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HomeMy WebLinkAbout1990-10-17 Council PacketKenai City Council Meeting Packet October 17, 1990 AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 171 1990 A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Certification of Election 4. Swearing In of Newly Elected Councilmembers 4. Agenda Approval 5. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) Carr-Gottstein Representative/Carr-Gottstein Lease C. PUBLIC HEARINGS 1. Ordinance No. 1401-90 - Increasing Estimated Revenues and Appropriations by $1,000,000 in the Sewer Treatment Plant Modifications - 1990 Capital Project Fund. 2. Ordinance No. 1402-90 - Increasing Estimated Revenues and Appropriations by $7,125 in the General Fund as a Result of a Library Grant. 3. Ordinance No. 1404-90 - Repealing Kenai Municipal Code Chapter 1.58 Entitled, "Advisory Economic Development Commission." 4. Resolution No. 90-57 - Confirming the Assessment Roll on the Fathom/Toyon District and Fixing Payment. 5. Resolution No. 90-58 - In Support of the Construction of an Educational Facility in the City of Kenai and the Reservation of Ten Acres of Airport Lands for That Purpose. -1- D. 6. Resolution No. 90-59 - Transferring $10,885 in the General Fund for Purchase of a Heavy -Duty Multi -Purpose Truck. 7. Resolution No. 90-60 - Awarding the Bid for "Three Heavy -Duty Dump Truck Bodies" to Bob's Services for a Total Amount of $22,500.00. 8. Resolution No. 90-61 - Awarding a Contract for Architect/Engineering Design on the Project Entitled, "Kenai Congregate Housing Facility" to Livingston Slone for the Not -To -Exceed Amount of $226,000. 9. Resolution No. 90-62 - Declaring Additional Equipment, Supplies, and Materials Surplus or Obsolete. 10. Resolution No. 90-63 - Awarding the Bid for a "Heavy - Duty Multi -Purpose Truck" to Trailer Craft for a Total Amount of $130,885.00, which Includes the Basic Bid of $137,585.00 and Deductive Alternate No. 1,-$6,700.00. 11. Resolution No. 90-64 - Indemnifying Police Officers David Hoffman and Jesse Rouse for Any Damages in the Case of Kenneth W. Cole v. Nathan A. Callahan, David Hoffman and Jesse Rouse, Superior Court Case No. A86- 323 CI. '4� rl0 -ow 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 October 3, 1990. F. CORRESPONDENCE G. OLD BUSINESS -2- H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1405-90 - Amending KMC 11.05.010 and KMC 11.05.030 to Correct Ambiguities Regarding the Procedures in Setting Regulations and Rates at the Harbor. 4. Discussion - National Recreation and Park Association/50 State Society 5. Discussion - Amending Kenai Municipal Code Regarding Water and Sewer/Payment on Unoccupied Residences and Residences not Hooked Up. 6. Discussion - Potential Plan for Ice Skating Rink (Creation of Investigating Committee) 7. Approval - Petition to Vacate Ten -Foot Utility Easement Within Easterly Boundary Tract A, Central Heights Fourth Addition, Plat No. 88-54 KRD. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT -3- MAYOR'S REPORT OCTOBER 17, 1990 COUNCIL MEETING CHANGES TO THE AGENDA REMOVE: B-1, Carr-Gottstein ADD: As C-12, Resolution No. 90-65 - In Support of the City of Kenai Hosting the 1991 Annual Conference of the Alaska Association of Harbormasters and Port Administrators, Inc. ADD: As I-1, Mayor's Report - 10/16/90 Kenai Peninsula Caucus memorandum regarding the Statement of Legislative Positions. As I-1, Mayor's Report - 10/16/90 Kenai Peninsula Caucus memorandum regarding Dues for the 1990/1991 Fiscal Year As I-11 Mayor's Report - Hospice Open House on November 2, 1990 from 7:00 p.m. to 9:00 p.m. at the Hospice Office in the Seaman Building, Kenai. As I-1, Mayor's Report - 10/12/90 Kenai Peninsula Borough letter regarding the Kenai Peninsula Borough 1991 Legislative Priority Book. CHANGES TO THE CONSENT AGENDA ADD: As H-8, *Games of Chance and Skill - Kenai Child Development Center, d/b/a Kenai Cooperative Preschool. MAYOR'S REPORT DISCUSSION 1. Appointment of new member to Planning & Zoning Commission to replace Art McComsey (applications on file are attached). Mr. Nick Miller declined the appointment due to conflict of interest. KENAI CITY COUNCIL MEETING Minutes of October 17, 1990 KENAI CITY HALL MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor John J. Williams called the meeting to order at approximately 74.00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Smalley, Swarner, Measles, Williams, O'Reilly. Absent was Councilwoman Monfor and Councilman Walker. A-3. CERTIFICATION OF ELECTION Mayor Williams read the Certification of Election as it appeared in the packet. MOTION: Councilman Smalley MOVED to certify the election results of the Regular Election of October 2, 1990 and Councilwoman O'Reilly SECONDED the motion. Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. A-4. SWEARING IN OF NEWLY ELECTED COUNCILMEMBERS Mayor Williams read a Proclamation to Councilwoman O'Reilly in honor of her work for the City of Kenai during her term as councilmember. Mayor Williams also presented Councilwoman O'Reilly with flowers and a plaque commemorating her tenure. Councilwoman O'Reilly stated that it had been her extreme pleasure to serve on the Kenai City Council and thanked all the people in the city administration for their help. Mayor Williams administered the Oath of Office to Linda Swarner and Art McComsey. Mayor Williams stated that another matter had come to their attention. He directed their attention to Timothy J. Rogers' letter of resignation, dated October 14, 1990, which was received prior to the meeting. (A copy of the letter was distributed to all council and administration prior to the meeting.) Mayor KENAI CITY COUNCIL MINUTES October 17, 1990 Page 2 Williams read the letter of resignation into the record. The resignation is to become effective October 31, 1990. Mayor Williams requested approval from Council. MOTION: Councilman Measles MOVED to accept the resignation of Attorney Timothy J. Rogers, effective October 31, 1990 and Councilman Walker SECONDED the motion. There were no objections. SO ORDERED. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: REMOVE: B-1, Carr Gottstein ADD: As C-12, Resolution No. 90-65, In Support of the City of Kenai Hosting the 1991 Annual Conference of the Alaska Association of Harbormasters and Port Administrators, Inc. As I-1, Kenai Peninsula Caucus information; Hospice Open House invitation; 10/12/90 KPB letter regarding the Kenai Peninsula Borough 1991 Legislative Priority Book. MOTION: Councilman Smalley MOVED for the approval of the amended agenda. There were no objections. SO ORDERED. A-6. CONSENT AGENDA Mayor Williams requested the following change to the Consent Agenda: ADD: As H-8, *Games of Chance and Skill - Kenai Child Development Center, d/b/a Kenai Cooperative Preschool. MOTION: #/ COUNCIL MEETING OF lP f /71.7o FOMM RI'm 9 IVA , � M �mj bMW m COUNCIL MEETING OF Fm-mm i COUNCIL MEETING OF /%/ If Eli- 1791-1991 CITY OF KENAI "Del G'djad l aj 4ia4d „ _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 October 15, 1990 Mayor John J. Williams P. O. Box 459 Kenai, Alaska 99611 Re: City Attorney Resignation It is with mixed emotions and some regrets that I resign as Kenai City Attorney effective October 31, 1990. Thank you for the opportunity to have served for the past eight years. /CITY OF KENAI imothly � J . Rogers City Attorney TJR:dc cc: Bill Brighton, Charles Brown, Carol L. Freas, Cary R. Graves, City Manager Finance Director City Clerk Deputy City Attorney 1791-1991 4-3 CITY OF KENA „Od Cafes 4 4iaa 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 CITY OF KENAI REGULAR ELECTION OF OCTOBER 2, 1990 WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the ballots for the Regular Election of October 2, 1990. FOR CITY COUNCIL: Linda Swarner 461 R. Barry Eldridge 330 Art McComsey 414 Write -In: 1 SPOILED BALLOTS: 10 ABSENTEE BALLOTS: 28 CHALLENGED BALLOTS: 16 TOTAL COUNTED VOTES: 1,206 ***************************************************************** John J. Williams, Mayor Christine Monfor, Councilmember Hal Smalley, Councilmember Kevin Walker, Councilmember Raymond Measles, Vice Mayor Marj O'Reilly, Councilmember Linda Swarner, Councilmember ATTEST: Date Carol L. Freas, City Clerk Suggested by: Administration City of Kenai ORDINANCE NO. 1401-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,000,000 IN THE SEWER TREATMENT PLANT MODIFICATIONS - 1990 CAPITAL PROJECT FUND. WHEREAS, the Public Works Department is proposing to make modifications to the sewer treatment plant, including construction of a disinfection facility, and WHEREAS, the State of Alaska, Department of Environmental Conservation has offered the City a $380,000 grant, and WHEREAS, the State of Alaska, Department of Administration has granted the City $562,100 for water and sewer improvements, of which $64,800 has already been appropriated, and WHEREAS, $39,561.38 remains from the 1974 refunding bond sale for water and sewer improvements, and WHEREAS, the remaining $83,138.62 may be appropriated from the water and sewer special revenue fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Water and Sewer Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance $ 83,138.62 Increase Appropriations: Sewer Treatment - Transfers 83,138.62 STP Modifications - 1990 Increase Estimated Revenues: State Grant - 1988 Water and Sewer $ 497,300.00 State Grant - D.E.C. 380,000.00 1974 Refunding Bonds 39,561.38 Transfer from Water and Sewer Fund 83.138.62 $1,000,000.00 Increase Appropriations: Administration $ 3,000.00 Inspection 80,000.00 Construction 917,000.00 1,000,000.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: October 3, 1990 Adopted: October 17, 1990 Effective: October 17, 1990 Approved by Finance (9/24/90) kl Suggested by: Administration City of Kenai ORDINANCE NO. 1402-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $7,125 IN THE GENERAL FUND AS A RESULT OF A LIBRARY GRANT. WHEREAS, the State of Alaska has awarded the City of Kenai a grant in the amount of $7,125 for library books. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Library Grants 7 125 Increase Appropriations: Library - Books 7 125 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: October 3, 1990 Adopted: October 17, 1990 Effective: October 17, 1990 Approved by Finance: 69 (9/25/90) kl c-a � - 5 Suggested by: Mayor Williams CITY OF KENAI ORDINANCE 1404-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPEALING KENAI MUNICIPAL CODE CHAPTER 1.58 ENTITLED "ADVISORY ECONOMIC DEVELOPMENT COMMISSION". WHEREAS, the efforts of the Advisory Economic Development Commission have been duplicative of the efforts of the Economic Development District; and WHEREAS, the City Council of the City of Kenai has determined that it is no longer in the best interest of the City to have an Advisory Economic Development Commission; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KENAI MUNICIPAL CODE TITLE 1, CHAPTER 58, entitled "Advisory Economic Development District" is hereby repealed in its entirety. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 1990. ATTEST: Carol L. Freas, City Clerk JOHN J. WILLIAMS, MAYOR First Reading: October 3, 1990 Second Reading: October 17, 1990 Effective Date: November 17, 1990 1791-1991 CITY OF KENAI od eapd4d 4 4ia"a _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: Council Members City of Kenai FROM: John J. Williams, Mayor City of Kenai DATE: September 26, 1990 RE: ECONOMIC DEVELOPMENT COMMISSION CITY OF KENAI As indicated to you in a previous meeting, I called a special meeting of the Economic Development Commission. The meeting was held on Thursday, September 20, 1990. Prior to the meeting, I sent a letter to all the Commission members, along with copies of all meeting minutes for the past several months. I asked each Commissioner to be present as the future of the Economic Development Commission would, in all likelihood, be decided that evening. I am sorry to say that only three of the remaining six members were present. Our discussion regarding the history and productivity of the Commission lasted about one and one-half hours. It was decided to sunset the Commission. I have enclosed for your review, the minutes of the September 20, 1990 meeting of the Economic Development Commission. One member of the Commission, Mr. Jim Elson, is a member of the Economic Development District (formed after our Commission). Therefore, Mr. Elson is still in a position to represent the City. I have included in this packet an ordinance to amend the Code and sunset the Commission. Thank you for your indulgence with regard to this matter. JJW/clf ECONOMIC DEVELOPMENT COMMISSION September 20, 1990 HEA Conference Room Mayor John Williams, Chairman 1. The meeting was not called to order because of the lack of a quorum, but discussion followed regarding the mission and future of the Commission. Commissioners present were: Elson, O'Reilly, and Belluomini. Ad Hoc member Mayor John Williams was also present and chaired the meeting. He informed the Commission of the resignation of Chairman Thomson and cited some possible reasons for it. Mayor Williams also informed the Commission of the pressure he is receiving from the City Council to sunset the Commission. A general discussion regarding this issue followed. Council feels lack of direction of the Commission and views its work as a duplication of effort with the Economic Development District. Elson felt with the Commission meeting once a month and with no administrative support, there is no way the Commission can do any market research to determine the types of businesses, industries, or new projects that need to be encouraged to develop within the community. He did not feel the Commission should just be a review board for the Council. Commissioner O'Reilly noted the Commission originated during an economic decline and gathered necessary data to assist the City in turning around that crisis. Commissioner O'Reilly suggested having a committee on an as -needed basis or blend the membership into other Commissions so that growth could still be encouraged. Commissioner Belluomini agreed that there appears to be duplication with EDD. Commissioner Elson related that small manufacturers are looking for places such as the Kenai area in which to re -locate. Discussion then followed regarding the need to market the small manufacturer by advertising in their various trade journals to entice the manufacturer to the Kenai area. This too may be something the EDD could do with monies pooled in from surrounding communities. With virtually all the big projects now behind the Commission, there was a general consensus to sunset the Commission and have Ad Hoc Committees when the need arises. The informal meeting then adjourned. Respectfully s mitted; Earl." Reed, Recording Secretary for the City of Kenai Suggested by: Administration City of Kenai RESOLUTION NO. 90-57 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA CONFIRMING THE ASSESSMENT ROLL ON THE FATHOM/TOYON DISTRICT AND FIXING PAYMENT. WHEREAS, a public hearing has been held on the final assessment roll for the Fathom/Toyon Paving Assessment District; and WHEREAS, Council finds that the assessment roll is proper. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1: The assessment roll attached to this Resolution is confirmed by the Council. Section 2: Assessments as identified on the assessment roll shall be levied against the properties in the Assessment District and are to be used to repay the general fund. Section 3: Payments shall be due in lump sum on or before December 31, 1990, without interest. Payments will be delinquent if not received by the City by January 31, 1991. Delinquent assessments will be charged a penalty of 10%, plus interest of 10% per year, computed until paid. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: C� (9/13/90) kl �-4 FATHOM/TOYON INTERSECTION DISTRICT FINAL ASSESSMENT ROLL -- SEPTEMBER 13, 1990 PAVING & RELATED ASSESSED 'L8GA1, bBSCRIPTION ESTIN. OF COST AT CCST A OWNER ADDRESS PARCEL 1 SUBDIVISION BLOCK LOT SQ. FT. TOTAL 100% 12% SMITH, OBORGE C. NECESSARY, MARK & ANITA MCCUNE, MICHAEL & KIM EHRHARDT, PETER .6 KATHLEEN - LOFSTEDT, VERNON CURTIS, DAVID & MARIETTA JOCHMAN, DAVID PORE, HANCY SHOUSE, NEIL & STERLACCI, FAITH BERG, ROBERT & OLGA COGBURN, GLEN & MIKOLAJBWSKI, DONNA O'REILLY, VINCENT & MARJORIB BOX 1625 1520 1521 BO% 1601 249 619 1607 BO% 1611 39d ReNA1; AK-- 99611 - -- FATHOM DR., KENAI, AK 99611 TOYON WAY, KENAI, AK 99611 TOYON WAY, KENAI, AK 99611 - 1616, KENAI, AK 99611 TOYON WAY, KENAI, AK 99611 SANTA YNEZ CT . -I SANTA BARBARA, CA�II03 1lTH AVENUE, FAIRBANKS, AK 99701 TOYON WAY, KENAI, AX 99611 1203, BARROW, AK 99723 - -- - -- -- TOYON WAY, KENAI, AK 99611 04113022- REDOUBT 04713023 REDOUBT 04714025 REDOUBT 04714028 REDOUBT 04715015 REDOUBT 04715016 REDOUBT D411501i`AEDOUBT 04715018 REDOUBT 04715015 REDOUBT 04115020-- REDOUBT 04715021 REDOUBT TERRACE TERRACE TERRACE TERRACE TERRACE TERRACE TERRACE TERRACE TERRACE TERRACE TERRACE SUBD.—32--10,588 SUED. 4 1 10,588 SUED., ADDN 5 4 53 9,364 SUBD.; ADDN 5-- 6 - I1--14,537 SUBD., ADDN 7 6 20 16,984 SUED,, ADDN 6 23F 7,500 SOBU. ADDN b-�3S-1 500-- SUED,, ADDN 6 23D 7,500 SUBD., ADDN 6 23C 7,500 SUBD.;-ADDN — & 23B 7,500 SUBD „ ADDN 6 23A 7,500 — 9.890% 9.890% 8,746% - 13.578% 15.864% 7.005% 7.105% 7.005% 7.005% --- 7.005% 7.005% 6,190.25 6,190.25 5,474.64 - 8,499.03 9,929.66 4,384.36 - 4,384.06 4,384.06 4,384.86 4,384.86 4,384.86 743 743 657 1'120 1,192 526 525 526 526 526 526 TOTALS — 6I— 11"001-62,592.99 -- 7,5I1 I .i N ' i � I �,5- Suggested by: Mayor Williams RESOLUTION NO. 90-58 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, IN SUPPORT OF THE CONSTRUCTION OF AN EDUCATIONAL FACILITY IN THE CITY OF KENAI AND THE RESERVATION OF TEN ACRES OF AIRPORT LANDS FOR THAT PURPOSE. WHEREAS, the City of Kenai is strategically located for an educational facility, and WHEREAS, the City of Kenai owns airport lands suitable for an educational facility, and WHEREAS, this type of facility would not be detrimental to the environment of either the City of Kenai or its airport. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF KENAI, that they support the construction of an educational facility in the City of Kenai and the reservation of ten acres of City airport lands for that purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol Freas, City Clerk /kh Suggested by: Public Works City of Kenai RESOLUTION NO. 90-59 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $10,885 IN THE GENERAL FUND FOR PURCHASE OF A HEAVY DUTY MULTI -PURPOSE TRUCK. WHEREAS, the City Council budgeted $120,000 in the Street Department to purchase a multi -purpose truck; and WHEREAS, the only bid for the truck was for $130,885; and WHEREAS, the City Council budgeted $300,000 to be set aside for an equipment replacement reserve, which could be drawn on for the extra cost of the truck. 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 - Equipment Replacement Reserve $10,885 TO: Streets - Machinery and Equipment $10,885 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance (10/12/90) kl BID SPECIFICATIONS - ISSUE LIST BID FOR: Heavy Duty Multi -Purpose Truck SPEC. NAME, ADDRESS, NUMBER CONTACT PERSON e— f h r)orn-PI f.5 (Z�Cocl 1� � CLNne-� }orGc: Va), c8-z ) 3o 1 -po' + actc! n (Y_I 1 C'n c. ern C; �CCc4 Kc,s��= f i C.0 C! BID DATE: October 11, 1990 TIME: 2:00 p.m. PLACE: City of Kenai, City Hall PHONE & FAX DATE ISSUED Q a�q�g5� i q-av-�co LC ADDENDUM ISSUED BID SPECIFICATIONS - ISSUE LIST BID FOR: Heavy Duty Multi -Purpose Truck BID DATE: October 11, 1990 TIME: 2.00 p.m. PLACE: City of Kenai, City Hall SPEC. NAME, ADDRESS-, PHONE & NUMBER CONTACT PERSON FAX -I"rCs b_jr_ Crc r jCo3 � 3 I Cam 12 CAI"C_�Cnr_Lf�2 I-7oa s 13 }duct.r, , 65x GE50 FdCgJyrc'_ C a_" c rG + ►Oa1�1�/ �,,� ►-tom X2n cti G G�o i 1 re��a1� L Loci l(to( Iq DATE ISSUED ADDENDUM ISSUED BID SPECIFICATIONS - ISSUE LIST BID FOR: Heavy Duty Multi -Purpose BID DATE: October 11, 1990 SPEC. NUMBER Truck NAME, ADDRESS-, 7 CONTACT PERSON TrG-_� Crc , �-- nc� 1�5v E. � 'pica . Q,Al e_X\ (a 6 Get -7oa s xe �x G� �c�c9�nc� qq Cr c rC' '+ } oa 66 y 3ci L'-'E' c �rj o �na 4z In ► 0 4(tcj� TIME: 2:00 p.m. PLACE: _City of Kenai, City Hall PHONE & DATE ADDENDUM FAX ISSUED ISSUED 5(0 3 -3(03 I acpa 0S13 cc aa -5y� BID SPECIFICATIONS - ISSUE LIST BID FOR: Heavy Duty Multi -Purpose SPEC. NUMBER Truck NAME, ADDRESS, CONTACT PERSON eiTh noon -el t5 �, W ( sec 4zfN r- �Ob5f?fUe C_1Z)Dq UAK-Ye r C 1301 ?Cl__+ �aacj I� r CA I Cn (Zoo 5Rom_ cb- cf "l Cc_ qr Cl q S W(-A-Y�'�JeZ�+ �1'�aLK.I':T_ . C?000 It BID DATE: October 11, 1990 TIME: 2:00 i.m. PLACE: City of Kenai. City Hall PHONE & FAX DATE ISSUED - (cc-96 C(-"z).CIO �-7 rr0 d��K_q 0 115'3 -.go - to ADDENDUM ISSUED Suggested by: Administration CITY OF KENAI RESOLUTION NO. 90-60 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR "THREE HEAVY DUTY DUMP TRUCK BODIES" TO BOB'S SERVICES FOR A TOTAL AMOUNT OF $22,500.00. WHEREAS, the City of Kenai received the following bids for the above mentioned Dump Truck Bodies on October 11, 1990 BIDDER AMOUNT EACH TOTAL Bob's Services $ 7,500.00 ea. x 3 = $22,500.00 TrailerCraft, Inc. $ 9,379.00 ea. x 3 = $28,137.00 WHEREAS, Bob's Services' bid meets the bidding specifications, and WHEREAS, sufficient funds are available, and WHEREAS, the Council of the City of Kenai has determined that awarding this contract to Bob's Services for the total amount of $22,500.00 is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Three Heavy Duty Dump Truck Bodies be awarded to Bobs's Services for the total amount of $22,500.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Written by Public Works: /kv 10/11/90 Suggested by: Public Works CITY OF KENAI RESOLUTION NO. 90-61 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR ARCHITECT/ENGINEERING DESIGN ON THE PROJECT ENTITLED KENAI CONGREGATE HOUSING FACILITY TO LIVINGSTON SLONE FOR THE NOT - TO -EXCEED AMOUNT OF $226,000. WHEREAS, the following architectural firms submitted proposals on October 1, 1990 for the above referenced project: ECI Hyer Little Susitna Architects Porath Architects Greatland Architects 6kvt*^ Cash, Barner, Usher ,T,w Spreng Associates Livingston Slone - Kluge & Associates WHEREAS, the City of Kenai has received a grant to help fund this project, and WHEREAS, the recommendation from the Kenai Congregate Housing Design Committee and the Public Works Department is to award the contract to Livingston Slone, and WHEREAS, the Council of the City of Kenai has determined that award to this firm would be in the best interest of the City, and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the Architect/Engineering Design of the project entitled Kenai Congregate Housing Facility be awarded to Livingston Slone for the not -to -exceed amount of $226,000. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th of October, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: CAROL L. FREAS, CITY CLERK Approved by Finance: Written by Public Works: /kv 10/11/90 1791-1991 CITY OF KENAI eapd-a� 4 44"� 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 TO: William J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: October 12, 1990 SUBJECT: Kenai Congregate Housing Facility - A/E Selection FOR: Council meeting of October 17, 1990 The first thing I want to say is how great it is to be working with the Congregate Housing Design Committee. They are one of the hardest working committees the City has. This committee started working on August 20, 1990 and has met every week since then. They always have more than a quorum at their meetings and usually had others attend such as other seniors, building suppliers and contractors. This committee did a very thorough and detailed evaluation of all eight A/E written proposals. All of the members appeared to be fully prepared for each meeting. Herb Wilborg, Chairman, did an excellent job of getting everyone's participation. Everyone not only participated, but enjoyed participating, another indication that they read the material and were prepared. I understand that members for this committee were not only sought out but also advertized for. THE MAYOR AND COUNCIL DID AN EXCELLENT JOB OF CHOOSING AND APPOINTING THIS COMMITTEE. The following dates were goals that were set and met by the committee and also reveals the procedure used in selection of the recommended architectural firm. Page 2 Aug. 20 Aug. 27 - Oct. 1 First meeting - the committee organized, elected Herb Wilborg Chairman, and set their direction Develop procedures, set goals, and prepare for questions and methods for evaluations. Oct. 1 Public Works receives A/E firms proposals. Oct. 2 All committee members receive a copy of each A/E proposal (a total of 8 proposals) along with attachment A which consists of a recap of the requests for proposals (R.F.P.) (pages A-1 to A-3), an evaluation form for each firm (page A-4) and a spread sheet evaluation form for comparing all the firms (page A-5). Oct. 4 Discussion of each A/E proposal and work on questions to ask the firms to be interviewed. Oct. 9 Evaluation of A/E proposal in detail including comparing each firm to others using evaluation spread sheet. (A-5). Committee decided to interview ECI Hyer, Spreng Associates, and Livingston Slone. See minutes of meeting (B-1). Completed committees suggested questions to ask A/E firms being interviewed. Oct. 11 Committee met with Livingston Slone, ECI Hyer, and Spreng Associates for over 2 hours each. The interviews went very well. Attachment C-1 to C-10 was given to each A/E firm 15 minutes before their presentation. All committee members had copies to fill in for each A/E firm plus the final evaluation forms C-11 and C-12. Oct. 12 Committee members met for final evaluation. Each member comments on each A/E proposal. Discussion about reference checks takes place. Pros and cons about each firm is freely given. Secret ballots were taken and counted by non- voting member Councilwoman Linda Swarner. Page 3 The Kenai Congregate Housing Design Committee recommends award to: LIVINGSTON SLONE Principal in charge: Administrative Principal: Project Architect: Project Designer: Intern: Thomas Livingston, AIA Donald E. Slone, PE R. Duncan Kirst, AIA Thor Evenson Clark Yerrington SUBCONSULTANTS: _Civil, Structural & Geotechnical Engr., Survev Wince, Corthell, Bryson Mechanical & Electrical Engr. Fryer/Pressley Engr. Inc. COST ESTIMATING HMS, Inc. KK/kv 1791-1991 CITY OF KENAI "O,rl G2apdal 4 4ia"a" _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 MEMORANDUM TO: Congregate Housing Committee FROM: Keith Kornelis, Public Works Director DATE: October 1, 1990 Below is a recap of the first three (3) pages of the City of Kenai Request for Proposals (RFP's) on the Kenai Congregate Housing Facility. Please take special note of what each Architect/Engineer (A/E) consultant is to have in their proposal which is listed as "PROPOSAL CONTENT". We had eight (8) firms submit proposals. The last sheet is the form that we will use to evaluate the written proposals. Please carefully read through all proposals and rate them fairly in each category on a 1 to 10 basis with 1 being the lowest possible and 10 the highest possible. The next meeting is Thursday, October 4, 1990, at 10:00 a.m. KENAI CONGREGATE HOUSING FACILITY The City of Kenai is seeking Proposals for professional architectural/engineering services on the project entitled: KENAI CONGREGATE HOUSING FACILITY Interested firms are asked to submit twelve (12) copies of their proposal. Specific information would as a minimum include: specialized experience, individual work assignments, project approach, project scope, project schedule, and not -to -exceed figures. It is not necessary to provide expensive to print proposals. Simple staple bound copies are sufficient. A copy of each firm's proposal will go to each of the City of Kenai's Congregate Housing Design Committee with the remaining copies retained by the City Administration. The Congregate Housing Design Committee and Public Works Administration will make a recommendation to the City Council. The firm will be chosen by a resolution passed by the complete City Council. DEADLINE FOR SUBMITTING PROPOSALS The deadline for submitting proposals is October 1, 1990 at 5:00 P.M., local time. Please submit your proposals in a sealed FA09 law (W E-- envelope marked in the lower left-hand corner with "Kenai Congregate Housing Facility". All of the proposals will remain in their sealed envelopes until this time. This is a competitive proposal for professional services. We prefer to keep all the firms on an equal basis to prevent any influence that a proposal may have on others if opened earlier. PROPOSAL CONTENT Include information for each of the following items organized in a logical manner for the Congregate Housing Design Committee to make a proper evaluation. 