Loading...
HomeMy WebLinkAbout1993-09-01 Council PacketKenai City Council Meeting September Packet 1, 1993 �T KENAI CITY COUNCIL - REGULAR NEETINO SEPTOWSR 1, 1993 7:00 P.N. KENAI CITY COUNCIL CHAMBERS 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Kathy Scott - Kenai Peninsula Borough Health Plan A. 2. Pat Owen - Frontier Training - Request for Land Grant. 1. Resolution No. 93-68 - Accepting a Grant From the State of Alaska for the Airport Electric Gates Project, Phase I. 2. Resolution No. 93-66 - Transferring $20,000 in the Kenai Courthouse Capital Project Fund for Additional Inspection Services. 3. Resolution No. 93-67 - Rescinding the Award of a Contract for the Construction of the Kenai Airport Runway and Taxiway Crack Sealing and Painting, 1993, Due to the Low Bidder's Inability to Obtain Bonding as Required by AS 35.­25.010. 4. Resolution No. 93-68 - Transferring $9,850 in the Airport Land System Fund for Crack Sealing and Painting of Runways, Taxiways, and the Ramp. 5. Resolution No. 93-69 - Declaring Certain Equipment, Supplies and Materials Surplus or Obsolete. 6. Resolution No. 93-70 - Awarding a Contract for the Construction of the Thompson Park Sewer Interceptor to Zubeck, Inc. for the Total Construction Amount of $1,035,607.65 Which Includes the Basic Bid and Additive Alternate A. 7. Resolution No. 93-71 - Awarding a Contract for the Construction of the Kenai Airport Runway and Taxiway Crack Sealing and Painting, 1993, to Anchorage Enterprises for the Total Construction Amount of $114,850.00 Which Includes the Basic Bid and Additive Alternate A. 8. Resolution No. 93-72 - Congratulating the Peninsula Oiler Baseball Club for Their Twenty -Year Anniversary and Their Success in Winning the 1993 National Baseball Congress World Series. 9. Resolution No. 93-73 - Accepting an Invitation from the Secretary of Defense to Participate in the 50th Anniversary of World War II Commemorative Community Program. 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 August 18, 1993. G. OLD BUSINESS N. N19W BD8INESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 M 3. *Ordinance No. 1S64-93 - Amending KMC 23.50.010(b) by Adding a New Pay Classification Called "Parks and Recreation Administrative Assistant." 4. *Ordinance No. 1565-93 - Amending the Official City of Kenai Zoning Map for Certain Lands Described as Lots 111" and 112A," Schurr Subdivision. 5. *Ordinance No. 1566-93 - Increasing Estimated Revenues and Appropriations by $500,000 in a New Capital Project Fund Entitled, "Courthouse Soils Removal and Remediation." 6. Approval - Kenai Arts & Humanities Council Lease 7. Approval - Courthouse Equipment, Furnishings and Card Key System. 8. Discussion - Kenai Courthouse Project - City Administration's Recommendation on Requested Extras by McCool Carlson Green, Architects - Up to $20,000. 9. Discussion - AML/Weighted Vote 10. Discussion - Kenai Water System Study/Wm. J. Nelson & Associates. 11. Discussion - 1994-95 Capital Improvement Project List. 12. Discussion - Governor's Matching Grant Program. 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 -3- KRYOR'S REPORT BEPTMMZR 1, 1993 COUNCIL KEETING ADD: B-1, Additional Information -- KPB Ordinance No. 93-43 Creating the Kenai Peninsula Borough Health Care Corporation as a Public Corporation for the Purpose of Establishing a Health Maintenance Organization and Operating and Administering Health Care Payment Systems. C-3 i C-7, 9 1/93 Anchorage Enterprises, Inc. letter //�� regarding con4kact for construction of Kenai Airport ,p'4 Runway and Taxiway, Cracked Sealing and Painting. 411e, C-5, Addendum to Auction List (additional items to be declared surplus and obsolete). I-1, Heritage Village Development/8/25/93 J.E. Bittner letter regarding Historic Preservation Fund Grant Program. I-1, Plat of Old Town properties, property values, and list of property owners. I-4, Freas memorandum regarding election workers' confirmation. 1. Alaska Conference of Mayors - State highway program, Commissioner Campbell, ISTEA. 2. Mayor's conversation with T.J. Manninen regarding Kenai River Special Management Area. ;rd Healthy Communities....... A borough -wide health care plan concept. Kenai Peninsula Borough Health Care Advisory Council Sponsored by Kenai Peninsula Borough Economic Development District, Inc. and Community Health Service Development Grant through the University of Alaska, Fairbanks A Borough -wide Health Care Plan Concept Final Report to the Kenai Peninsula Borough Administration and Assembly July, 1993 KENAI PENINSULA HEALTH CARE ADVISORY COUNCIL Sponsored by Kenai Peninsula Borough Economic Development District, Inc. and Community Health Service Development Grant through the University of Alaska, Fairbanks Kenai Peninsula Borough - Health Care Advisory Council Burt Anderson Local Government Homer Jeanne Berger Health Care Provide Hope Lotte Bogard Health Care Provider Sterling George Carnahan Private Sector Union Kenai Judy Charpentier Non -Profit Organization Kenai Jim Clark, Phd Health Care Provider Kenai Marcus Deede, MD Health Care Provider Soldotna Margaret French Health Care Administrator Homer Jon J. Godfrey, DC Health Care Provider Homer Bonnie Golden Local Government Soldotna Jim Heim Media Soldotna Ken Hepner Clergy Sterling Vickey Hodnik, DDS Health Care Provider Homer Linda Hutchings Small Business Soldotna Ross Kendall General Public Nikiski John Kobylarz, DDS Health Care Provider Soldotna James Krasnansky Local Government Seward Mike Lockwood Health Care Administrator Soldotna Lorin McKay Health Care Administrator Seward Jon McMichael Public Sector Union Soldotna Karen Moore Public Sector Union Soldotna Jerry Near Insurance Industry Soldotna Marion Nelson General Public Nikiski Brenda O'Brien Public Health Agencies Seward Ron Pavellas Health Care Administrator i Homer Robert Roth Large Business Kenai Stan Steadman Economic Development Soldotna Dick Swarner Schools and Education Soldotna Emery Thibodeau Local Government Kenai Richard Underkofler Local Government Soldotna Raymond Zagorski Schools and Education Soldotna James Zirul, DO Health Care Provider Soldotna (Unable to Complete Appointed Term) Fred Elvsaas General Public Seldovia Bonnie Heimbuch General Public Soldotna Michael Pate Insurance Homer Paul D. Raymond, MD Health Care Provider Homer Michael Lockwood, Co -Chairman Burt Anderson George Carnahan Bonnie Golden Karen Moore li =1 Stan Steadman, Co -Chairman Richard Underkofler Marcus Deede, MD James Krasnansky Jerry Near James Zirul, DO Susan St. Clair, Secretary Sherry Biggs, Finance Proiect Management K. Scott and Associates, Inc. Kathleen F. Scott, President Box 2488 Kenai, Alaska 99611 Phone (907) 283-5130 Fax (907) 283-5918 for Kenai Peninsula Borough Economic Development District, Inc. 110 South Willow, Suite 106 Kenai, Alaska 99611 Phone (907) 283-3335 Fax (907) 283-3913 11 Advisors Bruce Amundson, MD Community Health Services Development University of Washington Jeff Bartlome, Director Institute of Rural Health Studies Idaho State University Pocatello, Idaho Kathy Becher Nurse Practitioner Kenai, Alaska Jack Brandt V. P. and C. E.O. NCAS, Northwest, Inc. Mountlake Terrace, Washington John Coombs, MD Family Practice/Pediatrics Clinical Professor University of Washington Seattle Dennis DeGross, Health Planner Rural Alaska Health Education Center University of Alaska, Fairbanks Dave Ford, President Ethix Northwest Seattle, Washington Amy Hagopian, Associate Director Community Health Services Development University of Washington Cynthia A. Rice, Manager Sound Care Plan Kitsap Physicians Service Bremerton, Washington iii Acknowledgements The Kenai Peninsula Borough Health Care Advisory Council wishes to acknowledge the assistance of many people and organizations. We would like to recognize the Kenai Peninsula Borough Assembly for creating the Health Care Advisory Council and the Kenai Peninsula Borough Economic Development District, Inc., for sponsoring the council's work. Ross Kinney, Kenai Peninsula Borough Finance Office and Borough Attorney Thomas Boedeker deserve special thanks for assisting the council in their search for financial and legal information. Judy Brady, Executive Director, Alaska Municipal Bond Bank provided essential background to the evaluation of revenue bonds for capitalization. The governing boards and administrative staffs of Central Peninsula Hospital, Seward General Hospital and South Peninsula Hospital receive special recognition and appreciation for hosting meetings and teleconferences for the Council as well as financing the representative sampling survey conducted in October 1992. Special thanks go to Barbara Russell, Sales Executive, Blue Cross of Washington and Alaska; Martin Howard, Regional Manager and Ed Mailander, Vice President Large Case Operations of Great -West Life for their time, talent and candid feedback about the potential for insurance partnering. Gary Bernardson, Visual Ventures and Bob Rubadeau, Discovery Underway are to be applauded for production of an excellent video and their major contribution of volunteer time. Thanks also to Tony Lewis for editing work on the plan drafts. Worthy of special acknowledgement are the out of town advisors who donated a weekend last October to critic the beginning stages of this concept that has since evolved several times more based on their expert feedback. All have agreed to continue as advisors. We especially appreciate Dr. Bruce Amundson and Dave Ford who served as plan facilitators providing guidance through the stages of this extremely complex study. The many citizens of the Kenai Peninsula Borough who completed surveys, participated in the community forums and responded with written comments have been of invaluable assistance in shaping the conclusions and recommendations of this report. Special recognition and appreciation is expressed for the intense dedication of project initiator Jerry Near without whom this concept would likely have not been born. And finally, special thanks to the Kenai Peninsula Borough Health Care Advisory Council Steering Committee who gave endlessly of their time, resources and talent to provide oversight and guidance to a most interesting and challenging project. iv Table of Contents Summary Introduction 1 Background 2 Principles and Assumptions 3 Community -based Managed Care Concept 4 Prevention, Early Intervention and Wellness 5 Organization, Implementation and Management 5-7 Plan Benefits & Costs 7 Eligibility 9 Funding 9 The Uninsured 9 Conclusion 10 Recommendations 11-12 Definitions 13-14 List of Appendices 15 VIA Kenai Peninsula Borough HEALTH CARE PLAN CONCEPT Summary The Kenai Peninsula Health Care Advisory Council, operating under authority of the Kenai Peninsula Borough', is pleased to present this health care reform proposal for consideration. The solutions offered in this regional initiative address primary health care issues facing the entire nation through - insurance pooling - community -based, consumer managed health care - use of a community rating system - application of a wellness, prevention and early intervention program This concept provides universal access to health care for all Kenai Peninsula Borough residents who qualify for the Alaska Permanent Fund Dividend. Individuals, small businesses, large group employers and government employee units may join together in a Health Maintenance Organization (HMO) that provides a multi -option environment with choices ranging from lower cost -high deductible to low deductible, comprehensive benefits. All options include the zero cost wellness, prevention and early intervention program. The response of the public from over twenty-five presentations and five public forums was positive. Key issues which surfaced during public input were interest in a high deductible, no -frills option and concern over the potential of plan failure. The Council responded to both issues by deciding to offer a high deductible option and by agreeing that a plan administration contract with an insurance partner was in order. Since Alaska Statutes Title 21 already authorizes the formation of a HMO, the Kenai Peninsula Borough Health Care Advisory Council proposes that the Kenai Peninsula Borough implement a successful consumer governed health care cooperative by July 1, 1994. ' Kenai Peninsula Borough Resolutions 91-135 and 92-117. Kenai Peninsula Borough Health Care Advisory Council Final Report • 1 • July, 1993 Background The Kenai Peninsula Borough Health Care Advisory Council is a thirty member cross - community task force appointed by the Kenai Peninsula Borough. The Council's purpose was set out in the enabling resolution to analyze and report findings and recommendations as to whether or not a borough -wide self -funded health insurance program would make health insurance available to residents of the borough at a more reasonable cost and increase utilization of local services. The Council began its work in January 1992 establishing this purpose in the mission statement: To make findings and recommendations as to options for the establishment of a Borough -wide insurance program which would make affordable health insurance available to all residents and thereby increase access and utilization of the local health care system. The Council then conducted a review of national health care systems and reform proposals including the Oregon Plan, the Hawaii Plan, the proposed Vermont Plan and the Canadian Health Care System. Summaries of these plans are located in the appendix of this report. While all the plans have merit, none work efficiently when applied to rural Alaska. All the plans are state -level systems that include major legislated mandates. The primary factors driving health care costs on the Kenai Peninsula are the same factors driving costs elsewhere. The Kenai Peninsula Health Care Plan addresses specific elements identified as national issues. No other solution being offered attacks reform issues on a local level where real change can be effected. This proposal provides solutions for - The lack of organization and coordination in national, state and local health care systems resulting in over -use and, inappropriate utilization of health care provider services by offering a community -owned, cooperatively managed system. cost accountability through a modified third party payer system but with pro -active consumer participation. removing the vulnerability of health service providers to medical malpractice suits by establishing arbitration as the means for dispute resolution. Kenai Peninsula Borough Health Care Advisory Council Final Report • 2 • July, 1993 • small business employers who have previously been unable to supply health care benefits because small group exposure increases the underwriter's risk resulting in higher premiums. • individuals who are self-employed and have limited options for health care coverage by providing access to a large pool. • curbing spiraling government and private enterprise labor costs with reduced premiums by applying a community rating system. • hospital emergency rooms used to deliver clinical health care services at a disproportionate rate for the service needed by charging for inappropriate use. The advisory council set out to define parameters for a community health care plan based on the premise that health care reform sought on a community level, empowers all health care system participants to take responsibility for the survival of the local health care system. Health care consultant Dr. Bruce Amundson guided the Council's formation of study groups for designing of benefits and organizational structuring, delivery of health care services, funding, and implementation/management. The following parameters were established as guides for developing the Kenai Peninsula Borough Health Care Plan: Principles and Assumptions • Participation in this plan by providers and consumers is voluntary. All licensed Kenai Peninsula Borough health care providers have an opportunity to participate in the plan. • All hospitals are participating providers; each with its scope of services and long range plans; hospitals should not be prohibited from expanding services. • Health care services not offered in the borough may be contracted from outside the borough through a provider's network. • Members of the plan have a choice of "gatekeeper" physician (primary care provider) and can change their primary care provider should they choose. • Administrative costs should not exceed 12 percent of plan premiums. • Excess revenues will be applied to the plan to achieve long and short term cost savings. Kenai Peninsula Borough Health Care Advisory Council Final Report • 3 • July, 1993 All qualifying borough residents have equal access to the plan. The plan will address the needs of the "gap group". It is not the council's intent that financing of the plan will occur through increased or new municipal taxes. Community -based Managed Health Care Concept To adequately address Alaska's health care crisis, action must be taken on a local level. The Kenai Peninsula Health Care Plan proposes to delivery health services to Kenai Peninsula Borough residents through a Health Maintenance Organization (HMO) as authorized under Alaska Statutes Title 21. Once health powers are authorized by the Kenai Peninsula Borough voters, a consumer governing board (initially appointed by the Borough Mayor and thereafter elected by members) should initiate the implementation phase through a contracted insurance partner. Effective health care reform occurs through this concept because costs are controlled at a community level. Community residents and health professional have the ability to identify specific barriers to local health delivery system cost containment. The HMO structure brings together three essential elements to successful local management of the health care system: Consumers Providers Regulators Unlike older, more traditional HMOs, this structure is designed on -a fee -for -service basis, using reasonable and customary charges as the basis for allowable costs. In this concept, health care providers and consumers take responsibility for governance of a regional health care system through a governing board. In addition to a governing board, standing committees for utilization review, ethical practices and other key elements work in the sensitive information areas already recognized as the appropriate place for identification, education or redirection of program abuses. Like hospital governing boards, the regional health care organization establishes a system benefited by self -governance yet retains the professional standards important to delivery of responsible quality health care and patient privacy. Managed care systems provide more efficient health care through cooperation between health care providers called "gatekeepers" and a case manager2 employed by the health care plan. Under this system, the gatekeeper and case manager will coordinate care, limiting self -referral by patients. The whole system is managed by consumers elected to a governing board and a small administrative staff. Initially, the plan would have an insurance company partner. 2 Case management could be contracted with multiple site locations. Kenai Peninsula Borough Health Care Advisory Council Final Report -4- July, 1993 Gatekeepers are patient designated primary care family physicians, physician's assistants, general internists, pediatricians and nurse practitioners (and obstetricians and nurse midwives when the enrollee is pregnant) who are designated to provide primary care for a patient. Chiropraolors are limited gatekeepers. Specialty care will be provided through a network of providers invited to participate in the plan with Kenai Peninsula health care providers. Contract provisions for the network will specify requirements and qualifications for gatekeeper participation. Prevention, Early Intervention & Wellness Including prevention, early intervention and wellness as an essential component to this plan sets it apart from conventional health insurance plans. A program of generally accepted routine preventive and diagnostic procedures and services, like those outlined by Kaiser Permanente in the appendix section of this report, should be provided at no extra cost to the enrollee. Through routine testing and diagnostic procedures, health care providers can detect illness and disease common to specific age groups. Early detection and intervention not only saves lives but saves health care costs. Developing worthwhile incentives for achieving significantly healthier lifestyle habits should be of primary importance in the final benefits design of this plan. Encouraging and rewarding healthy lifestyles, such as individuals who exercise regularly, stop smoking and lose weight, will benefit the entire community. Healthy communities educate members about healthy life practices. Organization, Implementation and Management As stated in the earlier discussion the community health care plan is a HMO that uses reasonable and customary charges for payment of services. The HMO should initially create a contract partnership with an insurance company. Affiliating through a plan administration contract with an insurance partner provides stability and credibility until the plan achieves experience both in administration and ratings. Stop -loss insurance purchased through the insurance partner will reduce the plan's direct liability for claims payment. The borough's HMO would be empowered to offer emergency care, in -patient and out -patient medical care and other health services; provide injury loss prevention and safety programs for employers; Kenai Peninsula Borough Health Care Advisory Council Final Report • 5 • July, 1993 • furnish health care services through providers that are under contract with or employed by the HMO; • contract for services such as marketing, enrollment and administration; • contract for provision of insurance, indemnity or reimbursement against the cost of health care services; • contract for the administration of health care services provided by state and federal government agencies; • organize and contract as a non-profit foundation for research and organization development in areas such as new technology, clinical approach innovation, quality assurance, physician recruitment and residency programs. The Kenai Peninsula Borough HMO would be governed by an elected board of between five and nine plan enrollees. It is recommended that the board govern by the following guidelines: • elect board members from borough districts for no more than two consecutive four year terms. • provide for termination of a fellow board member for good cause by a majority of the board. • vacate a board member seat when three or more consecutive meetings are missed. • compensate board members no more than $50 per month for expenses. • prohibit board members from receiving benefits packages. • insure the board against liability to assure quality participation by board members. • hold all board meetings within the boundaries of the Kenai Peninsula Borough. • arbitrate grievances. Kenai Peninsula Borough Health Care Advisory Council Final Report • 6 • July, 1993 provide that establishing policy and giving oversight are the primary dui of the board. • establish various provider, consumer, quality control and utilization committees. Plan Benefits and Costs To test the feasibility of a community -based health care system, the Council first developed a comprehensive benefits plan scenario typical of that offered by most large group employers. The traditional look -a -like plan included the wellness/prevention component and much more. Comprehensive Plan Benefits Scenario -hospital in -patient and out -patient care, -included a comprehensive, non -hospital care package with chemical abuse, mental health, chiropractic and maternity coverage and more, -payable at usual, prevailing and customary charges, -$500 deductible on medical except prevention per individual, or $1,500 for a family, -local network providers, reimburse @80% and non -network providers reimbursed @70%, -dental coverage included a $50 deductible preventive and diagnostic services reimbursed @ 100% ordinary procedures @80% and major dental services @50%, -vision benefit without a deductible and @80% except for frames and contacts which are limited to $45 and $150 (respectively) annually, -treatment of chemical abuse, mental disorders, nervousness and psychiatric conditions. Kenai Peninsula Borough Health, Care Advisory Council Final Report -7- July, 1993 The scenario called for a community rating system with an annual open enrollment period providing access to the system for all eligible borough results. An actuarial analysis was conducted resulting in estimated rates comparable to those offered by large group employers in the Kenai Peninsula Borough. The actuarial firm used Anchorage pricing which does not account for the nearly 20% cost savings achieved on the Kenai Peninsula3 . The analysis, conducted by Coopers and Lybrand a national firm of actuarial consultants, estimates cost of this scenario based on the experience of other plans. A major difficulty in pricing community -based health care systems is that there is no long term data against which to measure experience or establish rating credits. This estimate was based on 12 percent administrative costs and included a 5 percent actuarial margin. Cost for the comprehensive coverage ranged from $178 for an individual to $453 for a family or a composite estimate of $410 per month. A series of "Healthy Communities Forums" were conducted to receive feedback on the concept of a community -based managed care system. Overwhelming support was voiced for the community -based health care concept, but the public clearly wants a lower cost alternative for basic coverage. Our study reveals that Blue Cross of Washington and Alaska offers a BasicOne and a Traditional benefits program as side -by -side alternatives. The Council concludes that the offering of catastrophic coverage is fundamental to serving the needs of the community. A closer look at the Blue Cross Traditional plan discloses that many of the elements of the Kenai comprehensive plan are not covered. For example, prescriptions, medical equipment, diagnostic X-Ray and Lab, physical exams, maternity benefits, psychiatric care or chemical dependency treatment, chiropractic care, vision or dental are not included, yet the premium is only $82 less per month than the Kenai plan. Look in the appendix for more details on the Blue Cross Traditional plan. Based on this and other market surveys, the Council believes the health care plan will be less expensive than traditional plans now available. Managing patient care, using lower cost local services and eliminating the profit earned by commercial insurers reduces costs by over 20%. ' Mike Lockwood, Hospital Administrator, Central Peninsula General Hospital Kenai Peninsula Borough Health Care Advisory Council Final Report • 8 • July, 1993 Eligibility Individuals, private enterprise (small businesses and large group employers), non- profit employers and government agencies can enroll in the plan provided residency qualifications are met. Kenai Peninsula Borough residents who qualify for the Alaska Permanent Fund Dividend Program are eligible. Proof of residency may be requested. Residency requirements are waived when an applicant submits evidence that he or she has regular employment with a Kenai Peninsula Borough employer. Funding The operation of this health care plan is expected to be paid for by the premiums of enrollees. For example, in the scenario of comprehensive benefits, a premium of $410 per month for 2,000 enrollees will generate $9,840,000 annually. In a basic plan scenario with a premium of'$125 per month for 1,000 enrollees $1,500,00 is generated annually. Combined, a total of $11,340,000 is possible with only 3,000 plan participants. A State legislative grant for $150,000 will be used for operating expenses during FY 93-94 as well as providing significant local contribution matching when applying to foundations, federal and state agencies. The total budget estimate for implementation is $311,059. An application for designation as a national demonstration project is pending with The Robert Wood Johnson Foundation. For details of the FY 93-94 budget please refer to the appendix. The Uninsured A representative sampling survey conducted by the Council showed 18 percent of borough residents have no health insurance because they have no access to a plan, the plans offered are not affordable or they simply choose to risk not having insurance. These individuals do not qualify for state and federal government public assisted health care programs and are commonly identified as the "gap group." The plan addresses this need by making health insurance accessible to everyone with an annual open enrollment period. The inclusion of a catastrophic coverage benefit will now make the plan affordable to most everyone. Kenai Peninsula Borough Health Care Advisory Council Final Report • 9 • July, 1993 Federal government mandates from President Bill Clinton's administration are expected to develop a method through which subsidies will occur to provide health care access for everyone. This community -based health care plan is expected to provide the structure through which the federal mandates will be delivered in rural areas like this borough. Conclusion If the Kenai Peninsula Borough Assembly accepts the recommendations of the council, a question will appear on the October, 1993 borough election ballot. Ultimately, the voters will decide the issue: Proposition No. Shall the Kenai Peninsula Borough have the area -wide municipal power to provide for health care services and programs which specifically includes the authority to establish and operate or arrange for health benefit plans for residents of the borough? yes No The Kenai Peninsula Borough Health Care Advisory Council believes that the communities of the Kenai Peninsula Borough possess 1) the local leadership and governance ability, 2) technical capability, 3) level of involvement and 4) sense of community, necessary to manage health care costs effectively and provide universal access to health care for all Kenai Peninsula Borough residents. Kenai Peninsula Borough Health Care Advisory Counoil Final Report • 10 • July, 1993 Summary of Recommendations The community -based managed care system should be designed around these key recommendations: • Requiring Kenai Peninsula Borough residency and other evidence as the basis for eligibility using qualifications for the Alaska Permanent Fund Dividend Program as guidelines. • Providing a multi -option benefits plan environment ranging from comprehensive coverage with vision and dental to basic coverage for major medical. • Including variable co -pay provisions dependent on whether services are delivered within or outside the health service provider network. • Using accepted health monitoring and medical standards criteria for different age groups for preventive care. • Making prevention and early intervention the abiding principles of this health care plan. • Using "gatekeepers" and case manager(s) for efficiency in delivery of health care services. • Providing open utilization patterns with periodic review by panels of volunteers from like disciplines. • Penalizing inappropriate use of the ER by establishing a higher co -payment requirement for non -emergencies. • Establishing a network of health care providers. • Creating a Health Maintenance Organization (HMO) as currently authorized by Alaska Statutes to implement the Kenai Health Care Plan. • Using "reasonable and customary" charges which prevail on the Kenai Peninsula as the means by which providers will be compensated. • Organizing the HMO as part of the Kenai Peninsula Borough governing the organization like a cooperative. Kenai Peninsula Borough Wealth Care Advisory Council Final Report • 11 July, 1993 • Seeking voter authorization for general health powers at the October, 1993 general election to establish and implement a health care plan. • Continuing evaluation of grant and foundation opportunities for capitalization of the plan. • Operating costs for the plan should be funded through the payment of premiums by enrollees. • Contracting to administer Medicaid, Medicare and other state and federal programs should be considered when the plan has some experience. • Seeking foundation funds for project development and start-up costs. • Encouraging participation by all individuals, public and private employer groups in order to achieve a large pool. • Making the plan's benefits and monthly cost competitive. • Initiating the plan with a contract insurance partner, but work for "in- house" management in the long term. • Creating strategy and marketing tools to recruit user groups and borough residents. • Planning for electronic claims payment. • Asking the insurance partner for individual and aggregate stop -loss. • Limiting liability for pre-existing conditions with waiting period. • Hiring a minimum of two staff for the implementation phase. • Utilizing an alternative dispute resolution procedure (arbitration) as an essential term of any contract with enrollees and providers. • Organizing a 501(c) foundation to work with the governing board and capitalizing the foundation with a percentage of premium income to finance research and organizational development pertaining to new technology, clinical approach innovation, quality assurance, physician recruitment and residency programs. Considering offering workers compensation insurance or at least integrating the preventive care and wellness programs with employer workers compensation exposures. Kenai Peninsula Borough Health Care Advisory Council Final Report -12- July, 1093 Definitions Actuary Consultant - a professional statistician who estimates insurance risks and probabilities. Adverse Selection - the tendency of enrollees to pick the plan or utilize services offering benefits that suit individual needs. This selection pattern may increase the cost of certain benefits. Benefits - proceeds or entitlements to individuals enrolled in a specific program. Coinsurance - a policy provision, frequently found in major medical insurance, where both the covered person and the plan share in a specified ratio (e.g., 80 percent/20 percent) the cost of the hospital and medical expenses resulting from an illness or injury. Capitalization - the permanent liabilities of the plan. Co -payment - coinsurance Community -based Health Care - health care organized into a community system, managed by community/consumer members. Community Rating System - A method of establishing the level of premium rates based on the potential health risks or claims experience of the entire population in an area. Cost Containment - efforts aimed at holding down health care costs or reducing its rate of increase. Cost Sharing - arrangements where consumers (employees or their dependents) pay a portion of the cost of health services, sharing costs with employers. Deductibles, coinsurance and payroll deduction are forms of cost -sharing. Deductible - that portion of covered hospital and medical charges which an insured person must pay before the policy's benefits begin. Dual Choice Option - the provision in the federal HMO Act that requires certain employers to give their employees the option to enroll in a local HMO rather than in a conventional empioyer-sponsored health program. Dependent - usually the spouse and/or children of a covered individual Experience Rating - a method of adjusting the insurance premium for a risk based on actual past loss experience. Fee For Service - method of billing for health services under which a physician or other practitioner charges separately for each patient encounter or service rendered. This system contrasts with salary, per capita, or prepayment systems, where the payment to the physician is not changed with the number of services actually rendered. Foundation Funds - funds awarded by private, philanthropic organizations, as cash grants usually in response to receiving a solicited or unsolicited proposal. Kenai Peninsula Borough Health Care Advisory Council Final Report -Is- July, 1993 Health Maintenance Organization (HMO) - an organization that provides a wide range of comprehensive health care services for a specified group at a fixed period payment. Health Care System - all the services, functions and resources in a geographic area, the primary purpose of which is to improve the state of health of the population. In -patient - a person who occupies a hospital bed, crib or bassinet and is under observation, care, diagnosis or treatment for at least 24 hours. Lifestyle Changes - changes in ones living patterns that favor improved health. Lifetime Maximum Benefits - the most any one enrollee can possibly receive in benefits during the period of time an enrollee is a participant in a plan. Outpatient - a person who visits a clinic, emergency room, or health facility and receives health care without being admitted as an overnight patient. Medicaid - a federal assistance program that provides health care to low income women and children. Medicare - administered by Social Security, a federal government plan for paying certain hospital and medical expenses for those who qualify over age 65. Municipal Revenue Bonds - bonds sold by municipalities which are repaid by proceeds generated by the cash received from selling the bonds. Pre-existing Condition - a physical condition of an insured person which existed prior to the date of coverage under a plan. Premium - the amount of money a policyholder agrees to pay an insurance company for an insurance policy in consideration of which the insurance company guarantees the payment of specified benefits. Preventive Care - comprehensive care emphasizing prevention, early detection and early treatment of conditions, generally including routine physical examinations, immunization and well -person care. Primary Care - routine medical care normally provided in a doctor's office - professional and related services administered by an internist, family practitioner, obstetrician (nurse/midwife), with referral to specialists where necessary. Stop -Loss Insurance - also called "excess loss insurance, " this is a form of insurance that is often purchased by a self -insurer to limit claims losses after claims reach a certain dollar amount for the total group or for each individual. Also call re -insurance. Kenai Peninsula Borough Health Care Advisory Council Final Report - 14 • July, 1993 List of Appendices Kenai Peninsula Borough Resolution 91-135 Kenai Peninsula Borough Resolution 92-117 Summary of Various National Plans and Proposals Summary of Selected Kenai Peninsula Businesses Health Plan Coverages Projected Trends For Alaska and Kenai Peninsula Borough Populations (based on information from Alaska Population Projections 1990-2010 and Alaska Population Overview) Kenai Peninsula Health Services Survey Summary Kenai Peninsula Health Care Plan Draft #ESA. Coopers and Lybrand Actuarial Revised Pricing Estimates, April 1992 Coopers and Lybrand Defines Administrative Expense, April 1992 Controlling Adverse Selection; Health Cost Management. V2, No.1, Jan -Feb., 1985 Health Maintenance Organization (HMO) Matrix Preventive Services for Adults as adopted by Kaiser Permanents Preventive Services for Children as adopted by the Alaska Public Health Service Alaska Permanent Fund Dividend Program Eligibility Requirements ERISA Rights Summary of Comments on the Kenai Peninsula Health Care Concept Blue Cross BssicOne and Traditional Health Care Plans Kenai Peninsula Health Care Plan Project Operational Budget FY93-94 Kenai Peninsula Health Care Plan Project Timeline 1993-94 Kenai Peninsula Borough Health Care Advisory Council Final Report • 15 • July, 1993 Jrl — 1-93 W11-D 9:23 K)3 C_3 ;t FAX .'Q. 90726286' 5 Post -It"" brand fax transmittal memo 7671 M of p► o ► 6- Introduced by: Mayor (0twnueet of HC.AQ Date: 09/17/93 Bearing: 09/07/93 Hearin;: 09/21/93 Vote: Action: KENAI PENINSULA BOROUGH ORDINANCE 93-43 CREATING THE IMAI PENINSULA BOROUGH HEALTH CARE CORPORATION AS A PUBLIC CORPORATION FOR THE. PURPOSE OF ESTABLII�TG A HEALTH MAINTENANCE ORGANIZATION AND OPERATING AND AI)bWMTERING HEALTH CARE PAYMENT SYSTEMS WHEREAS, the Health Can Advisory Council studied the isatm of availability of affordable health insurance for residents of the borough; and WHEREAS, that study concluded and recommended that a combination of a health cart msinum ce organization and coordination of case delivery could result in health canes 'covwge for some segments of the population not currently able to attain coverage; and WHEREAS, the Health Cam Advisory Council has recommended the program to be operated under the auspices of the borough; and WHEREAS, the creation of a public corporation for the purpose of establishing a health maintenance organization and administering payment programs appears to be the most feasible approach for the borough to meet that objective; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE 1CMAI PENINSULA BOROUGH: SECTION 1. That the Kenai Peninsula Borough Code of Ordinances is hereby amended by adding a new chapter to be numbered 10.20. which shall read as follows: 10.20.010. Establishment of health care corporation. Them is hereby established a public corporation to be known as the Kenai Peninsula Borough Health Cara Administration Corporation. The Authority is an instrument of the Borough, but having a legal existence independent of and separate from the Borough. The Corporation shall continue to exist until terminated by ordinance. When the Corporation's existence is terminaptd, all of its rights, assets and properties shall pass to the borough. Y." Posin" BoMgh, A1A*a ordleaooe 9343 pap 1of$ A 4 c E;?