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HomeMy WebLinkAbout1994-08-03 Council PacketKenai City Counci i Meet ing Packet August 3, 1994 AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 3, 1994 7:00 P.M. KENAI CITY COUNCIL CH~MBERS BOARD OF ~DJUSTMENT HEARING - Appeal of Donald Aase ]%. C.ALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS 1. Ordinance No. 1601-94 - Prohibiting the Parking or Operating of Motor Vehicles in any State or City ~ Maintained Road Right-of-Way Which has been Landscaped, Seeded or Improved in a manner not Intended for Vehicular Traffic. 2. Resolution No. 94-46 - Awarding the Bid for One 4-Door Fire Department Sedan to Alaska Sales and Service for a Lump Sum Amount of $19,947.00. 3. Resolution No. 94-47 - Formally Accepting FY95 Municipal Matching Grant Number 95/587-4-001 from the State of Alaska, Department of Administration in the Amount of $211,665.00 for a Water Quality/Development Program, and Accepting the Conditions of the Grant Agreement. 4. Resolution No. 94-49 - Transferring $2,401 in the Boating Facility Fund for Additional Money for a Pickup Truck. -1- 5. Resolution No. 94-50 - Supporting the Acquisition of 100 Acres of the Chester Cone Kenai River Property by the Exxon Valdez Oil Spill Trustee Council Under Their Small Parcel Acquisition Program. 6. Resolution No. 94-51 - Awarding bid for pick-up for Street Department to Peninsula Ford for $24,804.00. 7. Resolution No. 94-52 - Awarding/bid for pick-up for boating facility to Craycroft ~ysler for $19,401.00 D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of July 20, 1994. . 2. *Board of Adjustment Hearing of July 20, 1994 - Marion. Nelson. F. CORRESPONDENCE OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1602-94 - Increasing Estimated Revenues and Appropriations by $3,636 in the General Fund for Additional State Revenue Sharing. 4. Discussion - Kenai Peninsula Borough Ordinance 94-31: Authorizing a Revision of Grant and Reappropriation of Grant Funds for Central Peninsula Solid Waste Site Leachate/Wash Water Lagoon, the Northern Peninsula Solid Waste Transfer Facility and the Kenai Solid Waste Transfer Facility Projects. 5. Discussion - Basin View Subdivision Paving L.I.D. -2- ]%DMINISTRATION REPORTS le 2. 3. 4. 5. 6. 7. Mayor City Manager Attorney City Clerk Finance Director Public Works Director Airport Manager J. DISCUSSION 1. Citizens 2. Council (five minutes) K. ADJOURNMENT -3- BOARD OF ADJUSTMENT HEARING AUGUST 3t .1994 DONALD ]%ASE APPEAL ADD TO BOARD OF ADJUSTMENT PACKET: ITEM BA-3: · j. 7/29/94 DEC letter to Ed Lowry (received 8/1/94). k. Donald Aase letter to City Council (received S/3/94). ***************************************************************** CLERK CLERK MAYOR' S REPORT AUGUST 3, 1994 COUNCIL MEETIN~ .,C, HAN~ES TO THE COUNCIL MEETIN~ A~ENDA ADD: Information Item 12. Alaska Journal of Commerce article, $ / 1/94, ..Midrex Plans Fall Announcement REOUESTED ~Y.' MANNINEN ADD: CHAN~ES TO THE.,,CONSENT A~END]% C-8. '1994 ~ames of Chance and Contests of Skill Permit Application - Alaska Special Olympics, Inc. (Annual Golf Tournament & Golf Ball Float 8/13/94) ADDITION REOUESTED BY___[.' CLERK .MAYOR'S REPORT DISCUSSION 1. Lake Clark National Park 2. Fire Training Grounds 3. Brick pavers in Leif Hansen Memorial Park D: VdP51 \M I NUTE S \AGENDA \83 94MA YR. RP T 0 CITY OF KENAI Suggested by: City Cou.~.. ORDINANCE NO. 1601-94 AN ORDINANCE OF THE COUNCIL OF THE CITY OF I~NAI, ALASKA, PROHIBITING THE PARKING OR OPERATING OF MOTOR VEHICLES IN ANY STATE OR CITY MAINTAINED ROAD RIGHT-OF-WAY WHICH HAS BEEN LANDSCAPED, SEEDED OR IMPROVED IN A MANNER NOT INTENDED FOR VEHICULAR TRAFFIC. WHEREAS, the parking and operating of motor vehicles in improved fights-of-way creates a public safety hazard and is detrimental to the aesthetics of the City of Kenai; and WHEREAS, a mechanism is neexted to prohibit the operation and parking of vehicles in improved fights-of-way; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE CITY OF KENAI CODE OF ORDINANCES IS HEREBY AMENDED TO INCLUDE KMC 13.30.025 WHICH SHALL READ AS FOLLOWS: 13.30.025 MOTOR VEHICLE USE IN IMPROVED RIGHTS-OF-WAY: (a) It shall be unlawful for any person to operate or park a motor vehicle in the City of Kenai on any city or state road fight-of-way that has been landscaped, seeded, or otherwise improved in a manner not intended for vehicular traffic. (b) The term "motor vehicle" shall mean a vehicle which is designed to be self-propelled excluding vehicles designed to be propelled by human or animal power. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this ,1994. day of ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk (07/12/94) Introduced: Adopted: Effective: July 20, 1994 August 3, 1994 September 3, 1994 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-77[ TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 To~ From: Date: Chief Morris, Police Chief Thomas J. Manninen, City Manager July 15, 1994 Blue Truck Parked on the Highway in Front of the Photo Mart Next to the Uptown Motel Please check into the truck, car and sign in front of the photo business. The City Council wants a report at the next Council meeting and what progress has been made to make the owners move the vehicles and not park them there again. In relation to this, you, Cary Graves and I need to meet prior to the next Council meeting on the 20th and report back to the Council with either an enforcement mechanism or a code revision/amendment ready for Council action in regard to off-road/on-road vehicles parked or operating on rights of ways. Let's meet Monday morning at 10:00 and discuss and review this issue and also the issue on large double bottom construction vehicles speeding through town the past two weeks. As an aside to Dan Morris- You go on vacation and it seems like the bottom falls out. We have 100 mile an hour chases, B & E's (at least five of them), Kenai Spur Highway caving in and construction trucks speeding through town. Welcome Back! cc: Cary Graves, City Attorney Suggested by- Administrati, City of Kenai RESOLUTION NO. 94-46 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR ONE 4-DOOR FIRE DEPARTMENT SEDAN TO ALASKA SALES AND SERVICE FOR A LUMP SUM AMOUNT OF $19,947.00. WHEREAS, the City of Kenai received four (4) bids for the above mentioned vehicle from the following firms- Peninsula Ford Alaska Sales & Service Cal Worthington Ford of Alaska Nye Frontier Ford Inc. $ 21,769.00 $ 19,947.00 $ 17,281.00 $ 22,354.50 WHEREAS, Cal Worthington Ford of Alaska submitted the lowest bid; and WHEREAS, Cal Worthington Ford of Alaska's bid does not meet minimum bid specifications; and WHEREAS, the City of Kenai Fire Department recommends awarding the bid to Alaska Sales and Service for the total bid amount of $19,947.00. WHEREAS, the Council of the City of Kenai feels that it is in the best interest of the City of Kenai to award this bid to Alaska Sales and Service; and WHEREAS, sufficient funds are available. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for one 4-door fire department sedan be awarded to Alaska Sales and Service for a lump sum amount of $19,947.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this ~ day of J~y, 1994. jOhn J. "Williams, Mayor ATTEST. - Approved by Finance: . . Written by Kenai Fire Department- CITY OF KENAI FIRE DEPARTMENT 105 SOUTH WILLOW STREET KENAI, ALASKA 99611 (907) 283-7666 ~EYENTION KENAI TO: Thomas J. Manninen, City Manager FROM- ~ David C. Burnett, Fire Chief , DATE' July 18, 1994 .... .::,~r. ...... .... SUBJECT: 4-DOOR FIRE DEPARTMENT?iSEDAN . .~, .7;!: . ..~.: The bid opening for the 4-.dO0~iii~;fire department sedan was conducted at approximately 3-00 p.m ..... On. Friday, July 15, 1994. The Department sent bid specifications to the following manufacturers: PENINS~ FORD :- 43965 STERLING ~ ! ' . SOLDOTNA, AK 99669 44055 STERLING HWY. '.-~,..,, SOLDOTNA, AK 99669 ALASKA SALES & SERVICE ATTN' Fleet Dept. 1300 E. 5th Ave. Anchorage, AK 99501 WORTHINGTON FORD OF ALASKA ATTN: Mr. Richard Nipp, Fleet:.i~.Dept. 1950 Gamble Anchorage, AK 99501 NYE FRONTIER FORD INC. ATTN: Mr. Mike Lagg, Manager 2701 E. Mt. Village Drive Wasilla, AK 99654 Of the above list, the City received four (4) bids (see attached bid tabulation sheet). The bid?f.rom Alaska Sales & Service met and exceeds full specifications, isi.':.? without exceptions, and is below the budgeted range of $25,000.00 by the amount of $5,053.00. Although Cal Worthington Ford submitted the lowest bid which is $2,666.00 less than the bid submitted by Alaska Sales and Service, there were exceptions which do not meet the minimum bid specifications. Exceptions include a local repaint of the vehicle Car Bid July 18, 1994 Page 2 and the following items are substandard to the bid spec's: suspension system, brake system, single exhaust system, interior material and color, cooling system, and the electrical system. Cal Worthington Ford was contacted regarding their bid, however, no alternate bid or upgrading was offered. I recommend we submit a resolution to accept the bid in the amount "of $19,947.00, submitted by Alaska Sales & Service, Inc. as the lowest bid received which meets and exceeds specifications. As the Council packets for July 20, 1994 were completed prior to the bid opening, I am requesting the resolution to award this bid be hand carried to the Council meeting on July 20, 1994. Let me know if any further information is needed. attachments cc- Charlie Brown, Finance Director Suggested by: Administration CITY OF KENAI RESOLUTION NO. 94-47 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FORMALLY ACCEPTING FY95 MUNICIPAL MATCHING GRANT NUMBER 95/587-4-001 FROM THE STATE OF ALASKA, DEPARTMENT OF ADMINISTRATION IN THE AMOUNT OF $211,665.00 FOR A WATER QUALITY/DEVELOPMENT PROGRAM, AND ACCEPTING THE CONDITIONS OF THE GRANT AGREEMENT. WHEREAS, the State of Alaska has offered the City of Kenai a grant in the amount of $211,665.00 to help our water quality/development program, and WHEREAS, the State requires that the Kenai City Council formally accept the grant and the conditions of the grant by ordinance or resolution, and WHEREAS, the grant agreement with Form A and Form B is attached to this resolution and is approved by the Kenai City Council. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City formally accepts FY95 Municipal Matching Grant Number 95/587-4-001 from the State of Alaska, Department of Administration in the amount of $211,665.00 for a water quality/development program, and accepts the conditions of the grant agreement. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of August, 1994. ATTEST: John J. Williams, Mayor Sheryl A. Paulsen, Acting City Clerk Approved by Finance: C~ _.. Written by Public Works: ~ 7/94/kw STATE.~OF ALASKA DEPARTMENT 'OF 'ADMINISTRATION MUNICIPAL CAPITAL PROJECT MATCHING GRANT PROGRAM GRANT'AGREEMENT" This agreement is executed between the State of Alaska, Department of Administration, (hereinafter called the "State") and City of Kenai, (hereinafter called the "Grantee"). WITNESSETH that:' Whereas, the _Grantee is willing to undertake the performance of this grant under the terms of this agreement; and. Whereas,. the .Grantee has the authority under state law*or local charter to provide the services for which funds were appropriated; and Whereas, the-State has the authority to enter into this agreement under AS 37.06.010; and. ..-~. _ Whereas, this agreement contains a g.r.ant allocation statement (Exhibit 1), submitted by the Municipality, stating the purpose of the grant as well as the budget proposals. This grant allocation statement is the-project application submitted by the_Municipality to-the Governor's OffiCe..of Management and Budget (Forms A and B). Once.this agreement is signed by both the Grantee and' the State, Exhibit 1 becomes a binding part of this agreement; and Whereas, the grant number is the state share is '~he local sham is the grant purpose is 95/587~4-001 $211,665.00 · $90,714.00 water quality/development program Therefore, the parties to this agreement agree as follows: ARTICLE i GRANT CONDITIONS The Grantee will: (1) spend the grant only for the purposes specified above; (2) contribute the local sham, as set out above, to the cost of this project and identify the amount and the source of the local sham. Local sham sources may include: a. federal, municipal or local money; b--labor, land, materials and equipment used directly in the construction of the project. The grantee acknowledges that approval of the project grant is contingent upon provision of the local sham as required by AS 37.06.030; (3) comply with State and federal guidelines to determine the value of land, labor, materials and equipment used to satisfy the local sham requirements and submit appropriate documentation to vedfy the information as follows: a. the value of labor contributed as local sham will be determined by the prevailing wage standards established by the Department of Labor, rev. 06113194 (4) (5) (6) (7) (8) (9) (10) (11) (12) de-- b. the value of materials contributed will be based on: (1) prevailing market costs of new or used materials, (2) the municipality's internal rates for the purchase of similar materials based on the municipality's contracts, leases, and invoices dudng the preceding two fiscal years, or (3) a negotiated agreement between the department and the municipality; c. the value and rental rates of equipment will be based on' (1) the prevailing values and rental rates for equipment contained in the current editions of industry standard manuals, (2) the municipality's internal rates for the purchase, lease, or rental, of similar equipment based on the municipality's contracts, leases,'and invoices dudng the preceding two fiscal years, or' (3) a-negotiated agreement between the department _and.. the. municipality; and the-value of land will be based on the following: (1) land contributed as local sham will be determined as equivalent to the total local sham required for the project if the municipality's required local share pementage for the capital project is less.than or equal to ten percent, or (2) as the value established through an-independent appraisal (appraisal to be paid by the municipality), if the municipality's required local sham percentage for the capital project is greater than ten percent;, not charge more than ten percent of the grant for administrative expenses .for grants pertaining to land acquisition, or-pertaining to the planning,.: design, construction or repair of a building. For grants relating to 'the--- purchase ?'of equipment or equipment repairs, the grantee may not charge more than .five percent of the grant for administrative expenses. If the grantee provides grant money to another recipient, the grantee will not retain any of the grant money for administrative expenses; comply with the Department of Labor hiring preference requirements for capital construction projects under 36.10.150 - 36.10.175 including the municipality's agents, contractors, and subcontractors; attach to the grant agreement a copy of the local resolution approving the capital project and accepting the grant agreement provisions; for all grants for construction of a public facility, operate and maintain the facility for its practical life; allow, on request, an audit by the State of the uses made of the grant and recognize that 2 AAC 45.010 establishes specific audit requirements; assure that, to the extent consistent with the purpose of the appropriation, the facilities and services provided with the grant will be available for use of the general public; repay to the State money drawn from its individual grant account if substantial, ongoing work on the capital project has not begun within five years of the effective date of the funding appropriation; submit monthly, until the project is completed, a municipal matching grant financial report on forms provided by the State, regardless of whether or not expenditures have been made. A final report is due within 90 days of project completion; retain for a pedod of three yearn after project completion all contracts, invoices, materials, payrolls, personnel records, conditions of employment, and other data (13) (14) (15) (16) relating to matters covered by the grant; return all unexpended grant monies to the State within 90 days of completion of the project; not expend any of the grant monies or earnings from the grant for the purpose of lobbying activities before the Alaska State Legislature; comply with the minimum wage and employment provisions of Alaska's public construction contract law as set out in AS 36.05.010 (copies of which are available through the Department of Labor); and comply with the Americans with Disabilities Act (42 U.S.C. 12101) and ensure that the grantee's sub-grantees or contractors also comply with the ADA provisions. ARTICLE-Il' 'CERTIFICATION (a) (b) by .signing this agreement, the grantee certifies that it will not look to the State to operate or maintain the facility or pay for its operation and maintenance; and this-Article does not apply to a grant for money for repair or improvement of an existing facility operated or maintained by the State at the time the g.rant is accepted if the repair or.improvement fore-which the grant is made will not,._in-the opinion of the State, substantially increase the operation or maintenance costs to the State. ARTICLE .!11 TERMS OF-PAYMENT' Twenty percent of the grant will be paid to the grantee as an advance within 10 days of the effective date of this agreement. Affor the entire advance is expended, further periodic payment~ will be. made upon proof by the grantee that it has incurred expenses reimbursable under this agreement. The State will make periodic payments under this Article based on financial reports signed by the Mayor or persons designated in writing by the Mayor as authorized to sign. If a municipality is under a Manager form of government, the State will reimburse from financial reports 'signed by the Mayor or Manager or persons designated in writing by the Mayor or Manager as authorized to sign. If the local share is to be met with cash, expenditures shall be prorated between the State and local sham based on the grantee's local sham pementage. If the local share is to be met by means other than cash, the State shall withhold the final 20 percent (20%) of the grant amount until the local sham is met. ARTICLE 'IV TERMINATION OF 'AGREEMENT The State, by written notice, may terminate this agreement, in whole or in part, for substantial breach of the grant agreement. On termination, the State may seek to recover all monies previously paid to the grantee under this agreement. ARTICLE V ADHERENCE TO LOCAL, STATE, AND FEDERAL LAWS Signing of this agreement does not, in any manner, excuse the grantee of this grant from any other law, Alaska state statute or municipal code ordinance or regulation. The grantee must in all cases adhere to all local, State or federal laws that pertain to public funds. 3 rev. 06/13194 ARTICLE VI. EFFECTIVE DATE, The effective date of this grant is the date this agreement is signed by the State. The effective date of the funding appropriation is July 1, 1994. IN WITNESS WHEREOF, the parties have executed this Grant Agreement. Approved by Ordinance/Resolution # dated FOR THE GRANTEE: Grantee Signature Printed Name Official Title- Date ;OR THE-STATE: Signature -Printed Name _ Official Title Date Robert Libbey Commissioner of Administration BUdgeted funds~ are available for the period and purpose of this expenditure. Distribution' [~ _. State [~_ Grantee 4 mv. 06/13~4 , '~ ~t1~ ° ° -'~ ~111 . · , ~ ~111 ~° ~ , ~ ~ 0111 ~., m ,., · . ~, 'I! ~ ~" < .. ~ I I ~ ' " le e e CITY OF KENAI MUNICIPAL CAPITAL PROJECT FY95 MATCHING GRANT PROGRAM FORM B PROJECT DESCRIPTION PROJECT NAME: Water Quality/Development PROJECT DESCRIPTION: The City of Kenai is presently working with a consulting engineer and well drilling company to help solve our water quality and system delivery problems. The results of the "Kenai Water System Study' will help the City determine what are the best solutions and thus, how to spend this grant. The City has a color and turbidity problem with our water. There are also flow and pressure problems in certain areas, especially near dead-end lines, that may contribute to the color, turbidity, and odor in our water. The study will help us determine improvement altematives such as: A.- New transmission water lines which loop existing dead-end lines and provide better flow ancl pressures. B. Ideal locations for new wells which would provide cleaner water and better flow characteristics for our water system. C. Increased system pressures at the wellhouses. The City's consulting engineer is just starting this water study and it is scheduled for completion in March, 1994. Funding for this study has already been appropriated using City funds and is not part of this grant application. The duration of this project would depend on the results of the study but I would estimate the construction would only take one construction season. LOCAL SHARE: The local share on this project, estimated at $220,660, would come from local cash. SUGGESTED BY: Council City of Kenai RESOLUTION NO. 9 3-7 4 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE CITY OF KENAI'S ENDEAVORS TO ACQUIRE GRANTS THROUGH THE GOVERNOR'S MUNICIPAL CAPITAL PROJECT MATCHING GRANT PROGRAM (AS 37.06). WHEREAS, the Kenai City Council, at its work session of August 26, 1993 and regular meeting of September 1, 1993, discussed Governor Hickel' s Municipal Capital Project Matching Grant Program (AS 37.06); and, WHEREAS, at the September 1, 1993 Council Meeting, the Kenai City Council by motion, determined to apply for two grants for FY94 and FY95 funding. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai supports its involvement in applying for two grants through the Governor's Municipal Capital Project Matching Grant Program (AS 37.06) as follows: FY94 Total Project · Local ~ount 8h&re ~oun~. 95' Aerial Platform Fire Engine $525,000 $310,329 $214,671 FY95 Water Quality/Development $6~0 ,-000 $220,660 $429,340 Program PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of September, 1993. H. RA~fMON~ MEASLES, 9ICE MAYOR ATTEST: carol L. Freas,-City Cler~ clf WALTER J. HICKEL, GOVERNOR DEPARTMENT OF ADMINISTRATION DIVISION OF ADMINISTRATIVE SERVICES P. O. BOX 110208 JUNEAU, ALASKA 99811-0208 PHONE: (907)465-2277 FAX: (907) 465-2135 Mayor John VVilliams City of Kenai 210 Fidalgo Avenue Kenai, ^K 99611 Dear Mayor VVilliams: July 20, 1994 The Department of Administration is pleased to ~;otify you of your allocation of capital funds under the Municipal Capital Project Matching Grant Program. The attached packet contains: Municipal Matching Grants Account Balances chart, showing account balances as of June 30, i 994, interest earned, the allocation for FY 95, project amounts, and the balance as of July 1, 1994. Grant agreements for your FY 95 projects under this program (AS 37.06.010). Them are 2 copies of the agreement for each project. Your municipality must pass an ordinance or resclution formally accepting the grant and sign both copies of the agreement to indicate acceptai~c¢ of the grant a-.d its conditions. This is a separate resolution or ordinance from tha one you s,:bmitted to OMB .v!~.h your project Ii:t. Send both original copies of the signed grant agreeme,qt a:;d a copy of [he accepting ordinance or resolution to this office. These proceciures must be ~,ompleted before any payment of grant funds will be made. Upon receipt of the above documents, we will begin processing the grant agreement. Once approved, we will mail a warrant for 20% of the grant amount and return a copy of the signed grant agreement for your records. Please remember that these funds may only be used for the specified purpose of the grant Please also note that copies of invoices and verification of in-kind match must be submitted with your monthly financial reports. If you have any questions or need any assistance, please do not hes:tate to call. My number is 465-5647. Sincerely, .,-'" .'T",,/") ~ ,."/' .f'" Lena L. Simmons Grant Administr.~tor II Enclosures 02-B12LH LU rn I-- Z :::) Z uJ Z_LLI Z LLI , . . ~ ~8 8 8 ~ 8 8 8 8 8 8 8 8 o. ~t8 8 °.8 ~i~ .o ~~8 8 8 ~'~~8~ ~= 8~ 8 ~I8 8 8~i~.~~~ ~ ~ ~ . .~ . . .~ ~ ........ ~ ...... ~ . . .~ ..... , -~~ .... ~,~ 888~8oo:o . . ~ooo~ . . ,~~ , .........................~o 0 ~ ~ 0 ~1 Suggested by: Public Works Administration City of Kenai RESOLUTION NO. 94-49 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $2,401 IN THE BOATING FACILITY FUND FOR ADDITIONAL MONEY FOR A PICKUP TRUCK. WHEREAS, the Boating Facility budget includes $17,000 for a pickup truck; and WHEREAS, the lowest bid for a pickup truck is $19,401; and WHEREAS, the insurance cost allocation has resulted in excess budget money in the insurance account that may be transferred. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Boating Facility From: Insurance To: Machinery & Equipment $2,401 $2,401 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of August, 1994. ATTEST: JOHN J. WILLIAMS, MAYOR Sheryl Paulsen, Deputy Clerk Approved by Finance: ~ ~ (7/28/94) kl SUGGESTED BY: Counci£ City of Kenai RESOLUTION NO. 9 4-5 0 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE ACQUISITION OF~ 100 ACRES OF THE CHESTER CONE KENAI RIVER PROPERTY BY THE EXXON VALDEZ OIL SPILL TRUSTEE COUNCIL UNDER THEIR SMALL PARCEL ACQUISITION PROGRAM. WHEREAS, a trust fund was established after the Exxon Valdez oil spill for the purpose of restoring property impacted by the oil spill and for establishing a habitat protection acquisition program; and, WHEREAS, Mr. Cone's property meets the acquisition program criteria primarily because it includes rearing habitat for sockeye and pink salmon, Dolly Varden, bald eagles, common murre and tidal organisms important to the support of those particular species; and, WHEREAS, Mr. Cone is a long-time resident of the City of Kenai, having homesteaded on the Kenai River many years ago; and, WHEREAS, Mr. Cone has tried to sell his river-front property but has been unsuccessful because of restrictions on the use of wetland property; and, WHEREAS, Mr. Cone is 80 years old; therefore, time is of the essence and an expedited review should be performed; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the following- The Council of the City of Kenai unanimously supports the acquisition of Mr. Cone's Kenai River property by the Exxon Valdez Oil Spill Trustee Council and asks the Trustee Council to proceed with an expedited review of Mr. Cone's application. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of August, 1994. ATTEST: John J. Williams, Mayor Sheryl A. Paulsen, Acting City Clerk /sp Suggested by: Administration CITY OF KENAI RESOLUTION NO. 94-5~. A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR A PICKUP TRUCK FOR THE STREET DEPARTMENT TO PENINSULA FORD FOR A TOTAL AMOUNT OF THE BASIC BID OF $24,804.00. WHEREAS, the City of Kenai received the following bids for the above mentioned pickup truck on July 28, 1994: BIDDER BASIC BID Peninsula Ford $24,804.00 Hutchings 26,120.63 ADD. ALT. NO. 1 $1,438.00 1,381.00 ADD. ALT. NO. 2 None None WHEREAS, Peninsula Ford bid a 1995 Ford F350 pickup, and WHEREAS, the basic bid is for a Pickup Truck with Plow, additive alternate no. 1 is for an aircraft (FAA) radio, and additive alternate no. 2 is for additional special corrosion protection, and WHEREAS, the Airport Manager does not feel the aircraft (FAA) radio needs to be purchased at this time and therefore award of additive alternate no. 1 is NOT included in this resolution, and WHEREAS, the additional special corrosion protection system is not necessary, and therefore award of additive alternate no. 2 is NOT included in this resolution, and WHEREAS, Peninsula Ford ' s bid meets most of the bidding specifications, and WHEREAS, sufficient funds are available, and WHEREAS, the Council of the City of Kenai has determined that awarding this contract to Peninsula Ford for the basic bid is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for a Pickup Truck for the Street Department be awarded to Peninsula Ford for the total amount of the basic bid of $24,804.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of August, 1994. ATTEST: JOHN J. WILLIAMS, MAYOR Sheryl A. Paulsen, Acting City Clerk Approved by Finance: Written by Public Works /kw/7/28/94 MEMORANDUM TO: Kenai City Council THROUGH: TOm Manninen, City Manager FROM- Keith Kornelis, Public Works Director DATE: July 28, 1994 FOR: City Council meeting of August 3, 1994 SUBJECT: Street Pickup Bid - Dock Pickup Bid I opened the pickup bids today at 2:00 p.m. BOATING FACILITY/DOCK- BUDGET $17,000 Craycroft "94" Dodge Ram 1500 Peninsula Ford "95" Ford F150 Hutchings Chevy $19,401.00 19,981.00 20,507.77 We are $2,401.00 over the budget. Charlie told me the dock insurance this year is going to be $3,768.00 instead of the $18,000 budgeted so we will have $14,232 in excess in Dock- Insurance. I would recommend transferring $2,401.00 from Machinery and Ec~ui=ment to cover the cost. _ _ _ Dock- Insurance to Dock- I recommend we award the Dock pickup to Craycroft for a 1994 Dodge Ram 1500 for $19,401.00. Exceptions that we can live with include LT225175R16 tires, cloth bench seat, 600 amp battery, white exterior and blue interior, standard heater, standard radiator, no cab roof clearance marker lights, and 1 year/12,000 mile warranty with 7 year/70,000 mile power train warranty. Another plus is that this truck is in stock and available now. I also recommend .we do not accept additive alternate no. 1, which is furnishin; an FAA radio. Since this truck is used by the street department on the airport in the winter time, I thought we might get a price for an FAA radio so we would have an option to purchase one. The Assistant Airport Manager gave us the radio specification for the F~ Page 1 radio, which was Bendex/King Model KY97A. The bid for additive alternate no. 1 was $1331.40. The Airport Manager suggests waiting to purchase the FAA radio. The bid did not include installing the radio so we can easily wait and may get it cheaper if the car dealer marked up the cost for handling. Since Dodge has adequate corrosion protection, I recommend we DO NOT accept additive alternate no. 2 which was to provide additional corrosion Protection. STREET PICKUP AND PLOW- BUDGET $25,000 Peninsula Ford "95" Ford F350 $24,804.00 Hutchings Chevy 26,120.63 Peninsula Ford's basic bid was for a 1995 Ford F350 4 x 4 with plow for $25,817.00. The bid for additive alternate no. 1, which is the FAA radio, was $425.00. When I saw this Iow price for the FAA radio, I suspected they had made a mistake. Peninsula Ford had put the cost of the FAA radio, $1438.00, in the basic bid instead of additive alternate no. 1. They put the cost of the government radio, $425.00, in as additive alternate no. 1 instead of putting it in the basic bid where it belonged. Therefore, they have agreed to adjust their price as follows: $25,817.00 - 1,438.00 + 425.00 $24,8O4.O0 Basic Bid Take FAA radio out of Basic Bid Add government radio into basic bid New Basic Bid The FAA radio that the Assistant Airport Manager had us specify is a Bendex/King KY97A. Peninsula Ford bid a ICOM Inc., which is a more costly radio. The Airport Manager suggested we address the FAA radios at a later date. We could get a radio that the airport wants at a lower cost. Therefore, I recommend the city does not accept additive alternate no. 1. Peninsula Ford did not bid on the additional corrosion protection so I recommend the city_ does not accept additive alternate no. 2. Peninsula Ford did not have the KPB Tax Compliance form filled out correctly. They have submitted a new properly filled out form. Cary Graves and I feel that not having the form filled out correctly with the bid submitted is an informality that can be waived. The fact that they are in compliance and have paid their taxes is what is important. Exceptions that we can live with include 1 - 650 amp and 1 - 675 amp battery, 95 amp alternator, and 90 days if ordered prior to @/1/94. KK/kw Page 2 Suggested by: Administration CITY OF KEN&I RESOLUTION NO. 94-52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR A PICKUP TRUCK FOR THE BOATING FACILITY DEPARTMENT TO CRAYCROFT CHRYSLER FOR A TOTAL AMOUNT OF THE BASIC BID OF $19,401.00. WHEREAS, the City of Kenai received the following bids for the Dock pickup truck on July 28, 1994: BIDDER BASIC BID Craycroft Chrysler $19,401.00 Peninsula Ford 19,981.00 Hutchings 20,507.77 ADD. ALT. NO. 1 ADD. ALT. NO. 2 $ 1,331.40 $ 287.00 425.00 None 1,381.00 None WHEREAS, Craycroft Chrysler bid a 1994 Dodge Ram 1500 pickup, and WHEREAS, the basic bid is for a Pickup Truck, additive alternate no. 1 is for an aircraft (FAA) radio, and additive alternate no. 2 is for additional special corrosion protection, and WHEREAS, the Airport Manager does not feel the aircraft (FAA) radio needs to be purchased at this time and therefore award of additive alternate no. 1 is NOT included in this resolution, and WHEREAS, the .additional special corrosion protection system is not necessary, and therefore award of additive alternate no. 2 is NOT included in this resolution, and WHEREAS, Craycroft Chrysler's bid meets most of the bidding specifications, and WHEREAS, sufficient funds are available, and WHEREAS, the Council of the City of Kenai has determined that awarding this contract to Cra¥croft Chrysler for the basic bid is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for a Pickup Truck for the Boating Facility Department be awarded to Craycroft Chrysler for the total amount of the basic bid of $19,401.