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HomeMy WebLinkAbout1993-05-05 Council PacketKenai City Council Meeting Packet May 5, 1993 k�jf)A. b KZMhI CITY COUNCIL - REGULAR MEETING MAY 5, 1993 7:00 P.M. KENAI CITY COUNCIL CHAMBERB �'�Nkgw lexe)10 A -'j 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Laura Measles - City of Kenai/Kenai Chamber of Commerce Relocation Pamphlet. C. PUBLIC BEARING0 1. Ordinance No. 1535-93 - Increasing Estimated Revenues and Appropriations by $208 in the Senior Citizens - Borough Special Revenue Fund. 2. Ordinance No. 1536-93 - Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Library Books. 3. Ordinance No. 1537-93 - Increasing Estimated Revenues and Appropriations by $49,126.37 in the General Fund for Attorney Fees Related to Fisheries Business Tax Settlement. 4. Ordinance No. 1538-93 - Increasing Estimated Revenues and Appropriations by $30,000 in the Water and Sewer Fund for Utilities at the Sewer Treatment Plant. 5. Proposed Evergreen special Assessment District a. City Manager Report b. Preliminary Assessment Roll C. Resolution No. 93-29 - Setting the Public Hearing Date on the Proposed Evergreen, Haller, McKinley, r(" North Gill, Second Avenue, Third Avenue, Fourth Avenue, Jefferson, and Eadies Way Paving District. -1- B. 6. Resolution No. 93-30 - Transferring $3,000 in the General Fund for Purchase,of a Storage Van. 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 1. *Regular Meeting of April 21, 1993. 1. Discussion - Petition to Vacate the Section Line Easement Lying Between South Ames Road and the Slough at the Southeast Corner of Lot 1, Caro Subdivision, Section 2; and Vacation of the Right -of -Way Easement, Not to Exceed Fifty Feet in Width, Along West Boundary of Government Lot 13, Section 1, Township 5 North, Range it West, Seward Meridian. N. NX BUSINESO 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. IS39-93 - Increasing Estimated Revenues and Appropriations by $220,000 in the General Fund for Redemption of the 1980 General Obligation Bonds. 4. *Ordinance No. 1540-93 - Authorizing an Amendment of the Terms of the General Obligation Bonds, 1984 Series A, Authorized by Ordinance No. 972-84; Authorizing the Execution of an Amendment to Loan Agreement Between the City of Kenai and the Alaska Municipal Bond Bank; and Providing for Related Matters. 5. Discussion - Schedule Board of Adjustment Hearing - Encroachment Permit, Lot 9, Block 2, Deepwood Park Addition - Ron Johnson for Johnny Jackson. 6. Discussion - Kenai Boating Facility - 5/1/93 Rates. 7. Discussion - Kenai Bicentennial Visitors & Cultural Center - Parking Lot Speed Bumps. -2- 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager 1. Citizens (five minutes) 2. Council MAYOR'S REPORT MAY 5, 1993 COUNCIL MEETING ADD: C-7, Resolution No. 93-31 - Opposing the Alaska Reapportionment Board's Recommended Plan to Repair Senate Districts and Requesting That Governor Walter J. Hickel Reject the New Plan and Return to the Interim Plan for Approval of Final Senate Pairings. H-2, Purchase Order Over $1,000 - Wm. J. Nelson & Associates - Courthouse Project - $2,888.00. H-8, Approval - Change Order No. 7, Kenai Courthouse Project - Credit of $39,256 ADD: C-81 *1993 Games of Chance and Contests of Skill Permit Application - Holy Assumption of Virgin Mary Orthodox Church. �t TO: Mayor Williams and City Council FROM: Keith Kornelis, Public Works Director('✓ DATE: May 5, 1993 SUBJECT: Attached letter to G & S Construction This letter is in response to G & S's letter of April 28, that I mentioned at the work session on May 3. I plan to mail the letter on May 6, Thursday, unless there is an objection by Council. KVkv 1791-1n1 CITY OF KENAI %%Od G'apd4l q 44 „ 210 FIQALOO KENAI, ALASKA 99611 TELEPHONE 293.75W FAX 907-283.3014 May 4, 1993 Dan Green G & S Construction PO Box 1493 Soldotna, AK 99669 Subject: Courdlolm Dear Mr. Green: I am in receipt of your letter dated April 28, 1993. My response is the same as stated in the letters I previously sent to you dated March loth and 12th which are enclosed. The City is t141 stopping this work and expects the contractor to fulfill his obligations under the contract. You are correct in that there are no funds immediately available in excavation time and materials. I do not agree, however, that there will be additional expenses for supervision, overhead, utilities, etc. As you know we are working on some project deletions and requests for additional funding to cover these future costs. We are also having engineering done to determine the percent of remaining excavation work so we can get this project back on a definite and defined cost basis. There is money in each line item account for continuing work other than excavation T & M. Even after Pay Estimate No. 11, there is $144,721 in site concrete and all material, $26,776 in building concrete - labor, $10, 637 in framing labor, $1,374 in additional material and equipment, and $5,260 in interim utilities (heat). Pay Estimate No. 11 should be approved by Council this Wednesday and amounts to a $360,140 payment to G & S. The soils contamination problems and its associated delays has been, and is, presently being offset by the very early break-up, an especially warm winter, and our exceptionally good weather. Page 2 G&S 5/4/93 It appears that there is plenty of work to be done and funds to pay for this work. There is no reason for the mechanical, electrical, sheetrock, sheetmetal and other subcontractors to stop work. The same is true for G & S Construction. We are having excellent weather and the contractor should be diligently pursuing the work on this project. Sincerely, Keith Kornelis Public Works Director KK/kv cc: Chris Benediktsson, Alaska Court System Kluge & Associates, Field Architect Sar Schnucker, McCool Carlson Green, Architect Charles A. Brown, Acting City Manager Cary Graves, City Attorney Kenai City Council TO: Mayor Williams and City Council FROM: Keith Kornelis, Public Works Director � DATE: May 3, 1993 SUBJECT: Enclosed is a letter from G & S Construction stating he will not be able to proceed on the project beyond May 5, 1993. The last time he talked about walking off the job I wrote him the enclosure letters dated March 10 and 12, 1993. I plan on writing a similar letter in response to this one. I will also point out that there are funds in line items accounts to continue to work. I will have this letter for the council meeting. Mkv P.O. Box 1493 a Soldotna, Alaska 99669 a (907) 262.6223 N9 April 28, 1993 Kluge and Associates Bill Kluge 130 Trading Say Kenai, Ak. 99611 Be: Kenai Court House Dear Bill, We were planning to start the site work on 5-3-93 and because there is no arrangement to pay for this, we will not be able to begin. This will cause us to incur additional expenses for supervision, overhead, utilities, etc., and all of these additional costs will be submitted to the city for compensation. I would also like to inform the city that because of the lack of money available to pay for extra concrete, installation of fabricated metals and framing labor, additional materials, equipment and heating, I can no longer afford to finance this project. I simply do not have the resources available to meet my payrolls etc., consequently until these outstanding issues are resolved we cannot proceed. We have done more than we should have to keep this project moving financially and I can no longer afford it. Until the city arranges to pay the past and future expenses we will not be able to proceed beyond May 5, 1993. I'm looking forward towards an immediate resolution to this outstanding financing issue and if I can provide any assistance, please feel free to call. Sincerely Y urs, R. Daniel Green, owner G & S Construction R. Daniel Green 1791-1991 CITY OF KENAI Capdal 4 4iad".* P 210 FIDALGO KENAI, ALASKA II5511 TELEPHONE 283 - 7535 POFAX 907.253.3014 Y_ Mr. Bill Kluge Kluge & Associates 130 Trading Bay, Suite 330 Kenai, AK 99611 Subject: Kenai Courthouse Dear Mr. Kluge: I am in receipt of G & S's letter to you dated March 11, 1993. I am asking you to direct the contractor to continue working on this project. As I mentioned in my letter of March 10, 1993, which is enclosed, the City expects the contractor to continue working to complete this project. Subcontractor Rozak's pay request for excavation work from 10/18/92 to 11/12/92 is the biggest problem we have with this project. Unauthorized work such as this presents major problems when there are insufficient funds to cover the expenses. This does not allow you to terminate your work on the project. Change Order No. 6 has been approved by the City Council (by telephone poll) and is enclosed. This change order provides the needed funds for you to complete the concrete slab including the soils preparation. If you need additional sand the city is willing to deliver it to you via city dump trucks. As I mentioned in out weekly project meeting yesterday, Mayor John Williams is going to request an executive session at out next Council meeting of March 17, 1992 to discuss this project. After the executive session, the Mayor may call a special meeting on March 24, 1992 to deal with issues concerning this project. Mayor John Williams will be in Juneau the next few days seeking additional funding to complete this project. The City of Kenai is doing everything possible to keep this project going and expects the Contractor to continue working to complete this project in a timely manner. Since ely, �J Keith Kornelis, Public Works Director cc: Sar Schnucker, McCool Carlson Green Dan Green, G & S Construction Chris Benediktsson, Alaska Court System 1701-1001 CITY OF KENAI "Od G'djaddl a j 44 „ 210 FlDALGO KENAI, ALASKA 9MI TELEPHONE 283 - 7535 FAX 907.283.3014 COPY March 10, 1993 To: Sar Schnucker, McCool Carlson Green Dan Green, G & S Construction Bill Kluge, Kluge & Associates Chris Benediktsson, Alaska Court System Dear Gentlemen: The City of Kenai has a contract with G & S Construction to build the Kenai Courthouse. The City does not plan on issuing a "Stop Work Order" on this project and expects the contractor to continue working to complete this project. Through a series of change orders and compromises, (such as the recent electrical changes), the City hopes to satisfy the contractor while he builds this building. If the City fails to satisfy the contractor and we can not reach what we both feel is equitable, the contract documents contain procedures the contractor can follow while continuing to complete the project. The City of Kenai does not want this project to stop and directs the contractor to continue construction. P•+: F. Corm ; 1 -.1 -,a . I The biggest problem we have concerns the excavation and site work on the project by the subcontractor, Rozak Excavating and Construction. Change Order No. 1 increased the excavation item by $162,927 to a new total "not -to -exceed without prior approval amounts" of $525,050. The payment method also changed to time and materials. Change Order No. 1 was approved by Council on 10/21/92. The contractor had previously asked for, and received, approval to go to an accelerated schedule. The extra cost to go to the accelerated schedule was approved the contractor did that extra work. The City also expected the contractor to inform the City when they got close to the not -to -exceed total of $525,050, as required on Change Order No. 1, and to get prior approval before proceeding. The City processed Pav Estimate No. 4 on 11/12/92, which contained Rozak's work ($259,925), from 9/20/92 to 10/27/92. Most of the funds for this payment came from CO #1. JbWjM day. 11/12/92. Rozak MMVI ed all his excavation for the season. It wasn't until a month later that the contractor brought to the City's attention that Rozak had gone over the not -to -exceed amount. Change Order No. 4 was written based on Nelson's memo and Rozak's Pay Request No. 3 to G & S which the City received on 12/11/92. Rozak's request is for expenses from 10/18/92 to 11/12/92. As was stated in our weekly project meetings, this work was done without prior approval and the application was not acceptable to the City. If the City had known the contractor was going so far over budget some different type of arrangement could have possibly been made. Change Order No. 4, for Rozak's excavation work, was neither approved or disapproved by the Kenai Council. It was referred to the Alaska Court System for their opinion. G & S sent a change order dated 12/26/92 to McCool Carlson Green concerning "Excavation delay claim." This letter has been discussed at our weekly progress meetings and the City has denied the claim and stated it should be dropped from consideration. The City and G & S agreed with Change Order No. 1, that instead of paying for the excavation according to the payment schedule of values, and then trying to deal with a claim for additional work, we would pay on a time and materials basis. For the first $362,123, which was the original value for excavation, the City paid 30 % for overhead and profit. (15 % subcontractor and 15 % contractor.) After that, the City paid 23 %, (15 % subcontractor and 8 % contractor), for overhead and profit. The City also paid 4.8 % for insurance and non -payroll, plus 2 % for bonding. The City is therefore paying labor, (including fringe benefits), equipment, (at rental rates for new or modem equipment), plus 29.8 % to 36.8 % as listed above. When we went to a time and materials method of payment including the markup listed above we did away with the mobilization costs. We paid directly for the labor, equipment, permits, and other costs associated with mobilization. As soon as the soils contamination was discovered, two environmental engineers, Northern Test Lab and ENSR, were brought on site along with ADEC. The City did not request, or need, Rozak Engineering on site for soils testing. If Ron Rozak, Rozak Engineering, helped his brother with soils testing, schedule review, progress meetings, pay estimate preparation, claim preparation, travel, photo copies (200 copies?), etc. he did so as part of the 15 % overhead and profit the City is paying Rozak Excavating. FP When the City stopped the work on the project on July 29, 1992, we did not require any of the contractors equipment to stay on site or even remain available. Any rental equipment could have been taken back or arrangements could have been made to leave the equipment on site without charging the contractor since it was not being used. It does not make sense to charge the same monthly rent for a piece of equipment for a month where it is not used as for a month when it is heavily used. A rental dealer will usually work with the contractor to reduce the rent for periods of time when the equipment is not used and so should a private owner who is renting someone their equipment. The equipment hour meter should show that this equipment was not used. If G & S was to file a claim with the City on behalf of Rozak, based on Rozak's revised letter of March 1, 1992, the City would deny it also. The City feels that there is no validity or substance to their claim and that Rozak is already being properly compensated for their work. Sincerely, Keith Kornelis, Public Works Ditector KVkv c:\wp61\project\court\excewte.M 3 r Suggested by: Senior Citizen Program Directo City of Kenai NO. 1535-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $208 IN THE SENIOR CITIZENS - BOROUGH SPECIAL REVENUE FUND. WHEREAS, the Kenai Senior Center held a raffle that grossed $208 in revenue; and WHEREAS, the proceeds must be spent, and the Senior Citizen Program Director requests that they be appropriated for food. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Senior Citizens - Borough Increase Estimated Revenues: "T Gaming Revenues Increase Appropriations: Operating Supplies PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of May, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 21, 1993 Adopted: May 5, 1993 Effective: May 5, 1993 Approved by Finance: &S4 (4/7/93) kl a .- Suggested by: Librarian City of Kenai ORDINANCE NO. 1536-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,500 IN THE GENERAL FUND FOR LIBRARY BOOKS. WHEREAS, through March 31, 1993, the City has received approximately $1,939 as library donations for lost and damaged books; and ' WHEREAS, the City expects to receive an additional $561 in this category through June 30, 1993; and WHEREAS, the Librarian has asked that this money be appropriated for the purchase of 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: Library Donations $2,500 Increase Appropriations: Library Books $2,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of May, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 21, 1993 Adopted: May 5, 1993 Effective: May 5, 1993 Approved by Finance (4/14/93) kl M1919 9(enai Community-Pifna.zy A PUBLIC LIBRARY IN SERVICE SINCE 1%9 163 MAIN STREET LOOP KENAI, ALASKA 99611 Charles Brown, Finance Director FROM: DATE: Emily DeForest, Librarian 14 April 1993 SUBJECT: Appropriation from Donation account On 1 April the amount in the Library Donations account was $1938.92. Evidently donations average about $200.00 per month. I would ask the Finance Department to appropriate $2,500.00 into the Library book account to be used before 30 June 1993. C_5 Suggested by: Administration City of Kenai ORDINANCE NO. 1537-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $49,126.37 IN THE GENERAL FUND FOR ATTORNEY FEES RELATED TO FISHERIES BUSINESS TAX SETTLEMENT. WHEREAS, the State of Alaska has proposed a distribution of $1,500,000 of a settlement between the State of Alaska and Alyeska defendants in State of Alaska v. Exxon Corporation, et al. (3AN-89-6852, Civ.) which amount was appropriated for distribution to municipalities that suffered a loss of state fisheries business tax revenues in 1989; and WHEREAS, the affected municipalities that desire to participate in the distribution have proposed, and the State has accepted, an allocation among such municipalities as set out in the Fisheries Business Tax Allocation and Disbursement Agreement; and WHEREAS, the City of Kenai's share of the distribution is f $147,379.12, of which the City has agreed to pay one-third to its attorney. 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: Oil Spill Settlement $49,126.37 Increase Appropriations: City Attorney - Professional Services $49,126.37 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of May, 1993. ATTEST: Carol L. Freas, City Clerk JOHN J. WILLIAMS, MAYOR Introduced: April 21, 1993 Adopted: May 5, 1993 Effective: May 5, 1993 Approved by Finance: C IQ (4/14/93) kl C-� P� Suggested by: Administration City of Kenai ORDINANCE NO. IS38-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $30,000 IN THE WATER AND SEWER FUND FOR UTILITIES AT THE SEWER TREATMENT PLANT. WHEREAS, utility costs at the sewer treatment plant have already exceeded the $130,000 budget with two months left of the fiscal year, and WHEREAS, it is estimated that an additional $30,000 is needed for FY93 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Water and Sewer Fund Increase Estimated Revenues: Appropriation of Fund Balance $30,000 Increase Appropriations: Sewer Treatment - Utilities $30,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of April, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 21, 1993 Adopted: May 5, 1993 Effective: May 5, 1993 r-- Approved by Finance: C^el (4/15/93) (4 1791-1991 e , 5Q' CITY OF KENAI ed,dal 4 4" 210 FIDALOO KENAL ALASKA 9WI TELEPHONE 243 - 7535 FAX 907-283-3014 TO: Kenai City Council FROM: Charles A. Brown, Acting City Manager DATE: April 26, 1993 SUBJECT: Report on Assessment Petition On April 8, 1993, the City received a petition for strip paving on Evergreen, Haller, McKinley, North Gill, Second Avenue, Third Avenue, Fourth Avenue, Jefferson and Eadies Way, as shown on the attached drawing. The petitioners have requested a special assessment levy of 25% of project costs. This is the percentage indicated by Resolution No. 92-26. Also attached is the preliminary assessment roll which identifies the owners and properties involved. There are 195 properties, requiring 98 or more owners to sign; 103 owners of properties actually signed the petition. Estimated costs of this project are shown on another attachment, a memo from City Engineer Jack La Shot. Strip paving costs break down as follows: Assessed to City General Fund $ 10,270 Assessed to City Airport Fund 4,174 Assessed to third parties 170,655 Total Assessed (25%) 185,099 Not Assessed (75%) 555,306 Total Estimated Paving Costs S 740.405 Financing of the project poses a problem. No grants are available. Use of the General Fund Capital Improvement Reserve is restricted by KMC 7.25.090, which reads: 7.25.090 When Voter Ratification Reauired for Use: No capital project approved by Council which requires �,.. municipal financing (excluding government grants and amounts to be reimbursed from benefitted properties) to be paid from Capital Improvement Reserve monies in Memorandum Kenai City Council Page Two April 26, 1993 excess of $500,000 shall be contracted unless the desirability of such project is ratified by the voters at a general or special election. (Ord. 793, 1446) The assessed portion is not a problem; it can be financed from the Reserve. However, the portion that is not assessed, $555,306, is restricted. I propose to appropriate the assessed portion plus exactly $500,000 of the unassessed portion of paving costs from the Capital Improvement Reserve. The balance would come from the General Fund Unappropriated Fund Balance. So that there will not be an implication of maneuvering around the intent of the ordinance, we should be clear about this: this financing method will, and is meant to, avoid asking for voter ratification. The administration agrees with the scope of the project and believes that it is a needed, worthwhile project. This area is very dusty in the summer, and this project will solve that problem. It will also reduce street maintenance. The project benefits many properties. To the west of Evergreen is undeveloped City land. The Airport portion, near the Spur Highway, was placed in Airport Lands by a trade for the HEA site. However, that trade may not have been finalized, and the administration is not recommending development there. The General Fund land to the north has about 1400 linear feet of frontage on Evergreen. The administration plans to rezone the land and subdivide it into about fifteen residential lots. Water and sewer service costs are estimated on page two of Jack La Shot's memo. Our tentative plans are to group the lots into three groups of five lots each (or perhaps two groups of seven or eight each) for sale to home builders. It appears that Council will need to adopt an ordinance stating that the lands are not required for a public purpose and may be sold. Appraisals will be needed, and the land should be sold by auction. Also, when we notify the owners of the public hearing, we should tell them that pavement cuts will not be allowed for a certain period of time, say five years. If they want water or sewer stubs, they should independently contract for them before paving is completed. ^ T SCHOOL 1 AVE. ..J a.rwt satmsa z M HIrN arrH �M """" �"""" SEAMAN ® Mft v. I rrr ..r.r .a,r,. N w.rr NE 0. NrrH N"a., L� wrrsr NrreIceaur. sarw aasrr V ws"H H a.rr wsrwsq saarrs Banns sarrra t .Fr$f r, sawn � 9s,rrlt „ ' U! rtrur. .ww .arn ra na, � aro. rrt 1 r O,NW, :' O ..4.R Nrrr NIIO. Q co NNr, Q� Z W S E N Y N.. R W NrCrN. t� WN FOfReST Nrrr aaNrn r v ' N :a..r. ,a„r, TER ACE a2 r ... .as „ i U O _..,,... 9BET w,rr Niw+ 'i'�••�r MN,W Nwr, ,.... aatnr r [rm w Y " c wWr � i anHr,• w,.,, w,r" w,nn OM � F a„Rt Oa1�Mr NNHN H ND ST. E H L E R N 0 . 2 1791-1881 CITY OF KENAI G'dpddl 4 4�a"„ 210 FIDALGO KENAI, ALASKA 99M1 TELEPHONE 283 - 7535 FAX 907-283.3014 TO: Charles A. Brown, Acting City Manager FROM: Jack La Shot, City Engineer DATE: April 21, 1993 SUBJECT: Assessment Dis rid - Atka North of Spur Highway and West of Forest Drive I have prepared the following, updated, cost estimate for the proposed aswsment district. I have also broken out additional costs to develop about 15 residential lots along evergreen Street as we have discussed. Pave 18,000 LF of streets, adjust valves and manholes, construct driveway approaches, miscellaneous. D-1 & AC 18,000 LF 0 $26.00/LF ........................ $ 468,000 Grading & Preparation 18,000 @1.50/LF ......................... 27,000 Adjust 52 Manholes @ $500/ea................................ 26,000 Adjust 5 CO's 0 $300/ea.................................... 1,500 Adjust 34 Valves @ $200/ea .................................. 6,800 Construct 50 new DW Approaches @ $500/ea ....................... 25,000 Pave 120 approaches a $200/ea................................ 24,000 Miscellaneous Lump Sum .................................... 20.000 TOTAL CONSTRUCTION ........ ....... $ 598,300 Engineering, Inspection, Surveying 12% ............................... 71,796 Administration ........................ 3.000 �673,096 Contingency @ 10 % ...................... 67.309 TOTAL PROJECT ..................... $740,405 Page 2 C.A.B. - 4/21/93 Develop 15 residential lots 15 water services @ $1,000/ea. ............................... $15,000 15 sewer services @ $1,000/ea................................. 15,000 2 sewer main extensions @ $1,800/ea ............................ 3,600 2 water main extensions @ $2,200/ea ............................. !LM $38,000 Engineering, Inspection, Surveying ............. 4,560 Administration ........................... 5M $43,060 Contingency ........................... 4,M TOTAL PROJECT ...................... $47,360 JL/kv EVERGREEN. HALLER. MCKINLEY. ETC. --PAVING SCHEDULE: PETITION RECEIVED KMC 16.05.030 4/8/93 CITY MANAGER REPORT KMC 16.10.010 4/30/93 PRELIMINARY ASSESSMENT ROLL KMC 16.10.020 4/30/93 RESO. SETTING HEARING DATE FOR 6-2-93 KMC 16.10.030 4/30/93 ORDINANCE FOR APPROPRIATION INTRODUCE 5/19/93 NOTICE IN NEWSPAPER KMC 16.10.040 5/14/93 NOTICE IN NEWSPAPER KMC 16.10.040 5/21/93 NOTICE IN NEWSPAPER KMC 16.10.040 5/28/93 NOTICE IN NEWSPAPER KMC 16.10.040 6/1/93 INDIVIDUAL NOTICES MAILED KMC 16.10.040 5/14/93 RESOLUTION CONTINUING DISTRICT KMC 16.10.070 6/2/93 ORDINANCE FOR APPROPRIATION ADOPT 6/2/93 '7` C 5� _ _ N NN-NN�N�NNNN_�� N N ---------------------------------------------------- =- ------------ = -- ----_- ------------ -- a r = a 2 a' - - a a aaa --a-aa2zaaa--2-- o aaaaaaaaaaaaaaa-asaaaa®aaaaaaaaoa-aa--aaaeaaasao aaa- oa�� •--------------~---------•--- -- T - - �- zz �<z '�-ss�ir yr��« « :+W ..��.=�s�:`:as' ig + : z s 9 aa-- O s=_a _esag aaaase =�� - ---- -_---a€s�agg�M® �s - - i - i-'� - - - -- - G - - - - i - - i i -- 7' ----- - - --------- ------ - ------------------------------ c i i ---- -- : a����� _ m 21 ei - i $`�-® i:.'„...�i� - _ -- a= - ---= x_ - _-__ - -= = --- -^..-��S��RSS�SLR _ N r i - -msm - - ! e _ e - + V- = - r_ mp i[ i� O r e o s�p` ii s - _ }}///\/\}\\/}/\/\\\\\\/}\}//\\\\\\\\\/\\\\\\\\\\\/\ E \ 2 - -/E§�=/-/-;SE&§§s§§sE[!§����§§2§�&--=-22-22§§§■s=s=.:5 \\\\\\\{{}\\fƒ\}{}\}\\\\\\\\\\\\\\\\\\}\\\\\{\\\\ }}}}}}}j} -----j--------- \§\§}§§}\kk§§§§7R§§[§§§k£\\k§k§§)\k£k\\2§k§§k§§§§§§§kk§)§§§§k§ zzz .-■§§�g.a - §■ & 2= s§■%§�§�S « - ---= I IZ ---a C 333\«§% }\j\\\j\\}}k\\\\\------Z{jj16}----------- \.......\} =F=l5 mime§;■;,�R=E§s§§ @I;■;£se;E=3§g28=ml2=9■■■2■E22252u22§& a- 04. \)§§j\��\�\\�{�\ §\\ § 7 7 c s�w Suggested by: City Counci- CITY OF KENAI RESOLUTION NO. 93-29 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA SETTING THE PUBLIC HEARING DATE ON THE PROPOSED EVERGREEN, HALLER, MCKINLEY, NORTH GILL, SECOND AVENUE, THIRD AVENUE, FOURTH AVENUE, JEFFERSON, AND EADIES WAY PAVING DISTRICT. WHEREAS, the City of Kenai has received a petition to form a special assessment district in the above -mentioned paving project; and WHEREAS, the Council must set a date of public hearing on the proposed assessment district. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the date of public hearing on the proposed Evergreen, Haller, McKinley, etc. Paving Special Assessment District be set for June 2, 1993. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of May, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Cgp (4/27/93) kl Suggested by: City Council CITY OF KENAI RESOLUTION NO. 93-30 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $3,000 IN THE GENERAL FUND FOR PURCHASE OF A STORAGE VAN. WHEREAS, the City desires to purchase a storage van to store historical machinery and equipment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfersbe made: General Fund From: Other - Contingency $3,000 To: Non -Departmental - Machinery & Equipment $3,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of May, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (4/27/93) kl C_6 1781-1881 CITY OF KENA %%0d CaltaW 4 4,",ff 7 210 FIDALOO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-263-3014 TO: Mayor John Williams FROM: Keith Kornelis, Public Works Director DATE: April 12, 1993 SUBJECT: Soear„� VIM& As you requested, I have called around for prices on 8' x 8'x 40' storage vans: 1. Genstar Instate Space, 1-800-289-4835 Pam: 8'x 8'x 40' = $2,8W + $270 delivery = $3,070 8'x 8'x 20' = $2,100 + $270 delivery = $29370 Delivery estimate: $1.50/mile x 180 miles = $270 Lease/Purchase: 8'x 8'x 40' = $142/month x 24 months + $100 Buy out + $270 delivery = $3,778 8'x 8'x 20' = $106/month x 24 months + $100 Buy out + $270 delivery = $2,914 2. Harris Enterprises, 262-4109 None available. 3. Jean Porter, 333-8948 8'x 8'x 40' = $2,200 + $300 delivery = $2,500 4. JB Stor-N-Lok, 262-4771 He has some but would not sell any of them for less than $4,000. They really aren't for sale. 5. Larry Powers, (Info. from you) 8'x 40' = $1,8W or 8'x 45' = $3,000 The vans that belong to Genstar Instate Space and Jean Porter are in Anchorage. I have not looked at those vans. If the council decides they want to purchase one, we should look at all of them to determine which one is in the best condition. ff4-WT7 C- 7 SUGGESTED BY: Mayor Williams City of Kenai RESOLUTION NO. 93-31 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, OPPOSING THE ALASKA REAPPORTIONMENT BOARD'S RECOMMENDED PLAN TO REPAIR SENATE DISTRICTS AND REQUESTING THAT GOVERNOR WALTER J. HICKEL REJECT THE NEW PLAN AND RETURN TO THE INTERIM PLAN FOR APPROVAL OF FINAL SENATE PAIRINGS. WHEREAS, the Alaska Reapportionment Board adopted a final plan on April 19, 1993 that makes several changes to the Interim Plan as it relates to Senate parings in Southcentral Alaska; and, WHEREAS, these changes were not part of the proposed draft plan that had been put out for public comment after the Board's March 1, 1993 meeting, and therefore the affected public was never given an opportunity to comment on these changes; and, WHEREAS, there appears to be no defensible arguments for making any changes to these Senate Districts in the first place; and, WHEREAS, there are several flaws with the new pairings, including the separation of districts that had common economic interests and the consequent repairing of districts that economically have very little in common; and, WHEREAS, the goal of any revisions made by the Board should be to make changes to the interim plan only where mandated by the court or otherwise absolutely necessary in an effort to limit change and confusion to the voters as much as possible. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Section 1: That the Kenai City Council opposes the new Senate pairings as approved by the Alaska Reapportionment Board on April 19, 1993. Section 2: That the Kenai City Council requests that Governor Walter J. Hickel reject the recommended changes in Senate pairings and return to the interim plan for approval of the final Senate pairings. BE IT FURTHER RESOLVED, That copies of this resolution be sent to Governor Walter J. Hickel; Tuckerman Babcock, Executive Director of the Alaska Page 1 of 2 Reapportionment Board and members of the Alaska Reapportionment Board; Senators Judy Salo, Suzanne Little and Steve Rieger; and Representatives Mike Navarre, Gary Davis and Gail Phillips. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of May, 1993. ATTEST: Carol L. Freas, City Clerk (5/4/93) John J. Williams, Mayor Page 2 of 2 APR-20-1993 15:18 � FROM ~ KPS FINANCE 70 156m246557, 6 P. 02 lolrodno+d by. i311ejc Dow: 4/20M Acd VON UNAI PENINSULA BOROUGH RESOLUTION 93.42 A RESOLUTION OPPOSING SENATE PAIRINGS AS APPROVED BY THE, REAPPORTIONM 4T BOARD WMEAS, the Alaska Reapportionment Bard finalized its recommendation for a now LeEis olive reapportionment plan; and these recommendations include new Senate pairings for the Kenai Peninsula Borough; and •i. 1 • •� • • 11 11 .1 ,.0 _ • . r �. '1 4-�X l• I - .1 • � •�1! . 1 ' WB RT.AS, during the put .year, the voters in .the Kenai Peninsula Borough have had to adjust to dtasnges brought on by the 19,02 rea9. - .orm at of rise state legssiative districts, the IM reapportionment of the Kenai Peninsula Borough assembly districts. the reconfiguration of the election precincts, the. reduction in the number of borough assembly members, and a closed ptimay; and . WREAS; the 1992 changes shone 'caused great confusion about where and • foe whom fliddents-would vote; aisd WHF1tEAS, continued manipulation of election districts will only further disenhan se voters, NOW, .T nWORE, *BE 1T RESOLVED BY THE KENAi PENWSULA BOROUGH SECTION 1. That thee Borough Assembly suongiy opposes the new Senate pairings as approved ' by the Rokoportionment Board on April 1.9, 1993. SECTION 2. Thu the Borough Assembly strongly urges rejection by Goveinor Walter J. Rickel -of these new recommendations by the Reapportionment Board and that Governor Nickel return to the interim plan for approval of the final Senate q,JIQNT03__93 11 $�,LEGI$ TUREyS�JP�I Y TO 1868881465376p 3 P.03 SECTION 3. Tbat copies of this resolution will be scut to Gova= Walk J. HiCtael, Tw*w BibcocY, Icocutiva Diroctoec to the Alaska $aeppocdanmeat 8otrd, and members of the A1af mmmm BONM; Setnwn Swam Ludo, Judy Sato., Steve Riezer, FM Ziuroff, GeorgWm L4umin, aad Rspa+e on"ves Gail PbiU4 a, Muse Navarre, Gary Davis, Cliff Davidson, and hone Nadia. ADOPTED BY TEE K NAI PZN NVJI..A BOROUGH TBIS 20th DAY OF AtEII,,199ri. mayJ. Glick, An=biy PMdqt ATTEST: . (3ay® J. Vauwhm, Bom9ft Clark h 'Zold Pa iwAM3@ %k. AMia li obmim 93-42 'bp 202 CITY OF SOLD:OTNA RESOLUTION: 93-4 A RESOLUTION OPPOSING THE NEW REAPPORTIONMENT PLAN AND REOUE'STING THAT GOVERNOR WALTER J. HICKEL REJECT THE NEW RECOARA'ENDATIONS AND RETURN TO THE INTERIM PLAN FOR APPROVAL OF THE FINAL SENATE PAIRINGS. WHEREAS, The Alaska Reapportionment Board finalized its recommendations for a new Legislative reapportionment plan with no public comment taken regarding the resulting Senate pairings as they were not part of the draft Senate plan; and WHEREAS, These recommendations include new Senate pairings for the Kenai Peninsula Borough; and WHEREAS, During the past year, the voters in the. City of Soldotna and the Kenai Peninsula Borough have had to adjust to changes brought on by the 1992 reapportionment of the state legislative districts, the 1992 reapportionment of the Kenai Peninsula Borough assembly districts, the reconfiguration of the election precincts, the reduction in the number of borough assembly members, and a closed primary. WHEREAS, These past changes alone caused great confusion about where and for whom residents would vote, and continued gerrymandering of election districts will only further disenfranchise voters. NOW, THEREFORE, BE ITRESOLVED BY THE CITY COUNCIL OF THE CITY OF SOLDOTNA: Section 1. That the Soldotna City Council opposes the new Senate pairings as approved the Reapportionment Board on April 19, 1993. Sctin� n 2,, That the Soldotna City Council requests that Governor Walter J. 