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HomeMy WebLinkAbout1992-01-02 Council PacketKenai City Council Meeting Packet January 2, 1992 AGENDA RENAI CITY COUNCIL - REGULAR MEETING JANUARY 2, 1992 A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items lasted 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. PUBLICHEARINGS 1. Resolution No. 92-1 - Transferring $3,606.97 in the Bicentennial Visitors and Cultural Center for Change Order No. 7 to the Construction Contract. �v4x 1992 Liquor License Renewal - Casino Bar/Beverage ta Dispensary and Casino Liquor Store/Package Store. IV 3. *Games of Chance and Contests of Skill Permit Application - American Association of Retired Persons, #745. D. COMMISSION/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 F. 1. *Regular Meeting of December 18, 1991. -1- G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1471-92 - Increasing Estimated Revenues and Appropriations by $173,622 in the New Capital Project Fund Entitled "Set Net Drive." 4. *Ordinance No. 1472-92 - Increasing Estimated Revenues and Appropriations by $289,096 in a New Capital Project :Fund for an Addition to the Public Safety Building. 5. *Ordinance No. 1473-92 - Amending Estimated Revenues and Appropriations in the Court Facility Capital Project Fund. 6. Discussion - Mutual Release/Grace Drilling Company. 7. Discussion Assignment of Lease/Kenai Bowling Alley. 8. Approval - Change Order No. 7/Kenai Bicentennial Visitors and Cultural Center - G&S Construction. 9. Approval - Award of Architectural/Engineering Services for the Kenai Courthouse - McCool, Carlson, Green. 10. Approval - Bond Counsel Proposal for the Kenai Courthouse - Wohlforth, Argetsinger, Johnson and Brecht/Davis, Wright, Tremaine. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council R. ADJOURNMENT -2- MAYOR'S REPORT JANUARY 2, 1992 COUNCIL MEETING CHANGES TO THE AGENDA REMOVE: C-2, Approval of 1992 Liquor License Renewal for the Casino Bar and Liquor Store (it will be added to the Consent Agenda as owners are now current). ADD: Information Item #6 - Pay Estimate No. 3, Kenai Congregate Housing Project/Gaston Associates. Information Item #7 - 12/30/91 Peninsula Clarion article regarding Thompson Park Fund Raiser. CHANGES TO THE CONSENT AGENDA ADD: C-2, Approval of 1992 Liquor License Renewal for the Casino Bar and Liquor Store. MAYOR'S REPORT DISCUSSION Suggested by: City Council City of Kenai RESOLUTION NO. 92-1 A RESOLUTION OF THE COUNCIL OF THE CITY OF KKENAI, ALASKA TRANSFERRING $3,606.97 IN THE BICENTENNIAL VISITORS AND CULTURAL CENTER FOR CHANGE ORDER NO. 7 TO THE CONSTRUCTION CONTRACT. WHEREAS, the Counc..l desires to approve Charge Order No. 7 to the construction contract; and WHEREAS, $39,062.3c:) is available in the contingency account in this project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following budget transfers be made: Bicentennial Visitors and Cultural Center From: Contingency $3,606.97 To: -'onst.ruction. $3,606.97 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of January, 1992. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: C g (12/26/91) kl. �u KENAI PENINSULA BOROUGH 144 N. BINKLEY • SOLDOTNA, ALASKA 99669 PHONE; (907) 262.4441 January 2, 1992 City Of Kenai Attn: Caro]. L. Freas, City Clerk 210 Fidalgo Kenai, AK 99611 DON GILMAN p,tAYOR Post -It" brand fax transmittal rnemo 7671 A of pa{ -- -► y i3 Vic)/ RE: L:Lquor License Renewal CASINO BAR - Beverage Dispensary CASINO LIQUOR STORE - Package Store Dear Carol: p z i- I/ x< Please be advised that the Borough will have no objection to the renewal. of the above noted license based upon unpaid taxes. The Sales Tax accounts registered for this business are filed through 10/91. Personal and real property tax accounts registered to either the applicants or business are current through. 1991. Please send us a copy of the original application and your City Council approval/objection letter for our records. Thank you for your cooperation in these matters. Sincerely, �.�. Linda Barclay Delinquent Accounts 3 6 E Q F L hSK WAITER/. HIC DEPARTMENT OF REVENUE SW 7THAVE ANCHORAGE. ALASKA 99501-M98 ALMgftIC BEVEW E COffROL BC14RO December 18, 1991 Carol Freas, City Clerk City of Kenai 210 Fidalgo Kenai, Ak 99611 Dear M; . Freas : We are in receipt of the following applications for renewal of liquor licenses within the City of Kenai. You are being notified as required by AS 04.11.520. BEVERAGE DISPENSARY CASINO BAR PACKAGE STORE CASINO LIQUOR STORE IV -71�11 ice, Sul- Alem. ,aCnntml[o.A LIQUOR LICENSE APPLICATION PAGE1 OF 550 «. bl.. A m Avenue (Please read separate Instructions) A�xnore'Je. A/esw.a 9950� Sand Parts 1 and 210 the ABC board. *071 Z7 r-5633 Keep Part 3Im your IIIee. Th4 %,p co'bn w tor. (char* one) CJ A full cebnllar year ❑ The soh rmnth period beginning _-__ __.-_--__ - _. --. and ending _ CTION A_LICENy4E"tIYFORMAT10N Must be cOn"Oet6d f0f euryae,_otepWce_lwns. _^_ w +' Appfi-Ion. Lice ee Type ;tetute Reference For Lk:ansa Yoer Fetlard EIN -ao 7 : 3S '� License Fee $ r N°. r` Q-MunkDell'yNipacifY) 47R ❑ Outside MunkVellry i i{ Flling Fee $ 100.00 uor Lk mse Nun%lel If re al, has tn- sa been exerclsed or active at least 30 elght-hour Penalty (If (_. Tmns!or of deyn curing the past calendar yow7 (AS O4.11.330(3)) �. applicable) Lkanae Holder -- ,1 pC, i K no, "ICStbn will be denied unless wrhlen request! for tZ] YES - '---'----- Total (] Raocanon waiver of operation Is approved by Me Alcoholic Beverage ] NO Control Boaro. Submitted $ or ng F s name end nrellll n ea, As Doln ass AS Busl -��8ualhassrwC -- �I Melling Address Commun Conn and , uld m ado ass �. n a oukl a on Me IkMse o ( (� InsWctbne ) Missal's - � 13uamass Phone Numbers) (] THS L`i A NEW MAILING ADDRESS acd V,i , , J 7 .Z.... SECTION B. PREMISES TO BE LICENSED. mostibecompletedeorTN-°wandRelocatbn calorie. _ H to be used on Public sign or advwtlalrg to Identfly pwlocation rnlsae: - fe of promisee greater than m less than 50 miles from the boundaries of s � In- �� j , yv 6 C),<. - Sy, j G municipally (Incorporated city, borough or unified munkdpallty)? Cbsest Sch..I Grou"& ,., A Dktanca measured under: 1 ...-_-.-._ AS 04, 1.410 OR (` Grower Men 50 rrdles AS[ Laos Man 50 muse ❑ Not Applksble Local t>Ninanco No.:--....-.._-___._ Fram,sce 10 be licensed Is: ] Plans submitted to Fire Marshall (Required for now and proposed buildings) [} E:ienno F- ❑ New Bulkln El Proposed Building _�[] Diagram of Premises Attached (Required for all New and Relocation "lleetlons) .-..-�__.. ��,_._._ iECTION C. RENEWAL INFORMATION. Must beconpletadfor Renawalapplications ony. Has me area varwe alCronolk oeywsgas ere s11d, served, Haslne statementof financial Interest changed from Me last PACKAGE STORE. Is this a renewal of the annual cb mod.Io sssaed endlorstoredbeen cneniled fromthe sumtornent subnvttedtothe Akohohlc Sevarage Control Board? notice required under 15 AAC 014,645 to sAl alcoholic heal ding rar, suorrrined7 beverages In reponse to wrf - orders? YE; Dq NO I Cl )'ES MN(:) ❑ YES ❑ NO I e FC710N D. TRANSFER INFORMATION. Mull be corphoted for Transferor License Holder and ReW21lon applications only.. ivolrartary TrenHw.Atbch documentawNch e+ldenr:a'defnurt'undo AS O4.11.670. Narne(s) and Melling Address of Current Lkeneee(si �..,( Rog:aer Transfer. Any mabu nent ezacutrd undev AS O4.11.670 for Purposso of nPPNHV AS O4.11.360(4)(B) In a later In-luntary us. -tar. mue[ be flirt wnh thk, - rppNi.•annn (1 5 AAC I04.107). Past or personal p ropeft y convoyed whh this t•ensfer Is. ;Anech artrs sheets It nace6sary) i BEFORE TRANSFER, Doing Business As: (Business Name) BEFORE TRANSFER. Strom Address or Locator SEOTI_ON E._C1'ORP0RATION_INFORMATION Mus r complatednemllcentorco-eppllcantsa«rporellcn (ASO4II390) Corporals 14- DolrILBusln-S As Ieusl ess Nerve) Dahe of Incorporation- k, Masks k4atl rig J'ddr ass _-- _ Slrset Addressor LoceJnn of Bu slnass 1y Ste.0. : IP C xi I Clry ano State ; , ,� S �_'� Co�rate Office Phone No. 1. tna st-. named co.p r lon In good stomirg with rho State of Regkto od Agog (Nano and Melling Add(9ss) Ag-re Alaska Reluctancy Masks, f)srartr-1 of Comenwue end Eco-rn c Dwebpment? c r r r.,,.. �'n C /C_f,.ry hrC- Years: :2�3__Mornlhil - �(9 �L %2- 1 Agenra Phone No. '� YE 3 ❑ NOCl-!�C"l1ric.0 f:!C`lriS-Q2- ai. /3 /1/FIN CORPORATFON DIRECTORS AND STOCKHOLDERS (t)se addhdonai sheets if necessary) % or Shares of Full Nano ;Donor use Inbals' Home Address [let° of Birth Ownershhp _S, -- --- - - r:7 F1 i C- i _-/� S,J Z. IC.> % PHIS AREA OFFICE USE ONLY -_--sa Nurnbw -T Data Approved 94 1 Page 1 (Rev.:' g l Directors Signature ,-1 9 --& ALASKA LIOUOR LICEI I4,PPt_ C:A71JN PAGE 2OF2 SECTION F. INDIVIDUAL : ''RPORATEOF'9CERINFORMATION. ThefollowinglntonnoWnmustbeprovdedforeachapplicant orcorporate officer. ilthe apprxa-I or rro-applicant is e ocrpo ir-. :^e onk s I%t*d must Include the President, Vice-0rasdenl, Sacretary and Treasurer. Use addtilonai pages as necessary. tun Name tUo not us* Inslalci Full Name (Do not use Initials) ... MBI..ny Address - ,. hwhmg AddFO" i 9a<- Cny. S!s•e, Z p Caw Y Cloy, State. Zip Code - Home Address IN different from melling address) None A Jd, as (s dlnerent horn coal Ong sddrass) r,''� _ L jc .�--!i. � �ti.. �'T �r-aJ •4 :_..__. S � G �r�L ,.��'U � Imo, _ [E �•. 1y; n Ie of Blnh Home Ph me Wo x Pho on. Date of Birth Home Phone Work Phone Len!fi of Alaska Reed" tiapphcantisacorporatlon. MenNrylhscorporateofficeyou Length of Alaska Residency Ifepplicant lsecorpora"Dn, klentirythocorporsta office you leers kbnlha hod. Years Months hold 1 till Me— (Do not In!tJalb) use -_ Full Name (Do not use Initials) MOP.. Address 3ST JiJ ��c%�=�z Nettling Addrsee city, ;taw. Zip code City, state, Zip Code Home Address IN cIfferent from mdlxig address) Noma Address 19 different from rnalli address) Data :4 Birk Honor Phone Worrx rPhone Dots of Birth Honor Phone Work Phone LengtnofAlaskaHasgerwy If applicant lsacorpomtlon, Identify the corporateofflcs you Length of Alaska Residency ti appllcanryffi t is scorporstlon, Identify thecooreteocayou - — Veeis Months hsH Years Monmhold. hold. SECTION G. INDIVIDUAL/CORPORATE OFFICER BACKGROUND. Muetbecompatedforalltypesofappikatlons. FD<ws sny IndNqusl or corporate oRker named above mew have any direct or indirect Interest in any other s"holicbeverage bustns Ikensed In Alaska or any other state'? I_! N:J a yes, give stale, manna of business. and atldrass. 4 , Has e•,y 1,K*, ual or corporate officer listed above been conviclao or a felony, a vlolanon of AS ed, or been convicted as a somas* a manager of rkanaed prennisse In another stale of the ", hews of that state alrics the afiry of the last applicatlon7 [D NO ❑ YEs If yes, please explain on separate *neat of paper. S_EO TION- H. DE LA RAT10N. Rt et be reed and ce ?filed by each applicant. _ _0--- — --- ------ -- -- -- -- — I declare under penalty of perjury that I have examined this application. Including the accompanying Schedules and statements, and to the best 11f my knowledge and belief It Is true, correct and complete. I funhar certify that I have read and am tamillai with T11ie 4 of the Alaska statutes and its regulations, and that in accordance with AS O4.11.450, no person other than the applicant(s) or llcensee(s) has any direct or Indirect financial interest in the licensed business. 1 agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. if app lcotlon 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 one year prior to the date of this application. SIGNATURES OF CURRENT LI-CENSEE(S)_JAPPLICAP/T1__- _t SI6NATURt�S) OF 7RANSFEE� RESZ k"; Subscrt.d and sworntoDaore me this _.�'� — _—... Sribecabed and swum to berets me this d,yoy \ lrr =�_-- 19 __ y I daY of _ -__ �— __--. - 19 __-- _. ---- _..�. III NOTARr PV0LIr IN ANO*11`1 ALASKA / NOTATY PUBLIC IIJAND FOR ALASKA f•*s' com+iisbn a ¢ew _-__ __ __ — _— . _— My convnleslon explree 1— (14 Q� 11*. 2(Rw 79') 3 J :undo (f Alaska AYroh(,,C Rovwrrge Control Board 550 W 6ecenm Avenue Ancho+age, Alseks 99501 907):774638 'T'.a epollallkn IS for: (check one LIQUOR LICENSE APPLICATION PAGE OF (Please read separate instructions) Bend Parks, l and 2 to the ABC fiord. Keep Part 3Iw your 1I ❑ A ?aril Cale'eytf yeei ❑ The six morth period beginning —_.. _--.._ _ -.. __ mid on ring ECTION A. LICENSE INFORMATION. ;l* of Applkellon: Lkenaa Type _ ( ,, New r � : � i • c r� �.. �. Cunent L uor I'J;ense NonY�er EI Tender of U::wrw Holder Eme "Icert's or nensfwoee name and mauling s os It addresahould appear on the Aeense: `.Y 'Y_K�, r,.I U �.•r (..) U clyt J TLy-/[ •�-., ❑ THIS IS A NEW MAILING ADDRESS Must be co"Oeleo for ell rypas of applications. —..-_-----_-1j �Su:+Me Reference II Fc r Lkonae Yesr Foderel EIN sec 04„ -- 1 .t:l �i _ 2 _r, e,7� 3Sre Ef,w-Tn e-Munkpelly (stwaty) OR ❑ Outside Mun"ImIlty enewel nee txlen oil —sod or active at loot 30 eight -hour dew dunng the past calendar yoar7 (AS O4.11.330(3)) Lp " S If no, epprkatkn will be denied unless wriasn requset for waiver of operation Isepprovrt by the Alcoholic Beverage mess As (Business Nome) CRY, Business Phone Numberls) License Fes $ Filing Fee $ 100 Penalty (If applicable) $ Total=- Communky Council Nam mid Melling Address (Sea InetNGtlona) SECTION,B. PREMISES TO BE LICENSED. �+o��. offer«dlorNewewRaocatlonaPwcacwna. TT-- ---___._---- Nm/p'e to be ueod on pudic Sign or In adverlas tlel to Identify premises: - - 7 Is location of premises greater than w e men 50 miles from the boundaries of s �.,,, t-4- QnL 7 . i 2..� I munlclpally (incorporated city. borough or untried municipelfty)7 6"", Shoot Grounds: I Obtance meesured under: E _, a L Les- bes' Crunch y/ -- - —"-- —'—!—_I C] AS bY., t 11.410 C R Greater than 50 mm use ❑ Lou an So mite Not ❑ Not ApplkeWe viI L CC 5 4 L_ ❑ Local Ordln" a No__ P e lees !I be licensed Is'. ❑ Plans-tomMad to Fire Marshall (Required for now and proposed buiklings) D F .nip Fer:1, 111r❑ Now Buildr�_ _ ❑Proposed Bulld�lrn - r] Diagram of Promisee Attached (Required for all New and Relocation sppllndo iECTION C. RENEWAL INFORMATION. Mualbe, corolatedto, Ran—alePPikstwnaonb- 1aa the area where alcoho+k beverages era fold, Saved. Has the statert+ent of 0nancie.l mtwest changed from me lest PACKAGE STORE. Is this a renawel of the annual � urred. possessed andOr stored been Mangan from tha staterhont subrt+Med to theAkonotk BevwagoConlz BoenY/ notice required under 15 AAC 014.645to sell akohofk eel olailra.m wbrnmel? bavereges In reponso to written orders? ] YES 0'N0 ❑ YES EEMO ❑ YES (;3'140 k SECIIOND. TRANSFER INFORMATION. Mist be, comaeed for Transfer of Lime Holder and RelocaIbn applications only. invalvrtry Trenafer. Attach docunnentswhich evWoncv Waue• underAS 01.11.670. I 'Nan**) and MaAing Address of Current Licensoo(s) •-„) Regular TrMetr, Any Insta runnt execulod under AS O4.11 670 for purposss of aWlrh g AS 04.11.36014)(0) In a later i—Auntary transfer, mue: be Glad with this appr* on(!5AAC104107). Real or pesonat property mnvoyedwtth this transfer he'. Attech extra eheats 11 nacesaery) BEFORE TRANSFER. Doing Business As: (Business Name) I-IEFORE TRANSFER, Street Address or Location E, CORPORATION I NFORh1AT10N WI ,,S, mrhtreoa n "Icant o o spWrant Is emrporetkn. (AS 04.11.390) _ _lON [e Neon. DoJng Fusin— As ; B Sinew Name r Data of Incorporation In Alaska ( d r n I o _Z'`.�,-- ,, yf� `y ►��.�- � c ,L J"7?>�i�- 7 Street Address nr Location o"i; $lpess , CRY State :lp Code Cry an, State ) r -^' Connomtre Office Phone No. 1. the "'.0splnor n d of Cmm�lon I and Econconvc Deh the Suits Is me stove named corporerlon h good atrxflrg with me State of rilt? . n d R°j trtered Agent (Nerve and Meiling Address) ( L / t Agenrs Aloke Residency "OT"r'(E3 ❑ NO D %i •± %i f-r - d-'`�:L I Agent's Phone No -- ---- I CORPOPATION DIRECTORS AND STOCKHOLDERS (Liss scidMonal sheets If necessary) % or Shares of Full Na ne (Oo not use Initiate) Home Address Dele or Birth Ownership 11 2c..�-1�-r S — I •r-rrro we rw �wrn r- nc� rsur v '�--�. �__ r)i J Number' I Data Approved 1` m O0 90 Page I (Rov 791; Director's Signature 0 ALASKA LIQUOR LICENSE APPLICATION PAGE 2OF2 SECTIONF.INDIVIDUAUCORPORATE OFFICER INFORMATION. The toisamrigInformedonmust beprovldedfor each spra pnntorcorporate officer. Ifthe anWusnt or co-agNtcani e e corporso n. the officers Ilslad must Include the President. Vice-PrecNent, Secretary and Treseurw. Use addhbnal pages es n"osery Fur Name (Lc not use males) Full Nonie94Do not use lnitlais) - ksanin? Addrw:s Matkig Address C "y 5 tars, zl Coos City, State, Zip Code Home Address (t dffbrent from malls g address) /inner Address is dihwent horn marling addr"s) 7. Dale, r 81,11t Home Phone WodPhone Deb of Birth Home Phone Work Phoney Length or Aeeke Hesdency If applicant Is a corporation, klentlty the corporate office you Length of Alaska Fl6scency If appliant is a corporation, centlly the corporate office you Ysan kbnths — _ A'% hoc. / C� S 1�C Years MxItM -122 Aoki VIC E_ >�2c5,�C l Fun N.