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HomeMy WebLinkAbout1972-10-04 Council PacketKenai City Council Meet ing Packet October 4, 1972 Ao AGENDA PLEDGE OF ALLEGIANCE CANVASSING OF ANNUAL ELECTION, SWEARING IN OF NEW COUNCILMEN ROLL CALL OCTOBER 3, 1972 PAGE 3 - 1' PUBLIC HEARING - AMENDING ORDINANCE 208-72 ORDINANCE - TAXICAB deferred go C· D, Eo F· PERSONS PRESENT SCHEDULED TO BE HEARD' 1. TV Station blanagers - KENI-TV, Alvin O. KTVA-TV, A.G. tteibert-KI~.lO-TV, Carl Bracale 2. DeVerl Peterson.- Department of Hi. ghways 3. Emmett Egan - Recreation Center 4. Clary Pioneer Insurance - Jim Christopher $. Loadstar Productions Inc. - Mr. Sturmdn 6 Mary I'Villets - Mayor's Committee M~NUTES -History & 1. Regular Meeting of September 20, 1972 CORRESPONDENCE 1. Kirchner, bloore & Company - 2 Memos 2. Colonel M.E. Dankworth 3. HUD Kenaitze Manor 4. Evergreen Corporation - Lincoln, Nebr. 5. Nels Kjelstad- Fort' kenay 6. REPORTS 1. · 3. 4. 5. 6. 7. City Manager a. b, ' c. d. ' s Report Things to do list - 9/20/72 Municipal League Conference - Oct. 24,25,26 Pacific Alaska L/G Company - Oct. 10, 1972 Dedication, Public Safety Bldg. & Urban Section, Sunday, Nov. $, 1972 e. Kenai River Bridge f. National League of Cities - Nov. 26-30, City Attorney's Report Mayor's Repor~ City Clerk's Report Finance Director's Report Planning & Zoning's Report Borough Assemblymen,s Report Bramstad- Tradition 1972 Not presen~ 7 7 7 None 7 None None 8 8 OLD BUSINESS 1. Second Request 2. FAA Buildings 3. 4. 5. - $18,849.79 - Phase I - Kenai Airport - Use by civic organization C, NEW BUSINESS 1. Ordinance 209- 72 2. · 4. 5. 6. 7. 8. 9. 10. - Public Employment Relations Act 8 Payment - George Filler - Public Safety Bldg..- $10,4Zl 11 9 Civic Center - $29,800 ' . Codification of Ordinances -, 9 Lease Lot 7 & 8, Aircraft Parking Area - Airport 9 Request for payment-Wince, Corthell & AssOc.-Phase II 9 Request for payment-Wince, Corthell & Assoc. -WPC'-AK- 35 9 Request for payment-Wince, Corthell & Assoc. -WPC-AK- 33 i0 H, PERSONS PRESENT NOT SCHEDULED TO BE t-tEARD- CITIZEN"S GRIEVANCES AND REQUESTS' 1. 2. 3. ~,°~MINUTES, KENAI CITY COUNCIL REGULAR MEETING OCTOBER 4, 1972 8'00 P.M. - KENAI LIBRARY ROLL CALL' B - 2' The Council gave the Pledge of Allegiance Members present - Robert Biel'efeld, Hornaday, Hugh Malone, Tru McGrady, Mayor .John Steinbeck. James Doyle, James Robert Norene, and Members absent - JuniOr Councilman Tim Navarre. With consent of Council, Agenda Item B - 2 - DeVerl Peterson - Dept of Highways, will be heard, first as he has a 9'00 plane to ca tch. D__eVerl Peterson - Dept. of Highwa?..~_ Mr. DeVerl Peterson from the Dept. of Highways spoke with COuncil on factors that should be considered when establishing speed limits. Mr. Peterson stated that' according to many studies, the safest driving speed is 40 or 50 MPH. The accidents and the severity of the accidences are less. As you decrease your speed the rear end accident rates goes up. The Dept. of Highways con- ducted a speed study ten'days ago and will do another study when the traffic settles down. Their recent Study showed the 85 percentile drove at the speed of 54 MPH at the High School, with the exception of school time. The speed at Beaver Loop, 53 MPH, drops to 35 MPH as they pass main street, 40 MPH going North and 50 MPH at Forest Drive. . Mr. Glotfelty asked if the total section except North of Forest Drive could be posted at 25 MPH? Mr. Peterson stated it would be difficult to enforce. As wide as it is, it is safe at 35 MPH. If Council insisted, the State~ would demand it be enforced. If you lower the speed limit, the rear end accident rate will go up. Chief Pegram reported~most of the traffic goes through at 35 MPH. His department is going to set up radar in unmarked cars to study this. The Mayor asked about the pedistrian statistics. Mr. Peterson stated the buildings are not up to the property lines, the street lights are up and visability is good, so the driver can see, and there are sidewalks from Forest Drive to Beaver Loop. ~. Councilman Hornaday asked how the accident statistics on the Spur Road stackup with other roads. MINUTES, KENAI CITY COUNCIL MEETING, OCTOBER 4, B - 2 -' DeVerl Peterson - continued. 1972 Page two Mr. Peterson"said there 'has..been several bad accidents, very few 'have worse records · t-te stated the majority of accidents are out of the City. Councilman bls. lone stated that between the City and the High School the speed lim2. ts are up' and down 35-50-20. He asked about the safety of children walking to school in the winter time. Mr. Peterson stated if you. lower the speed limit, you will make violators out of 50% of the people. He stated 98% of the students are being bused. The vicinity of the 20 ~vlPH speed zone is effective. Councilman Bielefeld stated the sign at the High Sq~hool is misleading. The wording "when children present" should be removed. Mr. the Peterson stated if you put a time element on the sign lettering will be too small to be effective. Chief Pegram stated "the' while children present" sign is misleading. If the 20 MPH speed limit was from say 8 to 5'00 P.M. it woud alleviate the problem. Mr. Peterson stated he would urge against this as the legend is too small_ and there are activities in the evening. The sign "when children are present" is still working. Councilman Hornaday stated we should make no decision until we have a comprehensive report from the Police Dept. · The City Manager asked the status of the traffic., lights. Mr. Peterson stated the problem is with the Federal Highway Administration where 93% of the funding comes from. The traffic should be 200 vehicles per hour for an 8 hour day and 600 at the main crossing. The City has roughly half of that. He stated traffic signs are for right-of-way, not control of speed. CANVASSING OF BALLOTS - ANNUAL BLBCT;!ONT.O.C.~_~.BER ..3._~.,_ ..... !_9_[2 The Clerk reported she issued 29 absentee ballots, 18 of which were returned. One was not a resident of the City. The Clerk reco~nmended accepting the votes of the following 17 registered voters within the City limits' H. N. Olsen, Helen Olsen, Frances Torkilsen, Robert Nestel, Bruce Bartel, Ellis Cheney, Adda Cheney, Marion Oberts, H. E. Han.ke, Coral Seymour, Leo T. Oberts, Jo Ann Elson, Dan Whelan, Hazel Re~nbe¥, Richard Rember, Rachel Rogers and Waldo Coyle. MINUTES, KENAI CITY COUNCIL MEET lNG, Canvassing of Ballots - cohtinued. OCTOBER 4, 1972. Page three ROLL CALL: Doyl. e moved and McGrady seconded to accept the absentee ballots as listed. The motion carried unanimously by roll call vote.' The ballots were opened and tallied' Ackerson 2, Alwin 7, t.-tudson 6, Johnson 9 and Steiner 10. The Clerk recommended Council approve the following challenged ballots' Lester Borgen, Marvin Dragseth, J.R. Lietzke, Fern Itayward, John Hayward, Vivian McGrady, Marjorie O'Reilly, Margaret Riedel, Francis Riedel, Mary Willets, Harold Lee, LaDonna Lee, William Clary and Raymond Rowley. Malone moved and Doyle seconded to approve the list as presented. The motion carried unanimously by roll call vote. The ballots were opened and tallied' Ackerson 2, Alwin 3, Hudson 9, Johnson 5 and Steiner 7. The Clerk presented a list of challenged voters she was uncertain of. The list is as follows' E.R. Rhodes, Ruttialer Rhodes, James Shaginoff, Karen Shaginoff, Judy Buffington, Lester Ness, Betty Esping, Janet Petrov, Sandra Woods, Joe Oglesby, Dwain Gibson, Sandra Rutherford, Lucy Cronce and Myron Cronce. Hornaday moved and Doyle seconded to approve the list as presented. The motion carried unanimously by roll call vote. The ballots were opened and tallied' Ackerson -, Alwin 1, Hudson 7, Johnson 6 and S teiner 5. The total votes were tallied' Ackerson 145 Alwin 163 Hudson 353 Johnson 432 Steiner 434 Bielefeld moved and blcGrady seconded to accept the count as read as the official count. The motion carried unanimously by roll call vote. . SWEARING IN OF NEW COUNCILMEN The Clerk gave the Oath of Office 'to the new Councilmen, C. E. Johnson, and H. J. Steiner. The Mayor welcomed the new Councilm.ep. aboard and presented the outgoing Councilmen, Bielefeld and Malone with a proclamation of appreciation for their years served on the Council. Members Present - RoBert Norene, C. .Steinbeck. James Doyle, James Hornaday, Tru McGrady, E. Johnson, tt. J. Steiner and Mayor Members absent - Junior Councilman Tim Navarre MINUTES, KENAI CITY COUNCIL MEETING, OCTOBER 4., ].972 Page four A - l' PUBLIC HEARING - AMENDING ORDINANCE 208-72 - TAXICAB ORDINANCE B. B B_ g_ · . ~ . Hornaday moved and McGrady seconded that the revised version of Ordinance 208-72 attached hereto and as presented to the Council on the 4th day of October, ].972, after the above-des- cribed review, shall by amendment be substituted for the version of Ordinance 208-72 prese, ntly pending before the Council. The motion carried with Steiner abstaining. Norene moved and Hornaday seconded to set the public hearing for the next regular Council. meeting on Ordinance 208-72 - Taxicab Ordinance. The motion carried unanimously. 