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HomeMy WebLinkAbout1992-07-01 Council PacketKenai City Council Meeting July 1, Packet 1992 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. �, �✓ i�.a� �i,f � e •�ie� _ Lca �►c e� Lb cti j�. '��' 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. Harbor. 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 K. ADJOURNMENT -3- MAYOR'S REPORT JULY 1, 1992 COUNCIL MEETING CHANGES TO THE AGENDA ADD: B-2, Steve Fick - Fishhawk Fisheries - Lease of Dock Space #3. ADD: C-5, Additional Information - Letter of Non -Objection from the Kenai Peninsula Borough regarding the New 1992 Liquor License for Kenai Merit Inn. ADD: 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. CHANGES TO THE CONSENT AGENDA MAYOR'S REPORT DISCUSSION 1. Reappointment of Phil Bryson to the Kenai Peninsula Borough Planning & Zoning Commission. a E m "I 9 I m i 160 June 25, 1992 Mr. Joe Champion P. O. Box 3126 Kenai, Alaska 99611 Re: Dyer Building Dear Mr. Champion: i 1791-1991 CITY OF KENAI 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 HAND DELIVERED 6/25/92 a --J� p.,x This letter is in response to your complaints regarding the plumbing work done on remodeling the old Dyer clothing store. Mayor Williams has provided me with your written complaint which lists four allegations. The first allegation concerns a legal issue for which I have provided a response. The other three allegations are within the purview of the Building Official, Howard Hackney, so he has provided me with that information. 1. Your first complaint is that Ordinance 64, adopted June 3, 1964, requires cast iron pipe rather than the ABS pipe that was used on the project. In particular, you state that section 2(G) of that ordinance requires cast iron pipe. Section 2(G) of that ordinance did amend the requirements of Section 11.1.3 of the American Standard National Plumbing Code of 1955 to require cast iron pipe. However, ordinance 269, adopted in 1975, repealed Ordinance 64 and replaced its provisions with the Uniform Plumbing Code, 1970 edition. Thus, Ordinance 64 has not been in effect since 1975. The current city code utilizes the Uniform Plumbing Code of 1991. Section 401 of the Uniform Plumbing Code of 1991 allows use of Schedule 40 ABS DWV pipe, The parenthetical :references to Ordinance 64 in Title 4 are to provide the legislative history of the city code. That is, they are placed there so that one can look up past city ordinances to see what the code used to be. In summary, ordinance 64 and its requirement of cast iron pipe was repealed in 1975. The current city plumbing code allows use of Schedule 40 ABS DWV pipe,. Page 2 Mr. Champion June 25, 1992 2. In response to your second complaint regarding the gas, Mr. Hackney has examined the gas connection mentioned in your complaint. He indicated that after examining the gas connection, he was satisfied with its safety. 3. Your third complaint is that the water service is illegally hooked up in front of the meter. Mr. Hackney checked the water line. He found a 3/4 inch line in front of the meter running from the main to an outside hose. Mr. Hackney ordered that line to be disconnected. 4. Your fourth complaint is that no building plans were submitted or building permit issued. Mr. Hackney indicated that this portion of your complaint. is correct. Mr. Hackney has required the persons involved to apply for a building permit. However, pursuant to Section 306 of the Uniform Plumbing Code, 1991 Edition, the Building Official, has decided to waive the requirement of submission of plans. Thank you for bringing these matters to our attention. If you have any further concerns regarding this matter, feel free to submit them in writing to me at 21.0 Fidalgo Ave., Kenai, Alaska 99611. CITY OF KFN4kI Ca R. Graves City Attorney CRG:dc 1791-1991 CITY OF KENO "od eapiW 4 Aa4" , 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 293 - 7535 FAX 907-283-3014 MEMORANDUM TO: William J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: July 1, 1992 SUBJECT: Fishhawk Fisheries Evidently Fishhawk Fisheries has some problems with the lease agreement for Station No.. 3 at the Kenai City Dock. In my discussions with Mr. Steve Fick of Fishhawk Fisheries, I told him that the City Attorney felt we could, if Council agreed, enter into an agreement with them as long as we got the minimum bid of $12,000. I made it very clear to Mr. Fick that whatever we discussed would have to be approved by Council and that a councilperson had already mentioned in a work session he wanted only a yearly lease. I also explained that the Council may or may not go along with the lease or may even want to receive as much as the bid for the other station. I sent Mr. Fick a copy of Resolution No. 92-39 (page 6) on June 9, 1992, along with the lease agreement for Station No. 3. (page 7) I also called Mr. Fick and explained that the Council wanted to go with a one year lease. The City of Kenai has not entered into a lease with Fishhawk Fisheries. They have the following problems with the lease agreement. 1. Steve Fick. signing lease as an individual. 2. No second year option. 3. Paying $0, 0375 per pound for fish after 320,000 pounds have been unloaded. 4. Tote doesn't weight 1,000 pounds. t r �' % ;e 0f :4 Page 2 Fishhawk Fisheries 7/ 1 /92 Public Works response to these problems: 1. This has always been in our documents including the documents they had before the bid opening on April 8, 1992. The City Attorney and I recommend that the City waive this requirement if they pay the full $1.2,000 which Mr. Fick said he could. 2. Council said they wanted a one year lease and the administration can not change it without Council approval. 3. 1 came up with the $0.0375 per pound from the bid Snug Harbor submitted on April 8, 1992. I thought that was being fair especially since we charge 0.06 per pound at the City station. $0.0375/lb. x 320,000 lb. = $12,000. This was in Resolution 92-39 and approved by Council. So, if changed, it must be done by Council. Mr. Fick was sent this resolution on June 8, 1992. 4. The 1,000 lb./tote is only a estimate. I don't think there is a problem with this item. KK/kv 1--:;43 1 r June 25, 1992 C. R. Baldwin, Esq. 125 N. Willow Kenai, AK 99611 C 1791-1991 CITY OF KENAI (gapila� IV 4�a� f 1 _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907-283-3014 Re: Fish Hawk Fisheries Boat Dock Lease Dear Rick: VIA FAX 283-8435 Keith Kornelis forwarded your letter regarding Fishhawk Fisheries to me for a response. I do not agree that the City offered the lease to your client at only the minimum bid rate of $12,000. The City did offer the space out for lease in April for the minimum bid of $12,000. Fishhawk Fisheries did not bid at that time, however. Thus, the terms of that offering do not apply to it. Subsequent to the bid offering, the City was accepting proposals for leasing the available dock space. The terms of the proposal. were negotiable. Your client did submit a proposal. Keith Kornelis informed your client that the proposal would be submitted to the Kenai City Council for consideration. Mr. Kornelis could not, and did not accept. your client's proposal. The Council determined that it did not want to offer the space for a two year lease period and substituted a one year period instead. It also decided that it would only accept an offer that included a provision for the $. 03i5 per pound payment for an excess of 320,000 pounds. It is my understanding that your client does not agree to the poundage fee. The City and your client have never reached an agreement on the terms of the lease. The City would like to come to an agreement on the terms of a lease. The one year lease period and poundage fee were conditions of the lease determined by the City Council. Therefore, t.e administration does not have the authority to change those terms. The addition of Mr. Fick individually to the lease was done administratively, and, therefore, is subject to negotiation by the administration. :,e i Of 0- C Page 2 Mr. Baldwin June 25, 1992 I will be out of the office on Friday. Perhaps we could meet on Monday to see if the City and Mr. Fick can come to an agreement on this lease. Please give me a call on Monday to see if we can set up a meeting. . Sincerely, CITY OF KE AI Ca R. Graves City Attorney CRG:dc Ea _ Of � d� 125 N. Willow Kenal, Alaska 99611 �ea 907/283-7167 .X #M-MS C. R. Baldwin C.R. Baldwin F G/Y y'g2 0� Brad Arnbarlan Lawyer y -;t ti June 25, 1992 City of Kenai VIA FAX #283-3014 210 Fidalgo Kenai, Alaska 99611 Re: Lease of Boat Dock, Crane, Parking Area and Office at the Kenai Boating Facility. My Client: Fishhawk Fisheries Gentlemen: My client has requested that I act on its behalf with respect to the lease described above. The City offered the lease of the above facility to my client for the "minimum basic rent" as set forth in its bid solicitation of April 8, 1992. Neither that offer, nor any discussions or correspondence leading up 'to the acceptance of the City's offer by my client made any mention of any charges in addition to the minimum bid amount of $12,000. C My client has now been presented with a lease containing provisions for payment of $.0375 per pound in excess of 320,000 pounds. In addition the lease appears to call for the addition of a party in addition to Fishhawk Fisheries. The City's offer was made to and accepted by Fishhawk Fisheries without any discussion of a joinder in the lease of Steve Fick, The addition of both of the above provisions to the lease constitute unacceptable amendments to the agreement which my client reached with the City in late May. Since the time for the use of the dock is fast approaching, after you have had an opportunity to review your position please contact me so that we can meet and attempt to expeditiously resolve the matters outlined above. Thank you for your attention to this matter. CRBi tlm Very truly yours, C. R. BaLdwin -e Of. e 171 Suggested by: Administration RESOLUTION NO. 92-39 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE 1992 LEASE OF THE KENAI PUBLIC DOCK STATION NO. 3, ONE CRANE, PARKING AREA, AND OFFICE TO FISHHAWK FISHERIES FOR $12,000 OR .0375/LB WHICHEVER IS GREATER. WHEREAS, the City of Kenai bid dock station no. 3 on April 8, 1992 but did not receive any bids, and WHEREAS, Fishhawk Fisheries has offered to lease dock space no. 3 for the minimum bid of $12,000, and WHEREAS, Fishhawk Fisheries agrees to the following: Minimum Estimated Company Basic Bid Price/Pound Poundaae Fishhawk Fisheries $ 12,000 .0375/lb. 320,000 WHEREAS, the recommendation of the Public Works Department is to award the lease of Dock Station No. 3 to Fishhawk Fisheries, and WHEREAS, the Council of the City of Kenai has determined that awarding the 1992 lease of Dock. Station No. 3 to Fishhawk Fisheries is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai award the 1992 lease of Dock Station No. 3, crane, parking area, and office to Fishhawk Fisheries for $12,000 or .0375/lb. whichever is greater. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of June, 1992. ATTEST: Carol L. Freas, City Clerk Approved by Finance: Written by Public. Works: ikv 5/29/92 ;a 0 f�° WILLIAMS, MAYOR LEASE OF BOAT DOCK, CRANE, PARKING AREA, AND OFFICE AT THE KENAI BOATING FACILITY THIS AGREEMENT, entered into this 8th day of June 1992, by and between the CITY OF KENAI, 210 Fidalgo Street, Kenai ka 99611, a home -rule municipal corporation of Alaska, hereinafter called "City", and4Ee:.Fic_i>dividually and Fishhawk Fisheries, hereinafter called "Lessee". 4.4cirk. TK4. That the City, in consideration of payments of rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska; to wit: Kenai Boat Dock Station No. 3 as shown in the attached Schedule "A" including unloading crane, parking area, and office, at the Kenai Boating Facility as shown in the attached Schedule "B". A. PURPOSE: Rent space for activities applicable to the Kenai Boating Facility, including, but not limited to, unloading of fish. B. TERM: I . Term of Lease: The term of this Lease is from June 15, 1992 to October 1, 1992 (one season). ,V s 2 ^, elfir a f C. RENTAL PA `MENT: The rental specified herein shall be payable as follows: 1. The lessee shall pay the City of Kenai its minimum basic rent of $12,000.00 prior to the dates and at the minimum amounts listed below. In addition to the specific amounts listed below Lessee shall pay sales tax upon such amounts which tax shall be computed at time of payment. At Notice of Award of Lease June 15, 1992 .July 1, 1992 July 15, 1992 $ 3,100.00 (30% - $500 deposit) $ 2,400.00 (20%) $ 2,400.00 (20%) $ 3,600.00 (30%) -a 17 0f� _7 CITY LESSEE 2. (-!,,Sssee further agrees to pay $.0375 per pound for fish brought over the dock plus applicable sales tax To verify poundage of fish Lessee agrees to submit to the dock Manager or Foreman no later than noon of every Monday, copies of all Alaska State Department of Fish and Game "Fish Tickets" which Lessee has written for fish taken over the dock during the prior week. Lessee's obligation to pay for fish brought over the dock does not commence until 320,000 lbs. of fish have been brought over the dock. (The intent of this section is that Lessee should not pay a per pound rate until the number of fish brought over the dock times the agreed upon price per pound exceeds Lessee's minimum basic rent.) 3. Payment for fish brought over the dock shall be paid one week in arrears on Tuesdays no later than noon (12 p.m.) 4. In addition to the rents specified above, the Lessee agrees to pay to the appropriate parties all levies, assessments, and charges including sales tax as hereinafter provided: (a) All other costs of items of the Kenai Boating Facility available at the same rates and under the same rules and regulations to the general public. (b) Interest at the rate of ten percent (10%) per annum and ten percent (10%) penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. D. GENERAL COVENANTS: This Lease represents the entire agreement between the City and the Lessee. 2. USES: Except as provided herein, any regular use of lands or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of the areas designated by the City for specified public uses, such as the city's unloading crane, repair grid, fuel (gas & Diesel), waste oil tank, septic holding tank, restrooms and showers, dock office, telephones, trash/lighting, launch ramp/floats, parking areas, and streets which can be used at the same rates and under the same rules and regulations as the general public. The use of the City's crane shall be at the lessee's unit bid price per pound but that poundage will not go towards the minimum basic rent. In other words, the lessee will pay the minimum basic rent plus the City's rate per pound at that time when the items are brought over the City's station. 3. USES NOT CONTEMPLATED PROHIBITED: Solicitation or donations or the promotion or operation of any part or kind of business or commercial enterprise, other than as specifically set forth herein, upon, in or above the Kenai Boating Facility, without the CITY 2 LESSEE written consent of the City is prohibited. 4. WEIGHT LIMITS: Lessee acknowledges that the dock and trestle have a weight limit of 12 tons/axle and a gross limit of 15 tons and there is a storage limit of 250 pounds per square foot maximum. Lessee agrees to prevent travel and storage of machinery, equipment and vehicles upon the premises which exceeds these weight limits. 5. PARKING AREA: Lessee shall have the use of an area of approximately 100' x 125' for parking, designated for its use south of the restrooms on the parking lot. The approximate location for these assigned areas is shown on the attached Exhibit "B". The City will located these areas in the field but it is the lessee's responsibility to physically barricade or close off their own area to keep others from using it. The lessee's barricades or other items shall be inside the lessee's designated area. 6. WATER WASH DOWN: The City agrees to provide a fresh water wash down system at the station, consisting of a 50-foot hose with base reel, valve, and nozzle. Lessee agrees to properly operate and maintain this system. Lessee shall not be charged for normal water use from this system. However, lessee agrees not to leave the water running continually and properly safeguard the use of water resources. Also available is treated, potable water for filling fresh tanks on vessels. i. FISH TICKET DISCLOSURE: In the event of a dispute as to total poundage of fish unloaded dockside by the lessee over the lease term, within 10 days of written notification from the City, lessee agrees to request pursuant to AS 16.05.815 (a) (5), a copy of the Alaska Department of Fish and Game records pertaining to fish tickets submitted by the lessee for the lease location during the term of the Lease. Lessee further agrees to forward copies of the records to the City of Kenai within 10 days of receipt of the records. . TOTES: Lessee agrees that in the event of a dispute concerning fish weights, for the purposes of computing fish weights a standard 2' deep x 3'10" x 3'6" tote conclusively contains 1000 pounds of fish. 9. VENUE: Venue for any dispute arising out of this lease shall be in the State of Alaska, 'Third Judicial District at Kenai. - 10. ASSIGNMENT OR SUBLETTING: Lessee with City's prior written consent, which will not be unreasonably denied, may assign, in whole or in part, its rights as Lessee hereunder. Any assignee of part or all of the leased premises shall assume the duties and obligations or the Lessee as to such part or all of the leased premises. No such assignment, however, will CITY 3 LESSEE a '' 0 f r 1] 1791-1991 CITY OF KENAI C,� 4 4,4::z��ff _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283.3014 13 191 UT •" TO: William J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director hfl� DATE: May 29, 1992 SUBJECT: Kenai Dock Lease, Space No. 3 FOR:: City Council Meeting of 6/2/92 Mr. Steve Fick of Fishhawk Fisheries would like to lease Dock Space No. 3 for the minimum bid of $12,000. The City Attorney has stated that since we did not receive any bids for this station, we can go ahead and lease it for the minimum bid. The Public Works Department recommends that we do so. The bid documents for Station No. 2 allowed for a lease renewal option for 3 additional years or for a total of 4 years. Station No. 3 had options that allowed up to a total of 2 years. The original lease agreements and bidding documents that I drew up when the dock first went into operations allowed for these option years and it was approved by Council. The idea was that every 2 years one of the spaces would become available for bid. This would allow fish processors some stability in knowing they had a place to operate out of for more than just one year. PublicWorks would recommend that the City lease Dock Space No. 3 to Fishhawk Fisheries for $12,000 or 0.375/lb. whichever is greater and allow for the second year option as was stated in the bidding documents. KK/kv �Vlxsto */ ..54:7 _fF 3 INL"Wift) F A) i- lf)5, iO.Jji C)rvgon 97 h.:.' FISHHAWK FISHkR!.E.,S V- k�, 1, vi a Y 229 1992 jfq + � , fF� j,' K e t b Cornelius City of Kenai Kenai, Aleska 99611 Dear Keith: I am corresponding with you to verify that Fisbhawk Fisheries, inc. is interested and intending to lease ­.v-Stat',ion # 2 at 'the City Docks 'under the minumum bid spcc�fics outlined in your -.bid packet. As we'disoussed ir, our telephone conversation, i will be in Kenai the week of May 2 5 t?, thrLz 20,,th to -finalize details•'Of thin agreement. e v £ F.L, (c cI President, F i s h lirj w,k Fisheries, Inc. S11CW t. may.; .:'�: .�.ia � •� 'i 'r.7, ,:,�� .1... •i :r.:•7!'.;', .'�'f �x. •.ii�c1'�.IRiLYYt�t��' ''�•;,,y�,v.z ` over the dock is: ti •.''` Y 's:�= �;, :_r .'v ,L ...i: r ;,=.• ... '• ` 34,11 ''� fYi��l,%!i M�•�••.' •.x.'ti e .,', a Y •F.1•,• ' :t" 1CF�lIti..{ . •.W •.: :Y► ` 4��jt��� /[,ii with the above minirnunbasic bid used as payment until th�lt rs used up. y 3. Total estimated poundage bidder anticipates over the dock at this station during this lease period: pounds . D-2 )) ..L__.. Of KENAI CITY COUNCIL MEETING MINUTES JUNE 2, 1992 PAGE 7 C-8. Resolution No. 92-38 Awarding a Contract for the Construction of Approximately 506 Lineal Feet of Sidewalk in Leif Hansen Memorial Park to Tri-City Construction for the Total Amount of $14,674. MOTION: Councilman Measles MOVED for adoption of Resolution No. 92-38 and asked for unanimous consent. Councilman Smalley SECONDED. PUBLIC COMMENT: Kayo McGillivray, Parks and Recreation Director addressed the council to explain that the bid last Fall came in at $32,000. The original bid came in above funds available. It is recommended that a section of sidewalk approx. 40 feet from the existing sidewalk to the new Merchant Marine Memorial be done, and to delete the section of sidewalk going over to Ryan's Drive (Loop C shown on diagram). This would be within the budgeted monies. The Mayor asked Keith Kornelis if he is satisfied that the bidding contractor understands the soil conditions in that area and is prepared to excavate sufficiently to allow for proper installation without failure of the cement? Kornelis indicated yes. The Mayor called for unanimous consent. Objection was indicated by Councilman Walker. VOTE: Swarner: Yes Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Walker: No MOTION PASSED. C-9. Resolution No. 92-39 Awarding the 1992 Lease of the Kenai Public Dock Station No. 3 - One Crane, Parking Area, and Office to Fishhawk Fisheries for $12,000 or .0375/lb., Whichever is Greater. MOTION: Councilman Walker MOVED for adoption of Resolution No. 92-39. Councilwoman Swarner SECONDED. No Public Comment. KENAI CITY COUNCIL MEETING MINUTES; JUNE 2, 1992 PAGE 8 DISCUSSION: Keith Kornelis explained that this lease was negotiated after there were no bids. The proposal from Fishhawk was per specifications in the City's bid package. The bid package for Station 3 had an option to allow for a second year. Fishhawk wants that option. Due to cancellation of last year's leases, we are starting with both dock stations for lease this year. No objection to unanimous consent. SO ORDERED. Councilman Measles MOVED that council direct the city administration to write up the lease for one year with no option on the second year. Councilman Walker SECONDED. No objection. SO ORDERED. C-10. 1992 Games of Chance and Contests of Skill Permit Application - Alaska State Elks Association (ASEA). Approved by Consent Agenda. C-11. Resolution No. 92-40 Opposing the Curtailment of Operations of the Wildwood Correctional Facility. MOTION: Councilman Smalley MOVED for approval of Resolution No. 92-40 and asked for unanimous consent. Councilwoman Swarner SECONDED. No Public Comment. No objection to unanimous consent. SO ORDERED. Council members were requested to sign the Resolution. RECESS at approx. 7:55 p.m. The Mayor called the meeting back to order at 8:13 p.m. D. COMMISSION/COMMITTEE REPORTS D-1. Council on Aging. Councilwoman Swarner reported the inside work on the Congregate Housing Project is proceeding. A representative of the Commission on Older Alaskans visited the Senior Center. Suggested By: Planning & Zc CITY OF KENAI ORDINANCE NO. 1504-92 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE KENAI MUNICIPAL CODE AMENDING THE PROCEDURE FOR GRANTING CONDITIONAL USE PERMITS. WHEREAS, KMC 14.20.150 states that the allowed conditional uses are stated in the Land Use Table; and, WHEREAS, it is difficult to list all the conditional uses in the Land Use Table which may, under certain conditions, be compatible with the principal uses in the various zones; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: 14.20.150 Conditional Uses: (a) INTENT: There are some uses which may be compatible with principal uses in some zones if certain conditions are met. The Commission shall permit this type of use if the conditions and requirements listed in this chapter are met [THE ALLOWED CONDITIONAL USES ARE LISTED IN THE LAND USE TABLE.] Before a conditional use permit may be granted, the procedures specified in this chapter must be allowed. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day July, 1992. ATTEST: Carol L. Freas, City Clerk JOHN J. WILLIAMS, MAYOR First Reading: June 17, 1992 Second Reading: July 1, 1992 Effective Date: August 1, 1992 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 92-15 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING A CHANGE IN THE KENAI MUNICIPAL CODE AMENDING THE PROCEDURE FOR GRANTING CONDITIONAL USE PERMITS. WHEREAS, KMC 14.20.150 states that the allowed conditional uses are stated in the Land Use Table; and WHEREAS, it is difficult to list all the conditional uses in the Land Use Table which may, under certain conditions, be compatible with the principal uses in the various zones; THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION RECOMMEND TO THE KENAI CITY COUNCIL THE FOLLOWING CHANGE BE MADE TO KMC 14.20.150(a): 14.20.1_50 Conditional Uses: (a) INTENT: There are some uses which may be compatible with principal uses in some zones if certain conditions are met. The Commission shall permit this type of use if the conditions and requirements listed in this chapter are met. (THE ALLOWED CONDITIONAL USES ARE LISTED IN THE LAND USE TABLE.] Before a conditional use permit may be granted,, the procedures specified in this chapter must be allowed. PASSED BY THE PLANNING AND ZO ING COMMISSION OF THE CITY OF KENAI, ALASKA, this /0___ day of , 1992. - Art Gravely, Chairman ATTES P anning secretary-- Suggested by: City Council City of Kenai ORDINANCE NO. 1505--92 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADDING A NEW CHAPTER TO THE MUNICIPAL CODE ESTABLISHING ACCOUNTING PROVISIONS FOR THE CONGREGATE HOUSING FACILITY. WHEREAS, the City is constructing a forty -unit Congregate Housing Facility for senior citizen residential housing; and WHEREAS, the City Counc.]. desires to establ:;_sh accounting provisions teat will ensure that monies are set aside for major capital repairs, renewals, and replacements of the facility; and WHEREAS, excess income riot needed for a repair and replacement reserve shall be transferred to the General Fund. N'0W, THEREFORE, BE IT ORDAINED BY THE COUNCLL OF THE CITY OF KENAI, ALASKA that the City of Kenai Code of Ordinances is hereby amended by adding a new chapter to be numbered 7.32, which shall read as follows: Chapter 7.32 CONGREGATE HOUSING FACILITY Sections: 7.32.O-tO Congregate Housing Fund Created 7.32.020 Repair and Replacement Reserve 7.32.0_i0 Transfer to General Fund 7.32.0'0 Congregate Housing Fund Created: The Congregate Housing Fund is hereby created, which shall be an enterprise fund of the City. The fund shall consist of the ser;.ior citizen residential housing complex, including motor vehicle parking areas, adjacent grounds, and other assets to be added to thE�:facility. The fund shall exclude the .-adjacent multi -purpose Senior Citizen Center. Interest revenues earned on the fund's equity in the City's central treasury shall accrue to the fund. 7.32.020 Repair and Replacement Reserve: There shall be established a reserved retained earnings account which segregates equity for significant repairs, renewals, and replacements of assets of the fund. The annual. deposit into the reserve account shall be the sum of (a) and (b) below: Ordinance No. L505-92 Page Two (a) The greater of (1) or (2) below: (1) The first $50,000 of annual operating income, after increasing financial statement operating income by depreciation on assets financed by grants externally restricted for capital acquisitions, (2) One-half of annual operating income, after increasing financial statement operating income by depreciation on assets financed by grants externally restricted for capital acquisitions. (b) Interest revenue earned by the fund based upon a reasonable method of allocation. (c:) No addition to the :reserve account, individually or cumulatively, shalL create a deficit in unreserved retained earnings. It may be necessary to reduce the reserve account to eliminate a deficit in unreserved retained earnings. (d) The goal of the City is to continue such annual reserve account deposits to obtain and maintain a balance of $500,000 in the reserve acc(_)unt_ . (e) Reserved equity may only be spent for purposes that are determined by the City Council to be significant repairs, renewals, or replacements to the fixed assets of the fund. Any such appropriations shall be made by ordinance. 7.32.030 Transfer to General Fund: There shall be an annual operating transfer from the Congregate Housing Fund to the General Fund in the amount of (a) minus (b) below: (a) Income before operating transfers, after increasing such financial statement income by depreciation on assets financed by grants externally restricted for c:apital. acquisitions, (b) The annual reserve deposit required by KMC 7.32.020 above. (c) No annual operating transfer shall create a deficit in unreserved retained earnings. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of July, 1992. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk In�roduced: June 17, 1992 Adopted: July 1, 1992 Effective: August 1, 1992 Approved by Finance: C (6/10/92) k1 Suggested by: City Council City of Kenai RESOLUTION NO. 92-47 A RESOLUTION OF THE COUNCF-L OF THE CITY OF }IENAI, ALASKA TRANSFERRING $__5,000 IN THE GENERAL FUND FOR DUST CONTRO;i- WHEREAS, the City Council desires to provide dust control services on gravel roads in the spring of 1993; and WHEREAS, monies werE: not appropriated in th(� FY92-93 budget for dust control. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Other - Contingency $15,000 To: Streets - Repair- & Maintenance Supplies $15,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of July, 1992. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: g (6/23/92) MEMORANDUM TO: William J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director a DATE: June 2, 1992 SUBJECT: 1992/93 Streets Budget Dust Control - R & M and R & M Supplies FOR: Council meeting of June 2, 1992 At the last Council meeting I was asked to come up with costs for dust control next year. Dust control costs come from two streets budgets. Repair and Maintenance for the contract labor of renting distributor truck and Repair & Maintenance Supplies for the CSS 1 and shipping. The truck rental remained the same as last year so the R & M budget appears to be sufficient for one (1) application for dust control. Streets R & M Supplies includes hot mix, tar, pea gravel, pipe and steel, propane, culverts, signs and sign materials, paint and paint supplies, building supplies, tow ropes, chain hose, dust control materials, etc. This year it will cost us $35,750 for the CSS1 and shipping for one (1) application for dust control. Last year it cost $24, 614 or $11 „ 136 less. I would suggest a budget of $48,000 for Streets R & M Supplies. Presently, there is $33,000 in the budget. Therefore, if $15,000 is added to Streets R & M Supplies we should have enough to proved one (1) full application of CSS 1 for dust control with next years budget. KK/kv Suggested by: Administration RESOLUTION NO. 92-48 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DONATING LOTS 15 AND 16, BLOCK 11, CARL E. AHLSTROM SUBDIVISION TO CENTRAL PENINSULA HABITAT FOR HUMANITY, INC., FOR CONSTRUCTION OF HOUSING. WHEREAS, Ordinance 1488-92 allows the Council, by resolution, to donate foreclosed real property valued at less than $10,000, held by the City for more than ten years, to a non-profit, low income housing corporation for the construction of housing, provided that such housing shall be returned to the City and Borough tax rolls upon completion, and WHEREAS, Central Peninsula Habitat for Humanity, Inc., an affiliate of Habitat for Humanity International is a non-profit, low income housing corporation, and WHEREAS, Central Peninsula Habitat for Humanity, Inc. has identified Lots 15 and 16, Block 11, Carl E. Ahlstrom Subdivision as properties meeting the needs of Habitat families, and WHEREAS, these properties are foreclosed properties valued at less than $10,000 each and have been held by the City for more than ten years, and WHEREAS, there are no assessments or back property taxes, penalties and interest owed, and WHEREAS, the City Council has determined that these parcels are not required for a public purpose. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, that the City Council, by this resolution, donate Lots 15 and 16, Block 11, Carl E. Ahlstrom Subdivision to Central Peninsula Habitat for Humanity, Inc., for construction of housing. BE IT FURTHER RESOLVED, that the City shall require construction of a dwelling on each lot within three years of the effective date of this resolution, or the property shall be returned to the City. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of July, 1992, and effective on July 2, 1992. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: t: ,Fa 6/26/92 kh Bill Brighton City of Kenai 210 Fidalgo Kenai, AK 99611 ,ti41516 J� ��2 �9 ,� i� rn W z Z C,- � 7 C) w N" iv co 4 a.. _7 Q � v Q 1U ti \CE6Z8�tJ� May 5, 1992 We at Central Peninsula Habitat for Humanity, Inc., appreciate the assistance you and your staff have given us in identifying land suitable for a building project. As I discussed with you and will discuss with the Kenai City Council, we have formed the first Alaskan affiliate of Habitat for Humanity International, an organization committed to eliminating poverty housing, one house at a time. Habitat, through a non-discriminatory family selection process, selects families needing new or renovated housing. The selected family is required to provide sweat equity in the building of their home and in turn is provided a house built by volunteers from the community for the actual cost of materials for the house. The mortgage is a no -interest, no -profit loan enabling the selected family to have more money available for food, clothing and transportation and giving them "a hand up, not a hand out." This Habitat program has been active for over fifteen years and has built over 10,000 homes for the needy. We received our affiliate status on May 1. We are a non-profit corporation in the state of Alaska and are presently proposing to begin taking applications for a 1992 project. In preparation for that and fixture projects, Central Peninsula Habitat for Humanity is seeking land suitable for building new homes. We ask that the City of Kenai :favorably consider assigning City land to the local Habitat affiliate for the first Alaskan project. This land will be improved, built upon, and placed on the tax roll as improved property, Habitat homes are normally 1000- to 1200- s quare -feet homes, built by local contractors and volunteers. After a review of available City lands, the local Habitat Site Selection Committee has identified the following properties as meeting the needs of Habitat families, some being on City water and in an area of similar sized homes. The properties are identified as Lots 15 and 16, Block 11, Carl F Ahlstrom Subdivision (tax parcel I D No. 09-63-15 and 039-63-16) and Lot 3. Block H. BitLXe-r Creek Alaska Subdivision (tax parcel I.D. No. 041-080-03). The Habitat Site Selection Committee envisions building tfie first home in the coming year and at least one home each following year, improving each of the City lots and placing them on the tax rolls. We ask that the City transfer two or more of the above lots to Central Peninsula Habitat for Humanity, Inc., for our first projects in Alaska. 'We. at Habitat are excited about getting started on our first home, and we sincerely hope that you and the Council members share our enthusiasm and will help us get a flying start by making City land available for this project. Thank you so much for your assistance to our committee. Sincerely, r �J,)CLL� C,�L Barry, dridge, �I son, Site Selection Committee CENTRAL PEIV'IIVSULA HABITAT FOR HUMANITY, INC. F'.0. Box 2113, Kenai, AK 99611 ('Message) 283-7797 (Home) 283-7152 Iaiclosures m f* SPURR DR. I -all -0 REDOUBT AV. STREE:F>('LIGHTS atIRE HYDRANTS Za:17- /5— /",- 16 — V KENAI PENINSULA BOROUGH 144 N SINKLEY - SOLDOTNA. ALASKA 99669 PHONE (907) 262 4441 DON GILMAN MA" )R June 24, 1992 City of Kenai Attn: Carol L. Freas, City Clerk 210 Fidalgo Kenai, AK 99611 RE: New 1992 Liquor License KENAI MERIT INN- Beverage Dispensary Dear Carol: 24 Please be advised that the Borough will have no objection to the New 1992 application of the above noted liquor license(s) based upon unpaid taxes. The sales tax accounts registered for this business are filed through their required filing periods and the tax year of 1991. The business personal tax account and/or applicable individual tax accounts are in compliance at this time. Please send us a copy of your City Council approval/objection letter for our records. Thank you for your cooperation in these matters. Sincerely, 1, i� L_'i _.j- ,\1 Shelley J. Mor arY Delinquent Accounts r�1 ` D WALTER J. HICA f o D DEPARTMENT OF REVENUE 550W.7THAVE ANCHORAGE, ALASKA 99501-66��8 ALGI�HOLJCBEVER.4GEC.l�NTROL BOARD June 18, 1992 Carol Freas, Clerk City of Kenai 210 Fidalgo Kenai, AK 9961L We are in receipt of the following application(s) for a new city of Kenai required by AS O4.11.520, BEVERAGE DISPENSARY -Tourism liquor license(s) within the . You are being notified as KENAI MERIT INN: Alask.3 Construction Enterpr_ses, Inc.; 260 S. Wil_ow; MAIL: 260 S. Willow Kenai Ak 99611 04- D 1 5 L. H A local governing body as defined under AS 04.21.080(10) may protest the approval of the applications) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest of the application within 30 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is arbitrary, capricious and unreasonable. Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-.44.62.630. IF THE APPLICANT REQUESTS A HEARING, THE MUNICIPALITY MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IN SUPPORT OF YOUR PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. Under regulation 15 AAC 104.145(c) the board will grant a local governing body an extension of 30 days in which to protest an application i�f a request is filed in writing within the original 30-day period. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please so notify us, and provide a certified copy of the regulation or ordinance if you have not previously done so. PROTEST UNDER AS O4.1'1,480 AND THE PROHIBITION OF SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS O4.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in mind in responding to this notice. Under AS O4.11.310, if applicable, a notice is also being provided to the appropriate community council within your municipality. Sincerely, Beth Nelson Records & Licensing Supervisor (907) 277-8638 AC AKA LIQUOR LICENSE APPLICATION fa rfi 8- PAGE 2 OF 2 j SECTION F. INDIVIDUALICORPORATE OFFICER INFORMATION. The following Information must be provided for each applicant or corporate ofhcor N the 9odlicenl or co -applicant Is a corporation, the officers listed must Include the President, vice -President, secretary and Treasurer. Use acidhanal peg" as necessary Fun Name (Do not use Instant) Full Name (Do not use Inhlela) Jai. A :'D .R.^_O _. i.TT9A JE11': ITZ17kN .1R SS _ •%Iling Adds %Illng res _ _ ------_--- g Address - -- - MelkAc �. S'.ate. ZIP code clry, state, zp coda CL. 972;1 !dIiISKI, ALASKA 99635 Home Address (r different from malling addre s) Home Address IN different nom maling address) --�. O; 48550 E tL1 DRIVE, NIKI^1CI, A:. 99635 Date of Birth 0° 3-53 - -- _- Home Krone W" Phone (503)640-76y (503)226-3or2 — --- -- Date of Birth Home Phone Work Phone Oa-09-53 776-90BE 283-6131 Lengthof Alaska Residency --- Writhe ths If appllcant Ise corporation, Nentltythacorporateothce you hob. Length of At *a ResNlency ff applicant Ise corporation, identify thecorporete office you hob. Years Writhe J PRESIDES`" 12 VI -CT PPSSIDEDPP Fun Name (Do not use Initial*) Full Name (Do rat use nlllala) JOS721,* CONRAD ARZd SS Mapng Address _ Meleg Address .. - BOX 6929 cly. Siste, zp code city. state, zip code NIKISKI, ALA,SNA 99635 Home Address (N different from malting address) Hone Address (1 different from malting address) 48550 BALM DRIVE, =SKI, ABC. 99635 Date of Earth Home Plane work Plane Data of aft Home Phone work Phone 08-09-51 776-8089 283-6131 Length of Alaska If applicant la sce> - rporetlon. identify me corporeteof}ke you _ Length of Alaska Rasldeney —._ Ifapplkamleaeorporedon,lde UWCOrporateoffkayou Years Months 1 �� Yeast Monhs hold. 40 8 SDCFOTAPY i Does any IndNrdual or corporals oRkw named above now have any dlf*d w nUrect nlamst In any other alcoholk beverage busness kensed In Alaska er any otherstars? NO ❑ YE'S If yes, give state, name or business: and.dd .s.. Has w y s+dtvtduel or corporate otflcw lsted above been wnvkAod of s felony, a vlolanon of.kS 04, or been wnvicted„s lwnsee w manager of licensed premises in another state of the liquor laws of that state snce the ruling of the last application? 40 ❑ YES a yea, Flew ertplan on sepwate chest of paper• E . SECTION H. DECLARATION, kwet be read and certified by acapplicant. I declare under penalty of pequry that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it Is true, correct and complete. I further certify that I have read and amfamillar wtthThle 4 of the Alaska statutes and Its regulations, and that 1❑ accordance with AS O4.11.450, no person other than the applicant(s) or licensee(s) has any direct or Indirect financial Interest in the licensed business. I agree to provide all Information required by the Alcoholic Beverage Control Board In support of this application. If application is for a Beverage Dispensary or Package Store license, I certify that each applicant named on this application has resided in the state of Alaska for at least one year prior to the date of this application; and/or the applicant Is a corporation registered and qualified to do business In the state of Alaska for one year prior to the date of this application, or all of the shareholders have resided In the state of Alaska for at least IDT year prior to the date of this application. SIONATU OF CURRENT tICENSEE lS (APPLICANT— T SIGNATUREM OF TRANSFEREE�S� SI - __—__- k i i Sumer V no sworn to bolo. me this Subacbed era sworn to beloro rre this Jaya -- JL" ET ! ' -- te._._92 stay of ---- -- e C t NOTAPY PUBLIic IN AND FOR ALASKA - - l rtOTARV PUBLIC IN AND FOR ALASKA i r commkrsloo / to wrmnlsauoa ecptree __..__-_--._—------- "•+ Oa -,Di Page 2 (Rev &n!r) Srelaof AletikeAl­t PAGE 1 OF 2 S50W�c h""°`"°a ru. Bo"'" i5° W. Seventh Avenue LIOUOR LIC&SE"APPLICATION Anah° ! `Masks 9950' (907) 2' 7-8538 (Please read separate instructions I $end Paris 1 and the ABC Board. Keep Part 3 for your tiles. your f Ths applroslion Is tor: (check one) ❑ A full colander year ❑ The sir month period beginning —_ _—_._ end ending SECTION A. -INFORMATION. INust bacompatedfoorrTso"sotappllcatlons. -yoe of Appik.etb License lisps StaNte Referen-nce LlkOvaar FOd°rr,EIN Saa.04.11 A nliE`a for License Fe ' F�I, New n r I .a',�:'t. --- ❑ Within a Municpaltty (Spacny) OR ❑ Outside Mun cipanty / J- r ; Rene sl ` T L'I _ i 0-' luz^ T Filing Fee � 100.00 Currant Liquor U—se Number �] Trans... of If renewal, has the license been exercised or active at least 30 eight -hour Penalty (If —�� Ucenr.e Holdw days the Y n9 past cakridar year? (AS O4.11.330(3)) applicable) $ — ❑ YES If no, application witl be denied unless wrllten request for ------- Total [] Relocation waNer of opensu Is approved by the Alcoholic Beverage ❑ NO Control Board. I Submitted $ Enter epplcenre or transferee's name and mailing address es A should appear on the scenes: Doing BwM As (Business Name) Community Coundl Name and Mailing Address Kl?IAT hTR.RT'Fr TTTr' (See lnstructlons) %SKIN CICTIST=9`I �v� � `" �' Strest Address or Location of Business L C. I """ C]M' COUNCII, 260 S. WIL.W� ! 260 S.�' LtaJ __ "' =-- 210'FIDlIX)O , -,'r city K Ts�I, ALAS7A 99611 KENaM, AT.AST 99611 ICI, ALASKA 99611 Business Phone Numbar(s) _.....--.---- } •r s❑ TMS IS A NEW MAILiNQ ADDRESS { SECTION B. PREMISES TO BE LICENSED. Must be completed for Now and Relocation appscatlons. Name to be used on public sign or, In advertising to Identify premises: Is location of premises greater than or less than 50 miles from the boundaries of a -- jy.,U�j . � municipality (Inwrporale0 city, borough or unified municipality)? -- Cbuel Scholl Grounds: : Distance measured under. 112 mile.--__.__.--' �S}asa411.a10 OR Closest Church: {❑ Greater than 50 "a EX Less than 50miles; ❑ Not Applicable 1/8 mile 1 ❑ Locat Ordinance No Promises to be Iesnsed b: ❑ Plans submsed to Fire Marshal (Required for new and proposed buildings) [- —9 FWilly New Building ❑ Proposed Bullding I Milligram of Promises Attached red for all New and Relocationapplications)'. SECTION_C.,RENEWAL INFORMATION. MustwcorrvotedbrRenawstappllcewmwty. Hoo me lines whom aksthose beverages are sold,"mod, Has the statemam of financial Interest changed from the lest PACKAOESTOREIsthe notice tosell alcoholic bever- consumed. possessed and/or storedbean changed from the statement submitted to the Ak:ohdlc Beverage Control ages In reponse to written orders being renewed 7 lass degram autonwded? Board? ❑ YE2S _ ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO _SECTIOND.TRANS FERINFORMATI0N. must be completed for Transfer ofLlcensafHoldlKand Relocation eppnwbnt,only, [] Involuntary Transfer. Adoc h documents which eydance "c ofaulr' under AS Nome(s) and Moiling Addrau of Current Llcansaa(s) 04 11.4570 .. [( R&I dw Transfer. Any haosunent executed under AS O4.11.670 for purposes of Wplytng AS 04.11.36014)(0) In a later Involuntary transfer. must be fled with this appiicatbn et (15 AAC 104.105(q). Real or personal property conveyed wthis transfer - Is: (AttnCh extra shoots s necessary) SEFORE TRANSFER, Doing Business As: (Buslnass Name) BEFORE TRANSFER, Street Address or Location SECTION E. CORPORATION INFORMATION. Mustbewmplelodvapplicwtorco-appscantisawgp Won. (ASO4.11.390) Corporate Norte Doing Business As (Businse l Names) Date of IhOOrpouadon In Alaska A ASFA CCVSTR=CN E=T`P1SFS,M KF'SAI 2dE12IT M Street Address or Location of Business P.PRIL 23 1990 M"I g Address 260 S. W-'LLiC T 260 S. WIL aq CRY, Slate 2ta Code City end Stela (oryorate Omce Phone No. IUMI, AU�SM 99611 K NAI, ALASKA 99611 2F3-6131 Is the above named corporation In good siv rrAng with the State of Alsoll Department of Commerce sod Economic Development? � }AYES ❑ N14 Reglstemd Agent (Nana errd Melllrg Address) ,TCYSEPH CONPAD ARTESS BOX 6929 Agents Alaska Rosdency Agent's Phone No. NIKIaFQ, ATASKA 99635 , It 776-R�3S9 ' CORPORATION DIRECTORS AND STOCKHOLDERS (Use additional shoats II necessary) Dete of Birth . or Shares of Ownership Full Name (Do not use initials) Home Add,— TOE ANDFR2S12IIJ (Kai --,ex T3)ad, Portland,Or) ,fir 421:_P4KLPPiA*M,OR.97231 23-54,--- --- 100 ----._ 48550 BA01 DR-IrE, NIKI'�.99635 R-09-51 0 JIIA_3TZN Via___.__.— --....._ __._. 4P550 13A ! DFt'VF NIjUS7I�AK,99635 `I-09-53 0 1 HI5 AHtA Ul-HIL;t L15E UNLY Ocense Numt— 7 e Approved , onn 04-301 Pm)o 1 Rev. 8/89) ---- -- - -_. 7- ------ -- --- --- Diretlole Slgnetu•a KENAI AIRPORT COMMISSION June 11, 1992 City Hall Council Chambers Chairman Bill Toppa *****MINUTES***** 1. ROLL CALL Present: Phil Ames, Brian Shackleton, Teresa Werner-Quade, Bill Toppa, Bonnie Koerber Absent: Bob Scott Also present: Ray Measles, councilman Randy Ernst, Airport Manager Loretta Harvey, Transcribing Secretary 2. APPROVAL OF AGENDA Agenda approved as presented. 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. APPROVAL OF MINUTES May 14, 1992 - Shackleton moved for approval of minutes as presented. Quade seconded. Passed by unanimous consent. 5. OLD BUSINESS a. Update on Aerial Photographs Ernst reported that the pictures had been taken the previous weekend. The aerials should be ready in two to three weeks. b. Float Plane Fuel Facility Ernst said that the tank: is finished and being painted. The City has been contacted by the bank that they need to establish an account to access the Petro -Vend system. This will set the project back a few weeks, but the fueling system should be completed by the end of July or first of August.. C. Drainage and Safety Improvements Project This project began June 8th and is progressing well and may be concluded ahead of schedule. KENAI AIRPORT COMMISSION June 11, 1992 Page 2 6. NEW BUSINESS a. Proposal for Lease of Airport Lands - Harvesting Hay Ernst noted the letter which had been sent by Bill Ward, Ward's Landscaping. Ernst said this would be a good time to consider such a proposal with the Airport Safety Improvement Project going on. However, the harvest would be confined specific sites to the west of the runway, which would involve approximately 200 acres. This project would have to go out to bid every five years since it's on FAA Lands." MOTION: Shackleton moved to recommend to Council that bids be solicited for harvest of hay on specific sites west of the runway, at the Kenai Municipal Airport. Ames seconded. Passed unanimously. 7. AIRPORT MANAGER'S REPORT 8. COMMISSION COMMENTS AND QUESTIONS Toppa said that he would be clone part of July and August. The Commission concurred to postpone meeting for the rest of the summer. The next meeting will be September 10th. Shackleton reported there ;has been some movement to use reconditioned contaminated soils for large construction projects. He wondered how the City would feel about using such soils in their projects, such as runway improvement, etc.? Ernst said he would check FAA regulations on using reconditioned soils. Toppa suggested that Shackleton research the possibility of using these soils and report at next meeting. The Commission could recommend to Council using these soils during the next construction season. Toppa also asked that Ernst set up a tour of the airport for new Commission members and also the new Flight Service Station Facility Manager. Ernst set the tour for Thursday, June 18th, 2:00 p.m. and said he would invite the new Manager. KENAI AIRPORT COMMISSION June 11, 1992 Page 3 9. INFORMATION ITEMS a. City Council Agenda 10. ADJOURNMENT There being no further business the meeting was adjourned at approximately 7:55 p.m. Respectfully submitted, oretta a Z�vey Transcribing Secretary BICENTENNIAL Vi eAc=aPt=e4,i&iaf,,-tV/ DATE: JUNE 26, 1992 TO MAYOR JOHN WILLIAMS KENAI CITY COUNCIL FROM: CHAIRMAN ART GRAVELEY PLANNING AND ZONING COMMISSION RE: TOWNSITE HISTORICAL COMMITTEE CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 At the meeting of June 24th, Chairman Craveley appointed Commissioner Kathy Scott, as the Planning and Zoning representative to serve on the above referenced committee. KENAI PLANNING & ZONING COMMISSION June 24, 1992 - 7:00 P.M. City Hall Council Chambers Chairman Art Graveley AGENDA 1. ROLL CALL 2.,. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - June 24, 1992 4. PLANNING 404011, a. Resolution PZ 92-17: Preliminary Plat - Bilderback SID 5. PERSONS PRESENT SCHEDULED TO BE HEARD 6. PUBLIC HEARINGS pa,,,Qm-a. Resolution PZ 92-16: Variance Sign Permit - Italian Gardens 4- „b. Resolution PZ 92-19: Conditional Use Permit Extraction of Natural Resources - Mike Pelch 7. NEW BUSINESS a. Vacation - Shoreline Heights SID *b. Resolution PZ 92-18: Renaming Streets 8. OLD BUSINESS 9. REPORTS a. City Council b. Borough Planning C. City Administration 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 1. Judith Bittner - Letter to City Council 2. Sue Carter - Letter to City Manager 3. Approved Ordinances 4. City Council Agenda 5. KPB Planning Commission Agenda 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT C KENAI PLANNING & ZONING COMMISSION June 10, 1992 - 7:00 P.M. City Hall Council Chambers Chairman Art Graveley •**MINQTES*** � • ROLL• �aT.T. Present: Phil Bryson, Duane Bannock, Art Graveley, Bernard Landeis Absent: Kathy Scott, Saylor Rehm, Carl Glick Also Present: Judy Bittner, State Historic Preservation Officer Councilman Hal Smalley Kim Howard, Administrative Assistant Jack La Shot, City Engineer Loretta Harvey, Transcribing Secretary Graveley opened the meeting and asked that items two through five be skipped until a quorum was established. 2. APPROVAL OF AGENDA 3. APPROVAL OF MIND= - May 27, 1992 4. PLANNING a. Application for Lease - Lot 3, Block 4, General Aviation Apron - Erik Barnes Kim Howard reported that Mr. Barnes had leased this land 20 years ago and this was a renewal of that original lease. Since the lease process with the City has changed alot since the original lease the City is requiring Barnes submit a current lease. Graveley asked if the applicant meets all the present lease requirements? Howard replied yes and asked the Commission if they recommended approval of the lease application. MOTION: Bryson moved to recommend to Council approval of Application for Lease to Erik Barnes. Landeis seconded. VOTE: Bryson yes, Landeis - Yes, Bannock - Yes, Graveley - Yes KENAI PLANNING AND ZONING COMMISSION June 10, 1992 Page 2 5. PERSONS PRESENT SCHEDULED TO BE HEARD a. Judith Bittner - State Historic Preservation Officer Division of Parks and Outdoor Recreation Office of Historical and Archaeology Preservation Bittner said that the State of Alaska has a State/Federal Program which provides funds at the Federal level which are matched by the State. Part of the programs responsibilities are to work with local governments to establish local preservation programs and Certified Local Governments. Graveley said that the main interest in the program for Kenai pertains to the Townsite Historic District. He then opened up the meeting to questions from the audience. Francis Meeks, Kenai Historical Society, said that he had been out of town and missed the public hearings on the rezone. He was concerned that the playground and area where the Fine Arts Gallery is would be left out of the TSH zone under the new boundaries. Claire Swan, Kenaitze Tribe, was concerned about the Native Culture being preserved within the zone. She felt the City should not just shrink the zone without forethought of the artifacts and heritage which may be lost forever. The tribe has been researching where artifacts were found and where they are presently. Dorothy McCard, Russian Orthodox Church, expressed concern about how this might impact the city. May 14th meeting public hearing, not one property owner objected to what they could do with their property. So she wondered why the zone needed to be reduced. She had talked to Chris Monfor about her concern over the size of the zone and Monfor was to have tabled the ordinance which allowed the rezone. When Monfor was not at the Council meeting the Ordinance was introduced. Mike Carpenter, property owner, also expressed concern about the size of the zone. He said he owns property right across from the church and was not notified. He felt the zone should remain as it is but the process of reviewing development should be clarified. Graveley explained that public hearing notices had been sent, howver, upon further review of the code it was found that legally the city did not need to sent notices. Bittner said it is important for what needs to be protected in an remain large enough to provide sites. It is also important to insure that new development a community to discuss and decide historic area. The area needs to an adequate buffer for historic do an inventory of all sites to and improvements to existing KENAI PLANNING AND June 10, 1992 Page 3 ZONING COMMISSION developments remain consistent with historic features. Bittner presented a slide program about becoming a Certified Local Government, (CLG). To become a CLG the City of Kenai would have to do four things: 1. Pass a local landmark ordinance. 2. Establish a historic preservation with individuals qualified in history, archaeology, and architecture. 3. Maintain a system for the survey and inventory of historic sites. 4. Provide for public participation in the historic preservation program, including the process of recommending properties for the National Register of Historic Places. After review and approval of a local government's program by the State Historic Office and the National Park Service, a community is certified. Nine cities in Alaska are presently CLG's. Each of these cities used there grant monies in different ways. The idea behind CLG's is to enhance and preserve the unique history of each city. Swan asked the difference between archaeology and historic preservation? She was also concerned how historic sites are identified. Something that may be historic to one person may not be historic to someone else. Bittner said that archeological resources are underground, such as buried artifacts, etc. A survey could be done to see where archeological resources are located. Smalley asked Bittner if she was familiar with the Kaspirsin Study, which did a fairly good job of identifying historic sites in the TSH zone. Bannock said he felt that the present ordinance needed revision. He asked Bittner if she could review the ordinance and make recommendations which would clarify this section. Bittner said she could help the city with the process of redefining the TSH zone code. 6. PUBLIC HEARINGS KENAI PLANNING AND ZONING COMMISSION June 10, 1992 Page 4 7. NEW BUSINESS a. Townsite Historic Zone Ordinance Graveley asked if Judy Bittner could attend a work session after the P & Z meeting June 24th. With Bittner's concurrence the work session for the TSH zone was set for June 24th, immediately following the P & Z meeting. 8. OLD BUSINESS 9. REPORTS a. City Council Smalley reported on the following agenda items: H-3. Ordinance No. 1499-92 - Amending the Official City of Kenai Zoning Map for Certain Lands Described as Portion of Section 5 & 6, TSN, R11W, Townsite Historic Zone. Introduced. The Public Hearing on this item will be at the June 17th, Council meeting. The Committee which is working on an indoor ice rink in Kenai, has identified land neat Kenai Central High School, which presently belongs to the State. The State is considering assigning this land to the Borough and then the Borough would consider giving, the piece to the City. Presently, it appears the rink could be built for approximately $1 million. The City of Kenai recently won the designation as an All America City. The City was represented by a delegation from Kenai, and was chosen for the hometown atmosphere represented by this group. Graveley wish to commend the All American City Delegation for the tremendous effort and work that went into this project. b. Borough Planning Commission Bryson reported that the Commission had begun review of the mooring buoys in the Kenai River. C. City Administration LaShot presented the plan for the proposed K-Mart. The building will be approximately 164,000 SF, and is expected to be open in the Fall of 1993. KENAI PLANNING AND ZONING COMMISSION June 10, 1992 Page 5 10, PERSONS PRESENT NOT SCHEDULED _ 11 NFORNATION ITEMS 1. Appeal CUP - Davidson 2. Letter From KPB Regarding Comprehensive Plan 3. City Council Agenda 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT There being no further business the meeting was adjourned at approximately 9:00 p.m. Respectfully submitted, Loretta Harvey, Transcribing Secretary ICMA NewslettCjL`' June 15, 1992 Vol. 73, No. 12 Register Early and Save ICMA urges members (:R regloV ',''ter early for the, 1992, ICMA , Annual Conference in Reno to _ obtain the lowest registration fee. The fees for those whop. "register before July, 8 are members $390/nonmembers �v $515. The fees for those who register before f, August 5 are ,,,P ' embers $f40/nonmembaersA e565r the rAutstn' members $490 r y ?: nonmeuibersG1 The ileadllae for submits the housing form is August 14, and rooms are reserved on a first -come, first -served basis. Members should have; �, received a copy of the �. preliminary conference prog,-,, ram packet by now. if you have not received a packet..';'. contact the ICMA conference;,, otline ,f ; 5 " i' y k'^ From the Professional Association of Appointed Administrators Serving Cities, Counties, Regional Councils, and Other Local Governments USAID Awards ICMA $14 Million Contract ICMA has been awarded a three-year, $14 million contract by the United States Agency for International Development (USAID) to fund a local government and housing privatization program in Poland, Czechoslovakia, Hungary, and Bulgaria. To provide specialized assistance in housing services to these Eastern European countries, ICMA will work with an international consortium of public and private organizations including the National League of Cities and the National Association of Housing and Redevelopment Officials. Eastern European countries recently have transferred responsibility for housing and municipal services to newly elected . local governments. Because national and local housing policies . and regulations currently in effect in those countries are not geared toward prtvate-sector housing development, outside assistance is needed to help design and implement required changes, as well as meet the severe housing shortages. The initial focus of the program will be to send housing experts on a series of short-term technical assistance assignments for work In Eastern Europe. NCL Announces All -America City Awards Ten communities were chosen from 141 entries —the largest applicant pool in over 20 years— as winners of the National Civic League's 1992 All -America City Award. The award recognizes , excellence in strengthening the problem -solving capacity of America's communities. The award -whining communities, including eight ICMA-recognized local governments, are: • Billings Area, Mont. (113.400; Alan Tandy, city administrator) • Columbus, Ohio (632,910) • Delta, Colo. (3,789; Stephen Shutt, city manager) • Harlingen, Tex (48.735; Mike Perez, city manager) • Jacksonville. N.C. (77.685; Jerry Bittner, city manager) • Kansas City -Wyandotte County, Kans. (162.026; David Isabell, city administrator) • Kenai. Alaska (6,327: William Brighton, city manager) • Little Rock, Ark. (175.795: Thomas Dalton, city manager) • Minot, N.D. (34.544) • Rockford, Ill. (139.426: Samuel Schmitz, city administrator) Inside: See Supplement No. 2 for information on placing a classified advertisement in the Placement and Support Services section of the ICMA Newsletter. Issue dates, deadline dates for submission of ads, and advertising rates are detailed in the supplement. 