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HomeMy WebLinkAbout1992-07-15 Council PacketKenai City Council Meeting Packet July 15, 1992 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 15, 1992 7:00 p.m. WORK SESSION - COMMISSIONER THEODORE A. MALA, HEALTH & SOCIAL SERVICES. A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) I. Joe Demaree - Joe's Laundry/Water & Sewer Service. C. PUBLIC HEARINGS 1. Ordinance No. 1506•-92 - Increasing Estimated Revenues and Appropriations by $5,983,000 in the Court Facility Capital Project Fund. 2. Ordinance No. 1507-•92 - Amending Kenai Municipal Code Section 14.15.100 Entitled, "Plan Adopted." 3. Resolution No. 92-49 - Awarding a Contract for the Construction of the: Alaska State Court House, Kenai, Alaska, to G&S Construction for the Total Project Construction Amount. of $4,704,000.00. 4. a. 7/3/92 D. Slone Letter - Kenai Congregate Housing Extended Services - Clarification. b. Resolution No. 92-50 - rransferring $89,600 in the Senior Citizen Congregate Housing Capital Project Fund for Additional Inspection Services. 5. Resolution No. 92-51 - Amending the Agreement on the Alaska State Courthouse, Kenai, Between the City and -1- McCool, Carlson, Green to Include the Construction Phase - Administration of the Construction Contract (Inspection) for a Not -to -Exceed Amount of $162,952.00. 6. Resolution No. 92-52 - Authorizing the Leasing of Real Property of the City Described as Lots 10, 11 and 12, Cook Inlet Industrial Air Park, According to Plat No. K-1448, Kenai Recording District, Third Judicial District, State of Alaska, to the State of Alaska for a New Courthouse; the execution of an Agreement of Lease of Said Property Between the City and the State of Alaska, and an Assignment of Said Lease; and Providing for Related Matters. D. COMMISSIONICOMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of July 1, 1992. F. CORRESPONDENCE 1. *7/6/92 Joe A. Marks letter regarding Kenai Fire Department Paramedics. G. OLD BUSINESS 1. Discussion - vintage Pointe Manor/Manager Contract Proposals. H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1508-92 - Amending KMC 23.05.010 to Comply with Lawful Employment Qualifications. 4. Approval - Assignments of Lease - Katmai Motel, Lots 1 & 1A, Aleyeska Subdivision, Part 3. -2- 5. Approval - Townsit:e Historic Task Force. 6. Approval - Petition to Vacate Portion of ADL 63572 Right -of -Way and Utility Easement Within Tract A, Shoreline Heights Subdivision, Section 26, T6N, R12W, S.M., Alaska. 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 (five minutes) 2. Council R. ADJOURNMENT -3- MAYOR'S REPORT JULY 15, 1.992 COUNCIL MEETING CHANGES TO THE AGENDA ADD: C-1, Substitute Ordinance No. 1506-92 - Increasing Estiamted REvenues and Apporopriations by $5,462,915 in the Court Facility Capital Project Fund. C-4(a) - Substitute Page 2 of letter. C-6, Substitute Resolution No. 92-52. H-7, Discussion - Kenai Hotel, Motel, and Bed & Breakfast Association - Bed Tax Ordinance/Proposed Alternative Solution. I-1, Mayor's Report a. Conceptual Plan for Development of New PTI Facility in the City of Kenai. b. 7/14/92 Charles A. Brown memorandum remarks in regard to the PTI proposed plan. CHANGES TO THE CONSENT AGENDA MAYOR'S REPORT DISCUSSION 1. Ground breaking ceremony for the Court House - July 27, 10:00 a.m., Trading Bay property. Small reception at Airport Cafe following. 2. Airport Security -- break-ins at car rentals. 3. Soldotna "Progress Days"' - All America City banner. 4. After seating the Towns:ite Historic Task Force, suggest a meeting (formal or informal) for August 4 at 7:00 p.m. in the Council Chambers. Lizbeth Henning, a representative from the National Trust for Historic Preservation and Judith Bittner, State Historic Preservation Officer, have offered to come and discuss resources available through their offices. Ell N Coo PEG & ROY'S LAUNDRY AND DRYCLEANERS ENT d/b/a ,DOE'S LAUNDRY P.O. BOX 1125 KENAI, ALASKA 99611 (907)283-7808 x a> Dear Sirs, I took over Peg and Roys Laundry, February 2, 1991. At that time I went to City Hall and put up my deposits and had the water and sewage put in my name. I was under the impression that the Business was on City water and Sewage, and since you took my deposit and put the future bills in my name I assumed you were under the same impression. Now I find that I am not on the City Sewer and never have been. I am doing everything in my power to get hooked up to the City sewer at this time. I am however having somewhat of a hard time finding anyone available at this time to do this, as most contractors are busy this time of year. This business is my whole means of support. I bought it in good faith. I have been paying a sewer bill for 17 months. So the City owes me a sizeable refund, and or hooking my business up to the City Sewer, which ever is the lesser cost. Time is of the essence to me, as I do Commercial Laundry and have deliveries that have to be made twice a week. I look forward to hearing from you, and working with you on this matter. Thanking you in advance for assisting me with this matter. Joe's Laajipdry and Dry Cleaners oe Demaree, Owner/Operator Suggested by: Administration City of Kenai ORDINANCE NO_ 1506-92 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $5,983,000 IN THE COURT FACILITY CAPITAL PROJECT FUND. WHEREAS, tie City is planning to construct a new court facility for the State -f Alaska, financed by grant monies and loan proceeds; and WHEREAS, the City will Lease the facility .o the State and will assign its rights i.n the lease -.-o the lender. NOW, THEREFORE, BE IT ORDAINED 3Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Court Facility Capital Project Increase Estimated Revenues: State Grant (through Dept. of Revenue) $1,100,000 Loan Proceeds (through Dept. of Revenue) 4,883,000 $5,983,000 Increase .Appropriations Administration $ 10,000 Engineering 1.0,000 Inspect -Lon 163,000 Construction 5,600,000 Contingency 200,000 $5,983,000 PASSED BY THE COUNCIL OF' THE CITY OF KENAI, ALASKA, this 15th day of July, 1992. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 1, 1992 Adopted: July 15, 1992 Effective: July 15, 1992 Approved by Finance: C2 (6/23/92) k:1. �-I SUBSTITUTE Suggested by: Administration Ci'--y of Kenai ORDINANCE NO. 1506-92 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $`i,462,915 IN THE COURT FACILITY CAPITAL PROJECT FUND. WHEREAS, the City is planning to construct a new court facility for the State of Alaska, financed by grant monies and loan proceeds; and WHEREAS, the City will lease the facility to the State and will assign its rights in the lease to the :_ender. NOW, THEREFORE, BE IT OP.DAINED 13Y THE COUNC.'IL OF THE CITY OF KENAI, ALASKA, that. estimated revenues and appropriations be increased as follows: Court Facility Capital Project Increase Estimated Revenues: State Grant (through Dept. of Revenue) $1,188,415 Loan Proceeds (through Dept, of Revenue) 4,274,500 $5,462,915 Increase Appropriations: Administration $ 30,000 Professional Services <15,000> Engineering 18,415 Other Engineering 40,000 Inspect:_i.on 175,000 Construction 4,803,500 Contingency 411,000 $5,462,915 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 1992. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City ClerK Introduced: July 1, 1992 Adopted: July 15, 1992 Effective: July 15, 1992 Approved by Finance: Cc?j_ (6/23/92) k :L C - MEMORANDUM TO: Kenai City Council FROM: Charles A. Brown, Finance Director DATE: July 15, 1992 C a d RE: Court House Appropriation A substitute to Ordinance No. 1506-92 is attached. The amounts in the ordinance are based upon the following estimates: Amount Notes Administration/Issuance Costs: Title Insurance $ 7,400 Builder's Risk Insurance 15,000 Bond Counsel 15,000 Dept. of Revenue fee 55,000 Retained from proceeds Other 7,600 Design 275,000 Civil Engineering 40,000 Inspection 175,000 Equip. & Furniture 25,000 Paid by State Art, 49,500 Card Key System 50,000 Video Arraignment 200,000 Paid by State Construction Contract 4,704,000 Contingency 411.,000 Total Costs 6 029,500 Financed by: City State Expenditure Expenditure 1.5 Million Grant: Equip. & Furniture $ - $ 25,000 Other 1,475,000 - Less Previous Approp. < 286,585> - Current Approp. $1,188,415 Second State Grant: Video Arraignment - 200,000 Debt Proceeds: All Remaining Costs 4,274,5.00 55,000 Total, this Appropriation $5,462,915 280 000 Reconciliation: Previous Appropriation $ 286,585 This Appropriation 5,462,915 Paid by State 280,000 Total Costs $6,029,500 Note: Closing of financing may be as late as July 24, 1992. The above amounts are subject to change. Debt proceeds shown above are grossed up by interest earnings while held in State Treasury, but are net of certain marketing costs. The City Council can expect a supplemental ordinance at a later date. CAB/kh MEMORANDUM TO: Mayor and Councilmembers FROM: Jack LaShot, City Engineer f City of Kenai DATE: July 10, 1992 RE: ORDINANCE NO. 1507-92 The original coinciding P&Z resolution was placed before the Planning & Zoning Commission for action at their meeting of June 24, 1992. A substitute resolution to correct the errors was before P&Z at their July 8, 1992 meeting. The substitute resolution failed. Commissioner Bannock requested reconsideration on the resolution. Please postpone action on Ordinance Now 1507-92 until the Council Meeting of August 5, 1992. JL/clf Suggested by: Planning & Zoning CITY OF KENAI ORDINANCE NO. 1507-92 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KENAI MUNICIPAL CODE SECTION 14.15.110 ENTITLED "PLAN ADOPTED". WHEREAS, section 14.15.110 of the KMC deals with the adoption of a street naming plan for the City of Kenai; and, WHEREAS, that section reads: 14.15.!10 Plan Adopted: For the purpose of clarifying and systemizing the present street naming pattern in the City of Kenai and to implement the application of the matters set forth in KMC 14.15.010 herein, there is hereby adopted the following plan: (a) The Planning and Zoning Commission is hereby authorized to prepare and present to the Council a complete plan for naming all streets, avenues, and public ways within the City in accordance with KMC 14.15.010 through 14.15.140. WHEREAS, the Planning and Zoning Commission has not presented such a plan, and it has been suggested by the Kenai Peninsula Borough Planning Department:, that the city code set policies and procedures for street naming and street name changes, and possibly develop procedures to address notification and public hearings; and, WHEREAS, on March 17, 1992, the Kenai Peninsula Borough adopted Ordinance 92-09 repealing Chapter 20.32 of the Borough Code of Ordinances and enacting a new Chapter 14.10 to govern naming of streets; and WHEREAS, the Planning and Zoning Commission recommends that the KMC should be updated to reflect the same criteria of street naming as the Kenai Peninsula Borough; and, NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that. the Code of Ordinances is hereby amended to read: 14.15.110 Plan _Adopted: For the purpose of clarifying and systemizing the present street naming pattern in the City of Kenai and to implement the application of the matters set forth in KMC 14.15.010 herein, there is hereby adopted the following plan: [(a) THE PLANNING AND ZONING COMMISSION IS HEREBY AUTHORIZED TO PREPARE AND PRESENT TO THE; COUNCIL A COMPLETE PLAN FOR NAMING ALL STREETS, AVENUES, AND PUBLIC WAYS WITHIN THE CITY IN ACCORDANCE WITH KMC 14.1.5.010 THROUGH 14.15.140. (b) IF SAID COMMISSION SHALL FIND AN EXISTING STREET NOW CARRYING MORE THAN ONE NAME., IT SHALL RECOMMEND THAT SAID STREET SHALL BEAR THE NAME UNDER WHICH IT NOW CURRENTLY TRAVERSES THE LONGEST DISTANCE BOTH INSIDE AND OUTSIDE THE CITY LIMITS UNLESS CIRCUMSTANCES INDICATE THAT ANOTHER AND DIFFERENT NAME WOULD BE DESIRABLE. THE COMMISSION MAY HOLD PUBLIC HEARINGS AT WHICH INTERESTED PROPERTY OWNERS MAY EXPRESS THEIR VIEWS CONCERNING THE CHANGING OF THE NAME OR NAMES OF ANY STREET. (KC 14-71)] (a) The provisions of Ordinance 14.10 of the Kenai Peninsula Borough, are hereby enacted by reference herein as though the language of said ordinance were set forth in full herein. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the 22nd day of July, 1992. ATTEST: Carol L. Freas, City Clerk JOHN J. WILLIAMS, MAYOR First Reading: Second Reading: Effective Date: July 1, 1992 July 22, 1992 August 22, 1992 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ 92-15 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KENAI MUNICIPAL CODE SECTION 14.15.110 ENTITLED "PLAN ADOPTED". WHEREAS, section 14.15.110 of the KMC deals with the adoption of a street naming plan for the City of Kenai; and WHEREAS, that section reads: 14.15.110 Plan Adopted: For the purpose of clarifying and systemizing the present street naming pattern in the City of Kenai and to implement the application of the matters set forth in KMC: 14.15.010 herein, there is hereby adopted the following plan: (a) The Planning and Zoning Commission is hereby authorized to prepare and present to the Council a complete plan for naming all streets, avenues, and public ways within the City in accordance with KMC 14.15.010 through 14.15.140. WHEREAS, the Planning and Zoning Commission has not presented such a plan, and it has been suggested by the Kenai Peninsula Borough Planning Department, that the city code set policies and procedures for street naming and street name changes, and possibly develop procedures to address notification and public hearings; and, WHEREAS, on March 17, 1992,.'the Kenai Peninsula Borough adopted Ordinance 92-09 repealing Chapter 20.:32 of the Borough Code of Ordinances and enacting a new Chapter 14.10 to govern naming of streets; and WHEREAS, the Planning and Zoning Commission wishes to adopt the same standards of street naming and street name changes as the Kenai Peninsula Borough; and, NOW, THEREFORE BE IT RECOMMENDED TO COUNCIL OF THE CITY OF KENAI, ALASKA, BY THE PLANNING AND ZONING COMMISSION, that the Code of Ordinances is hereby amended to read: 14.15.110 Plan Adopted: For the purpose of clarifying and systemizing the present street naming pattern in the City of Kenai and to implement the application of the matters set forth in KMC 14.15.010 herein, there is hereby adopted the following plan: [(a) THE PLANNING AND ZONING COMMISSION IS HEREBY AUTHORIZED TO PREPARE AND PRESENT TO THE COUNCIL A COMPLETE PLAN FOR NAMING ALL STREETS, AVENUES, AND PUBLIC WAYS WITHIN THE CITY IN ACCORDANCE WITH KMC 14.15.01.0 THROUGH 14.15.140. (b) IF SAID COMMISSION SHALL FIND AN EXISTING STREET NOW CARRYING MORE THAN ONE NAME. IT SHALL RECOMMEND THAT SAID STREET SHALL BEAR THE NAME UNDER 'WHICH IT NOW CURRENTLY TRAVERSES THE LONGEST DISTANCE BOTH INSIDE AND OUTSIDE THE CITY LIMITS UNLESS CIRCUMSTANCES INDICATE THAT ANOTHER AND DIFFERENT NAME WOULD BE DESIRABLE. THE COMMISSION MAY HOLD PUBLIC HEARINGS AT WHICH INTERESTED PROPERTY OWNERS MAY EXPRESS THEIR VIEWS CONCERNING THE CHANGING OF THE NAME OR NAMES OF ANY STREET.] _ l The provisions of Ordinance 14.10 of the Kenai Peninsula Borough, are hereby enacted by reference herein as though the language of said ordinance were set forth in full herein. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, the day of , 1992. Graveley, Chairman ATTEST: Loretta Harvey, Planning Secretary 14.15.100-14.15.140 14.15.1.10 Plan Adopted.: For the purpose of clarifying and systematizing the present street naming pattern in the City of Kenai and to implement the application of the matters set forth in KMC 14.15.010 herein, there is hereby adopted the following plan: (a) The Planning and Zoning Commission is hereby authorized to prepare and present to the Council a complete plan for naming of all streets, avenues, and public ways within the City in accordance with KMC 14.15.010 through 14.15.140. (b) If said Commission shall find an existing street now carrying more than one name, it shall recommend that said street shall bear the name under which it currently traverses the longest distance both inside and outside the City limits unless circumstances indicate that another and different name would be desirable. The Commission may hold public hearings at which interested property owners may express their views concerning the changing of the name or names of any street. (KC 14-71) 14.15.1.20 Plats to Bear Street Names: Every subdivision plat submitted to the Council for their approval after the effective date of this chapter shall bear upon its face the report of the Planning and Zoning Commission of the proper names of any and all streets or other public ways thereafter dedicated to the public use within the jurisdiction. (KC 14-71) 14.15.130 Effec-tive Date: The system of house, building, or other structure numbers assigned under the provisions of KMC 14.15.010, through 14.15.120, and all.street numbers and names established pursuant to said Code provisions shall become effective on the 16th day of May, 1980. (KC 14-73; Ord. 200, 558) 14.15.140 Renaming Streets: The Council by resolution may change, rename, or name an existing street or newly established street within the limits of said City at any time after the adoption of this chapter upon recommendation of the Planning and Zoning Commission, and after consultation with the Kenai Peninsula Borough, and any other municipality directly affected thereby. (KC 14-74) 14-14 (Ci_y of Kenai Supp, #44 - 5/8/37) Ca t--. Introduced by: Mayo, Date: 02J 18/9< Hearing: 03/17/92 Amended: 03t17/92 Action: Enacted Vote: 14 yes, 1 no KENAI PENINSULA BOROUGH ORDINANCE 92-09 AN ORDINANCE REPEALING CHAPTER 20.32 OF THE BOROUGH CODE OF ORDINANCES AND ENACTING A NEW CHAPTER 14.10 TO GOVERN NANM,G OF STREETS AND ALSO ENACTING A NEW CHAPTER 14.20 ESTABLISHING A UNIFORM SYSTEM OF STREET ADDRESSES WHEREAS, the borough is preparing to enhance its existing 911 emergency communication system, hereafter referred to as E911; and WHEREAS, the purpose of the E911 system is to provide more effective emergency communications with spend and accuracy for as many residents of the borough as possible; and WHEREAS, it is essential for emergency dispatch and response personnel to know with certainty the location of the emergency; and WHEREAS, a logical solution of numbering street addresses and clearly defined street names, each clearly posted, is critical for locating the emergency situation; and WHEREAS, such a logical system will aid in the delivery of mail, locating utility services, verifying voting precinct boundaries and other useful purposes; and WHEREAS, a committee formed under the direction of the E911 board has examined various options for a uniform system of street addressing; and WHEREAS, the E911 board hay accepted the recommendation of the committee to adopt the existing systen•, with modification where necessary, which was originally established ,)y 'he Glacier State Teleph,)ne Co. and further maintained by its successor P.T.1. C omrnunications; and WHEREAS, it is necessary tc7 c n v emsnn Chapter '0.3:; NOW, THEREFORE, BE 1T ORDAINED BY TIE ASSEMBLY OF THE KENAI PF—Nl-. 'SULA BOROUGH: N Kenai Peninsula Borour.n, Alaska Ordinance G? G4 Section 1. That the Kenai Peninsula Borough Code of Ordinances is hereby amended by repealing Chapter 20.32 and adding a new chapter entitled "Street Naming Methods" to be numbered KPB 14.10 which shall read as follows: STREETNAMING METHODS Sections: 14.10.010 Purpose and Authority. 14.10.020 Street defined. 14.10.030 Street name map. 14.10.040 Street names. 14.10.050 Renaming streets. 14.10.060 Unnamed streets. 14.10.070 Street name suffixes. 14,10,010 Purpose and Authority. A. The purpose of this chapter is to establish an official method of naming streets within the rural district of the borough and to establish an official map showing all official street names. B. The planning commission, acting upon recommendations from the administration and after hearing public testimony, when applicable, shall establish the official name of a street within the rural district of the borough. 14.10,020 Street defined. The term street(s) as used in this chapter, except as defined under section 14.10.060(B) and used in section 14.10.070(B), is construed as a general term to describe a right-of-way dedicated to public use for access purposes. 14„ 10.030 Street name map. The existing series of borough base maps, scale 1" = 500', prepared and maintained in the Resource Planning Department are adopted as the official street name maps of the borough. A. The official street name maps shall supersede, where applicable, street names shown on subdivision plats or ether recorded documents. B. Future revisions and updates of the existing base map series may be accomplished by utilizing the computerized Geographic Information System which may produce official street name maps at other appropriate scales. C. Copies of the official street name maps shall be made available upon request to any agency and the public upon receipt of payment for reproduction costs, when applicable. D. Street names adapted by action of an in.-orporated city within the borough shall be recognized on the official street name map. 14.10.040 Street names. A. tDficial street names shall be established in accordance with the following: 1. A new or charged street name ihall not be a duplicate of any existing name. A different suffix (street. avenue, etc.) does not constitute a different name. A new right-of-way created by the subdivision process which is a direct Kenx Peninsula Borough, Alaska Ordinance 92-09 Page 2 of 7 IL extension or has the same alignment as an existing named right-of-way shall bear the existing, name. 3. No street shall be designated by a letter or number unless such designation is part of a localized development plan. 4. No street shall have a name sounding similar to or identical with any other named street. 5. Street names containing a directional connotation such as Northwoods Avenue or Eastwind Street are to be avoided. 6. A directional prefix, i.e. East Fox Avenue, West Fox Avenue, shall only be used as necessary or caused by the grid addressing system contained in Chapter 14.20. B. The planning commission, after consideration of all factors and public testimony, may allow exceptions to the foregoing upon a finding that the public interest is not harmed. 14 10.050 Renaming streets. A.' The planning commission, upon a finding that an existing street name conflicts with or duplicates another existing street name thereby causing confusion as to the exact location of either street, shall officially rename the street(s) in accordance with section 14.10.040. 1. The planning commission shall conduct a public hearing under the provisions of KPB 21.11 prior to taking official actions on any street name change. 2. Due deference will be given to local or historic acceptance of existing street names to the extent possible. 3. Street(s) renamed shall become official upon recording a planning commission resolution with the appropriate district recording office and noting such change on the street name map. 4. Upon recording a street name change the Resource Planning Department shall notify by certified mail all affected property owners, all affected public agencies and utility companies. B. Any person or agency may also propose a street name change by submittal of a petition to the planning commission. The petition shall contain: 1. The existing street name; 2. The proposed street name; 3. Justification for changing the street name; 4,. The signatures of seventy-five percent (75 %) of the owners fronting the street together with the related legal description of their property; 5. A map shoeing the location of the street; 6. A fee in the amount determined by resolution of the planning commission. a. Street names changed by petition shall be in accordance with section 14.10.040. b. The procedures for renaming a street by petition shall be in accordance with section 14.10.0-40(A}. 14. 10.060 Unnamed stre °!s. A. All unnamed streets that have been recognized as public rights -of -way by reason of a prev;ouslti ti'.ed subdivision plat or other recorded document shall be officially named by the planning commission in accordance with section 14.10.040 and under the arocedures of section 14.10.050(A). Kenai Peninsula Borougb, Alaska ordinance 92-09 Pace 3 or 7 t Supp. #34 APPENDIX A NVH-L SS:3-1 _LS:3m (Ord. 85--35 51 (past) , 1985) . CD z_ a z F-- w w cr F- cn w 0 0 0 z w 0 0 0 ao Q J En _z z w CL Q z w Y 177-10 (Kenai Peninsula Borough 10/95) Suggested by: City C4 CITY OF KENAI RESOLUTION NO. 9249 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE C'ONSTRUC'TION OF THE ALASKA STATE COURTHOUSE, KENAI, ALASKA TO G & S CONSTRUCTION FOR THE TOTAL PROJECT CONSTRUCTION AMOUNT OF $4,704,000.00. WHEREAS, the following bids were received on July 10, 1992 for the above referenced project: CONTRACTOR G & S CONSTRUCTION GASTON & ASSOCIATES UNIT COMPANY KOROBKIN STRAND, INC. ARCHITECTS ESTIMATE TOTAL PROJECT BID $4,7040000.00 4, 871, 000.00 5,264,200,00 5,269,478,00 5,2 80, 000. 00 5,389,861,00 WHEREAS, the project is roughly described as furnishing all labor, materials, and equipment to construct a 31,770 SF new Alaska State Courthouse in Kenai with related site work, and WHEREAS, the recommendation from M:cCool, Carlson, Green, the project design consultant, the State of Alaska Court System, and the Public Works Department, is to award the contract to G & S Construction for the total project construction bid amount of $4,704,000.00, and WHEREAS, the Council of the City of Kenai has determined that G & S Construction's bid of $4,704,000.00 for the Alaska State Courthouse, Kenai, is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, this resolution is contingent on receiving financing and approval from the State of Alaska Court System, and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of ALASKA STATE COURTHOUSE, KENAI, ALASKA be awarded to G & S Construction for the total project construction amount of $4,704,000.00, subject to approval of the State of Alaska Court System and subject to financing. PASSED BY THE COUNCIL. OF THE CITY OF KENAI, ALASKA this 15th day of July, 1992. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: C9 Written by Public Works: 7/8/92/kv July 3, 1992 Mr. Keith Kornelis, PI: Public Works Director City of Kenai 210 Fidalgo Kenai, Alaska 99611 Q. `, Urscvsa�o tie JUL 1992 G'oA�-sRAcT Ante Architecture Engineering Ctrtk r F� cif rro Planning Interior Design C.N W B2i N-r0 1_J.. i;`�,•,q(; (]nnf Incorporated t, E F"rEn; Subj.: CA Phase Fees for Extended Services 9 �s�9a FOR COUNCIL MEETING OF Ref.: Kenai Congregate Housing [vj City Mgr. —� Attorney LSI PN: 9017.00; FN: 1.1 ublic Works —Q City Clerk Finance —[] Dear Keith: Original To �� Submitted bye Council OK []No []Yes Ck- I appreciate the time you, the Mayor and the Council took to consider our proposal for extended construction phase services..1 have considered the motion passed by the Council and find it generally acceptable, with clarifications. It is my understanding that the Council approved an increase to our Not -To -Exceed contract amount by $89,600 with the following provisions (A and B): A. That this be the final increase except for any Additional Services authorized by the Council. LSI Clarifications: 1. This is acceptable to the extent that the amount is for the basic services currently described in our agreement (that is, we are not agreeing to provide any different services than those required by our agreement); and 2. The amount is for services through August 27, 1992. If any services are required after that date, we cannot guarantee that they can be covered, unless sufficient unspent funds remain. B . That the City reserved the right to pursue any claims it may have against Livingston Slone, Inc. 1. We intended the discount offer of over $62,000 to be a settlement in exchange for the City waiving claims against LSI. However, the Council indicated that they wanted the discounts but did not agree to waive any claims. 2. I can understand the Council's concern that it does not want to be in a position of waiving claims. On the other hand, the claims waiver was our only incentive for offering the discounts. We are disappointed the City did not want to accept this compromise offer. Thomas W. Livingston, AIA Donald E. Slone, PE 3900 Arctic Blvd. Suite 301 Anchorage, Alaska 99503-5790 (907) 562.2058 FAX (907) 561-4528 Mr. Keith Kornelis 7/3/92 Page 2 3. Even so, we still want to make this amendment work for both parties. We are still willing to offer the discounts if the following applies: a. The discounts will only apply if there are no successful claims against LSI that involve the City to any extent, including "pass -through" claims. b. If there is a successful claim (one that results in a legally binding requirement for payment by LSI), the amount of the discounts will be first credited by the City against such payments. c. Mechanically, it would work like this: we would calculate and offer the credit with each invoice. The City would pay the invoice amount after the discount, keeping track of the total discount. If there was a successful claim against LSI, the City would first apply the total discount and LSI would only be liable for the balance. Keith, thank you for the City's and the Council's efforts in considering our proposal and the cooperation demonstrated by passing the resolution. We think these clarifications are consistent with the intent of the resolution and trust they are acceptable to the City. Please provide a formal modification to our agreement so that we can continue services. Sincerely, LIVINGSTON SLONE, INC. Donald E. Slone, PE President 1791-1991 CITY OF KENAI „a G'dpiw 4 4i"� if 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 Confirmation Copy July 7, 1992 VIA FAX Livingston Sloan, Inc. Donald E. Sloan, P.E., President 3900 Arctic Blvd., Suite 301 Anchorage, AK 99503-5790 Re: Kenai Congregate Housing Dear Mr. Sloan: I am in receipt of the letter you sent to Keith Kornelis, dated July 3, 1992, in response to the Kenai City Council's proposal to Livingston Sloan to resolve some questions pertaining to the contract with Livingston Sloan. Your letter deviates from what the City Council proposed as a resolution of the contract between Livingston Sloan and the City of Kenai. Your counterproposal will be presented to the City Council in the packets that they receive on Friday, July 10, but the Council will not have them under legal discussion until the Council meeting on July 15. Sincerely, v� Wm. rJ�.�Brighton City Manager /kh J U L- 1 5-y z wt=]J 1 5 qE 4 L I �{ I NGSi ON SLONE Mr. Keith Komelis M 92 Page 2 3. Even so, we still want to make this amendment work for both parties. We F8H! Do am still willing to offer the discounts,' I t involve the City to any extent, including "pass-throu S. If there is a s sful claim (one that results in a y binding requirement for pa by LSn, the ammo the discounts will be first credited by the City a t suc nts. Mechanically. it would like this: ould calculate and offer 0 e credit with each' cc, The City would pay ' voice amount aftc the discON1 eeping track of the total discount. If was a Sul claim against I.SI, the_City would first apply the Keith, thank you for the City's and the Council's efforts in considering our proposal and the cooperation demonstrated by passing the resolution. We think these clarifications are consistent with the intent of the resolution and trust they are acceptable to the City. Please provide a formal modification to our agreement so that we can continue services. Sincerely, LIVINGSTON SLONE, INC. Donald E. Slone, PE President Y ;3uggested by: City Council City of Kenai RESOLUTION NO. 92 -50 A RESOLUTION 01' THE: COUNCIL OF 'THE CITY OF KENAI, ALASKA TRANSFERRING $89,600 IN THE SENIOR CITIZEN CONGREGATE HOUSING CAPITAL PROJECT FUND FOR ADDITIONAL INSPECTION SERVICES. WHEREAS, the City Counci.L has authorized an addition to the inspector's contract on the congregate housing project. NOW, THEREFORE, BE IT RESOLVED :BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that, the following budget transfers be made: Senior Citizen Congregate Housing Capital Project From: Construction $89,600 To: Inspection $89,600 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 1992. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Ccre2 (7/8/92) k:l. h Suggested by: Administration CITY OF KENAI RESOLUTION NO. 92-51 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE AGREEMENT ON THE ALASKA, STATE COURTHOUSE, KENAI BETWEEN THE CITY AND MCCOOL, CARLSON, GREEN TO INCLUDE THE CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT (INSPECTION) FOR A NOT - TO -EXCEED AMOUNT OF $162,952.00. WHEREAS, the City of Kenai. entered into an agreement with McCool, Carlson, Green to furnish the schematic design, design development, construction documents, and bidding phases on the Alaska State Courthouse, Kenai for a not -to -exceed amount of $256,585.00 according to Council Resolution No. 92-16, and WHEREAS, this amendment includes, but is not limited to, design review, project construction management, coordination, quality control, providing record drawings, quantity computations, review of certified payrolls, changes, pay estimates, shop drawings, submittals, inspection services, etc., and WHEREAS, this resolution is contingent on receiving financing and approval from the State of Alaska Court System, and WHEREAS, sufficient funds are appropriated; and WHEREAS, the Kenai City Council feels, that it is in the best interest of the City of Kenai to award this inspection contract to McCool, Carlson, Green for a not -to -exceed amount of $162,952.00. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the agreement between the City of Kenai and McCool, Carlson, Green on the Alaska State Courthouse, Kenai, be amended to include the construction phase administration of the construction contract (inspection) for a not -to -exceed amount of $162,952.00, subject to approval by the State of Alaska Court System and subject to financing. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 1992. JOHN J. WILLIAMS, MAYOR ATTEST: Carol Freas, City Clerk Approved by Finance: e-'-qa Written by Public Works: A 5e suggested by: City Council City of Kenai RESOLUTION NO. 92-52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE LEASING OF REAL PROPERTY OF THE CITY DESCRIBED AS LOTS 10, 11 AND 12, COOK INLET INDUSTRIAL AIR PARK, ACCORDING TO PLAT NO. K-1448, KENAI RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA, TO THE STATE OF ALASKA FOR A NEW COURTHOUSE; THE EXECUTION OF AN AGREEMENT OF LEASE OF SAID PROPERTY BETWEEN THE CITY AND THE STATE OF ALASKA, AND AN ASSIGNMENT OF SAID LEASE; AND PROVIDING FOR RELATED MATTERS. WHEREAS, the City of Kenai, Alaska (the "City"), is a home rule city and under Section 11 of Article X of the Alaska Constitution may exercise all legislative power riot prohibited by law or by the charter of the City, and it has been determined that the matters set forth in this resolution are not prohibited by law cr the charter; and WHEREAS, the City is the owner of certain real property described as lots 10, 11 and 12, Cook Inlet Industrial Air Park, according to Plat No. K-1448, Kenai Recording District, Third Judicial District, State of Alaska, upon which the City proposes to construct a courthouse (together wrth said real property, the "Project"); and WHEREAS, the Cii_y considers that the construction, equipping and Leasing to the State of the Project and the financing of the same is in the best .interest, and will promote the public purposes, of the City; and WHEREAS, such financing requires an Agreement of Lease between the City and the State (the "Lease"), and an Assignment and Security Agreement among the City, the State and _ (the "Assignee",) assigning the Lease and certain funds to the Assignee; and WHEREAS, the• State is legally authorized to enter the Lease; and WHEREAS, there have been presented to the City the form of the following dOC.uments which the City proposes to enter into in connection with the financing of the Project=: 1. The form of the ilease which is entitled Agreement of Lease betweer_ the Cite and the State of Alaska (the "Lease"); and 2. The form of AssL(Inment of Lease and Security Agreement among the City, the State and — (the "Assignment"); and Resolution No. 92-52 Page Two WHEREAS, it appears that. each of: the instruments above referred to, which are now before the City, is in appropriate form and is an appropriate instrument for the purposes intended; NOW, THEREFORE, BE IT RESOLVED BY THE CITY, AS FOLLOWS: Section 1. That the real property to be leased under this Resolution consists of the following described real property (the "Property"): Lots 10, 11, and 12, Cook Inlet Industrial Air Park, according to Plat No. K-1448, Kenai Recording District, Third Judicial District, State of Alaska Section 2. That the leasing of the Property by negotiation to the State of Alaska under the Lease will serve the public interest and is hereby approved. Section 3. That the assignment of the rights (but not the obligations) of the City, without recourse, to tinder the Assignment will serve the public interest and is hereby approved. Section 4. That the form and content of the Lease and the Assignment be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and Manager be, and each of them hereby is, authorized, empowered. and directed to execute and deliver each said document to the counterparties for and on behalf of the City in substantially the form and content now before this meeting but with such changes, modifications, additions and deletions therein as shall to him seem necessary, desirable or appropriate, the execution thereof to constitute conclusive evidence of the approval of any and all changes, modifications,, additions or deletions therein from the form and content.: >f the Said documents now before this meeting, and that, from and after the execution and delivery of the said documents, each cf the Mayor, Manager and the Clerk of the City is hereby authorized, empowered and d_;.rect:ed to do all such acts and things and to execute ell documents as may be necessary to carry out and comply with the provisions ,f the said documents as executed. Section 5. That the Mayor, Manager ani the Clerk of the City or any other person authorized by the City be and each of them hereby is authorized to execute and deliver for and on behalf of the City any and all additional certificates, documents, opinions or other papers and perform all other act:3 as they may deem necessary or appropriate in order to _mplement an4. carry out the int­�rit and purposes of this Resolution. Resolution No. 92-52 Page Three Section 6. That the provisions of this Resolution are hereby declared to be separable and if any section, phrase or provision shall for any reason be declared to be invalid such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. Section 7. That this Resolution shall become effective upon passage and approval. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 1992. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: C 4d (7/9/92) k2. AGREEMENT OF LEASE BETWEEN THE CITY OF KENAI, ALASKA AND THE ALASKA COURT SYSTEM Agreement of Lease (the "Agreement"), dated as of July _, 1992, between the City of Kenai, Alaska, (the "City"), as Lessor, and the State of Alaska (the "State"), as Lessee. WITNESSETH: WHEREAS, the City is the owner of certain premises as described in Exhibit A attached hereto and made a part hereof which it desires to lease to the State so that the State can use, operate and maintain a courthouse facility (the "Project") on said premises; WHEREAS, the acquisition, construction and financing of the Project on said premises is an essential governmental function; WHEREAS, the State has approved the design of the Project that the City has prepared, and bids for the construction of the Project have been received by the City; WHEREAS, the City is legally authorized to enter this Lease as Lessor and the State is legally authorized to enter this Lease as Lessee; and WHEREAS, the parties agree that the Project is now ready to be financed and have determined that in order to enable the City to finance part of the Cost of the Project, as hereinafter defined, the Project should be leased for the period and under the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein, the parties hereby agree as follows: ARTICLE I Definitions Section 1.01 - Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Agreement" means this Agreement of Lease. "Assignee" means _ , and its successors and assigns. "Assimment" means the Assignment of Lease and Security Agreement dated as of July , 1992, among the City, the State and the Assignee. "Business Day" means any day other than a Saturday, Sunday or day upon which commercial banks in the state of or the state of New York are permitted to remain closed or a day on which the New York Stock Exchange is closed. "Ci1y" means the City of Kenai, Alaska. "Construction Contract" means the Contract for Construction of the Project to be awarded July , 1992. "Construction Fund" means the Construction Fund established under Section 3.02. "Cost" or "Cost of the Project" means the cost, whether incurred by the City or another, of construction and acquisition of the Project and the financing thereof, including without limitation the cost of field surveys and advance planning undertaken in connection with the Project, the cost of preparation of the site of the Project (excluding the cost of environmental assessment and remediation), the cost of any indemnity and surety bonds and premiums on insurance (whether bond, casualty or other insurance), legal fees, costs of issuance of the Assignment and financing charges and fees and expenses of financial advisors and consultants in connection therewith, credit enhancement fees, costs of audits, the cost of all machinery, apparatus and equipment, costs of engineering, architectural services, design, plans, specifications and surveys, construction management and inspection, estimates of cost, the reimbursement of all monies advanced or applied by the State (except monies provided to the City for the Project by a grant from the State), or any agency, instrumentality or officer thereof, whether to or by the City, the State or others, from whatever source provided, for the payment of any item or items of cost of the Project, and all other expenses necessary or incident to the construction and acquisition of the Project, the financing thereof and the placing of the same in use and operation. Notwithstanding the foregoing, "Cost" or "Cost of the Project" shall not include any City overhead costs or City personnel costs. "Event of Default" is defined in Section 11 V . "Fiscal Year" means the fiscal year of the State of Alaska used for purposes of budgeting and appropriations; which presently is the period beginning on July 1 and ending June 30 of the following calendar year. C t Y OF KENA111992 Courthouse Financing Agreement of Lease AFF02326 Page 2 "Lease Term" means the term of the State's lease of the Project as set forth in Exhibit B hereto. "Project" means the land and improvements described in Exhibit A hereto. "Rent" means the rent fixed as provided in Section 6.02 due and payable by the State to the City with respect to the Project. "State" means the State of ,Alaska. "Substantial Completion" means delivery of a certificate of substantial completion of the work under section of the general conditions of the Construc- tion Contract, by the City to the general contractor for construction of the Project, and the approval of such certificate by the State, which approval shall not be unreasonably withheld. ARTICLE 11 Covenant: Section 2.01 - Covenants of the State. The State represents, covenants and warrants for the benefit of the City and the Assignee as follows: (a) The State has been duly authorized to execute and deliver this Agreement by appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this Agreement. (b) During the Lease Term, the Project will be used by the State only for the purpose of performing governmental uses and public functions within the permissible scope of the State's authority. (c) The State will annually provide the City with current financial statements, budgets and proof of appropriation for the ensuing Fiscal Year within one hundred twenty (120) days of Fiscal Year end. The State shall also provide such other financial information relating to the ability of the State to continue this Agreement as may be requested by the City. (d) The State will comply with all applicable provisions of the Internal Revenue Code of 1986, as amended (the "Code"), including Sections 103 and 148 thereof, and the regulations of the Treasury Department thereunder, from time to time proposed CITY OF KENAI/i992 Courthouse Financing Agreefnent of Lease AFFo'2azs Page 3 or in effect, in order to maintain the excludability from gross income for federal income tax purposes of the interest component of Rent and will not use or permit the use of the Project in such a manner as to cause the State's obligation to pay Rent to be a "private activity bond" under Section 141(a) of the Code. Section 2.02 - Covenants of the City The City will comply with all applicable provisions of the Internal Revenue Code of 1986, as amended, including Sections 103 and 148 thereof, and the regulations of the Treasury Department thereunder, from time to time proposed or in effect, in order to maintain the excludability from gross income for federal income tax purposes of the interest component of Rent. ARTICLE III Construction of Project Section 3.01 - Construction of Project. (a) Subject to the remainder of this Section, the City shall cause the Project to be acquired and constructed with all reasonable speed and dispatch, in accordance with the Construction Contract and the plans and specifications approved or to be approved by the parties to this Agreement. The City agrees to deliver possession of the Project to the State, and the State agrees to accept possession of the Project, upon Substantial Completion, provided that the State is not required to accept possession of the Project before October `, 1993. The Project shall, upon final completion, be free and clear of all liens and encumbrances of every kind and character which may arise in connection with work of any character performed in connection with the Project, including mechanics', laborers' and materialmen' liens and other liens of a similar nature. (b) The City's obligation to pay the Cost of the Project shall be subject to the availability of proceeds of the Assignment for such payment. (c) If by reason of force majeure the City is unable in whole or in part to carry out its obligations under this Section, the City shall not be deemed in default during the continuance of such inability. The term "force mi jeure" as used herein shall mean, without limitation, the following: acts of God, strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States or of the State of Alaska or any of their departments, CITY OF KENA1-'1992 Courthouse Financing Agreement of La>.4e AFFC12326 Page 4 agencies or officials, or any civil or military authority; insurrections, riots, landslides, earthquakes, fires, storms, droughts, floods, explosions, breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of the City. Section 3.02 - Construction Fund. The State Department of Revenue shall establish and maintain a special trust fund designated as the Construction Fund; shall keep such fund separate and apart from all other funds and moneys held by it; shall hold such Fund for the benefit of the State, subject to the security interest of the Assignee under the Assignment, until fully expended pursuant to the terms hereof; and shall administer the Construction Fund as provided in this Agreement. All proceeds of the Assignment shall be immediately deposited to the Construction Fund. Subject to Section 3.04, all of the funds deposited in the Construction Fund shall be used for and applied to the payment of the Cost of the Project, and, pending their application, shall be assigned or pledged for the benefit of the Assignee as provided in the Assignment. Section 3.03 - Disbursement of Proceeds from the Construction Fund. (a) The State Department of Revenue shall make payments for Costs of the Project first from State grant funds appropriated to the City for the Project, and, when all of such grant funds have been expended, from proceeds of the Assignment. Such payments shall be made upon receipt of a requisition from the City, signed by an authorized officer of the City and approved by the State. A requisition shall set forth the following information: (1) The classification or portion of the Project and the nature of the work to which the payment relates; (2) The payee, which may be the City or the State in the case of work done by City or State personnel and in the case of reimbursement for payments previously made by the City (other than payments made by way of set-off of mutual claims between the City and the payee); (3) The amount; and (4) That the payment is due, is a proper Cost and has not been the subject of any previous disbursement, and, for Costs incurred under the Construction Contract, that the services have been performed, or the material, equipment or other work covered by the requisition has been incorporated into the Project, or the CITY OF KENAI/1992 Courthouse Financing Agreement of Lease AFF02326 Page 5 materials are available at the job site or other site approved by the City and that amounts remaining in the Construction Fund after such payment will be sufficient, in the opinion of the City, to pay remaining Costs of the Project. (b) Each construction related requisition shall be accompanied by supporting purchase orders, vouchers or statements of costs as required herein. The State shall retain copies or records of each requisition from the City and shall not destroy such records for a period of seven years after receipt without the prior consent of the City, which consent will not be unreasonably withheld. (c) Notwithstanding any of the other provisions of this Article, to the extent that other moneys are not available therefor, amounts in the Construction Fund shall be applied to the payment of Rent when due. Section 3.04 - Disbursements from Construction Fund Upon Substantial Completion. (a) As soon as practicable after the date of Substantial Completion, the City shall file with the State Department of Revenue a certificate setting forth, as of such date, the following in reasonable detail with respect to the Project: (1) the total Cost of the Project exclusive of claims of contractors and others which are the subject of actual or prospective dispute or controversy and exclusive of the cost (including contingencies), as estimated by the City, of the remaining work; (2) the portion of the total Cost of the Project specified pursuant to clause (1) of this subsection which has been paid in full; (3) the portion of the total Cost of the Project specified pursuant to said clause (1) which remains to be paid, including all amounts which are not the subject of a dispute or controversy but are dependent upon the satisfaction of any agreements or conditions precedent to such payment; (4) the aggregated amount of the claims of contractors and others which are the subject of a dispute or controversy; (5) the Cost (including contingencies), as estimated by the City and as approved by the State, of the remaining work; and (6) such amount, if any, as the City shall determine is necessary or desirable to be set aside in the Construction Fund for contingencies. (b) The State Department of Revenue shall at any time or from time to time after the filing with the State Department of Revenue of the certificate of the City as provided in subsection (a) of this Section, withdraw from the Construction Fund the balance in the Construction Fund in excess of the amount, if any, stated in such certificate, and transfer such amount to the general fund of the State. If subsequent to the filing of such certificate it shall be determined that any amounts specified in such certificate as being required for the payment of any remaining part of the Cost i ;I7Y OF KENAII;!oa , Courthouse Financrag Aefeement of Lease AFF02326 Page 6 of the Project are no longer so required, such fact shall be evidenced by a certificate or certificates of the City which shall be filed with the State Department of Revenue stating such fact and any amount shown therein as no longer being required shall be transferred to the general fund of the State. ARTICLE IV Lease, Occupancy and Maintenance of Project Section 4.01 - Lease of Project. The City hereby demises, leases and lets to the State, and the State hereby rents, leases and hires from the City, the Project for the Lease Term. Section 4.02 - Character of Lease. This Agreement constitutes a triple net lease of the Project. Notwithstanding anything herein to the contrary, all Rent that this Agreement requires the State to pay to the City shall be absolutely net payments to the City, meaning that the City is not and shall not be required under this Agreement to expend any money or do any acts or take any steps affecting or with respect to the maintenance„ preservation, repair, restoration, reconstruction or protection of the Project or any part thereof. Section 4.03 - Maintenance of Project by the State. The State shall keep and maintain the Project in good condition and working order, shall use, operate and maintain the Project in conformity with all laws and regulations concerning the Property's ownership, possession, use and maintenance, and shall keep the Project free and clear of all liens and claims. The State shall have sole responsibility to maintain, repair or make improvements or additions to the Project. Section 4.04 - Liens. Taxes, Other Governmental Charges and Utility Charges. The State shall keep the Project free of all levies, liens and encumbrances. The State shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to the Project. The State shall pay all gas, water, steam, electricity, heat, power, telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project. The State shall pay such taxes or charges as the same may become due; provided that, with respect to any such taxes or charges that may lawfully be paid in installments over a period of years, the State shall be obligated to pay only such installments as accrue during the then current Fiscal Year. CITY OF KENAI/J992 Courthouse Financing Agmemeat of Lease AFF02326 Page 7 Section 4.05 - Insurance. (a) The City shall maintain or cause to be maintained with responsible insurers the kinds and amounts of insurance with respect to the Project, required under the Construction Contract. To the extent, however, that any part of said insurance is carried by others for the benefit of the City, the City shall not be obligated hereunder to procure or maintain such part of said insurance. Any insurance policy provided under this subsection shall be written or endorsed to make losses payable to the City, the State and the Assignee as their respective interests may appear. (b) Prior to commencement of construction of each portion of the Project, the City shall require each contractor to obtain; and thereafter to keep in effect, a performance bond and a payment: bond of the descriptions thereof set forth in Alaska Statutes Section 36.25.010, provided that each such performance bond and payment bond shall respectively be in a surn at least equal to 100% of the sums payable under the terms of the related construction contract. (c) Immediately upon Substantial Completion, and thereafter during the Lease Term, the State shall maintain at: its own expense comprehensive general liability insurance insuring all of the State's operations at the Project including its obligations to the City under the indemnity clause in Section 10.02. (d) Immediately upon Substantial Completion, and thereafter during the Lease Term, the State shall maintain at its own expense all risk replacement cost property insurance including the loss of rental income on the Project. Subject to the State's right to self -insure under paragraph (e) of this section, such insurance shall include the perils of earthquake and flood. All proceeds of such insurance shall be applied as provided in Article VII. (e) The State may self insure all or a portion of the risks described in paragraphs (c) and (d) of this section. The State shall be solely responsible for the payment of any claim or loss so self -insured. (f) All insurance policies obtained by the State under this Agreement shall be open to inspection by the City. A complete description of all such policies or a certificate of compliance with the insurance requirements of this Agreement, shall be furnished at least annually on or before _ `, by the State to the City. (g) In the event of failure of the State to pay any premium or other charge with respect to insurance which it is obligated to procure and maintain pursuant to this Section, the City may pay such premium and secure and maintain such policy and the C17Y OF KENA111S 92 Courthouse Financing Agreernerrt of Lease AFF02326 Page 8 amount of any such premium shall become additional Rent payable under this Agreement. Section 4.06 - Alterations and Improvements. During the Lease Term, at its own cost and expense, the State may make alterations, changes, additions and improvements to the Project, provided said alterations, changes, additions, or improvements do not diminish the rental value of the Project. Any additions or improvements made, installed or affixed to the Project, or fixtures installed or affixed in such manner as not to be removable without material injury to the Project, shall be and become the property of the City and become part of the Project. All other fixtures installed or affixed to the Project by the State, shall be and remain the property of the State and may be removed thereby at any time during the Lease Term or at the termination thereof. Section 4.07 - Compliance roith Laws and Regulations. Upon Substantial Completion and thereafter during the Lease Term, the State will promptly comply with, or cause to be complied with, all laws and ordinances, rules, regulations and require- ments of all federal, state and local governments, and agencies and departments thereof, which are applicable to the State and the Project and material to the performance by the State of its obligations under this Agreement and the Assignment, whether or not the same require structural repairs or alterations. The State will also observe and comply with the requirements of all policies and arrangements of insurance at any time in force with respect to the Project. Section 4.08 - Covenant Against Waste. The State covenants not to do or suffer or permit any waste or damage, disfigurement or injury (other than normal wear and tear) to, or public or private nuisance upon, the Project. Section 4.09 - Subletting. The State may not sublease any part of the Project, provided that this provision does not prohibit a contract for the management of the Project. ;ARTICLE V Enjoyment of Project Section 5.01 - Enioyment of Protect. The City shall provide the State during the Lease Term with quiet use and enjoyment of the Project, and the State shall during the Lease Term peaceably and quietly have, hold and enjoy the Project, without suit, trouble or hindrance from the City, except as expressly set forth in this Agreement. CITY OF KENAVI992 Courthouse Financing Agreement of Lease AFFX2i26 Page 9 Section 5.02. Inspection. The City, the Assignee and their authorized agents and representatives shall have the right at all reasonable times during business hours to enter into and upon the Project for the purpose of inspecting the Project. ARTICLE VI Rent Section 6.01 - Nature of Rental Payments. (a) The City and the State understand and intend that the obligation of the State to pay Rent hereunder shall constitute a current expense of the State and shall not in any way be construed to be a debt of the State in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by the State, nor shall anything contained herein constitute a pledge of the faith and credit or taxing power of the State. (b) The obligation of the State to pay Rent for periods shown in Exhibit B hereto until the first such period beginning after the later of October _, 1993 and the date of Substantial Completion, is in consideration of the undertaking by parties other than the State to finance part of the Cost of the Project through the execution of the Assignment.. Except as provided in the preceding sentence, the obligation of the State to pay each installment of Rent as it becomes due, and each payment of Rent, and shall be in consideration of the right of the State, whether or not exercised, to occupy and use the Project for the related period set forth in Exhibit B hereto. Section 6.02 - Payment of Rental Payments. The State shall promptly pay Rent, exclusively from legally available funds, to the City on the dates, in the amounts and for the periods shown on Exhibit 13 hereto. Any installment of Rent which is not paid by the State on or before the due date thereof shall, from and after said due date, bear interest at the rate of twelve percent (12%) per annum until paid, time being of the absolute essence of this obligation. All Rent shall be payable in lawful money of the United States of America, which shall be legal tender for the payment of public and private debts under the laws of the United States at the time of payment. Payment shall be made at such place or places as shall be specified in the Assignment. Section 6.03 - Interest Component. All or a portion of each installment of Rent is paid as, and represents payment of, interest, and Exhibit B hereto sets forth the interest component of each installment of Rent hereunder during the Lease Term. CnY OF KENAI/ 1992 Qw thouse Financing Agreement of Lease AFF02326 Page 10 Section 6.04 - Rent to be Unconditional. Subject to Section 6.06, the obligation of the State to pay each installment of Rent when due and to perform and to perform and observe the other covenants and agreements contained herein shall be absolute and unconditional, in all events without abatement, diminution, deduction, setoff or defense, for any reason, including without limitation any defects, malfunctions, breakdowns or infirmities in the Project or any accident, condemnation or unforeseen circumstances. This provision shall not limit the State's rights or actions under any Construction Contract as provided in Section 8.02. Section 6.05 - Continuation of Lease by the State. The State will, prior to the commencement of each Fiscal Year during which Rent payments are designated in Exhibit B hereto to be made, include such Rent in its annual budget request to the Legislature. The State agrees to use any appropriation legally available for the Rent in such Fiscal Year and to immediately encumber available appropriations for such payments prior to allocating or encumbering funds for projects or costs for which no legal obligation to pay exists. The State intends to continue this Agreement and to pay the Rent hereunder. The State reasonably believes that legally available funds in an amount sufficient to pay all installments of Rent during the Lease Term can be obtained, and further intends to do all things lawfully within its power to obtain and maintain funds from which payments of Rent may be made. Section 6.06 - Non -Appropriation. If sufficient funds are not appropriated to pay installments of Rent due in a Fiscal Year, and if the State has no funds available for such Rent from other sources, this Agreement shall terminate on the last day (the "Termination Date") of the last Fiscal Year for which sufficient monies have been appropriated to pay Rent under this Agreement, and the State shall not be obligated to pay Rent beyond the end of such last Fiscal Year for which sufficient funds have been appropriated. The State shall deliver possession of the Project to the City on the Termination Date, and the City shall have all rights and remedies to take possession of the Project. Upon such termination, the State shall not be responsible for the payment of any additional Rent coming due after the Termination Date, but if the State has not delivered possession of the Project to the City in accordance with this section on the Termination Date, the termination shall nevertheless be effective but the State shall be responsible for the payment of damages in an amount equal to the Rent thereafter coming due under Section 6.02 which is attributable to the number of days after the Termination Date during which the State fails to deliver possession and for any other loss suffered by the City as a result of the State's failure to deliver possession as required. C17Y OF KENA111992 Courthouse ,Financing Agreement of !.ease AFF 02326 Page 11 The State shall notify the City and the Assignee in writing within seven (7) days after the failure of the Legislature to appropriate funds sufficient for the payment of installments of Rent during a Fiscal Year. Section 6.07 - New Lease. In the event of termination of this Agreement the parties will use their best efforts to enter into a new lease of the Project on the same terms and conditions, and providing for the payment of rent at the same times and in the same amounts, as this Agreement. Immediately upon the execution of the new lease the State agrees to reoccupy the Project and the City agrees to assign the new lease to the Assignee. ARTICLE VII Damage, Destruction and Use of Net Proceeds Section 7.01 - Damage or Destruction. If the Project or any portion thereof is destroyed or damaged during the Lease Term, the State and the City will apply the Net Proceeds of any insurance claim to the prompt repair or restoration of the Project; provided, however, that in the event of total or substantial destruction of the Project, the State may elect not to repair, restore, rebuild or replace the same if it shall pay over to the City from the proceeds of insurance or other available funds, monies sufficient in amount to pay and retire the Rent then outstanding, and, provided further that any such repair, restoration, rebuilding or replacement of the Project may be in accordance with such different design, plans and specifications as will or may provide a Project of the same or different nature or use, so long as any such change therein or thereof shall not reduce or otherwise adversely affect the value of the Project or the rental value thereof. Any balance of the Net Proceeds remaining after payment for such work shall be paid to the State. For purposes of this Article, the term "Net Proceeds" shall mean the amount remaining from the gross proceeds of any insurance claim after deducting all expenses, including costs and attorneys' fees, incurred in the collection of such claim. Section 7.02 - Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay the full cost of repair or restoration under Section 7.01, the State shall either (a) complete the work and pay any cost in excess of the amount of the Net Proceeds, or (b) prepay in full the principal component of Rent, plus premium, if any, and accrued interest component of Rent, in accordance with Exhibit C hereto. No payment by the State under (a) of this Section 7.02 shall relieve the State of its obligation to make Rental Payments in accordance with Article VI. The State's CITY OF KENAI/1992 Courthouse Finaiu:ing Agreement of Lease AFw23z6 Page 12 obligations under this Section are subject to the availability of funds lawfully appropriated therefor. ARTICLE VIII Warranties Section 8.01 - Warranties: C)isclaimer. (a) The City warrants that, on the date the State accepts possession of the Project: (1) The site of the Project will be in compliance with state and federal standards for the presence of environmental contaminants within the soils or in the groundwater which may be present as a result of prior use, or which may have migrated onto, under or off the site. In the event of a conflict between state and federal standards, the more stringent standards will apply. (2) The Project will be fit for occupancy and will comply with all applicable laws. (b) Except as provided in (a) of this section, the City makes no warranty, either express or implied, as to the value, design, condition, merchantability or fitness for particular purpose or fitness for use of the Project. (c) In no event shall the City be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement, or the existence, furnishing, functioning or the State's use of the Project. Section 8.02 - Contractors' Warranties. The City hereby irrevocably assigns to the State all claims and rights that the City may have to assert from time to time with respect to the Project (except claims and rights covered by the warranties of the City in Section 8.01(a)) against (i) the contractor under the Construction Contract, (ii) the architect for the Project, and (iii) any contractor of the City that performed an environmental assessment of the site for the Project. The State's sole remedy for the breach of any warranty, indemnification or representation with respect to the Project (except as provided in Section 8.01(a)) shall be against such parties and not against the City, nor shall such matter have, any effect whatsoever on the rights and obliga- tions of the City with respect to this Agreement, including the right to receive full and timely payments hereunder. The State expressly acknowledges that the City makes, (IVY OF KENA111992 Courthouse Financing Agreement of Lease AFF02326 Page 13 and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties. ARTICLE IX Option to Purchase Project Section 9.01 - Option to Purchase. The State shall have the option to purchase the City's interest, in whole, in the Project, upon giving written notice to the City at least forty-five (45) days before the time of purchase, on the last day of the Lease Term, upon payment in full of the Rent due hereunder plus payment of One Dollar ($1.00) to the City. Section 9.02 - Prepayment of Principal Component of Rent. The State shall have the option to prepay the principal component of any installment or installments of Rent, subject to and in accordance with the prepayment terms set forth in Exhibit C hereto. ARTICLE X Assignment, Indemnification Section 10.01 - Assignment by the City. The State acknowledges that the City's interest under this Agreement will be assigned to provide funds to pay part of the Cost of the Project. Accordingly all of the covenants and agreements of the City and the State set forth in this Agreement are hereby declared to be for the benefit of the Assignee under the Assignment. The City, in the Assignment, pledges, assigns and transfers its rights under this Agreement, together with its rights to enforce this Agreement, and after such pledge, assignment, and transfer, this Agreement shall not be terminated, modified or changed by the State or the City, except in the manner and subject to the conditions permitted by this Agreement and the Assignment. The State agrees to execute all documents that may be reasonably requested by the City or the Assignee to protect its interests in the Project and in this Agreement. The State shall not have the right to and shall not assert against the Assignee any claim, counterclaim or other right the State may have against the City. Section 10.02 - Release and Indemnification Covenants. To the extent permitted by law, the State shall indemnify, protect, hold, save and keep harmless the City, and its officers, agents and employees, from and against any and all liability, (WY OF KF_NA11o!? ! Courthouse Financ ray Agreernerrt of lease l FF02326 Page 14 obligation, loss, claim and damage whatsoever, regardless of cause thereof, and all expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest, arising out of or as the result of the entering into this Agreement, the ownership of the Project, the acquisition, possession, use, operation or condition of the Project, or any accident in connection with the operation, use, condition or possession of the Project resulting in damage to property or injury to or death to any person; provided that neither the City nor any of its officers, agents or employees shall be indemnified hereunder to the extent that any liability, damages, actions, claims or demands results from their negligence or willful misconduct. The indemnification arising under this section shall continue in force and effect notwith- standing the full payment of all obligations under this Agreement or the termination of the Lease Term for any reason. ARTICLE XI Section 11.01 - Events of Default Defined. Any of the following shall constitute an "Event of Default" under this Agreement: (a) Failure by the State to pay from legally available funds any Rent or other amount required to be paid under this Agreement at the time specified herein. (b) Failure by the State to observe or perform any covenant, condition or agreement on its part to be observed or performed under this Agreement, other than as referred to in (a) of this section, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied is given to the State by the City, unless the State promptly has commenced action to cure the default and in good faith diligently prosecutes such action to completion. (c) Any statement, representation or warranty made by the State in or pursuant to this Agreement or its execution, delivery or performance shall prove to have been false, incorrect, misleading or breached in any material respect on the date when made; provided that the State shall be given the opportunity for correction to the extent correctable and to the extent the State pays all costs of such correction. Section 11.02 - Remedies on Default. Whenever any Event of Default exists, the City may, at its sole option without any further demand or notice, exercise one or any combination of the following remedies: (a) Without terminating this; Agreement,. and by written notice to the State, declare all Rent and other amounts payable by the State hereunder to the end of the GITY OF KENA111992 Courthouse Financing Agreement of Lease AFF02326 Page 15 then current Fiscal Year to be due, including without limitation delinquent installments of Rent from prior Fiscal Years. (b) Declare the State's rights under this Agreement terminated, and reenter the Project, and repossess itself thereof, as of its former estate. (c) By written notice to the State Department of Revenue, instruct the State Department of Revenue to release to the City all sums held by such Department in the Construction Fund, such sums to be credited to the State's obligations under this Agreement and applied as provided in the Assignment. (d) Take whatever action at law or in equity necessary or desirable to enforce its rights under this Agreement and in the Project. Section 11.03 - No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice, other than such notice as may be required in this Article. ARTICLE XII Miscellaneous Section 12.01 - Parties of Interest. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person, firm or corporation, other than the parties hereto and the Assignee, any right, remedy or claim, legal or equitable, under or by reason of this Agreement, this Agreement being intended to be and being for the sole and exclusive benefit of the parties hereto. Section 12.02 - Notices. All notices required or authorized to be given by any party pursuant to this Agreement shall be in writing and shall be served personally or sent by registered mail as follows: City of Kenai 210 Fidalgo Avenue CITY OF KENA111992 Courthouse Financing Agreement of Lease AFFo2a2s Page 16 Kenai, Alaska 99611 Attention: Mr. Charles A. Brown Finance Director Alaska Court System Court Administration 303 K Street Anchorage, Alaska 99501 Attention: Mr. Robert G. Fisher Fiscal Officer Each of the above addressees may, by written notice given hereunder to the others, designate any further or different addresses to which subsequent notices shall be sent. In addition, the parties hereto may agree to any other means by which subsequent notices may be sent. Section 12.03 - Amendments. This Agreement may not be amended except with the written consent of the Assignee. Section 12.04 - Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 12.05 - Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Alaska. Section 12.06 - Severabilily. In case any one or more of the provisions of this Agreement shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement but this Agreement shall be construed and enforced as if such illegal or invalid provision had not been contained herein. Section 12.07 - Headings. This article and section headings contained herein are for convenience of reference only, and do not define, limit or describe the scope or intent of any provision of this Agreement. Section 12.08 - Holidays. If the date for making any payment under this Agreement shall not be a Business Day, such payment shall be made on the next preceding Business Day, with the same effect as if done on the nominal date provided in this Agreement. CITY OF KENA111992 Courthouse Financing Agreement of Lease AFF02326 Page 17 IN WITNESS WHEREOF, the City and the State have caused this Agreement to be executed in their names by their duly authorized officers as of the date first above written. CITY OF KENAI, ALASKA :5 ATTEST: City Clerk City Manager STATE OF ALASKA -31 APPROVED AS TO FORM Attorney General State of Alaska Cr Y OF KENAI/7992 Courthouse Financing Agreement of Leese AFF02326 Administrative Director Alaska Court System City Attorney City of Kenai Page 18 STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of July, 1992 by _ _ , City Manager of the City of Kenai, Alaska Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of July, 1992 by _ _ Administrative Director of the Alaska Court System. Notary Public in and for Alaska My Commission Expires: CITY OF KENA111992 Courthouse Financing Agreement of Lease AFFO2326 Page 19 ASSIGNMENT OF LEASE AND SECURITY AGREEMENT This Assignment of Lease and Security Agreement made and entered into as of _, 1992, by and among the City of Kenai (the "City"), the State Alaska (the "State"), and (together with its successors and assigns, thel "Assignee"). In consideration of the payment of the amount of $ to, or, for the account of, the City, and for other valuable consideration: 1. The City hereby sells, assigns, transfers, sets over and pledges unto the Assignee and its successors and assigns, forever without recourse, all of the right, title and interest of the City in and to that certain Agreement of Lease between the City and the State, dated as of __, 1992 (the "Lease"), all rents and other amounts payable and all other rights thereunder. The State hereby consents to this assignment. The Lease provides for the lease of the following described real property and the improvements thereon (the "Project"): Lots 10, 11 and 12, Block 1, Cook Inlet Industrial Air Park, according to Plat No. 1448, Kenai Recording District, Third Judicial District, State of Alaska This Assignment assigns only the right, title and interest of the City under the Lease and does not transfer, assign or otherwise convey to the Assignee any obligation whatsoever under the Lease, all of which obligations remain solely the obligations of the original parties to the Lease. 2. To secure the performance by the City and State of all of their obligations under the Lease, the City and the State hereby sell, assign, transfer, set over, pledge, and grant a security interest in, to the Assignee forever and without recourse, all of the right, title and interest of the City and the State, respectively, in and to all moneys and securities from time to time held by the State Department of Revenue in the Construction Fund established under Section 3.02 of the Lease. Said moneys and securities are payable as provided in Sections 3.03 and 3.04 of the Lease. 3. (a) In the event of termination of the State's rights under the Lease the City and State have agreed in Section 6.07 of the Lease to use their best efforts to enter into a new lease of the Project on the same terms and conditions, and providing for the payment of rent at the same time and in the same amounts, as Rent under the Lease. Immediately upon the execution of any new lease pursuant to said Section 6.07 the State agrees to reoccupy the Project and the City agrees to assign the new lease to the Assignee. (b) If the City and the State are unable to enter a new lease of the Project as provided in Subsection (a) of this Section, the City shall hold the Project available for leasing to such entities and on such terms as are reasonably acceptable to the Assignee. Immediately upon the execution of any such lease, the City shall assign such lease to the Assignee. (c) If the City is unable to enter a new lease of the Project with an entity and on terms reasonably acceptable to the Assignee as provided in subsection (b) of this Section, the City shall hold the Project available for sale to such entities and on such terms as are reasonably acceptable to the Assignee. Immediately upon the payment of any consideration in respect of such sale, the City shall remit such payment to the Assignee. (d) The City's obligation to hold the Project available for leasing or sale on such terms as are reasonably acceptable to the Assignee and to pay over the proceeds thereof to the Assignee as provided in this Section (the "Obligations") shall continue until the Assignee has, following termination of the State's rights under the Lease, received an amount of money (net of any federal income taxes arising or to arise with respect to the interest component of rent from the Project greater than federal income taxes imposed on the interest component of rent from the Project when the tenant is the State) which, after discounting to its present value as of the date of termination of the State's rights under the Lease, is equal to the unpaid principal component of the Rent under the Lease on the date of termination of the State's right under the Lease (using a discount rate of % per annum, compound- ed monthly, or such higher rate as is necessary to achieve the same rate of return net of any such federal income taxes). (e) The City acknowledges that breach of its covenants contained in this Section would cause the Assignee irreparable damage in that such breach could, among other things (i) impair the tax exempt status of the interest component of rent from the Project and (ii) cause the asset value and the rental value of the Project to decline. The City further acknowledges that the damages the Assignee would suffer as a result of any such breach would be difficult or impossible to ascertain. Accordingly, the City agrees that the Assignee shall be entitled to injunctive relief against breach of, and shall be entitled to specific performance of, the City's covenants contained in this Section. KENA!/Courthouse Financing 1992 ,Assignment of Lease and Securify Agreement , FF02547 Page 2 4. The addresses of the parties hereto are as follows: City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Attention: Mr. Charles A. Brown Finance Director Alaska Court System Court Administration 303 K Street Anchorage, Alaska 99501 Attention:. Mr. Robert G. Fisher Fiscal Officer IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers as of the first day and year hereinabove set forth. CITY OF KENAI M City Manager STATE OF ALASKA By Administrative Director Alaska Court System KENA!/Courthouse Financing 1992 Assignment of Lease and Security Agreement AIF02547 Page 3 ACCEPTED: ATTEST: City Clerk City of Kenai APPROVED AS TO FORM: Attorney General City Attorney State of Alaska City of Kenai STATE OF ALASKA ) ss 'THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of July, 1992 by , City Manager of the City of Kenai, Alaska Notary Public in and for Alaska My Commission Expires: FENAi/Courthouse Financing 1992 Assignment of Lease and Security Agreement AFF02547 Page 4 STATE OF ALASKA } ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of July, 1992 by _ _ _ Administrative Director of the Alaska Court System. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) ss THIRD JUDICIAL_ DISTRICT ) The foregoing instrument was acknowledged before me this 1992 by Notary Public in and for Alaska My Commission Expires: day of July, of the KENA!/Courthouse Financing 1992 Assignment of Lease and Security Agreement AFF02547 Page 5 Suggested by: City Councii City of Kenai RESOLUTION NO. 92-52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE LEASING OF REAL PROPERTY OF THE CITY DESCRIBED AS LOTS 10, 11 AND 12, COOK INLET INDUSTRIAL AIR PARK, ACCORDING TO PLAT NO. K-1448, KENAI RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA, TO THE STATE OF' ALASKA FOR A NEW COURTHOUSE; THE EXECUTION OF AN AGREEMENT OF LEASE OF SAID PROPERTY BETWEEN THE CITY AND THE STATE OF ALASKA, AND AN ASSIGNMENT OF SAID LEASE; AND PROVIDING FOR RELATED MATTERS. WHEREAS, the City off Kenait, Alaska (the "Ci-y"), is a home rule city and under Section 11 of Article X of the Alaska Constitution may exercise all legislative power not prohibited by law or by the charter of the City, and it has been determined that the matters set forth in this resolu-11i.on are not: prohibited by law or the charter; and WHEREAS, the City is the owner of certain real property described as lots 10, 11 and 12, Cook :Inlet Industrial Air Park, according to Plat No. K-1448, Kenai Recording District, Third Judicial District, State of Alaska, upon which the City proposes to construct a courthouse (together with said real property, the "Project"); and WHEREAS, the City considers that the constriction, equipping and leasing to the State of the Project and the financing of the same is in the best interest, and will promote the public purposes, of the City; and WHEREAS, such financing requires an Agreement of Lease between the City and the State (the "Lease"), and an Assignment and Security Agreement among the City, the State and National Bancorp of Alaska, Inc. (the "Assignee") assigning the Lease and certain funds to the Assignee; and WHEREAS, the State -is legally authorized to enter the Lease; and WHEREAS, there have been presented to the C_.ty the form of the following documents which the City proposes to enter into in connection with the financing of the Project.: 1. The form of the Lease which is ent_tled Agreement of Lease between the City and the State of Alaska (the "Lease"); and 2. The form of Assignment of Lease and Security Agreement among the City, the State and the Assignee (the "Assignment"); and Resolution No. 92-52 Page Two WHEREAS, it appears that each of the instruments above referred to, which are now before the City, is in appropriate form and is an appropriate instrument for the purposes intended; NOW, THEREFORE, BE IT RESOLVED BY THE CITY, AS FOLLOWS: Section 1. That the real property to be leased under this Resolution consists of the following described real property (the "Property"): Lots 1.0, 11, and 12, Cook Inlet Industrial Air Perk, according to Plat No. K-1448, Kenai Recording District, Third Judicial District, State of Alaska Section 2. That the leasing of the Property by negotiation to the State of Alaska under the Lease will serve the public interest and is hereby approved. Section 3. That the assignment of the rights (but not the obligations) of the City, without recourse, to National Bancorp of Alaska, Inc., under the Assignment will serve the public interest and is hereby approved. Section 4. That the form aid content of the Lease and the Assignment be and the same hereby, are in a1L respects authorized, approved and confirmed, and the -luayd- Manager be, -,h -.ia authorized, empowered and directed to execute and deliver each said document to the counte:rparties for and on behalf of the City in substantially the form and content now before this meeting but with sr.zch changes, modifications, additions and deletions therein as shall to him seem necessary, desirable or appropriate, the execution thereof t:) constitute conclusive evidence of the approval of any and all changes, modi.ficaticns, additions or deletions therein from the form and content 1f the said documents now before this meeting, and that, from and aft the exec.it..on and delivery o"' the said documents, eas#_ -of' the anager a +'� -�": e;f-i4e-(?i+,f- is hereby authorized, empowered and directed 1:o do all such acts :end things and to execute all document:.s as may be necessary to carry out and comply with the pr-cvis.ions rTt the said documents as executeci.���--�"�_ G= Section 5. That the-�IMa ager�^{ Qa�h of >-l+&Fe43-y---is.. authorized to approve the amounts of rent payable under the Lease, the execution of the Lease const_tuting conclusive evidence oi.' such approval, provided that (I_) the prii;cipal component of rent under the Lease shall not exceed $5,200,000, and shall be payable in annual instalLments commencing July 1, 1993 and on each July 1 thereafter t rough and nc:luding July 1, 20U2, when the entire Resolution No. 92-5:2 Page Three remaining principal component of rent shall be due and payable; (II) the principal component of rent under the Lease shall bear interest at a rate of 6.20% per annum (adjusted by the change in the rate quoted by Delphis Hanover for "A" -rated., debt maturing in 2002, from July 14, 1992 to the date of closing) payable semiannually on January 1 and July 1 of each year commencing July 1, 1993; and (III) the principal. component of rent may be prepaid at the redemption prices corresponding to the dates set forth in the table on the Official Bid Form attached hereto as Exhibit A. �C Section 6. That the -Mfty-&Manager aaa t�� of the Gi ty =r any t1er z rcon authorized by the City -be- anthnrizor3 to execute and deliver for and on behalf of the City any and all additional certificates, documents, opinions or other papers and perform all other acts as they may deem necessary or appropriate in order to implement and carry out the .intent and purposes of this Resolution. Section 7. That the provisions of this Resolution are hereby declared to be separable and if any section, phrase or provision shall for any reason be declared to be invalid such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. Section 8. That this Resolution shall become effective upon passage and approval. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July, 1992. ,JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Frea.s, City Clerk Approved by Finance: e (7/9/92) kL .:"',Y XE!~cx—elecoc..er 'J2� 7— —92 : 9f4:+ JUL :2 ' 9z 111 1 ^ GFF1-5RN FRPN f',5C0 415-512-0442! 9074652394 907 285 3014;4 3 R.S/S EXHIBIT A OFFICIAL BID FORM S4,800,000 • $5,200,000 TAX-EXEMPT CITY OF KENA , ALASKA Kenai Courthouse Asdproent of Lease Payments Financing TO THE CITY OF KENAI: Subject to the provisions and in accordance with the terms in the Notice of Sale and the Offering Materials, we offer to purchase the Amuent from the City of Kenai as described in said Notice of Sale and Offeringla. This offer is made for all of said Assignment and for not less than all scheduled principal payments in theyyears shown below. We will pay the principal amount (an amount between $4.800,000 and 55.200,000) for the Aiisisament. The first interest a be July 1, 1999 no earlier then Jul 1,1993). The interest fry u�enat bid will, be be on t r q ry semi aauually, Year of Interest AtuLfly E= 1993 6. a000%a 1994 ee 1995 6.2006 1996 6.2000 199 8 ',� 6.2000 1999 6~' 2000 oo 2001 � ..2000 , 2000 We have included the early redemption page requested and understand that this package will not enter into the decision on the award of the Assignment. We have put an X indicating those maturities not subject to early redemption. Redemption tion Date Redemption .Eris; July 1, 1992 to June 30, 1993 102,000% July 1, 1993 to June 30, 1994 lo, 1;_700% July 1, 1994 to June 30, 1995 to=% July 1, 1995 to June 30, 1996 4.43.,2 Lgc July 1, 1996 to June 30, 1997 % July 1,1997 to June 30, 1998 loo soo °lo July I, 1998 to June 30, 1999 l p % Y Y,cWax `e l econ 9 41! 9074652394-4 907 283 3014,9 4 ,j ' `�c_ .11 1 7. ,r H°"�H Y r KNlYI,;�� lJ 41�-:)Ir 0444 r. rjC July 1, 1999 to June 30, 2000 100 , 40 CO July 1, 2000 to June 30; 2001 Ana;'o July 1, 2001 to June 30, 2= 101 00�0 We enclose a certified or cashises check for S100,000 drawn upon an incorporated bank or trust company and payable unconditionally to the order of the State of Alaska - Department of Revenue on behalf of the City of Kenai, which is to be applied in accordance with the Notice of Sale and OKeiing Materials to secure the City against,any loss resin from the faflure of the successW bidder to comply with the terms of this e understand that the check of the successful bidder will be deposited and =aL oa the purchase price, and no interest will be credited thereon. The proceeds of the check will be retained by the City as liquidated ages in case the successfid bidder fails to accept delivery of and pay for the ipmeaL Checks of bidders will be reunmd promptly upon award of the AswQntaent. We hereacknowledge that we have reviewed the Offering Materials and Notice of Sale dreulated on behalf o! the City of Kenai and agree that we are able to close within the designated timefrarne outlined in the above refereaoed documents, Respectfully submitted, teat sl� >is>e� rb of. Alaske, Inc. 1 �' .N C. S. Tdf r rust. Dice President July 10,1992 ate) Return of the good faith check on July 17,1992, in the amount of $100,000 from the City of Kenai is hereby duly Acknowledged NO ADDITION OR ALTERA'77ON EXCEPT AS PROVIDED ABOVE SHOULD BE MAtDE TO THIS BID (NOTE - The following is stated for information only and is not part of this bid: The True Interest Cost of this bid is G. 96, and the total amount of interest payable on the Assignment is S i�,4) e a d/W"kt/B14_1Prm.dW Pap 2 I : w r4 vtrinP P07 Ina —"at7cnfiIfit 1 14.18 1 Y� I I Mayor John Williams City of Kenai 214 Fidalgo Kenai, AK 99611 Dear Mayor Wi l i ams: P.O.Box 574 Kenai,AK 9961 1-0674 July 6, 1992 6 *9,0,r M JUL 1992 CLERK �' OF KENAI q'�V I tender this letter of resignation of my position on the Kenai Harbor Commission. Our business is expanding to other cities and I am spending much time traveling out of town. I can not serve on the commission with the time necessary to do a suitable job. I thank you for the opportunity to serve on the commission Sincerely, Don Nalmberg cc: Harbor Commission C 1791-1991 CITY OF KENAI Capdai 4 44z4-��„ 210 FIDALGO KENAI, ALASKA 996ri TELEPHONE 283 - 7535FAX 907.283-3014 CITY OF KENAI �- BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS DATE: !3 NAME: 'KA\ I ` Cii --2- 1'1 Resident of the City of Kenai'? How long? IS Mailing Address Telephone No. 2- � 7 4 2. E. ! - Business Address (V) , - 1 i Y �; �ti �? C IZ _ Telephone No. -, EMPLOYER: �� r i r= -�� 3& 2- Job Title NAME OF SPOUSE: (�'�i� r . i` C;I= ; Current membership in organizations: Past organizational memberships: f, (ria _ ��� L L, .�I("y; ZL /iZ — COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: (L 1, f ,a ('- v,1,� i-" Signa ure u � Of y� ��r��0E62`�2L2� A 1791-1991 CITY OF KENAI a Caja� 4 4�"�„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-2833014 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS DATE: CJ `- %.- 91 NAME: Resident of the City of Kenai? E,S How long? j, o. Mailing Address 111a_ N_ F ems: L)-y Telephone No. Business Address EMPLOYER: Job Title Telephone No. NAME OF SPOUSE: _/ ,4,A -4 (, �� , -/G:.✓ Current membership in organizations: Past organizational memberships: U F_ W. t /- = s COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: signature ,D-- I IC, KENAI PLANNING & ZONING COMMISSION June 24, 1992 - 7:00 P.M. City Hall Council Chambers Chairman Art Graveley MINUTES 1. ROLL CALL Commissioners Present: Phil Bryson, Duane Bannock, Art Graveley, Kathy Scott Absent: Saylor Rehm, Bernard Landeis, Carl Glick Also Present: Councilman Hal Smalley Jack La Shot, City Engineer Loretta Harvey, Transcribing Secretary 2. APPROVAL OF AGENDA Scott moved approval of agenda as presented. Bryson seconded and asked for unanimous consent. Passed by unanimous consent. 3. APPROVAL OF MINUTES - June 10, 1992 Graveley asked that comments under Item 5. in the seventh paragraph the sent be changed to send and add, "notices only needed to be posted in three places." MOTION AND VOTE: Bryson moved approval of minutes as presented and asked for unanimous consent. Passed by unanimous consent. 4. PLANNING a. Resolution PZ 92-17: Preliminary Plat - Bilderback S/D MOTION: Scott moved approval of Resolution PZ 92-17: Preliminary Plat, Bilderback S/D. Bannock seconded. Bryson said that he would be abstaining from the vote, due to work he had done for the surveyor on this project. Graveley asked what specific work Bryson had done, since there was the minimum number of Commissioners present for a quorum. Bryson said that he had dug a test hole and submitted results as required for platting purposes. KENAI PLANNING AND ZONING COMMISSION June 24, 1992 Page 2 Graveley felt that under the circumstances, Bryson could vote on this issue. Commissioners present concurred. Even though the resolution did not require a public hearing, Graveley asked if anyone in the audience wished to speak to the issue. Gerard Johnson, Box 27, Clam Gulch, surveyor offered to answer any questions that the Commission might have regarding the plat. Graveley asked Johnson about the staff comments included in the packet. Howard Hackney had. stated, "There is a house under construction on what will be lot 2. We need to know if the proposed subdivision will maintain the required setbacks required for this house." Johnson said the house would be shown on the final plat. AMENDED MOTION: Scott amended the motion to include that the house be shown on the final plat and that setbacks be in conformance with the Kenai Municipal Code. Bannock seconded. VOTE: Bannock: Yes Bryson: Yes Graveley: Yes Scott: Yes Motion passed unanimously. 5. PERSONS PRESENT SCHEDULED TO BE HEARD 6. PUBLIC HEARINGS a. Resolution PZ 92-16: Variance Sign Permit - Ital.ian Gardens La Shot reported that the variance was needed because when the highway was realigned it changed the setbacks. Graveley opened the meeting to the public hearing. Filip Filiposk.i, 1513 3rd Ave, Kenai, owner of Italian Gardens, said he had called the City, State and Borough and no one claimed the right-of-way. As soon as he placed the sign everyone came around. He said he needed the sign there so people would be aware of his restaurant from the highway. �' KENAI PLANNING AND ZONING COMMISSION June 24, 1992 Page 3 Bannock asked for clarification of why the applicant needed a permit. Bryson said that the sign is located off the applicant's property on the State's property. La Shot stated by code unauthorized signs in any right-of-way or on City property may be removed. To be an authorized sign, Italian Gardens required a variance. This variance would not preclude any State requirements concerning this ROW. MOTION: -� Bryson moved approval of ResolutioA,p"l 92-16: Variance sign Permit - Italian Gardens. Scott secondecr. Passed unanimously. b. Resolution PZ 92-19:/ Conditional Use Permit.- -traction of Natural Resources - Mike Pel�- La Shot explained that the process for this permit had been confused and that normally the public :hearing for this item would be the next meeting. The code states that the first meeting, after application is received, "the Commission shall review the application and accompanying information and shall determine if it meets the requirements of this chapter." Since notices were sent for this meeting, staff would recommend that the public hearing be held, and that the hearing be continued at the next meeting. Graveley said that since the review process should be before the public hearing he would hear from people who had come to testify tonight. He opened up public hearing on Resolution PZ 92-19: Conditional Use Permit Extraction of Natural Resources, Mike Pelch. Peter Thomson, Ames Road, said he had come to hear about the length of time for the project, and who will be responsible for cleaning roads during project. ire was mainly there to obtain information regarding the permit. Scott requested that the public hearing format be relaxed so if Mr. Thomson had further questions after the Commission discussed this item he could ask them. Mike Pelch said he had come to the meeting to answer questions from the public aril the commission. Bryson asked Pelch tf fte planned to lower the water table? Pelch, "no" he just wants to extract enough sand to make a small lake. KENAI PLANNING AND ZONING COMMISSION June 24, 1992 Page 4 Bryson asked if this pit had been used previously. Pelch said that it had been used by the Alaska Road Commission to put in the approach to the Kenai River Bridge. He hopes that this pit will be utilized again by the state during the Kenai Spur Highway reconstruction. Scott made reference to the blank spots on the application. Harvey reported that she had contacted. Mr. Pelch regarding these unanswered questions. Thomson asked who will be responsible for cleaning up the road during extraction process. Pelch said that if the state does not use the pit then his plans will be moot„ he still needs a permit from the City to reopen the pit. The State will be responsible for maintenance of the road. Scott asked Harvey to "fill in the blanks" on the application. Harvey, question 15., "Method of fencing or barricading to prevent access", Pelch will be using a steel swinging gate on the only access, across from Foster's pit. On question 19., "Describe plans for regrading and shaping land after operations are complete", Pelch indicated he will have a 2 -to 1 sloped area with a pond which would mean extracting 5 to 10 feet of sand. Scott asked if a soil survey had been cone per question #5? Pelch said McLane had done soil testing when the Subdivision was approved by the City. Scott asked about proposed hours of operation. Pelch said his could not say, it would depend on whether he got a contract with the State and what hours they would want to work. Graveley rem-L.nded the Commission that this public hearing would need to be continued at the next meeting. Hearing no further questions Graveley moved on to the next agenda item. 7. NEW BUSINESS a. Vacation - Shoreline Heights S/D Graveley askE.d for Staff. comments. There were none. KENAI PLANNING AND ZONING COMMISSION June 24, 1992 Page 5 MOTION AND VOTE: Bryson moved to recommend vacation of Shoreline Heights Subdivision. Scott seconded. Passed unanimously. b. Resolution PZ 92-18: Street Naming La Shot reported that presently the City has no street naming plan, as required by KMC. The Borough recently adopted a new system of street naming, which could be adopted by the City so street name criteria would remain consistent. MOTION AND VOTE: Bryson mov d pproval of Resolution PZ 92- Street Naming. Scott seconded Passed unanimously. i 8. OLD BUSINESS 9. REPORTS a. City Council Smalley notE�d that the Conditional Use Permit for Leila Davidson was in the appeal process. Council had held the appeal at their June 17th meeting and had 30 days to make a decision. b. Borough Planning Bryson reported that the Borough has repealed Ordinance 21.12 Noxious, Injurious, & Hazardous due to the large expense incurred in defense of this bill. The Land Use Ordinance which is presently being drafted should substitute for this bill. C. City Administration La Shot reported that the Mission Street project preliminary plan will come before the Commission. The City is meeting with is meeting with the citizens who will be affected by this project, before the final plan is submitted. 10._ PERSONS_ PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 1. Judith Bittrner - Letter to City Council 2. Sue Carter _ Letter to City Manager 3. Approved Ordinances 4. City Council. Agenda 5. KFIB Planning Commission Agenda KENAI PLANNING AND ZONING COMMISSION June 24, 1992 Page 6 12. COMMISSION COMMENTS & QUESTIONS Bannock wished to thank the City Council for so many members attending the Townsite Historic work session. Bannock also expressed pleasure with this completed Comprehensive Plan and congratulated the Commission for their hard work and diligence in completing it. He added that he would hope the Council would not place a moratorium in Old Town, while the Ordinance is being redrafted. Grave.ley also wished to thank the Council for attendance at the TSH work session. He felt that the Commission had accomplished something while working on this zone. The community is interested in taking action. Graveley wished to appoint Scott as the official representative for the Commission. Scott accepted that appointment. 13. ADJOURNMENT There being no further business the meeting was adjourned at 9:15 p.m. Respectfully submitted, horet a Hdrvf=y Transcribing secretary d 1. 2. 3. C� 5. No KENAI PLANNING & ZONING COMMISSION July 8, 1992 City Hall Council Chambers Chairman Carl Glick MINUTES ROLL CALL: Commissioners Present: Duane Bannock, Carl Glick, Bernie Landeis, Kathy Scott, Phil Bryson Absent: Art Graveley Also Present: Jack LaShot, City Engineer Earlene Reed, Recording Secretary APPROVAL OF AGENDA: Jack LaShot noted Item a) under Old Business should read "Clarification Resolution PZ 92-15." Bryson moved the agenda be approved as amended. Landeis seconded. Amended agenda approved unanimously. APPROVAL OF MINUTES - June 24, 1992 Scott noted on Page 3 regarding the variance sign permit PZ 92--16 reflected the resolution passed unanimously. She felt if the minutes were expanded they would reflect a three yea, one nay vote. However, the Chair did move that the motion passed, Bannock noted on Page 5 regarding PZ 92-18 regarding street naming that he voted against that resolution and it was not passed unanimously. Scott moved for approval of minutes as corrected. Bryson seconded. Hearing no objections, the corrected minutes were approved. PLANNING PERSONS RRESENT SCHEDULED TO BE HEARD FVJLI4:L HEARINGS a. Resolution PZ92-19: Conditional Use Permit Extraction of Natural Resources - Mike Pelch No one present for public hearing. KENAI PLANNING AND ZONING COMMISSION July 8, 1992 Page 2 MOTION: BANNOCK MOVED APPROVAI, OF RESOLUTION PZ 92-19 CONDITIONAL USE PERMIT EXTRACTION OF NATURAL RESOURCES. BRYSON SECONDED. Bannock asked if the administration was satisfied with the answers in Questions 15 and 19 and LaShot advised they were. AMENDMENT TO MOTION: SCOTT MOVED TO GRANT APPROVAL WITH RESTRICTIONS ON HOURS OF OPERATION AND ALLOWING OPERATION FROM 6:00 A.M. TO 9:00 P.M. LANDEIS SECONDED. VOTE: BANNOCK: YES GLICK: YES BRYSON: YES LANDEIS: YES SCOTT: YES MOTION PASSED UNANIMOUSLY. Mr. Pelch stated he would approve of the hours of operation restriction noting they highway construction contractors may not be happy with it. Bannock informed Mr. Pelch that he would be responsible for making sure the contractors using his pit comply with the restriction. LaShot informed the Commission that Foster's permit included a similar restriction and hours of operation are supposed to be from 6:00 a.m. to 5:30 p.m. Bryson informed Mr. Pelch if the hours became too restrictive he could petition the Commission again for modification of hours in the permit. VOTE ON AMENDED RESOLUTION PZ 92-19: BANNOCK: YES GLICK: YES BRYSON: YES LANDEIS: YES SCOTT: YES MOTION PASSED UNANIMOUSLY. KENAI PLANNING AND ZONING COMMISSION July 8, 1992 Page 3 7. 8. NEW BUSINESS a. Time of operation for Foster and other gravel pits. Scott stated that the Beaver Loop area is becoming more sensitive to land use needs as the use of the loop increases with residential homes, recreational outlets, and industrial use with the gravel pits. She requested that all the gravel pit owners be reminded of their hours of operation restriction within their permit. OLD BUSINESS a. Clarification Resolution PZ 92-15. LaShot explained the intent of amended Resolution PZ 92-15 is the same but the use of capitalisation, brackets and underlining has been changed. MOTION AND VOTE: SCOTT MOVED TO RESCIND ACTION AT THE LAST MEETING OF APPROVAL OF RESOLUTION PZ 92-18. BRYSON SECONDED. PASSED UNANIMOUSLY. MOTION: BRYSON MOVED APPROVAL OF AMENDED RESOLUTION PZ 92-15 REGARDING SYSTEMIZING STREET NAMING. SCOTT SECONDED. Bannock explained his nay vote at the last meeting by stating he did not want to be obligated by Borough procedures for naming Kenai City streets. He does not mind conforming to the Borough procedures, however, does not want to be obligated to do so by resolution. Bryson stated there was concern regarding duplication of names and LaShot added the Borough's procedure came about because of the enhanced 911 system. VOTE: BANNOCK: NAY GLICK: YES BRYSON: YES LANDEIS: NAY SCOTT: YES BANNOCK MOVED FOR RECONSIDERATION OF THIS RESOLUTION AT THE NEXT MEETING REQUESTING THE SAME INFORMATION BE PROVIDED THAT WAS IN THE JUNE 24 MEETING PACKET. KENAI PLANNING AND ZONING COMMISSION July 8, 1992 Page 4 9. REPORTS a. City Council Bannock reported Ordinance No. 1404-92 was approved. b. Borough Planning C. City Administration 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 12. COMMISSION COMMENTS & QUESTIONS Scott discussed past action on PZ Resolution 92-16. If the minutes are interpreted according to Robert's Rules of Order, the three yeas and one nay with a majority vote being four means the motion actually failed. Scott was the only one on the prevailing side so she is gAVE notice for reconsideration regarding PZ Resolution 92-16. Scott noted the Township Historic Site committee or task force still has not been appointed. More time is being allowed for people to express interest in the committee. 13. ADJOURNMENT There being no further business the meeting was adjourned at 8:55 p.m. Respectfully submitted, Earlene Reed, Recording Secretary for the City of Kenai 1791-1991 CITY OF KENA Od Cdf" 210 FIDALGO KENAf, ALASKA 99611 TELEPHONE 283.7535 FAX 907-283-3014 MEMORANDUM DATE: JULY 2, 1992 TO: BEAUTIFICATION COMMITTEE FROM: LORETTA HARVE RE: JULY COMMITTEE MEETING The meeting f'or July has been canceled due to a lack of agenda items. The next regularly scheduled meeting will be August 11th. ............�r JUL 10 '92 15:31 NAT'L CIVIC LEAGUE 94� %` 71 4Q4 f NATIONAL CMC LEAGUE M-E-M-O-R-A-N-D-D-M T0; 1992 All -America City Contacts FROM: Wendy Dickstein, AAC Director RE: White House Awards Ceremony DATE: July 10, 1992 We are still anxiously awaiting word from President Bush's scheduling office on a date for our AAC White House Awards Ceremony. While we feel fairly confident that it will be granted, it is not a sure thing, and it may be extremely last-minute -- one of the hazards of requesting such an event in an election year. In the event that we are given as little as 72 hours notice, we would like to get a head start on planning. In past years, the event has taken place on a weekday morning. It follows this general schedule (the days are speculative only): Mon. 5:00pm - 8:00pm Welcome reception/hospitality room Hotel Tues. 7:30am Continental Breakfast 8:00am Gather for busses 8:15am Group departure for White House 8:30am - 9:00am Briefing at White House 9:00am Rose Garden AAC Presentation Ceremony 10:00LLM Return to hotel 11:45sxn Gather to leave for Luncheon 1.2:00pm Congressional luncheon 1:30pm Return to hotel Again, this is only based on previous years. The luncheon has been held at the Senate Office .Building and has featured Henry Cisneros, NCL Chairman, and Wayne Hadien, Allstate CEO on the program. You should be prepared to invite your Senators and Congresspeople to be our guests at the luncheon. 1445 MARKET STREET, SUITE 300, DENVER, CO 80202-1728; 303-571-4343/FAX: 571-4404 UL 1 'S2 15::3 NAT'L i_:IV L_E--A6JE: 303/571-4404 P.3/3 'Page. 2 The White House is very restrictive with security and numbers of people allowed at the ceremony. Customarily, three community representatives are invited to attend the ceremony. Whatever number the White House gives us, there will be no exceptions. One representative from each community will receive the plaque and have a picture taken with the President. The White House presumes this person will be the mayor or highest elected official of your choice (in the case of K.C.-Wyandotte County). You may work with this number in preparing for the event, but the exact number will not be known until we hear from the White House, Additional community members and guests are welcome to attend the luncheon. We will video tape the ceremony, .and copies will be available for purchase. We will probably not hire a photographer this year, and we encourage you to bring your own cameras. If any communities are sending someone with good photographic skills who would be willing to take some pictures for us, please let me know. This is what you can do now: o Put together a tentative list of people attending and fax or mail to us right away. Include Name, title, organization, address, phone, birth date, social security number-, and what you want on name badge. All this information is required for security purposes. The White House also requires a resume or short biography on each attendee, and a more thorough one for the designated award recipient. All of this information is required to attend the event. Please indicate which individuals will accept the award, and let us know if additional people will be attending the luncheon. o Get ready to activate your press operation. Press credentials for local media representatives have, in the past, been acquired directly from the White House. o Prepare to invite your Congressional delegation to the luncheon. The White House will take care of inviting Congresspeople to the ceremony. This is what will happen when we hetar from the White House: o We will call you immediately and fax detailed information. o First, confirm attendees withus. o Second, nuke plane and hotel reservations. o Third, invite Congressional delegation to luncheon. 0 Fourth, prepare and implement media strategy. Allbid"lu,' June 18, 1992 Honorable John Williams Mayor City of Kenai 201 Fidalgo Avenue Kenai, Alaska 99611. Dear Mayor Williams: ALLSTATE I NSURANCE COMPANY SEATTLE REGIONAL OPERATION CE_NTE 19015 NORTH CREEK PARKWAY BOTHELL WA 98011 206-489-9000 My sincere congratulations to you and to the citizens of Kenai on winning the 1992 All -America City Award. The Allstate Foundation is vitally interested in helping build healthy and strong communities. That is why we are particularly pleased to be the sponsor of this outstanding awards program honoring civic excellence in America. You have reminded the rest of us that caring still counts, that hard work is still rewarded, and that people who stand together still stand for what is best within the American ideal. We share in your pride, and hope that your remarkable efforts encourage every city to strive to become an All -America City. Again, congratulations and best wishes for your continued success. Sincerely, Michael A. Clark Regional Vice President inac/ c i ty ILLINGS CITY OF BILLINGS June 24, 1992 RICHARD L. LARSEN MAYOR P.O. BOX 1178 BILLINGS, MT 59103 PHONE (406) 657-8296 FAX (406) 657-8390 The Honorable John J. Williams Mayor City of Kenai rC o 210 Fidalgo Avenue €+ Kenai, Alaska 99611 Dear Mayor Williams: It certainly is exciting for each of the cities who were selected as "All America Cities"! As I review the major accomplishments of each of the award winning communities, I reflect upon our own award and note that if we could only accomplish all of the collective achievements, what great communities we will become. The receipt of the award is certainly a great honor, but participating with the other communities provided greater depth and understanding for us. I would appreciate it if you could send me a copy of your completed application. There are a number of programs I would like to explore in more depth. Again, congratulations! I look forward to hearing from you in the future. Sincerely, "Richard L. Larsen Mayor RLL:bm illi 1147s pine Citi' iau�� .July 2, 1992 The President The White House Washington, DC 20500 Dear Mr. President. o M JUL 1992, M N i CLERK r wc, aF KENA1 All Alaskans are proud and very pleased that Kenai was selected as one of ten All -American Cities for 1992 by the National Civic League. Many of Kenai's citizens worked diligently to present their city to the League and to all Americans. They did an outstanding job! As Governer of Alaska, and on behalf of the fine citizens of Kenai, l am requesting your participation in a ceremony of recognition for the ten American cities selected as America's finest. l understand there are many demands on your schedule; however, l hope that a brief ceremony can he arranged to honor the citizens who work so tirelessly at the home town level to make America the wonderful country that it is. With best regards. .Sincerely, SIS Walter J. Hlckel Walter J. Hickel Governor bcc: Brian Mainak The Honorable John J. Williams, Mayor of Kenai WJH/MP/K L/kl 011908104 klivings. wp;bush.ltr request for participation AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 1, 1992 A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Joe Champion - City Building and Mechanical Codes and Inspections. C. PUBLIC HEARINGS 1. Ordinance No. 1504--92 - Amending the Kenai Municipal Code Amending the Procedure for Granting Conditional Use Permits. 2. Ordinance No. 1505-92 - Adding a New Chapter to the Municipal Code Establishing Accounting Provisions for the Congregate Housing Facility. 3. Resolution No. 92-47 - Transferring $15,000 in the General Fund for Dust Control. 4. Resolution No. 92-48 - Donating Lots 15 & 16, Block 11, Carl E. Ahlstrom Subdivision to Central Peninsula Habitat for Humanity, Inc. for Construction of Housing. 5. *1992 Liquor License Application - Kenai Merit Inn - Beverage Dispensary. D. COMMISSIONICOMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Ha.rbor Commission -1- 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of June 17, 1992. 2. *Board of Adjustment Meeting of June 17, 1992. F. G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1506-92 - Increasing Estimated Revenues and Appropriations by $5,983,000 in the Court Facility Capital Project Fund. 4. *Ordinance No. 1507-92 - Amending Kenai Municipal Code, Section 14.15.110, Entitled "Plan Adopted." 5. Discussion - Work Session/Commissioner Mala, Health & Social Services. 6. Discussion - Furnishing and Installation of Chainlink Fencing/New Grace Drilling Property/Peninsula Fence Company - $18,387.00. 7. Approval - Construction Change Directive No. 23 - Kenai Congregate Housing :Project/Gaston & Associates, Inc./$1,794.00. 8. Discussion - Construction Administration Fee, Extended Services - Livingston-Slone/Kenai Congregate Housing Project. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney -2- 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council R. ADJOURNMENT -3- RENAI CITY COUNCIL REGULAR MEETING JULY 1, 1992 RENAI COUNCIL CHAMBERS 7:00 P.M. JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:04 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Williams, Measles, Walker, McComsey and Swarner. Absent was Smalley and Monfor. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD: B-2, Steve Fick - Fishhawk Fisheries - Lease of Dock Space #3. H-2, Purchase Orders Over $1,000 - Alaska Roadbuilders, AC5 for Crack Sealing - $3,300. H-2, Purchase Orders over $1,000 - Arctic Wire Rope & Supply - 2,070.00 (fencing for Municipal Park) H-8, Additional Information - Livingston -Slone - Extended Services Proposed Costs. MOTION: Councilman M:cComsey MOVED for approval of the agenda as amended and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. A-6. CONSENT AGENDA Mayor Williams requested the following change to the Consent Agenda: ADD: C-5, Additional Information .- Letter of Non -Objection from the Kenai Peninsula Borough regarding the New 1992 Liquor License for Kenai Merit Inn. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 2 MOTION: Councilman McComsey MOVED for approval of the Consent Agenda as amended and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENT B-1. Joe Champion - City Building and Mechanical Codes and Inspections. Absent. B-2. Steve Pick - Fishhawk Fisheries, Lease of Dock Space #3. Lawrence Grahamson was present and spoke in Mr. Fick's absence. Grahamson stated that Fick had a question regarding the lease of Dock Space #3 from the City of Kenai. A lease was negotiated and when Fick received the contract documents, he found that the contract included a base price plus a price per pound. Grahamson stated that during the negotiations of the lease by telephone between Fick and Kornelis, only the base price was discussed. Attorney Graves summarized what occurred. Graves stated that the spaces were advertised for bid. After the bid opening, there was one space still available. Kornelis contacted companies he believed might be interested in leasing the available space. Kornelis spoke to Fick. Fick offered $12,000. Graves stated that it appears Kornelis and Fick did not come to the same terms. Both thought they reached an agreement, but had understood different terms. Fick still wants to lease the space, but has a problem with the additional fee for the fish. If this concern can be resolved, the other issues can to easily handled. Question to the Council was whether they wanted to lease the space for $12,,000 only. A packet of information was distributed to Council at the beginning of the meeting. The items Fick was concerned about were his signing the lease as an individual; no second year option; paying the $0.0375 per pound for fish after 320,000 pounds have been unloaded; and, the tote does not weigh 1,000 pounds. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 3 Grahamson restated that the :information Fick received initially did not include the poundage charge. Kornelis stated that he explained while they were in negotiations, that the final approval must come from the Council. Williams agreed. Kornelis stated that Fick does not have a problem now with signing as an individual or not having the second year option. Also, the tote weight is not a problem. The only thing Fick is concerned with at this time is the poundage charge. Swarner stated that the Council passed a resolution in June which awarded the lease to Fick and it included the poundage charge. Council stood by that resolution and made no change. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1504-•92 - Amending the Kenai Municipal Code Amending the Procedure for Granting Conditional Use Permits. MOTION: Councilman Walker MOVED for adoption of Ordinance No. 1504-92 and Councilman Measles SECONDED the motion. There were no public or Council comments. VOTE: Measles: Yes McComsey: Yes Smalley: Absent Williams: Yes Walker: Yes Swarner: Yes Monfor: Absent MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1505-92 - Adding a New Chapter to the Municipal Code Establishing Accounting Provisions for the Congregate Housing Facility. MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1505-92 and Councilwoman Swarner SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 4 There were no public comments. Swarner stated that she recalled from former discussions, that the intent is for the money to be transferred to the General Fund where it can be used for senior programs when senior program funding is cut from other sources. Williams stated that he made comments that the money could be used for chairs, upholstery, etc. The seniors should not have to come back to Council for additional funding. Director Porter stated that would be if all the apartments are rented, as much as $80,000 could roll over to the General. Fund each year. Williams added that because of that availability of money, the Council wants a broader ability to control those funds. The Council is concerned that monies could be used without Council approval. Council will be able to approve the use of the funds at purchase order approval (11-2). Williams noted that a future Council can change the ordinance. Swarner stated she would like a method of tracking the funds. Brown stated that it would be done by an annual transfer and would be a separate item in the budget. It is very simple to keep it separated and tracked. Measles stated that he prefers they keep the ordinance as it appears. There's no need to track the money in the General Fund as the Council will keep track of monies used at the Senior Center. They are different cost centers. VOTE: Measles: Yes McComsey: Yes Smalley: Absent Williams: Yes Walker: Yes Swarner: Yes Monfor: Absent MOTION PASSED UNANIMOUSLY. C-3. Resolution No. 92-47 - Transferring $15,000 in the General Fund for Dust Control. MOTION: Councilman McComsey MOVED for approval of Resolution No. 92-47 and Councilwoman Swarner SECONDED the motion. There were no public comments. Walker stated he thought Council chose not to put these funds in the budget at this time. Brighton stated this item was discussed at the last meeting. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 5 Council directed Administration to prepare a resolution so that the money would be there for the dust control. McComsey added that Councilwoman Monfor requested that the resolution be done to make sure there will be money for dust control next year. VOTE: There were no objections to UNANIMOUS CONSENT. SO ORDERED. C-4. Resolution No. 92-48 - Donating Lots 15 & 16, Block 11, Carl E. Ahlstrom Subdivision to Central Peninsula Habitat for Humanity, Inc. for Construction of Housing. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 92-48 and requested UNANIMOUS CONSENT. Councilman Measles SECONDED the motion. Public comments: Barry Eldridge: Requested Council's support of the resolution. They have a family waiting to build a house and the organization is ready to start building this year. Next year they plan on building another home. Williams stated that the assessed value of the property is well below the $10,000 limit placed by the resolution. The area is not well -suited for homes. Williams believes the building will be a benefit to the. City to baring the property on the tax rolls. Measles asked about taxes owed. Administrative Assistant Howard stated that a letter was received from the Borough stating the City paid taxes owed in 1971-72. There were never any assessments on the property. Brown added that the Borough thinks the City paid the taxes on foreclosure and the property was deeded to the City. The Borough and City have no record. Howard added that the effective date of the resolution needs to be changed to July 17. Williams reminded Council that: the organization will be carrying the mortgage. The property has been sitting empty for twenty years. Measles asked how many other parcels fall into this category. Howard stated there are not many foreclosures that are KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 6 ten years old. Eldridge stated he researched the Borough records and found two in Ahlstrom Subdivision and one other on Beaver Loop Road. Measles stated that they were assured that the taxes would be paid including penalties and interest. Howard stated that she has a letter from the Borough stating there are no taxes owed. Measles asked how much in taxes would be owed if the property had been on the tax rolls. Brown stated he discussed the question with the Borough. They stated it would be difficult to answer. They could use an arbitrary date and compute taxes as if the property were privately owned. Brown stated that he did not think it was the intent to pay back taxes, but to pay the amount the Borough stated was owed. If it is Council's intention to charge for the taxes that would have been owed as if property had been privately owed, there will be a problem. It has been over ten years and the amount could be substantial. The resolution could be contradictory. That. is the problem they have had with the assessments. Brown stated that he decided that was not the council's intent. Brown stated that iE he misunderstood, the item needs to be readdressed. Walker stated he does not support the resolution. Walker stated that he does not feel it is in the best interest of the City to donate land to private hands, even if the property is put on the tax rolls. Walker added that the City is giving approximately $13,000 in land away. It will be a number of years before the property comes back on the tax rolls. MONFOR ARRIVED AT 7:45 P.M. McComsey questioned that both lots will be donated by this resolution, but the organization is planning to build only one home. Brighton stated that the homes must be built within a certain amount of time. Howard stated it is in the last "resolved" and will appear in the quit claim deed as well. McComsey stated that he does not like giving property away. McComsey stated he believes it is an excellent program. However, he does not like giving City property away. Monfor stated that she drove through the area. The last building donE! in the area she guessed, was five -six years ago. Monfor believes that the subdivision will benefit from the program. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 7 Brighton suggested that this could be perceived as a pilot program. Final approval of the program can be made after these homes are built. VOTE: Measles: Yes McComsey: No Smalley: Absent Williams: Yes Walker: No Swarner: Yes Monfor: Yes MOTION PASSED. C-5. 1992 Liquor License Application - Kenai Merit Inn - Beverage Dispensary. Approved by Consent Agenda. BREAK: 7:55 P.M. BACK TO ORDER: 8:10 P.M. ITEM D: COMMISSIONJCOMMITTEE REPORTS D-1. Council on Aging Swarner reported that she toured the Congregate Housing Project. The carpets, tile, and cupboards are being placed. Swarner referred to Attorney Graves' memo in I-3 regarding the management of the housing project. MOTION: Councilwoman Swarner MOVED for Council to award a one-year contract to the lowest bidder, Edwin and Margaret Goggia for the annual amount of $11,400. Councilwoman Monfor SECONDED the motion. Williams objected and stated that he would like to review the management plan before awarding the management contract. Williams asked Graves if the bidders gave plans in their bids. Graves stated that some gave general resume material. Graves added that the duties of the job were listed in the specifications. Williams added that he would like to sit down with Administration and review the management plan. Williams stated that there are concerns with including items from the KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 8 Landlord Tenant Act, etc. Graves stated that he and Brown reviewed the Act and they are ready to and intend to follow its guidelines. Williams stated that he has concerns about trust accounts. Also, where the rent will be paid, if there will be latitude for late payments for certain conditions, and who will the tenants talk to if there is a problem. Brighton stated they will talk to the same person they talk to at this time: Pat Porter. Tenants will pay their rent at City Hall. MOTION: Councilman Measles MOVED to gable the motion to the first meeting in August. Councilman McComsey SECONDED the motion. MOTION WAS TABLED. Graves stated he does not know if he can hold the bidders to their proposals until that time. Porter stated her concerns with the tabling until the first August meeting. The building is to be completed by August 25. She wanted to have the management in place prior to seniors moving into the building. Porter stated she is uncertain if the first meeting in August will allow enough time for those people who are to manage the property to move from where they are now living, etc. Porter requested Council table the motion to the July 15 meeting instead. Williams stated he had no problem with discussing the item at the July 15 meeting. He will review the plan. Williams stated he is not sure the :management plan presented to the bidders is to his liking. Graves stated that it does not matter who is chosen as the manager, 'they will have to following the plan on which the Council decides. McComsey asked if the bid included a management plan. Graves answered no, that the bid package included a fairly specific list of duties. Measles asked what the intended date to start the contract was. Graves stated it was not specific, but as soon as possible. They do wish to have the management: move in prior to occupancy of seniors. They will not be paying for management prior to the move -in date. Measles stated he would like to review the management plan as well. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 9 MOTION TO AMEND MOTION TO TABLE: Councilman Measles MOVED to amend his motion to table to the next regular council meeting and Councilman McComsey SECONDED. There were no objections to UNANIMOUS CONSENT. SO ORDERED. VOTE ON AMENDED MAIN MOTION TO TABLE: Measles: Yes McComsey: Yes Smalley: Absent Williams: Yes Walker: No Swarner: No Monfor: Yes MOTION PASSED. ITEM TO BE HEARD JULY 15, 1992. D-2. Airport Commission Minutes are in the packet. The next meeting will be in September. D-3. Harbor Commission There was no meeting. The next meeting will be July 6, 1992. D-4. Library Commission No meeting. D-5. Parks & Recreation Commission No meeting. Next meeting will be in August. D-6. Planning & Zoning Commission Minutes are included in the packet. Williams stated that he will attempt to have a suggested Old Town Task Force for the next meeting. D-7. Miscellaneous Commissions and Committees Monfor reminded Council of the parade on Saturday. Monfor also reported that: she was the guest speaker at the Rotary meeting where she discussed the All -America City application and award. The Rotary were very enthusiastic. Monfor stated that the City will be incurring some expenses to go with the award. Monfor KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 10 suggested that logos, etc. be handed out and encourage businesses, etc. to use them. The award belongs to everyone. This is an ongoing award. Williams requested Counci:l's approval to the following purchase orders in regard to the All -.America City award: 1. Designs - All -America City sweatshirts. The sweatshirts will be worn by Task Force members for the parade and will be their's to keep. There will be extra sweatshirts for sale. Cost of the sweatshirts - $526.00. 2. Polar Screens - A parade banner -- $545.00. 3. Polar Screens - Magnetic: signs with the All -America City logo and denoting it is the Mayor of Kenai's car in parades - $125.00. MOTION: Councilman Measles MOVED for approval of the purchase orders and Councilwoman Monfor SECONDED the motion. There were no objections. SO ORDERED. Williams requested Council's choice and approval for the following signs to be placed throughout the City denoting the All -America City logo: 1. Logo to be added to the existing "Welcome to Kenai" sign. Sandblasted - $485 Painted - $185 COUNCIL APPROVED THE SANDBLASTED SIGN. 2. Logo for City Hall. Council decided on a decal for the window. Clerk Freas is to check on the price. 3. Plastic letters for above the car rental area in the Kenai Municipal Airport. $892, installed. COUNCIL APPROVED, NOTING TO USE AIRPORT FUNDS. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 11 4. 5. Two logos to be placed at ends of plastic letters above the car rental area in the Kenai Municipal Airport. Sandblasted - $425 x 2 == $850 Painted - $160 x 2 = $320 COUNCIL APPROVED SANDBLASTED. COSTS TO BE PAID FROM AIRPORT FUNDS. Logo to be added to the flower bed at the Airport Triangle Park. Sandblasted - $560 Painted - $220 COUNCIL APPROVED SANDBLASTED. Discussion followed as to whether the cost of this sign could be taken from airport funds. Brown stated it could not be. Ernst added that there have been no airport funds used in the development of the Triangle Park. Brown was directed to find from where the monies could be used to purchase this sign. 6. 4x8 ft. sign at Bridge Access - $360.00 Williams is to bring back another price for a sandblasted sign. Ask Sherman to propose cost for mounting a shield between the poles (in the middle of the sign). 7. Labor and :installation of signs (except the plastic signs in Airport). Cook Inlet Lighting - $575 APPROVED BY COUNCIL. McComsey suggested that logos be purchased to place on all City vehicles. Clerk Freas is to check on the costs. MOTION: Councilman McComsey MOVED for approval of all of it and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. Brighton asked if decals should be purchased for placement at the tourist center_, Rec Center, etc. Monfor stated that a decal KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 12 should be placed in the window of all City -owned buildings. Clerk Freas was requested to get cost proposals for a variety of sizes of decals. Brighton asked if the decals were to ordered regardless of the costs. A cost proposal is to be reviewed by Council. Williams reported that the All -America City Task Force has proposed to have a community celebration on September 6. The celebration would include a free picnic and incorporate the grand opening of the congregate housing project. Restaurants and service organizations in the area have been contacted and many have donated items toward the food. The only cost Williams believes will come to the City will be for the halibut. Williams added that the Governor will be invited, as well as Stevens, Murkowski, Young, State representatives and senator, and political candidates. The Old Carr's Mall will be used to house the celebration. Williams reviewed the list of donations already agreed to be brought by the different organizations. Williams reported that: a softball tournament is also being planned. There were no objections to the plan. ITEM E: MINUTES E-1. Regular Meeting of June 17, 1992. Approved by Consent Agenda. E-2. Board of Adjustment Meeting of June 17, 1992. Approved by consent Agenda.. ITEM F: CORRESPONDENCE None. ITEM G: OLD BUSINESS None. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 13 ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Measles MOVED to pay the bills and Councilman McComsey SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $1,000 MOTION: Councilman Measles MOVED for approval of the purchase orders exceeding $1,000, including the two additions made tonight to Alaska Roadbuilders ($3,300) and Arctic wire Rope & Supply ($2,070). Councilwoman Swarner SECONDED the motion. Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-3. Ordinance No. 1506•-92 - Increasing Estimated Revenues and Appropriations by $5,983,000 in the Court Facility Capital Project Fund. Approved by Consent Agenda. H-4. Ordinance No. 1507-•92 - Amending Kenai Municipal Code, Section 14.15.110, Entitled "Plan Adopted." Approved by Consent Agenda. H-5. Discussion - Work Session/Commissioner Mala, Health & Social Services. There were no objections to netting a work session for 7:00 p.m., July 15, 1992 with Commissioner Mala. Topic of discussion will be the services Health & Social Services have available in the area. H-6. Discussion - Furnishing and Installation of Chainlink Fencing/New Grace Drilling Property/Peninsula Fence Company - $.18,387.00. A copy of the cost proposal from Peninsula Fence, the ordinance to reimburse Grace Drilling for moving expenses, and the rescission agreement between Grace Drilling and the City were KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 14 included in the packet. Williams reported that he was contacted by Grace Drilling after they received a copy of the fencing proposal. Grace Drilling believes that they should not have to pay for the cost of the fencing. Williams stated he was not sure if Grace had a copy of the ordinance which allowed $40,000 to be paid to Grace Drilling for moving expenses and $30,000 for environmental assessment. Williams asked Brown if any of the $30,000 was left. Brown stated that the funding lapsed at midnight, June 30. There was about $15,000 not used for professional. services. Williams asked Council what they wished to do. Williams added that the City will retain the fence that is on the property from which Grace moved. Williams stated that Peninsula Fence stated that to move the fence now on the property would be more costly than placing new fence. Walker asked if Grace Drilling has documented their costs. Williams stated that the City authorized $40,000 for their relocation and they spent it as they wanted. Measles stated that the $40,000 included funds to move the fence. McComsey asked if Grace agreed to that payment. Answer was yes. McComsey stated that Grace Drilling should move their own fence or build a new one. No changes were made. There was no further discussion of the matter. H-7. Approval - Construction Change Directive No. 23 - Kenai Congregate Housing :Project/Gaston & Associates, Inc./$1,794.00. MOTION: Councilwoman Swarner MOVED for approval. of Construction Change Directive No. 23 and Councilwoman Monfor SECONDED the motion. There were no objections. SO ORDERED. H-8. Discussion - Construction Administration Fee, Extended Services - Livingston-Slone/Kenai Congregate Housing Project. Mr. Donald E. Slone of Livingston Slone, Inc. was present to discuss the matter with Council. Slone referred to a letter included in the packet dated June 19, 1992 and a letter distributed to Council this evening, dated July 1, 1992. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 15 Livingston Slone, Inc. is requesting an extension of services at additional cost to the City. The letters describe the request for additional funding of $89,600 and how that amount was derived. Slone stated the $89,600 is based on agreements set out in the letter of June 19 and reflects credits and discounts by Livingston Slone, Inc. of over $62,000. Discussion followed regarding the credits and discounts. Slone stated they included contract areas, city -requested items and architect responsibility gray areas, city gray areas, and gray areas between the City and Livingston Slone, Inc. Slone stated that they do not want to be placed in an adversarial position and want to continue their services to the structure. Swarner asked Kornelis if he has a list of the "gray areas." Kornelis answered that he has a list of the construction change orders and directives. Swarner added that she recognizes that some of the items the City requested, however, there are some that the City questions. She would like to see those on a list. McComsey asked Slone if he was saying that they bid an amount of money to do the project, and that money ran out on May 31. Slone answered yes. Slone added the $89,6000 is a compromise. The bidding technique was discussed. Slone stated they are requesting $59,000 for additional services and the balance is for extended services at a 50% discounted rate. Walker asked how many of the DVCR's are due to specific errors in design of the architect or engineering of the building. Slone stated that the time prior to May 31, none. After that, none also. Slone stated he has not reviewed them with Kornelis and confirmed this. They have identified those items that may be their responsibility and taken them off' of the cost. Walker stated that based on Slone's remarks, if they take out all of the errors, potentially, that they made, they missed their estimate on additional services or related services normally in these contracts, by at least 30%. If the estimate was missed by $30,000, it sounds like they want to reconstruct the whole contract. That would necessitate a re -bid of the project. Missing by 30% is a substantial amount of money. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 16 Slone stated that $59,000 were for changes that could not be anticipated by the contractor or the City. Slone added that their responsibility is to protect the City through their enforcement of the contract documents. Slone stated that he tried to eliminate Council's questions about their services. The question is whether the Council wishes to go forward. Slone stated he believes it is in the City's best interest to continue to the contract. Slone added that there have been 5% of change order:; and 4.7% was what City asked for directly. 4.7% was what the City asked for directly. Discrepancies in the documents were about 1%. Slone stated this reflects good administration of the contract. Williams requested that Council meet in executive session with Brown, Kornelis, Graves and Brighton to discuss this item which may have a financial bearing on the City because of Page 4, paragraph 5 of the memorandum from Livingston Slone to Kornelis. MOTION: Councilman Walker MOVED to meet in executive session and Councilman McComsey SECONDED the motion. VOTE: Measles: Yes Williams: Yes Monfor: No MOTION PASSED. McComsey: Yes Smalley: Absent Walker: Yes Swarner: Yes EXECUTIVE SESSION BEGAN: 9:45 P.M. BACK TO ORDER: 10:26 P.M. Williams stated that Council met in executive session and discussed the potential offer of Livingston Slone in regard to congregate housing. MOTION: Councilman Measles MOVED to increase the contract amount by $89,500, provided that the amount is a final not -to -exceed amount and that the City reserves the right to pursue any and all claims it deems necessary against the firm of Livingston Slone. Councilwoman Swarner SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 17 Slone was asked if he understood the motion. Slone stated that believed so. That the City :is increasing the contract amount but did not agree to settle. Slone added that part of the $89,600 is a discount of approximately :?63,000. This was attached to try to settle the issue of whether to pay for services or not, or the level of services. Williams stated that it is the Council's desire to finish the project. They are agreement to do that by increasing the fee by $89,600, no more, no contingency, etc. Williams added that they are saying $89,600 is it and should litigation transpire at a later date, the City reserver the right on any avenue for City to pursue. The City also expects the job to be finished. Slone asked if Council was wanting the discounts that have been offered. Williams stated absolutely. Slone requested an opportunity to discuss this further with Administration to establish the mechanism they will have for other services coming up if the City wants to make any changes. Williams stated that should further changes be ordered by the City that may be necessary, they will bring with them fee changes. However, the City does not anticipate any more changes and so they are offering $89,600 and that is it. The record and Council will agree and if Council makes a change, the Council will consider other fees. Williams reiterated, "if Council decides to make a change." Slone stated that if he understands, if there are any changes, they are to bring them to Administration and Council before providing the services. Walker asked if he understood correctly the last point made that any change directive or change order will carry with it additional fees to Livingston Slone. Any changes initiated by the City of Kenai would be considered to increase the scope of work. Any changes due to design errors, structural changes, etc. should be included in the $89,600. Slone stated that to the extent that the City does not want to pay, they cannot guarantee they will do all the work needed. Williams stated that the project is within 45 days of completion. Williams feels that Livingston Slone has a moral responsibility to produce a good product. The City does not fear litigation. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 18 Slone stated that he wants to go ahead with the project, hand -in - hand. Walker asked Slone when the City can expect a decision on the Council's motion. Slone stated that as soon as he can discuss it with his engineers. Slone hopes an answer will be forthcoming by the end of next week. Walker asked if the answer would be to the City prior to the July 15, 1992 meeting. Slone stated they will tray to act quickly. ITEM I: ADMINISTRATIO]q REPORTS I-1. Mayor 1. Phil Bryson - Williams reported that he had been contacted by the Borough and asked if Council would like to reappoint Phil Bryson to the Kenai Peninsula Borough Planning & Zoning Commission. MOTION: Councilman Measles MOVED to reappoint Phil Bryson to the Kenai Peninsula Borough Planning & Zoning Commission. Councilman McComsey SECONDED the motion. 2. T-33 Airplane - Williams stated that there had been a telephone poll regarding the sandblasting and painting of the T- 33. Williams added that the funding put aside for the refurbishing of the plane was absorbed on June 30. It will require approximately $1,500 to finish the work. MOTION: Councilman Walker MOVED that funds come from the miscellaneous account for costs for the completion of work on the T-33. VOTE: Measles: Yes Williams: Yes Monfor: Yes MOTION PASSED. I-2. City Manager No report. McComsey: Yes Smalley: Absent Walker: Yes Swarner: No KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 19 I-3. Attorney No report. I-4. City Clerk Clerk Freas read into the record the findings of the telephone poll of June 25, 1992 in regard to the sandblasting, primer and painting of the T-33 airplane. I-5. Finance Director 1. Insurance - Brown referred to an article included in the packet regarding Lloyd's of London Insurance Company. Brown is concerned with the statements made in the article that Lloyd's of London is having financial problems. Brown stated that he mentioned this information in his previous memorandum to Council regarding the purchase of insurance for the upcoming year. Council directed the City to purchase coverage through Last Frontier Insurance which included Lloyd's of London for police and public officials insurance. Brown stated he is not asking Council to rescind their actions, but that he will be watching it very closely. He is not saying to change brokers, but change to a different carrier. Walker askedif it would not be the obligation of the insurance broker to provide coverage through another carrier if Lloyd's fails. Graves stated if Lloyd's fails and the City is not covered, the City would be liable. However, the City could then file against the broker. Brown added that Last Frontier is aware of Lloyd's problems and they are concerned also. Brown stated he felt it was A.dministration's obligation to bring this to the Counci:l's attention. Council directed Brown to request Last Frontier to find. different quote. Measles added that Last Frontier should be reviewing information already to have it available when needed.. Brown stated the he thought the City would have to push Last Frontier to look for another carrier. Williams stated to Brown to tell, them the Council wants another quote. 2. Court House Financing - Brown referred to his memorandum included in the packet which is a synopsis of the court house financing. Brown stated that there are some expenditures being committed to that should be reimbursed, i.e. plans & specifications, title insurance policy. All these KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 20 expenditures should come out of the proceeds of the debt of the grant. A package of information must be available for the investors. Brown will have an ordinance before Council at the next meeting. The investors will be bidding an interest rate on July 14. Determination of who and how much money will be needed should be made by July 15. I-6. Public Works Director Kornelis reviewed different upcoming pre -bid conferences and bid openings with Council. Kornelis added that the Set Net Court/Drive project is proceeding. The Sewer Treatment Plant project will. soon be closed. Preliminary drawings for the Mission Street paving project: are available. There will be a public hearing in approximately two weeks for public review. Congregate Dousing Project is; going along. The airport project is progressing smoothly. I-7. Airport Manager No report. ITEM J: DISCUSSION J-1. Citizens M. Targonsky - Asked if a moratorium had been placed on development in the Townsite I=(istoric Zone. Williams stated that no moratorium had been placed',. A task force will be assigned at the July 15, 1992 meeting. I-2. Council Walker - No report. Swarner - a. Will not be in attendance at the next meeting. b. Asked what the Recreation Center's policy is on donations and is it the same for the City and the aerobic instructor. McGillivray stated that they have distributed three or four punch cards a year to different organizations that have requested them. C. The: AML Legislative Committee will be meeting in Kenai on July 30 and 31. A dinner has been scheduled for the evening of July 30 at the Swarner residence for the Committee members. Swarner invited Council to attend. KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 21 Monfor - No report. Measles - Requested to modify -the janitorial contract at the Kenai Visitor & Cultural Center for the summer. The modification would be to have the Center cleaned seven days per week during July and August and have the Center cleaned two times per week during the winter months. Brown stated that the contractor could be requested to do that. Graves added that the contractor would need to be contacted to change the time to perform, etc. Administrative Assistant Howard will contact the contractor. McComsey - Referred to a request he made of Attorney Graves earlier in the day to call DEC regarding some items being buried on property within the City of Kenai. Graves stated that he called DEC and there were aware of some bags of catalytic material on the site. A DEC representative is supposed to go to the site and check. Williams - Informed Council that a new manufacturing plant is moving to the south end of Miller Loop Road. The company will be manufacturing dimensional lumber from glass and plastic waste. They will be employing approximately 40 people. Councilman McComsey left the meeting at 11:09 p.m. ITEM K: The meeting adjourned at 11:10 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk JOE" A. MARKS ALASKA STATE SENATE DISTRICT E Fire Chief David Burnett City of Kenai 105 S. Willow Kenai, AK 99611 Dear Chief Burnett, July 6, 1992 �21�A568910�1� M� JUL 1992 m ,,,Lid 00 Ty CLERK r' OF KENAI Lb 2 `z' Ea Z2A2� �o Mrs. Marks and I would like to express our sincerest thanks and appreciation to Mr. David Wilcox and Mr. Walt Williamson for the prompt and professional manner in which they attended to my wife's foot injury at the July 4th festivities. Mr. Wilcox and Mr. Williamson exhibited a care, concern and compassion that eased my wife's pain and distress at a time when she most needed it. We would also like to thank Mr. Don Anderson of the State Forestry Division for his initial care and for assisting us and your Paramedics. Dr. Magen and Nurse Lucy Johnson x-rayed Mrs. Marks foot and toes at the Soldotna Hospital and found no bone fractures. Mrs. Marks suffered no permanent injury and is now walking normally. Thanks for your care and concern. Mrs. Marks and I would appreciate an opportunity to thank you, Mr. Wilcox„ Mr. Williamson and Mr. Anderson personally in the near future for attending to Mrs. Marks' injury. Sincerely, r Joe A. Marks cc: Mayor John Williams 13961 Jarvi Drive Anchorage, AK. 99515 345-1345 fax 345-6425 1791-1991 �l CITY OF KENAI " Od G'dpill 4 r44a-�a 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907.283-3014 MEM10RANDUM TO: City Council Members FROM:C 6 Cary R. Graves, City Attorney DATE June 26, 1992 RE: Vintage Pointe Manor - Manager Contract Proposals A Request for Proposals was published May 20, 27, June 3 & 10, 1992. Three proposals were received by June 17, 1992, as follows: Name: Price Annual Per Month Amount: ------------------------------------------------------------------- Accounting & Property Management $4,000 $ 48,000 (If no snow plowing of driveway & lot deduct) -$ 3,000 Loretta French/Jardel Consultant Services $9,173 $110,076 Edwin & Margaret Goggia $ 950 $ 11,400 Does council agree that the one-year contract should be awarded to the lowest bidders, Edwin & Margaret Goggia? CRG:dc 1791-1991 CITY OF KENAI %Od CajeziW 4 44a,44.a„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907-283-3014 CITY OF KENAI REQUEST FOR PROPOSALS BUILDING MANAGER SERVICES FOR _ VINTAGE POINTE MANOR: SENIOR CONGREGATE HOUSING The City of Kenai is seeking proposals for a live-in building manager at the newly constructed Vintage Pointe Manor Senior Congregate Housing Facility. The successful applicant will be awarded a one year contract. Proposal forms and specifications can be obtained at City Hall, 210 Fidalgo Avenue, Kenai, Alaska. The proposal shall show the cost to the City per month for the one year period of the contract, and a list of previous experience in housing or property management. Selection will be based on a combination of qualifications and cost to the City. All proposals must be received by 2:00 p.m. on Wednesday, June 17, 1992, at City Hall. An informational conference for all interested persons will be held at the Kenai Senior Center, :361 Senior_ Court, Kenai, Alaska, on Friday, May 29, 1992 beginning at 10:00 a.m. The Conference will be conducted by the Senior Center Director and will include a general briefing, a question and answer session, and an inspection tour of the facility. All interested parties, including Disadvantaged Business Enterprises, are encouraged to submit proposals. No person shall be excluded on the grounds of race, color, disability, religion, age, sex, or national origin. The City of Kenai reserves the right to reject any or all proposals and to waive any irregularities in the proposals. All proposals must be addressed to: City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska 99611; placed in a sealed envelope with the applicant's name in. the upper left corner and "Building Manager Proposal" in the lower left corner an the outside of the sealed envelope. Dated: May 12, 1992. CITY OF FENAI By: Wm. J.; Bri on City Manager PUBLISH: MAY 20, 27, DUNE 3, 10, 1992 AGREEMENT FOR SERVICES THIS AGREEMENT made this day of , 1992, by and between the City of Kenai, hereinafter called "Owner", 210 Fidalgo Avenue, Kenai, Alaska 99611, and , hereinafter called "Contractor", whose address is , , Alaska. wi,rNESSETH : WHEREAS, Owner desires to contract for building management services for the VINTAGE POINTE MANOR CONGREGATE HOUSING FACILITY and has requested proposals to furnish said services; NOW, THEREFORE, the parties hereto agree as follows: 1. Beginning on , 1992 and ending on 1993, unless terminated earlier pursuant to this Agreement, Contractor shall provide and perform for the Owner the services described in the "Specifications for Building Manager Services" for the VINTAGE POINT MANOR (hereinafter called "Specifications"), a copy of which is attached hereto as Exhibit "A" and by this reference incorporated herein, in the areas of the building set: forth therein to be serviced. 2. Any personnel furnished by Contractor shall be employees, of Contractor, and Contractor shall pay all salaries and expenses of, and all federal social security taxes, federal and state unemployment taxE's, and any similar payroll taxes relating to such employees. Contractor shall be Page 1 of 4 considered for purposes hereunder as an independent contractor, and it will not at any time directly or indirectly act as an agent, servant, or employee of the Owner, or make any commitments or incur any liabilities on behalf of the Owner without its express written consent. 3. Contractor shall provide all proper safeguards and assume all risks incurred in performing its services hereunder. 4. Contractor shall provide the insurance coverage set forth in the Specifications and deliver to Owner certificates of insurance in accordance therewith on or before the beginning date shown in paragraph #1 herein. 5. Without limiting the responsibility of Contractor for the proper conduct of its personnel, the conduct of the building management is to be guided by rules and regulations as agreed upon from t.'_me to time between the Owner and Contractor in writing, and such additional special written instructions as may be issued by Owner to Contractor from time to time through its designated agent, the City Manager. 6. Contractor is responsible for the direct supervision of its personnel through, its designated representative, and such representative shall, in turn, be available at all reasonable times to report and confer with the designated agents of the Owner with respect to services rendered. 7. Contractor agrees that the building management service, to be provided hereunder shall be performed by qualified, careful, and efficient employees in strict conformity with the best practices and highest applicable Page 2 of 4 standards. 8. In exchange for performance of services hereunder the owner shall make payment, upon proper invoicing, to Contractor for services rendered hereunder at the rate of $ per month. The owner shall also provide the Contractor with an unfurnished apartment at no expense, except that the contractor shall be responsible for electricity and telephone for the apartment. 9. Contractor shall perform all services required hereunder, except when prevented by strike, lockout, act of God, accident, or other circumstances beyond its control. 10. This Agreement may be terminated with cause by giving fifteen (15) days written notice by certified mail addressed to the other party. The parties may by mutual consent terminate this Agreement upon thirty days written notice. 11. The Building :Manager agrees to keep office hours from 10:00 a.m. to 2:00 p.m., Monday through Friday. The Building Manager shall not accept any other employment that substantially interferes with the duties and responsibilities of this Agreement. 12. No person under the age of eighteen (18) years may reside in the Building Manager's apartment. 13, The Building Manager is required to abide by all rules and regulations governing the Tenants of the building, except for the senior citizen age eligibility requirements. 14. No pets of any kind will be allowed on the premises. 15. The Owner and Contractor, by mutual agreement within Page 3 of 4 thirty (30) days prior to expiration of this Agreement, may extend this Agreement by a period no greater than one year. This Agreement, together with the attached Specifications contains all of the covenant and agreements between said parties with respect to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. OWNER: CITY OF KENAI CONTRACTOR: By: Wm. J. Brighton City Manager By: STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1992, WILLIAM J. BRIGHTON, City Manager of the City of Kenai, being personally known to me, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. NOTARY PUBLIC for State of Alaska My Commission Expires STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT } THIS IS TO CERTIFY that on this day of , 1992, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. NOTARY PUBLIC for State of Alaska My Commission Expires Page 4 of. 4 CITY OF KENAI SPECIFICATIONS FOR BUILDING MANAGER SERVICES FOR VINTAGE POINTE MANOR SENIOR CONGREGATE HOUSING 1. The Building Manager will be provided with an apartment at no cost, except for electricity and telephone. The Building Manager will reside in the apartment and be available to provide the services required in these specifications. 2. The contract may be terminated for just cause upon fifteen (15) days written notice by certified mail. The contract may be terminated by mutual consent upon thirty (30) days written notice. 3. The City will furnish the necessary equipment and cleaning supplies needed for the performance of maintenance. The Building Manager shall submit written requests for purchase of equipment and supplies to the Administrator. 4. The Contractor and any employees of the Contractor shall be thoroughly familiar with these specifications. 5. The City Manager has designated the Director of Senior Services to be the Contract Administrator on his behalf. The Contractor will be responsible for prompt attention to any defective work called to his attention by the Administrator. If complaints regarding building management services are sent to the Contractor by mail, the Contractor shall act on the complaint within twenty-four (24) hours. If the complaint regarding building management services is delivered to the Contractor orally by the Administrator, the Contractor shall act on the complaint on the same day the complaint is delivered. If the deficiencies are not corrected in the allotted time, the City will arrange to have the work done and all charges will be deducted from the Contractor's monthly payment. 6. The Contractor shall have a telephone with an answering machine whereby he/she can be contacted at any time. 7. Should the Building Manager be away from the premises overnight or otherwise unable to perform his/her duties, he/she shall designate another person of authority who shall be empowered to act for him/her, and shall stay in the Building Manager's apartment during the absence. The substitute person must be approved by the Administrator. ATTACHMENT A - SPECIFICATIONS - 1 8. The Contractor may be required to meet with the Administrator as needed each month to conduct an inspection of the premises and discuss performance. 9. The Contractor shall obtain a State of Alaska business license and a. Kenai Peninsula Borough sales tax account number. 10. The Contractor shall not commence work until they have obtained the following insurance and shall maintain the same throughout the life of the Contract. A. Workman's Compensation Insurance as required by the State of Alaska. B. Indemnification The Contractor shall indemnify and hold harmless the City of Kenai and/or any of its agents or servants from any and all suits or claims for damages of any character whatsoever from injuries sustained by any person or persons or damage to property occurring in connection with operations under this contract. The following Specifications are subject to change or modification upon agreement between Contractor and City. DAILY MAINTENANCE 1. Clean, vacuum and dust entry, arctic foyer and common areas on the first floor and keep entry and exit door windows free of smudges. 2. Clean all public rest rooms and replenish all needed supplies. 3. Empty all common area trash receptacles. 4. Pick up trash and debris from parking lot and grounds. 5. Sweep sidewalks and gutters as needed. 6. Check all light fixtures in common areas, replacing light bulbs when necessary. WEEKLY 1. Prepare weekly report of general work completed. 2. Prepare a weekly report of tenant concerns and services provided each tenant. ATTACHMENT A - SPECIFICATIONS - 2 TWICE WEEKLY 1. Clean, vacuum and dust all common areas on the second and third floors. 2. Check boiler room for needed repairs. FALL/WINTER 1. Put away all yard equipment for the winter. 2. Drain and store outside hoses. 3. Discard seasonal flowers. 4. Check to see that all outside water faucets are secure and not dripping prior to freeze up. 5. Store portable planters„ 6. Keep the driveway, sidewalks, walkways, trash area, and entry/exit doorways free of snow and ice. SPRING/SUMMER 1. Mow the lawn once a week:. 2. Fertilize the yard twice each year. Once in the spring and once in mid -summer. 3. Plant seasonal flowers. 4. Water the lawn, shrubs and flowers as needed. 5. Sweep sidewalk and gutters as needed. AS NEEDED 1. Monitor emergency system. 2. Contact proper authorities when emergencies arise, avoiding any action which may be considered to be of any type of medical assistance to the tenants. 3. Do minor maintenance and repairs of apartments. 4. Clean and show vacant apartments two prospective tenants. 5. Report needed maintenance to Administrator. ATTACHMENT A - SPECIFICATIONS - 3 6. Water and fertilize inside plants. 7. Assist with the setting up, dismantling and storage of seasonal and holiday decorations. S. Be available to handle tenant concerns at various hours. 9. Maintain all janitorial and storage units in a clean, safe and orderly condition. 10. Maintain smoke detectors and fire extinguishers according to the City Fire Code. 11. Other duties may be assigned as needed. Failure to comply with the terms of these specifications shall subject the contract to termination. If you have any questions, you may call City Hall (907)283-7530. ATTACHMENT A - SPECIFICATIONS - 4 PROPOSAL FORM BUILDING MANAGER SERVICES VINTAGE POINTE MANOR SENIOR CONGREGATE HOUSING Please Print or Type: BIDDER'S NAME: ADDRESS: TELEPHONE NUMBER: LIST PREVIOUS EXPERIENCE IN DOUSING OR PROPERTY MANAGEMENT: PROPOSED PRICE PER MONTH: $ NOTE: Any price other than that requested above may, subject to determination by the City, render the bid non -responsive. SIGNATURE: DATE: , 1992 Q a- 3 w _ > Q ti r w a— � Q IZ <V ~ m tt .