1. The firm's specialized experience in the type of work required. Include a record of the firm in accomplishing work on other similar projects and how those projects turned out. Include items such as final costs versus original budget, cost overruns/underruns, change orders, and time extensions. 2. List the qualifications and experience of the individuals who are going to actually perform the work on this project. Include the complete resumes of the individuals that your firm is going to assign to the project if awarded. Include a list of subconsultants who may work on this project. 3. Give the geographical location or locations where the work on this project will be performed. Also include information to indicate your firm's knowledge of our local situation. 4. Give an explanation of how your firm will approach this project and how this project would fit into your firm's list of priorities in your current workload. 5. Give your firm's proposed work schedule showing major items to be accomplished and dates you will accomplish them. Give a manpower allocation to each work task for each project. 6. Give the rates at which your firm proposes to perform the services with a not -to -exceed figure for the project as a whole with a breakdown to show the expense and effort needed for each work task showing how the total figure was arrived at. The Council of the City of Kenai may which has the lowest rates and lowest is considered a competitive proposal factors being considered. All of considered in the selection. ERRORS AND OMISSIONS INSURANCE or may not choose the firm not -to -exceed figures. This and price is only one of the the above factors will be Errors and Omissions Insurance will be provided in the amount of $250,000 minimum. ATTACHNUff PAQ1K a ..Of�_ PROJECT HISTORY The State of Alaska, in the 1986 legislative session appropriated funds to the City of Kenai for a feasibility study for use in the planning and development of an independent senior living program. The enclosed "Feasibility Study and Schematic Design for a Congregate Housing Facility for the City of Kenai, Alaska" represents the results of that finding. This study shall be used as the basis for the eventual design and planning of the new facility. Therefore, architect/engineering consultants should prepare their design services proposals in line with the schematic design and other information presented in the study, however, keep in mind that the study is only a basis to start design. The 1989/90 State legislative session appropriated $3,800,000 for the Kenai Congregate Housing Facility. This is not sufficient funds for the 40 unit facility that the study suggested building. BASIC SERVICES Please review the attached sample contract entitled: "Agreement Between Owner and Architect". If your firm is selected, you would be asked to enter into a similar agreement with the City of Kenai to furnish all services outlined in the "Basic Services" section of the contract except for the "Construction Phase - Administration of the Construction Contract". Construction administration and field inspection will not be included in the proposal due to unknown project size, at this time. SCOPE OF WORK It is the City of Kenai's intention to have the 40 unit Congregate Housing Facility fully designed. Since the funding is not presently available to fully fund the project the City would like to have a basic bid for 30 units with an additive alternate for 10 additional units. It is possible that before the project is awarded additional funds will be appropriated which will allow us to build the entire 40 unit facility. Time and effort should be budgeted in the consultants proposal to perform a complete review of the Congregate Housing Study and schematic design and to'meet with the Congregate Housing Design Committee, City of Kenai Administration, and others as necessary to fully evaluate the existing schematics and make changes where needed. The printing costs of 100 sets of the final plans and specifications will be included in the proposal. TENTATIVE SCHEDULE Complete preliminary plans and cost estimates 60 days Complete final plans, specifications and cost estimates in bid ready form 180 days ATTAiCMHINT RENAI CONGREGATE HOUSING FACILITY ARCHITECT/ENGINEERING EVALUATION BASED ON WRITTEN PROPOSAL A/E FIRM: 1 PROPOSAL BY: 1. FIRM'S EXPERIENCE: SIMILAR PROJECTS: 2. ASSIGNED STAFF QUALIFICATIONS: ARCHITECT: MECHANICAL: ELECTRICAL: STRUCTURAL: ESTIMATING: 3. GEOGRAPHICAL LOCATION: r NUMBER OF SITE VISITS: 4. PROJECT APPROACH: S. WORK SCHEDULE: 6. RATES & NOT -TO -EXCEED FI Continue on back side WBS : ATTACHMENT PAGE / E FIRM CI HYER KENAI CONGREGATE HOUSING FACILITY ARCHITECT/ENGINEERING EVALUATION BASED ON WRITTEN PROPOSAL ASSIGNED RATES & FIRM'S STAFF GEOGRAPHICAL PROJECT WORK NOT -TO -EXCEED TOTAL EXPERIENCE QUALIFICATIONS LOCATION APPROACH SCHEDULE FIGURES SCORE ITTLE SUSITNA RCHITECTS ORATH RCHITECTS REATLAND RCHITECTS ASH, BARNER, SHER PRENG ASSOC. IVINGSTON 'OAN HUGE & 3SOCIATES CONGREGATE HOUSING DESIGN COMMITTEE October 9, 1990 Kenai Senior Center Those present at this meeting were Committee Members Herbert Wilborg, Carole Geordge, Betty Warren, Rosemary Wiese and Sylvia Johnson. Also in attendance were Senior Director Pat Porter, Council Member Linda Swarner, Public Works Director Keith Kornelis and several other interested citizens. This meeting was called in order to review the eight architectural proposals that were submitted for the congregate housing project. Those that submitted proposals were Little Susitna Architects; Porath Architects; Greatland Architects; Cash, Barner, and Usher; Kluge and Associates; Spreng Associates; ECI Hyer; and Livingston Sloan. Prior to the meeting, each committee member had been given a copy of each architect's proposal along with a rating sheet covering such subjects as project approach, experience, work schedules and staff qualifications. Each proposal was discussed in length and the ratings were evaluated. Following the discussion, three architectural firms were chosen to be interviewed. Public Works Director Kornelis will contact ECI Hyer, Spreng Associates, and Livingston Sloan to set up interviews with them on either October loth, llth or 12th. There will be a meeting on Friday, October 12th to make the final choice. Before the interviews, Public Works Director Kornelis will contact some of their references and a questionnaire has been made as to some of the questions to be asked during the interviews. The meeting was adjourned at 11:00 a.m. ,�,*daw7cl- CPACG��A,HMENTIR ......OF.._,,.L,,,,,,, DESIGN COMMITTEE KENAI CONGREGATE HOUSING FACILITY ARCHITECT/ENGINEERING FINAL EVALUATION 10/11/90 INTERVIEWS DESIGN COMMITTEE 10:00 a.m. LIVINGSTON SLONE 1:00 p.m. ECl/HYER 3:00 p.m. SPRENG ASSOCIATES Herbert Wilborg (Chair) Kathy Gardner Carole Geordge Betty Warren Sylvia M. Johnson Martha Bethe Guy Moore Rosemary Wiese TENTATIVE SCHEDULE 15 Minutes Review Final Evaluation Packet 30 Minutes A/E Presentation 30 Minutes Questions & Answers 30 Minutes Final Closing Comments The Public Works Director will be giving this packet to each A/E Firm 15 minutes before their presentation is to start. Please DO NOT let anyone else see this packet until after 3:00 p.m. and the last interview has started. We want everyone to be on an equal basis for evaluation. ATTACNMElIT •AGE. OF_.. 2,,.,., Interview Ouestions 1. The Congregate Housing Committee is a very active committee that will want to get very involved into the functional aspects of design including material and equipment selections and floor plan layout. How do you feel about that and what is your experience in working with a design committee made up of lay people like this one? How receptive can you be to requests for changes? 2. Your firm is from Anchorage and our committee is from Kenai. The committee wants to help make this a great facility. How do you plan on including us in this project? How many site visits or meetings with this group are planned and if more are needed is there time in your schedule and money in your budget? 1 ATTACHMENT "AGE. A,._ OF 3. Who will be doing what for your firm and what specifically will they do? Who is to be the Cities contact or who will be making the site visits or meetings with the committee? - 4. Your firm has had a lot of experience in designing elderly housing and nursing homes. Please tell us about these projects and tell us what changes you would make for this project. What did you learn from your experience in designing these other projects that might help in this project? 2 ATTACHMENT :'AGE_=_ OF, , a . 5. Elderly housing requires some special design considerations. Please tell us some of these special things that you know of. 6. Since your firm has a lot of expertise on design of elderly housing please tell us how other elderly housing units were handled or how you would handle: A. Kind of doors for hallways and interior - wood, vinyl, metal - solid or hollow? B. How to heat and ventilate the building - where to place thermostats? C. What type of heat would you provide in the bathrooms? D. What kind of acoustics or sound proofing would you suggest and where in the apartments? E. Exterior Windows - wood, metal, or vinyl frames? Tinted? opening type? Sills? Bay? High performance or low E glass? egress? 3 ATTACHMENT c� ;'AOE,... OR—.� -- F. Bathrooms - door, shower vs. bath, grab bars, toilet, anti -scald device, flooring, cabinets, medicine cabinets? G. Security - call buttons needed, yes/no? Where call to? Fire and burglar alarms, sprinklers, door locks & handles, card keys? H. Washer & Dryers - Stack units? In each unit or number needed? I. Appliances - stoves, garbage disposal, refrigerators & freezers, compactors, dishwashers, microwave ovens, sinks? J. Cabinets, closets - walk-in/full length, shelves, cupboards, storage space, built in book shelves? K. Electrical outlets, lighting indoors and outdoors, overhead lights, outlets with switch, fluorescent or incandescent lighting? L. Special areas such as beauty salon, janitors room, game room, laundry room, fireplace, jacuzzi, others? Needed or not? M. Interior design - colors, paintings, pictures? N. Flooring - vinyl, carpet, tile, rock, other? O. Is emergency generator needed? 4 ATTACHMENT < c� '',AOE,..�. OF a P. What special items are needed for our climate? Head bolt plug ins, arctic entries, insulation R value, ice & snow removal? Q. Is an elevator needed? Size/number? R. Should we have mini blinds, drapes, window coverings? S. Mailboxes, where/type? T. Types of special handicap items that need to be included? 5 ATTACHMENT : -AGEOF-.' CONGREGATE HOUSING DESIGN COMMITTEE Things vaguely discussed 1 Install windows with turn handles instead of pull s 2. Easy to clean windows. 3. Access to l owe r counters In the k i tchen . 4. Mail boxes located in the i nta r i o r of tha building. 5. Large windows. 6. Large window sills 7. Lots of closet space. 8_ Stack washer and dryer system in each unit_ 9. Oven r head l i ght i n g 10. Two thermostats unit--., one -Far the main area and one for -the bed room. 11_ Heat in the bathroom. 12. Small beauty shop area 13. Dimmer switches in the hallways.. 14. Install same units with shcowe►rs and some with baths, 15. Cove red parking 1 6. Charge extra -Pea i -F tenants wish to plug in vehicle. 17. Walk in showers. 18. Security in the building. 19. Call buttons in the bedroom and bath room . ATTACHMENT 20. Design bedroom with enough room to walk around two twin beds easily_ 21. Wa l k- i n closets should have drawers built in units_ 22. Card keys 23. Two shelves in each closet, located ova r the hangers. 24 . M i r ro rs an the closet doors . 25. Medicine cabinet in the bathroom. 26. Hinged doors on the closets. 27. Space batwean the cupboards and the ceiling should be3 -Fi l led in, either with sliding doors or blocked off . 28_ All corner cupboards should be i nstal l ad with lazy susans . 23- Adjustable shelves in the kitchens. 30 _ Ceiling lights in the bed r-c�ams , as wall as kitchen and dining. 3 1 . Nc> na r row shelves o r drawers. r ATTACHMENT C ASSESSING AND THE PHYSICAL RENOVATING STRUCTURE Leonard Rickman, a research analyst with the National Association of Homebuilders' National Research Center, has conducted extensive research to assess the housing needs of senior citizens. Additionally, the National Association of Homebuilders actively encourages builders and renovators to learn about and enter the growing market for architectural modifications of senior housing. According to Rickman, more than 70% of the senior population segment lives in detached homes; consequently, emphasis has been placed on adapting single family homes to the needs of the elderly. However, most of the checkpoints on the Association's "audit" form will help builders assess a multi -family housing facility's possibilities. Some of the specific modifications being researched and recommended by the As- sociation are: • Protecting the main entrance from the elements; • Eliminating raised door thresholds for easier access; • Improving outdoor lighting, and installing an emergency camera system if financially feasible; • Installing an intercom to be monitored by residents, a guard or a resident manager; • Constructing ramps as an access alternative; • Widening (32"-34") doorways (offset hinges allow doors to open all the way); • Replacing inside door handles with lever or push types, and limiting door pressure to 8 lbs. maximum; • For the kitchen, installing the following: • • adjustable counters, • • double -sided sinks, • • Lazy Susans and pull-out cutting boards, • • low shelving with clear doors, • • ovens with pull-out drawers for hot items, • • side -by -side refrigerator/freezer, • • garbage disposal, • • microwave oven; ATTACHMENT 4,0 5 �•� 1AOB._.9._ OF... 9 CPlacing electrical outlets and switches at reachable levels; • For bathrooms, installing the following: • • doors that open out or slide on two tracks, • • grab bars that support 250-350 lbs. of force and are 3- 4" maximum in width, • • folding shower seats, • • bathtubs with 48" minimum of access space, • • higher or adjustable toilets with grab bars, • • handheld shower sprays, • • anti -scald devices that keep water from getting too hot; • Using non -glare lighting, especially in work areas; • Installing non -slip flooring such as rubber or cork tile or low pile, indoor -outdoor carpet. Detailed, objective information about available products, cross-referenced by medical problem, is available from Able Data (1-800-344-5405). After the physical structure has been evaluated, the next step is to determine what outside resources will be available to the residents —meal services, transportation, health and hygiene care, and social programs. ATTACHMENT /E FIRM IVINGSTON LONE 10:00 am CI HYER 1:00 pm PRENG ASSOC. 3:00 pm KENAI CONGREGATE HOUSING FACILITY ARCHITECT/ENGINEERING FINAL EVALUATION ASSIGNED RATES & FIRM'S STAFF GEOGRAPHICAL PROJECT WORK NOT -TO -EXCEED TOTAL EXPERIENCE QUALIFICATIONS LOCATION APPROACH SCHEDULE FIGURES SCORE October 11, 1990 @ 10:00 a.m. KENAI CONGREGATE HOUSING FACILITY ARCHITECT/ENGINEERING FINAL EVALUATION PROPOSAL BY: 1. FIRM'S EXPERIENCE: SIMILAR PROJECTS: 2. ASSIGNED STAFF QUALIFICATIONS: ARCHITECT: MECHANICAL: ELECTRICAL: STRUCTURAL: ESTIMATING: 3. GEOGRAPHICAL LOCATION: NUMBER OF SITE VISITS: 4. PROJECT APPROACH: 5. WORK SCHEDULE: WTAOHMENT `AQE a OF- 6- RATES & NOT -TO -EXCEED FIGURES: C-y Suggested by: Administration CITY OF KENAI RESOLUTION NO. 90-62 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING THE FOLLOWING ADDITIONAL EQUIPMENT, SUPPLIES, AND MATERIALS SURPLUS OR OBSOLETE. WHEREAS, the pieces of equipment, supplies, and materials listed on Attachment A are no longer needed by the City of Kenai, and WHEREAS, the exact date of the auction will depend on the time needed for advertising and the City Administration will then set the date of auction on an appropriate Saturday, and WHEREAS, a public outcry auction is a reasonable and acceptable means of disposal, and WHEREAS, Sally's Auction Company has been designated to handle the auction under the terms negotiated by the Administration, and WHEREAS, the terms of the purchase through this auction are: 1. Bidder must pay 100% immediately for anything under $100. 2. A minimum of 10% deposit must be paid immediately on items over $100. 3. Before Title transfer or removal, the item must be 100% paid for. 4. Items must be removed, at purchaser's expense, from the City yard by 4:30 p.m. on the Friday following the auction. The deposit will be forfeited and the item's ownership will remain with the City if it is not removed by this time. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the items listed on Attachment A be declared surplus or obsolete and available to sell at an outcry public auction. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of October, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Written by Public Works: /kv 10/12/90 AUCTION LIST - 1990 (ADDITIONAL ITEMS) THE CITY OF KENAI IS SELLING THE FOLLOWING ITEMS AS IS, WITH ALL FAULTS, AND MARES NO GUARANTEES OR WARRANTEES, EXPRESS OR IMPLIED WHATSOEVER. DEPARTMENT QUANTITY REC. CENTER 1 POLICE MISCELLANEOUS POLICE MISCELLANEOUS POLICE MISCELLANEOUS POLICE MISCELLANEOUS POLICE 2 POLICE MISCELLANEOUS BUILDING 13' x 14' DESCRIPTION BURROUGHS COMPUTER W/PRINTER AND MISCELLANEOUS SOFTWARE BICYCLES GAS CANS BUCKETS "OLD" STEREO EQUIPMENT TOOL BOXES JEWELRY CARPETING erg f 14 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 90-63 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR "HEAVY DUTY MULTI -PURPOSE TRUCK" TO TRAILER CRAFT FOR A TOTAL AMOUNT OF $130,885.00, WHICH INCLUDES THE BASIC BID OF $137,585.00 AND DEDUCTIVE ALTERNATE NO. 1,-$6,700.00. WHEREAS, the City of Kenai received bids for the above mentioned Heavy Duty Multi -Purpose Truck on October 11, 1990 and Trailer Craft was the only bidder, and WHEREAS, the Basic Bid includes the truck, dump truck body, watertanker, belly blade, and hardware for mounting snow plow, and WHEREAS, Deductive Alternate No. 1 is the deletion of the Dump Truck Body and it is recommended to approve of this deduction, and WHEREAS, Trailer Craft's bid meets the bidding specifications, and WHEREAS, sufficient funds are available, and WHEREAS, the Council of the City of Kenai has determined that awarding this contract to Trailer Craft for the total amount of $130,885.00 is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for a Heavy Duty Multi -Purpose Truck be awarded to Trailer Craft for the total amount of $130,885.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: 4 Written by Public Works: /kv 10/11/90 Suggested by: Legal Department - CITY OF KENAI RESOLUTION NO. 90-64 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INDEMNIFYING POLICE OFFICERS DAVID HOFFMAN AND JESS ROUSE FOR ANY DAMAGES IN THE CASE OF KENNETH W. COLE V. NATHAN A. CALLAHAN, DAVID HOFFMAN and JESS ROUSE, SUPERIOR COURT CASE NO. A86-323 CI. WHEREAS, David Hoffman and Jess Rouse have been named individually as defendants in litigation known as Kenneth W. Cole v. Nathan A. Callahan, David Hoffman and Jess Rouse, A86-323 CI.; and WHEREAS, The Kenai City Council has been informed of the background, nature and circumstances of the litigation; and WHEREAS, the City of Kenai, as outlined in its letter of January 18, 1990, has determined it is in the best interest of the City to agree to indemnify and hold harmless David Hoffman and Jess Rouse for any damages which may be awarded in the litigation; BE IT RESOLVED that the Kenai City Council hereby agrees to fully indemnify David Hoffman and Jess Rouse for any and all damages, compensatory or punitive, which may be awarded against them in the litigation known as Kenneth W. Cole v. Nathan A. Callahan, David Hoffman and Jess Rouse, A86-323 CI. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 1990. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk C -ia Suggested by: Kenai Harbor Commissi CITY OF KENAI RESOLUTION NO. 90-65 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, IN SUPPORT OF THE CITY OF KENAI HOSTING THE 1991 ANNUAL CONFERENCE OF THE ALASKA ASSOCIATION OF HARBORMASTERS & PORT ADMINISTRATORS, INC. WHEREAS, the City of Kenai will be celebrating its 200th year in 1991, and WHEREAS, the City of Kenai has always depended on the river, sea, and Inlet with their ports and harbors as a way of life, and WHEREAS, the City of Kenai wishes to invite and would like to include Harbormasters, Port Administrators, and Port & Harbor related personnel in celebrating our 200th year, and WHEREAS, the Kenai Harbor Commission would like to extend a special invitation to hold the 1991 convention in Kenai. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, that the City of Kenai offer to host the 1991 Annual Conference of the Alaska Association of Harbormasters & Port Administrators, Inc. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of October, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Cle&ej Written by Public Works D-1 MAYORS COUNCIL ON AGING October 10, 1990 - 1:00 p.m. Kenai Senior Center Joanna Hollier, President Presiding 1. ROLL CALL Present: Joanna Hollier, Sam Huddleston, Roy Moore, Elmer Seay, Fiocla Wilson Absent: Frances Meeks (excused), Georgetta Funk (excused) Also Present: Betty Jo Seay, Sylvia Johnson, Clarence Ladd, Kenai Senior Director Pat Porter 2. APPROVAL OF MINUTES The minutes of the last meeting were accepted and approved as read. 3. OLD BUSINESS a) Congregate Housing Design Committee Sylvia Johnson was asked to give a report on the Congregate Housing Design Committee. She explained that, at their meeting on October 9, 1990, the committee reviewed the eight architectural proposals that were submitted. The three finalists chosen will give their oral presentations to the Committee on Thursday, October llth and a decision will be made at a special meeting to be held Friday morning, October 12th. b) Building Expansion Director Porter reported that the dining room expansion will be completed on November 2nd. The sheetrock is up and the solarium has been put in. She commented on how large the expansion was and how much nicer she thought it would be. The siding is being put on the outside of the building at the present time. It was prefinished in the lower 48 as it is now too cold to do it here. c) Grandma Please Program Director Porter stated that the program is going quite well. The program is being coordinated by Lynn Kocinski. The telephone company has donated all of the installation charges for the line. The stickers have been ordered and the only cost will be the $40.00 monthly phone charge. The program will begin January 7th, the first day of school after Christmas vacation. So far, there have been eight people interested in being volunteers and when they are chosen, they will undergo training before they begin their duties. d) City Appreciation Dinner Director Porter reported that November 29, 1990 has been set as the date for the appreciation dinner. e) Exercise Fee It was decided to leave the exercise fee as is for the present time and not ask for donations from the people who use this service. 4. NEW BUSINESS a) Board Members Making Announcements In a newsletter she received from another Senior Center, Director Porter read about the idea of having board members take turns at the noon meal ringing the bell, asking the blessing and making announcements. She felt that it would help the others know who the board members were and make them more accessible. After a brief discussion, a motion was made by Roy Moore to have the members of the Mayors Council on Aging take turns making announcements before the noon meal. The motion was seconded by Fiocla Wilson and passed unanimously. b) Meal Site Planning Director Porter asked the board members to establish a policy for a meal site. She stated that it is not cost effective to haul meals to a site for a small number of people and that it would have to be guaranteed that a certain number would eat every day. After discussing the matter, a motion was made by Sam Huddleston that there be a minimum of ten confirmed reservations before meals are delivered to any site. The motion was seconded by Elmer Seay and carried unanimously. c) Board Appointments/January Director Porter informed the board that the six year terms of Roy Moore and Fiocla Wilson will be up in January and two new members will be appointed by the Mayor. d) Letter from Dennis Murray After discussion of the letter from Dennis Murphy, Administrator of Heritage Place, it was decided that this matter be dropped. This letter was asking the Senior Center to endorse the concept of taking people from the long term care waiting list of Pioneer Homes to receive care at Heritage Place with 100% funding from the State of Alaska. 5. PERSONS WISHING TO BE HEARD a) Clarence Ladd Clarence Ladd addressed the board on several matters. He would like a few minutes before lunch so that any seniors who have questions or suggestions could have a time to speak. He stated that several people have complained to him about the dense smoke in the smoking area. He asked that the fan be checked and maybe the opening of a small window. He feels that, with winter coming on, there needs to be more room to hang coats, etc. Director Porter informed the board that there will be a coat closet in the new addition. He also stated that the flags were fraying badly and needed changing. 6. NEXT MEETING The next meeting of the Mayors Council on Aging will be held on December 5, 1990 at 1:00 p.m. 7. ADJOURNMENT There being no further business, a motion was made by Mr. Moore and seconded by Mr. Huddleston to adjourn. The meeting was adjourned at 2:00 p.m. 4��O� Kathy L wyer C/ Recording Secretary 1791-1991 CITY OF KENAI eaf� 4 4�a� 1 J' _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 TO: Kenai City Council FROM: Airport Commission DATE: October 12, 1990 RE: Pull Tabs At their meeting of October 11th, the Airport Commission was informed by Randy Ernst, that the owner of the terminal gift shop was looking into the possibility of selling pull tabs. Please consider the following as the Commission's recommendation on this matter. Commissioner Garnett moved: That the Kenai City Council make it a matter of policy not to allow pull tabs in the terminal, at any time. Commissioner Shackleton seconded. Passed unanimously. KENAI PARKS AND RECREATION COMMISSION October 9, 1990 City Hall Chambers Chairman, Richard Hultberg 1. ROLL CALL: The meeting was called to order by Chairman Hultberg at 7:12 p.m. Commissioners present were: Hultberg, Carlson, Massie, Sandahl, and Ad Hoc Member O'Reilly. Also present from the City of Kenai were Parks Director McGillivray and Kim Howard. 