boating Facility at the Earlier this summer, the Environmental Protection Agency, the mouth of the river. U.S. Fish and Wildlife Service and the National Marine Fisheries The existing facility is available to upriver sport fishermen, Service advised the Corps to deny the Kenai permit on environ- however, few choose to use it due to the several miles of travel mental grounds. Al Ewing, Assistant Regional Administrator of the upriver and the problems of congestion with commercial fishing EPA, said the area to be filled is part of the high value wetlands of vessels and limited ability to launch at low tides. The combination of the Kenai River estuary. Ewing said the land contributes to an commercial vessels and small boats used by dip netters and other aquatic ecosystem that supports moose, caribou, waterfowl, shore- sport fishermen has caused tremendous congestion, user conflicts birds and the river's fishery. and serious safety problems. Ewing also questioned the need for the boat ramp since there Rather than expand the existing facility, the city believes it are otherfacilities of the same purpose within a reasonable distance makes more sense to develop another facility upstream that would of the proposed project. be used the entire summer by upriver fishermen. The new ramp But Kenai Mayor John Williams, who calls the project a key in would draw additional tourists to Kenai, yet relieve pressure at the the city's tourism development puzzle, hotly contends that the existing facility and at Cunningham Park. proposed ramp site is not wetlands and that there is major demand Williams said the city doesn't have many options, limited by a for the project. Williams said the site was chosen for its location lack of adequate ramp sites on the lower river. One possible along the fringe of wetlands, in an area believed to be of lower value alternative would be to expand Cunningham Park and install a ramp as wildlife habitat. site there. But that could cost the city at least $1 million. ThE? City Engineer Jack La Shot said it cannot be assumed that proposed site carries a price tag of approximately $380,000, includ- because an area has been classified as "wetlands" by the Corps ing land acquisition. definitions, that the area is necessarily wetlands or critical habitat. Williams noted that the new site would not only include boat La Shot noted that over one half of all the land within the City of Kenai launching and vehicle parking, but restrooms and garbage facilities. has been classified as contiguous wetlands. The present lack of such facilities along the lower river is causing The Kenai River Comprehensive Management Plan land people to go ashore at any convenient place, leaving human waste ownership map shows the City of Kenai as owner of the majority of and other garbage. the Kenai River flats wetlands, most of which are considered critical City Engineer La Shot said "this should be a consideration in wetlands. The city has an agreement to purchase the privately- weighing damage to wetlands associated with construction of the owned ramp site at a cost of $180,000 to provide what Williams calls project versus damage to wetlands, other uplands, and the marine a less environmentally -damaging project site, immediately north of environment by people needing facilities." other city -owned wetlands. La Shot said objections to the project "leads one to believe that Williams maintains that if there was no consideration being the EPA would not support any development in the Kenai River flats, given to developing wetlands based on perceived habitat value, the regardless of the need or actual benefits derived from such devel- city surely would attempt the project elsewhere on its own property. opment." Page 6 / RESOURCE REVIEW / July 1990 LAW OFFICES BIRCH, HORTON, BITTNER AND CHEROT A PROFESSIONAL CORPORATION 1155 CONNECTICUT AVENUE, N.W. • SUITE 1200 - WASHINGTON, D.C. 20036 • (202) 659-5800 - TELECOPIER (2021 659-1027' THOMAS L. ALBERT*# J. GEOFFREY BENTLEY' RONALD G. BIRCH WILLIAM H. BITTNEP" KATHRYN A. BLACK DOUGLAS BLANKENSHIP PHILIP BLUMSTEIN CORY R. SORGESON STEPHANIE P. BOSTON MARGARET M. BRAUN} WILLIAM BUMPERS' JOHN J. BURNS GERALDINE M. CARR' SUZANNE CHEROT" JOSEPH M. CHOMSKI" KIM DUNN ERIC A. EISF-N"} RALPH V. ERTZ JOSEPH W EVANS" PAUL EWERS STEPHE=N K. GARDNER' WILLIAM W. GARNER' JOHN W. GRIGGS" WILLIAM F'. HORN' HAL R. HORTON" STEPHE_N H. HUTCHINGS MARC W JUNE MINDY R. KORNBERG" STANLE:Y T. LEWIS LESLIE: C. LONGENBAUGH Hon. John J. Williams Mayor of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams: MICHAEL J. PARISE TIMOTHY J. PETUMENOS ELIZABETH A. PHILLIPS STEVEN PRADELL MICHAEL V REUSING ELISABETH H. ROSS" JONATHAN B. RUBINI E. BUDD SIMPSON STEPHEN F. SORENSEN SHERIDAN STRICKLAND" JONATHAN K. TILLINGHAST MOLLY WARD; T HENRY WILSON OF COUNSEL JAMES D. NORDALE 'D.C. BAR "D.C. AND ALASKA BAR }MARYLANO BAR $VIRGINIA BAR ALL OTHERS ALASKA BAR August 10, 1990 1127 WEST SEVENTH AVENUE ANCHORAGE, ALASKA 99501 19071 275-1550 TELECOPIER 1907) 275-2822 KEY BANK BUILDING 100 CUSHMAN STREET, SUITE 311 FAIRBANKS, ALASKA 09701 (907) 452-1666 TELECOPIER (907) 456-5056 ONE SEALASKA PLAZA, SUITE 301 �gg1011�� JUNEAU, ALASKA 90801 (9071 586-2890 TELECOPIER (907) 586-9814 1, qG _0 We are very pleased to advise you that a retroactive and prospective "Flagstaff Amendment" has been included in the final version of the oil spill legislation passed by both the House and Senate. The amendment entitles cities to collect the net costs of "additional public services during or after removal activities, including protection from fire, safety or health hazards, caused by a discharge of oil..." The amendment applies to municipal services costs that cities incurred due to the EXXON Valdez spill. It will also apply to give cities a remedy if any spill ever occurs again in Alaska. It was a difficult fight to the end, with certain Congressional staffers concerned about the depletion of money from the TAPS Fund and the possible unconstitutionality of a retroactive provision. The staffs of Senator Stevens and Congressman Young worked very hard on our behalf, and, together, we prevailed. We had a very good cause on our side. We thank you very much for your assistance along the way. We look forward to working with you again in the future. Please let us know if there is anything further we can do to assist you in Washington involving Congress or the federal agencies. Sincerely, BIRCH, HORTON, BITTNER AND CHE OT William P. orn Oa°� /2,2— Elisabeth H. Ross WPH/EHR/kf COUNCIL PACKET DISTRIBUTION DATE: 4 1�a��I� Mayor and Counci Attorney '� Clerk Fire Department4 City Manager-,", K. Viall_ Police Department Finance Kim Senior Center Public Works Clarion ',/ Library___i/ Airport ✓ J.LaShot_ Parks & Rec. V/ AGENDA DISTRIBUTION Borough Clerk Anchorage Times ✓ Public Wks. Sec. Public Wks. Shop Bldg. Maintenance Bldg. Official Streets Anchorage News -� Bulletin Board f Chamber L� Assembly (5) Animal Control Dock (Season) STP Legal Sec. KCSY KSRM ✓ EDD w/min Commissions Air Agi EDC Lib Har Pks P&Z DELIVER Council Packets to Fire Department Clarion Packet to the Clarion with published agenda prior to 5:00 p.m. INFORMATION LIST August 15, 1990 1. 8/2/90 B. Thomson letter regarding Kenai Bicentennial Visitors & Cultural Center. 2. August: 1990 Greater Soldotna Chamber of Commerce Newsletter. 3. 8/7/90 Amended Agenda, Kenai Peninsula Borough Assembly. 4. 7/19/90 J. Kranz, ABD Sales, Inc. letter regarding Seafoods from Alaska, Inc. 5. Kenai. Municipal Airport 1990 Enplanement Report. 6. 7/30/90 M.S. Hickey, Commissioner, State of Alaska Department of Transportation memorandum regarding State Transportation Plan. 7. To Do List of August 1, 1990 Kenai City Council Meeting. 8. Resource Development Council, Resource Review Newsletter article entitled, "Wetlands Hurdle May Sink Kenai Boat Ramp." TO DO LIST August 15, 1990 City Council Meeting KK: a. Bring past proposal and engineering report of costs to install four street lights in the Sycamore/Poplar area of Woodland, plus the cost of installing the remainder of street lights listed on the past proposal. b. Include more information with documents brought before Council regarding bid proposals, awards, changes in bid amounts, etc. C. "NO WAKE" signs on Kenai River. d. Paint the stripes on the streets. e. Repair sidewalk and curb separation along Lawton green strip. f. Gravel/grading on Mission Street needed. g. Replace barriers on City property at Fifth and Ash. h. Find out who took Borsetti position. JJW: a. Recommendation as to future of Economic Development Commission. b. Appointment of Harbor Commission member. Monfor: Work with Bicentennial Committee and Beautification Committee as to choice of banners. RAE: Inform L.Schilling/okay to place tasteful signs designating where the bar is at the airport - two signs. Council: Kenai River Management Board Meeting on August 20, 1990 at 9:00 a.m. at the Cook Inlet Aquaculture Building. Admin: Inform L. Breeden that matters regarding the portion of the Kenai River which is inside the City of Kenai must be brought to City Council's attention for action prior to any action of the Kenai River Management Board. -1- HH: Clerk: a. Check on junk cars: 1. across from the Kenai Memorial Chapel, along the Spur Highway; 2. parking lot of Pizza Paradisos; 3. at Bill's Auto (NAPA building). b. Check on dilapidated house at First and Birch. Send thank -you letter to Borough regarding placement of transfer containers at the transfer site. -2- 1791-1991 CITY OF KENAI %Od ea1a4;W 4 4ia,&�a 1 f 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907-283-3014 MEMORANDUM TO: Carol L. Freas, City Clerk City of Kenai FROM:Cr// Cary R. Graves, Deputy City Attorney ---City of Kenai DATE: August 10, 1990 RE: Kenai City Council Meeting Packet for August 15, 1990 Meeting Attached herewith for inclusion in the: above -referenced packet, please find the following: 1. Walter S. Bates & Stella Bates v. City of Kenai, Complaint for personal injury and loss of consortium filed in the Superior Court. Please place this in the Attorney's section of Administration Reports. 