- -93 ti H D 9 : 24 KPB CLERK FAX NO, 9072628615 P. 02 10.20.020. Definitions. As used in this chapter, A. "Assembly" means the assembly of the Kenai Peninsula Borough. B. "Board" means the board of directors of the Kenai Peninsula Borough Health Care Corporation- C. "Bonds" means bonds, notes and any other debt obligation of the Authority. D. "Borough" means the Kenai Peninsula Borough. E. "Mayor" means the mayor of the Kenai Peninsula Borough. F. "Corporation" means the Kenai Pe tinsuia Borough Health Care Administration Corporation. G. "Resident employer" means a business or employer having a business location within the borough with employees designated as bung assigned to that location as their place of employment. 10.20.030. Board of directors. A. The Health Care Administration Corporation shall be governed by a board of directors consisting of nine members. Eight members shall be by enrollees in a health maintenance organization to be established by the corporation and am member shall be appointed from the borough executive staff by the mayor and confirmed by the assembly. Until such. time as a health maintenance organiradon has been formed by the corporatkn all directors shall be appointed by the mayor and confirmed by the assembly. Directors SW serve for a term of three years and shall not receive compensation other than re inobutseme nt for expenses incurred for service as director: No one may serve as a director and simultaneously hold office as a member of the assembly or the mayor. B. The board shall elect from its membership a chairman who shall be the chief executive officer of the corporation unless the board has provided od=wise. The board may prescribe other duties for the office of chairman. The board shall elect a vice-chairman, and prescribe his dudes by rule or bylaw. Tote board :lull elect a secretary whose duties will be as prescribed in this ordinance and as additionally prescribed by the board. C. Elections for directors by enrollees in a health maintenance organization as provided in KPB 10.20.030(a) shall be conducted by the secretary of the corporation. The election shall be held annually as established by the board through the adoption of bylaw$. Elections shall be conducted by ballot of enrollees and shall be tabulated and the results confirmed by the board at the annual meeting. 10.20.040. Powers of the corporation. Subject to provisions of this ordinance and state laws the corporation shall have the authority to: A. Establish and operate a health mzintertznc s organ3zatiorr as defined undo AS 21.86 and engage in the activities permitted a health maintemuove organization under those laws except it may not as a health maintenance organization or otherwise 1) wire, cogstruct or operate a hospital or other health care 6xility; 2) make loans to any persons or organizationproviding health care services to the corporation or its subscribers; B. Enter agreements for administration of Medicaid, Medicare, CHAMPUS, BIA, and VA programs; X*GW peninsula 8orousb. Masks Ordloance 9243 Pap 2 of S .. n 6EP- 1-93 WED 9:25 KPB CLERK FAX N0, 9072628615 P,03 C. Enter agreements with the state of Alaska for administration of health care services, provided by the state and coordinatien of the public health nurse psggrua; D. Sae or be shed in its own name; E. Borrow money as provided in this chapter to carry out its corpornte purposes; 10.20.060. hvpum &actited to reddesls. Enrollment and/or participation in authorized health care programs and operations of the corpora0on shad be 110kited to residestts of the Peninsula Borough. For purposes of this linuta ono "reddealt"',,d" mean an iodiftW has resided in the born* for one ,year and has an.intent to remain indefinitely or an individual employed by a resident employer with a business location within the borough that offers participation or esnrolla ttt lit the programs or plans of the corporation as an employment= benefit to its employees. 10.20.070 Meetings of the board. A. The board shall meet annually and at such other times as may be prescribed through bylaws.:The board shall elect a chairman, vice chairman and secretary from among its membership at the annual meeting. B. Meetings of the board shall be open to the public in accordance with the provisions of the Alaska Open Meetings law. C. A majority of the members constitute a quorum for organizing the board, conducting its business, and exercising the powers of the corporation. D. They board shall keep minutes of each meeting and send a copy of all approved minutes to the Mayor. 10.20.080. Administra0an of affairs. The board shall manage the assets and business of the corporation and may adopt, amend and repeal bylaws and regulations governing the manner in which the business of the corporation is conducted and the, ,partner in which its powers an exercised. The board may appoint offers, hire employees xd,engtgc professional and technical advisor as independent oontracem. rqo board shall pmewdbe duties and compensation of corporate personnel. 10.20.090. Financial procedures and purchasing. The board shall establish policies for purchasing of goods and services and is not subject to the provisions of the borough Procurement and Purchasing Code KPB 5.28. 10.20.100. Conflicts of Interest. A. Fxaept as provided in this section, a board member, officer. employee or agent of the corporation may not participate in a decision of the corporation in which that person or a member of that person's immediate family has a direct or indirect financial interest unless the financial interest is a remote financial interest and participation is approved under (B) of this section. B. A board member, officer, employee or agent may participate in a decision if that person or a member of that person's immediate family has only a remote interest, the fact and extent of the interest is disclosed to the board in a public meeting and is noted in the minutes of the board before any participation by the member or in the decision, and thereafter in a public r.omw PeaimuL Dwausb, AhWm Ordlnaooe 93-43 Pays 3 ors 3_�D- -93 'h-D 9;2B K°B CLERK FAX H0, 9072628615 P,04 1. meeting the board by vote authorizes or approves the participa►ticm. If the person whose participation is under maderatign is a board member, that person may am vwe under this subsection. For purposes of this subsection, "re=ate intaeet" men . an interest that in good faith is defined as remote by rules adopted by the corporation. C. A "board member, officer, employee or argent is not considered to be financially interested in a decision when the decision could not affect drat person in it manow different from its effect on the public. D. VAthin 120 days of the first meeting of the board, do board sh&U adopt and may subsequently smod: nides implementing this nction, prwAft awddlitional aoaSict of interest and ethical mice it ors eMpp gvkw L Pat purpq w of this section 1. "Participara in a decision" includes aU discussions, deliberadons, preliminary negotiations, and voter; 2. "Immediate faunily" means (a) spouse; (b) dependent, parent, parent -in-law. child son-in-law, daughter -in. law, sibling, uncle, aunt, niece, or nephew. 10.20.120. Assembly approval required. A. Unless the assembly approves the action by resolution or ordinance if required by law, the corporation may not 1. Exchange, donate, sell or otherwise convey its entire interest in land; 2. Arrange for or issue bonds; 3. Purchase real property with a value in excess of $100,000; 4. Enter lease&, as either lessor or lessee, for real property or interests in real property for a period in excess of five (3) years. B. Initial health maintenance organization plans or agreements, initial agreements with the smote or federal government or their agencies for administration of programs must be QVIAMWold by tip assembly prior to the corporation commencing performance of thou agtownwtts. After approvI of the initial agreements or plans assembly approval is not required for modifications or changes to the programs, agreements and plans of the corporation except as may be specifically required by this chapter. 10.20.130. Use of corporation wets. The corporation shall apply all money, property, other assets, and credit of the corporation toward activities authorized by this chapter. The corporation may not make private distributions of assets, snake loans to directors, or engage in business for private benefit. The use of money, property, another asset, or credit of the corporation for a purpose not authorized by this ordinance by a person having possession or control of it is prohibited. 10.20.140. Indemnification. The corporation may defend and indemnify a current or farmer member of the board, employee, or agent of the corporation against all costs, expenses, judgements and liabilities, including attorney's fees, incurred by or imposed upon that person in connection with a civil or criminal action in which the person is involved by affiliation with. the corporation, if the person acted in Kenai Peninals Borough. Alaska ortaanee 93-43 Page 4 of S 4 =Ax X0. 2'5285'.5 P. 05 good faith on behalf of the corporation and within the scope of official duties and powers. SECTION 2. That notwithstanding the provisions of section 1 of this ordinance for a three-year term for directors, the initial board of directors shall be appointed for their terms staggered as one-, two- and three-year terms so as to have three terms ending each year. SECTION 3. That no taxes may be levied to finance the operation of the Kenai Peninsula Borough Health Cane Corporation established by this ordinance. SECTION 4. First HMO or other administrative agreement must be approved by assembly. SECTION S. That this ordinance shall take effect immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS DAY OF , M. Betty J. Glick, Assembly President ATTEST; Gaye J. Vaughan, Borough Clerk Kong Nainnia 8orougb. AMU Ordiname 9343 Pap s of S r Suggested by: Mayor Williams RESOLUTION NO. 90-58 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, IN SUPPORT OF THE CONSTRUCTION OF AN EDUCATIONAL FACILITY IN THE CITY OF KENAI AND THE RESERVATION OF TEN ACRES OF AIRPORT LANDS FOR THAT PURPOSE. WHEREAS, the City of Kenai is strategically located for an educational facility, and WHEREAS, the City of Kenai owns airport lands suitable for an educational facility, and WHEREAS, this type of facility would not be detrimental to the environment of either the City of Kenai or its airport. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF KENAI, that they support the construction of an educational facility in the City of Kenai and the reservation of ten acres of City airport lands for that purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of October, 1990. ATTEST: ���� Carol Freas, City Clerk /kh 174 4 III M p r 14, TRACT 1 LOT A-2 p msa, i UNIT 3 BARON RARX*'S LOT A- I PARCEL PENDING) MARATHON RD ,UNIT H-2 TRACT 0 UNIT H-3 WON PARK *6 TRACT C 3 7 4,WT 40 l V14 f R•i ; 'h t� Suggested by: Administration City of Kenai REBOLUTION NO. 93-GS A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING A GRANT FROM THE STATE OF ALASKA FOR THE AIRPORT ELECTRIC GATES PROJECT, PHASE I. WHEREAS, the State of Alaska, Department of Transportation and Public Facilities, has awarded the City of Kenai a grant in the amount of $4,304 for a portion of the financing of the Airport Electric Gates project, Phase I, and; WHEREAS, the grant award requires that the City accept the grant by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that this $4,304 grant from the State of Alaska be accepted and that the City Manager is authorized to enter into the grant agreement. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of September, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance (8/17/93) kl Suggested by: Administration City of Kenai RESOLUTION NO. 93-66 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $20,000 IN THE KENAI COURTHOUSE CAPITAL PROJECT FUND FOR ADDITIONAL INSPECTION SERVICES. WHEREAS, the authorized construction period for the new courthouse has been extended; and WHEREAS, this time extension will result in a need for additional inspection services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Kenai Courthouse Cagital Project From: Construction $20,000 �^* To: Inspection $20,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of September, 1993. ATTEST: Carol L. Freas, City Clerk Approved by Finance: C sa (8/25/93) kl /"` JOHN J. WILLIAMS, MAYOR SEP 01 '93 15:44 ANCHORAGE ENTERPRISES INC. r •-����. �►NC�IUR�►6� SIT � uFP 1992 secf,ived i;:,{•a or Kenai Pudic 4fks Dept No. of Pages: -46 Depanmem v Contact: Phoneov: _ From: _ Comments 344-3185, Fax: 522-2422 r- P2r`�.1 nt n 1 X4.11 (,11 (-Port- f,�Lkn ujal �� , crau';ee'd _ PwAd)/\ A- on n ,ice Ur*4rUaf4 Or\ CC-]F>\cs SEP 01,193 5 : 44. ANCHORAGE Anchorage Enterpr1m, nc. Sept 1, 1993 City of Kenai ENTERPRISES INC. Sip 4811 4tecc K O M1 ; ?Ubho works DeOK' P. RE: Contract for Construction of Kenai Airport Runway and Taxi Way, Cracked Ceiling and Painting Dear Jack La3hot; The bid documents for the Kenai Airport Runway job require that payment and performance bonds must be required according to stat, law. State law requires that the contractor furnish a perfor- mance bond With a corporate surety qualified to do business in the state or at least two individual sureties who shall each justify in a sum equal to the amount of the bond. State law alai requires a payment bond with a corporate surety qualified to do business in the state or at two individual sureties who shall each justify in a sum equal to the amount of the payment bond. Originally Jackson Construction was the low bidder when the bids were received on July 29, 1993. However, Jackson Construction could not furnish payment and performance bonds in a timely manner and its bid was rejected as nonresponsible. Anchorage Enterprises was notified that it would be awarded the contract a second low bidder. Anchorage Enterprises has furnished the proper payment and performance bonds by a corporate surety. Now apparently Jackson Construction has offered to furnish a cash bond and wants to reinstate its original. bid. Jackson Construction's bid should not be reinstated and Anchorage Enterprises should be awarded the contract for the following reason: 1. Jackson Construction's bid was rejected after it had a reasonable time and opportunity to furnish the bonds. He failed to do so and as a result, his bid was re- jected and a notice of intent to award was given to Anchorage Enterprises. It would be grossly unfair to come back now and permit Jackson to make after -the - fact corrections to its bid. This would in effect give Jackson "two bites of the apple". In other words, he gets two chances for the job, by deciding whether or not he wants the job after he looks at all the other bids. If for example, he bid too low he would have been able to get out of his bid by not furnishing the bonds. Once he sees that his bid is resonable compared to the other bids, then he has the option of furnishing bonds E. 93 W • Anohonp • Alpha M07 .0 M7ti "418 . . _ ..........•..M.. .. ... _ 7V/•J�s'3169I tii ylJ/•S!1•i� . SumjuiL d niu vanu is grounas Ior rejection or the bid. The fact that Jackson could not furnish the payment and performance bonds in a timely manner caused his bid to rejected. once the City properly rejected Jackson's bid, he should not be allowed to furnish a new bid, i.e with the payment and performance bond after learning that the job would be awarded to the second low bidder. Jackson has no contractual right to come in after -the - fact to furnish payment and performance bonds. 3. It is our understanding that he purposes to furnish a "cash bond". There is no provision.in the procurement code for furnishing a cash bond. The only provision f individual sureties is if there are two sureties, and each furnishes twice the amount of the bond. 4. It is believed that Jackson Construction did not timely appeal or protest the rejection of its bid. State Procurement Code allows only ten days to protest a bid award and Jackson tailed to timely file his protest. 5. It is believed that Jackson has not actually furnished its cash bond but has only said that he would furnish it if he got the job. Such a conditional offer after his bid has been rejected falls far short of the legal requirements for timely furnishing a payment and performance bond. For the above reasons, the City of Kenai properly rejected Jackson Construction's bid and is properly awarding the contract to Anchorage Enterprises. Any further efforts by Jackson Construction to correct his bid after rejection and after notification to the second low bidder that it would get the project should be rejected. Very truly yours, IH--- ORAGE ENTERPRIsss Joe Jaime President SEP 01 '93 15:45 ANCHORAGE ENTERPRISES INC. P. The work shall be completed June 15, 1993. All work requiring runway closure -shall cortrpleted within the Rummy Closure Schedule - 1993. If the work is not completed within the time specked or extended rime limit agreed upon, i 01 my imps liquidated danuees in the ama M of $100.00 a day undl the wads is cxmrpla Sundays, holidays, and consions granted by the city "be excluded in deftmimag days Mob PaymM will be made at dro cooaact price for the completed projea authorized by the c This price shall be fiill oomp> — for famisift a1l matarids, labor, egt*=wt, tools, incidentals necessary to complete the pwjm as authoei>,ed by the City. AS 35.25.010 specifies that except as provided in AS ".33.300, Wave a coat=eacceed $100,000 for the construction,-hemdon, or ,repair of a public bail ft or public work of stile or a pditial subdWision od the soft is awarded to a ,eoetal or Rm:b lty contractor, eonaactor shall furnish perRonnance and payment bands. Hid bonds are not required. The successful bidder will be required to complete and submit cetifled payrolls for work to the State of Alaska, Department of Labor, Wage dad Hour Division. This project is st to -AS 36 prevsift wage requirements. The Contractor shall obtain and maintain dining the life of this eonbact, wodcme compmsdm a=de of instnanea for all employees who will wodc on this pt qam, and if s woric is sublet, the Cants = sMU require the :ubeooaactar, AmmWdy to per ade such insurer for all of the latter's avloyeas unlea: they are iwAuded under the protection afforded by Contraacmr. If employees engaged in hazaesdous work are not protected it the AS 23.30, wodomn's compensation h mianee, the Contractor and any snbcontrac+tor who is affected m provide compensation insurance with a private company which in amount shall be equivalent that provided by the Alaska Wodmun's Compmsadom Insurance for rho protection of employ who arc not so a ngoged. Page 1 - Instructions to Bidders SEP 01 '93 15:46 ANCHORAGE ENTERPRISES INC. P. Any Bidder having owned or owning real or persoeal property in the Kauai Paminsnia' Bom or having povioudy done business m rile Nmasi Poimk Borough shall subM with the b Tax CAWpkmm C AW d by; the Pam'ZMA.ImAunk Borough Aidwrity. Bid shonkl cam= the Kenai Painstlla Borough to aseartaia the peooedlwe for oboining carte. Biddws not & Ta: Cotsrpihwm Gesdi=ft sW so ,:tree on the compidance farm. Tba City of t-M resi M y far the l" 11, as abft to of this cwdftm in a dalety mariner. Any bWa av mend without a required ownficate or stagy indicadng no m,, d6, ta is required by be agjeoled by the City of Kati. City reswvas the right to rged any and au Rids, to waive any and all informalities and negodw coinoad tMaiwith the Successful Bidder, and tha right to di�d all nanoonJb4mit noor,epansiw ' or=Mftiasml bids. IDiscnpaa a batween woeids and SgtM will be reeah in favor Of woM. The award will be made by the City on the basis of that Proposal frees the lowest rape Biddaz which, in the City's sole and absolute judgment, will best serve the interest of the If, at the rim this Canuact is to be awarded, the Moral of the lowest amble Pnopwal ow the funds than estim osd by the Owner as available, the Owner may reject all bids or talm other ac�ot'l at b�se� the Owner's inoatbsts. It is the Bidder's �nespvombility to be familiar with all the Federal, State, Borough, and -City is and ate► inking replaam. whwb in any manner affect the work, and they will deemed io be hok" in the Camt = Dwmient the now as though herein written out in A The Casa *0 oat be mind in the pert ammice of the work or any pert *wed bare Of the C,orxtaem misuadmafatld.. or lack of famniarity with such laws. Contractors and bco-tractors, in order to perform public work in the State of Alaska, required to held State of Alarm Coot:icborIs Limn of the clam required to m specific worm. ; Commem and subconaacsors are also required to bad current Alaska Buse Licenses in order to perform public work m the State of Alaska. A copy of the A►b Contractor's Liam nand a copy of the Alaska Business L.ices are to be included in the proposal that ash Bidder is to submit to the City pdw to the bid opening. Page 2 - buMuctions to Bidders SEP 01 193 15:46 ANCHORAGE ENTERPRISES INC. P. +.„I0M 11.16119 TLa c onuntor is required to supply with the bid: 1. Fr+opoatd 2. A odpp otE MMM StM of Alahioa iieae=l COOIsLkson or 40ialty Hamm 3. A cW of CcetIciar': ccarretrt Stare of Alasla Bins I.iiaense. 4. Tax Cosviseno Catiftm armai. Aoto 1W. 1. Formal bads will be rejected if not received at the issuing offwe prior to the time set bid openings. Telegraphic bads of bid chaos are not acceptable. 2. Wbere do won of an itd® indudss both specifications and a bread name number, dW speciiWoa shall @own in can of couffid Brand same and number for referea+c 1 as to the type and quality nxpd ed and do not pt+edude arcs ol a compamble or beaec pwduct, prcwided bull specifications and descriptive brodym es accompwy offer. 3. In case of de&Wt by the contractor, the City of Kenai may psoc we the articles or from other sotmes end hold the coeftaaw revocable for all costs ocoasioned 4. In case of damage to City property in full Wn this connect, the contractor mmburse the City to the extent of such damage. S. The coatraaoor shall hold and save the City, its officers, agents, and employees, harm] lion lidility of any Daum or land, mebu ft coact: sad etcpettses, for or on &emu say or Ali snits or dews of say characser whatsoever resulting from i by my Pmxn or persons or property by virtue of pecfocmovice of I cocueM =kw such silts or damages erase irons ads or negligeaoe on too l of the City or it's employees in the pacforarance of their assigned dunce. The City sl not be liable for any costs incurred by the biddex in bid preparation. 6. No offim or employee of the City of Kenai sW be admitted to any shine at part of coati m or of say benefit that may arise d=*wn -utdess it may be made wit =paattioa for its mead bwfitt. Fade 3 - Inagua ions to Bidders a SEP 01 '93 15:47 ANCHORAGE ENTERPRISES INC. P. Transportation Advisory Circular AL15WS340-M and at the locations shown on the plans, as dirxeed by the Eingineer. Maiendx The paint shall conform to the requirements of Fed. Spec. TT-P-85, or to the cant requirements of the State of AhW aDepsrmhant of TtansWmtion and Public Facilities, for Alaska l+iaiataiance Tndit Paint. Paint :hall be fiunisbed wlt xm reflective, media. The paint colors shall ba - Runway end bars, contedine stripes, numerals, and letters -- - Taxiway centerlines, holding lives, tiedown markings, apt= stripes -- yEULM WBATM LDQPATiogl3: The painting shall be performed only whew the existing surf is dry ad clan, when the tecaparaahto is abon 40 dep+sas F., and when weather is not accessively windy, dusty, or foggy. The suilabdity of the weathw will determined by the Engineer. 10.Qp$'1Q' ' All eqh for the work shall be approved by the Boni sad sl ,igpg the . to propody clean the wog sttrfaoa, •a madmdad-maricing mWW and such awd1 ary bud usiotin equipment as may be necessary to gorily complete job. The ruwAsnieal matiorr shall be an approved atomising spray type maricin8 machine suitable application of traffic polar. It shall produce an even and uniform film thidmess at the regal coverage and shell be designed so as to apply tmorMm of uniform cross sections and clear• edges without ruaaia: or spattering ad within the Benin for strai htnea set forth herdn. Suitable o4ustments shall be provided an the spmyer(s) of a single machine or by furnish additional equkwmt for painting the width required. I I MARATM OF ffiMT M SURFACE bmtoodiately be fam application of the paint, t antmg ufffue shag be dry and eatudy free from dirt, green, oil, acids, laitance, or od foreign mortar which would reduce the bond between the coat of paint and the pavement. T area to be painted shall be thoroughly cleaned by sweeping and blowing or by other methods required to remove all dirt, laitance, and loose materials. LAYOUT OF Suitable layouts and lines of p mpooed stripes shall be spotted advance of the paint appiicavoch. Control points shall be spaced at such intervals as will ins[ acc um a location of all marldngs. The contraceoar shall provide an experienced tadwkian supervise the locations, alignment, layout, dimensions, and saMiadon of the paint. Page 2 - COeral Work Baquirranents do Tahnical Specifihratim Suggested by: Adminisirauou CITY OF KENAI RESOLUTION NO. 93-67 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RESCINDING THE AWARD OF A CONTRACT FOR THE CONSTRUCTION OF THE KENAI AIRPORT RUNWAY AND TAXIWAY CRACK SEALING AND PAINTING, 1993, DUE TO THE LOW BIDDER'S INABILITY TO GET BONDING AS REQUIRED BY AS 35. 25.010. WHEREAS, bids were received on July 29, 1993 for the above -referenced project; and WHEREAS, on August 4, 1993, the Council of the City of Kenai awarded the bid to the low bidder, Jackson Construction; and WHEREAS, Jackson Construction is unable to get the project bonding as required by Alaska law under AS 35.25.010; ,--� NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT the award of the contract for the above -referenced project to Jackson Construction is rescinded because of inability to get the necessary bonding as required by Alaska under AS 35.25.010. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of September, 1993. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk `�' (8/25/93) The work shall be completed September 15, 1993. All work requiring runway closure shall be completed within the Runway Closure Schedule - 1993. If the work is not completed within the time specified or extended time limit agreed upon, the City may impose liquidated damages in the amount of $100.00 a day until the work is completed. Sundays, holidays, and extensions granted by the City shall be excluded in determining days in default. Payment will be made at the contract price for the completed project authorized by the City. This price shall be full compensation for furnishing all materials, labor, equipment, tools, and incidentals necessary to complete the project as authorized by the City. KO) ,!*\ ! A • i I —INN AS 35.25.010 specifies that except as provided in AS 44.33.300, before a contract exceeding $100,000 for the construction, alteration, or repair of a public building or public work of the state or a political subdivision of the state is awarded to a general or specialty contractor, the contractor shall furnish performance and payment bonds. Bid bonds are not required. O .. .o10131113 9 114104 041) The successful bidder will be required to complete and submit certified payrolls for work done to the State of Alaska, Department of Labor, Wage and Hour Division. This project is subject to AS 36 prevailing wage requirements. (a) General: The Contractor shall not commence work until he has obtained all insurance required under this section or until he has satisfied the City in this respect; nor shall he allow any subcontractor to commence work until he also has obtained similar insurance which is applicable to his work. The Contractor shall maintain insurance throughout the life of this Contract as will hold the City harmless and shall indemnify the City for any losses arising out of the Contractor's operations, or his subcontractor's operations, including any contingent liability arising therefrom. Page 1 - Instructions to Bidders JACKS+ON CONSTRUCTION �^^ 241 ASPEN STREET SOLDOTNA, AK 99669 907-2624M FAX N (907) 262.38601993 AUs h c Ived �tr61i� K,or�nai CITY of KENAI �vt 8 / 24 / 1993 PUBLIC WORKS DEPARTHENT JACK LA SHOT Reference to Airport Crack Sealing and Painting Contract Dear Jack 1 I bid this job with the impression that if basic bid did not exceed $ 100.000 no bond would be required. Your call 8/18/93. indicating contract was waiting for my signature and presentation of labor and performance bond was a surprise. I made efforts thru my insurance carrier.( Walters and Olson) but was informed I will not be able to secure a Bond for this job until I produce for them an audited financial statement. my C.P.A. says this is not possible inside of 60 days. This is obviously out of the question considering the onset of Winter . As a result I as appealing thru this letter for your consideration of waiving the bond requirement on this job in view of the following: The basic bid is well under the $100,000 . I have arranged all materials and equipment for this job. I have been in the contracting business at same location for over Thirty Years. I have never failed to complete a job. I am only temporarily unable to secure bonding due to some serious financial difficulties that are now past,and that are entirely unrelated to business operations. Your consideration and immediate Reply will allow me to get things in order for start up and completion of this before the weather get to severe. Respectfully I Am arold /Jacson 1791-1l91 CITY OF KENAI ,.ad eapw� 4 4 210 RDALQ0 KENAI, ALASKA Nil, TELEPHKM 293 - 75W FAX 907.283.3014 August 25, 1993 Harold Jackson Jackson Construction 241 Aspen Soldotna, AK 99669 Subject: Kenai Municipal Airport Runway and Taxiway Crack Soft and Pam, 1993 Dear Mr. Jackson: VIA FAX: 262-38M This is in response to your letter dated August 24, 1993 requesting that the City waive the bonding requirements for the referenced project. The Instructions to Bidders (attached) are very explicit that a contract exceeding $100,000.00 must be bonded. The City Administration is in agreement that to waive this requirement would be contrary to State law and an unfair advantage the other bidders do not have. We plan to present a resolution to award the project to the next lowest bidder at the September 1st City Council meeting. We appreciate your efforts in submitting your bid. If there are any questions, please contact me. Sincerely, J k La Shot, P.E. City Engineer JL/kw 7 C' � Suggested by: Administration City of Kenai RESOLUTION NO. 93-68 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $9,850 IN THE AIRPORT LAND SYSTEM FUND FOR CRACK SEALING AND PAINTING OF RUNWAYS, TAXIWAYS, AND THE RAMP. WHEREAS, on August 4, 1993, the City Council adopted Resolution No. 93-64 which awarded a contract for crack sealing and painting at the Airport; and WHEREAS, the low bidder cannot perform, and the City desires to award the contract to the next lowest bidder at a cost of $9,850 more. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Airport Land System From: Airport M & O - Contingency $9,850 To: Airport M & O - Repair & Maintenance $9,850 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of September, 1993. ATTEST: Carol L. Freas, City Clerk Approved by Finance: C -Fa (8/25/93) kl le-1 JOHN J. WILLIAMS, MAYOR Suggested by: Administrate,,.. CITY OF KENAI RESOLUTION NO. 93-69 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING THE FOLLOWING EQUIPMENT, SUPPLIES, AND MATERIALS SURPLUS OR OBSOLETE. WHEREAS, the pieces of equipment, supplies, and materials listed on Attachment A are no longer needed by the City of Kenai, and WHEREAS, a public outcry auction is a reasonable and acceptable means of disposal, and WHEREAS, Blakeley's Auction Company has been designated to handle the auction under the terms negotiated by the Administration, and WHEREAS, the terms of the purchase through this auction are: 1. Bidder must pay 100 % immediately for anything under $100. 2. A minimum of 10% deposit must be paid immediately on items over $100. 3. Before Title transfer or removal, the item must be 100% paid for. 4. Items must be removed, at purchaser's expense, from the City yard by 4:30 p.m. on the Friday following the auction. The deposit will be forfeited and the item's ownership will remain with the City if it is not removed by this time. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the items listed on Attachment A be declared surplus or obsolete and available to sell at an outcry public auction. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 1 st day of September, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Written by Public Works: /kw �.,,, 8/25/93 r."isiLexcill.1CAVV' flil "W111.1 : " . I'l v:l:►;' :t f' :ti .Kfll 114 i i' 1 -.1 ollu ADMIN. 2 IBM QUIETWRITE PRINTERS (DOT MATRIX) 1 COMFAQ KEYBOARD (12 FUNCTION KEYS) 1 VICTOR ELECTRIC ADDING MACHINE/CALCULATOR 1 TELEPHONE KEY SYSTEM (APPROXIMATELY 20 SETS) SHOP 1 1980 FORD LTD 4DR. SEDAN (OLD C.M. CAR) 1 1977 DODGE AMBULANCE (OUT OF SERVICE 2 YRS.) 1 1977 CHEVY 3/4 TON 2 W.D. PICKUP (LITTLE USE) SHOP STANDBY 1 1980 CHEVY 1/2 TON 1 W.D. PICKUP (SUMMER USE ONLY) 1 1977 FORD F-150 4 X 4 (OLD AIRPORT TRUCK) 1 1978 CHAMPION 740 MOTOR GRADER W/WING & RIPPER 1 1981 CONVERTO RAM EJECT TRAILER 1 L981 CONVERTO RAM EJECT TRAILER MISCELLANEOUS TIRES, MOSTLY USED GAS ISLAND ROOF FROM FIRE DEFT. FUELING STATION OLD GAS PUMPS FROM FIRE DEPT. FUELING STATION T MISCELLANEOUS TANKS FIRE 1 IBM SELECTRIC II TYPEWRITER W/TYPEFACE BALLS POLICE 1 MINOLTA 35mm CAMERA - MISCELLANEOUS FOREIGN COINS 6 BICYCLE 1IBM SELECTRIC TYPEWRITER ' 1 TELEX 281B PRINTER - 1 HIGH -INTENSITY DESK LAMP 2 DESK PHONE MISCELLANEOUS TIE TELEPHONE SYSTEM PARTS • 1 INTERCOM MONITOR 3 ULTRASONIC HUMIDIFIERS 1 LOUDSPEAKER - MISCELLANEOUS DESKTOP ITEMS (SORTERS, TAPE DISPENSERS, ETC.) - 1 ELECTRIC COPYHOLDER - 0 DESKTOP ELECTRIC CALCULATORS 1 TRACTOR FEED FOR NEC PINWRITER P3 PRINTER - ,gvvI .2ojpowr$**" W/ 600ex r+bbt-�l �fuvr�tho c% rc ,co P Page 1 - Attachment A BLDG. 1 LAVATORY SINK & FAUCET MAINT. 