-.. uC C•^_ cp cp c� m CO LL qi W ~ u~'a ~ W W W W H ti � u ti Q 4 Z ZO Z Q �-7 (7 aQ-r J rQ-r rQ--r = O � � r __• Ca Cs _• J —� r•n —� J S U O d Z G Q Q H- O Z G O Ti it rfs (r Vi Va N Va [1"a G W S Q M u Y d Y a-ti ati r--� ac _ • i! of f! iY M— Q �-1 •f LL S: d Yf faa •.� W �r Q Va W W ati 1--r . � �� M :1 W W W •.. O W W � � J � -• s�ia � W W W Z Z. Z J J ...• Z T O c_a G U Q V - o -� c z o ,,, � - - W � r, i. a �z-. u - .., a �.. -> -� .� ... o m �` � y � .. .a ._� o .-. a or o N o .� c. Suggested by: Administration CI=TY OF KENAI ORDINANCE NO. 1508-92 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KMC 23.05.010 TO COMPLY WITH LAWFUL EMPLOYMENT QUALIFICATIONS. WHEREAS, KMC 23.05.010 describes general criteria for City employment; and WHEREAS, legislation regarding discrimination based upon age or disability requires that the City's Code be updated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: KMC 23.05,0.10 is hereby amended as follows: Chapter 23.0E- GENERAL PROVISIONS Sections• 23.05.010 Employment -Qualifications [AND FITNESS]. 23.05..020 Incentives and Conditions. 23.05.030 Uniformity of Classification and Compensation. 23.05.040 Appointment.. 23.05.050 Morale. 23.05.060 Tenure. 23.05�070 Definitions. 23.05.010 Employment -Qualifications [AND FITNESS]: Employment in City Government shall be based on qualifications [AND FITNESS], free of personal and political considerations, with equal opportunity for all with no unlawful restrictions as to race, color, creed, rel.i.gious affiliations, age or sex. It is a policy of the City to not dis:riminate against the [HANDICAPPED] qualified disabled in employment. PASSED BY THE COUNCIL OF" THE CITY OF KENAI, ALASKA, this fifth day of August, 19192. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 15, 1992 Adopted: August 5, 1992 Effective: September 5, 1992 Approved by Finance: C 4 (7/10/92) kl 1791-1991 ' CITY OF KENA "0d Oapdal 4 4iad „ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 If MEMORANDUM TO: Mayor John J. Williams & Kenai City Council FROM: Kim Howard, Administrative Assistant DATE: July 10, 1992 F' FOR: July 15, 1992 meeting RE: Assignment of Lease - Katmai Motel Lots 1 & 1A, Aleyeska Subdivision, Part 3 The leases for the referenced properties require the City to consent to any assignment of lease. Alaska Industrial Development and Export Authority is requesting the City's consent for the attached Assignments of Lease to James C. Singree and Erika E. Singree. The lessee is current in lease payments, sales tax and property taxes. The City Attorney has reviewed the documents. He has no objections to the assignments. Does the City Council approve the Assignments of Lease? If so, the Consents to Assignment will be signed by the City Manager. Attachments cc: Alaska Industrial Development and Export Authority James C. Singree and Erika E. Singree Jkh LEASES\ASSIGN.MEM ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY 480 WEST TUDOR • ANCHORAGE, AUkSKA 99503-6690 • (907) 561-8050 • FAX (907) 561-8998 July 6, 1992 City of Kenai Cary Graves 210 Fidalgo Avenue Kenai, AK 99611 Re: Lot One: (1) and Lot One --A (1-A), according to the plat of ALEXESKA SUBDIVISION, PART 3 Dear Mr. Graves, Alaska Industrial Development and Export Authority (AIDZA) has accepted an Earnest Money Receipt and Agreement to Purchase the above leasehold estate from James C. Singree and Erika E. Singree. It is our des.4re to assign our interest in the existing lease(s) between the City of Kenai and AIDEA to the Buyers. Enclosed please find copies of two (2) assignments and a copy of the warranty deed for your review. Please include our request to tran,;Fer our leasehold interest on the agenda of the next City Council meeting and provide us with the City's consent. Elaine Pauna of TransA:aska Title (Kenai office) is closing this transaction for AIDEA; please coordinate the recording of the assignnenrs with Elaine. In the event your have any changes or questions please give me a cull at 561-8050. Sincerely, ItAnn Wixon enclosure cc: TransAlaska Title e4L1;K This assignment, entered into, between the CITY OF KENAI and ALASKA INDUSTRIAL DEVELOPMENT L EXPORT" AUTHORITY, 480 West Tudor, Anchorage, AK 99503-6690, hereinafter referred to as the Assignor; and James C. Singree and Erika E. Singree, 10800 Kenai Spur Highway, Kenai, Alaska 99611, hereinafter referred to as the Assignee. Assignor does hereby assign and transfer all of his interest in the leasehold estate to that certain Leasehold estate created by that certain instrument dated May 5, 1967, executed by and between City of Kenai and Del Alsop, and recorded April 29, 1968, in Misc. Book 31 at Page 20. The Lessee's interest is now held of record by Alaska Industrial Development and Export Authority ("AIDEA") pursuant to instrument recorded December 20, 1989 in Book 375 at Page 777, as it affects the following described reel property: Lot One (1), according to the Plat of ALEYESKA SUBDIVISION, PART 3, filed under Plat No. K-1531, in the Kenai Recording District, Third Judicial District, State cf Alaska. To have and to hold the same from the date hereof, for and during all of the remainder yet to come of the term of said Lease Agreement. Assignee agrees to comply fully with all the terms and provisions of the Lease, and to hold the Assignor harmless from any liability arising thereunder. IN WITNESS WHEREOF, the said Assignor has hereunto set his hand and seal this day of July, 1992. ASSIGNOR: ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY By: John H. Delano Acting Deputy Director (Credit) ASSIGNEE: James C. Singree, Indivi.duall,y Erika E. Singree, Individually STATE OF ALASKA ) ) se. Third Judicial District ) THIS IS TO CERTIFY that on this day of July, 1992, John H. Delano, Acting Deputy Director (Credit), of ALASKA INDUSTRIAL DEVELOPMENT AND EX?ORT AUTHORITY, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. NOTARY PUBLIC for Alaska. My commission expires: __ STATE OF ALASKA ) ) as; Third Judicial District ) THIS IS TO CERTIFY that on this .— day of July, 1992, James C. Singree and Erika E. Singree, being personally known to me or 'having produced satisfactory evidence of identification, appeared before one snd acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires: STAR CHARGE, - 2 - This assignment, entered into between the CITY OF KENAI and ALASKA INDUSTRIAL DEVELOPMENT & EXPORT AUTHORITY, 480 West Tudor, Anchorage, AK 99503--6690, hereinafter referred to as the Assignor; and James C. Singree and Erika E. Singree, 10800 Kenai Spur Highway, Kenai, Alaska 99611, hereinafter referred to as the Assignee. Assignor does hereby assign and transfer all of his interest in the leasehold estate as evidenced by that certain Leasehold estate created by that certain instrument dated March 1, 1968, executed by and between City of Kenai and Calvin Martin and Marion Martin and recorded April 29, 1968 in Misc. Book 31 at Page 27. The Lessee's interest is now held of record by Alaska Industrial Develop«ent and Export Authority ("AIDEA") pursuant to instrument recorded December 20, 1989 in Book 375 at Page 777, as it affects the following described real property: Lot One -A (1-A), according to the Plat of ALEYESKA SUBDIVISION, PART 3, filed under Plat No. K--1561, in the Kenai Recording District, Third Judicial District, State of Alaska. To have and to hold the same from the date hereof, for and during all of the remainder yet to come of the term of said Lease Agreement. Assignee agrees to comply fully with all the terms and provisions of the Lease, and to hold the Assignor harmless from any liability arising thereunder. IN WITNESS WHEREOF, the said Assignor has hereunto set his hand and seal this day of July, 1992. ASSIGNOR: ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY By: _T John H. Delano Acting Deputy Director (Credit) ASSIGNEE: _ James C. Singree, Individually Erika E. Singree, Individually STATE OF ALASKA ) ) ss. Third Judicial District ) THIS IS TO CERTIFY that on this __._, day of July, 1992, John H. Delano, Acting Deputy Director (Credit), of ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. NOTARY PUBLIC for Alaska. My commission expires: STATE OF ALASKA ) ) ss: Third Judicial. District ) THIS IS TO CERTIFY that on this day of July, 1992, James C. Singree and Erika E. Singree, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires: S 'l 6051NESS/,,40 CHARD[ 2 JUL.. Ot 'g_ 15:48 riIDi STATUTORY WARRANTY DEED A.S. 34.15.030 F,.- j The Grantor, Alaska Industrial Development and Export Authority, for and in consideration of Ten and 00/100 Dollars ($10,00) and other good and valuable consideration in hand paid, the receipt of which is hereby acknowledged, conveys and warrants to the Grantees, James C. Singtee ind Erika E. ingree, tenants by the entirety, a leasehold estate, the following described reed property: PARCEL I: - - That certain Leasehold estate created by that certain instrument dated May 5, 1967, executed by and between City of Kenai and Del Alsop, and recorded April 29, 1968, in Misc. Book 31 at Page 20, The Lessee's interest is now held of record by Alaska Industrial Development and Export Authority ("AIDEA") pursuant to instrument recorded December 20, 1989 in Book 375 at Page 777, as it affects the following described real property: Lot One (1), according to the Plat of ALEYESK.A SUBDIVISION, PART 3, filed under Plat No. K--1531, in the Kenai Recording District, Third .judicial District, State of Alaska. PARCEL I1: That certain Leasehold estate created by that certain instrument dated March 1, 1968, executed by and between City of Kenai and Calvin Martin and Marion .Martin and recorded April 29, 1968 in Misc. Book 31 at Page 27. The Lessee's interest is now held of record by Alaska Industrial Development and Export Authority ,K. (^AIDEA") pursuant to instrument recorded December 20, 1989 in Book 375 at Page 777, as it affects the following described real property: Lot One -A (1-A), according to the Plat of ALEYESKA SUBDIVISION, PART 3, filed under Plat No. K-1561, in the Kenai Reccrding District, Third Judicial. District, State of Alaska. FURTHER SUBJECT TO easements, reservations, restrictions, covenants, conditions, exceptions, rights -of -way, enCUmbrances, and other matters of record, if any; TOGETHER WIT1i, all and ,iinqular, the tenements, hereditaments and appurtenances thereunto belonging or in any wise appertaining, unto said Grantees and to their hers, executors, administrators and assigns forever. DATED this -6th da- of July, 1992. ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY "i j, Joy hr� H. Delano its: `Acting Deputy Directoi (C.edit) "Grantor" ss. I'"hir Jold:i�:ia l District j THIS IS TO CERTIFY that on this 6-th day of July, 1992, before me, the undersigned, a Notary Public in and for Alaska, personally appeared John H, Delano, to me known and known to me to be the Acting Deputy Director (Credit) of ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY, named in the foregoing instrument:, and he acknowledged to me that he had, ire his official capacity aforesaid, executed the foregoing instrument as the free act and deed of the said corporation for the uses and purposes therein stated. WITNESS my hand and official seal the day and year in this certificate first above written. NOTARY PUBLIC for Alaska. My commission expires: _ IF BUSlNE-c/ 0 CHARGE CITY OF KENAI CONSENT TO ASSIGNMENT The Assignment of that certain lease dated May 5, 1967, and recorded at Book 31, Page 20, between the CITY OF KENAI and DEL ALSOP, and subsequently assigned to ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY, from ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY, 480 West Tudor, Anchorage, AK 99503, to JAMES C. SINGREE and ERIKA E. SINGREE, 10800 Kenai Spur Highway, Kenai, AK 913611, covering the following -described property: Lot 1, Aleyeska Subdivision, Part 3, according to Plat No. K-1531, in the Kenai Recording District, Third Judicial District, State of Alaska Is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained in the original lease above - described. This Consent is given by the City of Kenai without waiving any right. or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and ;does not relieve the Assignee from the condition requiring the ICity's approval for any subsequent sublease or assignment. Wm. J. Brighton City Manager STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1992, WILLIAM J. BRIGHTON, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: R. Graves .11 A'tc-ney G+TY OF KENAI 21^ F laig0 Kw,a, Aid Ska 99611 253- 441 F Af 2L, 3 V#)14 CITY OF KENAI CONSENT TO ASSIGNMENT The Assignment of that certain lease dated March 1, 1968, 'and recorded at Book 31, Page 27, between the CITY OF KENAI and ,CALVIN MARTIN and MARTIN MARTIN, and subsequently assigned to ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY, from ALASKA 'INDUSTRIAL DEVELOPMENT ANI) EXPORT AUTHORITY, 480 West Tudor, ;Anchorage, AK 99503, to JAMES C. SINGREE and ERIKA E. SINGREE, 10800 Kenai Spur Highway, Kenai, AK 99611, covering the following -described property: Lot 1A, Aleyeska Subdivision, Part 3, according to Plat: No. K-1561, inthe Kenai Recording District, Third Judicial District, State of Alaska Is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained in the original lease above - described. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requiring the City's approval for any subsequent sublease or assignment. Wm. J. Brighton City Manager !STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1992, WILLIAM J. BRIGHTON, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: Cary R. Graves CO" A to"ev CITYOI KENAI tl i q0 Al's, , 91,611 SG. 1 A'. 22'l ')1L 14EMORANDUM TO: Mayor and Council City of Kenai FROM: Carol L. Freas, City Clerk City of Kenai DATE: July 9, 1992 G RE: TOWNSITE HISTORIC TASK FORCE Subsequent to the Council/Planning & Zoning Commission joint work session of June 24, 1992, the following persons have expressed an interest in being assigned to the Townsite Historic Task Force: Ll 1. Kim McCune (Bay Arms Apartments representative) - 283- 5910. 2. Leda Schmidt - P.O. Box 1346, Kenai, AK. 3. Dorothy McCard (Church representative) - 323 Corral Avenue, Soldotna, AK. 4. Frances Meeks (Historical Society/property owner) - Box 424, Kenai, AK. 5. Roger Meeks (Historical Society/property owner) - Box 424, Kenai, AK. 5. Jim Arness (property owner) - Box 1061, Kenai, AK. 6. Kathy Scott (P&Z representative) 7. Becky Tromblee (property owner) - 510 Mission Avenue, Kenai, AK. 8. Jim Bookey (property owner) - Box 514, Kenai, AK. 9. Kathryn Tomrdle (property owner) - Box 4158, Kenai, AK. clf July 9, 1992 To: Mayor John Williams and Kenai City Council Members, I am interested in a position on the historic landsite committee. I am a life long resident of A:._aska and a permanent resident of Kenai who would likEa the opportunity of working on this committee to further establish firm quidelines regarding historic and commercial land site usage and boundaries. I have a strong interest in this issue as my father Rod Cherrier and uncle Wayne Cherrier are property owners of the Bay Arms Apartmen_s. I wish to represent not only their views and concerns but my own as well being a concerned and active member of our community. I would greatly appreciate your considExation for a position on the historic landsite committee. Sincerely, Kim I. McCune 1520 Toyon Way Kenai, Ak. 99611 283-5910 KENAI PENINSULA BOROUGH 144 N. BINKLEY STREET SOLDOTNA, AK 99669 907-262-4441 Planning Department July 8, 1992 City of Kenai Kenai City Council 210 Fidalgo Street Kenai, AK 99611 JUL 1992 o RECEIVED �, CITY CLERK co N� ^"Y OF KENA I : `O !`'`9�'S?b� �2 RE: Petition to vacate portion of ADI_ 63572 right-of-way and utility easement within Tract A, Shoreline Heights Subdivision, Sec. 26, T6N, R12W, S.M., Alaska In accordance with AS 29.40.140, no vacation of a city street and/or easement may be made without the consent of the City Council. This vacation action has been approved by the Planning Commission, therefore, it is being sent to the Kenai City Council for their consideration and action. The Council has 30 days from July 6, 1.1392 in which to veto the decision of the Planning Commission. If no veto is received by the Commission within the 30-day period, the decision of the Commission will stand. The vacation request has been approved subject to the conditions set out in the attached minutes. Sincerely, C- Richard P. Troeger Planning Director RPT/nj Attachments AGENDA ITEM F. PUBLIC HEARINGS 2. Petition to vacate the north/south portion of a 60 foot wide public access and utility easement lying within Tract A, Shoreline Heights Subdivision. Easement was created by Right- of-way Permit, ADL 63572; and is fully described in document filed in book 307; page 179/180, Kenai Recording District. Portion of easement to be vacated is the easterly 30 feet of the NW1/4 NE1/4 SE1/4, and the westerly 30 feet of the NE1/4 NE1/4 SE1/4, Section 26, Township 6 North, Range 12 West, Seward Meridian, City of Kenai, Kenai Recording District, Alaska. KPB File 92-052 Staff report as read by Dick Troeger: PC Meeting 7/06/92 Petitioner(s): Kenai Peninsula Borough, Soldotna, Alaska. Purpose as stated in petition: Easement not suited for full utili- zation of property. Alternate access to adjoining private property to south will be provided by 30' public right-of-way dedication by a replat of Shoreline Heights Subdivision. Public Notice appeared in the June 25 and July 2, 1992 issues of the Peninsula Clarion. Eleven certified mailings were sent to owners of property within 300 feet; and to other interested parties. Nine of the receipts \ have been returned. Statement of non -objection from Homer Electric Association and from City of Kenai Advisory Planning Commission. No statements of objection received. Findings of Fact 1. Right-of-way proposed for vacation does not appear to be in use for access. 2. Alternative public right-of-way will. be dedicated by replat. 3. No surrounding properties will be denied access or utilities. STAFF RECOMMENDATIONS: Approve vacation cf right-of-way and utili- ty easement as requested; subject to the following conditions: 1. Submittal of preliminary plat in accordance with Chapter 20 of Borough Code of Ordinances. (FINAL PLAT MUST BE SUBMITTED WITHIN ONE YEAR OF VACATION APPROVAL) 2. Submittal of final plat within one year of vacation approval. 3. The City Council of the City Of Kenai, has thirty days in which they may veto Planning Commission approval. of the vaca- tion. NOTE: IF VACATION I:S DENIED, PETITIONER HAS EIGHT CALENDAR DAYS IN WHICH TO APPEAL THE PLANNING COMMISSION DENIAL. WRITTEN APPEAL MUST BE SUBMITTED TO THE KENAI CITY CLERK:. END OF STAFF REPORT Chairman Hammelman, opened the public hearing for comment. There being no one wishing to testify, the public hearing was closed and opened for discussion among the commissioners. MOTION: Commissioner Hursh, seconded by Commissioner Thorne, moved to approve the vacation of right-of-way and utility easement as requested subject to staff recommendations. Referzing to the plat map prcryvided in the packet, Commissioner Bryson asked if the cross -hatched area behind R.M. Thompson subdivision to the west and to the south was part of this vacation action.. Mr. T•oeger responded no that portion was not included and had actually been vacated in an earlier action. VOTE: A roll ca::l vote was taken with all commissioners present voting, in favor of the vacation. The motion passed unanimously. YPB PLANNING COMMI SION MEETIN S_Joly 061_1992 PAGE 11 .40 THE PENINSULA CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT A PETITION HAS BEEN RECEIVED TO VA- CATE PUBLIC ACCESS AND UTILITY EASEMENT. AREA UNDER CONSIDERATION IS DESCRIBED AS FOLLOWS: A. LOCATION AND REQUEST: VACATE THE NORTH/SOUTH PORTION OF A 60 FOOT WIDE PUBLIC ACCESS AND UTILITY EASEMENT LYING WITHIN TRACT A, SHORELINE HEIGHTS SUBDIVISION (PLAT 85-184). SAID EASEMENT WAS CREATED BY RIGHT-OF-WAY PERMIT, ADL 63572; AND IS FULLY DESCRIBED IN DOCUMENT FILED IN BOOK 307; PAGE 179/180, KENAI RECORDING DIS- TRICT. PORTION OF EASEMENT TO BE VACATED IS THE EASTERLY 30 FEET OF THE NW 1/4 NE 1/4 SE 1/4; AND THE WESTERLY 30 FEET OF THE NE 1/4 NE 1/4 SE 1/4 SECTION 26, TOWNSHIP 6 NORTH, RANGE 12 WEST, ►SEWARD MERIDIAN, CITY OF KENAI, KENAI RECORDING DISTRICT, ALASKA B. PURPOSE AS STATED IN PETITION: EASEMENT NOT SUITED FOR FULL UTILI- ZATION OF PROPERTY. ALTERNATE ACCESS TO ADJOINING PRIVATE PROPER— TY TO SOUTH WILL BE PROVIDED BY 30' PUBLIC RIGHT-OF-WAY DEDICATION BY A REPLAT OF SHORELINE HEIGHTS SUBDIVISION.. C. PETITIONER(S): KENAI PENII1fSULA BOROUGH, SOLDOTNA, ALASKA. PUBLIC HEARING WILL BE HELD BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION ON MONDAY, JULY 6, 1992, COMMENCING AT 7:30 P.M., OR AS SOON THEREAFTER AS BUSINESS PERMITS, TO BE HELD IN THE BOROUGH ADMINISTRA- TION BUILDING, SOLDOTNA, ALASKA. ANYONE WISHING TO TESTIFY, MAY COME TO THE ABOVE MEETING TO GIVE TESTI— MONY; OR MAY SUBMIT A WRITTEN STATEMENT TO THE ATTENTION OF RICHARD TROEGER OR ROBBIE HARRIS, KENAI PENINSULA BOROUGH PLANNING DEPART- MENT, 144 N. BINKLEY STREET, SOLDOTNA, ALASKA 99669. WRITTEN TESTIMONY SHOULD BE RECoEIVED BY THE PLANNING DEPARTMENT NO LATER THAN WEDNES— DAY, JULY 1, 1992. FOR ADDITIONAL INFORMATION CONTACT ROBBIE HARRIS OR RICHARD TIZOEGER, RESOURCE PLANNING DEPARTMENT, 262-4441 (1-800-478-4441 TOLL FREE WITHIN KENAI PENINSULA BOROUGH). ROBBIE HARRIS PLATTING OFFICER PUBLISH 2X (JUNE 25 & JULY 2, 1992) - 4w r A A N." �7- 11 Idl —A 16 A. AINk f R. n to V L .91 OF k;4; Ir q, 1, . \NO. 2 J . V I C I N I T Y m 'A' P SHOWING APPROXIMATIf LOCATION OF PROPOSED VACi,'rION i. + J + I 16 12 �17\ I __ GOV'T. LOT 10 I to 9 I a �0 21 7 I / /22 6 23 / GOVT. LOT 11 VLOCK ��li 2/ i GOV'T. LOT 12 � 1 1 A /( 2 + J / � 30, TYP.—' I (R.JU. TOMPSON SURD.-J' +�—r i GOV'T. LOT 13 , ADL 63572 -- ,7 (PORTIONS) BK. 307PI79 KRD [ TR. A GOV'T`LOT I + w E, 14 a y w w [ ] PROPOSED VACATION [ ] PROPOSED DEDICATION REVISION BLOCK TR\ . A \ GOV"r. LOT 9 A\ 1 \ III 1 ) R SUB TR. 8 w E` a� a xl [A co F cc n a DATION DR. 30' R.O.W. TO BE DEDICAT- I)' O° P KENAI PENINSULA BOP'( -')UGH �� oa GIS DIVISION Sm Bagm9�ano SHORELINE HEIGHTS SUDD'IVISIONl..--_ aO0 © o RIGHT OF WAY VACATION k ':'.EDIC,MON �! id A GlMNC RrR YNIA IION C.l � �Ll.1 nvnLNll� EL rf.A.raMAn NORTH LA.. „e !I ro� .L,,. lo. -- uou SCALE. I' 3C',^i' ontE t HEA,� Romer lEllectric Association, Inc. CcNTF?AL PENINSULA S-E V!Cc CS`; T ER' 280 AIRPORT WAY POUCH 5280 KENAI. ALASKA 99611 • 1 �07} 2. 1-9831 June 17, 1992 Kenai Peninsula Borough Planning Department Attn.: Ms. Robbie Harris or Mr. Richard Troeger 144 N. Binkley Soldotna, AK 99669 Subject: Public Access/Easement Vacation Shoreline Heights S/D Please be advised that Homer Electric Association has no objection to the proposed vacation. Sincerely, Dave Bear Right-, of Way Agent June 29, 1992 Robbie Harris Kenai Peninsula Borough Planning Department 144 N. Binkley Soldotna, AK 99669 1791-1991 CITY OF KENAI 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 Zg 2930,?7 � 'JUN 1992 V Kenai Penin 80ro co "anaft Degt o / 17 RE: VACATION EASTERLY 30 FEET OF THE NW 1/4 WE 1/4 SE 1/4; AND THE WESTERLY 30 FEET OF THE NE 1/4 SE 1/4 SECTION 26, T6N, R12W, SW, CITY OF KENAI At their meeting of June 24th, the Kenai Planning and Zoning Commission had no objection to the above referenced Vacation. Sincerely, oret a H vey Administrative Assistant Planning Department w PETITION TO VACATE PUBLIC RIGHT-OF-WAY/SECTION LINE EASEMENT PUBLIC HEARING REQUIRED UPON RECEIPT OF COMPLETE APPLICATION WITH FEES AND ALL REQUIRED ATTACH- M A P!!&— HEARING BEFORE THE PLANNING COMMISSION WILL BE SCHEDULED. N.A iOXC S P¢o E2TFE200 NON-REFUNDABLE FEE TO HELP DEFRAY COSTS OF ADVERTISING EARING. ANY REQUIRED PLAT FEES WILL BE IN ADDITION TO VACA- TION FEES. 1 PUBLIC RIGHT-OF-WAY PROPOSED TO BE VACATED IS i DEDICATED BY PLAT OF �! SUBDIVISION, FILED AS PLAT N0. .,_ IN _ RECORDING DISTRICT. EASEMENT FOR PUBLZ ROAD OR RIGHT-OF-WAY AS SET OUT IN (SPECIFY TYPE OF DOCUMENT) 5TA-M Wt CCNT 4 A 54 AS RECORDED IN BOOK 149 PAGE I SO OF THE KC,A- A,.k RECORDING DISTRICT. (COPY OF RECORDED DOCUMENT MUST BE SUBMITTED WITH PETITION) paQ-vtOwi of AO1,6357E I 1 SECTION LINE EASEMENT BOOT- 30'7 LO I'll Yc Z-0 . '' A F H Earl T�AcTASNo�ZEL.INt TkelzwTS Sul34 I I SUBMIT THREE COPIES OF PLAT OR MAP SHOWING AREA PROPOSED TO BE VACAT- ED. IF RIGHT-OF-WAY OR EASEMENT WAS GRANTED BY DOCUMENT; ONE COPY OF RECORDED DOCUMENT MUST BE SUBMITTED. HAS RIGHT-OF-WAY BEEN FULLY OR PARTIALLY CONSTRUCTED? G YES m NO IS RIGHT-OF-WAY USED BY VEHICLES/PEDESTRIANS/OTHER? ❑ YES JK NO HAS SECTION LINE EASEMENT BEEN CONSTRUCTED? ❑ YES I] NO IS SECTION LINE EASEMENT BEING USED? ❑ YES I] NO THE PETITIONER MUST PROVIDE REASONABLE JUSTIFICATION FOR THE VACATION. REASON FOR VACATING swrTzo 1='07- PVL.L LrrtL1ZA,-Tt0pL of THE PETITION MUST BE SIGNED (WRITTEN SIGNATURE) BY OWNERS OF MAJORITY OF THE FRONT FEET OF LAND FRONTING PARTOF RIGHT-OF-WAY OR SECTION LINE EASEMENT PROPOSED TO BE VACATED. EACH MUST INCLUDE MAILING ADDRESS AND LEGAL DESCRIPTION OF HIS/HER �ROPEJtTY. SUBMITTED BY: SIGNATUREf`,`�/�. NAME iZtc�lAQo ADDRESS K _P 6 _ SO`�o �ni✓� H�� PHONE PETITIONERS: SIGNATURE _ SIGNATURE NAME _ _ NAME ADDRESS _ ADDRESS _-- OWNER OF _— _ OWNER OF _-- - SIGNATURE - ,----_ SIGNATURE NAME _ NAME ADDRESS - ADDRESS OWNER OF OWNER OF - 5/91 1 b Door_ 1 r,Xcr /SD Rocordin, Di3uics of Paula- No.___4454 Know All Men RlU 0llet3e llreornt6 that the State of Al"ka, in consideration of the sum of TEN AND NO1100 - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - ---- -- ----- ---- DOLLARS lawful money of the United Statics, and other good and valuable considerations, now paid, the receipt whereof is hereby acknowledged, does hereby grant to KENAI PENINSULA BOROUGH P. 0. Box 850, Soldotna, Alaska 99669 _ _and to successors theizWKenai Peninsula i*and assigns, all that real property situated in -the Borough of __ State of Alaska, and described as follows: TOWNSHIP 6 NORTH, RANGE 12 WEST, SEWARD MERIDIAN SECTION 26: LOTS 8, 9, 10, 11, 12, 13, 14, 16, ,,•• 17, 18, EkNE4SW4NE4, NkNE4SE4, I c SE4NE4SE4, SE4SWkNE45E4, NE4SE4SE4, NE4SE4SE4SE4 ` CONTAINING, )1.11 ACRES, MORE OR LI-SS. �Y Subject -to right -of --way permit, A':DL 63572; is:;ued to Division of Lands for a public access and utility easement 30 feet and 60 feet in width. Subject to Kenai Spur Road 300 feet in width. Subject to existing trails, roads and easements. Subject to A.S. 38.05.127, Access to Navigable or Public Waters. Net chargeable acreage under A.S. 29.18.201 i& 68.11 acres. '.'gym►/ 010-78g0 Teo ?j-]-Ftt-> fl .tcNA. REC. DIST%.ICT OCT 17 1 le PN'73 / '• — nCDiZE55 �S� Township _6 NOrthRange ��2_����t..�.._..�__.._�.__,_._. Se WdT( ._ Meridian Alaska, according to the official survey thereof numbered ..__._._.._.; IJUUt Anb ?:X[tpt those restriction; appearing in the Federal Patent or other conveyance by which the Gra5dor acquired title; Ana Burthtr, Alaska, as Grantor, expressly reserves out of the grant hereby made, unto itself, its lessees, successors and assigns forever, all oils, pscs, coal; ores, minerals, fissionable materials, and fossils of every name• kind or description, and which may be in or upon said lands above described• or any part thereof, and the right to explore the same for such oils, gases• coal, ores• minerals, fissionable materials and fossils; and it also hereby expressly saves and reserves out of the grant hereby made, unto itself• its lessees, successors and assigns forever, the right to enter by itself• its or their agents, attorneys, and servants upon said lands, or any part or parts thereof, at any and all times, for the purpose of opening, developing, drilling and working mines nr wells on these or other lands, and taking out and removing therefrom all such oils• gas", coal, ores, minerals, fissionable materials and fossils; and to that end it further expressly reserves out of the grant hereby made, unto itself, its lessees, successors and assigns forever, the right by its or their agents, servants and attorneys at any and all times to erect, construct, maintain, and use all such buildings, machinery roads• pipelines, powerlines• and railroads, sink such shafts, drill such wells„ remove such soil, and to re- main on said lands or any part thereof for the foregoing purposes, and to occupy as much of said lands as may be necessary or convenient for sti:h purposes, hereby expressly reserving to itself, in lessees, successors and assigns, as aforesaid• generally all rights and power in, to and over said land, whether herein expressed or not, reasonably necessary or convenient to render beneficial and efficient the complete enjoyment of the property and ril hereby expressly reserved. UO I{AUe Ana UU iiala the tail land, together with the tenements, tereditamcnts, end appurtenancr ihcrcunlo appertaining, unto the said Gra nice and _tihe.l TSuc,:,.e$s(trs J[as and assigns forever. Jn VefffKmnnp iDlltreof the S;atc of Alaska has caused these presents to be executed by the Director or the Division of Lands, Department of Natural Resources. State of Alaska, this _�th day of __ C obey _ __—A.D. 1979 Acting irecto Division o Matt of Alaska ) Technical Services TH I RDv _ Judicial Ditlrict UIIIB It ;n 979 W V (IItrtlftl that on the t:h October =_..-- day of —.--.— 19__ appeared before me CLAUD M . HOFFMAN who is known to me to ba the Director of the Division of Lands, De[ arimenl of Natural Resources, State of Alaska, or the person who has been lawfully delegated the authority of said Director to execute the foregoing document; that he. executed said document under such legal authority and with knowledge of its contents; and that such act was performed freely and volunta[iW.. upon the promises and for the purposes stated therein - ;_1j 71 1. Notary Public in and for Alaska `dd 1-a'•.19 n C) My Commission Expires—..—_Y___..i_ State Record of Patents tc- ADL No. 6 46 21) 2'J�J THE ORIGINAL DOCUME 1S UNRECORDED: note: please Ord the emm�endeportfin as �t7 the correct legal. REIURt• RECORDED OOCUNENT 10: Southcentral Regicn Office, Division of Land and Water Management, P.O. Box 107005, Anchorage, Alaska 99510-7005 EXHIBIT A RIGHI-OF-WAY AMENDMENT FOR ADL 63572 Issurrd 03-15-1974 Amended C2-05-1987 This amendment corrects a legal description errcr in the Division of Land and Water Management issued right-of-way document. The legal description as written, does not include 20 feet of` the said right-of-way within Section 26, Township 6 North, Range 12 West, Seward Meridian. The amended legal description describes the omitted 20 feet, and includes other minor corveccions. The legal description for this Right: -of -way Permit:. which reads: Right-of-way 30 feet in width and 16,695 feet in length, and more particularly described as follows: The east 30 feet of Lots 6 and 8, Section 1, Township 5 North, Range 10 West,.Seward Meridian; The south 30 fee' of Lot 1 extending from the east shoreline, east to the east boundary of Lot I and the west. 30 feet of the SW1/4 SE1/4 Section 11, \ Township 5 North. Range 10 West, Seward Meridian; The west 30 feet of the NW1/4 NE114, the south 30 feet of the SE1/4 NE1/4, the north 30 fee' of the NE1/4 SE1/4, and the east 30 feet and the south 30 feet of Lot 7, Section 1.4, Township 5 North, Range 10 West, Seward Meridian; The north 30 fee of the NW1/4 NE1/4 SE1/4 of Section 24, Township 5 North, Range 11 West, Seward Meridian; L Tfre east 30 feet: of the SEl/4 NW 1/4 NE1/4, the east 30 feet of the El/2 XC's� NE 1/4 SW1/4 NE1/,i, the east 30 feet of Lots 11. and 12, the east 30 feet of the north 30 feet of Lot 13, the north 30 feet of the NEl/4 SE1/4, the south 610 feet o" the west 30 feet of the NE:1/4 NE1/4 SE1/4, and the south �r 610 feet of the feast 30 feet of the NW1/4 NEI/4 SE1/4 of Section 26, Township 6 North, Range 12 West„ Seward Meridian; and The west 30 feet of the SE1/4 NE:1/4 of Section 1, Township 7 North, Range 11 West, Seward fteridan. Said parcel cont)i.ning approximate y 11.5 acres. is amended to read as follows (amended portions underlined): Right-of-way 30 `'eet :in width and 18,180 feet + in length, and more particularly described as follows, The east 30 feet of Lots 6 and 8, 5ection 1, Township 5 North, Range 10 West, Seward Meridian and Tt.e south 30 feet of Lot 1 and the west. 30 feet of the south 30 feet of the NW1/4 SE 1/4 and the west 30 feet of the SW1/4 SE1/4 Section 11, Township 5 North, Range 10 West, Seward Meridian; and The west 30 feet of the NW1/4 NE1/4 and the east 30 feet and the south 50 feet of G Lot 7 and the south 30 feret of the SE1/4 NE1/4 and the north 30 feet of the E1/2 SE1/4 of Section '4, Township 5 North, Range 10 West, Seward Meridiari; and The north 30 feet of the NW1/4 NE1/4 SE1/4 of Section 24, Township 5 North, Range 11 'vest, Seward Meridian; and toot�U 'he east 30 feet of `tie SEE/4 NI• ;/4 NE1/4, the east 30 feet of the E1/2 NE1/4 S111/4 NEP,i, the east 30 feet of Lots 11 and 12, the east 30 t of — 'he north 30 feet of Lot 13, the north 30 °eet of the NE1/4 SEl/4,�the west 30 feet of the NE1/4 NE1/4 SE1/4; and the east 30 feet of the NW1/4- 1rnZt,U NE1/4 SE1/4 of Section 26, Township 6 North, Range 12 Wpst; Sewardi Heridian; and he west 30 fee': of "tie SE:1/4 NElr4 of Section 1, Townshii) 7 North, Ranee '1 West, Seward Meridian. `,aid parcels co'_1ect:vely containing approximately 13.13 icres +. The legal description labeled Exhibit A shall be attached hereto and made a girt Gi the LIJ-1.oti Jf Land d-a! N.iidydinem: lbbuea rignF-ol-way document for ADL 63572. STATE OF ALASKA DEPARTMENT OF NA TURAL RESOURCES` Perm' t tc e: 5 M Man er Division & Land and Water Management STATE OF ALASKA ) ) ss. Thiro Judicial District ) THIS IS TO CERTJFY that on this `f day of —1.77 ' , 1987, hefore me, personally appeared Margaret J. Hayes to be known and known by me to be the person named in and who executed said document and acknowledged voluntarily signing the same. (1 Notary Public in and for the State of Alaska My Commission Expires: / /90 :�• �„ "� ;. STATE OF AL :, A �' DEPARTMENT F AT(UR(1A REMOCAS r �" "'✓ '+f��•�� — — Grantc,r: y,.•' _ rector Division of Land and Water Management STATE OF ALASKA ss. Third Judicial District THIS IS TO CERTIFY that on this j day of MAR-c4 1987 before me, personally appeared R cNA¢O R• LEFEE�YZ6 to be kppwn and known by me to be the person named in and who executed said dcGdtent-and acknowledged voluntarily signing the same. '> ' l,lotary Public in and for the Mate Alaska; My Commission Expires: EZ _A —f *** This right-of-way is located within the Kenai Recording'Oi�tL \ , LRH:e1im/1433P —' ,1 33 W 11 REQI:,ESIED pY - s C` KENAI PENINSULA BOROUGH UTILITY RIGHT-OF-WAY EASEMENT THIS EASEMENT made and entered into this 15th day of April , 19 86, by and between the KENAI PENINSULA BOROUGH, hereinafter referred to as the Borough, and Homer Electric Association, Inc. _ hereinafter referred to as the Utility _ 3977 Lake Street, Homer, AK 99603 WITNESSETH, that in accordance with the provisions of Resolution No. 86-52, the, Utility having filed an application for an easement for the construction, operation and repair of utility lines with the Borough together with a map showing the definite location thereon of the line of easement which the Utility has adopted and agrees to be the specific and de -finite location of the aforesaid easement; s-1-tuated in the Kenai Recording District, State of Alaska WHEREAS, it is understood and agreed by the Utility herein that, as a condition to the granting of the easement applied for, the land covered by said easement shall be used for no purpose other than the location, construction, operation and maintenance of the..;$aid utility service over and across the following described Borough lands, to wit: The easterly 15 feet: of Tract A, Shoreline Heights Subd.., Plat No. 85-184 K.R.D., and the west 15 feet of the east 65 feet of the NE�SE4SE4 Section 26, Township 6 North, Range 12 west, S.M., Alaska and the norttl 10 feet of the south 40 feet adjacent to "J" Street of the NE-,1SE,16E,1 of Section 26, Township 6 North, Range 12 west, S.M., Alaska r inning = 1 , 360 .feet in erigt _ and r.onr-aining . 42 acres more or less and shall extend a width of feet. TO HAVE AND TO HOLD the same until the above described land shall no longer be used for the above -mentioned purpose azid subject to conditions and rase-avations elsec,rhere set forth herein. The sketch snap revealing the easement granted herein shall be attached hereto and made a part hereof. In the even7- that the easement herein granted shall in any manner c()nflict with or overlap a previously granted easement or right-of-way, the Utility herein shall use this easement in such a manner as not to interfere with the peaceful use and enjoyment of the previously issued easement or righ,:-of-way, and no improvements shall be constructed by the Util.ity.herein upon the overlapping area unless the consent therefor has first been obtained from the holder of the pre-existing easement: or right-of-way. The: Utility in the exercise of the rights and privileges granted by this instrument shall comply with all regulations now in effect or as; hereafter established by the Borough, and all other Federal, State or municipal laws, r.egular:iens, or ordinances applicable to the area herein ranted. _0.'f 0289PAGE147 Upon abandonment, term, inati.cn, revocation, or cancellation of th.s ;nstrument, the Utility shall within 90 days remove all structures an-. improvements from the area herein granted, except those owned by the Borough, and shall restore the area to the same or similar condition �-s the same was upon the issuance cf this easement. Should the Utility wail or refuse to remove said structures or improvements, within the time allotted, they shall revert to and become the property of the Borough. However, the Utility shall not be relieved of the cost of t,:e removal of the structures, improvements and/or the cost of restoring the area. Provided further, however, that the Borough, in its discretion, may alter or modify the requirements contained in this provision if it is to the best interest of the Borough to do so. The Utility shall. utilize the lands herein granted consistent wit:;n the purposes of the proposed use, as revealed by the application therefor, and shall maintain the premises in a neat and orderly manner and shall adopt and apply such safety measures as shall be necessary, proper, and prudent: with respect to the use to which the land is subjected. The Utility shall take all reasonable precaution to prevent and suppress brush and forest fires. No material shall be disposed of by burning in open fire during the zlosed season unless a permit therefor has first been obtained from the agency empowered by law to issue suer, permits. Prior to any construction or development that will use, divert, obstruct, pollute, or utilize any of the waters of the State, the Utility shall first obtain approval therefor from the Commissioner of the Department of Fish and Game and file an image copy thereof with th, BDrcugh. Any lands included in this easement which are sold under a contract to purchase shall be subject to this easement. Upon issuance of title to the purchaser, this easement shall remain in effect until i --s date. of expiration. In case the necessity for the easement shall no longer exist, or the Utility should abandon or fail, to use the same, then this easement shall terminate. In the even- the Utility buries all or any part of the system for wh-4ch this easement is acquired, the Utility shall furnish to the Borough an "As Built" surve,7 plat: thereof and shall establish and maintain monuments or permanent markers at each bend or angle (it any) of such system, either horizontal or vertical, and with such frequency that each such monument or t,)erman.ent marker will be visible from those adjacent in either direction. In the event the system, or any part tr:ereof, is damn-ed or destroyed by the Borough, or any of its agents or contractors, because of the failure of Utility to comply herewith, t.en the Borough and its agents and contractors are absolved from any dG:7•.a es or liability ity whic''n mio:nt result therefrom to the Utility, or a.y of its contractors, licensees, assigns, or customers. 7,, z-12;1t 0280 PA,UE148 The Borough shall be forever wholly absolved from any liability :or damages which might result to the Utility herein on account of th:.s easement having been cancelled, forfeited., or terminated prior to the expiration of the full time for which it was issued. NCW THEREFORE, in accordance with the provisions of Resolution No. Sf,,-5 2, and in accordance with the conditions heretofore set forth cr attached hereto and made a part: hereof, the Utility herein is herebe, authorized to locate, construct, operate, and maintain said easement: ever and across the lands herein described. IN WITNESS WHEREOF, the parties hereto have executed this instrument in duplicate to be effective as of the day and year first above written. ATTEST: oroug C erg THIS FORM HAS BEEN APPROVED AS TO LEGAL FORM AND SUFFICIENCY ON LARCH 25, 1983, BY BEN T. DELAHAY, BCROUGH ATTORNEY KENAI PENINSULA BOROUGH By: / 01 t P �" -1 � tan Thompson, Mayor Homer Electric Association, Inc. Utility Company By B ent Wick Title: General Manager ACKNOGVLEDGEZ-IENI STx%TE OF ALASKA 1 ss. THIRD JUDICIAL DISTRICT y ne fore g ins ent was ack�^wledged before me this of 19by Stan Thompson, Mayor i 0.: 0289P„G;-149 Of the 1.enai Per:insula Borough, an Alaska municipal corpvl_.5'_r.:.*i,�,on behalf of the corporation. .