2. APPROVAL OF AGENDA: The agenda was approved after changing the title of Item 6 to read, "Director's Report." 3. APPROVAL OF MINUTES; The September 18, 1990, minutes stood approved as written. 4. NEW BUSINESS: a. Jim Arness' Request for Land Purchase. Kim Howard explained to the Commission that Jim Arness, an adjacent land owner, is requesting to purchase a piece if City land within the Peterson Subdivision. The 1.063 acre site has only about 4-5,000 usable feet on it as most of the property is on a hill. Mr. Arness submitted an appraisal with his request, and the City is having an Anchorage firm appraise the property also. Ms. Howard was requesting the Commission to make a recommendation as to whether or not the property should be retained for a public purpose. Director McGillivray stated the City has application for a view area closer to the mouth of the river; and if that is granted, he sees no reason to look for any other bluff property. ACTION TAKEN: COMMISSIONER MASSIE MOVED FOR THE CITY OF KENAI TO PURSUE THE SALE OF THE LAND TO JIM ARNESS AS THE COMMISSION SEES NO NEED TO RETAIN IT FOR A PUBLIC PURPOSE. JERRY CARLSON SECONDED. MOTION CARRIED UNANIMOUSLY. b. Parent & Tot Recreation Program. The program started Tuesday with 10 adults and approximately 20 children attending. It will basically be a free play time with the parents doing the organisation and there will be no charge for gym time. KENAI PARKS AND RECREATION COMMISSION Page -2- October 9, 1990 C. The City of Kenai has received a letter from the National Recreation and Park Association soliciting a donation of an acre of land for the 50 State Society whereby concerned citizens will be able to purchase one -square inch of land. Revenues generated from this would support research and campaigns on national issues and policies concerning parks and recreation. The land donated would be leased in perpetuity to the community and the donors of the land will also receive a percentage of profits from the sales of the square inches. ACTION TAKEN: COMMISSIONER CARLSON RECOMMENDED THE CITY COUNCIL TO FIND AN ACRE TO DONATE AND OFFER IT TO THE NRPA. COMMISSIONER MASSIE SECONDED. MOTION CARRIED UNANIMOUSLY. 5. OLD BUSINESS: a. Banners. The banner issue is still very much alive as there are people that are concerned and want banners. The Commission will be kept abreast on the issue. b. Meeting Date. There was general discussion concerning having Commission meetings on the second Tuesday evenings. ACTION TAKEN: COMMISSIONER CARLSON MADE A MOTION TO HOLD FUTURE MEETINGS ON THE SECOND TUESDAY OF THE MONTH. COMMISSIONER SANDAHL SECONDED. MOTION CARRIED UNANIMOUSLY. 6. DIRECTOR'S REPORT: a. Building. Director McGillivray reported the storage building being assembled with prisoner labor was completed. Prior to completion a few panels were lost due to high winds, but damage was minimal and repairs were quickly made. b. Flagpoles. The flagpoles are now up on Airport Way. The Director of Public Works is checking into the cost of getting lighting for the area. Due to high winds and extreme winter weather conditions, the flags will not be put up until next Spring. C. Shelter on the Green Strip. The shelter is nearing completion. The shelter also sustained damage due to the recent high winds, but those panels have now been KENAI PARKS AND RECREATION COMMISSION October 9, 1990 Page -3- replaced and are secure. The cook units will be out in the open area and not in the corners as originally reported. d. NRPA National Congress. Director McGillivray will be attending the NRPA National Congress in Phoenix, AZ, and will return next Tuesday. e. ARPA State Congress. The State Congress was held in Fairbanks with about 70 in attendance. Bill Musson was elected to a one-year term on the Board of Directors and Kayo McGillivray was elected as state representative for the Northwest Regional Council. Next year's Congress will be held in Juneau. f. Open House Rec. Center. A good number of people turned out for the events slated for the celebration. The teen dance had about 280 students in attendance and there were no problems. A new tape deck unit was purchased for the center with revenues from the dance. 7. CORRESPONDENCE: - None 8. ADJOURNMENT: This was the last meeting for Ad Hoc Member O'Reilly, and the Commission thanked her for her help. She stated she would stay in touch with the Commission. COMMISSIONER SANDAHL MOVED TO ADJOURN. COMMISSIONER CARLSON SECONDED, AND MEETING WAS ADJOURNED. Res ectfully Submitted, E rlene Reed, Recording Secretary for the City of Kenai KENAI PIAINIW & ZONDU COKKISSICK ***October 10, 1990 - 7:00 P.M.*** City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. APPRUYAL OF M]NTIFS - September 26, 1990 5. OLD BUSINESS a. Comprehensive Plan - Sylvia Spearow, KPB Planning Department 6. NEW BUSINESS a. Resolution 90-22: Home Occupation - Kathleen F. Scott 7. PLANNING a. Resolution 90-23: Preliminary Plat - Gusty Subdivision b. Petition to Vacate - Ten foot Utility Easement within easterly boundary Tract A, Central Heights Fourth Addition, Plat 88-54 KRD --Q Q - 8. REPORTS a. City Council b. Borough Planning C. City Administration 9. PERSONS PRESENT NOT SCHEDULED 10. INFORMATION ITEMS a. Kenai City Council Agenda - October 3, 1990 11. COMMISSION COMMENTS & QUESTIONS 12. ADJOURNMENT r___1 -_1 AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 3, 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. Roger Rosin/Roger's Painting Services - Painting Bid/Kenai Community Library C. PUBLIC HEARINGS 1. Ordinance No. 1403-90 - Increasing Estimated Revenues and Appropriations by $437 in the "Miscellaneous Older Alaskans Grants" Fund. a. Introduction b. Adoption 2. Resolution No. 90-51 - Accepting a Grant From the State of Alaska, Department of Environmental Conservation for Sewer Treatment Plant Improvements - $380,000.00. 3. Resolution No. 90-52 - Accepting a Grant From the State of Alaska, Department of Transportation and Public Facilities for Airport Taxiways A-1 and A-2 Improvements. 4. Resolution No. 90-53 - Awarding a Contract to Construct a Storm Drainage System from Airport Taxiway A-2 to Granite Point, to Jackson Construction for the Total Construction Amount of $13,923.00 Which Includes the Basic Bid and Additive Alternate A. 5. Resolution No. 90-54 - Awarding a Contract to Replace Roof Insulation In Warm Storage Building #2 to Chumley's for the Total Construction Amount of $19,700.00 Which Includes the Basic Bid. 6. Resolution No. 90-55 - Declaring the Following Equipment, Supplies, and Materials Surplus or Obsolete. 7. Resolution No. 90-56 - Authorizing Submission of a Proposal for a Fire Training Facility to be Located in Kenai, and Reserving Lands for Such Purpose. D. COMMISSIONJCOMMITTEE 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 September 19, 1990. F. CORRESPONDENCE 1. 9/25/90 Mayor D.Gilman letter to B.Brighton regarding Kenai Peninsula Borough Assembly ordinance authorizing the Borough to undertake tourism promotion on a non- areawide basis. G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1401-90 - Increasing Estimated Revenues and Appropriations by $1,000,000 in the Sewer Treatment Plant Modifications - 1990 Capital Project Fund. 4. *Ordinance No. 1402-90 - Increasing Estimated Revenues and Appropriations by $7,125 in the General Fund as a Result of a Library Grant. 5. *Ordinance No. 1404-90 - Repealing Kenai Municipal Code Chapter 1.58 Entitled, "Advisory Economic Development Commission." 6. *Liquor License Approval - Thai House/George and Chiamchit Tweedy 7. Discussion - Dedication of Adjoining Ten Acres to Fire Training Facility for People Count, Inc. for Educational Facilities. 8. Discussion - Dan Hakkinen Bluff Property. 9. Discussion - Stream Rehabilitation and Fraying Area. 10. Approval - Rate Changes at City Dock. 11. Approval - Airport Taxiway A-2 to Granite Point Drainage System - Wince-Corthell-Bryson Inspection for Not -To -Exceed $1,700.00. 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. RENAI CITY COUNCIL MEETING Minutes of October 3, 1990 RENAI CITY HALL MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor John J. Williams called the meeting to order at approximately 7:15 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Smalley, Swarner, Measles, Williams, O'Reilly, Walker. Councilmember Monfor was absent, however expected to be present later in the meeting. A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD: To H-2, Purchase Orders Over $1,000, a purchase order to Quality Asphalt Paving for patchwork according to their proposal. To H-11, Substitute memorandum from Public Works Director with appropriate motion for approval of an agreement with Wince-Corthell-Bryson for providing of engineering services on the Airport Taxiway A-2 to Granite Point Drainage System. To I-6, Public Works Director Report. MOTION: Councilman Smalley MOVED for approval of the amended agenda and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA Mayor Williams requested the following change be made to -the Consent Agenda: ADD: As H-6a, Restaurant Designation Application Approval for the Thai House. KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 2 MOTION: Councilwoman O'Reilly MOVED for approval of the amended Consent Agenda and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENT B-1. Roger Rosin/Roger's Painting Services - Painting Bid/Kenai Community Library Mr. Rosin stated that he had bid the Library painting job approximately three months earlier. When he totalled his figures, he did not add the costs for painting the trim. He did not look at his bid until he received a letter from Public Works stating that was awarded the job. Mr. Rosin stated that he finds it difficult to do the job at the price given because of his major mistake. Mr. Rosin requested to be released from the bid. Mr. Rosin also stated that he thought it odd that the Public Works Department did not find his error. Public Works Director Kornelis stated that Mr. Rosin's proposal was considerably lower than the next highest proposal. Mr. Kornelis added that all the proposals were reviewed at the time and they accepted the proposal. The proposal was reviewed and accepted by Council. Mr. Kornelis brought Mr. Rosin's request back to Council as he did not feel it appropriate that he negotiate a price after the proposal was accepted. There were three proposals received and to negotiate after the proposal opening would not be fair to the others who submitted proposals. The job did not need to be bid as the total cost was under $10,000. Councilman Walker suggested that if Mr. Rosin is not willing to do the work at the price he bid, then the work should be awarded to the next lowest proposal, even if the proposal is for more money. Deputy City Attorney Graves stated that Mr. Rosin made a binding offer. What Mr. Rosin is asking to do is an anticipatory breach. The City could sue Mr. Rosin for the extra money the job would cost to have completed. Councilman Measles asked if the job could be re -bid or give the job to the next lowest bidder. Attorney Graves stated that it would be the Council's decision whether to take the next lowest bidder or not. It would also be KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 3 the Council's decision whether to pursue damages from Mr. Rosin. The Council should decide and tell Mr. Rosin their decision as it may have an effect on whether Mr. Rosin backs out of the proposal. Mr. Rosin added that he has been in business over twenty years and has made two or three mistakes in calculating a bid. When those errors happened, the business taking the bid called and stated they found an error. He is aware that it was his error. He would like mercy from the Council. Mayor Williams stated that there are four choices for the Council to choose from: 1) Re -bid the job; 2) take the next highest bidder; 3) take the next highest bidder or re -bid and pursue damages; 4) take the next highest bidder or re -bid and do not pursue damages. City Manager Brighton added another option. Ask Mr. Rosin how far he was off on the original bid, add that amount to his bid. It is possible he could still be the low bidder. Mayor Williams added that would still be unfair to the other bidders. Councilwoman O'Reilly stated that it was an obvious error and that Mr. Rosin does not want to do the job. The next lowest bid should be taken and do not pursue damages. Councilwoman Swarner stated that she sympathizes with Mr. Rosin, but the integrity of the City should be considered. Councilman Smalley stated that a person cannot be forced to do the work. He stated the job should be re -bid and not pursue damages. An advisory vote was taken. Three voted to throw the bid out and not sue. Three voted to take the next highest bidder and not sue. One voted to take the bid and sue. Councilman Measles asked that since it was not a formal bid, and no bidding process is required under the Code, would it be appropriate to negotiate this bid? Both legally and policy -wise. Attorney Graves stated that the amount is under the $10,000 limit, but two other people have put in proposals for the work and Mr. Rosin knows about those proposals. Councilman Measles stated he meant for the City to make an offer to Mr. Rosin that would still be under the next low bidder. Give Mr. Rosin an opportunity to accept or reject the City's offer. Mayor Williams stated that he felt consideration should be given to the citizens of the City regarding a fair return for the money KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 4 spent. Also consideration should be given the contractors who have stayed in business. Mayor would hesitate to bring any financial problems to bear on a local contractor who made an honest error. Councilman Smalley stated that he would consider issuing the job to the next highest bidder with no recourse against Mr. Rosin as it is not necessary to delay the project any longer. Discussion followed regarding whose budget the money comes from to pay for the job. MOTION: Councilman Smalley MOVED that the Council accept Mr. Rosin's rejection to do this work and offer the job to the next lowest bidder and not take any recourse against Mr. Rosin. Councilwoman O'Reilly SECONDED the motion. Councilman Walker stated that errors are made by contractors and that sometimes contractors must "bite the bullet" and follow through with the contract, even to his disadvantage. Mr. Walker felt that Mr. Rosin should go ahead with the work as agreed. Mr. Kornelis was asked why there was so much time between the bid opening and the awarding of the bid. Mr. Kornelis stated that the proposals were opened on July 29, 1990 and the bid was awarded September 19, 1990. The library took the proposals and did the purchase order. Howard Hackney and Mr. Kornelis discussed the proposals. Council approved the award on August 15, 1990. It was after that Mr. Rosin spoke with Mr. Hackney and asked to get out of the bid. This was discussed in a staff meeting. Council said to take the bid. Administration signed the award. Howard and Mr. Kornelis discussed why the proposal was so low after the proposal was accepted. COUNCILWOMAN MONFOR ARRIVED AT 7:44 P.M. Mayor Williams stated that Administration handled the situation properly by bringing the decision to Council. However, he felt the Council should have been made aware of how much lower the bid was sooner. KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 5 Mr. Kornelis added that after the Council accepted the proposal in August, Mr. Rosin still had ninety days to decide to get out of the bid. The bid was good for ninety days (until September 17, 1990). A synopsis of the discussion was told to Councilwoman Monfor. VOTE: Walker: No Swarner: No Monfor: Yes Measles: No O'Reilly: Yes Smalley: Yes Williams: Yes MOTION PASSED. The arrangement with Mr. Rosin should be canceled and the next lowest bidder should be used. Mr. Kornelis asked that at H-2 Council amend the list to include the new amount so that the work can proceed. Building Official Hackney stated that the next lowest bidder is $2,000 more than Mr. Rosin's bid. There is not that much money in the budget for that. Mayor Williams asked permission, with the concurrence of Councilman Smalley to rescind his former motion. It was suggested that since there is no pertinent information in the packet in regard to the other bids, that this item wait until the next meeting. RESCIND: Councilman Smalley requested that the action be rescinded. There were no objections. SO ORDERED. Mr. Hackney suggested that since Mr. Rosin left $3,680 out of his bid, that amount be added to the $4,480 that Mr. Rosin bid and give the job to Mr. Rosin. The total bid would then be $8,160. There would still be a difference of $1,815 between Mr. Rosin's bid and the next bidder. The previous motion would have given the job to Thompson's Painting, the next bidder. MOTION: Councilman Measles MOVED for Council to offer to increase Mr. Rosin's bid to $7,500 and give Mr. Rosin enough opportunity to honor this bid and it gets the job done for the City, it keeps KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 6 the City out of a re -bidding process or problem with re -bidding or accepting another bid. It also keeps Mr. Rosin out of any possibility of any repercussion from the City because of a mistake in his bid and maintains his bidding integrity with the City and the City Council. Councilwoman Monfor SECONDED the motion. Mayor Williams stated to Mr. Rosin that what the Council is offering is a contract for him to do the work at a higher bid than he bid, but less than he proposed. There is still a penalty involved, but one that will not bring a great deal of hardship. Mr. Rosin stated that he would not have a problem with this offer. He added that he would do the job for $4,480 if it would hurt his reputation or cause ill feelings with the City of Kenai or for the City to have to sue him. VOTE: Councilman Measles requested UNANIMOUS CONSENT. There was objection to the request. Walker: No Swarner: No Monfor: Yes Measles: yes O'Reilly: Yes Smalley: Yes Williams: Yes MOTION PASSED. BREAK WAS TAKEN AT 8:00 P.M. MEETING BACK TO ORDER AT 8:20 P.M. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1403-90 - Increasing Estimated Revenues and Appropriations by $437 in the "Miscellaneous Older Alaskans Grants" Fund. a. Introduction MOTION: Councilwoman O'Reilly MOVED for introduction of Ordinance No. 1403-90 and Councilman Smalley SECONDED the motion. There was no public comment. Councilwoman Swarner asked why there had to be a special meeting to introduce and have public hearing of a similar ordinance in June. Mayor Williams answered KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 7 that he remembers that they were not sure at the time how the figures were going to fit with the budget. Councilwoman Swarner stated that there should be consistency. VOTE: Walker: Yes Swarner: Yes Monfor: Yes Measles: Yes O'Reilly: Yes Smalley: Yes Williams: Yes MOTION PASSED UNANIMOUSLY. b. Adoption MOTION: Councilwoman O'Reilly MOVED for adoption of Ordinance No. 1403-90 and Councilman Smalley SECONDED the motion. Mayor Williams stated that the motion should reflect that this is the second reading of the ordinance. Councilwoman O'Reilly restated her motion: Councilwoman O'Reilly MOVED for adoption of Ordinance No. 1403-90 to reflect the second reading. Councilman Smalley (the maker of the second) concurred. There was no public comment. There was no Council comment. VOTE: Walker: Yes Measles: Yes Williams: Yes MOTION PASSED. Swarner: No O'Reilly: Yes Monfor: Yes Smalley: Yes C-2. Resolution No. 90-51 - Accepting a Grant From the State of Alaska, Department of Environmental Conservation for Sewer Treatment Plant Improvements - $380,000.00. MOTION: Councilman Smalley MOVED for approval of Resolution No. 90-51 and Councilwoman Monfor SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 8 C-3. Resolution No. 90-52 - Accepting a Grant From the State of Alaska, Department of Transportation and Public Facilities for Airport Taxiways A-1 and A-2 Improvements. MOTION: Councilwoman O'Reilly MOVED for approval of Resolution No. 90-52 and Councilman Smalley SECONDED the motion. There was no public discussion or Council discussion. VOTE: Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-4. Resolution No. 90-53 - Awarding a Contract to Construct a Storm Drainage System from Airport Taxiway A-2 to Granite Point, to Jackson Construction for the Total Construction Amount of $13,923.00 Which Includes the Basic Bid and Additive Alternate A. MOTION: Councilman Measles MOVED for adoption of Resolution No. 90-53 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or Council comments. There were no objections to the request for unanimous consent. SO ORDERED. C-5. Resolution No. 90-54 - Awarding a Contract to Replace Roof Insulation In Warm Storage Building #2 to Chumley's for the Total Construction Amount of $19,700.00 Which Includes the Basic Bid. MOTION: Councilwoman O'Reilly MOVED for approval of Resolution No. 90-54 and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. There was no public comment. There were no objections from Council. SO ORDERED. KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 9 C-6. Resolution No. 90-55 - Declaring the Following Equipment, Supplies, and Materials Surplus or Obsolete. MOTION: Councilwoman Swarner MOVED for adoption of Resolution No. 90-55 and requested UNANIMOUS CONSENT. Councilman Walker SECONDED the motion. There was no public comment. Public Works Director Kornelis added that the auction is set for October 13, 1990. He had wanted to set it for October 6, 1990, but the Police Department needed more time to clear those items they had for auction. He had not received the Police Department list as yet. He would like to go with the list as it appears in the packet, which designates the Police Department items as "Police Department confiscated and surplus items." Councilman Walker stated that there have been numerous purchases of computers, office equipment, etc. He understands the need to upgrade, but thinks Administration should be more careful of what is purchased. City Manager Brighton added that all the merchandise is advertised as no guarantee or warranty. VOTE: There were no objections to unanimous consent. SO ORDERED. C-7. Resolution No. 90-56 - Authorizing Submission of a Proposal for a Fire Training Facility to be Located in Kenai, and Reserving Lands for Such Purpose. MOTION: Councilman Smalley MOVED for approval of Resolution No. 90-56 and Councilman Walker SECONDED the motion. There was no public comment. Councilwoman Monfor stated that she will vote for the approval, but finds it hard to believe that the City is giving them $1 million and still has to submit a proposal for the project. Councilwoman Swarner stated that she received comments during her campaigning that the administration needs to better inform the citizens of the City. They were wanting more information. KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 10 Mayor Williams stated that the Economic Development District is looking favorably at procuring a grant to pay for the water and sewer services to the facility. Also, that money will be taken from the Airport Fund for purchasing the land. Councilman Walker complimented those who put the proposal together. He believes they did an excellent job. Mayor Williams stated that he is aware of two other proposals that have been submitted. None meet the magnitude of the City of Kenai's proposal. VOTE: Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM D: COMMISSION%COMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner reported that there will be a meeting of the Council on Aging this month. The Congregate Housing Design Committee are reviewing eight proposals submitted by Alaska architects. At their meeting tomorrow they will decide on who to interview. Senior Citizens Director Porter added that one of the members of the Design Committee will be out of town for an extended time. She would like Mr. Guy Moore to be named to the Committee as a substitute. There were no objections. Clerk Freas should write the appropriate letter to inform Mr. Moore of his appointment. D-2. Airport Commission Councilman Measles stated that the minutes of their last meeting are included in the packet. Airport Manager Ernst added that the fuel tax resolution that was removed from the agenda at the last Council Meeting will be before the Airport Commission, in a different form, at their next meeting. Councilwoman Swarner added that during her campaigning, she asked citizens how they felt about paying a long-term parking fee. Response was heavy to pay a fee. KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 11 Discussion followed regarding the long-term parking area. Mayor Williams suggested that Airport Manager Ernst examine the possibility of purchasing a hand-held computer to keep record of license plates. D-3. Economic Development Commission Mayor Williams referred to his memorandum included an ordinance placed as New Business. Public hearing for the ordinance will be at the October 17, 1990 Council Meeting. Purpose of the ordinance is to sunset the Economic Development Commission. D-4. Harbor Commission Councilman Walker stated that the next meeting is set for October 15, 1990. Also, he believes they are one commissioner short. Mayor Williams stated that he reviewed a memorandum the City Clerk prepared that gave meeting history of the Commission for the past year. The Commission has a full panel. There just have not been constant well -attended meetings. Mayor Williams is to send a letter to the Commission to urge them to attend meetings more regularly. Clerk Freas is to send a copy of her memo with the history of the Commission to Councilman Walker for his information. D-5. Library Commission Councilwoman Monfor stated that there will be no Library Commission meeting this month due to the election. She added that the Peninsula Historical Society will be meeting on Saturday at 9:00 a.m. at the Library. Mayor Williams asked if Councilwoman Monfor is keeping in touch with the Bicentennial Committee. Councilwoman Monfor answered yes, the Committee had been invited to the meeting. Mayor Williams added that he was invited and spoke to students at Mt. View Elementary School regarding the Bicentennial. They are involved in a project for the Bicentennial. D-6. Parks & Recreation Commission Councilwoman O'Reilly stated that the next meeting is scheduled for October 11, 1990. She added that the open house was wonderful. Parks & Recreation Director McGillivray added that tenth anniversary celebration of the Recreation Center went real KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 12 well. The dance had approximately 250 people attending. He stated that his employees at the Center did a really fine job and that he is very proud of them. Mr. McGillivray added that when the crew went to turn the water off at the Memorial Park fountain and get it winterized, they found that someone had stolen the galvanized grate that goes over the pump area. They will have to order a new one. Until then, they will rig the Christmas tree placed there in some working manner. Also, the flagpoles are up at Triangle Park. Lighting will have to be placed next Spring. The pavilion and storage building are coming along very nicely. At the state association meeting in Fairbanks, Bill Musson was elected to the ARPA Board and Mr. McGillivray was appointed as a personal