30' HYDRONIC HEATING E -FONT 1 METAL DOOR FRAME 4 5 GAL. CANS OF PAINT 5 LIGHT FIXTURES 20' 12" GALVANIZED WARM AIR PIPE 4 HUMIDIFIER FILTERS 2 EXHAUST FANS 1 MEYERS JET PUMP 1 GRUNDFOS HYDRONIC HEATING PUMP 1 GARAGE DOOR 1 ELECTRIC MOTOR 6 2 x 4 METAL STUDS 1 BOX ASSORTED PLUMBING FITTINGS 1 FAN 1 RECORD PLAYER SHOP MISCELLANEOUS ADDITIONAL GRADER PARTS POLICE 1 IBM SELECTRIC TYPEWRITER RIBBONS FOR IBM TYPEWRITERS & TELEX PRINTER ADDS 2020 MONITOR WITH KEYBOARD *3 DESKTOP ELECTRIC CALCULATORS *(was 4, change to 3) Suggested by: Administration C1TY OF KENAI RESOIAMON NO. 93-70 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE THOMPSON PARK SEWER IN'I�RCSPT()R TO ZUBECK, INC. FOR THE TOTAL CONSTRUCTION AMOUNT OF $1,035,607.65 WHICH INCLUDES THE BASIC BID AND ADDITIVE ALTERNATE A. WHEREAS, the following bids were received on August 25, 1993, for the above referenced project: CONTRACTOR Zubeck, Inc. BASIC BID $ 933,316.05 ADD. ALT. A $ 102,291.60 TOTAL BID $1,035,607.65 Doyle Construction 1,119,207.49 89,490.15 1,208,697.64 Tam Construction 1,240,192.90 79,115.20 1,319,308.10 Foster Construction 1,346,390.79 106,672.80 1,453,063.59 Engineer's Estimate 1,200,970.00 96,451.60 1,297,421.60 WHEREAS, the following is a description of the basic bid and additive alternate A: Basic: Gravity and pressure sewer interceptor line with manholes from Glacier St. and Lawton Drive to Iowa and Togiak in Thompson Park Subdivision. Additive Alternate A: A second 6" High Density Polyethylene pipe located parallel to the 6" one in the basic bid through the wetland area for future system expansion. WHEREAS, the City of Kenai has received an ADEC grant and a State Dept. of Administration grant to help fund this project, and WHEREAS, the recommendation from Wince, Corthell, Bryson, the project design consultant, and the Public Works Department is to award the contract to Zubeck, Inc. for the Basic Bid and Additive Alternate A for the total construction cost of $1,035,607.65, and WHEREAS, the Council of the City of Kenai has determined that Zubeck, Inc.'s bid for the Basic Bid and Additive Alternate A is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of Thompson Park Sewer Interceptor be awarded to Zubeck, Inc. for the total construction amount of $1,035,607.65 which includes the total Basic Bid and Additive Alternate A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 1 st day of September, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Written by Public Work, \kw 8/25/93 7 1 TO: Thomas J. Manninen, City Manager FROM: Keith Kornelis, Public Works Director DATE: August 27, 1993 SUBJECT: Budget - East Kenai Sewer Intmceptor (EKSI) ('Ibompson Park Sewer h orcepkw) FOR: Council meeting of September 1, 1993 State DEC Grant #47543 ............................. $ 850,000 State Admin. Grant #4/93-014 .......................... 675,000 Local W & S Fund ................................. 275.000 TOTAL ........................................ $1,800,000 Administration ..................................... $ 4,600 Design - Interceptor ................................ 15,850 Design - W & S in T. Park ............................ 6,340 Inspection ...................................... 131,900 Construction ..................................... 1,641, 310 TOTAL ........................................ $1,800,000 Resolution No. 93-70 before City Council on September 1, 1993 awards the construction of this project to Zubeck, Inc. for a total of $1,035,607.65. KK/kw WINCE-CORTHELL-BRYSON CONSULTING ENGINEERS P.O. BOX 1041 T KENAI , AI.ASKA 99611 AUP lqq ( 907 ) 283-4672 � Pub'_ August 25, 1993 Job Number 92-156 City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Attention: Jack LaShot, City Engineer Subject: Recommendation of Award Thompson Park Sewer Interceptor Mr. LaShot: Attached for your use is the Bid Proposal spreadsheet with the four responsive bidders listed from low to high. Also listed is the Engineer's estimate. All extensions were checked and no errors were found. Analysis of the bids indicate that on the underground utility items the first two bidders are very close, within $8000.00. The same is true with the lift stations where only $3000.00 separates the two lowest bidders. The largest spread is in the total of all earthwork items where over $150,000.00 separates the two lowest bidders and represents the majority of the bid difference. All other items tend to be more or less balanced one way or the other. Without knowing the arrangements made by the bidders for procure- ment and mobilizing materials to and from the site, and the fact that for the most part Mr. Zubeck has traditionally subcontracted out earthwork items, we can only assume that his bid, although low in earthwork items, is responsible and should be considered responsive. We therefore recommend award of both the Basic Bid and Alternate A for this project in the amount of $1,035,607.65 to Zubeck, Inc. If you have any further questions regarding this project, please contact me at our office. Sincerely, Casey Madden, P.E. Wince-Corthell-Bryson 1 Suggested by: Admbusuaum CITY OF KENAI RESOLUTION NO. 93-71 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE KENAI AIRPORT RUNWAY AND TAXIWAY CRACK SEALING AND PAINTING, 1993, TO ANCHORAGE ENTERPRISES FOR THE TOTAL CONSTRUCTION AMOUNT OF $114, 850.00 WHICH INCLUDES THE BASIC BID AND ADDITIVE ALTERNATE A. WHEREAS, the following bids were received on July 29, 1993 for the above referenced project: CONTRACTOR Jackson Construction BASIC BID $ 80,000.00 ADD. ALT. A $ 25,000.00 TOTAL BID $105,000.00 Anchorage Enterprises 98,100.00 16,750.00 114,850.00 Asphalt Marking Services 127,100.00 37,250.00 164,350.00 Walsky Construction 146,706.00 27,790.00 174,496.00 RAM (Rasmussen Asphalt Marking) 147,249.25 47,605.00 194,854.25 Wilderness Paving 99, 825.00 0 Non -Responsive WHEREAS, the following is a description of the basic bid and the additive alternate A: Basic: Seal and Paint Runway and Taxiway. Alternate A: Seal and Paint Apron. WHEREAS, the project was previously awarded to Jackson Construction, however, Jackson Construction is not able to provide the required performance and payment bonds, and WHEREAS, the recommendation from the Public Works Department and the Airport Manager is to award the contract to Anchorage Enterprises for the basic bid and additive alternate A for the total construction cost of $114, 850.00, and WHEREAS, the Council of the City of Kenai has determined that Anchorage Enterprises bid for the basic bid and additive alternate A is the lowest responsible bid and award to this bidder is in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of the Kenai Municipal Airport Runway and Taxiway Crack Sealing and Painting, 1993, be awarded to Anchorage Enterprises for the total construction amount of $114, 850.00 which includes the basic bid and additive alternate A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 1st day of September, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Written by Public Works: c-� SUGGESTED BY: Mayor and Counci� City of Kenai RESOLUTION NO. 93-72 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONGRATULATING THE PENINSULA OILER BASEBALL CLUB FOR THEIR TWENTY-YEAR ANNIVERSARY AND THEIR SUCCESS IN WINNING THE 1993 NATIONAL BASEBALL CONGRESS WORLD SERIES.. WHEREAS, the Peninsula Oilers Baseball Club, formed in 1974, is celebrating its twentieth anniversary; and, WHEREAS, the Peninsula Oilers Baseball Club, through those years, has had many successful seasons and has given additional experience needed in ballplayers' career foundations, many of whom have gone on to successful careers in professional baseball; and, WHEREAS, it was in 1977 (sixteen years ago) when the Peninsula Oilers Baseball Club, won their first National Baseball Congress World Series. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, congratulates the Peninsula Oilers Baseball Club 17 for their twenty years of bringing hours of enjoyable baseball to our community and, BE IT FURTHER RESOLVED, the City of Kenai congratulates Darrell Monroe and Jeff Poor for making the 1993 National Baseball Congress World Series All -tourney Team; Doug Webb for being named the Outstanding Pro Prospect; Jeff Poor for being named the tournaments' Most Valuable Player; and Peninsula Oilers Manager Sunny Golloway for being named Coach of the Year; and, BE IT FURTHER RESOLVED, the City of Kenai congratulates the Peninsula Oilers Baseball Club for their success in winning the 1993 National Baseball Congress World Series and many thanks to Operations Manager Coral Seymour, Club President Don Pearson, and the Board of Directors for years of dedication, and Executive Director Steve Horn for his hairless commitment to the Kenai Peninsula oilersi PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of September, 1993. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk SUGGESTED BY: Mayor Williams City of Kenai RESOLUTION NO. 93-73 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING AN INVITATION FROM THE SECRETARY OF DEFENSE TO PARTICIPATE IN THE 50TH ANNIVERSARY OF WORLD WAR II COMMEMORATIVE COMMUNITY PROGRAM. WHEREAS, the Secretary of Defense has extended an official invitations to all communities throughout the United States of America to participate in the 50th Anniversary of World War II Commemorative Community Program; and, WHEREAS, the community of the City of Kenai, State of Alaska, has elected to accept the Secretary of Defense invitation and wishes to participate in that commemorative community program; and, WHEREAS, the City of Kenai wishes to establish an official World War II Commemorative Committee to recognize this anniversary that will extend through 1995. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai World War II Commemorative Committee is hereby formed and that the Mayor of the City of Kenai shall be the ex-officio chair and shall appoint other committee members as needed; and, BE IT FURTHER RESOLVED that all service organizations within our community and the surrounding area will be asked to participate in this celebration; and, BE IT FURTHER RESOLVED that a copy of this resolution shall accompany an appropriate letter of acceptance to the Department of Defense 50th Anniversary World War II Commemoration Committee whose headquarters are in Crystal City, Virginia. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of September, 1993. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk KEAAI PARKS S RECREATION COMMISSION August 17, 1993 Kenai City Hall Richard Hultberg, Chairman 1. ROLL CALL: The meeting was called to order by Chairman Hultberg at 7:11 p.m. Commissioners present were: Hultberg, Sandahl, Carlson, Gifford, and Seibert. Also present was Mr. McGillivray from the City of Kenai. ems`. - Tq7 Agenda was approved without objection. 3. APPROVAL OF MINUTES OF JONE S. 1993: The minutes stood approved without objection. 4. DIRECTOR'S REPORT: McGillivray discussed the summer youth hire program stating only a few students are left to finish things up. Most of the playground equipment is in place, however, the diggers had to be removed until the seats for them come in. One slide was missing from the equipment ordered, but it was later found in Valdes and the trucking firm delivering the equipment will be bringing it to Kenai. Also, the handrails for the slides had to be exchanged since the proper ones did not come in the shipment. Because it was such a dry summer, the watering truck was constantly being used. The Council has approved purchase of a large reel walking sprinkler. The old Kabota tractor had lots of problems this summer. Due to the inability to get replacement parts, the age and condition of the tractor; the shop recommended trying to get another tractor. This will be brought before the Council at their next meeting. At the Center the floors of the gym and racquetball courts are being re -finished. Due to the vapors, the Center was closed for a couple of days. A quote for a fence between Carrs and the Bernie Huss Trail was received from Peninsula Fence. The Mayor stated he would talk with Carrs regarding sharing the price of a fence. Signs 1, 2 and 4 are broken down; signs 5, 10, 14, 15, 17, 18 need repair; sign 6 is missing; and signs 7, 8, and 16 are missing. KENAI PARRS 8 RECREATION COMMISSION August 17, 1993 Page - 2 Until a fence is erected, it is felt not much can be done about the vandalism. It is beginning to washout by the bridge and that also needs repair. A crew picked up 18 bags of trash off the Trail last week. 5. OLD BUSINESS: None 6. NEW BUSINESS: A. Goals and Objectives. McGillivray stated his overall goal is to make Kenai a better place to live and play for all ages. He discussed a staff meeting which generated some goals and objectives they felt needed to be addressed. Some primary objectives should be safety and compliance with ADA regulations. New parks and playground equipment need to be handicapped accessible. Discussion followed regarding some of the staff recommendations which were as follows: Replace the restrooms at the Municipal Park and at Cunningham Park. Also, install a fish cleaning facility and develop additional parking at Cunningham Park. At the beach, establish control of the vehicular traffic on the beach and develop a picnic shelter in the area. Initiate a daily gym fee at the Rec Center to help with costs. Road frontage signs are needed for all park areas. Enhance winter activities by developing ice skating rink at Beaver Creek and/or the old FAA field. Also establish a cross-country ski trail. Access to water is needed for the maintenance of park areas as well as watering plants with Beautification projects. Establish a tent camping area. The commission will need a map of city -owned land in the cannery area to address alternative locations for tent camping. Before future development of new park areas,. increase staff to maintain what is now developed. McGillivray will get a copy of the staff report to the CAI PARKS 6 RECREATION COMMISSION August 17, 1993 Page - 3 Commissioners to aid in their development of goals and objectives. At future meetings, the Commission will begin to develop and prioritize goals and objectives. A work session will also be needed in the future. The meeting was adjourned at 8:25 p.m. Respectfully subm' ted, Eirlen�ee cor ing Secretary for the City of Kenai 7 I kiwi frill BICENTENNIAL CITY OF KENAf 1) - �o "�9,d Oapdavl 4 4&om- 210 Fidalso Avmue, Suite 200 Kanni, AK 9%11.TM Telepia w 907 U3-M3 FAXN7-29XV14 MEMORANDUM DATE: August 20, 1993 TO: Planning and Zoning Commission FROM: Loretta Harvey, Administrative Assistano4r",,// RE: MEETING SCHEDULE Due to a lack of agenda items the meeting of August 25th has been canceled. The next regularly scheduled meeting will be September 8th. KZNAI PLANNING i BONING COMISSION August 11, 1993 - 7:00 P.M. City Hall Council Chambers 6. PLANNING a. Res PZ 93-36: Tide View Heights b. Res PZ 93-37: Home Occupation Permit - Dog Bathing 1003 Kaknu, Lot 17, Block 2, Kaknu Corners ^� 7. MW BUGINE88 8. OLD B08INE88 a. Resolution PZ 92-26: Rezone - See (discussion) 9. CODE ENFORCE1dM ITMW a. Baker Development 1010 Alaska Avenue 10. REPORTS a. City Council b. Borough Planning C. City Administration KENAI PLAUMING to BONING COMMISSION August 11, 1993 - 7:00 P.M. City Hall Council Chambers Chairman Phil Bryson * * *NINUTEB * * * 1. ROLL CALL Members present: Duane Bannock, Carl Glick, Ron Goecke, Charlie Pierce, Lori McComsey, Kevin walker Members absent: Phil Bryson (excused) Also present: Loretta Harvey, Administrative Assistant ilewl OR9 :P Ron Goecke noted the date should be changed from the loth to the llth and moved approval of agenda as presented, asking for unanimous consent. APPROVED BY UNANIMOUS CONSENT. MI1UTE8 - July 28, 1993 Goecke moved for approval of minutes as presented and asked for unanimous consent. Bannock seconded. APPROVED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD None. None. a. Res PZ 93-36: Tide View Heights Staff reported that this was the finalization of vacations which the Commission had previously reviewed and approved. MOTION: Bannock MOVED approval of Resolution PZ93-36 Tid• View Heights. Goecke SECONDED. KENAI PLANNING AND ZONING COMMISSION August 11, 1993 - Meeting Page 2 ***DISCUSSION**** Walker said he thought that Council had denied the original vacation permit. Staff explained that the Council had originally denied the permit after P&Z approved. But after receiving additional testimony from State and Federal departments, changed their decision and granted the vacation. VOTE: sa+ .. B,Sga. 41icY ;po�okar. 11lker. �atPrry. Pierce YES ABSENT YES YES NO YES YES MOTION PASSED BY MAJORITY VOTE. b. Res PZ 93-37: Home Occupation Permit - Dog Bathing 1003 Kaknu, Lot 17, Block 2, Kaknu Corners Glick introduced the item by explaining that dog bathing was not specifically addressed in the Land Use Table. Staff is looking for direction on whether this fits the Home Occupation criteria or a conditional use permit is required. MOTION: Bannock MOVED approval of Resolution PZ 93-37 and asked for UNANIMOUS CONSENT. Bannock SECONDED. Walker said he felt this met the criteria of KMC 14.20.230 Home Occupations. He felt it would be similar to a Beauty Parlor which is allowed. This appears to be a low-key operation that would not impact the neighborhood. Glick asked if there were any objections to unanimous consent. McComsey said she objected and asked for a roll call vote. Bannock r y. .tea :Slick .4oev lfailcer McCo,. .... :: . Pferce YEe ABS=T YES YU YES no YWA MOTION PASSED BY MAJORITY VOTE. KENAI PLANNING AND ZONING COMMISSION August 11, 1993 - Meeting Page 3 a. Resolution PZ 92-26: Rezone - See (discussion) Staff reported that Council had asked that the applicant be contacted with regards to this issue since it had been tabled by P&Z until October 1993, since the applicant was on a teaching assignment in Turkey. Staff was able to contact this applicant since he was home for the summer to commercial fish. Mr. See informed staff that he would rather seek the rezone rather than a conditional use permit (as suggested by P&Z). The business will be net mending and the sale of commercial fishing supplies. The applicant indicated this is his home and since he plans to be there indefinitely he would like the status to be more permanent than a conditional use permit. See asked that P&Z rule on the rezone. If it is denied he would appeal it until July of 1994, when he returns to Alaska for the fishing season. MOTION: Walker MOVED approval of Resolution PS 92-26: Rezone - See. MoCossey SECONDED. Walker commented that this property was well within the Spur corridor and he was a proponent of rezoning the entire corridor to Commercial. He had no problem with this and asked that it be brought forth to be voted on. Bannock noted the staff recommendation of August 26, 1992: "Staff would recommend that section e. of page 26 of the Comprehensive Plan be considered if the rezone is approved: Limit the adverse impacts of commercial uses on adjacent residential properties by requiring a fence and/or landscaping buffer on the commercial site." Bannock said he was not in favor of adding a buffer and he would stand by that decision. Walker called for the question. VOTE: ::. YEp AUMT YES YES YES YES YEs MOTION VASSED BY UNANIMOUS VOTE. KENAI PLANNING AND ZONING COMMISSION August 11, 1993 - Meeting Page 4 a. Baker Development 1010 Alaska Avenue Staff reported that Baker had talked to the Building Official on Monday and pulled the second portion of the permit. He will be finishing the existing structure in the near future. Staff also reported that there had been several complaints regarding the Beluga RV Park sign which was on a van parked across from the Old Carr's Mall. Bannock said he felt that this was selective enforcement, since there were other cars parked there with for sale signs on them. Goecke agreed and felt that if the city was going to enforce this they would need to have all the cars with for sale signs removed also. a. City Council - Not available. b. Borough Planning - Not available. C. City Administration - Not available. 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITENS 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT There being no further business the meeting was adjourned at approximately 7:35 p.m. Respectfully submitted, Loretta Harvey Administrative Assistant, Planning r'l AGENDA EENAI CITY COUNCIL - REGULAR MEETING AUCJU*t 18, 1993 7:00 P.K. KENAI CITY COUNCIL CHAMBERS • • _ 6 A 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. Sandra Vczar - Requesting Council to Rescind Sale of Municipal Reserve Property. 1. Ordinance No. 1560-93 - Increasing Estimated Revenues and Appropriations by $20,000 in the General Fund from the Reserve for Athletic Expenditures to purchase a Parks Department Tractor. 2. Ordinance No. 1561-93 - Amending KMC 7.25.020 (City Budget Control). 3. Ordinance No. 1562-93 - Increasing Estimated Revenues and Appropriations by $1,221,000 as a Result of Receiving Eight State of Alaska Municipal Grants. 4. Ordinance No. IS63-93 - Increasing Estimated Revenues and Appropriations by $2,979.58 in the General Fund as a Result of Drug Forfeiture Receipts. 1. Council on Aging 2. Airport Commission -1- 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. XINQTES 1. *Regular Meeting of August 4, 1993. F. CORRESPONDENCE H. Naw SUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. Discussion - Change Order No. 9 - Kenai Courthouse/G&S Construction - $13,454.00. I. ADMINISTRATION REPO 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. -2- KENAI CITY COUNCIL REGULAR MEETING August 18, 1993 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:01 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. Roll was taken by the City Clerk. Present were: Monfor, Measles, Smalley, Williams, and Bookey. Absent were McComsey and Swarner. A-5. Mayor Williams requested the following changes to the agenda: ADD: B-11 Additional Information - 8/4/93 as -built survey of Tract A, Kenai Municipal Reserve Subdivision No. 1 (Swarner/O'Connell property). NOTION: Councilman Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. A-6. Mayor Williams stated no changes to the Consent Agenda. rl�ej 4 f• Councilman Smalley MOVED for approval of the consent agenda as presented and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM B: B-1. (Verbatim) Sandra Vosar - Requesting Council to Rescind Sale of Municipal Reserve Property. KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 1993 PAGE 2 WILLIAMS: The first item of business before us this evening is Scheduled Public Comment. We have Ms. Sandra Vozar ah, requesting the council to rescind the sale of Municipal Reserve property. Ms. Vozar would you please come forward. State your name for the record. VOZAR: My name is Sandra Vozar and I live at 1001 Mission, the Toyon Villa Apartments, Number 19, in Kenai. Could I see a copy of that as -built that you were talking about? MANNINEN: We have a transparency here. We'll turn that on so that everyone in the audience can see it too. VOZAR: Oh, okay. (speaking away from the microphone, looking at the transparency on the screen) You're coming in on, this is the main road right here. _ This is the drainage ditch or drainage structure for the may. And this is the outfall, the storm drain that goes down the bluff. (into the microphone) And um, this is the main drainage for all of Old Town. Um, I have some pictures to show you also. Ah, just this last week, I took pictures of the rain going down the drainage ditch. Going down the culvert that's there. And one of the things that concerns me, we put a bunch of riprap in there trying to hold back the ground from sloughing in. Riprap and concrete and so forth. I spent quite a bit of money on it myself out of our own pocket to have this riprap and this um, broken up concrete put in there so that we don't run into big problems with ah the drainage I don't want to lose a big piece of my land now that I have an investment sitting right there in the RV park. Um, last um, week, um, Keith, or two weeks ago, the Mayor asked ah, Keith Kornelis about if repairs were done to this drainage ditch, if, how it would, how it would bother the ah, ah, flow of water and so forth. Well this drainage ditch drops about fifty feet over the bluff here. And the water comes down these roads, comes into this drainage and goes down the ditch and then down below, into the Inlet. And this pictures of it going into the Inlet. I believe what Keith said is that you did not need to, you can see this is the drainage, this is the end of the culvert coming out over the bottom of the bluff. And Keith said, well, we'll just put, put the culvert closer up the hill. Well, you can see, you can't put the culvert closer up the hill because this KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 1993 PAGE 3 drainage has already cut a path or a swath to meet the lake, or to meet the stream below. If you cut it further up on the bluff, you're going to have to build quite a bit of concrete or do something there in order to stop it from eroding away the bluff which this area is well protected from the bluff being eroded, but the culverts are way down below. And, also, if you do any modifications to that storm drain, and make it bigger or make it do anything like that, you're going to have to have Corps of Engineer approval because you are taking water from the road down the sewer drain out into the stream. So, if you start messing with any of that, you've got to get some more improvements, or, or approvals to do it. And, I'm concerned, ah, in reading what the Clarion said. The Clarion is saying that we all need to change the ordinance or make this sale right. There's nothing wrong with the ordinance the way it is. It clearly says when somebody comes into this city, to lease a piece of land in Title 21, 21 point 10 point 030, Applications. When you make out an application with every application in (B), the applicant shall submit a development plan showing and stating the purpose for the proposed lease, the use, the value, the nature of improvements to be constructed, the type of construction, the dates of construction as estimated to commence and be completed. Maximum two years. In parenthesis, construction is supposed to be done maximum two years period, amen. Whether intended use complies with zoning ordinances. Well, my point is the maximum two years. That's Title 21. Then we come over to Title 22 and it specifically says, Title 22 point 05040, Sale Procedure. (c) says the land can be sold when a lease, if the tract of land proposed to be sold is leased land where the lease sets forth the development schedule. The lessee may negotiate the sale of the land at not less than fair market value. If the lessee, current lessee, obtains its right to negotiate a sale only after he's leased the land for two years or the lessee has, to the satisfaction of the city manager, completed development as detailed in the development schedule. The reason that this was put in here was because if somebody came and leased a piece of land from the city, developed it within one year. Didn't use the two years up. Developed it within one year according to his development schedule, he could virtually come into the city and say, "I did what I was supposed to do. I want KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 1993 PAGE 4 to buy the land now." And he would have the right to do it. But the very next section says, "If the tract of land proposed to be sold is .leased land, without substantial improvements, then the tract of land may only be sold by outcry auction or competitive sealed bids." It's telling you, you have to do it this way or this way. That's if somebody comes in to you people, "I want to lease this piece of land. I'll lease it. Here's my development schedule. Shucks, I changed my mind, I don't want to do it that way. I'd like to buy the piece of land. I want to buy it." He cannot buy it because he didnn�t do his substantial improvement on the property. Therefore, it goes out to bid to everybody in Kenai so we all have a right to buy that same piece of land. Not just one person just because they've walked in there and done this. That's not fair. It's not fair to the rest of the people of Kenai. And, to change the ordinance now, or make any changes in your peoples' wording on this ordinance is like shutting the door after the horses have already gotten out. It's too late. How much FAA land and how much land of the city is already gone? And it's good land. What's out there now? Just land that's not, that, that doesn't have much value to it? And, this is not a new subject by any stretch of the imagination to, to the people here. Somebody is watching how this council is operating. I received an anonymous fax. No sender's name on it. With the front page of the Clarion from December 5th, 1985. Who owns FAA land? Here's a copy of it for all of you. WILLIAMS: Well, Mrs. Vozar, that's not pertinent to this situation... VOZAR: Well, it is, because it specifically... WILLIAMS: ...Not it isn't. This is not FAA land to begin with. That article is eight years old. It has nothing to do with what's before us tonight... BOOKEY: That's right. SMALLEY: I wasn't on the council then. WILLIAMS: ...I'm not going to take the council's time to... KENAI CITY COUNCIL MEETING MINUTES f AUGUST 18, 1993 PAGE 5 VOZAR: Well, one paragraph in here says, "another way a lot of land is disposed to the leasing first and then the lessee purchasing the land. If there are substantial improvements on the land. If it is vacant, it goes to competitive bid. That is a recent requirement." So, this is in 1985 when assembly members and people from the, or council members, and the mayor were buying land here. So, this is a subject that is still going on. And you don't think that this is pertinent... WILLIAMS: Well, this doesn't have, if we're talking about FAA lands, it has nothing to do with these lands and we need to move along. VOZAR: Okay, my next question then to you is, here's from the Clarion an opinion by the coun... by the Clarion and it said, "at the same time there is a legitimate public interest in these (� lands, and their ownership and in the processing of sales and leases, a city council that deals with these lands and makes binding decisions about the ownership and use of such lands must be held to public scrutiny. Kenai city officials didn't conceal their interests, but neither have they straightforwardly assembled and disclosed them. There is no requirement for our political office disclosure laws that candidates for public office list their land holdings. The public would be better served... WILLIAMS: Well, Mrs. Vozar, that's incorrect as well. So, it's something else... VOZAR: Okay, I have one other... WILLIAMS: ...that I'm not going to take up the council's time for. The public disclosure for council people is very, very stringent, ah, not only to your land holdings, but all your partnerships and every one of your bank accounts, your entire IRA statement and everything else is a matter of public record. And so that is irrelevant to this situation as well. VOZAR: All right. I'm still asking for this Council to rescind this sale. KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 1993 PAGE 6 WILLIAMS: Mrs. Vozar, I'm going to make three statements and I believe they're, they're consistent with the thinking of the ah rest of the members of the City Council and if they aren't, I'll allow the council to ah, address each of them. First of all, the Council has expressed no desire whatsoever at this time to change the ordinance. So, I don't think we're going to address that subject. Second of all, I don't believe that any member of the council here intends to rescind the sale and I don't believe there is forthcoming a, a ah, motion of any sort to rescind that sale. Thirdly, and most importantly, this whole issue now appears to be a problem between two private property owners which does not, and I repeat, does not encompass any thoughts or actions by the council. It appears by this plat, and I say it appears, that there is a major encroachment on a private piece of property by another property owner. With that in mind, I'd say that there's no doubt, there probably will be some form of litigation somewhere along the line and because of that, this council will take no action and we will not discuss the matter when it's in black and white in front of us. I am absolutely surprised at that this plat, personally and ah, it bothers me that, and I'm saying this from a personal standpoint, not from the council's standpoint, but it bothers me quite a bit, to see you come before this council and try to flavor this whole situation with smoke when it's very, very apparent that ah, you're encroaching on someone else's private property here and ah, have done a pretty good job of it. VOZAR: Well, I can clarify that. We hired Stan McLane. He came out. He surveyed it. He stood there. When the surveyors came out, I couldn't believe where they put the stakes. I asked Mr. Wakefield, the surveyor, stand here and wait. Mr. McLane's on his way because I called him and told him where the stake was. I paid about thirty-five hundred dollars to have my property surveyed. When Stan McLane come out, at first he shook his head and said, "nope, he didn't think that the surveyor from Wakeland was right because when we had put our sewer and water lines in, there was a monument that had been moved. And then Stan sent his people over there. I asked him to please send his people over there. He stood right there and he sent his people over there and he came back and he said, "Your correct." That Wakeland was correct. That, and he said he apologized to us. He said your stick were right here on this point and that is correct. It is our full intent to move our entrance road over so that it does KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 1993 PAGE 7 not encroach on this piece of property. But at no time was it ever intended to encroach on that piece of property. We followed what we felt was our engineer's um, stake and so forth... WILLIAMS: Well, again, again I repeat the fact... VOZAR: Well, I just wanted to bring that to the record. I have one... WILLIAMS: Again, I repeat the fact that this is strictly a matter between two private individuals at this point... VOZAR: Okay. WILLIAMS: It has absolutely nothing to do with the city council. VOZAR: I have one more thing I'd like to bring out. I would like to see a way to satisfy or to settle this whole matter in my mind. Right down the road from it is the Mt. Redoubt Lookout. And right there at the sign, sitting right next to it, it says "dangerous bluff, stay back." This council is trying to get things developed in Old Town. It seems to me that this is a poor sign. You should see the condition of the sign and then, dangerous bluff say back. I don't understand why this council didn't keep the piece or the city keep the piece of land, or go into a transaction with the Swarners to purchase the piece of land back and then purchase their small piece of land back and let people that, where the Visitors Center sends, people down there all day long to park, that would be the ideal spot to move this sign to and park people on. That's just a suggestion. You can do with it what you like. Thank you. SMALLEY: Mr. Mayor? WILLIAMS: Yes. SMALLEY: I think the record should clarify that the deal with the city was between Mr. Swarner and Mr. O'Connell rather than the Swarners. WILLIAMS: That's correct. All right. Thank you very much for bringing this to the attention of the council this evening, once more. KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 1993 PAGE 8 VOZAR: Thank you. WILLIAMS: If there's no further discussion of this matter, we'll, or if council has no further discussion we'll move on to public hearings. Seeing none, we'll do so. END OF ITEM. ITEM C: PUBLIC BEARINGS C-1. Ordinance No. 1360-93 - Increasing Estimated Revenues and Appropriations by $20,000 in the General Fund from the Reserve for Athletic Expenditures to purchase a Parks Department Tractor. MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1560-93 and Councilman Smalley SECONDED the motion. There was no public or council comment. VOTE: Monf or : Yes Smalley: Yes Swarner: Absent NOTION PASSED Measles: Yes Williams: Yes Y. McComsey: Absent Bookey: Yes C-2. Ordinance No. 1561-93 - Amending KMC 7.25.020 (City Budget Control). NOTION: Councilman Smalley ROVED for adoption of Ordinance No. 1561-93 and Councilman Bookey SECONDED the motion. There were no public comments. Councilman Smalley asked if there are a maximum amount of transfers a department can make, i.e. can a department come back twenty times for $1,000 transfers. Brown stated there is no limit on the number of time transfers may occur. However, historically, he has made efforts to prevent manipulating the budget by making numerous transfers under $1,000 in a short amount of time. As far as legitimate transfers over KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 1993 PAGE 9 several months' time, there is no limit. The transfers stay within the fund. The transfers do not increase the budget. Only an ordinance can increase the budget. VOTE: Monfor: Yes Measles: Yes McComsey: Absent Smalley: Yes Williams: Yes Bookey: Yes Swarner: Absent MOTION PASSED UNANIMOUSLY. C-3. Ordinance No. 1562-93 - Increasing Estimated Revenues and Appropriations by $1,221,000 as a Result of Receiving Eight State of Alaska Municipal Grants. NOTION: Councilwoman Monfor MOVED for adoption of Ordinance No. 1562-93 and Councilman Measles SECONDED the motion. There were no public or council comments. VOTE: Monfor: Yes Measles: Yes McComsey: Absent Smalley: Yes Williams: Yes Bookey: Yes Swarner: Absent MOTION PASSED UNANIMOUSLY. C-4. Ordinance No. 1563-93 - Increasing Estimated Revenues and Appropriations by $2,979.58 in the General Fund as a Result of Drug Forfeiture Receipts. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1563-93 and Councilman Smalley SECONDED the motion. There were no public comments. Williams asked if the remainder of the funds needed for the class have been budgeted. Brown answered yes. The class was anticipated and the remainder of the �, amount was included in the Police Department budget. WHITE - VENDOR GOLDENROD - ACCOUNTING CANARY - ACCOUNTING BLUE - SHIPPING & RECEIVING GREEN - APPROVED COPY PINK - REQUISITIONER PURCHASE ORDER CITY OF KENAI 210 FIDALGO ST. PHONE 283.7538 KENAI, ALASKA 99611 VENDOR NO. 10280 Jahrig Electric TO Box 51 Kenai, AK L Ordered by: Kornelis SHIP VIA: BY I THIS PURCHASE ORDER NUMBER -MUST APPEAR ON ALL PACKAGES AND PAPERS RELATING TO THIS PUR- CHASE. No. Dote 8/25/93 ORNERY W►rE PREPAY SHIPPING - CHARGE o.e. m.....<<,.aF,,. _ �RouDrAt PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. DESCRIPTION OR ARTICLE QUAWITY UNIT UNIT POa AMOUNT Install head bolt car heater plug -ins at the Congregate Housing according to 9750.00 the attached proposal TOTAL 9750.00 DEPARTMENT Congregate Housing 214.50.8098 9750 00 BY rWo For Council approval 9/1/93 �,.. KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 1993 PAGE 11 D-7. Miscellaneous Comissions and Comittees Williams referred to minutes of the Congregate Housing Design Committee wherein they discussed items they would like to have added to the facility with any leftover funds available. Williams thanked the Committee for their work. Williams added this information will be kept on file for review upon the completion of the project. ITRX E: XXNUTZS 8-1. Regular Meeting of August 4, 1993. Approved by consent agenda. ITEM F: CORRESPONDENCE None. ITZK 0: OLD BUSINESS None. ITEX R: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman Measles SECONDED the motion. There were no objections. 80 ORDERED. H-2. Purchase Orders Exceeding $1,000 MOTIONS Councilman Measles MOVED to approve the purchase orders exceeding $1,000 and Councilman Smalley SECONDED the motion. Williams questioned the expenditure to Kraxberger for the '� drilling of a test well. Williams stated he thought at the last KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 1993 PAGE 10 ITEM D: C0XKX88I0N/C0JWTTHE REPORTS D-1. Council on Aqinq No report. D-2. Airport Commission No meeting. D-3. Harbor Commission No meeting. Next meeting is scheduled for September 13, 1993. D-4. Library Commission Councilwoman Monfor reported the minutes of the last meeting were included in the packet, as well as an annual report of the Library's activity. Linda McNair reported the Library was awarded an ARCO grant of $3,000 which will be used for a CD Rom data base work station (encyclopedias, etc.). D-5. Parks & Recreation Commission McGillivray reported the Commission met last night. The Commission discussed goals and objectives. McGillivray stated the Commission will discuss this topic in future meetings also. Smalley stated he would gather names of students interested in the position of student representative on the Commission and give them to McGillivray soon after the start of school. D-6. Planning & zoning Commission Councilman Smalley reported actions of the P&Z Commission at their last meeting: Passed: Re -plat of Tide View Heights Home Occupation Permit for Dog bathing at 1003 Kaknu, Lot 17, Block 2, Kaknu Corners Rezone of See property. Also, a permit was withdrawn for the Baker development at 1010 Alaska Avenue. ,. KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 1993 PAGE 13 cost would have been more than what the City will pay for the work in Change Order No. 9. Manninen stated he does not feel comfortable with this arrangement, but the engineer and contractor are absorbing the extra cost and the City is getting a better building. Manninen stated it is his recommendation to pay Change Order No. 9 as requested. Brown stated the $13,454 will be paid from airport monies because the loan monies have been used. There is no contingency money to make up for any further costs. Any additional costs for this building will come out of airport funding. There are no contingency funds because of the soil contamination costs. Brown added there is a possibility some of these monies will be recovered after the soil contamination litigation is completed. Kornelis stated when the contaminated soil costs are removed, cost for the building is $6,477 less than the original bid. Less than 1% of the contract has been used for change orders that do not relate to contaminated soils. Kornelis stated the architect and inspector of the job were in the audience if Council had questions. Councilwoman Monfor asked for an explanation of "on -site water." Kornelis explained the original design included heated water at sinks for hot drinks. It was decided that individual hot water taps would be placed at sinks for that purpose. Monfor asked about the paving and plants. Kornelis stated trees, etc. were planted all around the building. Those that were deleted, were credited to the Parks & Recreation Department. They planted plants on city properties. Kornelis added the paving will commence next week. Seeding should begin tomorrow. MOTION: Councilman Smalley ROVED for approval Change Order No. 9, G&S Construction, Kenai Courthouse Project in the amount of $13,454. Councilman Measles SECONDED the motion. There were no objections. 80 ORDERED. BREAK TAKEN: 7:55 P.M. BACK TO ORDER: 8:12 P.K. KENAI CITY COUNCIL MEETING MINUTES AUGUST 18,•1993 PAGE 12 council meeting they discussed a feasibility study to be done in order to decide the appropriate action in regard to wells, water treatment, etc. City Manager Manninen stated he met with Kraxberger, Kornelis, La Shot, and Clyde Johnson and they discussed the different options the city has. Manninen stated he asked Kraxberger if he knew of any areas where the water would not be colored and if there are records of where a well should be drilled in order to maximize the City's benefit. Manninen stated they discussed the area by the storage tank by the airport. That is the proposal before the council tonight. If council approves the purchase order, they will drill an exploratory six-inch well for the not -to -exceed price of $9,600. That price includes the $22/foot (300-400 feet), down time (while the water is tested) and take -down time. If good water is found, the well would then be re -drilled with a 10" casing at $80-100/ft. If another acceptable water source is not found, the feasibility study will then be done. Manninen added if something was not started this year, it would be next year before any drilling could be done. Manninen stated if council does not agree with this procedure, they will go ahead and order the feasibility study. If good water is found, the cost will be minimal for the drilling, etc. compared to placement of a water treatment system. VOTE: There were no objections. 80 ORDERED. H-3. Discussion - Change Order No. 9 - Kenai Courthouse/G&S Construction - $13,454.00. City Manager Manninen referred to memorandums included with the change order material in the packet. Manninen explained the first memo is not in reference to the change order. However, the change order issue is similar. Manninen added he had had some questions that he discussed with staff at a meeting on Monday. His questions were why should the city pay the difference and is the work due to the engineer's faulty design. Manninen stated his questions were resolved after the staff meeting. Manninen explained the contractor and engineer have accepted partial responsibility in the $13,454 change order claim. Manninen further explained if the engineers had designed what is 71 there now and it had been included in the bid as it is now, the .-� KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 1993 PAGE 15 1-2. City Manager a. Goal setting - Manninen reported he is starting a futuring/goal setting mission statement process with the staff. Manninen stated he plans on having the initial information for review at the work session on August 26. b. Complaint System - Manninen reported he will be instituting a complain system. Manninen explained if Council receives complaints in letter form, please forward the letter to him and he will investigate the complaint and respond. If a complaint is given verbally, please call him and he will investigate the complaint and respond. Manninen stated he will be sending Council responses in regard to the Police Department and beach operational costs. Manninen added he will be forwarding Council responses in regard to water and sewer rate complaints before their next meeting. (^ I-3. Attorney No report. I-4. City Clerk a. October Election - Clerk Freas reported seven persons took out petitions. Six were returned and approved. Candidates are Linda'Swarner, Duane Bannock, Dean "Jack" Castimore, Teresa Werner-Quade, Nancy Gourley, and William D. Toppa. b. Christmas Party - Freas included in the packet dates of the Senior Center's availability for the Christmas Party. Council chose to hold the Christmas Party at the Senior Center on December 11, 1993. C. Work Session - Freas reminded council of the work session set for Thursday, August 26, 1993 at 7:00 p.m. in the council chambers. Discussion will be goals and objectives. I-5. Finance Director No report. KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 1993 PAGE 14 I-1. Mayor a. Oil i Gas Lease Bale - Williams reported the comment date for this sale has been extended until August 24. Williams added he learned at the public hearing, out of 40 persons testifying, only two testified in favor of the oil and gas sale. Williams stated others against the sale included the United Fishermen of Alaska. Williams referred to information in the packet from the United Fishermen of Alaska, asking the City of Kenai to become members of their organization. Williams asked Council if they felt a letter of support should be written in regard to the oil and gas sale and indicate the City and Council are in favor of oils and gas development. Councilman Bookey stated he would like a letter of support sent. Smalley stated he supported oil and gays development also, but emphasized the need to keep the fishing industry strong as well - - the oil industry and fishing industries go hand in hand. MOTION: Councilman Measles MOVED for a letter of support to be written. Councilman Smalley SECONDED the motion. There were no objections. 80 ORDERED. b. Alaska Conference of Mayors - Williams stated he will be attending ACOM meeting in Sitka Thursday and Friday. C. Chisik Island - Williams reported he had an interesting trip to Chisik Island to bring back the old cannery equipment. d. Councilman McComsey - Williams reported he received a telephone call from Councilman McComsey. McComsey indicated he was missing Kenai, but did not know when he will return. e. Borough Health Plan - Williams reported Kathy Scott has requested to speak at the next council meeting in regard to the Borough Health Plan. Scott will also be asking for support of the health plan on the ballot. KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 1993 PAGE 17 people to use the slips. The Commission is hoping once users are there, they will see the advantage of continuing to use the slips. C. Float Plane Fuel System - Ernst stated the fuel system should make a difference in the Basin's slip rentals. Ernst stated HEA has staked the line and after that is approved, the power will be placed. An easement for the power right-of-way will be completed. The work will probably not get done this year, but will be started first think next spring. d. wheat Field - Ernst reported the first cutting and bailing has been completed. Williams stated he has spoken with pilots during his flights out to Chisik Island. He was told the basin is about 500 feet too short. Williams reported he asked Bill Nelson to calculate the cost for adding another 500 feet. Nelson stated an approximate cost of $100,000. a, .), 4 •J J-1. Citizens Patricia Porter - 1160 Deepwood Court, Kenai. Porter stated she and her husband were one of the six renters of slips at the Float Plane Basin. Porter stated her husband has mentioned the basin is too short also. Porter added that is his biggest complaint in regard to the basin. Airport Manager Ernst asked why the people who think the basin is too short did not speak up during the public hearings. Ernst stated there were three people at the public hearings. Kayo Mcaillivray - Stated congratulations to the Peninsula Oilers. A proclamation and resolution were requested to be written. J-2. Council Bookey - Nothing. Xoasles - Nothing. T, Smalley - Stated his concern regarding the width of the road in front of KMart. Smalley added a turning lane is needed badly. The condition is very serious. KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 1993 PAGE 16 I-6. Public Works Director a. Pavinq Project - Kornelis reported a Notice to Proceed will be issued for the Haller -Evergreen -McKinley paving project next week. b. Airport Security dates - Pre -construction conference scheduled for August 24. C. Thompson Park Sewer Interceptor - Bid opening is set for August 25, 1993. d. Crack Sealing - Work will start on the runway portion September 1. e. Airport Taxiway - Paving will start this week. They are a bit behind schedule. f. Drainage/Safety Zone - Seeding will start in about one week. g. Courthouse - Paving to start next week. h. Spur Highway Project - Kornelis referred to Information No. 4. Kornelis stated he asked DOT for another public hearing. Kornelis stated he attended the public hearing for the Borough section. The engineer stated they do not plan to hold any more public hearings. i. Public auction - Kornelis reported he plans to hold an auction on September 11. A resolution will be before Council at their next meeting to declare certain items surplus. Williams asked how the highway crossing work was progressing. Kornelis reported they were close to finishing the drawings. They will be completed with lots of time to spare. Kornelis added the computer system is working nicely. Williams suggested Kornelis investigate the cost of purchasing a large printer (for mylars, etc.) to work with the AutoCAD system. There was no Council action. I-7. Airport Manager a. Enplanement Report - Airport Manager Ernst referred to his enplanement/parking/float plane report included in the packet. Ernst stated an error was made and the parking receipts in the calculations were for 43 days, not four. b. Float Plane Blip Rentals - Ernst reported six of 25 slips are rented. Ernst stated they have advertised the float plane basin. The Airport Commission is investigating the offering of slips for free for one year in order to bring more H w w + x r x w x r H r x w w x w r # ao rn rn � x r w w r x x w x H w uo w O x x •� r v' O an �V QJ O O� O .ti r+ w w x x x x x w w x w x x w x w e, x x w r r r r r w r w w w x + x x r w x r x 04 a w x A r w y w w pq O O go U w r .� H pt�.. Ey H H H .U"L '� E•' U d adE+ r 5'L w y �••a ad U S E 1ad ��y U a 'ad E r w CD r V►fir N no a s -4 O r U r .Q a x pa E W 7C r-O U U x r x x r 4 r r « w w x n aw H S O x H oa.. r�r r x r r r x x x w x pq m x + U m caa T r r H H •`+ 'ram .4 er m m y y aG r r r r pq t. pa y an W y r r E y y E W m a O r r r E, a A E W eo W m y y y a o= .-a 1-9 a a O m ao C4 M. p r r a O O Fy A e. M r 9-3 ♦O ap aG PIC aC r r M r r r r A x w x x r r r 7 5' ►�. � ..`L U U U x r r r x r r + r r r r w r + o H + r + E r x fC r w w H H r M + Z y �..y �„• ftl s y C y W y !Y pa oM1 N ...7 E•" V V y .•a H Pa V O Z p H + m ✓ U' .ar "L aq + r ma Pan W H a OyC uD E y y F-M red W y 0- m W .eC Men r y W E OE,. m m x T .-7 PO .H.7 O anPE,. W m pareC y W y t.y W A U + A+ A A x z p r r x x o + + reC U U C=k + + pC Da+ + W W = t x x w r ,Q x w w S UP x 0 •f w x C) fy p w r Clo CO yCl •Q F..y W U O 2 O a U w a e4 aQ an O a O oa .t m H H E cl Um °a m r r U H y 6 U .r O04 as ad _ acq��r 7ACtaa a py 0i ..n b4 aan Da a awn x owe o 0 b m a Cl P. v P. y-/ KENAI CITY COUNCIL MEETING MINUTES AUGUST 18, 1993 PAGE 18 William - Passed around a picture of the courthouse in Barrow. Informed Council there was a drawing of the planned Fire Training Facility on the wall for review. Williams added the Board of Regents are meeting in Kenai this week. There is a good chance that the Fire Training Facility will receive $2.2 million. Williams asked Council if they wanted the Fishermen of Alaska organization. Smalley Bookey -- the City supports their efforts, Lower Cook Inlet. kti-K' l • �] L�!Y._� The meeting adjourned at 8:43 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk City to join the United stated he agreed with but also support the x w o 0 0 0 0 0 0 0 w x O O O O O b O N # .� # N l� O IA O M !•� W x x « # « ry x « w N O� � O� ""' N •--� « # x « « « w w VJ m # i VJ H/ Own 1�.1 m y ari M rn O O IR O E cm CD nK x = x O E. H W E. hi co r O« .Q y s/a W Z U X x CJ « Pa y. 6 X V X O CD W aC S Cac M« x x « O� X U tL E+ # « r w x E- x w X Iti # x # w X 1-1 U4 fy. t # O Py X E f#i Po O 4 C.. s E sac S W- aK aC U va Q2 E y QR 0= x « Laa w m r Qr E X O 1 sa.. 1 R, DaPq a n a cmPD C7 r x x p« x # cn u u u u # r x i # « # « O « w CL' p Ga # x « w 04 cm a w « « « a u] X E— m �' OC o .. x o CD a CD O 1 x w X E"'1 H sa. m « « O ad Z 6 « x E fY H (.7 E CD Z a o O V a 93. r x � « cm7 E a O sa.. u °C H U E- G4 X Pa a ►r x x tN y H a "4 ce- u X « # # w a C7 s O m ^f.. m u C7 Pp s ci o py p « w z w n p a O sac o a 1-a O o a' [.7 H r m O X m X m X ►#. cj# p.. U E U E-. U rs/a ca r a O Pa a a vEa a H tae W H r-Q no E E aq w « s O « x x x « # O O x « « x « x KM N X x x # '� Q 9 c.'J "�....f' O a L 7 W x x C7 R: O E 04 m E # awi m m E va 1-a Y s a m m va r « U W E E m pa Pti m to -a" paa H �.y m U ma O« .as ac a c� z L OG O far # x ca # X# •� O cti Oc Pa SC a �q X H s 7ct G a u rn x �• # � ae s ►� eet s .� M BICENTENNIAL AdIly, �stG'c11j a 16"! MEMORANDUM CITY OF KENA H-� 62 apiW oll 4Za,.4a," 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 TO: Honorable Mayor Williams and Kenai City Council FROM: Thomas J. Manninen, City Managerlkv DATE: August 27, 1993 RE: vehicle Pluq-ins at the Congregate Housing Project The vehicle outlets are a necessary part of the completion of the congregate housing project. The construction funds are available to cover the $9,750 purchase. Also, it is rather urgent and timely to install the vehicle plug -ins as soon as possible for the Vintage Pointe Manor. Therefore, I have signed the purchase order for the congregate housing vehicle plug -ins. I am requesting city council ratification of this action. Until we have settled other major issues regarding contractor, subcontractor, architect and engineer work final payment, and the city knows with some certainty the congregate housing project funds available. I do not intend to rMest any additional piecemeal additions to this rrooject. GRANTING PIECEMEAL C0BM2XCT ADDITIONS NU ADVERSELY JEOPARDISE OR EZTi08E OTM FUNDS TO LIABILITIES. CAUSED BY TRIO PROJECT, i.e., THE GENERAL FUND OR OTSEA SOURCES OF FUNDING. CITY COUNCIL ACTION NEEDED: Council ratification of this action and the signed purchase order for the $9,750.00 for congregate housing vehicle outlets. Attachment J, "111 TO: Thomas J. Manninen, City Manager FROM: Keith Kornelis, Public Works Director DATE: August 24, 1993 SUBJECT: Ctae� - Vehicle Outlda Pat Porter asked that I contact you concerning her request for additional vehicle plug -ins, or outlets, at the Congregate Dousing Project, now called Vintage Pointe' Manor. The original design was to have these vehicle plug -ins for winter time use but it was deleted after receiving the project cost estimate. The project was bid and the low bid was substantially lower than the estimate. The City requested a price to add the additional plug -ins but the estimate we got from the project electrical subcontractor was very high (+- $60,000, I think). The City �^ installed conduit under the paved road and entrances so the plug -ins could be added at a later time. Jahrig Electric gave Pat a cost proposal using Davis Bacon Wages of $9,750. Pat Porter has told me that she feels that the vehicle plug -ins are a necessity and would like to have them even if the cost had to come out of her O & M budget. I don't know how much money, if any, will be left over on the project after we settle the Gaston claim. If we take the money out of the O & M budget now we probably couldn't replace it if we later had extra money in the construction budget. Since it is a construction item and should be part of the project, I recommend we install the plug -ins using the construction grant money. Unfortunately winter is quickly approaching and this work needs to be done soon before freeze up or it will have to wait until next year. Attached is a purchase order for the vehicle plug -ins using the construction grant funds. If you want to change the account or simply void the purchase order and not do the plug -ins just let me know. KK/kw cc: Pat Porter, Senior Center Charles A. Brown, Finance Director Cary Graves, City Attorney 24 '93 11:45 JAHRT_G ELEC 777-77 ? ..�..`��........,.. P.1 JAHRIG ELECTRIC Page No. of . pages 1 x►, A ASKA 99611prapsat No 1128 .. Phone M4262 -i3 (I rJ �.✓ JOe NAME / LOCATION , Qa , ----______.._......... ............------ JOa PWON .. ..___._.__.__ .. .. .._..._._...-.—.—_-_._-___. _.. ...._. .... .I / - AnONITaCT � — L� !OATS OP PLAN* i N We hereby propose to furnish, in accordance with speciticabons below or on atlecfwd pap& all me:lerisl and labor necessary to compete the followfng: o . $�-'�� %� ,2v� .Sg�r/�c.� ?-oo Aye, Aware-.. 3 Plr1 Po to-s for the sum of��Qwll:�doilars� PAYMENTS TL> OE i3 .. �...._.__....... ) AN material is guarenaed to be as specified. All work is to be completed In a work- A F"[7MM1~ aeeefdplg to.*UWMWd OMWOMe. Any alterapon or dW4=I h from the Authorized aaaohod spoeftstf"ns ii Vol-i =Ira coats vela as Wwoulee oaltr teen wrhwt Wensture . -_ .............__._ 8W will beeoras an extra charge over and above No aaWnals. All agnenNrtes contingent upon saikea, acardina s *stays beyond OUT Control, Owns Cafry fin. Noto. This proposal may be tornado sM outs necessary ulawilpica. Our workers are tuft covered by Workrhsn's withdrawn by us if not et cooted within ..._.. __.. days. Comomm adert Insurance. a e — The above or attach" prices, sati dmbwry and are hereby acceWed. You am signature — authorized to do IN wont as specified. Payment wiM be made as outlined above. signature Date Of AOOeptance: - -- — - Suggested by: Administratic City of Kenai NO. 1564-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KMC 23.50.010(b) BY ADDING A NEW PAY CLASSIFICATION CALLED "PARKS AND RECREATION ADMINISTRATIVE ASSISTANT." WHEREAS, in the FY94 annual budget, the City Council changed the pay classification of a Parks and Recreation employee from range 3 to range 6; and WHEREAS, although pay range 6 appears on the adopted "Salary Structure by Grade," a pay classification has not been formally established for a range 6. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.50.010 is hereby amended as follows: 23.50.010 Employee Classification: City employees shall be classified by Class, Title, and Pay Range as follows: 201 Department Assistant I 3 202 Department Assistant II 7 203 Administrative Assistant I 8 204 Accounting Technician I 10 205 Accounting Technician II it 206 Accountant 16 207 Legal Secretary I 9 208 Legal Secretary II 11 209 Legal Assistant 15 210 Administrative Assistant II 9 211 Administrative Assistant III 12 212 Department Aide 1 213 Parks & Recreation Administrative Assistant 6 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of September, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: September 1, 1993 Adopted: September 15, 1993 Effective: October 15, 1993 Approved by Finance: e q (8/24/93) kl (10""r 1 7 Suggested by: Planning and Zc ORDINANCZ NO. 1565-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL CITY OF KENAI ZONING MAP FOR CERTAIN LANDS DESCRIBED AS LOTS "1" AND "2A" SCHURR SUBDIVISION. WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai; and, WHEREAS, the Official City of Kenai Zoning Map depicts these lands as Suburban Residential (RS); and, WHEREAS, the proposed zoning designation is General Commercial (CG); and, WHEREAS, the Kenai Planning & Zoning Commission held a public hearing on August 26, 1992 and as a result of that public hearing recommend approval of the proposed amendment to the General Commercial (GC), zoning designation, as indicated on attached map. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: ,Section 1. Subject properties consisting of those lands depicted in Exhibit A described as Lots "1" and 112A" Schurr Subdivision are hereby amended to General Commercial (CG). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of September, 1993. ATTEST: Carol L. Freas, City Clerk JOHN J. WILLIAMS, MAYOR First Reading: September 1, 1993 Second Reading: September 15, 1993 Effective Date: October 15, 1993 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUT161H PZ 92 - 26 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL TO THE KENAI CITY COUNCIL OF THE REQUESTED (REZONING) (IiMMUM SUBMITTED BY Charles L. See PO Box 1412 Kenai, Alaska (Applicant) ' FOR Lots "1" and "2A" Schurr Subdivision (Legal Description) WHEREAS, the Commission finds the following: 1. The subject property is currently zoned Suburban Residential 2. The present land use plan designation of the subject property is medium density residential 3. The proposed (ZONING DISTRICT) 0�i = C ) for the affected property is General Commercial 4. An appropriate public hearing as required has been conducted by the Commission on August 26, 1992 5. That the following additional facts have been found to exist: NOW, THEREFORE BE IT RESOLVED, by the Advisory Planning & Zoning Commission of the City of Kenai that the petitioned (REZONING) ( ) is hereby recommended to the Kenai City Council. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska, this 11th day of August_ 1993. CHAIRMAN AT T: Pla ninq ecretary clwwwoov �� r. 1 ►1 t rk l 1 BICENTENNIAL y""7o mrtrs eaya lwa te! CITY OF KENAI ..o 6api 4 4&-jo6a," 210 Fidalgo Avenue Kenai, Alaska 99611 TELEMONE W-M5 FAX W7-2$.3-=4 REZOMNG APPLICATION Date: rlr`l 1 Petitioner: of ,'4 r .1 �•e�'E Address: AyI2 �i�i�wt��� �F : fo Phone: �A 71 2 rl3 -- ll ./ Legal Description of Property to be Rezoned: �s �t / zm-'./� ✓ G�i aR/l �r�L� r:r aH w �QR�� Ave Present Zone:Qf>,�� ,s Proposed Zone: 40f. rre'4 c1.dz Intended Use and/or Reason for Rezoning: P."' ti frrl fe.i��..J d� ,�ii► �..y.�e�p' �/j..q .4,..J�, /i7''/.,yZ`..'W 1%., 04 '�� Io�r' /p/'.ylt�► J e iwia �wa/I Li.s�.r�t%sue Ol/E/l �r—_� Section 14.20.270 Ameramenprocedures governs any amendment to the Kenai Zoning Code and Official Map. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1Amendments to the Kenai Zoning Code and Official Map may be initiated by petition by a majority of the property owners in the area to be rezoned; or, a petition bearing the signatures of fifty (50) registered voters within the City of Kenai to amend the ordinance text; or, submission of a petition as provided by the Home Rule Charter of the City of Kenai. 2. Amendments to the Official Zoning Mao shall be considered only if the area to be rezoned contains a minimum of one (1) acre (excluding street or alley right-of-way) unless 1 7- the amendment enlarges an adjacent district boundary. 3 A Public Notification and Hearing is required before the issuance of this permit. A $200.00 non-prefundable deposit/advertising and administrative servicesfee is required to cover these notification costs. 4 4�� A proposed amendment to the zoning ordinance which is substantially the same as any other proposed amendment submitted within the previous nine (9) months and which was not approved shall not be considered. , , 1, , " �', a Z Petit oner's S gnature Chairman Planning Secretary R S ►— mfols _ la yE to � i oatf 1 k''— � l� �p _ j' H' A L I A K S T � Y16 i •''suef�- �. 11 B9 uIW •so dC - • t` P •I ' A�aa� I r�r�a` IIc SWIRES • r ' ELEMENTRY TRACT-1 L"_p.'� Wife �rr,��iA!SUND ' 41 �' I 2.1 01 .'JACK FIRM 141 •+COO I SO I W 0 ! f ......, St tl0 i _ • 'A'v) � E pf — .•S rp IRS-� - 7,01 34 • .I -s A` N N p II 11 N p N N II N 11 N M 11 11 N N I ! II I 11 N -a -.I ; N. WD Ul 3 N 3 !9 ca C v► LINWOOD LANE ad to O to O tJl N A � r iti CU I Ci `GJ ME 1319.88 moo BEARING BL.M Z U ANv W c a, 0 r 7 STAFF REPORT TO: Chairman Graveley and Planning Commissioners FROM: Loretta Harvey, Planning Secretary DATE: August 20, 1992 RE: REZONE LOTS 1 & 2 SCHURR S/D - CHARLES L.-SEE • Applicant: Legal Description: Existing Zoning: Proposed Zoning: Current Land Use: Proposed Land Use: Staff Action: ANALYSIS: Charles L. See PO Box 1412 Kenai, Alaska 99611 Lots 1 and 2A Schurr S/D Suburban Residential General Commercial (CG) Medium Density Residential Net Loft Sent 15 public hearing notices to interested parties. No response. KMC 14.20.270 Amendment Procedures (b) (2) Amendments to the Off+lcial Zoning Map shall be considered only if the area to be rezoned contains a minimum of ou6 (1) acre (excluding street or all&y rights -of -way) unless the amendment enlarges an adjacent district boundary. This property both enlarges an adjacent boundary and is larger than 1 acre (1.3 Acres). The lots bordering this property described as Portion of gov't lot 42 & 51 lying south of Spur Highway between Linwood and Candlelight were rezoned to CG in 1983. This property held "grandfather rights" according to the Kenai Peninsula Borough (see attached) as Doyle's Fuel Service. The rezone was granted in order to bring this non -conforming use into conformance. According to KPB Analysis: It was not the intent (in 1983) to encourage future commercial activity in this area which is zoned Suburban Residential. Section F of the Kenai Comprehensive Plan, page 26 under Commercial Land Use Strategies a. states: Concentrate commercial development along the Spur Highway, where traffic turning movements can be controlled and impacts on adjacent neighborhoods can be minimized. This parcel borders the Spur Highway. RECCMMZNDATION: This rezone would be consistent with KMC 14.20.270 Amendment Procedures (b) (2) and with the above referenced section of the Comprehensive Plan. Staff would recommend that section e. of page 26 of the Comprehensive Plan: ' Limit the adverse impacts of commercial uses on adjacent residential properties by requiring a fence and/or landscaping buffer on the commercial site, be considered as a condition to this Rezone, if approved. CAWWWOC8 MIMMSTAFF.RPT 1791-1MI CITY OF KENAI %Od 0aja4;W 4 4" 210 FIDALOO KENAI, ALASKA 99A11 TELEPWONE 263 - ?M FAX 907-283.3014 August 17, 1993 Charles See PO Box 1412 Kenai, AK 99611 RE: Rezone - Lots i 6 2A Sahurr Subdivision At their meeting of August 11, 1993 the Planning and Zoning Commission approved the above referenced application. Please accept this letter as your notice to proceed with the development as described in the application. yeSincely, �arvwy Administrative Assistant Planning 7 1791-1U1 CITY OF KENAI %ad ed,aiW 4 4Za4" 210 FmWgo A.e,t�, ito 200 Komi. Aug 9%11=77% TeUpbow 907-2t3-7933 FAX"7-293-- I4 ################################################################## MEMORANDUM DATE: August 6, 1993 TO: Planninq and Soninq Comission FROM: Loretta Harvey RE: RESOLUTION PS 92-26: REZONE - BEE I spoke with Mr. See on the above referenced date. He is still interested in having a net mending business on this site. He also would eventually like to sell commercial fishing equipment from this site (on a small scale). He prefers that the lot be rezoned rather than obtaining a Conditional Use Permit as suggested by the Commission. This will be his family home and business in the future and he would like it to be a permanent situation. Since he is leaving for Turkey before the meeting he asked to be scheduled for July of 1994. I told him I would talk to the Commission about proceeding with the rezone. If it is not passed he will wish to appeal and be rescheduled for the July 194 meeting. WHAT IS THE PLANNING AND ZONING COMMISSION'S RECOMMENDATION ON THIS ITEM? KENAI PLANNING AND ZONING COMMISSION August 26, 1992 Page 2 6. PUBLIC HEARINGS a. Resolution PZ 92-26: Rezone - See Chairman Graveley opened the meeting to public hearing on Resolution PZ 92-26: Schurr Subdivision, Lots 1 and 2 A, Charles L. See. Seeing no one in the audience who wished to testify, Graveley brought the Rezone back to the Commission. MOTION: Bannock moved approval of Rezone Lots 1 and 2A Schurr Subdivision, Charles L. see. Scott seconded. Jack La Shot, City Engineer explained that this lot was next to Doyle's Fuel Service. Doyle's property had been previously rezoned to accommodate an existing non -conforming use when the zoning ordinance was established. Chairman Graveley noted the staff comments, referring to the Comprehensive Plan: "Limit the adverse impacts of commercial uses on adjacent residential properties by requiring a fence and/or landscaping buffer on the commercial site, be considered as a condition to this Rezone, if approved." Would staff recommend that the buffer be included as a stipulation to grant the rezone. La Shot said he would recommend a buffer due to the presence of residential properties close to the proposed rezone. Graveley asked what a suggested buffer would be? La Shot 20 feet or may be all existing natural screening be left in the building setbacks. Bannock said he did not really want to amend motion to include buffer. Bryson the proposed rezone is to General Commercial. Applicant does not state his long term intention. Lot is 90 feet wide and if buffers were retained it would restrict development of this lot. Scott said she remembered that the Commission set two priorities Townsite Historic Zone and zoning along the Spur Highway. Scott felt maybe this rezone should wait and the applicant could have an interim conditional use permit, while the Commission review the possibility of establishing new zoning designations along the Spur Highway. 7 KENAI PLANNING AND ZONING COMMISSION August 26, 1992 Page 3 AMENDED MOTION: Bannock asked to table the motion With direction to staff to talk to Mr. see Lot 1 i 2A echurr Subdivision, about the possibility of an interim conditional use perait to facilitate his current needs. Scott 9e0ondod. VOTE: Bannock: Yes, Bryson: Yes, Scott: Yes, Graveley: Yes b. Resolution Pz 92-27: CUP - RV Park - Doyle Chairman Graveley introduced the item and opened the meeting to the public for public hearing. ***verbatim*** Erie Knackstedt, Box 532, "I've been living were I'm living for 41 years, then they build a trail and call that Beaver Loop. I know you guys have a heck of a time, cause I used to serve on there, and you'll never get me on there again. But I've been living there 41 years and then they built the road, Beaver Loop. Now, we can't stand the pressure of an RV over there, you wouldn't be able to get on the highway to start with, to drive on the highway. And I know my river bank can't take it. And I'm sick and tired of arguing where they belong down by that water, not on that bank. The bank is crumbling and I don't want mine to look like Cunningham Park. I made a mistake when Martha died, she give me the power of attorney, because she gave the city that park. And I had the power of attorney, she gave them $500 to have a sign made, and I had to go to Council and prove with that paper that they gave $500. And the Council finally said, "Hey make that sign", see they did give it to ya. She had it made for a kids park, not for, I don't know . . . You got a regulation there that says no camping overnight, in the summer time that don't work, it's sunshining all night. So they ain't staying there, they're staying there. But it's not camping all night. Now it's camping all night, 'cause it gets dark. But I'm against that, because you can't get through there right now, and how are you going to get there, with that there." Chairman Graveley, "do we have any other individuals from the public who would like to speak?" Chester Cone, "Ladies and gentlemen of the Planning Commission, my name is Chester Cone, and I have a couple of comments that I would like to make about the proposed RV Park. First of all, I have no objections to any of my neighbors trying to make a living with their property. We all have enough obstacles to overcome to do anything. But there are a couple of things concerning this proposal that are very objectionable to me. The first, being that I have, my property is adjacent to his, side by side. And our KENAI PLANNING AND ZONING COMMISSION September 9, 1992 Page 5 a. Resolution PZ 92-26: Rezone - See Harvey explained that she had sent a letter to the applicant informing him of the Commission's previous meeting's action. The Commission felt that a conditional use permit would be appropriate for the commercial use requested until the enStire spur Highway zoning issue could be addressed. There had been no response at packet time since the applicant was in Turkey. Smalley said that the applicant had enhanced the property in recent months and left an adequate buffer on the site, to obscure the proposed activity. Smalley felt the applicant would adhere to any criteria the Commission would require. NOTION: Bryson moved to postpone action on this item for one month (October. 7th) to give applicant time to respond to the request for a. conditional use permit. Scott seconded. 1r VOTE: Bannock: Year Graveley: Yes, Scott: Yes, Ranson: You a. RPM 's A copy of the letter from Cary included for P&Z's information. September 15th to clean up area. b. Quandt Property Bryson: Yes, Goecke: Yes Graves, City Attorney, had been The letter gave Mellish until Harvey had sent a letter to Department of Natural Resources requesting information on who was the present lessee of this property. There had been no response by packet deadline. C. Irene's Lodge A letter had been sent requesting the lodge to obtain a conditional use permit for the guide service, which appears to be operating from this site. The present Home occupation permit does not include a guide service. 