'PERSONS PRESENT SCHEDULED TO BE'HEARD TV Station Mana_~ers - KENI-TV- Alvin O. A. G. Heibert - KIMO-TV- Carl Bracale Bramstad. - KTVA- T.¥_ - Not present DeVerl Peterson - Deoartme~.~' ?:f__Highwax__~s Heard first on the Agenda Clary Pioneer Insurance- Jim Chirstopher Jim Christopher 'from Clary Pioneer Insurance Co. in Anchorage read the letter he wrote to Council concerning insurance. If the City would be willing to sign a Broker of Record Letter, their company could start engineering facilities in the very near future. . He stated the engineering program would be beneficial to the City, as they have a well qualified staff. , Mr. Love stated that three yearsaago when Council gave the Insurance bid to Oberts Insurance, a councilman asked that when the insurance comes up for renewal, to give it to another insurance company. Mayor Steinbeck t]~anked Mr. Christopher and Mr. Love for their presentation and stated the Council will bring this up later. Emmett . E g an .... , _R_e.c.rea ti.on .._ Cent _e_ r The Clerk read the two letters the Council requested ~of Mr. Egan. One concerning membership of the North Kenai Community Playgrounds Association and the other concerning insurance. Norene moved and Malone seconded to go ahead and make a transfer of the trailer complex to the North Kenai group on a date after the next election. M~NUTES, KENAI CITY COUNCIL MEETING, OCTOBER 4, 1972' B- 3- Emmett Egan- Recreation. Center- continued. Page five B - 5' After some discussion, Doyle moved and Hornaday seconded, to table the motion until the title to the trailer is ours next May 3'0, 1973. The motion carried with Norene dissenting. Loadstar Productions Inc. - Mr. Sturman Mr.' Sturman of Loadstar Production Inc. reported his incorp- oration is making wildlife movies of Alaska. They have made a movie in Kachemak Bay and the Fox River area in Homer. They have asked the State for a loan for tourism. He stated Bob Pa!re. er is behind them. Palmer said he thought if they could get cities and businesses to endorse them they would be able to get the loan. After some discussion, the Council asked Mr. Sturman to have Senator Palmer write'the city a letter concerning this. The Council have no objections to endorsing them but hate to see it misinterpreted. B - 6' Ma?y Willets - Mayor's Committee - Histo!-_y~___&___T?_.adition Mary Willets reported the eve~±ng of September 25, a dozen concerned persons met at Fort Kenay. Their first project is the i~nmediate completion of the Fort Kenay complex. Nels Kjelstad is the Chief Coordinator, Elmer Knudson, Supt. of Construction and Roger Meeks, Labor Foreman. The Committee will keep Council informed of their progress. C· D~ - 1 Mr. Kjelstad presented. Council with a plan for work to be done in the Fort Kenay compound area. Hornaday moved and Norene~ seconded to approve the plan for the Fort Kenay compound area. The motion carried unanimously by roll call vote. MINUTES The minutes of 'the Regular Meeting of.September were approved as distributed. 20, 1972 CORRE'SPONDENCE · Kirchner, Moore & Compapy - 2 Memos The City received three letters of thanks from Terry M. Ward, J. Michael Fleming and John E. Knight, who were in Kenai with Kirchner, Moore & Co'mpany. D~ ~ Colonel M.E. Dankworth Colonel Dankworth, Director Alaska State Troopers, thanked the City for the warm reception given him at the Firemen/ Policemen's Ball. MINUTES, D - 3' D - 5: B - 1: KENAI CITY C'OtJNCIL MEETING, OGTOBER 4, 1972 Page s ix H.U.D. Kenaitze Manor James. H. Tveit, Acting Director of HUD wrote it has been determined on the basis of the minimum expenses necessary to make the project operational that this project is not feasible as presented. E~reen Corporation - Lincoln, Nebr. Robert A. Wekesser wrote he and his wife were very impressed with the organization procedures Mr. Glotfelty had for the City of' Kenai. Nels Kj. elstad- Fort KenaZ Read under Agenda REPORTS Item B-6. Manager's Report ~4r. G].otfelty asked Chief Pegram to give the Police report for the month of September 1972. Chief Pegram reported the Police Dept. issued 112 verbal traffic warnings, 57 traffic citations and a total of 34 arrests made during the month of September. Of the 34 arrests, 14 were Wildwood related. They received 40 requests for assistance or complaints from Wildwood, with an estimated 285 hours spent on Wildwood and Wildwood related problems~. The policemen put in 267 hours of uncOmpensated overtime in September. Chief Pegram reported the Firemen/Policemen's ball a success. Mr. Glotfelty reported the F.B.I. men were down to qualify our policemen with their pistols. He was impressed with how our men stacked up. Ail qualifi.ed over 90 - 3 -96's and 1 -98. Mr. Glotfelty reported the Things having been accomplished. to do list- 9/20/72 as Municipal Leag~ue Conference - October 24, 25 & ........ 26. Mr. Glotfelty would like to know who can attend the Alaska Municipal League Conference in Anchorage October 24, 25 & He should know by October 15, 1972. 26." · IINUTES, KENAI CITY COUNCIL MEETING, OCTOBER 4, E - 1 ~ City Manager's Report - continued. 1972 Page seven E - 1 (d) (e) E - 3' Pacific Alaska L/G Co. - October 10z 1972 The Chamber of Commerce is going to host a noon luncheon October ].0, 1972 with the Pacific Alaska L/G Co. October '10, 1972, at the Royal Redoubt. He is hopeful the Counciln~en will attend. Dedication, Public Safet..y.. B_]_t_d_~ &. lJrban Section, November 5, 1972 Su nda_y_ Mr. Glotfelty stated Senator Stevena and Governor Egan have accepted their invitation to be at the dedication. They are continuing to invite other dignitaries. The Airport improve- ments will be dedicated the same day. Ke_nai River Brid.g_e Don Bietenger reported all easements and rights of way have been obtained for the Kenai River Br. idge. National Leag_ue of Cities - Nov 26-30, 1972 Mr. Glotfelty stated the Administration is not attending. He would like to know who of the Council are attending so they can be registered. Work Session _--~. _ . Mr. Glotfelty requested a work session for next Wednesday evening, October 11, 1972, at 8'00 P.M. in the City Manager's Office. Doyle requested a Financial Statement on the Volunteer Fire Dept. funding. Doyle moved and McGrady seconded to freeze the rescue account at this time until after an investigation. The motion carried by roll call vote with Steiner abstaining. City Attorney' s Rep. o.?~t No report Mayor's Re orr Mayor Steinbeck congratulated the Administration on how they handled and hosted the bonding people. City .... Clerk' s Repp~_rt No report Finance Director's ReP0_r~t- No report MINUTES, KENAI CITY COUNCIL HEETING, OCT'OBER 4, 1972 Page eight ]~ - 7' F; F 1' F 2' G~ G - Planning & Zoni'ng's .............Report A1 Hudson reported on the Planning & Zoning meeting of September 27, 1.972. The Commission invited Ralph Darbyshire to give his advice on the development of Gusty S/D Addition #1. They accepted his plan for study. The Commission approved a 1 year lease on the Aircraft Parking Area to Mark Hodgins and Patrick Carry. They approved a rezoning request of Waldo Coylc and considered Telida S/D Plat and forwarded it to the Borough Planning Dept. for technical problems. Borough Assembl~men's Report The last Assembly meeting was h.eld in Seldovia. The weather was too bad and there was no quorum. The next meeting will be held October 10, 1972. OLD BUSINESS Second Request- $18,849.79 - Phase I - Kenai A_i.._r?