515 North Court P.O. Box 1747 Rockford, Illinois 61110-0247 Phone: 8151987-810( Far : 8151987-8122 Rockford Area Chamber' of Commerce June 16, 1'� %2 Carol L. Freas Ci-:y Clerk Cit-y of Kenai 210 Fidalge Ave. Kenai, Alaska 99611 Dear Carol, As one of the 1992 All America Cities to another -- congratulati_ons ! Your community is to be commended for all the hard work it. takes to put together an All America City effort. Your projects and citizen commitment are to be commended. I ]_ook forward to learning how you USE, your recognition to market yot:.r community and increase civic pride. Again, congratulations to Kenai. Sincerely, Susan Grans Vice President SG:eac Accredited Chamber of Commert:e National 1301 Pennsylvania Avenue N.W. Officers League Washintato7, D.C. Presoent I Of 20004 Glenoa E hood Commissioner. Onaedo F Cities (202) 626-3000 Fax: (2C2) 626-3043 First Lace President June 16, 19 9 2 Dona 7 M F•aser Mayo, Minn"apoos M onesola Second Vice Presrdeif Sharpe James Mayor Neiva�k. New Jersey Immediate Past President The Honorable John j . Williams SdneyJ Ba�ihelemp Mayor May o, New Oneans Louisiana Executive Director 210 Fidalgo Avenue Donald Borut Kenai, Alaska 99612. Dear Mayor Williams: Cc.i,ngratulat.ions on having your community named an All American City! Your achievements are: a model for cities, towns and villages all across America. There has always been trdmendous energy and initiative on the part of citizens and elected officials at the local level. The recognition brought by the All American City award serves to reinforce this fact. On behalf of all the members of the National League of Cities, I commend you and the other leaders in your community for the effort and creativity that has earned you this award. I have enclosed the most recent issue of NLC's newspaper, Nation's Cities Weekly, which includes a feature story on all the award winners. Our goal is to spread the information about these ten successful programs so that others might learn from your experiences. I am sure you will agree that learning and sharing ideas with other local elected officials can be most productive. Again, congratulations Sincer y, Donald J Bor Executive Director on being an award winner. 1: t!r N. 992 t Past Presidents.: Tom Bradley, Mayor Los Angeles Calik? nia • Ford L Harrison, Mayor, Scot and Neck. North i Carolina • Cathy Reynolds, Councilwoman -at -Large. Denver, Colorado • Direchrrs: Joseph L. Adams, Councilmember, University Coy Missoon • Victor Asher Mayor, Knoxville. Tennessee • Barbara M. Asher, Councilmember, Atlanta. Georgia • Margaret Carroll Barrett, Couaacd Member, Jackson, Mississippi • Kenneth Bullock, Executive D,,,i Utah League of Cities and Towns • James V. Burgess, Jr., Executive Director, Georgia Municipal Association • William D. Burney, Jr., Mayor, Augusta, Maine • Jon C. Burrell, Executive Director Maryland Municipal League • Patricia Castillo, Mayor, Sunnyvale, Cahfornia • Peso Chavez, Councilor. Santa Fe, New Mexico • Larry D. We, Mayor, Beaverton, Oregon • John G. Curran, City Council President, Rochester, New York • Beth Boosalis Davis, Alderman, Evanston, Illinois • Thomas G. Fitzsimmons, E xecutive Director, Illinois Municipal League • Martin Gipson, Alderman, North Lime Rock, Arkansas • Gardest Gillespie, Council President. Gary, Indiana • Vicki H. Goldboum, Councilwoman, Southfield. Michigan • Charles K. Hazams, Mayor: Rochester, Minnd.;sota • William Jarockl, Executive Director. Association of Idaho Cities • Lawrence J. Kelly, Mayor, Daytona Beach, Flo; da • Bob Knight, Mayor, Wichita, Kansas • Christopher G. Lockwood, E aecuhve Director, Maine Municipal Association • Gary Markenson, Executive Director, Missouri Municipal League • Jeffrey T. Markland, Mayor, Urbana, Illinois • Gary McCaleb, Mayor, Abne,e Texas • Meyera Oberndorf, Mayor, Virginia Beach, Virginia • Judith P. Olson, Councilmember, Madison, Wiscomsi Charles J. Pasqua, Executive Director. Louisiana Munia,^.al Associalio . • Elaine A. Pfalzgraf, Councilmembe, Cedar Falls. Iowa • Sandra Pickett, Mayor Pro Tempore. Liberty, Texas • Mark Schwartz, Council Member, Oklahoma City, Oklahoma • William F. Stallworth, Councilman. Biloxi. Mississipr- • Daniel K. Tabor, Councclmember, Inglewood, California • Paul E. Thornton, .nu�c,imembei Vienna, West Virginia • Doris Ward, Sul,-srvisor I rancis::o. Caifornia • Wellington Webb. Mayor. Denver. Colorado • Mary Rose Wilcox, Councilwoman. Phoenix. Anzt--s Rillastine R. Wilkins, Councilwoman Muskegon He,.Iits. Mr nic;ai Alice K. Wolf, Mayor. Cambncge. Massachu,etts • Robert G. Young, Jr., Mayor, Henderson, North Carolina i<ecv e� Pape Nation's Cities Weekly June 15, 1992 Ten communities designated 'All America Cities' by Laura Turner fen communities that improved their quality of fife through citizen cooperation have been named All America Cities in the 43rd annual competition sponsored by the National Civic League and Allstate Foundation. Eight of the winners —Kenai, Alaska; L itt)e Rock, Ark.; Delta, Colo.; Rockford, Ill.; Kansas City -Wyandotte County,' li Billings, Mont.; Jacksonville, N.C.; and Columbus, Ohio —are NLC direct member cities'. Minot, N.D. and Harlingen, Tex.were also chosen as winners from among 10, finalists after making presentations to the,, AAC jury and preparing community ei *mu=c PIXW *NMX J Rpm i I OP. on KOTA hibits for a Civic Action Fair held June 4-,,,, Minot, N-D.—MinotArea Develement Corporation President Let Peterson 6 in Charlotte, N.C. course menu of economic development money only a portion of What is ev "Each ofthe winners ,"saicir4f�g 5 im utive rArector Don Bcirut, "illustrates ;iZ, success that can be achieved when IbW, leaders share ideas, team from colleagues, and peers and then apply those ideas their own home towns. We congratulate the "creiiii shown by these communities in leading the way, to more effective' use of municipal re sources to improve the quality of life nation's cities,"Boirutsai Kenai highlighted three projects rye lated to the long -term goal of preserving.,the values of the American iiifamily, argil`'' ,asthe'heed lai'ecoi dii bemeiiflitiii� I cultun- brings to the community-. afford" 'Each of the winners illustrates the success thW,�-- can be achieved when local', leaders share ideas, learn' citizens to the Persian Gulf tlsan any other U.S. community, created o Caring Community Committee to provide sup- port, counsel and guidance to families with members in the gulf. Working with the state, U.S. ind Ca- nadian governments and two Canadian Provinces, Minot secured construction of two dams in Canada to provider flood protection to the entire Souris River Val. ley. The unique international agreement now protects Minot from one of its most serious threats to economic growth, re- pealed flooding. Columbus won its third All Americak ilk, City designation for udlizating P;�� r.-, private -nonprofit partnerships to Con' front the challengesofdrug abuse, Ac- ;P'-;. ."These ten c6immunitim%t� v effectively tively harnessedi�," Civic pride and public--; private partnershipq to, improvei economkikIN, m� conditions. and quality Of I> e at the local level." -Christopher T Vice President National Civic Leaitue" from colleagues and peers. I ! 11-0i — A!mp!WM!41�: Rockford, Ill. —Students are a msoor source of recycling energy. Here students from Lini and then apply those ideas Middle School load a truck with phone Ji collected during a special phone book recyclini drive to their own home towns.", 7 Don Borut NLC Executive Director able housing for senior citizens, a center, for domestic violence ,and child abi victims and a new Biceniiisimial Villtob- and Cultural Ceiiter. 0 ",' A 44�7 Faced with dectinirigpopuladon;TWO health care costs and increased substani pn)" abuse, Little Rock created a unique f`� gram called "Fight Back/Insure the Chfl-,,�. dren" which insures substance abuse' prevention and treatment for all 26,0%) public school students. (See The Weekly September 23, 1991.). Delta transformed its deteriorating northern edge from an industrial minting area of abandoned buildings and sewer lagoons into a 305-.acre commercial and recreational complex at minimal cost to its citizens Rockford leads the state of Illin6is in recycling programs and has diverted More than 32,000 tons of refuse in less than two years. More than two-thirds of city residents recycle, and businesses, city government and volunteers work to- gether to continually improve programs. Through its new Stanley School, Kan. Columbus, Ohio —The contiatimity, devela;W AIDS in their low-hicidencecommismifi* sais City and Wyandotte County have, shown that any school can succeed wiwA:. its client population works together &Q, cording to a common vision. Billings drafted a strategic ptwuft,. process to restructure the area economy, Compnifienisive approach to and design an intervention model for change. The community also drew up a plan to reduce sulfur dioxide emissions and built a new natural habitat zoological parlic. Jacksonville, which sent more of its and education. Hatilini Ic"N'ered Itilk ' high school drop -out rate by 17 percenii, increased employment by 16 percent re- cluced litter and established a dovMtVi soup kitchen staffed and funded by, local churches to serve the community's.. homeless and low-income populations. ' '"these ten communities have effect' tively, harnessed civic pride and p blf private partnerships to improve eaii�4­­­�.` nomic conditions and quality of life at die" local level;' said league vice presideni , CbristopherT Gates. Other finalists, selected in late April from a record 141 applicants, were ; Chandler" Ariz; Avenal, Glendale and Monterey Park, Calif.; Horolulu:1­ Nampa, Idaho; Bloomington and; Huntingburg, bid, Lini Kan,; 01 ensboro-Daviess County, Ky.; Newton,' Masi Columbus, Neb., Southport , N.C.",," Portland, Ore.; Pottsville and Reading, Pa.; East Providence, ILL; Sumter, S.(:,,,!' Houston, Tex. and metropolitan Black River Falls, Wise The National Civic Lei which ad-' ministers the competition, i!, a nonprofit, non-partisan educational association founded in 1894 to promote democratic' valui and broadly based, participatory problem solving The Allstate Foundation, created in 1952 by Allstate Insurance Company to provide financial suport for safety, health and human services, educationi civic and community projects and efforts, has sponsored the program since 1989. For more information, contact the PMr grain director, Wendy Dickstein, Na- tional Civic League, 1445 Market Street, Suite 300, Denver, Colo. 802011-1728; Telephone: (303) 571-4343; FAX (303) 571-4404. 0 ` A f w\ 4 f . . - TREE CITY 'A BONNER SPRINGS June 17, 1992 Ms. Carol L. Freas OP SUN 1992 City Clerk City of Kenai 210 Fidalgo Avenue m, Kenai, Alaska 99611 Dear Fellow Winner: Greetings to a fellow winner and "congratulations" on being named one of the ten "Ali -America Cities" of 1992! We are enjoying our success here locally, as I am sure you are also. I am sending you a copy of our City Newsletter, which denotes all of the winners. Our community is at present hard at work on the marketing aspect of the award, forming committees and making decisions on how to keep our citizens informed as to what an "All - America City" is all about. Best wishes for your future. Sincerely, dfvn'i T. A. Stolfu , DVM Mayor TAS:rh AN ALL-AMERICA CITY - J (J -- `J 205 E. 2nd STREET, P.O. BOX 38, BONNER SPRINGS, KS 66012 913-422-1020 — FAX 913-441-1366 KANSAS CITY/WYANDOTTE COUNTY NAMED 1992 ALL-AMERICA CITY KANSAS CITY/WYANDOTTE COUNTY, INCLUDING BONNER SPRINGS AND EDWARDSVILLE, WERE SELECTED AS A 1992 ALL-AMERICA CITY IN CHARLOTTE, NORTH CAROLINA, ON JUNE 6. THE ALL-AMERICA CITY AWARD RECOGNIZES EXCELLENCE IN STRENGTHENING THE PROBLEM -SOLVING CAPACITY OF AMERICA'S COMMUNITIES. THE THREE PROJECTS CITED IN -THE KCK/WYANDOTTE COUNTY ENTRY WERE: THE WYANDOTTE COUNTY STRATEGIC PLAN, 20 GOOD MEN AND THE NEW STANLEY SCHOOL. Thirty United States communities were selected as finalists in the 43rd Annual All -America City Award Program conducted by the National Civic League based in Denver, Colorado. The program is sponsored by The Allstate Foundation. Each of the 30 finalists made formal presentations to the AAC Jury from June'4 thru 6 in Charlotte. Out of the thirty finalists, ten winners were announced as follows. It should be noted that the two unanimous votes from the jury were for Kansas City -Wyandotte County and Kenai, Alaska. Kansas City -Wyandotte County, Kansas Kenai, Alaska Little Rock, Arkansas Delta, Colorado Rockford, Illinois Billings Area, Montana Jacksonville, North Carolina Minot, North Dakota Columbus, Ohio Harlingen, Texas An 18-member screening committee met for two days of deliberations during which 141 applications were reviewed. The program brought in a record number of applications this year, representing a 46 percent increase over last year, and an 80 percent increase in the total population represented. The National Civic League was founded in 1894 by Theodore Roosevelt and other civic reformers of that era for the purpose of promoting aptive citizen involvement in community problem solving. KANSAS CITY WYANDOTTE COUNTY h, all All -America City v I F I ti s ycs �o 1992 'i Il'R' C BYRD WEST I..INIA_C'-IRMA^, LIANIEL K INOUYE HAWAII KIRK 0 I�ATFIELD CIREGC`N ERNEST F HOLLINI S SOUTH CAROLINA TI.": STEVENS ALASKA BENNETT JOHNSTON LOUISIANA i-F GAR'1. UTAH UUENTIN N BURDI, K NORTH DAKOTA THAD COCHRAN M SSISSIRRI FATRICK J LEAHY, VERMONT ROBERT W KASTEN JR, WISCONSIN _IIM SASSER TENNf SSEE AI FONSE M 0 AMA fO. NEW YORK L ENNIS 0FCONCIN ARIZCINA WARREN RUDMAN NEW HAMPSHIRE LALE BUMPERS. AF KANSAS Ali EN SPf CTER PENNSYLVANIA FRANK R LAUTENBR R(, NEW JERSEY P-"F V D(MENICI NEW MEKICO TOM HARKIN IOW/ D,.:N NICKI ES, OKLA.HOMA BARBARA A MIKUI ik� MARYLAND P •'. I_ GRAMM. TE%A', HARRY REID. NEVA I:A C'-ISTOP-IER S BOND MISSCUI". BROCK ADAM S. W/SN�NGTON ,r .ODE GOIiTON. WASHING'OI, WY HE FOWLER. J', (,EORGIA J ROBERT KERREY NEBRASKA i AMES H ENGLISH STHvi DIRE(. TOR J KEITH KENNEDY MINOR T, STAFF )IRECTC1 2intttd �5- tatts �*Itnatt COMMITTEE ON APPROPRIATIONS WASHINGTON, DC 20510-6025 June 15, 1992 The Honorable John T. will.iaii.Ls Mayor The City of Kenai 210 Fidalgo Kenai, Alaska 99811 Dear John: Z? r t. JUN 1992 In May, I wrote to congratulate you for Kenai's selection as a finalist in the 1992 All -America City Award Competition. I am greatly pleased to now congratulate you for Kenai's selection as a 1992 All -America city in the finals competition. According to the story I read, the Kenai Committee really did a job against the bigger cities, even those with substantial resources invested in the competition. It's nice to see a smaller community with great programs recognized over the big guys. The City of Kenai is a true Alaska gem, and I'm sure this selection will help to continue Kenai's prosperity. Congratulations again on the effort it took to bring the award hone, and on the Ci4-yI-- =ro^,rarns and nennl. ? which allowed it to be considered and chosen for such an honor. With best wishes, Co pally, 6!�J \_ TED STEVENS CITY OF SEWARD P.O NU% 16' SMAKD, ALASKA 99664 June 15, 1992 MR. BILL BRIGHTON City Manager City of Kenai. 210 Fidalgo Avenue Kenai, Alaska 99611 Dear Bill: • Main O� • Police (" • Harbor • Fire (907) 224-3445 • Telecopier (907) 224 1248 OF K'� ��iv I want to extend our congratulations to you and the City of Kenai for its recent designation as an All American City for 1992 by the National Civic. League. I am sure that your community deserve; such acclaim through its positive efforts and forward :Leadership displayed by its elected and administrative leaders. Our community continues to promote itself as an All American City which we received on two occasions and L can assure you that the pride received from an All American City designation will last for decades to come. Congratulations on your. Efforts and your accomplishments from your peninsula neighbors! Sincerely CITY OF SEWARD, ALASKA Darryl Schaefe.rmeyer City Manager 234,� Suite 106 • Kenai, Alaska 99611 • (907) 283-3335 FAX MEMORANDUM TO: Bill Brighton, City Manager FROM: Stan Steadman, EDD Executive Director RE: All -American City Recognition DATE: June 23, 1992 13 KENAI PENINSULA BOROU13H ECONOMIC DEVELOPMENT DISTRICT, INC., Last week I received a call from City Council Member Chris Monfor in which she shared with me her enthusiasm and expectation for the opportunities opened up for the City of Kenai and the Peninsula as a result of the All -American City Award. I could not agree with her more. I would like to assure you that I and my staff have already initiated efforts to capitalize on this recognition for the benefit of Kenai and the region. It would be much appreciated if you could keep me informed of any initiatives which the City undertakes and with which we may assist in the All -American City promotion. As for the EDD, we have already taken positive steps. As an example, you are aware that I am coordinating a delegation of 5 Kenai Peninsula planners who will be attending the Western Planner Conference in Rapid City in July. Our purpose in attending is, in part, to present an invitation to attend the 1993 conference to be held in Homer. The delegates to the conference met last week and are convinced that the All -American recognition will be an excellent marketing tool for the conference. We intend to integrate the All -American theme in our booth and presentations in Rapid City, and we are developing plans to bring the 1993 conference group on a visit to the "All -American City" as part of a day -long mobile workshop. Included in the workshop group will be representatives of a variety of state and federal agencies and members of regional and national organizations. Showcasing Kenai in this way should lead to future benefits. Also, we are developing plans to invite planners from Peninsula sister cities in the Pacific Rim. I might add, federal funding agencies want to be part of success stories. The recognition the City has received is very timely given the Mining and Petroleum Training School's (MPTS) intention to submit an application for EDA Public Works funding for the Fire Training Facility. While Public Works funds are very tight right now, teaming up with MPTS and the City of Kenai, given their recognized success, should prove very enticing to EDA. Congratulations to the City of Kenai! AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 17, 1992 BOARD OF ADJUSTMENT - APPEAL OF BOB E. WORTHAM RE: CONDITIONAL USE PERMIT OF LEILA R. DAVIDSON A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on -the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS 1. Ordinance No. 1488-92 Amending KMC' 22.05.080 to Provide for Grant or Donation to Non --Profit Housing Corporations of Foreclosed Property Held by the City for More than Ten Years. 2. Ordinance No. 1499-92 Amending the Official City of Kenai Zoning Map for Certain Lands Described as Portion of Section 5 & 6, T5N, R11W, TOWNSITE HISTORIC ZONE. 3. Ordinance No. 1502-92 Inc:reasing Estimated Revenues and Appropriations by $196,600 in the General Fund to Purchase Land from the Airport for• the New Court Facility. 4. Ordinance No. 1503-92 Inc:reasing Estimated Revenues and Appropriations by $11,740 in the Airport Drainage and Safety Zone Improvements Project:. 5. Resolution No. 92-41 Committing $100,000 from Capital Improvement Funds in the 1992-93 Budget, as Matching Funds to a Grant for Expansion of the Kenai Fire Training Facility•. 1 6. Resolution No. 92-42 Requesting the Kenai Peninsula Borough Assembly to Apply for Transfer of Title of Certain Land From the State of Alaska Department of Natural Resources to the Kenai Peninsula Borough. 7. Resolution No. 92-43 Awarding a Contract for the Construction of the Set Net Drive and Set Net Court Improvements to Alaska Roadbuilders for the Basic Bid of $173,017.00. 8. Resolution No. 92-44 Awarding a Contract for Engineering Inspection for the Project Entitled "Set Net Drive and Set Net Court Improvements" to William J. Nelson & Associates, P.E., for the Not -To -Exceed Amount of $17,620. 9. Resolution No. 92-45 Awarding the Bid for the Project entitled "Kenai Parks & Recreation - Furnish Playground Equipment" in the amount of $27,754. 10. Resolution No. 92-46 Awarding a Recording and Transcribing Minutes Secretarial Contract in the amount of $17.45 Per Hour for a Period of July 1, 1992 to June 30, 1993 to Earlene Reed d/b/a Earmark Secretarial Service. 11. APPROVAL - a. Application for 1992 Liquor License of Arirang Restaurant/Si Chan Sin: 145 S. Willow St. - Restaurant/Eating :Place. b. Restaurant Designation Permits Application for Restaurant/Eating Place - Si Chan Sin d/b/a Arirang Restaurant. 12. *APPROVAL - 1992.Application for Monte Carlo Permit for American Legion Kenai Post 20. D. COMMISSION1 COMMITTEE 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 June 2, 1992. ICMA Newslett From the Professional Association of Appointed Administrators Serving Jtzne 15, 1992 Cities, Counties, Regional Councils, and other Local Governments Vol. 73, No. 12 USAID Awards ICMA $14 Million Contract ICMA has been awarded a three-year, $14 million contract by the United States Agency for International Development (USAID) to FR CD fund a local government and housing privatization program in Poland, Czechoslovakia. Hungary, and Bulgaria. To provide specialized assistance in housing services to these Eastern Register Early and Save European countries, ICMA will work with an international ICMA urges members to regis- consortium of public and private organizations including the ter early for the 1992 ICMA National League of Cities and the National Association of Housing Annual Conference in Reno to and Redevelopment Officials. obtain the lowest registration Eastern European countries recently have transferred fee. The fees for those who responsibility for housing and municipal services to newly elected register before July 8 are local governments. Because national and local housing policies members $390/nonmembers and regulations currently in effect in those countries are not $515. The fees for those who geared toward private -sector housing development, outside register before August 5 are assistance is needed to help design and implement required members $440/nonmembers changes, as well as meet the severe housing shortages. The $565; the fees after August 5 initial focus of the program will be to send housing experts on a .1 are members $490/ series of short-term technical assistance assignments for work N nonmembers $615. in Eastern Europe. The deadline for submit- ting the housing form is August 14, and rooms are reserved on NCL Announces All -America City Awards a first -come, first -served basis. Ten communities were chosen from 141 entries— the largest Members should have applicant pool in over 20 years— as winners of the National Civic received a copy of the League's 1992 All -America City Award. The award recognizes preliminary conference prog- excellence in strengthening the problem -solving capacity of ram packet by now. If you. America's communities. The award -winning communities, have not received a packet, including eight ICMA-recognized local governments, are: contact the ICMA conference • Billings Area, Mont. (113,400; Alan Tandy, city administrator) hotline at 202/962-3655. • Columbus, Ohio (632,910) hay • Delta, Colo. (3,789; Stephen Shutt, city manager) • Harlingen, Tex. (48,735; Mike Perez, city manager) DeadHn'fe for une 29: une• . Jacksonville, N.C. (77,685; Jerry Bittner, city manager) Kansas City -Wyandotte County, Kans. (162,026; David Isabell, city administrator) { • Kenai, Alaska (6,327; William Brighton, city manager) • Little Rock, Ark. (175,795; Thomas Dalton, city manager) • Minot, N.D. (34,544) .' °. °°"°a` • Rockford, Ill. (139.426: Samuel Schmitz, city administrator) . 1CMA�t *+++rowax mow�ar Inside: See Supplement No. 2 for information on placing a classified advertisement in the Placement and Support Services section of the ICMA Newsletter. Issue dates, deadline dates for submission of ads, and advertising rates are detailed in the supplement. J. DISCUSSION 1. Citizens (five minutes) 2. Council R. ADJOURNMENT KENAI CITY COUNCIL REGULAR MEETING JUNE 17, 1992 KENAI CITY HALL COUNCIL CHAMBERS 7:00 P.M. MAYOR JOHN J. WILLIAMS, PRESIDING BOARD OF ADJUSTMENT - APPEAL, OF BOB E. WORTHAM RE: CONDITIONAL USE PERMIT OF LEILA R. DAVIDSON The verbatim of the Board of Adjustment proceedings are attached hereto and made a part of the record herein. ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:37 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, Smalley, McComsey, Monfor, Swarner, and Walker. Absent was Measles. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD: C-5a, Substitute Resolution No. 92-41, regarding matching funds to a grant for expansion of the Kenai Fire Training Facility. MOVE: C-11, 6/11/92 and 6/17/92 Kenai Peninsula Borough letters regarding Arirang Restaurant's 1992 Liquor License Application. ADD TO CONSENT AGENDA. ADD: H-2, Purchase Order to McCool, Carlson, Green - 30 additional plans and specifications for the Kenai Courthouse - $2,722.09. MOVE: H-5 AND H-6 from regular agenda and place on CONSENT AGENDA. MOVE: Information Item #12 and place at H-9 for approval. Change Order No. 9/Kenai Congregate Housing/$560.28. ADD: H-10, 1991 Liquor License Renewal Protest - Rainbow Bar & Grill - Waiver. KENAI COUNCIL MEETING MINUTES JUNE 171 1992 PAGE 2 ADD: I-1, 6/11/92 Salamatof Tribal Council request for a letter of support for their development effort known as the Spirit Lake Project. MOTION: Councilman Smalley MOVED for approval of the agenda as amended. There were no objections. 80 ORDERED. A-6. CONSENT AGENDA Mayor Williams requested the: following change to the Consent Agenda: ADD: C-11, 1992 Liquor License Application - Arirang Restaurant. ADD: H-5 AND H-6 (from regular agenda). MOTION: Councilman McComsey MOVED for approval of the Consent Agenda as amended and Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENT None. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1488-92 - Amending KMC 22.05.080 to Provide for Grant or Donation to Non -Profit Housing Corporations of Foreclosed Property Held by the City for More than Ten Years. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1488-92 and Councilwoman Swarner SECONDED the motion. Barry Eldridge - 269 Bowpicker Lane. Eldridge stated he is a representative from the Site Selection Committee of the Peninsula Habitat for Humanities. Eldridge referred to information KENAI COUNCIL MEETING MINUTE'S JUNE 17, 1992 PAGE 3 distributed to Council in their packets. Eldridge stated that the adoption of the ordinance will allow the City to become a partner and allow the organization to move ahead with the building of a home in Kenai. Eldridge requested Council's support. Eldridge offered to answer questions if any. Marta Eldridge and Tony Doyle were also noted to be in attendance to answer questions. Williams, referring to the ordinance, asked if the organization will be paying all the back taxes before taking control of the property. Eldridge stated that they would prefer that this be an outright donation of property, but are willing to pay the taxes. Williams asked Finance Director Brown if he had the amount of taxes, penalties and interest owed. Brown stated he did not have that information with him. Williams spoke of four large Habitat for Humanities projects in Charlotte, North Carolina that he toured while attending the All - America City competition. Williams stated he was impressed by the projects and that they benefitted many people. The receivers of the homes were required to put in 100 hours of sweat equity in their home and 100 hours in another receivers' home. One of the projects was built through an vocational education program. One home was built by all women ]laborers. Williams added that the Habitat for Humanities program is stepping in where HUD has failed. Williams stated that: the properties used for the project were either foreclosed properties, abandoned, burned out, or taken during drug busts, etc. McComsey stated his concern that if property is given to one entity, then it must be given to another. Williams answered that he believed it to be at the discretion of the Council as stated in the ordinance. Attorney Graves added that it is at the Council's discretion and that. he does not foresee a problem. Eldridge added that the organization is a non-profit one making available low income homes. Eldridge believes the ordinance makes the property availability discretionary also. Eldridge also stated that the receivers of the homes pay no interest rate which cuts out a major debt service. Also, Habitat for Humanities can reacquire the property if necessary. The organization makes no profit. What is collected is used for paying for materials and then to build more homes. KENAI COUNCIL MEETING MINUTES JUNE 171 1992 PAGE 4 Walker stated that the information distributed stated the organization is a Christian housing ministry. Walker asked if there is a problem with church and state. Graves stated that he is not aware of any problem with that. Graves added that as long as religion is out as a criteria, there should be no problem. Eldridge stated that the criteria is open to anyone who applies, no matter -what their religious beliefs. Walker stated concern with building low income housing in areas where there are more expensive homes. Low income houses may present some complaints. Walker stated that there are no covenants mentioned in the paperwork. Walker stated that he believes the property should be sold instead of given away. Walker is concerned that the low income houses will lessen the value of other adjacent lots. Eldridge stated that the selection committee base their selection based on the greatest need, perhaps where the persons are presently living. Williams added that the house will be placed on the tax rolls at fair market value. VOTE: Monfor: Yes Smalley: Yes Swarner: Yes MOTION PASSED. BREAK: 8:07 P.M. BACK TO ORDER: 8:25 P.M. Measles: Absent McComsey: No Williams: Yes Walker: No C-2. Ordinance No. 1499-92 - Amending the Official City of Kenai Zoning Map for Certain Lands Described as Portion of Section 5 & 6, T5N, R11W, TOWNSITE HISTORIC ZONE. MOTION: Councilwoman. Monfor MOVED to table Ordinance No. 1499-92 and Councilman Walker SECONDED the motion. There was no debate required. There were no objections. SO ORDERED. A joint Work Session was set for June 24, 1992. The time will be set after reviewing the P&Z agenda. Councilman Smalley requested that copies of the Kasprisin report and the Townsite Historic KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 5 code be available for handouts. Also requested that was that Father Nicholas Harris be informed of the work session time. C-3. Ordinance No. 1502-92 - Increasing Estimated Revenues and Appropriations by $196,600 in the General Fund to Purchase Land from the Airport for the New Court Facility. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1502-92 and Councilman McComsey SECONDED the motion. There were no public comments. Monfor asked how much money the City will have tied into this project after this expense. Brown stated that in addition to this amount, about $70,000, which includes buying out the Grace Drilling lease, inspection work on the land and a few administrative costs not reimbursed. In total, probably less than $300,000. Williams referred to the architect's letter wherein he states that he anticipates a total cost of $5.54 million for construction only. Brown stated that he expects the total City cost for the project by completion will be less than $300,000. VOTE: Monfor: Yes Measles: Absent McComsey: Yes Smalley: Yes Williams: Yes Walker: Yes Swarner: Yes MOTION PASSED UNANIMOUSLY. C-4. Ordinance No. 1503•-92 - Increasing Estimated Revenues and Appropriations by $11,740 in the Airport Drainage and Safety Zone Improvements Project. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1503-92 and Councilman McComsey SECONDED the motion. There were public or Council comments. KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 6 VOTE: Monfor: Yes Measles: Absent Smalley: Yes Williams: Yes Swarner: Yes MOTION PASSED UNANIMOUSLY. McComsey: Yes Walker: Yes C-5. Resolution No. 92-41 Committing $100,000 from Capital Improvement Funds in the 1992-93 Budget, as Matching Funds to a Grant for Expansion of the Kenai Fire Training Facility. MOTION: Councilman Walker MOVED for approval of Resolution No. 92-41 and Councilman Smalley SECONDED the motion. MOTION TO AMEND: Councilman Walker MOVED to amend the resolution to incorporate C- 5a, Substitute Resolution No. 92-41 and Councilman Smalley SECONDED the motion. There were no public comments. McComsey asked if the $200,000 has been received from private corporations. Williams stated that from his discussions with EPA and. Dennis Steffy (MAPTS), not at this time, however efforts are being made to get those commitments. If the University gives $200,000, industry $200,000, and the City $100,000, they may be able to ask for a $7 million grant from EPA. Williams added that the resolution is written with the "intention" to commit. If the ability to receive the grant funds comes to a reality, he will come back to Council for a commitment of the funds. Walker stated that the MAPTS training has become a requirement for the major industries in the state. He will support the resolution. Williams added that he believes there are other industries, such as fishing, that will require this training in the future. McComsey stated that he believes the oil companies prefer sending their people Outside. Williams stated he hopes this will change in the future. Williams added that the program is growing and sees use by Russian crews in the future also. Walker stated that the oil industry may prefer sending their people Outside, however, there are eight: service personnel to KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 7 every on industry person. The cost will be much lower to the service companies to send personnel to a local school. Walker believes this is a high priority item. VOTE: Councilman McComsey requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-6. Resolution No. 92-42 Requesting the Kenai Peninsula Borough Assembly to Apply for Transfer of Title of Certain Land From the State of Alaska Department of Natural Resources to the Kenai Peninsula Borough. MOTION: Councilman Smalley MOVED for approval of Resolution No. 92-42 and Councilman McComsey SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. Williams stated that he believes this transfer can be fast -tracked to the Borough. Williams has assurance from Mayor Gilman that the property will be dedicated for a hockey rink. Williams added that the Task Force has discussed a cold weather rink that will cost approximately $1 million,. It would be used for a hockey rink in the winter and other uses in the summer. Williams stated that he has discussed with the City's legislators to use the remainder of the financing for the Congregate Housing Project to build the rink. Councilwomen Swarner and Monfor stated "NO." Councilwoman Monfor stated that money will be used for the congregate housing project. Monfor added that Council minutes state that the money, which the seniors Lobbied for, will be used for that project. Williams asked Brown how much. money is left in the account. Brown answered, approximately, $600,000. Brown added that thought should be given to costs for change orders and problems in the future that may use those funds. Monfor stated that the project needs to be completed before using the funds for other items. Monfor added that she will disagree with using the funds left for other items "all the way." Monfor stated that the Council made a commitment and she will not be made a liar. Monfor stated that the seniors got the money through their hard work and lobbying efforts. Williams stated KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 8 that he worked on getting the money also. Williams added that if there is money left over, it could be used for other projects. Williams stated that he has suggested to the hockey people that there must be at least 100 families that are deeply dedicated to the continuance of the hockey program. Williams added that those people will need to donate one of their Permanent Fund checks to the project. Smalley added that those hockey families have probably spent two to five of the cheeks toward the hockey programs. Williams stated that if the Council feels strongly about using the Congregate Housing monies for the housing project, he will find another way to find funding. City Manager. Brighton stated that it is still a good resolution and that it, is better to have the property in the Borough's hand than the States. VOTE: There were no objections to the request for Unanimous Consent. SO ORDERED. C-7. Resolution No. 92-43 Awarding a Contract for the Construction of the Set Net Drive and Set Net Court Improvements to Alaska Roadbuilders for the Basic Bid of $173,017.00. MOTION: Councilman McComsey MOVED for approval of Resolution No. 92-43 and Councilwoman Monfor SECONDED the motion. Councilman McComsey requested UNANIMOUS CONSENT. There were public or Council comments. VOTE: There were no objections to the motion. SO ORDERED. C-8. Resolution No. 92-44 Awarding a Contract for Engineering Inspection for the Project Entitled "Set Net Drive and Set Net Court Improvements" to William J. Nelson & Associates, P.E., for the Not -To -Exceed Amount of $17,620. KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 9 MOTION: Councilman McComsey MOVED for approval of Resolution No. 92-44 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or Council comments. There were no objections to the motion. SO ORDERED. C-9. Resolution No. 92-45 Awarding the Bid for the Project entitled "Kenai Parks & Recreation - Furnish Playground Equipment" in the amount of $27,754. MOTION: Councilman McComsey MOVED for approval of Resolution No. 92-45 and Councilman Smalley SECONDED the motion. Councilman McComsey requested UNANIMOUS CONSENT. There were no public or Council comments. There were no objections to the motion. SO ORDERED. Councilwoman Monfor asked Parks Director McGillivray if these items are to be placed in the Forest Drive Park. McGillivray stated that some of them will be. Monfor asked if they will be placed before the grass is in. Answer was no. Brighton stated that the equipment may not arrive in time for placement this summer. The delivery time is 60 days. McGillivray suggested that the installation be done by contract as his crews will be gone by the delivery date. The bid came in lower than what was appropriated and there will be funding for installation. Also, if parts are missing, it will be known before next Spring if installation is completed this fall. C-10. Resolution No. 92-46 Awarding a Recording and Transcribing Minutes Secretarial Contract in the amount of $17.45 Per Hour for a Period of July 1, 1992 to June 301 1.993 to Farlene Reed d/b/a Earmark Secretarial Service. MOTION: Councilman Smalley MOVED for approval of Resolution No. 92-46 and Councilman McComsey SECONDED the motion. There were no public or Council comments. Councilman Walker requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 10 C-11. APPROVAL - a. Application for 1992 Liquor License of Arirang Restaurant/Si Chan Sin: 145 S. Willow St. - Restaurant/Eating Place. b. Restaurant Designation Permits Application for Restaurant/Eating Place - Si Chan Sin d/b/a Arirang Restaurant. Moved to and approved by Consent Agenda. C-12. APPROVAL - 1992 Application for Monte Carlo Permit for American Legion Kenai Post 20. Approved by Consent Agenda. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging No report. D-2. Airport Commission Airport Manager Ernst stated that the Commission approved the solicitation of bids for harvesting hay on the airport. The bid specifications will include the bidder will water, harvest and maintain the hay and for that:, will not pay for the hay. MOTION: Councilman Smalley MOVED for approval of the recommendation of the Airport Commission on the hay harvesting project. Councilman McComsey SECONDED the motion. There were no objections. SO ORDERED. Councilwoman Monfor asked how many float plane spaces were leased. Ernst stated six private, seven commercial are leased. There are 25 private spaces available. Monfor stated she is concerned with regard to the costs involved. Ernst stated that the fueling has been part of the problem. Monfor suggested KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 11 brochures be placed in the Visitors Center. Ernst stated that the float plane basin is being advertised in the Alaska Business Monthly as well. D-3. Harbor Commission Councilman Walker reported the last meeting's minutes are included in the packet. Walker stated the Commission discussed a "fishing hole." A representative from Fish & Game was present and stated that king salmon could not be included in the project. Other species could be placed, such as red salmon. It is thought this can be a viable project. D-4. Library Commission No report. Library use report was included in the packet. D-5. Parks & Recreation Commission Director McGillivray stated that the minutes of their last meeting were included in the packet. The Commission recommended that Carr's be notified that the area of the Huss trail needs to be cleaned up. Smalley stated his agreement and suggested that Carr's place a barrier to enhance the trail and clean up. City Manager,• Brighton was requested to send a letter to Carr's regarding this item. D-6. Planning & Zoning Commission Smalley reported that a presentation by Judith Bittner, State Historic Preservation, will be made at the June 24, 1992 Planning & Zoning Commission meeting. She will be discussing the concept of the Townsite Historic area. Smalley stated he asked her if buildings have to be in the zone to qualify for grants. He was told no. The City needs to complete paperwork in order that the area be designated historic by the State. Smalley added that the tabling of the ordinance and the setting of new public hearings should bring some resolution to the matter. Smalley stated he hopes the people come to the meeting and present their concerns and hopefully it will work out. KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 12 D-7. Miscellaneous Commissions and Committees a. Kenai Visitors i Cultural Center - Monfor referred to a report distributed by the Kenai Visitor & Convention Bureau. They will be extending their hours soon. b. -All-America City - Monfor presented the award received in Charlotte, North Carolina to the Council. Clerk Freas was requested to have the award re -framed. Monfor stated that the competition was a once -in -a -lifetime experience. It was found that the communities represented were very similar in many ways. The presentation team were present for 95% of the other presentations. Monfor stated that it is very important that the City make changes this year, such as emblems being placed on vehicles (she will discuss this with Brighton soon), etc. Monfor and others will discuss the award with the community and explaining that the City facilitated the application and paid for the presenters to go, however, the award for community -wide involvement. Monfor impressed the importance of the non-profit organizations, etc. in the community that make Kenai an All -America City. The award is important, the competition is fierce. Some communities' presentations cost $20,000. Monfor related that the most moving thing happened when she was presented the award: the Kenai presenters were given a standing ovation from the room filled with other presentation teams. C. Sister -City - Williams stated the exchange went very well. Most of the cost of the exchange was paid for by donations from the industries. A Kenai Friendship Committee will be formed for a trip to Okha next year. Williams stated he foresees stronger relationships between Alaska and Russia and lost of commerce for the major industries. Williams thanked those persons who were involved in housing the visitors. ITEM E: MINUTES E-1. Regular Meeting of June 2, 1992. Approved by Consent Agenda. KENAI COUNCIL MEETING MINUTES JUNE 171 1992 PAGE 13 ITEM F: CORRESPONDENCE F-1. Congratulatory Letter received from Senator Murkowski. Noted by Consent Agenda. ITEM G: OLD BUSINESS None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Hills to be Ratified MOTION: Councilwoman Monfor MOVED to pay the bills over $1,000 and Councilman Smalley SECONDED the motion. MOTION: Councilwoman Swarner MOVED delete the final payment to G&S Construction for work on the Bicentennial Building from the other payments. Councilman McComsey SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $1,000 MOTION: Councilwoman Monfor MOVED to approve the purchase orders over $1,000 and include the purchase order to McCool-Carlson-Green for $2,722.09 and Councilman Smalley SECONDED the motion. Walker asked why the additional plans and specifications are to be paid for by the City. Were the costs not included in the engineering agreement. Kornelis stated that have sold 90 sets of the plans and specifications at this time. They are being sold for $50.00 a set. 100 sets will be paid for by the Court System. Brown added that the plans and specification costs will be paid for by the grant for financing the court. house. Monfor asked if the construction project will be under the City's purview or the Court Systems. Kornelis stated the City will KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 14 manage the project. Change orders and pay estimates will require first approval by the Court System. Kornelis added that there will be on -site inspection by Bill Kluge. McComsey questioned the purchase order for repair and maintenance of police cars. Brown stated that purchase of new police cars was removed from the new budget. Rust proofing, etc. will be done on the present vehicles to add to the life of the vehicle and create longevity of the unit. McComsey asked if a bid was needed. Kornelis stated that the Shop Foreman calls suppliers and receives information on the cost. The total cost will be under $10,000 and a bid is not required. H-3. APPROVAL - Application for Renewal of Lease of Lot 3, Block 4, General Aviation Apron, Erik Barnes, Lessee. MOTION: Councilman Smalley MOVED for approval of the renewal of lease of Lot 3, Block 4, General Aviation Apron to Erik Barnes, lessee. Councilman McComsey SECONDED the motion. There were no objections. SO ORDERED. H-4. APPROVAL - Change Order No. 8 _. Kenai Bicentennial Visitors and Cultural Center/G&S Construction, in the amount of $3 , 165 . MOTION: Councilwoman Monfor MOVED for approval of Change Order No. 8, Kenai Bicentennial Visitors and Cultural Center/G&S Construction, in the amount of $3,165 and Councilman Smalley SECONDED the motion. The change order was for additional seeding and raising the cobble bed up to level with the entry steps. Councilman McComsey asked why this cost was not included in the original bid. Kornelis stated that the cost of the seeding was an estimate in the bid. It was bid as a unit price. in the original bid, it was estimated that there would be 30,000 sq.ft. of grass to be seeded. The total amount required came to 36,000 sq.ft. This is an actual amount done at the unit price. KENAI COUNCIL JUNE 17, 1992 PAGE 15 VOTE: MEETING MINUTES McComsey requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-5. Ordinance No. 1504-92 Amending the Kenai Municipal -Code, amending the procedure for granting Conditional Use Permits. Approved by Consent Agenda. H-b. Ordinance No. 1505-92 - Amending the Kenai City Code Adding a New Chapter and Establishing Accounting Provisions for the Congregate Housing Facility. Approved by Consent Agenda. H-7. APPROVAL - Construction Change Directive #22 - Congregate Housing Project/Gaston & Associates, Inc. MOTION: Councilman Smalley MOVED for approval of Construction Directive No. 22 to Gaston & Associates with the understanding that the Directive will be handled like all the others that preceded it. Councilman McComsey SECONDED the motion. Walker objected. McComsey asked if the change directive was due to the City's error. Kornelis explained that the architect designed the elevator using Uniform Building Codes. The State of Alaska states that the elevator automatically shuts down when an alarm condition is detected by the fire alarm system. This is contrary to the Uniform Building Code and Uniform Fire Code, which have been adopted by the State of Alaska and enforced by the City of Kenai. Kornelis stated that an actual price will be submitted later. Smalley recommended that a not -to -exceed fiscal note be added. Kornelis suggested $2,000. Walker stated his concern that a profit is figured in for the contractor. Walker stated he believes there is little incentive for the contractor to find the best purchase at the best cost. Walker added that this change directive is at the fault of the design and not the fault of the City. Walker stated he believes the City is getting short- changed. KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 16 MOTION TO AMEND: Councilman Smalley MOVED to amend H-7 to indicate a not -to -exceed amount of $2,000 and Councilwoman Monfor SECONDED the motion. Walker objected. VOTE ON AMENDMENT: Monfor: Yes Measles: Absent McComsey: Yes Smalley: Yes Williams: Yes Walker: No Swarner: Yes MOTION AMENDING THE MAIN MOTION PASSED. VOTE ON AMENDED MOTION: Monfor: Yes Measles: Absent McComsey: Yes Smalley: Yes Williams: Yes Walker: No Swarner: Yes AMENDED MOTION PASSED. Monfor requested Kornelis be directed to contact Livingston -Slone (the project's architect) and direct them to include a price in change directives in the future. Williams directed Kornelis. H-8. DISCUSSION - Kenai Visitor and Convention Bureau, Inc. Request for Approval to Apply for "Certified Local Government" status. Smalley stated that this status would allow for grant availability for use in the Old Town area for historical preservation. MOTION: Councilman Smalley MOVED to have them (Visitors Bureau) to put together the grant application and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. H-9. Approval Change Order No. 9/Kenai Congregate Housing/$560.28. The Change Order was to provide for signage and relocation of crawl space access. KENAI COUNCIL MEETING MINUTES JUNE 171, 1992 PAGE 17 MOTION: Councilwoman Monfor MOVED for approval of Change Order No. 9 and Councilwoman SECONDED the motion. There were no objections. SO ORDERED. H-10. Discussion - 1991 Liquor License Renewal Protest - Rainbow Bar & Grill - Waiver. Information was distributed to Council with agenda changes which included a letter and legal documents stating that a successful settlement between the Borough and the Rainbow Bar owner had taken place. According to the new ordinance, the City is allowed to drop the protest at this time. The payment schedule was included in the paperwork. Williams stated that the last payment will include the penalties and interest accrued. MOTION: Councilman Walker MOVED to issue a letter of non -objection in regard to this item and Councilman McComsey SECONDED the motion. VOTE: Monfor: Yes Smalley: Yes Swarner: No MOTION PASSED. ITEM I: I-:1. Mayor Measles: Absent Williams: Yes ADMINISTRATION REPORTS McComsey: Yes Walker: Yes a. Spirit Lake Williams referred to a letter distributed to Council at the beginning of the meeting. The letter was from the Salamatof Tribal Council and requested a letter of support for their Spirit Lake Project. There were no objections to writing a letter of support. Clerk Freas was directed to write a letter. KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 18 b. Information Item #10 - A letter which was received from the Kenai Peninsula Borough requesting that the City take the leachate from their baler facility into the Kenai's Sewer Treatment Plant. Williams stated he believes this is premature. Brighton stated that Administration wanted to provide the information to Council. This item will be brought back to Council after discussions with the Borough. Brighton stated that the Borough is under a lot of pressure for this. There is a possibility the Borough will provide an addition to the STP. Williams stated he is concerned of whether the STP could handle the addition or whether the STP could be modified to properly monitor. Walker stated that there may be money to be made from the Borough for this or a bigger plant could be built which may help the City in the long run. Walker stated Council should keep an open mind. Consensus of Council was for Administration to go ahead and work on this. C. Final Payment Kenai Bicentennial Project - Williams stated to Council to decide whether it is realistic, adequate and in the best interest of the City to close out the construction accounts on the project. Kornelis referred Council to the last page of Kluge's letter which discusses liquidated damages for work not completed by substantial completion. Kornelis reminded Council of the meeting at Paradisos wherein they discussed the metal door company that went out of business. Kornelis stated that it is his and Kluge's recommendation that liquidated damages should be subtracted after the substantial completion. The amount would be $1,200. The Contractor applied for the full amount of payment. Brown stated that there was approximately $12,000 left in the amount after this payment of $54,135. Swarner objected to paying the final payment. Swarner stated she felt there should be some charge for the door delay. Monfor stated her concern regarding the trees planted in the planters by the landscaping firm. Kornelis stated they were planted by the contract documents. Contractor Dan Green stated that there is a one-year guarantee on the plants. Discussion followed regarding delays. Williams stated that the project was not completed in the 91 day:, but it was completed KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 19 under budget. Williams stated that the project was an excellent project, good workmanship, top-notch quality and is appreciative to the contractor for that work. Monfor stated that there was a time she was not in support of the building process of the project, but after meeting with the Contractor and architect, she felt they and the Council had a good understanding of what each wanted. There was a definite change after that meeting. MOTION: Councilwoman Monfor MOVED to pay $54,135.38 as a final payment to G&S Construction and Councilman Smalley SECONDED the motion. VOTE: Monfor: Yes Smalley: Yes Swarner: No MOTION PASSED. Measles: Absent McComsey: Yes Williams: Yes Walker: No d. Memorial Park Donation - Informed Council that the hanging baskets at Memorial Park were donated by Trinity Greenhouse as a congratulation for being awarded the All -America City Award. e. Martha Ellen Anderson - Telephoned and stated her pleasure for the dust control. measures taken in Thompson Park. Everyone is happy with it. Requested dust control be placed in Beaver Creek: Park. She was referred to Jack LaShot. f. Jerry Hansen - Telephoned regarding the placement of: top soil at the old fire training grounds. Williams stated that there will be soil placed when it is available. g. Junk Cars - Telephone call concerning junk cars along the Spur Highway. Brighton stated that the trailer at the corner of the Professional Building has been moved. Brighton has talked with RPM's owner and he is going to erect a screen to prevent the motors from being seen from the street. Brighton as asked Hackney to send a letter to the homeowner in Central Heights to cease and desist from having a seven -day -a -week garage sale. Quandt's property is a commercial zone. If it is a garage, he is within his rights. If it is a junk yard, the City has a right to KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 20 force him to screen. The title of the lease is in the name of a man who has been deceased for two years. This will need to be investigated. Brighton stated that he has not had the opportunity to discuss the trailers behind the Uptown with the owner but will within the week. Brighton added that he does not know how to prevent three-wheelers from going through the new seeded grass in Forest Drive Park. Walker stated that if the Quandt property is made to place a fence to screen the activities, then all areas as this should be contacted. h. Rids camping in woods - Received a telephone complaint regarding this. Williams suggested meeting with the cannery owners and have something done about this. Brighton stated that they are not on City property and the City cannot do anything about it. Brighton reminded Council that a proposal was brought to them a few years ago to build a park to accommodate the cannery workers for the cost of $35,000. Council declined to do the project. Swarner suggested to use fish money received from the Borough to build a camping area. Williams suggested Swarner contact the Borough Finance Director and discuss this with him and report. to Council. i. PTI - Williams stated he is meeting with representatives of PTI regarding the potential of them locating their maintenance and Peninsula office in Kenai. I-2. City Manager No report. I-3. Attorney Graves reported that Diane Craig has resigned. They advertised the opening and interviewed candidates. Graves advised that he would offer the job to Sheryl Paulsen if Council approves. Monfor asked if she lives in the City. Graves stated at this time she does, but does not know for sure and he did not ask as there is no preference left in the Code. It was removed some years ago. KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 21 I-4. City Clerk McComsey referred to the memorandum included in the packet regarding sales tax information of taxi cab companies and drivers. Williams stated that he has set a meeting with the cab companies on June 18, 1992 at 1:30 p.m. Freas stated the All -America City competition was a great team experience and effort. I-5. Finance Director Brown reported that he mailed out the necessary bed tax forms, etc. to the hotel/motel and bed & breakfast owners. At this time he has not had any calls from the owners. Brown informed Council that Seldovia has requested all Kenai's information in regard to the bed tax.. I-6. Public Works Director Kornelis reported the bid dates, etc. of upcoming projects and updated Council. on on -going projects. Swarner asked why the street in 3-W Subdivision had to be rebuilt. Kornelis stated there were problems with it when it was built. Discussion followed as to why the City accepted the road if it was not built to its standards. Kornelis stated that the contractor built it before the City could inspect:. It was checked by using search checks. This is not a very good way to inspect. I-7. Airport Manager Ernst reported the drainage project is on will enhance the airport and resolve the Ernst thanked Parks & Rec for doing such Park. ITEM J: DISCUSSION J-1. Citizens None. J-2. Council schedule. This project standing water problem. a nice job on Triangle Walker - Congratulations to the All -America City delegation. KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 22 Swarner - a. AML - Advised Council that the AML Committee meeting will be held in Kenai, July 29, 30 and 31. The Conference of Mayors meeting will be held during that time also. Swarner is discussing with John Torgerson a reception or dinner for the group. Also, at the July 15, 1992 Council Meeting, AML representative Chrystal Smith and the new Executive Director, Kent Swisher will be in attendance. b. Okha Exchange - Enjoyed hosting two of the Okha singers during their visit to Alaska. They enjoyed the trip to Kenai very much. C. Up With People - Encouraged all to go hear the Up With People concert. d. Kenai - Swarner stated she has been hearing lots of good comments of how the City looks. Monfor - Asked what the time line is for seeding Forest Drive Park picnic area and the big toys placement. Kornelis stated they are exploring the possibility of placing post and chain in the seeded area to keep vehicles off. Kornelis stated he will bring this back to Council. Monfor asked if the seeding will be done this year. McGillivray stated yes. McComsey - a. Four -Wheelers - Stated his concern regarding the amount of four -wheeler use in the City. His street has been having lots of problems with them. b. Okha Exchange - Really enjoyed the time he had with the visitors he hosted. One of the best experiences of his life. Smalley - Congratulations to All -America City delegation. He has also had lots of good comments on how the City looks. Smalley will be out of town from July 1 through 17. KENAI COUNCIL MEETING MINUTES JUNE 17, 1992 PAGE 23 ITEM K: MOTION: Councilman Walker MOVED for adjournment. There were no objections. The meeting adjourned at 10:55 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk 6/25/92 BOARD OF ADJUSTMENT APPEAL OF BOB E. WORTHAM APPEALING THE CONDITIONAL USE PERMIT FOR CABIN RENTALS TO LEILA R. DAVIDSON JUNE 17, 1992 KENAI CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS, PRESIDING WILLIAMS: The Kenai City Council will be setting as a Board of Adjustment this evening as advertised at. the hour of 7:00 p.m. The Board of Adjustment is here at the request of Mr. Bob Wortham, appealing the Conditional Use Permit for cabin rentals to Leila R. Davidson. I would ask the Clerk to call the roll specifically for the Board of Adjustment. CLERK: Monfor: Here Smalley: Here Swarner: Here WILLIAMS: Measles: Absent McComsey: Here Williams: Here Walker: Present Now, before we proceed with the Board of Adjustment, I'll set a few ground rules and explain why and how a board of adjustment is to operate and a specifically, outline some things for the Council with regards to the process as it has occurred. As we set as a Board of Adjustment tonight, all witnesses that come before the Board of Adjustment will be sworn in and their testimony will be taken under oath unless the Administration, the oath of witnesses, has been waived and in this case it has not been. The action taken by the Board will be based upon the facts as established by the evidence properly introduced before it. The Board requires a quorum consisting of four and a majority of the four will be required to make: the decision. And, we do have a quorum of six, so we're in good shape. The Board will then take all the evidence and study it and according to the Code, we will have thirty days after the hearing to render a decision on appeal. We can propose appropriate conditions and safeguards in accordance with the zoning ordinances. We make a Finding of Facts upon the evidence so that any reviewing authorities may, be advised of the reasoning behind the Board's decision, especially if there's any relief to be sought. The following Code, or excuse me, the following will be BOARD OF ADJUSTMENT MEETING JUNE 17, 1992 PAGE 2 used to swear in witnesses, and I will read it because sometimes people have either religious or political differences as to swearing in. The swearing ceremony will be include, "Do you solemnly swear that the testimony that you are about to give in the case now before this Board, to be the truth, the whole truth and nothing but the truth under pain and penalty of perjury." That will be the method in which we will swear in. This Board of Adjustment will be meeting according to the terms of Kenai Municipal Code 14.213.290 that: cites, "The appeals from decisions of the administrative official commission shall be heard by the Kenai City Council acting as the Board of Adjustment." With that now, I would like to brief the Council on a kind of a synopsis of what has occurred, because it is some, there is considerable amount of paperwork and other meetings, including the Planning and Zoning, that has occurred prior to this. So I will go down a list of dates specific to the actions that have taken place. First of all, the Planning & Zoning Commission introduced a resolution, PZ 92-8 to allow cabin rentals on May 13. This failed by a vote of three to three. The same 92-8 again was introduced on May 15 and failed once again on a vote of three to three. Now, I