— IDo not use Initials) Full Name (Do not use Inbois) - _ I+>ellktg Aairess r Mailing Addreas city. See. Zip Cods , city, stale, Zip Cods Hone Address IN different from meting address) H­ :dd, ses if different from matling address) Data W skin Moms Phone 1 Work Phone Date of Birth Hone Phone Work Photo tength,t AfesAe Reticency Mappacent is amrporstbn, Identify the corporate office you i..engthor Alaska Residency ff appicant is a corporation, Identify the corporsteoffka you Years kAonths hold. SCcT litersMonths hoed. i� SECTION G. INDIVIDUAUCORPORATE OFFICER HACKUHUUND. Mustbscdnpleredbralltypseotappl"mn. Ooee ar y Indtvktuel or oorprxafe officer named above how have any direct or indirect Interest in any other alcoholic beverage business licensed In Alaska or any other state? n NC EJ_ytS ff yes, give state, name of business, and address. a Has any Individual or corpomffic ts oer listed above been convicted of a felony, a violation oI' AS 00, orb~ convicted a licensee or manager of licensed pranssss inanother state �o-f the liquor laws of Mat wale slnca the ffwg of the last application? lJ NO ❑ YES ff yes, please explain on ."rate Mee of paper. - SECTION H, DECLARATION• Must be rvea and oanmad by ea«, appi cant. --.— I declare under penalty of perjury that I have examined this application, Including the accompanying schedules and statements, and to the best of my knowledge and belief It Is true, ebrrect and complete. I further certify that I he ve read and am familiar with TIlle 4 of the Alaska statutes and Its regulations, and that In accordance with AS O4.11.450. no person other than the appllcant(s) or Ilconsee(s) has any direct or indirect financial interest in the licensed business. I agree to provide all Information required ny the Alcoholic Beverage Control Board in support of this application. tf appliiwton 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 data of this ,application, or all of the shareholders have resided in the state of Alaska for at least one year prior to the date of this application. SlAq 2l�RE(SFLOCURRENT LICENSEE(S)LPPLICANT)_—_ SIGNATURES OFTRANSFEREESS)— i r SUt*crtmd and ewV m to before me this +Aevbel end ewom to le}on rte tole —_�—.. _ __._._-_.—._..._.—.__------- o,a _ -.fix_ t,-_. / 19 �- day of --.._ --. 19, L W)TAAY 0UBIJ04A ANDFOR ALASKA NOTARY PUBLIC IN AND FOR ALASKA, lip co�.vrarsion sxpkN _ ___.--.Y. _----- �lr'%r;wnmiier6n •xplrae'_ _. --_--,._--_—�_,_ �orrn 0-4 90, Fogs 2 iFl v. 7At1) 1 Alaska Department of Commerce Games of Chance and Contests of Skill C �' and Economic DevelopmenGlt Division oxupatbnalLkensing PERMIT APPLICATION P.C). Bax1108110806 Ju I eau, AK 99811 -0806 AS 05.15.020 and 15 AAC 105.100(a) Please read the instructions before completing this application. All sections of the application must be completed 1. NAME OF ORGANIZATION GA. RENEWAL APPLICATION Aril e i c an A. s s o c l a t i c l l c` Retired Most Recent Year t Lt F, Persons Permit Number: 8 7 — 2 51 Issued: 19 91. ATTACH the following REQUIRED Items: )W Current Alaska membership list (must have at least 25 members) Mailing Address P , 0. B o x % 2 1,1 ❑ Copy of amendments to articles of Incorporation and bylaws, If any; Include copy of certificate of compliance amendment and certificate of amendment/ Inco rpo ration/rei nstatemen t City, State, ZIP Code ® Board resolution or minutes appointing the primary member (see Instruclons). h e n c:i e A 1 �, s k ) 9 9 11 ® Proof of filing the application with the nearest city or borough (sae Instrur bons). Claming checking account number, bank name, address and telephone Dumber: 9io a,2 2. TYPE OF ORGANIZATION 3. TYPE OF GAMES. List by common Check one box, For deflnitlons see name If other than those listed. Sae AS 05.15 210 and 15 AAC 105.010 AS 05.210 and 15 AAC 105.110 — , 6B. NEW APPLICATION .160. a. Gharnable IN a. Bingo NOTE: Bingo games Number of years organization has been In existence In Alaska: � b. Clvb or Service must not be held more than ATTACH the following REQUIRED items: c. Dog Mushers'AtaoCiatlon fourteen occasions Ina c a I- ❑ Current Alaska membership list (must have at least 25 members) d.. Educational endarmonthwithnomore than ❑ Certlfledtrue copy ofarticles ofIncorporation, acopy oftheeertifkateofConpllance e. Fishing Derby kaoclatlon 35 games per session or se- and a copy of bylaws and national and state charters. r'as of games, ❑ Copy of IRS certificate or tax letter or tax exemption Issued to nonportlt of ganlza• [] f, Froternal C] g' Lat"r � b. Raffles 8 Lotteries lions, If applicable. ❑ c. Pull -Tabs ❑ Documentation showing organization has been In existence In Alaska three years C] h. MLnklpallty k:e C;I,,rssics or more (e.g. bank statements, correspondence to the organization, reculr>ts for C] . Nonprofit Trade AssociationEld. I 1. ❑ e. Dog Mushers' Contests services rendered or supplied, etc.). [] Outboard Motor Association ❑ f. Fish Derbies ❑ Board resolution or minutes appointing the primary member In charge of pames. C] k. Po Ice or Fire Department ❑ g, Ralf, Classics (see Instructions). and Company [] 1. Po ❑ h. Mercuy Classics ❑ Proof of filing the application with the nearest city or borough (see InstrucTms). RICAI ❑ I. Ooose Classic Name and mailing address of National Organization (If applicable): C 1 m. Re glCus [] J. Srtlmoi Classic C] n. Vererans ❑ k. C'ontew;ts of Skill ❑ 1. Marksmanship Rifle, Archery or Pistol 4. ORGANIZED AS: 7A. ACTUAL 1991 GROSS RECEIPTS �j o o 1 53 [:3. Races FROM ALL GAMING ACTIVITIES s / C] Coiperation El. :'Iritck and Field Events ❑ King Salmon 7B. FEE. Check the appropriate box and enclose the correct amount. El Public El Private n. Classic If GROSS receipts from ALL (Including monte Carlo, etc.) Then tl i.r ❑ Partnaarshlp 5. ESTIMATED 1992 GROSS 1991 gaming activities were: permit f.re Is'. C_1 Assoc lotion RECEIPTS ® $0 . $19,999; or if you are a New Applicant ..................... $20.00 ❑ $20,000 - $99,999......................................... .............. ......................... t50.00 S _—. -- — - ❑ $100,000 or more ......................................................... ................ 1100.00 8. LOCAL OFFICERS (must be current bond fide members In good standing) NAME IITLE SOCIAL SECURITY NUMBER DAYTIME TELEPHONE NUMB("R Doris Darr_— ---- ''re ,icent 520-22-0332 283-9629 — —Billie ?res:i.dent_ -- 129 20-5323 203-9,143 _�7er,,tance 0',,)11,')_.ack,on 'Treasurer 520-`_ 1-70OG 283-4493 „Vir'c,inia ,', cr_ Uecr ter,' 477-•;: -0z>37 283-7717 FOR DEPARTMENT OF COMMERCE: AND ECONOMIC DEVELOPMENT USE ONLY Date of Receipt Stamp Permit Number Cate o1 issue Guarterly Reports Filed ❑ 1 ❑ 2 ❑ 3 ❑ 4 F'nancial Statement: ❑ Yes ❑ No Cl New 1 Fee Ci Yes ❑ No NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSED. (1) 03-4039 (Rev, 1 ),91) 9. DEDICATION OF NET PROCEEDS. Before a permit can be granted, the organization must plan to use the net proceeds from gaming activities for the awarding of pr! and for political, educational, civic, public, charitable, patriotic or religious uses IN ALASKA. (See Instructions for specific rules on how proceeds can and cannot be spa In the space below, tell how your organ Izatlon plans to use the not proceeds from the gaming activities (scholarships, medical assistance, food baskets for needy,flrefighl equipment). Be specific. Sunshine rComn ittee Purchases greeting cards, postage, gifts to shutins ? n d .ill members. Kenai Senior Services; Hospice 10. PERSON IN CHARGE OF GAMES, This must be a bona fide and active member of Lhe qualified organization, or an employee of the municipality. This parse responsible for maintaining the records and preparing all the required reports. An alternate member must be designated, as the responsible person during the abse- of the primary member to charge. It more than one alternate Is to be designed, attach a separate shoat and provide the required Information asked for on this p for each. If any primary of alternate member In charge changes during the calendar year, you are required to notify the Department of the new person(sl. Sw a copy of the board resolution or minutes of meetings appointing the primary member and giving authority to the primary member In charge to sign application on behalf of the organization. A. PRIMARY B. ALTERNATE Name Daytime Telephone No. Name Daytime Telephone No. Doris Da_y _ ,,-`83-9629 Billie Huddleston 283-944" Melling Address Social Security No. Melling Address Social Security No. Dox 61C 52C-22 0332 Box 3541 129-20-53='f? City, State, Zip Cod —r F:eliai , Al:i. �k a Title F're City, State, Zip Code Kenai, Alaska 99 611 Title O c :. 1 1 __.F..—_ ,ident; ---- 11. LOCATION OF ACTIVITIES. Specify where the games will be conducted. Including the drawing of raffle tickets. If this location changes, you must notlfyboth the Deoartn of Commerce and Economic Development and the local government within 10 days. (For more then one location, attach a separate sheet.) Name and Street of Premises for Each Gaming Aellvlty, Attach Additional Pages as Needed 1• Kenai Seri:i.or Cente^ Type of Game Game Raffle Contact Person De Day Daytime Telephone 283-4156 1 Z OPERATOR (if any). If an eoerator Is employed to cor duct the gaming activities, you must provide a copy of the contract with the operator to the Deparment Commerce and Economic Development at least 15 days before activities commence. You may contract with only one operator at a time for each type of gaming activr The member who has been designated above as the person In charge of the games Is responsible for monitoring the operator's performance. Name of Licensed Operator Copy of Contract with Operator: ❑ Is attached. ❑ WIII be sent by certified mall no later than 15 days before 0 0 activities are conducted. 13, THESE QUESTIONS MUST HE ANSWERED. YES NO ] �l A. Has any person listed In 10 or 12 above ever been convicted of, or on parole for a felony wlthln the preceding five years In any stale, territory, or ore' country? U ® B. Has any parson listed In IC or 12 above ever been convicted of a crime Involving theft or dishonestly, or has ever been convicted of a vlolatlo f n r state of a municipal, state or federal gambling law? U VI C. WA any perscn listed In 10 or 12 above receive compensation of any kind from the receipts of the gaming activities? If yes, explain. 14. SIG NATU RE. This application must be signed by the primary person In charge of games listed In 1 OA above. CAUTION: A photocopied signature will riot accepted. Mako sure that the onglnal signed application Is filed with the Department of Commerce and Economic: Development. t declare under penalty of unswom falsification that I have examined this application, Including any attechmeni, end that to the best of my knowledge and belief It is true and co'rp I understand that any false statement made on this applicatlon Is punishable by law. I further declare that two copies of this application have been delivered to the neares city borough office for review. Printed Name Dats -- 1'i. CrrY OR BOROUGH RESPONSE TOLAPPLICATION. YoL must submit two copies of this application to the city or borough nearest to the location of the proposed t f,n ' activities Proof of filing must accompany this application. See Instructions. To speed processing, please have the appropriate local government official Indic vn signature bralow, the community's approval of or objection to lie permit. CAUTION: If this section is not completed, the processing will be delayed 15 days to allow t,,.a r: or borough '!me to respond to tnls appllcatlon. THIS APPLICATION HAS LOCAL. GOVERNMENT APPROVAL: ❑ YES ❑ NO (Arch axpianatlon of oblation) Havre of Lo- lice Governmer,t Official T"Ile/Cly Dale I Printed Name of Person WI•o Signed NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BY LAW. Telephone Numbs OS-4039 (10,91 ) BOARD RESOLTUION APPOINTING THE PRIMARY MEMBER IN CHARGE OF GAMING (Sample) RESOLUTION # / Pursuant to the requirements of AS 05.15.112 and 15 AAC 105.210 regarding the appointment and duties of the Primary Member in Charge of Gaming, the Board of Directors at a meeting held et Alaska AX,,,,,1.�, p 7) 199t, proposed the following resolution - BE IT RESOLVED by the Board of Di rectors of theMember ,%��s 49 i that X)04_', v li��a�, was appointed as la Primary y in Charge of Gaming. I Passed / 9 , 199( �Ltilt�v G�1-,� PRESIDENT (OR QUIVALENT) VICE-PRESIDENT (OR EQUIVALENT) SECRET Y TREASURER 14G/ra5126q 082791 a AARP CHAPTER �_745 - 1?92 Cu`rent Membership L}sf I. Gene Sipper}, 2. Freda Let.,,,'e 3, Pauline Lancaster 4. Louise Rhodes 5, Paul R. Padilla 6. Lou Abbott 7. Sam Huddleston 8. Billie Huddleston 9. Dick 8ogar�, 10. Lottip 8cgard 11. Virginia Poore 12. Al Poore 13. LaVonne Morgan 14. Doris Da' 15. Constance M. Jackson 16. Mildred Bagley 17. Bill/ McCann 18. Kathryn Shcrt 19. Pauline Gross 20. S/lvia JoL-json 21. Joanna Ho 'iEr 22. Hilma Her�an 23. Caroline ,.'leineick 24. Fioc7a Wi!son 25. Avis Jense: k� w` KENAI PARKS AND RECREATION COMMISSION December 10, 1991 `; } City Hall Chambers Chairman, Richard Hultberg - J 1. ROLL CALL: FA 3, The meeting was called to order by Chairman Hultberg at 7:05 p.m. Commissioners present were: Hultberg, Carlson, Gifford, Massie, Seibert, and Student Rep Swarner. Absent was Sandahl. Also present was Parks Director McGillivray and Greg Williams from the Boys' & Girls' Club. APPROVAL OF AGENDA: McGillivray requested Mr. Williams to be added to Item 3 - Persons Scheduled to be Heard. Hearing no objections, the agenda was approved. PERSON SCHEDULED TO BE HEARD: Greg Williams, Director, Boy's and Girls Club. Mr. Williams continued his presentation regarding plans for a youth basketball program. It was decided the program would be more successful if it started after the first of the year. He passed out a draft brochure explaining the program and lined out rules and regulations. Issues, sponsorship and joint responsibilities were discussed. The Boys' Fx Girls' program would target children from Kenai, Nikiski, Soldotna, and Sterling. Because of the area-wi..de base for participation, the Commission felt they could assist in allowing gym space but could not sponsor a group. Children desiring to participate would have to purchase an annual membership which could be used for other Boys' & Girls' Club programs and a participation fee to cover cost of jersey and insurance. The Commission welcomed the efforts of the Boys' & Girls' Club to initiate a youth basketball program and decided not to go forth with a City program that might conflict with the Clubs. Many Commissioners volunteered their services to assist: in recruiting, coaching, refereeing, and wholeheartedly supported the effort. 4. APPROVAL OF MINUTES: Fieari.ng no objections to the October minutes, they :_,too(; apprc✓ed as written. KENAI PARKS & RECREATION COMMISSION December 10, 1991 5. DIRECTOR'S REPORT: - 2 - a. The Men's Basketball began in November with 14 teams. some games are being played at Wildwood with two teams from prison. There will be no league play during the holidays. b. The Walter Bate's lawsuit involving an incident at Cunningham Park was settled out of court. C. Bob Frates is the new Teen Director replacing Bill. d. The Commissioners reviewed the gym schedule noting it stays very busy. e. A letter was received from Unocal requesting punch cards for use by their personnel. To date 34 punch card:-, have been purchased and they will be billed quarterly. The Coast Guard also have a similar program. As more requests of this type increase, a load will be put on the evening hours. The Center may need to look at transforming the third racquetball court off the gym into another weight/exercise room since the racquetball court requests are declining. This, of course, will need to be looked at closer when working on the budget requests. f. Beautification Committee has talked about purchasing new Christmas decorations and more banners. All of this has been put off until budget time. Some transformers on the Christmas decorations have burned up because they were too small to handle the load and will need to be replaced. 