'Hickel reject these new recommendations by the Reapportionment Board, and that Governor Hickel return to the interim plan for approval of the final Senate pairings. JUN 03 '93 11:39 LEGISLATURE SUPPLY P.5 City of Soldotna Resolution 93-4 BE IT FURTHER RESOLVED: That copies 'of this resolution will be sent to Governor Waiter J. Hickel, Tucker Babcock, Executive. Director to the Alaska . Reapportionment Board, and members of the Alaska Reapportionment Board; Senators Suzanne Little, Judy -Salo, Steve Riagor,. and Representatives Gail Phiilips, Dike Navarre and Gary Davis. ADOPTED this _ day of April, 1993. iil' . Reeder, Mayor ATTEST: Patricia C. Burdick, CMC, City Clerk 2 4/22/93 -. S Senatorjudith E. Salo Alaska State Legislature May 4,1993 The Honorable Walter J. Hickel Governor of Alaska P.O. Boot i Juneam, AK 99801 Dear Governor Hickel: I would like to express my opposition to the proposed changes in Senate pairings as recommended by the Reapportionment Board. My c6ucern with the Board's re a udabion is related to the changos made in the of Senate Districts D, E. aasd I. These Senate Districts ' �cclluds the three Zxusstricts on the Kenai Peninsula and three House Districts in South Anchorage. As you know, at the March 1 meeting of the Reapportionment Board, final changes to the House Districts were adopted. At this m,eedng, the Board also presented proposed changes in the Seagate pairings, and put them out for public comment. The proposed changes in the Senate Districts included the re-pairi>i�g of the House Districts in Senate District I with the House 'Districts in to District & This plan would have put Senator Judy Salo and Senator -Steve sie' into the same Senate District. On April 19, however, the Board adopted a final Senate pairing plan that was completely different. It was a plan that had never been advertised, or presented to the public for comment. The recommended plan sent to you. imposes changes on thousands of residents in South Central Alaska who were never even given an opporbuity to comment. This new plan splits up three ezisting Senate Districts. This proposal would pair Kenai / Nikisla (9) with HoMar (7% Soldotna / Seward (8) with the Hillside area ofAnchorage (18); and the Ocean View / Huf fan / Klatt area (10) with Dimond / Bayshore (17). The first question that comes to my wind about thane changes is "why?" While it appom that there were court decisions that of kded the dianges in some of the affected House Districts, there were none that required changes in the Senate pairings. I have been told by Tucksrman Babcock that the impetus for making any changes in these districts came only from one: Board member. Her goal was to see the South Anchorage House Districts paired difrerently. I did not Sind the arguments made in favor of repairing the Anchorage districts at " the April 19 Board meeting cam »ng. Such toga as distances between houses and subdivisions that look alike are not, in my'miad, issues that warrant such consideration by the Reapportionment Board as to change the boundaries for so many districts. South A„chorage • Indian • Bird Creek • Girdwood •Hope • Kenai • Nikiski • KaliJomsky Beach State Capitol • Juneau, AK 99M • (907) 4"-M0 • (907) 40-37" FAX .441110NO a ~40My wMW "N 03 193 11:40 LEGISLATURE SUPPLY P•7 Governor Rickel Reapportionment Page TWO The Alaska Constitution directs the Reapportionment Board to consider many issues when re -drawing legislative district lines. One of these, issues is the similarity of economies. The interim plan did a very good job of pairing House Districts in these an" that had s zWler economic interest& Homer and Seward are both coastal comsauaides of similar size and with similar farms of gavetnio"ent. Their economies are both built around fishing and marine transportation. In addition, the K ai / Mk*K me had as aamamv. that is more weed by the oil industry. , thi q ° 't1 row I Huffim n /lit district of South e' �o� f.*4 oil ,W464y or the ail- AOM service compauie6. BX cowpns s+A!A Hal" eat have almost no*Ang in common, oapt that as Boas dwo4gh both areas. Axe, these changes logical? As you well know, the 1992 was Muftuing and frustrating to the voters in Alaska. Not oniy'Weeree the nts of state presented with a closed primary for the first time in many 'tut they had to deal with Mantof legislative disttiets. In a ilk � the aa; were subject to d6s b o y flits lets and a in the size of the assembly. If's no "C"t t the 1992 elections were probably the most conf dng elections many voters in this state have ever faced. It is difficult, at best, to get peo$o interested and concerned enough to actually vote. I believe, as elected officials, we ,should do ev ---ag in our power to ensure the least amount of �chauge takes place 4 $void disenf-Anchiaiag "ton any more. To change electim dbtcicts onceMid' raw , Ahe risk of creating further dissension ` among the voters of Alaska, should be done for only the most compelling of reasons. I am attaching a recent editorial from the Peninsula Clarion. I thought they did a good job in summarizing the mein issues that are of concern to me with this plan. I respecdWy r1equest that in regard to the Senate pairings in South Central Alaska you reverse the recomcp►eAdations made by the Board and return to the interim, plan. It is a plan that is faqir, will not result in more litigation, and repress minimum disruption to the people. Sincerely, t Judith B. Wo E attachment New reapportionment plan seriously flawed Wc suspect "nappordomm" is am of dm word: that causes most people's eyes and an to glass ovat Mau people just don't mad or bow who 66 laws. It Was some work W figun am bow Mopedimmant — whm:b is the mitswing at Political boandwes; every LO years — a&m a peum's everyday Ufa. A nappordoomeat plan n guy to IV= antil it starts: cbang- ins the poddeal boandatiat of your nalghbodboad —.;wbictk is ag- actly -bat the plan approved by the Goverear's A~ Rap. poedonment Boned eadw Ibis maft does. IU pin would pit Sam Saunies L*W D4ddotaa. end A* Salo. D-Kenai, in a tam i6sim ebb odur come 1994. An extiler plan. WbWk want out Iler Public CMMIIL would have put Salo in a me against San. Steve Mom R-Anchorage. in 1994. % wpgcdm die ha ttmt WWI newast plan of Jeer over 5 patcent of the People: in Akft and kanea only out sgu, tar's (Salos) am to be sbame1ed. Uafagausely, the Kenai Peninsula is Wb" much of that A#Md pa"dadoe am and de; senator whoa* am is cat is one Of OWL The bosed's wwm plan is Sawed Abrou" tamone. For SOM16 We J= M aeateara,TM M dedn was held under pab" boandadu appond by the U.S. Twein Depus. mast. Tbens an mom thdoe doom malt aquis in AGO. wide We W"don of some mom dMm* to Name dinim whkh bm been 1,11,11dead by ftsm 0.-- �-- Second rho board appaved *a -"galls do pabbo know- ing it was being coneidited x its msrra ' an ApH It The boad bad seat out a dU&m plan for 30 days of public commaiL Tbat wee the plan ,that would have pluad Salo ad Bkgar agalast sorb other. tia people who live W Un Salcloasa4ewud an Wale's disaia) would be topmecatod by somacqa dwy badoo mpg -P - ty to vow on. ainat Rieger's mom wadi a& be dwowd wader the plan. Under the newest: plu6 am i4m bdt of R*wls Alp aria would be entirely new. Now of dkin people will have W the appaskalty, to aim RiagaL In = bqok thees *K ispatuats- tive goveamm FGNM6 Gmaman ecticando =dridw W a commermian of the Ig, -1, eat bond what tbeymaki thakpokho ofdIstdo. Hamer and Sorted have far man la,commean dian Sorted end to ADChGMP HMMO diNdCL By dw sWe tabus, Kf=L NW Id end South A*boage, by Vey of their W*mdd actividn. lum man in commost then Hamer and X=@L Fwally, dm ut *a Da"fical meacias to oppose the plan. At law some people on dw nappatuawAot bond vW all you they didn't know Haut an the peamula. The coincidance bavev4m of mG hm* Demactadc SaglWaam having a ran agaimereack adw in 1994 is Just a Ask had to swallow wbn the A"MbRaft M in. pow. It's difiloak to believe that Padua PON" down't play a Pon in dig ce+atat Plan. N this isn't PON" MaMG*WIng ad macipalaa ins, wbat it? Podda addai bow %bm an eacalb other num to kap Gov. SkIal fim approving dais plan. The abanpa in dismicts for the IM election eased Vona Novo 006hal" ad the am rwm nappoviowneat plan will som only to foneor disnafta- 4bige Vomm. We up you to write to the govemor opposing des Plan. Com- ma= should be addressed to Gov. Walter J. Elickel, Box 1. Inman. Alaska. "011. OP MON An -a ItAlack on one c jeopardizes every( The number of gays, lesbians =4 bisavals that mumb" in Wtihbow D.C, I= *G& was twice dw papalei" of Alaska. according to organisers, Fld That nambar at mmtft re nnm a teal three- doe. M Jut a On* vaft bW— 7W will at now 1W am than did in 07 O Bill Cliaten abickpined out of Oppelting at the event, saying that pndd@M don't P to MarcheL He must have, dwaW Bobby Kenaeft. to MgWY SeO,- Cral, wet egawwady UMOSPICuous marching next our to Martin Lather King. law: ahwa,a; I nba would have mews bite a hero in and ttet � WXM boo*, but Mlaed any dwa of a-dec. T fica 60to 3ft am more people who will age JUN 03 '93 11:42 LEGISLATURE SLPPLY P.9 SENATOR SuzANNE LITTLE ALASKA STATJ? LEGISLATURE May 4, IM Hottorable Walter J. kuCkel FO Box IMM Tau, aka 9MI 00E)1 Den Govemor Kkkel, I would like so oomment on the proposed final legislative plan submitted to you by the Alaska Reappordaument Board I object to the method the board took to finalize the plan, and I obj d to thear final decision on date Senate pairings. The Alaska Reapportionment Board finalized their recommendations for the legislative plan ** public comment period had closed. This is wrong. The public comment perioda� preceded the board's final decision was for a different plan with diifeteett Sedate cgs for the Kenai Peniitmda Borough districts. It is unair to the communities iniolv6d to alter the reapportionment plan without giving the people of the areas e0ecled a dNknm to comment. As Y*u IMOW, the Reapportionment Board changed the Senate pairings so the votes in the CurMt House District $ will be pained with the voters in the current House District IS. In other hl►igal�ds, Seward and Soidotna will now be paired with Anchorage instead of � ether pevo*la coutmuitities. If the final reapportionment plan is approved, the people in the Hdtose Dilrrtact 8 UM MM &v a do= to yft for g3k Senatorl Their area will simply be combined with the current House District IS without the chance to vote. This is unfitir to the residents in the current House District S. No public comment was, or will be, taken regarding the resulting Senate pairings as they were not part of the draft Senate Plan, I also object to the board's Senate pairings of House Districts 8 and 18 based on tine fact that during the past year, the voters in the Kenai Peninsula Borough have had to adjust to changes bwuSht on by the IM of the state legislative districts, the 1;M rsrappartionment of the Kenai Borough Assembly Districts, the reconfiguration of tote election precincts, the reduction in the number of borough assembly members, and the closed primary. These changes alone have caused great confusion about where and for whom people can vote Junty-JumSTATIS CAPITOL/ JUNEAU, AK 99801-1182 / (907) 465-2526 / FEY: (907) 465-4779 &�Pawcamzimw Ju&DessAw. 3 M %W—ORNM SUCH ROAD. SOLDOTNA. AK 99"1 / (907) 262-" / FAX (907) 262-IUI � Sddrvu - Hma - And w Aomc - Ciam Gulch. Nuil & - xww. Seldow - sudina - Coopa undin6 - Moos ?M - Sw,,.A L,pidwCM09 © -M- *. -. I support the cMjr#Z# Senate pairings for House Districts 7 and 8. The casnmunities in these districts share similar social and economic backgrounds and are a part of the Kenai Penins;W4 Borop9h. IU =Wrpportioiva>t plan calls for Joining Seward and Soldotna with the TJ I ppwift" am of AmdmxW which is not similar to Soldotna or Seward either socially, I&-munnically, or geogmphically- The new pairings are contrary to the guidelines establWold by -the courts; kc reapportionment which call for districting voters based on dukAmiladtift. The people of Soldotna and Seward have voiced their wishes to me for retaining their close ties with other Kenai Pw*wula Dwough cities and voftg districts and they oppose any efibirt to pair the cities'hmw 41ofticts with any odw district other than one located within the borough. I urge you to consider carefully the ramifications of adapting the Alaska Reapportionment Board's for changing the Senate pairings on the Kenai Peninsula Borough and I ask you to retain the Senate pairings wader the interim Plan - Sincerely, TWA F#-, 0 JUN 03 '93 11:42 LEGISLATURE SUPPLY P.11 An *VeMl�ar�at 'A3... t�ale� 0 Sesohr Historical Summary on the Issue of Senate Pairings by the State Reapportionment Board In 1992 the State of Alaska Reapportionment Board (Bond) finalized a reappor- tionment plan, as required every ten years by the state constitution. This plan was challenged in court by several parties and ruled unconstitutional by the judge. The court then drew up an interim plan for the 1992 election and di- rected the reapportionment board to go back to work and come up with a new plan that met certain requirements as established by the judge. On January 24,1993, the Board adopted proposed House District lines, and these were &aalized at their March 2 meeting. There were several changes in House District Fines from the interim plan. These included moving Cirdwood, Indian and Bird Creek from House District 9 (Kenai / Nikiski) to the existing House District 18 which includes the Hillside area of Anchorage. Hope was moved From House District 9 to be included in existing House District 8 (Soldotna / Seward). The Cannery Row residential area along Kalifornsky Beach Road was moved from existing House District 7 (Homer / South Soldotna) to District 9. After these House Districts were finalized at the March 2 meeting, the Board then adopted new proposed Senate pairings. Rather than leaving the Kenai / Nikiski district paired with the Ocean View / Lower Hillside as it currently is in the in- terim plan, the Board proposed pairing the Kenai / Nikiski district with the Hillside district. This change paired Senator Salo against Senator Riegec The Ocean View / Lower Hillside district was then paired with House District 17, the other half of Senator Rieger's district. This new plan was put out for public comment. Arguments were made during the public comment period to return to the interim plan for Senate pairings. The Board met again on April 19 to adopt a final plan for Senate parings. After a lengthy discussion on the pairing of these districts, the Board adopted a totally new plan that paired Kenai / Nikiski with Home; and Soldotna / Seward with the Hillside district of South Anchorage. Point$ o/Cfaan.W/M �wr/ pigs • A new Plan is not necessary ?here were no court mandates which required changes in these Senate pairings. The inspiration for re -pairing the Senate Districts came from one Board member. Representation for residents in six house districts is going to be drastically affected because of the wishes of one person. • The Reapportionment Board at it's April 19 meeting first voted on whether or not to return to the interim plan for Senate pairings. The vote failed 2-3. Vot- ing for returning to the interim plan were Orie Williams and Robert Pickerall, the two members who have served the longest on the board, and are the most experi- enced with the mission of the board. • The Senate pairings adopted by the board on April 19 were not the proposed pairings adopted by the Board at their March 2 meeting. The Board solicited com- ments on the proposal that paired Kenai / Nikiski with the Hillside area of South Anchorage. The Board adopted a plan that nobody even knew was going to be discussed. • Senator Salo, who has a four year term under the existing interim plan, was the only Senator to have her term shortened from four years to two years under the new Senate pairings. However, the term of the Anchorage Senator in the new Hillside - Seward;/ Soldotna district was not changed, even though over half of this district will be new. This means the residents of Soldotna, Sewa dd, and the other communities in the existing House District 8 will have a Senator unposed on them, without ever having the opportunity to vote for that person. • Common economic activities are supposed to be a large factor when the Board combines two House Districts to create a Senate District. The communities of Homo and Seward had a lot in common. They are both coastal communities whose economies depend heavily on fishing and marine transportation. The oil and industrial b3 luence of Kenai / Nikiski was well paired with the Ocean View / Lower Hillside area of Anchorage. A large percentage of the residents in this South Anchorage area are employed by oil companies, and oil related service companies. On the other hand, the economies of Seward / Soldotna and the Hillside district have very little in common. JUN 03 '93 11:44 LEGISLATURE SUPPLY P.13 Wae� AV... N.w� • The Board submitted a written report to the Governor on April 19 following the meeting when they Finalized theirrecommendations for changes to the exist- ing rapporti000unt plan. It is sew up to the Goverstw to maize tht final decagon. • The plan adopted by the Reapportionment Board is only a recommendation to the Governor. The Governor can choose to accept the plan as is, or snake changes• • The public may submit comments to the Governor on the Board's proposed plan. These comments should be sent as soon as possible. The Governor will than make a final decision, which may be influenced by the comments he receives. w4fat ooa be Pose • Letters can be written to the Governor expressing your opposition to the changes made by the reapportionnneat board.. Our goal is to return to the int+eeint plaa, which is the plan we are currently operating under. Letters to the Governor should be addressed and mailed to: The Honorable Walter J. Hickel Governor, State of Alaska P.O. Box 1 Juneau, AK 99801 • Public Opinion Messages (POM's) can also be given to the Governor by calling his Anchorage or Juneau office. This is the quickest and easiest way to get opinions on the record. Governor's Anchorage Office - 5614228 Governor's Juneau Office - 465-3500 Please send or fax a copy of your letter to Senator Judy Salo. Address: State Capitol Phone: 404940 Juneau, AK 99801 FAX: 465-8766 « Owes of Chance and Contests of Skill PERNITAPPLICATION ' P.O. Bar /10fMb • �++- AS 05.15.020 and 15 AAC 105.100(a) Please read the instructions before completing this application. All sections of the application must be compleiled V 1. NAM! of OII"MIATION y.Assumption of Virgin Mny Orth. Church BOX 1227 CNy, dells. 20 Cod. 2. TYM OF ORGANMTICN s. TYFE OF !.lot by aerrtnron CMok one box. For ' I ftaa am Wane M other then MOM milled. five N OLI ILM 0 and 16 AM 105.010 N UM O and 16 AAC 10(L110 -- 0 a ohnawe D b. CNb or Service O C. D" Mwhoe' ANoWOM ❑ d. r..[IF A - O e. FW*lg Darby AmdWJon ❑ f. Fnf mW ❑ g. tabor 0 h. Mimtm�dty ❑ L Nor prollt Trade Asaocisiom O ). oU*Md Motor Meoolallm ❑ k. Police or Fine DMMWWrt aW Cengny O L POEbM a. veferaK 4. ORGAN = A:: ❑ capor"m O PubNC 0 Private PAssociation O a Wnpo NOTE: Wile grins m:aft not be held !acre Men fourteen oowelorre In a cal - Wider marsh with no more than 30 ganM pa veeebn of mNa Of 98WAL 30 b. PAM n & Lonerlee O a A&Tmbe O d. lee Claeela ❑ e. Dog Muohem' Contem O f. Fish Derbies O g. Rain Claelce O h. Meroury Claeebe O L Boone Claemb O ). 11aMrron Clnelo O It. Conlvae of skin O 1. lArkenrarrahlp: Rft. Archery or PMM O 2. Rom D S. Treat and Field Events ❑ n. IOng Bannon dart i. ESTIMATED ion alto" RECm" s 2000.00 s. LOCAL OFPICNE OWN be oument bona Mde mernbea In good M dk:g) III& RINWAL APPLICATHM Moot Mhos!!! Yew pow N4e01a: laooed: AWAM 6*11110"m Am 1111110Ub1iC iw O Cilrrm Alm* mwflbolMnp m (mat now et" M u D 0oplyd—tcurt!ruooairoo'porlog 1*0%%ftr.qf%dMdeoo" of oNtAeoM of oenpNnoo arrrnrrdlnerht an0 aerMlaMil►ef eftlaltdrnartVMaPe- O Bead reot*SawmWAmeoppokigngthe pol mynw6m (�Mt:uelbne). O Prod 0111Mgp lMeppMeMMed wNh the neenetdl(rM'hw1�h po+inr►ln+a s1• O0 p I Vala000untnun+a.gtsetik+ro�tM adWwoeeltoteptane rarrmba: 4Q44,6`, M L NEM/ APPLICATM Number of rem o�entavlbn tine been In er:istaroe w AMka: 1941 ATTACII sw legoiiditg momw v um: (attach Q1 Currant �IdrNq — Itoe (mat haw► at m" cerlow boll aw 0 iflil" of IrwWoal0on, a copy tat the datlllaaoe of oaflploftan.oltd a copy of by*n and na*" and atoll nI WIM Q oapy o1 00 emdluw or wx War or tax MnMd b orgar�lAarw. M applbawe.. _ID,. # 092 005 9771. f� OoaimanaMonahorrMgo�yarNzaOonnMbMnlneld le a ImAlafttv"y"m or more (*+ break etterr aft, Ooneepondonce to the orgerwAo m, feoetpts for owvbee wndand or supplied, etc.). O Board rwONMbrt or mint« oppolntkrg Me pAmay mamba In ohago of g— (sae Inahnratlom). Proof of flbO Vo oppll , wllh the want dty orborougtr (eve MbvaOona). Name and ww" addrm of NNbnal ogmtmwn (M ep F -- - 1: 7A. 56TOMTW 1902 CROtIe FMOPI . . M FOR DEFARTME IT OF CO1 MMB AND ECONOMIC DEVELOPMENT USE ONLY Perrdl "Umber Date of lean OuarWV Report POW 131 O 2 ❑ 3 ❑ 4 pMwww sawamww. O Yew 0 me 0 New 1% Re O Yoe 0 me FEE: Chft' ltY op Alpr10 boot aW orrcboe Me COMM ancanL WORM reeeyr ham ALL pndUdngrim e ogle. aria.) Then Me 1 sgZ g! "'ill aw III wefo: pow to le: M$0 - $I f W or b you an a New Applcart! ..... ....»................. $20.0060, O s2o.otl o - s90.tIIPP................................................................. $0.00 ❑ :100.000 or man ............................... .....»......»............». $100.00 Of ReOe+t !lamp NOTICE: OAMIING ACTIMM MAY NOT OR CONDIKIM UNTIL THE PERIRr R MURD. 00. M (Rev.7AM (1) DEDICATION OF MET FIIOCEEDL Eaon a pwmlt flirt be gtiN01, tlnefsaltMalbn MW pan a tee #W net FWGP s Imm gaming wg' Ms ar Mteesw I of prttes, and Mr p>tMI I III I III r li►" public, charitable, paUlaMc or nlolaus was IN ALASNA (On bsYYelsrr for epoaMc ndss on how proosedsaan aadoarawt bespwq.) MlMspoosbllsMl►,11wlYirerOanitMlonplansbuswtulNrebdMlrAvmtl�sMpNlss bohslrer.nMidloslawhrtarrc•.hfodbMrslahrasMp,IMs�11Nnp Religious - Church supplies ecandles and ets. 10. PttRiON IN CHAIM OF GAMS. This must boa bons We and sailor member of the qualified orgw*sAbn, or an employes of the munldpoilly. This person Is rasporwlbl• for rminta nkq Up reowds and propsrkhq M the nquked r.F IL I An siternsa a the marrow must W dwiOrhsted, ss the neporhable Person dwMMl.th.11bssrht:e e ppirmy maMbe in charge.na ge. It ve than one aMenute Is to be �if01Nd, alisch a sep"o sheet and prWlde the r•quked bfonnaMon slued for on this pale for each. M stay, prlatary w pownste nis a u ln chap. ahw" durkq; the Sale do year. you we foghtr d a "My the osportmwa a the new pov oo(s). Dub" a espp of IMa fr�wlfl nIeUM eR er nulntugss ad rhseMrps sppelnMrq IM prkrMry nwrnlfw and yhkq auAhefNy to tM prirrhary rrhsrrhbo M ehass to sign Mrs applonlik s Stan 11" M Ntw «goninNew N1YAM D. ALTERNATE Nam DGWOM TdWow N& Hams Daylms WOW* No. V. Rev. Paul Merculief 522-4614 Sharlene Rooker 7 - 363 Mof" Address Sodd security, No. ftMMkp Address Sam oa=* f/o. -Box 1227 Box 7426 airy, soft ap Coda 1119 Clry, ease. np code TWO 11. LOCATIONQRam+Des,you lnwfnotlyboM VWDepWWAM a Oomm«a►1pa Qoorhenio DWstopuiwht and Mrs• boat govonrgent w1tMi 10 days. (Fes fnele Mean one iopatbn, ettahoA • esluarale sheet) Name end ebeat of Ftwttass 1o► ladh Ilanap Ac *. AqMh Addloml PIMM ae Needed #idly Assuqption of Virgin Mary Parish. Type of own* am, Contact Person oavow Tstepl W 3. 4. s. IL OPWVM II a any), M art epwaar Is enyrlsy d a conduct Mrs oaakq activities, you must provide a copy of the Goast with the op at, to the Dspati nmt of apnmwesand E00"I o Development M WWI s days 1%610re Mail' commence. You may call ad with ohy one Up On at a tlfrne for esxih type a gMMrilnp acavNy. Tho meniuw who has been 14 111 1 d above as the pwhlerh In "a of the go b nl"o isle tar, "Otorkp the operator's porforrnarhce. Nana Of lJowhe•d Opsralsr Copy of Coabeot with Operator: O is act c hod. O Will be sent by certified Mal no War than 15 days bsien the aolNNlas are concluded. 1i. TM= 011E5TlOM fM1lST EE ANSWERED. YES NO O O A. Has any person Mad la 10 or 12bovo over Isom oonvkad a. or an pwato fora felony wfthin Mw pr s c ch g fiveyears In eny aisle, lsnllary, or foreign saw"? O O a Has any person Noted in 10 or 12 above over'boon oonvkbd a e edm• involving then or dishonesty, or has •var been convictoda s vblalon In any stale a e nlmicpM, stele or l dwal gu ib ilcup lead' 0 O C. yVN1 arty person Mad la 10 or 12 above toWu ooMps all, a any iand from the noefpleof tho pstrhk+p aowlbol M yes, explain. u. SIGNATURE. Thisapptioaton mustbe signed by the prlmary person In charge of games bled In 10A above. CAUTION: A plhot000pMd soma" will not be scospbd. Make sane that the WOW stgn•d.ppllatlon Is flied with the nopish -- i of Comments and Eoww o.wlopm.m. I dad— undue ponally a unewonh fabt!laibn #W l hsw exendned rib oppkedon, kwkodkhg arty attsdhmsrht. and that to thebeet of my knowledge and belief N is true and OMMM•. I understand that any felse saleMwd .. on this appkellon Is punbhable by law. I further I clshe that two copies of this appft "' have bean cloth. - to the mustt dry or borough oflloo lw rWlsw. etphd.e X e0t Paul Merculief ow � V. Rev. Archpriest 1s. CITV OR DOIIOUON REtIFOM TO APFLICATIO ou nnM uxrbMI MA Po copies a tie appNahtlon tome city orborough I'm at to ew boalon oHM proposed vsmk+p soNNNa. hoof of IMkp mot soosmpany this application. Sea khsbuctbns. To speed poc•ssirhq. pleas• have the appropri*e lm* go"mmwN off hm kxkee. by "re bsbwr the commw t * M - of or sbjscton to the pwmL CAUTION: M this .silo M not osmplst d, tho pro"a! 1 I wM be do" 15 days a aMw the dry or boo tkno a r"pond a this ippllcoill THIS APPLICATION HAS LOCAL OOVi1MMM APPROVAL 0 YU U NO (Aaooh eWb.0 . e/ eklwaee) saheYre of Uwe on Oovwr awnt OM W Tissocuir I Ddr I Phknxd 1W .w otPow n Who Signed Telplwhw Nun6w NOTICE- ANY FALSE STATEMNT MADE ON THIS APPLICATION W PUNISHABLE BY LAW. (2) 0e-40ee (yANi U -/ -6 EENAI PLANNING i ZONING COMMISSION April 28, 1993 - 7:00 P.M. City Hall Council Chambers xxznu 1. ROLL CALL Commissioners present: Duane Bannock, Ron Goecke, Carl Glick, Phil Bryson, Kevin Walker, Lori McComsey Also present: Councilman Smalley, Jack La Shot, Loretta Harvey a. Election of Chairman MOTION AND VOTE: Goecke nominated Bryson. Walker seconded and moved nominations be closed. Bryson elected Chairman. 2. APPROVAL OF AGENDA MOTION AND VOTE: Goecke MOVED approval of agenda as presented and asked for unanimous consent. Walker SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES - March 24, 1993 MOTION AND VOTE: Goecke MOVED approval of minutes as presented and asked for unanimous consent. Walker SECONDED. PASSED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PUBLIC HEARINGS a. Resolution PZ 93-16: Encroachment - Jackson La Shot reported that the encroachment was for Lot 9 Block 2 Deepwood Park Subdivision. The encroachment was 12.6 feet into the setback, but did meet the criteria of an encroachment as defined by the code. Bryson opened the meeting to Public Hearing. PUBLIC SEARING - ***VERBATIM*** Marion Nelson, P.O. Box 3612, Kenai. While I live in Nikiski, I own the two adjoining lots to the encroaching property. I object to this encroachment since it does, as you can see by your plotted map, it comes very close to my property. This situation has obviously slipped through the system a few times to get to this point and obviously, if you're going to have setbacks they should mean something to somebody. If you' have them and people do not have to adhere to them, than why have them? In talking to some folks wiser than I today, in reference to this situation, the main reasons for setbacks are aesthetics and keeping people from building right on top of each other. I view this as a serious problem for this particular house, being 2.4 inches from the line, if I'm reading this correctly. I don't know for sure what I'm going to do with that property. I thought I might build on it myself, I don't know if I will. I don't know if I'll sell it. I don't know what I'm going to do with it. But obviously, if anyone else was going to buy that property I would have to inform them of this situation. It may be a strong deterrent from somebody buying this property. Maybe a builder would say I don't dare if this house is that close, it isn't going to prevent me from building a house on this property. But if a buyer were to come along and buy a house on that property I would not care to have that house this close to the property. It could seriously impact it. The way that particular house is configured, as far as I can tell, they do most of their living in the corner next to my property. Their kitchen and living room are kind of in that corner of the house, there's a lot of glass there. They kind of move up and down into the ravine, just below there. It's an attractive area, I probably would do the same. I would like to hear your opinions on this, and I would like some suggestions. I think at the very least I should have the same easement for myself. I should have a 2.4 feet setback also, or be okay for him than fifteen foot, setback your comments. These and there are not man y ***END VERBATIM*** Bannock Looking at our map, just to verify, this would be lots 18 and 19? Nelson Lots 8 and 9. Bannock and is there any structure on either of those lots? Nelson No. I would have to guess that this house was placed there very intentionally. Bryson I have a question for Jack. I was just out there looking at this, and that end of the house is actually one story high and they have a deck of some type above that area. The house doesn't reach the greater height, I don't know if it's 12 feet in or 20 feet in, but you interpret that as the type of construction that would require 15 feet? La Shot The applicant told us it was a two-story house. The code isn't very specific on it's definition of a two-story house. Nelson If Jackson is not interested in buying a strip of property from me to make their property meet the setbacks. If for instance he did would that make my setback 30 feet. If so, that would making building on my lot nearly impossible. Bryson asked for further public comment. Seeing no one who wished to testify he brought the item back to the Commission. MOTION: Bannock MOVED approval of Resolution PZ 93-16. Glick SECONDED. ***DISCUSSION*** aoeake asked Administration if the setbacks were in existence when the house was built in 1985? La Shot the setbacks were the same but the house was built before plot plans were a requirement of getting a building permit. Walker asked Nelson if she had a solution? Nelson said she would at least expect the same setback situation as Jackson and possibly a privacy fence. If she built on that lot or in the middle of those two lots, the spot she would pick would allow the house to be seen. If the house had been built within the setbacks it would not be seen from her lots. She bought both lots for the sake of privacy if I wished to build there. Bryson asked La Shot if another structure was built similar to this would fire code require a separation of 10 feet between these structures. La Shot said that he thought you needed 3 to 5 feet from the property line before a firewall is needed for residential property. Bryson felt the simplest solution would be for Jackson to purchase a strip of land from Nelson. Nelson said if she sold a strip it would affect the ability to build on these lots. Bannock the only reason he is swaying toward voting for the encroachment is that the owner did not create the encroachment and it does meet the code criteria. He asked Administration if the permit is denied would the City be ready to take any action in regards to item (f) Unauthorized encroachments: "Unauthorized encroachments shall be immediately removed by the owner upon being given notice by the City. Notice shall consist of a written letter, sent by certified mail return receipt requested, or by personal service, explaining the violation and allowing twenty days to remove the encroachment." Is the City willing to enforce the code? La Shot The only enforced encroachment he could remember was a building that was actually in the right-of-way. This building was removed. Bannock felt the permit met the code requirements. MaComsey asked Staff if the fire code requirements were not met does the granting of this encroachment cover that? If they had to put up a brick fire wall it could be a problem. La Shot said it could cover both. A stipulation could be placed on the granting of the permit to meet the building codes. VOTE: Bannock Bryson Glick Goecke Walker McComsey Vacant YES YES NO NO YES NO MOTION FAILS. Harvey said she would contact the applicant regarding the appeal process is he wished to appeal the Commission's decision. a. Sign Review - K-Mart La Shot reported that the submitted plan for the sign is 145 S.F. the S.F. of the sign including "structure" around "K-Mart" equals 170 S.F. More than one business is on the premises, therefore up to 154 S.F. of "sign" may be used. It is the Administrations opinion that the sign, as proposed satisfies the code. Bannock said he couldn't remember ever including the frame of the sign as part of the S.F. He felt the sign met code requirements. lip W*� lvj�x� El 4 m- NOTION: Walker XOVED approval of the X-hart sign plan as submitted. Goeake BECONDED. U474-4 -F Bannock: .,Bryson . Glick . Goecke Va-lkar ...:.... sy... Vacant YES YES YES YES YES YES • . is _�.<: a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) .. 4 :1 � :a a. Quandt Property Bryson noted the letter from the State to Quandts (attached) regarding the breach of the lease and giving them until June 1 to conform to Kenai City codes. a. City Council Smalley reported on agenda items. The City Manager candidate Tom Mannenin and his wife will be in the City the week of April 25th. Candidate Zenner will be in town the following week. There were several community events planned so citizens could meet these candidates. The encroachment for Baron Park Service Addition which failed at the P&Z level was passed by Council. The plat had failed P&Z due to a conflict of interest which resulted in a no -quorum vote. The Council will set a work session at their June 16 meeting between P&Z, TSH Task Force and Council. No action has been taken on the TSH Ordinance. Bannock expressed concern over another work session and hoped that Council would clearly define what they expect to have accomplished by this. He hoped that Council would attend so they could understand the concerns of both entities. He felt that those concerns were clearly spelled out in the minutes and he thought it was a duplication of efforts. Smalley said he felt that the Council needed to hear for themselves these positions and be able to ask questions. He felt that the Council may be split on this issue until they clarify for themselves these concerns. b. Borough Planning Bryson reported on the items specific to the City of Kenai: Beluga Subdivision - granted Administrative Approval Redoubt Terrace S/D No. 5 - granted Administrative Approval C. City Administration —None Bannock thanked the Staff for including the street address of the encroachment in the packet and wished a belated Happy Secretary's Week to Harvey. Glick asked for an excused absence from the next meeting. He will be in the lower 48. There being no further business the meeting was adjourned at approximately 8:00 p.m. Respectfully submitted, Loretta Harvey Administrative Assistant AGENDA KENAI CITY COUNCIL - REGULAR MEETING ' APRIL 21, 1993 7:00 P.N. 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. B. 8CHEDULED PUBLIC COMMENT (10 Minutes) 1. Charles Woodcock - Noise Nuisance in Woodcock Subdivision. 2. Kenaitse Indian Tribe - Fish Camp Educational Net - Old �` Town Beach. 1. Ordinance No. 1533-93 - Increasing Estimated Revenues and Appropriations by $2,453 in the Senior Citizens - Borough Special Revenue Fund. 2. Ordinance No. IS34-93 - Increasing Estimated Revenues and Appropriations by $64,000 in the Water and Sewer Special Revenue Fund for a Solid Waste Leachate Evaluation. 3. Resolution No. 93-25 - Transferring $18,000 in the General Fund for Additional Overtime for the Fire Department. 4. Resolution No. 93-26 - Transferring $9,050 in the Congregate Housing Fund for Utilities. 5. Resolution No. 93-27 - Awarding a Contract for Professional Services for the Project Entitled Solid Waste Leachate Evaluation, Kenai Sewage Treatment Facility, to Vasey Engineering with Wince-Corthell- Bryson for the Not -to -Exceed Amount of $64,000. -1- 6. Resolution No. 93-28 - Transferring $10,000 in the General Fund for Additional Money for Shop Repair and Maintenance Supplies. 7. *1993 dames of Chance and Contests of Skill Monts Carlo Permit Application - American Legion Kenai Post 20. �. .,.of :: 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. KINOTEB 1. *Regular Meeting of April 7, 1993. H. NEW BUBINE88 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1535-93 - Increasing Estimated Revenues and Appropriations by $208 in the Senior Citizens - Borough Special Revenue Fund. 4. *Ordinance No. 1536-93 - Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Library Books. 5. *Ordinance No. 1537-93 - Increasing Estimated Revenues and Appropriations by $49,126.37 in the General Fund for Attorney Fees Related to Fisheries Business Tax Settlement. 6. *Ordinance No. 1538-93 - Increasing estimated revenues and appropriations by $30,000 in the water and sewer fund for utilities at the sewer treatment plant. 7. Approval - Lease Application - Tract A, Gusty Subdivision #3, and Lot 3, Block 3, Gusty Subdivision 14 - James H. Doyle. --� -2- 8. Approval - Special Use Permit - Chamber of Commerce. 9. Approval - Resubdivision of Lot 3A-1 of Baron Park Subdivision No. 8 Dan Roberts. 10. Approval - a. Refund 1986 bonds. b. Call 1980 bonds. 11. Approval - Collateral Assignment of Lease, Salamatof Seafoods, Inc. to Alaska Commercial Fishing & Agriculture Bank. 12. Discussion - Townsite Historic zoning District/Review of Proposed Ordinance and Direction How to Proceed. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council K. -3- KENAI CITY COUNCIL REGULAR MEETING APRIL 21, 1993 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMB, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:02 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Swarner, Measles, McComsey, Smalley, Williams, and Bookey. Absent was Monfor. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD: C-6, Substitute Resolution No. 93-28 - Adding the word "supplies" to "Shop=Repair & Maintenance Supplies $10,0001, D-6, Planning & Zoning Commission Application - Will Jahrig. H-2, Purchase Orders Over $1,000 - K. Howard memorandum of explanation regarding scheduling and accommodations a. Airfare for Tom and Carol Manninen - $1,266.00. b. Airfare for Mr. & Mrs. Doug Zenor - $1,158.00. MOTION: Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS CONSENT. Councilman McComsey SECONDED the motion. There were no objections. 