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1993-02-17 Council Packet
Kenai City Council Meeting Packet February 17, 1993 KENAI CITY COUNCIL - REGULAR MEETING 7ZIOU30T 17, 1993 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 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. S. SCHEDULED PIIBLIC COMMENT (10 Minutes) 1. Nate Kiel - Recreational Ice Rink Facility C. PIIBLIC HEARINGS 1. Ordinance No. 1529-93 - Authorizing the Execution of a Common Investment Agreement Among Political Subdivisions of the State of Alaska and to Authorize Creating and/or Becoming a Member of the Alaska Municipal League Investment Pool, Inc. 2. Resolution No. 93-12 - Rescinding the City of Kenai Filing, Records Program and Retention Schedule of 1985 and Replacing the Retention Schedule. 3. Resolution No. 93-13 - Congratulating the Kenai Central High School 1992-1993 4A Varsity Girls Basketball Team. 4. Resolution No. 93-14 - Transferring $2,500 in the General Fund for Repairs to Library Chairs. 5. Resolution No. 93-15 - Transferring $39,651 in the Court Facility Capital Project Fund for Additional Construction Costs. 6. 1993 Liquor License Renewal Application - a. Casino Bar - Beverage Dispensary b. Casino Bar - Casino - Package Store -1- D. 7. *1993 Liquor License Renewal Application - oaken Keg Spirit Shops 058 - Package Store. 8. *1993 Liquor Licenser Renewal Application - Kenai Country Liquor - Package Store. 9. *1993 Liquor License Renewal Application - Rainbow Bar & Grill. 10. *1993 Ganes of Chance and Contests of Skill Permit Application - Kenai Emblem Club 1455. 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 i r _ 71 F. G. X. 1. *Regular Meeting of February 3, 1993. 1. Discussion - Fact Sheet 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1530-93 - Increasing Estimated Revenues and Appropriations by $12,500 in the General Fund for the Library. 4. Discussion - Land and Water Conservation Fund Project Status Report. 5. Discussion/Approval - Change order No. 5, Kenai Courthouse Project - $12,995.00 6. Discussion - Townsite Historic Zoning District 7. Discussion - Mission Street Paving Project & ISTEA Funds. -2- I. ADXINISTR&TIQN REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUBSICll� K. 1. Citizens ( five minutes) 2. Council -3- MAYOR'S REPORT FEBRUARY 17, 1993 COUNCIL MEETING ADD: D-Z, Airport Commission - Additional applications for appointment to Airport Commission. H-7, Mission Street Paving - Additional information. ADD: C-7, 8, h 9 - 1993 Liquor Lioutss Renewals - ADDITIONAL INFORMATION - KPB letter of non -objection for Rainbow Bar, Oaken Keg Spirit Shops, and Kenai Country Liquor. 1. 3/10/93 meeting with KMart personnel (time to be forwarded in the near future, but prior to Chamber luncheon). 2. Cornerstone ceremony/Kenai Courthouse - Mason's. 3. Norman Vaughan Antarctica Expedition - Fundraiser - Kenai Visitor Center. 4. Executive Session. q h Febraury 12, 1993 To: Mayor John Williams and Kenai City Council From: Kenai Ice Rink Task Force Committee Re: Progress update and recommendations Several months ago Council appointed us to research the possibiities of building a recreational ice arena in the city of Kenai. It has been a challenging but rewarding investigation for the committee. We are confident that a sufficient facility can be built without wasting millions of taxpayer dollars. This project will not only serve the skaters of today, but most importantly will be an investment in the adult and child populations of the Kenai area for decades to come. Included in this packet is information pertaining to the building site, cost of facility, estimated revenues, and operational costs. We are in the process of having final plans drafted and will deliver them on or before February 17th. Please do not hesitate to call me at 283-5305 if you have any questions. Thank you for your time and consideration. Sincerely, Nate Kiel Committee Chair cc: Brian Gabriel Brenda Reynolds Tim Wisnewski Ken Cox Dave Knudsen ESTIMATED COST OF FACILITY Option 1 is an AMERICAN STEEL BUILDING. Included in the proposal is the foundation, insulation, and concrete slab. Building Estimate $ 497,687.00 Additional costs: Site Clearing/Excavation 50,000.00 Plumbing/Heating 66, 000.00 Electrical/Lighting 70, 000.00 Complete Oympic Rink 100,000.00 Zamboni 48, 000.00 Vinyl on Steel Bench Bleachers (600 capacity) 65,000.00 Interior Walls 25,000.00 Scoreboard 10, 000.00 Total $ 931,687.00 Option 2 is a CONCRETE BUILDING. Included in the proposal is the foundation, insulation, concrete slab, and bleacher occupancy for 600. Building Estimate Additional costs: Site Clearing/Excavation Plumbing/Heating Electrical/Lighting Complete Oympic Rink Zamboni Scoreboard $ 776,000.00 50,000.00 66,000.00 70,000.00 100,000.00 48,000.00 10, 000.00 $ 1,120,000.00 f, " ICE RENTAL INCOME PROJECTIONS FOR KENAI RINK i� 4 hrs p/day 5 hrs p1day 6 hrs !da ' 7 hrs p/day 8 hrs /da $60 p/hour 1 week 1680 2100 2520 2940 3360 5 months 36960 46200 55440 64660 73920 6 months 43680 54600 65620 76440 87360 $70 p/hour 1 week 1960 2450 2940 3430 3920 5 months 43120 53!00 846$0 7S400 86240 6 months 50960 63700 76440 89190 101920 $75 p/hour 1 week 2100 2625 3150 3675 4200 5 months 46200 57750 69300 896, 50 92400 6 months 54600 68250 81900 911155 109200 $$0 p/hour 1 week 2240 2800 3360 3920 4480 5 months 49280 61600 73920 88240 98560 6 months 58240 72800 87360 101920 116480 $90 p/hour 1 week 25201 3150 37801 4410 5040 5 months 55440 69300 831601 97020 110880 6 months 655201 81900 982801 1146601 131040 Our target range for first year is $57,750-$95,550 EXPENSES PROJECTION Telephone ................................ $ Gas.......................................... S anatatio n ............................... Electricity ............................... Sewer and Water ..................... Insurance ................................ Maintnance and Supplies.......... Payroll................................... 1 Manager .................. 1 Part-time help......... 50.00 per month 6 months ..............................$ 500.00 per month 6 months ............................ 74.00 per month @ 6 months ............................ 1000.00 per month @ 6 months ............................ 160.00 per month @ 6 months ............................ under city blanket policy 6 months ...................... 1500.00 per month @ 6 months .......................... 600.00 per week @ 26 weeks ............................ 180.00 per week @ 22 weeks ............................ 300.00 3000.00 444.00 6000.00 960.00 12000.00 9000.00 15600.00 3960.00 Total for a 6 month period: $ 51,264.00 Ice rental KPHA---------------------------- 57,605.00 Ice rental Kenai Peninsula Borough ----------- 30,882.00 Denali Figure Skating ------------------------ 5,025.00 Public Skate ------------------------------- 11,296.00 Learn to Skate Program --------------------- 13,937.00 Adult Leagues ------------------------------ 27,045.00 Total 145,790.00 • City should actively search for funding possibilities. • We strongly oppose sales or property tax increases. ' Official plans should be drawn by the City. ' Pursue the "land deal" currently in process between the Borough and State. • We strongly suggest a basic, no frills facility, with a monetary goal of under 1 million. • Market recreational and competitive skating for the purpose of both health & fitness and a way to stimulate our economy during the long winter months. • Consider the possibility of puffing in refrldgeration now instead of later, as costs will continue to increase. 03'0 NN HHH 222 NNN np0 Ir A�mNtt7s falL i� - �,& ( , �� I d, . 9, hiph S he o t�cer"c� 'arcrC 6ik LJ sntc(<<-( .,t- 9?► i tr n - = _14. / Pambe-A 14 c � L+ - - 1$ , 7 �..ez-e�S � ��uESS� � ! �ricrs-�'i'� ��Epc.h a-►iys q�Itoef ♦ 7ZOc�0 Ma �i A 1�2c�`C�as /SE�_� ' o c Vella— �c� a .0 S �TAc-7C, 0 c d Iov 15 i(* ,1,--- 100:�J- l,e►4 c �'�E � ov r�� � � c�rc j � , G '� G , L "� MCS �, g � �i G a c - klr k i?Av.Ga- W44z-R. 'fax-J.•ceoq— Z/JUo lot {'S ac '� ) -S�l�� �Ivoo � Li Con C2e'•-c .1CI Al I VV1 n► Octk IlVctr, 2 UA 1 �-o, x 244 O, - 3 (, o , Ckx&A,vLce—, fjOV4_ —J�, Z u -4311� r�lT].O 7�2='"^r 1 h .. j A 1;t 5 Hof- o" u SIA L (�"(, — G XC MA-1t •S�a�iC,I� 5/4.0 4O'C7C�lL•J, Z m d OfitLS �fLe'S�SCc( Cor1G2G�_ ��t�=GL'1��--S tones Or nl �2rzi crs� IJdo 1 c �Y�-G2ETC� �i�l r 01jj FAX 06 727.2035 January 11, 1993 TEL. (406)727-2750 422 - 2ND STREET SOUTH POST OFFICE BOX 429 GREAT FALLS, MONTANA 59403 Ron Kiel HCOZ, Box 727D Kasilof, AK 99610 RE: Interkal Bleacher Seating New Hockey Rink Mr. Kiel: As per our phone conversation of today, I am enclosing for your informa- tion a product brochure, on the Interkal Telescoping Bleachers. Interkal offers three seating options, with the vinyl -on -steel bench seating as the most economical of the three. You can utilize the "closed deck" design of the folding bleachers, but do not have to fold them, if you choose. Another option to consider is galvanizing of all the steel parts, to eliminate rusting, due to your particular requirements. As I told you these bleachers would run probably $65,000 - 70,000 on a 10 row, 140' Long bank. Galvanizing, installation, or other seating options would cause this price to go up. Please feel free to give me a call, if you require any further informa- tion. Sincerely, Kevin Hemler Contract Manager KH/mak cc: Acme Park/Rich Chamberlain PREFERREDN PLUMBING Kenai, Alaska 99611 Ph. (907) ATi N� I0`N: NFL RON MOL RE: ICE RMAPLUMBIN & HEATING SYSTEM FAX# (907) 283-7990 Review of P� an the proposed ke 1&d4 would indicate the following Analkwft estimate on plumbing and beating costs: Plumbing for 500 person occupancy, 4 Ea. locker roots, heating for approximately 5000 Sq.Ft. and radiant heat over approximately 3800 Sq. Ft. of bluchers: BY: Rockwell G. Ste, Omer DATED: MAY 1, 1992 Page No. 1 of �s =_ Alaska Construction and Erectors A CE tJr , r .3 General Construction and Building Erection t ,- P.O. Box 1204, Soldotna, Alaska 99669 (907) 262.9213 PROPOSAL SUBMITTED TO PHONE DATE V NATE KIEL (907) 83-5305 �ebruaru .9 , STREET JOB NAME i j P.0. ''o:: Ice Sicatinq_ Rink Euiir�ino !I CITY, STATE AND YIP CODE JOB LOCATION Kenai. Alaska 99611 Kenai. Alaska `i ARCHITECT DATE OF PLANS JOB I'HCNI I! American $t_ti ldintas Attn: We hereby submit specifications and estimates for: iI V In accordance with your request, we are pleased to oa_tote the follo'_ling: I .��+D One - 150'w x '�" 'I h �. `'W h eave, AMERICAtN STEEL BUILDING ! 3:12' roof Pitch. LRF Series, designed for 20 psf live load --and 50 psf snow load, 100 rrlph wind load, exposure "R", sei=rnic i Rigid Frames (8) are 150" clear snap at 30" spacing. (Gee attached ski—tch and desion sneci `icai-inns) Building is complete with: '2h ga. LS colored roof and wall panels with delt_t„ trim: five - 6070 insulated metal passage doors w/panic_ P closure ve one - 14';� 16'h insulated overhead door tat/chain drive five - 2 0" rotar g roof vents Professional EngineAr stamped drawings (Gee attached building specifications) Alaska Construction and Erectors will design, furnish, deliver, and erect on uour building pad the above structure for the lump sum price of $ 333, 066 , r;", Weight of building is 2S.9, 193 pol-tnds Wr jJritVn!-,r hereby to furnish material and labor — complete in accordance with above specifications, 'or t„e sun of yment to be made as follows: All material i% r!uaranteed to be as specified All work to be completed in a workmanlike ,.Inner occordinf+ to standard practices. Any alteration or deviation from above specibca- Lnns inW)tvmg extra costs vol be —ectil only upon written orders, and will become an -Tra cha,Pe over and above„ the esti-ate, All agreements conthnpent upon stokes, accidents or delays beyond our control r. Oner to cant' bee, tornado and other necessary insurance. 'r work `rs are hilly covered by l': rnkn•en s Cc!npensatmn Insurance ,;'.rr ita(Zrr of 7,1ro iwial —The above pncra, specifications ::nd concLtions are satisfactory and are hereby accepted. Yeti are authori,ed tc do tl I ,cork ,re' Ilrt[i, P v-nent v.J1 he made as out;wn i .&trove. dollars ($ Authorized .y N e: This proposal m!,v he v;n ilhdrawt- us it not accepted v: !I,nl Signature Sjf'riattrre — Page No. 2 of 2---.F�-°- Alaska Construction and Erectors •F'6' F'+ C E NO - General Construction and Buildin Erection P.O. Box 1204, Soldotna, Alas a 99669 (907) 262-9213 I PROPOSAL SUBMITTED TO PHONE DATE NATE KIEL (907)283-5305 Fehru-, rta ISTREET JOB NAME -------------, I P.G. Box ice Skating Rink I Building j CITY, STATE AND ZIP CODE JOB LOCATION i Kenai. Alaska 99611 Kenai, Alaska ARCHITECT DATE OF PLANS --- - JOB I'IIUNE — - American Buildings Attn: We hereby submit specifications and estimates for, �— !I Page - ALTERNATE 1. BUILDING FOUNDATION 31,29e.00 Includes 10" x 16" concrete footing, 40" CMU stem wail and 18 _column pilasters 32"1 32 " x 47 and footing- for end wall columns. �i ALTERNATE- 2, BUILDING INSULATION S 7A, -=1.5 ;. nQ t3" vinyl jacketed fiberglass installed in roof and wails. ALTERNATE 3. CONCRETE SLAP $ 96=577,001 5" re-inforced concrete -slab with formed 1.2'" recessed skating area and drains. EXCLUDED BY AL.ASKA CONSTRUCTION AND ERECTORS: site clearing, site e:-:cavation and fill. temporary politer during construction electrical / mechanical systems permits Delivery of building_ would be appro ,imately five weeks frr.-,m date of order. Completion of project would take 78 workinq daus. Mr JJrn>pt1nr hereby to furnish material and labor — complete in accordance with above specifications, for the s,m AS lNoTED ABOVE. dollars ($ Payment to be made as follows: ---- 677 upon receipt of materials; balance upon completion of crn jr-r-i- ��. All niter al :s vuwa t •rd to bn as specified. All xork to he cn,pletod in a wnrkrnanl ke n ni ier ccn,ilurg to standard pr.arGces. Any alteration or devi n..tn fruin above spec hra Authorized t cr s uroniv,q e.tre costs will be executed only upon wrrtte oI rs, and will become an Signature/bv'S extra charce over and above the estimate All aPreements cOntin nt upon stakes, accidents f ' or drilnys beyond cur control- Owner to carry tire, tornado and other necessary insurance. is proposal !nay Le _ _ r�ur v.orkers -ire fully covered by Viorkmec s Compensation Insurance. withdrawnot aCc,,ptc. j �•: �;hln_ , ` Amptatirr of Ur-oliv�ni — ihr, zibove prices, specification s :Ind eoricat on s are scitlsfactory and ire hereby accepted. You are authorized Signature to :10 ti[t work as spec,f:ed. Payment v: 11 be made as oiAlkned above. De[e of Acrr.pt.ir,ce: -- Signature BUI.LDTNS OPECIFICITIOrS BUILDING SYSTEM BY AMERICAN BUILDINGS COMPANY The building system herein described is to be designed and furnished by AMERICAN BUILDINGS COMPANY (ABC), a leading supplier to the Building Systems industry. FRAME TYPE: LRF: Low profile:, gabled clearspan rigid frame with tapered sidewall columns and rafters. BUILDING DIMENSIONS: 150 0 0 /16" WIDTH, out to out of sidewall girts 20 0 0 /16" NOMINAL EAVE HEIGHT 240 0 0 /16" LENGTH, out to out of endwall girts 3 0/16 : 12 ROOF SLOPE VERTICAL CLEARANCE FROM SLAB TO LOW POINT OF RAFTER SHALL BE NOT LESS THAN (None: Specified) SIDEWALL BAY SPACINGS, from left to right when viewing front sidewall: 8 at 30' 0 0 /16'' The left endwall will be ABC's Type 1, which consists of covering and a non --expandable post and beam frame. The right endwall will be ABC's Type 1, which consist of covering and a non -expandable post and beam frame. DESIGN CRITERIA: The building will be designed in accordance with the 1988 UNIFORM BUILDING CODE. The following criteria will be used: 1. DEAD LOAD of all building structural components furnished by ABC. 2. UN --REDUCIBLE ROOF LIVE LOAD = 50 psf Occupancy Importance Factor = 1.0 3. WIND 1. Basic Wind Speed, V = 100 mph 2. Wind Exposure Classification = B 3. Wind Importance Factor, I = 1.15 4. Coastal Wind - Miles = Greater than 100 miles 4. Collateral/Mechanical Dead Load = 0.00 psf on the frames and purlins. This load :is to be added to the building's Dead Load. 5. Collateral/Mechanical Dead Load = 2.00 psf on frames only. This load is to be added to the building's Dead Load. 6. Seismic Forces Seismic gone = 4 The ROOT' COVERING will be ABC's 26 GAUGE LONGSPAN ROOF SYSTEM AMERICAN BUILDINGS COMPANY RE: L510 - 1 Page 1 ALASKA CONSTRUCTION AND EPECTORS with the following features: 36" WIDE COVERAGE LONG -LIFE FINISH The EXTERIOR WALL COVERING, unless noted otherwise, will be: 26 GAUGE LONGSPAN PANELS with the following features: 36" WIDE COVERAGE LONG -LIFE FINISH WALL ACCESSORIES: 4 - 6' x 7' Double Leaf Narrow Lite Glass Walkdoor with Exit Panic Hardware and Entrance Handle Door Closer LINER PANELS: EAVE DETAILS: ROOF ACCESSORIES: 5 - VENTILATOR, 20" Diameter 0 - VENTILATOR, 20" Diameter RIGID FRAME BENEFITS: The rigid frame selected for this project provides uninterrupted interior space between the sidewalls of the building and greater flexibility in the utilization of the interior space. Its roof slope creates a low profile exterior appearance for improved aesthetic: impact and minimizes heating and cooling costs. The side columns are tapered to reduce the costs of materials. LONG SPAN ROOF' SYSTEM BENEFITS: FEATURE/BENEFIT SUMMARY KEY FEATURES BENEFITS UL 90 Certification Purlin Bearing Edge Superior Grade Sealants Nested Panel Bundles Reliable Performance Lower Cost of Occupancy Weat herti.ghtness Performance Superior Weat:hertightness Performance Lower Shipping Cost Quality Assurance The Long Span roof panel has major ribs 12" on center and minor ribs in the panel flats. The locat:icn of the ribs, depth of the ribs and the; thickness of the panel provide panel strength and enable the panel to resist the forces from roof live load, snow load and wind load. The following features provide rell able weathert:ight:ness AMERICAN BUILDINGS COMPANY RE: ''i0 - 1 Page performance: 1. The panel -to -panel si.delaps occur 36" on center and include a full purlin bearing leg which provides for lap stiffness and assures a positive connection between the male and female ribs. 2. The 1 3/16" vertical rib depth elevates the side lap well above the drained roof surface formed by the flat of the panel. 3. Only superior grade sealants are used in the Long Span roof system. They provide positive adhesion to metal surfaces and are non -shrinking, non -staining, non -corrosive, non -oxidizing, non -toxic and non-volatile. The sealants have service temperatures of -60 degrees F to 212 degrees F, providing superior weathertightness performance in all extremes of environments and conditions. Finally, the Long Span panel's configuration allows them to be nested into bundles, which lowers shipping costs. WALK DOOR BENEFITS: The heavy-duty leafs (20 gage) and frames (16 gage) of ABC's walkdoors are pre -painted white. ABC's walkdoors are supplied by top-quality manufacturers, assuring quality, durability, resistance to abuse and a long service life. Installation is simple, lowering the initial cost of construction. SKYLIGHT BENEFITS: Roof skylights are manufactured of 8 ounce (minimum) reinforced fiberglass and a 2 ounce woven fiberglass cloth to assure the necessary structural strength for roof live load, roof snow load and pedestrian traffic. The skylights meet the require- ments of the UL90 wind ratting. By allowing natural light: into the building, the building's occupancy and operating costs are: reduced. ABC's insulated skylights include a light transmitting foam between a 4 ounce inner panel and the exterior panel. Insulated skylights reduce thermal loss and gain through the skylight and lower occupancy and operating costs by conserving energy expense. FRAMED OPENING The framed opening is designed to structurally replace all displaced wall and ,�t;ructural framing (girt.;3) without: interrupting continuity of the dr-3;3:inn of the structure in resisting wind loads. All framed openings lncl,Ude tlashings and trim required for compatibility with the wail covering in which they mount. GUTTER, SAVE AND IiAEF FLASHINC Gutters are manufactured from 24 gage: material and provide t,f� I�; lr1mPF_i� ��j���t't}`U�I N�erfo �pancieii0and st;riight and p, Fv 3 eave treatment, which enhances the aesthetic quality of the structure. The rake and gutter (white or burnished wall color choices, the eave lines. For improved overall in all wall colors, wall color. are available in a choice of trim colors slate) which accent all of the available - providing pleasing accent, liners along appearance, downspouts are available providing a blend or a contrast with the QUALITY ASSURANCE AISC Certification, Category MB: All American Buildings Company's building systems will be engineered and fabricated to meet the AISC certification standard for Category MB where required. This program requires that, the manufacturer receiving the quality certification be subjected to yearly inspection of their design practice, plant: fabrication, raw material, quality control, purchasing and design services in any of the manufacturer's design service and manufacturing facilities. Not all MBMA manufacturers in the building systems industry meet the qualifications and requirements to earn this highly respected certification. The AISC Certification assures the reliability in the design and engineering practice standards employed by American Buildings Company. The AISC Certification establishes minimum acceptable quality in plant fabrication conforming to manufacturing standards set forth by independent steel fabrication experts. This certification also means that design tools and computer - assisted design programs are J.n compliance with practice standards. AMERICAN BUILDINCS COMPANY RE: 1510 -- 1 Page 4 DESIGN SPECIFICATIONS SECTION 1: GENERAL This section specifies a rigid -frame -type Metal Building System. Drawings and other specification sections may apply to this section. 1.1 APPLICABLE PUBLICATIONS: A. American Institute of Steel Construction (AISC): "Manual of Steel Construction". B. American Iron and Steel Institute (AISI): "Cold -Formed Steel Design Manual", 1986 edition. C. American Society for Testing and Materials (ASTM): 1. A36-88 Structural Steel. 2. A446-87 Steel Sheet, Zinc -Coated (Galvanized) by the Hot -Dipped Process, Structural Quality 3. A463-88 Steel Sheet, Cold Rolled, Aluminum Coated Type 2. 4. A792-86 Steel Sheet, Aluminum -Zinc Alloy -Coated by the Hot -Dip Process. 5. A570-88 Steel, Sheet and Strip, Hot Rolled, Structural Quality. 6. A572-88 High Strength Low -Alloy Columbium -Vanadium Steels of Structural Quality. 7. A307-88 Carbon Steel Bolts. 8. A325-88 High Strength Bolts for Structural Joints. D. Underwiters Laboratories (UL): "Tests for Wind -Uplift Resistance pf Roof Assemblies - UL 580". E. American Welding Society's (AWS) "Standard Code for Arc and Gas Welding in Building Construction" F. Metal Building Manuracturers Association (MBMA): "Low Rise Building Systems Manual". 1.2 QUALITY ASSURANCE 1.2.1 The Metal Building System shall be designed, engineered and fabricated by a Building Manufacturer who has been regularly engaged for at least twenty (20) years in the design, engineering and fabrication of the type and quality herein specified. 1.2.2 Unless otherwise noted, all materials in this specification shall be furnished by the Building Manufacturer. 1.2.3 The Building Manufacturer shall be certified for AISC's QUALITY CERTIFICATION, CATEGORY MB program. This project shall be engineered and fabricated to meet the requirements of this certification. 1.2.4 All structural mill sections and welded plate sections shall be designed in accordance with the AISC's "Manual of Steel Construction". 1.2.5 All cold -formed steel structural members shall be AMERICAN BUILDINGS COMPANY RE: 1510 - 1 Page ALASKA CONSTRUCTION AND ERECTORS designed in accordance with the 1986 edition AISI's "Cold -formed Steel Design Manual". 1.2.6 All roof and wall panels shall be designed in accordance with the AISI's "Cold -formed Steel Design Manual". 1.2.7 Welded connections shall comply with the American Welding Society's (AWS) "Standard Code for Arc and Gas Welding in Building Construction" for welding procedures. 1.2.8 All materials shall be new and unused prior to fabrication. The Building Manufacturer shall warrant the materials manufactured by it, if properly erected in accordance with the plans, specifications and erection manual furnished by it, against defects in materials and workmanship for a period of one (1) year after delivery. 1.3 RECEIVING, STORAGE AND HANDLING OF MATERIALS ON JOBSITE 1.3.1 All materials shall be unloaded, handled, hauled and delivered to storage by competent workmen in a manner which will prevent bends, dents, scratches or other damage. Damaged materials shall be rejected and promptly replaced. All materials shall be properly stored and protected from weather damage. All shipments must be thoroughly checked by the consignee. If shortage or damage is found, a notation must be placed on the bill of lading and must be confirmed by the carrier. 1.3.2 PRIMED MATERIALS: Upon receipt, all bundles of primed material shall be stored on blocking at an angle sufficient to allow any trapped water to drain and should be protected from the weather by covers allowing air circulation. Water, ice and snow should not be allowed to collect and remain thereon. 1.3.3 ROOF AND WALL PANELS: Bundles of panels shall be inspected for moisture upon receipt. If moisture is present, dry the panels arid, if possible, store them in a warm, dry place. The panel bundles shall be elevated and sloped in a manner to allow moisture to drain. Cover all bundles with a tarp or plastic, leaving airspaces for adequate air circulation. 1.3.4 SKYLIGHTS: Upon receipt, bundles of skylights shall be inspected for moisture. If moisture is present, dry the panels and store them in a shaded, dry place. The panel bundles shall be elevated and sloped in a manner to allow moisture to drain. Cover all bundles with a tarp or plastic, leaving airspaces for adequate air circulation. 1.4 ERECTION 1.4.1 The erection of the metal building and the installation AMERICAN BUILDINGS COMPANY HE: 1510 - 1 Page 2. of accessories shall be performed in accordance with the Building Manufacturer's erection drawings and erection manuals by a qualified erector using proper tool$, equipment and safety practices. 1.4.2 Erection practices shall conform to Section 6, Common Industry Practices found in the "Low Rise Building Systems Manual", MBMA 1986. 1.4.3 There shall be no field modifications to primary structural members except as authorized and specified by the Building Manufacturer. SECTION 2: FRAMING. 2.1 Primary framing and columns, purlins, girts,'eave struts, other structural members and clips shall be factory punched for easy and rapid erection by field bolting, except where shop connections are used. Field welding will not be permitted unless specified by the Building Manufacturer and allowd by the Architect of Record or the Engineer of Record. 2.2 RIGID FRAMES 2.2.1 Rigid Frames shall be complete with baseplates and splice plates prepared for field -bolted connections. They shall consist of built-up sidewall columns of tapered or constant web depths (see drawings for allowable shape) and rafters with tapered or constant, web depths as required by the Building Manufacturer's design. Interior columns may be pipe sections and located where shown on the drawings. 2.2.2 The rigid frames shall be designed as pinned base, with no moment transferred to the foundation, unless specified otherwise. 2.2.3 Steel for all built-up sections shall meet as applicable the physical and chemical properties of ASTM A 572 modified to 55,000 psi minimum yield and 70,000 psi minimum tensile strength, or ASTM A 607-85, Grade 55, or ASTM A 572-88c modified to 55,000 minimum yield and 70,000 psi minimum tensible strength, or ASTM A 570-88, Grade 55. 2.2.4 Hot -rolled structural shapes shall comply with the requirements of ASTM A36-88. Pipes shall comply with the requirements of ASTM A500, ASTM A501, or ASTM A53. 2.3 ENDWALL FRAMING The endwall columns and beams shall consist of cold -formed "C" sections, hot -rolled sections or builtup sections meeting their respective material specifications. 2.4 SECONDARY FRAMING STEEL 2.4.1 Steel used to form the "7," and "C" shaped purlins, girts and eave struts shall be at least 8" deep and riot less than 16 gauge, 55,000 psi minimum yield steel comparable to or exceeding the requirements of ASTM A570-88. AMERICAN BUILDINGS COMPANY RF: 1510 - 1 Page 3 2.4.2 When designed as continuous beams, the purlins and girts shall be checked for the combined -bending and shear stresses at the frame centerline and at the end of their laps. 2.5 BRACING 2.5.1 Locate bracing as shown on the drawings to remove horizontal wind and seismic forces. The bracing may be either: 1. Cables of ASTM A475, 7 strand, Extra -High -Strength material, 1/4" diameter minimum. 2. ASTM A36 rods, 1/2" diameter minimum. 3. ASTM A36 angle, pipe or tube. 2.5.2 If x-bracing cannot be used, portal frames or fixed - base endwall columns may be used. 2.6 STRUCTURAL PAINTING 2.6.1 All structural steel and light gauge steel members shall be cleaned of loose mill scale, dirt and other foreign material by the procedures of SSPC-SP2 and then be given a one mil coat of red oxide primer meeting or exceeding the performance requirements of Specification SSPC 15-68T (replaces and is equivalent to Federal Specification TT-P-636D). The primer is not intended to be a finish coat. 2.6.2 Abrasions caused by handling and erection shall be touched -up by the contractor performing field touch-up. Use the same primer used by the Building Manufacturer. 2.7 STRUCTURAL BOLTS All field connections shall be made with black, unpainted ASTM A325 or A307 bolts, nuts and washers as shown on the Building Manufacturer's erection drawings. All bolts shall be installed and tightened :in accordance with the "Specification for Structural Joints Using ASTM A325 or A490 Bolts". 2.8 ANCHOR BOLTS AND FOUNDATION DESIGN 2.8.1 Anchor bolts shall be ASTM A307 and installed in accordance with the Anchor Bolt Plan furnished by the Building Manufacturer (Anchor Bolts not furnished by Buiiding Manufacturer). 2.8.2 The foundation shall be designed by a Registered Professional Engineer experienced in projects of this complexity. SECTION 3: DESIGN CRITERIA 3.1 All code references are to the 1988 ICBO Uniform Building Code (UBC). 3.1.1 Combinations of loads shall be in compliance with UBC Section 2303. 3.2 ROOF LOADS shall be applied in compliance with UBC Section 2305 (Roof Loads) and UBC Section 2315 (Snow Loads), and shall not be less than: AMERICAN BUILDINGS COMPANY RE: 1510 - 1 Page 4 1. DEAD LOAD: Weight of all building components finished by the metal building system manufacturer. 2. ROOF LIVE LOAD shall be 50 psf applied as .an unreducible load to primary and secondary framing. No reductions for tributary area are allowed. 3. ROOF SNOW LOAD shall be determined using: Pf = Pg * Ce * I Ground Snow Load, Pg (UBC Section 2317) = NA psf Snow Exposure Factor, Ce (UBC Table A-23-S) = NA Snow Importance Factor, I (UBC Table A-23-T) = NA 4. COLLATERAL AND MECHANICAL LOADS - N/A psf. A. This includes the weight of non-structural material and equipment supported by the structural, including (but not limited to) HVAC units, ductwork, conduit, sprinkler and utility piping, suspended ceilings, lighting and other buildinj accessories. B. This load shall be added to DEAD LOAD and combined with ROOF LIVE LOAD, ROOF SNOW LOAD, WIND LOAD and SEISMIC FORCES in compliance with Section 2303. 5. In addition to the Collateral and Mechanical Loads, the rigid frames shall be designed to support an additional collateral load of 2.00 psf. This additional load will not be applied to the roof purlins. 3.3 WIND LOADS shall be applied in compliance with UBC Section 2311 and shall not be less than: 1. BASIC WIND SPEED V, (UBC Figure 1) = 100 mph 2. EXPOSURE CLASSIFICATION (UBC Table 23-G) = B 3. WIND IMPORTANCE FACTOR, I (UBC Section 2311(i)) = 1.15 3.4 SEISMIC FORCES This building shall be designed and constructed to resist the earthquake effects determined from UBC Section 2312. 1. The Occupancy Importance Factor shall be 1.0, as determined from UBC Table 23-L. 2. This building is in Seismic: Zone 4 , as determined from UBC Figure 2. SECTION 4: ROOF PANELS AND FINISHES 4.1 ROOF PANEL DESCRIPTION 4.1.1 Roof panels shall have major ribs 12" on center and 1-3/16" high. In the flat area between the major ribs shall be two smaller ribs. Each panel shall provide 36" net coverage in width, side laps of at least one major rib and a purlin-bearing leg. 4.2 PANEL FINISH 4.2.1 The panels shall have an exterior finish meeting or exceeding for the following criteria: A. EXTERIOR SURFACE: 1. Prime Coat: The base metal shall be pretreated and primed with an epoxy or urethane type primer for superior adhe- sion and superior resistance to corrosion. The dry film thickness shall be 0.2 mils. 2. Exterior Coat: After priming, the exterior side shall AMERICAN BUILDINGS COMPANY RE: 1510 - 1 Page 5 be given a 20 year long life coating baked in excess of 500 degrees F. to a controlled dry film thickness of 0.7 to 0.8 mils. 3. Excellent weatherability and resistance to coating deterioration shall be evident when subjected to the following tests: 1. Humidity Resistance: Immediately after removal from cabinet, the exposed area shall contain less than 5% No. 8 blisters, after 1000 hours when tested according to ASTM D-22.47. 2. Salt Spray Resistance: Immediately after removal from cabinet, the exposed area shall contain less than 5% No. 8 blisters, after 750 hours when tested according to ASTM B-117. 3. Specular Gloss: The gloss rating shall be 25-35 degrees on a Gardner 60 degree gloss meter when tested in accordance with ASTM 523. 4. Hardness: The coating shall have a minimum paint hardness of F-2H using Eagle Turquoise drawing pencils. 5. Q.U.V. Weatherometer: There shall be no objectionable color change, chalking or blistering after 300 hours when tested in accordance with ASTM G 53. B. INTERIOR FINISH: The interior finish shall have a parchment polyester top coat over an epoxy or urethane primer. The dry film thickness shall be 0.3 mils. 4.2.2 COLOR SELECTION Exterior panel and trim colors will be selected from the Building Manufacturer's standard colors. Submit two (2) color charts with the proposal. 4.3 PANEL LENGTH AND ENDLAPS All roof panels shall be continuous from eave to ridge except where lengths become prohibitive for handling purposes. All end laps shall be at least 6". 4.4 CLOSURE STRIPS The corrugations of the roof panels shall be filled with a preformed closed cell, laminated polyethylene foam closure along the eaves and ridge for weather tightness. 4.5 SEALANTS The roof side -laps and end -laps shall be sealed with a mastic sealer 3/16" diameter for roof slopes of 1:12 or greater, and 112" x 1/8" tape for roof slopes less than 1:12. The material shall be a butyl base elastic compound with a minimum solid content of 99%, Chemseco Sealum TC95 or equal. The sealer shall have good adhesion to metal and be non --staining, non -corrosive, non -shrinking, non -oxidizing, non -toxic, and non-volatile. The service temperature shall be from -60 degrees F to +212 degrees F. The material shall meet or surpass the requirements of Federal Specification TT-C-1796A 'Type II, AMERICAN BUILDINGS COMPANY I2E: 1510 1 Page 6 Class B and NAAMM SS-1C-68. SECTION 5: WALL PANELS AND FINISH 5.1 WALL PANEI. DESCRIPTION Wall panels shall have major ribs 12" on center and 1-3/16" high. In the flat area between the major ribs shall be two smaller ribs. Each panel shall provide 36" net coverage in width and side laps of at least one major rib. 5.2 WALL PANEL MATERIAL 5.2.1 Panel material shall be 26 gauge and have a minimum yield stress of 80,000 psi (Grade E). 5.3 PANEL FINISH 5.3.1 The panels shall have an exterior finish meeting or exceeding for the following criteria: A. EXTERIOR SURFACE: 1. Prime Coat: The base metal shall be pretreated and primed with an epoxy or urethane type primer for superior adhe- sion and superior resistance to corrosion. The dry film thickness shall be 0.2 mils. 2. Exterior Coat: After priming, the exterior side shall be given a 20 year long life coating baked in excess of 500 degrees F. to a controlled dry film thickness of 0.7 to 0.8 mils. 3. Excellent weatherability and resistance to coating deterioration shall be evident when subjected to the following tests: 1. Humidity Resistance: Immediately after removal from cabinet, the exposed area shall contain less than 5% No. 8 blisters, after 1000 hours when tested according to ASTM D-2247. 2. Salt Spray Resistance: Immediately after removal from cabinet, the exposed area shall contain less than 5% No. 8 blisters, after 750 hours when tested according to ASTM B-117. 3. Specular Gloss: The gloss rating shall be 25-35 degrees on a Gardner 60 degree gloss meter when tested in accordance with ASTM 523. 4. Hardness: The coating shall have a minimum paint hardness of F-2H using Eagle Turquoise drawing pencils. 5. Q.U.V. Weatheromet:er: There shall be no objectionable color change, chalking or blistering after 300 hours when tested in accordance with ASTM G 53. B. INTERIOR FINISH: The interior finish shall have a parchment polyester top coat over an epoxy or urethane primer. The dry film thickness shall be 0.3 mils. 5.3.2 COLOR SELECTION Exterior panel and trim colors will be selected from the Building Manufacturer's standard colors. Submit two (2) AMERICAN BUILDINGS COMPANY RE: 1510 - 1 Page 7 color charts with the proposal. 5.4 Wall Panel Fasteners 5.4.1 Wall panels shall be attached to the secondary framing members by self -drilling carbon steel screws, No. 12 x 1 1/4" hex washer head, cadmium or zinc plated, assembled with a 0.040" minimum thickness nylon isolation washer, 5.4.2 Wall panel sidelaps shall be stitched by self -tapping carbon steel screws, No. 14 x 3/4" Type "A" or "AB", cadmium or zinc plated, assembled with a 0.040" minimum thickness nylon isolation washer. 5.4.3 The fasteners shall be color coordinated with a premium coating system which assures a 20 year performance against corrosion and weathering. The fasteners shall be suitable for use with fiberglass blanket insulation from 0" to 4" thick. Plastic color caps are not allowed. 5.5 PANEL LENGTH All wall panels shall be continuous from sill to roof line except where lengths become prohibitive for handling purposes. Any end laps shall be at least 4". 5.6 CLOSURE STRIPS At the eaves and rake and where panels end over or under a door, window, louver or other such wall openings, the wall panel corrugations shall be filled with a pre -formed closed cell, laminated polyethylene foam closure when required for weather tightness. 5.7 RAKE AND WALL TRIM 5.7.1 Standard rake trim shall be 26 gauge, C90 galvanized or aluminum -zinc alloy coated steel with the same finish as the wall panels. Color shall be White or Burnished Slate. If the roof is a Standing Seam or Loc-Seam system, the rake shall be attached to the endwall material with a slip joint, allowing the rake to expand and contract with the roof system. 5.7.2 Wall trim shall be 26 gauge, C90 galvanized or aluminum -zinc alloy coated steel with the same finish as the wall panels. Color shall be the same as the wall panels. 5.7.3 All gutter and downspout joints, rake flashing laps, ridge flashing laps, doors, windows and louvers shall be sealed with Sika Sikaflex 201 caulk or equal. It shall meet or exceed the requirements of Federal Specification TT-S-002.30C, Type II, Class A. 5.8 BASE MEMBER 5.8.1 Standard Base Angle: The base of the wall panel is to be attached to a pre -finished 18ga. minimum thickness structural trim configured to create a sheeting ledge and water stop. This component is to be AMERICAN BUILDINGS COMPANY RE: 1510 - 1 Page 8 provided by the building manufacturer. 5.8.2 At sills where the wall panels do not extend.to the slab, a pre -painted base member 0.043" thick or a girt plus flashing detail shell be used. Unless clearly stated otherwise, the base member and girt are not to be designed as a horizontal. spandrel bracing the top of the hardwall wainscot. 5.8.3 Fasteners connecting the base member or girt to the foundation or top of the wainscot are not by the building manufacturer. SECTION 6: WALL ACCESSORIES 6.1 DOORS 6.1.1 Personnel doors noted as "6070NL," shall have two leafs 3'0" wide, 7'-0" high and 1-3/4" thick with a 7-7/8" x 36-7/16" high vision-lite (Glazing by others). 6.1.2 The leafs shall be Steelcraft SL/T-20-4 and shall be manufactured from textured 20 gauge zinc -coated (galvanized) steel. They shall meet Federal Specification RR-D-575b and Commercial Standards CS-242-62 and PS4-66. Doors shall have square edges for nonhanded installation. Doors shall be flush and have vertical mechanical interlocking seams on both hinge and lock edges. Doors shall be provided with top and bottom inverted 16 gauge galvanized steel channels spot welded within the door. Doors shall be reinforced, stiffened, and sound deadened with an impregnated kraft honey comb core completely filling the inside faces of the door and laminated to the inside faces of the panels. Doors shall be reinforced for the :specified hardware. 6.1.3 Door frames shall be 16 gauge zinc coated (galvanized) steel, prepa:inted white and shall be constructed for non -handed installation. (Exception = Doors located in a cancealed-fastener panel shall have a handed door and door frame.) Door frames shall be provided with weather-stripping, head flashing for door openings, 1-112" pair of 4-1/2" x 4-1/2" hinges and reversible strike plates. Door threshold shall be aluminum and supplied with flat head screws and expansion shields for attachment to a concrete floor. 6.1.4 The exit device shall meet the requirement of ANSI A156.3, Type 2, Function 08 and shall be Yale 2000 Rim Device with a Silver Bronze baked enamel finish. 6.1.5 The door- closer shall (:losing speed. Finish shall complement the satin chrome device. SECTION '7: ROOF ACCESSORIIS be Yale 54, be a sprayed finish of the with adjustable lacquer finish to lockset and exit AMERICAN BUILDINGS COMPANY RE,: 1510 - 1 Page 9 ��R'C�� r ~ ALASKA CONSTRUCTION BUILDINGS AND ERECTORS P o eo. lKA P.O. Box 1768 (�"'� SOLD 907) 262 9213 9669 Carson City, Nevada 89701 An employee owned company MINNOW= (702) 882-a060 SLATE BLUE REFLECTIVE WHITE CANYON BROWN MALE RIB - BURNISHED SLATE LIGHT STONE SAND TAN ADOBE BEIGE A superior silicone -polyester color finish LONG SPAN PANELS (For roofs and walls) Available in all Long Life colors :HITECTURAL PANELS r walls only) ailable in all Long Life colors i' O� �6 I.O• �O. IR OMSTANDING SEAM 11 PANES (For roofs only) Available only in Reflective White and Burnished Slate Long Life colors 24' HADOW PANELS or walls only) Available in Light Stone, Burnished Slate and Sand Tan Long Life colors Rake trim, roll formed eave trim and gutter are available in Reflective White and Burnished Slate only. Aluminum Coated Steel is available for Long Span (26 or 211 gauge) or Standing Seam (24 gauge) panels. AIWM*a�.r,C r a u b ri Al -44-� A I 1 V 0 IL 1 i� r t e�� aim 1 p -xmX N =__ I ODD e r• v ,Ih� ,� T w ,� o � s p � c qmi a 'ONE 'yam DOO NNN TTr=i. yTT IwinN NNN cca ITT Advantages of Tilt - Up Concrete Buildings Durability: A solid and durable concrete wall will provide unmatched surface duribility. Rigid insulation encased within the concrete wall is invulnerable to attack by the ernri-ronment, snow loads or machinery. Security: Concrete walls provide excellent protection from vandals and theft when compared to metal building shells. Fire resistance: The fire rating for the specified walls exceeds 4 hours. Building Life: Concrete wall panels are ageless. Exposed aggregate finishes remain maintenance free. Safety: Parapets :extending above roof lines eliminate the danger of falling ice and snow from long pitched roofs. KENAI HOCKEY AR-P11A CONCRETE SANDWICH PANEL TILT - UP 150' X 240' - 36,000 sq. ft. Floor to truss clearance - 20ft. min. 2" Dow Styrofoam in walls 4" slab, 6X6, 6x6 mat, saw 40' o.c., e.w., sealed 4 ea. double doors, glazed, school quality 2 ea. exterior man doors 2 ea. 12' X 12' garage doors, industrial quality Roof: Vulcraft joists 10' o.c., 211_insulfoam, 45 mil E.P.D.M membrane Precast, prestressed concrete bleachers 9' high precast interior walls, cast in steel doorframes Exterior finish: exposed aggregate, acrylic sealer Fxclusions: interior paint, interior doors Buildintiq shell complete Concrete Inc. /114 //�/) Ray Rowley $776,000. d , / Suggested by: Finance City of Kenai ORDINANCE NO. 1529-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTH10RIZJNG THE EXECUTION OF A COMMON INVESTMENT A(MEEMENT AMONG POLITICAL SUBDIVISIONS OF THE SPATE OF ALASKA AND TO AUTHOR CREATM AND/OR BECOMING A MEJOER OF THE ALASKA MUNIC) PAL LEAGIi,M INVESTMENT POOL, INC. WHEREAS, many public entities in Alaska, i.e., political subdivisions of the State of Alaska including municipalities, school districts, and regional educational attendance areas, have generaRy been useable to receive returns on investment of short -terns excess funds at levels available to investors having larger amounts of fiwds to invest, and WHEREAS, AS 37.23.010 - 37.23.900 ("Alaska Investment Pool Act") enacted by the 1992 Alaska Legislature provides a means for public entities to join together in an asraaelgeement intended to allow them to combine their short-term excess funds for a higher yield on those funds, and WHEREAS, the Alaska Municipal League Investment Pool, Inc., an Alaska nonprofit corporation ("Corporation"), has been established pursuant to AS 37.23.010 of the Alaska Investment Pool Act by the Alaska Municipal League to provide investment management and other services to public entities, and WHEREAS, the Corporation will provide for the pooling of fiueds of public entities which are members of the Corporation and will seek returns on the investment of those funds commensurate with market conditions, and WHEREAS, the City ("Public Entity") is a public entity as defined in the Alaska Investment Pool Act and may wish to become a member and participate in the investment and other services provided through the Corporation; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THE GOVERNING BODY ("GOVERNING BODY") OF THIS PUBLIC ENTITY AS FOLLOWS: Section 1. Authorization of Membership and Agreement. The terms of the Alaska Municipal League Investment Pool, Inc. Common Investment Agreement ("Agreement") attached hereto, including the investment objectives and purposes contained within the Agreement, are hereby approved. The Public Entity is hereby authorized (1) to become a member of the Corporation and (2) to enter into the Agreement substantially in the form as set forth in Exhibit A and such other documents as are necessary to effectuate that membership and Agreement. The Finance Director or that officer's designee is authorized to execute those documents necessary to establish the Public Entity as a member of the Corporation and for the Public Entity to enter into the Agreement with no further approval or authorization required by this Governing Body. Should the Public Entity hereafter enter into the Agreement, it wiH thereby accept and be bound by the terms and conditions of the Agreement, and the Articles of Incorporation and Bylaws of the Corporation, copies of which "On and Bykws am attached hereto and incorporated by reference. Section 2. AU91Qrizaign of Inv . Upon execution of the Agreement by the Public FAtity, each officer and mployea. of the Public Entity who is designated to be responsible for the investau t of public fads of thus Public Entity pursues to the Public Entity's orb is, audwnzed to tranaftr pubic funds of the Public EnWy to the Corporation for placement in the Alaslrta opal Low Investment Pool ("Pool") created through the Agreement in order to acquire an interest in any Series of it, provided that such finds will be invested in aocordance with the terms of the Agreenent and the investment policies as set forth in the: Agreemat and its exhibits. AN such tivasfers will be made in accordance with the procedures pren► ously adopted by the Public Entity as may be amended from time to time. Section 3. Efff, fiv s of and Termination of Membership and Agreement. The Agreement will go into a &ct upon execution by the City's Finance Director and by the Corporation.. The Public Entity's rip in the Corporation and participation in the Pool under the terms of the Agreement will continue until the Finance Director terminates that membership and participation by written notice to the Corporation or by the adoption of an ordinance by the Public Entity terminating that membership and participation, whichever first occurs. Section 4. Further Acts. Each officer of the Public Entity is hereby authorized to take any and all action necessary to enter into the Agreement and the joint investments in the Pool, to carry on the membership of the Public Entity in the Corporation, and to perform any obligations of the public Entity under that membership and the Agreement. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of February, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: February 3, 1993 Adopted: February 17, 1993 Effective: March 17, 1993 Approved by Finance: C 4 (1/28/93) kl `��ESTMp�,f COMMON INVESTMENT (AGREEMENT OF ALASKA MUNICIPAL LEAGUE INVESTMENT POOL, INC. RECITATIONS WHEREAS, AS 37.23.010-37.23.900 of the Alaska Statutes ('Alaska Investment Pool Act') provides that a public entity may enter into an agreement with other public entities to form and manage an investment pool under which funds of the participating public entities are administered and invested fitly; WHEREAS, the Alaska Investment Pool Act provides that a public entity, by itself or with other public entities, may form a nonprofit corporation for the purposes of managing an investment pool; WHEREAS, the Alaska Investment Pool Act provides that a public entity participating in an investment pool or a nonprofit corporation formed for the purposes as set forth in that act may spend money reasonably necessary for the management of the pool, including the employment of staff, and that income from the investments of the pool may be used for management costs; WHEREAS, the Alaska Investment Pool Act defines public entity to mean a political subdivision of the State of Alaska, including a municipality and its subdivisions, a school district, a regional educational attendance area or an organization composed of political subdivisions of the state; WHEREAS, the Alaska Municipal League Investment Pool, Inc. has been formed as a nonprofit corporation under the Alaska Nonprofit Corporations Act (AS 10.20) with membership limited to political subdivisions of the State of Alaska, Including a municipality and its subdivisions, a school district and a regional attendance area but not an organization composed of political subdivisions ('Public Entities'); WHEREAS, each of the initial participants ('Initial Participants') as identified at the end of this Agreement and included in the list of Participants givers in Exhibit A to this Agreement is a Public Entity, and each person that subsequently becomes a signatory to this Agreement will be a Public Entity and desire to enter into this Agreement for the combined investment of public funds; WHEREAS this Agreement is intended to be a joint agreement entered into pursuant to the Alaska Investment Pool Act for the purposes of better performing the Initial Participants' responsi- bilities and the responsibilities of Public Entities who subsequently become signatories to this Agreement to invest their public funds, as set forth in Section 2.1 of this Agreement; WHEREAS, the governing body of each of the Initial Participants has duty adopted an ordinance (in the case of a municipality) or a resolution or other procedure (in the case of any other Public Entity) authorizing the respective Initial Participant to become a party to this Agreement, and each Public Entity which subsequently becomes a signatory to this Agreement will do so after its governing body has adopted an ordinance (in the case of a municipality) or a resolution or other procedure (in the case of any other Public Entity) authorizing the respective Public Entity to become a party to this Agreement; WHEREAS, the governing body of each of the Initial Participants has adopted and each Public Entity which subsequently becomes a signatory to this Agreement will adopt the investment objectives and purposes as set forth in Article II of this Agreement and the Investment Policy as set forth in Exhibit B to this Agreement; Common Investment Agreement - Alaska Municipal League Imreatnlsnt Pool, Inc. page 2 WHEREAS, the Initial Participants anticipate that other Public Entities may desire to invest public assets jointly with the Initial Participants or other Public Er*Mn which become signatories to this Agreement; and WHEREAS, the Alaska Municipal League has assisted in the incorporation of the Corporation to implement the provisions of the Alaska Investment Pool Act for the Initial Participants and other Public Entities which become s"ories to this Agreement; NOW, THEREFORE, the Initial Participants do hereby covenant and agree as follows: to have the Corporation manage and irwea all monies, assets, securities, funds and property now or hereafter transferred to or held by it pursuant to this Agr^rt, all for ttw benefit of such Public Entities as may from time to time beacon Participants, and the lir kM Panicipatu do further declare their agreement to be bound and abide by the terms of this Agreement. ARTICLE I - NAME AND DEFINITIONS Section 1.1 Marne of Pool. The monies, assets, securities, funds and property now or hereafter transferred to and held by the Corporation pursuant to this Agreement wig be known as the Alaska Municipal League Investment Pool. Section 1.2 DOnit ons. Wherever used within this Agreement, unless otherwise required by the context or specifically provided: (1) 'Agreement' or 'Alaska Municipal League Investment Pool, Inc. Common Investment Agreement' means this instrument executed by the Corporation and the Initial Participants and establishing the Pool, and will encompass any amendments to this Agreement which are duly approved pursuant to this Agreement, and will also encompass the written instruments by which Public Entities become parties to, or terminate their participation under, this Agreement; (2) 'Alaska Investment Pool Act' means the Alaska Statute AS 37.23.010-37.23.900, as amended from time to time; (3) 'Articles of Incorporation' means the Articles of Incorporation of the Corporation, as amended from time to time; (4) 'Bylaws' means the Bylaws of the Corporation, as amended from time to time; (5) 'Corporation• means the Alaska Municipal league Investment Pool, Inc.; (6) 'Custodian' means the party identified in Section 5.7 of this Agreement with qualifications and duties as set forth in Article X of this Agreement; (7) 'Directors, means the individual directors of the Board of Directors of the Corporation and their successor or successors for the time period during which they were in that office; and 'Board of Directors' means the board of directors of the Corporation; (8) 'Investment Adviser' and 'Investment Manager- mean the parties with whom the Corporation has contracted on behalf of the Pool pursuant to Article Vill; and 'Supervisory and Investment Adviser Agreement and Investment Management Agreement' refer to the agreements between the Corporation and the Investment Adviser and between the Corporation and the Investment Manager, respectively; Common Investment Agreement - Alaska Municipal League Investment- Pool, Inc. page 3 (9) 'Investment Officer means an officer or employee of the Corporation or other person who will be designated in accordance with the provisions d Article XI of this Agreement; (10) 'Investment Policy' means the Investment Policy for the Alaska Municipal League Investment Pool attached to and incorporated into this Agreement as Exhibit B; (11) 'Net Asset Value' means the net asset value of the Pod in the manner provided in Section 12.3 of this Agreement; (12) 'Participant' means a party which has entered into this Agreement through due and proper atIthorization mW which has not terminated such status and as listed in Exhibit A attached tol W-d Incorporated into this Agreement; and `Participation' refers to the status of an entity as a Participant; (13) 'Pool' means the Alaska Municipal League Investment Pool; (14) 'Public Entity' means a political subdivision of the State of Alaska, including a municipality and Its subdivision, a school district or a regional education attendance area; (15) 'Series' means any subdivision of the assets of the Pod established in accordance with the provisions of Setxion 4.2 of this Agreement; and 'Series Supplement' refers to the written document containing the terms of a certain Series; and (16) 'Unfts' means the equal proportionate units of undivided beneficial interest in the assets of the Pool or of each Series from time to time, including fractions of Units as well as whole Units (which the Participants intend to maintain at a Stable $1.00 Net Asset Value, in accordance with Section 2.2(a)(4) of this Agreement); and 'Unftholder refers to a Mcord owner of Units of the Pool or of a Series. ARTICLE II - PURPOSE, OBJECTIVES Section 2.1 Purpose. The purpose of this Agreement is to establish the terms for the joint investment of public funds by Public Entities pursuant to the terms of the Alaska InvestiTwit Pod Act, the Arts of ration and the SyNhft The purpose of the Pool Is to provide a means for eligible Public Entilties to kWm temporarily ovailable public funds. Section 2.2 Obiectives. (a) The general objectives of the Pool include: (1) Improving the efficiency and effectiveness of Participants in the investment of their public funds; (2) Minimizing administrative fees and transactional and other expenses of investing public funds; (3) Providing Public Entities with a continuous source of managed investments, within the limitations upon such investments prescribed by applicable law; and (4) Managing the assets of the Pool with the intent of maintaining a stable $1.00 Net Asset Value for each whole Unit. Common Investment Agreement - Alasks Municipal League Investment Pool, Inc. page 4 (b) The investment objectives of the Pool In order of priority are at follows: (1) Preservation of capital - seeking to preserve the capital investment of all Participants through prudent management and adoption of investment policies and restriction; (2) Liquidity - seeking to meet the needs of Participants for cash by maintaining a high level of portfolio li l uidity and investing in readily marketable securities; and (3) Retum - seeking to attain the highest level of current income consistent with the objectives of preservation old capital and liquidity. ARTICLE III - PARTIES TO AGREEMENT Section 3.1 gligibift. A Participant must be a member of the Corporation; provided that (1) no person will be Wired to become a member of the Corporation or a Participara I the Board of Directors, upon advice of legal counsel determines that such membership or Participation would cause the income of the Pool to be subject to federal income taxation, and (2) the Board of Directors will have sole discretion to designate categories of Public Entities eligible to become Participants. In making a determitiation under this section, the Board of Directors. after obtaining the advice of No counsel, will have final authority to determine the question. Section 3.2 EM Into bgreeMent. (a) A Public Entity determined to be eligible as a Participant under Section 3.1 of this Agreement may enter into this Agreement, without further action by the existing Participants, by executing and delivering to the Corporation an agreement to be bound by its terms pursuant to duly exercised authority. Such agreenwe need not be physically affixed to a copy of this Agreement, but Instead rosy be indicated by reference to this Agreement. In accordancewith the Bylaws, the Board of Directors will establish the form of such agreement and such additional procedures and requirements for entering into this Agreement as it from time to time deems appropriate. (b) In executing an agreement under (a) of this Section 3.2, a Public Entity will be deemed to expressly (1) designate the Investment Ofticem of the one or more Series Into which the Public Entity places any of its public fundss as the Pubic Entity's Invos inert 0f1111cor xeeponsible for such funds; (2) designate the depository and custodian of the one or more Series k o which the Public Entity places any of its public funds as that Public Entity's depository and custodian for such funds; (3) delegate to the Corporation the authority to hold legal title to the assets placed in the Pool; (4) approve the investment objectives, policies, rules and procedures for the Pod and the Corporation or of any Series of the Pool, as the Investment objectives, policies, rules,and procedures of the Public Entity with respect to its assets transferred for placement in the Pod or any Series of the Pool; and (5) provide authority to the Corporation, the Board of Directors, the Investment Manager, the Corporation's officers, employees and any of their agents to deposit, withdraw, invest, transfer and otherwise manage the funds which the Public Entity may Owe in the Pool; all in conformance with the terms of this Agreement and the investment objectives, policies, rules and procedures of the applicable Series and the requirements of the Alaska Investment Pod Act. Section 3.3 Termination of Participation. Participants will have the right to terminate their Participation in this Agreement, and the Board of Directors will specify procedures for such termination. Such procedures will require a Participant to redeem its Units in the Poop prior to such termination. The termination of Participation by a Participant will not affect the , iidity of this Agreement with respect to the remaining Participants. Common Investment Agreemnt - AioO4 Mw4c4W L*"ue ioiu s luploaet ftolii.,k= page 5 Section 3.4 9ffgct of AMendment of Alaska Mwestment Pad Act In the event that the Alaska Investment Pool Act is amended so as to expand the definition of 'Public fntsy as used in this Agreement, the Board of Directors will have the power to determine whether and under what circumstances any row, category of Public Entity may beattome a party to this Agreement. In the everts that the AlaeM Investment Root Act is ana oiled ego as to exclude ftmi OWdellinlilon of "Public Entity as contained in this Agreement any previously kxddded aft tlw Eeentd of Directors waiil promptly determine whether any arming Participant has loot its statue as a PLbk Entity (or will lose such status upon ofoCtivonses of such avaukatq. M i lto marl of oke No OSttrrrrtkoett, attaer obtainingitfet aloe of cqur*K that err, PW**W0;i0 no brogan a�pubftfrft (or will toot be a POW Entity L,4eln the malts d sloe am*rK rtul , th ieand of Dkoo s will so notify that Pan*"nr 10dagon any Lk is d #tttll w ant held IlItIsc> : Mod t 1#AW r'10 the, Pit the resulting fti nft anal 00W Ott fortift of tli m 4*"W*M eld Illwough the Corpior# ar�tf tsrttnMtaalte sae f+sue 1dt� Particip4�E. 'tit 8ra�dof +gill hrarre fl authority with respect to detenrtirratiorts under this Section 3.4. Section 3.5 U—W of AmeQ§M g(flaffM Tax Law. Should the federal income tax law be amended so as to cause the income of the Pool to be sttboct to is watl income twation, the Board of Directors win prorWly dogemit ne Who0w that subooetion could be itiminsited through the termination of 'articljoioln by one or ittlttre Participants and may, upon advice of Isgal counsel, terminate the meittbooship in the Cotpe rotiaon arr4 the P ion of Owe Pw0coartEs in the Pool to eliminate the sublogatirtn of the P+iaol to federal kvxmw 0000m Sholuld that lbatd of Directors determine to tehatidrtaE t the Participation of „a Participant tiara air die Section" k will so notify that Participant, rede t; any Units cot boat P held in the Pool and tracer to Ow Participant the resulting funds and other investment funds of that Partk**% administered through the Corporation and terminate the Participation of that Participant. The Bc wd of Directors will have final authority with respect to determinations under this Section 3.5. ARTICLE IV - BENEFICIAL INTERESTS Section 4.1 Untts of egigtaal Inter,,pst- The undivided beneficial interests of Participants in the assets of the Pool or of Any, Series of the Pool will be represented by such Units of one or more separate and distinct Series as the Board of Directors will;from time to time create and establish. The number of Units is unlimited, and eawUnit !will be without par vague and will be fully paid and nonassessable. 