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1990-08-01 Council Packet
Kenai City Council Meeting Packet August 1, 1990 s AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 11 1990 A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders, Be SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Dennis Steffy - Fire Training School 2. Jim Spracher - Anchor Monument/American Merchant Marine l Veterans C. PUBLIC HEARINGS 1. a. Ordinance No. 1387-90 - Increasing Estimated Revenues and Appropriations by $1,600,000 in a New Capital Project Fund Entitled, "Bicentennial Visitors and Cultural Center." b. Substitute Ordinance No. 1387-90 (Includes proposed budget transfer.) 2. Ordinance No. 1388-90 - Increasing Estimated Revenues and Appropriations by $20,000 in the 1990-1991 General Fund Budget for the Abatement of Dangerous Buildings, 3, Ordinance No. 1389-90 - Increasing Estimated Revenues and Appropriations by $3,240,00 in the General Fund as a Result of Drug Enforcement Administration Forfeitures, 4. Ordinance No. 1390-90 - Increasing Estimated Revenues and Appropriations by $20,000 in the Parks Department for Construction of One Park Shelter. 5. Resolution No. 90-34 - Accepting State of Alaska Grant No. 9/91-906 in the Amount of $500,000 to Construct a Congregate Housing Facility, 6. Resolution No. 90-35 - Authorizing Submission of an Application to the State of Alaska for a Community Development Block Grant (CDBG) Under the DCRA/Rural Development Fund Program. 7. Resolution No. 90-36 - Accepting State of Alaska Grant No. 2/91-931 in the Amount of $3,300,000 to Construct a Congregate Housing Facility, 8. Resolution No. 90-37 - Designating Legal Secretary Diane Craig as Deputy City Clerk. 9. Resolution No. 90-38 - Awarding a Contract for Architectural/Engineering Design and Project Inspection for the Project Entitled "Kenai Bicentennial Visitors and Cultural Center" to Kluge & Associates for the Total Amount of $144,775, D. COMMISSIONICOMMITTEE REPORTS 1. Council on Aging 2, Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Parks & Recreation Commission 7. Planning & Zoning Commission 8. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of July 18, 1990. F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1391-90 - Increasing Estimated Revenues and appropriations by $111,f 174 in the Capital Project Fund Entitled "Airport Taxiways A-1 and A-2 Improvements." 4. *Ordinance No. 1392-90 - Amending the Official City of Kenai Zoning Map for a Portion of Section 32, T6N, R11W, S.M., Adjacent to F.B.O. Subdivision. 5. Approval - Application for Lease/Grace Drilling Company Lots 10, 11, 12, & 13, Blk. 1, CIIAP. 6. Approval - Easement on City Property/Pizza Paradisos/Portion of Sidewalk to be Covered by Canopy. 7. Approval - Final Change Order/Kenai Municipal Airport Terminal Building. 8. Approval - Change Order #AB/Kenai Senior Center Dining Room Addition/25 Additional Yards of NFS Fill in the Bury Pit, 9. Approval - Request for Security Assignment/Robert T. Bielefeld, Lot 1, Blk 5, Small Aircraft Apron Subd., City of Kenai I. ADMINISTRATION REPORTS 1. Mayor 2, City Manager 3, Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT MAYOR'S REPORT AUGUST 1, 1990 COUNCIL MEETING CHANGES TO AGENDA: ADD: B-3: Larry Powers - Corps of Engineers Permit - Tidelands Lease (John, there is a memo included with the hand-out information for each of the council members. ADD: Information Items No. 7 - Kenai Chamber of Commerce Chamber Chatter Information Item No. 8 - KPB Assembly Minutes, Regular Meeting of June 5, 1990. Information Item No. 9 - KPB Assembly Minutes, Special MEeting of June 12, 1990. Information Item No. 10 - KPB Assembly Minutes, Special Meeting of June 14, 1990. Information Item No. 11 - KPB Assembly minutes, Regular Meeting of June 19, 1990. CHANGES TO CONSENT AGENDA: Remove: E-1, Minutes of July 18, 1990 Meeting. Amendment to Minutes of July 18, 1990: Add to Item I-6: 1. On the Upland/Highland project, the City is going ahead with the project even though there s g e are three easements missing that needed to be signed by two parties. 2. Public Works Director sent the handed -out letter to the Corps of Engineers and RDC concerning the Kenai River Boat Launch. t�I t % I rpl, A-Upt 1% 10. Z, e--AAP'k a COUNCIL MEETING OF i COUNCIL MEETING OF 1791-1991 CITY OF KENAI "Od ea0piL.71 44u44a it 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: Council Members City of Kenai FROM: Caro1.L. Freas, City Cl rk City of Kenai DATE: July 25, 1990 RE: ANCHOR MONUMENT Kenai Chapter of the American Merchant Marine Veterans Today at approximately 10:15 a.m., I took a call from Mr. Jim Spracher of the Kenai Chapter of the American Merchant Marine Veterans, Mr. Spracher informed me that the anchor Ito be used for the proposed monument at the Memorial Park) was deposited at the Rig Tender's Dock at 7:00 a.m. today. I asked Mr. Spracher if he or another representative of his organization would be available at the Council Meeting scheduled for August 1, 1990 at 7:00 p.m. Also, that the Council wishes to have a drawing available for them to review. I told Mr. Spracher that the Council had discussed the concept of the anchor monument and at this point did not have a problem with the concept. However, the Council wishes to see a drawing or picture of the proposed monument for final approval. Mr. Spracher stated that he would be in touch with Patrick Malone, who is to make a drawing of the proposed monument. Mr. Spracher also stated that either he or Mr. Malone, along with the drawing or photograph would be at the Council Meeting, Mr. Spracher added that the anchor is available for examination at the Rig Tenders' Dock at this time. The anchor will be moved to Mr. Daniel Toloff's yard in North Kenai where they will chip and repaint it. I thanked Mr. Spracher and asked again if a representative from his organization would be at the Council Meeting. He stated that someone would be there. clf J i AUSKA, r. r � „�.__' � ,� � • 7���' 1 it A��iy3��1 ��I.~V`:Alti►1► Y�J':*�.i�� �iYLir1��E'• ► ' ` too .^ ALASXA MWLT LAND CMPTIR �- bOx 1251, =M19 ALASKA 9SE11 1 -o; Lai 1ygo, rt E At JOIIi W lU AkS MAI ALASKA • •'•••• •' .,s"� ."mac ti !'l0h. SlRI C o TIUS AhMOR IS A MOMOW TO C7 y SCAN VVvvi.L IMCMk& kArUhZ Y1'Cl(Ltky S pcz C2. CD cD '+v ALL MAW= PAST Pf==T FUTURZ � � NF1�AC� 1� � o. (. UNTO Z]C+'. TUFUS FUaIT..... 0 CD Z 0 O N= m SINCXR.SLTI 0 o �, a K NAI JIM m = CD CD o fiRX bOS t b �7 C.0 'C 9 to O _. 0 -v w CD ''" .�,�. CD r —% CA Q' Irt c C 3 �(D O m o• to f° Q a �o t�� r m , #, cl) M IC m �pa N rn�=}, V) cx O �C► O y t - S c� ' � f f j ,z 01 1791-1991 CITY OF KENAI %%Od ;'/'-71 4iad4a ealai 4 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: John J. Williams, Mayor Wm, J. Brighton, City Manager Timothy - J . Rogers, City Attorney Keith Kornelis, Public Works Director FROM: Carol L. Freas ity lerk City of Kenai DATE: August 1, 1990, 3:40 p.m. RE: LARRY POWERS/CORPS OF ENGINEER PERMIT At approximately 3:40 p.m. this afternoon, I took a telephone call on my line, 283-7539. The call was from Larry Powers (who did not state his name until well into the conversation). Mr. Powers � • • first requested to speak to Mayor Williams, then Bill Brighton, then the City Attorney, and then Keith Kornelis. After informing Mr. Powers that none of the people he requested to speak to were in the office at the time, I asked Mr. Powers what the call was regarding. Mr. Powers stated that it was in regard to the letter Keith Kornelis wrote to the Corps of Engineers explaining that the City permit requested of Kenai objected to the p q ted by Mr. Powers. Mr. Powers went on to say that when he last spoke to the Council he was told that the Council did not object to him havingpermit y letter was written* and were sorry the a Mr. Powers stated that he would like a letter written to the Corps stating that the City does not object to him receiving the permit. Mr. Powers stated further that in the meantime he was going to sue the City and all the people responsible for loss of revenue. -1- Mr. Powers stated that he has a signed statement from the Corps which says that he did not get the permit on July 7th due to the City of Kenai's objection. Mr. Powers would like the requested letter sent to the Corps as soon as possible. Mr. Powers asked if the next Council Meeting was tomorrow. I told him that it was tonight. Mr. Powers said to put him on the agenda. I told -him that the agenda was already completed. Mr. Powers said that he could be added. I stated that I will inform the Mayor that he is requesting to be added to the agenda. Mr. Powers acknowledged that this was the procedure. I asked Mr. Powers if he wanted a message to return the call to each of you. He stated yes. I asked for his phone number. He told me he was in Anchorage, but in Kenai his number is 283-5828. The conversation ended. NOTE: In looking through Kim's file, I see that her last correspondence with Mr. Powers was on July 24, 1990. Kim stated that the insurance certificate which was received was inadequate and did not meet with the requirements of the lease. She went on to say that if an adequate certificate of insurance was not received by Tuesday, July 31, she would forward the matter to the Legal Department. Kim's file also has a written note dated July 25, 1990. The note states that she had a telephone call from Mrs. Powers and that Mrs. Powers stated that a second certificate of insurance would be sent. As you know, Kim has been out of town. I looked through her in - basket of mail, etc. I did not find a second certificate of insurance. -2- /000- KENAI CITY COUNCIL - MINUTES MAY 16, 1990 PAGE 11 There was no public comment. Motion passed unanimously by roll call vote. C-4 Ord. 1372-90 - Amend KMC 23 - Adding Job Classification - Sewer Treatment Plant Operator MOTION: Councilman Measles moved, seconded by Councilwoman O'Reilly, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-5 Res. 90-20 - Setting Percentage - Lease of City Lands MOTION: Councilman Measles moved, seconded by Councilman Smalley, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-6 Res. 90-21 - Transfer of Funds - Repairs to City Hall Ventilation - $9,000 MOTION: Councilwoman O'Reilly moved, seconded by Councilwoman Swarner, to adopt the resolution. There was no public comment. Councilman Walker. $2,800 for remainder of year? Public Works Director Kornelis. This would zero out the account. We feel $2,800 would be needed to complete for other possible problems. Councilman Walker. Complete what? City Manager Brighton. It is surplus to prevent us from coming back before the end of the year. If it is not used, it will come back to General Fund. It is not identified to be spent at this point. Mayor Williams. Are there Barber Coleman dampers on the back? Public Works Director Kornelis replied, I do not know. C-7 Renewal of Liquor License - Kenai Merit Inn Mayor Williams. (Reviewed letter from Kenai Borough attorney, distributed this date) We do not have to take any action. Councilwoman Swarner. It should be noted it says that the Borough and Soldotna taxes are delinquent, not Kenai. Mayor Williams. They have property in Soldotna. Councilwoman Swarner. She goes speeding down my street. Mayor Williams. Have her arrested. C-8 Tidelands Lease Application - Tract C - Larry Powers Councilman Walker (to Mr. Powers). In a Harbor Comm. meeting earlier this month, there were several items KENAI CITY COUNCIL MEETING MINUTES OF JUNE 61 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 7:05 p.m. in the Council ChambersPP y in the Kenai City Hall Building. A -le PLEDGE OF ALLEGIANCE A-2. SWEARING IN OF CITY CLERK Carol L. Freas, newly hired City Clerk, was sworn in b Mayor Williams, y y A-3. ROLL CALL Roll was taken by the City Clerk. Present were: Walker Swar, ner, Monfor, O'Reilly, Smalley, and Williams. Absent was: Measles. A-4. AGENDA APPROVAL There were no changes to the Consent Agenda.- B-2: Mr. Tucker Thompson will not be attendingthe meeting due to illness g His wife, Collette, will speak in his absence. Add to B-3: Mr. Blaine Gilman has requested to be added to the Agenda to respond to the comments of Mr. Guy Hibbert of AAA Taxi, Add B-7: Mr. Larry Powers has requested to speak to p the Council regarding approval of his tideland s lease. Kim Howard stated that the appraisal will not be read for another two weeks. Cityy Manager Brighton added that the plans and permit do not match and that not much more can be done until then. Mr. Powers left the building, Add C-11(c): Pizza Paradisos/Restaurant Designation Application. g G-1: OEKOS proposal/failed at Borough Meeting of g g 6/5/90. Add D-3 and Parks and Recreation and Economic Development D-6: Committee minutes. KENAI CITY COUNCIL - MINUTES MAY 16, 1990 PAGE 12 they brought up. Have you been made aware of these items? Larry Powers. No, but I am aware of them. Councilman Walker. In the Corps. permit and lease application, all numbers should be the same. Are the designs signed by the engineer? Mr. Powers. I believe SO. The 1988 Corps. permit for this (Aug. 11, 1988) allows me to do a 24 f t. wide boat launch into the river. Council had a chance to object then and did not, but they are now. Mayor Williams. There is no objection being done. Mr. Powers. This is not the same as the drawings. But since 1988 I have had 3 years to gather funds and get ideas. I have a letter with the permit for Council to review. (The letter was distributed) This letter came with the Corps. permit. The engineers finished the drawings this date for the project. I could have amended the Corps. permit applied for that Mr. Kornelis wrote a letter on May 9. I think we are talking about 2 different Corps. permits. Mr. Kornelis' letter has a different number than the one I have. I have 17 acres, I want 2 floating docks, 1500 boats stored. I have every intention to go up to 150 ton boats, larger than anything we can pull out now. I don't know why the City would object to having another Corps. permit issued. That is down the road a bit. Mayor Williams. The City has never objected to issuance of the Corps. permit: Mr. Powers. Mr. Kornelis'letter objected to issuance unless drawings were modified. That is still in the planning stage - that dock, etc., and will not come about for several years. Mayor Williams. The Corps. letter - 2nd paragraph says if there are changes -on location, plans should be submitted to the office. That is the primary concern. Mr. Powers. The drawings are complete. All we have been waiting for is stamped engineer's drawings. We should be on line with that. The old Corps. permit of 1988 can be amended. Councilwoman O'Reilly. Is this letter of Aug. 11, 1988 granting Corps. permit to be used for this floating dock?Mr. Powers. Yes, that was issued before I knew the City owned the tidelands. Councilwoman O'Reilly. And you are in the process of doing paragraph 2 (Kluge letter)? Mr. Powers. Yes, I will get with the Corps. May 17. Councilwoman O'Reilly. Is this Corps. permit good for an indefinite period? Mr. Powers. Yes, It took me one year to get the permit. Councilman Smalley. The May 7 letter from Mr. Kluge. #2 deals with anchors and lateral movement. Are you going to alter your - - - ? Mr. Powers. Yes, the new plan calls for pilings. There are no objections from the Corps for that. Mr. Borsetti (Corps. of Engineers) said there were no objections to Mr. Kornelis' submittal. In several days we could have approval. Councilman Smalley. Number 4 (Kluge letter), any problem? Mr. Powers. No, that is what it is designed for. I will probably not have that much of a load. It is what Marvin Dragseth did for 10 years. KENAI CITY COUNCIL - MINUTES MAY 16, 1990 PAGE 13 Public Works Director Kornelis. This permit we have never seen before. In the packet is a copy of the Corps. permit. This is the first time we have seen this Corps. application. Engineer LaShot and I noticed different things from the Corps. permit and submitted drawings. This was submitted to the Harbor Comm. The Harbor Comm. made a motion that the drawings we receive should be similar to those of the permit. The drawings have not been signed yet. In response to the application, I wrote the May 9 letter. I did not mean we objected to the permit. I sent a copy to Architect Kluge and Mr. Powers. I called the Corps. of Engineers to say we were not objecting, just to make sure it was the same as the drawings the Corps. had. They thought the Corps. permit should be modified and then submitted to the City. Mayor Williams. Admin. Asst. Howard has designated questions on the memo. We will want to lease the lands contingent on those measures. MOTION: Councilman Walker moved, seconded by Councilman Smalley, that we enter into a lease agreement with Larry Powers or at least accept the lease agreement with Larry Powers, based on modification of Corps. of Engineers permits and signature on the lease. MOTION, Amendment: Councilman Walker, with consent of second, amended the motion to add that the City enter into the lease application provided the lease be stamped and signed and contingent upon approval by Corps. of Engineers. Motion, as amended, passed by unanimous consent.. D. -"- COMMISSION/COMMITTEE REPORTS D-1 Council on Aging 49 Councilwoman Swarner. Congregate Housing received $3.8 Million from the Railbelt Energy Fund but it has not been signed by the Governor. Mayor Williams. It was not all from Railbelt Energy Funds. Councilwoman Swarner. The Congregate Housing committee is still meeting weekly. The fashion show is this week. Program Director Porter. The presentation to United Way is May 21. Mayor Williams. The Senior Citizens housing. Council should be considering future plans, selection of architect, design committee other than that in place, people professionally involved in this. $3.8 Million is not close enough for the original project. We have to make a determination whether we want to stop at that or "sweeten the pot." That will be tied with the architect fees. I think we can get more for our "buck." $5.2 Million is excessive. 40 units is $100,000 per unit. We can do it, but we need an architectural review contingent upon how soon we can proceed. City Manager Brighton. We have to have notification that the money is available and Council has to 1791-1991 CITY OF KENAI eapi4d 4�q�„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: John J. Williams, Mayor Wm. J. Brighton, City Manager Timothy J. Rogers, City Attorney Keith Kornelis, Public Works Director FROM: Carol L. Freas, City erk City of Kenai ' DATE: August 1, 1990 4:30 p.m. RE: LARRY POWERS/CORPS OF ENGINEER PERMIT At approximately 4:30 p.m. this afternoon, I took a telephone call from a woman introducing herself as Dawn Powers. What Mrs. Powers asked me for was a bit unclear. Mrs. Powers asked if Larry Powers had spoken with the Mayor. I told Mrs. Powers that when he telephoned, all the people he p requested to speak with were out of the office. She asked if q there was a fax for the Mayor, or a letter from the Mayor being done. I told Mrs. Powers that the Mayor had not been in this office today. I told Mrs. Powers that Mr. Powers stated that he was going to be at the Council Meeting tonight. Mrs. Powers stated that she knew that Mr. Powers was in Anchorage and she was not aware of everything going on and that she was not able to get in touch with him at the moment. The conversation ended. clf C __0_ / Suggested by City Council City of Kenai ORDINANCE No. 1387-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,600,000 IN A NEW CAPITAL PROJECT FUND ENTITLED "BICENTENNIAL VISITORS AND CULTURAL CENTER." WHEREAS, the Economic Development Administration of the U.S. Department of Commerce has awarded the City of Kenai a grant in the amount of $800,000 for construction of a Bicentennial Visitors and Cultural Center, and WHEREAS, the grant must be matched with $800,000 of City money, which is available in the Capital Improvement Reserve. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Capital Improvement Reserve $ 800,000 Increase Appropriations: Non -Departmental - Transfer to Capital Projects $ 800,000 Bicentennial Visitors and Cultural Center Increase Estimated Revenues: Transfer from General Fund $ 800, 000 EDA Grant 800,000 $1,600,000 Increase Appropriations: Administration $ 1,800 Engineering design 75,900 Inspection 46,800 Construction 11405,010 Contingency 70,490 $1,600,000 1 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of August, 1990. ATTEST: Carol L. Freas, City Clerk Approved by Finance: e491 (7/12/90) kl JOHN J. WILLIAMS, MAYOR Introduced: July 18, 1990 Adopted: August 1, 1990 Effective: August 1, 1990 2 'P��EpT OF ES JUL 02 1990 Mayor and Members of the City Council City of Kenai Kenai Bicentennial Visitors and Convention Bureau 210 Fidalgo Street. Kenai, Alaska 99611 Ladies and Gentlemen: UNITED STATES DEPARTMENT OF COMMERCE The Assistant Secretary for Economic Development Washington, D.C. 20230 In reply refer to: Award No. 07-01-03198 We are pleased to enclose herewith two signed copies of a Financial Assistance Award in an amount not to exceed $800,000 issued pursuant to your application for Federal assistance to construct a 9,000-10,000 square foot building to be a multiuse cultural and convention center. The total project cost is $1,600,000, which is based on the line item estimates contained in Attachment No. 1. Your agreement to the terms and conditions of the award should be indicated by the signature of your principal official on both of the signed copies of the Financial Assistance Award. One of the executed copies should be returned to the Director, Seattle Regional Office, Economic Development Administration, Room 1856, Jackson Federal Building, 915 Second Avenue, Seattle, Washington 98174. You are cautioned not to make any commitments in reliance on this award, nor to enter into negotiations relative hereto, until you have carefully reviewed the terms and conditions and have determined that you are in compliance or that you can comply therewith. Any commitments or undertakings entered into prior to obtaining the approval of the Government in accordance with its terms and conditions will be at your own -risk. Sincerely, L. Joyce Hampers Assistant Secretary for Economic Development Enclosures Form ED-508 U.S. DEPARTMENT OF COMMERCE ATTACHMENT NO. 1 (Rev. 3/89) ECONOMIC DEVELOPMENT ADMINISTRATION PUBLIC WORKS PROJECT COST CLASSIFICATIONS Kenai Peninsula EDA Award No, 07-01-03198 State: Alaska County: Borough Cost Classification Proposed Approved =r Administrative and legal expenses $ 1,800 $ 11800 Land,,structuresj and rights -of -way appraisals, etc. 0 Relocation expenses and payments 240 01 Architectural and engineering fees 75,900 75,900 Other architectural and engineering 0 fees Project inspection fees 46,800 46,800 Site Work 171,760 0z Construction 1,233,250 1/405/0102 Equipment 0 Contingencies 70,250 70.490' TOTAL PROJECT COSTS $1,600,000 $1,600,000 Remarks: 'No such expense anticipated, moved to contingency. 2Combined site work with construction. SUBSTITUTE Suggested by City Council City of Kenai ORDINANCE NO. 1387-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,600,000 IN A NEW CAPITAL PROJECT FUND ENTITLED "BICENTENNIAL VISITORS AND CULTURAL CENTER." WHEREAS, the Economic Development Administration of the U.S. Department of Commerce has awarded the City of Kenai a grant in the amount of $800,000 for construction of a Bicentennial Visitors and Cultural Center, and WHEREAS, the grant must be matched with $800,000 of City money, which is available in the Capital Improvement Reserve. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Capital Improvement Reserve $ 800,000 Increase Appropriations: Non -Departmental - Transfer to Capital Projects $ 800,000 Bicentennial Visitors and Cultural Center Increase Estimated Revenues: Transfer from General Fund $ 800,000 EDA Grant 800.000 $1,600,000 Increase Appropriations: Administration $ 1,800 Engineering design 100,697 Inspection 44,078 Construction 1,405,010 Contingency 48,415 $1,600,000 1 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of August, 1990. ATTEST: Carol L. Freas, City Clerk Approved by Finance: ew (7/12/90) kl K JOHN J. WILLIAMS, MAYOR Introduced: July 18, 1990 Adopted: August 1, 1990 Effective: August 1, 1990 Suggested by: Legal Department City of Kenai ORDINANCE 1388-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $20,000 IN THE 1990-1991 GENERAL FUND BUDGET FOR THE ABATEMENT OF DANGEROUS BUILDINGS. WHEREAS, the City of Kenai has adopted the Uniform Code for the Abatement of Dangerous Buildings by enacting KMC 4.10.010; and, WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings provides that an appropriation shall be established for such repairs and demolitions; and, WHEREAS, the City desires to abate dangerous buildings and no funds have been set aside for the abatement of dangerous buildings; and, WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings provides that any sums expended for abatement become a lien upon the property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance 20 000 Increase Appropriations: Non -Departmental Repairs & Demolitions 20 000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of August, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 18, 1990 Adopted: August 1, 1990 Effective: August 1, 1990 Approved by Finance: C'e1 (7/12/90) �-3 Suggested by: Police Department City of Kenai ORDINANCE NO. 1389-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,240.00 IN THE GENERAL FUND AS A RESULT OF DRUG ENFORCEMENT ADMINISTRATION FORFEITURES. WHEREAS, the City of Kenai has received $3,240.00 from the U.S. Department of Justice, Drug Enforcement Administration as a result of cash forfeitures in drug cases, and WHEREAS, the City of Kenai is required under the Equitable Sharing of Seized Assets Program to spend the money for law enforcement purposes, and WHEREAS, the Police Chief recommends purchasing vehicle strobe lights, a rifle scope, a surveillance transmitter, and other police equipment. 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: DEA forfeitures $3 , 240.00 Increase Appropriations: Police - Small tools & minor equipment $ 681.49 Police - Machinery & Equipment 2,558.51 $3,240.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of August, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 18, 1990 Adopted: August 1, 1990 Effective: August 1, 1990 Approved by Finance: (7/12/90) kl c-� Suggested by: City Council City of Kenai ORDINANCE 1390-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $20,000 IN THE PARKS DEPARTMENT FOR CONSTRUCTION OF ONE PARK SHELTER. WHEREAS, the City Council desires that the City construct one park shelter at the softball greenstrip off Main Street Loop. 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: Appropriations of Fund Balance $20,000 Increase Appropriations: Parks - Buildings $20,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of August, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 18, 1990 Adopted: August 1, 1990 Effective: August 1, 1990 Approved by Finance: (7/13/90) kl Suggested by: Administration City of Kenai RESOLUTION NO. 90-34 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING STATE OF ALASKA GRANT NO. 9/91-906 IN THE AMOUNT OF $500,000 TO CONSTRUCT A CONGREGATE HOUSING FACILITY. WHEREAS, the State of Alaska has offered the City of Kenai a grant in the amount of $500,000 to construct a congregate housing facility, and WHEREAS, the State requires that the Kenai City Council accept the grant by ordinance or resolution. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City accept the State of Alaska Grant No. 9/91-906 in the amount of $500,000. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 1st day of August, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (7/19/90) kl STANDARD AGREEMENT FORM FOR MUNICIPAL GRANTS This agreement is executed between the State of Alaska, Department of Administration (Hereinafter called the "State"), and the City of Kenai ;(Hereinafter called the "Grantee"); WIT NESSETH that: Whereas, the Grantee is willing to undertake the performance of this grant under the terms of this agreement; . Whereas, the Grantee has the authority under the State law or local charter to provide the services for which funds were appropriated; Whereas, the State has the authority to enter into this agreement by AS 37,05,315; Whereas, unexpended funding for this grant lapses on the five year anniversary date of July 10, 1990 if the project is not substantially underway or upon completion of the project if work is completed prior to the five year anniversary date or if substantial, ongoing work stops after the five year date is reached; Whereas, the grant number is; 9/91-906 Whereas, the grant amount is; $500,000 Whereas, the grant purpose is; Congregate housing facility construction Whereas, the Grantee intends to use these funds as explained below; Construct a congregate housing facility. The project may include administration, design, inspection, building construction, and related costs such as site development, parking facilities, and facility furnishings. (Rev. 5/90) Page 1 of 4 _. 4 C-� CITIZEN PARTICIPATION The City of Kenai is holding a public hearing on Resolution No. 90-35 at the regular Council Meeting of August 1, 1990 in the City Hall Council Chambers. The purpose of the public hearing is to invite citizen comment on a proposal for the City to sponsor a Community Development Block Grant proposed to be received from the State of Alaska and loaned to Peninsula Athletic Club II and its owner, Wayne Leitner. It is expected that the grant/loan amount requested will be $25,000 and will be used for construction. Suggested by: City Council City of Kenai RESOLUTION NO. 90-35 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING SUBMISSION OF AN APPLICATION TO THE STATE OF ALASKA FOR A CONIlKUNITY DEVELOPMENT BLOCK GRANT (CDBG) UNDER THE DCRA/RURAL DEVELOPMENT FUND PROGRAM. WHEREAS, CDBG funds are available to support economic development projects which are ready to implement and for which jobs created or retained will be made available to lower income persons; and WHEREAS, the Peninsula Athletic Club II Rural Development Fund Project represents a commitment of private resources towards enhancing the vitality of the area and expanding the employment opportunities in the local area; and WHEREAS, it is necessary that certain conditions be met as part of the application requirements; and WHEREAS, the City of Kenai will provide citizens with reasonable notice of, and an opportunity to comment on, any substantive change proposed from one eligible activity to another; and WHEREAS, the City of Kenai shall agree to comply with all applicable federal and state regulations in the event that this application is selected for funding, including federal and state regulations in regard to the environmental impact of the project; and WHEREAS, the City of Kenai will provide opportunities for citizen participation in accordance with the CDBG Citizen Participation Plan, and has complied with all applicable public requirements; and WHEREAS, the City of Kenai will conduct and administer its programs in conformance with Title VI and Title VIII of the Civil Rights Act of 1964, and affirmatively further fair housing; and WHEREAS, the City of Kenai Community Development Block Grant project will not result in the displacement of persons, or use of CDBG funds for public improvements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is authorized to submit an application to the Department of Community and Regional Affairs on behalf of the City of Kenai in the amount of $25,000 to assist with the Rural Development Fund Project of Peninsula Athletic Club II. 1 City of Kenai Resolution No. 90-35 Page Two BE IT FURTHER RESOLVED that the City Manager is hereby authorized to provide such additional information as may be necessary to secure approval of this grant application; and BE IT FURTHER RESOLVED that the City of Kenai is authorized to enter into an agreement with the Department of Community and Regional Affairs for the funding and administration of the Rural Development Fund project upon review and approval of the grant documents by the City Administration. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of August, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (7/20/90) kl MEMORANDUM TO: Kenai City Council 1791-1991 CITY OF KENAI "Od eap ;A-71 4 44u4a It 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 FROM: Charles A. Brown, Finance Director DATE: July 20, 1990 SUBJECT: CDBG - Peninsula Athletic Club II I have reviewed material published by the Department of Community and Regional Affairs relating to the Community Development Block Grant program (CDBG) under the Rural Economic Development Initiative (REDI). I have had conversation with Wayne Leitner, owner of Peninsula Athletic Club II, and with Judith Holden, Block Grant Administrator with the State of Alaska. It is my opinion that the Council should defeat the accompanying Resolution for the following reasons: (1) There are two distinct programs within this CDBG program: (a) the Entrepreneur Fund and (b) the Lender Participation Fund. Information provided to the City by Mr. Leitner demonstrates that he intends to apply under the Entrepreneur Fund. (I later confirmed this by telephone). Eligibility requirements for this program (see page three, attached) include "He/She must reside in and have their principal place of business in a program eligible local government". Note that the location requirements for the Lender Participation Fund (see page six, attached) are not this strict. I discussed this with Judy Holden of C.& R. A., and she was unaware of this difference. She said that if Mr. Leitner was applying under the Entrepreneur Fund, the Borough would be the proper government for application. (She said she did not know why there is this difference between the two programs.) The proposed application by Peninsula Athletic Club II does not meet basic eligibility requirements because it is located outside the City limits. This is contrary to what has been represented to Council, but it is what the written material says. 1 Page Two Kenai City Council July 20, 1990 (2) The City of Kenai will be ensuring that Peninsula Athletic Club II conforms to environmental requirements (see page nine, attached). I doubt that we want to take this responsibility. (3) At the last Council meeting, I asked the State representative if the City would be responsible to monitor employment practices by the business to ensure that it conforms with the grant agreement. The response was essentially that we would not have to monitor the business, only to inform the State if some practice contrary to the agreement came to our attention. Material received from the State of Alaska (see page nine, attached) says "the local government is responsible for ensuring conformance by the business with recruitment and hiring procedures outlined in the agreement". Again, this is not what we have been told, but it is what the written material says. (4) The seventh "WHEREAS" of the resolution says that the City will "affirmatively further fair housing". This language is in the sample resolution provided by the State. I note that, unlike other paragraphs in this resolution, this paragraph does not say it applies to this grant. Therefore, I assume the State intends for this to apply to all programs we administer. This could have unknown, but probably detrimental, effect on the congregate housing project. For the above reasons, I recommend that the City not participate in this program. F' 7 �y T 4 RURAL DEVELOPMENT ra.. FUND PROGRAM I � 1. THE ENTREPRENEUR FUND. Program Purpose The Entrepreneur Fund is designed to help small, emerging businesses is rural areas grow by providing loans for operations and needed equipment and inventory. The • following objectives guide the program's loan decisions: • To assist small businesses which fill a local need in rural communities; • To work exclusively with individuals who have already demonstrated they have the entrepreneurial and technical skills to survive and preferably who already own their small business; • To work with individuals who have a good reputation in the community; • To support ventures which will help to increase the range of business services in rural Alaska and products produced in these regions of the state; • To fill in financing gaps not met by private lenders or other public loan programs; and • To assist projects which have a likelihood of being successful so that funds revolve for use by other businesses and jobs are created in rural Alaska. Eligibility In order for an applicant to qualify for the Entrepreneur Fund, the following basic criteria must be met: • -He/she must reside in and have their principal place of business in a program eligible loc( r government. I J • The applicant must have been in business at least six (6) months or been performing the same type of work for at least one year. • Only for -profit businesses are eligible to apply. Maximum Loan The loan amount will be determined by the Loan Committee based on the needs of the project. The maximum loan approved under the Entrepreneur Fund will be $25,000. Loan Repayment Terms The fund will require regular repayments over a reasonable length of time. Rapid repayment of working capital funds is encouraged. If the project requires a non -conventional payment schedule this can be accommodated by the program, but generally payments. will be made monthly. __.. r Interest Rates The interest rate for the Entrepreneur Fund is set annually by the DCRA. This fixed interest rate' will remain the same for the duration of the life of the loan. The fixed interest rate for FY 89-90 is. 7%.. Eligible Projects This fund is designed for small developing and expanding rural businesses. The business can be 'service,,retail tourism in manufacturing, processing, s or a cottage industry. 3 f. RURAL DEVELOPMENT FUND PROGRAM 11. LENDER PARTICIPATION FUND While the Entrepreneur Fund is for emerging businesses, the Lender Participation Fund is p reserved for : Borrowers who demonstrate a need for greater amounts of capital and can show that at least half of the needed funds are available from other sources. The following objectives guide the program's loan decisions: • To assist rural businesses to grow; • To work exclusively with individuals who have already demonstrated they have the entrepreneurial and technical skills to survive; • To work `with individuals who have a good reputation in the community; • To support ventures which will help to increase the range of business services in rural Alaska and products produced in these regions of the state; • To fill financing gaps not met by private lenders or other public loan programs while encouraging maximum participation of the private sector in rural Alaskan investments; and • To assist projects which have a likelihood of being successful so that funds revolve for use by other businesses and jobs are created in rural Alaska. =Mligihitity, . order to qualify for the Lender Participation Fund, the basic criteria of the Applicant are: q Y • The principal owners must be residents of the state of Alaska and the business must be located in ,or near an eligible_ local government. • The Applicant must demonstrate that at least half of the funds needed by the project are available from another source. • The Applicant must have at least 20% equity in the value of the project with a minimum 10% cash investment as a part of that equity. • The business must have a valid and current Alaska business license. Maximum Loan The maximum loan available to one borrower is $100,000 or one half of the project budget, whichever is less. The actual loan amount will be determined by the needs , of the project on a case -by -case basis. Loan Repayment Terms The fund will require regular repayments over a reasonable length of time. Rapid repayment of working capital funds is encouraged. If the project requires a non -conventional payment schedule some flexibility can be accommodated by the program, but generally payments will. be made monthly. Interest Rates The interest rate for the Lender Participation Fund is set annually. The annual fixed rate for FY 89-90 has been set at 7%. u RURAL DEVELOPMENT FUND PROGRAM III. LOCAL GOVERNMENT PARTICIPATION One objective of the CDBG-REDI RDF program is to involve local government in decisions and administration of the funds. Each project funded under. the Rural Development Fund must be. endorsed by resolution by a unit of local government: The local government must meet certain public participation requirements before making a resolution to support a project. A sample form of resolution and guidance in meeting the public participation requirements are contained in the application materials. In addition, certain federal requirements, including meeting environmental standards, -.must be met by fund borrowers. The local government is the designated agent for ensuring that borrowers are aware of and conform to environmental, zoning and, permitting requirements. Finally, the local. government is a party to an employment agreement. In .this agreement, the local government is responsible for ensuring conformance by the business with recruitment and,, hiring procedures outlined in the agreement., The funds which are approved for lending to a Rural Development Fund borrower, either under the Entrepreneur Fund or the Lender Participation Fund, will be granted to the unit of local government for the sole purpose of making the approved loan to the business. The unit of local government will assign repayments back to the state-wide revolving loan fund. SINCE THE UNIT OF LOCAL GOVERNMENT HAS RECEIVED A GRANT FROM THE DEPARTMENT TO MAKE THE BUSINESS LOAN IT IS NOT RESPONSIBLE FOR REPAYMENT OF THE LOAN IN THE EVENT THE BUSINESS IS UNABLE TO MEET ITS REPAYMENT OBLIGATIONS. If the local government incurs costs in carrying out the administration of the grant, including an audit, these costs can be included in the grant and reimbursed. The maximum which may be reimbursed is five percent (5%) of the loan amount; local governments are encouraged to hold reimbursables to a minimum. Suggested by: Administration City of Kenai RESOLUTION NO. 90-36 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING STATE OF ALASKA GRANT NO. 2/91-931 IN THE AMOUNT OF $31300,000 TO CONSTRUCT A CONGREGATE HOUSING FACILITY. WHEREAS, the State of Alaska has offered the City of Kenai a grant in the amount of $3,300,000 to construct a congregate housing facility, and WHEREAS, the State requires that the Kenai City Council accept the grant by ordinance or resolution. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City accept the State of Alaska Grant No. 2/91-931 in the amount of $3,300,000. -PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 1st day of .;:August, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: C' (7/24/90) kl � i f t s c STANDARD AGREEMENT FORM FOR MUNICIOPAL GRANTS This agreement is executed between the State of Alaska, Department n t r ;-t riv` a �• • - t r led the "State" and the C1 of Kenai t Hereinafte cal �'�� �y i r t • 4' of Administration ( � ty .=ice .•`r"; .�t "iirl ty �c`ti � 1•'. • (Hereinafter called the "Grantee"); - ,'�t ��'h� ' O.II t l A � _ 1 Z ,•' C rr • •1 1,,\ ± J '•,fill .y , J` rs.' S + t . ••>ti v:at�t• t���.`i I '•a 1 .a' WITNESSETH that.'- .i' , �� 'L. ''('.�i l�''\} �\ � a'. .,}•1 *:.�yt �'.t+ L..~� t i' ':' ,i. t. t tti - • a..•�j p..t_ M. .. is ',, ..1, .� r. , 0� :r � i.-,a ''y 1".�•', r�pr .t .�,�1'1�' .l `.�+ :Y -}, 1' i :1. M 'T#. � } •-`' 1 �,. • •.i -1 ,tl r 'r. 't ♦.1 ,r i �4l. .1 >r. h. A'.'tt� �; ' '•t�(�p y'� l"5:,. '.:=.. t'• .t y ! . ir,f _' � 'C� ,(,N �,.. .\3. r `\. .t'• •i- ,• �. �• .-liH.�•u .7. ,,'•L' :� .S tr'` c: �! '�y.�l• �, �.�.Y , 1r� 1J\ t ''�' ,\i•1S 'i. 'i ,tt •;�1!. .y 1•� ! :�1: y .f' ° � ;'k] ,�,sj'i'',�t.�'••:•'�,wa •1.t�..rxi,', '., i'•'y'�, t'. ,i,t F - •y` ,� f ..ta'�t q','r `�� i't�.j>,1 '•St j� ' `r" t� ' Whereas, the Grantee is willing to undertake the performance of this .i,��`�3FT.{•ti\a"ti'3-�i �itia'1�:3�j La`s r�t�ti. 1 i .i ait�4 lam,,.. tii 1.•�'�•.• 4�� _=Kr 3+, r\�~,•\ t :; t .�1\ a r,',' 'r l'� f.: ;t \. f rI '/ �• • 4 \ 2,.i •i;.f r.`t:1.' a� grant under the terms of this agreement, i 3'ti•y,,r+ti r},tt'{l.i�r r 1 a } -4i. K`l,-l�'•' j,s w Whereas the ty Grantee has the authors �•�un , der the State law or local '•� ai j�a� a'dr 4 r ~ dK� L y .L- _ :`charter torovide the services for which funds were appropriated; . .ts '•-` •a :'h,��qh 1":13 •.�1�Ya, , p r, j Whereas, the State has the authority to enter into this agreement by a', �.�• 3a�,r 11L A� }t]- t' r ,•! f >.F if. aY. \. 'S. , :, Sn'• .... .�, r` /'. •r.ai..j}, L,• �� �...4• �',.' .s. ai\ . 7. •C i, ,rt .t;, '•,1 ,,. L U i� , 1 ,f1.� •:. •y}, a,,iw i' a. '_�i: i>� '' t ♦"i ��„ it^�.�- �' ti. i,1' .I [. .rt 1Y' .•ti''1' '�, •�' ♦. 'i r a 'tI •l .�''. t7• { i 11 ..{,..��j, ,.1 . t.' -, • 'v -1' 7": •;,, ..yy "i, R . L • , :.;•e •.,,.. - 1 :1s•' ,. ` •'�•F," ._i,, aj .i'. �1•e. jf ...at� y !" 'r'#.1 "#' ,_.i, 1 L'j •�f '3 t,'. , �.i•' .,tij y. �-, p: ,} • -'3`'',{r���y '.!•.�. .'�a-`. -1 .•�. .�; ,-!?: :�' �(}i y. t!!�_.:My}y, +♦`'y-{t.^4�,�ty •!l�•• �,,a� yt ar.. .f' .>'.,'t>•' u. .<!. 4i;j'4M.bh:5 ,a•i}r:7 `!' i .�4r' '�• i '.� ,}� `�, •L'It 't:. .�r\'iF'•MI i�li. '/,+t? .-Yi ��f .r .�•,\ r!1 i , �j 't. .�.tv. tR•. J" rf •,t � .'y. 1 dY -�H r � •� '-:�Fi e' t �� :i.i:t. ,?0 'S, ,1 ..,• i t 3i c fade. ';• a 'rj �':. 2 =r •� 4 v i �,AS �37.05.315 - .,�- •.:fit. ��.'. �•, .. �, :Ef••�. .�, y ,� �. :,••' t�sf'+ _ .. . '�.. �.i<sy. '�. :•Ft' S t!4• �F �?�' r�•-i��.. � .. i,\... Il-,, 1 .v. . r. 2'-i tk,.. •1. 'y�`a:.:�r.�i. •?! - S� Yid'• ..• +� ] _t - •�'.. ••-t' � 1 •i.. {'ltlyz�lFJ.y7''i{� �r' '_}. tar.`i �,{f'i,.• --w •�lapses' on the •five year 4t�,Jr\j,,. iitf)i j�ykr; ereas, unexpended funding for this grant"ap y 'f annivers date of Jul 10, 1990 if the project is not substantially underway tt t ary y p r �� 3� \ A.- r� to } � �i or u on comp letion `of the proj eet if work is completed prior to the five year * , z ,= - , anniversary date or if substantial, ' oncroin work. stops after the five year date i 1 r' '.� :� t 2 ,R�. 4L'1•.: a .s. y _ ,. t:.\. ,y,. a.. .�r'ti'.. _ .t...:.7^..'i' l.• 1 Yt. t.\:1 , . -t s:. !,,q��C( ::�.' :' \ :ia � r� .f. i'c•�J. t�,r,. �•t "kt•, ';, t, � > ..�" •.• • r'•' '� �' y! ', �•: .ta' Y, , S'� t'�•�f .2 �•��'�}���\\ � ',�� ♦ � �,I.''2�i 1. i r'1, •�.��a -�- �f'p 4 a.Sl .q. '3 a.1J• c ••{. .•F' �!�. •t,iM• rj •.f t 4r: ,."i': r. -ry '.S. ;;•' �'i( ,7 fit.: a..�,t�y . 1' .✓.r-? i1 - • b '�•. } -1+ ,�`,. •�.. •a� `:. .��-�.5�..� id .V �'�?, t :d''t: �i.. •y.. \.. t �" r, ,. LS ,►a�� ..d; �••.. T•'2-..r.w,:y•. . ``L,v'�. �`• L. f_s-IIBt- �' ih, :lR' <ti. -f r .`-i fir. •.♦•. ,+L I •:, .•t } t t.^ !/,'' :a �1 t K r::. t, �:, 'r fr w• i 2" '\ '�- xt,:� .s •T to :t•i Y F.a} �' 'i;-;.},.r2 `l;a. il• ..1„ .r. Y•.. r �;r ..(e-,] ''•.a ?i- kr , `,>w1 'ya h S •..'fie •�'l.•'' .-•}.E .2 •'.\'�. tis-- �'i,` .i '!, t.f. 't ... •�}.:�•' , •t� 4{ r-i`JA! 7•�i)'.y .SY... � .y ,� .• � is reac ed .. r .t: ::,��•� >�- • ��� . • -�� L :�1. ','.. y i •]" 124A.k •.a �. ta _ •i:r _.::t: t r. :+f ,'"'lY' `tt'' '• :.,a '1 'l' ,- `t'�. a'." tt aI .i; _ ••A"ir ,+,"'3 t .ti i 7 l tr. 'x� ., 'i k- ,. �.., j.,' 1,r-: ar.'.•�. 1 ,. �4;1 �i 'i1r' r. '� "� a r�i .a. 'J'..'l � ,1. 1. li'• >{''�. -.j. +H- jtr. •.��,' , .R•:, ''�r..'?' _t�ti`t.-• M� -:T �v .t. , .•,� '.*.--...+,. - LL •`fi • r�aa�. '�iL� =�:�, :.r•ti K..:_�"' •:dE4 ::i�:�:[as; '�..�.rc'`rt � 'L > ;,�, n'r � i� ., .-- r•. . f ,, r:._�',.�. c�,;..t`, j.•,. � 1 �r R (t :` grantnumber is .t►1 xt::� �. .n. r�. ,, . �. t :�.., M4 =Whereas, .the um ..^•.e-it.% aJ':.�5 :�:�• 't< '.1{.li<> r. \�. i; •.st s:,t}� I�t'1 LIy�` -Y.,�r ii.t%,'.• ' �y:K7 M.� ,- _ ±t pt,�i � a 'f•:„t.,ik:•!�(,'�fiLY.�.sf 4'a' • �",t•��,t'�,�� \i-•: :i • �c1 4�y ? �l �i�.,,,. , r •f�, .•ai. a: „`'p .r •u' r>;. 1ta' :-'1! .�a.'+ ♦. ����-i �a-\.r��'►(L�t �� �Is^ - ".r't ��'r:i-:(L+��r,t'.j' • .?T-�t}i��1►:!. tk ., :�r� •: J.♦•i, :r-•."'i.M � i'1 r_.r - i, .�y�'�• .i '' '4 i •� ti8 'T r' G11441 . i tzi :f :�:� ,,.'s . Whereas, the ant amount is, $3,300, 000 tF�� \t�r Whereas thegrant u ose is; Construction of a congregate � purpose - y ..S '� ♦n .. , •.l C. k r' ti: -♦ 9 fi , ia` -''i �'• iwi' ,� rt 'h ��1., �' w: t: •i �� �� •T.• '+). �'� ( i Jt. i, `rt, r {� t 4 .. 1'r" :i- ' i`\ .�frit •� .] ,4ti :� s.•, ..f.4` _ `'.brie. -X N �t 1 x.t, II ,�. k }., E.• i r: r i, {,t i'. �. f =�I CC•i t../: .r •. i•Ir ''•i e:. Lhou sin facil,l :Z' . / ' �. �1 i :♦ 1t t ;4. f: L r.. t•. ty-..••�. .:/at.l+1 :1.,.i'.1 •Y , , , /4: ,.� . 5••' 'S .�.,• •=i� - ... }a4. �t Y*� t t'a' r {. •�Y` µ Whereas the Grantee intends to use these funds as a lained r '•r .a� a `� '.: 1.,.. "' 2. • : `i• ' may � � . c' , i:'.. kt Y .. .•„ • ::.�1 > .. tt .. ' i- -�4,#. �.i 'Y�%. 'i't�'.i" .i_. •� �t 7r �•. � ,it ...t: F F F'r .X: �'.R. ', F'' -.b. ni _ C:c' "r• - • � ',:�_: .,°�' ''(F :L.•,11 ! p�i i' ' ti -X' •�}r� f, ' 1 '!�'. -i' t , ai,, {; i s •:irr � t .»: i • , t ! i , t� ,:1: :. 't, t.. _.�:r. '�[i,. ir(���yr;2q.�. +$' .1 •�:. t, r�♦• .�' .'7 l-�4 ,r. _ t r :'�H.r-"".�•... �. ,-£ r i. .L�\.`rf t. -#• •i }. ... .'�C]j�y,•:' -ht �-.1 - .t. 9' r2• 1 it # 1�' W ,.i '. ��. .=t s I f Y..,.r ! •,'� �4' ,v^ ;� �. Belo :, .�_ �� �• r. r •¢� t � :�� '.r� , , �• l:� S�' 'a,l. -,` 1/ -t' �- �. ,„y' •t�- Y t:'i` C" ,� \ � ;};i r'; Jr .:i. ay... i. •1 \ A a '4 r J j w 1 • [ %r -.�.y} +} { .. t' ) 'ti .i ,7}i �r�► - .,t..a , .a.• .t.':�`i:}i\ L t r' 7 ,o.. `t • _ - -•\' :f .,.'f- !-!. .1 -i..i .f.,%.. t •: 1,.•�r. rt. _ :F :i7.y ,l ".rr t ♦: - .1'•' r a Y .�'. �' 1 / 1�, ,l-• 'j, "''w •d C- 't•'. u{•r<. .1�:.•i '€ r' Y ,L• _ .�'' 1. •FI } .1 !�1- -r rei i{1 1 ,'Y> .t. C 1� '`if id'"'•_ #r _fl .`r. •�`'7t1 'i i-' t •1LL �J t, I ♦a ram- .,�1. t,' •t r.•. ., c ' {r t >1 t � • . it ii. '.- }. F.: . F7 • a f' .t, r i .S• '. �. fAr •�.,,r it C' _ _ , 't 1 i'• .. "�, •• 'j '� � t ; .,r• ' z> :Construct a congregate hous ing facility . The pro�j ect maY, ^�construr4include administration;desi n, inspection,, building ction, __. and related costs such as site development, parking facilities, `� } and facility furnishings .. - - t R . i , a, -ya .. _ i r< -•t .t• , , - '' 1. J ��', , ��' f � ' • '- • � 1• , •ill , ,., . . .. - .. } - t :{ ,t- t .� K + r r •�,� r -t 1 �.�. 1 � _ . + s 'J.}- , � '•� tr `° ,' '•'r ' •. -. - � .' � � � � .. � i • \ (Rev. 5/90) Page 1 of 4 C-$ Suggested By: Administration CITY OF KENAI RESOLUTION 90-37 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DESIGNATING LEGAL SECRETARY DIANE CRAIG AS DEPUTY CITY CLERK. WHEREAS, KMC 1.25.030(a) allows, by resolution of the Council, for the designation of a Deputy City Clerk to perform the duties of the office of City Clerk in the event the City Clerk is not available; and, WHEREAS, the Legal Secretary position has, in the past, been the designee of this position due to the functions of her position; and, WHEREAS, Diane Craig is the Legal Secretary for the City of Kenai . NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Diane Craig be designated as the Deputy City Clerk, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the first day of August, 1990. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk (7/26/90) clf 1791-1991 CITY OF KENAI 62ala';A-71 4 4ia44a it 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: Council Members City of Kenai FROM: Carol L. Freas, City Clerk City of Kenai DATE: July 26, 1990 RE: DESIGNATION OF DEPUTY CITY CLERK Due to the change in employment of the previous Deputy City Clerk, it is now necessary for the Council to designate another Deputy City Clerk. As you may know, the position of Legal Secretary was once the position designated for the Deputy City Clerk. It is my belief that this position should once again be designated as such. This is mainly due to the responsibility of the Legal Secretary and the Legal Department for the keeping/updating of the Kenai Municipal Code. There are other secretarial staff who are well qualified for this position also, but I believe for the sake of the smooth flow between ordinances amending the Code, filing of the ordinances, and end product of supplementing the Code, the Legal Secretary position is the best choice for Deputy City Clerk. clf C.--q Suggested by: Public Works CITY OF RENAI RESOLUTION NO. 90-38 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR ARCHITECT/ENGINEERING DESIGN AND PROJECT INSPECTION FOR THE PROJECT ENTITLED RENAI BICENTENNIAL VISITORS AND CULTURAL CENTER FOR THE TOTAL AMOUNT OF $144,7759 WHEREAS, proposals were received on June 13, 1990 for the above referenced project, and WHEREAS, this resolution and award of the contract is contingent upon Economic Development Administration (EDA) approval, and WHEREAS, the City of Kenai has received a grant to help fund this project, and WHEREAS, the recommendation from the Advisory Committee for the Kenai Bicentennial Visitors and Cultural Center and the Public Works Department is to award the contract to Kluge and Associates, 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 WHEREAS, the EDA has been requested to approve a line -item budget transfer, and this award is contingent upon receipt of that approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, that subject to the above -mentioned approvals,, the contract for the Architect/ Engineering Design and Project Inspection of the project entitled Kenai Bicentennial Visitors and Cultural Center be awarded to Kluge & Associates in the amount of $100,697 for design and $44,078 for inspection, for a total not -to -exceed contract of $144,7750 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 1st of August, 1990, ATTEST: CAROL L. FREAS, CITY CLERK Approved by Finance: Written by Public Works: . /kv JOHN J. WILLIAMS, MAYOR 1791-1991 CITY OF KENAI 44u4a 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: Keith Kornelis, Public Works Director FROM: Jack La Shot, City Engineer DATE: July 27, 1990 SUBJECT: A/E Services - Kenai Bicentennial Visitors and Cultural Center Project The A/E services proposals for the referenced project have been reviewed by the Kenai Bicentennial Visitors and Cultural Center (KVBCC) advisory committee and myself. I will enclose the proposals in the next council packet along with a resolution for award of the contract. I have assigned points to each of the six categories used to evaluate the proposals, as I recommended the KBVCC advisory committee do. Kluge and Associates is the recommended firm to provide the services. As the fees have come in higher than anticipated when the EDA grant application was submitted, I have met with Bill Kluge to discuss reducing the fees. Attached is his revised fee schedule for the project. The reductions come from a combination of reevaluating the on -site inspection needed, elimination of the State Fire Marshall review fee, and lowering of all the A/E design service estimates. Even by lowering the A/E services by $19,792, we will need an EDA line item budget revision to enable the City Council to award the contract at the August 1, 1990 meeting, if they concur with our recommendation. JL/kv a w q;r r-I in r, E-4 MI W W U WW La 1 P; Op MHC7 W I H co r ON rl% E-1 E-i W �O z w a w p4 a� o0 o ON x U E-1 � UO wa ha oa P4 41 ON rn rn o a � a 4z U O U - rn co co 0a � O cn z 0 H P A � W U z H �ww H (_+ H O d1 01 O cn4a r-i r-I MH4 ci U z w f!� H 01 O CO 01 �aW a H X f� W i�-1 N Ul N N � N l� Rf •rl •rl U U I �-I N N d) N Ul La La H al �y w chi � � W se KLUGE 6 ASSOCIATES ARCHITECTS PLANNERS 130 Trading Bay, Suite 330 Kenai 1 t r rf ' •f!j t'+ ► ! I tom" j :'' ' ':.,• r i t 1 ' 883-3698 Alaska 99611 PRO -. �v tri4'�L�'14�u.i f:r � =19 9048 1 .11 ,1I, Ji V �. 1 r i 13 , ^ , Ir'aJI '}+I A. t�♦1:, t'\i g i ! O t �� IM Vj L i 3 1 � x , \, if , a I { {' ' , w: ti ,l..x - t 1 .. .� j ! • 1 I it's IL[Reftived �. to f d I - ",- ) • � .. �:, „ j '7'� i.�4.aI,. •.t!1 i•rl. l•li.ir� ,'I+n�`;t �Yr�t 'j,� t�":• •,cli l l ti .;>' y � � � 1 , � �- '' i-�. 1 , j -_ '-�1 . :a, ack" La Shot; City Eng�nee �- C�YofI(MW w 1. ; . p ,:.;City . of Kenai t ,. { .if' ♦ �,. , I 1 1 1 •1 •'%�% � 210 Fidal(g6 / '. stijT. q� lir' ,: fl •r:rq'iC,1: { y w_t i• t i !i ;}..� t: { •';Ci•'i I .� �I14. I 'b )-.,i.,,>k }�/ �, tLr.J' � j I 7. ' , J-.l' I !• '�I i>a'!R i' �r+ s ► ,1,� I.. r 1 t.:r\s r: i ;. .,' •f 1. j ( 1 f „ ti ' 1 1 :; ' -'. _�",�vc sr'=f� lf-I,: j't,-� - � •f - �,�,;:i :i..f��, 'a "tl f i` .r, �� �. � '.b.1, ;� l y��c t; �r t. ri .:e ••If �,i11,j',. ;A•r;.` t ' Kenai AK _ , t t600= 1 •..\ •1 [[ '� ;6-+ 11• L•,#.t.� :�1�,�•J't� _\.., ..- .?1 .1: , a a.. .I!' ..: _:,rl,le •tJ:1. • <.' '�'., 1.jr7 K•T t .'1 �t •-i SI1. 1. i '•1 , r�.1 ,. 'Ji -i fir:`, :e {. \+: OMj L•. �l'�K t : '�.'ir': ei. �• ��i. �, -� *fi• :: r jj, •.a. .i.� . �'r� tJ � i' f," 4 .t: >f E t:x `t' i�.^r"+'f f -•it 'I'' j 'If '• g y� ,! r'i' - '3 4i. ..1. � j "�' A .i '�. � •�. b' ,.}r:'t.: .t'jnJ .1• "�'•�'F;: C:.1 3 •>? I •I .1i j:•�1 .�+ � ■ �'t'"'4 li..fy w i k }.`' -:a+ i i .t.''1+ �, ar• r•: '�1 �� •fit +,.♦ ] :, •.). = d .n •j •ir. ..� x j ; .,�a �, ly.,.�• `"Y.:: x9 i a � ,4 ♦Fs• ._M ! � ✓ .w. - - ' .• •.�� :. . 1 1 'w'1�� f,... •N. , + ' ,. ,., w ' , �!i:r +,, .,�{ •;,!'�, i jP:'��f."�t� b ,-+�• 1 .it'+,;;%�'T4 :j:. i =.. i. 1 .: ... �; a '!' �\;} •r •3, jj { � } I' _ ' 1 r*.r•' !' , {:,I t'r. .::.RE: �.;,a KENAI BICENTENNIAL VISITOR AND CULTURAL CENTER PROPOSAL }, �{ - _ - _ b r Iki". j\ '.ih )�Y tart{ •f•• . •'�A'i � �'L I.i IS.,�:1L.'1,, w,. ..{. '.j ,:�.., ,� _ •I,1. a ` )`- - (: ', 1 , - 1. �t.. I -I �a l..,. .; r. r,, , ', :s' r ,i ii. '� ,,�_ d '��' :,�i�i': ry. '.�, -rt 4;� ij:• 1 N:: .«,,'ati. � � • �'- `~ 11` "`'/ 1 i. `ja•q k �•i • •.0 t"• rr .i. :it - .t,- . �' ��•i , al 't.. n i' S: ..1 t• ,i �- 1: .'i` r t�•r�.-�. •F i :i. :� .. 1. .1��. , - 't• % �'`' i -•� x t,,. F �� Y F. l I 1 �.i 3"{r •1 - t f •�. •1' t I , �♦ {: •.:-, j•. i' is Jj �} J•r.- a.ii� '-1, �t:1 .1.1 Ii� _ _� -r.l' a}.�� 1J"i � t ft� 1.` j ( •' ,,.�• t. :� 'i• ,�1. '� '�. �.a{ .[ 'y �c I\ -r" Q!.a '•i:�f,"f,.,�..,ld•1'' �t%1' ". +1 {.,k.Y .�'y-- l7 'A , .Cj •• �•�-' "i 1 f. -!• -� .•�-ti� � i �,r �"� !l, '.Is - ,;�.c?i".. � fxj` '��, Q'�'�'•� : } _ ' ,i ' 1 �' . L t ;}' i >,. �; 'y�l { Dear'. .t. t. -w; 7.� �� • -.i 4,/. '. f•,'rf�,.�4., t' T•��'L 1 r l 1{ 1•"'li{t '.�; T , ii 1 . , ! 'i. '.i ,l -r' 7 ,+ -.i .�' �l" ,, �. `'. V _r . La Shot :� r ;,. rt, +` `.;•aa<. w .% 1 4t a k� j i yt �+il'NI ,, 1�• ` ♦ •t� �)]5 t -a `aI i� '. ._ t 1••fi .L J..a, , .,{,�L 1 1 g'"�i:: ,�1' ...Ll'.�-., .ti r � �'i+i. f. �'! •' t _ ,� i :Is w •IVI , .. , . 3 ,t 1 •i r�l•��1! .{� We have revised our fee !proposal t,.for ahe Bicentennial project as �,' ! r - 1•' , 7. '!' ,•. ;4I'•r� •�7 i ,, - i 3 a:. / =• � •t , 1' .. / •I. 1i r-1., .1 , i' t*y�1:.-�t'�. r.. I+ fit; .4 L. h••�•.%I-t{ riL,:. .Y 1.,{'( !.{'.f l' t .•. 1 (•.', , ( \ 1 [,i. .,r. ,,'• 1 i : i i st 1% x 7. rR •• r f„ L �... i i j.. , i it 1 .�� .7J I• t ( :�:�� `t•, .,,•,:. *.1., .tt.� •1 y,,. 4� ,1:� l( .{ I !1. •at, f.,�. -7•.� . -x. ..! o• , r``4 4. ,1 l.. i. ! 1 M ,i.. { rF• .;.,. 1: 1 >'"' ,�1 .- li, •Jr, ";p. t 3 - , :t. „}..t1.1 11,4,,1. •)','1,.� 31:.•11 ♦ .li,y`•->''�'.` 'f 1 ,: �t: J '! �, ", ,.�. y.. ►, .E +' �/ i'+i:a. �1� '•i e ?+ K. {-a r:. ..i t I 1• r- i-l'j . !'' „ I I t • f yy - i '�r � � ♦�. 1 !r 1 1 t- + .� t ��i it Z� .'ii q •i �1 J. 1� . 1 I• i .. .fit :> r "; : � {' . t , . , ;� . ► i . � . ;il •'� t � a 1. •l 1 t n i' ', j � :'�' r'• , i 1 ' •1T - 1 r' _ .1 • j ! ) r, , i f' �� :i Task 1 ►,.;. Task 2 1 Total / ��� �' I<'•r�f. a`�{rt .j.;�� , i.. I ,r .,. + +- + .:, -1,� ! ' i ,I:+- �t I,-, Des /Document 9 -mo . Contract •', %r1 ti\ jk •g� { flw. i; • �) 1 .i , 1. +'/ 1 Ii ) 1: `I { y ' 1 .. • • • ,Phase ..►.. • - ,.-,.,Adminlstratlon 'Classification Rate ' 1 :..Quantity Fee '. Quantity Fee Q y _ 4 y ,�� j j5r�.:� ��, i�i,+l z., , ,;. .,1 � !. ,,j.�„ •i:t ,j � r l 1 i , '1 ,, 1 ,, ,Ir, ,t. _?' 1 r Architectural . Principal Architect 1 `75 ':168 �' $12 600 1144 $10,800 $23,400 ' Staff Architect 60 .' j300 :.. 18, 000 190 11, 400 29, 400 ' Intern Architect 45 ` 360 16,200 80 3, 600 19,800 { ' Clerical ;30 ' ; :40 1, 200 ; 180 51400 .6, 600 A,x- j Engineer VII 75 66 , 4, 950 16 11200 61150 r• :. +''r- Engineer VI 65 10 650 650 Draftsman 35 40 .1 400 11400 ,i- Clerical 32 8 256 8 256 512 ' Structural Principal Engineer 85 88 7, 480 36 31060 10,540 Draftsman 50 102 5,100 8 400 5,500 Clerical 30 8 240 12 360 600 Mechanical/Electrical Prin. Mech. Engineer 97 6 582 6 582 1,164 Prin • Elect. Engineer 91 57 51187 36 31276 81463 Sen. Project Engineer 75 72 5, 400 36 2, 700 8,100 CAD Technician 50 120 6, 000 6, 000 Clerical 40 12 480 14 560 1,040 KENAI BICENTENNIAL REVISED PROPOSAL July 2 6, 1990 page r- VISITORS AND CULTURAL CENTER 2 l `.Cassification Rate ' cif ,,• �� �f � `I .: ' ... Task 1 Task 2 Total Design/Document 9 mo. Contract Phase Administration Quantity Fee Quantity Fee - ,` Estimating' '4 , .Estimator •'t. V 60 92 , •'.:'rl `tf, s j 5� 520 5r 520 -... i•l► <i ,�a Z tlt� �i.}~"l ,rc�' � t��ts:'ls`'�{i ti" .�. 'f n..+yi t--iit �. s' '�' i �t ; � , t • [ /`, 4 i '�yy' .♦�' ( i'-! • .: � , i � 1 �r Surveyiiga 7 �,yb1f i�,yi-irlat�l' :,'V tl.•!~ti'. ! t+ . - • at _ t ' .fry _ '• f�.Topo S_ urvey &-,'Soils i= �.; .i. .. - ;. �.' . wr, 'pry • 7 1! - t�- ♦ , ,a "Testing Lump TestingLump Sum� ,- - /iYj-:.•:yJ�x,i •(s,- 3, - F--, - 600 3,600 1 .J-h.-.(,1�atAi•- 2 ."'s•� ..J �d .•. �.. ,,y 1 ,{}�F4 '"� f ! F . r 1 -�1 ` i , �. 7 ,1 : .1. 1 '�•• 1 .f i { , .f ,•u. :t. Q. •y �.1 4 .l ,..{ '�k; L76" t %' .k r 1 j J.v. •, 'j. !_Yi it _i♦ ♦ `+ '..+. :II - e •i,. 1 �r r ,�}' ' �,'.g 'l .'�.. 1 y s:yt .► �jr,: . � a,,►�.. :fir •,L' :Y - �,,,, .i r , ♦ • � • ,- :1'�•" yrYl? t: ai,.sR. ..Is��'S��". i�.: . t `•y� f ►.i ..�. '�.`r , :•� 1 t#f :,.,�t, i l `_t ♦••`- ;+T, '�' � ` .�. . � '[ -+�C� t�.� ii3 {i 'r v. #4�ly.:v�l ri ?. ,... _,?a';♦ �l, t •. �bZ 1.r •i 4....` .� '� >t _ .. •.••Y,, y7yii; w'r. t..l t}4' 't.r .+fa !s,.�;•f.. _z-.. .s�`'"..� i .•t- '.T. t' 1-r,'� _�1` - •e jai'. T ^J, t. '! g i . e.. ..,. ._,.• +y-f'�t -? {a• ••�• !a"1� 1: '�i .J. -.� ' .'A -�• t1 -i` a �j .. 7i-+f � .,v �i�i14 [ 'V' .i i;. Labor :Totals �z . �� �� ra 3 c:"�,=33' °j �7.` i ,$94,845 , i '•.t a 4 $ i it, A4 i� �•_ y w . a + r S 3, 5 9 4 13 8 4 3 9 � •' , �Y �.�4++Es / � 1 s ;,+� -•X '!►' S {'1 � � 4 ., fit- � : i a' 1,1 1 � • , + • ! �.' {'f -[ t ,r ( r .x. q `in i-''1y �:�':.. ', :•S'"1 .f� .. 4 . _ S _ - . t• �-. _ '�{�'Lj i1�.. - �yY'L •�'•-y��^ . r 1(7! .'� 1 ,,. i � f1't a .'i rZ•�'r 7 .1 1• 'a. Tr.K,. J •..» •i � �� ( • r i ,. _a '.i� � ; w: ' 1 � , _� 7q(4' zz+�`.x�7�eC. 10i: (( -i.cn '�'i :i..,:•'�, 1,�( i. ••�: � a, •� t , i [- t. .. � •[ • _ 1 ' • id`=e rn.yy, ,f�1 '�t.•f�'7 v' t- ;.i.i- -;f 'r`_ r� 't 4.j,,.� � ��i_ �+ \,�",,:I .i \;�l { 1 1 � f } -,�y t t_ /f» ,:�S,t'• it• ) .5 �'1 �': t�'.` "� • (} � •.�•i,, 41 "k-`i. w} �} a 'i - .� �7 .�'•_' ,i c ! - f- �t 1• .. •.{. ,-rda>t�.t�<• rR• `-r:�'�.: t.'1 i.1 ti �s. � ''yv.t�, .�"( ? -;!. .F-7-tL-n.s�-.4 "7.• ... p: ,i'� .�•.iy:- '�, # C Lt. •t i'� .. •. - _ • � "��.. } r 'f ... •.t�si , ,n>rj� ;t;?', y'r ,. .�;1.. �.. �� s{'k. 'k .�,�Is;• ;'�•, _Ae.4.�' -� �.. ]� :r _ .' _ y, •,� � "'YC /' 1 - +:s•r . e : ►�•� .. u' '( � �., r '; !j r_+: ( .:>� ; • _ _ r a ' � • ' t t�, •t i � -';Estimated Reimbursabl �1 '1 - • 'i if ',t :�+#'rfi �i ..-} .�.. ,�. -aLw i .� f. -( d.'( y .�•av ., .- '1, - F a .:• -in 1• iv, - - - w 1 i.�` e 1 .�. ..t• 1 .�,r 17 _� _ i -��' ;i`,� t,: e... :' ; , Y •ti •1" tilt i + ' :a 'j ,fii•.i l;, . ;♦. 'b :w '3 F ,'}' .+.:♦y'�,: 'r t .s!.' ,R '.�-. s- 1 r a1 VY'W "j ,. ., titi q, �' `i:=Si ., .... •s i /.`r� '(- r. ��:�.; - •t�^ .+ 5:r i. - .i. f �'y ,�1i •#' M Ny ",t ..� •� 1 � .}� -k e,. , t , /f•�'..'i• K ! .: G Itt•� 1. 1 .,Sij'1 r _ l r , y �v 1 ' „`,• t _`' •T .., .y .. Y,.4 1.. t t, t ti r ' / tj'. jj({ '� • '( . ,. . , - •f ' • + 'K i , - .. ,. 1 - , a �Mylars- ;� Processing `Long Distance / 1 yy < <,>•.�... ce Telephone �•�: , � { �• � '� ��• :� `1- ►�� � � °�,` # � '- ' •a 300 1 • , 1 ,Travel for Mechanical/Electrical Consultants ;. ;during Construction t} Airfare 4 round trips .�_ F , 400 Z Deim t X3a •. Y'-. -' .. "I s t .1 ry . I } f F f,, i ,, ,• `r ,` 40 r --Printing of 75 sets 3r 600 .,.:.,State Handicap Review it 000 i 1 , �y ..Subtotal r $5, 760 Plus 10% $576 S3Z Grand Total ► _ $ 1 144, 775 ... ,,_,... [ 9 7 Pu Ri N 0 66 KLUGE & ASSOCIATES W 9(,enai Community -figzazy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 REPORT FOR FISCAL YEAR 1989 - 1990 Circulation Adult Juvenile Easy Books Fiction 13092 4211 12199 Non-fiction 18126 2428 2609 Total Book Circulation 52665 Films, Phonodiscs, Pamphlets, Periodicals 6828 Total Circulation 59493 Additions Adult Juvenile Easy Books AV Gifts 914 116 205 167 1402 Purchases 1361 328 494 60 2243 Total Additions 3645 Interlibrary Loans Ordered Received Returned Books 560 470 391 AV 256 256 256 Interlibrary Loans by our Library Books Films AV 520 172 212 Volunteers Number .. 22 (average) Total Hours .. 4669 Income Fines and Sale Books 91057,67 Lost or Damaged Books 11622973 Xerox 4,236.25 Donations 38.05 Total Income for Fiscal Year 1989-1990.. $149954970 t Wenai Community -fdzazy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued Fiscal Year 1989-1990 Kenai 1262 Anchorage 6 Anchor Point 3 Clam Gulch 15 Cooper Landing 5 Homer 5 Kasilof 75 Nikiski 247 Ninilchik 6 S eldovia 1 Seward 2 Soldotna 640 Sterling 84 Wasilla 2 Other, out of state 36 2389 Library Patronage ... 74,309 Persons Wznat' Cotnazanity LLU'LQ2fJ. A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP l KENAI, ALASKA 99611 REPORT FOR THE MONTH OF JUNEt1990 Circulation Adult Juvenile Easy Books Fiction 1231 671 1618 Non-fiction 1395 239 369 Total Book Circulation Films, Phonodiscs, Pamphlets, Periodicals Total Circulation Additions Adult Juvenile Easy Books AV Gifts 46 3 44 1 Purchases 94 10 28 -- Total Additions Interlibrary Loans Ordered Received Returned Books 48 34 28 AV 19 19 19 Interlibrary Loans by our Library Volunteers Number .. 23 Income Fines and Sale Books Lost or Damaged Books Xerox Donation Books Films AV 52 19 23 Total Hours .. 488 Total 5523 711 6234 652.90 171.05 300.00 4.25 Total Income for June, 1990 .. $1,128.50 94 132 226 WF-nal Ofommccn.ify -fdtazy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued June 1990 Kenai 209 Anchorage 1 Anchor Point 1 Homer 1 Kas ilo f 13 Nikiski 15 Soldotna 28 Sterling 4 Other 3 275 Library Patronage ... 7,784 Persons I KENAI BEAUTIFICATION COMMITTEE July 17, 1990 Kenai City Hall Council Chambers Chairman Gerry Sparks 1. ROLL CALL Present: Hakkinen, Sheldon, Sparks, McComsey Absent: Jackson, Malmberg, Selby 2. APPROVAL OF AGENDA Committee Member McComsey moved approval of the agenda, seconded by Committee Chairman Sparks, 3. APPROVAL OF THE MINUTES June 12, 1990 Minutes approved as submitted 4. OLD BUSINESS a. City of Kenai Flag Chairman Sparks reported to the Committee that the flags.have been ordered. It was noticed that the church dome and the oil rig } crane had been left off the dr awing sent by the flag company for final approval. After the meeting, Chairman Sparks was to call the flag company and notify them of their error. b. Welcome to Kenai Sign The recording secretary passed out a memo that was given to her by the Public Works Department in regard to the Welcome to Kenai sign. Bob Boyd of the State of Alaska DOT has informed the Public Works Director that a permit should be issued for the sign as the Sterling Highway is a Federal Interstate System. If a permit is not issued, the sign would have to be placed 660' from the road. As soon as the Committee can give Mr. Boyd the exact location and offset of the sign, he will send a letter of no objection to the Right of Way Department and ask for the permit. It could take four to six weeks to get the permit so no sign will be chosen until the Committee is assured of getting the permit. Committee Member McComsey volunteered to talk to Baron Butler at Big John's to get the information needed and it will be relayed to Mr. Boyd. As Fred Braun was unable to attend the meeting and report on the progress of the Kasilof sign, a call was placed to him during the meeting. He stated that George Jackinsky was willing to donate land to put the sign on the right side of the highway near the Kasilof River Bridge. Mr. Jackinsky wanted approval of the sign design before it was erected. It was felt by the Committee that the same information will need to be gathered for the Kasilof sign as it is on the same highway system. This information will be provided by Fred Braun and given to Bob Boyd also. c. Leif Hansen Memorial Park Chairman Sparks is going to address the next Council Meeting and ask the Council to add additional sidewalks in Memorial Park. She will be backed up.by other members who can attend the meeting. If the request is denied, the alternative might be for the Committee to ask the Parks and Recreation Commission if people could use a stake marker and just plant a tree anywhere in the park. The location would still be approved by Parks and Recreation and the planting done by a landscaping firm. It was felt that the City Council should also approve the concept. d. Rogers Road Clearing The Committee briefly discussed the letter that was received from the State of Alaska denying permission for the cleanup of the lot between Rogers Road and the High School. The matter will be dropped as the Committee's hands are tied. in RAnnare Chairman Sparks called the banner company from the meeting room and determined that there were still banners available for purchase but was not able to ascertain exactly which banners they were. The company will call Chairman Sparks within a few days and her report will be given at the next meeting. 5. NEW BUSINESS None ADJOURNMENT There being no further business, the meeting was adjourned at 2:45 p.m. The next meeting will be held August 14, 1990 at 1:30 p.m. Kathy Lawyer Recording Secretary l AGENDA KENAI CITY COUNCIL - REGULAR MEETING July i8, 1990 A. CALL TO ORDER 1. Pledge of Allegiance 2. Swearing in of City Clerk 3. Roll Call 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. Be SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Gerri Sparks/Beautification Committee - Additional Sidewalks/Leif Hansen Memorial Park., C. PUBLIC HEARINGS 1. Ordinance No. 1384-90 - Amending KMC 4.05 by Adding Sections Regarding the Building Permit Application and Final Inspection Requirements, 2, Ordinance No. 1386-90 - Amending the Official City of Kenai Zoning Map for Lots 4 and 5, Block 2, Valhalla Heights Subdivision by Preliminary Plat and Also Known as K-1634. 3. Resolution No. 90-33 - Awarding a Recording and Transcribing Minutes Secretarial Contract for a Period from July 19, 1990 to June 30, 19910 a. Substitute D. COMMISSIONjCOMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4, Harbor Commission 5. Library Commission -1- 6. Parks & Recreation Commission 7. Planning & Zoning Commission 8. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of July 11, 1990. F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1387-90 - Increasing Estimated Revenues and Appropriations by $1,600,000 in a New Capital Project Fund Entitled "Bicentennial Visitors and Cultural Center." 4. *Ordinance No. 1388-90 - Increasing Estimated Revenues and Appropriations by $20,000 in the 1990-1991 General Fund Budget for the Abatement of Dangerous Buildings. 5. *Ordinance No. 1389-90 - Increasing Estimated Revenues and Appropriations by $3,240.00 in the General Fund as a Result of Drug Enforcement Administration Forfeitures. 6. *Ordinance No. 1390-90 - Increasing Estimated Revenues and Appropriations by $20,000 in the Parks Department for Construction of One Park Shelter,, I. ADMINISTRATION REPORTS 1. Mayor 2, City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager -2- J• DISCUSSION i. Citizens 2, Council R. ADJOURNMENT -3- KENAI CITY COUNCIL MEETING MINUTES OF JULY 18, 1990 KENAI CITY HALL VICE MAYOR RAYMOND MEASLES, PRESIDING ITEM A. CALL TO ORDER Vice Mayor Raymond Measles called the meeting to order at approximately 7:02 p.m. in the Council Chambers in the Kenai City Hall Building, A-1. PLEDGE OF ALLEGIANCE Vice Mayor Measles lead those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Smalley, Measles, Walker and Swarner. Absent were: Williams, O'Reilly, and Monfor. A-3. AGENDA APPROVAL Vice Mayor Measles suggested the following changes to be made to the Agenda: Remove: A-2, Typographical error. Add: B-2, Advisory Committee/Kenai Bicentennial Visitors and Cultural Center/Grant B-3, Wayne Leitner - Peninsula Athletic Club II B-4, Barbara Druesedow - ALPAR/Request for donation to pay kids to clean the ballparks and beach. Substitute: Substitute Resolution 90-33, Awarding the Recording and transcribing minutes secretarial contract. Add: I-6, Six memoranda as information/reports. Three documents as Information Items 4, 5, and 6. Vice Mayor Measles asked if there were other changes to be made to the Agenda. Councilman Walker asked that Denis Douglas be added to the agenda. Councilman Walker stated that he understood that Mr. Douglas had requested to be laced on the agenda at q P g KENAI CITY COUNCIL MINUTES JULY 18, 1990 PAGE 2 Persons Present Scheduled to be from that place on the agenda. felt Mr. Douglas had the right Agenda. Heard and that he was removed Councilman Walker stated that he to speak at that place on the City Manager Brighton explained that because Mr. Douglas had spoken to the Council at three council meetings and that he felt the Council had dealt with the matter and made their recommendations known, he pulled Mr. Douglas from that place on the agenda. Mr. Brighton added that Mr. Douglas was told that he was not being restricted from speaking to the Council, only that he could speak at Item J, Discussion/Citizens. City Manager Brighton also stated that the Mayor, City Manager and City Clerk are responsible, by Code, for generating the agenda. City Attorney Rogers stated that adding to the agenda must be approved by the majority of the members of Council present according to KMC 1.15.040. Vice Mayor Measles asked if there were objections from Council to add Mr. Douglas to the agenda at Item B. There were objections to the addition of Mr. Douglas to the agenda. Vice Mayor Measles stated the Agenda would stand as amended. MOTION: Councilman Smalley MOVED for approval of the Consent Agenda and Councilwoman Swarner SECONDED the motion. UNANIMOUS CONSENT was requested. There were no objections. SO ORDERED B. SCHEDULED PUBLIC COMMENT B-1 Gerri Sparks/Beautification Committee - Additional Sidewalks/Leif Hansen Memorial Park. Ms. Sparks spoke to the Council as chairperson of the Beautification Committee. Ms. Sparks stated that the Council removed monies from the Beautification Committee budget which would add more sidewalks to the Leif Hansen Memorial Park. She stated that the planting areas for shrubs and trees along the sidewalks now in place are nearly full. The Committee would like funding to place more sidewalks in the park and to move forward toward finishing the park. There is other space available for planting, but that area is away from the sidewalks. Ms. Sparks handed out a copy of a map of the present sidewalk/planting area with the requested additional sidewalks also shown. City Manager Brighton stated that before additional sidewalks are placed, the available sidewalk planting areas should be used. KENAI CITY COUNCIL MINUTES JULY 181 1990 PAGE 3 Also, if more sidewalks are placed, the park will look sparse. If the area is compactly planted, the more fuller it will look. Comments from the Council included whether the money for sidewalks is included in the Parks & Recreation budget. The answer was yes, the Committee budget is included in the Parks & Recreation budget. However, the money for additional sidewalks was cut from the budget. Also it was stated that the amounts included in the budget for additional sidewalks was last year's cost estimate. There were no more questions or comments. B-2 Advisory Committee/ Kenai Bicentennial visitors and Cultural Center - Grant Fred Braun presented an artist's rendering of the Kenai Bicentennial Visitors and Cultural Center to the Council for placement in the City Hall. Mr. George Ford reported to the Council their Committee's recommendation for architectural services for the design, etc. of the building. Their recommendation is Kluge & Associates, which is based on Mr. Kluge's cost estimate, his close proximity to the project and the qualifications of Mr. Kluge and his employees. A letter from Mr. Ford expressing this information was handed out to the Council. The Committee chose as an alternate, the firm of Cash, Barner, User, Inc. of Anchorage. Councilwoman Swarner asked when they expect to put the project out to bid. It was answered that it could be within 60-90 days. City Manager Brighton added that an award for architectural services cannot be made until the money for the project is appropriated. The ordinance appropriating the money for the project will be up for public hearing at the August 1, 1990 Council Meeting. Also, the grant allows for $75,000 for architectural services. If Mr. Kluge's bid cannot be negotiated lower, the City will have to make up the difference. Finance Director Brown added that the grant was signed today. Also, Administration should first try and negotiate a lower fee from Mr. Kluge. If this is unsuccessful, then a budget amendment can be submitted to EDA. Public Works Director Kornelis stated that a resolution will be brought to Council at the August 1, 1990 meeting for award of architectural services and can be passed at the same time as the appropriation ordinance. KENAI CITY COUNCIL MINUTES JULY 181 1990 PAGE 4 B-3: Wayne Leitner - Peninsula Athletic Club II Mr. Leitner was not present at this time due to returning from a trip to Seward. Mr. Leitner spoke at the end of the meeting. B-4: Barbara Druesedow - ALPAR Ms. Druesedow requested a donation from the City of Kenai to fund the clean-up of the ballparks and beach area within the City of Kenai by the ALPAR organization. She employs five teenagers who do the work. Although her organization cleans areas outside the City, the money donated within the City is spent for local clean- up. City Manager Brighton added that this organization works very hard to keep the area cleaned and does a fantastic job. MOTION: Councilwoman Swarner MOVED to contribute $400 to the ALPAR program and Councilman Smalley SECONDED the motion. UNANIMOUS CONSENT was requested. There were no objections. SO ORDERED. C. PUBLIC HEARINGS C-1 Ordinance No. 1384-90 - Amending KMC 4.05 by Adding Sections Regarding the Building Permit Application and Final Inspection Requirements. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance 1384-90 and Councilman Smalley SECONDED the motion. Building Official Howard Hackney spoke at public comment. He asked that he be allowed to speak if there are amendments made by Council. Questions by Council included whether the purpose of this ordinance is to clear up problems which have come up regarding encroachments, etc. The answer was yes. Mr. Hackney stated that there were amendments made by Planning & Zoning to their original ordinance prior to submission to Council. Mr. Hackney approves of the ordinance as it now reads. KENAI CITY COUNCIL MINUTES JULY 18, 1990 PAGE 5 VOTE: Monfor: Absent Measles: Yes O'Reilly: Absent Smalley: Yes Williams: Absent Walker: Yes Swarner: Yes MOTION PASSED UNANIMOUSLY. Councilwoman O'Reilly arrived at 7:30 p.m. C-2: Ordinance No. 1386-90 - Amending the Official City of Kenai Zoning Map for Lots 4 and 5, Block 21 Valhalla Heights Subdivision by Preliminary Plat and Also Known as K-1634. MOTION: Councilman Smalley MOVED for adoption of Ordinance 1386-90 and Councilman Walker SECONDED the motion. There -,was no public comment. There were no comments from Council. VOTE: Monfor: Absent Measles: Yes O'Reilly: Yes Smalley: Yes Williams: Absent Walker: Yes Swarner: Yes MOTION PASSED UNANIMOUSLY. C-3: Resolution No. 90-33 - Awarding a Recording and Transcribing Minutes Secretarial Contract for a Period from July 19, 1990 to June 30, 1991. a. Substitute MOTION: Councilman Walker MOVED for approval of Substitute Resolution 90- 33 as suggested by the City Clerk, Councilman Smalley SECONDED the motion. There was no public comment. There were no comments from Council. KENAI CITY COUNCIL MINUTES JULY 181 1990 PAGE 6 VOTE: Vice Mayor Measles asked if there were any objections to the approval of Substitute Resolution 90-33. There were none. PASSED UNANIMOUSLY. D. COMMISSIONICOMMITTEE REPORTS D-1: Council on Aging Councilwoman Swarner stated that the Council on Aging met on July 17, 1990. They have chosen seven names to be submitted to the Mayor for approval and appointment to the Congregate Housing Committee. Finance Director stated that he expected that notification for the funding will arrive by September. Councilwoman Swarner added that they are still looking for an architect. Public Works Director Kornelis added that they have gathered a list of architects, but have not gone out for proposals as yet. He would like to meet with the committee to discuss size and scope. Senior Center Director Porter stated that the addition to the Senior Center Dining Room has begun. Councilwoman Swarner asked that a sign be placed designating the congregate housing property as the future Congregate Housing Site. City Manager Brighton added that the sign has been ordered. Mr. Brighton also suggested that the Council may want to have their pictures taken with the sign at the time of placement. D-2: Airport Commission There was no meeting and the next scheduled meeting is set for the second Thursday in August. D-3: Economic Development Commission No report. D-4: Harbor Commission No meeting. KENAI CITY COUNCIL MINUTES JULY 181 1990 PAGE 7 D-5: Library Commission No meeting. D-6: Parks & Recreation Commission Parks & Recreation Director McGillivray reported there has not been a meeting in July. The next meeting will be held in September. Mr. McGillivray added that the ARCO Jesse Owens games were very successful. 