2. City of Kenai v. Wildwood Development, Court's order denying attorneys fees. Please place this in the Attorneys section of Administration Reports. Thank you. CRG:dc Received: Date: Aug. 10 1990 Time: A ox. 11:45 A.M. IN THE SUPREME COURT FOR THE STATE OF ALASKA CITY OF KENAI, Appellant, V. STANLEY S. MCLANE, STAN A. MCLANE, MICHAEL P. MCLANE, I M. SCOTT MCLANE, GEORGE H. BRADFORD, BRUCE D. ROBSON, individuals, and MSM PARTNERSHIP, an Alaska general partnership, Appellees. Supreme Court No. S-3809 Trial Court No. 3KN-89-349 CI f OPENING BRIEF OF APPELLANT Appeal Taken from Amended Judgment dated December 4, 1989 } by the Honorable J. Justin Ripley F i Filed in the office of the Clerk of Supreme Court this day of July, 1990. DAVID A. LAMPEN CLERK OF SUPREME COURT By: De Clerk MALONEY & HAGGART 405 West 36th Ave., Suite 200 Anchorage, AK 99503 907/561-4603 Attorneys for Appellant City of Kenai TABLE OF CONTENTS Page No. TABLE OF AUTHORITIES . . . . . . . . . . . . . . . . . . . ALASKA STATUTES AND KENAI MUNICIPAL ORDINANCE RELIED UPON . . . . . . . . . . . . . . . . . . vii JURISDICTIONAL STATEMENT . . . . . . . . . . . . . . . . . 1 STATEMENT OF ISSUES PRESENTED FOR REVIEW . . . . . . . . . 1 STATEMENT OF THE CASE . . . . . . . . . . . . . . . . . . . 2 STANDARD OF REVIEW . . . . . . . . . . . . . . . . . . . . 5 ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . 9 A. The Trial Court Erred in Deciding That There Was No Evidence of a Personal Obligation Where There Exists a Genuine Issue of Material Fact as to Whether Appellees Induced the City of Kenai to Make Improvements on Appellees' Property by a Promise to Pay . . . . . 9 B. The City of Kenai is Entitled to Summary Judgment as a Matter of Law . . . . . . . . . . . 21 C. The City of Kenai Has An Enforceable Claim Based Upon Appellee's Express or Implied Promise to Pay, Even in the Absence of an Express Constitutional, Statutory or Ordinal Scheme. . . . . . . . . . . . . . . . . . . . . . 29 CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . 32 APPENDIX A . . . . . . . . . . . . . . . . . . . . . . . . . 33 TABLE OF AUTHORITIES Page No. State Cases Relied Upon: Alaska Rent-A-Car, Inc. v. Ford Motor Co., 526 P.2d 1136 (Alaska 1974 ) . . . . . . . . . . . . . . . . 8 Clabaugh v. Bottcher, 545 P.2d 172 (Alaska 1976 ) . . . . . . . . . . . . . . . . 8 Homeward Bound, Inc. v. Anchorage School District, P.2d (Supreme Court Opinion No. 3589, April 27, 1990 ) . . . . . . . . . . . . . . . . . . . . . . 6,7 Jefferson v. State, 527 P.2d 37 (Alaska 1974 ) . . . . . . . . . . . . . . . . . 22 Knight v. American Guard & Alert, 714 P.2d 788, 791 (Alaska 1988 ) . . . . . . . . . . 7 Kollodge v. State, 757 P.2d 1024 (Alaska 1988) . . . . . . . . . . . . .6,7,8 Langdon v. Champion, 745 P.2d 1371 (Alaska 1987) . . . . . . . . . . . . . . . 6 Libby v. City of Dillingham, 612 P.2d 33 (Alaska 1980 ) . . . . . . . . . . . . . . . . . . 27 Linck v. Barokas & Martin, 667 P.2d 171, 173 (Alaska 1983) . . . . . . . . . . . . . . . 6 Moore v. State, 553 P.2d 8 (Alaska 1976) . . . . . . . . . . . . . . . . . 9 Parker v. Northern Mixing Co., 756 P.2d 881 (Alaska 1988) . . . . . . . . . . . . . . . . .6,7 Ransom v. Haner, 362 P.2d 282, 289-90 (Alaska 1961) . . . . . . . . . . . . 9 Reed v. Municipality of Anchorage, 741 P.2d 1181, 1184 (Alaska 1987) . . . . . . . . . . . . . 7 Stanfill v. City of Fairbanks, 659 P.2d 579 (Alaska 1983 ) . . . . . . . . . . . . . . . . . 26 Straight v. Hill, 622 P.2d 425 (Alaska 1981 ) . . . . . . . . . . . . . . . . 9 iii Page No. Town of Nome v. Lane, 1 Alaska Reports 593 (1902) . . . . . . . . . . . . . .16,30,31 Waller v.-Richardson, 757 P.2d 1036 (Alaska 1988) . . . . . . . . . . . . . . . . 6 Whaley v. State, 438 P. 2d 718 (Alaska 1968 ) . . . . . . . . . . . . . . . . 9 Williams v. Municipality of Anchorage, 633 P. 2d 248 (Alaska 1981 ) . . . . . . . . . . . . . . . 8 , 9 ,10 Other Cases Relied Upon: Canfield v. Sullivan, 774 F.2d 1466 (9th Cir. 1985) (applying Alaska law) . . . . . . . . . . . . . . . . . . . 26 Danville Power & Traction Co. v. City of Danville, 168 Va.430, 436, 191 S.E. 592, 594 . . . . . . . . . . . . .18 Davis v. Gray, 103 S.W.2d 999-{Tex. App. 1937) . . . . . . . . . . . . 20 t Grosse Isle Tp. v. New York Indemnity Co., 245 N.W. 791 (Mich. 1932) . . . . . . . . . . . . . . . . 19 t Guaranty Mortgage & Securities Co. v. Millsap's, 151 So. 197 (La. 1933) . . . . . . . . . . . . . . . . 20,30 New Haven v. Fair Haven and Westville Railroad Co., 38 Conn. 422 (1871 ) . . . . . . . . . . . . . . . . . . . 31 Town of Harrison v. County of Westchester, 253 N.Y.S.2d 846 (N.Y. Sup. Ct. 1964) . . . . . . . . . . 31 Uvalde Rock Asphalt Co. v. Hurlock, 87 S.W.2d 1085 (Tex. 1935) . . . . . . . . . . . . . . 19,30 Welch v. Henry, 305 U.S. 134, 146, 59 S.Ct. 121, 125, 83 L.Ed. 87, 118 A.L.R. 1142 . . . . . . . . . . . . . . 18 Westbrook, Inc. v. Town of Falls Church, 39 S.E. 2d 277 (Va. 1946) . . . . . . . . . . . . . 17,19,30 iv Page No. Alaska Constitution Provisions Relied Upon: Article X, Section 11 of the Alaska Constitution 22 State Statutes Relied Upon AS 09.45 . . . . . . . . . . . . . . . . . . . . . . . . . . 24 . AS 29.45.290-500 . . . . . . . . . . . . . . . . . . . . . . .24 AS 09.45.170 . . . . . . . . . . . . . . . . . . . . 14,20,23,28 AS 29.10.200 . . . . . . . . . . . . . . . . . . . . . . . . 22 AS 29.35.400 . . . . . . . . . . . . . . . . . . . . . . . . 22 AS 29.35.410 . . . . . . . . . . . . . . . . . . . . . . . . 22 AS 29.45.320 . . . . . . . . . . . . . . . . . . . . . . 23,24 AS 29.45.470 . . . . . . . . . . . . . . . . . . . . . . 23 AS 29.46.080(c) . . . . . . . . . . . . . . . . . . . . 23,24 AS 29.46.140 . . . . . . . . . . . . . . . . . . . . . . 25 AS 29.47.180 . . . . . . . . . . . . . . . . . . . . . . . . 25 AS 29.47.240 . . . . . . . . . . . . . . . . . . . . . . . . 25 Title 29, Chapter 46 . . . . . . . . . . . . . . . . . . . . 22 Kenai City Charter Sections Relied Upon: § 7-3 of the Kenai City Charter . . . . . . . . . . . . . 10,23 Kenai Municipal Ordinances Relied Upon Kenai City Ordinance KMO 16.05.010(b) . . . . . . . . . . . . 9 Kenai City Ordinance KMO 16.05.050) . . . . . . . . . . . . 25 Kenai City Ordinance KMO 16.20.020 . . . . . . . . . 12,13,23 24,28 v Page No. Other Treatises Relied Upon: Annot., Personal Liability of Property Owner to Pay Assessments for Local Improvements, _ 127 A.L.R. 551, 588 (1940) . . . . . . . . . . . . . . . . 15 Annot., Validity and Affect of Agreement by Property Owners or Occupants to Pay Cost of, or Assessment Against Property For Local Improvement, 167 A.L.R. 1030, 1031 (1947) . . . . . . . . . . . . . . 15 Annot., Validity and Affect of Agreement by Property Owner, by Bond or Other Contract, to Pay Assessment Against Property for Local Improvement, ' 86 A.L.R. 779 (1933). . . . . . . . . . . . . . . . . . . 16 Annot., Exclusiveness of Method Prescribed by Statute or Ordinance for Enforcement of Special Assessment for Public Improvement or Service, 88 A.L.R.2d, Second 1250, 1266 (1963) . . . . . . . . . . 31 2 70-A Am.Jur. 2d, Special or Local Assessments, § 190 (1987 ) . . . . . . . . . . . . . . . . . . . . . 16 2A Sutherland Stat. Const. § 46.06 . . . . . . . . . . . . 27 1 a vi ALASKA STATUTES AND KENAI MUNICIPAL ORDINANCES RELIED UPON Alaska Constitution Provisions: Article X, Section 11 of the Alaska Constitution: A home rule borough or city may exercise all legislative powers not prohibited by law or by charter. Alaska Statutes Relied Upon: AS 09.45.170: A person having a lien upon real property, other than that of a judgment, whether created by mortgage or otherwise, to secure a debt or other obligation, may bring an action to foreclose the lien. In the action the court may direct the sale of the encumbered property or a portion of it, and the application of the proceeds of the sale to the payment of costs, expense of sale, and the amount due the plaintiff. The judgment shall also determine the personal liabiiity of the defendant for the payment of the debt secured by the lien and be entered accordingly. AS 29.10.200: Limitation of Home Rule Powers. Only the following provisions of this title apply to home rule municipalities as prohibitions on acting otherwise than as provided. These provisions supersede existing and prohibit future home rule enactments that provide otherwise: (43) AS 29.45.700(d) (sales and use tax) (44) AS 29.47.200(b) (security for bonds) vii AS 29.35.400: General construction. A liberal construction shall be given to all powers and functions of a municipality conferred in this title. AS 29.35.410: Extent of powers. Unless otherwise limited by law, a municipality has and may exercise all powers and functions necessarily or fairly implied in or incident to the purpose of all powers and functions conferred in this title. AS 29.45.320: Real property tax collection. (a) The municipality shall enforce delinquent real property tax liens by annual foreclosure, unless otherwise provided by ordinance. AS 29.45.470: Repurchase by record owner. (a) The record owner at the time of tax foreclosure of property acquired by a municipality, or the assigns of that record owner, may, within 10 years and before the sale or contract of sale of the tax -foreclosed property by the municipality, repurchase the property. The municipality shall sell the property for the full amount applicable to the property under the judgment and decree, with interest not to exceed 15% a year from the date of entry of the judgment of foreclosure to the date of repurchase, delinquent taxes assessed and levied as though it had continued in private ownership, and costs of foreclosure and sale. (b) After adoption of an ordinance providing for the retention of tax -foreclosed property by the municipality for a public purpose, the right of the former record owner to repurchase the property ceases. AS 29.46.080(c): Assessments are liens on the property assessed and are prior and paramount to all liens except municipal tax liens. They may be enforced as provided in AS 29.45.320 - AS viii 29.45.470 for enforcement of property tax liens. AS 29.47.020: _Issuance of notes. A municipality may by ordinance or resolution authorize the issuance of revenue anticipation notes. AS 29.47.140: Use of Proceeds. The proceeds from the sale of the notes shall be sued only for the purposes for which the proceeds from the sale of bonds may be used, or to meet payment of outstanding bond anticipation notes. AS 29.47.180: Bond anticipation borrowing. A municipality may borrow money in anticipation of the sale of general obligation and revenue bonds if: (1) If