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of August, 1994. ATTEST: JOHN J. WILLIAMS, MAYOR Sheryl A. Paulsen, Acting City Clerk Approved by Finance: C~ ~ Written by Public Works~;~~ /kw/7/29/94 ~ MEMORANDUM TO: Kenai City Council THROUGH: Tom Manninen, City Manager FROM- Keith Komelis, Public Works Director DATE: July 28, 1994 FOR' City Council meeting of August 3, 1994 SUBJECT: Street Pickup Bid - Dock Pickup Bi_d I opened the pickup bids today at 2:00 p.m. BOATING FACILITY/DOCK- ~lJ_13 _c._l='i' $17,000 Cmycroft '94" Dodge Ram 1500 Peninsula Ford "95" Ford F150 Hutchings Chew $19,401.00 19,981.00 2O,5O7.77 We are $2,401.00 over the budget. Charlie told me the dock insurance this year is going to be $3,768.00 instead of the $18,000 budgeted so we will have $14,232 in excess in Dock- Insurance. Machinery and Equipment to cover the cost. $19,401.00. Exceptions that we can live with include LT225175R16 tires, cloth bench seat, 600 amp batterg, white exterior and blue interior, standard heater, standard radiator, no cab roof clearance marker lights, and 1 year/12,000 mile warranty with 7 year/70,000 mile power train warranty. Another plus is that this truck is in stock and available now. time, I thought we might get a price for an FAA radio so we would have an option to purchase one. The Assistant Airport Manager gave us the radio specification for the F~ Page 1 radio, which was Bendex/King Model KY97A. The bid for additive alternate no. 1 was $1331.40. The Airport Manager suggests waiting to purchase the F/La, radio. The bid did not include installing the radio so we can easily wait and may get it cheaper if the car dealer marked up the cost for handling. Since Dodge has adequate corrosion protection, I recommend we DO NOT accept additive alternate no. 2 which was to provide additional corrosion protection. STREET PICKUP AND PLOW- BUDGET $25,000 Peninsula Ford Hutchings "95' Ford F350 Chew $24,804.00 26,120.63 Peninsula Ford's basic bid was for a 1995 Ford F350 4 x 4 with plow for $25'817.00. The bid for additive alternate no. 1, which is the F.a~ radio, was $425.00. When I saw this Iow price for the FAA radio, I suspected they had made a mistake. Peninsula Ford had put the cost of the F~ radio, $1438.00, in the basic bid instead of additive alternate no. 1. They put the cost of the government radio, $425.00, in as additive alternate no. 1 instead of putting it in the basic bid where it belonged. Therefore, they have agreed to adjust their price as follows: $25,817.00 - 1,438.00 + 425.00 $24,804.0O Basic Bid Take FAA radio out of Basic Bid Add government radio into basic bid New Basic Bid The FAA radio that the Assistant Airport Manager had us specify is a Bendex/King KY97A. Peninsula Ford bid a ICOM Inc., which is a more costly radio. The Airport Manager suggested we address the FAA radios at a later date. We could get a radio that the airport wants at a lower cost. Therefore, ! recommend the city does not accept additive alternate no. 1. Peninsula Ford did not bid on the additional corrosion protection so ! recommend the city does not accept additive alternate no. ~. Peninsula Ford did not have the KPB Tax Compliance form filled out correctly. They have submitted a new properly filled out form. Cary Graves and I feel that not having the form filled out correctly with the bid submitted is an informality that can be waived. The fact that they are in compliance and have paid their taxes is what is important. Exceptions that we can live with include 1 - 650 amp and 1 - 675 amp battery, 95 amp alternator, and 90 days if ordered prior to @/1/94. KK/kw Page 2 '1 J UL->'Id- 15'-J4 Ai~sk~ Oelmltll~el]! of Reve,~e Cllafilable GaiT{iflg Divisloll 1-".O. Dux 110440 Ju~eau, Al(: 9BB 1'1.0440 Games of Cl~a~]ce a~td Co~ttests of Skill PERMIT APPLICATION AS 05.15.020 Please read tl'~e instruciio~s before completi~g tl~is application. Ail sections ur tl~e al)l)licatio~ t.ust be co~l)leted NOTICE: GAMING ACI'IVIIIES MAY rlu'r gE CUNIJUCTEU IJl,llll. ]lie PERMIt Is ISSUED. I-~lllllt ~u~ Permit Nunlber 'I I NAME OF ORGANIZATION 2. TYPE OF ORGANIZATION Check o,m box. Ag US, 15.~ Ia. IJ h. ~A~,,~il,~llly IJ k, Pull,:. ef Fbe Dnpn~htm. I m~d Co.,pa.r [.J t. Political [') m. Religious 4. I'Yr'K or OAhlF..~. I. IM hy ,mm. if nlhm limn lhn~e Ilsl~.d. AS 05.2 Iu. ..tnt .,)! h. hold m.m limn IJ l. I_1 ~. R~r~IF. WAL APPLICAIION ACII II,e I.~'/C,-mnl ~Aqk~ roe,al,of si,lit t1,1 (,mini hnvf1-1 IeR~l 2~ nmml,efn) C~I,?nl mlmnd-lqld9 .,,"",,*-~,,.,.~.,,,.,,~ W//t' "~"lmml" ' ' - .... . ~- I · NEW API'LICAI IUU .... I h.,d,.~ flf y.m~ fl,g-,,iz.lio. C,,,,.,,I Al.~ ,..ml~e~l,ll~ Ihl [muff I,~v..I I.~125 ,,,.,,,h.,~) n-,~,l'lt.nce ami e e"l'Y z.liq.., il -pplie.blq. . l),)em,,e.lnlh)n ~h~h,u mg~hl~.lh., I,n~ hem, h, ~xi~lc,,q~ h, ~.~ II.ce O.md ~ es(d.li., or mi, mica ~ppohdi.g Ihe ...................... ! Ira,,, nt,I mnili,g nd, hes,~ of r.lallofml Otgn,lzallo, (Ir nppflcnble): Es IIMAIEU DROSS RECEIPTS DUEINr. t. PRIOR YEAR FrlOM ALI. GAMII'iG ACTIVITIES $..~C).! Il GROSS fnc~.ll,l..t hn,. ALL (h,cludl,,g It!olde C'~Ilu. etc.) 1 Iron Ilio ~}~0. $ Ig,gg9; .r II you ale = Flew Applicmd ............................... ~ZO.~ ~ $~0.~. $99,g99 ...................................................................... 04-0026 (Rev. 9/93) (1) ,., .... , ..... ......... , ............ ! ..... ll'""li'lm' I'---I~ I~ USe IlIa l)gl oCaa¢i$ IIGm file ~~'ln~al~ln'en'~lf°°d~~l~ ~~ ~ ~ ~/~ ~ll behalf o~ The PRIMARY B, ALT~iATE /Maifi.g ~d,oSs ........ ,~ (Atl~,nddll~n~l p=g0..~ -eedod) .... ~ _ ~- _.. Per,on T.I. pho,e : [4 i.I , ...... , * ,,~ I _. ._., .. ~ ~ , .. · , t 1, orErt~toR (If ~t~y), Il' an opefnh, i~ empIoyF~d Io cot.loci tlw gn.lthg ncllvili~, you mull ptnvkf~ n eo~ Q[ lite conh.cl RovN,tln .1 lee.l 15 dnye bo/of, nelMliel eommm~fl. Yet may Uolihnd witl~ n.ly o.g opofaior al a tbtln fur e~ch f~e of a~m;,,o gclivlly. The mmnho~ w~ hmo bee,t ~flle ~ Ucal]sed Operalor LIc. Ho. ~ - - ~" / Cnpy. ~Colflr3cl/la allaYed.with Opq, glof. r~ Will Im ted ~ es,lifted m~ll .. l~l.r limn 11 day. balgfw Ihs activities-ale eo~uc(ed. , _,:::...- --. U ~ A, Hal o.y poison gated In 9 m 1U above eye boen cof~vlcted of o~ on parole for o felony In Shy ~iale. te.ltor¥, of raleigh countlr~ ~/O, lies any person lifted I. 9 m 10 flbove ave he0rt convicted of = cfhha htvolvhtg theft or dldmnelly,, 0f h~l~ ever been convicted of. vlolnllon In e~ sidle of ii Inu.iclpal. ei.-ite m fmJmtd gnmbli.0 lawt [,~' C. Will otry pgrRon Iinlad In ~) m 111 =boy,, roeelve emtq,e,~t=l;o. ~f .ny kl.d horn lite ~e,;~ll,le ~[ the gar. htg aollvlLla$? It ye,, expIsln. aura that I1~. ~dgl.ol signed gppllealh... I~ f;l.,l wilh Ute DepOllltlOf,l I (lltol.'lle. uhdet l~mnf(¥ of u~.wom f~le|t|eM|nn, Ih-t I lev. e~fl.~h,ed lid* -pp~-tio.. l. af..B.g o.y ntlnd,,,,c,,l~ o,~d llml. 1~ the boal I u.(lelflnlid Iisi .iff felgg qtal~nelll f.oda Oil lids nrpf~ll~t iq pul)l~l~bl, hy bw, I fuflher declare thai I~ c. pia. ur Ih~ gppllcgtloll have been dellvaied lQ Ih ~ o~cg ol Jim clly of ~ough ~ ~ll gte gmnk~g galiviil~e ~fl ~eur. si~.~u,~-:~ .... ~ .... 7' '~;~J ,.~. .............. ~a~e 1 14. CIT R :AT ION. Ynd I,,U,t submit Iwo copl,e of II,E nI.plknl;o, Io lbo clly of b~o~Jt where fire pmpongd g,mhlg ecllvlllee w~l o~ur. bal~, Ihs eomm,j.lly'e al)pfov~l .t. of ohjoeli(m tn, Ihn pmmlt. CAU rlol..l: II Ih;~ sectin, i~ ~ol emf,plelod. 1he pfocass;.g w;fl hn del~ed 15 deye Io snow Ihs cll~ of bafmJgh lime Io raapo.d Io !),;= 51~lure of L~allon O~elnnmn{ Official lllle/Cily Dato rlnled Name of Pereon Wire gig,ad HOTI~; AtlY rAL$~ aTATEMENT MADE O. TilI~PLICATIoN la PUNI3tlABLE BY ~W. . , T~l~plmne Numb,r 04.06;~6 (nav. 9/9:)) TOTAL P. 85 KENAI FIRE FIGHTERS ASSOCIATION CENTRAL PENINSULAS SPECIAL OLYMPICS ANNUAL GOLF TOURNAMENT & GOLF BALL FLOAT AUGUST 13 1994 · ENTRY FEE. $60.00 (INCLUDES TICKET TO GOLF'BALL FLOAT', BEVERAGES AND LUNCH). REGISTRATION FORMS AT KENAI GOLF PRO SHOP OR CONTACT. THE KENAI FIRE FIGHTERS ASSOCIATION AT 283-4136 TWO MAN TEAMS, BLIND DRAW. LATE REGISTRATION 7-7" 30 AM DRAWING AT 7'45 3~ID TEE-OFF AT 8'00 : HOLES 1-9 BEST BALL SCRAMBLE HOLES 10-18 SCOTCH DOUBLES USGA AND KENAI GOLF COURSE RULES SHOTGUN START PRIZES: 1ST PLACE 20% OF 2ND PLACE 15% 3RD PLACE 10% 4TH PLACE 5% KP 5,9,10 & 14 IIIIIIIII!111111111111111 IIii1111111111111111 GOLF BALL FLOAT' IF YOU DO NOT WANT TO PART CAN BE BOUGHT FOR $10.00 Pi GOLF TOURNAMENT TICKETS 500 NUMBERED FLOATING CORRESPOND TO YOUR TICKET) · BALLS WILL BE DROPPED EOUSLY Ii CREEK ON FAIRWA.Y. #1 FIRST FOUR B3~LS TO ~ FINISH LINE AT BRIDGE ON F3~IRWAY '#2 3~RE WINNERS. ASSISTING BALLS IS PRO}{IBITED, EXCEPT VERBALLY RACE BEGINS FOLLOWING THE GOLF TOURNAMENT PRIZES' 1ST PLACE 20% OF MONIES FROM TICKET SALES 2ND PLACE 15% 3RD PLACE 10% 4TH PLACE 5% PLEASE MAKE YOUR TAX DEDUCTIBLE CHECKS TO C.P.S TICKETS CAN BE PURCHASED FROM A MEMBER OF KFFA OR CPSO July 28, 1994 CITY OF KENAI ,, 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 19~Z Lucille Billings 381 Senior Ct. #111 Kenai, AK 99611 RE: APPOINTHENT - COUNCIL ON AGING City of Kenai At their regular meeting of July 20, 1994, the Kenai City Council confirmed your appointment to the City of Kenai Council on Aging. The following information in regard to your appointment is enclosed: 1 KMC Chapter 1 90 entitled, · ' "Standard Procedures for Commissions and Committees.,, 2. Policy regarding boards, commission and committees needing Council approval to request donations from the public and businesses. Council on Aging meetings are held on the second Monday of each month, beginning at 12-45 p.m. at the Senior Center. A meeting agenda and packet will be mailed to you prior to each meeting. If you have any questions, please contact this office. Thank you for your interest in serving the City of Kenai. CITY OF KENAI Sheryl A. Paulsen Acting City Clerk /sp CITY OF KENAI ,, 210 FIDALGO AVE,, SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 July 28, 1994 Loretta Breeden 1602 Barabara Kenai, AK 99611 RE: APPOINTMENT - COUNCIL ON AGING city of Kenai At their regular meeting of July 20, 1994, the Kenai City Council confirmed your appointment to the City of Kenai council on Aging. The following information in regard to your appointment is enclosed: 1. KMC Chapter 1.90 entitled, ,,Standard Procedures for Commissions and committees." 2. Policy regarding boards, commission and committees needing council approval to request donations from the public and businesses. council on Aging meetings are held on the second Monday of each month, beginning at 12:'45 p.m. at the Senior Center. A meeting agenda and packet will be mailed to you prior to each meeting. If you have any questions, please contact this office. Thank you for your interest in serving the City of Kenai. CITY OF KENAI i~~ / , Shery~ A. Paulsen Acting city Clerk /sp City of Kenai, Alaska ~1. ~O.LL CALL PLANNING AND ZONING COMMISSION **AGENDA** July 27, 1994 - 7:00 p.m. Chairman Kevin Walker 210 Fidalgo, Su,,,:, _2; APPROVAL O.F'. AGENDA _3, APPROV.AL OF MINUTES July 13, 1994 4. PLANNING ~ a. Resolution PZ 94-38: Home Occupation Clint Hall- 1615 Toyon Way, Redoubt S/D Resolution PZ 94-39: HEA Landscaping/Site Plan Review Resolution PZ 94-40: Silver Pines S/D, Petersen Addition _, __. B_LIC HEAR!NGS a. Resolution PZ 94-35: Variance - Marion Nelson (request for postponement) 116 Wooded Glen Court . Resolution PZ 94-36: Encroachment - Dan Roberts 694 Sycamore Circle, Woodland S/D f -~. Resolution PZ 94-37: Conditional Use Permit- KPB Transfer Site Tract A, Jettison Junction, Redoubt Blvd. 6. NEW BUSINESS 7, O.L.D BUSINESS 8; COD.E ENFORCEMENT. ITE..M$ 9. REPORTS a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS ....... 12. 13. COMMISSION,COMMENTS & QUESTIONS .ADJOURNMENT I-JJ,L)JKI-) I MC Ki'-NFI ! TO 2~33014 : CITY OF'iKE.AI 5-? --~_ -- .......... mim I mmm ): TOTAL P. 01 ilnOL '" 1. . L 2. i!APPH~~i~ OF AGEND~ .:..' .. ::: .::. · -. ~[ ~[ ~. ~ ..:... ~ .:~ .... ~: ~ ~ :: :~: KENM BEAUTIFICATION CO~IM~WI~E July 19, 1994 *** 1:30 p.m. Couneil Chambe~ Chairwoman Gerry $1mrks ... ii ~iiiii~!~ii~~i:Garden Donation ........ iiii~ ....... ' .~i~ ...... ~:.. i~ .... ~,:,~il ..... ~:C~un......~iiiii!!!~, ,~ii!iii~':' ............................... "~iiiiiiiiii~'~ ............... ... ... ... ... · -. ... · -- ::::::::. :::::::: i .i:.:.;' · ................ i .~':" ..... .... ...'""~:~:~:: ....... ii':.... ':'~:: .:~iiiiii~~' ........ . ...... · Spending Remaining Funds Beautification Committee July 19, 1994 Page I KEN~I BEAUTIFICATION COMMITTEE July 19, 1994 *** 1:30 p.m. Council Chambers Chairwoman Gerry Sparks ***MINUTES*** 1. ROLL C~LL Members present: Loretta Breeden, Gerry Sparks, Nina Selby, Sylvia Johnson, Susan Hett, Jeanene Benedict Also present: Lisa Nichols, Bob Frates, Loretta Harvey 2. ~PPROVAL OF ~END~ Loretta Breeden asked to add Chamber Beautification Judging to the agenda. Sylvia Johnson asked if Beautification could recommend more sidewalks in town, especially the Old Towne area. It was decided this was a Public Works function. MOTION AND VOTE: NINA SELBY MOVED FOR APPROVAL OF ~ENDA AS AMENDED. SUSAN HETT SECONDED. PASSED ~IMOUSLY. 3. ~PPROV~L OF MINUTES June 21, 1994 MOTION AND VOTE: SUSAN HETT MOVED FOR APPROVAL OF THE MINUTES AS PRESENTED. P~BSED UNANIMOUSLY. 4. OLD BUSINESS a. All-America City Garden Donation - Spending Remaining Funds Gerry Sparks said she had brought some receipts for reimbursement. She had spent $100.00 on trollius, $60.00 on roses and lilacs, and $89.94 at Dearmon Nursery. Plus $200.00 had been allotted for flowers from Merle Dean Feldman. The total from the account would be $449.94. The Commission estimated there was approximately $500.00 left to be expended. MOTION ~ VOTE~ Beautification Committee July 19, 1994 Page 2 LORETT~ BREEDEN MOVED TO REIMBURSE GERRY SPARKS AND ALBO $200 TO MERLE DEAN FELDMAN FOR FLOWERS, WITH THE CITY TO REIMBURSE FELDMAN FOR THE BALANCE. NINA SELBY SECONDED. PASSED UNANIMOUSLY. MOTION AND VOTE: LORETTA BREEDEN MOVED TNAT THE REMAI~ER OF THE BEAUTIFICATION FUND, AFTER THE ABOVE REIMBURSEMENTS ARE MADE BE DONATED TO THE PARKS AND REC DEPARTMENT TO OFFSET MERLE DEAN FELDMAN'S FLOWER BUDGET. JEANENE BENEDICT SECONDED. PA~SED ~IMOUSLY. NEW BUBINESS a. Kenai Gardening Show- Susan Hett Susan Hett suggeSted that the Beautification Committee sponsor a gardening show. She felt it would be good advertisement and a fun way to spotlight local flower growers. It could be held any time of year and feature special flowers such as orchids or African violets. Loretta Breeden concurred that it was a good idea and suggested that Susan might contact. Nels Anderson. ~r. Anderson's father was a well known gladioli hybridizer and Nels continues this as a hobby. Breeden also thought a flower fair or flower market, where people could purchase the flowers would be good. MOTION AND VOTE: LORETTA BREEDEN NOMINATED SUSAN HETT TO HEAD UP A COMMITTEE TO EXPLORE AND SET FORTH IDEAS FOR A FLOWER SHOW, FLEA MARKET OR SPECIALITY SHOW. JEANENE BENEDICT SECONDED. P~SSED U1TANIMOUSLY. b. Flower Boxes Kenai Fine Arts Center Gerry Sparks asked what the status was on the flower boxes in front of the Kenai Fine Arts Center. They had requested flower beds after last year's beautification project. Bob Frates said the crews would be working on this in the next few days. Gerry Sparks also thought it would be nice to request that Carrs and K-Mart plant flowers in front of their stores. Jeanene Benedict said this had been discussed once and the stores did not want to complete their landscaping until the Spur Highway was finished. Harvey concurred and said that Landscaping Site Plans for both businesses had been submitted to the Planning and Zoning ) Commission and after the Spur renovation was complete the city will ask the business to incorporate those plans. Beautification Committee July 19, 1994 Page 3 5 C. Judging for Kenai Chamber Beautification Awards Loretta Breeden felt it would be appropriate for the Beautification Committee to recommend three people to judge these annual awards. She thought it would be a good cooperative effort for the Committee and Chamber and perhaps a tree could be planted in honor of the prize winners. This would be good advertisement for both organizations. Gerry Sparks said she had spoken to Laura Measles, Chamber Director about this several months ago and she had agreed it was a good idea. However, it appeared the judging was already set and perhaps Laura had forgotten. Sylvia Johnson reported that she had been called to judge the entries as a representative of the Seniors. Breeden said that perhaps Sylvia could represent both groups. The group thought that maybe this could be pursued again next year. 6. REPORTS ae Nina Selby - VOlunteers Nina reported that seven ladies have been faithfully weeding the flower beds. They were: Peggy Morris, Marty Carson, Susan Hett, Lisa Nichols, Debbie Gage, Jeanette Skinner, and Susan Smalley. Volunteers have also planted lots of flowers around town. Nina said she would be sending each volunteer a thank you note at the end of the season. Breeden suggested a copy of the note be put in the "Applause Section" of the Clarion. b. Parks & Rec Bob Frates reported on the following: Airport Triangle - Several rose bushes have been planted and a there's a new flower bed under the jet. Kenai Art Guild - A rose bed has been planted between the buildings and also 2 honeysuckles. .Lief Hansen Memorial Park - The mock orange trees that died have been replaced with roses. Frates asked that volunteers who weed here put the bags on the sidewalks and not into the trash bins. The trash bins get too heavy with the garbage and weeds in them. Fire Station - A new bed has been established here. Bernie Huss Trail - The crew is busy repairing the exercise stations which had been vandalized. The fence between the trail and Carrs should be finished. Beautification Committee July 19, 1994 Page 4 Senior Center - Frates had spoken to Pat Porter about flower beds at entrance to the center. Porter had suggested that just one corner be planted. She thought cement planters would be easiest for the seniors to maintain. Donated Flowers - There are a lot of donated flowers left at the City Shop. Frates did not think the crew would be able to use all the flowers and was concerned that they would go to waste. The Council had discussed this briefly at their last meeting but no decision had been made. MOTION AND VOTE: JEANENE BENEDICT MOVED TO RECOMMEND TO COUNCIL THAT THE CITY DISPOSE OF THE REI~IND~ OF THIt DONATED FLOI~RIt TO CITY VOLUI~EERIt. LORETTA BREEDEN SECONDED. P&SSED UNANIMOUSLY. c. Gerry Sparks Sparks said this would be her last meeting. She encouraged the Committee to carry forth the Goals & Objectives which were not accomplished in 1994 to 1995. She also suggested that Hostas be planted under the trees by the Fire Station and that a rock garden possibly be developed on the sloped area in Lief Hansen Memorial Park. Jeanene Benedict thank Gerry for all her hard work and dedication to the Committee. Loretta Breeden also thank Sparks for her effort son behalf of the City. The Committee wished her luck in her new endeavors. 7~ PERSONS SC_~_EDULED TO BE H~-aRD 8. OUESTIONS ~_ND CO~MKNTS 9. ADJOURNMENT There being no further business the meeting was adjourned at approximately 2:50 p.m. Next meeting is scheduled for August 9th. Respectfully submitted, , CITY OF KEN/ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 h,l~d 1992 MEMORANDUM DATE: July 22, 1994 TO: ownsate Hmtorae Review Board Membe T · · · · SUBJECT: CORRECT MAILING ADDRESS ~//v It has been brought to my attention by Council that some of you may not have r~eiv~ the packet~ for the last Review B~ard M~t~. Pl~se accept my apologies for any inconvenience this may have caused you. I have enclosed the list of Board Members the City Clerk has on file. Please check and make sure your marling address is correct on this llst and then earl me or the City Clerk to confirm your address. This should alleviate any future problems with meeting notifications. Thank you for your cooperation. ! have also included some information on the Open Meetings Act for your information. TOWNSITE HISTORIC REVIEW BOARD MEMBERS Will Jahrig P. O. Box 51 Kenai, AK 99611 Ethel Clausen P. O. Box 2815 Kenai, AK 99611 Roger Meeks P. O. Box 424 Kenai, AK 99611 Diane Rathman 204 Forest Drive, #17 Kenai, AK 99611 Rose Ann Murphy 1604 Tanaga Avenue Kenai, AK 99611 Karen Mahurin P. O. Box 1073 Kenai, AK 99611 Alan Boraas P. O. Box 702 Kasilof, AK 99833 James A. Arness P. O. Box 1061 Kenai, AK 99611 Dorothy McCard 93 Trumpeter Avenue Soldotna, AK 99669 O: \WP5 I\CLERK\CORRES\TSH . LST Listed below are the pdmary changes (underlined) made in the the Open Meetings Act by Chapter 69, Sl~ 1994. The legislation was signed by the Governor on June 2, 1994. OPEN MEETINGS ACT CLARIFICATIONS Agency materials shall be made available at teleconferences if practicable. The votes shall be conducted by roll call. Regarding executive sessions: adds "the motion to convene in executive session must clearly and with specificity describe the subiect of the proposed executive session without defeating .the purpose of addressing the subiect in pdvate. Action may not be taken in executive session, except to give direction to an attorney or labor ne.qotiator m~ardinq the handlin,q of a specific legal matter or pending labor negotiations. Adds new subject allowed to be discussed in executive session' (4) .matters involving ,c.0nsideration of ,qovemment records that by law are not subiect to public disclosure. Act,does not apply to (additional items):,, (6) staff meeti.n..qs .... includin~ meetinqs 0f employee ~roups established by the Board of Regents of the Universi~ of Alaska... (7)...attendance at national, state, or regional conferences as long as no action or busines~ of the .qovemmental body takes place. Notice of meetings shall be given by pdnt o__r broadcast media and shall be posted. New Sections' Allows action taken in violation of the Act to be voidable by the court. A lawsuit must be filed within 180 days after the date of the action. A member of the body may not be named personally. A governmental body that violates the act may cure the violation by holding another meeting in compliance with notice and other requirements. The section lists items for the courts to consider in voiding an action. . Definitions: govemmental body, meeting, and public entity. Govemmental body - assembly, council, board, commission, committee, or other similar body with authodty to establish policies or make decisions for the public entity. Advisory bodies are covered by the Act except for subsection (f) - which deals with voiding the action taken. Meeting - (A) a gathering of more than three members or a majodty of members (whichever is less). (B) a prearranged gathedng to consider a matter if the body is advisory. Public entity - does not include the court system or legislative branch of government. Sets up a new committee made up of four legislators and two Ethics Committee members to establish guidelines for the legislature. The Legislature shall vote on the the new guidelines within 45 days of the next legislation session. AML Touchstone - July 1994 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 20, 1994 7=00 P.M. KENAI CITY COUNCIL CHAMBERS BOARD OF ADJUSTMENT HEARIN~ - Appeal of Marion Nelson CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Ail items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS 1. Ordinance No. 1599-94 - Increasing Estimated Revenues and Appropriations by $81,584 in the Airport Front- end Loader Capital Project Fund. 2. Ordinance No. 1600-94 - Increasing Estimated Revenues and Appropriations by $210,000 in a New Capital Project Fund Entitled "Airport Sander/Plow Truck." 3. Resolution No. 94-44 - Awarding the Bid for a One- Ton Truck for the Water & Sewer Department to Craycroft Chrysler for the Total Amount of $28,529.00 Which Includes the Basic Bid of $25,889.00 Plus a Truck Plow of $2,640.00. 4. Resolution No. 94-45 - Transferring $9,588 in the Water and Sewer Fund to Add a Plow and Crane to the Pickup Truck which is Appropriated in the FY95 Budget. D. COMMISSION/COMMITTEE REPORTS 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. MINUTES 1. *Regular Meeting of July 6, 1994. F · CORRESPONDENCE OLD BUSINESS 1. Discussion- Acquisition of City Property for Habitat for Humanity. H. NE~ BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. ,Ordinance No. 1601-94 - Prohibiting the parking or operating of motor vehicles in any state or city maintained road right-of-way which has been landscaped, seeded or improved in a manner not intended for vehicular traffic. 4. Approval - Change Order No. 3, Thompson Park Water & Sewer Project/Foster Construction - $795.38. 5. Discussion- Schedule Board of Adjustment Hearing - Appeal of Planning and Zoning Commission denial of application for variance on Lot 1, Block 3, VIP Park Estates, regarding requirement of 40,000 square foot minimum lot size. 6. Discussion- Proposed construction of permanent KPB transfer site at Redoubt landfill location. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager -2- J. D!SCUSSTON 1. Citizens 2. Council (five minutes) K. .ADJOURNMENT -3- INFORMATION ITEMS Kenai City Council Meeting of Jul]~ 20, 1994 1. 7/6/94 Kenai City Council Meeting "To Do" List. 2. 6/23/94 Senators Ted Stevens and John Glenn letters regarding unfunded mandates. 3. Basin View Subdivision Paving Improvements - Request for Proposals. 4. 7/12/94 Mayor Williams' letter to Townsite Historic Board members. 5. July, 1994 Environmental News letter from U.S. Army Corps of Engineers. 6. 7/14/94 Glacier Environmental updated schedule for courthouse site soil remediation and results of soil tests. 7. 7/15/94 Tom Manninen memo to department heads regarding attendance at City Council meetings. 8. 7/14/94 Kevin Walker letter to Jim Ayers (Exxon Valdez Oil Spell Trustee Council) regarding small parcel acquisition program--Chester Cone Kenai River Property. 9. 6/6/94 Jack La Shot informational memo to property owners and residents of Thompson Park Subdivision. MAYOR ~ S REPORT JULY 2 0 ~ 1994 COUNCTL MEETING CHANGES TO THE AGENDA REMOVE C-2 Ordinance No. 1600-94: Grant not yet received. CHAN~E REOUESTED _ BY: BROWN H-2 (b) Approval of purchase order for marketing video. H-7 Discussion - Acquisition of Chester Cone property (see documents now at Information Item #8). I-4 Telephone poll for approval of purchase order to Statewide Petroleum to replace gasoline fuel pump for the city dock for $1,540. Add Information Items: 10. Alaska Journal of Commerce article, 7 / 18 / 94, Mi. drex Seeks Consensus to Begin Iron Ore Project _1. 7/11/94 Dorothy McCard letter to Mayor Williams regarding Russian Orthodox Church paving project. 12. 7/8/94 Laura Measles to 4th of July parade participants. 13. 7/5/94 Valerie Edmundson letter to Mayor Williams/ Council regarding City's donation toward July 4th celebration. 14. 7/13/94 Becky Gay letter to Mayor Williams regarding Resource Development Council membership. WILLIAMS WILLIAMS CLERK MANNINEN WILLIAMS WILLIAMS WILLIAMS WILLIAMS ADD AS .- CHAN~ES TO THE CONSENT A~ENDA ADDITION REOUESTED BY: MAYOR'S REPORT DISCUSSION 1.. Executive Session. D: \WP51 \M I NUTES\AGENDA\MAYOR. RPT KENAI CITY COUNCIL REGULAR MEETING JULY 20, 1994 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS, PRESIDIN~ ITEM A: C~LL TO ORDER Mayor Williams called the meeting to order at approximately 7:04 p.m. in the Council Chambers in Kenai City Hall. A--1 · PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. ROLL CALL Roll was taken by the City Clerk. Present were: Measles, Bannock, Smalley, Williams and Bookey. Monfor arrived at approximately 7: 15. Absent was Swarner (on vacation) . A~ENDA APPROVAL Mayor Williams asked to change the agenda as follows- REMOVE' C-2 Ordinance No. 1600-94' Grant not yet received. ADD: H-2(b) Approval of purchase order for marketing video. H-7 D~scussion- Acquisition of Chester Cone property. I-4 Telephone poll for approval of purchase order to Statewide Petroleum to replace gasoline fuel pump for the city dock for $1,540. Add Information Items: 10. Alaska Journal of Commerce article, 7/18/94, Midrex Seeks Consensus to Begin Iron Ore Project 11. 7/11/94 Dorothy McCard letter to Mayor Williams regarding Russian Orthodox Church paving project. 12. 7/$/94 Laura Measles to 4th of July parade participants. 13. 7/5/94 Valerie Edmundson letter to Mayor Williams/Council regarding City' s donation toward July 4th celebration. KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 2 14. 