HomeMy WebLinkAbout1976-07-21 Council PacketKenai City Council
Meeting Packet
July 21, 1976
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COUNCIL MEETING OF JULY Z1, 1976
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AGENDA
REGULAR MEETING - KENAI CITY COUNCIL
JULY 21. 1976 - 8:00 P.111.
PUBLIC SAFETY BUILDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
AGENDA APPROVAL
B. PUBLIC HEARINGS
1. Ordinance No. 302-76, Amending Code to Provide Penaltiea/dumping of Sewage
2. Ordinance No. 303-76 - Appropriations to Capital Projects
S.
4.
5.
C. PERSONS PRESENT SCHEDULED TO BE HEARD
1, Mr. KyleP er, City of Kenai Director of Recreation
��-Mr. Bob =- Kenai Public Safety Auxiliary
A. L. Hudson
D. MINIMS
I. Minutes of the regular meeting of July 7, 1976
E. CORRESPONDENCE
1.
2.
BUSINESS
dinonce No. 304-76 -Regulation of sales Tax for Retirement of Deficit
/ 4.
5.
0. NEW BUSINESS
I. Bills to be paid. bills to be ratified
2. Resolution No. 76-33 - Transfer of Funds - Animal Control
S. Resolution No. 76-34 - Transfer of Funds - Recreation
4. Resolution No. 76-35 - Borough Foreclosed Parcel/Beaver Creek Subdivision
S. Resolution No. 76-36 - Transferring of Funds/Borough Foreclosed Parcel
6. Resolution No. 76-37 - Transferring of Funds - Legislative
7. Acceptance of Bid - Petroleum Products
S. Assignment of Lease - Edward A. Ferguson to Yoshi and Ruth Shiohire
9. Assignment of Lease - Robert T. and Norma Bielefeld to National Bank of Alaska
10.
31.
12.
13.
14.
15.
R. REPORTS
1. City Manager's Report
2. City Attorney's Report
3. Mayoras Report
4. City Clerk's Report
5. Finance Director's Report
6. Planning a Zoning Commission's Report
7. Kenai Peninsula Borough Assembly's Report
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
1.
Z.
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CITY OF KENAI
ORDINANCE NO. 302-76
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI AMENDING THE CODE
OF iIlr^. CIT: ^v'i^ Y.*.,�'* A TC ^RC ULJJ
DE PE*IALTIaES :'OR THE DLI ING 4F cEVAGE
INTO A CITY MANHOLE WITHOUT A PERMIT.
WHEREAS, in the past indiscriminate dumping into the City disposal
system has placed burdens on that system; and
WHEREAS, the City wishes to provide for dumping into its system as
a public service; and
WHEREAS, to defray added costs the City should charge a reasonable
fee for such service and provide penalties for dumping without
payment.
' NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai,
-- Alaska, as follows:
I
The Code of the City of Kenai is hereby amended by adding
to Chapter 17, a new Article 8 which shall read in its
entirety as follows:
ARTICLE 8
Section 17-76. No person shall dump, deposit or in any other
manner dispose of sewage or cesspool material into a City sewer
manhole without first obtaining a written "Sanitary Waste Disposal
Permit" from the City of Kenai. Such permits shall be issued
without charge and shall expire on June 30th of each year.
Section 17-77. No person shall dump, deposit or in any other
I
manner dispose of sewage or cesspool material into a City sewer
manhole without having in his possession a valid "Sewage Dumping
Ticket" issued within two hours of the dumping. The fee for each
dump ticket shall be as established by the Council of the City of
Kenai. Tickets shall be issued only to holders of valid permits.
Section 17-78. No person shall dump sewage or cesspool
material containing any foreign material (i.e. rocks, oil, cans,
etc.) into the City sewer system.
Section 17-79. Dumping shall be done only at the location
or locations specified by the Director of Public Works of the City
of Kenai.
i
Section 17-80. Any person, firm or corporation violating
any of the provisions of Sections 17-76 through 17-79 shall be
guilty of a misdemeanor and shall be subject to a fine in an amount
not to exceed $300.00. Each dumping shall constitute a separate
violation. Failure to comply with any of the foregoing provisions
may result in termination of the "Sanitary Waste Disposal permit"
at the discretion of the Director of Public Works of the City of Kenai.
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Page 2, Ordinance No. 302-76
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CITY OF KENAI
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JAMES A. ELSON, MAYOR
FIRST READING:
SECOND READING:
EFFECTIVE DATE:
ATTEST:
Sue C. Peter, City Clerk
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SECOND READING:
EFFECTIVE DATE:
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APPLICATION FOR SANITARY WASTE DISPOSAL PERMIT
The following are the rules and regulations governing disposal
of sanitary waste into the City sewer system.
1. Raw sewage dumped into the manhole shall contain no foreign
matter. (i.e. rocks, oil, cans, etc.)
2. If the tank used to transport the sewage has at any time
been used for the transporting of oil, the tank shall be
COMPLETELY clean of all oil before transporting of sewage
to the City manhole.
3. The sc een provided at the manhole shall be used each time
a dump is made by the permittee to prevent any foreign
matter from entering the City sewage system.
4. The permittee is responsible for keeping the manhole
location clean and in order, replacing the manhole cover upon
completion and cleaning any accidental spillage from around
the manhole.
S. The fee for each dump, regardless of the capacity of the
tank, is $10.00. Billing for the dump fee shall be on a
monthly basis by the City of Kenai. Payment may be made at
the City offices in the Kenai Municipal Airport Terminal
or by mail. Please make checks payable to the City of Kenai,
Box 580, Kenai, Alaska 99611.
6. The permittee is responsible for obtaining a sanitary waste
dump ticket PRIOR to each dump. The ticket shall be obtained
from the Comma cn cations Center in the Kenai Police Department.
The Center is open for business 24 hours per day, seven days
per week, including holidays.
7. The permittee shall have the ticket in his possession at the
time of the dump. Failure to secure a ticket and have it in
possession at the time of the dump may result in a maximum
fine of $300.00 per dump, to be enforced by the Kenai Police
Department.
S. Failure to comply with any of the foregoing may result in
termination of this permit, at the discretion of the Director
of Public Works of the City of Kenai.
I have read the foregoing regulations and hereby agree to comply
with same.
Date
Signature
Address
This Permit Expires Issued By:
-- -
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CITY OF KENAI
SEWAGE DUMPING TICKET
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DATE
TIME
FIRM NAME
ADDRESS
PHONE
TRUCK LICENSE I
GALLONAGE
MANHOLE LOCATION
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ISSUED BY
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CITY OF KENAI
ORDINANCE NO. 303-76
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING
$14,203 TO THE CAPITAL PROJECTS FUND ENTITLED "ANIMAL SHELTER" AND INCREASING
ESTIKATED REVENUES ENTITLED "FEDERAL SHARED REVENUE" BY $14,203.
WHEREAS, the City of Kenai is in need of a facility to shelter impounded animals; and
WHEREAS, it becomes necessary, for the City of Kenai to either purchase or construct
a facility to be used as an Animal Shelter; and
WHEREAS, the City of Kenai to a recipient of federal shared revenue funds in the amount
of $14.203; and
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WHEREAS, the City of Kenai desires to ., Itate funds to be received under the
Federal Revenue Sharing Act to functions considered permissible appropriations
by the act; and
WHEREAS, proper accounting practice requires that all appropriations of City monies
be made by ordinance.
NOW. THEREFORE, be it ordained by the Council of the City of Kenai, Alaska, that
the City appropriate $14,203 to the Capital Projects Fund entitled "Animal Shelter" and
inerease estimated revenues entitled "Federal Shared Revenue" by $14,203.
PASSED BY THE COUNCIL OF THE CITY OF KENAI this day of
I9?6.
ATTEST:
Sue C . Peter, City Clerk
JAMES A. ELSON, MAYOR
FIRST READING: ' July- 7. 1976
SECOND READING: Julv 21. 1976
EFFECTIVE DATE: "
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AGENDA
REGULAR MEETING - KENAI CITY COUNCIL
JULY 7. 1976 - 8:00 P.M.
•
PUBLIC SAFETY BUILDING
PLEDGE OF ALLEGIANCE
PACE
A.
ROLL CALL
AGENDA APPROVAL
S.
PUBLIC HEARINGS
1. Ordinance No. 294-76 - Dog Control
I
2. Ordinance No. 297-76/77(A) - Basic Grant. Kenai Community Library
2
3. Ordinance No. 300-76 - Accepting criminal justice Grant
3
4. Ordinance No. 301-76 - Amending Ord. 280-76, Kenai Water Reserve
4
5- Transfer Of Beverage Dispensary License - Katmai Motel
5
6.
C.
PERSONS PRESENT SCHEDULED TO BE HEARD
I. Ur. John Williams - Water/Sewer Assessments an 5th Avenue
$
2.
D.
MINUTES
1. Minutes of the regular meeting of J=9 Is, 1976
6
E.
CORRESPONDENCE
1. Mr. Arthur Evans - Letter of Resignation from Planning Commission
7
3.
F.
OLD BUSINESS
1. Port of Kenai - Access Road
2. Agreement/Furniture a Shelving for the Kenai Community Library Project
7
S.
4.
0.
NEW BUSINESS
1. Bills to be paid. bills to be ratified
8
2. Ordinance No. 302-76 - Amending City Code to Provide Penelflooldumping
of Sewage 8
I.
3. Ordinance No. $03-78 - Appropriations to Capitol Projects
4. Ordinance No. 304-76 - Regulation of Sales Taz for Retirement of Deficit
9
5. Resolution No. 76-30 - Accepting Additional Grant Funds for Water Project
10
6. Resolution No. 76-31 - Trmder of Funds - Recreation Program
10
7. Ratification of Purchase of Vehicle for Recreation Program
n
S. Resolution NO. 76-32 - Transferrintg cf Budgeting of city Clerk position
11
9. Ratification of Purchase of Vehicle for Animal Control Program
n
10. Crestim of Assessment District - Ahlstrom Subdivision
12
U. Assignment of Lease - Hilton J./Geneva E. Stesek to National Bank of Alaska 12
12. Lease of Airport Land or Facilities - W. E. Fletcher d/b/a Kenai Tbestre Enterprises 13
13. Lease of City, Owned Dock - Selemstof Seafoods. lue.
13
14. Sale of Obsolete and Surplus Usterials
14
15. Borough Foreclosure Parcels
14
H.
REPORTS
1. M Manager's Report
is
2. City Attorney's Report
15
3. Mayor's Report
16
4. City Clerk's Report
5. Mince Director's Report
III
S. Planning A Zoning Commissions Report
16
T. Read Penhunda Borough Assembly's Report
17
I. ••PERSONS
PRESENT NOT SCHEDULED TO BE HEARD
2.
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CITY OF KENAI
ORDINANCE NO. 304-76
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AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REGULATING
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THE USE OF THE PROCEEDS OF THE la SALES TAX LEVIED FOR RETIREMENT OF
PRIOR YEAR DEFICITS.
WHEREAS, a 1% sales tax was levied by Ordinance No. 267-75 for the purpose of
retirement of prior year deficits; and
WHEREAS, it is the intent that the proceeds of such tax be used solely for the purpose
for which it was levied and not used for some other purpose in an emergency situation,
- and
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WHEREAS, it is the desire of the Council that any other use of such proceeds be
- made by greater than a majority of the Council in a non -emergency context.
NOW, THEREFORE, be it ordained by the Council of the City, of Kenai, Alaska, as
follows:
r Section 1: Use of the proceeds of the 1% Sales Tax levied by Ordinance
No. 267-75 for the retirement of prior year deficits for any other purpose
other than retirement of the deficit may be made only after opportunity for
public hearing on such other use has been afforded and five members of the
Council have voted in favor of such other use at a regular meeting.
Section 2: This ordinance may be amended or repealed only by non-
emergency ordinance.
PASSED this day of
- ATTEST:
f Sue C. Peter, City Clerk
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, 1976.
JAMES A. ELSON, MAYOR
FIRST READING:
SECOND READING:
EFFECTIVE DATE:
I
The following are items over $500.00 which
need Council approval or
- ratification:
To be approved for disbursement:
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VENDOR
AMOUNTS
P.O.
_ DESCRIPTION
Airport Lighting Co.
2,255.93
8179
Taxiway Globes, Transformers,
e
and Lights
= Superior Fire Apparatus
509.64
7773
Firefighter Clothing
Kenai Electric & Mech.
4,539.28
8011
Repair Wellhouse
To be ratified:
_
Marathon Oil
3,479.20
Sas Charges
Union Oil
3,390.10
Sas Charges
Glacier State Telephone
1,578.62
lune telephone bill
Kenai Peninsula Borough
2,778.18
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Sales Tax for June Quarter
Dept. of Fish & Game
3,425.78
;omnerical Fishing License
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CITY OF KENAI
RESOLUTION NO. 76-33
BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the following
transfer of monies be made within the 1976-77 General Fund Budget:
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FROM:
-i
Animal Control - Contingency $ 19,204 E
_ - TO: w
Animal Control - Salaries & Wages 10,406
j Animal Control - Overtime 320 _
Animal Control - Benefits 3,560
Animal Control - Operating Supplies 31000
Animal Control - Repair & Maintenance Supplies 518
Animal Control - Office Supplies 400
• Animal Control - Machinery & Equipment 11000
-� The purpose of this resolution is to transfer budgeted dollars to allow for the
- . _- I development and implementation of the 1976-77 Animal Control Program.
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PASSED by the Council of the City of Renal, Alaska this day of July, 1976.
ATTEST:
Sue C. Peter. City Clerk
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JAMES A. ELSON, MAYOR
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CITY OF KENAI
7; RESOLUTION NO. 76-34
I
i BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the following
transfer of monies be made within the 1976-77 General Fund Budget:
FROM:
Recreation - Operating Supplies $ 2,240
- TO:
Recreation - Salaries 1,947
Recreation - Benefits 293
The purpose of this resolution is to transfer budgeted dollars to allow for the
y� hiring of two Recreational Assistants for the 1976-77 Recreation Program.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day
of July, 1976.
Sue C. Peter, City Clerk
JAMES A. ELSON, MAYOR
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CITY OF KENAI
RESOLUTION NO. 76-35
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SETTING
ASIDE LOT 3, BLOCK H, BEAVER CREEK ALASKA SUBDIVISION, TAX PARCEL
#041-080-0300 FOR IMMEDIATE PUBLIC USE BY THE CITY OF KENAI.
WHEREAS, the Council recognizes a need for a fire substation at the east end
of the City of Kenai in order to improve fire protection in that area; and
WHEREAS, Lot 3, Block H, Beaver Creek Alaska Subdivision, has been fore-
closed on by the Kenai Peninsula Borough for nonpayment of real property taxes
and is available to the City of Kenai for immediate public use; and
WHEREAS, it has been determined by the Kenai Advisory Planning and Zoning
Commission and the City Administration that Lot 3, Block H, Beaver Creek
Subdivision, is an appropriate place for a fire substation.
NOW, THEREFORE, BE IT RESOLVED.by the Council of the City of Kenai, Alaska,
as follows:
Section 1: The Council of the City of Kenai hereby declares that the City
of Kenai has an immediate public use for Lot 3, Block H, Beaver Creek
Alaska Subdivision, Tax Parcel #041-080-0300. Such lot shall be used
as a reserve upon which a fire substation to to be built at a future date.
Section 2: Lot 3, Block H, Beaver Creek Alaska Subdivision, Tax
Parcel #041-080-0300. is hereby set aside for immediate public use
by the City of Kenai. The Administration to hereby directed to take
over appropriate maintenance of the parcel and to include the con-
struction of a fire substation at this location in any Capital Improvements
programs presented to the Council.
PASSED by the Council of the City of Kenai, Alaska, this day of
July , 1976.
JAMES A. ELSON, MAYOR
ATTEST:
Sue C. Peter, City Clerk
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CITY OF KENAI
F)
RESOLUTION ldO. 76-36
BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the following
transfers of monies be made within the 1976-77 General Fund Budget:
-
FROM:
Contingency $115
-----
TO:
-'
Non Departmental - Miscellaneous $115
The purpose of this resolution is to transfer budgeted dollars to allow for the _
payment of Kenai Peninsula Borough Real Property taxes on Lot 3, Block H,
_
Beaver Creek Alaska Subdivision, Tax Parcel #041-080-0300, which lot the
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City has set aside for immediate public use. r
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PASSED by the Council of the City of Kenai. Alaska, this day of
July, 1976.
j.
JAMES A. ELSON, MAYOR
ATTEST.
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Sue C. Peter. City Clerk
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CITY OF KENAI
RESOLUTION NO. 76-37 i
BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the following
transfers of monies be made within the 1976-77 General Fund Budget:
FROM:
Legislative - Transportation $100
d '
TO:
Legislative - Miscellaneous $100
The purpose of this resolution is to transfer budgeted dollars to allow for
expenditures in hosting the Alaska Municipal League Board of Directors l�
at their Annual Meeting.
PASSED BY THE COUNCIL OF KENAI. ALASKA, this day of
July. 1976.