80 ORDERED. A-6. CONSENT AGENDA There were no changes to the consent agenda. MOTION: Councilman McComsey MOVED for approval of the consent agenda as presented and Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES APRIL 21, 1993 PAGE 2 ITZK B i BCZZDULaD PUBLIC COMKZNT B-1. Charles Woodcock - Noise Nuisance in Woodcock Subdivision. Charles Woodcock, 1902 Sast Aliak Drive, Kenai. Woodcock referred to his letter included in the packet. Woodcock stated he has a noise problem in his neighborhood caused by a band practicing from approximately 6:30 p.m. to 10:00 p.m. Woodcock referred to the Kenai Municipal Code regarding noise abatement, etc. Woodcock stated he has spoken to the police and gave them a copy of the code. So far there has been no success. Woodcock requested Council to investigate. Chief Morris stated the police have responded twice last week. The first time, they told the people at the residence to turn down the volume on the music. The second time, officers met with other neighbors and talked with the people. The people were told if the complaint occurs again, they will be arrested. It will be a state offense. B-2. Kenaitze Indian Tribe - Fish Camp Educational Net - Old Town Beach. Clare Swan, Executive Director of the Kenaitze Indian Tribe requested the City of Kenai allow the Tribe to use a portion of the beach below "Old Town" on which to erect a temporary Kenaitze fish camp and where they can set their educational net. Swan referred to her letter and proposal which were included in the packet. Attorney Graves stated from a legal standpoint, under public trust the beach must be reserved for everyone's use. The City cannot give an exclusive use to anyone. Graves stated a request was brought to Council a few years ago from someone wanting to use a portion of the beach for picnics and games. The City advised that person the same. Williams asked if there was anything barring the Kenai Municipal Code or state law that would disallow the Tribe from setting their net and have a fish camp as citizens. Graves stated it is a public beach. Everyone has the right to access the water. There is nothing to exclude their use as well as anyone else's use. Swan stated they can set their net on the beach because they have a permit to do so. The Tribe is interested in having people come to watch and learn. They thought it would be something that would be a positive thing for the community. KENAI CITY COUNCIL MEETING MINUTES APRIL 21, 1993 PAGE 3 Williams stated people can put up shelters and portable restrooms are there. Training can be any place. There is nothing illegal within the Code of the City. Williams advised there cannot be driving on the beach to the left. Swan stated they were wanting to conduct their fishing camp the old way, which would not include motor vrehicles. Swan added the Tribe believes they can be instrumental in keeping the: beach nice. Swan stated her concern the dunes are being destroyed from motor vehicles driving over them. Williams wished the Tribe success and he will come to visit them this summer. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1533-93 - Increasing Estimated Revenues and Appropriations by $2,453 in the Senior Citizens - Borough Special Revenue Fund. MOTION: Councilman McComsey MOVED for approval of Ordinance No. 1533-93 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: Swarner: Yes Monfor: Absent Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Bookey: Yes MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1534-93 - Increasing Estimated Revenues and Appropriations by $64,000 in the Water and Sewer Special Revenue Fund for a Solid Waste Leachate Evaluation. (LOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1534-93 and Councilman McComsey SECONDED the motion. There was no public comment. Kornelis stated Mr. Robson, from the Borough was in the audience to answer questions. Williams asked when the final study will be completed. Kornelis stated KENAI CITY COUNCIL MEETING MINUTES APRIL 21, 1993 ^^ PAGE 4 I approximately October. Smalley asked if the study will also bring into consideration the use of the sewer treatment plant when Thompson Park comes on line. Kornelis stated yes. VOTE: Swarner: Yes Monfor: Absent Measles: Yes McComsey: Yes Smalley: Yes Williams: Yes Bookey: Yes MOTION PASSED UlA1NIXOUBLY. C-3. Resolution No. 93-25 - Transferring $18,000 in the General Fund for Additional Overtime for the Fire Department. MOTION: Councilman Smalley MOVED for approval of Resolution No. 93-25 and �^ Councilman Bookey 82CONDBD the motion. There were no public comments. Smalley asked Chief Burnett of the overtime amount, how much is speculated to be ambulance time. Burnett stated close to 60-65%. Burnett added the amount includes overtime for all the department. Williams asked if the ambulance calls were up as well. Burnett answered yes. Swarner asked if the vacant fire marshal position is filled, how will that affect the overtime amount. Burnett stated he is estimating a cut of $56,600. Burnett was asked how many of the ambulance calls were for life threatening reasons. Burnett answered approximately 70-80%. Burnett added 25-30% were minor injuries. Burnett stated they have walk-ins as well. Burnett stated he has additional information available that breaks down the amount of calls, types of calls, if they were residents or tourists making the calls, etc. Cost of ambulance fees for Kalifornsky Beach were discussed. Williams stated he may reintroduce an ambulance cost schedule again. Williams added this time he will not vote against his own ordinance. VOTE: There were no objections to the motion. 80 ORDERED. rds KENAI CITY COUNCIL MEETING MINUTES APRIL 21, 1993 PAGE 5 C-4. Resolution No. 93-26 - Transferring $9,050 in the Congregate Housing`Fund for Utilities. NOTION: Councilwoman Swarner MOVED for adoption of Resolution No. 93-26 and requested H-10 IMOUS CONSENT. Councilman Smalley SECONDED the motion. There were public or council comments. VOTE: There were no objections to the motion and request for unanimous consent. 80 ORDERED. C-5. Resolution No. 93-27 - Awarding a Contract for Professional Services for the Project Entitled Solid Waste Leachate Evaluation, Kenai Sewage Treatment Facility, to Vasey Engineering with Wince-Corthell- Bryson for the Not -to -Exceed Amount of $64,000. NOTION: Councilman Smalley MOVED for approval of Resolution No. 93-27 and Councilman McComsey SECONDED the motion. There were no public comments. Kornelis stated the contract is for professional services and did not need to be bid. Kornelis added the Borough has been involved with the award decision. Kornelis explained Vasey proposed a not -to -exceed amount of $64,000. Vasey offered more hours of work for the price than the other proposal received. Kornelis stated he and the Borough felt the best interest of the City would be served by awarding the bid to Vasey Engineering and Wince-Corthell-Bryson. McComsey asked if the Borough agrees. Answer was yes. C-6. Resolution No. 93-28 - Transferring $10,000 in the General Fund for Additional Money for Shop Repair and Maintenance Supplies. Williams reminded council the original resolution was substituted at the agenda approval. NOTION: Councilman McComsey MOVED for approval of Resolution No. 93-28 and Councilman Smalley SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES APRIL 21, 1993 PAGE 6 Kornelis stated he did not know if it was the cost of supplies or the amount of repair work done in the shop that expended the funds. However, the funding for parts has been depleted. Kornelis added they feel they will have enough in operating supplies that they can transfer some out of that account. Kornelis stated there should be enough money in that account to make it through the rest of the year. Williams requested an inventory of all vehicles (including mowers, graders, etc.) serviced by the Shop be forwarded to council. VOTE: Councilman McComsey requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-7. 1993 dames of Chance and Contests of Skill Honte Carlo Permit Application - American Legion Kenai Post 20. Approved by consent agenda. A, .. si•..: * 4 4 • . D-1. Council on Aging Swarner stated the residents of congregate housing are very happy. Williams asked if the original heating problem has been fixed. Kornelis answered yes. D-2. Airport Commission Measles reported the Commission met on April 8. The minutes of the meeting are included in the packet as well as a copy of materials presented to the Commission at the meeting from the Business Alliance. It was determined after the meeting there was not a legal quorum for the meeting: Commissioner Thibodeau would not become officially a member until the amendment to the ordinance delineating the make-up of the commission became effective. Therefore, the actions taken at that meeting were moot. The next meeting has been set for May 6, 1993. Williams asked if the Commission would be addressing the landing fee schedule for the airport. Ernst stated yes, everything addressed at the last meeting will be addressed again on May 6. (^ Williams stated the landing fees have been in effect for some time and a change was made with Resolution 92-71. That resolution was to correct a technical error. Williams stated he hoped the Commission and the Airport Manager will be working on KENAI CITY COUNCIL MEETING MINUTES APRIL 21, 1993 PAGE 7 the landing fee schedule as he believed there are some problems with it. Williams added he believes there are some inequities. Williams stated he believes the greatest inequity is an air taxi service who makes one trip has to pay $25.00. The cost is passed on to the client. The client may not want to pay that cost and the air taxi service may use other facilities. Ernst stated at the last meeting the Commission tried to remedy the situation. Ernst added there is some confusion between landing fees and use fees. Ernst stated the use fee is the one that is confusing. The landing fee is the only one changed the last time. It is $25.00 for a plane over 4,000 pounds. The Commission wants to eliminate the user fee and have only the landing fee at $25.00 per month. This will remedy the problem. Williams stated an air tax operator will be able to bring in one plane for one time and the cost will be $25.00. Ernst stated yes, if the plane is over 4,000 pounds. The cost will now be $25.00 per month instead of $25.00 per aircraft per month. Williams stated he will wait to see what the Commission does and review it again. Ernst reminded council the Commission is in need of one member. Williams referred to the applications included in the packet of Ron Holloway, Dan McKeirnan, and G. Ray Galliher. It was determined the position was an open category. Ernst suggested finding someone who is without airport affiliation as there are already two members who are affiliated with the airport. Williams offered Ron Holloway for placement on the Airport Commission. There were no objections from council. D-3. 8arbor Commission No meeting, and no report. D-4. Library Commission Swarner reported the minutes of the last meeting were included in the packet. There will be a volunteer dinner the week of April 26. Librarian DeForest stated childrens' book author, Paul Lewis, will be at the library April 22, 1993 at 7:00 p.m. D-5. Parks i Recreation Commission McComsey reported the minutes of the last meeting were in the packet. McComsey was not at the meeting. KENAI CITY COUNCIL MEETING MINUTES APRIL 21, 1993 PAGE 8 D-6. Plw minq i Zoning comission Smalley reported the minutes of the last meeting were included in the packet. Smalley reported actions taken by the Commission. Smalley stated the rules of the meeting had to be suspended until after new member Kevin Walker was sworn in, otherwise there was not a quorum. Smalley started it is important to appoint the other needed member, as they are having trouble with making a quorum. Smalley reported the Commission stated their concern with RPM's beginning to look as it did prior to the City's initial discussion with the owner to clean up the area. Commissioner Geocke was in the audience and stated he has been watching the area, and it looks as though the owner is cleaning the area up again. Commissioner Bannock was in the audience and stated his desire for the Council to direct the Planning & Zoning Commission to �^ review and amend the sign ordinance. Bannock stated he believed that portion of the code requires work to eliminate sign problems. Williams asked council for their feelings. Councilman Measles stated the ordinance was not written to cover everything that comes up. The ordinance allows flexibility in approving signs. Bannock stated he did not believe the ordinance allowed flexibility. Measles stated the ordinance allows for waivers: flexibility at the discretion of the Commission and Council. It was stated the Commission is still in need of one member. Williams referred to the application added to the agenda of Will Jahrig who is a member of the Harbor Commission. Swarner stated there was a problem with his attendance to Harbor Commission meetings. Smalley stated he recollected Jahrig was also on the cannery workers task force and did not attend any of those meetings. Williams stated he has had objections from Council in regard to the other applications on file, i.e. Jack Castimore and Mr. Woodcox. Smalley stated Castimore has attended the last three Planning & Zoning Commission meetings for his own information. MOTION: (^ Councilman Smalley XOVZD to bring to a vote the placement of Jack Castimore on the Commission. The motion failed for lack of a second. KENAI CITY COUNCIL MEETING MINUTES.. APRIL 21, 1993 PAGE 9 7 Williams asked if there were objections to Jahrig. Smalley objected. Williams stated he will look further for applicants. McComsey suggested an advertisement be published asking for applications. D-7. Nisaellaneous Commissions and committees Beautification Committee - Swarner reported the Committee met last week. A work session will be held in the Council Chambers next week. They will be discussing plans for flower beds and gardens. Perennials are being transplanted and they are working with Lynden Transport to bring the lilacs and rose bushes to Kenai. Williams was requested to send letters to Kmart and Fred Meyer for donations of flowers. Williams stated he has received $300 in donations for the purchase of flowers and supplies. Williams added he has opened a two -signature account at National Bank of Alaska in order that the money be held outside of City accounts, otherwise donations must go through the City accounts and a resolution would be needed to expend the money. Williams ^r reported one.$50 donation was made by check to the City. Williams requested an ordinance be brought forward in order the money may be used. Williams stated the checking account's signors were himself, Sharon Williams and Loretta Breeden. The checking account has been named as the Kenai Beautification Committee. Brown stated he does not have a problem with cash donations, however it would be fraudulent for someone else to cash checks made out to the City of Kenai. Brown stated there is a problem because the Kenai Beautification Committee is a part of the City of Kenai. Brown stated if checks are received from donors, be sure the checks are not made out to the City of Kenai. Measles suggested the account name be changed to Kenai Beautification Project. Swarner stated the Committee is also working on a design of an All -America City garden as well. Council directed Williams to write a letter to the Orthodox Church and state the City does not mow private property. ITZX S: MINUTES B-1. Regular Keetinq of April 7, 1993. Approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES APRIL 21, 1993 PAGE 10 ITEM 7: None. ITEM G: OLD BUSINESS None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman McComsey SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase orders Exceedinq $1,000 NOTION: Councilman Smalley MOVED to approve the purchase orders over $1,000 and to include the purchase order for airline tickets for Tom Manninen, Doug Zenor and their wives to travel to Kenai in the amount of $1,266. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 1535-93 - Increasing Estimated Revenues and Appropriations by $208 in the Senior Citizens - Borough Special Revenue Fund. Approved by consent agenda. H-4. Ordinance: No. 1536-93 - Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund for Library Books. Approved by consent agenda. H-5. Ordinance No. 1537-93 - Increasing Estimated Revenues and Appropriations by $49,126.37 in the General Fund for Attorney Fees Related to Fisheries Business Tax Settlement. Approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES APRIL 21, 1993 PAGE 11 Ordinance No. 1538-93 - Increasing estimated revenues and appropriations by $30,000 in the water and sewer fund for utilities at the sewer treatment plant. Approved by consent agenda. H-7. Approval - Lease Application - Tract A, Gusty Subdivision #3, and Lot 3, Block 3, Gusty Subdivision #4 - James H. Doyle. NOTION: Councilman Smalley ROVED for approval of the lease application of Tract A, Gusty Subdivision #3, and Lot 3, Block 3, Gusty Subdivision 04 to James H. Doyle. Councilman McComsey SECONDED the motion. There were no objections. 80 ORDERED. H-8. Approval - Special Use Permit - Chamber of Commerce. MOTION: Councilman McComsey MOVED for approval of the Special Use Permit -� to the Chamber of Commerce and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. BO ORDERED. H-9. Approval Resubdivision of Lot 3A-1 of Baron Park Subdivision No. 8 - Dan Roberts. MOTIONS Councilman McComsey MOVED for approval of the resubdivision of Lot 3A-1 of Baron Park Subdivision No. 8 to Dan Roberts. Councilman Bookey SECONDED the motion. Swarner asked Brown if he had received the information from the National Mortgage Company to verify Lot 3B has been paid for and that the City is now in first position on Lot 3A-1. Brown stated not as yet, but they will be asking for a stamped note and follow up. Brown added Mr. Roberts has been truthful in his dealings before and he believes Roberts. Williams stated it appears Administration has no problem with the request. Brown stated if council approves, the approval should also include shifting the security of the property to the appropriate lot as indicated in the memorandum included in the .� packet. Brown added the security would be attached to the I property on which Pizza Hut is situated. KENAI CITY COUNCIL MEETING MINUTES APRIL 21, 1993 PAGE 12 NOTION: Councilman Smalley MOVED for approval of the resubdivision of Lot 3A-1 of Baron Park Subdivision No. 8 to Dan Roberts and directed Administration to attach the security to Lot 3A-1. Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. BREAK: 8:20 P.M. BACK TO ORDER: 8:40 P.M. H-10. Approval - a. Refund 1986 bonds. Brown reported he spoke with the bond bank and counsel. He was told the interest rates have dropped a bit more. Brown believes it would be a good deal to refund the 1986 bonds. If Council moves forward, an ordinance will be introduced at the May 5 meeting and the adoption date would be May 19. The final deal will be put together between those dates. A purchase order will be presented at the May 5 meeting for payment to the bond counsel, who will be reviewing and advising in order for the refund to be within the city's ordinance. The call date will be changed from 1986 to 2003. Brown added the interest rate is so low it would be unlikely the city would want to call them. The actual savings would be $59,000. Brown stated if they leave the bonds alone, the call date will be 1996. Williams stated a few years ago Brown had discussed with council the possible manipulating of fund to offset the cost of the bonds. Brown stated he discussed doing a refunding on the cities books to put aside money to pay off the bonds, but did not do it because of IRS regulations. Williams stated if they choose to go ahead with this, the city's ability to call the bonds will be removed and that will.put the city at the mercy of the bond bank for an additional seven years. The city will not be able to pay off the bonds until 2003. Williams added the call date is moved seven years ahead, but at a fixed rate and the savings will be $59,000. Brown stated the council must determine if they want to refund the bonds, which will change the call date to 2003, which will put the city in the position that they will not be able to call the bonds when they want to. The city will be giving up the right to call the bonds sooner and promising to pay the interest to the end in return for saving $59,000. Brown added that after 1996, the city may call any amount of the bond. KENAI CITY COUNCIL MEETING MINUTES APRIL 21, 1993 PAGE 13 Measles asked what the odds were for the interest rates to stay as low as they are. Brown answered very remote. Discussion followed. Brown stated if council moves forward now, but decide to bale out after the bids are opened, the only cost to the city will be to pay the bond counsel a nominal fee. Consensus of council was to go ahead and prepare the ordinance for introduction at May 5, 1993 meeting. b. Call 1980 bonds. Brown stated he discussed these with the bond counsel. Brown would like to call the these bonds because if they are called on August 1, 1993, $220,000 will be left and the city will be paying 8% interest. Brown recommended they be paid off. Brown added the bond bank will be calling other issuers and telling them it would be best to pay their bonds off as well. Consensus of council was to go ahead and pay the 1980 bonds off. 8-11. Approval - Collateral Assignment of Lease, Salamatof 7 Seafoods, Inc. to Alaska Commercial Fishing & Agriculture Bank. Administration had no objections to the collateral assignment. NOTION: Councilman Smalley MOVED for approval of the collateral assignment of lease from Salamatof Seafoods, Inc. to Alaska Commercial Fishing & Agriculture Bank. Councilman McComsey SECONDED the motion. There were no objections. 80 ORDERED. H-12. Discussion - Townsite Historic Zoning District/Review of Proposed Ordinance and Direction How to Proceed. Smalley asked council if they want to meet in a joint work session with Planning & Zoning after they have reviewed it with the Task Force. Smalley stated there are some concerns of the Commissions, as well as the council. Williams suggested council set a work session date at their June 16, 1993 council meeting. KENAI CITY COUNCIL MEETING MINUTES APRIL 21, 1993 PAGE 14 mayor a. Juneau - Williams stated he will be traveling to Juneau on April 22 to meet with the area legislators and discuss the capital budget. b. Historical Townsite and museum business - Williams reported he is aware of historical artifacts from the Ward Cove cannery which he would like to bring to Kenai for refurbishment and at some time, displayed. Williams stated he has people who have volunteered to bring the machinery to Kenai, but a place to store the machinery is needed. Williams asked for $3,000 (a not - to -exceed amount) for purchase of a van in which to store the materials. Swarner asked from where Williams intended to get the $3,000. Williams suggested an appropriation from the General Fund to purchase the van or place that amount in the 1993-94 budget and 17 purchase the van after July 1. Swarner stated she thought money was scarce. McComsey said to buy the van. Williams asked Kornelis if he could use some space in the van for storage as well. Kornelis stated he could and that Parks & Recreation usually need storage space as well. Swarner stated she would rather have the money come from next year's budget. There was some concern stated by Measles that it might be too late to get the equipment by August. F, �•I+ 4 f•)_T Councilman Measles MOVED to have Finance Director appropriation order to the next meeting to buy a McComsey SHCONDXV the motion. VOTE: Swarner: No McComsey: Yes Bookey: Yes MOTION PASSED. Monfor: Absent Smalley: Yes Brown bring an van. Councilman Measles: Yes Williams: Yes b. Donkey engine and boiler system - Williams stated this equipment has also be donated to the city and is now stored in an old tin shed. The items need to be moved and Williams suggested they be moved to the city yard and covered with visqueen tarps for protection. No objections. KENAI CITY COUNCIL MEETING MINUTES APRIL 21, 1993 PAGE 15 C. Mork session - Williams remanded council a work session had been set for April 27, 1993 at 6:00 p.m. at the Bicentennial building. Williams reported the Bicentennial building will not be available. Williams requested the work session be moved to the Senior Center. There were no objections. 1-2. City Kanager No report. I-3. Attorney Graves reported the Carpenter v. City trial will begin Monday. Graves added the oral argument in the matter of Pelosa v. Freas has been scheduled for May 19 in Anchorage. I-4. City Clerk Freas requested a date for Government Day be set. Due to many other meetings obligations, council requested Freas send a letter to the school and inform the government teacher there will be no government day this year. Freas was asked to keep the agenda for the May 19, 1993 council meeting as short as possible due to the high school graduation. I-5. Finance Director No report. I-6. Public Works Director a. George Church/DOT - Kornelis referred to Information Item No. 2 in which he requested seeding, grading, etc. to be completed by the Department of Transportation this summer. Kornelis stated he discussed street sweeping with Mr. Church as well. The sweepers should be in working in Kenai by the end of the week. No objections to sending the letter. b. Airport security - Going out to bid. C. Building inspector - The job has been offered. The applicant is requesting to be hired at a higher range. Kornelis referred to his memorandum included in the packet. Kornelis requested that more money be added to the 1993-94 budget for buildings in order to offer the applicant the job at range 15-b. Swarner asked what the job was advertised as. Kornelis stated 15-a. Kornelis stated the applicant was aware of the amount as 7 711 KENAI CITY COUNCIL MEETING MINUTES APRIL 21, 1993 PAGE 16 advertised. However, when he came to Kenai for an interview, he checked with"Finance and found he would be making less than what he is making at his present job. Williams stated he did not have objections to offering the applicant the job at range 15-b. Williams asked if the applicant will be eligible for a step increase in six months. Answer was yes. Smalley asked if there is a problem at offering the job at a higher rate than was advertised. Measles stated the salary can always be negotiated. E1ce,4f•)1E3 Councilman Measles MOVED for the salary to be offered at a 15-b range and Councilman McComsey SECONDED the motion. Swarner asked if the applicant will be receiving moving expenses. Kornelis answered no. VOTE: Swarner: Yes McComsey: Yes Bookey: Yes MOTION PASSED. I-7. Airport Massager No report. ITEM J: DISCUSSION J-1. Citizens None. J-2. Council Monfor: Absent Measles: Yes Smalley: No Williams: Yes Bookey - Requested portable speed bumps or pavement cuts be placed in the Visitor Center parking lot as it is being used as a major thoroughfare. Bookey is concerned damage will be caused to 17 people or park vehicles if something is not done. Measles stated he is concerned that after the traffic light is placed, the parking lot will be used as a detour around the light as well. KENAI CITY COUNCIL MEETING MINUTES APRIL 21, 1993 PAGE 17 Kornelis is to investigate purchase and placement of portable speed bumps or pavement cuts at entrance and exit of the parking lot. Swarner - Reported there have been 10,000 books check out at the library since March 31, 1992. Swarner also asked what the schedule will be for when City Administrator applicant Tom Manninen will be in Kenai. Discussion followed. Mr. Manninen's interview was scheduled for Thursday afternoon in the Kenai Council Chambers. The time will be set later. Mr. Zenor's interview was scheduled for Thursday, May 6 at 7:00 p.m. in the Kenai Council Chambers. Swarner stated a potluck will be held at her hone for both Manninen and Zenor. Measles - No report. McComsey - Reported he attended Delta, Colorado's grand opening of their recreation center and All -America City garden. McComsey suggested a tree be sent to Delta for their garden to be placed along with the rose bushes already placed. Williams suggested the tree be discussed later in the summer. McComsey requested the cutting of wood along the highway in front of the old garbage dump be investigated. McComsey stated he has seen many people in cutting trees. McComsey stated in Delta they have built a replica of the fort which was there in the 1800's. Delta has hired two families to live there and conduct their lives as they did in the 1800's. McComsey suggested one of the local Native associations might want to do something similar. Smalley - Thanked Attorney Graves for the informative letters he has sent to council. Smalley asked if Kmart has confirmed what their opening date will be. Williams stated it is to be the weekend of July 4. Swarner suggested a list of homes available for purchase be made available to the city administrator applicants. Administrative Aide Howard is to acquire an MLS printout of homes available in Kenai. KENAI CITY COUNCIL MEETING MINUTES APRIL 21, 1993 PAGE 18 ITEX X: The meeting adjourned at 9:55 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk le-, Qw APR 30 193 9:06 FROM AAI HUMAN RESOURCES TO PAGE . E eo 6ww. 4- 41 'J'/ � zzz. 4- pZ., was- & v:i �94a OL A��ZZ 000, 1 7" -Zi -rli , 1, ,�...: T y�po0. M/41 7 APR 30 193 8:07 FROM AAI HUMAN RESOURCES TO PAGE.002 Mick & Carol Padgett 8300 Country Woods Dr. Anchorage, AK 99502 (WI) 344-9439 April 29.1993 City of Kenai 210 Fidalgo Kenai , AK 99611 Attn: Kenai City Council RE: Proposal for Vacedon of Section UneiNght-of:Way Easement (Caro SubdMWon and Wi& Boww y of GovL Lot 13) We are requesting to be put on your May 5, 1992 City Council meeting agenda as persons scheduled to be heard. As you are aware, we have been working toward vacation of the said mentioned Section Line & Right -of -Way Easements. After appearing before the Council in October 1992 and discussing this issue with the State ag4Mes involved we have gained a dearer understanding of the objective of protecting the public's interest, as well as preserving the Kenai River habitat. As a result of these efforts, we are in the process of establishing a permanent A--� Conservation Easement on our property. The establishment of this Conservation Easement will enable us to have limited development of our property but in turn will preserve the near shore riparian habitat of Beaver Creek. During the past winter the Division of Parks & Outdoor Recreation developed a policy by which limited easement vacations may be supported if certain criteria are met. Our creating a conservation easement on our property and making a commitment to protect the surrounding habitat fits within this criteria. Based on this policy change and our actions, the Division of Parks & Outdoor Recreation, the Alaska Department of Flsh i Gams; Division of TransportWon, and Division of Lands have reconsidered our request and have agreed to support the vacation of the sold nfenttoned Section Line & Right -of -Way Easements. We would appreciate your review and reconsideration of this proposal. Sincerely, 4z o/ e��r �ea Mack & Carol Padgett f KENAI PENINSULA BOROUGH 144 N. BINKLEY - SOLDOTNA, ALASKA 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 DON GILMAN MAYOR April 28, 1993 Jack LaShot, City Engineer City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 Re: Section Line Easement Vacation associated with Caro Subdivi- sion; Sections 1 & 2, T5N, R11W, S.M., Alaska Petitioner: Padgett, Carol KPB File 92-059 Attached is copy of DOT/PF April 23, 1993 letter as received this date. - _ ._ ----------- — - DOT/PF have no objection to vacating the section line easement in exchange for a conservation easement. Thank you, Robbie Harris P1altting Officer WAITER t NICKEL, GOVERNOR r U Ly LI .. � wL DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES 4111 AVIATION AVENUE PO. Box 1%900 CENTRAL REGION - DIVISION Of DESIGN AND CONSTRUCTION ANCHORAGE, ALASKA 99519-6900 RIGHT OF WAY BRANCH (FAX 248.9456) (907) 266.1621 April 23, 1993 Re: Section Line Easement Vacation, Sections 1 & 2 T5N, R11W, Seward Meridian Caro Subdivision Ms. Robbie Harris Platting Officer Kenai Peninsula Borough 144 North Binkley Street Soldotna, Alaska 99669 Dear Mr. Harris: The State of Alaska Department of Transportation and Public Facilities, Right of Way Branch has reviewed the proposed vacation of the above described section line easement. Based on the information furnished this office by the division of parks and outdoor recreation, we have no objection to vacating the section line easement in exchange for a conservation easement. Your cooperation is appreciated. If you have any questions please contact Bill Butler at 266-1646. Sincerely, Daniel Beardsley, SR/A Chief Right of Way Agent Central Region JS/ BB/ j h f. %... gwKt%f LfN W MCN0. LM 'I' 'I0\ KENA1 PtsNINBULA BOROUGH T 144 N. BINKLEY • SOLDOTNA. ALASKA 99669 r z PHONE (907) 262-4441 DON GILMAN MAYOR April 8, 1993 Jack LaShot, City Engineer City of Kenai 210 Fidalqo Street Kenai, Alaska 99611 Re: Petition to vacate the section line easement lying between South Ames Road and the slough at the southeast corner of Lot 1, Caro Subdivision, section 2; and vacate the right-of-way easement, not to exceed fifty foot in width, along west bound- ary of Government Lot 13, section 1; all within Township 5 North, Range 11 West, Seward Meridian, City of Kenai, Kenai Recording District, Alaska. KPH File 92-059 The proposed vacation was conditionally approved by the Kenai Pen- insula Borough Planning commission on July 20, 1992. At their meeting of July 22, 1992, the Kenai Planning and Zoning Commission had no objection to the vacation. The Kenai City Council, at their meeting of August 5, 1992, vetoed the Kenai Peninsula Borough Planning Commission's approval. The petitioners have been working with the State agencies in an attempt to secure their approval to the vacations. Attached is copy of April 2, 1993 letter from State of Alaska De- partment of Natural Resources, Division of Land; withdrawing objec- tion to the vacation. It is our understanding that the petitioners are contacting the City of Kenai; requesting that the City Council reconsider and rescind the August 5, 1992 veto. If the council rescinds the veto; the Planning Commission approval would still be valid. si,merily, Ropbie Harris Platting Officer APR 30 193 8:oe FROM AAI HUMAN RESOURCES TO April 2, 1993 Robbie Harris Kenai Peninsula borough Planning Department 144 N. Sinkley Street Sioldotna, Alaska 99669 Re: Section Line Vacation (South Ames Road) Dear Mr. Saris PAGE.005 w,LIIFRa NXWALGD 7 SWICSTYAW RQ AW lox= AAKVMWA ALA. srsWMW On July 16th of last year our office reviewed and objected to the subject easement vacation because it would result in a loss of public access to the Kenai River. since that time the Division of Parks and Outdoor Recreation (DPOR) reached a tentative settlement agreement with the private landowners seeking the subject vacation. The DPOR provided our office with the details of this agreement in a March 16,1993 letter.. The purpose of - this correspondence is to advise you that we support the settlement negotiated by DPOR and withdraw our objections to the vacation. If you have any questions about this correspondence please contact either Mike Sullivan or Al Samet of my staff at 762- 2270. Sincerely, re,�4.J 6. iZr�*1 Richard B. Thompson Regional Manager cc Chris Titus 7 104ft" ** TOTAL PAGE.005 ** APR 30 193 8:07 FROM AAI HUMAN RESOURCES TO PAGE.003 DB!AR2"plF. T Off` NAIWRAL RES0VRCESi D VXM OP PRAM i ONTDON RECREATION March 16, 1993 WALTER J. HCKEL. GOVERNOR KOuAREA am W SOLDOrN 1. ALASKA NUO „+GNPs: MW4nI Re: Section Line Easement vacation, Sections 1 & 2 TSN, R11W, Seward Meridian, Caro Subdivision Jack LaShot, City Engineer City of Kenai 210 Fidalgo St. Kenai, AK 99611 Dear Mr. LaShok Last summer Mack and Carol Padgett petitioned the Kenai Peninsula Borough and the City, of Kenai for vacation of.the Sectionline easement between South Ames Road and the slough at the southeast corner of Lot 1, Caro Subdivision and vacation of the right-of-way essoment along the west boundary of Government Lot 13, Section 1, TbN, R11W, Seward Meridian. At that time the Division of Parks and Outdoor Recreation (DPOR) responded with a request that this vacation request be denied due to the fact that public access to the Kenai River should be maintained for recreation and other beneficial public uses. During this past winter, the Division developed a policy by which limited easement vacations may be supported, if certain criteria are met. For exempt% if the value of habitat protection equals or exceeds the value of the public access list in a vacation, the vacation petition ms4,p be supported. The Padgetts have offered to donate a conservation easement on their property to DPOR to ensure the continued protection of the valuable riparian fish habitat on the portions of their property along the Kenai River and Beaver Creek. This easement will allow for limited development of their property to include a home, driveway and associated developments,. but will greatly restrict the along the creek and riven corridor for habitat protection purposes. Since the Padgetts will be malting a significant commitment to the protection of valuable riparian fish habitat, we feel that the public will beat be served by insuring that the habitat is protected from negative impacts by potential public access along the section line or public assess easement through their property. APR 30 193 8:08 FROM AAI HUMAN RESOURCES TO PAGE.004 Therefore, our position stated is a lac to the Kenai Pentinsilds, &ruu*,.dmWJuly 19, 1992 (copy enloeed) is now amended. The Division of Paris and Ontdoar Reczeat ww macs the revie"An9vati}es to support the regwest for vacation as proposed by Mack and Carol Padgett. Please last aye know if any further info mW!on or clarification is needed. Sincerely, C44A: Chris Titus Kenai Area Superintendent cc: Richard Tro%w, Kenai Peninsula Borough Planning Dept. Z(r -234fo Gay Muhlberg, ADF&G, Habitat and Restoration Division .7`z-zz}o...Miks Sullivan, Southeentral Region, Div. of Lands Jerry Sherbahn, Surveyor, Div. of Lands -• Daniel Bmrdday, Chief ROW Agent, Central Region, DO'i =PF 7 fi Z - 0 3 — Pete Panarese, Chief of Meld Operations, DPOR Carol and Mack Fadgelt KENAI CITY COUNCIL AUGUST 5, 1992 PAGE 10 VOTE: MEETING MINUTES There were no objections. 