7/13/94 Becky Gay letter to Mayor Williams regarding Resource Development Council membership. MOTION: Councilmember Smalley MOVED for approval of the consent agenda as presented and requested UNANIMOUS CONSENT. Councilmember Bannock SECONDED the motion. There were no objections. SO ORDERED. CONSENT AGENDA There were no changes to the consent agenda. (Mayor Williams stated that during the Mayor's Report he would ask for an executive session. ) (No Motion or Action taken. ) Mayor Williams was reminded of the Board of Adjustment hearing scheduled for this evening. He asked for a temporary adjournment of the Council meeting. MOTION: Councilmember Measles MOVED for a temporary adjournment. Councilmember Smalley SECONDED the motion. No objections. SO ORDERED. BOARD OF ADJUSTMENT: BACK TO ORDER: 7:10 p.m. 7:32 p.m. ITEM B: SCHEDULED PUBLIC COMMENT None. ITEM C: pUBLIC HEARINGS Ordinance No. 1599-94 - Increasing Estimated Revenues and Approgriations by $81,584 in the Airport Front- end Loader Capital Project Fund. MOTI ON: Councilmember Smalley MOVED for adoption of Ordinance No. 1599- 94 and Councilmember Measles SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 3 There were no public comments. VOTE Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Absent Monfor: Yes HOTION P~%SSED UN~tNII~OUSLY. Ordinance No. L600-94 - Deleted from agenda. Resolution No. 94-44 - Awarding the Bid for a One- Ton Truck for the Water & Sewer Department to Craycroft Chrysler for the Total Amount of $28,529.00 Which Includes the Basic Bid of $25,889.00 Plus a Truck Plow of $2,640.00. I(OTI ON: Councilmember Smalley MOVED for approval of Resolution No. 94- 44 and Councilmember Bookey SECONDED the motion. There were no public comments. Councilmember Bannock requested permission to abstain because he works for Craycroft Chrysler. Mayor Williams accepted his abstention. Councilmember Measles stated that he was a little upset by the fact that we are only 20 days into the new budget year and we are already being asked to transfer almost $10,000 out of contingency to cover a budgeted item. He asked why this wasn't thought of during budget time. Manninen stated that the original spec was not to include the plow, but the truck that was purchased required a different plow. Measles asked if when the item was budgeted there was a pre- conceived notion as to make, model and type of vehicle it was going to be. Manninen said no, only that the plow would be re-used. The difference is that the flatbed truck and the crane weren't anticipated. He now feels that in the long run the crane will benefit the City. KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 4 Measles stated that his argument isn't with the fact that the · "If we need it now, why City needs the equipment He said, didn't we need it three months ago when we were putting the budget together?" He stated it seems not enough thought goes into budgeting these items. Bookey agreed. He stated that the memo from Public Works mentions a safety problem and, if that is the case, it should have been addressed long ago. Manninen stated that when this .equipment was being anticipated it was believed it could be acquired for under budget. Williams asked if this water and sewer expenditure comes under machinery and equipment. He said the Council had budgeted 1/2 the cost from machinery and equipment ($13,000) and the other half was going to come from the airport budget. Kornelis said no. One's from water; one's from sewer. $26,000 is in the budget. The $2,640 snow plow was not bid because he had anticipated using the existing snow plow. However, there had been a change in the Dodge mounting so the old plow didn't fit this particular truck. As far as the crane, he had anticipated using the sliding-bar type mechanism like the existing one. The retired sewer foreman didn't put in for a new crane. But when they began discussing this, the shop foreman and other employees said they had gotten their hands caught in the old mechanism. Kornelis said the new crane will be much better. That's where the extra $7,000 came from. He apologized for not having this in the budget, but stated, "We missed it." Bookey stated he agreed with Measles. He said that this is the public's money, and it's the Administration's job to find these problems before they go into the budget. Williams stated that he agrees with what has been said, but that he also is looking at some other concerns. It appears that only one company bid on this truck because one company couldn't find their bid specs and another company changed hands during the bidding process. Having only one bid makes it difficult to judge the true value of the item. He suggested investigating whether other companies offer the same product and consider rebidding. KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 5 Williams stated that, unless Council directed him otherwise, he would ask Councilman Bannock to abstain from commenting or voting on this matter. Smalley asked for clarification regarding Resolution 94-44 and Resolution 94-45. He stated it appears that 94-44 deals with the purchase of the truck and the snow plow, and 94-45 deals with the issue of the crane. Kornelis said this is correct. He also stated that the $25,000 truck is a very good deal. It is a one-ton 4X4 truck with government radios and is fully equipped with flatbed and tool boxes under the flatbed. Smalley stated that the City is not responsible for the fact that there was only one bidder. Mayor Williams stated that if the Council chooses to vote at this time it should consider the additive alternates in the resolution. Measles asked if the $25,889 includes additive alternates 1 and 2? Kornelis said it does not. Measles asked if the resolution is just asking for the basic bid. Kornelis said yes. Williams read the resolution aloud for clarification. He stated that the resolution needs to be amended. Measles stated that the bid is being awarded on the truck; the plow is a separate purchase and should not be a part of this package (it was not one of the additive alternates). He stated that the plow should have been handled separately. Williams suggested an amendment to eliminate all references to any other items aside from the basic bid for the truck at $25,889. MOTION· · Councilmember Measles MOVED to amend Resolution No. 94-44 in the heading to read: "A resolution of the Council of the City of Kenai, Alaska, awarding bid for a one-ton truck for the water and sewer department to Craycroft Chrysler for a total amount of the basic bid of $25,889." The lower portion of the resolution should read- "Now, therefore, be it resolved by the Council of the City of Kenai, Alaska, that the bid for a one ton truck for the water and sewer department be awarded to Craycroft Chrysler for the total amount of the basic bid of $25,889." Councilmember Smalley SECONDED the motion. Williams KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 6 asked if there was any objection to unanimous consent on the amendment. No objection. Williams asked if there was any further discussion on the body of the resolution. No further discussion. VOTE .- Measles: Yes Bannock: Absta in Smalley: Yes Williams: Yes Bookey: Yes Swarner: Absent Monfor: Yes C--4, Resolution No. 94-45 - Transferring $9,588 in the Water and Sewer Fund to Add a Plow and Crane to the Pickup Truck which is Appropriated in the FY95 Budget. Councilmember Measles MOVED for adoption'of Resolution 94-45. Councilmember Smalley 8~COI~D the motion. No public comment. Councilmember Bannock asked to abstain from this resolution because it is related to the last one. Williams said it wasn't necessary because it's a separate item from the truck. Bannock said he would vote after all. No further comments. Monfor asked for unanimous consent. Bookey objected. VOTE: Measles · Yes Bannock: Yes Smalley: Yes Williams- Yes Bookey: No Swarner · Absent Monfor: Yes **Recess (8: 15 to approximately $: 30) ITEM D: COMMISSION/CO~ITTEE REPORTS council on Aging Pat Porter reported the next meeting is scheduled for Monday, July 25. In the packet there is a request to approve two additional members because of the nine-member rule. Williams stated that Loretta Breeden and Lucille Billings have been recommended to this Council for approval. No comments or objections. Mayor Williams made both appointments. KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 7 U-2, Airport Commission Councilmember Measles reported no meeting. D-3, Harbor Commission Councilmember Bookey reported no meeting, no quorum. D-4, Library Commission Councilmember Monfor reported no meeting; the information is in the packet; and the Friends of the Library received a $3,000 donation from ARCO. D-5, Parks & Recreation Commission Councilmember Bannock reported no meeting. D-6, Planning & Zoning Commission Councilmember Smalley reported a copy of the agenda is in the packet. He said Attorney Jim Butler would be speaking to the Council later in the meeting about the Chester Cone property on Beaver Loop. The planning resolution regarding Watergate Way failed; planning resolution regarding McLennan variance passed; and because the Watergate resolution failed, the resolution regarding Donald Aase was moot. The situation on the Watergate resolution involved changing lot size in an area that spoke to 40,000 square foot lots. The applicant wanted those reduced. Mr. Rodes spoke to Planning & Zoning. There were 12 or 13 items under code enforcement items; he stated he would bring one of those items up under "Concerns" this evening. Miscellaneous Commissions and Committees a. Be&utifioation: Meeting rescheduled. Bob Frates stated there is a question of what to do with the remaining flowers donated by Lynden Transport. There are 200 to 300 flats remaining to be planted; about that many have already been planted. He asked if Council had any suggestions about what to do with them. There were no recommendations. b. Sister City Program: Williams stated that today was the last full day here for the Russian delegation. They will be leaving tomorrow morning. There will probably be a return KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 8 trip to Russia in September if funding will allow. There is about $3 million for the purpose of meetings and visits back and forth from the Dept. of International Affairs to the State of Alaska next year. We will be applying for an additional grant to bring a doctor and maybe a school teacher or other professionals here and to send ours there. While the governor of Sakhalin Island was here, he signed some agreements with Governor Hickel that will allow for training here in our fire safety programs and other service areas. The U. S. Dept. of International Development has indicated that $80 billion will be spent to promote development within Russia. We also will apply for some of that money. Also, a very large fuel contract has been signed between Petro Marine and the Far East, utilizing fuel being produced by our local refinery. Williams stated he has personal knowledge of a $9 million grocery contract now in the making. He stated that the Sister City program is a major factor contributing to the opportunities of the future. Sakhalin Island offers approximately $40 billion in opportunity. We will be helping to blend the economies of the two regions and perhaps will be importing money and, possibly, jobs in the future. He stated, "For my money, I think it's better to spend $1 billion on this sort of thing than to develop one more B-1 bomber." ITEM E: MINUTES E-1, Regular Meeting of July 6, 1994. Approved by consent agenda. ITEM F: CORRESPO~ENCE None. ITEM G: OLD BUSINESS 1. Discussion - Acquisition of City Property for Habitat for Humanity. Council members reviewed the information in the packet, and Williams stated it didn't look like there was anything available at this time. Williams stated he is working with one of his partners on a major business transaction that may allow KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 9 them to donate several lots in the Mommsen Subdivision to Habitat for Humanity. He stated he has discussed this with them and it may happen in about two weeks. No further comments or discussion. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilmember Smalley MOVED to pay the bills over $1,000 and Councilmember Bookey SECONDED the motion. Councilmember Measles asked for unanimous consent. There were no objections. SO ORDERED. H-Z. Purchase Orders Exceeding $1,000 a) Councilmember Measles MOVED for approval of purchase orders exceeding $1,000 as submitted. Councilmember Smalley SECONDED the motion. Councilmember Measles MOVED to amend by adding a purchase order to Craycroft Chrysler for a snow plow in the amount of $2,640 and asked for unanimous consent. Councilmember Monfor 8~COI~D the motion. No objections. Councilmember Bannock asked permission to abstain. Denied. Councilmember Measles MOVED to momentarily table this motion until Item H-2b is addressed. No objection. SO MOV~..D. Monfor asked if they could stand at ease for a moment. So ordered. Mayor Williams brought the meeting back to order. b) Councilmember Measles MOVED that the marketing video contract be awarded to Vantage Point Productions. Councilmember Bookey SECONDED the motion. Councilmember asked for unanimous consent. No objections. Measles asked if someone would be working with Vantage Point during the production of the video. Williams asked for three volunteers from the Council. Councilmembers Monfor, Bookey and Smalley volunteered. Monfor stated that a purchase order is on the list to Maloney & Haggart for $10,000, and another payment was approved to them KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 10 for $5,096, a total of $15,000. She stated that she will go on record as stating that this is probably the last time she will vote for any money for them. ". . . the cost of this firm is getting close to exceeding what we are ever going to get in return." She asked why it appears on two different lists. Brown answered that the money on H-1 is payment for services already rendered. H-2 is purchase orders for future services. We are in the bankruptcy stage of this case. Monfor asked how much money we have paid this firm so far. Brown said he will let her know. (Return to H-2a) Councilmember Measles MOVED to bring Item H-2a back to the table. Councilmember Smalley S~COIgD~D the motion. Councilmember Measles MOVED to further amend Item H-2a by inserting Vantage Point Productions on the purchase order for production of the marketing video. Councilmember SI, II~~Y seconded the motion. No objections. No discussion. Councilmember Measles asked for unanimous consent.. SO ORDeReD. Ordinance No. 1601-94 - Prohibiting the parking or operating of motor vehicles in any state or city maintained road right-of-way which has been landscaped, seeded or improved in a manner not intended for vehicular traffic. Approved by consent agenda. Approval - Change Order No. 3, Thompson Park Water & Sewer Project/Foster Construction - $795.35. Councilmember Smalley MOVED for approval of the change order. Councilmember Measles SECONDED the motion. No objection. ORDERED. Discussion - Schedule Board of Adjustment Hearing - Appeal of Planning and Zoning Commission denial of application for variance on Lot 1, Block 3, VIP Park Estates, regarding requirement of 40,000 square foot minimum lot size. Councilmember Smalley reported that he attended the Planning & Zoning meeting. He stated that several individuals spoke, in addition to Mr. Aase. The subject of covenants came up; it was explained that the City does not deal with covenants. The people who spoke stated they had moved to the neighborhood KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 11 because of the lot sizes; Mr. Aase wants the City to break one lot into two. As it presently sits, he can easily build a four-plex in there. The residents expressed also that the potential is there for another Thompson Park if lot sizes are reduced and additional homes are put on the water and sewer. If lot sizes are reduced for others, there could be twice as many homes in the neighborhood. They are concerned about the devaluation of property. The Planning & Zoning vote was 3 to 1. Mayor Williams stated that apparently the City Engineer recommended approval upon waiver of ADEC. Williams asked if the applicant has asked ADEC for that waiver. Smalley stated he did not. Smalley stated that Aase brought up the point that the covenants allow for changes to be made after 10 years; he has had his property for 12 or 14 years. He was told that the City does not deal with covenants. Mayor Williams asked if Council wishes to schedule a Board of Adjustment. Councilmember Measles MOV~-D to schedule the Board of Adjustment hearing prior to the regular council meeting on August 3, 1994. Councilmember Smalley S~OND~.D the motion. Councilmember Smalley asked if the applicant will be advised to seek that waiver from ADEC. Kornelis stated that Mr. Aase states in his letter (in the packet) that he has the document. Discussion - Proposed construction of permanent KPB transfer site at Redoubt landfill location. Smalley stated that this was an item that came up at the Planning & Zoning meeting under the City Engineer's report. Smalley said he (Smalley) requested that it come before this body. He said that what this is is a request by the Borough to make a permanent transfer site on the existing site in Kenai. Smalley said one of the concerns is that the Borough would close the site and Kenai residents would have to haul their trash to Soldotna. Williams stated that he remembered attending a Borough meeting in which the issue of the Borough transfer site was brought up. They were planning on removing the transfer site and starting a fee schedule. At that time Williams stated he was directed by Council to advise the Borough against closing the transfer site. There was also discussion about a fee schedule. Williams said he told the Borough Assembly then that Kenai KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 12 didn't mind being charged a fee as long as a fee was being charged everywhere. Monfor asked if Katherine Mayer from the Borough could come up and answer a few questions. Williams stated that she could. Monfor stated that she supports the transfer site. She then asked Mayer if the Borough is planning on charging a fee for all the transfer sites and what is the usage daily of this site. Mayer stated that she is the solid waste director for the Borough. She has been with them for approximately 10 years. She stated that at this time the Borough does not have a fee proposed. There is a limited user fee for disposal of construction demolition wastes that are going directly into the landfill, but these are items that are not accepted at the transfer sites. There will probably be a fee for disposal within the next few years. The solid waste program is heading toward revenue funds, special revenue funds, and enterprise funds for the solid waste program. There will not ever be just a fee for Kenai. If there is a fee, everyone will pay the same, she said. Mayer asked if she could do a brief overview of this plant facility. She passed around photographs of sites where the Borough has already made improvements. She stated that the current facility has many problems that will be corrected with the new transfer site. The new facility will be fenced, so access will be restricted during closed hours. Someone will be on site during open hours. There are now an average of 745 trips per year made to haul the current dumpsters out when full. The larger trailers and more effective transfer system will reduce that number to about 160 trips per year. The new site will be aesthetically better, as well. The transfer trailer will be inside a building, not out in the open. Monfor stated that she is in favor of the new transfer site. She stated it is one of the few things besides the school system that Kenai residents get for their tax dollars. She believes a majority of Kenai's nearly 7,000 people still use the dump, and that improvement of the site would probably enhance the neighborhood. KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 13 Smalley stated he concurs with Monfor's comments. Bannock stated that, as a neighbor, he thinks it would be a great improvement. Williams summarized saying it appears that Council has no objection to the permanent transfer site on Redoubt. He asked about rezoning. Graves stated that the Borough has filled out the application and it is scheduled to go before Planning & Zoning. ~-7. Discussion - Acquisition of Chester Cone property. Smalley asked if it would be appropriate to ask Jim Butler to speak at this time. Williams stated it would. BU~~R (ver~&~im): Mr. Mayor and members of the Council, as Councilman Smalley has indicated, my name is Jim Butler, and I am an attorney in town. Over the last several months, I have been working with Mr. Chester Cone who, as I am sure you are well aware, owns some property along Beaver Loop Road. In fact, the parcel that we are talking about this evening includes a parcel that the City of Kenai attempted to purchase, I believe, twice, and whom other people have purchased and have given back to Mr. Cone due to their inability to develop the property. Mr. Cone came to me trying to find some resolution to his dilemma of having 100 acres on one of the most pristine rivers in Alaska and he can't do anything with it. We looked through a couple different options and elected to put together a proposal for the Exxon Valdez Trustee Council Small Parcel Acquisition Program. Let me give you a little bit of background on the Exxon Valdez Trustee Council and what they are doing and what we are trying to do with this proposal and how I think the Council might follow the lead of the Planning & Zoning Commission to offer some support to that. After the spill, Exxon entered into a consent decree with federal and state government to settle the civil damage claims that both the state and federal government · brought against Exxon. That was done under CIRCLA. A $900 million trust fund was established for the purpose of attempting to restore property impacted by the oil spill, to develop a habitat protection acquisition program, to provide monitoring and research funds for the spill-impacted area, and KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 14 also to provide public information and administration of the fund. What I want to do, I guess, at this point is reinforce sometimes a common misconception of what the Council is about, and dispel maybe the misconception. And that is that this is somehow a -- this program is somehow currently impacting either Exxon or other oil companies in the area. That money, the money that we're talking about tonight, is money that has already been paid into a fund and the administration and disposal of those monies, the use of those monies, is not going to directly impact any industry people in our area or in any area around the state. We put together a proposal to the Trustee Council under the Small Parcel Acquisition Program. In order to fit under that, the parcel has to be less than 1,000 acres and has to be located in the spill-impacted area. To just sort of give you an orientation of what the spill-impacted area is, it's from Bligh Reef south to Chignik, and all the way up north to the forelands, including the west side of Cook Inlet down to Chignik and all the Kodiak area. So the Council put out a request for proposals to acquire property in the spill-impacted areas. The Kenai River is specifically identified as an impacted area, primarily because of the over-escapement of sockeye in 1989. Mr. Cone's property meets the acquisition program criteria in a number of areas, primarily because his property includes rearing habitat for both sockeye and pink salmon, Dolly Varden, bald eagles, common murre and any tidal organisms that are important to the support of those particular species. The restoration fund is set up to acquire parcels of property to offset those properties that were significantly impacted. One of the other things that the Council can do is deal with restoring services that were impacted. Now services that were impacted include commercial fishing and sport fishing. Because areas were closed during the spill, people had to go to other areas to go pursue their sport fishing; and as a result significant impacts were indirectly incurred in those areas. So they are looking at acquiring this property, or this type of property. One of the things that I am sure you are all aware of is this piece of property in particular has been studied to death. I KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 15 know that, when the City of Kenai proposed to build a boat launch on an 11-1/2 acre parcel along this particular tract of land, Fish and Wildlife, D.N.R., Fish and Game -- everybody went through that piece of property with a fine-tooth comb. Essentially what we have done is we have taken a large stack of agency research and turned it around and said, "This property has been defined as critical by you and, therefore, we think that the public should own this property as opposed to having an individual own this property." The Commission had the opportunity to review the proposal; and I don't know if any of the Council members have had an opportunity yet, but the Administration staff has that proposal and we can make sure you've got copies if you're interested in seeing how the specific elements of the criteria that are going to be evaluated -- how this property ranks with that. I can say quite confidently that the property ranks quite high. The Fish and Game has also requested that this property be seriously considered for acquisition because of the importance of protecting habitat along the Kenai River which, as you know, is a growing concern in our area. Support of the proposal is, I guess, what we would like to see from the Council; and, not just for the proposal, but support of an expedited review. Tonight Mr. Cone turned, I believe, 80 years old, and his ability to wait around and haggle with the state and the feds is much shorter than it was 15 years ago. And because his property has been researched, we're trying to keep it out of the consultant trap . . . (unintelligible). So I would like to request the Council consider supporting the proposal -- the acquisition proposal -- and an expedited review of his proposal, which the Council -- my understanding is they've got the authority to do that. Valuation, those sorts of issues, can be worked out. The mechanism for holding the property, how title is vested, is something that Mr. Cone is very open to working with the Council on. The use of the property in the future could be something that, not only whoever holds the property, but the City of Kenai, could play an instrumental role in deciding how services like tourism and the rest of that are going to be -- maybe mitigate any impacts. I don't know if your packet includes a letter that Chairman Walker signed. If you've got any questions at this time, I would be glad to help you out with those. (end of verbatim) KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 16 Smalley stated that Walker's letter is in the packet. He said that Planning & Zoning also wanted to add a statement that the City had attempted to purchase this property and to seek out the necessary required permits to develop the property; and the property went back to Mr. Cone when the City was denied. Bookey asked what happens to the property once it's acquired -- does it go into a land bank situation where there is no project development or will there be any development. Butler said that is an open question right now. He stated that he is willing to work with the City in working with the Trustee Council on finding a workable solution for the property. Butler said the Council's restoration plan is consistent with the Kenai Peninsula Coastal Plan and the Kenai River Comprehensive Management Plan. He stated that a small piece of the property abuts the river, but most of it is upland. He would like to see maybe a bird sanctuary where people could pull off the road and observe the wildlife. He said this would take some of the pressure off the river bank. Butler stated that once the Trustee Council acquires the property, it can be transfered to anyone. Smalley stated that Mr. Cone said at the Planning & Zoning meeting that, after 20 years of trying to sell this property, this is a last ditch effort in which he is asking the City's support. MOTION: Councilmember Smalley MOVED that the City Administration work with Mr. Butler to draft a letter or resolution supporting this proposal and to request an expedited review. Councilmember Measles SECONDED the motion and stated, "This is a scenario where federal and other agencies have made a person's property useless with their regulations and refusal to issue permits for property owners to develop this property. I am certainly in favor of this thing happening." He also stated that he feels this is perhaps a stretch of the intent of the Oil Spill Trust Fund; though not as far as some have stretched it. Williams stated that the Council feels compassion for Mr. Cone and his long battle. He said that at one time the City thought it could use the land, but that didn't happen. Now the City wishes the best for Mr. Cone. KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 17 Smalley offered that maybe the City would have some influence in the State legislature as to how the land will be used. Butler stated again that he is willing to work with the City. Bookey stated that maybe somebody in the State might listen to this: It seems that the State is so concerned about the impact on the Kenai, yet they build these horrendous roads to get here; but they're not as concerned about the impact on the Kenai River when they deny access. Butler stated that he will be glad to let the City Council know if some opportunities arise. Williams directed the Clerk to prepare a resolution in support of and for expedition of the review. Butler said that the review process could go from October, 1994 into early 1995. Williams directed the Clerk to issue a letter immediately and follow it with a resolution to Council at the next meeting. Councilmember Smalley asked for unanimous consent. No objections. SO ORD~.R~-D. ITEM I: ADMINISTRATION REPORTS I-1. Mayor a. Townsite Historic Board Attendance: Williams stated that he sent a letter to members of the Board indicating his concern that they had not attended the meeting. Three of the members contacted Williams personally stating they had not been notified of the meeting. Williams said he would like to know if the addresses are correct and if any of the letters came back to City Hall before he sends out a letter like that again. I-9_. City Manager a. EDD Lease- The lease is due on August 12. A meeting was held with Carr-Gottstein last week. b. MIDREX' He stated there are articles in the Journal of Commerce and in today's Dispatch that cover progress so far. I-~. Attorney No report. KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 18 I-4. City Clerk Acting Clerk Paulsen read into the record the findings of a telephone poll taken on June 13, 1994 requesting council approval to issue a purchase order to TransAlaska Title, Inc. to perform a preliminary commitment report on lots pertaining to the MSM proposed settlement. The purchaseorder would be for an estimated cost of $1,400. Approval of the purchase order would enable the City Administration to provide a report on the MSM proposed settlement to the Council at the July 20 meeting. The telephone poll was authorized by the city manager and signed by the finance director; those signatures were attested by Acting Clerk Paulsen. The vote was four yes (Measles, Smalley, Bannock and Monfor) and three absent (Swarner, Bookey and Williams). The poll was taken by Sheryl Paulsen. Acting Clerk Paulsen read into the record the findings of a second telephone poll taken on June 18, 1994 requesting council approval to order a replacement gasoline fuel pump for the dock and to issue a purchase order for $1,540 to Statewide Petroleum. The fuel pump at the dock burned out on Friday afternoon (July 15, 1994). The telephone poll was authorized by the city manager and signed by the finance director; those signatures were attested by Acting Clerk Paulsen. The vote was five yes (Measles, Smalley, Bookey, Bannock and Monfor) and two absent (Swarner and Williams). The poll was taken by Kathy Woodford. F~nance Director No report. Public Works Director Kornelis stated he wanted to draw attention to Info Item #3 regarding the Basin View paving RFP's. Also Item #6 is the new schedule from Glacier State regarding the soils contamination at the courthouse. Info Item #9 is the packet of material which was mailed to the Thompson Park residents having to do with water and sewer services. Airport Manager ! No report. KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 19 EXECUTIVE SESSION: 9:30 p.m. BACK TO ORDER: 10:15 p.m. Measles reported, "The purpose of the executive session was to discuss the status of settlement on the Inlet Woods properties litigation. The Council instructed the Administration to proceed with the settlement issue in hopes of drawing it to some conclusion in the near future." ITEM J: DISCUSSION J-1. Citizens None. J-2. Council Nothing. Monfor - Nothing. Me&sles - Nothing. Bannock - He stated that he was glad to see the new ordinance introduced this evening regarding parking in rights-of-way. He asked about the on-street parking of "For Sale" items on Frontage Road and asked how it can be dealt with. He suggested that maybe if there were signs there stating "No Overnight Parking" people would not park there because of the inconvenience of moving the vehicles every evening. It was suggested that that is already a no overnight parking zone. Bannock stated that maybe the same people who tow cars from the airport parking lot could tow the cars from Frontage Road. Williams stated that proper signs need to be in place to warn people. Bannock said that if the rules are there, they need to be posted; and once they are posted, they must be enforced. Smalle¥ - a. He stated he had a phone call concerning the lack of restroom facilities at the beach. Bob Frates said he would make a phone call tomorrow; they were caught off guard. b. Smalley also said he is concerned about RV's parking in parking lots such as K-Mart and Carrs without conditional use permits. He said we have privately owned facilities that KENAI CITY COUNCIL MEETING MINUTES JULY 20, 1994 PAGE 20 are not full, and these vehicles are being allowed to use these parking lots. Williams stated that he had a discussion with the manager of K-Mart about this subject. The K-Mart manager asked Williams if it would be permitted to put in electrical hook-ups in the parking lot for the RV's. Williams told him there is nothing against it provided they were put in according to code. Williams told him there had been complaints before the Council about the subject. Smalley stated that the problem also extends to river guides who live within the City who are allowing people to park their RV's in their yards along Spur Highway, down by Thompson Park, down Angler Road, off Lawton, and other areas. Smalley asked if this could be turned over to Jack to be investigated for Planning & Zoning. Graves suggested maybe we should look at the definition of a recreational vehicle park. Bannock said the intent of the original ordinance was to have commercial operations. c. Smalley said he also received a call and a visit from Merle Feldman regarding the City's flower beds. She is concerned that the watering of the beds is not as frequent as it needs to be. Williams: He thanked Council on behalf of the members of the Sister Cities for the financial support of the program. They served more than 100 people at the picnic and had a good time. ITEM K: ADJOURNMENT The meeting adjourned at approximately 10:30 p.m. Minutes transcribe~and sBbmitted by: Shery~A. Paulsen, Acting City C~~ D: \WP51 \M! NUTES\ 1994\72094. M ! N BOARD OF ADJUSTMENT APPE]%L HEARIN~ OF MARION NELSON APPEAL OF PLANNIN~ & ~.ONIN~ COMMISSION /%PPROVAL OF ENCROACHMENT PERMIT JULY 9_0, 