17 Hanson said he was a neighbor of FandelIs and said he had never noted any problem with their operation. STAFF REPORT To: Planning & Zoning Commission Prepared By: JL/LH Date: October 8, 1992 Applicant: Charles L. See PO Box 1412 Kenai, Alaska 99611 Requested Action: Legal Description: Existing Zoning: Proposed Zoniuq: Current Land Use: Rezone Lots 111" and 112A" Schurr S/D Suburban Residential (RS) General Commercial (CG) Medium Density Residential Application was originally reviewed at a public hearing, August 26, 1992. At that time the Commission decided that a Conditional Use Permit might be the proper vehicle for the applicant's needs, until further review of all zoning along the Spur Highway. The applicant is presently in Turkey on a teaching assignment. Staff sent a letter informing Mr. See of the Commission's decision, but have received no response to date. Recommend tabling item until response is received from applicant. 1. Resolution 92-26 KENAI PLANNING AND ZONING COMMISSION August 11, 1993 - Meeting Page 3 a. Resolution PZ 92-26: Rezone - See (discussion) Staff reported that Council had asked that the applicant be contacted with regards to this issue since it had been tabled by P&Z until October 1993, since the applicant was on a teaching assignment in Turkey. Staff was able to contact this applicant since he was home for the summer to commercial fish. Mr. See informed staff that he would rather seek the rezone rather than a conditional use permit (as suggested by P&Z). The business will be net mending and the sale of commercial fishing supplies. The applicant indicated this is his home and since he plans to be there indefinitely he would like the status to be more permanent than a conditional use permit. See asked that P&Z rule on the rezone. If it is denied he would appeal it until July of 1994, when he returns to Alaska for the fishing season. NOTION: Walker MOVED approval of Resolution PS 92-26: Rezone - Boo. NaConsey SECONDED. Walker commented that this property was well within the Spur corridor and he was a proponent of rezoning the entire corridor to Commercial. He had no problem with this and asked that it be brought forth to be voted on. Bannock noted the staff recommendation of August 26, 1992: "Staff would recommend that section e. of page 26 of the Comprehensive Plan be considered if the rezone is approved: Limit the adverse impacts of commercial uses on adjacent residential properties by requiring a fence and/or landscaping buffer on the commercial site." Bannock said he was not in favor of adding a buffer and he would stand by that decision. Walker called for the question. VOTE: , an Glick: woke : :Wf kor.. Macoas EYVI 71>3SENT YES YES YES YES YES MOTION PASSED BY UNANIMOUS VOTE. Suggested by: Administrat: City of Kenai ORDINANCE NO. 1566-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $500,000 IN A NEW CAPITAL PROJECT FUND ENTITLED "COURTHOUSE SOILS REMOVAL AND REMEDIATION." WHEREAS, during construction of the new courthouse building, contaminated soils were discovered on the site; and WHEREAS, as the former land owner, the Airport Land System bears responsibility to provide funds to remove or remediate the contaminated soils; and WHEREAS, the City is pursuing reimbursement from others who may have caused the contamination. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Land System Increase Estimated Revenues: Appropriation of Fund Balance $500,000 Increase Appropriations: Land - Transfers out $500,000 Courthouse Soils Removal and Remediation Increase Estimated Revenues: Transfer from Airport Land System $500,000 Increase Appropriations: Administration $ 1,000 Soils Remediation 499,000 0 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of September, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: September 1, 1993 1 Adopted: September 15, 1993 Effective: September 15, 1993 Approved by Finance: C-2 (8/25/93) kl N *E q� Y wr B rtGi1 T "a "te CITY OF KEt %'YV 6aja,�W 4 44.aa 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 MEMORANDUM TO: Mayor Williams and Kenai City Council FROM: Kim Howard, Administrative Assistant DATE: August 20, 1993 RE: Kenai Arts i Humanities Council Lease The Kenai Arts and Humanities Council wishes to renew the lease for the Fine Arts Center, for two years, at $1.00 per year. Attached is a copy of the proposed lease, similar to what has been approved in the past. 117 Does the City Council wish to enter into a now lease with the Kenai Arts a Humanities Council for the Fine Arts Center, for two years, at $1.00 per year? /kh LEASMARTS AEM Kenai City of historical Russian Orthodox Church and salmon fishing Kenai Arts and Humanities Council Box sae Kenai, Alaska 99611 (907) 283-7040 August 19, 1993 Kim Howard, Administrative Assistant CITY OF KENAI 210 Fildalgo, Suite 200 Kenai, AK 9961 1-7794 Dear Kim Organized in 19T2. Comprises of aon pr*t cultural organizations. The Kenai Arts and Humanities Council wishes to renew its two-year lease on the Kenai Fine Arts Center and appreciates your bringing the renewing of this lease to its attention. In keeping with the previous lease, the 1993-1994 rent payment, $1, was sent to the City on June 22. The KAHC is quite proud of several improvements of the Center this year: January furnace was cleaned out and repaired May exterior of building was professionally painted June -July interior of back area was painted as well as many repairs and changes were done August roku firing area in back of Pottery Studio was reorganized To divert water from running down the side of the building, scuppers will be installed on the roof, in September. The Kenai Fine Arts Center continues to be of interest to the tourists. Sincereiy r, Peggy Gill Thompson President W �1 e1. (haws Attorney CITY OF KENAI 210 Fidalgo Kenai, Alaska 99611 LEASE OF CITY LAMB THIS AGREEMENT, entered into this day of 1993, by and between the CITY OF KENAI, 210 go ,avenue, Suite 200, Kenai, Alaska 99611-7794, a home -rule �ipal corporation of Alaska, hereinafter called "City", and I ARTS & HUMANITIES COUNCIL, P.O. Box 822, Kenai, Alaska, inafter called "Lessee". That the City, in consideration of the payments of the ents and performance of all the covenants herein contained by he Lessee, does hereby demise and lease to the Lessee the ollowing described property: A portion of Lot 3, Block 17, Original Townsite of Kenai, located in the Kenai Recording District, Third Judicial District, State of Alaska, more specifically described as the building known as the Fine Arts Center, along with the grounds beneath such building and so much of those grounds immediately adjacent to such building as will provide ingress and egress to and from such building and access to all portions of the exterior of the building for purposes of repair and maintenance. A. PURPOSE: The purpose for which the Lease is issued is to provide the Kenai Arts & Humanities Council a building to house the Fine Arts Center for the benefit of the local community. B. TERM: The term of this Lease is for two years, commencing on the 1st day of July, 1993, to the 30th day of June, 1995. C. RENTAL PAYMENT: Rental for the above -described land shall be payable as follows: 1. The annual rental rate shall be one dollar ($1.00.) 2. 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. 3. In addition to the rents specified above, Lessee Tees to pay to the appropriate parties all levies, sessments, and charges as hereinafter provided: 1 Lessor: Lessee: 283.3441 FAX 283.3014 Cary R. Graves City Attorney CITY OF KENAI 210 Fidelgo Kenai, Alaska 99611 (a) Taxes pertaining to the leasehold interest of the Lessee. (b) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (c) Lessee agrees to pay all taxes and assessments levied in the future by the City of Kenai, as if Lessee was considered the legal owner of record of the leased property. (d) Interest at the rate of eight percent (8%) per annum and ten percent (10%) penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. 1. USES: Except as provided herein, any regular use of lands or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. 2. USES NOT CONTEMPLATED PROHIBITED: Use of the ises, other than as specifically set forth above, without written consent of the City, is prohibited. 3. COSTS AND EXPENSES: Costs and expenses incident to this lease, including but not limited to, recording costs shall be paid by Lessee. 4. TREATMENT OF DEMISE: The Lessee agrees to keep e premises clean and in good order at its own expense, lowing no damage', waste, nor destruction thereof, nor moving any material therefrom, without written permission of e City. At the expiration of the term fixed, or any sooner termination of the Lease, the Lessee will peaceably and ietly quit and surrender the premises to the City. 5. PAYMENT OF RENT: Checks, bank drafts, or postal ney orders shall be made payable to the City of Kenai and livered to the City Administration Building, Kenai, Alaska. 6. CONDITION OF PREMISES: The premises demised ein are improved and are leased on an "as is, where is" is. 2 Lessor: Lessee: 283.3441 FAX M3014 17(haws ,11torney CITY OF KENAI 210 Fidalgo Kenai, Alaska 99611 7. RIGHT OF INSPECTION: City shall have the right at all reasonable tiaes to enter the premises, or any part thereof, for the purposes of inspection. 8. INDEMNI ICATION AND INSURANCE: Lessee covenants to save the City harmless from all actions, suits, liabilities, or damages resulting from or arising out of any acts of commission or omission by the lessee, his agents, employees, customers, invitees, or arising from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. Lessee, at the expense of Lessee, shall keep in once, during the term of this agreement, insurance issued by esponsible insurance companies authorized to do business in laska, in forms, kinds and amounts as determined and directed y the City for the protection of City and/or Lessee. nsurance requirement hereunder shall be subject to the sole etermination of the City. Said insurance may include, but need not be limited to insurance coverages commonly known as, or similar in kind to, public liability, products liability, property damage, cargo, aircraft, fire, workmen's compensation, comprehensive, builders risk, and such other insurance coverage as deemed required in the sole determination of the City. All policies or endorsements thereto shall in all cases where possible name City as Additional Named Insured thereunder and shall contain a waiver of subrogation against the City. Upon approval by City of all insurance required, n the forms, kinds and amounts directed to be procured, Lessee hall deliver all policy originals or duplicate originals and ndorsements thereto to the City for incorporation within this greement as attachment thereto. In any event, Lessee is not o commence to exercise any of the rights and privileges ranted under this agreement until such time as all insurance irected and required to be furnished by Lessee is in full orce and effect. Lessee expressly understands and agrees that any rance protection furnished by Lessee hereunder shall in no limit its responsibility to indemnify and save harmless or under the provisions of this agreement. No policy of insurance shall be canceled or ended with respect to the City without thirty (30) days itten notice by registered or certified mail to City by the surance company. 3 Lessor: Lessee: 283.3441 FAX 283.3014 Cary R. Gram City Attorney CITY OF KENAI 210 Fidal90 Kenai, Alaska 99611 Until otherwise directed in writing by the City Manager, Lessee shall provide certificates of insurance within thirty (30) days of the date hereof as follows: Comprehensive General Liability Combined Single Limit (Bodily Injury and Property Damage): $500,000 Workmen's Compensation - Statutory Limits Notwithstanding anything to the contrary, if Lessee fails or neglects to secure required insurance or if said policy or policies are terminated, altered, or changed in any manner not acceptable to the City, then and in that event this lease may be canceled and terminated, without penalty, on five (5) days written prior notice to Lessee. 9. EASEMENT GRANTS RESERVED: City reserves the right to grant and control easements in, or above the land leased. No such grant or easement will be made that will unreasonably interfere with the Lessee's use of the land, and Lessee shall have free access and use of any and all parking and loading rights, rights of ingress and egress now or hereafter appertaining to the leased premises. 10. LEASE SUBORDINATE TO FINANCING REQUIREMENTS: essee agrees that City may modify this Lease to meet revised equirements for Federal or State grants, or to conform to the equirements of any revenue bond covenant. However, the odification shall not act to reduce the rights or privileges ranted the Lessee by this Lease, nor act to cause the Lessee financial loss. 11. SURRENDER ON TERMINATION: Lessee shall, on the ast day of the term of this Lease or upon any earlier ermination of this Lease, surrender and deliver upon the remises into the possession and use of City without fraud or elay in good order, condition, and repair, except for easonable wear and tear since the last necessary repair, eplacement, restoration or renewal, free and clear of all ettings and occupancies unless expressly permitted by the City n writing, and free and clear of all liens and encumbrances ther than those created by and for loans to City. Upon the nd of the term of this Lease or any earlier termination hereof, title to the buildings, improvements and building quipment shall automatically vest in City without requirement f any deed, conveyance, or bill of sale thereon. However, if ity should require any such document in confirmation hereof, essee shall execute, acknowledge, and deliver the same and 4 Lessor: Lessee: 283-3441 FAX 283.3014 "T"IOran• torney CITY OF KENAI 210 Fidelgo Kenai, Alaska 99611 shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in connection herewith. (a) There is hereby reserved to the City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface and all improvements approved by the City of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now or hereafter used for,navigation of or flight in the air, using said airspace for landing at, taking off from, or operating on the Kenai Airport. (b) The Lessee by accepting this conveyance expressly agrees for itself, its representatives, successors, and assigns, that it will not erect nor permit the erection of any structure or object, nor permit the growth of any trees on the land conveyed hereunder, which would be an airport obstruction within the standards established under the Federal Aviation Administration Regulations, Part 77, as amended. In the event the aforesaid covenant is breached, the City reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object, and to cut the offending tree, all of which shall be at the expense of the Lessee or its heirs, successors or assigns. 13. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is pressly understood that the City shall not be construed or ld to be a partner or joint venturer of Lessee in the conduct business on the demised premises; and it is expressly derstood and agreed that the relationship between the parties reto is, and shall at all times remain landlord and tenant. 14. NONDISCRIMINATION: The Lessee, for himself, his irs, personal representatives, successors in interest, and signs, as a part of the consideration hereof, does hereby versant and agree as a covenant running with the land, that: (a) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (b) In the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation, 5 Lessor: Lessee: 283.3441 FAX 283.3014 Cary R. Graves City Attorney CITY OF KENAI 210 Fidalgo Kenai, Alaska 99611 denied the benefits of, or otherwise be subjected to discrimination; (c) The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of Transportation - Effiectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (d) In the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease, for a purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 15. MODIFICATIONS: The lease may not be modified orally or in any manner other than by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval. 16. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and enforce reasonable rules and regulations governing the demised premises and the public areas and facilities used in connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by the City shall become applicable unless Lessee has been given thirty (30) days notice of adoption or amendment thereof. 17. COMPLIANCE WITH LAWS: Lessee shall comply with all applicable laws, ordinances, and regulations of public authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and ways adjacent thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Lessee agrees to hold City financially harmless: 6 Lessor: Lessee: 283.3"1 FAX 283.3014 (711Draws 1torney CITY OF KENAI 210 Fidalgo Kenai, Alaska 99611 (a) From the consequences of any violation of such laws, ordinances, and/or regulations; and (b) From all claims for damages on account of injuries, death, or property damage resulting from such violation. (c) Lessee further agrees it will not permit any unlawful occupation, business, or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto, including zoning ordinances, rules and regulations. 18. CARE OF PREMISES: Lessee, at its own cost and expense shall keep the leased premises, all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair during the entire term of this Lease. 19. LESSEE'S OBLIGATION TO REMOVE LIENS: Lessee will not permit any liens including, but not limited to, mechanics', laborers', or materialmen's liens obtainable or available under the then existing laws, to stand against the leased premises or improvements for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the -Lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufferance of Lessee, provided, however, Lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, Lessee will immediately pay any judgement rendered with all proper costs and charges and shall have such lien released or judgement satisfied at Lessee's own expense. 20. NOTICES: (a) Any notices required by this Lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth in the opening paragraph of this lease unless such address has been changed pursuant to sub -paragraph (b) hereafter, and in that case shall to the most recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. 6 Lessor: Lessee: 283-3441 FAX 283.3014 Cary R. Grows City Attorney CITY OF KENAI 210 Fidalpo Kenai, Alaska 99611 The City shall also mail a copy of any notice given to the Lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust, or security assignment. (b) Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least fifteen (15) days prior to the giving of the particular notice in issue. 21. WRITTEN WAIVER: The receipt of rent by the Lessor with knowledge of any breach of the Lease by the Lessee, or any default on the part of the Lessee in observance or performance of any of the conditions or covenants of the Lease, shall not be deemed to be a waiver of any provisions of the Lease. No failure on the part of the Lessor to enforce any covenant or provision therein contained, nor any waiver of any right thereunder by the Lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the Lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the Lessor, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving of the Lessor of any notice thereunder to effect such termination, shall not reinstate, continue, or extend the resultant term therein demised, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given thereunder by the Lessor to the Lessee prior to the receipt of any such sum of money or other consideration, unless ,so agreed to in writing and signed by the Lessor. 22. BUILDING AND ZONING CODES: Leased lands shall be utilized in accordance with the building and zoning ordinances and rules and regulations of said authority. Failure to do so shall constitute a default. 23. NOTICE OF CONSTRUCTION: Lessee agrees to notify the City in writing three days prior to commencing any construction project valued in excess of $500.00 upon the property. Lessee agrees to assist in the posting of a notice of non -responsibility and maintenance of the notice upon the property during construction. Lessee agrees that in the event of the Lessee's failure to notify the City as provided above, Lessee shall indemnify the City against any materialmen's liens 8 Lessor: Lessee: 283-3441 FAX 283.3014 7IA. Graves Attorney CITY OF KENAI 210 Fidalgo Kenai, Alaska M11 las defined in AS 34.35.050 which arise as a result of construction upon the premises. (a) If hazardous material is found on the Leased Property, the presence of which results in contamination of the Leased Property, the Lessee shall indemnify, defend, and hold the City harmless for any and all claims, judgments, damages, costs, or losses, including, but not limited to reasonable attorney's fees, engineers' and consultants' fees, which arise during or after the term resulting directly or indirectly from such contamination. (b) As used herein, "hazardous material" means any hazardous or toxic substance which is or becomes regulated by the State of Alaska or federal government. (c) The obligations described in this Article shall survive the termination of this lease. (d) During the last six months of the lease term and prior to the expiration of the lease term, the City shall have an environmental assessment performed on the site to determine if any hazardous materials are present on the site. The City shall select and contract with the person or persons to perform the environmental assessment. The Lessee shall reimburse the City for the costs of any such assessment performed under this section. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. LESSOR: LESSEE: 9 CITY OF KENAI By: Thomas J. Manninen City Manager By: Lessor: Lessee: 2813441 FAX 283.3014 ,STATE OF ALASKA ) 11 )ss ,THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1993, be nq personally known to me or having produced satisfactory evidence of identification, ;;appeared before me and acknowledged the voluntary and authorized Ij !execution of the foregoing instrument. Notary Public for Alaska My Commission Expires: (STATE OF ALASKA ) i )ss (THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1993, THOMAS J. MANNINEN, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: i jApproved as to lease form by City Attorney (Approved by Finance Director ems_ (Approved by City Manager (Lease approved by Council on !LEASESWITYLAND.ART Cary R. Graves City Attorney CITY OF KENAI 210 Fidalgo Kenai, Alaska 9%11 Carol L. Freas, City Clerk 10 Lessor: Lessee: 283.3441 FAX 283.3014 1791- IMI CITY OF KENAI 210 FIOALGO KENAI, ALASKA 9W (( TELEPHONE 283 - 7535 v'y� FAX 907-283-3014 ME1[Oft7111DUK l I TO: Thomas J. Manninen, City Manager FROM: Charles A. Brown, Finance Director XV DATE: SUBJECT: August 18, 1993 Courthouse Equipment, Furnishings and Card Key System In a Sources and Uses of Funds Statement prepared last summer, the Alaska Court System included $25,000 for equipment and furnishings and $50,.000 for an electronic card key system for security. This Statement was essentially a preliminary budget, often referred to as a sizing document. Its purpose was to identify expected costs in determining the amount of the loan sufficient to build the courthouse. The Alaska Court System considers the above items ($75,000) as part of the overall courthouse project. They believe that Kenai's promise to complete the courthouse includes these items. Analysis The Alaska Court System's position has some merit. There probably was a reasonable expectation on their part that money was available for these items. The loan was sized to include them. It only became clear that funds were no longer available when all the costs were known for the soils contamination delays and extra work. There is perhaps an equally reasonable position for not allowing the items to be purchased. They were not part of the offering materials for the loan. They were not part of the plans and specs or the construction contract. They were 17 not part of the lease agreement with the State. Memorandum Thomas J. Manninen August 18, 1993 Page Two All loan proceeds, accrued interest revenue, and grants have been spent, encumbered, or contracted. All additional costs that are approved will be paid from City funds. ; N- � , .71 While we may be able to successfully argue that the equipment, furnishings, and card key system are not part of the project and can be denied, the ensuing battle with the Court system and the bad press may not be worth it. Even I admit that I understood that the Court System expected that they would be allowed to purchase these items. We may have a moral obligation to allow the purchase; it may be unfair to make them suffer for a situation they had nothing to do with (soils contamination). I recommend that we allow the above purchases. If you agree, submit this to the City Council for the September 1, 1993 Council meeting with the recommendation that Council agorove the purchase of up to S&5.000 for eggi=ent and furnishings and un to $50,000 for an electronic card'kev system for the new courthouse. City funds are appropriated. FROM: DATE: RE: 1781-1881 v CITY 4F KENI-11 "Od Capd4d q 44z"a " 210 FIDALOO KENAI, ALA8KA 99M1 TELEPHONE 283.7535 MEMORANDUM FAX 907.283-3014 Williams & Kenai C' ouncil Thomas J. Manninen, City manager -IF August 23, 1993 City Administration's Recommendation on the Requested by McCool Carlson green, Architects Kenai Court House Project; Pay up to $20,000 Eztras on the Following up on my memorandum dated August 12, 1993, the attached August 20, 1993 McCool Carlson Green letter concerns me. First of all, the letter does not define what is a "not -to -exceed" contract for construction administration at the Kenai Court House. I am also deeply concerned with McCool Carlson Green's statement that the City has created an impression "that McCool Carlson Green has performed poorly or negligently on our contract." That is an inaccurate perception. I needed McCool Carlson Green to convince me that their request on "extra services" on construction administration over and above McCool Carlson Green's "not -to - exceed" contract administration fee on the Kenai Court House project is legitimate and is well defined to finish the project. As I stated in my August 12 memorandum WE OWE NO LESS ACCOUNTABILITY TO THE PUBLIC TRUST! Accordingly, I agree with Paragraph 4 in the August 20 McCool Carlson Green letter, and I quote, "That is the basis for our $20,000 request and is completely in line with our written contract. The $20,000 request is only for services to be performed between August 28 and September 30 of 1993 plus substantial and final completion inspections." AFTER CONTACTING MCCOOL CARLSON GREEN, WE WERE ASSURED THE $20,000 REQUEST INCLUDES PAYMINT FOR THE SUBSTANTIAL AND FINAL COMPLETION INSPECTIONS. (Emphasis added.) Therefore, McCool Carlson Green's "up to $20,000 request," covering the period August 28 through September 30, 1993, is the final not - to -exceed figure that the City needed to be defined by the architects. (This is the maximum additional City cost if approved by City Council as long as the contractor is completed by September 30, 1993.) COUNCIL ACTION RECOMMENDED: I RECO101END WE AMEND MCCOOL CARLSON GREEN'S CONTRACT BY INCREASING THEIR NOT -TO -EXCEED AMOUNT, BY "UP TO $20,0000," BASED ON THIS MEMORANDUM AND MY AUGUST 12th MEMORANDUM AND THE AUGUST loth, 20th AND 24th MCCOOL CARLSON GREEN LETTERS. Attachments 17 TJM/kh cc: Cary Graves, City Attorney Charles Brown, Finance Director Keith Kornelis, Public Works Director WORK\MCG.MEM 08.24.1993 16:48 I II l Iy c'COOL CARLSON GREEN 7tt:lll'1'NC''I'111U: • 1N'PIdR1(1N JUSION • SPACE;SPACE;I'LANNIN(i �t 24, 1993 &.11- O NU"ihorld 9%11 Kemill Courthouse . B.xtm Saving Ica AU61993,'jj ��� RscEived � 1 of Kenal Public WOfM OePt n; ; r�cco���i ie phone today the VA000 re ted for Addltiow n serving in our, letter of Aiug K 10 will be for service: throuo September 301993. We. expect that this additional all tlwst is necerglrlr to catnpete our work Lrdudit dal and n as the Cmtrpoter is coirte with his �. if dw ntr� not complete by September 30 we may tare" fug. c..4m caw. r�4./,� 4 ��� Duke P. 1 hahw It. MrCoo1 Mlrhafl P. COrbOn bewtlai 0. (irrrw 901 WrN 291h Avtww4p A"eh:.ngr, AMsh■ 99303 ( 07) 563,4474 VAN (907) S63.4173 ***END*** McCOOL CARLSON GREEN b.��? ARCHITECTURE - INTERIOR DESIGN - SPACE PLANNING I August 20, 1993 j AUG 1993 Mr. Thomas Manninen Rammed City Manager City ai "081 Cityof Kenai Public iih op t 210 Fi o Suite 200 Kenai,�99611-7794 Re: Kenai Courthouse Dear Mr. Manor' n I have just received copies of your memos of August 12, 1993 (a copy is attached) regarding our fee requests and Sar-Schmidcer of our office attended your August 18 Council meeslag. Ycmr memos and Maw Williams statements to the Council are not consistent with the facts or our comraet with the City of Kenai. We are deeply concerned with the impression you have p-rujected that Mc�Cool Carlson Green has performed poorly or negligently on our contract. Nothing could be further from the truth. The cts of the situation are: The City saved money on fees. Our fees for the design and bidding ppoortions of the contract wasds6,585, less than 5S9b of the construction costs. 17 We agreed to this low fee after lenfthy negotiations with the City based on the statements that there would be limited changes to the Palmer design. In fact changes were made to practically every aspect of the design causing additional designs expenses of $68,538 as docvas+ented in my letter to -Keith Kornelis on August 41992 (a copy is attached). The City has not compensated MCG for any of these extra design costs. All fee increases to date have been the result of the contaminated soils or spwMc requests by the Coen System and agreed to by the City. We have not aggressively chased fee extras, these changes have been thrust upon us by circumstances that were not anticipated by anyone when the job started. There was no "built in fee cushion" as your memo suggests. Our Construction Phase fee of S 162,952 was based on the requirements of our written contract with the City. That contract clearly spells out services which are not included but may be added as additional services. Paragraph 1.2.10 clearly states that Construction Administration and Observation 30 days past the onginnaal1 completion date is additional services. That is the basis for our S2f,000 request and is completely in line with our written contract The $20,000 request is only for services to be performed between August 28 and September 30 of 1993 plus substantial and final completion inspections. Our services will be billed on a time and expense basis so the City only pays for the services that are required. We will only spend the amount of time necessary to complete the job responsibly so the City and the Court System gets full value for the construction dollars sent. Our billings will be fully supported by time sheets and expense receipts. John E. McCool Michael P. Carlson Dottelas G. Green 40! West 29th Avenue %nchorage. Alaska 99503 Q07) 56 1.84 74 FAX ilhM 563-4571 The level of change orders exclusive of contaminated soil is extremely low when compared to the norms of the industry. The $26,000 approved to date for changes exclusive of contaminated soil is tel_yy 0.5W of the total construction value. This eo vary iavo with DOT/PF st*tistics which average 16% (see chart) ata�d the Palmer Courthowle which had appoximately $30,000 of changes on a smaller facility. MCG's contract with the City does not require we pay flag Change Orders. What the contract doesuue is that we perform services without negligence in a manner consistent with current practice in the area. We did not nor could any architect guarantee perfection in design, documentation or construction. That is why our contract and design contracts in general are not written with performance guarantee clauses. McCool Carlson Green is not respondble !br the project prebhems. The proj ct budget preabiam we the result -of site contuntna4on. We had a utell► nothing to O, with the site selection or the hazardous meoriai n pprnioor to design. Without the delay paused by the contaminated ail his gnqjact would be aomfortably under budget and complete by now. I do understand the difficult position you are in due to the cost overruns however your focus on McCool Carlson Green is misdirected. The real questions are: Who contaminated the site? Who's responsWe for cleaning it up? Who was responsible for detect the `----- nation during site selection? As noted above we have already, incurred a $4000 loss on the design and we are unwilling to incur any further lames. The best interests of the job would be served by the Ot Y` Kinds available for its completion. As required by our contract we will only bill for the time necessary to de work. McCool Carlson Green prides itself on providing quality service to our clients. I am proud of the service we have provided the City of I5ensr and truly concerned that you and the Mayor believe we have lot you down. Since your memos and the Mayors cohm its were shared with the Council members I have taken the liberty of copying them with this letter. Sincerely, McCool Capon Grow Michael P. Carlson Architect, AIA/CCS xc: Kenai City Council Members Mayor John Williams Aetth Kornelis ArtSnowden Kit Duke Bill Kluge tic 1791-1991 CITY OF KENA Oafw� 4 4Z"�Ir 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE283.7535 FAX 907-283-3014 MEMORANDUM TO: Charles A. Brown, Cary R. Graves, Keith Kornelis FROM: Thomas J. Manninen, City Manager----t, .' DATE: August 12, 1993 RE: Meeting MONDSY S/16/93 to resolve various project cost issues and concern about 'eeztras" requested by consultants on Courthouse and Congregate Housing projects Please plan to meet with me on Monday, August 16, at 10:00 a.m. to discuss Change Order No. 9 (copy attached). I have withheld payment until we agree on an acceptable request processing procedure and/or any cost implications of change orders on consultant fee arrangements. Let's discuss courthouse project cost history and project EIC (engineering inspection and contingency) cost overruns, change orders and fee arrangements. As a policy matter, if a professional consultant has a "not to exceed" contract, I do not expect the City to pay for "extra services" for construction administration above the previously requested and agreed to "not to exceed" fee without overriding extraordinary justification. We owe no less account- ability to the public trust! Simply put, the engineer, inspector or architect previously had the opportunity to competitively quote or bid several types of fee -for - service arrangements: Namely, 1) hourly rate; 2) percentage of construction cost; 3) time and materials; and 4) "not to exceed" (NTE) fee. A "not to exceed" figure normally allows for "extras" and has a "built-in" fee cushion. McCool, Carlson and Green's August 11 request for a $20,000 "contract administration" increase in their "not to exceed" fee baffles me. Their fee has already been increased to $210,349 from an original "not to exceed" fee of $162,952. Also they have been paid 10% on all added sub -contractor fees (for handling, processing, billing, etc?). I cannot support the $20,000 added fee request. Let's discuss/resolve this issue in Monday's meeting and keep the project completion on schedule. Attachments: Change Order #9 MCG's 8/11 fax 8/10 memo from KK to TM MCG's 8/11 extra services request C:\HP51\Y0RK\NEETING.NEM McCOOL CARLSON GREEN ARCHITECTURE - INTERIOR DESIGN - SPACE PLANNING August 10,1993 ORIGINAL Mr. Keith Kornelis, Director of Public Works FILE City of Kenai COPY 210 Fidalgo Kenai, Alaska 99611 Re: Kenai Courthouse - Extra Services Dear Keith: fin aa In accordance with paragraph 1.2.10 of our contract this is your 20 day notice that all Contract Administration and observation beyond August 28, 1993 will be performed as Additional Services under our contract. August 28,1993 is 30 days beyond the original completion date of July 28, 1993. Assuming the project is completed by late September we request our Construction Administration not -to -exceed fee be increased by $20,000. This should be adequate to cover Substantial and Final Completion inspections and routine Construction Administration for the month of September. If as you have verbalized to Sar and myself you wish to not increase our not -to - exceed amount at this time we will require a contract amendment acknowledging that we are performing additional services and modifying paragraphs 1.2 and 5.2 to allow for payment for these services without prior approval from the City. In the absence of one of these contract remedies we will stop work without further notice when we believe we are in jeopardy of exceeding the limits of our original authorization. A work stoppage of this sort could impede your ability to close out the job and increase the overall costs to the city. Please give us a written notification on how you intend to address this issue within 10 days. Sincerely, McCool Carlson Green A,, / / 4,:: � " / '--� Michael P. Carlson Architect, AIA/CCS MPC/jmw xc: Kit Duke John E. McCool Michael P. Carlson Douglas G. Green 901 West 29th Avenue Anchorage, Alaska 99503 007) 563.8474 FAX (907) 563.4572 1.2.10 Providing Contract Administration and observation of construction after the Construction ^� ^ Contract Time has been exceeded as extended by more than 30 days through no fault of the Architect when 20 days' written notice thereof has been given the Owner by the Architect, providing specifically, however, that the Owner reserves the right to administer the contract after receipt of such notice, and no payment will be made hereunder to Architect for Additional Service for providing Contract Administration prior to delivery of a written order of the Owner to the Architect to continue providing Contract Administration. 