80 ORDERED. H-7. Approval - Vacation of Section Line Easement - South Ames Road/Lot 1, Caro Subdivision. NOTION: Councilman Smalley MOVED for approval of the vacation of a section line easement on South Ames Road, Lot 1, Caro Subdivision. Swarner noted that Fish & Game objected to the vacation due to the access it gives to Beaver Creek. LaShot confirmed that it will deny access to Beaver Creek and is against the River Management Plan. LaShot added that it is physically difficult going down the section line to get to the Creek. Walker stated that he did not believe it difficult to go up and down the bank to get to the Creek. Walker added that many people use the trail to get to the Creek. Walker stated that he objects to any removal to the easement, especially because of the access to the water. Williams reminded Council that they had denied an easement below this area. Williams added that if they denied one easement, they should deny the second request as well. Smalley referred to the letter from Fish & Game which was included in the packet. Smalley stated that it is confusing. Smalley stated that he objects as well. Measles stated that the request is for a vacation of a section line easement and a right-of-way as well. Walker stated that he believes it imperative that both be maintained. Measles added that both Division of Parks and the Department of Transportation object. VOTE: Smalley: No Williams: No Walker: No Swarner: No Monfor: No Measles: No McComsey: No '�' NOTION FAILED UNANIXOUSLY. KENAI CITY COUNCIL MEETING MINUTES AUGUST 5, 1992 PAGE 11 Clerk Freas was directed to write a letter of objection to the Borough Planning Department. H-8. Discussion - Purchase Decisions for All -America City Decals, etc. Council reviewed the price information included in the packet. The Clerk was directed to order the following items: a. Lapel Pins - 1,500, 1" Cloisonne. b. Decals - 500, 3-color 4"x6" Get price information to paint a large logo on the window at City Hall. 10 rolls, letterhead stickers C. Banners - 10, 3-color. d. Fireworks - No thank you. 8-9. Approval - Request for Additional Inspection/McCool- Carlson-Green, Wm. J. Nelson & Associates. NOTION: Councilman Walker MOVED to approve the amendment to the contract with McCool-Carlson-Green and Wm. J. Nelson & Associates for the Court House project for additional inspection costs in the amount of $10,325. Councilman Smalley 9ECONDRD the motion. There were. no objections. SO ORDERED. H-10. Discussion - Thompson Park Water & Sewer Project. Williams stated that he discussed the project with Kornelis. There are $1,525,000 available from the Legislature at this time. Williams suggested that bids be gathered for crossing the river and swamp for idea of what the cost will be. The best time to cross the swamp and river will be in the fall. Also, the permit may need modifying for crossing the river. Kornelis added that there has been quite a bit of engineering completed by Wince- Corthell-Bryson about twelve years ago. Kornelis added that the engineering may need upgrading and the Corps permit will have to be updated due to engineering changes. Kornelis suggested that Wince-Corthell-Bryson get started on engineering changes. 17 KENAI CITY COUNCIL MEETING MINUTES OCTOBER 21, 1992 PAGE 3 R-7, Change Order No. 1 - Kenai Courthouse - Not -to - exceed $249,982. NOTION: Councilman Smalley ROVED for approval of the agenda as amended and Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. A-7. There were no changes to the Consent Agenda. NOTION: Councilman McComsey MOVED for approval of the Consent Agenda as presented and Councilman Smalley 8ECONDED the motion. There were no objections. 80 ORDERED. ITEM B: SCHEDULED PUBLIC C9W= B-1. Carol i Mack Padgett - Section Line Easement Vacation on South Ames Road (Lot 1, Caro Subdivision). A letter of explanation from Mr. and Mrs. Padgett was included in the Council's packets. Mark Padgett - Requested reconsideration of the South Ames Road section line easement. Padgett stated that he and his wife purchased two lots in that area several years ago with the intent to build a home. They realized an easement was on the property, but were not sure what it was. The section line is a common line between the lots. The easement renders the property unbuildable. Padgett added that they have been before the Borough Planning Commission and they approved the vacation. Padgett stated also that the Kenai Planning & Zoning Commission approved the vacation as well. The easement request had been before Council in August and was denied. Padgett stated that he was unaware that the item would be brought to Council or they would have attended that meeting as well. Padgett stated that the easement is not a public access to Beaver Creek. There is no trail along the easement. Padgett added that the bank along the section line is steep and crosses lots of KENAI CITY COUNCIL MEETING MINUTES OCTOBER 21, 1992 PAGE 4 wetland between the high ground and the Creek. Padgett added that it is not suitable for public use, parking or problem to habitat. Padgett stated that there had been another easement vacation request denied by Council along Beaver Creek several years ago. That easement vacation request was for the development of a boat launch. Padgett stated that they are going to use the area for public access. Padgett added that another vacation was approved last year for an easement approximately ; mile up the Creek from them. Padgett stated that he discussed the letters of objection from Fish & Game, Parks, etc. with the Kenai Peninsula Planning Commission and the Kenai Planning & Zoning Commission. They stated they believed the objections to be standard procedure and a standard response. Padgett stated to Council to keep in mind that they plan to use the property to build a house. With the easement existing on the property, the property is unbuildable and unmortgageable. Monfor stated that when the easement request came before Council in August, it was thought that the easement was used for public access. Monfor referred to photographs distributed to Council by Padgett. Monfor stated that the photographs do not show where there has been public access. Padgett added that the wetlands portion of the property is often flooded on high tide. MOTION: Councilwoman Monfor MOVED to go ahead and rescind previous action... Councilman Measles asked if Council should move to recind or should the Padgett's go back to the Borough with information from the Council. Smalley suggested that it would be helpful to remove the objection. Smalley asked if Council should rescind the previous action or make a new motion. Graves stated that he believed the Padgett's would need to reapply to the Borough. Williams asked if the public hearing before Kenai Planning & Zoning could be waived. Graves stated he was guessing that the borough will probably suggest rescinding the action of the objection. Graves suggested Padgett's reapply and bring the ,.., request back to Council. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 21, 1992 PAGE 5 Smalley requested a clarification about which parcels Padgett's were speaking. Padgett pointed the parcels out on the map included in the packet. Padgett stated they were the triangular lot and Lot 13. They would be replatted and made into one lot. The high ground falls off to the east. MOTION: Councilwoman Monfor MOVED to rescind the Council's vote of August 5, 1992 denying Padgett's the vacation of the easement of their property and Councilman Smalley SECONDED the motion. McComsey asked if this item would come before Council again. Williams answered after the Borough acts on it again. Graves stated he guessed although that it would come back to Council. Williams stated that a letter from the City to the Borough could state that Council requests the matter come back before them for �^ final review. Monfor asked Padgett if they have talked with Fish & Game regarding their objection to the vacation. Padgett stated that the Borough recommended they bring the matter to Council first and then contact the other State agencies. Mrs. Padgett (from the audience) stated that Mr. Troeger at the Borough stated to work with the Council again. Troeger stated that he did not believe they would have to bring the matter back to the borough. Mrs. Padgett added that they have one year in which to have the property replatted and work with the State agencies. Williams suggested they speak with Troeger again so there is no misconception. Williams added that he has some concerns about all the letters of objection from the State agencies. It is usual for those agencies to deny . Nathan Bailey - Bailey stated that he owns property adjacent to the Padgett properties (Government Lot 12). Bailey stated that he purchased his property this summer. Bailey stated that he did not have the opportunity to work jointly with the Padgett's to have the easement vacated. However, he will proceed in that manner, although the easement does not impact his property. Bailey stated that the Padgett's wish to build a house next door. He would prefer a house there instead of a cabin. Without the vacation of the easement, it will remain a cabin. Other neighbors in the area, who have lived their 40 years, have stated l that they have not seen anyone using the easement as access to KENAI CITY COUNCIL MEETING MINUTES OCTOBER 21, 1992 PAGE 6 Beaver Creek. Bailey added that Beaver Creek is not a fishing creek. Beaver Creek Hole is on the River, but is not accessible from that area. Will Jahriq - Stated he owns property in that area also. Jahrig stated that an easement usage there is not a good idea. Public access there would lead to the bank of the creek and it is a gray mud area. Jahrig stated he does not understand why the agencies objected to the vacation. Jahrig stated he thinks it is a stamped action. The area should not be used for any kind of public access as it is a residential area. The Padgett's intended use would be better for the area. VOTE: Measles: No Williams: Yes Monfor: Yes MOTION FAILED. McComsey: No Bookey: No Smalley: Yes Swarner: No Williams suggested that Padgett's bring the matter before Kenai Planning & Zoning with a clearer idea of how they want the property to be used. Monfor suggested that they first talk with the State agencies and get letters of non -objection from them. Monfor added that the City is encouraging people to come to Kenai and this is not an encouragement. Williams added that he agrees that Padgett's should speak with the State agencies. They could provide them with photographs and topography as they did for the Council. The photographs helped explain the property much better. Padgett stated that this is a "Catch 22" situation. The State agencies say to go to the City of Kenai and vice versa. ITEM C: PUBLIC HEARINO8 C-1. Ordinance No. 1518-92 - Increasing Estimated Revenues and Appropriations by $1,118,660 in the Capital Project Fund Entitled East Kenai Sewer Interceptor - 1992. MOTION: Councilman Measles MOVED to adopt Ordinance No. 1518-92 and Councilman McComsey SECONDED the motion. ,-.N KENAI CITY COUNCIL MEETING MINUTES --�`� NOVEMBER 4, 1992 PAGE 15 Brown asked if she wanted a memorandum with all the All -America City expenditures. Brown added that some of the costs were taken from other budgets. Monfor removed her request. Measles - No report. XeComsey - No report. iicias alley - Stated that the Padgett vacation of easement request ll again be before Council in the future. Smalley requested uncilmembers to go to the area to look it over while the ground frozen. Reported that the RPM area has been cleaned up. He has received a comment that the City should have done something about the area before a citizen complained. Williams - Requested to form a task force to review the budget, discuss revenue sources, finances, etc. of the Kenai Visitors and Cultural Center. Williams suggested that Louie Schilling, Marilyn Talmage, Jim Singree and Joe Arness/Marion Nelson be included on the task force. Also, Jim Bookey as a representative from the KBVCC, Charles A. Brown, from the City and Betty Glick as the chairperson. Monfor suggested someone from a bed and breakfast be included. Council added Ron Rainey to the list. No objections to the list of names. The meeting will be held in the Council Chambers at 2:00 p.m. on November 16, 1992. Williams reminded Council to attend the anniversary program at the Kenai Fire Department on Saturday, November 7. The meeting adjourned at 10:15 p.m. Minutes transcribed and submitted by: �^ Carol L. Freas, City Clerk I PETITION TO VACATE COMMENT SHEET LEGAL DESCRIPTION Spntinn T.inp F.agpmpnt hpfwaan Cniith Am— R^aA an the slough at the SE corner of Lot 1, Caro S/D ADMINISTRATIVE COMMENTS MMI.�ER Slls Ito nettee. fzti'� f-j �nS��^ert o.d �t �:, t r✓.�ecu ✓� j �-� - a� cum. �=, ^ .-, � f.0 < =- ?emu S. �s i s e Q /•qr► Qu ��i f✓�y x� r,�,o •, O� r ,4111 sCvS�st. !ifie tic t..;..;� QI L'ire`'� vUZXe BUILDING INSPECTOR PLANNING COMMISSION 1791-1991 CITY OF KENAI „Od G'apd4i 4 4i4dia„ 210 FIDALGO KENAI, ALASKA 99811 TELEPHONE 283.7535 FAX 907-283-3014 August 7, 1992 Richard P. Troeger, Planning Director Kenai Peninsula Borough 144 North Binkley Street Soldotna, AK 99669 RE: PETITION TO VACATE THE SECTION LINE EASEMENT LYING BETWYMN SOUTH AMES ROAD AND THE SLOUGH AT THE SOOTIESAST CORNER OF LOT 1, CARO SUBDIVISION, SWTION 2, TSN, R11W, SAWARD MERIDIAN, ALASKA, AND VACATE THE RIGHT-OF-WAY Ell MCKNT, NOT TO EXCEED FIFTY FOOT IN WIDTH, ALONG WEST BOUNDARY OF GOVERNMENT LOT 13, SZCTZO1r 1, TSM, R11W, SWARD X=MXAN, ALASKA. ALSO BEING WITHIN MWAI CITY LIMITS AND TJWZ KENAI RECORDING DISTRICT. The above -referenced vacation of section line easement and right- of-way vacation were discussed by the Kenai City Council at their regular meeting of August 5, 1992. The Council unanimously objected to both vacations and therefore veto the decision of the Kenai Peninsula Borough Planning Commission made on July 20, 1992. A copy of the minutes in regard to this discussion will be available next week. Please contact this office if you require a copy. If you require further information, please contact this office. Sincerely, CITY OF KENAI Carol L. Freas City Clerk clf / cc: J. LaShot r KENAI PENINSULA BOROUGH 144 N. BINKLEY • SOLDOTNA. ALASKA 99669 ~� PHONE (907) 262-4441 DON GILMAN MAYOR July 22, 1992 City of Kenai 210 Fidalgo Street Kenai, AK 99611 RE: Section Line Vacation (South Ames Road) In accordance with AS 29.40.140, no vacation of a city street and/or easement may be made without the consent of the City Council. This vacation action has been approved by the Planning Commission, therefore, it is being sent to the Kenai City Council for their consideration and action. The Council has 30 days from July 20, 1992 in which to veto the decision of the Planning Commission. If no veto is received by the Commission within the 30-day period, the decision of the Commission will stand. The vacation request has been approved subject to the conditions set out in the attached minutes. Sincerely, Richard P. Troe er 'O 9 LN3) Planning Director RPT/nj Attachments PUBLIC HEARINGS 2. Petition to vacate the section line easement lying between South Ames Road and the slough at the southeast, corner of Lot 1, Caro Subdivision. Section 2, Township 5 North, Range 11 West, Seward Meridian, ;Alaska. AND. vacate the right-of-way easement, not to exceed fifty foot in width, along west bound- ary of Government Lot 13, Section 1, Township 5 North, Range 11 West Seward Meridian, Alaska. Also being within Kenai City limits and the Kenai Recording District. Staff report as read by Dick Troeger: PC MEETING: 7/20/92 Petitioner(s): Carol B. Padgett of Anchorage, Alaska; Elizabeth Smith and Kenneth L. Smith of Kenai, Alaska. Purpose as stated in petition: Easements as they exist make the property unbuildable. The right-of-way is presently unused and unconstructed. It is unlikely that this right-of-way will ever be used for river access or crossing. Actual river access on this section line is down a high, steep bluff and across approximately 200 feet of wetland. We have no intention of entering into any commercial activity as a result of this vacation of easement. Easement is not necessary for access to adjoining parcels. if easement vacation is granted Parcel 1 and Parcel 2 will be replatted into one contiguous parcel. (Parcel lying northerly of Lot 1, Caro Subdivision would be combined with Government Lot 13). Public Notice appeared in the July 9 and 16, 1992 issues of the Peninsula Clarion. Nineteen certified mailings were sent to owners of property within 300 feet; and to other interested parties. Eighteen of the re- ceipts have been returned. one mailing was returned "Undeliverable as addressed No forwarding order on file". Comments not received as of this date from the Kenai Advisory Plan- ning Commission. Statement of non -objection from Homer Electric Association except ,that a 20 foot utility easement is reserved for existing power - lines. Said easement is centered on existing powerlines. Statement of non -objection from PTI Communications. Statement of objection received from: 1) State of Alaska Department of Fish and Game. Letter partially states "The ADF&G recommends that the requested section line easement vacation be denied, in order to maintain the existing public access. This easement pro- vides for public access to Beaver Creek. As long as the section line easement is maintained, the ADF&G has no objection to the vacation of the right-of-way easement." 2) State of Alaska Division of Parks and Recreation has verbally objected to the vacation. They believe the access to public waters should be retained. If right-of-way cannot be constructed; it will still provide pedestrian access for fishing. 3) State of Alaska Department of Transportation and Public Facili- ties has verbally stated an objection to vacating easements to public waters. Department of Transportation would probably agree to the vacation if an alternate access is provided. Findings of Fact 1. Section Line easement proposed for vacation does not appear to be in use for access. 2. Section Line easement does not appear to be suitable for ve- hicular use due to excessive topographical features. KPB PLANNING COMMISSION MEETING July 20. 1992 PAGE 22 d� 3. Per Petition, easements are not constructed and not being used for access. 4. Section Line easement and right-of-way easement provide access to public water and/or public lands. 5. No alternative or superior access has been dedicated or pro- posed. 6. An existing section line easement, running east/west between Sac. 2 i 11, is approximately 1/4 mile southerly. Staff concurs with State that access to public waters should be retained; however, an alternate easement through the subject parcel is not feasible due to the configuration of the lot lines. The existing property cannot be fully developed with the existing sec- tion line easement or with an alternate location. STAFF RECOMMENDATIONS: Approve vacation of section line easement and public access easement within west boundary of Government Lot 13; subject to the following conditions: 1. Submittal of preliminary plat in accordance with Chapter 20 of Borough Code of Ordinances. (FINAL PLAT MUST BE SUBMITTED WITHIN ONE YEAR OF VACATION APPROVAL) 2. The City Council of the City of Kenai, has thirty days in which they may veto Planning Commission approval of the vaca- tion. NOTE: IF VACATION IS DENIED, PETITIONER HAS EIGHT CALENDAR DAYS IN WHICH TO APPEAL THE PLANNING COMMISSION DENIAL. WRITTEN APPEAL MUST BE SUBMITTED TO THE KENAI CITY CLERK. END OF STAFF REPORT Under statements of objection in the staff report, (Item 02 State of Alaska Division of Parks and Recreation); Mr. Troeger advised he has received a written objection and read excerpts from the written -� statement: "The Kenai River and Beaver Creek are both popular public sportfishing waters with limited public access due to the surrounding private lands. Section line easements and dedicated road rights -of -way leading to the river are often the only points of public access for considerable distances. A field check of the easement and right-of-way in question was made on July 16, 1992. While the alignment contains an approximately 70 foot bluff which would make road construction more costly, the grade was easily walkable for trail purposes. The entire alignment is wooded upland and lowland with only approximately 20 feet of wetlands area where it meets Beaver Creek. The eighty-three foot total width of the combined section line easement and dedicated road right-of-way is ample width for trail meander and switchback. This access could provide important riverbank access for other nonfrontage landowners of the neighborhood and for other public users. For those reasons stated, Mr. Troeger said the Division of Parks and Outdoor Recreation objected to the vacation. Mr. Troeger advised a letter of objection was also received this date from State of Alaska, Department of Natural Resources, Division of Land and Water and read excerpts from that letter: "Division of Land has reviewed the referenced petition for vacation. The Kenai River and Beaver Creek are very popular public streams and access points are and will ^� continue to be very important. From the available KPB PLANNING COMMISSION MEETING July 20, 1992 PAGE 23, information, it is not possible to determine the importance of this specific access point, although this section line appears to provide as good or better access potential than most of the section lines for several milsf, With no obvious alternatives in this location, we can *te no public benefit,to the vacation of the sedtiah line and therefore objectito the proposal." Mr. Trceger directed the commission's attention to the base map displayed depicting the subject proposed vacation. Chairman Hammelman read the rules by which these public hearings will be conducted and opened the public hearing. 1. Mack Padgett, 8300 Country Woods Drive, Anchorage, Alaska 99502, spouse of petitioner Carol Padgett, commented without this vacation the property is unbuildable. He said they purchased this property two years ago with the intent of building a home and moving to the Kenai Peninsula. He said with the section line as it is, there is no way to build a home on this site. Referring to an objection expressed by the Alaska Division of Parks and Recreation, wherein they stated it will not provide pedestrian access for fishing, Mr. Padgett pointed out there are no fish in Beaver Creek; he said a person can fish, but chances of catching a fish are nil. Mr. Padgett presented six photographs of the subject area which show the creek bank as well as the slope of the hill. 2. Bill Bryant, 272 Charity Court, Soldotna, Alaska stated he is in the process of improving some land just down the road from the Padgetts' and spoke in favor of the vacation. He said by allowing this vacation as petitioned, it will allow for improvement of the area. r3. Nathan Baily, P.O. Box 3337, Kenai, AK 99611, recently purchased the lot adjacent to the subject property. He said they have lived in this area for many years and concurred with Mr. Padgett's statement that there is no fishing in Beaver Creek and he has never seen anyone use that access for fishing. He stated the :bank on Beaver Creek is unsuitable for traffic and the foliage easily damaged and embankment easily destroyed. There being no one else wishing to comment, the public hearing was closed and opened for discussion among the commissioners. NOTION: Commissioner Clutts, seconded by Commissioner Knock, moved to approve vacation of section line easement and public access easement within west boundary of Government Lot 13 subject to staff recommendations. VOTBt A roll call vote was taken with all commissioners present voting in favor of the vacation. The motion passed unanimously. 1791-1881 CITY OF KENAI -'Od (?apdW aj 4ia� 210 FIDAM KOM, ALANU 99811 TELEPHONE M -7M FAX 907.283.9014 DATE: JULY 24, 1992 TO MAYOR JOHN WILLIAMB KENAI CITY COUNCIL 1 FROM: PLANNING AND ZONING COMI88ION LORETTA HARVEY, ADMINISTRATIVE A88I8TANT \ RE: VACATION CARO SUBDIVISION At their meeting of July 22, 1992, the Planning and Zoning Commission had no objection to the above referenced vacation. PENINSULA CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate section line easement; and vacate right-of-way and utility easement. Area under consideration is described as follows: A. Location and request: VACATE the section line easement lying between South Ames Road and the slough at the southeast corner of Lot 1, Caro Subdivision. Being within Section 2, Township 5 North, Range 11 West, Seward Meridian, Alaska. VACATE the right-of-way easement, not to exceed fifty foot in width, along west boundary of Government Lot 13, Section 1, Township 5 North, Range 11 West., Seward Meridian. Also being within the Kenai City Limits and the Kenai Recording District. B. Purpose as stated in petition: Easements as they exist make the property unbuildable. The right of way is presently un- used and unconstructed. It is unlikely that this right-of-way will ever be used for river access or crossing. Actual river access on this Section line is down a high, steep, bluff and across approximately 200 feet of wetland. We have no inten- tion of entering into any commercial activity -as a result of this vacation of easement. Easement is not necessary for access adjoining parcels. If easement vacation is granted, Parcel 1 and Parcel 2 will be replatted into one contiguous parcel. (Parcel lying northerly of Lot 1, Caro Subdivision would be combined with Government Lot 13.). C. Petitioner(s): Carol B. Padgett of Anchorage, Alaska; Eliza- beth Smith and Kenneth L. Smith of Kenai, Alaska. Public Hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, July 20, 1992, commencing at 1:30 p.m., or as soon thereafter As business permits, to be held in the Borough Administration Building, Soldotna, Alaska. Anyone wishing to testify, may come to the above meeting to give testimony; or may submit a written statement to the attention of Richard Troeger or Robbie Harris, Kenai Peninsula Borough Planning Department, 144 N. Binkley Street, Soldotna, Alaska 99669. Written testimony should be received by the Planning Department no later than Wednesday, July 15, 1992. For additional information. contact Robbie Harris or Richard Troeger, Resource Planning Department, 262-4441'(1-800-478-4441 toll free within Kenai Peninsula Borough). Robbie Harris Platting Officer PUBLISH 2X (July 9 & 16, 1992) .. � � � �\ ,n� » IZ i��-1-- o�^�J,� by cr�rror► i P. I#" Kph 9Z-o59 ��f9 — WALTER J. H/CM, ,GOVERNOR DEPARTMENT OF FISH AND GAME 333 RASPBERRY ROAD ( ANCHORAGE. ALASKA99518.1599 PHONE: (907) 344-0541 July 9, 1992 Ms. Robbie Harris Platting officer Kenai Peninsula Borough 144 N. Binkley Soldotna, AK 99669 Dear Ms. Harris: Re: Section Line Easement Vacation - Carol B. Padgett, Elizabeth & Kenneth Smith The Alaska Department of Fish and Game (ADF&G) has reviewed your request for comments regarding the proposal to vacate the section line easement lying between South Ames Road and the slough at the southeast corner of Lot 1, Caro Subdivision, located within Section 2, T. 5 N., R. 11 W. , S.M. , and a right-of-way easement located along the boundary of Government Lot 13, Sec. 1, T. 5 N., R. 11 W., -S.M. The ADF&G recommends that the requested section line easement vacation be denied, in order to maintain the existing public access. This easement provides for public access to Beaver Creek. This action is inconsistent with the policies of the Kenai Peninsula Coastal Management Program (6 AAC 80.060:4.4.A4), which states that "section line easements and public right-of-ways which provide access to public recreation areas or coastal water bodies shall be not be vacated..." As long as the section line easement is maintained, the ADF&G has no objection to the vacation of the right-of-way easement. Thank you for the opportunity to comment. Please call me if you have any questions. Sincerely, 6 Gay hlber g Habitat Biologist Habitat Division Ph: 267-2284 cc: M. Pearsall, KPB D. Nelson, ADF&G J c•! ... ', cf..i (rlp:;r 1 ;. Homer Electric A.aeociation, Inc. CENTRAL PENINSU-I A SERVIC= CENTE1 290 AIRPORT WAY • POUCH 5280 • KENA1, 4LASKA 29<_7' July 14, 1992 Kenai Peninsula Borough Planning Department Attn.: Ms. Robbie Harris or Mr. Richard Troeger 144 N. Binkley Soldotna, AK 99669 R Subject: Section Line Vacation --Sec. 2, TSN, R11W Govt. Lot 13, Sec. 1, TSN, R11W .—, Please be advised that Homer Electric Association has no objection to the proposed vacation except that a 20ft. utility easement is reserved for existing powerlines. Said easement is centered on existing powerlines. Sincerely, Dave Bear Right of Way Agent f �yyA�n� *OAF� sgtiff July 8,1992 Kenai Peninsula Borough Planning Department 144 N. Binkley St. Soldotna, Alaska 99669 RE: Vacation of Easements Dear Sirs; ru l I COMMUNICATIONS 3940 Arctic Blvd. Anchorage, Alaska 99503 907 562-1231 Please be advised that PTI Communications, Inc. has no objection to the proposed vacation of easement identified in Public Notice as lying between South Ames Road and the slough at the southeast corner of Lot 1, Caro Subdivision within Section 2, Township 5 North, Range 11 West, Seward Meridian or right-of-way easement along west boundary of Government Lot 13, Section 1, Township 5 North, Range 11 West, Seward Meridian being with the Kenai City Limits and the Kenai Recording District. Thank you for your consideration in this matter. Sincerely; COMMUNICATIONS R Bacon Eng eering/Construction Superintendent cc: file L Al F�0" DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER SOUTHCENTRAL REGION July 16, 1992 Robbie Harris Kenai Peninsula Borough Planning Department 144 N. Binkley Street Soldotna, Alaska 99669 Re: Section Line Vacation (South Ames Road) Dear Ms. Harris: WALTER J. HICKEL, GOVERNOR MATSU/COPPER BASIN AREA OFFICE 1830 E. PARKS HIGHWAY, SUITE A-116 WASILLA, ALASKA 99687-9006 PHONE: (907) 3764396 The Alaska Division of Land has reviewed the referenced petition for vacation. The Kenai River and Beaver Creek are very popular public streams and access points are and will continue to be very important. From the available information, it is not possible to determine the importance of this specific access point, although this section line appears to provide as good or better access potential then most of the section lines for several miles. With no obvious alternatives in this location, we can see no public benefit to the vacation of the section line and therefore object to the proposal. Thank you for the opportunity to comment on this proposal. Sincerely, Allan T. Samet, Area Manager Mat-Su/Copper Basin Area Office By: rvenckett Natural Resource Officer cc: Jerry Sherbahn, Surveyor _, AUWr,.& K a printed cn recycled oaoer b ' 73Y:'4enai Area 7-19-92 12:57PM � 907 262 8618; kk 2 ! j �L►` 7�n u Ml/��u/1n \1 �j �i 1 f i' •� \ ` i w .i i /j � ALTE.77 J. �7O/M, f+1OVERf�alR L ' ./ �.! t..� Li • 4.. t+ •.i 1. � DEPARTMENT OF NATURAL RESOURCES KgNA' ""IL" BOX n+7 SOUL NA.ALASKA"669 July 19, 1992 O lSION OF PARKS S OUTDOOR IINCREA17ON f PHOW- 96=401 Ms. Rabbis Harriet Kenai peninsula Borough Planning Departuen. 144 N. Binkley Street Soldotna, AK 29669 Re: Section Line Vacation Request (South Ames Road) Dear Ms. Harrisa The Kenai Area staff of the Division of Parks and Outdoor Recreation has reviewed the request by Carol Be Pmdgett to have vacated, the section line easement and road right-of-way lying between South Ames Road and the slough at the southeast corner of Lot 1, Caro Subdivision. (T5N,R11W,SM,8ection 1 A 2). The Kenai River and Beaver Crash are both popular public sportfishing waters with limited public access due to the surrounding private lands. Section line easements and dedicated road right-of-ways leading to the river are often the only points of public access for considerable distances. A field check of the easement and right-of-way in question was made on July 160 1992. While the alignment contains an approximately 70 foot bluff which would make road construction more costly, the grade was easily walkable for trail purposes. The entire alignment /n is wooded upland and lowland with only approximately 20 feet of wetlands area where it meets Heaver creek. The eighty-three foot total width of tha combined section lint easement and dedicated road right-of-way is ample width for trail meander and switchback. This access could provide important riverbank access for other non - frontage landowners of the neighborhood and for other public users. For the reasons stated, and to preserve options for current and future public fishing and river access to the Kenai River Special Management Area, the Division of Parks and Outdoor Recreation is opposed to granting the vacation of this easement and road right- of-way. Thant you for the opportunity to review and comment on this request. most sincerely, < A"t � Walter H. Ward, Park Ranger II, Kenai Area Adsinistration/Traininq/Special Investigations JL R4,E V/ f ITION TO VACATE PUBLIC RIGHT-OF-WAY/SECTION LINE EASEMENT PUBLIC NEARING REQUIRED UPON RECEIPT OF COMPLETE APPLICATION WITH FEES AND ALL REQUIRED ATTACH- MENTS; A PUBLIC HEARING BEFORE THE PLANNING COMMISSION WILL BE SCHEDULED. M FEES - $200 NON-REFUNDABLE FEE TO HELP DEFRAY COSTS OF ADVERTISING PUBLIC HEARING. ANY REQUIRED PLAT FEES WILL BE IN ADDITION TO VACA- TION FEES. [.I PUBLIC RIGHT-OF-WAY PROPOSED TO BE VACATED IS DEDICATED BY PLAT OF SUBDIVISION, FILED AS PLAT N0. IN RECORDING DISTRICT. E EASEMENT FOR PUBLIC ROAD OR RIGHT-OF-WAY AS SET OUT IN (SPECIFY TYPE OF DOCUMENT)(�!a _1 n rfs r f/» 3V 7L AS RECORDED IN BOOK 6;c-_ PAGE a7 Y OF T E leL'A(A, RECORDING DISTRICT. (COPY OF RECORDED DOCUMENT MUST BE SUBMITTED WITH PETITION) EXJ SECTION LINE EASEMENT Q0 SUBMIT THREE COPIES OF PLAT OR MAP SHOWING AREA PROPOSED TO BE VACAT- ED. IF RIGHT-OF-WAY OR EASEMENT WAS GRANTED BY DOCUMENT; ONE COPY OF RECORDED DOCUMENT MUST BE SUBMITTED. HAS RIGHT-OF-WAY BEEN FULLY OR PARTIALLY CONSTRUCTED? El YES `q� NO IS RIGHT-OF-WAY USED BY VEHICLES/PEDESTRIANS/OTHER? ❑ YES No HAS SECTION LINE EASEMENT BEEN CONSTRUCTED? ❑ YES W✓NO IS SECTION LINE EASEMENT BEING USED? 0 YES Eel NO THE PETITIONER MUST PROVIDE REASONABLE JUSTIFICATION FOR THE VACATION. REASON FOR VACATING SEE f+rTAC�NML•"�tT CI THE PETITION MUST BE SIGNED (WRITTEN SIGNATURE) BY OWNERS OF MAJORITY OF THE FRONT FEET OF LAND FRONTING PART OF RIGHT-OF-WAY OR SECTION L;NE EASEMENT PROPOSED TO BE VACATED. EACH MUST INCLUDE MAILING ADDRESS AND LEGAL DESCRIPTION OF HIS/HER PROPERTY. SUBMITTED BY: SIGNATURE _ NAME _ffkL,S /b ADDRESS Coun'f !�^ a bZ PHONE — Z8 -SA4a PETITIONE SIGNATURE NAME ADDRESS OWNER OF SIGNATURE NAME ADDRESS OWNER OF 5191 ____p SIGNATURE NAMEC. ADDRESS O H1 460ER OF zJ SIGNATURE NAME ADDRESS OWNER OF KIPR `i2-b69 e Attachment A Petition to Vacate Public Right -of -Way / Section Line Easement Reason for vacating: • Easements as they exist make the property unbuildable. • The right of way is presently unused and unconstructed. It is unlikely that this right-of-way will ever be used for river access or crossing. • Actual river access on this Section line is down a high, steep, bluff and across approximately 200 feet of wetland. • We have no intention of entering into any commercial activity as a result of this vacation of easement. • Easement is not necessary for access to adjoining parcels. .1019. .lam If easement�Is granted, Parcel 1 and Parcel 2 will be re - platted into one contiguous parcel. PARCEL 1: U. S. Government Lot 13, Section 1, Township 5 North, Range 11 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska. PARCEL 2: A tract of land in Government Lot 5, Section 2, Township 5 North, Range 11 West, Seward Meridian, Kenai Recording District, Third Judicial District, State of Alaska, described as follows: Taking as a point of origin the WCMC on the East line of said Government Lot 5, run thence North 0'03' East along said East line for 157.6 feet to the Northeasterly line of a previously described parcel (recorded in Deed Book 24, page 272), and the point of beginning; thence North 38°55' West along said line for 280.9 feet to the Northerly corner of said parcel; thence North 34°35' East for 311.7 feet to an intersection with aforesaid East line of Government Lot 5; thence South 0'03' West along said East line for 475.2 feet to the point of beginning. _4 4 rt !4 ?zlii J.", - I :"Jill If it 11111 RCK)L Knj o I Lvol hoc -i Di'tmt i a Zinitrb *tt&5 of rAmr'rica 7.0,311 to Whom thirst tortgrills shall (011it. f1tritillig: UVEREAS. a ea-11,11:4-ate o,f tit-* U-41 (M-ire ill Aloii is no a Ill I" .1111A in the 11 -4 ;,u I. f I n ars 11"it pur;Z11.111t. i4o U.17.44 t I . 'r PW I., k% .7 C, s %11111•1 ilill 1.*;tl r v, - I La- f. lai Ill q t anti like. uvt OLCX C4 LOV -Flammir too Milli fi lutes met. fur the has Invive:4tahis i.141 alld that tit.• off it or 7. A . t of I -A. ac*cilliol too the joiali *0 of t) I.: .f the roil! fill -41A., `.j tit' 1:':t Ji )'I*. I'li :It :11 ii-f tho- pri nw---ii tali''. f;. nalll 1-- tit- I-Ji i!. 4!4 t la�nlwit I it,- t I.;-vl atill *!I.' ItAVI: Fto 1:41MI fl.- i:4 I, % Iti., 1'. till !'i-llifitl to I4`-1!V1:.-1; 1;11141 *-1.: A3,ki 4*j.tIT!,:-:J,1 anti if, tvoi ht :r3 &Wl w ;,ql I'tor il r 4-N4-r lwarlill airl riu.-lit, to dimAlot-'s vid livitel-Npiri usl m vollinnill t if it- u ill,. -.11A a a:. I, rJvi z­ tJJ-:t'-- 6! JJJ g-azi-i :t?;,i U, f`-­.... by till- 11twal iuxt--nis. i;:,%,. Milli 44 t­lIJ v :1 %jiy %lPIvs (r vatalI I1itlAI cts-41 in the autilli-lity of Ulf Unit uith (41.4- net of .