1994 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. MAYOR JOHN J. WILLIAMS, PRESIDIN~ ROLL CALL & CALL TO ORDER: The Board of Adjustment was called to order by Mayor John J. Williams at approximately 7:10 p.m. Council members present were: Measles,7:15 p.m.MCC°~eY'~~Smalley' Bannock and Bookey. Monfor arrived at WILLI]%MS: There has been a Board of Adjustment hearing requested for this evening. This is an appeal of Marion Nelson, and in your packets you have your Board of Adjustment instructions. You also have a considerablo amount of information, corrospondences from.the parties concerned, the planning applicants' packet, the minutes of the Planning & Zoning Commission meetings of June 8, June, 22, the Council meeting of July 6; there is a substantial amount of Kenai Municipal Code information that goes along with it. As we have in the past, I would like to instruct the members of the parties who will be testifying that we will be acting as a quasi judicial board. Each of you will be asked to be sworn in, or will be asked to have yourselves sworn in, and the testimony that you give will be considered as evidence throughout the entire procedure. After we have heard all of the materials to be presented, we will then turn it over to the City Attorney. The Council will work with the City Attorney preparing a decision. I believe we have 30 days -- 30 days to render a decision in regards to the appeal. Are there any questions before we start? MEASLES: Mr. Mayor, since the Council meeting had been called to order, it needs to be adjourned before convening the Board of Adjustment meeting. WILLIAMS: Yes. I apologize to the Council and to the general public. It has been a very, very busy day for me, and I haven't had time to align things properly for the meeting this evening. So with that the Chair will entertain a motion to temporarily adjourn the meeting that has been called to order. MOTION: -1- Counc i lperson Meas les MOVED for temporary adjournment. Councilperson Smalley SECONDED the motion. No objections. SO ORDERED. WILLIAMS: We will now return as a Board of Adjustment. Having issued all of the comments, are there further comments from the Council with regard to the Board of Adjustment? (none) Does Council wish to have a little additional time at all? (no comments) With that then, the appeal is by Marion Nelson . . . (NOTE: This portion of the audio tape is missing.) DOLIFKA: (Witness Attorney Dale Dolifka for Marion-Nelson; not sworn in. The first few sentences of his testimony were not recorded. ) · . . and let people get on with their lives on the basis of what you decided. Now res judicata is a doctrine that's very easy to understand when you apply it to the criminal arena. If you are charged today with a speeding ticket for going 55 in a 45 mph zone, and the judge finds you not guilty, and the next year that zone area is changed to 35, you cannot be brought back and you change the rules and you be convicted of going 45 in a 35. That's really what has happened in this situation. Last year this case went before Planning & Zoning under a 15' encroachment. Planning & Zoning denied the variance. It was appealed to you as a Board of Adjustment. You upheld that position, and they failed at that time to appeal your finding. Now, one of the balancing acts to this doctrine of res judicata, is the right to appeal. If I start a procedure and I don't like what is met at that level (for instance Planning & Zoning or the Council or even at the Superior Court level) you can appeal all the way to the Supreme Court until you have "exhausted your remedies." But once you stop that procedure and you don't follow through with what your rights are, you lose your rights. And so this doctrine, which we lawyers call res judicata, is a very important doctrine and it's a way for people, as I said, to get on with their lives whether it's real estate, criminal law, or in the civil arena. Now, what I always . . . when I deal with a doctrine like this, I always do what I call the smell test -- and that is reverse the position. What if last year Mr. (I believe it was) Jackson -- what if he had won at Planning & Zoning and Marion had appealed to you people and you had upheld Mr. Jackson. The question then is could "Oh it should have been a Marion Nelson be here this year saying, , 5' variance instead of 15'." Well, that sounds absolutely ludicrous that we would even bring that idea up. But the old saying, "What's good for the goose is good for the gander," and that should be the same here. When Jackson did not appeal to the -2- Superior Court your findings laSt year, that should have been the end of the issue with regards to this variance. Now, there is one exception to this doctrine, and that is when there is new evidence. From what I can see from the records presented to this year's Planning & Zoning, the only new evidence has to do with the fact that the Cochrans apparently signed a very -- I don't know how you would describe it -- a very inhibiting earnest money agreement where they stood to lose $10,000 if they did not act upon it. Part of your memorandum states that you as a Board of Adjustment, it says you cannot consider burdens or hardships arising not from the zoning laws. Well, the fact that the Cochrans stated at this earlier Planning & Zoning hearing that they knew about the prior petition for variance. They knew it was denied. And they knew that you as a Board of Adjustment had upheld that denial. So they came into this with their eyes wide open, and if they lost $10,000, I'm sorry; but that should be between them and a real estate agent who may have set them up for that problem. That really should not have any bearing on this at all and yet it appears that it had substantial bearing on the reconsideration by Planning & Zoning. So again, the whole doctrine that we have here is that you people decided at one time -- we would ask you to stick with what your decision was. The second concept of law that is the reason that I think you should reverse this is a doctrine known as due process. Now, I understand that by Roberts Rules of Order, Planning & Zoning may have had the right to reconsider what had been found at the earlier hearing. But on June 8, Planning & Zoning held the same way that was held last year in 1993. Without notice to Marion Nelson at all this came for reconsideration a few days later, they reversed themselves. Well, again I ask you to apply the smell test. What if the reverse had taken place? What if the Cochrans had won, so to speak, at the Planning & Zoning on June 8, had been issued a variance, eight days later (without notice to them) Marion Nelson went to Planning & "Hey people reconsider this." Spoke freely Zoning and said, , , without anyone there to cross-examine, anyone there to give their side of the decision. Well, it's obvious what would have happened- the Cochrans would then be here crying lack of due process because of no notice. So, again, those two issues of - if for no other reason - using those two doctrines, this Board of Adjustment should reverse the findings of Planning & Zoning. Now I have a few other comments. Marion Nelson, if you read through this, she has been painted as the greedy, wicked witch of the West. And that really galls me because it is a very unfair -3- portrayal of what her position really has been. Last year at Planning & Zoning and then again at the Board of Adjustment, she said, "All I really want is to have the same rights that whoever owns this property has. If they have this kind of setback, then I want that." Well, apparently last year the reason that that concept was not bought into was that it was designed and promoted as a variance. What we are here asking you to consider - our main concept is that this whole thing should be reversed. But as an olive branch for possibly settling this issue once and for all, I believe that you could require, under your powers of modification, because it's very clear that you can reverse, uphold or modify in any way you so desire, a Planning & Zoning find. She is willing to concede this whole ordeal if you would require the Cochrans to, at their expense, replat her lot so that there was a setback line of 2-1/2 feet the same as what this variance is granting to the Cochrans; they would have the one-hour fire wall. Now, the difference in the requirement of the platting and last year's proposal of the variances is that the plat will survive. A variance under the best of circumstances probably -- I mean there is no house there to grant the variance on -- it has a lot of technical problems. The platting procedure, however, is more like what we do frequently in the Borough where an entire subdivision -- a variance is granted on a condition that an entire subdivision be replatted to meet certain criteria as set out by. the Borough. So, in summary, that would be our first preference is that, if you and your attorney advises you that we could procedurally pull it off, we would ask that you make that modification. Otherwise, you should reverse the Planning & Zoning and uphold your prior acts from 1993. Thank you. WILLIAMS· Thank you. Are there any questions from the Council? (none) Ok. Is there anyone else who wishes to be heard in this matter? Please come forward, state your name for the record. Are you representing someone? JOnSOn: Yes. My name is Ron Johnson. I am a real estate broker. I represented Mr. Jackson here last year. WILLIAMS- Right. We will ask that you be sworn in. JONSON: Ok. C~.~.RK: Do you solemnly swear or affirm that the testimony that you are about to give in the case now before this Board to be the truth, the whole truth, and nothing but the truth? JOhNSOn: Yes. I guess probably what I want to make is a formal statement as well. Last year I came before the Board with a request for variance. That request was denied. Mr. Jackson -4- determined after discussing with his counsel that, rather than argue it and fight it, he would just walk away and leave it. The house went into foreclosure; it affected his credit rating. We had two bonified offers on the property that would have sold for more money than what this current deal has going for it. He walked away from it; he's got a mark on his credit record; he took your decision as being final. If your decision wasn't final, I would think, in my opinion (it's not a legal opinion), that he has cause of action. Now he's got a definite mark on his credit because he lost that house. We had two good chances to sell that property, but we couldn't get a variance. I would be more than happy to answer any questions. It would seem to me that it would be in your best interest to stick with your decision. WILLIAMS: Questions from Council? BANNOCK: Mr. Johnson, in reading back through the Board of Adjustment from last year, you were in favor of an encroachment permit at that time, right? JOHNSON: Yes. BANNOCK: Save for the fact that that happened then, is there anything in the property that makes you want to change your mind that the house should not have an encroachment permit today? JOHNSON: I think it should have had an encroachment permit then. There was enough problems in the -- from the time that the plans were let -- the builder, the inspections were all done -- it should have had an encroachment permit then. Yes. Unfortunately, you chose not to do that and in the process Mr. Jackson lost some money, a lot of money. And I think he lost one of the major things is his credit. That hurts. He currently lives outside. WILLIAMS: Any further questions of Council? Ail right. Thank you Mr. Johnson. Is there anyone else that wishes to be heard in this matter? Any final comments before I bring it back to the Council? Is there any comments that Council wishes to make? Yes. BANNOCK- Thank you, Mr. Mayor. I feel that I have kind of gone full circle with this particular issue because I was the Planning & Zoning Commissioner when Mr. Jackson was the original applicant in 1993. It failed in Planning & Zoning at a 3-3 tie originally and came to the Board of Adjustment where it failed miserably. I have tried to study this as much as possible, and I have tried to study the code book in regards to encroachment permits. I won't disagree with anything that Mr. Dolifka has said. You know, perhaps we shouldn't even be discussing this at this point. I'd like to maintain, though, that the particular home meets all of the requirements for an encroachment permit. There has been a stipulation put on to it by the Planning & Zoning Commission for a -5- fire wall. And I think that we can find a history of ourselves of giving encroachment permits right and left. I drive by an encroachment permit quite often that's got an encroachment permit on both sides. My father has an encroachment permit, as well as a variance. So it's not like the City has never given one out before. We give them out all the time. To the best of my understanding Ms. Nelson wants to appeal this decision because it is devaluing her property. I feel that right now it definitely is. However, it's my opinion that with the "as she calls it, will go away encroachment permit the "wart, . With the encroachment permit, there will no longer be an encroachment. Thus, there will not be a problem. My biggest problem with this entire issue is that for the last 10 years this house has been sitting there as an unauthorized encroachment. One year ago, approximately one year ago, it was brought before the majority of this body, and the encroachment was very well documented. It went through Planning & Zoning; it went through the Council as the Board of Adjustment. Yet there was never any enforcement action taken to the unauthorized encroachment that definitely existed. And I can understand the Administration's position. Now the home is owned by the federal government, and who wants to take on the federal government - besides Walter Hickel. Well, now, if someone was to buy the house with knowledge or without, it matters not, they go into the home -- there is definitely an encroachment there and it is definitely an unauthorized encroachment and the City, I feel, would have no choice -- we would be remiss -- if the City Administration was not to go after the penalty for the unauthorized encroachment. There's one or two different ways to solve the unauthorized encroachment that I know of. One is to eliminate the home. And the second is to buy the property. Well, assume for just one moment that you don't chain saw off a portion of the home. Now you are faced in the unenviable position of bartering basically for your life. And I will close with this. There was an example at Planning & Zoning of a gentleman that purchased a property. There was an apartment on the property that was literally on the property line. And the gentleman came to Planning & Zoning basically for some relief, because he said that I want to buy the neighboring property that I am encroaching upon. Yet, with my encroachment -- I am on my property -- but with my encroachment, the price of the vacant lot is way up here, and I can do nothing about it. With the encroachment permit, now I am not encroaching on my neighbor's property or in my own setback, and now I can bargain a little more fairly. -6- I feel that whether it be the Cochrans or whomever buys this home, without an encroachment Permit, they will be faced with a tremendous uphill battle. Thank you. WILLIAMS: Thank you. Any further? Councilman Smalley. SMALLEY: Question for legal counsel. If it were to be that the Cochrans were no longer in the position of being the purchasers of this home, even though they made the request and it was approved for Cochrans, is this hearing moot? ~RAVES: My recollection is that the owner or their representative is the person under city code that has the right to apply for it. And I think one of the conditions P&Z set to granting the encroachment was the Cochrans had to be basically the representatives of the federal government. So, if they meet that criteria, I don't think it would be moot. If they don't meet it, it may well be moot because they wouldn't have any statutory right to file the request in the beginning. SMALLEY: I think they were representing the government at that point in time. It's my understanding they may not be in that position presently. ~RAVES: If they are not presently, then the appeal I think would be moot because they wouldn ' t have the right to get the encroachment permit if they're not a representative of the federal government. SMALLEY: That's something I think we need to check into during this time frame because I think they . . . WILLIAMS: Let me get this straight. What you are saying that is in the event that the Cochrans have removed themselves as a buyer, is that what your saying? SMALLEY: That' s what I 'm saying. WILLIAMS: If the Cochrans have removed themselves as a buyer, then · . . let me rephrase that. In the event that the Cochrans were not a legal representative of the federal government at the time of the request for the encroachment permit, then the whole process that we have been through is moot. Is that correct? ~P~%VES: I think what Planning & Zoning approved was - they approved the encroachment permit on the condition that the Cochrans were a representative of the federal government. WILLIAMS: On the condition that they were? ~RAVES: That's right. So if it's shown that they weren't, then I think, one, the Planning & Zoning condition hasn't been met, and -7- two, the Cochrans wouldn't have a right to pursue this permit because under ordinance only the owner or the owner ' s representative has that right. SHALLEY' At the time of the approval, they were in that position. I think presently they are not. MEASLES: And even if they technically weren't at the time, there's nothing to keep the federal government at this point from saying, "Yes, they were and we have an encroachment permit." So, this body does need to take some kind of action to confirm or reverse that decision regardless of whether the Cochrans were in the picture or not. ~RAVES: Right. I think the point I was getting at is if the Council found that the Cochrans weren't really the representative, the Council could say, "You didn't have the right to file from the beginning, so we're going to deny it on the basis that you never had the right to file for that permit." MEASLES: But proving that point may or may not be a little tough. ~R~VES' Exactly. MEASLES: I would rather see this body go ahead and take some action. WILLIAMS' Ail right. Is there further comments to be brought before the Board of Adjustment, Board of Appeal. Ail right, seeing no further comments then, I will say that the Board is required within 30 days after the hearing to render a decision on the appeal, and we can impose appropriate conditions and safeguards in accordance with the zoning ordinances relative to any matter subject to jurisdiction. What we'll do from here is turn the entire matter over to the legal department who will research all the aspect of the entire process, the entire appeal, the applications and everything. The Council will work with the Administration, with the attorney. We will come to a decision within the 30 day period and we will render that decision and at that time, as I understand it from the Council's point, will be final. Ail right. Any further comment from the Council? Seeing none then we will close the Board of Adjustment on this matter. Thank you all. Thank all the principals for coming. END OF HEARING. (approximately 7- 32 p.m. ) O: \WP5 I\M I NUTES\ 1994\72094BD .ADJ -8- o ., Suggested by: Finan~ City of Kenai ORDINANCE NO. ~.602-94 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,636 IN THE GENERAL FUND FOR ADDITIONAL STATE REVENUE SHARING. WHEREAS, in the FY95 operating budget, the City estimated State Revenue Sharing at $190,000, approximately 25% less than the prior year; and WHEREAS, the expenditure estimates for pass-through State Revenue Sharing grants were correspondingly reduced; and WHEREAS, the City will receive $241,912 in FY95 State Revenue Sharing; and WHEREAS, the City must now transfer $54,136 to non-profit health facilities, but appropriated only $50,500. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Revenue Sharing $3,636 Increase Appropriations: Non-Departmental - Grants to Agencies $3,636 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of August, 1994. ATTEST: JOHN J. WILLIAMS, MAYOR , ,, Sheryl Paulsen, Deputy Clerk Approved by Finance- (7/28/94) kl Introduced: August 3, 1994 Adopted: August 17, 1994 Effective: August 17, 1994 II c~ · 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c:5 c5 0 0 0 · . .~,.~ 0 o' o' 0 cn Introduced by: Mayor Date: 6/21/94 Hearing: 7/19/94 Action: Enacted Vote: Unanimous KENAI PENINSULA BOROUGH ORDINANCE 94-31 AN ORDINANCE AUTHORIZING A REVISION OF GRANT AND REAPPROPRIATION OF GRANT FUNDS FOR CENTRAL PENINSULA SOLID WASTE SITE LEACHATE/WASH WATER LAGOON, THE NORTH PENINSULA SOLID WASTE TRANSFER FACILITY AND THE KENAI SOLID WASTE TRANSFER FACILITY PROJECTS WHEREAS, the Borough had $882,250 in remaining grant funds from Alaska Department of Environmental Conservation (ADEC), and ADEC has agree~ to amend the grant to allow the funds to be used for the transfer site upgrades as well completion of the Central Peninsula Project; and WHEREAS, the amendments to the grant would require re, appropriation of the funds to these projects; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the Assembly authorizes the Mayor to amend the grant agreements with ADEC to allow inclusion of the North Peninsula Solid Waste Transfer Facility and the Kenai Solid Waste Transfer Facility projects within the grant as well as completion of the Leachate/Washwater Lagoon System for the Central Peninsula Solid Waste Facility. SECTION 2. That the ADEC grant funds previously appropriated for the Central Peninsula and Seward Solid Waste Site project accounts are hereby re, appropriated to the following accounts' Acct. No. Pr_aject Ammlnt 411.321022.49999.47705 411.322040.49999.47705 411.322021.49999.47705 Central Peninsula Leachate/Washwater Lagoon North Peninsula Transfer Facility Kenai Transfer Facility $259,040.00 302,240.00 320,970.00 SECTION 3. These funds shall be utilized to carry out the purpose of the grants under the terms and conditions specified in the grant agreement and the Borough accepts Kenai Peninsula Borough Ordinance 94-31 Page 1 of 2 responsibility of operation and maintenance of the facilities constructed with these funds. SECTION 4. That this ordinance shall take effect immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 19th DAY OF JULY, 1994. ATTEST: Kenai Peninsula Borough Ordinance 94-31 Page 2 of 2 MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: FOR' Kenai City Council Tom Manninen, City Manager "~~/" Keith Komelis, Public Works Director July 29, 1994 Basin View Subdivision Pavin~ L.I._n Council meeting of August 3, ~9-94 Attached are three proposals for the engineering work to obtain an accurate project cost estimate for paving Basin View Subdivision. If the Council wants to continue With the project I wiil need to prepare an award resolution and set up an appropriation ordinance. A proper L.I.D. also needs to be established. The engineering cost proposals we received for obtaining an accurate project cost are: William J. Nelson & Associates Mike Tauriainen, P.E. Wince, Corthell, B ryson $ 2,780.00 11,178.00 16,333.00 As one can see from the attached proposals, each had a little different idea on how to come up with an accurate project cost estimate. Nelson did not include surveying while the other two firms did. He also is not spending as much time on this project. Council needs to understand that this is not an engineering design project. We will not end up with bidding documents. It is only to come up with an accurate cost for the total improvement (see attachment D). Ail of this work would be used, however, in developing bidding documents should the city ever decide to do the improvements. To help in making your decision on whether or not to continue with this project' Attachment A B C ,.Description Memo - May 3, to Tom from Charlie Memo - May 9, to Council from Charlie Council minutes of June 1 Page 1 of 2 D E F G Request for Proposals (RFP) Nelson's Proposal Tauriainen's Proposal Wince, Cortheli, Bryson's Proposal ldo, however, agree with Charlie Brown's quote: "Considering the cost, lack of grant financing, the development of the area, the use of the roads, and my perception of this project's priority, I place the need for this paving project at a Iow level." In the past the city has normally used grant funds to supplement a L.I.D. It is my opinion that tax payers money should not be usod to finance this type of project. Many tax payers, who live on paved streets, have already paid for their paved streets when they purchased their property. The developer recovers his paving cost by charging more for the property. Thus, this property owner has paid for the paving in front of his house. Now we are considering using some of that same property owners money, which he has paid in taxes, to pave in front of someone else's property. (Who has paid less for his lot because it wasn't paved in front of his house when he bought it.) KK/kw CC: Charles A. Brown, City Finance Director Cary Graves, City Attorney Page 2 of 2 OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-TT94 TELEPHONE 907'-283-7535 FAX g07-283-3014 ~ 199Z TO: FROM: DATE: SUBJECT: Thomas J. Manninen, City Manager . Charles A. Brown, Finance Director May 3, 1994 Proposed Basin View Paving Special Assessment District The City Clerk has received a set of survey forms regarding a proposed assessment district to pave Dolchok Lane (from Beaver Loop to Basin View Drive), Cub Court, and Kim-N-An~ Court. There are 36 lots involved. After delays caused by lack of proper signatures, questioned forms, and the forms themselves, t.he City Attorney and the City Clerk now re~ conclu, de that. (1) the survey forms, taken as a group, a a petition, and (2) there are signatures of owners of 18 (50%) of the benefited properties. See KMC 16.05.030. ,/ f The next step in this process is described in KMC 16.10. 010. Your survey and. report must be given to the City Council within 60 days of April 29, 1994. Your report must.include: (2) (3) (4) (5) (6) Need Scope Estimated Cost: $242,028. Prospective Grants: None are available. Recommended Percentage to be Assessed: The property owners have requested that 25% be assessed, or -$60,516'. The chief sponsor of the petition, Charlie Pierce, has asked that the assessed cost be divided equally (not spread on a square footage basis). That would amount to an estimated assessment of $1,681 per lot. This method would need specific Council approval (K~C ~6.05. ~00). Define the Proposed District: By road as indicated above and by legal description as shown on the attached "Basin View Paving District, Draft--Sample Roi1, 5-3-94". T~ CITY OF KENA 210 FIDALGO AVE., SUITE 200 KENAI. ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 199Z TO: City Council FROM: DATE: Charles A. Brown, Finance Director May 9, 1994 SUBJECT: Assessment Petition, Basin View Paving The City clerk has received a petition from property owners to pave Dolchok Lane (from Beaver Loop to Basin View Drive), Cub Court, and Kim-N-Ang Court. There are 3 6 lots involved. The petition is signed by owners of 18 lots, the minimum required_ under the Code. The next step in the assessment formation process is for the City Manager to deliver a survey and report to the City Council. The City Manager has expressed a direct conflict of interest in this matter and has delegated the survey and report responsibility to me. Scope of ImDFovements The scope of the improvements should be strip paving on the above-referenced~ streets. Incidental improvements, such as culvert replacement and road base preparation, would also be included. Estimated Cost: $242,028. Prospective Grants: None. The General Fund would finance the project. Recommended Percentage to be Assessed The petition asks ~hat 25% of the costs be assessed. This agrees with the proposed rate set out in Resolution No. 92-26, and is the rate that I recommend using if the district is formed. ,ATTACHMENT _. Memorandum City Council May 9, 1994 Page Two Allocation of Costs In a letter to property owners, which apparently accompanied the petition, a suggestion was made that the assessed cost be divided equally among all properties, rather than using the usual square footage method. Total Cost Estimate General Taxpayer Cost, 75% Assessed Cos=, 25% Number of Lots Assessed Per Lot 242,028 <181.512> 60,516' / 36 1.681 Unfortunately, this allocation me~hod was not-' included on the petition, so there is no way for me to know if the property owners support-this method. Council will have to take specific action to use any me~hod other than the square footage method (K~C 16.05. 100). Definition of District: See legal descriptions on the attached ,,Draft--Sample Roil". Need Dolchok Lane is essentially a rural dirt and gravel road in good condition. Its primary use is by residents. It appears to me that through-traffic is limited; the Lane is not a direct-route to other well-populated subdivisions. Of the 36 lots, 21 have dwellings. The City's taxpayers would pay approximately $181,512 (the 75% not assessed). Taxpayer cost per lot (181,512/36) Taxpayer cost per house (181,512 ;21) $5,042 $8,643 This project would pave approximately 3,800 linear feet at a cost of $242,028. By contrast, the City just paved ,Rounded, see "Draft--Sample Roil" ATTAC:IMI~HT ~~~,, ! Memorandum City Council May 9, 1994 Page Three approximately 18,000 linear fee= in the Evergreen/Hailer area at a cost-of $461,270. Therefore, this project would pave just 21% of the amount of roads that were paved in the Evergreen/Hailer area at 52% of the cost. Put another way, estimated costs per linear foot are: Evergreen/Hailer, cost per L.F. Bas in View, cost per L.F. $26 $64 Need must be a function of value and economics. Need is a matter of opinion and degree. I ask myself a simple question: Would the City pave Dolchok Lane at this time, at a cost of $181,512 (the unassessed portion) had there been no petition? The answer to this question isolates the issue of need or priority. It-removes from the decision-making process the pressure to construct a project based solely upon the receipt of a petition and a pledge of property owners to pay a small share of the project costs. I have heard no City official or Coun¢ilm~er place a high priority on this project. /Considering the cost, lack of grant financing, the development ~ of the area, the use of the roads, and my perception of this ~ < project's priority, I place the need for this paving project- ~a= a low level. That concludes this survey and report. Council should give the Administration direction regarding continuing with a preliminary assessment roll, setting of a public hearing, and advertising. If Council desires to continue, rememDer that we need direction concerning any allocation method other than the sq~aare footage me~hod. i / imm ~ / .,., mmmmm m ..mml~m~ I . ATTACHMEHT PAG F.