24 children from this area went on to the games in Anchorage. Out of those, eight children will be going on to Los Angeles on August 8, 1990. Out of the 24 children that went on to the Anchorage games, 15 brought home medals. D-7: Planning & Zoning Commission No meeting. D-8: Miscellaneous Commissions and Committees Councilwoman Swarner reported the Beautification Committee has ordered flag poles. Also at the Beautification Committee meeting, there was much discussion regarding banners. E. MINUTES E-1: Regular Meeting of July 11, 1990 Approved by Consent Agenda,, F. CORRESPONDENCE There was no correspondence discussion. G. OLD BUSINESS There was no Old Business. KENAI CITY COUNCIL MINUTES JULY 18, 1990 PAGE 8 H. NEW BUSINESS H-1: Bills to be Paid, Bills to be Ratified MOTION: Councilwoman O'Reilly MOVED to pay the bills over $1,000 and Councilman Smalley SECONDED the motion. Councilman Walker questioned the money donated to the Kenai Bicentennial and Convention Bureau. It was explained that this money was appropriated. VOTE: There were no objections to the motion. MOTION PASSED. 8-2: Purchase Orders Exceeding $1,000 MOTION: Councilman Smalley MOVED to pay purchase orders over $1,000 and Councilwoman Swarner SECONDED the motion. There was no discussion from Council or the public. VOTE: There were no objections to the motion. MOTION PASSED. H-3: Ordinance No. 1387-90 - Increasing Estimated Revenues and Appropriations by $1,600,000 in a New Capital Project Fund Entitled "Bicentennial Visitors and Cultural Center." Approved by Consent Agenda. H-4: Ordinance No. 1388-90 - Increasing Estimated Revenues and Appropriations by $20,000 in the 1990-1991 General Fund Budget for the Abatement of Dangerous Buildings. Approved by Consent Agenda. KENAI CITY COUNCIL MINUTES JULY 18, 1990 PAGE 9 H-5: Ordinance No. 1389-90 - Increasing Estimated Revenues and Appropriations by $3,240.00 in the General Fund as a Result of Drug Enforcement Administration Forfeitures. Approved by Consent Agenda., H-6: Ordinance No. 1390-90 - Increasing Estimated Revenues and Appropriations by $20,000 in the Parks Department for Construction of One Park Shelter. Approved by Consent Agenda. I. ADMINISTRATION REPORTS I-1: Mayor No report. i I-2: City Manager City Manager Brighton reported the following: 1. The Economic Development District is interviewing three finalists for the Director position. The interviews are scheduled for 1:30 p.m., July 25, 1990 in the HEA conference room. The interviews are open to the public. 2. A teleconference will be held on July 20, 1990 to discuss the proposed closing of the Recording Office in Kenai. Public comment will be taken from 9:30-12:00 but teleconference will continue until 5:00 p.m. The teleconference will be held at the LIO office. I-3: Attorney Attorney Rogers stated that a memorandum is included in the packet in answer to the Council's question as to the designation of the Deputy City Clerk. There was no further report. I-4: City Clerk No report. KENAI CITY COUNCIL MINUTES JULY 181 1990 PAGE 10 I-5: Finance Director No report. I-6: Public Works Director Public Works Director Kornelis reported the following: 1. One of the handouts distributed to the Council was the proposed cost and design of a sign to be placed on the Oberts property along the Kenai River designating that boaters on the River are within the City of Kenai and that the world's largest king salmon was caught in that area. Councilman Smalley stated that the "caught" should be "hooked" and that the sign should be placed as soon as possible. Councilwoman Swarner stated that she thought a less showy sign g would be sufficient. One made at the City shop. MOTION: Councilwoman Swarner MOVED that the sign on the Leo Oberts property be utilitarian and made by the Public Works Department. Councilwoman O'Reilly SECONDED the motion. UNANIMOUS CONSENT was requested by Councilwoman Swarner. There were no objections. SO ORDERED. 2. He spoke with Mr. Robert Boyd regarding the "Welcome to Kenai" sign to be placed on the Sterling Highway. He stated that Mr. Boyd has no problem with the sign being placed on the Sterling Highway. Mr. Boyd asked where the sign will be placed. It was stated that it is to be decided by the Beautification Committee on Friday. 3. 1That the LID information requested by Councilman Walker is included with his handouts. I-7: Airport Manager Mr. Ernst had information requested by Councilwoman Monfor regarding an update of the Float Plane Basin. As Councilwoman Monfor was not present at the meeting, Mr. Ernst will report at the next Council Meeting. KENAI CITY COUNCIL MINUTES JULY 181 1990 PAGE it J. DISCUSSION J-1: Citizens a. Denis Douglas - Mr. Douglas spoke to the Council regarding his request for a re-classification study. Mr. Douglas asked that when his freedom of speech does not pertain, that the hammer be pounded. Mr. Douglas handed out a letter addressed to the Council, but asked that they not read it until after he spoke. Mr. Douglas stated that Mr. Brighton did not cite what portion of the Code and/or Charter allows the Mayor, City Manager and Clerk to make the agenda for the council meetings. Mr. Douglas stated that he could not find any portion of the Code which states this right. Mr. Douglas stated that he spent most of the day copying Council Meeting tapes that deal with him. He stated that at one meeting he had requested a work session and was told that there would be one. Then at a subsequent meeting he was told that there would not be a work session. Mr. Douglas stated that since there was no work session in between the meetings that some illegal meetings must have taken place in order for this decision to be T made. Vice Mayor Measles stated that there were no illegal meetings by the Council, that he can rap the gavel at any time he feels it necessary, and that he can curtail the discussion by Mr. Douglas at any time. Vice Mayor Measles stated to Mr. Douglas to stop the accusations and insinuations. Mr. Douglas stated further that he spoke with Howard Hackney regarding his speaking to Council tonight. He asked Mr. Hackney if he would be present to defend himself. Mr. Douglas stated that Mr. Hackney stated he would not be present at the meeting in this regard and that he would not defend himself. Mr. Douglas asked the Council to involve itself in this re- classification request and that they have the right to get involved. There were no comments or questions from Council. be Wayne Leitner (B-3 ) - Mr. Leitner arrived late and was not able to speak as Item B-3. Mr. Leitner introduced Mr. Elstun Lauesen, Statewide Economic Development Specialist from the State of Alaska Department of Community & Regional Affairs, Rural Development Division. Mr. Lauesen was present to answer any questions the Council had regarding Mr. Leitner's request for the City to be a pass -through agent for an entrepreneur loan from the State of Alaska for Mr. KENAI CITY COUNCIL MINUTES JULY 181 1990 PAGE 12 Leitner's business, Peninsula Athletic Club II. Mr. Lauesen handed out some form letters which he believed would give added information to the Council in regard the specifics of the loan program. Mr. Lauesen stated that this particular loan program has just begun and that three loans have been approved. Their desire is to get capital to business people with worthy projects. Councilwoman O'Reilly asked why the City of Kenai was chosen for channeling the funds since this particular business is outside the City of Kenai. Mr. Lauesen answered that the City is eligible to do it. However, the Borough can be requested to handle the pass -through responsibilities also. Councilwoman Swarner stated that she felt it was the responsibility of the Borough to handle the loan as the business is outside the City of Kenai. Vice -Mayor Measles asked what the liabilities are for the government entity that accepts the grant. Mr. Lauesen stated that there is no liability for the recipient of the loan if the project is not completed. It would be treated as a grant to the City. However, as a sponsoring entity, the City would be, in a sense, a partner with the entrepreneur and a party to the labor agreement included with the loan. This carries some liability. If the entrepreneur fails to pay the employees compensation, etc., the City would be liable to pay. Councilman Walker asked if there are administrative monies to provide financial reports. Mr. Lauesen stated that the loan is closed out like a grant. The loan agreement can be amended to add responsibilities for the entrepreneur such as reporting requirements, files, etc. This would be up to the discretion of the City. Finance Director Brown asked if the City would need to file any financial reports. Mr. Lauesen stated that the entrepreneur would give the information to the City and the City would file. Mr. Brown asked if the City of Kenai could monitor the hiring. Mr. Lauesen stated that the objective is to hire individuals of low and moderate income. Mr. Brown asked what if the entrepreneur refuses the guidelines of hiring practices. Mr. Lauesen stated that his department would come and talk with the entrepreneur and deal with the problem. He also stated that if the City properly reports any problems they incur with the entrepreneur, the City would not be liable for negligences of the entrepreneur. Mr. Brown added that at the last meeting, the Council was concerned that the Finance Department would not be able to manage KENAI CITY COUNCIL MINUTES JULY 181 1990 PAGE 12 Leitner's business, Peninsula Athletic Club II. Mr. Lauesen handed out some form letters which he believed would give added information to the Council in regard to the specifics of the loan program. Mr. Lauesen stated that this particular loan program has just begun and that three loans have been approved. Their desire is to get capital to business people with worthy projects. Councilwoman O'Reilly asked why the City of Kenai was chosen for channeling the funds since this particular business is outside the City of Kenai. Mr. Lauesen answered that the City is eligible to do it. However, the Borough can be requested to handle the pass -through responsibilities also. Councilwoman Swarner stated that she felt it was the responsibility of the Borough to handle the loan as the business is outside the City of Kenai. Vice -Mayor Measles asked what the liabilities are for the government entity that accepts the grant. Mr. Lauesen stated that there is no liability for the recipient of the loan if the project is not completed. It would be treated as a grant to the City. However, as a sponsoring entity, the City would be, in a sense., a partner with the entrepreneur and a party to the labor agreement included with the loan. This carries some liability, y If the entrepreneur fails to pay the employees compensation, etc., the City would be liable to pay. Councilman Walker asked if there are administrative monies to provide financial reports. Mr. Lauesen stated that the loan is closed out like a grant. The loan agreement can be amended to add responsibilities for the entrepreneur such as reporting requirements, files, etc. This would be up to the discretion of the City. Finance Director Brown asked if the City would need to file any financial reports. Mr. Lauesen stated that the entrepreneur would give the information to the City and the City would file, Mr. Brown asked if the City of Kenai could monitor the hiring. Mr. Lauesen stated that the objective is to hire individuals of low and moderate income. Mr. Brown asked what if the entrepreneur refuses the guidelines of hiring practices. Mr. Lauesen stated that his department would come and talk with the entrepreneur and deal with the problem. He also stated that if the City properly reports any problems they incur with the entrepreneur, the City would not be liable for negligences of the entrepreneur. Mr. Brown added that at the last meeting, the Council was concerned that the Finance Department would not be able to manage KENAI CITY COUNCIL MINUTES JULY 181 1990 PAGE 13 handling the loan program responsibilities. Mr. Brown stated that if the Council wants to agree to this program, the Finance Department would do what is needed. City Manager Brighton stated that he felt that it would be more appropriate to find someone else to take the responsibility of being the pass -through entity. The taxpayers of the City help support the Recreation Center and being the pass -through agent for this particular program would be directly in competition to the Rec Center. When asked by Councilwoman Swarner why the Borough, as stated at the previous Council Meeting, cannot be the pass -through agency, Mr. Stan Stedman answered. Mr. Stedman stated that at this time the Borough has limiting areas in which it can function. An ordinance could be adopted so that it could undertake this type of program. Mr. Stedman added that the Economic Development District has been very interested in this type of program. The District has no official roll in this type of program, but are interested in . They have a number of clients seeking financing and the District is helping with their planning. If the Council seeks to go forth with this program, the District would help in any way that it can. There may be a chance in the future that the District can assume some of the function of the program. Councilwoman O'Reilly stated that she thinks the program is worthy, however she does not think that the City is the appropriate agency as this particular business is outside the City. Mr. Leitner spoke and restated the types of jobs that would be available. He disagrees that there would be a large amount of change in the use of the Rec Center due to his business. Mr. Leitner added that at this time, the City is the only government body able to be the pass -through agency. Councilman Walker stated that he disagrees with Mr. Brighton in that this business would be in competition to the City monetarily. Mr. Walker added that he feels it is the local government's duty to help businesses. Mr. Walker is in favor of this type of program. Mr. Lauesen added that the City's approval of this program is not an approval of their department as yet. Mr. Leitner's application still needs a credit analysis and review by the loan committee of three bankers. The act of sponsorship does not guarantee the project will be financed. Councilman Smalley asked Attorney Rogers if he foresees any partnership liability regarding the labor agreement. Mr. Rogers KENAI CITY COUNCIL MINUTES JULY 181 1990 PAGE 14 stated that he would anticipate being put in a situation where the City is seen as the "deep pocket." He cannot anticipate in what area that might be. Mr. Lauesen stated that the Council's concerns regarding employment, are well taken. He stated that the City could, as a public partner, make local hire contract requirements permissible by law. Finance Director Brown stated that if the Council takes no action at this time, a resolution will be brought to Council at the next meeting. The Council can then take action at that time. Councilwoman Swarner stated her support to have a resolution brought to the next meeting. Councilman Walker also stated that he would like the resolution to come at the next meeting. Councilwoman O'Reilly stated her support for that also, as they will have the advantage of the full council to discuss it. There were no other citizens wanting to speak. J-2: Council 1. Councilman Walker thanked Public Works Director Kornelis for the information on LID's included with his handouts. 2. Councilwoman Swarner had no remarks. 3. Councilwoman O'Reilly had no remarks. 4. Councilman Smalley informed the members of the Council that he will not be in attendance at the August 1, 1990 meeting. Also, Councilman Smalley stated that he visited the City park on Forest Drive. The park has been cleaned up, but asked if something can be done to clean up the sites and brush them out and make them for tents only and allow motor homes only when other facilities in town are full. Parks & Recreation Director McGillivray stated that the park was designed for motor homes. As far as cleanliness, it is the tenters that are more apt to make the mess than the motor homes. The tenters are more likely to be messy. His crew cleans the park about three times a week. It is difficult for his crew to clean the park when there are campers using the facilities. He added that they monitor the users of the park and after 72 hours, the campers are told to move on. If they do not comply, the police are called to handle the situation. There is no way that one of his crew can be at the park constantly to monitor who is there and for how long. Often the campers move out and wait a KENAI CITY COUNCIL MINUTES JULY 18, 1990 PAGE 15 few hours and come back and camp in a different space in the park. Councilman Smalley suggested a camp host. Mr. McGillivray stated that the people that would want to stay the summer may not make very good camp hosts. The 72 hour limit is the best they can do and monitor. If Council directs something more, he will comply. Councilwoman O'Reilly questioned whether a camper can come back after their first 72 hours use. Mr. McGillivray stated that the Code states the use is for one 72 hour period. But this is hard to enforce. K. ADJOURNMENT The meeting was adjourned at 8:44 p.m. Minutes Transcribed by: Carol L. Freas City Clerk July 25, 1990 is U is E-t �: ►--+ ;: z '� ;` to �` k�o is .It i• i. it i; is it is is is ;t is is .,c it it it it it It is It F-t is is is ;c H iC It S4 is q 00 00 �10 -%T O M O r- O O O to p O it Z is O is is it O c'M N .t � -? 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A 0 it • W CY W q is E-+ is (n ~ H is GG i` W is is AA z U VV] it W a= W ►-� W ~ F-1 O it A is is is it H W G4 rn O r-1 it i= it is U H O is is is > W tn U ri r-I is is is is H F-4 to is is is is H J w P� :D is is w A 114 A o O < is is is C7 U to C7 is is ie it CYi H H W P4 is is Cn Lz♦ H F-+ is is H O -Aw p W T is t is i s is W '� W _H W is is ~ H His U 9 is is O is Ul cn 7. U Ey is A is it ►-� H q O P4 U is is � is H Suggested by: Administration City of Kenai ORDINANCE NO. 1391-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $111,174 IN THE CAPITAL PROJECT FUND ENTITLED "AIRPORT TAXIWAYS A-1 AND A-2 IMPROVEMENTS". WHEREAS, the City has applied for grants from the Federal Aviation Administration and the State of Alaska for improvements to Taxiways A-1 and A-2 at the Kenai Municipal Airport, and WHEREAS, the City, by Ordinance No. 1368-90, has appropriated $12,250 of City Airport money to design this project, which should be partially recoverable by the grants, and WHEREAS, the City expects to receive FAA approval of the grants before adoption of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Taxiways A-1 and A-2 Improvements Increase Estimated Revenues: FAA Grant $107,588 State Grant 3,586 111 174 Increase Appropriations: Inspection $ 10,000 Construction 101,174 111 174 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1990. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: August 1, 1990 Adopted: August 15, 1990 Effective: August 15, 1990 Approved by Finance: (7/24/90) kl Suggested By: Planning & Zoning Commissi�.A CITY OF KENAI ORDINANCE NO. 1392-90 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL CITY OF KENAI ZONING MAP FOR A PORTION OF SECTION 32, T6N, R11W, S.M., ADJACENT TO F.B.O. SUBDIVISION. WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai, and WHEREAS, the Official City of Kenai Zoning Map depicts lands described as a portion of Section 32, T6N, R11W, S.M., adjacent to F.B.O. Subdivision is presently zoned Conservation (C), WHEREAS, the City of Kenai desires to render the entire area one zone, and WHEREAS, the proposed zoning designation is Light Industrial (IL), and, WHEREAS, the Kenai Planning & Zoning Commission held a public hearing on July 25, 1990 and as a result of that public hearing recommend approval of the proposed amendment to the Light Industrial (IL) zoning designation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Subject properties of those lands depicted in Exhibit A described as a portion of Section 32, T6N, R11W, S.M., adjacent to F.B.O. Subdivision are hereby amended to Light Industrial (IL). Section 2. That the official zoning map of the City of Kenai be amended in accordance with this Ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1990. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk First Reading: August 1, 1990 Second Reading: August 15, 1990 Effective Date: September 15, 1990 leh (7/26/90) �-,v b _o a z �- IMHO z • C!) o m cr.co O co Noisiniaens _ n )48dd Noave Q aeon a ON ens Z NOHlo►u vw )4add NOU ve w oY dAr'VN .M -1FF 66p � RZ C) QPAD It o ' �_._.�... V .� '♦ Q 4:b• . ` 0)v co _. & m c O A L- a eo. da 1 f � • � P .` 0 7 Q 1 \ V v a -- v \ N is zc O d � ` O cr .• VL %.) N V 3.. N ►n . cr O 1.I -44 I t .. .. t., 'I�-.Rr �r Y. .r�i•�T.�1.w. r1.•�YRLtN`w•R.w�.Y/IYd�1• �I•T�tM+M�IR� '�'IiA_ .. sJw•vt>.tf�i lf'^_.lRf�t�'Sf _ I I I 1791-1991 CITY OF KENA'I "Od Ca,04�.Pl 44zd*4a w' 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 MEMORANDUM TO: Mayor John J. Williams and Kenai City Council FROM: Kim Howard, Administrative Assistant DATE: July 26, 1990 FOR: August 1, 1990, City Council Meeting RE: Application for Lease Lots 10, 11, 12 & 13, Block 1, Cook Inlet Industrial Air Park Attached is a copy of a lease application submitted by Grace Drilling Company for the referenced property. The appropriate good faith deposit and filing fee have been received. Also attached is a map of the property. The applicant has been leasing this property for several years, however, the lease expired June 30, 1990. They have continued to occupy the premises and are paying the old lease payment. It is necessary to enter into a new lease agreement. The applicant has requested a five year lease. The new lease would be effective July 11 1990, and the rate adjusted based on a new appraisal. This property is Airport Lands and the appraisal must be reviewed by the Federal Aviation Administration. The use for the propertyisfor storage of equipment. The Planning and Zoning Commission recommended approval of this application at their July 25, 1990, meeting. Does the City Council recommend approval of this application? /kh cc: Grace Drilling Company I 1 UR C21 1 USE; ONLY CITY OF KENAI P.O. BOX 580 - KENAI, ALASKA -PHONE 283-7535 Name of Applicant LEASE APPLICATION GRACE DRILLING COMPANY Address P.O. BOX 110390 Anchorage, AK 99511-0390 Business Name and Address GRACE DRILLING COMPANY 1211 E. 80th Ave. Anchorage, AK 99518 Kenai Peninsula Borough Sales Tax No. (if applicable) State Business License No. AA 1287 (if applicable) T.e l e p h o n e (907) 344- 2555 Lot Description Lots 10,11,12, & 13 C.I.I.A.P. Desired Length of Lease 5 years Property to be used for Storage of equipment Date Received ��� Ti1oe , �171 t,ocat-i�/ - . - "" - __ .or�� -*I.gr�a� Description. of Developments (type, construction, size, etc.) Norse Attach development plan to scale (1.11 = 501) , showing all buildings planned. Time Schedule for Proposed Development: Beginning Date N/A Proposed Completion Date Estimated Value of Construction $ Date : 7/12/90 Signed : ��� C� L a4i'� Date: Signed: 1 CITY OF KENAI CHECK LIST FOR SITE PLANS ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED Drawings should be drawn to scale 111- 50 ft . *, and must show layout of the lot applied for and the location of all improve-. ment s proposed, Drawings must show: 1. Existing buildings 2. Proposed buildings 3: Parking facilities (how many spaces and where -located) 4. Site improvements a. Areas to be cleared and method of disposal b. Proposed gravel or paved areas c. Landscaping plan (retention of natural vegetation and/or proposed planting areas 9 P P P 9 ) 5 . Building set backs 69 Drainage plan an.d method of snow removal 7 . Circulation plan (all entrances, exits and on -site access) Be Location of sign(s) - sign permit required 9. Fencing 10. Curb cuts (where applicable) 11. Building height 12. Buildings on or near the airport on airport lands must complete FAA Form 7460-1 *This does not have to be drawn by an architect or engineer. 0 M Description of Property: CONDITIONS OF ACCEPTANCE (To be completed by the City) Annual rent rate or cost �� � 1,ZZ--L ,,Oo-001!::����� Zoned for Permits required Assessments Insurance required Construction must begin by Completion date for major construction THIS APPLICATION WILL BE MADE A PART OF T.HE LEASE Planning Commission Approval: By: Date of Approval VA 4 0 Chairman City Council Approval: Y • , City Clerk Date of Approval 4 '%,.0 '__ 4 ci • vkr P .:::::::::.:: jb Is. ........... tea. Jv V*f A AnA. ID . ...... ... ............... 70 VN ........ . moo, .......... .......... ON*., At 40 0 OF W A � ,4 r r L A UNIT 2 avow I O 51 C4P s C4 WIT. in OL 5 KLUGE & ASSOCIATES 7 ARCHITECTS PLANNERS i 130 Trading Bay, Suite 330 883-3698 anal Alaska 99611 i■/■�■■■■■■■..�._ 252 +� �! y'j i 1, q': i •, ��. ,. i .. � :.' : .. .. I . :. . _ � ' t� - '' F � �'' •�i .. , � . I ,.i .I .,: , • 1 i I I j I t i 1 , i I ., •/+yl `Y�; I. ' :I Jul 2611990Ak LIi , y I i I II IRy�f� _ 1 0 plu : i Council Members , � ,, � , • �' � � r � , ,�{'i } ,11 ,. '� 1 , I 1 f •t ,1 '' �i i '. , .. �y?l • � 1 ,.l •I.� � ' !r.~ Cit of Kenai 1. y A ::t >w•7r 7 1 i1 is 210 F i 1 I • �r„ � :; : , �,� da o i, g : 1 1— Y i. I I i i' t ' s of � i17 t ( i 9961 t;•=,, 1 a l 1, , r I i t I Y t I 1 , , . E �t• I ! .A . r : t 1 'Ii i •c ,1 1 1,~: , to • Dear'Members 'I Council 1 i I. 77 : i .J; ! I , r, f , I 4 1 l � 1 i 1 1 � l ',• 1 i Y , : 1 I , r i 1 1 i ,i t• I r , r.. i I i Attached are drawings for ., proposed renovations to Pizza Paradisos on } ' he :corner, of,Main Street and the S existing b 1 - pur Highway .The tin ui d :Maine �''j,►t;''';ls n:g' s wall, on :the Spur Highway side is built on the property line ,':The existing entry actually is setting on City property b 57 The ' ' tt Y P Y Y I Y, owner i s requesting an easement from .the City for ,covering a portion 'of . the sidewalk with a' canopy.,I We have designed the canopy in such a :'Way to allow ,pedestrian use of ' the sidewalk beneath or outside of the;/ 1 canopy . . I will- be in attendance of :the August , 1 1990 Council meet ing to answer any questions you may have. i 1 I Y } t 1 i i t 1 i 1 1 .•i+, i ,, , Sincerely KLUGE & ASSOCIATES it Bill Kluge cchitect I I 1 I BK •tp I' -i I � I ` I (. i � ' r •' � i .. I � _ .. 'Attachments CHANGE OWNER � ORDER ARCHITECT 123 AIA DOCUMENT G701 FIELD D OTHER O PROJECT: RENOVATION OF THE' KENAI (Warne, address) MUNICIPAL AIRPORT TERMINAL TO CONTRACTOP I L D I N G (name, address) G& S CONSTRUCTION P.O. BOX 1493 SOLDOTNA, AK 99669 The Contract is changed as follows: r Item CHANGE ORDER NUMBER: 1�' % I DATE: JULY 18, 1990 ARCHITECT'S PROJECT N08 3 5 8 CONTRACT DATE: December 14, 1988 CONTRACT FOR: RENOVATION OF THE KENAI MUNICIPAL AIRPORT TERMINAL BUILDING c; o /o 1. Cost to provide light fixtures in the entry to the Bar area. $441.00 2. Credit*fornot installing the dry sprinkler system in the glass tube. and ..the cost: to abandon_the .sprinkler completely. <658 . 00) 3. Credit for not installing the vinyl behind the Bar.. <199.00> 4. Credit for not installing the carpet in the Lounge, hall area and Bar. Labor only. <721 . 00> TOTAL CREDIT Not valid until signed by the Owner, Architect and Contractor. The original (Contract sum) ( ura P-&ev) was ........................ S 697 9700 . 00 V. Net change by previously authorized Change Orders ............................... S $- , / O D 3/7 The (Contract Sum) (Guaranteed' MwXlli'inmPriee) prior to this Change Order was .......... s 7 0 The (Contract Sum) (Guamteed--Ptiee) will be (inere md) (decreased) � 4unchaaged) by this Change order in the amount of ............................ t & 4 ' ' ^ "\/ S c � o The new (Contract Sum) (Gu2=iee Price) including this Change Order will be .. S 7 9 6 , 4 3 9 . 0 0 C/ The Contract Time will be (increased} (-d (unchanged) by Q (0 )days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Consuuction Change Directive. Kluge & Associates G&S Construction City of Kenai ARCHrMC'r CONTRACTOR OWNER 130 Trading Ba.y, #330 P A . Box 1493 210 Fi dal go Address Address Address Kenai, AK 99611 Sol dotna,AK 99669 Kenai, AK 99611 BY BY BY DATE � �al ' � .,� ,` c `'-� DATE l �- DATE AIA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • AIA* • ©1987 • THE AMERICAN INSTIT[JTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 - G701-1987 >I Robert . Green d/bra G & S- C0NSTRUC*t __.. 'N P. 0. Sox 1493 '. SOLDOTNA, ALASKA 99669 Ph c�11 �-5495'- . `�. 1.w 'wi � � � ,� �� w: � mow►,. i"+ �. � .� 7. y C. CH ^-�N Number We hereby agree to make the change (s) specified below: -_ fir,. .,. - .. �y _` - ,-?^.- �'�cr� r. L'�� ; �. ? �nr�� �� 1r� ram? ?:',,-rt; r . one. QQ �. .�. .It 4� �. .�. i s w� fit• �. -t• �. �. .- .- �. -.. fit• r. t• r. A �. .ram i t•. .- t•. �r fit• ... .- - - - - M - - - - .- - .� �� �. .!. �. �• .- � -. - NOTE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change (s) specified above at this price $ 46 DATE PREVIOUS CONTRACT AMOUNT $ AUTHORIZED SIGNATURE (CONTRACTOR) REVISED CONTRACT TOTAL $ ACCEPTED The above prices and specifications of this Change Order are satisfactory and are hereby ac- Date of acceptance cepted. All work to be performed under same terms and _ conditions as specified in original contract unless other- Signature wise stipulated. - (OWNER) Robert D. Green d/b/a G & S CONSTRUCTION P. 0. Box 1493 SOLDOTNA, ALASKA 99669 262-6223 Phone MKIM TO _......._............._........._.._..._............._..._......._..................._........._......_.._.____.....____.... _....... _.... ........ __............. _.._..... __................... ._ Kluge and Associates 130 Trading Say Kenai, Ak. 99611 r Cc is 1400 b- Ao Number PHONE DATE 12-13-89 JOB NAME/LOCATION Kenai Airport Terminal Remodel JOB NUMBER JOB PHONE EXISTING CONTRACT NO. DATE OF EXISTING CONTRACT We hereby agree to make the change (s) specified below: cz,.e_d.I..t.._ ac :l s�a.e.d.........._..... . ,...... ._ ..t..._............ ns.t.a.l l' .rig ...............t.h.e.......drY _ ...... _._.__ sprinkler system in the glass tubs: and the cost to abandon the __._.._........... _..... _...S .r.i-n-k-l-e..r.........o.om 1e.tee _._.zn..._ _. ___.._...__..__..._................. __._......... .................. _....... _.._................ ............................._............._..............__............_..........__ __.._._...... _ _...._..._ .._._ _.._......_ P � Y �t�'13.s aYea. Credit for dry system: <$928.00> ---------------------------------------------------------- .o.t.�........... r..d �..t..:._..___.__ .......... NOTE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change (s) specified above at this price $ DATE PREVIOUS CONTRACT AMOUNT $ AUTHORIZED SIGNATURE (CONTR)TOR) REVISED CONTRACT TOTAL $ ACCEPTED The above prices and specifications of this Change Order are satisfactory and are hereby ac- cepted. All work to be performed under same terms and conditions as specified in original contract unless other- Signature wise stipulated. (OWNER) r Robert D. Green d/b/a G & S CONSTRUCTION P. 0. Box 1493 SOLDOTNA, ALASKA 99669 262-6223 Phone 192%4W TO .... . .. ...... K uge andAssociates 130 Trading Bay _ ............................... _.._.._..._ .._........_..........................._.......................... _.......................................... _..................................... ........... .... _... enai , A���. 9�9»611 We hereby agree to make the change (s) specified below: T- i2.e......... behind the bar. Credit: Total Credit: Number �. / PHONE DATE 12-13-89 JOB NAME/LOCATION Kenai Airport Terminal Remodel JOB NUMBER JOB PHONE EXISTING CONTRACT NO. DATE OF EXISTING CONTRACT <$199.00> $199.00 NOTE: This Change Order becomes part of and in conformance with the existing contract WE AGREE hereby to make the change (s) specified above at this price $ DATE `-� ` PREVIOUS CONTRACT AMOUNT $ AUTHORIZED SIGNATURE (CONTRACTOR REVISED CONTRACT TOTAL $ � f )ACCEPTED The above prices and specifications of this Change Order are satisfactory and are hereby ac- cepted. All work to be performed under same terms and conditions as specified in original contract unless other- wise stipulated. Date of acceptance Signature (OWNER) Robert D. Green d/b/a G & S CONSTRUCTION P. 0. Box 1493 SOLDOTNA, ALASKA 99669 262-6223 Phone $6MR TO K1ugE and Associates 130 Trading Bay _..............................._.....__...__......_...____ ___..._.._ . _..._ _....___.._ __..»......_._ ._..............._.._ ___........__......... __.._ ..............__............. Kenai, Ak. 99611 Number Pvc" PHONE DATE 01-10--90 JOB NAME/LOCATION Kenai Airport Terminal Remodel JOB NUMBER JOB PHONE EXISTING CONTRACT NO. DATE OF EXISTING CONTRACT We hereby agree to make the change (s) specified below: _. _« .....«_._._...+ �,...... _. fo -11.wiL gZ s__._th.e-... c-r-e-d I t-_____ _ Z7Y'_..._ _ _ �.�.,t __._...._. iT. 1 ,,1... .n.. .........._...C.a r p E? ......... ...... 3 n Lounge, hall area and Bar. This is the labor only. .......... ......«_._.._........ ....rWryrY•yYY1•yWYYWIf•yW�••i1111i''': �i'��................... ».__... _.............. ........»........_.....»_._»......_..___...__.....................«.«..._......_.......«.«_.»..-•».......«._.....».........»............_....._.............._................................................................................................«..................._.«..._..._«.....«....._......._..«.........__.........._«....._.. Total Credit .............. _._............ _................._»......_........__..------__ _..._.. _._.__ .. __ _.__ »._.__._...._.._..._.._....._....... ...._.............. _.... _.......... «........... »..._.._....._............ __.................. _..... ._ _......_._ _ _.. _ _ _.. _..........___._.__._..._.«....._........................ + ....... ... ................................... _...... .......... ._......... ».............. _............. _ i $721.00 _._............. _...._._..».._.._--------------------- _.............. ........... .................................... .......................... ...............»......_......._............._........................._.................._.............»............ _._..... ...._.........._................. __......................... _..... _..... _........... _.... ............................ »...................... _....... _.... _.....«..... _.... _... .......................................... »...................... «. ....................... ....... _......................... __.«.«................................... _.............................................................................................................................................................................. _................... ..... _....... I NOTE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change s specified above at this price $ DATE ., � � 9 O PREVIOUS CONTRACT AMOUNT $ AUTHORIZED SIGNATUYONTRACTOR) nab REVISED CONTRACT TOTAL $ ACCEPTED —The above prices and specifications of this Change Order are satisfactory and are hereby ac- cepted. All work to be performed under same terms and conditions as specified in original contract unless other- wise stipulated. Date of acceptance Signature (OWNER) y. *a Robert D. Green .m r ~ d/b/a G & S CONSTRUCTION P. 0. Box 1493 SOLDOTNA, ALASKA 39669 - Number 2 6 2 -- 6 2 2 3 1 2526 PHONE DATE Phone X,� 0 7 -- 21- 9 0 TO JOB NAME/LOCATION _ .......... ........ ..r .__ .. _ ; .� ._.._ . _ ._ .�'�':......_�_ ..._.._ 19T ......._,K1�. 1 Kluge and Associates �. R a Kenai Seniors 130_Trading Bay �..� _._ �ate'ved._._..___� jRrc ks Center Dinin Add KenaifA 99611 Wo Dept JOB NUMBER JOB PHONE t� Cr µ • • . _ t „ EXISTING TRACT N ' i ST CON O: p D{�4:TE OFx EXISTING CONTRACT s=4l L L t�� :,� We hereby agree to make the change (s)' specified below: " • :._._ .. .. ... Off, ..: .•s' .''•s��- . Yy The following, is l.-the costs to excavate, a provide and dace '25 . p -additional yards of ' NSF fill in the bur 2 hrs 450 dozer $ 150.00 25 yards material $ 162.50 Overhead and prof eft $ 46,50 I Bonding - — � one am ff.f� � -- — — — — — �f. fff\1 s .f- � � � �..rA .� $ 7.00 - .. � r.. 40. dam eft dm Total $ 366.00 PC - r Gou NOTE: This Change Order becomes part of and in conformance with the existing contract WE AGREE hereby to make the change (s) specified above at this price $ DATE PREVIOUS CONTRACT AMOUNT $ AUTHORIZED SIGNATURE (CONTRACT R ACCEPTED The above prices and specifications of this Change Order are satisfactory and are hereby ac- cepted. All work to be performed under same terms and conditions as specified in original contract unless other- wise stipulated. REVISED CONTRACT TOTAL 1 $ Date of acceptance - Signature (OWNER) Key Bank of Alaska A KeyCorp Bank 11311 Frontage Road Kenai, Alaska 99611 (907) 283-7542 July 26, 1990 Kim Howard City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 ,�6171819 ��� 01� ro �cl� Cat -IF, 004s#-- 9x Re: Airport Lands Lease, L1, B5 , Small Aircraft Apron S/D Between City of Kenai and Robert T. Bielefeld Dear Ms. Howard: Key Bank of Alaska is considering an assignment of the lease on the above referenced property. We will be asking r the City to sign a consent to assignment and landlord's r estoppel certificate in order to complete our r transaction with Mr. Bielefeld. Attached are copies of these documents. Please direct these to the appropriate authorities for review and approval of content and form. If there should be any questions, please contact me or Linda Chivers at 283-7542. Sincerely, c Bruce A. Strand Vice President Involved. Innovative. Professional. Key Bank of Alaska �0-I. A KeyCorp Bank �BANK COLLATERAL ASSIGNMENT OF LEASE* FOR VALUE RECEIVED, the undersigned hereby assigns to KEY BANK OF ALASKA (hereinafter called "Assignee" or "the Bank"), all of Lessee's right, title and interest in and to that certain Lease dated July 1 , 19 74 , between City of Kenai and Robert T. Bielefeld as Lessor, and the undersigned as Lessee, said Lease being a Lease of the premises located at r; tv nf xenaiAirport_,_Ganeral AW-ation on and legally described as follows: r Lot One (1), Block Five (S), according to the Plat of SMALL AIRCRAFT APRON SUBDIVISION, filed under Plat ##73-68, in the Kenai Recording District, Third Judicial District, State of Alaska. ' for the purpose of securing the repayment of a loan evidenced by a promissory note, as well as each and every other obligation of Assignor to the Bank, and any amendments, extensions or renewals hereof, said promissory note being in the original prinicipal sum of -Eighty �dsand de-11ass ($ ax rcc , made by Assignor in favor of Assignee and dated July 25, , 19 90 ,which promissory note together with any amendments, extensions or renewals hereof are hereinafter collectively called "the note" as well as each and every other obligation of Assignor to the Bank. ASSIGNOR'S WARRANTIES Assignor warrants that he has full and complete rights to the Lessee's interest in said Lease and the power to assign the same, that said Lease is in full force and effect and not encumbered and that he is not in default under the Lease and that the Lease is free from any liens and encum- brances, claims or set -offs of any kind whatsoever. ASSIGNOR'S COVENANTS Assignor covenants that he will honor each and every covenant or obligation contained in or imposed upon him by said Lease, so that the same shall stay in full force and effect and not be jeopardized, and that he will not modify the terms of the Lease or give any consent or exercise any renewal or option required or permitted by the terms of the Lease without Assignee's prior written consent, nor will he sublet, assign or otherwise in any manner transfer the right to the use or possession thereof without Assignee's prior written consent. TERMS AND CONDITIONS Until such time as Assignor may default in payment of the principal, interest or other indebtedness secured by the note or be in default in his performance of any other obligation hereunder, or any other obligation of the Assignor to the Bank, Assignor may remain in the possession of the premises. In the event of Assignor's default, Assignee may, at its option, but in no event shall be obligated to, without notice or regard to the adequacy of the security, personally or by its agents take possession of the above described premises and manage the same on such terms and for such period of time as it deems proper, and shall have the power to make from time to time, such alterations, repairs and renovations as may seem proper to Assignee, and further, and without limitation on the generality of the foregoing Assignee may sell the right, title and interest of the Assignor at public or private sale, if the disposition be a public sale after having first given notice in the same manner as provided for by the statutes of the State of Alaska then in effect for the sale of real property at execution, no other notice being required, and Assignee is authorized to bid at such sale and to offset against its bid at any such sale in amount up to and including the full amount of any indebtedness from Assignor to the Bank. INDEMNIFICATION OF ASSIGNEE Assignee shall not be liable for any loss of Assignor resulting from Assignee's failure to let the premises or from any other act or ommission of Assignee in managing the premises unless such loss is caused by the willful misconduct or bad faith of Assignee, and Assignee shall not be further obligated to perform or discharge any obligation or duty under the Lease or by reason of this assignment. In the event Assignee incurs any such liability above referred to, or incurs such in defense of any such claims or demands, the amount thereof, including costs and reasonable at- torneys fees shall be secured by this assignment, and Assignor shall reimburse Assignee immediately therefore upon the demand of Assignee. Further, this assignment shall not make Assignee responsible for and Assignor shall not seek to hold Assignee responsible for any act commit- ted upon the property by the tenants or any other parties, or forany other dangerous or defective condition of the premises or for any negligence . in the management, repair or control of the premises. Upon payment in full of the principal, interest and any other indebtedness secured by this assignment, this assignment shall cease, but the affidavit or written statement of Assignee or any agent, officer or attorney of Assignee showing that any part of the principal, interest or other in- debtedness remains unpaid shall constitute conclusive evidence of the effectiveness and force of this Assignment and any person is hereby authorized to rely thereupon. Assignee may take or release other security for payment of the obligation or obligations secured hereby, and may further release any party primarily or secondarily or otherwise liable, and may apply any other security held by Assignee to the satisfaction of the obligation, or may release its interest obtained under this assignment, all without prejudice to any other rights under this assignment or the note or any other obligation which is secured hereby. Anything done or permitted to be done under this assignment shall be in addition to and not in limitation of, any other right held by Assignee under the law with respect to this assignment or otherwise. The right of Assignee to collect the secured principal, interest and other indebtedness and to enforce any other security that he has shall not be affected by any prior or subsequent action taken under this assignment and Assignee is specifically authorized to abandon or otherwise give up its security interest created by this assignment or any other security interest created under the terms of the obligation, all without prejudice to the rights of Assignee under or to proceed against any other security or collateral, or to take any step to collect the unpaid balance of the obligation. IN WITNESS WHEREOF, the parties hereto have executed this agreement at the day and year first above written. Lessee: By: Title: Record in Proper District CL-270 (10/87) LESSOR'S CONSENT TO ASSIGNMENT OF .LEASE The Lessor, in that certain Lease dated ____ July 1 , 19 74 , by and between _:i ©€ Kona i� as lessor, and n � , if �b crrtk T - R i 4" e i( r l d as Lessee, concerning certain business premises located at: it y o€ Ken--i Airport, Gene r- A.