_ort Administration again recommends Council approve final payment to Anchorage Asphalt in the amount of $18,849.79. Doyle moved and Norene seconded to accept the Administrations recommendation and pay the final payment to Anchorage Asphalt and Paving .in the amount of $18,849.79. The motion carried unanimously by roll call vote. F.A..A. Building - Use by Civic ..Organizations Mr. Giotfelty stated that since the City does not have the money to rehabilitate the F.A.A. Buildings he would recommend letting civic organizations, such as the American Legion, Coast Guard Reserve, Lion's Club etc. use them at their expense and give. them a year's lease. It would be beneficial to have someone in them. Hornaday moved and Steiner seconded to accept the recommendation of the Administration and lease the buildings to civic organ- izations. The motion carried unanimously by roll call vote. NEW BUSINESS Ordinance 209-72 Public Empl0Ym_ent Re,,1,,at_i0~F_,S_._Act Under the new Municipal Code, communi'ties may prohibit ~-collective bargaining by an. Ordinance. Norene moved and Doyle seconded to introduce Ordinance 209-72 - Rejection of provisions'of Chapter 113, Session Laws of Alaska, 1972 (Public Employment Relations Act). The motion carried by roll call vote with McGrady dissenting. MINUTES, g - 2' G - 3' G - G - C - 6' KENAI CITY COUNCIL MEETING, OCTOBER 4, 1.972 Page nine P_p~ment - Geor_.%e Filler - Public Safetx.__B!dg. Civic Center - $29,800 - $10,421.].1 - Administration recommends payment to George Filler in the amount of $10,421.11 - Public Safety Bldg. and $29,800 - Civic Center. Johnson moved and Doyle seconded t~o pay the bills per the City Manager's Recommendation. Hornaday moved to table the motion until we get a written report from the Architect on progress with agencies in Juneau. The motion died for lack of a s~econd. After much discussion, the motion carried unanimously by roll call vote. Codification of Ordinances Mr. Glotfelty stated under the new Municipal Code, re-codific- ation is required. The cost is approximately $3,500 and is something we will have to do in the new year. Lease Lot 7 & 8, Aircraft Parki_n__g_Area - Airp~0?_t- Administration recommends approval of this lease contingent on Planning & Zoning's recommendations. McGrady moved and Hornaday seconded to approve the lease of Lots 7 & 8, Aircraft Parking Area - Airport to Mark Hodgins and Patrick Carty for Go ~lachine Sales and Service, with the stip- ulation to hold the lease to one year contingent upon improve- ments. The motion carried unanimously by roll call vote. Request~ for .p~moa merit - Wince,. Corthell & Assoc. - Phase II Administration recommends approval of payment in the amount of $10,487.55 - Phase II - Kenai Airport. After some discussion, Hornaday moved and McGrady seconded to accept Administration's recommendation.-~ and pay Wince-Corthell & Assoc $10,487.55- Phase II - Kenai Airport. The motion carried unanimously by roll call vote. Request for payment - Wince, Corthell & Assoc - WPC-AK-35 Administration recommends Aince, Corthell & Assoc. approval of payment of $4,923.25 to for WPC-AK- 35. Norene moved and LIohnson seconded to accept the Administration's recommendation and pay Wince, Corthell & Assoc. $4,923.25 - WPC- AK-35. The motion carried unanimously by roll call vote. MINUTES, G - 7' H - 1: H - 2: H - 3' G - ,8: KENAI CITY COUNCIL MEETING, OCTOBER 4, 19 72 Page ten Re_quest for Ea_ .yment - Wince, Corthel!___&_.As~_O.C _._,.:WPC-AK-33 Administration recommends approval. Wince, Corthell & Assoc. WPC-AK-33. of payment of $1,878.75 to Hornaday moved and McGrady seconded to accept Administration's reco:nmendation and approve the payment to Wince, Corthell & Assoc in the amount of $1,878.75~' - WPC-AK-33. The motion carried unanimously by roll call vote. PERSONS PRESE!'~T NOT SCHEDULED TO BE HEARD: CITIZEN'S GRIEVANCES /u~'D REQUEST: Nels K_je.lsted Mr. Kjelstad reported Phase II - Kenai Munidipal Airport is nearly finished. The West interceptor - WPC-AK-35 has com- pleted a line test and approved except for one spot, and a list stat.ion left to do. They have had a rough time with the East interceptor. The crossings are in at Linwood & Tinker Lane, another lift station t.o go. It is 99% complete. The City has accepted some streets. WPC-AK-33 is 75% complete.. The building 5s read7 to send down. Ten evergreen trees have been pu~ in. It is scheduled for completion in February. Councilman, Hornada¥ Councilman Hornaday has invited the old and new Councilmen to a dinner October 18, 1972, for a farewell '& get acquainted dinner. A1 Hudson Mr. Hudson stated the air schedules are being cut and will effect the airport revenues. Wien will cut to one flight. He suggested Council write letters and ~ave the City Manager follow up on this. New Vice Mazo__r Norene moved and Steiner seconded to nominate Jim Doyle Vice-b{ayor. A unanimous consent was asked and granted. for MEET lNG ADJOURNED 1:30 A.M. Respectfully submitted, Sharon Sterling, City Clerk THINGS TO DO LIST 10/4/72 F~ G~ G~ G~ G~ - 1' · · ~ · . . Send Certified copies of Ordinance 208-72- Taxicab Ordinance to Taxicab Companies. Financial Statement - Volunteer Fire Dept. Pay Anchorage Asphalt $18,849.79 Pay George Filler $29,800 Pay Wince, Phase I I - Corthell & Assoc. Kenai Airport $10,487.55 Pay Wince, WPC-AK- 35 Corthell & Assoc $4,923.25 - Pay Wince, Corthell & Assoc. WPC-AK- 33 $].,878.75 C) O- I, _.~~~ J~ ~_ ...... _, DO SOLEMNLY S~EAR THAT I ~/ILL SUPPORT THE CONSTITUTION OF THE UNITED STATES, THE LA~S AND ORDINANCES OF THE CITY OF KENAI, AND THE STATE OF ALASKA, AND THAT I I~ILL FAITHFULLY AND HONESTLY PERFORM THE DUTIES OF COUNCILMAN. Sigf~ature ATTEST' Sharbh steriing, cit.~ Clerk THAT I ~ILL SUPPORT THE CONSTITUTION OF THE UNITED STATES, THE LA~S AND ORDINANCES OF THE CITY OF KENAI, AND THE STATE OF ALASKA, AND THAT I ~ILL FAITHFULLY AND HONESTLY PERFORM THE DUTIES OF COUNCILMAN. i(/, ... .. .. ~ . ,, - Si-gnature~ 1972. ATTEST' ~Sharon '"'S't~'rl i"hg, city Clerk ~- ALASKA STATE DEPARTMENT OF HIGHWAYS The following factors should be considered when establishing speed limits. 1. Prevailing vehicle speeds e e a · 85-percenti I e speed Pace Average test run speeds Physical features a · c ~ Des Mea (1) (2 Roa (3) ign speed surable physical festures Maximum comfortable speed on curves Spacing of intersections Number of roadside businesses per mile dway surface characteristics and conditions Slipperiness of pa.v~ent Roughness of pavement Presence of transverse dips and bumps Presence and condition of shoulders Presence and width of median Accident experience Traffic characteristics and control a t Traffic vol umes Parking and loading of vehicles Com~erc i a 1 v eh i c 1 es Turn movements and control Traffic signals and other traffic control or are affected by vehicle speeds Vehicl e-pedestrian conflicts. devices that affect f~ September 29, 1972 Of [ i ce o~ ~a¥or Ci C¥ of l~ena i Eena i, Alaska Dear Hayor S~tnbeck: Re: Recreation Trailers AC ~heir reRular meeting of September 20, 1972, the City Council requested ~ha~ I give ~he~ ~he n~e of ~he non-profi~ o~'ganiza~ton, as ~11 a~ th~ offtcors. ~d ~o assure the City Council of Ch~ tndemt~y, pro- per~y, and liability i~urance connected vt~h tho movi~ and es~blt~ht~ of ~he r~creatlo~l ~r~tlers. The non-profit organization that viii be supervtsin; the r~crea~icnal programs of ~he youth and adults, i~ ~he North Kenai C~uni~y Playgrou~ Association. .M. Mac McGah~n is prestdonC,-Pastor Fa.