~~_._ ~[= f/Id 4.D lO Suggested by: ?inance City of Kenai RESOLUTION NO. 92-2~ A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALAS~ ESTABLISHING A GENERAL POLICY REGARDING COSTS TO BE ASSESSED TO BENEFITED PROPERTIES IN SPECIAL ASSESSMENT DISTRICTS. WHEREAS, by KMC 16.10.070, the City Council has the authority to determine the percentage of costs to be assessed in special assessment districts; and · WHEREAS, reduced State financing for public improvement projects makes . it necessary that more costs be assessed to benefited properties; and .. WHEREAS, citizens desiring to form assessment districts have a need to know in advance of the petitioning process the portion of the pro~ect that is likely to be assessed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1: The policy of the City Council regarding percentages of costs to be assessed in special assessment dis~ric~ is a general rule. It is,meant to inform the City a~ministration and citizens of a usual rule to be followed, and it applies to a~l types of improvements. The Council reserves the right-to apply percentages different from those that follow based upon unique characteristics of each project. It is not implied that the Council must form an assessment district with each projec=. The policy is subject to all State, City Charter, and City Municipak Code requirements and restrictions. Section 2_. In developed areas that include numerous owners, each benefiting somewhat equally, the assessment rate will b.e 25% of all e~igible costs. The Council intends that all e~igible costs include the entire project costs defined by KMC 16.05.090. · Section 3' In Partially developed or undeveloped areas that include one or a small number of property owners, the assessment rate will be 100% of all eligible costs. This is the rate that will apply in situations where the owner or owners are essentially acting as developers, with the intent of marke=±ng and profiting from the developed land. The owners may have to waive the limitations placed on assessments, as provided by KMC 16.05.010(b) and Section 7-3 of the City Charter. In addition, the City may require cash or other assets to be advanced or pledged to the City as security that the assessments will be paid. Generally, the unsecured portion of the assessments should not exceed 30% of the cost of the improvements. The City may require that the owner or owners enter into a contractual relationship with the City to ensure payment of the assessments. Resolution No. 92-26 Page Two PASSED BY THE COUNCIL OF THE CITY OE KENAI, ALASKA, this 6th day of May, 1992. ATTEST: Carol L. Freas, City Cler~ Approved by Finance (4/22/92) kl KENAI CITY COUNCIL MEETING MINUTES J//NE 1, 1994 PAGE 2 MOTI O~: Councilman Smalley MOVED for approval of the consent agenda as presented and Councilwoman Monfor SECO~DED the motion. Smalley requested UNANIMOUS CONSENT. There were no objections. SO At this t~e Mayor Williams presented gifts the City of Kenai received from Milan, Italy and Mt. Gambler, Australia. ITEM B: SCHEDULED PUBLIC CONM_~ Paul. DaXe (Snug Harbor): City dock lease. Heard after Item B-4 due to delay of Mr. Dale arriving to the meeting. Cllarlie Pierce: Basin View Paving Project. Introduced himself as residing at 555 Dolchok Lane, Kenai. Pierce referred to discussions Council held at their May 18, 1994 meeting regarding the merits of road improvements in the Basin View Subdivision. Pierce added he had circulated a letter to his neighbors and proper~¥ owners in the subdivision asking wna~ ' . their desires were ~n regard to forming a special assessment , district in order to have road imProvements done in the , subdivision. , , , Pierce stated he received Finance Director Brown's letter stating Council's decision to not go foz-~ard with the assessment district. Pierce added he was disappointed in the decision. He also received a copy of Brown's opinion and estimation of costs for such an improvement project. Pierce distributed to Council a listing of his survey results. Pierce stated 20 of the property omlers ag~'eed to pay a not-to- exceed amoun~ of $1,736. P~erce consulted with City Engineer Jack La Sho~ in regard t,o the, .e.s~i,,m.a.~.ed c.os.~s, an.d. scope, 9f the project. , Pierce explained their road is a rural dirt road which has been maintained by the City. The City has provided grader service, snow removal, etc. The road is primarily used by the residents of the subdivision. 52' vehicles reside in the subdivision. I Illl I I · I Il n Il , I KENAI CITY COUNCIL MEETING MINUTES JUNE 1, 1994 PAGE 3 Pierce questioned the comparison of costs for paving of Basin View Subdivision to the Hailer/Evergreen paving projec~ and asked wta¥ the cost. s were higher for 9aving in the Basin View Subdivision. Pierce requested Council's re-evaluation of the requested paving project. Pierce reminded Council he came before them las= year and requested dust control application be made in his subdivision. At that time, Council encouraged him to try to make a special assessment district. Requested Council give consideration to his comments and concerns. Swarner asked Kornelis when Dolchok Road was accepted by the City. Ko..elis stat. ed he did not. know. Kornelis added he was no~ sure the road was built to city standards, how long the road has been there or--when it was upgraded. Smalley asked when Hailer/Evergreen was upgraded. Kornelis stated it was upgraded because of problems with culverts and drainage. State grant monies paid for most cos'i::s for the upgrade. Brown stated Evergreen improvements were made seven or' eight years ago. The costs in his memorandum regarding paving of Basin View Subdivision are correct, costs. Those cost. s include dirt work, etc. Brown added the Evergreen road base was in good condition at. the time of paving. The road base of Basin View is in poor condition. There were no assessments ~o the property om'~ers for the gravel up~'ade on Evergreen. Pierce pointed out the property owners of the subdivision have stated they would pay 25% of the road improvements and asphalt paving. Monfor stated if the residents were willing to pay 25% for the paving and the improvements, the project should be reviewed as to its viability. Kathy soott - Scott pointed out that two of the property owners in the subdivision are city employees. Sco~t s~a~ed she too was disappointed in learning the Council's decision. ~Scott added the residents did no~ understand the survey was mean=-to be a '" Ja~ Petty - 509 Dolchok Lane. Agreed with concerns of Pierce and requested.Council's reconsideration of their decision on May 18. Williams stated Administration prepared a plan for upgrading/paving of all city roads. Williams requested - · · , ..~ .~ ~ . _.~_.~-...- , KENAI CITY COUNCIL MEETING MINUTES JUNE 1, 1994 PAGE 4 Administration to see where Dolchok is on that list. Williams added Dolchok Lane was not built by the City, but by the subdivider. Williams requested Council to have Administration supply a plan to include the engineering work, coring, etc. needed to know how whether the road is acceptable for paving. After reviewing that information, a determination can then be made as what the cost would be for the paving of the subdivision. Monfor suggested consideration should be made to when and if sewer and water would be added to that area so that the road would not be paved and then immediately torn up to put in water and sewer. Williams suggested it would be a long time before water and sewer would be considered for that area. Bannock stated he agreed with Monfor's suggestion. Bannock added he did not feel there was any excuse for the road not to be to code. Bannock stated he believes residents are owed wa=er, sewer, roads, police and fire protection without assessments. Discussion continued regarding Dolchok Lane and when it was built, etc. Kornelis stated City Engineer La Shot did the inspection of the road. Kornelis felt sure the road was correct in order for La Shot to have accepted the road. Kornelis added he did not think there were any major problems with the street. Williams asked Administration proceed to find out the costs of paving the road and then a determination can be made from where funds will be taken/received to do the work. Williams suggested cost estimates be returned to Council between July 1 and the end of the year. The matter can then be addressed before the next legis_lative session~. Korn'~lis 'stated c'~s= estimates can be done by the engineering department. If Council wants holes dug, gradation, etc. it will take months if done by construction firm. Williams suggested a "Request for Proposals" be sent to engineering firms for an estimated cost of $15,000. Swarner and Bookey disagreed, stating they thought they needed to discuss the matter further, etc. Discussion followed regarding the building of the road. Monfor stated whether a cost estimate is done in- house or by an engineer firm, there is a better chance of receiving funds from the legislature if there has been in-kind work done on the project already. Manninen stated he has a conflict of interest in regard to the project. However, believed the information a~ the las~ meeting was accurate information from La Shot, Brown and staff. KENAI CITY COUNCIL MEFTIN~ MINUTES JUNE 1, 1994 PA~E 5 Councilwoman Monfor MOVED for Administration to go out for a RFP costs and "0~ '~he 'ec~. Coun~'~t~n BOokey S~CONDED the. scoge p~o] motion. There-'wer~---~8' objections. SO ORDERED. D&vi~ Beo~ett: Acquisition of City Property for Habitat for Humanity. Beckett introduced himself as the Vice-Chair for the Habitat for Humanity. Thanked the City of Kenai for its support of their program. Beckett informed Council Habitat for Humanity has selected their next family for their third home. At'their-last- board meeting they were looking for possible available lots in the Central Peninsula area. Beckett requested the City of Kenai to find what properties may be available that fall under-the rules of the Code, i.e. properties which have been foreclosed upon for ten years. Williams suggested Administration do Administrative Assistant Howard stated she would do that and reminded Council any lots to be donated to this organization must be worth less than $10,000. Williams suggested lots which had been for Sale on Evergreen. Howard stated the Code requires the properties to be foreclosed properties. The Evergreen lots were not foreclosed properties. Williams suggested the Code could be changed on a one-lot basis. Williams added it is a worthy organization and project. Lee Rich- 207 Norman. Requested the City look for wa~er/sewer monies for Colonial Subdivision. Bm4. GUs Rodes~ Protocol for Public comments at Council Meetings. Rodes stated his address to be 207 Birch Street, Kenai. Rodes ex~Dlained Mayor Williams illegally stopped the last council meeting before he was done speaking. Rodes requested an explanation of the protocol for public comments at council meetings. Williams stated the decision to stop the meeting was due to Rodes' demeanor during his comments. Williams stated he would rule Rodes ou~ of order again if his demeanor did not change. REQUEST FOR PROPOSALS The City of Kenai is seeking Proposals for professional .services on the following project: BASIN VIEW SUBDIVISION PAVING IMPROVEMENTS Interested firms are asked to submit throe (3) copies of their proposal. Specific information would, as a minimum, include: specialized experience, individual work assignments, project approach, project scope, project schedule, and not-to-exceed figures. It is not necessary to provide expensive to print proposals. Simple staple bound copies am sufficient. A copy of each firm's proposal may go to each of the City of Kenai's Council members with the remaining copies rotain~l by the Ciht Administration. lhe Public Works Administration will make a recommendation to the City Council. The firm will be chosen by a resolution passel by the complete Council. DEADLINE FOR SUBMITTING PROPOSALS The deadline for submitting proposals is July 27, 1994, 5:00 p.m., local time. Please submit your proposals in a sealed envelope, marked in the lower loft-hand comer with "Basin View Subdivision Paving Improvements." PROPOSAL CONTENT Include information for each of the following items organized in a logical manner to enable a proper evaluation. The firm's specialized experience in the type of work required. Include a record of the firm in accomplishing work on other similar projoets in the required time. o List the qualifications and experience of the individuals who are going to actually per[om the work on this project. Include the complete resumes of the individuals that your firm is going to assign to the project if awarded. e Give the geographical location or locations where the work on this project will be performed. Also include information to indicate your firm's knowledge of our local situation. e Give an explanation of how your firm will approach this project and how this project would fit into your firm's list of priorities in your current workload. Page 1 - R.F.P. Basin View S/D Paving Imp. L_/_ PAG --_ OF ~ Se Give your firm's proposed work schedule showing major items to be accomplished and dates you will accomplish them. Give a manpower allocation to each work task for each project. e Give the rates at which your firm proposes to perform the services with a not-to- exc~d figure for the project as a whole with a breakdown to show the expense and effort needed for each work task showing how the total figure was arrived at. The City of Kenai is asking for a not-to-exceed figure and hourly rates. The Council of the City of Kenai mag or may not choose the firm which has the lowest rates and lowest not-to-exceed figures. All of the above factors will be considered in the selection. ERRORS AND OMISSIONS INSURANCE: Errors and Omissions Insurance will be provided in the amount of $250,000 minimum. PROJECT DESCRIPTION: The City of Kenai is seeking an accurate cost estimate to jprovide paving for th® roads in the Basin View Subdivision. The successful consultant ~wiil provide the city with a detailed breakdown of the costs for paving each road in the ~subdivision. This work is for preliminary design only. Proper handling of drainage is of ~utmost importance, as is removal of FSM in the subbase before paving. Extensive test ~holes and soils analysis are required. While bid ready documents are not required, an ~accurate spread sheet with quantities and costs is required. The final product will be a ~report or study that accurately shows the cost to pave the roads in this subdivision and ~~~, ,~ include cost estimateswill for the following items: '~ Administration: Project Cost Analysis: (this project cost) i Final Engineer Design: ! Inspection & Surveying: / Construction: . / Contingency: Total Project Cost: $ ~ The report or study will have a detailed itemized cost breakdown of each item listed [ above. The Municipality of Anchorage Specifications with the City of Kenai Modifications and proper engineering design criteria are to be used for this project. lease contact the City of Kenai Public Works Department for additional information. BASIC SERVICES Basic services will be performed under our standard contracts. Page 2- R.F.P. Basin View S/D Paving Imp. TENTATIVE SCHEDULE ,, Engineer RFP due ........................................... 7/27/94 Engineer contract award ........................................ 8/5/94 Complete Report or Study ....................................... 9/5/94 Page 3 - R.F.P. Basin View S/D Paving Imp. 0 tim ;. ell ,,. ,. --. 'x · · . . PROPOSAL TO PROVIDE ENGINEERING SERVICES BASIN VIEW SUBDIVISION PAVING IMPROVEMENTS COST ESTIMATE CITY OF KENAI, ALASKA Submitted By' Wm. J. Nelson & Associates 215 Fidalgo, Suite 204 Kenai, Alaska 99611 July 27, 1994 Wm. J. 215 I=IOALGO, SUITE 204 & Associot s KENAI, ALASKA 991911 CONSULTING ENGINEERS STRUCTURAL / CIVIL / PLANNING [907l 21993-35193 FAX (907] 2EI3-4514 July 27, 1994 Keith Komelis Director of Public Works City of Kenai · 210 Fidalgo Kenai, Alaska 99611 Re: Basin View Subdivision Paving- RFP Dear Mr. Kornelis, My proposal for Basin View Paving Improvements is attached. I will personally provide the project management and project review of the project. Oran Woolley will be the project engineer and will perform the soils investigation and quantity estimates. Charles Bilderback will also assist in the preparation of test hole logs. A local soils lab will perform soils testing. I propose to use a backhoe to excavate 12 holes on Dolchok Lane, Kim & A Court and Cub Court. I expect that the road was built by stripping out the frost susceptible material and backfilling with gravel obtained from roadside borrow pits. The purpose of the soils investigation will be to determine the following' 1. Suitability of existing road materials for use a base under proposed paving. 2. Determine whether unsuitable soils or cleahng debris were buried in the road prism. 3. Estimation of sizes of bury pits located in the road prism. Typical test holes will be six to twelve feet deep depending on the depth to suitable native NFS soils. The holes will be dug in the existing roadway to determine the nature of existing soils and their impact on the proposed construction of the paving and drainage improvements. We also propose to run a level loop through the project to determine overall drainage constraints. It appears that a low spot at the location of the drywell on Kim & Ang Court will have a significant influence on the design of drainage improvements for the project. All design work will be performed in my office, located at 215 Fidalgo, Kenai. We are currently working on a similar road design for the City of Soldotna. We have adequate staff to complete these projects and the Basin View project simultaneously. We will have no trouble with keeping the project on schedule. Due to our highly computerized design methods, we were able to prepare the plans for the Hailer-Evergreen-McKinley paving project in three weeks, thereby getting the project out to bid two weeks earlier than scheduled and making it possible to pave the project prior to freeze-up this fall. We will begin surveying and soils investigation promptly upon receipt of Notice To Proceed. We currently carry $250,000 professional liability insurance and have maintained continuous coverage since the firm was founded in 1982. I propose to provide the cost estimate and report as described in the Request For Proposals for a fee not to excee~ $2,780. An estimated design budget is attached for your review. Design surveying and preparation of bid ready documents usually ranges around 6 % of the cost of construction. Construction inspection, construction surveying and quality control testing usually ranges around 10% of construction cost. Sincerely, Wm./J. Nelson, PE PROJECT MANAGEMENT Wm. J. Nelson, P.E. will be the Project Manager for the Basin View Subdivision Paving Improvements. Mr. Nelson will be the contact for the City Mr. Nelson will also coordinate and supervise the work of others on the project and will be involved with review of the project cost estimate and report. Mr. Oran Woolley will be the project engineer. Mr. Woolley will log the test borings, prepare the construction cost estimate and will run the survey level loop. Mr. Buck Bilderback will assist in the survey and drafting test hole logs. Soils testing will be performed by a local soils lab. As principal of Wm. J. Nelson & Associates, I am personally involved at all phases of the project from pre-project planning through soils investigation, field surveying, preliminary design, final design, bidding, pre-construction, construction and post construction, the City is assured project continuity and minimizes the chances of "dropping the ball" with resulting costly change orders. We have successfully employed this concept on all of the numerous projects that Wm. J. Nelson & Associates has completed for the City and have proven it to be an effective and efficient management method. ATTACHMEr, ~ PA "'F. __ .... SCOPE We propose to strictly adhere to the Scope of Services defined in the R.F.P. and as restated in the Methodology of this proposal. The project Scope includes the provision of soils investigation and cost estimating services for Basin View Subdivision Paving Improvements,located in the City of Kenai. The project consists of Dolchok l_ane (2700 ') Kim & Ang Court (800') and Cub Court (250'). We propose to accomplish the project by following the plan outlined in the Methodology section and utilizing the staff and organization described in the Management section. In the Methodology section we have broken down each phase into tasks and have listed the specific objectives of each task. This method of pre-project planning has enabled us to accomplish our design projects without costly change orders. We have completed several projects for the City of Kenai using this method including' Haller, Evergreen, McKinley Paving (1993), Setnet Drive and Setnet Court Street Reconstruction and Paving (1992), Cohoe and Coral Streets, Old Town Streets, Marathon Road, Float Plane Road, and Kenaitze Court. METHODOLOGY TASK 1' Research * Secure plats along all proposed improvements, check fight of way. * Obtain copies of Topo Maps for Basin View Subdivision from City-wide mapping TASK 2' Soils Investigation * Verify location of utilities prior to digging. * Excavate 12 test holes to 6 to 12' deep to NFS soils * Log holes in field, visual classification. * Submit representative samples for lab testing/frost classification. * Make recommendation regarding usable/unusable insitu soils. TASK 3' Field Survey * Review plats. * Run level loop through project for drainage concerns. TASK 4- Cost Estimate/Report * Review City of Kenai topo maps and existing street asbuilts, analyze drainage. * Verify fight of way and additional fight of way easements. * Identify typical street crossection & approximate limits of excavation. * Identify utility conflicts per utility field locates/obtain relocate cost estimates * Identify drainage scheme. * Prepare spread sheet with bid items/estimated quantities and costs. * Prepare test hole logs and lab test results. * Prepare summary report & submit to City. 0 0 FEE SCHEDULE Basin View Subdivision Paving Improvements Engineering/Inspection Personnel Regular Time Over Time Civil/Structural Engineer (Principal) Civil Engineer II AutoCad/Engr. Technician Clerical 90.00 per hr. 60.00 per hr 45.00 per hr 35.00 per hr N/A 70.00 per hr 57.00 per hr 45.00 per hr Direct Project Expenses Third Party Charges Invoice Cost Plus 10 % Equipment: Vehicle (First 40 miles included in daily charge) 20.00 / day plus .50 / mile CITY OF KENAI Basin View Subdivision Paving Improvements Proposal For Engineering Services Prepared For: City of Kenai 210 Fidalgo, Suite 200 Kenai, AK 99611-7794 Prepared By: Mike Tauriainen, P.E. Consulting Engineers, Inc. 35186 Spur Highway Soldotna, AK 99669 July 27, 1994 CONSULTING ENGINEERS, lNG. Mike July 27, 1994 Jack LaShot, P.E. City Engineer City of Kenai 210 Fidalgo, Suite 200 Kenai, Alaska 99611-7794 Subject: Proposal for Preliminary Engineering Services For Basin View Subdivision Paving Improvements Mr. LaShot: In accordance with your RFP, we are pleased to submit this proposal for engineering services for subject project. We propose to provide engineering survey, soils, preliminary design, and cost estimating required for this project. We have evaluated the scope of the work, and are able to accomplish the City's requirements and scheduling with our current staff and resources. This proposal will demonstrate to you the strong capabilities and extensive experience of our firm. We look forward to working with you and are available to discuss our capabilities and approach in greater detail at your convenience. Sincerely, Mike Tauriainen Attachments b: \wp60\pro posal\basinvie, pro 35186 SPUR HWY SOLDoTNA, AK 99669 (907) 262-4624 FAX 262-5777 1. PROJECT SCOPE The proposed project consists of preliminary engineering services for the proposed Basin View Subdivision Paving Improvements. We understand the City desires an accurate assessment of soil conditions, drainage requirements, and a good cost estimate based on the preliminary design. Construction drawings and specifications are not required. We will provide existing roadway centerline alignment with elevations on plan and profile sheets. This preliminary drawing will show recommended ditch grading and centerline grades. We anticipate the need for dry wells, however, we will evaluate an outfail to Beaver Creek. With the preliminary design we will prepare a report of findings and recommendations with a detailed cost estimate. 2. QUALIFICATIONS AND EXPERIENCE- DESIGN TEAM/FIRM Mike Tauriainen, P.E., Consulting Engineers, inc. will be the lead consultant with overall single source responsibility for the project. All questions, directives and correspondence for the duration of the projects, will be handled by our Project Engineer, Henry Knackstedt, and overseen by the Principal Engineer, Mike Tauriainen, P.E. Whitford Surveying, located in Kenai, will perform the surveying. We see no difficulty in accomplishing the design by September 5, 1994 as indicated in the RFP. We have a good record of completing design projects for the City on time. 2.1 Qualifications of Firm Mike Tauriainen, P.E., Consulting Engineers has been providing civil engineering services on the Kenai Peninsula since our founding in 1978. Our firm includes two registered civil engineers, four design engineers, one draftsman/technician, two clerical/computer persons, and an office manager. Staff backgrounds include: · Extensive experience in municipal street, drainage, water and sewer system design. · Extensive experience with computer aided design (CAD). · Many years experience in solving soils-related construction problems. · Extensive experience in street design in and around the Kenai area. · Good working relationship with City personnel. Whitford Survey has several years of professional surveying experience here on the Peninsula and throughout Alaska. We have worked with Whitford Survey on several projects, Mike Tauriainen, P.E., Consulting Engineers. Inc. Soldotna, Alaska 1 Basin View Subdivision Paving Improvements July 27, 1994 PROJECT APPROACH AND SCHEDULE 5.1 Approach Immediately upon award of contract we will have a predesign meeting with the City and begin the survey. The surveyor will supply us with an AutoCAD drawing showing existing road centerline at 50 - 100 foot intervals. The drawings we receive from the surveyor will be preliminary for drainage evaluation. While the survey is being performed, Mr. Knackstedt will begin the soils investigation. Excavation of test holes will be at 250' intervals with additional test holes at selected locations if necessary. We understand that bury holes may be present, and our soils investigation will be performed in a manner to determine the extent of any frost susceptible soils in the test holes. As soon as we receive the survey we will show proposed drainage plans on the drawings. The test hole data will be included with the profile drawing. We will have the utilities located pdor to digging test holes so we will be able to identi~ any utility conflicts. $.2 Project Tasks/Schedule Work tasks for each phase of the project are as follows. Preliminary Phase' · 5 August through 17 August-- Surveyor completes survey and drawings. · 11 August through 12 August --Soils Investigation · 17 August prepare typical mad section · 18 August through 5 September-- Complete Preliminary Review and Cost Estimate. · 25 August-- Submit Design to Utility Companies for Cost Estimate. We currently have a moderate projected Fall workload and this project will be a high priority. Based on our understanding of the proposed work and our planned approach, we anticipate completing design on the schedule indicated in the RFP. Cost estimates from utility companies may not be timely, so the final estimate may not be complete until we have their response. Mike Tauriainen, P.E., Consulting Engineers, Inc. Soldotna, Alaska Basin View Subdivision Paving Improvements July 27, 1994 7. FEE SUMMARY 7.1 Basin View Subdivision Paving Improvements ,, Survey LS 1500 $1,500 Aug $ - 17 Eli! 2 60 $120 Soils Investigation Backhoe 12 75 $900 Aug 11 - 12 EIII 14 60 $840 Gradations 6 60 $360 Drainage Eill 30 60 $1,800 Aug 18 - Sept 1 PE 6 95 $570 Drafting 16 50 $800 Cost Estimate EIII 40 60 $2,400 Aug 22 - Sept 2 SI 4 38 $152 PE 5 95 $475 Report EIII 14 60 $840 Aug 29 - Sept 5 PE 3 95 $285 SI 2 38 $76 Expenses (Prints, Copies, Etc.) LS 60 $60 TOTAL NTE FEE $11,178 Mike Taudainen, P.E., ~ 'i".-' ....i;~ ~-,..~ "~" ' ~"~' - Basin View Subdivision Consulting Engineers, Inc. .r-'. Paving Improvements Soldotna, Alaska 7 ' ~' ? July 27, 1994 MIKE TAURIAINEN, P.E. CONSULTING ENGINEERS, INC. PERSONNEL FEE SCHEDULE Professional Services Principal Engineer Engineer I Engineer II Engineer III Engineer IV Scientist I Scientist II Scientist III Scientist IV Technician I Technician II Technician III Technician IV Draftsman I Draftsman II Secretary I Secretary il Computer Expenses $95/hr. 80/hr. 70/hr. 60/hr. 50/hr. 75/hr. 65/hr. 55/hr. 45/hr. 55/hr. 47/hr. 40/hr. 32/hr. 50/hr. 35/hr. 38/hr. 30/hr. 30/hr. Travel in company vehicles at $.40/mile Field vehicle daily rate $35/day plus $.25/mile Company Aircraft (Cessna 172) $50/hr. Job incurred expenses will be billed at 1.1 times the actual expenses and include but are not limited to: reproduction subsistence commercial transportation contracted services materials and supplies shipping Unless previous arrangements have been made, all statement amounts are due and payable within 30 days. Outstanding accounts after 30 days from the date of original billing will be charged interest at the rate of 1 1/2% Per month and will be retroactive to the date of the original billing. PROPOSAL TO CITY OF KENA I 210 F/DA/. G 0 STREET KENAI. ALASKA 99611 FOR BA SIN VIEW SUBDIVISION PA VING STUD Y FROM WINCE- C OR THEL L -BR YS ON CONSUL TING ENGINEERS P.O. BOX 1041 KENAI, ALASKA 99611 (907~ 283-4672 WINCE- C OFt T/-/ELL -BR ¥$ ON CONSUL TING ENGINEERS P.O. BOX 1041 K£NA/, ALASKA 99611 f 90 7) 283-4672 July 2 7, 1994 City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Attention: Keith Kornelis- Public Works Director Jack LaShot- City Engineer City Council Members Subject: Basin View Subdivision Paving Study In response to your formal request for proposals to provide Engineering Services for the sub/oct project, we are pioased to submit th[s document ~or your review. In preparation for this submittal, we have v/sited the project site and have reviewed both the proposed Scope of Work and ava~lobio d~t~ pertinont to th[s project. The proposed project is similar in nature to numerous projects designed by our firm in recent years throughout Kenai. Through past projects, we have acquired a strong working knowledge of both the underground utilities and soils conditions in and around the Kenai area. We are also aware of the expectations and engineering needs of the City of Kenai and its residents through our professional association with the City. We look forward to working with the City on this project. Should you have any questions regarding this proposal, or require additional information, please do not hesitate to contact us at your earliest convenience. Sincerely, Casey Madden, P.E. Win c e- C o rth eil- Brys o n INTRODUCTION Wince-CortheiI-Bryson is a multi-disciplined Engineering firm with over 30 years of experience in the Kenai area. We have designed and managed the construction of numerous road, water, sewer, drainage, and paving projects throughout Kena/, most recently completing the Airport Master Drainage P/an and Study which included the massive earthwork, ditching, and storm drainage project that took p/ace in 1992 and 1993. Due to the regulation requirements concerning collection, discharge, and water quality for storm drainage systems, we have designed six storm water sedimentation/oil water separators within the last couple of years. We are familiar with the requirements and concerns of the reviewing agencies and have successfully obtained the necessary permits within a reasonable time frame for all the projects. PROJECT DESIGN TEAM Should we be awarded the project, Mr. Philip Bryson, Principal in Charge of our Kenai office, will assume the duties of Project Manager and Lead Design Engineer. Phil's current work load will allow him to begin work immediately on the project and complete it within the proposed schedule. Mr. Bryson has completed numerous projects similar to this project throughout the Kenai area over the past 20 years and [s ~omiliar with the pro/ect area as wei! as the problems associated with the streets soils and drainage conditions. Mr. Bryson will be assisted by Patrick Malone, RLS who wi//perform the field surveys and prepare the project mapping from which the preliminary design w/i! be made. Both Philip's and Patrick's resumes are attached for your review. PR 0 JEC T A PPR OA CH Mr. Bryson has completed his current project work load and will be available to dedicate nearly 100% of h/s time to th/s pro/ect should it be awarded to us. Our scope of work would include a thorough subsurface investigation with a backhoe to visually determine soils conditions and to locate any bury pits if possible. We anticipate about twont¥ test p/ts w/i/ be necessary. A topographic survey will be necessary to accurately determine drainage patterns and earthwork quantities, as well as to locate potential utility conflicts. The topographic survey will locate improvements adjacent to and within the right of way and provide elevations from which our engineering software can generate contour mapping and quickly extract alternative plan, profiles, and cross sections to eValuate for drainage and earthwork requirements. Parks chief named SYstem veteran to come north By STEVE RINEHART Daily News reporter · Yellowstone National Park Superintendent Robert Barbee, veteran of the ~reat fires of 1988 and many con- troversies about, wolves, bears, bison and ~eysers, was named Monday to take over the federal park system in Alaska. He will report for work late this summer, replacin~ John Morehead, who is retir- ing. · Barbee has managed parks around the country. He hasn't spent much time in Alaska, but park advo- cates in the West described him as straightforward and fair-minded, with backbone .enough to deal with compet- [n~ user groups, demandin~ environmentalists and med- dlin~ politicians. "When he is committed and believes he is right, he'll stick by it," said Terri Mar- tin, Rocky Mountain spokes- woman for the National Parks and Conservation As- · sociation. The park watch- dog group has agreed with Barbee on some issues and argued with him on others, she said. "No matter whether we agreed or were adversaries he was still very good to work with. lie was .fair, and listens to all sides," said Bob Ekey., spokesman for the Greater Yellowstone Co- alition, a private group rep- resenting about. 