%u;.,u%t :10, I.K10 12ti, Stat 43 V S. C. sec. ovii. ritere is also reservelol to the Uniti-til Stalli a rigLt-of-%i fur the construrtiom of ruill"dititils, telegralmll and ti-It-11114-tie 1jI1V!;. in ill 161 AtCil I lif 31:111 1-1. 11911 1'. S. (i. .1i :'111-") - F'�C%- lot i I I -A t I it t s .4 *4 till! t !.%. r i t -.1 t 1. 1 tit ;-It at t. k 4 t 141 r W i t 1: ri., ri h t L tJ r v - t !p j m s r iii i a. [1, the priiv i % — - - A. t - : 11, 1 , I i: IJ - c Tit s nit. It t 16I;i t .:Xil i TI: I v 4- t in width, fur E i v to V. Coca t .!d a I I,n, ti.L Wit St FILED REODED FILED mc. DIST 14C 1%, Ti:--TlN148%Y Wilcitroir, tit-- itividersigned nuth-orixed 411134'er of ]IDI9 •Iii- Viiii 4 N.iA itt arroonlatict- %l the DAlt '.,iials if Off, Act t-f Jime 17. 19 IS 02 Sil -1761. Invit. III I; . owl 11.1fil of Jill. l(1JJ too lie r. %4�- vati-iii. wo it:,- st-m for u... mlJ tio it@. its-ro-mitio ;Ji all' - xell. 11,41111mbia.l mul-vi my luil in the Distrvit 4.r 1: E.T 1. E N I' 1; 4 0C i () !. L R III t Iw # ar 1.4-1-41 1111ill 0111111i'MA I.iII4. 1.111lith's-11 allial S I X - Y - ON o: and off the Indellietith-ci—p(Aw Uilillo-ol Slat, s the dotie litilifired ullil F i r 1, TY - S I X I PETITION TO VACATE PUBLIC RIGHT-OF-WAY/SECTION LINE EASEMENT Punic NEARING REQUIRED UPON RECEIPT OF COMPLETE APPLICATION WITH FEES AND ALL REQUIRED ATTACH- MENTS; A PUBLIC HEARING BEFORE THE PLANNING COMMISSION WILL BE SCHEDULED. W FEES - $200 NON-REFUNDABLE FEE TO HELP DEFRAY COSTS OF ADVERTISING PUBLIC HEARING. ANY REQUIRED PLAT FEES WILL BE IN ADDITION TO VACA- TION FEES. [l PUBLIC RIGHT-OF-WAY PROPOSED TO BE VACATED IS DEDICATED BY PLAT OF SUBDIVISION, FILED AS PLAT NO. IN RECORDING DISTRICT. EASEMENT FOR PUBLIC ROAD OR RIGHT-OF-WAY AS SET OUT IN (SPECIFY TYPE OF DOCUM�ENT)('-- ? �`��� 2y7L. AS RECORDED IN BOOK S1 - PAGE -? ._... OF TIE x, RECORDING DISTRICT. (COPY OF 11SCORDED DOCUMENT MUST BE SUBMITTED WITH PETITION) Ul SECTION LINE EASEMENT PO SUBMIT THREE COPIES OF PLAT OR.NAP SHOWING AREA PROPOSED TO BE VACAT- ED. IF RIGHT-OF-WAY OR EASEM$NT WAS GRANTED BY DOCUMENT; ONE COPY OF RECORDED DOCUMENT MUST SE'SUBOI:TTED. HAS RIGHT-OF-WAY BEEN FULLY OR PARTIALLY CONSTRUCTED? [] YES NO IS RIGHT-OF-WAY USED BY VEHICLES/PEDESTRIANS/OTHER? [] YES Eli NO ^" HAS SECTION LINE EASEMENT BEEN CONSTRUCTED? ❑ YES 6'No IS SECTION LINE EASEMENT BEING USED? {I YES LDS NO THE PETITIONER MUST PROVIDE REASONABLE JUSTIFICATION FOR THE VACATION. REASON FOR VACATING S6E Ar"clNmmix A THE PETITION MUST BE SIGNED (WRITTEN SIGNATURE) BY OWNERS OF MAJORITY OF THE FRONT FEET OF LAND FRONTING PART OF RIGHT-OF-WAY OR SECTION L;H! EASEMENT PROPOSED TO BE VACATED. EACH MUST INCLUDE MAILING ADDRESS AND LEGAL DESCRIPTION OF HIS/HER PROPERTY. SUBMITTED BY: SIGNATURE NAME ADDRESS 0300nib z PHONE + Zia 58-4a PETITIONED SIGNATURE NAME ADDRESS OWNER OF SIGNATURE NAME ADDRESS OWNER OF 5/91 l SIGNATURE NAME ADDRESS 0 F' l 01WER OF)�EPv -r-T zj SIGNATURE NAME ADDRESS OWNER OF K.PO cl 2 - bsq + ob 14- -b & 40 k 0 awl,' te. NN 1p 1. 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H 04 V a W a Do n rn7 C.D N O C.7 U C24 GC7 H H C Da t!] a a-+ [X as V m E. o [O x O H a e- ea n �-r vpa a a N a d O to o u [ay 13 w E' V E [cl fJO (1'J CY. E ca U W O C++ 00 W '� a U a�4 t>O U H H H oa 07 cn be VJ O H DO d E H 4 44 tJe m H [�7 n. .. rw N M O� N � Q O� Q+ m ao a m � � �1 V� p � l0 n V] ae => O K1 H f U r-H E a E a x E O vEi O a a s u c7 0 e—' N x « x x X N « B x a # � N N � x « « « « # N « « x # « « « « N x x # x # # N # N x N N N « « « « N « N x N N N N « E « p N « Uci « « « « � x « x « N N x « « N x x x x N N x N « # « « N « x x N « « x E « « w « « X N x a « N # PA � A M x « x N « # N # « « N x « N N x x x « N i+ N N « « « N � « r � N p x « pe « N py x « x « X # # O x O # U ty PO N p" x pa ~ X « U S y I-1 N A N n # x not « N O x x « « « x i « N 0 CM o N N N x a yL N '] AQ M x N aC W 01 N x O 7C .�•. sxi r pp x x y a x N x U N O x ij Q # a A E « X N W N y CJ N 7 # 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o cr r o 0 o M Va y W 9.0 a a.. p. O. cL. . W V m S) x Pd Or W cc M A H E Z y % XDo s s .H s as 0 a as pC GT' va .Z_ W Ora W LL A'i A X 0a X .-c a E � y cn y E a. P.7 oEa co W W O 93. O h Va M f/a H o m v ..e x V] w H W ae 9%4 E y Q a C=3 A o a O C•� .aC E :d a U = ae O O H E 04lim E �' ►y. A aG E A E ac ae er cn „ m 0a m .p. n ad X U 04 y 00 E y A 912 d o d Ca ad O H N W O w O O x ti � a as 93 y !+ CJ H a A m a ae oOG Ems-. Q+ aye = RC C X x f11 O I-•i pe E A y M. .A A i�7 IH-f X 0+ 04 04 O W �-a 44 �{ MBWJDLM PRM>rr)!i OF ALASKA (I M = WN PURCHASE OII= CITY KENAI INHITE - VENDOR 3OLDENROD - ACCOUNTING :ANARY - ACCOUNTING SLUE - SHIPPING a RECEIVING 3REEN - APPROVED COPY SINK - REQUISITIONER OF 210 FIDALGO ST. PHONE 283.7538 KENAI, ALASKA 99611 VENDOR NO. 11460 F Nelson & Associates TO 215 Fidalgo.-,venue, Suite 204 Kenai, AI' 99611 L Ordered by: Kornelis SHIP VIA: BY 7 I T I RELATING TO THIS PUR- CHASE NO. ORNM ELATE PREPAY SNIPPING • CHARGE .W%PWW_ 9 W,. _ "A' PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS ALITHORIM AGENT ITEM NO. DESCRIPTION OR ARTICLE QUANM UNIT UNIT PRICE AMOUNT Engineering to determine the exact percent of work remaining by the Kenai Courthouse excavation sub -contractor. These figures will be used to bring excavation off T & M and back to a as -bid cost figure. Not -to -exceed - 29888.0 J TOTAL 2,888.c DEPARTMENT --Courthouse Protect 219.50.8o96 2,88 .0 BY Approved by Alaska Court System Date Approved by City Council Nelson& CONSULTING ENGINEERS • Wm. Associates STRUCTURAL / CIVIL / PLANNING 215 FIOALGO, SUITE 204 KENAI, ALASKA 99611 [90712B3-3563 FAX 190712g3-4514 March 22, 1993 PAR 1993 • Received Keith Korne l i s City a. Kmi PubliCWorksOeDti Public Works Director City of Kenai 215 Fidalgo ne .� .0w Kenai, AK 99611 — V 4i: dr RE: Kenai Courthouse •- ' Dear Keith, The following is the cost for the engineering.required to determine the percentage of work remaining to be done by the excavation contractor on the above referenced project. Field Work Office (calculations & report) Miscellaneous Total Review & Modifications Rk10ur,174 36 hours @ $50.00/Hr = 4 hours @ $85.00/Hr = Surveyor @ $680.00+10%= Total 8 hrs 24 hrs 4 hrs 36 hrs 4 hrs $1,800.00 340.00 748.00 $2, a88 . oo 4--' 'OeXewe'o Thank you for the opportunity to provide this proposal. If you have any questions, please feel free to call. Sincerely, . J. Nelson, PE GC#12KK032293.172 Suggested by: CITY OF KENAI NO. 1539-93 Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $220,000 IN THE GENERAL FUND FOR REDEMPTION OF THE 1980 GENERAL OBLIGATION BONDS. WHEREAS, in 1980, the City of Kenai issued General Obligation Bonds to help finance construction of the City Administration Building; and WHEREAS, bonds maturing after August 1, 1993, which total $220,000, carry interest rates of 7.75% (August, 1994 maturity) and 8% (1995 through 2000 maturity); and WHEREAS, these bonds may be redeemed early, resulting in a savings of net interest costs to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $220,000 Increase Appropriations: Non -Departmental - Transfers $220,000 1980 Debt Service Fund Increase Estimated Revenues: Transfer from General Fund $220,000 Increase Appropriations: Principal Payments $220,000 /^ P'� Ordinance No. 1539-93 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of May, 1993. JOHN J. WILLIA14S, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: May 5, 1993 Adopted: May 19, 1993 Effective: July 1, 1993 Approved by Finance: CQQ_ (4/27/93) kl Suggested by: Financ.= City of Kenai ORDINANCE NO. IS40-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING AN AMENDMENT OF THE TERMS OF THE GENERAL OBLIGATION DONDS, 1984 SERIES A, AUTHORIZED BY ORDINANCE NO. 972-84; AUTUORIZING.THE EXECUTION OF AN AMENDMENT TO LOAN AGREEMENT BETWEEN THE CITY OF KENAI AND THE_ALASKA'MUNICIPAL BOND BANK; AND PROVIDING FOR RELATED MATTERS. WHEREAS, the City of Kenai ("the City"), by Ordinance No. 972-84, as amended (the "Bond Ordinance"), authorized the issuance of not to exceed $2,850,000 of General Obligation Bonds, 1984 Series A of the City ("the Bonds"); and WHEREAS, Resolution No. 84-22 of the City authorized the sale of the Bonds to the Alaska Municipal Bond,Bank (the "Bank) under the terms of a Loan Agreement dated as of October 1, 1984, and an Amendment to Loan Agreement dated August 1, 1986 (together, the "Loan Agreement") between the Bank and the City, and the Bank purchased the Bonds with the proceeds of its General Obligation Refunding Bonds, 1984 Series A (the "Bank Bonds"); and WHEREAS, the Bank has determined that a refunding of a portion of the Bank Bonds will reduce the combined principal and interest payments thereon and on the Bonds; and WHEREAS, after due consideration it appears to the City Council that it is advisable for the City to provide for the amendment of the terms of the Bonds and the Loan Agreement to conform to the terms of the refunding bonds to be issued by the Bank, in order to effect a savings of debt service on the Bonds; and WHEREAS, because the principal amounts and interest rates of the amended Bonds will not be known until the Bank sells its bonds to refund the Bank Bonds, the exact principal amounts of and interest rates on the Bonds as amended shall hereafter be fixed by the Mayor or City Manager subject to the provisions of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, as follows: Section 1. Amendment of Bonds. The Mayor and City Manager each hereby is authorized to approve amendments to le� the Bonds maturing on and after October 1, 1997, to conform the principal amounts of, interest rates on, and redemption terms of, such Bonds to the principal amounts of, interest Ordinance No. 1540-93 Page Two rates on, and redemption terms of, the corresponding bonds of the Bank issued to refund the Bank Bonds, provided that (i) the true interest cost expressed as a percentage payable on the outstanding principal of the Bonds as amended shall not exceed 5,5% per annum, and (ii) the debt service savings to be realized through the amendment of the Bonds will equal at least 2.0% of the principal amount of the amended maturities of the Bonds, net of all issuance costs and underwriting discount, on a present value basis. Section 2. Outippnal RedgUtion. If any of the Bonds maturing on or before October 1, 2003, are amended pursuant to Section 1, such maturities of the Bonds shall not be subject,to optional redemption by the City prior to their maturity. If the.Bonds maturing on October 1, 2004, are amended pursuant to Section 1, such Bonds shall be subject to redemption of the City at the times, and on the terms, fixed by,the Mayor or City Manager pursuant to Section 1. Section 3. Issuance and Exchange of Bonds. The Mayor, City Manager and Clerk each hereby is authorized to execute Bonds amended pursuant to this ordinance and deliver such amended Bonds to the Bank in exchange for the original Bonds. In case any officer whose signature shall appear on any amended bond shall cease to be such officer before the delivery of such Bond, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Section 4. Amendment of Loan Agreement. The Mayor, City Manager and Clerk each hereby is authorized to execute an Amendment to Loan Agreement in substantially the form submitted to and part of the records of this meeting, incorporating the amended terms of the Bonds as authorized by Sections 1 and 2. Section 5. Authority of Officers. The Mayor, City Manager, Finance Director and Clerk each hereby is authorized and directed to do and perform all things and determine all matters not determined by this ordinance, to the end that the City may carry out its obligations under the Bonds, the Loan Agreement and this ordinance. Ordinance No. 1540-93 1^ Page Three I PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of May, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: May 5, 1993 Adopted: May 19, 1993 Effective: May 19, 1993 Approved by Finance: C?tj (4/30/93) kl REAL ESTATE SPECIALISTS - ERA® April 29, 1993 <,7F.21119`o t APR 1993 �• Loretta Harvey, Administrative Assistant t" _ : , �. LA City of Kenai ��:_ '„. YU K 210 Fidalgo Kenai, AK 99611 ~`Q, � vr� RE: Encroachment Permit - Lot 9, Block 2, Deepwood Park Addition Reference your letter of April 29, 1993 advising Mr. Jackson of denial of application for permit. Please be advised that it is the intent of Mr. Jackson to appeal that decision_ Mr. Jacksons' work schedule is such that this letter is also a request to allow that appeal process to be handled by me as his agent. Please contact me for any relative information or notify me of additional procedure requirements to comply with the Kenai Municipal Code. 0 RoA 7ohnson, Broker 610 ATTLA WAY, SUITE 2 • KENAI, ALASKA 99611-0610 • 907-283 7755 • FAX: 907-283-81033 Each office independently owned and operated is I ©�J 14.20.280-14.20.290 14.20.280 Public Hearings and Notifications: (a) Intent: This section governs all public hearings held by the Commission as required by this chapter. (b) Public Hearing Notice: Notice of the public hearing shall be published twice in a paper of general circulation within the City. The first notice shall be published not less than seven (7) days prior to the date of hearing. The notice shall contain at least the following information: (1) A brief description of the proposal on which the public body is to act; (2) A legal and common description of the property involved; (3) Date, time, and place of the public hearing; (4) Person and place to contact for more detailed information. (c) Property Owner Notification: A copy of the aforementioned newspaper notification shall.be sent by certified mail to real property owners on record on the borough assessor's records within a 300-foot periphery of the parcel affected by the proposed action. This notice shall be mailed not less than ten (10) days prior to the date of hearing. When a public hearing is to be held about a proposed zoning ordinance amendment involving a change in the text or major district boundary changes, no notification of neighboring property owners shall be required, but notices shall be displayed in at least three public places. (Ord. 925) 14.20.290 Appeals - Board of Adjustment: (a) Appeals from ecisions of the administrative official or the Commission shall be heard by the Kenai City Council acting as the Board of Adjustment. (b) Procedure: (1) The Board of Adjustment shall set a date for and a earing o all appeals within thirty (30) days of the filling of the appeal. Notice of the time and place of suc r -i. Baring shall be mai ed to all parties interested and to all property owners within 300 feet of the property involved at I� least ten (10) days prior to the hearing. (2) Within thirty (30) days after the hearing, the Board of Adjustment shall render a decision on the appeal. In exercising the above -mentioned powers, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or requirement, decision or determination as ought to be made, and to that end shall have all the powers of the body from whom the appeal is taken. (3) All meetings of the Board shall be open to the public and the Board shall keep minutes of its proceedings 14-58 (City of Kenai Supp. #47- 2/10/88) 14.20.290-14.20.320 Lo owing its decision, the reasons for its decision, and the te of each member upon each question. Said minutes shall made a public record. (Ord. 925) 14.20.300 Appeal to Superior Court: An appeal from any action or decision of the Board of Adjustment may be taken by any person to the Superior Court as provided by state law and applicable ordinances. (Ord. 925) 14.20.310 Severability: In the event any portion, section, subsection, clause, sentence, or phrase of this. chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 925) 14.20.320 Definitions: (a) General Interpretation: (1) Words used in the present tense include the future tense. (2) The singular number includes the plural. (3) The word "person" includes a corporation as well as an individual. (4) The word "lot" includes the word "plot" or "parcel." (5) The term "shall" is always mandatory. (6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed to be used or occupied." (b) Specific definitions: (1) "Accessory building" means a detached building, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot as the main building or use. An accessory building shall be considered to be a part of the main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. (2) "Accessory use" means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land. (3) "Administrative official" means the person charged with the administration and enforcement of this chapter. (4) "Agricultural building" means a building used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public. (5) "Alley" means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. 14-59 (City of Kenai Supp. #50 - 3/10/89) 1791-1991 r� CITY OF KENAI 62aladai 4 44,u" 210 FIDALGO KENAI, ALASKA M11 TELEPHONE 283 - 7535 FAX 907-283.3014 TO: Mayor Williams and Kenai City Council FROM: Keith Kornelis, Public Works Director DATE: April 30, 1993 FOR: Council meeting of May 5, 1993 Attached, for discussion, and subject to change by City Council, are the 5/ 1 /93 rates we plan on charging at the City Dock. The City is purchasing fuel for about the same as last year so I left our customer rates for fuel the same. Changes from last year: 1. The two lessees on the dock will have to pay the same as everyone else when they use our station. In the past we gave them a break and only charged them what they bid for their station. 2. This is the first year we will be charging a fee to launch boats. The cost will be $5.00 to launch a boat, which includes up to 10 minutes on the ramp. For every minute after 10 minutes the customer will have to pay $1.00 per minute. It will still be unlawful to block access to the ramp or floats. Charging for launching a boat may stimulate calls to Council and the Harbor Commissioners. The Harbor Commission is making this recommendation. Please see the attached copy of the November 9, 1992, Harbor Commission minutes. KK/kv Charles A. Brown, ' Acting City Mngr. The City Manager shall establish the fees, rates, and charges for the billing and collections for the support of the harbor. The City Manager reserves the right to change the rate schedule v any time. RATE SCHEDULE SUIVIINIARY 1) Product wharfage (w/o fork lift) ............................ $ 0.0611b. Non -product wharfage (ice, nets, staples, etc.) ..................... 0.03/lb. Under 500 Over 500 awiffil a" 2) Fuel - fmolis ............................ Regular . 1.33 1.28 State Marine Tax ._M _M Total $/Gal.. 1.38 1.33 -.................................. #2 . 1.02 .97 State Marine Tax Total $/Gal.. 1.07 1.02 3) Septic tank dumping: A) 0-50 gal = ...................... 5.00 B) 51-100 gal= .................... 10.00 C) 100 gal + _ .................. 0.10/gal. 4) Boat Launch Ramp 0-10 min. _ $5.00 Each minute over 10 minutes = $1.00/min. 5) Tie Up Fee (Skiffs) ..................................... 1.00/day 6) Fork Lift w/Operator (1/2 hr. minimum) ....................... 50.00/Hr. 7) Equipment rental - Hot Pressure Washer ....................... 40.00/hr. 8) Equipment rental - Battery Charger/Starter ...................... 12.00/hr. 9) City Labor Charges (for call out, 2 hr. min) ..................... 30.00/hr. 10) Other items .......................... See Dock Manager Prior To Use HARBOR COMMISSION November 9, 1992 6. NEW BUSINESS: - 3 - a. User Fees - General discussion regarding users fees for boat ramp, the need for personnel to collect fees, and nearby camping cannery personnel using public dock facilities and an ordinance needed to address that issue. Restrooms at the dock took a beating this summer and it was felt the dock area is suffering due to the canneries not providing sanitary facilities for their employees. It was felt the City should put some squeeze on the canneries to maintain adequate sanitary facilities. ACTION TAKEN: JAHRIG MADE A MOTION FOR THE CITY TO ESTABLISH AN ORDINANCE FOR CANNERIES, FISH PROCESSORS AND OTHER PRIVATE PROPERTY OWNERS ALLOWING CAMPING ON THEIR PROPERTY TO SUPPLY ON -SITE MAINTAINED SANITARY FACILITIES. ELDRIDGE SECONDED. MOTION PASSED UNANIMOUSLY. Jahrig is in favor of establishing boat ramp fees if summer help is supplied in conjunction with Parks & Rec. Discussion followed concerning iron ranger/honor system which could become confrontational. ACTION TAKEN: ELDRIDGE MADE A MOTION THAT DURING THE 1993 SEASON A BOAT LAUNCH FEE BE ESTABLISHED IN THE AMOUNT OF $5.00 FOR THE FIRST TEN MINUTES AND A $1.00 PER MINUTE CHARGE FOR EACH ADDITIONAL MINUTE BEYOND TEN MINUTES FOR BOATS BLOCKING THE RAMP. THE CITY SHOULD DEVISE AN ENVELOPE RONOR SYSTEM TO PROVIDE MEANS FOR VOLUNTARY COMPLIANCE AND SHOULD PROVIDE DIRECTIVE SIGNS WITH A PHONE NUMBER TO REPORT VIOLATORS. JAHRIG SECONDED. ON CARRIED UNANIMOUSLY. 7. DISCUSSION• Mr. Freden's Harbormaster Conference report already discussed. 3. COMMISSION COMMENTS AND QUESTIONS: Commission briefly discussed the Authority Act information that Mr. the conference. Further discussion next meeting and Commission requests their December meeting packet. Alaska Municipal Port Freden brought back from will be postponed until a copy to be included in 11.05.060-11.05.090 the terms of his permit, it may cancel the permit upon such notice and in accordance with such procedure as it may, by regulation, prescribe. (KC 11-9) 11.05.070 Facility Rates and Charges: The City Manager shall fix the rates and charges for the use of any and all terminal or transportation facilities constructed on property under its jurisdiction, including charges assessed against vessels, their owners, agents or operators which load or discharge cargo at any of the terminals within the harbor area; charges for berthage while loading or discharging cargo; charges for administrative expenses in serving the carrier's charges for freight handling, loading, unloading and wharf demurrage rates. Such rates and charges shall be just and reasonable, as determined by the City Manager, subject to change by the Council, and shall be published by posting on the Council Bulletin Board and in such other manner as the Council may require. (KC 11-10, Ord. 1208) 11.05.080 Leasina Not Prohibited: Nothing in this chapter or in this code of ordinances shall prohibit the City Council from leasing the docks, dock sites, and other harbor facilities to private persons, firms, and corporations. (FCC 11-11) 11.05.090 Use of Launch Ramp and Float: (a) The City of Kenai launching facility shall be open to the public upon reasonable terms and conditions as provided by regulation.' (b) It shall be unlawful to block access to either of the launch ramp or float facilities. "Blocking access" means leaving a boat, trailer, or vehicle upon the launch ramp or float in such a position as to prevent the launching or retrieval of boats. (c) Person blocking access to the ramp or float facilities shall be subject to a civil penalty as provided in KMC 13.05.010(b). (d) Each one -hour period for which the ramp or float is blocked shall be considered a separate offense for the purposes of civil penalties. (Ord. 1255-88) 11-2.1 (City of Kenai Supp. #49 - 11/23/88) UNITED COOK INLET DRIFT ASSOCIATION • P.O. Box 389 - Kenai, Alaska 99611 - 0389 (907) 283-3600 • FAX (907) 283-3306 May 5, 1993 Mayor John Williams Kenai City Council Members 210 Fidalgo, Suite 200 Kenai, AK. 99611-7794 Dear Mayor Williams and Kenai City Council Members, United Cook Inlet Drift Association (UCIDA) represents the 585 salmon drift permit holders in Upper Cook Inlet. Some 300 permit holders are current members of our association. UCIDA is also active at the state and federal levels as a member of the Executive Committee of United Fishermen of Alaska (UFA). UCIDA would like to express its support for the general concept of user fees for Kenai City Dock privileges. However, we would like to point out that commercial fishermen already make a considerable contribution to the City of Kenai in the form of raw fish taxes. The raw fish tax paid to the city in 1992 was $132,875.73. This does not include any revenues derived from property taxes or sales taxes on commercial fishing gear, supplies and marine fuels, not to mention other services and retail purchases made by commercial fishermen. Not only do commercial fishermen contribute more revenues to the City of Kenai than any other Kenai City Dock user, but they also receive very few services as a direct result of those revenues. For the most part, area processors provide the majority of the needed commercial fishing related services. And those not provided by the processors are supplied by local businesses. Use of the Kenai City Dods is one of the few services the city does provide the commercial fisherman. In light of this information, UCIDA respectfully requests that you consider exempting the commercial fishermen from the Kenai City Doric user fee requirement. Thank you. Sincerely, Joseph Jolly, UC DA Tsident 1791-1991 r CITY OF KENAI G'djaddl 4 �4,"„ 210 FIDALGO KENAI, ALASKA 9MI TtE "HONE Zia - 7535 FAX 907.283-3014 TO: Mayor John Williams and City Council FROM: Keith Kornelis, Public Works Director (n'�o DATE: April 30, 1993 SUBJECT: Kenai Bicentennial Visitors dt Cultural Center PUNG8 LA)t, Speed Bumps I have found two sources for the speed bumps: Barco Rubber = $32.22/ft. Musson Rubber = $29.78/ft. The Musson speed bumps look the best, for portable bumps, to me. The Kenai Peninsula Borough uses these bumps and they think they are great. I think we could get by with one row of them in the middle of the parking lot: 4 - 20' Q $595.65 = $2,382.60 1 - 10' @ $304.15 = �3 4�.15 Total $2, 686.75 Plus shipping 1000#, est. 6000 $3,286.75 Alaska Roadbuilders said they could form asphalt speed bumps that would be laid on top of the existing asphalt for about $7.00/ft. This would cost less than $1,000.00. It would be more to key them in. I think we would be better off with having Alaska Roadbuilders put in the speed bumps and have them do something more structurally sound than laying them on top of the existing asphalt. Please let me know if and/or how you want this pursued. KK/kv ot L ; � 71H ilk Ur i2 Ova .Y � � `raj' �%' `A • Jc �: C AS �.INO . ell \ � 1, r• r`'r .i#j � �'z_��' .<,j+r� t �"y 51 . � << � 'p. i:•i. � �'1 ILA S1'• � '. i v Ai.9 •''� i ki' - 7r1 3':i t x 1 1� " �, �� . K 4 '�, f'�a,,.�� •'�, it r .' ."'�`'�..� ��}' .t . �1�. NEWyY7-Mw''a t ,t�{_ T �•• "�',y'� `N� l i CT�•. L 'f�1 l�r.l�i� * � ,� y ,130�_ These 4 pr ily a fE w pro ►du cts. For for �, 4u rite foi 24 pa 3 ° E tip is ANTI -FATIGUE MATS .HYGENIC ANTI -FATIGUE MATS :.L- --1 bevelled edge HEAVY DUTY Long standing cushion comfort that relieves tired legs, aching feet and insulates cold floors.10 popular col- ors in 4 standard sizes and runners up to 30' in length. 3/32" thick rubber bonded to a 3/8" thick foam base. it price lis, CUSHION-LO'K ANTI -FATIGUE MATS Sections lock together to make custom sizes A full 7/8" thick availat in stock sizes of 24"x3E 36"x48", 36"x60" or cL tom sizes made to Unique non -slip di mond top surface h 1 /2" holes permitti liquids to fall thru. Black color field; Blade or safety yellow bevelled ramps a corners can be permanently attached to any or all edge: DOCK BUMPERS LAMINATED RUBBERIZED FABRIC Absorb impact with maximum protection and economy 2M x 110 vertical tpee Model MV9429 r e e ar U!, :II a of �I�J L=�•.-J L=,�- •v ,ewr. two BUMPERS MODEL RBS Resilient rubber resists age, weath- er and wear. Compresses and resumes original shape. Standard 12", 18" and 24" lengths. Also custom lengths to W. These Musson dock bumpers are made of lamina sections of rubberized fabric in a steel frame. T absorb truck impact and prevent damage to dock buildings. A thickness of Ch" is usually rated "hf duty". Sizes include 41h"x6"x36", 41h"x10"x14" 4 10"44", 41h"00"x36", 41h"02"x24", 41h"x12"x36" 41h"x20"x11". Also available in vertical or horizc styles in custom sizes with 10 year wear guarantee. MOLDED RUBBER MODEL R This rectangula• 3- sign can be inst, 3' horizontally or tically depandir 12" 6- truck bed he, _ Excellent for bevelling rar 0024" Made of reinfc rubber with 4 drilled bolt hol PORTABLE SPEED BUMPS Use to slow traffic in arils without the Made of extruded, highly visible y expense of permanent Speed bumps. EPDM rubber that requires no They can be moved easily from location They are abrasion resistant anc to location or moved aside for plows. flexible in cold weather. Simpl down across roadway; the weight rubber and wide base keeps the sx..=' "place. If anchoring Is required, t can be fixed in position with ca. chain. RELATED ITEMS: Bumper Bolts, Stud Anchors, other anchorage accessories, Corner Guards, Safety Walk Strips, Heavy Floor Mats. SLOWEM DOWN with BARCO RUBBER So Durable Even Trucki.on't Damage TFerrT DONOR WAIT ACC30MT TO HppPEN ON YOUR P ORDER N r.r M�Ey N aVp`F�A BARCO SPEED BUMPS 48" long x 12" wide x 21/2" high. Weight 35 lbs. $128.88 each plus shipping charge. Fasteners included. To order by MasterCard, Visa or *ZA+•�,, American Express credit card, phone 1-800-338-2697 ___________________ ______ BARCO PRODUCTS • 11 N. Batavia Ave. • Batavia, IL 60510 ORDER FORM L--Barco Speed Bumps (at $ ea.).$ qh► In Nnois add 61/2% sales tax $ Total $ -❑ Check enclosed - - - ❑ Charge to ❑ MasterCard; ❑ Visa; ❑ American Express card no. expiration date ❑ Please bill as per purchase order attached Deliver to: Firm name Sweet addreaa city state Zip Tros Phone "WIN, -. r1. .. .:.a ice."�e ..- rf_t t{t APPROVAL OF ALASKA COURT SYSTEM BY DATE CHANGE ORDER NO.: 7 Project: Kenai Courthouse Date: May 5, 1993 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 - 1. RFP 03 - Delete layer of roof gyp. board from the top of plywood roof sheathing where ever mansard roof occurs. -903 2. RFP 04 - Delete the chilled water system as bid and utilize city water for the cooling coils. -33,371 3. RFP #6 - Add 5 fire extinguishers and re- locate 2 existing ones. +1,009 4. RFP #7 - Delete centralized domestic hot water system as bid and provide point of use type electric water heaters. -6,309 5. Provide vapor barrier required because of having to pour interior footings separate from the slab. +318 Net change in contract price due to this C.O. - 39,256 CHANGE IN CONTRACT TINE 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 C011, 2, 5, & 6 426,073 CO#3 & 4 = $216,517 (3 & 4 not ACS approved) This C.O. 17 - 39,256 Revised Contract Amount 5,090,817 (Attached) (Abaw) is full justification of each item on this C.O. This C.O. is not valid until signed by both the Owner, Architect and Alaska Court System. 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 G & S CONSTRUCTION P.O. Box 1493 SOLDOTNA, ALASKA 99669 Phone (907) 262.6223 FAX (907) 262.7836 TO McCool Carlson Green 901 W. 29th. Ave. Anchorage, Ak. 99503 Number — PHONE i0Y=12-93 : .I JOa NAME/LOCATION ALASKA STATE COURT I� HOUSE KENAI, AK. We hereby agree to make the changes) specified below: The following is the credit amount for not installing the sheetrock at the mansard area. ------------------------------------------------ Total Credit: $ 903.00 NOTE: This Change Order becomes part of and in conformance with the existing contract WE AGREE hereby to make the changes) specified above at this price $ ,ATE PREVIOUS CONTRACT AMOUNT $ UT HORIZED 5•GN.TUR ICONTRAC __V__, REVISED CONTRACT TOTAL ! $ ACCEPTED — The above prices and specifications of this Change Order are satisfactory and are hereby ac- cepted. All work to be pertormed under same terms and as speciiied in Oriainal contract unless Giriei- v:Isa stipuiatea. Date of acceptance Sicnature .47TACHIMtW PAa11 Z_ OF. :\ FROM MC COOL CARLSON GREEN 03.22.1993 10114 P. 2 oVWIM E71NN1"RAClOR Cs S. C,gwoncc . IV'r Gf�1 Q�0 cTi 4k•*,a6 mwm Not 7> awndtt 7-10 r z, �,5o DATlt r) TO. gbwk ' �Ca G.ohsi rw�1�n '1 AW*Twm mole= NO: mr k o 't- 3 p, ©. �+q� 1�4 ? 3 COWRACT lot e cAcLo+rw%. Ar- *mL(o'r L j CONTRACT DATED: wbp* an � i d HNNtla Mtn Cmwm Sm vWw TUht WMdoW a peopoW n+"ka. q THIS It WT A OVOM 0*01R NOR A DkIIttcn*N TO f O= WITH THE WORK OESCRIRED HEREIN.. DNttlp"t mam *ww" M it wwa VWe.% {a`3Ge- ok- (�wcv A t-vo� oc.�ur �A'Y,z.� C.-IF moo- gKP 600.C-ol.. -2�w, -� -6e r-ocrF Slne�� w h�c-save.�-' ►rciv�sac�t -sk- e-A c h , -ro cal► C u.,6 4-6 o, p(ro K , c,tz J Z- DO ANIChm o.- so WWM ft s rw mom &moWw ARcmrfwr.- l 1 1 c. CAW I C4.e-(%g WN ws ,-- —._ I / /- D �,,.ot acrT4 t� be, c ee ke etek % s sh e- -t-ez, AIAsecoitAtor 00 • MWOM MMUMW • APRIL 1M WIN • AV0 • *110 • TM c" PA09 AMDJCAN *4 M" 01 ARIDN'1k% IM NNW V= AWL. MIK, v AM*4d K 04 tit; ; ACH MENT 0103'fR Q. FROM MC COOL CRRLSON GREEN 83.22.1993 10814 P. 3 't Y e r ACHMENT oF--ff ***END*** r, I G & S CONSTRUCTION P.O. Box 1493 SOLDOTNA, ALASKA 99669 Phone (907) 262-6223 FAX (907) 262-7836 TO McCool Carlson Green 901 W. 29th. Ave. Anchorage, Ak. 99503 oNGE Co.* 7 Number /R Je We hereby agree to make the change (a) specified below: ' In response to RFP # 4 regarding the change in the chiller, we are offering the following credit. Sub Contractor: <$ 30294.00> Trade out wing wall deletion for added excavation and pit. - Overhead and profit: <$ 2423.00> Bonding: <$ 654.00> Total Credit: C$ 33371.00 jWAirTE TAME 0,YIJ.&AIRD 4+Ard"A SYJPW*w A* d V a d Gar y &a /*5 tom► I! 3 B / b 0,000Le vs GereS, NOTE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change(s) specified above at this price I $ Z I PREVIOUS CONTRACT AMOUNT $ ! AUTHORIZED SIGNATURE ~,� ! REVISED CONTRACT TOTAL $ ACCEPTED — The above prices and specifications of this Change Order are satisfactory and are hereby ac- Date of acceptance cepted. All work to be performed under same terms and conditions as specified in original contract unless other- Signature wise stipulated. (OWNER) `\AMICHNIFINIT A1';E L— OF-J@ OWNER PROPOSAL ARCHITECT pQuST CONTRACTOR "��C REID AfA DOCUMENT GM OTHER G ; =r o-S- =-ems► �,-4 J1t L tr Z.Go•• situ-�`A^ PROl r: A1,0, 71mt4 PROPOSAL REQUEST NO: (name. addresslC-Otm-kt,�St .two�I Amu k-Q OWNER: 6-H a f DATE: / �9 F TO: (Convactot) � r ARCHITECT'S PROTECT NO: p Z, 3 (� �, S (1,�t�vc�►bh P- D gvk 1 s1t 9' 3 1 CONTRACT FOR: �- tt�a,► L o ut-'4f C Lsoc d.c+v jx- , -A K- "j`j'(. 6 9 _j CONTRACT DATED: Please submit an itemized quotation for changes in the Contact Sum and/or Time incidental to proposed modifica• lions to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. Description: mono dwaoum of dr Wo l . De.1 ate- 4,c _ W,►,�cr S� 5-�- 4s Sl,owr. ova - o cj iv� po Lu+�`. t , a..ai tJ� Il Ze G ; Y W •s-� -�r G 'y s r.. ool ::F';-:: �� : o •n a� 0l a.s - b u : 4 al oc. i o h AttiChmentt: non nub" dwww.tn the swOn dnetw m a— A%, 4 . 2� ARCHITECT: mC�6, t Ga,rl�� �✓\ BY: Au oocuuMr vw • NUMM ►t, UQUW • Afxtt 'two WMCW4 • A" • o,sro • t ,'ACHMINT rwcF AMUMM 1Ns7i M Of PACMVWM V!S NOW V= AVIL. N.W.. WASNltiG7aN. o x_ 7000i � i�• 01035R � nor a CHILLED WATER SYSTEM CHANGES General Scope: Convert the chilled water system to utilize city water for the cooling coils. Route the discharge to a storm drain. To a=mplish this work, the Contractor shall provide changes to the chilled water system as follows: A. Sheet M4.2 - Delete water chiller, circulation pumps PMP-5A AND -5B, make up pump PMP- 6B, glycol tank T-4, eximsion tank T-3, and all associated piping and ate. Connect the CWS line shown on M4.2 to the building water main. Revisions indicate the point of connection to the building water system and the new piping oonSigurabom These changes are shown clouded as revisicm 1. B. Route the CWR line shown on M4.2 to discharge as follows: Connect all four cooling coils to a common pressurized discharge line (formerly the CWR line), route the pipe up inside the plumbing wall for toilets 173 and 174 to approximately 11 feet AFF, above ceiling over the library (room 167), across the top of the O/A intake (room 186) to the south east comer (plan view) of room 186 (ccp)sed), down the inside of the exterior wall (exposed) to 12 inches AFF the first floor, and out through the exterior wall to the catch basin. Provide a 90 degree bend and discharge pipe to direct flow directly downward and across a 4 inch air gap. Locate discharge directly over the outlet pipe of the catch basin. Horizontal pipe shall be sloped at 20/6 toward the point of discharge. The discharge line shall be insulated with 1 inch fiberglass insulation and shall be acoustically isolated from the building structure with vibration isolating pipe hangers. C. Construct the catch basin as follows: Unit shall be of rectangular concrete construction, 18" by 18" by 18" deep. Basin shall be covered with a recessed light duty galvanized steel grate with a free area of approximately 75%, and a clear opening through the grate for water discharge. The catch basin shall be located within the cobbled rock that borders the building (see Detail 9 on sheet L 1.2). Center the catch basin within the cobbled rock. Flow from the catch basin shall be through a 4 inch pipe buried underground and routed directly to the yard cleanout riser for the 6" storm drain. The pipe shall be sloped at 2% toward the storm drain and buried approximately 3 feet. D. Sheet M2.3 - Delete water chiller, piping and pad near grid G-8. Add the discharge piping, catch basin, and the 4" underground pipe to the yard cleanout riser for the storm drain, as descnbed in item B above. E. Sheet M4.1- Delete T-3, T-4, PMP-5A &-5B, PMP-6B and associated piping. Add the supply and discharge pipe routing. 2. Revise the as -built record documents to accurately reflect all changes. 