1.2.11 Providing services after issuance to the Owner of the Final Certificate for Payment, other than for completion and delivery. of record drawings and conducting a year end inspection as provided in Section 1.1.24 above. 1.2.12 Preparing to save or serving as an expert witness in connection with any public hearing, if requested by the Owner in writing unless such testimony is in behalf or in defense of the Architect. 1.2.13 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 1.2.14 Expense of reproduction of additional contract documents. 1.2.15 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 1.2.16 Expense of computer time when used in connection with Additional services. THE OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding its requirements for the Project. 2.2 The City Manager (or in absence of a City Manager, the Acting City Manager) of the City of Kenai is hereby designated as representative for the Owner authorized to act in its behalf with respect to the Project, and he is hereby authorized, by written notice to the Architect, to appoint, and to rescind the appointment of a deputy to exercise such authority in his place. The Owner's representative, or his deputy, shall examine documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's work. OWNER r y ARCHITECT 10 • > it-r� a •� � u r• a • � • 1 c i 1 .-.��. r •,1 y�c ,h•,•�1 �1. Based on the above the Architect agrees to a not to exceed amount of $Z6.585 f9r Schematic Design. Des C g enc_ Bidd g � CgQSMgdgn Documents. The Architect agrees to perform the services required for these three phases of the project at the attached rate without exceedin8 6,385. At this time oaty the schematic design and design development are approved. ', other phases need wdtien approval from the Owner prior to proceeding. The Architect also agrees to a not to exceed amount of S 162.952 for the „C9=1ction 1A The Architect apneas to perform the services required for the se-bvw 17&1SV phaswof the ptgect at the attached raft without exceeding $162,952. It is understood that the Owner is not required to continue with the Architect for this phase of the project. (Reimbursable will be billed at their exact amounts plus 10% and are included in the not -to - exceed costs listed above.) Written approval by Owner shall be required before any work on subsequent phases is authorized. 5.2 Payments for Additional Services of the Architect as defined in Section 1.2, shall be made monthly upon presentation of the Architect's statement of services rendered and only if the services are approved by the City in writing prior to the services being rendered. 5.3 If the Project is suspended for more than three months or abandoned in whole or in part, the Architect shall be paid his compensation for services performed prior to automatic suspension under 5.1 or prior to receipt of written notice from the Owner of suspension or abandonment. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be subject to renegotiation. ARCHITECT'S RECORDS 6.1 Records of the Architect's Personnel, Consultant, and Reimbursable Expenses and records shall be kept on a generally recognized accounting basis and shall be available (along with Contractor's requests for payments approved or disapproved by Architect) to the Owner or his authorized representative during normal office hours. OI -A" ARCHITECT 13 r� 1.1.23 The Architect shall submit to the Owner without delay copies of all written correspondence received from or sent to the Contractor. 1.1.24 The Architect shall make an inspection, with Owner and Contractor, within one year of completion of Project and will provide a written report of deficiencies found in such inspection which should be corrected in order to bring the Project into compliance with the Contract. If any of the following Additional Services are authorized by the Owner in writing prior to the work being done and after being informed that the services requested would require additional ar+chrtectural fees and an estimate of the amount, they shall be paid for by the Owner as hereinbefore prcmded. 1.2.1 Providing special analyses of the Owner's needs, and programming the requirements of the Project. 1.2.2 Providing financial feasibility or other special studies. 1.2.3 Providing planning surveys, site evaluations, or comparative studies of more than one site. 1.2.4 Providing design services relative to future facilities, systems, and equipment which are not intended to be constructed as part of the Project. 1.2.5 Preparing documents for alternate bids or out -of -sequence services requested by the Owner, unless contemplated in original agreement for services. 1.2.6 Making major revisions in Drawings, Specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of the Architect. 1.2.7 Preparing supporting data and other services in connection with Change Orders that increase the scope of work except when required because of design deficiencies. 1.2.8 Providing consultations concerning replacement of any work damaged by fire during construction, and furnishing professional services of the type set forth in section 1.1 that may be required in connection with the replacement of such Work. 1.2.9 Providing professional services made necessary by the default of the Contractor or by major defects in the Work of the Contractor in the performance of the Construction Contract unless such default of the Contractor is caused by design deficiencies or other Work performed, or which should have been performed, by the Architect. UAM OWNU ARCHITECT 9 TO: Councilmembers FROM: John J. Williams, Mayor City of Kenai DATE: August 26, 1993 RE: AKL/WEIGHTED VOTE Council is aware of the AML weighted vote issue and municipalities versus the bush village problem. You aware Fairbanks, Anchorage, and possibly Mat -Su have of AML because of the one vote, one community issue. the are also pulled out The AML Board of Directors, at its last meeting, voted to approve the attached "One to Eight Vote Spread Based on AML Dues." With this structure, the City of Kenai would move from one vote to three votes. At the same time, a change in the entire dues structure would also take place. Over the five-year phase -in chart, the boroughs would become less and less responsible for the major portion of the dues and the communities would pick up more and more. Kenai's areawide service fee presently is $725. However, it would move to $1,859 the first year and continue to $6,396 at the end of the fifth year. It appears to me, the entire AML organization is headed into deep water with this plan. The plan, as I said, has already been approved by the AML Board of Directors. The issue of one vote, one community must be solved but under the present scheme, it is going to cost a lot of communities a lot more money than I believe they can afford. There is a possibility AML could be in disastrous straights with this plan. RECOMMENDATION: Council discussion and direction to forward to the AML Board of Directors. JW/clf ONE TO EIGHT VOTE SPREAD BASED ON AML DUES The Board has seen this option before as part of the Dues and representation Committee report It is based on an eight -vote spread from the smallest jurisdiction to the largest, which is the greatest spread we found in any state municipal league. The structure treats dues and service fees as being identical. Or* possible structure, based on an eight -vote spread, with dues under $1,000 being the low point and dues over $27,500 being the high point, is illustrated below. The Municipality of Anchorage and the Fairbanks North Star Borough would have equal voting power under this arrangement Dues to AML # Votes # Munis Total # Votes Under $1,000 1 121 121 $1,001 - $2,500 2 25 50 $2,501 - $7,500 3 13' 39 $7,501 - $12,500 4 1 4 $12,501 - $17,500 5 0 0 $17,501 - 6 ' 1 6 • $22,501 - $27.500 7 2 14 Over $27,500 8 2 16 Total 165 250 Please note that this structure assumes that all of the state's 165 municipalities are AML members - actually, only about 120 have been members in the recent past While this structure increases the voting power of the larger municipalities to some degree, the dear majority of votes still rests with the smaller jurisdictions - at least In theory, if all eligible municipalities were members of AML In,prac ice, the balance would be more even between the top fire AML municipalities and the smallest ones. In many cases, the "medium -size" jurisdictions might be the swing votes. April 10, 1990 DUES/REP-M9PW&418 •.ry�114./V� VI 1110 I WIIVI Iy1 VD VbYV VI VIIIpJ VI IV 11 IQ I�VIIyI IVI IWVVIV IIVI I VI rVV1 IIIOJ s a 7' N o M L v pp o M e�Vp N o All l p �l r.rN�t�NM iQ�i��O �vMa�NrD��y.MOI .�p�Np~ .�p N Is N >Y �Qy, •O� N yob �yy� O Epp r` � � N N may i� � p �� � � o N.�p p M � � p N M 10�� �Ny yM1 s�j �ery�M MM ON� J Ntl �p S Y� Q 1� M f��OApp1�M� J N p N M ��ryt��y���y�Vf.0��Oyy �Opp�N r rM PIS N MN�OppNIIff11N o p ��yy Y i r t L L r • N M N 3 �St N rA Mil► r N N� M N M M N �'� � �O pp O OiO���Pn� p p V 1�� pN fV�p CALM ��pq�� ��V p OYN A f►��V p OyO�iGI��On� NMNNO p p p y �� � �►�NMNN N QN�r. NNir�� NMN CNN =< x • f�Qq® ��� ��iR'Y�►���0 N.t MRI MON��Nt11 S w � � r �Mr NM rl NMI NO A A J � � L u N � N •� h � O O it �O �Ny MIS N r .f i+f C INR N y = C r i N r L O d 10 IsN it C ii w« ae tt 8 g u0 N .�. 6016 .� w � • w w8 r C « f NelsonCONS,Wrm Ji & Associates STRUCTURAL 215 FIOALGO, SUITE 204 KENAI. ALASKA 991B11 F- - .--. J -.,, I" August 27, 1993 f AVG 1993 Keith Kornelis cR►ec end Director of Public Works Public Wlbrks, Kenai Dept ai City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 RE: Kenai Water System Study Dear Mr. Kornelis, In response to your request, I am pleased to offer this proposal to provide professional 17 engineering services to the City of Kenai to assist in planning for water system improvements. NEED FOR A WATER SYSTEM STUDY As we discussed, the City has experienced water shortages at various times this past summer. On several occasions I have attached our standard Fee Schedule to be used for this project. the 3 million gallon water storage tank was drawn down significantly in order to meet domestic demand. Since the storage tank is intended to act as a fire reservoir, it should not be drawn down to meet domestic demands, since doing so reduces the City's ability to respond to a fire. As a means to meet domestic demands and still retain sufficient storage, the City shut down the pumps at the tank, thereby reducing the system pressure and conserving water. It has been reported that water pressure dropped below 20 psi in some areas in west Kenai. Alaska Department of Environmental Conservation regulations require public water supplies to maintain at least 20 psi at all points in the system, even during fire flow conditions. 1 With the continued growth of the City, demand for water will continue to increase, thereby making the current system deficiencies more acute. A water system study that addresses such items as how to increase the water supply, recommended improvements to transmission lines, and improvements to the storage and pumping system would provide the City Administration and Council with the information needed for strategic planning of water system improvements. PROPOSED STUDY SCOPE I propose to prepare a computerized model of the City of Kenai water system. We have recently performed a similar study for the Wildwood Correctional Center water system for the Alaska Department of Corrections. The study was used to determine recommended improvements to the Wildwood system. I propose the following study scope and format: I. Prepare Digitized Base Map of the City of Kenai Work with the Kenai Peninsula Borough Data Base to show property lines and streets. H. Create Water System Data Base Piping configuration, connectivity, sizes, materials Hydrant locations/Flow test data from Fire Department Water sources (wells) Water storage and pumping systems City of Kenai water use record (metered, unmetered services) M. System Analysis EWN Average Daily Flow/Quantity Peak Daily Flow/Quantity Fire Flow Pressures At Average Daily Flow At Peak Daily Flow At fire Flow 2 Su� CARad Well capacities Pumping Capacity Storage CaMily Seasonal Fluctuations System Deficiencies IV > Interim Report Meet with City to discuss results of system analysis and potential means of system improvment. V. Improvement Alternatives . A Qn System Increased System Pressure at wellhouses New Transmission Lines New wells East Kenai/Central Kenai/West Kenai S= Estimates Qf Alternate Plans V. Summary Report and Recommendations 117 VI. Presentation Maps System Map System Pressure Map Improvement Alternatives SCHEDULE A tentative schedules is as follows: Contract Award/Negotiation Base Maps Database Input System Analysis/Interim Report City Review Improvement Alternatives Summary Report and Recommendations Presentation Drawings Final submittal We can adjust the schedule as required. 3 September 1-8 September 8-17 September 18-October 15 October 15-November 19 November 19-29 November 29-December 15 December 15-January 15 December 15-January 15 January 17, 1994 PROPOSED FEE I propose to complete the work on a time and expense basis with a limit not to exceed $19,780. I have estimated the study costs as follows: Contract award/Negotiation N/C RM Elam Engineer 8hr x $55/hr= 440 DatabasebZmt Engineer 32hr x $55/hr= 1,760 Autocad Tech 40hr x $45/hr= 1,800 System n i Prof. Engineer 24hr x $90/hr= 2,160 Engineer 40hr x $55/hr= 2,200 Interim Repo Prof -Engineer 4hr x $90/hr= 360 Engineer 16hr x $55/hr= 880 Improvement Alternatives/CostEstimates Prof. Engineer 16hr x $90/hr= 1,440 Engineer 40hr x $55/hr= 2,200 Summary Repo and Recommendations Prof. Engineer 8hr x $90/hr= 720 Engineer 40hr x $55/hr= 2,200 Presentation Drawings Prof. Engineer 8hr x $90/hr= 720 Autocad Tech $40hr x $45/hr= 1.800 Zbtal Services 18,680 Reimbursables(Software upgrade) $995 x 1.1= 1,100 Proposed Not to Exceed Limit $199,780 4 Thank. you for the opportunity to provide these services. As a result of our work with the City of Kenai since our firm opened our offices here in 1982, we have acquired a thorough knowledge of the City's infrastructure and needs and believe that we are well qualified to assist you with this project.I look forward to continuing working with the City of Kenai on this project. Sincerely, Zm.L Nelson, PE gc# 131watersys 5 BICENTENNIAL l/c4;F1"s&t--e40t "a t! CITY OF KENAI IV4i Cap<W 4 44rd�lrl MEMORANDUM 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 TO: Department Heads and Staff ,�(� FROM: Thomas J. Manninen, City Manager DATE: August 27, 1993 RE: City Council work Bossion - August 26, 1993: CITY OF KNI&I 1994-95 CAPITAL IMPROVEUEUT PROJECT LIST The revised City of Kenai Request for State Grants 1994-95 Capital Improvement Projects listing will be the same as the existing listing, with the following changes: 1. Health and Safety: Use existing 193-94 CIP and add Regional Animal Control $400,000; delete $2,700,000 for Thompson Park Water and Sewer Mains as the rationale that we already have the 75% grants and matching monies and the 25% remaining is coming from LID or SAD, special assessment funding. All others remain the same as 193-94 CIP. 2. Economic Development and Tourism: For 1994-95 CIP, use existing 1993-94 Capital Improvement Project listing except, Item (b) Boat Ramp, would be deleted and in place of that would be a Marine/Industrial Park Development for $1,000,000 inserted. Therefore, the net bottom line difference would be 2.3 million dollars less on the bottom which would round out to about $8,330,000. The staff is to prepare a "detailed book" to present to the legislators and the legislative committees on the City of Kenai's 1994-95 CIP Plan. This will be put'on the September 1, 1993 agenda under Mayor's Report, to finalize the CIP list with direction to the administration to prepare the detail book and the listing for the September 15 council meeting. CITY OF KENAI Request for State Grants 1993-94 Capital Improvement Projects a. Thompson Park Water & Sewer Mains $2,700,000 b. Water System Quality Improvements 2,000,000 c. Community Road Development 2,200,000 d. Water Distribution Improvements 730,000 �A ECONOMIC DEVELOPMENT & TOURISM � r a. Ice Rink 11000,000 b. Boat Ramp 11000,000 c. Library Addition 1,000,000 TOTAL REQUEST $10,630,000 9 17 L � % `��d 4e4w" CITY OF KENAI x f 11 210 Fidalgo Avenue BICENTENNIAL Kenai, Alaska 9%11 V r x�sEst= 4Mars MEMORANDUM TELEPHONE 283-7535 FAX 907-283-3014 TO: Department Heads and Staff r ' FROM: Thomas J. Manninen, City Manager DATE: August 27, 1993 RE: Qaoarnor's Matching Grants Prograa - 70% State; 30% Local The Governor's matching grants program referred to in Mayor Williams' August 26 letter was discussed at the city council's goal setting session last evening. Two top priorities were: (1) fire truck, and (2) water quality improvements. The top priority is to apply for a fire truck grant. The amount of money available to the city of Kenai immediately would be $214,671, with local city match at $92,002. This fire truck appropriation would have to be prepared as soon as possible, when the state applications are available, sometime after September 1, 1993. This would be approximately a 40% state grant for purchase of the fire truck. This first priority grant needs only the legislative delegation's approval according the August 26 Mayor's memo to the city council, as the money was appropriated at the end of the legislative session. THE CITY COUNCIL IS DIRECTING THE STAFF TO PREPARE THE GOVERNOR'S MATCHING GRANTS PROGRAK APPLICATION FOR THE CITY'8 FIRE ENGINE AT A PURCHASE PRICE OF $525,000 TO REQUEST $214,671 OF TEAT $5251000 AS A STATE GRANT FOR PURCHASE OF TEE FIRE TRUCK. THE CITY I8 MATCHING IT WITH THE BALANCE OF THE APPROXIMATELY $310,000. The second $214,671 Governor's matching grant for water quality is a grant that will have to receive the entire legislature's approval for water system quality improvements. Under Item No. 3 in the Mayor's August 26 memo, entitled Highway Crossing Water and Sewer, it is a water improvement need for approximately $214,671 of the total cost, with an additional local match of $92,000 totalling $306,673. Finally, with both of these projects, the city of Kenai will fund locally at least 30% of the project. This 30% can be "in- kind/soft" match such as engineering, land, administrative or "hard match" of cash. This information is being distributed to department heads so they can assist in preparing this for the agenda on September 1 and for completion of the documentation for the September iS meeting, and in preparation for the Governor's Application package when it becomes available after September 1, 1993, for sukmittal to the state, based on B 124 AS PDXHIMb tide TSA M TOOONTM OIL JULY, 1993 Attachments cc: Mayor/Council 9/1/93 Agenda TO: Councilmembers A FROM: John J. Williams, Mayor City of Kenai DATE: August 26, 1993 RE: GMANOR I S MATCEIAG GRAIITTS During the Mayor's Conference in Sitka last week, the subject of the Governor's hurry -up grant funds for this season was discussed. As a result of those discussions, I contacted Mr. Jack Fargnoli, from the Office of Management and Budget (OMB). Fargnoli is responsible for writing all of the rules and regulations regarding these grants. You may recall, during the last session the Legislature made available to the Governor approximately $20 million to be used for matching grants on a weighted basis to communities throughout the state. The directive was the money should be made available for use as soon as possible. In addition, it is anticipated the same amount of money will be available in the FY95 budget if the Legislature decides to fund the program again. The amount of money available to the City of Kenai immediately is $214,671. Our match, in order to receive that amount, well be $92,002. The grant applications are to be mailed by the end of next week. They must be completed and returned immediately to OMB. In addition, grant applications for a like amount must be returned to the Office of the Governor and OMB no later than October 1, 1993. The question now becomes, What type of a project should we apply for to utilitse this money? The first grant (due right away), needs only have approval of our legislative delegation. (They don't have oversight of the money since it was appropriated at the end of the session.) The second grant will go before the scrutiny of the entire Legislature during the next session. Another question is, Should we get a project ready for submittal or should we look at the fire engine situation and request the $214,671 against the purchase price of our fire engine at $525,000? oc Our chances of receiving the grant money for the fire truck are probably much better if we use this grant than they would be to put it in the capital grants for next year. The reason for this is the Legislature is reluctant to fund grant monies for items which have already been authorized for purchase. If we take the opportunity to request the $214,671 for the purchase of the fire truck and we match it with the additional $309,000, the possibilities are pretty good that we will get the money. We could then go ahead and plan project money in the amount of $214,671 with our $92,000 match for next year. The other suggestion is we continue in the same direction we are going, i.e. fund the purchase of the fire truck with the $525,000 we have already authorized. We could then take the immediately available grant money and rush it into another project such as the ballpark and restroom development, Heritage Park/Old Town development, or paving development. We could then continue with the grant application due October 1 and use it for some other grant next year. The political.mess`.is the Governor's grant funding only amounts to $20 million this -year -and probably will not amount to any more than that next year. However, the Governor will try to get an additional $60 million in there. The Legislature strongly resisted funding the full $80 million the Governor wanted last year because the Legislature wants to retain their right to use $60 million as discretionary monies. During the next session there will undoubtedly be two grant paths to follow. One, the Governor's matching grant program weighted for the communities such as ours in which we would have to fund a matching amount (in our case approximately 30%). Secondly, the traditional path, i.e. capital Improvement List where our legislators use their discretionary monies for allocation in their senate districts. Keep in mind, once again, the Governor's Matching Grant Program will require us to put up $92,000 while generally speaking, the legislative grants have been 100% and we have put up'nothing. Either way, it is a long shot because I believe during the next legislative session we are going to see a severe shortage of capital money. This shortage will be due to the lower price of oil, lower oil production, and the fact that the State already faces a $94 million deficit that must be made up with a supplemental appropriation as soon as the Legislature meets. That $94 million deficit, could, by that time, expand to $150 million and to as much as $200 million by the end of the fiscal year. If, in fact, there it a shortage of $200 million by the -2- end of the fiscal year, and possibly a $400 million fiscal gap in the FY95 budget, there is a possibility there will not be any grant money available at all. I realize this is a lot of material to digest, but we must make these decisions as soon as possible since the grant applications will be in the mail within the week. clf 7 7 -3- L DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS AND OUTDOOR RECREATION August 25, 1993 Re: Historic Preservation Fund Grant Program John R. Williams, Mayor City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Mr. Williams: WALTER 3601 C STREET, SUITE 1200 ANCHORAGE, ALASKA 995M PHONE: (9M 762.26M MAILING ADDRESS: P.O. BOX 107001 ANCHORAGE, ALASKA 99510-7001 24 AUG 1993ru �w co e e�Zl I10V6gL Each year the State Historic Preservation Office (SHPO) receives a matching grant from the U.S. Department of the Interior's Historic Preservation Fund to assist in carrying out the federal preservation program in Alaska. For FY 1994 I anticipate receiving approximately $350,000. These funds are used for the SHPO's staff and operating costs, planning for preservation of historic properties, survey and inventory of sites and buildings, nomination of properties to the National Register of Historic Places, rehabilitation of historic buildings, and heritage education projects. At least 10 percent of the money must be reserved for grants to Alaska Certified Local Governments (CLG). I am interested in your suggestions about activities in these areas that would benefit your agency and community. I would also like to request your input in developing the priorities for the FY'95 Certified Local Government (CLG) grants. Please send your comments and ideas to the address listed above by September 15, 1993. If you would like to discuss any aspect of the historic preservation program, feel free to call me at 762-2622. Sincerely, L4 udith E. Bittner State Historic Preservation Officer JEB/rch cc: Art Graveley, Planning and Zoning Commission (� r lA r Lo U) 2 O � O cellY �CYY�5�5Z� Y 2 CD QM¢ av N N N Ncm cm N r' mm Nr-�w�� o IT[�r•-3LOLO T— rV-T— V— m mm Y V (A Uf fn C C O N C'a N 'v COL 199md.cL tea. ¢ Cl) CD m N c� Cp 4 m •� J v �EE,,, -G ad c 0 0 0 $_�_-,-�o t ���oow-- ccwwyzz� E-- ===Ja�=�a.IT' fA to N !� N 69 N" .r= (� M 6f� N Q � r I- I� % 1A r O) r T 'Cr E? T `V T if if3 3 to y9� to O Vi 69 69 69 40 69 6N 69 � 69 � C*jm V LOU)w 0 rf�w J 0—CMMI •OOoNO �ftp J ' *-TNNN rTTT- TTNNNNN c O O m m E— O CD Cl) O TO: Mayor and Councilmembers City of Kenai FROM: Carol L. Freas, City Clerk City of Kenai DATE: September 1, 143 RE: OCTOBER 5, 1993 MUNICIPAL/BOROUGH ELECTION POLL WORKERS KMC 6.05.040, entitled "Precinct Board," states the following: There shall be election boards for the precincts in the City composed of three (3) judges appointed by the City Council. The judges shall be qualified voters of the City. The City Council may designate one of the judges Chairman of the Board and the chairman shall be primarily responsible for the administration of the election in the precinct... I have listed persons who have stated they will work as election judges at the October 5, 1993 municipal/borough election. A chairperson has been designated for each precinct. Workers for Precincts 2, 3, and 4 were chosen by the Borough Clerk. (The Borough requires four workers for each precinct.) Workers for Precinct No. 1 were confirmed by me. As you read above, our code requires only three workers for each precinct. Ruth Malston, Chairperson Mary Quesnel Geraldine Sparks KENAI PRECINCT NO. 2 Susan Smalley, Chairperson Dorothy Howell Mary Anne Bears Betty Osborn 3 KENAI PRECINCT NO. 4 Judy Buffington, Chairperson J.V. Phillips, Chairperson Delores Timlin Carol Segura Jada Hylton Kathy Beck Loretta Lunn Kathy Knight If Council approves the above -listed election workers, please confirm by notion. clf z-� TO: All Concerned FROM: Carol L. Freas, City Clerk City of Kenai DATE: August 13, 1993 RE: PACIMT DAYS - UPC IHG HOLIDAYS MARK YOUR CALENDARS H M Changes in packet days in November and December are as follows: 17 1. Wednesday, November 24, 1993 is packet day for the December 1, 1993 Council Meeting. 2. Thursday, December 30, 1993 is packet day for the January 5, 1994 Council Meeting. clf S� TO: Mayor and Councilmembers FROM: Carol L. Freas, City Clerk City of Kenai DATE: August 26, 1993 RE: WORK SESSIOA/SALKS TAX POLICY During the June 16, 1993, Councilwoman Monfor requested a work session be set in September to discuss and determine a sales tax policy, i.e. current versus delinquent (see attached minutes). Does Council wish to not a Mork session to discuss this policy determination? If so, what date do you wish to set the work session? clf AleJ/ 3 KENAI CITY COUNCIL MEETING MINUTES JUNE 16, 1993 PAGE 31 ITEM 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 Esceedinq $1,000 MOTION: 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 SECONDED 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: INFORNKTION ITM Kenai City Council fleeting of eeptenber 1, 1993 1. 8/18/93 Kenai City Council Meeting "To Do" List. 2. 8/93 Resource Development Council, Inc. Resource Review. 3. 8/19/93 Kenai Chamber of Commerce letter thanking the City of Kenai for its donation to the ALPAR program. 4. KK 8/20/93 letter to George Church regarding Kenai Spur Highway. 5. 8/24/93 JJW letter to Harry Noah, Commissioner, Department of Natural Resources regarding Oil & Gas Lease Sale 78. 6. Pay Estimate No. 2, Kenai Municipal Airport Taxiway A-3 Reconstruction - Doyle Construction - $78,901.74. 7. Pay Estimate No. 16, Kenai State Court House - G&S Construction - $566,217.98. 8. 8/26/93 KK memorandum regarding Computer Plotter. 9. 8/6/93 J.D. Horn, DOT regarding the urban section of the Kenai Spur Highway Reconstruction. 10. 9/93 Greater Kenai Chamber of Commerce, Chamber Chatter. 11. 8/25/93 RB memorandum regarding City of Soldotna Ordinance No. 573. TO DO LIST Kenai City Council Meeting August 18, 1993 BF - Use new ribbon on Library printer for printing reports to Council. HS - Inform KO of students interested in being student representative on Parks & Recreation Commission. JA - Send comment letter regarding oil and gas lease sale in Lower Cook Inlet prior to August 24. CLF/PP - Notify necessary persons - Christmas part set for 12/11/93 at the Senior Center. IKKC - Investigate cost of printer for CAD system. CLF - Do proclamation and resolution regarding Peninsula Oilers. 17 wetlands policy before White House talc fo::Ir1,%,qIU Federal policy should recognize Alaska's special needs, conservation record The Alaska Wetlands Coalition (AWC) elevated Alaska's concerns on wetlands policy before a key White House working group developing wet- lands policy for the Clinton administra- tion. With the urging of Senator Ted Stevens, President Bill Clinton's Inter- agency Working Group on Federal Wetlands Policy heard from Becky Gay, Coordinator of the Alaska Wetlands Coalition, along with two other panel- ists; Nelson Angapak, land manager for the Alaska Federation of Natives and John Sandor, Commissioner of the Alaska Department of Environmental Conservation. The White House task force held three meetings in early July to discuss (Continued to page 4) WNetiand Comparison Contiguous U.S. Alaska Accof0bg to U.S. Fish and VKWf9 Senete estimates, Alaska 4digin* had approximately f 70.2 million acres of weOnds. Only about 200, 000 acres (0. t %) of these wet/ends have been used for aN types of devakrpment, including com mur+da and inkFa sin cture. In the contiguous 48 staf devokpment has taken a toll on wttftn#;'about 53% of which have been affected The ownw* annual wetiand reduction of 074000 acres in the contiguous 48 states is more than the total estimafed acreage of a# wodanoll waled in Alaska. 0 . 10-ft . I A___A0WiqWcLdd bestwxx*Vtler- almn�oJlilpka's W>Nt�ue:arlarm- Apd excellent conserva- tioce recaord. . The AWC vmfw rued,, there- fore,. to work on chawnglWeral b" c ommu- nity }fie and balance to the debeWaW.he1I guide the l� �i�6ere ilrx� na- nies andsmdlbuaieesses. The AWC pledpps to work mft In :.ICk* n. adminlsInI6lon and Congreas for the develop - Native leader wants exemption from Wict watlands regulations Editor's IWWA 0*1& AIM rs exoBrRted from t"CiLvinnu given fo #i wVency Worferng Croup on Federal YM' ►t flouly t 1903Jrr:W�hiragtDn, D.C. by Neia"+�Y A�ferrnber of Cte Crrian and larva! tl a�er'Ifar� lrst �ederatituy of 11ta1 e, hoc. Underthe Alaska Native Claims Settlement Act (ANCSA) of 1971, Native Alaskans were given the right to select certain lands in return for relint ishing,oer native, aboriginal rightsto all the land in Alaska. Because so much of Alaska's land mass qualifies as weff hds, the current Section 404 program can virtually Witty these rights. In 1989, a Memorandum of Agreement addressing the concept of "no net loss" formula of wetlands was signed between the United States Army Corps of Engineers and the Environmental Protection Agency. With a stroke of a pen, these two agencles succeeded'in taking the economic value of our ANCSA lands away from us. I have had the' privilege of accompanying a number of Congressional staff members to Western Alaska over the years. These staffers came to the Calista Region under the sponsorship of the Alaska Wetlands Coalition (AWC). AWC, however, never did anything to influence the villagers at Kwethluk or Bethel of their wetlands views. In other words, villagers stated their views and concerns about wetlands. The villagers were concerned that Section 404 (of the Clean Water Act) policies would be detrimental to the villages. What these Congressional staffers saw shocked them to the realities of lands in Souttrwest Alaska. They saw that the whole Calista Region could be considered wetlands if the Corps and EPA have their way. Collectively, the ANCSA village corporations located within Calista Region have se- lected nearly 7 mflHon acres of land. In the Calista Region, there are approximately 30,000 Yupik Alaska Natives. The demands and constraints ofthe Section 404 program impose a heavy burden on the ab dity of the Yupik people to use their lands. If the program is not reformed to recognize the special conditions in Alaska, then what little economic opportunities that exist in the Calista Region today will be lost. People in the United States, and in particular, urban settings, become upset if unemployment figures go above 8%., At the present time, in the Calista Region, by Western standatds, we have something We 80% unemployment. And there will be no relief if economic development opportunities are stymied by the land use limitations of the Section 404 program. We cannot survive and provide our people even a mini- mum standard of living on only half of our land entitlement. Many of our people lack running water and indoor plumbing, because construction of a water system crosses permafrost which qualifies for sanctuaryunder the,Section 404 program. In return, we are given the privilege of preserving for the other 49 states thousands of acres of "wetlands" which do not significantly contribute to the ecosystem. We have a solution on the issue of wetlands for the Clinton Administration to seriously consider. It is a very simple,. but logical solution. The lands that were selected by the Native Corporations throughout Alaska should be effec- tively exempted from strict wetlands regulations. If this solution is followed, economic conditions in the Region and Alaska are likely to improve. In conclusion, the current Section 404 program works undue hardship on Native Alaskans and is unrealistic in the context of Alaska. The current program does not recognize that over 170 million acres of Alaska qualify as wetlands, most of which can be characterized as low -value. Staunch protection of such a vast amount of wetlands, which do' not serve traditional functions of wetlands, is mis- placed. This protection, without realistic balancing of the conse0onces and values, is denying Native Alaskans the basic „�ndard of living taken f0roranted by Other citizens of the United States. Native Alaskans showld not be denied either their birthright orthie(r sights as citizens simply because they livid In a unique, yet hareh, area of the country. Page 2 / RESOURCE REVIEW / August 1993 Resource Development Council for Alaska, Inc, "U41HURSDAY Petroleum Club of Anchorage 4101 Credit Union Drive (South side of Sea Galley Restaurant) September 1993 ........................;;;-*..... Reservations are required for each meeting. Please call 0700by noon Wednesday. Doors open at 7 a.m., presentations begin at 7:30 a.m. Members: Breakfast: $10.50, Coffee & Pastry: $5.50 Non -Members: Breakfast: $12.00, Coffee & Pastry: $6.00 Sept. s : Arctic Environment Protection Strategies Mead Treadwell, Deputy Commissioner, AK Dept. Environmental Conservation Sept. 1 6: Alaska Resource Issues Commissioner Harry Noah, Alaska Dept. of Natural Resources (This meeting is an open discussion with the Commissioner. Please come prepared to share your concerns and suggestions.) Sept. 23: Water Quality Standards: A New Review Mike Menge, Director, Division of Environmental Quality, Alaska Department of Environmental Conservation Sept. 30: Alaska's Five -Year Timber Sale Plans Thomas Boutin, State Forester, Alaska Dept. of Natural Resources Oct. 7: Advancing Resource Education in the Schools Jeff Burton, Adjunct Professor, University of Alaska Anchorage Oct. 14: Presentation by Senator Drue Pearce, details in October notice k Thoughts from the President by James L. Cloud Secretary Babbitt is coming to town The National Park Service is coordinating a three-week visit to Alaska by the Secretary of the Interior this August. As landlord and natural resource czar for over 220 million acres of federal lands in Alaska, which comprises 60 percent of Alaska's land mass, it is appropriate the Secretary takes an inventory and sees for himself that Alaskans are not poised to plow, pollute, cut and bulldoze federal property under his charge. In fact, he should return to Washington relieved that Alaskan miners, trappers, loggers and fishermen have treated his charge so well over the better part of this century. Based on the recent increase in misinformation in the press, the Secretary must be planning another push for his plans to levy gross royalties and a reclamation tax on mining interests and other resource users on federal lands. The so- called Mineral Policy Center recently held several press conferences which were followed by statements strategically made from the Secretary promoting increased royalties and reclamation taxes. Bruce Babbitt's plans seem oblivious to the likelihood that increasing gross royalties will reduce income tax revenues to the federal government in a magni- tude that Is several times greater than the anticipated take from royalties on the