100 groups. Barbee, 58, said he was not very familiar with the 54 million acres of Alaska" parks, preserves and monu- me. uts that comprise almost two-thirds of the acreage in .,. the national park system. All the same, he said in a telephone interview on Mon- day, "I am really looking forward to it." He discussed some issues in general terms. Please see Back Page, PARKS PARKS: New chief named for Alaska Continue~ from Page A-1 ! snowmachining, that may be gateway to the park. He said harming the park. Barbee's he would try to advise busi- In 11 years managing the instinct is to side with vlsi- nesses and local residents to nation's oldest and one of its tors, Martin said. "He is a build in a way that comple- most popular parks, he said, believer in parks being ments the park. he's learned that there are places for people." , .. In all of these issues, the limits to the number of vlsi- Another Yellowstone is- head of the park service in tots a park can hold while sue with parallels in'Alaska Alaska takes heat from citi- still providing a quality ex- is the development and use zeus and from politicians. perience, of land that is ouiside the "I am familiar with polit- "These resources are fi- park border but close ical pressure," Barbee said. nite and, at least in the enough to affect park wild- "From Yellowstone, and all Lower 48, there appears to life, scenery and other val- of the places I have been, I be an infinite number of ues. Barbee said a big part am well aware of the vari- people wanting to visit," he of his job has been dealing ous dimensions of an issue." said. with neighboring landown- After wildfires devastated In Alaska, those pressures ers and local governments, parts of Yellowstone six are most apparent at Denali Border development is years ago, some in Congress ~ational Park, where vlsi- most intense at the so-called called for his resignation. tors g~t bottlenecked near gateway communities, such But Ekey and Martin said the gate each summer and as the one growing up out- Barbee stood by his convic- often must wait a day or side Denali. Barbee said tions. "He emerged from more before traveling out those communities, although that standing up, and he the buses-only park road. criticized as tacky by some never backed off from the Barbee said he knows a lit- park advocates, will be an position that wildfires are tie about Denali National increasingly important natural in a national park," Park, because he Worked on source of hotels and other Ekey said. a park transportation study, visitor services. In another Alaska change, But he was unwilling to "We are not going to be the park service announced discuss specifics, building lots of stuff in the that Wrangell-St. Elias Park Martin and Ekey said parks," he said. Superintendent Karen Wade that, in some cases, they The park service cannot has been reassigned to man- thought Barhee has been too control the development of age Great Smoky Mountains reluctant to limit tourist those towns, even though National Park in Tennessee pressure, such as winter they become the unofficial and North Carolina. '' tM,,,a ag ' R p t !r, porn ers e or ,Li Month Era Alaska Marl(Air JAN 5,271 2,940 FEB 4,747 2,276 MAR 6,068 2,944 APR 5,041 2,345 MAY S,860 2,766 JUN 6,62~ 3,972 JUL AUG SEP OCT NOV DEC Totals 33,615 17,243 Monthly Totals 8,211 7,023 9,012 7,386 8,626 10,600 0 0 0 0 0 0 50,858 MarkAir: 37.5% (3972) June 1994 10,§00 TotII June 1993 9,402 Total MarkAir Era Alaska: 62.5% (6628) (~1 ha C~I I~ 0 0 .,j 0 -,,I (:X) O0 CX) (:~ rJ1 m 1993 - 1994 lx~g-Term Pay' Parking Total Receipts-July 1, 1993; thru June 30, 1994 Parking-$ 63,003.98 3 2 Permits - 8,187,84 ~ P8 c~ Total -$ 71,191.82 ITotal Daily Average Parking ReCeipts for3 6 5 Days - $172.61 I , I I I I I I i I , I I, I I I II Final Report Fiscal Year 1993 ' 1994 201 INFORMATION. ITEMS Kenai City Council Meeting of August 3, 1994 1. 7/20/94 Kenai City Council Meeting "To Do" List. 2. 6/25/94 Council letter to Exxon Valdez Oil Spill Trustee Council in support of acquisition of Chester Cone property, along with their response. 3. 7/27/94 Ronda Thompson thank you letter and Agreement with Sakhalin Region. 4. 7/25/95 Alaska Journal of Commerce article "Petro Marine Begins Diesel Fuel Shipments to Russia." 5. 7/25/94 letter regarding state revenue sharing from Commissioner Blatchford. 6. Kenai Peninsula Borough Ordinance 94-30: An ordinance accepting and appropriating a grant from the State of Alaska for the Kenai Peninsula Borough Coastal Management Program (enacted 7/19/94). 7. Kenai Peninsula Borough Ordinance 94-27: An ordinance amending the sales tax code (enacted 6/21/94). 8. 7/29/94 Clerk memo to Council regarding items available for review in Clerk's office. 9. Glacier Environmental Services- Pay Estimate No. 4. 10. 7/28/94 Springer memo regarding City Hall vent windows. 11. 7/21/94 Manninen memo regarding action memo procedure. KEN&T C'rTY COUNCTL MEETIN(3 Jul]~ 20, 1994 "TO DO LIST" Kayo Put restroom facilities on the beach. (Frates) Clerk 1. Write letter immediately to Exxon Valdez Oil Spill Trustee Council stating City's support of their acquisition of the Chester Cone Kenai River property and requesting they expedite the review process. 2. Write resolution stating same for next packet. 3. Write letters appointing new members to Council on Aging. D: \WP51 \f. ll NUTES\ 1994\72094 .DO July 25, 1994 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ Jim Ayers, Executive Director Exxon Valdez Oil Spill Trustee Council 645 G Street Anchorage, AK 99501 RE: Small Parcel Acquisition Program- Chester Cone Kenai River Property Dear Mr. Ayers: The Kenai City Council has learned that Chester Cone has submitted to the Exxon Valdez Oil Spill Trustee Council his application for consideration of the Trustee Council's acquisition of his property on the Kenai River. It has been the position of the City Council and the City Administration for many years that the Cone property deserves special attention with regard to future use. It is our desire to see this property developed for special public purposes while maintaining the river banks in a manner consistent with habitat creation and protection. We strongly urge the Council to give every possible consideration on an expedited basis towards the purchase of this most valuable Kenai River property. Very truly yours, CITY OF KENAI ohn J /~ 1~~. cc- Chester Cone Jim Butler D: \t4P51 \MAYOR\CONE. LTR Exxon Valdez Oil Spill Trustee Council Restoration Office 645 G Street, Suite 401, Anchorage, Alaska 99501-3451 Phone: (907) 278-8012 Fax: (907) 276-7178 July 27, 1994 John J. Johnson Mayor, City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 Dear Mr. Johnson' Thank you for your letter in support of acquiring the Cone property. This parcel is now being reviewed for its benefit to restoration of the resources injured by the Exxon Valdez oil spill. Your comments will be forwarded to the Trustee Council as the review process goes forward. Thank you very much for sending us your comments. ~Yames. R. A_yers .//Executive Director ira/raw Trustee Agencies State of Alaska: Departments of Fish & Game, Law, and Environmental Conservation United States: National Oceanic and Atmospheric Administration, Departments of Agriculture and Interior e¡!‡E˜¢‡,0&äWÕaÐ ¸A°\–‡,CðM‰[0Õ`PB$àzí.cɶÀD,]!Ë«,+Ü sg½û¿.û÷rCo•e–A`nBÕ®ºÚì+?áÄR…¼öCŽ¦,¨×°^__!wÉ+Á˜ ^þ‚D˜F€YÀ ´Çÿåò÷„ù ‚-B…EÅ¿UrC ™ ´ý¯þõåAå/x½//GÂ$…A*ˆë¿ü÷ÝCØå‚`ë´vÜ 9 ‰J0El0ôÿÿ¿Wõ‚í: Z#{m “O$äëÿû{IþûµïC`F'D…×_úëÞªz«ü¯ËN˜OæwY aDX ô-Vÿÿµñ·Uîî/y‚ÃEpxÂ&¬e…`*` SãþÿׇëÞº¯¿¼ì²Cà"ÌãrC&Ä,¨À“@HÕþý¿Âïê¯_——[ð pY†B–!XfƒkóaœÔ¬¿þþà¥ûõ_í]ò‡à"èÁ|+dȐ…–#þõÿ+¬­áúÿòºZKðBx‚•eY»!C„EŸùÿL×­­ÿ¿×î!-vìiËW‹0CÆ "(ühõÿ¿®`âä„9ÎÀÿ{¯¿¼¼à‚(ÀŒ\·|· †žØëÿá#Žàÿ¿~Z¿ÊÞC.È‚‹0÷{CÖ†À "’6|ýúÒßð‡ËÿUX×Ò’—‡<È" "‚^–¶jCn,ŒBþ¯û6üû×þ¨¿×ZuÙ<l¿[ò X,ÿÿa¸Ëðªÿõ¿å»º ð—ì:àe:å°ôò»¯ì·ýÿõkC·¡½ÞËNðj‹0Êý&,p ÚòWÿ§K`÷ÿ믯néUÿ²C—‡ÀAà!pyùµ½T]ÃQŒÿë²ýÇ•Kö–^U.²C`C„Q¼ìò¯ÿý„ª!~m½…ð×j£þ «ü·%äåe{¿nýï/$,~ýÿ©:¦ë×ðk7VÕåÕºd òEÂ~}õŸÈ ×°ß¯®u‹J°ü)˜¸Öµ¯º\ò=tÙ%¾þ¿.øsŒëßÿAÿA#Y«—¶³úÛÕ[e—wöK[ÿ‡oÃÿÿ½Öß©5]Äa‘0MòeƒÇ¯Ëkwɯý»®?Û¾ßoÿ¯úO°2\Õ L‡©þC¾ïu­{¯méïìºÿ¥ÿ¯õ VÃq‚B]ëuíW÷‚íý°ä¯ þ ¤ûÿ­_ûWÿ 3˜ÿwYeW¯Þ×Öê~Ùo¹º—þÿOXÿ¡&,Ñô ®ZmYõÿ·Wmk‡_û—û×Ò»~¨¿özXï7 Ý¿üú®ƒtø_·eYZ¿ýzû• ˜îw¿ô„ü«÷õÿXmý~[õ¥û·ëý/‚%Þ~ vï^ñ×ëeûÚ:ünK]¶îªÿ]ÿ‹`'ú`ëÿ·¬ú׺ýWmèjë½wKÒËOÐå‚ý # üÿ_ž/½Öÿá·µ5,½~ÿÿ/ȉ „w’‹ß—þãï K­ÿ2 Ò-ÙjkÛÚ÷Zÿ¶††_l_—ßýýmÉ+ í¿qÛ,…¥[×–~]¿†ßƒÿ_õ¯[ÿ­ÿ}[PÚzXÃÛ ¯ú_û:Ø·ý âúÿïòÐÃëae0æ76†þZ·®„³~ÿõßõ¯ÿƒ,÷¯aYF•q®uù]kÁ}íÿ[ˆÿû÷kš OT…¶¶Ê¯ï ëÞªÕº,ø¾ Äî"}ý_„ ýkWD0Õ–[–ÕÞõaí[û÷—I¯ëõQÑïû­²†!·nߺ Cß–×¾µUvYþþÿQþo&Ì•Et˜Ã²Êzë㻿ÖuÈ}Ëúµëû¿^iNŠZ`ˆØ°!wß/_Rk««­úê÷ë/y­QÉ0 LP„¬­÷Ý0´¹ÑRëÕê×­S‚×ÿo½"„a¢Y0– }}ôÐÖVz…¥ï[î[úo©5" ¡!‡U–¿›`´MÐsÖ`mimmùß«ÕبH3 D Öníq”­†!Ùjë·dkëÚT³{}D$*ƒ`}¾µ rXRë·®½\CþË#"µA`¹åîÆÆÁt ZZ[mum]îV?L\©6­ë2nÐom©µ·u[?" 2ː –Ѳ,ÚjH­†µ¥—þŠ‘ C†–[eé vßRkCm½Ë="Â*XnYîG™`dž^­¯Ÿ¶ÓQX`Á„y´ Y¿QÆaÉ°¶ 'AGREEMENT BETWEEN SAKHALIN REGION AND STATE OF ALASKA THE SIGNATORIES OF THIS AGREEMENT AGREE TO WORK TOGE~R IN THE FOLLOWING AREAS' 1) TECHNICAL ASSISTANCE ON ENVIRONME~~ AND BUSINESS REG~TORY SYSTEMS TO STABII I~ AND NORMAl I7~- THE BUSINESS ENVIRONMENT. 2) TECHNICAL ASSISTANCE IN THE ESTABLISHMENT OF BANKING AND INS~~ SYSTEMS. 3) ENCOURAGEMF. NT OF THE USE OF ALASKAN COMPANIES AND WORKERS IN THE SAKHALIN OIL FIELD DEVELOPMENT WHEN THE EXPERTISE IS NOT AVAILABI .F. LOCALLY. 4) ESTABLISHMENT OF A ~G PROGRAM FOR SAKItALIN WORKERS IN THE USE OF MODERN OIL FIELD TECttNOLOGY. 5) CULTURAL AND EDUCATIONAL EXCHANGES TO INCLUDE STUDENT AND BUSINESS F. XCHANGES. 6) OTHER BUSINESS PROJECTS WHICH ARE MIJTUAIi.Y BENEFICIAL TO THE PEOPI ~ OF SAKHALIN AND THE PEOPI ~F~ OF ALAS~. 7) BO'I~ SID~ WiLL IDENTIFY LEAD CONTACTS AND FORM THE APPROPRIATE WORK COMMtTr~S TO FULFILL Ttt[S AGRF. EMEN~. 8) GOVERNORS OF THE SAKHALIN REGION AND THE STATE OF AI~SKA WILL CO-CHAIR THIS COMMH'r~. SIGNED IN ANCHORAGE, AI~SKA JULY 1, 1994 EVGENEY AL,EXEE~~ KRASNOYAROV GOVERNOR OF SAKHAI2N WALTER J.~CI~ GOVERNOR OF ALASKA COFflAWEHI/IE ME)KJ:I,Y CAXAJIHHCKOH OBJIACTbiO H IlITATOM AJI,CiCKA CTOPOHbi, FIOJ],Fll/1CABUJHE HACTOFILIJ, VI~ J3,OKYMEHT, COFI1ALIJAIOTC,Cl COBMECTHO PABOTATb B CJ'IEJ],YlOLIJ, HX OBFIACTFlX: 1) TEXHHHECKAF! FIOMOLLI, b B CO3,[I, AHHH CHCTEMbi PEFYFIHPOBAHI/IFI BH3HECA H FIPVIPOJ3,OOXPAHHblX MEPOFIPHFITHI;1 J3,FIF! CTABVIFIVI3ALLHH VI HOPMAJ'IH3ALLHH OBCTAHOBKH BE,B, EHHFi BH31-1ECA. 2) TEXHHLiECKA,Ct FIOMO~b B CO3,[I, AHHH 6AHKOBCKOI21 CH ..TEMbl H CHCTEMbi CTPAXOBAHHFI. 3) F10,I],,q_,EPFKKA H,EI, EH HCFIOFib3OBAHI/IFi KOMrlAHVil;1AFIFICKH H MX PABOHHX B ' !".:' MECTAX BE,[],EHHFi HEci::)TE,EI, OEblHH HA OCTPOBE CAXAFIHH B TEX CFlYHAFIX, KOF,EI,^ MECTHOFO OrlblTA BY,EI, ET HE,EI, OCTATOHHO. '"- 4) OPFAHI/13ALLHFI I-iPOFPAMMbi OB YHEHHFt PABOHHX OCTPOBA CAXAJ-IHH HOBblM TEXHOFIOFH:~M HEC)TEJ~OEbiHH. 5) COTPYJ_]HHHECTBO B OBFIACTH KYFlbTYPbi H OBPA3OBAHHFI C OPFAHH3ALI, HEI;;1 OBMEHOB CTYJ],EHTAMH 14 FIPEJ3,CTABHTEJ'iFIMH BH3HECA. 6) ,B, PYFHE BO3MO*HblE FIPOEKTbi, KOTOPblE EY,B, YT B3AHMHO BbiFO,EI, HblMH J]J'!F! HAPO,B,A OCTPOBA CAXAJ-IHH kl ~ATA ATIF1CKA. 7) OEE CTOPOHbl OFIPE,EI, EJ-IFIT OTBETCTBEHHblX J'll/ILl, FI C03J1A,EI, YT COOTBECTBYtOLLI, HE PABOHHE FIOJ],KOMHTETbl ,I],FIFi BblFIOFIHEHHFI HACTOFILLI, EFO COFJ"IALUEHHFI 8. FYBEPHATOPbl CAXAJ1HHCKOI;10BTIACTH H L.LITATA AJ'i~CKA EY,g, YT COFIPEJ3,CE,g,A~J~FIMH PABOLIEFO KOMHTETA. FIO,I],FIHCAHO 1 kl~,[~ B AHKOPH,[],,~E,.,AJ"I,Ci~KA/_~~~~~~~(_~/%;,r//.~~,,,,,.~-,,'4 ..,/'~~/,/ j/ EBFEHVI~ AJ-IEKCA~BHH KpACHO,ctPOB "" YOJ'iTEP ,1],:~4. XCB" FYBEPHATOP CAXAJ-IVIHCKOI,:I OBTIACTH FYBEPHATOP LJJTATA AJ-i,cICKA Following the site investigations we will prepare a schematic design and cost estimate setting forth the requirements for collection, treatment, and discharge of storm drainage as well as earthwork. Ail work will be condensed into a Design-Cost Study Report providing analysis of design alternatives, recommendations, and project costs. PR 0 JEC T S CHED UL E As mentioned above, we can begin immediately on this project and have provided the following schedule with completion dates for each major task of the project. Notice to Proceed Geo technical Investigation Site Survey Schematic Design Cost Estimate & Report August 5, 1994 August 8, 1994 August 10, 1994 August 26, 1994 September 2, 1994 PR OJEC T C 0 S T S CHED UL E Following is a cost breakdown for each major task setting forth our anticipated man- hour allocation and cost estimate. Our current Fee Schedule is also attached for your review. Geo technicai Investigations: Engineering Materials TeSting Backhoe 10 hrs @ $80.00 10 Gradations @ $ 75. O0 8 hrs @ ~ 70. O0 800.00 750.00 560.00 Site Surveys: Engineering 2 Man Survey Crew Party Chief 8 hrs @ ~80.00 24 hrs @ ~ 110.00 12 hrs @ ~60.00 64O. O0 2640.00 720.00 Schematic Design: Engineering Computer Technician 40 hrs @ ~80.00 40 hrs @ $53.00 3200.00 2120.00 Cost Estimate & Report: Engineering Computer Technician Clerical 40 hrs @ ~$0.00 20 hrs @ ~53. 00 16 hrs @ ~40. O0 3200.00 1060.00 640. O0 Total Not-to-Exceed 6330. O0 WINCE- C OR THEL L -BR YS ON C 0 NS UL TIN G ENGINEER S SCHEDULE OF RATES AND CHARGES FOR ENGINEERING SERVICES EFFEC TI VE JA NUA R Y 1, 1994 ENGINEERING * RATE PER HOUR* * ENGINEER VII ENGINEER VI ENGINEER I V ENGINEER III ENGINEER TECHNICIAN DRAFTSMAN TYPIST (Reports & Specifications Only) CAD SYSTEM (In AddiSon to Operator) $90.00 $80.00 $61.00 $50.00 $57.00 $38.00 $40.00 $15.00 SURVEYING S.T. O.T. REGISTERED LICENSED SURVEYOR PA R TY CHIEF 2 PERSON FIELD CREW 3 PERSON FIELD CREW 70.00 $ 90.00 60. O0 $ 75. O0 10. O0 $135. O0 50. O0 $185. O0 SUBCONSULTANTS: Subcontractcostplus 10% ADDITIONAL CHARGES lm Automobile travel for flips to points in excess of five mi/es from office, at the rate of $0.40 per mile both ways. . Actual cost of airline, charter, train, bus or cab fare or auto rental. 3. Actual cost of subsistence and lodging. . Actual cost of long-distance telephone calls, telegrams, freight and express charges, and postage other than ordinary first-class. Actual cost of materials required for the job and used in surveying, prinb'ng and reproduction costs. Actual cost of special tests and services for special consultants. To the total amount of Items 2 through 6 above, an amount of ten percent (10%) shall be added for administrative and overhead costs. Engineering classifications shown correspond to ASCE grades. Rates for projects which require 120 hours or more of Engineer-classified position Eme are subject to prior negoEation. Special rates shall apply only if negotiated prior to the start of the project. DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS OFFICE OF THE COMMISSIONER /ApLTERJ. HICKt ~-~ .0. BOX 112100 JUNEAU, ALASKA 9 /....- PHONE: (907) 465 FAX: (90 7) 465-. 333 W. 4TH A VENUE, SUITE 220 ANCHOt::iAGE, ALASKA 99501-2341 PHONE: (907) 269-4500 FAX: (907) 269-4520 The Honorable John Williams Mayor City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams: July 25, 1994 JUL 1994 RE: FY 95 STATE REVENUE SHARING PAYMENT I am pleased to inform you that your municipality will receive a State Revenue Sharing payment in the amount ot~ $241,912 for FY 95. The state treasury warrant will be mailed directly by the Department of Administration and you should receive the payment shortly. Enclosed is a detailed breakdown of how the municipality's payment was determined from the Miscellaneous Services Account. This information should be provided to the municipality's finance officer for monitoring compliance with the limitations placed on the use of these funds by state law. Generally, except a,s noted below, state revenue sharing funds may be spent at the municipality s discretion for any public facility or service for which the municipality has the power to expend public funds, as provided by AS 29.35 and local ordinance. Restrictions on the Use of Funds ROAD MAINTENANCE - By the end of this fiscal year, at least 20 percent of the funds received under the Road Maintenance Category must be spent for that service to demonstrate that a minimum level of the service was provided. The remaining 80 percent of funds may be used for other municipal services or facilities. If road maintenance (including ice road maintenance) is provided outside the municipality's boundaries, the municipality must adopt an ordinance providing for the exercise of road maintenance powers on an extraterritorial basis. Additionally, ii: the municipality' maintains roads outside its boundaries but within an organized borough, the borough must authorize the exercise of the extraterritorial road powers. 21-PILH Mayor Williams July 25, 1994 Page Two HEALTH FACILITIES - By the end of this fiscal year, at least 20 percent of the funds received for health facilities must be used for expenses of health services or for operation and maintenance of health facilities. The remaining 80 percent of funds must be dedicated for health services and/or facilities. HOSPITALS - All funds received for hospitals operated by the municipality may be used only for hospitals and shall be apportioned amount qualifying hospitals as the municipality determines. All funds received for hospitals not operated by the municipality shall be immediately transferred to the nonprofit hospital and shall be applied to the annual cost of operation and maintenance of the hospital or for the provision of health care service at the hospital as the directors of the hospital determine. SERVICE AREAS - An equalization entitlement generated by the tax levy of a taxing unit may be used only for authorized expenditures of that taxing unit, but up to 15 percent of the payment of an equalization entitlement generated by areawide revenue of a municipality may be used by the municipality for areawide or nonareawide purposes at the discretion of its governing body. An equalization entitlement determined with reference to revenue other than revenue obtained from the levy and collection of taxes may be used for areawide or nonareawide purposes, at the discretion of the governing body. If revenue sharing funds are spent improperly, the department will either reduce the municipality's future entitlement or demand the return of the money paid. Please feel free to contact Bill Rolfzen, State Revenue Administrator, at 465-4733 should you have any questions. Sharing Program Sincerely, Edgar Blatchford Commissioner Enclosure: Miscellaneous Services Account Report cc: DCRA Regional Office II II II · © · II oo · © · II oo · < © · o~ II !1 · < © · Introduced by: Date: Hearing: Action: Vote: 6/21/94 7/19/94 Enacted Unanimous KENAI PENINSULA BOROUGH ORDINANCE 94-30 AN ORDINANCE ACCEPTING AND APPROPRIATING A GRANT FROM THE STATE OF ALASKA FOR THE KENAI PENINSULA BOROUGH COASTAL MANAGEMENT PROGRAM WItEREAS, the Kenai Peninsula Borough Coastal Management Program provides local participation and guidance to State and federal agencies involved in developing projects, issuing permits, or managing land or resources within the coastal boundary of the Borough; and WHEREAS, the Coastal Management Program also provides an information base and policies to assist the Borough in managing Borough land and making local decisions affecting coastal resources; and WHEREAS, the Alaska Department of Community and Regional Affairs has approved the Borough's request for funding under the Alaska Coastal Management Program; and WHEREAS, the Kenai Peninsula Borough has been awarded $61,500 for use in administration, implementation, and special projects of the Coastal Management Program; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the Kenai Peninsula Borough Assembly hereby accepts a grant of $61,500 from the State of Alaska to fund the Kenai Peninsula Borough Coastal Management Program. SECTION 2. That the sum of $61,500 is hereby appropriated to the following accounts in these respective amounts: Account No. Amount 257.221040.40110 257.221040.40120 Regular Wages 40,23 9.00 FICA 3,078.00 Kenai Peninsula Borough, Alaska Ordinance 94-30 Page 1 of 2 257.221'040.40321 257.221040.40322 257.221040.40221 257.221040.40410 257.221040.42210 257.221040.43140 257.221040.43210 257.221040.43310 Health Insurance 6,021.00 Life Insurance 96.00 PERS 5,014.00 Leave 3,264.00 Office Supplies 3 00.00 Postage 360.00 Transportation 2,288.00 Advertising 840.00 TOTAL BUDGET $61,500.00 SECTION 3. That these funds shall be utilized to carry out the required tasks and special projects of the grant. SECTION 4. That the Mayor is authorized to sign any documents necessary to effectuate this ordinance and deemed to be in the best interest of the borough. ENACTED BY ~ ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS 19th DAY OF JULY, 1994. ATTEST: G~tye J(J~{ghan, B~,~ugh Clerk l~etl~y J. C~, ~ss~mbly President Kenai Peninsula Borough, Alaska Ordinance 94-30 Page 2 of 2 Post-It" brand fax transmittal memo 7671 ~l png~ · I ~ - NO. 9072628615 Heating: Vote: Mayor 05117194 06/21/94 Enacted as Amend~ Unanimous KENAI PENINSULA BOROUGH 0RDIN~CE 94-27 AN ORDNANCE AMENDING THE SALES TAX CODE WHEREAS, WHEREAS, as part of the regular review of the sales tax code, the Borough administration found several sections of the code that needed revision, and some new sections that needed to be added; and ' it is desirable to amend the code to make these necessary changes; NOW, THEREFOr, BE IT ORDAINED BY TIIE ASSEMBLY OF THE KENAI PENINSUI~ BOROUGH: SECTION 1. That KPB 5.18.130 is amended to read as follows: 5.18.130. General -- Seller-- Liability to the borough ---- Successor liability--- Corporate officer liability. A. All sales taxes collected or which should have been collected pursuant to this chapter are borough moneys for which the seller is at all times liab!____ e [ACCOUNTABLE] to the borough. Th_ e . B. Any person acquiring an ownership interest in an ongoing business or the accounts receivable of a business, whether by purchase, foreclosure, or otherwise, shall be liable for the p~yment of taxes, penalties, [AND] interest, fees and costs accruing and unpaid to the borough on account of the operation of the business by the former owner, owners or assigns. [PROVIDED, HOWEVEB. THAT] The borough _may continue to_ [SHALL FIRST] make [ALL ~ASONABLE] efforts to collect the tax from the person who owned tho business at the time thc liability was incurred. C. The liability of a purchaser or other entity for outstanding taxes, penalties, [AND] interest, f~es and costtt accrued and unpaid by the former owner shall be limited to an amount stated in writing by the borough in response to a release of information request. The borough shall have 15 days to respond to the request. · · · u_n.~.aid to he borou h Dissolution of. or s ie of or other ch . · not discharge this liability. Konai Peninsula Borough, Alaska Pagc 1 o£ 12 JUL-28-94 THU 10' 12 KPB CLERK FRX NO, 9072628615; P, 02 , SECTION 2. That KPB 5.18.140 is amended to read as follows: 5.18.140. General --- Administration enforcement authority--- Request for ruling -- Appeal of determination. A. The mayor shall have the authority to enforce proper registration, reporting and tax collection requirements imposed in this chapter, including the authority to implement and interpret this chapter, in a manner consistent with the provisions of this chapter. B. Any taxpayer under this chapter, or any seller obliged to collect the tax under this chapter, or any borough oftidal may apply to the mayor for a determination on the application of this chapter an actual fact situation. ~o. ~.__~glillZa~ er or seller ma,, anneal anyw u enore tn the Kenai venue distri s ' ' . .-.-,-~,,- ..... ~,,~,- date of the .de't¢~ icction or section 250 of this chapter is barred. SECTION 3. That KPB $.18.150 is added to read as follows: 5.18.1S0. General-- Refunds. A. No sales tax refund shall be made unless the claimant complies with the requirements to obtain a sales tax refund set out in this sexton. B. A claim for refund of sales taxes paid for exempt sales shall be denied unless the claimant complies wi~h 5.18.250. C. A claim for refund of sales taxes overcollected in error is barred unless 1. The claimant files a claim for refund with the borough within one year of the date of sale, on the form prescribed by the borough; and 2. If the claimant is a seller, and the tax refund is owed to any buyer, the seller submits, and the borough approves, a refund plan to tall affected buyers. D. A claim for refund overpaid in error because of a mistake on the face of a sales tax return is barred unless: I. The claimant files a claim for refund within one year of the due date of the return, on the form prescribed by the borough; and 2. The claimant files an mended return pursuant to the requirements of this chapter. E. When the borough initiates an audit or estimate pursuant to KPB 5.18.5'/0-580, the period for claiming a refund under subsections (C) and (D), abdve, is the same as the period under audit, but in no case more than three years from the date of sale. F. The borough shall not be liable for interest on any refund claimed or paid, or for any costs incurred by a buyer or seller in claiming or obtaining a refund. SECTION 4. That KPB 5.18.220 is amended to read as follows' 5.18.220. Exemptions/waivers --- Exemption for intermediate services and rentals. [THE FOLLOWING SALES OF SERVICES AND KENTAL$ AKE EXEMPT UNDER THIS CHAPTER,:] Konai peninsula Borough, Alaska Page 2 of 12 r n^ l'~u, ~U I,,"O,,'t~O 1 O , , P, 03 A. Sales of intermediate services to a business the charge for which will be passed directly by that business to · specific buyer are exempt under this c~hapter; ~xcept that provision of meals, temporary lodging and/or utilities shall in n~ case fall within l~his exemption_ [Tt~ EXCEPTION FROM SALES TAX PROVIDED FOR INTERMEDIATE SERVICES]. B. Where personal property is rented from a dealer in a taxable transaction and the renter is then directly reimbursed by a third party for the exact rcntid expense, without markup, then that reimbursement is not a rental or le~s¢ subject to the borough sales tax. C. Services rendered by an employee to his/her employer are not subject to borough sales SECTION 5. That KPB :5.18 is amended by adding section 225 to read as follows: 5.18.22,5. Exemption for owner builder construction materials-- Owner builder certified required --- Penalty for misuse. A. Sales of building construction materials are exempt under this chapter, but only if: 1. Tho materials become part of the permanent structure; and 2. The materials are bought by the owner of a residential or other building, for a specific building project; and 3. The btiilcling owner obtains an owner builder tax exemption certificate as provided in ~his section, and presents the certificate at the time of each sale. B. An owner builder may apply for · tax exemption certificate, on the form provided by the borough. Upon receipt of a completed application, and a fee of $200 per card, the borough will issue the certificate, which will be valid for one year fi'om the date of purchase. C. The following penalties shall be imposed by tho borough for misuse of the owner builder ~¢rtiflcate: 1. Immediate cancellation and d~mand for surrender of the certificate. ;2. Retroactive denial of the exemption, and collection of' sales taxes formerly exempted under the certificate. SECTION 6, That KPB 5.1 $.230 is repealed and reenacted to read as follows: ~.18.230. Exemption$/wiivers--' Exemptions-- Nonprofit or government exemption certificate. A. in order to receive an exemption from payment of sales tax under section 5.15.200(BX1), a buyer shall obtain a nonprofit exemption certificate as provided in this section, and present the certificate at the time of each sale. B. In order to receive an exemption from payment of sales tax under section $. ~8.200(B)(2), a buyer shall either: ~. Obtain a government exemption certificate as provided in this section, and present tho certificate at the time of each sale; or 2. Present to the seller a government purchase order' government check or credit card issued in the name of the government agency, for each sale. C. A buyer may apply for a nonprofit or government exemption certificate, on the form provided by the borough. Upon receipt of a completed application, and a fee of $10 per card, the borough will issue the certificate, which will be valid for the calendar year for which the application Kcnai Peninsula Boroush, Alaska Pa$~ 3 of is made. D. No exemption certificate for a class ofbuyer exempt under section 5.15.200(B)(1) shall be approved by the. mayor until the applicant has produced suitable evidence that it is currently incorporated by the State of Alaska as a nonprofi! corporation and that i~ has received tax-exempt status from the United States Internal Revenue Service. F,. The following penalties shall be imposed by the Borough for misuse of the nonprofit or government certificate: 1. Irmnecliat¢ cancellation and demand for surrender of the certificate. 2. Ketroactive denial of thc exemption, and collection of sales taxes formerly oxemptcd under thc certificate. SECTION ?. That KPB 5.1 $.240 is repealed and reenacted to read as follows: 5.18.240. Exemptions/waivers '-' Exemptions -- Resale or intermediate sale exemption certificate. · A. In order to receive an exemption from payment of sales tax under section S 1 I/.210 or $. 1 ~.220, a seller shall obtain a resale or intermediate sale exemption certificate as provided in this section, and present the certificate at the time of each sale. B. A seller may apply for a resale or intermediate sale exemption certificate, on the form provided by the borough. Upon receipt of ~ completed application, and a fee of $10 per card, the borough will issue the certificate, which will be valid for the calendar year for which thc application is made. C. A resale or intermediate sale exemption certificate shall be surrendered when the seller ceases doing business in the borough. D. The following penalties shall be imposed by the Borough for misuse of the resale or intermediate sale cxemption certificate: 1. hnmedia~e cancellation and demand for surrender of the certificate. 2. Re~roactive denial of the exemption, and collection of $a1¢$ taxes formerly exempted under the certificate. SECTION 8. That KPB 5.1 I/.250 is repealed and reenacted to read as follows: ' 'n protest-- 5.18.250. Exemptions -- Sciler's liability for incorrect determtnntso --- Buyer's Appeals. A. A seller shall determine in the first instance whether a sale is exempt under this chaptcr. However, if a seller incorrectly d~termines that a sale is exempt, and docs not collect thc tax from the buyer, then thc seller is liable to the borough for the uncollected tax. B. It tho seller determines that a sale is not exempt, but thc buyer believes the sale to be ~xempt, ~hcn the buyer may protest lh¢ tax by paying the tax at tho time of sale and filing a certificate of protest form with the borough, no later than 60 days after the dat~ of sale. The seller shall collect the protested tax at the time of the sale. C. If the seller determines that a sales is exempt, the seller can request a determination on whether a sale is exempt by filing a certificate of protest form with the borough, no later than 60 days after ~h¢ date of sale. The seller shall continue to collect the tax at thc time of sale, until thc seller receives a determination from thc borough. ' Ordinance 94-27 Kcnai Peninsula Borough, Alaska Pag~ 4 of 12 JUL-28-94 ?HU 10:14 KPB CLEI~K FR× NO. 9072628615 P. 05 D. The mayor will role on each protest by sending to thc buyer or seller a written determination on the protest. If the protest is allowed, a refund of the sales tax paid will be remitted to the buyer with the determination. E. Either the buyer or seller may appeal thc mayor's determination to superior court pursuant to KPB 5.18.140(C). SECTION 9. That I~B 5.18.260 is amended to read as follows: ~.18.260. Exemptions/waivers ' Waiver--- Application for extension of time-- Assembly authority. A. For good cause shown, thc mayor may grant extensions on any time limitation described in this chapter upon application filed on or before thc date specified as the original time limitation The 5% credit will not be allowed where extension is granted. B. The assembly shall have no authority to grant any extension of time or waiver of provision oft his chapter or any regulations adopted pursuant to this chapter other than by ordinance. S£CTION 10. That Ki)B 5.1 $.400 is amended to read as follows: 5.18.400. Computation--- Addition of tax to total retail price--- Tax schedule-- Exceptions. A. The tax to be ~dded to the sale price, charge or rental shall bo 2% of the sale price, charge or rental rounded off to thc nearest cent by eliminating any fraction of one-half cent or less and by in~;rcasing any fraction over one-half cent to the next highest cent. Each seller sh~ll be furnished the schedule of'tax pa, y~bl¢ on each taxable amount from one cent to one hundred dollars. Any one sale of items separately priced shall be taxed upon the aggregate amount, e_xc;ept otherwis rovi in thi sectxon. lB. THE PLACE OF DELIVERY OF THE GOODS OR SERVICES IS THE PLACE OF SALE. SELL~S OF SERVICE W~CH LACK A DF~INI1~ PLACE; OF DELIVERY MAY, UPON PRIOR BOROUGH APPROVAL, COLLECT THE TAX BASED UPON THE OFFICE; LOCATION OF TH~ BUSINESS SELLING SUCH SERVIC£S.] B_.