'The Board of Directors will have full power and authottttr, in their sole discretion and without obtaining any prior aauthodution of or vote of Unithol lers or of any Series, (1) to create and establish Units or, any l erioac with such prefereno , voting powers, rights and pctvtieges as the Board of Directors may from time to time determine, (2) to divide or combine the Units thereof into a greater or ltessor number, (3) to classify or mclasslfy any existing Units into one or more Series orclasses of Units and (4) to take such other, action with respect to the Units as the Board of Directors may Own, desirable; provided that thei, Board of Directors may take no action pursuant to this Section 4.1 which would impair the beneficial interests of Unitholders in the then - existing assets of the Pool, and provided further, that such powers as the Board of Directors may ordinarily exercise pursuant to this Section 4.1 will not be inconsistent with the intent of maintaining a stable Net Asset Value of $1.00 per Unit. Section 4.2 Establishment of Series. (a) The first Series is hereby established pursuant to Article V of this Agreement. (b) The establishment of any future Series will be effective upon the adoption of a resolution by a majority of the Board of Directors. With respect to each such future Series, the Board of Directors will designate investment objectives and policies as required by this Agreement, authorized investments (and if repurchase agreements are authorized, the custodian for pledged securities), categories of Public Entities eligible to own Units, authorized Investment Officers and Common Investment Agreement - Alaska Municipal League kwoMmett foot, km page 6 the relative rights and preferences of the holders of such Units; aN of which will be described in a written Series Supplement. (c) At any time that there are no Units outstanding of any particular Series previously established and designood, the Board of Directors may, by majority vote, abolish that Series and the establishment and designation of ft. Section 4.3 Ownership of,Unit s. Notwithstanding other provisions of this Agreement to the contrary, ownsi%hip of Units wM be limited to Psrticipainits. Ownership of Units will be recorded in the booms of the Pool. the Board of Dirsgom may haws such nses as it considers appropriate, to the extent permitted by law, for th a transfer of Units and similar mattem. The Asoord books of the Pool will be conclusWe as to who areths hoWers of Units arld as to the °number of Units held from time to tirne by each Unithokler, units the Unitholder shows otherwise to the motion of the Board of Directors. Section 4.4 Plag_e of &s In the Pool. The Board of Directors will accept transfers of funds to a Series from suoft governrmental entities as have become Participants on such terms as the Board of Directors may *Om time to Brits authorize. After the date at initial transfer of funds to a Series, the nurtttitster of Urns of that Series to repetfte Initial transfer of funds may be considered as outstanding, and the amount received by the Series on account Of such transfer will be treated as an asset of such Series. Subsequent transfers of funds to the Series will be credited to each Unitholder's account in the foam of full Units at the Net Asset Vefue per Unit next determined after the funds are received; provided, however, that the Board of iDirectors may, in its sole discretion, authorise the issuance of fractional Units. Section 4.5 Assets and Lijbilities of Series. (a) All consideration received by the Pool with respect to Units of a particular Series, together with all assets in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof, Including any proceeds derived from the sate, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form, will be referred to as *assets belonging to' that Series. In addition, any assets, income, earnings, profits, and proceeds thereof, funds or payments which are not readily identifiable as belonging to ary particular Series will be allocated by the Board of Directors between and among one or more of the Series in such manner as the board, in its sole discretion, deem flair and equitable. Each such allocation will be referred to as assets belonging to that Series,' and willbe conclusive and binding for all purposes. The assets belonging to a particular Seder will be so recorded upon the books of tfte Pool and will be held in the Pool by the Corporation for thus benefit of the Unithtolders of that Series. (b) The assets belonging to each particular Series will be charged with all expenses, costs, charges and reserves attributablle to that Series. Any expenses, costs, charges or reserves of the Pool which are not readily lfentill"�as belonging to arty particular series will be allocated and charged by the Board of Directors between or among any one or more of the Series in such manner as the Board of Directors, in its sole discretion, deems fair and equitable, and such expenses, costs, charges, and reserves will be payable only from the assets belonging to the applicable Series. Each such allocation will be conclusive and binding for all purposes. Any creditor of any Series may look only to the assets of that Series to satisfy such creditor's debt. (c) To the extent that the expenses, costs, charges and reserves of the Pool or one or more Series of the Pool, including ordinary or extraordinary legal, accounting or other professional service expenses, are allocated pursuant to this Section 4.5 to the Units of a Participant, that Participant authorizes the payment of such out of principal and earnings from that Participant's investment in the Pool. Section 4.6 No Preemptive Rights. Unitholders will have no preemptive or other preferential rights to acquire any additional Units of the Pool. Common Investment Agreement - Alaska MunIcIl l League Investment llrGbol, Inc. page 7 Section 4.7 Limitation of P . , al („lability, The Board of Directors will have no power to bind any Unitholder or to call upon any Unith6ldw for the paltymertt of any am of money or assessment whatsoever other than such as the,:Unkhaok* at any tkne agree to pay by way of subscription for any Units or otherwise. Every 00nt+rattt or,o#w undadorte litittp by or on bell of Oil Pool will include a recitation limiting the obligaticlin represented thereby to the Poll or a Banes of it and its assets, howvewer, ft orniasion of such 6 redtilliMm will rK* berate to bind any Panicipant. ARTICLE V - FIRST SERIES, SUBSEQUENT SERIES Section 5.1 Establishment gf Serries. (a) The initial Partieipamts hereby agree that the first Series will be established in conformance with Vil terml of this Agreement and the policies, objectives, restrictions and other term of this Arty V. (b) Participants in a subsequent Series will agree, in entering into the Agreement for that Series, that subsequent Series will be establisW in conformance with the terms of the Agreement at that time and the policies, obje tim, resbiligions and other terms of this Article V and as not otherwise prohibited by law. Section 5.2 Eligible Public Entities. Only Public Entities situated in the State of Alaska may become Participants in the first Series or in a subsequent Series. Section 5.3 Eligible Inv2st_� . The Pool may invest only in the instruments as set forth in the Investment Policy for purppsea of the first Series. Thje eligible investments for a subsequent i Series will be as provided in the investment policy for that Series and as included in the terms of the Agreement at that time. Section 5.4 Investril Po iciel ,and Re,Etrr ions. The investment policies and restrictions to be followed by the Pooh are as set forth in the investment Policy for purposes of the first Series. The investment policies and restrictions to be followed by the Pool for a subsequent Series will be as provided in the investment policy for that Series and as included in the terms of the Agreement at that time. Section 5.5 Investment Officer. The Investment Officer for the Pool will be designated by the Board of Directors, subject to the provisions of Article XI Of this Agreement. Section 5.6 Distributigns. Earnings on the assets of a Series will be accrued daily and will be distributed as determined by the Board of Directors but not less frequently than the first business day of the month following the month in which h such earnings are accrued. Such earnings may be distributed in the form of cash sem to a Participant, or credited to the Participant's account in the form of full or fractional Units. Section 5.7 Custodian. The Custodian will be designated by the Board of Directors, having duties and otherwise subject to the provisions of Article X of this Agreement. ARTICLE VI - DIRECTORS Section 6.1 Management of the Pool. The business and affairs of the Pool will be directed by the Board of Directors. Section 6.2 Effect of Death, Resignation, Etc. of a Director. The death, declination, resignation, retirement, removal, incapacity or inability of the Board of Directors, or any one of its members, will not operate to annul or terminate the Pool or to revoke any existing agency created pursuant to the terms of this Agreement. Common Investment Agreement • Alaska Municlpd Laegue Investment Pool, Inc. page 8 ARTICLE VII • POWERS OF BOARD OF DIRECTORS Section 7.1 P wer . The Board of Directors will have full power and authority to do any and all acts and to make and executs or authorize the making or owecut ng of ainy and all contracts and instruments that are wry tar or incidental to the bofsinOo and affairs d the Corporation and the Pool and the direction of, manargetrient of Ow Pool or the nr+iWrrW% of assets of the Pool. Subject to applicable law and this Agreement, the Board of Directors will have full authority and power to make, or cause to be ,made, :any arrd all invsetn+ter which it. in its sole discretion, will deem proper to accomplish the objectives of the Pool. Subject to any limitation of this Agreement or applicable law, the Board of Directors will have power and authority to do the following: (1) To invest and reinvest cash and securities, and to hold dash or other property uninvested, in accordance with the hWestment Policy and the terms of this Agreement; (2) To adopt Bylaws not inconsistent with this Agreement providing for the conduct of the business of the Corporation and the Pool' and to amend and repeal them to the extent that the Articles of Incorporation do not reserve that right to the members of the Corporation; (3) To appoint and remove one or more Investment Officers pursuant to Article XI of this Agreement; to appoint and remove such additional officers as the Board of Directors considers appropriate and in aocordartce with the Bylaws; and to appoint and terminate such agdrrts as the Board of Directors eiders appropriate; (4) To employ a bank or other person, as allowed under the Alaska Investment Pool Act and otherwise in accordance with applicable lalw, as Custodian of any assets of the Pool, subject to conditions set forth in this Agreement or In the Bylaws, it any; (5) To retain a Supervisory Investment Adviser and an Investment Manager with such powers, responsibilities and functions as are described in Article VIII of this Agreement; (6) To set record dates in the manner as provided in this Agreement; (7) To delegate, consistent with ' applicable law, such authority as the Board of Directors considers desirable to any officers of the Corporation and to the Supervisory Investment Adviser, Investment Manager, the Custodian or other agents; (8) To sell or exchange or cause to be sold or exchanged any and all assets of the Pool, subject to the provisions of Section 14.4 of this Agreement; (g) To vote or to give assent or to exercise any rights of ownership, with respect to securities or property and to execute and deliver powers of attorney to such person or persons as the Board' of Directors will deem proper, granting to such person or persons such power and discretion with relation to securities or property as, subject to applicable law, the Board of Directors will deem proper; (10) To exercise powers and rights which in any manner arise out of ownership of securities; (11) To hold any security or property in a form not indicating any trust, whether in bearer, unregistered or other negotiable form, either in the Pool's name or in the Common Investment Agreement - Alasks-Municipal Longue Investment 4 Ol, Inc. page 9 name of a custodian or nominee or nominees, subject In either case to proper safeguards to protect the Participants; (12) To establish separate and distinct Series with separately defined investment objectives anti naleilm Ind dWtina Invee ment purposes in accordance with the provisions of fe fV d this Agrmerram-, (13) To allocate asks and expenses of the Pool to a particular Series or to apportion the same between or &MwV two or mom Series, provided that any expenses Incurred by a particular Series will be payable solely out of the assets belonging to that Series as provided for in Article IV of this Agreement; (1 a) To consent to or participate in any plan for the reorganization, consolidation or merger of any corporation or concern, any security of which is held in the Pool; and to consent to any contract, lease, mortgage, purchase or sale of property by such corporation or concern; (15) To compromise, arbitrate or otherwise adjust claims in favor of or against the Pool or any matter in contra including. but not limited to, claims for taxes; (16) To make distributions of income and of capital gains to Unitholders in the manner as provided in this Agreement; (17) To establish from time to time a minimum total investment for Unitholders and to require the redemption of the Units of any Unitholders whose investment is less than such minimum upon giving notice to such Unitholder; (18) To amend this Agreement pursuant to Section 14.7 of this Agreement; (19) To retain one or more auditors for the Pool or any Series, and to require annual audits and reports as the Board of Directors considers appropriate; and (20) To do other things not inconsistent with the provisions of this Section 7.1 which the Board of Directors deems necessary in carrying out its duties. Section 7.2 Action by the Bg9 rd of QMpm The Board of Directors will act and otherwise conduct the business of the Pool in accordance with the teens of this Agreement and as otherwise set forth in the Articles of Incorporation and Bylaws. Section 7.3 Officers. The Board of Directors will appoint one or more of its number to be officers of the Corporation in accordance with the terms of the Articles of Incorporation and Bylaws. ARTICLE Vill - SUPERVISORY AND INVESTMENT ADVISER; INVESTMENT MANAGER Section 8.1 Sygervisory and lavesta4rit, Miser A r nt and Investment Mana ernnt Agreement. When authorized by at least a majority of the Board of Directors, the Corporation on behalf of the Pool may, subject to the lard of the State of Alaska, from time to time enter into one or more Supervisory and Investment Adviser Agreements and Investment Management Agreements ::hereby the other party to such,agreements will be detsignated as the Supervisory Investment Adviser and the Investment Manager, respectively, to the Corporation on behalf of the Pool, will agree to serve as such and will undertake to provide to the Corporation on behalf of the Pool such advice, assistance, facilities and services upon such terms and conditions as the Board of Directors may, in its discretion, determine. Common Investment Agreement - Alaska Municipal LoMM Nmesbas rt Pool, Inc. Page 10 Section 8.2 dies. (a) The Supervisory and Irwesbywit Adviser Agreement and the Investment Management Agreement will be set forth in writing and wiN Ott the duties and responsibilities of the Supervisory Investment Advieer and the Ilrym N nwo fir. The Board of directors will have power to retain the supWwisrtry Irrr 6slffmo AMt surd elute* irf nlolrarft t N oneW to provide such advice, , ! time and � 00 Bid of f�if� wK otiprt rut with the applicable law and this Agreement, in its O$Wtvlifle, �� willho ut Wliltation, those set forth in this Section 8.2, provided that such advkM i Is to �, m I facNitias ant! asrvicss will be provided in a000rftx* with this Alp"Ow tt sett thll trftolhnMant'Policy or such arnsndmerts to them all are approved by the a rd of bilretl s; (b) The duties w*4 responsibilities of the Supervisory Investment Adviser will include the following: (1) To provide technical direction to the Pool; (2) To review custodial and Investment operations of the Pool, to include performance agaainst established benchmarks; (3) To ensure that the Investiment Policy established by the Board of Directors and required by the Alaska Inves tmeM Pool Act is adhered to; (4) To ensure that necessary reports are rendered both to the Board of Directors and to each Participant; and (5) To ensure that participants in the Pod receive necessary Pool -related information; (c) The duties and responsibilities of the Investment Manager will include the following: (1) To act as the Pool's fiduciary and be responsible for investment and recordkeeping services; (2) To adhere to the Investment Policy and the Alaska Investment Pool Act; (3) To advise the Pod on the strategies being employed, to include risk and yield factors; and (4) To render periodic reports to both the Pod and Participants with regard to units held and account transactions. Section 8.3 Provision of Services. The Supervisory Investment Adviser and the Investment Manager will provide such advice, assistance, facilities and services as the Board of Directors may determine, in accordance with Section 8,2 of this Agreement. However, the Supervisory Investment Adviser and the Investment Manager will have the power, subject to applicable law and with the consent of the Board of Directors, to retain third parties, whether or not affiliated with the Supervisory Investment Adviser and the Investment Manager, to provide all or some of the advice, assistance, facilities and services for which it has been retained by the fool. Section 8.4 Duty of Care. Management and investment of assets of the Pod by the Supervisory Investment Adviser and the Investment Manager will be Clone with the care, skill, prudence and diligence under the circumstances then prevailing that an institutional investor would use in the conduct of an enterprise of a like character and with like aims. Common Investment Agreement - Alaska Municipal League Investment Pool, Inc. page 11 ARTICLE IX - UNITHOLDERS' VOTING POWERS AND MEETINGS Section 9.1 Voting Powers. A Unithokder, as a member of the Corporation on the record date for a meeting of members, will have power to vote on matters coming before the members including matters pertaining to the Pool as set forth in the Articles of Incorporation and Bylaws and by applicable law. Section 9.2 NgLtings. A Unitholder, as a member of the Corporation, will be entitled to attend meetings of members pursuant to the provisions of the Articles of Incorporation and Bylaws. ARTICLE X - CUSTODIAN Section 10.1 Qualifications. A©oointsno tr is wW Duties. (a) The Custodian will be designated by the Board of Directors and will, it such entity accopts such designation an the terms approved by the Board of Directors or any duly wed dillms of the Corporation, be a oorr metvial bank with a subsidiary trust comparry or a trust comparry that is authorized to exercise oorporate trust powers, have a combined capital and surplus of at least $SO million or an equivalent level of indemnification and be subject to supervision by federal banking regulators. (b) The Corporation on behalf of the Pool, at all times, will employ a Custodian with authority as agent, but subject to such restrictions, limitations and other requirements, if any, as may be contained under the laws of the State of Alaska, this Agreement or the Bylaws: (1) To hold the securities owned by the Corporation on behalf of the Pool in the name of the Pool or otherwise as authorized by the Board of Directors I and to deliver the same upon written order or other means approved by the Board of Directors with written confirmation; (2) To hold collateral securing certificates of deposit, repurchase agreements and other instruments as allowed under the Investment Policy or required by the Board of Directors; (3) To receive and receipt for any monies due to the Corporation on behalf of the Pool and deposit the same in its own banking department or otherwise as the Board of Directors may direct; (4) To disburse such funds upon orders or vouchers, all upon such basis of compensation as may be authorized by the Board of Dirmors; mid (5) To deliver and pay over all property of the Corporation as directed by the Board of Directors. (c) The Board of Directors may also authorize the Custodian to employ one or more sub - custodians or agents from time to time to perform acts and services on behalf of the Custodian; provided that such sub -custodians or agents must each have a combined capital and surplus or level of indemnification of at least that specified for the Custodian in (a) of this Section 10.1 and must be subject to supervision by federal banking regulators. Section 10.2 Central Certificate System. Subject to the laws of the State of Alaska, the Board of Directors may direct the Custodian to deposit all or any part of the securities owned by the Pool ,. in a system for the central handling of securities pursuant to which system all securities of any particular class or series of any issuer deposited within the system are treated as tangible and may be transferred or pledged by bookkeeping entry without physical delivery of such securities. Common Investment Agreement - Alaska Municipal League Investment Pool, Inc- page 12 ARTICLE XI - INVESTMENT OFFICER Section 11.1 &20ntment. The Board of Directors will designate for each Series one or more Investment Officers who will be responsible for the investment of assets transferred to that Series. By authorizing Participation in any Series, each Public Entity wig thereby designate the Investment Officers for that Series as such Public Entity's Wtwestment Officers responsible for the assets transferred to such Seriesi pursuant to,ths Alaska Investmert Pod Act. The Investment Manager may be designated as the 'Investment Officer' by the Board of Directors. Section 11.2 Scope of Authoft. The Investment Officer of each Series will be authorized to run the day -today investment operations of that Series in conformance with this Agreement and such purposes, Wires and requirements; as the Board of Dirscilm may set fbwth in the Series Supplement for that Series. Within the of such Soda Supplement. the Irwettcrnent Officer of each Series will be authorized, to the RAW extent allowable by law, to buy, "I. swap, invest, reinvest and otherwise manage thei assets of that Series. Section 11.3 Mgnaaement Vie- pprts. At least once each month, each investment Officer will prepare a written report concerning the Investment transaction of the applicable Series for which such Investment Officer is responsible for the preceding year, and describing in detail the investment position of such Series as of tine date of thie report. N the Board of Directors has appointed two or more Investment Officers fdbrr a Series, dose officers wiN prepare that report jointly. The report will be signed by each Investment Officer and wiN be delivered to the Board of Directors. ARTICLE XII - DISTRIBUTIONS AND REDEMPTIONS Section 12.1 Distributions. (a) The Board of Directors will have power, to the fullest extent permitted by the laves of the State of Alaska, at any time to declare and cause to be paid distributions on Units of a particular Series, from the assets belonging to that Series, which distributions, at the election of the Board of Directors, may be made monthly or otherwise pursuant to a standing resolution or resolutions adopted with such frequency as the Board of Directors may determine, and may be payable in cash or Units of that Series at this election of each Unitholder of that Series. The amount of such distributions and the payment of them will be wholly in the discretion of the Board of Directors. (b) Notwithstanding anything in this Agreement to the contrary, the Board of Directors may at any time declare and distribute pro rata among the Unithoiders of a particular Series as of the record date of that Series fixed as provided in Section 14.3 of this Agreement a distribution in the form of Units. Section 12.2 Redemptions. (a) In case any holder of record of Units of a particular Series desires to redeem some or all of its Units, it may deposit at the office of the Custodian or other authorized agent of the Pool a written request, or such other form of request as the Board of Directors may from time to time awthoriate, req ereting that the Series redeem the Units In accor- dance with this Section 12.2. The L4*hokW so requesting will be et0lod to rna«gaaire the Series to redeem such Units, and the Series will redeem such Units, at the Net Asset Value thereof next calculated, as described in Section 12.3 of this Agreement. The Series will make payment for any such Units to be redeemed in cash from the assets of that Series. (b) The Board of Directors will specify procedures pursuant to which the Unitholder may, under normal circumstances, redeem its Units and receive payment on them by wire and in the form of immediately available funds within the same business day. In any event, except for the provisions of (c) of this Section 12.2, payment for such Units will be made by the Pool from that Series to the Unitholder of record no later than seven days after the date upon which the request is etfective. Common Investment Agreement - Alaska Municipal League Investment Pool, Inc. page 13 (c) Notwithstanding anything to the contrary, the provisions of this Section 12.2 and any procedures for the redemption of Units and the payment on them will be subject to Section 12.4 of this Agreement. Section 12.3. Determinati2o d Not Asset Value and V luation of Pgrtf fiio Assets. (a) The net income of the Pool and Net Asset Value per Unit will be deterrmined as of the close of trading on each day the Federal Reserve Daw!tk of San Francisco is open for !busirwss (ancl at such other times as the Board of Directors may detenrtirte). The not income of the Pod of om the *no of the immediately preceding determination thereof) wilt consist of (1) all interest income accrued on the portfolio assets of the Pool, Niels (2) all amued expense* of the Pool. Such not Income will be determined on the accrual basis in accordarice with gwlerally aacepted accounting practices. Interest income will include amortization of purchase discount or premium. Securities in the Pool's portfolio will be valued as set forth In the-in<trestrnent Policy. (b) All the net income of the Pool, at the time of each determination thereof, will be allocated among and accrue to each Ur kholder at the time d such'dejerminsdori in proportion to the number of Units then held fly each Unitholder. s the that income of the Pool at the time of such determination is a negatim amount. the Board of Direigore will have power and ardtorky (1) to allocate such niV hive anourtts among the Unitholders in proportion to the number of Units held at the time of such determination and to, offset the allocable share of each Unitholder of such negative amount against any income accrued to such Ulnkholder, and (2) to reduce the number of outstanding Units of the Pool by reducing the number of Units of each Unitholder by that number of Units which represents the 1 amount of its aleoable share of such negative amount which is not offset against income accrued to such LWAhofder. (c) The Net Asset Value per Unit at the time of each determination thereof will be determined by taking the value of all assets of the Pool (vakied on the same basis as in the determination of the net income of the Pool at the time of such determination) less accrued expenses and arrearages and divided by the number of Units then outstanding. (d) For purposes of this Section 12.3, the term *Pool will refer to each Series of the Pool If more than one Series is outsta n% The net income and Net Asset Value of each Series and of Units of each Series will be calculated separately from, that of all other Series. Section 12.4. Suspension of the Right of Redemption. The Board of Directors may declare a suspension of the right of redemption or postpone the date of payment for the whole or any part of any period during which an eintiergency exists as a resuk of which disposal by the Corporation on behalf of the Pool of securities owned by it is not reasonably practicable or it is not reasonably practicable for the Corporation on, behalf d to Pool fairly to detemne the value of its net assets. A suspension pursuant to this Section 12.4 will take effect at such time as the Board of Directors will specify but not later than the dose of business on the business day next following the declaration of suspension. Thereafter there will be no right of redemption or payment until the Board of Directors will declare the suspension at an end. Any suspension pursuant to this Section 12.4 will continue only so long as the Board of Directors concludes such suspension is in the best interests of the Unitholders. In the case of a suspension of the right of redemption, a Unitholder may either withdraw a request for redemption or receive payment based on the Net Asset Value per Unit existing after termination of the suspension. ARTICLE XIII - STANDARD OF CARE, LIMITATION OF LIABILITY, AND INDEMNIFICATION Section 13.1. Standard of Care, Limitation of Liability. (a) The management and investment of ?` Participants' assets by the Corporation, its officers, directors, employees and agents will be done with the care, skill, prudence and diligence under the circumstances then prevailing that an institutional investor would use in the conduct of an enterprise of a like character and with like aims. Common Investment Agreement • Alaska Munlelpsf League NweMment Pool, Inc, page 14 (b) The members of the Board of Directors, officers and employees of the Corporation will not be liable for any► mistakes of judgment or other actions taken or omitted by them in good faith, nor will they be liable for any action talon or omitted by an agent, en Aftyee or independent contractor sited in 0 ood ter by them or any of them, nor will OW be NoWe for loss incurred through in neat of funds grough the Corpormian or faik" to invest. (c) No director, officer or employee of the Corporation will be liable for arty action taken or omitted by any other direetor, officaer or employee. Section 13.2 joird of DiWoElh ActW,dvic Ng Bond or Sur . The exercise by the Board of Directors of its powers and discretion under this Agreement in good faith will be bindirtg;upW all mod polies, Subjed to the provisions of'! Section 14.1 and to Article XIII of this AWePmon, the Ooardof Obectem will not be liable for emirs of judgment or mistakes of fact or law, 'i''#et ward of initiators my flake advice of counsel or other experts with respect to the meaning *nd operation at this Agreement and, subject to the provisions of Section 14.1 of this Agreement and, this ArWe All, willAs undier no liability for any act or omission In accordance with such advice or for foiling to follow such advice. Directors will not be required to give any bond or act as a &coy under this Agreement. Section 13.3. jn Mnftat 2n, Insurance. (a) The Corporation will defend, indemnify and hold harmless each director, officer and employee of the Corporation for expenses, Including attorney's fees, and the amount of any judgment, money decree, line, penalty or settlement for which he or she may become liaNble by reason of his or her being or hawing been a director, officer or employee of the Corporation who exercises powers or performs duties for the Corporation, except in relation to matters as t4 which that director. officer or employee is finally adjudged In arty action, suit or proceeding to be liable for failure to act in good faith in the performance of his or her duties as such director, officer or employee. (b) At the discretion of the Board of Directors, the Corporation may purchase and maintain insurance on persons associated with the Corporation and as expressly provided in its Bylaws. ARTICLE XIV • MISCELLANEOUS Section 14.1. Cornorartion and Pool Not a Partnership. ft is hereby expressly declared that the Corporation is, a iseparate and distinct nonprofit corporation and not a partnership. No Director will have any power to bind personally eitfter the Board of Directors or officers of the Corporation or any Participant. AN person providing services or property to, contracting with or having any claim against the Corporation on behalf of the Pool, Its officers, Board of Directors, employees and agents will look only to 'the assets of the appropriate Series for payment thereof tinder this Agreement. Neither the Participants nor the Board of Directors nor any officers, employees or agents of the Corporation, whether past, present or future, will be personally liable therefor. Section 14.2. Ownership of Assets of the Pool. The assets of the Pod will be held separate and apart from all other assets, including the assets of other Series of the Pool. Legal title to all of the assets of the Pool will at all times be considered as vested in the Corporation, as custodian for the appropriate benefit of the respective Uniitholders. No Unitholder will be deemed to have a severable ownership in any individual asset of the Pool or any right of partition or possession of it, but each Unitholder will have a proportionate undivided beneficial interest in the assets of the Pod or of a Series of the Pool. Section 14.3. Establishment of Record Dates. The Board of Directors may fix in advance a date, not exceeding fifty days and not less than ten days preceding the date of any meeting of members of the Corporation, or the date for payment of any distributions, or the date for the allotment of rights or the date when any change or conversion or exchange of Units will go into effect, as a Common Investment Ayreefnefrt - AtasM1*fftlfalpel Los" 1fwOdjVMj 'P", Inc. page 15 record date for the determination of the persons entitled to notice of, and to vote at, any such meeting, or entitled to receive payment of afly staff dam*, or to any such allotment or rights, or to exercise the s in case.Such pat OOIS and only Koch Ids as will be fnembers of the Corpcerati t of record on the so fhaet! rwig' Iva wit* Situ notice at, and to vote at, such meeting, or to moon payment of stich dOMOOM Of 10 I"tM *ft such WWMM or ri" or to exercise such rights, as the case may be, notwithstanding ;arty IrmWer Of any Units on the books of the Pool after any such record date is fixed. Section 14.4. Termination gj Poch. (a) The pool will continue for a period of 40 years and then terrninatte, unless sooner tormingited tolthis Section 14.4 or unless the 8tasrrd of Directors by at least� ai simple ffm* ty vote *hands illha period for an additional period of tkrte. (b) The Board of Directors may at any time sell and convert, or cause to be sold and converted, into M' all the at sm of the Pool or of any Swift upon making provision for the payment of ail awtstanding 04608WM MW afrtpaid experts, sccn*d or contingent, of the Pool or of the Series, the Mosrd, of may dtstft$e the remaining assets of the Pool or of the affected Series ratably among the holders of the outstanding Units of the Poolor of the affected Series. (c) Upon completion of the distribution of the remaining proceeds or the remaining assets as provided in,.(b) of this Section 14.4, the Pool or the affected Series WIN terminate, and the Board of Directors will be discharged of any and all further Nabillties and duties under this Agreement pertaining to the Pool or the affected Series, as the case may be, and the rights, titles and interests of all parties will be canceled and discharged. Section 14.5 Qpen ReferenM HeactI09L Principal Qtfi e. (a) The original or a copy of this Agreement will be kept at the principal dk* Of the Corporattion Where it may be inspected by any Un tholder. All records of the Pool will be maintained in ice with the Articles and Bylaws. (b) Anyone dealing with the Pool may rely on a certification by the Board of Directors or an officer of the Corporation as to whether or not any sins to this Agreement have been made and as to any matters in connection with the Pool under this Agreement, and with the same effect as it it were the original, may rely on a copy certified by the Board of Directors or an officer of the Corporation to be a copy of this instrument or of any supplement. In this Agreement or in any supplement, references to this Agfeerriam will be deemed to refer to this Agreement as amended or affected by any such Supiplermient to this Agreement. (c) Headings are placed in this Agreement for convenience of reference only, and in case of any conflict, the text of this instrument, rather than the headings, will control. (d) This instrument may be executed in any number of counterparts, each of which will be deemed an original. (e) The principal office of the Corporation will be located at 217 Second Street, Suite 200, Juneau, Alaska 99801 or such other office as the Board of Directors may from time to time determine. Section 14.6 Applicable Law. The terms and conditions of this Agreement will be governed by and interpreted in accordance with the laws of the State of Alaska. The Corporation is a nonprofit corporation incorporated pursuant to the Alaska Nonprofit Corporations Act and further established pursuant to the Alaska Investment Pool Act. Section 14.7 Amendments. (a) This Agreement and any Series Supplement may be amended by a two-thirds vote of the Board of Directors. Such amendments will take effect at a time fixed by the Board of Directors but in no event sooner than 60 days after notice of such amendment has Common Investment Agreemnt - Als"s MurJelpel Laagw Investaw t Proof, Inc. pose 16 been provided to all Participants holding Units of each Series affected by the arnendrrtent. Such notice will contain a description of the art'wxlrr*nt and the data such antiondmeru becomes effective. Padicipwas who hwe not writtdrewlrtt *9m ttw Apraon a tt (or* #0 WwW %snt is to a Series Supplement. the aifectod Series) llsy the, tte upon which the atralubm!tt ew oolems +sltecative will be deemed to have consented to the ww*rent. Copies of the arnm'Nkm% will be kept in accordance vt t Section 14.3 of this AWOWArtt. (b) Notwithstanding the provisions of (a) of this Section 14.7, creation of a new Series and issuance of a new Series Supplemerl wig be deemed an amendnvnt to this Agreement, but it may be effected by a majority Mate of ** Board of Oi feottors OW will not rerirs the notice to Participants described in (a) of this SacOm 14.7. Copies of tho Series Supplerr It will be kept as specified in Section 14.5 of this Agreement. Section 14.8 fir I,.Y a . The fisca f year of the Corporation and therefore the Pod will end on a date established by resolution of theii Board of Directors as hired in the Bylaws. and the Board of Directors may, withow Participant approval, change the end of the fiscal year of the Corporation and the Pool. Section 14.9 Defect As To Provision or Pa ticioation. (a) The provisions of this Agreement are severable. and y one or more of such provisions are found to be in conflict with applicable law, such provisions will be deemed newer to have constituted a part of this Agreement; provided however, that such findings will not afliac t or Impair any of the rung previsions of this Agreement, or render invalid or Inropropeir any action taken or admitted prior to such finding. (b) A Participation in this Agreement or transfer of assets to the Corporation for placement in the Pool or to any Series of the Pool by a person who is not qualified, by virtue of law or otherwise, to so participate, (1) will not. operate to terminate this Agreement or the Participation of other Participants and (2) will not invalidate or otherwise adversely affect the Pod and the interests of those other Participants. IN WITNESS WHEREOF, the parties to this Agreement, acting through their respective governing bodies and authorized representatMw hereby execute this Agreement as of , 199 _ ALASKA MUNICIPAL LEAGUE INVESTMENT POOL, INC. By: Its: 1 /14193 INVPOOL:invegre.fin (SEAL) INITIAL PARTICIPANTS: CITY OF By: Its: MUNICIPALITY OF By: Its: BOROUGH By: Its: EXHIBIT A Public Entities Who Have Entered Into the Alaska Municipal League Common Investment Agreement ! 1 ! - - • M I • 1 ARTICLES OF INCORPORATION OF ALASKA MUNICIPAL LEAGUE INVESTMENT POOL, INC. The undersigned, acting as the incorporators under the provisions of the Alaska Nonprofit Corporations Act (AS 10.20), adopt the following Articles of Incorporation for the Corporation: ARTICLE I The name of this Corporation Is ALASKA MUNICIPAL LEAGUE INVESTMENT POOL, INC. ARTICLE II The Corporation's duration will be perpetual. ARTICLE III The Corporation will have only one class of voting members consisting of public entities in Alaska defined as political subdivisions of the State of Alaska, including municipalities and their subdivisions, school districts and regional educational attendance areas. The manner of election or appointmwt arrd rights of members will be set forth in the Bylaws. ARTICLE IV The Corporation has been formed under the Alaska Nonprofit Corporations Act (AS 10.20) and the Alaska Investment Pool Act (AS 37.23.01037.23.900) at the direction of the Alaska Municipal League as a service to Its members and to other public entities. The purposes for which this Corporation is formed we -kwastment of funds of members and such other purposes as are essential govermrsertfad servilms to members and as the members may appMe'by as least a two- thirds majority vote, all of which purposes must be permitted for nonprofit organizations whose members are public entities as set forth in Section 115 of the Internal Revenue Code of 1986, as amended. ARTICLE V The regulation of the intemal affairs of the Corporation will be govemed by the Bylaws of the Corporation and will be controlling in the goveming of the Corporation. U- ;V L63-R4WA1 The address of the initial registered office for the Corporation will be Alaska Municipal League, 217 Second Street, Suite 200, Juneau, Alaska 99801. The name of the initial registered agent of the Corporation at that address will be Kent E. Swisher. ARTICLE VII The number of directors constituting the initial Board of Directors of the Corporation will be seven, and the Board of Directors may be expanded by at least a majority vote of the board as provided in the Bylaws of the Corporation; provided that the Board of Directors of the Alaska Municipal League will at all times have power to nominate, elect and otherwise appoint persons to a designated simple majority of the positions on the Board of Directors of the Corporation, and the members will at all times have power to nominate and elect persons to the other remaining designated positions on the Board of Directors of the Corporation. Articles of Incorporation - Alaska Municipal League Investment Pool page 2 The names and addresses of the persons who are to serve as the initial directors of the Corporation are as follows: Jerome Selby 710 Mill Bay Road Kodiak, Alaska 99645 Ellen Braden 632 W. 6th Avenue Anchorage, Alaska 99519 Judith A. Slajer 809 Pioneer Road Fairbanks, Alaska 99701 Kevin Ritchie 155 S. Seward Street Juneau, Alaska 99801 Ross Kinney 144 North Sinkley Street Soldotna, Alaska 99669 Willie Goodwin, Jr. 3rd and Mission Streets Kotzebue, Alaska 99752 Harold Ivanoff General Delivery Atqasuk, Alaska 99791 These initial directors will serve until the first annual election of directors or until the organizational meeting of the Board of Directors of the Corporation, which ever occurs first. The terms of office of directors may be staggered as provided in the Bylaws of the Corporation. ARTICLE VIII The names and addresses of the incorporators of the Corporation are as follows: Willie Goodwin, Jr. 3rd and Minion Streets Kotzebue, Alaska 99752 Rosales T. Walker 1220 Glacier Ave., No. 208 Juneau, Alaska 99801 ARTICLE IX Jerome Selby 710 Mill Bay Road Kodiak, Alaska 99645 Upon the winding up and dissolution of the Corporation and disbursement of member accounts to the corresponding members of the Corporation, and after paying or adequately providing for the debts and obligations of the Corporation, the remaining assets will be distributed to those public entities who had been members at some time during the three-year period preceding the dissolution date established by the Board of Directors, in proportion to their respective contributions to the Corporation during the three -yew period immediately pieced rig the dissolution date. In the event that any one or more of the public entities is unwilling or unable to accept such a distribution, the portion that would have gone to those Public Entities will be distributed pro rata to the members that remain at the time of dissolution of the Corporation. ARTICLE X The power to adopt, alter, amend or repeal the Bylaws is vested exclusively in the Board of Directors of the Corporation. IN WITNESS WHEREOF, the undersigned incorporators of the Corporation have hereunto set their hands this day of , 1992. STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) BEFORE ME, the undersigned authority. personally appeared Jerome Selby, who. first by me being 14P goon end states OW he is an incorporator in the foregoing ARTICLES t *0 to hale Wd the above and foregoing ARTICLES OF IiWd Ivio*M f#* =-t0 Ml liWain; and that each and all of said taus and natter am true and atrre0t to tlu beat a hb inforrrwbon and beef. SUBSCRIBED AND SWORN to before met* LL#Aday of _ ,ss2. for Alaska My 64mission Ex*es:_qZ2'7-tY Will�Goodwin , Jr. STATE OF ALASKA ) SEGONG-JUDICIAL DISTRICT ) Tk, RO BEFORE ME, the w4wooW .personally appeared W lie Goodwin, Jr., who, fist by me bang duly sworn. dopow and states awn he is an incorporator in the OFT'M; nett he ha read the sib" and foregoing 1 wW kr ows ft corftft therein; and dent each anti e1 of Wd haft and "!"r'ht* are irub amid thrred to the beet of his wdorl"ation and belief. SUBSCRIBED AND SWORN to before me thisday of 1992. Public in Wes7:z-'jQ My mission_ - 0" STATE OF ALASKA ) FIRST JUDICIAL DISTRICT ss. BEFORE ME, the undersigned authority, personaAy appeared Rosalee T. Walker, who, dust by me being duly sworn, deposes and states that she is an incorporator in the foregpirtg ARric lm OF INCORPORATION; that she has read the above and foregoing Aff"ti X OF VXORP ATION and knows the contents therein; and that each and all Of sa#d facts Ond matters are true and orx vd to the best of her information and belief. SUBSCRIBED AND SWORN to before me thisQ2 day of `r 1992. Notary util�"a MY Commission Expires: C 17 - 0 rr. 4? ? FILE NO: 50063-0 State of Alaska Department of Commerce and Economic Development Division of Banking, Security and Corporations CERI'1FIG7'E OF INCORPORATION ORATION Nonprofit Corporation The undersigned, as Commissioner of Commerce and Economic Development of the State of Alaska, hereby certifies that duplicate originals of the Articles of Incorporation of ALASKA MUNICIPAL LEAGUE INVESTMENT POOL, INC. have been received in this office and are found to conform to law. ACCORDINGLY, the undersigned, as such Commissioner of Commerce and Economic Development, and by virtue of the authority vested in him by law, hereby issues the Certificate of Incorporation and attaches hereto a duplicate original of the Articles of Incorporation. U IF T tiF IN TESTIMONY WHEREOF, I execute this certificate and affix the Great Seal of the State of Alaska on July 29, 1992. O,�► q LSP� Paul Fuhs COMMISSIONER OF COMMERCE 08-12ON (Rev. 9/88) AND ECONOMIC DEVELOPMENT 5841 M-4 Issued By: Corporations Section. P.O. Box D. Juneau. Alaska 99811, Telephone (907) 465.2530 ��EfiME,if BYLAWS OF ALASKA MUNICIPAL LEAGUE INVESTMENT POOL, INC. ARTICLE 1- OFFICES Section 1. Reoistered Office. A registered office Will be maintained by the Corporation in the State of Alaska at such location as the Board of Directors, from time to time, designates. Section 2. Other Offices. The Corporation also may have offices at such other places both within and without the State of Alaska as the Board of Directors may from time to time determine or as the business of the Corporation may require. ARTICLE II - MEMBERS Section 1. Ouali 'cations. (a) The Corporation will have one class of voting members consisting of public entities in Alaska defined as political subdivisions of the State of Alaska, including municipalities and their subdivisions, school districts and regional educational attendance areas. The Corporation may enter into an Alaska Municipal League Investment Pool, Inc. Common Investment Agreement with a member. (b) A person seeking to be a member under this Section 1 may become a member only upon approval of the Board of Directors and remain a member only so long as that person satisfies �- the conditions of this Section 1 and Article VII of these Bylaws. (c) As a basis for its approval of an application for membership in the Corporation by a person, the Board of Directors will require the person to provide a certified copy of an ordinance (in the case of a municipality and its subdivisions) enacted by the corresponding governing body or a certified copy of a resolution or other procedure (in the case of other public entities as defined in (a) of this Section (1)) adopted by the corresponding governing body. The ordinance or resolution must be in a form as adopted, approved or otherwise authorized by the Board of Directors. The following approvals and authorizations must be contained within the ordinance or resolution: (i) Approval of public entity membership in the Corporation and the terms and conditions of the investment pool agreement between the Corporation, the person and other participants in the investment pool administered by the Corporation; (i1) Authorization for one or more officers of the person to execute and deliver the investment pool agreement and any amendments to it to the Corpora- tion and to do other acts to allow the person to become a member of the Corporation; and (iii) Authorization of the transfer of public funds of the person to the Corpora- tion for placement and investment in the investment pool administered by the Corporation. Section 2. Location of Meetings. All meetings of members, for the purpose of electing directors r and for the transaction of such other business as properly may come before the members, will be held during the week of the annual conference of the Alaska Municipal League normally held in November of each year or on such other day and at such time as will be designated by the Board cf Directors. Bylaws - Alaska Municipal League Inveaiment Pool, Inc. page 2 Section 3. Special Meetings. Special meetings of the members may be called at any time by the President, the Board of Directors, or members holding not less than one -tenth of all the votes entitled to be cast at such meeting. Section 4. Notice of Meetings. Written or printed notice stating the place, day and hour of the meeting and, in the case of ao! special meeting, the purpose or purposes for which the meeting is called, will be delivered not less than 10 nor more than'60 days before the date of the meeting, either personally, by maul or by facsimile transfer to each member of record entitled to vote at such meeting. Only members of record on the record date established by the Board of Directors pursuant to Section 6 of this Arillicle 11 will be entitled to notice of such meting. Section 5. QWoruml and, A�jatar s. Members holding a majority of the votes entitled to be cast, present In person or by electronic media, will constitute a quorum at all meetings of the members for the transaction of business except as otherwise provided by atMppllicable law or by the Articles of Incorporation for the Corporation. If, however, such quorum initially is not present or represented at any meeting of the members, those members present in person or by electronic media and entitled to vote will have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum is present or represented. At such reconvened meeting at which a quorum is prevent or represented, any business may be transacted which might have been transacted at the original meeting. Section 6. Voting Rights. (a) The persons entitled to receive notices of and to vote at any member meeting will be determined from the records of the Corporation on the record date of mailing of the notice or on such other record date determined by the Board of directors, but in no event more than 50 nor less than 10 days before such meeting fixed in advance by the Board of Directors. (b) A public entity will be entitled to vote as a member of the Corporation at an annual or special meeting of members; provided that the public entity has on the record date determined by the Board of Directors for that meeting a positive balance in an investment account held in the investment pool maintained through the Corporation. (c) Except, and to the ektent, provided otherwise by express provision of applicable law or of the Articles of incorporation of the Corporation, each member entitled to vote at a meeting of members will have one vote registered in the name of the member in the membership books of the Corporation. (d) If a quorum is present at any meeting, the affirmative vote of a majority of the votes represented at the meeting and entitled to vote on the subject matter will be the act of the members, unless by express provision of statute or of the Articles of Incorporation of the Corporation a different vote is required, in which case such express provision will govern and control. Section 7. Meeting by Electronic Media. The members may meet and transact business at an annual meeting or a special meeting by electronic media if the following procedure is followed: (1) notice to members of the time and locations where the meeting will be held by electronic media has been given in the same manner as if the meeting were held in a single location; (2) members in attendance can hear and have the same right to participate in the meeting as if the meeting were conducted in person; and (3) copies of pertinent reference materials, statutes, regulations and audio-visual materials are reasonably available to the members. A meeting by electronic media as provided in this Section 7 has the same legal effect as a meeting in person. Section 8. Voting by Members. A vote of a public entity which is a member of the Corporation may be voted by such officer or agent as the bylaws of that public entity may prescribe or, in the absence of such provision, as the governing body of that public entity may determine by ordinance Bylaws - Alaska Municipal League Investment Pool, Inc. page 3 or resolution as provided by law; provided that voting by proxy at a meeting of members of the Corporation is prohibited. ARTICLE III - DIRECTORS Section 1. Powers. All corporate powers will be exercised by or under the authority of, and the business and affairs of the Corporation will be managed under the direction of, the board of directors of the Corporation ("Board of Directors•) except as expressly provided otherwise under Alaska Statutes AS 10.20, the Articles Of Incorporation of the Corporation or these Bylaws. Section Z N umber. (a) The number of directors which will constitute the whole Board of Directors will be seven until the number is changed by adoption of a resolution amending these Bylaws by at least a sirlriple majority of the Board of Directors; provided that the board of directors of the Alaska Municipal League well at all tires have power to nominate, elect and otherwise appoint persons to a designated simple majority of the positions on the Board of Directors, and the members will at an annual or special meeting of members of the Corporation have power to nominate and elect persons to, the other remaining designated positions on the Board of Directors. (b) No reduction in the number of directors will have the effect of removing any director prior to the expiration of that person's term of office. Section 3. Term. (a) At the first annual election of directors and at each annual meeting thereafter persons will be elected to the Board of Directors to hold office until each successor is elected, qualified, and accepts office. (b) The Board of Directors will be divided into three classes: Class 1, Class II and Class III. Each such class will consist, as nearly as possible, of one-third of the whole number of the Board. The initial Class I directors as'determined by the initial Board of Directors will serve until the next Annual Meeting following such date. The initial Class II directors as determined by the initial Board of Directors will serve until the second Annual Meeting following such date. The initial Class III directors as determined by the initial Board of Directors will serve until the third Annual Meeting following such date. In the case of each such class, such directors will serve, subject to their earlier death, resignation or removal imaccordance with the Articles of Incorporation, these Bylaws and the laws of the State of Alaska, Until their respective successors will be elected and will be qualified. At each Annual Meeting after the date of such filing, the directors chosen to succeed those whose terms will have expired will be elected to hold office for a term to expire at the third succeeding Annual Meeting after their election and, subject to their earlier death, resignation or removal in accordance with the Articles of Incorporation, these Bylaws and the laws of the State of Alaska, until their respective successors will be elected' and will be qualified. If the number of directors is changed, any increase or decrease will be apportioned among such classes so as to maintain all classes as equal in number as possible, and any additional director elected to any class will hold office for a germ which will coincide with the terms of the other directors in such class. (c) As used in these Bylaws, the terms •whole Board' or 'entire Board' will mean the number of directors the Corporation would have under these Bylaws at the time of determination if there were no vacancies. Section 4. Vacancies. (a) A vacancy on the Board of Directors will exist upon the death, resignation or removal of any director. (b) Any director may resign at any time by giving written notice to the Board of Directors, the President, or the Secretary of the Corporation. Any such resignation will take effect upon receipt of such notice or at any later time specified in the notice. In the event the resignation of a director is tendered to take effect at a future time, a successor may be elected to take office when the resignation becomes effective. Bylaws - Alaska Municipal League Investment Pool, Inc. page 4 (c) O Vacancies on the Board of Directors will be filled as follows: (A) If pertaining to a director position within the allocation of directors to the Alaska Municipal League under Section 2 of this Article III, by a majority vote of the board of directors of the Alaska Municipal League at a rogular or special meeting of the board of directors of the Ala" Ildwwipa l Logue; and (B) If pertaining to a director position within the allocation of directors to the members under Section 2 of this Article III, by the Board of Directors. 01) Each director so elected will hold office for the balance of the unexpired term of that person's predecessor and until that person's successor is elected, qualified and accepts office. (d) In no case may a vacancy continue for longer than six months or until the next annual meeting of the members, whichever first occurs. Section 5. Qualifications. (a) The qualifications for individuals appointed or elected to the Board of Directors are as follows: O Must be at least 21 years of age; and (i) If to be elected by the members of the Corporation, must be nominated by a least one member of the Corporation; and (ii) If to be appointed by the board of directors of the Alaska Municipal League, must the designated as the representative of the Alaska Municipal League. (b) O In addition to the provisions of (a) of this Section 5, the composition of the Board of Director's must at all times meet the following criteria: (A) A simple majority of the Board of Directors must be composed of individuals appointed by the board of directors of the Alaska Municipal League and designated as its authorized representatives; (B) A simple majority of the Board of Directors must be composed of individuals each of whom is an authorized representative of a public entity which is an active participant in the investment pool services offered by the Corporation, i.e., a public entity that has entered into an Alaska Municipal League Common Investment Agreement through due and proper authorization, has a positive balance in an investment account held in the investment pool maintained by the Corporation and has not terminated that status; and (C) A simple majority of the Board of Directors must be composed of individuals each of whom displays demonstrated professional com- petence in the fields of investment, finance, accounting or business. (ii) Notwithstanding other provisions of this Section 5, in the nomination or election of any individual to the Board of Directors due consideration will be given to individuals who display demonstrated professional competence in the fields of investment, finance, accounting or business. Bylaws - Alaska Municipal League Investment Pool, Inc. page 5 Section 6. ExecWve Q9 Ittee. Oth@1 ComMktaaa. (a) The Board of Directors, by resolution adopted by at least a ma)ortty vote of ft entire lid of Directors, may designate, from among its members, an Executive Ctlrrtfttee of that bow0domp9sed of at lust two dhaors. The Executive Committee will have authority as set forth by resolution of the Board of Directors or these ftlpws, except as provided in (b) of this Sec km G. (b) The following areas of responsibility are expressly reserved to the Board of Directors and will not be delegated to the Executive Committee: (i) Approving or recommending to members actions or proposals required by Alaska Statutes 10.20 to be approved by members; (i) Designating candidates for the office of director or filling vacancies on the Board of Directors or any committee of the Board; (ii) Adopting, altering, amending or repealing the Bylaws; (iv) Approving a plan or merger, sale of assets or other reorganization of the Corporation; (v) Authorizing, approving or ratifying contracts or other transactions involving the Corporation. (c) The designation of the Executive Committee, the delegation to that committee of authority or f action by that committee under that authority does not alone constitute compliance by a member of the Board of Directors or that committee with the responsibility imposed by law including to act in goad faith, in a manner the member reasonably believes to be in the best interests of the Corporation, and with the care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. (d) The Board of Directors, by resolution adopted by at least a majority vote of the entire Board of Directors, may designate, from among its members or otherwise, other committees for specific purposes of the board not otherwise inconsistent with these Bylaws. Section 7. Meetings. (a) Regular or special meetings of the Board of Directors or of the Executive Committee will be held at such place as may be designated from time to time by the Board of Directors or any other person calling the meeting. Meetings of the Board of Directors may be called by the President or by at least three directors on the Board of Directors. Meetings of the Executive Committee or another committee appointed by the Board of Directors may be called by the chair of that committee or by at least two members of that committee, as the case may be. (b) The first meeting of each newly elected Board of Directors will be held, without notice, immediately following the adjournment of the annual meeting of members. (c) Regular meetings of the Board of Directors, or of the Executive Committee, or of another committee appointed by the board may be held, without notice, at such time and place, as will from time to time be fixed by the board or these Bylaws. (d) Special meetings of the Board of Directors, or of the Executive Committee, or of another committee appointed by the board will be held upon either notice in writing sent 5 days before the meeting or notice by electronic means, personal messenger, or comparable person -to -person communica- tion given at least 72 hours before the meeting. In the case of a special meeting, the notice must include disclosure of the business to be transacted and the purpose of the meeting. (e) (i) Any meeting of the Board of Directors, or of the Executive Committee, or of another committee appointed by the board which has been duly noticed and Bylaws - Alaska Municipal League Investment Pool, Inc. page 6 which could properly be held by the directors attending in person, may, at the discretion of the President of the Corporation or the chair of the committee in quatstiigft as the case nW be, or at the requM of at IaW three Vimon the Bird of airectors or at OW two me tees of the Exom Camp or other coma tee, as the case ftW be, be conducted via cor eranas .tar>ephorte or similar means of sitmiltarxxxx electronic corranunkaft% provk1led that the authority to meet and transact buts by such electronic media must follow the following procedures: (A) Notice of the time and locations where the meeting will be held by electronic media has been given in the same manner as if the meeting were held in g single location; (B) Officers, directors and other participants in attendance can hear and have the some right to participate in the meeting as if the meeting were conducted in person; and (C) Copies of pertinent reference materials, statutes, regulations and audio- visual materiafss are reasonably available to officers, directors and partici- pants at the meeting. 