-u i atioA Apron -reby consents to the Assignment by said Lessee of all its right. title and interest In and to said Lease to KEY BANK OF ALASKA in the event of default under subject Lease or under the Note or other Instruments of hypothecation evidencing said loan by said Lessee; provided, however, that KEY BANK OF ALASKA shall not be liable for rent or any other obligations of said Lessee without a written agreement with Lessor to that effect, and said Lessee shall remain liable for rent and all such other obligations, and in the event of any default under subject Lease. said Lessor hereby agrees not to terminate the Lease or take any action to enforce any claim .with respect thereto without giving KEY BANK OF ALASKA at lease sixty days prior written notice thereof, and the right to cure such default within said mriod. Lessor hereby waives any right of distraint against goods and property pledged as security on KEY BALK OF ALASKA's loan. Dated this 25 day of July , 19 90 . By: Title: INDIVIDUAL ACKNOWLEDGEMENT STATE OF ALASKA . ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on the day of , 19 before me, a Notary Public in and for the State of Alaska, duly commissioned as sworn, personally appeared to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged said instrument to be his, her, their free and voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my seal the day and year first hereinabove written. Notary Public in and for Alaska My Commission Expires: PARTNERSHIP ACKNOWLEDGEMENT STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on the day of 19 before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared and to me known to be Partners in the Partnership of and known to me to be the persons who executed the foregoing instrument on behalf of the Partnership herein named, and each acknow- ledged to me that he executed the same as a free act and deed of the said Partnership for the uses and purposes therein stated and pursuant to the authority granted to him by said Partnership. WITNESS my hand and official seal the date and year first above in the Certificate written. Notary Public in and for Alaska My Commission Expires: CORPORATE ACKNOWLEDGEMENT STATE OF ALASKA SS; THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on the day of , 19 before me, a Notary Public in and for the State of Alaska, duly- commissioned as sworn, personally appeared , known to me to be the of the corporation that executed the above and foregoing instrument freely and voluntarily for the uses and purposes therein set forth and as the act of such corporation, having been theretofore authorized to execute such instruments by the Board of Directors of such corporations. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first hereinabove written. RETURN TO: KEY BANK OF ALASKA Notary Public in and for Alaska My Commission Expires: a-' RECORDATION REQUESTED BY: KEY BANK OF ALASKA Kenai Branch 11311 Frontage Road Kenai, AK 9%11 WHEN RECORDED MAIL TO: KEY BANK OF ALASKA Kenai Branch 11311 Frontage Road Kenai, AK 99611 SEND TAX NOTICES TO: Robert T. Bielefeld P. 0. Box 46 Kenai, AK 99611 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY LANDLORD'S ESTOPPEL CERTIFICATE THiS ESTOPPEL CERTIFICATE IS DATED JULY 259 1990, AMONG Robert T. Bielefeld, as to the Leasehold Estate of Parcel 1; and Robert T. Bielefeld as to Parcel 11(referred to below as "Grantor"), whose address Is P. 0. Box 46, Kenai, AK 99611; KEY BANK OF ALASKA (referred to below as "Lender"), whose address is Kenai Branch, 11311 Frontage Road, Kenai, AK 99611; and City of Kenai (referred to below as "Landlord"), whose address Is 210 Fidalgo Street, Kenai, Alaska 99611. Borrower and Lender have entered Into, or are about to enter Into, an agreement whereby Lender has acquired or will acquire, In addition to any other collateral, a Deed of Trust to Lender on Grantor's leasehold Interest In the Property described below. To Induce Lender to extend one or more loans or other financial accommodations to Borrower against such security Interest in the Property and for other valuable consideration, with knowledge that Lender Is relying thereon, Landlord and Grantor hereby agree with Lender as follows: THE LEASE. Landlord has leased the Property to Grantor pursuant to a lease (the "Lease") dated July 1, 1974, which was recorded as follows: Recording date November 12, 1987, Kenai District Recorder Book 319 Page 728. The following information is a summary of the basic terms and conditions of the Lease: The term of this lease is for 55 years commencing the 1 day of July, 1974, to the 30 day of June, 2029, at the annual rental of $550.14, payable yearly in advance on the first day of each year of said term.. REAL PROPERTY DESCRIPTION. The Lease covers the following described real property, together with all improvements thereon (the "Rep' Property") located in the KPB Recording District, Third Judicial District, State of Alaska: Parcel 1 That certain leasehold estate created by lease between the City of Kenai, lessor, and Robert T. Bieldefeld, lessee, recorded December 2, 1974 In Book 81 at Page 349 as It affects the following property: Lot One (1), Block Five (5), according to the Plat of SMALL AIRCRAFT APRON SUBDIVISION, filed under Plat *73-68, in the Kenai Recording District, Third Judicial District, State of Alaska. The Real Property or its address is commonly known as 101 Willow Street, Kenai, AK 99611. The Real Property tax identification number is 043-240-15. ESTOPPEL Landlord and Grantor hereby jointly and severally represent and warrant to Lender that: (a) Lease in Effect The Lease (i) has been duly executed and accepted by Landlord and Grantor, (ii) is in full force and effect, and (III) has not been modified or changed, either in writing or orally, except as reflected in the copy of the Lease provided to Lender. (b) No Default As of the date of this Certificate, 01 all conditions and obligations to be performed by either Landlord or Grantor under the Lease, to the date hereof, have been satisfied; (ii) there exists no breach, default, or event or condition which, the giving of notice or the passage of time, or both, would constitute such a breach or default under the Lease; and (iii) there are no existing claims, defenses or offsets against obligations of either Landlord or Grantor under the Lease, including any against rents due or to become due under the terms of the Lease. (c) Entire Agreement. The Lease constitutes the entire agreement between Landlord and Grantor with respect to the Lease of the Property. (d) No Prepaid Rent No deposits or prepayments of rent have been made in connection with the Lease, except as may be described above in the summary description of the Lease. AGREEMENTS. Landlord and Grantor hereby jointly and severally agree with Lender that, during all such times as Lender is the beneficiary of the security interest in the Property described above: (a) Modification, Termination and Cancellation. Landlord and Grantor will not consent to any modification, termination or cancellation of the Lease unless Lender first consents thereto in writing. (b) Notice of Default Landlord will notify Lender in writing concurrently with any notice given to Grantor of any breach or default on the part of Grantor under the Lease, and Landlord agrees that Lender shall have the right (but not the obligation) to cure any breach or default specified in such notice within the time periods set forth below and Landlord will not declare a default of the Lease, if Lender cures such default within thirty (30) days from and after expiration of the time period provided in the Lease for the cure thereof by Grantor, provided, however, that if such default cannot with diligence be cured by Lender within such thirty (30) day period, the commencement of action by Lender within such thirty (30) day period to remedy the same shall be deemed sufficient so long as Lender pursues such cure with diligence. MISCELLANEOUS PROVISIONS. This Certificate shall extend to and bind the respective heirs, personal representatives, successors and assigns of the parties to this Certificate. This Certificate shall be governed by and construed in accordance with the laws of the State of Alaska. If Landlord is other than an individual, any agent or other person executing this Certificate on behalf of Landlord represents and warrants to Lender that he or she has full power and authority to execute this Certificate on Landlord's behalf. Lender shall not be deemed to have waived any rights under this Certificate unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Certificate shall not constitute a waiver of or prejudice Lender's right otherwise to demand strict compliance with that provision or any other provision. "00 07-25-1990 ESTOPPEL CERTIFICATE Page 2 Loan No 30900582557 (Continued) GRANTOR AND LANDLORD EACH ACKNOWLEDGE HAVING READ ALL THE PROVISIONS OF THIS LANDLORD'S ESTOPPEL CERTIFICATE AND EACH AGREES TO ITS TERMS. THIS CERTIFICATE IS DATED JULY 259 1990. GRANTOR: X .14ebert ` . Sle efeld ............................... . LANDLORD: X City of Kenai LENDER: KEY BANK OF ALASKA By: Authorized Officer INDIVIDUAL ACKNOWLEDGMENT STATE OF ) ) SS On this day before me, the undersigned Notary Public, personally appeared Robert T. Bielefeld, to me known to be the individual described in and who executed the Estoppel Certificate, and acknowledged that he or she signed the Certificate as his or her free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day of 1119 By Notary Public In and for the State of Residing at My commission expires LANDLORD ACKNOWLEDGMENT STATE OF ) ) SS On this day before me, the undersigned Notary Public, personally appeared , to me known to be the individual described in and who executed the Estoppel Certificate, and acknowledged that he or she signed the Certificate as his or her free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day of , 19 By Notary Public in and for the State of Residing at My commission expires LENDER ACKNOWLEDGMENT STATE OF ) SS ) On this day of , 19 , before me, the undersigned Notary Public, personally appeared and known to me to be the , authorized agent for the Lender that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of the said Lender, duly authorized by the Lender through its board of directors or otherwise, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this said instrument and that the seal affixed is the corporate seal of said Lender. By. Notary. Public In and for the State of LASER PRO (tm) Ver. 3.10a (c)1990 CFI Bankers Service Group, Inc. All rights reserved. Residing at My commission expires CITY OF KENAI � KENAI SENIOR SERVICES 361 SENIOR COURT KENAI, ALASKA 99611 (907) 283-4156 MEMO TO: Mayor John Williams City of Kenai FROM: Pat Porter Director Kenai Senior Center DATE: July 239 1990 REFERENCE: Congregate Housing Committee I am enclosing applications submitted by nine individuals for possible appointment to the Congregate Housing Committee. I believe you will find they have varied educational backgrounds, talents and interests, your final selection will assemble a very productive group of individuals, This project will be something the City of Kenai will be very proud of! k4 NAME ADDRESS IJ0 CITY OF KENAI KENAI SENIOR SERVICES 361 SENIOR COURT KENAI, ALASKA 99611 =-= (907) 283-4156 CC)NG�R EGAT E HCDuS = � NG DES= N COMMTTTEE C=TY � I.C/Vf�� PHONE���- wt l y cico you by i sh to sa rva o Commi ttaa? n tha Housi n9 L7asi sn A , n M a a i n 9 s w_ c...� a�� � o l l ba hal d waakl hours , i s this Y du r i n9 bus i Hass a p rob l am? Ara you �fam i l i ar with san i or In what capaci ty? housing? G Zap . APP L=CA-T=ONS DUE ..J UN E 1 5 o` CITY OF KENAI KIRNAT CF.Ni(1R qppvTrlwQ aJVl ULJ1r1V1V t/V V11r1 P.L1Vtll9 t1Ltiol1t-t uVoll (907) 283-4156 CONGREGATE HOUSING DESIGN COMM2TTEE NAME PHONE9 Why do you wish to se rrve on the Hcaus i n Comm i tt�a? 9 Des i �n 4flo-hAA4 ., _N f t Meet i n 9 s will b.c� e d weakly d i n hcau rs , i s -this a 9 bu s i Hass p r-ob aM _ Ara you familiar with senior housi n I n wc3� S hat capac i t y 7 Aay 1 APP L=GAT=ONS DUE .J UN E 1 5 ni CITY OF KENAI KENAI SENIOR SERVICES 361 SENIOR COURT KENAI, ALASKA 99611 (907) 283-4156 CONGREGATE HOUS2NG DESIGN COMMITTEE NAME ADDRESS_. ��• [�Y/%� / 75�p CSTY PHONE why do you wi sh to serve on the Housi " Comm i ttaa ? 9 lies i 9 n C -feel dh jAn - - collobvik k Oe 4nebakdeInsial 5� 5erve ids re:�>Zjel1 �5 Meet � r� s 9 w i 1 l b+a heo I cd weakly du i t�tq bus i Hass hours , i s this a problem? �� 7 � � �i �r�4� Pry c a � r-�r�� cn1ee� a vw. �v ie=�ak, ..Sewoid� -� Are you fam i l i ar, with sere i or hoes = n what capac i It ? hA t h rmm �, lr4 Wtt r' 11'W ellhou"lac a i c �� _ 5 /t�c�Gi r1de��de`��2 as o � � Inl u APP L=CA � T=DNS L�UEJ juN 15 .- CITY OF KENAI KENAI SENIOR SERVICF,S Jbl 6V 1A luh W U n'1' KENAI, ALASKA 99611 (907) 283-4156 CC)NC"R ECaAT E HCDU S T NCa IDES=CN CCDMMTTTEE NAME 'UA�7 _ ADDRESS Y` tiMhy do you wish to Comm t-tse ss rva o - rt the Hous r1c� Das i gri Meetings will bs ha hours , -i s this '7 ci weak l Y cdurr i nc_3 bus-i Hass a prob 1 tap m7 Aro you fam i l i ar- w i th In what capac i ty? — ssr� i or hoes i „_. n9 - �'% c✓ /�T S� /t c7'iG-� - APPLXCA-rX0N3 DUE .JUNE -1 CITY OF KENAI � KENAI SENIOR SERVICES 361 SENIOR COURT KENAI, ALASKA 99611 (907) 283-4156 CCDN(36"R EC3AT E HCDU S T N� UESTGN 0OMMTTTEE NAME 11 : ADDRESS C=TY6-42 I 'l PHONE is wF-1 do you w i is to ss rrvs con -t - Comm� ttss? ' he Houses �9 D@si 3t-� Mast i n sg w i l l bs h a l cd wea k 1 tvou rs , i s this a p rob l sm2 Y du r i ng bu:a i Hass Ara you fam i liar with ssn -i or 1'�ousi n = n what capac i t y � en APRLTCAT=ONS DUE ,,DUNE 15 .- .A164 dq� elk _ CITY OF KENAI L KENAI SENIOR SERVICES 361 SENIOR COURT KENAI, ALASKA 99611 (907) 283-4156 CaNCREGA-rE H(DUS T NG 0EST("='8%'N CCQMMTTTEE NAME ADDRESS '37'D '7";- c = T Y96c"t7f]Y-WA IA4 6:::., (:??66(? PHONE ' Why coo you wish to serve ors the Housi n9 [�esi can cometittea? r-r c,-cam �`�' .•� Mast i ri9s will bs he l d weakly du rr i r1 b hours , i s th i s a `� us i Hass p r' o b '7 s M ? � Ara you farm l i err wi th Iwsari or 1-1ousi ny? �l �5 r'� hat ca _ a ac ; t y ? _g2c::�eL. d ��0 ,� P�� sew r- e5'o -OtAo�rf /�r'-so gw-&eo- �< 5 APPL=CAT=CNS DUE .,JUNE 1 5 CITY OF KENAI KENAT kqFNif1R qqp.RVTC"FQ 4j ki UI1, I i1L'JINAll ALtiZ)tS.A vvbll (907) 283-4156 CONGREGATE HOUS2NG DESIGN COMM2TTEE NAME_ �l); �1• J VIA V1S bY1 ADDRESSj`J , 0 15 PHONE_� why cdcv you w i sh to seo rrve om the H Comm; ttas? coo Lj'asi n9 Desi Msat i n g s w i l l bs he 1 d wsQ k l hcnu rrs , i s th i s a Y du r i rig bus -i hsss problem _ � Ars you familiar w i h sam � or. housi = n what capac i It � APR L=CAT=CNS DUE J UN E 1 5 NAME CITY OF KENAI � KENAI SENIOR SERVICES 361 SENIOR COURT KENAI, ALASKA 99611 (907) 283-4156 COtVG�R EGAT E HCDU s = NG DES=GN COMMITTEE e- ADDRESS 154- cx-rvel s PHONE t Wh y do you w i sh to ss rrve on t - Commi ttea? hs Houses rig t�esi gr-� l l ( e:51 iSr� is • Y Meat i nssa will bs he l cl ws4ak l y t du r -i n hours , i s this a p rob l sm2 9 bus i Hass Ara you familiar w � th san i o r hous i n '� =rt what capac� i -ty� APPL=CA-rXONS DUE ..DUNE 15 .- P/ rl&\ CITY OF KENAI KENAI SENIOR SERVICES 361 SENIOR COURT KENAI, ALASKA 99611 (907) 283-4156 CCJNC-31R EC36Ai' E HCDUs. I NG OESTC3N C©MMTT'TEE NAME ADDRESS - % PHONE --� why do you wish to serve on the H C ltj - Comm ttee? s, ng ties gn r Meat i ngs will be he I d week l y u r i n bus i hou rs 9 Hess a rob l em _ Are You familiar with senior housi ng? In what capac i -ty APR L=CA-rXONS DUE ..J UNE 1 5 ►- 1 ry �- ce)f F,,) co 2-10 Y c CITY OF KENAI "ail eapiw aG 4i"ia., 210 FIDALGO KENAI, ALASKA 99611 -" TELEPHONE 283 - 7535 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAME 1 f, u ,t N . 1 '1 Resident of City of Kenai? N How long? Mailing Address c�l 32-Z Tel. Bus. Address ,—o fit -jW ST C N- 1 Tel .283--,"4Pl 9 .2 Presently employed b. Y E�L i o Job Title Name of Spouse Current membership in organizations _------- --t___ _- Vv\ nn JAC. ZZI AUTHORIZED DEALER Past organizational -membership: KENAI PUMP SALES AND RE t AIR 504 South Willow Street Kenai, Alaska 99611 N\N.V\/ A (907) 283-5618 DOUG THOMPSON kw A owner Committees interested in: S nature e , � �00 (0 I £1 Zi titiC rA_ CITY OF KENAI 0 • 210 FIDALGO KENAI, ALASKA 99 TELEPHONE 283.753 t • C v • CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO •COMMITTEES AND COMMISSIONS ' NAME 4f _ Resident of City of Kenai? £ How long? y,s- Mailing Address �deo�.f3o s; ,eh Tel. Bus. Address Tel. Presently employed by• ' Job Title Name of Spouse - Current membership in -organizations: Past, organizational -'membership:'-• �, to Committees interested in: -zahe-.-- $1 IItUTO c CITY OF KENAI 4Z"G'dp,C �it 210 FIDALGO KENAI, ALASKA 99611 --' TELEPHONE 283 - 7535 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO CDMMITTEES AND COMMISSIONS NAME lwe�;all� Resident of City of Kenai? Yes How long? C5�,, P� - C/ Mailing Address 1,,19f /(%CLy Tel.. Bus. Address /��e/_Tel. _ n Presently employed by Job Title Name of Spouse Current membership in organizations: Past organizational membership: Committees interested in: v A Signature MEMORANDUM TO: John J. Williams, Mayor City of Kenai FROM: Carol L. Freas, erk City of Kenai City C DATE: July 25, 1990 RE: CITY OF KENAI EMPLOYEE CH.RISTMAS PARTY Today, during a telephone conversation with Pat Porter, Director of the Kenai Senior Citizens Center, I was requested to ask you to discuss with the Council the setting of the date for the annual City Christmas party. With the expansion of the dining room, it is presumed that the party would again be at the Senior Citizens Center. If this is the opinion of the Council, now would be a good time to plan the date of the party due to the fact that Pat foresees the Center being booked early. It has been the preference of the employees to plan the party for a Friday or Saturday. The Friday days of December are the 7th, 14th, 21st, and 28th. clf 1791-1991 CITY OF KENAi 0 %od Capi&i 44u4a it _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 CITY OF KENAI NOMINATING PETITIONS Nominating petitions are available at the City Clerk's Office, Kenai City Hall, 210 Fidalgo Avenue, Kenai, for the following seats in the October 2, 1990 regular City election: COUNCILMEMBER Two (2) to be elected for one three-year term each Candidates must be at least 21 years of age, be qualified voters of the State of Alaska, and be residents of the City of Kenai for three years. Filing period is August 1, 1990 to August 15, 1990. The nominating petitions must be returned to the City Clerk's office no later than 5:00 p.m. August 15, 1990. All candidates are subject to the provisions of AS 15.13 Campaign Disclosure Act; and AS 39.50, Conflict of Interest Act, Carol L. Freas, City Clerk DATED: July 18, 1990 , at+ O N_ t+• Is'f _M .-. 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W2 .a; • • ?+ 6-4 cn E-+ CO3 0-M i fsa am A H A a A +vC d V E+ A t--I Ca Cl2 2 C 7 esa A .a; CIO :rc x PLa .a a s 0-4 .cc OCC .aC W V cn as V a x a ♦-+ .:Z A pd � ! ;s C+q AC via = PC V A O W c.� a CA • • .a z a tJ� 6-M C» CQ 1-i A A A �-- Gs: � scic t+ci W C '+ t elf E+ ► 7 .-a a A =31 _ _ CD E+ E+ a 034 Ida W W o PL4 w t4 E-+ a�-r ISa Ct-. C t1� a A A tom• b+ o E+ �v c� Co O EE-+ A H ',Z a E+ C1. W Q 04 E• to 2 t�4 Et Ida ca O vn v% 4% CT v% Cs. A E-H O �'-♦ A Oa t-i A V MI7 H i t 1791-1991 CITY OF KENA. „ail (?afu�.l 4iai4a„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 MEMORANDUM PUBLIC WORKS DIRECTOR REPORT TO: Kenai City Council FOR COUNCIL MEETING - 8/1/90 FROM: Keith Kornelis, P.W. Director DATE: 7/27/90 SUBJECT: TO DO LIST Kenai City Council Meeting of July 18, 1990 1. Fix Councilwoman Swarner's chair. All of the Council chairs were tightened on 7/19/90, 3. Have Kenai City Shop prepare a sign to be placed on the Leo Oberts river property regarding "inside City Limits ... world' s largest king salmon hooked...." Place on property ASAP. The Street Department has in the sign and is tryingto et g in touch with Mr. Oberts n order to find out where he wants the sign placed. For Information: On July 26, 1990, we received a letter of resignation from Denis Douglas. /kv c:\wp51\dept\council\report.mem DATE: July 18, 1990 , f �r CP "Cs TO: City of Kenai FROM: Disabled American Veterans - Chapter One RE: Notification mail out Please find attached our current list of locations for Disabled American Veterans - Chapter One which may or may not be within your jurisdiction. There may have been additions and/or deletions since our last mail out. Kindly update your records accordingly. r PERMIT'IPUILr-TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION DISABLED AN=C:AN S - CHAPTER ONE Narne of Business Facility Physical Address Phone No. Contact Blue Grouse Mile 17.5 North Rd 283-4281 Richard Cooper Kenai, AK 99611 283-4233 Bush Co. II 631 E. Int' 1 Airport 561-2609 Bill Anchorage, Alaska LauraIs Liquor 608 Main Street 424-3144 Laura Brown Cordova, AK 99574 North Bar Mile 132 SterlingHw 567-3442 Daryl C haw Ninilchik, AK 99639 Pizza Pete's Mile 1 2 Spur Hwy. 262-5306 Art & Angela Soldotna, AK 99669 Argyropoulos Ray' s Waterfrcnt Small Boat Harbor 224-5606 Ray Simutis Seward, AK 99664 Short Stop Grocery 34770 K-Beach Rd, 262-5112 Rosann Soldotna, AK 99669 Sourdough Roadhouse Mile 147.5 Rich Hwy 822-3355 Jim & Marvelee Gakona, AK 99586 Ruechel Short Stop Mkt & Liquor Mile 1.6 Nash Rd, 224-3885 Connie Seward, AK 99664 Bencardi no Tips Bar 12349 Old Glen Hwy 694-2372 Norma Eagle River, AK PLEASE RUIURN 70: Division of Occupational Licensing Gaming Section P . O. Box D-LIC Juneau, AK 99811-0800 Attention: Kelcy Parsons, Licensing Examiner THANK YOU ! -oZ DATE: .July 18,.1990 TO: City of Kenai FROM: Disabled American Veterans - Chapter Two RE: Notification mail out �71819�,0 . N �/ � CIS )g w 90 CITY CC,� IN cLQ OF KFtin t� 0z62 Please find attached our current list of locations for Disabled American Veterans - Chapter Two which -may or may not be within your jurisdiction* There may have been additions and/or deletions since our last mail out. Kindly update your records accordingly PERMITI PULI.r--TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION DISABLID ANERICAN VFIERANS - CHAPTER 2 Name of.Business Facility Physical Address 1 Phone No. Contact Big Al's P.O. Box 649 262-4216 Alton Priest Kasiloff, AK 99610 Bishop Creek Mile 25 N. KenaiRd. 776-8216 ILauthridge Linda Kenai, AK 99611 776-8514 Blue Crouse Mile 17.5 North ]Rd, 283-4281 Richard Cooper Kenai, AK 99611 283-4233 Bush Co. II * 631 E. Int' s Airport 561-2609 Bill Anchorage, Alaska D.J. TAheelhouse 215 Fourth Avenue 224-5536 Doris Corooran Seward, AK 99664 Duck Inn Mile 19.5 K-BeachRd 262-1849 Don or Debbie Kenai, AK 99611 Eadies 3.5 Spur Hwy, 283-3089 Ethel Henderson Kenai, AK 99611 Forelands Bar Mile 20 Kenai Spur 776-9907 Ron & RDse Kiel Kasiloff, AK 99610 1T<atniai Hotel 10800 Kenai Spur Rd 283-6101 Jim Singree Kenai, AK 99611 Larry's Club 12656 Spur Rd. 283-9935 Dave Nikiski, AK 99635 Laura' s Liquor 608 Main Street 424--3144 Laura Brown Cordova, AK 99574 Longmre Liquor Mile 88.5 Sterling 262-1068 John Cho Soldotna, AK 99669 Maverick.Club 44698 Sterling Hwy 262-7979 Janet Soldotna, AK 99669 PLEASE 10 R TO: Division of Occupational Licensing Gan -Ling Section P.O. Box D-LIC Juneau, AK 99811-0800 Attention: Kelcy Parsons, Licensing Examiner THANK YOU! PE.AFMI= TAB 10=0NS DIVISION OF ATIONAL LIMMIM GAMING S=ION DISART.M. AMERICAN Vf41ERANS - CHAPTER 2 Name of Business Facility Physical Address Phone No. Contact Moose Pass Inn Mile 30 Seward Hwy. 288-3110 Linda Sherrill Seward, AK 99631 New Seward Saloon 217 fifth Avenue 224-3-95 Dolly Seward, AK 99664 Tightwatch Mile 96 Sterling Hw 262-7020 Nasty Jory Soldotna, AK 99669 North Bar Mile 132 Sterli.ngl w 567-3442 Daryl Chaw Ninilchik, AK 99639 Parkers 36185 Kenai Spur Rd 262-4670 Tack Lee Soldotna, AK 99669 262-4670 Pit Bar Mile 3.5 Seward -Hwy 224-3006 Doug Jones Seward, AK 99664 Zne Place Motel & Bar Mile 18 forth Rd. 283-9915 John Young Kenai, AK 99611 Ray's waterfront Small Boat Harbor 224-5606 Ray Sinutis Seward, , AK 99664 Robinson's Mini Mart 50535 Kalfonski 283-9384 George Kenai, AK 99669 Soldotna. Inn 35041 Spur Hwy 262-9169 Michael Sipes Soldotna, AK 99669 Sourdough Roadhouse Mile 147.5 Rich Hwy 822-3355 Jim & Marvelee Gakona, AK 99586 Ruechel Speedy Mart Mile 26.5 Spur Hwy 776-8283 Myron Nikiski, AK 99635 Christianson Short Stop Mkt & Liquor Mile 1.6 Nash Rd. 224-3885 Connie Seward, AK 99664 Bencardino Tips Bar * 12349 Old Glen Hwy 694-2372 Norma Eagle River, AK Vaughan's Mini Mart Mile 18.5 Kalfonski 262-4252 Vaughan lDablenmt Soldotna . AK 99669. Video North Mile 101 Rich Hwy. 822-5556 Paul White Glennallen,AK 99588 PLEASE rLJRN TO: 1 Division of Occupational Licensing Gaming Section P . O . Box D-LIC Juneau, AK 99811--0800 A++ �n+inn • KA 1 rxr V;4 rcrvi c_ T 3 ran c i nn dam i n Arr ,y.000 go VA �,��• �.ii�'�,��,c y, is Zi,_t is tlie rt:•- w: re ' rio 't,ejds in the inn'... tll�L•t _ - 1 z cavJ».., ai:id% b aI'ld .1::? s wez e full 1 for j >>ly , I decided 'to • '' I-'� �ci any cabin, and go' to visit friends, I stopped by at the c:i].I:I(Dt. c.-laaIII bfit I , I a s c::old, prol:)er, polished, impersonal , l iIce •', ' cjar �l Lr;.�;� to of f er. xny cabin. I was told briskly that I Jam, ,•.0r;r- * E . to oin the chalubei and then they would display ad n ..., i .� �k• �•Jr''' , M .• 1, I. shuddered dnd,.left. • htoia•rh Ii-A te!r hearing that, there still was LA need, I ' • k-opped by at ' the Kenai ..Chamber -and told them that I s t 111 r :•� Y:� ,;.},lard a cabin that could be rented, • •�, f.. "Oh, you must b- e the* Jacly • �,.. w .li►.it r-%t1led here months ago." he said, I ralnembeiz, you, " • t ;w w QI-B =11 d a lady here yesterday wanting soinethin like 1, t rh zit . I �=� 1n u happy ng -to of f e2- •t ha t he • wi 11 have sorne•thi • '..,� she said. . c•�1'<<: c'� �� t: c_,�,1 �. ��sk z�r�w. "Do you know, we had 200 d 4 •'�;`•upl,•; he2�e 'yes-terclay. It is sac1 not to have lay=•ems p f o 1• PgOI_ 11e to Stay. YeS, I will tell those interested about - yoUr cabin, , Thank you for coming in The ,log walls of the Kenai c,hanber -were timeworn, and the '•, way, they were years ago in old Alaska, where people had time to live s imply and care. for each other. It was Uncluttered, • uilcrowcicl, and the ladies there renielnUered me through rn b Y IAione ..Ull only, and yet they had hosted:200 people e=;tusi dt-1y, 'cis though -they were personal oguests. It was warm • .. hez E , I didn't want :to leave,, .A moinent of truth came.. THIS is what people look for when ' ' .they travel, ' • P P � ,y ave l , AUTHENTICITY, THE WAY I T REALLY WAID , THE GOOD OLD DAYS, So3neone who canes, 1 reaL.-linber'ed some scuttlebut about I{enai s •-)endi ng ini l l iolls � to erect a chamber cornpetit i.ve in size to the Qne in S'o l dot na , WHY? I have: Crave l l ed all over the southern ' 48 and Europe, ., Megopolis is everywhere, and . everY where the same... .: What people are hungering for is original folk 'culture. , , the way.it really was, , , in the hopes of touching something wi •th i.n thense 1 vee, that i's still authentic and uncommercial if -the pro j ected new inassive chamber were given to ine, I ' would still vote to stick with the. authentic log cabin, and thC-1. person -to person caring, of the present log Kenai ' ch1 :.ijJiber, to the huge impersonal visitors center in Soldotna . • If you hav� cltia 1:t ty, why -trade it for quantity, �o I And ''1 axpayars, can t you think of more productive uses f or ,your iiiuney? I Can . Martha Eller Anderson, Kenai r .�-,'"• / ' ���- � . � �� ��� ' � t �. _� �-� �� �. � 1 ,. �_,.._ � � i i r �d�'� ,- . � - - ., .�� r.. �, ,. G J� �: ,. . � / .. ;. t ,, 00, TO DO LIST KENAI CITY COUNCIL MEETING OF JULY 18, 1990 KK: 1. Fix Councilwoman Swarner's chair. 2. Prepare resolution awarding architectural services for the Kenai Bicentennial and Cultural Center to August 1, 1990 meeting for action. 3. Have Kenai City Shop prepare a sign to be placed on' the Leo Oberts river property regarding "inside City Limits...world's largest king salmon hooked...." Place on property ASAP. CAB: 1. Forward check of $400 to ALPAR program for clean- up efforts. 2. Prepare resolution regarding Leitner request for Peninsula Athletic Club II. STEVE COWPE! ro DEPARTIMENT OF REVENUE r ALCOHOLIC BEVERAGE CONTROL BOARD 1 July 29, 1990 George N. & Ekaterini Pitsilionis d/b/a Pizza Paradisos P. O. Box 2917 Kenai, AK 99611 Dear Mr. & Mrs. Pitsilionis: 550 W. 7TH AVE ANCHORAGE, ALASKA 99501-6698 Your application for transfer of ownership, location & name change of a beverage dispensary license from Kenai Merit Inn Corp, d/b/a Kenai Merit Inn at 260 S. Willow St. was approved by the Alcoholic -Beverage Control Board at its meeting of July 19 & 20, 1990. The enclosed license is to be posted conspicuously in your place of business where it may easily be observed by everyone. If you have any questions, please do not hesitate to contact our office. cc: Governing Body -City of Kenai Sincerely, Beth Nelson Records &Licensing Supervisor (907) 277-8638 04-D15LH 0 ch O � N � U � O CU �- LJ e O L.? Gam.? C O L 6m O e M- C t�7 L a) ro(13 -� 4J En O La O En N -r-1 U -r q 4-) N 4 cd 04 U) 4-) En ro J U) -rl 3 .z f o -r-i r, 04 o 4J 4 f .rq �4 En •-) O �4 �4 4-4 •� r-q a) w ro fd a) w 4 a a .rq -� O I ro � Ei U) 104 O O 04 H. -r-1 0 4J 4-) U) U U z r 04 04 O Ul U) w H H a 4-) o 0 0 o 0 0 O o L ro 5:� H 04 r--I • H � � .H -� 3 4-)x a� U O 4 �� 4, ro 4 + 3 r-+ O cd O 4 j r-q 1 04 A O V U) 0 0 0 � r--I M 01 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING June 5, 1990; 7:30 p.m. Borough Administration Building Soldotna, Alaska A G E N D A - A. CALL TO ORDER B . PLEDGE OF ALLEGIANCE C. INVOCATION: Rev, Stephan Brown, New Life Assembly, Kenai D. ROLL CALL ***ITEMS REMAINING FROM MAY 15 AGENDA*** (a) Res. 90-26 "Placing a Proposition Before the Voters Which Would Authorize the Assembly to Remove Restrictions on Hiring and Expenditures from the Non-Areawide Port and Harbor Powers of the Kenai Peninsula Borough" (Hodgins) (b) Res. 90-36 "Transferring Monies from the Assembly Contingency Account to Assembly Dues and Subscriptions for Alaska Center for the Environment (ACE) and Public Awareness Committee for the Environment (PACE) Memberships" (Atkinson/Superman) POSTPONED to 5/15, POSTPONED to 6/5 (c) Res. 90-43 "Authorizing an Expenditure of $2,000 from the Assembly Dues and Subscriptions Account for Membership in OEKOS" ( Brown) POSTPONED TO 5/ 15 , POSTPONED to 6/5 (d) Res. 90-46 "Providing for Ballot Propositions to Approve the Levy of Taxes for Road Maintenance Purposes By the Central Kenai Peninsula Road Maintenance Service Area, East Kenai Peninsula Road Maintenance Service Area, North Kenai Peninsula Road Maintenance Service Area, and South Kenai Peninsula Road Maintenance Service Area" (Mayor, Req. SA' s ) 1 Paae No. 1 1 1 1 1 Adopted as amended 2 Defeated 4 Defeated 4 Postponed to 6/19/90 E. F. G. H. I. Nf VACANCY, DESIGNATION OR SEATING OF Page No. ASSEMBLYMEMBERS 5 APPROVAL OF MINUTES: May 15, 1990 and Board of 5 Equalization Meeting of May 17, 1990 COMMITTEE REPORTS (a) Finance (Chm. Sewall, Vice Chm, 5 Nash, Glick, O'Connell, Keene) (b) Legislative (Chm. Crawford, 5 O'Connell, Glick, Mullen) (c) Local Affairs/Lands (Chm. Brown, 5 Vice Chm. Crawford, Moock, Mullen, Poindexter, Superman) (d) Public Works/Ed (Chm. McLane, Vice 5 Chm. Moock, Atkinson, Hodgins, Superman, Walli) REPORTS OF COMMISSIONS AND COUNCILS 6 MOTIONS TO RECONSIDER 6 (a) Ord. 90-37 "Increasing the Available 6 Appropriation for the School Enacted District for Fiscal Year 1989/90 by as amended $700, 000 (Mayor) NOR McLane AGENDA APPROVAL AND CONSENT AGENDA (a) RES.90-54 "Awarding a Contract for 8 the Operations & Maintenance of the Adopted Seldovia Landfill" (Mayor) (b) Res. 90-55 "Awarding a Contract for 8 the Homer High School STAEFA Adopted Controls Replacement Project" (Mayor) (c) Res. 90-56 "Awarding a Contract for 8 Design Services for the Nikiski Fire Adopted Station No. 2 Roof Replacement Project" (Mayor) (d) Res. 90-57 "Transferring Surplus 12 Funds from the Susan B..English Gym Adopted Floor Replacement Project to the Chapman Elementary School Paving Project and Awarding a Contract for Paving (Mayor) (e) Res. 90-60 "Authorizing a Removed Cooperative Agreement with the State V4 Page No Department of Natural Resources for Fire Hazard Reduction Activity and Authorizing Acceptance of $655,000 from the State to Engage in Those Activities" (Mayor) ( f ) Res. 9 0-61 "Authorizing the Mayor to Removed Enter Agreements to Provide Gravel & Fill Material at no Charge to the State for Reconstruction of the Kalifornsky Beach Road Washout" (Mayor) (g) Petition to Vacate 20 Foot Utility 8 Easement within Tract B, Wes Warren S/D, Plat 75-107 KRD, Sec., 29, T7N, R11W, S.M. (h) Petition to Vacate Portion of 10 8 Foot Utility Easement within Lot 5- B, Block 2, Murwood Estates, No.4, Plat 83-63, KRD, Sec. 22, T5N, R11W, S.M. ( i) Confirmation of New Director for the 8 Maintenance Department K. ORDINANCE HEARINGS (a) Ord. 90-33 "Appropriating Funds for 15 the FY 1990-1991 General Government Budget" (Mayor) (b) Ord. 90-34 "Providing for Revision 11 of the Ordinances and Borough Code Enacted Sections for Technical, Style, Grammar and Reference Corrections by the Clerk" (Policies & Procedures Committee) L. INTRODUCTION OF ORDINANCES (a) Ord. 90-29 "Revising and Recodifying 11 Ordinances Regarding the Borough Hrg. 7/17/90 Assembly and its Procedures and Creating a New Legislative Section in the Borough Code" (Policies & Procedures Committee) (b) Ord. 90-42 "Amending the Kenai 12 Peninsula Borough Sales Tax Code to Hrg. 6/19/90 Exempt Food Sales By Nonprofit Recreational Camps" (Glick) (Hearing 3 M. N. Paae No Set for June 19, 1990) (c) Ord. 90-43 "Amending Title 20 of the 8 Borough Code to Clarify Definition Hrg. 6/19/90 and Use of Easement Shown on Subdivision Plats" (Mayor) (Hearing Set for June 19, 1990) (d) Ord. 90-44 "Authorizing the Sale of 12 Borough Lands Located on the West Hrg. 6/19/90 Side of cook Inlet to Marathon Oil Company for the Purpose of Establishing a Drilling Mud Disposal Site" (Mayor) (Hearing Set for June 19, 1990) (e) Ord. 90-45 "Appropriating $655,000 9 to the Land Trust Fund for the Fire Hrg. 6/19/90 Hazard Reduction Activity" (Mayor) (Hearing Set for June 19, 1990) CONSIDERATION OF RESOLUTIONS (a) Res. 90-53 "Setting the Rate of levy Postponed p for Real and Personal Property Taxes p Y to 6/12/90 for the Kenai Peninsula Borough and for Service Areas within the Borough for the Tax Year 1990" (Mayor) (b) Res. 90-58 "Authorizing Use of the 14 Ladd Landing Barge Site to the Adopted Bureau of Indian Affairs" (Mayor) (c) Res. 90-59 "Providing for Executive 15 and Administrative Salary Maximums Adopted for Borough Staff Exempt from as amended Collective Bargaining" (Mayor) PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) (a) Ord. 89-40 "Enacting a New Chapter 21.12 to Provide a Permit System for Conditional Land Uses and Repealing the Current KPB 21.12 Noxious, Injurious and Hazardous Uses Ordinances" (Mayor, Req. Task Force) TABLED (b) Ord. 90-36 "Raising the Mill Rate Cap of the Central Peninsula Emergency Medical Service for a 4 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES June 5, 1990; 7:30 p.m. Borough Administration Building Soldotna, Alaska A. CALL TO ORDER The regular assembly meeting was called order at approximately 7:30 p.m. by President James W. Skogstad. B. PLEDGE OF ALLEGIANCE co INVOCATION The invocation was given by Rev. Stephen Brown, New Life Assembly, Kenai. D. ROLL CALL PRESENT: Assemblymembers Sewall, Hodgins, Moock, McLane, Atkinson, O'Connell, Crawford, Glick, Skogstad, Mullens, Brown, Keene, Nash, Superman, Walli; Mayor Gilman, Attny. Boedeker, Finance Director Kinney, Admin., Planning Director Troeger, Borough Clerk Sumey EXCUSED: Poindexter *** ITEMS REMAINING FROM MAY 15 AGENDA *** (a) Res. 90-26 "Placing a Proposition Before the Voters Which Would Authorize the Assembly to Remove Restrictions on Hiring and Expenditures from the Non-Areawide Port and Harbor Powers of the Kenai Peninsula Borough" (Hodgins) Assemblymember Hodgins recommended passage of this Res. 90-26. Mr. O'Connell expressed concern with the wording of that portion of Res, 9 0-2 6 which states; "Authorizing removal of limitations on the exercise of non-areawide port and harbor powers..." Mr. Boedecker recommended that the following language be inserted into the resolution to change it to read as follows: "PROPOSITION: Authorizing removal of limitations on the exercise of non-areawide port and harbor powers of the Borough. Do you authorize the Assembly to remove restrictions [originally imposed by the Assembly and voters on the exercise of the power] that prevent the Borough use of employees or Borough funds to implement the non-areawide port and harbor authority. 