`'G�� 's �F' ... ,,^�'�_-• e` _ otary blic for e StViEE ' a•. / My co ssion e:�p' es: .. ' ACKiVO LEDGE'ME'NT ��TN•A:C��'''• STATE OF ALASKA ) ss. THIPD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this 16th - day of _ June 19_86 , by (Name) B. Kent Wick as ('Title) General Manager OE Homer Electric Association, Inc. �, a corporation of the State of Alaska _—` on bE:half of the corporation. Notary Public or the Sta e la or Aska My commission expires: May 7, 1990 Return To: Homer Elect-,,ic Association, Inc: 3977 Lake Street Homer Ak 911' 0 77 'a^Oar y �= L E 7 TP,ACT" 5HORELIf E S/o rp7 I 11 1"U 50 Al 50 y HEIGHT-5 I F I �I I it SEC. 2G TL MIR 2 W.,S.M. t � I E �I THIS ESN1r'L-'i ) A-01 Lo, �, I ,,J-„ 3 � . HOMER ELECTRIC ASSO�., INC. l ESN T. K-Cl"lAt PEWM5WLA BOROUGH � RES. ElY' ALA3KA 5 QArE. KENAI HOTEL, MOTEL, AND BED & BREAKFAST ASSOCIATION P.O. Box 915 Kenai, Alaska 99611 July 10, 1992 City of Kenai.. 210 Fidalgo Kenai, Alaska 99611 Honorable Mayor and City Council Members: F��11121314 157 JUL 1992 "Amod, liLLl:IVi;D N CITY CLERY -v OF KEN ! w 4' YVl l 1 r J With regard to quotes in the Wednesday, July 8, 1992 Penisula Clarion about "alternative solutions" for sources of revenue, the Kenai Hotel, Motel and Bed & Breakfast Association wishes to propose the following: The Kenai Hotel, Motel and Bed & Breakfast Association will give full support to a positive working relationship with the Convention & Visitors Center where in return for any referrals for lodging business a commission of 10% of the room rate may be assessed. We make this offer as an alternative to the bed tax in order to avoid the detrimental impact 'this levy would have on our business if imposed. This is an accustomed manner of dealing in the travel business and will create no additional red tape. It will reward the Center for its productivity and success in promoting Kenai as a destination. As the lodging business improves, so will the Center's revenues and vice versa. We recognize you have hectic and busy schedules, however, we need to ::ear your response to this: proposal in two weeks, by July 24, 1992. Sincerely, Kenai Hotel, Motel, & Bed & Breakfast Association --"Mmmmftm.a i 2: Crt CD `mod o •I OL FH, m * �D c� w cq Qo ;-. nr jQ 0 "Ar C7� . it (.sue. _ ' � c CONCEPTUAL PLAN FOR DEVELOPMENT OF NEW PTI FACILITY IN THE CITY OF KENAI The City proposes to offer land for the development headquarters facility to be located on available FAA have been released by FAA and may be developed. of a new PTI lands that In conjunction, PTI will do an. Assessment Needs Study to determine the amount of land, size of facility, and approximate cost of the facility required. The City will then determine the value of the property needed for the facility and, in conjunction with PTI, develop a program of release for that property, either by outright purchase by the City from Airport Lands or on a long-term dollar -per -year lease in which the City will pay the extraneous cost of the lease from the General Fund of the airport. The City will then investigate the possibilities of developing a revenue bond in conjunction with the Alaska Bond Bank for the construction of the facility and the long-term leasing of the facility to PTI. Should the bonding of the facility, through long-term revenue bonds, not be feasible, the City will then aid and assist in obtaining long-term financing through the Alaska Industrial Development and Export Authority (AIDEA) for the construction of the facility. The City and PTI will negotiate the elements of the financial ownership of the facility at the completion of the retirement of the debt that has been included either through the Alaska Bond Bank and sale of bonds or through financing of the project through AIDEA. on a long-term basis, it will be the City's intention to induce PTI into the development of this project by offering the land at no cost to PTI. How that is to occur is yet to be determined and may result in a dollar -per -year long-term lease with the deeding over of the property at the completion of payment of the debt and the City may choose to either pay the difference of the lease over the long-term from the General Fund to Airport Fund, or may elect to pay outright the cost of the land from the beginning from the General Fund to the Airport Fund. The City will determine the value of the land once the amount needed is determined. The time frame for the project from conceptual approval of the Council to completion of the construction and occupancy by PTI -1- should be expected to be approximately two years. PTI's lease on their present facility expires in August, 1994. The planning development and construction phase would be on the basis of feasibility study design implementation and financing arrangements completed by July, 1993. Construction of the facility to be completed by July 1, 1994. Occupancy of the facility by August 1, 1994. Debt service to begin August 1, 1994 for a period of from ten to twenty years contingent upon the method of financing and sale of either revenue sharing bonds or approval of a loan by AIDEA. NOTE: In reviewing the approximate costs of land with regard to this project, I would anticipate that the value of the land will not exceed $24,000 per acre and that the amount of land required will not exceed five acres. The value of the facility to be constructed will be between $1-1.5 million. This will give the City a required equity position of approximately ten percent. We have also determined that the debt service on behalf of the client will be $8,364 to $12,546 per month, based on a twenty- year note at eight percent interest. JW/clf 7/8/92 -2- FINAL CONCLUSION AND CORRELATION OF VALUE: After adjustments the five comparables sales used indicate a range of value from $5,900/Ac to $8,600/Ac (R). The low end of the range of value set by C-4 which is a 1983 sale of a 12.65 acre light industrial zone site along Bridge Access Road. The high end of the range of value is set by comparable 5 which is a '1986 sale which occurred prior to the recession, of a 32 acre unzoned commercial/industrial use site located along Kalifonsky Beach Road. In the final analysis of the comparables, after all adjustments are made, each comparable is ranked as being overall superior to the subject site. Each is located in a commercial/industrial area which had experienced moderate to strong market activity while the subject is located in area which experienced no demand during the growth period in the early to mid 1980s. Also the subject site is reported to have a relatively high water table approximately 3.5 to 5 feet below grade. Although the shallow water table depth is not seen as a limiting factor to the sites highest and best use and no adjustment was spade in the sales comparison analys.ieIeach of the comparables is believed to ,have superior soils with a lower water table. As each sale is ranked superior to the subject the lower end of the range of value is emphasized and a $6,OO(,)/Ac value is concluded. It was stated previously that the subject has approximately 5 acres of land .included in a man made pond in the SW1/4 of the site. This factor was not adjusted for the sales comparison analysis. In terms of a light industrial or commercial develoument of the 40 acre site, this 5 acre pond would be viewed as wet unusable groun*. There is a limited recent market i.nfermation from which to extract a unit value adjustment for wet unusable ground. Several historic sales from the early to mid 1980s were analyzed to arrive at a conclusion of value for this 5 acre wet unusable portion of the subject; site.- These sales included a 40 acre tract which was 100% wet and sold at $375/acre, a 40 acre tract which was 50% wet and the buyer indices+--ed "0" value: to the unusable 20 acres, a 40 acre tract which was 1/3 wet and reflected approximately $475/acre for the unusable ground and a 35.54 acre site along the Kasi.lof River which was 100% wet and sold for ,;732/acre. This sales data reflects that one buyer paid nothing for the excess wet unusable ground while another paid up to $732/acre. Two of the comparables analyzed reflected values from $375/acre to $475/acre for excess, wet unusable ground. A $450/acre value for the wet ground on the subject is concluded or: $450/Ac X 5 Acres = $2,250 The estimated market value of the usable 35 acres of the subject site is: $6,000/Ac X 35 Acres - $210,000 The estimated market value of the total 40 acre site is: 35 acres @ $210,000 5 ac:ros @ 2,250 $212,500 (R) Page 36 FRYKIIOLM & SCIIAAFSAIA APPRAISAL ZONING: No adjustment is made for differences in IL or CG zoning. These are contiguous zones which allow for and have developed with similar and compatible uses. Historic sales with IL and CG zoned lots in similar locations have shown no significant market value difference. CONCLUSION OF VALUE: After adjustments the five comparables used indicate a range of value for the subject lots from $1.19/:SF to $1.25/SF. Comparables 1-4 are most similar overall to the subject with a $1.25/SF value concluded. The values for each of the subject lots is concluded as follows: Lot 10 - 52,308 SF X $1.25/SF = $65,400 (R) Lot 11 - 52,500 SF X $1.25/SF = $65,600 (R) Lot 12 - 52,500 SF X $1.25/SF = $65,600 (R) Lot 13 - 52,500 SF X $1.25/SF = $65,600 (R) r 39 tiiaC6JI7a1`.1oil[K] TO: Mayor John WiLliams 1791-1991 CITY OF KENO eapdal 4 4�"" f f 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 FROM: Charles A. Brown, Finance Director � Q DATE: July 1.4, 1992 SUBJECT: Proposed PTI Development I've read your conceptual plan for development of a PTI facility, as outlined in your July 8, 1992 memo. You may wan,. tc consider two topics related to this project. (1) It appears that you are proposing the issuance by the City of industrial revenue bonds to finance construction of a building. The security for the bonds would be the collection of rents in a lease to PTI. Please read Sections 6-3 and 6-5 of the Charter. Chapter 7.35 of the City Code describes the application process. Please note that PTI should be submitting a complete application to the City Manager. PTI should pay all costs incurred by the City :i t, evaluating the application. The City will hire bond counsel_ to review the application and decide if the City can issue she bonds. I am not qualified to decide such an issue. (2) PleasE� ask the City Council. to redefine the types of companies eligible for free City Land. I recall that the City provided free Land to government agencies and to Homer Electric Association. The argument was made that HEA should receive free land a: an inducement to mcve into the City and that it was not in competi.ion with :ether entities. 'Thus, free land would not provide HEA with an advantageoi.is comper: ti.ve position. PTI is lis.ed on the NASDAQ stock exchange. PTI owns Alascom. Alascool is a for -profit corrpany in direct competition with GCI, another long-distance telephone company. Are we now changing the criteria of eligibility for free City land? Can any for -profit entity Sapp_, y, over, t sough the tree land will provide a competA tive advant:ago? cc: Willian! J. Brighton, City Manager Cary P. Graves, City Attorney CONCEPTUAL PLAN FOR DEVELOPMENT OF NEW PTI FACILITY IN THE CITY OF KENAI The City proposes to offer lam for the development of a new PTI headquarters facility to be located on available FAA lands that have been released by FAA and may be developed. In conjunction, PTI will do an Assessment Needs Study to determine the amount of land, size of facility, and approximate cost of the facility required. The City will then determine the value of the property needed for the facility and, in conjunction with PTI, develop a program of release for that property, either by nutria t purchase by_the City from Airport Lands or on a long-term dolIa — Ar year lease inw ifi chi the City will pay the extraneous cost of the lease from the General _Fund of the ai.r42oi:t_ The City will then investigate the possibilities of developing a revenue bond in con1unction_dtith the Alaska Bond Bank for the construction of the facility and the long-term leasing of the facility to PTI 'y S�ho�dhP bonding of the facility, throughlong-term revenue Ponds, not be_feasible, the City will then aid and assist in obtaining long-term financing hrough the Alaska Industrial Development and Export Autho:L ty (AIDEA) for the construction of the facility. The City and PTI will negotiate the elements of the financial ownership of tl e facility at the comp le ion of the r_e_tirement of the debt that has been included either through the Alaska Bond Bank and--aa bonds or through finann,na of the - On a long-term basis, it will be the City's intention to induce PTI into the development of this project by q`ffering the land at no cost to FBI_. How that is to occur is yet to be determine `and' may result in a dollar -per -year long-term lease with the deeding over of the property at the completion of payment of the debt and the City may, choose to either- pay the difference of the lease over the long-term from the General Fund to Airport Fund, or may elect to pay, outright the cost of the land from the beginning from the General. Fund to the Airport Fund. The City will. determine the value of the land once the amount needed is determined. The time frame for the project from conceptual approval of the Council to completion of the construction and occupancy by PTI -1- should be expected to be approximately two years. PTI's lease on their present facility expires in August, 1994. The planning development and construction phase would be on the basis of feasibility study design implementation and financing arrangements completed by July, 1993. Construction of the facility to be completed by July 1, 1994. Occupancy of the facility by August 1, 1994. Debt service to begin August 1, 1994 for a period of from ten to twenty years contingent upon the method of financing and sale of either revenue sharing bonds or approval of a loan by AIDEA. NOTE: In reviewing the approximate costs of land with regard to this project, I would anticipate that the value of the land will not exceed $24,000 per acre and that the amount of land required will not exceed five acres. The value of the facility to be constructed will be between $1-1.5 million. This will give the City a required equity position of approximately ten percent. We have also determined that the debt client will be $8,364 to $12,546 per year note at eight percent interest. JW/clf 7/8/92 -2- service on behalf of the month, based on a twenty- MEMORANDUM TO: Mayor and Councilmembers Kayo McGillivray, Parks & Recreation Director Beautification Committee Members Parks & Recreation Commission Members FROM: Carol L. Freas, City Clerk City of Kenai DATE: July 9, 1992 RE: LEIF HANSEN MEMORIAL PARR Over the last few years, there has, from time to time, been damage to tree and shrub plantings in the Leif Hansen Memorial Park. Much of that damage has been due to hungry moose foraging for food. The most recent damage was reported by Nina Selby. I spoke with Steve Booth of Booth's Landscaping today. Upon my request, he examined the Selby tree which was planted last year. Mr. Booth stated that the tree (Weeping Birch), had been severely damaged by moose and will require replacement. Mr. Booth stated that the year's guarantee which they provide with each of their plantings, does not include damage by hungry moose. Mr. Booth suggested that 6-6-•10-10 reinforcing concrete wire mesh be purchased to place around the plantings after the first snow and removed in the Spring. Mr. Booth stated the price for one roll is approximately $200. Mr. Booth suggested that one roll could probably wrap all the plantings in Memorial Park. The wire could be stockpiled in the spring and reused each winter. Attached is a copy of the Policy and Procedure Statement for the Park. In two places it mentions the guarantee. The statement does not clarify what the guarantee covers or does not cover. DOES COUNCIL WISH TO MODIFY THE POLICY AND PROCEDURE STATEMENT TO BETTER DEFINE THE GUARANTEE? SHOULD THE BEAUTIFICATION COMMITTEE, PARKS & RECREATION COMMISSION AND PARKS & RECREATION DEPARTMENT INVESTIGATE A MEANS OF PROTECTION FOR THE PLANTINGS IN MEMORIAL PARK DURING THE WINTER AND FOLLOW THROUGH WITH THAT PROTECTION DURING THE WINTER MONTHS? clf STATEMENT OF POLICY AND PROCEDURES LIEF HANSEN MEMORIAL PARR The City of Kenai, acting upon the wishes of the public, established a park whereby the community is able to have planted a tree, shrub, or flowers in memory of a loved one, either living or passed. The park was named for a young man who contributed much to the community, however, the park is open for anyone desiring to commemorate their own loved one. The City Council hereby establishes Policies and Procedures for the implementation of the planting of the park to ensure the longest life of the planting and the uniform distribution which will enhance the individual material planted and the park as a whole. POLICIES 1. The Kenai City Council :has approved a design for the Memorial Park and all planting will be done in accordance with the plan and the suggested list of planting materials. 2. Any requests for deviation from the plan or planting materials should be reviewed by Council. 3. Plaques must be uniform due to the dimensions of the spaces in the sidewalk and of the same materials (black granite), however., the wording and logos are up to the individual. Any inappropriately worded plaques of an objectionable nature will be removed. 4. All materials which are planted in the Park are to be done by a licensed landscaper. The City will maintain the materials after the material is planted by the landscaper. The landscaper has agreed to guarantee the material for one ,�-- year. The City will not: guarantee any planting done by individuals nor beyond the one year guarantee. 5. Should any one purchase exceed $6,500, the purchase must go to competitive bid. PROCEDURES 1. Any person desiring to plant a memorial planting material, please contact the City Clerk. The City Clerk will assist with the selection of location and material to be planted. -1- A design is available for selection for placement and a suggested list of materials is also available from the City Clerk. 2. The City Clerk will assist in the selection of the wording for the plaque. The plaque will be placed by the Parks & Recreation crew at the desired location. 3. Upon receipt of the cost of the plaque and planting material, the City Clerk will place the order at the appropriate time. (If the order is received during the planting season, the order will be done upon receipt. If the order is received during the months when planting is inappropriate, the order will be assembled and held until Spring.) 4. The landscaper and the Parks crew will handle all required work done in the park. The landscaper guarantees the planting for one year. The Parks crew will maintain the planting thereafter. -2- LEIF HANSEN .MEMORIAL PARK CITY OF JrBNAI 910 FIDALGO JTBBET XZNAI, ALAJXA 99511 TREE SELECTION AND D[ABXFR PRICE Tree selection: Colorado goruce Weeping Birch European Mt. Ash Dolgo Onabapple Pod Q^abappl e Croke Cherry Amur Choke Cherry MayDay Tree Other SHRUB SELECTION AND KARXER PRICE Shrub selection: Poking Cotoneaster Cinque foi I Pose Tree of China Rigosa Pose Pad -- Pogosa Pose Pink Aigho Pine Other Shrub selection .includes 3 I:o 5 plants ArAltirEA rNjcRArPrroN [Blemi Grsxim] Mv*sr will .include 90 letters. Additional letters are $3.00 each - Logo or Bnblem $25.00. AO .� i a �AV _�!AO Name Address Ci ty State Zip Signature 050.00 $9510.00 MEMORANDUM TO: Mayor and Councilmembers City of Kenai FROM: Carol L. Freasty Clerk �#Zoellvlll City of Kenai DATE: July 9, 1992 RE: L.EIF HANSEN MEMORIAL PARK 1. Attached is a letter received from Peninsula Memorial Chapels informing me that the cost of the black granite markers for the Leif Hansen Memorial Park have increased from $150.00 to $200.00. This price increase will raise the cost of a tree/marker planting to $400.00 (from $350.00) and the cost of a shrub/marker planting to $3010.00 (from $250.00). 2. The new portion of sidewalk has been placed in the Park. Last fall, Council granted a request of a citizen to place their memorial along the new sidewalk after it was laid. During the discussion, it was remembered that the Council previously stated that all the available spaces should be used in the original sidewalk area before using the new sidewalk spaces. There are eight spaces available in the original sidewalk. To avoid any misunderstanding, DOES COUNCIL WISH TO MARE THE NEW SIDEWALK AVAILABLE FOR PLANTINGS PRIOR TO FILLING THE AVAILABLE SPACES IN THE ORIGINALLY PLACED SIDEWALK? clf Peninsula Memorial Chapels Serving The Entire Kenai Peninsula June 2 9, 1 9 9 2 (e)-ITY UL 1992 City of. Kenai210 Fida1go IY CINiKKenai, r,k. 99611 OFKEW!Attn: C.3rol I'reas/City Cleric �6t8t�` Dear Carol, Effective July 1,1992, the price of the black granite markers for the Leif Hansen Memorial Park will increase from $150.00 to $200.00. This is due to cost increases from the manufacturer. Sincerely, Tim Wisniewski 5839 Kenai Spur Hwy ❑ Kenai, Alaska 99611 KENA.I i HOMER SEWARD (90.7) 283-3333 (907) 235-6861 (907) 224.5201 MEMORANDUM TO: Kenai City Council 1791-1991 CITY OF KENAI G'C7.1a4:1,a1 4 41124"" 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 FROM: Charles A. Brown, Finance Director e�Q DATE: luly 8, 1992 SUBJECT: Quarterly Investment Report; Second Quarter, 1992 During the second quarter of 1992, the following security was purchased by the City of Kenai: Annual Date Type Cost Days Rate 4-30-92 Treasury Note $1,600,100 730 5.44 We are fortunate that tho above list is ve;-y short. Reinvestment rates are unattractive. During the last part of February and all of March, it appeared that short-term interest rates were heading upward. But, if you'll look at Exhibit II, you'll see that short -germ rates basically were flat during the second quarter. Just recently, the Fed discount rate was cut from 3.` tc 3.0. The recovery is lack.uster; economic expansion is so moderate that: interest rates are being held down. (Call me a skeptic, but_ this could have something to do with a presidential election coning up soon.,' Exhibit I :mows the current status of the City's portfolio. The average ann,jal yield of: the current portfo--io is 5.58% on $26,740,897 invested. 4t the end of last quarter, the City's average annual yield .qas 5.73% of $26,91.8,649 invested. c)ur average yield is 5.56%; we budgeted for 5% :in the 1992-93 budget. As the first several investments on Exhibit I mature, we'll see some 8% investments drop out: cf the portfolio and replaced with about 4.5% investments. We'll shirt to see our average yield approach our budget projection ,;oon. Memorandum Kenai City c_;ouncil :July 8, 199? Page Two As I do each quarter, L will. compare the City's return on investment with specific: benchmarks: Average City yield, 6-30-92 5.58 12-week average yield, 3-mc. T-Bills 3.74 12-week: average yield, 6-mc. T-Bills 3.92 12-weep: average yield, 12-mo. T-Bills 4.23 State Investment Pools, May, 1992: Cc_� lorado 3.66 Pennsylvania 3.75 ME.ssachusetts 3.89 I-� Q a E. O • O C7 m X q x o a �> � v z w ti a o. H fS] x w H V. s') N Q. N Ql J N (V c`) C✓) F> Pct 'S -- o .tom V. [-- M +W n M •:"1 a0 +-"• aD O� m O - H d 5 cc: o S a-• o Jz rn Q> rn C7 tT o a. d E^ m c- r r- r r- o• lD La. Q: lD Q> m ✓ Y l� a+ Y ..,+ v .t7 [ - u Y [, > F) Fa] pq _ p4 M O x x z c � y r .Q ..: R . ; .�J: - .:;: .tr: wa: d .0 cn c>•i - FA: (LJ L>1 CI) r]J t74 rs: - -C Percent �.a Seleloted Interest Rates Averaaes of Daily Faures Exh/ 6 7- = Percent !.0 \f. � S-Ysar - - - Treasury SsaurlW _ j Fedee al 'r \ - - Discount Rats 2. P,2 --r- -1--r- T-rT r rr r 2.0 1 11 31 H 21 I2 2! ! 23 ! 11 1 11 I IS 2! 13 27 11 24 1 :!1 1 20 3 17 1 1S 2! 12 2! 10 21 may Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul 1991 1992 Latest data plotted are averages of rates mailable for the week ending: July 3, 1992 1992 Federal Funds •• 3-Month Treasury Bill 6-Month Treasury Bill ••• 1 -Year Treasury Bill 5-Year Treasury Securities Long -Term Treasury Securities 17 3.65 3.63 3.73 -4:06--- 3.95 6.65 7.76 24 3.47 3.68 3.86 4.11 6.89 7.94 way 1 3.65 3.69 3.85 4.12 6.88 7.95 8 3.77 1 3.63 3.78 4.06 6.78 7.87 15 3.84 3.60 3.74 193 6.65 7,73 22 3.H9 3,61 3.71 3.92 6.61 7.69 29 3.60 3,71 3.90 4.06 6.70 7.79 Jun 5 3.85 3.71 3.90 408 6.61 7.76 12 3.tc3 3.67 3.83 3.99 6.56 7.74 19 3.7.5 3.63 3.75 3.93 6.44 7.67 26 3.; ? 3.64 3.77 3.94 6.40 7.65 Jul 3 • I 3.6-' 3.56 3,66 3.87 6.28 7,60 Current dots appear in the Federal Re me Elocrd's H. 5 release exclu ng long-term Treasury securities which are computed by this bank. Tre sury bill yields a on a discoun basis. • Averoges of rates available 1• Seven-day averages for week end' two days eorfil r than date aKn re - Auction average (disrounl) Prr.l ared by Federal Reserve Bank of St. Louie �,� �✓e��' f��e, ,f-11 3, bt- 3,2 Yr oo 1791-1991 rI r., CITY OF KENAI %ail Oaf .l 4 4Z2,-4a„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907.283-3014 14EMORANDUM TO: Mayor John J. Williams and Kenai City Council FROM: Randy Ernst, Airport Manage DATE: July 9, 1992 RE: Bid Award for Airport Agricultural Project The date set for the opening of bids for the raising and harvesting of hay on the inside perimeter of the airport was inadvertently set for July 16, 1992. This is the day after the normally scheduled City Council meeting. I apologize for this oversight and ask the Council allow the Administration to award the bid to the best qualified bidder on July 16. As of this date, one bid package has been requested. Thank you for your consideration in this matter. RE/kh INFORMATION ITEMS Kenai City Council Meeting of July 15, 1992 1. 6/17/92 "To Do List." 2. 7/1/92 "To Do List." 3. Pay Estimate No. 10, Kenai Congregate Housing/Gaston Associates. 4. 7/9/92 AML memorandum regarding job availability - City Administrator, City of Nenana. 5. 7/92 Greater Kenai Chamber of Commerce, Chamber Chatter. 6. 7/92 Greater Soldotna Chamber of Commerce, Your Chamber Today. 7. 7/92 Kenai Peninsula Borough Calendar of Events. 8. 1992 Alaska Rural Health Conference, Invitation to Participate - "Creating Healthier Alaska Communities." 9. 6/26/92 Senator Ted Stevens letter regarding Sister -City Okha, Russia visit. 10. Pay Estimate No. 1, Holden Company, Kenai Fire Department Bay. 11. 7/1/92 AML memorandum and application for AML/JIA Board of Trustees Vacancies. 12. Pay Estimate No. 6 - Final, Trading Bay Road/Granite Point Street/Alaska Roadbuilders. 13. July 1992, Alaska Municipal League, The Touchstone. 110 DO LIST JUNE 17, 1992 KENAI CITY COUNCIL MEETING BB - Write a letter to Carr's regarding placing a barrier between their parking lot and the Huss Fitness Trail, as well as cleaning up the building debris found in the park. KK - Tell Livingston -Slone to have prices on change directives. CLF - Notify Bicentennial to put together grant application for Certified Local Government Status. Letter of support -to Salamatof Tribal Council. Thank you to Trinity Greenhouse for the hanging plants at Memorial Park. Advertise joint work session (Council/P&Z) for 6/24/92. Have available copies of the Kasprisin report, Townsite Historic code. Reframe All -America City Award. LS - Talk with Borough Finance Director regarding fish tax used for building a camping facility. TO DO LIST JULY 11 1992 RENAI CITY COUNCIL MEETING CLF - Check on decal prices JW - Review management of Senior Center with Administration. Speak with Sherman Signs regarding All -America City sign additions. RH/CRG - Modify the janitorial contract for the Cultural Center. c W z C tY F- 'y ? U Z O Q U O Z z Q Q U_ zi CL- CL. Q M �r V) 0 0 x U 41 b (v M �i 0 u ■ Ii ■ � Cs1 n co TO V 1 0CD �- U Z to l� w ccoM(5 LL <- CL Ol) U u1 0 rn H m .H ro lry > 44 om rU C •'•I 41 U b� O 0 .H O 4 a4m cr rA S C. ' 7 cr Lr .9 ; M 1:: c Cl C: w V, ro cu c C C- H w V +I O „9 ce z rt C v a, E p t++ O ^,. V O E co a w o p ro __ O rn < H .` w ce a n Z H n N a >po w O �,Oavi :'S.v H +Ua ou Ewp 0 a tl1 tl t- yp o c(r� lJ oo �s ^ °J rvo R n Ci +r+►-�T. pa 'n _ cc Ln H. p o O o A O p •a U C c N tU cwi c S (y a, C Q z V O E �}{ 11 0 0_ Ln c v J t� Z rC o a E� � � � u- C" ..�J c o 00V� yp�r y c Z O 'Zc a O U) rCl c _^ _ c •O .� a' rj E w p Q C y 3 Q C? E o c ro Q ai W C~ w N LU ro U g i^ °0 V �f .�Uzu , ii U°c� -'tLa�Z=,tea E O Z J V m ro U a O r0 FO HO .0) ^ O Ln MD CT)z o coCCN �; v, 3 CS) Q V G \` n c�-J co 0.`. C" o L tr1 C71, li-x_t 0 � r- •r%1 r•-�1 r%I 0 ko O ai 4ft Q� x O O N O 0 C C. a1 !7l rd d4 41 .- 4 0 Q r•i r--1 in .- U C,•J W 'p u co -H V) •*•� r- tv 0 x U N b4 U C cc: Z 3 J c Z C, z F- Q C' \� u Y V co U-) Z O z L) Z i' O O 00 a) i z MOON tf) tj rVNNO t0 COtnu1Lf) V ONlO OLn J Ln oc O > r 0 v 2 o O 0, � N n> L c Q c Cl-D p v L ce w ro n `s ro iU v C A O L 0 U 0 0 Z c � � , C .n c , � r-• 00 M L a: C, > �a�� C CL =) O 000 U: u_ Q'Z U fJUU Z « c�+ V (V ac) a < (i �s ���3 ❑T � T CL L 0)I alu Y C N 0ts j` iE� -z Y O rO raIL � V a v0 ❑ ? _0 r° V v L O CL C O p 41 O w<EooC vs o c U 3 0 0 0 �L0 ca N -C v c 3 5 o _aoUoE a ? t� v ? 4 N 3 o L O c� C:v ri _O J V C U0 o �o`�vv v `c E c ro o oc°cUo3 c Q) c < �EQ�tac v. voE-9ca Z Is c f w w v ra E W `roc o Z c -- C7CE 2 Ov b < E v o (LI v uc a` c c ro c a N tli :3 0 v L 00 c 0 G ro v c wi ro o z a)W c y *_. u Q "i m U 1 vv�^_ D00 c .. Z c O '- a, � _a W A 3 0. y O L L O o t. w a. C Q) -C w o C 0°;�1:z 6- OLroCQ c ro Q cQ.0� V va,�`}� �• EEEroo LL. :3 C ~ O uc ra a o-c -,o; � moo Q. 4 _y L- ! L T" ro .- > J c V =.(U `vim y v UJ ccL a _ ) V _ c C1C cor' Q T MUNICIPAL lAALASKA LEAGUE Date: July 9, 1992 Total pages w/ cover: 1 217 Second Street, Suite 200 ■ Juneau. Alaska 99801 ■ Tel (907)586-132b. Fax (Uu/)46;j-y48t FAX t70VER LETTER Following pages are for: AML Member Municipalities From: Kent E. Swisher, Executive Director The following is a paid advertisement CITY ADMINISTRATOR The City of Nenana, Alaska (pop. 504) is seeking a City Administrator. The City Administrator works closely with and reports directly to the mayor; works closely with the city assembly, department heads, committees, and commissions; and is responsible for carrying out the mayor's administration of city government and duties as directed by the mayor. The City Administrator is responsible for grant writing and administration; acts as local, state, and federal liaison; and is responsible for annual budget preparation. Many diverse and fascinating duties on a day -today basis. Oualifications: Minimum of a bacheilor's degree in public administration or a related field, minimum of five years of experience in municipal administration in a supervisory capacity. Salary: $45„000 per year DOE. Submit resume, with at least five Alaska references, to the City of Nenana, Executive Search Committee, Post Office Box 70, Nenana, Alaska 99760. Deadline for submitting applications Is July 15, 199Z The City of Nenana is an equal opportunity employer. All resumes are public record. The Alaska Municipal League provides acj rew Sing for muMcipal vacancies through both its fax network (for a reasonable fee for AML mwnbwv) and its nowsletter and bulletins (free to AML members). Call the league at 907-58&1325 for more information on adverUsing posit/on vacancies. Member of the National League of Cities and the Notional Association of Counties Greater Kenai Chamber of Commerce Office: 402 Ove. Kenai, Alaska 99E11 (90 7) 283- 7989 Chamber Meetings scheduled for July 1992. Kenai Kings inn CONGRATULATIONS 12 Noon. r July 1. KENAI John Devens Democratic candidate for U.S. ALL AMERICAN CITY Congress. July 8. Commissioner The City of Kenai was chosen from a group of Harold Heinz. some thirty cities for this distinguished award. July 15. Senator Paul A group of eight representatives travelled to North Carolina to Fischer. represent our city and give; an impressive presentation. For the entire time the group wore their Alaskan Kuspuks everywhere and were July 22. conspicuous at every function attended. This 'advertising' paid off at No meeting. their presentation and was one factor in their winning presentation. July 23. The presentation of the ;Troup centered on the city's involvement in Combined meeting the development of the Congregate Housing project, the Womens' with North Crisis Center and the Visitors and Cultural Center as examples of civ,,c Peninsula Chamber. projects. The: many hours of planning, paperwork and research paid off Col. John Pearce with the winning of this award. Army Corps of Engineers. Congratulations are due to Pat Porter, Carol Freas, Bob Rubadeau, John Williams, Chris Monfor and Sallie Bailie, as well as to others w io July 29. gave their time and expertise to make this project successful. Health Care Advisory This award definitely proves that Kenai is the "Best Little City in Alaska". r, _/\_� - -- FOURTH of JULY It is time once again to celebrate America's birthday, and we at tht� Chamber sre busy preparing for the Fourth of July festivities. Our parade is growing tiast with lots of entries and additional groups signing up each day to participate with floats, pets or just to be in a parade. If you wish to be a part of these celebrations, it is not too late. - BEAUTIFICATION contact the Chamber office at 283-7999. Booths will once again be available, and at the barg<tin rate of $25-00 for a 10ft x 10ft space there Do you have a garden are not many left. Your organisation may wish to take advantage of the you are proud of? Does crowds to raise some money. your neighbor have one'? The Rotary Club will kick off the day with a pancake breakfast from If so submit their names 7 a.m. on the strip and this always provides a good start to the for flee beautification green day. The parade line-up begins at 9 a.m. and the parade starts at 11 award by calling the a. m. The parade route is down Willow Street and along the Spur chamber on 283-7i-,189. Highway to the Chamber cabin. Due to the difficulty of crowd control, This years judging, of we are requesting that candies not be thrown to the crowds this year. homes and businesses will take place on July 2 8th., Following the parade, entertainment will commence in the but only entered places entertainment tent in the booth area and will continue throughout the will ged. ejudged. W' are be afternoon. Food and craft items will be for sale at the different booth always looking for new on the green strip. The Fire Fighters water competition will take place entrants, so give us a call. at the parking area of the Bald Carrs Mall. Come along and get drenched!? Our city and residential areas a looking great Don't forget Twin Cities Raceway will have racing at 2 p.m. at their again this year and many track at mile, 8 of the Spur Highway, featuring the 2nd. Annual Mayors homeowners have put Race. Come along and see if your elected representatives can drive a hours of work into race car as well as steer tree ship of state. At 6 p.m. the Peninsula Oilers malting Kenai look nice. will have a baseball game at Oiler park and should provide a relaxinf° This is a chance for the finish to a very busy day. The weather forecast is for good weather, ;o public to see and hear include Kenai in your Fourth of July plans. about the efforts people have put into maki:tg Kenai one of the batter SSOFTBALL TOURNAMENT places to live. If you're prouc' of your home or business, don't be. rrtodest Friday July 24th, the annual Kenai and Soldotna chamber softball - let everyone know by tournament will be held at the Kenai Softball fields at 7 p.m.. This font Sion, up for this game is notable for the bases being reversed, leaving many players o it g comps t-don. We hope to ! on third by mistake. If you ,vish to be part of the Kenai team, call hear rrom you. 283-7989. You do not have to be an expert, but you should be able tc, at lc ast walk. Plenty of food and refreshments supplied, so come along and participate, or at least root for your team. KENAI CHAMBER OPEN GOLF TOURNAMENT AUGUST 1 & KENAI GOLF COURSE Sign up at the Chamber office (283-7989) or the Kenai Golf Course. Many flights are available, so you do not have to be a pro to play. The entry fee includes 36 holes of golf, a Sunday awards barbeque and lots of prizes. ALPAR. The ALPAR cleanup litter patrol commenced work on June 8th. The group consists of four students and a supervisor and will work throughout the summer keeping our city and surrounding areas clean and free of trash and litter. This program is supported by a grant from the ALPAR office and is supplemented by local donations. Many businesses and local governments have contributed towards this worthwhile project. We would like to thank: the Kenai Peninsula Borough, the City of Kenai, Spenard Builders, Romer Electric Association and Doors & Windows, as well as other contributors. Your assistance provides meaningful employment as well as improving the appearance of the local area. Barbara Druesdow has been providing supervision for the group for the last three years., and through her efforts the local ALPAR group has been awarded the "Most Outstanding" award from ALPAR as well as being recognised b,✓ the State Legislature. Good work! If you see this group about, give them a toot! They like to be recognised for their efforts. Don't forget that ALPAR stands for "Alaskans for Litter Prevention and Recycling", so we all have a responsibility to keop our area clean. It is unrealistic to think that there will never be any roadside litter, but as Alaskans we can in_inimise what ends up on they roads with a little thought. AL- �. ;� - - - 7 ;-_- - FLAGPOLE Many thanks to Honer Electric for their effort, in erecting the Chamber Ylag pole. Chuck McDonald and Dave Lewis supplied the expertise in this project and we thank them for their time and efforts. BUSINESS IMPROVEMENTS Have you visited Frontier Frames new premises in the Willow Street Mall',' McDonalds has new landscaping around both their Kenai anc Soldotna stores. Looks great. Are you renovating, relocating or land- scaping at your business? Let us know and we'll pass the word along to our members. Garage Sale The garage sale held by the Chamber on Saturday June 20th. was a success. Some $300 was raised to provide funding for repair of the cabin logs before final restoration. As well as it being a pretty day, several other people joined us on the Iawn by the Chamber office to sell their wares also. Thanks to Gary Kings, who loaned their tent for use va case of rain. Board Meeting Relocation Each quarter the regular Friday Chamber Board meeting will move to a new venue to patronise our business members who are restaurants. After many years at the Kenai Kings Inn, the board will meet each Friday at Don Jose's Restaurant starting July 10. The Wednesday member luncheons will still be held at the Kenai Kings Inn at the usual noon time. Chamber Committees The Chamber has established a Membership committee under Val Edmundson, and a Policies and Proceedures committee chaired by Sharon Moock to better direct the Chamber as to how to serve the business community in a more supportive manner. If you have any thoughts or comments on these committees, call the Chamber office. 