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1976-03-17 Council Packet
Kenai City Council Meeting Packet March 17, 1976 AMBARIAN i ACHERLY HUDSON SWEET .MORGAN WHELAN I ELSON I' COUNCIL MEETIN F MARCH 17. 1976 VA 41 ? a COUNCIL MEETING OF ( -7, 1'17b b ir mm��e�imi+�oi a COUNCIL MEETING OF ( -7, 1'17b b ir "i III III VIII' III III I Illi) lrlu.i iu AGENDA REGULAR MEETING - KENAI CITY COUNCIL MARCH 17. 1976 - 8:00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A . ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 290-76 - Adopting 1976 Kenai Municipal Airport Regulations 2. Lease of City Owned lends - Peninsula Oilers 3. Renewal of Beverage Dispensary License for the Pre -Flight Room 4. Renewal of Beverage Dispensary License for the Rig Bar 5. Renewal of Beverage Dispensary License for Kenat Joe's ADJOURNMENT - BOARD OF ADJUSTMENT - GRAVEL PIT USE PEOUT C. PERSONS PRESENT SCHEDULED TO BE HEARD I Mr. Don Tewksbury - Harbor Commission 2. Ms. Joyce Nelson - Cook Inlet Council on Alcoholism D. MINUTES 1. Minutes of the Regular Meeting of March 3. 1976 S. CORRESPONDENCE F. OLD BUSINESS 1. Fire Department Mutual Aid Agreement - Kenai/North Kenai/Soldotna i 2. Warm Storage Facility 3. 4. 5. G. NEW BUSINESS 1. Bills to be paid - billd to be ratified • 2. Ordinance No. 291-76 - Amending 1975-76 General Fund a nebt Service Fund 3. Ordinance No. 292-76 - Increasing 1975-76 Fiscal Rudget 4. Resolution No. 76-14 - Adjustment of Appropriations of Revenues—/001,t.ar, 5. Council consl4errtton - waiver of penalty to Sea-Land S. City sponsorship of Youth Recreation Might 7. Special Use Permit - Kenai Air Service S. Lease of Airport Lands - U. S. Dept. of Interior (Fish a Wildlife) Peat. Marwick. Mitchell a Co. - Proposal Council consideration - Donnybrook S/D � Partial Payment Estimate iia - Kenai Community Library Contractor R. REPORTS 1. City Managees Report 2. City Attorney's Report S. Mayor's Report 4. City Cleat's Report S. Finance Director's Report S. Planning a Zoning Commission's Report T. Kasai Peninsula Borough Assembly's Report 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. 2. f �•r�: '� _ -� � ..-c-,.:r_N. __ - - ..r.._ i i �.- . ..... ._ ".«'_-".�+'.�n;�--•I I ..� i ill I lupi" ' __ - _" _ -_. _...,_..:..:.r..+.� �I- I III I II I" I.1 iluY.• United States Department of the Interior MINING ENFORCEMENT AND SAFETY ADMINISTRATION i 7009 FEDERAL OFFICE BUILDING SEATTLE. WASHINGTON 98104 - Subdistrict Office 7009 Federal Office Building Seattle, Washington 98104 October 16, 1973 Chester Come, Owner Better Concrete Company Box 759 Kenai, Alaska 99611 Subject: Health and Safety Spot Inspection Better Concrete Pit and Plant Better Concrete Company •- • Remi, Alaska September 22, 1973 By M. R. Castellan I Dear W. Cone: } i The enclosed report covers a Federal spot inspection of the above-named i 1 mine made pursuant to Section 4 of the Federal Metal and Nonmetallic Mine Safety Act 80 Stat. 772). Sincerely yours, S. U. Russekl ubdistrict Manager Enclosures: 2 cc: State Department of Labor and Occupational Safety, Anchorage, Alaska (report may) State of Alaska Field Operations Center, Juneau, Alaska (report only) --w;r :... _ _ Chester H. Cone Appellant Ct r ones A. Elson Mayoryor of off the City of Kenai as Chairman of the Board of Adjustment of the City of Kenai BOARD OF ADJUSTMENT CITY OF KENAI KENAI PENINSULA BOROUGH APPEAL NO. 75-1 In re the Matter of Chester H. Cone. Apeal from denial of Conditional Use STIPULATION Permit by the Kenai Advisory Planning Commission Chester N. Cone, Appellant It Is hereby stipulated and agreed by appellant. Chester H. Cone. that an extension of timefor the rendering of decision on his appeal under # 20.30.230 (2) of the Kenai Peninsula Borough Code of Ordinances be granted to the Board of Adjustment. The appellant and the Board of Adjustment understand and agree that the for rendering decision shall be extended until such time as regulations regarding the use of gravel pits In Rural Residential areas are formulated and are put into effect In accordance with applicable law or fail to pass when brought before the appropriate government body. Chester H. Cone Appellant Ct r ones A. Elson Mayoryor of off the City of Kenai as Chairman of the Board of Adjustment of the City of Kenai MBIORANDUM TO: Honorable Mayor a City Council FROM; - Sue C. Peter, City Clerk DATE: 1V'arch 16, 1976 gpBJECT: ADDITIONS TO THE AGENDA Please add the following items to your agenda for the meeting of March 17th. B-5: Renewal of Beverage Dispensary License for Kenai Joe's 4 C-2: Me. Joyce Nelson - Cook Inlet Council on Alcoholism t1-10: Council consideration for development of Donnybrook SID _ G-11: Partial Payment Estimate #3 - Kenai Community Library Contractor c Thank you. x f Y F t ; -No - AGENDA RECULOtR 592TING - KENAI CITY COUNCIL x"CH 17, 1976 - 8, 00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. =Z CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 290-70 - Adapting WO Kenai llunkipal Airport Regulations 2. Loan of City Owned Lands - Peninsula Oilers S, Renewal of Beverage Dispensary License for the Pre -Flight Rom 4. Renewal of Beverage Dispensary License for the Rig sm ADJOURNSMIT - BOARD OF AMUSTSENT - GRAVEL PIT USE PER/QP C PERSONS PRESENT SCREDUM TO BE HEARD I Mr. Don Tewksbury - Harbor Commission 2. D. MINUTES I. XkW@ffd the Regular Meeting of Starch s.1976 F. OLD WOMBS 1. Fire Deputmad Mutual Aid Agreement - Kend/North KanaMSoldolne 2. Warm Storage Facility S. 4. So G. NEW BUSMSS 1. Bills to be paid - bills to be rsdfW -2. 074hume No. 291-70 - Amending 1975-78 General Pund 6 debt Service Fund s. Ordinance No. 292-76 - Increasing I975-76 Fiscal Rudget 4. Resdutlan No. 76-14 - Adjustment of Appropriations of Revenues 5. Council coma m"lon - waiver of Penalty to Sea-fAmd S. CffY spollaorshfp of Youth Recreation ?:4ft 7. OPWW Use Permit - Rand Air Service S. Lem of Ali" Lands - U. S. Dept. of Interior Wish a Wildlife) 9. Pon, Slawick, Plitchall a Co. - Proposal 10. a. REPORTS 1. City Manager's Rd" 2. City Attorney's 24" S. Usycrox Re" 4. City CIe*0* Repon 4 6. Finance Director's Report S. Planning a Zoning Commission's Re" 7. 9=d Peninsula Swough Assembly's Re" 1. PERSONS PRESENT NOT SCHEDULED To BE HEARD 1. 2. J N M . % --- -,Q AMENOMSTS TO OROINPUCE No. 290-75 The following are amendments to the Airrort Rejulations, adopted under Ordinance No. 290-76- 6.030 All airrr=f t oarers pav-king transient aircraft in an area designated by the Airport Marager shalt register their aircraft with t1te Airport Mancger. 5.060 Patos for tie-dnwr.s of aircraft ever 4,000 pounds shall be determined by the Airport Mariner. Pates will be determined by certified gross take -off weights and charmed .005 cents per pound. 6.010 New aircraft arrivals intending residency at the Kenai Municip+l Airport shall register their aircraft in a commercial nuking area not more than five (5) days after their arrival at the airport. 6.020 Transient aircraft owrers failino to reo4ster their - - - - - ----_l- - --- A aircraft with the Pirport Minna^r within the five (5) day period as set out in 6.010" sFiall be charged- harged-with withi-nproper parking of the aircraft and spbject to j 1 impoundment of the aircraft. .. 8.071 Taxiing shall be done straight down the runway after touchdown and aircraft shall turn onto the first exit taxiway nr as directed by the FAA Control Tower. • r; i 10.110 The word quarterly shall hi stricken from the .I paragraph whic', deals with fuel taxes. s... 11.090 The beginning words "No tenantlessee" in thio Mor M paragraph shall be charged to All tenants or lessees". 12.050 Military and rovernment aircraft using the Airport '. - shall be eyr,nt from land;ng and transient parking fees. These exemptions shalt not apply to commercial '.., aircraft operations leased to Governmental agencies. - - - - - ----_l- - --- A - � CITY OF KENAI ORDINANCE NO. 290-76 1 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE 1976 KENAI MUNICIPAL AIRPORT REGULATIONS WHEREAS, these regulations will serve as the regulator power for the Airport Manager or his designated representative, and WHEREAS, prior regulations were adopted by the Airport Advisory Commission and have since become outdated, and ne WHEREAS, these regulations, as amended, are a necessary tool in the proper management of the Kenai Municipal Airport. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai. Alaska, that the 1976 Kenai Municipal Airport Regulations are hereby adopted as the regulatory authority in the management of the Kenai Municipal Airport. Dated this day of 11976. f ATTEST: i Sue C. Peter, City Clerk CITY OF KENAI, ALASKA JAMES A. ELSON, MAYOR FIRST READING: 2 fzai a cr, / q & SECOND READING: EFFBCTIVE DATE: i J KENAI PENINSULA OILERS BASEBALL CLUB INC. P.O. BOX 1031 -_. KEMI. ALASKA 99611 To The City Council of Kenai For Meeting March 17. 1976 We respectfully present for your consideration a proposal for the lease by the Peninsula Oilers of ten acres of City land out of a total of forty acres presently designated for recreation purposes in the area of the Kenai Junior High School. The description of our proposal is as follows: I. Description of Peninsula Oilers II. Facility A. Schematic drawing B. Construction phasing III. Usage and Maintenance N. Terms and Conditions of lease A. -Length B. Five year review C. Assessments D. Amounts due under lease E. Annual projection of in-kind effort for facilities on other thirty acres V. Summary I. Description- The Peninsula Oilers is a non-profit corporation dedicated to the promotion and encouragement of amatuer baseball for the benefit of the participants, spectators -and for the general recreation of the community. All surplus funds above expenses must be used for baseball or related rec- reation purposes. The Directors are of the local community, the General Manager is the only person who receives a fee for services on an annual basis. II. Facility- It is the intention of the Oilers to construct a spectator facility, concession stand, press box, team field facilities and enclosed playing field. Allpermenant facilities will not be constructed without the prior approval of the City. A. A Schematic Drawing will be presented at the council meeting and is a part of the presentation. B. The Construction Phasing will be as stated in the lease con- tract. It is the general intention of the Oilers to proceed with clearing and construction as rapidly as reasonably pos- sible. Construction phasing of -facilities on the thirty acre piece, will proceed in co-operation with the City planning and also as rapidly as reasonably possible. -M # Page 2 III. Usage and Maintenance- The Oilers will have full use of the land and facilities of the ten acre parcel. The Oilers will be responsible for maintenance of such land and facilities. The Oilers will provide evidence of appropriate amounts and type of liability insurance. IV, Terms and Conditimns- A. The lease will be for a period of fifty-five years. B. The lease will be subject to review and renegotiation by both parties at the end of each five years. In the event of deadlock an independent mediator satis- factory to both parties will mediate. C. The Oilers will be responsible for payment of water and sewer assessments an the land, total principal ------- amount of $2,855.00. D. The Oilers will make an annual payment of $1,200.00 for the lease of said land. Onehalf,($600.00), will be in the form of a cash consideration. Onehalf will be In the form of a dded value to tte thirty acres. The added value will be cash, materials at market, SI contributed labor or contributed materials for such other in-kind contribution that would meet Federal or State criteria for in-kind contributions. V. Suemarit- It to the sincere wish of the Peninsula Oilers fora prompt and favorable approval and execution of the proposed lease. It to the Intention of the Oilers to act to the joint benefit of the City and first grade amatuer baseball. Submitted on behalf of and with concurrence of the Directors of the Ij Peninsula Oilers Baseball Club Inc. Vincent O'Reilly, President Da ted I 41 The Board of Directors of the Kenai Chamber of Commerce met in special session on March 12, 1916, and by unanimous vote of quorum present did approve the following resolution and requested submittal to the Mayor and Councilmen at the next City Council Meeting: Whereas: the Kenai Peninsula Oilers Baseball Team cannot continue to use the present baseball field because of Federal Regulations and must obtain the usage of a different location; Whereas: the baseball activity has proven to be of value both In recreation and economic terms to the City and its residents; Whereas: the Oilers are proposing to the City the use of a site within the City owned and controlled by the City; Further: the Chamber of Commerce has been informed of the Interest and intent of the Oilers to work cooperatively with the City in furthering youth recreational activities and, Further: in support of a prior resolution by the same body dated March 7, 1975, urging the City of Kenai to aid in locating an appropriate ball park site; Therefore: be it resolved the Kenai Chamber of Commerce supports the activities of the Kenai Peninsula Oilers Baseball Club and supports their petition to the City for an appropriate lease of City property for Oiler baseball activities and the Kenai Chamber of Commerce petitions for favorable action by the City by grant— ing such lease. This resolution approved in lawful meeting assembled. i -I PRESIDENT " Dated: March 17, 1976 t - _ L1iAftF, rile k CITY LAN1t4 OR FACTLf MS s THIS AGRIWWNT. entered into this day of to ; by *rd %atwoe" the CF.rY ^k' RPFnl. a home -rule municipal corporation — of Alaska. hereinafter colied -City", and WNAI Pr.KIMSULA OTURS RARFRALL CLUB. INC., an Alaskan non-profit orvaniaation hereinafter called "Lasses". 1 That the 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 Lessee the following described property in the Renal Recording District. State of Alaskat to wit: Northwest one-quarter (NW 1/4) of Government Lot 4. - Section 3. Township S Korth. Range n west, Seward Meridian i Term: The terra of this Lease is for 55 years'. 3 months j commencing on the lat day of April , 1978 . to the 30th day of - - - - " lit at the mutual retstal of ! 1 200 00 June 203 Fapmeftt; Subject to the terms of General r-ovenant No. 10 of Ma Lease, the rental specified herein shall be payable r hatf to cash and half in --kind as follows: (a) Rix.►ht of entry and . is authorized as of the 1st day of April , 19 76. and the first rent shall be �mp„tsh it firom such =June 30. 19 3� , at the rate of ! 100.00 Wf6r equals now due« which consists of 11150 cash pad 75= -Ind - 4oalvibutiac. City waives payment of the $150.tn-kind payment, Cash paymenfor the fiscal year beginning duly 1 and ending June 30 *hall be payable in advance. on or before the first day of July of each pear. , (o) Rental for any period which is less than one (1) year shall be prorated, based on the rate of the last full year. . (d) The rent specified herein Is calculated as N/ a footer year. Cr ! M/ A sq pe q at ! See to) ana (e) attached In addition to the rent: specified above, subject to fleneral Covenant No. 10, the Lesser agrees to pay to the City fees as hereinafter provided: t (a) Assessments for public improvements benefiting property in the aatouat of ! 2,835.25 payAble as aet out In Schedule A attached. (b) Applicable taxes to lasseirold tuterest or outer aspects. (e) Sales Tax now eafe+reed or levied in the future. (d) interest at the rate of eight percent M) per annum on any amount of money owed under this Lease which is not paid on or before the date it becomes due. (i) Additional charges as set forth in Schedule A. attached. PAP One. LEASH t Complete Revision 5/2/75 4. J (d) The in-kind payment shalt be equal to half the annual rental value. Such contribution shall consist of labor done on or materials furnished for the improvement or enhancement of that portion of Govern- ment Lot 4 remaining in the name of City or under its control. City shall tet out guidelines each season as to the improvements it would like to see made on the property. Such guidelines shall be furnished e prior to May I of each year. By June I of each year lessee rnish to City a plan as to how it intends to make its in-kind City hall approve such plan if it reasonably meets City's E if the cost of such plan is likely to be at least the in-kind payment due. Lessee shall present to City an accounting of its in-kind payment by November of each year. Costs presented shall be based on the price of comparable goods and services = in the community. City shall approve an amount and such amount shall = _ y be applied as the in-kind payment for the current fiscal year. If the approved amount is more than the in-kind payment due for that year, the excess shall be applied to future years. If the approved amount 1 is less than the in-kind payment for the current fiscal year, Lessee �., shall pay difference to City in cash. • (e) Oilers, at their option, may elect to substitute cash i •• i.. .. for all or any part of the in-kind payment. ® .I I, S I , I ' - � 1 I Il ,j Y - I _ -- -- _ - - -- - — - - - - - - -- _ - - - - - - — i SCHEDULE A Assessments. •Assessments for public improvements benefiting the property in the amount of $2,855.25 are presently owing. Oilers may pay entire amount owing upon execution of the lease or, at its option, may pay over a seven-year period ending April 1, 1983 under the terms hereinafter specified: (a) Oilers shall make an installment payment of $548.41 on or before April 1 of each of 1977, 1978, 1979, 1980, 1981, 1982 and 1983. (b) If annual installments are not paid on or before the dates due, Oilers shall pay a one-time penalty charge of ten percent (IOS) on each annual installment or portion thereof which is past due. (c) Oilers shall pay an additional eight percent (8x) per annum delinquent interest charge on the principal portion of each annual installment or any part thereof which is past due. (d) Oilers may pay off any amount of the assessment at any time with interest only to the date of payment and without additional penalty for early pay-off subject to (a) to (c) above. I i • 1 1 1 { ` The purpose for which this Lease is issued is: ` PROMOTION AND OPFRATTON OF AwATFUR RARPRALL ACT11M. IFS J GF•NF.RAL COMANTS ' 1. Uses: Except as provided herein. any regular use of lands or facilities without the written consent of the ritv is prohibit d. This prohibition shall not apply to use of areae designated by the City for specified Public uses. such as passenger terminals. automobile parking areas and streets. 2. Uses Not Contemplated Prohibited: Solicitation of donations or the promotion or nperation of any part or kind of business or commercial enterprise. other than as specifically set forth herein. upon. in or above - airport lands. without the written consent of the City Is prohibited. . 3. Tmponnding of Progeny: Any or all personal or real property pieced 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/or 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 aircraft in excess of 0.000 pounds gross weight. or in the case of sny other kind of -' property. an amount not to exceed $5.00 per day. or in accordance with such higher fees as maybe incorporated into regulations of City's Airport. � 4. Commitment for Rent and *Ton-Assignment: Lessee agrees to pay the annual rental and tees specified and not to assign this Lease or any part. nor let. nor sublet. either by grant or implication. the whole or any part of the premises without written consent of the City. which consent - shall be obtained pursuant to the following procedure I _ (a) Submittal to. and approval at. proposed lease tranefer by the Kenai Planning Commission. - (b) After approval by the *renal Planning Commission. final approval of transfer by the City Connell. My assignment in violation of this provision shaU be void. and shall be grounds for cancellation of this Lease by the City. S. Treatment of Demise: The Lessee agrees to keep the promises clean and in good order at its own expense. suffering no strip or waste thereof. nor removing any material therdrom. without written permission of the City. At the expiration of the term fixed. or any sooner t1 = determination of the Lease. the lessee will peaceably and Quietly quit and . surrender the premises to the City. - e. - •' - - 6. Paptnent of Rent: • Checks, hank drafts or pnstal money orders ' shall be made payable to the City of Kenai, and delivered to the City Administration Building. Kraal. Alaska. 7. Contraction Approval and Rtandards: Rutldtng construction 1 . t shall be neat and presentable and compatible with its use and surroundinRe = Prior to placing of fill material and/or construction of buildings on a leased j -^ area. the *.essee shall submit a plan of nnoposed development of property to 1 -,- - the City Planning Commission which shall be approved in writing for all ---_` = permanent improvements. Page Two. LEASE 1 i 1 t i t � 1 14• t i S. Lease Renewal Request procedure Lessee shall within thirty ; (30) days before the expiration. make application in writing for a renewal. i - certifying under oath as to the character and value of alt improvements axliting on the land. facilities. properties. or interest the.eir,. the ourpose for which such renewal is desired, and such other information as the City may require. The Lessee shall deposit with such apolfcation. the stun r� equivalent to one hundred percent (1001) of the prevailing annual rental or 1 fees stili 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: i (a) The request for renewal has beat granted. (b) The request for renewal has been rejected. stating the reasons for such rejection. (c) The City has determined it to be in the best public interest, i r or is required by Law or regulation. to offer the Lease at a public suction. - _- (d) That equitable considerations require a revision of the Lease pricy to granting a renewal. 9. Bight of 1 ptry. Should default be made in the payment of MY portion of the rent or fees when due. or in any of the covenants or conditions contained in the Lease. the City may re -eater and take possession ' at the premises. remove all persons therefrom. and upon written notice. terminate the Lease. _ i Rent Pecalatfon: In the event this Lesse Is for a term in ../10. J rzeess of five (S) years. the amount of rents or fees specified herein shall. at { the option of either party. be subject to renegotiation for increase or decrease � at intervals of five (S) years from the 1st day of July preceding the - effective date of this Lesse. The amount of such rents or tees as renegotiated shall reflect the then prevailing fair market value of the leasehold. No increase or decrease In the amount of reals or fees shall be effective. ereept i upon ninety (90) days written notice. The proportion of cash to in-kind Payment shall be subject to renegotiation herein. i • In the event the parties are unable to agree upon the amount of such increase or decrease. such amount shall be determined by three (3) i disinterested persons. one thereof to be appointed by the City Council: one to be appointed by Lessee, its successors or assigns: and the third to be chosen by the two (2) persons appointed as aforesaid. The written . determination of such three (3) persons *ball be final and conclusive. Neither party shall commence legal action without complying with this provision. 11. Building placement Restrictions: No building or other permanent structure shall be placed within ten (20) feet of the boundary litre • of any lot held by a Lessee: provided. however. that where two (2) or more lots held by the Lessee are eontinguous. the restriction in this condition may . be waived by written authorization of the City. 12. protection of Aircraft: uo building or other permanent - - structure shall be placed within fifty (50) feet of the vroperty tine froatinsf a landing st: ip, taxiway or apron without the written approval of the City. This ---' area shall be used for parking aircraft only. - -- 13. Notices: All writtfo notices required bythis f ease or pn mit be by delivered to the shall sent registered or certified mail or personalty Page Three. LEASE � _.. - . -- �-.-_: �....__--=`r ii - -� ii Fid'-�_ - - �... .._= _.. . ..� _ _ .�-- .�,_ _.... ...� • .:# I���- .,.. lid I I„T - -- — • 1 ' left address of record in the Was of the City. 14 Of— to Lease Ace tan— Th off to 1 is ro e er ease made subject to applicable laws and regulations of City, and may be withdrawn without notice at any time after thirty (30) days from submission thereof, unless within such thirty (30) days the Lessee executes and returns the Lease to the City. 15. Underlying Title: The interests tsanstarred. or conveyed by this Lease are subject to any and all of the covenants. terms or conditions contained in the instruments conveying title or other interests to the City. 16. Right of Tnspection: city shell have the right, at all reasonable times. to enter the premises. or any part thereof, for the purposes of inspection. 