representative to the Northwest Regional Council. Councilman Measles asked what it would take to put lighting at the flagpoles. It was thought that an underground power line was situated through that property. Public Works Director Kornelis stated that there had been a pole there, but it was removed. City Manager Brighton suggested placing a light on one of the light poles across the street and positioning the light to shine on the flagpole. Public Works Director Kornelis is to explore the possibility of getting light at the flagpoles. Councilwoman Monfor stated that she really appreciated the informative memorandum which the Parks & Recreation Department placed in the packet the last meeting. D-7. Planning & Zoning Commission Councilman Smalley reported that their last meeting was held on September 26, 1990. A home occupation permit was approved. Also, they discussed changes needing to be made in the Comprehensive Plan. They are planning a work session to review the Plan. The Borough will assist in funding and training. The Commission is aware of the importance of getting the Plan updated. The Commission will need a new member since Mr. McComsey will be leaving the Commission to be sworn in as Councilmember. Mayor Williams reviewed names of applicants available for appointment to the Planning & Zoning Commission. Councilman KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 13 Smalley reminded Mayor Williams that Mr. Nick Miller has an application on record. It was expected that he would be appointed the next time a seat became available. Clerk Freas is to contact Mr. Miller and ask if he is still interest in an appointment to the Planning & Zoning Commission. If he is, a letter of appointment needs to be sent. D-8. Miscellaneous Commissions and Committees a. Beautification Committee Councilman Walker inquired about the minutes of the September 11, 1990 Beautification Committee wherein it was decided to drop placing banners in the summer and put the money into buying more flowers, concrete for the flagpole settings, and new Christmas decorations. Mayor Williams stated that he has received comments from the public requesting that more banners be placed. Perhaps some direction should be given to the Beautification Committee to buy more banners. Councilwoman Swarner stated that the banners that were taken down are in very bad shape. The Bicentennial Committee will be buying banners. Councilwoman Monfor stated that they will be buying banners with bicentennial dates on them. Their budget will not allow them to buy banners to place all over town. Councilwoman Monfor suggested that she speak with the Bicentennial Committee at their next meeting. Councilwoman Swarner added that if new banners are purchased, they need to get equipment to put them up and take them down. Councilman Measles suggested that different brackets be purchased. Public Works Director Kornelis is to check with the City of Soldotna and find out what kind of brackets they are using as their banners have no problem in the wind. Councilman Walker asked about Item 5 of the Beautification Committee minutes where it speaks about landscaping a small park and pond behind Craycroft Chrysler. Mayor Williams stated that this proposed project was brought to his attention. He advised Mr. Winston of the Council's intention to use that property for the Fire Training School proposal. Clerk Freas is to forward file information to the Beautification Committee as to the plans for this area. KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 14 ITEM E: MINUTES E-1. Regular Meeting of September 19, 1990. The minutes were approved by Consent Agenda. ITEM F: CORRESPONDENCE 9/25/90 Mayor D.Gilman letter to B.Brighton regarding Kenai Peninsula Borough Assembly ordinance authorizing the Borough to undertake tourism promotion on a non- areawide basis. The letter was discussed as to the unfairness and legality of the Borough undertaking tourism promotion on a non-areawide basis. Mayor Williams will write a letter in answer to Mayor Gilman's letter. Councilwoman O'Reilly added that she attended a meeting of the Alaska Visitor Association where the Borough explained their plans. Councilman Walker added that in speaking with members of the Assembly, they are wanting to get money to visitor centers to promote areas outside the cities. This is in lieu of building visitor centers outside cities for the same services. ITEM G: OLD BUSINESS There was no old business. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman Measles SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $1,000 KENAI CITY OCTOBER 3, PAGE 15 MOTION: COUNCIL MEETING 1990 Councilman Measles MOVED for approval of H-2 to include a purchase order to Quality Asphalt Paving, dated October 1, 1990, in the amount of $2,900.00. Councilman Smalley SECONDED the motion. Discussion followed regarding the patch work to be done. Public Works Director Kornelis explained that the patch work on Spur and Candlelight and Spur and Highland is to increase the radius of the intersections. Spruce Street patch work is needed due to the wash out damage. There was other discussion as to wider radii needed (intersection of Forest and Pine, East Aliak, Kiana, Kaknu). VOTE: Mayor Williams asked if there were objections to the request for unanimous consent. Councilman Walker objected. Walker: No Measles: Yes Williams: Yes MOTION PASSED. Swarner: Yes O'Reilly: Yes Monfor: Yes Smalley: Yes H-3. Ordinance No. 1401-90 - Increasing Estimated Revenues and Appropriations by $1,000,000 in the Sewer Treatment Plant Modifications - 1990 Capital Project Fund. Approved by Consent Agenda. H-4. Ordinance No. 1402-90 - Increasing Estimated Revenues and Appropriations by $7,125 in the General Fund as a Result of a Library Grant. Approved by Consent Agenda. H-5. Ordinance No. 1404-90 - Repealing Kenai Municipal Code Chapter 1.58 Entitled, "Advisory Economic Development Commission." Approved by Consent Agenda. KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 16 H-6. Liquor License Approval - Thai House/George and Chiamchit Tweedy Approved by Consent Agenda. H-7. Discussion - Dedication of Adjoining Ten Acres to Fire Training Facility for People Count, Inc. for Educational Facilities. Mayor Williams reported that he had a meeting with the People Count organization. They would like the City to set aside ten acres of property across Marathon Road from the Fire Training Facility forty acres. Their facility is now situated in the Kenai Elementary School Building. The School District is moving toward needing the school again. They moved in their Alternate School program this year and are using a portion of the school now. People Count is requesting the ten acres to be set aside for them on which to build a new facility. They plan to write grants to procure the monies needed to build the facility. They will need to have the property in order to receive the grants. Mayor Williams stated he would ask Council. Councilwoman Monfor stated that the Kenai Mall will be vacant and it is already built. She stated that she is not ready to set aside property for them at this time. There are other options to at which look. Mayor Williams added that he thought it might be a nice addition. The City's share would be approximately $50,000 (the cost of the property). Councilman Walker stated that People Count does a good job for the community. They may be able to offer programs that coincide with the Fire Training and Cold Water Recovery facility. Councilman Measles stated that he would rather lease the land. He would also prefer the City leasing the land to the Fire Training/Cold Water Recovery Facility also. Mayor Williams asked that a resolution be brought before Council to set aside that land for that particular purpose so that People Count can look for funding. Something like that which was set aside for the future use of the Air National Guard. Councilman Smalley agreed with Councilman Measles in that he does not believe that they should give up the title of the land. KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 17 It was decided that Administration should bring a resolution before Council setting aside ten acres of land. Councilman Smalley added that grant programs do not fund if the grantee does not own the property. Public Works Director Kornelis and Finance Director Brown agreed. Also it was discussed that there may be a problems with the City making a large donation to one entity. It was decided that the resolution to be brought to Council should be generic, not naming any specific program, but holding the land in reserve. H-8. Discussion - Dan Hakkinen Bluff Property. Mayor Williams reported that he spoke with Mr. Hakkinen regarding the City purchasing the bluff property. He stated that he must have misunderstood the price quoted to him the first time they talked. The price now asked is $155,000 which is three times more than the Mayor is willing to give. There has been no more discussion at this time. City Manager Brighton reported that Mr. Dale Dolifka has approached him in regard to the City's purchase of the Louisa Miller property along the bluff. Mr. Dolifka owns the property, but wishes to sell it. The property includes a house and other out buildings. He is asking in the area of $100,000 for all of it. Mayor Williams is to talk to Mr. Dolifka. H-9. Discussion - Stream Rehabilitation and Fraying Area. The discussion should read "Stream Rehabilitation and Frying Area." Mayor Williams stated that this discussion would have coincided with the Hakkinen property discussion. Councilwoman Swarner stated that she thinks the City should give some thought to planting grass along the bluffs and streams to stop the erosion. H-10. Approval - Rate Changes at City Dock. City Manager Brighton stated that the rate changes reflect what is happening in the oil and gas market. KENAI CITY OCTOBER 3, PAGE 18 MOTION: COUNCIL MEETING 1990 Councilman Smalley MOVED for approval of H-10 and Councilwoman O'Reilly SECONDED the motion. There were no objections. SO ORDERED. H-11. Approval - Airport Taxiway A-2 to Granite Point Drainage System - Wince-Corthell-Bryson Inspection for Not -To -Exceed $1,700.00. MOTION: Councilman Smalley MOVED that the City of Kenai enter into an agreement with Wince-Corthell-Bryson for them to provide engineering services (design and inspection) on the project entitled Airport Taxiway A-2 to Granite Point Drainage System for total not -to -exceed amount of $1,700.00, according to the attached proposal." Councilman Walker SECONDED the motion. There were no objections. SO ORDERED. ITEM I: ADMINISTRATION REPORTS I-1. Mayor Mayor Williams requested that a work session be scheduled in regard to Thompson Park. The discussion would be whether or not to go ahead with water and sewer utilities to that area. The work session was set for Thursday, October 25, 1990 at 7:00 p.m. in the Council Chambers at City Hall. Residents are to be notified of the work session. I-2. No report. I-3. City Manager Attorney Deputy City Attorney Graves reported: a. The Vesta Leigh trial has been postponed indefinitely. b. He will be attending a seminar on hazardous wastes the week of October 23, 1990 in Washington, D.C. City Attorney Rogers approved the trip prior to his departing on his extended leave. KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 19 C. The demolition of the Harbor View will begin with a planned burn by the Kenai Fire Department after the finalization of the settlement with one of the owners of the property. Fire Chief Burnett added that they plan interior attacks prior to burning the building to the ground. I-4. City Clerk Clerk Freas reported that the election was completed last night. Canvassing of the absentee/challenged ballots will take place pursuant to Code on October 9, 1990 at 10:00 a.m. Certification of the election will be before the Council at the October 17, 1990 meeting. I-5. Finance Director Finance Director Brown reported that financial statements were distributed to the Council with their packet. Also, he referred to Councilwoman Swarner's question of the introduction and adoption of an ordinance in June, compared to the action taken on Ordinance 1403-90 earlier this meeting. Mr. Brown explained that a grant was received about June 18 or 19. An ordinance to accept the grant was hand -carried to the Council. There was not time to advertise for a public hearing to take place at the same meeting. A special meeting was needed to advertise the public hearing, and adopt the ordinance to accept the grant prior to the end of the fiscal year. I-6. Public Works Director Public Works Director Kornelis reviewed his memorandum handed -out to Council earlier in the meeting. The memorandum reports the progress of the following projects: a. City Auction. Discussed earlier in the meeting. b. Old Town-Upland/Highland Project. The project will be completed this year. C. Airport Taxiway A-1 & A-2 Pavement Overlay. Substantial completion was 10/1/90. Contractor has some clean-up, etc. to complete. Final inspection will be the first of the week. d. Airport Taxiway A-2 to Granite Point Drainage. Completion to be prior to 10/31/90. The contractor on the project wanted $27,950. The low bid was $13,923. Resolution No. 90-53 awarded the bid to Jackson at a savings of $14,027. KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 20 e. Park Shelter. The concrete and block work is complete. Metal frame work is in place and the roofing should be placed this week. The project should be completed before the end of next week. f. Wildlife Viewing Area/Boardwalk. The pilings are in and will be placed after the ground freezes. Major materials have been ordered. Some have been donated. g. Heavy -Duty Multi -Purpose Truck. Bid opening is 10/11/90 and the award resolution will be before Council on 10/17/90. In addition to the other attachments, a nose plow the City owns now will fit on the truck. h. Heavy -Duty Dump Truck Bodies. To replace three worn out bodies. Bid opening set for 10/11/90. i. STP Modifications. CH2M Hill estimates the project to cost $1,310,000, way over Public Works estimated of $917,000. Some changes have been made to reduce the costs. Sketches are being redone. A new requirement for a scrubber is required by the new fire code and must be added in. The scrubber costs approximately $100,000. j. Congregate Housing Facility. Discussed earlier in the evening. Hopefully, a recommendation will be brought to Council 10/17/90. k. Banners. Removed on Sunday at 8:00 a.m. by R. Rainey, J. Vaughn of HEA and Councilwoman Swarner and K. Kornelis. 1. Warm Storage Building No. 2/Insulation. Bid awarded by Resolution 90-54 to Chumley for $19,700. M. New Street Lights. Eleven street lights were removed from the back side of Inlet Woods. They will be given to HEA to get started on the street light project. Work should start within 30 days. n. Senior Center Dining Room Addition. Work progressing. Rough -in inspection took place. Siding is being painted before shipment due to weather. Roofing is expected any time. o. Library Interior Painting. Discussed earlier in the meeting (B-1). I-7. Airport Manager Airport Manager Ernst reported that an emergency disaster drill took place on September 30, 1990. The drill was necessary to receive certification. Mr. Ernst commended the Fire Department and their abilities. Also thanks to the victim volunteers and KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 21 donations of air cargo companies of DC-6 and engines. There were some weak points in the drill. They are in the process of being critiqued. ITEM J: DISCUSSION J-1. Citizens No comments. J-2. Council Councilman Walker - Congratulations to Linda Swarner and Art McComsey for their election victories. Councilwoman Swarner - While taking down banners on Sunday, Ron Rainey (HEA) suggested that if the City places wooden poles across the street from each other coming into town for hanging of "Welcome to Kenai," "Homecoming Week," etc. banners, HEA would hang the banner at no cost. Councilwoman Monfor - She will not be at the next meeting. She stated that she has enjoyed working with Councilwoman O'Reilly and wishes her success in her campaign. Councilman Measles - No comments. Councilwoman O'Reilly - Congratulations to Linda Swarner and Mr. McComsey. Reflections of her time on Council? The amount of special meetings have slowed down since her first year. She has enjoyed her experience. Councilman Smalley - Congratulations to Linda Swarner and Art McComsey. Hopes to see Councilwoman O'Reilly in Juneau. Councilman Smalley also commended Finance Director Brown for his diligence, punctuality, good investments and sound advice. Council agreed. Mayor Williams - Congratulations to Linda Swarner and Art McComsey. He looks forward to working with Councilwoman O'Reilly in Juneau. Councilman Smalley remarked to Mayor Williams in regard to his letter to Council of 9/28/90. He asked how soon it would be KENAI CITY COUNCIL MEETING OCTOBER 3, 1990 PAGE 22 prudent to deal with the issue. Mayor Williams stated that there should be Council discussion first, either in an executive session or general meeting. Councilman Smalley added the appointment could be made during a general meeting. Mayor Williams stated that it is important to make sure what they do is done correctly. Finance Director Brown stated that they are dealing with an individual and his thoughts should be included. Councilwoman suggested they discuss the matter in November. Mayor Williams stated that their prior action could be rescinded or they could start anew. Discussion of the item would be appropriate for their first meeting in November. ITEM K: ADJOURNMENT MOTION: Councilwoman Swarner MOVED for adjournment. There were no objections. SO ORDERED. Meeting adjourned at approximately 10:30 p.m. Minutes transcribed by: Carol L. Freas, City Clerk 10/11/90 PAYMENTS OVER $1,000 WHICH NEED COUNCIL APPROVAL OR RATIFICATION COUNCIL MEETING OF: OCTOBER 17, 1990 FOR RATIFICATION: *****#********##*********************##*#***#*****x***#**##xx*xxx****#x****#**ttt***x***x****x#****x*x#x*********#**#******#tttt###t**xx**x*******tttttt VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT MISC. *t****x****x*##***#x********* x************#******x**x*##****x***#**#**********#**tt*#*##*t****t**t*####*x*#*t*xxx*###*xx****##**t**t**####***#*t*ttt*xt* PERS SEPT. PERS MIKUNDA, COTTRELL AUDIT IN PROGRESS NATIONAL BANK OF ALASKA T-NOTE 10/12/90 VANGUARD MMF 1011/90 VARIOUS LIABILITY 31,827.23 LEGISLATIVE PROFESSIONAL SERV. 3,000.00 CENTRAL TREASURY CENTRAL TREASURY 1,000,412.50 CENTRAL TREASURY CENTRAL TREASURY 1,325,000.00 8.13% INT. 7.64% INT. PURCHASE ORDERS OVER $1,000 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: OCTOBER 17, 1990 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ALASKA MUNICIPAL LEAGUE ANCHORAGE COLD STORAGE AQUA TECH CONTROL CONTRACTORS DOYLE'S FUEL YOUNG'S FIREHOUSE PERINE DECORATING CO. TOLOFF CONSTRUCTION REGISTRATION FEES FOR COUNCIL MEMBERS GROCERY ITEMS FOR OCT. & NOV. GROCERY ITEMS FOR OCT. & NOV. 4 BARRELS POLYMER MODIFY HEATING & COOLING SYSTEM IN RACQUETBALL COURT FUEL 4 EXTENDA-LITES REPLACEMENT BULBS FOR CHRISTMAS DECORATIONS PILEDRIVING FOR BOARDWALK LEGISLATIVE MISCELLANEOUS 1,165.00 COA-CONGREGATE MEALS OPERATING SUPPLIES 4,000.00 COA-HOME DELIVERY OPERATING SUPPLIES 1,000.00 STP OPERATING SUPPLIES 3,932.00 BUILDINGS REPAIR & MAINTENANCE 4,584.00 SHOP AIRPORT M & 0 BEAUTIFICATION CP-FLATS OPERATING SUPPLIES 1,468.59 REPAIR & MAINT. SUPPLIES 1,260.00 REPAIR & MAINT. SUPPLIES 1,880.00 CONSTRUCTION -CASH 1 10,000.00 4'a Suggested by: Administration If*&Wwe) M�i: 3ut,00 ORDINANCE NO. 1405-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KMC 11.05.010 AND 11.05.030 TO CORRECT AMBIGUITIES REGARDING THE PROCEDURES IN SETTING REGULATIONS AND RATES AT THE HARBOR. WHEREAS, Ordinance No. 1208-87, which was adopted May 20, 1987, established procedures for setting regulations and rates at the harbor, and WHEREAS, a review of the memoranda and Council minutes relating to Ordinance No. 1208-87 indicates that the Council intended that regulations and rates at the harbor should be set and modified by the City Manager, with an opportunity for Council to change such regulations and rates if it disagreed, and WHEREAS, the actual wording of Ordinance No. 1208-87 requires that such regulations and rates be effective only after Council approval, and WHEREAS, KMC 11.05.010 contains other language that is ambiguous. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 11.05 is hereby amended as follows: Section 1: 11.05.010 Harbor Master: The Harbor Master[,] shall be the Public Works Director. The Harbor Master shall be the chief administrator of the harbor and its facilities. He shall have all powers and duties prescribed by ordinance and the regulations and rates prescribed by the City Manager.[, SUBJECT TO APPROVAL BY THE COUNCIL; AND, IN ADDITION, INSOFAR AS IT IS APPROPRIATE, SHALL HAVE ALL POWERS AND DUTIES AND RATES PRESCRIBED BY THE CITY MANAGER, SUBJECT TO APPROVAL BY THE COUNCIL; AND, I] In addition, insofar as it is appropriate, shall have all powers and duties imposed upon harbor masters, port directors, and administrative heads of harbors and ports by Federal or State law. Section 2• 11.05.030 Harbor Regulations: The City Manager is hereby empowered, subject to [THE APPROVAL] change by the Council, to make such rules and regulations required for the operation of the harbor, not in conflict with the provisions of this Code, and to establish the fees, rates and charges for the billing and collections for the support of the harbor, and no person shall fail to comply with any such rule or regulation. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of November, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: October 17, 1990 Adopted: November 7, 1990 Effective: December 7, 1990 Approved by Finance: CQ Q (10/11/90) kl National Recreation and Park Association September 10, 1990 Kayo McGillivary Director City of Kenai 210 Fidalgo Kenaiska, AK 99611 Dear Kayo, The National Recreation and Park Association is eager to embark on the 50 State Society that has been approved by the board of Trustees. Over the recent months the National Recreation and Park Association has been in the process of acquiring one acre of land in each state that will be dedicated for recreational and park enjoyment. The 50 State Society will offer to the public the opportunity to purchase one square inch in each state. They will be given certificates of "ownership" in the 50 State Society. Thus, concerned citizens across the United States will be able to participate in the preservation of park avid recreational land. We have not yet received an acre from your state. We would be very pleased if you be interested in donating your state's acre. The land can be an area that is already existing park land or a newly acquired parcel or donated in your name from a commercial developer or community group. The only stipulation is that the acre be set aside for park and recreational use. The land will then be leased in perpetuity to the community or the park and recreation department as a park and recreational resource. All participants in the 50 State Society will benefit from the program. Funds generated from this program will support several NRPA program: enhancement of public information systems and material on ways to protect parklands, improvement of health through recreation, and conservation of the environment. NRPA will also use revenues generated from this program to support research and endorse campaigns on national issues and policies concerning parks and recreation. The donors of the land will also receive a percentage of the profits from the sales of the acres. 3101 Park Center Drive • Alexandria, Virginia 22302 • (703) 820,4940 We realize that the donation process can often be quite lengthy because each area has its own regulations. However, I have enclosed sample quit claim deeds. These can serve as legal guidelines for the donation process. We need your help to realize the 50 State Society program. Please contact me or Ms. Zoe Ahern (703) 820-4940 as soon as possible and no later than October 24, 1990, if you are interested in this unique opportunity or if you can suggest someone who would be. Thank you for your continued support of the National Recreation and Park Association and its programs. Sincerely, R. Dean Tice Executive Director Enclosures LT SURVEY CF A DDN TRACE `A' *:T L`�►.f: ::.; u I NU55 1O!t' N 1N 4�//�r AREA: I" ED FOR: JAN'RIG J r. ty t a' * a �,Xr•' � :r - F iK ,�.TIC �;. _ ^1[� - ED 8 Y: 0 LAW Smvs Wr i �1CN, ALASKA naive - of ri rr rko.�') .{ Jf PROPERT7 COMER, - QFrrT% •}rd'{y "r Y r r?= •' T t .mob t4 V• ;,'' I �t� 4 �' l%�Y,i1'IMI' STY COR NER r �y *p1Ar :• 4 I �LEYATIpN �Q ��y'.r4 . i ASsuMOo � ii�. y • ���y�E., S �J �.L } "�L. t ,i: �kf ! r t� .�E: rr�y}`�A�.�y ,� xFL.� it . 3S yf„ 9 ��, T'7♦ � Y� },� 4,!�jt J-' 7J[7.NJ'I � • r t t S e!�a � Y Y T�"'� . �� ��'G# •F t i {ems .w '" r � � µ., .� .-! ;,� •(' F$*F, �mr �,ytiy y''� � �# ri,!,�p{Ist:i' 1 •r ..i kwyf 4� �iy' `'�Tl' '.i. F'F' � ,1 �}. - vi�..Y/. ''E INFORMATION OERNED 4v MEASUIPEO+REGARD iNPoRMA7�GQVe •ROUND UTILIT ES _NOT LOCAM- ARV$ •: � . ,�" ., ►+G OVER READ}UNQERGROUND P6WERIs NTFRLINE OF A 20UTILITY.-`A5EMENT,' ft 41. _WMENTS DATED I2•'S-SG �ITY EASEMENTS AtoNG, WEST_�ouEvonRY 'LOTI`M� 5Ae'T l?nQNDARY iR/ivr'A , CUE MEETLY' W THE c ? .... c Y civ �`L wr.. ITY. la A ii.i IV y LN ,ii�� ,r3�'"'o•'ci ',"? ' ••P � .x. • " i ' .�A'N't�'� f r� 1 r sr � �t1L �:• ��.K� •*� ; � �[ SAC r Y t • � i Ai -t�a ,t�. .�y • rti � 'iY '�, x •.S a.'g� f•.. i � Q/ 3' \�x. yjY� a 13 �g i q a 1"- I,! M! 1791-1991 CITY OF KENAI „od ed,d-ed 4 44".4a„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: John Williams, Mayor Ray Measles Councilman FROM: Charles A. Brown, Finance Director e-S4� DATE: October 4, 1990 SUBJECT: Revenue Bonds At last night's council meeting, during a break, I was asked to compute debt service requirements for a $1,000,000 revenue bond issue to finance an ice rink. I have briefly researched the use of revenue bonds for such purposes and discussed this with Judy Brady of the Alaska Municipal Bond Bank. In general, the primary advantage of a revenue bond issue, over a general obligation (G.O.) bond issue, is that the City would not have to pledge its full faith and credit (its taxing ability) toward repayment of principal and interest. In theory, this sounds pretty good: if the project is unsuccessful and it doesn't provide enough revenues to pay the debt, the bondholders lose and the City does not have to provide other sources to pay the debt. In practice, the bond buyers will likely view this project as risky; it is not one of the more common uses of revenue bonds, such as airports, water systems, and electrical systems. Therefore, the bond buyers will probably require additional security, such as a general government pledge of sales tax, for example. This would effectively make the bond G.O. debt. In either case, revenue or G.O. debt, the interest rate would probably be similar, about 7.8%. Straight G.O. debt is much simpler to issue. Either type of issue should be tax exempt, thus the low rate. The only concern I can think of, given the lack of information I have on the details of the project, is the area of "private activity." If the bonds are deemed to be for a private activity, they may have a taxable status and a much higher interest rate. In general, the facility John Williams Ray Measles October 4, 1990 Page Two simply must be open to the public; no more than 10a of the bond proceeds may be used for any private business use. I think that it's highly unlikely that this will be a problem, but it's worth mentioning early. My example is: 1) $1,000,000 debt. 2) 7.8% interest. 