ATTEST:
Sue C. Peter, City Clerk
JAMES A. ELSON , MAYOR
1•
A :iS IGMY4ENT
1, EDWARD A. FERGUSON. hereinafter referred to as Assignor,
tfox and :in cunbideration of the sum of i
DOLLARS ($ ), and other valuable consid-
eration, to him in hand paid by YOSHI SHIOHIRA and RUTH SHIOHIRA,
husband and wife, hereinafter referred to as Assignees, the recei t
for which is hereby acknowledged, does hereby sell, transfer,
convey and assign all of his right, title and interest in and to
! that certain Lease on the following described real property, to -
wit:
{ Lot three (3) of GUSTY SUBDIVISION, according
!I to the official plat recorded in the Kenai
Recording District, Third Judicial District,
State of Alaska.
Said Lease dated August 30, 1970, recorded on August 12,
1970 in hist. Book 38 at Page 210, Kenai Recording District,
Third Judicial District, State of Alaska..
This Assignment is subject to the approval of the CITY OF
KENAI.
I Dated at Kenai, Alaska, this day of July, 1976.
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EDWARD A. FERGUS014
Accepted and Approved this day of , 1976,
CITY OF KENAI
By:
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
THIS -IS TO CERTIFY that on this day of 1976,
before ate, the undersigned Notary-TuSlic in and for the State of
Alaska, personally appeared EDWARD A. FRRGUSOV known to rye to be
the person named in the foregoing instrument, and acknowledged to
Vie that he executed the same freely and voluntarily, for the uses
and purposes therein contained.
IN WITNESS HEREOF, I have hereunto set my hand and seal the day
and year first•hereinabove written.
• notary Pubic, State of Alas]ca
1tow�ao a a�hm TIy commission expires:
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CITY OF KENA1
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CONSENT TO SUBLEASE OR ASSIGNMENT
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The (Assignment of Lease) from
_
Robert T. Bielefeld and Norma »ieiereio , to
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National Bank of Alaska ,
_
dated June 29, 1976 , covering the following described
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property:
_
lot One (1), Block Five (5), SMALL AIRCRAFT APRON SUBDIVISION, according
- ;
to the official Plat filed June 13, 1967, in the Kenai Recording District,
Third Judicial District, State of Alaska..
Is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms
and conditions as contained in the original Lease above mentioned. "
This Consent is given by the City of Kenai without waiving any
right or action, or releasing the Assignor from any liability or respon-
sibility under the aforementioned Lease, and does not relieve the Assignee
from the condition requiring City approval for any subsequent sublease or
assignment.
_
CITY MANAGER
_ =
STATE OF ALASKA
I
TRIRD JUDICIAL DISTRICT
o.
on this day of , 1976, before me personally
appeared , known to be the person who
he (she) had the authority
executed the above instrument, and acknowledged that
to sign, for the purposes stated therein.
NOTARY PUBLIC FOR ALASKA
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My Commission Expires:
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ROBERT T. BIELEFELD and NORMA BIELEFELD, of Box 46, Kenai, Alaska,
hereinafter referred to as the Assignors, for TEN DOLLARS and other
valuable consideration, do hereby assign and transfer to NATIONAL BANK OF
ALASKA, of Anchorage, Alaska, hereinafter referred to as the Assignee, all
of their interest in the following described lease, with the City of Kenai
as Lessor:
Lot One (1), Block Five (5), SMALL AIRCRAFT APRON SUBDIVISION,
according to the official Plat filed June 13, 1967, in the Kenai
Recording District, Third Judicial District, State of Alaska.
DATED: .---h•c.L:�c-r -2,
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ASSIGNORS:
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ROB
ERT T. BIELEFEL
I FELD '
STATE OF ALASKA }
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THIRD JUDICIAL DISTRICT) ,,�
THIS IS TO CERTIFY that on this � day of
1976, before me, the undersigned, a Notary Public in a for Wska, duly
commissioned and sworn as such, personally appeared ROBERT T. BIELEFELD and
NORMA BIELEFELD, to me known and known to me to be the individuals named in .
and who executed the foregoing instrument and they acknowledged to me that
they signed the said instrument for the uses and purposes therein mentioned.
IN -WITNESS WHEREOF, I have hereunto s;otary
my and and official seal
the day and year above written.
Public in and for Alaska
'My Commission Expires:./ /6
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9
1. City Manager's Report 8
2. City Attorney's Report 9
3. Mayor's Report 9-10
4. City Clerk's Report 10
S. Finance Director's Report 10
6. Planning A Zoning Commission's Report 11
T. Kenai Peninsula Borough Assembly's Report U-12
• i. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
1. Mr. Doug Haynes, AAI
2.Mr. James E. Fisher It
AGENDA
REGULAR MEETING - KENAI CITY COUNCIL
JUNE 2. 1976 - 8:00 P.M.
PUBLIC SAFETY BUILDING
PLEDGE OF ALLEGIANCE
PAGE
A
ROLL CALL
AGENDA APPROVAL
B.
PUBLIC HEARINGS
1. Ordinance No. 209-76 Designsting city Clerk be appointed by Council
I
2.
3.
C.
PERSONS PRESENT SCHEDULED TO BE HEARD
1. XCHS Lettermen's Club - Larry Jackson a Dave Tressler
1-2
2.
D.
MINUTES
1. Minutes of the Regular Meeting of May 19. 1976
2
2. Minutes of the Special Meeting of May 26. 1976
S.
CORRESPONDENCE
F.
OLD BUSINESS
2
1. Council Approval Janitorial Contract
S.
4.
.0.
NEW BUSINESS
3-
1. Bills to be paid. bills to be ratified
4
2. Resolution No. 76-26. Transfer of Funds
4-
3. Acceptance of Bid for Furnishings - Kenai Community Library Project
6
4. Games of Skill a Chance - Fraternal Order of Eagles
0
5. Lease of Airport Lands or Facilities - Alaska Industrial Hardware. Inc.
6-7
6. Lease of Airport Lands or Facilities - Ni I ton J. /Geneva F. Stasek.
7. Final Payment - Airport Lighting Contract -- Dunamis Electric
7
0
S. Amendment to Contract for Engineering Services - Kenai Water Project
9.
10.
U.
12.
13.
14.
15.
REPORTS
1. City Manager's Report 8
2. City Attorney's Report 9
3. Mayor's Report 9-10
4. City Clerk's Report 10
S. Finance Director's Report 10
6. Planning A Zoning Commission's Report 11
T. Kenai Peninsula Borough Assembly's Report U-12
• i. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
1. Mr. Doug Haynes, AAI
2.Mr. James E. Fisher It
KENAI CITY COUNCIL - REGULAR MEETING
JUNE 2, 1976 - 8: 00 P.M.
PUBLIC SAFETY BUILDING
MAYOR JAMES A. ELSON PRESIDING
PLEDGE OF ALI.EGiANCE
-; A. ROLL CALL
Present: Edward Ambarian, Tom Ackerly, Al Hudson, Richard Morgan and
James Elson.
Absent: Walter Sweet and Dan Whelan
AGENDA APPROVAL
There being no additions or corrections to the agenda, it stood approved as
distributed.
B. PUBLIC HEARINGS
B-1: Ordinance No. 299-76 - Designating City Clerk be appointed by Council
Mayor Elson read Ordinance No. 299-76, "an ordinance of the Council of the City
of Kenai, Alaska, amending Ordinance No. 176-69 by designating that the City Clerk
be appointed by the Council of the City of Kenai. Now, Therefore, be it ordained
by the Council of the City of Kenai, Alaska, that Section 1-21(b) of the Code of the
City of Kenai be hereby amended to read in its entirety as follows: (b) The City
Clerk shall be an officer of the City appointed by the Kenai City Council for an
indefinite term. "
City Attorney, Janis Williams, advised that the situation previously had been
that the City Manager appointed the City Clerk.
Mayor Elson opened the meeting to the public for their comment and input. There
being none, the hearing was returned to the Council table.
MOTION:
Councilman Ambarian moved, seconded by Councilman Ackerly, for adoption of
Ordinance No. 299-76, amending Ordinance 176-69 by designating that the. City
Clerk be appointed by the Council of the City of Kenai.
Motion passed unanimously by roll call vote.
C. PERSONS PRESENT SCHEDULED TO BE HEARD
KENAI CITY COUNCIL, REGULAR MEETING, JUNE 2, 1976
h_l 11�I1 �11II I I II � lyl III ' III��i
PAGE 2
C-1: KCHS Lettermen's Club - Larry Jackson and nave TressIer
Mr. Larry Jackson, speaking on behalf of the Kenai Central High School
Lettermen's Club thanked the Council for their support on many Kenai Central
High School events and expressed a special "thank you" to Councilman Hudson
who the Club has designated an honorary member. Mr. Jackson and Mr. Tressler
presented Councilman Hudson a token of the Club's appreciation. Among the gifts
presented to Councilman Hudson was a Letterman's tee-shirt.
D. MINUTES
D-1: Minutes of the Regular Meeting of May 19, 1976
Mayor Elson advised of a correction on page 8 of the minutes, referring to the motion
for approval of Change Order #4 and Change Order #5 -- Mayor Elson requested that
a dollar figure of $16,675 be included in that motion. There being no further additions,
the minutes stood approved as corrected.
D-2: Minutes of the Special Meeting of May 26, 1976
Mayor Elson instructed the clerk to correct the minutes on page 5 as a typographical
error had been made with reference to Mr. H. J. Steiner -- should read Mr. not Mrs.
There being no further corrections, the minutes stood approved as corrected.
E. CORRESPONDENCE
None
F. OLD BUSINESS
F-1: Council Approval - Janitorial Contract
Mr. Aber reported at the last meeting of the Council, the Janitorial Contract
had been awarded to Livia Barksdale d/b/a Livia'a Janitorial Service who was low
bidder. Upon awarding of the bid, Administration was directed to prepare a contract
with Miss Barksdale and present it to Council for final approval.
Councilman Hudson suggested that the janitorial service be reminded to clean the
windows in the Airport Terminal Building.
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KENAI CITY COUNCIL, REGULAR MEETING, JUNE 2, 1576 PAGE 3
MOTION:
- - Councilman Ambarian moved, seconded by Councilman ]Horgan, for approval of
_..- contract fol' juniiorial services between the City of Kenai, Alaska, and Livia's
Janitorial Service for services provided to the Kenai Airport Terminal Bundrng,
commencing on July 1, 1978 and terminating on June 30, 1577. Approval of this
contract is to be contingent upon receipt of all required certificates of insurance.
Motion passed unanimously by roll call vote,
G. NEW BUSINESS
G -l: Bills to be paid, Bills to be ratified j
Mr. Aber advised that all items listed were budgeted with the exception of the
billing from Alaska Apparatus and this had been taken care of in a resolution - -
passed at a prior meeting of the Council regarding intrafund transfers on line item
over -expenditures. r
MOTION: 1
Councilman Morgan moved, seconded by Councilman Ambarian, for approval
of bills to be paid and bills to be ratified as listed.
Motion passed unanimously by roll call vote, 1
I-1: Mr. Doug Haynes, Alaska Aeronautical Industries
Mayor Elson requested Council consideration to allow Mr. Haynes to speak
as he was from out of the City and had been unable to get scheduled under "Persons j
Present Scheduled to be Heard". Council concurred and Mr. Haynes advised r i
Council that Polar Airways had made application to the ATC for service to Soldotna
and Kenai. Mr. Haynes reported that AAI was presently running 20 flights a day
to Kenai and running 9 freight flights a week. Mr. Haynes introduced Mr. Jack
Stern, Attorney from Anchorage, representing AAI with regard to this matter.
Mr. Stern advised the Council that he can prove that competition of this nature
would not improve the service but would "bunch up the flights" at the busiest times
of the day. Mr. Stern urged the Council to review the matter and should they desire
AAI would appreciate support of the Council of the City of Kenai in this matter.
Councilman Morgan asked what projections AAI had made for the future and was
advised by Mr. Haynes that AAI would be sticking with its present equipment
and do not intend to expand too much more as they just opened new routes to
Seward, Iliamna, etc. -
Mayor Elson thanked both Mr. Haynes and Mr. Stern for their presentation to the
Council.
KENAI CITY COUNCIL, REGULAR MEETING, JUNK 2, 1976 PAGE 4
G-2: Resolution No. 76-26, Transfer of Funds
_ Mayor Elson read Resolution No. 786-26, "resolving that the following transfer
of money be made within the 1975-76 General Fund Budget - From: Non -Departmental/
Contingency - (418) To: Non-Departmental/Miscellaneous - $418. The purpose
of this resolution is to transfer budgeted dollars to allow for payment of Kenai
Peninsula Borough taxes on peoperty set aside as foreclosed property per
Resolution No. 76-23".
_! MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, for approval of
Resolution No. 76-26, transfer of monies within the 1975-76 General Fund Budget.
Motion passed unanimously by roll call vote.
G-3: Acceptance of Bid for Furnishings - Kenai Community Library Project
Mayor Elson introduced Mrs. Nedra Evenson, President of the Board of Directors
for the Kenai Community Library. Mrs. Evenson read a letter addressed to the
I
Mayor and City Council from the Board of Directors of the Library. The letter was
as follows: "At 10: 00 a.m. on Friday, May 21, 1976, bids for library furnishings
were received and opened in the offices of Acting City Manager Phillip Aber. The
two companies submitting are: The Paul Timmerman Company and the Yukon Office
Supply, Inc. To supplement the costs of the awarded contract, the Library Board is
seeking permission to use the Restricted Library Fund as a matching fund with the
State of Alaska. The amount of the restricted fund is $8,542 and should be increased i
to an even $10,000 to make a $20,000 matching grant. The Paul Timmerman Company
has prepared a bid on the entire furnishings proposal, amounting to $72,054.91 that
i
l; Includes some metal and some oak shelving, and an alternate bid of an additional
$15,975 for complete oak shelving. The Yukon Office Supply, Inc. has submitted
- a bid on a portion of the furnishings that includes polyester laminate shelving
amounting to $53,413.04. Adjusting these two bids so that each company's bid
Is on like furnishings, the amounts are: The Paul Timmerman Company - $63,962.65 i
- - r and the Yukon Office Supply, Inc. - $62,442.79. This adjustment necessitates the
., local purchase of deleted items, such as: 10' ladder, metal bicycle rack, staff i
-f lounge appliances and typewriters, amount to $6,200 (later adjusted to $5,500).
1 It is the Library Board of Directors' recommendation that The Paul Timmerman
' Company bid be awarded on the basis of the alternate oak shelving bid, plus
the amount of $6,200 (adjusted to $5,500) for the deleted items to be purchased
locally". Mrs. Evenson further stated that it was the request of the Library
Y-
Board that the bid be awarded to the Paul Timmerman Company in the amount of
- -
$69,462.65 as their bid most nearly meets the requirements of the bid specs.".
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KENAI CITY COUNCIL, REGULAR MEETING, JUNE 2, 1976
M, F. . r - "-%
i 1_1011 mill W111111 I II I�III I r
PAGE 5
Mr. Ross Kinney, Finance Director, advised the Council with regard to the
$10,000 to make an even matching grant in the amount of $20,000, as the City
has not even applied for the additional grant funds and the State will not accept
our application until after the first of July, it was his recommendation that the
Council wait until the grant has been submitted and written verification of acceptance
from the State has been received.
Mayor Elson stated that with regard to the total grant, $550,000 had been set with
a 60/40 split between the City and the State. At an earlier meeting, Council had
set aside a specific amount for furnishings. Mayor Elson inquired, based on the
recommendation from the Library Board, how close is the City to staying within
the basic concept. Mr. Kinney advised that at present $58,542 was available.
Mr. Aber recommended that we go ahead with what we have at present ($58,542)
and upon receipt of a letter from Mr. Engen, Director of State Libraries and
Museums, the City could proceed with regard to the $10, 000 for $20, 000 matching
funds..
Mrs. Emily DeForest, City Librarian, advised that a letter was in the mail
from Mr. Engen verifying the State would match funds (restricted funds of the City)
for a $20,000 matching grant. Councilman Ambarian inquired from the City
Attorney if the Council could proceed with acceptance of the bid recommendation
based on receipt of the letter from Mr. Engen? Janis Williams, City Attorney,
advised that yes, the City Council accept the bid but the letter would have to
be specifically so stated. Councilman Ambarian advised that the Library Board
was working on obtaining additional funds to bring the restricted fund of $8,542
up to $10,000.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, for acceptance
of the Kenai Library Board's recommendation that The Paul Timmerman Company
bid in the amount of $69,462.65 be awarded contingent upon receipt of a letter
of intent that the State will make, upon application, a $20,000 matching grant.
Councilman Morgan stated that he opposed accepting a higher bid on like furnishings.
Councilman Ambarian advised that the Library Board, after considerable consideraton,
felt that the Paul Timmerman Company came closest to matching the specifications
in the bid document.
• Mr. Aber advised that one of the big differences was that Yukon did not bid
on several items but items bid on were the same amount, same specifications as
the other bidder.
KENAI CITY COUNCIL, REGULAR MEETING, JUNE 2, 1976
QUESTION:
Motion passed unanimously by roll call vote.