17. Insurance: Leasee covenants to save the City harmless from all actions, softs, liabilities or damages resulting from or arising out of arty soft of commission or omission by the Lessee, his agents. employees. customers, invitees. or arising from or out of the Lessee's occupation. or use of the premises demised. or privileges granted. and to pay all costs connected therewith. in this connection. the Lessee agrees to arrange end pay for all the following: (a) Public liability insurance protecting both the City and/or its agents and the Lessee, such insurance to be evidenced by a certificate showing the insurance in force. The amount of such public liability insurance shall have limits not less than those known as f100.0000300.000/A50,OLU (b) Lessee agrees to carry employer's liability insurance and Workmen's Compensation insurance, and to furnish a certificate thereof to the City. (c) Insurance contracts providing liability instance and Workmen's Compensation shall provide for not less than thirty (30) days t written notice to the City of cancellation or expiration or substantial ehango in policy Conditions and coverage. (d) Lessee agrees that waiver of subrogation against the city $hall be requested of Lessee's insuror, and shall be provided at no cost to the City. (e) Cross Lfabitity: Tt is understood and agreed that the insurance afforded by this policy or policies for more than one named insured. shall not operate to increase the limits of the company's liability, but otherwise shall not operate to limit or void the coverage of any one named insured as respects claims against the same named insured or employees of such other mined insured. I 18. Accounting Oblipatton: Lessee agrees to furnish the City an annual sworn statement of gross business receipts and/or an annual sworn statement of the number of gallons of fuel and oil sold and/or any certificate or statement to substantiate the computation of rents or fees. including reports f to other governmental agencies. I 16. Collection of Unvold Manias: Any or Al rents. charges, fees or other consideration which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a Charge against the Lessee and Lessee's property, real or personal. and the City shall have such lien rights as are allowed by Law. and enforcement by distraint Page Four. LRARR 1 � _ y< I ro e er ease made subject to applicable laws and regulations of City, and may be withdrawn without notice at any time after thirty (30) days from submission thereof, unless within such thirty (30) days the Lessee executes and returns the Lease to the City. 15. Underlying Title: The interests tsanstarred. or conveyed by this Lease are subject to any and all of the covenants. terms or conditions contained in the instruments conveying title or other interests to the City. 16. Right of Tnspection: city shell have the right, at all reasonable times. to enter the premises. or any part thereof, for the purposes of inspection. 17. Insurance: Leasee covenants to save the City harmless from all actions, softs, liabilities or damages resulting from or arising out of arty soft of commission or omission by the Lessee, his agents. employees. customers, invitees. or arising from or out of the Lessee's occupation. or use of the premises demised. or privileges granted. and to pay all costs connected therewith. in this connection. the Lessee agrees to arrange end pay for all the following: (a) Public liability insurance protecting both the City and/or its agents and the Lessee, such insurance to be evidenced by a certificate showing the insurance in force. The amount of such public liability insurance shall have limits not less than those known as f100.0000300.000/A50,OLU (b) Lessee agrees to carry employer's liability insurance and Workmen's Compensation insurance, and to furnish a certificate thereof to the City. (c) Insurance contracts providing liability instance and Workmen's Compensation shall provide for not less than thirty (30) days t written notice to the City of cancellation or expiration or substantial ehango in policy Conditions and coverage. (d) Lessee agrees that waiver of subrogation against the city $hall be requested of Lessee's insuror, and shall be provided at no cost to the City. (e) Cross Lfabitity: Tt is understood and agreed that the insurance afforded by this policy or policies for more than one named insured. shall not operate to increase the limits of the company's liability, but otherwise shall not operate to limit or void the coverage of any one named insured as respects claims against the same named insured or employees of such other mined insured. I 18. Accounting Oblipatton: Lessee agrees to furnish the City an annual sworn statement of gross business receipts and/or an annual sworn statement of the number of gallons of fuel and oil sold and/or any certificate or statement to substantiate the computation of rents or fees. including reports f to other governmental agencies. I 16. Collection of Unvold Manias: Any or Al rents. charges, fees or other consideration which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a Charge against the Lessee and Lessee's property, real or personal. and the City shall have such lien rights as are allowed by Law. and enforcement by distraint Page Four. LRARR '�'�� - -__ __.. ._ IN _III .+I III II II I•I +IIM .� � �IIII�L. .i_. -.�. -_.. T-�-.«a; _..a4-M: _ i w. � _.. ...�:� ___-_ _ '__ __ __- _____ I 1 any be made by the City or its authorized agent. 20. Easement (irmKs Re served: City reserves the right to grant - __--- WId -1-m"tr1 esxn«rtr in, ••r eba:•e the lnr.d lcascd. Vo such KgR"an IIP easement will be made that will unreasonably interfere with the lessee's use of the land. - 21. Lease Subordinate to Financing Requirements: Lessee agrees that City may modify this Lease to meet rrvised requirements for Federal or l State grants. or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the Lessee by this Lesse. nor act to cause the Lessee financial loss. 22. Right to Remove Improvements: improvements owned by a Lessee on airport lands shall. within sixty (60) days 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 damage 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 satisfaction; - provided further, that application for extension has been made in writing and _ J received within said sixty (00) day period. The retiring Lessee may. with the consent of the City. sell his improvements to a succeeding tenant. 3 23. Improvements Lett on Leasehold: If any improvements and/or chattels having an appraised value in excess of !10.000 as determined by the City. are not removed within the time allowed by General Covenant vo. 22 of • this Lease. such improvements and/or chattels may. upon due notice to the Lessee, be sold at public suction under the direction of the pity. The proceeds of the sale shall enure to the Lessee who owns such improvements and/or chattels. after deducting and paying to the City all rents or fees due J and owing, and expenses incurred in making such sale. if there are no other bidders at such suction; the City is authorised to bid on such improvements and/or chattels an amount equal to the amount oared. or to become due to the - � City by the Lessee. or $1.00. whichever amount is greater. The City shall sequin all rights to such property. both legal and eugitable. at such a sale. 24. Title of hnvrovements on Leasehold to City: If any i j improvements and/or chattels having an appraised value of $10.000 or less, as determined by the City. are not removed within the time allowed by General Covenant No. 22 of this Lease. such improvements and/or chattels shall enure i . to, and absolute title shall vest in. the City. 25. Right to Adont Rules Reserved: +- G. (a) City reserves the right to adopt. amend and enforce ' reasonable rules and regulations governing the demiso±d premises and the public areas and facilities used in connection therewith. except in cases of " emergency. no rule or regulation hereafter adopted or-amended by City . shall become applicable to lessee unless it has been given ten (10) days { •• U notice of adoption or amendment thereof. Such rules and regulations shall be consistent with safety and with the rules and regulations and order of the Federal Aviation Administration. Lessee agrees to observe, obey and l 1 abide by all rules and regulations heretofore or hereafter adopted or r amended by City. (b) Lessee shall observe. obey and comply with any and all ^— applicable rules. regulations. laws, ordinances, or orders of any governmental authority. •ederal or state, lawfully exercishig.authority over the Lessee or _- Lasso's conduct of its business. - Page Five. LEASE I I. f i 1: . I (c) City shell not be liable to Lessee for any diminution o: deprivation of possession, or of its rights hereunder, on account of thr exercise of any such right or authority as in this Svctfon orovidrd. nom ar ,t: L ---see be ardliled to terminate the whole or any portion of the leasehol- estate herein created, by reason of the exercise of such rights or auth, unless the exercise thereof shall so interfere with T.essee's use and oce -,•- of the leasehold estate as to constitute a termination in whole or in part n this Lease by operation of law in accordance with the Laws of the State 1 Alsska. 28. Aircraft ftmtions Protected: (a) Thereto hereby reserved to the City, its successors sd assigns, for the use and benefit of the public, a right of flight for the 1 sage of aircraft in the airspace above the surface of the premises herein con ^.yed. ' together with the right to cause in said airspace such noise as may be : het ent In the operation of aircraft, now or hereafter used for navigation of or , ight in the air. using said airspace of landing at. taking off from. or operat..,tr on the Kenai Airport. t I (b) The Lessee by accepting this conveyance expressly a! revs for itself. its representatives, successors. lard assigns. that it will no! -n•rt nor permit the erection of any structure or object, no permit the grow,, of i any trees on the land conveyed hereunder, which would be an airport obstruction within the standards established under the Fetters) Avlstiot: t Administration Regulations, Part 77, as amended. to the event the afor.cau. covenant is breached, the City reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object. at.i to cut the offending tree. all of which she" be at the expense of the Lessee �• its heirs.or successors. or assigns. ! t (c) The Lessee by accepting this conveyance expressly ag. c.- t for itself, its representatives, successors, and assigns. that it will not) i. ke use of the said property in any manner which might interfere with the lanemi: and taking off of aircraft from said Kenai Airport. or otherwise creating an ; airport hazard. In the event the aforesaid covenant is breached. the Cfttr reserves the right to enter on the land conveyed hereunder and cause the abatement of such Interference at the expense of the Lessee. i 87. Right to Fnjoyment and Peaceable Possession: City he•eby agrees and covenants that the Lessee. upon paying rent and performing other covenants. terms and conditions of this Lease, shall have the nigh to quietly and peacefully hold. use. occupy and enjoy the said leased prenises. i Ott. Lessee to Pay Taxes: Lessee shall pay all lawful taxes and t i assessments which. during the term hereof may become a lien upon or v, Idelt may be levied by the state, borough. city or any other tax -levying body . upon any taxable possessory right which T,essee may have in or to the premises or facilities hereby leased, or the improvements thereon. by reason of its use or occupancy, orovided however. that nothing herein contained shall orevent Lessee from contesting the legality. validity. or application of any such tax or assessment. 29. Special Services: Lessee agrees to pay Lessor a reaso charge for any special services or facilities reouireet by Leasee In writlt which services or Aacilittes are not provided for herein. 30. No Partnership or Joint Vpnture created: It is exprest understood that the City shall not be construed or held to be a partner o joint venturer of Lessee, in the conduct of business on the demised prewi—P. Page Six. LUSE i 1 f and it is expressly understood and agreed that the relationship between the parties hereto Is. and shall at all times remain, that of landlord and tenant. St. Tletault Rankrupteq, etcAp If the Lessee shall make any assignment for the benefit of creditors, or shall be adjudged a bankrupt. or it a receiver Is appointed for the Lessee or Lessee's easels. or any interest under this Lease. and if the appointment of the receiver is not vacated within five (5) days. or if a voluntary petition is filed under Rection 18 (4) of the Bankruptcy Act by the Lessee. then and in any event. the City m4y, upon giving the Lessee ten (10) days' notice. terminate this Lase. 32. Forebearanee Vot waiver of 111tvs Rfvhts: The acceptance of charges and fees by the City for any period or periods after default of the terms. covenants and conditions herein to be perfarmed by the Lessee shall not be deemed a waiver of say rights on the part of the City to terminate this agreement for failure by the Lessee to perform. keep or observe any of the terms or covenants or conditions hereof. 33. Reasonable Operations: This Lease is subject to cancellation If the Lessee does not maintain such operations as the City In its sole discretion shall determine to be reasonable. or if the Lessee fails to maintain a staff or facllitles sufficient to reasonably execute the purpose for which this Lease is granted. 34. Fair Operations: This Lease Is subject to cancellation If the Lessee fails to furnish such service on a fair. equal and not unjustly discriminatory basis to all users thereof. or fails to charge fair. reasonable and not unjustly discriminatory prices for each unit or service. provided. that the Lessee may be allowed to make reasonable and non-discrimfnatory discounts. rebates. or other similar types of price reductions to volume per+ - 35. Controls to Prevent niscriminattom: City reserves the right to approve ail charges and privileges extended to or withheld from the public. in order to insure reasonable charges and prevent possible discrimination or segregation on the basis of race. colon. creed or national origin, or for any other related reason. • S8. Nondiscrimination: The T.essee. for himself. his heirs, personal representatives. successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that in the event facilities are constructed, maintained. or otherwise operated on the said property described In this Lease. for a purpose involving the provision at similar services or benefits, the Leasee • shall maintain and operate such facilities and services In compliance with all other requirements imposed pursuant to Title 49. Code of Federal Regulations, Department of Transportation. Subtitle A, Office of the Secretary. Part 21. Nondiscrimination In Federally -assisted Programs of the Department of Transportation -- Pftectuation of Title VI of the Ctvil Rights Act of 1964. and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants. the City shall have the right to terminate the Lease and to re-enter and repossess said land and facilities thereon, and hold the same as if said Lease had never been made or Issued. 37. Nondiscrimination: 'tate Lessee. for himself. his personal representative, successors in interest, and assigns. as a part of the consideration hereof. does hereby covenant and. agree as a covenant runni•tg Page seven. LEASE 9 with the land that (1) no person on the around* of ran, color, or national origin shall be excluded from partlelpstfon in, denied the benefits of. or be otherwise subjected to discrimination in the use of said facilities; (2) that the M"W-tronctfo- nf a"-, Imr-rove-m-nts on. owe., or Under mach 'Nand --nd .6. M.- A. ? race. color."10 furnishing 0 servicesWMIS, 110 F--- — V.- -- or national origin shall be excluded from participation In. derdeti the benefits of, or otherwise be itubjected to discrimination: tnation: (3) that the Lessee shall use the premises in compliance with all other requirements imo*%M by or pursuant to Title 49. Code of Federal Regulations. nepartment of Transportation. Subtitle A. Office of the Secretary. PA" 21. 140JUSISCrIMInathm in Federally -assisted Programs of the nepartmoynt of Transporation -- Effectuation of Title V1 of the Civil Rights Act of 1964. and as add Regulations may be amended. That In the event of breech of any of the above nondiscrimination covenants. the City shall have the right to terminate the Lease and to re-enter and repossess said land and the Wilitles thereon. and hold the same as It sold Lsas* had never been made or Issued. 39. Partial tn"Ilditr. If any term, provision, condition or part of this Lease is declared by a Court of competent jurisdiction to be Invalid or unconstitutional. the remaining terms. provisions. conditions or parts shall continue in full force and effect as though such declaration was not made. 39. Parol Vocifficatfonw. R to mutually understood and agreed that this agreement. as written. covers all the agreements and stipulations; between the parties, and no representations, oral or written. have been made modifying. adding to. or changing the terms hereof. 40. Warranty: no City does riot warrant that the property which is the subject of this Lease Is suited for the use authorized herein. and no guaranty is given or Implied that it shall be profitable or suitable to employ the property to such use. 41. Additional Covenants* Lessen sq.— to such additional terms and covenants as we ad forth In Schedule S. attached. IN WITNESS WREMOF, the parties hereto have hereunto set their hands, the day and year stated in the Individual aeknonrledgnserits below. CITY OF WXNAl By Page F. MASS _ --- ,- -_ --- -_ - __ 1 G•.i.J.�•.. 1+/ 1 _.T - I�111 1111 IIIII"L>II�loin II1111111 1_ __. _ ___ _ _-. • �• �--. • �- - � _ �i �.��.. n..•.• r�a�Fsura �.. _. - -.. _ ' -J1� �IY'A r .� ... �rw+�♦t 1.11••••/• .. .� �r..l. n .. . • .•� • » • Y , f 1-: . t Y ' c r" I i CORPORATION C � r ti. i _I i I I o . r , f 1-: . t Y ' r" I i r ti. A KNOIaLEMiMP.NT STATE OF ALASKA ) 3 a$. THIRD JUDICIAL DISTRICT ) Before me, the undersigned. a Notary Public in and for the state ag Alaska. on this day personally appeared and . known to me to be the persona and officers whose name$ are subscribed to the foregoing Lease, who being duly, sworn, did say that they are the President and . respectively. of Company, a corporation, and adknowledged to me that they executed said Lease as their free act and deed in their said capacities. and the free act and deed of said corporation, for the purposes stated therein. GIVEN UNDER UY RANO AND SEAL OF OFFICE. this day of . 19 NOTARY PUBLIC FOR ALASKA tory Commisfion Expires: APPROVED AS TO FORM by City Attorney, this day CITY ATTORNRY INITIAL LEASE APPROVED by City Council, this day of '19 CITY CILM ASSItiNb MT APPROVRD by Renal planning Commission, this day of , 19 ASSIGNMENT APPROVED by City Council. this day at . 19 CITY CLERK i - Paas Nine. Lease r I a / STATE OF ALASKA ) J ) sa. 1 THIRD JUDICIAL DISTRICT ) On this day of 119 , before mot personally appeared . known to be the person who executed the above Lease. and acknowledged that he (she) had the authority . to sign. for the purposes stated therein. 0 NOTARY PlIRLiC FAR ALASKA Sty Commission Ezpirea: LSRSRB I I RVVAt PP.NIIJs"LA n1LRFA STATE OF ALASKA AJ=FAALL CLttR, PJC. )99. I THIRD JUDICIAL DISTRICT ) On bis day of 119 . before me personally appeared . known to be the person who 1� ezecuted the above Lease and acknowledged that he (she) had the authority to sign the same. for the purposes stated therein. NOTARY PURLIC FnR ALASKA My Commission expires: � ACKNOWLEDGMENT FOR HUSBAND AND WIFR { STATE OF ALASKA )58. ! THIRD JUDICIAL DISTRICT ) Before me. the undersigned. a Notary Public in and for the State of Alaska. on this day personally appeased and . husband and wife, both known to be the persons whose names are subscribed to the foregoing Lease, and acknowledged to me that they executed the same as their free and voluntary act and deed. and for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND ORAL OF OFFICE, this day of 119. NOTARY PUBLIC FOR ALASKA Ry Commission Fxpirea: { Page Trsl. LFaBE ( - - ---- - � s� �.. -- �•- � .+ -� i� •ate -"�'� - • A . t LF•ASF !I THIS AGREMFNT, entered into this dap of "Arch, 1976 by =d between the r!TY nF "N'Al. s ho-c-ralc mr^.icip•^•1 .csrvor.^.t4:"2: of he "t.:te of Alaska, hereinafter called "City", and VFVAi PF'►'T St'LA OII.FRS RAQFnATX. INC.. an Alaska nonprofit corporation. hereinafter called -Oilers". WITNESSETH that: WHEREAS. the Council of the My of Kenai. Alaska has set aside Omrern- ment Lot 4. Section 3. Township 5 North. Range 11 West. Seward •7eridian for recreational purposes. and WHEREAS. Oilers desire to build upon such lot a field on which to con- duct amateur baseball games. and WHEREAS. in return for the lease of such lot at no charge. Oilers are willing to improve the lot solely for recreational purposes and to allow public use of the lot at Oilers discretion. except during and Just prior to the regular season of their baseball team. i, NOW. THEREFORE. in consideration of the performance of all of the covenants herein contained by Oilers. City does hereby demise and lease unto Oilers the following described property In the Kenai Recording tfistriet. State of Alaska. to wit: Government Lot 4. Qeetion S. Township 5 North. Range 11 West. geward Meridian -1- 1 r� 1. Term The term of this lease is fifty-five (55) years, commencing April 1. 1976 and ending March 31. 2031. 2. payment No monetary amount shall be paid by Oilers. except assess- ments for public improvements. Consideration for the lease shall be the construe - tion of improvements in accordance with paragraph 5 hereof. 3. Right of Entry, Right of entry and occupancy is authorized as of . the lst day of April. 1976. N 4. Assessments Assessments for public improvements benefiting the property in the amount of $2.855.25 are presently owing.. Oilers may pay _ entire amount owing upon execution of the Iease or. at its option, may pay over a seven-year period ending April 1. 1983 under the terms hereinafter specified: (a) Oilers shall make an installment payment of $548.41 on or - e-; before April l of each of 1977. 1978. 1979. 1980, 1981. 1982 or 1983. (b) If annual installments are not paid on or before the dates due. F Oilers shall pay a one-time penalty charge of ten percent (10%)on each • �� annual installment or portion thereof which is past due. (c) Oflers shall pay an additional eight percent (8%) ner annum delinquent interest charge on the principal portion of each annual Install- ment or any part thereof which is past due. (d) Oilers may pay off any amount of the assessment at any time with interest only to the date of payment and without additional penalty 1 for early pay-off subject to (a) to (c) above. -1- 1 r� 11 iii 911 i. i i wrrliftiilti" I 1 1 11 J 11 rrL J -J 0 5. Improvements. Milers shall construct improvements to accordance with the development plan which is attached hereto as Schedule A. construction shall be neat and presentable and compatible with its use and surroundings. Failure to construct such improvements in accordance with the timetable set out in Schedule A shall be considered a breach of the lease and subject Oilers to the remedies set out in psra"aph 9. 411 improvements made by Oilers on the demised property shall become the property of the pity upon expiration of the term fixed or upon termination of this lease for any reason. Prior to placing of fill material and/or construction of improvements as ap.riried in Schedule A. the Oilers shall submit detailed construction spmificationa of improvements to the City Administration for their written approval for all improvements. 6. Use of Premises. Oilers shall use the demised premises for pro- motion and operation of baseball and other sports and related recreational aed- vities. In that connection they are authorized to have the exclusive use of the Premises during the regular season of the Peninsula Oilers and for three weeks prior thereto or such other amount of time as may be necessary to prepare the Premises for the regular season. At all other times the premises shall be open 11 for use by the public. with prior consent of the Foard of Directors of Oilers. The Oilers may, at their discretion, impose reasonable requirements upon persons or organiutions for use of their facilities with regard to certain items Including but not limited to, insurance, cleanup, use times and maintenance. 7. Maintenance. Oilers agree to keep the demised premises clean and to good order at its own expense, suffering no strip or waste thereof, nor removing any material therefrom. without written permission of the City. Oilers agree to maintain any improvements placed by them on the demised premises. S. Uses Not Contemplated Prohibited. Mlicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise, other than as specifically set forth herein, without :Written consent of the City, Is prohibited. 9. 111ght of Entry. Should default be made in any of the covenanta or conditions contained in the Lease, the City may re-enter and take possession of the premises, remove all prsons therefrom. and upon 30 -day written notice. terminate the Lease. Upon expiration of the term fixed, or any sooner determina- tion of the Lease. Oilers will peaceably and quietly quit and surrender the pre- mises to the City. 30. Ri ht of Inspection. City shall have the right. at all reasonable times, to enter the premises. or any part thereof. for the purposes of buipecilon• 11, Insurance Oilers covenant to save the City harmless from all actions. suits, liabilities or damages resulting from or arising out of any acts of commission or ommission by Oilers, its agents, employees, customers. invitees. or arising from or out of Oilers' occupation, or use of the premises demised. or privi- leges granted. and to pay all costs connected therewith. In this connection. Oilers agree to arrange and pay for all of the following: (a) Public liability insurance Protecting both the City and/or its agents and Oilers. such insurance to be evidenced by a certificate showing the Insurance in force. The amount of such Public liability insurance shall have limits not less than those known as $300.000.00 per occurrence/personal injury: $100,000.00 per occurrence/property damage. N (b) Oilers agree to carry employers liability insurance and workmen's compensation insurance, and to furnish a certificate thereof to the City. -2- ' ' I 1 � s .