3. Revise the requirements of specification section 15850 paragraph 3.06 C. to read: 4. Pressure Reducing Valve (PRV) Setpomt. Balance the water flow to the cooling coils as follows: Open all the coil balancing valves wide open, determine the valve with the critical flow, proportion the other balancing valves, and subsequently adjust the PRV setpoint to attain the total flow required by the Cooling Coil Schedule. ,ACHMENT QL 4. Revise the requirements of specification section 178M paragraph 3.05 M. to rqd: M. Cooling Coil System 1. Cooling Coil Control. The cooling coil in each air handling unit (AHU-1 through AHU-4) shall operate as described in C. above. Delete chiller and associated wire, conduit and disconnect. Existing circuit Weaker in MDP shall remain. 2. Delete chilled water circulation pumps MO-5A, PMP-5B) and makeup pump (PMP-dB) and associated wire, conduit and disconnects. Existing circuit breakers shall ream- 3. Revise the as -built record documents to accurately reflect all changes. hA92101192101.40130wcws.doc .,%HMENT pz OF.—$ 2 A PAGE NO. OF 2- PAGE 3 om x rZ111? . _ Ciiti1lAT� " W�'_...._�_.�__.. HE — GV'EF—ZKEYAL AP i41 DESCRIPTION QUAN tt EXTENSION mo - - L .,/— I kg b o r— __. UCAPS s sa Z_ s 2� �— _ I 1, UMp Ca 9 J : 3 0 �- �:xr•,�.� ��Q r l Ins" I Sibs AumAf. k-ro IL 2.yLd LLPH-, t1A►u_ik 11.1 � a"� n I _ 4 i i�f: UC1 N� "�iF+•'�I�k� O70 O �l I _ C.�MP�sn•�. 3 , o ,0 9� 3 i .. 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W N [ 1 a o o a .. 9 6 e 7 6 *a.J W • O N N a .awW Wa iWCI000d n i al d0 wfta/ava a wuuuww 0. n U W 1 A N a W N 21 A 1 Q NNa7NNNN•t ff o NNNN a 1 2 t r. ►• k / m 4 1 Y wC ayc 1 i W W W • 1 ►+ t2 is tD r1 l K 1 i Z t< • k N N W aCR d'•Cd' COmemNSSS • Y/ • 1 W p 44q..L d IL IL x S W W W • I H f • �9L0.1 L d J4a•d • N C I M 000000000 a 0•t M M wd e 0 IC 1 .+ '1 U w u w w u I, z it z :10 0.da. o X 1 P W 1 10 Y1 W1ff N1AW MMInMW 1t14 14 rw n 01 w• • weo • r..�+r •+• •+r•-I • O tJ 6 1 • � po it d L• W• 48Ow •• CON.��r.r • Y ry N N N N N N N N N N N N N N N N rr a rt wa noP t7 O N m a m �t 16 N a O g U,_—g P r G & S CONSTRUCTION P.O. Box 1493 SOLDOTNA, ALASKA 99669 Phone (907) 262.6223 FAX (907) 262-7836 TO McCool Carlson Green 901 W. 29th. Ave. Anchorage, Ak. 99503 We hereby agree to make the change(s) specified below: 07 Number KJ � I i.J ems• + PHONE ' V'l2-93 !� JOB NAME/LOCATION HOUSE KENAI, AK. The following is the extra costs to provide additional fire extinguisher as requested. Materials: $ 545.00 Additional Labor: $ 315.00 Overhead and profit: $ 129.00 Bonding: $ 20.00 NOTE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change (s) specified above at this price $ DATE _ PREVIOUS CONTRACT AMOUNT $ AUTHORIZED SIGNATURE (CONTR T R) I ACCEPTED — The above prices and specifications of this Change Order are satisfactory and are hereby ac- cepted. All work to be performed under same terms and conditions as specified in original contract unless other- wise stipulated. REVISED CONTRACT TOTAL! $ Date of acceptance Signature __ r IOIKNERI OFJ OWNElt 07- ev�cc 1 PROPOSAL ARCHITECTS UQp� u� CONTRACTOR S '-o .•s"FT ��} ;an REiD A/A DOCUMENT C709 1 OTHER PROJECT: A%S %--' S+O-TeL01-14 -}trovk-- PROPOSAL REQUEST NO: �O (name. address) OWNER: +Y Of i �� ^4+� TO: (Con9 �r�. 9' 9.6 I( tractci�J rC-'.t S LahL +r'C; 'j0vl P. o. wok I��3 LSo ► Aofvvt� A-(G -T-f6 6 9• DATE: .4 / 5 / 9' S ARCHITECTS PROJECT NO: a Z 3 CONTRACT FOR: (L.0- ett"a 'S e- _J CONTRACT DATED: Meese submit an itemized quotation for clunges in the Contract Sum and/or Time incidental to proposed modifica- tions to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. Description: lwwam of do waw rr I, .1- n ��s�a rs� -i-o �o �'�� -t`� ►^^ ff= e�.cc. � �--� re +w- i SD v-\ ra PC) s t� ers as Sly o .n o� i�%e. c-s1- Fly - Ad, d 3 'F- i r-e- eoc 's �Yi r-e- L 0jo t � 2 . oc_aJ 6 V\ e ex t` S� i v� =� I c ✓ i S (new D ^ 4 r"S -�..�,o�f o�.v�.� o rye. �� i S-� , e. �-� � ►� .� � S �ve-�— o�-�- tc�ce.�h1' 12� Attachments: NM amcMd dowwww *M wA.�t a> AYat� ✓r al�c ; mu ►�nS —�-o e�c e,k-f- i r� ZS ke-- ARCHITECT: MA DOCUMENT GM - /ROr09AL M QUW - APRIL WO WM0N - Aug - • "70 - THE ONE PAGE AA uwAN marrt E Or ARCHITECTS. TJ= NEW YORK AVE.. N.W., WAsH04=014. D.G 2000E 01o35R 0 R a�, a ,�� u I E0 o, 037 D39 JUDICIAL I STAIR 1 I o42 SERVICES 1 'R �c AA ►4.1 + r r� 11 JANITOR f ACCESS. ACCESS. T 174 /-A".. B'- LIBRARY OFFICE 16H AA 64.1 RE 135 I 11 131 I y j g•� 041 RECP. 9 ATTOR14E' �f 134 J.S. I r I CONF• OFFICE i I 138 I 11 13�► j+ 12 - - AG.2 D,_a• _ 093 ti I _ i VEST. t _ rr II A6.2 I� G F.E.C. V ueaARY � RELIEF AIR 187 121A*—JW L' I1.f �•. f�•• 1 1 I I oa7 P . z-- i?- t=P b 4 - S - -13 rr . C 4. ftft- 7... VE LO By WITNESS WITNESS ATTORNEY os EST 1 5A 150 WAITING WAITING CIF. i 72 4'1 - 9 m 1 145 t 43 1 1 r - Leal es oa4 A -- ------ ., LOBBY '- 1 g;3 - +.. ,_ I 0'-- +� 2'-t a"go-onIk -'cr �ly 1 101 S.4 1 5.4 STAIR 8 ;� CLERK'S F I j TYP. t 71 t 8 LOBBY E e• o g 113 178 G i i A4 5. I 88 I IN ROOF ACCESS i ---_- _ LACOE 8 100 1_ a. 0° �t 7 4 110 GENERAL C�.ERK'S 1021 N OFFICE COPY 12 a tO t 77 N - I i �2 w BOOKKEEPER Cig> as. TYP. N To H g•_-� - 107 CHIEF DEPUTY.. JUDGE'S CHAMBERS 112 PRIVATE CORRIDOR 136 it DELIB * (Z UP UPtfi'L' 2 \'---1'-5 osac T o� i t DISTRICT COURTROOM/ j GRAND JURY 140 ` 59 STO. 5 ATTORNEY CONF. T STAIR 2 142 41�w — 72672 REST. I MAGISTRATE/01 _ COURTROOM 137 0l O 1 MM cooi- STA 1 w C __ 55A �� r w 1[7Z`� Id7-1T 9�m P•4 A,FF"4-C, 4-S-5 3 m I I � � —�9 —,8 ------------------------- 09 { 1 W Il c cc 40 10 kp N M O o as y_ Ge Y N W I O o =< t� M <ti 44 ,O o `o t. N Vf ref � �0 C v . OIn N i MJ: �, JJJ o o LS f U O al W a 1� J tvs inn M o a ® OD n W. in = M cm ~ '1 • N Iwo WM Q! O I + O r ` � 7[ y VM r N Ul �— -_ 0 �f --P 6 .4- S- 3 I u --�---------- I ----.-»-----------•� oat T I JURY DEIJBERA' :1:0.5 102 1 I CLERK/ ACCESS i JUDGE'S MULTI- oo� CHAMBERS PURPOSE I � I 101 b to N I � 003A T ao 106 ooE 4 I o01 I Nlakj �e.c— '—ir I 1 18 1'-5 1 I ! N I I SECRETARY ors vm i I I 163 I 090 'bow I I 119 LL I I LAW zm N CLERK QE:) os9 I VEST I — I 08 162 os7 079 099 STOR. ' 1 SUPERIOR COURTROOM 152 STO. 0 153 ACCESS. T. N JURY A6.3 M `oe ..�- 159 1 DELIBERATION uas I 1 a>1 T 158 I 46 115'—Ir 083 �- 082 I9—rl 6 —ir • VEg�./, -4 5--9' 3 WAI'1'1F `^ �%. 10 w.,0" 10 • 10 STAIR 1 CHAIN LINK FENCE 13S REF. 4 S.8 MECHAICAL CHASE --7 DN �---- M- *- *' -- iF- X-- M- R •- - PA- *. �G'�WA' (� � Z,_cr Q � C40 eke OA'Ul A J.-5 I ONO 4 Q 1 g'-of Q1 NINE PAN :1' - \AV.WALL LE END 3 CMU FULLY GR -- q--- la' 2x6 STD. WALL MAIIon c c .4-5-9 3 N A �t ii i il:t�i A WALL I MOUNTED F.E. (�c.1�c�• as mat MECH. • I 3'-Orf COORD. W/ MECH ELECT REQ. N 2 TEL 00ELECT. 3 1 o rc ' J BASEMENT SLAB ON WATERPROOF MEMOMW 0// MUD SLO REF, STRUCTURAL FAN RM. OPEN'G ABOVE DR., TMP. REF. MECH FOR OPENING INSU SIZES. 2X6 ====z-==s rMECH OPENING DUCT B INTAKE 186 9- P'8 F-I=P -% 4-5-,9- 3 ur s mwq avmw 1 �it A �0r.So■m �� OSTlIYJ 'I00 � � P"O,�„� O - I LO Q L .- - r G & S CONSTRUCTION P.O. Box 1493 SOLDOTNA, ALASKA 99669 Phone (907) 262.6223 FAX (907) 262.7836 TO McCool Carlson Green 901 W. 29th. Ave. Anchorage, Ak. 99503 Ya7glo ' w ri ilirW �-' coo or x1 o" •fit Number RfA* / PHONE O4m29-93 I' JOB *bft 10 HOUSE KENAI, AK. I JOB NUMBER JOB PHONE I II 11 II EXISTING CONTRACT NO. DATE OF EXISTING CONTRACT i 1 We hereby agree to make the changes) specified below: J. i' In response to RFP # 7 regarding the change in the domestic hot water supply, we are offering the following credit. j Sub Contractor: <$ 10078.00> Added Electrical: $ 4350.00 Overhead and profit: <$ 458.00> Bonding: <$ 123.00> Total Credit: AEc Arr& S Y3 r1ri" ? 3VAff <$ 6309.0(> A5 8 1b f Atoms ""0 F PO "POP a v sE' L-Acc rAeic av *?W&& PALPA ra it %. NOTE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change(s) specified above at this price I� $ DATE PREVIOUS CONTRACT AMOUNT! $ ACCEPTED — The above prices and specifications of this Change Order are satisfactory and are hereby ac- cepted. All work to be performed under same terms and conditions as specified in original contract unless other- wise stipulated. REVISED CONTRACT TOTAL $ Date of acceptance Signature (OWNER) I I PROPOSAL OWNER ARCHrr�c r 4L ASSOC . REQUEST CONTRACTOR C� o ni'+t'..c�►ar AIA DOCWNeIT am FIELD 1 /OTHER PROJECT: �}(ctSi�•e. S��e.Te C_.a,use. PROPOSAL REQUEST NO:7 OWNER: C—;+,t &r K.e.vv-, i 7-10 Fid•cl.,to TO: CConv&M"` •� c Y--a `? 9' 6 I1 Q. O. G�ox l�E 3 LSa 1 Ao}� DATE: .4/13/9'3 ARCHITEC!'S PROTECT NO: 9' l O Z. 3 CONTRACT FOR: �wtj C_4>k c't" ko'S e— CONTRACT DATED: MM sWxWt an lumiead qo u*m Ifor cbann In the Convect SM endlor Time bK16m el to proposed m xnnca- tbtu to the Cmaw Doatnma ducrOmW herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. Dnafpdon: MMew imotww 4 to wwit 1 ]>cAe�e 4%.e_ c_e"+v-m . izc-4 c4 p m es-4 S+elvll_�, A5 Sao wv� ot� 44%e_ d �a c� •'+� L c� v� d� p r.c v j . p o i r4 - o-F - vsc. Lv off. vzt,c.v i v�i Attachments: ao mmhw ..sww. ew oppm dumoom . b, /11,e.J..ti` A=HIT6CT: -F AIA OOCUMtM GM • PROPOM NMWJMT • AML "o EDUM • AL40 • •W9 • IM C M PACE AhOWAN M5niUTE OF AK3WlWM I= NNW 1fOttK Avt.. PM, WAitN GMM, o.G 7000a M(135R DOMESTIC HOT WATER SYSTEM CHANGES 1. General Scope: Delete the centralized domestic hot water system froth the project. Provide electric point of use type water heaters. To accomplish this work, the Ccnttactor shall prwide chaagea to the domestic hot water system as follows: A. Sheet M4.2 - Delete diagram 1, the water heater diagram, and delete the reference to WH 1 in diagram 3. Changes are shown clouded as Revision 1. B. Sheet M2.2 - Delete HW and HWC distribution piping. Add new point of use water heaters as follows: LOCATION MODEL SETPOINT ROOMS SUPPLIED Room 102 PISS 105 F 102,103, 105, 106,108 Room 114 P10S 105 F 113,114 Room 121 150/209 110 F 117, 118, 120, 121,125, 126, 127, 129, 132 Room 158 P10S 105 F 159, 159, 161 Room 169 P15S 105 F 169, 173, 174 Room 182 150/208 105 F . 181, 182,183,184 Connect the above listed units to the appropriate fixtures) in each room that require hot water connection, as listed in the plumbing fixture connection schedule on sheet MI. 1. A total of 6 units shall be ptwided. Locate units in accessible and inconspicuous locatiooa, underneath the lavatories where appropriate. For mom 121, locate the unit at the plumbing chase for the slower, if enough mom is available. Submit shop drawings showing proposed locations. Units connecting to 4 or more plumbing fixtures shall use 3/4 - piping. Less than this requires only U2- piping. The P10S and P15S listed in the schedule refers to the ARIS70N model P15S (1350 watt, 120v), or approved equal. The 1501208 refers to the ACLTrEW 150/208 (15kW, 208v), or approved equal. C. Sheet M4.1- Delete WH-1, PMP-4, and piping from bath the plan view and the elevation view. D. Provide a flow restrictor for the shower in mom 121. Restrictor shall limit the flow to 1.5 GPM from the hot water supply. 2. Revise the as4milt record documents to accurately reflect all changes. 1. Delete domestic hot water c irccilation pump (PMP-4) and associated wire and conduit. 2. Delete water heater (WH-1) and associated wire and conduit Provide new circuit breakers and connect point of use hot water heaters to new circuits as mellows. Refer to attached panel schedules for additional information. LOCATION MODEL CIRCUIT BREAKM SIZE WIRE A Room 102 PISS ND-33 20/1 #12 Room 114 P10S ND-35 20/1 #12 Room 121 150/209 ND-37 100/2 #2 Room 159 PIGS NC-32 20/1 #12 Room 169 P15S NC-34 20/1 #12 Room 182 1501208 NC-36 100/2 #2 4. Revise the as -built record documents to accurately reflect all changes. 1B92101192101.401SOWDRW2.DOC 1 � I 1 co cn N 1 1 I Ln LO co t 1 I r"iHH 1 888 1 IQI 1 I H I a a a 1 I H I t I H I t I W 1 W 1 I W I x w w w 1 Q � � x�.x x" 1 I E, I NWdl H 1 W w w 18 I MririM 000 I A 04 w I H o w I HNM JAM W IIIZZZ 04 1 t1� I O I I 1 1 11 1 1 HHHH 1 1 C4 fX4 C NZ a a a a 1 1 a 1 I ynp+^yqo 1 a s t im I-� t 1 aaaaW 04MMMM c1! tS+iSIW �W ' t I 1 W Z11wa HHN 1 Hra Q 1 Q 1 I I I I 1 1 W I a I a 1 1 W 1 Ll, I LnootnLnootnLntn 1 1� I I o0o too � '3 I 1 NNMNr-INNr-Ir-I+� I I H 1 1 NNO INN � a t t 1 I Lo ID N %o co to Ln co w W 1 I H ri r4 ra 4 r♦ ri 1 a I 1 i 1 I Nd'LDt00CgV%D DONerLDCO004VLo00N I I e-Ir-Iriri,-INNNNNMMMMMdIdI i H 1 U 1 1 1+ I I+ I I+ t I + I I+ I I+ I I+ 4 + + + + + + 1 1 11 11 11 11 11 1I I+ I N 1 I+ I I+ I I+ I I+ I t+ I I+ I I+ I I I 1 r�r-4Hrie-INNNNNMMMMMds C . 1 a 1 w 1 N I N I N I N I N I H r-i r-I ri ri • I Q I I I I I I H I 134 I I 1 � ,�If].,lololololol00000 I I t N I N I N I N I N t N N N N N O I 140 " O 10 dl O a H I A,' 1 0 1 fD I M I ID I ID I M in M I N I ri I N I ra I 14 t 0 w I 1 a I I H 1 3 I 1 1 I 1 � I I 1 1 I W I I AiZQ y p4 i H i x I lal c� I M I H I H vi w I x 1wtCD $40 I q I E1 H w > E-4 W ID a I 1 Q u C04i Do pq fa -I i W iWWU 9 N N u X m m Hol I I w 04----9 WWNWW w a 0 a �o M a 1 M [WE a OD O N N N I I I I (n Ir Lo v Ln I Ln Ln M Ln OD I ,-i r♦ M M I H z H z I H H >a o� O N o Ln N N r-I 04 V V Ln %o W O W ri r-I W r-I W Lll Lnm0vvmM %aaD0 r-I w LnLnUwwwo Cori H 1"I 1'i r-I v H r-I r-I r4 r i V-4 v r-I 1 l-1,r4GorirZt riNNN044Lt w r,r,1.0 LnLnLnLn%oka%oOom Lnln000 -w-wLn 4 r-I r-I r•IHrir1r-I Hr4rlr-IHHrlri 4rirjrq 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Wcom m mCD03mWmcl)03W(na)coNNW aaaawaw 13.W�q 13 www0W404 0W4cpa0;a4 WWWWWWWWWWUUP4 000)t�taC aaa�aa a aka aa�aaa�a�a�acmm Oi r♦ r� r-I ri ri ri r♦ ri r♦ ri r-� ri ri r-I ri H ri � ri ri r-I al I a l000000000000000000000 I N N N N N N N N N N N N N N N N N N N N N I 1 i NNOCDOOONNI7DNNNOOtaNdrN �Qj�' 1 1�1�0101ntT01L�COI�l�L�01tnN[�Lnl� OOOrir-IOOOOri0000rir1000 1 1 Ndtt017DONsM�Ot7DONeN�OtDONdILpCpON i 1 ririririr-iNNNNNMML'7MMdIVr i ri l l l+ I i+ 1 1♦ I I♦ I I+ t t♦ 1 1+ I I♦ 1 1+ I t+ I I+ t t+ t t+ t t+ I I+ I i+ I I+ I I+ I I+ I I♦ I I♦ I I 1 AmLnE-a% HMlnL-(nH(nLnhcnA(nthr-cmri i I r�irlrlr�r-INNNNNMMMMfr1eN i WI � ra 1 HHHHHH Hr-I N I H i O I I al I 12,1000000 coo tLnl64 1 NNNNNN N N a I H I s a s s t H I 1 t ONNEl- IntoO M I wr-LnOw �i 1 Ln10M MM01 I Ln 1 I • • • 1 • I Ln[wmr- I ri rl ri ri ri ep I O i rl r-I M M I r-1 1 I 1 I 1 1 I Nd�r1 I ��rira� 1 O ri N t Ili 1 r♦ H ri 1 1 1 I 1U O1 %0 888 iQ H l H W4 W4 W4 i Q 1 �11 t O M I l t H I LD �O x M I L%r♦O W I Ln %Ia o W W W -- Q I r1riH NWW a �►�r�. 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W St,V 14!3 tN nP. o' p rs2 I IN I i fi ll I FIT ' III �li '� ji1� 111 TOTALS RECEIVED' FROM 9075627993 4.29.1993 13147 P. 8 "I A M1rN11t0:0:•b• N N n 1 In A 0w MN.+NM•Mb• f a p • • . • • u • r • 1l 4 rl � rr .l O • 14 111 La ; 1 M R M M a N 1 R 1 C N 1 W 1 M 1 r Y a A a 1 tav � h A w • • @ A O • • • @ • w �� vvo••vow•vw u 1 M ei A M .i 4 t4 M .r v1 .1 N N M O W N rl N XD • M N .-I 0� ItX N• Y u Y M 11 a .X .► N N N .+ in v• A I IIK LM N U1 1XI V1 y1 A N M A 1 = N g a G NN A 1 N 1 MNN4f b N Nb• rl .� 1 ' � Oi W W M CX to .1 1fX �f M • w l • • Q O II b :XI N 01 M b M IB b A i N Y O Y 1 m A Y K A Ylci x v•oo••ww••A (.I •e AM.I N q!c G !•• INI O M b .4 01 •► k* 94 0 N M M O I N I x iNf MrIN NNf0 O s a u H e w N el 1 a u N 21 N W W N II O U » i K A N o u. m N r 1 W Y A r l rl MIXNbXOXOM.4NM.I >^ u I i ad n W y(Aa U } N o dW rh riW W 0W VX i~K s A N si U Z Y tN II A a A 00 X N uC��- h .� r Ir A o a •+ L, r. w• o a U v Y 11 R4 zY C= r I- Y vX 1 ! J W O M,' O A W 1 uK�u WF-h ILL h A e 1 W W 7 0. (A 1 1 L WWpG7WrL.IW S O 1 1 1,4 W WXd um M & x % O u o v <A a 0. n m I N � W "• A M 1 N NNf Nf'NNN �.� O rI rX M .4 M A vi .4 in -4 I NAY IS!- 1 O N V) 1 A u W 4!! W qA1 II M Ocm O 10 U M A W @• S 3ke WOWWWWWC YOW 1 44d0.L&WYWS W v A h I m N•aaaae,a0..jnV. • U' I N 000000 00.<MIo • Y it ri uuu(i w `J S6 s 1 A A I W 11 bmaaX4N .e Xu f0 Y 61o•aa0*.+.+ • 17 Y a 1 •a A d Y 61mco®@ •IS•@.+•1.+ •{d N ! r NNNNNNNNNNN w 5 n O {I G7 K 16 G C C O a IAA n G & S CONSTRUCTION P.O. Box 1493 SOLDOTNA, ALASKA 99669 Phone (907) 262-6223 FAX (907) 262-7836 TO McCool Carlson Green 901 W. 29th. Ave. Anchorage, Ak. 99503 We hereby agree to make the changes) specified below: rat P " MON V1 loop, ? e 1 P"* _ G� kaaC0 w rr. Number � PMONE � � i�4T=20-93 �! JOB NAME/LOCATION HOUSE KENAI, AK. NO. I OA The following is the extra costs for underslab vapor barrier required to accommodate the installation of the bearing interior footings. Materials: $ 250.50 Freight: $ 21.00 Overhead and profit: $ 40.50 Bonding: $ 6.00 ------------------------------------------------ Total: : 318.00 )PRO v 40 V top A0i4vies 7a /o d.t *Ae T.'R e&A • s-00.evo,s E p /R 4 a F �i �t 7r»�E' SLilt B NOTE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change(s) specified above at this price i $ DATE I I I PREVIOUS CONTRACT AMOUNT ! $ I - 1_ ACCEPTED —The above prices and specifications of this Change Order are satisfactory and are hereby ac- cepted. A 1: work to be partormed unoer same terms and cc.ndit:ons as specified mi or,- nai contract unless other- wise GlUpuiatea. REVISED CONTRACT TOTAL $ Date of acceptance Signature _ ----A3WNER� - - _..---- T� The Kenai City Council will convene in a work session on Monday, May 10, 1993 at 6:00 p.m. at the Kenai City Council Chambers. The topic to be discussed is: Hiring of New City Administrator The public is invited to attend and participate. Carol L. Freas City Clerk DATED: April 28, 1993 Invoice Mr. 10342 'ss (Principal Program of the Town Affiliation Association of the U.S., Inc.) 120 South Payne Street Alexandria, Virginia 22314 TOFarol Kreas OICE o T City Clerk 4/ 15/93 City of Kenai 210 Fldalgo ,Kenai, AK J9611 —MAKE CHECKS PAYABLE TO TOWN AFFILIATION ASSOCIATION— Pum room aatrat tlemaim V*k7taidc May 1993 -April 19% For membership in the Town Affiliation Association and for all services provided under that membership. PwpwMdw May is,1993 al Due 1791-1991 CITY OF KENAI 4"„ 210 FIDALGO KENAI, ALASKA 9MI TELEPHONE 203-7535 FAX 907-283-3014 1LE1[Oi�NDOiL TO: Kenai City Council FROM: Charles A. Brown, Finance Director ell Q DATE: April 30, 1993 SUBJECT: Thompson Park Assessments Council asked for a brief outline of what might be expected if a special assessment district is formed in Thompson Park for water and sewer lines. First, let's discuss how a district might be formed. 16.05.020 How Improvement Proposal Initiated: An improvement proposal may be initiated by: (a) Petition to the City Council filed with the City Clerk, by the owners of property in the proposed improvement district, or, (b) Resolution of the City Council. (Ord. 791) 16.05.030 Requirements of Petition: The petition shall include a description of the proposed improvements. Unless all benefited property owners' signatures are required by virtue of KMC 16-05.010, the petition shall be signed by the owners of fifty percent (50%) or more of the properties which will be benefited by the proposed improvement. No property owner may withdraw his approval of the proposed improvement for a period of six (6) months after the petition has been filed, unless authorized by Council. (Ords. 791, 868) If the property owners form the district, they have to do a lot of work, just like the owners in the Evergreen -Haller area have recently done. Or, the City Council can form the district for them. Now does council want to form the district? Next, the two major limitations to the amount that can be assessed are shown below, Memorandum Kenai City Council April 30, 1993 Page Two 16.05.010 Assessment Authority: (a) The City Council may assess against the property of a governmental unit and private real property benefited all or a portion of the Ob t of constructing or improving capital improvements. Any such special assessment shall be in proportion to, and shall not exceed, the value of the benefit'lrom the improvement. (b) All benefited real property, including that which is exempt from taxation in accordance with law, shall be liable for the cost of public improvements assessed unless specifically exempted from assessments for public improvements by law. No assessments shall be levied in excess of twenty-fivet (25%) percent of the fair market value of property after giving effect to the benefit accruing from the work or action for which assessed except whore all benefited property owners waive the above'25t limitation and agree to accept on a proportional basis 100% of the costs of improvements. (Ords. 791, 868-83) Resolution #92-26 set the normal assessment rate at 25% of costs. But, even though we may want to assess 25% of costs, the assessment cannot exceed either: (1) The value of the benefit (to the property) from the improvements, or (2) 25% of fair market value of the property (including structures) after considering the improvements. These two limitations are difficult to compute and understand. Does the value of the benefit equate to the increase in fair market value? And, how do I know the fair market value of each of the estimated 157 lots in Thompson Park anyway? The most difficult estimate will be the "value of the benefit". Some undeveloped lots in Thompson Park cannot be developed now because of the location of wells and sewage systems on neighboring lots. In such cases, the lots may be worth very little now. Public water and sewer might add $7,000 or $10,000 in value. In other cases, some lots may currently be able to support on -site systems. Then, public water and sewer may only add $3,000 or $5,000 in value. In other cases, lots may already be fully developed, with a house and on -site systems. In my discussions with a Borough Memorandum Kenai City Council April 30, 1993 Page Three appraiser and an independent appraiser, it appears that public water and sewer may not increase the value of these properties at all, at least in the short term. However, if the existing on -site systems are in need of frequent repair or replacement, then public water and sewer does have a significant value. This "value" test may have to be applied on a case -by -case basis. In October, 1991, I prepared a rough estimate of an assessment district in Thompson Park. I distributed $675,000 (25% of $2,700,000) on a square footage basis to each lot. Let's look at three examples: 1) 8,712 sg. ft. vacant lot The calculated, proposed, assessment at 25% of cost is $2,347. The assessed value is $5,200. Here, I'm going to assume that public water and sewer adds $5,500 in value because the lot currently cannot support on -site systems. 2) 18,295 sa. ft, vacant lot The calculated, proposed, assessment at 25% of cost is $4,929. The assessed value is $7,400. Here, I'm going to assume that public water and sewer adds $4,000 in value because the lot can currently support on -site systems. 3) 15,246 sq. ft. lot with house The calculated, proposed, assessment at 25% of cost is $4,108. The assessed value is $77,200. This is the most difficult situation of all. The appraisers say there may be no real increase in value if the on -site systems are functional. Values are subject to so many other market conditions. I repeat, if "value of the benefit" means "increase in market value", we might have big problems. Maybe, "value of the benefit" can include more intrinsic values than market value, such as cleaner or safer water; I just don't know. I'll put a value increase of $3,000 on this property. But, here's a summary of what this could mean on these three properties: Proposed Increase 25% Lesser of Assess. in Value of FMV all three ,., Lot 1 $ 2,347 $ 5,500 $ 2,675 $ 2,347 Lot 2 4,929 4,000 2,850 2,850 Lot 3 4,108 3,000 20,050 3,000 Totals $11,3842500 525� S 8 97 Memorandum Kenai City Council April 30, 1993 Page Four So, we try to assess $11,384, but can only assess $8,197 because of code limitations. I'll take a wild guess and predict that, given the definitional problem discussed above, of the $675,000 we'd like to assess, $150,000 of that amount won't be assessed because of limitations. Suggested by: FinalWe City of Kenai RESOLUTION NO. 92-26 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISHING A GENERAL POLICY REGARDING COSTS TO BE ASSESSED TO BENEFITED PROPERTIES IN SPECIAL ASSESSMENT DISTRICTS. WHEREAS, by KMC 16.10.070, the City Council has the authority to determine the percentage of costs to be assessed in special assessment districts; and WHEREAS, reduced State financing for public improvement projects makes it necessary that more costs be assessed to benefited properties; and WHEREAS, citizens desiring to form assessment districts have a need to know in advance of the petitioning process the portion of the project that is likely to be assessed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1: The policy of the City Council regarding percentages of costs to be assessed in special assessment districts is a general rule. It is meant to inform the City administration and citizens of a usual rule to be followed, and it applies to all types of improvements. The Council reserves the right to apply percentages different from those that follow based upon unique characteristics of each project. It is not implied that the Council must form an assessment district with each project. The policy is subject to all State, City Charter, and City Municipal Code requirements and restrictions. Section 2: In developed areas that include numerous property owners, each benefiting somewhat equally, the assessment rate will be 25% of all eligible costs. The Council intends that all eligible costs include the entire project costs defined by KMC 16.05.090. Section 3: In partially developed or undeveloped areas that include one or a small number of property owners, the assessment rate will be 100% of all eligible costs. This is the rate that will apply in situations where the owner or owners are essentially acting as developers, with the intent of marketing and profiting from the developed land. The owners may have to waive the limitations placed on assessments, as provided by KMC 16.05.010(b) and Section 7-3 of the City Charter. In addition, the City may require cash or other assets to be advanced or pledged to the City as security that the assessments will be paid. Generally, the unsecured portion of the assessments should not exceed 30% of the cost of the improvements. The City may require that the owner or owners enter into a contractual relationship With the City to ensure payment of the assessments. 1781-1881 CITY OF KENAI edpdai 4 4", 210 FIDALGO KENAI, ALASKA 99611 -- TELEPHONE 263 - 7535 FAX 907.283-3014 G_•ar • __IIlk 9A TO: Kenai City Council FROM: Charles A. Brown, Finance Director CSQ DATE: April 30, 1993 SUBJECT: City Hall Phone System The Council wanted me to provide more information on the proposed new phone system for City Hall, specifically purchase versus rental costs. Predictably, rental will cost more than purchase. The numbers are: /� 1) Purchase price: $10,937.15 plus $1,200.00 installation. 2) Rental price: $4,925.40 plus $1,200.00 installation. Purchases include maintenance for one year; thereafter, maintenance is about $440 per year. Rentals include maintenance. Rentals have a favorable buy-out schedule (see attached, last page). A comparison of a purchase versus a rental with a buy-out after one year follows. Year One (FY94) Buy-out (FY95) Purchase $12,137 $12,137 Rental $ 6,125 8.203 $14,328 Without considering the time value of money, the rental will cost $2,191 more. The reason for favoring a straight purchase is it will cost less. 4. Memorandum Kenai City Council April 30, 1993 Page Two The reasons for favoring rental are: 1) Knowing that there would be pressure on operating costs in the FY94 budget, we wanted to keep annual costs as low as possible. 2) Not knowing exactly what we want or need, we felt it was best to be able to try the equipment, to test it, before committing to the purchase (the buy-out). 3) If this doesn't meet our needs, we can upgrade components without penalty under the rental agreement. 4) The rental will actually cost less than I've stated above. Over half of the rental cost is the twenty-two #7310 phones at $12.00 per month. Some of us won't choose that phone. The #7308 phone at $9.50 per month will suit some of us. It's your choice. If Council thinks the cost savings of a purchase outweighs the flexibility of a rental, I'll put the higher figure in the FY94 budget. an. 22 93 Communi.ca:i.onsC.=_5) __ 527-252-7=.33 CITY OF KENAI 210 FIDALGO AVE KENAI AK 99611 283-7530 MERIDIAN NORSTAR DIGITAL KEY SYSTEM 9womt: Monthly Rental Horstar 82013 Key Service Unit (KSU)...........$ 90.00 1 Trunk Nodule ...............................$ 12.00 1 Trunk Cartridge ............................$ 10.00 1 2-Port Expansion ...........................$ 12.00 , 22 7310 Telephone Sets ........................$264.00 G 1 Power Bar— .. ...... 1..6....................$ .50 1 Voltage Surge Protector 1 Lot Wiring, Jacks, Brackets 1 Alpha 400 UPS ..............................$ 21.95 Installation ant RentAL Cost: Monthly Equipment Rental :........ ............... $410.45 x Y o 1- 4- l�po Eatinted Installation: $1,200.00 �., The installatiod cost includes KSU preparation, installation of above equipment, system programming, and initial training. Installation charges are based on materials used and labor computed at $75.00 per hour. Individual Bgyipient mental: 7310 Telephone Set .......................... $12.00 per month 7308 Telephone Set .......................... 9.50 per month 7324 Telephone Set .......................... 15.00 per month Alpha 400 Power supply ...................... 21.95 per month F Any additional labor is computed at $75.00 per hour, plus materials. The initial rental period is for twelve (12) months and then automatically renewed yearly. 14ito enance: The monthly rental charge includes all parts and labor for any necessary repairs during the term of the agreement. The rental equipment is covered by the standard 8 a.m. through 5 p.m. repair coverage. Rental equipment is replaced at no charge if it is due to defective equipment. The customer only pays when there are moves, additions or repairs not caused by equipment failure. (The above prices do not include appropriate taxes.) ram` Tr\lltOLgOiAL\etylml WLL wpTil Jan. 22 '93 15:51 0000 PTI Communications(BUS) TEL 907-262-7133 P. 2 t DEPRECIATION SCHEDULE To purchase the system after the first year, the cost would be 25% off the purchase price of $10,937.15, with an additional 20% per year for years two through four, and 15% for the 5th year. YEAR LESS COST 1 0 $10,937.15 2 25% $ 80202.86 3 20% $ 6,562.29 4 20% $ 5,249.63 5 20% $ 4,199.86 6 15% $ 3,569.88 WITI C*0"Cmemi INFORXhTION ITB r, Kenai City Council Resting of Nay S. 1993 1. 4/21/93 Council Meeting "To Do" List. 2. Pay Estimate No. 11 - Kenai State Court House/G&S Construction - $360,140 (subject to ACS approval). 3. 4/20/93 Alaska Permanent Fund Dividend Division letter scheduling 1993 Rural Assistance Program for Kenai. 4. 4/15/93 Will Josey, Kenai River Property Owners Association letter regarding Kenai River protection. 5. 4/21/93 JoAnn Elson, Kenai Employment Center letter regarding the Kenai Fire Department. 6. 4/8/93 Ermalee Hickel letter of thanks. 7. 4/26/93 Kim Howard memorandum to CAB regarding courthouse grant information. 8. 4/23/93 Dane Larsen, Legislative Budget and Audit Committee regarding Kenai Congregate Housing grant audit. �,.. 9. 4/12/93 W.J. Hickel letter regarding Mental Health Lands. 10. 5/93 Greater Kenai Chamber of Commerce, Chamber Chatter. 11. 4/23/93 Department of Natural Resources Final Notice letter to Wm. A. Quandt and Dorothy D. Quandt, Personal Representative for the Estate of Calvin Quandt - Breach of Lease. 12. 4/28/93 AML Legislative Update. 13. 4/29/93 AML memorandum regarding Senior Citizen/Disabled Veterans Tax Exemption (SEN CS HB 66(Fin) and SB 102). 14. 4/27/93 Ashley Reed & Associates memorandum regarding "various legislation." 15. 4/29/93 Ashley Reed & Associates memorandum regarding House Bill 298 - Salmon Enhancement Tax. 16. 4/30/93 AML memorandum regarding Fisheries Business (Raw Fish) Tax program. 17. 4/28/93 M.T. English, DEC regarding Grace Drilling - Improper Storage of Contaminated Soils. 18. 4/28/93 M.T. English, DEC regarding Grace Drilling - Improper Storage of Contaminated Soils. I' - M CLF - JL - JW - CAB �,.., RX TO DO LIST April 21, 1993 Kenai City Council Meting Give Council a list of all vehicles maintained by the shop personnel, i.e. cars, trucks, mowers, tractors, etc. Send the George Church letter. offer the building inspector position at a range 15B. Investigate purchase and use of portable speed bumps for the Bicentennial Building parking lot. Check on the likelihood of right turn lane being placed in front of Bicentennial Building. Investigate the cutting of trees in front of the old garbage dump. Send appointment letter to Ron Holloway/Airport Commission. Advertise the need for applicants to commissions. Do letters requesting monetary or flower donations to Fred Meyer and Kmart. Remind Council on June 16, 1993 meeting to set work session for Townsite Historic ordinance review. Letter to KCHS -- no government day this year. Keep agenda short for May 19, 1993 meeting. Investigate RPM -- council is concerned that the problem is reappearing. Change checking account for flowers to: Kenai Beautification Project. Letter to Russian Church/City doesn't mow private organization lawns. Do ordinances regarding bonds for next meeting. Do ordinance for May 5, 1993 meeting to appropriate money to purchase a storage van, not to exceed $3,000. Have MLS printout available for city manager hire. APPLICATION FOR ✓ PAGE 1 OF 5 CONTRACT PAYMENT NO: 11 PROJECT: KENAI STATE COURT HOUSE KENAI ALASKA TO O,NNER: CITY OF KENAI 210 FIDALGO ST. KENAI. AK. 99611 FROM CONTRACTOR.: 6 6 S CONSTRUCTION 30X 1493 A 1lHt►a p"' Hoot SOLDOTNA. AK. 99669 pu>a►� ARCHITECT: MCCOOL CARLSON GREEN APPROVED BY COUNCIL ---------- ---------- DATE CITY CLERK 'ERIOD FROM:3-29-93 TO:4-2643 ADJUSTED CONTRACT AMOUNT TO DATE FAY REQUEST FOR CITY USE -------------------------------------------------------------------------------------------------------------------------------- 1. ORIGINAL CONTRACT ACOUNT $004000.00 ✓ 2 NET CHANGE BY CHANGE ORDERS $426073.00 ✓ G/o /�-L7� 6 ,?"'N CONTRACT AMOUNT $5130073.00 WORK COMPLETED 4. TOTAL COMPLETED AND STORED-"t4.'7& 3 /fr9.2 6 5. LESS RETAINAGE OF f o PERCENT $i%69e5@ _�, .. roe 3 / I S 3 h. TOTAL EARNED LESS RETAINAGE i293443:�:t3" 2 S3 / i 3 3 7. LESS AMOUNT OF PREVIOUS AMOUNTS $2471193.00 3. o o 2 y 7 1 19 3 3. BALANCE DUE THIS PAYMENT Wmis! D1 . 16 f4eat ri �. C.J. • sQ J f z 19. ro. f--o 9 �' •4��N. v 9 (, DISTRIBUTION OF EXECUTED PAY ESTIMATE ALASKA COURT SYSTEM _ OWNER _ ARCHITECT/ENGINEER CONTRACTOR ll l CONTRACT PAYMENT NO: 11 PAGE 2 OF 5 PROJECT : KENAI COURT HOUSE KENAI ALASKA CERTIFICATION BY CONTRACTOR ACCORDING TO THE BEST OF MY KNOWLEDGE AND BELIEF. I CERTIFY THAT ALL ITEMS AND AMOUNTS SHOWN ON THE FACE OF THIS APPLICATION FOR CONTRACT PAYMENT ARE CORRECT; THAT ALL WORK HAS BEEN PERFORMED AND/OR MATERIAL SUPPLIED IN FULL ACCORDANCE WITH THE REQUIREMENTS OF THE REFERENCED CONTRACT DOCUMENTS. AND/OR DULY MITHORIZED DEVIATIONS. SUBSTITUTIONS. ALTERATIONS. ANNOR ADDITIONS THAT THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE CONTRACT ACCOUNT UP TO AND INCLUDING THE LAST DAY OF THE PERIOD COVERED BY THIS CONTRACT PAYMENT. THAT NO PART OF THE BALANCE DUE THIS PAYMENT HAS BEEN RECEIVED. AND THAT THE UNDERSIGNED AND HIS SUBCONTRACTORS HAVE COMPLIED WITH ALL THE LABOR PROVISIOINS OF SAID CONTRACT. BY CONTRACTOR SI TURE OF AUTHORIZED Rjp ._ (-t - 19-li TITLE c-) STATE OF: �G�iSkk4- COUNTY OF: T SUBSCRIBED AND SWI Buff THIS DAY OF 19`3 NOTARY PUBLIC. #t Tr omw MY COMMISSION EXPIRES: NOTARY PUBLIC, Slate of AIMM CERTIFICATION BY ARCHITECT OR ENGINEER c4mmill*w "pim -------------------------------- ------- -------------------- --- ---- - 429414 ----__------- ---------------- --------- . I CERTIFY THAT I HAVE CHECKED AND VERIFIED THE ABOVE AND FOREGOING CONTRACT PAYMENT: THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF IT IS A TRUE AND CORRECT STATEMENT OF WORK PERFORMED AND/OR MATERIAL SUPPLIED BY THE CONTRACTOR: THAT ALL WORK AND/OR MATERIAL INCLUDED IN THIS PAYMENT HAS BEEN INSPECTED BY ME AND/OR BY MY DULY AUTHORIZED REPRESENTATIVE AND THAT IT HAS BEEN PERFORMED AND/OR SUPPLIED IN FULL ACCORDANCE WITH REQUIREMENTS OF THE REFERENCED CONTRACT DOCUMENTS: AND THAT PAYMENT CLAIMED AND REQUESTED BY THE CONTRACTOR IS CORRECTLY COMPUTED ON THE BASIS OF WORK PERFORMED AND/OR MATERIAL SUPPLIED TO DATE. AMOUNT CERTIFIED AS DUE: s 3&ol4o. /b SIGNED feaDATE T ^ Z 8 f3 ARCHITECT OR ENG3' ER STATE OF:4ICISjtG e`er: SUBSCRIBED AND SWORN TQ.BEFORE ME THIS D Y OF a!2 19v NOTARY PUBLIC: MY COMMISSION EXPIRES: OTHER APPROVAL: ALASKA COURT SYSTEM SIGNED DATE: OWNER APPROVAL BASED ON THE ABOVE CERTIFICATION OF THE CONTRACTOR AND ARCHITECT OR ENGINEER. THE CITY OF KENAI WITH THE KENAI CITY COUNCIL CONCURRENCE. AUTHORIZE PAYMENT. SIGNED DATE APPLICATION FOR PAYMENT AIA DOCUMENT PROJECT: APPLICATION NO. !1 TO OWNER: K,ENAI COURT HOUSE PERIOD TO: 4-26-93 CITY OF KENAI 210 FIDALGO ST. PROJECT NO. KENAI. AK. 99611 4'0 ' CONTRACT DATE: '-24-92 CON(RACTOR: ARCHITECT: G 8 S CONSTRUCTION CONTRACT FOR: KENAI AK. STATE COURT HOUSE CONTRACTORS APPLICATION FOR PAYMENT ADDlication is made for Daywnt. as shown below. in connection with the Contract. Continuation Sheet. AIA Document G703. is attached. CHANGE ORDER SUMMARY --- -------- ----------- -------------------------- -------------- --------------- !. ORIGINAL CONTRACT 1004000.00 CHANGE ORDERS APPROVED IN PREVIOUS MONTHS BY OWNER 2. Net change by Change Order $426073.00 APPROVED THIS MONTH 3. CONTRACT SUM TO DATE: 15130073.00 NI MBEF DATE APPROVED 3145"S. A C.O. 01 1249.982 S. TOTAL COMPLETED AND STORED TO DATE: -4*46945-1ty C.O. #2 1128.09E C.O.