the general obligation bonds to be sold have been authorized by ordinance and ratified by a majority vote at an election; (2) The revenue bonds to be sold have been authorized by ordinance. AS 29.47.240: Revenue Bonds. (a) A municipality may issue negotiable or nonnegotiable revenue bonds for a public enterprise or public corporaion of the municipality where the only security is the revenue of th public enterprise or corporation Kenai City Charter Provisions Relied Upon: § 7-3 of the Kenai City Charter Special assessment to be in proportion to benefit - apportioninq. Any special assessment for a public improvement against real property benefitted thereby shall be in proportion to, and shall not exceed, the value of the benefit from the improvement. The Council shall establish the method or ix I I r L methods of apportioning the costs of such improvements among the parcels of benefitted real property. No special assessment shall be levied by the City government against any property in excess of twenty-five percent of the fair cash market value of the property after giving effect to the benefit accruing thereto from the work or action for which assessed, except where all benefitted property owners waive the above twenty-five percent limitation and agree to accept on a proportional basis one -hundred percent of the costs of the improvements. Kenai Ordinances Relied Upon: Kenai City Ordinance KMO 16.05.010(b) All benefitted real property, including that which is exempt from taxation in accordance with law, shall be liable for the cost of public improvements assessed unless specifically exempted from assessments for public improvements by law. No assessments shall be levied in excess of twenty-five (25%) percent of the fair market value of property after giving effect to the benefit accruing from the work or action for which assessed, except where all benefitted property owners waive the above 25% limitation and agree to accept on a proportional basis 100% of the costs of improvements. Kenai City Ordinance KMO 16.20.020 Assessments are lines upon the property assessed and prior and paramount to all liens except municipal tax liens. They may be enforced as provided in AS 29.45.290-500. Upon default on a payment due on an assessment district financed by general obligation bonds, the City Council may enforce payment of principal and interest, and costs of collection in a civil action in the same manner and with the same effect as actions for the foreclosures of mortgages on real property. x JURISDICTIONAL STATEMENT This is an appeal from the amended judgment of dismissal by the Honorable J. Justin Ripley of the Superior Court, Third Judicial District (3KN-89-349 Civ.) on December 4, 1989. This court has jurisdiction pursuant to Appellate Rule 202 and AS 22.05.010. 1 STATEMENT OF ISSUES PRESENTED FOR REVIEW 1. Did the trial court err in granting defendant's motion to dismiss when it considered matters outside the pleadings? 2. If the trial court's order of dismissal is construed as a grant of summary judgment, did the trial court err in overturning the finding of the standing master that a genuine issue of material. fact existed with respect to the assumption of a payment obligation by the defendants? 3. Did the trial court err in holding that there was "no evidence" that the defendants had assumed the obligation to pay 100% of the costs of the assessments? 1 The Honorable James Hanson was originally assigned to this case as the trial judge. Subsequently, Judge Carlson considered the matter, sitting temporarily in Kenai. Ultimately, the Honorable J. Justin Ripley entered the final Amended Judgment in the matter. [R. 52; R. 118; R 220-221.] - 1 - 4. Where the defendants induced the City of Kenai to make improvements on defendants' property by promising to pay 100% of the costs of these improvements, are the defendants liable for their promise to pay? r ' S. Are the defendants liable for 100% of the cost of J the assessments, as a matter of law, based upon applicable state statutes, city ordinances, and their execution and delivery of a document in which they agreed to assume 100% of the costs of the assessments? STATEMENT OF THE CASE In May 1984, a general partnership, known as MSM Partnership, and comprised of six members, Stanley S. McLane, Stan A. McLane, Michael P. McLane, M. Scott McLane, George H: Bradford, and Bruce E. Robson, (the appellee's in this case, hereinafter collectively referred to as "MSM" ) purchased a tract of land in the City of Kenai, known as Inlet Woods Subdivision. [R.- 9-16, 21-23, 97-100.] Simultaneously with the purchase of the land, MSM Partnership petitioned Appellant, the City of Kenai,for establishment of a Local Improvement District. [R. 22.] The Local Improvement District was sought for the purpose of constructing street improvements, water mains, sanitary sewer mains, storm - 2 - drains, and lighting for the Inlet Woods Subdivision, which MSM sought to develop. [R. 111-113.] As an inducement to the City of Kenai to approve and establish the Local Improvement District, the partnership, and each and every partnership member, agreed to accept 100% of the cost of the improvements for the Local Improvement District. [R. 21-22, 96, 153.] As a result of the partner's promise to accept 100% of the cost of the improvements, the City Council for the City of Kenai established the Local Improvement District, established a special assessment fund, and authorized an appropriation in the amount of $2,500,000 effective June 6, 1984. [R. 111-112.] Ultimately, the City of Kenai financed the project through a sale of general obligation bonds pursuant to AS 29.47.180. [R. 95, 111.] On June 21, 1988, MSM notified the City of Kenai of its first annual assessment in the amount of $210,227.77 would not be paid and offered to deed the property back to the City in satisfaction of the amount owing. [R. 89.] The City of Kenai declined this offer and the instant action to collect the delinquent assessment ensued. The delinquent assessments, penalties, and interest total over $235,624.30. [R. 101-102.1 The City of Kenai sued the MSM Partnership, and each individual member of the partnership, seeking a judicial foreclosure of the property, based upon the partners' individual acceptance of the obligation to repay 100% of the costs of the - 3 - 'I I I L A ' improvements pursuant to KMO 16.05.010(b). [R. 1-24.] In response, MSM filed a Motion to Dismiss for failure to state a claim under Alaska R. Civ. P. 12(b)(6) [R. 57-62], claiming that the City of Kenai did not have the authority to assert personal liability against MSM for the costs of the improvements on MSM's property, which had petitioned the City of Kenai to approve and fund, even though MSM had agreed, in writing, to accept 100% of said assessment costs. Id. The City of Kenai cross -moved for summary judgment claiming that it had a right to judicially foreclose on the property and collect any deficiency judgment from MSM and the i individual appellees. [R. 88-114.] The trial court then appointed Acting District Judge Lynn H. Christensen as special master to hear the opposing motions. [R. 125.) The Master for the Superior 3 Court, Lynn H. Christensen, found that MSM could be liable 1 3 personally for the cost of the improvements if a binding admission of debt existed between the City of Kenai and MSM. (R. 26] The 3 Master recommended that the Defendants' Motion to Dismiss and the City of KenaiIsCross-Motion for summary judgment be denied because the question as to whether a binding admission of debt existed was an issue of material fact that remained unresolved. Id. The Honorable Victor D. Carlson of the Superior Court rejected the recommendations of the Master and stated: IT IS ORDERED that there being no evidence of the assumption of a personal obligation between the defendants and the Plaintiff upon - 4 - which the Plaintiff could sue, e.g., a note, 3KN-89-349 Civ. is DISMISSED. [R. 25.] The City of Kenai then filed a Motion to Reconsider which was denied by the Honorable Victor D. Carlson on September 13, 1989. [R. 154-158, 163.] _ Immediately thereafter, MSM's counsel filed a Motion for Attorney's :Fees on September 14, 1989. [R. 176-177.] On September 25, 1989, counsel for MSM and for the City of Kenai signed a Stipulation giving the City of Kenai until October 12, 1989 to respond to MSM's Motion for Attorney's Fees. [R. 178-179.] However, on October 5, 1989, the trial court entered judgment and awarded attorney's fees to MSM. [R. 182-183.] As this order was filed during the period of time when the City of Kenai still had time in which to respond to MSM's Motion for Attorney's Fees, this judgment was vacated. [R. 193.] An Amended Judgment was signed by the Honorable J. Justin Ripley on December 4, 1989, dismissing the City of KenaiIscomplaints against MSM with prejudice and awarding costs and attorney's fees to MSM in this action. [R. 220-221.] On December 22, 1989, the City of Kenai filed its Notice of Appeal. [R. 38-39.] STANDARD OF REVIEW To the extent this appeal raises questions of law, the standard of: review for this court is de novo, and it is the duty of the court to adopt a rule of law most persuasive in the light of - 5 - 4 ' precedent, reason and policy. Langdon v. Champion, 745 P.2d 1371 (Alaska 1987). Moreover, questions of statutory interpretation are reviewable cie novo as well. Waller v. Richardson, 757 P.2d 1036 # (Alaska 1988).