have to ask the Administration to clarify those dates of the 13th and the 15t:h, since they were two days apart. Did, in fact., the :Planning & Zoning Commission meet two days apart, or am I reading two different dates. LA SHOT: I think that: the 15th is wrong... WILLIAMS: All right, so we have a typo error on that. Right. Thirdly, there was an ordinance introduced by the Council to allow Planning & Zoning, or excuse me, to allow cabin rentals in both the rural residential and recreational areas on May 19th. Fourth, PZ 92-8 was reconsidered and passed, the reconsideration passed on May 27th. There was an amendment offered by P&Z to BOARD OF ADJUSTMENT MEETING JUNE 17, 1992 PAGE 3 allow the effective date to take place after the passage of the new Council ordinance, which was introduced on the 19th. That also occurred and was passed five to nothing on the 27th of May. PZ 92-8 then, as amended, parsed five to nothing also on the May 27th date. Council subsequently passed ordinance allowing cabins in rural residential and recreational areas on June the second, with an effective date of July the second. So, between the time that the Council introduced and passed the ordinance, the Planning & Zoning allowed their findings to allow these cabins to stand as amended. And the amendment specifically was that it was contingent upon the Council's passing of the change in the Zoning ordinance. SWARNER: I have a question on that the 13th and 15th and I'm sorry I didn't bring it up sooner, but the 13th is a Wednesday and the 15th was a Friday, but there are different numbers and different pages for different dates. But at the same, on page 5 of May 13th, is on page 5 of May 13th, so I think there's more than just a typo error. WILLIAMS: All right. I'm glad you brought that up and I think that's a matter that should be cleared up before we go on with the proceedings. I too have pages dated May the 13th, which was a Wednesday. At that time a vote was taken and it failed because of a lack of majority by a three to three vote. Again, May the 15th is shown on both pages 5 and 6. SWARNER: And seven too. WILLIAMS: We should have some clarification of that. At any rate, this seems to be the chronological order in which these events took place. I think, as a Board of Adjustment, because the actions have taken place, either on the 13th and 15th, or a specific date, we should go ahead, have the hearing, but note there seems to be an error in the minutes based on those dates. BOARD OF ADJUSTMENT MEETING JUNE 17, 1992 PAGE 4 All right, with that, I believe the first witness that we will hear will be Mr. Bob Wortham, since he has, is the one who has issued the letter of, requesting a conditional use permit be appealed. NORTHAM: (Passed out hand-outs.) WILLIAMS: Now, Mr. Wortham, I'll have the Clerk swear you in to start with. CLERK: Do you solemnly swear that the testimony that you are about to give in the case now before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? NORTHAM: Yes, I do. WILLIAMS: Mr. Wortham, before we start now, in your letter, excuse me in your undated letter received by the City.on June the 12th, it appears that you are appealing the decision to allow cabins to be built, along with the bed and breakfast, but you are not singling out the bed and breakfast portion. You state that you do not have a complaint about the bed and breakfast part of the plan, but you disagree only with the allowing the cabins along with it, is that correct? NORTHAM: Correct. WILLIAMS: All right. Thank you very much. You may proceed. BOARD OF ADJUSTMENT MEETING JUNE 17, 1992 PAGE 5 WORTHAM: Okay, now, you see on Page 1 there. That's the 3-W Subdivision and right here at the pink area, where number six is, that's the proposed area that they're talking about putting the cabins and the bed and breakfast. The lots in pink are the lots that are sold with -a valuation of houses on each one of $100,000 to $150,000. Which, right there, you're sitting with $200,000 to $300,000 valuation on houses. Okay? The next page is 3-W's covenants, which all lots are restricted to buildings and dwellings with permanent foundations, all dwellings shall be a minimum of 1,000 square feet, not including garage or car port. Okay. Across the street is Sungate covenants, which has basically about the same thing which is 90% of the property in that area across the street and behind it. An also, the subdivision to the side is on page 4, which is, or page 6, which is Strawberry Hills Estate, which probably will have the same, or does have the same covenants as 3-W's or nearby, as Sungate and 3-W and Mr. Ron Knudsen may be here later tonight, I don't seem him yet. He's up from Washington and said he would try to get here if he could. But he's never received a letter on this meetings either, like I didn't, from the 13th, in April actually, the first meeting. I never received a letter of this and that's why, there's an appeal being made now. And as you can see, you know, I'm not worried about this thing right now, I mean there's buffers and there's things you can get along with right now. But in five years down the road, it's just like moving a trailer in there. It looks all right because you've got trees and everything to hide it, but in five years or six years, they may sell the property, it runs down and nobody takes care of it. As far as living in it just in the summer, that don't generally work out either because generally people will be living in them all year in times to come. It's easier to do something now than :it would be five years down the road to get them to clean it up or fix it up because they won't do it. I mean, this is just like putting a trailer in there, and you know they never .improve a }mailer, so why would they improve cabins and upgrade when you've got eight acres there which could be eight individual houses which could __ _ at $100,000- $150,000 or $200,000 for each one. PTus, you're going to knock BOARD OF ADJUSTMENT MEETING JUNE 17, 1992 PAGE 6 my property values down. I've already lost one deal of five lots because of the passing of this. The builder didn't want to mess with it. You can see here, page 4, now that's what I have proposed later down the road with the 3-W Subdivision. You can see the pink, that's one, also on five, as water comes into the area, city water, and as we would lower the water table, you know as building and things come along, the water table, you know, will lower, I propose splitting those lots in half, because they are all over an acre... acre and a quarter, and putting a road there and splitting the lots in half and having half -acre lots. Then they would be facing these cabins. Half the lots, if and when I did this. That's one of the reasons I haven't really pushed to sell that because City water is over at Thompson Park, not too far away. Eventually, it will be down there. I would run it in and cut them lots in half, but if they're going to be facing cabins or something that's not too attractive, then it's not going to be attractive for me to do this. And you can move around to page 7, which is the mobile home code, which you don't allow mobile homes, as far as I can see, but you do allow rental cabins in a residential area where you've got $100,000-$1,:50,000 homes? That don't sound like a judgment to me. Then, on the next page, you have the conditional use code for which they went by and number 1, it says, "uses not specifically permitted in the zone, concern may be permitted provided that the following conditions are met. Such uses must be similar to principle uses permitted in the zone." There's no principle uses for anywhere's near there for cabins. Also, the next one says, "Such uses must be in harmony, with the intent of the zone." There's no harmony there. Nobody in that area. None of the people who bought them fifteen lots. They all bought under the covenants that I have. They do not want that in there. I didn't go to each individual one and ask them to come to the meeting, because I figured this could be handled this way. I mean, I wouldn't want. to buy a house, when I knew rental cabins was going to be there. Because I know it's going to hurt the value eventually. Then on the next page is a letter, which was certified to me, and you can see at the top there, it. says, "Wortham, B.E. Wolfe" was crossed out and Wortham added. That was after it came back from the Post Office. I never received the Letter, the certified BOARD OF ADJUSTMENT MEETING JUNE 17, 1992 PAGE 7 letter. I don't know exactly what date that was, but over that same address I received my past assessments for that year. Then down here on number 10, it says, "Bryson said that cabins would be governed by the same criteria as other buildings within the City." What is the other criteria in the City for buildings? How can you treat a cabin like a house? I don't understand that. I mean, I can see the tax base here is, for that area, is going to really be hurt. Bed and breakfast is fine. Like I say, I have no complaints. Cabins, won't look very good five or ten years down the road. I will take that long, probably, to sell all the property in there because you try to hold the standards up high and not everyone can buy in there. It was made to be a nice subdivision with underground utilities, underground gas, underground utilities, to have a nice subdivision in there. I'd rather see it go business rather than cabins. Put the cabins down in the recreational area at the River where it belongs. That's all I have, unless you have any questions. WILLIAMS: Questions from the Council, or from the Board? With a little clarification from the staff, we might, the part marked six, the parcel in question where the cabins and the bed and breakfast is to lie, that: is not zoned residential at the present time, is that correct:? LA SHOT: Rural residential... WILLIAMS: It's zoned rural residential. The property directly behind it, where Mr. Wortham is concerned about, that too is zoned rural residential.. All right, any further questions from the Board? Mr. Wortham? Thank you very much. Is there anyone else. Yes, please come forward. State your name for the record and be sworn in. DAVIDSON: My name is Jim Davidson. BOARD OF ADJUSTMENT MEETING JUNE 17, 1992 PAGE 8 CLERK: Do you solemnly swear that the testimony that you are about to give in the case now before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? DAVIDSON: Yes ma'am, I do. Ah, to get started with, I sold forty acres that Mr. Wortham was talking about, to Wolfe & Associates, back in the mid-70's and that was part of my homestead. And he was talking about. Sungate Park across the highway, which is where we live, I subdivided that. And back, oh before territorial days, when I homesteaded, etc., and I've been paying taxes on that land since the city was incorporated and the Borough got into position. I don't think Mr. Wortham has been paying anywhere near the taxes that I've been paying on it, which at this point, is neither here nor there. But he was talking about these lots that are adjacent to this property. There's a small lake and swamp in between our property line now and his. And he has, l don't know how many lots, you have it on the map there, and I think he has sold one way up on the corner, but the man has never developed it or anything and he cannot sell those other lots because they're wetlands. And he's talking about $100,000, $150,000 house, there's no way. He's sold a bunch of them up on the side of the hill and back up there" that there isn't anyway he's going to sell those because it's in.the wetlands. It's right in that little swampy area. And ah, I don't know what more to say Except with this bed and breakfast that my daughter's thinking about building and the little small rental cabins. They would be summer rentals only. That was just an afterthought. But then in the meantime, my daughter went to the City and talked to the building inspector and he told her that she needed a building permit and she said okay. She's only 22 years old. She doesn't have much experience and I tried to tell her, "you go, you got to get some experience." So then she went to the front desk and they said, "Well, you need to have a conditional use permit." Now this is the fifth meeting that. I've been in among the Planning Commission, the second one with Council.. She didn't need that to begin with. The: Planning Commission put it back to you people to change the ordinance to get it straightened out. She didn't need it -o begin with. But, on the other hand, it's rural res Ldential. I can pint a, if I would had just said, "Okay, I'm BOARD OF ADJUSTMENT MEETING JUNE 17, 1992 PAGE 9 going to build rental units." You know, like that. Mr. Wortham has a duplex or four-plex over in his part over there now. So, you know, what ever, you know, whatever you come up with, we're not going to be able to do anything this year anyway. And he's talking about maybe five -ten years down the road. Five or ten years down the road, my daughter will be grown up and she'll be gone to other things and those cabins and all, they probably wouldn't be there. We'll have other things. But if this doesn't go or what ever, I still have two or three other deals that I can put in there. There's other things you know, so it's, you know, it's up to you people, but you can look at, he has talked about protective covenants and everything. Look at Sungate Park Subdivision that I subdivided in 1969. You can go through there and you can see, and we have covenants on that, we do not intend to spoil of any of Mr. Wortham's land. Besides, even if he could sell those lots over there, there's a little lake in between and there's trees and everything in between, on our property and if we put those cabins in there, it would be, we'd try to keep it like a pristine wilderness, where you'd have little cabin here and a little cabin there with parking places and everything, and for summer rental only and that's it. So, I guess that's about all I can say. I think Mr. Wortham better check with, he knows why he hasn't sold those lots there and he won't be able to, I don't think. And the land that we have, if, the way we put it, we can have septic systems that will work. He's talking about water coming there. Water's been over on the other side of Thompson Park for eight to ten years now, and we're just the other side the other ways. But, I'm not expecting water there for, how many years? Whenever it gets there, it gets there and I'm not worried about it. If: it, well it, why that's it. WILLIAMS: Thank you very much. Is there any questions to Mr. Davidson first before he leaves? Any questions at all? All right, thank you Mr. Davidson. Are there any other persons here that would like to be heard. Please come forward and state! your name for the record and be sworn in. ANDERSON: My name's Susan Anderson. BOARD OF ADJUSTMENT MEETING JUNE 17, 1992 PAGE 10 CLERK: Do you solemnly swear that the testimony that you are about to give in the case now before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? ANDERSON: Yes, I do. Ah, I want to say that, first of all, I have the utmost respect for Mr. Davidson and the amount of years that you've been in town and that makes it kind of hard for me to stand up here and say what I have to say. And if this does go through, you know, I wish you the best of luck and I know your intentions are excellent. Um, we purchased a house, my husband and I, in 186 in 3-W Subdivision. WILLIAMS: Could specifically point to or give us the number of the lot or parcel number that your house sits on? ANDERSON: Ah, that would be Lot 17. It:'s on Wortham, it's across from... WILLIAMS: Excuse me, just a minute. Is that, you say lot 17, are you using a parcel. number, or Lot 5, Block 3, is that the one you're specifically referring to? Or, note, the Borough parcel number 17 with the circle around it? ANDERSON: That's the one. WILLIAMS: All right. So that is Lot 5, Block 3. Thank you. ANDERSON: Okay. When my husband and I bought the house in 186, we of course, looked all over town. I was impressed with the neighborhood. I had been to a lot of houses that had, oh some BOARD OF ADJUSTMENT MEETING JUNE 17, 1992 PAGE 11 dumpy place next door, and I didn't like that. And I went into 3-W Subdivision, and every house in there is nice. There aren't any little shacks next door and it was a nice subdivision, a nice location, right five miles to Kenai or Soldotna, and so we bought there and we liked the fact that there were covenants. That was important to us when we bought that house -- that the neighborhood would stay nice. Then, like everybody in town, we sat through, prices dropped and everything, they're coming back up now, and I don't want something to go in there that's going to affect the neighborhood and it's going to, perhaps, affect our price again. We have just made it back to where we bought in '86. I heard that, he said "Congratulations." (Laughter) My question or comment is what use is zoning, what use are covenants, if you buy under zoning and covenants, thinking that you have protection for your neighborhood and then a few years down the road, you. know, somebody can do something against those. That's what I'm speaking against. I know that if it's handled correctly, it might not hurt us a bit. But you never know, you know. I'm afraid of what could happen. I'm afraid of five years down the road. I intend to stay in that house and that's pretty much my comment. Zoning and covenants were important to me when I bought. So, that's it.. WALKER: Mrs. Anderson, is your house up for sale? ANDERSON: No. I had it on the market :Last summer. I thought, "Well, you know, maybe we'll see if we can sell the house," and I actually kind of had an eye on some of your lots that are up in the subdivision, up a little higher on the hill, but we, last summer, could not quite get what we needed to have on the house to pay our mortgage. WILLIAMS: All. right, thank you. Any other questions? Is there anyone else that would want to make some comments. Please do. State your name for the record. Be sworn in. BOARD OF ADJUSTMENT MEETING JUNE 17, 1992 PAGE 12 SCHAFFER: My name is Dennis Schaffer. CLERK: Do you solemnly swear that the testimony that you are about to give in the case now before this board, to be the truth, the whole truth, and nothing but the truth, under pain and penalty of perjury? SCHAFFER: Yes. I do. I also live in 3-W Subdivision, along with my family and I... WILLIAMS: Identify your property please. SCHAFFER: I live in Lot 4, Block.2. It's on the corner of Wortham and Wolfe. And my main concern in this whole issue is that I have two small boys and I like the neighborhood because we have small chiLdren there. It's quiet. There's nobody screaming through that neighborhood, 100 miles an hour. There's no partying. There's no —it's a nice quiet neighborhood. Rental cabins for fishing, I think all of us have been on fishing trips before when we partied a little bit, and to tell ME'. that's not going to happen in these little cabins,, I have a. hard time believing that. I mean, you may try to stop it, but what happens if they decide to sell that property as a rental cabin, the next people are going to have the same degree of respect for the land that he is, I don't know. You know, you can't insure that. I plan to stay there. I've been there for going on seven or eight years now and a few years ago they tried to put a four-plex in there and we raised issues to stop it and they backed out to put the four--plex. We weren't real happy about the duplex going up. WILLIAMS: Excuse me just a moment. When you say "they were going to put a four-plex in," was that in the 3-W Subdivision? BOARD OF ADJUSTMENT MEETING JUNE 171 1992 PAGE 13 SCHAFFER: I can't tell you the names. I can't even tell you the exact date. WILLIAMS: Was there a covenant against multiple family dwellings in the subdivision. PERSON FROM AUDIENCE: allowed a duplex, that's all. SCHAFFER: Right. WILLIAMS: Thank you. SCHAFFER: They did not put the four-plex in because we raised an issue about it. I'm just concerned that this is going to turn into a party corner and I don't need that with my kids. That's a nice neighborhood. I don't have to worry about them going to the neighbor's house. I don't have to escort them to the neighbors. I don't want to start escorting. WILLIAMS: Thank you. Any questions? All right. Thank you. Is there anyone else that would like to speak on this matter? Just, just a moment, please. Is there anyone else to speak on this? All right. Seeing no one else that wants to speak specifically to this matter, we will. now hear once again, one round, please proceed. WORTHAM: okay. I'll go back to the question of what some people would call a lake or a marshy area, which is a classification of it on the plat. I had the Corps of Engineers come out and classify that area to what I could do with it. When we subdivided, we BOARD OF ADJUSTMENT MEETING JUNE 17, 1992 PAGE 14 subdivided it big enough, considering that there would be only water and sewer there. But as time goes on, you know the water table will lower as building goes, and with City water, I can build on each side of that lot. I can cut the lots in half, because I don't need that big an area for septic and sewer. One- half acre is plenty big if you have city water in that area. So, lots can be split in half and as time comes along, it would be wiser to do that than to try and sell them because they can be sold because there's enough room there now. But I choose not to now. WILLIAMS: But you're saying the marshy area is, in fact, drying up. NORTHAM: It only has water in it basically at break-up in most cases. And then when you get a lot of real heavy rain, because this area over the plot part. area is pretty wet. WILLIAMS: Did the Corps of Engineers actually classify that parcel of ground? NORTHAM: No, they just said it was pretty wet, but they told me I couldn't put a septic system in that marshy area unless I elevate it. WILLIAMS: Did you ask for a specific designation as to..... NORTHAM: No, they never did, never did designate it. They walked over the grass and said that all the way up to the grassy area it's kind of wet and marshy. But, like I say, I haven't checked it for the last four or five years, but it has, at times it's dry. WILLIAMS: All right. Thank you. Are there any questions? Yes, one question. BOARD OF ADJUSTMENT MEETING JUNE 17, 1992 PAGE 15 SMALLEY: Yes, I have a question. Mr. Wortham, the subject Davidson's property, am I, I am correct, am I not, that it is not part of 3-W Subdivision nor part of WORTHAM: property, Mr. in assuming Sungate? No, it's a, it's an individual piece of property. It sits in the front, which you've got to go by his property to enter 3-W's. If you're coming from Kenai... SMALLEY: I'm aware, thank you. WILLIAMS: All right. Thank -you. Now is there anyone who's spoken previously that would like to speak one more time briefly? All right. It appears that everyone wanting to speak on this matter has spoken. The Board of Adjustment will take all the information just given, testimony just given, along with the information presented, all of the minutes of the previous meetings, the findings and the ordinances and resolutions passed. We will study these and we will render a decision to the outcome of this within thirty days. The decision will then be forwarded to the affected parties and to those who are involved in this proceeding. It will also be made a part of the public record. Yes, Mr. LaShot? LA SHOT: We can get you a clarification of those minutes before you make a decision. WILLIAMS: Yes,, yes. Those dates should be clarified on the minutes before the decision is made. All right, is there anything further from the Board? Seeing nothing then, this Board of Adjustment is closed. Thank you all for attending. END OF BOARD OF ADJUSTMENT MEETING. BOARD OF ADJUSTMENT MEETING JUNE 17, 1992 PAGE 16 VERBATIM TRANSCRIBED BY: Carol L. Freas, City Clerk 6/22/92 - U1 a 7 � [J x 1+1 a uU z V o 0 Q E^ ra E-.. :.A cx Vi Q 2 H O C> y S W H f-a O H O x. x x C7 W C p K O F W E.. E. PG a w x KD s: b b p b a . + _ F b O O F V V W fC b p O W Q L7 b w y O 1Otic b cn z v z d C O CD w c.> o r-� b w a Z A b E, E- 7C W 7C n�i � x C] b x CJ C) b p) � 2 w oG �^ x � F c O CJ to O o '+ W �crJ c 5 7C ay o a a o n: u: F-• i� F V a �--� w w � v o x I-C o w u R« � m ac � sc ¢ u a w n, a s � a a nc a ue u - � x chi a a 9. o. �� r.. [•. Z xtVS n< cJS ti M Z X y Y d a O V z o Z x ti � U w a E-'• F x Z � !- U V F [,. W � cdi. 2 .fit � A a c0. o. H a W U U ti a U Z W a. [.. va .i� F Z S d x x m O w O ti w V p T r' � o x N c.� rS n.. ra. > O N •� 0 � Y CONTINUOUS PRINTING OF ALASKA (907) 562-0446 L,, PURCHASE ORDER CITY OF KENAI MITE - VENDOR 210 FIDALGO ST. PHONE 283.7538 O DENROD ACCOUNTING ANARY -ACCOUNTING KENAI, ALASKA 99611 LUE - SHIPPING & RECEIVING GREEN • APPROVED COPY INK - REQUISITIONER VENDORNO 15548 F x TO Alaska Roadbuilders 44990 Ridgeway Road Soldotna, An 99669 LOrdered by: Keith Kornelis SHIP VIA: THI NU ALL RELATING TO THIS PUP CHASE. No. 7-�-9 BY FINANfF nipf:rmi )EEIVERY DATE FOB PER QUOTATION (SHIPPING CHARGE PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO DESCRIPTION OR ARTICLE "NTITY ORDERED UNIT UNIT PRICE AMOUNT AC5 for Crack Sealing 10 tons 330.00T, 3,300.0( TOTAL 3 3 00 • DEPARTMENT S t r e e t s BY _ DEPARTMENT`HEAD Hand carry to ';ouncil July 1, 1992 c CONTINUOUS PRINTING OF ALASKA (907) 562-0446 L- VHITE - VENDOR ,OLDENROD ACCOUNTING ANARY - ACCOUNTING LUE - SHIPPING & RECEIVING ,REEN - APPROVED COPY INK - REQUISITIONER PURCHASE ORDER CITY OF KENAI 210 FIDALGO ST. PHONE 283.7538 KENAI, ALASKA 99611 VENDOR NO _ F TO SHIP VIA THIS C ,� NUMBE` ALL PA- RELATII CHASE. Dote BY FINANCF nIRFCTAR 3ELIVERY DATE FOB PER QUOTATION PREPAY SHIPPING CHARGE PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE _ —e THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. DESCRIPTION OR ARTICLE QUANTITY ORDERED UNIT UNIT PRICE AMOUNT _.. ._..__ 9 I TOTAL !j ACCOUNT NUMBER AMOUNT I DEPARTMENT IBY DEP TMENT HEA :suggested by: Administration City of Kenai 0RDINANCE NO. 1506-92 AN ORDINANCE 0_F 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, 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 wili. lease the facility to the State and will assign its right; in the lease to the lender. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenue; 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 10,000 Inspection 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 (6/23/92) kl Suggested 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: 14.15.110 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 KM[C 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 14.15.010 THROUGH 14.15.140. (b) IF SAID COMMISSIONN 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 DATE: JUNE 26, 1992 TO MAYOR JOHN WILLIAMS RENAI CITY COUNCIL FROM: PLANNING AND ZONING COMMISSION RE: RESOLUTION PZ 92-15 The above referenced Resolution has been amended. The signed Resolution in your packet is :incorrect. Planning Staff feels that the intent of the original resolution was understood by P & Z when they passed it at their June 24th meeting. The amended Resolution will be presented to P & Z, at their next meeting for clarification purposes and the signed amended Resolution will appear in all permanent records. CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ 92-18 A RESOLUTION OF THE PLANNING .AND ZONING COMMISSION RECOMMENDING To THE COUNCIL OF THE CITY OF KENAI, ALASKA PROVIDING FOR A CHANGE IN THE KENAI MUNICIPAL CODE UNDER SECTION 14.15.110. 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 irr 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 14.15.010 THROUGH 14.15.140.] Resolution PZ 92-15 Paste 2 (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 PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, the 24th day of _June 1992. Art Graveley, Chairpdh ATTEST: - L n, 41/4 Ikfrett&HarNUK, Planning Secretary 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 I 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. (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)] (b 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. Art Graveley, Chairman ATTEST: Loretta Harvey, Planning Secretary Introduced by: IMayoi Date: 02/18/92 Hearing: 03117/92 Amended: 03/17/92 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 NAM1t-,'G OF STREETS AND ALSO ENACTING A NEW CHAPTER 14.20 ESTABLISHING A UINUORM 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 speed 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 deAivery of mail, locating utility services, verifying voting precinct boundaries and other useful purposes; and WHEREAS, a committee formed under the direction cf the E911 board has examined various options for a uniform system of street addressing; and WHEREAS, the E911 board has accepted the recommendation of the committee to adopt the existing system, with modification where necessary, which was originally est<,blished by the Clacier State Telephcne Co. and further maintained by its successor P.T.I. Ccmmunicatioris; and WHEREAS, it is nec--ssarr to cL.!, .: existing Chapter 20.32; NOW, THEREFORE, BE IT ORDAINED BY T11E ASSEMBLY OF THE KENAI PENINSLTLA BOROUGH: S Kenai Peninsula Boroue_h. Alaska pr(i; ..,.. o'_ro Y i Section 1. That the Kenai Peninsula Borough Code of Ordinances is hereby amended by repealing Cbapter 20.32 and adding a new chapter entitled "Street Naming Methods" to be numbered KPB 14.10 which shall read as follows: STREET NAMING 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.ID. 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 other 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 adopted by action of an ircorporated city within the borough shall be recognized on the official street name; map. 14.10.040 Street names. A C,fficial street names shall be established in accordance with the following: 1. A new o, changed street name shall not be a duplicate of any existing name. A different suffix (street, avenue, etc.) does not constitute a different name. A new ngni-of-way created by the subdivision process which is a direct Kenai Peninsula Borough, Alaska Ordinance 92-09 Page 2 of 7 I 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 Renamin 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 showing the location of the street; 6. A ft'e 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. 11C procedures for renaming a street by petition shall be in accordance with secton 14.10. 150(A). 14. l0.Ob0 Unnamed streets. :� . ,II urnamed streets that have been recognized as public rights -of -way by reason of a prc%iousl` Cled subdivision plat or other recorded document shall be officially named by the plan;mr,- commission in accordance with section 14.10.040 and under the procedures or section 14.10.C350(.a}. Ken.0 Peninsula Borougb. Alaska Ordinance 92-09 Pace i rnf ? C L Supp. #34 F— X z APPENDIX A NdHI SS3-T w iS:lM o (Ord. 85-33 51(parr_), 19,35). F— U) C7 _Z Q Z E— W W Cr F— V) lL O 0 O 2 F— W 2 177-10 (Kenai Peninsula Borough 10/95) TO: Mayor and Councilmembers FROM: Carol L. Freas, City Clerk City of Kenai DATE: June 24, 1992 RE: COMMISSIONER MALA - HEALTH & SOCIAL SERVICES Today I received a telephone call from Lisa Short of the Health & Social Services Department in Anchorage. Ms. Short stated that Commissioner Mala, two deputy commissioners and approximately seven staff members will be visiting the area the week of July 13, 1992. Commissioner Mala would like to meet with Council to discuss the different aspects of the Health & Social Services responsibilities to the hospital, health services, etc. in the area. I discussed the matter with Mr. Brighton. We suggest that a work session be set with Commissioner Mala at 7:00 p.m., Wednesday, July 15, 1992, just prior to the Council Meeting. Another type of meeting will require advertisement, etc. due to the Open Meetings Act. A work session will allow a less formal atmosphere as well, permitting a one -on --one discussion. DOES COUNCIL WISH TO SET A WORK SESSION WITH COMMISSIONER MALA FOR WEDNESDAY, JULY 15, 1992 AT 7:00 P.M.? YT- 283 117- PENDGULMAE 71Zi111tU'0E.A FE'Nt-'-F CnM!