G-4: Games of Skill and Chance - Fraternal Order of Engles
PAGE 6
Mr. Aber advised that the State of Alaska require qualified organizations to
file an application for permit for authorized games of chance and skill and
Mr. Aber further stated that he recommended approval of the permit to the
Fraternal Order of Eagles.
MOTION:
Councilman Morgan moved, seconded by Councilman Hudson, for approval
of application for permit for authorized games of chance and skill to the
Kenai Peninsula Aerie #3525/3249, Fraternal Order of Eagles.
— ! Motion passed unanimously by roll call vote.
G-5: Lease of Airport Lands or Facilities - Alaska Industrial Hardware
I
Mr. Aber advised that Alaska Industrial Hardward had requested to lease
Lot 8, Block 2, Fidalgo Subdivision, for a period of 55 years at an annual rental
_-! of $888. Assessments owing in the amount of -$1,199.54 are for sewer only.
° The Lessee shall be liable for payment of assessments benefiting this property
- which may be levied in the future.
-- MOTION:
Councilman Hudson moved, seconded by Councilman Ambarian, for approval
of lease of Airport Lands or Facilities to Alaska Industrial Hardware, Lot 8, Block 2,
Fidalgo Subdivision, for a period of 55 years and for an annual rental rate of
$888.
Motion passed unanimously by roll call vote.
- G-6: Lease of Airport Lands or Facilities - Milton J./Geneva F: Stasek
Mr. Aber advised that this lease for Lots 2 and 3, Block 5, General Aviation
Apron, to Milton J./Geneva F. Stasek, was for a period of 55 years and each
lot was to be rented for $1,166 annually. Assessments for sewer only on each
lot will be $1,575.05 for a total of $3,150.10. The purpose of this lease is for a
commercial business establishment and aviation services as per General
Aviation Apron Subdivision Covenants.
s . Mr. Aber further advised that it was the intent of the Lessee to build
an the common boundary as the size of the building was too large for one lot.
r.
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KENAI CITY COUNCIL, REGULAR MEETING, JUNE 2, 1876 PAGE 7
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, for approval
of lease of airport lands or facilities to Milton J./Geneva F. Stasek, for
Lots 2 and 3, Block 5, General Aviation Apron.
Motion passed unanimously by roll call vote.
Administration was directed, by Council request, to consolidate the two leases
as presented so that hereafter the leases would be considered as one document.
RECONSIDERATION:
Councilman Morgan moved, seconded by Councilman Hudson, for reconsideration
of the lease of Airport Lands or Facilities to Alaska Industrial Hardware.
Motion passed unanimously.
MOTION:
Councilman Morgan moved, seconded by Councilman Hudson, to amend the
motion for approval of lease to include under "In addition to the rents
specified above....." item (a) - for sewer assessments only.
U
Motion passed unanimously by roll call vote.
MAIN - AS AMENDED
Motion passed unanimously by roll call vote.
G-7: Final Payment - Airport Lighting Control - Dunamis Electric
Mr. Aber advised that this item is the final payment on the Airport Lighting
Control contract. Of the monies involved, funding of 62-1/2% is from ADAP
and the rest funded from the State. There will be no monies from the City
Involved. Mr. Aber also requested that approval of final payment be made
contingent upon receipt of a release from the contractor holding the City harmless
- from claims arising from the subject construction project or the contractor's
+,y
liabilities.
' ` L MOTION:
-a Councilman Hudson moved, seconded by Councilman Ambarian, for approval
} - of final payment in the amount of $1,877.20 to Dunamis Electric for the Airport
Lighting Control Project. This payment will be contingent upon receipt of a
release from the contractor holding the City harmless from claims arising from
y the subject construction project or the contractor's liabilities.
Motion passed unanimously by roll call vote.
KENAI CITY COUNCIL, REGULAR MEETING, JUNE 2, 1976 PAGE 8
G-8: Amendment to Contract for Engineering Services - Kenai Water Project
11'T.r. Aber ad iZed that this zmein'a.mcnt ;:;wi required by the Ei)A buiore proceeding
with the project. Also the EDA has required that the City open a separate
checking account as a depository guaranteeing that the City's share is reserved.
Administration requests Council authorization to set up this account.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, to authorize
Administration to establish a depository for the Kenai Water Well Project
per EDA requirements. This despository is not to exceed $210,000.
Motion passed unanimously by roll call vote.
H. REPORTS -
H-1: City Manager's Report
(a) Animal Control - Mr. Aber requested Council authorization to use the remaining
$4,900 in this year's budget for Animal Control to purchase a vehicle.
Councilman Hudson stated he felt this would be acceptable in order to alleviate
some of the burden of expense on the limited 1976-77 budget. Administration
was directed to prepare a resolution authorizing the transfer of funds from
Animal Control/Salaries and Wages to Animal Control/Machinery and Equipment.
(b) W. Aber advised that the City (particularly the Fire Department) is having
difficulties with the Borough Refuse Site in Kenai. The City has been called
out for fire problems. Councilman Hudson advised that the matter of the Kenai i
Refuse Site had come up before the Borough Assembly last evening and the
Borough Mayor stated that the present contractor, Peninsula Sanitation,
is the responsible party. .
Mayor Elson stated that as the Borough has the authority for solid waste, the
City should direct the complaint to them. if the City had a contractor who had
created a hazard at the refuse site, the City would have been held responsible.
In the past, when the City of Kenai operated the refuse facility, EPA had
required the premises be locked up when no one was on duty, etc. Therefore,
at present, it is well within our rights to see that the refuse site is being
maintained properly. Council directed the Administration to proceed with
billing the Kenai Peninsula Borough for costs incurred by the Kenai Fire Depart-
ment.
(c) Wildwood Water Meters - Mr. Aber advised that the water meter had been
installed at Wildwood this afternoon, Mr. Aber had talked with Air. Miller,
President of KNA, who stated he felt that the City's billing on estimated
usage for Wildwood had been high and Mr. Miller requested that some
consideration be given with regard to this bill should be water meter indicate
a less amount used. Mr. Aber had advised Mr. Miller that he felt the City `
could work something out if it were justified.
KENAI CITY COUNCIL, REGULAR MEETING, JUKE 2, 1976
PAGE 9
(d) Oiler Field and Burning Permit - Councilman Morgan advised the Council that
the Oiler organization had applied for a burning permit and after Chief
Thomas had checked the area out, the Chief had advised the Oilers that they
would be issued the permit. During the weekend when the Oilers went to the
Fire Department to pick up the permit, the Assistant Chief advised they had not been
given permission from Chief Thomas and the Chief was ou: of the City for the
weekend. Acting City Manager, Phillip Aber, advised that the Oilers could
burn only three trees at a time. The Oilers found this too time consuming
and could not get a good fire burning with only three trees at a time so they
requested, and received, permission to bury the trees.. At this point in time,
the owner of the adjoining property started burning and was given a permit
from the Fire Department. The Oilers noted that this person left his burn
unattended, etc. Councilman Morgan stated that his point is why were the
Oilers given such a hassle -- it appears the City is not using consistency
with their regulations. Councilman Morgan advised that there are very bad
feelings with regard to the City Administration developing on behalf of some
people associated with the Oilers. Mr. Aber stated he felt that there had been
difficulty in communication and had discussed the situation with Chief Thomas
and developed some revised guidelines for issuance of burning permits.
Mr. Aber further stated that it is the intent of Administration to get all of the
City regulations down in black and white as soon as possible.
H-2: City Attorney's Report
City Attorney, Janis Williams, advised the Council that at the meeting in
Anchorage, they had been informed that HB 170 passed, providing free
judicial services to municipalities and is now before the Governor for
signature.
H-3: Mayor's Report
(a) Mayor Elson announced the appointment of Mr. Nick Miller to the Planning
and Zoning Commission.
(b) Appointment of City Manager - Mayor Elson appointed Councilmen Ambarian,
Morgan and Whelan to the committee to review the City Manager applicants
and make a selection of the top five.
(c) Work Session - it was discussed during the budget work sessions that a
work session be held to establish priorities for Administration to give their
utmost efforts. A Work Session was agreed upon for Thursday, June 10,
In the Public Safety Building at 7:30 p.m. The Clerk was instructed to
advertise the Work Session.
KENAI CITY COUNCIL, REGULAR MEETING, JUNE 2, 1976
PAGE 10
(d) Mayor Elson inquired as to the Ordinance with regard to the trailers parked
In the Urban section with "For Sale" signs on them. Administration was
directed to luck fnto 'Ale matter and report buck to Coutiell .
H-4: City Clerk's Report
None
H-5: Finance Director's Report
Mayor Elson inquired if with regard to the Wien payment will a resolution
have to be prepared showing that the money is going to be encumbered
next year? Mr. Kinney advised he would like to set it up as "payment in
advance".
H-6: Planning & Zoning Commission's Report
Councilman Ambarian stated that he had no report but did request that
someone else from Council be selected to represent the Council on the
Planning Commission as he had served for over a year and a half. Playor
Elson advised a replacement would be selected when all members of Council
were present.
H-7: Kenai Peninsula Borough Assembly's Report
Councilman Hudson advised the following Ordinances had passed hearing
at the Assembly meeting of Tuesday, June 1, 1976: (a) Ord. 76-31, An
Ordinance abolishing the Seldovia Water Service area and Transferring
Its Assets and Liabilities to the City of Seldovia; (b) Ord. 76-32, An
Ordinance establishing the salary schedule for Borough employees for the
Fiscal Year 1976-77; (d) Ord. 76-34, An ordinance appropriating funds for
Fiscal Year 1976-77 for General Fund (the mill levy and sales tax remained
the same); (e) Ord. 76-35, An ordinance appropriating funds for Fiscal
Year 1976-77 for Capital Projects; (f) Ord. 76-36, An ordinance appropriating
Funds for .Fiscal Year 1976-77 for all Service Area Funds within the Kenai
Peninsula Borough.
Introduction of Ord. 76-38, was not well received by the Assembly.
Mayor Elson suggested that Administration sit down and prepare a workable
amendment so that Councilman Hudson could take it back to the next meeting
of xhe Assembly.
KENAI CITY COUNCIL, REGULAR MEETING, JUNE 2, 1976 PAGE 11
PERSONS PRESENT NOT SCHEDULED TO BE BEARD
I
I-2: Mr. James E. Fisher
- Mr. Fisher stated that with regard to the hearing of Ord. 76-38, perhaps
someone from the City could attend with back-up material and field some
of the questions that will arise. Assemblyman O'Connell stated he almost
voted against introduction as the Ordinance was very unclear as to the City's
intent. Assemblyman O'Connellfurther remarked he felt the ordinance
very "restrictive" .
Mayor Elson stated that the City has the responsibility to protect its only
t one water resource. Mr. Aber explained that the final approval for any
-- - permits issued to drill wells in the area would have to come from the State y _
and the State would contact the City as well. Additional investigation into
the matter was authorized.
ADJOURNMENT
There being no further business, Mayor Elson adjourned the meeting
at 10:15 P.M.
Respectfully submitted,
3u C . Peter, City Clerk
KENAI PENINSULA BOROUGH
---. ` AGENDA FOR REGULAR ASSEMBLY MEETING
�w + JULY 20, 19761 7:30 P.M.
BOROUGH AD14INISTRATION BUILDING
P. 0. BOX 850
SOLDOTNA, ALASKA 99669
- A G E N D A -
ABsemblY,
Corr 9
Davis 9
Douglas 9
A. CALL TO ORDER AND ROLL CALL Elson
10.66
Fields
9
B. PLEDGE OF ALLEGIANCE 6/or OPENING CEREMONY Fischer
9
-!
Hamilton
9
C. SEATING OF NEW ASSEMBLYMEN Hamrick
4
Hudson::
10.67
D. AGENDA APPROVAL Johnson
10.67
-
Lutz
7.5
E. MINUTES: JULY 6, 1976 Mika
9
Mullen
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F. ORDINANCE HEARINGS: O'Connell
9
-
Oldow
7.5
(a) Ord. 76-39 "An Ordinance Concerning Cooper
10
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Rezoning Within the City of Seward "
Tdr
(to expand General Commercial District
of the City)
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(b) Otd. 76-41 "An Ordinance Providing an
Election Code" (revising entire election
`
ordinance)
(c) Ord. 76-38 "An Ordinance Allowing the City
of Kenai to Prohibit the Appropriation of
Water Beneath the Surface of Approximately
50 Square Miles of Land in the Seaver Creek
Ground Water System, a Large Portion of
Which Lies Within the Kenai Peninsula Borough•
(Action postponed from 7-6 to 7-20-76)
-- See Kenai Ordinance Attached ---
G. INTRODUCTION OF ORDINANCES
j
(a) Ord. 76-46 "An Ordinance Authorizing the
j
incurring of Indebtedness for General
Obligation Bonds -in an Amount Not to Exceed
$20,445,000 for the Purpose of Constructing
-.
and Equipping the Following Schools:
Anchor Point School, 2 Classroom Addition
Sterling School, 3 Classroom Addition
Homer High School, 9 Classroom Addition
Tustumena School, 3 Classroom Addition
i.<
Soldotna High School
`."
with Payment of Such indebtedness to be
".. (
Derived from Taxes Levied Within the Kenai
Peninsula Borough and Such Other Revenues
as May be Properly Pledged for Such Payment,
Subject to the Approval of the Voters of the
Kenai Peninsula Borough at the Regular
Election on October S, 1976 "
AGENDA FOR JULY 20, 1976 ASSEMBLY MEETING PAGE 2.
(b) Ord. 76-47 'An Ordinance Placing on the Ballot
for the Next General Election the Question As
to Whether the Central Kenai Peninsula Hospital
Service Area Should Participate in the Providing
of a Detoxification Center'
B. PUBLIC PRESENTATIONS (with Prior Notice)
I. COMMITTEE REPORTS:
(a) School Hoard, July 19, 1976
(b) Cook Inlet Air Resources Mgmt. District
(c) O.E. D.P.
aT. MAYOR'S REPORT
(a) Financial Report - June 1976
(Year End Entries Not Included)
(b) Petition from the Hear Creek Area (near Seward)
for a Fire Service Area
• (c) Appointment of Borough Attorney (ft. Sarisky)
K. SCHOOL CONSTRUCTION REPORT
' (a) Construction Status Report - July 15, 1976
(b) Change Orders - Bartlett i Nikolaevsk (for information)
L. OTHER BUSINESS
(a) Res 76-33 "A Resolution for the Publishing of Notice
for the Roll of Delinquent Real Property for 1975"
(b) Policies of Planning Commission - Information
(c) Waiver of Penalty and interest Requests:
1) Feetham
' , r 2) Anderson
(d) Waiver of Time for Filing - Senior Citizens Exemption
1) Don Madden
2) Eora Wilson
(e) Res. 76-29 'A Resolution Approving the Form for
Peronsonal property Tax Returns' (Forms included)
(f) Appointments - CPESA
M. MAYOR AND ASSEMBLY: C0301ENTS AND DISCUSSION
N. PUBLIC PRESENTATIONS
o. INFORMATIONAL MATERIALS AND REPORTS
As Minutes oft Agenda for School Board 7/19
North Kenai Fire Ser Area 5-12-76
bt Correspondences Resignation and replacement of
A. L. Hudson; Soldotna High School -Dave Keating;
% State of Alaska, D.A., Kertulla- Nash Road
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AGENDA FOR JULY 20, 1976 ASSEMBLY MEETING PAGE 3.
Marshall, July 6, 1976,and Court Ruling Taxing
Officials (presented by Mika)
P. NEXT MEETING: August 3, 1976, Borough Adm.,Bldg,
Soldotna, Alaska
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C UX�IL MEETING OF AUGus',64, 9? ,)r
,
• MORt3AN
WHELAN
AMBAR
- ACKERLY
HUDSON
SWEET
- ELSON
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AGENDA
REGULAR MEETING - KENAI CITY COUNCIL
August 4, 1076 - 8:00 P.M.
PUBLIC SAFETY BUILDING
PLEDGE OF ALLEGIANCE
A
ROLL CALL
AGENDA APPROVAL
B.
PUBLIC HEARINGS
1.
2.
4.
C.
PERSONS PRESENT SCHEDULED TO BE HEARD
1.
2.
D.
MINUTES
1. Minutes of the regular meeting of July 21, 1976
E
CORRESPONDENCE
1.
2.
F
OLD BUSINESS
1. Ord. 306-76 - Amending Ord. 267-75 - Dedication of IS Sales Tax
2.Ord - 304-76 - Regulation of Sales Tax for Retirement of Deficit
Ord.",*"o
2
Ord. ,1177�66-6,91a, 1,01�2771& Rees. 770-32�d possible
3.11v-eveluetlon of 99-76
Charter changes
0.
NEW BUSINESS
1. Bids to be paid, bills to be ratified
2. Ordinance No. 305-76 - Amending Kenai Municipal Airport Regulations
3. Resolution No. 76-38 - Transfer of Funds, City Manager. Avplicants
4. Ratification of Expenditures - City Manager Applicants
S. Lease of Airport Facilities - Avis Rent-A-Car
6. Special Use Permit - Glacier State Telepbone Co.
7. Cost Estimate No. 7 Kenai Community Library Project
0. Payment to Consultirg Engineer - Kenai Water Project
9. Police Car Bids
10.