� .I •I l llllllli+,� r (c) Insurance contracts providing liability insurance and Workmen's Compensation insurance. shall provide for not less than thirty (30) days written notice to the City of cancellation or expiration or substantial change in policy conditions and coverage. (d) filers agree that waiver of subrogation Rgxinst the City shnil he requested of Oilers' insuror. and shall be provided at no cost to the city. (e) It is understood and agreed that the infruranee afforded by this policy or policies for more than one named insured. shall not operate to increase the limits of the company's liability, but otherwise shall not operate to limit or void the coverage of any one named insured as respects claims against the + same named insured or employees of such other named insured. 12. Special Services Oilers agree to pay City a reasonable charge for any special services or facilities required by Oilers in writing. which ser- vices or facilities are not provided for herein. 13. No Partnership or Joint venture Created. It is expressly under - so stood that the City shall not be construed or held to be a partner or joint I I venturer of Oilers, in the conduct of business on the demised premises: and it is expressly understood and agreed that the relationship oetweeu the: patties i hereto is. and shall at all times remain that of landlord and tenant. 14. Reasonable Operations This Lease to subject to cancellation if Oilers do not maintain such oeprations as the City in its sole discretion shall determine to be reasonable, or if Oilers fail to maintain a staff or facilities sufficient to reasonably execute the purpose for which this Lease is granted. 18. Fair Operations This Lease is subject to cancellation if Oilers fail i to furnish such service on a fair, equal and not unjustly discriminatory basis to all users thereof, or fails to charge fair, reasonable and not unjustly dis- m4minatory prices for its events. and other goods and services. 16. Controls to Prevent Oiacrlmination . City reserves the richt to approve all charges and privileges extended to or withheld 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. 17. Financial Statements. Oilers shall furnish to City. upon request. eopice of financial statements for any fiscal year. 18. Non -Assignment. Oilers agree not to assitla this Lease or any part. not let, nor sublet. either by grant or implication. except as provided In paragraph 6 hereof, the whole or any part of the premises without written consent of City. 19. Improvement Renegotiation. In the event this Lease is for a term in excess of five (S) years, the development plans specified herein shall, at the option of either party. be subject to review and renegotiation for increase or decrease of development at intervals of two (2) years from the let day of July preceding the effective day of this Lease. Portions of the development plan may be changed or postponed for specified periods only with the written consent of the City. Such consent shall not be given until the Council of the f City of Kenai has approved the changes. I is IN WITNESS WMFOF, the parties hereto have hereunto set their hands. the day and year stated in the individual acknowledgments below. CITY OF KENAI Ry +' Roland D. Lynn -3- City Manager i �.-..6.1 of �! STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) i•n this_day of March, 1916, before me oersonally spoearea Roland D. Lynn. kown to be the person who executed the above Leave. and acknowledged that he had the authority to sign. for the purposes stated therein. KOTARY PVHLIC FOR ALASKA My Commission Expires: i KENAI MAMMA OILERS BASEBALL. INC. rt ►I By i STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) On this day of March. 1976. before the personally appeared known to be the person who executed the above Lease and acknowledged that he had the authority to scan the same. for the purposes stated therein. *NOTARY PUBLIC FOR ALASKA ?Ay Commission expires: A I SCHEDUTS A 1978 DEVELOMIM' PLAN .3 (1) A minimum 34" water lice will be installed from City water main to property for water usage. (2) The Oiler baseball diamond, parking lots and roadways for entrance and exit will be cleared of overburden, and leveled and , i graded to standard. (3) The two Little League baseball diamonds will be cleared cf ova and leveled. � (4) Oilers diamond will be planted with grass. - 1877 DEVEWPBlENT PLAN (1) The Oilers baseball Sold will be re-grooioed (rotatilled and replanted) . i (2) Gravel 1111 wM be hauled in for the parking lata and roadways. , (3) Backstops, fences, bleachers, box seats and a press booth will j be constructed for use on the Oilers Med. (4) Two Lite League diamonds will be rototllled and pleated with 9MBS- I (5) The Mlers outfield would be available this fall season for use as a football Held for Little League. 1978 DEVELOPMENT PLAN (1) A permanent snack bar and rest room faetlittea would be - a 1 owdruated as the Oilers Add. (2) Backstops would be constructed for the 2 Little League diamonds. 1979 DEVELOPBq.NT PLAN 1 All permanent structure construction started in 1978 for Oilers a Add would be thdahad in 1979. ; 1980-85 DEVEW"WNT PLAN Start OMWU g U= d an filers Clubhouse and any major improvements planned for the Oilers field. i 1 1 . i ' J I 1 I I I r, i I y 1-7 . 1�------- - - --- -- 4 i It Itu a Jho POSeAO hyo ,OC.t r-' 1 PAs C mi ee D !' C.i�•f 6 lt�&NRi AO 3i Z.4.ve T ; <i ,t Q!�siC/l?�tidE� /lJAi4&eg A r�Sl.P�s .' �i *PQwood xAmf fax 30 61 -,,�-,a. U y77_C s.V. MVZZIAZW G• x w .9rL9 a�P3 yrs Kil&i voo i 4 y .Gaoi- ol/rsc. 8A-778/ --- C' i -i TIM _T lige:-m-milli q do a. JA 38 �iv n F ---_-fill Ill ll-r�ll�ii�i4�� - -r4•,- - .�.. ' v.. II - ____-_ - - -_- - CITY OF KENAI RESOLUTION NO. 76-15 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI DECLARING THAT THE LEASING OF A PORTION OF GOVERNMENT LOT 4 TO KENAI PENINSULA OILERS BASEBALL, INC. IS WITHIN THE &,4 jL r l4 l OF RESOLUTION 75-66 SETTING LOT 4 ASIDE FOR RECREATIONAL PURPOSES. WHEREAS, the Council of the City of Kenai by Resolution No. 75-66 set aside Government Lot 4. Section 3, Township 5 North, Range 11 West, Seward Meridian for recreational purposes: and WHEREAS. Kenai Peninsula Oilers Baseball, Inc. , a non-profit corporation of the State of Alaska, desires to lease a portion of said Government Lot 4, and to use such portion for the promotion and operation of baseball activities, particularly the conducting of amateur baseball games: and WHEREAS, consideration for such lease, Oilers have agreed to pay a "Fair Market Value" rental for the property, part to be paid in cash and part to be paid in- kind, which part is to be in the form of labor done and materials furnished to the improvement or enhancement of the remainder of Government Lot 4 for recreational purposes within guidelines set by the City of Kenai. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai. Alaska, that: The Council hereby declares that: Section 1. The leasing of the Northwest one-quarter of Government Lot 4, Section 3, TSN, RUW, SM to Kenai Peninsula Oilers BAsebail. Inc. falls within the recreational uses contemplated for such Lot 4 by the Council's Resolution No. 75-66. Section 2. The Council hereby declares that all cash payments (excluding payments for special assessments) made by Oilers on their lease of a portion of Government Lot 4 shall be dedicated to recreational purposes. Dated this ATTEST: Sue C. Peter, City Clerk day of March. 1976. CITY OF KENAI, ALASKA JAMES A. ELSON, MAYOR n ._-. .__'�+ra>_:.�.. �-r=rte•.-•v .-- r,. - .. Sr.w-�..- .--.,-� � �, .< <.�..�.... ...�.r .- - _ e. � ,r-�-o,�--.. .-.. _> _ _ yl - _ - -moi '� II I ■ I IIII I■ --______ .-__.. ._.____ _._._ _ ___._ -_ - _ _ - .. .- -^�`� - _ _ � - _ b b Qb flay S. Hammond O $11A1 M� d►�l1cIm mVERMOR i��1� :-P77— DEPAIMMENT OF REVENUE Ati�WIt/G 1EriitACf i�NfiGt iW1►0 / iQ3 II. JQA tl.-AICNQO.� c ssiYi i �2 March 1, 1976 Mr. Roland D. Lynn City Manager City of Kenai - Box 580 Kenai, Alaska 99611 Dear Mr. Lynn: Enclosed are copies of applications for: THE RENEWAL OF BEVERAGE DISPENSARY LICENSES FOR: PRE-FLIGHT ROO.4; Kenai Terminal Enterprises, Inc.; Pres/VP-Brun L. Peck; Sct/Tress-Nancy J. Peck; Kenai Airport; Mail: Box 3913, Kenai. THE RIG BAR; Lola S. & CHarles Simon, Jr. & The Rig, Inc.;Pres-Billy A. ticCann; VP -Ira L. English; Sct-Ruth C. Peterson; 1209 Main Street; Mail: Box 216, Kenai. '�m - vu LI., Sincerely, n..G�� * �i (Mrs) Dorothy wic Records & Licensin_ SuQervisor OS:jmn Enc. j � «:r ' Jay S. Namwnd Q O QLa WWAtlx9cWXOVEaxaa -- h F,A1tTME T OF BEVENUE - Aiivm i#amsr 80M U II V / S09 N! M Sr—AMpYOM 061 - i March 11, 1976 - Mr. Roland D. Lynn City Manager City of Kenai Box 580 Kenai, Alaska 99611 Dear Mr. Lynn: The enclosed application for renevial has been approved by the ABC Board. - BEVERAGE DISPENSARY: KENAI JOE'S; Harry L. Axson, Elsie E. Cresswell & Jack L. Conright; Lot 1, Block 17; flail: Box 547, Kenai. You have 30 days in which to protest the boards action on this application. .f DS:jmn Enc. Sincerely, l (Mrs) Dorothy Swick Records & Licensing Supervisor '-1S'-1� •,, • ey�i1 r.h 11 — • a 1 i t j • a I FW•• I - ••--_ "- r ---V - . - . - KENAI PLANNING & ZONING COMMISSION REGULAR MEETING MARCH 10, 1976 . i PAGE 2 I 4. OLD BUSINESS A plication for a Conditional Use Permit for Gravel Extraction a Rural Residential Zone: Chester Cone *Mr. Evans in at this time. Mr. Cone originally applied to the Kenai Planning and Zoning Commission for a conditional use permit for gravel extraction in a rural residential zone on April 23, 1975. The Permit was denied by the Commission. He appealed to the Kenai Borough Planning Commission, who approved his application. He then appeared at the Board of Adjustment Hearing of the Kenai City Council on July 16, 1975. At that time, the Board of Adjustment asked Mr. Cone if he would wait until regulations were established before approval or disapproval of his application for a permit, to which Mr. Cone agreed. Councilman Ambarian stated that on the March 3, 1976 meeting of the Kenai City Council, Mr. Cone was instructed to review his original application with the City Administration, and to make any necessary corrections or additions at this time, , for compliance with the Ordinance adopting the regulations for Extraction of Natural Resources. The application would then be presented to the Kenai Planning and Zoning Commission for their perusal and at the Kenai City Council meeting on March 17, 1976. At this time the Board of Adjustment would convene to make a final decision in the matter. Mr. Cone stated that he had discussed this development pian with Phillip Aber, Director of Public Works, and Mr. Aber had informed him that it sounded like a good plan. Mr. Cone stated that he then had Malone Surveying draw up his development plan but had not reviewed it or his application with the City Administration, due to lack of time. (*Councilman Ambarian left for Council Workshop at this time.) Mr. Cone presented his Development Plan. He stated that approximately 40 acres of his property was involved in the Plan, with the area divided into four, ten acre tracts. The property would be developed ten acres at a time, with a SO foot screening strip of trees between each ten acre tract, to allow for individual development of tracts after gravel extraction. There would be a 200 foot screening strip along the south and west sides of the 40 acre tract to obstruct view from Beaver Loop Road and adjoining property. He also planned SO foot overburden storage areas on each of the ten acre tracts. The City Administration had no recommendations because Mr. Cone had not submitted his development plan or application for their review. i 0 _-_ KENAI PLANNING f ZONING COMMISSION REGULAR MEETING MARCH 10, 1976 PAGE 3 (Item 4 - continued) *Mr. Raymond in at this time. The Commission reviewed the original application submitted by Mr. Cone and found no new information. This being the case, it was decided by the Commission that they could only recommend approval or disapproval of Mr. Cone's Development Plan. MOTION: Mr. Kjelstad moved, seconded by Mr. Evans, that the Commission recommend to the Kenai City Council, approval of the proposed Plan for Gravel Extraction and Future Development of Tract 6, Horseshoe End at RiverBend Subdivision, City of Kenai, as presented by Mr. Cone on March 10, 1976. Motion passed unanimously by roll call vote. Mr. Cone was urged by the Commission to meet with the City Administration prior to the City Council meeting on March 17th, for review of his application and development plan. S. NEW BUSINESS A. Katmai Subdivision, Resubdivision of Lot 2: Preliminary/Final Plat The City Administration recommended approval of the preliminary/final plat as submitted, with the recommendation that some notation be made that the area is zoned as General Commercial. MOTION: Mr. Kjelstad moved, seconded by Mr. Raymond, for approval of Resubdivision of Lot 2, Katmai Subdivision, as submitted in the preliminary/final plat, with the following recommenda- tions: 1. The City waterline be shown on "B" Street, NW. 2. The present zoning of the lots be shown on the face of the plat. 3. The City Public Works Department investigate the condition of street access to the proposed subdivision. 4. The City Public Works Department assure that the streets comply with City standards. Motion passed unanimously by roll call vote. B. Rayal Estates Subdivision: Preliminary Plat The City Administration recommended approval of the preliminary plat with the recommendations that the square footage of the lots and the building setbacks be shown. 4 -___ ,_t: �1. _ �.- ,: - __ _� -. -_ _. ..-- __ _.a _. _____..: .y• - .+- <-.,.. - .. .. .. I 1` I II I I I IIII II tl �.�..�..-. � . __--_ _� ._-I .�� -CONE F-14TEURASE5 P P1�'�"r::�F) ►•LEt's i•:.:_ GD.=ti's.! �'!'... .'rjYi::: � r • AAi�� iuYt�i�E ut•1cLG.�ta:.iyc � • s •TSCA �T b of. uUm .10140L Ewo At VJVER Dtwo ryb ; C rrf OF KE NAi - At-ASKFS I i ,dy t;, S apoL : I ,• :. %pop � , • .. • T. ORL4rstt X.NLMt 44 uvLtoYMLxv tM4�uOt0 fw ►ta�4 Af �MowN. WM•{{. M LAW 6416 "Cf.4OS *%Oaa W,4T- rt OtMOTtO FgLAC! Wo• oM ave"QtWi ' v sow ; CMLSTLtLC+?�C�• • v.. st S. !OtI V r.� ' �•ioO i :i' iii ' a s ji* loC•.. SAC 1t .% - • -• sol"Ac 402F T00•96WASM4 htK► MrV. St. f•rwTAu02.1 OYRWb G%~L%. %.SMPVAt.. � tW 1rtAit! Af dM•AN0. . I3 W.'uM.MrNOt mom. "WrL., Otvseetr•tauT v Tf.liCgY Att6fL Ocpvtl Bt•+o�/At.• A • I v LY9t4ATbt Ot:att► Of• nYLAv t,. K4�tOvAt. 4 •fY-n.i OLV i.:Oa•tt:•t'C • I i ,dy t;, S apoL : I ,• :. %pop � , • .. • T. ORL4rstt X.NLMt 44 uvLtoYMLxv tM4�uOt0 fw ►ta�4 Af �MowN. WM•{{. M LAW 6416 "Cf.4OS *%Oaa W,4T- rt OtMOTtO FgLAC! Wo• oM ave"QtWi ' v sow ; CMLSTLtLC+?�C�• • v.. st S. !OtI V r.� fmal AdvisW Planing Camdssion 4. 0' Box 590 Tsai., Alaska It. 03alimm and Mters: It Chester H. Oahe, bemTith sm%rdt for your ooaisideraticn and approval of 52=dna and operating a gravel pit an a coition of klf J Section 20.3Z 4CZ&O I teim a "amx3itional UW Pezrft, 0 2 Mj''4 Rite s L,.r is I'mmin as Tram 6'of Mumshoe Md at River's 3end is located on Beaver Love road, renai, Alardta. Thedn- . Lr -y plat gives the legal description of tm and Mains ny intent for develop- vmt of the nit. You will note that the idlat shaim a two bmulred foot (2001) scams along eze entire south bounty, tacing Beaver Load fbad, to recme any and all activities fz= public VjLW and to leave this area in a nab=' stabs. •I would enbez tm on the east sib and cantruct an access road Along the north -south line f= its =iflum= with Beaver iftV lbad, to a death of two lnmdmd (2001) to a point of beginning• ftm this point, I would plan an epenim the nit and cImitinuing nort1h and west air as aravel sales imuld jwtil-',v,'b---=cr ara= to zmver too doss to dw%ap nei=,ftxiw_ ral2owbm, is a descriTAicn of ry. plan of or4ration concerning the pit: 2. Ocmdna the 'nit. Trees, ovez!=den, top soil, would be and dismo-we-YA of as repAred by local, state and federal xemdations, and Lids agy to the c&Amt Justified by seasma ciaval sal .2o Gram#1 ram.val and restoratim. Gravel would be r --mod to a depth ratiw the c. C --4r- • vater table and cantAnwd thus, rather than to mIxavate a deep pit at any point. 113p Sail initially would be stod: piled and utxn tire of %wjel dImlation u;ould be mt=ad and the land .",.d tit have A =avel pits on the Beaver Loop Road for the last tmnty yens in like rmmer and vie invite inspection of this zethod of rest oration. 4 -7 Maz%ft 26, 2975 fmal AdvisW Planing Camdssion 4. 0' Box 590 Tsai., Alaska It. 03alimm and Mters: It Chester H. Oahe, bemTith sm%rdt for your ooaisideraticn and approval of 52=dna and operating a gravel pit an a coition of klf J Section 20.3Z 4CZ&O I teim a "amx3itional UW Pezrft, 0 2 Mj''4 Rite s L,.r is I'mmin as Tram 6'of Mumshoe Md at River's 3end is located on Beaver Love road, renai, Alardta. Thedn- . Lr -y plat gives the legal description of tm and Mains ny intent for develop- vmt of the nit. You will note that the idlat shaim a two bmulred foot (2001) scams along eze entire south bounty, tacing Beaver Load fbad, to recme any and all activities fz= public VjLW and to leave this area in a nab=' stabs. •I would enbez tm on the east sib and cantruct an access road Along the north -south line f= its =iflum= with Beaver iftV lbad, to a death of two lnmdmd (2001) to a point of beginning• ftm this point, I would plan an epenim the nit and cImitinuing nort1h and west air as aravel sales imuld jwtil-',v,'b---=cr ara= to zmver too doss to dw%ap nei=,ftxiw_ ral2owbm, is a descriTAicn of ry. plan of or4ration concerning the pit: 2. Ocmdna the 'nit. Trees, ovez!=den, top soil, would be and dismo-we-YA of as repAred by local, state and federal xemdations, and Lids agy to the c&Amt Justified by seasma ciaval sal .2o Gram#1 ram.val and restoratim. Gravel would be r --mod to a depth ratiw the c. C --4r- • vater table and cantAnwd thus, rather than to mIxavate a deep pit at any point. 113p Sail initially would be stod: piled and utxn tire of %wjel dImlation u;ould be mt=ad and the land .",.d tit have A =avel pits on the Beaver Loop Road for the last tmnty yens in like rmmer and vie invite inspection of this zethod of rest oration. 4 -7 Kenai Advisasy Planning Ca-missiaai 3. C=umce with travel extraction and mbifner remdattoas. • __- TAn �yi�ilj►t WNaQ �1�r�.Y �Y� NY�M- r_}1mmi-A CM --)3,j- ,i:e% Mr M .of , s amd s as ell as local, state and federal standards. �! In addition the grit will be maintained in a clean, neat ; and safe ramar. 4. Ravel quality and tyle of sales. the gravel art this is of quality ten as "Class- i Wed !.mteziW and not. "Barrow or Fill." mat al. Por this reason sales of this material will be lirtited to •Classified Material" and thus the life tire use of the , - - pit ended as long as . Possible'•. 5. PYotectfon of adioi nina mmrj ,.rt3.es. At all times of operatim care will be e3mrcffsed t6 ..+t.�..l. i 61 W.1c,, & to miad1-jcas and public and to rmintzdn iwivacq. . 'lite pct b=mbdes sill never e;c"d close ermch to =**V or- J rs..r tj to cre. C�anger nor to ome_ ed Iivdtatiom • ml pt by =ttual nei% borfag a y.. rx.....1:. 6 In staanaty I- VMUld rrxdad all oonoe=ed parties that gravel is an exrmul ile material and is coi nct to 'xw..,P. Iaore scm= -. each yeas as city rte.. :..ys cmttinues. It s'tould be the ultimate goal of all to tits orderly = a� of er.Lstistg supplies and not seal Vmm off fsem ptiblic use by cmcb=t of ihaossible legis and rulings. mitis mistake has been made in qty cities and as a result the pubic has suffered e=itant addid building posts. ftadWshg you for a favmraille reply I remain, 1 I c Introduced by: Hudson, Johnson, Elson i Date: February 3, 1976 /Hear: 3/2/76 Vote: Unanimous (135) , Action.- Enacted Mar. 2 , 1976 Date: March 2, 1976 ZWW PENINSULA BOROUGH ORDINANCE 76-4 AN ORDINANCE TO AMEND CHAPTER 21.76 PROVIDING FOR CONDITIONAL !TSB PERMITS FOR SURFACE EXTRACTION OF NATURAL RESOURCES WWITHIN THE BENAI AWNICIPAL DISTRICT. WHEREAS, the standards set out in RPB 21.78.140 H 2 for issuance est conditional use permits for extraction of natural resources have not been adequate to guide the discretion of the Planning Commission and the Board got Adjustment in malting decisions on such matters; and WHEREAS , the Kenai Advisory Planning and Zoning Commission and the Council for the City of Kenai have developed new, more detailed standards for the issuance of conditiond use permits for the surface extraction of statural resources; and + WBEREAS, it is desirable to enact such new standards; Now Therefore; BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA 8OROUGS: _Section 1: KPB 21.76.140 B 2 is hereby amended to read as follows: 2. Development and extraction of natural resources which can be mined underground without substantially disturbing the surface of the land [together with the necessary buildings and apparatus may be permitted] may be permitted together with the necessary buildings and avaaratus provided that the following conditions are met: Bob -paragraphs a and b of RPB 21.76.140 A 2 remain unchanged. Kenai Peninsula Borough Ordinance 76-4 Page 1 of 9 Pages . _ _ - �- �. � �• r - �-•- - r �'� ' -, � � � �� »._mow 'i - :-s . Section 2: KPB 21.76.140 B is hereby amended by adding a new PKI6. s h 3 which shall read in its entirety as follows: 3. Surface extraction of natural resources may be permitted provided that the standards set out in Rection 21.76.144 are met and the procedures set out in Sections 21.76.141 to 21.76.148 we followed. The usual procedures for conditional use permits attained in Section 21.76.220 of this chapter shall not be applicable to conditional use permits for the surface extraction of natural resources. f Section 3: KPB 21.76 is hereby amended by adding new sections -•21.76.141 to 21.76.148 which shall read in their entirety as follows: Section 21.76.141 Application for conditional Use Permit for i --Surface Extraction of Natural Resources. • An application for a Conditional Use Permit to engage in the • ji surface extraction of natural resources shall be in writing on a form 4 --supplied by the City of Kenai and shall be Filed with the Administrative Met& as defined by Section 21.76.200.A of this Chapter, along with the i requisite fees. All applications shall be accompanied by the following i •Aom menta and information: f 1. A site plan, drawn to scale, containing the following-. J. a. Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet. b. Existing topographical contours with not less than 10 foot contour intervals. c. Proposed Finished topographical contours (when extraction 3s completed) with not less than 10 foot contour intervals. d. Existing and proposed buildings and structures on the site. e. Principal access points which will be used by trucks, and equipment including ingress and egress points and internal circulation, especially the haul road from the public road to the proposed site of the pit. • Kenai Peninsula Borough Ordinance 76-4 Page 2 of 8 Pages M t. Indication of the existing landscape features, including cleared areas, wooded areas, streams, lakes, marsh areas and so forth. g. Location and nature of other operations, if any, which are proposed to take place on the site. $. A narrative statement containing the following information: a. Soil surveys with reference to the average year around water We throughout the entire acreage. Piezometers may be used to determine an average water depth. b. Estimated amount of material to be removed from the site over the entire period of operation. o. Estimated length of time to complete the operation, or, if the pit is to be operated on a continuing basis, a statement to that effect. d. Proposed hours of operation. e. Method of fencing or barricading,the petition area to prevent casual access. t. Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and proposed site of pit. g. Plans. if any, to construct artificial screening. h. Description of operations or processing which will take place on the site during and after the time the material to extracted. 1. Plan or program of regrading and shaping the land for future use. J. Method of back -filling and/or replacing top soil. k. Proposed future use of the land after resources extracted, including a proposed development plan showing location of houses, parks, lakes, etc. Renal Peninsula Borough Ordinance 76-4 Page 3 of 9 Pages I 0 0 xr- which may pertain to the particular site. 8. Proof that the applicant has obtained or is eligible to obtain the . necessary licenses required by State or. Federal agencies. 4. pwof that the applicant is the owner of the subject property. Section 21.76.142 Review of Application for Conditional Use Permit for Surface Extraction The Administrative Official shall. place the application for conditional use permit on the agenda of the Kenai Advisory Planning and Zoning Commission (hereinafter called "Kenai Planning Commission"? for the first meeting of the Commission for which it is eligible based on the date of filing with the Secretary arA the applicable rules of the Commission at that time. At that meeting the Commission shall review the application and accompanying information and sball determine if it meets the requirements -of Section 20.30. 