1 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING JUNE 5, 1990 ASSEMBLYMEMBER O'CONNELL MOVED FOR THE ADOPTION OF THE WORDING, AS STATED ABOVE, AS AN AMENDMENT TO RESOLUTION 90-26, THE O' CONNELL AMENDMENT TO RES. 9 0-2 6 WAS ADOPTED BY A VOTE OF 4 NO TO 11 YES. Yes: Sewall, O'Connell, Skogstad, Mullen, Keene, Hodgins, Moock, McLane, Crawford, Glick, Nash No: Atkinson, Brown, Superman, Walli ASSEMBLYMEMBER ATKINSON MOVED THAT THE LANGUAGE OF THE AMENDMENT TO RESOLUTION 90-26 BE CORRECTED AS FOLLOWS: "PROPOSITION: Authorizing removal of limitations on the exercise of non-areawide port and harbor powers of the Borough. Do you authorize the Assembly to remove restrictions originally imposed by the Assembly and voters on the exercise of the power that prevent[s] the Borough use of employees or Borough funds to implement the non-areawide port and harbor [power]. THE ATKINSON AMENDMENT TO RESOLUTION 9 0-2 6 WAS ADOPTED BY UNANIMOUS CONSENT. RES. 90-26 (SBST) WAS ADOPTED BY A VOTE OF 6 NO TO 9 YES. Yes: Skogstad, Mullen, Keene, Hodgins, Moock, McLane, Crawford, Glick, Walli No: Sewall, Atkinson, O'Connell, Brown, Nash, Superman (b) Res, 9 0-3 6 "Transferring Monies from the Assembly Contingency Account to Assembly Dues and Subscriptions for Alaska Center for the Environment (A.C.E.) and Public Awareness Committee for the Environment (P.A.C.E) Memberships." Mr. Sewall reported that the Finance Committee recommended a "Do not pass". ASSEMBLYMEMBER ATKINSON MADE A MOTION TO ADOPT RESOLUTION 90-36, MR. ATKINSON MADE A MOTION THAT RES. 90-36 BE POSTPONED TO M, (a), OF THE JUNE 5 AGENDA. Mr. McLane spoke against the postponement. Mr. Superman spoke for the motion to postpone. THE MOTION TO POSTPONE ADOPTION OF RESOLUTION 90-36 WAS DEFEATED BY A VOTE OF 6 YES TO 7 NO, Yes: Atkinson, Glick, Skogstad, Brown, Nash, Superman No: Sewall, Moock, Walli, Hodgins, McLane, O'Connell, Crawford, Mullen, Keene Mr. McLane had some questions regarding past actions of A.C.E. as F KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING JUNE 5, 1990 regards their involvement in the delay of removal of beetle -kill trees from the Cooper Landing area. Mr. Mullen questioned the advisability of membership in what could grow to be a multitude of organizations. Mr. Sewall spoke in support of membership but not for the stated "...inflated sponsorship amounts...". Mr. Atkinson spoke in favor of Res. 90-36, and also questioned some of the current memberships that the Assembly now holds. Mr. Keene cautioned against labelling because of a "No" vote. Ms. Walli spoke against Res. 90-36 in light of the fact that we are not familiar enough with their long term goals and legislative intentions. Ms. Glick clarified the function of the Kenai Caucus. Mr. Nash spoke in favor of responsible "pro -development" MR. BROWN MOVED THAT THE 4TH, 5TH AND 6TH "WHEREAS" SECTIONS OF RESOLUTION 90-36 BE STRICKEN AS WELL AS THE PHRASE "...FROM DEGRADATION THAT INDUSTRIAL DEVELOPMENT MAY CAUSE . " FROM THE 7TH PARAGRAPH MAKING IT READ AS FOLLOWS: Res. 90-36 "Transferring Monies from the Assembly Contingency Account to Assembly Dues and Subscriptions for Alaska Center for the Environment (A. C. E. ) and Public Awareness Committee for the Environment (P.A.C.E) Memberships WHEREAS, the need to protect our environment is increasing; and WHEREAS, it is the Assembly's duty to contribute to environmental protection; and WHEREAS, currently the Assembly expends no monies to support environmental advocacy organizations; and WHEREAS, A.C.E. and P.A.C.E. are actively engaged in protecting the environment; and WHEREAS, the Kenai Peninsula Borough is involved in waste control and land use control, and A.C.E. and P.A.C.E., being involved in the same pursuits, could aid the borough in such pursuits; NOW THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That $ 5 , 0 0 0 is transferred from account number 100-111010-4999 Assembly Contingency to account number 100-111010-43920 Assembly Dues and Subscriptions KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING DUNE 5, 1990 to provide for Alaska Center for the Environment membership. Section 2. That $5, 000 is transferred from account number 100-111010-4999 Assembly Contingency to Account Number 100-111010-43920 Assembly Dues and Subscriptions to provide for Public Awareness Committee for the Environment membership. Section 3. That this resolution shall take effect immediately upon its adoption." THE BROWN AMENDMENT TO RES. 90-3 6 WAS ADOPTED BY A VOTE OF 4 NO AND 11 YES. Yes: Sewall, Glick, Moock, Skogstad, Walli, Hodgins, Atkinson, Crawford, Brown, Keene, Nash No: McLane, O'Connell, Mullen, Superman Mr. Superman spoke of his concern regarding the memo about spending public funds. His concern was towards the examination of "our objectivity". RES. 90-36(SBST) WAS DEFEATED BY A VOTE OF 2 YES TO 13 NO. (c) Res. 90-43 "Authorizing an expenditure of $2 , 000 from the Assembly Dues and Subscriptions account for membership in OEKOS" ASSEMBLYMEMBER BROWN MOVED FOR THE ADOPTION OF RES. 90-43 Mr. Sewall reported that the Finance Committee had a recommendation of "Do Not Pass". Mr. Brown spoke in favor of Res. 90-43. MR, BROWN MOVED FOR THE AMENDMENT OF AN " ... INITIAL EXPENDITURE OF $910 WITH ANNUAL DUES OF $20..011. THE BROWN AMENDMENT TO RES. 90-43 WAS ADOPTED BY A VOTE OF 6 NO TO 9 YES. Yes: Sewall, Glick, Moock, Skogstad, Hodgins, Atkinson, Mullen, Brown, Nash No: McLane, O'Connell, Crawford, Keene, Superman, Walli Mr. Sewall expressed personal support of OEKOS but spoke against spending public funds for this purpose. RES. 90-43(SBST) WAS APPROVED BY A VOTE OF 5 YES TO 10 NO. Yes: McLane, Atkinson, Crawford, Glick, Brown No: Sewall, Hodgins, Moock, O'Connell, Skogstad, Mullen, Keene, Nash, Superman, Walli (d) Res. 90-46 "Providing for Ballot Propositions to Approve the Levy of Taxes for Road Maintenance Purposes By the Central Kenai 4 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING JUNE 5, 1990 Peninsula Road Maintenance Service Area, East Kenai Peninsula Road Maintenance Service Area, North Kenai Peninsula Road Maintenance Service Area, and South Kenai Peninsula Road Maintenance Service Area" (Mayor, Req. SA's) ASSEMBLYMEMBER GLICK MOVED FOR THE ADOPTION OF RES. 90-46. Mr. Sewall reported that the Finance Committee had a "Yes" recommendation on a split vote. He also reported that the committee discussed the need to look at the overall power and road service powers on a non-areawide basis as opposed to service area by service area. ASSEMBLYMEMBER GLICK MOVED TO POSTPONE ACTION ON RES, 90-46 UNTIL JUNE 19 AND IT WAS ADOPTED BY UNANIMOUS CONSENT, E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES The minutes of the May 15, 1990 regular meeting and the May 17, 1990 Board of Equalization meeting were approved with a correction to the regular minutes by amending them to show a "No" vote for Mr. Superman and a "Yes" vote for Ms. Walli on Ord. 90-32, G. COMMITTEE REPORTS (a) Finance (Chm. Sewall, Vice Chm. Nash, Glick, O'Connell, Keene) Mr. Sewall reported the committee discussed primarily agenda items. (b) Legislative (Chm. Crawford, O'Connell, Glick, Mullen) Mr. Crawford reported that he was absent at the meeting and therefore had no report. (c) Local Affairs/Lands (Chm. Brown, Vice Chm, Crawford, Moock, Mullen, Poindexter, Superman) Mr. Brown reported that the committee discussed agenda items with the exception of a report and presentation from Mr. Rich Underkofler, Soldotna City Manager, regarding the legislative grant for road improvements. He offered some input as to how to spend that money. (d) Public Works/Ed (Chm. McLane, Vice Chm. Moock, Atkinson, Hodgins, Superman, Walli) Mr. McLane reported that the committee had a discussion regarding Knight Drive and other roads on the 1990 Legislative priority list. In light of the $740,000 grant we expect from the legislature, we can expect a resolution to be coming before the assembly in the near future. The rest of the discussion concerned agenda items. 5 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING JUNE 51919-90 H. REPORTS OF COMMISSIONS AND COUNCILS None I. MOTIONS TO RECONSIDER (a) Ord. 90-37 "Increasing the available appropriation for the school district for fiscal year 1989/90 by $700, 000" (Mayor) NOR McLane ASSEMBLYMEMBER McLANE MOVED TO RECONSIDER ORD. 90-37. Mr. McLane stated that his vote had been recorded in error and that this was the reason for his motion for reconsideration. THE MOTION FOR RECONSIDERATION WAS APPROVED BY A VOTE OF 4 NO TO 11 YES. Yes: Sewall, Glick, Walli, Hodgins, McLane, Atkinson, O'Connell, Crawford, Brown, Nash, Superman No: Moock, Skogstad, Mullen, Keene Mr. McLane stated that he had a discussion with Mr. Boedecker regarding a figure and requested that once the motion had been put on the floor, anyone having a budget figure in mind reveal it and then discussion would follow on each figure in the order taken until a 9 vote agreement is reached on any one figure. The general consensus was in agreement with this plan.... Mr. McLane requested a short recess to review supplemental information. Pres. Skogstad granted the recess and requested that the assembly reconvene at 8:40 p.m. Pres. Skogstad called the meeting back to order at approximately 8:40 p.m. MR. McLANE MOVED TO AMEND SECTION 1 TO REPLACE 11$700,000" WITH 11$142,787" AND 11$56,574,381" WITH 11$56,719,54311. MR. MULLEN MOVED TO AMEND SECTION 1 TO REPLACE 11$700,000" WITH 11$500,000". MR. SEWALL MOVED TO AMEND SECTION 1 TO REPLACE 11$700,000" WITH 11$400,000". MR. ATKINSON MOVED TO AMEND SECTION 1 TO REPLACE " $ 7 0 0 , 0 0 0" WITH "$1.00". Mr. O'Connell spoke to the issue of the legitimacy of Mr. Atkinson's amendment as providing an option for no expenditure at all. Ms. Moock expressed some disappointment that the assembly appeared M KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING JUNE 5, 1990 to be failing to follow through on making money available when those in the school district have made a good faith effort to stay within their budgets and are under the impression that these funds would be available. Ms. Walli stated that the only reason she voted for reconsideration was because she thought that a vote had been cast incorrectly previously. She stated that the curriculum and equipment funding should take place at the time that the budget itself is made by the school district. She urged the members to vote against the amendments and the entire resolution. Mr. Atkinson stated that it is the duty of each member to look after their votes but it is also the duty of the school board members to be aware of what is on the agenda. He voiced an objection to the school board not giving "the whole picture". He encouraged members to vote against the Ord. 90-37. Mr. Skogstad reminded the members that the money was generated from added. enrollment and not budgeted for because enrollment projections did not anticipate the increase in students. Ms. Glick pointed out that the school board was aware of the possible reconsideration of this ordinance and the notice of reconsideration. They apparently decided to wait and see what action the Borough Assembly took. THE MOTION TO AMEND SECTION 1 OF ORD. 90-37 TO REPLACE 11$700,000" WITH 11$142,787" AND 11$56,574,381" WITH 11$56,719,543" WAS DEFEATED BY A VOTE OF 5 YES TO 10 NO, Yes: Hodgins, McLane, Atkinson, O'Connell, Superman No: Sewall, Glick, Moock, Skogstad, Walli, Crawford, Mullen, Brown, Keene, Nash THE MOTION TO AMEND SECTION 1 OF ORD. 90-37 TO REPLACE 11$700,000" WITH 11$500,000" AND 11$56,574,381" WITH 11$57,076,756" WAS APPROVED BY A VOTE OF 6 NO TO 9 YES. Yes: Hodgins, Atkinson, O'Connell, Sewall, Glick, Skogstad, Mullen, Brown, Nash No: Moock, McLane, Crawford, Keene, Superman, Walli PRESIDENT SKOGSTAD REQUESTED A ROLL CALL ON THE MAIN MOTION FOR ORD. 90-37 AS AMENDED. ORD. 90-37(SBST) WAS APPROVED BY A VOTE OF 6 NO TO 9 YES. Yes: Superman, Sewall, Glick, Moock, Skogstad, Mullen, Brown, Keene, Nash No: Hodgins, McLane, Atkinson, O'Connell, Crawford, Walli J. AGENDA APPROVAL AND CONSENT AGENDA Mr. Brown requested that Ord. 90-43 and Ord. 90-45 be placed on the consent agenda. fA KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING JUNE 5, 1990 Mr. Sewall requested that Res. 90-57 be removed from the consent agenda and placed in its proper order. (Second item under N) Mr. McLane requested that Res. 90-60 and Res. 90-61 be removed and the Ord. 9 0-4 5 be set for hearing. Mr. McLane added an unnumbered commemorative resolution to the agenda commending Kim Moock for her performance at the Alaska State Track and Field Championship held May 25 and 26, 1990 at Palmer, Alaska. Ms. Moock requested an unnumbered commemorative resolution to the agenda commending Beth Ladd for her performance at the Alaska State Track and Field Championship and add Mr. Keene's name as a co- sponsor. ASSEMBLYMAN NAS H MADE A MOTION TO MOVE ORD. 9 0 - 4 3 AND RE S . 9 0 - 5 3 TO FOLLOW ITEM M. (c), RES. 90-59, WHICH WOULD BRING THOSE ITEMS TOWARDS THE END OF THE MEETING. Mr. Hodgins objected to manipulating the agenda and also to Mr. Nash's motion. THE MOTION WAS APPROVED BY A VOTED OF 6 NO TO 9 YES. Yes: Atkinson, Glick, Skogstad, Mullen, Brown, Keene, Superman, Crawford, Nash No: Sewall, Hodgins, Moock, McLane, O'Connell, Walli President Skogstad presented the following for agenda approval and consent: Res. 90-54 "Authorizing the Mayor to award a contract for the operations and maintenance of the Seldovia Landfill" Res. 90-55 "Awarding a contract for the Homer High School STAEFA Controls Replacement Project" Res. 90-56 "Awarding of a contract for design services for the Nikiski Fire Station No. 2 roof replacement project" Mayor Gilman requested that Res. 90-60 be removed from the agenda. "A petition to vacate Twenty Foot Utility Easement within Tract B. Wes Warren Subdivision, Plat 75-107 KRD, Section 29, T7N, R11W, S.M. Alaska." "A petition to vacate Portion of Ten Foot Utility Easement within Lot 5-B, Block 2, Murwood Estates No. 4, Plat 83-63 KRD, Section 22, T5N, R11W, S.M. Alaska." "Confirmation of New Director for the Maintenance Department." Introduction of Ordinances: Ord. 90-43: Amending Title 20 of the Borough Code of Ordinances to clarify definition and 8 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING JUNE 5, 1990 use of easements shown on subdivision plats (HEARING DATE SET FOR 6/ 19 ) Ord. 90-45 Appropriating $655,000 to the Land Trust Fund for the fire hazard reduction activity ( HEARING DATE SET FOR 6/ 19 ) Unnamed Res: Commending Kim Moock for her performance at the Alaska State Track and Field Championship held May 25 and 26, 1990 at Palmer, Alaska. Unnamed Res: Commending Beth Ladd for her performance at the Alaska State Track and Field Championship held May 25 and 26, 1990 at Palmer, Alaska. Ordinance Hearings: Ord. 90-33 to be moved under consideration of resolutions. Ord. 90-34 to be moved under introduction of ordinances. Ord. 90-29, Ord, 90-42, Ord. 90-44 to be included in the agenda. Consideration of Resolutions 90-53 (to be moved to last item of business), Res. 90-57 to be moved to first item of business), following in order with Res. 90-61, Res. 90-58, Res. 90-59, Ord. 90-33 and Res. 90-53. Committee Reports: Mr. Sewall reported that the Finance Committee recommended a "Do Pass" on Res. 90-54, Res, 90-55, Res. 90-56 and also Ord. for Introduction 90-45 with a shortened hearing date of June 19. Mr. Brown reported that the Local Affairs/Lands Committee recommended Res. 90-54, Ord. 90-43, Ord, 90-45. No public comment was offered. There were no objections and the Consent Agenda and meeting agenda for June 5th were approved with changes as follows: Unnamed Resolution 1: Commending Kim Moock for her performance at the Alaska State Track and Field Championships held May 2 5th through 2 6th , 1990 at Palmer, Alaska WHEREAS, the State of Alaska Track and Field Championships were held in Palmer on May 25th through 26th, 1990 at Palmer, Alaska and; E KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING JUNE 5, 1990 WHEREAS, Kim Moock, a Junior at Soldotna High School won the Girl's Discus Competition and the state title in this event and also came in second in the Girl's Shot Competition at the state championships and; WHEREAS, Ms. Moock also achieved season and personal bests in both events; NOW THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That the Assembly commends Kim Moock, a student at Soldotna High School, for her outstanding performance at the State Track and Field. Championships on May 25th through 26th, 1990, The Borough Clerk shall forward a copy of this resolution to Ms. Moock, her parents, the principal of Soldotna High School, the Kenai Peninsula Borough School District and the media. Section 2. That this resolution shall take effect immediately upon its adoption. Unnamed Resolution 2: Commending Beth Ladd for her performance at the Alaska State Track and Field Championships held May 25th through 26th, 1990 at Palmer, Alaska WHEREAS, the State of Alaska Track and Field Championships were held in Palmer on May 25th through 26th, 1990 at Palmer, Alaska and; WHEREAS, Beth Ladd, a Junior at Homer High School won the 800, 1600 and 3200 meter runs at the championships, thereby becoming the second of only 2 female runners in Alaska Prep Track and Field history to wind all three events in one state meet and, WHEREAS, Ms. Ladd was voted Alaska Female Prep Trackster of the year by the Alaska State Track Coaches Association after her performance at the championship; NOW THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That the Assembly commends Beth Ladd, a student at Homer High School, for her outstanding accomplishments at the State Track and Field Championships on May 25th through 26th, 1990. The Borough Clerk shall forward a copy of this resolution to Ms. Ladd, her parents, the principal of Homer High School, the Kenai Peninsula Borough School District and the media. Section 2. That this resolution shall take effect 10 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING JUNE 5, 1990 immediately upon its adoption. R. ORDINANCE HERRINGS (a) Ord. 90-34 "Providing for the Revision of the Ordinances and Borough Code Sections for Technical, Style, Grammar and Reference Corrections by the Clerk" (Policies & Procedures Committee) ASSEMBLYMEMBER NASH MOVED FOR THE ENACTMENT OF ORD. 90-34. Policies and Procedures Committee: (Chm. Nash, Walli, Skogstad, Glick) Mr. Nash reported that this ordinance was introduced by the Borough Attorney for the purpose of giving the clerk the authority of correcting clerical error, without changing the meaning, without having to return the ordinance for an amendment. No public comment was made. Mr. Skogstad commended the committee and asked for unanimous consent. Mr. Sewall voiced some concern over giving the clerk the authority to change ordinances to conform to state statutes. Mr. Nash corrected this impression by explaining that corrections would only be related.to clerical not substantive matters. ORDINANCE 90-34 WAS ADOPTED BY UNANIMOUS CONSENT, L. INTRODUCTION OF ORDINANCES ( a) Ord. 9 0-2 9 "Revising and Recodi fying Ordinances Regarding the Borough Assembly and its Procedures and Creating a New Legislative Section in the Borough Code" (Policies & Procedures Committee) ASSEMBLYMEMBER NASH MOVED TO SET PUBLIC HEARING ON ORD. 90-29 FOR JUNE 5 WITH ASSEMBLY COMMENT AT JUNE 19 AND PUBLIC HEARING ON JULY 17. Mr. Nash noted that the "middle date" was to specifically identify a place on the agenda during assembly comments which would be designed so that it would not waste time of the assembly or the public during a regular legislative session, but would give the assembly an opportunity to comment on sections that they want the committee to look at before the actual public hearing. Committee Report: Chm. Nash reported that the primary thrust of this ordinance is to put things into some sequence so that matters dealing with assembly members are in one place and the administration of assembly matters are in another so that 11 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING JUNE 5, 1990 legislative history would be maintained. No public comment was given Mr. Brown requested unanimous consent on the setting for hearing of Ord. 90-29. THE MOTION WAS APPROVED BY UNANIMOUS CONSENT. (b) Ord. 90-42 "Amending the Kenai Peninsula Borough Sales Tax Code to Exempt Food Sales by Nonprofit Recreational Camps" (Glick) ( HEARING SET FOR 6/ 19 ) ASSEMBLYMEMBER G LI CK MOVED TO SET THE HEARING FOR ORD . 9 0 - 4 2 FOR JUNE 19. Committee Reports: Finance Committee Mr. Sewall reported that the Finance Committee unanimously recommended the setting for hearing. No public comment was offered. Ms. Glick reported that this ordinance has been proposed in order to "cover the bases" for the camps already scheduled for this summer. THE MOTION WAS APPROVED BY UNANIMOUS CONSENT. (c) Ord. 90-44 "Authorizing the Sale of Borough Lands Located on the West Side of Cook Inlet to Marathon Oil Company for the Purpose of Establishing a Drilling Mud Disposal Site" (Mayor) (HEARING SET FOR 6/19 ) ASSEMBLYMEMBER NASH MOVED THAT ORD. 90-44 BE SET FOR HEARING ON JUNE 19, 1990. Committee Report: Local Affairs/Land Chm. Brown reported that the committee unanimously recommended the setting for hearing No public comment was offered. THE MOTION WAS APPROVED BY UNANIMOUS CONSENT, L. CONSIDERATION OF RESOLUTIONS ( a) Res, 9 0-57 "Transferring Surplus Funds from the Susan B. English Gym Floor Replacement Project to the Chapman Elementary School Paving Project and Awarding a Contract for Paving. (Mayor) ASSEMBLYMEMBER SEWALL MOVED FOR THE ENACTMENT OF RES. 90-57. 12 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING JUNE 5, 1990 Committee Reports: Finance Committee, Public Works Committee Chm. Sewall reported that the Finance Committee had a split 2 to 2 vote and therefore no recommendation. Chm. McLane reported that the Public Works Committee had no objections to passage. No public comment was offered. Mr. Sewall voiced an objection to the amount of money as being more than double of the original estimate. His opinion was to delay this project due to what appeared to him to be intentionally inflated prices. Ms. Moock made the clarification that the size and scope of the work that was originally estimated was not sufficient. Upon request for clarification by Ms. Moock, Mayor Gilman reported that he had been on the site of the project and realized that the original estimate of $27,000 did not take into consideration the need for excavation. Estimates were requested from 2 other independent contractors for comparison purposes. One did not report and the other came in at $103,000, almost double what they thought it would be but, substantially less than that of the RFP. RESOLUTION 90-57 WAS APPROVED BY UNANIMOUS CONSENT. (b) Res. 90-61 "Authorizing the Mayor to Enter Agreements to Provide Gravel and Fill Material at no Charge to the State for Reconstruction of the Kal i f ornsky Beach Road Washout" (Mayor) ASSEMBLYMEMBER GLICK MOVED FOR THE ADOPTION OF RES. 90-61. Committee Reports: Local Affairs/Lands, Public Works Committee Chm. Brown reported that the recommendation of the Local Affairs/Land Committee was to removed this resolution from the consent agenda as they had several questions. Chm. McLane reported that the Public Works Committee had some questions also. No public comment was offered. Mr. Nash questioned if the assembly has the authority in our Land Use Ordinances to give gravel away. Mr. Boedecker reported that the assembly does have the authority to do this and would not violate any existing ordinances and could be done through resolutions. Mr. Sewall referred to a memo from Mr. Taurianen regarding the use of the excavated pit for flood control,, 13 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING JUNE 5, 1990 Mr. McLane spoke to the issue of our liability and was not in favor of the resolution. Ms. Walli expressed concern over erosion from the removal of gravel. Mr. Nash questioned if postponement would be appropriate at this time. Mayor Gilman reported that the state is anxious to get on with the repair of K-Beach Road and if this source of gravel is not used the money for purchase of gravel will come off of the Spur Highway Maintenance funds. AS S EMBLYMEMBER NASH MADE A MOTION THAT THE RESOLUTION BE AMENDED TO READ AS FOLLOWS: Section 1. "The Mayor may allow the State of Alaska to extract gravel or other fill material from Borough lands as necessary for the State's use in the reconstruction of the washed out area of the Kalifornsky Beach Road. There shall be no charge for the material removed. The Mayor shall condition such permission upon proper contouring and sloping techniques on completion of the activity and reseeding to stabilize the soils in the area of the removal, [establish suitable visible buffer] and such conditions as he deems in the best interest of the Borough. The authority to grant permission is restricted to the: SE1/4, SE1/4, Section 31, T5N, R11W, S.M., Alaska, lying easterly of Kalifornsky Beach Road right-of-way. THE AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT. Mr. Superman spoke against the Res. 90-61(SBST). He expressed a concern as regards the liability of the borough and erosion problems. RES. 90-61(SBST) WAS DEFEATED BY A VOTE OF 5 YES TO 9 NO. Yes: Sewall, Hodgins, Moock, Crawford, Nash No: Atkinson, Glick, Skogstad, Mullen, Keene, Walli, Brown, Superman, McLane Absent: O'Connell (c) Res. 90-58 "Authorizing Use of the Ladd Landing Barge Site to the Bureau of Indian Affairs" (Mayor) ASSEMBLYMEMBER GLICK MOVED FOR THE ADOPTION OF RES. 90-58. Committee Reports: Local Affairs/Land Committee Chm. Brown reported that the committee had a unanimous "Do Pass". 14 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING DUNE 5, 1990 No public comment was offered. RES. 90-58 WAS APPROVED BY UNANIMOUS CONSENT. (d) Res. 90-59 "Providing for Executive and Administrative Salary Maximums for Borough Staff Exempt from Collective Bargaining" ASSEMBLYMEMBER NASH MOVED FOR THE ADOPTION OF RES. 90-59. Committee Reports: Finance Committee Chm. Sewall reported that the committee recommended a unanimous "Do Pass" and noted that there was an Amendment to the Maintenance Director's salary from $58,140 to $60, 278. This correction was due to an error. No public comment was offered. MR. SEWALL MOVED TO AMEND THE FIGURE FOR THE DIRECTOR OF MAINTENANCE SALARY FROM $58,140 TO $60,278. THE MOTION FOR AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT. RES. 90-59(SBST) WAS APPROVED BY UNANIMOUS CONSENT. (e) Ord. 9 0-3 3 "Appropriating Funds for Fiscal Year 1990-1991" ASSEMBLYMEMBER GLICK MOVED FOR THE ADOPTION OF ORD. 90-33. Committee Reports: None Public hearing was opened. Mr. Bob Pennington, Soldotna, requested that the job classifications be left as they were prior to the reclassification or there be a committee designated to investigate the reclassification study for the following reasons: The individual contracted to do the study made several remarks that were biased and discriminatory against 2 of the trades before he had started their section of the study, Also one of the reclassification committee members made some derogatory remarks to the effect that the Maintenance Department had finally gotten what they deserved. Mr. Pennington requested that a committee be designated to check into the possibility of filing a lawsuit against the contractor for the amount of the fee charged due to the unprofessional and discriminatory methods used in conducting the study. Mr. Brown questioned Mr. Pennington as to the number of people impacted by this study. 15 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING JUNE 5, 1990 Mr. Pennington replied that the number of people impacted was approximately 40 and the number of people who witnessed was approximately 20. Mr. Christopher Gates, commented on items on Page 93 of the budget concerning the EDD Budget and the Tourism Promotion funds. He requested full support from the assembly as regards these items. Mr. Nash reminded Mr. Gates that no funds would be issued until projects were presented to and approved by the assembly. Ms. Pat Porter, Director of Senior Citizens Center,Kenai, thanked Mayor Gilman for the increase in the funding for the Senior Citizens budget. She detailed increases in enrollment and requested any support possible. Ms. Moock questioned Ms. Porter as to the services offered to transient senior citizens. Ms. Porter replied that since we receive federal funds for meals we are required to serve anyone over the age of 65. Gary Thomas, Vice Chairman of the South Peninsula Hospital Service Area Board, reported on some of the changes and progress in the service area. He requested support of their proposed budget noting that the amount requested was less than last years. Bob Williams, President of Kenai Bi-centennial and Tourism, requested support in the area of the Tourism Promotion budget. Mr. Williams reported on some tourism statistics in different parts of our state as well as budget and tourism statistics from California. He pointed out the critical need for advertising and that tourism is going to be an important part of future tax revenues. Mr. Nash had some questions regarding tourism saturation which Mr. Williams responded to. Doug Coughenhower, Kenai Peninsula Chapter of the Alaska Visitor Association President, Homer, also requested support of the visitor industry in the way of funds to carry through on promotions. He reported some statistics regarding the relatively small number of in state as well as "outside" visitors coming to the Kenai Peninsula due to lack of knowledge about the peninsula. Kathy Clark, Executive Director Soldotna Chamber of Commerce, Soldotna, stated that we need an aggressive and on -going marketing program to identify the Kenai Peninsula as an important tourist area. The ordinance will benefit the whole peninsula and she requested full support. Kathy Scott, Kenai, spoke as a appointed representative of the peninsula on the statewide Alaska Tourism Marketing Council. She gave some facts about the Council and her involvement with it and also the lack of knowledge as regards the Kenai Peninsula as a visitor destination among The Society of American Travel Writers. 16 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING JUNE 51 1990 She suggested full funding for the year. Doug Nightengale, Kenai Peninsula Borough Association President, Kenai, commented on the Reclassification Study. He stated that the official position of the Association is neutral. He said that although there may have been flaws in the study, a lot of the issues that needed to be addressed were addressed. He stated that some members of the Association have circumvented the Administration processes available to deal with these kinds of problems and have come directly to the assembly. Mr. Nash asked what problems have been identified. Mr. Nightengale responded that "the general classifications of maintenance workers seems to be low." Mr. Sewall paraphrased a letter sent to the Association members regarding admitted growth inequities that needed to be reviewed. Mr. Nightengale responded that all of the inequities could not be addressed through contract negotiations. A "growth restructuring" system was needed. Mr. Keene asked questions as to the grievance process and Mr. Nightengale responded with details. Mr. Superman questioned Mr. Nightengale as to when he was apprised of possible biases that Mr. Nash may have entered into the contract with and also what process workers could use to protest downgrades. Mr. Nightengale responded that he saw printed material with point accumulations and point downgrades formulated by Mr. Nash and then went into a long discourse on the protest processes. Barbara Wilcox, Borough Auditor, Liaison between Dr. Nash and Borough Personnel,Soldotna, detailed the appeals process as regards and Appeal of Classification. She spoke in support of the Classification Study as an excellent tool. Knowledge and skills, responsibility, mental effort and working conditions are the 4 points that pertain to the classification process. Mr. Nash asked if Ms. Wilcox has heard comments regarding biases by Dr. Nash as regards age, sex or skill. Ms. Wilcox responded that they had not received any paperwork stating such complaints. Mr. Nash expressed concern that the blue collar workers may have had some trouble with the written job descriptions. Ms. Wilcox stated that they had personal interviews. Mr. Nash questioned Mr. Campbell as to how closely the written description of the workers paralleled the job descriptions that were brought to the assembly members. Ms. Glick questioned whether it was a joint effort. 17 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING JUNE 5. 1990 (Extended discussion continued at this point. Tapes available upon request.) Public hearing was closed. Mr. Hodgins requested that the budget be gone through order by order making changes as needed in Ord. 90-33, Mr. Hodgins made a clarification regarding public testimony as to the expenditure of budget monies. Any funds have to come back to the assembly to be spent. Mr. Brown noted the lateness of the hour and requested the President to call a special hearing. ASSEMBLYMEMBER MOOCK MADE A MOTION TO ADJOURN THE MEETING. President Skogstad made a statement that if they did adjourn the intention was to hold a special meeting next Tuesday, June 12, 1990, at 7:30 to take up the remainder of the agenda, which is the budget and mill levy, Ord. 90-33 and Res. 90-59. There was a request for unanimous consent. An objection was voiced. THE MOTION TO ADJOURN WAS APPROVED WITH A VOTE OF 4 NO TO 11 YES. Yes: Sewall, Glick, Skogstad, Mullen, Brown, Keene, Nash, Hodgins, Moock, Walli, McLane No: Atkinson, O'Connell, Crawford, Superman P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Bob Pennington, stated that the Maintenance workers had contacted the Union or the Association in writing to Mr. Dave Kaiser,. Also a called was placed to Mr. Bruce Ludwig, Mr. Kaiser's supervisor, in Juneau with no response other than from Mr. Kaiser that a discrimination grievance could not be done until it was voted on by the assembly and passed. Also the personnel department has been contacted about the discrimination points and there has been no response. He stated that these are the reasons the assembly had been contacted. Mr. Nash questioned Mr. Pennington as to what kinds of discrimination he had seen or heard. Mr. Pennington responded that most of the discrimination seemed to be within the roofing and painting trades by Dr. Nash that were heard by approximately 10 to 20 workers. Mr. Skogstad stated that he was in error and should have allowed public presentations prior to adjournment. Wayne Leitner, Peninsula Sanitation, Soldotna, addressed the issue 18 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING JUNE 5r 1990 of solid waste and made some recommendations and referred to the packet that had been distributed regarding recycling, equipment for viewing in the borough parking lot. He stated that they would welcome suggestions. Public comment was closed. U. NOTICE OF NEXT MEETING AND ADJOURNMENT Mr. Skogstad announced that there would be a Sales Tax Task Force meeting on June 6 at 2 : 00 p . m. - 5 : 00 p.m. Ms. Glick will be Vice - Chair in charge of the meeting. The next meeting will be June 12, 1990 at 7 : 3 0 p.m. in the assembly chambers. The meeting was adjourned. Date approved June 19; 1990 U f Jarg6s W. Skogstad Assembly President ATTEST: Jane A. Surrey, Bairough Cler 19 =fir KENAI PENINSULA -BOROUGH SPECIAL ASSEMBLY MEETING June 12, 1990; 7:30 p.m. Borough Administration Building Soldotna, Alaska - A G E N D A- Page No . A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE' C . ROLL CALL D. ORDINANCE HEARINGS (a.) Ord. 90-33 "Appropriating Funds for Fiscal 1 Year 1990-1991"(Mayor) Continued to June 14, 1990 E. CONSIDERATION OF RESOLUTIONS (a.) Res. 90-53 "Setting the Rate of Levy for Real Continued and Personal Property Taxes for the Kenai to June 14, 1990 Peninsula Borough and for Service Areas Within the Borough for the Tax Year 199011(Mayor) G. OTHER BUSINESS H . NOTICE OF NEXT MEETING AND ADJOURNMENT ( 6/ 19/ 9 0 ) KENAI PENINSULA BOROUGH SPECIAL ASSEMBLY MEETING June 12, 1990; 7:30 p.m. Borough Administration Building Soldotna, Alaska A. CALL TO ORDER The special assembly meeting was called to order at approximately 7:30 p.m. by President lames W. Skogstad, Be PLEDGE OF ALLEGIANCE Co ROLL CALL PRESENT: Assemblymembers Sewall, Poindexter, Hodgins, Moock, McLane, Atkinson, O'Connell, Crawford, Glick, Skogstad, Mullen, Brown, Keene, Nash, Superman, Walli, Mayor Gilman, Finance Director Kinney, Personnel Director Campbell, Deputy Borough Attorney Reeves, Solid Waste Coordinator Mayer, Borough Clerk Sumey EXCUSED: Poindexter D • . ORDINANCE HEARINGS President Skogstad requested that item F. of the Agenda (Ordinance Hearings) be placed prior to item D. ( Consideration of Resolutions) on tonight's agenda. Ord. 90-33 - "Appropriating funds for Fiscal Year 1990- 1991" ASSEMBLYMEMBER GLICK MOVED FOR THE ADOPTION OF ORD. 90-33. President Skogstad noted that there was no approved agenda to place before the Assembly. He suggested that an agenda be approved before the meeting continued. ASSEMBLYMEMBER NASH MOVED THAT RES. 90-53 BE PLACED FOLLOWING 90- 33 ON THE AGENDA. HE MOVED FOR UNANIMOUS CONSENT. THE MOTION WAS APPROVED BY UNANIMOUS CONSENT. President Skogstad opened public hearing. Jack Evans, Soldotna, stated that the person conducting the Reclassification Study was biased and discriminatory towards certain aspects and certain groups of the Maintenance Department, 1 KENAI PENINSULA BOROUGH ASSEMBLY SPECIAL MEETINGIJUNE 12. 1990 Public hearing was closed. He requested that the Assembly look into whether the study was fair and unbiased. Public hearing was closed. ASSEMBLYMEMBER NASH MOVED TO AMEND THE APPROPRIATE DEPARTMENTAL BUDGETS TO INCLUDE THE SALARIES THAT ARE IN RES. 90-59 WITH TWO EXCEPTIONS: 1) THE SPECIAL ASSISTANT TO THE MAYOR BE LIMITED TO THE CLEAN UP FUNDS AND THE PRESENT INCUMBENT ONLY, ELIMINATING THE POSITION WHEN THE INCUMBENT VACATES THE POSITION; 2) THE ADMINISTRATIVE ASSISTANT TO THE MAYOR BE APPROVED FOR THE PRESENT INCUMBENT ONLY AND THAT THE POSITION BE MODIFIED TO LEGISLATIVE LIAISON FROM JANUARY 1 OF EACH YEAR TO JUNE 30 OF EACH YEAR WITH THE APPROPRIATE REDUCTION IN COST. President Skogstad questioned Mayor Gilman as to whether there were departmentswhose budgets would not show adequate funding to cover those salaries. Mayor Gilman responded that he had not discussed salary with any executive. He was not in favor of setting salary without knowing whether there was money to cover it. Mr. Mullen asked if this would be a hinderance to administrative management of these positions. Mayor Gilman responded that the individual now in this position would be leaving on August 10. We will have another 45 days in October to close up current activities. His opinion was that we would continue to have involvement in Cook Inlet oil spill program planning for at least the coming year. We don't know at this time if there will, be a necessity for a special assistant staff position. Mr. O'Connell spoke in opposition to the amendment. He did not want to tie the termination of the position with the termination of the individual. THE NASH AMENDMENT WAS DEFEATED BY A VOTE OF 11 NO TO 3 YES. Yes: Brown, Nash and Superman No: Sewall, Hodgins, Moock, McLane, Atkinson, O'Connell, Crawford, Glick, Skogstad, Mullen, Keene, Walli ASSEMBLYMEMBER NASH MADE A MOTION THAT THE PRESIDENT ESTABLISH A JOB CLASSIFICATION CONTRACT DISCRIMINATION REVIEW COMMITTEE TO HOLD HEARINGS FOR THE EXPRESS PURPOSE OF DETERMINING WHETHER THERE WAS AN APPEARANCE OF BIAS OR DISCRIMINATION ON THE BASIS OF AGE, SEX OR OCCUPATION BY REPRESENTATIVES OF NASH AND COMPANY IN THE CONDUCT OF THE CLASSIFICATION STUDY AND TO REPORT THEIR FINDINGS TO THIS BODY BY THE FIRST MEETING IN AUGUST WITH THE PRESIDENT HAVING THE ABILITY TO APPOINT MEMBERS OF THE PUBLIC OR OTHER NON -ASSEMBLY MEMBERS, AS HE CHOOSES. Mr. Hodgins spoke against the motion due to the fact that the appropriate grievance process had not been followed. K KENAI PENINSULA BOROUGH ASSEMBLY SPECIAL MEETING, JUNE 12, 1990 Mr. Nash responded that his motion did not have to do with the contract of the employees or their grievance procedures as to whether or not the end result was right or wrong. His concern was with the manner in which the contracted study itself was executed. Ms. Moock called for a point of order to determine whether or not the motion was actually germane to the budget. Mr. Skogstad stated that the determination would be made by whether or not Mr. Nash's motion supports the reclassification study as a whole as part of this budget. Mr. Nash volunteered to withhold his motion for amendment until Section 8 is on the floor for discussion. Mr. O'Connell question the reason for the differences in budget placed before them tonight, specifically the budget deficit figure. Mayor Gilman pointed out that most of the reason for that was due to the fact that the Legislature had not made their final determinations as to funding'at the time. Assembly Budget, page 15�: ASSEMBLYMEMBER MOOCK MADE A MOTION TO AMEND THE ASSEMBLY BUDGET FIGURE FOR ACCOUNT NO, 43216, TRAVEL IN STATE, TO A NEW NUMBER $6,666, WHICH WOULD REMOVE THE FUNDING FOR MUNICIPAL LEAGUE, LEGISLATIVE COMMITTEE TRAVEL AND RDC TRAVEL; ACCOUNT NO* 43920 DUES AND SUBSCRIPTIONS, $425; REDUCE ACCOUNT NO. 49999, CONTINGENCY ACCOUNT, TO $ 3: 5 , 000 MAKING AN NEW- TOTAL P-09 , THE BUDGET OF $321, 095 ASSEMBLYMEMBER MULLEN MADE A MOTION TO AMEND THE ASSEMBLY BUDGET FIGURE FOR ACCOUNT NO. 43920, DUES AND SUBSCRIPTIONS, TO A NEW FIGURE OF $28,300, (The changes brought by reducing RDC dues by $5,500 and the Kenai Caucus dues by $31000.) ASSEMBLYMEMBER SUPERMAN MADE A MOTION TO AMEND THE ASSEMBLY BUDGET FIGURE FOR ACCOUNT NO. 43920, DUES AND SUBSCRIPTIONS, TO A NEW FIGURE OF $4,900 (The changes brought by reducing the AML and the RDC dues) AND INCREASING ACCOUNT NO, 49999, CONTINGENCY ACCOUNT TO $76,0000 ASSEMBLYMEMBER ATKINSON MADE A MOTION TO AMEND THE ASSEMBLY BUDGET FIGURE FOR ACCOUNT NO. 43920, DUES AND SUBSCRIPTIONS, TO A NEW FIGURE TO $0 AND ALSO ACCOUNT NO, 43215, TRAVEL OUT OF STATE, TO A NEW FIGURE OF $0. ASSEMBLYMEMBER O' CONNELL MADE A MOTION TO REDUCE ACCOUNT NO. 43920, DUES AND SUBSCRIPTIONS, TO A NEW FIGURE OF $31,300.