few projects that could withstand new economic penalties. Wealth must be first created before it can be taxed. This attack on the Mining Law is but another example of a significant contradiction to President Clinton's stated goals for the economy. Along the lines of misinformation on the mining law, unconfirmed sources say that some of the Secretary's staff have orderidd local federal land authorities in eleven states, including Alaska, to forward "examplesof notorious, visually dramatic, unreclaimed (abandoned) mines on the public lands for future press availabilities." Apparently, the Secre- tary or his staff plan to visit and film these properties to use in press releases and lobbying of Congress. With literally hundreds of examples of good stewardship by Alaskans of federal lands and resources, certainly the Secretary would not stoop to "witch hunt" tactics in an effort to mislead Congress and the American public about resource development on federal lands in Alaska. Nevertheless, if the deception is attempted, the. Secretary will surely be disap- pointed with the results of Alaska film footage. It is very hard to tell the difference between an abandoned placer mine, a braided streambed, a gravel pit and a.glacier moraine. Wlth the President and Vice President of the United States moth agreeing that American industry should focus on developing new technology to reduce pollution from energy plants and other sources, surely the Secretary will visit the Healy Clears Coal Protect. This project has gained the support of the Department of Energy and the State of Alaska through its newly -developed technology that will reduce emissions from coal burning electricity -generating power plants. With over half of the nation's power needs supplied by coal -burning plants, cleaner technology will have great ben- efits to Americans. This sort of technology is exactly what Vice President Gore and President Clirrton campaigned on last year. With the Healy project, we can have ll: both ways — new technology to reduce pollution, developed in America and located outside of one of the nation's largest national parks. When successfully operating, the new Healy plant will serve as a model for dean burning power plants all over the world. The U.S. companies responsible for its development will be able to export and license this cleaner technology all over the globe. Notwithstanding all of the benefits, the Na- tional Park Service has protestedagainst this project with a NIMBY attitude. But given the stated position of the Clinton administration on developing new cleaner technology to meet our industrial needs, how could the Secretary be against this project? Welcome to Alaska, Mr. Secretary. We hope you leave with a better understanding of the people that live here and the importance of the natural resources under your charge to Alaskans and all Americans. Congressional tour directed at wetlands To promote a better understanding of Alaska's unique circumstances regarding wetlands development and regu- lation, the Alaska Wetlands Coalition (AWC) will host a Congressional and administrative staff tour of Alaska in mid -August. Directed at key congressional staff involved in the Clean Water Act and wetlands legislation, the tour will include wetlands in Juneau, Sitka, Anchorage, Bethel, Kwethluk, Prudhoe Bay, Nome and other Bush communi- ties. Congressional staff and administrative officials will meet with localcommunity officials, as well as state environ- mental and private sector representatives' during the local tours. AWC has hosted a number of trips over the past several years to facilitate discussion and understanding of the wetlands issue as it relates to Alaska, its industries and local communities. August 1993 / RESOURCE REVIEW / Page 3 R •• Anra�d � dafa�jiaek�t�• tior� �IMerrds aao ;a�;ta;nrrrova and:rarlrao�i:i�e�erwliii'ir pIlplalted, low hal�Niltwakra weycrdeh • p r"10400-0-0 for I, 11 dnthrbasisofiil c value and abb6dance. . EWtirlls the ooao�f, of rigid segdiai�ri��Mlaodii�dintira �Pa Of Ee arrsf -PA ra�rdum at I pitt(IlihM�- so it td'en- sure /Maecky in the cciteidsratd)n of proposale.. . • a Bader focus on and c onsidaralilion of pubk kiereats in the psrti� proceed. • :&Axxe rnctdeaetsWaller �rr�con- Of ollher fac om such as the gaaarrtiafa+r cif ltia siur>oe"s cannot1wUmd 4,iiaad ao4"".; Ww" 1Yor 96 federal g6voirmceriL • Retorntll Advartasd ftn as t r " a w " �d era a, dki `I`ppwAliif; � � • Strea�lltla the terra}= I Ila nodols and comrn®rrG I I Virtually every facet,of resource developrmnt affected by wetlands (Continued from page 1) regulatory and non -regulatory issues as they develop the Clinton administration's position on wetlands policy. The task force heard first from environmental advocates and later from the AWC and Commissioner Sandor. The task force consists of a host of federal agencies that deal with wet- lands protection. The Alaskans focused on their state's unique circumstances and excellent conservation record. Gay told the group that over 70 percent of the useable land in Alaska is considered wetlands and that any new policy should be flexible enough to rec- ognize Alaska's special needs. She dis- cussed some of the tremendous hurdles local communities face in trying to build basic infrastructure. .With the broad definition given for wetlands, it is clear in Alaska that any development, including schools, roads, hospitals, homes and resources, no matter how conscientious, naturally re- quires the use of wetlands," Gay said. "The question remains, how can we avoid wetlands when dry uplands are scarce in Alaska?" Because of the high abundance of wetlandsin Alaska, virtually all land use activity, including that of cities, villages and boroughs, are affected by wet- lands regulations and policies, Gay noted. Current regulations and policies already have a stifling effect on many local economies and communities. She warned that application of a "no net loss" formula wound bring nearly all de- velopment to a screeching halt. With so much of Alaska's non -moun- tainous areas considered wetlands, mu- nicipalifies .often have no alternative to wetlands for development. And because so much of the state is undeveloped, restoration of degraded or damaged wet- lands is not much of an option, nor is the creation of new wetlands. Approximately 170 million acres in Alaska are classified as wetlands. Mil- lions of these acres are preserved in national parks and wildlife refuges which were created orexpanded bythe Alaska National Interest Lands Conservation Act of 1980. Unlike the Lower 48 states, many of which face significant losses of wetlands, over 99 percent of Alaska's "With the broad definition given forwetlands, it is clear in Alaska that any develop- ment, including schools, roads, hospitals, homes and resources, no matter how conscientious, naturally re- quires the use of wetlands. The question remains: How can we avoid wetlands when dry uplands are scarce in Alaska?" -Becky Gay wetlands remain untouched and intact. The overwhelming proportion of Alaska lands provide little in the way of high value wetland functions. Many of Alaska's wetlands are per- mafrost and• muskeg areas. Even so, available waterfowl habitat far exceeds "demand" in Alaska where no species is habitat -limited. "Most of Alaska's wetlands are iso- lated and remote from river, streams, major lakes and estuaries," Gay said. "Many of -the millions of acres of wet tundra which cover Alaska's North Slope are wet precisely because they are too far removed from waterways and have no way to drain and because the under- lying permafrost prevents water from filtering down." Page 4 / RESOURCE REVIEW / August 1993 . o Fa°7--n cq Gay warned that an inflexible wet- lands policy would not only threaten expansion of basic services and infra- structure in Alaska communities, but stand as a tremendous obstacle to de- velopment of the state's energy re- sources, which are a large and vital element of its economy. "So much of what Alaska contrib- utes to the nation comes from our ability to make use of our natural resources, most notably oil," Gay said. "Unfortu- nately, so much of our oil, natural gas and coal deposits are on the North Slope where literally everything you see qualifies as wetlands." Gay told the White House panel that virtually every facet of resource develop- ment is affected by wetlands regulation, from exploration and development activi- ties to pipeline construction. "In any number of ways the Section 404 (Clean Water Act) program can effectively lock up our energy resources nth potentially -devastating impacts," _,ay said. Gay said the Section 404 wetlands regulatory program needs to be re- formed with provisions for Alaska's unique circumstances. She noted that the EPA took a significant step in that direction last year with the proposed "one percent rule." "A wetlands policy without flexibility would break the statehood compact and the spirit of the Alaska Native Claims Settlement Act. We must have the opportunity to develop por- tions of our land to secure our economic future." -SenatorTed Stevens The one percent rule would have released any state from a strict mitiga- tion sequencing policy if less than one percent of its wetlands had been devel- oped. The Bush administration okayed the proposed rule, but it has not be finalized by the Clinton administration. The AWC urged the White House task force and the EPA to reconsider promulgation of the one percent rule. Gay said the rule would go a long way toward relieving the disparate impact felt by Alaskans under the Section 404 program. More generally, Gay said the AWC suppo6,legislation to reform the program along the lines of H.R. 1330, sponsored by Congressman Don Young. Young's legislation recognizes that all wetlands are not of equal value and should not be treated the same. "This legislation recognizes that any wetlands program must respect the rights of private property owners,"Young told the task force. "Since a large major- ity of the wetlands in the United States are privately owned, or have significant private property rights associated with them, it is important to recognize that if we protect a valuable wetland because the national interest is furthered, the nation (Continued to page 7) August 1993 / RESOURCE REVIEW / Page 5 Oil good for local economies ARCO officials address local benefits "Today the tax on a $100, 000 Kodiak home is $750. Without state rev- enue from oil production, the tax would be more than $2,500." — John Roots -Oil development could mean a significant increase in local government revenue. On the Kenai Peninsula our industry accounts for 40 percent of the borough tax base." — Jim Davis New oil development in Cook Inlet and the Shelikof Strait is good news for the Southcentral Alaska economy, in- cluding fishing communities like Kodiak, representatives of ARCO Alaska told business groups in Kenai and Kodiak earlier this summer. RDC board memberJim Davis, who is the Senior Vice President at ARCO, joined ARCO Vice PresidentJohn Roots in addressing the benefits of oil devel� opment to the state and its local com- munities to Chamber of Commerce meetings in Kenai and Kodiak. "Oil development could mean asig- nificant increase in local government revenue," said Davis. "On the Kenai Peninsula our industry accounts for 40 percent of the borough tax base." Addressing the compatibility of fish- ing and oil development, Roots noted that the oil industry has operated for decades in the North Sea in similar water and weather conditions, in har- mony with a major fishing industry. In general, Roots said the oil indus- try has been good for Alaska. Oil royal- ties and taxes account for 88 percent of all unrestricted state revenues, he noted. "The Permanent Fund ($13.7 billion) was built with oil revenues." "Today the tax on a $100,000 Kodiak home is $750," Roots said. "With- out state revenue from oil production, the tax would be more than $2,500." Production from the North Slope is declining, however, and by the year 2000, it will be about half of what it is today. Offshore development would improve the outlook for total produc- tion, Roots id. Knowing that such development is a sensitive issue before fishermen, Roots defended it, empha- sizing that the industry has operated in the North Sea, the Gulf of Mexico, Cook Inlet and elsewhere around the world for decades. Davis made it clear that Alaska is a top ARCO priority for oil exploration, pointing out that the company expects to spend over $235 million this year on exploration within the state while par- ticipating in 14 exploratory wells. ARCO will spend close to a billion dollars in Alaska, exploration over the next five years, he said. "We hope to build on our recent successes on the North Slope and in With oil production from the North Slope declining, offshore oil development would improve the outlook for total production. Recognizing that offshore development is a sensitive issue in fishing communities, ARCO officials emphasized that the industry has operated in the North Sea, Cook Inlet and other areas for decades. Cook Inlet," Davis said. "And we hope to make additional new discoveries." ARCO's Sunfish discovery in up- per Cook Inlet west of Anchorage could produce 100,000 barrels a day. The potential 750 million barrel field is the largest discovered in Cook Inlet. The field could mean five additional plat- forms for Cook Inlet and 150 new wells. The project will provide employment for about 800 people for a number of years. Operations and maintenance will re- quire about 120 people. ARCO and its partner, Phillips Pe- troleum, are prepared to spend about $2.5 billion developing the field, which has been defined by using new and old seismic data. Another recent ARCO discovery, Kuvlum, located off the Arctic coastline northeast of Prudhoe Bay, may hold anywhere between 1 to 6 billion barrels of recoverable oil. The high estimate would make it second only to Prudhoe Bay in size. The remoteness of the field, however, presents a number of hurdles for the company to overcome. Page 6 / RESOURCE REVIEW / August 1993 The price of doing nothing (­1 - Bark beetle ciearcutting forests, $1.6 billion in direct product loss As the spruce bark beetle contin- ues its march across Southcentral Alaska, devouring millions of acres of public and private forests, the price of doing nothing to combat the infestation or at least capture the economic value of dying trees is alarming. With environmentalists, the forest products industry, federal, state and local governments and private land- owners locked in disagreement on how to respond to the ravages of the beetle, little has been done to check the as- sault on Southcentral and Interior for- ests or to harvest infested trees. Few people recognizethe extent ofthe beetle epidemic and the magnitude of the as- sociated economic losses. In the last three ,years alone, over 1.2 million acres of trees have been infested and 5.5 billion board feet of tuber destroyed, according to Terry _,rady, owner of Alaska Husky Wood. This equates to $1.6 billion in direct product loss in three years and $2.4 billion in lost opportunity cost to the Alaska economy, assuming an eco- nomic multiplier of 1.5. "The value of the already dead tim- ber surpasses that of salmon landings for the same period and is many times over the Alaska Permanent Fund divi- dends paid to state residents," said Brady. The Permanent Fund analogy is important, Brady pointed out, when one realizes that those dividends are paid from "interest" earned by liquidat- ing state nonrenewable resources, while the timber lost is value lost from the "principal" of a renewable resource, a value that can be returned over and over again. Preliminary estimates are that the beetle will damage more than 1.2 mil- lion acres this season, bringing the total to approximately 2.5 million acres of infested forest since 1090. The beetle is consuming timber on federal, state, municipal and private lands that, in the opinion of forest engineers, are acces- sible for timber harvesting and other forest management activities. Freeman joins RDC staff Former Service High School gradu- ate Ken Freeman has been appointed Projects Coordinator, of the Resource Development Council. Freeman attended Oregon State University where he graduated with a bachelor of science degree in speech communication. He recently earned a masters degree in public administra- tion from Portland State. As Projects Coordinator, Freeman will oversee the coordination of special projects and assist staff in special events planning and issues work. A third generation Alaskan who was Irlm and raised in Anchorage, Free - an said, "having spent the last five years attending school in the Lower 48, 1 have developed a profound apprecia- tion for Alassa's unique potential. I feel fortunate to be able to return to my RDC projects coordinator Ken Freeman home and be part of an organization which will have a positive impact on Alaska's promising future." Freeman worked the previous two summers and Christmas break as an intern at RDC and provided assistance on Alaska Wetlands Coalition events. The bank be&* consumed over 1.9 million acres between 1920 and 1989, but in the last four years, it has ravaged some 2.5 million acres. "Alaskans deserve healthy forests that contrbM jabs, recreation oppor- tunitles, fish AW roidtife habitat and clean winter," Bh1* sand. *Most of these forest bermfits will Nye lost for several generations if prosenrttrend contin- ues." Thequarter-inch bark beetle is now stilling treeeaata ratteso specteioular that in less than 10 years more wood is being lost tottDthe bootie is being harvested frt 51)-tom ilt the Tongass NationalForest to serve the two long- term timber sale contracts for the pulp mills In Sitka and Ketchikan. "There is an unprecedented and growing emergency within the forests," warned Brady. 'This emergency must be recognized,. declared and acted on with haste, no less than if the forests were already burning." Wetlands... (Continued from page 5) must be prepared to compensate the owner for the taking of private property interests." Speaking before the same task force, Senator Ted Stevens warned that "a wetlands policy without flexibility would break the statehood compact and the spirit of the Alaska Native Claims Settlement Act. We must have the op- portunity to develop portions of our land to secure our economic future." August 1993 / RESOURCE REVIEW / Page 7 Our sftb of No art Road and Pad Construction Excavation and Blasting Services Slope Protection HDPE, Lining Systems Dam and Isla) Constriction Resource Development Council 121 W. Fireweed, Suite 250 Anchorage, AK 99503 ADDRESS CORRECTION REQUESTED d:1 I rA i al has the most versatile fleet of equipment available in Alaska today. we have the experienced personnel to tnplete your project on tirne and within budget. Concrete and Slurry Products Its Road Construction '�sintenance YOW-Round Thermal Remediation ALASKA INTERSTATE: CONSTRUCTION, INC. P.O. Box 233769 r Anchorage, Alaska 99523-3769 (907) 562-2792 - FAX 562-4179 Ms. Carol Freas Clerk City of Kenai 210 Fidalgo Avenue Kenai AK 99611 Bulk Bate f U.S. Postage PAID Anchorage, AK Permit No. 377 .0 r�' August 19, 1993 Tom Mannmen City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Tom: Kenai Chamber of Commerce 402 Overland Kenai, Alaska 99611 (907) 283-7989 (907) 283-7183 (Fax) On behalf of the Kenai Chamber of Commerce Board of Directors, Members & the entire Central Peninsula, we wish to take this opportunity to thank the City of Kenai for their generous donation ,^ to the ALPAR program. The cleanup crew picked up 866 bags of trash as well as other items too large to bag. They worked well as a team and were a pleasure to be associated with. They began working on June 14th and completed their effort on August 13th. Without continued support such as yours, this program would not be possible. Again, thank you for your continued support of the Kenai Chamber of Commerce and the programs it sponsors. Best regards, Tom Wagoner, President Kenai Chamber of Commerce Board of Directors BICENTENNIAL uld a a�FrtGcf�a, 'a August 20, 1993 George Church D.O.T. & P.F. 44109 Sterling Hwy. Suite D Soldotna, AK 99669 SUBJECT: XZMAX SPUR HIGEMY CITY OF KENAI -�4 , � 4&ma, 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 The Council of the City of Kenai is very concerned about the traffic pattern and heavy congestion on the Kenai Spur Highway from Bridge Access Road to Airport Way. There are a tremendous number of businesses on this stretch including the new K-Mart and Carrs. The driveway entrances to the many businesses cause vehicles to be turning and passing in all directions. I have spoken to John Burkholder about this dangerous situation and he has assured me it will be taken care of by the Kenai Urban Reconstruction. Unfortunately that project won't be completed until 1995. Is there anything you can do in the meantime to help the situation? People are driving along the side of the Spur creating dirt pathways parallel to the highway. This is evident with the new path between Carrs and Dairy Queen. Is there anything you can do to stop that? Your cooperation in this matter will be greatly appreciated. Sincerely, Keith Kornelis Public Works Director 7, cc: Council Info. 9/1/93; 1791-1991 ' CITY OF KENAI "O,cl G'dpdal 4 4iaj-.4a„ 210 FIDALQO KENAI, ALASKA emi TELEPHONE 283 - MIS FAX 907-283-3014 August 24, 1993 Harry Noah, Commissioner Alaska Department of Natural Resources 400 Willoughby Avenue Juneau, AK 99801-1724 RE: OIL & GAS LEASE SALE 78 At their regular meeting of August 18, 1993, the Kenai City Council discussed the upcoming Oil & Gas Lease Sale 78. The Council requested a letter be sent stating their support of oil and gas development and particularly, in the Lower Cook Inlet. Further information to Council was there were approximately 40 persons who testified at the public hearing and requested the deletion of tracts from the sale which are situated in the Homer area (indicated on the attached map and list). The Kenai City Council supports the oil and gas sale which will provide for exploration of high potential oil and gas prospects, but at the same time, hopes the State will minimize the impact on private land owners and citizens of the Peninsula. CITY OF KENAI J.c/,'Vi l l iams JJW/clf cc: Kenai City council Governor Walter J. Hickel James Eason, Director, Oil & Gas Division Senators Salo and Little Representatives Navarre, Phillips and Davis KENAI PENINSULA BOROUGH Resolution 93-101 Tracts to delete from Proposed Sale 78 (Depicted on Map Attachment) 086 105 117 129 087 106 118 130 088 107 119 131 089 108 120 132 090 109 121 133 091 110 122 134 092 111 123 135 093 112 124 136 094 113 125 137 095 114 126 138 096 115 127 139 097 116 128 140 Total number of tracts in the proposed sale 140 Number of tracts deleted 48 (34%) TAN T4N TIN Tis 6"W STATE OF ALASKA fmm : No DECISION HAS YTT DEPARTMENT OF NATURAL RESOURCES SUN ""aO''' vw4rrmm"n DIVISION OF OIL AND GAS STAM%V"NOWroftI[ASX tJ" DO VATG IS GADOPWq PROPOSED OIL AND GAS LEASE SALE 78XGONOIAC .E TNO« IKA COOK INLET PRELIMINARY TRACT MAP 'I""O @A"A�`I'` NOTE : 'n" ~ IS NOT no SCAU 1ef000M ONE VCR a 10 M M ads orrlrw TIIACr W.. A str os t0 0 10 20 MMam OiiICIAL TRACT MAPS IS South Half `Amis EA" YmAk swttr T or PETRO. DEOP JAMES HANSEN- AYAO,A" AT TI10i umPARTIA6 OF NATURAL AOSOURCES. OPkWM � � � 7/131�D3 arwo N OR OIL AND GAL 300t C 0M �� ! o� &4" MAP TPArOM POM w sT . =m ,i0. F.O. am 107W u rx ►AONICTIONS N "a.s. A" �L Ate► 00I0ACi0 G S IORMW INANTODAO ANO P I ONt 10 m ?" ISM "ARI"AD. FIGURE 2A TOTAL P.04 APPLICATION FOR CONTRACT PAYMENT NO. 2 AUG 1993 PAGE 1 OF 7 Reccived Pob c ks D PROJECT: KENAI MUNICIPAL AIRPORT TAXIWAY A-3 RECONSTRUCTION TO (OWNER): FROM (CONTRACTOR) CITY OF KENAI 210 FIDALGO KENAI, ALASKA 99611 DOYLE CONSTRUCTION HC01 BOX 1225 KENAI, ALASKA 99611 ENGINEER: WINCE-CORTHELL-BRYSON P.O. BOX 1041 KENAI, ALASKA 99611 .3�Z.2.570,S09'k- APPROVED BY COUNCIL DATE CITY CLERK PROJECT NO. 3-02-0142-16 PERIOD FROM 7/25/93 TO 8/24/93 ADJUSTED CONTRACT AMOUNT TO DATE PAY REQUEST PDX CITY USE 1. ORIGINAL CONTRACT AMOUNT 2. NET CHANGE BY CHANGE ORDERS 3. NEW CONTRACT AMOUNT TO DATE / $184,873.40 ✓ $184,873.40 ✓ WORK COMPLETED 4. TOTAL COMPLETED AND STORED $153,016.29 5. LESS RETAINAGE OF 10 PER CENT (15,301.63) ✓ 6. TOTAL EARNED LESS RETAINAGE $137,714.66 7. LESS AMOUNTS OF PREVIOUS PAYMENTS 58,812.92 8. BALANCE DUE THIS PAYMENT $78,901.74 cgg DISTRIBUTION OF EXECUTED PAY ESTIMATE OWNER ENGINEER CONTRACTOR APPLICATION FOR / CONTRACT PAYMENT NO: 16 ./ CT: j STATE COURT HOUSE KENAI ALASKA TO OWNER: CITY OF KENAI �. 210 FIDALGO ST. KENAI, AK. 99611 RecrWed FROM CONTRACTOR: G 6 S CONSTRUCTION City of Kenai pubC+c Works DDent BOX 1E93 SOLDOTNA. AK. 9%69 ARCHITECT: MCCOOL CARLSON GREEN APPROVED BY COUNCIL ---------- ---------- DATE CITY CLERK PERIOD FROM:7-22-93 TO:8-16-93 PAGE 1 OF 5 16 kid a / T. J--o , to 9 � ADJUSTED CONTRACT AMOUNT TO DATE PAY REQUEST FOR CITY USE -------------------------------------------------------------------------------------------------------------------------------- t , ORIGINAL CONTRACT ACOUNT i670000.00 y ci4 ✓ NET CHANGE BY CHANGE ORDERS 8%5080.00 94" 1, �',• ✓ 3. NEW CONTRACT AMOUNT 1%635627.00 '' y WORT( COMPLETED ( r. �E76 /.ZO,OO d, TOTAL COMPLETED AND STORED 15256666 ' - = r 5. LESS RETAINAGE OF PERCENT i52 -60 " 2 �2, yrY. Do 6. TOTAL EARNED LESS RETAINAGE i67 1".40 -"' = Y 9 b'-r 64 6. 00 7. LESS AMOUNT OF PREVIOUS AMOUNTS 093952.40 :' y y/ 9 yy_�• o� 8. BALANCE DUE THIS PAYMENT $635247.00 - S 2 / 7 ,� OK C--:�a- DISTRIBUTION OF EXECUTED PAY ESTIMATE ALASKA COURT SYSTEM _ OWNER _ ARCHITECT/ENGINEER CONTRACTOR 7 TO: Thomas J. Manninen, City Manager FROM: Keith Kornelis, Public Works Director (� DATE: August 26, 1993 SUBJECT: Computer Plotter FOR: City Council meeting of September 1, 1993 The Mayor and Council requested, at their last meeting, that Public Works research the cost of a computer plotter. Attached is the information they requested. I would recommend the HP DesignJet 600. Our office area is extremely crowded and the DraftPro is loud and takes a long time to print. KK/kw 7" City Clerk -�x iiat'i by—Ew Date: August 25, 1993 City Engineer Engineering Tech, From: Jack La Shot, Rachel Clark, 1791-1991 CITY OF KENAI U0dla4;1al 4 4"„ 210 FIDAL40 KENAI, ALASKA M11 TELEPHONE 283 - 7535 FAX 907-283-3014 TO: Keith Kornelis, Public Works Director Subject: AutoCAD Plotter As you requested, we have looked into buying a plotter for AutoCAD drawings, and found two models that were highly recommended by local consultants. HP DrattPrc - D is a pen on paper (or vellum) plotter that turns out high quality prints and copies. It is currently being used by all of the local consultants, but takes about 30 minutes per page to print. It is also somewhat loud. HP DesignJet 600 Mono is a inkjet plotter (it sprays ink on the page) that several consultants indicated they would purchase when their current printer became obsolete. It prints a standard plan/profile sheet in about 4 minutes and is very quiet. Either of these models should be acceptable for the drafting we do here at the City. We probably do not do enough volume drafting for the 30 min. vs. 4 min. to make a difference. So far, we have been able to print the Spur Highway drawings through a private consultants office for free. In the future, if we need to plot, IISCO will do the work for $38.50 per hour, or about $19.00 per page. Prices/options for the plotters are as follows: 1. We can purchase a new DraftPro - D from a local dealer for $3,325.00. 2. We can purchase a new Designiet 600 Mono Plotter from a Washington company for $5,175.00. 3. Bill Kluge, of Kluge and Associates would sell us his 4 year old DrattPro (a slightly older model than the currently marketed one) for $2,000.00 Maintenance, paper, vellum, and pen or ink costs for all of the plotters average out to roughly the same, so I haven't included them here. Please feel free to talk to either one of us if you have any questions. 7 Robert McNees & Associates 206-645-7000 .... ...... . 41, 4 Il Vaal 111' k 1," 13 ,Y The McNeel PlotPack McNeel and McNeel Group members are now shipping the McNeel P1otPack with all Hewlett-Packard plotters and printers. The PlotPack includes four high-performance output drivers for AutoCAD: • P1otHP2 DOS with HandPlot, an HP-GU2 driver for AutoCAD 386 Release 12 (DOS) • P1otHP2 Windows with HandPlot. HP-GU2 drivers for AutoCAD Release 12 for Windows. • WMFPlot with HandPlot. Windows metafile driver for AutoCAD Release 12 for Windows • PHPGL2, HP-GU2 drivers for AutoCAD 386 Release 11 (DOS) HandPlot Hand -Sketch Simulator The HandPlot hand -sketch simulmrumforms preliminary AutoCAD designs into plots that look and feel hand -sketched. HandPlot is an option in the Release 12 PlotPack drivers. Many designers have found that during the early stages of the design process, their clients perceive standard CAD drawings as unchangeable, finished, or too technical. When you HandPlot an AutoCAD drawing, the plot has a looser, more familiar, less "finished" look that emphasizes the preliminary nature of the design. HandPlot's customizable sketch styles are based on characteristics you might notice in hand -sketched drawings: • Intensity can be set in HandPlot. This setting controls the irregularity in the line — the wiggle that immediately distinguishes HandPlot output from a standard plot. • Gaps are noticeable when a lines are hand -drawn on a rough surface or paper (like a napkin). HandPlot's gaps can be turned on or off, and you can also control their frequency and length. • Overhanging ends are common in hand -sketches where intersections don't match up. You can enable random length overhang in HandPlot. • Fat ends on lines can appear where a designer's pen first hits the paper as he draws lines. HandPlot can reproduce this effect. • Guide lines can be seen on many hand -drafted designs. HandPlot allows you to turn guides on or off. Technical Illustration Made Simple WMFPlot is a special driver for plotting and pasting AutoCAD drawings into other Windows applications. WMFPlot captures line width, color, gray scales, and HandPlot details that you can paste into a manual, proposal or other document. If you do documentation with AutoCAD in Windows, WMFPlot is a must. AuroCAD Copy Vectors command: curves broken into line segments - no line weights WA¢Plot to clipboard: clean curves - !rne weights WAffPlot wide HardPloi had rkenclud look - line weigktr All Hewlett-Packard printers and plotters r om McNeel &, Associates include freight, cables, McNeel PlotPach drivers, and toner or sale cartridges. To order call Janet at 206-6 34-4575. For education, pricing call Molly at 206-634-4574. HP DesignJet 650C Plotter • Color inkjet plotter with rasterizer • Fast - 9 minutes for color 36 x 48 plot, 1.5 minutes for draft monochrome 24 x 36. • 600 dots per inch quality monochrome - twice the image quality of most laser printers. • 300 dots per inch color • On -board queuing lets you send plots while plotter is active. Queue holds up to 32 plots, and the last four are stored for replotting. • Plot nesting automatically creates a paper -saving arrangement of several small plots. • 4 MB memory - expandable to 20 MB for large plots, queuing, and nesting. • Quiet - 54 dB plotting • Single -sheet, roll -feed. and long -antis plots to 50 feet with automatic cutter • Thousands of colors. 64 shades of gray, 256 pen widths and types • Windovra drivers • PostScript and network interface options Choose from two sizes: • A-D size (from 8.5 x 11 up to 24 x 600 inches) • A-E size (from 8.5 x 11 up to 36 x 600 inches) aignJe4 600 Mono 3 List M A-D s e - - $6,495 $5,1 A-E size $7,495 9875 DesignJet 650C Color A-0 size $8,495 $6,975' A-E size $9,995 $7,875• - Options Add 8 MB RAM $480 PostScript for DJ 650C" $1,175 Ethernet card $475 Supplies Black Ink Cartridges Qty 10 $250 Color Ink Cartridges Qty 15 $480 Special Color Paper - 36" Qty 5 $180 Special Color Paper - 24" Qty 5 $140 Prices include freight, cables, and PlotPack AutoCAD drivers -� 'S1,000 off the DesignJet WW when you trade in any D-sin or larger plotter. For details, call Janet at 2064LU-"75. "PostScript option not recommended except for special appNca6ons. Please caM before you order PostScript. 7" Ll DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES Mr. Keith Kornelis Public Works Director 210 Fidalgo Kenai, Alaska 99611 Dear Mr. Kornelis: REGIONAL DIRECTOR, CENTRAL REGION WALTfR/. HICF J(o 7 Pa Box 1%"0 ANCHORAGE, ALASKA 99519.6900 (907) 2"440 (FAX 2484573) August 6, 1993 �,e RISK RM06-37%. i FM LUW4wL 61EETlNGiOF AUG 1993 i� City Mgr. —J AttOrf!ey Reccived VVcrks —� City Clerk Finance W K� PO —6�Public Oriclinal To�YSubmitt d Bye= Works Dept Council OK E1No CYes Ck— This is in response to your letter of July 23, 1993 on the urban section of the Kenai Spur Highway Reconstruction. You are correct. The plans for the Kenai Spur Road, MP 8.1 to 10.6 project have been modified. These changes will result in a cost savings of $800,000. They will not affect the original concept - which was to construct a four lane roadway with a median, a pathway and a sidewalk, lighting, drainage and signalization. And there will be less impacts with right-of-way takings and utility relocations. With the savings, we can construct more miles of badly needed road, including roads in the Kenai Borough. Although the design of a project is an evolving, iterative process, the concept of this project is basically unchanged from the concept discussed in prior public meetings. Since impacts to abutting property owners have been reduced rather than increased, initiating another round of public meeting and hearings is not warranted. We do intend to prepare a newsletter which will inform those agencies and individuals who have expressed interest in this project to advise them of the current project scope. The new proposed roadway section is similar to several high volume arterial roadways in Anchorage, which have performed well. This design provides full 12 foot through lanes with two foot shy distance from the curb and a 14 foot flush median. The flush median allows vehicles to turn into driveways along the roadway. The median on the new work was originally designed for a curbed raised median which was 16 feet with 2 foot shy distance on each side. Without the raised median, the shy distance is not needed. Wide flush medians should be avoided because cars will attempt to pass each other. Research has indicated 14 feet is the maximum desirable width. Please see the attached report. Mr. Keith Kornelis -2- August 6, 1993 The other reduction is the width of shoulders from eight feet to two feet. Shoulders only increase the capacity of the road by approximately three percent. This is not noticeable when working with projected traffic volumes. The other use of shoulders is for parking, if there is a breakdown. In an area where there are many side roads, driveways and parking lots, it is reasonable to expect a disabled vehicle to be able to get, off the main road. The existing road through Kenai does not seem to be unduly affected by disabled vehicles parked along the road. The curb to curb typical section was changed from 84 feet to 66 feet, except at intersections where it will be 70 feet. The configurations for the pathway and sidewalk are unchanged from the original concept. A 10 foot pathway and six foot sidewalk will be constructed on opposite sides of the road and will be located between the curb and the right-of-way line. This will allow increased distance between pedestrians and the roadway. The path and sidewalk will float to best fit the terrain, but will come next to the curb at intersections for crossings. I trust this has satisfactorily addressed your concerns about this project. Please contact John Burkholder, the Project Manager, at 266-1504 if you have any questions. Your interest and active participation in this project is very appreciated. Sincerely, ��4e_1 - J Horn, P.E. egional Director Design and Construction /aav Enclosure cc: John J. Burkholder, P.E., Project Manager, Highway Design, DOT/PF B.A. Campbell, Commissioner, DOT/PF Janet George, Planning Manager, Planning Section, DOT/PF Representative Mike Navarre Robert E. Ruby, Division Administrator, Federal Highway Administration Senator Judy Salo IT r " tf 1, ti n/O ,{e an f, M r� oq,f w .wf .{{N. IMN! M f Yf � PI,t! li.�lf�.f '. •1' Ala► t.r� Al.Iar • Surfs {rra{ {!! I itemwe Review of Repotted E%ziebeoes 3 E Soulcr- Reinsaw 16. Figure S. Lab -titre aoesimesias ime treatinaata foe a 3040ot wide eaiaed wadiaa. A� U 1f 1• I I 71; low GOM lS M gas 7f f N Gas 40.1 MOM M w rM M ovum me ft. tnWj=Aa mw40ow"S Mnwo (MIS am.. SouRM Rdwenm 16. Figure 6. Left-Mm aooalwatm lase treatments for a 16-foot wide flesh nmWu o. LI }1�. ul 1 • yu IMM tons ,au as a& WW-I Y t a. • r. f . I A . .60 .w . N I ,Pf ", Kill � O!tltt�.trr ♦�flt atM1M! » wn. 1 w. us •� ,,,,fV=A i"TW r a Souncc Rdstaeoe 16. Figuta T. Lait um ecaaiaeaum leas usaiamats for a 224km wide dims sedkwL have fewer acodem than the oonlp�soa sites. An, "mosion of vehicle m ties o rers andlaceshfftatgprovtisdeeidainite hstthe aoodnaoanieneptow eseshinodw. mote coodnvous mo"ateat of itlmmwhidss from the meat sheet ad glove tttar MM U,dk more a 6 maoe wselff of kh-aien- ing vehicles. whiielk reduced conflicts between the I" ates'I' 4 taste el ea■s. Akhoush no dais was a siUerad. van wiarldlt reported tMc left-erea sooeienoao lanes have newt asltiataead at gpiai T intersectional a mom micas 19M17 The lanes have twinned dw awd for OpNii- sation. and *Wdm In w kwo been nediiabie. Seiiege chin providoAnn evaf- uanondata. betaisow assssdthsttnetiat acc lermon Matt in ismad appear to innprove haft flow attd redoes aCOdant occ uratoe." Median accialumon said ssoeage faces at sppatr to be ssldeos seed. vPdW the pen 10 years. awd a m hoes have been vaid4st T-type Wimsections to itncrease the Wt-tmeirg tapeM W the tinatar strew. Even 1 11, 'sMtd! dots ate Wised to a few iaassiomk scow e+iieooe suggews shad rite latass ae�Reue ees�iedDr► and reduce aaeldo w JAB M@d= accelawmat ion have net bevel widely used in the peat. to dtku expWoow problems Milts been 1 N l- I d at etawtg Shea. TWOWWtf1p Wt- Turn Medim Latter Beause of the need to sepiwetwt1 cm. effecave median tree mon that provide additional highway cspmy, approve iand aooess. and i ii P try safety. the CMTML has gained wideepaed ==P- taooe and use seine the eaw* 19ML in a 4uesootnw.re survey candoomd in IM. Parfter and fvakirath rteporasd tips 69% of the maW can at the ihaioed States wet wing two-way left -turn medial! bum" A review of reported dasige P ai lla and safety and operationsi impacts of CZWLTMLs is presented below. A review of the AASHTO design Policy funds no specific criteria for CZWLTMLs. in recognition of various land llSea and access needs. the AASHTO Pogcy states. ,,c t mea it is desmWe to provide a cr ntinuous heft turn Pane at lieu of a (raised) median. "I For a number Of years. how- everseveral ucianicai poinuum of the hunt ite of Tranapo Fps have been active m devtdopalg rmi@krtes for 4 Effectiveness of Median Storage and Acceleration Lanes for Left -Tuning Vehicles C2WLTMLs.