U.
12.
13.
14.
H.
REPORTS
1. City Manager's Report
2. City Attorney's Report
S. Blayor's Report
4. City Clerk's Report
5. Finance Director's Report
S. Planning & Zoning Commission's Report
7. Kenai Peninsula Borough Assembly's Report
I.
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
2.
AGENDA
REGULAR MEETING - KF.NAI CITY COUNCIL.
JULY 21, I976 - S. 00 P.M.
PUBLIC SAFETY BUILDING
PLEOM OF ALLEOIJA VE
A.
ROLL CALL
PAGE
AGENDA APPROVAL
i
B.
PUBLIC HEARINGS
}
1. Ordinance No. 302-76. Amending Code to Provide Penalties/dumping of Sewage
1
2. Ordinance No. 303-78 - Appropriations to Capital Projects
2
a.
k
4.
t
C.
PERSONS PRESENT SCHEDULED TO BE HEARD
1. Mr. Kyle Weaver. City of Kenai Director of Recreation
3 1
2. Mr. Bob Walker. Kenai Public.Safety Auxliisrg
3 4
S. Mr. A. L. Hudson
4
"
D.
MINIMS
1. Minutes of the regular meeting of July 7. 1916
6
E.
CORRESPONDENCE
1.
2.
F.
OLD BUSINESS
1. Ordinance No. 304-76 - Regulation of Sales Tax far Retirement of Deficit
5
2.
3. -
4.
S.
0.
NEW BUSINESS
1. Bills to be paid. bills to be ratified
6
2. Resolution No. ?6-33 - Transfer of Funds - Animal Control
7
3. Resolution No. 76-34 - Transfer of Funds - Recreation
7
4. Resolution No. 76-35 : Borough Foreclosed Parcel/Beaver Creek Subdivision
7
S. Resolution No. 76-36 - Transferring of Funds/Boroulb Foreclosed Parcel
7
6. Resolution No. 76.37 - Transferring of Funds - Legislative
8
T. Acceptance of Bid - Petroleum Products
9
S. Assignment of Lease - Edward A. Ferguson to Yoshi and Ruth Sbiohira
8
9. Assignment of Lease - Robert T. and Norma Bielefeld to National Bank of Alaska
9
10.
n.
12.
13.
14.
15.
H.
REPORTS
I. City Manager's Report
9
8. City Attorney's girt
10
3. Mayor's Report
10
4. City Clerk's Report
10
6. Finance Director's Report
10
6. Planning s Zoning Commission's Report
U
li
7. Kenai Peninsula Borough Assembly's Report
j
f
I.
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
f
1. Mr. Edward Ferguson
S.
EXECUTIVE SESSION
i
i
.
KENAI CITY COUNCIL - REGULAR MEETING
JULY 21, 1976 - 8:00 P.M.
PUBLIC SAFETY BUILDING
MAYOR JAMES A. ELSON, PRESIDING
PLEDGE OL ALLEGIANCE
A. ROLL CALL
Present: Walter Sweet*, Richard Morgan, Dan Whelan, Ed Ambarian, Tom Ackerly,
A. L. Hudson, and James Elson.
Absent: None
AGENDA APPROVAL
The Council unanimously approved the following additions and/or corrections to
the agenda.
C-2: Mr. Bob Walker, Kenai Public Safety Auxiliary
C-3: Mr. A. L. Hudson
Delete Item F-2: A. L. Hudson, Motion to Reconsider
B: PUBLIC HEARINGS
B-1: Ordinance No. 302-76 - Amending Code to Provide Penalties for Dumping of Sewage
Mayor Elson read Ordinance No. 302-76, by title only as copies were made available
to the public, "an ordinance of the Council of the City of Kenai amending the code
of the City of Kenai to provide penalties for the dumping of sewage into a City man-
hole without a permit".
Mr. Phillip Aber, Acting City Manager, advised Council that the main change from
last meeting when the ordinance had been brought before Council for consideration
was in Section 17-76, "no person shall dump, deposit or in any other manner dispose
of sewage or cesspool material into a City sewer manhole without first obtaining a
written "Sanitary Waste Disposal Permit" from the City of Kenai. Such permits shall
be issued without charge and shall expire on June 30th of each year" and in Section
17-77, "no person shall dump, deposit or in any other manner dispose of sewage
or cesspool material into a City sewer manhole without having in his possession
a valid "Sewage Dumping Ticket" issued within two hours of the dumping. The fee
for each dump ticket shall be as established by the Council of the City of Kenai.
Tickets shall be issued only to holders of valid permits".
Mayor Elson opened the hearing to the public so that they could be heard. There
being no comment from the public. the hearing returned to the Council table.
.. --- - � ' - -- - - - - -' � I"' • iii i n i � m
KENAI CITY COUNCIL, REGULAR MEETING, JULY 21, 1976
PAGE 2
Mayor Elson inquired as to the violation of dumping outside of a City sewer manhole
and was advised by Mr. Aber that this violation would be turned over to the Dept.
of Environmental Conservation for enforcement and would be considered polluting.
Councilman Ambarian inquired if allowing people to dump in the City's system which
is all ready overloaded -- would this not tax our system beyond its capabiilities?
Mr. Aber advised that what is being dumped into our system is mostly in liquid form
and also being dumped considerable distance from the Treatment Plant. Mr. Aber
also advised that with regard to cleaning the screens on the manholes, etc., he had
not determined what this would involve in costs, man power, etc. to the City as of
this time.
s Councilman Sweet in at this time.
MOTION:
Councilman Morgan moved, seconded by Councilman Hudson, for adoption of
Ordinance No. 302-76, amending the code of the City of Kenai to provide penalties
for the dumping of sewage into a City manhole without a permit.
Motion passed unanimously by roll can vote.
8-2: Ordinance No. 303-76 - Appropriations to Capital Protects
Mayor Elson read Ordinance No. 303-76, by title only as coples.were made available
to the public. "An ordinance of the Council of the City of Kenai, Alaska, appropriating
$14,203 to the Capital Projects Fund entitled "Animal Shelter" and increasing estimated
revenues entitled "Federal Shared Revenue" by $14,203."
Mr. Aber explained that the City of Kenai to a recipient of federal shared revenue
Amds in the amount of $14,203 and these funds have been designated for the purchase
or construction of an animal shelter.
Mayor Elson opened the meeting to the public for their comments. There being none,
the Mayor returned the hearing to the Council table.
MOTION:
Councilman Ambarian moved, seconded by Councilman Whelan, for adoption of
Ordinance No. 303-76, an ordinance of the Council of the City of Kenai, appropriating
$14,203 to the Capital Projects fund entitled "Animal Shelter" and increasing
estimated revenues entitled "Federal Shared Revenue" by $14,203.
# . Motion passed unanimously by roll call vote.
�. .- _�"-"'W.Y.L � 1111, 'I� I� •� � 1 I III, ISI, �� �I M I' _ _ _ - �_ _ _-�_- _�_�__
KENAI CITY COUNCIL, REGULAR MEETING, JULY 21, 1976 PAGE 3
- C. PERSONS PRESENT SCHEDULED TO BE HEARD
C-1: Mr. Kyle Weaver. Citv of Kenai Director of Recreation
Ck�
U,,
Mr. Weaver explained his recreation program which is now underway and
advised Council of the various scheduled activities. Mr. Weaver further advised
that the program would run for six weeks this year and two weeks next June.
Mr. Weaver stated his future plans included coordinating some special activities
with various special interest groups (Senior Citizens, etc.) and was planning
on introducing several programs such as fire arm safety classes, water programs, etc.
which could be developed into a full-time program at some time in the future.
Mr. Aber thanked Mr. Weaver for his outstanding efforts in putting together the
recreation program for the City.
C-2: Mr. Bob Walker - Kenai Public Safety Auxiliary
Mr. Bob Walker, representing the Kenai Public Safety Auxiliary came before Council
to express his groups appreciation in the support from the City and the Council
during their fund raising event when the Auxiliary sponsored the circus. Mr. Walker
advised that the Auxiliary had made a net profit of $1,298.00.
Mayor Elson thanked Mr. Walker for his comments and requested that the Finance
Director be given some type of accountability of the funds the group has raised through
benefit drives, etc.
Council discussion followed concerning the City's responsibility with regard to
organizations of the City (Sr. Citizens, Public Safety Auxiliary, etc. ) and the monies
derived from benefit drives. Councilmen Ambarian and Morgan stated they felt
as these organizations had earned the money through efforts on behalf of their groups,
the City should not have the authority of taking over these funds. Councilman Whelan
stated he was under the impression that the Finance Director was to take over these
special group funds in the case of co -mingling of funds with the City funds and
oo-mingling of materials with City owned materials, etc. Mayor Elson stated that the
Finance Director merely acts as custodian of these funds and that these groups should
at least report fund activities to the Council. Councilman Sweet stated he too agreed
that they should furnish a report to the City, however, these individual organizations
should be responsible for their own finances.
Councilman Morgan suggested that a policy be established delineating the areas of
responsibility. Mayor Elson agreed and stated that because of prior problems it was
necessary that the City be very stringent and now there was a definite need for policy
with regard to the fiscal responsibility of monies raised by these various groups through
benefits, eto.
a
+
I IIII III II i
�. .- _�"-"'W.Y.L � 1111, 'I� I� •� � 1 I III, ISI, �� �I M I' _ _ _ - �_ _ _-�_- _�_�__
KENAI CITY COUNCIL, REGULAR MEETING, JULY 21, 1976 PAGE 3
- C. PERSONS PRESENT SCHEDULED TO BE HEARD
C-1: Mr. Kyle Weaver. Citv of Kenai Director of Recreation
Ck�
U,,
Mr. Weaver explained his recreation program which is now underway and
advised Council of the various scheduled activities. Mr. Weaver further advised
that the program would run for six weeks this year and two weeks next June.
Mr. Weaver stated his future plans included coordinating some special activities
with various special interest groups (Senior Citizens, etc.) and was planning
on introducing several programs such as fire arm safety classes, water programs, etc.
which could be developed into a full-time program at some time in the future.
Mr. Aber thanked Mr. Weaver for his outstanding efforts in putting together the
recreation program for the City.
C-2: Mr. Bob Walker - Kenai Public Safety Auxiliary
Mr. Bob Walker, representing the Kenai Public Safety Auxiliary came before Council
to express his groups appreciation in the support from the City and the Council
during their fund raising event when the Auxiliary sponsored the circus. Mr. Walker
advised that the Auxiliary had made a net profit of $1,298.00.
Mayor Elson thanked Mr. Walker for his comments and requested that the Finance
Director be given some type of accountability of the funds the group has raised through
benefit drives, etc.
Council discussion followed concerning the City's responsibility with regard to
organizations of the City (Sr. Citizens, Public Safety Auxiliary, etc. ) and the monies
derived from benefit drives. Councilmen Ambarian and Morgan stated they felt
as these organizations had earned the money through efforts on behalf of their groups,
the City should not have the authority of taking over these funds. Councilman Whelan
stated he was under the impression that the Finance Director was to take over these
special group funds in the case of co -mingling of funds with the City funds and
oo-mingling of materials with City owned materials, etc. Mayor Elson stated that the
Finance Director merely acts as custodian of these funds and that these groups should
at least report fund activities to the Council. Councilman Sweet stated he too agreed
that they should furnish a report to the City, however, these individual organizations
should be responsible for their own finances.
Councilman Morgan suggested that a policy be established delineating the areas of
responsibility. Mayor Elson agreed and stated that because of prior problems it was
necessary that the City be very stringent and now there was a definite need for policy
with regard to the fiscal responsibility of monies raised by these various groups through
benefits, eto.
a
r�
KENAI CITY COUNCIL, REGULAR MEETING, JULY 21, 1976 PAGE 4
With Council concurrence, Mayor Elson directed the City Administration and the City
Attorney to pursue the procedures and policies of the City with regard to City
organizations and fund raising.
C-3: Councilman A. L. Hudson
Councilman Hudson spoke with regard to Resolution No. 76-32, which was passed
at the last meeting of the Council in that the action of the Council was In direct
violation of the Charter. Councilman Hudson stated that the Council's recent action
in passing Ordinance 299-76 was an illegal action in that the ordinance is in direct
conflict with the Charter. The Charter provides that the City Clerk be appointed
by the City Manager whereas Ordinance 299-76 provides that the City Clerk shall be
appointed by Council. Councilman Hudson further stated that in discussions with the
City Attorney she had advised that Ordinance 176-69, which separates the City Clerk
from the Finance Department, was in direct conflict with the Charter in that the
Charter provides that the Clerk would be the head of the Finance Department. In
addition, Councilman Hudson pointed out that Ordinance 192-71, which provides
for the ratification of Department Heads by the Council, is also contrary to the
Charter.
City Attorney, Janis Williams, advised Council that it would be necessary to change
the ordinances or put a Charter change on the up -coming ballot. Councilman Hudson
stated in his opinion, the Clerk should not be under. the Council.
Councilman Whelan stated he felt that the Clerk should be under the jurisdiction of the
Council as many problems had arisen in the past when the Clerk was under the
control of the City Manager. Councilman Morgan stated he felt the Clerk being under
the City Manager could have contributed to some of the problems that the City has
had in prior years. Mayor Elson stated he felt the Council needed to resdind the latest
action and put the changes on the ballot. Councilman Sweet stated he felt that if one
Ordinance was rescinded, all pertinent to this matter should be rescinded.
MOTION:
Councilman Ambarlan moved, seconded by Councilman Morgan, that Ordinance 299-76
and Resolution No. 76-32 be rescinded and the Council instruct the City Attorney
to research and give a legal opinion to the validity of Ordinances 176-69 and 192-71
and determine what changes (if any) should be included on the ballot for the up -coming
election."
Council discussion followed and several members of the Council expressed a desire
to read the subject ordinances and research the matter fiurther.
MOTION:
Councilman Sweet moved, seconded by Councilman Morgan, that the matter be
tabled until the next regular meeting of the Council, so that each member of Council
would have adequate time to read the ordinances in question and research the
matter further.
Motion passed by roll call vote. Voting yes; Sweet, Morgan, Whelan, Ackerly
and Hudson. Voting no; Ambarian and Elson.
I
KENAI CITY COUNCIL, REGULAR MEETING, JULY 21, 1976 PAGE 5
D, MINUTES
D-1: Minutes of the regular meeting of July 7, 1976
As there were no corrections or additions, the m!rutes were approved as distributed.
E. CORRESPONDENCE
None
F. OLD BUSINESS
F-1: Ordinance No. 304-76 - Regulation of Sales Tax for Retirement of Deficit
Councilman Whelan advised that he had requested this ordinance be prepared to insure
that the 1$ sales tax levied for the purpose of retirement of prior year deficits be used
strictly for this purpose and in the event an emergency arises that these funds are
needed elsewhere, it would take a vote of five from Council to pass the request.
At this time Councilman Sweet called for a point of order and requested that the
Item be brought back to the Council table for discussion.
MOTION:
Councilman Sweet moved, seconded by Councilman Morgan, to bring the matter of
Ordinance No. 304-76, Regulation of Sales Tax for Retirment of Deficit, back to the
Council table.
(s
Motion passed unanimously.
Mayor Elson stated he felt that Ordinance No. 267-75, the enacting ordinance, already
restricts the 1% tax and also Mayor Elson stated he felt that If it is required to have five
voting to remove it, it should also take five voting members to expend it. Councilman
Whelan stated that he had heard much comment that several matters have been passed
through Council with only a vote of three under certain circumstances. Councilman
Whelan further stated that the important issue at hand was to strictly enforce the retirement i
of the deficit and lower the mill rate.
MOTION:
Councilman Hudson moved, seconded by Councilman Whelan, that Ordinance 304-76
be amended so that the wording complies with that contained in Section 7-27
of Ordinance No. 267-75, .....is dedicated to be applied to the debt service fund,
to enable the City to meet its cash restriction requirements as provided for in
various bond ordinances.....
r.. _
—77
i
KENAI CITY COUNCIL, REGULAR MEETING, JULY 21, 1876 PAGE 6
MOTION:
Councilman Hudson moved, seconded by Councilman Morgan, to amend the introductory
title and first "Whereas" paragraph to reflect these changes in wording.
Mr. Art Evans requested permission to speak before Council. Permission was granted.
Mr. Evans stated it was his opinion that the wording in Ordinance 267-75 was incorrect
as the revenues were dedicated to be applied to the debt service fund -- Auditors will
find conflict with this reference.
Mayor Elson stated that the prior motions were out of order as there had not been a
motion for introduction of Ordinance 304-76.
MOTION:
-7- Councilman Hudson moved, seconded by Councilman Morgan, for introduction of
Ordinance No. 304-76, Regulation of Sales Tax for Retirement of Deficit.
MOTION:
Councilman Hudson moved, seconded by Councilman Ambarian, that Ordinance No. 304-76
be tabled until the ambiguities have been cleared up in Ordinance No. 267-75.
City Attorney Williams advised that Ordinance 267-75 should be amended.