3) Even semi-annual payments over twenty-three years. The result is a debt service of about $47,000 semi-annually, or $94,000 per year. In computing a breakeven point, it is proper to include depreciation as a cost, but to exclude the principal portion of the debt payments. But, let's keep it simple for now and simply use the entire debt payment and exclude depreciation; it's pretty close. So, add $94,000 to projected annual operation and maintenance costs, including personnel, utilities, etc. Then, compare that figure to your estimated revenue. If it's any help, for fiscal year 1988-89, the Soldotna Sports Center had $141,000 of revenue from the ice arena. (The entire Sports Center incurred almost $298,000 of operating loss that year, of which about $263,000 was a result of depreciation). I've enclosed a debt service printout, information from "Government Debt Financing", and part of Soldotna's June 30, 1989 financial statement. Good luck. ----------------------------------------------------------------------------- KF.NAI-ICE RINK ----------------------------------------------------------------------------- 10-04=1990-13e11:09-P - '- — - Compounding interval: Semiannual Annual percentage rate......: 7.800% �- Effective annual rate.-.—.-.:-7.952% Rate per compounding period.: 3.9000% Equivalent daily rate.......; 0.02137% Valuation date: 01-01-1991 Value: $ 1,000,000.00 CASH FLOW DATA-- -- --- - - ----------------------------------------------------------------------------- First date Payment amount -#- Interval Last date -------------------------------------------------------------------------------- 07-01-1991 $ 47,104.97 46 Semiannual 01-01-2014 /1 AMORTIZATION SCHEDULE---- Normal amortization - - - ----------------------------------------------------------------------------- Pmt Date Payment Interest Principal Balance _ Balance at 01-01-1991 11000,000.00 - 1991 totals 47,104.97-- 39,000.00- - - 8,104,97 ----.-991,895r03 ------ -- _ 1992 totals 94,209.94 77,039.39 17,170.55 974,724.48 t 1993 totals 94,209.94 75,673.97 18,535.97 956,188.51 1994 totals 94,209.94 74,199.97 -- - 20,009.97---- 936,178.54 ---- --- - - 1995 totals 94,209.94 72,608.76 21,601.18 914,577.36 Q 1996 totals 94,209.94 70,891.02 23,318.92 891,258.44 1997 totals - - 94,209.94 - 69,036.67----- 25,173.27---- 866,085=17 --- 1998 totals 94,209.94 67,034.86 27,175.08 838,910.09 J 1999 totals 94.209.94 64,873.87 29,336.07 809,574.02 2000 totals -- - - -94, 209.94 - 62, 541.05 31,668.89 —777-, 905,-13 ------- - - --- - -- 2001 totals 94,209.94 60,022.70 34,187.24 i 743,717.89 , 2002 totals 94,209.94 57,304.10 36,905.84 706,812.05 KENAI-ICE RINK ----------------------------------------------------------------------------- 10-04-1990 15:11:09 Pg 2 Pmt Date Payment Interest Principal Balance 2003 totals 94,209.94 54,369.31 39,840.63 666,971.42 2004 totals 94,209.94 51,201.15 43,008.79 623,962.63 2005 totals - --- 94,209.94-- ---47,781.04 - --- 46,428.90 ---577,533:73-------- — ------ — ----- - - 2006 totals 94,209.94 44,088.97 50,120.97 527,412.76 2007 totals 94,209.94 40,103.30 54,106.64 473,306.12 2008 totals - - -- 94, 209. 94 - - .-._. 35, 800. 68 - .--.---58, 409. 26 --- 414, 896.86 ---- -- - --- ----- 2009 totals 94,209.94 31,155.92 63,054.02 351,842.84 2010 totals 94,209.94 26,141.80 68,068.14 283,774.70 2011 totals--------94,209.94--- 20,728:95-----73,480.99 -210,293,71 — -- — -- 2012 totals 94,209.94 14,885.67 79,324.27 130,969.44 2013 totals 94,209.94 8,577.73 85,632.21 45,337.23 2014 totals - 47,104.97 - --1,767.74----- 45,337.23-----.---0.00— ---------- Grand totals 2,166,828.62 1,166,828.62 1,000,000.00 C § 2:12 GOVERNMENT DEBT FINANCING which may be issued, may be "indirect" in the sense that the amount of tax which may be levied on property to pay the debt is limited, or may be of both types. In some cases, however, those limitations can be avoided through a pledge limited to the special assessments, without any pledge of the issuer's general credit. As with special obli- gation or special tax bondS2 or revenue bonds,3 such a course can increase the risk, and investors may require a higher yield since the return of principal and the payment of interest are dependent solely upon receipt of moneys from the property owners or through proceedings against the land assessed. 1 See § 2:04 and ch 9. 2 See § 2:07. 3 See § 2:12. IV. REVENUE BONDS § 2:12. In General. Revenue bonds were originally developed as a mechanism to permit states and local governments, either directly or through public authorities, public corporations or other gov- ernmental entities with appropriate authority to issue reve- nue bonds, to finance public projects on a self-liquidating basis with the proceeds of obligations secured solely by the revenues derived from the project financed. Revenue bonds are, there- fore, not general obligations of the issuer. Through the issuance of revenue bonds, state and local governments have been able to undertake billions of dollars of a wide range of capital improvements without placing an additional burden on their credit capacity or increasing their taxes to pay the debt service on the obligations. Projects fi- nanced with the proceeds of revenue bonds, as a practical mat- ter, are paid for by the users of the project. Common types of facilities financed include toll roads and turnpikes, water and sewer systems, airports, marine terminals, utilities, public transportation, and bridges and tunnels. In addition to revenue bonds issued to finance projects for use by the general public, states and local governments have for more than 50 years issued industrial revenue bonds' to Chap. 2—Page 10 C TRADITIONAL BONDS AND NOTES § 2:13 provide, in the interest of commerce and economic develop- ment, projects primarily for use by private entities. Revenue bonds also have been used to provide projects, such as hospi- tals, operated by nonprofit organizations. C Revenue bonds are frequently described by reference to the source of revenues pledged to the repayment of principal and payment of interest on the bonds.2 These revenues include user fees (water, sewer and electric) and tolls and other similar charges (highways, bridges, tunnels, landing fees, dock charges and other direct charges for the use of space at a pub- lic facility such as rent paid by airlines at an airport or a ship- ping company at a marine terminal). Special obligation or spe- cial tax bonds3 and special assessment bonds4 are examples of other types of revenue bonds. In addition to the revenues of a specific project pledged to the repayment of principal and the payment of interest on the bonds, the issuer may be authorized by appropriate legisla- tion to pledge a pool of revenues from more than one project or to impose special taxes, apply other revenues, or pledge its full faith and credits to the payment of debt service on the bonds. As with special obligation or special tax bonds and spe- cial assessment bonds, unless revenue bonds are specifically made "double-barrelled" by state or local law and agreement with the bondholders, the issuer generally would not be liable for the repayment of principal or the payment of interest on the bonds, other than from the pledged revenues. 1 See § 2:18 with respect to industrial revenue bonds and ch 6 with re- spect to restrictions imposed by the Internal Revenue Code of 1954, as amended, on the issuance of industrial revenue bonds. 2 Fundamentals of Municipal Bonds p. 19 (1982). 3 See § 2:05. 4 See § 2:08. 5 McQuillin Mun Corp § 43.131 (3rd Ed) (contains a general description of some possible additional sources of security). § 2:13. Applicability of Debt Ceilings. As a rule, state debt ceiling laws' are inapplicable to reve- nue bonds. This is particularly true where no part of the proj- ect had been previously owned or operated by the issuer and no revenue had previously been available from the project for Chap. 2—Page 11 C § 2:14 GOVERNMENT DEBT FINANCING the payment of other debt subject to the ceiling.2 As with spe- cial obligation or special tax bonds3 and special assessment bonds4 the relevant state debt ceiling law may become applica- ble to the extent that the issuer pledges its general credit to provide additional security for the revenue bonds. ' See § 2:04 and ch 9. 2 Corpus Juris Secundum § 1853(b). 3 See § 2:05. 4 See § 2:08. § 2:14. Covenants and Revenue Pledges. Because bonds secured by particular revenues are consid- ered usually to be less credit -worthy than general obligation bonds issued by the same governmental entity, revenue bonds are almost always issued with various restrictive covenants and specific revenue pledges. In the case of a revenue bond issued to finance a particu- lar project, the issuer will generally covenant to issue all bonds necessary to finance the completion of construction of the project and to complete the construction of the project ex- peditiously. In the case of a revenue bond issued to finance a series of related or unrelated projects to be undertaken by the same issuer, the issuer will generally covenant that additional bonds, secured by the same revenue stream, cannot be issued unless a specified revenue test can be satisfied. The revenue test generally takes one or both of two forms. One form is that current revenues must be at least sufficient to cover a specified percentage (e.g., 150%) of debt service on both the outstanding bonds and the new bonds for a specified foreseeable time period (i.e., one year). The second form of rev- enue pledge is that current revenues must be at least suffi- cient to cover a specified percentage (e.g., 120%) of the future maximum debt service on both the outstanding and the new bonds. Additionally, as a general rule, revenue bonds are secured by a first lien upon all net revenues generated by the project or projects financed. The only expenses that generally have a priority over the payment of debt service on revenue bonds are operating and maintenance expenses, including wages. _ Chap. 2—Page 12 I N TRADITIONAL BONDS AND NOTES § 2:15 In addition to the lien on the pledged revenues, issuers generally covenant with the holders of the revenue bonds to fix, establish and collect rates, fees, toll or other charges, as appropriate, in connection with the project or projects fi- nanced. In that manner, sufficient net revenues may be pro- duced at all times to repay principal and pay interest on the bonds. If the issuer is an entity created by state or local law, the creating government also by appropriate law may adopt a similar covenant stating that it will not impair the ability of the issuer to so fix, establish and collect such rates, fees, tolls or other charges. Other covenants frequently included in revenue bond is- sues include provision for the amortization of bonds through either sinking funds or serial maturities, the maintenance of specified amounts of reserve funds consistent with the Inter- nal Revenue Code of 1954, as amended,' restrictions on the investment of the bond proceeds and specification of a possible secondary source of funds for the payment of operating and maintenance expenses of the financed project or projects should the revenues from the project or projects not be suffi- cient to pay such expenses. Issuers generally also covenant to do all things required by applicable law with respect to the financed project or projects and to provide appropriate insur- ance. It is well -settled that covenants once entered into cannot be changed.2 ' See §§ 5:31-5:36 and ch 7 with respect to restrictions on reserve funds imposed by Section 103(c) of the Internal Revenue Code of 1954, as amended. 2 U.S. Trust Co. v. New Jersey, 431 US 1, 52 L Ed2d 92,97 S Ct 1505 (1977); Patterson v. Carey, 41 NY2d 714, 395 NYS2d 411, 363 NE2d 1146 (1977). V. LEASE FINANCING § 2:15. In General. Under the laws of some states, lease financing can provide a useful means for the financing of public improvements.' The .value of the technique depends in part upon the proclivity of the courts and the legislatures of particular states to view Chap. 2—Page 13 am I I L § 2:16 GOVERNMENT DEBT FINANCING lease financing as falling outside the applicable debt limita- tions.2 To avoid those limitations in lease financing, it is usu- ally necessary to require that amounts be appropriated each year for payment of rentals due in that year. That require- ment may be interpreted so that no "debt" has been created,3 but it also subjects investors to a risk of nonappropriation. Certain limited protective provisions4 can be inserted in the lease instruments for the benefit of investors. Those pro- tective provisions include representations or agreements by the issuer or by particular departments or officials of the is- suer to budget for the lease payments, to use "best efforts" to obtain legislative approval of the budgeted amount, and not to utilize other property in substitution for the leased property for a limited period. The last type of provision may present questions of enforceability where property essential to vital services, such as fire trucks, may be involved. Lease financings can be helpful to finance improvements which would appear to be important to the issuer and with respect to which substitution of new property cannot be made easily. ' See ch 3. 2 See §§ 2:04, 9:01-9:07. 3 See Protsman v. Jefferson -Craig Consolidated School Corp., 109 NE2d 889 (Ind, 1953). 4 See §§ 3:14-3:17. § 2:16. Lease Participation Certificates. Participation certificates in a lease of a public facility may be issued to investors. Both for tax' and securities2 law purposes, those certificates are treated as obligations of state and political subdivisions. As a result, the certificates can be exempt from the securities law registration requirements3 and the portion of the lease payments corresponding to inter- est can represent tax-exempt interest for federal income tax purposes. ' See, e.g., Ltr Rul 8201055 (Oct. 8, 1981). 'See, e.g., SEC No -Action Letter granted in Lakeland School Construc- tion Co., Inc. (available Jan. 2, 1972). 3 See ch 8. Chap. 2—Page 14 _., TRADITIONAL BONDS AND NOTES § 2:18 § 2:17. Equipment Leases. Lease financing can operate particularly well with re- spect to equipment having a relatively short life. While lease financing has worked, and continues to work with respect to the financing of schools and other substantial public facilities, the leasing of copying machines, computers, office equipment and vehicles may be somewhat easier to manage in many cir- cumstances. In those latter cases, the commitment of the is- suer to use its best efforts to appropriate the necessary moneys need not be outstanding for so long a period as in the case of substantial facilities subject to long-term financing. If a state or local government may not issue bonds for operating ex- penses, lease financing may also permit a state or local gov- ernment to finance equipment over the expected useful life of the equipment is purchased. VI. INDUSTRIAL REVENUE BONDS § 2:18. In General. Industrial revenue bonds are securities issued by state and local governments and political subdivisions for purposes which are deemed under state law and the Internal Revenue Code of 1954, as amended, to be of particular benefit to certain private users. The form of financing first arose in the 1930's in southern states, such as Mississippi, and its use burgeoned in the late 1960's and into the early 1980's. Over the years, there has been a great deal of hostility toward industrial reve- nue bonds by the Internal Revenue Service and by particular members of Congress. The result has been increasing complex- ity and expanding prohibitions on the use of those securities.' Under the Internal Revenue Code, industrial revenue bonds are included in the definition of industrial development bonds2 which includes not only bonds issued specifically to fi- nance small industrial and commercial enterprises, but also bonds issued to finance rental housing, mass transit facilities, convention and sports facilities, water, sewer and other utility facilities and a variety of other improvements, including air- ports and marine terminal facilities, which are not so clearly Chap. 2—Page 15 l § 2:19 GOVERNMENT DEBT FINANCING of a purely private nature, even though their use may be di- rected in some respects toward one or a few private users.3 ' See Ch 5. 2Industrial development bonds are discussed at length in ch 7. 3 See Doty, Tax -Exempt Financing 3-31 (Sorg Printing Co., Chicago, 1982). § 2:19. Public Purpose Requirement. A common requirement in state constitutional and statu- tory provisions is that public moneys be expended for a public purpose.' A similar requirement has been imposed for federal income tax purposes.2 A number of states found relatively easy a public purpose in the expenditure of funds to encourage economic develop- ment.3 Other states, however, have found such a determina- tion to be more difficult.° Over the years, a variety of constitu- tional and statutory amendments were adopted or enacted5 so that industrial and commercial revenue financing in some form now can be utilized in virtually all states. That does not mean, however, that industrial revenue financing has been permitted in an unfettered manner. It is necessary to review the constitutional and statutory provisions of each particular state in some detail in order to determine whether a particu- lar type of project may be financed under those provisions. 1 See e.g., Pipestone v. Madsen, 178 NW2d 594 (Minn, 1970). 2 See ch 5. 3 See, e.g., Pipestone v. Madsen,178 NW2d 594, at 600 n. 3 (Minn,1970). See, e.g., Pipestone v. Madsen,178 NNV2d 594, at 600 n. 3 (Minn,1970). S See, e.g., Ohio Const art VIII, § 13. § 2:20. Restrictions on Lending Aid or Credit. The constitutions or statutes of a number of states restrict the lending of the credit of a public entity for the benefit of private users, such as may be deemed to occur with industrial development bonds.' In some cases, those prohibitions arose as a result of the extension of the railroads in the 1800's. The extensions enticed a number of communities to over -extend themselves in their zeal to finance the construction of the rail- roads, which they saw as providing a potential economic boom, Chap. 2—Page 16 C. C It TRADITIONAL BONDS AND NOTES § 2:22 and resulted in defaults and financial disaster for their citi- zenry. The restrictions on lending aid or credit are not to be taken lightly. At times, they have been extended even to the point of prohibiting joint public -private ownership.2 Prohibitions against lending aid or credit often entail many subtleties. Careful analysis is required to avoid the con- sequences of decisions illustrated most recently in connection with the default of the Washington Public Power Supply Sys- tem.3 ' See, e.g., Ohio Const art VIII, § 6. 2 See, e.g., Ohio Const art VIII, § 6. 3 See §§ 8:04, 12:04. § 2:21. Tax Requirements. The federal income tax requirements related to the issu- ance of industrial revenue bonds are complex.' Just as careful and specific analysis of state law is necessary in the conduct of an industrial revenue bond financing, so also the federal in- come tax requirements must be understood and followed. It should be noted that a particular financing which may not constitute an industrial revenue bond financing under ap- plicable state law may be an industrial revenue bond financ- ing for federal income tax purposes. ' See ch 5. VII. MORAL OBLIGATION BONDS § 2:22. In General. A moral obligation bond is a bond which as a legal matter is secured solely by specified revenues pledged by the issuer of the bond. This pledge is then coupled with the so-called "moral obligation" of a state or local government entity to pro- vide additional security for the bonds. These bonds have generally been authorized to finance capital projects on a revenue bond basis where the revenues from the projects alone may not be considered sufficient, in Chap. 2—Page 17 C CITY OF SOLDOTNA, ALASKA Enterprise Funds Combining Statement of Revenues, Expenses and Changes in Retained Earnings (Deficits) Year Ended June 30, 1989 With Comparative Totals for Year Ended June 30, 1988 Operating revenues: Sever service Water service Airport service Iee arena Concessions Special events and convention hall Other revenues Total operating revenues Operating expenses: Wages and benefits Supplies Services/charges Depreciation Other Total operating expenses Loss from operations Nonoperating revenue: Interest income Connection charges Reimbursement from FAA Litigation proceeds Total conoperating revenue Nonoperating expense - construction and litigation Loss before operating transfers Net operating transfers in (out) Net income (loss) Depreciation of assets acquired with contributions in aid of construction Earnings (loss) transferred to retained earnings (deficit) Beginning retained earnings (deficit) Ending retained earnings (deficit) Exhibit I-2 Snorts Center Public Combined Totals Operating Capital otal Utility Airport 1989 1988 $ - - - 334,051 - 334,051 330,581 - - - 189,234 - 189,234 188,004 - - - - 72,344 72,344 71,457 141,193 - 241,193 - - 141,193 148,185 53,003 - 53,003 - - 53,003 42,935 126,703 - 126,703 - - 126,703 49,899 37,575 37.575 7,793 45,368 54.199 358,474 - 358,474 531,078 72,341, 961,896 885,260 149,330 - 149,330 255,859 42,932 448,121 436,044 27,530 - 27,530 23,320 1,040 51,890 55,313 198,111 18,134 216,245 329,018 170,198 715,461 657,179 - 263,281 263,281 355,917 149,035 768,233 725,465 96,849 96,849 15.460 374,971 281,415 656,386 2,060,963 363.205 2.080,554 1,889,461 (16,497) (281,425) (297,912) (529,885) (290,861) (1,118,658) (1,004,201) 54,331 - 54,331 49,561 66,113 - 66,113 27,188 - - - 184,078 184,078 10,266 248.000 248,000 - - 248,000 - 248,000 248.000 120,444 184.078 552,522 87,015 86,455 86.455 - 86,455 (26,497) (129,870) (136,367) (409,441) (106,783) (652,591) (917,186) 99,700 99,700 (54,000) 185.565 231,265 200,361 (16,497) (20,170) (36,667) (463,441) 78,782 (421,326) (716,825) 259,341 259,341 341.455 149.035 749,831 725.465 (16,497) 239,171 222,674 (221,986) 227,817 328,505 8,640 (62,774) 15,480 (47.294) 1,517,723 325,417 1,785,846 1,777,206 $ (79,271) 254,651 275,380 1,395,737 543,234 2,114,351 1,785,846 SELECTED COMPONENT EXPENSES OF THE PUBLIC UTILITY FUND Sewer Treatment Plant Water ges and benefits 148,062 55,444 oupplies 15,488 7,469 Services/charges 94,576 164,993 Sever Total 52,353 255,859 363 23,320 69,449 329,018 -73- 1791-1991 %��� CITY OF KER_ 210 FIDALGO KENAI, ALASKA M11 TELEPHONE 283 - 753s FAX 907-283-3014 TO: Kenai City Council FROM: Planning & Zoning Commission)& DATE: October 12, 1990 RE: Petition to Vacate Ten foot Utility Easement within easterly boundary Tract A, Central Heights Fourth Addition, Plat 88-54 KRD At there last meeting, the Commission reviewed the above referenced vacation request and took the following action: Commissioner Gravely moved for approval of Petition to Vacate. Commissioner McComsey seconded. Approved by unanimous consent. A % KENAI PENINSULA BOROUGH 144 N. BINKLEY • SOLDOTNA. ALASKA 99669 PHONE (907) 262-4441 September 28, 1990 City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 0 1/(g1op ty1111111i1�8 �• , DON GILMAN MAYOR RE: Petition to Vacate Ten foot Utility Easement within easterly boundary Tract A, Central Heights Fourth Addition, Plat 88-54 KRD In accordance with AS 29.40.140, no vacation of a city street and/or easement may be made without the consent of the City Council. This vacation action has been approved by the Planning Commission, therefore, it is being sent to the Kenai City Council for their consideration and action. The Council has 30 days from September 24, 1990 in which to veto the decision of the Planning Commission. If no veto is received by the Commission within the 30-day period, the decision of the Commission will stand. The vacation request has been approved subject to the conditions set out in the attached minutes. Sincerely, Richard P. Troe r Planning Director RPT/nj Attachments AGENDA ITEM F. PUBLIC HEARINGS 5. Petition to vacate ten foot utility easement within easterly boundary Tract A, Central Heights Fourth Addition, plat 88-54 KRD; and vacate ten foot utility easement within westerly boundary of Lot 1, Jahrig Subdivision plat 86-173 KRD. Within Section 4, Township 5 North, Range 11 West, Seward Meridian, City of Kenai, Kenai Recording District, Alaska. KPB File 90-104 Staff report as presented by Dick Troeger: Petitioner(s): Will Jahrig of Kenai, Alaska. Purpose as stated in petition: To build house on easement. I own Lot 16, Block 1, Central Heights First Addition; Tract A, (6,148 s.f.) Central Heights Fourth Addition; and Lot 1, Jahrig Subdivi- sion. Public Notice appeared in the September 14 and 19, 1990 issues of the Peninsula Clarion. Twenty-three certified mailings were sent to owners of property within 300 feet; and to other interested parties. Twenty-two of the receipts have been returned. Statement of non -objection from Homer Electric Association. No statements of objection received. Findings of Fact 1. Sufficient easements have been granted to serve surrounding properties. 2. Per Petition, utility easement is not being used for utili- ties. 3. No surrounding properties will be denied utilities. 4. Proposed vacation, if approved, will be accomplished by Planning Commission Resolution, plat will not be required. STAFF RECOMMENDATIONS: Adopt Planning Commission Resolution 90-20, thereby approving the vacation of the utility easement as request- ed; subject to the following conditions: 1. Filing of Planning Commission Resolution in appropriate Recording District. 2. The City Council of the City of Kenai, has thirty days in which they may veto Planning Commission approval of the vacation. END OF STAFF REPORT Chairman Anderson opened the public hearing for testimony. Seeing and hearing no one wishing to comment, the public hearing was closed and opened for discussion among the commissioners. MOTION: Commissioner Bryson, seconded by Commissioner Kyllonen, moved to adopt Planning Commission Resolution 90-20 thereby approving the vacation of the utility easement as requested subject to staff recommendations. VOTE: A roll call vote was taken with all commissioners present voting yes. The motion carried. KPB PLANNING COMMISSION MEETING SEPTEMBER 24, 1990 111 'A. lt�' a0 �tldiT IT �7 PETITION TO VACATE [_] Fees - $200 non-refundable fee to help defray costs of adver- tising public hearing. Plat fees are in addition to vacation fee. [_J a public right-of-way dedicated by Subdivision ailed as Plat No. in Recording District. [ Utility easement as granted by Subdivision, filed as Plat No. in cording District. 