6. OLD BUSINESS: a. south Basketball -- Already covered under Item 3. b. LWCF Projects & Requests. Correspondence between the �_.Lty and the AK State Division of Parks and Outdoor Recreation concerning the LWCF Program was discussed regarding the As -Built requests and the FAA Field. KENAI PARKS & RECREATION COMMISSION December 10, 1991 7. NEW BUSINESS: - 3 - a. McGillivray passed out a packet regarding various playground equipment needs and/or replacements. After discussion., a Parks Review workshop was set for Tuesday, January 7, to evaluate and prioritize each park's needs. b. Gifford asked about cross-country ski trails. Some people have been utilizing the golf course. 7. CORRESPONDENCE: None. 8. ADJOURNMENT: Gifford moved to adjourn the meeting so Clifford could have dinner. The meeting quickly adjourned. Respectfully Submitted, (karlene Reed, Recording Secretary for the City of Kenai f _ _ ' t AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 18, 1991 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. Resolution No. 91-77 - Setting the Public Hearing Date on the Proposed Set Net Drive Special Assessment District. 2. Resolution No. 91-78 - Transferring $4,443 in the Bicentennial Visitors and Cultural Center Fund for Change Order No. 6 to the Construction Contract. 3. *1992 Liquor License Renewals - a. The Upper Deck - Tourism Beverage Dispensary b. The Duck Inn - Tourism Beverage Dispensary C. VIP Lounge/Uptown Motel - Tourism Beverage Dispensary. 4. *1992 Games of Chance and Contests of Skill Permit Application - Fraternal Order of Eagles #3525. 5. *1992 Games of Chance and Contests of Skill Permit Application - Kenai Elks Lodge #2425. D. COMMISSIONLCOMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission -1- 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of December 4, 1991. F. G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. Discussion - Kenai Congregate Housing Facility - Early Finish. 4. Discussion - Kenai Bicentennial Visitors & Cultural Center - Artistic Panels. 5. Approval - Change Order No. 6/Kenai Bicentennial Visitors & Cultural. Center - $4,443.00. 6. Approval - Change Order No. 2/Kenai Congregate Housing Project - Gaston & Associates I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT KENAI CITY COUNCIL REGULAR MEETING DECEMBER 18, 1991 VICE MAYOR RAYMOND MEASLES, PRESIDING ITEM A: CALL TO ORDER Vice Mayor Measles called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Vice Mayor Measles led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Smalley, Measles, Swarner, Monfor, McComsey, and Walker. Absent was Williams. A-5. AGENDA APPROVAL Vice Mayor Measles requested the following changes to the agenda: ADD: H-6, Change Order No. 2 - Kenai Congregate Housing Project - Gaston & Associates -- Additional Handout. Information Item #10 - 12/17/91 R. Underkofler letter regarding the 1992 Legislative Positions of the Kenai Peninsula Caucus. Vice Mayor Measles asked for any other changes or additions to the Agenda. There were none. THE AGENDA WAS APPROVED AS AMENDED. A-6. CONSENT AGENDA Vice Mayor Measles requested the following changes to the Consent Agenda: ADD: *Games of Chance and Contests of Skill Permit Application - Kenai Emblem Club #455. *1992 Liquor License Renewal - Eagle Chief, Inc., d/b/a Katmai Motel Restaurant & Lounge - Tourism Beverage Dispensary. Vice Mayor Measles asked for any other changes or additions to the Consent Agenda. There were none. THE CONSENT AGENDA WAS APPROVED AS AMENDED. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 18, 1991 PAGE 2 ITEM B: SCHEDULED PUBLIC COMMENT Vice Mayor Measles recognized the presence of Assembly Member Mark Hodgins and welcomed him to the meeting. Assemblymember Hodgins requested to speak to Council at this time. Hodgins stated that he came across a letter which concerned him. Hodgins felt it an irregular situation and wanted to bring it to the Council's attention. Hodgins stated that he took a copy of the letter to the City Clerk's office and requested it be distributed. Hodgins stated the letter had the return address as "Mayor John Williams, POB 459, Kenai, Alaska, 99611." The letter was dated December 2, 1991 and addressed to Thomas & Dorothy Wagoner. Hodgins read the letter into the record as the following: As the political season will soon be upon us, I felt it would be appropriate to have a reception/fund raiser for State Representative Mike Navarre. The reception would be exclusively for Thompson Park property owners to discuss legislative priorities for the 1992 legislative session, specifically the Thompson Park sewer line,. With this in mind, I have arranged to have the reception at the Eagles Club on December 9, 1991 at 7PM. Refreshments will be served. In closing I would appreciate your attendance and input at this important meeting of Thompson Park property owners. Sincerely, s/ Mayor John Williams City of Kenai Hodgins stated he is aware that the letter was not on official City of Kenai letterhead, however, some of the property owners did not know that. Hodgins stated that the letter has the appearance that the City of Kenai is asking for the reception for Mike Navarre for the sewer line to Thompson Park. Hodgins stated that he finds the letter irregular and bordering on something else. Hodgins hoped that the City of Kenai is not condoning the Letter and will take action so that people will know that the letter was not from the City of Kenai. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 18, 1991 PAGE 3 Hodgins requested to be on the next meeting's agenda to discuss the letter with Mayor Williams on a public forum. Hodgins stated that it will be hard to get funding for this project from the State now. Hodgins requested that a copy of the letter be distributed to the Councilmembers. Hodgins stated he understood other copies of the letter were brought to City Hall. Smalley stated that he spoke with Representative Gail Phillips regarding the issue. Smalley stated that he suggested to Rep. Phillips that if she felt the letter was improper, she should contact the correct officials. Smalley added that it would sadden him if the Representative would be negative with the project if it is a misunderstanding. Hodgins stated that he has announced his candidacy for representative and Navarre has not. Hodgins stated that he feels the letter is inappropriate whatever the situation. Hodgins stated that he will visit with Williams and then decide whether to be included on an agenda. ITEM C: PUBLIC HEARINGS C-1. Resolution No. 91-77 on the Proposed Set District. MOTION: - Setting the Public Hearing Date Net Drive Special Assessment Councilman Smalley MOVED for approval of Resolution No. 91-77 and Councilman Walker SECONDED the motion. There were no public or Council comments. Councilman McComsey requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-2. Resolution No. 91-78 - Transferring $4,443 in the Bicentennial Visitors and Cultural Center Fund for Change Order. No. 6 to the Construction Contract. MOTION: Councilwoman Monfor MOVED for approval of Resolution No. 91-78 and Councilman Smalley SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 18, 1991 PAGE 4 Public Comments: Raymond Freer - Mr. Freer stated he is a former Kenai resident and now resides in Nikiski. Freer stated he read the article in the paper on Friday and was curious as to what the extra costs are. Public Works Director Kornelis stated that the resolution is to appropriate the funds. The actual change order approval will come at Item H-5. Kornelis stated that the change order is for structural changes not in the drawings. The changes are not the contractor's fault. Measles stated that discussion of the change order will be heard later at Item H-5. VOTE: Measles: Yes McComsey: Yes Smalley: Yes Williams: Absent Walker: Yes Swarner: Yes Monfor: Yes MOTION PASSED UNANIMOUSLY. C-3. 1992 Liquor License Renewals - a. The Upper Deck - Tourism Beverage Dispensary b. The Duck Inn - Tourism Beverage Dispensary C. VIP Lounge/Uptown Motel - Tourism Beverage Dispensary. Approved by Consent Agenda. C-4. 1992 Games of Chance and Contests of Skill Permit Application - Fraternal Order of Eagles #3525. Approved by Consent Agenda. C-5. 1992 Games of Chance and Contests of Skill Permit Application Kenai Elks Lodge #2425. Approved by Consent Agenda. C-6. Games of Chance and Contests of Skill Permit Application - Kenai Emblem Club #455. Approved by Amended Consent Agenda. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 18, 1991 PAGE 5 C-7. 1992 Liquor License Renewal - Eagle Chief, Inc., d/b/a Katmai Motel Restaurant & Lounge - Tourism Beverage Dispensary. Approved by Amended Consent Agenda. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner reported that the building is progressing. Senior Center Director Porter stated the poinsettias were sent to Council by the Senior Connection from donations from the seniors. The City did not pay for the flowers. D-2. Airport Commission There was no meeting, thus no report. D-3. Harbor Commission Councilman Walker stated there was no meeting due to lack of quorum. The next meeting is scheduled for next month. D-4. Library Commission Councilwoman Monfor reported that the Library Open House was held on December 17. It was a great success. The Library report was included in the packet. The Commission sends season's greetings to all. D-5. Parks & Recreation Commission The meeting scheduled for December 10 was rescheduled and held on December 12. The minutes will be included in the next packet. D-6. Planning & Zoning Commission Councilman Smalley reported that a copy of the meeting's agenda was included in the packet. The Commission would like to set a public hearing for approval of the Comprehensive Plan. The Commission has approved it. The Commission reviewed the "Lien and Clean" ordinance from Juneau. The Commission felt that the City's ordinance is KENAI CITY COUNCIL MEETING MINUTES DECEMBER 18, 1991 PAGE 6 acceptable as it is and needs to be enforced. The Commission asked if there have been any challenges to Juneau's ordinance. Attorney Graves stated that when he originally spoke with the attorney at the City and Borough of Juneau, he was told there were a few problems. Graves will contact that attorney again and get an update on the ordinance. Monfor stated that she suggested use of the ordinance with respect to Old Town. Many of the property owners of that area are out-of-state and are not available to clean their property. Walker stated that the Comprehensive Plan be reviewed by Council prior to the public hearing date. The public hearing was set for January 15, 1992. Clerk Freas will have the Plan distributed to Council for their review as soon as possible. Smalley added that one home occupation permit was rejected by the Commission. Required information was not submitted with the application to allow a taxi business administered from an apartment building. The information still was not submitted after requested. One citizen was concerned with the television and radio interference. D-7. Miscellaneous Commissions and Committees No reports. ITEM E: MINUTES E-1. Regular Meeting of December 4, 1991. Approved by Consent Agenda. ITEM F: CORRESPONDENCE NonE? . ITEM G: OLD BUSINESS None. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 18, 1991 PAGE 7 ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman McComsey SECONDED the motion. There was no discussion. Councilwoman Monfor requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $1,000 MOTION: Councilman McComsey MOVED to pay the purchase orders exceeding $1,000 and Councilwoman Monfor SECONDED the motion. A small discussion followed regarding the replacement of a van motor and damage to another van. The replaced motor had 166,000 miles on it. The other van was damaged due to an accident with an employee driving. VOTE: Councilman McComsey requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-3. Discussion - Kenai Congregate Housing Facility - Early Finish. Vice Mayor Measles asked if Council had any questions or discussion. There was none. Vice Mayor Measles stated that the non -discussion is interpreted to mean that the work will progress as the original contract states. There was no objection. H-4. Discussion - Kenai Bicentennial Visitors & Cultural Center - Artistic Panels. Architect Kluge spoke to Council regarding the concept of sandblasting the panels and lookouts on the Bicentennial building with pictures of wildlife and historical art. Kluge explained the procedure. Kluge added that he researched and found that the native people of the area were not art oriented as the Southeastern cultures were. He was able to find a boat quiver design and he and the sign maker worked out some designs of a KENAI CITY COUNCIL MEETING MINUTES DECEMBER 18, 1991 PAGE 8 Beluga whale. Kluge believes it would add a personal touch with wildlife, etc. indigenous to the area sandblasted on the panels. A decision is required at this time. Cost of sandblasting the designs will be $3,606. The contract allowed for sandblasting the panels without the extra designs. This is an extra cost. MOTION: Councilman McComsey MOVED to do proceed with the sandblasting of the designs (with a better looking whale). Swarner asked how much money is left in the contingency fund. Finance Director Brown stated approximately $40,000. Councilwoman Monfor suggested Kluge contact Lydia Hayes at Cook Inlet Region as she has lots of historical art work for this region. Councilman Smalley SECONDED the motion. Councilman McComsey requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-5. Approval - Change Order No. 6/Kenai Bicentennial Visitors & Cultural Center - $4,443.00. MOTION: Councilwoman Monfor. MOVED for approval of Change Order No. 6 for the Kenai Bicentennial Visitors & Cultural Center in the amount of $4,443.00. Councilman Smalley SECONDED the motion. Kluge explained that he recommended three Design Clarification Requests (DCR's). Kluge reviewed the Change Order where the DCR's were listed and explained the work in detail. The DCR's were as follows" DCR #3 - Change in structural support for operable wall. DCR #4 -- Change in Structural truss supports where truss type 5 abuts truss type 2. DCR #7 -- Build two crickets by the continuation of the 8/12 truss type 2. plane on the opposite side of truss type 5. DCR #8 -- Furr out the wall above truss type 5 to allow for the proper installation of louver vent and add 1/2" draft stopping. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 18, 1991 PAGE 9 After Kluge detailed DCR #3, Walker asked if the work would be defined as an error and omission on the original drawing. Kluge stated that he thought it an oversight on the original drawing. There were no questions of Council in regard to the explanations of DCR #4, DCR #7 and DCR #8. McComsey questioned if the work will extend the contract by five days. Kluge stated that at this time the amount of time the work took has not been determined.. That will be decided at the end of the project. Swarner stated her concern that the work started in September and October and that the Council has -just now been informed. Kluge stated that he receives the DCR from the contractor. He tries to review and respond as soon as possible. Kluge stated that the contract stipulates the time line the work is required to be done and it is up to the Council as whether they want to enforce the contract. Kluge stated that he received the DCR on September 30. He reviewed it on the 31st. Kluge added that he was scheduled to leave town on the first and was gone for two weeks. Kluge stated that he did not want to bring it to Council when he was not available to discuss it with them. Measles noted that Kluge received the DCR on the 30th and answered it on the 12th. Kluge stated that G&S discussed it with the contractor in the field on the 12th and Kluge answered it on the 12th. The DCR was submitted later. Measles noted that the DCR was received by Council on 11/21/91. Kluge stated that to this date he has received 19 DCR's. Of those 19, all have been resolved with the exception of those before Council at this time. Walker stated that he had concerns with the dates. Walker added that it appears the contract forwarded the DCR's in a fairly timely manner. Walker stated that he did not think the contractor should be penalized for errors of other companies. He would like to retain the information and talk later in regard to retrieving the $4,443 from the appropriate places, i.e. the design engineer's oversight errors. Walker stated he would like to cqo after the money. VOTE: Measles: Yes Williams: Absent Monfor: Yes MOTION PASSED. McComsey: Yes Walker: Yes Smalley: Yes Swarner: No KENAI CITY COUNCIL MEETING MINUTES DECEMBER 18, 1991 PAGE 10 Vice Mayor Measles asked Mr. Freer if his questions were answered. Mr. Freer stated "yes, basically." Councilwoman Monfor commended Kluge in his presentation of the change orders. The models, etc. were very helpful in explaining the work to Council. H-6. Approval - Change Order No. 2/Kenai Congregate Housing Project - Gaston & Associates Vice Mayor Measles reminded Council of the hand-out substitute letter from Gaston & Associates distributed to Council the revised amount of $5,583.00 for Change Order #2. MOTION: Councilwoman Monfor MOVED for approval of Change Order No. 2 for the Kenai Congregate Housing Project to Gaston & Associates in the amount of $5,583. Councilwoman Swarner SECONDED the motion. Councilwoman Monfor noted that the substitute has decreased the cost of the work in half. This was work the Council requested to be done in earlier discussions. VOTE: Measles: Yes McComsey: Yes Smalley: Yes Williams: Absent Walker: Yes Swarner: Yes Monfor: Yes MOTION PASSED UNANIMOUSLY. Council discussed the letter distributed to Council prior to the meeting from Rich Underkofler, City Manager of the City of Soldotna. Mr. Underkofler was informed of the Council's actions in regard to the 1992 Kenai Peninsula Caucus Legislative Statement in a memorandum written by Clerk Freas and submitted to the Kenai Peninsula Caucus at their meeting of December 16, 1991. 'The memorandum informed the Caucus of actions of the Kenai Council at their meeting of December 4, 1991 at which time the Statement was before them for approval. The Council suggested an amendment be made to Item C, entitled Aviation. Council suggested the Soldotna Runway and Taxiway Resurfacing be moved from the number two position to number six. Mr. Underkofler's KENAI CITY COUNCIL MEETING MINUTES DECEMBER 18, 1991 PAGE 11 letter explained the ranking of this project due to their need to compete on a statewide basis for airport capital funding because they lost all. of their passenger enplanements to Kenai. Monfor stated that she believes the Council is entitled to their thoughts. Their action was a suggestion. It is their decision whether to accept the suggestion. Clerk Freas stated that no action was taken at the Caucus' meeting of December 16, 1991 as there was no quorum. Vice Mayor Measles stated that the City of Soldotna sees the Council's actions as a direct slam. Measles questioned why Kenai would want to move anything else on the list other than Kenai projects. Monfor stated that when they discussed the Statement, they went down the list on each page. They felt that the Caucus represents the entire Peninsula and its needs. Measles stated that he could understand if the Council had asked to move Soldotna to position No. 3 and Kenai to No. 2, but could not understand leaving Kenai in No. 3 and moving Soldotna to No. 6). McComsey stated that they felt that Soldotna does not know what they want to do with their property. Why improve their runway if they are not going to use it. Measles questioned how the Kenai Council would react if the Soldotna City Council would want to move Kenai to No. 7 and Anchor Point to No. 3. The City of Kenai should not be deciding what priorities are for others. Measles asked if Council wanted to reconsider their actions. There were no requests from Council. Measles stated that he wanted his thoughts known and thinks the Council made a big mistake and somewhere along the line it will cost the City of Kenai. ITEM I: ADMINISTRATION REPORTS I-1. Mayor No report. I-2. City Manager Administrative Assistant Howard informed Council that Ashley Reed will be present at the January 2, 1992 meeting. Also, there is a buyer for the bowling alley. They are working with the Small Business Administration on the procedure. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 18, 1991 PAGE 12 I-3. Attorney Attorney Graves reported that the Invitation to Bid for the Airport Restaurant is being advertised. The RFP for the vending machine will be going out next week. I-4. City Clerk Clerk Freas reported that a Telephone Poll was taken on December 9, 1.991 for Council approval to issue a purchase order to Jahrig Electric for the total amount of $3,655.00 for repairs needed on the electrical panel in Well House #2. The poll was authorized by City Manager Brighton, funds were available, and the vote was unanimous approval. I-5. Finance Director No report. I-6. Public Works Director Kornelis reported: 1. His traveling to Girdwood to meet with Senator Stevens, representatives from DEC and DNR regarding wetlands legislation. 2. Corrected information stated to Council at December 4, 1991 meeting. The time capsule for the Bicentennial Building, being donated by Bill Miller, is made of stainless steel instead of galvanized steel. 3. He will be meeting with McCool, Carlson & Green (architects) in regard to the Court House. 4. Has a video tape regarding the building of a skyscraper for review by Council. It is very interesting. 5. The time capsule for the Bicentennial building will be sealed on 12/24/91. If there are contributions, they need to be forwarded to the Bicentennial office. �r /Al 6. He has asked EPA for an amendment on the Compliance Agreement due to a delay of completing the scrubber and fiberglass building. The Compliance Agreement, as written, states the project will be completed by the end of the year. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 18, 1991 PAGE 13 7. An RFP for architectural engineering services in regard to the fire station extension is being advertised. The proposals will need to be submitted by January 8, 1992. I-7. Airport Manager Airport Manager Ernst referred to the enplanement report included in the packet. Also a synopsis of the towing survey distributed earlier. There were 14 surveys sent out and six were returned. One of the returned surveys was from the current contracted towing company. He and Attorney Graves will be working on a RFP if the Council wants to proceed. Ernst stated that with the current contract, there is no monetary gain for the City. McComsey stated that it could be cheaper for the people towed if done by RFP. Graves stated that the RFP could be out for bid by early to mid January. Measles stated there has been some discussion of having the airport parking go to bid as a concessionaire. Measles suggested a work session with the Airport Commission to discuss this. Walker stated that he thinks the parking situation is working very well. He would like to see the RFP's go out as discussed two months ago. He does not see a reason to delay. Airport Manager Ernst stated that the parking situation is serving the purpose -- keeping the lot clear. The only reasons for an RFP would be to get a lower charge for the public being towed and adding a charge to be paid to the City, either a percentage of the gross or a one-time fee. Measles suggested that if Council is considering putting the all the parking out to a concessionaire, the RFP should not be put out at this time. Measles stated he has no problem with either. Consensus of Council was to go to RFP. Graves suggested bring a couple options for RFP's to Council for review at the next meeting. Ernst stated that the survey asked if the charge would be higher if there would be a percentage of the charge paid to the City. Ernst stated that almost all said it would have to be negotiated and possibly will raise the price of the towing. Walker stated he believes it will best be left to competitive bid. Council could review several, options and factor out the best for the people being towed. Graves will prepare several scenarios for the next meeting. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 18, 1991 PAGE 14 ITEM J: DISCUSSION J-1. Citizens Parks & Recreation Director McGillivray reported that a proposal was received from Air Tek in regard to repair of some of the Christmas decorations. McGillivray stated that the transformers in the poles are too small to handle the amount of wattage needed to light the lights in the decorations. Cost for the work will be approximately $12,000. There is no money for these repairs in this year's budget. Councilwoman Monfor suggested the work be held until next year and discuss the work at budget time. McGillivray suggested that in the summer, without the snow and bad weather, the cost may be better also. Consensus of Council was to wait and discuss the costs during budgeting. J-2. Council Walker - Thanked the Senior Connection for the flower. Stated his concurrence with Mr. Hodgins and would like an explanation of Mayor Williams' letter discussed earlier. He received telephone calls from Gail Phillips and Jim Zawacki and they were both upset. He has not heard from Paul Fischer. Happy Holidays! Swarner - Thanked the Senior Connection for the flower. Merry Christmas! Monfor - Thanked the Senior Connection for the flower. Happy Holidays! McComsey - Thanked the Senior Connection for the flower. Smalley - Thanked the Senior Connection for the flower. He received nice telephone calls regarding the snow removal efforts. Kornelis stated that he wrote a letter to the State in regard to Councilman Walker's suggestion for a "right turn only" at the Forest Drive light. In that letter he asked that the sidewalks be plowed and suggested that Kenai be plower first and Soldotna second. Smalley received a request from residents that the snow in the ditches be moved so that they have an area to push their snow from their driveways. KENAI CITY COUNCIL MEETING MINUTES DECEMBER 18, 1991 PAGE 15 Measles - Thanked the Senior Connection for the flower. Merry Christmas! ITEM K: ADJOURNMENT The meeting was adjourned at approximately 8:40 p.m. Minutes transcribed and submitted by: �arol L. Freas, City Clerk (12/24/91) PAYMENTS OVER S',C'J'Q WHICH NEED COUNCIL APPROVAL OR RATIFICATION COUNCIL MEETING OF: JANUARY 2, 1992 tzttxY#x#txttxtt#rtxxYYtrtxrzzttttxxxttttzxt##xzxrYYYxxtttzttx#xx#xt#xxxxxxxtzxxx#..+.x.ex•t*+txx#zzxxxxt#xtt#x±tx.xYtr*.trtr+s->tx* ... .................. VENDOR . 4,irT1ON a 1T zr�uuNT PAP hu kY#t#txYYYxtxtttY##t#xxxYYtYttt#ttxYkYxtYYttYtttxxxtYxYtxttttxttt###txxtx*txxt##±x##faa##xxt�txttx#,nxxkkkYkt#�2-E.::._-xr-krtzzzzzxxYrxxttYttt#tt##t#txt FOR RATIFICATION: HOMER ELECTRIC ELECTRICITY USAGF ALASKA OIL SALES FUEL 'OMEN'S RESOURCE CENTER NOV. CHILD CARE FOR APPROVAL: GASTON & ASSOCIATES PAY EST, NO, 3 PAY EST. NO, 3 VARTnTIc-TL,TrEc SHOP OPERATING SUPPLIES i.u57,Gu WOMEN'S RESOURCE ACCOUNTS RECEIVABLE CP-SENIOR HOUSING CONSTRUCTION 241.647 40 CP—FAA ROAD CONSTRUCTTON 4 5^� PURCHASE ORDERS OVER 11,000 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF; JANUARY 2, 1992 ttteti e t T k tt t T t#tt#T ttrr r tere vetkkrT „#t It rTrtr IT IT V TTTT IT, rr Ttrvrtr T r rrrrrttt>rt IT t rTTr trt It ttt T r t t t let krk k ttt r t rtttt t I t t t . VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMCUaT x xxtfifix rtfittt#t#rrrt#rxttxtttt#ktt##ttttt##xt#titttxxxzttrttrxxtxzzrrtttxzttrtttttkkrrktattkkkkktYrkkkkktkkktkk#tttttkkkxrktkrr M & C JANITORIAL SERV. JANITORIAL SERVICES FOR BICENTENNIAL VISITORS' CENTER REPAIR & MAINTENANCE 3.506.CC pallnryr - S MONTHS .. NT ..., mr en.. AMPLIFIER r m TERMINAL ,ter MAINTENANCE u�TH�ErTRAL COMMUNICIATIONS REPLACE AMPLIFIER IN PA SYSTEM TERMINAL REPAIR & MAINTENANCE Suggested by: Administration City of Kenai ORDINANCE NO. 1471-92 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $173,622 IN THE NEW CAPITAL PROJECT FUND ENTITLED "SET NET DRIVE". WHEREAS, the Council has held a public hearing on the formation of an assessment district on Set. Net. Drive; and WHEREAS, the project will be financed by a combination of grants and seneral Fund money; and WHEREAS, the assessed portion of the project is to be repaid to the ;eneral Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as allows: General Fund Increase Estimated Revenues: Appropriation of Capital Improvement Reserve $ 97,744.79 Increase Appropriations: Non -Departmental - Transfers $ 97,744.79 Set Net Drive Capital Project Increase Estimated Revenues: Transfer from General Fund $ 97,744.79 1986 Road Grant 19,474.96 1988 Road Grant #2 56,402.25 $273,622.00 Increase Appropriations: Administration $ 2,000.00 Engineering and Inspection 29,000.00 Construction 142,622.00 $173,622.00 Ordinance 1471-92 Paige Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of January, 1992. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: January 2, 1992 Adopted: January 15, 1992 Effective: January 15, 1992 Approved by Finance: (12/23/91) k] Suggested by: Administratic.. City of Kenai ORDINANCE NO. 1472-92 AN ORDINANCE OF THE COUNCIL, OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $289,096 IN A NEW CAPITAL PROJECT FUND FOR AN ADDITION TO THE PUBLIC SAFETY BUILDING. WHEREAS, the City of Kenai has ordered a new aircraft rescue and f_!refightinc vehicle, financed primarily by the FAA; and WHEREAS, the addition of this vehicle requires an additional bay in the Fire Department side of the Public Safety Building; and WHEREAS, this project i-� properly financed by the Airport Land System because the additional space will be used to store airport equipment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Land System Increase Estimated Revenues: Appropriation of Fund Balance $289,096 Increase Appropriations: M & 0 -- Transfers $289,096 Capital Projects: Fire Department - Bay Addition Increase Estimated Revenues: Transfer from Airport Land System $289,096 Increase Appropriations: Administration $ 2,000 Des igr;'Inspection 31,163 Construction 255,933 289 096 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of January, 1992. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: January 2, 1992 Adopted: January 15, 1992 Effective: January 15, 1992 Approved by Finance: (12/23/91) k] CONCEPTUAL, COST ESTIMATE CITY OF KENAI FIRE DEPARTMENT BAY ADDITION OCTOBER 13, 1991 BUILDING CONSTRUCTION Approx. 1450 s. f. @ $125/s. f. SITE WORK Construct new ramp area 1600 s. f. @ $5/s. f. Reconstruct existing ramp area 2000 s. f. @ $3/s. f. Curb & Gutter 100 l.f. @ $25)1f. Demolition & miscellaneous TOTAL CONSTRUCTION A/E Design & Inspection - 15 % Administration Subtotal Contingency - 20% TOTAL PROJECT $181,250.00 . ITI'1 11� 2,500.00 10,000.00 $207,750.00 31,163.00 2,000.00 240,913.00 11 . tot 11 0 Suggested by: Administration City of' Kenai ORDINANCE NO. 1473-92 AN ORDINANCE OF THE COUNC11j OF THE CITY OF KENAI, ALASKA AMENDING ESTIMATED REVENUES AND APPROPRIATIONS IN THE COURT FACILITY CAPITAL PROJECT FUND.. WHEREAS, the City is expecting to construct a new court facility to be used by the Alaska Court System; and WHEREAS, the Alaska Court System has offered the City of Kenai a grant to begin design and legal work for the new court house; and WHEREAS, the City of Kenai_ had appropriated $155,000 from its General Fund by Ordinance No. 1.172-91 that may now be returned to the General Fund. 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 <Decrease> Estimated Revenues: Appropriation of Fund Balance $<155,000> Increase <Decrease> Appropriations: Non -Departmental - Transfers $<155,000> Court Facility Capital Project Increase <Decrease> Estimated Revenues: Transfer from General Fund $<155,000> State Grant 500,000 $ 345,000 Increase Appropriations: Administration $ 10,000 Engineering 82,000 Bond Counsel Fees 30,000 Inspection 175,000 Contingency 48,000 $ 345,000 Ordinance No. 1473-92 Page Two PASSED BY THE COUNCIL of THE CITY OF KENAI, ALASKA, this 15th day of January, 1992. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City C.ierk Introduced: January 2, 1992 Adopted: ,January 15, 1992 Effective: January 15, 1992 Approved by Finance: C (12/26/91) k1 R.:3raves y At!xney CITY OF KENAI �1C Fi, aigo n en ai. ;,Ias. ka 99E11 283-3 44 f Ax 28::Y14 r1-6 MUTUAL RELEASE 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 day of 1991, 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. 