MOTION:
Councilman Hudson moved, with consent of second, to amend his motion to state that
Ordinance No. 267-75 be amended to include ... the 1% sales tax will go into a restrictive
reserved fund in the General Fund instead of the Debt Service Fund and also to read
the It sales was to go to the retirement of prior year deficits and cash deficiencies.
Motion passed by roll call vote. Voting yes; Sweet, Morgan, Whelan, Ackerly,
Hudson and Elson. Voting no; Ambarian
QUESTION - TABLE
- Motion passed unanimously by roll call vote.
5, Q. NEW BUSINESS
G -l: Bills to be Paid, Bills to be Ratified
Mr. Aber explained the items as listed and recommended approval.
Y .
MOTION:
Councilman Hudson moved, seconded by Councilman Ambarian, for 4t.L .. W10 A of
_.l those disbursements listed for payment and approval of those items listed for ratification.
Motion passed unanimously by roll call vote.
►1� i
i
I
SENAI CITY COUNCIL, REGULAR MEETING JULY 21, 1976 PAGE 7
G-2: Resolution No. 76-33 - Transfer of Funds - Animal Control
Mayor Elson read Resolution No. 76-33 by title only as copies were made available
to the public.
Mr. Aber advised that this resolution transferred budgeted dollars to allow for the
development and implementation of the 1976-77 Animal Control Program.
MOTION:
Councilman Ambarian moved, seconded by Councilman Morgan, for adoption of
Resolution No. 76-33, Transfer of Funds - Animal Control Program.
Motion passed unanimously by roll call vote.
0-3: Resolution No. 76-34 -Transfer of Funds - Recreation Program
Mayor Elson read Resolution No. 76-34 by title only as sufficient copies of the resolution
had been made available to the public prior to the meeting.
Mr. Aber advised that this transfer of funds within the Recration budget was to
hire two additional Recreational Assistants to assist in the program.
MOTION:
II i
Councilman Ambarian moved, seconded by Councilman Whelan, for adoption of Resolution f! I
No. 76-34, Transfer of Funds - Recreation Program. 1
Councilman Sweet stated he felt that the rate of pay for these assistants was entirely
out of line with the pay scale in the community and also went on record as opposed to
the Salary Schedule for the City in general.
Motion passed by roll call vote. Voting yes; Morgan, Whelan, Ambarian, Ackerly,
Hudson and Elson. Voting no; Sweet.
0-4: Resolution No. 76-35 - Borough Foreclosed Parcel/Beaver Creek Subdivision
G-5: Resolution No. 76-36 - Transferring of Funds/Borough Foreclosed Parcel
Mayor Elson read Resolution No. 76-35 by title only as copies had been available to the
public. "A resolution of the Council of the City of Kenai, Alaska, setting aside Lot 3,
Block H, Beaver Creek Alaska Subdivision, Tax Parcel #041-080-0300 for immediate public
use by the City of Kenai".
Mr. Aber advised that this resolution was for the lot retained at the last meeting of the
Council for immediate public use and Resolution No. 76-36 was to transfer budgeted
dollars to allow for the payment of Kenai Peninsula Real Property taxes on Lot 3, Block H,
Beaver Creek Alaska Subdivision, Tax Parcel #041-080-0300, which lot the City has set
aside for immediate public use.
all
KENAI CITY COUNCIL, REGULAR MEETING, JULY 21, 1976
PAGE 8
MOTION:
Councilman Ambarian moved, seconded by CouncilMan Whelan, for adoption of Resolution
No. 76-35, Borough Foreclosed Parcel/Beaver Creek Subdivision and adoption of
Resolution No. 76-36. Transferring of Funds/Borough Foreclosed Parcel.
Motion passed unanimously by roll call vote.
G-6: Resolution No. 76-37, Transfer of Funds/Legislative
Mayor Elson read Resolution No. 76-37 by title only as copies had been made available
to the public.
Mayor Elson advised Council that these monies were to allow for expenditures in hosting
the Alaska Municipal League Board of Directors at their annual meeting to be held in
Kenai August 6th and 7th.
MOTION:
Councilman Ambarian moved, seconded by Councilman Ackerly, for adoption of Resolution
No. 76-37, Transfer of Funds - Legislative.
Motion passed unanimously by roll call vote.
G-7: Acceptance of Bid - Petroleum Products !
Mr. Aber advised that no bids had been received and he would, therefore, contact
the current suppliers to ask that they submit quotations on the supply of petroleum products!'
for the City. ,3
G-8: Assignment of Lease - Edward A. Ferguson to Yoshi and Ruth Shiohira
Mr. Aber advised that this assignment of lease was for Lot 3, of Gusty Subdivision and
Administration recommended approval contingent upon payment to the City by Mr. Ferguson'
for all monies owing on Lot 3 in the amount of $3,723.51 and assessments in the amount of
$219.32. Mr. Aber stated that Mr. and Mrs. Shiohira would have to take their development
plan before Planning Commission before approval for construction and use of the lot.
MOTION:
Councilman Hudson moved that the matter of assignment of lease be table until the developmt.1
plan has been presented to the Planning Commission for their recommendation.
After discussion, Councilman Hudson withdrew his tabling motion.
Mayor Elson stated that as development plans were required on lease of City owned lands,
Mr. Ferguson had obviously not met his commitments for development of this lot. Mr. ,
Ferguson stated there had been no development plan required at the time of his lease.
KENAI CITY COUNCIL, REGULAR MEETING, JULY 21, 1976
PAGE 9
Councilman Hudson stated he felt that perhaps a development plan commitment could have
been separate from the lease and requested that Administration research the matter further.
MOTION:
Councilman Morgan moved, seconded by Councilman Sweet, to place this item as the last
Item on the agenda to allow Air. Ferguson time to obtain a copy of his lease.
Motion passed by roll call vote. Voting yes; Sweet, Morgan, Whelan and Ackerly. Voting
no; Ambarian, Hudson and Elson.
G-9: Assignment of Lease - Robert T. and Norma Bielefeld to National Bank of Alaska
Mr. Aber advised that this assignment of lease from Robert T. Bielefeld and Norma Bielefeld
to the National Bank of Alaska was for Lot 1, Block 5, Small Aircraft Apron Subdivision.
MOTION:
Councilman Ambarlan moved, seconded by Councilman Hudson, for approval of Assignment
of Lease from Robert T. and Norma Bielefeld to National Bank of Alaska for Lot 1, Block 5,
Small Aircraft Apron.
Motion passed unanimously by roll call vote.
H. REPORTS
H-1: City Manager's Report
(a) EDA Water Well Project - Mr. Aber advised that the bids had been opened in the afternoon at
City Hall and only six bids were received and were all extremely high. The apparent low
bidders were as follows: Water Meters - Cooper at $481,150; Water Mains - Brown
at $393.904.80; Wells 1 and 2 - Interstate at $675,000 and the Reservoir - Inter state
at $1,015,000. In discussion with the Engineer after the bid opening it was the feeling
} of Administration that the City should proceed with the drilling of the new well and
the overhauling of the present well and construction of the water mains. Mr. Aber
asked for a consensus of opinion of Council as he would like to approach the State
and EDA to determine if they would be agreeable to dropping the meters and the
reservoir.
MOTION:
j. Councilman Ambarian moved, seconded by Councilman Hudson, for authorization
to City Administration to pursue the objective of construction of the well, over -hauling
the present well and water main construction by contacting the agencies involved -
Alaska State Department of Environmental Conservation and the Economic Development
' Administrat%n.
r'. Motion passed unanimously by roll call vote.
(b) Animal Control - Mr. Aber advised that the City had gone to bid with regard to
i
the facility for Animal Control. The bids will be opened on August 9, 1976.
r
'4
a
I
KENAI CITY COUNCIL, REGULAR MEETING, JULY 21, 1976 PAGE 10
(c) Borgen Gravel Pit - Mr. Borgen has been requested to submit an amended
application. The City has contacted the State and they are investigating the matter
of Air. Borgen's excavation interferring with the road. As far as pollution of the river.
this matter was still being Investigated.
MAYOR AND COUNCIL - QUESTIONS AND COMMENTS
Councilman Morgan inquired if the old boat ramp was built for pleasure craft
or fishing boats. Mr. Aber stated that he was under the impression that it was built
for everyone's use but realized there was a need for regulation. Councilman Morgan
stated that the fishermen had their cars parked on the ramp and blocked access.
Mr. Aber suggested that the City could post signs in the area for enforcement.
City Attorney, Janis Williams, advised there was a definite need of some type of
Harbor Regulations.
Ahlstrom Subdivision - Mr. Aber advised that he had not been able to accomplish
anything with regard to this matter and would report back at the next meeting of
Council.
H-2: City Attorney's Report
City Attorney Janis Williams requested an executive session immediately following
completion of agenda items. Request was granted by Council.
H-3: Mayor's Report
Mayor Elson requested a report from the Committee reviewing City Manager applicants.
The CommIttee advised that the list of applicants had been narrowed down to four
and recommended these persons be brought to Kenai for interview.
MOTION:
Councilman Morgan moved, seconded by Councilman Whelan, that Administration
determine total costs involved in bringing the four finalists to Kenai for interview,
and upon approval of all Council members with regard to funding, proceed with setting
up interviews.
Motion passed unanimously by roll call vote.
H-4: City Clerk's Report
None
H-5: Finance Director's Report
Mr. Kinney advised that the annual audit was underway. Kenai Native Association
had paid for water usage for the months of May and June and Mr. Kinney also advised
that he was preparing a schedule on status of lights in the urban section.
i
' KENAI CITY COUNCIL, REGULAR MEETING, JULY 21, 1976 PAGE U
Mr. Aber read read the agreement with the State and advised that the City had not
oMeiaily accepted the lights and also had not signed a recent agreement with regard
i - to maintenance of same.
r -
s; MOTION:
Councilman Morgan moved, seconded by Councilman Ackerly, that the City bill the
State immediately in accordance with percentage as outlined in the agreement as read by the
j Acting City Manager.
Motion passed unanimously by roll call vote.
i Mr. Aber asked that he be given additional time to do further research into the
matter before billing the State.
H-6: Planning and Zoning Commission's Report
! None
$-?: Remi Peninsula Borough Assembly's Report
i
Councilman Hudson advised that the Water resource ordinance was turned down by
the Assembly but was reconsidered and up again at the next meeting. Ord. 76-46,
for General Obligation bonds not to exceed $2,445,000 was withdrawn because of
. lack of support. Councilman Hudson did advise that the Ordinance on the protection
of Kenai water resources did have the support of the Borough Mayor.
B-5: Finance Director's Report
MOTION:
Councilman Morgan moved, seconded by Councilman Hudson, for immediate reconsideration
of his motion with regard to Lighting Agreement with the State of Alaska.
i
Motion passed unanimously.
MOTION:
y
Councilman Morgan moved, seconded by Councilman Hudson, that his motion be amended
that the State be billed 100% for the costs incurred for the lighting in the urban section
5
and that the City submit this billing to the State within the next six weeks.
Motion passed unanimously.
MOTION:
Main motion, as amended, passed unanimously by roll call vote.
f G-8: Assignment of Lease -Edward A. Ferguson to Yoshi and Ruth Shlohira
Request for assignment of lease was brought back to the Council table
1
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KENAI CITY COUNCIL, REGULAR MEETING, JULY 21, 1976
PAGE 12
After reviewing the copy of Mr. Ferguson's lease, Councilman Morgan stated he
did not see a reference to a development plan and asked if the City would lease their
lands wiltbmit or_e9 Courcilman Hudson advised that at the t;.mc klr, Ferguser_'3 lc.:ae
was drawn up, the City had issued a separate directive from the lease outlining the
development plan requirements and thus the reason for Administration to research
their files. Councilman Sweet stated the Iease to Mr. Ferguson did stipulate that a
development plan was required before anything is built on the property.
MOTION:
Cot:wIlman Morgan moved, seconded by Councilman Sweet, that the City approve the
Assignement of Lease from Edward A. Ferguson to Yoshi and Ruth Shiohira for
Lot 3 of Gusty Subdivision, subject to payment of any past due amounts on Lot 3
In the amount of $3,942.83 which are outstanding lease payments, assessments and
penalty and tax charges on Lot 3.
MOTION:
Councilman Morgan moved, seconded by Councilman Ackerly, to amend the motion
to include payment of any past due amounts in the amount of $11,603 covering past due
amounts on Lots 1, 2, and 3, Gusty Subdivision.
Amendment failed by roll call vote. Voting no; Sweet, Morgan, Whelan, Ambarian,
Ackerly and Hudson. Voting yes; Elson.
QUESTION - MAIN
- Motion failed by roll call vote. Voting no; Sweet, Whelan, Ambarian, Ackerly, Hudson
and Elson. Voting yes; Morgan.
MOTION:
Councilman Sweet moved, seconded by Councilman Hudson, that the lease on these three
lots be immediately terminated as Mr. Ferguson has failed to meet his lease payment
commitments.
Councilman Whelan stated that as Administration has given Mr. Ferguson sixty days
In which to meet his commitment, the City is morally obligated to wait until this sixty
day period is over. Councilman Ackerly agreed with Councilman Whelan.
Motion failed by roll call vote. Voting no; Morgan, Whelan, Ambarian, Ackerly,
Hudson and Elson. Voting yes; Sweet.
MOTION:
Councilman Whelan moved, seconded by Councilman Ackerly, that Administration be
directed to further research the matter of Mr. Ferguson's leases concerning development
plan requirements, back taxes, etc. and make a determination in this regard as to
whether or not Mr. Ferguson has complied and after findings by Administration and
payment of all back payments by Mr. Ferguson by August 22nd, Mr. Ferguson will
re -submit his application for assignment of lease to Council for final approval.
Motion passed unanimously by roll call vote.
�1
KENAI CITY COUNCIL. REGULAR MEETING, JULY 21, 1976
PAGE 13
1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
I-1: Mr. Edward Ferguson
Mr. Ferguson stated he felt it would be too late to enter into so contract with the
Shiohira's in late August. Council suggested that Mr. Ferguson direct Mr. and
Mrs. Shiohira to submit a development plan to the Planning Commission for Commission's
recommendation prior to the final approval of assignment of lease in order not to further
delay construction.
EXECUTIVE SESSION
Councilman Ambarian moved, seconded by Councilman Hudson, that Council retire
Immediately into an Executive Session for the purpose of discussions on the PEP Suit,
Employee's Suit, and the City Attorney's salary.
Public meeting of the Kenai City Council reconvened at 1: 05 a.m.
MOTION:
Councilman Whelan moved, seconded by Councilman Morgan, that in regard to the PEP
Suit, the City make an offer of settlement to the State of Alaska in the amount of $7,560.42
plus an amount equal to seven days salary and benefits for Loretta Knackstedt.
Motion passed unanimously by roll call vote.
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet. that the City Attorney's
annual salary be set at $28,000.
Motion passed by roll call vote. Voting yes; Sweet, Morgan, Whelan, Ambarian,
Ackerly, and Elson. Voting no; Hudson.
There being no further business to be brought before the Council, Mayor Elson
adjourned the meeting at L10 p.m.
Respectfully submitted,
e' lG- z�
S C . Peter. City Clerk
RESOLUTION
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI PLACING THE QUESTION OF IHE
RATIFICATION OF DEPARTMENT HEADS BY THE COUNCIL ON THE BALLOT FOR THE
OCTOBER, 1976 GENERAL ELECTION
WHEREAS, the Council of the City of Kenai has by ordinance provided
that appointment of department heads by the City Manager must be ratified
by the Council, and
WHEREAS, the Council has determined that such a procedure is in the
- best interests of the City, and
. WHEREAS, in order to make such procedure effective, a change in the
Charter of the City of Kenai is necessary, and
WHEREAS, an amendment to the Charter may only be made by approval
of a majority of the qualified city voters who vote on the question,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai,
Alaska, as follows:
Section 1. That Section 3-2(1) of the Charter of the City of Kenai
be amended to read in its entirety as follows:
.(1) Appoint (with approval of a majority of the members of Council),
" { and when deemed necessary for the good of the service, lay off,
suspend, demote, or remove, all directors, or heads, of administrative
departments (with approval of a majority of the members of Council)
and all other administrative officers and employees of the city except
�. as this charter provides otherwise, subject to such merit system
regulations as the council•may adopt;
Section 2. That the question of the charter amendment set out in
Section 1 hereof be submitted to the qualified voters of the city
at the October, 1976 general election and be phrased substantially as
PROPOSITION
RATIFICATION OF DEPARTMENT HEADS BY CITY COUNCIL
Shall the appointment of department heads by the city
- --' administrator be effective only when ratified by the
city council and more specifically shall Section
3-2(1) of the Charter of the City of Kenai be amended
_- to read as follows in order to effectuate such council _
ratification:? -
Section 3-2(1) to be set
out in full here
PASSED BY THE COUNCIL OF THE CITY OF KENA1, ALASKA THIS 4TH DAY OF AUGUST, 1976.
CITY OF KENAI
JAMES A. ELSON, MAYOR
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The following are items over $500.00 which need Council approval or
ratification:.