1992 BOARD OF DIRECTORS President . . . President Elect. Vice President . Sec/Treasurer . Past President . Director . . . Director . . . Director . . . Director . . . Director . . . Director . . . Director . . . Director . . . Director . . . Director . . . Director . . . Linda Chiver Tom Wagoner Val Edmundson . . . Bill Kluge * . .Bill Coghill Sharon Mood . Ronnie Hughe, . Peggy Arnes, Steve Wiest; . . Bill Brighton . Art McComsey Laura Measles . Alan Reitter Barry Thomson . Willa Konte . Barry Eldridge Executive Director: Eleanor Thomson Address: 402 Overland Kenai, AK 99611 Telephone: (907) 283-7989 FAX: (907) 283-7183 Greater Kenai Chamber of Commerce . _, 402 Overhand BULK I�AT1= U.S. Pc rat;E Kenai. Alaska 99611 PAID - KENAI, r I, 99E"1 _ .. Permit 'iok=_� Pre. ,rr KENAI, CITY OF 210 F ID AtGO AVE, Greater Kenai KENAI AK 99611 C h a b eJim- Cf CO(`1M( ce July 1992 Sunday Monday _ Tuesday Wednesday Thursday Friday Saturday CHAMBER CHAMBER 4TH OF JULY LUNCHEON BOARD COMMUNITY KENAI KINGS INN MEETING FUN (PARADE & Kenai Chamber of Commerce 12:00 NOON DON JOSE'S BOOTH'S) 402 Overland 12:00 NOON Kenai, Alaska 99611 JOMy DENVENS (907) 283-7989 DEM3CRAT FOR U.S. C01413RESS CHAMBER CHAMBER LLNMEON BOARD KENAI KINGS INN MEETING 12:CO NOON DON JOSE'S 12 :00 NOON COM ISS TONER H AROLD KE INZ CHAMBER CHAMBER LUNCHEON BOARD KENAI K ING'S INN MEETING 12 :00 NOON DON JOSE'S 12 :00 NOON SENATOR PALA. FISCHER of a Its 19 NO MEETING COLONEL JOHN CHAMBER PROGRESS DAYS PEARCE BOARD MEETING FOR SOLDOTN'A ARMY CORP OF DON JOSE'S ENGINEERS 12:00 NOON l COMBINED SOFTBALL GAME 3 MEETING SOLDOTNA & WITH NORTH KENAI PENINSULA CHAMBERS AT g IRS so 29 CHAMBER So 7 :00 UNAI FL ZEDS mid Ig® BEAUTIFICATION CHAMBER CHAMBER ,.IUDGING LUNCHEON BOARD KENAI KING'S INN MEETING 12:00 NOON DON JOSE'S 12 :00 NOON HEALTH CARE ADVISORY COUNCIL SURVEY END OF KING Mi m I ' 1 NEW I SI D SALMON cr acnra ' n Va N Is Is YOUR CLAMBER TODAI"y Newsletter of The Greater Soldotna Chamber of Commerce ................Volume 5 Issue 7................. July 199' to .Sapp, 0� `--Phvpm - aye '92 Staff and volunteers were treated to a dinner cruise last month aboard the MN Emerald Sea PROGRESS DAYS ARE CRUISING YOUR WAY The 1l5th Annual Soldotna Progress Days Celebration will take place July 24 through July 26, 1992. To kick off the weekend, the Kenai and Soldotna Chambers will partidpate in the "We could have won, if..." Challenge Cup Softball Game on Friday, beginning at 7:00 p.m., on softball field #4 (in Kenai). Members interested in playing should contact one of the Chamber offices. If you are unable to play, come on out and cheer on the teams. This year's parade theme is "Cruising to Soldotna". Line up is at 9:00 a.m. and the parade will start at 11:00 a.m following the traditional route. Our dinner and dance will feature a Cotton Moore Barbeque and music by Southern Comfort. We will once again be on the main arena at th:= Central Peninsula Sports Center. Dinner begins at 6:0:1 p.m., the Lip Synch Contest is scheduled for 8:00 p.m., and the dance will follow. Plan to join us for a great time! SOLDOTNA CHAMBER BOARD ACTIONS Approved sponsorship of the Kenai River Festival Approved the purchase of a 1/3 page ad in the Kenai Peninsula Vacatior Planner ` Set the cost of the Progress Days Dinner & Dance at $25.00/couple, $15.00/single and $5.00/youth 12 and under Thumb's Up We would like to extend a very special thank you to member, Ron Mager (Major Marine Tours), for hosting the Chamber office/visitor center staff, volunteers ` and their spouses to a scenic wildlife dinner cruise on Resurrection Bay. Those who attended were treated to magnificent scenery and a delicious meal of "ail -you -can -eat" Alaska crab and shrimp. Everyone had a wonderful time a^ld extends their appreciation for this most generous contribution! People have been busy spreading the word about Soldotna. We would like to tape an opportunity to thank member, Mike McBride (Air Adventures), for distributing Soldotna brochures during a recent conference in San Francisco. We would also like to thank member, hlal Smalley (Kenai Peninsula Education Association), who picked up recreation guides„ maps and brochures to promote Soldotna during the National Education Association Convention in Washington, D.C. this month. We do appreciate your promotional efforts! The visitor center received a bit of a face lift this past month - our thanks to Dan Quick (husoand of VIC employee, Zelma), for installing the moose head mount and moving the caribou rack. The displays look great! The 1992 Progress Days Schedule of Events is enclosed with this newsletter. If you need additional posters, please contact the Chamber office. KENAI PENINSULA MAPS NOW AVAILABLE The Kenai Peninsula area maps produced by Blake Publishing are now available and ready for distribution. Although the intended delivery date was June 1st, the maps were received here in Soldotna on June 17th. There are 25,000 copies to be distributed (free of charge) to the visiting public. Anyone wishing to have a supply on hand, may pick up maps from the visitor center. It was brought to our attention by more than one of our members, that representatives from Blake Publishing used two erroneous selling points to solicit advertisers. First, mE!mbers were told that the map was being produced for our Chamber; second!, members were told that the Soldotna Chamber received a percentage (commission) of the advertising sales. Neither of these statements are correct. Blake Publishing retains all proceeds derived from advertising sales. And although we have offered our facility to serve as the delivery/pick-up point for the maps, this is not a Chamber project. We are happy to be able to give these maps away at the visitor center, however we are not pleased that incorrect information was used to boost sales. g'OONDOCK CNAMBE�R of C MrMn E n. t� .. And as requested by our Ath of July' fireworks director.. . we purchase much longer fuses for next year's show.." MEMBER ANNOUNCEMENTS The Soldotna Area Senior Citizens would like to announce that the Soldotna Senior Center is available for rental for group meetings, wedding receptions, seminars etc. The main dining room rents for $175.00; kitchen and dining room is $250.00, with dishes $1.00/per each place setting. Maximum occupancy of the dining room is 150 and maximum seating for dining purposes is 124. There is a piano available for rent at $25.00 and speakers for $15.00, For more information call 262-2322. The Soldotna Lions Club will present a Kenai Peninsula Arts & Crafts Fair, every Saturday from July 4th through Labor Day. The fair will be held at the Lions Hall on Kobuk Street (behind BJ's). For more information call 283-7540. Submit announcements to Your Chamber Today, for inclusion in future issues. CAROLE HOBART SELECTED AS JUNE EMPLOYEE OF THE MONTH Carole Hobart, Assistant Manager of Donna's Country & Victorian Gifts, was named Soldotna Chamber of Commerce Emplcyee of the Month at the June 23rd general luncheon meeting. Merchant Committee Chairman, Mike Sweeney, and store owner, Donna Schwanke, presented Carole with the certificate of appreciation. Carole rias worked for Donna's for six years and is described as dependable, conscientious, creative - a first class employee. Congratulations Carole! DULY CHAMBER LUNCHEON. -CALENDAR TUESDAY @ NOON, KLONDIKE CITY HALL Julr 07 - Betty Obendorf, School Board President, KPSBD & Bond Issue. July 14 - To Be Announced July 21 - Committee Chair Reports; Kurt Eriksson -Membership Mike Sweeney - Merchants Jay Weimar - B.L.T. July 28 - Don Gilman, Borough Mayor, State of the Borough Address. GREATER SOLDOTNA CHAMBER OF COMMERCE PO BOX 236 Soldotna, AK 99669 (907) 262-9814 PROGRESS DAYS SCHEDULE ENCLOSED: PLEASE POST City of Kenai j 210 Fidalgo Kenai AK 99611 BULK RATE U.S. Postage PAID Permit No 5 Soldotna, AK 99:69 1992 BOARD OF DIRECTORS President John Torgerson................... Electrotek (RadioShack)........... 262-6192 Vice -President Kurt Eriksson....................... National Bank of Alaska............. 262-44,6 Secretary/Treasurer Mavis Blazy......................... Blazy's Rentals/B & B ............... 262-4591 Past President Ginger Steffy ....................... Kenai Peninsula College.......... 262-58(1 Joyce Bocksnick.................. Insurance Connection.............. 262-2515 Roger Byerly....................... Angler's Lodge & Fish Camp..... 262-1747 Jan Drew ............................. Freedom Realty....................... 262-177`1) Betty Harris ......................... J &B Stor'N Lok....................... 262-4771 Ken Lancaster Jr .................. A -Point of View Realty.............. 262-7006 Diane Simmons .................... Frames & Things/Gallery West... 262-5248 Mike Sweeney ..................... Sweeney's Clothing................. 262-5916 Jay Weimar .......................... Peninsula Clarion..................... 283-755" Executive Director Cathy M. Clark ...................... Soldotna Chamber................... 262-981 a Office Assistant Susan L. Hensler Bookkeeper Loretta M. Lunn i S tt r' r O F[y g b <° CM • F Qc� 1WL A t� �• N zx p d �o�p�� 3•C- 2• (��' ' 1 lit.J'a—• p COlit $ i ¢8n',i y 3� �d • I' ;� 7f'�'4� �S G �, , �; N 6•a-„{L �C P Sa'' .��: 7.1y.�,,[! . , l FOW .,y'a. l p � �O �nyia e '.M ON � •ie�� `'�.,' 1ge�_n = 5 j.� ,!-• a`N a r �^rne— �•2 'Iti�>,�A. 1.V- �,I ' •h.� ,j;• hIE_� _ ,.'�T.•T r �4 r � .: 00 t r �7 1 ,� . e'�y' •: . i'. �$ ;�j�,y •.a'k+ r a a �N ',: •.�y':? q s: yyy �• ` r J GJk �' Ito �"F ft wO cc ` ■ �M•.. iL�r � l.�i$ `5'r'•�i ' Y ,;' •i', y��"�. '4 =md. 6 ♦T— ��, k� mY r�� C�u' bf @'��° '�, �$ � ¢}a, fA �i� �� P lc �' �Y� .. 1. ,�fxlY'� �6, 11fYM. m "; r N . i� .. it /{ED 1 •a+F ;, • �YwS l'p 7 � . •• 22 O QM4 ��^• m6:�7 ° L9� �E.` t. (riiry .t QQ F Jn^ a' p ` ., + ai'. Fa . •,i`ti ag'7` r ,J rs> in N O a a •ay' • ,-' " K eai, 4r " 1 + 4. ik; r a N+N �Tf , in t. �'•i t n a w co 7" N N N s.1.5a1 ��s• E N Hui I �— N s N C u Sz ,a .$ �• IV• N t- ca IL IL N ° obi o Igo: r� A Zy IzQ LLI Y4@I Njsm Wy N July 1992 KENAI PEI`41NSULA BOROUGH SUNDAY M Y TUESDAY WEDNESDAY THURSDAY FRIDAY 78916,,� 1 2 3 Dominion Dav 5:30pin Cent Borough J �1gyc U, (Canada) Penn Hosp Bd Offices M m Closed CO E EZ.�% 5 6 7 8 9 10 7:30pm No Assembly 7:30pm Nikishi 4:30prn Agenda 2:00pm 911 Plani-m-, Meeting Fire Bd Deadline Advisory Bd Conlin 12 113 14 115 7:00pn1 Road 7:30pm Bear I Board Creek Fire Bd i NACO - Hennepin Cty, MN 16 117 SATURDAY 4 Independence Day 11 18 10:00am :�ML Board t-Atg. Anc 19 20 21 22 23 24 125 6:30 sn Cent P Emergency 5:0oI,r1 - 7:00pin 4:30pm Agenda As"` CO1iT1�" Deadline ! 1 7:00pm Anchor Svcs Bd 7:30p1n Pt Fin, Bd 5:30pm Central Plannjn2 Penn Hospital 7:30pm l Comm Bd Assembly 7:30pm School Peg Mtg` j Bd Rc- Mt,, 26 127 �28 29 30 31 I:OOpm KPB 7:00prn No. j Employee Penn Rec: 3d ` Picnic t, 2 3 :) ° 9 10 1! ,2 14 15 16 17 1° 11) 20 4'1 22 23 24 24 26 27 28 29 :'0 AML Leg. Comm. - Kenai I , W S ��j T 2 ., 4 5 6 7 8 9 10 '1 12 13 14 1 5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Plca.sv report changcs to Borough Clerks Mike G/2( 199' 1992 ALASKA RURAL HEALTH CONFERENC..., AN INVITATION TO PARTICIPATE 8:00 p.m. Friday Evening, October 9 through 2:00 p.m. Sunday, October 11 THE REGAL ALASKAN HOTEL — ANCHORAGE, ALASKA CREATING HEALTHIER ALASKA COMMUNITIES RURAL ALASKA HEALTH EDUCATION CENTER 118 Red Building University of Alaska Fairbanks Fairbanks, AK 99775-1740 (Tel) 907474-6020 (Fax) 907474-6739 AN INVITATION TO 1992 ALASKA RURAL HEALTH CONFERENCE Regal Alaskan Hotel, Anchorage Alaska's astral health care givers, policy makers, and concerned citizens are invited to attend, participate in the program, share your experience and challenges, network, and have some fun at the 1992 Alaska Rural Health Conference October 9-11 at the Regal Alaskan Hotel (formerly Clarion) in Anchorage. Our program goal is to build on the success of the 1991 Rural Health Conference in Palmer and to compliment what we learn from the 1992 Alaska Health Summit. Join us in "sharing the vision" of healthier and safer rural Alaska communities. Return the form below and let us know: 1. Will you join us October 9-11? 2. Will you participate by sharing with us your ideas for solving the health professional shortages or particular challenge you face in delivering rural health care? Do you have a handout or exhibit on programs that work for you? 3. Can you sponsor a speaker or underwrite a scholarship to assist someone who should attend? Do you need a scholarship to attend? MAIL TO: Rural Alaska Health Education Center 118 Red Building University of Alaska Fairbanks Fairbanks, AK 99775--1740 (Please check.) — _ Yes, send me the registration packet for the 1992 Alaska Rural Health Conference (Early August) Yes, I will distribute registration packets to my colleagues/members of our organization. Number Needed _ Yes, I would like to participate by Participating in Saturday luncheon program on recruitment rural care givers. _ Participating in Sunday,rown Hall Session on Issues & Challenges of Alaska Rural Health Care Commercial Exhibit ($300.00) Subject:_ —Educational Exhibit ($SO 00) Subject:___ _ Handout (200 copies) Subject:__ I would like to sponsor:` Spe+aker_ Other — Yes, I would live information on a scholarship. Comment/Question Returned by: __-.----_-- Representing (facility/program/agency)­ Addres: Scholarship_ Title: Telephone: --------. _.- -_Fax: City_ Coffee Break Reception Zip: 1992 ALASKA RURAL HEALTH CONFERENCE Regal Alaskan Hotel 8:00 -10:00 Early Bird - Registration/Reception E p.m. i 8:00 - 9:00 Registration/Breakfast 9:00 - 9:15 WELCOME: Dan Johnson, 1992 Program Chair 9:15 - 10:00 KEYNOTE ADDRESS: Mental Health and the Rural Community - Coordinator: Susan Lamagie j 10:00 - 10:30 Break/Visit to Exhibits 10:30 - 11:15 Educational kdministrativefPublic Policy Clinical 1 Update on Family Medicine Update on API 2000/Mental Suicide Prevention Residency and Physician Assistant health Trust Act Coordinator: David Sam Programs Coordinators: Jan Mc(3illivary and Mary Coordinator'. Michael Dimino Troll 11:15 - 12:00 Educational Administrative/Public Policy Clinical Improving Relationships Between Project Choice and Home Health Clinical Aspects of Successful Urban and Rural Caregivers Care Systems Rural Alcohol and Substance Coordinators: Susan Lmagie and Dan Coordinator: Deb Erickson Abuse Programs E Johnson Coordinator: David Sam C 12:00 - 1:30 LUNCH: Recruitment or Rural Caregivers Coordinator: Michael Dimino 1.45 - 2:30 Educational Administrative/Public Policy Clinical Leadership Training in Rural Health Follow up of the Health Summit; How to Do a Mental Health Exam Coordinator Susan Lamagie Specific Health Plans Coordinator: Jan McGillivary { Coordinator: Deb Erickson 2:30 - 3:15 Educational Administrative/Public Policy Clinical Critical Incident Stress Debriefing Chtality Assurance and Public Elder Care in the Rural Setting Team; Caring for Caregivers Access to Health Care Coordinator: Mary Troll Coordinators Ronnie Sullivan and Mary Coordinator: Susan Larnagie Troll 3:15 - 3:45 Break/Visit to Exhibits 3:45 - 5:00 Educational Administrative/Public Policy Clinical Training Programs in Substance Promoting Rural Community Transport of Psychiatric Patients Abuse Health Systems from the Rural Community Coordinator: David Sam Coordinator: Denny DeGross Coordinator: Ronnie Sullivan 7:00 Reception/Dinner 8:30 - 9:00 October Breakfast 9:00 - 9:15 Announcements: Dan Johnson 9:15 - 10:15 Health Care Reform and the Rural Community Coordinator: Susan Lemagie 10:15 - 10:30 Break 10:30 - 12:00 Town Hall Meeting: Issues and Challenges of Alaska Rural Health Care Coodinstor. Harlan Knudson 12:00 - 1:30 Lunch 1:30 - 2:01) Planning for Third Annual Rural Health Care Conference Adjournment CONFERENCE COORDINATORS Dan Johnson & Marcia Cressel Argall Rural Alaska Health Education Center 118 Red Building University of Alaska Fairbanks Fairbanks, AK 99775-1740 (Tel) 907-474-6020 (Fax) 907-474-6739 HOTEL ACCOMMODATIONS Regal Alaskan Hotel (formerly Clarion) 4800 Spenard Road Anchorage, AK 99517-3236 (Tel) 907-243-23(X)/1-800-478-2100 (Fax) 907-243-881. Rates: Single $75 plus tax - Double $85 plus tar Rate good 10/6/92 through 10/ 15/92 Call or write hotel - Mention you are attending Alaska Rural Health Conference AIRLINE DISCOUNT Alaska Airlines Alaska Rural Health Conference Code CMC0068 1-800-426-0330 or Your travel agent 20% off in state Y9 Fare 5% off ExcursionJSuper Saver 40 % off out of state Y9 Fare Rate Effective 1017192 tc 10113192 Mark Air Alaska Rural Health Conference Code BANCDGI I Telephone 1-800-478-0800 or your travel agent 40 % discount Y9 (regular coach) fare Rate Effective 1017192 to 10113192 REGISTRATION $150.00 before September 16. $175.00 after September 16. CAR RENTAL Discounts requested from the following: National Car Rental Alamo Car Affordable Car Rental Avis Car Rental Budget Car Rental EXHIBITS Commercial Exhibits (6 foot table top) - $300 Educational Exhibits (6 foot table top) -$ 50 Contact Marcia Cressel Argall at RAHEC Set tap after 3:00 p.m. Friday, October 9. Remove Saturday, after 5:00 p.m. SCHOLARSHIPS Grants to assist care givers in travel, hotel and registration for conference will be available on a limited basis. Write to Dan Johnson, Program Chair. CONFERENCE STEERING COMMITTEE Dan Johnson, Chair; Nancy Sanders, Ray Schalow, Christine Blackgoat, Katy Fischel, Kathleen Walker, Neil Bacon, Eileen Scoggin, Susan Lemagie, Ed Manning, Marcia Cressel Argall, David Sam, Dennis DeGross, Robert Clark, Harlan Knudson, Anne Walker, Mary Troll, Tom Nighswander, Rob Burgess, Ronnie Sullivan, Mark Johnson, Curt Menard, Jay Kerttula, Georgianna Lincoln, Anita Todd Tigert, Deborah Erickson, Vomiie Carole, Mike Dimino, Martha Reinbold, Jan McGillivan, Bill Davnie ROBERT C. BYRD. WEST VIRGINIA, CHAIRMAN OANIEL K. INOUYE HAWAII MARK O. HATFIELD. OREGON E"RNEST F. HOLLINGS, SOUTH CAROLINA TED STEVENS, ALASKA :. SENNEIT JOHNSTON, LOUISIANA jAKE GARN, UTAH [IUENTIN N. BURDICK, NORTH DAKOTA THAD COCHRAN, MISSISSIPPI PATRICK J. LEAHY, VERMONT ROBERT W. KASTEN, JR,. WISCONStN JIM SASSER, TENNESSEE ALFONSE M D'AMATO, NEW YORK DENNIS DECONCINI, ARIZONA WARREN RUDMAN, NEW HAMPSHIRE DALE BUMPERS. ARKANSAS ARLEN SPECTER, PENNSYLVANIA FRANK R. LAUTENBERG, NEW JERSEY PETE V. DOMENICI, NEW MEXICO TOM HARKIN. IOWA DON NICKLES, OKLAHOMA BARBARA A. MIKULSKI. MARYLAND PHIL GRAMM, TEXAS HARRY REID, NEVADA CHRISTOPHER S. BOND, MISSOUFII BROCK ADAMS, WASHINGTON SLADE GORTON, WASHING 70N WYCHE FOWLER. JR_, GEORGIA J. ROBERT KERREY NEBRASKA JAMES H. ENGLISH, STAFF DIRECTOR J KEITH KENNEDY. MINORITY STAFF DIRECTOFi. The Honorable Mayor City of Kenai iiu ridalgo Kenai, Alaska Dear John: 'United �*tattz *tnatt COMMITTEE ON APPROPRIATIONS WASHINGTON. DC 20510-6025 John J. Williams 99611 June 25, 1992 1� Ole JUL 1992' OF vi Thank you for your correspondence to let me know of the new sister city relationship that Kenai has formed with Okha, Sakhalin Island, Russia. I followed President Yeltsin's recent trip to the United States with great interest. While I did not have the occasion to speak personally to President Yeltsin or Mr. Cherny during this stay in Washington, D.C., I certainly would not hesitate to put in some good words for your office and the city of Kenai. Thanks again for your letter, and I share your excitement about the great opportunities that this new sister city relationship will provide for your communities. With best wishes, C r ially, EVENS 1 � COMPANY v Box 3127 oldotna, Alaska 99669 f. ! JUL,1992 �_V�; (907) 262 5742 Fax: 907-262-165E porptupl PROJECT BILLING TO: O/`� -,v / _ Date: Project Billing Number: Q / Job Description:��slrL .�r�.�a+-J rmGr✓% ��'/ Original Contract Amount: Modifications to Date: AJ,J't QKq*f,'fcl $�9���3 $ Total Contract and Modifications: $'26 'LSy;,2' Completion ,and/or Stored Material to Date: Less Previously Billed: Current Hillinq: ..��ll d Less /cam ! a Retention.: Net Due This Period: L,, ,/��• i,/ o ..-G v� �rDG 1r ow04- GENERAL CONTRACTOR 0 LIC. #A17982 0 RESIDENTIAL 0 COMMERCIAL • REMODELING � MUNICIPAL .1VASKAIL � LEAGUE July 1, 1992 217 Second Street, Suite 200 a Juneau, Alaska 99801 • Tel (907) 586 TO: AMUJIA Participants, AML Members, Municipal and Associate, Alaska School Districts, AMUJIA Board of /Trustees FROM: Kent E. Swisher, AML Executive Director SUBJECT: AMUJIA Board of Trustees Vacancies 567CNJ 9��jy r CLERK KENAI In September, the Alaska Municipal League (AML) Board will appoint individuals to fill four vacancies on the Alaska Municipal League Joint Insurance Association, Inc. (AMUJIA) Board of Trustees. If you are interested in serving on the Board for the AMUJIA, AML's insurance program, please complete and return the enclosed AMUJIA Board of Trustees Declaration of Interest form. Also, please distribute the enclosed information to others who you think might be interested. Completed forms should be in our offices by July 24, 1992, for proper consideration. The terms of the AML4JIA Board Chair and Soldotna City Manager Richard Underkofler, Vice -Chair and AML Board Member Mayor George Carte'of Palmer, Trustee and Finance Director for the City of Seward Rick Gifford and Trustee and City Administrator for the City of Nenana Steve Bainbridge, expire in November 1992. The AML Board will appoint individuals to fill vacancies on the AMUJIA Board in conformance with the AMUJIA bylaws (enclosed) from those who have expressed an interest in serving by filling out and returning the enclosed form, 'Those appointed by the AML Board will take office at the 5th Annual AMUJIA Meeting, tentatively scheduled for November 10, 1992 in Juneau, and will serve for two-year terms. Others who are also interested, but are not appointed to the AMUJIA Board will be considered in the future for standing and ad hoc AMUJIA committees, or to fill unexpected mid-term vacancies on the Board. AMUJIA is a nonprofit: corporation formed by the AML under AS 21.76 to provide insurance and risk management services to AML member municipalities and school districts. The AMUJIA begins its fifth year of operation on July 1, 1992. The Board of Trustees directs the professional staff and sets the policy for the organization. Board members should be knowledgeable about municipal/school district operations, insurance, risk management, finance, and/or law, and they must be willing to participate actively in order to properly represent the needs of the participants. AMUJIA Board members meet at least four times a year and are reimbursed for approved travel and related expenses. If you are interested in contributing your time and expertise to this exciting AML program, or know someone who is, please review the enclosed information and complete and return the AMUJIA Board of Trustee Declaration of Interest form by July 24, 1992, to the address noted above. Enclosures d:\bot92\botvac Member of the National League of Cities and the National Association of Counties Alaska Municipal League Joint Insurance Association, Inc. Board of Trustees DECLARATION OF INTEREST FORM Full Name: Title: Municipality/Organization: Mailing Address: Phone _ (w) (h) FAX I am interested in serving on AML/JIA Board of Trustees and request that my name be placed in consideration for appointment to the AML/JIA Board. My areas of expertise or special interests are: [ ] Claims Administration [) Safety/Loss Control [ ] Underwriting/Coverages [ ] Finance [ ] Law [ ] Other explain I declare that I will serve and participate actively on the Baord if appointed. Signature of Applicant If Applicable: On behalf of the municipality/school district/organization, I am authorized to commit support* of the above individual's active participation on the Alaska Municipal League Joint Insurance Association Board of Trustees. Authorized ignature Rame *The AML/JIA reimburses Board members for approved travel and related costs. NOTE: If you are not appointed to the AML/JIA Board of Trustees, are you interested in serving on an AML/JIA committee? [ ] yes [ ] no d:\bot92\botvac BIOGRAPHICAL SKETCH FULL NAME MUNICIPALITY/SCHOOL DISTRICT/ORGANIZATION POSITION HELD NO. OF YRS. NAME OF SPOUSE (if applicable) PREVIOUS MUNICIPAL/SCHOOL DISTRICT POSITIONS HELD AND NO. OF YRS. PREVIOUS EXPERIENCE APPLICABLE TO THE AMUJIA OR INSURANCE Please return this ormFy July 24, , o t e AMLIJIA Office at 217 Second Street, Suite 200, Juneau, Alaska 99801. d:\bot92/botvac July 1,1992 program may be canceled in accordance with the applicable insurance policy and Cooperative Participation Agreement. ARTICLE 6 - BOARD OF TRUSTEES Section 1 - Function The Association shall be governed by a Board of Trustees. The Trustees shall operate the Association and administer the joint insurance arrangement on behalf of the Participants pursuant to these bylaws and shall be composed of the number of trustees appointed in the manner hereinafter set out, and shall have the functions powers, and duties hereinafter set forth. Section 2 - Membership (a) An interim Board of Trustees of nine (9) members shall be appointed by the AML Board of Directors to govern the formation of the Association and its operation until the AML Board of Directors appoints the first Board of Trustees in accordance with subsection (b) of this section. (b) The first Board of Trustees shall be appointed by the AML Board of Directors for the following terms: Two members shall serve a one-year term; Three members shall serve a two-year term; Two members shall serve a three-year term. The first appointed Trustees shall meet the qualifications set forth in subsection (c) of this section. After the expiration of the terms of the first Trustees, the successors shall serve for the terms specified in subsection (c). The Executive Director of the AML shall serve as an ex-officio, nonvoting initial Trustee for a terra concurrent with his or her tenure as the AML Executive Director. (c) After the expiration of the term of the initial Board of Trustees, the Board of Trustees will consist of seven (7) members appointed by the AML Board of Directors for two-year staggered terms. Each -trustee shall hold office until the annual meeting at which his or her successor is appointed. The Trustees will consist of the following: (1,� Two (2) AML Board members; and (2) five (5) individuals, including appointed or elected officials from local public agencies appointed for their expertise in insurance, finance AML JOINT INSURANCE ASSOCIATION BYLAWS Page -6- 10/29/90 administration, risk management, law, or other areas of expertise deemed appropriate by the AML Board. (d) The Executive Director of the AML shall serve as an ex-officio, nonvoting member of the Board of Trustees for a term concurrent with his or her tenure as the AML Executive Director. (e) Not fewer than four (4) members of the Board of Trustees shall be representatives of Participants. Consideration shall be given to geographic and population distribution when Trustees are appointed. (f) Individuals interested in serving on the Board of Trustees must submit a completed application in a form approved by the Trustees not less than ninety (90) days before the annual meeting. Section 3 - Officers of the Association (a) Chairman and Vice Chairman. The Trustees shall elect a Chairman and Vice Chairman of the Association at its first meeting, each to hold office for a one- year term and until a successor is elected. Thereafter at the annual meeting of each succeeding calendar year, the Trustees shall elect or re-elect the Chairman and Vice Chairman for the ensuing year. In the event the Chairman or Vice Chairman so elected ceases to be a member of the Board of Trustees, the resulting vacancy in the office of Chairman or Vice Chairman shall be filled at the next regular or special meeting of the Trustees held after such vacancy occurs. In the absence or inability of the Chairman to act, the Vice Chairman shall act as Chairman. The Chairman, or in his or her absence, the Vice Chairman, shall preside at and conduct all meetings of the Trustees and shall be a member and the Chairman of the Executive Committee. (b) Administrator. The Administrator shall have the general administrative responsibility for the activities of the ,Joint Insurance Arrangement and shall retain all necessary employees thereof. The Administrator need not be a member of the Board of Trustees. (c) Treasurer. The Treasurer shall be appointed by the Trustees and shall be a person other than the Administrator and shall not be a member of the Board of Trustees. The duties of the Treasurer are set forth in the Cooperative Participation Agreement. AML JOINT INSURANCE ASSOCIATION BYLAWS Page -7- 10/29/90 ALASKA MUNICIPAL LEAGUE JOINT INSURANCE ASSOCIATION, INC. BOARD OF TRUSTEES Exp. Date Joe Evans, Trustee -at -Large, Anchorage Nov. 1993 Richard L. Underkofler, Chair, City of Soldotna Nov. 1992 Kent E. Swisher, Trustee, AML Executive Director Ex officio George W. Carte', Vice -Chair, AML Board, Palmer Nov. 1992 Norm Levesque, Trustee, AML Board, Mat -Su Nov. 1993 Rick Gifford, Trustee, City of Seward Nov. 1992 r Nancy Cannington, Trustee, City of Unalakleet Nov. 1993 Steve Bainbridge, Trustee, City of Nenana Nov. 1992 c� �897071�?� �U y� . -> Received -' Cty of Kenai Public works Debt Page ESTIMATE N final CITY OF KENAI Project Tradincr_Bay Road/Granite. Point Street Contractor 1 ac;lca Roadbuilders Address _449 6 agidgeway Road S n l c 3 (j.i.n i, AK 9 _`3 0_.6_IL— Phone (g07i�t;2-9.140 Project No. Period From b/9/92 to -//3/ 92 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE C� Original contract amount 390,099,72' !) Net change by change orders -0- C) Adjusted contract amount to date 390,099.72 C) C6) C) —1 t) C) 0 p ANALY:7IS OF WORK COMPLETED I Original con-.ract work c:::ompleted Additions from change orders completed Materials stored at close of period Total earned(" 4 0+ Ci Less retaina[c cl- _ 2%_ percent Tot,il earned Less rct,tin,is;cC)- 3 Less ainotliit ( previous ();l)'II elits BJIa silcc clue t)lis pavmcrit 388,848.17 1/ -0- -0- 388,848.17' 7,776.96 381,071.21 379,130.81 �,940.40 The T.Iouchstor I I Volume 2, No. 1 A Newsletter of the Alaska Municipal League July 1992 1 AML Names New Executive Director Kent. E. Swisher, of Olympia, Washing- ton, began -work as the new Executive Director of the Alaska Municipal League (AML) on July 1. Swisher previously served as Executive Director of the Association of Washington Citiesand brings over20 years of experience in municipal association management to his new position at the League NAL President Willie Goodwin of Kot- ze!aue, in announcing Swisher's appoint- ment, said, "Mr. Swisher's knowledge and experience in lobbying, budgeting, and m� nagement,combinedwiththeLeague's strain- organizational base, should enable r1A1(- and its municipal members to grow even stronger as we face the challenges of the 1990's.The BoardvoteduIianimously D,)f'erihe iob to Kent, and we are (coking foravr�rd to working with him " am delighted to be joinini_, the Alaska Mt nicipal League as Executivfr Director," said .3wisher. "The League enjo✓s an excel- lent reputation as an organisation that does many things and does thernwell. The staff is a team of well -qualified profession- als and I look forward to joining them in sen-ice to Alaska's local goverrimerits. In This Issue ■ Burgess Honored Page 3 ■ Wins and Losses in 1992 Session Page 3 ■ Pollution Prevention Reh()rt Released Page 4 ■ C)SHA Regulations Page S Lxcellence in Local Covernment Awards Page 10 hope my experience will enable me to make a positive contribution to the League's work and to its future develop- ment." As Executive Director of the Association of Washington Cities (AWC), Swisher di- rected the association's growth from a limited program agency into a larger, full - service organization providing a diverse array of services, training, and advocacy programs to Washingtons 268 cities and towns. Major programs included training, technical assistance, and medical, liability and property insurance services. He ob- tained state and federallyfuncled contracts and grants for the various service pro- grarns. AWC attained 100 pe cent mem- bership and earned the solid strpport of its members and a reputation for excellence in all its activities. Swisher was also active (continued on back page) AML Executive Director Kent E. Swi 1 her AML Offers New Investment Opportunity t-)n June 15, Governor Walter Hickel signed SB 374, legislation to authorize the formation of public entity invest- ment pools, a 1992 legislative priority of the Alaska Municipal League (AML). By mid -fall, the AML Investment Pool will be offering this new investment oppor- tunity, a program created specifically for Alaska's municipalities, school districts, and other public entities. Once program development and le- gal requirements are completed, the AMI, Investnent Fool will open for busi- ne,:;s, offering municipalities a chance for soc(ire investments with a h gh rate of ret jrn ind same -day access )y pooling their excess funds. The inve<tment ob- iecrives of the pool will be, in priority order, preservation of capital, liquidity, and a high rate of return. The AML Investment Pool, which will be a separate corporation under the umbrella of AML, will contract with a professional financial management it m and an Alaskan custodian bank to r in the program. AML will provide mar;:t ingsupport and general oversight FioiA ity Investments Institutional Servi, es Company has been working with A*.1L to develop a program that will al w Alaskan public entities access to its Fif h..�f- ity Investments Institutional Cash 1', �:t- foliosthrough the�tititl Invt�stment Pf �fl. Creation of the AvtL Investment F of is the result of over t�ao ye;us of wort ry the A,ti,U Investment Pool Committ >, (continued or1 back fm: ) Officers Willie Goodwin, Jr., President Council Member, City of Kotzebue Rosalee T. Walker, First % ce President Assembly Member, City and bor;u,•h of 1Ur1C aJ Hank Hove, Second ',ice Presiderif 1wemhly N1cmly_,r, i'airi:anl,s h,rl, star borough Jerome M. Selbv, Immediate Pas" President ;Is.�r, Aocii�i: Isr,�n1ls mush Directors lvassir Ba11uta, Sr. ,,5$, ml>ly hfcmbcr, lake & Peninsula Borough Mark Begich A scmbly Member, Municipality ofAnchorage J.C. Conley Assembly Member, Ketchikan Gateway Borough Betty Glick 4sembry Member, Kenai Peninsula Borough Robert Knight Mayor, City of Nenana Jinn Kubitz Assemble Member, Municipality offvichorage Norm Levesque. Assembly Member Matanuska-SusiUia Borough Donald Long Mayer r, City of &arrow Jamic Parsons Mayor, City and Borough of Juneau Susan Peter Council Member., City of Fort Yukon Lowell Purcell Coun%il Member City of Fairbanks George Carte', Fast President Mayor, City cf Pafiner !-leather Flynn, Past President Assembly Membc,r, Municipality of Anchorage Dorothy Jones, Past President Assembly Member, Matanuska-Susitna Borough Dao Keck, Past President Mal"Or, City and Borough of Sitka Delbert Rexford, Past President Assembly Member, North Slope Borough Paul Ft. Grogan Alaska Municipal Attorneys Association Jeanne Donald AJaska Association of Municipal Clerk Tom Heafy Alaska Municipal Management Association Staff Kent 1. Swisher fxexuuve Director Chrystal Stillings Smith Dire:ac�r of Member Services Julie Krafft Staff & ociate Jeanne Mc Roberts Admin,strative Assistant Dayie r)apcevich Sccrrta y Board Meetings Set The A,titL Board of Directors will have its fist opportunity to meet with the new A\1L Executive Director, Kent E. Swisher, a' :1 special meeting on July 18 in Anchor - The focus of the meeting will be on gettingacquainted with Swisher, exchang- ing ideas about potential new directions, and esta blish ing general goals for the League fcr the upcoming year. In addition, the f3oard will hear a report from the Invest- rnent Pool Committee and consider a reso- lution authorizing establishment of the Alaska Municipal League Investment Pool, Inc. The meeting will be held at the Anchorage Municipal Building, beginning at 10:00 a.m. Kotzebue will host the annual fall meet - Pig of the AML Board September 11-12 in Kctzebue. At that time the Board will adopt the Fe 93 work plan and budget, review conference plans, and continue its discussion of the League's future. ["or more information on the Board meetings, call AML at 586-1:125. Bids Sought for 1993 Conference Member municipalities interested in hostingthe 43 rd Annual Local Govern- ment Conference, to be held in No- vernber 1993, are encouraged to con- tactAhlL for information about require- ments. Bids to host the 1993 meeting will be reviewed bytheBoard of Direc- tors during its September meeting in Kotzebue. 'Fhe Touchstone ACoM, Legislative Committee to Meet in Kenai The Alaska Conference of Mayors (ACoM) and the LegislativeSteerin; Com- mittee will both be meeting in Kenai ir, late)uly. ACoM will begin its meeting at 1:00 p.m. on Wednesday, July29 atthe Kenai City Hall. On Thursday, July 30, the two gfoups will meet together in the morning for a general overview of AML's legislative process and program, a discussion of potential new approaches to ensu re leg- islative effectiveness, and a reporttin the Task Force on Governmental Roles, Kent Swisher, new AML Executive Director,, will participate in this session. The Legislative Steering Committee will continue to meet the rest of I hurs- day and Friday to draft the 1993 Policy Statement and develop recommenda- tions on overall AML legislative policy, All members of the Legislative Commit. tee are invited to attend the meeting. For more information on these it~.eet- ings, call AML at 586-1325. The Touchstone is published rrronthly from July through December by the Alaska Municipal League, 217 Second Street, Suite 200, Juneau, Alaska 99801, 907-586-7325, When the Alaska State Legislature is in session, The Touchstone is replaced by the AML Legislat,ve Bulletin. One copy of each of these publications is sent free to member municipalities aid additional copies are available to members at a cost of $35 per subscription to the sage address. Additional copies to rather addresses are available to members at a cost of $50 f er subscription. Non-members may subscribe to The Touchstone only for $20 per year. Advertising space is available at $4.50 per column inch, and discounts are available t members and for contracts of a year or longer. Listings of job opportunities in Akfl. member municipalities are published free of charge is a membership service. Page 2 ,M1L Touchstone ■ July 1992 1992 Legislative Wins and Losses When the Second Session of the 1 7th Alaska Legislature ended Just after mid- night Tuesday, May 12 (or was it Wednes- day, May 13, by then --it is someti mes hard to tell about legislative time), the Alaska Municipal League and its members could count up several wins, and some losses. How was the 1993 session for munici- palities? AML achieved some of its goals - - notably passage of legislation to autho- rize formation of a public entity invest- ment pool, an increase in the authorized funding level foreducation and resolution of the teachers pension funding issue, and fuil funding for school debt retirement. The Leaguewas moresuccessful than in most years in getting tax issues discussed, in particular, the senior citizens property tax exemption and the motor vehicle reg- istration tax, although it did not win on either issue. AMLdid Lake ainactive role, in the development and passage of the port authorities and municipal fiscal note legis- lation and successfully opposed a variety of bills that would have plat fed additional Mandates on municipalities Unfortunately, other efforts wer e not as successful. Funding for Municipal Assis- .ance and State Revenue Sharing was cut tgain -- 8 percent this time -- and funds for id eq uate levels of school construct) on were plat appropriated. This year will be re- garded by some as the year legislators !,tarted to cut state government, )ut mu- nicipalities have been "giving at the office" for years and cuts to programs of municipal aid continued to be disproportionate. As The Touchstone went to press, the Governor had signed a number cf AML's bills, but not yet acted on any of the lundingissues. Asa result, as rnostmunici- p,)htics begin their new fiscal year, they, once again, face an uncertain situation sv"th regard to state funding Since the legislatively app,oved level of funding for Municipal Assistz{nceand Rev- er.t.te Sharing;was belowCov«zrnor Nickel's r equested level, and funding for the senior c rt cns"disabled veterans property tax rlkl,n,';on 'he same as re,�uestod, It is r'�cni��•ucd ih,�t the funding l,wels appro- i tLc le islature (b c,rcent below for VLMiCtpal Assist,- n<-e and Rev- ' �`iaral.; and the Samc° i pprooriation Wontinuc (l on n.-)ge r' ) Former Executive Director Scott A. -,.� Award at his farewell banquet on h.-i: - .;•t ;,,_ _ - offers her congratulations. Burgess Receives Outs - and -ME Contribution Award The Board of Directors of the Faa; �•� �� _ Outstanding Contribution Awarc t_ 3= Director of the League on May The Board noted thatas 1984 to 1992, Scott serves as a s: ;-... leader of the association, and a tno:rrru =:--_- exemplified the purpose of the individuals who have made a t L;,. municipal governments statewioe r-oj.- The Board noted that during scor;D,�;:,,L-: .r association gained in credibility tion, expanded its programs and sAr►r — __._..,� three to a staff of nine. In his early days at the League, to rewrite Title 29, the Municipal municipal leaders to gain passage ty _z_ —�-` , League became a respected force r ==_ contacts with state government ate:-_ - Scott was instrumental in forr-,a.;::- Insurance Association a risk rna;� coverage for municipal governnier of Trustees and as its Executive D--7= developed the program to form a -- begin operation this year. Eu - - ___ __ interests and was also recorn:z- - Alaskan local government. inter-_ 1heOutstandingContribu •D7 - --- 29, 1992, at his farewell banau= -'-"I touchstone ■ July 1972 Pollution Prevention Report Released In early June, the Alaska Municipal I e ague (AML) submitted the final report of the Municipal Pollution Prevention Roundtable totheAlaska Departmentof f nvironmental Conservation (ADEC). The final Report: Recommendations, ,',gendas, and Minutes, FY 91-FY 92 is r ow published and available to munici- f;aiities from either AML or ADEC. The report is primarily a compilation cf extensive minutes from each ofthesix meetings held in 1991 and early 1992. Meetingsofthe Municipal Pollution Pre- vention Roundtable featured pollution prevention experts from Alaska, Wash- ington, Oregon, and California on such topics as pollution prevention possibili- ti�n in Alaska, recycling in Alaska, trans- portation of recyclables and waste in Alaska, wager issues facing Alaska's mu- mcipaiities, economic development op- porturities for waste, solid and hazard- ous waste in the bush, impact of Clean A rAct Amendments of 1990 on Alaska's municipalities, petroleum storagetanks, the Green Star Program, and much more. The purpose of the roundtablewas to offer practical, applicable training for Alaska's local government officials in pollution prevention techniques and to sere ds a forum for the exchange of information about pollution prevention methods that work in Alaska. The roundtable was a cooperative effort of AML and ADEC made possible through a contract between ADEC's Pollution Pre- vention Office and the League. Representatives of Alaska municipali- ties, selected from applications submitted to theAML, were the original members of the Municipal Pollution Prevention Roundtable. Membership expanded to include representatives of other munici- palities, private sector interests, nonprofit organizations, and federal agencies. As measured by participant response and meeting agency objectives, the Mu- nicipal Pollution Prevention Roundtable was judged a success. AML and ADEC are currently discussing a proposal to fund the roundtable for another year. Copies of the reportwill be mailed to the participants. If you did not participate in the roundtable sessions but would like a copy of the report or more information on future meetings oftheMunicipal Pollution Prevention Roundtable, you can contact the Alaska Municipal League at 586-1325 or David Wigglesworth, Chief, Pollution Prevention Office, Department of Envi- ronmental Conservation, 410 Willoughby Avenue, Suite 105, telephone 465-5275. Alaska Municipal Clerks Institute Hickel Names Two to Local Boundary Commission Governor Walter J. Hickel has j nade i two appointments to the Local Bound- aryCommission. The new appoi,tees are Darroll Hargraves of Ketchika i and Frances E. Hallgren of Sitka. Hargraves, a former Ketchikan Gate- way Borough school superinten lent, has been appointed to the member - at -large seat, which also serves as the commission's chair. He had served on the commission as representativcr of the First Judicial District since 1v1z,rch 1991. His term will expire Januar, 31, 1997. Frances Hallgren will be reel. c ing Hargraves in the First Judicial Dis i ict. She is a legal secretary and has taught music and been active in Sitka cc}m- munitytheater. Her term will expire January 31, 1996. The five -member commission i . re- sponsible for reviewing petitions f �om local governments for incorporar, on and other changes in local gov?rn- meet boundaries and forwarding she proposals to the legislature for its .ip- I proval. In addition, the Local Bor =id- ary Commission prepares studie , of local government boundary problE PIS. The group develops proposed s .