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Home My WebLink About1976-03-03 Council PacketI- I III IIII I mill 11 1 1 1 11 1 COUNCIL PACKETS i617L 11 11 Kenai City Council Meeting Packet March 3, 1976 S I f - .i . � t } i I e j{ ,j. CITY OF KENAI -; ORDINANCE NO. 288-76 n �j AN ORDINANCE OF THE CITY OF KENAI, ALASKA AMENDING THE 1975-76 BUDGET FOR THE AIRPORT LAND FUND, AIRPORT MAINTENANCE AND OPERATION FUND, AND THE GENERAL FUND. The purpose of this Ordinance is to authorize: - 1. A donation from the General Fund to the Kenai Peninsula Community Care Center; -- J 2. A transfer from the Airport Land Fuad to the Airport Maintenance and Operation Fund; 3. An increase in the amount budgeted for rents and leases in Ute Airport Land Fuad to reflect the payment of rent from the Kenai Peninsula Community Can Center. Amendments to the budget are as follows: Increase (Decrease) General Fund - expenditures for interfund transfers $ (9.243) to the Airport Mao Fund General Fund - expenditures for Non -Departmental 9.243 for Miseellaueou9 -- donation to the Kenai Peninsula Community Care Center Airport Mao Fund - revenues from interfund transfers (9.243) u fhn the General Fuad Airport Mao Fund - revenues from interfund transfers 9,243 f firom the Airport Land Fund Airport - ezpenditures for fiiterfund transfers 9,243 to the Airport Mao Fund PASSED by the Council of the City of Kenai, Alaska this day of March, 1976. CITY OF KENAI, ALASKA . I JAMES A. ELSON / MAYOR ATTEST: . I -Sue C. Peter, City Clerk s =- FIRST READING:t- 1 SECOND READING: vI. Yap DATE: - --_-_ __" -1111111111 - _ -- __---_ _I I I I I I�II�---_-- _-_I -._ 111111_1 �I •ITI I III ��, II 1 _ . Airport Land Fund - revenues from rents and leases -- 9,243 - -- Y•v rent from the Kenai Peninsula Community Care Center ��. f --A A.—A Airport - ezpenditures for fiiterfund transfers 9,243 to the Airport Mao Fund PASSED by the Council of the City of Kenai, Alaska this day of March, 1976. CITY OF KENAI, ALASKA . I JAMES A. ELSON / MAYOR ATTEST: . I -Sue C. Peter, City Clerk s =- FIRST READING:t- 1 SECOND READING: vI. Yap DATE: N„ i -� oil moi 111 I� 111 ii -moi•-- �._. - - ._ — - - - - CITY OF KENAI ORDINANCE NO. 289-76 AN ORDINANCE PIt01•ECTING HE Wk EA SUPPLY AND WATERSHED OF THE CITY OF KENAI, ALASKA, AND PROVIDING FOR ENFORCEMENT OF THE ORDINANCE OUTSIDE THE CITY LV=S . WHEREAS, AS 29.48.037 allows a City to adopt ordinances protecting its watershed and to enforce such ordinances outside its City limits, aqd WHEREAS, the City of Kenai derives its principal water supply from the Beaver Creek aquifer northeast of the City, and WHEREAS, it is in the public interest to adopt an ordinance protecting such aquifer. NOW. THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska. that: Section 1. It shall be unlawful for any person or other entity to dig. build. drive. drill or in any manner construct a well or otherwise appropriate water from beneath the surface in the ✓ following described territory without the prior written consent of the City of Kenai: TON. R10W; T7N. R10W; portion of TON, RUW; portion of TIN, RIM and portion of TON. ROW; and portion of T7N. ROW, Seward Meridian Consent shall not be given unless the Council of the City of Kenai has approved such appropriation. They shall not the S appropriation it it is likely to have a substantial detrimental effect on the City's water supply. t Section 2. Any person or entity violating the provisions of j.; Section 1 shall be subject to a civil penalty of $300.00 for each offense. Each and every day such offense continues shall be -' deemed a separate violation. In addition. the City may enjoin the violator from any further . , lotion. - _- -. .. .nom..... ..�, iv�t s � ILII II III 11111 ■I��11'"_--_-___ _�-.. ,.-_. �-....:�....w.,...=9. .:s -r - <., ,.. � r�i- _ _ � - � i.•r�sa� _ I II I I II II I I-�- II I 111 III I S I II I I ISI•~ II � I I gra .��......