151 hereof. If the requirements have not been met the Commission shall specify the deficien- cies therein and shall request that a supplement to the application be filed. The Commission may, in its discretion. request additional information per- tinent to the particular site to be supplied by the applicant. Such additional information shall not be requested unless it can bo ri.tained by the applicant at a reasonable cost. The issue of reasonable cosi may be appealed by the applicant directly to the Board of Adjustment before further proceeding by the Kenai Planning Commission. Section 20 30.143 Rearine on Application for Conditional Use Permit for Surface Extraction. The Kenai Planning Commission shall hold a public hearing on the application at the first regular meeting following the meeting at which their initial review was made, if no additional information is requested, or, if additional information is requested, at the first meeting following a determination by the Commission that the supplement to the application contains the requested information, t►fifcial notice of the date of hearing shall be mailed to the applicant not less than 10 days before the date of the hearing by certified mail. In addition the Kenai Planning Commission shall cause to be sent to each owner of property within a distance of 800 feet of the exterior boundary of the lot or parcel described in such Kenai Peninsula Borough Ordinance 76-4 Page 4 of 9 Pages II n i l.`. Y ' 1 9 application notice of the time and place of the public hearing. Such 11e"ee shall be sent by certified mail and shall contain a description of the property, a map showing the approximate location of the pro- posed surface extraction, and a stateirent as to the nature of the pro- posed extraction operation. For the purpose of this section, "property owner" means that owner shown on the latest tax assessment roll. Section 21.76.144 Issuance of Conditional Use Permit for Surface Extraction. A. On the basis of the application with accompanying information. Any supplemental information filed, and such information as may be Presented at the public hearing provided for in Section 21.76.143, the Kenai Planning Commission shall make a determination as to whether each of the following requirements has been met: 1. The application is in substantial compliance with the requirements of Section 21.76.141 of this chapter.. 2. The boundaries of the proposed excavation at its greatest 41143"Sions. including back slopes, are at least 200 feet from arty road or public right of way and at least 150 feet from other surrounding property lines. 3. The buffer strips between the excavation site and roadways and property lines contain sufficient natural screening to obscure the entire excavation from sight of roadways and inhabited areas. if there is not sufficient natural screening, Me plan must provide for artificial screening. 4. Site plan provides that back slopes be a minimum of a 2:1 slope, ezeept for the contiguous working face. 5. Site plan does not provide for excavation below the stater table except where a reasonable method of drainage is available at the particular site or where proposed future development plan provides for a lake on the site of the excavation. Renal Peninsula Borough Ordinance 76-4 Page 5 of 9 Tages n G. N excavation is to be below the water table and site . is likely to endanger the public safety, the site plan provides - for fencing of the work area. 7. Proposed use of land after extraction is completed is feasible and realistic and is a use permitted in the zone in rthich the property is located. S. The extraction does not destroy the land for the purposes for which it is zoned. 9. The need for the particular natural resource within the City of Kenai outweighs. any detrimental effects the operation may have on surrounding property owners. 10. Applicant is the owner of the subject property. _ If the Kenai Planning Commission determines that all requirements have been met, the Commission shall direct the Administrative Official to issue a condi- tional use permit to the applicant. The permit shall be issued for an indefinite period and shall be subject to the provisions of Sections 21.76.145 through 21.76.148 hereof and shall so state. B. The permit may be expressly conditioned by the Commission upon the erection of artificial screening. If the permit is so conditioned. the Planning Commission shall specify, the type of screening to be erected. Such screening shall obscure the entire extraction operation from view from any public roadway or inhabited area and shall be compatible with the general character of the neighborhood. No extraction of resources can take place until the artificial screening provided for has been erected Md approved by the Kenai Planning Commission. C. Appeals from decisions of the Kenai Planning Commission 1 hereunder shall be made in accordance with the provisions of 21.76.230-240 of this Chapter. Kenai Peninsula Borough Ordinance 76-4 Page 6 of 9 Pages Sectim 21.76. 145 operation by Surface P.xtraction Permit Holders During the period of the conditional use permit the permit holder aball comply with the following provisions: 1. The pit shall be operated substantially in accordance with the site plan and statements that accompanied the application for conditional use peimit, as such may be amended from • time to time in accordance with Section 21.761A6 of this Chapter. 2. The permit holder shall submit a yearly report to the Administrative Official within thirty days following the anniversary of the issuance of the conditional use permit. Such report shall show the area which 'has been cleared during the previous year, the current working area and any area which has been reclaimed or partially reclaimed, and shall state the quantity of material which was actually removed during the preceding work year. The report shall also contain projections of the same information for the next work year. .-� 3. No part of the extraction operation is visible from public roadways or inhabited area. Section 21.76.146 Yearly Review of Operation • of Surface Extraction The Administrative Official shall review the operations of the permit holder each year within sixty days following the anniversary of the issuance of the conditional use permit to determine whether such permit holder is in compliance with the provisions of Section 21.76.145. He shall compile a report based on his review and shall submit his report along with the report of the permit holder under Section 21.76.145 to the Kenai Planning Commission. Section 21.76.147 Termination of Surface Extraction Permit by Administrative Official A. V the Administrative Official determines, based on his yearly Wdew or any other investigation undertaken by him, that the conduct of Kenai Peninsula Borough Ordinance 76-4 Page 7 of 9 Pages r --" - ��.-._�_� — -.r_a F '.ems _ ..,. _. --. _..a__ _ •-_..-. . .� - - _ __ - - . r iu■r~. ill I II i I� I I . ii III +I i _ i_ ---- _ v .-.- .. • ... �. �.•..■ilii---- - __ ^—.,".a':c---"- -- - ----- ----- a �z 'I v the operation is not in compliance with the prdvisions of 21.76.148, he may revoke the permit. He shall not revoke the permit, however, unless and until the permit holder has been notified of the violation sad Riven a reasonable opportunity to correct it. In the event that a pit is unused for a period of three years, the Administrative Official may revoke the Conditional Use Permit. D. Appeals from decisions of the Administrative Official hereunder shall be made in accordance with the provisions of Sections 21.76.230 -240 of this Chapter. Section 21.76.148 Amendment or Transfer of Surface Pxtraction Permit A. No conditional use permit Issued hereunder shall be transferred until the proposed transferree has made application for • transfer in writing filed with the Administrative Official, which application shall state that he intends to be bound by the plan and statements contained in the application of the permit holder or shall contain the amendments to the plan his vroposed operation would mandate. The Commissiom shall approve the application for transfer and in so doing amend the site plan and statements if such amendments as are contained in the application for transfer would have been approved had they been contained in the original application. D. A permit holder may amend his site plan and statements by Ming an application for amendment in writing with the Administrative OMOW. The Commission shall approve the application for amendment It the original application would have been suvroved had it contained the provisions of the application for amendment. Kenai Peninsula Borough Vadinance 76-4 Page 8 of 9 Pages _ r ----�.I '_i ..max.=.. I-•'�—�AN}I I II II I r:'a �.s.. .. --- _---= ••---••_.. � :�f��tll III � .I ..�L.y.� - ------ — - ---- - — '---.•r—• i. - ':v _t Section 4: RPB 21.76.220 A is hereby amended to read as follows: A. Conditional Use Permits. There are some uses which are empatible wish principal uses in some zones if certain conditions are met. Most of these conditional uses have been listed in Section 21.76.140. The Planning Commission shall permit these uses if the conditions and requirements listed in this chapter are met and if the procedures provided for applicable law are followed. The provisions of this section shall not apply to anolication for conditional use permits for the surface extraction of natural resources. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 2 DAY OF March , 1976. Assembly President V - ATTEST: r Borough Clerk (� The undgrogu_d dws h-Mb9 COTU17 that.l ! %(o- 41 is a hue and correct c:py 01 tho o'.:iec; Penia:ula Soraupu on La;';' Soldotno. AW= _ J 3 7 of Fotough Gtarl , Kenai Peninsula Borough Ordinance 76-4 Page 9 of 9 Pages , ro� .- _._c —= ---=1�11��`III Illurrr��• -' - - = - - -=. — _- __ --. _.a.-.���'- --- - -- _ --- =- - BOARD OF ADJUSTMENT CITY OF KENAI KENAI PENINSULA BOROUGH APPEAL N0. 75-1 0 In re the ratter of Chester H. Cone, Apeal from denial of Conditional Use STIPULATION Permit by the Kenai Advisory Planning Commission I Chester H. Cone, Appellant a It is hereby stipulated and aqreed by appellant, - Chester H. Cone, that an extension of time for the renderina of decision on his appeal under 20.30.230 (2) of the Kenai Peninsula Borough Code of Ordinances be granted to the Board of Adjustment. The appellant i and the Board of Adjustment understand and agree that the for rendering decision shall be extended until such time as regulations regarding the use of gravel pits in Rural Residential areas are formulated and are put into effect in accordance with applicable lar or fail to pass when brought before the appropriate government body. f - 1 I Chester H. Cone Appellant 0z"."O" a f .�,y✓ axles A. Elson J Navor of the City of Kenai as Chairman of the Board of Adjustment of the City of Kenai 1 i �'.__- .—__' -_ __--_ '_ _ ,I, --I .►. Illl I Ir,IW��.•-..�.-.. -- -�.- �---- ., i�....-> ._I�.�.�IIIII II ._-..� li`« �a�....1 �-" II - - ^--------_-- . I i CITY OF KENAI r1 BOARD OF ADJUSTMENT HEARING KENAI CITY COUNCIL JULY 16, 1975 - PUBLIC SAFETY BUILDING Present: J. A. Elson, H. J. Steiner, A. L. Hudson, 0. L. Thomas. R. I. Morgan, James Doyle and -Edward Ambarian 1. Chester H. Cone - Gravel Pit Expansion Mayor Elson called the meeting of the Board of Adjustment to order to hear the appeal filed by Dir. Chester H. Cone in the matter of his application for a Gravel Pit Use Permit. Mayor Elson read the memorandum prepared by the Legal Department setting forth procedures and legal standards which the Council is to follow in hearing the appeal. City Attorney, Janis Williams, advised the Council to concentrate on the wording of Section 320.30.140(2)(B) of the Zoning Ordinance and also the Councl should render a decision within thirty (30) days after the Board of Adjustment Hearing which was held June 18, 1975. At the end of that Public Hearing the Council tabled the matter of the appeal of Chester H. Cone until a suitable plan for reclamation and restoration of gravel pits had been developed. MOTION: Councilman Morgan moved, seconded by Councilman Steiner, to remove the matter ftom the table regardle::s whether or not those conditions have been met. The City Attorney advised that in order for the motion to be taken from the table it was not necessary that any regulations for gravel pits be passed upon, only that they be discussed. Following Board discussion, the motion was withdrawn by Councilman Morgan with approval of second. Councilman Hudson advised that the reason for his motion on June 18th for tabling the matter was so that the Planning a Zoning Commission could, with the aid of Administration, prepare a plan for reclamation and restoration for not only the two applications being heard by the Council at the present time but for all future applications for gravel pit expansions. Councilman Thomas advised that he had received a call from a member of the Planning a Zoning Commission who had stated that the Commission had not been asked to prepare a plan for reclamation and restoration in regard to gravel pits. i I r . -2- Administration had asked for Planning a Zoning assistance and the Commission reiterated their stand in opposition of any of the permits under consideration being issued for gravel pit expansion but the Commission did request a joint work session with the City Council for discussion and review of the matter. Councilman Morgan stated that he felt the following conditions should be set forth in relation to all permits for gravel pit expansion. 1. The gravel pit owner shall provide cash guarantee of $5,000 prior to the movement of equipment onto the gravel pit site. 2. The gravel pit owner shall provide monthly payments into the cash guarantee fund in the amount of 15% of the price charged for all gravel sold out of the pit. The initial $5,000 cash guarantee may be used for the early quantities of gravel sold. 8. Monies derived from the cash guarantee shall be deposited in an escrow account In a bank located within the City of Kenai. The escrow account shall be in the name of the owner but a Resolution from the City of Kenai shall be required for the release of monies in the fund after restoration of the pit has been approved by the Public Works Director of the City of Kenai. 4. The gravel pit owner shall provide a letter from a locally licensed p y surveyor certifying as to the quantity of gravel removed annually. All costs incurred shall be borne by the owner of the gravel pit. S. Gravel shall not be removed below natural water table. 6. Upon completion of the pit, a minimum of two feet of soil shall be backfilled over the pit area. ?. The completed area where the pit was located shall conform to the natural state of the surrounding area. S. The pits shall at no time be visible to any public street or highway. 9. A natural screen of at least 250' in depth and at least ten feet above natural ground shall be left between the pit and any public street or. highway. 10. In the event that the pit is unused for a period of three years, the land will be restored as before designated within the ensuing year or the cash guarantee fund may be used by the City for restoration of the area. i iia_—�_�:�-= _ =- i •-•.- - _ - - - - --- ---- --- - ----_ --- -- -- ---- - -------'"--_ _ - - - - - - - - 1 -3 I j Councilman Thomas asked Air. Cone the approximate assessed value of the land in question. Mr. Cone replied that it was in excess of $20,000. Cm_anoilman Doyle felt the CouncH needed ,More time to prepare certain cordWors and so forth and should request permission for an extension from Mr. Cone. The City Attorney advised that the thirty day limitation on rendering of decision by the Board was for the protection of the appellant and that the time could be extended by written stipulation of the Board and the appellant. Councilman Thomas agreed additional time was needed but only conditional upon con- currence from Mr. Cone and a time limit to be set not to extend beyond the next regular meeting of the Council. Councilman Ambarian stated a decision in the matter of a gravel pit use permit should not be delayed but decided immediately. Mayor Elson stated he felt the matter should be decided by the Board and once the conditions are promulgated under law, should the applicants for gravel pit use permit so desire, they may reapply for the permits . Councilman Thomas stated he felt that if an extension is not given, it would behoove the Council to go over the requirements of conditions, etc. before any further dis- cussion on the matter. Councilman Hudson stated he felt that a suitable plan for reclamation and restoration could not be formed at the Council Board of Adjustment meeting this evening when it has not been accomplished in the past thirty days since the request was made. Councilman Thomas stated he felt that the City owed it to the people, both the applicants and the residents of the area, to make a decision immediately. MOTION: Councilman Morgan moved, seconded by Councilman Doyle, to take the main motion off the table. Motion withdrawn. MOTION: Councilman Hudson moved, seconded by Councilman Doyle, to end the discussion in regard to gravel pit restoration. Motion passed by roll call vote. Voting yes; Ambarian,,Doyle, Hudson, Morgan and Mson. Voting no; Thomas. Not present for voting; Steiner. MOTION: Councilman Morgan moved, seconded by Councilman Doyle, to take the Chester H. Cone Gravel Pit Use Permit request off the table. Motion passed by roll call vote. Voting yes; Ambarian, Doyle, Hudson, Morgan and Elson. Voting no; Thomas. Not present for voting; Steiner. 1 - - - - - _ _ of �+�� I i i i. .. �..�.....r. �I •11111` •� � sl � � � -4- MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, that the consideration of the gravel pit conditional use permit for Mr. Chester H. Cone be denied. Motion failed by roll call vote. Voting no: Thomas. Doyle, Morgan and Elson. Voting yes: Steiner, Ambarian and Hudson. Councilman Morgan asked if Mr. Cone woyld agree to an extension until the conditions have been set forth for gravel pit reclamation and restoration? Mr. Cone afire ed to the request. MOTION: Councilman Doyle moved, seconded by Councilman Morgan, to set forth a time extension In the decision of the appeal by Mr. Chester H. Cone's application for gravel pit use permit necessary to implement rules and regulations governing the gravel pits in the City of Kenai. MOTION: Councilman Steiner moved, seconded by Councilman Doyle, to amend the motion to state that these rules and regulations be prepared in a joint work session with the Planning & Zoning Commission and the Kenai City Council. Motion withdrawn. Motion passed by roll call vote. Voting yes; Steiner, Thomas, Ambarian, Doyle, Morgan and Elson. Voting no; Hudson. Motion by Councilman Doyle) Mayor Elson stated that he felt the Council needs to address itself to the criteria of whether the benefits to the City in terms of economic development outweigh any adverse effects on adjoining properties as required by the Zoning Ordinance. Councilman Steiner proposed that the matter to set forth rules and regulations governing the gravel pit use permits in the City of Kenai be acted upon in a joint session between the Planning & Zoning Commission and the Kenai City Council. I 2. Robert L. Borgen - Gravel Pit Use Permit MOTION: Councilman Morgan moved, seconded by Councilman Hudson, to take the matter of - Robert L. Borgen's application for gravel use permit off the table. Approved unanimously by Council. .' Councilman Steiner posed the question to Mr. Borgen as to whether or not he would grant the City an extension of time to prepare a suitable plan for reclamation and j restoration. -- Mr. Borgen replied that he opposed the extension as this matter had been pending since April, there had been no objections from adjoining property owners to his application, and the City had presented one delay after another in the matter. w i t I II I I Illi _d I I I I I I I , t 1 _ —5— Mayor 5_Mayor Elson recognized Mr. Ernie Knackstedt who asked special permission from the - "-- ' %ouncu to speak on the matter. The Council unanimously agreed to allow Mr. Knackstedt to have the floor. Dir. Knackstedt stated he had sent a letter to the Council to be read at the public hearing of June 18, and had been advised that his letter had not been read. He stated he was in opposition of the issuance of the gravel pit use permits. MOTION: Councilman Ambarian moved, seconded by Councilman Doyle, that in view of Mr. Borgen's objection to an extension in time in the decision of the appeal, Mr. Borgen's application for gravel pit use permit be denied by the Board of Adjustment. Motion passed by roll call vote. Voting yes: Steiner, Ambarian, Doyle, Hudson, Morgan and Elson. Voting no; Thomas. Mayor Elson adjourned the meeting of the Kenai Board of Adjustment at 8:45 p.m. Respectfully submitted, I .I a Sue . Peter, Acting City Clerk 1 South (central Health Phtnniu� .1111d Development W 1135 W:.St Eighth lWellue Anchortige, Alaska 99501 (907) 273-3631 12th March 1976 Mr, Jim Elison Mayor of the City of Kenai Kenai Alaska 99611 Dear Mr. Elison: This letter will serve to inform you of a public meeting to be held in Kenai at the Kenai Peninsula Borough Assembly Room on March 29th, 1976 at 7:30 p.m. The purpose of the meeting will be to receive 2 consumer nominations for the Board of Directors of the South Central Health Planning and_Development, Inc. The Corporation has already selected a provider director from this sub -area at a previous meeting. It is very important to select two more directors w,ho are consumers. These two persons should be as representative of the area as possible, and will provide rural imput on the Health Systems Agency. If you are interested or know of anyone that is, please attend and encourage others to do so. This meeting can select people who will represent your area in assessing neads and establishing'priorities for funding. I shall be taking the chair at this •ueeting and will receive nominations at that time from the floor, or nominations can be submitted in writing prior to the meeting. Each person nominated must consent to serve,- as well as submit a signed, witnessed biographical sketch. The sketch must be on the form attached to this letter and will serve to establish the consumer role of the nominee. All nominations will be reviewed at the public meeting. The Cook•Inlet Area (which includes the Matsu and Kenai Boroughs minus the ` Anchorage -Area and the city of Seward) will provide nominations for two (2) director positions. These directors must be indentifiable as consumers. The nominations and sketches will be forwarded from the meeting to the Nominating Committee of the Board of Directors for the final selection process, which will occur on April 2nd. Cont'd ... 4 'I V --now—, i 1 A if you desire to submit a nomination to the meeting, please address ' them to: Dr H. Janneck 278-3631 1135 W 8th Avenue, #1 1 r Anchorage, Alaska 99501 Sincerely, -i -H. F.-Janneck, President 1 E SCHP & D, Inc. Board of Directors Enclosure.- Biographical sketch I! _ • i i T � , t f i� 7.1 I F � j � l - — s - _ INFOMIATION FOR CIASSIMCATIM Or ILSA DU BMURS The following questions are designed to classify HSA Director naumaes according to the criteria sot forth in P.L. 93-641. Descript_inns of each classification as they appear in the IhSA Bylaws are included (the fine print). Please read through the entire question- naire then answer each of the starred (*) questions, AND ALL Or ME QUESTIONS IN 717 sEmai WHICH APPLIES ZOO YOUR 00NSUMER OR PROVIDER STATUS. r *NAME * DATE OF BIRTH * ADDRESS (RESIDENCE) * TELEPHONE (HOME) (OFFICE) (Please sign and date on bottom of page'3) * Title/Occupation - * Place of employment -- * Address * Brief description of job duties i DIii'h M r h uv 'x CLASSIFICATION 1. A direct provider of health care is an individual: 7 (a) Who is a provider of health care in that the individual's primary 1 current activity is the provision of health care to individuals or the adninistration of facilities or institutions in which • such care is provided. f 1. A000rding to the above descriL-Y'�ion, are you a direct provider? Yes Iio If yes, answer the following: i ALWL1Wa;r PROVIDER CiASSIFICATION � 2. A provider of indirect health care is an individ•,_,1 who: (a) Holds a fiduciary position with, or has a fiduciary interest in, any entity descrribVd in Sutrlause (b). (b) P--cr-ivcd (either directly or Uirough.his L:e) more than one- } ` tenth his gross annual income from any one or combination of ;{ the following: : (I) fees, or other oonVensation for research into or instruction in the provision of health care; (II) entities engaged in the provision of health care in such research or instruction; I (III) producing or supplying drugs or other articles for indiv- iduals ndivideals or entities for use in the provision of or in research. into or instruction in the provision of health care; 1 (IV) entities engaged in producing drugs or such other articles. (c) is engaged in issuing any policy or contract or individual or — group health insurance or hospital or medical service benefits; or* (d) Is a member of the immediate family of an individual who is a - DIRWr PRMDER or is described in (c) of this section. • 1. Do you or your spouse receive n, ore than im. of your gross annual incam frau any cane or combination of .the following: a. fees or other oanpensation for research into or instruction in the provision of health care, U GLASSt-ICATION Or IVA DOWIDRS Cont' d) Page 2 of 3 b. entities engaged in the provision of health care in such research or instruction, c. producing or supplyinq drugs or other articles for individuals or entities for use in the provision of, or in research into, or instruction in the provision of health care, d. entities engaged in producing drugs or such other articles. If any of the above are "yes", please specify 2. Are you, or a nwrbar of your family, engaged in issuing any policy, or contract, for individual or group health insurance, or hospital or redical services benefits, or belong to any health policy establishing boards or cond-nees? I If either of the above is "yes", please specify 3.. Do you or any member of your hmpdiate family hold a fiduciary position with, or have a fiduciary interest, in any of the follawing: a. the research into or instruction in the provision of health care, b. the provision of health care in such research or instruction, c. producing or supplying drugs or other articles for individuals or entities for use in the provision of, or in research into, or instruction in the provision of health care? If any of the above are "yes", please specify 4; if you qualify as an Indirect Provider, please fill in the following: Your title/occupation Place of employment Spouse's title/occupation Place of employment According to any of the Direct or Indirect qualification, have you been a provider of health care within the last 12 months? Or, do you hold a current license or certificate as a health professional? Specify. If either answer is "yes", you must be classified as a prow idr for purposes of selection. Sherefore, please answer the*.,VV..