(The changes brought by eliminating the RDC dues of $5,500). Ms. Walli spoke against the reduction of Account No. 43216, Travel in State, by pointing out that the members are the Legislative body in this Borough and should travel 'to Juneau during Legislative Session or for other important reasons. She also spoke in favor of Ms. Mullen's amendment pertaining to Account No, 43920. She spoke 3 KENAI PENINSULA BOROUGH ASSEMBLY SPECIAL MEETING DUNE 12, 1990 in favor of retaining membership in NACO and AML (Account No. 43920, Dues and Subscriptions). Ms. Walli spoke in favor of the increase of $26,000 to Account No, 49999, Contingency Account, Mr. Hodgins spoke against all the amendments to the reduction of Account No, 43216, In State Travel, Mr. McLane joined the Assembly meeting at 8:28 p.m. Mr. Brown agreed with Mr,lahA&-with the exception of the Mullen Amendment, Ms. Glick commented in favor of the Alaska Municipal League and NAC®. Mr. McLane made a general comment on the Assembly Budget pointing out that 60% of our budget comes from state and federal sources. It takes work to maintain that level of funding. THE ATKINSON AMENDMENT WAS DEFEATED BY A VOTE OF 13 NO TO 2 YES. Yes: Atkinson, Superman No: Sewall, Hodgins, Moock, McLane, O'Connell, Crawford, Glick, Skogstad, Mullen, Brown, Keene, Nash, Walli THE MOOCK AMENDMENT WAS DEFEATED BY A VOTE OF 11 NO TO 4 YES. Yes: Moock, Atkinson, Mullen, Superman No: Sewall, Hodgins, McLane, O'Connell, Crawford, Glick, Skogstad, Brown, Keene, Nash, Walli THE SUPERMAN AMENDMENT WAS DEFEATED BY A VOTE OF 12 NO TO 3 YES. Yes: Moock, Atkinson, Superman No: Sewall, Hodgins, McLane, O'Connell, Crawford, Glick, Skogstad, Mullen, Brown, Keene, Nash, Walli THE MULLEN AMENDMENT WAS APPROVED BY A VOTE OF 5 NO TO 10 YES. Yes: Sewall, Moock, Atkinson, O'Connell, Glick, Mullen, Brown, Keene, Superman, Walli No: Hodgins, McLane, Crawford, Skogstad, Nash The passage of the Mullen Amendment made the O'Connell Amendment moot. A new budget amount of $28,300 for Account 43920 was set with the passage of this amendment. Ms. Moock withdrew her proposed amendment on Account No. 43216 and Account 49999, Mr. Atkinson withdrew his proposed amendment. Mr. Superman withdrew his proposed amendment. ASSEMBLYMEMBER ATKINSON PROPOSED AN AMENDMENT TO ACCOUNT NO. 43920 OF $10 0 FOR SPONSORSHIP IN P . A. C . E AND $ 5 0 0 PATRON LEVEL MEMBERSHIP 4 KENAI PENINSULA BOROUGH ASSEMBLY SPECIAL MEETING, JUNE 1211 1990, TO A.C.E. Mr. Nash called for a point of order due to the fact that Account No. 43920 amount has already been established. Mr. McLane pointed out that we had already dealt with those 2 groups by Resolution and Mr. Skogstad stated that the proposed i amendment s moot because of this. Mr. Kinney stated the corrected total Assembly Budget as $393,304, ASSEMBLYMEMBER NASH MADE A MOTION TO STRIKE THE FOLLOWING FROM THE BUDGET DOCUMENT: Department Function 90-91 Objective; "To survey the solid waste options for Kenai Peninsula Borough Landfill and make recommendations to administration on solid waste direction." Unanimous consent was called for. An objection was entered. Mr. Atkinson spoke against the amendment. Mr. McLane spoke against the amendment."; THE NASH AMENDMENT WAS DEFEATED BY A VOTE OF 11 NO TO 4 YES. Yes: Brown, Keene, Nash, Superman No: Sewall, Hodgins, Moock, McLane, Atkinson, O'Connell, Crawford, Glick, Skogstad, Mullen, Walli President Skogstad suggested leaving the option open to come back with possible new wording of the 90-91 Objectives. Mayor's Administration & Data Processing,, Page 33 & 3,5: Mr. McLane questioned the Administrative Assistant Position as to the nature of duties. Mayor Gilman responded there would essentially be no change. Mr. Nash stated that the written position description did not put enough emphasis on the duty of lobbying if the Mayor's description is consistent with what the new position will be. Mr. McLane asked if the body could make amendments to the job description book. President Skogstad responded in the affirmative. ASSEMBLYMEMBER BROWN MADE A MOTION THAT THE AMOUNT IN ACCOUNT NUMBER 43011, CONTRACT SERVICES, BE REDUCED TO $27,500. THE BROWN AMENDMENT WAS DEFEATED BY A VOTE OF 2 YES TO 13 NO. 5 KENAI PENINSULA BOROUGH ASSEMBLY SPECIAL MEETING, JUNE 12. 1990 Yes: Brown, Superman No: Sewall, Hodgins, Moock, McLane, Atkinson, O'Connell, Crawford, Glick, Skogstad, Mullen, Keene, Nash, Walli There was some discussion as to whether raising the Mayor's salary by passing the budget was appropriate as there is an ordinance on the books that suggests the intent that the Mayor's salary may only be adjusted at the time of election. Legal, page 45: ASSEMBLYMEMBER WALLI MOVED TO AMEND THE PHRASE "MILITARY TECHNOLOGY" TO "CIVIL, DEFENSE MATTERS". THE WALLI AMENDMENT PASSED BY UNANIMOUS CONSENT. Finance Administration, -page 47: No amendments Sales Tax -,Audit Division, page 57: ASSEMBLYMEMBER NASH MOVED TO AMEND TO INCREASE ACCOUNT 43011, CONTRACT SERVICES, FROM $0 TO $240,000, MR. BROWN MOVED TO AMEND TO INCREASE ACCOUNT 43011, CONTRACT SERVICES, FROM $0 TO $60,000. Ms. Moock stated that although she was not against this plan, she thought it was premature to try to implement this plan in this budget. Mr. Sewall spoke in favor of the Brown Amendment, Mr. Superman spoke in favor of the Brown Amendment with the intent to pursue only sales tax accounts. Ms. Glick spoke against both of the amendments until we have a better chance to hear from the Finance Committee as well as the Sales Tax Task Force. THE BROWN AMENDMENT WAS DEFEATED BY A VOTE OF 4 YES TO 10 NO. Yes: Atkinson, Nash, Brown, Superman No: Hodgins, Moock, McLane, O'Connell, Crawford, Glick, Skogstad, Mullen, Keene, Walli THE NASH AMENDMENT WAS DEFEATED BY A VOTE OF 1 YES TO 14 NO. Yes: Nash No: Sewall, Hodgins, Moock, McLane, Atkinson, O'Connell, Crawford, Glick, Skogstad, Mullen, Brown, Keene, Nash, Superman, Walli Mr. McLane questioned, on Page 47, where the regular wage had increased to $18 3 6 and the PERS had increased to $ 4 7 21, the reason C1 KENAI PENINSULA BOROUGH ASSEMBLY SPECIAL MEETING, JUNE 12AP 1990 for such a large increase in the PERS portion. Mr. Kinney stated that there was a 30% increase in the employer's contribution this year. Assessing, page 59: ASSEMBLYMEMBER NASH MOVED TO -AMEND BY ADDING ONE ASSESSOR, AT THE APPRAISER ONE LEVEL, AT AN INCREASE OF $54,095. Ms. Walli requested clarification as to how many total positions this meant. The response was two. Mr. McLane spoke against the amendment. THE NASH AMENDMENT WAS DEFEATED BY A VOTE OF 3 YES TO 12 NO. Yes: Brown, Nash, Walli No: Sewall, Hodgins, Moock, McLane, Atkinson, O'Connell, Crawford, Glick, Skogstad, Mullen, Keene, Superman President Skogstad called for a 10 minute recess. Resource Planning & Land Management Administration ASSEMBLYMEMBER NASH MOVED TO AMEND TO INCREASE ACCOUNT 43011, CONTRACT SERVICES, $20,000 FOR AERIAL PHOTOGRAPHY ON THE WEST SIDE OF COOK INLET Mr. McLane questioned whether we have sufficient staff to accommodate this project. He spoke in support of the amendment. ASSEMBLYMEMBER GLICK MOVED TO AMEND TO INCREASE ACCOUNT 43011, Contract Services, $50,000 TO PROVIDE FOR A LAND MANAGER CONTRACT PERSON TO DEVELOP A LAND MANAGEMENT ORDINANCE. Mr. Sewall spoke against both amendments. He felt that the positions needed to be considered more carefully. President Skogstad spoke in favor of the Glick Amendment. Ms. Walli spoke in favor of both amendments. THE NASH AMENDMENT WAS APPROVED BY A VOTE OF 6 NO TO 9 YES. Yes: Hodgins, McLane, Glick, Skogstad, Brown, Keene, Nash, Superman, Walli No: Sewall, Moock, Atkinson, O'Connell, Crawford, Mullen Mr. Atkinson called for a point of order regarding changing a line number that had already been set. Mr. Skogstad ruled that it was in order to take up the Glick Amendment. 7 KENAI PENINSULA BOROUGH ASSEMBLY SPECIAL MEETING, JUNE 12, 1990 Mr. Atkinson challenged the rule of the chair, THE CHALLENGE OF THE CHAIR WAS DEFEATED BY A VOTE OF 1 YES TO 14 NO. Yes: Atkinson No: Sewall, Hodgins, Moock, McLane, O'Connell, Crawford, Glick, Skogstad, Mullen, Brown, Keene, Nash, Superman, Walli THE GLICK AMENDMENT WAS DEFEATED BY A VOTE OF 9 NO TO 5 YES WITH ONE ABSTENTION, Mr. Atkinson called for a point of order. President Skogstad denied the call, Mr. Atkinson left the Assembly Chambers., Yes: Glick, Skogstad, Mullen, Nash, Walli No: Sewall, Hodgins,. Moock, McLane, O'Connell, Crawford, Brown,. Keene, Superman Abstain: Atkinson Ms. Walli asked for clarification in regards to job description as well as staff titles, on page 62 under "Explanation", as to the difference between Environmental Technician and Environmental Coordinator. Mr. Campbell responded that the old job title was Environmental Technician, the new title is Environmental Coordinator. Public Works page 67: Mr. Nash questioned the current status of the roof that failed on the Poppy Lane facility, Mayor Gilman responded that there is currently an RFP out for design for that facility and then it will be bid for construction, Mr. Kinney stated that the money for construction will come from the Risk Management Fund unless in excess of the insurance amount required to replace it back to the standard that it was before it collapsed. Solid Waste ,page 71: ASSEMBLYMAN SUPERMAN MOVED TO AMEND ACCOUNT 43763, REFUSE HAULING, TO REDUCE THE FIGURE TO $775, 960. (Reduction of $130, 00 which would be the cost of the 6 additional transfer sites.) Mr. Nash clarified the intent of the amendment to be putting in place a transfer box in Kenai and leaving out the rest at other places in the Borough, Ms. Walli questioned if the solid waste budget included the new 8 KENAI PENINSULA BOROUGH ASSEMBLY SPECIAL MEETING, JUNE 12, 1990 bill in the legislature pertaining the RFP for haulers, Mayor Gilman responded that an effective date would be one year from the time the Governor signs the bill. Ms. Walli asked if we were going to get the newer refuse boxes designed to encourage recycling. Mayor Gilman responded that they may not be placed at landfills but there would be some placed strategically around the Borough. Mr. Nash asked if the current amendment would effect the status of the household hazardous waste receptacles. Ms. Mayer responded that the money for that is in the Contract Services Account and the Capital Projects Account, Mr. McLane spoke against the amendment. Mr. Crawford stated that the Borough is only required to provide landfills. He spoke against the amendment, Ms. Walli spoke against the Superman Amendment. ASSEMBLYMEMBER O'CONNELL MOVED TO AMEND ACCOUNT 43763, REFUSE HAULING, TO REDUCE IT TO $500,000. Mr. Brown spoke against the O'Connell Amendment, Mr. Atkinson in favor of the O'Connell Amendment., THE O'CONNELL AMENDMENT WAS DEFEATED BY A VOTE OF 9 NO TO 6 YES. Yes: Sewall, Atkinson, Moock, O'Connell, Mullen, Keene No: Hodgins, McLane, Crawford, Glick, Skogstad, Brown, Nash, Superman, Walli THE SUPERMAN AMENDMENT WAS DEFEATED BY A VOTE OF 9 NO TO 6 YES. Yes: Moock, Atkinson, Glick, Brown, Nash, Superman No: Sewall, Hodgins, McLane, O'Connell, Crawford, Skogstad, Mullen, Keene, Walli ASSEMBLYMEMBER HODGINS MOVED TO AMEND THE 1990-91 OBJECTIVES (Page 70, last sentence) FROM "... CONTINUE STUDIES TO INSURE FEASIBLE AND COST EFFECTIVE WASTE MANAGEMENT." TO READ "...CONTINUE STUDIES TO INSURE FEASIBLE AND COST EFFECTIVE WASTE MANAGEMENT AND THE IMPLEMENTATION OF BOROUGH -WIDE USER FEES." Mr. Hodgins asked for unanimous consent. An objection was entered. Mr. Nash spoke against the amendment. Ms. Walli spoke in favor of the amendment, 7 KENAI PEN NSULA BOROUGH ASSEMBLY SPECIAL MEETING, JUNE 12, 1990 Mr. Keene spoke against the amendment calling it redundant. THE HODGINS AMENDMENT WAS DEFEATED BY A VOTE OF 7 NO TO 8 YES. Yes: Hodgins, Moock, McLane, Atkinson, O'Connell, Glick, Mullen, Walli No: Sewall, Crawford, Skogstad, Brown, Keene, Nash, Superman Maintenance: ASSEMBLYMEMBER NASH MOVED TO ADD TWO PERMANENT CARPENTER POSITIONS AT THE APPROPRIATE RANGE LEVEL. Mr. Brown spoke in favor of the amendment. THE NASH AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT, Mr. Superman requested permission to comment on the Reclassification Study. President Skogstad denied the request due to the lateness of the hour and the number of remaining items to be discussed before the deadline. ASSEMBLYMEMBER CRAWFORD MOVED TO AMEND THE AGENDA TO TAKE UP THE RECLASSIFICATION STUDY AT THIS TIME, Mr. McLane questioned the Personnel Director as to whether the grievance procedures had been exhausted, as regards the reclassification study, at this time. THE CRAWFORD AMENDMENT WAS DEFEATED BY A VOTE OF 13 NO TO 2 YES. Yes: Crawford, Superman No: Sewall, Hodgins, Moock, McLane, Atkinson, O'Connell, Glick, Skogstad, Mullen, Brown, Keene, Nash, Walli ASSEMBLY MEMBER McIANE CALLED FOR THE QUESTION ON ORD, 90-33 AS AMENDED AT THIS POINT. THE McLANE MOTION WAS DEFEATED BY A VOTE OF 9 NO TO 6 YES, Yes: Hodgins, Moock, McLane, Atkinson-, Crawford, Glick No: Sewall, O'Connell, Skogstad, Mullen, Brown, Keene, Nash, Superman, Walli Senior Citizens, page 77: No amendments Non -departmental, page 93: ASSEMBLYMEMBER KEENE MOVED TO AMEND ACCOUNT 43011, CONTRACT SERVICES, TO REDUCE IT $234,841. 10 KENAI PENINSULA BOROUGH ASSEMBLY SPECIAL MEETING, DUNE 12, 1990 Mr. Nash requested a Line Item breakdown. Mr, McLane read the following: Visitor Center - $76, 000 Marketing Program - $20,000 Direct Mail - $6,000 Fulfillment - $2,000 Media - $14,000 $46, 000 $30, 000 $32,000 $ 5,000 $ 9,000 $55,000 (Print Advertising, Anchorage) (Domestic) (TV, Anchorage & Fairbanks) (Radio, Anchorage & Fairbanks Tok ) (Public Relations) (Trade Shows & Memberships) (Program Coordination Administration) $295,000 TOTAL ASSEMBLYMEMBER NASH MOVED TO AMEND ACCOUNT 43011, CONTRACT SERVICES, TO REDUCE IT TO $354,841. ASSEMBLYMEMBER KEENE MOVED TO AMEND ACCOUNT 43011, CONTRACT SERVICES, TO INCREASE IT TO $8291841. ASSEMBLYMEMBER SEWALL MOVED TO AMEND ACCOUNT 43011, CONTRACT SERVICES, TO INCREASE IT TO $334,841. ASSEMBLYMEMBER SUPERMAN MOVED TO AMEND ACCOUNT 43011, CONTRACT SERVICES, TO REDUCE IT TO $209,841. ASSEMBLYMEMBER MOOCK MOVED TO AMEND ACCOUNT 43011, CONTRACT SERVICES, TO REDUCE IT TO $434,841, DUE TO QUESTIONS BY THE ADMINISTRATION, THE FOLLOWING IS A VERBATIM TRANSCRIPTION OF THE COMMENTS OFFERED BY ASSEMBLY MEMBERS. Mr. S First of all, my first reason for deducting the $295,0001 I think, is obvious.. That was the amount that is arbitrarily being budgeted for some entity out there or program that we don't really know what it is yet, but it's going to be tourism. I'm not in favor of that. However, if that should go into effect then I would like to see $300,000 added into that to go to Fishery Enhancement on the Peninsula, such as to Cook Inlet Aquaculture Association or something like that in order to promote fishing on the-- commercial fishing or even sports fishing. And if that went I think we ought to take and add another $ 3 0 0 , 0 0 0 to the oil companies so that we can enhance their image on the Peninsula. And I could go on and on but it's a little tongue in cheek here type thing but I think the thing I was trying to get across is that we don't need to promote tourism. Tourism will promote itself. Let the private sector do it and be done with it. Mr. Brown: I believe I'm going to support both, either one, the 11 KENAI PENINSULA BOROUGH ASSEMBLY SPECIAL MEETING, JUNE 124 1990 Nash or Sewall amendment but I just wanted to clarify it with both of those gentleman. Was both of your intention to fully fund the Economic Development District and then fund the AVA at either $100,000 or $120,000 respectively. That is the indication I've gotten. Mr. Nash: Yes, my intention was that $295, 000 for tourism program at this particular time when we still don't know what it is they're going to do may be a little much to start with but perhaps $12 0 , 0 00 is better to start with a first year budget for that particular activity. I wasn't intending to touch any of the rest of them. Ms. Walli: I'm going to speak against all the amendments. I feel that in speaking against the first amendment on the Alaska Visitor's Association, I feel that it is imperative that we leave that in. I don't necessarily agree with the dollars as to how they are going to be spent. Like Mr. McLane stated, they are going to come before us and we can deal with them on a one to one basis. But I think it's imperative for us to recognize the fact that we have so much more to offer, I believe and it's my opinion, than Fairbanks and Anchorage. And if you been recently listening and viewing the news on television and listening on the radio you will find that Anchorage housing is busting at the seams and they have really nothing to offer compared to us. We have all sorts of renewable resources in some sports fisheries and scenic and just numerous things and I think it's cost effective for us to encourage people to visit us . And then in the summer trade it gives us a turn over of sales tax dollars that can enhance and will be contributed towards our kids' education. I don't think we should sell ourselves short. Mr. Hodgins: I hate to be redundant on this but I want to make everybody understand that this portion of the money that would go- -that has been designated for the regional tourism will not be spent with this document. That the program implementation has to come before this Assembly again. And time and time again we've heard that the AVA is going to get it or somebody is going to get it and that's ludicrous. The way that this is set up is it has to come back before the Assembly before one dime of this regional tourism money can be spent. Ms. Moock: I guess we're speaking generically now or can we speak to any amendment at this time? President Skogstad: You can speak to anything you want. Ms. Moock: That's really exciting. I guess I'll speak to my amendment. My intent was to reduce the AVA appropriation-- Well, it's listed as AVA-- by $95, 000 which was close to a third. I think that we need to keep in mind what's happened here within the last two weeks on the Peninsula. And that is with the closing of the Kenai River to king salmon with the exception of catch and release, the implications are rather broad and I think that many segments of the tourist industry on the Peninsula are already feeling what exactly that means to this peninsula. I think the implications for next year are even farther reaching in that if you'd already booked 12 KENAI PENINSULA BOROUGH ASSEMBLY SPECIAL MEETING, DUNE 12, 1990 to come here this year you're probably not going to cancel because you will loose everything you have invested and you might as well come and try one of the other rivers. However, you may think much harder about coming here next year if in fact your destination is Kenai River and Kenai River king. Unfortunately, with the way we have marketed the Peninsula to this point, which is basically no marketing unless you are marketing your own industry, in other words you're a guide or you're a hotel or whatever. We haven't done anything as a group and I think that right now the Mat -Su Valley is so excited about our situation with the Kenai River that they have increased what they're doing as far as promoting fishing for kings in their area and visiting the Mat -Su Valley because I know that I've heard a lot of radio spots and seen a lot of TV spots that I hadn't seen prior to the last two weeks. Maybe coincidental or it may be smart marketing on their part. I think we need to realize that the Peninsula, as a destination, has far more to offer than Kenai River kings. In that a joint effort on our part will, in fact, continue to bring those tourists to the Peninsula not just to Soldotna area for kings but to Seldovia for the things that they offer out there, to Homer, Seward, the rest of the Peninsula as a total destination package, not a single sided package. I think it's very short sighted on this group to think that any individual person can put enough dollars behind marketing to bring the numbers of people that we really need to see here. It just flabbergasts me that people really think that we have, the power as individual business people to advertise to those folks that can come down here and spend the big dollars. I hope that we can be responsible enough to find at least a happy medium here on this dollar amount and boy, we've added a lot of money in. We've added $500,000 dollars in to pick up tourist garbage. I hope we still have the tourists there to spread the garbage. Mr. Keene: Again I would just like to state that I think it's not an appropriate use of public funds to promote an industry, any industry, private industry on the Peninsula. If we're going to do it for one why aren't we going to do it for others. I think it's something that should be done by the private sector and I think that maybe there are a lot of people out there that don't care if there are tourists on the Peninsula. Maybe they'd like it if there wasn't anybody here. Maybe we should spend $400,000 or $300,000 to convince people not to come to the Peninsula. You know that sounds a little far fetched but you know where we're trying to grab as much dollars as we possibly can from every source that we can, I'm sure there are a lot of people out there who would probably entertain that idea as well. I just don't think it's a proper use of public funds to be spending it in that way. Mr. Superman: Yes. I guess I'm going to speak totally against tourism promotion. As I've said before I don't think that it's anything that our local government needs to be involved in. It just seems to me and quite a few people that have contacted me on this, that it's just one more expansion of the powers that emanated from this building and I think somewhere in the back of my head what we're going to do is promote-- is to have possibly another person here within planning. Somebody else's wages we're going to be paying right here in this building. Here again, it's not a subtle 13 KENAI PENINSULA BOROUGH ASSEMBLY SPECIAL MEETING, DUNE 12, 1990 expansion of our government role. Here's a pretty big one. I have asked to delete totally the AVA and the $30,000 within the EDD reflects specifically their - Peninsula promotion, get out of the business all together. That's all I have to say. President Skogstad: Okay. We have a number of amendments on the floor. I will as in the past, start at the lower number and ascend up until we possibly come to an agreement on_ one. These are all out of the same-- within the same budget, dealing with either the Visitor's Tourism Promotion funding or EDD. The first one is the Superman Amendment to amend the figure in 43011 account to $ 2 09 , 8 41 which would eliminate any funding for tourism and reduce the EDD figure amount also. Clerk, please call the roll an the Superman Amendment? THE SUPERMAN AMENDMENT WAS DEFEATED BY A VOTE OF 12 NO TO 3 YES. Yes: Atkinson, Keene, Superman No: Sewall, Hodgins, Moock, McLane, O'Connell, Crawford, Glick, Skogstad, Mullen, Brown, Nash, Walli President Skogstad: Thank you. Next is the Keene Amendment to amend the figure to $234,841 which would fund EDD only. THE KEENE AMENDMENT WAS DEFEATED BY A VOTE OF 11 NO TO 4 YES, Yes: Atkinson, O'Connell, Keene, Superman No: Sewall, Hodgins, Moock, McLane, Crawford, Glick, Skogstad, Mullen, Brown, Nash, Walli President Skogstad: Thank you Madame Clerk. Next amendment is the Sewall Amendment amending the figure to $343,841 which would fund the tourism promotion by $100,000 and leave intact the EDD. Mr. Sewall: $334, Mr. President. $334 I think was the figure. President Skogstad: Oh, I'm sorry. $334,841, Clerk, please call the roll on the Sewall Amendment? THE SEWALL AMENDMENT WAS DEFEATED BY A VOTE OF 7 NO TO 8 YES. Yes: Sewall, Glick, Skogstad, Mullen, Brown, Nash, Atkinson, O'Connell No: Hodgins, Moock, McLane, Crawford, Keene, Superman, Walli President Skogstad: Next we have before us the Nash Amendment which would fund-- which would amend the figure to $ 3 5 4 , 8 41 funding Tourism Promotion by $120,000 and leaving intact the EDD figure. THE NASH AMENDMENT WAS APPROVED BY A VOTE OF 6 NO TO 9 YES, Yes: Sewall, Glick, Skogstad, Mullen, Brown, Nash, Atkinson, O'Connell, Superman No: Hodgins, Moock, McLane, Crawford, Keene, Walli President Skogstad: Thank you Madame Clerk, The Nash Amendment 14 KENAI PENINSULA BOROUGH ASSEMBLY SPECIAL MEETINGI JUNE 12, 1990 passes. We have a figure of $354,841 in Account Code 43011 under Non -departmental budget. Further amendments to the Non -departmental budget? THE TRANSCRIPTION OF VERBATIM COMMENTS WILL DISCONTINUE AT THIS POINT. Mr. McLane requested unanimous consent on Ord. 90-33 as amended. An objection was entered. THE McLANE MOTION WAS DEFEATED BY A VOTE OF 8 YES TO 7 NO. Yes: Sewall, Hodgins, Moock, McLane, Atkinson, Crawford, Glick, Mullen No: O'Connell, Skogstad, Brown, Keene, Nash, Superman, Walli ASSEMBLYMEMBER MOOCK MOVED TO RECESS THE MEETING UNTIL THURSDAY, JUNE 14 AT 7:30 P.M. President Skogstad reminded the body that the Mill Levy needed to be set by Friday, June 15. An objection was entered. THE MOTION TO RECESS WAS APPROVED BY A VOTE OF 11 YES TO 4 NO, Yes: Sewall, Hodgins, Moock, Atkinson, O'Connell, Glick, Skogstad, Mullen, Brown, Keene, Nash No: McLane, Crawford, Superman, Walli The meeting was recessed at approximately 12:16 A.M. Date approved July 17, 1990 151 J es W. Skogstad, Assembly President A�MEST: a t A. S ey, orough C1 15 KENAI PENINSULA BOROUGH SPECIAL ASSEMBLY MEETING June 14, 1990; 7:30 p.m. Borough Administration Building Soldotna, Alaska - A G E N D A- A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. ORDINANCE HEARINGS (a) Ord. 90-33 "Appropriating Funds for Fiscal Year 1990-1991" (Mayor) E. CONSIDERATION OF RESOLUTIONS (a) Res. 90-53 "Setting the Rate of Levy for Real and Personal Property Taxes for the Kenai Peninsula Borough and for Service Areas Within the Borough for the Tax Year ' 19 9 0 " (Mayor) F. OTHER BUSINESS G. NOTICE OF NEXT MEETING AND ADJOURNMENT (6/19/90) Page No. 1 Enacted as Amended 12 Adopted KENAI PENINSULA BOROUGH SPECIAL ASSEMBLY MEETING MINUTES Borough Administration Building Soldotna, Alaska June 14, 1990 A. CALL TO ORDER President Skogstad reconvened the Assembly meeting of June 121 1990 agenda at approximately 7:36 P.M. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Present: Assemblymembers Atkinson, Brown, Crawford, Glick, Hodgins, McLane, Moock, Nash, Sewall, Skogstad, Superman, and Walli Absent: Keene, Mullen, and Poindexter D. ORDINANCE HEARINGS (a) Ord. 90-33 "Appropriating Funds for Fiscal Year 1990- 1991" (Mayor) Pres. Skogstad reopened the public hearing on Ord. 90-33 begin- ning with the last amendment which was to the Non -Departmental section dealing with tourism promotion. The next item is Service, Areas, Pres. Skogstad called for all amendments to be considered on this subject, there were none. Pres. Skogstad noted that this is the end of the department segment of the budget. NOTE: Due to the nature of the material, the following sections are nearly verbatim. Assemblymember Nash .asked for clarification of Section 2 of the Land Trust portion on page 2 of the handout, the $855,676 that are designated for the GIS. Mayor Gilman answered that there are two sections that are not connected to land management. Last fiscal year land management was one budget, however, when this budget was drafted there was a proposal from the Planning Direc- tor that took the GIS portion of the current land management budget and separated it out to clarify costs and the recommenda- tion from the Planning Department was that it become a General Fund expenditure as opposed to a Land Trust expenditure. This is due to some of the things that can be done by GIS system are not specifically land management functions. What you see here is a carry-over of the costs for GIS as we are now doing it. The Kenai Peninsula Borough Minutes of Sr)ecial Meeting, June IL 1990 Planning Director stated that by February the Borough will have all of its lands recorded, mapped, and in the GIS system. Mayor Gilman felt that b next ear, a proposal should be Y ,Y Y � p p ready to put the GIS system into the Data Processing department and all departments will share the cost. Mayor Gilman explained that while we are going down in the Land Trust fund, its' not quite $800,000, we are under $1200,000er year. Assemblyman p y yman Nash asked if it left enough to have another soil assessment and survey done. Mayor Gilman assured him that there was enough. ASSEMBLYMAN NASH MOVED THAT THE PRESIDENT ESTABLISH A JOB CLAS- SIFICATION CONTRACT DISCRIMINATION REVIEW COMMITTEE TO HOLD HEAR- INGS FOR THE PURPOSE OF DETERMINING WHETHER THERE WAS THE AP- PEARANCE OF BIAS OR DISCRIMINATION ON THE BASIS OF AGE, SEX, OR OCCUPATION BY REPRESENTATIVES OF NASH AND CO. AND THE CONDUCT OF THE CLASSIFICATION STUDY AND FOR THIS COMMITTEE TO REPORT THEIR FINDINGS TO THIS BODY ON THE FIRST MEETING IN AUGUST WITH THE IN- TENT THAT THE PRESIDENT MAY APPOINT MEMBERS OF THE PUBLIC OR OTHER NON -ASSEMBLY MEMBERS TO THAT COMMITTEE AND THAT THIS BE A NEW SECTION 8 AND RENUMBER THE SECTIONS. Pres . Skogstad asked for clarification if the motion should be a part of this ordinance. Assemblyman Nash felt that it should because Section 8 deals with approving the Kenai Peninsula Borough job descriptions. Assemblyman Nash proposed that Section 8 read, "The 1990/91 budget of the Kenal Peninsula Borough, together with the Kenai Peninsula Borough job descriptions FOR THE NEW POSITIONS CREATED IN THE BUDGET DOCUMENT [as submitted to the Assembly] is incorporated as a part of this ordinance to establish the ap- propriations assigned to the various accounts". Strike the rest of the wording describing the various positions, then add a dif- ferent section, "THAT APPROVAL OF THE KENAI PENINSULA BOROUGH JOB DESCRIPTION AND AUTHORIZATION OTHER THAN FOR FOR NEW OR MODIFIED POSITIONS CREATED BY THIS BUDGET PROCESS ARE TABLED PENDING FURTHER CONSIDERATION EXCEPT FOR POSITIONS DELETED, MODIFIED, OR CREATED BY THIS BUDGET PROCESS, POSITION DESCRIPTIONS IN EFFECT AS OF JUNE 30, 1990 SHALL REMAIN IN EFFECT UNTIL FURTHER CONSIDERATION. NEW OR MODIFIED POSITIONS SHALL BE PAID PURSUANT TO THE PREVIOUS CLASSIFICATION PROCESS PENDING FURTHER CONSIDERA- TION. In effect, this would hold all new classifications until August 1st, retain what exists and until then, a new committee can look at whether the basis of the study itself was free of discrimina- tion. If the basis of the study itself was free of discrimina- tion then we don't have any choice but to go ahead and approve the study. Pres. Skogstad asked for clarification of the motion. Assemblyman Nash restated the motion by stating the motion would create a new section 8, the old section 8 would become the new section 9 and section 10 would freeze all existing job descriptions. 2 Assemblyman Nash referred to the testimony of persons from the employee's organization, from various departments, and others who testified previously regarding the study and asked if the study itself was completed pursuant to the contract. Mr. Campbell answered that it was. Assemblyman Nash asked if the contract was completed by Nash and Company. Mr. Campbell answered that it was. Assemblyman Nash asked if any part of the study that was not done by Nash and Company. Mr. Campbell answered that after the final classifications were completed, he turned it over to the Personnel Department and the review committee went through it to ensure that those who had more local knowledge of the jobs felt comfortable with what he did. After he finished it and turned it over to the committee, they went through it and did some massaging. Assemblyman Nash asked for clarification of "Massaging". Mr. Campbell answered that they went through every single position that was graded and went through all the scores and made sure that we felt comfortable that he was on target. Assemblyman Nash asked if any of those scores or ratings were changed. Mr. Campbell answered that they did, about 15% to 20%. Assemblyman Nash asked what the result of a typical "massaging" would be. Mr. Campbell answered that, using a maintenance position as an example, we felt he didn't give enough credit to working condi- tions due to conditions being more dangerous than he rated them so we increased the points. Assemblyman Nash asked if any points were decreased, Mr. Campbell answered yes, however, the main- tenance positions were no. Those positions all went up. Assemblyman Nash asked if any particular trend was found that comprised the percent that was massaged up. Mr. Campbell answered no. Assemblyman Nash asked if Nash & Co. was paid. Mr. Campbell answered that the total amount of the study was $29,900. The fourth and final payment is being held which is around $ 4 , 000 until the entire study is put in place. Assemblyman Nash asked if it would prejudice our litigation position if Mr. Campbell would identify what would be contingent upon the payment of the remaining money. Mr. Campbell answered that it is payable.upon completion and it is completed upon implementation. Assemblyman Nash asked if any employees were required to travel outside due to the study. Mr. Campbell answered that he went to Los Angeles once due to the fact that at one point it appeared that we might have to present the budget sooner than planned so we needed to wrap it up. Assemblyman Nash asked if Administration is satisfied that the contract was property executed. Mayor Gilman answered that he was satisfied. His role was to bargain with the association in good faith and that was done. Part of that good -faith bargaining was to institute a system for reclassification, and that system was followed. The employees were involved from the beginning. Also part of that bargaining was that the Mayor would present the 3 Kenai Peninsula Borough Minut s of Special Meeting, June 14 1990 study to the Assembly for implementation. It was cha nged, however, because it was recommended that positions be frozen rather than lowering them. If we fully implemented the stud there would be people taking PY a cuts. Y Assemblyman Nash asked if Nash & Co. did everything the said they were going to do in the proposal, Y that P P Mr. . Campbell answered h they did and it was accepted. Assemblyman Brown asked if you were asked by another Borough in the State of Alaska to recommend Nash & Co. for a reclassifica- tiong study would you do so in a positive way. Mr. Campbell answered he would not. That would be b P based more on his per- sonality and people skills rather than the actual system that he has or his skills in rating positions. Assemblyman Brown, regarding his personality, in your opinion, particularly since some employees were affected in a negative way, would that give you the feeling that he was prejudiced in a negative way par- ticularly directed at people in this line of work. Mr. Campbell answered that, while hesitatingto P respond for someone else the answer would have to be yes. Assemblyman Brown asked Mr. Campbell, if in his capacity as Per- sonnel Director, was that a concern. Mr. Campbell answered es. However, at this point Dr. Nash Y P is out of the picture, there is a local committee that has reviewed it once and will review it again and there were no biases in that committee. There will be a maintenance member on the committee when we go through the second review. Assemblyman Brown asked if when the local committee went over what Dr. Nash did, as far as the maintenance department is con- cerned, did the committee concur with him in most cases. Mr. Campbell answered that they concurred with about 60% of the ratings in the maintenance department. ASSEMBLYMAN HODGINS MOVED TO CALL THE PREVIOUS QUESTION. Pres . Skogstad clarified by stating that a yes vote will limit debate on the Nash amendment, a no vote will continue debate. THE MOTION TO CALL THE PREVIOUS QUESTION FAILED ON A VOTE OF 7 NO AND 5 YES* YES: Hodgins, Moock, McLane, Crawford, and Glick NO: Sewall, Atkinson, O'Connell, Skogstad, Brown, Nash, Superman, and Walli Assemblywoman Walli spoke against the amendment as it is very complicated. The budget should go forward and this Assembly could request the Mayor to do a separate job classification and these two could be compared. Assemblyman Nash asked for clarification of the 15% and the 60% . Mr. Campbell answered that the lower percentage was in response to the question regarding all of the positions in the Borough. 4 Kenai Peninsula Borough Minutes of Special Meeting, June 14, 1990 Mr. Brown's question was strictly for the maintenance positions. The 15% is just a guess on how many overall positions were massaged. In the maintenance department we massaged about 30% to 40% . Assemblyman Sewall felt that it may not be within this ordinance that all parts of the Nash amendment should be, particularly the reference of setting up another committee. While sharing concerns about Dr. Nash's study and wanting to know particularly about the prejudicial statements, there is a collective bargain- ing system. Any study is going to make some people happy and some people may not be. Apparently Dr. Nash did have some people skills problem when he came into this, however, putting that into the budget document may not be the right way to do that. Personally, Mr. Sewall felt that sticking to the collective bargaining process was the best way. Assemblyman McLane noted that we do have a ratified employee agreement and was under the impression that there was a grievance procedure contained in that document. This way we wouldn't be doing labor negotiations during an assembly meeting. Mr. McLane felt that the Assembly was the very last spoke in the wheel of the grievance process. Mr. McLane asked if the budget was adopted would the employees have an opportunity, as a result of this study and the implemented classifications, to go through the grievance procedure as defined in the agreement. Mayor Gilman answered yes and further clarified that the Assembly is not in the loop according to the agreement. There is a bind- ing arbitration which is the final resolution of all grievances. If it can't be resolved through the appeal process, it goes to an arbitrator and that arbitrator's decision is binding. Assemblyman McLane spoke against any amendments that will address the study because all avenues in the agreement have been exhausted. Mr. McLane felt that a precedent may be set of ignor- ing the agreement when there is a committee in place to take care of employee negotiations. Assemblyman Nash apologized for not being more explicit when presenting the motion. It was not intended that the Assembly get into the loop of labor negotiations which is why the motion speaks to whether or not the contract with the Borough was complied with by the contractor. An example would be a contract to build a building, we look at whether the building was properly built by that contractor and if the contractor did not, then we as an Assembly make the decision as to whether the Mayor files suit or void the contract. Assemblyman Superman agreed that the Assembly should consider only the study contract and that due to the comments heard the Assembly can conclude that the man who conducted the study did enter with some type of bias. It would probably be appropriate to take a closer look. Over the last few meetings, the Assembly has given raises to nearly every person that works for the Borough, excluding some of the maintenance people. These are trades people and voiced concern that the wrong message will be sent that these people are not worth as much as office workers. 