01) A meeting by electronic media as provided in this subsection (e) has the same legal effect as a meeting in person. Section 8. Quorums. (a) A majority of the directors at a meeting of the Board of Directors duly assem- bled will constitute a quorum for the transaction of business. 'rho act of at least a majority of the directors present at any n%wing of the Board of Directors at which a quprom is present will be the act of the Board of Directors, except as may be otherwise specifically providedby the Articles of Incorporation of this Corporation or by these Bylaws. If a quorumm initially Is not present at any meeting of directors, the directors present at that meeting may adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum is present. (b) A majority of the directors at a meeting of the Executive Committee or another committee appointed by the Board of Directors duly assembled will constitute a quorum for the transaction of business. The act of a majority of the members of such a committee present at any meeting of that committee at which a quorum is present will be the act of that committee, except as may be otherwise specifically provided by the Articles of Incorporation of this Corporation or these Bylaws. If a quorum initially Is not present at any meeting of such a' committee, the members present at that meeting may adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum is present. Section 9. Removal of Directors. (a) Persons who are a part of the designated simple majority of the positions on the Board of Directors nominated, elected and otherwise appointed to that board by the board of directors of the Alaska Municipal League may be removed and replaced by other persons by a vote of at least a simple majority of the board of directors of the league at a regular or special meeting of the board of directors of the league. (b) Persons who are a part of the designated minority of the positions on the Board of Directors nominated and elected to that board by the members of the Corporation may be removed and replaced by other persons by nomination and election of other persons at an annual or special meeting of members as otherwise provided in these Bylaws. Bylaws - Alaska Municipal League Investment Pool, Inc. page 7 ARTICLE IV - NOTICES AND WAIVERS Section 1. Form of Notices. Whenever under the provisions of statutes, of the Articles of Incorporation of the Corporadon or of these Bylaws, notice is noquined to be givert to any director or member, it will be given in writing, by mail, by facsimile► transfer or by tekWarn, addressed to such director or member at such address as appows on the records of the Gorparaltion. K by mail, It will be sent with postage thereon prepa di,,, avid such notice by snail will be downed to be given at the time when deposited 1n the United States €. If addrossed to a member, the address of the member will be used as appears on the memboniihip books of the Cofrporallim, or, n the mem1ber has filed with the Secretary a written request that the notice be Malted to a dMerar t address, the Corporation will! mail the Lnotice to that other address. Section 2. 601Mganco at Meeting . Attendance by a member or a director, either in person or by electronic media!` will constitute a waiver of notice of such meeting, except where an appearance is made for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Section 3. Waivers. Whenever any notice is required to be given under the provisions of statutes, the Articles of Incorporation of the Corporation or these Bylaws, a waiver of the notice in writing, signed by the person entitled to the notice either before or after the time stated in the notice, will be deemed equivalent to the giving of that notice. ARTICLE V - OFFICERS Section 1. Designation. The officers of the Corporation will be a President, a Secretary and a Treasurer; provided that the Board of Directors may, by resolution adopted by at least a majority of the directors, establish other officer positions and elect persons to fill those positions including Vice President and other officers, assistant officers and agents as the Board of Directors by resolution will designate. The Board of Directors by resolution may provide that an officer is an ex-officio member of the board. Any two officer positions may be held by the same person except the positions of President and Secretary. Section 2. Election. The Board of Directors, at its first meeting after each annual meeting of the members, will elect a President, a Secretary and a Treasurer. Other officers, assistant officers or agents of the Corporation will be elected at such meeting, or on such other occasions as the Board of Directors in its discretion will from time to time deem appropriate. Except in the event of removal by the Board of Directors, death, resignation, disqualification or abolition of an office, the officers, assistant officers and agents of the Corporation will hold office until their successors are chosen and qualified, or for such other period as the Board of Directors may determine. Section 3. Vacancies and Removal. (a) A vacancy in any office because of death, resignation, removal, disqualification or any other cause will be filled in the manner prescribed in these Bylaws for regular appointments to such office, unless at least a majority of the directors vote to abolish such office (other than an office required by law). (b) Any officer, assistant officer or agent may be removed, or any office abolished (other than an office required by law), whenever in the judgment of the Board of Directors the best interests of the Corporation will be served, and such removal is pursuant to the affirmative vote of at least a majority of the Board of Directors. (c) Any officer, assistant officer or agent may resign at any time by giving written notice to the Board of Directors, the President or the Secretary of the Corporation. Any such resignation will take effect upon receipt of such notice or at any later time specified in the notice. Unless otherwise specified in the notice, the acceptance of such resignation will not be necessary to make it effective, provided that the Board of Directors may reject any postdated resignation by notice in writing to the resigning officer. (d) This Section 3 will not affect the rights of the Corporation or any corporate officer, assistant officer or agent under any express contract of employment. Bylaws - Alaska Municipal League Investment Pool, Inc. page 8 Section 4. Compensation. The salaries and other compensation of all officers, assistant officers and agents of the Corporation will be fixed by the Board of Directors. Section S. PrelkW The President will be responsible for carrying out policy directives of the Board of Directors and willl be responsible for general r gement of the business of the Corporation. The President wilt Ep ids at n fV$ of the n1 and dkeetom, and the President will be etc officio a merfter of all staini cornmillt+ees, unless the end of Directors designates otherwise. The President will have authorlly to sign or courtlarrel all: tificalte$, contracts and other instruments of the Corporation, utter w the seal of the Oorpotlirtlon or0herwiss, except where required by law to be otherwise sigrod and a acuted, and ,except where the signing and execution thereof will? be delegated or reserved by the Board of Director's to some other o1fIcer or agent of the Corporation. The President will perform all other duties as are incident to the office or am properly requinred of the President by the Board of Directors. Section 6. Secretary. The Secretary will attend all meetings of the Board of Directors and all meetings of the members and will record, or cause to be recorded, all votes and the minutes of all proceedings in a book to be: kept for that purpose, and will perform like duties for the standing committees of the Corporation when required. The Secretary will give, or cause to be given, notice of all meetings of the members and special meetings of the Board of directors, and will perform such other duties as may be prescribed by the Board of Directors or the President, under whose supervision the Secretary will be. Unless otherwise provided by the Board of Director, the Secretary will have authority to affix the corporate seal to any instrument requiring a seal, and when so affixed, it will be attested by the Secretary's signature or by the signature of an Assistant Secretary, H any. The Board of Directors may give general authority to arty other officer to aft the seal of the Corporation and to attest the affixing of that officer's signature. Section 7. Trgasurer. The Treasurer will keep or cause to be kept accounts of all of the monies of the Corporation received and disbursed, and! subject to direction of the Board of Directors, will safely keep or cause to be kept all securities end valuables of tihe Corporation. The Treasurer will, from time to time, make such reports to the officers, Soardl, of Directors and members as may be required and will perform such other duties as may be prescribed by the Board of Directors or the President, under whose supervi- sion the Treasurer will be. In the absence of a Treasurer, the duties of the Treasurer will be discharged by the Secretary, or such other officer as1 tte Board of Directors will designate. Section 8. Other Off'1c,�. Other officers, atssistaunt officers or agents appointed by the Board of Directors will exercise such powers and perform such duties as will be determined from time to time by the Board of Directors. Unless otherwise specified by the Board of Directors, any Assistant Secretary or Assistant Treasurer will have authority to exercise any powers delegated to therm from the Secretary or Treasurer, respectively, and, in the absence of the Secretary or Treasurer, will assume all powers and discharge all duties ordinarily exercised by such absent officer. ARTICLE VI - STANDARD OF CARE, INDEMNIFICATION, INSURANCE Section 1. Institutional Investor Duty. The management and investment of assets of participants in investment pools formed and administered through the Corporation, its officers, directors, employees and agents will be done with the care, Skill, prudence and diligence under the circumstances then prevailing that an institutional investor would use fn the conduct of an enterprise of a like character and with like aims. Section 2. Indemnification. The Corporation will defend, indemnify and hold harmless each director, officer and employee of the Corporation for expenses, including attorney's fees, and the amount of any judgment, money decree, fine, penalty or settlement for which he or she may become liable by reason of his or her being or having been a director, offices or employee of the Corporation or who exercises powers or performs duties for the Corporation, except in relation to matters as to which that director, officer or employee is finally adjudged in any action, suit, or proceeding to be liable for failure to act in good faith in the performance of his or her duties as such director, officer or employee. Bylaws - Alaska Municipal League Investment Pool, Inc. page 9 Section 3. Ins.Me. At tires discretion of the Board of Directors, the Corporation may purchase and maintain insurance on 'behalf of any person who is or was a director, officer, employee or agent of the Corporation, or Is or was serving at the request of the Corporation as a director, officer, employee or agent of another ompar#t pn, padneraihiNw, joint venture, trust or other enterprise against any lability assatted that pw*M and � by thief person in any &Ach capacity, or arising +out of that stows, whalthor or not llhe C-orpoollionz wmW h6rwre the power to inderry NV #heat person age = such liability under t e pry of ft Ardole Vl. ARTICLE Vill - WITHDRAWAL AND TERMINATION OF MEMBERSHIP Section 1. EgVJgjpA(a) A Public lia ity may continue to be a member and a participant in the irhvesrtrriertt sse +oi#wed thr+a� h tho C Irpora n subject to the terms and conditions of the Articles of Incorporation Iler Ow Corporation, the rya Municipal League Common Investment Agreement and these Bylaws. (b) In the event that the Alaska Investment Pool Act (AS 37.23.010-37.23.900) is amended so as to expand the definition of `public entity' as set forth in Atticis II, Section 1(a) of these Bylaws, ft Board of Directors will meagre the power to detamit pe whether and under what circumstances any new category of public entity may become a member of the Corporation and a party to the Alaska Municipal League Common investment Agreement. In the event that the Alaska Investment Pool Act is amended so as to exclude from the definition of "public entity. as contained in these Bylaws any previously included entity, that Board of Direclors will promptly �determirm whether any existing member has lost its status as a public entity (or will lose such status upon effectiveness of such amendment). If the Board of Directors determines, after obtaining the advice of counsel, that an existing member is no longer a public entity (or will not be a public entity upon the effectiveness of the amendment), the Board of Directors will so notify that member, redeem any units of that member in the Corporation and transfer to that mernber the resulting funds and other investment funds of that member administered through the Corporation and terminate the membership in the Corporation and participation of that member in any investment pods of the Corporation. The Board of Directors will have final authority with respect to determinations under this subsection (b). (c) Should the federal income tax law be amended so as to cause the income of an investment pool established by the Corporation and subject to the Alaska Municipal League Investment Pool, Inc. Common Investment Agreement to be subject to federal income taxation, the Board of Directors will promptly determine whether that subjugation could be eliminated through the termination of membership in the corporation and termination of potieipation in than Investment pool by one or more public entities and may, upon advice of legal counsel, tarrainate the membership in the Corporation and the participation of those public entities in the pool to eliminate the subjugation of the pool to federal income taxation. Should the Board of Directors determine to terminate the membership and participation of a public entity under this subsection (c), it will so notify that member, redeem any units of that member held in the Corporation and transfer to that member the resulting funds and other investment funds of that member administered through the Corporation and+terminate the membership and participation of that member. The Board of Directors will have final authority with respect to determinations under this subsection (c). Section 2. W thci(gwal from Participation. A member may withdraw from the Corporation, subject to the provisions of these Bylaws and of any Alaska Municipal League Investment Pool, Inc. Common Investment Agreement entered into with the Corporation. ARTICLE Vlll - CERTIFICATES Section 1. Form of Certificates. Certificates for membership in the Corporation will be in such form (not inconsistent with the Articles of Incorporation of the Corporation or applicable law) as approved by the Board of Directors and will be numbered and entered in the membership books of the Corporation as they are issued. Every certificate for membership will be signed by the President or a Vice President and by the Secretary or an Assistant Secretary. Bylaws - Alaska Municipal League Investment Pool, Inc. page 10 Section 2. MembershiRftistrars. The Board of Directors may, from time to time, appoint one or more registrars for memberships in the Corporation who will have such powers and duties as the Board of Directors will specify. Section 3. t�no�„ flan of �I , P. The Corporation will be entitled to treat the holder of record of any C611,0111011111110 fO r me00eltlihi p as the h*W In fact of that tlenMM9 &Ahod tg the holder to trite as such MOMW w4 sc , will not be bound 10 Fec0g1tai 0 Wly equle" or other claim to or ikv*est In such membership On the part of any other person, whether or not the Corporation will have egress or other notice thereof, except as expressly provided by applicable law. Section 4. McMoMrShip ,bout CertPi tes. Notwithstanding the provisions of Sections 1 through 3 of this Article VK the Board of Directors may, by resolution, stthorire the issuaflae WNW certiflcetes of some or all of thwmaimberships in the Corporation. The authrQatlizffiIon does not ONKI Memberships that are already repr*W*ed by conificates until the centif ernes are surrendered to the Corporation. ARTICLE IX - BOOKS AND RECORDS Section 1. COM AW Complete, ig ection. (a) The Corporation will keep correct and complete books and records ofaccoum and will keep minutes of the proceedings of its members, the Board of Directors, and cornrrtfttees appointed by the board, if any. (b) All books and records of the Corporation may be inspected by any member or its agent or attorney for any proper purpose at any time during normal business hours at the registered office of the Corporation In Alaska. Section 2, Ist of Members Entitled To, Vole. The Corporation will keep at its registered office in Alaska a record of the names and addresses of members entitled to vote. Section 3. Alasho QQen Meetings Law. All annual and special meetings of the members of the Corporation, all regular and special meetings of the Board of Directors and all meetings of committees of the Board of Directors, if any, will be conducted in accordance with the Alaska open meetings law found at AS 44.62.310. ARTICLE X - ADMINISTRATIVE STRUCTURE Section 1. Executive Director, Staffing. (a) The day -today operations of the Corporation will be carried out by an Executive Director under the supervision of the President of the Corporation. The Executive Director will carry out other tasks as assigned by the President of the Corporation. The position of Executive Director of the Corporation will be filled by the executive director of the Alaska Municipal League. (b) The Executive Director of the Corporation will be supported by staff of the Alaska Municipal League and such other staff as the Board of Directors may by resolution approve. (c) The Corporation will share office space and office equipment and furniture with the Alaska Municipal League in the existing offices of the Alaska Municipal League at 217 Second Street in Juneau, Alaska, or such other offices which the Alaska Municipal League may acquire or lease, and such other office space and office equipment and furniture as the Board of Directors may by resolution approve. (d) The Corporation will enter into agreements with the Alaska Municipal League and as adopted by the Board of Directors setting forth the terms and conditions for the implementation of and compliance with the provisions of (a), (b) and (c) of this Section 1 including but not limited to the following: (i) The sharing of time and payment therefor of the individual who will be the Executive Director of the Corporation and the Executive Director of the Alaska Municipal League; Bylaws - Alaska Municipal League Irwestment Pool, Inc. page 11 (g) The sharing of time and payment therefor of the individuals who wig be the staff of the Corporation and the staff of the Alaska Municipal League; (ii) The sharing of office space and office equipment and furniture with the Alaska Municipal League and the payment therefor, and ('iv) The providing of general office administrative services by the Alaska Municipal League to the Corporation not otherwise provided by a contract manager, adviser, investment officer or custodian. Section 2. Use of Name.MWeting. (a) The Alaska Municipal League will do the following: (i) Allow the use of its name in the corporate name of the Corporation, in agree- ments and other documents entered into by the Corporation and in other materials or settings used by the Corporation and in the advertising of the services of the Corporation; and (i) Assist in dissemination of information to the membership of the Alaska Municipal League and other public entities in Alaska pertaining to the investment services of the Corporation, prepare and publish articles in its publications on those services, arrange for meetings between its members and the investment manager retained by the Corporation and otherwise assist in apprising the members of the Alaska Municipal League and others of the services of the Corporation. r' (b) Should the Alaska Municipal League in the future cease to have the power to nominate, elect and otherwise appoint persons to a designated simple majority of the positions on the Board of Directors, the Corporation must immediately cease all use of the league's name, and the services set forth in Sections 1 and 2 of this Article X will terminate. Section 3. Institutional Fee. In return for the ongoing services of the Alaska Municipal League as set forth in Sections 1 and 2 of this Article X and for the use of the name of the Alaska Municipal League and its logo, the Corporation will pay to the Alaska Municipal League for each common investment agreement entered into between a Public Entity and the Corporation an institutional fee, based upon the average monthly assets subject to each common investment agreement entered into between the Corporation and a member of the Corporation. The institutional fee will be due and payable'on a monthly basis for so long as there is a positive balance in assets of the Public Entity which are subject to that common investment agreement. The amount of the institutional fee will be established by the Board of Directors, by resolution. ARTICLE XI - GENERAL PROVISIONS Section 1. Checks, Drafts. All checks, drafts or other orders for payment of money, notes or other evidences of indebtedness, issued in the name of or payable to the Corporation, will be signed or endorsed by such person or persons and in such manner as will be determined from time to time by resolution of the Board of Directors. Section 2. Fiscal Year. The fiscal year of this Corporation will be fixed by resolution of the Board of Direc- tors. Section 3. Headings. The headings contained in these Bylaws are for convenience only and will not in any way affect the meaning or interpretation of these Bylaws. ARTICLE XII - AMENDMENT OF BYLAWS Section 1. Amendment and Repeal. (a) Except as otherwise provided by law, the power to adopt, alter, amend or repeal these Bylaws and to adopt new Bylaws will be vested exclusively in the Board of Directors. Bylaws • Alaska Municipal League Investment Pool, Inc. page 12 (b) The adoption, alteration, amendment or repeal of these Bylaws and the adoption of new Bylaws must be accomplished by a vote of at least a simple majority of the whole Board of Directors at a regular or sped ovasting 00W by written notice, and that notice t Jr> *jde a brief description of the proposal Section 2 Recordation. Whenever action Is taken to amend or after the Byhtws or to adopt a new Bylaw, a copy of the amendment. alteration or new Bylaw will be filed OW kept in the minute book with the original Bylaws. If any Bylaw its repealed, ttta fact of such ra hal and the on which it occurred will be record o d In the minute book, and a copy of it wal be placod MW to tho odginW Bylaws. 1, the undersigned being the Secretary of ALASKA MUNICIPAL LEAGUE INVESTMENT POOL, INC. hereby certify the foregoing to be the Bylaws of the Corporation, as adopted by the Board of Directors, on the 141h day of August, I NZ i SUGGESTED BY: City Clerk City of Kenai RESOLUTION NO. 93-12 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RESCINDING THE CITY OF KENAI FILING, RECORDS PROGRAM AND RETENTION SCHEDULE OF 1985 AND REPLACING THE RETENTION SCHEDULE. WHEREAS, a filing, records program, and retention schedule was formulated in 1985; and, WHEREAS, changes, additions and corrections in the various departments have rendered this schedule of 1985 obsolete; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai filing, records program and �,...• record retention schedule of 1985 be rescinded and replaced with the retention schedule delineated on the following pages marked "Attachment A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of February, 1993. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk CITY OF KENAI RECORD RETENTION SCHEDULE DEPARTMENT: City Clerk - 100 , FILE CODE: CYCLK , PAGE 1 OF 3 , REVISION 02 , DATE:2/17/93 ITEM , NO. RECORD SERIES TITLE , OPR OF , OFFICE OF , RECORD RETENTION _PERIOD OFFICE;ARCHIVE , MICRO- FILM , , ,VITAL, REMARK 1 ;Alcoholic Beverage Control , OF ; CYCLK ; AR ; 1 ; N 2 ,Ak. Public Offices Commission, Conflict of Interest Forms , (Lobbyist, Dept.Heads, Council OPR & P&Z , CYCLK , Commissioners) C , 6 , N 3 , Census , OPR , CYCLK , C , P , Y 4 , City Seal , OPR , CYCLK , C , P , Y 5 , Commissions & Boards , a., Planning & Zoning Commission, (see PLZON - 600) b., Miscellaneous 1. Contracts & Purchase Ord., OF , FINCE , C , , N 2. Correspondence , OF , CYCLK , AD , , N 3. Expenses , OF , FINCE , AD , , N 4. Funding , OF , FINCE , AD , , N 5. Agenda/Minutes , OPR , CYCLK , C , P , Y 6. Packets , OF , CYCLK , AR , 3 , N 7. Membership , OPR , CYCLK , C , P , Y 8. Resolutions , OPR , CYCLK , AR , P , Y 6 , Committees a., Correspondence , OF , CYCLK , AD , , b., Expenses , OF , FINCE , AD , , N c., Funding , OF , FINCE , AD , , N d., Agenda/Minutes , OPR , CYCLK , C , P , Y e., Packets , OF , CYCLK , AR ,3 LEGEND: AR -- Annual Retirement AD -- Annual Destruction AS - After Sale/Settlement ,ATA -- After Term ,C ---- Current ;NR --- Non-Rec I Audit ,OPR -- ,OF --- official Public Record Office File CITY O JENAI RECORD RETEN.L-JN SCHEDULE DEPARTMENT: City Clerk - 100 ; FILE CODE: CYCLK PAGE 2 OF 3 , REVISION 02 ( GATE: 2117/93 ITEM , RECORD SERIES TITLE , OPR OF , OFFICE OF , RETENTION , MICRO- , , NO. , RECORD , PERIOD , FILM ,VITAL, REMARK -- I OFFICEIARCHIVE f., Reports , OPR , CYCLK , C 7 , Council a., Agenda Minutes (Council , Meetings/Work Sessions) OPR , CYCLK , C , P , Y , V , b., Meeting Notices , OPR , CYCLK , AR , 1 , N c., Meeting Packets , OPR , CYCLK , C , P , Y d., Membership , OPR , CYCLK , C , P , Y e., Audio Tapes (Meetings , Work Sessions) , OPR , CYCLK , C , 6 , N , V , f., Oaths of Office , OPR , CYCLK , C , 1 , N g., Public Hearing , OPR , CYCLK , C , P , Y , V ,(Included in minutes.) h., Board of Adjustment Hearings, OPR , CYCLK , C , P , Y , V !(Included in minutes.) 1.1 Resolutions , OPR , CYCLK , C , P , Y j., Resolution Index , OPR , CYCLK , C , P , N 8 , Elections , , , , , , ,See KMC 6.05.280. a., Ballots , OPR , CYCLK , C , 1 , N , 11 year unless conteste . b., Certification, Canvas Board , OPR , CYCLK , AR , P , Y , V , c., Conflict of Interest , OPR , CYCLK , AR , 6 , N d., Precinct Maps , OPR , CYCLK , C , , N e., Publication , OPR , CYCLK , AR , 2 , N f., Registers , OPR , CYCLK , C , 1 , N 9 , Incorporation Records , OPR , CYCLK , C , P , Y , V , 10 , Ordinances and Codes a., Index , OPR , CYCLK , C , P 1 Y , V , LEGEND: AR -- Annual Retirement AD -- Annual Destruction AS -- After Sale/Settlement ,ATA -- ,C ---- ,NR --- After Term Current Non -Record Audit ,OPR ,OF --- -- official Public Record Office File CITY OF KENAI RECORD RETENTION SCHEDULE DEPARTMENT: City Clerk - 100 , FILE CODE: CYCLK , PAGE 3 OF 3 , REVISION 02 DATE: 17 3 ITEM NO. ES TITLE RECORD b.; Ordinances and Codes ; OPR ; CYCLK FILM ,VITAL; REMARK 11 , Purchase Orders , OF , CYCLK , AD , N 12 , Reading Files , OF , CYCLK , AD , , N 13 , Record Disposal , OPR , CYCLK , AR , P , Y 14 , Tax Registration , OPR , CYCLK , C , 5 , Y 15 , Permits a., Mobile Food Vendor , OF , CYCLK , C , 2 , N b., Itinerant Merchant , OF , CYCLK , C , 2 , N c., Private Detective , OF , CYCLK , C , 2 , N d., Vehicle -for -Hire , OF , CYCLK , C , 2 , N 16 , Cemetery , OPR , CYCLK , C , P , Y i V END OF CITY CLERK SCHEDULE LEGEND: AR -- Annua Al"A -- ArLer Term C ---- Current NR --- Non-Rec Utn -- Urrlulal ru OF --- office File AD - annual Destruction AS After Sale/Settlement CITY Of )NAI RECORD RETSNTIuM SCHEDULE DEPARTMENT: CITY MANAGER - 200 , FILE CODE: CYMGR , PAGE 1 OF 2 , REVISION 02 , DATE: 2 17 9 ITEM NO. RECORD FILM ;VITAL; REMARK 17 ; Agreements ; OPR CYMGR C 5 Y 18 , Airport - Non -financial , OF , CYMGR , AR , 2 , N 19 , Appraisals , OF , CYMGR , C N 20 , Budget , OF , FINCE , AD , , N 21 , Chamber of Commerce , OF , CYMGR , C , 1 , Y 22 , Committees & Commissions , OF , CYCLK , AD , , N 23 , Complaints , OF , CYMGR , AD , , N 24 , Contracts & Purchase Orders, OF , FINCE , C , , N 25 , Departments, City a., Correspondence , OF , CYMGR , AR , 1 , N b., Reports , OF , OFFICE OF , C ORIGIN , , N 26 , Grants , OF , FINCE , AD , , N 27 , Insurance , OF , FINCE , C , , N 28 , Lands a., Deeds , OPR , CYMGR , C , , N , ,Pr or to destruction, com- pare with Finance files. b., Leases , OPR , CYMGR , C , , Y c., Sales , OF , CYMGR , C , , N , , Prior to destruction, com- pare with Finance files. d., Litigation , OF , LEGAL , C , , N 29 , Personnel , OF , FINCE , C , , N 30 31 , ; Policies Procedure , Reading Files ; OPR OF , CYMGR CYMGR , C ; AD , 5 , Y N , V , 32 , Revenue Sharing , OF , FINCE , AD , , N LEGEND: AR -- Annual Retirement AD -- Annual Destruction AS -- After Sale/Settlement ,ATA -- ;C ---- ;NR --- After Term Audit Current Non -Record ,OPR ;OF --- -- OfficIal Public Record Office File CITY OF KENAI RECORD RETENTION SCHEDULE DEPARTMENT: CITY MANAGER - 200 , FILE CODE: CYMGR , PAGE 2 OF 2 , REVISION 02 ,DATE: ITEM RECORD SERI NO. 33 ; State of Alaska RECORD FILM (VITAL; REMARK a. , Departments/Agencies , OF , CYMGR , AR 2 , N b. , Executive , OF , CYMGR , AR , 2 , N C. , Legislative , OF , CYMGR , AR , 2 , N 34 , Studies Reports , OF , CYMGR , C , , N 35 , United States Government a. , Agencies , OF , CYMGR , AR , 1 , N Unless a contractual or a grant matter, destroy b. , Departments , OF , CYMGR , AR , 1 , N , , at retirement + 1 year; grant and contract records c. , Congress , OF , CYMGR , AR , 1 , N , , are a part of FINCE file. d. , Executive , OF , CYMGR , AR , 1 , N END OF CITY MANAGER SCHEDULE LEGEND: AR -- Annual Ret mxA -- A=ter term C ---- Current NR --- Non -Ref f, Turn -- urrLciat ru. 1OF --- Office File AD -- Annual Destruction AS After Sale/Settlement CITY O. NAI RECORD RETENT.LON SCHEDULE DEPARTMENT: FINANCE DEPT. - 300 , FILE CODE: FINCE , PAGE 1 OF 4 , REVISION 02 , DATE: 2117/93 ITEM RECORD SERIES NO. RECORD MICRO- 11 11 FILM ;VITAL, REMARK 36 ; Accident Reports ; OF ; CYMGR ; AR ; 3 ; N ; ; Unless litigation is anticipated. 37 , Airport -Financial , OPR , FINCE , AR , 5 , N , , 38 , Accounts Payable , , , , , , , a., Invoices , OPR , FINCE , AR , 5 , N b., Vouchers , OPR , FINCE , AR , 5 , N 39 , Accounts Receivable , OPR , FINCE , AR , 2 , N , V , 40 , Assessments , OPR , FINCE , AR , 5 , N , V , 41 , Audits , OPR , FINCE , C , 10 , N 42 , Bonds a., General Obligation , OPR , FINCE , C , 5 , N b., Revenue , OPR , FINCE , C , 5 , N 43 , Budget , OPR , FINCE , C , 5 , N , V , Work papers archive for 2 yrs (only) final budget 5 yrs. 44 , Cash a., Bank Reconciliation , OPR , FINCE , AR , 5 , N , V , b., Bank Statement , OPR , FINCE , AR , 5 , N c., Canceled Checks , OPR , FINCE , AR , 5 , N d., NSF/Returned Checks , OPR , FINCE , AR , 5 , N , V , e., Receipts , OPR , FINCE , AR , 3 , N 45 , Capital Projects -Financial , OPR , FINCE , C , , N 46 , Chart of Accounts , OPR , FINCE i C , 2 , N , V , 47 , Contracts , OPR , FINCE , C+1 , 5 , N , V , Unless litigation antici- pates, AS 09.10.050-6 yrs LEGEND: AR -- Annual Retirement AD -- Annual Destruction AS -- After Sale/Settlement ,ATA -- ;C ---- ;NR --- After Term Current Non -Record Audit ,OPR ;OF --- -- Official Pu is Record Office File CITY OF KENAI RECORD RETENTION SCHEDULE DEPARTMENT: FINANCE DEPT. - 300 , FILE CODE: FINCE ,PAGE 2 OF 4 , REVISION 02 DATE: ITEM , NO. j RECORD SERIES TITLE , OPR OF , OFFICE OF , RECORD RETENTION PERIOD OFFICEIARCHIVE , MICRO- FILM , , 'VITAL,' ; REMARK 48 ; Expense Accounts ; OPR FINCE AR 5 i N 49 , Financial Statements , OPR , FINCE , C , P , N V 50 , Fixed Assets a., Buildings 1. Appraisals , OPR , CYMGR , C i i N 2. Deeds , OPR , CYMGR i C i P , N , V , 3. Leases , OPR , CYMGR , C 5 ATA , N 4. Sales , OPR , CYMGR , C , 5 AS , N b., Land 1. Deeds Easements , OPR , CYMGR PUBWK & , C , P , N 2. Leases , OPR , CYMGR , C , 5 ATA , N 3. Patents , OPR , CYMGR , C , P , N V , 4. Sales , OPR , CYMGR , C , 10 AS , N c., Equipment , 1. Inventory , OPR , FINCE PUBWK & , C , 1 , N 2. Leases , OPR , FINCE , C 3 ATA , N 3. Sales , OPR , FINCE PUBWK & , C , AS i 4. Titles , OPR , FINCE , C , 3 ATA , N , V , 51 , Grants , OPR , FINCE , C 3 ATA , N , CPR 1-1. 52 , Insurance a., Claims , OPR , FINCE LEGAL & , AR , 5 AS LEGEN$i AR_.-- Annual Retirement AD -- Annual Destruction AS After Sale/Settlement ,ATA -- 1C ---- ;NR --- After firm/Audit Current Non-Rer ,OPR ;OF --- -- Official Public Record Office File CITY 01-�INAI RECORD RETENT —4 SCHEDULE DEPARTMENT: FINANCE DEPT. - 300 FILE CODE: FINCE PA_ 3 OF 4 1 RiVISION 02Z , D' ITEM , RECORD SERIES TITLE , OPR OF OFFICE OF 1 RR"11fION , MICRO- 1 1 NO. RECORD It PERIOD FILM 1 ',VITAL, REMARK I 1 I I ncz+t nL+l rnnvr�rrr 1 1 1 b.; Policies ; OPR ; FINCE ; C ; 5 ; N ; ; Unless unsettled claims. 53 , Journals , OPR , FINCE , C , , N , V , 54 , Ledgers , OPR , FINCE , C , , N , V , 55 , Payroll a., Earnings & Deductions , OPR , FINCE , C , P , N , V , AK retention requirement. b., Leave , OPR , FINCE , AR , 2 , N c., Time Sheets , OPR , FINCE 1 AR , 3 , N I 1 56 , Personnel , , 1 a., Applications , OPR , , , , N , , CPR 7-850 b., Benefit Program , OPR , FINCE , C , 3 ATA , N , , For retirement, records are P; see CFR 11-497. c., Discrimination/EEO, etc. , OPR , FINCE & LEGAL , C , 3 ATA , N 1 , d.l History Folder - Active , OPR I FINCE I C , P , N , V , e., History Folder - Inactive , OPR , FINCE P , N , V , f.1 Performance Evaluation , OPR , FINCE , C , P , N 57 , Purchasing a. , Purchase Orders , OPR , FINCE , AR , 3 , N b. , Receiving Reports , OPR , FINCE , AR , 3 , N c. , Requisitions , OPR , FINCE , AR 1 3 , N 58 , Registers a. , Check , OPR , FINCE , C , , N 1 , b. , Payroll , OPR , FINCE , C , , N , V , 59 , Reports , OF , FINCE 1 C 1 , N LEGEND: AR -- Annual Retirement ,ATA -- After Term Audit IOPR --- Official Public Record AD -- Annual Destruction 1C ---- Current ;OF --- Office File AS -- After Sale/Settlement ;NR --- Non -Record CITY OF KENAI RECORD RETENTION SCHEDULE DEPARTMENT: FINANCE DEPT. - 300 FILE CODE: FINCE PAGE 4 OF 4 11 REVISION 02 DATE: 2117793 ITEM NO. RECORD SERIES TITLE OPR OF i OFFICE OF RECORD RETENTION PERIOD OFF C 'ARCHIVE MICRO- FILM 11 'VITAL' REMARK 60 61 62 ; Revenue Sharing ; --,-Signature Authorization , , Taxes , OPR ; OPR , OPR , FINCE FINCE FINCE ; C ; 3 ATA ; , C , 5 , ' AR i 5 i N N N ; ; CFR 11-913 V END OF FINANCE DEPARTMENT SCHEDULE AR -- Annual Retirement AD -- Annual Destruction AS - After Sale/Settlement Jnrn -- AZrer 'Term C ---- Current ;NR --- Non-Rec ; t WVZ% -- VXXLClal Yu OF --- Office File CITY OF KENAI RECORD RETENTION SCHEDULE DEPARTMENT: FINANCE DEPT. - 300 FILE CODE: FINCE PAGE 4 OF 4 11 REVISION 02 DATE: 2117793 ITEM NO. RECORD SERIES TITLE OPR OF i OFFICE OF RECORD RETENTION PERIOD OFF C 'ARCHIVE MICRO- FILM 11 'VITAL' REMARK 60 61 62 ; Revenue Sharing ; --,-Signature Authorization , , Taxes , OPR ; OPR , OPR , FINCE FINCE FINCE ; C ; 3 ATA ; , C , 5 , ' AR i 5 i N N N ; ; CFR 11-913 V END OF FINANCE DEPARTMENT SCHEDULE AR -- Annual Retirement AD -- Annual Destruction AS - After Sale/Settlement Jnrn -- AZrer 'Term C ---- Current ;NR --- Non-Rec ; t WVZ% -- VXXLClal Yu OF --- Office File CITY O �PNAI RECORD RETEN2_,M SCHEDULE DEPARTMENT: FIRE DEPARTMENT - 400 , FILE CODE: FIRDP , PAGE 1 OF 1 , REVISION 02 , DATE: 2/17/93 S TI 63 ; Apparatus RECORD 11 PERIOD 1 FILM 'VITAL', REMARK a. , Inventory , OPR , FIRDP , C , , N b. , Maintenance , OPR , FIRDP , AR , 5 , N , , Engine pump test records. 64 , Correspondence , OF , FIRDP , AD , , N 65 , Daily Logs , OF , FIRDP , AR , P , Y , V , 66 , Equipment a. , Inventory , OPR , FINCE , C , , N b. , Maintenance , OPR , FIRDP , AR , 3 , N 67 , Fire Prevention , OF , FIRDP , C , 1 , N 68 , Forms , OF , FIRDP , NR , , N 69 , Inspections a., Buildings , OPR , FIRDP , AR , 5 , N b., Equipment , OPR , FIRDP , AR , 5 , N , , Hose hydrant test recor s. 70 , Personnel , OF , FINCE , C , , N 71 , Reading Files , OF , FIRDP , AD , , N 72 , Reports/Studies , OF , FIRDP , C , , N 73 , Training , OPR , FIRDP , AR , 3 , N 74 , Arson Investigations , OF , FIRDP , AR , P , Y , V , 75 , Fire Run Reports , OF , FIRDP , AR , P , Y , V , 76 , EMS Run Reports , OF , FIRDP , AR , P , Y , V , 77 , Blood Borne Pathogens , OF , FIRDP , C , P , N , V OSHA regulations. 78 , Animal Control Cases , OF , LEGAL , C , 10 , Y 79 , Attorney Consulting , OF , LEGAL , C , 5 , N LEGEND: AR -- Annua AD -- Annual Destruction AS -- After Sale/Settlement A"re -- ercer Term C ---- Current NR --- Non -Record ven -- vti,ic:iai ru OF --- Office File CITY OF KENAI RECORD RETENTION SCHEDULE DEPARTMENT: LEGAL DEPARTMENT - 500 ' FILE CODE: LEGAL , PAGE 1 OF 1 , REVISION 02 , DATE: ITEM NO. 95 TITLE RECORD i PERIOD 1 FILM 'IVITAL'i REMARK 80 ; Bid Preference Systems ; OF ; FINCE ; C N 81 , Civil Action , OPR , LEGAL , C 10 Y V , , , , 82 , Claims Against City , OPR , LEGAL , C , 10 , Y , V ,AS 09.10.100 w/o disability AS 09.10.060, 3 years, AS 09.10.070, 2 years 83 , Code Violations , OPR , LEGAL , C , 10 , Y 84 , Contracts, Leases, Deeds , OF , FINCE , C N i i 85 , Opinions , OPR , LEGAL , C , P , Y , V , 86 , Professional Serv. Regs. OF LEGAL C 5 N , , , , , 87 , Traffic Cases i OPR LEGAL , C , 10 , Y , V ,Only if a felony. END OF LEGAL DEPARTMENT SCHEDULE AR AD AS -- Annual Destruction -- After Sale/Settlement 1 nxA -- -LxLer germ C ---- Current INR --- Non -Record ven -- vrriciai ru OF --- Office File CITY OF NAI RECORD RETENTlvff SCHEDULE DEPARTMENT: PLANNING & ZONING-600 , FILE CODE: PLZON , PAGE 1 OF 2 , REVISION 02 , DATE: 2 17 3 ITEM RECORD SERIES TITLE , OPR OF , OFFICE OF , RETENTION , MICRO- , , NO. i RECORD i PERIOD FILM 'VITAL, REMARK F.` i ! OFFICE!ARCHIVi ! i Agendas/Minutes OF i CYCLK i C 89 , Meeting Tape Recordings , OPR , CYCLK , C , 6 , N 90 , Building Survey Requirement, OF , PLZON , C , 3 , N 91 , Capital Project -Non -Finance, OF , PUBWK , C N 92 , Codes , OF , CYCLK , C , , N 93 , Correspondence , OF , PLZON , AR , 3 , N 94 , Deeds & Leases , OPR , CYMGR , C , P , Y 95 , Lands a. , Disposal Actions , OPR , LEGAL FINCE , C , 10 , Y b. , Foreclosures , OPR , LEGAL , C , P , Y , V , c. , Maps , OF , PLZON , C , 3 N PUBWK d. , Plats , OPR , PLZON , C , P , Y , V , PUBWK e. , R.O.W./Easements/Vacations , OF , PLZON , C , P , Y , V , f. , Selection , OF , PLZON , C , P , Y , V , g. , Selection 35 & 36 Lands , OF , PLZON , C , P , Y , V , h. , Water Rights , OPR , PLZON PUBWK , C , P , Y , V , 96 , Ordinances , OPR , CYCLK , C , P , Y 97 , Patents , OF , CYMGR , C , P , N 98 , Permits , a., Building Permits , OPR , PLZON , C P i i Y PUBWK xx -- xnnuai xetirement ;ATA -- After Term AD -- Annual Destruction 1C ---- Current AS -- After Sale/Settlement ;NR --- Non -Record OPR -- Official Public Reco OF --- Office File CITY OF KENAI RECORD RETENTION SCHEDULE DEPARTMENT: Planning & Zoning-600 , FILE CODE: PLZON , PAGE 2 OF 2 , REVISION 02 1 DATE:2/17193 ITEM i RECORD SERIES TITLE OPR/OF , OFFICE OF , RETENTION , MICRO - NO. ' RECORD , PERIOD FILM ,VITAL, REMARK OFFICEIARCHIVE b.; Conditional Use ; OPR ; PLZON ; C P Y ! ! C., Building Encroachment , OPR , PLZON , C , P , Y , d., Home Occupation , OPR , PLZON , C i P Y e., Variances/Appeals , OPR , PLZON , C , P , y V 99 , Purchase Orders , OF , FINCE , AD , , N � � 100 , Reference Mat. (incl. maps), OF , PLZON , C , , N i 101 , Reports Studies , OF , PLZON PUBWK , C , 10 , N 102 , P&Z Resolutions , OPR , PLZON , C , P , Y 103 , Rezoning , OPR PLZON , , C , P , Y , V , 104 , Subdivision Plats , OPR , PLZON , C , P , Y , V , 105 , Zoning Packets , OF , PLZON , C , P , Y , END OF PLANNING & ZONING SCHEDULE LEGEND: AR -- Annual Retirement ,ATA -- After Term Audit ,OPR -- Official Public Record AD -- Annual Destruction ,C ---- Current ,OF --- Office File AS -- After Sale/Settlement ,NR --- Non -Record CITY 0 ENAI RECORD RETENI�JN SCHEDULE DEPARTMENT: POLICE DEPT. - 700 , FILE CODE: POLDP , PAGE 1 OF 1 , REVISION 02 , DATE: 2 17 93 ITEM , NO. RECORD SERIES TITLE , OPR OF , OFFICE OF , RETENTION RECORD PERIOD OFFICE;ARCHIVE , i I; MICRO- FILM VITAL', REMARK 106 ; Activity Logs i OPR POLDP AR P i N V 107 , Case Files , OPR , POLDP , AR , P , Y , V , 108 , Communication Logs , OPR , POLDP , AR , 2 , N 109 , Crimestoppers Files , OF , POLDP , AR , 2 , N 110 , Impound Slips , OPR , POLDP , AR , P , Y , V , ill , Personnel Files , OPR , FINCE , C , , N 112 , Case File Photographs , OPR , POLDP , C , P , N , V , 113 , Property, Lost & Found , OPR , POLDP , AR , 2 , N , , 114 , St-l's , OPR , POLDP , AR , P , N , V , 115 , Traffic Citations , OPR , COURT , AR , 2 , N 116 , Traffic Warrants , OPR , COURT , C , , N END OF POLICE DEPARTMENT SCHEDULE. LEGEND: AR -- Annual Retirement AD -- Annual Destruction AS -- After Sale/Settlement ,ATA -- ;C ---- ;NR --- After Term Audit Current Non -Record ,OPR --Official 1OF --- Public Record Office File CITY OF KEPNAI RECORD RETENTION SCHEDULE DEPARTMENT: Public Works - 800 , FILE CODE: PUBWK , PAGE 1 OF 5 , REVISION 02 , DATE:2/17/93 ITEM RECORD SERIES TITLE OPR/OF OFFICE OF RETENTION MICRO- , , NO. i RECORD PERIOD FILM 'VITAL, REMARK 117 1 Agreements OF CYMGR 118 , Alaska, State of a., Departments Agencies , OF , CYMGR , AR , , N b., Executive , OF , CYMGR , AR , , N c., Legislative , OF , CYMGR , AR , , N 119 , Assessments - Work Papers , OPR , PUBWK , C , 5 , Y 120 , Brochures , OF , PUBWK , C , , N 121�,-^ Construction Projects , , , , , , , Files to be purged prior to filming and/or storage. Whichever is earlier. a., Buildings 1. Acceptance , OPR , PUBWK , C , P , Y , V , 2. Bids & RFP's , OPR , PUBWK , C , P , Y , V , 3. Contracts Change Orders , OPR , PUBWK , C , P , Y , , 4. Contractor Evaluation , OPR , PUBWK , C , P , Y , V , 5. Correspondence , OPR , PUBWK , C , P , Y , V ,Se ect ve retention; only significant correspondence. Final set only. 6. Drawings As-Builts , OPR , PUBWK , C , P , Y , V , 7. Equip.Specs. & Inventory, OPR , PUBWK , C , P , Y , V , 8. Reports , OPR , PUBWK , C , P , Y , V , 9. Specifications: const. , OPR , PUBWK , C , P , Y , V , 10. Tests , OPR , PUBWK , C , P , Y , V , b., Harbor , (same as Item 121a. 1-10) OPR , PUBWK , C , P , Y , V LEGEND: AR -- Annual Retirement AD -- Annual Destruction AS -- After Sale/Settlement ,ATA -- ;C ---- INR --- After Term Current Non -Record Audit ,OPA ;OF --- -- -of FicialPublic Record Office File CITY OF KENAI RECORD RETENTION SCHEDULE DEPARTMENT: Public Works - 800 , FILE CODE: PUBWK , PAGE 3 OF 5 , REVISION 02 DATE: 2/17/93 RECORD SERIES TITLE NO. RECORD i PERIOD FILM IVITAL', REMARK ' ! OFFTCE!ARCHTVF ! i d.; Evaluation OPR PUBWK e., Insurance , OPR , PUBWK , C , 5 , N f., Permits , OPR , PUBWK , C , 5 , N g., Reports , OPR , PUBWK , C , 5 , N h., Stop Work Violations , OPR , PUBWK , C , 5 , N i., Zoning , OPR , PUBWK , C , 5 , N 129 , Inventories , OF , FINCE , C , 5 , Y , V , 130 , Lighting/Highway , OPR , PUBWK , C , 3 , N 131 , Maps , OPR , PUBWK , C , P , Y , V , City produced maps on y. 132 , Payroll , OF , FINCE , C , , N 133 , Permits , a., Building , OPR , PLZON PUBWK , C , P , Y , V , See PLZON - 600. b., Others , OPR , PLZON , C , 3 N , , See PLZON - 600. PUBWK 134 , Policies & Procedures , OF , CYMGR , C , , N 135 , Project List , OF , PUBWK , AR , 1 , N 136 , Project Maintenance a., Buildings ,1. Correspondence , OPR , PUBWK , C , 3 , Y ,2. Inspections , OPR , PUBWK , C , 3 , Y , 13. Janitorial , OPR , CYMGR , C , 3 , Y 14. Maintenance , OPR , PUBWK , C , 3 , Y 15. Operations Reports , OPR , PUBWK , C ,3 , Y LEGEND: AR -- Annual Retiremen nin -- Aztier germ C ---- Current NR --- Non -Re, vrn -- VrrlClal Yu, OF --- Office File AD -- Annual Destruction AS - After Sale/Settlement CITY OF )NAI RECORD RETENT.LoN SCHEDULE DEPARTMENT: Public Works - 800 , FILE CODE: PUBWK , PAGE 4 OF 5 , REVISION 02 , DATE: 2/17193 NO. RECORD SERIES ljxi ; . 6. Testing i OPR i PUBWK ICRO- 11 11 FILM ;VITAL; REMARK b., Harbor , OPR , PUBWK , C , 3 , Y (as appropriate from Item 136a. 1-6) c., Roads , OPR , PUBWK , C , 3 , Y (as appropriate from Item 136a. 1-6) d., Sewer Treatment Plant , OPR , PUBWK , C , 3 , Y , (as appropriate from Item 136a. 1-6) e., Signs & Signals , OPR , PUBWK , C , 3 , Y , (as appropriate from Item 136a. 1-6) f., Street Improvements , OPR , PUBWK , C , 3 , Y , (as appropriate from Item 136a. 1-6) g., Subdivisions , OPR , PUBWK , C , 3 , Y , (as appropriate from Item 136a. 1-6) h., Water & Sewer , OPR , PUBWK , C , 3 , Y ,(as appropriate from 136a.1-6) 137 , Purchase Orders & Regs. , OF , FINCE , C , , N 138 , Reading Files , OF , PUBWK , AD , , N 139 , Reports Studies , OF , PUBWK , C , P , N 140 , Revenue Sharing , OF , FINCE , C , , N 141 , Snow Removal , OF , PUBWK , C , , N 142 , Street Naming Numbering , OPR , PUBWK , C , P , Y , V , 143 , United States Government a., Congress , OF , CYMGR , C , , N LEGEND: AR -- Annual Retirement AD -- Annual Destruction AS -- After Sale/Settlement ,ATA -- ;C ---- ;NR --- After Term Audit Current Non -Record ,OPR ;OF --- -- O—ffi-cla-1 Public Record Office File CITY O �PNAI RECORD RETEN2_,M SCHEDULE DEPARTMENT: FIRE DEPARTMENT - 400 , FILE CODE: FIRDP , PAGE 1 OF 1 , REVISION 02 , DATE: 2/17/93 S TI 63 ; Apparatus RECORD 11 PERIOD 1 FILM 'VITAL', REMARK a. , Inventory , OPR , FIRDP , C , , N b. , Maintenance , OPR , FIRDP , AR , 5 , N , , Engine pump test records. 64 , Correspondence , OF , FIRDP , AD , , N 65 , Daily Logs , OF , FIRDP , AR , P , Y , V , 66 , Equipment a. , Inventory , OPR , FINCE , C , , N b. , Maintenance , OPR , FIRDP , AR , 3 , N 67 , Fire Prevention , OF , FIRDP , C , 1 , N 68 , Forms , OF , FIRDP , NR , , N 69 , Inspections a., Buildings , OPR , FIRDP , AR , 5 , N b., Equipment , OPR , FIRDP , AR , 5 , N , , Hose hydrant test recor s. 70 , Personnel , OF , FINCE , C , , N 71 , Reading Files , OF , FIRDP , AD , , N 72 , Reports/Studies , OF , FIRDP , C , , N 73 , Training , OPR , FIRDP , AR , 3 , N 74 , Arson Investigations , OF , FIRDP , AR , P , Y , V , 75 , Fire Run Reports , OF , FIRDP , AR , P , Y , V , 76 , EMS Run Reports , OF , FIRDP , AR , P , Y , V , 77 , Blood Borne Pathogens , OF , FIRDP , C , P , N , V OSHA regulations. 78 , Animal Control Cases , OF , LEGAL , C , 10 , Y 79 , Attorney Consulting , OF , LEGAL , C , 5 , N LEGEND: AR -- Annua AD -- Annual Destruction AS -- After Sale/Settlement A"re -- ercer Term C ---- Current NR --- Non -Record ven -- vti,ic:iai ru OF --- Office File CITY OF KENAI RECORD RETENTION SCHEDULE DEPARTMENT: LEGAL DEPARTMENT - 500 ' FILE CODE: LEGAL , PAGE 1 OF 1 , REVISION 02 , DATE: ITEM NO. 95 TITLE RECORD i PERIOD 1 FILM 'IVITAL'i REMARK 80 ; Bid Preference Systems ; OF ; FINCE ; C N 81 , Civil Action , OPR , LEGAL , C 10 Y V , , , , 82 , Claims Against City , OPR , LEGAL , C , 10 , Y , V ,AS 09.10.100 w/o disability AS 09.10.060, 3 years, AS 09.10.070, 2 years 83 , Code Violations , OPR , LEGAL , C , 10 , Y 84 , Contracts, Leases, Deeds , OF , FINCE , C N i i 85 , Opinions , OPR , LEGAL , C , P , Y , V , 86 , Professional Serv. Regs. OF LEGAL C 5 N , , , , , 87 , Traffic Cases i OPR LEGAL , C , 10 , Y , V ,Only if a felony. END OF LEGAL DEPARTMENT SCHEDULE AR AD AS -- Annual Destruction -- After Sale/Settlement 1 nxA -- -LxLer germ C ---- Current INR --- Non -Record ven -- vrriciai ru OF --- Office File CITY OF NAI RECORD RETENTlvff SCHEDULE DEPARTMENT: PLANNING & ZONING-600 , FILE CODE: PLZON , PAGE 1 OF 2 , REVISION 02 , DATE: 2 17 3 ITEM RECORD SERIES TITLE , OPR OF , OFFICE OF , RETENTION , MICRO- , , NO. i RECORD i PERIOD FILM 'VITAL, REMARK F.` i ! OFFICE!ARCHIVi ! i Agendas/Minutes OF i CYCLK i C 89 , Meeting Tape Recordings , OPR , CYCLK , C , 6 , N 90 , Building Survey Requirement, OF , PLZON , C , 3 , N 91 , Capital Project -Non -Finance, OF , PUBWK , C N 92 , Codes , OF , CYCLK , C , , N 93 , Correspondence , OF , PLZON , AR , 3 , N 94 , Deeds & Leases , OPR , CYMGR , C , P , Y 95 , Lands a. , Disposal Actions , OPR , LEGAL FINCE , C , 10 , Y b. , Foreclosures , OPR , LEGAL , C , P , Y , V , c. , Maps , OF , PLZON , C , 3 N PUBWK d. , Plats , OPR , PLZON , C , P , Y , V , PUBWK e. , R.O.W./Easements/Vacations , OF , PLZON , C , P , Y , V , f. , Selection , OF , PLZON , C , P , Y , V , g. , Selection 35 & 36 Lands , OF , PLZON , C , P , Y , V , h. , Water Rights , OPR , PLZON PUBWK , C , P , Y , V , 96 , Ordinances , OPR , CYCLK , C , P , Y 97 , Patents , OF , CYMGR , C , P , N 98 , Permits , a., Building Permits , OPR , PLZON , C P i i Y PUBWK xx -- xnnuai xetirement ;ATA -- After Term AD -- Annual Destruction 1C ---- Current AS -- After Sale/Settlement ;NR --- Non -Record OPR -- Official Public Reco OF --- Office File CITY OF KENAI RECORD RETENTION SCHEDULE DEPARTMENT: Planning & Zoning-600 , FILE CODE: PLZON , PAGE 2 OF 2 , REVISION 02 1 DATE:2/17193 ITEM i RECORD SERIES TITLE OPR/OF , OFFICE OF , RETENTION , MICRO - NO. ' RECORD , PERIOD FILM ,VITAL, REMARK OFFICEIARCHIVE b.; Conditional Use ; OPR ; PLZON ; C P Y ! ! C., Building Encroachment , OPR , PLZON , C , P , Y , d., Home Occupation , OPR , PLZON , C i P Y e., Variances/Appeals , OPR , PLZON , C , P , y V 99 , Purchase Orders , OF , FINCE , AD , , N � � 100 , Reference Mat. (incl. maps), OF , PLZON , C , , N i 101 , Reports Studies , OF , PLZON PUBWK , C , 10 , N 102 , P&Z Resolutions , OPR , PLZON , C , P , Y 103 , Rezoning , OPR PLZON , , C , P , Y , V , 104 , Subdivision Plats , OPR , PLZON , C , P , Y , V , 105 , Zoning Packets , OF , PLZON , C , P , Y , END OF PLANNING & ZONING SCHEDULE LEGEND: AR -- Annual Retirement ,ATA -- After Term Audit ,OPR -- Official Public Record AD -- Annual Destruction ,C ---- Current ,OF --- Office File AS -- After Sale/Settlement ,NR --- Non -Record CITY 0 ENAI RECORD RETENI�JN SCHEDULE DEPARTMENT: POLICE DEPT. - 700 , FILE CODE: POLDP , PAGE 1 OF 1 , REVISION 02 , DATE: 2 17 93 ITEM , NO. RECORD SERIES TITLE , OPR OF , OFFICE OF , RETENTION RECORD PERIOD OFFICE;ARCHIVE , i I; MICRO- FILM VITAL', REMARK 106 ; Activity Logs i OPR POLDP AR P i N V 107 , Case Files , OPR , POLDP , AR , P , Y , V , 108 , Communication Logs , OPR , POLDP , AR , 2 , N 109 , Crimestoppers Files , OF , POLDP , AR , 2 , N 110 , Impound Slips , OPR , POLDP , AR , P , Y , V , ill , Personnel Files , OPR , FINCE , C , , N 112 , Case File Photographs , OPR , POLDP , C , P , N , V , 113 , Property, Lost & Found , OPR , POLDP , AR , 2 , N , , 114 , St-l's , OPR , POLDP , AR , P , N , V , 115 , Traffic Citations , OPR , COURT , AR , 2 , N 116 , Traffic Warrants , OPR , COURT , C , , N END OF POLICE DEPARTMENT SCHEDULE. LEGEND: AR -- Annual Retirement AD -- Annual Destruction AS -- After Sale/Settlement ,ATA -- ;C ---- ;NR --- After Term Audit Current Non -Record ,OPR --Official 1OF --- Public Record Office File CITY OF KEPNAI RECORD RETENTION SCHEDULE DEPARTMENT: Public Works - 800 , FILE CODE: PUBWK , PAGE 1 OF 5 , REVISION 02 , DATE:2/17/93 ITEM RECORD SERIES TITLE OPR/OF OFFICE OF RETENTION MICRO- , , NO. i RECORD PERIOD FILM 'VITAL, REMARK 117 1 Agreements OF CYMGR 118 , Alaska, State of a., Departments Agencies , OF , CYMGR , AR , , N b., Executive , OF , CYMGR , AR , , N c., Legislative , OF , CYMGR , AR , , N 119 , Assessments - Work Papers , OPR , PUBWK , C , 5 , Y 120 , Brochures , OF , PUBWK , C , , N 121�,-^ Construction Projects , , , , , , , Files to be purged prior to filming and/or storage. Whichever is earlier. a., Buildings 1. Acceptance , OPR , PUBWK , C , P , Y , V , 2. Bids & RFP's , OPR , PUBWK , C , P , Y , V , 3. Contracts Change Orders , OPR , PUBWK , C , P , Y , , 4. Contractor Evaluation , OPR , PUBWK , C , P , Y , V , 5. Correspondence , OPR , PUBWK , C , P , Y , V ,Se ect ve retention; only significant correspondence. Final set only. 6. Drawings As-Builts , OPR , PUBWK , C , P , Y , V , 7. Equip.Specs. & Inventory, OPR , PUBWK , C , P , Y , V , 8. Reports , OPR , PUBWK , C , P , Y , V , 9. Specifications: const. , OPR , PUBWK , C , P , Y , V , 10. Tests , OPR , PUBWK , C , P , Y , V , b., Harbor , (same as Item 121a. 1-10) OPR , PUBWK , C , P , Y , V LEGEND: AR -- Annual Retirement AD -- Annual Destruction AS -- After Sale/Settlement ,ATA -- ;C ---- INR --- After Term Current Non -Record Audit ,OPA ;OF --- -- -of FicialPublic Record Office File CITY O J ENAI RECORD RETENI�JN SCHEDULE DEPARTMENT: Public Works - 800 , FILE CODE: PUBWK , PAGE 2 OF 5 ','REVISION 02 , DATE: 17 9 NO. RECORD c.i Roads OFFICE OF RETENTION RECORD PERIOD 1 OPR ; PUBWK FILM VITAL', REMARK (same as Item 121a. 1-10) d., Sewer Treatment Plant , OPR , PUBWK , C , P , Y V e., Signals & Signs , OPR , PUBWK , C , P , Y i V , (same as Item 121a. 1-10) f., Street Improvements , OPR , PUBWK , C , P , Y V (same as Item 121a. 1-10) g., Subdivision , OPR , PUBWK , C , P Y i V , (same as Item 121a. 1-10) h., Water & Sewer , OPR , PUBWK , C , P , Y , V (same as Item 121a. 1-10) 122 , C.E.I.P. , OPR , PUBWK , C , 3 , N 123 , City Specifications , OF , CYCLK PUBWK , C , P , N 124 , Complaints , OF , CYMGR , AD , , N 125 , Engineering Contracts , OPR , PUBWK , C+1 , 5 , Y , V , Unless litigation anticipated. 126 , Easements/Encroachments , OF , PLZON , C , P , N 127 , Funding Budget , OF , FINCE , C i i N 128 , Inspections - Case File a., Certificate of Occupancy , OPR , PUBWK , C , 5 , N b., Codes , OPR , PUBWK , C , 5 N c., Drawings , OPR , PUBWK , C i i N LEGEND: AR -- Annual Retirement AD -- Annual Destruction AS -- After Sale/Settlement ,ATA -- IC ---- ;NR --- After Term/Audit Current Non -Record ,OPR ;OF --- -- Official Public Record Office File ►n � in kn A H, z z o ru 1a �+ Q O ww aU w w O -- - U U >4 pHr�04 U PC O�►U+ 0 O � w 4 0 Ca N a w A4 0 a O o 1 IH o 10 to 6 to H H b $ 3 r W M (a •.1 w 0 .4 x a) x .-1 (n -4 U $4 $4 Or -� a a -A 4) x W H 2 Ca4 I% vi N H a H CT [a-. I,al-N Llon- 1 r, , U �+ m 0 •a c a a O O kO 81 I0 a 69 a a % 14 o to Io to w a 44 U A � 0) ro a� W 44 W 00 I 1 I a aw 00 e % ." U U U U N m w a 0 04 U z � a � � ► I 1 a a t')i 04 19 o to a a� o� U � to E 0 0 N $4 U) ON m N CL +� a a a as o ro ro N 4J N -.4 0 to r. C to to 14 C a z d+ U O m A 0 p, 4 N 4J c c w RCa m -4 U U {� U 01 01 l3 I+ N a 01 C 1 1 1--4 O O -rl O H 0 a° a a a:3a U Q2 w IH 0 0 "z a M l r. 1°a 5 I'' M U AM�Rj 3 00 A a ro o ro 0 �a 0 - M M M - [ H 11 I -I r G $ $ N 41 N i 1.) 41 J-) J H H H F 0 0 0 0 N N r-4 N w w a w v N N 41 N t11 1 ro ro N ro ro N N V N tP a 04 ro a •.+ 0 0 0 cn c •� 04 QI [w H a cb b m 0 m04 N m N A N C H N rn ro u1 3 m O+ i ro ro 0 ro a► ro �+ x-- x -- cn -- ra "trrrrrla i, 14 , i it > It; I CITY OF KENAI RECORD RETENTION SCHEDULE DEPARTMENT: Public Works - 800 ; FILE CODE: PUBWK PAGE 5 OF 5 , REVISION 02 DATE: 17 9 ITEM , NO. RECORD SERIES TITLE , OPR OF , OFFICE OF , RECORD I ! RETENTION PERIOD OFFICE:ARCHIVE , MICRO - FILM (VITAL: REMARK b.; Department/Agencies ; OF ; CYMGR ; C ; ; N c., Executive , OF , CYMGR , C , , N 144 , Utilities , OF , PUBWK , C , , N , 145 , Vehicles , OF , FINCE C 146 , Waste Disposal , OPR , PUBWK , C , 3 , N , , Unless required to support contested actions. END OF PUBLIC WORKS SCHEDULE LEGEND: AR -- Annual Retirement ,ATA -- After Term Au it ,OPR -- Official Public Record AD -- Annual Destruction ;C ---- Current 1OF --- Office File AS -- After Sale/Settlement ;NR --- Non -Record SUGGESTED BY: Councilwoman Swarner City of Kenai RESOLUTION NO. 93-13 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONGRATULATING THE KENAI CENTRAL HIGH SCHOOL 1992-1993 4A VARSITY GIRLS BASKETBALL TEAM. WHEREAS, the Kenai Central High School is comprised largely of students from the city limits of Kenai; and, WHEREAS, students of the Kenai Central High School are encouraged to excel in academic and athletic challenges by their parents, teachers and coaches; and, WHEREAS, it is well-known that extra -curricular activities assist in inspiring camaraderie, a sense of values, sportsman- ship, tradition, teamwork, goal -setting, and pride in the school; and, WHEREAS, the 1992-1993 KCHS Girls Varsity Basketball Team have proven to their families, underclassmen, teammates, and most importantly, themselves, just how important hard work and teamwork can be; and, WHEREAS, the City of Kenai includes not only the City Council and Administration, but the citizenry of this community; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the KCHS girls varsity basketball team be congratulated for their success during the 1992-1993 basketball season and their placement at the 4A STATS GIRLS BASJWBALuL rOURNAMMM. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of February, 1993. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Suggested by: Librarian City of Kenai RESOLUTION NO. 93-14 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $2,500 IN THE GENERAL FUND FOR REPAIRS TO LIBRARY CHAIRS. WHEREAS, the chairs in the Library are seventeen years old, and are in need of woodwork repairs and reupholstering. WHEREAS, the Librarian has located excess money in the existing budget to transfer. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Library - Repair & Maintenance Supplies $2,000 Library - Professional Services 500 To: Library - Repair & Maintenance $2,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of February, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (2/11/93) kl Wznai Communikq _fi&azy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Dat.C' 9 Febr_u.ary, 1993 To: Charles Brown, Finance Director Fl:(:)m: Emily DeForest, Library Director Subject: Library furniture I would like to have the library chairs recovered and the woodwork on them sanded. Since the present form of the Legislative grant does not include repairs may I transfer funds into repair and maintenance to allow the library to repair the chairs? The chairs were all included in the original construction grant in 1976 and are basically in good condition except for minor gouges in the wood and worn-out. upholstery. New chairs of this quality would cost about $400.00 each. The library has been quoted $60.00 to $65.00 each chair depending on upholstery material. Suggested by: Administratio„ City of Kenai RESOLUTION NO. 93-15 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $39,651 IN THE COURT FACILITY CAPITAL PROJECT FUND FOR ADDITIONAL CONSTRUCTION COSTS. WHEREAS, the City appropriated $250,000 for inspection of the Court Facility, and the actual inspection contract is for $210,349; and WHEREAS, the unused inspection money is needed in the construction account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Court Facility Capital Project From: Inspection $39,651 To: Construction $39,651 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of February, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: ter_ (2/12/93) kl c , 6 TO: Mayor and Councilmembers City of Kenai FROM: Carol L. Freas, City Clerk City of Kenai DATE: February 12, 1993 RE: 1993 Liquor License Pteru wal Application Casino Bar - Beverage Dispensary Casino Liquor Store - Package Store I have received information from the Borough that Casino Bar and Casino Liquor Store are owing taxes. The Borough has given the owners until February 19, 1993 to come current with amounts owed. The thirty -day period in which the City of Kenai has to respond to the Alcoholic Beverage Control Board is February 28, 1993. Since this meeting is the last meeting prior to February 28, 1993, it was necessary to place the above -referenced applications on the agenda. It is my understanding that if the taxes are not paid to the Borough by February 26, 1993, the Borough will issue letters of objection. Does Council wish to issue letters of objection immediately? Or, does Council wish to approve the renewals coat goat upon the 1992? (If the tastes axe not brought current, letters of objection would be sent on February 26, 1993.) clf OWALTERI H/CKEL, GOVERNOR DEPARTMENT OF REVENUE UE ANCHORAGE, ALASKA 99501.6898 550W 7THAVE ALGI�HULICBEVER4GECONTROL BOARD January 27, 1993 Carol Freas, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms. Freas: 1,262; �j dY JAN 199, 2C 0) �h`Et Zl lti��" We are receipt of the following applications for renewal of liquor licenses within the City of Kenai. You are being notified as required by AS O4.11.520. BEVERAGE DISPENSARY CASINO BAR cc: Kenai Peninsula Borough PACKAGE STORE OAKEN KEG SPIRIT SHOPS #58 KENAI COUNTRY LIQUOR CASION LIQUOR STORE ,1//, � 51"?:! � 7 - , " // '/ A�14� - 04-015LH ��PAGE I OF 2 SM96 40 MOM UOUOR LICENSE APPLICATION (PAW* 0900 -'spo"M Amlolwsod' 0) va qpnwm k $or "w* wrN 0 AM=WdWVW 0 "ookmoMpoOdb000ft Two D GWMRLIIPW El 47A- 0.xoir "I'll" pkvo OR -0 evil Lim"" Fill" I" 100.00 pwwoy w TdW Liam (iSa •Mw4woM.wrMUD..MlwrrwmmMMq —Z-h , (!� UIR1NdM a 0mwWM�=WLlWbj Ad*m 1 <99 3- liff 'MWN A MEW MMJW ADORM smoommkdol6mm ro WWI— Iml "m itomdrimor emnlambMembewomme t'j roox." 0 ABOUIA16 OR O owr.m..nnr.. ri LM W40 n WSW 0 NO AfpkoMo 0 imm onow"ow: b: QP"s4mWftWWFb4jl 'pkqmbmdformwoWl p buNags) d4V Hvw*Adr q Q 6MWMc.MWwALIWb 11;�; 1:. � � "Getion-ly. "W000mw"s dol " .00=0" "Mo. fmmo MAMA" 8, ob a Pww" of me am" 1111111 1=1 il .- bdm 40dlhm 1 0 ;1111 prlMbft 13 YES ALNO 0 YES MIto y 5 0 YES D Noole 13 wd*A@*Lil.$M Moos" WWMWftA&Ww dCwr*mLb*"i* 0 TumrMw1 dololloojw WNW AS GWAN ftr p%qom- aI" a mw M"hw" -paw. *a As fill'al ; rowwvwo"ol -1 Nrr mi MRfOPE TKNONK 0WV MMW— As: Pu*aw Huro 08:(W TPM$FEK SbW Ad* — MOO-Mlidki IW*FWA I A � C, K" (A804.11M" 71j, clyz A =ao 7 2 CRY awe ftw 00WOMbOfteo"o. WVMWMMgood *WWM Aftft 16MM"WOWMEOM WO 00"M"WO la YEs o No ft- Pk— WW MORV -d.0 4VI-L t. , e- M Q � Is 7 /4 c- F4T4 i. AVOWS Ab" R"WMW Agmft F4ww No ,/ 3 —/ Ve s— coopeRAT"m DIMUCTOM AM WMCKNQUXM VJ" S*WADW sk"N N OocowsrO %w Sham of H"Ad"m Dwo of oft Y 7 4E:nj4, A ic 5��; s - v/ gy A, 7, / V - -Z—t— THIS AREA OFFICE USE ONLY Form 04-001 Pfto 1 (RAV, M) IMINIE'l ALASM LMUM LICEM APPLICATION PAGE 21 of MM oromm7moL Ttwkfsmmi n MrwWedfwwMagpilmite7n'1MrWllm stirWWT#mmww. 6i;&—g 'J4.4 A-- A.�, am% Alf- 9% IOWA suo?6 vp as" Aaamme M WW*aw" ACV- 041008a HMO Pheft VftkF4wmw ex" Team son" "IMP111- 1*0 FAM 7-; dr . Allsom k2 1A MO as& 'M"wA tic mass lifterais His" h" Ise vooe IlMlamw Irwee, am =Y*Abuso or ""Mmddwmsow hmmm" CINID eA osimobom emmoMplat e*AWq.eVMMMGfA$ 04. wboft*@WAlbd we 6 of ftenewd In so" awo C) Visa of Pww. -4 I'dili I* I have OXMIIW WAS OPPONOO"• kX*XlkV ft MccOrnpa" schedules, and statements, and to Ihe mml� * I - ='==s='N Is two, com OW corripme. I kirlitim, asMI1111hod Itimmmammilmod am familiar wNh Thle 4 of ft AkWo statute* ard its regulations. and that in accordance with AS o4.11.450. no Pmm COW INTO "'SPP"ftn4$) Or 110WIS644111) has any Aired or intfirect ffnwww Irderrost In the konow business. I OW" 10 PMWOO d WWMOM rQ**Od by the A100111011C BOP11WS1110, Control SOMMd IM support of fts appkation. v app1m Ill later Dispensary or package More, license. I artily that o*O applicant nornod on this application has resided In is %1101 the *We sit Alkalis, lot mile year prim to the date of this application; arlivor th ddo, 1-1 mm"11- is 7,1311110111111 Is 8 COrMatim registered and qu~ to 0110 brans, yovirprior tomodittoloilm appilcotiori, arise ft shareholders have r*Wod ki ft awbolAimalwi. br,dISM "O.wp"l OoO of Nsappiloodon. Subearlmd mid W16M Is before me 00 StfallertmId over seem to' pq tom M fty or %-19 cwy of HOTARir PUSUG IN AM FOR ALASKA o , NOTARY! jH as-'1-S'3 ,M.Aiqp"ALASKA hey wft" —7 14 ' I 03virem kv am dodo Fom 04-M Pege 2 (Aw. YAM) °'«.«„"•. LIQUOR UCENSE AnON % A1anae ce■ra Bend PAGE 1 OF 2 ,trrtAftr.rrw i A t rMr� BRi�/fa� tad P■ % t .w t % IM Abe ford. Rr�P.ntwywws■.. lldt forlYuMtee pA■tltotlp (�AkAarbtldryar ❑ -no■4m■natpnMdhfEYtIIYIE �yallbq r sty r 4 y a MM u-" D ilaar 4;1 4. AAR 44.( D :wwot OralrR LhImmomkift ❑MdMONM no •ate EMw a n■IMM Mdntti�r 00680r..MrwMi r� MtMt1■uM■: / G4S r .f p 6+A.AC , miG . C Y Ipo 05ax TS7 RC-0 dW AA-- 9 96 / / ❑ lids w A NEW NMYLttO ADDFIW6 ©ate r FN �' hhrllMfNfhrNikgt tfaatoapoltalrpeoft of a Yes "),, Towr MOM $ �YIIwAM�YtlIwi V0 yINHO Wed M■OWJ X.A 44 1E Jc. 9q b I/ nla�■ ww,e.� - N■IMWMnW■dah rM! .,'.. pail/pr. Mtw�lMlon�1 no baa 000 tt■rL hmn rr bound tlwd■ mu■u.ld 3rn:ci.: � CbAM10hiMiM: Y 1 D AB04.t1A10 OR ❑ ffttdlllw tt■II�IIMa{ CKL■■■twls0■m. 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(AS0M1.na) DON ewrls As (k%k" w Nana) OaM Of IOo■epat«tp■ In ANak■ ' 06aat Addit t or LOW & of oodoom s rnA-411 5; Cfy. ON66 MP Cod* iQ r� 9 94 "t Cky and Bnto Colpor«a CX to Phom No. Y tt■ auaw nrttlq corP«adlal b pooe I IF wo tta Bt"a AtnhR D4"dW4■t Of COMww.ttd Eaonw■t OwalopinaltC! Rittutalad Aq" QftM ■na MW" Adds) S 1 A0a«'a AI■ah■ Raald■M.y YES ❑ NO R 1LI ^-s% C, rYIC Itt vz: F WL �'1 Id,r (�tra C 48c t.la�) Si • Ar.nr. Pnat. 4-1cA - /G 4 $'U 1. No.