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HomeMy WebLinkAbout1993-07-07 Council PacketKenai City Council Meeting Packet July 7, 1993 AGENDA KENAI CITY COUNCIL - RZOULAR MEETING JULY 7, 1993 7:00 P.M. KENAI CITY COUNCIL CSAXBERB 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. BCHEDULED PUBLIC COMMENT (10 Minutes) 1. Gretchen Graeff - Kenai Headstart Program. 1. Ordinance No. ISSI-93 - Establishing Section 13.10.060 of the Kenai Municipal Code (Providing Sanitary Facilities for Individuals Camping on Private Property). 2. Resolution No. 93-54 - Transferring $4,000 in the General Fund for the City's Share of Alaska Municipal League Conference Costs. 3. Resolution No. 93-55 - Awarding a Contract for the Architect/Engineering Schematic Design and Design Development Phases on the Project Entitled "Kenai Animal Shelter" to Kluge and Associates for the Not -to - Exceed Amount of $23,500.00. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission -1- 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. NINOTE8 F. 1. *Regular Meeting of June 16, 1993. 1. *6/28/93 J.Williams letter to Kenai Peninsula School Board. a. OLD BUSINE88 H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. ►Ordinance No. 1552-93 - Increasing Estimated Revenues and Appropriations by $95,172 in the Capital Project Fund Entitled "Airport Safety/Security Gates." 4. *Ordinanc* No. ISS3-93 - Decreasing Estimated Revenues and Appropriations by $13,975 in Two Senior Citizen Funds. 5. *Ordinance No. 1554-93 - Amending KMC 14.20.290 Entitled, "Appeals - Board of Adjustment." 6. *Ordinance No. 1555-93 - Increasing Estimated Revenues and Appropriations by $16,533 in the General Fund as a Result of Receiving Three Library Grants. 7. *Ordinance No. 1556-93 - Amending the Kenai Municipal Code by Enacting 23.40.140 and 23.40.150 and Amending 23.40.130 (Family Leave). 8. *Ordinance No. 1557-93 - Increasing Estimated Revenues and Appropriations by $521,627 in the General Fund for Purchase of a Fire Department Aerial Device. 9. got Hearing - Board of Adjustment - Appeal of Mary and Jack Keck. ::I,= 10. Approval - Petition to Vacate the Right -of -Way and Utility Easement, Government Lot 12, Section 1, TSN, R11W, S.M. 11. Discussion - Vehicles -for -Hire. 12. Discussion - Fence Between Carr's and Bernie Huss Memorial Park. 13. Discussion - Kenai Spur - Water and Sewer Crossings. I. 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DI8CII88IOM 1. Citizens (five minutes) 2. Council L. �OIIR�ALEM'1' MI= MAYOR18 REPORT JULY 7, 1993 COUNCIL MEETING ADD: I-1, Mayor's Report - Preliminary List, City of Kenai Capital Projects 1994. ADD: Information Item No. 4 - J.La Shot's memo to KK regarding Thompson Park Sewer Interceptor (Phase I), and Thompson Park Sewer, Water Systems & STreets (Phase II) . 1. Discussion - Authorizing Administration to pay overtime for the Police Department traffic control for the KMart grand opening. 2. Sister Cities relationship with Okha. rJ rd 'i �l J I� M.- , "AM $ A"/ A.p r la '1i 4 R r= ,Ts/, ol ..rya +r�rr fir MATME / ,MW . . i . ' � ." Ms. fl,t 1 ' � r . ANY • t-'d *; � � � � r.-,=� c sir, i � -.- ^�;'a � � �• � a, r..:� ,��. mi j, Lomwr - m .�eG�i �.St'art'= ;earl s more than a doc tart l S aL '7 r6;eam _ ��UCATr aN r G �fdd=Start.-provides many -_�_ tcpxrtit n ces +a Wf Children." physically , irrttllec+KaNy. 5GGially And ernotionaaly! Read Star+ parcn�s mate Qt'Cislons that ivtrn dnd 'T rate -{-he raga m . rc n+s r4ici pa +c in 'Af- Classroon I n home vis it-s, in Parent-frainin9. AR,E•N7 U. r j, m li ds and. NU7PJT10N V _=Head_.S'*r+-ftathes children-, about- nw+r; t-io us :gods -and_: heOthy eai+in habits? Arid-` serves Doily ;rcOk_f%tSr% arid' Ho-t- lunches. �— SOCIAL 5E'XVI G9!' Fomiy Gssismnce and Ajen YtfCrraI6 W? 501vc probit And improve fht j uOM-Y home life -� r parents All aildrw. �iP {-teltoirl Fam; ies ktg%p -�m5LylyeS is a PccY't- lNvoLvchnr=NT" L HEALT 5 of : Exarrls and-fvllew-cep are ry by local medical and dental n+s Pro ssionals. �kalfh atacah I: +hL urhok family• Fad, a Child has a Cfmpkte Wick -Up up to date t mrnanisatra�V ucnd !Panful health Urrices arc ` provided for Children wO k�trnlnq a ar.Fi.n ! M•c. . �robl[mt. H r AND SPECIAL HZEDS . - e ON totf „r 13K 311% COMMUNITY: ,T BASIC BUILDING & SAFETY REQUIREMENTS AND REVIEW: YES N_( I. STRUCTURAL 1. There is indoor space of 35 sq.ft. per child, with additional hallways, storage, bathroom, and kitchen areas. 2. There is a stable electrical power supply. 3. There is adequate fluorescent lighting. Bathroom: 10 foot candles (FC) per sq.ft. Kitchen: 30 FC per sq.ft. Classroom: 50 FC per sq. ft. 4. All light fixtures are equipped with shatterproof coverings. 5. All floors are: a. properly insulated b. covered with easily cleaned materials (linoleum, low -pile carpet) c. are smooth and in good repair 6. Walls and ceilings are properly insulated, smooth, tight and in good repair. 7. Walls and ceilings have surfaces of light color, are washable and clean. 8. Only latex paint is used. 9. Stairways and steps have handrails and nonslip treads or coverings (inside and outside). 10. If a facility regularly provides care for physically handicapped persons, appropriate equipment, which may include access ramps, handrails, grab bars, and accommodations for wheel chairs, must be provided. 11. "Cove molding" at floor/wall junctions. 12.Outside openings screened during insect season. U. WATER, WASTEWATER, SOLID WASTE 13. Is the facility equipped with water and sewer? Is the system operating? Are there bathrooms? 14. Ample supply of hot and cold running water under pressure provided to all plumbing fixtures. 15. Hot water temperature controls provided to maintain hot water between 1000 F and 120' F. 16. Drinking water and/or wastewater plans attached. KI -7- SIC BUILDING A SAFETY REQUIREMENTS AND REVIEW: Cont'd III.HEATING AND VENTILATION 17. There is a safe and effective heating system that keeps the center temperature between 680 F and 720 F, measured 12 inches above the floor. [ ] [ ] [ 18. The heating system is inspected annually and a current inspection verification is on file. (Please provide copy.) [ ] [ ] [ ] 19. Fuel lines and screens are cleaned as needed. [ [ ] [ ] 20. Adequate ventilation provided throughout facility; mechanical ventilation provided in toilet rooms and over the cooking area. [ ] [ ] [ 21. Heating units or other devices which employ a flame vented safely to the outside of the building. [ ] [ l [ l IV.SAFETY 22. There is a safe outdoor play area (fenced) of at least 75 sq.ft. per child. [ [ ] [ 23. There are at least two exits remote from each other that open outward and that are useable year-round. It is recommended that panic -proof hardware be installed on doors. [ ] [ 24. There is emergency lighting available for the size of the center. [ ] [ ] [ ] 25. Radiators, stoves, hot water pipes, furnaces and heaters are adequately screened to prevent burns. [ [ ] [ ] 26. At least two fully charged fire extinguishers are readily available and appropriately located near stoves. Charge dates on the extinguishers are current. [ ] [ ] [ ] 27. Flammable and other dangerous materials (i.e. detergents and poisons) shall be clearly labelled and stored in locked cabinets or storage facilities, accessible only to authorized persons. [ [ ] [ ] 28. No highly flammable furnishings or decorations are used. [ ] [ [ ] 29. Smoke alarms are in good working condition at all times. [ ] [ ] [ l 30. Stove pipes are cleaned in September, December, and March. [ ] [ ] [ ] 31. There is an adequate First Aid Kit that is refilled regularly and is readily available to staff, but is stored out of reach of children. [ ] [ ] [ 32. A First Aid Instruction Chart is posted and visible. [ [ [ ] -8- BASIC BUILDING & SAFETY REOUIREMEN73 AND REVIEW: Cont'd YM NO 33. The building and grounds are kept clean and orderly, free from rubbish and hazardous obstacles. [ ] [ ] [ ] 34. There is an evacuation plan which will remove all children and adults from the center promptly and safely in all weather conditions in case of emergency/fire, etc. [ ] [ ] [ ] 35. Furnishings are stable,. sturdy, and free of sharp corners and protrusions. [ ] [ ] [ ] 36.Outdoor area provided: - Fenced, if adjacent to hazards [ ] [ ] [ ] - Well drained, free of hazards [ ] [ ] [ ] - Resilient surfaces or material provided under playground Equipment and in fall zone j Use zones of equipment and walkways do not overlap [ ] [ ] [ ] 37.Outdoor equipment design: - Sturdy and stable [ ] [ ] [ ] - No pinch, crush or sheer points [ ] [ ] [ ] - No sharp edges or points [ ] [ ] [ J - No entrapment hazards [ ] [ ] [ J - Ladders and steps sloped at a safe angle [ ] [ ] [ J - Handrails/grips provided [ ] [ ] [ ] V. TOILET ROOMS 38. Handwashing sinks installed. [ ] [ ] [ ] (If not, describe alternative handwashing equipment:) 39. Self closing (automatic) faucets when installed at handwashing sink(s) provide at least 10 seconds duration of flow of water. 40. Individual hand towel dispensers installed at handwashing sinks. 41. Partitions (if installed) between toilets in toilet rooms at least 12 inches from the floor. 42. Plumbed toilets installed. (If not, described alternative toilet facility:) 43. Is the facility equipped with water and sewer? Is the system operating? Are there bathrooms? mom 1 VI. FOOD SERVICE 44. The facility has an adequate kitchen facility which includes a three compartment sink, stove, refrigerator, and appropriate food storage? 45. If operating a program now, are meals provided? What kind of meals? On -site or off -site? 46. How often are food and supplies ordered and from where: 47. Handwashing sinks for food handlers: provided with soap and towel dispenser. 48. Three sink compartments and sloped drainboards for dishwashing. Sinks adequate in size for complete submersion Drainboards adequate in size to air dry utensils 49. All equipment of easily cleanable design and placed so cleaning behind and under is easily done. 50. Ventilation over cooking equipment. 51. Metal stem thermometers with range from 0° F to 165° F to check food temperatures. 52. Refrigerator thermometers capable of measuring to 45' F and above. 53. Sanitizer and appropriate test strips available and used. 54. Enough protected storage equipment and area for storage of tableware utensils, dry food, refrigerated/frozen food. 55. Storage areas for employees' other clothing and personal belongings. VII. INFANTS AND TODDLERS (IF APPLICABLE) 56. Diaper changing area with handwashing sink provided for infants and toddlers. 57. Training chairs and infant toilet seats provided for children who require them. 58. Facilities for bathing and cleaning infants and toddlers provided. 59. Exclusive suitable area provided for infant and crawling toddlers. 'mill Y MQ X 60. Plumbed utility sink provided for cleaning infant toilet seats. [ ] [ ] [ 61. Safety gates provided to prevent access to stairs. [ ] [ ] [ 62. A diagram of the center, indicating size of rooms, location of windows and exits, showing placement of major equipment and evacuation plan, is attached to this report. See attached. [ ] [ ] [ ] The drawing should be to scale (1 square = 1 foot) and show: * Layout of the facility with each room or activity area labeled. * The type and location of all plumbing fixtures and equipment. EguiRmen include shelving, counters, bookcases, cupboards, heating systems, re ngerator, stove, hood, etc. Plumbing fixtures include any toilets and handwashing, dishwashing and utility sinks. * Describe the finishes of floors, walls, ceilings. * Describe the type and placement of lighting and ventilation fixtures. Information on drinking water/wastewater treatment: Provide a plot plan that shows the location and separation distances of the water source sewage disposal system, and any other sources of contamination, outhouses, fuel storage, etc. Water: Provide information about materials used in construction of distribution lines. If water is from a well provide: o water depth o casing size/depth o depth and type of grout, if any o sanitary well seat o well log o bacteriological water sample If water is from surface water source: o description of source, water treatment, etc. If water is front Bolding tanks/containers: o water source, size of tank, method of hauling water and filling container o water treatment - disinfection, filtration Wastewater Disposal: o Honey bucket disposal: describe on -site storage of wastes, frequency and method of collection, and disposal site. o Sinks or Sinks and Toilets: describe method of disposal, treatment, etc. 9"k-9y ' ■■��■�■■■■■■we■/m■■coon■■a!■■am■/ono■■wwmm■wwweww■aw■mwwwsma��e■ww■■ �■■■■/m■■awe■■w■m■■m■■■■■■■■■■mom■■■•wow■■■■■w■w!w!■maamww■r■■■■■w■ s■■■■■■■■sumo■■/w■■m■■■■■■■■■mm■■■■■■■/■■■■tlmwre■■m■■■eew■w■■■■■■■ ■■■■/■■■■■■■■■/mom■m■e//■■m■■■■/■m■■/■mm■mmmsmmem■■e■■■emw■■■■■■■ ■■■■///■■■/■■■■■■■■■■mcoont■s/mosmu■■■■■■■■■r■■■■!■■■■usmrss■■m■■m■ 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■■■■■m■m■n■■■■■■■■■■■nm■■■■■■■/■■m■■■/emm■■■/■m/■■mm■■■m■■■m■■■e/n■ ■■t•■■■■■■■■■■MINEmr■■■■■■■■■mono wagon ■■■■�■■�■■■■■■■■■m/■■■memo■■■■■■■■■■■■■■■■■tm■eml/■m■m■■me/■■■t■■l■■ ■■ss■■■■■■■■■!■■■■■/■■■■m■■■■■■//■■m■■■m■■■■■■■m■n■■■■m■/■/■■■■■■■/■■ ■■■■■■■■■s■/m■o■ossos■■■■■nm■■■/■■■■■■■•■■■■■■men■!■■■■mswsew's"lw ■■■■■m■■oeson Eno ■■me/■■■s■■smum/e/■m■Im■■■�uuo■■ws■■om■■■■se■10onmass �������r�rw■■e■sums/■oot.o�■s�■■■���■■■■/■ ■■noon/o■■■■m■■■/eons■■/■ Suggested by: Harbor t,ommission CITY OF KENAI ORDINANCE NO. 1551-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING SECTION 13.10.060 OF THE KENAI MUNICIPAL CODE. WHEREAS, individuals camping on private property without adequate sanitary facilities create a public health hazard to the citizens of Kenai; and WHEREAS, it is in the best interest of the City of Kenai to ensure that campers on private property are provided with adequate sanitary facilities; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT KMC 13.10.060 READ AS FOLLOWS: 13.10.060 y Fac:ilitira for Camni-n an Privase E a m: (a) Camping on private property, without the written permission of the owner is prohibited. (b) The person camping shall be in possession of written permission from the owner of said property which shall include the name of the person allowed to camp on the owner's property and shall specifically state the property owner's permission for the camper to use the sanitary facilities of the property owner and state the location of the facilities. (c) Sanitary facilities shall be provided by the property owner who allows camping on their property and shall be adequate for the number of persons camping on the property and shall be located within a reasonable proximity of the camping area. (d) A violation of any provision of 13.10.060 shall be punishable by a fine as provided for violations in KMC 13.05.010. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 1993. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: (6/2/93) June 16, 1993 July 7, 1993 August 7, 1993 Suggested by: City Councii City of Kenai RESOLUTION NO. 93-54 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $4,000 IN THE GENERAL FUND FOR THE CITY'S SHARE OF ALASKA MUNICIPAL LEAGUE CONFERENCE COSTS. WHEREAS, the cities of Kenai and Soldotna, and the Kenai Peninsula Borough, will host the 1993 Alaska Municipal League Conference; and WHEREAS, the City of Kenai has pledged to contribute to the conference the amount that it would have normally spent on travel costs had the conference been located out of the Borough; and WHEREAS, by this resolution, the City Council authorizes payment of $4,000 to the Kenai Peninsula Borough Economic Development District, Inc. as the City's share of conference costs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Legislative - Transportation $4,000 To: Legislative - Miscellaneous $4,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of July, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: c sa (6/28/93) Suggested by: Public W CITY OF KENAI 17 RESOLUTION 93-55 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE ARCHITECT/ENGINEERING SCHEMATIC DESIGN AND DESIGN DEVELOPMENT PHASES ON THE PROJECT ENTITLED KENAI AMMAL SHELTER TO KLUGE AND ASSOCIATES FOR THE NOT -TO -EXCEED AMOUNT OF $23,500.00. WHEREAS, the first two phases of Kluge and Associate's proposal dated July 1, 1993, is approved by the City, and WHEREAS, the cost for their services is as follows: I. Schematic Design Phase .................... $ 9,400 II. Design Development Services ................. 14,100 III. Construction Documents Services ............... 25.300 Total ................................ $48,800 WHEREAS, sufficient funds have been appropriated to award the above first two phases of this project, and WHEREAS, it is understood that the third (III) phase of construction documents services, in the amount of $25,300, which was included in the Architects proposal, is not to be started until the funds are appropriated and they are given written approval by the City, and WHEREAS, the recommendation of the Public Works Department is to award the contract to Kluge and Associates, and WHEREAS, the Council of the City of Kenai has determined that award to this firm would be in the best interest of the City, and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the Architect/Engineering Schematic Design and Design Development Phases of the project entitled Kenai Animal Shelter be awarded to Kluge and Associates for the not -to -exceed amount of $23,500. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 7th day of July, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Written by Public Works: /kv/7/ l/93 1791-1891 CITY OF KENAI "Oil G'apdW 4 44w" 210 FIQALAO KENAI, ALASKA 90i11 TELEPHONE M - 7M FAX 907-283-3014 TO: Mayor Williams and Council Members FROM: Keith Kornelis, Public Works Director( DATE: July 1, 1993 SUBJECT: Schematic Design & Design Development New Kenai Animal ShelWr Attached is Resolution 93-55 which awards the first two phases of the new Kenai Animal Shelter Project. Also attached is Bill Kluge's proposal dated July 1, 1993. The City has some one sheet sketches of floor plan suggestions that might help in our thought process of what is needed. At this point we feel that the shelter needs to be enlarged by about twice what it is now. Due to the uncertainty of funds, we are having the architect design the building so that it can be reduced, should we not receive enough money from the legislature to complete the entire building as designed. We will have a much better idea of what is needed and its cost after the design development services phase. These first two phases do not include design ready plans. That is what is accomplished in the third phase, construction document services. KK/kv KLUGE & ASSOCIATES ARCHITECTS PLANNERS 30 Trading Bay, Buits 330 la®3® -3!11< snai Alaska 99811 July 1, 1993 rl Keith Komelis, Public Works Director JUN 1993 City of Kenai R pofvw Kenai, AK 99611 200 RQ of dot Re: ANIMAL CONTROL SHELTER ARCHITECTURAL SERVICES Dear Mr. Kornelis: As requested, we have developed a professional fee for providing Architectural services on the referenced project. It is our understanding that the scope of work is as follows: • Meet with City Administration personnel to discuss program of proposed facility and develop diagrammatic sketches. • Develop a Schematic Design for the facility based on results of our initial meeting. • Prepare presentation Schematic Drawings consisting of site plan, floor plan, exterior elevations and building sections. • Prepare an in-house schematic estimate based on schematic drawings and our local construction experience. • Present Schematic Design package to the City Council, noting critique comments. • Incorporate schematic comments into Design Development Phase of service. • Prepare Design Development documents to include drawings that set forth in detail Architectural, Structural, Mechanical and Electrical systems. In addition, a set of outline specifications will be prepared. • Prepare a three dimensional rendering of the proposed building's exterior. • Prepare a Design Development level professional estimate. • Present the Design Development package to the City Council, noting critique comments. • Upon notice to proceed with project, continue with preparing Contract Documents for competitive bidding. We are anticipating and have included in our services, designing this facility to accommodate the needs outlined by the City/Shelter Administration. Allowances shall be made in the design to permit phased construction and future kennel space. Our Schematic and Design Development design work shall provide for 4,500 to 5,000 square foot of building with the flexibility to phase construction of 2,500-3,000 square feet initially. July 1, 1993 Animal Control Shelter Proposal Page 2 of 2 Our fee for the proposed facility is broken down by phases to allow for determination of construction funds available prior to preparing bid documents. We propose to provide services as follows: Schematic Design Phase $9,400 Design Development Services 14,100 Contract Documents Services 25.300 Total Fee $48,800 The above fee includes all reimbursables with the exception of printing presentation/review drawings. We have excluded Bidding Phase and Contract Administration services. These services may be negotiated at a later date. If you have questions or need more information please feel free to call. Sincerely, KLUGE & ASSOCIATES k-14- Bill Kluge, Principal Architect BK:tw 7 D,z KENAI AIRBGRT COMMISSION JIM* 10, 1993 city Hall Council Chambers Chairman Hill Toppa *****AGENDA***** • 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD May 6, 1993 5. OLD BUSINESS a. Roadway Vote - (Tabled from May 6th) b. Kenai Airport Alliance 6. NEW BUSINESS a. Curbside Parking b. Short Term Parking Policy C. Car Rental Lease Rates d. Rental Space Partitions 7. AIRPORT MANAGER'S REPORT 8. COMMISSION COMMENTS AND QUESTIONS a. User Fee b. Awarding Taxiway C. Floatplane Advertising Schedule for June d. City Council Agenda - June 2, 1993 e. Space Bid f. Landing Fees -N 10. ADJOURNMENT XNAPPROM KEMAI AIRPORT COMMISSION city Hall Comail Chambers Chairuan Bill Toppa JM4 10, 1993 *****MIMUTBB***** 1. ROLL CALL Members present: Bonnie Koerber; Diane Smith; Bob Thibodeau; Ron Holloway; Bill Toppa; Teresa Werner Absent: Bob Scott (excused) Also present: Randy Ernst, Airport Manager; Loretta Harvey, Administrative Assistant 2. APPROVAL OF AGENDA There were two additions under information: One time premium bid for Spaces 28/29 and 30/31 Kenai Municipal Airport Terminal. Landing Fees Approved as amended. 3. PERSONS PRESENT SCHEDULED TO BE HEARD None. 4. APPROVAL OF MINUTES May 6, 1993 - Approved as presented a. Roadway Vote - (Tabled from May 6th) Toppa explained that the Vote had been tabled from May 6th so the Commission could get more information on this item and tour the Airport. ***VERBATIM*** Holloway I noticed this evening that there is one of the big fish haulers down there has his nose wheel on the yellow line. And if he moved back to be legal with his nose his tail would be over the other line. So there is no way he is going to fit in there. Any of the other big planes that way are not going to fit. And it seems to me . . . KENAI AIRPORT COMMISSION JUNE 10, 1993 - MEETING Page 2 Toppa - Which one is that? That DC-4 down there? Holloway - Yea. I just happened to come back from down there and I looked at him and he was well over. There is no way he was going to fit into that space. And I know the other fish haulers are every bit as big as he is, so we're going to have a problem with that right off the bat. And I really can't see., after observing some of the traffic through there, that the majority of the people down there don't use that road. So, why have it? Ernst - I'd like to speak to that if I could. Toppa - Go ahead, Randy. Ernst - That fish haul ramp, during, when the fish haul starts becomes an uncontrolled ramp. So basically they can go over the line and they can come and go without being controlled. Toppa - So they have a waiver. Is that a written policy? Ernst - It's a waiver. I just close the ramp to control traffic. And they pretty much have the run of the area during the fish hauls. They do use the road. I guess I don't need to speak to it anymore. I've spoke to it so much. I've got the letter in there from our insurance company and four of the users. I could get you another eight if you'd like, but it seems like a moot point at this time. Toppa Well, hum, would someone like to bring a motion? Thibodeau I'd just like to ask Randy a couple of things on this, for one in this Weaver Brother's letter I was just wondering if they're talking about using the north ramp? Is that the North ramp, and do they use the gate, isn't there a gate kinda right next to the tower that leads into the north ramp? In the letter here it states that they use the ramp just to the north of the terminal. Are they using that road to travel on down to the tower? Ernst In the summertime that gate is pretty much used by the fish haulers. But it can be used by anybody. But basically the fish haulers use that gate by the tower. In the wintertime we don't ordinarily keep that road open so they come through the north gate. And the majority of the activity is in the wintertime. Thibodeau But in the summertime the gate is pretty much open. I didn't understand what they were saying exactly. If the one out by the tower is open than they could use that to access that after �^ hours. I didn't know if maybe you locked it or something when you 1 left at night or why they were going through that. KENAI AIRPORT COMMISSION DUNE 10, 1993 - MEETING Page 3 Ernst None of our gates are locked, to the main access roads to the airport. Thibods&U Okay, so that one up by the tower is open at night. They could just as well use the one north of the terminal and then traverse up the access road? Ernst - That's true. Thibodeau - Okay. I just wanted to know that. Holloway - I've got another question here, if I could on ERAs use of the road. We have a letter here from ERA that states that they use the runway. What is the primary use there? Diane Smith - We use it, well all day long actually. Hmm, we haul things from the freight facility also back up to the airport and take the vehicles back and forth all day long. And they just stay within that area. You know, that's the area they stay within. Thibodeau - Those buildings are kind of right next to each other there, the terminal and yours you're not, do you use it pretty much between your cargo facility and the terminal? Smith - Yea, most of the time. Thibodeau - Because the problem seems to be in the area, you know, kinda north of there. But that's a pretty small area, actually, between the . . . Smith - And we also access Fed Ex. Thibodeau - Just looking at that Fed Ex says they access it the other way it seems that maybe we're getting alot of traffic on that, that maybe should be, if it's vehicular traffic should be on the road rather than on the airport ramp where the aircraft are. From a safety concern maybe we should look at it that way. Ernst - They have every right to be on the ramp as much as DHL or anybody else and that's why the roadway is there so they can traverse from there to the terminal. And for people like ERA to get to Fed Ex and also, it just seems . . . Thibodeau - Does South Central Cargo have a road coming from the area? They have to go on the main road to come around, right? Ernst - That is correct. There is not a ramp in front of the area. There's just the taxiway. KENAI AIRPORT COMMISSION JUNE 10, 1993 - MEETING Page 4 Thibodeau - Taxiway there, but they are able to . . . Toppa - That part of the taxiway is controlled. Ernst - That is correct. Anyone from Kenai Air south can't get to the terminal without getting clearance to come to the terminal. Koerber - After that trip the other night, excuse me, last month when we were out there, Randy mentioned that it was a guideline, I think we all need guidelines whether were five or fifty. But the map is a guideline and you have an option. But it seems very contradictory to me because like Teresa said in the van, she said if someone is on the road, what do you do? And Randy said well you just go around the planes, so it's very contradictory. I think the only thing that is an issue is the insurance issue. But it seems that the insurance issue would be either day and night, or summer and winter. If you can't see it in the winter I don't see the problem. Ernst - Just as a point of interest the only plane that blocks it is the fueling operation in front of Kenai Airport Fuel Services. And other than that we keep that road clear, or try to. That's the whole point, so there is a clear roadway there. Toppa - Is everyone's questions answered on that? We'd like to, we had a motion before, but not this last meeting. So I think we need to have a new motion with a recommendation with the road to remain or if it should be taken out, so I'll leave it up to you to give us a motion we can vote on. ***END VERBATIM*** MOTION: Thibodeau MOVED to recom and to Council to eliminate the service area road. Holloway SECONDED. YES YES YES NO YES ABSTAIN ABSENT TOPPA THIBODEAU KOERBER SMITH HOLLOWAY WIRNER- QUAD$ SCOTT PASSED BY MAJORITY VOTE. ONE ABSTENTION. KENAI AIRPORT COMMISSION JUNE 10, 1993 - MEETING Page 5 b. Kenai Airport Alliance Toppa explained that there was no action to be taken on this. Werner-Quade - Asked if the concerns of the Alliance had been brought forth to the Airport Manager as mentioned at the last meeting? Ernst - Reported that neither item had been brought through his office. Werner-Quade - expressed concerns that there is a certain protocol to be followed on these issues which is not being adhered to. 6. NEW BUSINESS a. Curbside Parking Toppa - introduced this item and asked Ernst if he wanted the Commission to rule on it. Ernst said he would take objection that the two items listed at the last meeting weren't brought through the Airport Manager's office. He has addressed that the car rental agencies can not bring there cars to the front of the terminal. Werner-Quade - Said she thought perhaps agencies could park by the side door to the restaurant. Tom Thibodeau - Felt if the City could find space for them closer to the terminal to help reduce insurance rates for the companies they should try to make space available. Ernst - There is a dumpster in that area but he would be glad to set up five spaces on the other side of the gate that goes in by the generator building. Dan Van See said he saw no advantage to this in the summer months. In the winter time the maintenance is not always very effective. The people have to step over berms to get into the lot, etc. The City requires the agency have liability insurance and name them as additional insured. At the same time they are putting obstacles in the way of them getting to the car. In the early morning hours when it's cold and slick and icy I would bring the cars to the front of the terminal to load. My lease states I have every right to use the spaces up front. He understands the city 's concerns but Markair and taxis can service there customers in front. He felt it was a good policy to get the customers close to the back door to allow safer customer access. KENAI AIRPORT COMMISSION JUNE 10, 1993 - MEETING Page 6 Ernst - Said that first of all the customer can come up to the terminal to load their luggage. The car rental agencies could keep the berms down. The city does plow that area, when they have time and sand it when needed. The Council has said on several occasions that this is not an option for the car rental agencies to park in front of the terminal. Holloway - said he felt that the goal is to make the airport user friendly. He has seen people struggling with luggage and fall and this should be remedied if possible. Ernst - asked the Commission to designate the area where the parking should be if they were making a motion. And you need to stipulate who parks where. Koerber asked if each spot should be designated for each company. She felt it should be first come first serve. Thibodeau - just so each agency realized they can only have one car there at a time. Ernst - Said there was not room for five spaces and he wondered if the restaurant owner should be bumped from his spot. Van See - Said he felt that if the loading area remained open the restaurant owner could unload supplies and than park in the lot with the other airport business people. Werner-Quade - Asked if anyone has asked the restaurant owner, Mitch Dobrich, regarding this? Van See - Said no. Koerber - felt Dobrich should be asked about this before a decision was made. Toppa - asked that the item be tabled until the next meeting to get input from Dobrich and suggested that Commission members review the proposed parking area before that meeting. Ernst - said he would send a letter to Mitch Dobrich and ask him to attend the next meeting. b. Short Term Parking Policy Van See said the Alliance was concerned about the towing policy in the Short Term Parking Lot. Currently the policy states that cars in that lot between 3:30 to 5:00 a.m. are towed. He felt that the policy does not benefit the City except pushing the people into the long-term parking area. There are some valid reasons that people KENAI AIRPORT COMMISSION DUNE 10, 1993 - MEETING Page 7 leave their cars parked overnight. The money all goes to the towing company and the public is angry about this policy and it's not worth the poor image for the city. Toppa asked what he would recommend. Van See said the policy should be left in effect. The first 24 hours put a ticket on the car, charge twice as much as the long- term parking area. Even the rental companies get impounded if a renter leaves the car in this area without notifying the company. Ernst - Said there are only two reasons cars will not be impounded. If weather has shut down the airports or if the volcano erupts. Holloway - reported that he has had friends stuck because of weather conditions and they called the airport and got no cooperation. Ernst - Said the only cooperation he can give people is to tell them the regulations. Toppa - Said he thought it sounded like the policy may be a bit harsh. Thibodeau - Said that the town was changing from an oil based to a tourism based economy. The airport should be user friendly. He felt that some type of lesser fine should be initiated. Ernst said this had all been discussed previously. If there are citations issued, it could be taken to court. How do you collect the fines? And than there is the man -power needed to give out citations. This was not done to punish people. Toppa suggested that the Commission review the written parking policy. The pay parking is working but it may need to be improved. He felt that this should be carried forward so the Commission can get more information. Ernst - That's why these issues should come before the Airport Manager so he can get information into the packet. Werner-Quade again expressed concern that these items are not going through the Airport Manager. This is not proper protocol. She feels as a Commissioner she needs all the available information to make a good decision. KENAI AIRPORT COMMISSION JUNE 10, 1993 - MEETING Page 8 Ernst said if the Commission wanted to make a suggestion to Council they could. But since the items did not go through him he did not feel he had to address these issues. Ernst said anytime he gets any requests in writing he answers them. C. Car Rental Lease Rates Werner-Quade again expressed concerns that this issue has not gone through the proper channels. Ernst said he would get more figures for the Commission to compare with the Alliance's figures on lease rates. d. Rental Space Partitions Van See reported that the way the booths are set up for the Car Rental Agencies is inconvenient. They are two small for privacy which makes it difficult to carry on business. He asked that the City start putting glass partitions between the car rental booths. He had talked to some glass companies and estimated the cost would be about $100 per partition. He said he had told Ernst that he was willing to pay the cost of the partition. But when he realized the City had paid $1300 to move the door on the gift shop, he thought the City would invest approximately $500 for the Car Rental Agencies. Toppa said he felt that was a reasonable request many of the agencies had been there for many years and had produced tax revenues for the City. MOTION AND VOTE: Holloway MOVED to make a reoomendation the City install glass partitions. Thibodeau SECONDED. YES YES YES YES YES YES ABSENT TOPPA THIBODEAU KOERBER SMITH HOLLOWAY WERNER- QUADE SCOTT PASSED BY MAJORITY VOTE. 7. AIRPORT MANAGER'S REPORT None. KENAI AIRPORT COMMISSION, JUNE 10, 1993 - MEETING Page 9 • 41; 0 **-p 1w , • M1Y zip O • • Toppa said that he thought in the future the public comment part of the meeting should be held to a time limit per person wishing to address the Commission. Holloway mentioned the tour the Commission had taken of the airport after the last meeting. He said the airport looked very good. He thought it would be a good idea to create a picnic area by the floatplane basin. And he wondered if the picnic area could also be accessed by wheeled airplanes. Ernst said that could be something to look into. Toppa said he would also like to consider camping in that area. He asked that this item be carried to the next agenda. Holloway - Said he would like the Commission to consider other advertising options for the floatplane basin. Radio would be an inexpensive way to advertise along with the newspaper ads. a. User Fee b. Awarding Taxiway C. Floatplane Advertising Schedule for June d. City Council Agenda - June 2, 1993 e. Space Bid f. Landing Fees There being no further business the meeting was adjourned at approximately 8:50 p.m. Respectfully submitted, Loretta Harvey Administrative Assistant KENAI AIRPORT COMMISSION JUNE 10, 1993 - MEETING Page 10 AIRPORT TO DO LIST June 10, 1993 Write Letter to Mitch Dobrich regarding parking by restaurant door. Investigate putting glass partitions on rental car booths. Make recommendation to Council to remove Service Road. Get lease rate figures for Rental Agencies. Next Agenda: Campground or picnic area at Floatplane Basin Broadening future Floatplane Basin Advertising Send current list of Commissioners with packet D-5 DATE: JUNE 30, 1993 TO MAYOR JOHN WILLIAMB KENAI CITY COUNCIL FROM: PARKS AND RECREATION COMKISSION RE: JULY MEETING The Parks and Rec meeting scheduled for July 13th has been cancelled. The next regularly scheduled meeting will be August loth . KENAI PLANNING i BONING COMMISSION i June 23, 1493 - 7:00 P.M. City Hall Council Chambers AGENDA Amended* 1. ROLL CALL a. Res PZ 93-23: Conditional Use Permit - 8-plexes in RS Zone b. Res PZ 93-24: Variance Permit - Minimum lot size for 6-plex 6. PLANNING a. Res PZ 93-25: Preliminary Plat - Evergreen S/D b. Res PZ 93-26: Replat - Thompson Park Lot la, Block 16 C. Res PZ 93-27: Rhodes S/D 7. NEW BUSINESS a. Petition to Vacate - Baily *b. Development Review in Townsite Historic Zone - Forget -Me -Not Senior Daycare Center *c. Development Review in Townsite Historic Zone - Ladd 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) a. Quandt Property b. Kenai One Hour Photo - Sign C. Rainbow Bar - Sign d. Don Baker - 1010 Alaska Avenue 10. REPORTS a. City Council b. Borough Planning C. City Administration f"'`, 13. COMMISSION COMMENTS & QUESTIONS on-1 I I-4-LIY_=1_ KENAI PLANNING do ZONING COA( IISSION June 23, 1993 - 7:00 P.M. City Hall Council Chambers Chairman Phil Bryson 1. ROLL CALL Members present: Phil Bryson, Duane Bannock, Ron Goecke, Lori McComsey, Kevin Walker Members absent: Carl Glick, (One Vacancy) Also present: Jack La Shot, City Engineer Loretta Harvey, Administrative Assistant Additions to the agenda were as follows: 7. b. - Development in TSH Zone - Forget-me-not Senior Daycare 7. c. - Development in TSH Zone - Clarence Ladd MOTION AND VOTE: Goecke MOVED approval of agenda as amended and asked for unanimous consent. Bannock SECONDED. PASSED BY UNANIMOUS CONSENT. There was one change to minutes as follows: Page 15. under La Shot's statement should be 12,500 s.f. not 500 s.f. MOTION AND VOTE: Walker MOVED approval of minutes as amended and asked unanimous consent. Bannock SECONDED. PASSED BY UNANIMOUS CONSENT. CHAIRMAN BRYSON introduced item and asked for a staff report. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Minutes Page 2 LA SHOT - reported this project will be in Ahlstrom Subdivision. The applicant will combine 3 existing lots in three locations to put 2 eight-plexes on each site. If the Conditional Use Permit is approved they would combine three lots to make two lots. They will move the buildings from Wildwood, renovate them and make them rental properties. There has been some concern over lots that were supposedly designated Parks. They were vacated for park use. ***PUBLIC MARING - VERBATIM*** MARY KECK - I live at 1201 Lilac in Bush Lane subdivision. And I have some concerns regarding eight-plexes going in. I read the information, I got a copy of the information, and I read it as being 3 eight-plexes and he just said it was 6 eight-plexes. Maybe I misunderstood the way it was worded. But that would make 48 units instead of 36. What I read was three eight- plexes and two six-plex units what the other variance permit is for. Hmm, that would make 48 units. My question is, will the Iliamna Road and the Gerdine Way which shows on the map be put in prior to the buildings being moved in? Because Cook Inlet View Drive is not a sufficiently heavy enough street to handle real heavy load traffic. Do they plan to have the main access to these new buildings off of the Kenai Spur Highway by Iliamna, or will it be through Cook Inlet View Drive? And also, where will the water mains and the sewer lines for these units be connected? Ahh, are they going to come from the Kenai Spur Highway down Iliamna Road or were they going to come over to Cook Inlet View Drive? Our water pressure, at times, is very low into Bush Lane Subdivision already. I don't think the water lines are sufficient and I would certainly hate to see our streets torn up again for that to be done. We've had them torn up several times. Another question is, if they put in these units are they going to have sufficient off -road parking for two cars per unit, since most families now have two cars? Will the area be clear cut, or will some trees be left? And is there going to be a designated playing area? With that many more families moving in, most of them will probably have children and our streets now are very heavily traveled and we have alot of children playing on the street, riding their bikes in the intersection at Cook Inlet View Drive and Lilac Place, or Lane as some people call it, is extremely dangerous at this time. In fact, I have had to go out and remind kids to not throw their bikes in the intersection and not to lie down in the street and play there. Because cars ignore, alot of cars ignore, the speed limit signs and they come down and whip around that, we know, we've had our fence taken out and we've had cars run up into our yards. Those are the main things that I'm concerned about. I know that progress is going to go on and people are going to build and if they have land they want to do something with it. But I would certainly like to see some very careful planning done and some very careful planning brought ("� into this as well as environmental. Thank you very much. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Minutes Page 3 BRYSON - Thank you. Jack are you able to address any of those at this time? LA SHOT - Unless we had a requirement from Planning and Zoning Staff would probably have them improvd Riamna Road from Cook Inlet View Drive to the Spur Highway and a short piece of Gerdine Way, as far as roads. The sewer would most IiWy come from Cook Inlet View Drive, in fact it would just about have to. It would come down as far as it needed to, to serve the buildings. The water would come from Cook Inlet View Drive down Iliamna and loop to a stub we have on the Spur Highway. I wanted to have a loop there. Actually it may improve the water pressure out there. As far as the off-street parking they'll have to meet that (requirement) when they apply for a building permit. Play or park area, that's something that probably P&Z should address. Did I miss anything there? BRYSON - Yes, Ms. Keck? KECK - Question - I didn't understand, when you say the water and the sewer will come down Cook Inlet View Drive, you don't mean that you're going to hook on there at ... Right now those buildings that are facing Cook Inlet View Drive on the Ahlstrom side get there water from across us, down Lilac. LA SHOT - There's water mains stubbed past the paved area there on Iliamna. The developer would tie into those so we would not have to tear into Cook Inlet View Drive. KECK - Yea, but the water line would still be coming, the one that's coming down Lilac Lane? That's were it comes from. LA SHOT - We would make a loop from that water line back to the Spur Highway to another water line. BRYSON - They would continue the routing through he undeveloped area with the water. Other questions from the Commission? Other persons who would like to speak? Mr. Keck? EDWARD CALL - My name is Edward Call, the question has been in our subdivision, has been quit a few years ago, was is that five inch line that we had big enough for our subdivision, when we gave our system to the city? And now all of a sudden that seems to be big enough, now its going to be continued on. I'm for progress but I have some questions on these recreational facilities for that amount of people. Like the letter come to us it said three eight-plexes which is a total of 24. And now it's 6 eight-plexes total of 48. Now these playground areas that the gentleman stated have been depleted. We had the same thing happen in our subdivision. We had it dedicated playground area, people with a big purse, and what have you had it re -surveyed and eliminated and they have a six-plex on there now. And, ah, some of these dedicated lots -' were from old man Ahlstrom, I guess he's still in Florida, he was for progress, but he was for families too, kids. And he did alot of dedication for play areas. And it behooves me that people �^ KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Minutes Page 4 with big money, or big ideas otherwise, come in and change the whole thing. Yes, they had a hearing on taking our kids playground now that we're wall-to-wall kids on that road out there. And I don't think that they should allow anymore construction out there until we get some public use park for the children because it's dangerous out there. Another question I have, this outfall from the gathering line, what have you, that was repaired maybe eight years ago, the concrete head gate down there or what have you, all new pipe put in. First year it started deteriorating. The head gate is probably 150 to 200 foot from where the outfall of the pipe is and it's just continued running right up there and it's my understanding that that's the area where these;eight plexes, these eight-plexes are going to face toward that area. But my biggest concern, really is the play area for that amount of children. Forty-eight more units in that area would what, triple what the whole subdivision is right now? And we already have problems with kids playing in the street and (inaudible) automobiles. I think this should be looked into, and a place designated and built before these units are ever opened up. Because it is dangerous out there and like I say the water system that we had, that we gave to the city years ago, is five inches. It was rebuilt and put fire hydrants in, but than the big, I think this gentleman was part of the engineering on it (referring to La Shot) was a big contention was it big enough for a subdivision? Well, we fought like the devil to get it and we did get our water (� in there. But now all of a sudden that system is big enough for a whole bunch more. BRYSON - Thank you. Is there anyone with questions for Mr. Call? Anyone else who would like to speak on this item? Yes, please. AL MOONEY, I'm a foreigner I live all the way over in Soldotna. I have a couple of lots here, lot 16 and lot 9, which would appear to be surrounded by this project. Lot 9 would be surrounded on three sides ... BRYSON - Could you give your name? MOONEY - Oh, yea Al Mooney, sorry about that; 35935 Forerunner, way over in Soldotna. Ahh, I bought these lots just to kinda hang on to them for awhile, since my money was not doing any good in the bank. Is this going to run my taxes up considerably when all these improvements go in? And are the eight-plexes going to depreciate my property? How much, what difference are they going to look across the Spur Road from how they look where they are now, are they still going to be military barracks or what? That's about all. Thank you. BRYSON - Are there any questions? Other persons who would like to speak? Seeing and hearing none we will brine it back to the Commission. Wishes of the Commission? PUBLIC HEARING OVER 7:25 P.M. END VERBATIM KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Minutes Page 5 MOTION: BANNOCK MOVED APPROVAL OF A CONDITIONAL USE PERMIT FOR RESOLUTION PZ 93-23 LOT 6-8 AND LOTS 10-12 BLOCK 14 AND LOTS 4-6 BLOCK 15 CARL F. AE STROM SUBDIVISION. WAIXt SECONDED. DISCUSSION BRYSON - asked La Shot if he felt the system was adequate for this development? LA SHOT - said he actually felt the water system would be improved if the loop was completed back to the Spur Highway. BRYSON - Would the road system need to be paved? LA SHOT - said that the city would probably not require that street be paved, but it might be best to have it paved since it will connect into a paved road. P & Z could also make a suggestion to complete Iliamna to the Spur Highway to help alleviate traffic on Cook Inlet Drive. Walker agreed with La Shot but did not feel that Gerdine Way would need to be paved. „1:1►l1 V I :0A I V z I Olk b '0 IV A LIA 1: 14:3 41) 114:1 (fill L'1XM I I 1�: I I 1� :`: 1 1.1 .I W. " MOTION PASSED UNANIMOUSLY. BANNOCK MOVED APPROVAL OF A CONDrMNAL USE PERMIT FOR RESOLUTION PZ 93-23 LOT 6-8 AND LOTS 10.12 BLOCK 14 AND LOTS 4-6 BLOCK 15 CARL F. AHLSTROM SUBDIVISION. WALK13R SECONDED. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Minutes Page 6 rot ======W MOTION PASSED UNANIMOUSLY. LA SHOT - reported that according to the Development Requirement Table the minimum lot size for six-plexes in the RS zone is 12,000 sf. Lots 9 & 10 are 11,250 sf which is 750 sf below the minimum. BRYSON - opened the meeting to public hearing by asking if anyone in the audience wished to address this Variance permit. PUBLIC BEARING - VERBATIM EDWARD CALL - Could we have the City Engineer get up here and show us on this board these areas which have been depleted that were designated play yards? Because I imagine the general public decides itself, I know of one that was already thrown out, years ago. BRYSON - Asked if Call would make his presentation so the Commission could ask questions. CALL - Edward Call, 1202 Lilac. I'm asking, I guess the Engineer to come up here and get on this board lay out where we can see where these lots were designated as play areas at one time. Now they've been depleted or thrown out or what have you. And they've thrown all the kids out on the street for a play area. I know one of them and, according to him, there are others and I think the public should know just what is going on. BRYSON - Well I suspect unless he's been asked the question in the last few days that he couldn't be able to come up with an answer to the question. I believe there was .. . LA SHOT - I believe they were lots 15 and 16. CALL - I have no idea where they are at, sir. Is this a new survey? LA SHOT - No this is not a new survey. This was put together by the surveyor of the existing plat just to show where the lots are. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Minutes Page 7 CALL - From the original surveys of Ahlstrom subdivision there has been one play area that was dedicated and it was eliminated by the City of Soldaina, or Kenai, excuse me. And it's my understanding, there gust have been more the way he's talking. T There were other play areas dedicated, or designated, or whatever your terminology is. But I think you people are not doing justice to our subdivision thereby not letting us know. I checked the City Hall the other day and they said this was the latest survey 1991. Well, as far as the general public's concerned last one I remember was probably about 1980 somewhere out there. If I remember right, like I say, there's something going wrong here. The letter that I got said three eight-plexes now. you push it through here, six-plexes. I think there's some scumgaldrin going on. Now mark my word. BRYSON - Jack, are you able to further address the question? LA SHOT - Well we have here minutes from back in 1977. There were evidently two lots, one in block 15 one in block 16 that designated for park, or had some park designation. Those were vacated back in '77, they went to the Borough Planning Commission, June 6th, 1977. BRYSON - In some cases, I can't speak to the item because I'm not looking at the original plat. The plat itself was kind of a general plan and was accepted by the platting authorities and some of the areas that were proposed may not have had a specific designation for public use and sometimes that clouds the title. In the past at times the municipality has felt it didn't specifically dedicate it for public use. That's kind of the rationale that's been used on at least one of the recreation areas on the Ahlstrom Plat. But I don't think, in the distant past as far as (inaudible). CALL - Well I think we ought to put a four-way stop light up there or some dang thing if this goes through, this subdivision. Forty-eight more units we will need some traffic control. BRYSON - Other persons who would like to speak on this item? Hearing and seeing none I would like to bring this item back to the Commission for action. Duane? PUBLIC HEARING ENDED 7:35 - END VERBATIM MOTION BANNOCK MOVED APPROVAL OF RESOLUTION PZ 93-24. GOECKE SECONDED. ***DISCUSSION*** BANNOCK - asked if the example of what would be sitting on the 11,250 sf lot would meet the requirements for setbacks, etc? LA SHOT - said they would not know for sure until a plot plan was submitted, but it would appear to meet the requirements. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Minutes Page S BRYSON - asked about the parking for the proposed activity. LA SHOT - said until the city receives a plot plan and building plan they can't look at these issues in detail. GOECKE - asked if it would be in the scope of P&Z to suggest that the developer provide a play area for the development? BRYSON - said he didn't know if it would be legal but it would be good planning. He wasn't sure the Commission had authority for that. Called for question. VOTE: Bannock: : > G1Ick C�oocaoc WalkMt :. McC,dnnGy Vacant YES YES ABSENT YES YES YES VACAN T MOTION PASSED UNANIMOUSLY. BRYSON - explained the appeal process to the audience. MARY KECK - requested a copy of the minutes when they are ready. LA SHOT - reported that this plat was related to a rezone which was passed so the City could develop RS-1 lots along Evergreen. These lots will be sold to help with revenues required for the paving of Evergreen, Haller, etc. MOTION AND VOTE: WALKER MOVED APPROVAL OF RESOLUTION PZ 93-25: PRBLE IINARY PLAT - EVERGREEN SUBDIVISION, KIM ADDITION. GOECKE SECONDED. 7 KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Minutes Page 9 . - MOTION PASSE) UNANIMOUSLY. LA SHOT - reported that this plat removes the a lot line separating the two lots and a 20' utility easement to make a combined lot. The City has no problem with this and the Utility companies will have a chance to comment on this also. olflffWE$IiAl GOECKE MOVED APPROVAL OF RESOLUTION PZ 93-26. WALKER SECONDED. � i N ►� i� I MOTION PASSED UNANIMOUSLY. LA SHOT - reported that this was a 2 1/2 acre parcel in the new project off 3rd and North Gill Street. The owners wish to make three residential lots from this parcel. Water and sewer is available and the minimum lot size in this zone is 7200 s. f. so there is adequate area available for this zone. MOTION AND VOTE: WALKER MOVED APPROVAL OF RESOLUTION PZ 93-27. G SECONDED. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Minutes Page 10 `I'.I Iy1 LASHOT - reported that this item is the other half of a vacation that has been before the Commission before, as a vacation of a utility easement for Padgett in Lot 13, Caro Subdivision. The Commission approved that vacation but Council overturned the P&Z decision, because of objections from State and Federal agencies regarding access to the creek. These problems have been worked out, the owners have agreed to give some type of public access to the creek. MOTION: s , t , +� ` ,4 : ***DISCUSSION*** WALKER - Said he didn't anticipate changing his mind on this item. He knew that the people had worked out the problems with the concerned agencies but I can't see the applicant removing 1 a right-of-way and than providing access. Once you remove that section line easement and that section line requirement these people are going to be able to close the access. That was the reason the Federal Government set up these section lines so there would always be access to these properties. He felt that in future years if adjacent areas are developed there won't be access to these properties. He was against removing this section line easement and urged the Commission to vote against it. VOTE: Glick Ovocbe: Walloer MCCoM3ey Vacant YES YES ABSENT NO NO NO VACAN T MOTION FAILED DUE TO LACK OF MAJORITY VOTE. LA SHOT - reported that the next two items were received by the Planning Department too late to be included in the packet. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Minutes Page 11 La Shot referred to the letter from Kluge and Associates which explained that the Daycare Center is in the process of acquiring the Bailey Building in Oldtown. There will be renovation inside and out and according to the code anything requiring a building permit must be approved by P&Z. BRYSON - suggested that the Commission take five minute recess and review the large set of plans which Kluge had submitted. ***MEETING RECESSED FROM 7:55 TO 8:00 P.M.*** MOTION AND VOTE: 4V • a® ''' • •1: 1 a •' 1: 1 l• -: •• •• 1 • • :1 L kd:It I • wr• :� CLARENCE LADD - explained that he was wanting to restore the utility room on the log cabin on Main Street and Riverview Drive. The entrance will be replaced, a door added, and the corner cleaned up. He said he may live in the cabin eventually. WALKER asked what the addition would be built out of? LADD - Said it would built of regular lumber, 2x6's for the floor, studs, and rafters. He had not pursued this project previously because there was an old building next to this cabin which was a fire hazard. The building has been removed so now he wants to renovate the cabin. MOTION AND VOTE: GOECKE MOVED APPROVAL OF DEVELOPNEW IN TSH ZONE FOR CLARENCE LADD. BANNOCK SECONDED. PASSED UNANIMOUSLY. �•->, KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Minutes Page 12 Doug Hanke is in the process of removing these vehicles. A car crusher should arrive on site around the first of July. The City feels the lessee is malting an attempt to come into compliance. A letter has been sent to this business to remove a car sign from the premises. This sign has no permit and does not meet the code. The owner has been asked to come into compliance. Baker has been notified by Richard Beck, Building Official that his building permit may have expired and to contact the City. Baker has responded and should be coming in to talk to the Beck soon. There is also an unauthorized sign for Coyle's Landing on the Bridge Access Road. Staff will send another notice certified and regular mail since the owner has not responded to original certified letter. The sign appears to be in the ROW and the city can remove that sign within 10 days of receipt of the notice. The Council will reschedule a work session for the Townsite Historic Zone review which had been scheduled for tonight but was canceled. BANNOCK had some questions about item 9. Starting with the One -Hour Photo, he had read La Shot and City Attorney Grave's letter. The last paragraph of Grave's letter reads: "Although the code is somewhat ambiguous on this point, assuming the information I have on the vehicle's use is accurate, the FOTO-QUICK car appears to be functioning as a portable advertising sign" using the city's definitions. If the photo people came to you and paid the sign permit fee would you issue them a sign permit? LA SHOT - No. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Minutes Page 13 BANNOCK - Based on what? LA SHOT - It does not meet the requirement of a portable sign that is not a flashing electric, which is apparently all the code allows. BANNOCK but a portable sign according to the code "is a sign other than a temporary sign that is not attached to any building or structure. It may readily be moved from one location to another." That's not even close to that situation. So even though the title "portable sign" may be close to what that situation is, by definition that situation is not even close to a "portable sign". If we're going to use our own definitions. I think it's ironic when the City Council can say that our sign code is fine, yet our own City Attorney says it's somewhat ambiguous, so we just interpret it to whatever the situation needs to be. Now I don't like the sign but I've never advocated the position that my personal taste come into the decision making when it comes to signs. Bannock felt that the same thing applied to the Rainbow Bar sign. He asked La Shot if he would be granted a sign permit if he came in for one? LA Shot Only if they could show me that the sign was designed properly so it wouldn't fall off the building and that they were maintaining it. BANNOCK - If the Council is so concerned about signs, let's look at the sign code. Councilman Measles seems to thing that the answer to all Kenai's sign problems is in granting variances and I think the problem is in the sign ordinance. And in regards to Mr. Baker some of the items that Mr. Beck noted in his letter surprised me because I remembered it being for a two-story building and approximately the same size, etc. LA SHOT I believe this body did review the two-story building but the permit was issued for one-story as Baker was building in phases. BRYSON - reported on Agenda Items, including: Several hearings had been held around the Borough about the classification of Borough owned lands. An area near Seward has been designated for recreation use, which does not preclude forest management, either. Various areas have been designated for resource extraction to prepare these areas for state reforestation plans. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 - Minutes Page 14 BANNOCK I was concerned when I received the notice in the mail that the TSH work session had been canceled. The paper recently reported that the RV Park in TSH had been developed because the code has not been changed. He said he would be very happy when this process was finished. 14. ADJOURNMURU There being no further business the meeting was adjourned at approximately 8:50 p.m. Respectfully submitted, Loretta Harvey Administrative Assistant 1791-1891 DL � CITY OF KEN... 110d C'apilai 4 4i"�11 210 FIDALGO KENAI, ALASKC"* TELEPHONE 283 - 753FAX 907-283-3014 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT --- TO CONNITTA28 AND CORKINBIONS DATE: 993 NAME: CFI mij E ?coz E Resident of the City of Kenai? YES How long? 2.5y5g Mailing Address 555 1DoLcgoit LANE Telephone No. .253-75/0 Business Address &OZ25 i<F.NA1 7A& 9%A/ • Telephone No. 24Z-g339 EMPLOYER: porA2 NATl7 & C� Co&tpAwy Job Title �r-ouTHUM tilVl5(09 MANA6E2 NAME OF SPOUSE: JALfize A.- -P16uc Current membership in organizations: tt KENAI -RoTAR.0 CIJb UNITED WA%) Past organizational memberships: 199X VNlTjip WkV CHAtaMA9 , -3o4s �;ccv'Tf 0�1 i)nck 3S7) COMMITTT�EES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: I'�t.Awnu u G �o�. �•c i ss�y+ti� 1791-1991 CITY OF KENAI �. 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CAMIDATES FOR APPOINTMENT TO COMMITTEES AND CISSIONS DATE: d- NAME: Resident of the City of Kenai? j ,S How long? ASS Mailing Address �© y?�' Telephone No. Business Address �Telephone No. EMPLOYER: cr /F Job Title 60y NAME OF SPOUSE: Current membership membership in organizations: lTP1,P�r/l0 �I ^. Past organizational memberships: `P OR COMMMISSIONS IN WHICH YOU ARE INTERESTED: Signature 1791-1891 CITY ITY OF / KE NA I V ff�pi`'Lf�V 4 17/�'�i/Yv1"1, 210 FIDALGO K�UW. A(1(II/LASKA 99611 TELEPHONE 2$3 - 7= 1819 �. FAX 907.283-3014 J72 CITY OF NMI L BACKGROUND AND PERSONAL DATA - CANDIDATES FOR TO CONki'VTVES AND COMMISSIONS DATE: Jan 19, 93 NAME: Jack Castimore Resident of the City of Kenai? Yes How long? Since 1978 Mailing Address 1533 Cohoe Circle Telephone No. 283-4609 Business Address Nikiski High School Telephone No. 776-3456 EMPLOYER: Kenai Peninsula Borough School Distr'_ct Job Title Teacher NAME OF SPOUSE: Mary Troy Castimore Current membership in organizations: United Methodist Church / New Covenant in Kenai, Treasurer; Kenai Elks; Kenai Penin. Educ. Association, Treasurer Past organizational memberships: Planning & Zoning Commission, City of Kenai; Soldotna Lions Club; Alaska Business Educ. Association officier COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Planning & Zoning Commission 1` 7 1791-1991 CITY OF KENAI � %Od e/z,eaW 4 41,adZa„ 210 FIDALGO KENAI, ALASKA "611 TELS!"ME 283.7535 FAX 907.283-3014 BACXGROOND AND PERSONAL DATA - CAVMZDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS DATE: NAME: Resident of the City of Kenai? Mailing Address ' �-1 LL LAI 4--2- Business Address 'PQ - f nN I22 � EMPLOYER: Job Title NAME OF SPOUSE: Current membership in organizations: Past organizational memberships: How long? Telephone No. Telephone No. COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Lb3-S(10 2k-�-.S 10 CITY OF KENAI %Od Cala4;l4d 4 4," 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE233.733s CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAME RBR ' C Tc e.S Resident of City of Kenai? 6 eO How long? Mailing Address/ f 0/ Tel . i lrf -jog%c/p Bus. Address loin ur Tel.-;j.,3 Presently employed by Job Title Name of Spouse Current -membership in organizations: Past organizational membership: Committees interested in: /Ak n17) /IG _ 1_� ' , m r ..• TO: Beautification Committee Kayo McGillivray, Parks & Recreation Director FROM: Carol L. Freas, City Clerk City of Kenai DATE: July 1, 1993 RE: )=AI BEAUTIFICATION PRWZCT AND ALL-AKSRICA CITY GARDEN DONATIONS UPDATE An additional donation of $100 was received from KMart for the Kenai Beautification Project. The check has been turned over to Mayor Williams. Also, the following have made plant/financial donations for the All -America City Garden: 1. Chamber of Commerce - Rockford, Illinois: $18.95 - They suggest honeysuckle, Persian Lilac or Spirea as typical of northern Illinois. 2. City of Little Rock, Arkansas: Ten Sweet Mock Orange shrubs, 3-4' high, have been received by the City for planting. Bob Frates has spoken with Trinity Greenhouses in regard to what care these shrubs will need at the time of planting and upkeep. 3. City of Delta, Colorado: Have made arrangements for the delivery of a Blue Spruce from Booth's Landscaping for planting. I received a telephone call from Jacksonville, North Carolina. They plan to order a planting from Booth's Landscaping or send a donation. I will inform you upon notice of what they decided. Letters of thanks will be forwarded to each donor. '11� clf AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 16, 1993 7:00 P.M. XZNAI 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. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Kent Swisher/Chrystal Smith - Alaska Municipal League Update Presentation 2. Lucille Haddon - Director of Visitor Services/Kenai Visitors & Convention Bureau, Inc. 1. Approval - Settlement Agreement Between the City of Kenai and MSM Partnership (Inlet Woods). 2. Ordinance No. 1546-93 - Amending Kenai Municipal Code, Chapter 20.05 Entitled, "Vehicles -For -Hire." 3. Ordinance No. 1547-93 - Amending KMC 7.12 to Provide for Monthly Filings of Hotel/Motel Room Tax Returns for Certain Delinquent Accounts. 4. Ordinance No. 1548-93 - Finding That a Portion of the Southeast ;, Section 36, T6N, R12W, S.M. (A 200' Strip Along Evergreen Street), City -Owned Lands, is not Required for Public Use and May Be Sold. 5. Ordinance No. 1549-93 - Amending the Kenai Municipal Code 14.20.150 to Include Revocation of Conditional Use Permits. D. 6. Ordinance No. 1550-93 - Amending the Official City of Kenai Zoning Map for a Portion of the SE;, Section 36, T6N, R11W, S.M. (a 200 Foot strip Along Evergreen Street). 7. Resolution No. 93-46 - Transferring $1,450 in the Public Works Department for the Purchase of a Computer Upgrade. 8. Resolution No. 93-47 - Transferring $2,776 in the General Fund for Replacement of the Ice Machine at the Recreation Center. 9. Resolution No. 93-48 - Transferring $4,000 in the General Fund for Additional Repair and Maintenance Supplies in the City Shop. 10. Resolution No. 93-49 - Transferring $4,147.55 in the Congregate Housing Capital Project Fund for Reinspection Costs. 11. Resolution No. 93-SO - Awarding the Security Services Contract for the Airport Terminal Building, for the Period July 1, 1993 Through June 30, 1996, to Guardian Security Systems, Inc., for $1,274.00 Per Month. 12. Resolution No. 93-51 - Authorizing the Execution of Cooperative Participation Agreements Among Alaska Municipalities and School Districts Creating the Alaska Municipal League Joint Insurance Arrangement. 13. Resolution No. 93-52 - Transferring $5,000 in the General Fund for Additional Attorney Fees in the Inlet Woods Litigation. 14. Resolution No. 93-53 - Awarding a Radio Maintenance Contract to Southcentral Communications for a Three - Year Period. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of June 2, 1993. -2- F. 1. *6/3/93 Senator Xurkorski Letter - Regarding Overland Avenue Easement. 2. 6/8/93 APRN/Voices of Alaska - Request for Contribution/"The Wisdom and Words of Peter Kalif ornsky . " G. OLD BUSINESS 1. Approval - Lease of Airport Terminal Spaces 28, 29, 30 and 31 - MarkAir. 2. Discussion - Elementary School Renovation/Construction. H. NER BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. ISSI-93 - Establishing Section 13.10.060 of the Kenai Municipal Code, Entitled Sanitary Facilities for Camping on Private Property. �-~ 4. Discussion - Settlement/Change Orders - Kenai Courthouse Project. 5. Discussion - Airport Commission Recommendations. 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 X. EXECUTIVE SE88ION - City Clerk and City Attorney Evaluations. -3- KENAI CITY COUNCIL REGULAR MEETING JUNE 16, 1993 7:00 P.M. KENAI CITY COUNCIL CEMERS JOHN J. RILLIAXSr RESIDING 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. Mayor Williams introduced Tom Manninen, Kent Swisher, and Chrystal Smith to the Council and audience. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Williams, Bookey, Swarner, Monfor, Measles and McComsey. Absent was Smalley. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD: C-11 Additional Information - Raw Lands Sales Report, produced by Ron Johnson, ERA -Real Estate Specialists. C-2, Additional Information - Financial Analysis Letter from Mike McLane. C-21 SUBSTITUTE ORDINANCE NO. 1546-93 - Additional amendments defined on the memorandum attached to the substitute ordinance. Councilman Measles requested Item K be removed from this agenda and requested it be forwarded to the July 7, 1993 council meeting agenda. NOTION: Councilman Measles MOVED for approval of the amended agenda. There were no objections. 80 ORDERED. A-6. CONSENT AGENDA There were no changes to the consent agenda. 7 KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 2 NOTIONS Councilman Mccomsey MOOED to approve the Consent Agenda as presented. There were no objections. So ORDERED. ITEM B: SCHEDULED PUBLIC C0111ENT (10 Minutes) B-1. Rent Swisher/Chrystal Smith - Alaska Municipal League Update Presentation Swisher stated he and Chrystal Smith were in Kenai to make a site visit of the Kenai/Soldotna area in preparation for the 43rd AML Annual Conference in November. Swisher added they are breaking new ground with holding the conference in Kenai/Soldotna, as it is normally held in the Anchorage/Fairbanks/Juneau areas. Swisher added he has been very impressed with the good attitude in regard to holding the conference in this area. Swisher stated they expect approximately 500 persons to attend the conference. Swisher added the conference in this area will be very good for the economy. Williams stated approximately $300,000-$400,000 will be brought into the community because of the conference. Williams added 400 hotel rooms will be needed (including bed & breakfast accommodations). B-2. Lucille Sadden - Director of Visitor Services/Kenai Visitors & Convention Bureau, Inc. Hadden requested Council to reconsider their action in closing the Forest Drive Municipal Park to tent camping. Hadden stated not only cannery workers want to tent camp. Hadden stated they receive requests for information from people coming into the area from out of state and out of the country. Advertisements published state there is tent camping available in Kenai. Hadden added these travelers are coming to our area because we have invited them. Hadden requested Council to come to some short-term solution. Hadden stated she is not suggesting the reopening of the Municipal Park. However, a safe, clean, quiet area is needed. Williams stated an ordinance has been requiring private property owners who provide tent camping areas to also provide sanitary �`" facilities. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 3 Councilwoman Monfor referred to the Parks & Recreation Commission minutes wherein they will be discussing a tent camping area at their next meeting. Monfor stated she has driven through the Municipal Park and would be embarrassed for anybody to camp there. Monfor added most of the tables are gone, the outhouses are very bad, etc. Monfor added Soldotna has better facilities. Councilman Bookey stated he sympathizes with Councilwoman Monfor, however he has sent 27 people who were looking for tent camping facilities to other places (out of Kenai). Bookey stated advertisements were placed offering tent camping areas in Kenai. Bookey added they are ,promoting on one hand and not on the other. Bookey added the topic needed to be addressed now. Monfor stated it is the Council's fault for not addressing the problem earlier. Monfor stated a tent camping area should have been their first, priority. Monfor stated she believed it will take two weeks of work to clew up the Municipal Park. Williams stated he has had some discussions with private property owners in the city to help take care of the problem. Williams added they will have to struggle by this year. C-1. Approval - Settlement Agreement Between the City of Kenai and MSM Partnership (Inlet Woods). VERBATIM: WILLIAMS: We'll move to our regular scheduled agenda of ordinances and public hearings. The first public hearing we have this evening deals with the settlement agreement that's been drafted between the City of Kenai and the MSM Partnership, ah, Inlet Woods and I would like to take just a moment, we'll go off the record for a moment so the Council has an opportunity to review the latest information that's been handed to us. So, we'll stand at ease for just a moment. OFF RECORD: BACK ON RECORD: WILLIAMS: All right. We're ready to come back to order. Call the meeting back to order. The issue before us is the settlement agreement that's been prepared regarding the a, the a settlement between the City of Kenai and the MSM Partnership. Ah, I suppose KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 4 the first thing that we should probably do is have the principals from MSM address the Council one more time to see if there are some things that we haven't covered or should hear or should be notified of. MONFOR: Mr. Mayor. WILLIAMS: Yes. MONFOR: Do you want a motion first? WILLIAMS: All right. We can do that. The Chair will entertain a motion with regard to the settlement agreement. Councilwoman Monf or . MONFOR: I move for approval of the settlement agreement between the City of Kenai and MSF... MSM Partnership. This is in regards to Inlet Woods. WILLIAMS: All right. There is a motion on the floor, is there a second. MEASLES: Second. WILLIAMS: It's been moved and seconded. We'll now continue with some discussion. Principals please state your name for the record. MC LANE: My name is Mike McLane, Box 769, Kasilof, and I'm a partner in the MSM Partnership. In the hand out that I've prepared today for you folks, I've done a financial analysis of the settlement offer. The main thing that I wanted you to keep in mind in going through these numbers, it doesn't take into account any acquisition costs, cost of the lawsuit or anything we've incurred up to this date. And that amounted to about eight -hundred -and -fifty -thousand in cash that we didn't have in the project and have actually written off as losses against the project. The numbers that you have for the following market scenario don't take into account any of that. It's just from this day forward what we would have to market the lots to break even. The ah, one of the main reasons for me speaking tonight is to dispel any thoughts of our settlement offer was brought about by the idea of profiting from this whole offer. This lawsuit has KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 5 been about money and hurt feelings and this offer here is the best efforts of my family to make financial amends to the City and I just want to be straight up about that and just go through each one of these deals to answer questions where I came up with these numbers. Over the course of the winter, ah, I worked with the utility companies and various developers that have come into town looking at Inlet Woods and so I was able to have hard -dollar numbers for extending utilities back into Phase II. Um, dealing with the first ah, page of this information is the, the actual loan amount that we'd have to put together to ah, fund this thing. The first item is the $12,500 net to the city. The second is hard numbers from the electric company and gas company to put those utilities to the back half of the subdivision which we had been unable to do. If you flip back to the, my map, Phase II is the area that isn't certified electric and plumbing. We did put gas throughout the entire subdivision from the start. Then ah, the next number is back taxes to the Borough. That's $183,290. Bank appraisal fees, this was the appraisals done on Inlet Woods, Mooring Estates, and our little ah, Mother Natures building out there in Soldotna. That's that number. We had to buy out, pay off, our former partner's attorney before he would sign the settlement agreement. That was his attorney, the seventy -four -hundred number. The other attorneys fees were just for view from our attorney's dealing with your folks' attorneys. The title insurance, that was a hard quote from Southcentral for the bank. The loan origination fees and bank fees are estimates based on 1 point for the origination fee and 2 points on the about. That brings to the, for a grand total of two -million -two -hundred and twenty-seven thousand two hundred dollars ($2,227,200) that we'll have to get from the bank to fund this settlement. In the next sheet I go to show where our break even point is with that. You go through and ah, we have a year's worth of interest. We pay the utility companies. We've got to pay the bank fees out of pocket. The appraisal fees, the attorney fees, the cost out of pocket in addition to everything is the four -hundred -ninety- eight thousand. The break-even sales price at $15,658 per lot, that came from a settlement sheet done by Southcentral Title. Now that was done on a lot in Phase I where the utilities were already in so we could actually sell that lot today and go with KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 6 $12,000 to the city and $12,500 plus cost of sales and all that. So, if you go to the settlement sheet that's in the back of the packet that'll show what a'net..