3. Grace Drilling shall be responsible for the 1991 and 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: Cary R. Graves CITY OF KENAI FI fa yo 14 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. 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. I IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. LESSOR: CITY OF KENAI By William J. Brighton City Manager ATTEST: Carol L. Freas, City Clerk LESSEE: GRACE DRILLING COMPANY Page 2 of 3 - MUTUAL RELEASE By Leonard C. Dunham Operations Manager Lessor: Lessee: R. Graves Al orney CITY OF KENAI a10 F�1& qo N.e r ai, Ala'ika 99'11 STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) ON THIS DAY personally appeared before me LEONARD C. DUNHAM, Operations Manager for Grace Drilling Company, to me known to be the individual described in and who executed the foregoing Mutual Rescission and 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 day of , 199 NOTARY PUBLIC for State of Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 199 , WILLIAM J. BRIGHTON, 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 Rescission and Release on behalf of the City of Kenai, for the uses and purposes therein mentioned. Page 3 of 3 - MUTUAL RELEASE NOTARY PUBLIC for State of Alaska My Commission Expires: Lessor: _ Lessee: 2t13 44 '1 FAX 263-"014 ASSIGNMENT OF LEASE This assignment, entered into between the U.S. SMALL BUSINESS ADMINISTRATION, 222 W. 8th Avenue, Box 67, Anchorage, AK 99513-7559, hereinafter referred to as the Assignor; and ALASKALANES, INC., and Mike Trujillo and Ken Liedes individually, hereinafter referred to as the Assignee. Assignor does hereby assign and transfer all of his interest in the leasehold estate as evidenced by that certain Lease Agreement with the CITY OF KENAI as Lessor, recorded on October 26, 1983, Book 221, at Page 824, Kenai Recording District, and covering the following -described property: Lot 3A, Spur Subdivision No. 1, 1983 Addition, according to Plat No. 83-211 To have and to hold the same from the date hereof, for and during all of the remainder yet to come of the term of said Lease Agreement. Assignee agrees to comply fully with all the terms and provisions of the Lease, and to hold the Assignor harmless from any liability arising thereunder. IN WITNESS WHEREOF, the said Assignor has hereunto set his hand and seal this day of , 19_ INDIVIDUALLY: By: Mike Trujillo By: Ken Liedes ASSIGNMENT OF LEASE - 1 ASSIGNOR: U.S. SMALL BUSINESS ADMINISTRATION By: Edwin G. Sleater, Chief Portfolio, Management Division ASSIGNEES: ALASKALANES, INC. I3z Title C ATTEST (For Corporation): Name Title STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 19_, EDWIN G. SLEATER, Chief, U.S. SMALL BUSINESS ADMINISTRATION, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Administration. Notary Public for Alaska My Commission Expires: STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1988, — Title, of being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1988, , being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires: ASSIGNMENT OF LEASE - 2 STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1988, , being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires: ASSIGNMENT OF LEASE - 3 C.O. sent to C.O. approved by on on Page CHANGE ORDER NO.: 7 Project: Kenai Bicentennial Visitors Initiation Date: 12/18/91 and Cultural Center __ Contractor: G & S Construction__ City of Kenai You are hereby requested to comply with the following changes from the contract plans and specifications:. Item Description of changes - quantities, units, Increase or No. unit prices, change in completion schedule (Decrease) 1. Art work for sand blasted panels on building 3,606.97 Sherman Signs $15/s.f. x 205 s.f. = 3075.00 15% Overhead & Profit = 461.25 Subtotal 3536.25 2 % Bonding = 70 . .- Z 3606.97 _1 c-,Q FOR COUNW1. MEETING OF 9/ �. -V70 City Mir. ---(] Atterrey CWk FeA /iNMisk� s 0 cityO/NNs1 u:-- Submitted By�- Cwmlf OK ONO Dyes Ck-- E.j Net change in contract price due to this C.O. 3,606.97 CHANGE IN CONTRACT TIME Original time 217 Previous C.O.'s 5 This C.O. 0 Revised Contract time 222 CHANGE IN CONTRACT AMOUNT Original Contract Amount 1,362,000.00 Previous C.O.'s 8,891.70 This C.O. 3,606.97 Revised Contract Amount 1,374,498.67 �- (Attached) (Abowa) is full justification of each item on this C.O. including its effect on operation and maintenance costs. This C.O. is not valid until signed by both the Owner and Engineer. Kenai City Council has to approve all C.O.s. Contractor's signature indicates his agreement herewith, including any adjustment in the Contract sun or Contract time. [By By By Engineer Contractor Owner ^Date _ Date Date C— _ — CITY OF KENA % %,!�d eap?�l 4 44 1, BICF.NTF,NNIAL i 4e"Ma& t-L'c1 r'W4a YOU 1e MEMORANDUM DATE: December 27, 1991 TO: Bill Brighton, City Manager FROM: Jack La Shot, City Engineer RE: KENAI COURTHOUSE 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 We have received a revised A\E services proposal for the referenced project from McCool Carlson Green. This proposal reflects the discussion we had with Michael Carlson on December 20th. Design costs have been reduced, as explained in the attached proposal. The reduction may not be as much as we had hoped, and still must be approved by the Alaska Court System. We were unable to discuss, or get their approval, prior to packet time. Due to the holidays, it may be a few days before this can be done. The Administration recommends that Council award only the first two phases of work, subject to Alaska Court System approval, at this time because the City has available only $153,000, all of which is our own money. The other phases of work can be awarded after we receive the state grant. The amount of Schematic Design and Design Development is $136,597.00. (-'AIUS(.)N CiREI X Alo iii! It i ('m! • I,v It ItI�,I, I )I >Iw,, . 'il'rAi,L I'i ;_, December 26, 1991 Mr. John Williams, Mayor City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Re: Kenai Courthouse Dear Mr. Williams, As a result of our meeting on December 20, 19911 have revised our fee and scope proposal to reflect your committees comments. The following items are clarifications and modifications to the scope outlined in my original proposal of October 1, 1991: 1. No RFI shielding study or design is included. There was none at Palmer. 2. No card key access system is included. 'there was none at Palmer. 3. No rendering or model is included. There was none at Palmer. 4. The printing of bid sets are not included in our contract. 5. We will shoot for a completion date for bid documents of April 15, 1992 based on a notice to proceed issued by January 6, 1992. We understand that the deadline can be extended to April 30, 1992 if additional time becomes necessary. 6. We will bill our services on a time and expenses basis for Architectural, Civil, Mechanical, Electrical, and Structural. All others will be lump sum. 7. The City of Kenai will perform a maintenance and operations review of the Palmer construction documents during the schematic phase. No significant changes to the design, materials, equipment or systems will be required by the City of Kenai or the Alaska Court System after the schematic design phase. 8. The estimated 20 trips to the site during construction by Anchorage based consultants has been added to the Construction Administration phase budget. 9. Participation in Art Selection committees is not included. Our revised fee includes reductions for the design phases of Architectural, Structural, Alechatvcal, Electrical, Landscaping, and Civil services. A detailed breakdown of our fee is attached. In summary they are: lh�ut,l, . t; I:rrrn I Q07' 6 i-h4 i4 Mr. John Williams, Mayor City of Kenai Kenai Courthouse December 26, 1991 Page two Design Schematic Design $51,794 Design Development $84,803 Construction Documents $98,252 Total $234,894 Construction Bidding $11,736 Construction $16209526 Total $174,688 'Includes 20 site visits from Anchorage not in original fee estimate. Comparison to Palmer Courthouse Fees During our meeting you expressed concern about the level of our fees in relation to our fees on the Palmer Courthouse Design. I have attached a copy of our fee hrcak down from our 1985 contract with the City of Palmer. If you isolate the architectural, structural, mechanical, and electrical design services our design fees were $203,039 at Palmer verses $165,740 in our proposal for Kenai. You should keep the following in mind when comparing Palmer with our Kenai Courthouse proposal. 1. Our design fee for Kenai is 18111c, less than our design fee for the Palmer Design despite 6 years of inflation. If you adjust for inflation our fee is :33°lc less that Palmer. 2. There has been 6 years of inflation since that proposal. 3. The bids for the Palmer job were $3.7 million verses an estimated $4.5 million at Kenai. 4. Survey, geotechnical, landscaping, utilities, peer review and on site construction representation were not included in our services to the City of Palmer but are included, at your request, in our proposal to the City of Kenai. 5. Travel takes more time and is more expensive to Kenai than Palmer. r ig Mr. John Williams, Mayor City of Kenai Kenai Courthouse December 26, 1991 Page three 'Tire analysis of our design fees on the Palmer Courthouse compared to the Kenai Courthouse clearly shows that the City of Kenai and the Alaska Court System are receiving a considerable savings in design fees by reuse of the Palmer design. Comparison of the Kenai Courthouse with Kenai Borough Schools Your Public Works Director, Keith Kornelis, indicated that he had contacted the Kenai Borough regarding their fee experience with the reuse of a prototype school delign. Your information was that the architect, Harold Wirum, said that a design fee of 5% of construction costs was reasonable on the school projects he slid. We generally agree that a design fee of around 5% is reasonable for the Kenai Courthouse, however we do not feel that the information you received should he construed as fixing an upper limit for design fees. Our proposed design fee is currently 5.2lo of the S4.5 million estimated construction costs which we believe is reasonable within this context. Some aspects of the Kenai Courthouse are not be similar to the Borough Schools and would tend to increase design costs, They are: 1. We do not have actual mylar drawings for the 4 courtroom design. Those mylars were modified to create the 3 courtroom bid documents. The only record we have of the 4 courtroom design is a set of prints. 2. 5 years has elapsed since the Palmer courthouse was designed. Significant cede changes, material changes and equipment changes have occurred over this time period that must he reflected in the Kenai design. 3. Our method of producing bid documents has changed dramatically over the past 5 years. Palmer was entirely hand drafted. Currently all our work is done oil computers. The design information must be transferred from the paper prints to the computer to be usable. This takes a significant amount of time. 4. Their contracts probably did not include the third party peer review provided in our proposal. 5. It appears that to rieet the needs of the users and fit the site the building area will be increased by approximately 5% and the plan orientation must be flipped requiring reversal of floor plans, elevations, sections, etc. G. The time and expenses approach to our design contract nicans that if we can produce the job in less time than estimated you will in fact pay less for the project design. Mr. John Williams, Mayor City of Kenai Kenai Courthouse December 26, 1991 Pagefour I hope our fee reductions and the above discussion helps you and the Alaska Court System understand that you are receiving significant savings in design fees. Our overall ggoal on this as well as other projects i design a highly functional.s 1 ned facan a reasonable rofi . Because of the fixed limit contract you have requested w�standdl on i e risk if we underestimate im essar}� tc� roduce the, it out signs scant c ranges to scope we relieve our fees are I s 0NV ass ou y be expected. It was good seeing you agpin last Friday. I continue to be impressed by the aggressive development approach the City of Kenai is taking. We look forward to our continuing relationship with you on the Kenai Courthouse Project. Sincerely, McCool Carlson Green dichae(l P. Carlson, Architect, AIA, CCS MPC/jmw x_E.rtA1 COURTHOUSE PROJECT FEE SUMMARY ARCHITECTURAL Schematic Design Develop Const Docs Bidding Const Admin TOTALS Managing Architect ~ $380 $2,470 $5,510 $0 $0 Senior Architect $7,480 $6,630 $3,060 $1,190 $3,570 Staff Architect $5,400 $10,125 $13.500 $3,000 $27,600 Orafter $3,690 $4,905 $8,550 $0 $1,800 Clerical $760 $1,680 $1,280 $720 $2,800 ARCHITECT TOTALS $17,710 $25,810 $31,900 $4,910 $35,770 $t 16,100 SUBCONSULTANTS Schematic Design Develop Const Doc& Bidding Const Admin TOTALS Survey Swan $2,040 $0 $0 $0 $0 $2,040 Geotechnical Nelson $5,200 $0 $0 $0 $0 $5,200 ,^jvi► Nelson $0 $9,860 $10,540 $1,360 $15,300 $37,060 Structural CE1 $4,000 $11,600 $14,000 $1,600 $4,800 $36,000 k1echanical/Elecrical AMC $7,000 $25,000 $28,720 $2,600 $18,400 $S1,720 Landscaping LDN $4,995 S3,000 $4,000 $435 $2,570 $15,000 Cost Estimating CGI S3,910 S2,360 $1,150 $0 $0 $7,420 Architectural Kluge $3,200 $1,400 $1,400 $0 $57,750 563,750 TOTALS $30,345 $53,220 $59,810 $5,995 $98,820 $248,190 MARK-UP: 10% $3,035 $5,322 $5,981 $600 $9,882 $24,819 SUBCONSULT TOTALS $33,380 $58,542 $65,791 $6,595 $108,702 $273,009 EXPENSES Schematic Design Dcvclop Con&t Doc& Bidding Cunst Admin TOTALS Long Dist Phone $50 $50 $50 $100 $1,000 Repto/Photo $100 $200 $300 $0 $400 Rendering $0 $0 $0 $0 $0 Model $0 $0 $0 $0 $0 Postage/Courier $50 $50 $50 $0 $400 Tra%el/Perdiem ($110 per trip) $440 $110 $110 silo 1 $15,000 Ocher $0 $0 $0 $0 $0 TO'I AL .MARK-UP: 10% EXPENSES TG'rALS PHASE TOTALS $640 $410 $510 $64 $41 $51 $704 $451 $561 $210 $16,800 513,570 $21 $1,680 $1,857 $231 $18,480 $20,427 $51,794 $84,803 $98,252 $11,736 $162,952 PROJECT TOTAL g;09,536 + 3n:;udes fee And expenses for 20 site vieits from Anchorage charged at S750 per trip whirl, were not included iu our prev,oub pry uanl. ,tcG,�ol Carlson Green Projeot Fee Estimoto 2'i-Dec -91 �t hii E (,nt1CiNili;,' _ •c r¢i(1o(1. ;,�ii.: UCH I l�kllE l ih 1+EI`14 iYEl1F AP1 6E.Hz- T 'i lit Hi it: 0}.$;C.A i1,tI�,1Eil�ai�+l� hlElirr KIN)FLf STRlICI CIVIL Cos! MAFt11F AK q h4h Af,M 142 MAR111 N-TAL ------ /--------------------- r-----: i------- t2� t!.�56✓ $hjfls $,40 $2.No 11 ,14' 1 14TI 1 : itt>il , 3.i .9t1A i 1;; ,2a.;Sr' t1�,1;:C1 ;�,c•t0 S?.ltiU $a aSr� ! 1(,0.252 ii,'+Ofi'� jS1�G T SU,yI>• 14 ilk. / 14,000 ........_._____.___-____________________ _ _.. -._. ..._.. ... .________+--_____-__- 1E ,t LC.