-� . 243 COItPORATKJN O01EC11 OIt! AM ftOCtON7ILDERd (tAi■ addrlan« anaab h riaeuaory) — 7No now (Oo noun . FNn� Atldpaa % or shwa a Ow at BIM UarrtttataMp �_ - G an. N a,s ,,, $5--ci-s- T. - GAaa.wD �' o'Qek B.S -7 A-956:/ - --- dj1O�2 MC �-,1Z;t= 7tc)iJCAucr3FrtXS �tc99Soi ?e TMS AREA OFFNCE US E ONLY noa nueear Dana ApparW Otaalarf 6gtMw■ . � �A01 Pr,. 1 In■v. TNI t ALA UQUOR ApPF;dC TM t PAGE 2 M i.. e t !lIWEQ ts1011. torte eMpawnrat boo rwfdadOwaaA—pooftefarr. IN* wam eapwaFlM1, she Itaai marllnrMa` Mr rrNM,e, yMRi� ••e Ti••wa•c ur• esaea•rpe� . "MjFw Pei Fail eee' (Ala •d •rBa FS 7 " - wgo�, fs7. Car. Slaft1*oq. waeAi+ts+« f 11Wv+st noon r•relq�.ae 1,p , — Min» � fteia 41.M•ne fwia mel" •O,�,w) rwac)cam-. we. 1ti)sta , We* pnmr. Oft of tow ' Nam. Prone Vft* phone YOM rlrastr ��!M�raea�+w.«M«.w�+rrM•«sw..�fr.ye•erwtW r.•wporson n�fare�..apawa�or•. "A ONO tw• wseenaes nr,,,o,ern•. str., ap cad. oq, aura. xp ooa. Mama AN�•e tlrMawnt rent mfr1Y1r rda w•) NORM AMM" (r eaea•nr from martrp atldrws) o•t• er 4atrra wonr them. ws. a arm ram. t+hona Wok Phone / era 3 '7• •t Afr111a1 14 1w MMa4MIMCIN/FMUMa9,,i0n111frIMp�lpr•t•allWrou aAYal• p�pp•e.�1tN•opponU•n,WwtlfyMeoiponl.gmpypi Yew lasnrr• Va•m, soli t)sw t�11r1arA a 00Yp•nM a�lorMrtl•� Mmaw• now h•w dr«a ar frltMreal frlanrsth�l sew r loolleNe beYp•pe buaa�•aa rs.naa 'in Abake «any omen wee? © NO 011ie sffro.O-VO .nwoodbudnewaaa•dross. M}rrd MdMMuaaaMpo•NeatyrMMalwra 0eweanrbalar•rdmy.aM•YMend AB tM.pbeen comvloed etaloenatep era LvnaW �awfe�wrnranwwr••�na�ib.i�ipefa9we�pp�orb•v moo w«�+�namom.rwe V40 �O YN IfMrylw•e0 an$*wast"apaper. { _ i dsdrtlsl urtdw pwwft of that I have examhed Ns appNcerion, Including the accompanying schedtees and statemonts, and to the beat of my Iu�enNs dlge M bible k w true, Correct and complete. I further oartllythat I have read and amfamlker wtlh Title 4 of the Alaska statutes and its regulations, and that In accordance with AS 04.11.450, no person offer that the applioant(s) or idrnsee(s) has any direct orindirect nnandar Interest In the licensed business. I agree to provide all Informall4n required by the Alcoholic Beverage Control Board In support of this application. I application Is for a Beverage Dispensary w Package Store license, I certify that each applicant named on this application has rasided In ths state of Alaska for at least ow year prior to the date of this application; and/or the applicant Is a corporation registered and qualified to do b u WAOss In the s fate of Al elks for one year prior to the date of Oft application, or ad of ft shareholders have resided in the state of Alaska 1w at least one year prior to the data of INS application. day and event m Uwq m• Oft ?"�T! J SubearbW and awom a Gape n1e imY � G a.ya�iZ E4' •; E ��� 19 / day s NOTARY PUSUC M AND FOR AlASKA NOTARY PUBUCJN-*MD FOR I ::i I.N aimnalalon totpres -- ae•991 rays 2(Rev. 7,91) .. - t)sw t�11r1arA a 00Yp•nM a�lorMrtl•� Mmaw• now h•w dr«a ar frltMreal frlanrsth�l sew r loolleNe beYp•pe buaa�•aa rs.naa 'in Abake «any omen wee? © NO 011ie sffro.O-VO .nwoodbudnewaaa•dross. M}rrd MdMMuaaaMpo•NeatyrMMalwra 0eweanrbalar•rdmy.aM•YMend AB tM.pbeen comvloed etaloenatep era LvnaW �awfe�wrnranwwr••�na�ib.i�ipefa9we�pp�orb•v moo w«�+�namom.rwe V40 �O YN IfMrylw•e0 an$*wast"apaper. { _ i dsdrtlsl urtdw pwwft of that I have examhed Ns appNcerion, Including the accompanying schedtees and statemonts, and to the beat of my Iu�enNs dlge M bible k w true, Correct and complete. I further oartllythat I have read and amfamlker wtlh Title 4 of the Alaska statutes and its regulations, and that In accordance with AS 04.11.450, no person offer that the applioant(s) or idrnsee(s) has any direct orindirect nnandar Interest In the licensed business. I agree to provide all Informall4n required by the Alcoholic Beverage Control Board In support of this application. I application Is for a Beverage Dispensary w Package Store license, I certify that each applicant named on this application has rasided In ths state of Alaska for at least ow year prior to the date of this application; and/or the applicant Is a corporation registered and qualified to do b u WAOss In the s fate of Al elks for one year prior to the date of Oft application, or ad of ft shareholders have resided in the state of Alaska 1w at least one year prior to the data of INS application. day and event m Uwq m• Oft ?"�T! J SubearbW and awom a Gape n1e imY � G a.ya�iZ E4' •; E ��� 19 / day s NOTARY PUSUC M AND FOR AlASKA NOTARY PUBUCJN-*MD FOR I ::i I.N aimnalalon totpres -- ae•991 rays 2(Rev. 7,91) .. - KENAI PENINSULA BOROUGH 144 N. BINKLEY • SOLDOTNA. ALASKA 99669 PHONE (907) 262-4441 DON GILMAN MAYOR February 11, 1993 City of Kenai Attn: Carol L. Freas, City Clerk 210 Fidalgo Kenai, AK 99611 RE: 1993 Liquor License Renewals RAINBOW BIER OhKZN XZG SPIRIT SHOPS #58 KENAI COUNTRY LIQUOR Dear Carol: A tee! •l£0� - Beverage Dispensary - Package Store - Package Store Please be advised that the Borough will have no objection to the New 1993 application of the above noted liquor license(s) based upon unpaid taxes. The sales tax accounts registered for this business are filed through their required filing periods and the tax year of 1992. The business personal tax account and/or applicable individual tax accounts are in compliance at this time. Please send us a copy of your City Council approval/objection letter for our records. Thank you for your cooperation in these matters. S ncerely, na Derleth Delinquent Accounts VE OF L&SK WALTER J. HICKEt, DEPARTMENT OF REVENUE 550W.77HAVE ANCHORAGE, ALASKA 99501-6698 ALCOHOLIC BEVERAGECOVVTROL &24Rp Carol Freas, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms. Freas: January 27, 1993 ��262N1111 b BAN 199.3 We are receipt of the following applications for renewal of liquor licenses within the City of Kenai. You are bung notified as required by AS O4.11.520. BEVERAGE DISPENSARY PACKAGE STORE / CASINO BAR OAKEN KEG SPIRIT SHOPS #58 KENAI COUNTRY LIQUOR CASINN LIQUOR STORE r ,. cc: Kenai Peninsula Borough �© X�' %-7 04-015LH l �e rK f dleede. CenYMaewd UQ� /� EME I�iJP..1.","(. CATIVi� PAGE 1 C W • ONet (r IM" r ".n'^ � R♦Il�Sod /WY 1 MW a M No ABC 9wd. TMe eppkWM ft for: (Chak W e) C! A /bO adwefer yew ❑ rook mom pww bgbwwv ondd" *Iwo a +w.0 LloaM P44A, «' s 1 0 199 3 rw 92-0 78612 p O.Y ackage Store p, . ]C+Ia(sa OR 0 OUNU Idterc1 MO W. �: 100.00 laeten<Ugww LYetllo MoAw, C3'fm rw �1eet.e ►ktder 0796 p R.Yolwn r Oven wUrpoM awdlor o14� IMeyblawr + �Md�OMy1Mo(NIR4rMdWYo✓ 0004.11. NoNgkrn we"alw+we wweow.e k. B)(�p.+aYn r,InalwYr ny AYboha�e e«�«.yo ( y Qf �` $ T a n �l M1w"Oft- -b" Awowe1"wMsE wa$s% s"V0 a�c+eo Keg Spirit Shops, a artnership of L.J. Cart v.,Inc. and BJG Inv.,• Inc. Alaskan Corporations 12100 Industry Way Blg P 0�515 DOV 1aNUebNeo Oaken Rog Spirit Sh&ps #58 0801000"wwMOOV 0 YM1�Nw+D 710576 Kenai Spur Hwy nai, Ak' 99611 Etl1ee 04""►M~0) 83-6 70 MMOMLw 10rwwr.a M0010 Yowwle"p�MoS1 WN-drr V 1 lo1Wjs (a McNow" ado w"Parl YYa" 0/�IINMMSMY�w�1MMr d� McNo*IMy (YteapeMwt eey. twwoOA er wdkd AknM*eMY)7 Coo" GmLgft: I Dbbv" nMeewed wMYr: LtiM.ee1 ; o AS OC11At0 OR ❑ eke" ffiM so now 0 Lea *AN N ON* 0 HW Aq*vN to . .;: •. . ," - ❑ Low OnOW" 1-: Ptlwdeee40'be kwow Y PYM vob"W to Fln Hroboe (Reputed 1w oew WAS pied b~ ':F 0 dPrwweee AOeebM Ierad Mwreesnelveedee PACKAN! WON& Y aY a rwtwM d No um nedoe M*dMd WNW 10 AAC M4.eee 0 M1 wahol JMMO�90!QWMMIL "Ob-4 O'ol0/0rTmulord LwrA* HOW-1Ro"MOM eppker-0*- [itYeMdNdlyTronekr.AklM�elYbrNdIMMCwdwAsed.11isM. Mrne(NwiOMMNVAtldneoodOwrwKlbwree(Q . (] OMOM�w Twnelw. ewewMd wider Aa Od.11.¢70 M pwpaeo d� �-' - . - - _ - IAa OAi t Y M�, NMIo/ bMOMt1Yy kwow. ew o be Mod W W oft (tO"a Iat1 :Wzz0 P0**lYewlwYe(Ivmhw ►h P Is: _ (hEdtdt'eMiYetteM011beevowyw . 9EFOM TRMgFM Obed Ad&ees or Leadbn _ See Attachment mw Oe a www a eppeewd w oeeppeewn Y a owpwwbn. (As ee.t lme) D ft NYYtao As (&whew 160me) West' Y AAMM McMO Ad*4w abed AMwe or Leowlew of auWne W awe, 37P Cone cy ww Sew Capowly oteoe Ptwno w Y On 0-0 eenod oerpwe0ee to g"d I I web M a" All" DePwbbontdCww"ww wMEeeMmlvOwwYpnwd'1 ® YES ❑ NO j MOMOYetl AOwn P1ww. end Mhav Addnw) Ap ft AIwAe pYddMmy Yea: Moron: Aaw ft Plane No. CO PCAA'"M DM WTOM AND OTOOMMLDER0 (Uw eddaollol d*sfs d oweemy) % or Slave of Tw not MM * Nerve AMeee D" of No o"^01N1� See Attachment r ., . ,. THIS AREA OFFICE USE ONLY rloo" teelrer I Dor ANnlr.esre egn+n+ , , _ Fenw W�Ot Iye 1 (Rev. 7M) ALAsIu LIGIUOR LICOM APPLICATION 1tw PACE 2 OF 2 0111111,10 --wea"POMMM10 0001114001 dirlt'YaII See Attachment Instals IWAVAdbow MMg Afteft CRY. ON" ZIP coo HOMAdbeet (IfflOw limn ow" ft*ofoo Now F"Ww 100106: phow DOW of No Hem vhwr Wwk Fhaw Nelms Lw40hiWAkx1wMs@1dw P/ Vvokwdbe, j n0ly1twenji-rid-10coyall holL UM"dAftftM q Wepplowie tsew [ ](0. fNmrrer Ybwo MN" —1not we (Do nclueekiftW) 1AWg9 Adamm Lft" 'e* (ft. am" zo cow w amen, ap coft A IN Add (I Oftont from nu" sd*e* Harr Addroo(NdHow from nosy ad*"* Oita 61Bier HIM PhD" Vft* phow Daft d am ft" pnww W%9* Rrarr of Airlift ReeMmyr Nq~lne Lw" of AWO R baawpwoaub tlwNNyMaapamoaNlooyw I hW& TO" I Son" Y"M I I'. , §WJM G. INVFWUUAUMW—QMM OFMMR MACKOEMMI). Mot boeoM"Mfor @N"MofgppftWML am any baerMral a , F, -a ~ rwiwd above nave how aw dr4d or h*ad bdaraM Ift 4my adw NoohroN bw4wap bud"M ftenud k Ab" or domy othw @to*? 13 NO See Attachment NO owbuffirmud wowpwNo~NOW-- bevix I N■Many,svblAwr 41AGIN,orbow', wolo or "Wwowel amwame PrnYMwamtoerwaW VER V yr. PM— w V an -psaft NraN of F OMON H. RECLARATION. — Era read— T"g"*gby- -1 d6dwo under penalty of p" VW I have examined tM9 application. including tw accorripanyMg schedulas and statements. and to the boo of my knowledge and bells! ft Is true, owed and complete. I ft~codlfy that I have reed and am familiar with TItI*4 of lh* Alaska statute* and Its regulations, and that In ocoordance with AS 04.11.450. no person c*w than Via appikard(s) or licerisee(s) has any direct or Indirect financial Interest In the licensed business. I agree to provide all Inforniallorw required by the Alcoholic Beverage Control Board In support of this application. If application Is for a Beverage Dispensary or Package Stare license, I certify that each applicant named an this appIlwilorl has resided in Me state of Alaska for at least one year prior to the date of this application; and/or the applicant Is a corporation registered and qw~ 10 clobusirms In the auto of Alaska for one year prior to the date of this application, or all of the shareholders have resided in the slate ofAJsM for at least one year prior to the data of this application. SMINATIMMS) OF CURRENT LICEj (APPLICANT) SONATURELS) OF TRANSFEREE($) 2 General Manager 4bidtoar, , 0 - I mo Ph Submind OW Omni to UNao m this days 19 cl>Q 11-0,71M day or fig-- NOTARY PUBLIC IN AND FOR ALASRA NOTARY PUBM IN AND FOR ALASKA ,,a b 91g,3 0WIF46 - — I k" eon.ir � n . Ii - Fort" 04-M P"D 2 (Rev. 7M) f - WALTER J.11ICKEL, [ a IL d � � 1WPA TINSE ' R OF REVENUE 550 W. 7TH AVE ANCHORAGE, ALASKA 9950�-6698 ALCOHOL IC BEVER,QGE f."L?NTROI. BOARD January 27, 1993 Carol Freas, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms. Freas : 1 rl� �{Y JAN j ¢' CiTY Qt�;. r1 rTYC�F rrr ' / 4S4A'E! Zl l4C:ro We are receipt of the following applications for renewal of liquor licenses within the City of Kenai. You are being notified as required by AS O4.11.520. BEVERAGE DISPENSARY PACKAGE STORE CASINO BAR OAKEN KEG SPIRIT SHOPS #58 KENAI COUNTRY LIQUOR CASINN LIQUOR STORE cc: Kenai Peninsula Borough a/l,/�� Av 04-D15LH M SUN 0 A10111011 PPLICATION PAGE I L LIQUOR LICENSE A 67Z1133 V* 1, b I lefor(chock one) [3 AhdoftrAWVW Cl The ON me pow-, 0- - - Wid WA&V 1993 92-0067340 tj*~ ft'W/750. 00 0 low e Store ft*VWWA0"dq MWM ON 0 t Alalka "" I" I OD.00 PAIWWW ja cument U*w Liow" iiI 0 Tmwwof aj '__ __. M'49� 4j"M P1111104 I appbow.) $ Lbwooi1000 1308 rM -- "a 0 )M YES olill49 0 - TOW 0 RWOMOM 1 0 NO 55n M SAW oNSY wren wau dd*ow 40 9 am" Opp 0 A I ;rz-ood;t=mn! r Inc.rnc. qu-0 p 0 -1111"M - - FIL fleml- LMMTry Street N/A Kenai, Alaska 99611 o "M a A NEW w4u" ADM" Q3-7�51 ond %Motsftn oppill000no. ,Dompjfod, ASOMIA110 08 ❑ (beffew van so mlwo 0 Low VMS* no" 0 Na Appilcoble, 0 Loots Ordbwwo No.: be 9asnssd b: U Plwwa"VWIoRreMmshW(Rw#Arodfor rwwrid BY ❑0"Mn of ftonifto Atutod Mo"Td for GN Now WW R40001100 40)WOOM "M he 004*40 for " of Licenow I*" aW PAWcomon g only. dWhON D. IMMARM jfi�-� TWOO A964.1114070, 111111MV(s) WW I Ad*ow of ORMN ILlow"G(o) 0 "pser Tranow. Any MWM** 000#001 wrNr A894.11.ftbw pwpporof qp*" AS o4.1 1.3"" is a MW 0 An to$ sonoW. *%M be OW Vft 0* 16"4104 w w cam" yedvM 01WWWls: ex" 104DW TRANWV% Doing bobea Ar (BWkHM Nano) BEFOW TFIANSFM Most Ad*on or Locagon - 1 4 WjQM E. CORPOIqAftN INFORMATIO 0"Wis" Nano Fwidto= Uquor, Inc. L MA tW —$"- I "pk- of cooppilemni: 16 0 owporobon. (AS 04.11.390) Doing 1111MMIAd" As (Babies 1 W w) quor Xw-4 Om-mitaw Liquor Daft of Inco"rollon In AAM*a 7-28-78 MdbV AWroW 0- 2941 Sk" Ad*%" or Locaan Of W6000 14 Q Upi I I Street cLy.. . Stu. Zip Code CRY MW State V-- 41-sk. 90611 Co"Vole Office Phone No. 23-1-4182 oorporMlan In good W A with the SWft of Is" ' poll MIM 13 NO WW MolkV AWM@e� Joyce L. Gilman P.O. Box 2941 A@Wo AWM A"Moncy yoww 22 m*wa; 6 AWo Pnwro No. ('oo Z—,j= j �. CORPORATION DWWMIM AIM jiMMOXMI11111111 % or 91aro4 of Do. .111*0 Ow OW Joyce LaVae Gilman Salomato Drive, Nikiski, Alaska P.O. Box 2941, Kenai, Alaska 99611 Donald Eugene Gilman Salomato ])rive, Nliliski, Alaska 4-20-34 5 )S., P.0.rAQ-Kt?'-1941, Kenai, Alaska 99611 THIS AREA OFFICE USE ONLY uc~Mwnw Dos AM-011 Fears 044M Pogo 1 (Rov, 711111) ALABKA tJ.?tM LICENSE APPLICATION PAGE 2 Of 2 Oanr•a.rpadl.ggwwMr.aapa+oorlaorai aAlew r�er•eapaaleRuawlrewcaPa+eawo.rou 4. f ELWVM za aAwlar.pp- ?y • Moalfaw VIONdfarN of opproetlaa. DOw aq bN/MAra a •etP•rm Mbar rrafltd �Ow now Irava ary drwt a brArwa bdwwt b ary Otlrar aloolfat baeanpa buabfow iwrraad b Alwlrap ary cow aatsi 0 NO ?-_ � YM If yos, # w "0, name a buWrwo. aW addrwo. • ,A vY P+F I - I 4 • Kenai Cotmtry Liquor .140 Willow Street •", Kenai, Alaska 99611 raAtusl Hawy blor, p- oabarafbwa d afefla bn aerfetYd aNbny,oYtrlOnaAe Wa ,baafee aanakaad weaswa ermrwewaeanaad plwfieasbaneaor dale - aew atlwrlowe a bra 000 abroe aa em w Mine w gVilcaont - IR NO 3 Yen■ra.Pra expisilon-pum. olpww. • _ .._--�-------- - _ _ _ fiat w wad and pMad br earl appaobrlL 1 dsclara under penalty of perjury tlw 1 have examined this applicatlon, Inoluding tiro accompanying schedules and statements, and to the hest of My WwMedbe and bellet It In We. correct and complete. Ifurtherowdfy that I have read and am familiar with Title 4 of the Alaska statutes and its regulations, and that In accordance with AS O4.11.450, n0 person other than tM applicant(s) or Aeenese(s) has any direct or Indirect Handal Interest in the licensed business. i agree to provide all Information required by the Alcoholic Beverage Control Board In support of this application. If sppliallon Is for a Beverage Dispensary or Package Store license, i certify that each applicant named on this appik etion 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 quatltled 10 do business in the state of Alaska for one year prior to the date of tNs application, or all of the shareholders have resided In the state of Alaska for at least ones year prim to the date of this application. SIO"ATME(S)OF CURRENT LICENSEES(APPLICANT) SMHATU S OF TRANSFEREES) i / ce L. Gilman Donald E. GiDnan f Brrbaarbod affd swam 10 babes rrw art Suburind and swum Io boore me oft dsya�af l.lirr � -1e r�— "a 19_ 110TAtir kFOLIC A10 FOR ALASKA �� c ) �QfMr q IGIN AND FOR ALA&(A Myeaf...bn _- Uey oarrarllralon •,pies Farm 04-M P°aya 2 (Roar. 791) `q W.4LTfR /. f a DEPARTMENT ' IliE1UB 550 WTTH AVE ALLICeEERGE� �W ANCHORAGE, ausxA 99501-ee January 20, 1993 Carol Freas, Clerk 06 City of Kenai y91q, 210 Fidalgo +� Kenai. AK 99611 C Cis, • �"' ! /� `�� a" Dear Ms. Freas: We are receipt of the following applications for renewal o'.-l'igtpnv, � licenses within the City of Kenai. You are being notified as red by AS O4.11.520. BEVERAGE DISPENSARY RAINBOW BAR & GRILL /1�-2/93 A�ewC. Av cc: Kenai Peninsula Borough IAw P' O LIQUOR LICENSE APPLICATION PAGE 1 OF H...,.o.Crna..wd 5w w Mwo M► - Y (Please reed r�na) A1.111p. AN"mo .t Mewed Merle l a" d b an Me Mbaad. Tnee apUaoanon is Mar: WA M any A M am~ yew ❑ The aR mown podod bapubp eat eMi� nr!' dam tAaw a Mor eM a ., 2 -ro.a Type d AppMOMdwe: ' TWO L✓Gcet Mhnnae aMM I Fsr UnMe Yew / 9'33 PIIdaMap 1pl ❑ NowD � � p � .� �w n firpmweaw vrwAn • wnlepMy p�ap� oars MMdt*rlMy � 100.99 M m,waa. ns M Mcwnebaort al WMI M arlMlbew ��MY�PMMSIwdwYw►( p4at.11q�1►) tR(YES p m" I III IMPAMPSIMMAN AMMwb rTom NO C~ o"t ` �`+.�,� i�,„= ❑ TrwnM a Callan 1Mgr'tieasrMiMwYw Mt.nwMMMdw °i z - l3 / l tMrearw _ ^ Oo EnnroPiaaoMMtewbanaMeraeYMeeneaMdnMwbMp MYaw all d aewMl MPPer M tbaMbnMaa: (pMapadr �i0%✓Bo c/ 1�+A2. 4 Cr-; 6 t OwwMwdy (fllfbaMd'MYMMp/WwM lea baraalbMq A114 COY Keya M r4k AWZ G4 J r 1. ?4X TEA- ❑ THMMpANEW W&MWAMW$W nueenaa Mm Number(p) 96 % 2F3 - Mtw M area eAewa iMMa baMMMryaa w McML MMMaMML MMI w aaM*Mod for AMnagl appdet6Ma tMM MW GW M COI N wtMdMMI k"Ma b "Wo m9w Wd ►AcKh" MelO 1 IS I* a rWMOW Of Me aMM W owewwMa.pw..asdoMdw.prwMrneM.p sMwMAw. .Mt«Mw+.RnabMdaw.AMaMe�Mearwrww+aMllarMR Malec epob"WdorowMnd.Nebo"~Abe IewAMpremauenisady _ MeaaabMr�MMwbwMMMdMMIMsf ,r::,s,,ra_yk 0 YES ❑ES Y&J#0 r OYES ` Ia NO All qq .r Mae be srr 0- hM Trwiwr w LMwnelMMwand IMaa/otr aoy. ❑ WnkwwyTmn1w ao. Aap dw IVW,~. An bMwMnd aMnMMod www M da. IAM Mw pugnow a MPPMM^Y As 04.11.489"M IN a w be.am" below, must ba deed oft go appdowMMe(idAACtM.tdP►charrponwntpnpaNmMMnYaCwMwpMrrrhrlK (AMwle wlaa auaYdaeOeaaw" t l levee INSWAft—ol l.ws uorwwlM► J� �.,rfi; :�"1i' ' w, r -- `• Kk ,. M w, ;:_ ,. *. ,,;�5�, 'y,.,, • ' SOW TPAN FM Dobp rYMw Aw (pMMnM No" lVKW TAAaMWBK SWW AMbas w LawdYM E. CORPORATION IN L MMtbMconV Mp raMWftWMaoaepaaMNM. 0004.11-n" - Capaw mom Dov ouoYnao As fpMwbno Nwny Oole of MaaPuoWmv�In Alm" . . Me" Address dbeat Addnov w' of puaoaw w dMa6 ap coo Oly abd pbb 'DapoMraOpba!hair Ilo. M an above nnMod MwpwadaM M aAM do dMwo d Aft"DlpwMnwRaaMMoMMnMoapMepn-lo O YES 0 MD. AMSMW W AgW puree dad Me" Aft*" .. - Agoo[a A1esiva Ft- YwsM: Mates.. h/M>, PtaeMwNa COMOAATIONpMCT I MM$r*C$M$OLMM$M►eddrati Moobpeoosoumo %arm'ewa dw'«W► RANseeNeaweMUtlMq NoMwAddaw D"Palso ._.. - l�a1Ma l Mrr� r "`unr prl - r>T 7M AREA OFWE USE ONLY uowe anMenr OMMaAepaaaod Dr.arra Mupnrw't � :.:: _ _ _ re,m 04- M Pape M (Aw. TAN) A6A-UA UQUCM LCEIGE APPLICATICIN PAGE 2 OF 2 WOOMMIC nobkv*q mft-w- w4wbe pr#woo& mppftw or I mmow.me. ui.omm CA/ MM"Ad*M !S-f>7- S. MA;./ car, so". zo cads CRY. Gnat.. ZIP caft 16-- rl.A,� A k 9 9 z I Ad*M PAUMOMm Waal a - 000 Vft* Phww arm HPhomm Vft * Pow 4F," ;t e. / 1 ;?,s 1 Le"41fAmem 41"~186 ag"'.0 emm'm rdM dww.01 1 1 ISO Samar- hft Mm" Yom UK" BA - A Y s ad 5-02— S. MAW yr NNW ON" "I Orr A4.9: A41 VA* phumb Dow of Me Home M -XS I- 4 " S 4� 1 -z* 3r- 9-1 z 2 Loq*Wftftftwftm!r eaialadanaup ofAMMn RWM=wy w4p~66 P7 Mew.Y— ww Wiff- M--;G. MMMML'JCOMNMTE R BRQ0165W. "Wom"WWW"mmatel. D.weny No VU W7w"00% nwmarWomm Wdad*n& 'N. I'T IYaanrralelaidaaaaalaaaavaeedaeeve combbdef afW".*vbh son of A404 df ko : 0 VW 9- -01 SMMWN FL 06MAMM ""60 Omni whii-e—w0mby each eppaoad. I dodwe under porAOV Of POIL" ttat I have exan*wd INS caftm lndu*V the socornpanying scliedulas and statonwits, and to the beat ol My knookdg* SOW isdai it is MW'Co" and ec"Plat's. I furtw cwdfy that I hmveroad and am famillsir with TM*4 of tw Alaska statutes and Its regulations, and VW In accordance with AS 04.11 . .450, no person oftwor than On opplica"s) or Nowwwo(s) has any direct or Indirect finandal Interest In the Illowisod busirmw I agree to provide all 4damrtian r*Wfrod by ft Alcoholic Beverage Control Dowd In support of We application. N appilogoon is for a Swarage Dispensary or Package Store license. I cortily that each applicant named on this application has resided In the *We of Alaska for at Ismal one year prior to the data of this application; and/or the applicant Is a corporation registered and quaMW to dObU*wu In the *MO d NO" for On* Year Prior to as date of this application, or all of the 81wetiolders have resided In the auto of AW*M for at (*W am year prior lb Ow date of "a application. embeafted WW wwom ft ba"m weeft Wind" WW wan to behm no oft doyet 19 dfflof' As_ it n;A I 21:�2 mormv ftft;;7M AM FOR MAMM ."wMV 4- 04-M PUse 2 Mm. 7M) Alaska Department of Commerce Games of Chance and Contests of Skill and Economic Development DNtsion of Oaplppplonal Licensing � LICr� N P.O. Box I IrOW Juneau, AK 9911111 -OW6 AS 05.16.020 and 15 AAC 106.100(a) Please read the instructions before c ornpieft this application. All sections of the sWicaMon naa#t be completed 1. NAME OF ORGAN f A ION SA. RYI1MAL A►PLICAnoN r Moat INltaant ar Yer 9 Permit Number; - :�-Se� % Issued: z ,Qy�i( d2,C l� �1 MACH the, folla" MOOMD Nome: Cwwd A Was mafribership NM (must have at West 25 members) MsHing Address Copy of ahlarl bents to wftl" of incorporation and bylixi I sny; Include copy Pe. � L �p osrtgkw l�n noo amendment and cerllMcsle of amendment/Incorpo- ` ratlontt. eoad resolution or minutes appointing the primary. member (see Instructions). City, Slate, Zip Code n C1 et Proof of I ft the appNrsilllon with the nearest city or borough (lee InstrudlIms). G% Sepralap" chedcing account number, frank name, address and Ielgihone number: 2. TYPE OF ORGANIZATION 3. TYPE OF GAMES. List by common AW QV 7 Check one box. For definitionsm isee name If other than those. listed. SeeAS 05.15.210 and 19 AAC 105.010 AS 05.210 and 15 AAC 105.1'10 — �l .160. V am so. Nwm APPPUCATMNtatAbar of yaws orbanWtlpn has been In exletonce in Alaska; ❑ e. Charitable b. Civic or Service ❑ a. Bingo MOTE: Bingo games ❑ must not be held mom then A7TAN11t tiro N WR«D items: c. Dog Mushes' Association ❑ d. fourteen occasions In a cal- ❑ � AMNIa nlarrtbaraltlP Nst (must have at bast 25 rrtarnbers) Educational ender month with no more o more ❑ Corfu! Oft a" of articles of kworporation, a cagy of the eertltlate of e. Fishing Derby Association U a than 35 games per � and a copy of bylews and national and atMa charters. I. Fraternal s f games. 1� r or series games. ❑ Copy of IRS oatllloale or tax tattier or test exemption Issued to nonpornt U g. Labor b. Raffles es �M1�Ioc�le. ❑ h. Municipality ty -T c. Pug -Tabs -Tasslcs ❑ Dumettbldo, sharnNorgetizatlonhasbeenInexistenceInAlaskathreeyears U I. nproiNTrade Associatlon U Outboard Wtor ❑ d. ❑ Dog Mushers' Contests or more (e g. bank statements, correspondence to the organizetlon, receipts for ). e. sevbas rendered or suppllad, etc.). Association ❑ I. Fish Derbies ❑ gmndresolution or minutes Intl the member Inch Prlms►Y ergs of games ❑ k. Police or Fire Department ❑ g. Rain Classics© (eat in and Company ❑ h. Mercury Classics flaintlorts}. ❑ Proof off t1Nng lire appilaatbn with the nearest city Or borough (see Instructions). U I. Political ❑ I. Goose Classic ❑ SaptersileStarrift choddng account nu mber, bank name, address and telephone ❑ m. Religious ❑ J. Salmon Classic U n. veterans ❑ k. Contests of Skin number. -- ❑ 1. Marksmanship: Rine, Archery or Pistol Name and malling address of National Organization (K applicable): 4. ORGANIZED AS: ❑ 2. Races ❑ 3. Track and Field Events ❑ Corporation ❑ n. King Salmon Classic S. ESTIMATED 1993 DROSS 7A. E>1 NATEID 11102 GROSS RECEIPTS ❑ Public ❑ Private ❑ Partnership RECEIPTS ALLG 4 $ 75. -- 0te box and --Me the correct amount. Association $0 n � rr, Iphn from ALL (Including memo cart, etc.► Then the ��®O 1 gaming ac9villes war*: permit too Is: I $0'- $19,90; or If you are a New Applicant. ............................. M00 U $20,000 - IIS9 999............................................... I...................... $50.00 ❑ $100,000 or more..................................................................... $100.00 S. LOCAL OFFKAM (must be current bons fide members In good standing) NAME TITLE SOCIAL SECURITY NUMBER DAYTIME TELEPHONE NUMBER !�!� i +e n d Z — o f � a - 24--- S- onC y� � FOR DEPARTMENT IOP CORWAM1C1E A1M/ ECOROIEIC PWVMC PMMWT USE ONLY Ds" of Reeefwt agasap Permit Number 001e of Issue Quarterly Reports Filed ❑ 1 ❑ 2 Flrtanelal Stallamerrt: ❑ Yes ❑ No 1%Fee U Yes U No ❑ 3 ❑ 4 ❑ New NOTICE: GAMING ACTIVITIES MAY NOT DE CONDUCTED UNTIL THE PURINT IS ISSUED. 08-4039 (Rev. 7192) (1) 9. DEDICATION OF NET PROCEEDS. Before a per" can be granted, the orgooftatlon must plan to two Monet proceeds from gaming actMtWs for the awarding of prizes and for poNgp111, odissoonal, civic, public, cltafpabks, pabkotic or rellgbus uoss+IM ALA SK'k (S" InsOnrctlons for specific rules on hen proceeds can and cannot be spamt. In the apaosoolow, lot how your organization pants to use the not procoads Iron thegaming 00008 - (WhotersMps, medical asNatanco, food baskols fat moody, Mreflphtlni ey 10. PWUHM tie CHANGE OF OAMM. This must be a loose fl and salvo member of the gtalf - organization, or an a of the municipally. This person y responsible for ms lialining the roo$P*.and peppning all the ro"Itod rllpprts. An alternate mombor must be dselgnated, are care reaponsble parson during this -been of the primary msrnber In charge. If moss than arse ilNttomtka Is to be doll igned, ateclt a separate ohoat and provide the rr*Avd Information sokod for on this peg for each. It silly plot any or ttMtorllaAs rMIaA7iMer In t7hntge t:hMtgUs durklg the calendar year, you ere roWIrod to noft the Department of the now perswi(s). tlullmil a eopy of Eta boWd tMaltYttfE m iirniffir ales elf naleNNtgo bpi ollinGrogi ow prkawy roomber and giving outhodty, to the primary inmilm In charge to sign Nw apgllwollon an Bob t of, tine Wit. A. PRIMARY B. ALTERNATE Name IC117 Daytime Tele«p�hone No. Na a j! Daytime Telephono No. maling Act"" Social SocurNy, No. 41 ^9 Address It-f 9=10 Security No. © — IV_City, p Stass, ap Gods C1?4 / Title ,rpm ` city. StAle, EIPPode Two i 11. LOCATON1 4W*MtflflMO.oApadrywheratasgWnO*wgt*eondunked.ktcludingthedlrhlaktrof; ofnsfflatk.icons.Ifthlslocation Changes, you must natllyr"the Doportnwnt of Co If" me and Eton!omlc 0ovokipmoot said this lord gsvemfamt wthln 10 days. (For More than one location, attach a separate shoOL) Name and SMeet al larwalaeafor Each tlsming Activity, Attach AfWaaat Pope N �r /_ �, !�a►S Type of Game (fame Contact Person Daytime Telephone 2. 3. 4. 5. 12, OPERATOR (If any). If an operator Is employed to conduct the gaming activities, you must provide a copy of the contract with the operator to ire Department o, Commerce and Economic Developrment at Nast 15 days before actly lee commence. You may contact with only one operator at a bms for each type of gaming activRy. The newsier who has beam dosWW W above as the person In charge of the games Its responsible for monitoring the operatofs perfomtance. Name of Licensed Operator Copy of Contract with Operator: ❑ Is etadtod. ❑ Will be Senn by cOMW rras no later man 15 days before the activities are conducted. 13. THESE QUESTIONS MUST BE ANSsMRW— YES ❑ A. Has any person Noted In 10 or 12 above ever been convicted of, or on parole for a felony within the preceding flee years In any *60o, twWory, or foreign scull ry? ❑ X 8. Has any portion Noted in 10 or 12 above over been convicted of a crime Involving theft or dishonesty, or has ever boon convicted of a violation In any Sate of a municipal, sate or federal gambling law? C. WIII any person listed in 10 or 12 above receive compensation of any kind from the reoedpia of the gaming activities? N yes, expaln. 14. SI4' NATURE. This application must be signed by the primary parson In charge of games Noted In 10A above. CAUTION: A photocopied signature will not be accepted. N400 sure) et the original signed application Is flied with the Department of Commerce and Economic Development. I declare under penalty of unewom fatoNlcatlon that I have examined this application, Including any attachment, and that to thaboat of my know tedgo land wo tow endcompWo. I understand that any lalss Statement made oq this application is punk:hoble ay law. 1 furthordodaro that two copies of this oppNCetlan have boars deNvorod to the name city or borough.41Ilce im 1 CITY OR 0 ff-01 Wit Ad NSE TO APPLICATION. You must subma two copies of this application to the city or borough nearest to the location of the proposed gaming adivttles. Proof of 111tq t accompany this sWeallon. See Instructions. To speed processing,, pease have the appropriate local government ofMlcial l min @. by signatureibisktw, the Vernmin t approval of or abyacten to tiepormIL CAUTION: Nifflo s"ode Ie nth competed, rholp WraSMtgwtMbo tie1 1 15Ags is allowthecRy or borough flow to respond to this application. rr-� THIS APPLICATION HAS LOCAL eov@RNMEKt APPROVAL: y YES ❑ NO (Adach orplaretlon of obiacdon) Signature or Location Qovemmont Official TitlNCity Data Printed Name of Person who Signed TNapione Number NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BY LAW. t� OU 4039 (792) -D-1 Council on Aging Febru-,ry 9, 1'")3 Kena: Senic -cnter AGENDA APPROVAL OF AGENDA APPROVAL OF MINUTES OLD BUSINESS 1. Kenai Peninsula Area Representative 2. Adopt - A - Highway 3. Center Store 4. Memorial Plaque I' 5. NEW BUSINESS 1. Recommendation of New Board Member 2. Proposed Budget Changes/Activity Coordinator 3. Longevity Bonus Recommendation/Advisory COUNCIL ON AGTNG 'ebruary 9, ,093 - )0 a.n. Kenai Senior Center Chairperson Joanna Hollier 1. ROLL CALL Present: Joanna Hollier, Elmer Seay, Pauline Gross, Sam Huddleston, Georgietta Funk, Paul Padilla Also Present: Councilwoman Swarner, Pat Porter, Sylvia Johnson, Loretta Harvey 2. APPROVAL OF AGENDA Joanna reported that Sylvia Johnson wished to be added to the agenda under old business. The agenda was APPROVED as amended. 3. APPROVAL OF MINUTES Gross MOVED approval of minutes as presented. Funk SECONDED. Minutes APPROVED as presented. 4. OLD BUSINESS 1. Kenai Peninsula Area Representative Porter reported this group is probably disbanding. The Council agreed that no representative should be designated until the fate of this group was determined. 2. Adopt -a -Highway Porter reported that she had sent a letter to the State asking them to put Kenai Senior Center on the sign. They were originally going to put Kenai Seniors. This could possibly be confused with highschool students. Porter has already got several volunteers who will help with the project. The group will clean the section of road from Main Street Loop and Bridge Access traffic light to the Warren Ames Bridge. They will be responsible for clean-up three times a year and will probably take place during summer months. 3. Center Store Staff is proceeding with the development of a Center Store. Handcrafts, especially hand -made baby items will be available for sale to the public. These stores are very popular in other centers. Several people have expressed interest in supplying items. The store will be in the room that the nurse used previously. COUNCIL ON AGING Meet ng February 9, 1 ,3 Page 2 4. Memorial Plaque Porter reported that this item had been discussed previously. The plaque would list people who had made donations to the Center. She thought it was a good idea and would remind people a contribution to the Center was an option for donations. Hollier said the Fine Arts group has such a program and is based on the level of donation. They have different categories, (such as Patron, Sponsor, etc.) based on the amount pledged. Hollier said she could look into how they developed their pledge system if the Council wanted her too. Porter said she would work with Hollier on development of a plan for the plaque and present it to the Council at a future meeting. And invited any interested Council members to give input. 5. Sylvia Johnson - Senior Center No Smoking Policy Johnson requested that the Senior Center be made into a smoke free environment. She suffers from a chronic cough and feels alot of seniors have medical problems which are aggravated by the smoke. Swarner said she had checked with the Acting City Manager and Attorney regarding the legality of making public buildings smoke free. They said that it is legal to make areas non-smoking. Seay said he sympathized with Sylvia but was concerned that people would quit utilizing the center if they couldn't smoke there. He suggested an enclosed area for the smokers which would vented directly outside. Porter noted there was no adequate space in the center for such an area. Porter said she was familiar with the laws and centers could be non-smoking. Anchorage and Homer centers are presently non- smoking, she wasn't sure about other center's policies. Gross agreed with Johnson that the smoke is extremely bad. When she works the front desk she has pains in her chest at the end of the day from the second hand smoke. MOTION: Gross MOVED that the center adopt a non-smoking policy. Seay SECONDED. COUNC 7 7, ON AGING Meet g February 9, 1993 Page 3 DISCUSSION Porter suggested that since this was such a sensitive item it might be wise to carry it to the next meeting. This would give the Council time to seek public comment regarding this policy. MOTION: Huddleston MOVED to table the non-smoking policy item until the next meeting. Seay SECONDED. PASSED UNANIMOUSLY. This item will be addressed at the next meeting and public comment will be sought. 5. NEW BUSINESS 1. Recommendation of New Board Member Porter said the Council needed to recommend someone to replace Frances Meeks. She than read a list of interested people. MOTION AND VOTE: Gross MOVED to recommend Al Pease to serve on the Council on Aging. Huddleston SECONDED. PABBED UNANIMOUSLY. 2. Proposed Budget Changes - Activity Coordinator Porter presented a proposal for a new job to be added to the budget for the Senior Center. She explained that she and Lynn spend so much time dealing with senior issues they have no time left to plan activities. They would like to add a part-time Activity/Volunteer Coordinator. MOTION AND VOTE: Funk MOVED to recommend to Council adding the position of Activity/Volunteer Coordinator to the Senior Center staff. Seay SECONDED. PASSED UNANIMOUSLY. 3. Longevity Bonus Recommendation/Advisory Swarner reported that Gail Phillips is very interested in hearing from the Kenai Peninsula regarding this issue. It is the general feeling in Juneau that revisions must be made to this program and public input is essential. Seay said he would not be able to live in Alaska without the Longevity Bonus. COUNCIL ON AGING Meeting February 9, 1993 Page 4 Porter said that the program is increasing by $5 to $7 million per year. If the Council had to make a choice which options would they prefer regarding the program's future? Seay felt that the program actually generates revenue for the State the money the senior receive is spent in Alaska. He did not feel the program should be eliminated. Porter asked if the Council would like her to write a letter to say the Council realize the problem but could not reach a consensus on how to deal with the issue. Swarner urged interested seniors to call their Legislatures and talk with them about the Longevity Bonus Program's future. 6. ADJOURNMENT There being no further business Huddleston MOVED for adjournment at approximately 10:55 a.m. Meeting was adjourned at that time. Respectfully submitted, Loretta Harvey Transcribing Secretary DATE: FEBRUARY 12, 1993 TO MAYOR JOHN WILLIAMS ERLIAI CITY COUNCIL FROM: AIRPORT COMMISSION RE: MEETING ACTIONS At their meeting of February lath the Commission took the following actions: 1. Kenai Airport Business Alliance - Scheduled work session for March 3, 6:00 p.m. pending Council approval. 2. Making Airport a non-smoking area - Tabled until next meeting so Commission can investigate further. 3. Marking Lines at Airport - Tabled until Legal Department has time for further action. Phil Ames informed the Commission that he was resigning and this would be his last meeting. This leaves 3 vacancies on this Commission. THIS LEAVES ONLY FOUR SOMERS WHICH WILL CAUSE DI"ICQLTY IN ESTABLISHING A QUORUM. XMMI AIRPORT CONNIRSION 70bruary 11, 1993 City 1a11 Council Chanbsrs *AUnded: AG ******************** 1. ROLL CALL a. Election of Officers 2. APPROVAL OF AGENDA 3 PERSONS PRESENT SCHEDULED TO BE HEARD a. Kenai Airport Business Alliance 3 Catherine DeLacee 3 3'4 b. Pam Hansen - Making Kenai a Non -Smoking Airport 4. APPROVAL OF MINUTES a. October 15, 1992 5. OLD BUSINESS a. Advertising Campaign b. Marking Lines at Airport - Dean Eichholz 6. NEW BUSINESS a. Making Kenai a Non -Smoking Airport 7. AIRPORT MANAGER'S REPORT a. Projects Update $ COMMISSION COMMENTS AND QUESTIONS 9. INFORMATION ITEMS a. Letter of Resignation - Brian Shackleton 10. ADJOURNMENT .s 1791-1991 �--� CITY 4F KEN; lod Cap4W 4 44a4ka _ 210 FIDALGO KENAI, ALASKA "611 TELEPHONE 283-7835 FAX 907.283-301 a 13ACZMOMM AND P2MONAL Dil►T& - CAWI,DATRO FOR APPOINT f TO 0dowwwaxis AMD COMISSIONS DATE: 2/12/93 NAME: Ronald H. Holloway Resident of the City of Kenai? ygs How long? $ yazrri- Mailing Address P,O, Box 766 Kenai Telephone No. 283-8150 Business Address 374 Lovers lane soldotnaTelephone No. 262-8700 BMPLOYER: KSld Radio Job Title M--.+ nirmnl-nr n n A nnnrol-4nna M7n7onr NAME OF SPOUSE: NIA Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: natur 1791-1991 CITY OF KENAI " Oil CalaiW oj 4" 210 FIDAL OO" K*NAI, ALASKA "Oil FAX 907-283.3014 CITY OF KAI_ M �' BACKGROUND AND PERSONAL, DATA - CA I1)ATE$ FOR TO '%momil B AND t 00=0SONB DATE: February 16, 1993 NAME: Dan McKeirnan Resident of the City of Kenai? Yes How long? 12 Years Mailing Address 1514 4th Ave. Kenai Telephone No. 283-8410 Business Address 145 Main Strret Loop Telephone No. 283-4665 EMPLOYER: State of Alaska Job Title Maintenance Worker II NAME OF SPOUSE: Susan Current membership in organizations: Moose Lodge Past organizational memberships: Same COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Kenai Airport Commission 6" - , -,6-7 igna re 1791-1991 CITY OF KENAI „D eat 4 / 4z"a If _ 210 FIOALGO KENAI, ALASKA 9961 TELEPHONE 283.7535 " �� FAX 907.283-3014O� 7�' w 8 3 CITY OF KZMI vF BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO CONKITT8L"S AND COMMISSIONS DATE: February 12, 1993 NAME: G. Ray Galliher Res dent of the Cit of Kenai? yes How long? � �: �� Mail�ddress 403 N. willow St. #1 - KenaiTelephone No. Business Address Telephone No. 2 years 283-3080 EMPLOYER: Semi -retired Part time flight instructor - selt employed Job Title Part time truck driver - Kenai Airport Fuel Service NAME OF SPOUSE: n/a Current membership in organizations: Elks Lodge #2706 Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Kenai Municipal Airport Commission a' i Si a 1791-1991 CITY OF KENAI 210FIDALGO KENAI,ALASKA 99811 TELEPHONE 283-7S35 FAX 907.283.3014 � f EeCD 093 CITY OF KENAI- BACXGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINT !g, TO COMMITTEES AND COMMISSIONS DATE: February 17, 1993 NAME: Thomas M. Thibodeau Resident of the City of Kenai? How long? 17 years Mailing Address P.O. Box 362, Kenai, AK 99611Telephone No. 283-9410 Business Address Same as above EMPLOYER: Alaska West Air Telephone No. 283-9354 Job Title Air Taxi Pilot and Director of Maintenance NAME OF SPOUSE: Nancy J . Thibodeau Current membership in organizations: .. Civil Air Patrol Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Kenai Airport Commission z�,gnature Ae- / /✓O' G�. Y CIVIL AIR PATROL KENAI COMPOSITE SQUADRON 700 First Ave. KENAI, AK 99611 283-7801 FAX 283-3710 February 16, 1993 City Council of the City of Kenai, AlasKa Dear Members: As the Commander of the Kenai Composite Squadron of Civil Air Patrol, I submit my application for appointment to the Airport Commission. Our community is rapidly growing, and the Kenai Airport is central to activity on the Peninsula. It is imperative that our Airport Commission has dedicated aviation professionals to guide and foster that growth. I have been actively involved in almost every aspect of aviation. As a pilot r'or twenty-three years, I have used the Kenai Airport as a private pilot, air taxi operator, search and rescue coordinator, cert it ird i 1 1* jht instructor, emergency medical helicopter operator, av iat icji7 nia intenance technician, and director of maintenance. In additi,n, 1 was ' anager of ERA Helicopters, Deadhorse, AK, certified weather, obierver- at several remote sites, and am part owner and leaseholder oT on the Kenai Airport. As the Commander of the Kenai C.R.P. for five years, member for ten, I have seen this community organization grow from about twenty-five members to over a hundred. Our volunteer organization has three important missions: search and rescue (aircraft, as well as marine vessels, ATVs, hunters and hiKers), aerospace education for all levels of our community from preschool to senior citizens, and a cadet program for 13-i8 year old members. We operate from a five acre site on the southeast corner of the Kenai Airport, and provide an indispensable service to our community. I hope you will favorably review my appl icat!on. Sincerely, Thomas M. Thibodeau 1791-1891 2 ,-? CITY OF r% mA 62apiW 4 4ia.-vout, 210 FFDALGiO KCNM, A KA W11 - - - TE RPHONE = • 7636 FAX 907-283.3014 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTDb C- ¢; TO cowl am C*NKSgIONS DATE: oc - 1.2 - 93 NAME: 34D117n n e Resident of the City of Kenai? 6z How long? / ea1'5 Mailing Address I S IO Telephone No. Business Address ,3GZ5- A,. Telephone No. EMPLOYER: *,.? //yiaTiD•z� Job Title NAME OF SPOUSE: ���rr� / Current membership in/ organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: ure 1791-1991 CITY OF KENAI " Oil Cap 4 44„ 210 FIDALGm KNNAI, ALASIKA M11 -- TELEPN WE 203.7535 FAX 907-283-3014 BACX(MOUND AND PARSOM DATA - ChW3DATES FOR APPOINTMENT TO **kI 22S AND 000928SIONS DATE: NAME: Resident of the City of Kenai? �_ How long?_� Mailing Address �� �..j LA, �„? Telephone No. Business Address?,,.-122 Telephone No. (� EMPLOYER: Job Title NAME OF SPOUSE: Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: gna CITY OF KENAI "Od Capdai 4 4"" 210 FIDALGO KENAI, ALASKA qW1 TELEPHONE 283.7535 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAME 4- Q12j3tqRA t--- - b )f4 T'CR.S Resident of City of Kenai? How long? .� Cr��i�Sr�� Mailing AddressL yy/ At"41V� Tel. - Bus. Address Tel �—, Presently employed by Job Title Name of Spouse Current -membership in organizations: F -XIt Cet7 Past organizational membership: Committees interested in: ZV IC? i nature ]►IABg" CO="IQ�i Meets Second Thursday - 7:00 p.m. Council Chaffers Phil Ames, Vice -Chair P.O. Box 964 Kenai, AK 99611 Telephone: 283-7913 (home) Bill Toppa, Chair 470 North Willow Street Kenai, AK 99611 Telephone: 283-3735 (work) Teresa Werner-Quade 409 McCollum Drive Kenai, AK 99611 Telephone: 283-5423 (home) r. Kenai, AK 99611 Telephone: Ms. Artha L. Koerber P.O. Box 1411 Kenai, AK 99611 Telephone: 283-7865 (work) Robert L. Scott P.O. Box 1450 Kenai, AK 99611 Telephone: 283-7000 (work) Kenai, AK 99611 Telephone: 283- (home) Ad Hoc: Tom Irwin P.O. Box 2754 Kenai, AK 99611 Telephone: 283-4743 (home) 271-5154 (work) 1995 1995 283-6124 (home) 1995 1996 1996 1994 283-4310 (home) 1994 283- (work) Councilman Raymond Measles P.O. Box 847 Kenai, AK 99611 283-4486 (home) 776-8194 (work) 2/12/93 D—'� 21.25-21.25.030 r CHAPTER 21.25 AIRPORT COMMISSION Sections• 21.25.010 Duties and Power 21.25.020 Qualifications 21.25.030 Membership 21.25.010 Duties and Powers: The Commission shall: (a) Develop, adopt, alter or revise, subject to approval by the City Council, a master plan for the airport development. This may include: (1) Development of type, location and sequence of all airport terminal facilities; (2) Development and use of all airport aeronautical lands. (b) Observe, oversee and guide in an advisory capacity, any matters relating to use of airport runways, airport terminal, and airport aeronautical lands. (c) Act in an advisory capacity to the Council and the Airport Manager. 21.25.020 Qualifications: Members of the Airport Commission will conform to the requirements of the City of Kenai Boards, Commissions, and Committees Standard Procedures as established by KMC 1.90. 21.25.030 Membership: The Commission shall comprise of seven (7) members who shall be chosen so as to represent broadly the following areas: (a) One member, fixed base operator (FBO) (b) One member, lessee of airport aeronautical lands or terminal facility. (c) One member, with expertise in Federal Aviation Administration functions. (d) One member, representing the Civil Air Patrol. (e) One member, representing the Air National Guard or military affairs person. (f) Two members, at -large, representing the business and professional community. (g) One non -voting member, representing ad hoc member of the Kenai City Council. 21-24 (City of Kenai Supp. #48 - 7/15/88) 1.90-1.90.030 Chapter 1.90 STANDARD PROCEDURES FOR BOARDS, COMMISSIONS AND COMMITTEES Sections: 1.90.010 Creation 1.90.020 Duties 1.90.030 Qualifications 1.90.040 Terms 1.90.050 Proceedings 1.90.060 Specific Requirements of Boards, Commissions and Committees 1.90.010 Creation: All boards, commissions and committees created by the Council of the City of Kenai, shall consist of seven (7) members who shall be nominated by the Mayor and confirmed by the City Council from applications submitted to the City Clerk. A chairman and vice-chairman shall be selected annually and shall be elected from and by the appointed members. The Mayor and one Councilmember elected by the Council as ex- officr o members and as consultants of any board, commission or committee, may attend all meetings, but shall have no voting power on the board, commission or committee. A member of Council or City administrative staff shall attend all meetings of boards, commissions and committees and supply staff support. 1.90.020 Duties: (a) Members of boards, commissions and (� committees shall be required to establish policies relating to their respective organization. They shall act in an advisory capacity to department heads within the City Administration if there are such departments in the City organization that directly relate to the board, commission or committee. (b) If the board, commission or committee has income stated within the City of Kenai annual budget, said board, commission or committee shall work with the City Manager to establish expenses projected for the year for approval by the City Council.. 1.90.030 ualifications: A member of a board, commission or committee must be a resident of the City of Kenai, unless the board, commission or committee is specifically exempted by Council from this requirement. The member cannot be an officer or employee of the City of Kenai. If any member should move his residence from the corporate limits of the City of Kenai (if applicable), is an officer or employee of the City of Kenai, or shall be elected or appointed as an officer or employee of the City of Kenai, the service of such member shall terminate immediately. He should be aware that he will serve without salary, but will be reimbursed for all reasonable expenses incurred in connection with this service, only after approval by Council. 1-30 r" (City of Kenai Supp. #47 - 2/10/88) 1.90.040-1.90.060 1 t 1.90.040 Terms: (a) A member of a board, commission or committee shall serve for a term of three (3) years, unless the board, commission or committee is specifically exempted by Council from this requirement. At renewal date, the Mayor, with consent of the Council, can reappoint the member or recommend a replacement. (b) The terms of the initial board, commission or committee member shall be staggered so that three (3) members will be appointed for one year; two members will be appointed for two years; and two members will be appointed for three years. Terms shall commence on January 1 of each year. 1.90.050 Proceedings: (a) All boards, commissions and committees will have regularly scheduled meetings which shall be open to the public. Exceptions to the meeting requirements shall be established by Council. Permanent records or minutes shall be kept of all proceedings and such minutes shall record the vote of each member upon every question. Every decision or finding shall immediately be filed in the office of the City Clerk and shall be a public record open to inspection by any person. All acts of boards, commissions and committees are subject to the paramount authority of the City Council. (b) If any member should have three (3) consecutive, unexcused absences from regular meetings of the board, commission or committee, it shall be reason for removal from that board, commission or committee. (c) In all matters of parliamentary procedure, Roberts Rules of Order as revised shall be applicable and govern all meetings, unless as specified in KMC 1.15.060 motions; KMC 1.15.100, speaking; and KMC 1.15.110, voting. (d) The responsibility of insuring that all members of boards, commissions and committees receives a copy of the Standard Procedures of Boards, Commissions and Committees lies with the City Clerk. 1.90.060 Specific Requirements of Boards, Commissions and Committees: Requirements of boards, commissions and committees as set forth in KMC 1.90 are general requirements and shall be followed to the extent that they do not conflict with specific requirements found in code sections specifically pertaining to individual boards, commissions and committees. (Ord. 1223, 1239) 1-31 (City of Kenai Supp. #47 - 2/10/88) 1 t f FEBRUARY 9, 1993 DEAR HONARABLE CITY COUNCIL MEMBERS AMEN FOR PAMELA HANSEN, I SECOND THE MOTION FOR A SMOKE FREE AIRPORT!!!!!!! I AVOID THE KENAI AIRPORT AS MUCH AS POSSIBLE, I WOULD RATHER DRIVE THE 150 MILES TO ANCHORAGE THEN SIT SOMEWHERE THAT I HAVE TO SUCK UP SECOND HAND CIGARETTE SMOKE. SOMETIMES BUY LOCAL TODAY (BLT) JUST DOESN'T CUT IT....... f --,5 KENAI HARBOR COMMISSION February 8, 1993 Kenai City Hall Tommy Thompson, Chairman 1. ROLL CALL The meeting was called to order by Chairman Thompson at 7:08 p.m. Commissioners present were: Thompson, Altland, Eldridge, Munn, McCubbins and Spracher. Also present were Councilman Bookey and Mr. Kornelis from the City of Kenai. 2. APEW or AMD&: ALTWD MOVED FOR APPROVAL OF AGENDA AND MUNN SECONDED. MOrlCAN CURIED. 3. APPROVAL OF MINUTES OF JANUARY 11 1993 ALTLAND !OWED TO APPROVE THE MINUTES AND SPRILCHER SECONDED. MOTION CURIED. 5 . glop NV5INES a. Fishing Hole. Altland was unable to make contact this past month, but he will arrange for speakers next month from Cook Inlet Aquaculture Association and Fish & Game. Discussion regarding the purity of Kenai River stock with a red salmon hatchery run at Hidden Lake. b. Kenai River Viewing Flats. McCubbins stated the two Boy Scouts who were eligible for Eagles in the near future have already chosen their projects. He will contact Al Boris, Fish and Game, and Lake Clark National Park to collect historical, geological, and Rim of Fire information. After the information is collected, development of an interpretive board will be discussed. C. Ramp. Kornelis passed around a print showing two alternatives of the conceptual plan for the ramp and discussion of the alternatives followed. Nelson had given a rough estimate of $100,000 for Alternative One, however, the entire Commission felt that was a high estimate and that the project could be accomplished at a much lower cost. Alternative Two would not be desirable as it would require a crane to pull the floats. Discussion regarding handicap access. It was felt this ramp would be used by commercial fishermen and not the public. Kornelis stated the boat launch ramp at the HARBOR OOMMI3' W`N February 8, 1993 - 2 - other and of the dock is used by the public and it is much better for handicap access. City Maintenance should take care of the cement curb to make wheelchair access at the boat launch ramp easier. Altland asked about possible funding for the project and if there are any grants available for this type of project. None were known to exist. ACTION TAKEN: ELDRIDGE MADE A MOTION TO RECOMMEND TO THE CITY COUNCIL TO PDRSUffi THE FAM Yam* lT I Obi AND INSTALLATION OF THE MOPOSED " AND C 3SSOOVRR UNDERMCh $ THE DOCK. ALTX MlD 88 1020. WTI01 MOM WANIMUSLY . 6. NEW BUSI ESS: None. 7. INFORMATION a. Ports Alaska. Commission discussed whether belonging to Ports Alaska could accomplish any of the Commission goals. The Harbormaster's Association, which is similar, seems to have taken precedence in the recent past. Thompson stated a more unified approach through something like this may be good when dealing with the legislature. Kornelis will keep up with the dealings of Ports Alaska and will report any significant occurrences. 8. DISCUSSION: a. Ramp Design and Construction. Already discussed under Old Business. b. Dredging. Eldridge discussed the silting in front of the City Dock and the need for dredging. He feels that the City should approach the State or the Corps as they do have funding for dredging in areas at Ninilchik, Anchor River and Nome. Money is being spent for channel work. Discussion of rigs and private companies that may possibly do this type of work. Eldridge said the State is collecting funds from marine operators to be used for Ports and Harbor projects within the State of Alaska. Kornelis stated he would address the Corps again and also see if the State Ports and Harbor fund could be used. 9. COMMISSION COMMENTS AND_ QUESTIONS_: a. Boat launch fee. Thompson asked if the ramp fee recommendation was presented to the City Council and Kornelis informed him it will be part of the new fee schedule. HARBOR COMMI3S ,v.ti February 8, 1993 - 3 - b. Zoning. Thompson also asked about the possible ordinance recommended for private property owners to supply sanitary facilities when allowing camping on their property. Kornelis informed him he wrote to the City Attorney for his opinion and has not heard back from him. C. Councilman Bookey stated he will be unable to attend March's meeting but he is looking forward to working with the Commission in the future. The next meeting will be March 8, 1993, at 7:00 p.m. ELDRIDGE MOVED FOR ADJOURNMENT OF THE MEETING. MUNK SECONDED AND CHAIRMAN THOMPSON ADJOURNED THE MEETING AT 7:57 P.M. Respectfully su itted, farlene Reed, ecording Secretary for the City of Kenai Wanai Community .fdnaxy A PUBLIC LIBRARY IN SERVICE SINCE 190 163 MAIN STREET LOOP KENAI, ALASKA 99611 REPORT FOR THE MONTH OF JANUARY 1993 Circulation Adult Juvenile Easy Books Fiction 1890 622 1297 Non -Fiction 2450 355 451 Periodicals 90 Kits Puzzles Phonodiscs Cassettes Videos Misc. 11 13 40 83 662 44 Total Printed Materials .. 7155 Total Circulation .. 8008 Additions Docs Adult Juvenile Easy Books AV Gifts 15 56 12 14 61 Purchases 87 21 68 1 Total Additions .. 335 Interlibrary Loans Ordered Received Returned Books 61 32 34 Interlibrary Loans by our Library .. Books 75 Volunteers Number .. 23 Total Hours .. 343 Income Fines and Sale Books 1,010.75 Lost or Damaged Books 258.85 Xerox 350.00 Donation 22.50 Total Income for January 1993 .. $1,642.10 g(Enai ofommunity -fdnaty A PUBLIC UBRARY 1N SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued January 1993 Kenai Kasilof Nikiski Ninilchik Soldotna Sterling Other Library Patronage .. 6,477 Persons 75 2 11 1 33 4 2 128 KENAI PARKS & RECREATION COMMISSION February 9, 1993 Kenai City Hall Richard Hultberg, Chairman 1. AQL: The meeting was called to order by Chairman Hultberg at 7:10 p.m. Commissioners present were: Hultberg, Carlson, Massie, Sandabl, and Student Rep. Cox. Also present was Mr. McGillivray from the City of Kenai. 2. APPROVAL OF AGENDA: Hearing no objections, the agenda stood approved. 3. APPROVAL OF MINUTES OF JANUARY 26, 1993: Hearing no objections, the January 26, 1993, minutes stood approved as written. 4. DIRECTOR' r. McGillivray just returned from the National Recreation and Park Association forum in Washington, D.C. McGillivray stated the forum was very interesting. While there, he met with Congressman Don Young. Secretary of the Interior Bruce Babbitt spoke at one of the conference meetings. Babbitt stated he will be pushing for more LWCF funds and also that more of those funds will go to the state level. The league basketball tourney will be this weekend. There will be a couple of games on Friday, four games on Saturday and the semi-finals and finals on Sunday. The following weekend will be the Peninsula Championships. 5. OLD BUSINESS: a. A layout of where shrubs and lilacs are going to be planted by the Beautification Committee was discussed. Loretta Breedon is the new chair for that committee. 6. NEW BUSINESS: a. Budget. McGillivray met with the Beautification Committee to discuss their portion of the budget and he brought back the results of their meeting. Much of their budget remained the same with increases in operating supplies and minor equipment. There was discussion regarding a firepit to also be used as a flower planter. The cost of the firepit/planter is unknown and McGillivray will have to get some quotes on it. KENAI PARKS & RECREATION COMMISSION February 9, 1993 Page - 2 McGillivray stated Councilman McComsey did take the need of a new pickup to Council and it they will put a line item in the budget for a pickup. McGillivray also stated the repairs to the gym floor, weightroom flooring, and outside wall coat of rawhide will be placed in the building maintenance budget. ACTION TAKEN: MASSIE MOVED TO APPROVE THE BUDGET AND TO PRESENT IT TO THB COUNCIL. COX SECONDED. MOTION CARRIED UNANIMOUSLY. 7. CORRESPONDENCE: None. r • F, jay! The next meeting will be March 9, 1993. SANDAHL MOVED FOR ADJOURNMENT, CARL$= SECONDRD, AND CHAIRMAN HULTBERG ADJOURNED THE MEETING AT 7:35 P.M. Respectfully su fitted, E lone Reed, Recording Secretary for the City of Kenai 4;1 KENAI PLANNING & ZONING COMMISSION February 10, 1993 - 7:00 P.M. City Hall Council Chambers Chairperson Kathy Scott AGENDA 1. ROLL CALL Swearing in of new Commissioner Lori McComsey 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - January 27, 1993 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PUBLIC HEARINGS ,,:O�-a. Resolution PZ 93-3: Encroachment Ehrhardt . PLANNING -oa. Resolution PZ 93-5: Hayes S/D �'-b. Resolution PZ 93-6: Home Occupation - Hibbert 7. NEW BUSINESS 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled for one year from 10/14/92) 9. CODE ENFORCEMENT ITEMS a. Ouandt Property b. University of Alaska Property (off Beaver Loop) 10. REPORTS a. City Council b. Borough Planning C. Townsite Historic Task Force d. City Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS 13. C0MMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT PLEASE CONTACT LORETTA AT 283-7933 IF YOU ARE UNABLE TO ATTE.?D 7)1? TO: Mayor and Councilmembers FROM: Carol L. Freas, City Clerk City of Kenai DATE: February 5, 1993 RE: BEAUTIFICATION COMNXTTEE It has been brought to my attention that Ron Malston has verbally resigned from the Beautification Committee. Attached is a copy of Anette V. Saling's application for placement on the Committee. Does Council wish to appoint Annette V. Baling to the Beautification Committee? clf 1791-1991 CITY OF KENAI 110d Oapp q 4i „ _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 293 -1535 2q�� FAX 907-283-3014 1� BACKGROUND AND PERSONAL DATA - CANDIDATES FOR TO CONKITT229 AND 0OW18810*8 DATE: NAME: Resident of the City of Kenai? How long? 1. Mailing Address Z:�j, Telephone No. O, Business Address _� Telephone No.+,� EMPLOYER: Job Title NAME OF SPOUSE: Current membership in organizations: A).1 L Past organizational memberships: 0 COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: 61� �-c. gnature i % DATE: FEBRUARY 10,1993 TO MAYOR JOHN WILLIAMS EFNAI CITY COUNCIL FROM: BEAUTIFICATION CONN TTEE LORETTA HARVEY RE: 1993 YEAR OF BEAUTIFICATION The Beautification Committee has been discussing the .possibility of declaring 1993 the "Year of Beautification" with Mayor Williams. The Committee has been working diligently on this project and are ready to send the information to businesses and the general public. Loretta Breeden, Beautification Chairperson requested that this information be presented to Council for their review. Please feel free to make changes and recommendations so this project will be a success for Kenai's All -America City. Thank you for your support. 1791-1891 CITY OF KENAI Cap4 4�a�„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 263 - 7535 FAX 907.283-3014 February 10, 1993 Dear Friends and Neighbors: The City of Kenai has attained its goal of All -America City, and now we've set another goal: To become the Kenai Peninsula's most beautiful city, in 1993 the "Kenai's Year of Beautification." We need your help. Just take a few moments and read the attached Goals and Objectives of the City of Kenai Ia Beautification Committee, an arm of the Parks and Recreation Commission under the direction of Kayo McGillivray, Parks and Rec. Director. Here are a few ways you can help cultivate community spirit and involvement during this "Kenai's Year of Beautification": 1. Any financial assistance toward the planned purchase of flowers and 44 hardy roses and 19 lilacs to be planted around city parks and buildings. These are hardy types that have been proven to grow here year round. 2. Become a member of the new gardening volunteer task force and help with the planning and planting of flowers and shrubs in various city locations. You don't have to be a resident to join, and you'll help and learn under the guidance of Merle Dean Feldman, who is a wizard with flowers. 3. Revive the gardening club in Kenai and become a master gardener with a "green thumb." 4. Donate some annual and perennial flower plants, either purchased or those you grew yourself. 5. Maybe you'd like to adopt an area around city buildings or parks to beautify with flowers and/or shrubs. 6. Plant flowers, roses, lilacs and shrubs in front of your home or business. 7. Maybe you've got an idea of your own on how to make Kenai a more beautiful place to live in and visit. Please let us know. Any help in the way of your time or funding will be greatly appreciated. Get with us in the "Year of Beautification." You'll be proud of the results and glad you helped. Again, I can't stress enough the creation of great pride and satisfaction in our city when there is community involvement. Become a part of making Kenai a more beautiful place to live, work and visit, for both residents and tourists alike. To become a member of the Task Force, please contact: City Clerk, Carol Freas 283-7539 To make a donation for some flowers or shrubs, please contact: Administrative Assistant, Loretta Harvey 283-7933 Thank you, Loretta Breeden, Chairperson Beautification Committee MAYOR JOHN J. WILLIAMS YEAR OF !1EAUTIFICATION 1993 GOALS AND OBJECTNES December, 1992. A work session was held by the Beautification Committee at the home of member Loretta. Bream on October 23, 1992. The mwn pie of his inecting was to come up with, a pin that would bed the City of Kewd, udWng tow and liWA that are winter - hardy and to choose Amm tip wad be dwwy and craitxiiutl the awre sununer. Our city should be a place of beauty, not o* for suracftwunsa but to enhance the pride we all feel for our city. GOAL A: Mayor John William will declare 1993 the Year of l rtr tcawion. In order to accomplish a successful year, the following objectives were discussed at the meeting: OBJECTNfi 1. Beautification will be concentrated in downtown Kenai, from Bridge Access Road to the Bicentennial Building, including Airport Way, Willow Street and the Airport. The Committee has looked into the price and types of roses and lilacs that would be suitable for our Wima te. (A list is attached.) The roses and lilacs are winter -hardy and require little care. Areas where these bushes could be placated were suggested as follows: a) on either side of the front door to City Ball. b) scattered groupings of 4-6 roses in the Leif Hansen Mem. Park. c) in front of the iq3w terminal building. d) by the Chamber of Commerce log cabin. e) the Blue Star Memorial green strip. f) in front of the police and fire stations. g) in front of various businesses along the Spur Highway within Kenai. OBJECTIVE 2. The Committee would like to set up a task force comprised of volunteers to help plan with the plantings and upkeep of flower beds, lilac and rose plants. With a task force. anyone can join, and we are not limited to people who live within the city limits. Merle Dean Feldman has graciously consented to be our main consultant for such a task force and is an expert with flowers and gardening. Committee members will be available to assist private businesses with the planning Ut suitable roses, lilacs and flower selections. OBJECTIVE 3. lavolvemeni of the business cmmunity. Proprietors of businesses along the highway and within the city limits wig be contacted to see if they would like to donate toward the purchase of the room and blacs for public areas in the immediate downtown area. OBJECTIVE 4. The Beautification CominUtee to xubers themselves have volunteered to be worwns and wed help out WA& PLANNING, PLANTINGS aaa►d U rom mmtd Nm would have sic annuals for ground cover and to add sports of aador, ua N sash hine the dw buboes aura Mod oW aid no longer need the flowers atom base. Thm,dw city amm vA be abb to aww riot up to the rose and lilac bushes widwW damaging the lam. OBJECMT- S. The Task Force would like to tackle the m-minds of AhMW o eiatls that are located inside the Leif Hansen Memorial Paris. Under the guidance of Merle Dean Feldman, colorful and hsaG+dy pannnials would be mixed in with some annuals. (Perhaps some ground -cover perennials could be used?). The mounds should be sho dy tiered for ease of working the flowers. OBJECTIVE 6. At the Chamber of Commerce log cabin, Mayor Williams suggested a fire pit. A large concrete circle with an open center for the purpose of containing the bonfire there at our annual 'Christmas Comes to Kenai' celebration. In the summer, the center of the fire pit would be filled with annuals. (If the circle is very large, some flowers boxes might also be used to place on the concrete edges of this circle). The Blue Star Highway green strip is also up for consideration for the placement of this Elite pit. OBJECTIVE 7. When we mention planting scattered roses around town, we would like to suggest that wherever possible, we use groupings Perhaps in beds of 4-6 rose bushes or lilac bushes, with annuals at their base as ground cover and to complement the bushes with their color until the bushes get some size to them. The roses are expected to attain a height of 6 to 8 feet. The lilacs are an average of 5 feet, but some types grow as tall as 15 or 20 feet. GCS:�—L L': ?":.A\CNG Finanetrar for the roses, tuacs, annuals and perennials would come from the community through donations. If the city is still faced with financing some of the pig, we would like to stress that the roses would coat a few hmilred collars at most. Rases and lilm vadefies that are suitable for our yeard tic conditions will be purchased locally. If some varieties are not available, they wilt be purchased tram Alaskan resources. Supplemental funding for the roses and li yes not donated would be provided for by Beautification money. GOAL C: Our long range goal is for Kenai to be known as the Q&a}'r for the State of Alaska. We would like to accoxftp&6 this with mk*nAl ewe to the city by involving the local businesses and citizens. This should be s convounity effort. 