#3 18317.00 Not Yet wvoved 5. RETAINAGE: -- C.O. #4 1207.840.00 Not Yet aoaroved C.O. #5 112.995.00 C.O. #6 $35.1300.00 C.O. #7 C.O. #t ----- --------------------------------------------- ----------------- ----- ------ h. TOTAL APPROVED $426.073.00 -'"------- ---------------- ---------- -------- --------- ------------------------ NEi t:HANGE BY CHANGE ORDERS 1426073.00 --------- ------------------------------------------- -------------------- ----- 3. The undersigned Contractor certifies that to the best of the Contractor's knowledge. information and belief the Work covered by this ADDlication for Daument has been a. cmieted in accordance with the Contract Documents. that all amounts have been oaid by the Contractor for Work for which orevious Certificates for oayment were issued and oayments received from the Owner. and that current Dayment shown herein is now due. CONTRACTOR: G h S CONSTRUCTION R. DANIEL GREEN 2a31333. I TOTAL EARNED LESS RETAINAGE "Wv", $ LESS PREVIOUS PAYMENTS: 12471193.00 360140, &8 CURRENT PAYMENT DUE:—00968.* BALANCE TO FINISH. PLUS RETAINAGE:--WA441r.32- 22 98734.j;; BY: DATE: Amount Certified: Architect: This certificate is net negotiable. The AMOUNT CERFIFIED is Dayable only to the Contractor named herein. Issuance. Dayment and acceDtance Of oayment are without --------- Drejudice to any rights of the Owner or Contractor under this Contract. ---------------------------------------- ------------------------------------------------------------------------- --____-----_---_----- TO: CITY KENAI APPLICATION NO: 1'_ FROM: C & S CONSTRUCTION APPLICATION DATE: 4-26-93 KENAI AK. STATE COURT HOUSE PERIOD FROM:3-29-Q3 TO:4-26-93 ARCHITECT: CONTRACT PREVIOUS WORK STORED TOTAL t VALUE APPLICATIONS IN -PLACE MATERIAL COMPLETED COMPLETE BALANCE 30NDIN6 t63207.00 t63207 ' 10.00 t0 W207 100% t0 SURVEY 110165.00 S3500' $0.00 SO $3500 30 $6665 INTERIM UTILITIES 119260.00 112000' t2000.00 t0 114000 73% S5260 RENTAL EQUIPMENT $12840.00' $10000' $0.00 $0 510000' 79 $2840 TESTING $12882.00" t8000' $2000.00 10 ttODDO-, 7Et 12982 MOB AND DEMOB. S3210.00' $1000' 10.00 to $1000' 33 $2210 FENCING 128488.00 ' $1500 � 10.00 t0 11500 ' 5% 126988 EXCAVATI T 8 1525050.00' $525050' $0.00 $0 $525,050' 100% $0 LANDSCAPING 1133162.00' t0- 10.00 SO 10' 0% 1133162 PAVING 152553.00 S0' $0.00 $0 $0' Ot 152553 SITE CONC. I ALL MATERIAL 1294721.00 t125000 ' 125000.00 SO t15W ' 51% 1144721 VA BUILDING CONCRETE -LABOR $412039.00' $377039' SE224.00 ✓ $0 $385,263' 94% $26776 fM ADDITIONAL MATER. 6 EQUIP. 515972.00 ' 114598 ' 10.00 t0 t14598 ' 91% 11374 MASONRY $50290.00' $21000' $0.00 $0 S21000' 42% $29290 FABRICATED STEELS 165056.00' 165056' 10.00 t0 165056' 100% SO STEEL LABOR $40981.00' S4O981' 20.00 SD $40981' 100% t0 REINFORCING STEEL 148043.00 ' $43902-*� 10.00 t0 $43902 ' 91t S4141 JOIST AND DECKING• t11588.00' 511588' $0.00 t0 $11588' 1001 t0 FRAMING MATERIALS 1124120.00 1124120' 10.00 10 t12f120' 100% t0 FRAMING LABOR $250915.00 ' 1213218 ' 127000.00 $0 S24g278 ' 96% SID637 #FIT MATERIAL 110314.00' SO' 10.00 SO t0 - 0% $10314 SOFFIT LABOR $11571.00" SO - $0.00 t0 $0' 0% $11572 GLU-m 116050.00 ' $16050 ' 10.00 t0 116050 ' 100% 10 TJI'S $88195.00' $88195 ' $0.00 $0 $88195 ' 100% SO FINISH MATERIALS 8 LABOR $73037.00' SO' 10.00 t0 10' 0% $73037 WATERPROOFING $46909.00' $46909' 10.00 $0 S46909 -- 100% SO INSULATION 158358.00' t50400' 10.00 t0 $50400- 96% 17958 ROOFING $398040.00' 1244492' $0.0O $0 $244,492- 61% 515354E HOLLOW METAL 122000.Do ' 122000 ' 10.00 t0 $22000 ' 100% t0 WOOD DOORS $15600.00 ' SO - $0.00 $0 SO - 0% $15600 SECURITY DOORS 117900.00' 10' $0.00 t0 SO' 0% 117800 SECTIONAL OVERHEAD DOORS $10352.00' $0' $10352.00 $0 t10352' 100% SO FUND DOORS 114200.00' SO - 10.00 SO SO' 0% 114200 FINISH HARDWARE 546400.00' SO' $0.00 t0 S0' 0% S46400 ALUMINUM STORE FRONTS 193357.00 ' S3fj1 - 150000.00 SO 18Q000 ' 36% $13357 STUCCO $65732.00 ' $O $0.00 $O $0 ' Ot $65732 SHEETROCK MATERIAL 8 LABOR $101400.00 139�18' 530000.00 SO 16%19' 69% S317S2 CERAMIC $14552.00' $0' $0.00 SO t0' O% $14552 CARPETING 160000.00' t0' $0.00 t0 10 ' 0% 160000 FAINTING AND TAPING 591820.00 - SO- tI5000.00 $0 $15000' 17% $72820 ACOUSTICAL CEILING 8 PANEL 178900.00' t0' 10.00 t0 $0- 0% 179900 COLUMN COVERS $14177.00 ' t0, $0.00 SO $0 - 0% $14177 MISC. DIV. 10 19630.001, t0' t0.00 t0 t0 ' 0% $9630 FIRE EXT. $321.00' t0' $0.00 SO S0- 0% $321 FLAG POLES $3959.00 - t0' 10.00 t0 SO-- O% 13959 TOILET PARTITIONS t2140.00 ' $0 ' $0.00 SO SO ' O% $2140 TOILET ACCESSORIES t5243.00' 15027' 10.00 t0 t5027- %% 1216 SIGNAGE $17785.00 ' so- $0.00 SO 10 ' Ot $17785 '71 DETENTION EQUIP. 51070.00 10' a. iC t: i0 ?� 51070 CABINETS 1136465.00 t0 - 0.j0 s: 10 0% $136465 WINDOW BLINDS i3063.00 t0 - 0.00 C 10 O% 13063 FURNITURE $100956.o0 to - sr.00 $ $C ' 0% $100956 PLUMBING R.I. UNDERSLAB 544224.00- 142590' 116�14.00 t0 $44224 - 1001 SO HVAC R.I. UNDERSLAS $68753.00-1 $68753- $0.00 t0 168753` loot so "-"MING ROUGH IN 1109890.00- $44000' t41014.00 t0 t85014- 77t 124876 r,vAC ROUGH IN $207680.00 - 1120455-1 S373E1.00 $4894 $162735 ` 78% $44945 HYDRONIC ROUGH IN $152130.00" 1107905- 16500.00 1676 t115081- 76% 137049 PLUBING FINISH 328270.00' to- $0.00 $1351 $1351 � 5% $26919 HVAC FINISH 126290.00 to- 10.00 14085 14085' 16% 122205 HYDRONIC FINISH $34382.00 i0' $5500.00 5153E t7038- 20% $27344 INSULATION $25190.00 so,, 10.00 $0 t0 O% 125190 PLUMBING EQUIPMENT t64466.00 -" $31025 - $0.00 i0 i31025 -� 48% $33441 SPRINKLER $93831.00- $48354- 120000.00 t0 168354 73% 125477 ELEC. FIXTURES $149600.00- $0' i80o02.. $0 $80002 53t $69598 ELEC. GEAR i SWITCH GEAR 118686.00- $16748- 10.00 i0 116748- 90t 11938 FIRE SYSTEM 120900.00 - to ' $0.00 $O $O � o Ot IOb 1.340- t20900 ELEC. UNDERFLOOR DUCT 112100.00- t12100� 14+l0? 0 O t0 -�*0881 o ELEC. UNDER SLAB ROM IN $42247,00 $22414' $17000.00 $0 t39414 �" 93t $2833 ELEC. ROUGH IN 171240.00 $14000- 19000.00 i0 123000- 32% 148240 ELEC. FINISH t48546.00-' $3916- $0.00 $0 $3916^ 8% 144630 ELEC. OUT SIDE 126714.00" t0 10.00 SO SO' 0% 126714 DIV. 17 CONTROLS t72D00.00" so ' 10.00 10 10' 0% 172000 .3�- 3,1354ii}369i2/�. TOTAL CONTRACT t5117078.00' 12735770 ia8866;,?9 i}45f9- '6 a- 61% swom 19$41ci2. --- __---- -------------- --_--__-_ CHANGE ORDERS C.O. #1 ---above--- t0.00 10.00 - $0.00 10 10.00 0% i0 C.O. #2 ---above--- $0.00 $0.00 - $0.00 $0 $0.001, 0% to C.O. # ldinq $8317.00 10.00 - 10.00 t0 10.00 0% 18317 #4 Holding $207840.On. $0.00 - $0.00 $0 $0.00 0% $207840 �.. #5 $12995.00 110000.00 - 10.00 SO i10000.00 0% $2995 C.O. 16 ---above--- $0.00 $0.001, $0.00 to $0.00 of to C.O. #7 SO.Oo 10.00' 10.00 t0 50.00- 0% t0 C.O. #t so.00 $0.00" $0.00 $0 t0.0o- 0% $0 TOTAL CHANGES t12995-00 11TO0.00 10.00 10.00 $10000.00 0t -left? 12`f'gJF 15130073.00 12745769. 763AWL, -444ft8!" 3RAND TOTALS 112549 1*669s's.-�h� :1t TOTAL COMPLETED a- 046925.1. 31¢54a5.� RETENTION 1314692.58 PREVIOUSLY PAID $2471193.00 AMOUNT REQUESTED THIS ESTIMATE-44"-H 3 b o 14 0 e0-^ ,. l^ Y( WALTER J. HICKEL, G( DEPARTINENT OF REVENUE r AWHORAGEDIVIDEND INFOf aTIONOFFICE Jil 1016 WEST SIXTH AVENUE, SUITE 100 ANCPERMANENT FUND DIVIDEND DIVISION PHONE.' (90G7)�278 26s 8 9,kso 1-1963 April 20, 1993 20PY44, City Clerk 'A qP R City of Kenai 19g3 210 Fidalgo Ave. \' E'r� Kenai, AK 99611 Greetings, The Alaska Department of Revenue, Permanent Fund Dividend Division, will soon commence the 1993 Rural Assistance Program. I am scheduled to visit your community as indicated below: PLACE: City Hall (Council Chambers) TIME: 12:30pm - 4:30pm DATE: May 24, 1993 The purpose of my visit will be to provide the residents of your community with information or assistance about the Alaska Permanent Fund Dividend Program. I also will assist anyone who needs help completing Permanent Fund Dividend Applications or forms. Please be advised that the scheduled time and date are subject to change should weather conditions exist causing delays or other unforeseen schedule changes. I look forward to visiting your community. Please feel free to contact me at the above address or phone number if you have any questions prior to my departure. Cordially, RICHARD RIVERA Anchorage Dividend Information Office orm!ed on recvc.ed paper 0 v C.D. r'^ le CG : -4A4& rAgJM Mot IY a%*� p.o. box 3070 soldotna, ak April 1 Mayor John Williams City of Kenai 210 Fidalgo Ave. Suite 200 Kenai, Alai:ka 996611-7794 i Dear Mayor Williams, The Kenai River Property Owners Association has been concerned for some time over the rapid and continuing degradation of the banks of the Kenai River. Our organization is presently participating in the Kenai River Habitat Protection Program, the Soldotna Park Restoration Project, and DEC's Water Watch. We will continue to search for ways to support those organizations working to provide help in protecting the habitat areas of the river. Through involvement in these programs and in just living on the river we have become more and more concerned with the Impact by the growing number of people using the river, especially its riverbanks. We find the conditions of the public lands and easements in most cases unsightly and unhealthy brought on by inadequate facilities such as restrooms, garbage disposal, and parking. No one appears to take any responsibility for improper or overuse of pubic sites In the Borough. The banks have no habitat protection such as boardwalks or floating docks and little effort has yet been made to educate the public on the importance of habitat protection. It is because of these concerns that we took action at our March meeting to pass the enclosed resolution. Although many of us feel that there Is adequate access to the river already and do not wish to see more, we also realize that until studies have been completed and regulations implemented the best we can hope to do now is to provide protection for the habitat before it is further degraded and the fish ,we all love to catch, are no more. We therefore ask you to give every consideration to our resolution and apply It in all cases when addressing any permitting on the river or in making political decisions that affect this fragile habitat. We urge you to give your full budget and political support of agencies who are responsible for the river and Its habitat. Enclosure Sincerely, WNI�airman Y Kenai River Property Owners Association WHEREAS, the By-laws of the Kenai River Property Owners Association (KRPOA) in Article LB states: The purpose of the Association shall be to represent the Interest and rights of private property owners, and the welfare of the Kenai River and it's resources, along and adjacent to the Kenai River, and, WHEREAS, the KRPOA has undertaken education of its members on the problems existing on the river and has supported the 309 Study (Cumulative Impact of Development on the Kenai River),the Kenai River Carrying Capacity Study, and the Soil Conservations Kenai River Landowners Guide, and has discussed access, road and park problems as they relate to the river, and, WHEREAS, there now exists 92 public accesses on the River, and the KRPOA is deeply concerned about preventing further degradation to the banks of the Kenai River leading to a loss of habitat for the rearing of fish, specifically the noted king and Sockeye Salmon, and, WHEREAS, we recognize that with the loss of fish habitat goes the economic loss of tourism as well as property value, NOW, THEREFOR, BE IT RESOLVED that the KRPOA supports a moratorium on permitting any new public access to be constructed on the river, unless there are appropriate bank protection structures in place, until the 309 Study and the Carrying Capacity Study are completed and planning and or regulations can be promulgated and implemented that will promote and protect the fish habitat on the Kenai River. BE IT FURTHER RESOLVED that KRPOA supports any permitting agency in issuing permits for projects that will repair and maintain the 92 existing accesses, habitat restoration projects for the banks, repair and maintenance and policing of roads, parking areas, and parks (infrastructure) on the Kenai River. Voted upon and passed by the association at its regular meeting held on March 17, 1993 in Soldotna, Alaska. 7, r-11 r'^ Lilo DEPARTNORU OF LABOR 1 Employment Security Division Kenai Employment Center April 21, 1993 Mayor John Williams City of Kenai 210 Fidalgo Kenai, AK 99611 Dear John: WALTERJ. HICKEL, 120 TRADING 64Y ROAD, SUITE 290 KENAI, AL SX4 99611-7716 Phone. (9071 283-4304 FAX: 1907) 283-3644 4A 1 993 Today one of our employees came into my office to tell me he was not feeling well. Pat Rose has a heart monitor/pacemaker and this was the first time he has taken ill at the office. I dialed 911 and asked for the Kenai ambulance service. I was greeted by a very polite and helpful dispatcher. She asked me a few pertinent questions and I hung up the phone and asked a fellow employee to go to the front door and escort the crew to my office. She arrived at the front door at about the same time as the crew. The members of the Kenai Fire Department immediately went to work on Pat and had him on a gurney and out the door, on the way to the hospital in quick dispatch. Dennis Lovett and Eric Wilcox were the two crewmen who were so gentle, caring, compassionate and extremely professional in their care of Pat. Pat was examined at Central Peninsula Hospital and later released to rest at home. Thank goodness it was not more serious. I would like you to thank these fine young men for their expedient response, and most of all, for their dedication. Our city can be proud of the excellent care we have come to expect from our city employees. Sincerely, Xeni qer nsulaa service Area cc: David Burnett, Fire Chief ell"` m 9'01��% xousei $uwaw, (,U Azaw 09801 April 8, 1993 (*AP R 1993VZL eI�z G. The Honorable John Williams, Mayor 210 Fidaldo Kenai, AK 99611 Dear Mayor Williams: What an enjoyable visit to Kenai! Kindest thanks to you for escorting Barbara Hodel, Margaret Ward, and me when we visited the community. The warm hospitality and welcome was deeply appreciated by Wally and me. Please pass along my thanks to everyone. God bless you all, and stay well and happy. With warm regards, Ermalee Hickel P MEMORANDUM TO: Charles Brown, Acting City Manager FROM: Kim Howard, Administrative Assistant DATE: April 26, 1993 RZ: Courthouse Grant Info=ation At your request, I contacted Representative Navarre's office this morning regarding a grant for $400,000 for the courthouse project. I spoke with Margaret. She said the money is listed on the front page of the supplemental appropriations budget. She said they were hoping it would be buried further down. It has been passed by the House Finance Committee. The other committees are adjourned. She said it needs to be voted on by both Houses and survive the Governor's office. She said it is not scheduled for the House floor today. I also contacted the Legislative Information Office. They will try to get a copy of the budget faxed to us. cc: Mayor Williams /kh -4_g ALASKA SrATE LEG - - LEGISLATIVE BUDGET AND AUDIT COMMITTEE Division of Legislative Audit R O. Box 113300 Juneau, AK 99811-3300 (907) 465-3830 FAX (9071465-2347 3305 Arctic Blvd, Suite 101 Anchorage, AK 99503 (907) 561-1445 FAX (907) 561-1452 April 23, 1993 The Honorable John Williams ' 'ApR 1993 Mayor of Kenai r w 210 Fildago Avenues .,k Kenai, AK 99611 ��44ytpA6% 9 Dear Mayor Williams: In accordance with the provisions of AS 24.20.281 and a special request from the Legislative Budget and Audit Committee, we have scheduled a review of Kenai Congregate Housing Grants. The audit will be conducted primarily by our Anchorage office. We will contact Charles Brown, Finance Director, to make the necessary arrangements. If you have questions regarding this audit review, please contact me at 561-1445. Sincerely, Dane Larsen Audit Manager cc: Charles Brown Randy S. Welker eoT , WALTER J. HICKEL GOVERNOR The Honorable John J. Mayor of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Dear Mayor Williams: STATE OF ALAISSA OFFICE OF THE GOVERNOR JUNEAU Williams April 12, 1993 P. Juneau, (90 qPR cc� � 4i Thank you for your letter of January 20, 1993, concerning the mental health trust litigation. I share your desire to resolve this litigation. My goal has been a solution that is fair to the beneficiaries of the mental health trust as well as to the people of Alaska. l have considered your suggestion to establish a Mental Health Lands Permanent Fund through a constitutional amendment, transfer $2.5 billion from the Alaska Permanent Fund into the Mental Health Permanent Fund in exchange for a release of all original mental health trust lands from the trust, and repay the Alaska Permanent Fund over time with the income generated from the original trust land. In my view, the payment of $2.5 billion to the trust provides far more compensation than is required under the Mental Health Enabling Act and the Alaska Supreme Court's decision. The mental health plaintiffs arrived at the $2.5 billion value for the entire one million -acre trust based upon an unorthodox and highly inflated appraisal technique. The state refused to accept the plaintiffs' valuation approach before, and the passage of time has not made it any more acceptable. Moreover, given the extremely long time it will take, if ever, to generate $2.5 billion from the original mental health lands to repay the Alaska Permanent Fund, the accompanying loss of investment income to the Alaska Permanent Fund, and the fact that the state is facing a period of declining revenues, paying $2.5 billion from the Alaska Permanent Fund to resolve this litigation is unfair to the people of Alaska and is not in the best interest of the state. The Honorable John J. Williams April 12, 1993 Page 2 l am committed to fairly resolving the mental health litigation. Any resolution of the case, however, must be based on the fair market value of the original lands and take into account the substantial payments the state has made for mental health programs. With best regards. Sincerely, Walter J.;ke Governor cc: Attorney General Charles Cole Shelby Stastny, Director, Office of Management and Budget Senator Rick Halford, Senate President Representative Ramona Barnes, Speaker of the House Senator Suzanne Little Senator Judy Salo Representative Mike Navarre Representative Gail Phillips Representative Gary Davis CA AX 2 Z azi c1q .m $ ij tra oD `�, 1�p fl N ;Gfi ..T W.. p� ira �, o U U :D«a 'w..Ild <a0 ash fc. DO Q � A A z EA bd U W �O = h � O E v� �_ e ►-� nxv�rsHOaar� �o Hn'o zw n A �O p A A A= C S C O e�D <'! G� v°i A d0 EO O w!. 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V, 'lip Mi. 7R.111 'C4 PP. _21 All V ij -ler liz. 34i. AR WA Pt M `4 4 it L'a df ISA fit lio 01.1 Fit 44 "A R, ilk. i , W .9. 1 A. 'Ir it -It am" A _171 rILE ni UP J A.; 5 tj O.i 16 ME. 4' 1 1 1111-I _ IsM. AW I. SI All I. ji. 1A Is DEPARTMENT OF NATURAL RESOURCES DIVISION OFLAND FINAL NOTICE CERTIFIED MAIL RETURN RECEIPT REQUESTED April 23, 1993 William A. Quandt and Dorothy D. Quandt, Personal Representative for the Estate of Calvin Quandt P.O. Box 1046 Kenai, AK 99611 WALTER J. HICK 3601 C STREET P0.8ox 107005 /ram •J n Re: ADL 36127 and ADL 51387 - Breach of Lease Dear Mr. Quandt and Ms. Quandt: I an enclosing a copy of a letter from the City of Kenai dated August 26, 1992. They have received complaints about the junked vehicles stored on the referenced lease property. There is a municipal code which prohibits the storage of junked vehicles in a location which is visible from a city or state road. However, a conditional use permit may be granted to lessees or land owners who maintain junk on their property if a fence is constructed which obscures sight of the items from passersby. Please note the following stipulations of your lease: 7. The Lessee shall not commit waste or injury upon the property lease herein. k4W 9. Should the lands herein leased lie within the jurisdiction of any authorized building or zoning authority they shall be utilized in accordance with the rules and regulations promulgated by said authority. 16. If the lessee should default in the performance of any of the terms, covenants or stipulations herein contained..., and said default shall not be remedied within 30 days after written notice of such default has been served upon the lessee by the lessor, the lessee shall be subject to such legal action as the lessor shall deem appropriate including but not limited to, the forfeiture of this lease... ADL 36127 and ADL 51387 Page 2 Please contact the City of Kenai for information concerning a conditional use permit and construction of a fence around Lots 7 and 8, Block F of the Beaver Creek Alaska Subdivision. In accordance with your lease stipulations, you need to comply with the local building or zoning authority which is the City of Kenai. Failure to comply is considered a breach of your lease agreement which will result in termination of the lease. If we do not hear from you by June 1, 1993, this lease will be terminated. Thank you for your cooperation. Please send us a copy of your conditional use permit when granted. Sincerely, Robert A. Baker Natural Resource Manager Enclosure cc: City of Kenai Dorothy Quandt P.O. Box 8 Beaverton, AL 35544 SENT 3 : 4-29-93 0:12 ; AML/ JIA 907 280% 217 Second Street, Saito 2U0 • Juneau. A10*0 99801 • Tea ("907) 586-1325. Fox (907)463-5480 FAX Ct' V=t LXTTOR Date; Aprli AS, 1 M FAX no.: various Tatal pages w/ aoVwr: 2 FoNvwirag paapss are for. AML 11110AiiD OF �Rtt AM l agi AML I From: K&ff E. 8WOMM t', MCUTNE DMECTOR LEGOLATIVE UPDATE — LEGISLATIVE UPDATE April 28, 1903 Well, things in Juneau took an interesting turn yesterday as the Mouse amended ell spending measures Irdo 89100, returned the big to the SOnIft, for concurrenoe, and adjourned at 8:30 P.M. -- two weeks eaiirlyt 6bills included within SS too as passed by the House include FY 93 supplemental and reap is, the operating budget (Conference Committee -approved funding levels except for deparirnents and other items that had not yet been decided, In which case the House numbere wer6 taken); the House capital bill (including S80 million in cti:rsstlionary pro*ft distributed to d legislative districts); the Governor's capital matching grant bill ( 0 million); the House sct>ceoi construction and maintenance plan ($1 e6.8 million); and HB 197 and HB 269, which appropriate money from the Exifon Valdez settlement. According to a spending plan prepared for the House Finance Committee that was made available today, the ISP settlement money wril be deposited in the General Fund to help make this work. The Senate differs on merry of these Items, Including use of the BP money, so negotiations between the two bodies will probably belong and drawn -out. The House's idea was to include all its appropriations in one bill, which the Senate had already passed, and thus force the Senate to accept those numbers — or, at a minimum, take the House's plans more seriously. Undoubtedly the House wip be back in session since under the Alaska Constitution one house cannot remain out of session more than three days if the other house is meeting. Unless the Senate decides to avc W all the House bills on key issues, including all the spending package, the House should reconvene by Saturday morning. In the meantime, the Semite will be moving its btlls, and maybe some of the House's, and negotiations on key issues will continue behind the a ends. Here is a brief update on AML's priorities: Open Meetings Act Revision — A new version. SCS HB 254 (Rules), was adopted In Senate Rules yesterday. the result of discussions, conducted at the varit nu end of the rules committee table, among AML, the League of Women Voters, and an attorney representing the Anohoraltge Daily News. Changes made to Senator Taayloes version of the bill include reinstating statutory language requiring thief votes be taken so theft the public may know how each person voted and specifying that no action may be taken in an exaacutive session except "to give direction �-w to an attorney or labor negotiator." As part of that amendment, language irtterpreted by the press as allowing private discussion of any subject, so long as an athwnsy was present or when labor relations were being discussed was deleted. This change clarifies one of AML's points and doses what the media had perceived as a loophole. The bill awaits action on the Member of the National League of Citles and the National Association of Counties SENT BY: 4-29-93 ; 0:12 ; AML/ JIA 907 283 3014;* 2/ 2- AML Legislative Update pqP 2 AID 20, 1 M Senate floor. Senator Taylor is getting a lot of negative prose ooverage'r. needs municipal support for his vwMrgnvss to We on thle ftartwt Issue. Plans fax .`Ieare of support to Senator. Robin Taylor, 465,3= and urge all Se moms to support SW M0 254 (Rules) to ensure clarity in the Open AAeetl W Act. Senators Heger and Frantic in particular need to be contacted. Senior Cltlzon/Dlsabad Veteran Property Tax Ex alption — The Senate passed SCS H1366 (Fin) last Not on a vote of 11-0. Afar recyorwidatalbn, the bill will return to the House (assuming the House reconvenes) for conctmianos. AML Is urging the House not to concur in the Senate amerximents, which 1) mandate an somption for all disabled veterans and 2) mandate the exsrnpt w for senior citizens unless a it acts to reject the state program. p a murdoodly r*Kftd the ON program, It could setablisk Its own for senior citizens. The House bill allows munWp dits options and ilaxbility to deWse a program that can address the needs of their cftlz ns. N the House and Senate cannot agree on a version of the big, a conference comanitise will-bo appoirtsd to iron out the dillierences. Let all legislators know yrou pr+e ler House CS MS 46 MW to the Senate version and urge the House to refute to concur. wow is that the dw am6r is cxxrsklsrirng a veto if the Senate bill is the adopted version, Municipal Asslonce and Revenue Sharing — As noted above, when the House rolled all Its budgets Into SS 100, operating budget jillsims that had previously been left open were included at the House Wild. M this does not chneiripe, legislatively approved cuts to these programs will be T percent fra m FY 93 Inft Wisie. -� School Cmice -- The House approved $186,780.600 In funding for school construction and n isintenernce for FY 94 — this kedudes $145,342,500 for a list of spedflo construction pi , 521,198,= for school ,m* ftnerroe prof ft. and $20,=,800 for the University of Alaska for deferred maintenance and tare code compliance. AML members need to support Oft level of funding for sohooi ooneb k otlorinaintenence and urge the Senate to approve this level Municipal Motor Vehicle Regbtn tlon Tax Increase — A dead Issue for this year. Matching Glran to — The Governor's mdeNng grant bills came to life late last week. CS HB 124 (Fin) passed out of the House am the weekend and Included sane AML-requested amendments. The House bill, thanks to Rapresern- , -, " MacLean, does not require matching of grants made under existing discretionary grant programs. nor allow regulation of those programs. HS 124, at a funding level of $40 million for FY 94). was included within the omnibus appropriations bill. The Senate passed out SB 88, which includes a requirement that all discretionary ceplial grants be matched and also has a more complicated matching formula. AML prefers 1­18 124. THAT'S THE NEWS FOR NOW — ITS HARD TO TELL HOW LONG THE SESSION WILL GO AFTER THE ANTICIPATED RETURN OF THE HOUSE ON SATURDAY — IT COULD TAKE ONLY A FEW DAYS TO NEGOTIATE SETTLEMENTS, OR IT COULD TAKE RIGHT UP UNTIL MAY 11. AML WILL TRY TO KEEP YOU POSTED — FEEL FREE TO CALL F YOU HAVE QUESTIONS. -FROM TEL SCAN 04.28.1993 19,55 P. 1 ATTENTION I INVESTIGATOR BULLETIN Tediooloyy &dgnon aaw Blow you to rWMfeb apWre tlr "kphom =6as of iaoomioa aM wNlout puohuim my &ddWoW e9uipmeot• NATION-WIDE - PUBLISHED OR NON-PUMMMD M ►I� �� .�.�],�: 7�0 FXPE1tILNCE HOW QUICKLY AND EFFECTIVELY TEL-SCAN IDE S N[Jmns CALL OUR I T 1-800475-8883 Thee is so post to got hooked up to the TEL-SCAN system I To connect, or for mom information caU Jim Stegner at (30 W&1703 *A im! am ri s I- odW w prom m out-0690e Airport M phoae. We ON No adt m-sc N." Ymm Ciw LwBdxcmw tbvWi0 r "Words ml duwft TM SCAM I hwm fuad = a people wM this dm sap► comroatk" mass of d* uuim.' IYwrtl�Moc is Dehnw�e Ti><-WM - 201 NW* Tat Awgw - Lord CO 80538 - Phoa (303)GW1703 - FAX (30303.1700 ***END*** ANL/ J I A 907 /_�5 217 Second Sheet, Sufh 2W @ Jurwm. Aloe W 9MI Tai (9r S86.1325, F®c M7)46S6M FAX COVER LETTER Mac J*Wjf� nx sw oft wor owma *we TOW Pgw wisrow, Mon. U Mk*mmd E OWNW, SUGLOw Dr■orw we ftr. AWL Lmgbkd o oowrire 1we M Me l a>!ir Dome QdIK Ch* - air of VddW IM Aa. Loua ftowww t Pao m D mWw. CM& - FaMmnks North SW 01 91h A coCMk - Ma"u Do wph HaIM C * � d M#IMs loan Aroaw -An& Mary MIrOa - Ko" NOW 110fouP Undo #Arm - c*:*Iwmd pu AMA-1�11er�M1l1fe° �rapA �. Vd" "W" • dom" mom ow DorNigh - -- - ----a OM Laird W% Mima% and Eomooft DWA& *MM David woo". a" - CNr of Koo* 'W Fagg. cow"* cft ald Dorm of am UN" lL!1@1 1 r. co•CM fr • CNy w Kuw oM AMON* - UW & fthhUwlo NrorOh He* "No - f "Wo ileac swogh s a J"o - �n.e�o� mow► rwe�o ft"m fft - CNr Of Koff OW Draw So Mad - K" hI1M1el A fta%h o"4= AWI T, 9felts fobovmown = In I and Pkiou O Gov Lwl^ CMt - CNy bf:'I"M Fred ArNiM W4 C*4h* • NwMw80 Ands Soraph DOW AAfoon - Cety of Carsra ANN Aus"INI o �iA�iit BOA CraiO &iiit - C aad ait iom On" firWo - CAy M Kodfloh a•"LoJr. -=W40 Nuhali Rai +M • Ce#ybf IGMKMIir nvjmwW Roomy - MNe1MMe A mft BwouOb 0 - a I o.ol b^ CWW • CNy aid Mich a .lunaaa Tan faadaMw O&ft* . eGriaf f wmmk soh DOIMIaI AA. . `• �I!M Broor A ro�tO, W. - ""Wo" An* f wuO No W. *to • do at w000r .Dlf+no - _ i*" of RON MNgW - KM" ewMidifI I & ,MM . pownwa am i& DW&JOh Do UdkWd-1KMiM1-1-11-610 of PON" Chlefa - ��°s� �" /06l�istf) b SENT BY: 4-29-93 ; 15:59 ; AML/JIA 907 283 3014;# 2/ 2 37 Second Stresf . Sine 200 • .iuneau. AkUkO 99W I ft Tel (907) 5M-1325. Fax (907) 463,--V April 29, 1993 TO: Everybody and Their Friends FROM: Kant E. Swisher, Executive Director ABOUT: Senior CitlzsrVDhmbled Veterans Tax Exemption SEN CS HB QB(FM) and SB 102 The House bill, which had been moving along fWV well, albeit with a couple of unwelcome amte endmer , wins killed last evening whin the Senate debated tt on reocsvrI, I 1'1lort by a vote Of twenty to Wm" earner passage of the measure. This was aOW action; BEN CS NB 6":h) is dead. Talk has it that the Senate Is sending the House a message about their displeasure with that body by kftV one of the House's pdoft bias. Whatever. This is about what 4 do now. SB 102 Is stia alive, sitting In Senate Finance Committee, from which it could be moved - hopetully aft saris a wxknwd to Mode portions of the House WIVUggs -10 digs and tiutn to the ftor'and passed. R woW be possible for the Howe to retler the bRto►Ades C "wnntw for c:alandaring on the nlod day, and enact R. Admitt *, this Is a long shot. but It is the only shot ronw* trim, Technically, this series, of steps would take sec or seven lealrlative days, so time is very short. If V Is going to work, prompt ac don Is essential. The only reason for lire Serrate to change he action, and for the House to go though enactment of this measure a second time, Is pressure from Iocwl officials. Now left ttnw to woke a contact on this one - With both yaw Swam and then with your House members, $titres Ow you want the bill - ragarON" al disputes between the bodies or their members. That mend" exemption for all now In Iaw twill cx>Iat kxwl government over MACAW In 1994, areal more @very year unless WWI repaaWd. This is a lot of money - too much to lose because of *411spulia,between Ow houses abart who done who wrong first. Suggest to your legislailers 1hatyou want them to fix the problem, not the blame. As part of your work on this Issue, it Is time to talk about this mailer with your local media folks. All your citizens need to understand that mandating an exemption for a couple of groups VAN, In times when other revenue sources are being cut and coats are rising, mean Mcrensed taxes, or reduced services, for all of them. Remember — repealing the state -mandated property tax exemption Is a cause advocated only by those who pay the bill, local governments and their non-senior/non-disabled veteran citizens. No one elso ores —Mess you make certain your legislators know that you do, and that you will remember how they voted, your mu dalpaMty's clgxerrs will end up paying for an increasingly expensive program (growth rate has been. running 20%4im r) that already costs municipalities over $15 million asinu*. ACT NOW TO PAsUR',1E OF AN ACCEPTAMA VERSION OF 8111021 Mentmo of the Nationd League of Cities and the Nationd Aswciatbn of Counties ASH LEY f?EE01 `xASSOCIATES GOVERNMENT RELATIONS AND PUBLIC AFFAIRS CONSULTANTS April 27, 1993 121 yv ;110 Tn: John Williams, Mayor City of Kenai ti APR 1993 FROM: Lynn KenneyJ,4 5J. Legislative Liaison���.; RE: Various Legislation The Legislature is moving frantically towards an early adjournment. Rumors are flying that it could happen as soon as tomorrow, or early next week at the latest. Referrals are being waived and committee substitutes offered at a quick pace. Listed below are several bills we have been following for Pilot Point have seen action: The Senate passed HJR #41, relating to individual fishery quota shares block proposals by the North Pacific Fishery Management Council. It will now be transmitted to the Governor. Coincidentally, Representative Davidson of Kodiak introduced HJR #42, opposing IFQ's. It was referred to the Special Committee on Fisheries and Resources. The House Finance amended version of HB #275, relating to ASMI and a salmon marketing tax, passed the House on a vote of 24-15. I have attached the Judiciary Committee Substitute for CSHB 254, which broadens even further the Open Meetings Act. ldl� 3201 C Street - Suite 300 - Anchorage, Alaska 99503 (907) 562.2560 - FAX (907) 562.2570 r" HOUSE JOINT RESOLUTION NO. 41 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY REPRESENTATIVES WILLIAMS, Olberg, Moses Introduced: 4/16/93 Referred: Resources A RESOLUTION 8-LS1029\A 1 Relating to consideration of individual fishery quota shares block proposals by the 2 North Pacific Fishery Management Council. 3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS the North Pacific Fishery Management Council has recently approved an individual fishery quota (IFQ) share program for the North Pacific and Bering Sea halibut and sablefish fisheries; and WHEREAS the IFQ program for the halibut and sablefish fisheries is intended to provide long-term sustainable harvests of these resources; and WHEREAS Alaska coastal communities depend on the ability to harvest marine resources and must be beneficiaries of the IFQ program; and WHEREAS residents of Alaska have expressed concern that the IFQ program approved by the North Pacific Fishery Management Council allows consolidation of IFQ shares and may reduce the size of the fishing fleet which could in turn reduce the benefits of the IFQ program to Alaska fishermen, Alaska coastal communities, and the state as a whole; and WHEREAS the North Pacific Fishery Management Council has a responsibility to HJR041a -1- HJR 41 I respond to the concerns that have arisen regarding consolidation of IFQ shares; and 2 WHEREAS several proposals regarding transfers of blocks of IFQ shares have been 3 developed and are before the North Pacific Fishery Management Council for its consideration; 4 and 5 WHEREAS these block proposals would limit the amount of consolidation that could 6 occur under the IFQ program, and thereby help to maintain the present diversity of the 7 longline fishing fleet, to provide an entry level fishery, and to ensure that the benefits of the 8 IFQ program accrue to Alaska fishermen, processors, and coastal communities; 9 BE IT RESOLVED that the Alaska State Legislature respectfully urges the North 10 Pacific Fishery Management Council to address the concerns expressed by Alaska residents 11 regarding consolidation of IFQ shares by amending the IFQ program for the halibut and 12 sablefish fisheries to include a block proposal system. 13 COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the 14 United States; the Honorable Ronald H. Brown, Secretary of the U.S. Department of 15 Commerce; the Honorable Leon E. Pannetta, Director of the Office of Management and 16 Budget; the Honorable Diana Josephson, Acting Administrator, National Oceanic and 17 Atmospheric Administration, U.S. Department of Commerce; the Honorable Nancy Foster, 18 Acting Assistant Administrator for Fisheries, National Oceanic and Atmospheric 19 Administration, U.S. Department of Commerce; the Honorable Richard Lauber, Chair of the 20 North Pacific Fishery Management Council; and to the Honorable Ted Stevens and the 21 Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. 22 Representative, members of the Alaska delegation in Congress. HJR 41 -2- HJR041a 8-LS1039\E HOUSE JOINT RESOLUTION NO. 42 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY REPRESENTATIVE DAVIDSON Introduced: 4/23/93 Referred: House Special Committee on Fisheries, Resources A RESOLUTION 1 Opposing Individual Fishery Quota management systems for the Alaska halibut 2 and sablefish fisheries and other Alaska fisheries. 