-ae give you folks $12,500, pay the real estate commissions, appraisals and everything and the back taxes, that's where the fifteen -thousand -sib -thirty- eight ... six -fifty-eight figure comes from. But I wanted to see what a break-even point would be in the back because we don't, we have to figure we're going to be putting the utilities in for the whole thing,''so I"figured we'd analyze the 141 lots total in this one. So, the additional marketing cost to do that is that four -hundred -ninety -eight -thousand. So it's a grand total today of $19,197 per lot if we bring everything that we own in Inlet Woods up to market conditions with the utilities, pay the back taxes and everything. So that's our sort of base deal. The next sheet is, since we've been, we've got a, we've got a real offer of 600,000 on the table for fifty of these lots. If we go ahead with this sale on our own after the bank has funded the project, we would incur another cost to my family of $182,900. That would have to be added to the 91 lots that we still own after we've sold the fifty at 12,000 a piece. So, the end run, if we were to complete the fifty -lot bulk sale right now, we would have to market the other lots for 21,207 bucks. And, these numbers are substantially higher than market conditions today. And so, that's where I wanted to come and run out these so, if you have any questions we can go through that. I really think that Inlet Woods can be an asset to the town because it's a well -designed, well-built subdivision. The only thing it was built ten years too soon. I just want to, it was never our intention to bilk the City and it's not our intention to do that with this settlement offer and that's what I'm here and ah, if I can answer any questions, I'd sure be glad to. WILLIAMS: Questions from council? All right, seeing none. Thank you very much Mr. McLane for taking the time to do the lengthy preparation to bring this material to us this evening. At this time I would ask if there was...Yes, all right. At this time I would ask if there's anyone else that would like to address the Council on the matter. Mr. Johnson, please state your name for the record and sign in there on the sheet. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 7 JOHNSON: My name is Ron Johnson. I'm a real estate broker with Real Estate Specialists of Kenai. I put this ah, package together for you for several, reasons not the least of which is to show you that the, the'.ah, the offer that I am the agent for doesn't represent current market conditions. It makes a little bit of an effort towards speculative investment. A gamble, I think, is what it comes out more to be. I'll share some of the statistics with the audience that you have in front of you. This, we talked with a couple of the title companies to determine what was the percentage of the raw land sales within the city of Kenai that were traditionally handled by realtor organizational members. A shotgun figure, but the two major title companies come up witha neighborhood of 40%. So, using that number, we advanced some projected sales and some projected figures and I tried to justify those and make them pretty simple to understand. The current market available of the existing listings that are �^ very similar to the properties that we're dealing with right now on the second page, they're itenized,to give you an idea of the cross-section. There's 43 active in the current multiple listing service today. This was taken just a few minutes ago. If we use that 43 as 40%, that puts about 110 lots currently available on the open market in Kenai today. This is only within the city limits of Kenai, I might add. These properties run from 1,000 to 25,000 a piece, giving us an average market price of 11,200. Ah, I just penciled in a number for my own use. Comparable properties in the North Kenai area that are minimum probably in the area of one acre lots sizes, will average out about seventy-two hundred or $7,500 per lot. And there's a lot of them available. Ah, you see, January 1 through May 31, the actual sales in the Kenai city, there were two of them through the Board of Realtors. Ah, one was a river front lot at 26,000. You can't, you can't buy river front lot today for 26,000, but there are a lot of them available. They're hoping for a higher price. I would say the other lot that sold for $5,000 was probably closer to what the average should be. If we extrapolate that with the 40% then in that period of the first six months of 1992, there were probably five or six lots sold. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 8 January one, or June one of 1992 to December 31, 1992, picked up a few more sales in that five parcels were sold through the Board of Realtors. If in fact, five parcels represents 40%. then 12 parcels were actually sold. I have no way of tracking the actual numbers. I'm just going by some guesstimate estimate. This year we're seeing some increases in sales and I suppose, or I presume that most of the increase in sales is the result of speculation and as well as the prices of some of the properties is very, very low. There's some properties that have been dumped on the market by the banks and lending institutions, auctions, FDIC, and that sort of thing In the City of Kenai, to this point this year, there have been eight parcels sold through the Board of Realtors. That's tracked sales. If that be the case, then we've got 20 lots sold so far this year in the City of Kenai. I'm inclined to think that number is a little low, but that's all I can track right now. You notice that the average price came up 1 to $10,715. Not a great, great leap I might add. On the second page you have some prices of some lots that run anywhere from $1,000 up. The last page, I think, is, is probably the most important part of this little effort. Ah, if we take the existing lot sales and factor in an absolute best -case increase of 110%. In other words, we sell 10% more lots every six months than we sold the previous six months. At the end of that period and December 31, 1999, we will have sold 496 lots. That based on the realtor organizations selling 198, which is 40% of those. That's absolute best case. Now, if, if this particular subdivision managed to be 25% of those sales, in 1991 that subdivision was very close to sold out. Considering that across the spectrum of the various lots and the variety of lots that are available, that's not going to happen because it's a high, it's a high lot subdivision in terms of it's going to be a better -than -average subdivision. Therefore, it's going to take a little bit longer to sell. The current days -on market indicate that while the days are coming down, ah, it went from 620 to 300 and we're sitting now at 250 days on the market, so it's going to take just a little longer than just a couple of months to get these things to happen. Ah, yesterday, I had the opportunity to visit with and show some people ah, who hope to have their name withheld, ah, residential lots, ah residential properties available, as well as they had a KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 9 request for 40,000 square feet of offices. If you put those numbers into a calculator, it comes up to roughly 400 families. If that be the case, that we could get something like that to relocate to this area, one of the major concerns is that we have no place for them to live. There aren't, there aren't enough developable, developed good - quality lots available on the market today. There are not enough good -quality residential properties on the market today. According to the building permits, the City of Kenai, Kenai provided to me, at this point in time, at this point in the year, we're the just one number, one permit behind what we were last year. From June 1 to December 31 last year, there were 30 additional permits built ah issued and I would say that probably if that be the case for this year, increase it by 50%. Ah, that's not going to house 400 people, 400 families. So, I think it's in the best interest of the community to get some building started in that subdivision to get the tax base in there to keep the people from moving out of town. There's an awful lot of property out of town that's available for sale. It's available for sale cheap and it's cheap enough that it's going to cause some of the people to move out of town rather than to come in to town even though they prefer to be in town and have the benefits of the city waters and sewer and that kind of thing and a new home. So, I would encourage you to look at it from the perspective of trying to keep the people who are looking for housing now, in town. WILLIAMS: Thank you very much Mr. Johnson. Are there questions of Mr. Johnson? Thank you very much for preparing the material for us. At this time I would ask if there's anyone further that would care to address us, please come forward, state your name for the record and sign the sheet. PEDERSEN: My name is Larry Pedersen. Distinguished members of the council, I believe this is the third occasion I've had to come before you on this matter. Ah, I wanted to give you somewhat of an update ah, taking the lead that was granted us from ah your body last week. I have managed to place a preliminary package on this project before four lenders by next weekend, probably almost eight that this package will be presented in front of. KENAI CITY COUNCIL MEETING MINUTES I JUNE 16, 1993 PAGE 10 Ah, at the current time out of the existing four, we have two of them that have somewhat of a lukewarm reception regarding this package and I'll get into why in a minute, and we have two that a significant interest and one that's trying very hard to work with us to come forth with a successful conclusion. Um, one of the reasons that this package is extremely difficult has just been presented in front of you this evening and that is ah, you normally don't go in front of a lender, any kind of a lender, and may, "I want to finance a project and the money I want to borrow is for the, is far more than what the project is worth." Especially when the project itself is the primary source of repayment for that loan. When you're trying to obtain a loan from a lender, one of the first things he does consider is what is the source of repayment of the loan. With respect to flat loans, land loans, development loans, the land itself is the primary source of repayment. The secondary source that you look at is the financial strength of the borrower and then you may have alternative sources after that should you be fortunate enough to have those in your loan equation. Ah, banks get criticized for making these kinds of loans, yet we have a significant interest here from two banks right now that want very much for this thing to happen and for it to come together successfully. I think it's extremely important that ah, we understand that ah, that ah, this is not about profit and loss. This is not a situation where the City of Kenai is going to profit, nor is it a situation where the McLane family is going to profit. This is a situation of resolution. Bringing to a conclusion a battle that no one wins. Ah, this is not about getting even. It's about resolution. This is not about feeling good about the conclusion because no one can feel good when no one wins. It's about resolution. This is not about coming to grips with reality because, ah, this is about ah, coming to grips with making the best of a decision we made years ago that probably wasn't as good as it could have been. This thing is about resolution. I feel ah, I feel very good about the interest from the lenders that we have that are working with us. Especially to have, ah I think they have enough interest to try to make this thing work for all of us. If it comes together, the McLanes are making a KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 11 sacrifice. The city is making a sacrifice. I think the best thing to say about it is that we've come to a resolution so we can make it work. Ah, I would urge all of you to think about resolution. Thank you for allowing me to speak. If you have any questions about lending or where we, anything you want to know about it, I would be more than happy to answer any questions. WILLIAMS: Thank you. Are there questions of Mr. Pedersen? Thank you very much Mr. Pedersen. Is there anyone else that wishes to address us on this matter? Name of the record and please sign the sheet. MOORE: My name's Joe Moore. I live in Inlet Woods subdivision and my comments are concerning that. Ah, I've had an opportunity to review the unapproved minutes of the City 'Council Meeting of June 2, 1993. I've also talked with the mayor and Councilwoman Monfor regarding the City's attempt to settle with McLanes.' I know that it is the Council's responsibility to look out for the best interests of the taxpayers. I also know that when something looks too good to be true, it usually is. As I see it, the only party that is losing anything in this deal is the taxpayers of the City of Kenai. The McLanes appear to be getting a $1.9 million break at the expense of the taxpayers. I find the timing of this attempted settlement ironic. With the apparent economic upswing and property values beginning to rise, I see the potential for the McLanes to benefit financially from this. Again at the expense of the taxpayers of the City of Kenai. There are and were other property owners, owners in this subdivision who also held lots when the real estate market crashed. We were not offered a deal. We either stuck it out financially or the lots were taken back and sold at auction. I also don't fully understand why the Council is hesitant to pursue this matter further when we, the taxpayers, have already won in court. There doesn't appear to be any convincing evidence that the McLanes will even have the ability to appeal. So why consider it as a bargaining chip? If additional legal fees are incurred, aren't those fees awarded to the winner of the court case? KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 12 I would suggest to the Council that seriously reconsider this offer as the impact of the citizens of Kenai and the residents of Inlet Woods is going to be felt for years to come. I would also request a full council vote on the issue. As a resident of Inlet Woods, I feel compelled to ask your help, for your help with this whole mess. Some of the lots that were sold by City, sold by the City at auction, have been built on with what I would call, reckless irresponsibility. The buyers of those lots claim that they had no idea that there were any covenants attached to the subdivision. In one particular case, an approximately fifteen -year old house was dragged in on a trailer and jacked up on a foundation. A foundation that was set so low that sump pumps were used to drain the lower level during break-up. My point is this. In the last minutes, there was a reference to element of 51 lots floating around at 600,000. I assume Mr. ` McLane, I assume this to mean that the McLanes have lined up a buyer for a chunk of lots which would ease their finance requirements. If this is the case, I plead to the Council to attach to any agreement that the city makes, a clause that clearly states that there are enforceable covenants in the subdivision and these covenants will remain in tact and cannot be changed by a party that comes into the picture by purchasing a large chunk of lots. I ask that as you decide the future of Inlet Woods, you assist us residents in making sure that it is developed responsibly as it was intended to be done in the beginning. Thanks. WILLIAMS: Thank you very much. Are there questions from this Council? Seeing none, thank you very much. Is there anyone else from the general public that would like to address the Council? SILVERMAN: Can I sign at the end? Is that okay? My name is Nancy Silverman. I'm a ten-year resident of the City of Kenai and property owner and a taxpayer. And, I really don't like getting up here and talking in front of you guys, but I really have to. I'm really against this settlement with the McLanes. Um, Mr. Pedersen, I'm glad you're so humble tonight. The, reading the minutes of the last meeting, I thought it was a pretty arrogant thing to say that the taxpayers of the city of Kenai incurring the debt of 1.9 million wasn't too bad of a deal. I KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 13 As a taxpayer, I think it's a real bad deal. I could go over the things that Joe said in the beginning of his statement, Joe Moore. I am in agreement with most of the beginning section as to why I'm against this proposed settlement. It is really not right. It's not our debt. It's not the taxpayers' debt and we should not be paying it. Ah, the McLanes, in the beginning of this, were the only ones who stood to make a profit on this when the City bonded the subdivision. I don't understand why they had no risk of losing on this. What should have happened, the City should have ceased the property and any other assets of the McLanes long ago to cover this when they were ah, failing to pay the assessments on it, but I won't even go into that. The main points I need to bring out that ah, I feel weren't brought out is, if you want to get this resolved, it should be resolved the right way. It shouldn't be resolved just to get it, you know, out of the way or sweep it under the carpet. By doing so, ah, the City may be opening itself up to a class action or some other kind of law suit by a disgruntled taxpayer. Just possibly myself. We do not owe this 1.9 million. Ah, for the last three or five years, one,mill rate out of our property taxes, and I do have several properties and my husband owns several properties in Kenai, all in Kenai. One mill of our property tax has been going to pay off this debt. It's not our debt. It's not mine. I don't owe it. I don't want to pay it. Ah, okay. The other thing, so I wanted to point out there could be a lawsuit against the city. Then there's going to be more legal fees and you're going to pay these legal fees you've already incurred now no matter what you decide. Ah, the other aspect ... one of the worst aspects of the proposal, and I don't know if this has changed or not. I'm just going by the minutes of the last, the unapproved minutes of the last council meeting, is that the McLanes were, according to Mr. Pedersen, were unwilling to quit claim deed over their interest to the City, any interest they had to the City on any of the remaining lots should they fail in their attempt to either sell the lots or obtain financing in the 120 days. That is a real lousy deal. I don't know why you would accept such a deal. It puts you in the position, it puts us in the position back to this square one in 120 days if they fall through. If they fail, unless the um, although you would be less the choice lots of the subdivision, so, I don't know. There's, there's better ways to resolve this. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 14 I don't have the answers for everything and I may not have my information, you know. I don't have all the figures and everything. Ah, I'm also going to request that we have a vote of the full council because this is a real important issue and I'd like to see how all councilmembers vote on it. I do vote so. Thank you for your time. WILLIAMS: Thank you very much Mrs. Silverman is it? SILVERMAN: Yeah. It's Ms. WILLIAMS: Ms. Silverman? For coming before us this evening. Is there anyone else who wishes to address the council this evening with regard to this matter? Please state your name for the record. WILLIAMSON: My name's Jim Williamson. I've been a taxpayer in Kenai for about ten, eleven years. And, that's my wife. I'm like her. I'm nervous up here in front of you guys. If we were talking somewhere else, it'd be a little bit different. Anyway, about the only thing I have to say is, I agree with my wife and Joe. It's a lousy deal for the taxpayers. It's a real lousy deal. I was a builder and developer in Juneau for about 25 years. I developed three different subdivisions there. And anyone of those subdivisions, if I had done the same things McLane did, I would have been broke. The bank would have came in and taken everything that I own. And that would have been it. TAPE CHANGE. ...and they come and they take everything away from you. So, that's about all I wanted to say was just to ... I don't agree with this and I do think there should be a full council hearing so that the taxpayers could see how every councilmember votes on this issue. Cause it is a very big issue. WILLIAMS: Thank you Mr. Williamson. There seems to be some concern about the voting of the council. I'll assure you that the Council will vote in public, in the open, on this issue this evening. We have elected to elevate this entire discussion to the level to an open meeting rather than holding it in a closed meeting. There has been more issues surrounding this particular KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 15 matter discussed in executive sessions that any other matter that has ever come before this council and I assure you that the council has since made up its mind that the final elements of this agreement, this settlement issue, and all of the matters pertaining to it, ah were to be done in, in open meeting as we're doing this evening. So, I do thank all of you for coming before us this evening ah, to voice your concerns and if there are no more concerns to be voiced from the public, then I'll bring it back to council. If there is someone else that still has something to say, please step forward. Seeing none, then I will bring it back to council. Council, for discussion? There are some things I would like to clear up before we move along towards the vote. This issue has been before the Council for nearly six years, or about six years in litigation. During six years of litigation, it's been one of the most agonizing things that has ever faced this council and previous councilmembers who have set on this council over the last six years. We have looked at every possible solution to the program. Ah, and as, as been indicated, the courts have ruled in favor of the city. McLanes have waived their capability of, of appealing the judgment. We could, in fact, probably go out and bankrupt several families, destroy quite a bit of work that's been done in the community, and we could probably get all of the properties back to us. We would face much more litigation in trying to clear the title and get these properties ready for marketing and in some circles it's thought that this property could take as long as ten year to put back on the market if we go through the legal process. Also, if we go through the legal process, if it takes that long, we're going to wind up having to service the debt for that length of time. There is about eleven years left on the bonds. We've managed to renegotiate on behalf of the taxpayers of the City of Kenai, the interest rate on these bonds and we've brought it down considerably so that it would be much easier to handle. If we are forced into servicing this debt for the next eleven years, the remaining debt will be serviced by property taxes at the rate of about one mill of our entire property tax. Which is only 3i mills now. That means that we will continue to service the debt with property tax and we will continue to lose, and KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 16 lose, and lose, and the property may never go on the market, thus denying the City of Kenai a very lucrative tax base for itself in its future growth. With regard with some of the numbers that have been discussed. The McLanes have indicated that at the present time, they are out $850,000 out of pocket. That $850,000 may every be seen again regardless of the numbers that ah, can be put together. We have evidence before us in the form of ah figures for cost development that indicate that the price of future lots will be $19,000 just to get at a break-even point using today's figures. With regard to the amount of money that the City is out, there has been bantered around the numbers up as high as a million nine. The City, at present, will write off $1,179,658. That's a lot of money to write off. It represents one mill of property tax for the last nine years. However, we cannot continue to write that money off. With the settlement money as it's proposed, and we have every reason to believe that it's being proposed in good faith and that it will be forthcoming, we will be able to pool the money, the $1,700,000, thus releasing the liability of debt service from the taxpayers and will no longer will be carrying this debt on their shoulder. We will be able to service the debt from the pool, we will be able to take care of the bond issue, we will be able to move on with our lives. There are a lot of exciting things that are going to happen in the City of Kenai over the next three to five years. One of them, I hope, is the development of that subdivision and the other, I hope, will be a new school that goes with it. I personally am going to vote in favor of this settlement. I've studied and I've looked at it. I've put a tremendous amount of time and effort into it. I've been at every meeting that this has been discussed at for the last six, seven years and beyond. I believe it's in the best interest of the city of Kenai for all of us to get away from this and try to see it resolved and try to make it work. This is the tail end of an economic crisis that hit the State of Alaska in 1987 and eight the likes of which I personally hope that I never have to live through again. A lot of people suffered during that crisis. Everyone here probably lost something ah and this is the tail end of that crisis as far as the real estate market within the city of Kenai. �,. I think it behooves us to try to settle. I do not expect or do I believe or do I see any way possible that the McLanes are going KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 --,, PAGE 17 to benefit financially from this settlement. I compliment them on their efforts to try to bring this thing to a conclusion rather than walking from it, filing bankruptcy, and leaving town. I compliment them on the fortitude that they've taken and then work they've put themselves to. With that, is there further discussion from the council? Councilwoman Swarner? SWARNER: Well, I guess I just have a comment about Joe Moore's comment about the covenants. The City doesn't enforce the covenants. MOORE (from audience): Oh, I understand that. Yeah, it's up to the subdivision to enforce them. My concern was that the majority owner of the subdivision can change the covenants. SWARNER: That's right. MOORE: I see that as being a possibility to the large chunk of lots sold to one individual. SWARNER: I just wanted to make sure that you knew... MOORE: I understand that. WILLIAMS: Mr. McLane. MC LANE: Ah, when we put that subdivision covenant package together, we addressed that. It's usually you have to have a majority. In this one you have to have 90%. There's absolutely no way that we, owning 141 lots, can change those covenants. You have to have, it's like, 30 more lots, over, with those, to change the covenants. WILLIAMS: I would like to address a question to either Mr. Moore, Silverman or Williamson with regards to the community ah, enforcement group. Do you have a subdivision committee in place now? WILLIAMSON: No, there isn't. WILLIAMS: Does your covenant agreement call for a committee, subdivision committee to be in place. f�. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE IS VOICE FROM AUDIENCE, WILLIAMSON?: I don't believe it does. There's not an architectural committee or anything... MOORE (from audience): We're in the process of forming a homeowners' association. WILLIAMS: All right. I would suggest that that homeowners' association be formed immediately. That the bylaws include the elements of the covenants and that you begin immediately to seek enforcement through your own resources of those covenants. VOICE FROM AUDIENCE, WILLIAMSON?: Yeah, but that ah, on these covenants, that has nothing to do with my objection to this, to the ah deal that the council was trying to do. You're kind of sweeping the trouble under the table and ah want to get out from under it. WILLIAMS: Well, I would say the banks, the FDIC, the FSLIC, the seven failed banks of Alaska and the rest of them has swept $2k billion of bad paper.... VOICE FROM AUDIENCE, WILLIAMSON?: I think they foreclosed on every one of those, didn't they? WILLIAMS: No, they did not. VOICE FROM AUDIENCE, WILLIAMSON?: No? Okay, well maybe not. WILLIAMS: There has been so many deals have gone down that included everything but foreclosures. VOICE FROM AUDIENCE, WILLIAMSON?: I believe they did foreclose on an awful lot of them that worked that way... WILLIAMS: Well, all right. Thank you very much for your comments. Ah, further comments from Council? Seeing none, it appears that we're ready for the vote. The motion is to approve the agreement. The Clerk will call the roll. FREAS: Williams? WILLIAMS: Yes. FREAS: Bookey? BOOKEY: No. KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 19 FREAS: Swarner? SWARNER: No. FREAS: Monfor? MONFOR: (Long pause) Yes. FREAS: Measles? MEASLES: Yes. FREAS: McComsey? MC COMSEY: Yes. WILLIAMS: All right. The vote is four yes, two no. The motion passes. It's hopeful that ah, we can move on from here and see the resolution of this matter in its entirety. I will make one further comment. With the release of this debt, ah, from the taxpayers as it now appears, ah, this year we're faced with a $587,000 fiscal gap in our budget. By removing this debt from our books, we will be able to cover almost half of that fiscal gap on behalf of the taxpayers of the city of Kenai in the next budget. And we're confident that we can lay that to rest as well. I for one am pleased to see it through. Thank you very much. END OF ITEM. C-2. Ordinana• No. 1546-93 - Amending Kenai Municipal Code, Chapter 20.05 Entitled, "Vehicles -For -Hire." (LOTION: Councilwoman Swarner XOV$D for adoption of Ordinance No. 1546-93 and Councilman McComsey BECONDED the motion. There was no public comment. 7 KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 20 Councilwoman Swarner MOVED to amend with Substitute Ordinance No. 1546-93 and Councilwoman McComsey SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. VOTE ON MAIN AMENDED MOTION: Smalley: Absent Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes ]LOTION PASSED UNANIMOUSLY. C-3. Ordinance No. 1547-93 - Amending RMC 7.12 to Provide for Monthly Filings of Hotel/Motel Room Tax Returns for Certain Delinquent Accounts. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1547-93 and Councilwoman Monfor SECONDED the motion. There were no public or council comments. VOTE: Smalley: Absent Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes MOTION PASSED UNANIMOUSLY. C-4. Ordinance No. 154E-93 - Finding That a Portion of the Southeast h, Section 36, T6N, R12W, S.M. (A 200' Strip Along Evergreen Street), City -Owned Lands, is not Required for Public Use and May Be Sold. MOTION: Councilman McComsey MOVED for adoption of Ordinance No. 1548-93 and Councilwoman Swarner SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 21 There were no public comments. Swarner asked if there has been some interest in purchase of this property. Brown stated no. Brown added subdivision preparations, etc., will be done and they it will be decided whether to sell the property in blocks. Brown added he has not received any specific interest. These are General Fund lands. VOTE: Smalley: Absent Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes MOTION PASSED UNANIMOUBLY. C-5. Ordinance No. 1549-93 - Amending the Kenai Municipal Code 14.20.150 to Include Revocation of Conditional Use Permits. NOTION: Councilman Measles MOVED for adoption of Ordinance No. 1549-93 and Councilwoman Swarner SECONDED the motion. There were no public or Council comments. VOTE: Smalley: Absent Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes MOTION PASSED UNANIMOUSLY. C-6. Ordinance No. 1550-93 - Amending the Official City of Kenai Zoning Map for a Portion of the SE;, Section 36, T6N, R11W, S.M. (a 200 Foot Strip Along Evergreen Street). MOTION: Councilman Measles MOVED to adopt Ordinance No. 1550-93 and Councilman Bookey SECONDED the motion. There were no public or Council comments. KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 22 (LOTION TO AMEND: Councilman Measles MOVED to amend Ordinance No. 1550-93 by amending all references to R11W in the ordinance by changing them to R12W. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. VOTE ON AMENDED MOTION: Smalley: Absent Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes MOTION PASSED UNANIMOUSLY. C-7. Resolution No. 93-46 - Transferring $1,450 in the Public Works Department for the Purchase of a Computer Upgrade. MOTION: Councilwoman Swarner MOVED for adoption of Resolution No. 93-46 and requested UNANIMOUS CONSENT. Councilman McComsey SECONDED the motion. There were no public or Council comments. VOTE: There were no objections. SO ORDERED. C-8. Resolution No. 93-47 - Transferring $2,776 in the General Fund for Replacement of the Ice Machine at the Recreation Center. MOTION: Councilman Measles MOVED for adoption of Resolution No. 93-47 and Councilman McComsey SECONDED the motion. There were no public comments. McComsey asked how old the machine is that is being replaced. McGillivray stated this one was used when it was purchased and they had it for about five years. The previous ice machine was also used when it was purchased. KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 23 VOTE: Councilman Measles requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. C-9. Resolution No. 93-48 - Transferring $4,000 in the General Fund for Additional Repair and Maintenance Supplies in the City Shop. MOTION: Councilwoman Swarner MOVED for adoption of Resolution No. 93-48 and requested UNANIMOUS CONSENT. Councilman Measles SECONDED the motion. There were no public or Council comments. VOTE: There were no objections. 80 ORDERED. C-10. Resolution No. 93-49 - Transferring $4,147.55 in the Congregate Housing Capital Project Fund for Reinspection Costs. MOTION: Councilman McComsey MOVED for approval of Resolution No. 93-49 and Councilman Measles SECONDED the motion. There were no public or Council comments. VOTE: Councilman McComsey requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. C-11. Resolution No. 93-50 - Awarding the Security Services Contract for the Airport Terminal Building, for the Period July 1, 1993 Through June 30, 1996, to Guardian Security Systems, Inc., for $1,274.00 Per Month. MOTION: Councilman Measles MOVED for adoption of Resolution No. 93-53 and Councilwoman Swarner SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 24 There were no public comments. Brown was asked why the contract is for three years. Brown stated the contract is for a full year for three years. Brown stated it is not uncommon to bid contracts for three-year periods, i.e. radio maintenance, janitorial, etc. Williams stated they started the service due to vandalism and car thefts. Williams asked if the service has been going on for twelve months. Ernst stated it has been used since Council's request approximately five months ago. Ernst stated the agreement allows for termination by either party with a thirty - day notice. Measles asked if the service is needed more in the winter than the summer. Ernst stated there is more traffic in the summer months. Ernst added car thefts happen more in the winter around Christmas and vandalism is more prevalent in the summer. Ernst added the reason for using the service is to protect the terminal during the time of the night when no one is using the terminal. Williams stated he will vote in favor of the resolution, but would like the need for the service reviewed in six months. McComsey asked if the terminal can be locked. Ernst stated it could, however, changes to the doors would need to be made in order that they do lock. Also, someone would have to go to the terminal each night to lock and to unlock the doors. Ernst stated the terminal is patrolled from 1:30 a.m. to 4:30 a.m., seven days a week, for $7.00 an hour. Measles stated he believes checking on the terminal at has been vandalism or not. well as vehicles parked in attempt to protect it. VOTE: it is necessary to have someone that time of the night whether there Because it is a public building, as the paid parking lot, the City should There were no objections to the motion. 00 ORDERED. C-12. Resolution No. 93-SI - Authorizing the Execution of Cooperative Participation Agreements Among Alaska Municipalities and School Districts Creating the Alaska Municipal League Joint Insurance Arrangement. KENAI CITY COUNCIL DUNE 16, 1993 PAGE 25 XOTION: MEETING MINUTES Councilwoman Swarner XDVND for adoption of Resolution No. 93-51 and Councilman Bookey SECONDED the motion. Public comments: Steve Gregor: Last Frontier Insurance in Kenai. Gregor made three points: (1) Their last year's quote for coverage was $9,000 less than the JIA quote. Gregor added they were told last year that the City was not planning to bid insurance for another three years. (2) The local brokers were not allowed to bid the whole account. The local brokers give combined coverage. JIA has bid the whole contract. (3) Last Frontier has 15 employees who are local taxpayers. The money his agency makes on the City's accounts pays for one employee. Gregor requested Council to keep their insurance brokers local. Steve Wells - JIA Insurance - Wells gave reasons why the City should join the program. (1) It is an Alaska Municipal League program developed six years ago to provide constant, stable insurance coverage. (2) The company is owned by the participating communities in Alaska. JIA is not a broker, it is the company. They do not receive a commission when communities join. (3) They provide competitive rates and provide a lot of services that insurance companies do not. Wells stated the cities of Kodiak and Bethel hired an outside consultant to review insurance costs, etc. The consultant stated the JIA program had the best insurance coverage in the state. Wells added the deductibles are lower and do a fine job to reduce the cities' losses and will reduce the cities' insurance costs. McComsey stated he understood the JIA program only insures the first $250,000 of each city and then another company goes from there and that company is out of San Francisco. Wells stated JIA takes the first $250,000. Then they have a re -insurance company from London for liability and comprehensive. Property coverage is from one company and Workers' Comprehensive from another. Their actual broker is based out of San Francisco and have a lot of pooling experience. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 26 McComsey asked if they have losses or claims more than $1.2 million, will all cities involved have to pay more. Wells stated the $1.2 million is surplus. JIA would have to have 16 $1 million losses in one year to break even. Wells stated Kenai will make up about 9% of the program. Swarner asked Brown if they pass the resolution and later decide this is not the best way to go for insurance coverage, can the city decide to purchase insurance elsewhere. Brown stated if the resolution passes, the city will join the pool. Bookey asked Brown if he was that comfortable. Brown stated he was first apprehensive because of stories he had heard from other people. It took months for his confidence level to raise and he now feels very comfortable with the program. Measles asked how long they would be committed to the program. Brown stated for two years, with a six-month notice. If they opt out, but still have claims incurred, they would have to stay in the pool until those claims are settled. Brown added they can get out of the program quickly if they decide they do not like it. Williams stated he would vote against the resolution. Williams added his decision is not because the program is not a good one and that it does not provide good coverage. Williams stated he would vote against it because there are good brokers in the area. Williams stated the issue was local versus outside brokers. Williams stated the City committed itself on a quasi -basis for three years. The bid quotes by the local brokers may have been determined differently according to the term length. Williams added he is more comfortable with working with the local brokers. Williams complimented Brown for the work he put into the review of the programs. McComsey stated he feels the same way. McComsey added the insurance coverage should be kept local. McComsey stated there will be two people out of work in the community if they join the pool. Measles asked if they stay with the insurance program the city is in now, can some of the deductibles be changed to lower the premiums. Brown stated yes. Brown added there will not be much of a savings other than in automobile, i.e. $8,000. But that is KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 27 not a lot of money. Brown stated he will be speaking with Attorney Graves in regard to uninsured motorists. There will be a small savings if it is deleted. VOTE: Smalley: Absent Williams: No Bookey: Yes Swarner: Yes Monfor: No Measles: No McComsey: No NOTION FAILED. C-13. Resolution No. 93-52 - Transferring $5,000 in the General Fund for Additional Attorney Fees in the Inlet Woods Litigation. NOTION: Councilman McComsey ROVED for approval of Resolution No. 93-52 and Councilwoman Monfor 8ECONDED the motion. There were no public comments. Brown stated the money is needed due to attorney fee escalation during the settlement work. VOTE: Councilman McComsey requested UNANIXOUS CONBENT. There were no objections. 80 ORDERED. C-14. Resolution No. 93-53 - Awarding a Radio Maintenance Contract to Southcentral Communications for a Three - Year Period. NOTION: Councilman Measles MOVED for adoption of Resolution No. 93-53 and requested UNANIKOUS CONSENT. Councilwoman Monfor SECONDED the motion. There were no public or council comments. VOTE: There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES f' JUNE 16, 1993 PAGE 28 ITEM Ds COMMIBSION100 MI?TME RNPORTB D-1. Council on Aging Swarner reported the Senior Center and Director have been evaluated by the Older Alaskans Commission and received loot. The Center's grants from the OAC and United Way will be decreased. Congregate Housing continues to be full. D-2. Airport Commission Councilman Measles stated he missed the last meeting. Airport Manager Ernst stated the minutes from the last meeting were included -in the packet. McComsey stated he had been to the airport a few days ago and could not park in the employees parking area due to other vehicles, which did not spear to be employee vehicles, using the spaces. Ernst stated the vehicles parked there could have been those of contractors he took out onto the airport in regard to grading work. Ernst added if he finds other vehicles parked in those areas (except when they are contractors, etc. and he is working with them), he asks them to move or has them moved. D-3. Harbor Commission Bookey stated the last meeting was on Monday and the minutes were included in the packet. The Commission would like to place a sign at the boardwalk with information about the mountains, river, etc. Bookey stated he believed this type of request should go to Parks & Recreation for their review and action. D-4. Library Commission Monfor reported the Friends of the Library book sale earned $2,300. The minutes of the last Commission meeting were included in the packet. D-5. parks i Recreation Commission McComsey reported he did not attend the last meeting. McGillivray stated the minutes of the last meeting were included in the packet. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 29 D-6. Planning i zoning Comission A memorandum in the packet stated there was no meeting due to lack of business. Williams reported he received a Commission/Committee application before the meeting from Charlie Pierce. Williams requested that all applications on file be placed in the next packet for possible action at the next meeting. D-7. Miscellaneous Commissions and Cosimittees Beautification - Swarner reported the minutes of the June 8, 1993 meeting were included in the packet. Swarner reported the City of Delta, Colorado would like to place a blue spruce in the All - America City garden. All -America City - Williams requested Council to allow the All - America City Task Force (Councilwoman Monfor) to put together a booth display regarding the All -America City presentation, etc. for the AML Conference in November. There were no objections from Council. ITEM E: MINUTES E-1. Regular Meeting of June 2, 1993. Approved by consent agenda. F-1. 6/3/93 Senator Murkovski Letter - Regarding Overland Avenue Easement. Approved by consent agenda. F-2. 6/8/93 APRN/Voices of Alaska - Request for Contribution/"The Wisdom and Words of Peter Kalifornsky. " No action taken. 7' KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 30 ITEK a: OLD BUBINE88 G-1. Approval - Lease of Airport Terminal Spaces 28, 29, 30 and 31 - MarkAir. A memorandum was included in the packet from Administration which recommended the lease be awarded to MarkAir. Brown stated MarkAir gave some checks to him this evening, however he does MOTION: not Councilwoman Swarner MOVED that the lease be awarded to MarkAir, provided the Kenai Penins y become current in delinquent taxes owed to the ula Borough and lease amounts and landing fees due to the City and any other things and the check is good, for spaces 28, 29, 30, There were n and 31. Councilman Bookey SECONDED the motion. o objections. BO ORDERED. G-2. Di Williams ref Williams requested a directive from Council as to their true feelings in Discussion f Williams sta order that a letter be forwarded to the School Board. ollowed regarding cost and student capacity. ted in his view, the area is entering into a major long-term gr which will o Williams add owth. Two major firms may be coming in to Kenai, ffer a broader tax base to service the debt. ed there will be 3,000 more students in the next decade. Williams ask decision to ed if a letter in support of the School Board's build a new elementary school be sent. There were no objections. BREAK TAKEN: 9:28 P.M. BACK TO ORDER: 9:40 P.M. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 31 ITEK H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified NOTION: Councilwoman Monfor MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $1,000 NOTION: Councilwoman Swarner MOVED to pay the purchase orders over $1,000 and assumes Brown is checking that they are current in their sales tax. Councilwoman McComsey SZCONDED the motion. Brown stated Tri-City are in the process of registering and they will hold the purchase order until they are registered. Measles asked why the purchase order for the computer upgrade was more than the transfer approved earlier. Brown stated there was some money in that budget before the transfer. Monfor requested discussion regarding sales tax policy be placed on the August agenda, i.e. current versus delinquent. Monfor stated a policy needs to be determined in order that all are treated equally. Brown stated at this time they have no policy. Williams suggested a work session arena would be better. Monfor requested a work session be set for September. There were no objections. H-3. Ordinance No. 1551-93 - Establishing Section 13.10.060 of the Kenai Municipal Code, Entitled Sanitary Facilities for Camping on Private Property. Approved by consent agenda. H-4. Discussion - Settlement/Change Orders - Kenai Courthouse Project. VERBATIM: KENAI CITY COUNCIL MEETING MINUTES (�JUNE 16, 1993 PAGE 32 WILLIAMS: Moving on to Item H-4. This is the discussion of the settlement charges and orders with regard to the Kenai Courthouse Project. Ah, and I didn't bring my copy of that. MONFOR: I did. WILLIAMS: There we are, here we are. I've got one. SWARNER: I did. WILLIAMS: All right. Before us, who wants to lead the discussion? I think it boils down to the bottom line ... The summary on page 6. The offer from the contractor is $544,810. Last and final offer of the city's second offer to the contractor is $475,000. And there begins the discussion. MONFOR: I suppose to open it up or to shut it down or whatever, I would move that the City would pay the $475,000. WILLIAMS: All right. It's been moved. MC COMSEY: Second. WILLIAMS: And seconded, that the City pay the contractor on the courthouse, $475,000. Further discussion? Councilwoman Swarner. SWARNER: Well, I guess, there are a few things that I have problems with and one of them is the potting of the plant materials when they knew, I mean it was obvious that we're late and things were ordered. After that there was, after the delay was known. And, to excavation work that was done, stand-by time. And maybe Keith, maybe I missed here by not, there is stand-by time, included in the City's second offer, is that correct? or has that been taken out? KORNELIS: No, the stand-by time was in the claim, which was Item 12. SWARNER: Okay. So, in the second offer, it's zero. KORNELIS: That's correct. SWARNER: Okay. (y KORNELIS: As you can see in this chart, Item ah, Column A is the contractor's first offer ah, which was the initial thing that was KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 33 given to us which is Exhibit A, I believe. Attachment A. And Column B and C was in my proposal, which is ah, Attachment B. And then ah, the contractor came back with this last letter dated June 8, which is Attachment C at the $544,810. It's, it's listed as a lump sum amount. It's not broke down at all and ah... SWARNER: Okay, and I think you were overly generous too, but ... And then I have another question, I guess, where would the extra money come from. BROWN: Ah, we have, we have money in the budget and I want to turn to pages, cause Keith and I got together on some notes on that... KORNELIS: Page 5. BROWN: Page 5. There's enough money with the $400,000 state grant which I assume has been signed. I, I haven't received official word on it yet. Do you know if it's signed yet? I really don't know. WILLIAMS: There's a stack of them laying on his desk now. BROWN: Ah, we would have to come back to the City Council because we made a commitment going into this for some other items, basically for the courthouse, furniture, electronic card key system ... It's my guess that, that if you went with the full $544,000 that G&S wants, the City would then have to come up with at least another $150,000. Of course, it would be something less than that if you settle an amount smaller. But, page 5 pretty well lays that out. SWARNER: So, if we went with the 475... BROWN: Well, then you could subtract ah, ah, what's the difference... KORNELIS: About sixteen... BROWN: About $70,000. You'd still have to come up with about 80,000 of city money. SWARNER: And would that come out of the General Fund or... BROWN: I would anticipate taking it out of the Airport Fund. KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 34 WILLIAMS: Further questions? One of the things ... Yes, Councilwoman Swarner. SWARNER: Well, I guess then I would amend the motion to um ... Can I amend it to make it 400? WILLIAMS: 400? Before any amendments are made here there's a couple of questions I'd like to ask of Keith. Ah, get down in there into the other unknown or known pending items, this design increase we request McCooi, Carlson Green for 68,000 and of course the associated inspection request ah, the $74,000... $74,900 total. Would it be reasonable to assume that these design increase requests and the associated inspection request might not be the responsibility of the court system rather than the City of Kenai? KORNELIS: Absolutely. I think so. I think that, basically what the design increase is, is because of items that were different than the Palmer Courthouse that the Court System, the ah, would like to proceed on. But, you have to remember this is their full request. I don't agree with that full amount of 68,000. We had a contract with them and they went over that amount without getting any written approval, without checking with us, and I think they just went over budget. As you recall, we, we negotiated their contract with them and dropped it down from something like five or ten percent and they mention that in their letter that they were under budget to start with. Well, they agreed to it and I think there's a certain, a certain portion of that, that request that's probably legitimate, but there's a good portion of it that is not. A very large portion of it is not. That's, they just over, went over on their budget. WILLIAMS: All right. Another question. Did we agreement with regard to the electronic card key whether they were going to leave it out or not? come to an system as to KORNELIS: No. No, there was no agreement. That was something the Court System has had on there own. They plan on contracting that out on themselves. Um, the individual who has been working with us on the Court System, Chris Benedicktson has left and there's a new gentleman. I don't really think he's really up to speed on it. I, I don't know ... He has never mentioned that the ah, card key system. But, the previous gentleman, Mr. Benedicktson, thought he could do it for like 35,000, something like that. Even though there was 50 that was in there that they have set aside for their, for this. I don't know if they would KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 35 drop it or not. Ah, as Charlie has mentioned. It was mentioned, it was mentioned in the agreement. I don't think there was a dollar amount in the agreement though for it, was there? BROWN: Yeah. They have these dollar amounts. It was in a, it was in a document that sized the loan that these monies were set aside. There, it's not in the specifications. Ah, we could get into a real argument with the courthouse. That we agreed to build it according to the specs and furniture and card key system wasn't in the specs. But, on their side, they'd argue that they had included it in the amount of money they borrowed and we burned up the contingency out of what was borrowed for soils contamination. So, they have an argument that the money should have been there for these items. They'd have a good case, I think. WILLIAMS: I hope this one doesn't take as long to settle as the Inlet Woods one did. Ah, it's going to be rather interesting. WE're going to perhaps fight this case in the new courthouse? KORNELIS: Ah, another thing that should be brought up ah, that is not included in other unknown pending items. As I mentioned in here, there are some construction change directives that at the time I wrote this were pending and there may be some other ones, but there is one, this DCR107, a hundred and seven, concerns relocating some duct work and it's something that needs to be done. Immediately. In fact, I think they may have even started on it. Ah, but it's less than $1,000. The cost is not to exceed a thousand, so. WILLIAMS: All right. Further discussion from Council? The motion on the floor is to pay $475,000. Further discussion? Yes, Mr. Green. GREEN: Would it be appropriate for me to comment at all at this point or? WILLIAMS: Well, sure, I think ah, since you're the one we're going to pay the 475,000 to, come one, come discuss it with us here. GREEN: I don't, I don't really know where to start here folks, but...I stood right here before this Council and went just like this. "What do you want me to do? Do you want me to stop or do you want me to keep going?" Nobody told me to stop. Proceed on 1 good faith. I proceed on good faith. I turn in a legitimate KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 36 amount of money to do the work, after the fact, unauthorized, cause nobody would give me authorization to do so. And somehow, we've gotten to the point where you're going to take $75,000 right out of my pocket. And I don't understand this, at, at all. You've been fed misinformation about certain things like potting material. I've never had the opportunity to rebut whatever information you've received on that. But, Councilman Swarner, you're, you're mistaken in saying that we miss -ordered this material and, and didn't do the proper thing. We do the proper thing. Because bare root material, bare root plants are simply that. You're not shipping dirt. You're shipping bare root materials that have to ship in the spring. If they don't ship in the spring, they must be potted. Whether we pot them here or they pot them down there. WILLIAMS: Mr. Green. I think, the problem we face, of course, is that we don't know... 1 TAPE CHANGE. ...we don't know all of the facts, both sides of the issue pertaining to the whole issue of the total amount, the 544,000 and I think that what we're trying to do here is put the $475,000 on the table now. And at some point in time, I think you'll agree with me, we don't know what the final cost of this whole thing is going to be based on this paper and tonight's meeting. Ah, for example, we have no idea what the soils thing is going to be. Not that that's related to your direct billing, but it's a part of the overall cost. At some point in time, it's been our experience in the past, we wind up setting down with some fine pencil and we start going through item by item to determine just exactly where the true costs lie. For example, in the one paragraph that we have before us that says, "the contractor kept track of the work as if it were T&M." Time and material. Keith indicates to us that he didn't make it, he did make it clear however, that we were not going to go to T&M for framing. So, what we have here is a discrepancy in, in thought. You're going to operate on a time and material basis. Keith indicates that he said, no, you're not going to operate on a time and material basis. So, therein lies the difference. That difference of opinion has to be worked out at some point, but we don't want to work it out tonight, or are we going, and all the other items that go along with that. Dozens of them. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 37 So, what we're trying to do is advance the $475,000 now and as we have done with virtually every other project the city ever gets into at some point down the road, the rest of it's going to be cleared up as to who owes who what. GREEN: I think the unfortunate part with that is, that Keith will now generate a change order that will come to my office for signature and I can't sign it. WILLIAMS: Change order for what? GREEN: For outstanding excavation that hasn't been paid for six months to the tune of $207,000. Extending excavation another $85,000 to, to finish the excavation. WILLIAMS: Well, see, therein lies another problem that we, it's hard for us to try to get to the, when you talk, the excavation. The same thing sets there. Whether or not the excavation done was really authorized or should have been done, is a, is a big question, see. GREEN: Well, I suppose that's where obviously... WILLIAMS: I suppose the Council doesn't have... GREEN: ...from your Public Works Director standpoint, at, at now, that we all stand back and it's seventy degrees and the sun is shining outside, it's real obvious to everybody, oh, geez, we shouldn't have went ahead. But unfortunately, at that particular point, there was no other alternative but to go ahead. Everybody said, well why didn't you stop work? I asked this Council to stop me. I wrote letters that, that asked, that said I was going to stop. The next thing I would get is directive to keep going. This is a "catch-22." I got trapped in a situation that was totally out of my control. We did the best job this company could do for the least amount of money we could do it for. And now the City Council is telling me that I'm not entitled to that money. That I should pay for some of the cost to build this silly courthouse over here and that's simply not fair. WILLIAMS: Yeah. No, and, you know, dealing again with the excavation work. Here we have, and I'm only pointing these out, out as examples of the whole issue. Excavation, excavation work done by G&S. G&S requests 207,889. Now, you know, according to the information we're presented, ah, our first offer back was KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 38 167,343. It only included actual costs. The second offer of 186,588 included actual cost plus 7h% and 4% for the subcontractor and the general. Half of the normal amount allowed. All right. Even if the full amount were allowed, it wouldn't come up to the full 207. So I guess what we're caught with is the figure of 207 that you want and an apparent 167 that was the actual cost. So... GREEN: The actual cost plus the subcontractor's overhead which is all within the contract. WILLIAMS: Yeah. GREEN: There's nothing that was ever added to changes or any of these numbers that isn't totally within the contract. ( WILLIAMS: But see there are discrepancies in the two numbers. That's where the difference of the 75,000 comes to. You see, the figures that the City's keeping ah, with regard to what our actual costs and overhead are different than what your billing is with regard to what the actual costs are... GREEN: Well, and I realize that and that's, Keith and I have sat down and had some conversation about this and there's been a lot of thought put into it. There's lots of other outstanding issues that have never been itemized specifically. Okay? What we tried to do was to make, to bring all these numbers into the cost numbers, true costs, I mean, I can bring the payrolls out and show you folks what it cost to do these, these particular items. I only added what is allowed by the contract. And I paid for the bond and that's the $544,000. That's the bottom line. Now, that's going to clean it up as far as the Council's concerned. That's the end of it for you. There will be no more related to contaminated soils. I'm telling you. If you guys go 475 and, and drag this thing out further, you're going to leave me no alternative. That's too much money for this company to walk away from. I simply can't do that. Four hundred and, or $544,000 wipes the slate clean. It's a done deal. There'll be no other unknowns related to that contaminated r soil. To me, that's what you would want is to finish this think. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 39 To be done with it. To get it behind us. I'd, I'd love to get it behind me. I've been wishing this for seven months and that's... WILLIAMS: What other unknowns are there though between the 544,000 and the final element? GREEN: What other unknowns? There's a $67,000 delay claim by the, by the excavation contractor which, legitimate or not, have to be discussed that's not in the $544,000. If this project runs on and on and on, there will be additional supervision costs. There will be extra overhead costs. Utility costs to run this project. Unfortunately, I didn't bring my, I didn't bring backup to list every item. There's additional home -office expense. I'm tied up on a project where I should be out bidding other work. Instead, I'm racing around producing reams of paperwork on this project. WILLIAMS: Ah, somewhere in the paperwork we're looking at an extension of the deadline on the contract. So what we're saying is that there are costs associated with the operation of the, operational costs of the project from the time it should have ended until the new proposed ending date... GREEN: Absolutely. WILLIAMS: And those are still things that are out there in front of us beyond the 544,000. GREEN: No. Those, there, there's those costs, those are real costs. Those are costs that this company will bear. They are not in the 444,000 and you will never hear from me again. I'm not going to come back to this Council and say, "Well this project ran another three months. I need additional supervision money. I need additional home -office expense. We're going to have to fight about this delay claim from the excavator." All those issues in the $544,000 are settled. It's over! They'll be no more fun and games. There's not going to be any going to court to decide who's right and who's wrong and wasting more of taxpayers money and my money. It's, it's done! It's over. I, I don't know. I just... WILLIAMS: All right. In your Paragraph No. 4 of your letter dated ah, June 8, you said an extension of the contract time will be needed to be, will be, will need to be negotiated. Have you got a final date? KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 40 GREEN: That's since been addressed. KORNELIS: Item D, ah, Attachment D of September third... SWARNER: Mr. Mayor, when was the first date, the original date? KORNELIS: August... GREEN: Our original schedule showed it in June. SWARNER: June. KORNELIS: Yeah. But then we, 37 days beyond that cause we, that period of time that we... WILLIAMS: Right. September thirtieth... f, KORNELIS: ...stopped the work, was 37 days, so... WILLIAMS: So September 30 is the final date. All right. GREEN: I just think that it would be ... we're not going to have to go, me sit before you folks and Keith sit over there and we go through every item, item by item, and address the merits of each one individually at this point would take days to accomplish. I, I don't know. Ah, I feel, I feel like the offer of $544,000 was some, some real sincere giving on our part to settle it. To get it over with. I want it, I want it over with. Because of that, I'm willing to give up thousands of dollars frankly. But, I can't give up $75,000. Can't do it. I've already given up a lot to get to the 544. WILLIAMS: All right. Council understands, of course, that all of this money that we're spending from the Airport Fund is going to go into litigation. As, as I understand it, this is the part of the, of the program that we turned over to the Attorney General's office for litigation of these funds from whoever may be responsible? GRAVES: No. That's... WILLIAMS: This is not part of that litigation? GRAVES: The litigation regarding collecting damages from, from �^ former lessees and other PRP's is our responsibility to pursue our claim. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 41 WILLIAMS: My understanding the Attorney General was going to... BROWN: We're going to work together. GRAVES: We're going to cooperate with the Attorney General's office, but we do not turn over the responsibility to pursue those claims to the Attorney General and my office is continuing to move along those lines without getting into details. WILLIAMS: Right. Pursue that ... right. The act, the numbers that we're dealing with here, the 544,000 or 475,000, will become a part of whatever we seek, along with everything else probably... GRAVES: That money the Airport Fund pays to remedy to the contaminated soils will be damages that will be pursued from the former lessees and PRP's... WILLIAMS: Whatever they might be. GRAVES: ...whatever they might be. Right. WILLIAMS: Well, I think that's the point I'm, I'm trying to bring to Council's attention. Whatever monies paid on behalf of this project from the Airport Fund, will in all probability be a part of future litigation. GRAVES: Right. We're going to pursue former lessees or PRP's who we think are responsible and try to collect monies paid to the contractor. WILLIAMS: Councilwoman Swarner. SWARNER: Well, Mr. Mayor, I just, in regards to the contractor's comments about the plant materials, I'm looking at Page 3 of Keith's letter and where he talks about further discussions on leaves and plants (inaudible) That's my... GREEN: That's, that's correct, Mrs. Swarner... SWARNER: I mean, that's why I thought that you did have ample time. GREEN: Yes ma -am. We did, we knew a change was coming. We, we assumed there was one coming. But, we cannot operate on assumption. We can't do that. We have to operate on our KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 42 contract. I can't not order something. Six months later we get a change order to Dot do that. We just can't operate like that because it'd be like, well, we might take the furniture out, so I don't order the furniture. But then the change never happens and now I can't finish the project. Do you understand what I'm saying? SWARNER: Yes, you're saying that we didn't give you a change order. GREEN: I had, I had no written direction not to order this plant material. To this day, I have no written direction not to order the plant material. It was never given to me. We talked about it. There was lots of things talked about. But never anything in writing. Keith, am I correct in saying that or am I off base? KORNELIS: Yeah. Basically ... If you read on through here it says there was verbal ah discussions about it. But, the Alaska Court, or the, yeah, the Court System took some time to consider about deleting it. But the formal, I think the thing that kind of bothered me, there was a formal proposal, everybody knew we were going to deduct some, some, some of the landscaping and there was a formal proposal for deducting the landscaping given to G&S on April, April second and it just happened that in our weekly meeting on April 22nd, they said they could give us a credit but the credit was only for the labor because they, the day before it shipped all the plants. Ah, it's, it's no real big, big item of this thing because we're only a thousand dollars apart, I mean between the two of us. There's only a thousand dollars and I think the 4500 was an estimate anyway. GREEN: Right. KORNELIS: So, there's no huge difference there. It was more of the idea that we did not coordinate and ah, the Court System is part to blame and I suppose I am too and the subcontractor and contractor. But, if we could have stopped it back at the vendor, we could have done something such as deleting a portion of that to take care of the potting itself and there would never, therefore there wouldn't be any expense. But, we do have the plants here. They are potted. So ... there's another alternative too which I've been thinking about. We could take this credit of, of ah $7,800 which would give us a credit on the project and take the plants and Parks & Rec could use them for something. That's another alternative. KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 43 SWARNER: That doesn't still help use retrieve the difference of his offer and our offer. KORNELIS: Yeah. It's so close. It's just a thousand dollars difference. WILLIAMS: All right. Mr. Green, there's one other matter. A minute ago you said that ah, the excavator's claim of $67,205 would be "dealt with at a later date." GREEN: What, what I'm saying is, is the $67,500 is in this claim of 544. Now, whether I pay that excavator anything for that, that's going to be my worry. WILLIAMS: All right. GREEN: I'm not going to later come back to you and say "I need another $67,000 to satisfy the excavator's claim." WILLIAMS: All right, then, to make it perfectly clear, the $67,205 will not come back as a charge to the City... GREEN: No... WILLIAMS: ...at some point in time. GREEN: ...it will not. It's, that's going to be as part of the $544,000. Whatever I negotiated with my subcontractor. WILLIAMS: Okay. GREEN: Are you people confused on that, do they understand about the $67,000? The delay claim? His, his claim, whether it's legitimate or whether it's not, isn't the issue. I'm going to deal with that. That's my responsibility to deal with him and his delay claim. That's part of, part of this thing is for me to do that with him. KORNELIS: What we're looking for is one number that takes care of everything. If it's ever brought up again that, that the contractor says, "we need more money because there was a delay, because of soils," no, there's no money. He's agreed that there will never be any more costs because of that. Soils doesn't have anything to do with it anymore. GREEN: It's done. KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 44 KORNELIS: The only thing that would be in addition to the project would be a something that'.s not known at this time, would be a structural problem or something that doesn't have anything to do with delay claims or soils contamination or any of that business. It's all over. It'd be all over with. WILLIAMS: All right. There are two other areas that I want to discuss briefly and I, I beg the Council's indulgence. We might be able to come to an agreement here if we push this a little bit. Items 3 and 4 amounted to the additional framing and labor, ah, in which your request for one was $89,337 and.the additional steel framing labor was $18,667. Those, those are two of the items, Items 3 and 4. According to Keith's notes, you kept track of the work again on a time and material basis. Keith indicated that we were not going to go time and material for framing. (1 GREEN: Okay. Are you, well finish... WILLIAMS: Yeah. All right. Therein the lies the difference of $27,000 on Item 3 and $13,000 on Item, no, $8,000 on Item 4, roughly. Is there anyway that we can work out a, an agreement on that number? GREEN: Can I, can I explain something on the framing labor. I, I realize that it was, it's not time and material. There was no material. Material is a different issue. We're talking labor only. WILLIAMS: All right. GREEN: Labor is something that, that I can go back to my certified payrolls and show you every penny of labor that was paid towards framing. Okay. And the same goes for the, the steel fab labor. Okay? Now, I've been in the construction business for 20 years bidding framing labor. I have missed one job in that length of time on framing labor. One time have I missed. My bid was too low. Okay? One time in 20 years that I've done this and I can back that up. Okay? So, for Keith to say that my framing labor is only over a certain percentage, when I can say this is my framing labor. This is what it costs. This is exactly what it cost. We're not, there's nothing ambiguous (r- here about how much the framing labor cost. This is it. I can KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 45 show you where, where it is by certified payrolls. So, that's my cost to do that particular part of that project. And I might add too that in that eight, how much was that John? WILLIAMS: 89,337 for the framing and we're, we're offering 62,729, roughly 27,000... GREEN: Okay. The 89 thousand had a $16,000, look -into -the - future -to -finish -the -framing, okay? I can tell you now that I'm going to run over that somewhat because when I put that number together, I forgot about all my fancy metal soffits that cost me $7,500. I'm going to eat that. That's not that. WILLIAMS: For the courtroom themselves? GREEN: That's right. WILLIAMS: All right. GREEN: So... KORNELIS: Do you understand what, what I did. He's correct. He's taken, basically what happened, and by the way Dan, your letter concerning the extra, on April 14th, your letter concerning why those extra costs is part of their packet, why the framing cost you extra, the letter you wrote me... GREEN: Oh, okay. Yeah, I haven't seen this information I don't... KORNELIS: Yeah. It was all put together and sent to them. But, basically, what happened was when we started, when he started the framing, he thought he could do it for the bid price that he had in the bid. Of course that was being optimistic in the very beginning. Ah, we got toward the end and he, he had kept track through his certified payroll In the whole main time, I was saying that I didn't think, because of the experience we've had with time and material and the excavation which is now three times what it was, I wanted to try to keep it on, on the deal that it was what he actually bid in his bid proposal. The only way that I could do that and, and try to be fair was to try to get some expert advice, which I did. I called Clark Graves, who are Alaska's experts on estimating and according to their people that, and I explained the whole situation, winter work and, and the whole deal. In fact, he did do the estimate on this project for McCool Carlson. So he's very familiar with our KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 46 project. He said that in these situations and when it went to court or arbitration or whatever, usually the contractor was given twenty to thirty percent more for the framing for working under those conditions. So the first offer I used was the twenty percent. The second offer I added twenty-five percent. So, it's a little bit different way of figuring this. Dan threw out what he bid, what he had in his estimate, just threw it out completely and started with time and materials and saying I'm going to pay my men. The City's going to pay me for what I pay. I said no, we're going to hold your bid which you told us you were going to do it for, but yes there was some additional costs because of the conditions, we'll add 25%, was the second offer. Ah, so that's the difference between... WILLIAMS: All right. Now, in, in your final figure there, you have cut back your percentages of payroll cost, your overhead and profit and your two percent bonding. Have you made some adjustments in those figures in your final offer? GREEN: I can't say as I, that's not how I went at it. How I went at it was, do I have to have this? Is this particular item something that I can live without? That's how I went at it. Not, well, I'll cut my overhead and profit down on these figures. I went at it from, I'll just give up that issue, period. I'll just give up this issue, overhead and profit and cost for it. I'll just absorb those costs to settle this thing. That's how I went at that offer of $544,000. And I didn't think that under the circumstances it was appropriate for me to come in here and, and try to itemize and somehow discuss and give reasoning for every item that, that I came up, that, that made it possible for me to come up with that number. WILLIAMS: All right. I'm going to make a recommendation to Council after and I want the Administration to ah offer some comments with regards to my recommendation either negative or positive, I don't care which. If my recommendation is off, I want you to just come right out and say so. First of all, I want to thank Keith for the tremendous amount of time and labor he put into this and the overall project. This is the one that's drove him completely up the wall too. Secondly, I want to say that there's been a lot of give and take on both sides and Mr. Green has come down from originally, what was it, 601,000 or ... KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 48 544,000. Ah, personally, I think, the 475 was fair, but the Council has all the information and it's not going to hurt my feelings to go with what the Mayor's saying. WILLIAMS: And I want it understood by Keith that we're not circumventing what you've done here. I think you've done an excellent job at it. You've looked after the City's interests well. Councilman Measles. MEASLES: I agree with what you're saying now, I just one to get one thing clear in my mind and be sure that I heard what I heard earlier. If we do this, and we grant the contract the extension, barring any unforeseen additional change orders or additional problems, the contract, the extension will not cost the city any more money? GREEN: The contract, if you pay me the $544,000, the contract extension will not cost you any more money. This will be the end of the, of any claim that has anything to do with the contaminated soils. We