8T-5q 8H- Z 3-66 [_] Easement for public road or right-of-way as set out in (specify type of document) as recorded in Book Page of the Recording District. (Copy of recorded document to be submitted with petition) [_] Section line easement [_] Submit three copies of plat or map showing proposed vacation. If right-of-way or easement were granted by document; copy of document must be submitted. Has right-of-way been fully or partially constructed? [] Yes [] No Is right-of-way used by vehicles or pedestrians? [] Yes [] No Is Section line easement being used for access? Is utility easement being used by utility company? If yes, which utility company? [] Yes [] No 'Yes No i Purpose of vacation /o 6d'ye vSg pN )"SkTmgwf Petitioner must provide reasonable justification for the vacation. Petition must be signed by owners of majority of the front feet of land fronting part of street; section line easement; or easement proposed to be vacated. Each must include mailing address and legal description of his/her property. Submitted by: Name Address }�. ga e+ Phone lqlf-? gp1(4— Petitioners n� _ Name: C ) X� Address: o K im A Owner of Sri o F prcad'o- (property description) Name: Address: Name: Address: Owner of Name: Address: (Property description) Owner of Owner of (property description) (Property description) 1791-1991 CITY OF KENA1 "Od u0apda� 4 4ia4"" 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283.3014 MEMORANDUM TO: Planning & Zoning Commision Members FROM: Loretta Harvey DATE: October 4, 1990 SUBJECT: Vacation Request: 10 foot Utility Easement within easterly boundary Tract A, Central Heights Fourth Addition, Plat 88-54 KRD Background Applicant: Legal Description: Existing Zoning Current Land Use: Proposed Land Use: Action Requested: Vacation Comments Will Jahrig Section 4, Township 5 North, Range 11 West, Seward Meridian Suburban Residential (RS) Undesignated To build house on easement Recommend Approval of The Planning Staff has no objection to this Vacation Request. A PENINSULA CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that petitions have been received to vacate public access easements; section line easement; dedicated public right-of-way, and utility easements. Area under consider- ation is described as follows: -------- 7------------------------------- I. A. Location and' Request: Vacate two fifty foot wide public access easements within Southeast 1/4 Northeast 1/4 Southwest 1/4, Section 17, Township 3 North, Range 11 West, Seward Meridian, Kenai Recording District, Alaska. Easement across northern 50 feet was granted by document recorded at Book 353, Page 356 KRD. North -south easement 230 feet west of the east boundary was granted by document recorded at Book 271, Page 001 KRD. B. Purpose as stated in petition: The two ten acre parcels m/1 described below are being replatted into one parcel. A 50' right-of-way will be dedicated along the southern boundary and a 30' right-of-way will be dedicated along the entire length of the western boundary. These dedications will provide alternative right-of-way dedication to surrounding properties negating the need for these public road easements within the interior of the parcels. (Parcels to be combined are the NE1/4 NE1/4 SW1/4 and the SE1/4 NE1/4 SW1/4). C. Petitioner(s): Rita and Robert McCurdy of Kasilof, Alaska. II. A. Location and Request: Vacate portion of 66' section line easement lying between Douglas Lake and the northern boundary of Lots 5 and 6, Douglas Lake Subdivision. Being within Sections 28 and 29, Township 7 North, Range 11 West, Seward Meridian, Kenai Recording District, Alaska. B. Purpose as stated in petition: Due to the contour of the land and position of Lake Douglas, the access to the proper- ties intersected by this section line ws better provided by the construction of Douglas Lane years ago. In its current position, this section line easement interferes with building on and the development of these properties. C. Petitioner (s) : Ted L. Gray, Kenai; Roni & Debbie Carmon, Kenai; John Amundson, Kenai; Leon Nichols, Nikiski; and Darlene M. McCollum Trustee for Lori L. Carr, Nikiski. ---------------------------------------- III. A. Location and Request: Vacate entire of Yewell Court n public right-of-way as dedicated by Stubblefield Subdivision Addition No. 3, plat 77-48 KRD; and vacate ten foot utility easement adjacent to easterly boundary of Lot 15, Block 3, Stubblefield Subdivision Addition No. 3, plat 77-48. Being within Section 21, Township 4 North, Range 11 West, Seward Meridian, Kenai Recording District, Alaska. B. Purpose as stated in petition: Due to location of various improvements we request that the K.P.B. vacate Yewell Court and grant preliminary approval for the replat of Lots 10, 12, 13, 14, 15, Block 3 into 2 lots which would have access to Stubblefield Drive. C. Petitioner(s): Dale and Rhoda Dolifka of Kenai, Alaska. IV. A. Location and Request: Vacate ten foot utility easement within easterly boundary of Tract A, Central Heights Fourth Addition, plat 88-54 KRD; and vacate ten foot utility easement within westerly boundary of Lot 1, Jahrig Subdivision plat 86- 173 KRD. Being within Section 4, Township 5 North, Range 11 West, Seward Meridian, City of Kenai, Kenai Recording Dis- trict, Alaska. B. Purpose as stated in petition: To build house on ease- ment. I own Lot 16, Block 1, Central Heights First Addition, Tract A, (6,148 s.f.) Central Heights Fourth Addition, and Lot 1, Jahrig Subdivision. C. Petitioner(s): Will Jahrig of Kenai, Alaska. Public Hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, September 24, 1990, commencing at 7:30 p.m., or as soon thereafter as business permits, to be held in the Borough Administration Building Soldotna, Alaska. Anyone wishing to testify may come to the above meeting to give testimony; or may submit a written statement to the attention of Richard Troeger or Robbie Harris, Kenai Peninsula Borough Planning Department, 144 N. Binkley Street, Soldotna, Alaska 99669. Written testimony should be received by Planning Department no later than Thursday, September 20, 1990. For additional information contact Robbie Harris or Richard Troeger, Resource Planning Department, 262-4441 (1-800-478-4441 toll free within Kenai Peninsula Borough). Robbie Harris Platting Officer Publish 2X (September 14 & 19, 1990) Crl. j SCL.iOTNA. ALASKA 99669 SHIP TO: To ACOAESS— _-- -- •—--------._._..---__�__._._._..._.—..__....—_ C;TY .-- -- --- --- ---- — ------------ OATECFOaCE.9 JOArEREQUIRED I SHIPVIA I F.O.B. TEAMS ITe NO. DESCRIPTION OR ARTICLE J - --- ----- ---- �3. Ida e V-0, c Z) e- Z, 117� VENCCR NUM8EA BUDGE-3AUTHORIZA ANT.OROI UNIT I UNIT PRICE I AMCU J-I C9- 199- . TOTAL ► ACC=.14T NUM8E° AMOUNT ACC::t:'rT 'jV.#gEo ! AMOUNT ACCOUNT NUMBER AMOUNT I CE.e-TIFY THAT THE IT --EMS ABCVE IN THE CUANIITIES ANO EYCE?T!CNS SFiC':JN HAVE BEEN RECEIVED. CEPARTMENr SIG::EC a OEPAHimtN T HEAO PETITION TO VACAT [_] Fees - $200 non-refundable fee to help defray costs of adver- tising public hearing. Plat fees are in addition to vacation fee. [_] a public right-of-way dedicated by Subdivision filed as Plat No. in Recording District. [ Utility easement as granted by Subdivision, filed as Plat No. in Recording District. 8iSi_)q r x/� !i x-T _6 6 [_] Easement for public road or right-of-way as set out in (specify type of document) as recorded in Book Page of the Recording District. (Copy of recorded document to be submitted with petition) [_] Section line easement [_] Submit three copies of plat or map showing proposed vacation. If right-of-way or easement were granted by document; copy of document must be submitted. Has right-of-way been fully or partially constructed? [] Yes [] No Is right-of-way used by vehicles or pedestrians? [] Yes [] No Is Section line easement being used for access? Is utility easement being used by utility company? If yes, which utility company? L �p SrFM�! Purpose of vacation /o a✓��o( %��.s� aN A 1 0 1- + 41-Y k' 1 K 1 c� I +L 5At-� i KR_ 6, 14C.S.F. t - S ✓Qp; d.'r; d .J [] Yes [] No JI—Tes No Petitioner must provide reasonable justification for the vacation. Petition must be signed by owners of majority of the front feet of land fronting part of street; section line easement; or easement proposed to be vacated. Each must include mailing address and legal description of his/her property.. Submitted by: Name CNDr%At-W/6- ft Address !/qq all Phone Petition�erls Name: W ` Address: Ad . �Wl Owner of Aff of Agovr Name: Address: Owner of WHO (property description) property description) Name: _ Address: Owner of Name: Address: Owner of (Property description) roperty description lic right-of-way as dedicated by Stubblefield S ision Ad on No. 3, plat 77-48 KRD; and vacate ten of utility ease adjacent to easterly boundary of 15. Block 3, St ubblef d Subdivision Addition No. 3 at 77-48. Being within Sect 21, Township 4 Nort ange 11 West, Seward Meridian, Kena ecording Distri , Alaska. B. Purpose as state n tion: Due to location of various improvements we reques at the K.P.B. vacate Yewell Court and grant prelimina ppro for the replat of Lots 10, 12, 13, 14, 15, Bloc' into 2 to which would have access to Stubblefield ve. C. P ioner(s): Dale and Rhoda Dolif f Kenai, Alaska. --------------------------------------- ..s IV. A. Location and Request: Vacate ten foot utility easement within easterly boundary of Tract A, Central Heights Fourth Addition, plat 88-54 KRD; and vacate ten foot utility easement within westerly boundary of Lot 1, Jahrig Subdivision plat 86= `•'� 173 KRD. Being within Section 4, Township 5 North, Range,z11-.,* West, Seward Meridian, City of Kenai, Kenai Recording Dis- trict, Alaska. B. . Purpose as stated in petition: To build house on'�"eea ment. I own Lot 16, Block 1, Central Heights First Addition, p. Tract A, (6,148 s.f.) Central Heights Fourth Additionand .Lot\ 1, Jahrig Subdivision. U C. Petitioner(s): Will Jahrig of Kenai, Alaska: ---------------------------------------- z r Public Hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, September 24, 1990, commencing at 7:30 p.m., _ or as soon thereafter as business permits, to be held in the Borough Administration Building Soldotna, Alaska. Anyone wishing to testify may come to the above meeting to give testimony; or may submit a written statement to the attention of Richard Troeger or Robbie Harris, Kenai Peninsula Borough Planning Department, 144 N. Binkley Street, Soldotna, Alaska 99669. Written testimony should be received by Planning Department no later than Thursday, September 20, 1990. For additional information contact Robbie Harris or Richard Troeger, Resource Planning Department, 262-4441 (1-800-478-4441 toll free within Kenai Peninsula Borough). Robbie Harris Platting Officer Publish 2X (September 14 & 19, 1990) '-i851-5.. 1977 vl Fnd 3-1/4"AICOP '�IZ wo — _ 10= 0) ^:Q lui 1 0; In a� ti �'Co 0i -'I Q Q] I �! N 1/16 Fnd 2" Al Cap C-263 I / / I e— — — — — — — — — — m PORTLOCK ST. _ m am —' Z QO o i`�'��ITrj ��l �Ir 1,'I�-r'{. v i\ i-t ,11 ;�jr•�,a i1 •�, ;�, �l Z I �� �." I , .._ 1I: V 115 �S , \ I33' 30' I If \ � S 09'55'00'E 132.24 \ - 1� S 89°52'00"E 131.95 , .. .. _ - ON J ° I.. ,. \ � TRACT A ,TO 4 0 JRD CHORD BRG 31 N 65034'51°W 47 S 63035'11"E I' 6,148 S.F by DOW - .Ii QII-7 ::�J��Ji,V/I:,il.��� Do- 0.TRACT / r / ey EI �O N/ �1 Q� 1982 c1 o-O (JIVO YI o fo/7O sA� 20" 1 \ ,p ti R �q ,y 0 z 33 —� S I ti u7 Q 1 V TRACT B ( See Detail) (See Special Note) USS 104 cc r� A I a* n i I, r,l^� i L. Q Alaska Department of Commerce Games of Chance and Contests of Skill and Economic Development PERMIT A P P L I CAT I O N Division of Occupational Licensing PO. Boa D Juneau, AK 99811-0800 AS 05.15.020 and 15 AAC 105.100(a) Please read the instructions before completing this application All sections of the application must be completed 4_� lvvu 1. NAME OF ORGANIZATION4ChGI-', ULAA Ov0 ovi-I1Q U. k✓RENEWAL APPLICATION n �� C Most Recent Year � � �� i U 111 Permit Number,b Issued:_ Attach the following required items: Mailing Address ,K Current Alaska membership list (must have at least 25 members) k ❑ Copy of amendments to articles of incorporation and bylaws, I if any; include copy of amendment and certificate of amendment/incorporation/reinstatement. City, State, Zip Code WL �r� 6 (+ ❑ Board resolution or minutes appointing the primary member (see instructions.) C Proof of filing the application with the nearest city or borough 2. TYPE OF ORGANIZATION 3. TYPES OF GAMES. List by common (see instructions.) Check one box. For definitions name if other than those listed. See ❑ Gaming account number, bank and address. see AS 05.15.210 and AS 05.15.210 and 15 AAC 105.110 15 AAC 105.010. - .160. .160. a. Charitable ❑ a. Bingo NOTE: Bingo games must 68. NEW APPLICATION - b. Civic or Service no t be held more than nine oc- Number of years organization has been in existence in Alaska: c. Dog Mushers' Association casions in a calendar month with no more than 35 games per Attach the following required items: El Current Alaska membership list (must have at least 25 members) Xd. Educational session or series of games. ❑ Certified true copy of articles of incorporation, and copy of e. Fishing Derby Association b. Raffles 8 Lotteries bylaws and national and state charters. f. Fraternal p Copy of IRS certificate or tax letter or tax exemption issued ❑ g. Labor ❑ c. Pull -Tabs to nonprofit organizations, if applicable. ❑ d. Ice Classics ❑ Documentation showing organization has been in existence h. Municipality ❑ e. Dog Mushers' Contests in Alaska three years or more (e.g. bank statements, cor- i. Nonprofit Trade G f. Fish Derbies respondence to the organization, receipts for services Association O j. Outboard Motor O g. Rain Classics rendered or supplied, etc.) O Board resolution or minutes appointing primary ppointin the rima member Association ❑ h. MercuryClassics (see instructions.) k. Police or Fire Department C I. Goose Classic ❑ Proof of filing the application with the nearest city or borough and Company I' Salmon Classic (see instructions.) I. Political D k. Contests of Skill Name and Mailing Address of National Organization (if applicable): , m.Religious ❑ 1. Marksmanship n. Veterans Rifle, Archery or Pistol ❑ 2. Races 3. Track and Field Events 7A. ACTUAL 1989 GROSS RECEIPTS $ 4. ORGANIZED AS: �i Corporation 78. FEE. Check the appropriate box and enclose the correct amount. 0 Public Private 5. ESTIMATED 1990 GROSS RECEIPTS If gross receipts from all Then the Partnership Association GJ $ I K>V r 1j 1989 gaming activities were: Permit Fee is: X $0-$19,999; or if you are a New Applicant.............$20.00 ❑ $20,000.599,999 r/ ii e I� .................................... $50.00 I J ❑ $100,000 or more..................................$100.00 S. LOCAL OFFICERS (must be current bona fide members in good standing) NAME TITLE SOCIAL SECURITY NO. DAYTIME TELEPHONE NO. ' j� - l GQc -,/ �af r�2s a��-1 77 16j"An Z S� y-zo-07 2 k 3 Adc­27- (961 - 3 — 44 O,- - � ` T is r� ►� q 7¢ 1v --30 FOR DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT USE ONLY Data of Receipt Stamp Permit Number: Onto of Issue: Quarterly Reports Filed C 1 Financial Statement: ❑ Yes 1% Fee C Yes G No 08.4039 (Revised 4/90) 2 ❑ 3 ❑ 4 C No C New NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUEDL (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 plans to use the net proceeds from the gaming activities. Be specific. LCIL c{ �'` �r411�-♦a 8-►/ '� �� �rL�C.LtL`fi I A t j, lwx J� �,T_T_ ALIL 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. It any primary or alternate member in charge changes during the calendar year, you are required to notify the Department of the new person(s). Submit a copy of the board resolution or minutes of meetings appointing the primary member and giving authority to the primary member in charge to sign the application on behalf of the organization. A. PRIMARY B. ALTERNATE Name-, 1-t Daytime Telephone No. �- Name J Daytime Telephone No. _' 8- 41 s - 3 _ Mailing Address Social Security No. Mailing Address Social Security No, 1 U 17i0 of n&_( l �'(/•� -X-07 Q r '0 x- / City. State, Zip Code 1G WZ_ C�5(Il Title ra5. City, State, Zip Code ak Cn MI Tit t.oIc 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 xtreet Address of%Premi es lor Pch Gaming Activ' y, Attach Additional Page$ as N,eeded Daytime Telephone No. of Premises 1 IZ a-M-C (,1r" t 'Io +IL (OLr� to r-CP - CS ( 5 cad k Sf 1. J_ 2. 2. 3. 3. 4. 1 4. _5. I 5. 12. OPERATOR (it 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 Copy of Contract with Operator: i-I Is Attached f 1 Will be sent by certified mail no later than 15 days before the activities are conducted. 13. THESE QUESTIONS MUST BE ANSWERED. YES NO 'k 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? I 7c 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? I `)C C. Will any person listed in 10 or 12 above receive compensation of any kind from the receipts of the gaming activities? If yes, explain. 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. 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. 1 understand that any false statement made on this application is punishable by law. I further declare that two copies of this application have been delivered to the nearest city or borough office for review. Sig fur Printed Name Date 15. CITY OR BOROUhH RESPONSE TO APPLICATION. You must submit two copies of this ipplication 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 [ 1 No (Attach explanation of objection) Signature of Local Government Official Title Date Printed Name of Person Who Signed Telephone No. NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BY LAW. MII 08-4039 (2) DISCUSSION WITH MARLA HUSS REGARDING TOURISM FUNDING.C/%iA0) The Assembly passed a resolution for $120,000 to be used for generic tourism promotion. It is not targeted for specific areas. It will benefit overall and be good for all areas. Photographs of cities, communities, in the area would be included in the brochure. This was proposed prior to the Borough receiving the $7 million from Exxon. Seasons to be targeted by the brochure are April through June and September through October. The RFP has gone out and does not target any specific city. Advertising this week for the request for proposal. The RFP is for $120,000. Responses from other cities? Soldotna and Seward say no. Homer and Seldovia are interested. It is unclear how they could work Homer/Seldovia into the RFP. Could probably do a change order after selection of the contractor to included the cities interested. Ms. Huss is unsure of what the additional benefit would be for the City of Kenai's money. The non-areawide language was taken out of the resolution. The resolution speaks of the Kenai Peninsula. Mayor Williams asked if each city put in money, they would expect a section of the brochure to highlight that city. Ms. Huss said yes, that could be expected. However, that is where the expense would come in. They are willing to entertain more discussion from the cities. The will be talking more with Homer and Seldovia. There was a time crunch to get the RFP out before the end of the year for next Spring. Mayor Williams stated that they were probably aware of the City of Kenai's plans for the Bicentennial celebration. Over the last two years, and probably next year, they will have provided $300,000 of funding for the Bicentennial project and for the carry over into the operational phase of the Bureau. The City of Kenai will be investing $300,000 to promote tourism. The City Council is reluctant to be involved in the area -wide situation. However, it would be nice if a page of the Borough brochure could be dedicated to the Bicentennial theme. The Assembly may not like it if the City of Kenai is the only city going in on the project. They may worry that the brochure will be emphasizing the City of Kenai. At this time the City of Kenai will probably not participate. The Borough will review the RFP's and after evaluation, see how to fit cities in if they are still interested. -1- OVPA Mayor Williams asked when the Borough will be putting their capital improvement list together. Ms. Huss answered they have started. The plan is to have the first draft before the Assembly by October 30, 1990 and brought to them for approval on November 13, 1990. They will need the City of Kenai's list prior to November 13. Mayor Williams stated that the City Council has scheduled a work session for October 25, 1990 to discuss the possibility of putting in water and sewer utilities to the Thompson Park Subdivision. Ms. Huss stated that our list must be to the Borough by November 12. Mayor Williams stated that the Council could act on the list at the November 7, 1990 meeting and send the list on to the Borough by November 9, 1990. Mayor Williams stated that he will expand the items to be discussed at the work session to include other possible projects of the City of Kenai. Ms. Huss stated that one item which will have an affect on the City of Kenai is the consideration of placing a transfer site between Kenai and Nikiski. This site will be a major request similar to the Seward transfer site. One where a person can take hazardous waste, recycling materials, garbage, etc. Different receptacles for different waste. -2- 1791-1991 CITY OF KENAI ..ad ed,d<ul 4 4�", 11 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 MEMORANDUM TO: Councilmembers City of Kenai FROM: John J. Williams, Mayor City of Kenai DATE: October 11, 1990 RE: OCTOBER 25, 1990 WORK SESSION It has come to my attention that the Borough needs to develop their capital improvement project lists no later than November 9, 1990. Because of this contracted time schedule, it has become necessary for us to discuss capital improvement projects at large for the City of Kenai. I urge each of you, if at all possible, to attend the October 17, 1990 Council meeting and the work session of October 25, 1990. We will need to complete our list of potential capital improvement projects by October 25, 1990. A resolution will need to be before Council for approval at the November 7 meeting so that we may forward our list to the Borough with the resolution no later than November 9. Our list will then be included in the Borough's port folio of projects to request funding from the State Legislature. In requesting that you be diligent in your effort to attend these meetings (October 17, 25 and November 7), I must beg your indulgence and advise you that I will not be here for the meeting of November 7, the deadline for the resolution, since my wife and I will be in Seattle for medical purposes. I would urge that the work be completed and the resolution be passed. I will arrange with Clerk Freas for the signing of the resolution prior to my departure. I will call Clerk Freas on the -1- morning of November 8 to confirm the decision of the Council and authorize that the resolution, signed by me previously, be used or that any other resolution that is produced be signed by me as authorized by Council. I feel it necessary to include my signature on the resolution as this particular resolution will be going before the Legislature and should be recognized as being signed by the Mayor. Thank you very much for your help in this matter and I hope to see all of you at the upcoming meetings. JJW/clf -2- 1791-1991 CITY OF KENAI %Od ed,adai 4 4ia44a 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 PUBLIC MEETING NOTICE The Kenai City Council will be having a Work Session on Thursday, October 25, 1990 at 7:00 p.m. in the Council Chambers of the Kenai City Hall building. The following items will be discussed at that time: 1. Thompson Park water and sewer system, if appropriate. 2. Funding for additional paving in the City of Kenai. 3. Funding for congregate housing. 4. Potential funding for an ice skating facility. 5. Additional thoughts of Council. The public is invited to attend and participate. Carol L. Freas City Clerk 7 1791-1991 CITY OF KENAI „od ed,d-al 4 4�"" 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: William J. Brighton, City Manager FROM: Charles A. Brown, Finance Director e-9Q DATE: October 16, 1990 SUBJECT: Thompson Park Water and Sewer This information is being provided to you for the October 25, 1990 work session on Thompson Park water and sewer. In the attached public announcement of the meeting, the Mayor said that one of the items for discussion is the possibility of creating an assessment district. I thought that it might be useful to have a general idea how much the water and sewer assessments might be. These figures are based on a cursory review of dated information; they are not meant to be accurate, only a fair indication. Water is available to Thompson Park at the Spur Highway. A sewer interceptor will need to be constructed from Lawton Drive near the golf course. The sewer interceptor would probably cost about $1,600,000. Water and sewer laterals would have to be installed in Thompson Park. The estimated cost of each {water and sewer} is about $600,000. I have assumed that the City will be successful in obtaining a grant for the sewer interceptor. I have assumed that the full cost of the water and sewer laterals will be funded by the City and/or assessments. The per lot cost of the water and sewer laterals is based upon an equal division of costs, such as might happen if all the lots were the same size. Of course, the lots are not the same size and the costs would probably be spread based upon square footage. But, again, this exercise is only to get a general idea of the costs. I estimate that there are about 170 lots involved. At $600,000 for water laterals, the cost per lot is about $3,500. At $600,000 for sewer laterals, the cost per lot is about $3,500. F7 The last water and sewer assessments in which the City was involved were in the Aliak/McCollum area. We assessed at 25% of the cost. The Council can select any percentage that it wishes; you can do the math yourself. But at 25%, the water and sewer assessments would probably be about $900 each, per lot, or about $1,800 for both water and sewer per lot. As you consider the financing and assessment percentage, keep two thoughts in mind: (1) All City financed costs, assessed or not, must be financed with available resources. Where will we find this $1,200,000? (2) The sum of the assessments, (water and sewer) cannot exceed 25% of the fair market value of each lot, after consideration of increased value due to the water and sewer. For example, in order to assess a lot $1,800, the lot would have to be worth $7,200. 