•r�." >._. - � __ _ __ _- I _ PASSED BY THE COUNCIL OF KENAI, ALASKA, this day of - — CITY OF KENAI, ALASKA ,v JAMES A. ELSON, MAYOR ATTEST: - -- - Sue C. Peter, City Clerk o FIRST READING: O%W,, /e, /97(0 SECOND READING: EFFECTIVE DATE: - t . Page 2, ORDINANCE NO. 289-76 - — I i l' _i 1 1- - ga� do, ys, Mr. Ae I EM I I March 26, 1975 - Kenai Advisary Planninq CImmd ion P. O. Box 580 Alma=.0 Alaska Mr. Chairman and Members: 1, Chester ff. Coale, hemrith subad t for your oonsideraUm and apo z=al. Wi a2 E!4 and �q a ��L,.. pit on a portion of my amm=mmv iim4 a "Conditional Me" Peani.t, Section 20.30.220. a�/ , The r�.K.:.�tj is )mmm as Tract 6 of horseshoe Enid at Itiver's Bend is located on Beaver low Pnlad, Fo3tai, Alaska. The aaaarlanying plat gives the legal description of the r.a..t.c a --, and explains ry. intent for develcp- ment of the pit. You will note that the plat shows a two hundred foot (2000) screm along the entire south bounzy, facing Beaver rAm Rmd, to recrove any and all activities frm public view and to leave this area In a natural state. I would enter the cn the east side and construct an access road along the north -south line frcm its oonfluence frith Beamer rmap road, to a depth of two hundred (2001) to a mint of beginning. Fs+0at this point I would plan m opening the pit and c=tinuing north and west only as gravel sales could justify, being &me to never too dens to dw ge neighboring property• ralladng is a description of my plan of amwatdon-,,., ,Lna the pit: 1. Opening the rit. Trees, oveiinardert, top soil, v=W be shoved and dispamd of as required by local, state and federal regulations, and this only to the extent justified by seasa ml. gravel sales. 2. Gravel removal and restoration. Gravel would be r.,rio ved to a depth a S, rccthe average water tale and continued thus, rather than to excavate a deep pit at any point. Tep soil zewnred initially would be shod: piled and upon time of gravel depletion would be returted and the land restored for future develogaent. Shauls operated gavel pits on the Beaver hoop Abad for the last Wenty years in like mmuex and we invite insnection of this method of restoration. _2 E RMai. Advisory Planning CmMission s 3. Oamlianee with gravel extraction and rdnina reculat.ioms. J I All pit and removal rethods *.•aoul.d carply with "Eureau of i Lands and !lines" zbquirertts as gall as local, state and federal stare in addition the pit will be maintained in a clean, neat and safe manner. 4. Gravel quality and tyne of sales. The gravel on this r,. �.�:: t, is of quality terred as "Class- ified Material" and not "Barrow or Fill" material. For this reason sales of this material will be United to "Classified Material" and thus t?e life time use of the pit exuded as long as possible. S. Protection of adicinim -.&%M."Lies. At all t3ai s of operation Cart will be exercised to-.�L....a'. aAnOjW= to neichbors and public and to tuintafn privacy. The pit boundries scall never extend close enough to neighbor-Inggrr—r t:.—t„.�.t_o create t danger nor to exceed Uwful limitati=, �-- except bry mzt ual neigWmring aa..:.e.�:.i.:.. J6 In stamaty I would remind all cancmmed parties that gravel is an exrAndable material and is going to 'Necome uar+e scarce each year as city .. .:, continues. It should be the ultirkate goal of all to the orderly development of existing supplies and not seal them off from public use by exacb=t of iroossible lays and ru]inals. This mist zhe has been made is row cities and as a result the public has suffered exorbitant added building costs. 2mmking you for a favarable reply I rev ain, SSiinaesely, .,� Cbestet H. Clone 4 I ►+.. __;_ �k>;x:.�"".'�:x--,-mom. -. ..... w int -�. ... ��..�:.,'.:��.� � rte--ter+..•.:_.......—.-.- - ..�Y .z> i�_�r .. ..r - - ��4..�ww�==_:.aY»�-..= 77 �.,; �� - j-"' III i I llll.�ll III I J ull il'+•" i' �. - � ' � • -. _ .-.. -•- s i3 9 •59:30" ilii ' - �•� 7RAC r 6 . t 38. J440 Acres ao O a I - • a• `.w ,,.. tjt.1Q 3 t1G � Zoo'FT. gtr•�A a _QtA It OP • �: � rte.. i � ' • ,.r..,,,. • - � - orr shae ,-nd al'River Bend SID POR. COML . - t►At-arta. SL$V-qcl 4 � r . 'ii.r�l • 11 ..L--.. -.tel-i'•.