�iu� 110,i40 i'1,3`14 ! I302A3 1.;;' '0 1 1 1 MCC 122,1300 ;11,24 1sG.Ya� 1 ;_ :,2i q s � ?7f a';,0 cp 11031 0 3 `t Tit-^ 1791-1991 CITY OF KENAr'J` _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907-283-3014 MEMORANDUM TO: William J. Brighton, City Manager Kenai City Council FROM: Charles A. Brown, Finance Director C c; Q Cary Graves, City Attorney DATE: December 26, 1991 SUBJECT: Bond Counse.. The City received two proposals for bond counsel services related to the new Kenai courthouse. The firms are Wohlforth, Argetsinger, Johnson and Brecht (Wollforth) and Davis, Wright, Tremaine (Davis). Services to be provided include (1) preparation or review of a capital lease that supports the bond debt service, (2) preparation or review of an operating and maintenance agreement with the State, and (3) issuance of a bond opinion. The first point that should be made is that both firms are competent and fully capable of providing these services to the City. The selection involves some rather subtle preferences. Wohlforth has proposed to provide Lease and maintenance and operation agreement work (items 1 and 2 above) at hourly rates not to exceed $10,000, to providE> the bond opinion for a fixed fee of $15,000, and to limit expenses to $5,000. The total not -to -exceed cost would be $30,000. Davis has proposed to provide all these services for a fixed fee of $30,000, plus expenses. Representatives of both firms have come to Kenai and met with City personnel to discuss this project. We believe that the best choice for the City is the appointment of Wohlforth, for the following reasons: William J. Brighton Kenai City :`ouncil December 26, 1.991 Page Two L) Wohlforth's proposal. is less expensive. Their $30,000 figure includes expenses, while Davis' does not. Also, the Court System is prepared to do much of the work in drafting the lease and maintenance and operation agreement. Since Wohlforth will bill this w()r.k on an hourly basis, rather than a fixed fee, this should further reduce the cost. ?) Wohl.forth has worked for the City on two prior bond sales, and we have been pleased with their work. 3) Wohlforth was bond counsel for the Palmer_ Court House, a similar project. with similar financing. The City expects to receive a grant from the Court System to pay bond counsel fees. It is also possible that their fee might be paid from bond proceeds. Wohlforth understands that if this project is stopped ,or some reason, beforf7m receipt of a grant or sale of bonds, they will not be paid. Please pass a motion to retain Wohlforth, Argetsinger, Johnson and Brecht as bond counsel for the new courthouse project, with payment to be made from grant or bond proceeds. MEMORANDUM TO: KENAI CITY COUNCIL FROM CARY R. GRAVES, CITY ATTORNEY RE: AIRPORT TOWING CONCESSION DATE: DECEMBER 26, 1991 Attached are two draft bid packages for the airport towing concession. The difference between the two proposals is that one adds a $5.00 city towing fee to the towing charge and the other does not. The administration does not have a position on whether the council should add a city fee to the towing charge. However, the administration does feel that if the council wishes to add a charge, it should be a set fee rather than a percentage. The rational for that feeling is that a set fee would be easier to administer than a percentage amount. The $5.00 fee was a number chosen by Charlie Brown, Randy Ernst, and myself. It is not etched in stone by any means. The current towing agreement does not set forth a towing fee schedule. The new towing agreement will limit the amount the concessionaire may charge for towing cars from airport parking. The desired effect of the new towing agreement is to reduce the towing fees charged to the public. A secondary effect, if the council so chooses, would be to provide revenue for the airport by adding a city towing fee to the towing charges. Once the council decides on the bid option to be used, the administration will put the concession out to bid as soon as practical. The current towing agreement with Jackson Sales and Service has an at -will termination clause. The at -will termination was put in the agreement in case it was decided to put the concession out to bid. Once the winning bidder is selected, the city will enter into the new towing agreement with whomever is the winner. If you have questions regarding the bid packages, please feel free to stop by my office or give me a call. INVITATION FOR BIDS KENAI MUNICIPAL AIRPORT TERMINAL AIRPORT TOWING CONCESSION Applications for the right to operate and maintain the Airport Towing Concession for a period of five (5) years at the Kenai Municipal Airport Terminal will be received at the City offices, 210 Fidalgo Avenue, Kenai, Alaska. All bids must be received no later than 2:00 p.m., prevailing local time, on , 1992, at which time and place they will be publicly opened and read. Bids may also be mailed to the City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska 99611, but must be received in the office of the City Manager, no later than 2:00 p.m., prevailing local time, on 1992, to be considered. Bidders must have a minimum of six (6) months towing experience. All interested parties, including Disadvantaged Business Enterprises, are encouraged to submit bid proposals. No person shall be excluded on the grounds of rave, color, religion, sex, or national origin. Bidders will be required to comply with the provisions of 49 CFR 23 encouraging Disadvantaged Business Enterprise (DBE) as required in contracts assisted by the United States Department of Transportation. A pre -bid conference for all potential bidders will be held at City Hall, 210 Fidalgo Avenue., Kenai, Alaska on 1992, beginning at 9:00 a.m., prevailing local time. The conference will be conducted by the City of Kenai Airport Manager and will include a general information briefing, a question and answer session and an inspection tour of the terminal and parking lot ( if requested) . The bid documents manifesting the terms and conditions of this concession offering may be examined and/or obtained from the City of Kenai Airport Manager, 210 Fidalgo Avenue, Kenai, Alaska, 99611 (Telephone: 907-283-7951). ALL BID PROPOSALS MUST BE MADE ON FORMS FURNISHED BY THE CITY. The right is hereby reserved to reject any and all bid proposals and to waive any defects when, in the opinion of the Kenai City Manager, or his official designee, such rejection or waiver will be in the best interest of the City. In addition, the City hereby reserves the right to re -advertise for bid proposals or to reschedule the bid opening if such action is desired by the City. DATE: Wm. J. Brighton, City Manager City of Kenai VEHICLE TOWING AGREEMENT THIS AGREEMENT is entered into on the day of , 199__ The parties to this Agreement are (Concessionaire) and the City of Kenai. The Parties agree as follows: 1. The City of Kenai hereby authorizes the Concessionaire to tow those vehicles parked in the Kenai Municipal Airport short term parking area which are in violation of the Kenai Municipal Airport Regulations. 2. The term of this Agreement shall be from 1992 until , 1997. i. The Concessionaire agrees to comply with all applicable federal, state and local statutes, laws, ordinances or regulations. 4. The Concessionaire agrees to indemnify and hold harmless the City of Kenai, its officers, agents, and employees from liability of any nature or kind, including costs and expenses for or on account of any and all legal claims of any character whatsoever resulting from death or injury to any person(s) or damage to property to the extent caused by any error, omission, negligent or wrongful act of or caused by the Concessionaire, its employees or agents. 1 - VEHICLE TOWING AGREEMENT 0 5. The Concessionaire, during the term of this Agreement, will maintain insurance in the following amounts from a financially sound and commercially acceptable insurer: Primary Garage Keepers' Legal Liability $200,000.00 General Liability (Naming the City as an additional insured with a thirty -day Notice of Cancellation to be sent to the City.) $500,000.00 On -Hook coverage with $1,000 maximum deductible per vehicle and $5,000 maximum deductible per claim. $ 50,000.00 Workman's Compensation Statutory Limits 6. The Concessionaire will be responsible for any and all damages, costs, and fees incurred, if it is determined that the towed vehicle was not in violation of Airport Regulations. 7. The Concessionaire shall charge the following fees for towing and storage of vehicles from the Airport. PER VEHICLE ($ ) CALL -OUT FEE (night)(Print Amount) IMPOUND HANDLING _ ($ ) (Print Amount) STORAGE (PER DAY) ($ ) (Print Amount) CITY TOWING FEE FIVE DOLLARS AND XX/100 $5.00) Any specialized equipment fee or mileage charge should be included in the per vehicle call -out fee. The Concessionarie shall charge a $5.00 City towing fee in addition to its fees. 2 - VEHICLE TOWING AGREEMENT The $5.00 towing fee shall be paid to the City by the 15th of the following month. City and Borough Sales Tax shall be charged to all. amounts accruing pursuant to this agreement. Failure of the Concessionaire to remit any towing fees due the City by the 15th of the following month shall cause the accrual of penalties and interest as required in KMC 1.75. DATED this day of CITY OF KENAI , 199_ Wm. J. Brighton, City Manager ATTEST: Carol L. Freas, City Clerk CONCESSIONAIRE Owner Phone: By: (Individually) STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 199 , WM. J. BRIGHTON, City Manager, City of Kenai, individually as well as in his representative capacity, being personally known to me, appeared before me and acknowledged the voluntary and authorized execution of the foregoing Agreement on behalf of the City of Kenai, for the uses and purposes therein mentioned. NOTARY PUBLIC for State of Alaska My Commission Expires: 3 - VEHICLE TOWING AGREEMENT D 21A �' 17 BID PROPOSAL CITY OF KENAI KENAI MUNICIPAL AIRPORT TERMINAL AIRPORT TOWING CONCESSION Date: TO: City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 The undersigned (person, partnership, joint venture, corporation), hereinafter called the Bidder, hereby offers to enter into a Vehicle Towing Agreement covering certain rights and privileges within the City of Kenai, Airport. In connection with this offer and in addition to all terms of the proposed Vehicle Towing Agreement, the Bidder offers to charge the following rates for the towing, impound and storage services listed below: PER VEHICLE ($ ) CALL -OUT FEE (Night)(Print Amount) IMPOUND HANDLING ($ _) (Print Amount) STORAGE (PER DAY) _ _ ($ _) (Print Amount) CITY TOWING FEE** FIVE DOLLARS AND XX/100 TOTAL Print Amount) ($5.00) ($ ) *Any specialized equipment fee or mileage charge should be included in the Call -Out Fee. **The winning bidder shall add a $5.00 City towing fee to its towing charge. The $5.00 charge shall be paid to the City at the end of each month during the term of the towing concession agreement. The Bidder must list below any previous towing experience. BP - 1 This offer is made subject to the terms and conditions of the Invitation for Bids dated , 199 and the Instructions to Bidders and Vehicle Towing Agreement issued by the City as part of the offering for the subject property. Attached hereto and made a part of this offer are the following: 1. A bid deposit in the amount of One hundred dollars ($100.00) in the following form: Cash, certified or cashier's check on a solvent financial institution doing business within the State of Alaska, payable to the City of Kenai. The Bidder hereby acknowledges the City's right to cash such check immediately following bid opening and to hold the proceeds thereof until the award process is completed. 2. Within fourteen (14) calendar days after mailing of notice and acceptance of offer by the City of Kenai, the Bidder will execute and deliver the Vehicle Towing Agreement and any required bonds and insurance certificates to: City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska 99611. It is understood and agreed by the Bidder that failure to execute and return the Vehicle Towing Agreement, together with all required items, in the time specified, shall constitute a breach of this offer on the part of the Bidder; and that upon such breach the deposit hereinabove referred to shall be forfeited 'to the City of Kenai. Time is of the essence in the execution and performance of the obligations under this Vehicle Towing Agreement. This offer may be accepted or rejected by the City of Kenai by written notice to the Bidder at the address stated below. (Corporate Seal) Print Name of Bidding Corporation, Company, or Person Signature By Title Address CORPORATE ACKNOWLEDGMENT: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of _ , 199 , before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared _ , known to me to be the (title) of (corporation), and acknowledged the authorized execution of the foregoing instrument for and on behalf of said corporation, and that the corporate seal affixed to said instrument is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written. Notary Public in and for Alaska. My Commission Expires: INDIVIDUAL ACKNOWLEDGEMENT: STATE OF ALASKA ) ) ss . THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 199 _, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared , known to me to be the person(s) named herein and who executed the foregoing instrument, and (he, she, they) acknowledged to me that (he, she, they) signed the same as (his, her, their) free and voluntary act and deed with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written. Notary Public in and for Alaska. My Commission Expires: BP - 3 BID PROPOSAL CITY OF KENAI KENAI MUNICIPAL AIRPORT TERMINAL AIRPORT TOWING CONCESSION Date: TO: City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 The undersigned (person, partnership, joint venture, corporation), hereinafter called the Bidder, hereby offers to enter into a Vehicle Towing Agreement covering certain rights and privileges within the City of Kenai, Airport. In connection with this offer and in addition to all terms of the proposed Vehicle Towing Agreement, the Bidder offers to charge the following rates for the towing, impound and storage services listed below: PER VEHICLE: ($ ) CALL -OUT FEE (Night)(Print Amount) IMPOUND HANDLING (Print Amount) STORAGE (PER DAY) (Print Amount) TOTAL ($ ) (Print Amount) *Any specialized equipment fee or mileage charge should be included in the Call -Out Fee. The Bidder must list below any previous towing experience. This offer is made subject to the terms and conditions of the Invitation for Bids dated , 199 and the Instructions to Bidders and Vehicle Towing Agreement issued by the City as part of the offering for the subject property. Attached hereto and made a part of this offer are the following: 1. A bid deposit in the amount of One hundred dollars ($100.00) in the following form: Cash, certified or cashier's check on a solvent financial institution doing business within the State of Alaska, payable to the City of Kenai. The Bidder hereby acknowledges the City's right to cash such check immediately following bid opening and to hold the proceeds thereof until the award process is completed. 2. Within fourteen (14) calendar days after mailing of notice and acceptance of offer by the City of Kenai, the Bidder will execute and deliver the Vehicle Towing Agreement and any required bonds and insurance certificates to: City Manager, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska 99611. It is understood and agreed by the Bidder that failure to execute and return the Vehicle Towing Agreement, together with all required items, in the time specified, shall constitute a breach of this offer on the part of the Bidder; and that upon such breach the deposit hereinabove referred to shall be forfeited to the City of Kenai. Time is of the essence in the execution and performance of the obligations under this Vehicle Towing Agreement. This offer may be accepted or rejected by the City of Kenai by written notice to the Bidder at the address stated below. (Corporate Seal) Print Name of Bidding Corporation, Company, or Person Signature By Title Address CORPORATE ACKNOWLEDGMENT: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 199, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared , known to me to be the (title) of (corporation), and acknowledged the authorized execution of the foregoing instrument for and on behalf of said corporation, and that the corporate seal affixed to said instrument is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written. Notary Public in and for Alaska. My Commission Expires: INDIVIDUAL ACKNOWLEDGEMENT: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 199, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared , known to me to be the person(s) named herein and who executed the foregoing instrument, and (he, she, they) acknowledged to me that (he, she, they) signed the same as (his, her, their) free and voluntary act and deed with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. the day and year above written. Notary Public in and for Alaska. My Commission Expires: VEHICLE TOWING AGREEMENT THIS AGREEMENT is entered into on the day of , 199� The parties to this Agreement are (Concessionaire) and the City of Kenai. The Parties agree as follows: 1. The City of Kenai hereby authorizes the Concessionaire to tow those vehicles parked in the Kenai Municipal Airport short term parking area which are in violation of the Kenai Municipal Airport Regulations. 2. The term of this Agreement shall be from , 1992 until , 1997. 3. The Concessionaire agrees to comply with all applicable federal, state and local statutes, laws, ordinances or regulations. 4. The Concessionaire agrees to indemnify and hold harmless the City of Kenai, its officers, agents, and employees from liability of any nature or kind, including costs and expenses for or on account. of any and all legal claims of any character whatsoever resulting from death or injury to any person(s) or damage to property to the extent caused by any error, omission, negligent or wrongful act of or caused by the Concessionaire, its employees or agents. 