1791-1991 CITY OF KENAI eapdal 4 4,1.a„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 October 10, 1990 ATTENTION THOMPSON PARK PROPERTY OWNERS!!!! The City Council of the City of Kenai has scheduled a Work Session for October 25, 1990 at 7:00 p.m. in the Council Chambers of the Kenai City Hall Building. The purpose of this work session is to obtain an understanding from the property owners of the need for either water services and/or sewer services to the Thompson Park Subdivision. The Council will be endeavoring to procure $3 million from the State to cover the costs of such a project. However, there is the possibility that the State will not distribute enough money for the project. Because of this possibility, the Council wishes to discuss the potentiality of creating an assessment district to pay for costs not covered by money received from the State. Your presence and participation in the discussion will be greatly appreciated by the Council. Cordially, CITY OF KENAI John J-' Williams Mavo JJW/clf KENAI PENINSULA CAUCUS AN ORGANIZATION REPRESENTING MUNICIPAL GOVERNMENTS AND CHAMBERS OF COMMERCE OF THE KENAI PENINSULA BOROUGH 177 North Birch Street, Soldotna, Alaska 99669 Phone: 262 9107 Board of Directors Municipal Governments Don Gilman, Kenai Peninsula Borough Betty Glick, Kenai Peninsula Borough John Williams, City of Kenai Dolly Farnsworth, City of Soldotna Michael Bundy, Kachemak City William Noll, City of Seward Tim Robertson, City of Seldovia October 16,1990 To: Members of the Board of Directors From: Gloria Wisecarver, Treasurer Re: Dues for the 1990/1991 Fiscal Year oor �l chit AB fla Chambers of Commerce Buzz Kyllonen, Anchor Point Gloria Wisecarver, Funny River Mike McHone, Homer Jim Carter, Kenai Jack Brown, North Peninsula Darlene Crawford, Seldovia Andy Patapoff, Seward Roy Barton, Soldotna This is your invoice for annual dues for membership in the Kenai Peninsula Caucus for the current year. The annual dues for each municipality and Chamber of Commerce are twenty-five ($25.00) dollars as directed by a motion approved at a meeting of the Board held September 28,1990. Amounts due from the Kenai Chamber of Commerce, the Homer Chamber of Commerce and the North Peninsula Chamber of Commerce, however, are $50.00 each, however, due to delinquent accounts from the past fiscal year. Dues from the Seward Chamber of Commerce have been prepaid, receipt of which is acknowledged. The recommend budget for the current fiscal year is attached for your information and reference. Note that expenses for the current year are expected to be financed again by savings from previous years. The Board will be considering the recommend budget at our annual meeting to be held October 20,1990 at Mr. "Ds" in Kenai beginning at 10:00 AM. Please make your check payable to the "Kenai Peninsula Caucus" and mail to the attention of Richard Underkofler at the above address. The identification number of the Caucus for use with Internal Revenue Service reports is 92-0122818. Attachment Budget and Financial Report FY 1988 - FY 1989 FY 1990 FY 1991 FY 1991 Revenues: Actual Actual Actual Budget Actual Municipalities: Kenai Peninsula Borou h 4 576.20 5 242.20 25.00 25.00 Kenai 1286.80 1309.20 25.00 25.00 Soldotna 719.401 733.60 1 25.00 25.00 Homer Seward 414.40 480.001 25.00 25.00 Seldovia 88.40 25.00 25.00 Kachemak 65.00 65.00 25.00 25.00 Chambers of Commerce: Anchor Point 25.00 25.00 25.00 Kenai 25.00 25.00 25.00 Soldotna 25.00 25.00 25.00 25.00 Homer 25.00 25.00 25.00 Seward 25.00 25.001 25.00 25.00 25.00 Funny River 25.00 25.00 25.00 1 25.00 North Peninsula 25.00 25.00 25.00 Seldovia 25.00 25.00 25.00 25.00 Associate Membership Dues: For Profit Corporations Ca $100 Each State Agencies 100 Each Associations & Nonprofits $25 Each Partnerships & Individuals 10 Each 20.00 10.00 20.00 10.00 Donations Total Revenues 7 236.80 8,138.40 285.00 370.00 35.00 Expenditures: Letterhead Stationary & Envelopes 68.70 75.86 100.00 Other Micellaneous Office Supplies 12.04 14.98 44.00 50.00 Travel & Subsistence: Juneau 1 181.41 1,813.26 1,823.33 2,000.00 Anchors a 500.00 Speakers 600.00 Bank Charges 10.41 25.00 State Filing Fees 18.00 20.00 Clerical Services 273.65 145.24 ' 233.81 300.00 Postage 1 200.67 212.10 106.00 250.00 Xerox Coming Charges 79.35 29.09 100.00 Phone Expenses 682.53 636.37 2,000.00 Annual Meeting 69.00 100.00 115.71 125.00 Legislative Reception 183.75 225.75 262.40 275.00 Total Expenditures 2,761.51 3,165.70 2,690.20 6,345.00 0.00 Excess Revenues 4,475.29 4,972.70 -2,405.20 -5 975.00 35.00 lBeainninq Cash Balance 0.00 4,475.29 9,447.99 7,042.79 7,042.79 lEnding Cash Balance I 1 1 4,475.29 9 447.99 7 042.79 1,067.79 7 077.79 Kenai Peninsula Caucus October 15, 1990 KENAI PENINSULA BOROUGH 34 " 144 N. BINKLEY • SOLDOTNA. ALASKA 99669 PHONE (907) 262-4441 DON GILMAN MAYOR October 12, 1990 Bill Brighton City Manager City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Bill: `j o It is time again to begin compiling information for the Borough's 1991 Legislative Priority Book. As in the past, we intend to include a section on legislative priorities for each city. We are tentatively seeking assembly approval of the Borough document at the November 13 meeting. If at all possible, I would like to have a copy of the city's priority list by November 9, 1990 for inclusion in our book. Please let me know when your council will address this issue, and if this deadline is workable for you. If you have any questions, please feel free to contact me at 262-5515. Sincerely, n voo Marla Huss, Administrative Assistant HOSPICE OF THE HOSPICE P.O. BOX 5014 (ii.7J J • ' 1819 ,'.hr g0 1-L HOUSE November 1990 is National Please join us for a get � n 9l Hospice Month acquainted Open House NOV M B R 2, 1990 7PM- 9 PM Hospice Office Seaman Bldg Willow & Kenai Spur Hwy HOSPICE + A SPECIAL KIND OF CARING c_ KENAI PENINSULA CAUCUS AN ORGANIZATION REPRESENTING MUNICIPAL GOVERNMENTS AND CHAMBERS OF COMMERCE OF THE KENAI PENINSULA BOROUGH 177 North Birch Street, Soldotna, Alaska 99669 Phone: 262 9107 Board of Directors Municipal Governments Don Gilman, Kenai Peninsula Borough Betty Glide, Kenai Peninsula Borough John Williams, City of Kenai Gary Davis, City of Soldotna Michael Bundy, Kachemak City William Noll, City of Seward Gerald Williard, City of Seldovia October 16,1990 Chambers of Commerce Bun Kyllonen, Anchor Point Gloria Wisecarver, Funny River Mike McHone, Homer Jim Carter, Kenai Jack Brown, North Peninsula Darlene Crawford, Seldovia Andy Patapoff, Seward Leroy Barton, Soldotna To: Members of the Board of Directors Kenai Peninsula Borough Assembly Other Interested Persons on Caucus Mailing List From: John Williams, Betty Glick & Richard Underkofler Re: Statement of Legislative Positions At a meeting held September 28, President Andy Patapoff asked us to offer some recommendations for updating and revising the Statement of Legislative Positions for the Kenai Peninsula Caucus. Our recommendation for the 1991 document is attached for your consideration, a draft of October 15,1990. This paper will be considered at our annual meeting to be held October 20, 1990 at Mr. "Ds" in Kenai beginning at 10:00 AM. Attachment 1991 Legislative Positions Kenai Peninsula Caucus KENAI PENINSULA CAUCUS AN ORGANIZATION REPRESENTING MUNICIPAL GOVERNMENTS AND CHAMBERS OF COMMERCE OF THE KENAI PENINSULA BOROUGH 177 North Birch Street, Soldotna, Alaska 99669 Phone: 262 9107 Board of Directors Municipal Governments Don Gilman, Kenai Peninsula Borough Betty Glick, Kenai Peninsula Borough John Williams, City of Kenai Gary Davis, City of Soldotna Michael Bundy, Kachemak City William Noll, City of Seward Gerald Willard, City of Seklovia Chambers of Commerce Buzz Kyllonen, Anchor Point Gloria Wisecarver, Funny River Mike McHone, Homer Jim Carter, Kenai Jack Brown, North Peninsula Darlene Crawford, Seldovia Andy Patapoff, Seward Roy Barton, Soldotna 1991 STATEMENT OF LEGISLATIVE POSITIONS The Kenai Peninsula Caucus is a nonprofit corporation organized under laws of the State of Alaska. The Caucus was organized in 1987 for the general purpose of promoting the physical, social and economic well being of the Kenai Peninsula Borough. Its specific purposes may include, but shall not be limited to: charitable; benevolent; educational; civic; patriotic; political; social; and cultural activities. Voting members of the organization are representatives of Municipal Governments and Chambers of Commerce of the Kenai Peninsula Borough. An objective of the Caucus is to secure legislation at the local, state and federal levels which will be beneficial to inhabitants of the Kenai Peninsula Borough and to oppose legislation injurious thereto; but to remain non -partisan in the conduct of its affairs. The Caucus does not endorse candidates for elected or appointed positions at any level of government. Two weeks written notice must be given to each voting member of the Caucus before it may consider a legislative position or resolution. An act of the Board of Directors must be approved by at least 75% of the Directors present at a meeting. The intent of this bylaw requirement is to assure that any action taken by the Caucus will represent a substantial consensus of opinion within the Kenai Peninsula Borough. This brochure provides a synopsis of the legislative positions developed by the Caucus through input from municipal officials and directors of the local Chamber of Commerce organizations. Each position represents legislative recommendations of the Caucus. These positions will be actively lobbied for by the Board of Directors on behalf of its membership to the Alaska Municipal League, the Alaska State Chamber of Commerce, the Local, State and Federal governments. October 15, 1990 DRAFT 1991 Legislative Positions Kenai Peninsula Caucus TABLE OF CONTENTS Page Part I Resources A Oil and Gas Development 3 B Tourism 3 C Timber 3 D Fish & Game 4 E Coal Development 4 F Natural Gas Pipelines 4 Part II Alaska Hire A Legislative Remedies 4 B Recommendations for Employers 4 Part III Education A Operating Expenditures 5 B Bonded Indebtedness 5 C School Construction Grant Program 5 D University of Alaska Programs g Part IV Energy g Part V Taxation and Finance A State Budget g B Borough Budget 7 C Taxation, Accounting and Reporting Requirements 7 Part VI Transportation and Public Facilities A Correctional Facilities 7 B Roads and Highways g C Aviation g D Solid Waste Disposal 9 E State Highway Maintenance Facilities 9 F Senior Citizen Housing 9 G Marine Transportation Systems - 9 Part VII Land Use A Areas Meriting Special Attention 10 B Designation of Wilderness Areas 10 C Wetlands Legislation 10 Part Vill Intergovernmental Relations A Borough Special Service Areas 10 B Differential Tax Zones 10 C Military Facilities 10 D Public Employee Labor Relations 10 2 October 15, 1990 DRAFT 1991 Legislative Positions Kenai Peninsula Caucus PART I RESOURCES A. OIL AND GAS DEVELOPMENT 1. Arctic National Wildlife Refuse. The Congress of the United States should open the Coastal Plain of the Arctic National Wildlife Refuge (ANWR) to environmentally responsible oil and gas exploration, development and production. 2. Promotion. The Caucus encourages the State of Alaska to promote oil and gas exploration and development through: a. A stable taxation policy; b. Change or elimination of unreasonable or unnecessary regulations; c. Easing of permitting regulations to make possible the development of marginal discoveries and sub -economic oil accumulations; d. Positive encouragement from the State administration. 3. Oil Spill Contingency Plans. The Caucus encourages the State of Alaska to insist upon oil spill contingency plans which will take into consideration the unique geographic circumstances of each area where oil is transported by marine vessels. In other words, plans developed for Cook Inlet must be tailored to the Cook Inlet area, rather than imposing a state-wide contingency plan modeled after plans implemented for Prince William Sound. B. TOURISM 1. Marketing Plans. The development of tourism marketing plans to make Alaska and the Kenai Peninsula Borough a destination for all travelers is necessary. 2. State Funding. The legislature should appropriate to the Alaska Division of Tourism a sufficient budget for the continuation of its very successful state-wide marketing programs. In addition, the legislature should appropriate sufficient funds to the Division of Parks & Outdoor Recreation to develop facilities within the Kenai Peninsula Borough which have a demonstrated visitor value. 3. Borough Funding. The Borough Assembly should continue to appropriate a sufficient budget for the implementation of marketing plans to promote the Kenai Peninsula Borough as a visitor destination in joint venture with the Borough Economic Development District, local chambers of commerce and municipalities. C. TIMBER 1. Land Use Plans. A strong commitment must be made to timber management as a prime use in state and national forests and on property owned by the Kenai Peninsula Borough. Viable State and Borough timber sale programs should be developed with firm five year sale schedules to encourage and facilitate commercial timber harvest. 2. Spruce Bark Beetle. The Spruce Bark Beetle disease is threatening timber and creating serious fire hazards throughout the Kenai Peninsula. Federal, State and Borough natural resource agencies are encouraged to schedule timber sale and management programs specifically designed to eradicate this disease. 3 October 15, 1990 DRAFT 1991 Legislative Positions Kenai Peninsula Caucus D. FISH & GAME 1. Onshore Processors. The State of Alaska is encouraged to develop tax structures and regulations that would make onshore processors more profitable than those that operate at sea in order to create and retain employment opportunities for resident Alaskans. 2. Fish Trans. The Caucus opposes use of fish traps as a device for resolving conflicts between Kenai commercial and sport fishing interests. 3. Same Transplants. The Caucus urges Federal and State game management agencies to grant permits in a timely fashion to facilitate a proposal to transplant deer to the Southern Kenai Peninsula. 4. Subsistence. The State Legislature is urged to resolve subsistence issues where they are conflicting with Federal law and the State constitution. 5. Anchor River Enhancement. The Department of Fish & Game is urged to restore and enhance sport fishing opportunities for steelhead trout and salmon species native to the Anchor River. E. COAL DEVELOPMENT The State Legislature should amend tax increment financing statutes to enable Second Class Boroughs to sell revenue bonds for financing of public owned infrastructure necessary to coal development. F. NATURAL GAS PIPELINES 1. Support Pipeline Ventures. The Kenai Caucus supports any meaningful endeavors which may remove roadblocks, aid in the search for U.S. and foreign markets, or develop practical, cost effective stipulations for construction of natural gas pipeline projects. 2. Kenai Peninsula as a Pipeline Terminus. While the Caucus supports Valdez as a terminus for a pipeline from the North Slope, strong effort should be made to intertie the Kenai Peninsula, particularly the Nikiski area, with any natural gas pipeline which is extended from the North Slope. PART II ALASKA HIRE A. LEGISLATIVE REMEDIES The Caucus supports the concept of "ALASKA HIRE" by private and government employers. Local governments should encourage the State to take the lead at legislative remedies to determine whether a "ALASKA HIRE" law will prove constitutional, rather than adopting ordinances which would mandate "LOCAL HIRE" in contrast to "ALASKA HIRE". B. RECOMMENDATIONS FOR EMPLOYERS The State of Alaska and its local governments should encourage its employers to voluntarily hire Alaska residents by assuring a positive business climate and stable taxes to attract more private sector investment in plant and equipment and resident workers. Contracts should include preference to Alaska bidders, Alaska hire goals, and requirements for local advertising of employment opportunities. Favorable publicity should be given to employers who succeed in meeting Alaska hire goals and to those who make employment opportunities known to local residents. Negative publicity should be given to those that fail. 4 October 15, 1990 DRAFT 1991 Legislative Positions Kenai Peninsula Caucus PART III EDUCATION A. OPERATING EXPENDITURES 1. Constitutional Responsibilities. The Alaska State Constitution requires that the State shall establish and maintain a system of public education, open to all the children of the State. The Caucus supports the State's assumption of financial responsibility for "basic" education operating expenses. 2. dual State Funding for Basic Education. The Legislature should establish a definition of "basic education", and establish an equitable funding formula that ensures this basic education is provided. Defining basic education is the key to development of a fair formula for state funding of education. The development of this formula should involve the municipalities or districts who must fund the local share of education. 3. Local Autonomy. Full funding should not inhibit the rights of local government to supplement state or federal funding for education purposes beyond "basic needs" or to administer loca[schools:_ 4. Forward Funding. The Caucus supports the use of "forward funding" to provide for basic education so that local governments and school districts will know how much funding will be available from the State prior to April 1 st of each year. 5. Reduction in Force of Teachers. The Caucus supports legislation that would allow local school districts to have a reduction in force of teachers when either student enrollment decreases or when funding is reduced. B. BONDED INDEBTEDNESS FOR SCHOOL CONSTRUCTION 1. Debt Reimbursement. The Caucus urges the State Legislature to establish a trust fund with windfall oil revenues to fully fund the school debt reimbursement program at levels provided by statute under former programs of municipal school construction assistance in accordance with the state's responsibilities under the Alaska Constitution. 2. Oppose Offsets. The Caucus opposes any effort by the State to reduce school debt reimbursement through deduction of interest earned on school bond proceeds. 3. School General Obligation Bonds. The Caucus supports placing a proposition on the ballot for the next statewide general election which would enable the State of Alaska to sell its general obligation bonds to refinance all existing municipal school debt. C. SCHOOL CONSTRUCTION GRANT PROGRAM 1. Bleeds Based Grant Program. The Caucus supports application of the new priority -based school construction grant program as established by the 1990 Legislature (Chapter 5, SLA 90). 2. Local Priorities. School construction grants should be provided for these priority (Level 2) school construction projects identified by the Kenai Peninsula Borough School District: Priority Project Description 1 Tustumena Elementary School Addition 2 West Homer Elementary School 3 Skyview Central Peninsula Junior High School 5 October 15, 1990 DRAFT 1991 Legislative Positions Kenai Peninsula Caucus D. UNIVERSITY OF ALASKA PROGRAMS 1. Cold Water Training_ & Recovery School. The Caucus supports actions of the City of Kenai and the University of Alaska in locating a Cold Water Helicopter Training and Recovery School at the Kenai Airport. 2. Marine Research Facilities. The Caucus opposes use of existing funds of the University of Alaska for new marine research facilities at any location unless a comparable increase in appropriations is provided for existing facilities to preclude dilution of funding for the marine research facilities at Seward. PART IV ENERGY The remainder of the Railbelt Energy Fund should be spent for upgrading electrical transmission lines from Homer to Anchorage to improve system reliability and to mitigate future capital expenditures for additional power generation facilities consistent with the intent of prior appropriations. The Caucus opposes use of Railbeft Energy Funds for any other purpose. PART V TAXATION AND FINANCE A. STATE BUDGET 1. State Offing Budget. The legislature should reduce the state's operating budget, except appropriations for existing local school debt service reimbursement should be maintained at 100% of the reimbursement entitlement and appropriations for highway maintenance should be restored to levels prevailing in 1986. a. Where shared revenues are provided to local governments and school districts, the assistance should be conditional upon some degree of local sales and property tax effort. b. When reductions are made in municipal assistance, revenue sharing, school foundation assistance and other forms of local government assistance, equivalent reductions should be made in the total operating budget for state agencies. 2. State Capital Budget. The capital budget.must never be less than the amount required to attract matching federal funds. The capital budget should give priority to projects which will minimize local government obligations and promote economic development. 3. Distribution of Fish Tax Revenue Sharing. The legislature is urged to change its budgeting and appropriation procedures so that raw fish tax revenues will be fully distributed in a timely manner to all eligible municipalities as provided in AS 43.75.130. Distributions to municipalities should not be limited by erroneous estimates appropriated in the State budget. 4. Excess Oil Revenues. The State legislature is encouraged to deposit "unanticipated" oil revenues into the permanent fund or into budget reserve funds. In particular, the Caucus urges the Legislature to establish a trust fund with windfall oil revenues to fully fund the school debt reimbursement program. 6 October 15, 1990 DRAFT 1991 Legislative Positions Kenai Peninsula Caucus B. BOROUGH BUDGET 1. Multi -Year Financial Plans. The Kenai Peninsula Borough Assembly, the School District and the Borough Service Areas are encouraged to continue to adopt multi -year financial plans. These financial plans should identify service objectives and three (3) year projections of revenue and expenditures. The plans should be updated each year at the conclusion of a public hearing. 2. Budget Policy Statements. The Borough Assembly should assume a more aggressive role in guiding the annual budgetary process. Toward this objective, the Assembly should consider and adopt annual budget policy statements in January of each year. The budget policy statements should reflect principles and priorities to be used by the Mayor, the School Board and Service Area Boards in preparing budget requests for the subsequent fiscal year. 3. Local Tax Effort. As a part of the Borough's long term financial plans and annual budget policy statements, the Borough Assembly should consider and adopt guides concerning the level of local taxation. Property tax rate limitations should be encouraged on spending for schools, service areas and other general purposes. C. TAXATION, ACCOUNTING AND REPORTING REQUIREMENTS 1. Taxi2ayer Notification of State Assistance. The Department of Community and Regional Affairs is urged to amend its regulations so that taxpayer notification for excess municipal assistance may utilize the same notification procedures required for State Revenue Sharing, State Aid for School Construction, and State Foundation payments under AS 29.45.020. The intent is to provide all such notifications by publishing a statement in local papers. The current requirement to provide notice of excess municipal assistance with each tax statement places undue hardships on local governments. 2. Accounting for Cigarette Tax Revenues. The Department of Education is urged to change 4 AAC 36.10 to permit the use of the Central Treasury concept in accounting for cigarette tax revenues for schools. 3. Motor Vehicle Taxes. The legislature is urged to amend AS 28.10.431 so that the schedule of fees for taxes on licensed vehicles collected for local governments would be approximately equivalent to the revenues that would be collected from ad valorum personal property taxes on motor vehicles. These fees have not been revised since 1978. 4. Interest on Construction Contract Retainaae. The legislature is urged to exempt municipalities from the requirement to pay 10.5% interest on construction contract retainage as provided in AS 36.90.001. This interest rate has proven to be higher than investment market rates. Failure to withhold retainage provides no monetary recourse for inadequate construction. PART VI TRANSPORTATION AND PUBLIC FACILITIES A. CORRECTIONAL FACILITIES The Caucus encourages the State of Alaska to build the second half of the Seward Correctional Facilities as soon as possible. 7 October 15, 1990 DRAFT 1991 Legislative Positions Kenai Peninsula Caucus B. ROADS AND HIGHWAYS The Alaska Legislature and the Department of Transportation and Public Facilities should give priority to highway improvements and maintenance on roads that connect population centers, serve as school bus routes, provide access to seaports, visitor attractions and economically viable resource areas. 1. State appropriations for highway maintenance should be restored to levels prevailing in 1986. 2. The Federal Aid Highway Improvement Priorities of the Caucus are as follows: Priority Project Description 1 Kenai Spur Highway Widening (Soldotna to Kenai) 2 Seward Highway Reconstruction (MP 50 to MP 65) 3 Seward Highway / Nash Road Intersection Improvements 4 Kenai Spur Highway / Forest Drive Intersection Signalization 5 Sterling Highway Reconstruction (Anchor Point to Homer) 6 Kenai River Bridge Widening at Soldotna 7 Seward Highway Reconstruction (MP 0 to MP 36) 8 Kenai River Bridge Crossing at Funny River 9 Exit Glacier Road Reconstruction (MP 0 to MP 3.9) 10 Kalifornsky Beach Road Widening (Soldotna to Bridge Access Road) 11 Sterling Highway Reconstruction (MP 30 to MP 60) 3. The Caucus supports placing a proposition on the ballot for the next statewide general election which would enable the State of Alaska to sell its General Obligation Bonds to accelerate financing for high priority federal aid highway improvements. Debt service on these bonds should be financed from future federal highway aid appropriations and an increase in the State motor fuel tax. 4. The Borough Assembly is urged to consider an improvement for the Anchor Point River Beach Road from the Old Sterling Highway to Cook Inlet as a high priority economic development project. C. AVIATION The Department of Transportation and Public Facilities should update its Aviation System Plan to improve aviation safety at airports within the Kenai Peninsula Borough. Priority should be given to the release of Federal Aviation Trust Funds (impounded by the Reagan Administration) for installation of improved weather reporting, navigation and airport approach systems. The Airport Capital Improvement Priorities of the Caucus are as follows: Priority Project Description 1 Homer Runway and Taxiway Resurfacing 2 Soldotna Runway and Taxiway Resurfacing 3 Seward General Aviation Apron and Tie Down Area Expansion 4 Seldovia Runway Lighting and Paving 5 Kenai North Runway Safety Zone Clearing 6 Kenai Runway Extension 7 Seward Runway Extension 8 Seldovia Runway Extension 9 Anchor Point Airport Land Acquisition 8 October 15, 1990 DRAFT , ` 1991 Legislative Positions Kenai Peninsula Caucus D. SOLID WASTE DISPOSAL 1. Waste DisUgsal Plans. The Caucus supports endeavors by the Borough Assembly to develop long range plans and to formulate Borough codes and regulations pertaining to both domestic and hazardous waste disposal. 2. Waste Disl2osal Facilities. The Caucus supports a legislative grant to the Kenai Peninsula Borough for the continued improvement of solid waste disposal facilities as they become identified and approved in the Borough's area -wide long range waste disposal plans. E . STATE HIGHWAY MAINTENANCE FACILITIES The Caucus urges the Department of Transportation to relocate its Seward and Soldotna Highway Maintenance Facilities out of their existing downtown locations. F. SENIOR CITIZEN HOUSING 1. Kenai Congregate Housing. The Caucus urges the State of Alaska to provide the remainder of financing needed for the City of Kenai to construct a Senior Citizen Congregate Housing Facility in lieu of building a Pioneer Home on the Kenai Peninsula. 