[C] The revenue from a coin-operated machine shall be treated in gross on a monthly basis, without reference to the amount paid on a particular transaction- SECTION 11. That KPB 5.18.430 is amended to r~d as follows: 5.18.430. Computation---Maximum tax. The tax shall be applied only to the first $500.00 of each separate sale, rent or service transaction, exce t as other~_ise rovidcd in this section. A. The payment of rent, whether for real or persona[ property, in excess of $500.00 and for more than one month, shall bc treated as several separate transactions covering the rental/lease for one month each. B. A transaction involving payment for statices or personal property to bc rendered or delivered over a pcriod of more than one month for a consideration in excess of $500.00 shall be treated as several separate transactions occurring one each month over the period of time that thc Ordimqnco 94-27 Kenai Peninsula Borot~$1~, Alaska Page 5 of 12 KPB CLERK FaX NO, 9072628615 · P. 06 service or property is rendered or delivered. lC. nmvtmc .s£ ov S t)n eCO S UCT[ON X s A S[ eC[ V O[ ACCO BraCeD A BASIS S mCT TO ~PLICATION OF T~ T~ ON A n~~ OF $500.00 OF EACH MONT~Y SmL~O.] ~.~] Se~~s pro~d~ on ~unt ~d bill~ to the customer on a money b~is are subject t~application of the tax on a ~mum of $500.00 of each mon~ly billin~ per a~ount, ~,[E] Each ~ght's rent~ of otb individual room shall be considered a separate transaction and therefore the m~mum t~ computation shall be calculated on a per room per ~ght b~is. SE~ION 12. That ~B 5.18 is ~ended by adding section 440 to re~ as fo~ows: 5.18.440. Application of payments. A. Payments on sales tax accounts shall be applied to the' oldest balance due, by sales tax period, in the following order: first to a~crued fees and costs, then accrued interest, then accrued penalty, then to the tax principal; and then the next oldest balance due, in the above order, and so forth, until the payment is applied in full; except as otherwise provided in this section. B. Payments on sales tax accounts submitted with sties tax returns shall be applied to the most current return period, in the following order: first to accrued interest, then to a~crued penalty, and then to the tax principal. Any remaining monies shill be applied as in subsection A, above. C. Payments on sties tax accounts where sties tax liens have been recorded to secure payment on the account shall be applied to the oldest unsecured balance due, by sales tax period, in the order listed in subsection A, above. D. The borough may by written agreemem, or shall by court order, vary the application of payments. SECTION 13, That KPB 5.18 is amended by adding section 450 to read as follows' 5.18.450. Tax jurisdiction -- Office location of seller. A. The rate of tax to be added to the sale price is based on the place of sale. The place of sale of goods is where the goods are delivered. The place of sale of services is where the services are delivered, which means the place where the services are rendered. The place of sale for rentals is the place where the real property is located, or where the personal property is delivered to the renter. The borough shall determine the place of sale of a good, service or rental pursuit to this section, and the borough's determination is final. B. When there is a question or dispute over the place where services are rendered, a seller of a servi~ may, after requesting and receiving borough approval in writing, collect the tax based on the office location of the business selling such services. Approval of a request to collect a tax at the sdlets office location is completely within the discretion of the borough, and shall not be granted if the borough has already determined that the place of sale for the seller's industry is not the office location. C. The seller is liable for any sales taxes due because of the seller's incorrect determination of the sales tax rate to be applied. SECTION 14. That KPB 5,18.510 is amended to read as follows: Kermi Peninsula Borough, Alaska Ordinance 94-27 Pagz 6 of 12 JUL-28-94 THU 1 O: 16 KPB CLERK FR× NO, 9072628615 , ,,, P. 07 $.18.~10. Returns/records/audit-- Returns--- Contents. · A._~. Every seller required by this chapter to collect sales tax shall file with the borough upon forms rum|shed by it a return setting forth the following information with totals rounded to the nearest dollar: I.[A] Gross sale~; 2_.[BI The nontaxablo portions separately stating the amount of sales revenue attributable to each class of exemption; !.iCI Computation of taxes to be remitted; 4_.iD] Such other infonnation as may be required by the borough [KEGULATIOi~. SECTION 1S. That KPB 5.18.520 is amended to read as follows: 5.18.520. Returns/records/audit-- Returns and sales taxes --- Filing and payment required by due date. iA. TAXES COLLECTED OK WHICH SHOULD HA,VF, BEEN COLLECTED BY A SELLER, HEREUNDER SHALL BE PAID TO THE BOROUGH AT THE EXP~TION OF THE REPORTING PERIOD ESTABLISHED FOR THAT SELLER.] A.[B. THE] _A completed sales tax return, together with remittance in full for the amount of sales tax_es collected or whi.ch should have been collected [DUE], o~_r for monie~ collecl:ed as taxes b_Y the seller, must be transmitted to the borough on or before the first business day following the last day of the month following the end of each reporting period. B_[C]. A transmittal of taxes made by mail shall not be considered delinquent if the postmark on th~ envelope indicates the date of mailing to be on or before the first business day following the last day of the month following the end of the reporting period. SECTION 16. That KPB 5.18.555 is added to read as follows: 5.18.$5S. Returns/records/audit '-- Returns--- Finality af returns -- Amendment of returns --- Escaped assessments. A. A seller may file an amended return with the borough, and the borough may accept tM amended return, but only in the following circumstances: 1. The amended return is filed witltin one year of the original due date for the return; and 2. The seller provides justification in writing for requesting approval of the amended return; and 3. The seller was registered to collect sales tan during the period for which thc amended return is filed and filed an original return for that p~riod; and 4. The seller agrees to submit to an audit upon request of the borough. B. If thc borough rejects an amended r~turn, it shall give written notice to a seller, including tho reason for thc rejection. C. The borough may adjust a return for a seller it', aRcr investigation, the borough determines that the figures included in the original returns are incorrect, and that additional sales taxes K~ai P~ninsula Borough, Alaska Pa$~ 7 of 12 JUL-28-94 THU 10:16 KPB OLEI~K F~X NO, 9072628615 P. 08 are due; and the borough adjusts the return within three years of the original duc date for the return. SECTION 17. That KPB $. 18.560 is amended to read as follows: 5.18,560. Returns/records/audit--- Records--- Seller recordkecping required ----Loss of records, A. Every seller engaged in activity subject to this chapter shall keep and preserve suitable records of all sales made by the seller and such other books or accounts as may be necessary to determine the amount of tax which the seller is obliged to collect. Every seller shall preserve suitable records of sales for a period of 3 years from the date of the return reporting such sales, and shall preserve for a period of 3 years all invoices of goods and merchandise purchased for resale, and all such other books, invoices and r¢~ords as may be necessa~ to accurately determine the amount of taxes which the seller was obliged to collect under this chapter. B. A seller shall immediately notify the borough of any fire, theft or other casualty which prevents his or her compliance with this chapter. The casualty constitutes a defense to any penalty provided in this chapter if determined to be the proximate cause of the failure to comply for a given reporting period, but does not excuse the seller from liability for taxes due. Accidental loss of funds or records is not a defense against fl~e penalties of this chapter. SECTION 18. That KPB 5.1 ~.570 is repealed and reenacted to read as follows: ~,18.$'/0. Retur~s/records/audit-- Audit--- Authority ~ Seller's consent to inspection of federal income tax returns---Estimated tax ~ Results. A. The borough administration may examine and audit any relevant books, papers, records, returns or memoranda of any seller, may require the attendance of any seller or buyer, or any officer or employee of a seller or buyer at a meeting or heating, and may require production of all relevant business records, in order to determine whether the seller has complied with this chapter. B. A seller required to re~'ster for sales tax collection under this chapter consents to the inspection of the seller's federal income tax returns in order to determine the seller's compliance with this chapter. C. If the borough is unable to ascertain the amount of tax due from a seller because the seller has failed to keep accurate records, has failed or refused to allow an audit or inspection of records, has failed to file a return, has Falsified records or, has improperly calculated fl~e tax, then the borough may estimate the tax due bas~ upon any information available to it. The borough shall send a written notice of the estimated tax due to the seller, and of the assessment of an audit estimate fee. D. The results of any examination or audit peffonned under this section shall be reported in writing to the seller. SECTION 19. That KPB $. I$.$80 is repealed and reenacted to read as follows: ~.18.$80. Returns/records/audit ='= Audit--- Protest. A. If the seller wishes to dispute the amount of the estimate, or the results of an examination or audit, the seller must file a protest with thc borough, within 30 days of thc date of the notice of estimated tax or results of an audit or ~amination. Thc protest must set forth: 1. the seller's justification for reducing or increasing the estimated tax amount, Kenai Peninsula Boroush, Alaska Pag~ 8 of 12 .. JUL-28-94 THU 1 O: 17 KPB CLE]~K FR× NO, 9072628615 P, 09 including any missing sales tax returns for the periods estimated; or 2. the seller's reasons for challenging the examination or audit results. B. In processing the protest, the borough may hold an informal meeting or hearing with the seller, either on its own or upon request of'the seller, and may also require that the seller submit to an audit. C. The borough administration shall make a written determination on the seller's protest, and mail it copy of the determination to the seller. SECTION 20. That KPB 5.1 $.600 shall be amended to read as follows' 5.18.600. Enforcement-- Civil and criminal actions-- Payment agreements -- Joint bank accounts- Offset. A. Nothing in this chapter shall be construed as preventing the borough from filing and maintaining an action at law to rc~ovcr any taxes, penalties, interest, and tees due from a seller. Failure to register under this chapter or to collect taxes which otherwise should have been collected under this chapter shall not be a defense to an action by the borough against such seller to recover all amounts due. Each act prohibited in this chapter constitutes a separate cause of action or offense. B. The mayor may enter into an agreement secured by a confession or'judgment or a deed of' trust on property with sufficient equity to cover the liability tot delinquent sales taxes on such paylnent terms as the administration finds reasonable, provided that the terms shall require full payment of'all obligations of the seller within a maximum period of 24 months from entry of' such an agreement, unless a shorter term is required by other provisions or' this code, in which case those provisions shall be followed. TM mayor shall not enter into a repayment agreement with it seller who has been involved in a repayment agreeinent within the prior five (5) years, unless otherwise provided in this code. C. All businesses or owners of'businesses against which the borough has an outstanding judgment may be required by the mayor to deposit sales tax monies collected, on a weekly basis, to a joint bank account upon which the borough is signatory. Dual signature would be required for withdrawal from the account. D. SECTION 21. That KPB 5.1 $.620 is amended to read as follows: 5.18.620. Enforcement--- F~ilure to file returns or remit taxes ~ Criminal penalty --- Civil penalties and interest--- Injunction----Publication. A. Failure to file 2 or more returns in any I calendar year after notice from the borough to the seller's last registered address; when intentional, constitutes a misdemeanor and is punishable by imprisonment for up to 30 days, and by it fine not to exceed $500.00, plus costs of prosecution, in addition to any cml penalty assessed. B. A seller who fails to file a return within the time required by this chapter, or who fails to remit all taxes collected by him, or later found to be due, is subject to a civil penalty of' 5% per month of the amount of taxes found ~o be due, ,to a maximum of 25%. The filing of an incomplete return, or the failure to remit all taxes, is the equivalent of filing no return. All taxes due bu; not paid Kenai Peninsula Borough, Alaska Page 9 of 12 JUL-28-94 'rHU 1 O: 18 KPB CLERK FR× NO,907262861 E; P, 10 __ ~,~ , ..... within the time required by this chapter shall accrue and be assessed an interest charge at ~he [STATUTORY] rate o_f 15% per annum [AS PROVIDED BY ALASKA STATUTE]. C. Any seller who fails to file a return r~uired under this chapter within fifteen (15) days o£ written notification by regular mail, regardless of'whether any taxes were due for the reporting period for which the return was required, shall be subject to a penalty of $25.00 for each return not filed, in addition to any penalty for late filing. D. Sellers who have not filed returns for two (2) consecutive reporting periods shall be assumed to have ceased conducting business and shall be removed ~rom the roll of active businesses. Reinstatement of'a business removed from the active roll by this section shall require the payment of a mandatory reinstatement fee. E. If the mayor has reason to believe that a seller who has been removed from the roll of active businesses pursuant ~o this section is ~n fact continuing to conduct business, the mayor may cause a proceeding to be filed in the superior court requesting the issuance of an injunction prohibiting that business from continuing ~o conduct business. F. As soon as practicable after the expkafion of thirty days following the end of each calendar quarter, the borou~hh [MAYOR] shall publish in a newspaper of general or customary circulation in the appropriat~ area of the borough, a list ct' every sellcr who' 1. Was conducting business in the borough and was required to file a return during that quarter, but who has not filed the required return, unless ~ Seller has paid any balance due for that period in full, · 2. Did not pay all balances due, as long as the balance due is greater than $100, or 3. Owe taxes, penalty or interest pursuant to a payment agreement unless the payment agreement required payment ~n full within 30 days of'the date of execution ofthe agreement. . SECTION 22. Tha! KPB 5.1 $.900 is amended as follows' ~.!8,900. Definitions. When not clearly otherwise indicated by the context, the following words and phrases, as used in this chapter, have ~he following meanings: A. "Buyer" includes persons who are purchasers of personal property, rental space or services. B. "Coin-opera, ed machine" means a slot machine, marble machine, jukebox, merchandise vending machine, laundry, dry cleaning and any other service-dispensing machine or amusement device o£ any kind which requires ~he insertion o£ a coin to make it operative. C. "Mayor" or "borough mayor" means the mayor of'the Kena~ Peninsula Borough or his designee. · , D. ,No~profit organization" means an assoaauon, corporation or other organization where ~o part of the net earnings ct'the organization inures m the benefit of any member, shareholder or other individual. F. "Person" includes indMduals and every person recognized ~n law and every group of' persons who act as a unit. Kenai Peninsula Boroush, Alas~ Page 10 of ll JUL-28-94 TFIU 10:19 KPB CLERK , FaX NO, 9072628615 P, 11 G. "Quarter" means trimonthly period established by the finance director. H. "Sale" or "retail salc" includes: 1. Every sale or exchange of services', 2. Every rental or lease of' personal property; 3. Every sale of thc use or play oi' a coin-operated machine; 4. Installment, credit and conditional sales; 5. Every sale of use or title in tangible personal property, regardless of quantity or price, whether sold by cola-operated machine or otherwise; 6. Every rental or lease of real property other than a rental or other agreement for occupancy of residential real property pending the closing of · transaction which docs not exceed 90 days in length for a buyer of that property. 7. Gaming sales authorized by AS 5.15. I. "Sales price" means consideration paid by the buyer whether money, credit, rights or other property, expressed in terms of money equal to the fair market value of the consideration and including delivery or installation costs, taxes, or any other expenses whatsoever, measured by the gross sales price of the seller. "Seller" includes persons who are vendors of property, persons furnishing services, thc lessors of rental space or goods, and all persons making sales, including space or goods, and all persons making sales, including consignees and persons who conduct sales where items will be sold for a commission or fee. Notwithstanding any other provisions of this chapter, "seller" includes ali persons engaging in sales of fireworks regardless of thc length of time, duration or volume of such sales in any calendar year. K. "Services" includes all services of every manner and description which arc performed or furnished for compensation, including but not limited to' 1. Professional services; 2. Services in which a product or sale or property may be involved, including personal property made to order; 3. Utilities and utility services not constituting a sale of' personal property, including sewer, water, solid waste collection or disposal, electrical, and telephone services and repair; 4. The sale of transportation services; 5. Services rendered for compensation by any person who furnishes any such services in the course of his trade, business or occupation, including all services rendered for commission; 6. Any other services, including advertising, maintenance, recreation, amusement and craftsman services; L. "Time of sale" for installment sales is the time at which thc initial payment is made. M. "Temporary lodging" is defined as _a service to pr..ovide_any lodging of less than one month. SECTION 23, That KPB 5.28.140(C) is amended to read ss follows: 5.28,140. Contractors' violations of tax ordinances. C. The borough reserves any fight it may have to offscl~ amounts by its contractor(s) for delinquent borough ~ taxes against any amount owing to thc contractor(s) under ~ contract between the borough and the contractor(s). Kcnai Peninsula Borough, Alaska Page 11 of 12 JUL-28-94 TI-IU 10:19 K?B OLERK FAX NO, 9072628615 P. 12 SECTION 24. That this ordinance becomes effective luly 1, 1994, with the exception of Section 5. which shall become effective January l, 1995. ENACI'ED BY THE ASSEMBLY OF THE KENA[ PENINSUI,A BOROUGH ON THIS DAY OF JUNE, 1994. Kenai Penimula Borough, Alaska Page 12 of 12 CITY OF KENAI "ea e ava 4 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM TO' Mayor and Councilmembers FROM: ~ Sheryl A. Paulsen, Acting City Clerk City of Kenai DATE- July 29, 1994 RE- M~scellaneous Information The Legislative Reporting Service has furnished, us with a report containing a listing of bills passed in both houses of the Alaska Legislature during the second session of the 18th Alaska Legislature. The list notes bills signed or vetoed by the Governor. This report is available in the Clerk's office for your review. Also available for your review is a copy of the Kenai Peninsula Borough Assembly Minutes of June 21, 1994. /sp .IUL-25-1994 1~: ~3 · GLAC I ER FROM (C0NTRACTOR): GLACIER ENVI~O~~ SERVICES,. INC. 12521 EVERGI~ DRIP, MUEILTEO, WA 9 B 2 75 AR~TTECT/ENGINEER: CITY OF KEN~ 612519,4 TO __~_ 7125194 APPROVED' ~Y "COUNCIL DATE CITY dLERK ~DJ~BTED CONTRACT AN.O~ TO DATE i original con=rao~ amount 2 Net change by change orders 3 New contract amount to date 425~01~.00 ~ 0 WOrK COMPLETED 4 Total completed and scored. 5 Less retainage'of ....... percent 6 Total earned less re=ainage 7 Less amount of previous payments 8 Balance due =his. payment 39,000.00 J/ _. 39,000. O0 ....... ~ ... ____ 24~000.00 _ 000.00 I ] FOR CITY GLAC I ER 206 2~0 ~186 P. 00~/005 PROJECT: CONTRACT PAYMENT NO. _ALASKA COURWHOUS COWr .A,_am_D SO_-- Page =.2_ of ~ C , T F C T ON. co mAcTQE A~ine to the beet of my Imo~tedge and belief, I ~tify that alt it~. ~ ~ts s~ ~ the ,a~ of ~his ~o~ si'th the r~ir~tw of the refe~~ ~tra~ ~t ~ to ~ i~L~i~ the Last ~ of the ~ri~ o~er~ ~ this C~tract P~t, that ~ ~ of the aLL the Lair ~isi~ of aatd cmt~t. . G~CIER ~TIRO~~ SERY~C~, INC. ~ o: (Si~amre d Rep.) CER..~~ATION ByARCI-irr~CT_OR RNGINK~.R_ JULY ,1994. I certify that I have checked and verified the ~ end foregoing Contract Payment: that to the best o~ my knowledge and belief it is a true and correct statment of kerk 10erfo~ ami/or material s~aaLied by the c~ntractor; that aLL ~ort( and/or mteriai tm~tt~led in this Payment has'b~ inslOeoted by nm and/or by my duty authorized rel~esentative etd that tt has been perfomed end/or Stq~tted in fuLL aeeordanoe with rec~uireeeets of the referenced contract cl~-m~ts; and that payment claimed and requested by the ~tractor is correatLy cmputed on the basis of m)rk pertoemed atKt/or material suppit~ to date. ~T CERTIFIEI) AS DUE: $ /~-, 000. $ig~ed , , _ Date ~7 qc/ .i (Arc-hi, ct or En~in,er) Subr, cribed and sworn to efore me . . My Commission Expires: O'I'HER:..___.~PROV~: OWNER APPROyAL Based on the above certification of the contractor and Architect or Engineer, the City of Kenai, with the Kenai City Council cxra~~ce, authorize payment. Si~ed Date .Il ---- ' --- ' ......... __ILl __ i JUL-25-1994 16: 3=..., GLAC I ER CONTRACT PAYMENT NO. PROJECT: ALA_._SKA COURTHOUSE co_NTA~I~mTED., SoIL~_ CONSTRUCTION' COMPLETED/S~~ Y~TERIAL$ / CHANGE ORDERS 206 290 9186 P. 004/005 .. o. TOTAL COMPLETED ARD' STOOLED (Page 1,' Item 4): $ JUL-25-i994 i6: 35 GLAC I ER PAYMENT NO. Lump. sum I wi: i ea~ (HI, CA Lm~ Sum 1 Lm~ 3,000 CY SO,O00 50,00~.00 100% 12S, 000 125, DO0. 1~, 000 15,000. OG 15,000 1~,000.00 20,000 20.000. O0 ~,ooo ls,ooo.oo 100% *.,.5,000 1.~, 000. O0 10, GO0 ~ I0,000. O0 10,000 I0,000. O0 lo,O00 io,o00.o0 40 120,000. 20,000 20,000' O0 t ~o, ooo 30, ooo'. oo 15,000. 9,000. $425,018. O0 39,000. O0 MEMORANDUM _ TO: FROM: DATE: SUBJECT: Keith Komelis, Public Works Director Robert C~ Springer, Building Official July 28, 1994 City Hall Vent Windows _ The administration building was originally designed to have air conditioning installed in it. Since air conditioning was never installed the windows on the front of the building should be made to open to facilitate the introduction of cool air. On days when the outside air temp is between 55° and 65° with sunshine, the interior air temperatures across the front of the building range from 80° to 85° and has on occasion reached 90°. I believe these are unacceptable working conditions. The ventilation system in the building is running at peak capacity and was not designed for cooling capacity. The price quoted is a good price due to the work involved in replacing these windows. Additionally, with opening windows, this will introduce more fresh 'air into the building which will improve the overall air quality of the building. KK/kw , , IGOLDEN ROD- ACCOUNTING ICANARY- ACCOUNTING IBLUE- SHIPPING & RECEIVING! IGREEN - APPROVED COPY J~INK - REQUISITIONER CITY OF KENAI 210 FIDALGO STE. 200 PHONE 283-7538 KENAI, ALASKA 99611 14235 VENDOR NO. , TO Randy ' s Glass HC 1, Box 99 Kenai, AK Ordered by' Bob Springer "1 THIS PURCHASE ORDER' NUMBER MUST APPEAR ON ALL PACKAGES AND PAPERS RELATING TO THIS PUR- CHASE. NO. 7/28/94 DELIVERY DATE SHIP VIA: ITEM NO. PREPAY SHIPPING. CHARGE jF.o.s. SEPARATE ON INVOICE DESCRIPTION OR ARTICLE City Hall vent windows in offices PER QUOTATIOnal Includes removing old fixed glazing installation of new 3-lite sliders, insulation and trim inside and out For Council Approval- August 3, 1994 See attached memo of explanation ACCOUNT NgMBER 001.34.4538 AMOUNT 4566. 7 BY ,., FINANCE DIRECTOR PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT UNIT UNIT PRICE AMOUNT and 4566.67 TOTAL DEPARTMENT ~ u m ± ~ i n g s BY DE A MEN! HEAD 4566.67 , ~tted To: city o£ Kenai Ran~y's Clams Inc. HC 1 ~x 99 Kemai, Alamka 99611 (907) 283-9483 Pax 283-227., 7/22/94 City Hal 1 vent windows Zn of~ice~. ~e her~hF ~t the follawia~ sPeci£ic~tiaas am~ ~~tes: Series 2000 dark brawn vlnyl 3-lite sliders, Std. insulated t~-peme. (~T. IZX3LTIC~ R.O. 6 off/cms 134.25 x 39.75 3-lite elic~rs 336.42 $2,018.52 ~y's Olass w/Il remove old fixed glazing and install ne~ ~-litm sliders We will insulate and trim inslde and out. ' ~e f.,~-~ to ~~h m~e~ial, ~e~ tim mm o£: $2,018.52 $201.8 $ S1,816~-~7 $150.00 $2,600. O0 $4,566.67 ~l ete in a~ with · ~ Th~ five hundr~ty-s~x dollars and 67/100 JJu~rize~ si gna tut days. CITY OF KEN 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ ~o~ Department Heads Thomas J. Manninen, City Manager, S/ July 21, 1994 All Action Memos to City Council - Go Through the City Manager First for Review l City Manager Issues, Initials and Signs and Sends Memos in City Council Packet- Due to recent misunderstandings and misinterpretations of memoranda requesting City Council action, I am direc=ing that the following action be taken: lo No depar=ment heads shall send action memos directly to the City Council. The memos will go through the City Manager's office for prior City Manager review]approval and initialling and forwarding to the City Council. Please use the following format on all future action memos to Council: To: Kenai City Council Through: Thomas J. Manninen, City Manager From: Date: Subject-. 2. There will be no City Manager approval for spending unbudgeted funds and/or contingency funds in the fiscal year 1995. 3. The City Manager will grant no exceptions to these rules. It is the department head's responsibility to carry out the department's budgeted fiscal year 1995 mission within the budget' s financial constraints. The City Council has the ultimate authority to grant any emergency exceptions through telephone polls or other emergency means or action at the City Council meetings on their own choice. However, since as the City Manager I have the ultimate staff accountability, I am requesting all department heads to read and comply with these rules for action items to the City Council and to respect their fiscal year 1995 budget constraints. Thank you. If you have any questions, please see me. C: \WP51%, T JM \AC'r I ONAP .HEM om :er- .O~N Midrex plans fall announcement B~ Margaret Bauman Aiaska Journal of Commerce Potential developers of a $20~ million iron ore reduction plant that would be an anchor ~enan~ at a pry- posed Upper Cook Inle~ port plan ~ ~ounce in September whether they will move forward with a detailed feasibility study. %Ve will announce in Alaska a deci- sion on whether we wili move forward with the detailed feasibiliW study on the Alaska Pacific iron Project, to produce a bankable document to pro- cure project financing," said Frank Griscom, vice president of marketing for Midrex Corp. of Charlotte, N.C., a subsidiary of Japan's Kobe Steel. "We are very optimistic at this point." Griscom said in a telephone interview. Still under consideramon are sites at Point MacKenzie, Seward and the Nikiski area. The Alaska Industrial Development and Export Authority provided Midrex in june with community pro- files on the three areas under consid- eraQon, plus a permitting report pre- pared by Dames and Moore, said Riley Snell. execuQve director of AIDEA. A series of meetings on the pro- posed iron project were held in An- chorage in mid-July in hopes of reach- ing a consensus to allow construction. Midrex announced earlier this year that a project sponsor had been iden- tified and that the bankable feasibil- ity work would be completed by the fourth quarter. The project would in- volve 800 to 1,000 jobs during the 24 month construction phase, plus 110- 130 jobs at the plan~ and port begin- ning in 1998. Borough officials said the privately funded facility also would contribute substantial prop- erty tax revenues and lease payments to the borough. "If Midrex goes for- ward and the Knik Channel is built shipping in Alaska will change dra- matically," said Steve Minor, port di- rector for proposed Port MacKenzie. Midrex has proposed to use the new generation of Panamax and medium- sized cape class vessels for handling product from the plant. "Opening Upper Cook Inlet to a ne class of vessels will change the way the in- dustry develops and the way the economy grows throughout the Inte- rior and Southwest Alaska," he said. _ I IIIII I I I . Ju~/~9, ~994 TO: FROM: Clliystal $. Smith~ RE:. CITY ADMIN. OF KENAI ~//~' ~'-~~Z~ Doug Griffbl, Chair of the Taxiion and Finance ~ubcommiltee, itl pl~ tO hold, ~ teleconference on August 8, 1994 at 1:30 p.m. We will be discussing and making revisions to the enclosed 1994 AML Policy Statement in preparation for the Sel~ember Leg~ Committee meeting in Homer. We will also be discussing the enclosed revisions proposed for the Municipal Assist~ and Revenue Sharing program. Please take a few minutes to read through the material and be prepared to share your opinions with the subcommittee. -217 Second Street, Suite 200 · Juneau, Alaska 99801 · Tel (907)586-1325, Fax (907)463-5480 ~-2 ~_.,..,,~~ ,,,v ~/~,-..,~~ ~ ' TAXATION AND FINANCE SUBCOMMrlTEE ~'~. Usted below are the ptxxte numbers of the committee. Please let us know if this number is incorrect prior to the teleconference on Monday. Thanks fo~ your help. Fred ~, Co-Cltak Alan Austerman Craig Duncan Nathan Kolch, Jr. Keith Perkins Tom aanninen City of Valdez Northwest Arctic Borough Kodiak Island Borough City and Borough of Juneau City of Kotz~ c~y and eoroug, o~ S~ka Northwe~ Arctic Borough City of Kenai PHONE FAX aas-4,3~a 83s-~[*~] 442-,3467 442-2162 [*67] · ~ 4a~-ss13[*70] 586-~1S 586-5299 [*69] 442-3311 442-2764['71] 747-,3207 747-4915['75] 442-2s(x) 442-~ [*68] 283-75,39 283-3014 [63] Member of the National Leooue of C'~ and the No[ionol ~o¢iotion of Counties 217 Second Street, Suite 200 · Juneau, Alaska 99801 · Tel (907)586-1325, Fax (907)463-5480 IMMEDIATE ATTENTION REQUIRED - July 28, 1994 TO: FROM: RE: Mayors, AML Member Municipalities John Torgerson, AML President Proposal for New Municipal Aid Program Your Advice Needed -- Please Help Background Last year AML members asked me to appoint a working group to design, evaluate, and recommend to the members a new, unified program of state assistance to municipalities. A new program would replace the current State Revenue Sharing and Municipal Assistance programs, which have been under attack for the last decade. Local leaders decided it was time to consider whether another type of program would be more easily defended against cuts and, thus, have more stable and predictable funding. I appointed the Municipal Aid Working Group (MAWG), which is chaired bY Valdez City Manager Doug Griffin and includes members from all parts of the state. MAWG has met several times and developed a draft proposal for a new program, which we are asking you to review, think about, evaluate, and discuss with your municipal colleagues. Then, please answer the survey questions and return the enclosed form to AML by August 19. You can fax it to 907-463-5480 or mail to AML, 217 2nd Street, Suite 200, Juneau, AK 99801. We need to know what you think about this draft proposal - we can succeed in our effor~ only if we have support and cooperation from all of you. If we do not hear from you, we will assume that you like what the Working Group has suggested. Why Look at a New Program? The goal of the Municipal Aid Working Group was to develop a program that would provide for stable and predictable sharing of revenues from the state's commonly held resources and replace the current State Revenue Sharing and Municipal Assistance programs. Funding for these two programs has been cut back each Member of the National League of Cities and the National Association of Counties Municipal Aid Program Proposal July 28, 1994 page 2 year for the last decade. There are real and perceived conflicts between the goals of the two programs that undermine political support for maintaining their funding, or increasing it to keep pace with inflation and population growth. AML and its members feel strongly that it is the obligation of the state government to share revenues from commonly held resources with local governments, which provide basic services to the citizens of the state, and that stability and predictability of the funding shared by the state are of prime importance. Providing basic services at the local level is most efficient and responsive to citizens' needs, and the state's investment in local communities must be protected. * .