`ANY POST OFFICE BOX 1119 KFNAT. ALASKA 99611 (907) 731-4059 June 18. 159'' Grawq Uri 11 i nP., ATTN: Lenark-i 344-2555 rt-oeiye t,i falogwi.-i project: Furnish and nw,01 opprx. 1722 1/f of 6' to Gage chainlink 00. barhwire, to' Qnn wire top and MYtom, 2 3/8 terminal posts, i 7/?, �1 line V,)st: �n&onlnvv 3 2W Lid Vaten afld 1 3' w:'ilk gate, d,�I.Ible drive qaic!r-, paztY. All ponz cnement�d an(, ail Bid Prioe flb,3M,00 a uv�,, 40 Suggested by: Administration City of Kenai ORDINANCE NO. 1468-91 i AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPR]ATIONS BY $70,000 IN THE GENERAL FUND Y FOR AN ENVIRONMENTAL STUDY AND RELOCATION COSTS RELATING TO LOTS 10 ltf' THROUGH 13, BLOCK 1, CIIAP. WHEREAS, the City of Kenai has been working with the Alaska CourttJJ__ System to construct a new court facility, and bk . lrxNu'� WHEREAS, the preferred location of the facility is Lots 10 through 13, Block 1, CIIAP,. presently leased by Grace Drilling Company, and WHEREAS, to induce Grace Drilling to terminate its lease ap oximately four years prior, to scheduled expiration, the City is ed to help finance relocation costs, including relocation of the fence; and WHEREAS, the City must conduct an environmental assessment of the property to establish that the site is suitable for the court facility. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $70,000 Increase Appropriations: Land - Professional Services $30,000 Land - Relocation Costs 40,000 _ $70,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 30th day of October, 1991. ATTEST: Carol L. Freas, city Clerk cur Approved by F finance:_ (fGtG? (10/09/91) kl Introduced: October 16, 1991 Adopted: October 30, 1991 Effective: October 30, 1991 e ]!SIITIIAL RELEASE ecor 0396 n,�E 471 GRACE DRILLING COMPANY, of 1211 E. 80th Avenue, Anchorage, Alaska 99518, (hereafter referred to as "Lessee"), and the CITY OF KENAI, of 210 Fidalgo Avenue, Kenai, Alaska, 99611, -(hereafter referred to as "City") on the IWS day of 1992, do hereby mutually rescind that certain Lease Agreement dated November 21, 1990 and recorded on December 3, 1990 in Book 0375 at Page 001, in the Kenai Recording District, Third Judicial District, State of Alaska, for lease of the following described real property: Lots 10, 11, 12 and 13, Block 1, Cook Inlet Industrial Air Park, Kenai, Alaska This mutual release and termination of said Lease Agreement is subject to the following conditions: 1. The effective date of this Mutual Release shall be June 1, 1992. 2. The leased property shall be free and clear of any liens or encumbrances. tr 3. Grace Drilling shall be responsible for the 1991 and P -a�Pd 1992 property taxes for the leasehold estate. 4. This Mutual Release shall not be effective until signed by all parties. 5. This mutual release shall not in any way abrogate the duties and responsibilities contained in Paragraph 54 of the Page 1 of 3 - MUTUAL RELEASE Lessor Lessee:-�; Eou 0396p,-1-472 Lease Agreement, except that the City shall be responsible for the entire costs of the environmental assessment described in paragraph 54(d). 6. The City shall have the right to enter upon the premises to conduct site surveys, environmental assessments, soils investigation, and other necessary pre -construction engineering work. 1 7. As compensation for costs and expenses lessee shall incur in moving from the leased premises, and in order to induce the lessee to voluntarily rescind the lease agreement between the parties, the City shall pay the lessee, Grace Drilling Company the amount of Forty Thousand Dollars ($40,000.00). Payment of said amount shall be made within thirty (30) days of the execution of this release agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. u" LESSOR: CITY OF KENAI .MENO By Willialq J. B 'ghton City P&nager ATTEST: Carol L. Freas, City Clerk LESSEE: IGRACE DRILLING COMPANY 13y�C`�-�^'�c'L v�.w Cal Massmann, Vice President Finance & Administration Page 2 of 3 - MUTUAL RELEASE LessorcLAd Lessee. Ij STATE OF TEXAS ) COUNTY OF DALLAS ) ss EooK 0396 P' E 473 ON THIS DAY personally appeared before me Cal Massmarin, the Vice President, Finance & Administration of Grace Drilling Company, to me known to be the individual described in and who executed the foregoing Mutual Release, and acknowledged that he signed the same as his free and voluntary act and deed for and on behalf of Grace Drilling Company, for the uses and purposes therein mentioned. GIVEN under my hand. and official seal this ld+iA- day of January, 1992. 8ANOAA K MORRIS Ndwy FdkShkdTan NOTARY PUBLIC for State of TEXAS ry,1X*U mo My Commission Expires: a*u STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 1992, WILLIAM J. BRIGH'TON, City Manager, City of Kenai, individually as well as .in his representative capacity, being personally known to me, appeared before me and acknowledged the voluntary and authorized execution of the foregoing Mutual Release on behalf of the City of Kenai, for the uses and purposes therein mentioned. NOTARY PUBLIC for State of ALASKA s My Commission Expires:_2z/ 1 '-2 I1� 12 in!'" 3 35 Page 3 of 3 - MUTUAL RELEASE Lessor Lessee: Z:F,: CONSTRUCTION CHANGE DIRECTIVE OWNER ARCHITECT CONTRACTOR FIELD OTHER ❑ O o O p . cc raw J j% 41A DOCUMENT G714 (/narructumn on ►errrw side Tho dtKvmrnr nYjlaa� AIA ax-umenl G'1 i. C.o►utruction thaw Aurbnnznlron ) PROJECT: Kenai Congregate Housing DIRECTIVE NO: 23 (name, address) City of Kenai DATE: 15 June 1992 210 Fidalgo; Kenai, AK 99611 TO CONTRACTOR. ARCHITECT'S PROJECT NO: 9017.00 (name, address) Gaston 8 Associates, Inc. CONTRACT DATE: 8511 Hartzell Road Anchorage, AK 99507 CONTRACT FOR: You are hereby directed to make the following change(s) in this Contact: 1. Change fin tube type FT-2 in the 3rd floor commons area to fin tube type FT-1. 2. Provide twice the length of fin tube type FT-1 as is indicated for fin tube type FT-2. 3. InstaU fin tube type FT-1 so that the fin tube runs under the window and extends equally down each wall. fUR LUUti,AL 10iiETING OF =1WIP^ (it) a:gr. —[D Attorrey 14K®Pub,i�: Works -[j City Clerk Oriqinal To-P-%L Submitted By-11 Council OK CNN, []Yes Ck-- PROPOSED ADJUSTMENTS 1. The proposed basis of adjustment to the Contract Sum or Guaranteed Maximum Price is: ❑ Lump Sum (increase) (de(re25e) of t ❑ Unit Price of f_ per ❑ as provided in Subparagraph 7 3.6 of Section 00940 of the Contract Documents for maximum cost of $ 1,794.00. ❑ as follows: 2. The Contract Time Is proposed to Qt3E3(3f4Xt> k0Xremzin unchanged)(JOAitl(PXOO 4IfAIdAO$A(Ot#JfitX1Q X%Xl6XQfi)O)(DtilitLYAXbXYYXXYYY XXXX owx X gK jUKY44U)O* x y xXXXXXXXXM)$XX When signed by the Owner and Architect and received by the Cbntmaor, this document becomes effective IMMEDIATELY as a Construcuon Change Direcuve (CCD), and the Contractor shall proceed with the change(s) described above. _Livingston Slone, Inc.___ __City of Kenai ARCHITECT OWNER _3900 Arctic Blvd., Suite 301 _ 210 Fidalgo Address ,� Addrr w; 4ncho_ rage, ,AK 9950 ---� Kenia, AK 99611 DATE _` �/tJti :_ DATE Sigruture by the Contrxlor indreates the Coi, trxior's agreernrnt twith the proposed adjus+ tnents in Contract Sum and Contract Tina srs forth in this Conuruction Change Duccuve Gastrin x Accnirato, Tnr CONTRACTOR 8511 Hartzell Road Address Anchorage, AK 99507 BY DATE AAA 00CL4W T 0714 • CONSTRUCTION CHANGE DIRECTIVE • 198' EDITION • A,A• • C 198' • THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AV NM Na'. WASHINGTON, D C 20006 ge f .� Of G714-1987 1791-1991 CITY OF KENAI ",od CapdW 4 4�"�„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 - MEMORANDUM TO; William J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: June 25, 1992 SUBJECT: Kenai Congregate Housing_-. CCD #23 FOR: City Council meeting of July 1, 1992 The City of Kenai requested larger windows for the third floor lounges which was approved in Change Order No. 2. When we enlarged the window we encroached into the area below .the originally planned window which is where the taller FT-2 fin tube heater was located. With less room under the window we have to go to the shorter FT-1 fin tube heater. In order to maintain the needed heat we have to extend the FT'-1 fin tubes down each wall, thus increasing the cost. Livingston/Slone feels the cost estimate of $1794.00 is too high, therefore, the Construction Change Directive. KK/kv This is a result of a City requested change to the project - enlargiing the 3rd floor windows. .. _ Of 10 m N O T E : ---------- All materials and methorJ5 III t o PARTIAL 50UTH F EVAII()N as In KENAI COt43RE— -=ATE NO 51W-3 PROJECT N4N,' :! (July 5, tom!), 1rIt55 ottmwi5- notcd ,_--� P\EVI SEC? WINDOWS Al 3�rR I 5 0 � � 9�»� T, 0. page y Of CHEWD Bpi IGA. ��,[,�,�� � � PRtuCT t•i,uE � p�i� ld:)/� 8/91 -- Kenai Congregate Housing C P.2/ 12 GAS131YDN' 087 May 7 -- 1992 AssociiATES, INC. GENER&L CONTRACrOR6 8511 Hartzell Road Anchorage, Alaska 99507 Contractor's License #A13750 Fax (907) 349-86,91 Phone (907) 344.1717 Change Order Request * 92 To: Livingston Slone, inc. 3900 Arctic Blvd, Suite 301 Anchorage, Ak 99503-5790 Attn: Joe Abegg / Murray T. Ref: Kenai Congregate Housing # 9C 17 SubJ: PRN &01 1 / Change F7-2 to FT-1 ;>rd Floor Common Area / Please Rush PrCE/ Please review the attached cost proposal and execute a change order for the above referenced item for the cost as identified no later then end of business 6-4-92, so that we may order materials to avoid and further delays and to incorporate it into the next pay estimate. Additional administrative and supervision cost maybe incurred if a 0tmstr uction Change Directive is used in lieu of e Change Order Please see attached ar;t breakdown for the arnoun' of $ 1,719400 dolla's " Because of the numoer of changes, ASI's, DUR's, FFP's, CCD's, PRN's, to date we are unable to determine whether or not additional time and/or impact =t will be incurred as a result of the above reference changed work item if such cost can ra5sonably be attributed to this changes they will be forwarded to you when known. t See below contractors response 1 Contractor's Response See attached sheet for additional cost and time. The cost data in this proposal includes only the direct cost of preforming the change work described. Gaston and Associates, Inc. reserves the ;fight to request additional compensation for any impact cost: including, without limitation, delay, disruptions, and accelerations, which performance of the changed work may have on the contract wori . nk's Da Projwt Man&er cc: City of Kenai Attn: Keith Kornelus a geiOf'_ 07 Q1 1 , 9 1 ryye • i'lI C7 �C 1 1 � 'I KL r Ilse f l l b_ I»710 ( 283 6106 P.5112 P.2 REDOUBT (PLUMBING A HEATING P.O. Box 1290 Kenai, AK 99611 May 29, 1992 Gaston & Associates 8511 Hartzell Road Anchorage, AK 99507 Attn: Dave Ashworth Ref: KENAI CONGREGATE HOUSING PRN 11 dated May 26, 1992 �0� c p ) 61 uir 02 In response to the above referenced proposal request, our change order cost proposal, is as follows: North Wall FT-1 Material Cost :32' cover 8 5,68/ft $181.76 26' element 0 7.26/ft: 168.76 2 ea, valve covers 8 9.28 18.56 2 ea. inside corners 0 3.34 6.68 2 ea. 3/4 copper return bends Q 5.85 11.70 4 ea. tube supports A 0.50 2.00 4 ea. plastic element guides 0 0.45 1.80 24' 3/4 copper pipe 48 0.72/ft 17.28 3 ea. 3/4 90 A 0.46 1_36 Labor Cost 6 hours labor to install O s52.00/hr. 31.2.00 SUBTOTAL 741.92 Credit for FT-2 give FT-2 to City: cannot restock 3 hours labor t4 install 0 sS2.00/hr. (156.00) NET FOR NORTH WALL FT-1. $585.92 South Wall FT-1 Material Cost 28' cover 0 5.66/ft 159.04 22' element 0 7.26/ft 159.72 2 ea, valve enclosures • 9.28 18.56 2 ea. inside corner • 3.34 6.66 2 ea. copper return bend 3/4 6 5.85 11 -70 4 ea. tube supports 0 0.50 2.00 4 ea. plastic element guides • 0.45 1.80 20' 3/4 copper pipe o 0.72/ft 14.40 3 ea. 3/4 90 0 0,46 1 .38 .re Of AM-- i 0� �rt�c.�1 '1 283 6106 REJ:EIVED Labor Cost 6 hours labor to install 0 s52.00/hr. 312.00 SUBTOTAL 687.28 Credit for FT-2 give FT-2 to City: cannot restock 3 hours labor to install 0 652.00/hr. . (156.00) ----------- NET FOR SOUTH WALL FT-1 531.28 --- ----- "sect -O_r*yrhead Direct supervision to draw isometric, do material take -off, draft proposed change order: 2 hours 0 52.00 110.00 Expedite material 1 hour 0 52.00 52.00 Air test system, 2 hours 8 52.00 110.00 Freight 34.00 SUBTOTAL 1,423.20 15 % Overhead and Profit 213.48 ------------- TOTAL PROPOSED COST $1.636.68 ------------ The above proposal does not include the impact of inadequate coordination between the Mechanical, Electrical, Structural and Architectural design. There will be additional cost. if this work in accomplished under a Construction Change Directive instead of a Change order, 3 Ve 76 8 i 11 Toombs 12- ?61) fuu u 2 19#E 3e _.. W � Of. - PN: 9107.:20 PROPOSAL REQUEST Date: 26 ► ay 92 Project: Kenai Congregate Housing Owner: City of Kenai City of Kenai 210 Fidelgo 210 Fidalgo Kenai, Alaska 99611 Kenai, Alaska 99611 To: Gaston & Associates, Inc. From: Livingston Slone, Inc. 8511 Hartzell Road 3900 Arctic Boulevard, Suite :301 Anchorage, Alaska 99507 Anchorage, Alaska 99503 Please submit and itemized quotation for changes in the Contract Sum and/or Contract Time incidental to the proposed modifications to the Contract Docu- ments described herein. This is not a change order nor a direction to proceed with the Work described herein. Description: 1. Change fin tube type FT-2 in the 3rd floor commons are to fin tube type FT-1. 2. Provide twice the length of fin tube type FT-1 as is indicated for fin tube type FT-2. 3. Install f in tube type FT-1 so that the f in tub runs unde- the window ar.d extends equally dow'1 each wall. At taclynents : None. Reference: 1. DCVR #fir 162 dated 18 MAY 92. Rey By Date Req,.re _,ted : 2E. May 92 e 0 f Proposal Request Pager 1 C, C Y MECHANICAL AND GLGCTRICAL I�QZI�OPD���PD�fa D��. CONSl1LTIN0ENCi1NEGRi May 19, 1992 Livingston Slone, Inc. 3900 Antic Blvd. Anchorage, AK 99503 ATTENTION: Murray Tuckerman Dear Murray: REFERENCE: Kenai Congregate housing - DCVR G-161 G-162 DC VR-161 This is an architectural item which I believe has already been resoled by the general contractor. DCVR-162 Apparently there has been a change to the windows size in the 3rd. floor commons area, this change precludes the use of FT-2, 24" high fintube enclosure. To provide the required level of heating we propose to replace the given length of FT-2 with double the amount of FT-1. The enclosure length should be balanced on the three exterior walls. Supply and return should be routed in enclosure and a wireless control valve will still installed. This is a compE.nsable item as -the change in windows sizes were not coordinated with mechanical. Thank you, A"4L Or'/' ak- Warren L. Williams, Mechanical Designer emj 92-439 4F79 Are -tie PlvA Qidta >M _- Ame-hnrorin AW Q0rn'4-9SIA — Dhnne IQA?N o1A11[it — e.- nve ,mac. REDOUBT PLUMBING i DATING DESIGN CLARIFICATION/VARIATION REQUEST NV, PrIbOu b t" .a F}�Q �,�KENAI CONG/HaUS / !o 0- CQN ...T?a.0 W"LR=9017 � � ��u_ . �." s�-:_ _.. �1.�._!_LQiZ,�.� j� 1 �}�01 �.�5 1�o/P`��• � �D L!`�� �� Ref �_. Uesc.i_ipLiorl (k_egvgst) �.{)2 Ulhl /E� to, .fo 0( ) COG _F0ocAivu ,U-d ? -J)j - Roplx ps9uiC49 By_,�... 0r9i Bator : REDOUBT PLUMBING & HEAT INLa DATE : ,_�g� 1�- ARCHITECT/ENGINEER RESPONSE YARIATION {Re m a r Ct.pRIFICATION Reviewed By Date Approval Date `� Of . el" ? -•+ MECHANICAL AND ELECTM041 ��jj nn ryry�� ryry����pp 00N6ULTINrj SN`GI%fifift ����UU��U�UU�t oUu�5s0 C-000 e / 7 Livingston -Slone, Inc. 39M Arctic Blvd. Anchorage, AK 99503 ATTENTION: Dear Murray: REFERENCE: June 2, 1992 Murray Tuckerma.n JUN 0 5 1992 L/\/INGSTpN Kenai Congregate Housing - Cost Proposal #87 After reviewing the technical aspect of the cost proposal for replacing FT-2 with FT-1, we agree with the material take -off but we cannot comment on the cost of proposed changes. We feel the costs look quite high, but recommend that you consult with the cost estimator for an opinion on cost. emj 92-489 Thank ou, ' Warren L. Williams, Mechanical Designer Al, 0 f /0 2522 Arctic Blvd. Suite 200 — Anchorage, AK 99503-2516 — Phone (907) 276-0521 — Fax. 276-1751 JUN- 2-92 TUE 16:57 907 276 1751 P.01 June 19, 1992 Mr. Keith Kornelis City of Kenai 210 Fidalgo Kenai, Alaska 99611 JUN.1992 Received City of Kenzi PUblic Works Dept I; \ .��1• C7 r� i._�� JAQ19=06\�U� Architecture Engineering Planning Interior Design lncapa«e Subj.: Construction Administration Fee, Extened Services ��,�, Ref.: Kenai Congregate Housing FOR COUNCIL MEETING OF !1[La LSI PN: 9017.00; FN: 1.1 D City Mgr. —p Attorney ublic Works —0 City Clerk Financ�e,,ed ,, Dear Keith: Orioinal To- Submitted BY—P—"/ Council OK oNo []Yes Ck-- 1'd like to take this opportunity to finaliize our agreement for our extended construction phase services. During our March 31, 1992 meeting in. Kenai, we reviewed our position that the budget for our contracted services have been expended and, in accordance with our agreement, our obligation to provide continued services had ended. While the City did not say that it accepted our position, the Mayor did say the City definitely wanted us to continue to provide services. Both the City and we recognized that our continued services were important :for efficient execution of the construction contract and would prevent added costs due to Contractor delays. Therefore, we agreed to provide services without waiving our rights for full compensation. Also during that meeting, to settle the potential for a dispute over our compensation, I offered a compromise agreement for our continued services. That offer, which was later refined during discussions with you, consisted of the following: 1. We would delete L.SI's fees we had incurred through March 31, 1992 for all those "gray -area" service for which we could -possibly have contributory fault-. an amount we later determined with you to be $10,358. ^1 �,. c.�V`ewould ;J i'.of�- the lvJriifVi dhzb.ldinonal services vee .vern required to perform but which were previously paid as Basic Services. These would be recategorized as Additional Services. This would allow the City to adjust their accounting of the amount paid as Basic Services leaving a larger remaining balance for the continued Basic Services after March 31st (see Attachment 1, "Accounting Through March 31, 1992). Contractor -Related Additional Services: those services made necessary by the Contractor's activities requiring our response over which we had no control (substitutions, excessive DCVR's, and consideration of Contractor - requested changes). b. Other Required Additional Services: those services beyond our defined scope which are not Contractor -related. These would include City - Thomas W'. Livingston, AIA Donald E. Slone, PE 3900 Arctic Blvd. Su to M l -anchorage, Alaska 99503-5790 907) 562-2058 FAX (907) 561.4528 Mr. Keith Komelis 6/20/92 Page 2 requested services (such as the color change, and solicitations of Contractor cost proposals for City -initiated changes). 3. We would also discount LSI's hourly rates by 50% for our services for the balance of the construction period, April 1 through August 27, 1992 (see Attachment 2). 4. In exchange for the above, the City would compensate us as follows: a. Past Services (Prior to April 1, 1992): continue to compensate us in accordance with our contracted rates for the services performed through March 31, 1992 including both the Contractor -Related Additional Services and Other Required Additional Services. b. Extended Services (After March 31,1992): compensate us on a time and material basis, at the reduced LSI rates shown in Attachment 2, for continued performance of the construction phase services described in our original contract (Extended Basic Services) and required Additional Services. We have continued to provide our services based upon the Mayor's indication that he wanted us to continue and the expectation that we would either be paid under the above agreement, or, if this agreement was not finalized, that we would be paid at our contracted rates. We have offered this settlement to allow the City to continue to respond properly to the Contractor at a reduced cost. It is not an admission of fault by either of the City or LSI. It is LSI's attempt to work with the City to complete the project and represents significant financial contributions on our part. Please let me know as soon as possible if this proposed agreement is not acceptable or if you have any questions. Sincerely, LIVINGSTON SLONE, INC'. Donald E. Slone, PE President Attachments: 1. Attachment 1, Accounting Through March 31, 1992, dated 6/19/92 2. Attachment 2, Reduced LSI Hourly Rates, dated 6/19/92 9017 Basic vs Addl Srvc 3/92b Page 1 -,_. 1 ATTACHMENT 1 Accounting Through March 31, 1992 Kenai Congregate Housing LSI Proj. No. 9017.20 June 19, 1992 I. ADJUST INVOICED AMOUNTS FOR ADDITIONAL SERVICES Task _ ._----.—_ _Proj No. 1. "Basic" Services a. Orig. Amgt.-Housing 9017.20 b. Travel 9017.30 c. Amend #3 9017.40 d. FAA Road 9017.50 Subtotal 2. Contractor -Related A/S 9017.22 3. Other Required A/S 9017.21 Subtotal 4. LSI "Gray -Area" Discount Total Previous Recategorized Adjusted Accounting/Billing Additional Services Total $220,925 ($46,246) $174,679 $183,176* ($46,246) $12,790 $0 $16,999 $0 $7,960 $0 $220,925 ($46,246) $174,679 $0 $27,084 $27,084 $0 $19,162 $19,162 $220,925 $0 $220,925 ($10,358) $0 i ($10,358) $210,567 $0 $210,567 * See "Billings to Date" summary on page 2 on Invoice #8, Proj. No. 09017.20, dated April 13, 1992. H. CONTRACT BUDGET STATUS 1. Contract Amount (as amended thru 3/31/92) 2. Expenditures a. Total Expened $220,925 b. Decrease for Add'l Services ($46,246) c. Decrease for LSI Discount ($10,358) Adjusted Expenditures $164,321 Contract Balance Remaining Basic Serv. Add'l Serv. $236,510 $0 $164,321 $46,246 872,189 ($46,246) ** ** Required Contract Increase For Add'l Services = $46,246 ' xi CO o 00 r- WA -t C6 CM cn -- 69 6R 69 6A 69 64 64 64 a o CO) CA � NN ' y a+ .14 R U WWWWE�rR3EyU �1 � � �o .. LID a .� 0 L bA N 0 x o W)000000 � oCNI--r-�cW)' .-• 6F} 6R bFi b4 6F1 69 ;� � '� � 64 •3 U � F � CACA pWWA� Ln Q U W o U ✓� ri C) A sfa is cJ CL t O C\ a� 03 a U r�crci ;tivalu July 1, 1992 rUK LUUMAL MEETING Of Y/P f/4?Z [] City Mgr. ----C] Attorney AX-yPublic Works ----[] City Clerk —� Flnff ----0 Original To Submitted By-L"_. Council OK f]No []Yes Ck—. Mr. Keith Kamelis City of Kenai 216 Fidalgo Kenai, Alaska 99611 Subj„ CA Phase Fetes for Extended :Services Ref.: Kenai Congregate Housing LSI PN: 9017.00; FN: 1.1 Deal Keith: Artnitectur!ngineering Planning Interior Design W ate+ w Our p:vjecilon of the effort to provide. extended construction phase seryrices through August 27, 1992, the cons acted date of Final Completion, is $89,600 based on agTeeirlents sct Out in trey Tune 19, 1992 letter to you. We anticipate that this amount Will oo er both past additional services and extended basic services through 0�e dare of Final Completion of the construction contrast. This amount reflects credits and discounts by Livingston Slone, Inc. of over $62,000.00. Sincerely, L VINGSTON SLONE, NC. J���UA-4— Donald E. Slone, PE President Se / ,— Of ? -M now Thomas'.`. Livingston, A!A Do ,aid E. Stone, PF Basis For Projected Increase contavxd in LSI's June 30, 1992 Letter to City of Kenai REVISED July 1, 1992 We arrived at the $89,600 mquimd increase in the refeIrnced Ietter as foUows: 1. Expended tahrough May 31, 1992 ........ ...............$288,250.20 2." Budgeted amount per Agreement.......................($236,510.00) Budget Overage @ 5131192 $71,740.20 3. Projected Extended Senices 6/i thru 8/2"7 .............$100,062.10 (estimate) Projected Ada rional Cost thru 8,27192 $151,902.30 4. LSI Contribut or.s........................................ ($62,213.13) (estimate.) a Qaesdoncd Services $10.358.00 b. 50% Rate Reduction $51,855.00 (est.) (May thm Aug, '92) Esdmated Addi, o;:al Flaming rlvu 8�27l92 ,.589.17 Round to $89,600.00 ge of MEM Lr. �U�.1992 Anch, ReePived o��t�iiic v grits Debt ') NGSTGN SLONE, INC. tic Blvd. Siiu 101 it, Ak Aa MOI.5790 2058 F= (907) 561-4328 I ve. s,:i m TO; Keith Koelis �� DAaT July 1 1992 FROM. Don Slonepl SUBI.: CA Foe Settlement USENT VIA FAX 5 fHard copy to jol!ow RE: Kenai Congregate Housing PN: 9017.00 FN: 1.1 1 received a call from Wince Corthell Byrson this morning indicating that their balance to complete they gave me yesterday was incorrect. They had not received their surveyor's current invoices. As a result the estimate of the amount to complete will have to be increased by about $8,050. The following is dw information contained in my 6130192 Memo to you revised to reflect the new cunounts. (new amoun s are in italics) REVISED 7/1/92 Keith, the following supplements my ;rune 30.1992 letter to you. It is a detailed explanation of the fee status as of May 31, 1992; the projected cost to provide extended services to August 27,1992; and the uupacts of our settlement offer on those amounts, Through May 31st, we had slant a total of $288,250.20. Since our budget was only $236,510.00, we had exceeded the budget by $51,740.20. However, this total experdinire included $35,485.38 in Contractor -Related Additional Services and $24,199.56 in Other Required Additional Services for a imal of $59,684,94 in Additional Services. - If these $39,684.94 in Additional Services are funded as Additional Services rather than being deducted from our Basie Servicees budget, we would have $7,944.74 remaining M our budget rather dw, the $51,740.20 deficit. Further, we have offered to delete $10,358 in LSI charges for all items fo: which we may have contributory fault. If we do this, it will raise our budget balance to $18,--02.74 ($7,944.74 plus $10,358.00). As you have requested, we have made a proje::tion cf the cost of services to tA- c the pn ject through August 27, 1992, the dace of Final Completion. At our normal rates, and assuming the same level of effort as has been required f6r the last two =-ahs, we cstin;ate the cost from June 1 to August 27 wi l be $102,062 10. However, we have ofi'ert,14 a settlem-ert of all potential Claims o;ir CA ser-sees under which we would reduce LS1's fees by 50% for our senricts fro;;t A.�,il 1 tlLoagh August 27, 1992. This would result in an estimated additional $51,855.13 cra..dit w ach would reduce the $102,062.10. amount to $48,206.97 .: I`h.is Droposal is accepte<:, an inc.;eas,: of only $29,9CW.23 yell be required for our cxtended ,crviccs f;'om June 1 through August 21 (r18,206.97 nt.inus the $18,302.74 budgt balance). ge Of 1 Memo: Keith Komelis 7/1J92 Page 2 Please note that this $29,004.23 is in addition to the $59,6S4.94 in Additional Services through May 31st. for an estimated total required increase of $89,589.17, While this is a significant amount, it is substantially less than the $151,802.301 that it would cost the City before LS1's $62,213.13 contribution ($51,855.13 plus $10,358). While we are willing to accept the $89.589.17 as an amended increase to our contracted Hourly -Not -to -Exceed amount, we are not able to "guarantee" that this amount will cover all expenses in all situations. 'There are just too many variables over which we do not have control. The City may want to establish a contingency in addition to the $89,589.17. Keith, we ate making this offer at considerable cost to us. We hope that the Ci of Kenai will consider this offer as our sincere eff'on to settle potential difficulties and at the same time allow continuation of our services in a very cost effective way. We would like to finalize this agreement And be paid for our past due invoices no later than July 15, 1992. If we cannot reach agreement for our extended services by then, we both should find other means to proceed. 1 S59,694.94 ALLIdonaE Scmices plus S102,062.10 to complete Im the 579-W.74 budgLn La ice as of May 31 st 7 ne � Of �_ WO Basic v: Add Srvc 3,192c rAgt 1 of , ATTACHMENT 1 Accounting Through March 31,1992 Kenai Congregate Housing LSI Proj. No. 9017.20 June 19, 1992 Revised .Tune 26, 1992 - I. ADJUST INVOICEI) AMOUNTS FOR ADDITIONAL SERVICES Previous Recategorized Adjusted Task No. 1. 'Basic" Services a. Orig. Amp: Housing 9017.20 b. Travcl 9017.30 c, Amend 03 9017.40 d. FAA Road 9017.50 Subtotal 2. Contractor -Related A/S 9017.22 3. Other Required AJS 9017.21 Subtotal 4. LSI "Gray -Area" Discount 'Total AccountiBillin $231,283 $193,534* $12,790 $16,999 $7,960 $231,283 so $0 S231,283 ($10,358) S220,925 * See "Billings to Date" summary on pag: 2 on Im oice #8, Prof. No. 09017.20, dated April 13, 1992. IL CONTRACT BUDGET STATUS 1. Contract Arrant (as' amt.nded thru 3(31/92) 2. Expenditures it. Total Expened S211,283 b. Lecrrase for Addl Services (1$A6,246) c, Decrease for LSI Discount (y 10,358) Adjusted Expvnditur:,s S174,679 Contact Dkilance TZcniaining Additional Services Total ($46,246) 1 $185,037 (S46,246) $0 so so R sjy�ery Add'l Serer+ $236,510 s0 S 174,679 $46,246 $61,931 (`46 2 ,6) ** Required Contract 7nci-ease nor Add" Services = $�:6,246 (S46,246) $27,084 $19,162 �0V so So $185,037 $21,684 $19,162 $231,283 (;10,358) $220,925 9017 Basic vt Addl SrvC 5,72 Ptbc 1 of 1 ATTACHMENT 2 Accounting Through May 31,1992 Kenai Congregate Housing LSI Proj. No. 9017.20 June 30,1992 1. ADJUST INVOICED AMOUNTS FOR ADDITIONAL SERVICES Total Through Gray -Area Adjusted Task Pro' No, May 31, 1992 Discount Total 1. "Basic" Services $228,565 1 11 1� a. Orig. Amgt,-Housing 9017.20 b. Travel 9017.30 c. Amend 03 9017.40 d. FAA Road 9017,50 Subtotal 2. Contractor -Related A/S 90171.22 3. Other Required A/S 9017,21 Total II. CONTRACT BUDGET STATUS $182,670 $18,029 $17,078 $10,788 1. Contract amount (as amended thn; 3/31/92) 2, l3xpenditures a, Total Expened $288,250 b. Decrease for Add'l Services $59,685 a Decrease for LSI Discount $10,358 Adjusted Expenditures $218,207 Contract. `l alance'F,emairling $228,565 $35,485 $24,200 $288,250 h sic Sery Addl Sere. $236,510 $0 $59,695 $218,207 $18,303 �$s9,G8s) ky ** Pcquired Contract Lac;easa, For 1dd1 Services Q5!).b3s $21 8,207 $35,485 $24,200 $2771892 e _ �p Of INQUIRY BA173S-5 i BUDGETING / ACCOUNTING Encumbrance History 06'29/92 W5 14:00:30 Type choices, press Enter. D:Tran Detail E:Encumbrance History I=Vendor Inf`.o. V:Voucher History 3 --Vendome Naaer,T.;-AINI�IGSTON-SIONE4ND,---Mort W ae•• hiyiNG N0--45 67 _ __---.--- 4k Open/Closed/All: Tran Type.: Tran No: Dist No: 5 Choice ......... . E starting Post Period ... . 6 ............... -------..... -................................................. s Opt Tran. Number Date Post Per. Original Amt Activity Balance D e-fI.; - — -_-_ Ho PO 31716 - 12/12/90 12190 226000.00 226000.00 .00 owl 10.9 PO 40617 08/16/91 08,191 28132.0 -10788.25 17343.75 Des S n - Road d� 1° " 188900PO 40618 08/16/91 08191 .-176911.22 12877.78 hM ffJp =2 erc T. - HR vo wa f.,S 12 FO 41629�91 ' -1699a 2s Ma 14 o�J,,�„ 13 ... _ 14;.,. 13 , 16 1788 1819 20 END OF FILE HAS BEEN REACHED TRANSACTION TOTAL : 31811.27 21 Active Keys - HRLP cxnl CH 3-_Ml-- lD8_Racr. 22 11-03 SA KW KS IN II S1 K3 23 24 2B 2. 30 s` 131 i 3` 39 351 38! 