- However, factual findings will not be set aside unless it can be shown the Superior Court's decision was clearly erroneous. Parker v. Northern Mixing Co., 756 P.2d 881 (Alaska 1988) Clearly erroneous findings are those which would leave the appellate court with the definite and firm conviction, based upon the entire record, that a mistake was made, despite there being some evidence to support the finding. However, in making such a determination, the Appellate Court must view evidence in a light j most favorable to the prevailing party below. Id. t MSM filed a motion to dismiss, pursuant to Civil Rule 12(b)(6), which was granted by the trial court. Kollodge v. State, 757 P.2d 1024 (Alaska 1988), states: s L To survive a challenge under Civil Rule 12(b)(6), "it is enough that the complaint set forth allegations of fact consistent and appropriate to some enforceable cause of action." Linck v. Barokas & Martin, 667 P.2d 171, 173 (Alaska 1983) �- Kollodge, 757 P.2d at 1025-1026. The Alaska Supreme Court has recently reaffirmed the strong policy against a dismissal under Rule 12 (b) (6 ) when it stated that the motion should be granted only if the complaint does not set forth factual allegations supporting any enforceable cause of action. Homeward Bound Inc. v. Anchorage School Dist.rict, P.2d (Supreme Court Opinion No. 3589, a April 27, 1990). See also, Knight v. American Guard & Alert, 714 P.2d 788, 791 (Alaska 1988). In this case, the trial court granted MSM's motion to r dismiss for failure to state a claim. However, in reaching that Q decision the trial court clearly considered matters outside the pleadings. The determination that there was "no evidence" of the assumption of personal liability by MSM, [R. 25] could only have occurred by reference to sources beyond the pleadings. In Kollodae, this Court held that it improper for trial to was a court consider matters outside the pleadings in deciding a motion to dismiss. The trial court must only consider the material contained in the pleading in a motion for failure to state a claim. (Emphasis in original.) Kollodae, supra, 757 P.2d at 1026. This court recently addressed a similar problem where the trial court considered evidence outside the pleadings in Homeward Bound, Inc., supra: If the parties present materials outside the pleadings, the court must state affirmatively whether or not it considered the materials presented. Reed v. Municipality of Anchorage, 741 P.2d 1181, 1184 (Alaska 1987). If the court considers matters outside the pleadings, it must treat the motion to dismiss as a motion for summary judgment pursuant to Civil Rule 55. Id.; Alaska R. Civ. P. 12(b)(6). When the Superior Court does not state whether I or not it excluded the evidence outside the pleadings, we may remand for proper ` consideration, review the decision as if the L Rule 12(b)(6) motion was granted after exclusion of the outside materials, or review 7 - L the decision as if the court granted a motion for summary judgment. Reed, 741 P.2d at 1184. Homeward Bound, Inc., P.2d (Alaska Supreme Court No. 3589 at pp. 4-5) .. In Homeward Bound, Inc., the Supreme Court elected to review the entire decision as if the court had entered summary l judgment for the defendants pursuant to Civil Rule 56 rather than i remand. In the instant case, MSM originally moved to dismiss; City of Kenai cross -moved for summary judgment and provided documentary evidence in support of the cross -motion. Consequently, if this court deems it proper to consider the trial court decision granting MSM's Motion to Dismiss as a Motion for Summary Judgment under Rule 56, then both MSM's Motion and City of Kenai's Cross - Motion should be considered under the same standard governing 's summary judgments generally. 3 The standards governing summary judgment in Alaska are well established; thus, the party seeking summary judgment has the entire burden of showing that there is an absence of material issues of fact. Clabaugh v. Bottcher, 545 P.2d 172 (Alaska 1976); Alaska Rent-A-Car, Inc. v. Ford Motor Co., 526 P.2d 1136 (Alaska - 1974). All inferences of fact from the proffered proofs are to be drawn in favor of the party opposing summary judgment and against the movant. Alaska Rent-A-Car, supra; Williams v. Municipality of j Anchorage, 633 P.2d 248 (Alaska 1981). The party seeking summary judgment has the entire burden of proving his opponent's case has no merit. Alaska R. Civ. P. 56; Williams v. Municipality of Anchorage, supra, 633 P.2d at 250. The party opposing summary judgment need not establish that he will prevail at trial. Straight v. Hill, 622 P.2d 425 (Alaska 1981). Where there are genuine issues of fact, it is error to enter a summary judgment. Ransom v. Haner, 362 P.2d 282, 289-90 (Alaska 1961) . To obtain summary judgment, not only must it be shown that there are no genuine issues of material fact, but also that the moving party is entitled to judgment as a matter of law. Moore v. State, 553 P.2d 8 (Alaska 1976); Whaley v. State, 438 P.2d 718 (Alaska 1968). ARGUMENT A. The Tri.al Court Erred in Deciding That There Was No Evidence of a Personal Obligation Where There Exists a Genuine Issue of Material Fact as to Whether MSM Induced the City of Kenai to Make Improvements on MSM's Property by a Promise to Pay. City of Kenai Ordinance KMO 16.05.010(b) provides that no assessment shall be levied in excess of 25% of the value of the property "except where all benefitted property owners waive the above 25% limitation and agree to accept on a proportional basis 100% of the costs of improvements." (Emphasis added.) It is undisputed that MSM agreed to waive the 25% limitation and "accept" 100% of the cost of the improvements. [R. 96.] This evidence of acceptance was introduced by the City and no objection was lodged by MSM. In the proposed amendment to the land improvement district I I t I 6 L i # for the Inlet Woods Subdivision, MSM declared: We, the undersigned owners of the above - mentioned property waive the 25% limitation for costs and agree to accept 100% of the costs of the improvements to be located in the L.I.D. (Local Improvement District). [R. 96.] This document. was signed by each and every individual Appellee. [R. 96.] It has been the City's position throughout this litigation that this ordinance by its plain terms establishes a personal obligation on those -persons affirmatively waiving the 25% limitation and accepting 100% of the costs of improvements under the ordinance. Thus, the person seeking the higher level of city support for assessment district spending, must both waive the 25% limitation, and accept 100% of the cost of the higher level spending. If the original change in the ordinance allowing the higher level assessments had not intended personal liability, then mere waiver of the 25% limitation would have been sufficient. Instead, however, the additional language was added requiring acceptance of' all costs. Based on ordinary principles of statutory construction, it seems clear that the additional language in the ordinance is designed to impose a personal obligation upon those wishing to enjoy the benefits of the higher levels of city investment. The legislative history of the Kenai Charter also shows that § 7-3 of the Kenai City Charter was changed to provide for - 10 - 100% of assessments against developers, and that this change contemplated personal liability. At the Kenai City Council meeting on April 6, 1983, it was stated: �r City Manager Brighton explained administration intent was, in order for the developer to get honey, this was necessary. Also, if this was passed, there would be restrictions by ordinance to eliminate the problems mentioned. He suggested having the L.I.D. described as 100% of improvements, but 25% could remain for individuals where there were more houses. Councilwoman Bailey said the people needed to know what we are trying to do. 25% and 100% could actually be the same figure. 25% of the lot could be the same as 100% of the improvements. We will not necessarily be charging 100% of the lot. 100% would be paid back by the people developing the property. (Emphasis added) The change in the City Charter and the Municipal Code that was adopted allowing for 100% assessments of improvements on property was designed for the limited and unique instance where the City of Kenai finances improvements sought by developers by issuing general obligation bonds, to ensure that the City will recover the considerable amounts spent for improvements. The significance of the waiver of the 25% limitation, and MSM's acceptance of 100% of the costs of the improvements, must also be viewed in the context of the City of Kenai's statutory scheme relating to various types of special assessment districts. Thus, the City of Kenai has enacted an express scheme for the 2 Legislative history of the City of Kenai is attached to this brief' as Appendix "A." - 11 - enforcement of special assessments financed by general obligation bonds through KMO 16.20.020 which provides, in relevant part: Upon default of a payment due on an assessment district financed by general obligation bonds, the City Council may enforce payment of principal and interest and costs of collection in a civil action in the same manner and with the same effect as actions for the foreclosures of mortaaaes on real property. (Emphasis added). Actions for foreclosures of mortgages on real property, in turn, are governed by AS 09.45.170, which states: A person having a lien upon real property, other than that of a judgment, whether created by mortgage or otherwise, to secure a debt or other obligation, may bring an action to foreclose the lien. In the action the court may direct the sale of the encumbered property or a portion of it, and the application of the proceeds of the sale to the payment of costs, expense of sale, and the amount due the plaintiff. The judgment shall also determine the personal liability of the defendant for the payment of the debt secured by the lien and be entered accordingly. Thus, it is clear that the city has again provided for the collection of personal liability of amounts due on delinquent special assessements, at least where those assessments have been funded through general obligation bond sales. This is further evidence that the City's general ordinal scheme contemplates personal liability under certain circumstances for those who enjoy the benefits of city -financed improvements and developments. It was on these statutory and ordinal bases that the City of Kenai proceeded to bring its action against defendants. Master - 12 - V Lynn H. Christensen, on August 16, 1989, submitted the following findings and order that stated in relevant part: .1. Notwithstanding the majority rule that assertion of personal liability against the landowner for delinquent special assessments .is generally not allowed, the City of Kenai does have authority to provide for alternative schemes of enforcement of delinquent special assessments. 2. The City of Kenai adopted an alternative scheme in KMC 16.120.020 [16.20.020] thereby providing for the collection of delinquent assessment due on special assessment districts in. the same manner as actions for the - foreclosure of mortgages on real property. 3. Kenai City Ordinances do not create, either expressly or by implication, automatic personal liability against the landowner. 