~ ~nadio, vice president, and Elaine Run,ad, secretary. And, myself, ~e~ Egan, ts a m~ber off ~he At~ac.hed is a letter from Insurance Brokers of Alaska coverir~ the requested insurance in/oraa~tono Th~nlc you a~ain, for your consideration. INSURANCE BROKERS OF ALASKA 426 EAGLE STREET ANCHORAGE, ALASKA 99501 TELEPHONE 907-279-7411 P. O. BOX 3851 KENAI, ALASKA 99611 TELEPHONE 907-283-4953 September 26, 1972 Emmett Egan P. 0. Box 2745 Kenai, Alaska 99611 re: City of Kenai Recreation Facility Dear Emmett, To confirm our conversation- the liability and property insurance for the Phillips Recreation Complex. The City of Kenai has coverage at present under their policy. Until the City owns the facility the North Kenai Community Playgrounds Association may be added as additional named insured to the City' policy for an additional premium. A request to add the additional name can be made by the-City to their agent. To provide transportation coverage a mobile home policy can be issued including collision and cancelled when the relocation is complete. When the City's agreement with Phillips allows for purchase end/Or City o~mership separate coverage may be written to protect all entities. Sincerely:" / , Bob Nestel (/ CLARY PIONEER INSURANCE//~i~ii~ AGENCY · ~ ~,. $03 fifth avenue * anchorage alaska 99501 * phone 272 8533 July 17, 1972 City of Kenai Kenai, Alaska Gentlemen: Bob Love, who manages our Kenai office, has informed me that the City is contem- plating hiring an engineering firm to engineer the City's liability exposures and property values. This letter is to inform you that through our facilities we can effect a consider- able savings to the City in their contemplated plans. We represent the Continen- tal Insurance Companies, which is the largest insurance group in the United States, and they do have the largest and. most qualified engineering staff of any company represented in' Alaska. I have briefly approached the Continental and told them of the City of Kenai's plans and they have expressed a willingness to accomplish your engineering needs in return for negotiating a three-year policy. The advantage to this situation over hiring an independent engineering firm to engineer your, eXposures would be that if your coverage is placed in the Continental, you would~c~%inued engineering service throughout the term of the policy besides the initial ~ngineering. You probably have already found that these engineering services are rather expensive and the Continental would not be agreeable to going in and doing the engineering unless they were assured of the policy for at least three years. I am sure you are well aware that a premium will seek its own level and if you have many losses, the premium will rise~ or if everything is properly engineered and losses are~held to a minimum, the premium will decrease. The Continental engi- neers are all deputized by the State and have proven their ability to hold losses to a minimum when-they have the cooperation of an insured. The Continental presently insures the City of Seward, Valdez, Ketchikan and Fairbanks' to name a few of the municipalities in Alaska. If you would be willing to sign a Broker of Record Letter for our representative in Kenai, Bob Love, we could start engineering facilities in the very near future. .... JC: jw division ' of BaYly Martin & Fay inC., insurance brokers · offices in: san francisco * new york * los angeles * san diego KIRCHNER, MOORE AND C~MI~NY 1414 WOODMEN TOWER ' OMAHA, NEBRASKA 68102 DENVER OFFICE: i600 BROADWAY SAN FRANCISCO OFFICE' 235 MONTGOMERY STREET September 25, 1972 Mr. Edwin H. Glotfelty City Manager P. O. Box 580 I4enai, Alaska 99 611 Dear Mr. Glotfelty: On behalf of Mr. Dick Young and our group of investors from Nebraska, we want to thank you very much for providing information and your time during our stay in Alaska. I know all of us enjoyed our trip and found it most informative and, above all, the friendly reception we received made the trip especially enjoyable. It is.through your efforts that people out- side of Alaska get a better understanding of your fine State. We certainly appreciate this and hope that some day we can reciprocate. Very truly yours, KIRCHNER, MOORE & CO. Ward TMW/p1 MUNICIPAL BONDS EXCLUSIVELY 'J. MICHAEL FLEMING VICE PRESIDENT KIRCHNER. MOORE & COMPANY 1600 BROADWAY DE'NVER. COLORADO 303-292-1600 J. MICHAEL FLEMING VICE PRESIDENT , MOORE AND cOmPANY IADWAY · DENVER, COLORADO 8020 (3o3) $CO OFFICE' 235 MONTGOMERY STREET OMAHA OFFICE' 1414 WOODMEN TOWER September 25, 1972 Mr. Edwin H. Glotfelty City ~.--~an ager P.O. Box 580 Kenai, Alaska 99611 Dear Ed: Those of us at Kirchner, Hoore and. Company and the members of our inspection team from !.~ebraska an~ Colorado wish to e:~tend our sincere thanks to you for makin~ our visit to Kenai so memorable and worthwhile. The information that you and your associate.s supplied to us was most helo{ul. _. As a municiDa! bond firm, our organization will continue to have a ~een interest in Kenai bonds and. other credits with- in the ~reat State of Alaska. Very truly yours, KIRCH~!RP., ~,.~OORE AND CO~.~PAMY JMF/lc J..Michael Fleming P S Edo, a~ you know, Kirchner, ,. · . ~oore and Company bid on the Kenai bonds; however, our bid was second. I congratulate the co.mm, unity on the excellent bid that you received. I would like to send our Alaska municipal bond offerings to intereste~ people in Kenai. You will recall we talked about this durin~ the tour of the community. At your con- venience, please be kind enouoh to send me their names and. addresses and, I will be certain to keep them posted on attractive bond offerings in your state. ~ . MUNICIPAL BONDS EXCLUSIVELY JOHN E. KNIGHT · PRESIDENT PACKERS NATIONAL BANK OMAHA, NEBRASKA 68107 September 27, 1972 Mr. Edwin H. Glotfelty City Manager P. O. Box 580 Kenai, AK 99611 Dear Mr. Glotfelty: Many thanks for your hospitality during our recent trip with Kirchner, Moore & Company to your fine community. Our trip was informative - in fact, it cleared up some personal misconceptions. You certainly have some opPortunities both now and in the future. JEK/as Respectfully, John E. Knight / DEP~%RT~]ENT OF PUBLIC SAFETY' DIVI$1OIf O~ SZAT£ TROOP£R$ / ...... Box 6188 Annex, Anchorage, Alaska 99502 [J ~'~J'~ Em'er~' W. ~a~ple,' jr~ Commissioner ._ , September 27, 1972 Mr. Edwin Glotfelty City Manager City of Kenai Kenai, Alaska 99611 Dear Ed' I would like to thank you for the very warm reception I received at the Firemen/Policemen's Awards Banquet Saturday evening. I was very surprised by the support the people of Kenai give to their police and firemen. It is certainly a compliment to the organizational ability of the City Manager when a visitor finds the public so civic minded. There is no question you have done an outstanding job for the people of Kenai, and in doing so have assured the full support of myself and the Alaska State Troopers in all of your programs for public safety. Please advise your wife I enjoyed thoroughly my conversation with her during the banquet and look forward to visiting you both when the new building is inaugurated. With best wishes, I am MED:pal cc. Commissioner Chapple Sincerely; Cal.onel M. E. Dankworth Director Alaska State Troopers REGION X Arcade Plaza Building 1321 Second Avenue Seattle, Washington 98101 · ,.,u O DE,.F'A}:qTM[EN-I"' OF HOUSING A!q...,Lg URE-~,~.N DEVELOPMENT FEDERAL HOUSING '~MtNIS'f~,,/\TION ANCHORAGE ,NSLS~INO OF~CE 334 WEST FIFTI4 AVENUE ANCHORAGE, ALASKA 99501 September 25, 19 72 IN REPI_Y REFER TO: Anchorage I0. (UO) National Bank of Alaska P. O. Box 600 Anchorage, Alasha 99510 Gentlemen' Subject' Kenaitze Manor, FHA Project No. 176-44027 This office has completed our processing of this project, including a review of the expenses wi. th the sponsor's contractors, Wayne and Rod Cherrier, and it has been determined on the basis of the minimum expenses necessary to make the project operational, that this project is not feasible as presented. Based on the unit composition of 10 B,o bedroom units, 25 three bedroom units, and 5 four bedroom units, the maximum project loan would be $985,000 which would mean that the sponsor would have to have a minimum of $240,000 cash investment in the project to meet the proposed construction budget and loan requested of $1,225,000. During these meetings, Mr. Cherrier also discussed the possibility, of changing the unit composition to 5 two bedroom units, 25 three bedroom units and 10 four bedroom units. If this comvosition were utilized, tt~en the maximum lo'an could be increased to $~,060,000 provided the expenses remain constant and there w.as no increase in the construction. costs. This would require a minimum of ~190,000 cash investment. We would like to point out that during our processing, the cost of $1,225,000 appeared to be reasonable for the project as designed. How- ever, .due to the statutory income limitations imposed, and the reported incomm.s of the proposed tenm~ts which were less than the statutory limits, the construction budRet is in excess of that allowed to make the project fe.asible and it is' suggested that you consider a redesign of the project · utilizing the maximum allowed loans for one of the above unit compositions in an effort to design a project that this office can insure. Any redesign of the project should incorporate the proposal for master metering of water, sex?er and gas so that the minimum expenses can be utilized in our processing. Sincerely, z ' k..:,.i,~!:..:;~,.