4 ROSES AND LILACS SUITABLE FOR KENAI'S PARKS All plants and shrubs listed Nursery, P.O. Box 823, Palmer, from May 1 to aid -June. All $15.00. are available from Washburn Farm Alaska 99645, phone 745-3479. Open roses are priced between $8.00 and Always make sure the roses have their own roots and are not grafted. ROSES 1. HANSA: Double Sitka Rose - RED 2. MS. JOHN MCNAB: (same as above - but smaller) 3. SINGLE RUGO A: Sitka 4. BLANC DE COMM Double WHITE S. SINGLE WHITE ALTAI OR SCOTCH ROSE: WHITE 6. HELEN BLAND: Double WHITE with tinge of PINK 7. ALYSHAN: Double RED, creeping rose 8. WASAGANING: Double deep PINK 9. IRWIN'S ROSE: Double coral PINK 10. KILWINNING: YELLOW 11. THERESA BUGNET: Double PINK, (make sure it's not grafted) 12. ROSE RUGOSA ALBA: WHITE (Availale at Doug Tryke Nursery, Rabbit Creek Road, Anchorage) 13. MAGNIFICA: Blood RED Rose (Available in Kenai) LILACS 1. DWARF MANCHURIAN LILAC: 5 ft. medium size PURPLE flowers 2. DWARF CANADIAN LILAC: 5 ft. PINK 3. VILLOSA LILAC: Pale PINK - small flowers, 15-20 ft. 4. HUNGARIAN LILAC: PINK to PURPLE flowers, 12-15 ft. Hearty to -40 degrees 5. CANADIAN HYBRID: PINK or PURPLE 6. LITTLE LEAF LILAC: PINK, 5 ft. 7. RED LILAC 8. CORAL LILAC PRICES IF PURCHASED INDIVIDUALLY Hansa 2 @ 13.50 27.00 Mr. John McNab 6 @ 13.50 81.00 Sitka 1 @ 10.00 10.00 Blanc de Coubert 3 @ 20.00 60.00 White Altai 5 @ 10.00 50.00 Helen Bland 9 @ 10.00 90.00 Theresa Bugnet 2 @ 15.00 30.00 Wasagaming 10 @ 13.50 135.00 Irwins 6 @ 12.50 75.00 Total Rose Cost 558.00 Lilacs Each Total Hungarian 6 @ 25.00 (4-611) 150.00 Canadian Hybrid 11 @ 45.00 (6-711) 495.00 Total Lilac Cost 645.00 Total Cost Roses and Lilacs 1203.00 L co x O Uo a' cn y m cr ' y (IQ C, fs & z a �- x dITI bC CD O n CD r CD CD n CCD �o �a �a r o c I I P b � T 7 b N w .• a� N . i c) C6 Delta Q, y Of 4th and Drain • P.O. Box 19 • Ad tar Colorado 81416 • Phone (303)874-7666 • PAX # (303)874.8776 February 8, 1993 ,,��'��}��f � FEB 1993� � City of Kenai Carol Freas, City Clerk 210 Fidalgo Ave Kenai, AK 99611 Dear All America City, Delta, Colorado, your All America Sister City, would like to invite you to participate in the Grand Opening of the Bill Heddles Recreation Center, as you know this was one of the projects used in our All America City application. The City of Delta would like to invite you as one of the nine, 1992 All America City's to participate in our All America City garden. We are inviting you to select a plant indigenous to your area, but suitable to our Zone 6, Western Colorado climate. The All America City Garden will be dedicated Saturday, March 27, 1993. We look forward to your response. If you have a concern about an outdoor plant being suitable, we can make arrangements to have it planted in our indoor atrium. THANK YOU !! Sincerely, Chris Miller Development Coordinator Governor's House ,uneau, Alaska Dear Friends, 4b D-7 Alaska is blessed with many wonderful volunteers — — now's the time to honor these faithful Alaskans. Thanks to volunteers giving so generously of their time and talent, our corner of the world is a better place in which to live. Too often our volunteers' efforts are overlooked or forgotten. The beautiful part is that it doesn't bother these "unsung heroes" because a thank you is not the motivation for volunteering. They just want to be of service and help! Volunteers are one of Alaska's most valuable resources. Let us recognize some of the outstanding community volunteers around our state through the First Lady's Volunteer Awards Program. Please take the time to nominate a volunteer you feel deserves special recognition for outstanding service in your community. In this way we can bring to the attention of every community the worthwhile contributions of these fine, caring Alaskan volunteers. Thank you for assisting our First Lady's Volunteer Awards Committee by nominating a special volunteer. Sincerely, Ermalee Hickel FIRST LADY'S VOLUNTEER AWARDS GUIDELINES AND NOMINATION FORM • Any individual engaged in voluntary and unpaid activities that benefit the community or state may be nominated. • Voluntary activities must be performed within Alaska. • There are no restrictions regarding sex, age, or type of volunteer activity. • Individuals may be nominated by any individual or organization. • Nominees must meet one or more of the following criteria: (1) lengthy service to community or state (2) significant commitment by volunteer, (3) innovative or creative volunteer project, or (4) significant impact on community or state. • Volunteers can only win First Lady's Volunteer Award once. Please include a statement of not more than two pages which descr>lbes the volunteer activities of the nominee and indudes the Mowing- 1. Reason why you have selected this person for recognition. 2. Individuals and/or agencies served by the volunteer. 3. Description of his/her volunteer activities during the past year or period of years. A non -partisan statewide panel of judges will determine the 20 award recipients. DEADLINE 3minations must be postmarked no later than April 9,19 olunteer Opportunities/First Lady's Volunteer Reception will be held on May 21,1993 Fig out the nomination form below and send It along wltb your statement (as ondltned above). --------------------------------------- FIRST LADY'S VOLUNTEER AWARDS I. Nominee (Information about the volunteer) Name Street Address NOMINATION FORM Phone* ( Home) City U. Nominator (Information about you and/or your organization) Name Street Address (Work) Zip Code Phone* (Home) (Work) City Zip Code Mail this form AND YOUR STATEMENT to: First Lady's Volunteer Awards Office of the Governor 3601 C Street, Suite 758. Anchorage, AK 99503 561-4228 *Please be sure to include both work and bonne telepbone number. [Z P" e 411" KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 31 1993 7 s 00 P.N. KENAI CITY COUNCIL CRAXBERs 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 COAT (10 Minutes) 1. Dean Eichhola - Kenai Airport Business Alliance - Airport Improvements. C. PUBLIC HEARINGS 1. Ordinance No. 1527-93 - Amending the Kenai Municipal Code 14.20.105; 14.25.030; 14.25.040; 14.25.050; 14.25.060; and 14.25.070 to Provide for Control of the Landscaping/Site Plan Review by the City of Kenai Planning and Zoning Commission and to Remove References to the Landscaping/Site Plan Review Board. a. substitute Ordinance No. 1527-93 2. Ordinance No. 1528-93 - Increasing Estimated Revenues and Appropriations by $343,353 in Two New Capital Project Funds for Airport Equipment and Construction. 3. Resolution No. 93-9 - Awarding the Bid for An Airport Motor Grader to McDonald Industries Alaska, Inc. for a Total Amount of $184,189.33. 4. Resolution No. 93-10 - Awarding a Contract to Wince- Corthell-Bryson for Design and Project Management �. Services on the Kenai Municipal Airport, Taxiway A-3 Project for a Not -to -Exceed Amount of $23,490.00. -1- 5. Resolution No. 93-11 - Transferring $15,231 in the Airport Land System Fund For Additional Environmental Assessment of Contamination Near the Airport Emergency Generator Building. 6. *1993 Games of Chance and Contests of Skill Permit Application - Ducks Unlimited, Inc. 7. *1993 Games of Chance and Contests of Skill Permit Application - Fraternal Order of Eagles, Auxiliary #3525. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINUTES 1. *Board of Adjustment of January 20, 1993. 2. *Regular Meeting of January 20, 1993. l A- 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1529-93 - Authorizing the Execution of a Common Investment Agreement Among Political Subdivisions of the State of Alaska and to Authorize Creating and/or Becoming a Member of the Alaska Municipal League Investment Pool, Inc. 4. Approval - Kenai Peninsula Caucus/Dues for 1992/1993 Fiscal Year. 5. Approval - Annual Audit Cost Proposal. -2- 6. Approval - Consent to Collateral Assignment of Purchaser's Interest as Tenant in Groundlease - Bernard Kline and Dionne L. Kline/Lots 5 & 6, Block 3, Cook Inlet Industrial Air Park. 7. Disoussion - Airport Towing Bid. hl . 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUUU'It?U 1. Citizens (five minutes) 2. Council R . ADJOURNKENT -3- KENAI CITY COUNCIL REGULAR MEETING FEBRUARY 31 1993 7:00 P.M. KENAI CITY COUNCIL CHAMBERS VICE MAYOR H. RAYMOND MEASLES, PRESIDING ITEi A: CALL TO ORDER Vice Mayor Measles called the meeting to order at 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: Measles, McComsey, Smalley, Bookey, and Monfor. Absent were Williams and Swarner. 1 Vice Mayor Measles requested the following changes to the agenda: ADD: D-2, Airport Commission Report - 1/30/93 Brian L. Shackleton letter of resignation from Airport Commission. H-7, Discussion - Airport Towing Hid - 2/2/93 The Towing Company, Inc. letter regarding minimum experience of the lowest bidder. H-7, Discussion - Airport Towing Bid - 2/2/93 letter from Charles T. Grasso, Kenai Body & Paint stating known towing experience of J&N Enterprises. Information Item No. 8 - 1/29/93 Alaska Municipal League, Legislative Bulletin. NOTION: Councilman McComsey MOVED for approval of the agenda as amended and Councilman. Smalley SECONDED the motion. There were no objections. 60 ORDERED. A-6. CONS NT AGENDA Vice Mayor Measles stated there were no changes to the Consent Agenda. KENAI CITY COUNCIL MEETING MINUTES February 3, 1993 Page 2 NOTION: Councilman McComsey X0VED for approval of the Consent Agenda as presented and Councilman Smalley BBCOINOBD the motion. There were no objections. 80 O!RDBBBD. SCHWULBD PUBLIC B-1. Dean Lichholz - Kenai Airport Business Alliance - Airport Improvements. Catherine DeLacee spoke instead of Mr. Eichholz. DeLacee stated she was the spokesperson for the Kenai Airport Business Alliance. The Alliance is comprised of 12 local merchants representing capital investment of $7.5 million in their businesses and annual revenues of $8.5 million. These businesses represent 125 direct jobs in the community. DeLacee added that the Alliance sees the businesses at the airport as diverse, but interdependent. Because of the greater competition through the new air taxi service at the Soldotna Airport and the commercial aviation facility at Nikiski, they feel it is important that the Kenai Airport businesses prepare themselves. The Alliance hopes to develop direct lines of communication with the Council so that they may react in a timely manner to the increased demand for services at the Kenai Airport. DeLacee stated the Alliance hopes to develop a "mutually beneficial working partnership" with the Airport Commission and Council. DeLacee stated the Alliance requests a commitment from the Council and the Airport Commission to find new ways to increase their services to the public. DeLacee requested to be placed on the. February 17, 1993 council meeting agenda. DeLacee added that specific ideas and concerns will be presented in written format at that time. DeLacee stated copies will be given to the Clerk. DeLacee also forwarded copies of her comments to the Clerk. Measles stated the next Airport Commission meeting is scheduled for February 11, 1993. Monfor suggested that a joint work session with the Alliance, Airport Commission and Council would be less formal and better for discussion. Measles suggested a work session be set after the Airport Commission meeting. DeLacee stated she would poll her members and inform the Clerk of KENAI CITY COUNCIL MEETING MINUTES February 3, 1993 Page 3 a date suitable for the Alliance members. DeLacee asked if Mayor Williams will be present at the work session. Monfor stated that he will be out of town for a period in February and March. IT= C: PUBLIC SINGS C-1. Ordinance No. 1527-93 - Amending the Kenai Municipal Code 14.20.105; 14.25.030; 14.25.040; 14.25.050; 14.25.060; and 14.25.070 to Provide for Control of the Landscaping/Site Plan Review by the City of Kenai Planning and Zoning Commission and to Remove References to the Landscaping/Site Plan Review Board. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1527-93 and Councilwoman Monfor SECONDED the motion. There were no public comments. C-la. Substitute Ordinance No. 1527-93 MOTION: Councilman Smalley MOVED to replace Ordinance No. 1527-93 with Substitute Ordinance No. 1527-93 and Councilman McComsey ORCONDED the motion. Attorney Graves explained the difference between the two ordinances. Graves stated the original ordinance was written as Council requested. At the January 20, 1993 council meeting, Planning & Zoning Commissioner Kathy Scott requested changes be made which removed reference to a Planning Specialist and a few other minor changes. At that meeting, Council requested that Scott's changes be incorporated into the ordinance. The substitute ordinance reflects those amendments. There were no public or council comments. VOTE: Measles: Yes McComsey: Yes Smalley: Yes Williams: Absent Bookey: Yes Swarner: Absent Monfor: Yes MOTION PASSED UNANIMOUSLY. KENAI CITY COUNCIL MEETING MINUTES February 3, 1993 Page 4 C-2. Ordinance No. 1528-93 - Increasing Estimated Revenues and Appropriations by $343,353 in Two New Capital Project Funds for Airport Equipment and Construction. MOTION: Councilman McComsey MOVED for approval of Ordinance No. 1528-93 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: Measles: Yes McComsey: Yes Smalley: Yes Williams: Absent Bookey: Yes Swarner: Absent Monfor: Yes MOTION PASSED UNANIMOUSLY. C-3. Resolution No. 93-9 - Awarding the Bid for An Airport Motor Grader to McDonald Industries Alaska, Inc. for a Total Amount of $184,189.33. MOTION: Councilman Smalley MOVED for approval of Resolution No. 93-9 and Councilman McComsey SECONDED the motion. There were no public or council comments. VOTE: Councilman McComsey requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-4. Resolution No. 93-10 - Awarding a Contract to Wince- Corthell-Bryson for Design and Project Management Services on the Kenai Municipal Airport, Taxiway A-3 Project for a Not -to -Exceed Amount of $23,490.00. MOTION: Councilman McComsey MOVED for approval of Resolution No. 93-10 and Councilman Smalley SECONDED the motion. Councilman McComsey requested UNANIMOUS CONSENT. KENAI CITY COUNCIL MEETING MINUTES February 3, 1993 Page 5 There were no public comments. Monfor asked Ernst what is wrong with the taxiway. Ernst stated that in 1989 the taxiway was widened. That work did not include work in the center of the taxiway. There is bad soil there and buckling, etc. is occurring. The work will include taking out the damaged sections, refilling and paving. Ernst stated the total cost of the work will be $203,131. This amount will pay for design, inspection, administration, soils: investigation, and construction. Cost will be covered primarily with FAA funds. VOTE: There were no objections to UNANIMOUS CONSENT. SO ORDERED. C-5. Resolution No. 93-11 - Transferring $15,231 in the Airport Land System Fund for Additional Environmental Assessment of Contamination Near the Airport Emergency Generator Building. MOTION: Councilman Smalley MOVED for approval of Resolution No. 93-11 and Councilman McComsey SECONDED the motion. There were no public comments. McComsey asked if the work was absolutely necessary. Ernst stated that Northern Test Labs had done a study and stated there were no major problems. DEC stated they wanted further study. Kornelis stated the area is where buried fuel tanks had been removed. McComsey asked if DEC was there when the tanks were removed. Ernst stated that EPA directed a study be done initially and now DEC is requesting further study. VOTE: Measles asked if there were objections to UNANIMOUS CONSENT. There were none. 80 ORDERED. C-6. 1993 Games of Chance and Contests of Skill Permit Application - Ducks Unlimited, Inc. Approved by Consent Agenda. KENAI CITY COUNCIL MEETING MINUTES February 3, 1993 Page 6 C-7. 1993 Owes of Chrome and Contests of skill Perait l OatUm - F'raterna►l order of Eagles, Auxiliary #3525. Approved by Consent Agenda. ITEM D: Comissioxicommuz E REPOMTs D-1. Council on Aging Senior Center Director Porter stated the next meeting is scheduled for next week. D-2. Airport Commission Measles stated there has not been a meeting since the last council meeting. The next meeting is scheduled for February 11. Measles referred to Brian Shackieton's letter of resignation from the Airport Commission which was included in the packet. Measles stated he will not be present at the Airport Commission meeting. He will be out of town next week. D-3. Harbor Commission No report. D-4. Library Commission Monfor reported there was no meeting due to a lack of quorum. D-5. Parks & Recreation Commission McComsey reported that the minutes of the last meeting are included in the packet. The Commission discussed the budget. The Commission deleted some of the items and added some and the budget should be about the same amount. McGillivray requested the purchase of a new pickup truck. McComsey stated the last vehicle purchased for the Parks & Recreation Department was in 1984. McComsey stated he spoke with Duane Bannock at Craycroft Chrysler and he gave McComsey a price of $9,773 for a small pickup which McGillivray would use. The truck McGillivray is now using would be used by others in the Department. McComsey added that an answer is needed now regarding this purchase because the price may not stay the same. KENAI CITY COUNCIL MEETING MINUTES February 3, 1993 Page 7 Measles asked if the item was included in this yearvs budget. McComsey answered no. Measles asked if the purchase is being proposed for the now budget for 1993-94. McComsey slated yes. Measles stated that the request needs to be presented at the budget sessions. Brown stated that he has spoken with McGillivray regarding the request a few times. Brown stated that he believes it a good idea to wait to discuss this after the whole budget is together and not to piecemeal the budget. D-6. Planning & Soning commission Smalley reported the meeting agenda is included in the packet. Smalley stated a home occupation permit was approved for Greatland Computer in Mommsen Subdivision. The Commission also reviewed the new proposed Townsite Historic ordinance. Smalley stated there was a lot of discussion. Kenaitze Indian Tribe has requested assistance in'a planning proposal, however, what their requests are and what involvement the City may have in their proposal is not yet known. Smalley stated the Commission discussed new goals. One is the Spur Highway improvements and consideration of what to do from the Bridge Access Road intersection to Soldotna in regard to commercial and residential development. Smalley stated the Commission will also be reviewing the Comprehensive Plan for development of other goals. Smalley referred to a memorandum included in the packet which stated that two members of the Commission, Glick and Hanson, have requested to travel to Anchorage to attend a Planning Commission Training Seminar. Total cost of the trip is $350. MOTION: Councilman Smalley MOVED to approve the expenditure to send the Commissioners to the seminar. Councilwoman Monfor SWONDBD the motion. There were no objections. SO ORDERED. D-7. Miscellaneous Commissions and Committees All -America City - Councilwoman Monfor displayed a plaque presented to the All -America City Committee at the Chamber of Commerce Awards Banquet. The Committee was presented the "Organization Award." KENAI CITY COUNCIL MEETING MINUTES February 3, 1993 Page 8 ITEM E: MINUTES E-1. Board of Adjustmont of January 20, 1993. Approved by Consent Agenda. E-2. Regular Meeting of January 20, 1993. Approved by Consent Agenda. None. None. ITEM H: NNW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman McComsey SECOMMD the motion. There were no objections. 80 ORDE13D. H-2. Purchase Orders Exceeding $10000 MOTION: Councilman McComsey MOVED to pay the purchase orders over $1,000 and Councilwoman Monfor SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 1529-93 - Authorizing the Execution of a Common Investment Agreement Among Political Subdivisions of the State of Alaska and to Authorize Creating and/or Becoming a Member of the Alaska Municipal League Investment Pool, Inc. Approved by Consent Agenda. KENAI CITY COUNCIL MEETING MINUTES February 3, 1993 Page 9 H-4. Approval - Kenai Peninsula Caucus/Dues for 1992/1993 Fiscal Year. XOTION: Councilman Smalley XOVBD to approve the payment of annual dues to the Kenai Peninsula Caucus in the amount of $949.00. Councilman Bookey BLED the motion. Councilwoman Monfor asked why the Caucus does not ask the School District to be included. McComsey stated that he was once a representative to the Caucus and he felt it was a worthwhile organization. However, he feels now it is an "I want" group. McComsey added that the City of Homer has always felt that way. McComsey referred to the Caucus budget (included in the packet). McComsey stated that most of their funds are budgeted for travel. McComsey added that he finds it hard to believe the Caucus needs that much money to travel to Juneau. McComsey stated he will vote against the motion. Smalley stated he attended the Caucus' annual meeting in the fall. Smalley added that the budget looks like a lot of money, however, the Caucus is involved areawide. Kenai is able to participate in that success. The Caucus promotes tourism in the area. Smalley believes there is some potential benefit to the City to belong to the Caucus. Smalley added that he does not think it is harmful to Kenai to have another lobbying effort in Juneau. Measles stated that the Kenai Chamber decided not to participate in the Caucus. Measles added that he was also concerned about the travel budget. People traveling for municipalities have their own municipal travel expenses. McComsey added that he believes that those persons traveling to Juneau to lobby for the Caucus will also be lobbying for their own areas. McComsey added that he feels that the City of Kenai will be sending someone to Juneau that has nothing to do with Kenai. VOTE: Measles: No McComsey: No Smalley: Yes Williams: Absent Bookey: Yes Swarner: Absent Monfor: No MOTION FAILED. f.. KENAI CITY COUNCIL MEETING MINUTES February 3, 1993 Page 10 H-S. Approval - Annual Audit Cost Proposal. NOTION: Councilman McComsey MOPED for approval of the annual audit fee for 1993 to 1997 in the amount of $18,500. Councilman Smalley SECONDED the motion. There was no discussion. There were no objections. SO ORDERED. Approval - Consent to Collateral Assignment of Purchaser's Interest as Tenant in Groundlease - Bernard Kline and Dionne L. Kline/Lots 5 & 6, Block 3, Cook Inlet Industrial Air Park. NOTION: Councilman McComsey MOVED for approval of the collateral assignment and Councilman Smalley SECONDED the motion. There was no Council comment. Attorney Graves stated the collateral assignment is essentially the same as a security assignment. VOTE: There were no objections. 80 ORDERED. H-7. Discussion - Airport Towing Bid. Vice Mayor Measles stated that a letter from Airport Manager Ernst recommending the towing contract be awarded to J&N Enterprises was included in the packet. Measles added that letters from the Towing Company and Kenai Body & Paint were distributed at the beginning of the meeting. MOTION: Councilman McComsey MOVED for approval of the towing contract to J&N Enterprises, d/b/a Affordable Towing. Councilman Smalley SECONDED the motion. There were Council or administrative comments. There were no objections. SO ORDERED. E KENAI CITY COUNCIL MEETING MINUTES February 3, 1993 Page 11 JLT= Ii I-1. Mayor No report. I-2. City Manager Brown informed Council that money has been paid to the State for lost fish taxes in regard to the Exxon oil spill. In 1991, the $orough, City of Kenai and other cities joined in an nistratwe claim. Since then, the City of Kenai has paid $370 law firm to handle its claim. Brown has received a letter from the attorney stating that the City will be awarded approximately $150,000, of which one-third goes to the attorney. Brown requested direction from Council asking whether he should sign and accept the money. There was a consensus of consent from Council. Brown added that the City had been asked to join in a lawsuit against Exxon. He, Attorney Graves and City Manager Brighton discussed it and decided no. At the time of the oil spill, the City of Kenai's fish tax income was up and there was no evidence of losses to the city. The total amount award to Kenai is $98,252. I-3. Attorney Graves requested Council to comment on the Board draft a Findings of Fact I-4. City Clerk to call or come by his office next week of Adjustment hearing so that he can in the matter. Clerk Freas reminded Council of the work session scheduled for February 10, 1993 at 7:00 p.m. in the conference room of the Kenai Community Library. Freas also informed Council that she will be out of the office from February 23 through March 9, 1993. I-5. Finance Director No report. I-6. Public Works Director No report. KENAI CITY COUNCIL MEETING MINUTES February 3, 1993 Page 12 I-7. Airport Manager No report. 4 1 - •_y Citizens Pamela Hanson - Ms. Hanson stated she is a resident of Soldotna, however she is a user of the Kenai Municipal Airport. Hanson requested that the Airport be designated a non-smoking airport. Hanson stated she has discussed the smoking at the airport with the DEC and the EPA. Hanson was told the laws do not have "teeth" in them and they cannot force the City to make the airport a non-smoking facility. Hanson read some information regarding second-hand smoke. Hanson added that a person cannot enter the airport without going through a smoking area. Baggage cannot be retrieved without going through a smoking area. Hanson suggested smoking areas be designated in the bar and restaurant. I-2. Council Bookey - Will be attending the work session, but will be out of town for the February 17, 1993 council meeting. 8varner - Absent. Monfor - Reported the 1991 has been removed/stolen from the "Welcome to Kenai" sign by the Dust Bowl. Clerk Freas will investigate. Monfor requested a report of building permits issued and any information regarding upcoming building in the City. McComsey - Requested a report delineating the effectiveness of the drug abuse program for which a police officer was hired a few years ago. McComsey stated that if the new police chief is hired from within, the report should be reviewed by Council prior to hiring a new officer to replace whoever is moved into the police chief position. Brown suggested that the position be budgeted and the application process begun. If, after reviewing the report, Council wishes to cut the officer position, it can be done and not hire a replacement. Council agreed. KENAI CITY COUNCIL MEETING MINUTES February 3, 1993 Page 13 Measles - No report. The meeting adjourned at approximately 7:52 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk (2/4/93) FEB 12 '93 08:28 PENINSULA CLARION 907 263 FAXX P.1i w M� E c I /,q I rj doom a ;74 Li ,.ap �� .5� � � •v ce pcva,� ► V. ate�a,, • � z �, R 7piq IF z ai 77i t� o • K W. W �. ao ►.. •• e+n a VJ •d O A iY y '•h i". V Q #� N UNS.oj-ao,.BU < 3 .5 e 3 • G o.i3 c df a o ��V:� � .x d hQ F� -aQo �'� 3='0 ° y .b w N b� �� k to 4 u C to • C O °� Ow - d u 06 V • � � � � g� on VA b © v •� „'� w' C on v2 E �' O re Mice mg pd � � � riM� � •Ri � Z7 . emi � � ay h 4► � .a �u�r e..rd G CJ ."' m r 03 3 LafS tN •mil. Ma `VC y •R �4.% ao p. 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Lai K h p 4 o • • m # to ria :.s cm K K # o t--1 p.a a N a w va He-- Y 2 E Op •' H At w m v V) � C) � W '- a Po K rv: f 4' a •. 'V r+4 �`- •2 w K : + x Oa Q hG OL. rG L,a y V O p �' w w Y' L « « W W m N H Ca: x a a w ♦` l7 � •� ' d t1C .�-i O � V x _a W E.� W Y N W 7 Cy' w x a c.b r,a O a CJ « « d x V x H W H « K « « K 1 « « K « F. F-i La] a o tEi � Y E « x uG h+ U O« « C-D A N « E «Pq04 V] h H H m Y �-1 C'1 x 034 a O: p. H W cn S « « d 0 y rr� x K W C'> .Q W3 m O O m K E Q m H # q K rAj T « C Fit CC] a CD 9.4 -4 y-� Suggested by: Librar City of Kenai ORDINANCE NO. 1530-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $12,500 IN THE GENERAL FUND FOR THE LIBRARY. WHEREAS, the City of Kenai has received a State of Alaska grant, through the Kenai Peninsula Borough, for $10,000 for library books, reference material, equipment, or furniture; and WHEREAS, the City administration recommends that $5,000 of this grant is appropriated to replace computer disks, matched with $5,000 of City money; and WHEREAS, the City administration also recommends that $2,500 of this grant be appropriated for library books. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State (KPB) Library Grant $ 7,500 Appropriation of Fund Balance $12,5Q2 Increase Appropriations: Library - Machinery & Equipment $10,000 Library - Books 2.500 1 5 0 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of March, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: February 17, 1993 Adopted: March 3, 1993 Effective: March 3, 1993 Approved by Finance: C S a (2/12/93) kl -WEnai Community —PAa.zy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 To: Charles Brown, Finance Director "Prom: Emily DeFo.4est, Library Director Date: 10 February, 1993 Subject: Alaska Legislative Grant Will you please appropriate $7,500 from the 1992 Alaska Legislative Grant for use in FY 1992-93? 001.-40-8064 Machinery and equipment $5,000 001-40-4666 Books/Library materials 2,500 9(Enai Community -fdnaztJ, A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 T(-): Charles Brown, Finance Director From: Emily DeForest., Library Director Date: 9 February, 199J Subject: Disk for Ultimate Main Frame One new 185 mg disk is $8,900 or we may be able to trade our two 185 mg disks for two rebuilt 324 mg disks for approximately $10,000 plus $250.00 installation. A new 324 mg disk is $12,000. By purchasing used disks from Dynix we will still be able to keep our maintenance contract with them. If we exchange our current 185 mg disks for two 324 mg disks we will be able to add one more 324 mg disk at some future date. I .recommend that we exchange our present two 185 mg disks for two 324 mg disks which will give us 278 mg of new disk space. I would ask that $5,000 be appropriated from the Legislative Grant funds for this purchase. WALTER J. HICK. + I _S F 3601 C STREET, SUITE 1. ANCHORAGE, ALASKA 9 DEPARTMENT OF NATURAI, RESOURCES PHONE: (907) 762-2600 MAILING ADDRESS: P.O. BOX 107001 DIVISION OF PARKS AND OUTDOOR RECREATION ANCHORAGE, ALASKA M10-7o01 February 5, 1993 Re: 02-00347 Kenai River Mouth Viewing Area Land and Water Conservation Fund Grant Program Charlie A. Brown Acting City Manager & Finance Director City of Kenai 210 Fidalgo Avenue Kenai, AK 991611 Dear Mr. Brown: The federal Office of Management and Budget Circular A-102, Attachment 1, requires the states to submit status and financial reports at least yearly on all open Land and Water Conservation Fund (LWCF) grant projects. Because the information on this report needs to be accurate and meaningful, we require current input from you regarding project status. For the LWCF project listed above, please provide the following information to us by Monday, March 1, 1993: Proiect Status Report - What items in scope of work have been accomplished to date - Percent of project completed - Schedule for completion of remainder of project - Is project period stated in agreement adequate, or, will an amendment be required to provide a time extension? (if extension is requested, written justification is required) Additional billing forms are enclosed for your use. If you have outstanding expenses which are eligible for billing, complete the forms and return them with the project status information. If no new expenses have been incurred since your last report, please include a statement to that effect. Don't forget to forward your status report to us at the above address, or FAX #762-2535 by Monday, March 1, 1993. Thanks, in advance, for your prompt reply. Should you have questions regarding this request, or any other aspect of the LWCF program, feel free to contact us at 762- 2607 or 762-2608. Sincerely, I I Joy Bryan-Dolsby Grant Administrator enclosures i Suggested by: Administration City of Kenai ORDINANCE NO. 1448-91 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $160,000 IN A NEW CAPITAL PROJECT FUND ENTITLED "KENAI RIVER VIEWING AREA". WHEREAS, the State of Alaska, through the National Park Service, has offered the City of Kenai a grant in the amount of $72,000 to construct a Kenai River Viewing Area, and WHEREAS, the grant must be matched with City money and in -kind services, and WHEREAS, in 1986, the City Council appropriated $25.,000 of Federal Revenue Sharing money to be used for ballfield improvements. The unspent balance, $10,765.32, may be reappropriated by the Council, and WHEREAS, in 1983, the City Council appropriated $18,056 of 1974 bond money to be used for recreation improvements related to ballfields. The unspent balance, $9,952.42, may be reappropriated by the Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Capital Improvement Reserve Increase Appropriations: Non -Departmental - Transfers Kenai River Viewing Area Increase Estimated Revenues: State Grant Transfer from General Fund Increase Appropriations: Construction �-lo-9J d J k/ 2 N,o H/l P H tT ti 0 r 6 e e h 1P tK �" $ 72,000.00 88,000.00 1160,000.00 .100LI S9 r O Y Y.*? C y r r f d C9q t Ordinance No. 1448-91 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of August, 1991. JOH . WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 17, 1991 Adopted: August 7, 1991 Effective: August 7, 1991 Approved by Finance: CRr (7/10/91) kl aL 1791-1991 /� '„6- CITY OF KENO._ % %Od 62ajaioW 4 4iad," I I 210 RVALGIO KENAI, ALASKA 99911 TELEPHONE 283 - 7535 FAX 907.283-3014 TO: Mayor John Williams & City Council FROM: Keith Kornelis, Public Works Director DATE: February 12, 1993 FOR: Council meeting of February 17, 1993 Change Order No. 5 is to pay for items the architect directed the contractor to do in response to their Document Clarification Requests (DCR's). The contractor has submitted 69 DCR's. Only twenty-one (21) of these requests for clarification have resulted in additional costs. The twenty-one (21) items range from a credit of $2,705 to a cost of $3,681. The architect answered the DCR's showing the best way to solve the problems after which the contractor did the work. The contractor kept track of the actual costs and have submitted these costs in this change order. Most of these items would have stopped the job if not completed immediately (which would have increased the costs tremendously). I have a tremendous amount of additional detailed information on this change order, (about V thick), that I will have available at the council meeting should you want it to discuss it in more detail. Time wise we are about 50 % complete on this project. This Change Order No. 5 is the only change order tint was not cad by the site cxnn soils problem. This Change Order No. 5 oft of $12,995 rquemb only 0.289E of the original construction amount. 11 .11 A@.,1 tC.' 1, �1 11 1 / /::i 1 rl� 1_ 1i+ KK/kv {ENAI All • Aaw a City o2-i%-V APPROVAL OF ALASKA COURT SYSTEM BY DATE 60 ✓ ORIGINAL CHANGE ORDER NO.: 5 .. $Zf /7 /f--3 Project: Kenai Courthouse Initiation Date: Contractor: G & S Construction City of Kenai You are hereby requested to comply with the following changes from the contract plans and specifications: Item No. Description of changes - quantities, units, unit prices, change in completion schedule Change Increase + Decrease - I. DCR 14 & 22: Revise floor framing @ AHU ducts $ 3,681 Ii. DCR 16: Add rebar @ foundation corners. 393 III. DCR 24: Add steel @ Column base H5. 738 IV. DCR 33: Extended stair enclosure per ADA. 1,754 V. DCR 35: Header schedule changed at Bm. for grids 3B, 4B, 5B, & 6B. 128 VI. DCR 37: Cut & reweld column base plates @ 6D & 8F due to dimension conflict. 1,660 VII. DCR 38: Lower footing @ underslab duct. 316 VIII. DCR 39: Add steel plates @ GLB post connections. 1,165 IX. DCR 41: Add 311x3" angle to support Clg. deck pan @ judicial services. 187 X. DCR 48: Add straps at GLB hip pockets. 239 XI. DCR 49: Provide post base connection @ 2B. 454 XII. DCR 50: Add light fixture in holding cell corridor. 329 XIII. DCR 51: Add 2 post caps @ 2B. 530 XIV. DCR 53: Add beam hanger @ 2B. 206 XV. DCR 55: Soffit revision @ W. entry. 454 XVI. DCR 56: Provide rafter & truss hurricane ties. 986 XVII. DCR 60: Alter wall height to coord. structural & architectural. 342 XVIII. DCR 64: Add straps @ T.S. top plate connection. 505 XIX. ASI 6: Add furring @ fintube enclosure. 710 Net change in contract price due to this C.O. + Architect Contractor ORIGINAL f. . Item No. Description of changes - quantities, units, unit prices, change in completion schedule Change Increase + Decrease - XX. RFP 1: Provide footing modification. $ 923 XXI. RFP 2: Delete various mud slab waterproofing. <2,705> Net change in contract price due to this C.O. + 12,995 ,y CHANGE IN CONTRACT TIME Original time (days) 365 Previous C.O.'s 0 This C.O. 0 Revised Contract time 365 CHANGE IN CONTRACT AMOUNT Original Contract Amount 4,704,000 Previous C.O.'s 1 & 2 378,078 Previous C.O.'s 3 & 4 216,157 (3 & 4 ACS not approved yet) This C.O. + 12,995 Revised Contract Amount 5,311,230 (Attached) (Above) 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 sum or Contract time. By By By Architect Contractor Owner Date Date Date ORIGINAL KENAI COURTHOUSE CHANGE ORDER NO. t!;� The Alaska Court System agrees that all costs associated with Change Order No. � are eligible project costs. The Alaska Court System agrees to reimburse, to the City of Kenai, upon documentation of payment, an amount of $ /49, 170.4" Printed Name Signature Title Date Page of ORIGINAL February 10,1993 Page 1 of 5 CHANGE ORDER #5 DESCREP'1'ION The following items involve =)?. the Contract Sum and/or time (additional details and cost dom entation are DCR 14 & 22: Description: Within the Did Set dr sheet S2.1 does not indicate necessa ry � 24" x 42" mechanical duct from AHU-3. The, $W provide d tional framing materials and hthor to imsupply air duct. Attachments: Refer to the attached additional details and responses from DCR's 14 & 22 and the Order rust identified by G & S Construction. Total Cost: DCR 16: Description: Structural drawings within the Bid Set did not reflect all necessary comer rebar in foundation. The: General Contractor shall provide additional comer rebar. Attachments: Refer to the attar detail response from DCR 16 and the Change Order cost i tad by G & S Construction. Total Cost: $93.00. DCR 24: Description: Structural support for the base of column H5 was unclear. Additional structural details were provided to clarifythe connection. The General Contractor shall �additional fivming material and labor to complete this connection. Attachments: Refer to attached details from DCR 24 and the Change Order cost identified by G & S Construction. Total Cost: $737.96. DCR 33: Description: 'Typical" stair handrails shown on detail B/A4.2 conflict with doors at 3 stair locations. The Contractor voiced concerns for ADA compliance at the locations and the result' conflicts. The three stairs from Winer Access Passageway 1011%rito each courtroom do not need the full 23 inch extension shown on detail B/A4.2. In an effort to save Spam and eliminate the conflicts, some of the handrails were reduced in length and some of the stair enclosures were lengthened. The General Contractor shall provide revised handrails and stair enclosures as detailed on the attached drawings. Attachments: Refer to attached revised stair plans and notes for DCR 33 and to Change Order cost indentified by G & S Construction. Total Cost: $1754.00 ORIGINAL Change Order Description February 10,1993 Page 2 of 5 DCR 35: Description: Tngg Grid 'BaLG rid '3' is a header spanning more than five feet. Contractor kedfor a clarifCation concerning the size of this header. The Strums responded that a 518" x 12" CLB should be pmvided,for t ' IS the Header Schedule on utt.1.1. 'd three of the rtaired 4 x 12 +pn Grid 1W to 16 z'2 =M The General Conner shall proMe a 6 x 12 or 51/8" x 12" GIB at Grids B4, B-5, and B-6. Attachments: Refer to attached DCR responses from Cof fan Engineers dated Nov. 10,1992 and the Change Order cost identified G & S Construction. Total Cost: $128.00 DCR 37: Description: Sheets A1.1 and S5.3 had conflicting dimensions for columns at Grids D-5 and F-7. The columns were fabricated based upon the Structural Dra This resulted in the need to reposition columns D-5 and F-7 on Mir bases. The General Conte shall cut and reweld base plates at columns D-5 and F-7 as shorn on the attached detail. The entry to Vending 170 shall be moved toward the south as shown in the attached detail to allow for relocated column. Attachments: Refer to the attached details and responses from DCR 37 and the Change Order cost ident Bed by G & S Construction. Total Cost: $166000 DCR 38: Description: The Contractor expressed concern at the proximity of a 26" dia. mechanical duct being below the concrete &mWmg for column D-6. The Owner, Architect and Contractor agreed that any potential concern for a set" or shifting footia the duct could be eliminated by lowering the !Wlfu !to the same I as the duct. The Contractor shall provide additional concrete and reinforcing to bring the bottom of the footing to the same elevation as the bottom of the duct. Attachments: Refer to attached comments and responses to DCR 38 and to the Change Order cost identified by G & S Construction. Total Cost: $316.00 ORIGINAL Change Order Description February 10,1993 Page 3 of 5 DCR 39: Description: The rlMp-Mt=W- ted infer Ur for GB/Post connections s ( +j tai ed). The —* steel plate material and labor for these Attachments: Refer to aMWbod dota*1 andr=,W for DCR 39 sand the Change Order�. � w e 5 Total&:.1"rl DCR 41: Description: Structural Drawings within the Bid Set did not indicate the method to suppw north eta of canqxWte, deck pan at Judicial Services. Toe Gew,W C yr shall pr p* a 3 x 3 x 1 f a4" angle support for north � ", of metal at JQ Services. Attachments: Refer to attached detail response for DCR 41 and the Change Order cost iden�ed i 0 & S Construction. Total Cost: $1 00 DCR 48 & 49: Description: The Contractor requested information concerning GLB be conditions at Grids A-8, A-1, and C-1 also for post bearing conditions at Grid 2-B. (not previously detailed). The Structural Engineers issued an additional detail and notes to address these conditions. The General Conte shall provide material and labor for these newly deed structural connections. Attachments: Refer to the attached detail and responses for DCRs 48 and 49 and to the Chafe �DMCR rcost identifed! bjy G & S Construction. Total Cost4 : $ 9.00. Total Cost 4 . $454.00 DCR 50: Description: The light fixture for Prisoner Intake 128 was indicated mi a position immediately adjacent to an 8 inch de tube steel beam. The resulting shadow could cause an unsafe condition in the south half of the intake area. The ArNchitect Electrical Engineers recommeudd adder anther li'gt+ for more even lighting. The Gen" actor shall prclvtde one additional light fixture at Prisoner Intake 128. Attachments: Refer to the attached response for DCR 50 and the Change Order cost identified byy G & S Construction. Total Cost: $329.00 ORIGINAL Change Order Description February 10,1993 Page 4 of 5 DCR 51&53: Description: The and a Thai \i newly Attachments: Refer to the a� uses for 51 and 53, and to the rttaa a; + Co�c 51Cost 53�j: VS4 DCR 55: Description: At soft/roof overhang outside of Vestt'buile 109, additional framing was cailled f atom eatftsions fo dons between Contractor, and Comer. ditional framing provides extra stabilift at this long overhang. The 6;;;;Y o�tor f all provi de additional fi ning material and labor to modify roof overhang otitsi a Vestibule 109. Attachments: Refer to attached detail and response for DCR 55 and to Change Order cost identified by Car & S Construction. Total Cost: $454.00 DCR 56: Description: The Contractor requested information concerning the need for Hold Downs where trusa and Oaan~pard miters beats on top plate of walls. The Structuratl hers responded 'w ith the treed for rafter and truss hurricane ties at these loatations. The Genecr:4 Cbmactor Mall provide material and labor for these conneattiotts as speed fits the attached response from Coffman Engineers. Attachments: Refer to attached responses to DCR 56 and to Change Order cost identified by G & S Construction. Total Karst:' $966.00. DCR 60: Description: The Contractor identified an elevation conflict between Structural and Architeotural notes for wall t shown on F/55.1. The General !Contractor shall prod continuous parapet elevation so. finish elevation of 12' - 11" can be maintained. Provide material and labor as necessary to correct conflict. Attachments: Refer to response for DCR 60 and Change Order cost identified by G & S Construction. Total Cost: $342.00 ORIGINAL Change Order Description February 10,1993 Pop 5 of 5 DCR 64: Description: The Contractor requests information concerning top__pplate / borixontal "T.& Grids D, . and G. The Structural nood ( at tie dons. c►r Makrial =W labor to complete ins. Attachments: refer to atta6edraponse. to DCR 64 and to Change Order cost ides by 0 4 S cowbuction. Total Cost: $Wbo ASI 6: Description: To avoid coufhcts between wall mounted electrical outlets and fintube ends the west side of the bn ft& furring is needed behind the mW a shorter aura is needed. The Go--,sball pry necessary materials and labor to m� title tender as specified. Attachments: Refer to attached ASI #6 with sketches and to Change Order cost idend&W by 0 A S Construction. Total Cost: $710.00 RFP1&2: Refer to attached documeatation for these two items modifying various footing, naudslab a locations, also refer to Change Order cost identiod' 7,iroofing onsrtruction. Total Coat:' 1 : $923.00 Total Coat: AFP 2): <$2705.00> , - ;r--- . -, x 744 10 71 I ; W—N =� :' mm"m , , , 00 17.%7_il rk, INN i'�' ; " 6 1 wIo It'r. . M. . warn. wnr rrw rMww a.r•gMr. mmo Nd 7 r ILI 0 rw � EMI rtwMr► s � 4 DATE: FEBRUARY 12, 1993 TO MAYOR JOHN WILLIAMB RENAI CITY COUNCIL FROM: PLANNING AND BOND COM9I88ION RE: TOWNSITE HISTORIC ZONING DISTRICT The Planning and Zoning Commission reviewed the Townsite Historic Task Force (TSHTF) Information at their January 27th meeting. They had concerns as noted below and in the attached minutes. 1. Mission Statement - No Changes 2. Substitute Ordinance - Changes as presented in Exhibit "B" (and minutes) 3. Rezone - P&Z to decide boundary designation outside of proposed TSH Zone 4. Land Use Table - Questions noted on Exhibit "C" 5. Proposed Historic District Projects - Question legality of some projects as noted in minutes Also, included as (Exhibit "D") is the proposed ordinance as prepared by the TSHTF. The Task Force has indicated that they do not intend to meet again to consider the P&Z concerns. DOES THE COUNCIL WISH TO: REQUEST WORK SESSION BETWEEN P&Z AND TSHTF TO DISCUSS AND INCORPORATE SUGGESTIONS; INCORPORATE PGZ CHANGES AND PROCEED WITH PROJECT; OR, COUNCIL PROCEED WITH TSHTF PROPOSAL AS PRESENTED? 1 CITY OF KENAI TOWNSITE HISTORIC TASK FORCE MISSION STATEMENT The purpose of the City of Kenai Townsite Historic Task Force (TSHTF) is to develop specific recommendations to be presented to the Kenai City Council relating to: A. The proposed area to be included in a Townsite Historic District B. A revised townsite historic ordinance C. The restoration and enhancement of properties and structures considered to have historic significance The purpose of the TSHTF is not to promote any specific industry or enhance the marketing of any product. It is to provide a framework from which private and public interests can create their own goals. The intent of the TSHTF is to enhance and identify the city of Kenai's heritage, to present this heritage in a manner that promotes civic pride, and to foster an awareness of where we as a people have evolved. The TSHTF will focus on community improvement, including rules and procedures intended to clearly define and proposed development. The intent of these rules and procedures is to provide a basis for what is considered acceptable development or alteration to existing properties in a manner that can be clearly understood and will welcome change. The framework is based on specific recommendations as well as a more generalized concept of how the historic portion of the city should be preserved and presented. We feel confident that the efforts of the TSHTF will have a positive effect toward promoting the historic district for the education, pleasure, and welfare of the people of Kenai and those visiting the city not only today, but for future generations. EXh; U; i- DRAFT January 27, 1993 Vlann n mad Soma Ce= issioa aiov — ions 14.20.105 to HistoriC (TBR lonina Diatriot (a) Intent: The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character of the zone. The goal of the TSH zone is to manage all new development, reconstruction and alterations within the zone. The intent of the Townsite Historic Review Board is to enhance and identify the city of Kenai's heritage, to present this heritage in a manner that promotes civic pride, and to foster an awareness of where we as a people have evolved. MIEF,7rr » A TT » A historic district Board will be established to regulate development within the TSH zone. The following provisions will govern the Board's activities through the State of Alaska Certified Local Government Program: (1) The Board will consist of a minimum of seven members with a demonstrated interest, competence, or knowledge in historic preservation, appointed for terms of not less than three years. A majority, mlus one member must be dents of the City of Kenai. (2) To the extent available in the (community] city, three Board members shall be professionals, as defined by National Park Service regulations, from the disciplines of history, architecture or architectural history, and archeology. (3) The Board will meet at least twice each year and conduct business in accordance with the Open Meeting Laws of Alaska. This includes public notification of meeting place, time and agendas. (4) Written minutes of each Board meeting will be prepared and made available for public inspection. (c) Historic District Board Duties: (1) The Board shall make recommendations to the Kenai Planning and Zoning Commission as to the area of the city to be included within the zone and any adjustments to the boundaries in the future. TSH Zoning District - DRAFT January 11, 1993 Page 2 (2) The Board shall review zoning requirements and review all proposed changes to the zoning law within the TSH Zoning District. (3) The Board shall schedule a minimum of two meetings annually and special meetings as requested by the Planning Department to review proposed building permit applications within the zone or other business considered necessary by the Planning Department. ( 4 ) The Board shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community. The survey shall be compatible with the Alaska Heritage Resources Survey and able to be readily integrated into statewide comprehensive historic preservation planning and other planning processes. Survey and inventory documents shall be maintained to protect the site location(s) from possible vandalism. The survey shall be updated every ten years. (5) The Board shall review and comment to the State Historic Preservation Officer on all proposed National Register nominations for properties within the boundaries of the City. When the TSH Board considers a National Register nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the Board, the Board will seek expertise in this area before rendering a decision. (6) The Board shall act in an advisory role to other officials and departments of local government regarding the identification and protection of local historic and archaeological resources. (7) The Board shall work toward the continuing education of citizens regarding historic preservation and the community's history. (8) The Board will review all building permit applications as well as all exterior architectural alterations within the designated zone. The Board's responsibility will be to provide it's recommendation for approval, denial or modification to the Planning and Zoning Commission. The guidelines to be followed by the Board will be designed to preserve the character which typify development in the zone and provide the basis for preserving the historical character of the zone. Applications must be accompanied by a schematic drawing of proposed changes within the zone. TSH Zoning District - DRAFT January 11, 1993 Page 3 (d) Develg=ent Criteria The development criteria is intended to provide for a district in which residential and business enterprises co -habitat as a desirable and compatible use. All proposed construction, renovation, demolition, or alteration shall: (1) Encourage, whenever possible and compatible with historic character of the TSH zone, foot traffic; restaurants, gift shops, parks, etc; indigenous Kenai Peninsula flora; wooden structures including log style with soft colored or natural sidings. (2) Discourage uses which will violate the historic and scenic quality of the TSH zone; buildings and building additions that are not compatible with adjacent buildings or which violate the existing scale of the district. (3) Specific structures and activities which will not be allowed, but are not limited too: ?(a) Metal buildings (b) Buildings with "modern design style of architecture" that have no historical correlation with the district ?(c) All multiple family residences including duplexes and larger structures 7 ? (d) Trailers �&&ta44 (e) Gas stations (f) Auto repair shops (g) Rental storage of any kind 2 (h) Junk and j unkyards C,41t r*, -?� '(i) Kennels or similar uses (j) Livestock, Stables, Commercial horseback riding (k) Auto body and paint shops 2 (1) Commercial buildings are limited to a total area of no more 5,000 per story, with any individual unit within the structure of no more than 2,500 square feet (e) Criteria for determining acceptable use shall include, but not be limited to the following: (1) All alterations to existing structures should be performed so as to preserve the historical and �'"" architectural character of the TSH zoning district. TSH Zoning District - DRAFT January 11, 1993 Page 4 (2) The distinguishing original qualities or character of a building, structure, or site in its environment shall not be destroyed. The removal or alteration of any historic material or destruction of architectural features cannot be done without approval. (3) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. These chances may have acquired significance of their own, which should be recognized and respected. (4) Landscaping requirements according to City of Kenai guidelines. (5) All exterior construction must be completed within a year of date of approval. (4) Existing structures: All structures existing prior to the enactment of this ordinance will be allowed to continue in their present form and use. In the event of loss of the existing structure due to demolition, fire or natural causes, the structure may be rebuilt with the following requirements: (a) The structure to be rebuilt must conform to the previously existing structure in terms of size, shape and location. (b) No additions to the pre-existing structure will be allowable. (c) The use of the new structure must be the same as the previous structure. (d) Application for reconstruction of the structure must be made to the Planning Department within one year of the date of loss due to demolition or damage. (e) Reconstruction of the structure must be complete within two years of the date of the loss due to demolition or damage. (f) If applicant wants to rebuild, other than a pre-existing structure, the existing structure provisions as stated above are not applicable. (f) Criteria for designation of landmarks to be included in the TSH: (a) Its age - approximately fifty years old. (b) Its character, interest or value as part of the development, heritage, or cultural characteristics of the city of Kenai. TSH Zoning District - DRAFT January 11, 1993 Page 5 (c) Its location as the site of a significant historic event. (d) Its identification with a person or persons who significantly contributed to the culture and development of the city of Xena i . (e) Its distinguishing characteristics of an architectural type- (f) Its relationship to other distinctive areas that are eligible for preservation according to a plan based on a historic, cultural, or architectural motive. (5) Uses (a) Principal Permitted Uses as allowed in Land Use Table. (b) Conditional Uses: As allowed in the Land Use Table and subject to the provision of this chapter. 1. Such uses must be similar to principal uses permitted in the zone. 2. Such use must be in harmony with the intent of the zone. (g) Review process Upon submittal of an application, the Planning Department shall schedule the application for review by the TSH Zoning District Review Board at the following appropriate meeting. The Board shall make a recommendation regarding the permit application the Planning and Zoning Commission. The Board's recommendation shall be based upon the development criteria in subsections (C) and (D) above and all other pertinent provisions of the Kenai Municipal Code. (h) Penalties: Penalties for non-compliance with this Chapter shall be as set forth by KMC 14.20.260 (Ord. 1132, 1240) (i) Definitions: 1. Alteration -Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure which requires a building permit. 2. Construction -The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property which requires a building permit. 3. Demolition -Any act or process that destroys in part or in whole a landmark or a structure within a historic district. 4. Certified Local Government -A local government "that has been certified to carry out the purposes of the National Historic Preservation Act". TSH Zoning District - DRAFT January 11, 1993 Page 6 5. Historic District -An area designated as a "historic district" by ordinance of the City Council which may contain within definable geographic boundaries one or more landmarks and which may have within its bourAaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district. 6. Historic Preservation -The act of adopting regulations and restrictions for the protection and preservation of places and areas of historical and cultural importance to the Kenai. 7. Landmark -A property or structure designated as a "landmark" by ordinance of the City Council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the city of Kenai. 8. New Development -Any development which requires a building permit. 9. Reconstruction -The action of reconstructing. 10. Removal -Any relocation of a structure on its site or to another site. 11. Renovation -To restore to a former better state (as by repairing or rebuilding). 12. Siteplan-Schematic drawing complying with the development criteria of this chapter and drawn to scale showing proposed structure in relation to the site. C:\WP51\DOCS\TSHTASK\TSHDRAFT.GBK m" i1w 6i r C KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use Table 1 of 3 RATE: Reference footrotes on following pages for additional restrictions. 20PiiEWG DISTRICTS � C RA RRI RS RSl R R[T QC Cf5 II. M R T LAt+1Ly USM " � S 4" One FamVy P P P P P P S ST S: P P Dwelling Two Fadtily P P P P P P S P C Dwelling TbreelFour Family P P P S Si Dwelling Five/Six Family Dwelling C3 P P S ST �+ Seven or More C3 C3 P S Sl C Family Dwelling Townhouses 4 C C C Mobile Homes S Mobile Home C C Parks Planned Unit C C C Residential ,, ..._, .... a . 7 II COMMERCIAL n OF Automotive Sales P P I P Automotive Service P P P Stations Q Banks P P Business/Consumer P P C OP Services otcls/Motels P P C i 01 fessional Offices P P P P P S P �I estaurant.s Ca P P I ( If C-T— c�Business Retail/Wholesale P P P I P C C I 'heaters/ P 1' P //,,C' inercial D�ccn>ntion St:O-07; 0','O2 14-66 CITY OF KENAI oK 14 LAND USE TABLE KET: P Principal Pemitted use MOTE: Reference footnotes C cmWitional use on following pages for ! ■ secmafsry use additional restrictions. Table 2 of 3 ZON IM DISTRICTS LAND USES C IER 1901 PS RSl JtS2 AU ' CC CG IL IH R T S Ii Airpotps_and Related Uses P P P Automotive Repair/ Tire Recapping/ Rebuilding P P P Gas Manufacture/C* Storage Manufacturing/ Fabricating/ Assembly/Storage P P Warehouses P P PUBLIC/ INSTITU 'TIONIAL © Charitablc -Institutions P P hunches Pro Pig Pto P10 C4 P I cs P P C Colleges C C C C C i 6 Pcmentary Schools C C C C C Govermagental Buildings C C C C j} High Schools C C C C C 6)1 Hospitals C C C C C —Libraries C12 P P P Museums P P I P Parks and ocreation P S S S S S P P I ublic Facilities C C C P i C Sanitariums C C C C I C ` !� S60-07i0192 14-67 CITY OF KENAI C 0/1 tj , e Q� KEY: P - Princi;pst Permitted Use C - Corditionst Use S • Secondary use Table 3 of 3 ROTE: Reference footnotes an following pages for odditionat restrictions_ ZONING DISTRICTS C RR RRl RS RSl RSWt RU CC CG lI. IH R T LAND USES S H MISCELLANEOUS Animal Bo ding 13 C C C INS Bed & BroWasta C C C C C Cabin Rentals C C Cemeteries C Crematories C C C C TC, Day Care Centers 12 C C C C C C C itories/ P St S ing Houses tial Services R P P P P P P P P P P P P P ng/Gardening/ P P P General Agriculture reenhouses/Tree C C C C C C Nurseries 13 Assemblages 15 C C C C C C (Large: Circuses, Fairs, etc.) Lodges/Fraternal P P C Organizations Nursing, C C P P -Convalescent or Rest Homes Parking, Off-Strnet P P P P P P P P P P P P P Parking, Public ' C C C P Q Lots t2 1 Private Clubs P P P S C -RadiorrV P P P S Transmitters -Recreational Vehicle C C C C C C C Parks ocial 11,11s P 1' C Subsurface Ext- C C C C C C C C C C C Lion of Natural Resources 16 ,,LSurface ixtracuon C C C C C C C C C C C 1 of Natural Resourocs 17 a� tJnion halls 1' 1 P C .)