381 .39 IL 41 42� 43S 441 45' i '47 f 1791-1991 CITY OF KENA, 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 MEMORANDUM TO: City Council Members FROM:41Cary R. Graves, City Attorney DATA 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 MEMORANDUM TO: Kenai City Council FROM: Wm. J. Brighton, City Manager City of Kenai DATE: June 25, 1992 RE: TEX EPHONE POLL Mayor Williams has requested[ a transfer of funds and a purchase order be issued to R&K Industrial for the high pressure water blasting and painting (in light gray Amoron) of the T-33 airplane and the sandblasting, primer, and painting of the stand on which the plane will be situated. Total cost of the requested work is as follows: Man lift equipment rental $ 400.00 Sandblast, primer & paint stand 750.00 Airplane paint job 2,241.00 TOTAL JOB PRICE $3,391.00 Authorized by: m. J. righto City Manager Funds are available in Legislative Miscellaneous for the transfer of $900. After transfer, funds will be available in Parks Repair & Maintenance to cover the purchase order to R&K Industrial. Charles A. Brown, Finance Director Attest: `, :.C� Carol L. Freas, City Clerk _ Mayor John Williams Raymond Measles, Vice Kevin Walker Hal Smalley Linda Swarner Art McComsey Christine Monfor Yes No Mayor x oue 4N4 �osv�✓ Po 1 to e Carol L. Freas CITY OF KENAI ADMINISTRATIVE BUDGET TRANSFER (May not exceed $999.99) Date: Fund/Department: Transfer from: Account Amount Transfer to:,- GD / • 4- P9 • aD Justification of need for additional monies In account(s) transferred to: tion of why excess funds exist in accounts) transferred from: Requested by Department Head: Approved by Finance as to ava;lab;i:ty of unencumbered balances: Approved by City Manager (or City Clerk or City Attorney If Intheir Departments): _ Transfer No. (suppl:ed by Finance): T-FY Dog days at Lloyd's LnuaryI names wo January 1st.. '000 n 30 99 1' N To escape death by losses and litigation, Lloyd's of London needs to become W. � W_ w 91 9: a medium-sized insurance company ON JUNE 24th the chairman of Lloyd's, David Coleridge, will announce a loss of £2 billion ($3.7 billion) for 1989, the most recent reporting year for the London insurance mar- ket. Another £1 billion -plus loss is expected for 1990. The bulk of these billions is hitting 5,000-odd "names" (the individuals who provide Lloyd's capital) on syndicates that specialised in excess -of -loss reinsurance against catastrophes. These dis- tressed names do not think they are merely the victims ofhurri- canes, earthquakes and storms. They suspect underwriting negligence or worse, and many will sue rather than pay. So the next fewyears look grim, which raises two questions: can Lloyd's survive, and would it matter if it didn't? Certainly Lloyd's is less significant, to world insurance and to the City of London, than it used to be. But it is still a leader in marine insurance, specialist reinsurance and the assessment of new risks such as satellites. These virtues are being swamped by the names' complaints and the market's wider problems. Lloyd's can survive, but only by becoming duller. On the brink For the past two months the council of Lloyd's has pondered spreading the losses more widely around the market. It has now decided that that would not work (see page 71). Names who think theycan cover their losses through litigation are un- willing to give up their right to sue. Some have said theywould consider a deal if they were left to pay only 10% of their losses — which would cost £L4 billion for 1989 alone. On the other side, names who, bygood luck orgood judgment, avoided the syndi- cates that made heavy losses see no reason to breach Lloyd's 300-year tradition of unlimited liability by bailing out thei r fel- lows. They are already cross at having to provide an extra £500m over the neat three years to boost Lloyd's central fund. This intransigence is understandable To meet loses of, say, more than 500/. of distressed names' underwriting limits would cost E700m for 1989—around E35,000 for each of the other 20,000 names —and more in later years. Nor is there any other pot ,)f gold to go for 'The errors -and omissions insurers .who might have to pay for negligent undenvri ring have lim ited exposure --and most of them are Lloyd's names anyway. `The market's underwriting agents and brokers say they have too lit- tle capital. Any notion ofa loan cr a levy to be charged aoinst future profits would deter potential irivestors from risking their capital in Lloyd's. Lloyd's has had tough times before. In 1965-67, losses to- talled nearly 20% of premium income. But they were followed by 20 years of profit. True to this cyclical pattern, most insur- ance premiums have risen sharply in the past 12 months, so 1992 should be a profitable year. Yet Lloyd's is in worse trouble than in the 1960s. Its losses are bigger: 1989's alone corrre: to nearly 20% of the market's premium income. They have come when the top personal tax rate against which names can offset losses is 40%, not gi%. Threats of massive litigation are also new. Names who are not, in effect, tied to Lloyd's because they, have open years (for which the accounts cannot be closed) have been resigning in droves. And for the first time policy -holders X are questioning the wisdom of putting business at Lloyd's. To stay alive, therefore, the market will need to change rad- ically. The recommendations in january's _Rowland report — such as a compulsory high-level stop -loss for names, and trad- ing it syndicate memberships —are merely a starting -point. Litigation, the hangover from the past and lower personal rax rates will make it desperately hard for Lloyd's to attract new capital from individuals. The market will have to draw in cor- porate capital, probably from commercial insurers. The capital will come only if Lloyd's changes its manage- ment. Lloyd's has a structure of committees and bureaucrats that would do a government department proud (indeed, many staff are former civil servants). That is not good enough for an insurance market that, requires tough management to fend off competitors. Lloyd's needs a full-time chairman with a sup- porting board of directors who are proven managers. They must cut the market's costs, including pay. In the 1960s Llo'�ld's had lower costs than most insurance companies; today the re- verse is true. The market should also delegate its regulation :o a public body such as the trade department. Sut:h changes would blur the distinction between Lloyd's and th.- insurance companies, but not abolish it. For instance, there i, no reason for some individuals to stop being unc.er- writin f names, an arrangement that has tax advantages as v,dl as allowing their capital to work twice. And the new -leak Lloyd's would retain the underwriting expertise and brand name that it has built up over three centuries. For most of t;iat time it has made bigger profits than the commercial insurer,. if it could rediscover that habit, even a shrunken Lloyd's would have a -�uture. i-le 1101 11 I ­a wT"'99- FINANCE Undermining the foundations Denied a bail -out for past losses, angry Lloyd's narnes will keep suing to avoid paying up. That will destroy confidence in the market FOR two months Lloyd's has studied ways of helping its "walking wounded". That is the term its chairman, David Coleridge, uses to describe the S,000-odd names — those mostly rich individuals who provide Lloyd's capital —who are facing losses of up to £500,000 ($930,000) apiece for 1989. Most were on syndicates managed by such defunct agencies as Gooda Walker, Feltrim, Rose Thomson Young and Devonshire, which specialised in excess -of -loss business. Much ofthat was reinsured in the LMx "spi- ral" that brought juicy commissions to bro- kers but landed names with ever bigger losses. The names' action groups reckon that underwriters who joined the spiral were, at best, negligent. On June 18th Lloyd's admitted that, even with the help of S. G. Warburg, an in- vestment bank, it had been unable to come up with a rescue plan. Mr Coleridge can now expect a roasting from names at the annual general meeting on June 24th. He is also expected to announce overall losses for 1989 then of f2 bil- lion (the market keeps accounts three years in arrears). The release in July of rwo reports —one by Sir David Walker, the incoming deputy chair- man of Lloyds Bank, on the r mx spiv- ral, and another by S i r jeremv Morse, the bank's outgoing chairman, on the market's governance —will increase the pressure. Yet Lloyd's failure over the bail -out was not surprising, for it faced irreconcilable interests.. In one comer stood the distressed LMx names who have been advised that they will win lawsuits frar negli- gence. Alfred Doll -Steinberg of the Gooda Walker action group has madeclear thathis nameswo.rld give up litigation rights only if the market relieved them of all losses abo%,e 101,6 of their underwriting limits..\ccord- r,lg to Chatset, an independent ana- kst, that would have cost E1.4 billion f:lr 1989 alone. In the other corner were the re- maining names, who have been e;lually adamant that they are nct prepared to fork out for a market rescue. Many of them have losses of their own — though distressed names observe that such losses would have been higher had under- writers not taken advantage of the LMx syn- dicates to dump their worst risks. But what doomed any rescue package was the an- nouncement by Lloyd's two weeks ago of an extra levy-1..66% of underwriting limits for each of the three years of account from 1990 to 1992—designed to double its central fund to £1 billion. Names who are angry about this are in no mood for more levies to bail out their brethren. The walking wounded say they are not looking just to fellow names f)r help. They reckon that the brokers and underwriting agencies which profited handsomely from Lloyd's in the 19" should now pay some money back. Though they might chip in to Lloyd's hardship fund, agencies are unlikely a to pay much. Sturge, the biggest, s.i,.v its share price drop by a third when it an- nounced its results recently. Brokers too claim they are strapped for cash. Another target for the distressed names is the errors and omissions (E&O) policies that insured members and managing agents against negligence claims. E&co syn- dicates might be willing to volunteer some money for the good of the market; they paid £116m to settle the Outhwaite negligence suit in February. But the E&o pot is proba- bly no bigger than £500m. And the s�mdi- cates have reinsured some risks outside the market with German and Swiss reinsurance companies, which are unlikely to fork out without a court order. The leading Lloyd's ENO underwriter, Stephen Merrett, is tak- ing a tough line on negligence claims (tie has also disclosed that he was paid more than Elm byhis agency in 1989.) Other possible sources of cash foc the distressed names are the auditors to the LMx syndicates. The Corporation of Lloyd's is a harder target, since it is immune from negligence claims under the 1982 Lloyd's Act. Talk of a special loan that might be re- paid by a levy on the market's future profits has now faded. In any case, commercial banks are not keen to increase their expo- sure to Lloyd's. They dished out many guar- antees, secured on real assets, to names in the early 1980s, to enable them to un- derwrite business. These are now be- ing called in. . A torrid summer ahead The only help that Lloyd's is abk- to offer distressed names is better tr-at- ment from the hardship fund and from Centrewrite, the syndicate set up to offer quotes for assuming F ast open year liabilities. The hards,up fund has settled with fewer than ;.00 names; another 700 cases sit in its in- tray. It may attract more applicatioris if it allows names to keep more in- come and a bigger house; but its fi �t - dom to do so is limited by the sizf >f the central fund. Equally, Cervr�- write, which has quoted such h j,h rates that it has ,vet to take on arty business, could offer more generous terms —but it might then have big,., r losses to load on the central fund. Lloyd's is left with the gloor, v prospect that names will refuse to E v ° losses and will sue for most of t e summer. In 1990 and 1991, accordi to Chatset, the market will record Ft, ther losses of more than E1 billii: i and E750m respectively Since the i TrsE Eco Nomisr juNE LOTH 1991 ;n FINANCE Into the ditch Lloyd's pre-tax profit/loss 1.ow rM sal Chatset — estimates — Ll50a 1,000 E I 1,SOC zoa —L 1985 86 87 ✓0 89 90 91--- Teuts U".h ✓ L-1— Cn.ert sources of the central fund were boosted, the chances that the market will actually run out of cash are smaller than they were. Never- theless, the Department of Trade and in- dustry may raise some awkward questions when it is asked to certify Lloyd's solvency at the end ofJuly. The market's troubles have also diverted attention from the job of implementing the Rowland taskforce repor- published in Jan- uary. Lioyd's has decides' to adopt the plan for a compulsory high-level stop -loss scheme for names starting in 1993. It has, also made it slightly more generous, by low- ering the point at which the scheme kick..,.. in —from losses over three years that amount to 100% of a name's annual under writing limit to losses over four years that amoun, to 80% of that limit. This may re- quire a higher annual !e1.-, on names than the 0.5% envisaged by the Rowland group. Other work, on such slues a, improving names' rights, trading syndicate member ships and attracting corporate capital, has been derailed by worries over the implica- tions in America. Becaus'" Lloyd's is based on sole trading with unlimited liabiLty, it has been given tax breaks and an exemption from federal securities is%vs in America. It fears that any moves that make it more like a company, with indivicual shareholders. could put those benefits a,, risk. It is already being sued in several American courts, though this week it won a `avourable..udg- ment in New York. Yet a move towards corporate mernber- ship and a blurring of t7e boundaries be- tween Lloyd's and the insurance companies is the market's best bet. As reamer; leave over the next hew years, its capacity could sl- rink from £10 billion to £1 bil';ion or less. Confi- dence among policy-hc_,lciers is being &nted ty unending litigation and by con- cerns that names ma4 withhold from L oyd's the money it needs to pay its claims. L!oyd's could end up smaller than most British composite insure ! i is time for it to jcin their ranks. ..2 FEDERAL GOVERNMENT DEBT (billions of dollars) Seasonally Adjusted End of Month Totals Federal debt held Federal debt held Federal debt held Federal debt held Gross by agencies Net by Federal by private by foreign federal debt and trusts federal debt Reserve Banks investors investors 1988 March 2487.5 498.9 1988.4 220.8 1765.2 330.9 June 2548.8 528.3 2021.6 227.1 1796.9 343.5 September 2614.3 552.1 2062.4 232.7 1830.8 348.6 December 2672.8 584.8 2085.7 231.6 1853.8 362.7 1989 March 2738.1 61 1.3 2122.1 232.5 1887.1 374.8 June 2801.9 650.3 2152.7 231.2 1921.0 367.7 September 2870.1 678.7 2191.4 224.4 1967.8 398.8 December 2942.1 702.9 2235.7 221.1 2011.0 391.7 1990 March 3046.9 734.0 2.315.4 223.5 2096.6 383.3 June 3" 4 6. 8 766.2 2382.2 230.7 2156.0 390.0 September 3247.7 738.4 2449.1 236.8 2217.6 407.8 December 3:153.0 82,'.3 2525.8 250.9 2282.6 418.9 1991 March 3458.3 880.3 2582.0 252.3 2339.8 428.2 Ju ie 88.1.9 2658.9 254.4 2414.6 440.1 Sectember 3681.5 92,1.9 2758.3 269.8 2500.6 447.7 December 3788.4 96" .4 2820.8 278.1 2556.6 453.9 FEDERAL GOVERNMENT BUDGETS (billions of dollars, quarterly totals seasonally adjusted at annual rates) Receipts Expenditures Surplus or deficit(-) National Cyclically National Cyclically National Cyclically income accounts adjusted income accounts adjusted income accounts adjusted Quarters budget budget budget budget budget budget 1985 797.8 619 3 947.7 953.0 - 149.9 - 133.7 7`.38.6 80 7 964.9 964.4 - 206.3 - 183.7 :? 794 3 811 8 976.3 991.3 - 182.0 - 179.5 4 803 6 d2e" 0 990.8 1012.6 - 187.2 - 190.6 1986 809.4 8164 992.7 1001.4 - 183.3 - 185.0 8 14. 2 8322 1038.0 1045.2 - 223.8 - 213.0 3 828.2 852 1 1047.9 1032.4 - 219.7 - 180.3 4 85(3.8 875 5 1034.3 1038.7 - 177.5 - 163.2 1987 ' 8584 875 1 1048.1 1057.4 - 189.7 - 182.3 928 6 936 1 1058.9 1060.4 - 130.3 -122.3 924 5 19272 1059.0 1065.6 - 134.5 - 138.4 9435 930 0 1096.3 1103.0 - 152.7 -173.0 1988 1 9405 924 9 1098.0 1098.0 -157.5 -173.1 9704 949 5 1105.0 1111.4 - 134.6 - 161.9 977 8 953 0 1097.3 1098.2 - 119.5 - 145.2 1. 100) 6 971 4 1135.5 1156.1 - 134.9 - 184.7 1989, 1045.7 1014.3 1160.2 1181.0 - 114.5 - 166.7 <? 1061 8 10322 1172.3 1187.3 - 110.5 - 155.1 r 10508 10202 1179.2 1182.0 -128.4 - 161.8 4 10627 10354 1206.0 1208.2 - 143.3 - 172.8 1990 "1 10868 1061.7 1247.6 1252.2 - 160.8 - 190.5 11063 10934 1263.2 1275.4 - 156.9 - 182.0 3 1 1 15 A 1 116 0 1265.1 1273.6 - 149.7 - 157.6 4 1 11117 1 132 1 1304.4 1311.2 - 193.6 -- 179.1 1991 " 11 15.2 1 160.1 1261.6 1257.9 - 146.4 - 97.8 _ 1 1 14.3 11737 1321.0 1319.3 - 206.7 - 145.6 3 1124.6 N.A 1334.8 N.A. -210.2 N.A 1126.2 N A 1369,3 N.A. - 243.1 N.A. Mi'sMORANDUM TO: Kenai City Council. 1791-1991 , CITY OF KENA► G'd jaiitaC 4 4iQs,a" 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 FROM: Charles A. Brown, Finance Director DATE: rune 19, 1992 SUBJECT: New Courthouse Some of you may be interested in the financing arrangement in which we are about to enter. I've prepared a brief outline, leaving out a lot of details, of how this is starting to look. 1.) An investor will advance $4.5 million to the State of Alaska. The State of Alaska wil_1 contribute an additional $1.5 million that was appropriated by the State legislati,re. 2) The City will construct a courthouse or: City -owned land. Construction costs are estimated to be $6 million. The City will contract. for all construction work and will manage all constrtic._ion activity. Payment to the construction contractor will be made by the City; the City will immediately be reimbursed by the :7 :ate : a) fir:>t, from the State appropriatior, and b) second, by investor proceeds. 3) Prior to construct cn, the City and State will enter into a lease. Important terms of the lease are: a) Upcn substantial completion of the courthouse, the City will del:.ver possession of the facility to the State for exclusive use as 3 court facility. b) All operation, maintenance, repair and protection (including purchasing liability and property insurance) of the completed fa(._._iity is the responsibility of the State. The City will spend no mo-iies toward these purposes. c) The State will pay rental payments to the City (see ass=,gnm�nt, beiow). The rental payments are equal to amounts nec.essa--y to repay the investor, plus interest, in ten years. d) The _ease :i.:s nc_ncancelabie, except for a standard nor appropriati(.n provision. Memorandum Kenai City Council ,June 19, 1992 Page Two e) After the ten-year lease, the State will own the building and land for one dollar. f) The intent of the financing and lease is to comply with IRS regulations to allow the interest component of the rent payments to be tax exempt. 4) Simultaneous with execution of the lease, the City will assign its interest in the lease to the investor. The State will, then, make the rental payments directly to the investor. The City's only obligation under the assignment is that if the State terminates the lease (nonappropri.ation), the City must attempt to lease or sell the facility under terms acceptable to the investor. The City is under no obligation to make payments to the investor. The City wi.i.l not incur debt. As you can see, once t,ie facility is constructed and turned over to the State, the City will have no involvement in the facility. (Actually, this may not be true. The City might later contract with the State for maintenance of the courthouse to be done by the City, for compensation. This has not yet been decided.) The State is responsible for the facility. The State pays rent (really, principal and interest.) to the investor. The only reason the City is involved :n this project is so that the State can build :its courthouse without technically incurring general obligation debt_, requiring a vote of the State's citizens. Cary and I have worked closely with bond counsel, financial advisors, and Department of Revenue and Court System personnel. We are reviewing all_ related documents as they are drafted. it now looks like you will be considering mDst of the documents relating to this matter at the July 15 council. meeting, with the possibility of a special meeting after July 15. DURING CONSTRUCTION: INVESTOR S STATE CONSTRUCTION CONTRACT �- CITY DURING TEN-YEAR LEASE: $ STATE '�---� INVESTOR ?1T END OF LEASE: $1 y Sr'ATE --� CITY COURTHOUSE BUILT WITH INVESTOR MONEY INVESTOR REPAID WITH STATE RENTS STATE HAS CLEAR TITLE TO BUILDING AND LAND 17,17 .1Y 1 1- ITT% 0 1 rv, KtN.,I\l MUNILIFALAIKIVIKI 1992 -H E 14 F LAN EV� 1," " IR F 'I Month ,,>out.r)Central Lra Alaska May ' 992 MarkA)r Monthly Totals So uthCentral, Era Alaska MarkAir C7 -j 7 l_ L T L CD o` 0 O � � cD fl1 (�D (<D O K N _ �C In O m m m Q �- e+ -3 -1 m C1 -3 E 0 CD :-I v V J O v v 'J --10 r m W 0 1, "D .L ON v ao -,J O �O W W IJ 11i Z, cn N N -L cn �I M N -- cn li N co OD �J L4 r j o O+ CA (A N O �� 0 OD CO --Aa0 O 00 v U, U an 0 r -J I, a O 101 00 0 0 tN "D z O� co A ko om v- 00 � O ON A ko r CO �I CO �o N O tD a QO ON m r .J Cn W la JJ O+ O ,D -- �O Wt. CA N N � v cnW z -j N W N O O J O -J 00 CO Co O� CA O d .� rn rn oo co ao U 0 Cl .i r • O O O• O O% CN O M D 00 L O 00w�u 0�aw�� r O+ O% O% 7% 00 0 -J 0 U1 0 ON ON r a0 L4 1, cn I., O N N CO ' �D V 0 L— 0 a O ao O ON O b. C0 W 0 ko 0 Ih. .o k.D ko -• c O rn v CD M C7% c CA a, v O" Ut m CJt fn r • IJ IJ 0 0 10 GI (A is N '(A �0 +ND toV CA N N Chid '�J ACV %D c � co J o o Ou Q` O+ O cn O+ r v JWvWo�- vA n �0 0� Cn V CT N Cal CD V N W V w �Q r N 'D p �o N J O CT CJt (11 r I a0 O N 0 a -.1 (,J �D O co a0 ON -J J LW v v O% O) N O 0 v -'1 Ili cn � %o -i cn I, co -J co O N r r Qp O) CO N O tiD OO CY3 -J aV r O - N CAO cJ g cn Cn CT W ir! v J �I cn 0) �OD CA �D n 0 co U) w I (D 0 �O m Z) Kenai Municipal Airport 1991 192 Long -Term Pay Parking Receipts Total Receipts - August 16, IM thru June 25, 1992 Parking -- $48,907-06 36 Permits issued -- $ 7,241.85 -I- Iota] - S56j148.91' Total average parking receipts for 315 days = $155.26.1 day. INFORMATION ITEMS Kenai city council Meeting of July 1, 1992 1. 6/16/92 Kenai Peninsula Borough Meeting, Action Agenda. 2. 7/1/92 Transfers of Funds Under $1,000. 3. 6/10/92 James C. Bookey, III letter regarding Kenai Visitor and Convention Bureau additional funding in the amount of $25,000. 4. Pay Estimate No. 1, Kenai Airport Drainage & Safety Zone Improvements - Zubeck, Inc. 5. 6/92, Resource Review. 6. 6/10/92 M.Navarre letter to Governor Hickel regarding Thompson Park Subdivision Sewer Interceptor and Mains. 7. 6/10/92 M.Navarre letter to Governor Hickel regarding Homeless Children Pilot Project - $16,000. 8. 6/10/92 M.Navarre letter to Governor Hickel regarding City of Kenai's request for $20,000 for the Forget -Me -Not Adult Day Care Center. Kenai Peninsula Borough Action June 16, 1992 - 7:30 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION Regular Meeting Borough Assembly Chambers, Soldotra D. ROLL CALL Calhoun and Rubadeau excused E. APPROVAL OF AGENDA AND CONSENT AGENDA (All items listed with an asterisk ('*) are considered to be routine and non -controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.) All items on Consent Agenda (*) APPROVED unanimously. F. APPROVAL OF NIEYUTES * 1. Minutes of the Regular Meeting of May 19, 1992. G. PUBLIC CON NIENTS AND PRESENTATIONS - Items other than those appearing on the agenda (Limited to 20 minutes total) H. CONMTTEE REPORTS 1. Finance - (Chm. Sewall. Vice Chm. Nash, Anderson, Rubadeau, Torgerson. Superman) 2. Legislative - (Chm. Skogstad, Vice Chm. Walli, Hodgins, Rubadeau, Torgerson, Calhoun) 3. Local Affairs/Lends - (Chrn. Little, Vice Chm. Superman, Kyllonen, Merkes, Moock) 4. Public Works/Education - (Chm. Moock, Vice Chm. Hodgins, Calhoun, Merkes, Kyllonen. Brown) 5. Other Committees Kenai Peninsula Borough Action tune 16, 1992 I. REPORTS OF COMMISSIONS AND COUNCILS J. ITEMS NOT COMPLETED FROM PRIOR AGENDA 1. AMENDED, POSTPONED TO JULY 21 Resolution 92-70: Providing for a Ballot Proposition to Authorize the Levy of Taxes to a Maximum of 0.5 Mills'for Road Maintenance Within the Kenai Peninsula Road Service Area (Mayor @a request of Kenai Peninsula Road Service Area Board) [Vote: 10 yes, 4 no] 2. SET FOR HEARING AUG. 4 Ordinance 92-30: Enacting an Ordinance to Provide for the Acquisition, Management, Use and Disposition of Borough Owned Lands (Skogstad, Glick, Rubadeau,Little, Anderson) [Vote: Unanimous] 3. SET FOR HEARING JULY 21 Ordinance 92-35: Repealing KPB Chapter 21.12 "Noxious, Injurious or Hazardous Uses" (Kyllonen, Moock, Skogstad, Torgerson, Glick, Anderson) [Vote: 12 yes, 2 no] K. PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker) 1. POSTPONED TO JULY 21 Ordinance 92-28: Enacting Chapter 21.05 to Provide for the Creation of Land and Resource Management and Development Districts and for Land Use Permits for Commercial Uses of Lands and Resources Within the Kenai Peninsula Borough (Nash) [Vote: Unanimous] L. UNFIINISHED BUSINESS 1. Postponed Items a. AMENDED, ENACTED Ordinance 92-25: An Ordinance Classifying Lands and Authorizing an Agricultural/Grazing Lease on Borough Lands to Ward Farms (Mayor) [Vote: 13 yes, I no] 2. Notices to Reconsider/Rescind M. NEW BUSINESS 1. Bid Award *a. Resolution 92-72: Susan B. English Phase II Site Assessment (Mayor) Resolution 92-73: Homer Baling Facility Tank Closure/Contract Services (Mayor) C. AMENDED. ADOPTED Resolution 92-74: Homer Baling Facility Tank Closure/Professional Services (Manor) [Vote.- Unanimous/ Kenai Peninsula Borough Action ,1venca 1t.ne. 16, 1992 Page 2 & AMENDED, ADOPTED Resolution 92-75: Ciechanski Road Phase I Construction Administration & Inspection (Mayor) [Vote: Unanimous] e. AMENDED, ADOPTED Resolution 92-76: West Poppy Lane Construction (Mayor) [Vote: Unanimous] f. AMENDED, ADOPTED Resolution 92-77: Ciechanski Phase I Construction (Mayor) [Vote: Unanimous] g. AMENDED ADOPTED Resolution 92-78: West Poppy Lane Construction Administration & Inspection (Mayor) [Vote: 13 yes, I no] 2. Resolutions a. POSTPONED TO JULY 21 Resolution 92-79: Approving Fee Schedule (Policies & Procedures Committee) [Vote: Unanimous] b POSTPONED INDEFINITELY Resolution 92-80: Assembly Manual (Policies & Procedures Committee) [Vote: 11 yes, 3 no] c. ADOPTED Resolution 92-82: Transferring Funds for the Clerk's Office. (Glick) [Vote: Unanimous] d. ADOPTED Resolution 92-84: Increasing the Annualized Salary for the Borough Clerk and Deputy Borough Clerk. (Glick) [Vote: 13 yes, 1 no] 3. Ordinances for Introduction 4. Other a. CONFIRMED Central Penimaula Hospital Service Area Board Appointments /Vote: 12 yes, 1 no) - Bill Simpson - reappointment Donna Wilcox - reappointment J. Emery Thibodeau - new appointment b. .APPROVED Petition to vacate portions of Birch Circle, Leka Circle and Marhenke Street as dedicated by plats. [Vote: Unanimous] c. AMENDED, APPROVED Petition to vacate Hemlock Circle; Hemlock Drive; a portion of Caribou Heights Circle; and utilitv easements within Blaklev Suhdivision. [Vote: Unanimous] N. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker) Kenai Peninsula Borough Action .Agenua June 16, 199;'_ Pave 3 9 O. MAYOR'S REPORT P. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS Q. ASSEMBLY COMMENTS R. PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) 1. Ordinance 92-30: Enacting an Ordinance to Provide for the Acquisition, Management, Use and Disposition of Borough Owned Lands (Skogstad) (Hearing 07/21/92) 2. Ordinance 92-32: Classification of Certain Borough Owned Lands for Sale (Mayor) (Hearing 07/21/92.) 3. Ordinance 92-33: Classifying Lands anc Authorizing a Lease of Borough Lands to Kenai Peninsula Archers (Mayor) (Hearing 07/21/92) 4. Ordinance 92-34: An Ordinance Amending Kenai Peninsula Borough 22.40.110 to Clarify Agenda Procedure Regarding Lnnumbered Resolutions (Nash) (Hearing 07/21/92) 5. Ordinance 92-35,: Repealing KPB Chapter 21.12 "Noxious, Injurious or Hazardous Uses" (Kyllonen, Moock, .Skogstad, Torgerson, Glick) (Hearing 07/21/92) 6. Resolution 92-56: Calling for the Amendment of Proposed Legislation CSHB 573 (FIN) Creating a New Optional Exemption for Residential Property Under the Classification of Economic Need (Superman) (Tabled on 05/05/92) S. INFORMATIONAL MATERIAILS AND REPORTS T. NOTICE OF NEXT NIEETLNG AND ADJOUIUNNIENT The next meeting of the Kenai Peninsula BorouO Assembly will be on July 21, 1992 at 7:30 p.m. in the Borough Administrative Building, Soldotna, Alaska. Kenn u Penwsala Borough Action Aeenua June 16. lad' Page 4 O N O V) N W 601) O O L- ci O C O O C O 4. w.• O L 0� M.. r� C to V; fG UJ i G C L . u u (.J L cj ry m cJ Gil G m O l U Q) Cu cd 4a GD O W p L14 ,j G G 4j G C.I N u G •r1 - id ro m u m G L o G G m ro u u co -H 3 u o sa � 4.J ro o Ia. I~ Iv w W o o va aJa� F-+wa. a a v � G `r•i m to :�i o0 G Its q O •r-i L4 .� o In w H •ri m G •� i �4 •H 4J $4 H I rz 6 au' w'IZJ oa G b � � its a a �zs �zs x � G (n cn � 0 $4 I +I •rA -H �4 v v a.I x C4 x O O O CDO O O O O O r" O O O O 0 O v1 O Ln -+ M 00 :i?- G � G � � N � .SL 61 � •1-J ,'3 y OD '� ta0 � -ri .•� ro a Q a 1roi cu a as w a � 'J N N N N C31% 01 01 0\ CTA Ll [ N r00 00 vl N Visitor and onuentio KenaiV s C n F `t� zzge corlii a- a>ctiv a June 10, 1992 Mr. Charlie Brown, Director Department of Finance CITY OF KENAI 210 Fidalgo Street Kenai, Alaska 99611 Dear Charlie: Pursuant to your conversation %vith our Executive Director, Sue Car,t:er, we wish to formally request the additional funding in the amount of/$25,000 fcr meeting/convention services. These serviceE will be provi ed by ours staff in addition to the visitor services, whicl we now perfo � �dcon- tract .vith the City of Kenai. Our organizatior will aggressively solicit a strong meeting and convention industry for the Kenai area. We are presently 4,orking with the Peninsula Regional Marketing group in coordinating two large conventions (300+ in attendance) for May and August in 1993 and two conventions in 1994 which will have approximately 500-+- in attendance. We are excited to participate in the development of a strong meeting/con- vention industry for Kenai which, in turn, will enhance all those businesses which provide services to the visitor to our area. If additional infc;rma.t_ioii is requires., please contact our office. Sincerely, Jame:: C. Bookey, III, President r cT -2 51 Board of Directors G o 'CQ/io I 6Ndse ! /�til 1I 70— t- ti 7 -/ - 9 G y l o � cJ I �• ��7 /offer 2--/ ofP. O. Box 1991, Kenai, Alaska 99611 • (907) 283-1991 ` 1 APPLICATION FOR S-O ( CONTRACT PAYMENT NO. 01 Page 01 C PROJECT: Keiaai Airport Drainage & Safety Zorie Improvements TO (OWNER): CITY OF KENAI 210 FIDLAGO KENAI, AK 99611 FROM (CONTRACTOR): Z u b e c k, inc. 7983 Keriai Spur Hwy. Kenai, AK 99611 ARCHITECT/ENGINEER: Wince, (,'o r t h e i i, Bryson Box 1041- Kenai, AK 9961:1 P. 4 lce N. PROJECT NO. AJ P 3-02-01 a2-12 PERIOD FROM JUN 1992 C) t; Received 0tY of Kenai 1 ` Public Works Dept •, OL G8lj,/ APPROVED BY COUNCIL DATE CITY CLERK 6-08-92 TO 6-23-92 ADJUSTED CONTRACT AMOUNT TO DATE PAY REQUEST FOR CITY USE 1 Original contract amount 2 Net change by change orders 3 New Contract amount to date 1_360,,70_80 ✓ -0- 1,360,170.80 ✓ WORK COMPLETED it Total completed and stored 5 Less retainage of 10 percent 6 Total earned less retainage 7 Less amount of previous payments H Balance due this payment 231,951.22 ✓ 23,195.12 -0- 208,756.10 rTSTRIBUTION OF CONTRACTOR EXECUTED PAY ESTIMATE OWNER E-1 ARCHITECT/E.NGINEER Tesoro Alaska PetroleL 1991-92 Annual Report Accomplishments highlight RDC-'s past 12 months Editor's Note: RDC held its 18th Annual Meeting in Anchorage June 5 The following report on RDC's 1991-92 activities and ac.