'r To be approved for disbursement:
OOR
VFN. - gMOtniTc _ P.O.PnDEJ4PII'�IOM �
Leo Oberts, Inc. 676.00 Insurance Premium 75-76
Equipment Addi i
Additions
Leo Oberts, Inc. 1,572.50 Airport Operators & Owners P
76-77 z
• To be ratified:
.
Livias Janitorial Servicl
1,650.00
July
Janitorial Service
Dept. of Fish & Game
J
2,092.58
Commerical Fishing License
AMEFCU
3,482.00
July
Credit Union Payment
Traveler's
4,669.61
July
Insurance
-_<- NBA
13,228.00
Fed..
Withholding Deposit
CITY OF KENAI
ORDINANCE NO. 305-76
&*., ORDINAIXE OF THE COUNCIL OF THE CIL-31 0r- KENAI, ALASKA,
AMENDING THE 1976 KENAI MUNICIPAL AIRPORT REGULATIONS
WHEREAS, the Federal Aviation Administration has requested
that certain additions be made to the 1976 Kenai Municipal
Airport Regulations, and
WHEREAS, the Council of the City of Kenai deems such additions
desirable.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Kenai, Alaska, that the 1976 Kenai Municipal Airport
Regulations are hereby amended by adding to Section 10.000,
Fueling, three new regulations, which shall read in their
entirety as follows:
10.091 There shall be a sufficient number of trained personnel
and procedures for safely storing, dispensing and
otherwise handling fuel and lubricants on the Airpoit.
10.092 Adequate grounding for the aircraft and fueling facility
shall be installed and immediate fire protection or
extinguishers will be provided.
10.093 There shall be adequate marking and labeling on
storage tanks and tank trucks, including identification
of specific types of fuels and fuel octane designations.
day of
Sue C. Peter, City Clerk
, 1976.
CITY OF KENAI
JAMES A. ELSON, MAYOR
FIRST READING:
SECOND READING:
EFFECTIVE DATE:
I
_..� < - = l � —sem - T — T - - � _ s= � --� � _--� -y -• .— — -=ar �—
T
- . CITY OF KENAI
RESOLUTION NO. 76-38
BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the following
transfer of monies be made within the 1976-77 General Fund Budget.
FROM:
Contingency $2,226.00
TO:
City Manager - Transportation $2,226.00
- The purpose of this resolution is to transfer budgeted dollaLs to allow for the
necessary expenditures incurred by City Manager applicants for travel and
r _ lodging expenses. ,
PASSED by the Council of the City of Kenai, Alaska, this 4th day of August,
1976.
i •
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I; JAMES A. ELSON, MAYOR
ATTEST:
# I Sue C. Peter, City Clerk
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CITY OF KENAI
- " RATIFICATION OF VOTE
The following are the results of a telephone poll conducted on July 23. 1976 i
with regard to the expenditures of funds for applicants interviewing for the
City Manager position.
Mayor James Elson
Yes
Councilman Dan Whelan
Yes
Councilman Walter Sweet
Yes
Councilman Richard Morgan
Yes
Councilman A. L. Hudson
Yes
Councilman Edward Ambarian
Yes
�
I
Councilman Tom Ackerly
Yes
ATTEST:
I
Ode C. Peter, City Clerk
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mill IIII i III •l lY III III III II' I I - - - --
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• LEASE OI'
AIRPORT LANDS OR FACILITIrS
THIS AGREEMENT, entered into this day of ,
19_, by and between the CITY OF KENAI, a home -rule municipal corporation
of Alaska, hereinafter called "City". and AVIS RENT -A -CAR
hereinafter called "Lessee".
That the City, in consideration of the payments of the rents and
the performance of all the covenants herein contained by the Lessee, docs
hereby demise and lease to the Lessee the following described property in the
Kenai Recording District, State of Alaska; to wit:
Counter Space f28 (60 sq, feet) and cargo space
(18 sq. feet), first floor, Terminal Building,
Kenai Municipal Airport, as described in that
certain deed from the United States of America
to the City of Kenai filed in Book 27, Page 303
Kenai Recording District
Term: The term of this Lease is for 1 years,
commencing on the 1st day of July , 1976 , to the J6th day of
� June .1977 . at the annual rental of $ 814.32
Payment: Subject to the terms of General Covenant No. 10 of
this Lease, the rental specified herein shall be payable as follows:
(a) Right of entry and occupancy is authorized as of the 1 St
dap of July 1976, and the first rent shall be computed from such
date until June 30, 1101 1 . at ythpe�{ rate of $ 2.23 per day 166 f P g
d ie"r deft if VWFRI7N.
(b) Annual rent for the fiscal year beginning July 1 and ending
June 30 shall be payable in advance, on or before the first day of July of each
year
(c) Rental for any period which is less than one (1) year shall
be prorated, based on the rate of the Iasi full year.
(d) The rent specified herein is calculated as follows:
78 square feet at $ .87 'per square foot per year,
or S 814.32 per year., and as set torth in Schedule "A",
attached.
In addition to the rents specified above, subject to General
Covenant No. 10, the Lessee agrees to pay to the City fees as hereinafter
provided:
(a) Assessments for public improvements now benefiting property
in the amount of; tI/A
(b) Applicable taxes to leasehold interest or other aspects.
(c) Sales Tax now enforced or levied in the future.
(d) Lessee agrees to pay all assessments levied in the future by
the City of Kenai, as if Lessee were considered legal owner of record of leased
property .
(e) Interest at the rate of eight percent 180 per annum and ten
percent (10%) penalties on any amount of money owed under this Lease which
is not pail on or before the date it becomes due.
(f) Additional charges as apt forth in Schedule A. attached.
(g) Additional charges as set forth in Schedule "B",
attached.
--rte;.^C-`' --- - --, - "------- n_s-..!=+_'_- fn�an �...r..... •.nn .nw
a
The purpo::e for which this Lease is issued is:
COUNTER SPACE, CAR RECITAL SPACE ACID TIRE STORAGE SPACE
GENERAL COVENANTS
1
J 1. Uses: Except as provided herein. any regular use of lands
or facilities without the written consent of the City is prohibited. This
prohibition shall not apply to use of areas designated by the City for specified
public uses, such as passenger terminals, automobile parking areas and streets.
2. Uses Not Contemplated Prohibited: Solicitation of donations
or the promotion or operation 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. Impounding of Property: Any or all personal or real property
placed or used upon lands or in facilities in violation of prohibitions may be
removed and/or impounded by the City, and when so removed and/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 6,000 pounds gross weight, or in the case of any other kind of
property, an amount not to exceed $5.00 per day, or in accordance with such
higher fees as may be incorporated into regulations of City's Airport. ;
4. Commitment for Rent and Non -Assignment: Lessee agrees
to pay the annual rental and fees 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:
(a) Submittal to, and approval of, proposed lease transfer by
the Kenai Planning Commission. i#
- (b) After approval by the Hemi Planning Commission, final
i
approval of transfer by the City Council.
Any assignment in violation of this provision shall be void. and
j shall be grounds for cancellation of this Lease by the City.
1 5. Treatment of Demise: The Lessee agrees to keep the
premises clean and in good order at its own expense, suffering no strip or
waste thereof nor removing any material therefrom. without written q
- � g Y 1
permission of the City. At the expiration of the term fixed, or any sooner !
determination of the Lease. the Lessee will peaceably and quietly quit and i
ti { surrender the premises to the City.
! I j 6. Payment of Rent: Checks, bank drafts or postal money orders
shall be made payable to the City of Kenai, and delivered to the City
Administration Building, Kenai, Alaska.
7. Construction Approval and Standards: Building construction
shall be neat and presentable and compatible with its use and surroundings.
Prior to placing of fill material and/or construction of buildings on a leased
-- ' area. the Lessee shall submit a plan of proposed developmenf of property to
the City Planning Commission which shall be approved in writing for all
permanent improvements.
Initials:
. _ •Lessee:•,
Lessor:
---- Pave Twa._LFASI?_- n~4.4^.. einoivr.
--sr-r+r- r-+►-----rte-� --� - " �-- i--- �r -�-
with the land that (1) no person on the grounds of race, color. or national
origin shall be excluded from participation in, denied the benefits of. or
be otherwise subjected to discrimination in the use of said facilities; (2) that
in the construction of any improvements on, over, -or under such land and
the furnishing of services thereon, no person on the grounds of race, color,
or national origin shall be excluded from participation in. denied the benefits
of, or otherwise be subjected to discrimination; (3) that the Lessee shall
use the premises in compliance with all other requirements imposed by
or pursuant to Title 49. Code of Federal Regulations. Department of
Transportation, subtitle A. office of the Secretary, Part il, Nondiscrimination
In Federally -assisted Programs of the Department of Transporation --
Effectuation of Title VI of the Civil Rights Act of 1964. and as said Regulations
may be amended. 1
That In the event of breach of any of the above nondiscrimination J
covenants, the City shall have the right to terminate the Lease and to re-enter
and repossess said land and the facilities thereon, and hold the same as if
said Lease had never been made or issued. t
38. Partial Invalidity: If any term, provision. condition or
part of this Lease is declared by a Court of competent jurisdiction to be #
imalid or unconstitutional, the remaining terms. provisions, conditions or F
parts shall continue in full force and effect as though such declaration -was
not made.
39. Parol Modifications: It is 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: The City does not warrant that the property J
which is the subject of this Lease is suited for the use authorized herein,
and no guaranty is given or implied that it shnil be profitable or suitable
to employ the property to such use. !
41. Additional Covenants: Lessee agrees to such additional terms
and covenants as are set forth in Schedule $8 fVf b0# t "C", attached.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands. the day and year stated in the individual acknowledgements below.
CITY OF KENAI
By
CITY MANAGER
STATE OF ALASKA )
ss.
THIRD JUDICIAL DISTRICT )
On this day of 119 . before me personally
appeared , known to be the person who
executed the above Lease. and the acknowledged that he (she) had the authority
to sign, for the purpose stated therein.
NOTARY PUBLIC FOR ALASKA
My Commission Expires:
f "
i
--sr-r+r- r-+►-----rte-� --� - " �-- i--- �r -�-
with the land that (1) no person on the grounds of race, color. or national
origin shall be excluded from participation in, denied the benefits of. or
be otherwise subjected to discrimination in the use of said facilities; (2) that
in the construction of any improvements on, over, -or under such land and
the furnishing of services thereon, no person on the grounds of race, color,
or national origin shall be excluded from participation in. denied the benefits
of, or otherwise be subjected to discrimination; (3) that the Lessee shall
use the premises in compliance with all other requirements imposed by
or pursuant to Title 49. Code of Federal Regulations. Department of
Transportation, subtitle A. office of the Secretary, Part il, Nondiscrimination
In Federally -assisted Programs of the Department of Transporation --
Effectuation of Title VI of the Civil Rights Act of 1964. and as said Regulations
may be amended. 1
That In the event of breach of any of the above nondiscrimination J
covenants, the City shall have the right to terminate the Lease and to re-enter
and repossess said land and the facilities thereon, and hold the same as if
said Lease had never been made or issued. t
38. Partial Invalidity: If any term, provision. condition or
part of this Lease is declared by a Court of competent jurisdiction to be #
imalid or unconstitutional, the remaining terms. provisions, conditions or F
parts shall continue in full force and effect as though such declaration -was
not made.
39. Parol Modifications: It is 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: The City does not warrant that the property J
which is the subject of this Lease is suited for the use authorized herein,
and no guaranty is given or implied that it shnil be profitable or suitable
to employ the property to such use. !
41. Additional Covenants: Lessee agrees to such additional terms
and covenants as are set forth in Schedule $8 fVf b0# t "C", attached.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands. the day and year stated in the individual acknowledgements below.
CITY OF KENAI
By
CITY MANAGER
STATE OF ALASKA )
ss.
THIRD JUDICIAL DISTRICT )
On this day of 119 . before me personally
appeared , known to be the person who
executed the above Lease. and the acknowledged that he (she) had the authority
to sign, for the purpose stated therein.
NOTARY PUBLIC FOR ALASKA
My Commission Expires:
LESSEE.
01,7
r - STATE OF ALASKA )
- THIRD JUDICIAL DISTRICT ) .i
On this day of , 19 . before me j
personally appeared . known to be the person
who executed the above Lease and acknowledged that he (she) had the
authority to sign the same, for the purposes stated therein. !f
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NOTARY PUBLIC FOR ALASKA t�
My Commission Expires:
ACKNOISEDGMENT FOR HUSBAND AND WIFE
STATE OF ALASKA )
t
)as.
t THIRD JUDICIAL DISTRICT )
1
Before me, the undersigned, a Notary Public in and for the State
of Alaska. on this day personally appeared ►
and . husband and wife, both known to be the
persons whose names are subscribed to the foregoing Lease. and acknowledged 1
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 SEAL OF OFFICE. this day
Of , 19
NOTARY PUBLIC FOR ALASKA
My Commission Expires:
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MASK �:_ Ravi Rio /29/76
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CORPORATION ACKNOSILF.DGnIENT
STATE OF ALASKA f
� ss.
THIRD JUDICIAL DISTRICT
Before me, the undersigned. a Notary Public In and for the State
of Alaska. on this day personally appeared and
known to me to be the persoifs and officers
b 'bed to the forein Lease who being duly sworn
whose names are su sen 6-
��,
did say that they are the President gnd �' ! ?e , ?�=:.L,.'L�rs1.�/=
respectively, of f %%/�► i� 717 /j `i— domp"y * a corporation, .
and acknowledged 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.
N UNDER %IY HAW D SEAL OF OFFICE. this .�G' day
— of ��' .39M-
4 ! Ki
PUBLIC FOR LAS
My Commission Rx;e
APPROVED AS TO FORM by City Attorney, this day
Of .10
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- CITY ATTORNEY
INITIAL LEASE APPROVED by City Council, this
of
129 _..,
CITY CLERK
ASSIGNMENT APPROVED by Kenai PIanning Commiss%a.
this _day of
ASSIGNMENT APPROVED by City Council. this
Of , !9
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CITY CLERK
day
777
SCHEDULE'aA" i
Additional Charqes
. J
. The lease charge shall be determined annually and shall
be computed by dividing the square footage leased by the a
Lessee, by the total number of square feet of leasable s�
floor space, excluding hallways, restrooms and public
waiting areas in the Terminal Building. i
For the purposes of this lease, the fraction so derived
shall be referred to as Lessee's Ratio, and shall be G
computed as follows: hl
78 square feet leased by the Lessee.
divided by 9718 square feet of leasable floor
space, equals .008 Lessee's Ratio.
The lease rate for the fiscal year July 1, 1976 to
-- June 30, 1977 is determined to be S 87 per square _
foot per month. This rate includes an t%Tial service '
and an estimate for utility charges, Utilities include
charges for water, sewer, gas, electricity and garba;e.
In the event that the actual utility charges exceed the
amount estimated in the Annual Budget of the Kenai Aunicipal
Airport Terminal for this fiscal year, each tenant will
be billed for his proportionate share of the excess utility
charge, based on the lessee's Ratio as computed above.
.IH IALS
LESSEE
LESSOR
0
SCHEDULE *8"
Lease dated day of 119 , between the CITY OF
KENAI. a home -rule municipal corporation of Alaska, hereinafter called "CITY" and
dlV3c RFI;T-A-CAR , LESSIm.
_ 1. In addition to the rents specified on the per square foot basis. LESSEE agrees to
pay to the CITY an additional charge for the privilege of conducting businesses herein
- authorized computed by the following percentages of I.ESSEE's gross receipts, payable on
a monthly basis, igg#+€ttdi�#tt�2ttdif,#tt�ttN#i€epQkttdsf+awtit%1fCsffttl
HtV, as follows:
(6) istyear--10% of Time and mileage Charges
"itfyft
INS 0 l_NI Aear
L5
t�iu�yf� LESSEf�,�.._
LESSOR___
(b) Thirteen percent 039.) of gross receipts from sales of personal
accident insurance,
(c) The term "Rent-A-Car Business" as used in this agreement, shall mean
the business of renting passenger cars and trucks for periods of time not in excess
of sixty (60) days. Each rental transaction shall be by a separate agreement, and
any extension of use by the rentor of the period of time originally comtracted for
shall be considered a separate rental transaction. The contractor shall furnish
to the Airport Manager. for auditing purposes, the block of contract numbers that
will be used for car rental agreements covering business originating at the Kenai
Municipal Airport, and shall further advise the Airport Manager when additional
contract numbers are assigned for the Airport operations.
Gross revenue of the rent -a -ear business shall be the total amount of
the time and mileage charges on car rental transactions.
Gross revenue from the sale of air travel insurance shall not include
bona fide refunds made for cancelled policies.
All payments shall be made monthly within ten days after the end of each
month; and shall be accomplished by a separate certified statement showing gross
receipts from each of the businesses herein authorized for the month for which
payments are made. If any such certified statements are found to be incorrect
statements of gross revenue for the month involved, any additional amount determined
to be due the CITY shall be immediately paid to the CITY by the contractor and any
amount of overpayment by the Contractor shall be credited against the next monthly
payment d(te the CITY under this agreement.