2. Soldotna Senior Center. The Caucus encourages the Legislature to make an appropriation under the provisions of AS 37.05.16 to Soldotna Senior Citizens, Inc., an Alaska non profit corporation, to provide the remainder of financing needed for a Soldotna Senior Center. G. MARINE TRANSPORTATION SYSTEMS The Marine Capital Improvement Priorities of the Caucus are: Priority Project Description 1 Seward Ferry Terminal and Dock Replacement 2 Homer Ferry Dock, Staging Area and Parking Improvements Priority Project Description 1 Seldovia Small Boat Harbor Float Reconstruction 2 Anchor Point Salt Water Access and Small Boat Harbor 3 Seward Marine Industrial Center North Dock Construction 4 Homer Small Boat Harbor Float Reconstruction 5 Ninilchik Harbor Improvements 9 October 15, 1990 DRAFT 1991 Legislative Positions Kenai Peninsula Caucus PART VII LAND USE A. AREAS MERITING SPECIAL ATTENTION Any plan for an area designated for special attention in the Kenai Peninsula Borough's Coastal Zone Management Plan should clearly provide for resource extraction, commercial and industrial land uses. It is acknowledged that these uses may destroy some habitat, but some development must be allowed in these areas for the economic well being of the Borough's inhabitants. B. DESIGNATION OF WILDERNESS AREAS The Caucus opposes any further designation of "wilderness lands" within the Kenai Fjords National Park. C. WETLANDS LEGISLATION The Caucus opposes "no net loss" wetlands policies which would establish an absolute prohibition of any further use of wetlands in Alaska. Wetlands policies in Alaska should be governed by local zoning or coastal zone management programs. PART VIII INTERGOVERNMENTAL RELATIONS A. BOROUGH SPECIAL SERVICE AREAS The Borough Assembly is encouraged to continue to provide the mechanism for areas of the Borough to organize as Special Service Areas when residents desire increased public services, which are not desired Borough wide. The Caucus supports local control by the Service Area Boards in the development, management and implementation of service area plans, services and projects. Service Area Boards are encouraged to establish service area property tax rate limitations, not to be exceeded unless approved by a majority of the service area's voters. B. DIFFERENTIAL TAX ZONES The Borough Assembly is encouraged to consider and implement differential tax zones as a means to improve the equity of the relationship between services provided and the ad valorum property taxes for those services, particularly in service areas. C. MILITARY FACILITIES The Caucus endorses proposals made to homeport U.S. Navy vessels in the City of Seward and urges a timely determination that the Port of Seward is the site best suited in the State of Alaska for these purposes. The Caucus, likewise, urges the U.S. Defense Department to consider communities and airports within the Kenai Peninsula Borough for future land based activities or defense installations. D. PUBLIC EMPLOYEE LABOR RELATIONS The Caucus opposes any proposed legislation which impose binding arbitration on local governments and school districts. 10 October 15, 1990 DRAFT INFORMATION ITEMS October 17, 1990 Council Meeting 1. 10/3/90 Council Meeting "To Do" List 2. 10/10/90 KK letter to D. Kelso, DEC regarding 1991 Sewage Treatment Plant Improvements, Grant Offer #47541. 3. 10/4/90 People Count, Inc. letter to Department of Commerce & Economic Development regarding permit for additional location for Pull Tab Sales. 4. 10/8/90 K.Lambert, AML letter regarding what AML means to you and your community. 5. 10/17/90 Transfers of Funds Under $1,000. 6. 10/12/90 Kenai Chamber of Commerce memorandum to Kenai City Council regarding Kenai Senior Citizens Congregate Housing. 7. Kenai Community Library Report for the Month of September, 1990. CLF: RAE: RR: JJW: BB: CM: of� TO DO LIST OCTOBER 3, 1990 COUNCIL MEETING Letter of appointment to Congregate Housing Committee to Guy Moore. Contact Nick Miller regarding appointment to P&Z Commission. If acceptable, send letter of appointment. Information to Beautification Committee regarding the proposed use of the pond behind Craycroft Chrysler in conjunction with the Fire Training School Proposal and the Rotary Club Bicentennial Project. Send notice to residents of Thompson Park announcing work session/Town Hall Meeting for October 25, 1990 at 7:00 p.m. Examine hand-held computers for checking license plates. Explore possibility of getting lights at Triangle Park directed at flagpoles for placement in the Spring. Investigate types of brackets used in Soldotna for use with banners. Investigate placement of wooden poles at entrance of town for hanging informational banners across the highway. (i.e., Welcome to Kenai, Homecoming Week, etc.) Letter of encouragement to Harbor Commission. Letter to Mayor Gilman in answer to his letter regarding non-areawide tourism. Talk with D. Dolifka regarding the bluff property real estate (Louisa Miller). Prepare resolution reserving ten acres across from the proposed Fire Training Facility area for possible future use (People Count). Speak with Bicentennial Committee regarding purchase of banners. 1791-1991 CITY OF KENi 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907-283-3014 October 10, 1990 Dennis D. Kelso Commissioner Dept. of Environmental Conservation Office of the Commissioner PO Box O Juneau, AK 99811-1800 Subject: 1991 Sewage Treatment Plant Improvements Grant Offer #47541 Dear Mr. Kelso: I have enclosed a copy of the City of KenaiIsResolution No. 90-51 "Accepting a grant from the State of Alaska, Department of Environmental Conservation for Sewer Treatment Plant Improvements", as requested in your letter of September 11, 1990. I have also enclosed the executed acceptance of the grant by the City of Kenai, dated October 5, 1990. If you have any questions or need other information, please feel free to call me at 283-7535. Sincerely, 4�� Keith Kornelis Public Works Director KK/kv cc: Beth Verrelli Enclosures People coulrtifze. career emer P.O. Box 1310 Kenai, AK 99611-1310 (907) 283-4099 October 4, 1990 State of Alaska Department of Commerce & Economic Development P.O. Box D Juneau, Alaska 99811-08000 Attn: Kelcey Parsons People Count Inc., Permit # 90-54 is requesting a permit for an addi- tional location for Pull Tab Sales. Permit # 90-54 Member In Charge: Jack E. Brown Location: Kenai Armory Municipality: Kenai Alaska Date: October 21, 1990 If further information is needed please call Bonnie Smith at 283-4099. Sincerely Bonnie Smith cc. City of Kenai - 4 TELEPHONE (907) 586-1325 FAX 463.5480 217 SECOND STREET, SUITE 200 J U N EAU, A LASKA 99801 October 8, 1990 Mayor John Williams City of Kenai 210 Fidalgo Ov Kenai Alaska 99611 - a Dear Mayor Williams and Council Members: r- f As the representative of your municipality on the Boa'i^tl:'�af f� ectors of the Alaska Municipal League, I'm writing to ask you and your local government colleagues in the City of Kenai to read the enclosed letter from AML President Mayor Dorothy Jones and the AML information sheet, spend some time discussing what AML means to you and your community, and come to the AML Local Government Conference prepared to participate in the general discussion of the AML's financial future. If you will be unable to attend this year's conference, scheduled for November 14-16 in Anchorage, please give me at call at 262-9801 (W) or 262-2888 (H) to talk more about this issue. You and your staff will notice that AML dues notices for the 1991 calendar year are not being sent in October, as has been the practice during the past few years. This is because the Board of Directors has not yet set municipal member dues for 1991. As President Jones indicates in her letter, my fellow Board members and I have some tough decisions to make at our November meetings. The Board must decide whether to increase dues, a necessary action if the League is going to continue to provide its current level of service in the next few years, and also how, when, and at what level. Dues notices for 1991 will be mailed in late November and will reflect the Board's actions based on your comments. The Finance Committee, under the leadership of Mayor Jerome Selby, has done a thorough job of projecting budget needs for the next three years, and of exploring alternative ways to meet these needs. Their presentation at the annual meeting will provide more information for all of us. As you know from your experiences in budgeting at the local level, increasing revenues and cutting costs are not easy. It is hard to talk about spending more money. On the other hand, the Alaska Municipal League provides each and every one of us with high -quality, professional service, leadership, and information, which contribute greatly to our unified efforts to strengthen local government throughout Alaska. AML deserves our support. I look forward to hearing from you and to seeing you in Anchorage in November. AK ncist erelyn Lambee Director, AML District 3 Enclosures MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OF COI INTIFS Reprinted from October 1990 issue of the AML Newsletter TELEPHONE (907) 586-1325 217 SECOND STREET, SUITE 200 FAX 463.5480 JUNEAU, ALASKA 99801 October 1, 1990 Dear AML Member:. At the September 6-7, 1990, meeting of the Alaska Municipal League Board of Directors in Whittier, the Board approved the budget for AML's FY 91, which begin October 1. Approval of the annual budget and review of the draft Policy Statement are, traditionally, the major agenda items on the AML Board's summer/fall meeting. However, this year's discussions and actions are noteworthy in that the budget decisions were more difficult and laid the groundwork for "discussions that will take place with the membership in November and that will direct the future of the League. The Board approved a balanced budget for October 1, 1990 through September 30, 1991, but the three-year budget projections call for a dues increase or a significant reduction in League services. Please discuss the AML in your community and at your assembly or council meeting and what you want from the organization in relation to the issues I have raised below, call me or talk to your Board representative, and come prepared to comment at the annual meeting. I believe the AML provides valuable services to its members and that its future is bright and worth the continued support of its members. I hope you agree. This year I appointed the first AML Finance Committee of Board members to work with Executive Director Scott Burgess and his staff to develop a recommended budget for FY 91. Kodiak Island Borough Mayor and AML First Vice President Jerome Selby chaired the committee. Palmer Mayor and AML Past President George Carte', Sitka Assembly Member Dave Dapcevich, Galena Mayor Harry Purdy, and Juneau City Manager Kevin Ritchie also served on it. Prior to the September Board meeting, the committee reviewed the status of the FY 90 work.program and budget revisions and the FY 91 work program and budget proposals prepared by the Executive Director. In order to hold down dues increases and because the League had a healthy fund balance, in August 1989 the Board approved a FY 90 budget that called for using more than $66,000 in cash reserves. While the Executive Director managed to hold down costs so that only $40,000 of cash reserves was used in FY 90, the Finance Committee was still faced with ending FY 90 with a fund balance of only $150,000 ($114,00 in cash reserves) and a projected deficit of almost over $55,000 for next year, without taking into account any increases for salaries or new programs. Although the AML Board had approved using cash reserves each of the last two years to balance the AML budget, it did so with the understanding that it would do so only for three years and that the AML should maintain a fund balance of 25 percent of its annual budget, approximately $138,000 based on the approved FY 91 budget. Something obviously had to be done. Working with staff, the committee reviewed the League programs and services and developed a variety of options to reduce expenditures and raise revenues. When the Committee presented its report, it recommended cuts in expenditures of over $20,000 in the proposed $500,000+ budget, including reducing some member MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OF COUNTIES AML Members October 1 1990 Page 2 services. Since staff salaries and benefits represent 48 percent of the budget, any further reductions would have required staff layoffs and resulted in significant reductions in services to the membership. -'Therefore, in order to x: balance the FY 91 budget, the Committee recommended over $61,000 in revenue increases that did not affect municipal member dues rates, including raising conference registration fees, raising associate member dues, an AML raffle, and an AML/JIA institutional fee.Y Yadopting By most -of the committee's- `recommendations,' the ' Board approved a r �s.balanced budget for FY 91 without a municipal member dues increase; however, the J budget is based on some major but justified assumptions R.':, :• t.:. . +-c Y .. w`�.�• .,. .�; q ..'R .: �.�A y. �.,. .:.° ,. �..: ,..: ;•t �•i,a" 7 k,e .:" 7 o The believes f rx membership the services AML provides now are essential and want the League to continue to provide even better services to help municipal officials better serve their constituents.'`` o Municipalities and others will continue to participate as members '=and support the continued operation of the AML. '(As many of you `r -know, the Fairbanks North Star Borough has indicated that it may not continue its AML membership next year.) .. - o Programs started by the League to serve its members, such as the AML -Joint Insurance Program, will provide revenues to the League for .'services and benefits provided by the parent organization. '= o Members are willing to pay for the professional service they receive from the League, and will be willing to pay more. Dues currently represent almost 70 percent of the League's revenues and over 60 1 percent of its overall budget (not including the insurance program pass-throughs). The Finance Committee also looked at the League's financial future beyond FY 91 and provided the Board with a three-year budget projection as was recommended in the Board's, Strategic Plan. While we were able to balance the AML budget for FY 91, "at least $120,000 in additional revenues will have to be found over the next -.,three years to maintain a balanced budget each year, even without expanding programs and without increasing the League's fund balance above 25 percent of expenditures. One example of cost increases facing the League is the increase imposed by the State in the League's PERS employer contribution from 0 to over 28 percent as of July 19911 In order to balance future budgets, the Finance Committee also recommended that the Board discuss and consider a number of dues increase options. Although a 5 percent dues increase for each of the next three years beginning in FY 91 was discussed seriously, the Board has not approved any increase in municipal dues at this time. Instead, I have asked Mayor Selby and his committee members to develop a dues increase proposal and other options for balancing the AML budget over at least the next few years and to make a presentation to the AML members at the annual meeting in Anchorage on November 16. t AML Members October 1, 1990 Page 3 Some might ask how the AML got in a position of deficit spending over the last two years. Well, the League, the number of members it serves, its staff, and the services it provides have grown over the last few years. In 1984, when Betty Glick, who is still serving on the Board, was President, Scott Burgess became the Executive Director. That was the last time the Board raised dues before last year, and at that time the AML had 85 municipal members, a staff of three people, a budget of $325,000, and a fund balance of $85,000. In 1987, under the leadership of George Carte', the AML Board developed a strategic plan, based on a survey of the membership, which in effect concluded that the officials of its member municipalities and its associate members liked what the AML was doing and wanted the League to do it even better. In order to improve existing service to its members at a time when state assistance to municipalities had begun to shrink, the Board decided to increase staff but to use some of the League's cash reserves from its fund balance, which by then had grown to $185,000, to finance the expansion and to balance the FY 88 budget. The Board believed that once the members could see the improvements in service they would be more willing to accept a dues increase. Last year, in addition to spending additional reserves, the Board approved a 3 percent dues increase, the first increase since 1984. This small dues increase raised only $8,000. Today, the League has a municipal membership of 122, a core staff of five, a projected FY 91 budget of $550,000, and an estimated fund balance of $150,000. In addition, the quality and level of services have improved significantly in the last few years. Let's look at some of the AML accomplishments since the Board undertook its strategic planning effort and began its implementation: o Passage of legislation beneficial to municipalities, including operating budgets that have preserved the funding of key municipal aid programs, the school construction grant program, in -place resources tax exemption and study, removal of the municipal sales tax cap, underground storage tank program, limited immunity for inebriates, an increase in the minimum entitlement for revenue sharing, offshore fisheries business tax program, bond financing for the AML/JIA, municipal elections revisions, Alaska regional development organization (ARDOR) program, and tax increment financing o Failure of many bills and amendments harmful to municipalities and their residents o Appointments to the Governor's Task Force on Transportation Facilities o AML Board and Legislative Committee "On the Hill" advocacy program established 0 "Municipal Platform" created to focus on priority legislation AML Members October 1, 1990 Page 4 o Facsimile machine purchase program offered and "FAX Alert":program established = , "o Alaska Municipal League Joint Insurance Association established o �--Annual conference program review and revisions implemented o ' Municipal `Interim Management Services and Range Rider programs A3 , established with the assistance of the Alaska Municipal Management is k 2r\fT/ 1 1 Association •� ��3r ��, t. } ,� �. yy,� `� ♦ .i- 'Y,1 l•,tp c _ �. �, y drift.'"' .., Vi a;: ' -" �'Li... :'.fLi }• .4! �'�:i►' V-' i }.l .T -.7: ~' :;�1 i•,:f.o .. Excellence ­in Local Government awards program begunCA 1 ' o it,-AML Constitution and Bylaws reviewed and amendments proposed .to membership o ,AML's "Local Government Products and Services Directory" published o .Participation and recognition in national local ...government `.'� =organizations increased r _ h o AML secretary and staff associate positions created and filled and -the AML offices relocated to better serve the membership } o VAll other AML services 'and programs maintained and improved ,,:These accomplishments have had a cost, and the Board believes the fund balance ;,- is at a minimum to ensure the financial health of the organization. In order to .­­.-o:continue to provide the same level of service, much less to improve and expand services, to meet the needs of the membership, the members must continue to support its League and increase their financial support -- or they must be „ willing to accept a lower level of service. Having served as President and become more familiar with the work of the League, - I know it is worth supporting, and I am willing to pay additional dues. With your support, as well, the AML's financial future is bright and the ways the League can benefit municipalities are unlimited. On behalf of the AML Board I am asking you, the members, to discuss the type or level of service you are willing to support financially and give us the information we need to make the decisions necessary to maintain a financially sound organization to provide those services. Sincerely, -S Dorothy . Jones President TELEPHONE (907) 586-1325 217 SECOND STREET, SUITE 200 FAX 403-5480 )UNEAU, ALASKA 99801 What Is the Alaska Municipal League? An association of 122 local governments, representing 95 percent of the population in the State of Alaska A forum in which all forms of Alaskan local government can discuss mutual problems, seek mutual solutions, and express their common concerns to state and federal officials A highly organized statewide effort to make sure municipal interests are considered in decisions made by other levels of government An advocate for strong, cost-effective, and responsive local government to advance the interests and well-being of all Alaskans A service organization assisting members with programs that help them provide services in a cost-effective and efficient manner What Do Members Get from AML? Professional, single -client, local government -oriented representation before the State Legislature -- on the spot in Juneau, 7 days a week, 24 hours a day, 120 days a year during the regular session, plus special sessions and the interim -- by AML staff, Board of Directors, and Legislative Committee Year-round representation of municipal interests and interaction with the state executive branch, Congress, and the federal government both directly and through NLC and NACo Thorough coverage of legislative and executive branch action by persons well - versed in local, state, and federal issues -- weekly updates during the legislative session, with special alerts and calls to action on timely issues via the AML Fax Hotline Well -researched, thoughtful policy development and background statements on issues of importance to Alaska's municipalities - over - MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OF COUNTIES Publications that serve their needs for vital information and updates on questions of concern to local governments -- the AML Newsletter, Legislative Bulletin, Municipal Officials Directory, State Aid Catalog, Policy Statement, and Municipal Platform, among others Access to an insurance/risk management program designed to ensure stability and continuity of municipal coverage on a pooled -risk basis Information and research capabilities of the League, including a full-time staff and the AML Lending Library and files, and access to the National League of Cities and the National Association of Counties Training, policy development, and networking opportunities at the Annual AML Local Government Conference, the largest gathering of local government officials in Alaska Information and policy involvement on a national/federal level through the AML's membership in the National League of Cities and the National Association of Counties Opportunities to share ideas, problems, and solutions to municipal government problems and to participate in statewide action on behalf of local government through participation in League programs, committees, and activities A clearinghouse for personnel recruitment and placement An information exchange for municipalities on a national and statewide basis Training opportunities at annual conference sessions, Newly Elected Officials Seminar, Municipal Clerks Institute, AML/JIA-sponsored workshops, programs of the Consortium for Alaska Municipal Training, and other events sponsored or co- sponsored by AML as well as the training videotapes prepared by AML Service to member municipal associations including involvement in municipal policy and service development, AML affiliation and recognition, AML publications and services, AML conference draw for association meetings, and pre -conference meeting space Service to associate members including advertising, recognition, access to municipal leaders, AML publications, participation in as well as information on and understanding of issues of concern to municipalities, and special member rates Access to the Municipal Interim Management Services Program for members and the Range Rider Program for city administrators A well -managed office in Juneau staffed by concerned, knowledgeable, and service -oriented staff with facilities they can use when they are in town CITY OF KEMR FOR COUNCIL I NFORMRTI ON - October 17, 1990 Transfers of Funds under $10000 (KMC 7.25.020) Date Department Amount From To Explanation 10/10/90 Airport M & O $ 995.00 Contingency R&M Supplies Flood lighting egpt. for airport fire truck 10/11/90 Buildings. 999.00 Miscellaneous Small Tools Purchase scaffolding to remodel heating, cooling system at Rec Center & for future use. 0 October 12, 1990 TO: Kenai City Council V FROM: Kenai Chamber of Commerce RE: Kenai Senior Citizens Congregate Housing Recently, the Kenai Chamber of Commerce passed a resolution supporting funding of the proposed Senior Citizens Congregate Housing project. This resolution was passed in consideration of the long lasting benefits of this project that would accrue to our Community including provision of quality housing for our senior citizens so that they may continue to live near their families here in Kenai. We also expressed our support of this project in consideration of the benefits to the business community both as a result of the short term economic boost generated by the construction of the facility as well as the long, term benefits to service and retail businesses. It has come to our attention that recent solicitations for proposals to provide Architectural Design Services to the City of Kenai for this project resulted in the submission of a proposal by the Kenai firm of Kluge & Associates. Kluge possesses a seven year track record for consistently producing well designed public works projects that have subsequently been constructed within budget and on time. Kluge has extensive individual experience in the design of elderly housing projects. It appears that the team of Kluge and Associates is eminently qualified to provide the services requested by the City. The Kenai Chamber of Commerce has repeatedly stated our support of preference for local businesses. It is therefore with great surprise that we have learned that Kluge & Associates was not asked to be interviewed by the Committee assigned the task of making a recommendation for award of the contract to provide Architectural Design Services while three non -local firms were interviewed. As members of the community, and as taxpayers, the Kenai Chamber of Commerce wishes to take this opportunity to reaffirm our support for the Kenai Senior Congregate Housing and our support of local businesses. The Chamber requests that the Kenai City Council consider the proposal submitted by Kluge & Associates. Several local jobs will be created if Kluge & Associates provides these services for the City. The City will benefit from the proximity of a local firm during the design phase by avoiding the costs associated with travel to and from Kenai and the wasted time required to familiarize out of town firms with local site conditions and building practices. By.choosing a local firm, the City will. again benefit during construction by avoiding travel costs and by the presence of the Principal of the firm, who is also a member of the community, to protect the City's interests. The benefits of hiring a local firm will continue after construction as the Principal will be here in town to respond to maintenance items. o 9�Enai comrnuni(q _fdzazy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 REPORT FOR THE MONTH OF SEPTEMBER 1990 Circulation Adult Juvenile Easy Books Fiction 1535 372 1205 Non-fiction 1537 205 309 Total Book Circulation 5163 Films, Phonodiscs, Pamphlets, Periodicals 304 Total Circulation 5467 Addition Adult Juvenile Easy Books Gifts 118 6 25 149 Purchases 106 38 44 188 Total Additions 337 Interlibrary Loans Ordered Received Returned Books 69 33 35 AV 23 23 23 Interlibtaty loans by our Library Books AV 64 8 Volunteers Number .. 18 Total House .. 202 Income Fines and Sale Books 676.70 Lost or Damaged Books 95.40 Xerox 328.75 Total Income for September, 1990 .. $1,100.85 -WEnai Communi. q Li[izazy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued September, 1990 Homer 1 Kasilof 6 Kenai 96 Nikiski 26 Soldotna 30 Sterling 5 Other 4 168 Library Patronage ... 4,850 Persons COUNCIL PACKET DISTRIBUTION DATE: /% 719D Mayor and Council Fire Department Police Department Senior Center Library ✓ Parks & Rec. r/ AGENDA DISTRIBUTION Borough Clerk Anchorage Times Public Wks. Sec. Public Wks. Shop Bldg. Maintenance Bldg. Official Streets Anchorage News Bulletin Board Attorney/ Clerk City Manager K. Viall Finance ✓ Kim Public Works `� Clarion Airport ✓ J.LaShot Commissions Chamber Airport Assembly (5) Aging Animal Control EDC / Dock (Season) Library STP Harbor Legal Sec. Pks & Rec. � KCSY P&Z 1* DELIVER Council Packets to Fire Department Clarion Packet to the Clarion with published agenda prior to 5:00 p.m.