obviously, like Keith stated, we can't guarantee that the roof trusses weren't designed right or that the floor covering is wrong, but anything that has anything to do with this delay is over. It's a done deal. WILLIAMS: Any future change orders that we might see or unforeseen items such as the sheet metal duct work and things that ah, we haven't yet come upon. GREEN: Just normal construction activity. WILLIAMS: Do you see that as possible? KORNELIS: Yeah, I, I don't have a problem with it. Um, there are a couple things I'm still a little bit concerned about, but, for instance in Attachment C of Dan's letter, he talks about Nelson's estimate and I want to make Council aware of that. It says quantities of fill will be paid for unit price on actual quantities hauled and I don't know if Dan or his subcontractor has had a chance to completely go through Nelson's figures, but, that could be something that would come back unless that was settled too with this thing. GREEN: Well, that's, that's the one issue from Rozak that we, Rozak used your engineer's information to determine the quantities of soils that yet need to be removed and the quantity of soils that need to be in place. If those quantities are r KENAI CITY COUNCIL JUNE 16, 1993 PAGE 47 BROWN: 655... MEETING MINUTES WILLIAMS: 655,000 to 544,000. That must have sucked up a lot of overhead and profit and ah, thirdly, we've come up from our original 400,000 or what was our original? KORNELIS: 372... WILLIAMS: 372 to 475. So we've all moved. And the last point I want to make is that the difference, what we're talking about between ours and theirs, after we've both suffered, amounts to about 70 grand which is probably going to wind up in the neighborhood of 5% of the total amount of the overall cost overruns that we're eventually going to wind up looking at in the overall litigation. We're going to sue for $10 million, right? So, we're talking about 5% of the, of the damages or somewhere in that neighborhood and my numbers probably aren't right and I'm going to go on record right now and say that I'll disclaim them if they're used in court. How's that? BROWN: Sounds good. WILLIAMS: So, I'm going to recommend to the Council, and with Administration's discussions that we pay Dan the $544,810. That we don't look at his ugly face back in here again... GREEN: It wouldn't hurt my feelings... WILLIAMS: ...although he's a lot better looking than I am after all his health problems, ah, that we move on with this project and that ah, we hope that it comes out. Five percent is not going to make or break this project, but I think we've both come a long way in moving back and forth and that's my recommendation. Let's pay him the $544,810 and move on. MONFOR: Okay, we have a motion on the floor, so we need to... WILLIAMS: I know that. I know that. That's not an official vote yet. It's up to the Council. Ah, some comments from the Administration with regard to those... BROWN: I won't object to it. I think, I think that Keith's offer was fair. Um, I think it's been turned over to the Council now and I, I'm not going to voice an objection to going with the KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 49 incorrect, whether they're too much or too less, that's going to be the Council's responsibility. That's, your engineer made that estimate. Is that they way you see that Keith? KORNELIS: Yeah, ah, it's a little bit, it's pretty complicated because we're talking a lot more than just fill material. We're also talking storm drains and um, some of the other items... GREEN: Keith, he's agreed to do everything remaining to be done except for quantities of fill. WILLIAMS: be clear in that. Everything remaining to be done will be done except the specific quantities of fill that may be required. GREEN: The fill that's in that estimate is an assump..., the engineer has made an estimate of how many yards of material have yet to be moved. Correct? KORNELIS: That's correct... GREEN: We have included that in our price. If you're engineer's right, you won't see my face again. WILLIAMS: If our engineer is wrong, that's not your responsibility. GREEN: If he's wrong and it's 5,000 yards in your favor, you'd want see my face again. If it's the other way, you probably won't. VOICE: But we will see you if it's the other way. GREEN: I don't see how we can do it any other way than that. That's quantities and material that your, your people have estimated. That's a very complex issue and you can verify that with your Public Works Director that that estimate was not an easy thing to come up with. KORNELIS: Well, we paid $2,500 for something cause we had to do a lot of surveying in there. I was very concerned because, as you can see, from the, from the contractor's first proposal, there was a $140,000 in there and I, I didn't think there was that much work remaining. So, and that was, by the way, originally the subcontractors amounts. The general contractor's proposal would have normally been, would have been 151,000. But, KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 50 it was my position that yes, there was a lot of excavation done under cold weather conditions and we had to accelerate that because of the water table, because of the basement and everything else, so we have a lot of overtime. We went, very justified, that we went to time and materials back in the beginning when the project started. This particular time we have the best weather we've ever had so I, I felt to continue on time and material would not be the best way to go. I think maybe that was, I don't know how this number came out, the 140, but at that point, I felt we should get a exact quantity out there. Go out and survey it and make sure we knew exactly what was there, what work had to be done and pay the contractor based on his bid amount times the percent remaining. And that's where we came up with the 85,000 is that we went out and actually did a real, Nelson & Associates, did a, took a survey crew out and we figured out that if we took what he bid, which was 300,000 and some thousand, multiplied that by times the percent remaining, that was what the actual figure. It got quite.a bit complicated, more complicated, because there's about 25 items, including water, sewer, storm drains and all that. So we had to take the percent remaining on each one of those items and um, what Dan is saying is that if the engineer made a mistake on the quantities, then we may have adjust a little bit. GREEN: Either way. KORNELIS: And it gets more complicated because down to a certain elevation, it's part of the building bid, and roll that amount, there was a unit price, but all that can be worked out with the engineers. WILLIAMS: Okay. At least we have that understanding. Everyone understands that. Councilman Measles. MEASLES: Could I ask the Clerk to read the motion back. FREAS: I'll have to find it first. Um, Councilwoman Monfor moved to pay the $475,000 and Councilman McComsey seconded it. MEASLES: Okay. WILLIAMS: Councilman Measles. KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 51 MEASLES: I would like to amend the motion so that it reads $544,810 as per contractor's last offer. WILLIAMS: It's been moved and seconded to raise the figure to amend the motion to $544,810. MEASLES: That, that all the statements that have gone on the record tonight be remembered. WILLIAMS: Yes. KORNELIS: Charlie, help me out on this a little bit, but the method that would be done then, I would recommend then, is we would do a change order based on what you have all approved here ah, and incorporate actual payment for the part of the work that is done at this point as part of the pay estimate that you are, you've already, well, you're approving tonight also. But future work would be based on the quantities, the excavation quantities. That 85,000 amount. We wouldn't pay that 85,000 this week, or as far as the pay estimate, it would be done after, after the work's done. Not before the work's done. Is that correct? Is that the way to go? BROWN: Yeah. GRAVES: We would want to do a settlement agreement to go along with the change order outlining the details of the settlement. GREEN: Did I understand, you're going to pay me then tonight, you're going to agree to pay me and authorize payment for all of this money except for the excavation that's remaining. Is that what I heard? MEASLES: No, no, no. We're authorized the payment of the $544,810 that you asked for to settle everything. GREEN: Okay, but, but there's work, Keith is correct in saying that there's work of eight -some thousand dollars that we haven't done. MEASLES: Right and you would not actually get, get paid for that. We're authorizing it tonight, but you would not get paid for that work until it was done. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 52 GREEN: Okay. What about the difference between the 544 and the 87, will that be authorized to be paid so that, I don't know if I'm making myself clear. There's... MEASLES: Anything that has been done and is complete up to this time will be paid with this authorization. GREEN: Will that be part of that pay estimate that's before you tonight? BROWN: Well, that pay estimate's already been approved. GREEN: So what that means is that I have to wait until your next council meeting which I believe is three weeks before I can be paid for any of that $544,000. WILLIAMS: No. MONFOR: No. MEASLES: No. KORNELIS: I think that they could approve, I mean, they can go back and add that in at any time I would think. BROWN: If, if Council wanted, assuming this passes, Council could make another motion to authorize the City to work with you, approve a pay estimate, and it could include $544,810 minus an agreed upon amount that is not yet been completed. We don't, presumably we would subtract 85,000 from that. GREEN: That's what it would be. BROWN: And then we could work through the retainages and all that. Council knows the routine. If that's the intent, they could make a separate motion. MEASLES: Yeah. A separate motion that would also include what Cary said about a settlement agreement that spells out... BROWN: Okay. WILLIAMS: In actual dollars, it's somewhere around 450,000 in actual cash. GREEN: That I can contain ... that'd be great. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 53 MONFOR: Mr. Mayor, I'd like to call for the question on the amendment before this gets anymore cloudy. WILLIAMS: Yes, please do. MONFOR: I call for the question on the amendment. WILLIAMS: Oh, call for the question on the amendment. All right the question's been called for. Clerk will call the roll. FREAS: Williams? WILLIAMS: Yes. FREAS: Bookey? BOOKEY: Yes. FREAS: Swarner? I^^ SWARNER: No. FREAS: Monf or? MONFOR: Yes. FREAS: Measles? MEASLES: Yes. FREAS: McComsey? MC COMSEY: Yes. WILLIAMS: All right. The amendment passes ah $544,810, ah, shall we call the main motion now. MONFOR: Call the main motion. WILLIAMS: Call the main motion. Clerk will call the roll. FREAS: Williams? WILLIAMS: Yes. FREAS: Bookey? I ^� KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 54 HOOKEY: Yes. FREAS: Swarner? SWARNER: No. FREAS: Monfor? MONFOR: Yes. FREAS: Measles? MEASLES: Yes. FREAS: McComsey? MC COMSEY: Yes. WILLIAMS: Okay, now we can look at the clouds again. MEASLES: Now, see if we can clear up the facts. I would move that the Administration be authorized to meet with Mr. Green, Administration to include the City Attorney, and the payment for completed work to this point be authorized upon the satisfactory completion of a settle agreement, settlement agreement as per the discussions here tonight. MONFOR: Second. MEASLES: Future... MONFOR: Sorry... MEASLES: ...work that has not been completed at this time would be approved for payment upon completion within this total amount. Now you can say it. MONFOR: Second. WILLIAMS: All right. We have a motion and a second to the motion stated the Clerk... Councilwoman Swarner. SWARNER: I have a question. Which funded, funds would these monies come from since we don't know if we have the state grant yet, right? KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 55 MEASLES: Beautification. SWARNER: No, there's no money in there to buy the trees (laughter). WILLIAMS: I believe they're coming from the Airport, is that correct, the Airport Lands Fund? BROWN: Yeah. Whatever we, if we don't get the state grant, it's going to come from the Airport Fund. Ah, I've been assured that the Governor's going to sign that. Now... SWARNER: Wait till the check comes... BROWN: As, as of Friday, Mike Navarre was saying it will be signed. I hope he's right. But regardless, regardless of whether we get the grant, we entered into a contract with the Attorney General's office that we will finish this job. So, we have to honor that agreement. WILLIAMS: The only way we're going to survive is with another... All right. Ah, the motion then is moved and seconded. Further discussion on the motion? Seeing none, the Clerk will call the roll. FREAS: Williams? WILLIAMS: Yes. FREAS: Bookey? BOOKEY: Yes. FREAS: Swarner? SWARNER: No. FREAS: Monfor? MONFOR: Yes. FREAS: Measles? MEASLES: Yes. FREAS: McComsey? KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 56 MC COMSEY: Yes. WILLIAMS: All right. Now, with any luck at all, that should put the majority of all the problems regarding the courthouse behind US. END OF ITEM. BREAK TAKEN: 10:43 P.M. BACK TO ORDER: 10:50 P.M. 3-5. Discussion - Airport Commission Recommendations. Williams referred to a memorandum included in the packet. McComsey asked if the City paid for the car rental stalls to be built at the terminal. Ernst stated yes, they were part of the terminal package. Ernst added the car rental agencies feel the glass partitions extending the wall to the ceiling will allow them more privacy between businesses. Ernst added the agencies feel that too much can be heard from one space to another and it is hurting their business. Ernst stated the agencies estimated a total cost of $500 to add the glass. Dan VanZee, Hertz Car Rental - VanZee stated he received an estimate from Doors & Windows approximately five months ago. It is for ;" safety glass to be placed from the top of the partition to the ceiling, for $90 for each partition. McComsey stated the car rental agencies at the Anchorage airport did not have partitions at all between businesses. VanZee stated their counters are approximately 20 feet long and allows more space for privacy. VanZee added they have no way to talk to a customer or employee without the conversation being heard by other adjoining businesses. Swarner stated the Anchorage counters are close together and do not provide privacy either. VanZee stated their counters are 20 to 30' long and allows 15' or more between competitors. Swarner asked VanZee if they were willing to pay for the placement of the glass. VanZee stated no, he did not think so. VanZee added he feels that his lease allows him the right to enjoy the peace and quiet of the lease. VanZee added he thinks it is a design flaw. VanZee stated the booths are too small, too close together, and there are too many of them. VanZee stated there have been other KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 57 improvements made at the airport and the city has paid for them. VanZee stated he did not think this cost was too large for the city to pay. Williams stated last year the car rental agencies paid the City $110,000. Williams suggested the $500 cost would be okay for the city to pay. Councilwoman Monfor (LOVED that the car rental booths have glass partitions installed between each rental booth and the city will pay for the cost. Councilman Bookey SECONDED the motion. VOTE: Smalley: Absent Williams: Yes Bookey: Yes Swarner: No Monfor: Yes Measles: Yes McComsey: Yes NOTION PASSED. Discussion continued regarding the recommendation of the Airport Commission to eliminate the vehicular service road from the east side of the airport apron. (LOTION: Councilman McComsey MOVED to eliminate the vehicular service road from the east side of the airport apron and Councilman Measles SECONDED the motion. Brown stated this issue has come up a number of times and has been discussed with Ernst and himself. Brown stated he is adamantly opposed to the elimination of the road. Brown added it is needed for safety reasons. Brown requested, at the minimum, Council delays their action on this vote until the new city manager comes on board for several months for a fresh look at the issue. KENAI CITY COUNCIL DUNE 16, 1993 PAGE 58 VOTE: MEETING MINUTES Measles called for the question. Smalley: Absent Williams: No Bookey: No Swarner: No Monfor: No Measles: No McComsey: No XOTION FAILED UNANIXOUSLY. . -'_. Y.W40 _ Y. _ _ I-1. Mayor a. Work Session - Williams requested a work session be scheduled with the Council, Planning & Zoning Commission and Townsite Historic Task Force. A work session was set for June 23, 1993 at 7:00 p.m. in Council Chambers. b. Evaluations - Williams requested evaluations of the City Clerk and City Attorney be set for July 7, 1993 in an executive session. C. AML Conference - Williams requested payment of $4,000 to AML for travel costs as discussed during budget work sessions, etc. be readied for the next council meeting. Williams added the EDD has agreed to act as the broker of the AML Committee. Williams requested Administration to transfer the $4,000 from the City to EDD as the City's share of the conference costs at the next meeting. d. Thompson Park - Williams asked Kornelis what the progress is on the bidding of the Thompson Park trunk line. Kornelis stated he will speak with Wince-Corthell-Bryson. However, it should be getting close. e. Animal Control Shelter - Williams requested Administration to generate a request for proposal for a new animal control shelter design and construction in order to include this information in backup materials for the City's request for CIP funds from the legislature. Williams requested the proposal stipulate bid -ready plans before the end of December. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 59 Kornelis stated he has several designs from the National Animal Control on file. Kornelis stated an architect will still be required to adapt the building to our site. Kornelis was asked if staff could do this adaptation work. Kornelis stated a licensed architect is required to be awarded grant funds. f. Test Well - Kornelis stated he will go to either one vendor or bids. 1-2. city Manager No report. I-3. Attorney Graves reported he will file a complaint on Coyle's Landing for not paying bed tax unless Council objects. There were no objections. 1-4. City Clerk No report. 1-5. Finance Director No report. I-6. Public Works Director No report. I-7. Airport Manager No report. ITEM J: DISCUSSION J-1. citizens Teresa Werner -Quads - Quade stated she is a member of the Airport Commission. At their last meeting the Commission voted to eliminate the vehicular service roadway at the east side of the main apron. Werner-Quade stated she abstained from voting because she believed the Airport Manager Ernst is best p g qualified to make that type of safety and liability decision. Werner-Quade KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 60 added she did not believe the commissioners should be made to vote on.a matter of such high safety liability without first having extAnsive study and input from professionals in the business. Werner-Quade stated such voting results in undermining Ernst's position as airport manager, a job for which he has been hired and for which the city has placed confidence in him to do. Werner--Quade added as a member of a volunteer group, she did not feel that she was in a position to decide traffic liability issues between land vehicles and airplanes at the Kenai -Municipal Airport. Werner-Quade distributed a copy of her comments to Council and Administration. Williams thanked Werner-Quade for staying throughout the lengthy meeting to state her comments. Measles stated the Council, through their action, cleared up the discussion and have directed Ernst not to eliminate the road. Dean 8ichhols - Alaska Flying Network. Eichholz stated he brought up the road issue to the Commission last October. The issue was tabled because of a problems with Kenai Fuel Service. Those problems have been resolved. He was directed to bring the discussion back to the Commission as that was the chain of command. Eichholz stated he brought the issue forward in October because he is a pilot at the airport and spends a lot of time on the ramp and is also on the Board of Examiners. Eichholz stated road has made animosity between the users and the Administration. Eichholz stated his objective was to remove some of the conflict. Eichholz stated the problem was brought to his attention from helicopters, airplanes and private jet use. Eichholz stated he believed it was a valid issue and thought it was brought to the Commission's attention properly. Eichholz stated he was sorry the council did not discuss it further before taking action. Eichholz stated he understood that items for discussion should be brought to the Commission and they recommend action to the Council. Dan Pitts - President, Kenai Airport Fuel Service. Pitts stated he supports the movement to abolish the road. Pitts stated he believes it a safety issue as the road runs across the passenger service area. KENAI CITY COUNCIL MEETING MINUTES DUNE 16, 1993 PAGE 61 Pitts stated as President of the Fuel Service, he wanted to go on record as saying this is an unsafe situation. Pitts added whatever presentation Council has heard, the Airport Commission has discussed it a lot. Pitts stated the Commission voted for removal of the road twice because it is a safety issue. Pitts stated he could not understand why a service road goes through a fueling area. Pitts added they are back in business and they appreciate that. Pitts added they have been on unfriendly terms with the Administration from the beginning. Pitts stated they are trying to relieve the conflict. Williams asked Ernst how long it will be before there is an FAA update. Ernst stated the draft update is already out. They speak only to how the road is lined, but the location is up to the specific airports. Williams asked if FAA would allow traffic engineers to review this issue. Ernst stated he has discussed the issue with Patty Sullivan, AIP CE and kept her informed. FAA requires they maintain a minimum operating standard and they believe the service road is part of the safety standard for the airport. Ernst stated the roadway is in front of the terminal building. It is used to get baggage from planes to the baggage claim. Users are aware the passengers have the right of way. The alternative would be to have the planes right beside the building and that would be worse. Ron Geocke - 1078 Juniper Court, Kenai. Stated he did not agree with the council's decision in regard to Inlet Woods. Geocke stated he felt the who thing was put together prior to McLanes coming before Council tonight and they had it all bagged. Geocke added someone will have to do some hard convincing for him to feel otherwise. Geocke also discussed the decision in regard to building a new elementary school or renovating Kenai Elementary. Geocke stated he felt a new school will be more expensive and he does not think there is anything wrong with the old school. Geocke added he understood the only real thing wrong with Kenai Elementary is the playground is too small. Williams stated the problem with the old school is there is nothing wrong with it that $4 million could not fix. Williams stated his concerns that the school will soon be filled and there KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 62 will be no way to build another new school. Williams added there is a good possibility the construction will not be funded. Geocke again stated Kenai Elementary should be renovated instead of building a new school. Monfor stated it would be foolish to not support something that the School District wants to do. The School Board decides what is best for the schools. Monfor added she does not disagree with the renovation of Kenai Elementary, but the discussion is now out of their hands, so the city should support the decision made by the School District. J-2. Council Bookey - Asked Kornelis when Main Street would be reopened. Kornelis stated the traffic lights were placed and the State had monies left with which they could repair the streets, taking out bad material, etc. Kornelis believed the road should be open tomorrow. The City will only have to replace the sidewalk. Swarner - a. Reported she would not be at the next meeting as she will be in Cordova to attend a Legislative Affairs Committee meeting, July 7 to 9, 1993. b. Reported there are junk cars at the Spur Motel and in the shop area. Kornelis stated the junk cars in the shop area could be hauled away. Monfor - The Chief Executive Officer of the Boys' & Girls' Club will be in Kenai on Saturday. If anyone would like to meet with him, please inform Monfor or Greg Williams at the Boys' & Girls' Club. Measles - Asked if there was a reason why no bids were received for the radio maintenance contract. Chief Morris stated Southcentral was contacted after there were no bids to open. They had forgotten about the bid opening, but had a bid ready. Borealis received the bid specifications, but did not bid. MaCcasey - Asked how many people are paying bed tax now. Brown stated everybody except for King's Inn and Sue Wright has not filed. Wright told Brown on the phone that she did not collect any bed tax and did not file. Brown stated he told Wright she still had to file. Brown stated Merit Inn paid and a claim has been filed with the Bankruptcy Court for King's Inn. KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 63 Graves reported he has asked the Bankruptcy Court to order King's Inn to pay bed tax owing subsequent to the bankruptcy filing. Williams - Reminded Council to attend barbecue at Torgerson's in regard to the AML Conference. EXECUTIVE 8888IGN - City Clerk and City Attorney Evaluation&. Postponed until July 7, 1993 meeting. The meeting adjourned at 11:44 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk 1781-1881 r,-1 CITY OF KENAI 210 FIDALOO KENAI, ALA8KA 9M1 TELEPHONE 283 - 7535 FAX 907-283.3014 July 28, 1993 Kenai Peninsula School Board Kenai Peninsula Borough School District 148 North Binkley Street Soldotna, AK 99669 At its regular meeting of June 16, 1993, the Kenai City Council discussed whether to support the construction of a new elementary school in Kenai or the renovation of the existing Kenai Elementary. Through the discussions, it was pointed out the School Board's decision was to request funding to build a new elementary school adjacent to Sears Elementary School in Kenai. Some of the reasons for this decision was because the state funding hopefully will cover 70% of the costs and because the amount of student capacity of a new school will outweigh that of the existing Kenai Elementary. The Kenai City Council supports your decision to request the funding to construction a new elementary school in Kenai. _ r- John JJW/clf /t-/ M` Williams N Y • N U « w y Y « w'ti # N N H « Y w Y « # « w N « w w « Y w w Y M Y w E w w O N N N t N N N w N N w Y Y « N « N # « « Y Y w w Y w N Y w « M M w N Y w Y y y « N M pd H N Y a y Y N y Vp7 Fy 1O.1 M Y w Y p. C7 (•j D~ H H E H F N N E M U is0 w o w pq m an m an no p. a y. ..a yq ba a ►�-� r�r ..x. .•�-� r 9C CDo F a '°4 N N U p! Y w N w Y « Y w M # w « N N M N N N « w « N N w w Y « « w F « w Y PO N �.• Y y y y y y y y y y y y w E Y a A O A A O C. 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O O U m O a O O e F 7st Y m« cm i bi+ wii a S r M CC, M N n. U rs w >« .IC .e m a u A m V' � Y/ sa. a a a a Suggested by: City of Kenai ORDINANCE NO. 1552-93 Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $95,172 IN THE CAPITAL PROJECT FUND ENTITLED "AIRPORT SAFETY/SECURITY GATES". WHEREAS, the City of Kenai has received a grant from the Federal Aviation Administration to replace existing safety/security gates; and WHEREAS, because the lowest bid exceeded project estimates, the City has applied for another grant in the amount of $85,068 and has divided the project into two phases; and WHEREAS, the City has further requested a grant increase to the existing grant (phase I) in the amount of $10,104; however, the timing of the grant increase is doubtful, and the City will temporarily finance the proposed increase with City money. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Safety/Security Gates Increase Estimated Revenues: FAA Grants $79,751 State Grant 2,658 Transfer from Airport 12,763 Increase Appropriations: Phase I - Administration $<2,600> Phase I - Engineering <2,376> Phase I - Construction 15,080 10,104 Phase II - Inspection 2,376 Phase II - Construction 82,692 85,068 5 7 Ordinance No. 1552-93 Page Two Airport Land System Increase Estimated Revenues: Appropriation of fund balance $12,763 Increase Appropriations: M & O - Transfers out PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: July 7, 1993 Adopted: July 21, 1993 Effective: July 21, 1993 Approved by Finance: (6/24/93) kl ,`'"'N Suggested by: Administration City of Kenai NO. 1553-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA DECREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $13,975 IN TWO SENIOR CITIZEN FUNDS. WHEREAS, at the time the City budget was approved by Council, the grant awards for the Council on Aging Title III fund and the Kenai Peninsula Borough Senior Citizens fund had not been approved. The City budget reflects the amount that we requested in the grant proposals. Since that time, grant awards have been approved by the State of Alaska, the Kenai Peninsula Borough, and the United Way; and WHEREAS, the Council on Aging Title III fund is $5,297 less than the City budget, and the Kenai Peninsula Borough Senior Citizens fund is $8,678 less than the City budget, after providing $4,188 from Fund Balance; and WHEREAS, these budget shortfalls will cause a reduction in work hours for a driver position, resulting in a loss of medical benefits. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases (decreases) be made in the following funds: Council on Aging - Title III Fund Estimated Revenues: State Grant USDA Cash In -Kind Rent Appropriations: Access - Salaries Access - Leave Access - Medicare Access - PERS Access - ESC Access - Workers Comp Access - Health /T.. Access - Supplemental Access - Rentals Retirement $ <3,989> <864> <444> < 97> <629> <5> <9> <24> <3> <49> <1,200> <25> <222> <2.166> 9— � 11 Ordinance No. 1553-93 Page Two Congregate Meals - Salaries 4,595 Congregate Meals - Medicare 66 Congregate Meals - Social Security 285 Congregate Meals - ESC 23 Congregate Meals - Workers Comp 240 Congregate Meals - Operating Supplies <2,868> Congregate Meals - Rentals <222> 2.119 Home Meals - Salaries <740> Home Meals - Leave <15> Home Meals - Medicare <10> Home Meals - Social Security 71 Home Meals - PERS <74> Home Meals - ESC <3> Home Meals - Workers Comp <86> Home Meals - Health <3,600> Home Meals - Supplemental Retirement <76> Home Meals - Operating Supplies <717> <5.250> Total <5 97 Kenai Peninsula Borough Senior Citizens Fund Estimated Revenues: Appropriation of Fund Balance $ 4,188 Kenai Peninsula Borough Grant 22 Miscellaneous Donations 1,100 United Way Grant <13.988> <8 67 > Appropriations: Salaries $ <5,744> Medicare <83> Social Security <356> ESC <29> Workers Comp <300> Operating Supplies <1,766> Repair & Maintenance <500> Miscellaneous 100 < 678> PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 1993. JOHN J. WILLIAMS, MAYOR Ordinance No. 1553-93 Page Three ATTEST: Carol L. Freas, City Clerk Introduced: July 7, 1993 Adopted: July 21, 1993 Effective: July 21, 1993 Approved by Finance: c 4 Q (6/25/93) kl Suggested By: Administre___.. CITY OF KENAI ORDINANCE NO. 1554-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.290 ENTITLED, "APPEALS - BOARD OF ADJUSTMENT." WHEREAS, procedures for filing an appeal of the administrative official or the Planning & Zoning Commission require amendment to better define the appeal directions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.290 be amended as follows: 14.20.290 appeals - Hoard of Adjustment: (a) Appeals from decisions of the administrative official or the Commission must be submitted in writing to the City Clerk within thirty (30) days of the decision. The aRneal 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 hold a hearing on all appeals within thirty (30) days of the filing of the appeal. Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at 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 showing its decision, the reasons for its decision, and the vote of each member upon each question. Said minutes shall be made a public record. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 1993. ATTEST: Carol L. Freas, City Clerk John J. Williams, Mayor Introduced: July 7, 1993 Adopted: July 21, 1993 Effective: August 21, 1993 Gi - 6 Suggested by: Administration City of Kenai ORDINANCE NO. 1555-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $16,533 IN THE GENERAL FUND AS A RESULT OF RECEIVING THREE LIBRARY GR MS . WHEREAS, in January, 1993, the City of Kenai received a State of Alaska grant through the Kenai Peninsula Borough for $10,000, and the City has previously appropriated $8,500 of that grant; and WHEREAS, the City has received a $7,000 grant from the State of Alaska for services to Wildwood Correctional Facility; and WHEREAS, the City has received an $8,033 grant from the State of Alaska for library books. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State (KPB) Library Grant $ 1,500 State Library Grants 15,033 $16,533 Increase Appropriations: Library - Salaries $ 5,704 Library - ESC 29 Library - Workers Comp. 30 Library - Medicare 83 Library - Social Security 354 Library - Transportation 360 Library - Books 9.973 $16,533 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 1993. JOHN J. WILLIAMS, MAYOR Ordinance No. 1555-93 Page Two ATTEST: Carol L. Freas, City Clerk Introduced: July 7, 1993 Adopted: July 21, 1993 Effective: July 21, 1993 Approved by Finance: rs (6/28/93) kl Suggested by: Adi.u,uauau.... CITY OF KENAI ORDINANCE NO. 1556-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE BY ENACTING 23.40.140 AND 23.40.150 AND AMENDING 23.40.130. WHEREAS, the United States Congress has enacted the Family and Medical Leave Act of 1993; and WHEREAS, the State of Alaska has enacted legislation substantially similar to the Family and Medical Leave Act; and WHEREAS, the personnel code of the City of Kenai needs to be brought into conformity with the state and federal requirements; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT KMC 23.40.130 is amended and KMC 23.40.140 and 23.40.150 are enacted as follows: 23.140.130 [MATERNITY LEAVE: (A) IMMEDIATELY PRECEDING AND FOLLOWING CHILDBIRTH, AN EMPLOYEE IS ENTITLED TO TAKE A TOTAL OF NINE WEEKS LEAVE. THIS LEAVE WILL BE CHARGED FIRST TO ANNUAL LEAVE AND IF THIS IS INSUFFICIENT TO LEAVE WITHOUT PAY FOR THE BALANCE OF THE PERIOD OF NINE WEEKS. (B) UPON APPLICATION AND UNDER EXTENUATING CIRCUMSTANCES, ADDITIONAL LEAVE MAY GRANTED BY THE APPOINTING AUTHORITY. A PHYSICIAN'S CERTIFICATE SHALL BE REQUIRED TO SUPPORT THE ADDITIONAL LEAVE REQUEST. WHERE A MATERNITY LEAVE OF ABSENCE IS TAKEN IN ACCORDANCE WITH THIS SECTION, THE EMPLOYEE SHALL ACCUMULATE SERVICE CREDIT DURING SUCH PAID LEAVE OF ABSENCE.] FAMILY LEAVE: (a) An employee is eligible to take family leave if the employee has ':3•J�•ll�alC�! ! W !t•1I 1:3 ITI 1011I`'!! I !U•i2-i l r11Ml I I GUT _! 1 "� _ - �� ..I 1 1�� 1 1..,• (.� ! nl; ! _!.l1,•. !� �1 1 ! ![ 1. la .. ��! PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 st day of July, 1993. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: July 7, 1993 Adopted: July 21, 1993 Effective: August 21, 1993 (6/24/93) Suggested by: Administrat.Lu,I City of Kenai NO. 1557-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $521,627 IN THE GENERAL FUND FOR PURCHASE OF A FIRE DEPARTMENT AERIAL DEVICE. WHEREAS, the City of Kenai desires to purchase a 951 platform aerial device for the Fire Department; and WHEREAS, funds are available for such purposes in the Equipment Replacement Reserve. 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 Equipment Replacement Reserve $521,627 Increase Appropriations: Fire - Machinery & Equipment $521,627 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of July, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: Approved by Finance: �"qQ (7/1/93) kl July 7, 1993 July 21, 1993 July 21, 1993 CITY OF KENAI FIRE DEPARTMENT 105 SOUTH WILLOW STREET Jy� u KENAI, ALASKA 99611 °4EVENTION (907) 283-7666 A .-I KENAI TO: Charlie Brown, Acting City Manager FROM: David C. Burnett, Fire Chief DATE: June 30, 1993 SUBJECT: AERIAL FIRE APPARATUS BID As you are aware, on June 28, 1993 the bid opening for the Aerial Fire Apparatus was conducted. The Department sent bid specifications to the following manufactures: United Fire Service, Inc. 5648 221st Place S.E. Issaquah, WA 98027 McPherson Supply Company 8222 Portland Avenue Tacoma, WA 98404 Simon -West Coast, Inc. 14670 Randall Avenue Fontana, CA 92355 Sutphen Corporation 7000 Columbus -Marysville Rd. Amlin, OH 43002 Of the above list, the City received one (1) bid from United Fire Service, Inc., which met full specifications without exceptions and is within the budgeted range (80, Aerial - $425,142.00 and 95' Platform - $521,627.00). I have attached the leasing program for your review. I recommend option number 2 due to early delivery. Either way the City goes (option #1 or option #2) payments will not begin until after July 1, 1995. The lease purchase contract is also attached for the City Attorney's review. I further recommend that we submit a resolution on July 7, 1993 with full recommendation for the 95' Platform. Let me know if you need any further information. attachments 1791-1991 CITY OF KENAI %_1 % %Od OaP44d4 41-a4" 1 ` _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 TO: Kenai City Council FROM: Charles A. Brown, Finance Directorecr4 DATE: July 1, 1993 SUBJECT: Fire Department Aerial Attached is an ordinance to purchase a 95' platform aerial device for the Fire Department. By Council action, the aerial was deleted from the administration's FY94 budget. However, Council directed that the City administration obtain bids for an 80' ladder and a 95' platform. The prices bid were $425,142 and $521,627, respectively. The administration is recommending the 95' platform because of greater utility and weight bearing capacity. At the time the City Council directed the administration to bid the aerial, the question of form of payment was left undecided. We were told to investigate a lease purchase form of payment. The City Attorney and I have reviewed the lease purchase agreement. Neither of us feel comfortable with the agreement. At this point, I need to explain the purpose of such lease purchase agreements as they relate to governments. The City cannot incur general obligation debt without a vote of the citizens. A time payment plan is general obligation debt. over the years, attorneys have devised "nonappropriation clauses" to allow governments to pay for capital purchases over time without legally incurring debt. The obvious purpose is to pay over time without asking for voter approval. These nonappropriation clauses are escape clauses. They essentially say that if the legislative body fails to appropriate money to make the payments, the equipment is returned to the seller and the payment plan is cancelled. Memorandum Kenai City Council July 1, 1993 Page Two Bond attorneys claim that a payment plan, with a valid nonappropriation clause, will not constitute debt. It may look and smell like debt, but it's something else. (The accounting profession has never agreed with this theory. We analyze these agreements using a "substance over form" approach. Regardless of the attorneys' opinions, material lease purchase debt is always booked as general obligation debt in government financial statements.) Cary and I do not feel comfortable with the lease purchase agreement presented by United Fire Service. This is a very technical area, and we both admit we lack expertise in these matters. If we err, we wish to err on the side of conservatism. A mistake will result in a violation of our City charter. For the nonappropriation clause to be valid and meaningful, it should truly provide an escape from future payments. We think the clause in this agreement fails that test, for two reasons: 1) It places an obligation on the City (and thus the Council) to place each year's payment in the budget. The City could never fail to appropriate the funds if it acts according to the contract. 