The purposes for this lease are as follows:
1. The right to conduct a business on and from the Airport.
2. The right to conduct the business of making arrangements for hunting
and fishing trips, for air taxi services, for charter flights, for rent -a -plane
services, for motel and hotel reservations. and for long distance telephone and
telegraph services.
7 -
$. To occupy counter space in an area and in a size designated by the Airport
• Manager. Such counter to be constructed by the Contractor with size and design
to be approved by the Airport Manager. Such space shall not be used for any other
purpose except pursuant to a separate agreement for authorization from the C17`Y .
4. The right to use parking space for one vehicle, as a drop at a convenient
point near the Terminal Building as designated by the Airport Manager, with space
designated in other parking areas for nol more !". 11 !0 (Trill vehicles.
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INITIALS.
Lessee --�
Lessor `
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Attachment to contract, dated day of '19 , between
the City of Kenai, herninafter called "CITY". and AV 1 S Pft17-A-CAR ,
sometimes hereinafter called "lessee".
The (grantee. licensee, lessee, permittee, etc., as appropriate) for himself,
his heirs, personal representatives, successors in interest, and assigns, as a
part of the consideration hereof, does hereby covenant and agree (in the case of
deedq Anti lenaes ndd "w; a cov wsaa. ruining with the land-*) that in the event
facilities are constructed, maintained, or otherwise operated on the said
property described in this (deed, license, lease, permit. etc.) for a purpose
for which a Department of Transportation program or activity is extended or
for another purpose involving the provisions of similar services or benefits,
the (grantee, licensee, lessee, pormittee, etc.) shall maintain and operate
sueh 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--P.ffeetuation of Title VI
of the Civil Rights Act of 1964, and as said regulations may be amended.
Of this attached to license, lease, or permit, then):
That in the event of breach of any of the above nondiscrimination covenants. City
of Kenai shall have the right to terminate the (license, lease, permit, etc.) and
to re-enter and repossess said land and facilities thereon, and hold the some as if
said Gicenses, lease. permit, etc.) had never been made or issued.
Of this attached to deed then):
That in the event of breach of any of the above nondiscrimination convenants,
City of Kenai shall have the right to re-enter said lands and facilities thereon,
and the above described lands and facilities shall thereupon revert to and vast
in and become the absolute property of City of Kenai and its assigns.
The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself.
his personal representatives, successors t6 interest, and assigns, as a part
of the consideration hereof, does hereby covenant and agree (in the case of
deeds and leases add "as a convenant running with the land") and 0) no person
on the grounds of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to
discrimination,in the use of said facilities, (2) that in the construction of any
Improvements on, over, or under such land and the furnishing of services thereon.
no person on the grounds of race, color, or national origin shall be excluded
from participation in, denied the benefits of, or otherwise be subjected to
discrimination, (3) that the (grantee, licensee, lessee. permitee, etc.) shall use
the premises in compliance with all other requirements imposed by or pursuant
to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A.
Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs
of the Department of Transportation --Effectuation of Title VI of the Civil Rights Act
of 1984, and as said regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, City
of Kenai shall have the right to terminate the (license, lease, permit, etc.) and
to re-enter and repossess said land and the facilities thereon., and hold the same
as if said (lieonse, lease. permit. etc.) had never been made or issued.
That in the event of breach of any of the above nondiscrimination covenants. City
of Kenai shall have the right to re-enter said land and facilities thereon, and the
above described lands and facilities shall thereupon revert to and vest in and
become the absolute property of City of Kenai and its assigns.
INITIALS:
Lessee
Lessor
SPECIAL USE PERMIT
(Hot to be used for a period of
time in excess of one year)
DATE
The CITY OF KENAI for the considerations and pursuant to the
conditions and requirements set forth below hereby grants to:
Company Name: Glacier State Telephone
• Authorized Representative: kz*A2XXW04tbWW- W Thompson
Billing Address: Box 560, Kenai, Alaska 99611
hereinafter sometimes referred to as the PERMITTEE(S) the ri ht
to use the street right-of-way between Lot 4 and Lot S, Cool;
Inlet Industrial Air Park, for pole and wire storage. This are4
must be fenced witn an b root sign-ooscursng rence acceptaaac '
to the Airport Manager prior to use.
1. Term: This special use permit shall commence on the
4th ' of January , 1976 , and shall extend to
and through the 30th day of June cc11 , 19y77 ,.to be
extende2. each ear. Fees: iThe-Permittee(s) , pot riorrto thethe
eexercise)
of any privilege granted pursuant to this hermit, shall pay for
the use or privilege specified herein a fee as indicated below:
(a) A total fee of $ N/A in full payment for
the use of privilege specified herein.
(b) A total fee of $ 112.50 payable in one
installments commencing on the first day of the term hereof in the
amount of $112.50 and additional subsequent installments
in the amount of Siic.au , payable yearly as permit is.
• extanocsw.
NIA (c) A fee computed at the rate of S N/A per
(d) In addition to the foregoing payments, fees and rents
specified above, the Permittee(s) agrees to pay to the City
N/A
3. Right of Entry: Entry and occupancy is authorized as'of
the 4th day of January , 1976 «
4. Place and Time of Payments: All payments.shall be made on
or before the date due to the City Clerk, City Administration
Building, Kenai, Alaska, or by mailing to the following address:
City of Kenai, Box 580, Kenai, Alaska 99611.
S. Use: The use by the Permittee(s)wof the premises described
above is lWIted to the purposes specified herein and is not intended
to grant any exclusive use to the described premises unless otherwise
provided above. This use is also subject to the reasonable adminis-
trative actions of the City of Kenai for the protection and maintenance
of the premises and of adjacent and contiguous lands or facilities.
Page One, SPECIAL USE PERMIT
.4.
i
•
6. Insurance: Permittee(s) agrees to save the City harmless
from all actions, suits, liabilities or damages resulting from or
arising out of any acts of commission nr omission by the Permittee(s),
his agents, employees, customers, invitees, or arising from or out
_
of the Permittee(s)' occupation, or use of the premises demised,
or privileges granted, and to pay all costs connected therewith. In
this connection, the Permittee(s) agrees to arrange and pay for all
the following:
(a) rublic liability Aluba a;ice piutectiiig both the City and/Jf
its agents and the Permittee(s), such insurance to be evidenced by a
certificate of insurance showing the insurance in force. The amount
of such public liability insurance shall have limits not less than
those known as 100.000/300.000/SoAnn
(b) Permittee(s) 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 insurance and
Workmen's Compensation shall y (30)
p provide for not less than thirty
-
a
days written notice to the City of cancellation or expiration or
substantial change in policy conditions and coverage.
(d) Permittee(s) agrees that waiver of subrogation against
-
the City shall be requested by Permittee(s)' insuror, and shall be u
provided at no cost to the City.
• 7. Forebearance: Failure to insist upon a strict compliance
_
with the terms, conditions, and requirements herein contained, or
referred to, shall not constitute or be construed as a waiver or
,-
relinquishment of the right to exercise such terms, conditions or
requirements.
8. Regulations: The exercise of the use granted herein is at f
all times to be subject to the regulations governing the Kenai
-
Municipal Airport titled "Kenai Municipal Airport Regulations",
issued in 1976. By signing this permit, the Permittee(s) acknowledges
_-
that he has received a copy of said regulations and has familiarized
-
himself therewith and will comply with the requirements of said
regulations.
=
9. Solicitations: Solicitation of donations or the promotion
j
or operation of any part or kind of business or commercial enterprise
not contemplated by this Special Use Permit upon, in or above airport
-
lands without the written consent of the City, is prohibited.
10. Removal of Property: 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 i
of Kenai, 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.
r+
CITY OF KENAI
i
By
i
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,
r;
19
NOTARY PUBLIC FOR ALASKA j
1_ J
My Commission Expires
--
Page Two, SPECIAL USE PERMIT
-
l
i.
- ,v __:..;--.��.-_-:".-_.�_<•:.:—_._�.;:-=------.-,-.:_-_:w..•:,,-;,■ii�i iii.. `__.,,II_i_;li..�
PERMITTEE
� a
�� Srnte.� hGH
GIVEN UVDER MY HAND w AND S AL OF OFFICE, this day of
- Is
Q ,i
My Commission Expiresaw�ec�socr.':,�yTe
j
. a
R•
c, Page Three, SPECIAL USE PERMIT
i.. I
71
yY 5
TO: Phillip Aber, Acting City Manager
FROM: Howard Hackney, Project Representative
SUBJECT: Cost Estimate No. 7, Kenai Community Library
ITEM NO.
1
Small amount of topsoil left to spread.
^- Cn
�o M
No paving laid.
3
Completed
o'
Completed
5
Completed
o`
Completed
7
Completed
4
`�Yoo
Small amount of finish carpenter work remaining.
9
Completed
X d•�
m o
Completed
11
Completed
W �
Some finish hardware left to install.
E:
Completed
14
Completed
15
Marlite and vinyl floor installed. No carpeting.
16
Painting nearly completed.
17
Nearly completed.
18
Completed
19
Completed
20
Completed except for floor outlets which will be
installed after carpet is laid.
21
Completed
22
Completed
23
Pertains to carpeting.
24
Completed
No stored materials.
I recommend
payment of cost estimate no. 7 in the amount of
._$35,506.02
to Coastal Gamble.
�
r
t i
r
k:
t�
�j.
� r
TO: Phillip Aber, Acting City Manager
FROM: Howard Hackney, Project Representative
SUBJECT: Cost Estimate No. 7, Kenai Community Library
ITEM NO.
1
Small amount of topsoil left to spread.
2
No paving laid.
3
Completed
4
Completed
5
Completed
6
Completed
7
Completed
8
Small amount of finish carpenter work remaining.
9
Completed
10
Completed
11
Completed
12
Some finish hardware left to install.
13
Completed
14
Completed
15
Marlite and vinyl floor installed. No carpeting.
16
Painting nearly completed.
17
Nearly completed.
18
Completed
19
Completed
20
Completed except for floor outlets which will be
installed after carpet is laid.
21
Completed
22
Completed
23
Pertains to carpeting.
24
Completed
No stored materials.
I recommend
payment of cost estimate no. 7 in the amount of
._$35,506.02
to Coastal Gamble.
Howard Hackney
Project Representative
HH/eh
1
July 7,-"976
To: Phillip Aber, Acting City Manager
FROM: Howard Hackney, Project Representative
SUMMARY OF LIBRARY MONIES
TTW B iT n C. F q�T!) PAID
Site 4-e 42,900.00 42,900.00
Architect's Fee
25,287.50 $ 21,494.38
Building Construction $448,000.00 $360,646.98
Change orders 18,710.00 35,506.02 (payment No. 7)
$466,710.00 $396,153.00
Furnishings 501000.00. -0-
rXVAArx,'#I=%x
-0-
3,793.12
$ 70,557.00
$ 50,000.00
4,2
other 50.5887.00 (telephone installation)
9,277.50 4,337.58 4,939.92
TOTALS: $594,175.00 $464,884.96
t.
- $129,290.04
-
� I I I I I I I I I I I I I I 1 I III I II I II I -I I I I I I I I
l
_KATION At; ND CERTtF1CATE FOR PAYMENT AIA r)O(t'-'.IINT (;7at 2 vAc,i,
l•xt )Ira t Kenai Community LobraryAxc lull(T Lane, "norr Si Plumkett
it,.rnte..tddr•�" Kenai, Alaska '
%Rc 11111 c 1. 11140I1 c i NO 7501
+� I
TO rOwnerJ cc►�IR�c.tc)x: Coastal-Gamble J.V.
City of Kenai l
P.O. Box 580 CONTRA( T FOR: General Construction
Kenai, Alaska 99611 a
APPf 1CAilOti DATF: 1 July 1976 ArI.11CATION No: 7 ##
nll� 1'tK1C)S) rxO�t:fE
1 June 1976 TO 30 June 1976
('11 AVA GRIN K tillNit4AxY Applicaban is made for Payment, as shtnsn behnt, to cunnectton with the ConUtoct.
f!U tKr nrtk•n apprrnr r{ NpAi fU)%c S OEDUCTIONa S Continuation Sheet, AIA Document G7024, is attached. j
it; prrrocou. month+ in- The present status of the account for this Contract is as follows: i
Ttw%i ORIGINAL CONTRACT SUM .............. .. S_�48,QOO.00
••ubunifi r (,hangrt)tder, Y R• 1 18.710.00 '
— �umlter Appt•rsed
ldato, Net change b Chane Orders
? CONTRACT SUM TO DATE .......................t 466,710.00
TOTAL COMPLETED & STORED TO DATE .......... S 440,170.00
Wolumn G on C702A)
TOTAIS RETAINAGE 1 0 _•/. ...............''
44,017.00
%o change bV Change Order. S 18.710.00 or as noted in Column I on G702A
TOTAL EARNED LESS RETAINAGE ..................S 396,153.00
ih,• r.nrleragnr•d CrsnuarNrr rrrtdret that thy LLark erm•rtri try Thr. aplrh LESS PREVIOUS CERTIFICATES FOR PAYMENT ........s_ 360,646.98
rarr•.n 6•r Payment has Tree" r.,mpletr•,i :n aur,ulanrr with th.• t.rsnt.art "
1),,rumrnts, that ail amounts hate la en lard by hint test Work fist atuch 35,,506#02
po+u•u: Certrhtatr s for 1'swrient vis-re #.aped and payment+ n rested uom
CURRENT PAYMENT DUE S_.'_
th,• thoner, and that the current lrasmr•nt +hown herein ,+ run► due. ' ' • ' • • � � ' ' ' • • ' • • ' • ' ' ' ' • •
r Subscribed and sw un i„ b • r • is r ar July „ 76, 1
Coastal-Ga ble J.V. st .
i Nrstars Public: I{111
Y. Z. Unto. 7-1-76 qty Prsmmr+,urn c+pu, .. !^ t
In in r eirdanta• %%sth tM• t nntrsr.t and this Apphr atu,n list I aynu•rr1 flu- Cuntrat trrr is entitled b► payttu•ni its the amount shwvn abate
I [J AMCl11lLCT
' wit I+Ar•c I.
0. JUR
HY Lal I
O
I'lnt Cr rfihtab• r, first fie, nr•ah4•. It r•. payable un;t to the Iran••• namr d les ,ern and d% issuance. paynrr•ar and air. ;rime are without prejunice to any tights of t1µ• t )toner e.t i .antra, w units thea Cuntrar 1
r1
AIA DOCUMENT G7.02 to 1I'V11(.sr►()% 4%047tRirt'
ttAil 101?t'As%11%1 • NAKt'tt 1471 [Oltit)% is AIAa•
t• tYa • THt A%liK1t A% 1%%Till'll UI sKt:Hff[CiS• f'iS NIfy YttK• •sti. %.W. WAiNiN(;TM.l). C Jf0b
'ami _'ri n.rir.-••.�..._.. --- - �_..-�..�.�==:=mow._- _,�___...._,-�..—_.,_.,�.-- -------.,.-. - - - - -
s'
i
i
^41 r
I
t 1
- I
sl:
- - - - ____ -- -�-- --ter - z•- -
t
CONTINUATION SHICT Ali t )i 1111 1 NJ t .,702 i i ,&t,t 2
AIA Dotumcnt Wt'I. AI'P[It 1%110N AND t.lt(Tltit All It1K PANMIN1. tont-lining
CONTRAZTOR's ugned Certihtation f% attacht•tl Ai'1'tt( Al ION NUMtiI'R 7
In tabulation,& helint, amount. are .toted to tla• neareiI dollar
Use Column I on Ci,niract% where variable retainage for tine tit•rtn m.n .,Pitt, 1Rt atilt i 1'110}11( i No 7$01 's 1
ITEM{
otKatittU)NAfWtut►
stNf04,11111
An
A
8
1
C
1.
Earthwork
59.962.00
2.
Asphalt Pavinq
16.387.00
3.
Concrete & Reinforcing
44.355.00
4.
Masonry
43,998.00
5.
Misc. Metals
3.119.00
6.
Carpentry
32.672.00
7.
Heavy Timber Const.
36,591.00
8.
Finish earl,. ,wd. doors
43,998.00
-0-
& windows
16.785.00
9,
Insulation & U.8.
6,457.00
10.
Roofing & flash. &W.P.
19.996.00
11.
Hollow Metal WorV
3.604.00
12.
Finish Hardware
4,194.00
13.
Glass & Glazing
1,960.00
14.
Gypsum Wallboard
6.597.00
15.
Floor, Carpet & Marliti
11,593.00
16.
Painting & Taping
15.530.00
17.
Building Spec. & Equip
6,724.00
18.
Cabinets
7,644.00
19.
Mechanical
76,054.00
20.
Electrical
33,778.00
21
C.O. #1
316.00
22
C.O. #3
11098.00
23
C.O. #4
621.00
24 C.O. #5 16,675.00
wa.�.. .._�. ... _.. ...rte....-�.
i.,•., •,. t :•.ri
4;.t,.. .. J.. s;•p'ti.•an
i. 'R: 5J
�t�TtY.At�
r
•. r. ..i s . •� a •
.1i.tW itt t1Aif
G•i)+t. }f
...
�•-••-•
•.