�.. f.-.-.'-�.. i ..._.�.__--._—_.____ ..___. .___"____. _� �� _ __ _ _- - _ _ - __ _ __ - _ _ _ �� .II IIL -...._ _ — y.,,.. �... ,- .�,+•v. 4... ra+-vim... _.�.. -:. r -•-- -�.r► _- _ ...... _ - -__ __-__ _ ___ - �.-. ...- __.. AGENDA • REGULAR MEETING - KEW CITY COUNCIL I I FEBRUARY 18, 1978 - 8: 00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE PJWR A. ROLL CALL 1 AGENDA APPROVAL 1 , B. PUBLIC HEARINGS 1 1. 2. S. 4. C. PERSONS PRESENT SCHEDULED TO BE BEARD 1. Mr. ink Spake - State Department of Highways 1 2. D. MIRMS I. 1[iautes of the Regular Meeting of February 4.1978 3 y y S. CORRESPONDENCE 1. I 2. 1 F. OLD BUSINESS I. Council Selection of new Council Member 4 •• 2. Firs Department Mutual Aid Agreement - Rend/North Rensi/Soldolna 4 a. 4. G. NEW BUSINESS I. Bills to be Paid - bills to be ratifted, 5 2. Ordinance 288--78 - Amending Airport Land Fuund.v&O Fund a General Fund S S. Ordinance 289-78 -Protection of Water Resources d 4. Resolution No. 78-8 - Establishing Depositories a Authorized Signatures 7 S, fosse of City Owned Lands - Peninsula Oilers 8 ,) S. Pegram FBI School Contract 9 7.:Erdension of date/Development Plan - Soapy Beaver Car We& 10 S. Bid Tabulation - Tires a Wheels for City Dump Trucks n p, 10. 12. , l3. I 14. H. REPORTS 1. City Manager's Report n 2. City Attorney's Report 12 3. Mayor's Report 12 j 4. City Clerk's Report is S. Finance Director's Report is S. Planning a Zoning Commission's Report 13 7. tienai Peninsula Borough Assembly's Report _ . I- PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. Mr. Phillip Aber 14 2. Mrs. Ruby Coyle 14 3. Mr. Arthur Evans 14 11 6 KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 18, 1976 - 8: 00 P.M. KENAI PUBLIC SAFETY BUILDING JAMES A. ELSON , MAYOR, PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: A. L. Hudson, Richard Morgan, Edward Ambarian, Tom Ackerly, Walter Sweet and James Elson Absent: None AGENDA APPROVAL Council unanitaously approved the addition of the following items: 0-7: Extension of date/Development Plan - Soapy Beaver Car Wash 0-8: Bid Tabulation - Tires and Wheels for City Dump Trucks B. PUBLIC HEARINGS None C. PRESONS PRESENT S W&ED TO BE HEARD: C -l: Mr. Jack M. Spake, State Department of Highways Mr. Spake, Central District Engineer for the State Department of Highways presented the Five Year Highway Construction Program to the Council and advised that the City of Kenai would be included in the Off System Road Contructton Program this year. The tentative contract award schedule to to reconstruct and pave 3.8 miles of the Beaver Loop Road and reconstruct and pave 1.5 miles of Nomesite Loop (Forest Drive) . Estimated total cost for the Beaver Loop project Is $500,000 and $375,000 for Homesite Loop. Also included in this year's construction projects is a bicycle path along the Spur Highway to Tinker Lane. Mr. Spoke advised that these projects would not have been feasible H it had not been for the funding from the Off System , ,�,, ,, ; Mr. Spoke also advised that the Kenai Spur Highway project should be completed in July or August. Mr. Spake also requested that Council submit a resolution which should be sent to our Congressional delegation to encourage the continu=ce of the off system road project funding on a yearly basis. Mr. Spake stated, "this money would get some projects off the board which would not get done for many years". _ .�- ._.,✓. �' __ -_ .. ". .rel II - .. __- - __"_ -_•-• ___ - - _ _. - �_ .:.