-07�0_','92 14-03 CCCl' ()F F:I:V�Al 0 KENAI PLANNING AND ZONING COMMISSION Minutes - January 27, 1993 Page 3 Bryson said he felt that the home occupation should be "wholly enclosed" within the principal building on the lot. The principal building would be the home. ROLL CALL VOTE: Bannock: Yes, Bryson: No, Glick: Yes, Goecke: Yes, Hanson: Abstain, Scott: Yes PASSED BY MAJORITY VOTE. ONE ABSTENTION. a. Townsite Historic Task Force Review The Commissioners went through the Draft Ordinance: Historic Board: Bryson said he would be opposed to this Board to regulate that area. There is also no requirement for City residency. It would not be appropriate for non-residents to set City policies for such a sensitive area. Goecke explained that this would be a Board. City guidelines do not require that a Board member be a City resident. As I remember if there is someone wanting to develop in the TSH zone they have to submit a document to this body, P&Z than would turn this to the TSH Board for their recommendations, than it would come back to the P&Z. This would create an additional step in approval of all development in TSH. Bannock said he felt that section B. and C. were not appropriate since it had never been clearly decided whether or not a Board was vital for sites to be considered as historic. Smalley said he felt that Ms. Bittner had stated that there be a Board or Panel/Commission that works in that capacity. The language did not state you had to have a specific body to deal with the historic area. Scott asked the Commission if they had reached a consensus as to whether or not the Board should be made up of residents. Bryson said he had trouble with non-residents making policies for the City of Kenai. He also noted that one of the main commercial activities in the TSH zone were apartments and under the new ordinance multi -family was not allowed. Hanson felt that the intent of the Task Force was that this body would have no power but be advisory only. Bannock said he would probably like the Board better if members were City residents. All meetings are open to the public so anyone can come and testify regarding historic sites. If b and c need to be in the ordinance than they should include resident criteria. • KENAI PLANNING AND ZONING COMMISSION Minutes - January 27, 1993 Page 4 Glick said he realized this would be a specialized group. This area is a special area that merits this kind of consideration. Normally he would be against more regulartory hoops, but this area requires special treatment. Scott asked if there would be an objection to sending forth a recommendation on this section? Limiting the Board to advisory only, limiting members to residents only. Bryson said he felt there may be a need to obtain specialized help outside of the City limits. Scott asked if Bryson would like to recommend a minimum number of members who would be city residents. Bryson said he felt five would be appropriate, or an equal ratio. At least the majority of members should be residents. Bannock asked if the section could be rewritten to include "to the extent available within the city." Hanson said he felt that in the extent that this is intended to be a "advisory board" he would like to see the best qualified people be on it. Whether they reside in the city is not important. Scott thought that perhaps the Commission should recommend a majority, plus one. Scott asked for other comments regarding this proposed board. She noted that the ordinance suggested the board meet a minimum of twice a year or as needed. Hanson reported that the Task Force had designed it so the board would not have to meet during the long, cold, winter months, when building activity is down. Scott noted that the ordinance numbering was confusing. Harvey said she would check the numbering and try to clarify it. Development Criteria: Bryson was concerned over the second sentence on page three regarding reconstruction. He felt it was reaching way beyond land use issues. Scott expressed concern over the legality of some parts of the ordinance. Have any of these been legally tested? Hanson said it has been tested and it was decided that if the historical interest in a community is great enough, if it's not arbitrary, than the ordinance can deny some uses in that area. Bryson referred to page 4 item (c) wondered why all multi -family structures including duplexes are prohibited from being constructed. Yet, if there is an existing building it would be allowed to rebuild. This seems to be counter to the existing KMC. KENAI PLANNING AND ZONING COMMISSION Minutes - January 27, 1993 Page 5 Bannock had a problem with (a) Metal Buildings. He recalled Mr. Tormdle's attempt to put up such a building but he was denied. He also expressed concerns regarding (d) trailers, (already not allowed under KMC 24.22.40) (j) commercial horseback riding, (this is going overboard on what an ordinance should address.) Bryson comment on (1) just for sake of scale, Bailey building is 5,000 feet, so anything larger than that would be prohibited. The only viable business in Old Town are apartment rentals. The prohibition of apartments would create quite an impact on that area. Glick said he felt apartment buildings should be allowed as long as they conformed to the historic nature of the district. Scott summarized for.the Commission: Problem with sections (c), (j) and (1). These sections need clarification and work. The primary concern is the rebuilding of prohibited non -conforming use structures under 4. Proposed Boundaries La Shot said that the Commission should decide what the area r outside the proposed TSH zone should be zoned? Bannock mentioned that Bookey had requested that his RV park be included in one zoning designation. Glick said this item should probably be addressed separate from this zone change. Bryson noted that the Russian Cemetery was included in the proposed zone but cemeteries were not included in the Land Use Table. Goecke said the Task Force felt the cemetery had "grandfather rights" but no new cemeteries will be allowed. Bryson felt cemeteries should be allowed as a Conditional Use, rather then non -conforming. Bryson also thought that parking should be allowed on private lots, this is listed as a prohibited use under the new ordinance. Scott recommended this item be carried over to the next meeting for additional review. Smalley said that he would not be able to attend the meeting of February loth since there was a work session scheduled for the City Manager's position. Scott said that the TSH review should be carried over to the February 24th meeting. KENAI PLANNING AND ZONING COMMISSION Minutes - January 27, 1993 Page 7 A work session will be held on February loth to discuss City Manager hiring procedure. The Council passed an Ordinance relinquishing Landscape Review Board responsibilities to the Planning and Zoning Commission. b. Borough Planning Bryson reported that he had missed the previous meeting but noted items of interest to the City on the agenda. C. Townsite Historic Task Force - None d. City Administration - None a. Homer News - Proposed changes in Homer sign law b. Carr's Sign Variance - Board of Adjustment Minutes & OUESTIONS Bannock said he would not be able to attend the next meeting. 14. ADJOURNMENT There being no further business the meeting was adjourned at approximately 9:55. Respectfully submitted, YoArett Har ey Transcribing Secretary DATE: FEBRUARY 12, 1993 TO XXYOR JONN WILLIAXS KXXAX CITY COUNCIL FROM: TOWNSITE HISTORIC TASK FORCE RE: TOWNSITE HISTORIC ZONING DISTRICT The Townsite Historic Task Force has completed the following items for your review: 1. Mission Statement 2. Substitute Ordinance 3. Rezone 4. Land Use Table 5. Proposed Historic District Projects CITY OF KENRI TOWNSITE HISTORIC TASK FORCE mission aTR The purpose of the City of Kenai Townsite Historic Task Force (TSHTF) is to develop specific recommendations to be presented to the Kenai City Council relating to: A. The proposed area to be included in a Townsite Historic District B. A revised townsite historic ordinance C. The restoration and enhancement of properties and structures considered to have historic significance The purpose of the TSHTF is not to promote any specific industry or enhance the marketing of any product. It is to provide a framework from which private and public interests can create their own goals. The intent of the TSHTF is to enhance and identify the city of Kenai's heritage, to present this heritage in a manner that promotes civic pride, and to foster an awareness of where we as a people have evolved. The TSHTF will focus on community improvement, including rules and procedures intended to clearly define and proposed development. The intent of these rules and procedures is to provide a basis for what is considered acceptable development or alteration to existing properties in a manner that can be clearly understood and will welcome change. The framework is based on specific recommendations as well as a more generalized concept of how the historic portion of the city should be preserved and presented. We feel confident that the efforts of the TSHTF will have a positive effect toward promoting the historic district for the education, pleasure, and welfare of the people of Kenai and those visiting the city not only today, but for future generations. CITY OF KENAI ORDINANCE AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI NDNICIPAL CODE TITLE 14 HY SUBSVITUTINO A NXW ORDINANCE FOR 14.20. 105 TOWNSXTZ HISTORIC (TSH) ZONING DISTRICT. WHEREAS, the current area known as the Townsite Historic (TSH) Zoning District, has varied and oonflicti.ng land uses which are not coapatible Vith the steric nature of the district: and, WHEREAS, the Kenai City Council has created a Townsite Historic Task Force to review and make recommendations pertaining to the Townsite Historic Zone; and, WHEREAS, the Townsite Historic Task Force has reviewed the existing ordinance and redrafted it to better meet the needs of the area; and, NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: The Kenai Municipal Code Title 14 amended by substituting Section 14.20.105 entitled Townsite Historic (TSH) Zoning District: as defined in the attached "Exhibit A". PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 1993. ATTEST: Carol L. Freas, City Clerk ,, . MAYOR JOHN J. WILLIAMS First Reading: Second Reading: Effective Date: 91F EXHIBIT "A" DRAFT January 11, 1993 14.20.105 Towasite 8istojVic (2$11) Zoning District The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character of the zone. The goal of the TSH zone is to manage all new development, reconstruction and alterations within the none. The intent of the Townsite Historic Review Board is to enhance and identify the city of Kenai's heritage, to present this heritage in a mazer that promotes civic pride, and to foster an awareness of where we as a people have evolved. • r I .,:: . A historic district Board will be established to regulate development within the TSH zone. The following provisions will govern the Board's activities through the State of Alaska Certified Local Government Program: (1) The Board will consist of a minimum of seven members with a demonstrated interest, competence, or knowledge in historic preservation, appointed for terms of not less than three years. (2) To the extent available in the community, three Board members shall be professionals, as defined by National Park Service regulations, from the disciplines of history, architecture or architectural history, and archeology. (3) The Board will meet at least twice each year and conduct business in accordance with the Open Meeting Laws of Alaska. This includes public notification of meeting place, time and agendas. (4) Written minutes of each Board meeting will be prepared and made available for public inspection. (c) Historic District Board Duties: (1) The Board shall make recommendations to the Kenai Planning and Zoning Commission as to the area of the city to be included within the zone and any adjustments to the boundaries in the future. (2) The Board shall review zoning requirements and review all proposed changes to the zoning law within the TSH Zoning District. TSH Zoning District - DRAFT January 11, 1993 Page 2 (3) The Board shall schedule a minimum of two meetings annually and special meetings as requested by the Planning Department to review proposed building permit applications within the zone or other business considered necessary by the Planting Department. ( 4 ) The Board shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community. The survey shall be compatible with the Alaska Heritage Resources Survey and able to be readily integrated into statewide comprehensive historic preservation planning and other planning process. Survey and inventory documents shall be maintained to protect the, site location(s) from possible vandalism. The survey shall be updated every ten years. (5) The Board shall review and comment to the State Historic Preservation Officer on all proposed National Register nominations for properties within the boundaries of the City. When the TSH Board considers a National Register nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the Board, the Board will seek expertise in this area before rendering a decision. (6) The Board shall act in an advisory role to other officials and departments of local government regarding the identification and protection of local historic and archaeological resources. (7) The Board shall work toward the continuing education of citizens regarding historic preservation and the community's history. (8) The Board will review all building permit applications as well as all exterior architectural alterations within the designated zone. The Board's responsibility will be to provide it's recommendation for approval, denial or modification to the Planning and Zoning Commission. The guidelines to be followed by the Board will be designed to preserve the character which typify development in the zone and provide the basis for preserving the historical character of the zone. Applications must be accompanied by a schematic drawing of proposed changes within the zone. TSH Zoning District - DRAFT January 11, 1993 Page 3 The criteria for determining acceptable use shall include, but not be limited to the following: (1) All alterations to existing structures should be performed so as to presorv^e the historical and architectural character of the TSH zoning district. (2) The distinguishing original qualities or character of a building, structure, or site in its environment shall not be destroyed. The removal or alteration of any historic material or dgxtrwtion of architectural features cannot be done w thout approval. (3) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. These changes may have acquired significance of their own, which should be recognized and respected. (4) Landscaping requirements according to City of Kenai guidelines. (5) All exterior construction must be completed within a year of date of approval. (d) Development Criteria The development criteria is intended to provide for a district in which residential and business enterprises co -habitat as a desirable and compatible use. All proposed construction, renovation, demolition, or alteration shall: (1) Encourage, whenever possible and compatible with historic character of the TSH zone, foot traffic; restaurants, gift shops, parks, etc; indigenous Kenai Peninsula flora; wooden structures including log style with soft colored or natural sidings. (2) Discourage uses which will violate the historic and scenic quality of the TSH zone; buildings and building additions that are not compatible with adjacent buildings or which violate the existing scale of the district. (3) Specific structures and activities which will not be allowed, but are not limited too: (a) Metal buildings (b) Buildings with "modern design style of architecture" that have no historical correlation with the district TSH Zoning District - DRAFT January 11, 1993 Page 4 (c) All multiple family residences including duplexes and larger structures (d) Trailers (e) Gas stations (f) Auto repair shops (g) Rental storage of any kind (h) Junk and junkyards (i) Kennels or similar uses (j) Livestock, Stables, Commercial horseback riding (k) Auto body and paint shops (1) Commercial buildings are limited to a total area of no more 5, 000 per story, with any individual unit within the structure of no more than 2,500 square feet (4) Existing structures: All structures existing prior to the enactment of this ordinance will be allowed to continue in their present form and use. In the event of loss of the existing structure due to demolition, fire or natural causes, the structure nay be rebuilt with the following requirements: (a) The structure to be rebuilt must conform to the previously existing structure in terms of size, shape and location. (b) No additions to the pre-existing structure will be allowable. (c) The use of the new structure must be the same as the previous structure. (d) Application for reconstruction of the structure must be made to the Planning Department within one year of the date of loss due to demolition or damage. (e) Reconstruction of the structure must be complete within two years of the date of the loss due to demolition or damage. (f) If applicant wants to rebuild, other than a pre-existing structure, the existing structure provisions as stated above are not applicable. (e) Criteria for designation of landmarks to be included into the TSH: (a) Its age - approximately fifty years old. (b) Its character, interest or value as part of the development, heritage, or cultural characteristics of the city of Kenai. (c) Its location as the site of a significant historic event. (d) Its identification with a person or persons who significantly contributed to the culture and development of the city of Kenai. (e) Its distinguishing characteristics of an architectural type. TSH Zoning District - DRAFT January 11, 1993 Page 5 (f) Its relationship to other distinctive areas that are eligible for preservation according to a plan based on a historic, cultural, or architectural motive. (5) Uses (a) Principal Permitted Uses as allowed in Land Use Table. (b) Conditional Uses: As allowed in the Land Use Table and subject to the provision of this chapter. 1. Such uses must be similar to principal uses permitted in the zone. 2. Such uses must be in harmony with the intent of the zone. (f) Review process Upon submittal of an application, the Planning Department shall schedule the application for review by the TSH Zoning District Review Board at the following appropriate meeting. The Board shall make a recommendation tegarding the permit application the Planning and Zoning Commission. The Board's recommendation shall be bared upon the development criteria in subsections (C) and (D) above and all other pertinent provisions of the Kenai Municipal Code. (g) Penalties: Penalties for non-compliance with this Chapter shall be as set forth by KMC 14.20.260 (Ord. 1132, 1240) (h) Definitions: 1. Alteration -Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure which requires a building permit. 2. Construction -The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property which requires a building permit. 3. Demolition -Any act or process that destroys in part or in whole a landmark or a structure within a historic district. 4. Certified Local Government -A local government "that has been certified to carry out the purposes of the National Historic Preservation Act". 5. Historic District -An area designated as a "historic district" by ordinance of the City Council which may contain within definable geographic boundaries one or more landmarks and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics TSH Zoning District - DRAFT January 11, 1993 Page 6 of the landmark or landmarks located within the historic district. 6. Historic Preservation -The act of adopting regulations and restrictions for the protection and preservation of places and areas of historical and cultural importance to the Kenai. 7. Landmark -A property or structure designated as a "landmark" by ordinance of the City Council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the city of Kenai. S. New Development -Any development which requires a building permit. 9. Reconstruction -The action of reconstructing. 10. Removal -Any relocation of a structure on its site or to another site. 11. Renovation -To restore to a former better state (as by repairing or rebuilding). 12. Siteplan-Schematic drawing complying with the development criteria of this chapter and drawn to scale showing proposed structure in relation to the site. C:\WP51\ROCS\TSNTASK\TSHDRAFT.GBK 3 CITY OF KENAI TOWNSITE HISTORIC TASK FORCE PROPOSED REZONE OF TOWNSITE HISTORIC DISTRICT It is the recommendation of the Townsite Historic Task Force that the geographical area of the City of Kenai to be zoned Townsite Historic (TI) be amended to include that area outlined by the accompanying plat. It is our opinion that this area would include the majority of the original village. By establishing the boundaries, as presented, it would identify an area which is large enough to develop a historic district but not so large that it becomes unmanageable or detrimental to commercial development in the remaining downtown commercial zones. CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ 93- A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED (RE:ZONING) (LAND USE PLAN AMENI>XBNT) SUBMITTED BY City of Kenai, 210 Fidalgo, Kenai, Alaska (Applicant) FOR (Legal Description) WHEREAS, the Commission finds the following: 1. The subject property is currently zoned Townsite Historic (TSH) 2. The present land use plan designation of the subject property is Historic Townsite 3. The proposed (ZONING DISTRICT) (LAND USE DESIGNATION) for the affected property is TSH & Central Commercial (CC) 4. An appropriate public hearing as required has been conducted by the Commission on 5. That the following additional facts have been found to exist: NOW, THEREFORE BE IT RESOLVED, by the Advisory Planning & Zoning Commission of the City of Kenai that the petitioned (REZONING) (LAND USE PLAN) is hereby recommended to the Kenai City Council. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska, this day of , 1993. CHAIRMAN ATTEST: Planning Secretary Suggested by: Planning and Zoning CITY OF XE AI ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL CITY OF KENAI ZONING MAP FOR CERTAIN LANDS DESCRIBED AS PORTION OF SECTION 5 & 6, T5N, R11W, TOWNSITE HISTORIC ZONE. WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai; and, WHEREAS, the Official City of Kenai Zoning Map depicts these lands as Townsite Historic (TSH), Conservation (C), and General Commercial (CG); and, WHEREAS, the City of Kenai desires to render the area with zoning designations which are compatible with present land use; and, WHEREAS, the proposed zoning designation is Central Commercial (CC), and Townsite Historic (TSH); and, WHEREAS, the Kenai Planning & Zoning Commission held a public hearing on and as a result of that public hearing recommend approval of the proposed amendment to the Central Commercial (CC), and Townsite Historic (TSH), zoning designations, as indicated on attached map. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Subject properties consisting of those lands depicted in Exhibit A described as Portion of Section 5 & 6, T5N, R11W, Townsite Historic (TSH), General Commercial (CG), and Conservation (C), are hereby amended to Central Commercial (CC), and Townsite Historic (TSH). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 1993. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk First Reading: Second Reading: Effective Date: � j�/T��•F� •` tit ' t � - r ),�. .Gf��'�' � '� x ' �Q% I pw"' �,*:, �7.� 1 ?? � r • � .a I • •71l" F✓ �L. �a � �� t 1r'" w gyp'.: `1`•, � �{�.; r.•�, ♦•• ,•t i.• M, • ti •G., t " _l`., .. III y •� 'y.. �,• � �,; •r•t, .� '1: r• ' `>��-! •••,t ;r, Jh. tit y~ � t - {Y'S � • •- apt .. .'� � • r •1i) y � � i1�� � �♦ 1► .. MU 7LAk po 9 M• In LL w �N �• ............. / r e......�_._ � � R� .Yes � I `C •� f"� �'1 ���Y��. r°'.. y�:� Suggested by: Planning and Zoning CITY OF KENAI ORDINANCE NO. 14 -93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KENAI MUNICIPAL CODE LAND USE TABLE BY ADDING TOWNSITE HISTORIC (TSH). WHEREAS, the Land Use Table of the KMC does not refer to permitted uses under the Townsite Historic Zone (TSH); and, WHEREAS, the City of Kenai Townsite Historic Task Force, recommends an addition to the the Kenai Municipal Code Land Use Table under Townsite Historic Zone (TSH); and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Land Use Table be amended to include the Townsite Historic Zone (TSH) zone as indicated in Exhibit "A". PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of 1993. ATTEST: Carol L. Freas, City Clerk JOHN J. WILLIAMS, MAYOR First Reading: Second Reading: Effective Date: I IET: P - Principol Permitted Use C e Cmwiitimnl Use S e Secondary use Table 1 of 3 ROTE: Reference footnotes on following pages for odditiersl restrictions. ZONM DISTRICT$ ; « LMAND E AND T CQ" II. >'H TSP TA3l„ ne Family Dwelting P P P P P P S Sr SE P Two Family Dwelling P P P P P P S P Three/Four Family Dwelling P P P S St Five/Six Family Dwelling C3 P P S S, Seven or More Family Dwelling C3 C3 P S Si C Townhouses 4 C C C Mobile Homes s Mobile Home Parks 6 C C Planned Unit Residential Development C C C COMMERCIAL - Automotive Sales P P P Automotive Service Stations P P P Banks P P Business/Consumer Services P P C Hotels/Motels P P C Professional Offices P P P P P S P Restaurants Ca P P C C Retail/Wholesale Business P P P P C C Thcatcrs/ Commercial I Rocreation P 1' P it S60-07/02/92 14-66 CITY OF FENAI C KEY: P - Principst Permitted the C - CwWitianst Use 5 - secondary Use Table 2 of 3 ROTE: Refererce footnotes an fottoring pages for edditierrl restrictiars. PUBLIC/ INSTPI"UTIONAL Charitable P P Institutions Churches Plo PTo PTo P10 P Clinics I P I P 4C Colleges C C I C C C Elementary Schools C C C C C Governmental Buildings C C C C High Schools C C C C C Hospitals C C C C C Libraries C12 P P P Museums P P P Parks and Recreation P S S S S S P P Public Facilities C C C P C Sanitariums C I C C C C S60-07/02/92 14-67 CITY OF KENAI 11 ICEY: P . Principal Permitted Use MOTE: Reference footnotes C - Conditional. Use on fottoring pews for S - Secondary Use addition restriction. Table 3 of 3 DWM. C "S C RA RRl' RS 'PSI RS2 RU CC CD 1L JH R.T LAND USES S H Anisna�l Banding 13 C _ C C ,W & B� C C C C C (Cabin ROMMIS C C Cemeteries C Crematories C C C C Day Care Centers tz C C C C C C C C Dorntitodes/ P St S C Boarding Houses Essentiat' Services P P P P P P P P P P P P P Pamtitig/Gardening/ P P P General Agriculture Greenhou/Tree C C C C C C Nurseries 13 Assernblages 15 C C C C C C (Large: Circuses, Fairs, etc.)ges/Frau Lodernal P P C Organizations Nursing, C C P P Convalescent or Rcst Homes Parking, Off -Street P P P P P P P P P P P P P Parking, Public C C C P Lots 12 Private Clubs P P P S C Radio/`IV P P P S Transmitters Recreational Vehicle C C C C C C C Parks Social Halls P I P C Subsurface Ext- C C C C C C C C C C C rtction of Natural Resources ib Surface fixtraction C C C C C C C C C C C of Natural Resources Ir Union Halls P P C S60.07/02/92 14-68 Cl,rY OF KENAI CITY OF KENAI TO'WNSITB HISTORIC TASK FORCE PROPOSED HIS" R10 DISTRICT PROJECTS As requested by the City Council of the City of Kenai, the Task Force has developed and hereby submit a list of projects the City may wish to consider for development and/or improvement within the Townsite Historic District. These proposals have not been ranked by level of importance. In addition, no analysis as to feasibility or cost has been considered. The list is intended for discussion and review purposes. 1. PARK DEVELOPMENT The area in old town which is surrounded by the streets named Overland, Mission and Upland, has been considered for a Historic Park. The area is mostly vacant land, made up of 24 individual lots which have different owners. Structures currently located in this area include: two fourplexes (at the northern edge); two single family dwellings (at the southwest corner); a shop (on the southwest corner); and a single family trailer (on the east side). The existing structures are located on the edge of the boundaries leaving an area which would serve well as a park setting. Included in this park would be trails, benches, lawn and various structures which are currently uninhabited and located throughout the community and surrounding areas. These structures representing log homes, shops, outbuildings (maybe an outhouse or two) would be relocated to this area to be renovated and maintained on a permanent basis. Responsibility for the renovation and maintenance would be with the. Townsite Historic District Board. The Board would also be responsible for surveying the area to locate such facilities, decide which would be selected to be moved to the park and what their permanent placement within the park would be. The City Council's involvement in this project would be to acquire the property, develop the park and provide the funding for necessary maintenance. 2. BEACH TRAIL Inlet Street is the only dedicated access to the beach from Old Town. This street begins at Alaska Street and follows down the bluff diagonally to Meeks Crossing. It has been closed for many years and has suffered from severe erosion. Our request is that Inlet Street be repaired to the level of a foot path to allow for foot traffic to and from Meeks Crossing. PROPOSED TOWNSITE HISTORIC PROJECTS Page 2 3. STREET IMPROVEMENTS Negotiations seem to be complete with the Russian Orthodox Church relating to the dedication of the land necessary within the Church grounds to construct a street in that area. We urge that this process including the necessary public hearings and other necessary land easement be obtained during the winter of 1993. With these procedural concerns complete, we urge that the street construction occur during the summer of 1993. 4. FISH AND WILDLIFE FACILITY Several years ago, the City was considering a trade of wetland properties with the Fish and Wildlife for their facility located on Overland Avenue. As the buildings currently existing on the Fish and Wildlife facility represent early Kenai construction, an effort should be made to retain them. We feel to resume discussions with the Fish and Wildlife to arrange a trade of their land holdings on Overland for wetland properties should be considered. S. BLUFF EROSION As we are all aware, the bluff overlooking the mouth of the Kenai river has continued to erode for many years. This problem has now resulted in the need to abandon residences and threatens others. In addition, an unpaved street is in jeopardy of being lost to erosion. We recommend that the City consider a permanent solution to the problem. Such a solution should involve a method of permanently eliminating the erosion problem in order to terminate the progressive loss of town site land to the river. 6. BEACH FRONT It appears that vehicle traffic on Kenai Avenue has increased in recent years to the detriment of the sand dunes on the south side of the avenue. The sand dunes are being destroyed as vehicles leave Kenai Avenue to drive over the dunes to the beach. In addition, significant amounts of trash (including empty liquor bottles) can regularly be seen along the avenue. As Kenai Avenue dead -ends at the mouth of the slough draining from the upland areas behind the City and serves no apparent purpose, we recommend the avenue be closed or upgraded and barricades be erected on both sides of the avenue to protect the natural habitat surrounding the avenue from damage caused by vehicles and foot traffic. In addition, if a decision to close the avenue is made, the land on which the avenue is constructed should be returned to its original appearance. PROPOSED TOWNSITE HISTORIC PROJECTS Page 3 This closure or upgrade would result in a reduction in the damage being done to the sand dunes and significantly reduce the litter and debris currently being deposited in the area. 7. BIGNAGE We recommend that the existing sign ordinance of the City of Kenai be modified to establish specific provision relation to the historic district. 6791 -1921 CITY OF 16V¢ � ��7&3 210 FIDALGO KENAI, ALAS!;;', TELEPHONE 203 - 7535 FAX 907.283-3014- February 16. 1993 To: I W.L. Robson, Public Works Director, K.P.B. From: Keith Kornelis, Public Works Director, City of Kenai (2— Subject: ISTEA - Mission SU=t Improvements For: KPB Assembly meeting of February 16, 1993 The City of Kenai would like to request funding for the Kenai Mission Street Improvement project using Intermodal Surface Transportation Act of 1991 (ISTEA) enhancement funds. The Mission Street Improvements project consists of improvements to Mission Street from Overland Avenue, past Fort Kenai, Russian Orthodox Rectory, Russian Orthodox Church, and other historical buildings to Alaska Avenue. The improvements include excavation, backfill, curb and gutter, paving, sidewalks, parking, water, sewer, surface drainage, landscaping, utility relocations, and others. The length of the project is approximately 800 feet. The project is perfect for the Transportation Enhancement Activities part of the ISTEA program. The Russian Orthodox Church is a national historic landmark and is listed in the National Historic Register. This project provides access to this and other historical buildings in the area. The sidewalks provide pedestrian access which is another enhancement category. This project provides a scenic view and landscaping which is also a category for enhancement projects. The estimated cost for this project is $250,000. The City of Kenai already has the preliminary design for this project and will complete the design after the final public hearings. The City would like the Kenai Peninsula Borough to seek funding for this project using ISTEA funds. KK/kv z -i ER cr-M -- - ------------- 4 .44= ,c6o"4"::,N IMO CCU .... ........ C"mA Lrld el,..m Lr)l . ............ 1 -��� ........ ......... ...... .. ....... .. j Cw cr% C5-5 C-- H=cs W.A=H -0 r-""Pl 7ow RJR "'o H= ,=„».. -44= 0-4 M� qm• 0 co F. —I CM ag FR NDCN cca C"— Ca N.Jcp . . . ........ C"41 ...... ..... r��] =D-u u-.H-'o UnW iJl ng���Ml 11-u' %] Q'* I"Il CP cr"v Am .w Iwl ICON r � �I n.l...0 cc., f ton =:I" bi-11 ........ .. ........... .. . .. ............... I--- - - ----- --- ---- 1=1 1:11S1,1111 C.12;11 ................. rT%", cclu The Honorable John Williams Mayor of Kenai Kmart Corporation nternational Headquarters 3100 West Big Beaver Road Troy MI 48084-3163 A - February 5, 1993 FEB 199, \ Ty Cu" Dear Mayor Williams,, Et-. Kmart Corporation is delighted to be opening our first Kmart store in the exciting Alaskan market. Paul Hueberm vice president of Kmart's West/Central Region, myself and some other colleagues are excited about making a trip to Kenai on March 10, expressly to meet with you. During our meeting, we look forward to talking about Kenai, Kmart Corporation and the exciting opportunities that our partnership presents. You will be receiving more information on the precise time and 1„pcation of our meeting, in the near future. I just wanted to take s opportunity to express our enthusiasm for this upcoming meeting. Sincerely, CL� Michelle DeLand Special, New Stor penings MD/ j ak KIM ALTERNATNE HIGH SCHOOL Kenai Peninsula Borough School District 11247 Frontage Road Kenai, Alaska 99611 (907) 283-7844 January 29, 1993 City of Kenai Ann: Mayor John Williams 210 Fidalgo Kenai, Alaska 99611 Dear Mayor Williams, C rt- ��BiLi 9t�% 011 co Our 1992-93 graduation date has been set for Tuesday, May 11, 1993. This year we will have between 20 to 25 students who have worked hard and successfully Meted the graduation requirements for the Kenai Peninsula Borough School District. Since we are a small school, we must ask our communities for financial support for our graduation commencement. In the past, we have had a small ceremony for our students, their family, friends and the community. We do try to have a little reception afterwards. If you are able to help us in any way, please send checks made payable to the Kenai Alternative High School at the address above. Thank You, Phyllis Ann Halstead, Secretary/Tutor 1791-1991 17---/ CITY OF KENI "Dd Oapdal q 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 293.7535 FAX 907.283-3014 119'• February 9, 1993 Representative Mike Navarre State of Alaska State Capitol, Room 521 Juneau, AK 99801-1182 RE: CAPITAL IMPROVEMENT PROJECT REQUESTS City of Kenai Thank you very much for taking the time to visit with me during my visit to Juneau last week. I appreciated the opportunity to visit with you and your staff to present you with the wishes of the Kenai City Council and the City of Kenai regarding capital works projects and other issues for the coming year. In our conversations, I indicated to you that I would send a follow-up letter including backup materials for those projects we had discussed. The number one priority request for the City of Kenai is a request for $2,700,000 for Thompson Park water and sewer main. As you recall, this is our second year of requesting funding for this project. The first year we had requested $1,800,000 for the installation of the trunk line from approximately the golf course on Lawton Drive to the very back of Thompson Park. That project was not fully funded, but we did receive $1,500,000 after the Governor cut the budget. However, we feel that we can proceed with the project on the basis of the funding available. The second segment, of course, is the entire installation of water and sewer mains within Thompson Park. That project cost is estimated at $2,700,000. I have included a memorandum from Public Works Director Keith Kornelis. The memorandum outlines the total cost breakdown of that project, including contingencies, design, inspection, surveying, and administration. Representative Mike Navarre February 9, 1993 Page 2 It is my understanding that $1,350,000 of the $2,700,000 has been inserted in the DEC budget. We are requesting that the remaining $1,350,000 of the 50/50 matching grant be taken from the district allocation and considered the City of Kenai's share of that funding. Additional enclosures are: a. City of Kenai Resolution No. 92-63, placing the request for Thompson Park water and sewer mains at the top of our priority request for the year. b. City of Kenai Resolution No. 91-67, which was the original request last year for the $1,800,000 and the $2,700,000 to follow. C. October 19, 1990 work session notice mailed to property owners of Thompson Park inviting their comments and testimony. d. City of Kenai Resolution No. 91-62, stating the results of a survey taken of Thompson Park property owners determining whether or not they want the water and sewer. The survey also determined the basis for which the 25% assessment of the water and sewer project would be created. e. A copy of the October 26, 1990 survey mailed to Thompson Park property owners. Hopefully, this information will help you in your determination of how to proceed to secure funding for this project. ECONOMIC DEVELOPMENT DISTRICT Also during our conversations, we discussed a $35,000 grant to the Kenai Peninsula Economic Development District. This grant would be used to secure a federal matching grant of an additional $210,000 and an Alaska Department of Commerce and Economic Development grant of $35,000, for a total amount of available funding to EDD of $280,000. This money would be used for a revolving loan fund for small businesses. We agreed, during our conversation, that it would be best to try and get $17,500 from each of the two senate districts discretionary funds, primarily Representative Mike Navarre February 9, 1993 Page 3 because the EDD does business boroughwide and participants in the revolving loan fund would come from all areas of the Borough. A copy of the February 1, 1993 EDD memorandum is enclosed. It is the same one that I left with you during our visit. Enclosed is a copy of the February 1, 1993 Oran J. Woolley (Wm. J. Nelson & Associates) letter which states the cost estimates to install water and sewer, roads, and utilities, to property donated to Habitat for Humanity by the Kenai Peninsula Borough. While this is not a priority issue of the City of Kenai, we are supportive of the efforts of Habitat for Humanity in their desire to build affordable homes for a limited number of people. Last year, the City of Kenai also donated land to this group. Habitat for Humanity would like to request a 50/50 grant be obtained in some manner or fashion and spread between the two senate districts because the recipients of these homes are chosen from all areas of the Borough and the property was donated Borough property. The best manner for handling this, if we are able to receive upwards of $�60,000 as a grant, would be in the manner of a pass -through grant to the City of Kenai (Habitat for Humanity, while a nationwide organization, has not yet been established for a full three years in the City of Kenai). Anything that you can do to help this most worthy organization would be greatly appreciated. KENAI COURTHOUSE PROJECT As you are aware, we are suffering a shortage of approximately $558,000 as a result of contaminated soils found at the start of the project which delayed construction. In discussing the matter with you, I indicated that it is necessary to seek temporary funding in some manner so as to pay the contractor's pending change orders. The contractors have completed the work and have billed the City for those amounts shown. At this time, there is no money in the budget to pay the contractors. During our discussions, I gave you assurances that the City of Kenai would use this money only as a loan pool until such time as monies from some type of settlement or litigation could be obtained from those responsible for the contamination. I wish to reiterate this part of our discussion and assure you that if we Representative Mike Navarre February 9, 199." Page 4 can obtain these funds, they will only be used until such time as we can replace them. We will sign any necessary agreements to rebate any funds forthcoming back to the state. I am not sure of the process that should be used in seeking this funding, but I would suggest, since it is of an immediate nature, that we either look toward a special appropriation in the supplement budget, or that we make some attempt to reappropriate some money from some other area. I am not sure which of these processes will work or which that you may be able to accomplish for us. The major problem we face is in trying to find $558,000 that can be used very soon because a delay until the beginning of the fiscal year of July 1 will put us over into August before any funds can be distributed. This means that the contractors now awaiting payment will have to wait many months before they can be paid. In granting the money, we had discussed whether to pass it through to the court system first, or to the City of Kenai. It really makes no difference in that both the City of Kenai and the Alaska Court System have had control of various amounts of funds. These include the original grant of $1,500,000, plus the loan proceeds from when the project began. Both the Alaska Court System and the City of Kenai must sign off on all claims and approve all funding so it really makes no difference which of us gets the money as long as one of us is able to obtain the funding. The City of Kenai thanks you in advance for all your efforts which you have and will be putting forth on behalf of the City of Kenai. If you require further information, please do not hesitate to contact this office. The information will be forwarded as soon as possible. Sincerely, CI.�Y OF KENAI r John J: Williams Mayor / JJW/c1f Enclosures LL- OFFICE OF THE GOVERNOR January 29, 1993 Mayor John J. Williams CITY OF: KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 Dear Mayor Williams: DIVISION OF E: ❑ F3egion I Elec` ,ores Office Region II Elec::ans Office ❑ Region III Elections Office ❑ Region IV Elections Office During the 1992 election year there were individuals within the City of Kenai office who contributed their time to making the State of Alaska Primary and General Elections successful. Often these people receive very little recognition for the hard work they put forth and the excellent job they do. This election year our office faced numerous challenges with reapportionment, the closed primary and record voter turnout. The Region II Election Staff would like to extend our sincere thanks and appreciation to Carol C. Freas and her personnel for their assistance with the reapportionment process, extensive contact with the general public both in person and by telephone and serving as an absentee voting'station. Thanks to these wonderful people that helped us, the 1992 elections were extremely successful. Sincerely, i Carol A. Thompson Acting Election Supervisor cc. Carol Freas, City of Kenai Clerk Lieutenant Governor Jack Coghill Charlot E. Thickstun, Director of Elections Pegion I Elections Office 240 Main street, 4th floor P.O. Box 110018 Juneau. Alaska 99811-0018 (907) 465.3021 A-5 (+Ise) Region II Elections Office Region III Elections Office 800 E. Dimond Boulevard, Suite 3-580 675 7th Avenue, Station H Anchorage, Alaska 99915-2045 Fairbanks, Alaska 99701-4594 (907) 522-MW (SO7) 451-2835 Region IV Elections Cffice Alaska State Office Duilding P.O. Box 577 Nome, Alaska 99762-0577 (907) 443.5285 y -6 John P. Vaughan c/o HOMER ELECTRIC ASSOCIATION, INC. P. O. Box 5280 Kenai, Alaska 99611 February 2, 1993 Mr. Keith Kornelis Public Works Director City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mr. Kornelis: 6tv „ A - 0I IygI S �GiGi 8w' This note is to follow up on a request I made to you and Mayor John Williams concerning trees for my Kenai River Bank Stabilization Project. What I would like is to be allowed to cut some of the smaller spruce trees from the proposed road right-of-way that borders Homer Electric's east fence (King Oscar side). It is my understanding the road is planned for development in the near future and the right-of-way will be cleared of trees at that time. I would selectively cut only the smaller trees in such a manner that they wouldn't be missed if the road development did not take place in the near future. Total number of trees would not exceed fifteen (15) and the size would be small enough to allow three men to manhandle (25 footers) . My permit to work the river bank expires this winter so waiting for the road project to develop will probably not work for me. Please run this request by your Council at the February 3rd meeting. Sinc rely, SJohn P. Vaughan Distribution Engineer JPV-BA INYQA1 UIQN ITEMS Kenai City Council Meeting of February 17, 1993 1. 2/3/93 Council Meeting "To Do" List. 2. 2/10/93 Kenai City Council Work Session Notes. 3. 2/9/93 C. Benediktsson, Alaska Court System, letter regarding Pay Estimate No. 8. 4. 2/93, The Greater Soldotna Chamber of Commerce, Your Chamber Today. 5. 2/28/93 Department of Public Safety letter regarding the establishment of capitol project matching grant programs. 6. 2/5/93 KK letter to Governor Hickel, Commissioners and Legislators regarding City of Kenai CIP List. 7. 2/93 Juneau Report article entitled, Economic Summit, New Strategies for the Revenue Decline. 8. 2/8/93, Nation's Cities Weekly article entitled, Clinton Signs Family and Medical Leave Act. 9. 2/8/93 Ashley Reed & Associates memorandum forwarding House Bills 102 and 134. 10. 2/9/92 Ashley Reed & Associates memorandum forwarding: Senate Bills 88, 89, 93 and 94; House Bills 124 & 125. rxe.� CLF - TO DO LIST Kenai City Council Meeting February 3, 1993 Include the requested purchase of a pickup truck in your budget for 93-94 and the request will be reviewed during budget work sessions. Send a letter to Kenai Peninsula Caucus informing them that the City of Kenai declines participation. Check on replacement of "1991" on "Welcome to Kenai" sign at Dust Bowl. CAB - Sign award for City for $98,252. RA$/LH- Add to Airport Commission Agenda discussion regarding no smoking at Airport. COUNCIL - See Attorney Graves regarding sign ordinance Board of Adjustment Hearing. f ' KENAI CITY CO CIL WORK 8=881 FEM "MRY 10, &2 3 KENAI COMMUNITY LIBRARY COWXRENCE ROOM 7:00 P.K. The work session began at approximately 7:00 p.m. in the conference room of the Kenai Community Library. Council present were Williams, Swarner, Smalley, Bookey and Monfor. Absent councilmembers were McComsey (sick) and Measles (out of town). Staff present were Freas, Graves, Brown, Howard, Kornelis, DeForest. Public present were Darryl Schaeffermeyer and Ethyl Claussen. To set criteria to evaluate applicants for the position of city manager. The criteria would include determining a point system, additional points of concern to address about each applicant, and how to make cuts. POIW SYSTEM: It was determined that a point system of 0-5 be used. Zero the lowest score and five the highest score for each criteria. CR TERIA: Monfor referred to the February 3, 1993 memorandum of Acting City Manager Brown. Monfor suggested that items 1(a) and 1(b) of the memorandum be used as criteria. 1) In the first reading of the resumes, make a conclusion as to basic qualifications of the applicant. These were set out in the detailed announcement attached. They were: (a) seven years of responsible management experience in a small or medium sized community with extensive personnel, budgetary, leadership, and communication skills; and (b) a minimum of a bachelor's degree in business, public administration, or a related field. No. 1 Criteria: Consensus reached: The first criteria be an absolute minimum of seven years of responsible supervisory management experience. The second criteria discussion followed. It was agreed that there should be a minimum of a bachelor's degree in business administration or related field. Discussion then developed as to what would be acceptable as a "related field." Williams asked if a retired military person who was in charge of a facility the size of Kenai would qualify as "related field." Smalley suggested it could relate. Swarner stated her first thought was KENAI CITY COUNCIL WORK SESSION FEBRUARY 10, 1993 PAGE 2 that the person needs to have a degree in Business Administration. Monfor stated information she learned at a seminar was that a person does not need a college degree -- some people are more successful without a college degree. No. 2 Criteria: Consensus reached: The second criteria be a minimum of a bachelor's degree. It was decided that a retired military person in charge of a facility the size of Kenai would probably have a degree. Smalley suggested the addition of a minimum of a BA or Bd from an accredited institution. Council agreed. Williams suggested more points could be assigned for higher degrees or double degrees. One point for the minimum and go up from there. No. 3 Criteria: Discussion of how "related fields" could accrue points. Each councilmembor will determine how many points they feel each applicant should be awarded for their related fields. These points will be discussed at the time of review with all councilmembors. PRESENTATION OF RESUME@: Brown suggested binders with a copy of all applications be distributed to all councilmembers. A table of contents would be included and the applications numbered. Notes could be made when reviewed. Williams suggested that the total number of applications be divided by seven; that amount of applications be placed in seven binders; each councilmember would receive a binder and would review those applications in that binder, making notes, etc. and then the binders would be traded to another councilmember until all councilmembers review all applications. Score sheets would be included for use by each reviewer. Work sessions: Work sessions will be set for reviewing the findings of the reviews. A time limit of two hours for each work session was set. Cuts: 50% cuts will be made at each work session until five finalists are determined. No. 4 Criteria: A consensus was reached that seven packets will be established with applications of the total number received divided by seven for coluncil's review. There will be sweeps at each work session, and making cuts of 50% each time. KENAI CITY COUNCIL WORK SESSION FEBRUARY 10, 1993 PAGE 3 Residency: Alaska residency was discussed. Councilmembers felt strongly that an applicant should be an Alaska resident. Graves suggested that it could be stated as M livant iesk►nstrates km MX0ft of Alosixe +se at, policios, etc." Council agreed. Years of Uperienee: Consensus was that years of experience be awarded points as: 7 years - 0 and another point be awarded for each year of experience thereafter, up to five points. Question asked: Does an applicant with assistant city manager or other department head experience be awarded points the same as an applicant who was a city manager. Smalley stated he would like to split those applicants out giving points for experience as a city manager or acting city manager and other points for other city department personnel, i.e. 0-5 points for city manager, 0-5 points for acting city manager and 0-5 points for public works director (as an example). Smalley added, the points should be awarded with what is the best interest of the city. Williams added that brings a philosophical question of whether a city manager of a large city be awarded more points than ar cite manager of a smaller city. Brown stated that in his February 3, 1993 memorandum, referred to previously in the discussions, paragraph l(a) states seven years of experience of a small or medium sized community. This was part of the information sent to applicants. Brown asked if council is looking for someone that was/is a city manager. Monfor stated she did not know if she would prefer someone with city manager experience or political background. Monfor suggested that they wait until they see the resumes. Smalley stated he would prefer that criteria be set now. Swarner stated she likes Brown's suggestion for awarding points for department heads, etc. Consensus: If the applicant is not a city manager, the applicant receives 0; if the applicant has city manager experience, they receive up to five points. 0-5 as to 'hex experienced each councilmemiber believes the applicant is. It will be a judgment call by each coonvilMoMber. iGroater weight will be given to city manager experience versus department head experience. KENAI CITY COUNCIL WORK SESSION FEBRUARY 10, 1993 PAGE 4 Williams asked if the applicant should be able to demonstrate knowledge of the federal level. Smalley stated he would prefer legislative experience -- more state than federal. Consensus: Legislative eMorience. Smalley stated he believes thence will he a number of applicants with legislative experience. Williams awaked if experience with public housing should be considered. Smalley.stated maybe as a subsidiary. Williams asked if more points should be given for acknowledgements of recognition of work as a city manager (awards, etc.). Smalley stated no. Monfor stated some, if they are legitimate. Smalley stated he would have a hard time giving points for awards, however, maybe at the bottom of the list and giving little weight. Monfor stated that if the person's city received an All-Aimerica Cif4y award within the last five years, she would give a lot of credence. Discussion followed regarding points for a city manager versus an assistant city manager. Also discussed was points for an applicant from a third-class city versus a first class city. Monfor stated the amount of information forwarded in a resume will depend upon what resume school they use. Some will be longer, some shorter. Monfor was concerned that perhaps not all the information council hopes to get from a resume will not be on the resume. Williams suggested that upon review, if council wishes to get more information from an applicant, they can contact them and request additional information. Community affairs i Civics Groups: Amount of points = 0 to 5. Monfor asked how questions can be asked of an applicant in regard to sex crimos, etc. Graves suggested that the applicant be asked if he/she has been convicted of a crime. Williams asked about waivers being signed to have background checks done on applicants. Graves suggested that only the final five to ten be requested to sign waivers. Smalley asked if a waiver could be faxed. Graves stated he would want a signed original in hand. Economic Development: Williams asked if council would want to give points for experience in economic development. Consensus: Yes, 0 to S. KENAI CITY COUNCIL WORK SESSION FEBRUARY 10, 1993 PAGE 5 Brown suggested that the criteria list not include things that can be asked later. Specific items will, most likely, be included in the resume. Graves asked if things like civic activities should be rated as high as city manager experience? Graves suggested community affair information be used later in the reviews. Williams stated that he would like someone that will take an active part in the community. A public relation -type person. Smalley asked if acknowledgements and recognition information be placed at the bottom. Williams suggested they stop here and then when down to the final reviews, meet again and set up questions to ask and then add civic groups, etc. Graves stated that how the applicant relates to the community can be asked during the background check. Monfor stated she feels comfortoble with that. Smalley asked how a spread sheet will be devised to know how applicants scored. Williams stated that Administration will take the score sheets, add them up, and report back to council. Smalley suggested then another packet be forwarded to council of the finalists. Brown suggested that the first scoring be done using items 1(a) and 1(b) of his memorandum and then what is left, do the rest of the scoring. Howard stated there are some resumes coming in that do not have either of those items. Gleason G Associates, Inc. Smalley asked what response should be given to Gleason & Associates. Williams and Bookey stated no; Monfor stated to wait; and Smalley stated it is council's responsibility. Monfor stated council should give a lot of thought to traveling money and who will go to do background checks from where the applicants are now residing. Consensus was that it should be someone from council. Monfor stated that Graves will know how and what to ask. Monfor suggested that they check friends, employee, peers, etc. Graves cautioned that if two councilmembers travel together, it may be perceived as a violation of the Open Meetings Act. Monfor 7 suggested that it be a c�ouncilmember and staff member or a councilmember alone. Williams stated he would be willing to take it to court if two members traveling together would be KENAI CITY COUNCIL WORK SESSION FEBRUARY 10, 1993 PAGE 6 challenged. Monfor stated she would not want one councilmember to go alone. The same questions should be asked to the same kind of people. Graves stated that if two councilmembers travel together, they will be doing public business. Williams suggested that councilmembers will have to be more blunt and direct during council meetings with regard to issue of the Open Meetings Act. Smalley suggested that Graves check the law in regard to the Open Meetings Act and produce an opinion. There was continued discussion regarding the Open Meetings Act. Questions were raised about council traveling to Juneau to AML, etc. Williams suggested that they would travel to only two applicants. Monfor suggested that fourteen -day tickets be purchased. Swarner asked about paying for a spouses' travel to Kenai. Monfor suggested the applicant pay for their spouses' travel. Kornelis stated he first interviewed applicants for the building inspector position by telephone conference call first. He used a list of questions and then decided who to ask to travel to Kenai. Monfor suggested that council could do an interview with the last third and pick three to five finalists from there. Then travel. Kathy Scott stated her experience in Homer during a city manager search. Scott stated they had interview questions from commissioners in order that other input would be used. The commissioners devised questions and forwarded them to the council. This also incorporated citizen involvement. The finalist interviews were on site and during an open meeting. The trust level was much better. Scott also stated that it is important to remember that how much time taken between receiving applications and setting up interviews. If an applicant is very good, they will be looking for other positions as well and could be hired. Smalley asked again how many applicants does council want to bring to Kenai. Swarner asked again about spouse travel. Smalley stated he did not object to paying for three finalists to travel to Kenai. Three would give options. Money well spent. Swarner suggested 14-day tickets be purchased. Monfor stated that during the school district superintendent search, the applicants stayed in hotels and did not meet any of the school KENAI CITY COUNCIL WORK SESSION FEBRUARY 10, 1993 PAGE 7 board until the actual interview. They first had a closed interview with the school board and then one in an open meeting in order that there was community access. How many personal interviews will be determined after the third cut. At that time whether to pay for a candidate's spouse will be determined as well. It was suggested that telephonic interviews be given to five finalists. Scott stated that the biggest flaw Homer's council had was that they did not go far enough in the background check. (They did the background checks themselves.) Monfor stated they must live inside the City of Kenai. Graves stated that is in the Code. Work Session: A work session was set for March 22, 1993 from 7:00 p.m. - 9:00 p.m. in the Library conference room. Freas will advertise the work session. Public copies of applications: One complete volume of all applications will be available at city hall for public review. That copy will be taken to work sessions as well to be shared by the public. Council will receive copies and Howard will keep the original applications. The work session ended at approximately 8:45 p.m. Notes transcribed by: Carol L. Freas, City Clerk {E-09-1993 13:26 FROM ACS DEPUTY DIRECTOR TO 29330. r ' Fn ���n nn peceive-d city 0i Onci Public N'nrks Uept ems 301'tE KTSBON CO v G 's?',1 TF de Zf ••-- ,;kIaska (Evurt Slgstczn o$tate of tc Roka OFFICE OF ADMINISTRATIVE DIRECTOR Mr. Keith Kornelis Public Works Director City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mr. Kornelis: 303 K Street kchomge, AINIM NWI February 9, 1993 Attached you will find Pay Estimate Number 8, executed in the previous format. The new format which you submitted indicates that these costs are "eligible project costs". As we have previously stated, any project costs related to the failure of the city to provide contaminant -free land are the responsibility of the city. In approving pay estimates, funds are merely being advanced to the city pending a resolution of this dispute, so that the project does not come to a halt. Any approvals of pay requests are subject to the court system's reservation of rights to recover project costs that are a result of the city's breach of Warranty. Please call if I can provide any further information. Sincer y, Chris Benediktsson cc: Chris Christensen J Bob Fisher YOUR CHAMBER TO Ell Newsletter of The Greater Soldotna Chamber of Commerce ............. Volume 6 Issue 2......... February 1993 DIRECTORY UPDATE The Chamber is preparing information for the publication of our 1 9 9 3 Business Directory. Letters will be sent within the next few weeks containing instructions pertinent to updating our directory. Remember to return your form by the specified deadline to insure accurateness. As in the past, members are given one primary category free of charge, vr:th additional categories offered at $5.00 per listing. You are Cordially Invited to A.tte�-the Greater s dotnd. 4. Mr. r C/ Chamber of Comr � e;'r- .. Annual Awards Banqu e= _' Fr day, February 19,1993 Central Peninsufa Sports Center No -.Cost Cocktails 6:30 p.m. Dinner 7:30 p.m. ?clots - $15. 