�r�;.ate provider section. 0 r CIA.SSIrICATION CP ISA DIRDMRS (Cont'd) Page 3 of 3 CLN..%WR Ci.ASSIFICATI0(7 If neither of the provider classifications applies to You, please fill in all of the blanks it t.11- ^ ; c t WI-.. B. Cbnsaw r Directors shill be broadly representative of the social, economic, linguistic, racial poarolations, geographic regions, and major purchasers of . health care in the Area, and shad reside in the sub -areas which they 1. A crosumr of health care is an individual who is a user or potential user of beal.th service, but; rho falls into now of the categories described in sub -section E herein. Consumer Directors &ball include zepresentati.an of, as far as possible.- Labor ossible:Labor Racial/Ethnic Minority Lower Inconn Aged/Elderly Business Yotmg Adult Agriculture, Fbrestry, 1.1ining and Fishing Handicapped Citizens Professional Occupations tt Elected officials frau Geral Purpose Local Government ** Except that elected officials fran g --i purpose local government ` shall not exceed ten (10). - 1. Your oacupati m _-- 2. Average gross yearly inoome (dl-ieck one category) ` Under $8,000 $8,000 - $20,000 Above $20,000 3. Number of dependents 4. Principle language at have S. Race: MILte Black Alaska Native Other - 6. Ec?ucatienal level completed (grana ar school, high school, college, etc.) s 7.' Do you hold (oar have you held) any public elected office (within the last year)? If yes, please specify 8. Organizational affiliations Please return this completed farm to HSA office at: 1135 W Eighth Avenue, #1, Anchorage, Ak 99501 Please call the HSA office (278-3631) for any clarification or assistance you may require. Signatum Date Witness Date MEMORANDUM To: Honorable Mayor and City Council From: Jan Williams, City Attorney Date: March 17, 1976 Subject: Decision on Cone Gravel Pit Permit Appeal You may use the standards set out in the new ordinance (attached) as guidelines in considering the appeal, but your final decision should be made on the basis of the standard set out in the former ordinance under which the application was made. That standard is as follows: 1. The benefits to the city in terms of economic development must outweigh any adverse effects on adjoining properties; 2. A sight obscuring fence or uncleared buffer strip of good appearance shall be provided between such uses and all adjoining public right-of-way. - - ----- - - -- - - - - ---,r -- -,+ - --"W--VA- AGENDA AS MEETING - KENAI CITY COUNCIL MARCH 3. 1976 - 8:00 P.M. PUBLIC SAFETY BUILDING 1 A. ROLL CALL AGENDA APPROVAL i c B. PUBLIC HEARINGS I 1. Ordinance 288-76 - Amending Airport Land Fund. M&O Fund a General Fund 1 2. Ordinance 289-76 - Prdtection of water Resources 2 S. 4. I C. PERSONS PRESENT SCHEDULED TO 13E HEARD - I 3 1. lRr. Biu Rodgers, Jet Alaska Delete 4 2. Chester Cane and Attorney James E. Fisher - RF.: Gravel Pit Permit a. D. NDnF B 1. Mirtatea of the Regular Meeting of February 18, 1978 5 ! 131 COBBESPONDSNCE F. Old: BUSINESS a 1. Council Selection of new Council Member a 2. Fire Department Mutual Aid Agreement - Kenai%North KendISoldotna 6 3. Lease of City Owned Lands - Peninsula Oilers 9 4. Readdionn 76-9 - Borough Assembly passing Ordinance Approving Ord. 289-76 s. 7. 4. NEW BUSINESS 8 1. Bias to be paid - bills to be ratified 20 2. Ordinance 288-76 - Adopting 1976 Renal Municipal Airport Regulations 10 8. Resolution 76.14 - Off Systems Road Funding ll 4. Resolution 76-U - Construction of Gas Pipeline. North Slope to vW18H r II S. Consent to Sublease - William A. Me Miams to Ran Swanson S. Lease of City Owned Lands - Brian L. and Nancy J. Pack U 7. Sublease of Parish House to Russian Orthodox Church 12 s. Rasolutiou No. 76-12 • Supporting 9988 267.50# State Funding for WIS Projects 18 g. Rsadludon No. 76-13 --S....,, ...LL.,,, SB 582. Autharttbuf Band issue of $37 1 000 '000 is 10. Assignment of fease - Thomas R. a Gail Ann Smith to National Bank of Alaska 14 n. Lease of City Owned Lands - Northern Aircraft Sales a Service 14 12. + 13. 8. REPORTS 14 I. City Manager's Report 2. City Attorney's Report 1S s. Mayor's Report la 4. City Clerk's Report 1a 5. Finance Director's Report S. Planning a Zoning Commission's Report 1155 7. XMd Peninsula Barough Assembly's Report I. PIMSONS PRESENT NOT SCHEDULED TO BE HEARD 16 1. Mr. George Navarre 16 2. Mr. Mex Swearingen I6 8. Councilman Walter Sweet Q V --W KENAI CITY COUNCIL - REGULAR MEETING MARCH 3, 1976 - 8: 00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR JAMES E. ELSON PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Richard Morgan, Edward Ambarian, Tom Ackerly, A. L. Hudson, Walter Sweet and James Elson Absent: None AGENDA APPROVAL Council unanimously approved the following additions: C-2: Chester Cone and Attorney James F. Fisher - RE: Gravel Pit Application G-8: Resolution No. 76-12 - Supporting SSSB 267, 50% State Funding for W/S Projects G-9: Resolution No. 76-13 - Supporting SB 582, Authorizing Bond Issue of $37,000,000 G-10: Assignment of Lease - Thomas R. a Gail Arm Smith to National Bank of Alaska 0-11: Lease of City Owned Lands - Northern Aircraft Sales a Service Administration requested, with Council consent, the following items be deleted: C -U Mr. Bill Rodgers, Jet Alaska 0-5: Consent to Sublease - William A. McWilliams to Ron Swanson 0-10: Assignment of Lease - Thomas R. a Gail Ann Smith to National Bank of Alaska B. PUBLIC HEARINGS B -b Ordinance 288-76 - Amending Airport Land Fund, Mao Fund a General Fund Mayor Elson read the title of Ordinance 288-76, "An Ordinance of the City of Kenai, Alaska, amending the 1975-76 Budget for the Airport Land Fund, Airport Maintenance and Operation Fund, and the General Fund:' Mayor Elson asked for further explanation from City Administration. Mr. Lynn advised that a decision had been made to make a contribution to the Care Center which made it necessary for certain changes to be made to the budget. The General Fund makes a donation to the Care Center, the Care Center would pay rent of $9,243 to the Land Fund and the Land Fund would then make a contribution to the Airport Maintenance and Operation Fund. Mayor Elson opened the meeting to the public for their input. There being no comment from the public, Mayor Elson returned the hearing to the Council table. I It &- I __ MWAI CITY COUNCIL, REGULAR BTETING, MARCH 3, 1976 PAGE 2 MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, for the adoption of Ordinance No. 288-76, Amending the 1975-76 budget for the Airport Land Fund, Airport Maintenance and Operation Fund and the General Fund. Motion passed by roll call vote. Voting yes; Morgan, Ambarian, Ackerly, Sweet and Elson. Voting no; Hudson. B-2: Ordinance No. 289-76 - Protection of Water Resources _ Mr. Lynn stated that this ordinance would enable the City to protect its water resources in the Beaver Creek aquifer. A municipality may adopt ordinances to protect its water supply and watershed and may enforce them outside its boundaries. Before this power may be excercised within the boundaries of another municipality, J of that municipality must be given by ordinance. The area as shown in the map distributed by Administration encompasses an area of 50 square miles. This area was selected per recommendation by the USGS . The USGS also feels that Collier's well is in the same aquifer but would not affect the area we are in. Mayor Elson inquired if the boundaries as shown on the map encompass any ail fields? Mr. Aber advised that as far as he knew,there were none. © Mayor Elson opened the hearing to the public. Mr. George Navarre asked what type of restrictions were included in this ordinance. Mr. Lynn advised that the ordinance stated that'it shall be unlawful for any person or other entity to dig, build, drive, drill or in any manner construct a well or otherwise appropriate water from beneath the surface in the 50 mile radius as shown on the map. Furthermore, consent shall not be given unless the Council of the City of Kenai has approved such appropriation. They shall not approve the appropriation N it is likely to have a substantial detrimental effect on the City's 3 water supplyr. I'VE Mr. Navarre also inquired if this area were involving any private property -- existing wells could be regulated by the State and Mr. Navarre questioned the legality. He asked if the City had been given these powers? Mr. Navarre stated he would like to see some representatives from the Division of Water Resources meet with the Council before a final decision was made. Mayor Elson advised that this was initially approached to get additional water rights. It was suggested that the City follow procedure being taken. The State will be the over -seeing body as to whether a permit is issued. There being no further comment from the public, Mayor Elson returned the hearing to the Council table. sssse 1 - . 1 11 111 :1 1 I 11 111111 I III.I flll 1111 n 1 11+11 ffildmw. KENAI CITY COUNCIL, REGULAR MEETING, MARCH 3, 1976 PAGE 3 MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, for adoption of Ordinance No. 289-76, an ordinance protecting the water supply and watershed of the City of Kenai, Alaska, and providing for enforcement of the ordinance outside the city limits. Mayor Elson asked Administration if the City had a legal boundary description? Mr. Lynn advised that it would be the general area as indicated on the map which could be attached to the Ordinance. MOTION: Councilman Morgan moved that the matter of Ordinance 289-76 be tabled until such time the Administration has a proper legal description of the area in question. Motion died for lack of second. MOTION: Councilman Sweet moved, seconded by Councilman Ackerly, that the motion be amended to delete the description of the boundaries as included in Ordinance 289-76 and to incorporate into the Ordinance the attachment of the map outlining the 50 mile boudary and written description of the boundaries as developed from a land map. Mayor Elson stated that this authority is very significant but until such time a legal description is developed, it was his opinion that the matter be tabled. Janis Williams, City Attorney, advised that it was best to have a legal description but as pointed out by the Public Works Director, it would be very difficult to provide the actual legal description on this particular portion of land as the boundaries of laud were so irregular. Councilman Hudson inquired as to why this land was not identified as Administration had been so directed at the last meeting? Mr. Lynn advised that in order to get an accurate description, it would require a survey. Councilman Sweet inquired If a description could be developed from a land map without a survey and Mr. Aber advised that it could. QUESTION - AMENDMENT Motion passed unanimously by roll call vote. QUESTION Motion passed by roll call vote. Voting yes; Ambarian, Ackerly, Sweet and Hudson. Voting no; Morgan and Elson. C. PERSONS PRESENT SCHEDULED TO BE HEARD C k Mr. Bill Rodgers - Jet Alaska Delete KENAI CITY COUNCIL, REGULAR MEETING, MARCH 3, 1976 PAGE 4 C-2: Chester Cone and Attorney James E. Fisher, RE: Gravel Pit Permit i Mr. Fisher, representing Mr. Cane, requested that Council act upon Mr. Cone's application which has been pending since April, 1975. Mr. Cone had been in agree- ment to wait until the regulations had been adopted and was under the impression that the Council would take his application under consideration and resolve the matter. Mr. Fisher further stated that he believed Mr. Cone's application complied substantially H not entirely with the regulations. Mr. Cone would like the matter decided prior to the upcoming construction season. Mayor Elson advised that it was his suggestion that City Administration review the application as submitted by Mr. Cone and verify that it complies with the Ordinance adopting the regulations for Extraction of Natural Resources. If any necessary corrections or additions were required, they could be made at this time and then the application presented to the Kenai Planning Commission for their perusal and at the Council meeting of March 17th, the Board of Adjustment will convene to make a final decision in the matter. Councilman Morgan asked if it was necessary for the Council to act in the capacity of a Board of Adjustment and wouldn't the matter be resolved before the Planning Commission? City Attorney, Janis Williams, advised Council that the new regulations will apply hereafter and the Planning Commission would just be acting as a review board to determine if the applications complied with the regulations. ® The matter of Mr. Cone's application could be resolved by. a Board of Adjustment and does not necessarily have to go back to the Planning Commission. I Councilman Ambarian stated that the new regulations required a definite development plan which is to be presented to the Planning Commission and if this procedure is not followed with regard to Mr. Cone's application, the City will not be following the regulations. Mayor Elson stated that the question before Council to whether or not to adjourn and reconvene as a Board of Adjustment or schedule it for the next meeting of the CoIancil. MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, that Mr. Cone complete his application for gravel pit to comply with the regulations as set out In Borough Ordinance 76-4. The application will then be presented to the Kenai Planning Commission and upon their approval, the Kenai City Council will most as a Board of Adjustment at the regular meeting of March 17th. Motion passed by roll call vote. Voting yes; Morgan Ambarian, Ackerly, Hudson and Elson. Voting no; Sweet. __ - -- t --.w - IWAI CITY COUNCIL, REGULAR MEETING, MARCH 3, 1976 PAGE 5 Mayor Elson instructed Mr. Cone to meet with City Administration and review his application and verify that it meets within the regulations and present his P application and development plan to the Kenai Planning Commission at their next - rea.wAar meetirg. The Council will then act as a Board of Adjustment on the appli- cation on March 17th. D . MINUTES D-1: Minutes of the Regular Meeting of February 18, 1976 There being no additions or corrections, the minutes of the regular meeting of February 18, 1976 stood approved as distributed. ----. R. CORRESPONDENCE None F. OLD BUSINESS F D Council Selection of New Council Vember Mayor Elson declared the meeting open for nominations and asked that Vice Mayor Morgan assume the chair. Mayor Elson then asked for immediate recognition. MOTION: Mayor James Elson moved, seconded by Councilman Ambarian, for the nomination of Mr. Dan Whelan and further requested that the nominations be closed and a unanimous ballot be made for the selection of Mr. Whelan as Councilman for the City of Kenai. Mayor Elson inquired as to Mr. Whelan's willingness to disclose his finances per State of Alaska and Mr. Whelan so agreed. _ QUESTION: Motion passed unanimously by roll call vote. s Mayor Elson instructed the Clerk to administer the Oath of Office to Mr. Whelan. Mr. Whelan was then seated as Councilman. F-2: Fire Department Mutual Aid Agreement - Kenai/North Kenai/Soldotna 7 . Mr. Lynn explained that there had been some question as to certain areas contained in the Mutual Aid Agreement and the City had verified from our insurance carrier that the City would be covered (with regard to item 6 on page 2 of the agreement) . KENAI CITY COUNCIL, REGULAR NZEETING, MARCH 3, 1976 PAGE 6 _ MOTION: Councilman Ambarian moved that the matter of the Fire Department Mutual Aid _ Agreement be tabled until Council has been provided with the amended copies Of the Agreement. Motion died for lack of second. Mr. Lynn advised that no amendments were made but there might be some areas Of consideration which Council might wish to review for changes. MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for the tabling of Fire Department Mutual Aid Agreement, Kenai/North Kenai/Soldotna. Motion passed by roll call vote. Voting yes; Ambarian, Ackerly, Hudson, Whelan and Elson. Voting no; Morgan and Sweet. F-3: Lease of City Owned Lands - Peninsula Oilers Mr. Lynn advised that the area in question is adjacent to the 40 acres recently sold by the City. This area had been designated by the Council as recreational land. The lease is for 55 years and the Oilers will pay assessments. Mx. Lynn did recommended an amendment to Schedule A -- on the 1976 Development Plan item (1) should read "A minimum 3-4" water line.... "and this item also should be listed under the 1977 Development Plan. Councilman Sweet asked if the Oilers should change from a nonprofit organization and go up for sale, what would happen to the existing lease with the City? Janis Williams, City Attorney, advised that there would have to be an assignment to the successor corporation which would require City of Kenai Council consent. Councilman Ambarian stated he did not agree with the length of lease. Councilman Ambarian further stated that the lease should be in terms of 5 year plan and should show the financial situation of the Oilers. The City should also require engineer drawings, enact development, etc. for the proposed plan. Mayor Elson stated that the purpose of the City leasing this property to the Oilers is not primarily to fulfil needs of Oilers but it was his concept that a recreational facility would be developed that the City is not in a position financially to construct at this time. Mayor Elson stated there were some points contained within the lease that -he questioned -- under the 1976 Plan, the Oilers diamond planted but the Little League fields not rototilled until 1977. The City will receive much pressure for the use of the Little League facilities and as this is basically like any other lease, could the Oilers adjust the plan so that the youth of the community will benefit at an earlier stage? Q KENAI CITY COUNCIL, REGULAR MEETING, MARCH 3.1976 PAGE 7 Mr. Robert Peterkin, representing the Oilers, advised that a lot of work is involved and as the Oilers are a non-profit organization they have only volunteer labor. The Oilers would like to advance the Little League facilities at an earlier !stage but it is going to be. a vary close tight fit in order to get the Oilers field in for the 1977 season. Mayor Elson stated that according to the Development Plan, the back -stops won't go in until 1978 -- U this is the case, they won't even be able to be used as a practice field until that time. Mr. Peterkin advised the Council that the Oilers will need the 1977 season in order to finance further developments. Council voiced some concern with regard to the usage of the facility and who would regulate such usage, how much public access would be permitted, etc. Mr. Peterkin advised that the regulation of usage by the public would pertain to the Oiler's diamond. Councilman Hudson asked that the proposed map of the plan of the facilities be put up for Council review. Mr. Peterkin complied and also advised the Council that the only fenced area would be around the snack bar, etc. There would be no fencing around the parking areas but small barricades would be placed as gates to control the flow of traffic. Councilman Hudson inquired as to a matter that had been discussed in the past of moving the football field from the FAA housing area -- and would such a move phase the FAA fields out? Mr. Peterkin advised that the football field could be Included, however, the area is not quite suitable for a football field but the facility would be available for their use. Councilman Morgan stated he personally felt that the football fields would require a larger space and could be adjacent to the Little League Baseball fields. It was in the Oiler's by-laws that monies earned would be used for youth activities. Mr. Peterkin reminded the Council that this facility would, in fact, belong to the City. Mayor Elson stated then what the Oiler's are asking is for exclusive use of the facilities during a specified time? Mr. Peterkin advised that this was the intent. MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, that the matter of the Peninsula Oiler's lease of City owned land be scheduled for a public hearing at the next regular meeting of the Council and that Administration be instructed to advertise the public hearing as such. Councilman Morgan stated that he would oppose this as the matter had been before Council for several weeks and this would be only another delay and Councilman Morgan could see no logic in holding a public hearing when this was not required on other leases of City owned property. IENAI CITY COUNCIL, REGULAR MEETING OF MARCH 3. 