-- Program Options The MAWG looked at three types of programs: One that would population, distribute state funds primarily on the ..grounds of One that would distribute state funds primarily in proportion to effort, and .... ~.~ local tax categorical program that would base distribution of state funds primarily on local government provision of basic se~c~s. After extensive discussions and review of numerous computer runs based on these approaches, the group de~ided that the third option, .a cat~orical .approach, offered the best chance of achieving strong support and a stable funding level. Distributing ~nds primariht on the basis of population would not link ~nding to the provision of basic services nor recognize~ the economies of scale experienced by larger un~ of government. Distributing ~tate-shared revenues primarily in proportion to local tax effort would ignore the basic service, needs of the areas with no effusive tax base as well ~ the obligation of local government to provide basic services. The Working Group developed a modified categorical approach, which takes into account ~ local expenditures on basic services, ~ local ability to pay, and a population. It is discussed below. It should be noted that there is not complete agreement among the Working Group on the specific details of the proposal outlined below. Questions and differences of opinion about formula elements and application remain, and obviously more work and refinement of the proposed program will be required. However, at this point the Working Group wants and needs to know what municipal leaders think about the concept and the proposed distribution mechanism. Municipal Aid Program Proposal July ~8, ~994 page 3 Working Group Proposal A new program, state~$'a~Port'for Basic LoCal Services:,(SSBLS), is proposed for discu~ion and development. Ple~e rebel"the information below care~lly, answer the survey questions, and return your response to AML (fax to 907-463-5480 or mail) by August 19. After the working group ha~ re~ived comments ~'om AML members, it will refine the proposal and present it to the AML Board and Legislative · Committee for ~rther discu~ion. . ~ E~phasize the ,p[mds~n~)f. baslc~=vemme ..~_ aLs~cei . ~~trJb~e-~ndsbased on. Iocale~enditure$ on. basic governmental' .~:ln~~~!m~~p~n~/t!. ement:mf~~,_ooo/~unicipality .~:~.. (with an-' adJUstme~:-for a'rekc~?of.:il~ing~d!~rence~i~i,: ..... As a first step in developing the proposal, members of MAWG identified :~baMc.f govemmenta[?~ervlce$.~as those they felt the state should be obligated to help support. As identified by MAWG, these basic services, are: ,. FEe/E'mergenc~ Medical Servi&~ Health'FaCilities~ Parksand Recreation ..... Police~::'. ' · ROadsand:lce-Roads S451id,m-~:Hazardous Waste Manag,~ment-~/ mt~~on 'Facilities '~d se~ce%.,~: '~?'''' ' The proposal calls for the total amount of funds, approprfated for the SSBLS program to be distributed among these categories on the basis of percentages equal to weighting fa~om e~tablished in ~tat~e. lhis would create nine separate "pots of money" to be distributed to municipalities. Funds allOcated for Health Facilities would be distributed as they are now- based on the number of health .facilities and number of beds in each community. For all other categories, the funds would be allocated to municipalities according to a [ormula b~ed on 1) ex~nditures of local ~unds on each sentic~, 2) Io~1 rise, al capacity (a factor similar to that now included in the State Revenue Sharing Municipal Aid Program Proposal July 28, 1994 page 4 program), and 3) population (a factor now included in the Municipal Assistance program), lhe ~ormula used to determine each municipal~'s share would be expenditure of local funds on the service .001 Full & True Value [a mill rate equivalermy] An adjustment '~would also be ~made to take into account local government expenditures on'~ education. Attached to this memo is additional information about how the proposed program would work. Attachments include: Distribution of SSBLS FUnding bY MUnicipality' This run shows how a total appropriation equal to the FY94 appropriation for Municipal Assistance and State Revenue Sharing (approximately $72 million) would be distributed among municipalities based on the MAWG proposal. It should be noted that this amount is approximately 15 Percent more than the FY 95 funding level for these programs.~ B'~Borough Area Net Change This table totals the information for each borough that has cities within its boundaries. It show~ the d~erenc~ in total ~unding for the ar~a for FY 04 and under the proposed categorical approach- C' Survey Form This form asks you a series of questions about the Working Group's proposal and ~ks for ~edback. The Working Group wants to know wh~ you think about the proposal and suggestions you might have for improving it. No proposal [or changing the way municipal aid is distributed can go far without widespread municipal support- this survey gives you an opportunity to be heard earl~ in the pro.ss. Please let us know what you think - Now is the best time to have your voice heardl Effects on Municipalib'es Both the AML membership, in voting last fall to create a group to consider this i~ue, and the membem of the Municipal Nd Working Group have supported the idea that, without, changes in the programs of distributing municipal aid, state support for local government may well disappear compl,tely. Cut~ of over 80 percent in the Municipal Assistance and Revenue Sharing progran~ over the last nine years seem to indicate that some new approach is ne{~.~.~~, and the proposal outlined above is one possible new approach. Municipal Aid Program Proposal Ju~/28, 1994 page 5 Obviously, any change in the formulas governing the distribution of state assistance to local government~ will create some "winnem" and some "lo, em" relative to the current formula. One goal of the Working Group was to both minimize the number of Iosem and minimize the extent of the wins and losses. Another w~ to design a program that reflected the group's interest in rewarding local effort to provide basic ser~~ and tied shared revenues to the pro. sion of those sewic~s. The latter, it was felt, would be critical in helping legislators and the public understand how vital it is for the ~-ate to share revenues with N~ka's municipaliti~. It is important to understand that dudng the course of its deliberations the Working Group made several decisions that affe~ the distribution of ~unds under this draft proposal. Dozens of computer runs were made and evaluated during the process, and there w~ a lot of give and take among Working Group membem as they saw the effects of various approaches. Once the decision had been made to pursue a categorical approach, the choice of categories and the weighting fa~om assigned to each were keys to the overall distribution. Additional decisions that affected the distribution were to 1) treat roads on the ,~ame' basis as other senti~s rather than on a per mile basis as they am in the current revenue sharing program, 2) handle health facilities on the same basis as they now are, and 3) make an adiustme~ for local expend~res on education. The group wants to hear from you about these approaches and assumptions. To ease the burden a change to a new distribution formula would cause for municipalities that would rec~hte le~ aid under the new program, the Working Group is proposing that legislation establishing the SSBLS include a three-year phase-in to hold municipalities harmless for the first year and then gradually phase in to the new funding level. Stable and Predictable Funding Source Devising a new formula to distribute state-collected revenues to local governments will not, in itself, solve the problem of achieving a stable funding level for municipal aid programs. A new program may be simpler, more understandable, and more defensible if it is tied to expenditures on basic services, but it also needs stable funding. Finding that funding source will be even more difficult that developing a new distribution formula, and convincing the public about its importance will be a monumental task. The Working Group has looked at a number of alternative sources for funding and would like your responses to suggested approaches to a~hieving ~table and predictable funding for state aid to municipalities. Alternatives discussed by the group include the following - what ideas do you have? Municipal Aid Program Proposal July 28, 1994 page 6 ~,~,.~Relying on legislative appropriation from the General Fund -i.e., the status quo ~ ~..Statewide income tax with a portion dedicated to municipalities a ~,:Using a portion of ~Permanent Fund earnings in some way - perhaps by ~ping the dMdend, using unm~a'i~ted earnings, setting ~ide the fir~ $1fi0 of each dividend check, or some other approach a~Creating 'a dedicated municipal aid fund-.with revenues from some other' source ~ · What's Going to Happen Now?' How Can You Help? Please take time to consider this critical issue and respond to the survey form attached. Return your survey to AML (fax 907,463-5480) no later, than AuguSt. 19.' This is your chance to make a difference - the Working Group is not tied to the proposal outlined in these materials and needs your help at this point, not your criticism later.' The tentative policy development process is as follows: After responses to the draft proposal are received, the MAWG will 'review them, reevaluate and adiu~t the proposal in light of your eomment~, and develop a committee recommendation- ~MAWG will report to the AML Leadership Summit, scheduled for September 7-10 in Homer. ^t that me,ting members of the ^ML L~gislative Committee and Board of Directors and the Alaska Conference of Mayors will consider adopting a proposal to be dis~Jssed, perh~s modified, and approved by the AML membership at the Annual Conference (Juneau, November 16-18). .-~ If the Board adopts the Working Group's recommendations re SSBLS, or'~a modification'of the proposal, it will be featured at the conference and a resolution and Polic3t Statement in support of the proposed program will' be voted on by members. If the proposal is adopted by the members, passage of legislation to institute the new program will be a main ~ocus-of AML's legislative program for a couple of years. If a constitutional amendment is required to ensure funding ~or the program, a long-term campaign will I~ required. Each local official will then have an important role to play in educating legislators, the admini~tr~on, and, esl~cially, the public about the new program and working Municipal Aid Program Proposal July 28, 1994 page 7 for its passage. All municipalities will need to work together through the structure of the I_~ague to rea~ our goal of guaranteeing a stable and predic~uable sharing of state revenues from commonly held resources to support provision of basic governmental se~ices at the local level. We'll also need your help then - we need it now so that we can develop an equitable, broadly supported proposal. Thanks $o much for your attention to this Important proposal. We are counting on you and your colleagues to let us know what you think about the Worldng Group'~ proposal. If we do not hear from you, we will have to assume that you like what the group has done and suggested. If you have any questions, please call M~.. ~iciPa.~ l.AId ~Working Group ?/ Chair Doug Griffin, Chair, AML ~egislaSve Committee Subcommittee on Taxation & Finance; Manager, City of Valdez [.~ ~ ~ ~, ~z~ 7~ z~ ~,. ~ ~ ~ /~ ~ _ Vice Chair Mayor Donald Long, AML I~rst Vice 15~esiden~ City of Barrow ~.wTZ, z~'~ j, ~ ~ % ~ Craig Duncan, AML Legislative Committee Subcommittee on TaxaSon ~tz~, ~l~ z. ~ ~ ~ & Finance; Finance Director, City and Borough of Juneau c Mayor Tom Greene, AML Board of Directors, City of Nondalton~._~-? ;+~ ~.1~o ~ Mayor Jerome Selby, AML Past Presidem, Kodiak Island Borough ~-~ ~,,~ ~ l=j.zF~~ ~ Gene Dusek, Budget Director, Office of Management and Budge~Anchorage ~ · Ex. officio John Torgerson, ,~f£ Pres/dent, Kena/ Peninsu/a Borough :~ - ' ..... Tom Boedeker, Chair, AML ~eg/s/af/ve Comm~tee, Kena/ Pen/nsu/a Bob Wa/sh, Michae/ Cushing, Bi//Ro~en, Ike Wa/ts, Municipal and Regiona/ Assistance D/v/s/on, L)epartnmnt of Commun#y and Reg/ona/ ~'rs Chrysm/ Sti///ngs Sm/th, Ac#rig Exec~ D/rector and D/rector o! Member Serv/ces, an~ Julie Kraf~ Szaff Associate, AML Enclosures Attachment A Com_oarison of Current Municipal Aid Allocations (SRS/MA) with Pror~osed Categorical Apprcach FY94 Categorical Difference SRS/MA Formula in Percentage Municipality , Allocation Allocation Dollars Change Akhiok $29,902 $37,674 $7,772 26.0% Akiak $46,702 $46,987 $285 0.6% Akutan $82,184 $117,224 $35,040 42.6% Alakanuk $67,521 $75,301 $7,780 11.5% Aleknagik $40,945 $45,286 $4,341 10.6% Aleutians East Borough $131,488 $53,136 ($78,352) -59.6% Allakaket $42,280 $49,920 $7,640 18.1% Ambler $69,300 $49,407 ($19,893) -28.7% Anaktuvuk Pass $45,283 $48,748 $3,465 7.7% Anchorage $27,313,819 $29' 152,273 $1,838,454 6.7% Anderson $66,257 $50,199 ($16,058) -24.2% An~oon $64,389 $61,427 ($2,962) -4.60/0 Aniak $91,214 $54,526 ( $36,688 ) -40.2% Anvik $38,950 $48,748 $9,798 25.2% Atka $36,056 $45,286 $9,230 25.6% Atqasuk $60,967 $56,584 ($4,383) -7.2% Barrow $358,414 $286,167 ($72,247) -20.2% Bethel $684,943 $848,010 $163,067 23.8% Bettles $36,664 $48,748 $12,084 33.0% Brevig Mission $45,037 $49,717 $4,680 10.4% Bristol Bay Bomul;h $168,823 $194,559 $25,736 15.2% Buckland $73,487 $69,676 ($3,811) -5.2% Chef omak $48,221 $46,987 ( $1,234 ) -2.6% C hevak $63,272 $46,987 . ($16,285) -25.7% Chignik $40,053 $45,286 $5,233 13.1% Chuathbaluk $40,461 $48,748 $8,287 20.5% Coffman Cove $92,277 $35,000 ($57,277) -62.1°/o Cold Bay $41,743 $45,286 $3,543 8.5% Cordova $437,847 $581,100 $143,253 32.7% Craig $183,882 $295,522 $111,640 60.7% , Deedng $75,717 $62,777 ($12,940) - 17.1% Delta Junction $104,852 $40,554 ($64,298) -61.3% Denali Boroul;h $107,957 $48,748 .. ($59,209) -54.8% Dillingham $257,460 $345,425 $87,965 34.2% Diomede $41,831 $48,748 $6,917 16.5% Eagle $36,557 $40,554 $3,997 10 :.9% Eek $46,742 $46,987 $245 0.5% Ekwok $34,498 $45,286 $10,788 31.3% ' Elim $48,088 $48,748 $660 1.4% Emmonak $106,980 $105,359 ($1,621 ) - 1.5 % Fairbanks $3,544,377 $3,567,063 $22,686 0.6% Fairbanks NS Borough $5,014,178 $4,787,966 ($226,212) -4.5% False Pass $34,639 $45,286 $10,647 30.7% Fort Yukon $133,478 $92,931 ($40,547) -30.4%_ Galena $114,061 $164,631 $50,570 44.3% Gambell $63,367 $48,748 ($14,619) -23.1%, Golovin $42,096 $48,748 $6,652 15.8% Goodnews Bay $43,553 $46,987 $3,434 7.9% Grayling $44,332 $48,748 $4,416 10.0% Haines $153,001 $180,144 $27,143 17.7% Haines Borough $89,719 $112,553 $22,834 25.5% Holy Cross $49,262 $48,748 ($514) -1.0% Homer $462,171 $615,704 $153,533 33.2% - Hoonah $158,559 . $117,210 ($41,349) -26.1% Page I Comr~arison of Current Municipal Aid Allocations (SRS/lVlA) with Proposed Categorical Approach _ FY94 Categorical Difference SRS/MA ' Formula in Percentage Municipality , Allocation Allocation Dollars Change Hooper Bay $80,093 $55,252 ($24,841) -31.0% Houston $88,057 $36,312 ($51,745) -58.8% Hughes $36,754 $48,748 $11,994 32.6% Huslia $46,758 $48,748 $1,990 4.3% Hydaburg $46,147 $57,429 $11,282 24.4% Juneau $4,297,260 $4,172,154 ($125,106) -2.9% ,,, Kachemak $44,877 $37,674 ($7,203) - 16.1% Kake $88,419 $215,142 $126,723 143.3% ~ Kaktovik $90,876 $48,748 ($42,128) -46.4% Kaltag $46,853 $48,748 $1,895 4.0% Kasaan $26,779 $35,000 $8,221 30.7% Kenai $746,588 $704,737 ($41,851) -5.6% Kenai Peninsula Borough $3,802,865 $2,193,540 ($1,609,325) -42.3% Ketchikan $1,146,695 $1,383,090 $236,395 20.6% Ketchikan Gateway Boroul;t $570,471 $1,064,602 $494,131 86.6%. Kiana $68,459 $62'951 ($5,508) . -8.0% King Cove $109,160 $190,436 $81,276 74.5% Kivalina $106,837 $58,753 ($48,084) -45.0% Klawock $90,461 $326,693 $236,232 261.1% Kobuk $39,398 $48,748 $9,350 23.7% Kodiak $753,975 $724,936 ($29,039) -3.9% Kodiak Island Borough $1,036,206 $897,245 ($138,961) -13.4% Kotlik $58,788 $46,987 ($11,801) -20.1% Kotzebue $426,609 . $398,175 ($28,434) -6.7% --- Koyuk $47,771 $49,246 $1,475 3.1% Koyukuk $39,215 $48,748 $9,533 24.3% Kupreanof $25,361 $36,312 $10,951 43.. 2% Kwethlu k $62,204 $46,987 ($15,217) -24.5% Lake & Peninsula Borough $361,501 $152,290 ($209,211) -57.9% Larsen Bay $32,774 $37,674 $4,900 15.0% Lower Kalskag $56,371 $48,748 ($7,623) - 13.5% Manokotak $52,142 $45,286 ($6,856) -13.1% Marshall $49,048 $46,987 .($2,061 ) -4.2% Mat-Su Borough $3,834,623 $2,752,071 ($1,082,552) -28.2% UcG rath $74,040 $70,129 ($3,911 ) -5.3% Mekoryuk $42,769 $46,987 $4,218 9.9% Mountain Village $72,370 $50,082 ($22,288) -30.8% Napakiak $51,444 $46,987 ($4,457) -8.7% Napaskiak $49,346 . $46,987 ($2,359) -4.8% Nenana $107,228 $134,366 $27,138 25.3% New Stuyahok $51,070 $45,286 ($5,784) - 11.3% N ewhalen $38,953 $46,031 $7,078 18.2% N ightm ute $40,488 $46,987 $6,499 16.1% Nikolai $38,411 $48,748 $10,337 26.9% Nome $736,129 $889,977 $153,848 20.9% Nondalton $52,099 $47,365 ($4,734) -9.1% N oorvik $98,442 $65,257 ($33,185) -33.7% North Pole $155,434 $77,281 ($78,153) -50.3% North Slope Borough $1,823,958 $1,447,893 ($376,065) -20.6% NW Arctic Borough $444,193 $607,970 $163,777 36.9°/~.'''' Nuiqsut $52,759 $48,748 ($4,011) -7.6% Nulato $53,467 $48,748 ($4,719) -8.8% N unapitchuk $83,620 $46,987 ( $36,633 ) -43.8% Old Harbor $41,262 $49,655 $8,393 20.3% , , Page2 Comparison of Current Municioal Aid Allocations (SRS/MA_} with Proposed Cate_~orical A_o_or0a¢h FY94 Categorical Difference -SRS/MA Formula - in Percentage Municipality , Allocation Allocation Dollars Change Ouzinkie $36,863 $48,371 $11,508 31.2% Palmer $496,621 $631,564 $134,943 27.2% Pelican $42,041 $40,929 ($1,112) -2.6% Petersburg $565,521 $805,383 $239,862 42.4% Pilot Point $35,565 $45,286 $9,721 27.3% Pilot Station $56,447 $46,987 ($9,460) - 16.8% Platinum $35,668 $48,987 $11,319 31.7% Point Hope $71,234 $48,748 ($22,486) -31.6% . Port Alexander $30,601 $36,312 $5,711 18.7% Port Heiden $47,306 $45,286 ($2,020) -4.3% Port Lions $38,062 $43,187 . $5,125 13.5% Quinhagak $58,585 $52,175 ($6,410) - 10.9% Ruby $44,864 $48,748 $3,884 8.7% Russian Mission $45,549 $46,987 $1,438 3.2% Sand Point $123,794 $166,144 $42,350 34.2% Savoonga $63,775 $48,748 ($15,027) -23.6% Saxman $44,383 $94,810 $50,427 113.6% Scammon Bay $50,997 $46,987 ($4,010) .. -7.9% $elawik $111,708 $64,212 ($47,496) -42.5% Seldovia $47,390 $64,323 $16,933 35.7% Seward $576,271 $749,086 $172,815 30.0% Shageluk $40,036 $48,748 $8,712 21.8% Shaktoolik $44,166 $48,748 $4,582 10.4% Sheldon Point $36,677 $46,987 $10,310 28.1% Shishmaref $58,080 $48,748 ($9,332) - 16.1% Sh ungnak $60,014 $ 56,772 ($3,2 42 ) -5.4% Sitka $1,094,493 $1,362,413 $267,920 24.5% Skagway $101,029 $68,570 ($32,459) -32.1% Soldotna $489,288 $390,836 ($98,452) -20.1%----, St. George $88,088 $231,448 $143,360 162.7% St. Mary's $81,162 $274,787 $193,625 238.6% St. Michael $53,419 $48,748 ($4,671) -8.7% St. Paul $146,814 $161,329 $14,515 9.9% Stebbins $57,037 $48,748 ($8,289) - 14.5% Tanana $76,499 $62,104 ($14,395) - 18.8% Teller $46,338 $48,748 $2,410 5.2% Tenakee Springs $31,025 $36,312 $5,287 17.0% Thome Bay $66,289 $83'655 $17,366 26.2% mogiak $72,806 $58,596 ($14,210) - 19.5% Toksook Bay $55,783 $49,113 ($6,670) - 12.0% Unalakleet $75,829 $64,731 ($11,098) - 14.6% U nalaska $569,414 $590,831 $21,417 3.8% Upper Kalskag $42,965 $48,748 $5,783 13.5% Valdez $889,461 $475,914 ($413,547) -46.5% Wainwright $60,676 $48,748 ($11,928) - 19.7% Wales $40,334 $48,748 $8,414 20.9% Wasilla $367,248 $96,071 ($271,177) -73.8% ~ White Mountain. $42,452 $48,748 $6,296 14.8% Whittier $44,254 $111,794 $67,540 152.6% Wrangell $441,870 $477,046 $35,176 8.0% Yakutat Borough $86,173 $147,483 $61,310 71.1% "Hold Harmless' Amount: $5,841,832 Page3 Categorical Approach: Borough Area Net Change in Dollars Attachment B . Difference in Proposed FY 94 Percentage Municipality _ Dollars- Allocation Allocation Change , Aleutians East ($78,352) Akutan. $35,040 Cold Bay $3,543 False Pass $10,647 King Cove $81,276 Sand Point $42.350 total ama change $94,503 $617,511 $523,008 18.1% Denali Borough ($59,209) Anderson ($16.058) total area change ($75,267) $98,947 $174,214 -43.2% "Fairbsnlm NSB ($226,212) Fairbanks $22,686 North Pole ($78.153) total area change ($281,678) $8,432,311 $8,713,989 -3.2% Haines Borough $22,834 Haines $27.143 ........ tO_tS.! amaehenge. .......... _$4~9_.~ 97~ _. , $_~92,698 $_~42,720 Kachemak ($7,203) Kenai ($41,851) Seldovia $16,933 Seward $172,815 Ketchikan $236,395 Saxman total ama chan~e $780,953 K~iak Island Bom ($1~,~1) A~ $7,~2 K~k ($~,~9) ~~ Bay ~,~ Old Hair ~,~3 O~n~ $11 ,~ Po~ ~ns $5.125 to~l ama =han~ ($1~,~2) $1 ,~,742 $1 ,~9,~ ~.6% ~ & Pen Bom (~09,211) Chignik ~,2~ Ne~len $7,078 No~on (~,7~) Pilot Point $9,721 Po~ Helen to~l ama ehan~ ($193,9~) ~1,5~ $575,4~ -~.~ Mat~u Bom ($1,082,552) H~m (~1,745) Palmer $1~,9~ Wasil~ ($~1.1~) to~l ama chan~ ($1,270,531) ~,516,018 ~,7~,~9 -26.5% No~ Slo~ Bom (~76.~) Ana~uvak Pa~ ~,~ At~uk (~,~) Ba~w ($72'247) ~o~k (~2,128) Nu~sm (~,011) Point Ho~ ($~,~6) Wainwright to~l ama chan~ (~29,7~) $2,~,~ $2,~, 167 -20.7% No~h~st Ar~ic $1~,~ Ambler ($19,893) Buc~a~ (~,811) D~g ($12,9~) ~a~ (~,~) K~lina (~,~) K~k $9,~0 Ko~ebue ($28,~) N~k (~,1.~) Sela~k (~7,4~) Shungnak .... to~l ama chan~ ($29,4~) $1 ,~,699 $1,574,1~ -1.9% Attachment C PLEASE COMPLETE AND RETURN TO ALASKA MUNICIPAL LEAGUE (fax 907-463-5480; mailing address 217 Second Street, JUneau, Alaska 99801) NO LATER THAN AUGUST 19 (use extra pages for responses ff necessary) 1. Looking at a New Program to Distribute Municipal Aid As discussed in the July 26 memo from AML President John Torgerson, the League's Municipal Nd Working Group h~s proPOsed a new program o! state aid to municipalities to replace the State Revenue Sharing and Municipal Assistance Programs. One reason for doing this is to t~t to g,t mot, stable and prediotable ~unding ~or local government~. Do you think that This is a good idea; a new program is needed; AML should take the lead. The existing programs are just fine; AML shouldn't bother with this issue. Comments: 2. ~ Program Options a. Do you agree that a categorical approach to distributing state aid to municipalities that emphasizes the provision of basic governmental services is A good approach? Yes No An equitable approach? Yes. ~ No.. An acceptable approach? Yes No b. In addition to the benefits and positive aspects of a categorical program discussed in the memo, can you think of other 'selling points' for this approach? c. Do you foresee any problems if a categorical program is adopted? d.. What other ideas do you have about how to distribute state aid to municipalities? there an alternative you would prefer? .. . Is Survey page 2 3. Working Group Proposal- ae What do you think about the proposal for the 'State Support for Basic Local Services" program, as described in the memo ~rom John Torgemon? Do you think it will be a more defensible program for the distribution of aid to municipalities? Do you think it will help ensure ~table ~unding ~or Io~1 governments? Please comment on the proposal. The Municipal Aid Working Group weighted its basic service categories by distributing 100 points, as follows: Administration & Finance Fire/Emergency Medical Services Health Facilities Parks & Recreation Police Roads & Ice Roads Solid & Hazardous Waste Management Transportation Facilities & Services Water & Sewer 16 12 8 7 17 10 9 8 13 total points = 100 be Do you agree that these categories are the "basic governmental services" that state government should help support at the local level? Yes No If not, please go on to question d. c. If you agree that these categories are appropriate, do you agree with this weighting? Yes No If not, how would you distribute 100 points among these categories? Administration & Finance Fire/Emergency Medical Services Health Facilities Parks & Recreation Police Roads & Ice Roads (question continues) AIdL #unicipaL Aid Survey page 3 Solid & Hazardous Waste Mgt. Trans. Facilities & Services Water & Sewer total points -- 100 do If you do not agree that the Basic Service categories developed by the Working Group are the appropriate ones, wh~t categories would you suggest, and what point values would you give them? [Remember that the total number of points distributed must equal 100.] Basic Service Category Points Assigned (of 100) total points -- 100 eo Should local contributions to education be considered in developing a formula for distribution of general aid to municipalities such as the proposed State Support for Basic Local Services program? Yes No Comments: 5. Stable and Predictable Funding Source Devising a new formula to distribute state-collected reveneus to local governments will not, in ~eff, solve the problem of achieving a ~table ~unding level [or municipal aid programs or for local governments. Several alternatives, some of which would require a constitutional MIL #untctpeL Aid Survey page amendment, have been discussed as ways to ensure stable funding for the proposed State Support for Basic Local Services program. Please indicate your level of support and comment on these possible funding sources. Support Could Oppose Strongly Support Legislative appropriation from the General Fund (status quo) Comment Dedicated fund - revenue from state income tax Comment Dedicated fund - revenue from Permanent Fund earnings Comment What's Next? How Can You Help? Convincing local government leaders, the legislature and administration, and the public that a change in the way the state shares revenues from commonly held resources with local governments will be a hard task. a. How would you try to convince others that this is a good idea? b. Would you be interested in helping AML promote this proposal? c. What would you like to do to help? d. What other comments would you like to make? [Feel free to add extra sheets if necessary] Name of Person Completing Form Title Municipality Phone and Fax Numbers CITY OF KENAI FIRE DEPARTMENT 105 SOUTH WILLOW STREET KENAI, ALASKA 99611 (907) 283-7666 MI~ORAm)IJM KENAi To: Kenai City Council Through' Thomas J. Manninen, City Manage~ From' avid C. Burnett, Fire Chief · Date' August 3, 1994 SUBJECT' RETRIEVAL AND RESTORATION.." OF 1942' FIRE ENGINE A piece of the City's history was recently rediscovered. One of Kenai's original fire engines., Kenai Volunteer Fire Department Engine No. 3, has been located in Cooper Landing:...where it has been sitting idle, probably since 1971 or 1972. It is parked in the:woods behind the Cooper Landing Fire Department. ---.:~:......~.:_. This 1942 Chevrolet pumper is in restorable 'Condition with most original components intact, including motor, pump, hose reels and bed, spot lights, windows, and even the Kenai Volunteer Fire Department insignia on both doors. The pumper may be available to the City in "the immediate future. Not only does it hold significant historical value to the'. City, its noted delivery date of July 1942 would indicate that it was built to wartime standards, making it one of the few "surviving" fire engines of its era. It is quite likely that if the City does not retrieve this vehicle, it will either be sold for scrap or left to rot away. The Cooper Landing Fire Department's Chief has been in contact with my office regarding the possibility of the Kenai Fire Department providing some training in exchange for the pumper. Once obtained, the pumper could easily be stored in the City Shop Storage Yard until restoration could be budgeted. This has been confirmed by Street Foreman Mark Johansen. At the very least it Would be in the possession of the City, and its whereabouts not left to chance. In light of the Mayor and Council's pro-active stance on preservation of the City's tangible history, I urge Council to take this opportunity to support the retrieval and restoration of this vehicle. A full restoration plan and report will be submitted at a later date. SUN STORY'rIME THURSDAYS at ]8:3{} 7 tiMER:ICI:IN FAMILY DRY HRLFTdR¥ POINT OF SUMMER IIENAI Ci)MMUNIT /LIi A Y -HON TUE FRIENDSHIP DAY' [NATIONAL NIGHT OUT ROUNDS REBOUND -lNG DRY BEAUTY' QUEEN IdEEK RUG/t-7 HERMDN MELVILLE ~ .- iii : KID'S DRY INTERNRTIONRL CLDblN bJEEK AUGUST t,-7 · . [RNIE PYL£ , I..& .... I..h .&, FRI .... liT. ' DRY ~-::-r ~f. ....... . ..... ~.., ~,: ,.; ..... ..~' .-"~.:;,~_'.r: ITION"L~~E PSYCHIC.EEK ~'- EK flOG - AUGUST 1-7 flLFRED, LORD . CONRAD fllKEH TENNYSON ~ I II II II SNEAK ZUCHINNI ONTO . YOUR NEIGHBOR'S PORCH NIGH! ALEX HRLEY NATIONAL BAD poETRy DRy .......... FAMILY DAY · Ni:iTIONRL ?'" gVli:illONidEEK NATIONAL RECRE- SEbJ[IRD SILVER ATIONRL ~CUBR i . . I ~EI 1 I~ 6flLMON DERBYDIVING MEEK - "1 .:,,~'..., :" .: ".'~ HUG YOUR ~Y SCHOOL STflRTSl KISS fiND ~.~-~ . ..~.~...-...~;..: ....,~.~ .,. . -. ..... LESS SRLT DRY --- ,,/ '. Kenai Library c°mmission--l'st """~";'~;'TI5 THE LRST RDSE OF SUMHER - . . . Kenmi Comunity .L. ibrar)d hms hung the Alaska Pomitiue 1994 : - ~ ~ ,.- .,' · trmuel ing photography exhibi't. The dimplmx of 4~ pieces consists of the winners of the Alaska jur ied photo contest and includes local contributors Pat Dixon and Gary Freebur_o. .......... :' ................. This show is part of the Alaska State Huseum traveling exhbits program loaned to the 1 ibrary through the efforts of Nedra Evenson. It will be at the .1 ibrary until September 18. : , . ., ROCK n'READ certificates were awarded to 44 mummer readers at, a' party at the Senior Center on'July I4'. Those receiving ...........................- A 1~ i n a Ryk ac z ewS-k'i Renae 'Rykaczewek i Brian £. K ei Chelsea Bailey'-- Jessi ca [deimer Sar ah Will i amson ................. : Tyler Thorn ton -" Phil ip E. Plartin De~i~ee Holland Kelsey Sherwood Tatiana 0zhuwan., · Eve~e t t I~1~ t in.:..:. '.. Tr" i ~h a Oz huwmn ~ . Mo11), O'Neill Holly MCCune ,.,,, .... Er;'i'ca Thye Todd B~icjham Shane Ashley Rebecca Boyd Just in Vance Amanda Boyd Cory Th ornton Jeremy Vance Christy Cupp Caleb Thompson Kyra Sherwood Kaila Murray G~eg Hewle. tt Jacit Conrigh Graves Plegan Thye "J°hn Hall ...... - Ammi Hall , '~.". " 'Ivar Leei''''' ' ' ': Ne 1 eon Lee Josh Vanc · .... Zan · O1 son A.J. Kenner 'John Rooper Laura Rooper Chrim Hewle'tt . A1 ice Rowley Ethan Garouette · Good Work Summe~ Readers 'The Young Reader's Choice Award for 1994 that many of ou~ .. ~'..i'._ ,,~, .... younger patrons voted fo~ in March w~e awarded to SHILOH by ..... .......... ~"~'~ ..... ' Phyll is Reynolds Naylor. ~OLF BY THE EARS by Ann Rin~Idi won the Senior Division. The new 1 ist of books nominated.for . the 1995 Award will appea~ in this space next month. Voting . 'will again be in March. New AMERICAN EXPERIENCE videos from PBS will soon be on carousels. Included in this series is Hunt for Pancho · Villa, ..Ei. senhower, Hurricane of '38, ..D,Day, .L..BQ, _The Kennedys, The Johnstown Flood and many other~. Fifteen videos of J.a¥ Hammond's Alask. a will al so be added to the collectic~n.. All of these videos have been donated by FRIENDS of the LIBRARY. the School starts August 24. Can B~ttle of the Books be far behind? The 1 ists will be posted soon. . ARCO has come through again! F~iends of Kenai Communi ty Library has received a $3888 grant to purchase follow-up hardware for the CD which was purchased last year wi th an ARCO grant. It will go to up-grade the color and sound ' equipped computer work station housing the encyclopedias, dictionary and thesaurus. . New magazines on the rack this month are HIRABELLA for fashion conscious, INTERNET WORLD for traversing the Information Superhighway and NEW MEDIA for technocrats. the