5 Pres. Skogstad asked, for the record, how many workers received raises and how many stayed at the same range, and how many had ranges lowered but salaries frozen. Mr. Campbell answered that upgrades were for 39 job titles, 22 went down and were not all within the maintenance department, and 28 had no change. This makes a total of 50. Assemblyman Sewall noted that while Dr. Nash came with high recommendations it should be considered that people are loath to give poor recommendations, if for no other reason for legal or possibly lawsuit reasons. Given the fact that our administration felt there were some problems and had to massage a lot of the results, has administration discussed rejection of the study and have it redone? Mr. Sewall suggested this, keeping in mind that it will cost quite a bit and the union would have to agree. Mayor Gilman answered that the administration had not approached the union. The "official" position is that they support the study and expect it to be implemented as negotiated. Assemblyman Brown requested a legal answer to the question of any legal ramifications of the Nash amendment. Mr. Reeves answered that, while he was not involved in the negotiations in the employee contract, he believes that the contract states that we will implement a study by July 1, 1990. Therefore, if the Assembly were not to implement this part of the budget, then it could be fully expected that the union would bring an action for breach of contract and they would prevail. Mr. Reeves did not believe there had been any discussion from the union regarding not implementing the study. Mr. Reeves pointed out that the Assembly would have an option of putting the study in the budget now and an action taken later, whether it be to put it in a committee or whatever. Assemblyman Brown asked for clarification, the Assembly could approve the study with the budget then at a later date, the portion that appears to be prejudicial could be addressed. Mr. Reeves felt that it could, however, the contract with the union would have to be studied. From a legal standpoint there could be a problem because it would appear that the issue comes down to an individual situation and the employees have, in effect turned over their rights to the employee association. To reject the study when it is included in the budget would be a clear breach. Assemblyman Brown asked '.,.or the best advised method. Mr. Reeves suggested that, personally he felt there is something in the contract that speaks to a procedure to deal with this. From a legal prospective, do include the study with this budget, then later follow a separate process with whatever is chosen. THE NASH AMENDMENT FAILED BY A VOTE OF 3 YES, 10 NO . YES: Brown, Nash, Superman NO: Sewall, Hodgins, Moock, McLane, Atkinson, O'Connell, Crawford, Glick, Skogstad, walli 6 ASSEMBLYMAN NASH MOVED TO STRIKE THE BOROUGH CLERK AND DEPUTY BOROUGH CLERK FROM THE JOB DESCRIPTION BOOK ENTIRELY. Assemblyman Nash explained that their job descriptions are established by ordinance that the Assembly has set up and are not a part of the study nor the administration. The Assembly set up their job descriptions and they shouldn't appear in the book. This should be left to the discretion of the Assembly within their ordinance process. Assemblyman O'Connell asked if there were any problem with this suggestion, if any agreements exist that would cause problems. Mayor Gilman felt that the two positions have always been at the discretion of the Assembly. THE NASH AMENDMENT PASSED BY UNANIMOUS CONSENT Assemblyman McLane asked if there had been a detailed discussion on the solid waste capital budget, particularly relating to the proposal presented by Peninsula Sanitation. According to the memo if the Assembly were to adopt the amendment and enter into an agreement with them as proposed, it would be an overall savings of $173,000. President Skogstad answered that it had not been discussed. Assemblyman McLane recognized that the operating portion of the solid waste plan has been adopted, however, while not trying to complicate the budget process, there are a couple of questions that should be considered. The first question regards the trans- fer boxes, the contractor proposes to put in compactors in Kenai and Soldotna and to provide the recycle bins at all the transfer locations. Even though we have implemented the operating portion of the budget, can the administration and Assembly have some flexibility to follow through with a plan like this. President Skogstad answered that he felt the Assembly had ample opportunity to look into it, however, this may not be the time to look at specific proposals. Mavor Gilman stated that this item had come in late the previous day and had not had a chance to .look it over, however, there are some features in it that had been discussed previously, particularly with the compactor. In earlier discussions it was found that one of the flaws was that the boxes in Kenai were too small. It is going to be costly if the correct size box were put in. What they are proposing to do is to help that process by putting a compactor in it will allow for easier transportation. what the proposal doesn't do is cut down on the number of boxes needed. There are some good ideas that will be followed. The company is regulated by APUC and they are suggesting a rate that may have to have APUC approval. Mayor Gilman recommended that there are sufficient funds within the operating budget and will work with Peninsula Sanitation in a way to save some money. This will give administration the needed flexibility. 7 ASSEMBLYMAN ATKINSON PROPOSED AN AMENDMENT TO THE SOLID WASTE CAPITAL PROJECTS BUDGET - LAST ITEM ON PAGE 173 - 91642 TO PROVIDE MINIMAL HAZARDOUS WASTE IN SEWARD MAKING THE TOTAL AMOUNT $174,000 TO REPLACE $164,000, Assemblyman Atkinson explained his amendment by saying that Homer and Soldotna had facilities with Seward being incorporated into the new facility. Kenai will have a facility and it will be mannedat least part time, but Seward does not . About $10 , 000 will give Seward a tank. President Skogstad asked if $10,000 was sufficient. Ms. Katherine Mayer answered that the $10,000 would be just for the waste oil tank and not for a trailer. There will be an attendant on site most of the time and the tank would onlybe o during open g the times that the attendant will be on -site. The tank will be above -ground. THE ATKINSON AMENDMENT PASSED BY UNANIMOUS CONSENT ASSEMBLYMAN McLANE MOVED TO AMEND ORD, 90-33 BY ADDING A NEW SEC- TION 9 AND RENUMBER THE PRESENT SECTION 9 TO 10 AND IT WOULD READ, "THAT KPB 2.04.06 (a) IS HEREBY AMENDED AS FOLLOWS: COMPEN- SATION FOR THE BOROUGH MAYOR SHALL BE $79,000 PER YEAR", Assemblyman McLane explained that this amendment removes the difference between the code and the budget document as it appears that it will be approved. Assemblywoman Walli asked for clarification. She had understood that each time a new Mayor was elected to his first three year term, it would begin at $65,000. President Skogstad answered that the statute reads that we set the Mayor's salary at $65,000 plus. It can be changed at any time. Mrs. Walli agreed, however, if there was a new election and the incumbent was re- elected his salary would not be reduced, but rather could be upgraded. President Skogstad answered that the code does not clarify whether it is a newly elected mayor or an incumbent. Assemblyman Nash voiced concern that there had not been proper public notice for a code modification. There has been proper notice regarding the budget, however, that could be viewed equiv- alent to the argument on the tourist discussion. It should come back to the Assembly. If the Assembly begins looking at codified ordinances by adding them in on hearing dates for a different ordinance, particularly when it is the third extension of a hearing date, that doesn't appear to be proper notification. Assemblyman Hodgins noted that this has been in the budget and the public has had a chance to look at it. Assemblyman McLane pointed out the number of times the issue had been discussed, and placed in memo form. The intent is clear and is more or less a housekeeping item. 8 Assemblyman Sewall directed attention to prior discussions regarding the Mayor's salary, in particular regards lowering it when the economy was down. He also felt that for planning purposes it should be budgeted. Mr. Sewall agreed that there had been proper notice in that it had been discussed on the floor several times in the last few meetings. Mr. Sewall suggested that it take effect with the beginning of the next term. Mr. Sewall recalled that during discussions three years ago, the Assembly was informed that they could raise it but not lower and then at appropriate times. By placing it in the budget now and asking that it take effect on an appropriate date that intent is clear. Mayor Gilman noted that a close examination of the code would reveal that there is no change in the salary during a term of office and if this amendment were to pass, another section should be added to make it clear that the section does not take place until the Monday following the certification of election. ASSEMBLYMAN McLANE ASKED TO ADD TO HIS AMENDMENT (RENUMBERED' SECTION 9) "THIS ORDINANCE SHALL TAKE EFFECT ON JULY 11 1990 AT 12:01 A.M. WITH THE EXCEPTION OF THE SECTION WHICH SHALL TAKE EFFECT IMMEDIATELY FOLLOWING THE SWEARING IN OF THE NEWLY ELECTED MAYOR FOLLOWING THE ELECTION OF OCTOBER 2, 1990." Assemblyman Nash stated his wish to see this amendment placed in proposed ordinance form and put it on the next agenda rather than this way. THE McLANE AMENDMENT PASSED BY A VOTE OF 10 YES, 3 NO YES: Sewall, Hodgins, Moock, McLane, Atkinson, O'Connell, Crawford, Glick, and Brown NO: Skogstad, Nash, Superman Assemblyman Nash farther questioned administration regarding the roof repairs under the maintenance section. Mayor Gilman answered that perhaps a wrong impression was left and explained that the figures quoted at the previous meeting were for bringing the roof to repair, while to bring the roof and building to standard would cost more. The building had never been designed, inspected, nor looked at by an engineer. The Borough acquired the building as -is. There are no additional funds being requested.. Assemblyman Nash asked if at least part of the work were done this year if it would not be appropriate to include the funds as by next budget year there may be a very different budget picture. Mayor Gilman cautioned the Assembly that while money can be placed into the budget at this time, it does not necessarily mean the roof will be replaced by the time school starts. Assemblyman Sewall noted that this is the building that was acquired from the telephone company and is now used by the main- tenance department, is this job going to be done internally or 01 Kenai Peninsula Borough Minutes of Sr)ecial Meeting, June is L. 1 90 will it be contracted. Mayor Gilman explained that this is iden- tified in the agreement with the school board, it is a public works job and as such are contracted. Assemblyman McLane expressed concern over the health and safety aspects of the roof and asked if it will be repaired or replaced to a point that it will withstand a heavy snowfall next winter. Mayor Gilman felt that the question cannot be answered, however, it will be repaired to at least the condition it was when acquired. AssemblymanMcLane suggested that this should be dealt with as a separate issue, being uncomfortable with Borough employees working in a building that does not meet code irregard- less of what it takes to fix it. ASSEMBLYMAN McLANE ASKED FOR APPROVAL OF ORDINANCE 90-33 AS AMENDED, President Skogstad called for final figures from the finance personnel prior to vote and called for further discussion. ASSEMBLYMAN SEWALL MOVED TO AMEND PAGE 23, #43220 REGARDING CAR ALLOWANCE FOR THE CLERK $1800 AND ASKED THAT IT BE STRUCK, Assemblyman Brown asked if the Clerk was aware of the change, the Clerk answered that there had been no discussion, however, if the Assembly wished to remove it, there are no objections. President Skogstad stated that the car allowance had been requested by the past clerk. Assemblyman Sewall stated that it was not included in the current contract. Assemblywoman Wal-li asked if mileage was available, President Skogstad answered yes. THE SEWALL AMENDMENT PASSED BY A VOTE OF 9 YES, 4 NO YES: Sewall, Hodgins, Moock, McLane, Atkinson, Glick, Skogstad, Nash, and Superman NO: O'Connell, Crawford, Brown, and Walli ASSEMBLYWOMAN GLICK MOVED TO AMEND THE 1990-91 OBJECTIVES ON PAGE 22, THE FOLLOWING WORDING, "TO COMPLETE OUR LAND MANAGEMENT PROGRAM WHICH WOULD INCLUDE THE PREPARATION, INTRODUCTION, AND ADOPTION OF A LAND MANAGEMENT ORDINANCE WHICH WOULD INCLUDE THE LESA AMENDMENTS." ASSEMBLYMAN McLANE MOVED TO AMEND THE AMENDMENT BY ADDING THE VERBIAGE THAT WE SHOULD TRY TO CONCLUDE THE MEETINGS BY 11:00 P.M. NEXT YEAR, ELIMINATE UNNECESSARY DEBATE AND WASTING TIME. President Skogstad determined that this is a second amendment and is not allowed and asked that Mr. McLane bring this up again. THE GLICK AMENDMENT PASSED BY A VOTE OF 12 YES, 1 NO YES: Sewall, Hodgins, Moock, McLane, Atkinson, O'Connell, Crawford, Glick, Skogstad, Brown, Nash, and Walli NO: Superman 10 Assemblyman Nash discussed the roof appropriations, stating that he felt uncomfortable without settling the issue and perhaps sometime through the year having to add to the budget. ASSEMBLYMAN NASH MOVED TO AMEND TO ADD $189,432 TO THE CAPITAL PROJECTS FUND, PAGE 173, Finance Director Kenny noted the account number, 408-420010- 49999-91001 and the verbiage would be "Maintenance Roof". ASSEMBLYMAN NASH ASKED THAT THE ACCOUNT NUMBER AND TITLE BE ADDED TO HIS MOTION TO AMEND. THE NASH AMENDMENT PASSED BY A VOTE OF 9 YES, 4 NO YES: Sewall, Hodgins, Moock, McLane, Atkinson, Glick, Nash, Superman, and Walli NO: O'Connell, Crawford, Skogstad, and Brown Mr. Kenny stated: "Ordinance 90-33, Section 1, the new number is $40,099,942, Under General Government Operations the new figure is $11,194,244. Transfer to Solid Waste Capital Projects, $431,750, transfer to Maintenance Capital Projects $189,432, The amendments that I have included by the Assembly thus far are reduction in dues and subscriptions in the Assembly budget in the amount of $8,500 and Non -Department a reduction of $170,000 contribution to the AVA . Solid Waste Dump -off stations in the Capital Projects page was an increase of $10,000 and a reduction in the Clerk's budget under car allowance of $1,,800". President Skogstad asked for the figure in the Non -Departmental be read again. Mr. Kinney read $170,000 under contract services. President Skogstad stated that he felt it should be $175,000. I believe the figure we approved was $120,000 for tourism promotion and left the $234,000 for EDD." Mr. Kinney, "restating section 1 with.the corrected number the new total is $39,905,510." President Skogstad called a recess. Mr. Kinney, "the amendments I have in the General Fund is a reduction of $8,500 for Assembly Dues & Subscriptions; $175,000 reduction for tourism promotion; $10,000 increase for Hazardous Waste Dump -off Stations; and a reduction in Assembly Clerk's budget for Car Allowance of $1,800. A $189,432 increase transfer to the Maintenance Capital Projects. The new total in section 1, $40,094,942. General Government Operations $11,189,244, Trans- fer to Solid Waste Capital Projects $431,750, add a line, trans- fer to Maintenance Capital Projects $189,432, The total at the bottom of that column would be adjusted to read, $40,094,942. In section 2, Land Trust Fund, $875,676. That total is changed as a result of the amendment made of $20,000 for aerial photography. In section 5 there is a typographical error in the date. It should be changed from June 30, 1990 to 1991. A line needs to be added before Solid Waste that says, Maintenance Capital Project, $189,432. The next line, Solid Waste would be adjusted to $431,750." 11 Assemblyman Brown spoke in support of the amended ordinance with some reservations regarding the re-classification study. ASSEMBLYWOMAN GLICK MOVED TO INCLUDE THE AMENDMENTS AS READ BY MR. KINNEY: SECTION 11 $40,094,942; IN GENERAL GOVERNMENT OPERA- TIONS $11,189,244; AT THE BOTTOM IN TRANSFER TO SOLID WASTE CAPI- TAL PROJECTS $431,750; THERE WOULD BE A NEW LINE, TRANSFER TO MAINTENANCE CAPITAL IMPROVEMENTS PROJECTS FOR ROOF $189,432; AND TOTAL AT THE BOTTOM OF PAGE 11 $40,0941942; ON PAGE 2 UNDER LAND TRUST $875,676; SECTION 51 CHANGE THE ENDING DATE TO JUNE 30, 1991; ADD A NEW LINE, MAINTENANCE CAPITAL IMPROVEMENT PROJECTS $189,432; CHANGE THE SOLID WASTE FIGURE TO $431,750. THE GLICK AMENDMENT PASSED BY UNANIMOUS CONSENT ASSEMBLYMAN MCLANE'S MOTION TO APPROVE ORDINANCE 90-33 AS AMENDED PASSED BY A VOTE OF 10 YES, 3 NO YES: Sewall, Hodgins , Moock, McLane, Crawford, Glick, Skogstad, Brown, Nash, and Walli NO: Atkinson, O'Connell, and Superman ( b ) Res. 9 0-5 3 "Setting the Rate of Levy for Real and Per- sonal Property Taxes for the Kenai Peninsula Borough and for Service Areas Within the Borough for the Tax Year 1990" (Mayor) President Skogstad introduced the resolution. ASSEMBLYWOMAN GLICK MOVED ADOPTION OF RESOLUTION 90-53 President Skogstad called for committee reports, there were none. ASSEMBLYWOMAN WALLI MOVED TO AMEND O READ 6.50 REPLACING 5.75, President Skogstad called for all amendments to be placed on the floor. Assemblyman O'Connell asked for how much money would be generated by the proposed increase. Assemblyman Nash asked what kind of mil rate would be appropriate to create a balanced budget. Mayor Gilman called attention to a sheet passed out previously. The figure of' $3 million negative represents about 1.1 mils. The assessed value is $3.021 billion. ASSEMBLYMAN SUPERMAN AMENDED SECTION ONE BY REDUCING 5.75 TO 5.25 MILS TO REFLECT THE ADDED REVENUES FOR TOURISM PROMOTION, Assemblyman McLane objected to changing the mil rate at the last minute without prior notice. 12 President Skogstad asked for the figures requested by Assemblyman O'Connell, Mr. Kinney answered that with the budget just adopted by the Assembly with the projected mil rate of 5.75 we would be operating with a deficit of $3,351,066. In order to fund this budget with a mil rate tQ make the deficit zero, would take 1.11 mils. The increase proposed by Mrs. Walli would be an increase from 5.75 to 6.5, 3/4 mil would generate $2,265,750 leaving a deficit balance of $1, 0 85 , 316 . Assemblyman Brown recalled a member whoproposed a rebate to the taxpayers, this would be that opportunity. Assemblywoman Walli passed along the comments from the constituents from her area which are to have a gradual increase rather than have a big increase next year, then raise it again the next two years. This way the increase would be only 3/4 mil and by the third year, 1/2 mil. Assemblyman Sewall noted that the Assembly worked hard to hold the mil rate steady during the years when the economy was down. However, there have been discussions about several things that have needed to be done for some time. ASSEMBLYMAN SEWALL MOVED TO AMEND SECTION 1 BY INCREASING THE MIL RATE TO 6.0 Assemblyman Sewall pointed out that the mil rate would be raised 1/4 or approximately $25 on a $100,000 home and would be prudent. Assemblyman Nash took exception to the suggestion that there had not been proper notice, in that there have been advertisements as well as articles written in newspapers about the setting of the mil rate. Assemblywoman Glick felt that the Assembly could pat itself on the back because they have been able to provide a certain level of service while maintaining a rather stable mil level, but the Assembly must also realize that same situation could come about again, perhaps sooner than anticipated. Mrs. Glick noted the situation with the North Star Borough and City of Fairbanks where they continued to spend down a fund balance and then had to double taxes and laid off a considerable number of employees. The Mat -Su Borough was looking at doubling the mil rate but were able to stabilize. As pointed out previously, it is more palatable to increase the mil rate a little at a time rather than all at once. The 1/4 mil would just cover the solid waste issue. ASSEMBLYMAN ATKINSON MOVED TO AMEND SECTION ONE BY INCREASING THE MIL RATE TO 6,25 Mayor Gilman noted that everyone agrees that the tax rate is going to have to be raised. Along those lines, a maximum figure could be considered. While not speaking for or against any of the amendments, Mayor Gilman provided an example, if an increase of 6.0 mils was approved through 1991 and 1992, then we will have to have an 8.50 mil rate by 1993, if all the other numbers are right. And 8.3 in 1994. If we take the 6.5 mil level and hold 13 that for two years, then it becomes 7.3 in 1993 and 8.5 in 1994, The sheet that was passed out took 1.5 mil rate jump in 1992 but the mil rate never goes over 8.0 in those three years. Assemblyman Superman asked for a restatement of how much the mil level would have to be to have a balanced budget. Mr. Kinney stated that it would have to be a 1.1 mil increase over the 5.75. Mr. O'Connell referred to state revenues which are the single largest source of revenues, approximately 30% of the budget according to the graph, and asked for a clarification of the formulas, i.e., if the state does not get the money it is projecting, do any of these revenues that we're projecting automatically slide downward. Mr. Kinney answered that the legislature has approved the money an assuming the Governor signs that bill we will be entitled and will receive the money. The state will incur the deficit. The updated figures passed out at the last meeting are actual figures based on information provided by the state and updated at the beginning of the week. Mayor Gilman pointed out that while there is no automatic decrease, the Governor can not impound. The Supreme Court ruled that Governor Sheffield acted improperly, but the legislature can reconvene to adjust the budget and that is the only way the budget could be adjusted and money not parceled out by administration. Assemblyman O'Connell noted that by Constitutional Mandate the legislature cannot deficit spend. If the legislature does not have the money they can not pass it on to us. The budget "kicks in" in six months which is when the legislature reconvenes. President Skogstad called for the motions to be voted on in ascending order. THE SUPERMAN AMENDMENT DECREASING THE MIL RATE TO 5.25 FAILED BY A VOTE OF 8 NO, 5 YES. YES: Hodgins, McLane, Atkinson, Brown, and Superman NO: Sewall, Moock, O'Connell, Crawford, Glick, Skogstad, Nash, and Walli THE SEWALL AMENDMENT FOR AN INCREASE OF 6.0 MILS FAILED BY A VOTE OF 7 NO, 6 YES YES: Sewall, Moock, O'Connell, Glick, Skogstad, and Nash NO: Hodgins, McLane, Atkinson, Crawford, Brown, Superman, and Walli THE ATKINSON AMENDMENT TO INCREASE TO 2.5 MILS FAILED BY A VOTE OF 8 NO, 5 YES YES: Sewall, Moock, Atkinson, Glick, and Nash NO: Hodgins, McLane, O'connell, Crawford, Skogstad, Brown, Su- perman, and Walli 14 THE WALLI AMENDMENT TO INCREASE THE MIL RATE TO 6.50 FAILED BY A VOTE OF 10 NO, 3 YES YES: Atkinson, Glick, and Walli NO: Sewall, Hodgins, Moock, McLane, O'Connell, Crawford, Skogstad, Brown, Nash, and Superman ASSEMBLYMAN HODGINS CALLED THE PREVIOUS QUESTION PresidentSkogstad clarified that a yes vote will limit debate, a no vote will continue discussion. THE HODGINS MOTION FAILED BY A VOTE OF 7 NO, 6 YES YES: Hodgins, Moock, McLane, Atkinson, Crawford, and Brown NO: Sewall, O'Connell, Glick, Skogstad, Nash, Superman, and Walli THE GLICK MOTION TO APPROVE RESOLUTION 90-53 UNAMENDED PASSED WITH A VOTE OF 10 YES, 3 NO YES: Hodgins, Moock, McLane, O'Connell, Crawford, Glick, Skogstad, Brown, Nash, and Walli NO: Sewall, Atkinson, and Superman President Skogstad called for comments from the public, there were none. President Skogstad called for a report from the Mayor, there was none. Mayor Gilman did commend the Assembly for the hard work and the responsible actions taken. President Skogstad called for comments from the Assembly. (a) Mr. Hodgins requested and received an excused absence for the meeting of June 19, 1990. ( b ) Mr. Superman commented that there is a resolution that three of the Assembly have sponsored a resolution which would look at a manager form of government and pointed out that it in no way reflects on the present Mayor, however, it would be timely for the people to look at different options available to them. (c) Mr. Nash noted the Coastal Management Program and asked if the changes discussed by the Assembly were included in the document. Mayor Gilman stated that they were and are a part of the packet for the next meeting, June 19th. (d) President Skogstad announced a Sales Tax Task Force meeting Monday, June 18th at 7:00 P.M. in the conference room. 15 k Y The meeting was adjourned at 10:35 P.M. Date Approved: July 17, 1990 2 ac��s7s Ja es W. Skogstad Assembly President ATTEST: Jape A. Sumey, Borough Cler 16 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING June 19, 1990; 7:30 p.m. Borough Administration Building Soldotna, Alaska - A M E N D E D A G E N D A - A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION: Rev. Earl Barnett, Soldotna Baptist Church D. ROLL CALL E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: Regular Meeting of June 5, 1990 and Special Meeting of June 12, 1990 G. COMMITTEE REPORTS (a) Finance (Chm. Sewall, Vice Chm. Nash, Glick, O'Connell, Keene) (b) Legislative (Chm. Crawford, O'Connell, Glick, Mullen) (c) Local Affairs/Lands (Chm. Brown, Vice Chm. Crawford, Moock, Mullen, Poindexter, Super- man) (d) Public Works/Ed (Chm. McLane, Vice Chm. Moock Atkinson, Hodgins, Superman, Walli) H. REPORTS OF COMMISSIONS AND COUNCILS �. MOTIONS TO RECONSIDER J. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 90-72 "Awarding a Contract for Janitorial Services for the Maintenance/ Public Works Building" (Mayor) (b) Ord. 90-41 "Providing for the Issuance of $4,660,000 General Obligation Solid Waste Bonds of the Kenai Peninsula Borough and Fixing Details of Said Bonds" (Mayor)(Set for Hearing 7/17/90) Page No . 1 1 Approved 1 Postponed 2 2 2 2 3 Approved as Amended (c) ord. 90-46 "Providing an Exemption from KPB Chapter 14.06 'Road Standards' to Allow Acceptance of All Existing Bridges on Borough -Maintained Roads onto the Road Main- tenance System" (Mayor)(Set for Hearing 7/17/90) (d) Res. 90-60 "Authorizing a Cooperative Agree- ment with the State Department of Natural Resources for Fire Hazard Reduction Activity and Authorizing Acceptance of $655,000 from the State to Engage in those Activities" (Mayor) (e) Res. 90-62 "Approving Agreement for Air Med- Evac Services LHS Management & CPEMSA" (Mayor) (f) Res. 90-63 "Award Contract to Becker Fire Equipment Co. for Purchase of Emergency Medi- cal Care Vehicle for Nikiski Fire Service Area" (Mayor) (g) Res. 90-6C, "Requesting the State of Alaska, Department of Transportation to Provide for a Reduced Speed School Zone on the Sterling Highway Adjacent to Skyview High School, South of Soldotna" (Mullen) (h) Res. 90-68 "Authorizing the Award of Contract for Relocating and Installing School District's Portable Classrooms and Transfer of Funds from Various Capital Projects" (Mayor) (i) Res. 90-69 "Award of Contract for the Paving of the Homer Baler Facility Access Road" (Mayor) (j) Res. 90-70 "Authorizing the Mayor to Award a Water Monitoring/Testing Contract for Solid Waste Facilities" (Mayor) (k) Res. 90-71 "Authorizing the Mayor to Award a Water Monitoring/Testing Contract for the Post Closure Monitoring of the Sterling Special Waste Site" (Mayor) (1) Res. 90-75 "Authorizing Emergency Wildfire Response in State and National Forest Preplanning by Emergency Service Areas" (Mayor) 2 K. L. M. ORDINANCE HEARINGS Page No. (a) Ord. 90-45 "Appropriating $655,000 to the 4 Enacted Land Trust Fund for the Fire Hazard Reduction Activity" (Mayor) (b) Ord. 90-42 "Amending the Kenai Peninsula 5 Enacted Borough Sales Tax Code to Exempt Food Sales by Nonprofit Recreational Camps" (Glick) (c) Ord. 90-44 "Authorizing the Sale of Borough 5 Enacted Lands Located on the West Side of Cook Inlet to Marathon Oil Company for the Purpose of Establishing a Drilling Mud Disposal Site" (Mayor) (d) Ord. 90-36 "Raising the Mill Rate Cap of the 6 Enacted Central Peninsula Emergency Medical Service Area from 1 Mill to 1.5 Mills, and Providing for a Ballot Proposition for Voter Ratifica- tion of the Increase" (Mayor @ Req. of SA's) (e) Ord. 90-40 "Changing the Boundaries of the 11 Postponed Ridgeway/Sterling Fire Service Area" (Mayor, to 7-17-90 Req. R/SFSA) (f) Ord. 90-39 "Approving Minor Amendments to the 14 Enacted Kenai Peninsula Borough Coastal Management Subst. Program" (Mayor) (g) Ord. 90-38 "Amending Section 20.16.150 of the 14 Postponed Borough Code of Ordinances So that All to 7-1 7 -90 Parties Holding an Interest to the Title of Land Proposed for Subdivision Shall Sign the Plat" (Mayor) (h) Ord. 90-43 "Amending Title 20 Of the Borough 16 Enacted Code to Clarify Definition and Use of Ease- ment Shown on Subdivision Plats" (Mayor) INTRODUCTION OF ORDINANCES CONSIDERATION OF RESOLUTIONS (a) Res. 90-74 "Authorizing Negotiations with 18 Adopted Bond Bank for Purchase of Solid Waste Bonds ($41660,000)" (Mayor) (b) Res. 90-65 "Authorize the Mayor to Enter into 19 Adopted a Grant Agreement with the State for Road Improvements and a Subcontract with the City of Soldotna for Expenditure of the Funds for the Second Phase of the Knight Drive Improve- ments" (Moock, McLane, & Mullen) 3 Page No. (c) Res. 90-67 "Request Department of Transporta- 21 No Vote, tion Enforce State Statutes Banning Outdoor On next Advertising" (Atkinson) agenda (d) Res. 90-64 "Declare the Portable Classroom at 4 Removed Tustumena Elementary School as Surplus and by sponsor Authorizing the Transfer of this Portable to a Civic, Nonprofit, or Educational Group by Means of a Lottery" (Atkinson) (e) Res. 90-46 "Providing for Ballot Propositions 21 Not to Approve the Levy of Taxes for Road Main- Addressed tenance Purposes By the Central Kenai Penin- sula Road Maintenance Service Area, East Kenai Peninsula Road Maintenance Service Area, North Kenai Peninsula Road Maintenance Service Area, and South Kenai Peninsula Road Maintenance Service Area" (Mayor, Req. SA's) (Postponed from 6/5/90) N. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) (a) Ord. 89-40 "Enacting a New Chapter 21.12 to Provide a Permit System for Conditional Land Uses and Repealing the Current KPB 21.12 Noxious, IJnjurious and Hazardous Uses Ordinances" (Mayor, Req. Task Force) TABLED (Mayor, Req. CPEMSA) (b) Ord. 90-29 "Revising and Recodifying Ordinances Regarding the Borough Assembly and its Procedures and Creating a New Legislative Section in the Borough Code" (Policies & Pro- cedures Committee)(Set for Public Hearing 7/17/90) 0. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (a) Mr. Tom Williams - Resurrection Creek Road (b) Mr. Wayne Leitner, Peninsula Sanitation on Recycling and Refuse Collection P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS 21 Q. MAYOR'S REPORT 22 R. OTHER BUSINESS 22 (a) Assembly Comments on Ordinance 90-29 Revising and Recodifying Ordinances for Assembly Pro- cedures as Submitted by Policies & Procedures Committee. 4 Page No. (b) Resolution Recognizing Twelve Years of Dedicated Service by Retiring Nikiski Fire Chief Al Willis (c) Resolution of Memorial Tribute to Alfred Ivanoff, Fire Chief, City of Kenai, Passed Away June 1, 1990 S. ASSEMBLY AND MAYOR'S COMMENTS 22 T. INFORMATIONAL MATERIALS AND REPORTS (a) Letter from City of Soldotna Mayor Dolly Farnsworth Concerning KPB Ordinance 90-40 - Proposed Annexation to the Ridgeway/Sterling Fire Service Area (b) Letter from D.E.C., Mr. Kevin O'Shea Regard- ing the Nikiski Airstrip Site Investigation (c) City of Homer Resolution 90-46 Regarding Skateboarding and Reopening the Skateboarding Park (d) Letter from Attorney James K. Barnett Regard- ing the Timber Trading Company U. NOTICE OF NEXT MEETING AND ADJOURNMENT (7/17/90) 5 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING June 19, 1990; 7:30 p.m. Borough Administration Building Soldotna, Alaska A. CALL T4 ORDER The regular Assembly meeting of June 19, 1990 was called to order by President Skogstad at 7:34 P.M. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Rev. Earl Barnett, Soldotna Baptist Church D. ROLL CALL Present: Atkinson, Brown, Crawford, Glick, Keene, McLane, Moock, Mullen, Nash, Sewall, Skogstad, Superman, and Walli Absent: Hodgins E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS None F. APPROVAL OF MINUTES 1) Regular Meeting of June 5, 1990 3) Special Meeting of June 12, 1990 4) Special Meeting of June 14, 1990 As the minutes of June 12 and June 14 were passed out at the meeting, they will be under consideration at the next meeting and are for informational purposes. Clerk Sumey asked that a correction be made on page 4, the last item discussing voting for Resolution 90-43, the voting should read: Yes: Atkinson, Brown, Hodgins, Glick, Moock, and Sewall and, No: Crawford, Keene, McLane, O'Connell, Superman, and Walli. The minutes were approved as corrected. 1 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19 1990 G. COMMITTEE REPORTS (1) Finance Committee Chairman Sewall reported that there was not a quorum. Mr. Nash reported that there was objection to Ordinance 90-46 on the Consent Agenda. (2)Legislative Committee No report. ( 3 ) Local Affairs/Lands Chairman Brown reported that only agenda items were discussed, there was 100% attendance. (4) Public Works/Education Chairman McLane reported that the Committee would like Resolution 90-68 removed from the Consent Agenda. Discussion centered on agenda items and discussed also, Ordinance 90-46 concerning bridges and had two questions and asked for information be made available from the Attorney ' s Office for the July 17th meeting. The questions are: Concerning the fiscal note, what is the cost of upgrading those bridges and also a report on the liability. The Committee heard a short report from Mr. Atkinson who attended the school capital projects work session which was held prior to the school board meeting the previous evening. They are putting together a priority list for our school district to mesh with the procedures in HB37 which incorporates everything into the main state-wide list. It is our impression that this information has to be sent to the state in early August or late July. As there will be only Assembly meeting between now and then will there be some information. President Skogstad expressed the understanding that it takes formal resolution from the Assembly to place items on that list. Mayor Gilman answered that the new HB37 does require a resolution. President Skogstad stated that the resolution will be on the next agenda in July. President Skogstad called attention to the information passed out to the Assembly regarding the school board work session. Mr. McLane asked if there will be a report on the work session as several members of the Committee were not in attendance due to late notification. President Skogstad asked if Assemblymember McLane were requesting a special work session with the school board body. It was agreed that this item will be addressed later in the agenda, 2 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19, 1990 H. REPORTS OF COMMISSIONS AND COUNCILS There were none I. MOTIONS TO RECONSIDER None J. AGENDA APPROVAL AND CONSENT AGENDA President Skogstad offered an amended agenda to the Assembly "Cfor review. The amended agenda places more items on the Consent Agenda due to the length of the main agenda and, following Assembly and Committee requests at the end, reads as follows: (1) Res, 90-72 "Awarding a Contract for Janitorial Services for the Maintenance/ Public Works Building" (Mayor (2) Ord. 90-41 "Providing for the Issuance of $4,660,000 General Obligation Solid Waste Bonds of the Kenai Peninsula Borough and Fixing Details of Said Bonds" (Mayor)(Set for Hearing 7/17/90) ( 3 ) Res. 90-62 "Approving Agreement for Air Med-Evac Services LHS Management & CPEMSA" (Mayor) (4) Res. 90-63 "Award Contract to Becker Fire Equipment Co. for Purchase of Emergency Medical Care Vehicle for Nikiski Fire Service Area" (Mayor) ( 5 ) Res. 90-66 "Requesting the State of Alaska, Department of Transportation to Provide for a Reduced Speed School Zone on the Sterling Highway Adjacent to Skyview High. School, South of Soldotna" (Mullen) ( 6 ) Res. 90-69 "Award of Contract for the Paving of the Homer Baler Facility Access Road" (Mayor) (7) Res. 90-70 "Authorizing the Mayor to Award a Water Monitoring/Testing Contract for Solid Waste Facilities" (Mayor) (8) Res. 90-71 "Authorizing the Mayor to Award a Water Monitoring/Testing Contract for the Post Closure Monitoring of the Sterling Special Waste Site" (Mayor) (9) Res. 90-75 "Authorizing Emergency Wildfire Response in State and National Forest Preplanning by Emergency Service Areas" (Mayor) Resolution Recognizing Twelve Years of Dedicated Service by Retiring Nikiski Fire Chief Al Willis 3 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19, 1990 Resolution of Memorial Tribute to Alfred Ivanoff,Fire Chief, City of Kenai, Passed Away June 1, 1990. Assemblymember Moock asked for Ordinance 90-47 be placed on the Consent Agenda as this is an item that the Community Council is asking that ;this item go on the ballot. Had the Assembly chosen to hold the July 31rd meeting, it would have been introduced in order. Assemblymember Atkinson objected to Ordinance 90-47 being placed on the Consent Agenda and asked that Resolution 90-64 be removed. Assemblymember Glick asked that two unnumbered resolutions be placed on the Consent Agenda. The two resolutions were for Fire Chief Al Ivanof and Fire Chief Al Willis. The Consent Agenda and meeting agenda was approved as amended. President Skogstad read the two unnumbered resolutions as submitted above. K. ORDINANCE HEARINGS Ordinance.. 90-45 "Appropriating $655, 000 to the Land Trust Fund for the Fire Hazard Reduction Activity" (Mayor) ASSEMBLYMAN SEWALL MOVED TO ENACT ORDINANCE 90-45. Chairman Brown reported that the Local Affairs Committee had a unanimous "do -pass" recommendation. President Skogstad. called for public comments, there were none. MOTION PASSED BY UNANIMOUS CONSENT Resolution 90-60 "Authorizing a Cooperative Agreement with the State Department of Natural Resources for Fire Hazard Reduction Activity and Authorizing Acceptance of $655, 000 from the State to Engage in those Activities" (Mayor) ASSEMBLYWOMAN GLICK MOVED FOR ADOPTION OF RESOLUTION 90-60 Assemblymember Nash reported that the Finance Committee requested the Administration give a run-down of the final agreement as they were laid on the table this evening. Assemblymember Brown reported that the Local Affairs/Lands Committee had a unanimous "do -pass" recommendation. President Skogstad called for public comments, there were none. Mayor Gilman spoke to the request for clarification of amendments to the agreement. The two provisions that were objected to were, in one case rewritten and in the other it was struck. One provi sion addressed the fact that the Borough would be giving up appeal rights on the land transfer and it has been struck. The 4 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19, 1990 second provision is on page 4, item f and addresses the "Hold harmless" clause has been rewritten to state that each entity will be responsible for their own actions. In the previous draft we would have had to defend everyone and indemnify the state* This is now a document that administration feels comfortable with. Assemblymember McLane asked if we would coordinate the project and see a bid proposal on the street for this work in the Cooper Landing area. Mayor Gilman answered that it was the intent. MOTION PASSED BY UNANIMOUS CONSENT Ordinance 90-42: "Amending the Kenai Peninsula Borough Sales Tax Code to Exempt Food Sales by Nonprofit Recreational Camps" (Glick) ASSEMBLYWOMAN GLICK MOVED FOR ADOPTION OF ORDINANCE 90-42 Assemblymember Nash reported that the Finance Committee heard a brief summary from the Finance Director and it appears to be consistent with the other problem areas pending the results of the special committee and there were no objections. President Skogstad called for public comments, there were none. MOTION PASSED BY UNANIMOUS CONSENT Ordinance 90-44: "Authorizing the Sale of Borough Lands Located on the West Side of Cook Inlet to Marathon Oil Company for the Purpose of Establishing a Drilling Mud Disposal Site" (Mayor) ASSEMBLYWOMAN GLICK MOVED FOR ADOPTION OF ORDINANCE 90-44 Assemblymember Nash reported that the Finance Committee voiced concern that there may be an error in section one regarding the description - it identifies the lands as being the "west" half of section 36 and the map shows that it appears to be the "east" half. Assemblymember Brown reported that the Local Affairs/Lands Committee had a unanimous "do pass" recommendation. Chairman McLane reported that the Public Works/Education Committee unanimously recommended "do pass - President Skogstad called for public comments, there were none. ASSEMBLYMAN McLANE MOVED TO AMEND TO CORRECT THE LEGAL DESCRIPTION IN THE FIRST WHEREAS TO THE "EAST" 1/2 OF SECTION 36, AND AGAIN IN SECTION 1 CHANGE THE WORD "WEST" TO "EAST". MOTION PASSED BY UNANIMOUS CONSENT 5 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19, 1990 Assemblymember McLane declared that his firm, McLane and Associates has done test hole work on this site for Marathon Oil Company and also involved in the boundary work, therefore he will abstain from voting. MOTION PASSED BY UNANIMOUS CONSENT WITH THE EXCEPTION OF MR. McLANE. Ordinance 90-36: ."Raising the Mill Rate Cap of the Central Peninsula Emergency Medical Service Area from 1 Mill to 1.5 Mills, and Providing "for a Ballot Proposition for Voter Ratification of the Increase" (Mayor @ Req. of SA's) ASSEMBLYWOMAN GLICK MOVED FOR THE ADOPTION OF ORDINANCE 90-36 Mr. Nash reported that due to anticipated public comment, the Finance Committee held recommendation. President Skogstad called for public comments. Mr. Steve O'Connor, Coordinator, CPEMS Mr. O'Connor explained that the employees of the CPEMS are cross -trained in all areas and presented the area covered. The two main areas to be addressed this year are hazardous materials and implementation of a safety and training policy which is underway. Other areas being addressed include: legislation which has a cost impact; development of first responder teams in Kasilof and Funny River and strengthening existing teams in K-Beach and Sterling; capital equipment replacement plan; and the impact of being on a major transportation route. Mr. O'Connor gave an overhead presentation with graphs and charts depicting area, budget, service volume, cost of runs, and *. The average cost per person per year is $66. In 1982 the service area was set up at a cost of 1 mil based on a call volume of 292 runs. At the end of 1989 the call volume increased by 311%, and represents an increase of 17% over 1988. Today we are 14% over the volume last year. CPEMS has the largest call volume of any provider on the Central Peninsula and has experienced the largest increase. The Board has tried to present the option which would take the Service the furthest. The option of asking for .5 mil would take the Service, at its current rate of growth, to go for 5 to 7 years. In 1982 the owner of a $100,000 house would pay at 1 mil $100 for the service. Because of the loss of assessed valuation the same house would pay an additional $25 to $30 for that .5 mil if we used the whole .5 mil. Assemblymember Sewall asked if there were any charges for services outside of the med-evac services. Mr. O'Connor answered there were none. Mr. Sewall asked if there were other charges, Con KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for. June 19, 1990 could the service bill some of those charges to a third party such as insurance. Mr. O'Connor answered that those options were considered, however, by billing every run might net $200,000 assuming an a0% collection rate and would take us 3 to 5 years in the future where the . 