5. The Concessionaire, during the term of this Agreement, will maintain insurance in the following amounts from a financially sound and commercially acceptable insurer: Primary Garage Keepers' Legal Liability $200,000.00 General Liability (Naming the City as an additional insured with a thirty -day Notice of Cancellation to be sent to the City.) $500,000.00 On -Hook coverage with $1,000 maximum deductible per vehicle and $5,000 maximum deductible per claim. $ 50,000.00 Workman's Compensation Statutory Limits 6. The Concessionaire will be responsible for any and all damages, costs, and fees incurred, if it is determined that the towed vehicle was not in violation of Airport Regulations. 7. The Concessionaire shall charge the following fees for towing and storage of vehicles from the Airport. PER VEHICLE ($ ) CALL -OUT FEE (night:)(Print Amount) IMPOUND HANDLING ($ ) (Print Amount) STORAGE (PER DAY) Print Amount) Any specialized equipment fee or mileage charge should be included in the per vehicle call -out fee. City and Borough Sales Tax shall be charged to all amounts accruing pursuant to this agreement. DATED this ATTEST: day of CITY OF KENAI , 199 Wm. J. Brighton, City Manager Carol L. Freas, City Clerk CONCESSIONAIRE By: , Owner Phone: By: (Individually) STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT } THIS IS TO CERTIFY that on this day of 199 , WM. J. BRIGHTON, 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 Agreement on behalf of the City of Kenai, for the uses and purposes therein mentioned. NOTARY PUBLIC for State of Alaska My Commission Expires: IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI STEVEN J. PELOZA, ) } Plaintiff', } VS. } CAROL L. FREAS, } Defendant. ) Case No. 3KN-91-695 CI MEMORANDUM DECISION The plaintiff moves the Court to quash the requirements of Appellate Rules 204(c) and 601(d), that he file a $750 bond for costs on appeal. The Court denies the motion. The plaintiff argues that the requirements of the Appellate Rules violate his fundamental right to have access to the Courts and to be afforded Due Process. In addition, the plaintiff alleges that a cost bond is unnecessary in the present case because it would not further the public policy of deterring frivolous cases since this case is "hardly frivolous", and because the defendant would not be entitled to costs should she prevail on appeal. The defendant, represented by the City of Kenai, argues that the requirement of an appeal cost bond is constitutional when it is (1) meant to deter frivolous, vexatious litigation; Page 1 (2) meant to protect the appellee from having to bear the costs of the appeal; and (3) where the amount of the cost bond requirement is reasonably related to the costs of appeal. Cohen v. Beneficial Loan Corp., 337 U.S. 541, 552 (1941). The Court finds that the filing of a $750 cost bond with the notice of appeal meets each of these requirements, and is therefore constitutional. First, as the plaintiff concedes, the rule is meant to prevent frivolous and vexatious litigation. The plaintiff's bare allegation that this appeal is "hardly frivolous" cannot substantiate a finding that the cost bond requirement should not apply. Second, the cost bond protects the appellee from having to bear the costs of the appeal. The Court finds that the purposes of the cost bond is to assure that a party which prevails at both the trial and appellate levels shall be reimbursed for $750 of the expense incurred by the appellant's decision to keep the appellee before the Court. The plaintiff argues that the defendant should be made to bear her costs on appeal. The plaintiff is effectively arguing that, should the Appellate Court uphold the Trial Court decision in this case, the taxpayers of the City of Kenai should be made to bear the costs incurred by the plaintiff's actions. The Court will not reallocate these costs to the taxpayers. Finally, the cost bond amount of $750 is reasonably related to the costs of appeal. The Court notes that, where an Page 2 appellee is represented by an attorney, an appellee may expect to incur at least $750 in attorney's fees at the Appellate Court level. In addition to the costs of preparing an appellate brief, costs are incurred when the attorney must travel to an out-of- town Appellate Court location and engage in oral argument. Accordingly, IT IS ORDERED that the motion to quash the cost bond requirement is DENIED. n� Dated in Kenai, Alaska this( day of December, 1991. i CHARLES K. C STON SUPERIOR COURT JUDGE CERTIFICATION OF DISTRIBUTION I certify that a copy of the foregoing was mailed to the -i: wring at their addresses of record: Page 3 C'_ERK IN THE SUPERIOR COURT FOR THE STATE OF ALASKA AT ANCHORAGE STEVEN J. PELOZA ) Appellant (person bringing appeal) ) VS. ) CAROL L. FREAS, Citv Clerk, ) Appellee City of Kenai ) CASE NO. 3KN-91-695 Cr ORDER RE COST BOND The court has considered the motion to waive or reduce the cost bond in this case. DENIED because (See Memo: It is ordered that the motion is: um liec I�/4 rr ,, The $750 cost bond is due by r-) ,19'/:� or this appeal is subject to dismissap pursuant to Appellate Rule 511.5. If this is an appeal to the `superior court and the bond is not posted by the above date, the clerk of the superior court is directed to enter an order dismissing this appeal without further notice, pursuant to Appellate Rule 511.5(c). If this is an appeal to the supreme court and the bond is not posted by the above date, this appeal is subject to dismissal by the clerk of the supreme court, pursuant to Appellate Rule 511.5(a). GRANTED. The cost bond on appeal is waived. F-] GRANTED. The cost bond is reduced to $ and is due on , 19 , or this appeal subject to dismissal pursuant to Appe�ate Rule 511.5. If this is an appeal to the superior court and the bond is not posted by the above date, the clerk of the superior court is directed to enter an order dismissing this appeal without further notice, pursuant to Appellate Rule 511.5(c). If this is an appeal to the supreme court and the bond is not posted by the above date, this appeal is subject to dismissal by the clerk of the supreme court, pursuant to Appellate Rule 511.5(a). Date __ —Judge "IIARLr; , K . 'RANS'rc'N Type or Print Judge's Name I certify that on a copy of this order was sent to: ec-1o"Z, '- Ir'`S Clerk: ­i`— AP-130 (1/90) (st. 3) ORDER RE COST BOND App R. 204(b) & (c), 209 & 602(d) IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI STEVEN J. PELOZA, VS. CAROL L. FREAS, Plaintiff, Defendant. Case No. 3KN-91-695 CI ORDER Upon consideration of the Entry of Appearance of Jefferson Mallette and the defendant's Opposition, the Court finds that there is no right to lay representation in a civil matter. Mr. Mallette is not a named party and lacks standing to participate in this action. Accordingly, IT IS ORDERED that Mr. Mallette shall not be recognized as "co -counsel" for the plaintiff. Dated in Kenai, Alaska thi;: day of December, 1991. CHARLE K . CRA STON SUPERIOR COURT JUDGE ! Ut!i 11HUA I IUJ U I✓i> i i','bU I ii) J I certify that a copy of the foregoing was mailed to the i r llwving at their addresses of record: n n Tr Lr IG K ..._ ...�_Y...._ _�_..�..�_ ter.... - _...� TO: WiLliam J. Brighton, City Manager FROM: Charles A. Brown, Finance Director eRQ DATE: December 24, 1991 SUBJECT: Update on Insurance This is a follow-up on the City's solicitation for insurance for next fiscal year. I've been reviewing our policies and have tried to identify areas that need further work. First, the schedule is somewhat different than what I proposed a couple of months ago. I had anticipated a January meeting with insurance brokers. But, because of the dates of the week-long Government Risk Management- School, I now propose the following schedule: Notice regarding meet:_ng February 12, 1992 Meeting with brokers, distribute info. March 9, 1992 Notice of intent to quote due April 6, 1992 Quotes due May 15, 1992 Award b1liS June 17, 1992 Second, it is my intention to solicit quotes from only local brokers, including joint ventures or partnerships that include a local broker. I would define "local" as an area within twenty miles of the City of Kenai. The third topic is a little more troublesome. That is, for how long should an award be made? Will we do this each year? Three years ago we bid on a broker's fee basis. We received a three-year price for the fee, and policies were written in each of the three years net of commissions. We had a basis for a three year award. Now, however, we will be awarding only on the basis of the prices of insurance policies (including commissions). The quotes will generally be for only one year. If our objectives are to get the best prices and to encourage competition, it makes little sense to award a three year contract for a one year quote. Years two and three will be uncontrolled Options seem to be: 1) Bid on insurance Every year (not health and life). 2) Allow brokers to make alternate multiple -year bids in addition to one-year bids. If we select a multiple -year bid, those policies wouldn't be bid again until expiration. 3) All:)w the successful bidder to offer a renewal the following year. If the renewal each succeeding year does not increase by -nore than a _liven percentage (say, l0a), then the City may renew witho_it bidding. Of course, we probably wouldn't know the renewal price until forty-five days before year-end, making bidding :iifficult in such a short time. William J. Brighton December 24, 1991 Page Two The fourth topic is something I mentioned in my October 23, 1991 memo on insurance. Do we want to allow a measure of subjectivity to this process, or only look at dollars? Should the strengths of the individual insurance companies be considered? For example, doesn't it make sense to pick an A+15 company over an A company, even if it costs a few dollars more? Along this same line, we've had INA for many of our policies Eor up to ten years. We've had an excellent track record with them. I'd rather not change companies for a few dollars. Would you switch your auto insurance carrier, one that had covered you for ten years, to save $5 a year? We need to arrive at consensus on these matters before I write the RFP specs. If I do not receive further direction, I intend to: a) Solicit quotes *rom local brokers, b) allow multiple -year quotes, c) allow the possibility of renewals in succeeding years withott biddinq„ d) allow selection based on "best for the City", including s.ibjective criteria, such as financial strength of carriers and continuity. I.Ia1 (0i ` TO: Kenai City Counc]l 1791-1991 CITY OF KENAI %Od (2alad-ed 4 4ia4lea„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 FROM: Charles A. Brown, Finance Director CQQ DATE: December 26, 1',99 SU3JECT: Quarterly Investment Report; Fourth Quarter, 1991 During the fourth quarter of 1991, the following securities were purchased by the City of Kenai: Date 'Type Annual Cost Days Rate 1i-7-91 Vanguard MMR $ 425,000 N/A 5.36 11-15-91 Treasury Notes 4,899,100 443 5.26 11-15-91 FNMA Notes 6,191,130 514 5.38 11-27-91 Vanguard MMR 450,000 N/A 4.93 Thare is little need for me to explain what has happened to interest ra`:es this quarter. Interest rates are no longer a subject of only the financial and business reports. They are the leading story of most daily newspapers anci rightly television news programs. Tho Federal Reserve discount rate is now 3.5°, the lowest level in tw«-�nty-seven years. Some forecasters are predicting even lower rates. It all depends on the economy, which just lately has shown some signs of picking up. Exhibit 1I shows the trend pretty clearly: down. Th«? two largest purchases we made this quarter were the treasury notes and FNMA noted (over $11,CC0,000 total) that are earning 5.26% and 5.18%, respec*ively. That looks pretty good these days. The City is ac'.ually pos`tioned fair..y weiL if rates do continue to drop. Through th, rest: of this fiscal near, tc June 30, 1992, only $3,876,000 of our investments sjLLI mature, meaning that we have Locked up "decent" rates _`o- a while. To put it !nether way, we've already taken our lumps. Kenai City Council December 26, 1991 Page Two Exhibit I shows the current status of the City's portfolio. The average annual yield of the current portfolio is 6.028% on $27,237,135 invested. At. the end of .Last quarter, the City's average annual yield was 6.467% on $2.7,418,371 :invested. As I do each quarter, I wiLl compare the City's return on investment with specific benchmarks: Average City yield, "L2-26-91 6.03 12-week average yield, 3-mo. T-Bills 4.85 12-week average yield, 6-mo. T-Bills 5.01 12-weeK average. yield, 12-mo. T-Bills 5.10 State Investmert Poo Ls, October, 1991: Colorado 5.05 Pennsylvania 5.18 Massachusetts 5.48 ii1 365 DAY DAYS DAYS WEIGHTED FY 91-92 EFFECT. FROM FROM AT SHARE OF AVE, ANNUAL ANNUAL =,TE EANn NUMEEP. INVESTED PATE ISSUED DUE PURCH TODAY MATURITY TOTAL RATE PROJECTION BUDGET m.kriT 31'c1 I 91 NEA, FN1 A COUP 31167 1,492,600.00 7,570 12/10/90 3/10/92 456 �n 12126'91 NBA, T-BILL 31343 2,000,158,26 6.259 8/l/91 7/30/92 364 NBr., 1-Nil t0 G,yl" 50 D.133 10i11i90 31iy1 bhu !C7E ,i 1Jbv 71i1 ,uC'!„1. 8."6 QrLL!7U 01�lyL iL'f I: 26 9: NBA, CP 92204 2,COO ,000,00 5,179 9!25i91 9'?5/92 366 '. NBA, T-NOTP i147 998,500.OG 7.967 119.' 02 731 ., i;F= T-;iC'F 31.96 4 899,100. K 5,259 llil5 91 •i31i93 44w ..a ;5 :1,:29, i5 91 4 14 91 t SUBTOTAL 23,368,536.52 A' EPA. E 534 TOTAL 7,t37,135,58 49 i,1i5,uuu.u^J 4.206% u.224 75 1,500,000.00 5,480% 0,415 4.59 % U.4�1 217 2,125,000,00 7,343% 0.460 118 1,000,000.00 3.613% 0,299 233 9uu,u0o.u0 3,308E 0.276 274 2,115,90C,00 1.343% 0,424 310 1,000,COC,00 3,666, 0.293 4ii2 48O1,,000.Cr, 17.987% 0,946 JJ0.0C _L,iJJt I.22L 7 c� _, cnn n n rn Y 85,797% 269 14.203% 0,676 1D0,000% 5,028 1,641,949 1,913,000 Percent 9.0 Selected Interest Rates Averades of Daily Figures Percent 1.0 ♦ 5-Year -- naeury $eeurttlee /•. I I '.. Federal Funds Mate \ I • 3-Month Treasury elll ♦ „ lecount Rate IL I T --T"r'�T'rr_fT-Tt TT HE IE A W 4.0 5 16 2 16 36 II 21 11 2S 1 22 1 22 5 11 3 17 31 1{ 26 12 26 9 23 6 21 4 11 1 15 26 IJ 27 Oct Nov Dec Jon Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec L990 1991 Latest data plotted ore overdoes of rates available forthe week ending: December 13. 1991 1991 Federal Funds •• 3-Month Treasury Bill 6-Month Treasury Bill ••• 1 -Year Treasury Bill 5-Year Treasury Securities Long -Term Treasury Securities 27 5.29 5.16 5.23 5,20 7.04 7.86 Oct a 5 33 `5.07 5.14 5.11 6.88 7.78 11 519 5.01 5.08 5.07 6.65 7.83 1 ff 5 28 5.00 5.03 5.04 6.85 7,84 , 5,24 5.01 5.1' 5.09 6.96 7.98 Nov � 5.10 4.05 5.04 4.87 6,79 7.86 5.:75 4.69 4.80 4.74 6.71 7.85 1 4 14 j 4.61 4.71 4. 70 6, 64 7.74 21 4.39 4.49 4.62 4.57 6.56 7.81 24 4.i8 4.39 4.50 4.50 5.54 7.84 Dec E 4.79 4.32 4,39 4.38 6.34 7.71 1]: • _4. i4 4.1 7 4.20 J _ 4.23 5.24 7.66 Current data appear in the Federal Re me Board's H.15 release e-W ing long -Tenn Ireasuly secunnes which are computed by this bank. ire sury bill yields a on a mscoun basis. • Averoges of rates avm fable •• Seven --day overages (or week endin two days earli r than date sho n •+• Auction average 'a scount) Pre ared by Federal Reserve Bank of St. Louis INFORMATION ITEMS Kenai City Council Meeting of January 2, 1992 1. 12/20/91 Barbara E. Waters letter to Kenai City Council regarding attached letter to the Chair and Vice -Chair of the Ethics Committee for the Legislature. 2. 12/17/91 Kenai Peninsula Borough Action Agenda. 3. January, 1992 Kenai Peninsula Borough Calendar of Events. 4. 12/18/91 Kenai City Council Meeting "To Do" List. 5. 