3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 WHEREAS the Alaska commercial fishing industry merges an established system of 5 biological management of fishery resources, a social foundation for Alaska coastal 6 communities, and unique and productive livelihoods for many thousands of Alaskans; and 7 WHEREAS International Pacific Halibut Commission and North Pacific Fishery 8 Management Council (NPFMC) studies show that the Alaska halibut and sablefish resources 9 are generally in a biologically healthy condition under the current open access management 10 system; and 11 WHEREAS the NPFMC has identified problems in the halibut and sablefish fisheries 12 without developing a comprehensive option based on the flexible management actions 13 available under the open access management system that may address those problems, such 14 as gear restrictions, tank inspections, flexible time frames for fishery openings to accommodate 15 weather, etcetera; and 16 WHEREAS the NPFMC is seeking to implement an Individual Fishery Quota (IFQ) HJR042a -1- HJR 42 I management system in the Alaska halibut and sablefish fisheries; and 2 WHEREAS the IFQ management system will initially allocate shares consisting of a 3 percentage of the annual total allowable catch of a fishery resource to individual fishermen; 4 and 5 WHEREAS implementation of the IFQ management system will instantly create 6 permanent, exclusive, and salable access rights to the halibut and sablefish fishery resources 7 of the North Pacific Ocean; and 8 WHEREAS the IFQ management system does not recognize the past participation of 9 crew members and vessel operators in the halibut and sablefish fisheries and denies to crew 10 members and vessel operators the economic opportunity that is reserved for vessel owners; 11 and 12 WHEREAS the proposed IFQ management system is not consistent with art. VIII, 13 sec. 15, of the Constitution of the State of Alaska which states "No exclusive right or special 14 privilege of fishery shall be created or authorized in the natural waters of the State....."; and 15 WHEREAS the value of quota shares as salable property will make the IFQ 16 management system irreversible; and 17 WHEREAS an identified goal of the IFQ management system is to concentrate 18 ownership of the right to harvest the fishery resource into the hands of those with the greatest 19 wealth and financial advantages; and 20 WHEREAS the implementation of the IFQ management system will create a 21 privileged class of fishermen based on their fortuitous involvement in the fishing industry 22 during a particular period of time and will seriously inhibit those fishermen who wish to enter 23 those fisheries in the future; and 24 WHEREAS the IFQ management system will seriously inhibit the ability of fishermen 25 to diversify among fisheries as resource and market conditions fluctuate and will therefore 26 hinder the ability of fishermen to operate stable and successful fishing businesses; and 27 WHEREAS the NPFMC has not given adequate consideration to or realistically 28 estimated the practical enforcement costs, strategies, or funding sources required to ensure 29 effective at -sea and shoreside fishery conservation measures to prevent illegal fishing, 30 highgrading, false reporting, black marketing, et cetera of fish caught under the IFQ 31 management system; and 32 WHEREAS the NPFMC has not given sufficient consideration to the economic and HJR 42 -2- HJR042a I social effects that the IFQ management system will have on Alaskans and Alaska coastal 2 communities; and 3 WHEREAS testimony given to the NPFMC on the IFQ management system by 4 individual fishermen, industry, municipalities, and organizations overwhelmingly opposed such 5 management systems; and 6 WHEREAS while problems exist under the open access management system, it has 7 provided for proven, effective, and cost-efficient administration and enforcement of resource 8 conservation efforts, while allowing fishermen and the fishing industry the flexibility to 9 diversify among existing fisheries and to develop new fisheries as conditions and markets 10 change; and 11 WHEREAS implementation of IFQ management systems in any Alaska fishery will 12 result in serious, compound, negative effects for individual fishermen, the Alaska commercial 13 fishing industry, Alaska coastal communities with a fishing -based economy, and the overall 14 economy of the state; 15 BE IT RESOLVED that the Alaska State Legislature respectfully requests the 16 Secretary of Commerce to direct the National Marine Fisheries Service to contract for 17 extensive independent cost -benefit analyses, input-output analyses, and socio-economic impact 18 studies of any management system for Alaska fisheries and to seriously consider the full scope 19 of such a system before considering any allocative management measure for any Alaska 20 fishery; and be it 21 FURTHER RESOLVED that the Alaska State Legislature respectfully requests the 22 North Pacific Fishery Management Council to aggressively seek and carefully consider public 23 comment from all segments of the commercial fishing industry in order to develop an 24 equitable, comprehensive management plan for the Alaska halibut and sablefish fisheries 25 utilizing the flexible management tools available under the current open access management 26 system; and be it 27 FURTHER RESOLVED that the Alaska State Legislature opposes the use of state 28 agency resources, facilities, and funds or other forms of state cooperation to implement, 29 administer, or enforce the Individual Fishery Quota management system for the Alaska halibut 30 and sablefish fisheries or for any other Alaska fishery; and be it 31 FURTHER RESOLVED that the Alaska State Legislature respectfully requests the 32 Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric HJR042a .3- HJR 42 1 2 3 4 5 6 7 8 9 10 11 12 13 Administration, and the Director of the Office of Management and Budget to withhold implementation for three years of any Individual Fishery Quota management system for the Alaska halibut and sablefish fisheries, or any other Alaska fishery, so that cost -benefit analyses, input-output analyses, and socio-economic impact studies of the proposed IFQ management system can be completed and seriously considered before the proposed IFQ management system is implemented. COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the United States; the Honorable Ronald H. Brown, Secretary of the U.S. Department of Commerce; the Administrator, National Oceanic and Atmospheric Administration; the Honorable Leon E. Pannetta, Director of the Office of Management and Budget; the Honorable Richard Lauber, Chair of the North Pacific Fishery Management Council; and to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress. HJR 42 -4- HJR042a 8-LS0341\U CS FOR HOUSE BILL NO. 275(FIN) am IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY THE HOUSE FINANCE COMMITTEE Amended: 4/21/93 Offered: 4/14/93 Sponsor(s): REPRESENTATIVE HUDSON A BILL FOR AN ACT ENTITLED 1 "An Act relating to the Alaska Seafood Marketing Institute and a salmon 2 marketing tax; and providing for an effective date." 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 * Section 1. AS 16.51.020(a) is amended to read: 5 (a) The governing body of the institute is a board of directors. The board 6 consists of 25 [18] voting members appointed by the governor. In making 7 appointments to the board., the governor shall consider, but need not appoint, nominees 8 presented by persons engaged in fish processing, the financing of fish processing, or 9 commercial fishing. 10 * Sec. 2. AS 16.51.020(b) is amended to read: 11 (b) Twelve members of the board shall be seafood processors: eight of the 12 seafood processors must have an annual payroll in the state of more than $2,500,000 13 [$1,000,000 OR MORE]; four of the seafood processors must have an annual payroll 14 in the state of $50,000 - $2,500,000. Twelve [$1,000,000. FIVE] members of the HB0275c -1- CSHB 275(FIN) am New Text Underlined (DELETED TEXT BRACKETED] I board must be engaged in commercial fishing. One member of the board shall be a 2 lay person selected by the governor. 3 * Sec. 3. AS 16.51.050 is amended to read: 4 Sec. 16.51.050. QUORUM. Fourteen [TEN] members of the board appointed 5 under AS 16.51.020 constitute a quorum for the transaction of business and the 6 exercise of the powers and duties of the board. 7 * Sec. 4. AS 16.51.090 is amended to read: 8 Sec. 16.51.090. POWERS OF BOARD. In carrying out the powers of the 9 institute, the board may 10 (1) adopt, alter, and use a corporate seal; 11 (2) prescribe, adopt, amend, and repeal bylaws; 12 (3) sue and be sued in the name of the institute; 13 (4) enter into any agreements necessary to the exercise of its powers 14 and functions; 15 (5) cooperate with a public or private board, organization, or agency 16 engaged in work or activities similar to the work or activities of the institute, including 17 entering into contracts for joint programs of consumer education, sales promotion, 18 quality control, advertising, and research in the production, processing, or distribution 19 of seafood; 20 (6) conduct, or contract for, scientific research to develop and discover 21 health, dietetic, or other uses of seafood harvested and processed in the state; 22 (7) receive contributions of money from persons; 23 (8) establish offices in the state and otherwise incur expenses incidental 24 to the performance of its duties; 25 (9) appear on behalf of the institute before boards, commissions, 26 departments, or other agencies of municipal, state, or federal government; 27 (10) acquire, hold, lease, sell, or otherwise dispose of property, but such 28 property is limited to that which is necessary to the administrative functioning of the 29 office of the institute; 30 (11) establish and maintain one or more bank accounts for the 31 transaction of the institute's business; I-N M� CSHB 275(FIN) am -2- HB0275c New Text Underlined [DELETED TEXT BRACKETED] 1 (12) prepare market research and product development plans for the 2 promotion of any species of seafood and their by-products that may be harvested in 17 3 the state and processed for sale;, 4 (,13) establish an executive board to assist the board in efficiently 5 exercising the board's Rgwers and duties under this chapter: the executive board 6 shall consist of seven members selected from and by the board and shall include 7 at least three mcmbers wh9 ate, ce engaged in commercial fishing: 8 (14) establish committees related to the marketing of salmon and 9 salmon products: the board shall, to the extent practicable, appoint equal 10 numbers of seafood processors and persons engaged in commercial fishing to the 11 committees. 12 * Sec. 5. AS 16.51.100 is amended to read: 13 Sec. 16.51.100. DUTIES OF BOARD. The board shall 14 (1) conduct programs of education, research, advertising, or sales 15 promotion designed to accomplish the purposes of this chapter; 16 (2) promote all species of seafood and their by-products that are 17 harvested in the state and processed for sale; 18 (3) develop market -oriented quality specifications for Alaska seafoods 19 to be used in developing a high quality image for Alaska seafood in domestic and 20 world markets, and adopt and distribute recommendations regarding the handling of 21 seafood from the moment of capture to final distribution; 22 (4) prepare market research and product development plans for the 23 promotion of all species of seafood and their by-products that are harvested in the state 24 and processed for sale; 25 (5) submit an annual report to the governor and the legislature 26 describing the activities of the institute; [AND] 27 (6) develop marketing programs based on the "inspection" and 28 "premium quality" seals designed under AS 03.05.026 [,] and use the seals in 29 advertising and promotion efforts of the institutes 30 (7) collect, organize, distribute, and make available to the public 31 information on prices Vaid and market conditions for raw salmon and salmon 0 HB0275c -3- CSHB 275(FIN) am New Text Underlined (DELETED TEXT BRACKETED) I products and provide this information on a regular and timely basis to all salmon 2 Fshermen who hold permits under AS 16.43 and to all nonprofit salmon 3 enhancement organizations that hold a permit under AS 16.10.400; 4 (8) cooperate with commercial salmon fishermen, fishermen's 5 organizations, seafood processors, the Alaska Fisheries Development Foundation. 6 the Fisheries Industrial Technology Center, state and federal agencies, and other 7 relevant persons and entities to investigate market reception to new salmon 8 producct fortes and develop commodity standards and future markets for salmon 9 products. 10 * Sec. 6. AS 43.76 is amended by adding new sections to read: 11 ARTICLE 2. SALMON MARKETING TAX. 12 Sec. 43.76.110. SALMON MARKETING TAX. A person holding a limited 13 entry permit or interim -use permit under AS 16.43 shall pay a salmon marketing tax 14 at the rate of one percent of the value, as defined in AS 43.75.290, of salmon that the 15 person removes from the state or transfers to a buyer in the state. The buyer shall 16 collect the salmon marketing tax at the time the salmon is acquired by the buyer. 17 Sec. 43.76.120. COLLECTION OF TAX. (a) A buyer who acquires salmon 18 that is subject to a salmon marketing tax imposed by AS 43.76.110 shall collect the 19 salmon marketing tax at the time of purchase and shall remit the total salmon 20 marketing tax collected during each month to the Department of Revenue by the last 21 day of the next month. 22 (b) A buyer who collects the salmon marketing tax shall 23 (1) maintain records of the value of salmon purchased in the state; 24 (2) report to the Department of Revenue by March 1 of each year the 25 total value, as defined in AS 43.75.290, of the salmon that the buyer has acquired 26 during the preceding year. 27 (c) The owner of salmon removed from the state is liable for payment of 28 a salmon marketing tax imposed by AS 43.76.110 if, at the time the salmon is 29 removed from the state, the tax payable on the salmon has not been collected by a 30 buyer. If the owner of the salmon is liable for payment of the salmon marketing tax 31 under this subsection, the owner shall comply with the requirements under (a) and (b) No CSHB 275(FIN) am -4. HB0275c New Text Underlined (DELETED TEXT BRACKETED] I of this section to remit the tax to the Department of Revenue, to maintain records, and 2 to report to the Department of Revenue. „ 1 3 (d) The salmon marketing tax collected under this section shall be deposited 4 in the general fund. The legislature may appropriate revenue generated by the salmon 5 marketing tax to the Alaska Seafood Marketing Institute for the purpose of supporting 6 the institute's salmon marketing program under AS 16.51.100(7) and (8) and the 7 institute's domestic salmon marketing program. Except as otherwise provided in an 8 appropriation by the legislature, the amount of the allocation made to the institute's 9 salmon marketing program under AS 16.51.100(7) and (8) should not exceed 10 10 percent of the total amount of salmon marketing tax revenue appropriated for the 11 institute. 12 Sec. 43.76.130. DEFINITION. In AS 43.76.110 - 43.76.130, "buyer" means 13 a person who acquires possession of salmon from the person who caught the salmon 14 regardless of whether there is an actual sale of the salmon, but does not include a 15 person engaged solely in interstate transportation of goods for hire. 16 * Sec. 7. TRANSITION FOR MEMBERS OF THE BOARD OF DIRECTORS OF THE 17 ALASKA SEAFOOD MARKETING INSTITUTE. (a) Notwithstanding AS 16.51.020(b), 18 as amended by sec. 2 of this Act, a person who is serving as a member of the board of 19 directors of the Alaska Seafood Marketing Institute on the day before the effective date of sec. 20 2 of this Act may continue to serve as a member of the board for the remainder of the term 21 to which the person was appointed. 22 (b) As soon as practicable after the effective date of sec. 1 of this Act, the governor 23 shall appoint seven persons engaged in commercial fishing to the new memberships created 24 on the board of directors of the Alaska Seafood Marketing Institute by secs. 1 and 2 of this 25 Act. Notwithstanding AS 16.51.030, the governor shall appoint two persons appointed under 26 this subsection to one-year terms, two persons appointed under this subsection to two-year 27 terms, and three persons appointed under this subsection to three-year terms. 28 * Sec. 8. AS 43.76.110, 43.76.120, and 43.76.130 are repealed June 30, 1998. 29 * Sec. 9. AS 16.51.100(7) and 16.51.100(8) are repealed June 30, 1999. 30 * Sec. 10. Section 6 of this Act takes effect July 1, 1993. HB0275c -5- CSHB 275(FIN) am New Text Underlined [DELETED TEXT BRACKETED] 8-LS08591U SENATE CS FOR CS FOR HOUSE BILL NO. 254(JUD) IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY THE SENATE JUDICIARY COMMITTEE Offered: 4/23/93 Referred: RULES Sponsor(s): HOUSE STATE AFFAIRS COMMITTEE A BILL FOR AN ACT ENTITLED (0-1 1 "An Act relating to open meetings of governmental bodies." 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 * Section 1. AS 44.62.310(a) is amended to read: 4 (a) All meetings of a governing [LEGISLATIVE] body of a public entity [, 5 OF A BOARD OF REGENTS, OR OF AN ADMINISTRATIVE BODY, BOARD, 6 COMMISSION, COMMITTEE, SUBCOMMITTEE, AUTHORITY, COUNCIL, 7 AGENCY, OR OTHER ORGANIZATION, INCLUDING SUBORDINATE UNITS S OF THE ABOVE GROUPS, OF THE STATE OR ANY OF ITS POLITICAL 9 SUBDIVISIONS, INCLUDING BUT NOT LIMITED TO MUNICIPALITIES, 10 BOROUGHS, SCHOOL BOARDS, AND ALL OTHER BOARDS, AGENCIES, 11 ASSEMBLIES, COUNCILS, DEPARTMENTS, DIVISIONS, BUREAUS, 12 COMMISSIONS OR ORGANIZATIONS, ADVISORY OR OTHERWISE,] of the 13 state [OR LOCAL GOVERNMENT SUPPORTED IN WHOLE OR IN PART BY 14 PUBLIC MONEY OR AUTHORIZED TO SPEND PUBLIC MONEY,] are open to HB0254d -1- SCS CSHB 254(JUD) Now Text Underlined [DELETED TEXT BRACKETED] I the public except as otherwise provided by this section or another provision of law. 2 Except for meetings of a house of the legislature, attendance and participation at 3 meetings by members of the public or by members of a governing body may be by 4 teleconferencing. Materials [AGENCY MATERIALS] that are to be considered at the 5 meeting may [SHALL] be made available at teleconference locations. [EXCEPT 6 WHEN VOICE VOTES ARE AUTHORIZED, THE VOTE SHALL BE 7 CONDUCTED IN SUCH A MANNER THAT THE PUBLIC MAY KNOW THE 8 VOTE OF EACH PERSON ENTITLED TO VOTE.] The vote at a meeting held by 9 teleconference shall be taken by roll call unless the question is approved by 10 unanimous consent. This section does not apply to any votes required to be taken to 11 organize a governing [PUBLIC] body described in this subsection. 12 * Sec. 2. AS 44.62.310(b) is amended to read: 13 (b) If permitted [EXCEPTED] subjects are to be discussed at a meeting in 14 executive session, the meeting must first be convened as a public meeting and the 15 question of holding an executive session to discuss matters that are listed [COME 16 WITHIN THE EXCEPTIONS CONTAINED] in (c) of this section shall be determined 17 by a majority vote of the governing body. Subjects may not be considered at the 18 executive session except those mentioned in the motion calling for the executive 19 session unless auxiliary to the main question. Action may not be taken at an [THE] 20 executive session held under (c)(1) - (4) of this section. Action may be taken at an 21 executive session held under (c)(5) or (6) of this section. 22 * Sec. 3. AS 44.62.310(c) is amended to read: 23 (c) The following [EXCEPTED] subjects may be considered [DISCUSSED] 24 in an executive session: 25 (1) matters, the immediate knowledge of which would clearly have an 26 adverse effect upon the finances of the public entity [GOVERNMENT UNIT]; 27 (2) subjects that tend to prejudice the reputation and character of any 28 person, provided the person may request a public discussion; 29 (3) matters which by law, municipal charter, or ordinance are required 30 to be confidential; 31 (4) matters involving consideration of governmental records that SCS CSHB 254(JUD) -2- HB0254d New Text Underlined (DELETED TEXT BRACKETED] M r^ 1 are not subject to public disclosure: 2 (5) legal Mgtterg with which as atiornev who represents the 3 governing body or public entity. is involved, 4 (6) matters involving labor relations between the public entity and 5 its employees. 6 * Sec. 4. AS 44.62.310(d) is amended to read: 7 (d) This section does not apply to 8 (1) a governing body performing a judicial or quasi-judicial function 9 [BODIES] when holding a meeting solely to make a decision in an adjudicatory 10 proceeding; 11 (2) juries; 12 (3) parole or. pardon boards; 13 (4) meetings of a hospital medical staff; [OR] 14 (5) meetings of the governing body or any committee of a governing 15 body [HOSPITAL] when holding a meeting solely to act upon matters of professional 16 qualifications, privileges or discipline; 17 (6) staff meetings or other gatherings of the executive. 18 administrative, or other employees of a public entity; 19 (7) meetings held for the purpose of participating in or attending 20 a gathering of a national, state, or regional organization of which the public 21 entity, governing body, or member of the governing body is a member; or 22 (8) meetings held for the purpose of meeting with an elected official 23 or representative of an elected official, if the elected official is not a member of 24 the governing body or an official of the public entity the governing body 25 represents. 26 * Sec. 5. AS 44.62.310(e) is amended to read: 27 (e) Reasonable public notice shall be given for all meetings required to be 28 open under this section. The notice must include the date, time, and place of the 29 meeting and, if the meeting is by teleconference, the location of any teleconferencing 30 facilities that will be used. In addition to the publication required by AS 44.62.175(a) 31 in the Alaska Administrative Journal, the notice may be given in any reasonable HB0254d -3- SCS CSHB 254(JUD) New Text Underlined (DELETED TEXT BRACKETED) I manner. This subsection does not aRply to a meeting held for the purpose of 2 gniftdog w eme U10 that has caused or may cause immediate harm to the 3 Public health or safety. [BY USING A COMBINATION OF PRINT AND 4 BROADCAST MEDIA]. 5 * Sec. 6. AS 44.62.310(f) is repealed and reenacted to read: 6 (f) Action taken contrary to this section is voidable. An action may be 7 brought in the superior court against a public entity seeking to void action on a subject 8 taken during a meeting held in violation of this section. The action must be filed 9 within 90 days after the first day of a meeting held in violation of this section. A 10 member of a governing body may not be named in an action to enforce this section 11 in either the member's official capacity or personal capacity. If the court finds that 12 an action is void, the governing body may discuss and act on the matter at another 13 meeting held in compliance with this section. A court may hold that an action taken 14 at a meeting held in violation of this section is void only if the court finds that, 15 considering all of the circumstances, the public interest in compliance with this section 16 outweighs the harm that would be caused to the public interest and to the public entity 17 by voiding the action. In making this determination, the court shall consider at least 18 the following: 19 (1) the expense that may be incurred by the public entity, other 20 governmental bodies, and individuals if the action is voided; 21 (2) the disruption that may be caused to the affairs of the public entity, 22 other governmental bodies, and individuals if the action is voided; 23 (3) the degree to which the public entity, other governmental bodies, 24 and individuals may be exposed to additional litigation if the action is voided; 25 (4) the extent to which the governing body, in meetings held in 26 compliance with this section, has previously considered the subject; 27 (5) the amount of time that has passed since the action was taken; 28 (6) the degree to which the public entity, other governmental bodies, 29 or individuals have come to rely on the action. 30 * Sec. 7. AS 44.62.310 is amended by adding a new subsection to read: 31 (g) In this section, SCS CSHB 2"JUD) -4- HB0254d New Text Underlined [DELETED TEXT BRACKETED] 1 (1) "governing body" means a commission, council, board, assembly, 2 or other similar body with the authority to establish policies for a public entity 3 regarding the manner in which the entity will exercise its powers or duties, or with the 4 authority to make recommendations concerning the establishment of policies directly 5 to another governing body; "governing body" includes the members of a subcommittee 6 or other subordinate unit of a governing body if the subordinate unit consists of two 7 or more members; 8 (2) "meeting" means a prearranged gathering of at least a majority of 9 the authorized membership of a governing body held for the purpose of considering 10 a matter upon which the governing body is empowered to act; 11 (3) "public entity" means an entity of the state or of a political 12 subdivision of the state including an agency, the legislature, a board or commission, 13 the University of Alaska, a public authority or corporation, a municipality, a school 14 district, and other governmental units of the state or a political subdivision of the state. 15 * Sec. 8. AS 44.62.312(b) is repealed. HBO254d -5. SCS CSHB 254(JUD) New Text Underlined [DELETED TEXT BRACKETED] re-,' ASHLEV REEL ASSOCIATES +l1 GOVERNMENT RELATIONS AND PUBLIC AFFAIRS CONSULTANTS ` April 29, 1993 �31� TO. John Williams, Mayor City of Kenai o.4 APR FROM- Lynn KenneyexN a Legislative Liaison RE- House Bill #298 - Salmon Enhancement Tax As you are aware, the House of Representatives surprised a few people and adjourned Tuesday evening. The move was largely a symbolic one, as the Senate is not likely to concur with the House budget. The Senate will continue to do business and force the House to reconvene on Saturday. In the meantime, the Senate is loading the calendar with their priority bills and amending House bills, forcing the House to concur with their changes. Naturally, there is a great deal of maneuvering going on as to what priority legislation will be taken up and what budget numbers will be used when the House returns. Rep. Hudson introduced HB #298 on Tuesday, shortly before adjournment. This legislation would allow the Commissioner of Revenue to change the salmon enhancement tax to a one, two or three percent tax upon majority vote at an election held in the region where the tax is levied. It would also allow the tax to be changed if a petition signed by at least 25% of the number of persons who voted in the election is presented to the Commissioner of Commerce and Economic Development. The Commissioner must determine that the change in rate would not jeopardize repayment of outstanding loans to the qualified regional association. Also, please be aware that HB #252 (Refinancing Commercial Fishing Loans), HB #253 (Fisheries Business Taxes), and HB #264 (Fishery Resource Landing Tax) have passed the House and been transmitted to the Senate. 3201 C Street • Suite 300 - Anchorage, Alaska 99503 (907) 562-2560 • FAX (907) 562-2570 0 ?e� 8-L.S10751A HOUSE BILL NO. 298 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY REPRESENTATIVE HUDSON Introduced: 4/27/93 Referred: House Special Committee on Fisheries, Resources, Finance A BILL FOR AN ACT ENTITLED 1 "An Act relating to procedures for changing the rate of the salmon enhancement 2 tax." 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 ' Section 1. AS 43.76 is amended by adding a new section to read: 5 Sec. 43.76.018. CHANGE OF SALMON ENHANCEMENT TAX RATE. (a) 6 A salmon enhancement tax levied under this chapter may be changed to a one, two, 7 or three percent salmon enhancement tax under AS 43.76.010, 43.76.011, or 43.76.012 8 by the commissioner of revenue upon majority vote at an election held under 9 AS 43.76.015 in the region in which the salmon enhancement tax is levied. 10 (b) A salmon enhancement tax shall be changed by the commissioner of 11 revenue under (a) of this section following an election in a region if 12 (1) a petition is presented to the commissioner of commerce and 13 economic development requesting that the rate of the salmon enhancement tax in the 14 region be changed to one, two, or three percent under AS 43.76.010, 43.76.011, or H1110298a -1- HB 298 New Text Underlined [DELETED TEXT BRACKETED] 1 43.76.012 that is signed by at least 25 percent of the number of persons who voted 2 under AS 43.76.015 in the election approving the salmon enhancement tax in the 3 region; the petition required under this paragraph may be prepared or submitted to the 4 commissioner of commerce and economic development by the qualified regional 5 association for the region or by a person who holds a salmon interim -use permit or 6 entry permit for the region; 7 (2) the commissioner of commerce and economic development 8 determines that the change in the rate of the salmon enhancement tax will not 9 significantly jeopardize repayment of outstanding loans to the qualified regional 10 association under AS 16.10.510 that are secured by the tax; 11 (3) an election is held in accordance with AS 43.76.015(a), (c), and (d); 12 the ballot must state the proposed rate of the salmon enhancement tax and ask the 13 question whether the salmon enhancement tax for the region shall be changed to the 14 proposed rate; the ballot must be worded so that a "yes" vote is for change of the 15 salmon enhancement tax to the proposed rate and a "no" vote is for continuation of the 16 current rate of the salmon enhancement tax; 17 (4) a majority of the eligible interim -use permit and entry permit 18 holders who vote in the election cast a ballot for the change of the rate of the salmon 19 enhancement tax; and 20 (5) the qualified regional association provides notice of the election in 21 accordance with AS 43.76.015 within two months after receiving notice from the 22 commissioner of commerce and economic development that a valid petition under (1) 23 of this subsection has been received. 24 (c) An election to change the rate of a salmon enhancement tax under this 25 section shall be held within 90 days after the commissioner of commerce and 26 economic development receives a valid petition under (b)(l) of this section unless the 27 commissioner authorizes an extension of the election date in order to provide for an 28 orderly election. 29 (d) If approved, the change in the rate of the salmon enhancement tax takes 30 effect on the date set out in the ballot. HB 298 .2. HB0298a New Text Underlined [DELETED TEXT BRACKETED] rAM as AM 0 2T7 Second Street, Suite 200 ■ Juneau. Alaska 99801 • Tel (907)586-1321. Fax (907)463-5M FAX COVER LETTER Date: April 20, 1M FAX no.:" 'Ndtal pages w/ cover: 9 Following pages are for: Man ager/AdnWnietrrtor/Mayor//Cl" Cft of Kenai From: Kent E. Swisher, Executive D4ector HB 20, which has moved rapidly through the House. passed the Senate Community & PAgkmW Affairs Committee, and Is now in Senate Judiciary, with an additional Finance referral, would seriously impact the revenues you receive under the Fisheries Business (Raw Fish) Tax program. The bill propose to dtamge a 5 Percent edrrinistratMe fee for the program, which would come off the top before taxes were she W. This would mean a 5 percent cut In the amount mu dcIpalities would receive under the program (a total of over $725,000 for FY So. Based on FY lit distribution Igures obtained from the Department of Revenue, this would hwe �-^ the folowing impact on your municipality: E92 City of Kenai $1329M An amendment to the bill proposed yesterday would slow municipalities to collect the tax thertwelves. but as drafted all I would do is to shill the collection burden to municipalities. require you to remit all the bum caleded to the etao and allow the state to pay you a small amount for colectIM increase the tM aIC ivi iMI eti"eltiVe coat of the program, and roquin processors to die addffi nW tax retwne for each municipality In which they operaft. Any modlicalla s to the method of collection certainly need more attention than Is possible at this late date in the session. Please contact Senator Taylor and other nretneere of the Judiciary Committee to requeae fiat they 1*9 no action on NO 253 and let It die In comrniltee. Also, just In case it gels esr1R on to Flnence, phme let Finance Choirs Senators Frank and Poomis, Rules Chair Ssaidor •Jaako, and Senate Preeklerat Hslford know that you oppose L Member of the NWIonal UwgLa of Cities and the National Anock3 on of Countles /0--, WALTER J. H/CIC _ 1 � O Ka fornsky Beach Red Diamond Center DEPT. OF ENVIRONMENTAL CONSERVATION Suite #11 ZZIM DI812ICT OFFICE So dotna, Alaska 99669 CERTIFIED MAIL- Phone: (907)262-5210 RETURN RECEIPT REQUESTED Fax: (907)262-2294 AQR1g93 .:l G Mr. Keith Kornef�s,5,�cs Public Works Dirddtor City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 April 28, 1993 RE: Grace Drilling former Kenai Storage Yard Lots 10-13, Cook Inlet Industrial Park Improper Storage of Contaminated Soils Dear Mr. Kornelis, �_v..._ _s' 3 f NLurrey ,..:... --- ..y C:2rk al On March 30, 1993, the Kenai District Office of the Alaska Department of Environmental Conservation (ADEC) received a letter from the City regarding potential use of contaminated soils (without treatment) at the above referenced site. At this time, due to the documented levels of contamination within the "Kenai Activities Pile", we are unable to approve of any plan for using this material as a base under the asphalt parking lot and driveways at this site. Laboratory analyses for samples collected from this stockpile, confirm that soils exist within this stockpile that exceed the site specific cleanup level of 200 ppm diesel range organics. However, in lieu of remediating these soils to the calculated site specific cleanup level, the City could choose to conduct a contaminant leaching assessment in an attempt to determine alternative soil cleanup levels. There are no guarantees that a contaminant leaching assessment will result in lower cleanup levels for this site. The leaching assessment should identify cleanup levels that will not lead to groundwater contamination above the applicable water quality criteria of 18 AAC 70 through leaching, nor pose a risk to potential surface receptors. Requirements for the contaminant leaching assessment should be obtained from the local district office prior to initiating such an assessment. printed on recycled paper a y G.G. CITY OF KENAI 2 April 28, 1993 If you have any questions or need additional information, you may contact no at 262-5210. Sincerely, - � J. �jq)l� Monica T. English Environmental Engineering Assistant Mailed Certified Return Receipt #P377-609-704 on April 28, 1993 '-IN 1 I1 1 �� A ! ►�� l WALTER J. HICI KaYifornsky Beach / DEPT. OF ENVIRONMENTAL CONSERVATION Red Diamond C_.._.._ Suite #11 RIMM DIBTRICT OFFICE S�dotna, Alaska 99669 CERTIFIED MAIL- Phone: (907)262-5210 RETURN RECEIPT REQUESTED Fax: (907)262-2294 A APR 1993 April 28, 1993 Receive+i PUb11C d4�i)?It$ V�r4 Mr. Keith Kornelis Public Works Director. - City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 RE: Grace Drilling former Kenai Storage Yard Lots 10-13, Cook Inlet Industrial Park Improper Storage of Contaminated Soils Dear Mr. Kornelis, To date, the City of Kenai has failed to submit a Soil Disposal Plan for the petroleum hydrocarbon contaminated soil at the above referenced site. Disposal plans were requested by the Kenai District Office of the Alaska Department of Environmental Conservation (ADEC) through correspondance dated November 18, 1992, and February 24, 1993. As you are aware, approximately 4000 cubic yards of contaminated soil was excavated and stockpiled on this site in September 1992 during construction activities for the new courthouse. This contaminated soil was stociled in temporary storage cells as a means to expedite construct on activities for the new courthouse. The storage time limitation for the bedding and cover liners used for the construction of these storage cells has been exceeded. Improper storage of these soils creates a potential for leachate contamination to the surrounding soil and the environment. In addition, another 8000 cubic yards of contaminated soil, known as the "Kenai activities pile", has remained stockpiled on site since July 1992, without either a bottom or cover liner. This stockpile also presents a potential for leachate contamination to the surrounding soil and environment. The storage of this contaminated stockpile of soil was discussed in the August 21, 1992 project meeting held (with yourself in attendance) in the Kenai District Office. On separate letters dated November 18, 1992 and February 24, 1993, this office requested the City of Kenai to either properly store or dispose of this contaminated soil. 4 printed on recycled paper b y QID. CITY OF KENAI 2 April 28, 1993 The Department is more than willing to assist the City with the development of a disposal plan for this soil. However, due to environmental and public health considerations, it is imperative that the City take immediate action to store these 12,000 cubic yards of contaminated soil in an approved manner consistent with the Department's guidance document for "Storage, Remediation, and Disposal of Non -UST Petroleum Contaminated Soils". A copy of this document was provided to you in the Department's November 18, 1992, letter. However, if you should need another copy, one may be obtained from the Kenai District Office. The Department again requests that the City of Kenai submit plans to this office for long term storage of all contaminated soil at this site, by no later than May 14, 1993. Departmental review and approval is required prior to construction of the storage cells for these contaminated soils. This is the Department's third request for the City of Kenai to address the proper storage of the contaminated soil at this site. If the City should fail to respond to this request by the May 14th deadline, then this matter will be referred to the Attorney Generals' Office for legal recourse. If you have any questions or need additional information, please contact Monica T. English at 262-5210. Sincerely, 7�0-,,�j Inq� Monica T. English Environmental Engineering Assistant cc: Svend-Brandt Erickson, ADEC SCRO Les Buchholz Mailed Certified Return Receipt #P377-609-703 on April 28, 1993 ^,