- -- - - __ -- - -- - _ - KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 Page 2 ,, Mayor Elson inquired H upon completion of the projects on Beaver Loop and Homesite Loop would the State continue responsibility of maintenance? ; Mr. Spoke stated that they would remain under the State maintenance system, however, the State had received resolutions from the City of Kenai atadn¢ that the City would assume responsibility for maintenance upon completion of construction. Mr. Lynn advised that it was the intent of the City to assume maintenance if the construction of these roadways met City standards. Mr. Spoke advised that there was not enough money available to construct a primary type road, however, the construction as planned would serve the needs of the area. Mr. Spoke further advised that Homesite Loop would have a paved sidewalk and combined bicycle path out to the turn. The State will have put in the best approaches they possibly can. i Mr. Keith Morberg of the Highway Department advised the Council that both - projects would have a gravel overlay. The plans include getting the roadway up and will seal with a 2" surface of asphalt. j Mr. Phillip Aber, City Public Works Director, explained the feelings of the City which have been expressed in prior meetings in that it was his feeling too that a better way to go would be to do just a portion of the roadway and do a complete job on it as far as the money would go. Mr. Aber stated he would like to sit down with the Highway Department representatives and go over the proposed plan of construction. '•1 Mr. Morberg stated that due to traffic counts taken on both Beaver Loop and 1 Homesite Loop, it was determined that traffic load is comparatively light and the proposed type of construction would serve the needs. Mr. Morberg further stated that a proposal such as Mr. Aber suggested would mean dropping 9/10ths of the project. I Councilman Ambarian inquired if the City assumed maintenance and after two or 1 three gears some problems arise, is there some stipulation wherein the State , would takeover the maintenance once again? Mr. Spoke advised that if there was a question concerning maintenance, the State would waiver the restriction that the City would be held responsible and the State would continue to maintain _ Heaver Loop and Homesite Loop. >� Mr. Ray Shumway, Chief Design Engineer for the Department of Highways, i advised the Council that this type of construction has been very acceptable in prior projects (Alcan Highway, etc.) and Mr. Shumway also urged the Council to send a resolution to Congress requesting they, tontine with the Off System Road money. Any wires, resolutions. etc. sent to Senator Gravel and Congressman Young will help in keeping this off system money available for road construction . i - 11"� Q KUM CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 3 Mayor Elson advised that he had received a letter from Senator Gravel stating that Congress is getting concerned over the amount of money Alaska is receiving and Senator Gravel asked for support from the various communities, etc. showing the dire need in Alaska for this aid. Councilman Ackerly asked Mr. Spoke when this project would be going to bid and was advised that within a month or six weeks. Councilman Morgan asked if the State were familiar with the sub -surface condition of Homesite Loop and Mr. Morberg advised that the State had conducted various tests. Councilman Morgan stated the reason he was concerned is that this area is going to be cut by water/sewer crossing in the next few years and the road will end up in patchwork condition. Mr. Morberg advised that the City would have to develop strict codes for permits governing water/sewer crossings. Mr. Spake further advised that if the State to responsible for the maintenance of this road, it will be the State's responsibility to strictly govern any water/sewer crossings. Mr. Aber advised that he would like to have the water/sewer crossings construction completed prior to the road construction, however, there were no monies available In the City at this time. Council instructed Administration to prepare a resoluton which will be sent to Alaska's congressional delegation urging support for the OK System Road Funding. D. MINUTES D -l: Minutes of the Regular Meeting of February 4. 