1876 PAGE 8 _ Councilman Ambarian asked if the Oilers had made a survey as to the residents In the vicinity of the proposed baseball facility as to these residents feelings about the location, etc.? Mr. Peterkin advised that they had not. , Councilman Sweet stated he would also oppose the motion as the City was basically talking about leasing City owned lands and holding a public hearing on such a request had not been a procedure followed on past matters of leasing City owned = lands or facilities. . Councilman Hudson stated he felt strongly about a public hearing as this is a piece of land worth a great deal of money and it is the Council's job to get fullest use of land and with public input could weigh all aspects of the matter. Councilman Sweet stated he felt a precedent would be set wherein any time I u a lease of City owned lands came before the Council, a public hearing on the matter could be set. QUESTION: Motion failed by roll call vote. Voting no; Morgan. Ackerly, Sweet, Elson. Voting yes; Ambarian. Hudson and Whelan. i - MOTION: - Councilman Sweet moved, seconded by Councilman Ackerly, for the acceptance = of the lease of City owned lands for the Peninsula Oilers. {! Councilman Ambarian stated that he would still like to see the type of facility , that was to be built as it would not take too much time to present a detailed development plan. Councilman Morgan stated that the Planning Commission had already passed the application and development plan as submitted by the Oilers. Councilman Ambarian advised that questions were raised during the Planning Commission meeting as to additional and more specific Information. = Councilman Whelan stated that he would not be able to vote on the acceptance of the lease without further study. Mayor Elson stated he was still not satisfied as to the development of the Little League fields. The Council also must keep it mind that this development plan Is only for five years and after the five years there will be a new group of i individuals involved (new Council members, new Oilers Board members, etc.) and these people will need a definitive document to work from with regard to the lease and development plan. Councilman Morgan inquired as to who had drawn up the lease? Mr. Lynn advised T that the City Attorney had drawn up the lease after conversations with the -- Oilers and City Administration. i I KENAI CITY COUNCIL, REGULAR MEETING OF MARCH 3, 1976 PAGE 9 j E Councilman Morgan asked for comments from the City Attorney. Miss Williams stated she would like to change some points and amend the development plan, etc. QUESTION: Motion failed by roll call vote. Voting no; Ambarian, Hudson and Elson. Voting yes; Morgan, Ackerly and Sweet. Abstaining, Whelan. MOTION: Councilman Hudson moved, seconded by Cduncilman Morgan, that the lease of City owned lands by the Peninsula Oilers be included on the agenda of the next regular meeting of the Council and in the interim period, representatives from the Oilers work with City Administration to work out some of the questions raised by Council. Councilman Morgan moved to amend, with consent of Councilman Hudson, that a public hearing be held at the same time concerning the lease. Councilman Ambarian advised that he had talked with several people and they indicated they felt the City should not get involved in such an arrangement when the City is not in a position -- thus the request for public input. Councilman Morgan stated this attitude discouraged him as the Oilers were made up of people in the community who are trying to put in a facility that will be beneficial to the City. Other cities in Alaska have backed this type of arrangement and the City of Kenai has been better off financially because of the existence of the Oilers. One of the complaints aired is that the Oilers will have too much authority and control this had been a request of the City Administration that the Oilers assume responsibility for the facility as the City is unable to do so at this time. QUESTION - AMENDMENT Motion passed by roll call vote. Voting yes; Morgan, Ambarian, Ackerly, Sweet, Hudson and Wheland. Voting no; Elson. QUESTION Motion passed unanimously by roll call vote. F-4: Resolution No. 76-9, Borough Assembly passing Ordinance approving Ord. 289-76. As Ordinance 289-76 is to be amended it was the unanimous decision of the Council to table Resolution No. 76-9. G. NEW BUSINESS G -b Bills to be paid - bills to be ratified Mr. Lynn advised that these were routine and budgeted items and recommended approval. KENAI CITY COUNCIL, REGULAR MEETING OF MARCH 3,1976 PAGE 10 s MOTION: Councilmen Sweet moved, seconded by Councilman Ambarian, for the approval of those bills to be paid and the approval of those bills to be ratified. Iftfion passed unanimously by roll call vote. G-2: Ordinance No. 290-76 - Adopting 1976 Kenai Municipal Airport Regulations Mayor Elson read the ordinance. "An ordinance of the Council of the City of Kenai, l Alaska. adopting the 1976 Kenai Municipal Airport Regulations. Whereas, these I regulations will serve as the regulator power for the Airport Manager or his =1 designated representative, and Whereas, prior regulations were adopted by the 11 4i Airport Advisory Commission and have since become outdated, and Whereas, these f regulations, as amended, are a necessary tool in the proper management of the Kenai -- - Municipal Airport. Now, therefore be it resolved, by the Council of the City of Kenai, Alaska, that the 1976 Kenai Municipal Airport Regulations are hereby adopted as the regulatory authority in the management of the Kenai Municipal Airport. " Mr. Lynn advised that these proposed regulations were an up -date on the Airport Regulations. There are still some areas that need to be clarified before final acceptance of the proposed regulations. Councilman Ambarlan agreed that there additional changes, etc. that needed to be included as well as inclusion of the Float Plane Basin. Councilman Ambarian suggested Council hold a work session before the next mewing in order to incorporate all changes, etc. before final passage. Council will hold a work session Wednesday, 141 rch 10, 1976, at the Kenai Public Safety Building. at 7:30 p.m. MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for the introduction of Ordinance 290-76, adopting the 1976 Kenai Municipal Airport Regulations. Motion passedunanimously by roll call vote. 0-3.Resolution 76-10 - Off Systems Road Funding -� Mayor Elson advised that this resolution came about because of Mr. Spoke"s visit to the Council wherein he stressed the urgency in requesting the continuance of R . the Oft Systems Road funding. t MOTION: - Councilman Ambarian moved, seconded by Councilman Morgan, for the adoption of - Resolution No. 76-10. Off Systems Road Funding. --- ! Motion passed unanimously by roll call vote. ,5 4j KENAI CITY COUNCIL, REGULAR MEETING, MARCH 3, 1976 PAGE U 0-4: Resolution No. 76-U - Construction of Gas PIpeline, North Slope to Nikiski Mayor Elson read Resolution 76-11, "A resolution to encourage the construction of an all -Alaskan Gas Pipeline route from the North Slope to Nikiold terminus. Whereas, there is a considerable reserve of natural gas to be found on the North Slope of Alaska, and Whereas, there to a concurrence of opinion that this gas could effectively be piped by an all-Akaken route to a terminus at Nikiski, Alaska, and, Whereas, this route would derive the State bf Alaska and its citizens a considerable revenue, and Whereas, this route would promote the safe and expeditious means of delivery of needed natural gas to the rest of the United States. Now, therefore, be it resolved by the Council of the City of Kenai, Alaska: encourages the construction of an all-AULakan gas pipeline route from the North Slope to a Nikiski, Alaska terminus." MOTION: Councilman Sweet moved, seconded by Councilman Hudson, for adoption of Resolution No. 76-11, construction of gas pipeline, North Slope to Nikiski. Councilman Morgan stated that he had heard that this activity was a "divide and conquer" to avoid the construction of the pipeline to Valdez and encourage the development of the pipeline through Canada. Councilman Morgan stated he would be opposed, at this time, to the passage of the resolution. MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, to table Resolution No. 76-11, construction of a gas pipeline, North Slope to Nikiski, until further information is acquired concerning the matter. Motion passed unanimously by Council 0-5: Consent to sublease - William A. McWilliams to Ron Swenson Deleted •O-6: Lease of City Owned Lands - Brian L. and Nancy J. Peck Mr. Lynn advised that this was a renewal of the lease for Brian L. and Nancy J. Peck for Lots 7 and S. Old Aircraft Apron, Kenai Municipal Airport. Administration recommends approval. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for the approval of lease of City owned lands to Brian L. and Nancy J. Peak. Motion passed unanimously by roil call vote. use-.. .L /•.�..,� L� � r1. •v - - I I -- III 1 00000000- KENA1 CITY COUNCIL, REGULAR MEETING, MARCH 3, 1976 G-?: Sublease of Parish House to Russian Orthodox Church PAGE 12 Mr. Lynn advised that when the City put water and sewer lines by Ft. Kenay, the assessments on the property were so high that the church requested lease to the is now requesting that a portion (lying to the west of the fence) of the land be sublet back to the Church so that they can obtain a loan to improve the parish house. Administration believes the City has no need for that portion of the property and would recommend approval. Mayor Elson recognized Mr. Alex Shadura, who was representing the sublessee. Mr. Shadura advised "that there had been some misunderstanding as the Church did not want a lease in the beginning but the City wanted federal funding for the Ft. Kenay complex and put pressure was on the local parishoners to lease this land to the City. It was also in error that the parish house was included in this lease agreement. The Church is now trying to make the home more liveable so that the priest and his family could reside in it. At this point, the Church cannot continue with construction until they have the sublease document in hand to be taken to the bank to secure a loan for the purpose of remodeling. Mr. Shadura also stated that he felt it was time that the City rectified past injustices to the parishoners during the time the original lease was formalized. " Councilman Ambarlan asked if the land in question had ever been appraised. Mayor Elson advised that as for as he could recall, it had not been. Councilman Ambarian also inquired if the City would get into trouble with the Federal agency that issued the grant if we returned a portion of the land? Mr. Shadura stated that he talked with former Governor Egan who advised that the funding had been a one-time situation. Councilman Ambarian asked if it would not be more feasible to give this portion of the land back without entering into the sublease agreement? City Attorney, Janis Williams, advised the other alternative would be to write to Washington to see if they had any objections to this transaction and this might mean at least six months before a reply ' back was received. Councilman b+organ suggested more investigation be made into the matter -- i.e. water lines, etc. Mayor Elson stated that the City had done some reconstruction work to the parish house. The Mayor also stated that he would like to see that portion deleted from the sublease agreement which refers to the ......"City has not so reconstructed the • Old Parish House......" Father Kreta from Kodiak spoke in behalf of the proposed sublease and stated that in as much as the City had the right to sublease, he did not feel there would be any questions arise from the Federal Agency -- Ft. Kenay to not in jeopardy with this transaction. City Attorney, Janis Williams, advised there were some minor changes such as the name of the sub -lessee, etc. MOTION: `- Councilman Ambarian moved, seconded by Councilman Sweet, for approval of the J sublease agreement as amended per recommendation by Administration and also with further investigation into those areas as requested. Motion passed unanimously by roll call vote. 1 KENAI CITY COUNCIL, REGULAR MEETING, MARCH 3, 1976 PAGE G-8: Resolution No. 76-12 - Supporting SSSS 267, 50% State Funding for V/S Projects Mayor Elson read Resolution No. 76-12, a resolution supporting SSSB 267 authorizing 50% state funding for water and sewer projects. Whereas, SSSB 267 would authorize a thirty one million dollar ($31, 000, 000) bond issue be placed before the voters of the State: and Whereas, the City of Kenai would be eligible for 50% funding on current and proposed water and sewer projects. Mr. Lynn advised the Council that this Bill'was presently before the Legislature and appeared it will be approved for placement before the voters -- the final exact amount of money may be in question. Passage of this would increase the amount of grant the State could make to a municipality from 25% to 50%. MOTION: Councilman Hudson moved, seconded by Councilman Ambarlan, for adoption of of Resolution No. 76-12, supporting SSSB 267, 50$ State Funding for Water/Sewer Projects. Motion passed unanimously by roll call vote. G-9: Resolution No. 76-13, Supporting SB 582, Authorizing Bond Issue of $37,000,000 Mayor Elson read to the public Resolution 76-13, A resolution supporting 8B 582, Whereas, the Legislature Interim Committee has recommended passage of SB 582 which would authorize a bond issue of thirty seven million dollars ($37,000,000) be placed before the voters and: Whereas the City of Kenai would be eligible for at least five hundred thousand dollars ($500,000) for construction of a port facility; and Whereas, Kenai would be designated a port of entry which could result in lower fuel, food and materials prices. Mr. Lynn advised that this particular Bill would enable Kenai to possibly receive $500,000 in addition to the $650,000. MOTION: Councilman Sweet moved, seconded by Councilman Whelan, for adoption o • Resolution 76-13, SupportingSB 582, Authorizing Bond Issue of $37, 000, 000. Councilman Morgan inquired as to where all the monies would be designated as $37,000,000 is a great deal of money. Mr. Lynn stated in his opinion, it would probably be used in Anchorage. Councilman Morgan also inquired as to what the Kenai Harbor Commission was working on and was advised by Mayor Elson that they were, among other things, studying the feasibilty of possible docking facilities. Mr. Lynn did advise that this resolution is for specific docking facilities for Commercial type enterprises not small boat harbor facilities. QUESTION: Motion passed unanimously by roll call vote. Council directed Administration to send a copy of the resolution to the Kenai Chamber of Commerce. I .ail �i• I i � • �ii�11,1 II 11111■ ill II I r Y 'll III II' I I I I I_ili, I L+ i KENAI CITY COUNCIL, REGULAR MEETING, MARCH 3. 1976 PAGE 14 G-10: A!!Iffronent of Lease - Thomas R. a Gail Ann Smith to National Bank of Alaska Deleted G-11: Lease of City -Owned Lands - Northern. Aircraft Sales and Services Mr. Lynn advised that this lease was for Lot 1, Block 2, General Aviation Apron, and had been requested by Jack Peck and Jack Peck, II d/b/a Northern Aircraft Sales a Service, a new business on the airport. Administration did recommend approval. Councilman Ambarian suggested that the form for lease of Airport Lands or Facilities be amended to require that the Lessee comply with the 1976 Kenai Municipal Airport Regulations. MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, for approval of lease for airport lands or facilities to Jack Peck and Jack Peck, iI d/b/a Northern Aircraft Sales a Service. Motion passed unanimously by roll call vote. H. REPORTS 11-1: City Manager's Report (a) Mr. Lynn introduced Mr. Ross Kinney from the Fairbanks -North Star Borough who has applied for the position of Finance Director for the City of Kenai. (b) Mr. Lynn stated that the City was working right ahead on budget preparation. Mr. Lynn did request some input from the Council as he advised that due to the budget calendar, Administration would have to table some matters as requested by Council as there was not enough staff available. Councilman Ambarian inquired as to specific items the City Manager was referring to and was adised by Mr. Lynn that the Council had requested additional information on the Nildski Pipeline, etc. -- those items that are not dire to day-to-day business. Councilman Ambarian asked exactly how much overall staff time was involved in the budget and Mr. Lynn stated that the Department Heads are to have Ibbe proposed budgets in by March 12th. Councilman Morgan inquired as to the status of the Capital Improvements Budget and Mr. Lynn advised that it was about three months behind. Councilman Hudson stated that it was his feeling that the day -today operation of the City has to go on in spite of certain priorities and would hope that the City Manager would use his good judgement to make the decisions as to the priorities. Councilman Morgan asked that additional information be submitted to the Council regarding HB 752 a" how it might affect the construction of an Industrial Water Line. I 1 KENAI CITY COUNCIL, REGULAR MEETING, MARCH 3, 1976 PAGE 15 H-2: City Attorney's Report With regard to the PEP suit, the City, of Kenai has been sued. The complaint and the exhibits set out names of employees, etc. The City of Kenai will be joining the Bonding company and the City Manager who was employed during the PEP Program as third party defendants. City Attorney Williams requested that Council approve funds to be used for consultation fees with regard to this case. There is money available in the City Attorney's Budget. MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, that in as much as o there are monies available in the Legal Department Budget for professional services, such monies could be allocated to a consultant in the PEP suit with a limited amount not to exceed $1,000. - r Motion passed unanimously by roll call vote. — H-3: Mayor's Report jMayor Elson stated that its the past on several occasions, he had expressed to Administration that they should proceed "post haste" and implement an Animal Control Program using the funds available. Mayor Elson reiterated this request. H-4: City Clerk's Report None H-5: Finance Director's Report None ' H-6: Planning a Zoning Commission's Report Councilman Ambarian reported on the meeting of the Commission of February 25, 1976 In that the Commission held a joint work session with the City Council regarding the FAA Planning Grant. Other business on the agenda included a Nuisance Complaint Consideration against Kimbrell Welding and presentation of the Development Plan for the Peninsula Oilers. Other agenda matters were the preliminary plat of Spruce Grove Subdivision, Block 3, the preliminary plat on Redoubt Terrace Subdivision, Addition 3; an application for lease of Lot 1, Block 2, General Aviation Apron for Jack Peck and a Reral Residential Conditional Use Consideration for i the American Legion. , H-7: Kenai Peninsula Borough Assembly's Report Councilman Hudson reported that Ordinances 76-4 and 76-6 were passed unanimously by the Assembly. Also introduced and passed for hearing at the meeting of April 6th were Ordinances 76-8, 76-13, 76-14, 76-15 and 76-16. - r� ifr 1 II IT. ■ 11111111 1 11 1111111 1141 I. III II ILII it 1 ��� �• - - - - ---- - EENAI CITY COUNCIL, REGULAR MEETING, MARCH 3, 1976 PAGE 16 MAYOR a COUNCILMEN: COMMENTS a DISCUSSION Councilman Ambarian stated he would like to see Council hold more work sessions so that the City Manager would get a better idea of what the Council wants so that there will not be unnecessary hold-ups on various procedures and projects. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1-1: Mr. George Navarre Mr. Navarre spoke in opposition of Resolution 76-11, Construction of Gas Pipeline from the North Slope to N&Iski as in his opinion this would hinder the State's efforts towards getting a pipeline in Alaska. With regard to port facilities, Mr. Navarre reported that the Coast Guard is considering closing all further dock construction in portions of Cook Inlet. Mr. Navarre also urged the Council to direct something to our Legislature regarding the water/sewer resolution. Mr. Navarre also spoke in support of the Peninsula Oilers and the Board was trying to comply with requirements and the Board is doing a very good job and at all times considering the welfare of the community. Mr. Navarre also stated that he heard reports were coming out of City Hall with regard to former Finance Director, David Chen, in that Mr. Chen was being indicted and was in fait -- these are just rumors. 1-2: Mr. Max Swearingen J Mr. Swearingen spoke in reference to the Peninsula Oilers in that there never has been an accounting of the outcome of the funds. Mr. Swearingen suggested the City prepare this information for the public hearing. 1-3: Councilman Walter Sweet Councilman Sweet stated he would like a resolution prepared to be sent to the Governer opposing his views in wiping out the leases in Kachemak Bay as the City of Kenai has a great deal of knowledge of the on industry and its benefit to the growth of the community. Councilman Morgan concurred with Councilman Sweet and also encouraged the preparation of this resolution. There being no further business, Mayor Elson adjourned the meeting at 10:45 p.m. Respectfully submitted Ql� 4 OQ� Sue,C. Peter, City Clerk LM �•. -sem_..., c .. - w r j ^ I MAL AID AGRMIENT This agreement made and entered into this _/'& day of December. 1975. by and between the City of Soldotna. Soldotna Ambulance Volunteers. the City of Kenai. and the North Kenai Fire Service Area to provide for mutual fire protection and emergency medical services as follows: 1. That the command office of the fire department of any of the participants in this agreement may solicit the aid of any or all of the other members hereto In the form of men. equipment. or materials. In order to fight fires, aid in clean up, or mop up operations or to aid in the prevention of a fire where it has spread and to reader such other assistance as may be necessary in an emergency situation. Z. That upon solfeitotion by any other member fire depart- ment. the department solicited will respond with the equipment. men or material requested. and provide such further equipment. men or materials as may be necessary during the course of the emergency. Such response and request for materials. equipment. and men may in - elude those owned by the municipality and is not limited to that in the control of the fire department. Such a response may be refused if the person then in command of the requested agency determines one of the following. (a) That there to an emergency then in progress which by releasing such requested man, materials. or equipment. would endanger the health. welfare. safety. or property of the Inhabitants of their own protection area. (b) That ii an emergency situation Is anticipated which may require the requested men. materials or equipment. ......... Jim 11 1 1 (a) When the equipment. materials. and/or men re- quested would so deplete the resources of the requested agency as to render it diffloult or Impossible to respond to a normal call. 3. That the requesting agency shall. upon Its request. give concise direction as to the location of the emergency. the men. ti equipment. and materials then needed. and make full. and complete disclosure as to the then known allcumstances and nature of the tire emergency. 4. That upon response with the requested Mon. materials. or equipment should it become necessary to withdraw a portion or All. in order to meet an emergency situation in their own district, such withdrawal may be made in On sole discretion of the command officer of the requested agency. Such withdrawal may also be made In the ode discretion of the highest ranking offiew of the requested AgWW at the sun. ff he should determine that the orders and de- mands Of the Officer thm in charge of the requesting agency we un- reasonable or place said men. equipment. or materials In un - or unreasonable danger. S. That upon arrival of the requested agency at the scene Of the all Min. material. and equipment SMU be turned Over to the command of the requesting agency. and its officer than in chugs of said emergency. 6. That the requesting agency and Its respective mutd- Q1Pft- agrees to Prot"* defend. "V0 and hold harmless the requested agency or agencies from any liability. cause. suit. action. demand, damage. or any Other claim which might arise as a result of or in connection with said response. I. That each Participant herein shall bow his own costs -2- '.r.7 ��-_�i��� __n:,__—_—_.— __-_... .. ,tea,.. i ___ _ ,.� .... "i . Jr�� � .- ,.. _y.r-r..:•.�_-..•.-, _ __ - •�_-_-__ _ _ of the response. and the loss of equipment and material. S. That in providing emergency medical services. any of _ - the parmpams herein may call for emergency medical service upon any other agency and that said requested agency will respond with such equipment. personnel and materials that are necessary. That in- formation as to the loeation.natuse of the service required. and extent. r. • i circumstances and number of injuries known. should be made at the time of the request for aid. d. In a response to the emergency medical request. the agency responding wig do so at no expense to the requesting agency or to the person transported. The agency requested to respond for ; —. — such medical service may refuse it it shall determine that the service requested is then needed within Us own area or a situation is occurring which may require its stroke before the anti- cipsted return of the men, materials, or equipment. 10. In rendering emergency medical services. each party will bear responsibility for its own mets. It. Should it be determined by the command officer of - any of the respective agencies that emergency medical service or mutual aid for An protection cannot be rendered. said official shall i i immediately notify the requesting agency and attempt to supply what- � ever then. materials. or equipment am be released. i 1$. This agreement shall continue for a years from the agreedate of its signing. Any party hereto may withdraw from this —mat upon 20 days' notice. in writing being given the remaining parties. - This agreement entered into by and between the parties 1 0 ,�S w i i above mentioned on the date and yew hereinbefore set out. W tness their hands and scab. CITY OF KENAI TIRE DEPAMIErr 1 By: CITY OF KENAI i 4; By: Roland D. Lynn. City Manager City Council of and the City of Benet. Atsalts By: Mayor of Kenai CITY OF SOLDOTNA FIRE DEPARTMENT �4 By: Approved and Accepted by: CITY OF SOIDOTNA City Couwatl of and the 1 :c a City of Soldotne. Alaska t —I Y, i I. - Mayor L}�l • Chester Davis. Fire Chief ,1 w i i above mentioned on the date and yew hereinbefore set out. W tness their hands and scab. Approved and Accepted by: Board of Directors of Br. Donald E. Gilman. Mayor Kenn! Peninsula Borough .4- CITY OF KENAI TIRE DEPAMIErr By: CITY OF KENAI Approved and Accepted by: By: Roland D. Lynn. City Manager City Council of and the City of Benet. Atsalts By: Mayor of Kenai CITY OF SOLDOTNA FIRE DEPARTMENT By: Approved and Accepted by: CITY OF SOIDOTNA City Couwatl of and the By: City of Soldotne. Alaska Mrs. Lorraine Knight. *War By: Mayor NORTH KENAI FIRE SERVICE AREA FIRS DEPARTSIENT Chester Davis. Fire Chief Approved and Accepted by: Board of Directors of Br. Donald E. Gilman. Mayor Kenn! Peninsula Borough .4- 1�•I�I��I� I■ ILII II 1 I III I IIIA II 111111 II li^I - - v t i CITY OF KENAI, ALASKA j - - - ORDINANCE NO. 291-76 ' i AN ORDINANCE OF THE CITY OF KENAI, ALASKA, AMENDING THE 1975-76 GENERAL FUND AND DEBT SERVICE FUND BUDGETS, AS FOLLOWS: From: General Fund Expenditures Non -departmental - Rentals $ (1,500) Non -departmental - Interfund Transfer 11500 To: Debt Service Fund Expenditures Principal 1,200 - Interest 300 Debt Service Fund Revenues ' ti Interfund Receipts 11500 I The purpose of this Ordinance is to show the annual lease -purchase payment for the dock in the Debt Service Fund rather than the General Fund. PPASSED by the Council of the City of Kenai, Alaska this day CITY OF KENAI, ALASKA JAM A. ELSN, MAYOR ATTEST: " Sue C. peter, City Clerk n FIRST READING: SECOND READING: EFFECTIVE DATE: i r i - f ' L 9 4i CITY OF KENAI, ALASKA ORDINANCE NO. 292-76 AN ORDINANCE OF THE CITY OF KENAI, ALASKA, AMENDING ORDINANCE NO. 273-75 PASSED AND ADOPTED SEPTEMBER 3, 1975. BE IT ORDAINED by the Council of the City of Kenai, Alaska, as follows: The 1975-76 Fiscal Budget of the City of Kenai, Alaska, +., be amended to reflect the following increases: Mater 3 Sewer Revenue Fund, Interfund receipts $7,971 General Fund, Non -departmental Interfund transfers 97 PASSED by the Council of the City of Kenai, Alaska, this day of �'. CITY OF KENAI, ALASKA JAMES A. ELSON, MAYOR i f ATTEST: I Sue C. Peter, City Clerk FIRST READING: SECOND READING: EFFECTIVE DATE: .i I _ w CITY OF KENAI, ALASKA 1' RESOLUTION NO. 76-14 I BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the fol- lowing appropriations of revenues be adjusted within the 1975-76 General Fund Budget: - = 1. Appropriate $73,572 of Unappropriated Revenues. 