-2-z1 In recent years a:umber of research sines have been conducted on roadways with two-way ieft4wn median Lanes. Several of the studies have pro- duced guidelines. sumrnaRWW beknv. " • The misniatn n wfith of the Median lane should be 10 k•t. and, the max- itrraamwddrftinaaJdmtaetraad 14feet. Walton at aJ. fafrtatl that: dfe widIdIs of 15 feet or trwe,;my crssRe dlriurer coniusion.26 • A C2WLTML an be used with pofaed speed ion between 26 and 55 fnlph, as speed has not been found to be a factor that adeM the operuion of the median lute. • On mnitihde highways, the median lane appeamjust" for volurne lev- els between 10.000 and 25.000 vehi- cles per day. On two4ane highways, the volume range appears to be between 5.000 and 12.000-vehicles per day. • C2WLTML should be considered when the demand for midbdock left - turns is hagia and when the: demand caI ot be accommodated by parallel streets. A large number of studies have exam - mod the safety, operation. and cost utffec- tiwmess of t"Wemy left -turn mediae lades. Several of the roost pereuaaent studies are summarized below. A before -and -after study conducted by Sawhill and Ne* at three kooMM in Seattle. Washington. in 11963 found the fol- lowing resukts'0: • Only 9.4% of the total accidents were related to the use of the median etaes. • The medon-related aoudents were less severe than 'rift rnedisa-rrelated accidents. • The number of head -anti accidents in the median lane was negligible. • Accidents decreased hub 66.75 per Year to 495 per yes at one site. a reaucion of 25.8%. Most tit the decrease was in raw -end accidents. • Observations of trofft¢ ox!ations indicated that more effective suing and were needed to ensure propes use of the lone by unfamiliar drivers. Hoffman analysed accident data col- lected fora one yeas bekwe-and-a[te tx-nod at four sites in Whiglu0 At each of the study sites. the existingfour-Bane undi- vided roadway vies widenned'cft petim a continuous eft -turn media lane. Analysis of data revealed that • Total accidents decreased by 33%; • Injury accidents decreased by 41%: • Rear -end accidents decreased 62%: and • Head-on left -turn crashes decreased by 45%. Burntt and Coppola recently examined what effects the installation of two-way left -turn lanes had on accidents at seven sites in Arizona.2 An analysis of two-year before and two-year after accident data found that • Total accidents decreased by 35.9%: • Rear -end accidents decreased by 45.4%: • Left -turn accidents decreased by 20.4%; and • Other accident types. including angle. sideswipm parking. fixed4wt. and pedestrian. or bicycle -related cashes. also decreased. Buantt and Coppola reported a benefit - cost ratio of 8.6. Nemeth conducted before -and -after studies at three sites in Ohio in 1976 to examine the effectiveness of continuous two-way left -turn lanes.2' Travel speeds. volumes. and traffic conflict data were col- lected before and after anptvveraera: were made at each site. Accident data were not obtained for this study. At the site where four through Janes were reshaped to allow two through lanes and a left -turn median lam the change resulted in increased travel times. increased weaving. and fewer traffic conflicts. The resttV6ng of a two-iane roadway to provide two through lanes and a median left -tarn Mane resulted in reduced travel times and delays with some increase in average running speed. Traffic conthicts were reduced by 37% in spice of the fact that mamiine volumes increased by 2.5%. Cross traffic volumes increased by 25.0%. Left.ttrns increased by 16%. The restnp- ing of a four -lase undivided highway to allow for four through Janes and a left -tuna median lane resulted in a sliglxt increase in running speedo: however. the increase was not statistically signuatait. Traffic acts were reduced. Accident and operational data were Col- lected and analyzed by Babcock aid Foyie in 1978 on 14 urban highway sections totalling 32.4 miles (52.1 lank in two Notnh Carolina cities.' The roadway sections included four -lane undivided highways. four - and six -lane divided roadways. and ive- atnd seven -lane sections with traversable Sian banes. Because of the sampie sue. smnsu cal analyses of the data were not pertorrned. A summary of the study results support the following conclusions: • Accident rates on five- and seven4ane roadways with traversable medians are sundar to rates on four- and six - Lane divided highways. • No head-on collisions were reported on the sections with traversable median lanes. • In all cases the median lane of the five - and seven4ane facilities appeared to handle traffaa efficiently. In 1979. Walton at al. collected accident and roadwav testure data on urban high- ways in Texas.a The results of this inves- tigation indicate that urban arterial accident rates are significantly affected by the number of traffic signals per mile. the man - bar of driveways per mile. the city popu- lation. and average daily traffic. A regres- sion equation was developed to predict the annual number of accidents per mile for site -spec& conditions on four -lane high- ways with two-way left -turn median lanes. Observations of tsafficopemoo ns indicated that pavement markings were more effec- tive than signs in contributing to driver awareness of the median lane. Accident data were collected by Parker in 1979 for 50 urban roadway sections in 31 urban areas in Virginia. ss Geometric and operational data were also collected for each study site. Median truuataarts included m the investigation were raised medians with 6-inch (15 ant concrete curbs. trav- ersable medians with continuous left -turn lanes. and undivided roadways. All of the study sites had four through Lanus. Multi- ple linear stepwise regression analysis was used to develop equations to estimate the impacts of altetuassive designs on accidents and left -turn vehicle delay. The surnawy of the results of the analysis follow • Mean accident rates are not signifi- cantly dfferent for raised and tnv- ersaole median treatments. • The type of median treatment au- ences the type of collision. • Factors affecting accident frequency on urban roadways with traversable medians are the number of traffic sig- nais. the number of cross streets per mile. and the average daily traffic. • Factors affecting accident frequency on four -;am undivided urban road- ways include the a.lunber of traffic siq- nals. cross streets. and driveways per time and the avenge daily traffic. •, Midblodt eft -turn delay was found to be sign6cadtly affected by the man- Uterature Review of Reported Eoes 3 © •, Sow • 1 / ` S are A r aau 0 do se �� me lovw law or Is low +Mete nee as man" e)s K)eo ein.Me i 1.6=Maw •e•• .,at wr•Y aen•we w ,was s,ew•as AM re/raen 5ouact:: Rahmice 16. Figure S. L eft -wen scadwatm iaaa tteatments for a 3O4ow wide raiaed mediae. s—' — I �' I I lr• �.� .► eweeNe saa�maa,ia�oa r ts.► ie.� a to a �• N a1�a )•• .e cure ,ee �» ,af ne no •YI Isar no ~•+ N Yaw ale eww ale am 7e YM Me ,aq# ! Me Ilium A fill ammomis ►►amen rn Ma �+eia un��u�e► .coaawrr►►u•►n SouRcz: Reference 16. Figure 6. L.eft-turn acceleration lane treatments for a 16-foot wide flush median- R -.,a I �. e. a m s►aaa 1 ,sblY saesl ,.« ew o!a s,Ml r I ls.► ae , !O .e , ^. .USM! —� u u u t• !e Y.w 1 70. .ie •, N Y.tl ` al)el►) see •) a ro ww I ►slam see h ,0e m is nrar rsour s)►,e co �s .wiry. So ua= Reference 16. Figure 7. Left -turn aoeeieraum lane treatmsna for a 2240ot wide hush medrAm have fewer accidents than the oomparisom sites. An evahat mm of vehicle maneuvers and lane shifting provided evidence thattbe acodormtionimeprovidesasmom,I , more caret wous. movement of left -turn vehicles from the tumor street and glres mamime traffic snore advance woming of left-tum- ing vehicles. which reduced conflicts between the two tnergiutg trsdc streams. Although no data we collected. Van Winkle reported that heft-tuM WC11111106M lanes have been constructed at typical T incerseaiotns in Mom since 1972." The lanes have reduced the need for upah- nw000. and accident ; , ' * 1ms have been negligible. Selinger also provadad no eval- uation data. but aiso suggested that median acceleration lanes in Israel appear to improve traffic flow and reduce accident OCCItiI+elCe. 19 Median acceleration and storage lanes at intersections appear to be seldom used. Wdiin the past 10 years, acodersdon Imes have been used at T-type ntte satioos to increase the left -turning capacity of the tumor street. Even though study data are Waited to a few locations, some evidence suggests that the lanes soprave traffic flow and reduce accidents. Aitb=gb media aecaalecation lames have not been widely used in the past, no drive especte ncy a 1.11— m1 have been reported at canting cites. Continuwraa Two-way Left - Turn Median Lane Because of the need to implement cost- effective median treatments that provide additional highway capacity, improve land access. and increase traffic safety, the C2WLTML has gained widespread scap- tanoe and use since the early 1950L In a qunestiennaite survey conducted in 1978, Parker and Galbraith reported that 68% of the now cities in the United States weir using two-way left -turn median! bnes.21 A review of reported deign practices and safety and operational impacts of C2WLTMLs is presented below. A review of the AASHTO design policy fords no specific criteria for C2WLTMLs. In recogrimmi of varwus land uses and access needs. the AASHTO policy states. ',SMM_ mites it is desirable to provide a cr nnnuous left -turn lane m lieu of a (raised) median. "I For a number of Yeam how- ever, several technical comes of the Institute of Transportation Enppmeas have been active m developing guod@h mars for h .a 0 f.��:yCrl • e 0 a� 0 m r sm, r A i ,S r a C • — � .y • 0. 0 • • 2 , 7 • co OL rn 57 A c C n p _ �p7 1 • CIF 3 uj+ J 1 • ■ m'c a m •-�r,00 ■ °*° m Awe=�rm"�y■ o�R�m�'� �e�aYe ,gym eke �, Cy r.e m3 a C■ O `< `e C V1 C C o S » �_�_�■ toO n� �■'�Cr 1 O'3�-< $� ■ a —& >x��mm° m m ■zq o ir °'o f ri capon A v�,s"n a :- rAv(0 oC�' a■ �Y��o��e=�.»eoe�7d�_=;gig ^ Vl a» ecr"+ A C �p�■ �'sC° Y`� C 'O r! i0 w O C ■ A m m .► m f+ Ci .i r� ^! ,�! O t m K ym p�ao;aa�C awe N� ;-'0 ? AsA PCs o y m 27 A C O O g "O O+ m w �e y .0 cmi=s�m� :my.o�' A to fOSDur 7 7C' s m C V1 � A ■m � rSSC� S7 A< A'C '°'� � A A ti CMp d' C A A a w A O 7i ■ ArA _ S » ■ ebRo °O» n.o�w VDT Ir C A cc B e� .mS.. m C 0 S" T c' W CL ■ _ � zc amA s°+�� gA � � m ■ _ ■ C '� A S m Q ee w O m = z a Imo, Professsional & Buslnes&s Develgpment Confer Walitt" A 44 MEMO 0 0=0 JipssWF%W--- OTO' team faci�g YOU as r ar,'Dift 0 a. ate imp oria"t rowsag nvesttg s to exp. log 0 ro i We COver Wort" 0 dis baereo To meet neW people ffecli� your job 40T. 0 enWoe Your ovema e A. at discover IW7W Career can Use bnwdwly To Wonnatiott YOU:,., To acquire vahlab El El ptemper 24--26, 1993'.'. Land's End Resort ♦ Homer, Alaska Presented by the Karhemak Bay Campus of Kenai Peninsula College bar 24 • g Peop• manciallssues for Wome>lt • 5-M in W.to Promote Your Business • Unpaid Vftk'- A Cki tw Vehicle • The Fine Art of Balklming a Fkii aft, Career and Self • Take Charge Of Career Qvagq • Self: F3toem and the Working Woman • Develapit>4aa B •' rope Management • Strategies' forPen s dt Success • Starting a Busiaesac • Panel = Women in Business • Making use of a ujag and Selling a Business • The Cerider Trw 1rw► to Communicate Effectively • Oath �f ownu ga Business • Glass Ceilingand tuf • 9=' ' Politics Accounting for Businesses • Assertive Communication Skills ... about our Keynote Speakers Shakos A. Kiidk: As to Ragland Adrrinistrtlor of the US Dept of labors Warren's tiara st, Sharon piowidas , rwars:hrtoe on v,orrssrt'; essaployrnex Ulua aired estaltupftshev�ltl+ +wo►ldn; eotrtrrranity agzr stlortt, ptkwte fritkrfireY wit ww ansltt 1h 1"A. she ieotived the US. Seoeraryoflabor's E=epllon i Adyevenei* weed fa o4Mx* g to a network d*kam Ilabtlily insinance tt30** Is atdve In her sot wunity and In 1991 recdved I�iae9► Adkwnernt hlad l for her activities as a., mm - to of the U.S. NOW Reserve. Judjjle Keen L. Hunt A Supedor Cant judge In Alaska since 1984, she has served as president of tine Alaska Same Bar Association. as kxmb g president of Mn Andioup Assodation of Women La vye s, the Annenkcan A 00 di0on of ludgles ad Is now vine President. Women "a kind for M .. In 1992. Jude Hunt reodured the YWCA 1Namen of Award. OHM CANWJ ou Crnfa Ornarm has worked for 9 to S. Wtlonal Association of Working Watson since 1983. As orgarindand direcaor and nadorwl modia spaimperson for the national ollm. she is a frequent sperm on waking wwrnen's Issues. Reaent appearance Include pre entadon$ lf'lhrr nadonssl ow0enence of the American CM Uberdes Union arsd'du National Canfiaance of State Legblasoa; testk non y in favor at a F*rAy and IMedicA Leave Ad for public haarngs of the US Senata<al 0 010 Gw ja Horse of Repmsenadvas; workshops an working daftly issue and dental harassment for more than a do ma n public and pftft e npiloy ts., W Cauniaon ho woaked In a variety of dlitas trod dedal )oat. to ** Itt Tabor educMdM and %N0*ad In cite Union Worrw� s Skudke Prorgparn of the M»wpapl " 4abor Edwri�1 and In ItICW Yd�t Qt�rT-rWilociallly. h* labor khnoiy atdw West Vlnjgl U inst►pnt ------ ------Registration �'o*nt--�-�--------- 1Now, rAddrm r lab, stare, Zip 10mapation and 01irpudration CmIlwence Fees ; 1Q Preconference Waiesbop $30 ; Early Registration (includes Luticbeoo Fri.. Sat., and Sun.) S80 k r late Registration (Received after September 15) $95 1 iDaily including'lundwon i Q Friday S35 Q Saturday S55 Q Sunday S35 1 1♦ send torm .k cbedt (payable to KPC) to: 1 1 Professional sg Burliness Deveioptnent Conference • Kenai Peninsula College • 1 e533 E. Pioneer • Homer. AK 99603 or r Please ebarge my credit card: Q visa Q Mastercard 1 1 Aca s e:tp i slgttawce r i+SdialaesNlps Available i 1A limited number of aotnbeence sdwlarsNps wig be awarded on a flrarv-W 1 lnexd/uNque drannstarsae bests To be oonskdexed, sexed a request 1 Ioutlining your spedfk needs to Carol Svvaru. Kehl Peninsula College • 533 1 : E Pioneer should r Avenue . Homer, Alaska 99603. The request be limited to. 1100 words or less. r k r r 1♦ Pbone Contaceer: ' 1 Kachemak Bay Campus. Kenai Peninsula College • Carol Sward. 235-7743. • For childcare arrangements call 235-7712 r'-«- 1. One college o;e►lit available. 1• For Hotel A000mmuclations with sprxial conference rams call tand's End Resort; t at 235.0400. or 1-800-478-0400. 1 6— 1 Foal tra to phorocopy rhs form d you have fri=4 orcoMagum uvaeaed is ww"ng.) _ i tn ON 0) 7 e �11�i � r ZO ^ Z O Q Z C Q z v O N O m — m - ` w Z W... Z Z w Z p� Z m Z U Y L r Y I a z Q o Lj v z _ - Z J L< Q z z > Z Z Y a �Y C: Q ^ z CO z Ln z N z c i o ,_ tM " f�`1 ~ L -� z - Q L7 z :l, r'j _... .� W z - ; Lw Z Q Q o z z o c Q Q Z Q z` z z z z z c< q < _ w 0 U< - - z N=� - z N C Q Yzcn Yzi - Y- sue N _ L K N cz c —_ w r� b Uc 00 00 �.., Lr Lr .00,E NN r cN c� Cy C4 s � e� R U v o` [ x o a N Q cd C+ �C i zLO �� Q'14-4 Kenai Peninsula Borough Health Care Advisory Council �- Ke" PenlaMrth Btpmm* Development District, Inc. 110 S. Willow St., Suite 106 Kaui, AUWM 99611 (907) 283-3335 Fax: (907) 283-3913 September, 1993 Dear Business Owners: The Kenai Peninsula Borough Economic Development District's (EDD) mission is to enhance the area's economic environment. Results of the EDD's research on barriers to success in small business speak loudly to the need for accessible and affordable health care benefits for the self-employed and the small and moderate sized business. The work of the Kenai Peninsula Health Care Advisory Council (HCAC) has resulted in a concept which can effectively deal with this critical issue by establishing a community -based managed care plan. The plan would be funded through premiums and therefore not require new tax dollars. The concept addresses these critical business needs: • Health care benefits for seasonal and high -risk occupations • Provision of health care benefits at lower rates to small and moderate sized businesses through participation in a large insurance pool which emphasizes managed and preventive care • Decreased hassles in claims processing. with local plan administration • Expanded utilization of the local health care system. responding to the chambers' "buy local" initiative • Reduced debt write-off for local hospitals as more people are able to afford insurance. reducing the need to shift the burden of bad debt payment to those who do pay their bills The Chambers of Commerce in Kenai. Soldotna, Seward and Homer recently supported placing the "health powers" question on the ballot. A "yes" vote on the October 5 ballot will set in motion a process to refine the HCAC plan and make voluntary participation in the plan available as early as next summer. I would urge you to participate in upcoming information sessions and find out for yourselves if this concept has merit. Details are available from your chamber office, city hall, library or by calling 283-3335 or 283-5130. SinceFly, -4to�a_ , CC, Stanley R. Steadman. HCAC Co -Chairman EDD Executive Director 2ND ANNUAL SMALL RETAILERS' SURVIVAL SEMINAR From October 6 through 8, the Kenai Chamber of Commerce and the Kenai Peninsula Borough Economic Development District, Inc. will co-sponsor three days of meetings, workshops and one-on- one consultations featuring Linda Boggs, a nationally -recognized retail authority on the subject of... "LIVING WITH NATIONAL DISCOUNTERS." Linda will open the week by speaking at the October 6 Kenai Cham- ber luncheon. That afternoon, and during the following two days, she will meet one-on-one with Kenai area retailers to do in-store evaluation and provide recommendations on how to compete effec- tively as the local retail market heats up. On Wednesday evening, 6:30 p.m. to 9:00 p.m., she will conduct the first of two workshops, entitled, "Living With National Discounters. Thursday evening, 6:30 p.m. to 9:00 p.m., the second workshop, entitled, "Customer Service: The Real Difference," will be presented. Fees are: Mmner MM is i per 'living With National Discounters" $25 $35 "Customer Service: The Real Difference" $25 $35 Both wakshops $40 $55 One-on-one in-store consultations $50 $75 This will be a rare opportunity to learn critical strategies and tactics for success in today's retail marketplace from one of this country's acknowledged experts in the field. Best of all, Linda is an Alaskan! Before opening her own consulting firm, she was Vice President of Iditarod Properties where she was General Manager of the Anchor- age 4th Avenue Theatre Project. She has also been the Director of Marketing for GCI and for Carr-Gottstein Properties. For advance reservations or more iafornraI ion, contact the Chamber woe at 283-7999. s�a 7' 0111;1 _ TO: Keith Kornelis, Public Works Director ' S , 0 S FROM: Richard Beck, Building Official/ A/ DATE: August 25, 1993 SUBJECT: City of Soklatna Ot+dina= 573 K pie In response to your request for review of City of Soldotna Ordinance 573: The City of Kenai has adopted the 1991 Editions of the following: Uniform Building Code * Uniform Building Security Code * Uniform Code for Abatement of Dangerous Buildings * Uniform Sign Code Uniform Mechanical Code Uniform Plumbing Code and The 1990 Edition of the National Electric Code (* = Codes not adopted by the City of Soldotna) Other differences include the City of Kenai requirement that an applicant furnish a site plan prepared by a state registered land surveyor before issuance of a permit. Also, before final inspection the applicant must submit an as -built survey performed by a state registered land surveyor. The last paragraph of Section 1201 of the UBC and Division 1 of Chapter 12 of the appendix has been deleted. This relates to adoption of the One and Two Dwelling Code. Kenai does not have a provision to waive code requirements. I would urge caution in adopting this because of potential liability. (15.04.060 City of Soldotna). The proposed change to Section 104(e) of UBC concerning moved buildings and temporary structures appears to meet the intent of the Code. RB/kw a kug 1993 pAc� vad CITY OF SOLDOTNA Pubt+e YtnrAs Oept _ ORDINANCE 573 (Requested by Public Works Director) AN ORDINANCE ENACTING THE MOST RECENT EDITION OF UNIFORM BUILDING AND NATIONAL ELECTRICAL CODES AS ADOPTED BY THE STATE OF ALASKA AND A NEW SCHEDULE OF BUILDING PERMIT AND PLAN REVIEW FEES WHEREAS, Soldotna's building codes were last updated by Ordinance 402 enacted in- 1986: WHEREAS, the International Conference of Building Officials, the International Association of Plumbing and Mechanical Officials and the National Fire Protection Association periodically update recommended codes for the construction, alteration, use, occupancy, location, maintenance and use of buildings and structures; and, WHEREAS, updated editions of these codes apply throughout the State of Alaska as they are adopted in Alaska Statutes or in the Alaska Administrative Code unless a municipality desires to prescribe more stringent standards; and, WHEREAS, Soldotna's 1993 planning survey indicated that a majority of Soldotna's registered voters and other respondents want the city to retain responsibility for local administration of building codes so that builders may be exempt from requirements to obtain separate approvals by state building inspectors; and, WHEREAS, it would facilitate local administration and enforcement of the state building codes if the uniform building and national electrical codes could be enacted by generic reference so that updated versions may be implemented as new editions are adopted by the state; and, WHEREAS, the schedule of building permit, plan review and investigation fees should also be revised to recover the city's cost for administration of the building codes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SOLDOTNA, ALASKA: Section 1. Title 15 of the Soldotna Municipal Code is hereby amended by repealing Chapter 15.04 (Building Code), Chapter 15.08 (Mechanical Code), Chapter 15.12 (Electrical Code) and Chapter 15.16 (Plumbing Code) and enacting in lieu thereof a new Chapter 15.04 (Building, Mechanical, Plumbing and Electrical Codes), as shown on an attachment which is incorporated herein by reference: 17 Section 2. Ordinances or parts of ordinances in conflict herewith are repealed. Ordinance 573 1 8110/93 DRAFT -- Section3. This Ordinance becomes effective upon enactment. ENACTED this day of 1993. Mayor ATTEST: City Clerk Introduced By: First Reading: Enacted: Effective Date: Attachments Ordinance 573 2 8/10/93 DRAFT Chapter 15.04 BUILDING, MECHANICAL, PLUMBING AND ELECTRICAL CODES Sections: 15.04.010 Uniform Building Code Adopted 15.04.020 Uniform Mechanical Code Adopted 15.04.030 Uniform Plumbing Code Adopted 15.04.040 National Electrical Code Adopted 15.04.050 Lot Area and Setback Requirements 15.04.060 Waiver of Code Requirements 15.04.070 Fees 15.04.080 Building Inspection - - Notice Required 15.04.090 Local Amendments to the Uniform Codes 15,04,010 Uniform Building Code Adopted. The most recent edition of the Uniform Building Code and Uniform Building Code Standards, published by the International Conference of Building Officials, as adopted by the State of Alaska, is hereby adopted as the Building Code of the City of Soldotna, except as amended in this Chapter. 15,04,020 Uniform Mechanical Code Adopted. The most recent edition of the Uniform Mechanical Code, published by the International Conference of Building Officials, as adopted by the State of Alaska, is hereby adopted as the Mechanical Code of the City of Soldotna, except as amended in this Chapter. 1544,030 Uniform Plumbing Code Adopted. The most recent edition of the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials, as adopted by the State of Alaska, is hereby adopted as the Plumbing Code of the City of Soldotna, except as amended in this Chapter. 15,04,040 National Electric Code Adopted. The most recent edition of the National Electrical Code, published by the National Fire Protection Association, as adopted by the State of Alaska, is hereby adopted as the Electrical Code of the City of Soldotna, except as amended in this Chapter. 15,04,050 Lot Area and Setback Requirements. All building permits will be issued subject to lot area and setback requirements as established in the City's Fire and Zoning Codes, except as set out below: A. Lot Area means the total horizontal area within the lot lines of a lot, exclusive of abutting street and alley rights -of' -way and/or public road easements. Lot area calculations shall not include any area within existing rights -of -way or required future rights -of -way corridors. In cases when street rights -of -way have not been fully f dedicated as required by the Kenai Peninsula Borough Subdivision Code, the right-of- way boundary will be established by projecting a full dedication. Ordinance 573 3 8/10/93 DRAFT B. Setback means the distance required to obtain front, side or rear yards, exclusive -.. of existing or projected abutting rights -of -way. In cases where streets have been dedicated to the full width as required by the Kenai Peninsula Borough Subdivision Code, the building setback distance will be measured from the abutting right-of-way line to foundation walls. In cases where street right-of-way has not been fully dedicated as required by the Borough Subdivision Code, the building setback distance will be measured from the future abutting right-of-way line as established by projecting full dedication. 15,04,069 Waiver of Code Requirements. The City Council reserves the right to modify or waiver provisions of the Uniform Building Codes or the National Electrical Code and to authorize the issuance of permits for buildings and structures of any type after review of the plans therefor and upon a finding that it is impractical or unfeasible to comply with the requirements of the Uniform Codes. Prior to acting on any application for a waiver of code requirements, a public notice that affords five (5) days time prior to a decision shall be published briefly describing the modification or waiver requested. 1 1 0 0 ff 2-07- A. Building permit and investigation fees shall be assessed in accordance with Section 304 of the Uniform Building Code, except there shall be no additional separate fee for the initial plan review. The fee schedule set forth in Table No. 3-A of the Uniform Building Code shall be used for all construction and alteration of building and structures (subject to adjustment based upon the actual cost of inspections) instead of the separate fee schedules provided in the Uniform Mechanical and Plumbing Codes. B. No building permit shall be issued if the property owner or contractor is delinquent in the payment of any sales tax of the city or the borough. Before issuing a building permit, the building official shall receive a tax compliance certificate completed by a representative of the borough finance department which certifies that the property owner and contractor are in compliance with all borough sales tax provisions. 15,04,080 Building inspection -- Notice Required. The Public Works Department shall be given at least four (4) hours notice of requests for building inspections. If an inspection is required before or after normal working hours, on week- ends or holidays, an additional fee shall be charged as specified in in Table No. 3-A of the Uniform Building Code. A. Wherever in the Uniform Building Codes the term "Building Official' is used, this shall be changed to read the'Public Works Director" or his designee. Ordkwwo.573 4 8/10/93 DRAFT B. The Public Works Director shall submit monthly and annual reports listing the number of building permits issued within the city and the estimated value of construction segregated by new construction and alterations and by residential, commercial and public construction. For new single family and multi -family residential construction, the reports shall show the number of new units added to the city's housing inventory. C. Wherever in the Uniform Building Codes the 'Building Official" is designated as the collector of fees, this shall be changed to read the "City Treasurer". The City Treasurer shall keep a permanent, accurate record of all fees and other monies collected and received under this Code, the names of the persons upon whose account the same were paid, the date and amount thereof, together with the location of the building or premises to which they relate. D. Wherever in the Uniform Building Codes a reference is made to a "Board of Appeals this shall be changed to read "City Council'. The city council shall perform duties and functions of the Board of the Appeals until the council determines there is a need to constitute a Board of Appeals. E. Section 104(e) of the Uniform Building Code is amended by the addition of the following language: (a) Moved Buildings and Temporary Structures. Buildings or structures moved into or within the City of Soldotna shall comply with the provisions of this code for new buildings and structures. Temporary structures may be erected by special permit for a limited period of time in accordance with provisions of this section. A. Definitions. "Temporary structures" are defined to include mobile homes, recreational vehicles, trailers, sheds, canopies, tents, pavilions, vendor booths, reviewing stands, band stands, fences used for the protection of the public and other miscellaneous temporary facilities. (1) Mobile homes in mobile home parks and recreational vehicles and tents in approved campgrounds are exempt from the requirements of this section. (2) Temporary structures operated by non-profit organizations for not more than 72 hours are exempt from requirements of this section. (3) Temporary construction structures are also exempt from requirements of this section and may be approved by the Building Official in all zoning districts in connection with a building permit application for the duration of the construction project without consideration by the Planning Commission. Ordinance 573 5 8/10/93 DRAFT C. Leith of Permit. Permits for temporary structures shall not exceed 50 consecutive days. Permits far temporary structures may be extended on a one time basis for 50 additional days upon application to the Building Official. No more than one 50 day permit, with one 50 day extension, may be issued for a premises in one calendar year. The temporary structure permit shall only be extended on a one-time basis if the applicant and property owner are in compliance with sales tax regulations of the City and Borough. D. Permit Fie 110d Aggication. An application for a temporary structure permit shall be made to the Building Official and accompanied by a $160 non- refundable -fee. The application shall include: (1) Legal description of the proposed site with a site plan showing the proposed location of the temporary structure on the premises; (2) Plans for the proposed structure or a current code compliance inspection, if an existing structure; (3) Name and mailing address of the property owner and the proposed perrnittee; (4) Length of time requested for the temporary structure permit; (5) Proposed use and justification for temporary or seasonal occupancy; and, (6) A cash performance bond of $1,000 to be posted with the City Treasurer for the purpose of insuring that the structure will be in accordance with the terms of the permit, that the structure will be operated and maintained within the provisions of this section, and that the premises will be improved or restored to its original condition upon expiration of the time limit. (7) The temporary structure special permit bond shall only be refunded when proof of compliance with sales tax regulations of the City and Borough is certified by the Borough. Upon failure to comply with the provisions of this section, and after 30 days written notice to the property owner and the permittee, the performance bond shall be forfeited and the City will abate the temporary structure by removal and/or demolition. E. Uniform Conditions. All structures intended for temporary use must meet the following conditions: (1) Only occupancies in Group A, Division 4; Group B, Division 2; and Group M, as set forth in the Uniform Building Code shall be allowed; (2) Use of temporary structures shall be limited to commercial, industrial, parks, recreation or institutional zoning districts; ordinance 573 6 8/10/93 DRAFT (3) Except for tents, the size of the structure shall not exceed 1,000 square feet, nor be more than one story in height; (4) All temporary buildings must meet structural requirements in regard to type of materials, spans and stresses as are determined to be safe by the Building Official; (5) The structure shall have setbacks from property lines and adjacent buildings as required by the Zoning Code, but not less than 10 feet; (6) All temporary structure uses must comply with all other applicable laws, codes and regulations, including the Americans with Disabilities Act; (7) Mobile homes and trailers intended for use must be of manufactured design. Homemade mobile homes or trailers shall not be allowed. (8) The structure shall be removed from the approved location on or before the expiration date of the permit; F. Planning Commission Findinas. This local amendment to the Uniform 17 Building Code has been enacted to enable the erection of temporary structures for limited periods of time, but also to preserve land values, to foster civic beauty, to encourage high quality community development and to strengthen the local economy. The granting of a special permit for temporary structures shall be supported by findings of the Planning Commission that the use will promote the general welfare of the community and will not adversely affect public health or safety or the physical and aesthetic well-being of existing land uses within the community. A permit for a temporary structure shall not be approved if the Planning Commission finds that the proposed use will: (1) Injure or endanger the welfare, health or safety of others; or (2) Create offensive odors or noise; or (3) Interfere with, obstruct or tend to obstruct or render dangerous for passage any public street, highway, sidewalk, stream, ditch or drainage; or (4) Render other persons insecure in life or use of property; or (5) Interfere with the comfortable enjoyment of life and property, or (6) Tend to depreciate the value or appearance of property of others. .7 Ordinance 573 7 a/10/93 DRAFT G. Sgecial Conditions. The Planning Commission may attach such special conditions to the permit as it may determine necessary to mitigate public -- perceptions of adverse affects upon the community. H. Postiog Gf Permit. A permit for a temporary structure shall be posted in a conspicuous place on the exterior of the structure to facilitate enforcement of requirements specified in this section. Ordinance 573 8 8/10/93 DRAFT I �- 3-A 1991 UNIFORM BUILDING CODE TABLE NO.3-A—BUILDING PERMIT FEES TOTAL VALUATION FEE S 1 .00 to $500.00 S 15.00 S501.00 to S2.000.00 S 15.00 for the first S500.00 plus $2.00 for each addi- tional S 100.00 or fraction thereof, to and including S2.000.00 S2.001.00 to S25,000.00 S45.00 for the first $2,000.00 plus $9.00 for each addi— tional S1.000.00 or fraction thereof, to and including S25.000.00 $25.001.00 to S50.000.00 $252.00 for the first 525.000.00 plus S6.50 for each additional S 1.000.00 or fraction thereof, to and includ- ing $50.000.00 S50.001.00 to S 100.000.00 $414.50 for the first $50,000.00 plus $4.50 for each addi- tional S1.000.00 or fraction thereof, to and including S 100.000.00 S 100.001.00 to S500.000.00 S639.50 for the first S 100,000.00 plus S3.50 for each ad- ditional S1.000.00 or fraction thereof to and including S500.000.00 S500.001.00 to S2.039.50 for the first S500.000.00 plus S3.00 for each S 1.000.000.00 additional S 1.000.00 or fraction thereof, to and including S1.000.000.00 $1,000.001.00 and up S3.539.50 for the first S 1.000.000.00 plus $2.00 for each additional S1.000.00 or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours ............. S30.00 per hour' (minimum charge —two hours) 2. Reinspection fees assessed under provisions of Section 305 (g)..................................... S30.00 per hour" 3. Inspections for which no fee is specifically indicated ....... S30.00 per hour* (minimum charge —one-half hour) 4. Additional plan review required by changes, additions or revisions to approved plans ......................... S30.00 per hour* (minimum charge —one-half hour) *Or the total hourly cost to the jurisdiction. whichever is the gteatesL This cost shall include supervision. overhead. equipment. hourly wages and fringe benefits of the employees in- volved. * The hourly cost of inspections is presently $60.00 per hour pursuant to the contract with Kluge & Associates. A request for proposals for a new building inspection contract will advertised after Ordinance 573 is enacted. 20