1976 Councilman Morgan asked that on Page 2 of the minutes regarding Councilman Ambarian's statement of the public hearing to be held on Monday, February 9, that an explanation as to who was holding the public hearing be included in the minutes. There being no further corrections, the minutes were unrmtmously ,�,, rd as corrected. E. CORRESPONDENCE None F. OLD BUSINESS -- i KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 4 i F-1; Council selection of new Council member ; Mayor Elson opened the meeting to nominations. MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for the nomination of Mr. James Doyle. MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for the nomination of Mr. Oscar Thomas. MOTION: Councilman Sweet moved, seconded by Councilman Morgan, that the nominations be closed. Mayor Elson instructed the Clerk to prepare for balloting. y i FIRST BALLOT: Thomas - 3 Doyle - 3 !1 Mayor Elson instructed the Clerk to prepare for a second balloting. SECOND BALLOT: Thomas - 3 Doyle - 3 With Council consent, Mayor Elson moved the meeting onto the next item on the agenda. F-2: Fire Department Mutual Aid Acreement - Kenai/North Kenai/Soldotna ? Mr. Lynn advised that Administration had not received word back from our Insurance carrier on some questions contained in the agreement, and, therefore, requested Council table the matter until the next regular meeting. Councilman Morgan asked for an explanation as to why this matter had not ` - been resolved as it had been on the agenda for the past three meetings. Janis Williams, City Attorney, reported that the City is responsible for the party requested from the time they leave the station until the time they return to the station. Our insurance carrier has problems covering this -- the -� question to should we change insurance carriers or change the agreement. • lu --- L._�..: _- - :• - ,moi ... -- -._-_...-- ._ _' .r �.-..» .� _. ....-+-,�.-._-. .. _ _-�v 1 _ �" _ - -- - I' '---- --_-- KENAI CITY COUNCIL., REGULAR MEETING, FEBRUARY 18, 1976 PAGE 5 i Councilman Ackerly reminded Administration that at the last meeting Administration Ii ^ was directed to prepare a report on changing insurance carriers. I Mr. Lynn advised Council that he would contact another company while in ' _ - Anchorage on Thursday -- the City has been working with our present insurance carrier up to this time. Councilman Ambarian inquired as to who was billed for our services now that North Kenai does not have an ambulance? Mr. Lynn advised that we bill the Individual who uses the service and in the case of North Kenai, they are now using the Fire Chief's stationwagon as an ambulance. 0. NEW BUST EW 0-1: Bills to be paid - bills to be ratified - Mr. Lynn advised that these were routine bills for operating expenses and were all budgeted items. Mr. Lynn reported that the Dunamis Electric billing was for repairs to the airport runway lighting project. Also, Heavy Duty Electric in the amount of $585.00 for parts and regulators was to be deleted as the merchandise has not been received. MOTION: Councilman Ambarisn moved, seconded by Councilman Hudson, for .;,t, t., al of those bilis listed to be paid with the deletion of Heavy Duty Electric and approval of those bills to be ratified. Motion passed unanimously by roll call vote with Councilman Morgan abstaining ' on the Lukes Melding billing. i 0-2: Ordinance 288-76 - Amending the Airport Land- Fund, Mao Fund a General Fund Mayor Elson read Ordinance No. 288-76 amending the 1975-76 budget for the airport land farad, airport maintenance and operation fund, and the general bund. The purpose of this ordinance is to authorize (1) a donation from the • general !turd to the Kenai Peninsula Community Care Center; (2) a transfer from the Airport Land Fund to the Airport Maintenance and Operation Fund; (S) and an increase in the amount budgeted for rents and leases in the Airport ► Land Fund to reflect the payment of rent from the Kenai Peninsula Community Care Center. Mr. Lynn advised that during the last budget session, it was required that the City make payment to the Airport Land Fund for anyone using airport facilities or lands. As the Community Care Center is leasing from the City and were not , able to pay the "Fair Market Value", it