_ -. _ -
11) I1tiMif ;
N•t t i I
I i
�
58,762.0000
1,000.00
-0-
59,762.00
99
200.00
-0- `
-0-
-0-
-0-
0
16,387.00
44,355.001
-0-
-0-
44,355.00
100
-0-
43,998.00
-0-
-0-
43,998.00
100
-0-
3,119.00
-0-
-0-
3,119.00
100
-0-
32,018.00
654.00
-0-
32,672.00
100
-0-
36,591.00
-0-
-0-
36,591.00
100
-0-
15,106.00
1,379.00
-0-
16,485.00
98
300.00
6,457.00
-0-
-0-
6,457.00
100
-0-
17,996.00
2,000.00
-0-
19,996.00
100
-0-
3,604.00
-0-
-0-
3,604.00
100
-0-
1.260.00
2,740.00
-0-
4,000.00
95
194.00
1,960.00
-0-
-0-
1,960.00
100
-0-
6,597.00
-0-
-0-
6,597.00
100
-0-
-0-
4,057.00
-0-
4,057.00
35
7,536.00
12,424.00
2,795.00
-0-
15,219.00
98
311.00
3,000.00
3,387.00
-0-
6,387.00
95
337.00
-0-
7,644.00
-0-
7,644.00
100
-0-
64,645.00
11,409.00
-0-
76,054.00
100
-0-
30,400.00
3,040.00
-0-
33,440.00
99
338.00
-0-
-0-
-0-
-0-
0
316.00
988.00
110,00
-0-
11098.00
100
-0-
-0-
-0-
-0-
-0-
0
621.00
8,337.00
8,338.00
-0-
16,675.00
100
-0-
SUB 101A1 OR TUTAt 466,710.00~ - 391,617.00 48,553.00
=?e . A1A D0CUM1TN1 WOU • CONTM ATION SI ECT • MsARCU 7, . EU,iint► • AtAo • S i , i
THI[AMIRICAti INSTITUTE Of ARCHITICTS,1731 %tW YORK A14- %.%V., NA141%GTON, D. C. 20006
,
{l
-0- 440,170.00 26,640.00 t
1
x r
I i
�
,
{l
-0- 440,170.00 26,640.00 t
5 1 .
HAROLD H. GALLIETT. JR.
REGISTERED CIVIL ENGINEER
SURVEYS
1LMS 23 June 1976
—
OES1GN
"P9"Is "
Mr. L. Phillip Aber,
Acting City Manager
City of Kenai
Box 580
Kenai, Alaska 99611
Subject: STATEMENT,
Professional Engineering Services,
Yater Supply & Distribution
System Improvements - 1976,
EDA Project No. 07-01-01684
744 i STREET
ANCHORAGE, ALASKA 99501
272.9212
27o•ess6
Dear Sir:
This letter is my statement for professional engineer-
ing services rendered in connection with Water Supply &
Distribution System Improvements - 1976, EDA Project No.
07-01-01684.
This statement covers engineering services required
for the design or redesign of the following specific im-
provements:
1. Production Well No. 2,
2. About 9,0001 of 10" & 1211 water main,
3. water meters for all presently unmetered water
services, and
4. A covered and lined fire reservoir.
The general types of engineering services we have -
rendered in connection with these improvements are as follows:
Preliminary Phase
1. Conferences with City and with various approving,
regulatory, and funding agencies,
2. Site inspections,
3. Preparation of preliminary engineering report,
specifications and plans, and submission for approval of
-1-
__ - r --- - r. - .-- �-�_ i� ..Tr sem_ ._�_ � �� � .•�-_4 i-�-.-�
i
h.
City, Alaska Department of Environmental Conservation and
Economic Development Administration.
h 4. Preparation of preliminary cost estimates. 4
- q jn Phase
1. Conferences and correspondence with the City and
various approving, regulatory and funding agencies.
2. Past planning for and assisting the City to obtain
surveys and subsurface data for design.
3. Furnishing engineering data for application for
approval by the Alaska Department of Environmental Conser-
vation and the Alaska Fire Marshal.
4. Preparation of detailed contract drawings, speci-
fications, contract documents, schedule of quantities and
estimate.
5. Furnishing 10 copies of the contract documents
for final review by the City, ADEC, the Alaska Fire Marshal
and EDA.
I -
Construction Phase f
1. Assistance to the City in advertising for bids.
2. Assistance in the preparation of formal contract
documents and furnishing 40 copies thereof.
Special Services
1. Past soils investigations. +
= - 2. Past land and engineering s. '
9 g surve Y
3. Travel and subsistence.
4. Assistance with detailed applications and support-
ing documents for grant funding from EDA and ADEC. 1
5. Preparation of right-of-way descriptions and in-
struments.
The work performed is authorized by our contract dated t
2nd October 1975, and the amendment thereto dated 11th 1
June 1976.
� ( 1
Our charges are detailed as follows:
°k 1. Time
a. Principal Enqineer
Galliett, H. i
765; Hrs. @ $40.00 $30,620.00
-2-
-3-
b.
Employees
I
Copeland, A.
3 Hrs. @ $20,00
60.00
Galliett, M.
370 Hrs. @ $15.00
5,550.00
2.
Expenses
a.
Reproductions
$1,438.62
b.
Parking
7.00
c.
Telephone
82.44
d.
Meals & Lodging
115.76
e.
Xerox Copies
376.28
f.
Supplies
19.36
g.
Photocopying
45.50
h.
Truck Mileage
37.50
i.
Postage
65.28
j.
Freight
34.67
k.
Transportation
567.78
-
1.
Miscellaneous
2,296.50
Expenses
_
Prorated In
Accordance
"
With Engineer's
Hours
i
m.
Total Expenses
5,086.69
- 3.
Total Time & Expenses
$41,316.69
4.
-i
Distribution
of Time & Expenses
a.
Basic Services
(1) Contract Amount
$98,886.00
_'.
(2) Previously Paid
-42,318.00
(3) Current Budget
$56,568.00
(4) Current Earnings
27.544.46
(5) Current Remainder
29,023.54
In Basic Services
= 1
Budget
-3-
F77�
j;�:-
b. Special Services
(1) Contract Amount $36,900.00
(2) Previously Paid 4,301.00
(3) Current Budget $32,599.00
(4) Current Earnings 13,772.23 ✓
(5) Current Remainder 18,826.77
In Special Services
Budget
c. Current Remainder In $47,850.31
Engineering Budget
5. Engineering Cost Versus Progress
a. Contract Amount $135,786.00
b. Cost To Date 87,935.69
c. Current Remainder $47,850.31
d. Current Cost/Amount 64.8%
e. Estimated Progress 75.0%
6. PAYMENT REQUESTED -----------------------$41,316.69
Very truly yours,
Harold H. Galliett, Jr.,
Registered Civil Engineer
HG:mg
-4-
f.
AUN
A SSIGNI4ENT
I. EDWARD A. FERGUSON, hereinafter referred to as Assignor,
for and in consideration of the sum of
DOLLARS ($ ), and other valuable consid-
eration, to him in hand paid by YOSHI SHIOHIRA and RUTH SHIOHIRA,
husband and wife, hereinafter referred to as Assignees, the recei t '
for which is hereby acknowledged, does hereby sell, transfer, i
cone and
y assign all of his right, title and interest in and to
that certain Lease on the following described real property, to -
wit:
Lot three (3) of GUSTY SUBDIVISION, according
to the official plat recorded in the Kenai
Recording District, Third Judicial District,
State of Alaska.
Said Lease dated August 30, 1970, recorded on August 12,
1970 in Misc. Book 38 at Page 210, Kenai Recording District,
Third Judicial District, State of Alaska..
This Assignment is subject to the approval of the CITY OF
j KENAI.
l
` Dated at Kenai, Alaska, this day of July, 1976.
y
i
I
EDWARD A. FERGUSON j
Accepted and Approved this day of 1976,
CITY OF KEDIAI
b By:
i
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
THIS•IS TO CERTIFY that on this day of 1976,
before me, the undersigned Notary PuFlic in and for the State of
Alaska, personally appeared EDWARD A. FERGUSON kno�,m to me to be i
the person named in the foregoing instrument, and acknowledged to
me that he executed the same freely and voluntarily, for the uses
- and purposes therein contained.
IN WITNESS HEREOF, I have hereunto set my hand and seal the day
and year first hereinabove written.
I
60WAR0 L GARNIM
A SSIGNI4ENT
I. EDWARD A. FERGUSON, hereinafter referred to as Assignor,
for and in consideration of the sum of
DOLLARS ($ ), and other valuable consid-
eration, to him in hand paid by YOSHI SHIOHIRA and RUTH SHIOHIRA,
husband and wife, hereinafter referred to as Assignees, the recei t '
for which is hereby acknowledged, does hereby sell, transfer, i
cone and
y assign all of his right, title and interest in and to
that certain Lease on the following described real property, to -
wit:
Lot three (3) of GUSTY SUBDIVISION, according
to the official plat recorded in the Kenai
Recording District, Third Judicial District,
State of Alaska.
Said Lease dated August 30, 1970, recorded on August 12,
1970 in Misc. Book 38 at Page 210, Kenai Recording District,
Third Judicial District, State of Alaska..
This Assignment is subject to the approval of the CITY OF
j KENAI.
l
` Dated at Kenai, Alaska, this day of July, 1976.
y
i
I
EDWARD A. FERGUSON j
Accepted and Approved this day of 1976,
CITY OF KEDIAI
b By:
i
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
THIS•IS TO CERTIFY that on this day of 1976,
before me, the undersigned Notary PuFlic in and for the State of
Alaska, personally appeared EDWARD A. FERGUSON kno�,m to me to be i
the person named in the foregoing instrument, and acknowledged to
me that he executed the same freely and voluntarily, for the uses
- and purposes therein contained.
IN WITNESS HEREOF, I have hereunto set my hand and seal the day
and year first hereinabove written.
Notary Public, State of Alaska
My commission expires:
I '
y!
60WAR0 L GARNIM
A7rORNZV A7 LAW
P. o. sox fiat
NEW. ALASM"ftt
TALSPHONi 007 - MIS -7199
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:.I
Notary Public, State of Alaska
My commission expires:
I '
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7,
ASSIGNMENT
I, EDWARD A. FERGUSON, hereinafter referred to as Assignor,
t
j for and in ennelderation of the a" 6i
I DOLLARS {$ ), and other valuable consid-
eration, to him in hand paid by YOSHI SHIOHIRA and RUTH SHlOHIRd,1
husband and wife, hereinafter referred to as Assignees, the recei�t
for which is hereby acknowledged, does hereby sell, transfer,
convey and assign all of his right, title and interest in and to
that certain Lease on the following described real property, to-
wit-,
Lot three (3) of GUSTY SUBDIVISION, according ;
to the official plat recorded in the Menai j
Recording District, Third Judicial District,
--
State of Alaska. f
Said Lease dated August 30, 1970, recorded on August 12,
!
' 1970 in ?fisc. Book 38 at Page 210, Kenai Recording District,
Third Judicial District, State of Alaska..
-
This Assignment is subject to the approval of the CITY OF
KENAI.
Dated at Kenai, Alaska, this day of -July, 1976. !
i
'
EDWARD A. FERGUSON
Accepted and Approved this day of .1976,
CITY OF KENAI
By:
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
THIS•IS TO CERTIFY that on this day of 1976,
before me. the undersigned NotarF-Mic in ana for the State of
Alaska, personally appeared EDWARD A. FERGUSON known to r►e to be
to
the person named in the foregoing instrument, and acknowledged
me that he executed the same freely and voluntarily, for the uses!
=E
and purposes therein contained.
1
-'
IN WITNESS HEREOF, I have hereunto set my hand and seal the day
(,
and year first hereinabove written.
•
Notary Alaska
�
S WAM L Q MMM Mycmmission�expires;
ATfAMRT AT SAW
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W sox om
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AWsad By
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witnin the City of Seward (Lot 30, Marathon Addn.)
(c) Ord. 76-44 "An Ordinance Concerning Rezoning
within the City of Seward" (Marina Subdivision) O
(d) Ord. 76-38 "An Ordinance Allowing the City of
xenai to Prohibit the Appropriation of Slater
Beneath the Surface of Approximately 50 Square
Miles of Land in the Beaver Crock Ground Water ^/
System, a Large Portion of Which Lies Within
the Kenai Peninsula Borough"
(Action Postponed from 7-6 to 7-20, failed with
motion for Reconsideration 8-3-76)
G. INTRODUCTION OF ORDINANCES:
(a) Ord. 76-49 "An Ordinance Concerning Rezoning ✓
witnin the City of homer" (Glacier View Subd.)
(b) Ord. 76 -SO "An Ordinance to Amend KPB 16 04.040
to Provide for Public hearing Outside the
Boundaries of a Proposed Service area When
Facilities in the Area Are Not Adequate to
Hold the Public Meeting"
(c) Ord. 76-51 "An Ordinance to Amend KPB 3.04.220(c)
to Provide for an Increase in Employee Vehicle
Allowance"
KENA1 PENINSULA BOROUGH
AGENDA FOR THE REGULAR ASSEMBLY MLET I NG
AUGUST 3, 1976, 7:30 P—M.
BOROUGH Alyd I N I STR AT 1 ON BUILDING
P. 0. BOX 850
SOLDOTNA, ALASKA 99669
1,
- A n E N P A -
ASSI:NBLY
A. CALL TO ORDER AND ROLL. CALL
Davis
9
Douglas
9
B. PLEDGE OF ALLEGIANCE AND/OR OPENING CEREMONY
Elson
10.67
Fields
9
C. SEATING OF NE -11 ASSEMBLYMEN
Fischer
9
11amrick
4
(a) Mr. James A. Elson, replacing Mr. A. L.
Johnson
10.67
Hudson, City of Kenai representative
Lutz
7.5
Mika
9
D. AGENDA APPROVAL
Mullen
9
O'Connell
9
E. MINUTES: July 20, 1976
Oldow
7.5
Cooper
10
F. ORDINANCE HEARINGS:
Corr
9
(a) Ord. 76-40 "An Ordinance Amending KPB
x0.16.180(3) to Provide for Use of a
Short Form Notary Acknowledgement Form
and Amending KPB 20.16.190 to Provide for
the Mayor or Planning Director to Sign
Plats Rather than Chairman and Secretary
and Amending KPB 20.16.290 to Clarify and
Correct the Distribution and Transmittal
^ of Plats and to Provide for Limiting the
Time That a Final Plat Can Be Hold for
Recording After Approval and Amending KPB
20.24.020 to Clarify the Provisions for
Granting Exceptions"
(b) Ord. 76-43 "An Ordinance Concerning Rezoning
of
l
J
witnin the City of Seward (Lot 30, Marathon Addn.)
(c) Ord. 76-44 "An Ordinance Concerning Rezoning
within the City of Seward" (Marina Subdivision) O
(d) Ord. 76-38 "An Ordinance Allowing the City of
xenai to Prohibit the Appropriation of Slater
Beneath the Surface of Approximately 50 Square
Miles of Land in the Beaver Crock Ground Water ^/
System, a Large Portion of Which Lies Within
the Kenai Peninsula Borough"
(Action Postponed from 7-6 to 7-20, failed with
motion for Reconsideration 8-3-76)
G. INTRODUCTION OF ORDINANCES:
(a) Ord. 76-49 "An Ordinance Concerning Rezoning ✓
witnin the City of homer" (Glacier View Subd.)
(b) Ord. 76 -SO "An Ordinance to Amend KPB 16 04.040
to Provide for Public hearing Outside the
Boundaries of a Proposed Service area When
Facilities in the Area Are Not Adequate to
Hold the Public Meeting"
(c) Ord. 76-51 "An Ordinance to Amend KPB 3.04.220(c)
to Provide for an Increase in Employee Vehicle
Allowance"
(d) Ord. 76-52 "An Ordinance Making a Supplemental j
Appropriation for the Insurance Program for the
Kenai Peninsula Borough and the Kenai Peninsula
Borough School District"
H. PUBLIC PR1:S! MTATIOMS {with prior not ice)
I
1. C^'LIITTEF REPORTS
(a) School Board fleeting of August 2, 1976
(b) Air Resources Management District, July 21, 1976
i
(c) O.E.D.P. Meeting, July 21, 1976
J. MAYOR'S REPORT
(a) Data Processing Report (memo)
(b) Bear Creek proposed service area
K. SCHOOL CONSTRUCTION REPORT
(a) Homer High School Schematics
(b) Change Orders: Nikolaevsk fi Bartlett (Tyonek)
L. OTHER BUSINESS
(a) Tax Adjustment Requests
•, M. MAYOR AND ASSEMBLY: COMMENTS AND DISCUSSION
N. PUBLIC PRESENTATIONS
0. INFORMATIONAL MATERIALS AND REPORTS
(a) Minutes: School Board Agenda, 8-2-76
So. Peninsula Hospital Service Area 6-I6-76
'. (b) Correspondence: Dept. of Interior re Res. 76-7
(c) Other: News, U.S. Dept. of Labor &
Anchoraae Food Price Index
P. NEXT MEETING: August 17, 1976, 7:30 p.m., Borough Administra-
tion Building, Soldotna, Alaska.
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