4. Under existing mortgage law, the landowner may be found personally liable only when some collateral obligation or other binding admission of debt exists. . . Since there still exists an issue of material fact, i.e., does a binding admission of debt exist between the City of Kenai and the defendants in 3KN-89-349 CI, the City's Cross - Motion for Summary Judgment is denied. Defendant's Motion to Dismiss in 3KN-89-349 CI .is, also denied. [R. 26-27. ) L The trial court implicitly accepted the Master's Findings that the E City of Kenai had the authority to provide for the recovery of delinquent assessments in the same manner as actions for the foreclosures, of mortgages on real property. [R. 25.] However, the trial court found that there was no mortgage evidencing the debt: . IT IS SO ORDERED that there being no evidence of the assumption of a personal - 13 - I * obligation between the defendants and the i plaintiff upon which the plaintiff could sue, e.g., a note, 3KN-89-349 Civ. is DISMISSED. [R. 25.] In doing so, however, the trial court ignored the language of AS 09.45.170 which does not limit itself to mortgages,but instead is r much broader, covering "mortgage[s] or otherwise, to secure a debt or other obligation." The decision by the trial court that there was "no" Ievidence of the assumption of a personal obligation is clearly erroneous as a matter of law. MSM affirmatively stepped forward and petitioned the City of Kenai for the formation of an assessment district for improvements so that MSM could develop property and t make a profit. [R. 111-113.] It was not the City of Kenai that approached MSM. It is precisely these actions, as memorialized in MSM's requested amendment to the special assessment district [R. 96 ] that constituted the personal undertaking to pay upon which the City of Kenai's suit was based. From a procedural standpoint, Judge Carlson's ruling is clearly defective: he could only conclude that the amendment to the special. assessment district [R. 96] is "no evidence" of personal obligation by first concluding that the entire statutory and ordinal. scheme, under which the City of Kenai has been proceeding in this case, does not contemplate or permit personal liability of: landowners. Then, and only then, could the conclusion be reached that the plain and clear language of the MSM partners - 14 - did not constitute evidence of personal obligation to pay. Judge Carlson, however, made no such finding, regarding the Kenai ordinances. Stripped of its superficial complexities, this case is straightforward. MSM Partners, pursuant to the ordinances of the City of Kenai, requested certain services and financial support from the City, to assist them in a speculative real estate development. To induce the City to put its full faith and credit on the line, under the statutory and ordinal scheme, the partners f were required to promise to be responsible for the indebtedness they were inducing the City to take on. To hold real estate developers and property owners liable under such circumstances is not novel. There is considerable case law holding that when developers induce the construction of improvements, they can be personally liable for the costs of such improvements. Thus, Annot., Personal Liability of Property Owner to Pay Assessments for Local Improvements, 127 A.L.R. 551, 588 (1940), states: L L As stated in Annotation in 86 A.L.R. 779, t property owners are held personally liable for assessments for local improvements where they had promised to pay the cost of such improvements to induce the construction thereof, or have agreed with other property owners to pay their proportion of the expenses. See also, Annot., Validity and Affect of Agreement by Property ` Owners or Occupants to Pay Cost of, or Assessment Against Property IL I - 15 - ' For Local Improvement, 167 A.L.R. 10301 1031 (1947); Annot., Validity and Affect of Agreement by Property Owner. by Bond or Other Contract, -to-Pay Assessment Against Property for Local Improvement, 86 A.L.R. 779 (1933); 70 Am.Jur. 2d, Special or Local Assessments, § 190 (1987) ("Property Owners have been held personally liable for assessments for local improvements where they have promised to pay the cost of such improvements to induce the construction thereof, or have agreed with other property owners to pay their proportion of the expenses", at p. 1282.) In Town of Nome v. Lane, 1 Alaska Reports 593 (1902) , s" Nome alleged that the defendant was indebted to it in the sum of $341.44 for street assessments for the improvement of certain property. The improvements were furnished by the City of Nome at i the special insistence and request of defendant, and was done with the defendants' knowledge, acquiescence and consent. The defendant had petitioned the City Council to order the improvement done. The defendant in his petition had requested the council improve the street in such a manner as the common council might deem proper and "to exercise the power of said council providing for the improvement of said Steadman Avenue." Id. at 594. The court held: It seems clear enough to me that the City may undertake such improvement under the wide power given it by statute, and, if the defendant requested the improvement to be made, an implied contract to pay for it may result. The complaint states a cause of action, and the demurrer may be overruled. Id. at 595. In Lane, there was no requirement that there be a - 16 - "note" in order to sue the Defendants personally to recover the cost of the assessment. Id, it being sufficient that the City acted at the specific request of the property owner. In this case, the City Council of Kenai, while it had the power to provide for improvements in the City of Kenai', had no obligation to make the improvements that MSM requested. MSM, however, was clearly interested in having the improvements made so that they could further develop the property and make a profit. The obligations to pay were freely assumed by MSM; the partnership did not have to agree to the 100% assessment. When they did agree, however, the result was a contract: Appellees promised to pay 100% of the assessments in exchange for the City of Kenai's promise to establish the local improvement district and appropriate millions of dollars. This case is not an example of an individual homeowner who has to involuntarily pay an assessment imposed for an improvement that benefitted his property. Nor is this a tax that was imposed upon MSM. See, Westbrook. Inc. v. Town of Falls Church, 39 S.E. 2d 277 (Va. 1946). In Westbrook, the town of Falls Church attempted to impose the cost of constructing sewers in streets abutting a corporation's property. The corporation claimed that it ' The City issued general obligation bonds to pay for the improvements. AS 29.47.180 states that "a Municipality may acquire, construct, improve, and equip capital improvements and issue negotiable or non-negotiable general obligation bonds for these purposes". - 17 - I r I 6 L Iwas being charged an amount in excess of the benefits accruing to its abutting property and therefore the change constituted an unconstitutional tax or assessment. The court stated: A tax is an enforced contribution imposed by the government for governmental purposes or governmental needs. It is not founded upon # contract or agreement. As is said in 51 Am i Jur, Taxation, § 5, pp. 38, 39, "A tax is a forced charge, imposition or contribution; it operates in invitum, and is no way dependent upon the will of contractual assent, express or implied, on the person taxed." See also, Welch v. Henry, 305 U.S. 134, 146, 59 S.Ct. 121, 125, 83 L.Ed. 87, 118 A.L.R. 1142; Danville Power &- Traction Co. v. City of y Danville, 168 Va.430, 436, 191 S.E. 592, 594. In the case before us, the cost of installing neither sewer was an obligation imposed upon Westbrook against its will. The cost of the installation mentioned in Item No. 1 of the Special Plea was an obligation t which Westbrook voluntarily assumed by its contract. Westbrook admits that it requested the town to make the installation and that it solemnly contracted to reimburse the town therefor . . . and so, too, the fact that the town required Westbrook to live up to its contract obligation and to reimburse it for _ the installation of the water main and fire hydrant claimed in Item No. 3 of the Special Plea involves no imposition by a town of a discriminatory and invalid tax, or any tax at all, for that matter. The argument that there was no consideration for the promise of Westbrook to reimburse the town for the improvements made at Westbrook's request is unsound. It is a matter of common knowledge that improvements of this character enhance the value and marketability of the property of abutting owners. When the town complied with Westbrook's request and made the desired improvements, Westbrook was thereby enabled to enjoy immediately the benefits - 18 - derived from such enhancement in value of its property, instead of being compelled to wait until the improvements could have been made at the town's convenience. (Emphasis added) r Id., at 280. Another illustrative case is Grosse Ile Tn. v. New York Indemnity Co., 245 N.W. 791 (Mich. 1932). In Gross Ile, the property owner executed a bond in order to have desired improvements upon his property. The surety of the bond claimed that the town had no power to seek recourse against the surety. The court stated: It is conceded that the improvements benef itting the property would not have been made by the township had not the bond been given, and plaintiff contends that, after inducing official action by the giving of the bond, Mr. Wark and his surety are estopped from asserting the invalidity thereof. j The agreement by a property owner wishing to have his property benefitted by local r improvements, to pay the assessment therefor, j[ violated no principle of public policy, is enforceable, and the law will not permit such owner to repudiate liability after the work is completed and the benefits conferred. The theory of local improvements is that of local benefits, and we can see no reason for ti releasing the owner from the voluntary C assumption of an obligation to pay for such special benefits to his property that he has thus obtained the improvements and profited by the benefits. . . . knowing