5 mil would take us 5 to 7 years. Assemblymember Sewall asked if, when considering billing, what percentage rates would be charged by third --party payers and what percentage would be paid by out of service. area residents who are essentially getting those services from area residents. Mr. O'Connor answered that 30-0 persons served last year were residents of the peninsula but not of the service area which is about 33A of the patient load, assuming that those that were not transported would not be billed. Assemblymember Dash -asked if Mr. O'Connor had any data concerning the large increase. Mr. O'Connor answered that they had been averaging a 10% to 1.5% increase every year. A lot appears to come from the tourists, however, all types of services are up, not just one type. Assemblymember Nash asked for clarification of the commitment of time and cost for first -responder training. Mr. O'Connor explained that a beginning EMT class was 1.60 hours, then continuing education requirements for recertification. The EMT is the lowest level of training the service uses, due to the national study which indicates that the first responder is most important in critical care cases. Assemb-lymember O'Connell asked for clarification of the statement made earlier concerning some public meetings that were not attended by the public. Mr. O'Connor explained that there were ads -placed in the newspapers and on the radio with little or no attendance at the meetings. The group then attended a- "Sound -off" telecast, however, there were no calls. Mr. O'Connell inquired as to why the group felt solicitation of comments was needed. Mr. O'Connor explained that a significant Service is being provided to the community and the service does make a considerable impact on the community. The consensus of those who did respond was that they did not want the level of service cut and beyond that the percentage was approximately 60°s - 40% to'raise the mill cap as - opposed to paying the fee. Assemblymember O'Connell addressed insurance coverage for ambulance fees and asked if this had been presented to those people and Mr. O'Connor answered yes. Mayor Dolly Farnsworth, City of Soldotna. Mayor Farnsworth directed attention to the letter given to the Assembly which was in the. packet and went on to say the need for the increase may be mitigated if the Assembly would consider consolidating the emergency medical service areas into one. Mr. Se ore Mi l l s r Sterling Mr. Mills spoke in favor of any service as long as individual rights are observed. . He stated that he would be against setting a tax on one group and require another group to - pay it whether they want it or not. 7 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19, 1990 Dr. George Garnett, Medical Director for CPEMS and Chairman of the National Rural EMS Committee for the National Association of EMS Physicians. Dr. Garnett informed the Assembly that he had just returned from a conference in Houston of national EMS physicians and attorneys. In the last ten years that Dr. Garnett has been working with this organization, the members of the local EMS organization has built what is considered nationally, a model emergency medical services program. Dr. Garnett explained that he had spoken with attorneys involved in EMS about the responsibility regarding the issue of raising the mil cap versus possibly, cutting services and he found that should the assembly chose not to allow the issue to go to a vote the Borough then, by case law that has been tried in courts outside, would assume a certain liability should the services be cut below the level that are currently, the liability could be significant. If the voters chose to cut the services this would not be the case. Barbara Waters, Kenai Mrs. Waters indicated that recently the Kenai Council addressed the issue of user fees and wished to pass along, some facts that were found when she was doing research on insurance payment of the fees. Car insurance pays for the other party if you have liability. If you are in a collision with someone who does not have insurance it comes out of your pocket. Homeowners insurance is similar. For those who carry insurance, they will pay $500 per year. Kenai was considering a $300 user fee. ..Insurance would cover 1 2/3 rides to the hospital. There was no clear answer on how much Medicare would cover, however, Kenai mentioned $425. The second area to cover are non-residents. For example, I am a resident of Kenai. If I am injured in Kenai I can be transported free, however, if a user fee were in place in the Central Emergency Area and I were injured in Soldotna, I would pay a user fee. Assemblymember Atkinson asked if Mrs. Waters had investigated medical insurance as well as auto and homeowners insurance. Mrs. Waters did inquire about rates and found that the best rates she could find were a flat $500 per year fee. As Mrs. Waters does not carry insurance, this would not be considered a typical rate, but a general rate. Tammy Dexhiemerr, Kasilof. Ms. Dexhiemer is trained as an EMT I and those people in her area have suggested medical help be made available and ask that this issue go to vote. Jane Gabler, Soldotna. Ms. Gabler urged the Assembly to allow this issue to go to the voters. Eric Wilcox., Soldotna. Mr. Wilcox informed the Assembly that he was one of those persons who was going out to the public to discuss the issue. It appears that the majority of people he has spoken to would rather see an increase in their taxes than pay the user fee. The percentages in his group are 80% - 20% in favor of the mil 11901 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19, 1990 increase. None of those persons voiced approval of a cut in services. Laurie Landstrom, Ridgeway. Ms. Landstrom urged the Assemblyto bring the issue to a vote. Dorothy Bishop, Soldotna, Mrs. Bishop urged the Assemblyto bring the issue to a vote. g Ken Hepner, Chair of CPEMS Board. Mr. Hepner explained that he has been on the board for eight years and can speak of the work that has been done on this issue, both in getting g t ng the information available and then in getting community response. Mr. Hepner spoke in favor of allowingthe P will people to vote on the issue. The Board abide by their decision, however, Mr. Hepner expressed his concern with relying on user fees with something as critical as medical care. President Skogstad closed the public hearing. Assemblymember McLane asked what sort of board request would it take to have a merger vote go before the people of the service areas. Mayor Gilman answered that to his knowledge it will be discussed at the next meeting, especially in view of the letter from the City of Soldotna. The mechanism would be an ordinance b the Assembly to place it on the ballot and definingthe Y of a new service district which boundaries would also combine fire and medical. Mr. McLane felt that there is a possibility that a user fee would simply be gravey for insurance companies while our taxpayers ar paying for it. It would a e appear that it is unfair to taxpayers. The mil levy will keep going up. In speaking about the mil rates and how much people are willingt pay, Mr. O'Connell asked if there were an figures ures on o average individual will make u Y g how often an use of the ambulance service. ccording to statistics across the U.S., an avers ' ,.�.Aaxperience one cardiac arrest annuall ga individual will O'Conner answered. we fit i y' per 1,000 people, Mr. n with those averages based on our population base. To carry that further, the U.S. statistics also quote an average person users emergency services once eve five t .seven ears. Mr. � Y O'Connell felt that based on five to seven years it would appear that, taking the example of a $100,000 home that would be a $150 per p year tax at 1.5 mils and in five to seven years that would be approximately $650 to $1,000 that the taxpayer paying,i s If the Assembly were to look at user fees, Mr. O'Connor explained that they would have to be broken down to two categories basic and advanced life supportg rate which would be a range of $375 to $400. The $150 per year tax rate would onlybe true i removed the one mil already in use. That i f You individual is still going 9 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19, 1990 to be paying the $100. Mr. O'Connell felt that the dollar economics speak more to a user fee rather than a mil levy for an individual. Assemblymember Sewall pointed out that very often when governing bodies place something on the ballot, they are taking an advocacy roll. With the recent value decrease it seems the wrong time to be hitting the public with a tax increase. Mr. Sewall pointed out that his area does have user fees and feels it is the way to go with the issue. Regarding the Kenai hearings, Mr. Sewall felt that there were two issues that were confused in that training was addressed at the same time and that the issue did not receive a fair hearing. User fees would be paid, to a certain extent, by non-residents and oil industries. Mr. Sewall suggested that it appear on the ballot as a question of whether a voter preferred seeing taxes or user fees. Assemblymember Moock commended the members of the board who did exhaustive work on gathering information. In discussing user fees with people from her area, Mrs. Moock found they all preferred a raise in property taxes. A further consideration would be the promotion of tourism. Some logic says a user fee would be preferable in that case, however, there are other areas that would not consider hitting up the tourist at the time of an emergency. Mrs. Moock felt that the board has done considerable work on this and it is not a an Assembly decision at this point, it is up to the Assembly to put it to the voters to make that determination. No where in this legislation does it suggest that as an alternative. President Skogstad passed the gavel. Mr. Skogstad agreed that the service area does need additional funding. The concern is that the budget is passed with a mil rate of 5.75 for this year. The Assembly recognized, during the discussions regarding the legislation that set that mil rate that for a number of years the Borough has been operating with deficit spending. With the economy in a declining position the Assembly felt that was the more prudent to use the fund balance. What the Assembly is facing in the next few years is an increase from .15 to 2.0 mils and over plus the additional mil rates that are being requested from the emergency service areas and the other areas. The gavel was returned to President Skogstad. Mr. Atkinson requested a brief At Ease to consult the attorney regarding an amendment. President Skogstad agreed and the Assembly was At Ease. ASSEMBLYMEMBER ATKINSON MOVED TO AMEND ORD. 90-36 BY ADDING A NEW SECTION 2 WHICH WOULD READ THE SAME WITH THE EXCEPTION OF ADDING THE WORD "ADVISORY" AFTER THE WORD "FOLLOWING". CONTINUING ON IT WOULD THEN READ; AFTER THE FOLLOWING OPTIONS WHICH IS YOUR PREFERENCE FOR CPEMS. THE OPTIONS WOULD BE, (1 REDUCTION OF 10 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19, 1990 SERVICES, 2 ) USER FEE, 3 ) MIL LEVY INCREASE, THEN RENUMBER SECTIONS 2 AND 3 ACCORDINGLY, Assemblymember Nash asked for clarification in that the ordinance before the body sets a maximum mil levy. President Skogstad agreed that the amendment in the first part was a little confusing. The first part made it an advisory ballot, and the second part makes it a mil rate increase or user fee. Assemblymember Atkinson clarified his amendment by stating section 2 should read: "the following advisory proposition shall be laced before the voters". p Assemblymember Mullen felt that it is inappropriate to change something of this magnitude at this late hour. The issues that Mr. Atkinson raised will come out at a healthy electoral debate. Some credit should be given to the voter that they will consider the options when they vote for the proposition. Assemblymember Keene felt that the issue is too confusing in that the first second says to go ahead and vote for a 1.5 mil levy and the second section suggests if the first part were approved, then the second section gives options. THE ATKINSON AMENDMENT FAILS BY A VOTE OF 12 NO 3 YES: YES: Sewall, Atkinson, and O'Connell NO: Poindexter, Moock, McLane, Crawford, Glick, Skogstad, Mullen, Brown, Keene, Nash, Superman, and Walli THE GLICK MOTION TO ENACT ORDINANCE 90-36 WAS APPROVED BY A VOTE OF 10 YES, 5 NO: YES: Poindexter, Moock, McLane, Crawford, Glick, Mullen, Brown, Keene, Nash, and Walli NO: Sewall, Atkinson, O'Connell, Skogstad, and Superman Ordinance 90-40: "Changing the Boundaries of the Ridgeway/Sterling Fire Service Area" (Mayor, Req. R/SFSA) ASSEMBLYMEMBER GLICK MOVED FOR ADOPTION OF ORD. 90-40 Mr. Brown reported that the Local Affairs/Lands Committee had a unanimous do pass. President Skogstad Opened the floor to Public Hearing. Mayor Farnsworth spoke against the passage of this ordinance in preference ofsetting one service area to include EMS, Ridgeway/Sterling, Kalifonsky Beach and Soldotna. She made statements to support the opinion that one service area would be a saving in cost and give the EMS the amount they need without a tax increase. 11 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June. 19, 1990 Grace Merkes, representing the Ridgeway/Sterling Fire Department Board, spoke in favor of the Ordinance as presented. She stated that the Board unanimously recommended passage with no amendments. Barbara Olson, representing the K-Beach Fire Service Area Board, spoke in. favor of merging their Fire Service Area with EMS. They felt that this would avoid duplication of the administrative services being performed now and ultimately save. the taxpayers money. Thomas Johnson, Sterling. resident, spoke against the passage of Ordinance 90-40. He felt that the area was large and had no maintained roads, did not have the experti.s.e or equipment to fight oil well fires and that Sterling taxpayers would bear the tax burden to bring equipment in and train personnel to be able to deal witholl . field fires Kristin Lambert, city of Soldotna, spoke in favor- of the ordinance. She stated th the. issue is efficient, good service for EMS for the least price and felt that the best way to do that is to consolidate to provide equivalent service to all areas She listed some concessions that the City of So]dotna would make. Ken Hepner, Chairman CPEMS Service Area Board, spoke. for the Board in support of consolidation of the Service: Areas into one. Lauri Landstrom, Ridgeway, Volunteer Fire and Ambulance person, urged the members to put this to a vote of the. people. She spoke, personally, in favor of the Ordinance. Andy Postichek, Fire Chief, K-Beach Fire Department, spoke in favor of the Ordinance. He stated that thecooperation between all the departments had already produced a higher level of service. He reminded everyone that passage of this ordinance would only be putting the issue before the voters. Steve O'Connor, Administrator, Central Peninsula EMS, spoke in favor of the Ordinance. Jackie Arteno, Longmere Lake area resident spoke in favor of the Ordinance. Seymore, Mills, Sterling resident, spoke against the Ordinance. His concern was the increase in taxes to the property owners. Mr. Mills went into a lengthy speech. After his 3 minute time period was up, President Skogstad cautioned him. Mr. Mills demanded to finish his speech. President Skogstad called a brief recess. The meeting was called back to order by President Skogstad. 12 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19, 1990 Tammi Dexheimer, Kasi lof resident, spoke in favor of the Ordinance, Dave Carey, requested that the Assembly remember that if they did write in the Soldotna Amendment, the people of Sterling would have no chance to expand their own service area without going along with having Soldotna placed in it. He stated that the people in Sterling are strongly against the Ordinance as written. He felt that it was not fair to force Sterling to include Soldotna in any expansion. Assemblymember Brown requested that there be clarification from Mr. Carey as to whether the discussion at this meeting was in regards to the Ordinance as written or if there had been an amendment proposed that they were not aware of. Mr. Carey was not able to answer. Assemblymember Walli questioned Mrs. Merkes by asking as the Service Area expanded their boundaries how they proposed to provide that service. Mrs. Merkes stated that the idea was that the expertise and education was available and that they were not proposing to take in the Funny River area. She stated that they have an agreement with the City of Soldotna to use their facilities until 1994. Eric Wilcox, paramedic with CPEMS, spoke to the question of people on Funny River Road. He stated that they were upset to be informed that they did not have protection. He spoke in favor of the Ordinance. President Skogstad closed public hearing. ASSEMBLYMEMBER MULLEN MADE A MOTION TO POSTPONE ORDINANCE 90-40 UNTIL THE JULY 17TH MEETING AND REFER IT TO THE LOCAL AFFAIRS COMMITTEE. Assemblymember Brown spoke in favor of the motion due to the nature of the proposed amendment. Assemblymember Moock spoke in favor of postponement and stated that she intended to bring forward an amendment at the July 17 meeting. Assemblymember Sewall requested that if the ordinance is postponed it be placed on the agenda so that the public would be aware that it would be coming up. THE MOTION FOR POSTPONEMENT WAS PASSED BY A VOTE OF 13 YES TO 2 NO. YES: Sewall, Poindexter, Moock, McLane, Atkinson, O'Connell, Crawford, Glick, Skogstad, Mullen, Brown, Keene and Walli NO: Nash and Superman President Skogstadrequested that the matter be referred to the Local Affairs Committee. 13 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19, 1990 Ordinance 90-39: "Proving minor amendments to the Kenai Peninsula Borough Coastal Management Program" ASSEMBLYMEMBER CRAWFORD MOVED ENACTMENT OF ORDINANCE 90-39, Mr. Brown reported that the Local Affairs/Land Committee recommended a unanimous "Do Pass". President Skogstad opened the floor for public testimony. None was offered. Ms. Moock noted that the Ordinance was noted as 90-39 (SBST) and asked if there was a difference. Mr. Troeger stated that there was a difference from the original Ordinance. ASSEMBLYMEMBER MOOCK MOVED TO BRING ORDINANCE 90-39 (SBST) TO THE FLOOR. She requested unanimous consent. There was an objection entered. THE MOTION WAS PASSED BY A VOTE OF 13 YES TO 2 NO, YES: Moock, McLane, Atkinson, Crawford, Glick, Sewall, O'Connell, Skogstad, Mullen, Keene, Nash, Walli NO: Brown, Superman Mr. Superman asked which Coastal Zone document was the most current factual document with changes at this point. Sylvia Spearow responded that the purpose of the substitute was so that the Ordinance being approved would be the June 1990 document. She stated that the changes are summarized in the May 15 document. Assemblymember Poindexter asked if Ms. Spearow would point out the references to agriculture in the document. She did so. Unanimous consent was requested. ORDINANCE 90-39(SBST) WAS ENACTED BY UNANIMOUS CONSENT. Ordinance 90-38: "Amending Section 20.16.150 of the Borough Code of Ordinances so that all parties holding an interest to the title of land proposed for subdivision shall sign the plat"(Mayor) ASSEMBLYMEMBER GLICK MOVED FOR THE ADOPTION OF 90-38. Mr. Brown reported that the Local Affairs/Land Committed 14 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19, 1990 recommended a unanimous "Do Pass". No public testimony was offered. Unanimous consent was requested. Assemblymember Keene entered an objection. Mr. Nash had a question regarding Part A, 1, Section 1 under 20.16.155 "...an equitable interest of record...". Mr. Reeves was notable to interpret the language. ASSEMBLYMEMBER NASH MADE A MOTION THAT THE ORDINANCE 90-38 BE POSTPONED AND REFERRED TO THE APPROPRIATE COMMITTEE FOR CLARIFICATION OF THE LANGUAGE, Assemblymember McLane pointed out that the effective date of the ordinance would be immediately upon passage. He questioned if the appropriate agencies could step in immediately, or perhaps some lead time was needed. Mr. Troeger stated that the title companies had indicated that they were able to move on this at any time and felt that there was no problem. Mr. O'Connell questioned who had written the language. Mayor Gilman stated that the Borough Attorney had written the ordinance. Mr. Troeger stated that he had written the ordinance and had borrowed the phrase from another Borough's ordinance. He suggested dropping the word "equitable" and stated that the intent of the wording was to make all owners that appear in recorded documents that have legal interest in the land, sign the plat. Mr. Nash stated that this was not the only problem area of the ordinance. THE MOTION TO POSTPONE FAILED BY A VOTE OF 8 YES TO 7 NO. YES: Crawford, Sewall, Moock, Brown, Keene, Nash, Superman NO: McLane, Atkinson, O'Connell, Glick, Skogstad, Mullen, Walli ASSEMBLYMEMBER GLICK MOVED TO REMOVE "AND EQUITABLE" AND LEAVE IN "ANY LEGAL INTEREST" IN ORDINANCE 90-38 IN SECTION 1, A, (1), AND ALSO IN SECTION 1, A , ( 3 ) AND ONE OTHER PLACE AT THE BOTTOM OF PAGE 11. Unanimous consent was requested. Mr. Nash entered an objection stating that the reasons for A, 1 and 15 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19, 1990 A, 3 appeared to be different. THE GLICK AMENDMENT FAILED BY A VOTE OF 8 NO TO 7 YES. YES: Poindexter, Crawford, Glick, Skogstad, Mullen, Brown, Wal li NO: Sewall, Moock, Keene, Nash, Superman, McLane, Atkinson, O'Connell ASSEMBLYMEMBER MCLANE MOVED TO POSTPONE ORDINANCE 90-38 UNTIL THE JULY 17TH MEETING, Mr. Sewall requested a point of order. Mr. O'Connell pointed out that the motion to postpone was in order to be renewed as long as intervening comments or debate have taken place. THE MOTION TO POSTPONE UNTIL JULY 17TH WAS APPROVED BY A VOTE OF 1 NO TO 14 YES. YES: Poindexter, Crawford, Glick, Skogstad, Mullen, Brown, Walli, Moock, Keene, Nash, Superman, McLane, Atkinson, O'Connell NO: Sewall Ordinance 90-43: "Amend Title 20 of the Borough Code to clarify definition and use of easements shown on subdivision plats" ASSEMBLYMEMBER GLICK MOVED FOR THE ADOPTION OF ORDINANCE 90-43. Mr. Brown reported that Local Af fairs/Lund Committee- recommended a unanimous "Do Pass". No public testimony was offered. Unanimous consent was requested. ORDINANCE 90-43 WAS ENACTED BY UNANIMOUS CONSENT. President Skogstad called for a 10 minute recess. President Skogstad called the meeting back to order. Ordinance 90-46: "Providing an exemption from Kenai Peninsula Borough Chapter 14.06 'Road Standards' to allow acceptance of all existing bridges on Borough maintained roads onto the road maintenance system" (Hearing set for 7/17/90) ASSEMBLYMEMBER GLICK MOVED FOR THE ADOPTION OF ORDINANCE 90-46. Mr. Brown reported that the Local Affairs/Land Committee recommended a unanimous "Do Introduce". No public comment was offered. 16 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19, 1990 Mr. Nash stated that he did not think they were ready for a hearing yet. He had questions regarding standards, cost and enforcement mechanism. He suggested placing it in committee and resetting the hearing date for later. ASSEMBLYMEMBER NASH MOVED TO AMEND THE HEARING DATE TO AUGUST 21. Unanimous consent was requested. THE AMENDMENT TO MOVE THE HEARING DATE TO AUGUST 21 WAS APPROVED BY UNANIMOUS CONSENT. Ms Walli requested to be informed when the roads that have bridges came on line and what the state dictates in regards to Borough participation in maintenance. Unanimous consent was requested for the motion on the floor. THE MOTION TO SET THE HEARING DATE FOR ORDINANCE 90-46 ON AUGUST 21 WAS APPROVED BY UNANIMOUS CONSENT. President Skogstad asked the Public Works Committee to address the concerns prior to the hearing date. Ordinance 90-47: "Providing for area -wide authority of the Kenai Peninsula Borough to fund post -secondary educational programs provided by public colleges and universities located in the Kenai Peninsula Borough subject to a one tenth of a mill tax levy limit" (Moock)(Hearing set for 7/17/90) ASSEMBLYMEMBER MOOCK MOVED FOR INTRODUCTION OF ORDINANCE 90- 47.(HEARING SET FOR 7/17/90) No committee reports. Ginger Steffy, Box 1595, Soldotna, explained why the ordinance was being presented. The intent of the explanation was that the college could come directly to Borough Assembly with budget funding requests instead of going through the school board and being in competition with them for a limited amount of money. Mr. Nash asked that the committee develop a summary to show how the delivery of services varied in relation to the decrease in dollars received from the school board and an indication of what type or level of services were originally anticipated or required for the community college system to provide for those dollars that were being allocated and something that would show the numbers of children and the type of services provided for those children that are still in the secondary program versus the programs that you would give to the adults for those dollars. Ms. Steffy offered to provide packet material in answer to those questions. 17 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19, 1990 Mr. McLane requested information regarding how this would effect the branch colleges on the Peninsula. Ms, Steffy responded that each year the Assembly would be provided with requests for each program. Mayor Gilman asked how much money it took to be a community college. Ms. Steffy responded that the Board of Regents sets that limit at 30% of the General Fund Budget. This would necessitate about $800,000 from local support. Mr. O'Connell asked if any other similar colleges in the state received local funding and to what degree. He also wanted to know when budgets for funding with the state had to be submitted and expressed some concerns as to the degree of local control of the funding. Ms. Steffy mentioned Valdez Community College and Ketchikan College. She also said that FY '92 went forward in April and that the Board of Regents had assured her that it would not be in their own best interests to control the funding. ASSEMBLYMEMBER MOOCK MOVED TO GIVE THE COLLEGE COUNCIL OPPORTUNITY TO MAKE A PRESENTATION TO THE ASSEMBLY ON JULY 17. There was a lengthy question and answer session at this point. Some of the concerns expressed dealt with the amount of control as well as who would have control over money provided to the college by Borough funding programs, the wording of the title to the ordinance and a possible contract agreement between the Borough and the college in providing a grant for budgetary process versus a mill levy, and who could use the money appropriated. Unanimous consent was requested. An objection was entered. THE MOOCK MOTION TO SET THE HEARING ON JULY 17 WAS PASSED BY A VOTE OF 9 YES TO 5 NO. YES: Moock, McLane, O'Connell, Glick, Mullen,. Brown, Nash, Superman, and Walli NO: Poindexter, Atkinson, Crawford, Skogstad, and Keene M. CONSIDERATION OF RESOLUTIONS Resolution 90-74: "Authorizing negotiations with bond bank for purchase of solid waste bond in the amount of $4,660,000"(Mayor)" ASSEMBLYMEMBER GLICK MOVED FOR THE ADOPTION OF RESOLUTION 90-74, 18 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19 1990 Mr. Nash asked that the Borough Finance Director explain the resolution. No public comment was offered. Mr. Kinney Alaska Municipal Bond Bank has the same bond rating as the Borough. He gave an analysis regarding participation with this bank versus offering bonds on our own. The conclusion was that it would be more appropriate and financially astute to sell bonds through Alaska Municipal Bond Bank. Unanimous consent was requested. RESOLUTION 90-74 WAS ADOPTED BY UNANIMOUS CONSENT. - ---Resolution 90-65: "Authorize the Mayor to enter into a grant agreement with the state for road improvements and sub- contract with the City of Soldotna for expenditure of the funds for the second phase of the Knight Drive improvements" (Moock, McLane, Mullen) ASSEMBLYMEMBER MOOCK MOVED FOR THE ADOPTION OF RESOLUTION 90-65, Mr. Brown reported that the Local Affairs/Land Committee recommended by a vote of 4 to 2 to adopt. Mr. McLane reported that the Public Works Committee recommend ed d by a vote of 3 to 2 to adopt. Mr. Nash reported that the Finance Committee did not have enough members present for a quorum, g Mayor Farnsworth, Soldotna, gave a brief history of the Knight Drive project. ect . g p She stated that there is no way the project can be finished without additional funding. Mr.. Keene felt that the Diamond Ridge Road development, costing $500,000 for design and right of way acquisition, w place to spend the money. q as a better Ms. Moock requested clarification City of Soldotna has offered to complete the funding, above money that has been appropriated to the Borough. She felt that it was better to complete a project that was already started. Mr. Nash asked if the City of Soldotna would finish the project if the Governor took funds away. Mr. Underkofler stated that the City of Soldotna does not, at this time, have the money to finish the project and that if the rant doesn't come through the g 9 project will not be done. Ms. Glick reported on conversations that she had with various Q',, KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19, 1990 political entities regarding road issues and appropriating funding in general. ASSEMBLYMEMBER BROWN MOVED TO POSTPONE UNTIL JULY 17, Ms. Moock spoke against Mr. Brown's motion to postpone. Mr...McLane spoke against the motion to postpone. THE MOTION TO POSTPONE WAS DEFEATED BY A VOTE OF 5 YES TO 9 NO. YES: Atkinson, Brown, Nash, Superman, Walli NO: Poindexter, Moock, McLane, O'Connell, Glick, Mullen, Crawford, Skogstad, Keene Mr. Poindexter spoke in support of Resolution 90-65 because of the priority list. Ms. Walli stated that the fact that the Diamond Ridge project has still not been started is a result of politics. Mr. Mullen offered speculation as to the results of the failure of Resolution 90-65. Mr. Superman spoke in favor of the Resolution because he felt that the Diamond Ridge project was more important than the Knight Drive project. RESOLUTION 90-65 WAS ADOPTED BY A VOTE OF 11 YES TO'3 NO. YES: Poindexter, Moock, McLane, Atkinson, Crawford, Glick, O'Connell, Skogstad, Mullen, Brown, Nash NO: Keene, Superman, Walli Resolution 90-68: "Authorizing the award of contract for relocating and installing school district portable classrooms and transfer of funds from various capital projects" ASSEMBLYMEMBER GLICK MOVED FOR THE ADOPTION OF RESOLUTION 90-68, Mr. McLane reported that the Public Works and Education Committee requested that the resolution be pulled from the Consent Agenda. No public comment was offered. Ms. Moock asked why there were additional requests for portables and the new Nikiski High School and the new Seward Elementary school. Mr. Dahlgren reported that the need at Nikiski is due to 7th and 8th grade students needing more "traditional" classroom space, Seward Elementary needs storage space that cannot be built with bonded monies and at Voznesenka it would be less costly to move in a portable than to have the building built and leased from the village. 20 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19 1990 There was a general question and answer session regarding portables around the school district. RESOLUTION 90-68 WAS ADOPTED BY A VOTE OF 1 NO TO 13 YES. YES: Poindexter, Moock, Atkinson, O'Connell, Glick, Mullen, Walli, Crawford, Skogstad, Brown, Keene, Nash, Superman NO: McLane Resolution 90-67: "Requesting Department- of Transportation to enforce state statutes banning outdoor advertising" (Atkinson) ASSEMBLYMEMBER ATKINSON MADE A MOTION TO ADJOURN THE MEETING, THE MOTION TO ADJOURN FAILED BY A VOTE OF 7 YES TO 7 N0, YES: Poindexter, McLane, Atkinson, Crawford, Keene, Superman, and Walli NO: Moock, O'Connell, Glick, Skogstad, Mullen, Brown, and Nash ASSEMBLYMEMBER ATKINSON MOVED FOR THE ADOPTION OF RESOLUTION 90-67. Barbara Waters, Kenai, asked for the incorporation into the resolution of language concerning political signs along the highway. ASSEMBLYMEMBER MOOCK MOVED TO POSTPONE UNTIL JULY 17. THE MOTION TO POSTPONE WAS DEFEATED BY A VOTE OFF_:6 YES TO 8 NO, YES: Moock, McLane, Atkinson, O'Connell, Glick, Keene NO: Poindexter, Mullen, Walli, Sewall, Crawford, Skogstad, Brown, Nash, Superman Mr. Atkinson spoke in favor of the resolution. He referred the body to State Statute No. 1925.080.2. President Skogstad noted the time as 12:00 midnight and ended the session for legislative business. Resolution 90-67 and Resolution 90-46 will be placed at the beginning of the July 17 Agenda. 0. FORMAL PRESENTATIONS Mr. Tom Williams was not present. Mr. Wayne Leitner requested presentation at a later date. P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Chief Al Willis thanked the body for the Resolution and stated that he had 12 enjoyable years working with the Assembly and thanked them. 21 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19, 1990 Mr. Jack- Brown, Kenai Peninsula Caucus, presented a placque to Betty Glick. for her outstanding leadership as President of the Kenai Caucus. Q. MAYOR'S REPORT Mayor Gilman spoke regarding the Assembly's relationship to political entities. He also stated that he felt that the resolution of the problems with Tyonek was -a priority matter. R. OTHER BUSINESS President Skogstad requested written comments from the members regarding Ordinance 90-29 Revising and Recodifying Assembly Procedures, to be submitted before July 11. S. ASSEMBLY AND MAYOR'S COMMENTS Mr. Poindexter requested an excused absence on July 17 to fulfill a grant training obligation. Ms. Moock reported appreciation from the community for the Resolutions of Congratulations that the Assembly on occasion sends out. Mr. Atkinson encouraged everyone to use the recycling bins in the Assembly Chambers. Mr. O'Connell made some comments regarding Ordinance 90-40 Changing the Boundaries of the Ridgeway/Sterling Fire Service Area. He spoke about the need to review layers of bureaucracy involved in serving those desiring service. Ms. Glick reported that the Alaska Municipal League Board of Directors was informed by the Alaska Coalition for Education that they are going to hold meetings with the goal of looking at the performance, financing and governance as far as providing educational programs within the state. She reported that they had appointed an Educational Sub -committee for the Alaska Municipal League Legislative Committee to participate on behalf of the Municipal League. Mr. McLane is a member of the Sub -Committee. Ms. Walli spoke about the possible necessity of becoming a first class Borough. Mr. Superman spoke in agreement with the Mayor's comments regarding the situation at Tyonek. Mr. Nash spoke regarding the supplemental appropriations in the School Board minutes and asked for an explanation of how the Health Insurance Fund works and where the surplus came from. 22 KENAI PENINSULA BOROUGH ASSEMBLY MINUTES for June 19 1990 Mr. Kinney stated that Health Insurance is not a o art Borough Insurance and Litigation Fund. In thep f the budgeted is not expensed, event that the amount p , a surplus occurs. He stated that if the School Board has excess funds at the end of the school e roll back into the General Fund. He informed the Y ar they had no say in how surplus funds members that they P are spent. Mr. Keene requested an excused absence from the Jul 17 Y meeting. Mr. Brown spoke in agreement with Mayor Gilman`s comments Chief Willis for his years of service an � thanked d congratulated Ms. Glick on her award. President Skogstad reminded the Local Affairs/Lands Committee Ordinance 90-40 had a number of issues that needed reviewing. The July 3rd meeting was canceled. There will be a Sales Tax Committee meeting on Jul 2 at • to take u the non- y 7 00 p m p profit criteria. The packet for July �17 will include a reorganized version of the existing code. Mayor Gilman commented regarding the list of school facilities being considered at an expense of $48 million for the 90-9cil1 school l year. President Skogstad adjourned the meeting at 12:37 A.M. July 17, 1990 Date approved f� J es W. Skogsta Assembly President ATTEST: l� Jane A. Surrey, Borough Cler, 23 d. M AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 11 1990 Be SCHEDULED PUBLIC COMMENT 1. Dennis Steffy - Fire Training School 2. Jim Spracher - Anchor Monument/American Merchant Marine Veterans C. PUBLIC HEARINGS 1.9 a. ordinance No. 1387-90 - Increasing Estimated Revenues and Appropriations by $1,600,000 in a New Capital Project Fund Entitled, "Bicentennial Visitors and Cultural Center." b. Substitute Ordinance No. 1387-90 (Includes proposed budget transfer.) 2. ordinance No. 1388-90 - Increasing Estimated Revenues and Appropriations by $20,000 in the 1990-1991 General Fund Budget for the Abatement of Dangerous Buildings. 3. ordinance No. 1389-90 - Increasing Estimated Revenues and Appropriations by $3,240.00 in the General Fund as a Result of Drug Enforcement Administration Forfeitures, 4. Ordinance No. 1390-90 - Increasing Estimated Revenues and Appropriations by $20,000 in the Parks Department for Construction of One Park Shelter, 5. Resolution No. 90-34 - Accepting State of Alaska Grant No. 9/91-906 in the Amount of $500,000 to Construct a Congregate Housing Facility. 6. Resolution No. 90-35 - Authorizing Submission of an Application to the State of Alaska for a Community Development Block Grant (CDBG) Under the DCRA/Rural Development Fund Program, 7. Resolution No. 90-36 - Accepting State of Alaska Grant No. 2/91-931 in the Amount of $3,300,000 to Construct a Congregate Housing Facility. 8. Resolution No. 90-37 - Designating Legal Secretary Diane Craig as Deputy City Clerk. 9. Resolution No. 90-38 - Awarding a Contract for Architectural/Engineering Design and Project Inspection for the Project Entitled "Kenai Bicentennial Visitors and Cultural Center" to Kluge & Associates for the Total Amount of $144,775, The public is invited to attend and participate. Carol L. Freas City Clerk COUNCIL PACKET DISTRIBUTION DATE: Mayor and Council Fire Department v' Police Department Senior Center Library v Parks & Rec. AGENDA DISTRIBUTION Borough Clerk ..- Anchorage Times Public Wks. Sec. Public Wks. Shop Bldg. Maintenance Bldg. Official Streets Anchorage News Bulletin Board &N Attorne 'f Y City Manager Finance ''e, Public Works Airport Chamb er Assembly� Animal Control Dock (Season) L000" STP 00000" Legal Sec, KCSY KSRM Clerk K. Viall Kim ✓� Clarion J.LaShot Commissions Airport Aging EDC Library Harbor Pks & Rec. P&Z DELIVER Council Packets to Fire Department Clarion Packet to the Clarion with published agenda prior to 5:00 P.m. P