2) Even in the case of nonappropriation (which seems impossible, based on #I, above), the contract requires 90 days notice. The City has barely begun budget work for the next fiscal year by March 31. The 90-day notice makes the nonappropriation clause meaningless. The seller requires an opinion letter from an attorney, certifying that the lease purchase agreement is authorized pursuant to constitutional, statutory, and home rule provisions (charter) and that it qualifies as tax exempt debt. Given the above problems, Cary is not prepared to make those statements. If Council wants to pursue this lease purchase arrangement further, we recommend that you retain bond counsel. Now that I've said all that, I'll restate my previous comments on this matter. A lease purchase arrangement is not financially sound. It will cost an extra $108,078 (payments of $125,941 x 5 = $629,705, less $521,627 cash price.) It doesn't make sense to me to pay 5.94% interest on debt when our latest investments earn about 3.8%. Memorandum ' Kenai City Council July 1, 1993 Page Three (Ironically, the Council just authorized early payoff on the 1980 general obligation debt because the interest rate on the debt was greater than our interest earnings rate.) If the money is taken from the Equipment Replacement Reserve, the balance will be: Equipment Replacement Reserve, 7-1-93 $ 900,000 FY94 contribution 300,000 FY94 appropriation (grader) <200,000> Fire Aerial <521.627> Balance, 6-30-94 S 478,373 r N-9 TO: Mayor and City Councilmembers City of Kenai FROM: Carol L. Freas, City Clerk City of Kena 7. DATE: July 1, 1993 RE: APPEAL - BOARD OF ADJUS211E W An appeal has been received from Mary and Jack Keck, 1201 Lilac Place, Kenai. The appeal is in regard to actions taken by the Planning & Zoning Commission during their meeting of June 23, 1993 as follows: 1. Approval of a Conditional Use Permit to place eight- plexes in an RS Zone (Lots 6-8 and Lots 10-12, Block 14 and Lots 4-6, Block 15, Carl F. Ahlstrom Subdivision). The RS Zone allows for six-plexes. 2. Approval of a Variance Permit allowing the placement of six-plexes on below -minimum sized Lot 9, Block 14 and Lot 10, Block 16, Carl F. Ahistrom Subdivision. According to KMC 14.20.290, the City Council must set a hearing date within thirty (30) days of receiving an appeal. The July 21, 1993 Council Meeting is within the thirty days and allows enough time to send the required certified notices of the appeal and hearing date. Does council wish to set a Board of Adjustment hearing date for the above -mentioned appeal for 7:00 p.m., July 21, 1993 immediately prior to the City council Xeeting? clf �h7 0" — Poon -/ O`i lCHJ/ 62, 2-7-9J, r �9a MEMORANDUM DATE: July 2, 1993 TO: Charlie Brown, Acting City Manager FROM: Keith Kornelis, Public Works Director RE: APPEAL BOARD OF ADJUSTNENT DECISION OF P&S (14.20.290) SUBJECT: RESOLUTION PS 93-23: Conditional Use Permit - 8-plexes in suburban Residential (RS) Zone RESOLUTION PS 93-24: Variance Permit - Minimum Lot si$e for 6-plez in RS Zone FOR: Council Meeting of 7/7/93 Resolution PZ: 93-23 Passed by the P&Z Commission on June 23, 1993. This resolution is a conditional use permit which would allow Dana Hannah (Footes House Movers) to place six 8-plexes in an RS Zone. The applicant plans on moving the 8-plexes from Wildwood to Iliamna Road off of Cook Inlet View Drive. The resolution or conditional use permit is needed because an RS Zone only allows up to a 6-plex. P&Z Commission stipulated that Iliamna Road had to be paved and extended to the Spur Highway. Also water and sewer has to be extended. Nearby residents, Jack and Mary Keck, are requesting an appeal of the P&Z decision. Resolution PZ: 93-24 Passed by P&Z Commission on June 23, 1993. This resolution grants a variance which allows Dana Hannah (Footes House Movers) to place a 6-plex on an RS Zone lot with only 11, 250 SF. The applicant will be moving the 6-plexes from Wildwood to Iliamna and Gerdine Way off of Cook Inlet View Drive. The Variance is needed because the code requires a minimum lot size of 12,000 SF for a 6-plex. Nearby residents, Jack and Mary Keck, are requesting an appeal of the P&Z decision. Detailed information of the proceeding, including staff reports, maps, and minutes will be provided for the Council prior to the Board of Adjustment Hearing. 0 AiL KENA1 PENINSULA BOROUGF, if' le� 144 N. BINKLEY • SOLDOTNA, ALASKA • 99669-7599 BUSINESS (907) 262.4441 FAX (907)262-1892 June 16, 1993 Kenai City Council 210 Fidalgo Avenue Suite 200 Kenai, Alaska 99611 Dear City Council Members: DON GILN. MAYOR 0 4 I. JU'V 1993 `AA ` i„� Iry ,Iz RE: Petition to Vacate the Right -of -Way and Utility Easement Government Lot 12, Section 1, Township 5 North, Range 11 West, S.M. KPB File 93-066 In accordance with AS 29.40.140, no vacation of a city right-of-way and/or easement may be made without the consent of the city council. This vacation was approved by the Planning Commission at their June 14, 1993 meeting and is being sent to you for your consideration and action. The City Council has 30 days from June 14, 1993 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. A roll call vote was taken with all commissioners present voting yes. Attached are draft minutes and other related materials for your information. Sincerely, P. i Richard P. Troeger Planning Director RPT:mes Attachments /%O�IfNZ AGENDA ITEM E. PUBLIC HEARINGS 2. Petition to vacate the right-of-way and utility easement not to exceed fifty feet in width as reserved in patent 1223473, Book 220, Page 106, KRD, and vacate the underlying section line easement. All within west boundary of Government Lot 12, Section 1, Township 5 North, Range 11 West, Seward Meridian, City of Kenai, Kenai Recording District, Alaska. Petitioner(s): Nathan 0. and Gloryann M. Baily of Kenai, Alaska. Purpose as stated in petition: Partial vacation of easements (Padgett) should be completed by the time of this application. This petition seeks only to remove the remainder of the easements so the land (Baily and Padgett) can be replatted to reflect new boundaries and divisions without unneeded easements. The petitioners were not in possession of the land when Padgett made application for the vacation, or they would have been co - petitioners. Access to properties will be accomplished without need of easements. Staff report as read by Dick Troeger PC Meeting 6-14-93 Public notice appeared in the June 3 and 10, 1993 issues of the Peninsula Clarion. Fifteen certified mailings were sent to owners of property within 300 feet and to other interested parties. Thirteen of the receipts have been returned. One mailing was returned marked "Undeliverable as addressed. No forwarding order on file." Homer Electric Association has no objection subject to reserving a 20 foot easement for an existing overhead line. The Alaska Department of Transportation and Public Facilities states, "Based on the fact we have approved the vacation to the south, we have no objection to this vacation." The Alaska Department of Natural Resources, Division of Land states, "Our agency has no objection to the vacation provided the vacation of the easement on GLo 13 is finalized." No statements of objection were received. Findings of Fact 1. Section line and Government Lot easements to the south have been approved for vacation. - 2. Conservation easement has been granted through the vacation process of easements adjacent and to the south. 3. No surrounding properties will be denied access or utilities. STAFF RECOMMENDATIONS: Approve vacation of section line easement and Government Lot easement as petitioned, subject to the following conditions: 1. Provide easements requested by Homer Electric Association. 2. Completion and filing of plat(s) to accomplish vacation of easements adjacent and to south prior to filing of the plat to accomplish this vacation; OR plats may be submitted together; OR vacation may be combined on one plat. 3. Submittal of final plat must be submitted within one year of vacation approval. 4. The City Council of the City of Kenai, has thirty days in which they may veto Planning Commission approval of the vacation. NOTE: IF VACATION IS DENIED, THE PETITIONER HAS EIGHT CALENDAR DAYS IN WHICH TO APPEAL THE PLANNING COMMISSION DENIAL. WRITTEN APPEAL MUST BE SUBMITTED TO CITY CLERK. END OF STAFF REPORT KENAI PLANNING COMISSION MEETING JUNE 14, 1993 PAGE 8 Chairman Hammelman opened the public hearing for comment. Seeing and hearing no one wishing to comment, Chairman Hammelman closed the public hearing and opened the discussion among the Commissioners. MOTION: Commissioner Knock moved, seconded by Commissioner Mumma, to approve the vacation of the section line easement and Government Lot easement as petitioned, subject to staff recommendations. A roll call vote was taken with all Commissioners present voting yes. The motion passed. KENAI PLANNING COMMISSION MEETING JUNE 14, 1993 PAGE 9 May 27, 1993 KENAI Pr=NlNr=ULA aCROUGH 1,14 N. BINKLEY • SOLDOTNA, ALASKA - 99669-7699 BUSINESS (907) 262-4441 FAX (907)262-1892 CORRECTED NOTICE OF PUBLIC HEARING DON GILMAN MAYOR Recently, the Planning Department, sent you a notice of a public hearing regarding a petition to vacate an easement within Govern- ment Lot 12, Section 1, Township 5 North, Range 11 West, Seward Meridian, City of Kenai, Kenai Recording District. Attached is a corrected copy of that notice. The correction being the addition of the vacation of the section line easement underly- ing the patent easement. Public hearing date has not changed. Robbie Harris Platting Officer 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, right-of-way and utility easement. Area under consideration is described as follows: A. Location and request: Vacate the right-of-way and utility easement not to exceed fifty feet in width; and vacate under- lying section line easement; all being along west boundary of Government Lot 12, Section 1, Township 5 North, Range 11 West, Seward Meridian, Kenai Recording District, City of Kenai, Alaska. Said easement is as set out in patent 1223473, re- corded in Book 220 Page 106, Kenai Recording District. B. Purpoge as stated in petition: Partial vacation of easements (Padgett) should be completed by time of this application. This petition seeks only to remove remainder of easements so land (Baily and Padgett) can be replatted to reflect new boun- daries and divisions without unneeded easements. Petitioners were not in possession of land when Padgett made application for vacation or they would have co -petitioners. Access to properties will be accomplished without need of easements. C. Petitioner(s): Nathan O. and Gloryann M. Baily of Kenai, Alaska. Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, June 14, 1993. commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting 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. Writ- ten testimony should be received by the Planning Department no later than Thursday, June 10, 1993. 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 (June 3 & 10, 1993.) PENINSULA CLARION 7 KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate right-of-way and utility easement. Area under consideration is described as follows: A. Location and request: Vacate the right-of-way and utility easement not to exceed fifty feet in width, along west bound- ary of Government Lot 12, Section 1, Township 5 North, Range it West, Seward Meridian, Kenai Recording District, City of Kenai, Alaska. Said easement is as set out in patent 1223473, recorded in Book 220 Page 106, Kenai Recording District. B. Purpose as stated in petition: Partial vacation of easements (Padgett) should be completed by time of this application. This petition seeks only to remove remainder of easements so land (Gaily and Padgett) can be replatted to reflect new boun- daries and divisions without unneeded easements. Petitioners were not in possession of land when Padgett made application for vacation or they would have co -petitioners. Access to properties will be accomplished without need of easements. C. Petitioner(s): Nathan O. and Gloryann M. Baily of Kenai, Alaska. Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, June 14, 1993. commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting 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. Writ- ten testimony should be received by the Planning Department no later than Thursday, June 10, 1993. 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 (June 3 & 10, 1993.) W 114 12) i -- W \AL LL TR. Sul .� Ir ; •� ' , : 01 ,mob ,.i •t: �i;�� 141 4r ! Ol1N. g z+ 4 ♦ 1 �� ryN' j, rill. I VA 'l •.� lip ..,� , a. �'� � A �sl r r „ � , i �: w.� " • w•.jJl. ,r„� �ti���) •u � .: ••� N „ . �''R y t ' � i'S, r� Yy rej 'c ,', jam.' �.� . S � ,., �/���� �r Nri •r Zi M. wl Y �• � a f � �M1...��"!^. � i �r{.1 � . • � .r �+' � c'.i r t.� DOLC 141 tR r 11 2 i I r.+.`M,Q 1 v'Ir+ �' '('A .` _ .C,, :t�` �Al'f�+l '' t` t 1i •y' . �`• • .�' 619"i"i S;�'� r;... W :2; C I N I T Y M A P.`i ��$+ r1i� L, •. �� _ r Y (�I '' +\ SHOWING APPROXIMATE LOCATION OF y'• l �! PROPOSED VACATION +I VagAm ' .eH� t' dre•tI pm ���• � ° i'•F �� .{.•. • ter_. al i sees S'4, .. •' �� SIN Vii T R,1. �rzF'e'" l..vc ��SE�•�� s x. w " `I / r/ram!• (i�(/© _� . ( N. f /• / E n tt.1 WALTER/. HICKEL, GOVERNOR Sc L �� �I D , DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES 4117 AVIATION AVENUE P.O. BOX 1%9w CENTRAL REGION — DIVISION OF DESIGN AND CONSTRUCTION ANCHORAGE, ALASKA 99519-6900 RIGHT OF WAY BRANCH (FAX 24d-9456) (907) 26&1621 June 7, 1993 Ms. Robbie Harris Platting officer Kenai Peninsula Borough 144 North Binkley Street Soldotna, Alaska 99669 Dear Mr. Harris: Re: Section Line Easement Vacation, Section 1 T5N, R11W, Seward Meridian r>' A JUN 1993 RECEIVED a� a, KENAI PENIN IDRO v PLANNING DEPT � The State of Alaska Department of Transportation Facilities, Right of Way Branch has reviewed the vacation of the above described section line easement. Based on the fact that we have approved the vacation to the south, we have no objection to this vacation. Your cooperation is appreciated. If you have any questions please contact Bill Butler at 266-1646. Sincerely, aniel W. Beardsley, R/WA Chief Right of Way Agent Central Region JS/BB/jh s, %...PG%=T%uutrnw*ddR WALTER J. NICKEL, GOVERNOR DEPARTMENT OF NATURAL RESOURCES DIVISION OF LAND SOUTHCENTRAL REGION June 1, 1993 Robbie Harris, Platting Officer Kenai Peninsula Borough 144 N. Binkley Street Soldotna, Ak 99669 3601 C STREET P.O. BOX 107005 ANCHORAGE, ALASKA 99510-7005 3456 0 AN REP KENA..11 -' L,P T. y Re: Nathan and Gloryann Baily Easement vacation Request `zLrozs`Sti Dear Ms. Harris: The Southcentral Region of the Division of Land has reviewed the request to vacate the subject easements. Mr. and Mrs. Baily of Soldotna. It is my understanding that the remainder of the easement will soon be vacated following several months of negotiations between the landowners, the Division of Parks and Outdoor Recreation and the Borough. As we discussed on the telephone our agency has no objection to the vacation provided the vacation of the easement on GLO 13 is finalized. If you have any questions about this correspondence please call me at 762-2270. /Sincerely, Mike ullivan Natural Resource Manager cc Chris Titus 10416LM 8ome3r Electric Assoc1at1o3cL9 Zac. CENTRAL PENINSULA SERVICE CENTER 260 AIRPORT WAY • POUCH 5260 . KENAI. ALASKA 99611 • (9071 293-3831 June 1, 1993 Ms. Robbie Harris Kenai Peninsula Borough Planning Department 144 N. Binkley St. Soldotna, AK 99669 Dear Robbie, Re.: Section Line/Utility Easement Vacation Request Govt. Lot 12, Sec. 1, T 5 N, R 11 W, S.M. Nathan 0. & Gloryann M. Baily, Petitioners Z34Se A p Jun 1"3 U RECEIVED r N KENAI PENIN BORO w N% PLANkING DEPT. �N iznZrovs� Please be advised that Homer Electric Association has no objection to the proposed vacation. HEA does however reserve a 20 ft. utilty easement centered on the existing overhead powerline. Thank You, Dave Bear R/W Agent ' n i`� Mbq a lam+ Co imp" PETITION TO VACATE N1�j� a �\ _, Fees - $200 non-refundable fee to help defray cost.Si'bf-edver- tising public hearing. Plat fees are in addition to vacation fee. [_] a public right-of-way dedicated by Subdivision filed as Plat No. in Recording District. [_] Utility easement as granted by Subdivision, filed as Plat No. in Recording District. ta] Easement for public road or right-of-way as set 06L in (specify type of document) as recorded in Book 1?1;20 Page to(o of the PAia Z Recording District. Copy of recorded document to be submitted with petition) [� Section line easement [t�} Submit three copies of plat or map showing proposed vacation. If right-of-way or easement were granted by document; copy of document must be submitted. Has right-of-way been fully or partially constructed? [] Yes [] No Is right-of-way used by vehicles rxor pedestrians? R] Yes [] No Is Section line easement being used for access 14 Yes [] No Is utility easement being used by utility company? [] Yes [] No If yes, which utility company? PrI ve eo iluc 8e8 W i z, eaa C,-c eA3 Sea Pu rpose oV vacation Partial vacation of easements (Padgett) should be completed by time of this application. This petition seeks only to remove remainder of ease- ments divisions without unneeded easements, Petitioners were not in poaaeaninn of land when Padgett made application for vacation or they would have been co -petitioners. *A . Petitioner must provide reasonable justification for the vacation. Petition must be signed by owners of majority of the front feet of land fronting part of street; section line easement; or easement proposed to be vacated. Each must include mailing address and legal description of his/her property. / d Submitted by: Name _ t- 1, kI C 16 r'M-W AddressP 6. r 333� �<nuat� Phone Petitio ers: Name: Name: Address: Address 0 zg Owner of GlO (Li PG: 1?,V*_0-Owner of S3,N4. property d scri tion) (Property description Name: Address: Owner of S/R9 property description) Name: Address: Owner of Property description r sets - p SIM Vs "A4&—A TR.2 ai tz i r Asakera4s e22t20 Paua iLoawias �� � E (��'. • 9 rp so as a k*w am pownwe at.a ML dle.ru* WU%rA& a ewwtra of the Lead Otte. at Aschsrat• J b"b NEW doom" la w Owwa of Leo/ ltaaa*Wara WGWWW tt arras Nat M§MM t• ON Me Of Cegtws d Jose s•1. e. A1lSi1).f t!2 ftat. 6"). as anosded by eke Aet •t July 14. LfkS k <Sf f WwawrttiWWtelthnwatheWhaef **those S. Ian atekto 1 had lows oluka hot W Net Mn tevo eewu of r. naetainins d w deice hwe hoW wet. !r tka tollostss daenrthed land: toward ltarldisa. ALawks. See. 1. Lot 12. t .. .tAa.laYd.u.t: "%a WfY.i T3a amen doswdwd worms* 3.00 Aran aawrdl4 is NO am" ow of as seer of do ' wad load. sa tfna waW..ef LO"XaMgcWat: NOW COW TL 240 the LRR = STATE! Or Al=rA. Is wwiwawn s9 tb ww", OMNXNWGRAlPL'UNQ*miokW WiawhoeadtktsaweWWsnt wweaesom dssomthaiI TO SILK AND TO MKS lks nna. W~ .iwi ell the t101s. Lewdow vat am arrWtoStow. of *beam r Tatar VN wW.4rgim twq am owd, Wtwwa W to as ho" W as•pa K Ma add Mkt — MOM aShlsw a I11 far aenai aSi aawew rate Stab tar aau- "M All"21 WSL sum"W SIMR Or oNr twwkwkw and two ledttahta sed ewe mom mw issane •r alt MEN WaW tedr etch as Nor be motgaiwd aid aalwne, — I by Of krat Seem 140146 and dedsioea d anaa si W 40 w aawuSoha d a AchoO&MN, fkt d"n or woob swww Md by Ns arthrSYr at w go" lttwi► a SMOWAew I&N the srtd AWWSL UN <N VIU=L tt U. S. G i elfh. ThaveisA- Smarrd to tlr Dow a-- a noba~ tarw snow ad wdeeda talratk -A !nephew I— it as -wawa male snows IataaaW d Ywak It ME fu3106.30L it tsaeraip a♦d resermtot, aloe. to the United Stases all Sit. tan and Oektr "meal dereaite, in the lead so pecesesd, tapeter atek the e19119 to rroerses for. Miss, dad femme she ease Accordtoe to the provisions of enid Ads of Jae 1, 1078. r This resent is ssh}est is a r&tke•et.val sus Ostend&*$ 30 toot to r WLd". !nt readvar end peilla se111ties parptaea, to be loansad &lend Itta wean Nwdas7 at Yid Land. X l�� AMR sw�� 1siS s LN vor pow, womme e. ew tdwstad satisoW afire of So Some N Last ltaensw an is � not Ms lnwwww d the An d June 41.1W tot ttL at0), had. Is LAW ceased the Old" flea mead thaw wows a he wad. Pawns W w iwl of mho Saoaaw to ss wane aVi QW00 under a hand. is elf DWWO st WmWs. as rtx nssara der et Men* :a toe "W K crLdcntraw..iwshow odaw ts><T — 3 Wsdwtnda ndmootwwow mews Macnsw Ind (p7W a:caz:.t2m. the as Drasrei SWISS of Lend Mompon.We SrFAUN mmaw SUBSTITUTE Suggested By: City Clerk CITY OF KENAI ORDINANCE NO. 1:546-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE, CHAPTER 20.05 ENTITLED, "VEHICLES - FOR -HIRE." WHEREAS, the City of Kenai desires to better define the requirements for licensing for vehicles -for -hire which operate within the City of Kenai; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 20.05 is amended as delineated on "Attachment A," which is attached hereto and made a part of this document. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 1993. Introduced: June 2, 1993 Adopted: June 16, 1993 Effective: July 16, 1993 TITLE 20 Chapters: 20.05 Passenger Vehicles for Hire. Chapter 20.05 PASSENGER VEHICLES FOR HIRE sections: 20.05.010 Definitions. 20.05.020 License Required. 20.05.030 License. -0.05.t-0 License Plates and Numbers. 0.05.050 License Fees. 40.05.060 Taxicab Cards and Rates. 20.05.070 Passenger Vehicles for Hire. 20.05.080 Public Liability Insurance. 20.05.090 Passenger Vehicles for Hire Rates to be Computed. 20.05.100 Charter. 20.05.110 Penalty. 20.05.010 Definitions: Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meanings given to them by this section: (1) "Passenger Vehicle for Hire," or "Vehicle" means a motor -driven passenger vehicle which is offered for public hire(.] of which any part of the vehicle trip is within the City limits of Kenai. (2) "Drive.:-" shall mean and include any person who drives a Passenger Vehicle -for -Hire, whether such person be t"r� owner of such Passenger Vehicle -for -Hire or be employed ., such a company. (3) "Company" shall r and include any per -on owning or having control of the u� )f one or more Passenger Vehicle -for -Hire used for -e upon the streets or engaged in the business of operaz_ a Passeng4n Vehicle -for -Hire within the City. (4) "Stand" shall mean and incluc:= any place along the curb, street, or elsewhere which is exc�usively re.7erved by the City for the us of Passenger Vehicles-for-Hir. (5) "Persons" shall mean and include one or more persons of either sex, natural persons, corporations, partnerships, and associations. ATTACHMENT A - PAGE 2 OF 4 r^` 20.05.020 License Required: To operate a Passenger Vehicle -for -Hire within the City limits, a company shall first obtain a license therefore by applying annually in writing to the City Clerk. Each applicant for a license shall apply upon a form provided by the City and conform to the following: (a) Be a citizen of the United States. (b) Be of the age of nineteen years, or a duly qualified corporation. (c) File a statement describing each vehicle to be so licensed, giving: (1) Full name and address of the legal owner of the vehicle. (2) The class and passenger -carrying capacity of the vehicle. (3) The length of time the vehicle has been in use. (4) The make of the vehicle. (5) The engine number. (6) The serial number. (7) The State license number. (8) Whether said vehicle is leased, licensed, or under any form of contract. (9) What person, firm, or corporation collects the revenues from the operation of said vehicle and pays the expenses of operating the same. (10) L2gal owner of vehicle -for -hire comtiany. -T' [(10)] (11l [PROOF] Certificate of vehicle insurance. 11,21 Certificate of Workmen's Compensation Insurance. as required by AS 23,10,05, JXU Copy of Alaska Business License. J141 Kenai Peninsula Borough Sales Tax Number. 20.05.030 License: Upon receipt of the above information, and payment of the required fee, the City Clerk shall issue a license. The license may not be transferred. 20.05.040 License Plates and Numbers: (a) Each licensed vehicle shall have attached to its front windshield. on the lower left-hand corner, a sticker bearIM the license number of the vehicle and proper descriptive words, including the year for which the license was issued, by displaying the same on the windshield of the vehicle. Windshield stickers are distributed by the City Clerk and cannot be transferred. (b) Every vehicle accepting business from points originating within this municipality shall have [SOME] the designation of the character of the vehicle as indicated on the license required under KMC 20.05.020. affixed or painted in plain visible letters on each side thereof. 20.05.050 License Fees: The license for an additional vehicle treasury the sum set forth below. ATTACHMENT A - PAGE 3 OF 4 applicant for a license, or shall pay into the City (a) A licensee shall pay a license fee of $250 per year which shall,entitle said operator to one Passenger Vehicle -for - Hire. (b) In the event a licensee is licensed for more than one vehicle, then he shall pay $100 per year for each additional vehicle so authorized. (c) All licenses shall be for the term of [DUNE 30th] July 1st of one year until [JULY 1ST] JuneOth of the following year, or any segment thereof. (d) All taxes and other obligations due to the City and Borough must be current prior to license issuance or renewal. (e) menses cannot be transferred and license fees cannot 20.05.060 Passenger Vehicles -for -Hire Cards and Rates: The operator of any Passenger Vehicle -for -Hire shall display inside the vehicle a card legible to a customer seated in the rearmost seat stating the license numbers, the maximum rates of fare, and a notice that any article left in the Passenger Vehicle -for -Hire must be returned to the City offices, where it may be identified and claimed. 20.05.070 Passenger Vehicles -for -Hire: Passenger Vehicles - for -Hire shall be parked at stands so designated for that purpose from time to time by the City Manager. No driver shall solicit passengers as fares. No driver shall dismount from his Passenger Vehicle -for --Hire at any time for zhe purpose of soliciting passengers, provided that this shall not prohibit any driver from assisting a passenger entering or dismounting from a vehicle. Only licensed vehicles shall'be permitted to park at any stand. 20.05.080 Public Liability Insurance: An operator shall file with the City Clerk evidence of insurance certifying the operator insured for liability for damages on account of bodily injury or death, or for damages to property resulting from the ownership, maintenance, or use of any Passenger Vehicles -for - Hire. The limit of such insurance policy shall not be less than $300,000 for cooined single limit for all bodily injury, death, or property damage arising from one accident and $100,000 for all persons injured or dead in any one accident caused by an uninsured motorist. Such policy shall be endorsed to give the City thirty (30) days' written notice of expiration or cancellation. 20.05.090 Passenger Vehicles -for -Hire Rates to be Computed: The company shall meter all calls. The meters shall be the type or types commonly used t E_-oughout the United States. Insraction of such fares shall be r; ,riitored and approved by the Stat,-, of Alaska, Division of WeigAts and Measures. No Vehicle -for -.-:ire shall be operated unless it is equipped with a meter in good condition to record the amount to be charged on each trip, which amount shall be shown in figures visible to the passenger. Upon ATTACHMENT A - PAGE 4 OF 4 paying his fare, each passenger making a request therefore shall be given a receipt showing the amount so paid and the name of the company or persons operating the Passenger Vehicle -for -Hire, together with the number of the vehicle if such company or person operates more than one Passenger Vehicle -for -Hire in the City. 20.05.100 Charter: Notwithstanding any provision contained in this chapter, nothing shall preclude negotiated charter rates between a licensee and a customer provided said arrangements are entered into at least three hours prior to transport being rendered and reduced to writing prior to transport. Vehicles operating under charter need not be metered. 20.05.110 Penalty: Any person violating any provisions of this chapter shall be guilty of a violation and shall upon conviction thereof be punished as provided for violations in KMC 13.05.010. ATTACHMENT A - PAGE 5 OF 4 7UE 15 :26 AK WORKERS COMP 9074652797 P. 01 BILL/RESOLUTION HISTORY 03:21 PM 06/15/93 PAGE 1 BILL: EB 174 SHORT TITLE: EXEMPT CAB DRIVERS FROM EMPLOYMENT LAWS BILL VERSION: CSSB 174(L&C) AM SPONSOR(S): SENATOR(S) KELLY,TAYLOR,PEARCE CURRENT STATUS: CHAPTER 13 SLA 93 STATUS DATE; 05/07/93 EFFECTIVE DATE OF LAW 5/8/93 TITLE; "AN ACT EXEMPTING CERTAIN TAXICAB OPERATORS FROM COVERAGE UNDER THE ALASKA WAGE AND HOUR ACT, THE ALASKA EMPLOYMENT SECURITY ACT, AND THE ALASKA WORKERS' COMPENSATION ACT; AND PROVIDING FOR AN EFFECTIVE DATE." SELECTION=> PF1 PF2 HELP SUBJ PF3 PF4 PF5 PF6 PF7 EXIT MENU TEXT PRINT BWD Post -It"' brand fax transmittal memO M I f of v+r ' ;t8'S' 30 PF8 PF9 PF10 PF11 PF12 FWD FISCAL FIRST LAST QUIT - •'�-? T _lE ' 5 :26 AK WORKERS COMP 9074652797 P. 02 -BASIS TEXT FOR CSSB 174(L&C_:) AM PAGE 1 OF 2 SB 174 1 "AN ACT EXEMPTING CERTAIN TAXICAB OPERATORS FROM COVERAGE UNDER THE ALASKA WAGE AND HOUR ACT, THE ALASKA EMPLOYMENT SECURITY ACT, AND THE ALASKA WORKERS' COMPENSATION ACT; AND PROVIDING FOR AN EFFECTIVE DATE." 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5 * SECTION 1. PURPOSE. THE PURPOSE OF THIS ACT IS TO CLARIFY EXISTING LAW REGARDING THE 6 APPLICATION OF THE ALASKA WAGE AND HOUR ACT, THE ALASKA EMPLOYMENT SECURITY ACT, AND THE 7 ALASKA WORKERS' COMPENSATION ACT TO TAXICAB DRIVERS WHO RECEIVE COMPENSATION ONLY FROM 8 CUSTOMERS AND WHOSE RELATIONSHIP WITH PERMIT OWNERS, OPERATORS, AND DISPATCH COMPANIES IS 9 BASED SOLELY ON A CONTRACTUAL FLAT FEE PAYMENT BY THE DRIVER. 10 * SEC. 2. AS 23.10.055 IS AMENDED BY ADDING A NEW PARAGRAPH TO READ: 11 (13) AN INDIVIDUAL WHO DRIVES A TAXICAB, IS COMPENSATED FOR TAXICAB 12 SERVICES EXCLUSIVELY BY CUSTOMERS OF THE SERVICE, WHOSE WRITTEN CONTRACTUAL 13 ARRANGEMENTS WITH OWNERS OF TAXICAB VEHICLES, TAXICAB PERMITS, OR RADIO DISPATCH SELECTION-> PF1 PF2 HELP PF3 PF4 EXIT MENU PF5 PF6 PF7 PF8 PRINT BWD FWD PF9 PF10 PF11 PF12 FISCAL FIRST LAST QUIT JUN-15-93 TUE 15:27 AK WORKERS COMP 9074652797 P.03 BASIS TEXT FOR CSSB 174(L&C) AM PAGE 1 OF 2 SB 174 13 ARRANGEMENTS WITH OWNERS OF TAXICAB VEHICLES, TAXICAB PERMITS, OR RADIO DISPATCH 14 SERVICES ARE BASED UPON FLAT CONTRACTUAL RATES AND NOT BASED ON A PERCENTAGE SHARE OF 1 THE INDIVIDUAL'S RECEIPTS FROM CUSTOMERS, AND WHOSE WRITTEN CONTRACT WITH OWNERS OF 2 TAXICAB VEHICLES, TAXICAB PERMITS, OR RADIO DISPATCH SERVICES SPECIFICALLY PROVIDES THAT 3 THE CONTRACT PLACES NO RESTRICTIONS ON HOURS WORKED BY THE INDIVIDUAL OR ON AREAS IN 4 WHICH THE INDIVIDUAL MAY WORK EXCEPT TO COMPLY WITH LOCAL ORDINANCES, 5 * SEC. 3. AS 23.20.526(A) IS AMENDED BY ADDING A NEW PARAGRAPH TO READ: 6 (21) SERVICE PERFORMED BY AN INDIVIDUAL WHO DRIVES A TAXICAB WHOSE 7 COMPENSATION AND WRITTEN CONTRACTUAL ARRANGEMENTS ARE AS DESCRIBED IN S AS 23.10.055(13), * SEC. 4. AS 23.30.230(A) IS AMENDED TO READ: (A) THE FOLLOWING PERSONS ARE NOT COVERED BY THIS CHAPTER: l (1) PART-TIME BABY-SITTERS; 2 (2) CLEANING PERSONS; SELECTION=> PF1 PF2 PF3 PF4 PF5 PF6 PF7 PF8 PF9 PF10 PF11 PF12 HELP EXIT MENU PRINT BWD FWD FISCAL FIRST LAST QUIT 7 TUN-15-93 TUE 15:27 AK WORKERS COMP 9074652797 P.04 •BASIS TEXT FOR CSSB 174(L&C) AM PAGE 2 OF 2 SB 174 12 (2) CLEANING PERSONS; (3) HARVEST HELP AND SIMILAR PART-TIME OR TRANSIENT HELP; (4) PERSONS EMPLOYED AS ENTERTAINERS ON A CONTRACTUAL BASIS; [AND] 15 (5) COMMERCIAL FISHERMEN, AS DEFINED IN AS 16.05.940_; AND 16 (6) INDIVIDUALS WHO DRIVE TAXICABS WHOSE COMPENSATION AND WRITTEN 17 CONTRACTUAL ARRANGEMENTS ARE AS DESCRIBED IN AS 23.10.055(13), UNLESS THE HOURS 18 WORKED BY THE INDIVIDUAL OR THE AREAS IN WHICH THE INDIVIDUAL MAY WORK ARE 19 RESTRICTED EXCEPT TO COMPLY WITH LOCAL ORDINANCES_. 20 * SEC. 5. AS 23.10.060(D)(7) IS REPEALED. 21 * SEC. 6, THE PROVISIONS OF SEC. 3 OF THIS ACT APPLY TO DETERMINATIONS UNDER AS 23.20 AS 22 TO THE EMPLOYMENT STATUS OF TAXICAB DRIVERS FOR SERVICE BEFORE THE EFFECTIVE DATE OF THIS ACT 23 IF THE EMPLOYMENT STATUS HAS NOT BEEN THE SUBJECT OF A NOTICE OF DETERMINATION UNDER 24 AS 23.20.315. 25 * SEC. 7. SEVERABILITY, UNDER AS 01.10.030, IF ANY PROVISION OF THIS ACT, OR THE SELECTION=> PF1 PF2 PF3 PF4 PF5 PF6 PF7 PF8 PF9 PF10 PF11 PF12 HELP EXIT MENU PRINT BWD FWD FISCAL FIRST LAST QUIT JUN-15-93 TUE 15:28 AK WORKERS COMP 9874652797 P.05 BASIS TEXT FOR CSSB 174(L&C) AM PAGE 2 OF 2 SB 174 25 * SEC. 7. SEVERABILITY, UNDER AS 01.10.030, IF ANY PROVISION OF THIS ACT, OR THE 26 APPLICATION OF A PROVISION OF THIS ACT TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE 27 REMAINDER OF THIS ACT AND THE APPLICATION TO OTHER PERSONS OR CIRCUMSTANCES SHALL NOT BE 28 AFFECTED. 29 * SEC. 8. THIS ACT TAKES EFFECT IMMEDIATELY UNDER AS 01.10.070(C). SELECTION=> PF1 PF2 PF3 PF4 PF5 PF6 PF7 PF8 PF9 PF10 PFI'1 PF12 HELP EXIT MENU PRINT BWD FWD FISCAL FIRST Ll-'T QUIT TO: Mayor Williams and City Council FROM: Keith Kornelis, Public Works Director DATE: June 28, 1993 FOR: Council meeting of July 7, 1993 Attached is the cost estimate that Kayo received from Peninsula Fence Company for the chainlink fence between Carrs and Bernie Huss Memorial Park. This is in response from a request from the council. KK/kv '93-06-17 12:39 907 283 3377 PENINSULA FENCE P.1 PENINSULA FZ= COMANY POST OFFICZ 801 1119 EMI. ALA69A 99611 (907 ) 283-4069 P8 (907) 283-3377 FAZ June 16. 1993 City of Kenai Parks and Rec. ATTN: Kayo and Keith Kornelis Please receive tho following quotation: Furnish and install chainlink fence between Carrs and Suss memorial park. 155 1/f of 60" woodlink $2, 917.72 155 1/f of 48" woodlink $2.590.74 If you have any questions please give me a call. Sincerely, Ad Dena D. Dent General Manager �AL'L /5o' i 4L L �o MEMORANDUM DATE: July 2, 1993 TO: Charlie Brown, Acting City Manager FROM: Keith Kornelis, Public Works Director RE: WATER AND SEWER CROSSING SPQR HIGHWAY The State DOT/PF has requested that we design any water and/or sewer mains that we would like to cross the Spur highway in the area of their reconstruction. If we design the crossings they will include the construction as part of their project. The City would still have to pay the costs for the crossings but the State would handle it as part of their project. Public Works recommends a water and sewer main line crossing at Highbush Lane and another at Swires Road. We also recommend a main water line crossing at McCollum Drive. An extremely rough cost estimate is $100,000 for the 3 water mains and 2 sewer main lines to cross the Spur highway. Please see the attached memo from Jack and Rachel which outlines Public Works' recommendation of purchasing the autocad system so we can do the design work in-house. Could Council please give us some direction on whether they want us to proceed with the crossings and how? 1791-1881 .ou.vuL CITY OF KENAI 7iq 110d Cardai 4 44 „ 210 FIDALOO KENAI, ALASKA 99911 TELEPHONE 283.7535 FAX 907.283-3014 �k*ik*ak�k�t�Irikdlrak�Ir�k�k�r�k�Ilr�k�r9F�Ir�k**�Ikir*ik�k�Irikik*******�k�k�Ir�k*dkie�k�k�kdk*�k�r�Ir�k�kie*�Ir�k*dk***�Ik M E M O R A N D U M DATE: July 2, 1993 TO: Keith Kornelis, Public Works Director FROM: Jack LaShot, City Engineer 9� Rachel Clark, Engineering Technician`VO RE: Spur Highway Water and Sewer Crossings We are requesting funding for the design of City water and sewer crossings to be constructed during the State DOT Spur Highway Paving Project at Highbush Lane, McCullum St., and Swires Road. Due to the 20-year design life of the Project, the crossings need to be completed now to allow for future expansion and hydraulic efficiency. Two basic options are available for this design: 1. An outside Consultant can be hired by the City to design the crossings. The City Engineer estimates that this bid will be approximately $5,000.00 to $10,000.00. 2. We can design the crossings in-house. To do this, the City would need to purchase AutoCAD software and minor hardware to do a Computer Aided Design. See the attached estimate for list of software and hardware needed., and a cost break -down. The total cost should be approximately $3,220.00. We recommend that the AutoCAD system be purchased at this time, both because it is less expensive for this project, and because it's long range benefits are much greater than any other alternative. Once this software is purchased, no further outlay, beyond system upgrades (probably once every two years for $300) will be needed for any similar Design Projects the City may be required to do. This can save the City substantial amounts of money on outside ' design fees, and improve the quality of service for public information. A full plotting outlay will probably cost an additional $2,000 to $4,000, but it appears likely that outside Consultants will allow us to plot mylars and prints for a small fee (maybe $1.00 - $2.00 per page), so the City would not have to purchase a plotter at this time. Larger Capital Improvement projects, though, still would have to be contracted out due to the manpower limitations. The AutoCAD System (release it or 12) is used by virtually every Engineering Consulting Firm and many other government agencies on the Peninsula. Consistency between software allows for easier exchange of information (if we purchase this system, we will basically get the State survey information for the Spur Highway Project for free), and save on paper and space (as -built transmittal and storage by disk). The AutoCAD system is also compatible with the Kenai Peninsula Borough's GIS system, and if GIS data of Kenai can be obtained from the Borough, all of the City's graphical mapping documents can be produced by overlaying onto this one drawing. This means that a single map showing accurate street locations, buildings, names, etc. can be input directly into the AutoCAD system, and land use, planning, zoning, maintenance, water, sewer, and almost any other additional maps can be overlain on the original drawing. If a new street is constructed, only the original street map drawing will need to be changed, and all other associated maps will automatically be updated. If an area is rezoned, the entire map can be updated by moving a single line. This will save an enormous amount of time in information input and retrieval, and ensure the consistency in the information given to the public. Enclosed is an estimate for the purchase of AutoCAD software. Design Drawings for the Spur Highway Project should be completed by September 1, 1993, if possible, so the State DOT can review and comment before the project is put to final bid. If you have any questions, or need further manufacturing literature, just let either one of us know. BEST PRICE COMPUTERS BEST PRICE. COMPUTER& 1 219 422 9877 P.01 s.Lxs i sawvoac H"MOWwws A sOFTwAAM INSTALLATION ToovsLsoNOOTINo ISM COMPATIOLs Von MIOs- rallm LT PWA*d NL'L asSVN:K Al�v e�'io i2 ,�as- �o,fT Z��� oa �i�iriz� �2�9 em � Berl.�� Zdo ...................... 4�� 9 s> �1odSid.✓ /.