00 per person Available one week, in advance at the Chamber office or at the door Come and Enjoy an Evening of Special Awards and Dinner Theatre Entertainment Provided by the Kenai PeninsuCa Performers S O LD OTNA. CHAMBER OA D ACTIONS Aoaro�. ec sponsorsh c and f-2 r the "Success Now" orcgram at Soldotna j High School Approved funding for participation in the ORG (World Travel File) through the Kenai Peninsula Tourism Marketing Council Appointed members Kurt Eriksson (National Bank of Alaska), Frank Fiala (Lake Clark National Park and Preserve) and Steve Horn (Steve Horn Co.) to a 1-year term on the Board of Directors for 1993 ` Nominated and elected Kurt Eriksson as Vice President and Betty Harris as Secretary/Treasurer for 19G3 ` Approved funding for participation in the Great Alaskan Sportsman Show CINDY COCKROF T NAMED EMPLOYEE OF THE MONTH Cindy Cockroft, a receptionist for Freedom Realty, was honored as the January Employee of the Month. Freedom Realty Office Manager, Esther Chambers, presented the Certificate of Award at our luncheon meeting held on the 19th. Cindy was cited for handling the front desk with calm, friendly ease regardless of the hectic pace around her, or the many personalities she comes in contact with. Cindy has a varied job with many duties, which she is able to handle with great flexibility and attitude. Those who work in the office state that because of her, the rest of the staff can better do their jobs. Congratulations Cindy on your exceptional performance! JANUARY STUDENTS OF THE MONTH RECOGNIZED The Outstanding Students of the Month for January were re--7?nt'v reccgnized at a Chamber luncheon. Our congratulations to Justin Montaqu;. from Soldotna Junior High, Toni Endsley from Skyview High School, and Virginia Harvey at Soldotna High School. Keep up the good work! MEMBER ANNOUNCEMENTS The Finer Point invites all members to their Open House for the new Gift Gallery on February 13th from 10:00 a.m. 13:00 p.m. Many special items will be featured that are "Handmade in Alaska". The Finer Point is located on Binkley Street in Soldotna. The Alaska Young Women Scholarship Program will present their state finals on Saturday, February 20, 1993 beginning at 8:00 p.m. in the Soldotna High School Auditorium. Cost to attend is $10.00/adults and $8.00 for students/seniors. For more information contact Connie at 262-4435. CHAMBER OFFERS MANY MEMBER BENEFITS Are you taking advantage of the many benefits offered to Chamber members? There are several ways to make your investment work for you. Monthly Newsletter - Members are invited to submit announcements or items for inclusion on our Calendar of Events. This is a free service and can help in spreading the word about your special activities or programs. In addition, members may provide fliers for insertion in the Newsletter. Your first insert is free, and subsequent inserts are just $30.00 a month. Members must provide 450 copies to the Chamber office no later than the 25th of the preceding month. Up to 5 inserts per month can be accepted. Brochure Display - We have brochure racks conveniently located in the Chamber office. Members may provide up to 300 brochures at a time for distribution. When your supply runs low, you will be contacted to restock. Brochures must be of standard size to fit the rack and one slot is allocated per membership. Thousands of visitors and residents come by every year and this provides an excellent opportunity to showcase your products and services. There is no cost for members to display brochures. VIP Subscription Service - Each month people write or call the office for information about Soldotna and our recreational opportunities. For just $30.00 a year you can receive copies of these visitor inquiries in order to direct mail your own promotional materials. Names and addresses are formatted for copying onto labels and coded. Lists are mailed once or twice per month to members who subscribe to this program. The Chamber provides many additional member benefits and services. To find out more, just call the office at 262-9814. FEBRUARY CHAMBER LUNCHEON C,A LENDAR TUESDAY C NOON, TIDES INN Feb-iary 02 Fred Zsposito, Director, KPBSD Vocational Education Dept. February 09 Kathy Scott, Project Manager, Health Care Advisory Council February 16 Alaska Young Women, Meet the 18 Contestants February 23 Carol Smith & Donna Prigmore, American Heart Association, Heart at Work Program GREATER SOLDOTNA CHAMBER OF COMMERCE PO BOX 236 Soldotna, AK 99669 (907) 262.9814 City of Kenai/John Williams 210 Fidalgo Kenai AK 99611 BULK RATE U.S. Postage PAID Permit No 5 Soldotna, AK 99669 1993 BOARD OF DIRECTORS President John Torgerson................... Electrotek (RadioShack)........... 262-6192 Vice -President Kurt Eriksson....................... National Bank of Alaska............. 262-4435 Secretary/Treasurer Betty Harris ......................... J &B Stor'N Lok....................... 262-4771 Past President Ginger Steffy ....................... Kenai Peninsula College.......... 262-5801 Mavis Blazy......................... Blazy's Rentals/B & B ............... 262-4591 Joyce Bocksnick.................. Insurance Connection.............. 262-2515 Roger Byeriy....................... Angler's Lodge & Fish Camp..... 262-1747 Frank Fiala .......................... Lake Clark National Park........... 283-5855 Steve Horn .......................... Steve Horn Company............... 262-1831 Ken Lancaster Jr .................. A -Point of View Realty.............. 262-7006 Mike Sweeney ..................... Sweeney's Clothing................ 262-5916 Jay Weimar .......................... Peninsula Clarion..................... 283-7551 Executive Director Cathy M. Clark ................. S; Id.' a Chamber................... 262-9814 Office Assistant Susan L. Hensler Bookkeeper Loretta M. Lunn o •a Cf R " t� V) DEPARTMENT OF PUBLIC SAFETY COUNCIL ON DOMESTIC VIOLENCEAND SEXUAL ASSAULT WALTER J. HIC, o 4 P.O. BOX 111200 JUNEAU, ALASKA 99611-1200 PHONE: (907) 465-4356 OFFICE ADDRESS: 450 WHITTIER ST January 28, 1993 1993 John Williams, Mayor City of Kenai ��`'�lectc�'�CN 210 Fidalgo Kenai, AK 99611 Dear M illiams• Please find enclosed a copy of draft bill establishing capitol project matching grant programs for municipalities and unincorporated communities. Thank you for your input. It was good to talk to you and find you well. Say hello to Sharon for me. Sincerely, Joan7FLopezExerector 12-L16LH A O Q WALTER J. HICKEL, GOVERNOR U u DEPARTMENT OF LAW PO. BOX K-STArE CAPITOL JUNEAU. ALASKA 99811-0300 / PHONE. (902) 465,MW OFFICE OF THE ATTORNEY GENERAL FAX.• (907) 463-SM January 26, 1993 M E M Q R A N D U M TO: Honorable Walter J. Hickel Governor FROM: Charles E. Cole Attorney General RE: Attached draft bill providing for capital project matching grant programs and for local share requirements for other capital project grants Our file: 773-93-0018 As requested by your legislative liaison, Kris Lethin, attached is a draft bill establishing (1) capital project matching grant prc.-:ams for municipalities and unincorporated communities, and (2) local share requirements for other capital project grants to municipalities, named grant recipients, and unincorporated communities. The bill is similar to Senate Bill No. 141, which was introduced at your request in 1991 (SB 141 remained in House Finance Committee at adjournment of the 1992 session). That bill, however, addressed -only the capital project matching grant programs. The 'attached bill also would establish local share requirements for other capital project grants to municipalities, named recipients, and unincorporated communities. Thus, the net effect of the bill is that all capital project grants to municipalities, named recipients and unincorporated communities, whether funded through the applicable new matching grant program or through the existing provisions of AS 37.05.315 - 37.05.317 as amended by the bill, would be subject to local financial match requirements. It is intended that the new matching grant programs would be used for relatively small capital projects proposed by municipalities and unincorporated communities under a more orderly planning process, and that the local share requirements would apply to generally larger capital projects, currently funded through grants made under AS 37.05.315 - 37.05.317, undertaken by ,i.rllli N Hon. ivalter J. H' ke , Governor Our f:le. 773-93-. -:.. January 26, 1993 Page 2 municipalities, named recipients, and unincorporated communities. The two main objectives of the proposed local participation requirements are to (1) encourage a sense of local ownership in capital projects, and (2) leverage the use of state money in the financing of capital projects. A draft transmittal letter to the legislature describing the bill in more detail, is attached for your review. Also, a section -by -section description of the bill is being prepared by your Office of Management and Budget. If you approve the bill for introduction, we will prepare it in final form. Into which house should the bill be introduced? CEC:BJB:cp Distribution by Governor's Legislative Office: Pat Ryan, Chief of Staff Office of the Governor Han. Nancy Bear Usera, Comm'r Dept. of Administration Hon. Edgar Blatchford, Comm'r Dept. of Community and Regional Affairs Commissioners of all other departments Shelby Stastny, Director Office of Management and Budget Office of the Governor Q?_kFT TRANSMITTAL LETTER In accordance with art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill establishing capital project matching grant programs for municipalities and unincorporated communities, and establishing local share requirements for other capital project grants to municipalities, named recipients, and unincorporated communities. The capital project matching grant programs and the local share requirements for other capital project grants have two main objectives. One objective is to encourage a sense of local ownership in capital projects by requiring municipalities, unincorporated communities, and named grant recipients to participate financially in them. This local participation will help grantees to determine their highest priorities and help ensure that only the most important and cost-effective projects are undertaken. The second objective is to leverage the use of state money in the financing of capital projects, which will be a particularly important policy to adopt given the expected decline of state revenue in the future. In addition, the new capital project matching grant programs for municipalities and unincorporated communities provide an orderly and thoughtful planning and review process that involves local communities, the executive branch, and the legislature. There is a distinction between the new capital project matching 1 grant programs and the new local share requirements for other capital project grants. It is intended that the new matching grant programs be used for relatively small capital projects proposed by municipalities and unincorporated communities, and that the new local match requirements for municipalities, named recipients, and unincorporated communities apply to other types of larger capital projects funded through grants made under AS 37.05.315 - 37.05.317. The focus of this bill is the proposed new capital project matching grant programs in AS 37.06. Much like a block grant program, these programs would establish two funds (one with individual accounts for all municipalities and one with individual accounts for all unincorporated communities participating in the state's revenue - sharing prograW, from which small-scale capital projects can be funded by project -specific appropriations. The projects would be selected and prioritized at the local level, well before each year' s legislative session, and a prioritized proiect submitted to the governor for inclusion in the capital improvements program. The governor would provide the legislature with reasons for any differences between the local list and the capital improvements program submitted to the legislature. In each case, the projects funded by the appropriations would be subject to local financial match requirements, including allowances for in -kind matching contributions. In addition, under the bill the same local match requirements and in -kind allowances would be extended to all grants currently made to municipalities, named recipients, and 2 unincorporated communities under AS 37.05.315 - 37.05.317. My Office of Management and Budget has prepared a section -by - section description of the bill which is available for your review. �j sty The net effect of the bill is that all capital project grants to municipalities, named recipients, and unincorporated communities would be subject to local financial match requirements, regardless of whether they are funded through the capital project matching grant programs established by this bill or under the existing provisions of AS 37.05.315 - 37.05.317 as amended by this bill. This bill is important because it expands the role of local communities in determining the capital improvements and capital projects that will best suit their local needs. It is also important because of the precedent it sets in requiring a local stake in capital projects and because it allows limited state financial resources to support a greater number- of needed capital projects than otherwise would be possible. For all of these reasons, I seek and encourage your support for this bill. Sincerely, K Walter J. Hickel Governor DEPARTMENT OF LAW DRAFT DRAFT BILL NO. IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY THE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: Referred: A BILL FOR AN ACT ENTITLED 8-GO 1/26/93 1 "An Act relating to grants to municipalities, named recipients, and unincorporated 2 communities; establishing capital project matching grant programs for municipalities 3 and unincorporated communities; establishing a local share requirement for capital 4 project grants to municipalities, named recipients, and unincorporated communities; 5 and providing for an effective date." 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7 * Section 1. PURPOSE. (a) The legislature recognizes the continued need for state- 8 funded capital projects (1) that are of regional or statewide significance, (2) that meet basic 9 needs, such as educational facility projects constructed under AS 14.11 and village safe water 10 projects, or (3) for which costs will exceed the amount available to a municipality or a 11 community under the capital project matching grant program. The legislature also recognizes 12 the continued need for legislatively directed funding of other capital projects. 13 (b) It is the purpose of this Act to -I- New Texc Underlined (DELETED TEXT BRACKETED] DEPARTMENT OF LAW DRAFT DRAFT 1 (1) provide a capital project funding system that is equitable to municipalities, 2 unincorporated communities, and named grant recipients throughout the state; 3 (2) enhance the role of communities in initiating and prioritizing the 4 construction of capital projects; 5 (3) encourage a sense of local ownership in capital projects by requiring local 6 participation in the funding of those projects; and 7 (4) improve the process for making grants for capital projects by providing a 8 more orderly and thoughtful planning process that involves the local community, the executive 9 branch, and the legislature. 10 * Sec. 2. AS 36.10.180(a) is amended to read: 11 (a) The preferences established in AS 36.10.150 - 36.10.175 apply to work 12 performed 13 (1) under a contract for construction, repair, preliminary surveys, 14 engineering studies, consulting, maintenance work, or any other retention of services 15 necessary to complete a given project that is let by the state or an agency of the state, 16 a department, office, state board, commission, public corporation, or other 17 organizational unit of or created under the executive, legislative, or judicial branch of 18 state government, including the University of Alaska and the Alaska Railroad 19 Corporation, or by a political subdivision of the state including a regional school board 20 with respect to an educational facility under AS 14.11.020; 21 (2) on a public works project under a grant to a municipality under 22 AS 37.05.315 or AS 37.06.010; 23 (3) on a public works project under a grant to a named recipient under 24 AS 37.05.316; 25 (4) on a public works project under a grant to an unincorporated 26 community under AS 37.05.317 or AS 37.06.020: and 27 (5) on any other public works project or construction project that is 28 funded in whole or in part by state money. 29 * Sec. 3. AS 37.05.315(a) is amended to read: 30 (a) When an amount is appropriated or allocated as a grant to a municipality, 31 the Department of Administration shall promptly notify the municipality of the .2. New -exc Underlined (DELETED TEXT BRACKETED] DEPARTMENT OF LAW DRAFT DRAFT 1 availability of the grant. When the Department of Administration receives an 2 agre.-m2nt .executed by the municipality which ^v d s that the municipality (1) will 3 spend the grant for the purposes specified in the appropriation or allocation; (2) will 4 allow, on request, an audit by the state of the uses made of the grant; and (3) assures 5 that, to the extent consistent with the purpose of the appropriation or allocation, the 6 facilities and services provided with the grant will be available for the use of the 7 general public, the Department of Administration shall pay the grant directly to the 8 municipality. The agreement executed by a municipality under this section shall be 9 on a form furnished by the Department of Administration and shall be executed within 10 60 days after the effective date of the appropriation or allocation. As provided in 11 AS 37.06i030, for each gMt to a mutnici a�'tv r this section for a capital 12 miect, as defined in AS 37.07.120, the munidpli v shall contribute a local share 13 of the cgt of the cooM project for which the s`rant is made. 14 * Sec. 4. AS 37.05.316(a) is amended to read: 15 (a) When an amount is appropriated or allocated to a department as a grant for 16 a named recipient that is not a municipality, the department to which. the appropriation 17 or allocation is made shall promptly notify the named recipient of the availability of 18 the grant and request the named recipient to submit a proposal to provide the goods 19 or services specified in the appropriation act for which the appropriation or allocation 20 is made. At the same time, the department may issue a request for proposals from 21 other qualified persons to provide the same goods or services in the same area. The 22 department shall award the grant to the named recipient unless the Office of the 23 Governor, with due regard for the local expertise or experience of those malting 24 proposals, determines that an award to a different party would better serve the public 25 interest. If the grant is awarded to a party other than that named by the legislature, 26 the basis of that action shall be stated in writing at the time the grant is issued and a 27 copy of the written statement shall be sent to the Legislative Budget and Audit 28 Committee. A grant agreement must be executed within 60 days after the effective 29 date of the appropriation or allocation. As provided in AS 37.06.030. for each grant 30 made under this section for a capital project, as defined in AS 37.07.120, the 31 named grant recipient shall contribute a local share of the cost of the capital -3. New Texc Underlined (DELETED TEXT BRACXETEDI DEPARTMENT OF LAW DRAFT DRAFT 1 project for whit th-e grant is naede. 2 * Sec. 5. AS 37.05.317(a) -...nended to read: 3 (a) When an amount is appropriated or allocated as a grant under this section 4 to an unincorporated community, it shall be disbursed as follows: 5 (1) Within 45 days after the effective date of the appropriation or 6 allocation, the Department of Community and Regional Affairs shall notify the 7 governing body of the unincorporated community, if any, that a grant is available. 8 (2) The Department of Community and Regional Affairs shall 9 determine if there is a qualified incorporated entity in the community area that will 10 agree to receive the grant and administer it, subject to terms generally applicable to 11 private grantees. If there is more than one such entity, the Department of Community 12 and Regional Affairs shall select the most qualified and the grant shall be awarded to 13 that incorporated entity for the purposes speed in the appropriation act. However, 14 the Department of Community and Regional Affairs shall give preference to a 15 nonprofit corporation organized by a community for receipt of the grant. 16 (3) If there is no incorporated entity qualified to receive the grant, the 17 grant may not be awarded [DEPARTMENT OF COMMUNTTY AND REGIONAL 18 AFFAIRS SHALL ADMINISTER THE PROGRAM AS SPECIFIED IN THE 19 APPROPRIATION ACT DIRECTLY OR THROUGH AGENTS OR CONTRACTORS 20 WITH WHOM IT MAY CONTRACT IN THE COMMUNITY AREA]. 21 * Sec. 6. AS 37.05.317 is amended by adding a new subsection to read: 22 (c) As provided in AS 37.06.030, for each grant to an unincorporated 23 community under this section for a capital project, as defined in AS 37.07.120, the 24 incorporated entity to whom the grant is awarded shall contribute a local share of the 25 cost of the capital project for which the grant is made. 26 * Sec. 7. AS 37.05.318 is repealed and reenacted to read: 27 Sec. 37.05.318. ADOPTION OF REGULATIONS. (a) The Department of 28 Administration for grants under AS 37.05.315, the Department of Community and 29 Regional Affairs for giants under AS 37.05.317, and a department that administers a 30 grant under AS 37.05.316 31 (1) may adopt regulations that impose additional requirements or .4- New 'Text Underlined [DELETED TEXT BRACKETED] DEPARTMENT OF LAW DRAFT DRAFT 1 procedures to implement, interpret, make specific, or otherwise carry out the applicable 2 provisions -f '. S 37.05.315 - 37.05.317 for ?rants administered by the department; 3 (2) shall adopt regulations providing for periodic audits of the use of 4 money for grants administered by the department, including audit of the department's 5 determination of the value of, and adequacy of the verification of the actual use of, 6 locally funded or contributed labor under AS 37.06.030 on capital projects funded 7 under AS 37.05.315 - 37.05.317. 8 * Sec. 8. AS 37 is amended by adding a new chapter to read: 9 CHAPTER 06. CAPITAL PROJECT MATCHING GRANT PROGRAMS. 10 Sec. 37.06.010. MUNICIPAL CAPITAL PROJECT MATCHING GRANT 11 PROGRAM. (a) The municipal capital project matching grant program is established 12 in the department. Grants to municipalities under this program shall be administered 13 as provided in this section. 14 (b) The municipal capital project matching grant fund is established in the 15 department and consists of appropriations to the fund Appropriations to the fund do 16 not lapse except as provided in (f) of this section. The money in the fund is held by 17 the department in custody under this subsection for each municipality. The department 18 shall establish, for each municipality, an individual grant account within the fund. As 19 provided in this subsection, each fiscal year the department shall allocate, to the 20 individual grant accounts, appropriations to the fund. Th_ a dep�ar�lent-saaell credit 21 interest earned on money in an individual grant account to that account. Except as 22 provided in (c) of this section, the amount allocated under this subsection to an 23 individual grant account in a fiscal year is determined by multiplying the total amount 24 appropriated to the fund during that fiscal year by a fraction, 25 Gl (1) the numerator of which equals 26 (A) for a municipality with a population under 1,000, the 27 amount equal to that population multiplied by 1.5; 28 (B) for a municipality with a population of at least 1,000 but 29 less than .5,000, the amount equal to that population multiplied by 1.4; 30 (C) for a municipality with a population of at least 5,000 but 31 not greater than 10,000, the amount equal to that population multiplied by 1.2; -5- New 'Text Underlined [DELETED TEXT BRACKETED] DEPARTMENT OF LAW DRAFT DRAFT 1 (D) for a municipality with a population of over 10,000, the 2 amount ecn► ro -',at population; and j`7r��' _�_,� ` � 3 (2) the denominator of which equals the sum of the numerators 4 calculated for all municipalities under (1)(A) - (D) of this subsection. 5 (c) A minimum of $25,000 shall be allocated to each municipality's individual 6 grant account each fiscal year under (b) of this section. The department shall reduce 7 allocations under (b) of this section on a pro rats basis, based upon the population of 8 the municipalities, if necessary to fund the minimum amount for each municipality. 9 If appropriations are not sufficient to fully fund the minimum amount for each 10 municipality, the amount appropriated shall be allocated equally among the 11 municipality individual grant accounts. 12 (d) By October 1 of each fiscal year, each municipality shall subunit to the 13 governor a prioritized list of capital projects and estimated costs to be financed with 14 money from the municipality's individual grant account established under (b) of this 15 section. The list must include the amount and source of the local share required by 16 AS 37.06.030. The governor shall include in the capital improvements program 17 presented to the legislature under AS 37.07.060 the projects submitted by each 18 municipality that the governor recommends for funding. If, in the capital 19 improvements program, the governor includes projects in other than the priority order 20 submitted by a municipality, the governor shall provide the legislature with a written 21 statement of the reasons for that action. 22 (e) The legislature may make appropriations, from a municipality's individual 23 grant account established under (b) of this section, to the municipality for capital 24 projects under this section. Subject to appropriations under this subsection and to the 25 local share requirements of AS 37.06.030, each municipality may draw amounts from 26 its individual grant account for planning, design, and construction of a capital project, 27 in accordance with an appropriation for that project. In accepting a draw, the 28 municipality covenants with the state that it will operate and maintain the capital 29 project for which the draw is used for the practical life of the project, and that the 30 municipality will not rely on the state to operate or maintain the capital project or pay 31 for its operation or maintenance. This requirement does not apply to use of money .6- New Text Underlined [DELETED TEXT BRACKETED] DEPARTMENT OF LAW DRAFT DRAFT 1 from a draw for repair or improvement of an existing facility that is operated or 2 maintained by the state at the time that the draw is made if the repair or improvement 3 for which the draw is used will not substantially increase the operating or maintenance 4 costs to the state. The municipality, and its agents, contractors, and subcontractors 5 shall comply with the hiring preferences under AS 36.10 in hiring employees to be 6 paid wholly or in part with money from a draw. 7 (f) A municipality shall repay to the department money drawn from its 8 individual grant account if substantial, ongoing work on the capital project is not 9 started within five years after the effective date of the appropriation from which the 10 draw is funded. Money repaid shall be deposited into the general fund. Money from 11 an allocation to a municipality's individual grant account that has not been drawn out 12 by the municipality within five years after the effective date of the appropriation from 13 which the allocation is funded lapses into the general fund. 14 (g) For purposes of this section, in calculating the population of a borough the 15 population of each city in the borough is excluded. The determination of population 16 shall be based upon data used by the Department of Community and Regional Affairs 17 under AS 14.17.140, AS 29.45.110, and AS 29.60.140 - 29.60.150. 18 (h) The provisions of AS 37.05.32.1 apply to a grant and draws trade under 19 this section, and to earnings from the grant and draws. 20 (i) In this section, unless specified otherwise, "department" means the 21 Department of Administration. 22 ------ Sec. 37.06.020. UNINCORPORATED COMMUNITY CAPITAL PROJECT 23 � MATCHING GRANT PROGRAM. (a) The unincorporated community capital project 24 matching grant program is established in the department. Grants to unincorporated 25 communities under the program shall be administered as provided in this section. 26 (b) The unincorporated community capital project thatching grant fund is 27 established in the department and consists of appropriations to the fund. 28 Appropriations to the fund do not lapse except as provided in (h) of this section. The 29 money in the fund is held by the department in custody under this subsection for each 30 unincorporated community eligible for an allocation under this subsection. The 31 department shall establish, for each unincorporated community that is entitled to -7- New :°ext. Underlined (DELETED TEXT BRACKETEDI DEPARTMENT OF LAW DRAFT DRAFT 1 receive state aid under AS 29.60.140, an individual grant account within the fund. As 2 provided in this subsection, each fiscal year the department shall allocate, to the 3 individual grant accounts, appropriations to the fund. An unincorporated community 4 is eligible for an allocation in a fiscal year if the community is eligible to receive state 5 aid under AS 29.60.140 during that fiscal year. The department shall credit interest 6 earned on money in an individual grant account to that account. Except as provided 7 in (c) of this section, the amount allocated under this subsection to an individual grant 8 account in a fiscal year is determined by dividing the total amount appropriated to the 9 fund during that fiscal year by the number of unincorporated communities eligible for 10 an allocation during that fiscal year. 11 (c) A minimum of $25,000 shall be allocated to each eligible unincorporated 12 community's grant account each fiscal year under (b) of this section. U appropriations 13 are not sufficient to fully fund the minimum amount for each eligible unincorporated 14 community, the amount appropriated shall be allocated equally among the eligible 15 unincorporated communities. 16 (d) The department shall designate, in each eligible unincorporated community, 17 an incorporated nonprofit entity or a Native village council that agrees to receive and 18 spend grant money allocated to the unincorporated community's individual grant 19 account under (b) of this section. If there is more than one qualified entity in a 20 community, the department shall designate the entity that the department finds most 21 qualified to make draws from that unincorporated community's individual grant 22 account and spend the money. 1'f there is no qualified incorporated nonprofit entity or 23 Native village council in an unincorporated community that will ague to receive and 24 spend money allocated to the community under (b) of this section, draws may not be 25 made from the unincorporated community's individual grant account and the amount 26 allocated to the account lapses into the general fund. 27 (e) By October 1 of each fiscal year, the incorporated nonprofit entity or 28 Native village council designated by the department under (d) of this section shall 29 submit to the governor a prioritized list of capital projects and estimated costs to be 30 financed with money from the community's individual grant account established under 31 (b) of this section. The list must include the amount and source of the local share -& New Text Underlined (DELETED TEXT BRACKETED] DEPARTMENT OF LAW DRAFT DRAFT 1 required by AS 37.06.030. The governor shall include in the capital improvements 2 program presented to the legislature under AS 37.07.060 the projects submitted by 3 designated entities under this subsection that the governor recommends for funding. 4 If, in the capital improvements program the governor includes projects in other than 5 the priority order submitted by a designated entity, the governor shall provide the 6 legislature with a written statement of the reasons for that action. 7 (f) The legislature may make appropriations, from an unincorporated 8 community's individual grant account established under (b) of this section, for the 9 unincorporated community for capital projects under this section. Subject to 10 appropriations under this subsection and to the local share requirements of 11 AS 37.06.030, an entity designated by the department under (d) of this section may 12 draw, on behalf of the unincorporated community, amounts from that community's 13 individual grant account for planning, design, and construction of a capital project, in 14 accordance with an appropriation for that project. In accepting a draw, an entity 15 designated by the department under (d) of this section acknowledges that the state is 16 not responsible for operating or maintaining a capital project for which the draw is 17 used, or for paying for its operation or maintenance. The acknowledgment does not 18 apply to use of money from a draw for repair or improvement of an existing facility 19 that is operated or maintained by the state at the time that the draw is made if the 20 repair or improvement for which the draw is used will not substantially increase the 21 operating or maintenance costs to the state. The designated entity, and its agents, 22 contractors, and subcontractors shall comply with the hiring preferences under 23 AS 36.10 in hiring employees to be paid wholly or in part with money from a draw. 24 (g) An entity designated by the department under (d) of this section that is a 25 :Native village council may not draw money from an unincorporated community's 26 individual grant account unless the council waives immunity from suit for claims 27 arising out of activities of the council related to the draw. A waiver of immunity from 28 suit under this subsection must be on a form provided by the Department of Law. 29 Neither this subsection nor any action taken under it enlarges or diminishes the 30 governmental authority or jurisdiction of a Native village council. 31 (h) An entity designated by the department under (d) of this section shall repay .9- New Text -Underlined (DELETED TEXT BRACKETED] DEPARTMENT OF LAW DRAFT DRAFT 1 to the department money it has drawn from an unincorporated community's individual 2 grant account if substantial, ongoing work on the project is not started within five 3 years after the effective date of the appropriation from which the draw is funded. 4 Money repaid shall be deposited into the general fund. Money from an. allocation- to-5 an unincorporated community's individual grant account that has not been drawn out 6 by a designated entity -within five years after the effective date of the appropriation 7 from which the allocation is funded lapses into the general fund. 8 (i) The limitations of AS 44.47.140 do not apply to a grant made under this 9 section. 10 0) The provisions of AS 37.05.321 apply to a grant and draws made under this 11 section, and to earnings from the grant and draws. 12 (k) In this section, unless specified otherwise, "department" means the 13 Department of Community and Regional Affairs. 14------Sec. 37.06.030. LOCAL SHARE REQUIREMENTS. (a) For each capital 15 project grant for a municipality under AS 37.05.315, each draw made by a 16 municipality under AS 37.06.010, and each grant made to a named grant recipient 17 under AS 37.05.316, the municipality or named grant recipient shall contribute a local 18 share to the cost of the capital project for which the grant or draw is made. She 19 amount of the local share equals the local shar�entage as calculated under (1) or 20 (2) of this subsection, divided by the state share percentage as calculated under (3) of 21 this subsection, multiplied by the amount of the grant or draw_. For purposes of this 22 subsection, i'- 23 (1) .if the effective date of the appropriation from which the grant or 24 draw is funded is no later than July 1, 1994, the local share percentage is 25 (A) 30 percent for a municipality with, or a named grant 26 recipient located in a municipality with, a population of 5,000 or more; 27 (B) 15 percent for a municipality with, or a named grant 28 recipient located in a municipality with, a population of 1,000 - 4,999; 29 (C) five percent for a municipality with, or a named grant 30 recipient located in a municipality with, a population of under 1,000; 31 (D) five percent for a named grant recipient located in an -10- New Text Underlined [DELETED TEXT BRACKETED] DEPARTMENT OF LAW DRAFT DRAFT 1 r unincorporated community; 2 (2) if the effective date of the appropriation from which the grant or 3 draw is funded is after July 1, 1994- 4 (A) 50 percent for a municipality with, or a named grant 5 recipient located in a municipality with, a population of 5,000 or more; 6 (B) 25 percent for a municipality with, or a named grant 7 recipient located in a municipality with, a population of 1,000 - 4,999; 8 (C) eight percent for a municipality with, or a named grant 9 recipient located in a municipality with, a population of under 1,000; 10 (D) eight percent for a named grant recipient located in an 11 unincorporated community; 12 (3) the state share percentage equals one minus the local share 13 percentage; 14 (4) the local share to be contributed by a municipality may be satisfied 15 with (A) federal, municipal, or local money; (B) labor used directly in the construction 16 of the project, land, materials, or equipment; the department shall determine the value 17 of a contribution under this subparagraph; (C) money from another nonstate source; 18 (D) money received by the municipality under AS 29.60.010 - 29.60.375; (E) state 19 taxes refunded or reimbursed to the municipality whose use for the purposes of this 20 subsection is not prohibited; and (F) allocations of state aid for the costs of school 21 construction debt under AS 14.11.100; except as provided in this paragraph, the local 22 share may not be satisfied with money from, or with the portion of an asset that was 23 obtained with money from, an appropriation, allocation, entitlement, grant, or other 24 payment from the state; 25 (5) the local share to be contributed by a named grant recipient may 26 be satisfied from (A) federal, municipal, or local money; (B) labor used directly in the 27 construction of the project, land, materials, or equipment; the department shall 28 determine the value of a contribution under this subparagraph; or (C) money from 29 another nonstate source; the local share may not be satisfied with money from, or with 30 the portion of an asset that was obtained with money from, an appropriation, 31 allocation, entitlement, grant, or other payment from the state; -11- Nea Text Underlined [DELETED TEXT BRACKETED] DEPARTMENT OF LAW DRAFT DRAFT 1 1 (b) For each grant to an unincorporated community under AS 37.05.317 and 2 each draw made under AS 37.06.020, the incorporated entity or Native village council 3 that receives the grant or makes the draw shall contribute a local share of the cost of 4 the capital project for which the grant or draw is made. The amount of the local share 5 equals the local share percentage as calculated under (1) of this subsection, divided by 6 the state share percentage as calculated under (2) of this subsection, multiplied by the 7 amount of the grant or draw. For purposes of this subsection, 8 (1) the local share percentage is 5 percent if the effective date of the 9 appropriation from which the grant or draw is funded is no later than July 1, 1994, and 10 8 percent if the effective date is after July 1, 1994; 11 (2) the state share percentage equals one minus the local share 12 percentage; 13 (3) the local share may be satisfied from (A) federal or local money; 14 (B) locally funded or contributed labor used directly in the constriction of the project, 15 land, materials, or equipment; the department shall determine the value of a 16 contribution under this subparagraph; (C) money from another nonstate source; or (D) 17 money received by the unincorporated community under AS 29.60.010 - 29.60.375; 18 except for money received under AS 29.60.010 - 29.60.375, the local share may not 19 be satisfied with money from, or with the portion of an asset that was obtained with 20 money from, an appropriation, allocation, entitlement, grant, or other payment from the 21 state. 22 (c) For purposes of (a) of this section, in calculating the population of a 23 borough the population of each city in the borough is excluded. The determination of 24 population shall be based upon data used by the Department of Community and 25 Regional Affairs under AS 14.17.140, AS 29.45.110, and AS 29.60.140 - 29.60.150. 26 Sec. 37.06.080. ADOPTION OF REGULATIONS. (a) The Department of 27 Administration for grants under AS 37.06.010 and the Department of Community and 28 Regional Affairs for grants under AS 37.06.020 29 (1) may adopt regulations that impose additional requirements or 30 procedures to implement, interpret, make specific, or otherwise carry out the applicable 31 provisions of this chapter for grants administered by the department; -12- Ne.✓ Text Underlined [DELETED TEXT BRACKETED] DEPARTMENT OF LAW DRAFT DRAFT 1 (2) shall adopt regulations providing for periodic audits of the use of 2 money for grants administered by the department under this chapter, including audit 3 of the department's determination of the value of, and adequacy of the verification of 4 the actual use of, locally funded or contributed labor on projects funded by a grant 5 under this chapter. 6 Sec. 37.06.090. DEFINITION. In this chapter, "capital project" means the 7 same as in AS 37.07.120. 8 * Sec. 9. TRANSITION. Notwithstanding the date set out in AS 37.06.010(d), enacted by 9 sec. 8 of this Act, for capital project grants under AS 37.06.010 for fiscal year 1994 each 10 municipality shall submit to the governor its prioritized last by March 1, 1993, or by the 11 effective date of this Act, whichever is later. Notwithstanding the date set out in 12 AS 37.06.020(e), enacted by sec. 8 of this Act, for capital project grants under AS 37.06.020 13 for fiscal year 1994 the incorporated entity or Native village council designated by the 14 Department of Community and Regional Affairs for each unincorporated community shall 15 submit to the governor its prioritized list by March 1, 1993, or by the effective date of this 16 Act, whichever is later. 17 * Sec. 10. IMPLEMENTATION; APPLICABILITY. (a) Notwithstanding sec. 11 of this 18 Act, a grant for a capital project may not be disbursed or drawn upon under AS 37.05.315 - 19 37.05.317 or AS 37.06, as amended or enacted by this Act, until after June 30, 1993. 20 (b) The changes made by this Act do not apply to a grant awarded under AS 37.05 21 before the effective date of this Act. 22 * Sec. 11. This Act takes effect immediately under AS 01.10.070(c). -13- New Text Und_erlfned (DELETED TEXT BRACKETED] 1791-1991 � CITY OF KENA ,DEC G'aP44 44 -4a _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283.3014 February 5, 1993 Walter J. Hickel, Governor State Capitol PO Box 110001, MS:0101 Juneau, AK 99811-0001 Subject: City of Kenai 1993/94 Capital Improvement Projects Rea�uest for State Grants Enclosed are three (3) copies of the City of Kenai's brochure entitled "1 (94 CjWita1 pmnmcnt Projects Request for State Grants" The City of Kenai. has divided its requests into two categories: 1. HEALTH & SAFETY a. Thompson Park Water & Sewer Mains $ 2,700,000 b. Water System Quality Improvements 2,000,000 C. Community Road Development 2,200,000 d. Water Distribution Improvements 730,000 a. Ice Rink 1,000,000 b. Boat Ramp 1,000,000 C. Library Addition 1,000,000 TOTAL REQUEST $10, 630,000 Pabe 2 1993/94 C.I.P. - Request for State Grants The City of Kenai has an excellent reputation of properly handling our Capital Improvement Projects. We are prepared to immediately use grant funds. Many of our projects are either already designed or preliminary designed. We request and receive local input concerning our projects. Many of our projects include funding from property owners through local improvement districts. Our requests are for projects we truly need, not just something that would be nice to have. Please carefully consider each one of our projects and if the Mayor, any Council person, City Manager, or any City Department Head can ever be of any help to you please do not hesitate to call on us. It would be our pleasure to assist you. Also, if you would like additional copies of our brochure just let us know. Sincerely, Keith Kornelis Public Works Director KK/kv 60, N e v 1, s U i i- -_:4 E k.) r th a revenue decline c I I 1, I I .I. i III11 ,.i.�t r• Ir 11 t t .l i t Jc, I ill. .,II! •Let.. Lu �- nl flsc. yand 1,11 1,_11 d .rmI I A 1"1 1, pian.lnrmVLL,,aninlcl,•• _null,. l h: fir. w n eta w. II, 111 Dc,. uI Amhor.wc. allCll&cl h� 1'5 :onununhc and lead- Cr.. Other, arc planned for Juneau and F:urhanks. 1rI Anchorage, several pohn, of agreement emerged from lenlahy discussions in ten working groups. All groups agreed that Alaska faces a serious fiscal problem sometime in the future, though there Here dis- agreements over its size and timing. All felt steps should be taken soon to mitigate it. Groups were also unanimous that all of the fiscal options available — budget cuts. new taxes on individual Alaskans, use of Permanent Fund earnings and use of existing state surplus funds — will be needed. But opinions were mixed about how the options were to be used. Delegates agreed that economic development, creating new sources of state revenues, will not solve the problem alone. Many felt new devel- opment will in fact make only mod- est contributions. Budget reductions were identified as the top priority, before new taxes or use of Permanent Fund earnings. Delegates also agreed that Alaska's unique and unusual programs — senior citizens' longevity bonuses, rural electric subsidies. the state pio- neers' homes —should be eliminated or available only to those in need. Only six groups were able to specify levels of spending reduction, or where cuts should be made. Recom- mendations ran eed from $450 to $214 K.111 Helmar phuln \'r,r ,l rtur Sin. Su.-emn<' Lgllr n( Rt'"m Covering the fiscal gap -- one view S3.5 Budget Uuls (1 3.0 Budget Cuts 2.5 2.5 2.0 C1Q 2.O Taxes I Taac, Neu Revenues t.5 1.5 [ Eronronir Desclopntcm I. 1.0 Permanent Fund Contribution, 5 .5 Current Rrvenurs 0 .0 1992 1994 1996 1"S 2000 2002 2004 2006 2008 2010 The Economic Summit conference in Anchorage used analysis and recommendations by the Universi{r of Alaska's Institute of Social and EcononiicResearchasa startingpointfordiscussions on thefiscal gap. ISERproposed a mi.ted.strategycrfbitdget cuts ( cutting real spending 20 percent overthe next 10-wars), use of Permanent Fund earnings ( if the dividend program were ended and the money instead invested in the fund's principal, this could be a major source of new state revenue hr 2010). personal income taxes, neu• economic development and the use of remaining state cash reserves to cushion the transition. million next fiscal year(FY 1994) to $950 million in FY 2005 (in 1992 dollars). Nine of the 10 working groups felt that state surplus funds should be used, in one manner or another, to help smooth out year-to-year volatil- ity_ in state revenues. Many endorsed a "forward funding" concept, where reserve funds on hand would be used to finance a current year budget. This adds certainty in funding to major public service programs. All 10 groups felt some form of increased taxation on individuals will be needed. and that budget cuts won't be enough to solve the problem. Nine of the ten groups recommended re- imposition of the personal income tax repealed in 1981. Seven groups recommended in- creasing motor fuel taxes, five en- dorsed higher taxes on cigarettes and alcohol, three groups suggested in- creased taxes on commercial fishing and timber. Four groups recom- mended leaving sales tax to local governments. so that it would be available as a tool to help them meet local needs as state revenues to mu- nicipalities are cut. Many groups also felt the income tax was the only way for many eco- nomic development projects to "pay their own way." Many projects, competing in tough international markets. cannot sustain a large tax burden. The jobs they create could addtothe state's tax base, ifindividu- als were taxed. Without personal taxes, many projects wind up being a net drain on the treasury, if they result in new people moving to the state, adding to public service requirements. A11 group, stronely opposed any use of the principal of the Permanent Fund itself, but seven groups recom- mended "capping" the annual divi- dends (which now increase each year as the fund's income grows) at some point. This would make some of the earnings of the fund available either to help support public services, or to n tin r reinvest in the fund. making it grow faster, creating more earnings in the future to support state services. Some groups also favored invest- ing some orall of the stoic's remain- ing reserve funds into the Perma- nent Fund principal. The Juneau Report rs published by the BP Exploration Government and Public Attain nepaerr ent to provide an wemie of issues and legislation at they relate to the petroleum indtutiv. Opinions of author expressed here do not necestant, reflect the opinions of the company. Inqui— should be directed to BP Exploration Gomn- ment and Public Affairs 5645504. 6 Printed on Recycled Paper Published in Anchorage by BP Exploration JUNEAU REPORT P.O. Box 196612 Anchorage Alaska 99519.6612 GII (907) 564.3mm by Janet Quist Signing the Family and Medical Leave Act of 1993 last Friday, President Bill Clinton broke through the gridlock which had come to character- ize the relationship between former President Bush and the 102nd Congress. The 103rd Congress voted overwhelmingly last week to approve legislation requiring employers, including munici- palities, to provide unpaid family and medical leave to employees, and rushed the - zsure to President Clinton's late Thursday night. The Family and Medical Leave Act of 1993 (HR 1) will require all employers with more than 50 employees to providea total of 12 work weeks of unpaid leave to eligi- ble workers for the birth or adoption of a child, the seri- ous illness of a child, spouse or parent, and the serious ill- ness of the employee. Cities and towns will be permitted to grant intermit- tent leave or a reduced leave schedule upon the mutual agreement of both the employ- er and employee. To be eligible, an employee must be employed for at leas, k 12 months by the municipality from whom the leave is sought and work at least 1,250 hours-25 hours per week for that municipality during the previous 12 month period. To determine whether an employ- ee satisfies the hours of service requirement, the legal stan- dard followed is section 7 of the Fair Labor Standards Act (29 U.S.C. 207). Employees would be required to provide documen- tation by a health care provider of a medical condi- tion precipitating the leave, and upon request, provide two additional opinions paid for by the municipality. Subse- quent recertification may be requested by the municipality on a reasonable basis. A municipal employee is entitled to return to the same or similar position held prior to the leave period with equiv- alent employment benefits, pay and other terms and con- ditions of employment. He or she is not, however, entitled to the accrual of any seniority or employment benefits during any period of leave or any right, benefit or position to which the employee would not have been entitled had the employee not taken leave. Municipal employers have the option to require the employee to use any paid leave before availing them- selves of the federally Fskuory S,1 M, WashkgW, D.C. required leave. The bill does not count other leave against the required period of federal- ly. required leave. Employers providing less that 12 weeks of paid leave may provide the remaining weeks without compensation. Employees who are also spouses are only eligible for a total of 12 workweeks of leave in any 12 month period. Municipal employers are required to continue group health benefits during the leave period as before leave begins. However, should the employee fail to return to work following leave, the city may recover the premium paid during the employee's leave period. Among the other topics cov- ered by law is establishment of a two year "Commission on Leave" that would conduct a study of existing and proposed policies relating to leave, potential costs, benefits and impact on productivity of such policies on employers. The bill also contains provisions that cover leave for Civil Service Employees and for certain House and Senate employees. A number of amendments were rejected by the House. Among them were two pro- posed by Rep. Bill Goodling (R-Penn.), ranking republican on the Education and Labor See page 2 column 1 3' y.:t!cWeCU +� o ca .S 0 a CO E "�'c E c > d - 3 00 a3 my y a� E C c'�3��� w S o,E S as 06 pN c 1~ 0 a a 3 E G m cs w as a� A S H L E Y ASSOCIATES GOVERNMENT RELATIONS AND PUBLIC AFFAIRS CONSULTANTS en Ffs - February 8, 1993 To: John Williams, Mayor City of Kenai From: Lynn Kenney Legislative Liaison Re: HB 102 - Municipal Property Tax Exemptions HB 134 - Temporary Transfers of Commercial Fisheries Entry Permits I am forwarding the above referenced legislation for your information and review. SB 102 relates to municipal property tax exemptions for senior citizens, etc. This is the companion bill to HB 66, which has its first public hearing in the House Labor & Commerce Committee on Tuesday, February 9. HB 134 was introduced by Representative Moses. The intent is to allow a commercial fisherman over the age of 65 the option to temporarily transfer their entry permit on a year-to-year basis. The fisherman must have had the permit for at least ten years and is unable to participate for medical reasons. Attachments 3201 C Street - Suite 300 - Anchorage, Alaska 99503 (907) 562-2560 - FAX (907) 562-2570 C SENATE BILL NO. 102 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: 2/5/93 Referred: CRA, FIN A BILL FOR AN ACT ENTITLED 8-GS1032.A 1 "An Act relating to municipal property tax exemptions for certain residences and 2 to property tax equivalency payments for certain residents; and providing for an 3 effective date." 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5 * Section 1. AS 29.45.030(h) is amended to read: 6 (h) Nothin [EXCEPT AS PROVIDED IN (g) OF THIS SECTION, 7 NOTHING] in [(e) - 0) OF] this section affects similar exemptions from property taxes 8 for a resident 65 years of age or older, a disabled veteran, or a resident at least 9 60 years of age who is the widow or widower of a person who is a resident ape 10 65 or older or a disabled veteran granted by a municipality on September 10, 1972, 11 or prevents a municipality from granting similar exemptions by ordinance as provided 12 in AS 29.45.050 and AS 29.45.052. 13 * Sec. 2. AS 29.45.030(k) is amended to read: 14 (k) The department shall adopt regulations to implement the provisions of [(g) SB0102a 4- SB 102 New Text Underlined [DELETED TEXT BRACKETED] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2.1 25 26 27 28 29 31) AND] 6) of this section. * Sec. 3. AS 29.45 is amended by adding a new section to read: Sec. 29.45.052. OPTIONAL EXEMPTION FOR CERTAIN PRIMARY RESIDENCES. (a) The real property owned and occupied as the primary residence and permanent place of abode by a resident of the state who is (1) 65 years of age or older; (2) a disabled veteran; or (3) at least 60 years old and who is the widow or widower of a person who qualified for an exemption under (1) or (2) of this subsection, may by ordinance be exempted from taxation on all or part of the assessed value of the real property. The ordinance may base the exemption on hardship. Only one exemption may be granted for the same property and, if two or more persons are eligible for an exemption for the same property, and if two or more persons are eligible for an exemption for the same property, the exemption may not be granted unless the parties decide between or among themselves who is to receive the benefit of the exemption. Real property may not be exempted under this subsection if the local assessor determines, after notice and hearing to the parties, that the property was conveyed to the applicant primarily for the purpose of obtaining the exemption. The determination of the assessor may be appealed to the superior court under procedures set out in AS 44.62.560 - 44.62.570. (b) In this section, (1) "disabled veteran" means a disabled person separated from the military service of the United States under a condition that is not dishonorable, whose disability was incurred or aggravated in the line of duty in the military service of the United States, and whose disability has been rated as 50 percent or more by the branch of service in which that person served or by the Veterans' Administration; (2) "real property" includes mobile homes, whether classified as real or personal property for municipal tax purposes. x Sec. 4. AS 29.45.030(a)(6), 29.45.030(e). 29.45.030(t), 29.45.030(g), 29.45.0 30(i), 29.45.040. and 29.45.050(i) are repealed. Sec. 5. This Act is retroactive to January 1, 1993. Sec. 6. This Act takes effect immediately under AS 01.10.070(c). -2- S11010211 Nem Text Underli-,ed !DELETED TENT 3RACnETED1 C 8-IS0588\A HOUSE BILL NO. 134 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY RE PRESS NTATIVE MOSES Introduced: 2/5/93 Referred: House Special Committee on Fisheries, Resources, Judiciary, Finance A BILL FOR AN ACT ENTITLED I "An Act relating to temporary transfers of commercial fisheries entry permits." 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 * Section I. FINDINGS. The legislature finds that 4 (1) current law relating to the emergency transfers of limited entry permits 5 does not adequately address the concerns of commercial fishermen who are 65 years of age 6 or older and suffer from age -related physical disabilities; 7 (2) commercial fishermen 65 years of age or older who, because of medical K problems, can no longer participate in physically demanding commercial fisheries should not 9 be forced to sell their permits, but instead should be allowed to transfer them to younger 14) individuals and to plan for themselves an orderly transition from active commercial fishing I l to retirement; 1 (3) commercial fishermen 65 years of age or older, who suffer from physical 13 disabilities, should be allowed to participate in the fisheries in a less strenuous manner, 14 thereby imparting the knowledge gained from many years of experience to younger fishermen; 11130134a -1- HB 134 New T^xt Underlined (DELETED TEXT" BRACKETED] 1 (4) 65 years of age is the established age of retirement in our society and the 2 qualifying age for a large number of programs for senior citizens; 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (5) commercial fishermen do not have an established retirement system; (6) allowing limited entry permit holders who are 65 years of age or older to transfer a permit from year-to-year will enable many young Alaskans with low incomes to participate in commercial fishing as gear operators and give them the opportunity to acquire the capital necessary to purchase their own limited entry permits; (7) allowing all limited entry permit holders to transfer a permit from year-to- year would result in speculation in fisheries entry permits by individuals who purchase permits with the intention of living off the income generated by other individuals who actually operate the permits; such a practice would be disruptive to the commercial fishing industry and should not be allowed; (8) commercial fishermen who have participated in a specific fishery for 10 years or more are bona fide commercial fishermen who have invested considerable time and money in the commercial fishing industry and who have demonstrated their commitment to commercial fishing as a livelihood and a profession. * Sec. 2. AS 16.43.180 is amended by adding a new subsection to read: (c) The commission shall adopt regulations providing for the temporary transfer from year-to-year of an entry permit if the permit holder is at least 65 years of age, has participated in the fishery for which the permit is issued for at Ieast 10 years, and is unable to participate in the fishery for medical reasons. s.� F11; 134 -2. HBO134a ,;� x' '!•'d � � GcL.r'.'TcD ..:.KT A.R�;%r�:T.' i r.: A S H L E Y R E E L February 9, 1993 ASSOCIATES �© GOVERNMENT RELATIONS AND PUBLIC AFFAIRS CONSULTANTS At 0 FEB im To: The Honorable John Williams, Mayor00 City of Kenai : �`1, �� From: Lynn Kenney Z� Legislative Liaison Re: Governor's Matching Grant Legislation: SB 88 & 89, HB 124 & 125 Alaska Fisheries Development Endowment: SB 93 & 94 I am forwarding the above referenced legislation for your information and review. As you know, the Governor worked very hard on developing a matching grant program last session and apparently hasn't given up. He may be more successful this year. You may also find Sen. Zharoffs fisheries legislation to be of interest. 3201 C Street • Suite 300 • Anchorage, Alaska 99503 s C SENATE BILL NO. 88 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BV THE SENATE RULES COMMITTEE BV REQUEST OF THE GOVERNOR Introduced: 2/3/93 Referred: CRA, FIN A BILL FOR AN ACT ENTITLED 8-GS1018.A 1 "An .act relating to grants to municipalities. named recipients, and unincorporated 2 communities; establishing capital project matching grant programs for municipalities 3 and unincorporated communities; establishing a local share requirement for capital 4 project grants to municipalities, named recipients, and unincorporated communities: 5 and providing for an effective date." 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7 * Section 1. PURPOSE. (a) The legislature recognizes the continued need for state- 8 funded capital projects (1) that are of regional or statewide significance, (2) that meet basic 9 needs, such as educational facility projects constructed under AS 14.1 l and village safe water 10 projects, or (3) for which costs will exceed the amount available to a municipality or ;a l l community under the capital project matching grant program. The legislature also recognizes 12 the continued need for legislatively directed funding of other capital projects. 13 (b) It is the purpose o this Act to S110088a - t- New Text Underlined (DELETED TEXT BRACKETED) SB 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ,3 (1) provide a capital project funding system that is equitable to municipalities, unincorporated communities, and named grant recipients throughout the state; (2) enhance the role of communities in initiating and prioritizing the construction of capital projects; (3) encourage a sense of local ownership in capital projects by requiring local participation in the funding of those projects; and (4) improve the process for making grants for capital projects by providing a more orderly and thoughtful planning process that involves the local community, the executive branch, and the legislature. Sec. 2. AS 36.10.180(a) is amended to read: (a) The preferences established in AS 36.10.150 - 36.10.175 apply to work performed (1) under a contract for construction, repair, preliminary surveys, engineering studies, consulting, maintenance work, or any other retention of services necessary to complete a given project that is let by the state or an agency of the state, a department, office, state board, commission, public corporation, or other organizational unit of or created under the executive, legislative, or judicial branch of state government, including the University of Alaska and the Alaska Railroad Corporation, or by a political subdivision of the state including a regional school board with respect to an educational facility under AS 14.11.020, (2) on a public works project under a grant to a municipality under AS 37.05.315 or AS 37.06.010: (3) on a public works project under a grant to a named recipient under 24 AS 37.05.316: 25 (4) on a public works project under a grant to an unincorporated 26 community under AS 37.05.317 or AS 37.06.020; and 27 (5) on any other public Nvorks project or construction project that is 28 funded in whole or in part by state money. 29 See. 3. AS 37.05.315(a) is amended to read: 31) (a) When an amount is appropriated or allocated as a grant to a municipality. 31 the Department of Administration shall promptly notify the municipalit% of the R c 1It 88 -2. S110088a ::ei; Text Urderlir.ed ;DELETED TE.3T 3RACKE-EDI I availability of the grant. When the Department of Administration receives an 2 agreement executed by the municipality which provides that the municipality (1) will 3 spend the grant for the purposes specified in the appropriation or allocation; (2) will 4 allow, on request, an audit by the state of the uses made of the grant; and (3) assures 5 that, to the extent consistent with the purpose of the appropriation or allocation, the 6 facilities and services provided with the grant will be available for the use of the 7 general public, the Department of Administration shall pay the grant directly to the 8 municipality. The agreement executed by a municipality under this section shall be 9 on a form furnished by the Department of Administration and shall be executed within 10 60 days after the effective date of the appropriation or allocation. As provided in 11 AS 37,06.030, for each grant to a municiplality under this section for a capital 12 project, as defined in AS 37.07 120, the municipality shall contribute a local share 13 of the cost of the capital project for which the grant is made. 14 * Sec. 4. AS 37.05.316(a) is amended to read: 15 (a) When an amount is appropriated or allocated to a department as a grant for K' 16 a named recipient that is not a municipality, the department to which the appropriation 17 or allocation is made shall promptly notify the named recipient of the availability of 18 the grant and request the named recipient to submit a proposal to provide the goods 19 or services specified in the appropriation act for which the appropriation or allocation 20 is made. At the same time, the department may issue a request for proposals from 21 other qualified persons to provide the same goods or services in the same area. The 22 department shall award the grant to the named recipient unless the Office of the 23 Governor, with due regard for the local expertise or experience of those making 24 proposals, determines that an award to a different party would better serve the public 25 interest. If the grant is awarded to a party other than that named by the legislature, 26 the basis of that action shall be stated in writing at the time the grant is issued and a 27 copy of the written statement shall be sent to the Legislative Budget and Audit 28 Committee. A grant agreement must be executed within 60 days after the effective 29 date of the appropriation or allocation. As provided in AS 37.06.030, for each grant 30 made under this section for a capital project, as defined in AS 37 07.120 the 31 named grant recipient shall contribute a local share of the cost of the capital SB0088a -3- SB 88 New Text Underlined [DELETED TEXT BRACKETED] I protect for which the _grant is made. 2 * Sec. S. AS 37.05.317(a) is amended to read: C 3 (a) When an amount is appropriated or allocated as a grant under this section 4 to an unincorporated community, it shall be disbursed as follows: 5 (1) Within 45 days after the effective date of the appropriation or 6 allocation, the Department of Community and Regional Affairs shall notify the 7 governing body of the unincorporated community, if any, that a grant is available. 