that the township would not undertake the establishment of the improvements benef itting a few property owners without assurance that the expense thereof would be paid, Mr. Wark and the surety voluntarily entered into the engagement suit. t IL Id. See also, Uvalde Rock Asphalt Co. v. Hurlock, 87 S.W.2d 1085 L - 19 - t (Tex. 1935); Davis v. Gray, 103 S.W.2d 999 (Tex. App. 1937); Guaranty Mortgage & Securities Co. v. Millsaps, 151 So. 197 (La. 1933). MSM herein gave assurances to the City of Kenai that they i would pay 100% of the assessments in order to induce the City to issue general obligation bonds and expend millions of dollars on Appellees' property. The promise to pay 100% of the assessments was the inducement for the City to agree to appropriate the funds for the improvement. This promise is clearly evidenced by the joint acceptance of the individual appellees to pay 100% of the f cost of improvements. [R. 96.] At a minimum, this is a question of fact that should lead to a reversal of the trial court's decision. The trial court, erred when it determined that there was "no evidence" of an assumption of personal liability by Appellee. The amendment to MSM's petition for approval of the local improvement district shows that they expressly agreed to pay 100% of the cost of the improvements. [R. 96.] This agreement was an inducement to the City of Kenai to approve the improvements. As seen in the cases cited above, and under general principles of contract law, a promise to pay is enforceable. Further, as stated previously, the judicial foreclosure statute, AS 09.45.170 does not require a mortgage, but merely requires a promise or other obligation to pay. AS 09.45.170 provides for a foreclosure of the lien and the enforcement of the underlying existing promise to pay in the same - 20 - action. The City of Kenai clearly alleged the existence of a personal obligation to pay on the part of each partner in its original Complaint. [R. 1-8.] The allegations of the Complaint clearly state a cause of action and the trial court's dismissal under Alaska R. Civ. P. 12(b)(6) must be overturned. If the matter is viewed as one for summary judgment, and drawing all reasonable inferences in favor of the City of Kenai, there is at least a genuine issue of material fact as to whether Appellees promise to pay the assessments resulting in a binding obligation upon them. The trial court therefore erred in granting Appellees' Motion to Dismiss.` B. The City of Kenai is Entitled to Summary Judgment as a Matter of Law. ^ It is the contention of Appellant that the trial court erred in denying the City of Kenai's cross -motion for summary judgment. Based upon the authority granted a home -rule City by the Alaska Constitution, state law, and the Charter and municipal ordinances of the City of Kenai, and the agreement by MSM to pay ` The negotiations, letters and other communications between the parties are relevant as to MSM's promises. Furthermore, the records of the parties themselves, including council meetings discussing whether to approve the Local Improvement District and the general obligation bonds also are relevant in showing the inducement to the City by MSM's to pay. MSM brought a motion to dismiss. There has been very little discovery and no depositions taken in this case. It is therefore premature to grant summary judgment to MSM when genuine issues of material fact remain. - 21 - I L 1000 of the assessment, the City of Kenai is entitled to summary judgment as a matter of law. The City of Kenai is a home -rule Municipality. Article X, Section 11 of the Alaska Constitution states that: A home rule borough or city may exercise all legislative powers not prohibited by law or by charter. AS 29.35.400 states: General construction. A liberal construction shall be given to all powers and functions of a municipality "conferred in this title." And AS 29.35.410 states: - Unless otherwise limited by law, a municipality has and may exercise all powers and functions necessarily or fairly implied in or incident to the purpose of all powers and functions conferred in this title. Title 29, Chapter 46 details the Alaska state law regarding special assessments. However, Title 29, Chapter 46 is not a limitation on home rule powers. AS 29.10.200 lists the only provisions of Title 29 that prohibits home rule municipalities on acting otherwise than as provided, and Chapter 46 of Title 29 is not one of these provisions. Thus, state statutes do not prevent the City of Kenai from suing MSM personally to collect the cost of improvements even if such action is facially inconsistent with the special assessment statute. See Jefferson v. State, 527 P.2d 37 (Alaska 1974): A municipal ordinance is not necessarily invalid in Alaska because it is inconsistent or in conflict with a state statute. The question rests on whether the exercise of - 22 - authority has been prohibited to the Municipality. Id., 39.5 It is not necessary to look to the state statutes to provide authorization for the City of Kenai, as a home rule city, to assess through voluntary personal liability, improvements sought by developers, nor is the imposition of personal liability against a builder who sought aid and has agreed to accept 100% of the assessments for improvements on the property prohibited by the Charter of the City of Kenai. Both the City Charter and municipal ordinances allow a developer to be assessed 100% of the improvements if the developer agrees. See City Charter, § 7--3, KMO 16.020.020. Nothing in Alaska state law or law in other jurisdictions prevents a City from making such a requirement a condition to obtain improvements that a developer seeks from a municipality. The City of Kenai submits that the agreement by MSM to pay 100% of the assessments for improvements to MSM's property, as 5 In any event, Kenai's ordinance is not inconsistent with the state law on special assessments. AS 29.46.080(c) provides that assessments may be enforced as provided in AS 29.45.320 and AS 29.45.470 for enforcement of property tax liens. AS 29.45.320 states that the municipality shall "enforce delinquent real property tax liens by annual foreclosure, unless otherwise provided by ordinance." Therefore, the state statutes provide for the enforcement of special assessments by whichever means that the home rule Municipality provides by ordinance. KMO 16.20.020 provides for the collection of the assessments financed by general obligation bonds, in a judicial foreclosure lawsuit, which also allows deficiency judgments. See AS 09.45.170. - 23 - a matter of law, is an enforceable obligation that results in the ability of the City of Kenai to seek to enforce a deficiency judgment through the use of the Alaska foreclosure law (AS 09.45, et sea.) There is further evidence relating to the City's authority, and intent, to impose a personal liability on certain property owners. Thus, KMO 16.020.020 provides for collection of personal judgments on delinquent special assessments, where the special assessments are financed by general obligation bonds and where judicial sale does not bring a sufficient amount to pay off the delinquency. The ordinance contains an alternative, express schemes for the enforcement of special assessments. Thus,, KMO 16.020.020 clearly provides for two alternative ways to enforce special assessments: ,. Assessments are lines upon the property assessed and prior and paramount to all liens, except municipal tax liens. They may be enforced as provided in AS 29.45.290-500. Upon default on a payment due on an assessment district financed by general obligation bonds, the City Council may enforce payment of principal and interest, and costs of collection in a civil action in the same manner and with the same effect as actions for the foreclosures of mortgages on real Property. (emphasis added). The first two sentences of KMC 16.020.020 simply restates the Alaska statutes, AS 29.46.080(c) and AS 29.45.320. The underlined material, however, is different from the state statutes - 24 - and provides a separate and distinct enforcement mechanism for a special category of assessment: assessments in districts originally financed by general obligation bonds. The significance of providing for this special mechanism of enforcement for special assessments financed by general obligation bonds, is that the City of Kenai is not limited to a single method of financing special assessment district f' improvements. Thus, the Municipality is authorized to issue general obligation bonds for capital improvements (AS 29.47.180), revenue bonds (AS 29.47. 240, et sea.) , and special assessment: bond t (AS 29.46.140). Moreover, the City has provided for financing alternatives in its own ordinances. KMO 16.05.050. Consequently, under both state statutes, and under its own ordinances, thE! City ` [t of Kenai is entitled to select among various financing mechanisms when financing a special improvement district. By its terms, KMO f l 16.020.020 creates two categories of enforcement mechanism: the first category follows the general rule for special assessments, and borrows state statutory language by providing for endorsement in the same manner as provided for real property taxes, i.e., through straight foreclosure against the property. The second, clearly distinct remedy, is applicable only to those special assessment districts financed by gE!neral obligation bonds. Thus, such districts are expressly carved out, and made subject to the remainder of § 20 which provides that: such delinquencies may be enforced "in the same manner and with the same - 25 - r ' effect as mortgages on real property. Id. r The language relating to general obligation bond financed districts does not simply restate the remedy in the previous sentence. First of all, real estate tax foreclosures are, in fact, limited to foreclosure and sale of the property and a personal judgment against the owner of the land will not lie. In sharp contrast, foreclosures of mortgages on real property may be Either through a straight foreclosure or by judicial foreclosure. Unquestionably, the procedures available for real property tax foreclosures are conceptually and legally distinct from those available for mortgage foreclosures. Further, if the second part of § 20 is considered to merely restate, in differing language, the tax foreclosure remedy, then the entire