2. Reduce -the Federal Shared Revenue appropriation by $73,572. ; The purpose of this resolution is to properly account for Federal Shared Revenues. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of March, 1976. -- CITY OF KENAI, ALASKA - JAMES A. ELSON, MYOR ATTEST: s Sue C. Peter, City Clerk — t - - I J I _i � --flow 8201 C STREET. SUITE 270 ANCHORAGE. ALASKA 99503 — PHONE: (907) 277.8581 SEA•LAND dBRvtce, INC. March 5, 1976 City of Kenai , , I C P.O. Box 580 Kenai, Alaska 99611 Attention: Mr. Roland Lynn - City Manager Has Land Lease Lots 6,7,8, Blk 2 C11AP Dear Mr. Lynn, By this date the City of Kenai has received the lease payment for the above referenced parcels through 6/31/76. Our payment includes the base lease cost, taxes and interest, but does not include a penalty charge in the amount of $666.75. Our reasoning for the deletion is that we are unable to determine the basis for the penalty charge in our lease agreement, and Sea-Land Service, Inc. has not willfully attempted to avoid lease payments. We do understand that our payments have been considered late; however, we have paid the appropriate interest charges as spelled out on the face of the lease agreement. We respectfully request that you present our case for non payment of the penalty charge to the Kenai City Council for their review, and possible acceptance. JDa/mk j Sinc9rely, 3. D. Hinchcl f f e'�4 eral Manager 'sGr�1 1 Yi�I-' i i � � I� � I � I IIIA. - - >,h_ 'r.r.�:.'_,..� •- ...f ...+- .�._ ..... _. .. e w SPECIAL USE PERMIT (Not to be used for a period of time in excess of one year) DATE March 1. 1976 i i The CITY OF KENAI for the considerations and pursuant to the conditions and requirements set forth below hereby grants to$ Company Names_ KE!:AI AIRSERVTfE Anthoz£zed representatives Vernon "Bud" Lofstedt Billing Address: P. 0. Box 3721. Kenai. Alaska hlsrtinafter sometimes refered to as the PERMITTEE(S) the right to operate a direct telephone in the Airport Terminal Buildinq for Kenai Air Service 1. Terms This special use permit shall commence on March i, 197( and shall extend to and through February 28. 1977 2. PERMIT FEESs The PERMITTEE(S), prior to the exercise of any privilege granted pursuant to this permit, shall pay for the use or Privilege specified herein a fee as indicated belows a. A total fee of $ 90.00 in full payment for the use of privilege specified .herein. b. A total fee of $ N/A payable in N/A installiepnts commencing on the twat day of the term hereof in the amount of s N/A and additional subsequent installments in the amount of $ n1a payable NIA e. A fee computed at the rate of S N/A per WA d. In addition to the foregoing payments, fees and rents specified above, the PERMITTEE agrees to pay to the City N/A 3. RIGHT OF ENTRY: Entry and occupancy is authorized as of the tet day of , and the firse payment shall be aompu+ted from sivae. 4. PLACE AND TIME OF PAYMENTS: All payments shall be made on or before the date due to the City Clsark, City Administration Building, Kenai, Alaska, or by mailing to the following addresss City of Kenai, Box SBO, Kenai, Alaska. 5. USEs The use by the PERMITTEES) of the premises described above is limited to the purposes specified herein and is not intended to grant an exclusive us& to the described premises unless otherwise provided above. This use is also subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the premises and of adjacent and contiguous lands or facilities. i ! n 0 C 4 a . II I'"" I I ! ...•t ...... , .�-..0 ., i i � � u r � I rl l�rlr — _- - I --u - _ E ' 3 1 I j 6. POREBEARANCBi Failure to insist upon a strict compliance with the terms. conditions. and requirements herein contained, or referred E to. shall not const:cute or be construed as a waiver or relinquishment ' of Via right to exercise such terms, conditions or requirements 7, REGULATIONS: The exercise of the use granted herein is at all times t3 b! subject to the regulations governing the Kenai Municipal Airport titled Rena% Municipal Airport Regulations," issued in 1964 - By signing th.a permit. the PERMITTEE acknowledges that he has received a copy of said regulations and has familiarzied himself therewith and i will comply with the requirements fo said regulations, _ S. SOLICITAT:ONSt Solicitation of donations or the promotion or operation of any part or kind of business ro commercial enterprize not coutemp}a•sd by this special use permit upon, in or above airport lands j without the written consent of the City, is prohibited, _ 9. REMOVAL Of xri..rZriYi. Any or all personal or real property placed or used upon lands or in facilities in violation of the preceding prohibitions may be removed and/or impounded by the City of Menai, and E,• when so removed and/or 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, , ` CITY OF KENAI i BY. PERMITTE BY • .Approved by the City Council on i �•ni_ Mayor tf . • k t�j t i E fl moi•+ 771 - COASTAL -GAMBLE J. V. GENERAL CONTRACTORS d. — �"%I AR=IC OLVO. • ANCNORAOL. AL"KA 99502 • PNONL 270-7531 ` 272.20•! � 1 4 March 1976 Job #75-4 City of Kenai _ P.O. Box 580 Kenai, Alaska 99611 _ I Reference: Kenai Community Library j Kenai, Alaska -- - +i Subject: Partial Payment Estimate #3 - Gentlemen: Transmitted herewith please find the original and four copies of our partial payment #3 to the amount of $32,774.83. In addition we are enclosing one copy of invoices for the materials which have been received and stored since our last estimate. Most materials shown on the enclosed summary of stored materials are stored in our Anchorage warehouse and are available for inspection. We sincerely hope the enclosed payment estimate meets with your approval. 1 Yours Truly: ; COASTAL -GAMBLE J.V. Oemoine J. Gamble i' OJGlsw Enclosures - - - - - - Y{ - ----- • S L. Tt•,:, r` �1 I'",► !'b APPLICATION AND CERTIFICATE FOR PAYMENT �r� }ltxl>>tE� t,.�►� rRom is Kenai ('tluuut,nity cullege 1hi ttitt< i lane, Knorr A Plunkett ? •as„e•..illtlle•.,• �,t•n.,i. rliask•1 �t:t : tt:t t • • .t 'tt( t ',t ) 7ftO1 lil •r)tcRt•cs City of K£nei t ts�.itµ Iftt;- COASTAL—GAMULL J.V. P. d. Box SRO Ketlai. Alaska 915611 < ONsKlic I Ic:; general Construction APN ICA110N DAV 2 March 1976 A111111( 3 Roland D. Lynn 1•wol) IRO.,v 1 December 1975 io i March 1976 f I i S%t'E K)Ri of titit`.1 t.K', 1i i ri, .11i'm t% t•:.•t?i• fes• 1'ae met•., t, ,i t .: r. h, :n , , m , , mn••, to •n t: t!h Tho f tontt.ir t, Continuation Sheet, AIA Dixarnent G70 A • t.. if ia•c} ,r s• ar gnl,•r. a:gsa .rn lH ':)'ri.li tN, c �lut)t•t !PONS y i•i ist.•tntu• uustttt., ns { i t • P -.--nit: ,+ •t,:. tot t};. •s.. •sii'tt r st #psi, t •sr't.ot t i. a+ iris ,.. < c�Rlc,TNAL ruNIRAc_T sLM ......... .. ...... _ _ 49E.110O..tls1. ii.': ,+jnt•ttt { tsa•.):..ctr• ��—.._ j let change by 0milge Ofdc............ .. .t. ..5 +•late _. _ I t # C'O%TRACT SUM TO DATL ....... .. . 5- 44a.40.0.00 ENTAL c.OtMPLI EEU & STORED To DATE ........ tw— ._..- • _.__ __ __._ ___.-..« t :t.r.'umn is .t: t,i• IA: 1`�s1iyf i. - Tf)TATS RETAINAGE _.. W _ .% .. ....... ..... ... . .. %m thanpn h) if hani•t• Order S_._.. __ ._ _ ,.._ ._.._-._- tit as noted in t tolumn 1 on f.702A TOTAL EARNEi) IESS RETAINAGE .... .. '4 .. _ _ M2.807.03 --- --_ "ate -it t':w•sty tot 110.o31�zo it•.• t •,•s..n,s Hitt rim*ear tin t+rt.tte•t taut the Y.'•xT n;t tett 1.-,f flit Ai n# LESS PRTVTt)t15 f,ERTIFTCATE5 FOR PAYA!ENi ----- -- ii t•a Vaynu it l.a• iit, is t„mpb•q•ei in .teemAsun• w t:, p t• Crstlrt tet t nit, , tlwt a:# at...u,.t* t,..:+: i,t.•es twat I,r halt fort %%.•ek h.r which 32.774.23 i••••'.h CeKtdttate, 110 1`4%1t-0 11 u:•••. i•:aterf and payent.n•• wtsw-I tram CURRENT PAYMENT DUE . i 5 _ lite Owner, and that the• rara•it# payntrnt •.1tem” *left- +t is ttttir thu•. t'ZO (.tont•... tot, COASTAL.-GAidl3 J .1r . `.eshwvPl and swt• ) F.r ttNP ms• f{i t � s� t.t 1�:fgiit,{� t9"f L tirstary #'ulstit 3 March 1976 Mt Cammnvnn t.piu+* l�1it✓` :7<.o t t4?�f = _ -_ a - Y _. _ — In attt.rdanee asth Sts- Cmil ut ,mel this Apphtattun !nr Payment the Contrattur n rntille d to Payo,•nt in thn.mtteunt sht,wn aro sv � j l l AVNI R t +vu IitIIc I A•t h.fvd. j ; t f W RA( IOR Rs to rt ti.. t:r ohs• a:ur ranter! hrn•in t 1. y i u' ,. .• • n ra If" < .•g . , t .ear„ t•.r ue.•:• r 1#w,s t •,ntra.' i t...' . tsf=e.•tr i. not m eta at.:e, ga:ah i• r.. p and ,t . ii, rano•. .t ment at•d at ce haute• @tr-ithni.t pm t, • P' { AtA 0oCL'MENT GiO: • A•"Pt!t •APON A*4D Usttf)ICATI FOR rATMINT • MARCH 1471 10111ON • AIA+!➢ ! 14)'l + THE A'stERfl.A% tol,0110 it Of ARCtttTECtS. 1715 NEW YORK AVE., N.W.. WASHINGTON, U e .210004 e . t - I 1 t Y P i CONTINUATION SHEET AIA 0001A.If N1 %(12A r�Gt ?. CH 2 PAGES AIA fhuume-tit CO2, APPIICATION ANIr ( LRi1FWATI I(1R PAlsA11I ; e..nta.mng CONTRACTOR'S signed Certification is attached. ANI'1ICATION NIMPtlt 1 In talwlatums helr,►v, amrrunts are statvtf Ili tiro nejje%1 doMir Use Column 1 on Contracts where variable vi.tin.ige for ::rte •I,•!m re.,,. Ak(•ii!rt( I•% rvi slit l No - = (TIM M(AlilitOk 41t WORK U HtUtrlfO tU....,1�rt.Iifr� � 1 i• itni i . -Yrii iii? [tit. i 1.41 %Ne I � ut IA %VA I No. VAI(:[ i'r-.u•. Tiva ltrlt� ; atr)Ittp TO IIAlf= tie 1M1*0 A B (. �: {� .• Y A{,plre.ahon 1 t.0 • I i I • - tilt t.. I !> 1 1 y " 1. Earthwork 59.962.00 .40.115.00 -0- -0- 40,175.00 67 19,787.001 2. Asphalt Paving 16.387:00 -0- -0- -0- -0- 0 16.387.00' j 3. Concrete & Reinforcing 44.355.00 15,524.00 -0- -0- 15,524.00 35 28.831.001 4. I4asonry 4A.998.On 43,998.00 -0- -0- ' 43,55[[.00 99 440.001 5. Misr. Metals 3.119.00 623.0? 1.716.00 ( 491.[}0 2,790.00 89 329.001 6. Carpentry 32,672.00 -0- 6.534.00 1 -0- ; 6,534.00 Zo 26.138.00+ i 7. Heavy Timber Const. 36,591.00 -0- 36,591.00 i -n- 1 36,591.00 1100 -0- ! 8. Finish carp.,wd. doors I r 1 windows 16,785.00 -0- -0- 1 1.003.59 1.00.3.59 6 115,791.411 - 9. Insulation & V.B. 6.457.00 645.00 -0- -0- l 645.00 1 10 5.812.00 10. Roofing & flash. &W.P. 19.996.00 600.00 -0- ( -0- 600.00 3 119,396.001 __ 11. Hollow Metal Wort: 3,604.00 -0- -0- -0- ` -0- 1 0 1 3,604.00; � 12. Finish Hardware 4,194.00 -n- -0- i 2.602.25 = 2,608.25 62 f 1,525.151 13. Glass & Glazing 1.960.00 -U- -0- ! -0- 1 -0- i 0 1.960.00 14. Gypsum Wallboard 6,597.00 -0- -0- -(,- 1 -0- l 6,597.00 1 } 15. Floor, Carpet & Marlita 11.593.00 -0- -0- -0- -0- .0 4 111,593.001 t 16. Pais,* & 'aping 15.53r .00 -Q- -0- -0- ' -0- 0 15,5',61.001 17. Building Spec. & Equip 6.724.00 -0- -0- 2,141.64 I 2,141.64 ! 32. 4,582..36 18. Cabinets 7.644.00 -0- -0- l -0- ! -Q- 0 ! 7.644.00 19. Mechanical 76,054.00 3,802.00 -0- � -0- � 3,80'1.00 � 5 172,2.52.00 � 20. Electrical 33,778 00 675.00 2,027.00 -0- ; 2,702.00 P. 31,076.00 ' •: ., 1 1 I � I T + SUB TOTAL OR TOTAL_ 105.602.00 + 46.868.00 1 6,204.48 1158,674.48 l 1289,325.52 AIA DOCUMENTG702A • CO\Ti%vAll(!K $Hill • MARCH 14'! [01110` • AIAi • - 1971 THE AMERICA% INSTITUTE Of ARCHIffCTS. 1735 NEIV YORK AVE V.W., WAS!4I%(:TO�;. O. C 2001+6 - -A'-- low -i + Y 4 COASTAL -GAMBLE J.V. GENERAL CONTRACTk,dS 6011 ARCTIC BLVD. • AVCMCRAGE. ALASKA 9?5 • p•t.7 •.L 27'r 76t1 :71::97 - Kenai Community Library w Kenai, Alaska Summary of Stored Material . Payment Estimate No. 3 i - Period Ending February 29, 1976 _ A Previous Stored Material 16.656.00 •y' Less Material Used �6.2U5.(1G y 451. Uri p Received This i'ericd: - ®Material Arch. Metalcrafters 750954 594.75 - Sea-Land =.99241:a?S 55.75 '-_ --: Pella Products 4 W.7.00 -i Sea-Land #992-S'S217 Mosler 31.32 i r Sea-Land P992-SPS512 26.75 Builders Hardware zV:,, 57 Z,Oi U.UO Builders Hardware =84877 550. Jo � Sea-Land &992 1.�:: +` Sea-Land &992 386606 'S. 7! Zesbaugh-Thomas =r056 65. or) _ Sea-Land 4992-tSS /2o '6.,,,*. . i Sea -Laid =sir"- 4417 r N. 4. Assoc. =13i -; i Sea-Land tea%•� " '•ir r A 6 •?r14. 4t• - 7� ? 4 KENAI PENINSULA BOROUGH AGENDA FOR REGULAR ASSEMBLY MEETING MARCH 16, 1976, 7:30 P.M. BOROUGII ADMINISTRATION BUILDING P. 0. BOX 850 SOLDOTNA, ALASKA 99669 - A G E N D A- ASSEMBLY A. CALL TO ORDER AND ROLL CALL Hamrick Hudson B. PLEDGE OF ALLEGIANCE AND/OR OPENING CEREMONY Johnson Lutz C. AGENDA APPROVAL Mika Mullen D. MINUTES: March 2, 1976 O'Connell Oldow E. ORDINANCE HEARINGS: Cooper Corr (a) Ord. -76-5 "An Ordinance Providing Real Davis Property Tax Exemptions for Residential Douglas Property Owned and Occupied by Resi- Elson dents" (with letters from City. of Homer Fields Assemblymember Corr) Fischer Hamilton (b) Ord. 76-9 "An Ordinance Making a Supple- mental Appropriation of $240,000 to Capital Projects from the Federal Revenue Sharing Trust Fund for Construction on the Borough Office Building of the Kenai Peninsula Borough" (c) Ord. 76-10 "An Ordinance Providing for selection by the Assembly of an Acting Assembly " Lcr to rill a Vacancy In a Seat Representing Areas Outside of First Class Cities" (d) Ord. 76-11 "An Ordinance of the Kenai Peninsula Borough, Confirming the Results of the Regular Election Held Therein on October 7, 1975, Authorizing the Issuance of Not to Exceed $8,000,000 of G.O. Bonds of the Borough to be Used for Constructing and E uipping a New Seward High School; Providing for the Issuance and Sale of the Entire $8,000,000 of Such Bonds; Fixing the Date, Form, Term, Maximum Effective Interest Rate, Maturities and Covenants of Such Bonds; Pledging the Annual Levy of Ad Valorem Taxes Without Limitation and in Such Amounts Suf- ficient with Other Revenue of the Borough Available for Such Purposes to Pay the Principal Thereof and the Interest Thereon and Pledging the Full Faith and Credit of The Borough to the Payment of Any Indebted- ness so Incurred; and Providing for the Sale of the Bonds" (e) Ord. 76-12 "An Ordinance Making a Supple- mental Appropriation to the Capital Projects Fund in the Amount of $7,910,000 from the Proceeds of the Sale of $8,000,000 of G.O. Bonds for the Constructing and Equipping of a New Seward High School, and for Making a Supplemental Appropriation from Surplus Funds of the Borough to Capital Projects in the Amount of $15,600 to Provide for the Cost of the Sale of Said Bonds" 4 10.66 10.67 7.S 9 11 9 7.S 10 9 9 9 10.67 9 9 9 Mow AGENDA FOR MARCH 16, 1976 PAGE 2 F. INTRODUCTION OF ORDINANCES: (a) Ord. 76-17 "An Ordinance to Change the Kenai Peninsula Borough Sales Tax Levy from 24 to 31" { (b) Ord. 76-18 "An Ordinance Providing for Appointment Of Borough Attorney by the Assembly of the Kenai Peninsula Borough" G. PUBLIC PRESENTATIONS (a) Mrs. Christine Reynolds, Dog Control (b) Mr. Don Follows, National Park Service, Harding Ice Field I H. COa3.iITTEE REPORTS (a) School Board Meeting, March 1S, 1976 (b) Cook Inlet Air Resources Mgmt. Dist., March 4, 1976 (c) Finance and Budget, March 9, 1976 I. MAYOR'S REPORT 1 (a) Finance Report P, Projections Government Revenue $ Expenditure Report, February } (b) Cook Inlet Land Trade (agreement enclosed) 4 i (c) Finance Director Appointment (memo 6 resume) (d) Appointment of Don McCloud, Planning Commission � I J. SCHOOL CONSTRUCTION REPORT t i (a) School Planning f, Construction Status (b) Seward High School Bid Schedule J (c) Future Construction Planning (d) Borough Administration Building Plans K. OTHER BUSINESS (a) Res. 76-7 "A Resolution Concerning State and Federal Lana withdrawals" (b) Res. 76-9 "A Resolution Authorizing Borough Selected and Patented Lands to Be Provided for Public Use to the City of Seldovia for Park and Recreation Facilities" (c) Res. 76-10 "A Resolution for the Resurfacing of the Seward Highway" I (d) Res. 76-11 "A Resolution in Opposition to House Bill 831, unless Such Bill is Amended to Allow a Secret Ballot on Matters of Internal Organization" ; (e) Res. 76-12 "A Resolution in Support of State Senate Concurrent Resolution No. 77 of the Ninth Legislation Second Session" i � i l r. j� i_ f i AGENDA FOR MARCH 16, 1976 PAGE 2 F. INTRODUCTION OF ORDINANCES: (a) Ord. 76-17 "An Ordinance to Change the Kenai Peninsula Borough Sales Tax Levy from 24 to 31" { (b) Ord. 76-18 "An Ordinance Providing for Appointment Of Borough Attorney by the Assembly of the Kenai Peninsula Borough" G. PUBLIC PRESENTATIONS (a) Mrs. Christine Reynolds, Dog Control (b) Mr. Don Follows, National Park Service, Harding Ice Field I H. COa3.iITTEE REPORTS (a) School Board Meeting, March 1S, 1976 (b) Cook Inlet Air Resources Mgmt. Dist., March 4, 1976 (c) Finance and Budget, March 9, 1976 I. MAYOR'S REPORT 1 (a) Finance Report P, Projections Government Revenue $ Expenditure Report, February } (b) Cook Inlet Land Trade (agreement enclosed) 4 i (c) Finance Director Appointment (memo 6 resume) (d) Appointment of Don McCloud, Planning Commission � I J. SCHOOL CONSTRUCTION REPORT t i (a) School Planning f, Construction Status (b) Seward High School Bid Schedule J (c) Future Construction Planning (d) Borough Administration Building Plans K. OTHER BUSINESS (a) Res. 76-7 "A Resolution Concerning State and Federal Lana withdrawals" (b) Res. 76-9 "A Resolution Authorizing Borough Selected and Patented Lands to Be Provided for Public Use to the City of Seldovia for Park and Recreation Facilities" (c) Res. 76-10 "A Resolution for the Resurfacing of the Seward Highway" I (d) Res. 76-11 "A Resolution in Opposition to House Bill 831, unless Such Bill is Amended to Allow a Secret Ballot on Matters of Internal Organization" ; (e) Res. 76-12 "A Resolution in Support of State Senate Concurrent Resolution No. 77 of the Ninth Legislation Second Session" i - • � .�T _ _ +. ,,,,�� -�.� . _ % �� � �� , �� - -�p„ _ --fid i` AGENDA FOR MARCH 16, 1976 PAGE 3 a (f) Tax Adjustment Requests (g) Senior Citizens Exemption (Waiver of Time to File) __ • L. MAYOR AND ASSEMI4LW0.:: CO2dtiENTs" AND DISCUSSION M. PUBLIC PRESENTATIONS N. INFORMATIONAL MATERIALS AND REPORTS (a) Minutes: 1. School Board, 3-1-76 & Agenda for 3-15-76 2. Planning Commission 2.23-76 3. No. Peninsula Recreation S.A., 2-24-76 & Monthly statement + j 4. Central Peninsula Hospital S.A., 1-28-76 S. North Kenai Fire S.A. 1 (b) Correspondence re: Res. 76-S, Harding Ice Field/ Kenai Fjords National Monument - 1. Senator Ted Stevens 2. John R. McGuire . 3. Carl Albert (c) Liquor License Renewal: Happy Valley 6 Our Point of View (d) A.M.L. Bulletins 0. NEXT MEETING: April 6, 1976, Soldotna, Alaska ----�-+----� r'•-•—�f-�-----s------- �+'--- - -r � _ _ -- .�- ter. �-�• f� r-� -t - i -�- --�-'-fit S �d Sessi linth Legislature EGISLATIVE ACTION "YOUR MUNICIPALITY HAS A BRANCH OFFICE IN THE CAPITAL" LEGISLATIVE BULLETIN #29 'larch 15, 1976 INDEX (Refer to previous Bulletins for bills not listed in this Index.) Bulletin Reference Action Required 24; 27-28 General Comments 21 Legislative Committees 1-2; 21 Legislative Telephones 23 HOUSE BILLS SCSCSSSHB 64 Retirement Program 2-8; 9-13; 18; 24-29 CSSSHB 65 Property Assessment 2-4; 6-16; 22-24; 29 HE 170 Judicial Service Payments 6-7; 11-16; 27-29 HE 199 Election Polls 6-8; 16; 28-29 CSSSHB 531 Freedom of Public Information 21-23; 25-29 HE 535 Meal Estate Conveyance 18; 29 HE 539 ;Municipal Revenue Sharing 21-29 HE 548 Local Service Roads Bonding 21-23; 28-29 HB 549 Fire Fighting Centers Bonding 21-23; 26-29 HE 569 PERS 21-29 HB 587 Special Assessment Exemptions 21-23; 26-29 HE 589 14unicipal Officials Election 21-23; 25-29 HE 623 Transportation Facilities Bonding 22-24; 28-29 HB 662 Workmen's Compensation 23-29 HE 687 Unified Governments Aid 24-29 HE 730 Tourism Impact Study 25-27; 29 HE 731 Tourism Impact Study Appropriation 25-27; 29 HE 779 Alaska Power Commission 26-29 HE 802 Taxi Regulation 27-29 RB 805 Housing Development Grants 26-29 HE 806 Housing Grant Bonds 26-29 HB 811 Boundary Changes 26-29 HB 834 Grocery Retail License 26-29 HE 853 Utility Consumer Group 28-29 HB 855 Financial Disclosure 29 i 1 -2- y SENATE BILLS --- - CSSB 336 Intoxicated persons 12-16; 26-29 --~ SB 398 State Project Responsibility 14-18; 29 SB 474 Revenue Sharing Regulations 21-26; 28-29 SB 491 Mini 874. 21-29 ' - SB 507 Hospital Risk Management 21-25; 27-29 SB 544 Parking Violations 22-24; 28-29 SB 551 PERS 22-29 SB 582 Port Development Bonds 23-26; 28-29 SB 585 Alcoholic Treatment Facilities Bonds 23-29 _ SB 586 Alcoholic Treatment Facilities 23-29 SSSS 600 Vehicle Registration Tax 24-26; 29 SS 610 PSFP 241-29 - - - SB 681 Liquor Tax 27-29 SB 683 Incorporation Standards 27-29 i 1 -2- y �� � - �•i�iLi iii"■■ .' ■i� - __ - - ---- _ --- _ . _ � -...-' -- ." - - - --- - --."' - - -- -- - - - -_ - i HOUSE BILLS SCSCSSSIM 6: Retirement Program - As predicted, the Governor has vetoed this bill, Action on the veto hag been sche- duled for Tuesday, :larch 16. It is anybody's guess if the votes are still there to sustain the veto. CSSSHB 65 Property Assessment - A substitute bill should be reported out of Senate CRA Committee this week. '^he sub- stitute bill provides for state reimbursement to munici- palities and also has an "opt out" provision by ordinance ratified by the voters. HB 170 Judicial Service Payments - Has received no further action in the Senate Finance Committee. HB 199 Election Polls - Has received no further action in the Rules Committee. CSSSHB 531 Freedom of Public Information - Has received no further action in the Senate Judiciary Committee. HB 535 Real Estate Conveyance - This bill has received a "do pass" recommendation from the Commerce Committee and has been referred to the Rules Committee. HB 539 iiunicipal Revenue Sharing - Has received no further action in the Finance Committee. HB 548 Local Services Roads Bonding - Has received no further action in the Finance Committee. HB 519 Fire Fighting Centers Bonding - Has received no further action in the Finance Committee. HB 569 PERS - This bill has received a "do pass" recommendation from the Senate CRA Committee and has been referred to the Senate Finance Committee. HB 587 Special assessment Exemptions -11 substitute bill has received a "do pass" recommendation from the CR4 Committee and. -has been referred to the Finance Committee. HB 589 llunicipal.Officials Election - This bill has received a "do pass" recommendation from the Senate CRA Committee and has boon referred to the Rules Committee. HB 623 Transportation Facilities Bonding - Pas received no further action in the; Finance Committee. HS 662 Workman's Compensation - A substitute bill should be -3- s 1 reported out of the Labor and 1anagement Connittee this WOO . HB G87 Unified Governments Aid - Has received no further action in the Rules Committee. HB 730 Tourism Impact Study - '.+'his bill has received a "do pass" rupommendation from the Commerce Committee and has been referred to the Finance Committao . HB 731 Tourism Impact Study Appropriation - This bill has receivad a "do pass" recommendation from the Commerce Committee and has been referred to the Finance Committee. HB 779 Alaska Power Commission - Has received no further action in the Finance Committee. HB 802 Taxi Regulation - Testimony was heard on this bill in the Judiciary Committee but no final action was taken. HB 805 Housing D.:vclopment Grants - Has received no further action in the: Finance Committee. HB 806 Housing Grant Bonds - Has received no further action in the Finance Committee. HB 811 Boundary Changes - 1 substitute bill has received a "do pass" recommendation from the CRA Committee and has been referred to the Rules Committee. HB 834 Grocery Retail License - Vas received no further action in the Rules Committee. HB 853 utility Consumer Group - Has received no further action in'the Judiciary Committee. HB 855 financial Disclosure - Introduced by the State Affairs Committee, this bill provides that former municipal officials who contract or offer to contract with their municipalities within one year after leaving office shall file a disclosure statement at the time they contract or offer to contract. The bill has been referred to the State .Affairs and Judiciary Committees. SENATE BILLS CSSB 336 Intoxicated Persons - Has received no further action in the House Judiciary Committee. SB 398 State Project Responsibility - A substitute bill has received a:"do pass" recommendation from the House State -•4- -..4 Affairs Committee and has been referred to the Rules Committee. SB 474 Revenue Sharing Regulations - This bill has been referred to the house Finance Committee. SB 491 'Iini 874 - Has received no further action in th,: Rules Committee. SB 507 Hospital Risk :Ianagement - Has received no further action in the Rulus Committee. SB 544 Parking Violations - Has received no further action in the House Commerco Committee. SS 551 PERS - Has received no further action in the House CRA Committee. SB 582 Port Development Bonds - Iias received no further action in the Finance Committee. SB 585 Alcoholic Treatment Facilities Bonds - Has received no further action in the House HESS Committee. SB 586 Alcoholic Treatment Facilities - Has received no further action in the House HESS Committee. SSSB 600 Vehicle Registration Tax - This bill has received a "do pass" recommendation from the CRA Committee and has been referred to the Finance Committee. SB 610 PSFP -IIas rocoived no further action in the Finance Com- mittee. SB 681 Liquor Tax - Iias receivod no further action in the CRA Committee. SB 683 Incorporation Standards -IIas received no further action `r in the CRA Committee. -5- ��.:.. ... y.w,:v r. � � --.. .a. _ _... i. .