-,~.~,-~-.~.:?/.',~. ;~,'u ~ ./~f',, . J~:mes H. Tveit Acting Director EVERGREEN GOR~ORATION LINCOLN, NE~R'ASK~-'"6~510 "' ROBERT A. WEKESSER PRESIDENT .5301 A STR~.T $02.488:4852 · · ,September 29, ;1972 MrEdwln H. Glotfelty City Manager P. O. Box 580 Kenal, Alaska 99611 Dear Mr Glotfelty' Edith and I were very impressed with the organ! ~at !on procedures you had for the '.c_ity of Kenai, We remarked several times how much more organized and well planned Kena~i seemed to be than any o.th~r place we visited. We felt certain that ~t was ~due to your ability. I am invo%ved with a company know as S R I Inc. whic.h deals with the.-select~on o-f people who have great people ability. ~ have given your name to the company p.r~e~dent, Dr Do.nald 0.. Clifton and should they ~.n .t..he future have _cal.l_ ,f.or someone in this area, be m~y get ~in tg-.uch w~it.h you, I believe the company ~is_ ~V bas been ~i.n. vo~ved w~tb the selection of tea~cher~s ~f_o? ~s~om.e .sy$$¢m ~i~ $~a~ska, .. Thank you for the time ~nd ~e%p~$n~at~ip.n, Sincerely, ~E · CORTHELL"& ASSOCIATES CONSULTING ENGINEERS P.O. Box 1041 283'4672 KENAI, ALASKA 99611 · ff~..~O'I/ZJ Y I ~lS i CokJC. T2.~.T-~o. ldo'T- L)o \ O31LL.. , Ak3 · (Booc~ -~I~- i t o . . ~'l,J Cx~r~ crt,3 O 1 (,o 1 1 B - 1 B - 3 E - 2 E - 3 THINGS TO DO LIST 9-20-72 Invite DeVerl Petersen & Police Chief Pegram to next Council meeting. Letter to Historical Society and 16 volunteers who manned the museum. Letter of Intent to Emmett Egan. Set up luncheon for paCific Light '& Gas, October 10, 1972. On agenda Done Done Done G - 7 Write Resolution 72-30 - Terminating contract with ~VOlunt'eer Fire' Dept. Invite T.V. Station officials to CoUncil meeting. Done Done b"IONTH LY REPORT KENAI POLICE DEPARTMENT SEPTEHBER, 1972 The month of September brought about five vehicle accidents, no major injuries witi~ an estimated total of $2,000 property damage. There were 112 verbal traffic warnings issued, 57 traffic citations, and a total of 34 arrests made during the month of September. They are as follows' 1 - Obtaining i',.Ioney by False Pretenses 2 - Possess ion of Drugs 8 - Disorderly Conduct 3 - Runaway 1 - Grand Larceny 1 - Pe-tty.Larceny 4 - Drunk ill Public 2 - blinors in Possess ion 4 - Assault and Battery ? - Driving Whilo Intoxicated 1 - Defrauding an Innkeeper Of the above arrests the following were Wildwood related- 6 - Disorderly Conduct ~ - Assault and Battery 2 - Drunk in Public 1' - Driving ~Vhile Intoxicated 2 - Minors in Possession 40 requests for assistance or complaints were filed from WildWood. An estimated 285 hours were spent during September on Wildwood and Wildwood related problems. Kenai Police Department Officers put in 267 hours of uncompensated overtime during, the monti~ of September. ' ~"/'; "'.'""'/"~.'.~:",.~ :~'"' .~/Z..? .4, _.-~ '... ¥':..! .., p_e,o, ra~n× /// ~ Chief/Of Police · KenaiZ~'''' Alaska bg/ ,204 I::?~NKLfN TELEPHONE 210 ADMIRAL WAY 586- 1325 JUNEAU, ALASKA 99801 September 22, 1972 Members of the Council City of Kenai P. O. Box 580 Kenai, Alaska 99611 Gent lemen: A meeting.of ~he League Legislative Committee has been scheduled in Anchorage, October 24, 25 and 26. It will be the responsibility of the Committee at this time to prepare a draft of the League's 1973 Policy Statement for sub- mission to the delegates at our 22nd annual Local Government Con~fe.r~ence. This will be the final opportunity for the Committee to review not only the Policy Statement but also the suggested revisions recommended by the various League members in the past few weeks. The City .of Kenai is represented on the Legislative Committee by James Hornaday. Due to the extreme importance of this meeting, I urgently request that you authorize Jim to attend these sessions. I wish to express my personal thanks for your-cooperation and courtesy in assuming the additional responsibility for this important function of the League. Sincerely, George M. Sullivan President GMS/mm MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NA'J'IONAL ASSOCIATION OF' COUNTIES WINCE · CORTHELL & ASSOCIATES ~" CONSULTING ENGINEERS P.O. Box 1041 283'4672 KENAI, ALASKA 99611 . - September 21, 1972 CITY OF KENAI P.O. BOX 580 KENA'I, ALASKA PROJEC 'T: ADAP 9961'1 8-0 2-01 4 2-01., PHASE Dear Sirs: Transmitted herewith is Asphalt Paving Co., Inc. the status of the final a copy of a requesting payment for let.ter from Anchorage information regarding the subject project. We would o-rder to appreciate a letter reply to them. in answer to their .question in WINCE-CORTHELL & ASSOCIATES Frank W. Wince, P.E. Encl. PHONE 333 - 5536 PARKING AREAS AND DRIVEWAYS 5835 EAST TUDOR ROAD ANCHORAG E, ALASKA 99507 September 15, 1972 Wince & Associates Box 3-394 Anchorage, Alaska 99501 Attention. Mr. Frank Wince Re: Kenai Municipal Airport, 1971-1972 ADAPB- 02-0142- 01. Improvements Project Dear Sir: Please advise of us of the status of estimate ~4' (final) for the subject project. We have prepared the Certificate of Release with the exception of estimate #4 in the amount of $.18,849.79. Upon 'Notification that these monies are available for we will releas.e the certificate. Your early response this inquiry will be greatly appreciated. payment to Yours very truly, ANCHORAGE AspHALT PAVING CO., ., P.E. ~ngineer INC. RJH/dml .) CITY OF KENAI ORDINANCE 209 -72 REJECTION OF PROVISIONS OF CIIAPTER 113, (PUBLIC E~IPLOYMBNT RELATIONS ACT). SESSION LAWS OF ALASKA, 1972, . BE IT ORDAINED BY TI~E COUNCIL OF THE CITY OF KENAI, ALASKA' Section 1. That the Code of the City of Kenai, 1963, as amended, is hereby further amended to add Section 1-47 to read as follows' Section 1-47. That the provisions of Chapter 1'13, SLA 1972 as it adds provisions of Title A. S. 29.40 to the statutes of the State of Alaska are hereb.~ rejected as provided by Section 4 of Chapter 113, Session Laws of Alaska, 1972, so such provisions of law shall not apply to the City of Kenai. Secti on 2. That it is the finding of the Council that-the rejection of the provisions of Chapter 113 of Session Laws of Alaska, 1972, is in the best interest of the City of Kenai and its administration in the public interest. Introduced day of October, 1972. PASSED on second readin~ day of , 1972. POSTED after introduction on day of October, 1972. POSTED after final pass.age day of , 1972. CITY OF KENAI JOtlN F', 'STEINB'ECK, Mayor ATTEST' SIIA~RON -STE'RLi ~G', .... City 'C"l erk STATEL'.[ENT GEORGE 124 FRONT STREET PHONE 586-282~ JUNEAU. ALASKA IZlLLER ARCI-IITECT AIA ? August 30, 1972 City of Kenai Box 580 Kenai, Alaska Re: Kenai Public Safety 'Bldg. 71-60 97% of Total Design .fee of $66,960.24 = $64,951.43 Less Amt. Pd. to Date on Design 60,264.21 Balan.ce Due and Payable $4,687.22 Inspection from 3/22/72 thru 8/22/72 @$1,000 per mo. 5,000.00 Rendering - Robert Fansler 490.18 Travel - George Filler June 29-30 Airfare $104.50 Ground Transportation 9.00 2 days per diem at $40 per day 80.00 Charter 35 .'00 228.50 Telephone through 7/15/72 Xerox & Postage charges 9.80 5.41 AMOUNT NOW DUE AND PAYABLE I certify that the above is true and has not been made. $10,421~.11 - correct and.that pa~~ - ' GEORGE FILLER .......... ~'"~"' .... ~I 124 FI~ONT STREET PHONE 5B6-28.2~ JUNEAU. ALASKA · ! ~*'~'~iil GEORGE ~1 LLER ARCHITECT AIA August 30., 1972 STATEHENT _ City of Kenai Box 580 Kenai, Alaska Re- Kenai. Civic Center 71-70 Estimated Construction Cost = $2,100,000.00 Estimated Cost @8% = Fee of $ 168,000.00 Design development at 35% of total fee = $ 58,800.00 Less ~ount Previously Paid '-'15,000'. O0 $: :4'3:, 8 00. :0 0 AMOUNT NOW DUE AND PAYABLE I certify that the above is true and correct has not been made. and that paym/~ (Airport Lands or Facilit~es) TIIIS AG~L2.