portion of the ordinance relating to general obligation bond -financed special assessment districts becomes surplusage and unnecessary. Such an interpretation violates a basic principle of statutory construction. It is undisputed that the Inlet Woods special assessment district at issue in this case was financed by general obligation bonds issued by and under the authority of the City of Kenai. [R. 4, 20, 95, 110-111.] Interpretation of municipal ordinances is governed by ordinary principles of statutory construction. Stanfill v. City of Fairbanks, 659 P.2d 579 (Alaska 1983); Canfield v. Sullivan, 774 F.2d 1466 (9th Cir. 1985) (applying Alaska law). It is well established that statutes or ordinances are not to be construed in - 26 - such a manner as to create surplusage of language in a statute or ordinance; there is an active presumption the enacting body intended some objective result when drafting the ordinance or statute in question, and that all language has operative effect. See, Libby v. City of Dillingham, 612 P.2d 33 (Alaska 1980), citing 2A Sutherland Stat. Const. § 46.06 (4th Ed. 1973) (stating the general rule). Such intent is not to be lightly disregarded by reviewing courts. Since Inlet Woods was a general obligation bond assessment district, the City is entitled to proceed in "the same manner and with the same effect" as is provided for mortgages on real property. As such, it is clearly entitled to avail itself of the provisions of AS 9.45.170 which is the basis for judicial real property foreclosure in Alaska, and which provides for delinquency judgments. This statute, while applying to mortgages, is not limited to mortgages. Rather, it provides for the enforcement of all liens, whether created by mortgage or otherwise that secure debt or other obligation. Unquestionably, the special assessment in the instant case constitutes a lien upon real property. Similarly, the lien secures the special assessment debt or obligation. KMO 16.020.020. Consequently, it is clear that the lien created by the special assessment is enforceable upon delinquency under AS 9.45.170. - 27 - I I I I U I I b In sum, it is clear that the State of Alaska has enacted a broad statutory scheme allowing the City of Kenai to enact ordinances relating to the collection of delinquent special a assessments. The City has chosen to exercise that authority and enacted KMO 16.020.020. That ordinance gives the City, in the case of delinquent assessments in districts financed by general obligation bonds, the same remedies as possessed by a person with a mortgage lien on real property. These remedies include the right s to a personal judgment against the land's owner to the extent a i judicial sale of the property doesn't discharge the lien. There is no prohibition, either statutory or constitutional, against KMO s 16.020.020 and the City of Kenai is entitled to enforce it in judicial foreclosure. z This alternative scheme was enacted specifically for developers and improvements financed by general obligation bonds. It enabled the City of Kenai to contract with a developer for the 3 payment of 100% of the costs of an improvement. See legislative history quoted previously and attached hereto as Appendix A. The City of Kenai is entitled to summary judgment on its claim against Appellees because it is established: 1. MSM Partnership in fact owns the land in question in Inlet Woods Subdivision. 2. The land owned by MSM Partnership is subject to special assessments as otherwise set forth herein. - 28 - 3. The special assessments in question were imposed in accordance with applicable statutes and ordinances. 4. The outstanding special assessment balance, including penalties and interest, as of June 19, 1989, on land owned by MSM Partnership in the Inlet Woods Subdivision is $235,624.20, plus attorney's fees of $7,763.32. 5. MSM Partnership has not paid the outstanding special assessment, penalties, interest and costs on collection accrued on this land. 6. The individually named Appellees are partners in the r Appellee MSM Partnership and MSM Partnership operated at all ![ relevant times in the State of Alaska. 7. Individual Appellees each agreed .to the special assessments and agreed to accept 1000 of the assessments for the local improvement district. Since there are no disputed areas of fact, the City of ` Kenai is entitled to its judgment as a matter of law. Therefore, it was error for the trial court to deny the City of Kenai's cross C motion for summary judgment. C. The City of Kenai Has An Enforceable Claim Based Upon Appellee's Express or Implied Promise to Pay. Even in the Absence of an Express Constitutional, Statutory or Ordinal Scheme. The personal liability of MSM to pay the assessments exists even if there is no constitutional, statutory or municipal - 29 - L l authority granting a municipality the right to impose 100% of the value of the assessments personally and involuntarily against a property owner. A voluntary promise to pay inducing a municipality to improve property is sufficient to create an enforceable :right under contract law. See, Town of Nome v. Lana, supra; Westbrook. Inc. v. Town of Falls Church, supra; Guaranty Mortgage & Securities Co. v. Millsaps, supra; Uvalde Rock Asphalt Co. v. Hurlock, supra. In Guaranty Mortgage & Securities Co. v. Millsans, 151 So. 197, where there was --a question as to whether a particular statute imposed personal liability on the owners of property abutting a street or alley paved or otherwise improved and where the court also indicated that an intent to impose such personal liability beyond the value of the property would be a doubtful constitutionality, the court stated: On the other hand, there is nothing which prevents the owner of such property, or any other person, from assuming personal liability for a local assessment thereon if he chooses to do so, in order to gain some advantage or for other reasons satisfactory to himself. Id., at 198. Regardless of the constitutional issues that may exist if personal liability is imposed involuntarily on a property owner, a property owner can clearly agree to assume responsibility for the payment of improvements. See, Town of Nome, supra. In this case, MSM affirmatively chose to petition the City Council of the City of Kenai for a local improvement district in which the City of Kenai - 30 - would also appropriate the funds for improvements so that MSM could then make a profit. The cases cited by the City of Kenai hold that where a developer agreed to pay the costs of improvements to induce the construction of the improvements, the developer is :Liable, irrespective of constitutional, statutory or municipal authority, that would not allow the municipality to impose such personal liability against one's will. In this case, MSM had the choice whether to agree to pay for 100 0 of the cost of the improvements on the property. They agreed to do so in order to induce the City to make the improvements. Therefore, they are liable under principles of express and implied contract law for a promise to pay the indebtedness. See, Town of Nome v. Lang, supra.' r. Note that the statutory method for collection and/or enforcement of assessments is not the exclusive remedy open to the City of Kenai under these circumstances where they have an enforceable promise to pay for the indebtedness. See, Town of Nome v. Lang, supra; New Haven v. Fair Haven and Westville Railroad Co., 38 Conn. 422 (1871)(reviewing court construed city charter which authorized the assessment and provided that a lien shall be foreclosed in the same manner as if a mortgage on the land, to provide security in addition to a popular remedy at law for the collection of the assessment, and not as the exclusive method for the collection of the assessment and enforcement of the lien); Town of Harrison v. County of Westchester, 253 N.Y.S.2d 846 (N.Y. Sup. Ct. 1964) aff. 261 N.Y.S. 2d 274 (App. Div. 1965); Annot., Exclusiveness of Method Prescribed by Statute or Ordinance for Enforcement of Special Assessment for Public Improvement or Service, 88 A.L.R.2d, Second 1250, 1266 (1963). - 31 - CONCLUSION For the foregoing reasons, the City of Kenai respectfully requests the Court to reverse the trial court's order, and to direct entry of summary judgment in favor of the City of Kenai. In the alternative, the City of Kenai respectfully requests the Court to reverse the trial court's order and reverse the order granting Defendants' Motion to Dismiss, and remand this case for further proceedings, consistent with Master Christensen's finding that material questions of fact exist with respect to the question of indebtedness. RESPECTFULLY SUBMITTED this /� day of July, 1991) MALONEY & HAGGART Attorneys for Appellant By: - 32 - A P P E N D I X "A" LEGISLATIVE HISTORY IIrAI fl It t'llll%l II - - aPHll a. 17-IS r vile 2 r it Mwn:nlrf Ilflyhf un r.I.lwlhr'4, pllu•t hlmllwr rryri r.w l•1 lire submlll►d wn•1 vulr•d dlrwr., bill wJn.'tr lhr prtittroll ww;l eubmlllrot nn Ills•.. wr ha.lu hwv.. is pilbIIr hrurlrry. 14I31I0`, Amrndmrnl ; Councilwoman f.lir'k mvivrd. wrrondrd by CouticIlaen Measles, on the ucorrd MHI III Ai, a pr•flud br placed alter the word 'district' an the 2r.4 Ilse and thr real of Ilia or.f.twncr, be drleled. VOTE. Amendments Motion passed by onentmuue consent. VOTE. Main Motion as Amandedt Motion passed unanimously by roll call vote. C-A Resolution 111-40 - Ironafer 11,110 to Hire Employee lei Renovate Concession Stench and Little league and Softball fields 140TION1 Councilmen Wagoner moved, seconded by Councilman Ackerly, to adopt the resolution. 3 There was no public comment. Motion passed by unanimous consent. C-S Resolution 63-e11 - Special Election for Purpose of Amending Section 7-3 of Charter - Deleting Limitation of Special Assessment levies to 2s% of fair Cash Market Value of Property MO1ION I Councilmen Wagoner moved, seconded by Councilman Ackerly. to adopt the resolution. PUBLIC COMMENT? i 1. Ruby Coyle. Does this mean the City is changing the Tj Code to charge an assessment district to 100% of the property? Mayor Malston said the object to for single owners of property that wished rater A sewer and wanted to pay for It, could do It. Mrs. Coyle mold If you put street* 1 and sidewalks In for 100% of value, then the property has no value. Atty. Rogers explained t00% of the value of the property including improvements. 