✓�,�i���irf "Oooi;;w cats) am-sa40 • FAA (ast) 4aa-9877 3033 R. WASHINGTON SLVD. • GUITs D • FORT WAVIM, IN 46a03 N CITY OF KENAI CAPITAL PROJECTS 1994 " PRELIIMMARY " Council will recall that I have on occasion discussed the list of capital projects that we might request during the 1994 legWative sermon. Keep in mind that the Governors legislation regarding shared finding is now law and any projects that we request must be requested with a guarantee that the City of Kenai will fund at least 30 % of the project. The 300/c can include in kind such as engineering, land, administrative or cash. With this in mind I have began to compile a list for your discussion and possible approval. It is my intention to seek finding for several small projects this year rather than one mega project. My bdief is that there are several things that should be done to kind of round out the community and I would very much like your input on these projects. I have discussed the Thompson Park project with both Charlie and Keith and their feeling is that we may have enough money to do the project if we include the assessments on the project and it may not be necessary to ask the legislature for more funding. It is also Mike Navarre's opinion that we may not get additional funding since we have ask and received funding twice for this project. I have asked the administration to have and figures on the costs of Thompson Park ready for us in plenty of time to make a final decision prior to the legislative session. This time factor is very critical because we must include copies of our request to the Borough, The State office of OMB, the governor, and our legislative delegation. We must also include a full description of the project along with our guarantee of the 30% at the time of request. with all of these things in mind, I have prepared the following for your discussion. #1 .... Regional Animal Control Center: The center is to be located on an as yet undesignated tract of city land. Keep in mind that we will building a facility with at least a 20 year or longer life expectancy and we should consider the future growth of the City. Anticipated cost of the facility is in the $400,000.00 range. Our share of the request will be $ 120,000.00 and the states share will be $280,000.00 #2.... New fire truck: I have discussed this item with Rep. Navarre and it is his feeling that we can get any excess funding from the Senior Housing project re -appropriated to the fire truck. Keith has indicated that he thinks he will be able to advise us of any excess that might be available in time for submittal to the legislature. The cost of the truck is $525,000.00 The cities in kind portion will be $157,500.00 and the states will be $367,500.00 #3 .... Highway crossing, water and sewer, I believe that in this case we should ask for full fimdmg since the project is a 90-10 Federal Highway Project that is necessitating the expenditure of fiords. The cost is estimated at $100,000.00 #4.... Parks and recreation new construction and up grade: This area includes several items, each can be discussed on its own merit. A....Installation of new rest room facilities: The present park strip area is evolving into a much used area. In firture years we can relocate the 4th of July events and other events to the park strip area thus eliminating a hazardous condition that exists in the present area and potential conflict with traffic on the highway. Water and sewer are presently available near the garden area. Cost $75,000.00 B.... Instalktion of permanent power to same area: Presently the power situation is handled by Homer Electric furnishing a temporary meter loop and the chamber borrowing the electrical extensions which are not at all up to code. This necessitates installation and removal at each event with responsibility falling to volunteers. A new system can be installed and constructed in such an manner that all that would be required is to have a lock box for control set up with a key. The Key can be obtained by the user from BEA at the time of the event and the user can be charged for the use of the power. Four remote locations with 4 quad boxes each will provide 64 outlets total which should be plenty for all. One should be located at the new rest room on an exterior wall, one each on the ends of the picnic pavilion facing the street in the event we want to add onto the pavilion in the future, and one on a cement pedestal around the location of the trees. Cost "estimate", $25,000.00 C.... Upgrade of dugouts and covered stands on three ball fields. Casts "Estimate", $150,000.00 D.... New concession stand and rest rooms on back side of field. Cost "Estimate", $175,000.00 F.—Fencing and upgrade of the Bernie Huss Memorial trail. Cost "Estimate ", $25,000.00 Total costs of parks projects, $450,000.00 City share $135,000.00 States share, $3151)000.00 Total cost of all projects.................................$1,475,000.00 City share less $100,000 for the water and Sewer crossings ....... $412,000.00 Cost to State including $100,000 for above.............................$1,063,000.00 I believe that it is within the relm of possibility that we may be able to obtain the amount shown and perhaps more if we handel it correctly. Especially if there is a possibility of reappropreation of the housing funding and consideration is given to the costs of the water and sewer crossings on the highway. Please take some time to consider these items and get back to me in the very near future with other considerations that you might have,. Best regards; 1/9d 4fi1L A -72w r ?6v�%o'} e - Matching Grants Program signed by Governor When he signed HB 124 into law, Gov- ernor Hickel achieved a long -sought goal, the establishment of a capital matching grant program that will provide money to all Alaskan communities for capital projects identified atthe local level. The Governor had identified this program as a legislative priority for three years. AML had sup- ported the concept of the new matching grant program, which was one of the League legislative priorities in the 1992 session, and worked closely with the ad- ministration to craft an equitable and ac- ceptable bill. During the 1993 session, AML was successful in defeating a move to require matches for all legislative discre- tionary grants and expanded authority of the administration to regulate thosegrants. Under the new program, municipalities (and unincorporated communities) will receive a minimum of $25,000 each year the program is funded to use on a pre - approved list of capital projects, provided they have the required match. The level of entitlement under the program will be based on population, with an adjustment factor for the smallest communities. Each year funds will be allocated to an account for each community, and funds can be accumulated for as long as five years. The Office of Management and Budget is preparing interim regulations to govern the program and will be mailing informa- tion to all municipalities soon. Final regu- lations will be adopted after a period for public review. For FY 94, municipalities wishing to use their initial allocations un- der the program will be asked to submit a listto OMB. In an effortto retain legislative oversight, each list will have to be ap- proved by the community's legislators. It is uncertain how long it will take to get the money distributed, but OMB has indi- cated it wants to get it "on the street" as quickly as possible. Municipal officials should be thinking about a project or projects they may want to do this year or whether their project requires saving up their allocations, and match money, for a longer period of time to undertake a more substantial project re ea su to Cc Le yE m IC tc cc w Y, sL tf AML Touchdone ■ July1"3 s-� TO: Mayor and City Councilmembers City of Kenai FROM: Carol L. Freas, City Clerk City of Kenai DATE: July 1, 1993 RE: OCTOBSR 5, 1993 CITY/BORWGE BUXTIOA Please be aware the last day for passage of an ordinance to place a proposition on the ballot is the meeting of August 4, 1993. At least 65 days must be allowed for preclearance if a propo/si/t"ion is to be placed on the ballot. — /La��ife /tZ� 'o" ' /�9`lt.��tri �, 7t/ clf ryz- e rd �7 1791-1991 Jr CITY OF KENAI "Od Capdai 4 4Ja4" „ 210 FIDALGO KENAI, ALASKA 99611 -- TELEPHONE 263.7535 FAX 907-283-3014 IMORAmox TO: Kenai City Council FROM: Charles A. Brown, Finance Director ea4 DATE: June 30, 1993 SUBJECT: Insurance Attached is a news story regarding Lloyd's of London, which I imagine most of you have already seen. Please review the attached minutes from the July 1, 1992 (one year ago) Council meeting where we discussed Lloyd's. As requested, I have on several occasions, including this Spring in anticipation of renewal quotes, instructed Last Frontier Insurance Cache to locate another insurance carrier for the City's Public Officials and Law Enforcement policies. However, as reported to you in writing at the last Council meeting, the renewals are once again with Lloyd's. The broker says he has been unable to obtain other coverage. I do not doubt his statements; however, I believe coverages are available from domestic insurance companies. In light of the losses over the three-year period ending in 1990 ($8,100,000,000) and the collapse of many of the syndicates within Lloyd's, I am not prepared to state that we actually have coverage. In the event of Lloyd's failure, we also would not be covered by the broker's errors and omissions policy because it excludes insolvency. Lloyd's reports hugeloss Insurance giant hits `low point' By RICHARD STVMSON The New York Times LONDON — Lloyd's of London on Tuesday posted an annual loss of more than $4.3 billion, a slightly worse - than -expected result that on- ly compounded the gloom that has pervaded the vener- able insurance institution. The huge loss was for 1990, the latest year to be tallied under the Lloyd's system of waiting three years to allow all claims to be processed. The loss, which was a result of heavy payouts on insurance policies and a spate of court cases charging fraud and mismanagement at Lloyd's, will take a heavy toll on the individuals who finance Lloyd's and are per- sonally responsible for pay- ing its obligations. "It represents in every way the low point of Lloyd's history in the last 305 years," David Rowland, the insurer's chairman, told hun- dreds of the investors at the annual meeting here. The loss of 2.92 billion pounds compared with esti- mates by Rowland several 6-.2J-93 f�ncS. J9 9,'�r /1/t6w-1 W Tft A..x.ra Pl M Marie Louise Burrows, leader of a group of 500 investors in Lloyd's of London, attends Tuesday's meeting. Her group, Lime Street Action Group, estimates it lost $1.77 billion. months ago of as much as 2.8 money on the line at Lloyd's issued through Lloyd's. billion pounds, or $4.2 bil- in 1990 came to more than "We must insist, however, lion. It followed losses for $155,000 at current exchange that where members have the two preceding years to- rates. the resources to pay their taling nearly $3.8 billion, Some names at the meet- debts that they do so," Row - and has forced the institu- ing urged Rowland to delay land said. "For those who tion to embark on a radical taking action to collect mon- cannot, then understanding new plan to survive by rais- ey from the names. But and assistance to come to ing financing for the first Rowland said the institution sensible arrangements time from corporate and in- needed to maintain its through our hardship com- stitutional investors. "chain of security" and mittee will continue. We will The average loss for the would collect from names in separate those who cannot 27,700 individual investors, order to be certain of paying pay from those who won't or "names", who put their holders of insurance policies pay." I KENAI CITY COUNCIL MEETING MINUTES JULY 1, 1992 PAGE 19 I-3. Attorney No report. I-4. City Clerk Clerk Freas read into the record the findings of the telephone poll of June 25, 1992 in regard to the sandblasting, primer and painting of the T-33 airplane. 1-5. Finance Director 1. Insurance - Brown referred to an article included in the packet regarding Lloyd's of London Insurance Company. Brown is concerned with the statements made in the article that Lloyd's of London is having financial problems. Brown stated that he mentioned this information in his previous memorandum to Council regarding the purchase of insurance for the upcoming year. Council directed the City to purchase coverage through Last Frontier Insurance which included Lloyd's of London for police and public officials insurance. Brown stated he is not asking Council to rescind their actions, but that he will be watching it very closely. He is not saying to change brokers, but change to a different carrier. Walker asked if it would not be the obligation of the insurance broker to provide coverage through another carrier if Lloyd's fails. Graves stated if Lloyd's fails and the City is not covered, the City would be liable. However, the City could then file against the broker. Brown added that Last Frontier is aware of Lloyd's problems and they are concerned also. Brown stated he felt it was Administration's obligation to bring this to the Council's attention. Council directed Brown to request Last Frontier to find different quote. Measles added that Last Frontier should be reviewing information already to have it available when needed. Brown stated the he thought the City would have to push Last Frontier to look for another carrier. Williams stated to Brown to tell them the Council wants Lanother quote. 2. Court House Financing - Brown referred to his memorandum included in the packet which is a synopsis of the court house financing. Brown stated that there are some expenditures being committed to that should be reimbursed, i.e. plans & specifications, title insurance policy. All these 1791- IMI CITY OF KEN... _ 210 FIDALGO KENAI, ALASKA 99811 TELEPHONE 283 - 7535 FAX 907.283-3014 iMORAMUM TO: Kenai City Council FROM: Charles A. Brown, Finance Director e-013 DATE: July 1, 1993 SUBJECT: Quarterly Investment Report; Second Quarter, 1993 During the second quarter of 1993, the following securities were purchased by the City of Kenai; Date Type Annual Cost Days Rate 4-7-93 AML Pool $ 950,000 N/A 3.18 4-13-93 T-Notes 3,004,553 717 3.83 4-13-93 FFCB Notes 3,001,038 353 3.32 5-6-93 T-Bills 1,050,762 364 3.27 5-28-93 AML Pool 466,995 N/A 2.81 6-10-93 T-Notes 1,231,033 416 3.84 Exhibit II shows interest rate trends, which increased slightly during the quarter. Average yields for the past 12 weeks are nearly identical to the 12-week averages shown in my last quarterly report. I expect rates to remain about the same through the end of this calendar year. Exhibit I shows the current status of the City's portfolio. The average annual yield of the current portfolio is 3.80% on $28,198,738 invested. At the end of last quarter, the City's average annual yield was 4.15% on $29,052,131 invested. My guess is that the City's average rate has just about bottomed out. We hold only two securities yielding greater than 3.9%. For the first time in years, we now occasionally Memorandum Kenai City Council July 1, 1993 Page Two replace maturing securities at higher rates. Our budget for next year is based on interest revenue at 3.58%. We should make that. As I do each quarter, I will compare the city's return on investment with specific benchmarks: Average City yield, 6-30-93 3.80 12-week average yield, 3-mo. T-Bills 3.03 12-week average yield, 6-mo. T-Bills 3.18 12-week average yield, 12-mo. T-Bills 3.40 State Investment Pools, April, 1993: Colorado 2.70 Pennsylvania 2.83 Massachusetts 2.89 Z t� J �f Q H- � W a �J e ry d r� S �— tr Q tZ 3W Y Q � d f- S N Z t1 r _a •.� a W Cf rZ-t O O N m O N O qp t{7 � �r m •* ^ to O tV tO t0 t0 0 00 [� O M a m N^ a a 0 0 t]D O p O p O p O O O O O O O d M N tp tp tL t0 a (�. N M f0 t•' Yl t• t�'> M a O> tr m O i� r_ O M ffO tp O> a O p O p O O O p O O O p O p O O O O O p O p d p O p O O O O O O O O O O O O O p O O O p O p O p O p O p O O O O O O O O O O N M O p b OD Mf N m p N N N Yl O O M tT (i> M N N M m m m M t0 N m t0 a t0 Y7 M t0 t• ^ .y ^ M a a -s a a a a tts o> e> va m os tsa ta> tsa rn t�s m rn Q t ^ N N N M \ ta> t» rn ea rn o> taa o> o> o> o> o> a g ^ m 0 t0 N M O t0 N O N m a^ a N N O a n• O tf1 >f> tiD 0 0 O tp t/7 O a m -� N n to O GD GD OO f� M M m M m ts'a m m m M m N N O tD u'a O Y7 N a 0> a 0 M O tp N M tss y7 O^ O ^ N p m y7 t!> ^ ^ to to to a�a .-. o o a ._ o> a ao !,•, !L> C,7a N p M p t0 p t» N m p OCi tT W Z Z x t� Q t CO 4< an a m z m i m `o z `a CO m a a z z z -' a m M M O p O e O e O p O O O p O p O O O O O _O N m a fii f0 O s� t0 tp t0 b t0 tp t0 f0 f0 fp PeronH Ssbftd 61 Am me! Rdw Percent 1.6 7.0 1.0 5.1 4.0 3.1 2.0 II IS 2S 1212 2 11 12-1-4 7 11 ! 1 ]I I! !1 11 iS 1 1! i U S May Jun Jul Aug Sep Oct Nov Dee Jan Feb Afar Apr May Jun Jul 1992 1993 Latest data Dloded we ovensom of rate e available for the reek ending: June 2S. 1993 1.1 7.1 4.1 5.1 4.1 3.1 21 1 3 Federal Fu so 3-Month Treasury BiN 6-Month Treasury SN eee 1-Year Treasury BI 5-Year Treasury es9 3.11 2.91 3.04 3.16 5.2116 f 2.93 2.65 3.00 3.09 5.0623 2.91 2.61 2.96 3.05 5.0630 2 87 2.91 2.95 3.12 5.14May 7 2.96 2.67 2.96 3.11 5.03 14 2.90 2.91 2.99 3.14 5.10 6.56 21 3.01 2 " 3.10 3.26 5.26 6.72 25 3.07 3.06 3.19 3.39 5.35 6.71 Jun 4 3.09 3.06 3.22 3.44 5.29 5.92 11 2.96 3.10 3.30 3.44 5.32 6.00 16 3.01 3.03 3.19 1 5.19 S.."2S • 3.00 3.09 3.19 3.37 5.20 6.47 war. = bm ew reoewai a m a rq.M, sxm 79-wm ireasury seeu m" ae esnyMsd by this Bank bill en a dk+oeun s. • Mnps Of mi se awilakb w fowl -My ewetes for week wmb q two days amil r tlwn dab she rn ware Asielten aware" (disomnt) ProwusibyFe" Reserve Bank of St. lnuis !Z Week frame. �O� rc.) Z. 97 3.07 3.2 Y r.; WesrK 4vo. 3.oj 3./Y 3.Yo 36r avy 6,1;, '71 Month JAN FEB MAR; APR MAY JUN JUL AUG SEP OCT NOV DEC. Totals KENAI MUNICIPAL AIRPORT 1"3 MONTHLY ENPLANEMENT REPORT SouthCentral 1,567 1,496 347 �. 0 Last Flights for SCA March 8,1993 3,410 Mark.Air: 43.6% (3389) Era Alaska MarkAir Monthly Totals 3,026 3,052 7,645 2,593 2,762 6,851 3,595 3,695 7,637 3,822 3,275 7,097 4,392 3,389 7,781 0 0 0 0 0 0 0 17,428 160173 37,011 May 1993 7.701 Total May 1992 8.009 Total ® Era Alaska MarkAi r Era Alaska; 56.4% (4392) m c 0 m D c_ c 3> 3 m C c c� v ni e m -$ v mv V V V �D 0 CO V V V V a r 0 bD 4! (Jl �O A 0 "1bD V O O W trl A N A, Cn to to A 0 v� CA -� (.n V N aD CD v W N O an W W 0 —CA �) d lb O 00 Cn Cn OD N �D �0 46 N z, OD � v 0 OD 0 0— a' d .r 10 11 (II to toV to r4 %D V Cc CA N W to 0%0 v 0 -J 0 00 00 ON (!I O A v M Cl O1 a 0 0 �I Cn 0 CT -J r N o— ornornc.l b bD 1Da1 a cn cD .i w (A w cn cn cD rn %o OD N v 0 0 0 0 0 � 0 N W -- M 2 p at p ar aD %O V o% o ut ar p r bD !A & Cn 1,O N fV tp m is " VN1a cnmooDo mo1,m (A Cn %0 Cn & % %0 %D — %D o rn .I V Q+ ar O+ m a0 -1 O cn a'+ cn cn r -+ II V f n W %O G1 GI 0 IJ CA �D N Ili v 0 N b. W �! 0 %D 00 m Co. r -1 O+ lT l!1 f11 r :J V T ►`t CO �]D J C4 kO -4-4 y 0 cn C.i v -J n (71 v Q N r.n .. r N N tOO CNn v O OD '!'�.1 -I Can L` cn %0 N (A O `J OD 0 W V V CD r W .r CD V V OD r �D FV CID %O V v r V (nn — W m (� O, 00 N0%.0 0 �0 �p N w C,1 Cn cn CL2 L %cl v w -1 00 N • O -' %'D iO n 0 to O CO Ln L4 ;:- I CD 0 to m CD CD C--r In m Kenai Municipal Airport 1992 / 93 Lm,g Term Pay Parldng Receipts Total Receipts - July 1, 1992 thm June 30, 1993 Parking - $57,484.82 35 Permits issued - 82034.03 Total - $65,518.85 I Total Average Parking receipts for 364 Days = $157.93 ! Day 4. a rii ;,Ta I JFA C.0 .2 'E :0 1 - — — — — b-I go 6. f. V r. a Za ct jockey Kurt - Haider monitors a panel . discussion Monday during the drainer for Kenai's Women's Resource and Crisis Center shelter home. discussion, from left %o right, were Virginia Walters, Carolyn Cochran, Ike Navacre,ttnd_SharonMoock—Tbe drive-exceeded-lts goal of $19,000..— ses 1.10-156 for.'.she/ter I R+rsoilu'ce Dozens ot. volunteers spoke during the in . Kenai : radiothon :or helped out by answering tele- he:-closing : phones. It.was the second radiothon for the 9 a.m. to 5 . shelter. The first one two years ago raised about $15,000. Jochman said this year's lower organizers cash goal ` of $10,000 was set because the he shelter. economy has been so tight locally. rat pledges. Joanne Lopez, WRCC director, said, "Once W in cash, again, this community has come through. donations, It's remarkable. We ask for help, and the y. community is there." .d animals She indicated she had actually lost sight of help finish the goal halfway through the emotional day. me, which "It was all the testimonies from women that sis, chiefly came in, all the -tears of joy and pain that Isles. . made this important to me," she said. Rain washes out chunk of Kenai By POLLY CRAWFORD Associate editor W.R. Jahrig of Old Town Kenai said the three slides over the weekend along Mission Avenue which swallowed ten feet of ground along the bluff were "the worst I've seen since I've been here, due to rain." He's been in Old Town since 1966. But it's not the first time he's seen the bluff disintegrate in front of his property. He believes most of the erosion is because of spring break-up. He remembers large parcels of land between Mission Avenue and the bluff. Emily DeForest, KenAld's librarian, remembers going to the Harborview and looking out toward the Kenai River and watching ice skaters in the lot next to the restaurant. Now, the Harborview and Mission Avenue are both on the bluff. According to tax rolls, J.E. Johnson and A. Lancet of An- chorage are paying property taxes on 4.38 acres, more or Sae EROSION, peg* A-Z After the floods,..,., ­ a. great view now. By BERT GRUBB Staff writer Richard Strong stood at his window Friday morning and watched the bluff overlooking the mouthof the-f� IffiA r fail apart in last week's unprecedented deluge. It happened about 40 to 50 feet from Toyan Villa Apart-: ments at Mission and Cook Sts., where Strang is the resi dent manager. "We watched big chunks of the bluff caving in," he recalled. "It happened pretty fast." The incident was one of Kenai's few side -effects from the record rainfall which fell on the town and drenched the en- tire Kenai Peninsula. Strang explained the area is a natural . drainage for Old Town and a lot of water came his way in the rainy weather. -a Strong alerted the City of Kenai. "Plenty of equipment and workers" showed up, unplugged the drain and got the z water diverted back when it belonged in short order. t Strong said the apartment building was never in danger. "We have a great view now, but I guess I'd probably rather have more ground between us and the water," Strong said. Kenai fared pretty well compared to some other areas in the now historic storm which covered parts of the Sterling Highway near Anchor Point with water from a swollen An- chor River, spawned mudslides into Nuulchik's boat harbor and gave Seward "disaster area" status. Locally, Beaver Creek misbehaved badly enough to require state Depart - See KENAI, page A-4 .�A kin r _ : lu P i ch of t ut y 03 o cl e � o i Jol- co 41 e � i A C, Q V Y^ V) C' l QUITCLAIM DEED (Statutory Form) ' �E "s9;,r,.' CITY OF KENAI, (hereinafter called "Grantor"), a home -rule charter municipal corporation organized under the laws of the State of Alaska, whose address is 210 Fidalgo Avenue, Kenai, Alaska 99611, for and in consideration of the sum of ONE DOLLAR �($1.00) and other valuable consideration, does hereby convey and quitclaim to ROBERT D. O'CONNELL and DENNIS A. SWARNER, i(hereinafter called "Grantee") whose address is P.O. Box 1360, {Kenai, Alaska 99611, all its right, title, and interest in the following real property located in the Kenai Recording District, Third Judicial District, State of Alaska, more fully described las follows: Tract A, Kenai Municipal Reserve Subdivision No. 1, according to Plat No. 85-92 EXCEPTING AND RESERVING TO the City of Kenai, its transfers and assigns, all oil, gas and minerals in the land above described, together with the right to prospect for, mine and remove the same under applicable laws and regulations heretofore land hereafter established. SUBJECT to existing easements and rights -of -way of record. DATED this /9 j"day of ��v�16 1992. CITY OF KENAI By: Charles A. Birown Acting City Manager PAGE 1 OF 2 - QUITCLAIM DEED Cary R. Grams City Attorney CITY OF KENAI 210 Fioatgo Kenai. Aia3ha 99611 283 3441 FAX 283.3014 GRANT OF EASEMENT The undersigned DENNIS A. SWARNER and ROBERT D. O'CONNELL (hereinafter called GRANTORS), whose address is P. O. Box 1360, Kenai, Alaska 99611 for good and valuable consideration receipt of which is hereby acknowledged, do hereby convey to the CITY OF KENAI, its successors and assigns (hereinafter called GRANTEE), whose address is 210 Fidalgo Ave., Kenai, Alaska 99611, an easement for maintenance and operation, construction, repair, and access, including ingress and egress of an underground storm sewer line through and under the following described real property situated in the Recording District, Third Judicial District, State of Alaska, to -wit: A ten foot section on each side and centerline of the underground storm on Tract A, Kenai Municipal Reserve according to Plat No. 85-92 parallel to the sewer line located Subdivision No. 1 This easement is given to the GRANTEE with right of ingress and egress from the premises for the purposes herein granted. The said GRANTOR is to fully use and enjoy said premises except for the purposes herein granted to the said GRANTEE and provided the said GRANTOR shall not construct or permit to be constructed any house, structures or obstructions on or over said easement granted herein. GRAN ORS: De is A. Swarner Robert D. O'Connell STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) This certifies that on the "17hday of P)tj , 1992, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared DENNIS A. SWARNER, to me known and known to me to be the person named as GRANTOR in the foregoing Easement and acknowledged to me that he executed the same freely and voluntarily for the uses and purposes therein mentioned. WITNESS my hand and official certificate first above written. Cary R. Groves City Attorney CITY OF KENAI 210 F,nalgo Kenai. Alaska 99611 seal the day and year in -this NOTARY PUBLIC for Alaska My commission expires: �1,r5_ 283'3441 II FAX283-301e Page 1 of 2 Tide 22 22.05.010 Power to dispose of real property. 22.05.020 Sale or disposal. 22.05.025 Conveyance to encourage new industrial enterprises. 22.05.030 Sale. 22.05.040 Sale procedure. 22.05.045 Terms for financing sale of city lands. 22.05.050 Determination as to need for public use. 22.05.060 Tax foreclosure parcels. 22.05.070 Property exchanges. 22.05.075 Property sale to adjacent owners. 22.05.080 Grant or devotion to governmental agencies. 22.05.090 Determination for sale or public use. 22.05.100 Repurchase by record owner. 22.05.010 Power to Dispose of Real Prooertv: The City may sell, convey, exchange, transfer, donate, dedicate, direct, or assign to use, or otherwise dispose of City -owned real property, including property acquired, held for, or devoted to a public use, only in accordance with this chapter, and, with respect to properties acquired through foreclosure for taxes, in compliance with those terms and provisions of AS 29.53.360-385 which home -rule municipalities are required to comply with. Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for a public purpose. (Ords 312, 612) 22.05.020 Sale or Disposal: The City may sell or dispose of real property by warranty or quit -claim deed, easement, grant, permit, license, deed of trust, mortgage contract of sale of real property, plat dedication, lease, tax, deed, will, or any other lawful method or mode of conveyance or grant. Any instrument requiring execution by the City shall be signed ------------------------------------------------------------------------------------------------------------------ S44-05/08/87 22-1 CITY OF KENAI 22.05.040 Sale Procedure: (a) The City Manager will obtain such an appraisal for a determination of the minimum price on said land. (b) Where any party, hereinafter called "Applicant," requests that a tract or tracts of land be sold for which an appraisal will be required, which will require subdividing, platting, or surveying and staking, or which will require advertising or incurring any other expenditures by the City prior to sale, (1) No actions in preparation for sale will be taken by the City until an agreement to purchase shall be properly executed and filed with the City Manager for the purchase of such land with payment of sufficient good faith deposit, which shall consist of cash or its equivalent deposited with the Finance Officer of the City of Kenai, as may be determined by the City Manager, to cover all expenses of the City and such agreement to purchase shall further contain the agreement by applicant to pay any additional costs if said good faith deposit is insufficient to pay all costs incurred by the City. (2) If at any time during the process of preparing for sale, the applicant gives notice to the City Manager of withdrawal of the request for sale, the City Manager shall stop all procedures, shall pay expenses incurred prior to termination of sale procedures, and shall reimburse applicant for any good faith deposit advanced in excess of all expenses incurred. (However, if another party desires the sale to proceed, files an application for sale, executes and files an agreement to purchase, and advances sufficient funds therefor, then the prior applicant will be reimbursed for expenses charges which can be attributed to the subsequent applicant.) (3) If all actions necessary for preparation for sale have been accomplished, and if neither the applicant nor any other party purchases said land when first offered for sale after such request, then all expenses incurred in preparation for the sale will be paid from the good -faith deposit, and the balance, if any, shall be returned to the applicant. If the sums advanced as good faith deposit are insufficient to pay all of the costs, the applicant will be billed for the balance due and normal collection procedures followed. (4) If the land applied for is sold on public sale set in response to such request to anyone other than applicant, then on closing of said sale, the good -faith deposit will be refunded in total to the applicant. The City's expenses will be first deducted from the deposit of the successful bidder. (5) If the land in question is sold to applicant, the good -faith deposit advanced, after deducting the City's expenses, will be applied on the payment due at closing. (6) If the land in question is to be sold by sealed bid and the applicant has submitted a valid bid, but said applicant is not the high bidder, he may purchase the land by tendering the City a bid equal to the high bid within five days of the bid opening. If the land sale is initiated in accordance with KMC 21.10.060(a), the applicant shall be defined as that party submitting the initial lease application. (c) If the tract of land (airport or otherwise) proposed to be sold is leased land where the lease sets forth a development schedule, the lessee may, at his request, negotiate the sale ------------------------------------------------------------------------------------------------------------------ 549-11/23/88 22-3 CITY OF KENAI of said land at not less than the fair market value. The current lessee obtains this right to negotiate a sale only after he has leased the land for the two-year period immediately preceding the sale or the lessee has to the satisfaction of the City Manager, completed development as detailed in the development schedule which has been incorporated into the lease agreement (this condition applies to Airport Lands leased after June 1, 1986). (Ord. 1134) (d) If the tract of land proposed to be sold is not leased land, or is leased land withgut subs tial imvrovements, then the tract of land may only be sold by outcry auction or by competitive sealed bids. If the tract is to be put up for such competitive auction or sealed big sale, notice of sale and the manner in which the land is to be sold shall be published in a newspaper of general circulation within the City once each week for two successive weeks not less than 30 days prior to the date of sale; such notice shall also be posted in at least three public places within the City at least 30 days prior to the date of sale, and such other notice may be given by such other means as may be considered advisable by the City Manager. Such notice must contain: (1) the legal description of the land, (2) a brief physical description of the land, (3) the area and general location of the land, (4) the minimum acceptable offer for the land (which shall be its appraised fair market value), (5) the terms under which the land will be sold, (6) any limitations on the, sale of said land, (7) the time and place set for the auction or bid opening, (8) the amount of deposit to be submitted with each bid in order to cover the City's expenses such as survey, appraisal, and reviews, (9) any other matters concerning the sale of which the City Manager believes the public should be informed. (e) If no offers are submitted meeting the minimum acceptable offer (or appraised valuation), the City Manager may negotiate for sale of said tract or tracts of land with a modification of proposed terms or for less than the appraised valuation provided that no such negotiated sale for less than appraised value shall be binding, upon the City unless the terms and price therein are approved by resolution of the City Council. (f) Where a real estate agent furnishes a buyer for City land, the closing agent shall be authorized to pay said agent a real estate commission of five percent (5 %) of the purchase price for the land or five percent (5 %) of the appraised fair market value of the land, whichever is lower, under the following terms and conditions: (1) The City Manager shall provide a non-exclusive listing of lands available for sale. (2) No commission shall be paid to an agent where said agent is a party, or in privity with a party, to said sale. (g) Closing of sale of City lands shall be handled by a title or escrow company within the city which specializes in closing of real estate sales. ----------------------------------------------------------------------------------------------------------------- S49-11/23/88 22-4. C= OF KENAI a_ TIM ROOERS CITY ATTORNEY CITY OF KENAI .o&0.vn .ENAI. ALASKA 99611 787 7579 LEASE OF CITY LANDS THIS AGREEMENT, entered into this,5ah day of/&4ek , 1985, by and between the CITY OF KENAI, City Hall, 210 Fidelgo Street, Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City", and ROBERT D. O'CONNELL and DENNIS A. SWARNER, hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by .the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska; to wit: is: Tract A, Kenai Municipal Reserve Subdivision A. PURPOSE: The purpose for which the Lease is issued Vehicle Parking Facility B. TERM: The term of this Lease is for 99 years, commencing on the 1st day of March, 1985, to the 30th day of June, 2083. C. RENTAL PAYMENT: Subject to the terms of General Covenant No. 9 of this Lease, rental for the above -described land shall be payable as follows: 1. Right of entry and occupancy is authorized as of the 1st day of March, 1985, and the first rent shall be computed from such date until June 30, 1985, at the rate of $43.05 per month for 4 months, less a deposit of $1,000 equals a credit of $827.80 based on 6% of the appraised value of $8,200.00, including sales tax. 2. The annual rental rate shall be 6% of the fair market value (as set forth and defined in General Covenant No. 9) of the demised premises, and the rental on the effective date of this Lease shall be $492.00 per year subject to redetermination pursuant to General Covenant No. 9. 3. Annual rent,for the fiscal year beginning July 1 and ending June 30 shall be payable in advance on or before the First day of July of each year. If the annual rent exceeds $2,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance on or before the First day of July and on or before the first of each month thereafter. 4. Rental for any period which is less than one (1) year shall be prorated based on the rate of the last full year. 5. In addition to the rents specified above, subject to General Covenant No. 9, the Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: (a) Taxes pertaining to the leasehold interest of the Lessee. 1 LESSOR: � LESSEE:- (19r.,•t�,,., E 51 - FOR CITY USE ONLY G r tj Date Received 7 f CITY OF .KENA I A ' ;Mme 3: /5 •k Unation C11, -W P.O. BOX 580 • KENAI, ALASKA - PHONE 283-7535 ignt+ture and title) 01 LEASE APPLICATION 1: Name of Applicant �A644b ��&rJd ( it/r1 ' S � Address UX 4� �y 6 Business Name and Address - Kenai Peninsula Borough Sales Tax No. (if applicable) State Business License No. olslo9 (if applicable) Telephone Z5 - �•� � Lot Description Desired Length of Lease>c[d5 Property to be used for Description of Developments (type, construction, size, etc.) 0j') Attach development plan to scale (1" = 50'), showing all buildings planned. Time Schedule for Proposed Development: Beginning Date 3 > Proposed Completion Date r/,,ej Estimated Value of Construction C7 %C' Date . J- � / - �' ,- Signed : �• . ,.L ` � v ,= tom.. � `'`" `"' ----- Date: �%� Signed. 1 f ''� CITY OF KENAI CHECK LIST FOR SITE PLANS ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED Drawings should be drawn to scale 111- 50 ft.*, and must show layout of the lot applied for and the location of all improve- ments proposed. Drawings must show: 1. Existing buildings 2. Proposed buildings - 3. Parking facilities / (how many spaces and where located) 4. Site improvements a. Areas to be cleared and method of disposal b. Proposed gravel or paved areas C. Landscaping plan (retention of natural vegetation and/or proposed planting areas) t- 5. Building set backs 6. Drainage plan and method of snow removal 7. Circulation plan (all entrances, exits and on -site access) 8. Location of sign(s) - sign permit required _ 9. Fencing 10. Curb cuts (where applicable) P 11. Building height i 12. Buildings on or near the airport on airport lands must complete FAA Form 7460-1 *This does not have to be drawn by an architect or engineer. 2 BUILDING INFORMATION On this sheet submit a drawing of building planned, drawn to scale. Scale: 1" = ft. Construction Materials (wood frame, steel building, etc.) a /�- iz�"' THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE Note: If a prepared drawing is submitted, attach to this application and disregard this page, Filling in construction materials only. 3 2 r � Q ' �. •:,�MJ��fE�O 10 22.175 -9.310 11 27.050 -7.735 12 182.624-0.833 NE COR S.D.INLET SE COR S.D.INLET r_ BROKEN END S.D. M k•7T°_¢3_IS AVL- H/ q • !1� may. aj �Q &i 10 � v w `• , ' z ' ss g` fA Ott ti o s- ,4 SzGRM DRAIN • c 770 4,3 vls/� -,V7 lo, t oqo 111- % �oiz � ^1/�� f � FF X. 819 O-r E51-OC9 20 o. 7-.,5. KEIVAI. 1791-1991 CITY OF KENAI 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 April 26, 1993 Paul and Sandra Vozar 1001 Mission, ##19 Kenai, AK 99611 Subject: Beluga Lookout RV Park Dear Mr. & Mrs. Vozar: I have completed my review of the referenced project and have the following comments: Sewer System 1. Patch and repair the main line, tie-in area within the City right-of-way. 2. The City has a very important drainage inlet to an outfall through the bluff located at the northerly property boundary of Tract A, Kenai Municipal Reserve, Sub. No. 1. If needed, city crews will work with you to ensure proper drainage into this structure. Water System 1. The water meter vault shall be readily accessible and a remote readout installed in a location where it is accessible and protected. 2. As with the sewer, the main line tie area within the street will be repaired. General Notes 1. Plans must be approved by ADEC prior to construction. 2. A City Excavation Permit will be required prior to work within the right-of-way. 3. The future OFFICE/RESTROOM building will require a separate review and permit. h y6 �� � 6`t `�o•f it, �0ti� ` 1i� � � '�d r t�ti a �� Y GG� e �tx •? y. W . fit qq'< � `(. •�J•+ (%� i05 so rf moo`! 