~NT entered into this 4_ ___day of _.Oct_ober 19 72 , by and between the City of Ke~ai~-a~h6me rule, municipal coition of Alaska, hereinafter, called ':CITY", and __: G,O_~__H~..c:hine__S~l_es__6 Ser¥ice __, ..... . __ ~ __-_- , hereinafter called LESSEE, That t~e City, in consideration of the payments of the rents and the performance of all the covenants herein contained by the LESSEE, does hereby demise and lease to the L~SSEE the following described property, in the Kenai Recording District, Alaska, to wit: Lot 7 & 8, Aircraft Parking Area - Kenai Municipal Airport Term_ : The term of this lease is for 1 years commencing the _~ ~_~____ ~ day of _October_ _ ~ .... , 197_2__, to ~h~e _ 30 _ ___day of _SeDt~mbe. r ..... , 1-972 , at the annual rental-of $-~,_0fl , p~able-'ye~rlY-in=a~ahce- on the first day of each year of said~ term (or first .day of July of each year of said term) and said rate shall apply for any fraction of a year after the first full 'year of this term and so in proportion for any less time. _ _ ntr~ and occupancy is authorized as of the _ day Of 0ci0ber , 19=3~=_, and first rent shall be computed- kr0m ~q~(~K $ :300. O0 ~ _ now dUe~ The rent specified herein is calculated at the rate of $ .02 per square foot per year 15,000 square feet at $ - 1'02 or $___ 300.00 _per year. In addition to the rents specified above, the LESSEE agrees to pay to the CITY fees as hereinafter provided: (a) Assessments for public improvements benefiting property (b) Applicable taxes to leasehold interest or other aspects (c) Sales Tax now enforced or levied in the future The purpose for which this lease is issued is: Snow machine sales & service. GENERAL COVENANTS 1. USES Except as provided herein, any regular use of lands or faci~-~es without the written ~onsent of the CITY is prohibited. This prohibition shall not apply to use of areas designated by the CITY for specified public Uses such as, passenger terminals, automo- bile parking areas, and streets. · · t2~ Uses not contemplated Prohibited: Solicitation of donations or e ~r~mo%i~-~-op~~i6n of'--:'any-~part or kind of business or com- mercial enterprise not contemplated by this lease, upon, in or 'above airport lands without the written consent of the CITY is prohibited. (lease revised 10/69 -- page revised 1/70) · 3. Impound i n?: ot: Property. · Any or all personal or real property placed or used upon lands or in facilities in violation of prohibitions may 'be removed and/or impounded by the CITY and when so removed and/er impounded,, such property may be redeemed by the owner thereof only upon the payment to the CITY of the costs of removal plus storage charges of $1.00 per day or $5.00 per day in the case of each building or each air- craft in excess of 6,000 pounds gross weight, or in the case of any other kind of property, an amount not to exceed $5.00 per day, or. in accordance with such higher fees as may be incorporated into regulations of CITY'S Airport. 4. Commitment for Rent and Non-Assi~nment.~ · LESSEE agrees to pay the · annual rental and'fees specified ~nd .no~ to assign this lease or any part, not l~et, nor sublet, either by grant or implication, the whole or ~ny part of the premises without written consent of the CITY. Assignments shall be accomplished as follows' · a. submittal to, and approval of, proposed lease assignment by the Kenai Planning Commission. b. After approval by the Kenal Planning CommisSion, final approval .of assignment by the City Council. $. Treatment of Demise · The LESSEE agrees to keep the premises clean and in good order at his own expense, suffering no strip or waste thereof nor removing any material therefrom without written permission of the 'CITY.. At the expiration of the term fixed, or any sooner determination of the lease, the LESSEE will peaceably and quietly quit and surrender ithe premises to the CITY. . . . 6. Payment of Rent · Checks, bank drafts or postal money orders shall be made payable to the City of Kenai and delivered to the City Adminis- tration building, Kenai, Alaska. .. ?. Construction approval and Standards · Building Construction shall~ be neat and Pre'~e'ntable and compat'i~'ie ..... With its use and surroundings. .~rior ~:o pl. acing of fill material and/or construction of buildings on a .leased area, the LESSEE shall submit a plan of proposed development of property to the CITY which 'shall-be approved in writing for all permanent improve- ments. . . .. · 8· Lease Renewal Request Procedure · LESSEE shall within 30 da~s before the ~xpiration make application in writing for a renewal, certifying under' oath as to the character and value of all improvements existing on the land, facilities, properties, or interests therein, the purpose for..' which is desired a renewal and such other information-as the CITY may require. The LESSEE shall deposit with such application, the sum equivalent to 100 per cent of the prevailing annual rental or fees still in effect. 'Such application, when fully conforming to the requirements herein stated, will. extend the lease on a month to month basis until such~time as. the City gives notice to LESSEE that- .. . - . . · . a. The. re'quest for renewal has been granted.' -.... .. . . '' b. The request for renewal has been rejected., stat'lng the reasons for such rejection. " . . . · c.. The CITY has determined it to be in the best public, interest · or is required by law or regulation to offer the lease at-a public auction. -. d. That equitable considerations require a revision of the lease .. prior to granting .a renewal. 9' Right of Entry · Should default be made in the' payment or any portion of th-e rent or ices when due, or in any of the covenants or conditions · contained in a lease, and for thirty days thereafter, the CITY may re- enter and take possession of the premises, remove all persons therefrom, and upon written notice, terminate .the lease. .. (Lease revised 10/69 - page revised 2/7-2) .10. Rent Esca],at~ion~. .'2'very five Years Or Less; In the event this le. ase--~' f~r a ter~z in excess of five year's, the amount of rents or fees .specified herein shall be .subject to re--negotiation for increase o.r d. ecrease at intervals of XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX from the 1st clay of July pr ----'~'- ...... ~- .....~- ...... ' ........ ''----~' _ ecealn.g the ezlectlve date of this lease. 11. Building Placement nestrj_ctions- No kuilding or other perman- ent structure shall l?e placeC %.7iti~.in ten (10) ~eet of the boundary line of any lot held ky a LESSF. 2-' provided, however, that ~.~,here two or more lots may be held by the LESSEE are contiguous, the restric-- tion in this condition may be waived by ,:~ritte]~ authorization of the CITY. 12. Protection of Aircraft'- ~.!o building or other permanent struc- , ture shall be placed. %.?mthin 50' of the property line fronting a landing strip, taxi:.ay or apron %.;ithout the-written approval of the CITY. This area shall be use~ for parking aircraft only. 13. l?~ic._es Delive~rv~_~_ Ail %,:ritten notices required by this lease or per-.it shall be sent registered or certified mail or delivered .personally to the last address of record in the files of the CITY. 14. Offer to Lease Acceptance- The offer ~o lease is made subject to ap~.~~able ia~.:s an¢~ reguiations of CITY and may be withdrawn with- out notice at any tirae after 30 days from submission thereof unless within such 30 days the LESSEE executes and returns the lease to .the CITY. . 15. Under~l~ing Title~, The interests transferred, or conveyed by this lease are su~ject to any and all of the covenants, terms, or conditions contained_ in the instruments conveying title or other interests to the CITY. . 16. Riqht of Ins~action'o CITY shall have the right, at alI reason- able ~'~mes, to enter the premises, or any part thereof, for the pur- poses of inspection. 