'Finance Director Brown explained we are not after the assessed value of the property but the cost of Improvements. Mrs. Coyle sold when t the street was paved by the high School, they were charged more then the value of the property. The 25: stopped that. City Manager Brighton said we have had requests for assessments Rhere there was just raw land. The way the law Is ends, the city would have to pay 751. of assessments. If it In changed. the improvements will not cost the taxpayers anything. The cost would go back to the property that la benefited. Mrs. Coyle said the 25o: was to protect the homesteaders from havinq to sell everything to pay their assessments. Mr. Brighton explained trials !a for property with vine owner, not for those with houooa urr them. Over 50% of the penple have to approve. He added they wre doing this in Soldolna and ern able to develop lend •racy. Councllwuman Glick Raid there all 6 d►flnrenrr• between an LID • PROPOSMON the lost orntsnrr or Section 7-5 of the Ch%rtrr of the City 01 Xen4t rea.10k as follow*3 special assessment shall he levied by the City qovvrnei,nt against any property in excess or twenty-five Percent or the rear cash market value o", of the property after giving effect to the benefit j*,.,. accruing thereto (too the work or action for which assessed.' Shall Such sentence be amended, to read as follows" aL_ '�twfr No special assessment shall be levied by the city _' `teegovernment against any property In sitcoms Of .., twenty-five percent or the fair cash market value of the property after giving effect to the benefit accruing thereto from the work or action for which manedt except where all benefited property owns;: ..I.e the above twenty-five percent limitation and agree to accept on a proportional basis one -hundred percent Of the costs of the improvements.' V E 5 NO PASSED BY IME COUNCIL Of IME Cli or KENAI. LASKA this Sth day or April, IWO—n-ard—W. Holston, mayor ATIESTs -jWXst Whelan, City Clock i v Kf %A j till ( ...\. ,. rage (ouhr l l ad'. as l.u..r la..- iOr Ire if 4eranuin-ret lot. fur keeq) of tun M 1.+1 I'll tl a Apr I I ZrJ, t441 s..t Inq C+6 Mesuluilun a1-42 - "upporting [gnrept of a Sr.ellered mark" hup ar.n t l.lry 4vafl ►rl I ar l l It y for Mannlcspped In Central •er..avula Area and Yeyu►st for Ieglalei awe Iundifq ' Ma110%: Councilwoman Glsrk moved, aeronded by Councilean Wagoner, tri " adopt the resolution. ' a PUBLIC COMM1lt11 I. Jack Brown. Ins prteary purpose of this as to pro.&aa service. It would employ 60 people and supply a place for ;i ,. ;;;:'• ��=.'<^ 12 people. Perents ha.w f.-ught for years for this. the .1L•. •�'.-_�, ecnool system does a good Job to age 21. then there I• nothing. Inert ere 200 clients in -the Peninsula area. Some have parents to their 70's who cannot take care of the handicapped. tnis is necessary and they have had a lot of support. A lot of people were not aware of the need. Ines ;....-.: are try►nq to be Self-supporting. Income sources will case from a greenhouse program. the persons themselves and donations. Councilman %&loner asked, who IS People Clur.t, �•; is it non-profit" Mr. brown replied, yes they are. MeaDtr� of the Board of Oirectors are himself. Judy Walgenbecrr, Loretta Brown, Ken Cartoon and Al Willis. ':;•`r'=r. Notion passed by unanimous consent. „.. C-7 Resolution 81-41 - Establishing Regulations, Rental Rates and Cleaning Osposit 4sownts for Main Room and Kitchen of fOtt Renay Councilwoman Glick moved. sacond*d by Councilmen Wagoner. to adopt the resolution. 114011011, Amendments Councilmen Wagoner moved, seconded by Councilwoman Glick, to *send the resolution by deleting Section 4 and addings Section 4I Under no circumstances shall there be served on the premises of fort Kandy any alcoholic beverage*, and all rents. Easev and deposits must be paid in advance of renting the facilities at fort Keney. Deposits will be returned to the ranter by mall following return of the Issued key . provided the fort 10 left in an orderly state and provided that no provision of this resolution has been violated as may be dal*rminod by the Senior Citizens director. City Manager Brighton noted there was Some objection to the excepting of alcoholic beverage. Councilwoman Glick sold fort Keney has been wood from time to time for wedding t eCaptions and at that tise alcoholic beverages were served, will Mks except that? Mr. Brighton replied. unless they Cosa back to Council. He explained the reason he put thiw _ on 1s becauae the only time we have a problem 1s .non alcohol is served. A i r -Mhii•.. _ .', �.. .�„ 'l:.�y iL.iaM:;f.,+� •r..:.ti �.�f::4. .wl t•;. +r.N yl.! ..ilk 91 V I % A I mitt rosNl-tl A$•::I1 r., t')rt 1 p.1/1r t opal An a•I •)r •is ml•nl d10r sl•1. Ally. Nuy.•r , r.pls lr.«•„ il.« (IIMrt«r r•I/unyr wnlsld lily• 11.1 -1 r'rrl II014ty pnwrrl lot 111)iug up In 11,11.. Mf'1. f.11yla• suglirslpo 1pA.Ir•y II— 'lS: 1Atr it. wall pill All /ll llrr paralgraph Ira thr LIIAtl 1•r tl)r drypl.lp!r'a. 2. Waldo Cuylp. Mhpn thr 25. 11aItutlfor w. put In. 11 wars If) fort -vent %use, ambit►nus Council putting In more than thr pruple could •land. (here hors to be a ItmilatInn. Atty. kngrr) e.plained the limitation puts the burden nn thns! that runt the imprnvemenlu. I. Jackie Russell. If this floes on the ballot. it will be detested. Mrs. Coyle's auygwstion will be better received. this will be misunderstood by the public.. 4. Dick Mueller. A change of some sort needs to be made. It to not bad to **mesa 100% of the property. 100: of the Improvement asset be approved by 51% of the owners. Unless we ore sstiafied to be a suburb of Soldolne, we have to change something. City Manager Brighton explained Administration intent was, In order for the dwvwsoper to get money. this woe necessary. Also. If this was posseo, there would be restrictions by ordinance to eliminate the problems mentloeiad. He nugrl.,ated having the LID described as 100% of improvements. but 251. enuld remain for individuals where there were more nouop.n. Councilwoman Bsslie said the people need to know whet we are trying to do. 25r+ and 100: could actually be the some figure. I5% of the lot could be the some so 100: of the improvements. We will not necessarily be charging 100% of the lot. 100% would be paid back by the people developing the property. 5. Linda Munstermen. She had come to Council and asked them to do this, and she would pay for It. Because of the Charter, she could not. She suggested adding to the Charter if s person with 100: ownership and is willing to pay for it. MOTION, Amendments Councilwoman Glick sowed, seconded by Councilman Visa. to emend the resolution to road - In the propositionj delete the lost parlod, and add, 'except where all owners of effected or benefited properties valve 25: limitation and agree to accept on a proportional basis up to 100t of cost or Improvements." 6. Jese Hall 3r. With or without the limitation, we need a Change to gat homes built and get into growth of 1 subdivisions. Lots are becoming increasingly difficult to find. this would allow a developer to have 100% LID. A private Individual can finance any way, sometimes lower then the City can. this is an effective way to lower the front and costs. VOTE, Amendments Motion passed by unanimous consent. VOTE, Main Motion as A■endedi Motion paaued unantmoualy try roll tall volr. Nuticc or NLCONSIDfNA110Ni 9 y:.. .eft. f 4. KT NA I f i i r COUNC 11 APRII 20. ISU S Page 4 Councilawit Minr aeketl of the add ittone I Imnguagr could he underlined for Atic voters. Atty. Rogers replained he has out the entirw section as it would be in the Charter. If we put it In italics or underlined, it would not be neutral, and the City could be accused of preferring one over the other. He added the educational process should be by publicity. He asked Clerk Whelan about the voting record in the last special election. Clark Whelan said we had a great deal of publicity and had only 520 votes. (NOIEt (here were a total of 388 votes in the lost special election) Motion passed by unanimous consent. C-2 Resolution 93-44 - Transfer of funds - Award of Contract for Airport Fencing - $11,334 Councilman Wagoner asked that Council consider item C-3, Ordinance 93-46 first. Council agreed to the request. C-3 Resolution 83-46 - Award of Contract - Airport Security fencing to Alaska fence Co. - $17,497.70 MOTION. Remove from Tablet Councilman Wagoner moved, seconded by Councilman Ackerly, to remove the resolution from the table. Motion passed by unanimous consent. Councilman Wagoner sold he objected to the resolution. We should go out for re -bid. There should be additional work on specs and warranty. The last fence we put up did not stand up. We should not have to re -build every few years. Councilwoman Bailie asked, if the fence Peninsula fence put up fell down, was it not acceptable? Were they contacted? Public Works Director Kornelie replied. it was done a long time ago. he did not know. He added, a good portion that is down is not the part Council is discussing. Airport Manager Swalley said CH2H Hill rebuilt the portion of the fence that was down. The other portion pushed up out of the ground. finance Director Brown srplained, rAA will honor only the low bid. If we accept the high bid, they will not participate. ;Tl■ Merrill. Alaska Fence spoke. the fence was done In 1979 i by The fence Company, by his and his partner. They re -did '1250 ft., it is still standing. The fence that fell down ... was put up with concrete. Councilwoman Click asked, do we foresee receiving additional bids or will we have to change the specs so It will be a now bid? What are the legal ramifications of going to re -bid? What would be the response? Atty. Rogers replied the contract indicates the owner reserves the right to refuse any and all bids. He has no way of knowing If there would t+e any changes. If these are rejected he would hope Council would have specific reasons for rejecting. Councilman Wise said part of the 1979 fence is down. The area of fencing with concrete hoe frost heaves, concrete was specified in the contract. It is in wetlands areas. He asked what do the specs call for - driving or concrete? Engineer LaShot replied. the specs are for a driven job. He noted one year maintenance after the job is standard. He did not know of any fence down that does not have concrete. City Manager Brighton sstd he