� ate.-..`.. - _, r .. r�� ... _' •_.- _ �� tM _ _ FEBRUARY 29, 1976 CITY OF KENAI STATEMENT OF ANTICIPATED REVENUES AND EXPENDITURES COMPARED TO ACTUAL UNAUDITED GENERAL FUND REVENUE : Revised $ 886,154 Budget TAXES 172,500 e'er 70ersonal Property ; 929,029 Sales Tax 172,500 Franchise Tax 7,500 Payment in lieu of taxes 14,965 Total Taxes 1,123,994 LICENSES & PERMITS Building Permits Taxi Permits Other Licenses/Permits Total Licenses & Permits INTERGOVERNMENTAL REVENUE Federal Shared Revenue State Shared Revenue: Business License Tax Fish Tax Liquor License Gen. Revenue Sharing Utility Taxes Amusement/Game Device State Grant -Library Council on Aging State Impact Funds State Traffic Safety Grant Criminal Justice Planning Agency Grant Total Intergovernmental Revenue . CHARGES FOR SERVICES Commissions -Dept. of Rev. Rescue Services Other Total Charges for Services PENALTIES AND FINES Municipal Court 23,000 Library 1.800 Total Penalties & Fines 24,800 Realized Balance $ 886,154 $ 42,875 - 172,500 9,780 (2,280) 14,965 - 910,899 213,095 6,300 5,875 425 300 245 55 500 260 240 7,100 6,380 /2U 81,700 50,000 20,000 14,000 190,000 15,500 1,800 250 18,556 123,000 1,172 15,870 531,848 17,000 5,500 10.000 32,500 40,868 6,962 5,900 228,477 2,936 4,028 25,000 1,172 315,343 40,832 43,038 20,000 8,100 (38,477) 15,500 (1,136) 250 14,528 98,000 15,870 216,505 12,401 4,599 2,269 3,231 5,115 4,885 19,/8b 14,930 8,070 1,719 81 lb,b4Y alibi e� • INTEREST EARNINGS Interest on Investments Total Interest Earnings - RENTS & LEASES Tidelands Fort Kenay Other Total Rents & Leases MISCELLANEOUS INTERFUND RECEIPTS UNAPPROPRIATED REVENUE Total Revenues EXPENDITURES Revised Budget -2- $ 2,400 150 2,550 300 300 16,000 803 3.230 2,000 1,200 G3,'L33 $ 26,083 Expended Balance $ 1,600 LEGISLATIVE DEPARTMENT 94 PERSONNEL SERVICES 1,694 Salaries - Fringe Benefits Balance Total Personnel Services S - SUPPLIES • 13,678 Office Supplies ;..'� Total Supplies 3,681 OTHER SERVICES AND CHARGES 1,500 Professional Services -: Transportation 13,932 Advertising Printing and Binding 18,436 Niscellaneous Total Other Serv. & Charges 8,260 (5,260) 63,576 TOTAL LEGISLATIVE 35,715 EXPENDITURES EXPENDITURES Revised Budget -2- $ 2,400 150 2,550 300 300 16,000 803 3.230 2,000 1,200 G3,'L33 $ 26,083 Expended Balance $ 1,600 $ 800 94 Revised 1,694 856 Bud4et Realized Balance $13 678 S - S 13,678 • 13,678 - 13,678 2,790 3,681 (891) 1,500 823 677 8.000 13,932 (5,932) 12,290 18,436 tb,146 3,000 8,260 (5,260) 63,576 27,861 35,715 ( 73,572) - (73,572) -11.739,214 $1,323,613 $415,601 EXPENDITURES Revised Budget -2- $ 2,400 150 2,550 300 300 16,000 803 3.230 2,000 1,200 G3,'L33 $ 26,083 Expended Balance $ 1,600 $ 800 94 56 1,694 856 228 72 CZ8 72 . 16,019 (19) 587 216 1,769 1,461 784 1,216 1.077 123 $20,236 $ 2,997 $22,158 S 3.925 • I 1 I I I r i 1 l Revised Budget Expended Balance JUDICIAL DEPARTMENT PERSONNEL SERVICES Salaries and Wages ; 6,826 - $ 6,826 Employee Benefits 400 - 4DL Total Personnel Services 1,LLb - 7,226 SUPPLIES Office Supplies 500 - rte,_ Total Supplies 500 - 500 OTHER SERVICES AND CHARGES Professional Services 4,000 900 3,100. Miscellaneous 11.500 - 1.500 Total Other Serv. & Charges 5;500 900 4,600 TOTAL JUDICIAL EXPENDITURES f 13,226 S 900 %12.326 CITY MANAGER DEPARTMENT PERSONNEL SERVICES Salaries and Wages $ 40,700 $ 27,200 13,500 Overtime 915 634 281 Accrued Leave 11880 - 11880 Employee Benefits 8,500 4,880 3,620 Total Personnel Services 31,995 32,114 19,281 SUPPLIES Office Supplies 2,750 1,160 11590 Small Tools & Minor Equip. 310 - Total Supplies 3,060 1,160 1,900 OTHER SERVICES & CHARGES Communication 2,050 1,430 620 Transportation 3,990 11920 2,070 Printing &-Binding 2,770 380 2,390 Repairs & Maintenance 510 162 348 Rentals 600 244 356 Miscellaneous 850 725 125 Total Other Serv. & Charges 10,770 4,861 51909 CAPITAL OUTLAY Improvements Other than Bldgs. 426 - 426 Machinery & Equipment 982 - 982 Total Capital Outlay 1;408 - 1,408 TOTAL CITY MANAGER DEPT. EXPENDITURES $ 67,233 $38,735 $ 28,498 -3- FINANCE DEPARTMENT PERSONNEL SERVICES Salaries and Wages Accrued Leave Employee Benefits Total Personnel Services SUPPLIES Office Supplies Operating Supplies Small Tools & Minor Equip. Total Supplies OTHER SERVICES & CHARGES Communication Transportation Printing and Binding Rentals Miscellaneous Total Other Serv. & Charges CAPITAL OUTLAY Improvs. Other than Bldgs. Machinery & Equipment Total Capital Outlay TOTAL FINANCE EXPENDITURES -4- $ 87,748 $66,355 4,600 3,096 19,710 10.496 �, 1 G� r •ii i .. i i "'ntis--. -� - i�-=.�-��:. � ..-s--__ _-___«.. __-n I� ..rte ..ar o ��..._-- �a .. - �- - ___ _ __ -_ -_ 225 Revised 250 240 3,750 Budget Expended Balance LEGAL DEPARTMENT _ PERSONNEL SERVICES Salaries $ 30,392 $20,159 $10,233 Accrued Leave 11290 398 892 j Employee Benefits 7 130 3,591 3,539 : Total Personnel Services 38;812 249148 14,664 SUPPLIES Office Supplies 2,000 276 1,724 Total Supplies 2,000 4io i,iza OTHER SERVICES AND CHARGES Professional Services 3,000 931 .2,069 T-- Communication 600 193 407 Transportation 21500 1,034 1,466 Printing and Binding 11000 563 437 Repair & Maintenance 100 113 (13) _ Rentals 3,420 2,124 1,296 Miscellaneous 930 381 549 Total Other Serv. & Charges 11,550 5,339 6,211 i TOTAL LEGAL DEPT. EXPENDITURES S 52,362 $29,763 $22,599 a FINANCE DEPARTMENT PERSONNEL SERVICES Salaries and Wages Accrued Leave Employee Benefits Total Personnel Services SUPPLIES Office Supplies Operating Supplies Small Tools & Minor Equip. Total Supplies OTHER SERVICES & CHARGES Communication Transportation Printing and Binding Rentals Miscellaneous Total Other Serv. & Charges CAPITAL OUTLAY Improvs. Other than Bldgs. Machinery & Equipment Total Capital Outlay TOTAL FINANCE EXPENDITURES -4- $ 87,748 $66,355 4,600 3,096 19,710 10.496 1121058 69,947 3,275 2,367 225 24 250 240 3,750 2,631 1,900 1,180 2,000 1,220 330 5,530 •360 1,100 1,460 $123,898 496 294 510 433 125 1,858 200 693 W04 $75,329 $31,393 1,504 9.214 42,111 908 201 10 1,119 1,404 . 886 1,490 787 205 4,//1 160 407 ani $48,569 1 Nino Revised Budqet Expended Balance I FINANCE - Revenue DEPARTMENT yg PERSONNEL SERVICES Salaries $ 12;728 c . 8;028 $ 4,700 Overtime 285 - 285 Accrued Leave 430 - 430 Employee Benefits 3,250 1,381 1.869 Total Personnel Services -16,693 5,409 7,284 SUPPLIES Office Supplies 350 76 274 - Total Supplies 350 ib e/4 i ' OTHER SERVICES AND CHARGES Communication ' 530 374 156 Transportation 110 84 26 Printing & Binding 360 36 324 J _ Public Utilities 400 107 293 ` ! Repair & Maintenance 100 106 (6) ' Total Other Serv. & Charges 115U0 707 793 TOTAL FINANCE - Revenue DEPARTMENT EXPENDITURES S 18,543 $10,192 $ 8,351 POLICE DEPARTMENT I PERSONNEL SERVICES Salaries & Wages $ 170,272 $108,840 $61,432 Overtime 9,600 6,094 3,506 i _ Accrued Leave 81600 1,240 7,360 Employee Benefits 43,400 20,347 23,053 Total Personnel Services 231,872 i3b,ntl 90401 SUPPLIES Office Supplies 1,400 522 878 Operating Supplies 35,250 12,593 22,657 Repair & Maint. Supplies 11000 556 444 Small- Tools & Ninor Equip. 50 - 50 s Total Supplies 37,700 13,6/1 149UZ9 OTHER SERVICES AND CHARGES Communication 1,300 498 802 Transportation 11500 604 896 - Printing & Binding 1,600 608 992 Public Utility Service 5,300 2,470 2,830 Rentals 600 104 496 ' Unf ended Charges - 200 1200 i Total Other Services &Charges 10,300 4,484 , 5,816 - CAPITAL OUTLAY j Machinery & Equip. 8,822- 8,491 331 i Total Capital Outlay 8,822 8,491 331 TOTAL POLICE DEPT. EXPENDITURES $288,694 $163,167 $125,527 POLICE - Reserves DEPARTMENT PERSONNEL SERVICES Salaries & Wages Total Personnel Services SUPPLIES Operating Supplies Total Supplies TOTAL POLICE - Reserves DEPT. EXPENDITURES FIRE - Operations DEPARTMENT PERSONNEL SERVICES Salaries & Wages Overtime Accrued Leave Employee Benefits Total Personnel Services SUPPLIES Office Supplies Operating Supplies Repair & Maint. Supplies Small Tools & Minor Equip. Total Supplies OTHER SERVICES & CHARGES Professional Services Communication ' Transportation Printing & Binding Public Utility Service Repair & Maintenance Miscellaneous Total Other Serv. & Charges CAPITAL OUTLAY Machinery & Equipment Total Capital Outlay TOTAL FIRE - Operations DEPT. EXPENDITURES -6- $257,637 $156,817 $100,820 Revised Budget Expended Balance $ 300 $ - i $ 300 300 1 450 36 414 450 36 414 $ 750 $ 36 $ 714 $169,272 $109,802 • i $59,470 10,084 6,275 3,809 8,921 3,374 5,547 43,280 20,899 22,381 231,557 t4u,anu `ll,Lul + 370 192 178 51500 3,520 1,980 2,260 2,038 222 ' 800 261 539 { 8,930 61011 2,919 405 94 311 1,295 550 745 1,260 148 1,112 1,440 324 1,116 7,569 5,986 1,583 1,701 1,041 660 ISO ;51 81194 29 5,556 13,850 ; 3,300 2,162 1,138 3,300 L,lb'L t.1�i3 -6- $257,637 $156,817 $100,820 II IIII lu I .�•� i• _ / 1 Revised Budget Expended Balance FIRE - Fire School DEPARTMENT i PERSONNEL SERVICES Salaries & Wages yy Employee Benefits Total Personnel Services SUPPLIES Operating Supplies Total Supplies TOTAL FIRE - Fire School DEPT. EXPENDITURES FIRE - Auxiliary =- - DEPARTMENT PERSONNEL SERVICES Salaries & Wages Employee Benefits Total Personnel Services CAPITAL OUTLAY Machinery & Equipment Total Capital Outlay TOTAL FIRE - Auxiliary - DEPT. EXPENDITURES COMMUNICATIONS DEPT. _ PERSONNEL SERVICES 3aiaries & wages Overtime Accrued leave Employee Benefits Total Personnel Services -' QTHER SERVICES & CHARGES Communication i;. Repairs & Maintenance Total Other Serv. & Charges CAPITAL OUTLAY Improvs. Other than Bldgs. Total Capital Outlay TOTAL COMMUNICATIONS DEPT. EXPENDITURES $ 4,270 $ 1,105 720 184 4,990 11,[89 600 1.816 600 1,816 $ 5.590 S 3.105 4,110 $ 3,015 685 552 4,/99 s,abi, 1.890 - 1,890 - $ 6,685 $ 3,567 $ 48,216 $ 30,666 1,392 603 2,040 297 12.990 5,524 64,638 3/,090 1,170 200 71500 11952 8,610 Y,IOY 25.870 - 25,870 - X99,178 $39,242 -7- $ 3,165 536 3 ,701 (1.216) tt 1,216) S 2.485 $ 1,095 133 1,LCIS 1,890 1 18y $ 3,118 $17,550 789 1,743 7 466 17,34t; 970 5,548 b, Its 25,870 Lb,U/U $59,936 1 ■ II SII 11 i III■■I� ii i i ii iii- i t -(.-��_•-`� --. - ,-•.r.,.. --, - -. �- -- _. - •. -- - - - - Revised Budget Expended Balance PUBLIC WORKS - Administration DEPARTMENT PERSONNEL SERVICES Salaries & Wages Accrued Leave Employee Benefits Total Personnel Services SUPPLIES Office Supplies Operating Supplies Small Tools & Minor Equip. Total Supplies OTHER SERVICES & CHARGES Communication Transportation Printing & Binding Total Other Serv. R Charaes CAPITAL OUTLAY Machinery & Equip. Total Capital Outlay TOTAL PUBLIC WORKS - Administration DEPT. EXPENDITURES PUBLIC WORKS - Street Maint. DEPARTMENT PERSONNEL SERVICES =: -z. - Overtime ■ II SII 11 i III■■I� ii i i ii iii- i t -(.-��_•-`� --. - ,-•.r.,.. --, - -. �- -- _. - •. -- - - - - Revised Budget Expended Balance PUBLIC WORKS - Administration DEPARTMENT PERSONNEL SERVICES Salaries & Wages Accrued Leave Employee Benefits Total Personnel Services SUPPLIES Office Supplies Operating Supplies Small Tools & Minor Equip. Total Supplies OTHER SERVICES & CHARGES Communication Transportation Printing & Binding Total Other Serv. R Charaes CAPITAL OUTLAY Machinery & Equip. Total Capital Outlay TOTAL PUBLIC WORKS - Administration DEPT. EXPENDITURES PUBLIC WORKS - Street Maint. DEPARTMENT $ 42,396 PERSONNEL SERVICES =: Salaries & Wages - Overtime 4,735 Accrued Leave - Employee Benefits -, Total Personnel Services 11500 SUPPLIES 29 Operating Supplies 1,123 Repair & Maint. Supplies = Small Tools & Minor Equip. 216 Total Supplies €; OTHER SERVICES & CHARGES w Communication 965 Utility - Rentals - Unfunded Charges 647 i Total Other Serv. & Chgs. 1,308 CAPITAL OUTLAY - Machinery & Equip. 6,500 Total Capital Outlay t : TOTAL PUBLIC WORKS - Street $ 62,292 Maint. DEPT. EXPENDITURES .i . $ 76,183 t } $24,930 81081 6,874 J, s, 3,405 1,785 1,620 20,765 9,667 11,098 1039434 $ 42,396 $23,166 $19,230 1,031 - 1,031 4,735 4,051684 48, 162 -27,217 -2U-,945 11500 1,471 29 • 1,350 1,123 227 300 84 216 3,150 z,b/d 4/Z 11180 215 965 21100 540 1,560 1,200 553 647 i 4,480 1,308 3,172 6,500 - 6,500 6,500 - 6,5Uu n $ 62,292 $31,203 $31,089 $ 76,183 $46,253 $24,930 81081 6,874 1,207 3,405 1,785 1,620 20,765 9,667 11,098 1039434 b4,01y JV9002 21300 621 1,679 51100 4,766 334 1,000 199 801 ki,400 5,586 29814 876 53' 823 - 51105 (5,105) 340 203 137 1.045 (1,045) 1,216 6,40b �S,lyU 102,305 100,226 2,079 102,305 10u,2zb Z,u/v $215,355 $176,797 $38,558 =8- TOTAL PUBLIC WORKS - Bldg. Insp. DEPT. EXPENDITURES PUBLIC WORKS - Garage DEPARTMENT PERSONNEL SERVICES Salaries & Wages Overtime Accrued Leave Employee Benefits Total Personnel Services SUPPLIES Office Supplies Operating Supplies Repair & Maint. Supplies Small Tools & Minor Equip. Total Supplies ..OTHER SERVICES & CHARGES Communication -Repairs &"Raint. Utilities Re6tal s - Unfunded Charges - Niscellaneous Total Other Serv. & Charges CAPITAL OUTLAY machinery & Equip. --_Total Capital outlay TOTAL PUBLIC WORKS - Garage EXPENDITURES -9- $ 26,273 $14,506 $11,767 51,856 850 2,608 12 785 t199 50 35,000 81,500 1,500 118,050 300 1,000 - 250 2.000 2,550 4,300 4,900 $192,999 34 $35,084 $16,772 --a-- Revised 652 2,608 ' PUBLIC WORKS - Bldg. Inspection Budqet Expended Balance DEPARTMENT 520 1,325 ± PERSONNEL SERVICES 33 2,761 o Salaries f 17,688 $1L818 _ $5,870, Overtime 624 200 424 Accrued Leave 11156 - 1,156 fringe Benefits 4,495 2,118 2,377 _ Total Personnel Services 23,963 14,13b 9,927 SUPPLIES Office Supplies 50 23 27 Operating Supplies 300 44 256 Repairs & Maint. 1,400 103 1,297 Small Tools & Minor Equip. 200 70 130 Total Supplies 11950 240 1,710 OTHER SERVICES & CHARGES Comm nication 300 70 230 Niscellaneous 60 60 - Total Other Serv. & Charges 360 130, 230 TOTAL PUBLIC WORKS - Bldg. Insp. DEPT. EXPENDITURES PUBLIC WORKS - Garage DEPARTMENT PERSONNEL SERVICES Salaries & Wages Overtime Accrued Leave Employee Benefits Total Personnel Services SUPPLIES Office Supplies Operating Supplies Repair & Maint. Supplies Small Tools & Minor Equip. Total Supplies ..OTHER SERVICES & CHARGES Communication -Repairs &"Raint. Utilities Re6tal s - Unfunded Charges - Niscellaneous Total Other Serv. & Charges CAPITAL OUTLAY machinery & Equip. --_Total Capital outlay TOTAL PUBLIC WORKS - Garage EXPENDITURES -9- $ 26,273 $14,506 $11,767 51,856 850 2,608 12 785 t199 50 35,000 81,500 1,500 118,050 300 1,000 - 250 2.000 2,550 4,300 4,900 $192,999 16 34 $35,084 $16,772 637 213 652 2,608 ' 6,261 6,524 411966 Lb,11/ 16 34 20,058 14,942 33,890 47,610 652 848 54,616 63,434 140 160 480 520 1,325 (1,325) 217 33 2,761 (2,761) 2G4 7qL 5,132 (2,582) 2,506 1,794 29y0b 1,794 $104.214; OR 663_ a LIBRARY DEPARTMENT PERSONNEL SERVICES Salaries $ 17,022 $ 11,612 $ 5,410 -a II X11 ,I�"—_.w -rz., r-- n-�. - _ � '._;,��— _ _ - s.r.P.�-�—.. s wr -. �. .��.wr.�.vr-•- _ _ _— .i . 3.365 21025 1,340 Total Personnel Services Wised Ji Budaet Expended Balance PUBLIC WORKS - Animal Control 400 293 107 DEPARTMENT 400 391 3 PERSONNEL SERVICES 800 690 110 S$la�ies & Wages i A,940 - S 4,20 - Total Personnel Services 4,950 _; - 4,950 SUPPLIES $25 584 (59) Operating Supplies 50 72 14 22 f22 , Total Supplies ba 72 1,250 740 510 TOTAL PUBLIC WORKS - Animal 520 446 74 - Control DEPT. EXPENDITURES $ 51000 $ 72 54,928 LIBRARY DEPARTMENT PERSONNEL SERVICES Salaries $ 17,022 $ 11,612 $ 5,410 Accrued Leave 585 - 585 Fringe Benefits 3.365 21025 1,340 Total Personnel Services 2019/2 SUPPLIES Oftice supplies 400 293 107 Operating Supplies 400 391 3 Total Supplies 800 690 110 OTHER SERVICES & CHARGES Co=nication 200 112 88 Transportation $25 584 (59) Advertising 50 36 14 Printing & Binding 150 - 150 Public Utility Service 1,250 740 510 Repairs.& Maintenance 520 446 74 Miscellaneous 75 42 33 Total Other Serv. & Charges 2,770 11960 810 CAPITAL OUTLAY Books 2,695 2,276 419 • Total Capital Outlay 2,695 z,zib 419 TOTAL LIBRARY DEPT. EXPENDITURES $ 27,237 $18,563 $ 8,674 -10- COUNCIL ON AGING Revised DEPARTMENT Budqet Expended Balance PERSONNEL SERVICES 50,000 36,499 13,501 Salaries & Wages $ 8,712 $ 5,914 $ 2,798 Accrued Leave 25i 368 (117) Employee Benefits 2,685 368 2,317 j Total Personnel Services 11,648 6,6y0 4,998 SUPPLIES 50,080 53,088 ; Office Supplies Total Supplies 3 928 297 3,631 35,984 3;928 297 3,631 OTHER SERVICES AND CHARGES EXPENDITURES Professional Services 7,050 961 6,089 i Communication 700 255 445 Transportation 1,778 72 •1,706 Rentals 91110 2,792 6,318 Miscellaneous 2,700 37 2,663 Total Other Serv. & Charges 21,338 4,117 17,221 _ CAPITAL OUTLAY N3chinery & Equip. 2,410 227 2,183 Total Capital Outlay 2,410 227 2,183 TOTAL COUNCIL ON AGING •' DEPT. EXPENDITURES $ 39,324 $11.291 $28,033 HON -DEPARTMENTAL DEPARTMENT ' OTHER SERVICES & CHARGES Loam nications $ 8,300 $ 6,608 $ 1,692 Insurance .. 50,000 36,499 13,501 Rentals 3,035 613 2,422 Utilities - 289 (289) Repair & Maintenance 125 3 122 Miscellaneous - Donation for Care Center 9,243 - 9,243 Intergovern. Transfers 103,168 50,080 53,088 Total Other Serv. & Charges 173,871 94,b92 79,779 CONTINGENCY 35,984 - 35,984 TOTAL NON -DEPARTMENTAL EXPENDITURES $209,855 X14,092' 5115;763 -11- - �rl I J JI 1111 I I• I i i i i I I I I I I J_����. _ I Budget Expended Balance ! PLANNING COMMISSION DEPARTMENT _ PERSONNEL SERVICES overtime $ 1,000 $ 412 $ 588 Total Personnel Services 4000 4114. TOTAL PLANNING COMMISSION • DEPT. EXPENDITURES $ 1,000 412 588 TOTAL GENERAL FUND $1,739,214 $994,183 $745,031 WATER & SEWER FUND REVENUE Revised Budget Realized Balance WATER & SEWER CHARGES $240,000 $156,567 $83 433 PENALTY AND INTEREST 11000 1,440 1440) .,' PERMIT & INSPECTION 600 MISCELLANEOUS - 131 (131) INTERFUND TRANSFERS 19,909 19,909 - ;.'• TOTAL WATER & SEWER ;r REVENUES $261,509 $178,527 $ 82,982 F ' 5 ' ' I . y„ n R i Balance $11,893 (8408) 1,215 3,790 16,050 Office Supplies 75 9 EXPENDITURES - Operating Supplies 1,500 Revised 790 WATER & SEWER SERVICES Budget Expended PERSONNEL SERVICES Small Tools & Minor Equip. 1,540 Salaries & Wages $ 28,598 $16,705 Overtime 21068 2,916 Accrued Leave 1,215 - Employee Benefits 7,970 4,180 Total Personnel Services 39,851 1�,t301 SUPPLIES 10,741 (9,241) Balance $11,893 (8408) 1,215 3,790 16,050 Office Supplies 75 9 66 Operating Supplies 1,500 710 790 Repair & Maint. Supplies 16,538 3,858 12,680 Small Tools & Minor Equip. 1,540 810 730 Total Supplies 19,653 5,387 14,266 OTHER SERVICES & CHARGES Communication 600 321 279 Public Utility Service 11500 10,741 (9,241) Repair & Maint. 200 53 147 Interfund Charges 73,220 68,014 5,206 Unfunded Charges - 3,425 (3,425) Total Other Serv. & Charges 75,520 ttz,554 (/,U34) TOTAL WATER & SEWER SERVICES EXPENDITURES $135,024 $111,742 $23,282 TREATMENT PLANT PERSONNEL SERVICES Salaries Overtime Accrued Leave Employee Benefits Total Personnel Services SUPPLIES Operating Supplies Repair & Maint. Supplies Small Tools & Minor Equip. Total Supplies OTHER SERVICES & CHARGES Communication Unfunded Maintenance Rentals Transfers Total Other Services & Charges TOTAL TREATMENT PLANT EXPENDITURES TOTAL WATER & SEWER FUND EXPENDITURES $ 29,136 6,300 1,232 7,810 44,478 3,736 7,380 100 11,216 600 100 60,270 60,9/0 $116,664 $251,688 $20,033 4,085 924 4,407 29,449 2,858 4,356 118 i,Jsz 28 37 5 . 57,270 5/,34u $94,121 $205,706 $ 9,103 2,215 308 3,403 15,029 878 3,024 (18) J,tm 572 (37) 95 3,000 s,wu $22,543 $45,982 ;; AIRPORT TERMINAL FUND REVENUE Revised Budqet Realized Balance RENTS & LEASES $ 30,021 $37,664 $(7,643) _ o INTERFUND TRANSFERS 60,596 30,171 30,425 TOTAL AIRPORT TERMINAL REVENUES $ 90,617 $67,835 $22,782 EXPENDITURES Revised Budqet Expended Balance AIRPORT TERMINAL SUPPLIES Operating Supplies $ 600 $ 77 $ 523 Repair & Maint. Supplies 51000 1,285 3,715 _ - Total Supplies o;bO0 1,3bz 4,238 " OTHER SERVICES AND CHARGES Professional Services 18,552 9,125 9,427 =. Public Utility Service 24,000 12,346 11,654 Depreciation - 5,935 (5,935) Transfers 37,465 34,465 3,000 - Total Other Serv. & Charges 80,017 61,871 18,146 CONTINGENCY FUND FOR _ AIRPORT 51000 - 5,000 TOTAL AIRPORT TERMINAL fl EXPENDITURES $ 90.617 $63,233 $27,384 i_ -14- I rI: h i` s' V r`A c. AIRPORT O/M FUND REVENUE Revised Budget - Realized _- RENTS A LEASES $ 12,000 $13,566 LANDING FEES 15,000 16,258 GASOLINE TAX 6,000 5,535 INTERFUND RECEIPTS 31,906 - TOTAL AIRPORT 0/M REVENUE $ 64,906 $35.359 SUPPLIES Operating Supplies Repair & Maint. Supplies Small Tools & Minor Equip. Total Supplies OTHER SERVICES & CHARGES Public Utility Service Repairs & Maintenance Rentals Unfunded Charges Transfers Total Other Services CAPITAL OUTLAY Tmprovs. other than Bldgs. Total Capital Outlay CONTINGENCY FUND TOTAL AIRPORT O/M EXPENDITURES EXXPENDITURES Revised Budget $ 240 8,540 50 8,830 2,500 10,000 30,760 8,816 3,;Q0 3,000 1,000 $ 64,906 Expended $ 29 6,095 41 6,165 2,432 9,145 21 10,330 7,753 29,681 2,414 2,414 $38,260 T,566],258) 465 31ja $29,547 Balance $ 211 2,445 9 2,665 68 855 30,739 (10,330) 1,063 22,395 586 586 1,000 $26,646 AIRPORT•LAND FUND - REVENUE Revised Budgct Realized Balance 0 RENTS & LEASES E 35,243 $59,079 $(23,836) LAND SALES 42.900 TOTAL RENTS & LEASES AND LAND SALES REVENUE $'78,143 _$101.979 g23.83b) EXPENDITURES o. Revised --- OTHER SERVICES & CHARGES Bud(Let Expended Balance Professional Services $ 51000 $ 50 $ 4,950 Unfunded Maintenance - 460 (460) tiaras Storage Building 42,900 37,209. 5,691 Labor - Warm Storage Erection - 3,222 (3,222) Interfund Transfers 16,843 7,600 9,243 TOTAL AIRPORT LAND EXPENDITURES ! 64 743 548,541 ,2Q2 DEBT SERVICE FUND REVENUE _ Revised Budget Realized Balance INTEREST ON INVESTMENTS $ 31,322 $60,909 $(29,587) INTERFUND RECEIPTS 291,990 291,990 - SALES TAX 402,500 142.531 259.969 TOTAL DEBT SERVICE REVENUE $725,812 $495.430 $230.382 EXPENDITURES `:. Revised Bud4et Expended Balance PRINCIPAL $255,170 $254,269 $ 901 INTEREST 296,042 290,584 5,458 FEES 2,100 2.344 (244) TOTAL DEBT SERVICE 15E3.3 p5 1pg 1 $547,197 $ 6,115 - -16- t I 'r t. - LLJ 0 p :=iIi �ri�'1-�x•��r�f� r.esSr : - r''+(�s�'x=��i: «.. �; :� r Editorial Page ?he Matt MIbune IwYt� tsnee .o�� �•, id.ar bw. Lex b • .� ewM�e rY�it eo�is levi1er Genal T. Lathes Pamir. W. 40m lr. Pail H. 44ess Ar dor ams "rya FAA. tAeeur FAr PiaNA Madfwd,OreaoefJfOt Ptidef.laemtf2 Lena Police -fire costs A city administration in house is one of the ways being "ed. committeeplans Economizing and one eii for oft the Cutting mmusck and fire departments. Their else. someldue sometinse this so It of ! The re�efipp�t; will be the basis those who doa� a tyresponomt Iat1y�U� of a decfeion by the city the idea of police a res council whether or not to MOW dation — yet, anyway (and we are conso tion WIMinking glternatives. Meanwhile. it we read the tea M a � altel leaves Correctly, tion to the native is to had more mosey. Pmpored mergd is tprowing. not The city of Medford Is not only among riremea and police• atone in this plight. The problems mea, who are most intimately in- of New York City have had valvel but also among citizen: the most attention, but right here ��era�yy who are sncaavinad in Oregon Portland, for one, has that such a merger will — or can also had to retrench sharply, and without smart- ficlagv � been iia safety services. THERE IS ONLY one ion ' lag motive for consolidation — to and IdL The same Is smaller cities. whose problems have been publicized only locally. Despite disgnmtled save money. And Iet no one mks- that the y has objections to am contrary. the city is not �q Atter many years or relatively pial fast and loose with the o s money' It. has dooe tai a nothing set or shady. Eachclear timea Inas been d hodgets,thecitvkenfeetirt the inAa t ........ fie• each time a :hitt intends each pin�hh of several ears ago.8inoethen.lthastrimmedits ocal each Up ave � called, an nailsbeen , seeking ways to cat costs- It did so, and got rid of, or cut the pros and cons have been fully back on. someexcellentpro• aired and espiined And !n the pis many e0000mles have • NOW itisWmming no resulted. wfl satis�is ` moogh: It will be necessary to Disagree it has been an aboveboard start toeing cargo overboard if the city is to live witbhr its pre- operation. But itwill donogood to sent avaUabk imoare. corn plain about potty ilre con, solidation without at the tame Last Jane. rise S cd Slur : $ental tevy e, rake proposed an of beingmini sluing traditional tntnll the dt yt ode• nually for rine and police pun- piartmeats as they are. poses was voted down by the voters. A month later. a $pled.are Medford city taxa this year P-51 per :1,0110 of assessed down proposal, for OW.00o for the same Purpose* was passed by a valuation — =75.10 for a $10.000 bouse: =1501:0 for a WAS house: } small margin- Without its a peoval, the 1975.78 budget for the $225M for a :30.000 home p00.f0 city Could not have been bat- for a 140.000 house: $MAO for a f50.000 house. j ani cut' That amounts to s more I This year the pinch is giving ( than it per day forya $50,000 successivelyfor every iadieattao of being even worse. on the order of $1 million. affil city less expensive And this is the real reason the services fie$ and polite. Consolidationapproach is being THE CITY adndnisteatloo considered so seriously. says pollcedire consolidation will The city (the administration save money and maintain ser -And city council) has backed away vices at least equal to what we sharply from any suggestion that have now. We have yet to be can. t.. :the people be asked once again to vunced this Is the case. nitoa ta i Instead, tis looking ro�per we're g to q a Lew day entheHadi it almost in desperation, for ways in comes to that which to nut back. Consolidation Is anyone else! — F.A.