17 Insurance- LESSEE covenants, to save the CITY harml.ess from all actions, sui~-~ liabilities or damages resulting from or arising out of any acts of commission or omission by the LESSEE, his agents, em~ ployees, customers; invitees or arising from or out of the LESSEE"s occupation, or use of t'he ~premises dimised or privileges granted, .and to pay all costs connected therewith. In this connection, The LESSEE agrees to arrange and pay for all the following: '(a) Public liability insurance protecting both the CITY and/or its agents and the L,~SSEE, such insurance to be evidenced by a certificate showing the insurance i'n force. The ~mount of such public liability insurance shall have limits not less than those kno%"rn as oo,ooo/ o_9,ooo/so,ooo _ _ (~) LESSEE agrees to carry employers liability 'insurance and WorPJnen's Compensation insurance and to .furnish a certifi- cate thereof to the CITY. (c) Insurance contracts proving liability insurance and :'.?ork- men's Compensation shall provide not less than thirty days written notice to the CITY of cancellation or expiration or substantial change in policy conditions and coverage. (d) LESSEE agrees, that waiver of subrogation-against the CITY : shall be requested of LZSSEE's insuror and shall be pro- ' vided at no cost to the CITY. . '17. Insurance Cont'd. (e) Cross Liability- It is understood and agreed that the in-- surancc afforde,d by this policy or policies for more than one n~'~ed insured s~all not operate to increase the limits of t!~e company;s liability; hut other',~,ise shall not operate to li~it or void the coverage of any one nm~ed insured as respects clair.~s a~ainst the same named insurred or empoly- ees of such other named insured. 18. ..'-.ccountin~ O?liqation- LESSEE agrees to furnish the CITY an annua-i-~{~]%--S{,~{6mcn: of gross business receipts and/or an annual sworn statement of tl~.e nu~,J}er of gallons of fuel and oil sold and/or any certificate or statement to substantiate the computation of rent's or fees including reports to other goverrm~ental agencies. 19. Collection of Uneaid l'ionies- Any or all 'rents, charges~ fees or other consiceran~cn ~,~n~ch are due and unpaid at the expiration of voluntary or involuntary ter~,ination or cancellation of this ~lease shall be a charge against the LESSEE and LI]SSEE's property, real or personal, an¢] tt,e CITY shall have such lien rights as are allowed, by la~:.,, and enforcement by distraint may be made by the CITY or its authorized agent. · · 20. Controls to -Prevent Discrir~.ination: CITY reserves the right to approge-all c~.arges a~d privileges.extended to or ~,.~ithheld from the public in order to insure reasonable charges and prevent possible discrimination or segregation on the basis of race, color, creed, or national origin~ or for any other related reason. 21. Lasement Grants Reserved- CITY reserves the right to grant an~ control ease~.e~'ts in, or ab~-~-the land leased. I-]o such grant or easement will be made that will unreasonablv interfere with the -- Lt;SSf:E's use of the land. 22. Reasonak.'le_O~erations-. This lease is subject to cancellation if the LESS~=, does not maintain reasonable operations or com~P, its discriminatory acts or does not maintain a staff sufficient to rea- sonably execute the purpose for which this lease is granted. · 23. Lease Subordinate to Financin~ Recuirements: LESSEE-agrees that CITY may modify this lease to meet revisee requirements for federal or state grants, or to conform to the requirements of any revenue bond covenant. However, the modification s]~all not act to reduce the rights or privileges granted the LESSEE by this lease or permit nor act to cause the LESSEE financial' loss. 24. R__ight to Remove Improvements: Improvements. owned by a LESSEE on airport lands shali-/~%~{h-in~60'~ays after the expiration termination or cancellation of the lease be removed, provided~ that, in the opinion of the CITY, such removal will not cause injury or dam. age to the lands: and further-provided that the CITY may extend the time for removing such improvements in cases where hardship is proven to its satisfactory; provided further, that application for extension has been made in writing and received within said 60 day period. =E~ may~ ~,~ith the consent of the CITY sell his im- The retiring LES~ ~ provements to a succeeding tenant .... 25. Improvements'Left on Leasehold: If any L~pr. ovements and/or chatt~l~ ~v~Eq an hpprh-i~el]-V~h~-'in exce~s of $10,'000.00 as deter. -. mined by the CITY,-are not removed within the time allot;ed by General Covenant !.Io.24 of this lease, such improvements and/or chattels may, upon due notice to the LLSSEE, be sold at public auction under the direction of the CITY. The proceeds of the sale shall inure to the LESSEE who o~,,ns such improvements and/or chattels after deducting and paying to the CITY all rents or fees sue and owing and expenses -4- .incurred in makingsuch sale. If there are no other bidders at such 'auction~ the CITY is authorize¢l to bid on such iraprovc-ments and/or chattels an ~aount equal to the amount owe¢l, or to become due to the CITY .by the LESS~r_~ or$1.00 whichever amount is greater. The CITY shall acquire all the rights, both legal and equitable, at such a sale. '~- . · 26. Title of I~.mrover,;ents on Leasehold to CITY-. If' any improvements and/or chattels i~aving an appraised value of $1-0,000.00 or less, as determined by the CITY, are not removed within the time allowed by General Covenant :~o.25 of this lease, such improvements and/or chat- tels shall convert to ; and absolute title shall vest in, the CITY. 27.- Right to Adopt Rules .~eserved- :. (a) CITY reserves the right to adopt, amend and enforce rea- sonable rules and reg'u].ations governing the demised pre-- mises and the public areas and facilities used in connec- tion there%,~ith. Except in cases of emergency no rule or . regulation hereafter adopted or a~aended by CITY shall be-- come applicable to L~,~SEE unless it has been given ten days notice of ad. option or amendment thereof. Such rules and regulations shall .be consistent with safety and with the rules, and regulations and. orders of the F. ederal Avia- tion Administration. LF~f-'S~E agrees to observe, obey and abide by all rules and regulations heretofore or hereafter adopted or am. ended by C _, (b) L1]SS!~fl shall observe, o~ey and. comply with any and all ._. 'applicable rules, regulations, laws, ordinances, or orders of any governmental authority,, federal or state, lawfully exercising aut]~ority over the LF. SSEE-or LESSEE'S COI'~DUCT ~ I~ . OF ITS ~USI ESS. (C).CITY shall not l.,.e liable to L:~,.~LE for any diminution or deprivation of possession, or of its rights hereunder, on .account of t}~e exercise of any such right or authority as · in this Section provided, nor shall LESSEE be entitled to terminate the whole or any portion of the leasehold estate herein created.~, by reason of the exercise of such rights .or authority unless the exerci.~'e thereof shall so inter--. fere with LES'SEE'S use --nd occupancy of the leasehold estate as to constitute a termination in ':~hole or in 'part . of this lease by operation of law in accordance with the laws of the State of Alaska. 29. Aircraft Operations Protected..-. .... 'I"f any term', provision, condi- tion or part ~-f--dhis lease is deCiar-ed by a Court of competent juris- diction to be invalid or unconstitutional, the remaining terms, pro- visions: conditions or parts shall continue in full force and effect as though such declaration was not made. '. . .. · 29. Aircraft Operations Protected'- There is hereby reserved 'to the- CITY, its successors and assiens,I for the use and benefit of the pub-~ lic, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein .conveyed, together with the right to cause in said. airspace such noise as may be inherent in the operation of aircraft, now know or hereafter used for navigation of or flig.ht in the air~ using said airspace or landing at, taking off ' from or operating on the _Wenai Airport. 