8 (2) The Department of Community and Regional Affairs shall 9 determine if there is a qualified incorporated entity in the community area that will 10 agree to receive the grant and administer it, subject to terms generally applicable to 11 private grantees. If there is more than one such entity, the Department of Community 12 and Regional Affairs shall select the most qualified and the -rant shall be awarded to 13 that incorporated entity for the purposes specified in the appropriation act. However, 1.1 the Department of Community and Regional Affairs shall give preference to a 15 nonprofit corporation organized by a community for receipt of the grant. 16 (3) If there is no incorporated entity qualified to receive the grant, the 17 grant may not be awarded [DEPARTMENT OF COMMUNITY AND REGIONAL 18 AFFAIRS SHALL ADMINISTER THE PROGRAM AS SPECIFIED IN THE 19 APPROPRIATION ACT DIRECTLY OR THROUGH AGENTS OR CONTRACTORS 20 WITH WHOM IT MAY CONTRACT IN THE COMMUNITY AREA]. 21 * Sec. 6. AS 37.05.317 is amended by addin- a new subsection to read: 22 (c) As provided in AS 37.06.030, for each grant to an unincorporated 23 community under this section for a capital project, as defined in AS 37.07.120, the 24 incorporated entity to whom the grant is awarded shall contribute a local share of the 25 cost of the capital project for which the grant is made. 26 * Sec. 7. AS 37.05.318 is repealed and reenacted to read: 27 Sec. 37.05.318. ADOPTION OF REGULATIONS. (a) The Department (it' 28 Administration for grants under AS 37.05.315. the Department of Cummunity rind 29 Regional Affairs for grants under AS 37.05.317. and a department that administers a 0 (rant under AS 37.05.316 31 (1) may adopt regulations that impose additional requirements or C- sit X8 -4- S111108 is ;'ec Text. Underlined [DELETED TEXT BRACKETED; i I procedures to implement, interpret, make specific, or otherwise carry out the applicable 2 provisions of AS 37.05.315 - 37.05.317 for grants administered by the department; 3 (2) shall adopt regulations providing for periodic audits of the use of 4 money for grants administered by the department, including audit of the department's 5 determination of the value of, and adequacy of the verification of the actual use of, 6 locally funded or contributed labor under AS 37.06.030 on capital projects funded 7 under AS 37.05.315 - 37.05.317. 8 * Sec. 8. AS 37 is amended by adding a new chapter to read: 9 CHAPTER 06. CAPITAL PROJECT MATCHING GRANT PROGRAMS. 10 Sec. 37.06.010. MUNICIPAL CAPITAL PROJECT MATCHING GRANT 11 PROGRAM. (a) The municipal capital project matching grant program is established 12 in the department. Grants to municipalities under this program shall be administered 13 as provided in this section. 14 (b) The municipal capital project matching grant fund is established in the 15 department and consists of appropriations to the fund. Appropriations to the fund do 16 not lapse except as provided in (f) of this section. The money in the fund is held by 17 the department in custody under this subsection for each municipality. The department 18 shall establish, for each municipality, an individual grant account within the fund. As 19 provided in this subsection, each fiscal year the department shall allocate, to the 20 individual grant accounts, appropriations to the fund. The department shall credit 21 interest earned on money in an individual grant account to that account. Except as 22 provided in (c) of this section, the amount allocated under this subsection to an 23 individual grant account in a fiscal year is determined by multiplying the total amount 24 appropriated to the fund during that fiscal year by a fraction, 25 (1) the numerator of which equals 26 (A) for a municipality with a population under 1,000, the 27 amount equal to that population multiplied by 1.5. 28 (B) for a municipality with a population of at least 1,000 but 29 less than 5,000, the amount equal to that population multiplied by 1.4: 30 (C) for a municipality with it population of at least 5,000 but 31 not greater than 10,000, the amount equal to that population multiplied by 1.2. S B0088a -5- New Text Underlined [DELETED TEXT BRACKETED] SB 88 I (D) for a municipality with a population of over 10,000, the 2 amount equal to that population: and 3 (2) the denominator of which equals the sum of the numerators 4 calculated for all municipalities under (1)(A) - (D) of this subsection. 5 (c) A minimum of $25,000 shall be allocated to each municipality's individual 6 grant account each fiscal year under (b) of this section. The department shall reduce 7 allocations under (b) of this section on a pro rata basis, based upon the population of 8 the municipalities, if necessary to fund the minimum amount for each municipality. 9 If appropriations are not sufficient to fully fund the minimum amount for each 10 municipality, the amount appropriated shall be allocated equally among the 11 municipality individual grant accounts. 12 (d) By October 1 of each fiscal year. each municipality shall submit to the 13 governor a prioritized list of capital projects and estimated costs to be financed with 14 money from the municipality's individual grant account established under (b) of this Its section. The list must include the amount and source of the local share required by 16 . AS 37.06.030. The governor shall include in the capital improvements program 17 presented to the legislature under AS 37.07.060 the projects submitted by each 18 municipality that the governor recommends for funding. If, in the capital 19 improvements program, the governor includes projects in other than the priority order 20 submitted by a municipality, the governor shall provide the legislature with a written 21 statement of the reasons for that action. 22 (e) The legislature may make appropriations, from a municipality's individual 23 grant account established under (b) of this section, to the municipality for capital 24 projects under this section. Subject to appropriations under this subsection and to the 25 local share requirements of AS 37.06.030. each municipality may draw amounts from 26 its individual grant account for planning, design, and construction of a capital project, 27 in accordance with an appropriation for that project. In accepting a draw. the 28 municipality covenants with the state that it will operate and maintain the capital 19 project for which the draw is used for the practical life: of the project, and that the 311 municipality will not rely on the state to operate or maintain the capital project or pay 11 for its operation or maintenance. This requirement does not apply to use of monov AZ' -6- SIM088.1 :e,., Text U.nde:-1 ^ed ELE=D TES:T SPACKEIED, G 1 2 3 4 5 6 7 8 9 10 11 12 13 1.1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 from a draw for repair or improvement of an existing facility that is operated or maintained by the state at the time that the draw is made if the repair or improvement for which the draw is used will not substantially increase the operating or maintenance costs to the state. The municipality, and its agents, contractors, and subcontractors shall comply with the hiring preferences under AS 36.10 in hiring employees to be paid wholly or in part with money from a draw. (f) A municipality shall repay to the department money drawn from its individual grant account if substantial, ongoing work on the capital project is not started within five years after the effective date of the appropriation from which the draw is funded. Money repaid shall be deposited into the general fund. Money from an allocation to a municipality's individual grant account that has not been drawn out by the municipality within five years after the effective date of the appropriation from which the allocation is funded lapses into the general fund. (g) For purposes of this section, in calculating the population of a borough the population of each city in the borough is excluded. The determination of population shall be based upon data used by the Department of Community and Regional Affairs under AS 14.17.140, AS 29.45.110. and AS 29.60.140 - 29.60.150. (h) The provisions of AS 37.05.321 apply to a grant and draws made under this section, and to earnings from the grant and draws. (i) In this section, unless specified otherwise, "department" means the Department of Administration. Sec. 37.06.020. UNINCORPORATED COMMUNITY CAPITAL PROJECT MATCHING GRANT PROGRAM. (a) The unincorporated community capital project matching grant program is established in the department. Grants to unincorporated communities under the program shall be administered as provided in this section. (b) The unincorporated community capital project matching grant fund is established in the department and consists of appropriations to the fund. Appropriations to the fund do not lapse except as provided in (h) of this section. The money in the fund is held by the department in custody under this subsection for each unincorporated community eligible for an allocation under this subsection. The department shall establish an individual grant account within the fund for each SB0088a -7- New Text Underlined [DELETED TEXT BRACKETED] SB 88 I unincorporated community that was entitled to receive state aid under AS 29.60.140 2 during the preceding fiscal year. As provided in this subsection, each fiscal year the 3 department shall allocate, to the individual grant accounts, appropriations to the fund. 4 An unincorporated community is eligible for an allocation in a fiscal year if the 5 community was eligible to receive state aid under AS 29.60.140 during the preceding 6 fiscal year. The department shall credit interest earned on money in an individual 7 grant account to that account. Except as provided in (c) of this section, the amount 8 allocated under this subsection to an individual grant account in a fiscal year is 9 determined by dividing the total amount appropriated to the fund during that fiscal year 10 by the number of unincorporated communities eligible for an allocation during that 11 fiscal year. 12 (c) A minimum of $25,000 shall be allocated to each eligible unincorporated 13 community's grant account each fiscal year under (b) of this section. If appropriations 14 are not sufficient to fully fund the minimum amount for each eligible unincorporated 1; community, the amount appropriated shall be allocated equally among the eligible 16 unincorporated communities. 17 (d) The department shall designate, in each eligible unincorporated community, 18 an incorporated nonprofit entity or a Native village council that agrees to receive and 19 spend grant money allocated to the unincorporated community's individual grant 20 account under (b) of this section. If there is more than one qualified entity in a 21 community, the department shall designate the entity that the department finds most 22 qualified to make draws from that unincorporated community's individual grant 23 account and spend the money. If there is no qualified incorporated nonprofit entity or 24 Native village council in an unincorporated community that will agree to receive and 25 spend money allocated to the community under (b) of this section, draws may not be 26 made from the unincorporated community's individualgrant account and the amount 27 allocated to the account lapses into the general fund. 23 (e) By October 1 of each fiscal year, the incorporated nonprofit entity or 29 'Native village council designated by the department under (d) of this section shall 30 submit to the ygovernor a prioritized list of capital projects and estimated costs to he 31 financed with money from the community's individual `**rant account established under tiR KK -8- `1100 8a flew Tent L'nderl'^ed [DELETED T h'T ➢R?C::£TED] I (b) of this section. The list must include the amount and source of the local share 2 required by AS 37.06.030. The governor shall include in the capital improvements 3 program presented to the legislature under AS 37.07.060 the projects submitted by 4 designated entities under this subsection that the governor recommends for funding. 5 If, in the capital improvements program, the governor includes projects in other than 6 the priority order submitted by a designated entity, the governor shall provide the 7 legislature with a written statement of the reasons for that action. 8 (f) The legislature may make appropriations, from an unincorporated 9 community's individual grant account established under (b) of this section, for the 10 unincorporated community for capital projects under this section. Subject to 11 appropriations under this subsection and to the local share requirements of 12 AS 37.06.030, an entity designated by the department under (d) of this section may 13 draw, on behalf of the unincorporated community, amounts from that community's 14 individual grant account for planning, design, and construction of a capital project, in 15 accordance with an appropriation for that project. In accepting a draw, an entity 16 designated by the department under (d) of this section acknowledges that the state is 17 not responsible for operating or maintaining a capital project for which the draw is 18 used, or for paying for its operation or maintenance. The acknowledgment does not 19 apply to use of money from a draw for repair or improvement of an existing facility 20 that is operated or maintained by the state at the time that the draw is made if the 21 repair or improvement for which the draw is used will not substantially increase the 22 operating or maintenance costs to the state. The designated entity, and its agents, 23 contractors, and subcontractors shall comply with the hiring preferences under 24 AS 36.10 in hiring employees to be paid wholly or in part with money from a draw. 25 (g) An entity designated by the department under (d) of this section that is a 26 Native village council may not draw money from an unincorporated community's 27 individual grant account unless the council waives immunity from suit for claims 28 arising out of activities of the council related to the draw. A waiver of immunity from 29 suit under this subsection must be on a form provided by the Department of Law. 30 Neither this subsection nor any action taken under it enlarges or diminishes the 31 governmental authority or jurisdiction of a Native village council. SB0088a -9- SR 88 Prev Tex* Underlined (DELETED TEXT BRACKETED) I (h) An entity designated by the department under (d) of this section shall repay 2 to the department money it has drawn from an unincorporated community's individual 3 grant account if substantial, ongoing work on the project is not started within five 4 years after the effective date of the appropriation from which the draw is funded. 5 Money repaid shall be deposited into the general fund. Money from an allocation to 6 an unincorporated community's individual grant account that has not been drawn out 7 by a designated entity within five years after the effective date of the appropriation 8 from which the allocation is funded lapses into the general fund. 9 (i) The limitations of AS 44.47.140 do not apply to a grant made under this 10 section. I 1 6) The provisions of AS 37.05.321 apply to a grant and draws made under this 12 section, and to earnings from the grant and draws. 13 (k) In this section, unless specified otherwise, "department" means the 14 Department of Community and Regional Affairs. 15 Sec. 37.06.030. LOCAL SHARE REQUIREMENTS. (a) For each capital 16 project grant for a municipality under AS 37.05.315, each draw made by a 17 municipality under AS 37.06.010, and each grant made to a named grant recipient 18 under AS 37.05.316, the municipality or named grant recipient shall contribute a local 19 share to the cost of the capital project for which the grant or draw is made. The 20 amount of the local share equals the local share percentage as calculated under (1) or 21 (2) of this subsection, divided by the state share percentage as calculated under (3) of 22 this subsection, multiplied by the amount of the grant or draw. For purposes of this 23 subsection, 14 (1) if the effective date of the appropriation from which the grant or 25 draw is funded is no later than July 1, 1994, the local share percentage is 26 (A) 30 percent for a municipality with, or a named grant 27 recipient located in a municipality with, a population of 5,000 or more, 28 (B) 15 percent for a municipality with, or a named grant ?�) recipient located in a municipality with, a population of 1,000 - 4,999; 30 (C) five percent for a municipality with, or a named orant 31 recipient located in a municipality with, a population of under 1.1 00: 'Sit 88 - t 0• S tilNtssa ::env Text Underlined [DELETED TEXT BRACKETED] I (D) five percent for a named grant recipient located in an it 2 unincorporated community; 3 (2) if the effective date of the appropriation from which the grant or 4 draw is funded is after July 1, 1994, the local share percentage is 5 (A) 50 percent for a municipality with, or a named grant 6 recipient located in a municipality with, a population of 5,000 or more; 7 (B) 25 percent for a municipality with, or a named grant 8 recipient located in a municipality with, a population of 1,000 - 4,999; 9 (C) eight percent for a municipality with, or a named grant 10 recipient located in a municipality with, a population of under 1,000; 11 (D) eight percent for a named grant recipient located in an 12 unincorporated community; 13 (3) the state share percentage equals one minus the local share 14 percentage; 15 (4) the local share to be contributed by a municipality may be satisfied 16 with (A) federal, municipal, or local money; (B) labor used directly in the construction 17 of the project, land, materials, or equipment; the department shall determine the value 18 of a contribution under this subparagraph; (C) money from another nonstate source; 19 (D) money received by the municipality under AS 29.60.010 - 29.60.375; (E) state 20 taxes refunded or reimbursed to the municipality whose use for the purposes of this 21 subsection is not prohibited; and (F) allocations of state aid for the costs of school 22 construction debt under AS 14.11.100; except as provided in this paragraph, the local 23 share may not be satisfied with money from, or with the portion of an asset that was 24 obtained with money from, an appropriation, allocation, entitlement, grant, or other 25 payment from the state; 26 (5) the local share to be contributed by a named grant recipient may 27 be satisfied from (A) federal, municipal, or local money; (B) labor used directly in the 28 construction of the project, land, materials, or equipment; the department shall 29 determine the value of a contribution under this subparagraph; or (C) money from 30 another nonstate source, the local share may not be satisfied with money from, or with 31 the portion of an asset that was obtained with money from, an appropriation, SBOO88a -[I- SB 88 New Text Underlined [DELETED TEXT BRACKETED] I allocation, entitlement, grant, or other payment from the state; 2 (b) For each grant to an unincorporated community under AS 37.05.317 and 3 each draw made under AS 37.06.020, the incorporated entity or Native village council 4 that receives the grant or makes the draw shall contribute a local share of the cost of 5 the capital project for which the grant or draw is made. The amount of the local share 6 equals the local share percentage as calculated under (1) of this subsection, divided by 7 the state share percentage as calculated under (2) of this subsection, multiplied by the 8 amount of the grant or draw. For purposes of this subsection, 9 (1) the local share percentage is 5 percent if the effective date of the 10 appropriation from which the grant or draw is funded is no later than July 1, 1994, and 11 8 percent if the effective date is after July 1, 1994; 12 (2) the state share percentage equals one minus the local share 13 percentage; 1.1 (3) the local share may be satisfied from (A) federal or local money; 15 (B) locally funded or contributed labor used directly in the construction of the project, 16 land. materials, or equipment; the department shall determine the value of a 17 contribution under this subparagraph; (C) money from another nonstate source; or (D) 18 money received by the unincorporated community under AS 29.60.010 - 29.60.375: 19 except for money received under AS 29.60.010 - 29.60.375, the local share may not 20 be satisfied with money from, or with the portion of an asset that was obtained with 21 money from, an appropriation, allocation, entitlement, grant, or other payment from the 22 state. 23 (c) For purposes of (a) of this section, in calculating the population of a 24 borough the population of each city in the borough is excluded. The determination of 25 population shall be based upon data used by the Department of Community and 26 Re,2ional Affairs under AS 14.17,140, AS 29.45.110, and AS 29.60.140 - 29.60.150. 27 Sec. 37.06.OS0. ADOPTION OF REGULATIONS. (a) The Department of 28 Administration for grants under AS 37.06.010 and the Department of Community and 29 Regional Affairs for grants under AS 37.06.020 30 (1) may adopt regulations that impose additional requirements or 31 procedures to implement, interpret. make specific, or otherwise carry out the applicable 14 SB 88 -12- S1100881) ::es Text Underlined (DELETED TEXT ERACKETED1 C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 provisions of this chapter for grants administered by the department; (2) shall adopt regulations providing for periodic audits of the use of money for grants administered by the department under this chapter, including audit of the department's determination of the value of, and adequacy of the verification of the actual use of, locally funded or contributed labor on projects funded by a grant under this chapter. Sec. 37.06.090. DEFINITION. In this chapter, "capital project" means the same as in AS 37.07.120. * Sec. 9. TRANSITION. Notwithstanding the date set out in AS 37.06.010(d), enacted by sec. 8 of this Act, for capital project grants under AS 37.06.010 for fiscal year 1994 each municipality shall submit to the governor its prioritized list by March 1, 1993, or by the effective date of this Act, whichever is later. Notwithstanding the date set out in AS 37.06.020(e), enacted by sec. 8 of this Act, for capital project grants under AS 37.06.020 for fiscal year 1994 the incorporated entity or Native village council designated by the Department of Community and Regional Affairs for each unincorporated community shall submit to the governor its prioritized list by March 1, 1993, or by the effective date of this Act, whichever is later. * Sec. 10. IMPLEMENTATION; APPLICABILITY. (a) Notwithstanding sec. 11 of this Act, a grant for a capital project may not be disbursed or drawn upon under AS 37.05.315 - 37.05.317 or AS 37.06, as amended or enacted by this Act, until after June 30, 1993. (b) The changes made by this Act do not apply to a grant awarded under AS 37.05 before the effective date of this Act. * Sec. 11. This Act takes effect immediately under AS 01.10.070(c). SB0088a -13- SB 88 New Text Underlined [DELETED TEXT BRACKETED] 8-GS 1061.A SENATE BILL NO. 89 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: 2/3/93 Referred: CRA, FIN Funding Information: General Fund $ 67,000,000 Other Funds -0- $ 67,000,000 A BILL FOR AN ACT ENTITLED l "An Act making appropriations for capital project matching grant programs; and 2 providing for an effective date." 3 BE IT ENACTED BY THE LEGISLATURE OF THE STAVE OF ALASKA: 4 * Section 1. The sum of $65,300,000 is appropriated from the general fund to the 5 municipal capital project matching grant fund (AS 37.06.010(b)) in the Department of 6 Administration to provide grants to municipalities under the municipal capital project matching 7 grant program. 8 * Sec. 2. The sum of $1,700,000 is appropriated from the general fund to the 9 unincorporated community capital project matching grant fund (AS 37.06.020(b)) in the 10 Department of Community and Regional Affairs to provide grants to unincorporated 11 communities under the unincorporated community capital project matching grant program. 12 '` Sec. 3. This Act takes effect July 1, 1993, only if an Act establishing the capital project 13 matching grant programs is enacted. SB0089a - I - SB 89 New Text Underlined [DELETED TEXT BRACKETED] C 8-GH1018.A HOUSE BILL NO. 124 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: 2/3/93 Referred: Community & Regional Affairs, State Affairs, Finance A BILL FOR AN ACT ENTITLED 1 "An Act relating to grants to municipalities, named recipients, and unincorporated 2 communities; establishing capital project matching grant programs for municipalities 3 and unincorporated communities; establishing a local share requirement for capital 4 project grants to municipalities, named recipients, and unincorporated communities; 5 and providing for an effective date." 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7 * Section 1. PURPOSE. (a) The legislature recognizes the continued need for state- 8 funded capital projects (1) that are of regional or statewide significance, (2) that meet basic 9 needs, such as educational facility projects constructed under AS 14.11 and village safe water 10 projects, or (3) for which costs will exceed the amount available to a municipality or a 1 I community under the capital project matching grant program. The legislature also recognizes 12 the continued need for legislatively directed funding of other capital projects. 13 (b) It is the purpose of this Act to HB0124a -I- HB 124 New Text Underlined [DELETED TEXT BRACKETED] 1 (1) provide a capital project funding system that is equitable to municipalities. 2 unincorporated communities, and named grant recipients throughout the state; 3 (2) enhance the role of communities in initiating and prioritizing the 4 construction of capital projects; (3) encourage a sense of local ownership in capital projects by requiring local 6 participation in the funding of those projects; and 7 (4) improve the process for making grants for capital projects by providing a 8 more orderly and thoughtful planning process that involves the local community, the executive 9 branch, and the legislature. 10 * Sec. 2. AS 36.10.180(a) is amended to read: 11 (a) The preferences established in AS 36.10.150 - 36.10.175 apply to work 12 performed 13 (1) under a contract for construction, repair, preliminary surveys, 14 engineering studies, consulting, maintenance work, or any other retention of services 15 necessary to complete a given project that is let by the state or an agency of the state, r- 16 a department, office, state board, commission, public corporation, or other 17 organizational unit of or created under the executive, legislative, or judicial branch of 18 state government, including the University of Alaska and the Alaska Railroad 19 Corporation, or by a political subdivision of the state including a regional school board 20 with respect to an educational facility under AS 14.11.020; 21 (2) on a public works project under a grant to a municipality under 22 AS 37.05.315 or AS 37.06.010; 23 (3) on a public works project under a grant to a named recipient under 24 AS 37.05.316; 25 (4) on a public works project under a grant to an unincorporated 26 community under AS 37.05.317 or AS 37.06.020; and 27 (5) on any other public works project or construction project that is 28 funded in whole or in part by state money. 29 * Sec. 3. AS 37.05.315(a) is amended to read: 30 (a) When an amount is appropriated or allocated as a grant to a municipality. 31 the Department of Administration shall promptly notify the municipality of the HB 124 -2- I1B0124u New Text Underlined (DELETED TEXT BRACKETED) l availability of the grant. When the Department of Administration receives an 2 agreement executed by the municipality which provides that the municipality (1) will 3 spend the grant for the purposes specified in the appropriation or allocation; (2) will 4 allow, on request, an audit by the state of the uses made of the grant; and (3) assures 5 that, to the extent consistent with the purpose of the appropriation or allocation, the 6 facilities and services provided with the grant will be available for the use of the 7 general public, the Department of Administration shall pay the grant directly to the 8 municipality. The agreement executed by a municipality under this section shall be 9 on a form furnished by the Department of Administration and shall be executed within 10 60 days after the effective date of the appropriation or allocation. As provided in 11 AS 37.06.030, Cyr each grant to a municipality under this section for a capital 12 project, as defingd in AS 37.07.120, the municipality shall contribute a local share 13 of the cost of the capital project for which the grant is made. 14 Sec. 4. AS 37.05.316(a) is amended to read: 15 (a) When an amount is appropriated or allocated to a department as a grant for 16 a named recipient that is not a municipality, the department to which the appropriation t 17 or allocation is made shall promptly notify the named recipient of the availability of 18 the grant and request the named recipient to submit a proposal to provide the goods 19 or services specified in the appropriation act for which the appropriation or allocation 20 is made. At the same time, the department may issue a request for proposals from 21 other qualified persons to provide the same goods or services in the same area. The 22 department shall award the grant to the named recipient unless the Office of the 23 Governor, with due regard for the local expertise or experience of those making 24 proposals, determines that an award to a different party would better serve the public 25 interest. If the grant is awarded to a party other than that named by the legislature, 26 the basis of that action shall be stated in writing at the time the grant is issued and a 27 copy of the written statement shall be sent to the Legislative Budget and Audit 28 Committee. A grant agreement must be executed within 60 days after the effective 29 date of the appropriation or allocation. As provided in AS 37.06.030, for each grant 30 made under this section for a capital proiect, as defined in AS 37.07.120, the 31 named izrant recipient shall contribute a local share of the cost of the capital HB0124a -3- HB 124 New Text Underlined [DELETED TEXT BRACKETED] f. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 proiect for which the grant is made. Sec. 5. AS 37.05.317(a) is amended to read: (a) When an amount is appropriated or allocated as a grant under this section to an unincorporated community, it shall be disbursed as follows: (1) Within 45 days after the effective date of the appropriation or allocation, the Department of Community and Regional Affairs shall notify the: governing body of the unincorporated community, if any. that a grant is available. (2) The Department of Community and Regional Affairs shall determine if there is a qualified incorporated entity in the community area that will agree to receive the grant and administer it, subject to terms generally applicable to private grantees. If there is more than one such entity, the Department of Community and Regional Affairs shall select the most qualified and the grant shall be awarded to that incorporated entity for the purposes specified in the appropriation act. However. the Department of Community and Regional Affairs shall give preference to a nonprofit corporation organized by a community for receipt of the grant. (3) If there is no incorporated entity qualified to receive the grant, the grant may not be awarded [DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS SHALL ADMINISTER THE PROGRAM AS SPECIFIED IN THE APPROPRIATION ACT DIRECTLY OR THROUGH AGENTS OR CONTRACTORS WITH WHOM IT MAY CONTRACT IN THE COMMUNITY AREA]. x Sec. 6. AS 37.05.317 is amended by adding a new subsection to read: (c) As provided in AS 37.06.030, for each grant to an unincorporated community under this section for a capital project, as defined in AS 37.07.120, the incorporated entity to whom the grant is awarded shall contribute a local share of the cost of the capital project for which the grant is made. • Sec. 7. AS 37.05.318 is repealed and reenacted to read: 27 Sec. 37.05.318. ADOPTION OF REGULATIONS. (a) The Department of 28 Administration for grants under AS 37.05.315, the Department of Community and 29 Regional Affairs for grants under AS 37.05.317, and a department that administers a 30 grant under AS 37.05.316 31 (1) may adopt regulations that impose additional requirements or tilt 124 -4- 1-1110124a Net,, Text Underlined (DELETED TEXT BRACKETED] C t' I procedures to implement, interpret, make specific, or otherwise carry out the applicable 2 provisions of AS 37.05.315 - 37.05.317 for grants administered by the department; 3 (2) shall adopt regulations providing for periodic audits of the use of 4 money for grants administered by the department, including audit of the department's 5 determination of the value of, and adequacy of the verification of the actual use of, 6 locally funded or contributed labor under AS 37.06.030 on capital projects funded 7 under AS 37.05.315 - 37.05.317. 8 * Sec. 8. AS 37 is amended by adding a new chapter to read: 9 CHAPTER 06. CAPITAL PROJECT MATCHING GRANT PROGRAMS. 10 Sec. 37.06.010. MUNICIPAL CAPITAL PROJECT MATCHING GRANT 11 PROGRAM. (a) The municipal capital project matching grant program is established 12 in the department. Grants to municipalities under this program shall be administered 13 as provided in this section. 14 (b) The municipal capital project matching grant fund is established in the 15 department and consists of appropriations to the fund. Appropriations to the fund do 16 not lapse except as provided in (f) of this section. The money in the fund is held by 17 the department in custody under this subsection for each municipality. The department 18 shall establish, for each municipality, an individual grant account within the fund. As 19 provided in this subsection, each fiscal year the department shall allocate, to the 20 individual grant accounts, appropriations to the fund. The department shall credit 21 interest earned on money in an individual grant account to that account. Except as 22 provided in (c) of this section, the amount allocated under this subsection to an 23 individual grant account in a fiscal year is determined by multiplying the total amount 24 appropriated to the fund during that fiscal year by a fraction, 25 (1) the numerator of which equals 26 (A) for a municipality with a population under 1,000, the 27 amount equal to that population multiplied by 1.5; 28 (B) for a municipality with a population of at least 1,000 but 29 less than 5,000, the amount equal to that population multiplied by 1.4; 30 (C) for a municipality with a population of at least 5,000 but 31 not greater than 10,000, the amount equal to that population multiplied by 1.2. HB0124a -5- New Text Underlined [DELETED TEXT BRACKETED] HB 12.3 I (D) for a municipality with a population of over I(1,11(tU. the 2 amount equal to that population; and 3 (-) the denominator of which equals the sum of the numerators 4 calculated for all municipalities under (1)(A) - (D) of this subsection. 5 (c) A minimum of $25,000 shall be allocated to each municipality's individual 6 grant account each fiscal year under (b) of this section. The department shall reduce 7 allocations under (b) of this section on a pro rata basis, based upon the population of 8 the municipalities, if necessary to fund the minimum amount for each municipality. 9 If appropriations are not sufficient to fully fund the minimum amount for each 10 municipality, the amount appropriated shall be allocated equally among the 11 municipality individual grant accounts. 12 (d) By October 1 of each fiscal year. each municipality shall submit to the 13 governor a prioritized list of capital projects and estimated costs to be financed with 14 money from the municipality's individual grant account established under (b) of this 15 section. The list must include the amount and source of the local share required b} 16 AS 37.06.030. The governor shall include in the capital improvements program 17 presented to the legislature under AS 37.07.060 the projects submitted by each 18 municipality that the governor recommends for funding. If, in the capital 19 improvements program, the governor includes projects in other than the priority order 20 submitted by a municipality, the governor shall provide the legislature with a written 21 statement of the reasons for that action. 22 (e) The legislature may make appropriations, from a municipality's individual 23 grant account established under (b) of this section, to the municipality for capital 24 projects under this section. Subject to appropriations under this subsection and to the 25 local share requirements of AS 37.06.030, each municipality may draw amounts from 26 its individual grant account for planning, design, and construction of a capital project, 27 in accordance with an appropriation for that project. In accepting a draw, the 28 municipality covenants with the state that it will operate and maintain the capital 29 project for which the draw is used for the practical life of the project, and that the 30 municipality will not rely on the state to operate or maintain the capital project or pay 31 for its operation or maintenance. This requirement does not apply to use of money HB 124 -6- 1-1136124a ,%'et., Text Underlined [DELETED TEXT BRACKETED] 01 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2-5 26 27 78 29 all 31 from a draw for repair or improvement of an existing facility that is operated or maintained by the state at the time that the draw is made if the repair or improvement for which the draw is used will not substantially increase the operating or maintenance costs to the state. The municipality, and its agents, contractors, and subcontractors shall comply with the hiring preferences under AS 36.10 in hiring employees to be paid wholly or in part with money from a draw. (f) A municipality shall repay to the department money drawn from its individual grant account if substantial, ongoing work on the capital project is not started within five years after the effective date of the appropriation from which the draw is funded. Money repaid shall be deposited into the general fund. Money from an allocation to a municipality's individual grant account that has not been drawn out by the municipality within five years after the effective date of the appropriation from which the allocation is funded lapses into the general fund. (g) For purposes of this section, in calculating the population of a borough the population of each city in the borough is excluded. The determination of population shall be based upon data used by the Department of Community and Regional Affairs under AS 14.17.140, AS 29.45.110, and AS 29.60.140 - ''9.60.150. (h) The provisions of AS 37.05.321 apply to a grant and draws made under this section, and to earnings from the grant and draws. (i) In this section, unless specified otherwise. "department" means the Department of Administration. Sec. 37.06.020. UNINCORPORATED COMMUNITY CAPITAL PROJECT MATCHING GRANT PROGRAM. (a) The unincorporated community capital project matching grant program is established in the department. Grants to unincorporated communities under the program shall be administered as provided in this section. (b) The unincorporated community capital project matching grant fund is established in the department and consists of appropriations to the fund. Appropriations to the fund do not lapse except as provided in (h) of this section. The money in the fund is held by the department in custody under this subsection for each unincorporated community eligible for an allocation under this subsection. The department shall establish an individual grant account within the fund for each HB0124a -7- New Text Underlined [DELETED TEXT BRACKETED] HB 12.1 I unincorporated community that was entitled to receive state aid under AS 29.60.14o 2 during the preceding fiscal year. As provided in this subsection, each fiscal year the 3 department shall allocate, to the individual grant accounts, appropriations to the fund. 4 An unincorporated community is eligible for an allocation in a fiscal year if the 5 community was eligible to receive state aid under AS 29.60.140 during the preceding 6 fiscal year. The department shall credit interest earned on money in an individual 7 grant account to that account. Except as provided in (c) of this section, the amount 8 allocated under this subsection to an individual grant account in a fiscal year is 9 determined by dividing the total amount appropriated to the fund during that fiscal year 10 by the number of unincorporated communities eligible for an allocation during that 11 fiscal year. 12 (c) A minimum of $25,000 shall be allocated to each eligible unincorporated 13 community's grant account each fiscal year under (b) of this section. If appropriations 14 are not sufficient to fully fund the minimum amount for each eligible unincorporated 1; community, the amount appropriated shall be allocated equally among the eligible 16 unincorporated communities. 17 (d) The department shall designate, in each eligible unincorporated community, 18 an incorporated nonprofit entity or a Native village council that agrees to receive and 19 spend grant money allocated to the unincorporated community's individual grant 20 account under (b) of this section. If there is more than one qualified entity in a 21 community, the department shall designate the entity that the department finds most 22 qualified to make draws from that unincorporated community's individual grant 23 account and spend the money. If there is no qualified incorporated nonprofit entity or 24 Native village council in an unincorporated community that will agree to receive and 25 spend money allocated to the community under (b) of this section, draws may not be 26 made from the unincorporated community's individual grant account and the amount 27 allocated to the account lapses into the general fund. 28 (e) By October l of each fiscal year, the incorporated nonprofit entity or 29 Native village council designated by the department under (d) of this section shall 30 submit to the governor a prioritized list of capital projects and estimated costs to be 31 financed with money from the community's individual grant account established under fill 124 -8- H 11012.1a .Veo-: Text Underlined (DELETED TEXT BRACKETED) I (b) of this section. The list must include the amount and source of the local share C2 required by AS 37.06.030. The governor shall include in the capital improvements 3 program presented to the legislature under AS 37.07.060 the projects submitted by 4 designated entities under this subsection that the governor recommends for funding. 5 If, in the capital improvements program, the governor includes projects in other than 6 the priority order submitted by a designated entity, the governor shall provide the 7 legislature with a written statement of the reasons for that action. 8 (f) The legislature may make appropriations, from an unincorporated 9 community's individual grant account established under (b) of this section, for the 10 unincorporated community for capital projects under this section. Subject to 11 appropriations under this subsection and to the local share requirements of 12 AS 37.06.030, an entity designated by the department under (d) of this section may 13 draw, on behalf of the unincorporated community, amounts from that community's 14 individual grant account for planning, design, and construction of a capital project, in 15 accordance with an appropriation for that project. In accepting a draw, an entity 16 designated by the department under (d) of this section acknowledges that the state is 17 not responsible for operating or maintaining a capital project for which the draw is 18 used, or for paying for its operation or maintenance. The acknowledgment does not 19 apply to use of money from a draw for repair or improvement of an existing facility 20 that is operated or maintained by the state at the time that the draw is made if the 21 repair or improvement for which the draw is used will not substantially increase the 22 operating or maintenance costs to the state. The designated entity, and its agents, 23 contractors, and subcontractors shall comply with the hiring preferences under 2.1 AS 36.10 in hiring employees to be paid wholly or in part with money from a draw. 25 (g) An entity designated by the department under (d) of this section that is a 26 Native village council may not draw money from an unincorporated community's 27 individual grant account unless the council waives immunity from suit for claims 28 arising out of activities of the council related to the draw. A waiver of immunity from 29 suit under this subsection must be on a form provided by the Department of Law. 30 Neither this subsection nor any action taken under it enlarges or diminishes the 31 governmental authority or jurisdiction of a Native village council. z S� HBO124a -9- HB 124 New Text Underlined [DELETED TEXT BRACKETED] I (h) An entity designated by the department under (d) of this section shall repa\ 2 to the department money it has drawn from an unincorporated community's individual 3 grant account if substantial, ongoing work on the project is not started within fiyC 4 years after the effective date of the appropriation from which the draw is funded. 3 Money repaid shall be deposited into the general fund. Money from an allocation to 6 an unincorporated community's individual grant account that has not been drawn out 7 by a designated entity within five years after the effective date of the appropriation 8 from which the allocation is funded lapses into the general fund. 9 (i) The limitations of AS 44.47.140 do not apply to a grant made under this 10 section. 11 0) The provisions of AS 37.05.321 apply to a grant and draws made under this 12 section, and to earnings from the grant and draws. 13 (k) In this section, unless specified otherwise. "department" means the 14 Department of Community and Regional Affairs. 15 Sec. 37.06.030. LOCAL SHARE REQUIREMENTS. (a) For each capital 16 project grant for a municipality under AS 37.05.315, each draw made by a 17 municipality under AS 37.06.010, and each grant made to a named grant recipient i8 under AS 37.05.316, the municipality or named grant recipient shall contribute a local 19 share to the cost of the capital project for which the grant or draw is made. The 20 amount of the local share equals the local share percentage as calculated under (1) or 21 (2) of this subsection, divided by the state share percentage as calculated under (3) of 22 this subsection, multiplied by the amount of the grant or draw. For purposes of' this 23 subsection, 2.1 (1) if the effective date of the appropriation from which the grant or 25 draw is funded is no later than July 1, 1994, the local share percentage is 26 (A) 30 percent for a municipality with, or a named grant 27 recipient located in a municipality with, a population of 5,000 or more; 28 (13) 15 percent for a municipality with, or a named grant 29 recipient located in a municipality with, a population of 1,000 - 4.999, 30 (C) five percent for a municipality with, or a named grant 31 recipient located in a municipality with, a population of under 1,000; 1111 124 -10- Nev Text Underlined [DELETED TEXT BRACKETED] IIH0124a I (D) five percent for a named grant recipient located in an 2 unincorporated community; 3 (2) if the effective date of the appropriation from which the grant or 4 draw is funded is after July 1, 1994, the local share percentage is (A) 50 percent for a municipality with, or a named grant 6 recipient located in a municipality with, a population of 5,000 or more; 7 (B) 25 percent for a municipality with, or a named grant 8 recipient located in a municipality with, a population of 1,000 - 4,999; 9 (C) eight percent for a municipality with, or a named grant 10 recipient located in a municipality with, a population of under 1,000; 11 (D) eight percent for a named grant recipient located in an 12 unincorporated community; 13 (3) the state share percentage equals one minus the local share 14 percentage; 15 (4) the local share to be contributed by a municipality may be satisfied 16 with (A) federal, municipal, or local money; (B) labor used directly in the construction 17 of the project, land, materials, or equipment; the department shall determine the value 18 of a contribution under this subparagraph; (C) money from another nonstate source: 19 (D) money received by the municipality under AS 29.60.010 - 29.60.375., (E) state 20 taxes refunded or reimbursed to the municipality whose use for the purposes of this 21 subsection is not prohibited; and (F) allocations of state aid for the costs of school 22 construction debt under AS 14.11.100, except as provided in this paragraph, the local 23 share may not be satisfied with money from, or with the portion of an asset that was 24 obtained with money from, an appropriation, allocation, entitlement, grant, or other 25 payment from the state; 26 (5) the local share to be contributed by a named grant recipient may 27 be satisfied from (A) federal, municipal, or local money; (13) labor used directly in the 28 construction of the project, land, materials, or equipment; the department shall 29 determine the value of a contribution under this subparagraph, or (C) money frorri 30 another nonstate source; the local share may not be satisfied with money from, or with 31 the portion of an asset that was obtained with money from, an appropriation. HB012.1a -t l- FIB 124 New Text Underlined [DELETED TEXT BRACKETED] I allocation, entitlement, grant, or other payment from the state; 2 (b) For each grant to an unincorporated community under AS 37.05.317 and 3 each draw made under AS 37.06.020, the incorporated entity or Native village council 4 that receives the grant or makes the draw shall contribute a local share of the cost of 5 the capital project for which the grant or draw is made. The amount of the local share 6 equals the local share percentage as calculated under (1) of this subsection, divided by 7 the state share percentage as calculated under (2) of this subsection, multiplied by the 8 amount of the grant or draw. For purposes of this subsection, 9 (1) the local share percentage is 5 percent if the effective date of the 10 appropriation from which the grant or draw is funded is no later than July 1, 1994, and 11 8 percent if the effective date is after July 1, 1994; 12 (2) the state share percentage equals one minus the local share 13 percentage; 14 (3) the local share may be satisfied from (A) federal or local money: 1s (B) locally funded or contributed labor used directly in the construction of the project, 16 land, materials, or equipment; the department shall determine the value of a 17 contribution under this subparagraph; (C) money from another nonstate source; or (D) 18 money received by the unincorporated community under AS 29.60.010 - 29.60.375; 19 except for money received under AS 29.60.010 - 29.60.375, the local share may not 20 be satisfied with money from, or with the portion of an asset that was obtained with 21 money from, an appropriation, allocation, entitlement. grant. or other payment from the 22 state. 23 (c) For purposes of (a) of this section, in calculating the population of a 2.1 borough the population of each city in the borough is excluded. The determination of 25 population shall be based upon data used by the Department of Community and 26 Regional Affairs under AS 14.17.140. AS 29.45.110. and AS 29.00. 1-10 - ''9.h0.130. 27 Sec. 37.06.080. ADOPTION OF REGULATIONS. (a) The Department (it 24 Administration for grants under AS'17.06.010 and the Department of Community and '9 Regional Affairs for grants under AS 37,06.020 30 (1) may adopt regulations that impose additional requirements or 1 procedures to implement, interpret. make specific, or otherwise carry out the appiicahlc C— lilt 124 -12- 11110124a :de�� Test "racer 7 , nec, rD£LETED TF:i T BR.>CFETFD I I provisions of this chapter for grants administered by the department; 2 (2) shall adopt regulations providing for periodic audits of the use of 3 money for grants administered by the department under this chapter, including audit 4 of the department's determination of the value of, and adequacy of the verification of 5 the actual use of, locally funded or contributed labor on projects funded by a grant 6 under this chapter. 7 Sec. 37.06.090. DEFINITION. In this chapter, "capital project" means the 8 same as in AS 37.07.120. 9 * Sec. 9. TRANSITION. Notwithstanding the date set out in AS 37.06.010(d), enacted by 10 sec. 8 of this Act, for capital project grants under AS 37.06.010 for fiscal year 1994 each 11 municipality shall submit to the governor its prioritized list by March 1, 1993, or by the 12 effective date of this Act, whichever is later. Notwithstanding the date set out in 13 AS 37.06.020(e), enacted by sec. 8 of this Act, for capital project grants under AS 37.06.020 14 for fiscal year 1994 the incorporated entity or Native village council designated by the 15 Department of Community and Regional Affairs for each unincorporated community shall 16 submit to the governor its prioritized list by March 1, 1993, or by the effective date of this 17 Act, whichever is later. 18 * Sec. 10. IMPLEMENTATION; APPLICABILITY. (a) Notwithstanding sec. I of this 19 Act, a grant for a capital project may not be disbursed or drawn upon under AS 37.05.315 - 20 37.05.317 or AS 37.06, as amended or enacted by this Act, until after June 30, 1993. 21 (b) The changes made by this Act do not apply to a grant awarded under AS 37.05 22 before the effective date of this Act. 23 * Sec. 11. This Act takes effect immediately under AS 01.10.070(c). H Bo 124a -13- New Text Underlined (DELETED TEXT BRACKETED) HB 124 8-GH 106 LA HOUSE BILL NO. 125 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: 2/3/93 Referred: Community & Regional Affairs, State Affairs, Finance Funding Information: General Fund $ 67,000,000 Other Funds -0- $ 67,000.000 A BILL FOR AN ACT ENTITLED 1 "An Act snaking appropriations for capital project matching grant programs: and 2 providing for an effective date." 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 * Section 1. The sum of $65,300,000 is appropriated from the general fund to the 5 municipal capital project matching grant fund (AS 37.06.010(b)) in the Department of 6 Administration to provide grants to municipalities under the municipal capital project matching 7 grant program. 8 * Sec. 2. The sum of $1,700,000 is appropriated from the general fund to the 9 unincorporated community capital project matching grant fund (AS 37.06.020(b)) in the 10 Department of Community and Regional Affairs to provide grants to unincorporated 11 communities under the unincorporated community capital project matching grant program. 12 Y Sec. 3. This Act takes effect July 1, 1993, only if an Act establishing the capital project 13 matching grant programs is enacted. HB0125a -I- HB 125 New Text Underlined [DELETED TEXT BRACKETED] SENATE BILL NO. 93 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY SENATOR ZHAROFF Introduced: 2/5/93 Referred: RES, L&C, FIN A BILL FOR AN ACT ENTITLED 8-LSO412\A 1 "An Act relating to the commercial fisheries development endowment; and 2 providing for an effective date." 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 * Section 1. FINDINGS. The Alaska State Legislature finds that the seafood industry in 5 the state requires a stable source of funding for continuing research into improved seafood 6 harvesting techniques, new product forms, and new processing techniques for Alaska seafood 7 products in order to remain competitive in national and international markets. The Alaska 8 Fisheries Development Foundation has compiled an impressive record of success in finding 9 and developing innovative and profitable methods for the harvest and processing of Alaska 10 fishery resources. The foundation has an established structure and system to ensure that 1 I commercial fisheries development funds are directed toward projects with the greatest potential 12 for success and the broadest application for the Alaska seafood industry. As the amount of 13 federal support for the foundation declines, the Alaska State Legislature recognizes the need 14 for the state to provide financial support for the foundation's vital mission in the form of an SB11U93a -I- SB 93 New Text Underlined fDELETED TEXT BRACKETED] I endowment. 2 * Sec. 2. AS 37.14 is amended by adding a new section to read: 3 ARTICLE 4A. COMMERCIAL FISHERIES DEVELOPMENT ENDOWMENT. 4 Sec. 37.14.350. COMMERCIAL FISHERIES DEVELOPMENT 5 ENDOWMENT ESTABLISHED. (a) The commercial fisheries development 6 endowment is established in the Department of Revenue as a separate endowment trust 7 fund of the state to benefit the Alaska Fisheries Development Foundation, a nonprofit 8 corporation established to promote the development of commercial fisheries in the 9 state. The purpose of the endowment is to support the foundation's goal to promote 10 long-term economic benefits for the state through research and development of 11 commercial seafood opportunities, concentrating on maintaining the competitiveness 12 of the Alaska seafood industry in domestic and international markets through the 13 development of new fishery resources, improved efficiency in harvesting and 14 processing operations, and development of new consumer products from Alaska fishery 15 resources. The principal of the endowment consists of legislative appropriations to the 16 endowment. 17 (b) The commissioner of revenue shall determine the net income of the 18 endowment in accordance with generally accepted accounting principles and in a 19 manner that preserves the distinction between principal and income. 20 Sec. 37.14.360. ENDOWMENT UTILIZATION. (a) The principal of the 21 endowment and any capital gains or losses realized on the principal shall be retained 22 perpetually in the endowment for investment as specified in AS 37.14.370. 23 (b) The net income of the endowment may be appropriated for payment to 2.1 (1) the foundation for the support of commercial fisheries development 25 research projects, including research on fish harvesting techniques, seafood processing 26 techniques, and development of new seafood products in the state; 27 (2) the department for the reasonable costs of administering the 28 endowment. 29 (c) Realized net income that has not been appropriated, or that has been 30 appropriated but not paid to the foundation or expended by the department, shalt he 31 invested until appropriated and paid or expended. C sit 93 -2- SB0093a New Text Underlined [DELETED TEXT BRACKETED] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sec. 37.14.370. POWERS AND DUTIES OF THE COMMISSIONER OF REVENUE. The commissioner of revenue is the treasurer of the endowment and has the power and duty to (1) act as official custodian of the cash and investments belonging to the endowment by securing adequate and safe custodial facilities; (2) receive all items of cash and investments belonging to the endowment; (3) collect the principal and income from investments owned or acquired by the endowment and deposit the amounts in separate principal and income accounts for the endowment; (4) invest and reinvest the assets of the endowment as provided in this section and as provided for the investment of funds under AS 37.14.170; (5) exercise the powers of an owner with respect to the assets of the endowment; (6) maintain accounting records of the endowment in accordance with investment accounting principles and with distinction between the principal and income accounts of the endowment; (7) engage an independent firm of certified public accountants to annually audit the financial condition of the endowment's investments and investment transactions; (8) enter into and enforce contracts or agreements considered necessary for the investment purposes of the endowment; (9) provide reports to the foundation and the legislature on the condition and investment performance of the fund; (10) do all acts, whether or not expressly authorized, necessary or proper in administering the assets of the endowment; (11) adopt regulations necessary to implement AS 37.14.350 - 37.14.390. 29 Sec. 37.14.380. DUTIES OF THE FOUNDATION. (a) The foundation shall 30 provide copies of annual reports and financial audits regarding its utilization of the 31 income of the endowment to the commissioner of revenue and the legislature by S80093a -3- SB 93 New Text Underlined (DELETED TEXT BRACKETED) I January 15 of each year. 2 (b) The financial records of the foundation regarding the utilization of the 3 income of the endowment may be audited by the legislative auditor or by a certified 4 public accountant approved by the legislative auditor if the audit is requested by the 5 Legislative Budget and Audit Committee. 6 Sec. 37.14.390. DEFINITIONS. In AS 37.14.350 - 37.14.390, 7 (1) "department" means the Department of Revenue; 8 (2) "endowment" means the commercial fisheries development 9 endowment established by AS 37.14.350(a); 10 (3) "foundation" means the Alaska Fisheries Development Foundation. I I * Sec. 3. This Act takes effect immediately under AS 01.10.070(c). till 93 -4- S B0093a .':end Text Underlined [DELETED TEXT BRACKETED] C SENATE BILL NO. 94 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY SENATOR ZRAROFF Introduced: 2/5/93 Referred: RES, L&C, FIN A BILL FOR AN ACT ENTITLED 8-LSO418\A 1 "An Act making appropriations to the commercial fisheries development 2 endowment and to the Alaska Fisheries Development Foundation; and providing 3 for an effective date." 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5 6 7 8 9 10 11 12 13 14 * Section 1. FINDINGS AND INTENT. (a) The Alaska State Legislature finds that the seafood industry in the state requires a stable source of funding for continuing research into improved seafood harvesting techniques, new product forms, and new processing techniques for Alaskan seafood products in order to remain competitive in national and international markets. The Alaska Fisheries Development Foundation has compiled an impressive record of success in finding and developing innovative and profitable methods for the harvest and processing of Alaskan fisheries resources. The foundation has an established structure and system to ensure that commercial fisheries development funds are directed toward projects with the greatest potential for success and the broadest application for the Alaska seafood industry. As the amount of federal support for the foundation declines, the Alaska State S B0094a -I- New Text Underlined [DELETED TEXT BRACKETED] S B 94 I Legislature recognizes the need for the state to provide financial support for the foundation's 2 vital mission by establishing an endowment. ' 3 (b) The Alaska State Legislature further finds that the Alaska Commercial Fishing and 4 Agriculture Bank is in the process of making monthly repayments on the original loan made 5 by the state to capitalize the bank. The original loan to the bank created an institution that 6 provides long-term benefits to the Alaska seafood industry. 7 (c) It is the intent of the Alaska State Legislature that the state use the repayments on 8 the original loan to the Alaska Commercial Fishing and Agriculture Bank to once again 9 provide long-term benefits to the Alaska seafood industry by offsetting the appropriation from 10 the general fund to establish the commercial fisheries development endowment. 11 * Sec. 2. The sum of $5,000,000 is appropriated from the general fund to the principal of 12 the commercial fisheries development endowment. 13 * Sec. 3. The income earned on the commercial fisheries development endowment during 14 fiscal year 1994 is appropriated to the Alaska Fisheries Development Foundation under 15 AS 37.1.1.350 - 37.14.390 on July 1, 1994. 16 * Sec. 4. The appropriations made by secs. 2 and 3 of this Act are contingent upon the 17 enactment into law of a bill passed by the First Session of the Eighteenth Alaska State 18 Legislature establishing a commercial fisheries development endowment in the Department 19 of Revenue. 20 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c). SR '1J .2. 5150094a ::ew Test Underlined [DELETED TEXT 3RRCKETED1