12/12/91 D.Young letter regarding Lake Clark National Park Headquarters in Kenai. Kenai City Council c/o Carol Freas, City Clerk 210 Fidalgo St. Kenai, AK 99611 Barbara Waters 5663 Kenai Spur Hwy. Kenai, AK 9961.1 Dec. 20, 1.991 �2o -ei ed :.EC 1991 t czz)t flu Dear Ms. Fr. eas , I am enclosing a copy of a letter which my husband and L are sending to the Chair and the Vice -Chair of the Ethics Committee for the Legislature. We would appreciate it if you would include it in the infor- mational materials for the members of the City Council at their next regular meeting. We are concerned about the possibility of Mayor Williams using his office as Mayor to utilize city address files in this manner and his title to hold such fundraisers as the one outlined in the enclosed copy of Mr./Firs. wagoner's letter. Thank you for your efforts, Barbara E heaters Arthur E Waters Barbara E Waters 5663 Kenai Spur Hwy. Kenai, AK 99611 Senator Virginia Collins Suite 510 3111 C Street Anchorage, AK 99503 Dear Senator Collins, Ile are enclosing a copy of a letter which we received earlier this .month from the mayor of Kenai. Although the copy we are enclosing is addressed to Mr. and Mrs. Thomas Wagoner, it is an exact duplicate of the one which was addressed to us as Thomp- son Park property owners. When we read ours we were disgusted with the ploy it used and tossed it into the trash. When we calmed down and realized that you should be informed of .its con- tents, we contacted Mr.. and firs. Wagoner and requested a copy of theirs. There ar.E3 a number of things which distress us about the en- closed letter. Please bear with us as we try to apprise you of them. The letter, although not on standard City of Kenai letter- head is written with the return address of "Mayor John Williams" and signed "Mayor John Williams, City of Kenai". Are we to assume that the City of Kenai endorses the invitation to the fundraiser? The letter was addressed to every property owner in Thompson Perk. The only way P•;ayor Williams could get the names and addres- ses of every property owner within Thompson Park is from city files. Again, are we to assume that the City of Kenai is an en- dorsee? That Mayor jai.:-_liams would use his office in this manner is inexcusal-ale. The invitation itself is to a reception/fundraiser for Rep. Mike Navarre to "discuss legislative priorities for the 1992 leg- islative session, specifically the Thompson Park sewer line" and would be "exclusively for Thompson Park owners". IF this recep- tion was to discuss prl'orit.ies, why were not the other two area members of our legislative delegation invited? Are we to expect that if we, the property owners within a certain boundary, wcul.d contribute to Mr. Navarre that we would get more ow his attention and concern when our request for a sewer line comes up for consideration? Do we also expect that be- cause we di.d not attend said reception nor contribute to Mr. Navarre's chest that we have a strike against us? We aro distressed when it seems that politics are up "FOR SALE" like this. -If =re currently do not have a way to stop this kind of "buying POWer" than surely we need one. Ile request that yo�z sponsor an ethics bill in this new session that would elimi- nate this type of action. Since you relic?e in Anchorage, let me tell you a little about City c f Kenai actions as regards this type of project. You will be asked to 1.>ro,,7,cie the money to the City as part of their "REQUEST FOR STATE GI,PTATS" brochure. Should the money be granted to the city, the worl will he started. Sometime during this ?ro- cess the property owners will be contacted about forming an as- sessment district. We will then pay the city back to the tune of anywhere from 25%. - 1.00o over a term of 10 years. So we resent. the implication that we must buy a vote. We are going to end up paying for the project anyway. Our request is simple,... please begin an investigation into the activities of Mr.. Navarre as regards this type of fundraising and let's get this sort of thing stopped now before it goes much further. Sincerely, Arthur E Waters, Barbara E Waters cc Charles Cole, Attorney General Kenai Peninsula Clarion Anchorage Daily News Anchorage Times Jim Hein, News Director, KSRA1 Mayor John Williams POB 459 Kenai, Alaska 99611 December 2, 1991 Thomas & Dorothy Wagoner 4040 Primrose Place Kenai, AK 99611 --- -- Dear -Thomas & Dorothy: As the political season will soon be upon us, I felt it would be appropriate to have a reception/fundraiser for State Representative Mike Navarre. The reception would be exclusively for Thompson Park property owners to discuss legislative priorities for the 1992 legislative session, specifically the Thompson Park sewer line. With this in mind, I have arranged to have the reception at the Eagles Club on December 9, 1991 at 7PM. Refreshments will be served. In closing I would appreciate your attendance and input at this important meeting of Thompson Park property owners. Sincerely, _ Tavor hn Williams �� City of Kenai December 17, 1991 - 7:30 p.m. Regular Meeting Borough Assembly Chambers, Soldotna A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE E� 199, C. INVOCATION Pastor Preston McCracken of the Community Wesleyad�,'hurc16 %F�,., D. ROLL CALL Walli, Calhoun and Skogstad excused --^" E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLY MEMBERS F. APPROVAL OF MINUTES 1. AMENDED, APPROVED Minutes of Regular Meeting of November 5, 1991 G. COMMITTEE 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/Lands - (Chm. Little, Vice Chm. Superman, Kyllonen, Merkes, Moock) 4. Public Works/Education - (Chm. Moock, Vice Chm. Hodgins, Calhoun, Merkes, Kyllonen, Brown) S Other Cnrnrrlittees H. REPORTS OF COMMISSIONS AND COUNCILS I. AGENDA APPROVAL AND CONSENT AGENDA 1. ADOPTED Resolution 91-141: Authorizing the Award of a Contract for Area 1 - Central Peninsula, Solid Waste and Recycling Container Hauling (1\iavor) 2. ADOPTED Resolution 91-142: Authorizing the Award of a Contract for Area 2 - Eastern Peninsula, Solid Waste and Recycling Container Hauling (1\iavor) 3. ADOPTED Resolution 91-143: Authorizing the Award of a Contract for Area 3 - Kecai Peninsula Borough Assembly Ar--naa r"_ h... 1"1 QQ1 I Southern Peninsula, Solid Waste and Recycling Container Hauling (Mayor) 4. ADOPTED Resolution 91-144: Approving Operational Policies of the Central Peninsula Emergency Medical Service Area Regarding Ambulance Billing (Mayor @ request of CPEMSA Board) 5. ADOPTED Resolution 91-145: Transferring $14,000 for Schematic Design and Cost Estimation Services to Convert the Homer Jr. High Pool to a Multipurpose Room and Cafeteria (Mayor) 6. .ADOPTED Resolution 91-146: Conditional Acceptance of That Portion of the Existing Exit Glacier Road Lying Between the Seward Highway and Milepost 1.6 of the Existing Road Onto the Borough Road Maintenance System (Mayor) 7. SET FOR HEATING JAN. 21 Ordinance 91-57: Authorizing and Appropriating a Grant from the Alaska Division of Emergency Services for a Statewide Shaker III Exercise (Mayor) J. ITEMS NOT COMPLETED FROM PRIOR AGENDA 1. SET FOR INTRODUCTION JAN. 7 Ordinance 91-56: Establishing a Two -Term Limit for Assembly and School Board Members (Hodgins, Anderson, Walli, Rubadeau) K. MOTIONS TO RECONSIDER 1. RECONSIDERATION FAILED Resolution 91-140: Awarding a Contract for Lobbying Services (Legislative Committee) (Yore: 6 yes, 7 no) L. ORDINANCE HEARINGS (3 minutes) 1. DEFEATED Ordinance 91-49: Providing an Exemption from KPB Chapter 14.06 "Road Standards" to Allow Acceptance of That Portion of the Existing Exit Glacier Road Lying Between the Seward Highway and Milepost 1.6 of the Existing Road Onto the Borough Road Maintenance System (Mayor) (Vote: tlnanrmous) M. CONSIDERATION OF RESOLUTIONS N. CONSIDERATION OF VACATION OF RIGHT-OF-WAY O. I NTRODL!CTION OF ORDINANCES NOT ON CONSENT AGENDA P. ADDITION OF LATE ITEMS K,!,iai Peninsula Borough Assembly Acend,, n2.'ember 17, 1991 e 2 Q. PENDING LEGISLATION (This item fists legislation which will be addressed at a later date as noted.) 1. Ordinance 91-53: Providing for the Reapportionment and Recomposition of Borough Assembly Seats (Skogstad) (Postponed to 0 1/07/9 1 -referred to Local Affairs/Lands Committee) 2. Resolution 91-116: Granting a Permit to the Kenai Peninsula Archers for the Use of Borough Owned Lands (Mayor) (Postponed to 01/21/92) R. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (10 Minutes) I. Nancy Gourley - POW/MIA vs. Normalization and the lifting of the trade embargo with Southeast Asia. S. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (5 Minutes) T. MAYOR'S REPORT 1. Notice of Road Maintenance Manager Appointment 2. Letter to City of Seward Regarding Recycle Collection Containers U. OTHER BUSINESS V. ASSEMBLY AND MAYOR'S COMMENTS W. INFORMATIONAL MATERIALS AND REPORTS X. NOTICE OF NEXT MEETING AND ADJOURNMENT The next meeting of the Kenai Peninsula Borough Assembly will be on January 7, 1992 at 7:30 p. m. in the Assembly Chambers of the Borough Administration Building. Ke ioi Peninsula Borough Assembly ,? :eni:a De.e.ntier 17, 199f ",PC 1 January 1992 KENAI PENINSULA BOROUGH SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDA`_ 1 2 3 4 New Year's Anchor Pt. Fire Day Bd s i I I 9 9 5 6 7 8 9 10 11 7:30pn1 3:00pm - 6:00pm 7:30pm Nikiski 4:30pm Agenda Plannin g Committee Mtgs Fire Bd 7,�nn Deadline 5:00pm Policies/ Comm ••• " F' m Procedures 7:30pm School Assembly Comnti'tec Bd Reg Mt Reg Mtg 5:30pm Cent. Pen. Hospital Finance Comm. 7:00pm CPEMS Joint J3d 12 13 14 15 16 17 18 17th Legislature 5:00pm 12:00pm Cent. - 2nd Session Assembly Pen. Hospital Convenes Work Session Recruiting 7:30pm No. Comm. Penn Rec Bd 1:30pm Cent. Bear Creek Fire Pen. Hospital Bd Exec Comm. I 19 20 21 22 23 �24 25 7:30pm 3:00pm - 6 00pm 4:30pm Agenda Planning Committee Mtgs Deadline Comm 7:30pm .5:30pm Central 7:30pm School Assembly Penn Hospital Bd Reg Mtg Reg Mtg Bd j Martin Luther 26 27 28 29 30 131 -! 5:30pm Cent. 7:30pm No. Pen. Hospital Penn Rec Bd Bd Strategic Pl annine December 1991 February 1992� S M T W T F S S M T W T F S 1 2 3 d 5 6 7 1 9 10 11 12 1314 2 3 4 5 6 7 8 1 16 17 18 19 20 21 9 10 11 12 13 14 15 22 23 24 25 26 2'' 28 16 17 18 19 20 21 22 29 30 31 23 24 25 26 27 28 29 Please report changes to Clerk's Office TO DO LIST Kenai City Council Meeting of December 18, 1991 CLF - Set Public Hearing for Comprehensive Plan for January 15, 1992. CRG/RAE - Distribute different scenairos of RFP for Airport Towing to Council for review for January 2, 1992 meeting. CRG - Check on any repercussions in Juneau with regard to the "Lien and Clean" ordinance. DON YOUNG -0'i(9RE SSMAN FVFl ALL ALASKA NASHINGTON OFFICE �33-1 RAVR�JRa BUR DING '? T LEF HONE 2021225-5765 ' ww►f�wr - COMMITTEES 114TERIOR AND INSULAR AFFAIRS r _ MERCHANT MARINE AND FISHERIES ;'O';T OFF CE AND Congress of the Unitch t'�ttttes CIVIL SERVICE Houoe of l9epresentatimi i�nsltingtnn, £J.L. 2U�la December 12, 1991 Mr. John Williams, .1N,:ayor City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Dear John: DIS 222 WE. AN CHORA TELFr Box FAIR-,,.,, TELEPHONE 907/456-0, 401 FEDERAL BUILD N PC Box 1247 JUNEAu ALASKA 998C� TELEPHO +E 9071586-74 501 FEDERAL Bu-LD" KP ?CHIKA :, A, ASKA 99-1. Ti LEPHO=,E 9071225-68� 120 THADiN3 BAY s,J TE 260 KENA , A_A`,KA 9961' HOx 177 KODIAK ALASKA 9961: PO Box 1860 NOME. ALASKA 99762 rV .1s ,p A �J \�168E9�� This is in response to your letter of November 8, from the City of Kenai and various Kenai Peninsula governmental bodies and organizations supporting the development of a Lake Clark National Park headquarters in Kenai. It was great to hear from you. It sounds like the Lake Clark project has everyone's interest. I hope plans work out as expected and Kenai can serve as the "gateway city" to the Lake Clark National Park. Tourism will surely prosper with the arrival of additional facilities. Again, I thank you for your letter. If I can be of further assistance, please feel free to contact me. With best wishes and warm personal regards, I remain, Sincerely, /00�t DON YOUNG Congressman for all Alaska DY:bm ULc t 1199T 9 4 1 -2 APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT C702 (instructions on reverse side( Pv�cT g:-.Nf f-" ., TO (OWNER): City of Kenai PROTECT: Kenai Congregate Housing APPLICATION NO: 03 Distribution to 210 Fidaigo Avenue 0 OwHER Kenai, Alaska 99611 PERIOD TO: 11-12-91 [X ARCHITECT 12-09-91 fROM (CONTRACTOR): Gaston Associates VIA (ARCHITECT). Livingston, Slone InCARCHITECT'S C 8511 Hartzell Rd 3900 Arctic Blvd. PROJECT NO: 9017 Anchorage, Alaska 99507 Anchorage, Alaska 99503 CONTRACT FOR; Kenai Congregate Hou_sinq ___ CONTRACT OATE 8-1 6-91 Application is *Wade for Payment. as shows( CONTRACTORS APPLICATION FOR PAYMENT Continuation Shen, A&A DocumeW GM, is attached. CHANGE ORDER SUMMARY Change Orders approved in 1 previous months by Owner TOTAL ADDITIONS 82 050 0 DEDUCTIONS Approved this Month a4!! 6 �t7,Yo G0 ySoo,00 ��� ece 1991 .eceived 'ty °i Kenai I Number Date Approved 7 �{�': . �� S� 7. TOTALS 82,050.00 - Net thane by Change Orders 82,050.00 The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that Ali amounts have been paid by the Contractor for Work for whidi previous Certificates for rraaPyyayment were issued and payments reserved from the Owner, artdfltR CUUnG LnMEETING OFs�. here+n is now due. r_ City Mgr. ---a Atterrey C Public Works City Clerk CONTRACTOR: Gasto ,di Assoc Fina e Ori in�al T Submitt d Iy- '-'L Council OK ESN• []Yes Ck— by. Date: 1 7-1 1-91 ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on -site observations and the data cornpeissng the above apphcatson, theArchttect cei t.fti s to the Owner+hat to the best of the Architect's knowledge. information and belief the Work has progressed as irwucated, the quality of the vYork is to accordance vath the Contract 00cuments, and: the Contractor is entitled to payment of the AMOUNT CERTWsW. 1. ORIGINAL CONTRACT SUM.... ...-------- .------- 43.806.513_00 2. Net change by Change Orden 4 82, 050.00 3. CONTRACT SUM TO DATE (line 1 -2) c 3,888, 563.00 4. 10TAL COMPLtTED & STORED TO DATE (Column G on G703) 5. RETAINAGE: a. 10- % of Completed Work $ 100.144 -10 (Column D + E on G703) b. 1l2L % of Stored Material S 3, 754.10 (Column F on G703) total Retainage (Line Sa + 5b or Total in Column I of G703) _ - ... ... = t 103,898,20 6. TOTAL EARNED t.ESS RIETAINAGIE s 935,083,77 (Line 4 less line 5 Total) 7. LESS PREVIOUS CMMICATES FOR PAYMENT (Line 6 from prior Certificate) .. - S 688.,936. 37 8. CURRENT PAYMENT DUE ......... . . . . ...: S 246. 1.47.40 9. BALANCE TO FINISH, PLUS RETA(NAGE .... S2,953,479,23 (line 3 less line 6) i State of: Ala Subscribed an id Pubti My Comrn,ssra County of: to before me this Deoerber day of 5-28-94 AMOUNT CE6FIED ........... ........... _ ....... S 2 (Attach a anon it ou c riied differs from the amour ARCI-Il ff This C0 is not .negotiable. The AMOUNT CERTIFIED r. Contractornamed herein. Issuance. paymentanaacceptanceai prejudice to any nghts of the Owner or Contractor under this ALA 00<U4tf NT f.M- AW1 i( At 10H ANn!'fitTOW-sett f()Q PAVk4tNT• k1AY JQA% rrAIION • Ain` • r 1'mt I'll III "I "MINkIft Tundmraiser raises ire of some By NANCY WATSON Peninsula Clarion Kenai Mayor John Williams raised the ire of some residents recently by holding a fund-raiser for Rep. Mike Navarre, D-Kenai. The fund-raiser was Dec. 9 at the Elks Lodge and resi- dents of Thompson Park were the in- vited guests. Thompson Park is the city of Ke- nai's top priority for state funding in 1992. The city is seeking $1,800,000 in state funds for a sewer interceptor and $2,700,000 for water and sewer mains. "I find this hard to live with," said Barbara Waters, who received a copy - of the mayor's invitation to the fund- raiser. "It looks like he (Navarre) was buying votes," she added Waters said she has a problem with the mayor using his office to gain ac- cess to mailing lists. She said it looks like the mayor was representing the city by signing the letter, "Mayor John Williams, City of Kenai." The state, however, sees little wrong with the fund-raiser. According to Christine Ellingston of the Alaska Public Office Commis- sion, targeting a specific group of people for fund-raising is quite com- mon. She said she had received a copy of the letter Williams sent to the Thompson Park residents and the only improper thing about it was that it lacked the phrase, "paid for by." She said the APOC office has sent a letter to Williams instructing him to include the phrase in future mailings. All of the legislators should have been invited if the meeting was called to discuss the needed state funding, Waters said Williams said mailing lists and voting records are available to everyone through the borough, the Democratic Party headquarters in Anchorage or a private computer service he uses. He said he is sure the Republican Party also makes mailing lists available. "My feeling is that most of this is being brought about because of parti- san politics and the Republicans' dis- satisfaction with the process," said Williams. Navarre was out of town for the holidays and could not be reached for comment.