- c )mplishments was prepared for the meet- ing by Acting Director OebbiE Reinwand. It is always difficult to highlight the numerous large and small victories of each year - RDC is involved in so many diverse issues and outreach projects that to review all the activities would require a book! But, there are a number of critical events and policy issues that RDC has taken a front and center role in that RDC members should be aware of and in many cases, brag about. • Our executive director Becky Gay was selected by Governor Walter Hickel to head the state's first ANWR. advocacy campaign, with a budget of $3 million. It should be noted that RDC was instrumental in lobbying for that money and thus, was gratified that one of our own key staffers was selected to run the ANVVR effort. - RDC as an organization has re- mained active in the ANWR effort, Over 50 children and 150 adults attended RDCs Annual Meeting banquet. The banquet ncluded a soeeial children's program which emphasized resource education. (Hal Care photo) RDC's Annual Meeting banquet inclded exhibits aimed at informing the young about resource development in Alaska. (Rai Gage photo) sending staff members to conferences and editorial board meetings outside Alaska to inform and educate. In =ddi- tion, RDC participated in the formation of a new grassroots advocacy group called Arctic Power! This non-t,rofit group was formed for the sole purr ose of achieving congressional and presi- dential approval of ANWR exploration, drilling and production. RDC Acting Director Debbie Reinwand serve= on the board, along with RDC board nw,=m- bers Bill Schneider, who is first vice president of the new group, Bar.ara Post, Dan Rowley, John Forceskie. , l ohn Rense, Uwe Gross, John Miller, [:.dick Barnes, Sharon Anderson, and Rc bert Hatfield. During 1991 and the firstsix mc, the of 1992, RDC has been highly active in education efforts, legislative lobby cng, testimony presentation and outrea(;h. (Continued to page 2) 1991-92 Annual Report A productive12 months at RDC (Continued from cover) Fallowing is a synopsis of the organization's primary activities during the past 12 months: Education and outreach • RDC's 12th Annual Conference: "The Power Puzzle: Solving the Re- source Production and Political Di- lemma," was presented in Anchorage on December 4-5,1991. A broad spec- trum c -epics were covered in semi- nars duc 'Ig the two-day period, includ- ing sessions on "Politics: Development and the Devil Meet Face -to -Face," "The Energy Mix: Visions for the Future," "Fossil Fuel Power: A Continuing Need," and a particularly provocative session titled "Tell Us Where It Hurts." The latter session detailed problems that specific Alaska resource producers face while attempting to do business in the 49th state. The well -attended confer- ence brought together diverse and dy- ramic speakers and a broad audience from across Alaska. - 18th Annual Meeting: The focus of the June 5, 1992 annual meeting was education. Titled "A Gala Celebration of Resource Education," the gathering featured RDC's first resource educa- tion awards, presented to a business and an individual. An official RDC col- oring book was unveiled, and the win- ners of the RDC essay contest were announced (see related stories on pages 5 and 7). Educational exhibits from many resource sectors were fea- tured at the Anchorage Hilton Speaker Robert Gordon, Jr., of the National Wil- derness Institute, addressed those at- tending the -meeting. - AMEREF Management: 7 he Board of Directors of the Alaska Minerals and Energy Resource Education Founda- tion votE�d on May 21, 1992, to enter into a rr anagment contract with RDC. The council will provide management ser- vicc:s for AMEREF, working with the state Department of Education, and Robert Gordon, Directorof the National Wilderness Institute in Washington, D.C., addressed a crowd of over 200 people at the RDC Annual Meeting banquet on the reauthorization of the Endangered Species Act. Many interests are working to either amend or kill the Act The ensuing activity is predicted to be the fight of the century. (Nat Gage pt.:, to) Alaska School Districts. RDC is pleased to move into this arena, and hopes to be able to continue the current mission of AMEREF, and ultimately broaden the range of the program as w-ill as the resource sectors presented. - Fairbanks (Board Meeting: In late October. RDC's board took to the road for a meeting in Fairbanks. One of the best -attended: board gatherings in re- cent years, this trip was hosted by board members Drs. William Wood and Jim Drew. Board members were welcomed to Fairbanks by Bud and Chris Duke, parents of RDC staffer Kim Duke, who held a cocktail party at their Chena Ridge home. RDC toured a number of Interior businesses including MAPCO Alaska, Fairbanks Gold, Inc. (now AMA.X Gold), the Bowl Factory and a rose -growing business. A luncheon With More than 100 Fairbanks business lead,,rs was held at the University of Alaslta, Fairbankswith food prepared b,, -l-e culinary arts students of UAF. • Member Outreach Meetings: Presi- dent Rense spearheaded an outreach e`fon� for the executive committee to assist in fundraising activities. The primary goal of the meetings was to meet with CEO's and executives of companies that contribute to fK)C, ask for input and direction, and assess heir views on RDC's role. The meet ngs were well -received and will continue in 1992-93 as a way of maintaining con- tact with members, and strengthe-iing the organization's financial base. Legislative efforts A number of issues were tracked by RDC during the recently -concluded 17th Alaska Legislature. By utilizing staff and board members to testify on a numberof issues, andthegeneral mem- bership through public opinion mes- sages, etc., RDC was able to mako an impact on a number of bills Included in RDC's lobbying efforts were: • State ANWR Campaign Funding: Governor Hickel requested $2 million for the FY 93 campaign. RDC sup- ported the appropriation. Action taken: The legislature appropri- ated $500,000 and rolled over apprclxi- mately $1.3 million from the FY 92 budget. - HB 29 - Allowing citizen lawsuit-3 to enforce environmental laws: RDC opposed this bill, which would hive allowed third -party orgarizations ,and individuals to file lawsuits against ;ai- ( oMnued to pace 3, Pace 2, RESOURCE REVIEW Junes 1992 RDC elects new officers HDC; board members attenaing the June 5 Annual Meeting are from left to right Mark Begich, Dan Keck, Howard McWilliams, Henry Springer, RexBishopp, Rocky Miller, DorothyJones, Phil Holdsworth, Tom Cook. Roger Herrera. John Miller, Uwe Gross, Dan Rowley, Acting Director Debbie Reinwand, Wilbur O'Brien, Bill Schneider, Barry Thomson and John Hall. Seated are Jim Dore. SecretaryScott Thorson, Treasurer Kyle Sandel, President Paul Glavinovich, Past President John Rense and Vice President Jim Cloud. A long-time Alaskan minerals and resource management specialist has been elected President of the Resource Devel- opment Council for Alaska, Inc. Paul S. Glavinovich, President of Thor Gold Alaska, Inc., c nd a director of Solomon Resources Ltd.. was elected to the cne-year term at the Council's Annual Meeting June 5 in I nchorage. Other new officers include Senior Vice President k elly Campbell, Partner, Details, Inc., and Second Vice Presi- dent Jim Cloud, Vice President, National Bank of Alaska. Scott Thorson, Marketing Manager of Northern Air Cargo, was elected Secretary and Kyle Sandel, Senior Manager of K:PMG Feat Marwick, Treasurer. A long-time board member of RDC, Glavinovich has over 2-5 years of experience in the mining industry. He has been involved with mineral exploration and development projects throughout North, South and Central America and Western E+jrope. Born and raised in Nome, where his father was involved in the gold dredging operations there, Glavinovich graduated from the University of Alaska Fairbanks School of Mines in 1961. Following three years of militaryservice and a brief stint wirh Pan American PetrofeUm Company,. Glavinovich re- turned to UAFand obtained a Masters degree in 1967. He then worked forthe U.S.S.R. & M Company from bases in Fairbanks and Salt Lake City. He left his position of Assistant Chief Geologist to join Noranda Exploration in Anchorage in 974 As District Geologist for Alaska, Glavinovich was a direcfi participant in the exploration and development of the Greene, Creek Mine. In 1982, Glavinovich moved to Denver a:-. Manager, U.S. Exploration for Noranda. He returned to Alaska in 1985 and established his own business as minerals consultant and mine developer. Newly -elected members of the Council's Executive t.om- mittee include Jim Davis, Dave Parish, Scott Thorson and Elizabeth Rench. Re-elected were Rex Bishopp, Kelly Campbell, Jim Cloud, John Forceskie, Mano Frey, Paul Glavinovich, Uwe Gross, Roger Herrera, Dan Keck (Sitka). John Miller, John Rense, Kyle Sandel, Bill Schneider, Je ,ome Selby (Kodiak), R.D. Stock, William Thomas (Juneau) and Lyle Von Bargen (Valdez). New appointments to the statewide board of directors include Anchorage residents Will Abbott, Ray Barnds, Gene Burden, Jim Dore, ScottGoldsmith, Lisa Haas, RobertHatf�eld, Howard McWilliams, Bill Noll, Ken Peavyhouse and Henry Springer. Other new members include Larry Danielof Girdwood, Richard Foster of Nome, Jamie Parsons o Ju- neau and Mitch Usibelli of Healy. - Honorary directors are Phil Holdsworth of Juneau and Dr. Bill Wood of Fairbanks. Activities and accomplishments... (Continued from page2) leged polluters, and to collect damages and legal fees. Ac'ion taken: HB 29 died in the House Finance Committee. • HB 540/SB 270: Oil spill response action contractor legislation. The original intent of this legislation was to limit the liability of response action contractors who engage in )ntracts to clean up the release of hazardous substances. vDi3 supported this concept and lobbied in favor of HB 540 as introduced by Rep. Bill Hudson. ActGon taken: The final version of HB 540, approved by both houses, does provide limited liability, however, it includes a controversial provision requiring Alyeska to clean up all spills in Prince William Sound. • SB 102 - Pacific Ocean Resources Compact: This bill would have authorized participation by the state of Alask:3 in an interstate compact commission to oversee and regulate ocean activities. RDC opposed the bill based on the fact ti-jat it would provide duplicative regulatory authority over ocerin transpor-ation, and would likely increase the business co is (Continued to page 6) June 1992 I RESOURCE REVIEW ' Pa(,, 3 Elizabeth and Cathryn Posey look over a collection of rocks at the Alaska Minerals and Energy Education Foundation exhibit at the RDC Annual Meeting. AMEREF's far- reaching educational programs have reached over 150,000 students since its founding by John Blackwell in 1982. (HalGage Photo) RDA Annual Meeting A family affair Cassandra Rense enjoyed visiting with Smokey Bear, who was representing the Alaska Forest Association at the RDC Annual , Meeting banquet. Smokey, along with other characters, in Formed the young about the role natural resources play in modern life. (Hal Gage Fioto) Newly -elected President Paul Glavinovich presents outgoing President John Rense with a plaque for his outstanding service. (Hal Gage Photo) RDC staff includes Staff Asst. Nancy Davis, Admin. Asst, Kim Duke, Communications Director Carl Portman, Acting Director Debbie Reinwand and Member Services Michele Hendrickson. Newly -elected board member Jamie Parsons (left) of Juneau meets with long-time board me?rr?ber Rex Bishopp. (Hal Gaoe photo) Flag(- 4 / RESOURCE REVIEW June 1992 BP's "Job Slob" and 'ZZ The Clown "shire some laughs with the kids. (Hal Gage phe r, )) Karen Foster, Alyssa Dragnich win RDC's essay contest Karen Foster, a sophomore at Service High Schoof, was awarded a $500 U.S. Savings Bond by RDC for her winning essay in the High School category. Joining Karen are Jan and Curtis Foster, along with brother, Greg. (Hal Gage photo) Three important reasons for developing ANWR oil by Karen Foster What would life be without telephones, tape, toothbrushes, and toilet seats? To maintain these petroleum products in our everyday life, we need to develop the Arctic National Wildlife Refuge. Opening ANWR would sustain our lifestyles, improve our economy and protect our nation's security. One argument for riot developing ANWR is to preserve the lifestyle of animals residing there. What some opponents forget is that people are animals too. If animals have the right to use the land, mankind has the right to use the resources. Petroleum provides many jobs and more than 3,000 different products. The petroleum industry brings billions of dollars into the United States. If full development would affect no more than 1'8 of one percent of the Coastal Plain and has a 19% chance of commercial success, it is in our best interest to explore ANWR. The United States imports over 501% of its con- sumed oil. The domestic oil industry is in sharp decline, including the 25% of national production originating from Prudhoe Bay. Dependence on for- eign oil damages our nation's security. We should develop potential domestic sources. Opening ANWR to development would secure our ifestyle, strengthen our economy and safe- guard our nation's security. Alyssa Dragnich, a 7th grader at Hanshew Middle School, was selected the winner of the Junior High category. Pictured with Alyssa is her mother, Marci. (Hal Gage phwo) The significance of resource development to Alaska's economy by Alyssa Dragnich The development of Alaskan resources is vital to its economy for one main reason: Jobs! Everything else branches out from here. Alaska does not have a state income tax due trr the amount of money from oil production. In face. Alaska citizens get a Permanent Fund Dividenc. Instead of paying to live here, we are getting paic. This provides an incentive for people to move to and stay here. Mining the coal from the Usibelli Coal Minf: provides high -paying, constantjobs for people around the community. The timber industry provides about 6,000 jobs, even though only 6% of Alaska's forest:; are logged. Alaska is one of the world's largest suppliers of salmon and seafood is the main reason for the existence of some communities such as Kodiak and Homer. But the most important thing resource develop moat does is to open up all kinds of jobs. Supermar kets, banks, restaurants and much more are up hem because of all the people that work in the abovi� industries. If there were fewer of these workers there would be less people overall because thin stares simply wouldn't have enough business and therefore jobs would be lost. ,June 1992 ' RESOURCE REVIEW =age E RDC addresses multitude of issues (Continued from page 3) to Alaska shippers. Action taken: SB 102 did not pass. • HB 584/SB 469 - Mental Health Trust Amendments: RDC joined forces with the mining community and other re- source developers to support an amend- ment that would restore approximately 500,000 acres of original mental health trust lands to the trust, and provide an income stream for mental health pro- grams from the state general fund. The amendment would have removed liti- gation currently filed that is precluding new development and investment in major resource projects. Action taken: The bills did not ,.pass. • HB 467 - "Economic benefit" in a subsistence economy: This bill. which was opposed by RDC, would have al - owed individuals to sue, alleging cul- ural and subsistence lifestyles had been mpacted by development, and request- ing damages. The bill was primarily aimed at buttressing a case against Exxon by fishermen and Prince William Sound villages, and was deemed un- necessary in a Marcus Attorney General's opinion. Faction taken: HB 467 died in House Rules. • SB 3301HB 373 - Taxation of re- sources "in -place:" RDC supported passage of these bills, which would permanently exempt natural resources in place from municipal property taxa- tion. Action takerT. Bill passed the Legisla- RDC board members Jim Cloud and Pain Ga .,inovich share a laugh with Steve Bore' of the Alaska Miners Associarion at ,RDC', 72V: Ainuai Conference in D,?i,-emb? ture and is on the governor's desk. • SB 302-Exploration incentive cred- its: Supported by groups like RDC and the Alaska Federation of Natives, this legislation would have encouraged drill- ing and exploration on state lands, and provided a limited tax credit for those firms engaging in the exploratory work. Action taken: 'The bill died in its final committee of referral, House Finance, after a series of controversial amend- ments by Rep. Kay Brown, in the Re- sources committee. Alaska Wetlands Coalition The AWC hosted not one, but two congressional staff trips in July and August of 1991, The first trip included House staff members, while the Senate staff were invited to participate in the second trip. The staff members were overwhelmed by the vastness of Alaska's wetlands and impressed with the people they met. Tour stops in- cluded Anchorage, Juneau, King Salmon, Prudhoe Bay, Kotzebue, and Reid Dog Mine. A 1992 trip is planned to-, mid -July with more than a dozen House and Senate staffer,,: to Juneau, Ketchikan, Thorne Bay, Nome and An- chorage. AWC's technical advisors in Wash- ington, D.C. tracked federal legislation and policies on the "no net loss wet- lands" issue, and provided testimony when needed. The coalition provided extensive input on HR 1330, and revi- sions to the federal delineation manual. Reinwand presented the AWC's com- ments at a February 4, 1992 briefing with officials from the Corps of Engi- neers, Environmental Protection Agency, state officials and Sen. Frank Murkowski. One of the most signific.int actions taken by the federal government oc- curred in January,1992, when the Corps and EPA issued a clarification of the Clean Water Act, Section 404, MCA on rnit gation. The memo, whic?i the AWC worked for extensively, specifically ncte s Alaska's unique situation, and ,aic 'avoidance, minimization and com- The Alaska Wetlands Coalition, which RDC spearheads, hosted two congressional staff trips in July and August 1991. Toe tours included North Slope wetlands. pensatory mitigation may not be practi- cable where there is a high proportion of land which is wetlands." It was the determination of the EPA and Corps that "This footnote makes it clear that there are areas, including many loca- tions in Alaska, where it may not be practicable to restore or create wet- lands; in such cases compensatory mitigation is not required under the guidelines." Public testimony RDC board members and staff pro- vided public testimony on mining, oil and gas, tourism, and timber ssues during the past year. Highlights in clude: • RDC Vice President Paul Glavin ovich presented RDC'steslirnony in Fairbanks on proposed changes tc the federal Mining Law of 1872.. RDC Board Member Scott Thorson gave RDC's comments on the Yukon Pacific Corporation's _NG Project at a hearing in Anchorage. - RDC Board Member Lynn Cl- rystal of Valdez presented the council's testi- mony on ANWR legislation bef:are a meeting in Anchorage of the Pause Merchant Marine & Fisheries sutc.om- mittee. • Tourism Division Director Don Follows provided comments at a iear- ing on the Glacier -Winner Creei' ski area proposal, and presented RDC's remarks on the South Slope Denal; Visitor Complex. • RDC also commented on arrend- ments to the Tongass land Mar age ment Plan; the Chugach Land Manage- ment Plan; and the Forest Practices Act. (Continued to page 7) Pr:ge 6 i RESOURCE REVIEW / June 1992 Outstanding Resource Education Awards Koncor, Blackwell receive awards Koncor Forest Products was presented with the Resource Development Council's 1992 Corporate Outstanding Resource Education Award for its popular "First Tree Program." John Sturgeon, President of Koncor Forest Product, accepted the award at the RDC Annual Meeting Banquet June 5 in Anchorage. Under the First I ree Program, each first -grader in the Anchorage School District and in villages stretching from Kodiak Island to Yakutat, receives a seedling of their own to plant and care for. In addition, teachers are provided with educational materials to assist them in creating a curriculum to complement the First Tree Program. To date. 15,000 seedlings have been planted by first -graders. Koncor has also launched other educational programs, including an Earth Day contest where children were invited through newspaper ads to color tie forest cycle and send it to Koncor. John Blackwell of Anchorage was presented with the Individual Outstanding Resource Education Award for his effort; in advancing resource education in Alaska. Blackwell founded the Alaska Minerals and Energy Research Education *Foundeer-on (AMEREF)10 years ago and serves as its Executive Presicent. AMEREF was established to help students learn about Alaska's minerals and energy resources. AMEREF has provided reso , ce kits to private and public schools for enhancing awareness of geology and minerals and their essential role in modern society. The AMEREF program is designed by teachers, promoted byestabli hed state agencies and involves people from the mineral industry. C )ver 500 kits are now being used in 50 of Alaska's 54 schools districts by more than 1,000 teachers. An estimated 150,000 students f ave been reached since AMEREF's founding in 1982. John Blackwell was key in establishing AMEREF's far-reaching students, teachers andindustry executives. John Sturgeon received programs which offer materials and opportunities that involve the corporate education award for Koncor Forest Products. (Hat Gagepho Qs) RDC highlights . . . (Continued from page 6) Thursday breakfast forums RDC's weekly breakfast meetings, which run from Sep- tember through May, featured a variety of high -quality, infor- mative speakers. Topics for 1991-92 included Alaska's Park System; Prudhoe Bay Consolidation; Mental Health Trust Lands; the Inuit Circumpolar Conference; Commercial Fish- ing; Alaska Tourism; Citizen Advisory Councils; Mining in the National Parks; Bottomfish Allocations; Two views on the Prince William Sound Recreation Area: Impacts of the Water Quality Act; and a wide variety of other topics. The Executive Committee sponsored a table of high school students, who attended the meetings in thE� fall of 1991. Resource Review The monthly newsletter of RDC, the Resource Review, got a facelift early in 1992. The newsletter, long the arena of communications director Carl Portman, was redesigned with a new masthead and other features. Topics for 1991-92 have included ANWR, the Forest Practices Act, the future of Prudhoe Bay, and a special two-part series on the economic impact of legislation and regulations. The series was hailed as a landmark piece and RDC received input on the iss'. es from congressional leaders in Washington, D.C. The �,_Q_ source Review continues to be a mainstay for distributing RDC's message. T e Resource Development Council (RDC) js .Alaska s Vice President ...............................Paul S. Glavinovich Resource Review is the official monthly publicaton of la!gest privat&y funded nonprofit economic develoa- Secretary .................. ..... ........... ............ Rex Bishopp the Resource Development Council. RDC is loca°>a at rrent organization working to develop Alaska's natural Treasurer ................................................ Kyle Sandel 121 W. Fireweed, Suite 250, Anchorage, AK 9 603, resources in an orderly manner and o create a broad- Past President ........................................ Bill Schneider (907) 276-0700. based, diversified economy while o•ctecting and en- Staff Material in the publication may be reprinted witf - A hanang the environment Ading Director .......... ........................ Deboie Reinwand permission provided appropriate credit is given. Communications Director ........................ Carl Portman Writer & Editor Executive Committee Officers Member Services. Director ........... Michele Hendrickson Carl Portman P-esident _._. . ....................... ......John Rense Administrative Assistant ... ................. KimDery R Duke V ce President ... _....... ... Curtis Foster Staff Assistant ........................................ Nancy Davis e <�rx June 1992 , RES 1JR RiFVIF1N; Page 7 Alaska's Petroleum Products from Tesoro R� :)urce Development Council 1, 1 W Fireweed, Suite 250 Ant Forage, Ak; 99503 AL )1 & CORRE( TICJN REQUESTED As you travel around our state, you'll see a lot of our eight stars of gold. These stars give Alaskans a special spirit, an energy all their own. And that special spirit, that Gold Star Energy, goes into every petroleum product that Tesoro_ makes, whether its gasoline or diesel fuel. Because it's all made here in Alaska, by Alaskans. So, as you're seeing the sights, stop in at one of over 100 Tesoro stations around Alaska. We'll fill you up with some Gold Star Energy all your own. Mayor John Williams William J. Brighton, .Manager City of Kenai 210 F'idalgo Avenue Kenai, AK 99611 Bulk Ra e U.S. Post iae PAID AnchoragE AK Permit No :177 ALASKA STATE LEGISLATURE. House Fina REPRESENTATIVE MIKE KwARRE junea: , June 10, 1992 X Honorable Walter J. Hickel �,�`9�9 Governor of Alaska1 State Capitol, N Q'-� Via' Juneau, AK 99801 Dear Governor Hickel: Of critical importance to the City of Kenai, and among this year's capital improvements projects, is the Thompson Park Subdivision Sewer Interceptor and Water and Sewer Mains (Senate Bill 483, Page 88, Line 4). The "Thompson Park Subdivision was designed over twenty years ago. Under present Department of Environmental Conservation regulations, many lots within the subdivision are insufficient in size for on -site septic tanks, cesspool systems, and water wells. Wells need to be drilled in close proximity to septic systems because of the small lots in the subdivision. This has resulted in the re - drilling of wells, diminished water quality, and frequent replacement of septic systems, which poses an extremely serious health hazard to the community. The Department of Environmental Conservation has recognized the Thompson Park Subdivision water and sewer problems as a top priority, and the City of Kenai is prepared to match the $700,000 State appropriation with more than $300,000 in local funding. Please give this project your favorable consideration. Should you have any questions, please do not hesitate to contact me, or Mayor John Williams at 283- 7535. Sincerely, Representative Mike Navarre cc:. Mayor John Williams MN/1 sg DISTRICT 5 34824 K-Beach Road • Soldotna, Alaska 99669 • (907) 262-7842 t� PRINTED ON RECYCLED PAPt R ALASKA STATE LEGISLATURE REPRESENTATIVE MIKE NAVARRE June 10, 1992 Honorable Walter J. Hickel Governor of Alaska State Capitol Juneau, AK 99811 Dear Governor Hickel: House F The Central Peninsula Homeless Coalition is actively involved in an effort to address the plight of homeless children living in- the Kenai area. As part of that effort, included in Senate Bill 483 is a $ 16,000 appropriation for the "Homeless Children Pilot Project" (page 89, line 16). The grant is planned as a "pass -through" approriation for the City of Kenai. Statistical information on runaway and homeless youth in Alaska is spotty at best, making the accuracy of the available information limited. While Kenai Peninsula Borough School District counselors have gathered information, and agencies that deal with the homeless on a regular basis (Women's Crisis Center, :Love Inc., Salvation Army, Police Dept.'s, ADFYS, ASHA, etc.) have been contacted, those organizations can only verify the numbers of homeless they serve. The actual magnitude of the homeless youth problem is only a guess. The first goal of the Homeless Children Pilot Project is to identify those individuals in need. One of the most serious problems faced by high school -aged homeless youth is constant movement from one community to the next. This movement forces them to shift from facility to facility, further disrupting their already chaotic lives. As a result, the chance of these children completing high school is :minimal. The project will address this problem by establishing temporary living arrangements in area homes and locating reasonably priced rental units, locating and assisting in employment opportunitites, improving communication between teens and parents, and assisting with the Food Bank program to ensure proper nutritional needs are met. The Central Peninsula Homeless Coalition is prepared to match this capital grant with local and private funds, federal funding sources, and substantial community volunteer effort. I respectfully urge your favorable consideration of this worthwhile capital appropriation. Sincerely, Representative Mike Navarre cc: City of Kenai MN/pm DISTRICT 5 34824 K-Beach Road • Soldotna, Alaska 99669 • (907) 262-7842 PR INTED ON RECYCLED PA. PE R ALASKA STATE LEGISLATURE REPRESENTATIVE MIKE NAVARRE June 10, 1992 The Honorable Walter J. Hickel Governor of Alaska State Capitol Juneau, AK 99801 Dear Governor Hickel: House Financ Juneau, As you review the capital budget, please give your favorable consideration to the City of Kenai's request for $20,000 for. the Forget -Me -Not Adult Day Care Center (SB 483, Page 87, Line 16). A division of Central Peninsula Counseling Services, the center has the following maintenance upgrade health and safety needs: 1. An antiquated heating system ($7,100). Although the system still functions, it was originally installed to serve an entirely different population and need. The heating system has proven to be inadequate to heat the entire facility and is a forced air system that blows on the elderly participants, contributing to their already vulnerable medical condition; 2. Clothes washer and dryer ($1,340). Because of the prevalence of incontinence among the clients of this program, there is a definite need for these appliances. This addition would not only address the health and safety issue, but would be beneficial in maintaining the dignity of th-e program's clients. 3. Gas range and installation ($1,,170). The current gas range is very old and does not function properly. Other than the benefits of the clientele having a reliable appliance on which to cook and prepare fresh baked goods, a properly functioning range would alleviate the constant fear of gas leakage; 4. Flooring ($7,000). The flooring is cracked and dangerous to more feeble clientele; 5. Two orthopedic sleeper chairs ($1,900). In order to assure proper rest for clientele who have a lot of medical problems; 6. Two couches with support ($1,900). Since breaking a hip is a main health and safety concern, these couches would comfortably support residents who have difficulty getting up and sitting down; DISTRICT 5 14824 K-Beach Road • Soldotna, Alaska 91669 • (907) 262- 7842 PRINTED ON RFCYC1-Ff7 PAP'CR 7. Wheelchair with special adjustments ($2,500). This would be for a client who is losing upper body strength from palsy. In addition to the above needs, $1,034 is required to provide better and safer transportation to clients in the company van. As you can see, the $20,000 appropriation will not cover all these requests. Additional funding will be obtained with in -kind contributions, fundraisers and volunteer efforts. However, it is a vitally important source of funding to effect at least some of these necessary health and safety improvements to keep the Forget - Me -Not Adult Day Care Center as safe as possible for our special needs population. Should you need more information or have any questions regarding this appropriation, please do not hesitate -to contact me, or Nancy Glonek at 283-7294. Sincerely, Representative Mike Navarre cc: Nancy Glonek, Coordinator MN:lsg