30. Ai__rcr~ft__O ~e~tions_ Pr0t_ectedo The LESSEE by accepting this conveyance expressly agrees for itself, representa, tives~ successors, and assigns that it will not erect nor permit the erection of any structure or object, nor permit the.c~rowth of any trees onthe la~d · conveyed hereunder which would, be an airport obstruction within the standards established un¢:er the Federal Aviation Administration .P, egulations Part 77~ as amended. In the ·event the aforesaid covenant is breacl~ed, tl~e CITY reserves the right to enter on the land con- veyed hereunder and to remove the offending structure or object and to cut t]~e offencing tree, all of which shall be at the expense of the LESSEE or !'.eirs, or successors, or assigns. 31. Aircraft Operaticns Protected- T!,,e LLSS£:F., by accepting this conveyance ex~ressly agrees I!or itself, its representatives, succes- sors, and. assigns that it-%.:il! not make use of the said prop. erty in any manner which might interfere :..,ith the landing and taking off of aircraft frcm said i~enai Airport or otherwise creating an airport hazard. In the event the aforesaid covenant is breache¢! theCITY reserves the right to enter on the land. conveyed hereunder amc',, cause the abatement of such interference at the expense of tl:e LESSEE. 32. Le_a_se O_~fe~ Incorgorated. The LESSEE, by accepting this con- veyance expressly agrees to all the terms and concessions of the offer for lease dated XXXXXXXXXXXXXXXXXXXXXXXXXXXX , under which this lan'd was ~,.ade available for lease. · 33. Right to Fnj. o~.-n, ent and Peaceabl~ _P.ossession: CITY hereby a- grees and covenants tl~at the ~;~.,:~, upon paying rent and performing otl]er covenants~ terms and conditions of this lease shall have the right to quietly and peacefully hold, use, occupy and enjoy the said. leased premises. ' ~ 34. LESSEE to Pay Taxes- L-E. SSEF. shall pay all lawful taxes and assessn~ents which, during the term hereof, may :.-ecome a lien upon or'which may be levie~, by the state, borough, city or any other tax levying body, upon any taxable interest of LESSEE acquired in this lease or anv~ t~able possessery right which ~.~.~?~,r.-,~. may have in or tO the premises or facilities hereby leased or the improvements thereon, by reason of its use or occupancy provided, however, that nothing herein containe¢~ shall prevent LESSEE from contesting the legality, validity~ or application of any such' tax or assessment. · 35. Special Services- LESSEI.~ agrees to pay LESSOR a reasonable ' .charge for any special services or facilities, requ .... .~ by LESSEE in writing which services or facilities are not provided for herein. .. .. 36'. Utilities Char~es~ LESSEE agrees to furnish 'and pay for all · ' water~-h~-~, gas~ electric, or any other services or utilities used on the premises (and not contemplated by this. lease). 37. No Partnership or Joint Venture Created: It is expressly under- stood th-----at the-'~-ITY shall not be construed or held to be a partner or joint venturer of LESSEE in the cond. uct of business on the de-- raised premises; and it is expressly understood and agreed that the relationship between the parties hereto.is, and sP"l at' all time-J -remain, that of landlord and tenant. .. .. · 38. Default Dankrumtcv, etc.- If the LESSEE shall make any assign- ment fo---~the benefit of cred'i'tors .or shall be adjuged a bankrupt. if a receiver is appointed for the LE?,SE~'. ~, or LESSEE'S assets, or any interest under this lease, and if the appointment of the rece-i';-- is not vacated within five (5) days, or 'if a vou!ntary petition is filed under Section 77E of the Bankruptcy Act .against the LESSEE, and if said petition is approved by the Court in which filed., then and in any event, the CITY may, upon giving the LESSEE ten (10) days notice, terminate this lease.' 39. Forebearance V.:ot ~i'aiver of City's Ri~-hts: The acceptance of charg~-s-an~ fees by' 't~e c"i~Y for any period or De.riods after default 'of the terms,, cov.enants, and conditions herein to be performed by the leasee shall not be deemed a %.~aiver of any rights on. the part of · the CITY to term.~inate tl~is agreer~ent for failure by the Lr':t/oEE to perform, keep or o~serve any of the terms or covenants or conditions hereof. · . · . ~ .. . · IN WITNESS WHEREOF, the parties have set their.hands the day and year stated in the individual acknowledgments below' : CITY OF KENAI- · .' STATE OF ALASIC;k BY' THIRD JUDICIAL DISTRICT' On th is day of appeared---- . ...... , 19 , before me person.ally. · , _, known-----~o be the person who executed thd' above-LE'ASE, and'--acknowle-dged that he (they) had the authority to sign for the purposes stated therein. Notary Public ~n and for Alaska Commission Expires LESSEE STATE OF ALASKA - ' . ~ · THIRD JUDICIAL DISTRICT · On this day of 19 , before me per'sonally appeared ....... ' · kno--~ to be the person who executed {he above ~LE~SE, 'and. acKnowle{}ged that he (they) had the 'authority to sign the same for the purposes stated therein. · . · Notary Public i'n ~nd .for Alaska'-- Cmamission Expires Initial lease .approved by City Council 19 . CITY "'CLERK · ^ssignment approved by, Kenai Planning commission · 19 . .. .. ASsignment approved by' City Councii on day' 'of' · · · CITY CLERK day of_ , , 19 . (Lease revised 10/69 - page revised 2/72) WINCE · CORTHELL & ASSOCIATES CON SULTING ENGINEERS ;!74-]843 P.O. Box 3-394 ---' ANCHORAG£o AL..ASKA - 99501 September 25, Our Job #7 1972 City of Kenai P. O. Box 580 Kena i, Alaska 99611 Project' Kenai Munic ipa 1 Airpor t, ADAP 8-02-0142-01 Phase II- T/W, Ramp, Service Road Con tra c t AP- 72 - 1 Dear Sirs · Please consider this .invoice in the amount of $10,487.55 for resident project services performed during the month of August 1972. Summary 0 f S.e.,ry_ice? ENGINEERING Principal of firm Res ident Engineer Office Assistant (Wince) 23 hrs. @ 25.00 $ 575.00 ('Bryson) 210.5 hrs. @ 22.50 4,736.25 (Pyles) 31 hrs. @ 15.00 465.00 CONSTRUCTION SURVEYS 3-man par ty 2-man party 108 hrs. @ 41.00 4,428.00 6 hrs. @ 30.00 .180.00 RE IMBURSABLE EXPENSES Survey stakes, at cost ..... . !o.3. Total this Invoice $10,487.55 I certify that. the above charges are therefor has not been received. Very truly yours, WINCE - CORTHELL & Assoc. o Frank W. Wince, P.E. FWW/swc. FRANK W. WINCE:, P.E. true and correct and that pa Al. AN N. CORTHI:LL. P.E. WINCE * CORTHELL & ASSOCIATES CON SULTING ENGINEERS 274-1843 P.0. Box 3-394 -- ANCHORAGE, ALASKA - 99501 September 25, '1972 Our Job ~f9 City of Kenai P. O. Box 580 Kenai, Alaska 99611 Project' Additions to Sewer WPC-Alaska-35 Intercepters Dear Sirs' Please consider this invoice in the amount of $4923.25 for resident project services performed 'during the month of August 1972. Summary .... 0.f .Serv ices ENGINEER ING Resident Engineer (Kjelstad) Resident Inspector (Freas) Office Assistant (Pyles) 26.5 hrs. @ 22.50 166 hrs. @ 20.00 10.5 hrs. @ .15.'00 $ 596.25 3320.00 157.50 CONSTRUCTION SURVEYS 3-man party 13 hrs. @ 41.00 533.00 2-man party 10 hrs. @ 30.00 300.00 1-man 1 hr. @ 16.50 16.50 Total this Invoice $4923.25 I certify that the above 'charges are true and correct and that payment therefor has not been received. Very truly yours, WINCE - CORTHELL & As soc. Frank W. Wince, P.E. . FWW/swc FJU~NK W. WINCI:, l~.l~. ~ N. CORTHI:LL. P.E. WINCE · CORTHELL & ASSOCIATES CON'SULTING ENGINEERS 274-]843 · P.0. Box 3-394 --- ANCHORAGE, ALASKA - 99501 September 25, 1972 Out Job #3 City of Kenai P. O. Box 580 Kena i, Alaska 99611 Project · Kena± Sewage Treatment Plant, WPC-Alaska- 33 Dear Sirs · "Please consider this invoice in the amount of $1878.75 for resident project services performed during the month of August 1972. Summary of Servi:ces ENTINEER ING Principal of firm Principal of firm Res ident Engineer (Corthell) 7.5 hrs. @ 25.00 $ 187.50 (Wince) 4 hrs. @ 25.00 100.00 (Kjelstad) 64.5 hrs. @ 22.50 1451.25 Principal of Associate Firm Engineer of Associate Firm 2 hrs. @ 25.00 50.00 4 hrs. @ 22.50 90.00 Total , I certify that the above charges are therefor has not been received. this Invoice $1878.75 true and correct and that payment Very truly yours, WINCE - CORTHELL & Assoc. Frank W. Wince, P.E. FWW/swc. FRANK W. WINCE:, P.E. A~,N N. CORTHI:LL.. P.E.