+n- dards for changing boundary lines, ex- tension of local services, and c i- na nces. The annual Alaska Municipa' Cleric institute, held in Fairbanks in March, drew nearly 50 active and involved clerks from all cc; ner, of, he state. The Municipal ( rerks institute, geld each spring, is sponsored by the Alaska Municipal League, the University ofA.,ska. ar)d tine Alasi:a Association of 19unicipal Clerks. it offers both novice and experienced clerks an opportunity to learn more about heir profession a,id to sharpen their sklls. 1'a�e 4 AML Touchstone ■ July 1992 OSHA Regulations Deadlines Approach Federal deadlines have been set and enforcement provisions estab- lished for employers nationwide to complywith newoccupational Safety and Health Administration (OSHA) standardswhich protect workers from infection with the AIDS virus, Hepa- titis 13, and other bloodborne dis- eases. Failure to comply with the deadlines and the provisions of the bloodborne pathogensstandard could cost municipalities up to $70,000 for each offense. .Alaska and other stateswith OSHA - approved plans are required toadopt a stardard comparable, to the federal one within six months.:. To comply with this new standard, employers must establish and maintain a written exposure control plan, identifywork- ers with occupatiori.:l exposure to blood and other potentially infec- tious material, and spsrcify the means to protect and train them. The plan must be accessible to employees and available to OSHA. OSHA requires appropriate warn- ing labels and training to alertworkers to th,� risks posed by bloodborne pathogens. Employers must keep records of exposure incidents, steps and procedures followed after expo- sure, Hepatitis B vaccinations, and employee training. T he standard calls for medical records to be kept for each employee with occupational ex- posure for the duratir:cn of employ- ment plus 30 years. Alaska OSHA standards will be signed by Lt. Governor Coghill soon, and a July 1,1992, deadline has been set to complete exposure control plans, conduct employee informa- tion ;and training, ;:and establish recordkeeping procedures. Alaska municipalities are required to comply with r(quirementsforer.gineeringand work practice controls; personal pro- tective equipment, housekeeping, labels and signs, Hepatitis B vaccina- tion, and other issues covered by the standard no later than early summer. The standard covers all employees who could reasonably be expected to come in contact with blood and other potentially infectious materials as a re- sultof perlormingtheirjobs. Municipal occupations in which exposures may occur include emergency responders, correctional officers, and law enforce- ment personnel. The new standard requires engineer- ing controls such as puncture -resistant containers for used needles, work prac- tices such as hand washing to reduce contamination, and personal protec- tive equipment such as gowns and gloves to be provided by the employer at no cost to the employee. Employee training is also required and is to be conducted by a knowledgeable trainer. (raining records must be maintained f ccr three years. The standard requires employers to offer, attheir expense, voluntary Hepa- titis B vaccinations to all employees with occupational exposure and pre- scribes appropriate medical follow up and counseling after an ex-)osure inci- dent. Employees who choose not to accept the vaccine must sign a declina- tion form, but may be vaccinated at a later date if they change their minds. In the future, if booster doses are recom- mended by the U.S. Public Health Ser- vice, employers must offer them to employees. The Hepatitis B vaccination require- ment,, a ser ies of three shots, may prove to be especially difficult for smaller, remote corn munitieswhere healthcare optionsarelimited. Nevertheless,small communities will need to comply. The final federal regulations and ex- planations are published in the De - (ember 6, 1991, Federal Register. For more information on the requirements grid deadlines of the standard, call Alaska OSHA in Juneau at 465-4855. What's New in the AML Library? The Alaska Municipal Leaguer ijintains a library of current publications relevant to the policies and operation: of the Leagueand member rnunicipalities.AML receives new materials weekly. 11you are interested in checking out onr4of our publications, all you need todo !:call cur office at 586-1325. Here is a s imple of some of our new books: Solid Waste Issues and Answers (R. W. Beck and Associates) Building Early Childhood Systems: A Resource Handbook (Jule Sugarman) Citizens and Politics: A View from Main Street America (Keetering Foundation) Doing More with Less: Recreation Partnerships for the 1990s (Alaska Department of Natural Resources) Alaska Employment and Earnings Report 1990-91 (Alaska Department of Labor) Exxon Valdez Oil Spill Restoration, Vol. 1 & 2 (Exxon Valdez Oil Spill Trustee�a;c Not in My Back Yard (U.S. Department of Housing a>ad Urban Development) Characteristics of Federal Grant -in - Aid Programs to State and Local Governments: Grants Funded FY 1991 (Advisory Commission on Intergovernmental Relations) Send in your nominations for the Excellence iri Local Government Awards! (see enclosed flyer) k,ML Touchstone ■ July 1992 Pale 5 WINS and Losses (continued from page 3) level as FY 92 for the property tax exemp- ton program) will hold. Governor Hickel has signed SB 1, which authorized an increase in the f unding level for the education foundation formula to S61,000per instructional unit, but has not niade a public statement on 1113 25, which appropriated fundingat this level as well as fall funding for school construction debt reimbursement. It is possible that he may let the education funding nieasure be- c roe law without his signature, as he did last year. Budget cuts that will affect municipali- ties, directly as well as indirectly, are not limited to cuts in AML's targeted priorities. They include cutbacks in the level of fund- irg for road maintenance, corrections fa- ci'ities and state troopers, VPSC7 programs, DCRA's local government specialists and other programs of support for local gov- ernments, and a host of other programs. Municipal officials need to make it very cl gar to their citizens that legislators are directly responsible for increased local taxes ar d reductions in services. l heir unwill- ingness to let decisions about Focal issues be made locally, for instance on property to c exemptions, places a burden on every to<pay(?r. Their willingness to cut pro- gr.rrns 4 municipal support and their un- willingness tc fund even those programs the?y mandate reduce funds available for 'basic services Significant achievements of the 1992 session for AML: -Increase in authorized instructional unit value for education (SB 1) - bill signed, effective July 1, 1992. Full funding of foundation formula at in creased unit value (HB 25) - waiting for Gi)rerrror's approval FcII funding of school construction debt reimbursement (HB 25) - waiting for C�avernor's approval -investment pool authorization (SB 374) N1 signed, effective June 15, 1992 (see re'Ved article, page 11 -Recluinng municipal fiscal notes (S6 301) -bill signed -Establishing state pension investment board (SB 329) - bill signed -Making permanent the exemption from m unicipal taxation ofin-place resources (SB 330) - bill signed -Clarifying definitions in fisheries tax re- fund program (SB 284) - bill signed -Authorizing establishment of port au- thorities (SB 352) - bill signed, effective June 19, 1992 -Allowing municipalities affected by oil spill to get fisheries tax refunds when suit settled ('38 240) - bill signed -Defeat of several bills, including HB 523, allowing adjustments in public contracts when wage rates change; HB 551, mandatory prosecution powers; SB 538, heart/lung presurnptionfor firefighters'vrorkers'compersation in- surance. Significant defeats in 1992 for AML Further cuts in Municipal Assistance and Revenue Sharing: With the 8 percent cuts in these programs for FY 9.3, Municipal Assistance has been cut over 47 percent and Revenue Sharing over 41 percent since FY 85! -1nsufficientfundingfor school construc- tion: Once again the legislature failed to appropriate more than a small frac- tion of the amount needed for new school construction. Efforts to develop asc!)ool construction bonding proposal faik cl, and only seven of eighteen Pri- .xiry 1 projects were funded by the iegi,lature. -No increase in municipal motor vehicle registration tax (HB 309): Legislation to increase the schedule adopted for the :sate -collected municipal motcrvehicle registration tax in 1978 failed. Other issues of concern to AM L mem- bers: -Senior citizens/disabled veterans prop- erty tax exemption program: r\ML, on behalf of the municipal taxpayc is who are forced to pick up more than / 7 per- cent of the cost of this prograrr, mad, some progress toward relief fro rn the costlystate mandate, butcouldn't muster enough support in an election y(ar. -Matching grant requirements: The legis- lature stated its intent to require munici- palities to match discretionary capital grants, in spite of the fact that SB 141, Governor Hickel's matching gra~t pro- posal, did not pass. The adminLtration has proposed applying theSB141 criteria and is gathering information on hoer loci! governments plan to provide matches. Administration officials say this informa- tion is only part of what will be t onsid- ered as the Governor decides on vetoes to the capital budget. Some munJpali ties havechallenged the administration's authorityto impose matchinggrayt crite. ria. -Public utility regulatory cost charg : HB 596, which imposed a variety of user fees to support state government operations, imposes a public utility regulatory cost charge to cover the operating costs :)f the Alaska Public Utility Commission. f, regu- lated utility will be required to pay up to .61 percent of gross revenue. An e <empt utility (one required to becertificatc � i, but exempt from regulation) will be required to pay the actual cost of any sc ivices provided to it by the commission. l is was signed by Governor Hickel on Jun,- 22. Many other bills affecting municipalities were passed by the Second Session;, if the 17th Legislature, and many others ,vere defeated. Summaries of passed legis.°.ition will be published in a future edition, ;f The Touchstone. For more informatic n on legislation, contact your Legislative I ifor- mation Office. ■r■•■•■•■■■■■r■■■■w■■ Plan Ahead for AML's 42nd ■ Annual Local ■ Government Conference ■ Week ■ November 8-14 in Juneau Page 0 AML Touchstone ■ July 1992 Keeping in touch... Kenai Named All -America City Kenai, Alaska: Ten cities, including Kenai, Alaska,were honored with an All - America City Award on June 6, 1992, in Charlotte, N.C. The awards were given by the National Civic League and Allstate Foundation for innovative problem - solving in their communities. Kenai had emphasized three local programs: construction of congregate housing for seniors, ,programs for Kenais Womens Resource and Crisis Center, and development of the Kenai Bicentennial Visitors and Cultural Center.` Other cities honored were Little' Rock, 'Arkansas; Delta, Colorado; Rockford, Illinois; Kansas City -Wyandotte County, Kansas; Billings, Montana; Jacksonville, N.C.; Minot, N.D.; Columbus,' Ohio; and Harlingen, Texas. Congratulations to this fine community. Unalaska/Dutch Harbor Celebrates 50th Anniversary of Bombing . Unalaska%Dutch Harbor;,Veteransof the Aleutian Ilslands"Forgotten War" and the hundreds of Aleut citizens displaced by that war were remembered June and 4 when the City of Unalaska marked the 50th anniversary of the 1942 bombing attack by the Japanese. More than 30 people were killed in the two-day attack and hundreds more Americans were killed in later at Kiska and Attu ' Nearly880 people attended the commemoration ceremonies on June 4 in the Unalaska Memorial Park. 'A reception followed the ceremonies and Unalaska MayorFrank KelryintrOdUcedthe re:urningmilitarymen and Aleuts who were part of the relocation. Tour. %verc concluctcd to many of the World War 11 sites and the modern fish processing plants. The Alaska Municipal League is interested in publishing local happenings from your area, including your a ccornplishments, innovative approaches to problem solving, or activities taking place in yorrr community, Please let us know what is going on where you live by calling our office at 586-7325 or sending a fax to 463-5480. New Faces at AML Julie Krafft has been hired to replace Kevin Smith as Staff Asociate forAML programs. Julie was formerly ernployedas a leoislatiti e asssistant to S,�nator Sam Cotten. Local Government Investment Pools Explained The Alaska Municipal League Inv(nt ment Pool, scheduled to begin operation in the fall, will provide municipalities ant? other public entities with new investment. opportunities. Similar pools exist in man,, states around the country. Specifics on how the Alaska pool will operate will be available later this summer. The following questions/answers give some: general background on pools: What is a local government investment pool? A local government investment pool is a financial intermediary i.)etween local governments and the final invest ment made by a pool on beh:; if of its participants. Pools are tailore a to the needs of local governments andspecialize solely in servicing them. Wherr a fecal government invests in a pool, it ;n effect buys shares of the total pool. Mo i ies from a participating entity are pooled for pur- poses of investment, but accounted for separately. Pools, therefore, are milar to money market funds. Who can participate? Municipai.tiesand their subdivisions, school districts regional educational attendance areas, an I organi- zations composed of political suLdivisions of the state will be able to particip ate in the AML Investment Pool. Partici;.ation is (continued of page 9) The friendly voice on the telephone is our new secrorary for AML, Dayle Dapcevich. Dayle is a native of Southey r Alaska and has recently returned from the Seattle area. A%IL Touchstone ■ July 1992 Page 7 Permit Application Workshops for Storm Water Discharges TI e U. S. Environmental Protection Agency's (EPA) Office of Wastewater En- forcement and Compliance and EPA Re- gion X are hosting two workshops on the NPE)ES storm water permitting require- ments, The first workshop will be July 13-14, 1992, atthe Red Lion Hotel SeaTac in the Seattle area. This two-dayworkshop will provide an overview of the NPDES storm water program requirements for dis- charges from municipal storm water sys- tem!, and industrial sources. This work- shop is open to municipalities, industries, and :state regulators within EPA Region X. The second workshop will be July 16, 199, at the Holiday Inn in Boise,. Idaho. This one -day workshop will provide an overview of the NPDES storm water re- quiremenu for discharges of storm water associated with industrial activity. In ad- dition, EPA will be holding workshops in the Anchorage and Spokane areas later this !�umnter. The dates and places have not yet been finalized. There is ro cost to attend the workshops. Registration and agenda information is available by calling the Storm Water Hotline at (703) 82.1- 482'1 or Jeanette Carriveau, EPA% Region X (206) 553-1214. JUST A REMINDER... The Alaska Municipal League has several informative publications on hand which may be of use in your community. Available are: Municipal Officials Directory Catalog of State Programs for Municipalities Municipal Salary Survey Municipal Clerks Handbook Elected Officials Handbook Call our office for prices. >8G-1325 Another Member Service from AMC -- Need some information on Want a good resource on Y? Or wonder what' municipalities'in other states do about 2? AML may be the place to come for an answer. AML not only maintains its own reference library of publications, but, as a member of both the National League of Cities and the National Association of Counties, has access tc their libraries and to nationwide databases of information on the operation of local governments. AML is also a member of the International City/County Management Association, an important source of valuable information on municipal management issues. AML members can gain access to these resources, as well as to the AML lending library and information files, by calling AML at 586-1325. Infor- mation and research are.just two of AML's member services -- remember that the Teague exists to serve you, its members. Alaska Municipal Code Services ❑ Ordinance Codification & Supplementation ❑ Personnel Manuals l] Administrative Rules ❑ Charter Pamphlets ❑ Land Use Regulations Alaska Experience Quality and Accuracy Prompt Service Competitive Pricing PERKJ 1 V J WIE 1029 West Third Avenue, Suite 300 Anchorage, Alaska 99501 (907) 279-8561 Contact: Cordon J Tans W7 Page 8 AML Touchstone ■ July 1992 Investment Pool (Continued from page 7) voluntary, anti once an ordinance autho- rizmg participation has been passed, mem- ,e-s may invest any amount at any time. How will a municipality invest? A public entity that wants to participate in the AML Investment Pool will have to pass an ordi- nance(for municipalities) or resolution (for otFrers) authorizing participation. After that, it will be a member and can invest by a vJie transfer to the custodian bank. How much does the municipality have to invest and for how long? Local government investment pools, unlike banks and other intermediaries, permit partici- pants to select almost any denomination for their inve:.tment. They also permit participating governments tc tailor the maturity of eac h dollar invested in the pool to their own crash flow needs by providing dai',yliquidity,for almost any do! i aramount. Withdrawals are permitted ar any time, although some pools request a day's no- tice for large %withdrawals. Who will run the AML Investment Pool? Thr! ,AA-1L Investment Pool will be a sepa- , ate corporation organized under the um- brella of the League. It will be governed by a Board of Directors chosen by the AML Bo,ird of Directors and the pool members. Tho corporation will contract with ;in in- ves,_ment adviser, who will manage the por�l� and with AML for services such as promotion, general oversight, and use of the Leak;ue's name and mailrn ; lists The A,%,.L Investment Pool will contract with Fid?hty Investments Institutional Services Company to serve as investrn,mt adviser ant manage the pool. Fidelity will, in the nerr future, select an Alaskan bank to serve as custodian for fund transfers. What are the benefits of local govern- ment investment pools? Professional management - the pooling of fjr�ds allow,, the employment of a full- t,rnll�,prctessionallytrained investmentstaff. Portfolio Diversification - Pools invest in instrumentswhich local governments may let h:wt, access to because of irrsuff cient cas,i balances )r lack of experise. Improved Liquidity - Participants have daily access to their funds, which reduces the need to maintain large non -interest bearing cash accounts. Greater Convenience and Flexibility - Pool investments can generally be made in any amount, while short-term securities can be purchased only in specified de- nominations. This is particularly advanta- geous for small governments. Economies of Scale - Pools can reduce transactions costs for each participant. ,Administrative Costs - No appropriations are required to operate pooli, since ad- ministrative costs are deducted from earn- ings. Increased Competition - In ,ome states the introduction of the pooling concept has led to increased competition among hanks and other financial intermediaries to serve local governments, which has benefited local governments. Additional Enhancements - Existing local government investment pools have added additional investment opportunities and Other services, including direct deposit of state aid payments. 42nd Annual Conference Week Set for Juneau The week of November 8-14, )92 promises to be one of the busies; an(a best ever for municipal officials and ;:lose interested in local government in A t,ska TheCityand Borough of Juneau wi'1 host the 42nd Annual AML Local Ge,ern- ment Conference Week, with ewenu, scheduled from Sunday through ,- itur day. The 42nd Annual Local Governi-ient Conference will open at 9:30 a.rri. or,. Wednesday, November 11, with a glen. eral session, and conclude with th An- nual Awards Banqueton Friday evc ring. I Also scheduled during the week aie thc' Newly Elected Officials Workshof: mu- nicipal association meetings, exl ibits, workshops and training sessions, pAicy development sessions, .AML elec ions, and a variety of opportunities to ,'care information and insights with ofi :ial:< from all corners of Alaska. Mark your calendars for Noveml:ir.rr b 14 and start making your plans to a tend the largest annual gathering of loc d of- ficials in Alaska. Conferenceregistr_ition materialswill bemailed laterthis m :nth. If you have not filled out your "i Jelp Plan Your Conference" form, plea ,e do so and mail it, today, to VAL so °our voice can be heard in the confewnce planning process. See you in November in Junear.! AML President Willie Goodwin, Jr., of the City of Kotzebue, watches while Alaska Governor Walter]. Hickel signs the public entity investment pool legislation, SB374. Passage ofSB 37-1 was a priority issue o(both the League and the Governor during the 1992 session. Alta- Touchstone ■ July 1992 1'age 11 Municipal Official and Employee of the Year The Alaska Municipal League's annual Excellence in Local Government Awards program is entering its fourth year. AML meml:)er municipalities are encouraged to nominate individuals for the Municipal Official of the Year Awards. Nominations are sought for both the Elected Municipal Official of the Year and the kunicipal EmplayeeoftheYear.Inadditior. munick pal ities may nominate candidates;`orAML's Outstanding Contribution Award. Recognition of hard-working Individu- als in your community by their peers is impo tant. In addition, having a winner from ,,,our municipality is good public r,la- tions. Please take some time this summer to evaluate your elected officials and mu- nicipal employee,sand nominatethefinest for these awards. A program flyer, including an applica- tion form, for the 1992 awards is included with this newsletter. Nominations., which must include a letter explaining why the person should receive the award must be recei%ed in the AML office by August 31, 1992 Fax copies are acceptable, Winners will receivean individual plaque to be awarded at the 1992 AMI Annual Local GovernmentConference it Novem- ber. 1 he names of the winners w it also be added to the permanent plaque in the AM L t office and theywill receive a write- up in the AM[_ Touchstone. Lase year, Doug Griffin, City Manager, City of Valdez, was recognized as Munici- pal Employee of the Year. Bill Walley, former Mayor of the City of Fairbanks, was posth Jrrtously awarded the Elected Offi- cial o the Year. Ginn, Chitwood and Dr. Clive Thomas, �vho ,ire known for their contribution,,s to the tr 3ining of local government officials, recei,,cd the Oiitstanding Contribution Awan i in 1991, and Scott Burges,, former Execs tr, e I)irect(,rof the Alaska municipal League, received that honor in April 19�)2. AML Policy Discussions Starts -- Contact Legislative Committee Now The AML Legislative Committee is startingwork on nextyear's legislative program ind needs your help. As League members know, promoting the interests of municipalities through the legislative program is a key activity of AML. The League's legislative program, including the summary of AML legislative priorities, the Municipal Platform, is based on the AML Policy Statement and resolutions, adopted by the membership at the Annual Local Government Conference. You can help in the development of the League's 1993 legislative program by tt:king some time now to review the 1992 Policy Statement and resolutions and, in addi-ion, legislation that was considered during the 1992 session. If you think AML should ch.tnge or expand its position on a particular issue, or if your municipality is facing issuer not addressed in the Policy Statement that are of general interest to Alaskan local go%i ments, please convey your concerns to members of the Steering Committee of the,i,ML Legislative Committee, who are listed below. AML Legislative Committee Doug Griffin, Chair, City of Valdez (835-4313) Subcommittee on Education and Local Government Powers Reginald Cleveland, Chair, Northwest Arctic Borough (437-2161) Michael Gatti, Co -Chair, Mat -Su Borough (745-9677) Gaye Vaughan, Co -Chair, Kenai Peninsula Borough (262-8607) Subcommittee on Land Use, Resources, and Economic Development Donna Fischer, Chair, City of Valdez (835-4437) Hank Bartos, Co -Chair, Fairbanks North Star Borough (488-8400) Scott Janke, Co -Chair, Bristol Bay Borough (246-4224) Subcommittee on Taxation and Finance Judi Slajer, Chair, Fairbanks North Star Borough (459-1370) Jack McFarland, Co -Chair, Kodiak Island Borough (486-3729) Alvin Hall, Co -Chair, Ketchikan Gateway Borough (228-6642) Subcommittee on Transportation, Utilities and Environment, and Public Safety Mike Milligan, Chair, Kodiak Island Borough (487-2686) George Davidson, Co -Chair, City and Borough of Juneau (789-7529) Duane Udland, Co -Chair, Municipality of Anchorage (786-8552) The Steering Committee of the Legislative Committee will be meeting)uly 30-31 it the City of Kenai to develop the first draft of the Policy Statement for 1993. That draft wii! be reviewed by the Board of Directors at its September meeting, and a proposed 1993 Policy Statement will be circulated to members in October. Discussion of the Statement and amendments to it, as well as of proposed resoluti :: ns, will take place during the Local Government Conference in November, and final pc icy positions will be adopted by members at the Annual Meeting. The Alaska Municipal League is a valuable and successful organization because you she members, arewhlling to participate in and support its activities. By working together we can be a strong voice for all of AMaska's communities. Thank you, in advance, for i, >ur contributions to the League's 1993 legislative program. Page 10 AML Touchstone ■ July 1992 Handbook for Local Government All local governments facer hard choices when making budget and other ^inancial rntnagernent decisions. In difficult eco- nornic times, it is more critical than ever to evaluate your local government's picture effectively :°+nd accurately. The Interna- t onal City/(.ounty Management Associa- tion 0CIvMA) is currently offering a hand- book called Evaluating Financial Condi- tion, which provides a flexible, easy -to- t. se system that helps you decide what s.eps you can take to strengthen your government's financial condition. T his comprehensive hand hookwill help you design the financial system best suited to your community's needs. To order contact: ICP.MA Distribution Center, P. O. Box 2011,AnnapolisJunction,MD 20701 cr phone 1-800-745-8780. The cost is $5 5.00. 1992 Innovation Awards Competition T he theme for the National League of Cities f NLC)1992 Innovation Awards Corn- pi.,tition is "Improving Service Delivery T'Irou,h Community Collaboration." Ap- p'ic, on formsarenowavailableandNLC invites direct member cities and towns to stAbrnit. applications. for the purpose of this competition, collaborative projects are those in which pmticipants share information}, alter activi- ties to achieve a common purpose, or sf are resources to create a for solution and/or structure through which a service is delivered. Participants in the collaborative process must be representatives of organizations frorn at least two of the following sectors: pt,bic, private, non-profit, and/or citizen. In addition, the collaborative process must hz-ve been place for at least a year prior to August 7, 1992. Applications for the awards competition m ast be postmarked no later than August 7, 199?. Awards will be presented during; th Congress of Cities Conference to be '7cId in New Orleans, Louisiana, Novem per 28 December 2, 1992. ;ntnct NLC at (202) 620 :'a "30 for ap plications and guidelines. Municipal Calendar July 18 AML Board of Directors Meeting, Anchorage. Contact A,,- L at 586-1325 for more information. July 20-21 AMUJIA Board of Trustees Meeting, Anchorage. Contact.�ml_! JIA at 586-1322 for more information. July 29 Alaska Conference of Mayors Meeting, Kenai. Contact A(_OM President Mayor Don Keck at 747-8020 or AML at 586-13:"-) for more information. July 30-_t1 AML Legislative Committee Meeting, Kenai. Contact Ahii. at 586-1325 for more information. August 4-6 Federal Projects and Historic Preservation Law Course, Porti,7nd, Oregon. Three-day introductory course to help you under.tand how the National Historic Preservation Act (NHPA) protects his- toric properties. The cost is $225. For registration information, call (703) .557-0986. August 3-6 Annual International Solid Waste Exposition, Tampa, Flcrida. The largest municipal solid waste trade show of the year with over 300 companies offering the latest in municipal solid -waste man- agement technologies, equipment, systems, and services. For registration information, write SWANA, P. O. Box 7219, iiver Spring, MD 20910. Sept. 11-12 AML Board of Directors, Kotzebue. For more informa: on, contact AML at 586-1325. Sept. 11-13 Southwest Alaska Municipal Conference (SWAMQ, Dillinghiam. Call 562-7380 for information. Sept. 10-11 North/Northwest Mayors Meeting, Unalakleet. Contact Bob Foote at 624-3531 for information. Sept. 24-2 6 Nationai League of Cities 10th Annual Local Government Profes- sionals Conference, for executive, legislative, and administr.itive staff - Louisville, Kentucky. Registration fee: $185 member/$21 0 non-member. For more information, write NLC,1301 Pennsyl- vania Avenue, N.W., Washington, D.C. 20004 or call (202) 626- 3170. Oct. 9-11 Second Annual Alaska Rural Health Care Conference, Regal Alaska Hotel, Anchorage. Gathering of rural health provide�sto address rural health issues. Registration fee: $150 before September 16 and $175 after September 16. Call (907) -= 74- 6020 for more information. Nov. 8-14 AML LOCAL GOVERNMENT CONFERENCE, JUNEAU. For more information, contact AML at 586-1325. Nov. 28 National League of Cities Sixty -Ninth Annual Congress of & ies and Exposition, New Orleans, Louisiana. For more information, write to NLC, 1301 Pennsylvania Avenue, N.W., Washingtc i i, D.C. 20004 or call (202) 626-3010. A,'4Mt. Touchstone ■ July 1992 Ir'age I 'k Investment (continued from page 1) formed in response to a resolution passed by members at the 1989 Annual Meeting. The committee, chaired byMayor Jerome Selby, Kodiak Island Borough, Immediate Past President of AML, and staffed by former AML Executive Director Scott A. Burgess, has been working to secure passage of authorizing legislation and develop the conceFt. All AML members and other future investors owe the committEe a big thanks. Other members of the committee include Ellen Braden, Treasurer, Munici- pality of Anchorage; Harold Ivanc,ff, A( J- ministrotor/Clerk, City of AtclaSUL; Ross Kinney, Finance. Director, Kenai Pe,iinsuua Borough; Kevin Ritchie, Manager, Cityand Borough of Juneau; Dave Rose, former Executive Director of the Alaska Perma- nent fund; and Juc'i Slajer, Chief Financial Officer, Fairbanks North Star Borough. Swisher (continuer) from page 1) in the legislative creation of a municipal investment pool for the State of Washing- ton and served on the Local Government Study Commission and the Departrient of Transpc rtation Intergovernmental Group. Swisher, a native of Arizona, has a Mas- ters in Public Administration and Bachelor of Scierce from Arizona State Unit ersity. He and his wife, Ginger, have tw:) chi - dien, a ion in college and a daughte, in law drool. Swisher replaces Scott A. Burgess, who resigned from the League in Ma; after eight years of service. Chrystal Smith, Diiecto of Member Services for ANIL, has beE:'n se vingasActing Executive Director. Position Vacancy Alaska Municipal League Associates & Affiliates ACCOUNTING/AUDITING Ugce, Rchfeld, & funk, CPAs Mikunda, Cottrell & Company KPMG Peat Marwick ATTORNEYS Ater, Wynne, Hewitt, Dodson & %errit Birch, I Lorton, 13ittner & Cherot Bradbury, Bliss & Riordan Copeland, Landye, Bennett and Wolf Davis Wright Tremaine I licks, Boyd, Chandler & falconer Hughes Thorsness Gantz Powell & Brundin Jensen, I Wris & Roth Perkins Coie Preston Thorgrimson Shidler Gates & Ellis Robertson, Monagle & Eastaugh, P.C. Wohlforth, Argetsinger, Johnson & Brecht COMML.JNICATION Alascom, Inc. CONSULTING/PLANNING Alaska Department of Community and Regional Affairs Alaska Division of Economic Development Alaska Di✓ision of Governmental Coorc:lination Alaska State Library and Archives Ginny Chitwood and Company EDUCATION/TRAINING/ INFORMATION Consortium for Alaska Municipal Training Elmer E. Rasmu<.on Library, University of Alaska Fairbanks ENGINEERING Cl 12M I till, Inc. IfDR Engineering, Inc. James M. MontFpniery Consulting Engineers, Inc. FINANCIAL SERVICES/BANKING Alaska Municipal Bond Bank Authority Dain-Bosworth First National Bank George K. Baum & Company J. C. Bradford and Company Lehman Brothers National Bank of Alaska Prudential Securities, Inc. Seafirst Bank INSURANCE/RISK MANAGEMENT CIGNA Insurance Gallagher Heffernan Insurance Brokers Northern Adjusters, Inc. Rollins Burdick Hunter of Alaska, Inc. Willis Corroon of Anchorage MUNICIPAL ASSOCIATIONS Alaska Association of Assessing Officers Alaska Association of Municipal Clerks Alaska Chapter/American Planning Association Alaska Conference of Mayors Alaska Fire Chiefs Association Alaska Municipal Attorneys Association Alaska Municipal Finance Officers Association Alaska Municipal Management Association Alaska Recreation and Park Association North/Northwest Mayors Conference Southwest Alaska Municipal Conference NATIVE ASSOCIATIONS Tlingit & Haida Indian Tribes of Alaska OIL & GAS EXPLORATION ARCO Alaska, Inc. Chevron U.S.A., Inc. RETIREMENT/BENEFITS Alaskan Benefits, Inc. TRANSPORTATION/ ACCOMMODATION Alaska Airlines, Inc. Westmark Hotels CityManager - City and Borough of Juneau. The City and Borough of Juneau, Alaska (pop. 28,965) is seeking a City Manager. Tf e t_ ity anci Bor(wgia of Juneau has approximately,130 FTE's and a budget of $11 G million. The deadline for receipt of applications is Augu st 5 1 `r`)'. The recruitment material, includingformal announcement, is inthe processof development. Contact the Clerk's Office, Roo ri >u?, 1'.1t,nicip al Building, 155 S. Seward Street, Junt.•,3u, AK 99801 to be placed on the list to receive material as soon as it is developed,. AML Touchstone ■ July 1992 LMII NCPAC LEAGUE. The Alaska Municipal League 1992 EXCELLENCE IN LOCAL GOVERNMENT PROGRAM NOMINATION FORM The Elected Municipal Official of the Year The Municipal Employee of the Year The Outstanding Contribution Award The Alaska Municipal League EXCELLENCE IN LOCAL GOVERNMENT PROGRAM Elected Municipal Official of the Year Municipal Employee of the Year Purpose and Criteria: The purpose of the Alaska Municipal League Municipal Official of the Year Awards is to recognize local government officials who have demonstrated a commitment to excellence in local government both within their own communities and on a statewide level. The criteria for judging are: 1. Individuals must come from a member municipality. 2. Individuals will be judged on their contributions to local government statewide and, if their contribution is an innovative program, by the adaptability of the program to other municipalities. 3. Individuals will be judged on their contributions to the betterment of local government within their municipalities. 4. Individuals will be judged on their contributions to the AML and how their efforts have assisted municipalities in the state in pursuing the recognized goals of municipalities. Eligibility: Any elected official or municipal employee of an AML member municipality is eligible. Planning commissioners are considered elected officials for the purpose of judging. City managers are considered employees. Current members of the AML Board of Directors are the judges and are ineligible to receive the award. Officials and employees of a school district are ineligible unless they are also elected municipal officials. Nomination: The official nomination form or a copy must be accompanied by a letter of nomination and must be completed and signed by two elected officials of the sponsoring municipality. A black and white photo of each nominee will be required no later than October 1, 1992. There is no limit to the number of candidates for each award that may be submitted by any single municipality. However, municipalities are encouraged to submit a single nomination for each award to strengthen the nomination and demonstrate total community support. Nominations must be received at AML by August 31, 1992. Judging: The judges are the AML Board of Directors. The Award: Each winner will receive a personal plaque and have his or her name listed on a permanent plaque in the lobby of the AML office. The winners will also be featured in an article in the AML Touchstone. The award will be announced and presented at the Annual Awards Banquet at the Local Government Conference in November. The Alaska Municipal League EXCELLENCE IN LOCAL GOVERNMENT PROGRAM Outstanding Contribution Award Purpose & Criteria: The purpose of the Outstanding Contribution Award is to recognize individuals who have made a truly outstanding, long-lasting contribution to municipal governments statewide through their contributions to the League. The criteria for the award are: 1. Contribution to the Alaska Municipal League 2. Promotion of League ideals, philosophy, and goals 3. Contribution to local government at a statewide level 4. Involvement with municipal concerns and issues 5. Statewide leadership Eligibility: Employees and elected officials of Municipal Members and Associates of the Alaska Municipal League are eligible to receive the award. Nomination: Nominations for the Outstanding Contribution Award can be accepted from the Executive Director, the Board of Directors, or any AML Municipal Member or Associate. The nomination does not require the signature of elected officials of a sponsoring municipality. There is no restriction on the number of candidates or winners of the award. Nominations may be accepted after the deadline with approval of the Board of Directors. Judging: The judges are the AML Board of Directors. The Award: Each winner will receive a plaque. The award will be announced and presented at the Annual Awards Banquet at the Local Government Conference. Certificate of Appreciation The Certificate of Appreciation can be bestowed at any time at the discretion of the Executive Director or the Board of Directors. Its primary purpose is to recognize individuals, regardless of membership status, who have made a worthy contribution to the Alaska Municipal League or, local government. The Alaska Municipal League EXCELLENCE IN LOCAL GOVERNMENT PROGRAM Nominee's Name: Title: Municipality: Nominator: This person is nominated for OFFICIAL NOMINATION FORM 1992 Phone: Title: Elected Municipal Official of the Year ❑ Municipal Employee of the Year ❑ Outstanding Contribution Award ❑ Each nomination for the ELECTED MUNICIPAL OFFICIAL OF THE YEAR and MUNICIPAL EMPLOYEE OF THE YEAR must be signed by two elected officials of the municipality making the nomination. Signature: Signature: PLEASE ATTACH: Title: Title: ■ A one -page letter of nomination explaining why the nominee named above deserves to be recognized as the Elected Municipal Official of the Year or the Municipal Employee of the Year. Qualifications should include the nominee's contribution to your community, to local government at the statewide level, and to the Alaska Municipal League; or, ■ A one -page letter of nomination for the Outstanding Contribution Award explaining the nominee's contribution to the Alaska Municipal League and his or her part in the promotion of League ideals, philosophy, and goals. Signatures of municipal officials are not required for the Outstanding Contribution Award. ■ A black and white photo of each nominee must accompany the nomination or be submitted to AML no later than October 1, 1992. Complete and send this form and your letter of nomination to: Alaskan Municipal League Excellence in Local Government Program 217 Second Street, Suite 200 Juneau, Alaska 99801 FAX: (907) 463-5480 Nomination materials must arrive at the AML office by August 31, 1992. Fax copies of this form and letter of nomination are acceptable. The Alaska Municipal League EXCELLENCE IN LOCAL GOVERNMENT PROGRAM Outstanding Contribution Award Purpose & Criteria: The purpose of the Outstanding Contribution Award is to recognize individuals who have made a truly outstanding, long-lasting contribution to municipal governments statewide through their contributions to the League. The criteria for the award are: 1. Contribution to the Alaska Municipal League 2. Promotion of League idE.-als, philosophy, and goals 3. Contribution to local government at a statewide level 4. Involvement with municipal concerns and issues 5. Statewide leadership Eligibility: Employees and elected officials of Municipal Members and Associates of the Alaska Municipal League are eligible to receive the award. Nomination: Nominations for the Outstanding Contribution Award can be accepted from the Executive Director, the Board of Directors, or any AML Municipal Member or Associate. The nomination does not require the signature of elected officials of a. sponsoring municipality. There is no restriction on the number of candidates or winners of the award. Nominations may be accepted after the deadline with approval of the Board of Directors. Judging: The judges are the AML Board of Directors. The Award: Each winner will receive a plaque. The award will be announced and presented at the Annual Awards Banquet at the Local Government Conference. Certificate of Appreciation The Certificate of Appreciation can be bestowed at any time at the discretion of the Executive Director or the Board of Directors. Its primary purpose is to recognize individuals, regardless of membership status, who have made a worthy contribution to the Alaska Municipal League or local Government.