1 ` t } •e ►�•�� `Cp _0064 N. • � + c a �u�;., �r ,1 cif 4ry. 47)y \ ♦ \ �.:" _ , , � _ ,� tip �, `�;.�• s: � � � w�: fv^i �b .,•,I Dr ►` ,{L • +.. t4„ ab.°' _, . . - .i•{ i► L �, .. y, 1 . b• Y '� • _ °'�I �' �' 4 �i;.s r` 'rf-.r r2e r �. t b ,p � \, s , r♦• 16. i ! b \ •� 'b. q d• r! J wo.. 1 ,0q O J•r`*1► \:Jib f��n llaaytQtr �ii :•�jo� �'► •�.�4 ^ . �9J,•, i,qf a .P, •'u'• r���• `. /•..r . � ►.' ^'` �4r • � ! lvq` �•r •t� b e rY, 6. • d� n`''1 s Jr6 Ir °o e° p�•.. tt Jo q~�• tt�'. a��'e p �?, 19+! l _; tib•i r1 t 0v ,. +; h off b ii• =f.t 4 ~�� , • % 1b • r > 4 0 y i,_: - .., . { of . s, i' f r i`t.. db • D ••ram. 5 qq yi r qtC/ �J ���j r' ti• 1eA • �q y t•f 41 low i� * 'ri•4s l� a%`• • es` +• s •,M ; f °ryge►+ � " � J �• M16 � 4 d '� Mao% •• w p#, QI�ENU j,'' , � fr %, rr..rr ~ N sn r s ,+�,• y.• -• i � \ �•� A !y B y �. ,.;.+. •�je3t : ac V1d ,`• f •==i � 'tb>s • rr _ v_ " ^•'._-� +a'+:a • �• S 234 q ; lA ,n jlg � �f �'♦ f17r+""26,t .• �` ��r�, h�� S' . •a.rr M AJ r s+,ld0u Al It �., •NMM w : N � 7263y }Q rr 1 . : 'r 1 t ky i�t � � � 1, � � : fir" `q ,j ti `4 �ti ti • ,.. r ad IV . \ .F.::,' t •L ±jam •+''°'►,♦, -.. t ♦ :l` ry .`�'o• e�0 �1.; � � � ..' •,fit f � h � � P f .' of is O L lI7rH GxSr.... _..., - •+!••O'r s+f.3f ir, r!!O+l G°!r•'-•-" � � ! i!•po'so*c"i►r ,•n'rs?.iJ G�s.i 1--�-"' '•.. t » : u :a so so sa w a rs4 ! 41Y ,� � [•� [,� � i' ��!` �� �a<` «, a�v Syr' -' ��' =p�Y�'� r�J {... S 1= �v w ,tea! iL, • moo, hn•O..h m^ -MTFti � O ' �� U. . ENUE 13 �v - - ! dS'.�st..�d•s�rr r ^ C �� x ��^ su 4 sa sa o so' ' iv _ 1 `_ L w t .i' L•^� = 20910 to fr • "� ° ,.�• •w •� �� V^i, ..� it oa �; anw • �';:•x =I•+2 '! �x}1 • : Q. 7 M cc¢y, 4 ..'u�3ifl ,r• INFORKRTION ITEK8 Kenai City Council X*etinq of July 7, 1993 1. 6/17/93 City Council Meeting "To Do" List. 2. 7/93 Greater Kenai Chamber of Commerce, chamber chatter. 3. 6/93 Resource Development Council, Inc., Resource Review. r- TO DO LIST June 171 1993 City council Nesting RAZ - Bring security information of airport terminal to council for review in six months. Have glass partitions placed between car rental agencies at the terminal. DO NOT eliminate the vehicular service road from the east side of the airport. CLB - Put all Planning & Zoning Commission applications on file in the next packet. Put sales tax discussion on agenda for an August Council Meeting. api&h June 23, 1993 at- ;+09--Poor- - Postponed. Place executive session for evaluation of City Clerk and City Attorney on July 7, 1993 meeting agenda. cm - Prepare booth for AML Conference regarding All -America City. JW - Prepare letter of support regarding construction of new elementary school in Kenai. XX - Check with Wince-Corthell-Bryson regarding readiness of Thompson Park trunk line drawings and bid specs. Get rid of junk car at the shop. Get a proposal from Kenai licensed architect for design of new animal control facility. JL - Investigate junk cars at Spur Motel. CAB/CRG/ XX - Meet with Dan Green and make payment for completed work on Kenai Courthouse project and upon the satisfactory completion of the work and settlement, produce an agreement pursuant to the discussions at the 6/16/93 meeting. CAB - Do a transfer from the City to Economic Development District for City's share of the AML Conference costs discussed. LCM J-j MIL� ra aF ZOG -0 Q LL. z Lu Y z F w aj Y ••••••••••••••••••••••••'•••Goo a ! a ag fit Ar. rnfi� ,-'IN Kenai Chamber of Commerce 402 Overland Kenai, Alaska 99611 (907) 283-7989 (907) 283-7183 (Fax) ATTENTION MEMBERS Please be advised that the Kenai Chamber of Commerce is sponsoring the KING ROYAL CIRCUS which will be held on July 16th & 17th at the old FAA grounds. It has come to our attention that members and the general public have received calls by this organization portraying themselves as employees of the Chamber. In addition, they are advising advance ticket sales will assist disadvantaged children. The Board of Directors of the Kenai Chamber of Coerce wishes to apologize for any confusion this has caused. The above event is.�;sancdoned by the Chamber, however we were unaware advance sales would be conducted in the above manner. Advance ticket purchases may be donoted to anyone you wish to have them. The Kenai Chamber of Commerce will be receiving 25 % of all advance ticket sales, and we are the official sponsor of this event. US. If you have any questions relating to the circus, please don't hesitate to call Best regards, Laura Measles Executive Director g * ' RING ROYAL BRCS CIRCUS r CIRCUS ► KING RUYW. HRa-. ?+ii'U,, Jwl c ca m r iito z x z a a -+ r'a QC7 {Y �� s. r, G a CJ Li r._ st of lw + 1 1 kn Ur F c cl C3 a lA �AKING ROYAL BROSGRC]J';a IM CiRCCi:> *. KflQVGIKGY:gL.FlA',C45CIRCUS r GHCU:a � & wrAr ``ot 5 i e e { P taE .:I °ES• i i I,�' ' I 1'', j 1 a .: .it ' u , � �, y a i 4i I � a �Ry"<� 1 1 � :It kl, yo, E.II •Ej i f . p:'"' q �'.1 R, y. �j P�If FF'E� �''1df''ai,••[ .:� d , d }.' I; �. r; e,t la t Fit: } °l:r Er.dlt .xrl�••,,. ,"}f •.(I,. .!•• h ? ,i, Re e, :°y '£�f:.�:i!-'%'.+:i a, r: .1,.. `rf+. ' W t f• jo !1 _ i! a ; {;::: , I. ' r4 . 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I I,I i! `•, 31'�' ' "!' 1 fi�t•y'. r , :Ir i ,',Ir i rl• •..'...� ki 'I€'�i.r!i?; ;.. ! w. s. al ld.jR•r �'�.4•: f. i.�•,�•ai�ails•gi�l� ',Ir;.. p.Aq., .: i . i.:.ger".. ,eGP 51�•r : I,� }j G, q ; . , C G �'�i � i� i ; sr r :.n �,.Mt.. rlir ' ep.: M: ..,E .:w• �r ! i :i ¢ I,' �Je E �x �i 5 jr I �i �I' .:�lp i�R 'i�'. i p e s'tm e�� � ; ' p �� ;`q� �. M 'Eq .4 �€ � i�� � 7', • '+1 Ta { � i 4:E ' fi r; I •V:'y4'. .I�E:i i� uri t IS ,�4 oIF'F :����jji Pir,•i e,; +• { ' y Ty', 3 f i' !.. 'v1 '.�Isf?'• 5r �' ti}'� !' �H". •Eti�t 7 4 0 4 6 0 40 JULY 3RD- 6-2.0 pm A LIEF HANSEN MEMORIAL PARK COMMUNLITTERFORMANCE THE GREAT LAND ERS=' SHOW BAND FAIR FORCE BAND,'#PF-THE PACIFIC) • *FREE HOT'DOGS r ""WIT r- W"1771`74 T 9 OF MR. M-- ANATLaMAINE 1 MUM! RANn 10 EENAI 130"AR"I CLUB *EN'T1'R'1.;1NMFNT BOOT SING)SC BODYBUILDING, TVIUSIC A!, MVRF�! "'CRAFT FAIRE** Kenai Mall .if'd - 10cm-6pin 4th - 12 noon - 5pm I Chikile,11s Games 73ov5, & Girls Club �pm 'P-eninsujo Oilers Busei3cil I TREE* —CAR RACES" Twin Cilics Racc way if40 "WE COULD HAVE WON, IF..." CHALLENGE CUP SOFTBALL GAME The Greater Soldotna Chamber of Commerce invites a worthy opponent, the Greater Kenai Chamber of Commerce, to participate in the Sth Annual Progress Days Softball Challenge (a friendly Friday evening of co-ed softball). DATE: Friday, July 23, 1993 (for nine innings) TIME: Starting at 7:OOPM PLACE: Soldotna Little League Fields REASON: Because we know it will be fun! COST: Soldotna Chamber provides the food and Kenai Chamber provides the beer and wine. THE GAME Playe=yibil_ v All players must be members of the Greater Kenai or Soldotna ' Chambers of Commerce, or their employees, who are not currently a member of any professional or amateur ball league, and be a minimum of 18 years old. Field of play_ The field of players shall consist of 10 positions (however each team may enlist as many players as they wish). The field positions are: Pitcher Third Baseman Center Fielder Catcher Right Fielder Short Stop First Baseman Left Fielder Short Fielder Second Baseman Each team must supply their own equipment. Game conduct: The game shall be conducted as follows: This is a "fun" (not for blood) match where each team's pitcher will pitch to their own team. There will be no "walks"; only hits, strikes or strike outs. Uniform team Identification Is desirable. The co-ed mix on the field at any one time shall be 50% men players and 50% women players. Just for fun, the running order for bases Is reversed, so that the batter will travel first to 3rd base, then 2nd, then 1st before crossing home plate. Each team is required to name an honorary coach, who will coach the other team. Each team is also requested to provide one individual to act as either a field umpire or home place umpire, position to be determined prior to game time. Although highly unlikely, should a dispute or disagreement arise, it will be settled by coin toss. 17 The winner, who is really the loser, will be presented a perpetual trophy following the game. tf youua�s as R� oa exa.aad wMk #* funl .. ,. s At their most formative age, children are inundated with information on why America must preserve its resources, but very little on why it must develop them responsibly in See����������king bal'anice71,1. Sam: 1qn AgIalk so u rce ed,u o%;ft!t�! box" of user-friendly ideas and lesson plans for teachers, as well as a dynamic hands-on program of activities for students. The kit is consklered the heart of minim and energy resource education in Alaska. Photo by Hal Gage Thirty years ago, textbooks illustrated chemistry in terms of industrial processes. As mankind sent the first rockets into orbit around the earth, textbooks framed resource develop- ment in terms of national wealth, security, economics, and consurrw p6ducts.. Today's$ books, however, illustrate chemistry and re- source development almost exckmively in terms of environ- mental irhpects. For instance, in Ghernietry 101, case studies compare water samples in a stream above and below a factory's- discharge. New' approaches emphasizing environmental aware- ness has, revolutionized thinking among the nation's young. At their moetformative age, children today are inundated with informationon why America must preserve the earth's re- sources, but very little on why it must develop them respon- sibly. While'this new trend might be pleasing to preservation- ists, others are concerned the pendulum has swung too far. Fearing America may become a nation of consumers without producers, industry executives are concerned that schools are turning out "eco-warriors" with little or no under- standing of mineral and energy resources and their essential role in society. In their judgment, much of the material directed at children —from comic booksto classroom instruc- tion — is filed with half truths and distortions. Meanwhile, school administrators and teachers are receiving more com- plaints from parents who claim their children are receiving more environmental indoctrination than education. (Continued to page d) Guests at the NANA Regional Corporation table included Jim Campbell, Willie Hensley, Abbe Hensley, John Rense, unidentified student and Emma Walton, Science Coordnator for the Anchorage School District. ROC Executive Dlred Oft008Y intr6duces keynote speaker Dr. Jim Drew to the AMEREF exhk* at the Annual Meeting lunch. RDCboardmembers visit exhibits on reso, and environmental education programs. Annual Photos by Aaron Weaver Resource Development for Alaska, Service High School Junior Julie Stanczuk took top honors in the high school category of RDC's essay contest while her sister, Kathryn, a 7th-grader at Hanshew, had the best may among junior high school students. A number of students and teachers' attended the Annual Meeting lunch, which included exhibits on resource education programs. Page 2 / RESOURCE REVIEW / June 1993 vvvvwNrnc1 n VV1i11411. %aPWUU .•a0 WFWi &Wu — I— -­ "v term at the Council's Annual Meeting in Anchorage May 26. Other new officers include Senior Vice President Dave Parish, Senior Public Affairs Representative for Exxon, and Second Vice President Elizabeth Rensch, General Manager of Analytica, Inc. Scott Thorson, President of Telida Proper- ties, was elected Secretary, while Allen Bingham, a Partner in the accounting firm of Deloitte & Touche, was named Treasurer. Cloud has extensive experience in commercial lending throughout Alaska and has held increasingly -responsible positions since joining NBA in 1976. He has been a member of the Rotary International since 1982 and is currently a member of the Anchorage Downtown Rotary Club. He serves on the Board of Directors for the Alaska Minerals and Energy Resource Education Fund (AMEREF) and is a past director of the Alaska Miners Association. Cloud holds a bachelor of science degree in business administration and finance from the University of Montana at Missoula. Newly -elected members of the Council's Executive Com- mittee include Jacob Adams, Arctic Slope Regional Corpora- tion, Barrow, and Tom Williams, BP Exploration (Alaska), Inc., Anchorage. New appointments to the statewide board of directors include Anchorage residents Robert Stiles, D & R Ventures; Senior Vice President, Elizabeth Rensch, Vice President, Scott Thorson, Secretary and Allen Bingham, Treasurer. Scott Thompson, Alaska Power Systems and Lee Wareham, Alascom. Other members include Ernesta Ballard, Cape Fox Corporation, Ketchikan; Lorraine Glenn -Derr, Department of Revenue, Juneau; Arvid Hall, Taiga Resources, Girdwood; Mayor John Harris, Valdez; Kern Pohle, Fairbanks Gold, Fairbanks and J.C. Wingfield, Plumbers & Pipefitters Local 375, Fairbanks. Jim Cloud presents outgoing Presok Paul Glevinovieh with a RDC "First barrel of oil"plaque in appr c atlon for his efforts over the past year. June 1993 / RESOURCE REVIEW / Page 3 AMEREF seeks balance and b'..ct.v�#y in resource rtion Pbpular acceptance of AMEREF program reflects success with teachers and students (Continwd from w wr) While environmentalriissues canoe° an important additiian to any curricu- lum, they must be dd#ft with in an'accu- rate and balanced manner. This is where the Alaska Minerals and Energy Re- source Education Fund (AMEREF) comes into the picture. "We want to maintain balance and objectivity when educting! about crti- cal environmenW ail; resource devel- opment issues," said Johil Blackwell, President;of AME 'f+, a non-profit or- ganizationthatp e$A,40Ms ais: with a non-biaNO haturW resource education program.!, For the pi19t 1:00 yrtaars; AMEREF has provided !boO pultilic and prh ato schools across Alaska with a unite resource education program that pre- pares students to make informed deci- sions about Alaska's mineral and en- ergy resources. While dwarfed by the mere number of environmental educa- tion programs now hitting the schools, the continued popular acceptance of the AMEREF program reflects its suc- cess with teachers and students. At the center of the AMEREF pro- gram is the Alaska Resources Kit. This Alaska specific, interdisciplinary set of lessons, activities and support materi- als provides students with information about Alaska's do" heritage with miner- als and energy, resources. The kit is a helpful "tool box" of user-friendly ideas and lesson plans for t chemis a,ts well as a dynamic hands -art program of activi- ties for students. "The Alma Res Ou Kits acre in great demand by claritiorocrm teachers, which shows tree ti>W this is a need in the school districts f00,1he kind of infor- mation and curriCrkalum AlMrgiREF pro- vides," said Jerry Covey, Commissioner of the Alaska Department of Education. "Having used the kits myself in the 'Through the process of developing these kits, teachers have developed a sense of ownership in the program. This sense of ownership, along with the balanced and objective nature of the kits, have been a key factor in the program's acceptance among Alaskan educators. " John Blackwell Kotzebue schools, I know the quality of these materials, the training that goes with them, and the involvement of many classroom teachers in creating this cur- riculum," Covey said. Speaking before the Annual Meet- ing luncheon o� the Resource Develop- ment Council in Anchorage May 26, Covey noted that the AMEREF kits are "the heart of minerals and energy edu- cation in Alaska." He said they are probably the only balanced source for minerals and energy information de- signed for teachers and students. More than 7,000 educators have been introduced to the kit through teacher training sessions, university credit courses and presentations. Over 150,000 students have been exposed to its materials. Some 1,000 kits are now being used, in $11 of the state's 54 school districts by more than 1,000 teasi6��ers. With coordination by the Alaska Department of Education and support of school administrators, educators throughout Alaska developed and con- tinue to review, revise and use the kits. Scientists, individual miners and other resource managers providerelevant input and contribute their time in help- ing develop the kits. A major element of the kit is the teachers' manual, which guides the in- structional activities and use of the kit components. The manual contains 432 pages of copy -ready student text, ac- tivities, glossaries, maps and charts.., annotated bibliographies and refer ences. Dozens of lessons are distrib- uted among manual's four modules: Alaska's Mining History, Alaska's Geol- ogy, Alaska's Minerals and Mining, Economy/Ecology. A new module, En- ergyand the Environment, is now in the drafting and review stage. Blackwell, who now serves as AMEREF's President, is considered the founder of the organization and is cred- ited with building the AMEREF pro- gram into what has become a dynamic partnership between the private and public sector in education. In 1983, Blackwell inspired the Alaska Miners Association, the Alaska Department of Commerce and Eco- nomic Development and the Alaska Department of Education to seek a grant from the Alaska Legislature to partially fund a minerals and energy education program for Alaska schools. Teachers from around the state then conceived and wrote lessons and activities and selected resource materials for inclui `, sion in the kit. Teachers further pilot' taught, reviewed and revised the les- sonsto create the "classroom tool box." "Through the process of develop- ing these kits, teachers have devel- Page 4 / RESOURCE REVIEW / June 1993 oped a sense of ownership in the pro- gram," said Blackwell. "This sense of ownership, along with the balanced and objective nature of the kits, have been a key factor in the program's accep- tance among Alaskan educators." AMEREF itself was formed to help raise funds necessary to complete the project, as production and distribution costs exceeded the initial legislative grant. Blackwell notes that AMEREF continues to raise funds to finance on- going teacher training, necessary im- provements and long-term continuance of the program. Funding for the pro- gram is spearheaded by the AMEREF board of directors and comes through private donations, grants and various fund-raising activities. While the Resource Development Council has assumed administrative functions for AMEREF, the program itself is worked directly through the Alaska Department of Education. This union facilitates use of established lines of communication and existing organi- zational structures for statewide accep- tance and support. Teachers continue to contribute actively as advisors, writ- ers and trainers. Blackwell and the AMEREF board are seeking funding for new kits and related teacher training and curriculum support. With school enrollment increasing, Blackwell noted there is an urgent need for additional. funds and personal in- volvement. "More kits are needed to satisfy demand from teachers," Blackwell said. "We have teachers screaming for kits and the waiting list gets a little larger each month." bold by A,fifW WeNW In most schods, a single kit is shared among teachers, and many of the older kits need replacement. "The newer schools don't even have a kit," Blackwell noted. "We can't ignore the importance of resource education in our schools," Blackwell said. "if industry is to survive and young Alaskans are to find jobs "The Alaska Resources Kits are in great demand by classroom teachers, which shows me that there is a need in the school districts for the kind of information and curriculum AMEREF provides.. Having used the kits myself in the Kotzebue schools, I know the quality of these materials, the training that goes with Own, and the kwivement of many classroom teachers in creaming this curriculum. " Jony covey Commissioner, Dept. of Education here at home, it will be through the education process. The students we're trying to reach today will be making tomorrow's decisions." Dr. James Drew, Dean of the School of Agriculture and Forestry at the Uni- versity of Alaska' Fairbanks, is a strong supporter of the AMEREF program and believes additional K-12 curricula needs to be developed on resource develop- ment. Atthe RDC Annual Meeting, Drew suggested internships for K-12 teach- ers in resource development industries and agencies. "Teachers need to know first hand about resource development in Alaska," Drew said. "They can then use ex- amples from resource development to illustrate concepts in physical, biologi- cal and social sciences." In a keynote address before 230 industry, government and education officials, Drew said Alaska's future is in the developmentof its natural resources. "Is resource development good for kids?" Drew asked. "You betl It pays for services and goods that would other- wise not be available. It provides jobs and creative opportunities for people. It provides the products we use in every- day life." Drew's solution to the resource de- velopment controversy in Alaska is to "enhance a culture for resource devel- opment." Education is the ticket, Drew said. EdHor's Note: AMEREF needs your help! Children need the facts about resource industries and the fundamen- tal contribution they make. You can make a difference in promoting a gen- eral better understanding of natural re- sources and the public benefits they provide by contributing to the AMEREF program. Call Carl Portman at RDC (276-0700) and find out how you can advance resource education in Alaska. June 1993 / RESOURCE REVIEW / Page 5 1993 a grislative session Productive legi.slative session for privatemsectoreconom-ic Wowth' by Ramona Barnes House Speaker The 1993 Legislative session marked a sharp and positive change in state spending trends: one that will have an impact on our state for years to come. We saw lawmakers with a pro - business and development attitude take control of the legislative process and put programs into place that will de- velop infrastructure in Alaska and set the stage for long-term jobs and re- source development. It was a refresh- ing change for those who waited for years for the state to provide the sup- port which makes private sector eco- nomic growth a reality. The legislature moved to cap spend- ing on social programs without harming those individuals now dependent on them. At the same time funds were spent on long overdue construction and maintenance projects. During my first week as Speaker, I appointment an economic development task force. Chaired by Finance Com- mittee Co-chair Rep. Eileen MaClean, this task force met throughout the ses- sion to identify legislation which pro- motes job creation. It will continue to meet during the interim and next ses- sion. With the help of task force mem- bers, I was able to push through the House and Senate a sweeping energy policy bill which provides a total of $125 million in grants and loans to build elec- trical interties between Healy and Fairbanks, Anchorage and Kenai, Sutton and Glennallen, and Swan and Tyee Lakes. These interties not only create hundreds of construction jobs for Alaskans, but they'll provide a reli- able power grid that will provide a basis for future economic expansion. Pas- sage of the energy policy bill is the result of a decade of effort, and will be seen by future generations of Alaskans as a key to this state's economic health. Page 6 / RESOURCE REVIEW / June 1993 We have beencriticized by some in the media for overspending, and at the same time not Spending enough for individual municipal) priorities. This criti- cism is unfair. For thefirst time in years, spending on the operating budget dropped. Our budget is $23.9 million less than it was in the last fiscal year and $14.5 million less than requested by the Governor. We funded 217 fewer posi- tions than requested by the Governor and cut legislative staffing costs by al- most $1 million. While the Legislature curved spend- ing on the operating budget, it also redirected capital budget priorities. The Governor asked for $330 million in capi- tal projects and an additional $67 mil- lion for capital matching grants. We replaced his plan with one that totals $300 million, including the capital match- ing grants. We fairly addressed the needs of all the regions in the state. Included in the capital spending plan are $130 million in road projects for the central region, $60 million for northern region roads, $32 million for Anchorage International Airport, and $82 million for a ferry for the Marine Highway. These projects, and others like them, will im- prove the transportation system while creating construction jobs for Alaskans. The criticism leveled at the Legisla- ture comes from those who lump the capital budget together with the school repair and Exxon and Alyeska criminal settlement spending packages. I be- lieve it is important to consider each spending plan separately and to look at the funding sources. In the case of criminal settlements, the Legislature was simply a conduit for the money. If the legislature hadn't appropriated the money, it would have been spent by the Trustees. Projects funded by the Alyeska settlement were agreed to by the state in advance. Alaskans asked for a plan to repair their schools. The Governor suggested that we spend most of the $630 million BP tax sditment for that =260 We said no, and offered tq million instead to address ft most pressing IN, health and saf* con- cerns in our school and universitybuilr!- ings. We also>negotiated a $175 mWion school bond package with the -Sedate. We are also working on legislation to address the Mental Health Lands issue. Representative Sill Williams, Chairman of the Resources Commit- tee, is studying the issue in light of a recent court ruling. We expect to continue work next session on legislation tightening up the "470" fund. This fund was intended to create a $50 million pool to be used in the event of a large oil spill and was intended to set up regional oil spill re-.—, sponse depots. It is to be funded through a nickel a barrel oil tax. The intent of the original law was to suspend collection of the tax when the fund reached $50 million and to only reimpose the tax when the fund fell below that level. Yearly expenditures from the fund have kept it from ever reaching $50 millior !t is necessary to take the steps to fill this account so that in the event of a major spill, the dollars will be there to immedi- ately respond. A pro -development mining bill which was sponsored by Rep. Pete Kott of Eagle River (HB 213) was signed into law by the Governor earlier this month. In most cases it prohibits the closure of state lands of 640 acres or more to prospecting and mineral development. This bill is another example of how the legislature can work to make private -sector development more likely. -egislative committees will meet throughout the summer and fall preparing for the next session. I strongly encourage members of RDC to take an active role. We in the House majority. welcome your input("" It is my intention to continue to create a' positive pro -business climate in state gov- ernment and I look forward to working with you. Resource use versus E is Note: TII ffi# i #4g is "cerpted from remarks Madf,41(0 the Abska Min- ers Associaltfio0confdrehce inJuneau Apr#22and reprint lathe !Voice of the Times on hY 12. By Dr. , or ol':AWka If the United, Stated is ever to hope to pull out of its ecorlp rnic doldrums, indeed its eccmmio decllrle, it is going to have to urilealsh the'power of its people to ul t0 great resources of this land we,oall Atska. And use the resources of other parts olthe nation as well. Not misuse theist. blot I plunder. Not destrott.,But to fork the land'with the accumulated kkolodge of the last century and w4hthe" respeO natural beauty deserves. 'ifu"e need to have miners mine, aencf lumber mills out wood, and oil and gas people do what they do best. You would think that this,proposi- tion is self -evident --that instinctively a nation under economic pressure would let work happen. But that is not what is taking place. Instead, when it comes to the use of natural resources we are paralyzed, and the result is that indus- tries essential to our national renewal are needlessly restrained. The American economy is in trouble. Our national wealth has been tumbling for 20 years. Much of this has been the price'of our victory in the Cold War, the value of which should not be underestimated. Our investments in national defense have chewed away at our nation's resources and absorbed much of our talent and our energy. This is not a partisan observation. The leaders of our national political parties do not deny what exists although Aey energetically argue the reasons and the cures. A national budget out of whack. A balance of payments plight that has transformed the single major international investory of the first two- thirds of the 20th Century into the larg- est debtor of the final third. Behind the numbers is the real sacrifice, the ero- sion of the industrial base, a faltering medicalsystem, schools unable to re- spond to fermenting needs, the futility of searching for work if you lack experi- ence or an expanded education, crime, illiteracy and urban decay. "Make no mistake about it, when a congress votes to pad - look AN A, or to increase taxes on mining, or to limit timber harvesting, or to in- crease the range and authority of "regulatory bodies to stop de,volopmsnt rather than pro- mote careful development, it has nurtured increases in pov- erty, it has +accepted increases in crime." Is there any question that we are in bad economic shape? I am not referring to the transitory economic woe that comes with recessions, but rather a long run economic decline that if not turned around predicts political and social outrage. It is not simply that Ameri- cans will not be able to spend as much on consumer goods as other people, and will not live as long or live as well. These are comparative views, and be- ing best is not as essential as being good. The real threat is we are staring at an absolute, not just a realistic, decline. Real wages have gone down in this country since 1973. That is not com- parative. What is most painful is how much this democracy we love so deeply will be strained if its per capita income continues to decline, its distribution fur- ther polarized, and far less resources and less zeal are available to care for the sick and shelter the homeless and take care of the children. You do not extract yourself from long-term economic declines by putting unnecessary constraints on mining, on oil exploration or on harvesting lumber. We are an interdependent economy. What happens in the mines of Alaska affects the people in East Los Angeles. What happens in the oil fields in Prud- hoe Bay affects the availability of hous- ing in Chicago. Make no mistake about it, when a congress votes to padlock ANW R, or to increase taxes on mining, or to limit timber harvesting, or to increase the range and authority of regulatory bod- ies to stop development rather than promote careful development, it has nurtured increases in poverty, it has accepted increases in crime. I am not suggesting we begin to plunder the countryside and carve up every piece of ground and slice down every stdnding tree. Quite the opposite. The environmentalist's greatest enemy is poverty. It is not affluence that cuts dawn the Brazilian rain forest, nor is it wealth that keeps cities from repair- ing waste removal facilities. It is persis- tent poverty and deep economic de- spair that wipe out our ability to build tomorrow, to save something for our heirs. It is social decay and violence that will ultimately pollute our streams, and contaminate our water, and de- stroy the wilderness we now cherish and protect. We, fortunately, seem far from those destructive levels of impoverishment. But we invite those levels of poverty and environmental degradation if we fait to meet the essential needs of the poor that live in the inner cities, towns and villages across this nation. We need to develop sustainable harvests where we can; we need to extract natural resources without en- dangering the land. And we can. Those who are valiantly striving to preserve and protect our planet's natu- ral beauty and its long-term ecological health cannot do it alone. For without the people who produce the jobs and develop the wealth and put bread on the table, there is no real protection. Historical experience should cause us to understand that at the moment we are in each other hands; if we linger too long we will be beyond each other's mercy. June 1993 / RESOURCE REVIEW / Page 7 .f � � e �t- We turn big ideas into reality, Is your business growing out of its present the Alaska Industrial Development and space? And you're thinking about adding on or Export Authority (AIDEA) and Bureau of building a new structure? Indian Affairs Guaranteed Loans. Let National Bank of Alaskas commercial real estate loan department customize a loan pack- age for your individual needs. We offer interim, long-term and resideni al construction loans. And we work with several special loan programs including: Small Business Administration, Resource Development Council 121 W. Fireweed, Suite 250 Anchorage, AK 99503 ADDRESS CORRECTION REQUESTED Call us today at 265-2966. We'll help turn your ideas into reality. Ms. Carol Freas Clerk City of Kenai 210 Fidalgo Avenue Kenai AK 99611 Xj I1�al o-fA MEMBER FDIC N R Bulk Rate U.S. Postage PAID Anchorage, AK Permit No. 377 17 Education does not operate In isolation. In 1982, AMEREF was formed as a professional partnership between the private and public sector to help students learn about Alaska's mineral and ,energy resources. To support this broad -based program for teachers and students, well over 1,000 people have con- tributed expertise, money and countless hours oftinytoA l F. Don'stionsf ulpOo n$5 to ; Qdos doot to, corsir * "ram, W".4pE tho he d of. mirror and shergy and• z,s a d inp th#A64,*wingot trret c wily. Ovot 11 d000 on # of* sow o-poe w► sad kit natefta�. wtdch in sli pper of, oil, ndh+IMli tw and r� irk to Alaska, vW660daudic *"i ffilR* . posom! tnamWince bodes, a Wdlsk and dozens of Lesson plans and hands-on learning activities. Thp kit i# A10M spedift. Alaska teachers and in km" sc lenlists 000tinually revise and update the kits to keep it usefully current. Alaska teachers have personally developed over 150 individual and group acthrities for the kits, showing how universal concepts and issues apply to Alaska. The kits are so flexible they are used in classrooms from kindergarten through high A FMA -1 1 .r� M. w r Resources Kit: Mineral £ Energy pr+avdl by AMEREI Alaska Minerallsnd Energy Resource Educaitfan Fund a501(C)3 000MMOOn school for social, studies, science, vocational educationcour sandca,ro wr;calunseung.They are in great demand by oldesmom teachers which shows that there is a creed In the school districts forthe kind of Information and curricu- lum AMEREF provides. A waiting list for new kits grows daRy as there are stil[a number of schools yet to retelvel one. You can make a difference In resource education by contributing to the AMEREF program. When calculating your annual chari- table contribution, please consider a gift to AMIEREF as a wise investment for the future. Tho AMOM tF11ircee Kb NO"* and provided to public and private aal oFWs without chime since '1 Mt 00= se of t!e#g � fAlaskaart�l t h slrrs rGorfenIt- ted to iresarrl education. Your tax•dsductible contribution to AMEREF is ' vital to make a difference in Alaska's future. The AMEREF goal is to pro- vide students and teachers with knowledge, attitudes and skills necessary to make in- formed decisions regarding Alaska's mineral and energy resources. • HELP provide a belmee of infornerltion and public awareness of the vital roles Alaska miperald'ensrgy.resourcee play irr modern Alaska. • HELP raise student Interest in science and math, moving them from gen#rpI awareness to positive skis so they Can Blake Informed derelsiwa�ns. • HELP promote industry specific career guidance with classroom visits by resource professionals, and student/teacher visits to work sites. • HEL.P exerrnpiify 000psration between public and private sources of educational materials, a necessary ingredent to restru ture education in Alaska. FEntloi ed e a tax-deductible gift of $ for the 1993 tax year. Tease send a receipt and keep me well informed. I want to make a difference. NAME PHONE BUSINESS ADDRESS CITY STATE ZIP Mail to .AMEREF, 121 W. Fireweed Lane, Suite 250, Anchorage, AK 99503 1791-1981 _ n CITY OF KENAI 62alaW 4 4Za,;,� 210 FIDALAO KENAI, ALASKA M11 TELEPHONE 283 - 7535 FAX 907-283.3014 TO: Keith Kornelis, Public Works D'rector FROM: Jack La Shot, City Engineer L. DATE: July 6, 1993 SUBJECT: Thompson Park Sewer Interceptor (Phase n, and Thompson Park Sewer, Water Systems & Streets (Phase H) Below is the proposed schedule for construction of the referenced project, assuming that the decision is, in fact, to go ahead with it now that the funding picture is clearer. Advertise for bid: July 27th Bid opening: August 25th Start construction: September, 93 Complete construction: Mid -summer, 94 The tentative schedule for Phase II is: Appropriate funds: Design project: Bid project: Start construction: Complete construction System functional: Finish work: ASAP Winter 93/94 March/April, 94 May/June, 94 October, 94 Spring, 95 Charlie and I have discussed the potential development of residential lots along the golf course, past the clubhouse (Block 3 of the attached preliminary Five Iron Heights). There apparently, however, is still some confusion whether this property is available for development. The State Parks people say this part of the land is dedicated to outdoor recreation, however, we don't believe this block should be included. It may be best to resolve this matter before considering further whether to construct a road, water main, and service lines to these lots. Phase II may be the time to consider it. We are probably looking at about $200,000 to develop these potential lots (about 14). JUkv Mr to M d N r7 o'os l I L T I� ® °' to C I co c a I � o p� to I �I cn c 1 w ® � I C I 0 POPIAlpgnsun 3.,00,OO.00N ,99' lM 'woz a — — — — }uawaso3 Gull UOROGS ,OS O J CD 1p 0 co Y C� N1/16 Sec 2 LEGEND: MONUMENT (found this survey) • 5/8' REBAR (found this survey) PARTIAL AS -BUILT Kenai Golf Course / Preliminary Five Irons Subdivision / East Kenai Trail Park Located within Government Lots 1, 2, 3, and 4 situated in the N1 /2 N1 /2 Section 3, T5N, R11 W, S.M. INTEGRITY SURVEYS HC2 BOX 385 SOLDOTNA, ALASKA 99669 SURVEYORS 2629461 PLANNERS J OB N0. 91121 & 91129 PLATTED: August 6, 1991 S U R V E Y E D: July 26-30,1991 ( S C A L E: 1 200' _ 2c =2 :56 3?728246720 I TNINCZ-CORMLL-BRYSON COMOMTING IMIENEERS . P.O. BOX 1041 1MKAI, ALASIKA 99611 (907) 283-4672 July 2, 1993 City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Attention: Jack LaShot Subject: Lawton Drive-Swires Drive Road and Water Line Jack: In accordance with your verbal request, Wince-Corthell-Bryson is pleased to submit this proposal to provide Design and associated Preconstruction Services for the subject project. We estimate that the following services will be necessary to provide bidding services, print Plans and Specifications, and provide support services for a City prepared Corps permit reapplication. Update Plans, Specifications, Quantities: Engineer VI 40 hrs @ $75.00 Technician/CAD 30 hrs @ $51.00 Total Printing: 40 Sets of Plans i Specifications $50.00 Per Set Total Prebid Meeting, Addenda, Bid Tab: Engineer VI 20 hrs @ $75.00 Typist 2 hrs @ $35.00 Total $3000.00 1530.00 $4530.00 IL161-011WITO QIOII.O $1500.00 7Q- 00 $1570.00 Corps Permit Assistance (Permit Application by City): Engineer VI 16 hrs @ $75.00 $1200.00 Technician/CAD 8 hrs @ $51.00 408,,00 Total $1608.00 Miscellaneous materials $ 192.00 Total Design & Services Not -to -Exceed $9900.00 1 JUL 02 '93 11:56 90728346720 It is our intention to have Mark Blanning provide the design services. If you have any further questions regarding this proposal, please contact me at our office. Sincerely, hilip son, IVE. Wince-Corthell-Bryson 2