was necessary to prepare Ordinance ; No. 288-76 to show this transaction. I E _i KEW CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 r PAGE 6 MOTION: '11 Councilman Morgan moved, seconded by Councilman Sweet, for the introduction of Ordinance No. 288-76, amending the 1975-76 budget for the Airport Land Fund, Airport Maintenance and Operation Fund and the General Fund. Motion passed by roll call vote. Voting yes; Morgan, Ackerly, Sweet and Elson. Voting no; Hudson and Ambartan. G-3: Ordinance No. 289-76 - Protection of Water Resources Mayor Elson read the ordinance ... "An ordinance protecting the water supply and watershed of the City of Kenai, Alaska, and providing for enforcement of the ordinance outside the City limits. Whereas, AS 29.48.037 allows a City to adopt ordinances protecting its watershed and to enforce such ordinances outside Its City limits, and Whereas, the City of Kenai derives its principal water supply $-om the Beaver Creek aquifer northeast of the City, and Whereas, it is in the public interest to adopt an ordinance protecting such aquifer. Now, Therefore be it ordained by the Council of the City of Kenai, Alaska that: Section 1. It shall be unlawful for any person or other entity to dig, build, drive, drill or in any manner construct a well or otherwsie late water from beneath the surface in the following described territory without the prior written consent of the City of Kenai: T6N, R10W, T7N, RIOW; portion of TON, RUW; portion of T7N, RUW; and portion of T6N, ROW; and portion of T7N, R9W, Seward Meridian. Consent shall not be given unless the Council of the City of Kenai has approved such .4,r r , r lation . They shall not approve the appropriation If it is likely to have a substantial detrimental effect on the City's Water supply. Section 2. Any person or entity violating the provisions of Section 1 shall be subject to a civil penalty of $300 for each offense. Fach and every day such offense continues shall be deemed a separate violation. In addition, the City may enjoin the violator from any further appropriation." Mr. Lynn stated that this ordinance would enable the City to protect its water resources in the Beaver Creek aquifer. Because of the growth in the area, it is dire that this supply is not depleted in the future. Mayor Elson stated that with regard to AS 29.48.37 (b) "a municipality may adopt ordinances to protect its water supply and watershed and may enforce them outside its boundaries. Before this power may be exercised within the boundaries of another municipality, the approval of that municipality must be given by ordinance. This section applies to general law and home rule municipalities (0 2 ch US SLA 1972)". Mayor Elson further stated that this is the reason why we have prepared a resolution which will be presented to the Borough requesting them to pass an ordinance stating that they have no objection. I _— -- .e KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 7 Councilman Ambarian asked Administration if they would prepare a better map showing the area in question. Councilman Morgan inquired if there was any private land involved? Mr. Lynn advised that it was all State or Federally owned land. Councilman Sweet asked how the boundaries were established a^d Mr. Lynn advised that the USES had developed the boundaries and the City had used their guidelines. Mayor Elson advised that the proper order would be to introduce the Ordinance and request that before it comes before Council at a public hearing that Administration prepare proper maps, obtain reports from the USGS, etc. and provide them to the Council for their review prior to the meeting. MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, for the introduction of Ordinance 289-76, An ordinance protecting the water supply and watershed of the City of Kenai, Alaska, and providing for enforcement of the ordinance outside the City limits. Motion passed unanimously by roll call vote. G-4: Resolution No. 76-8 - Establishing Depositories and Authorized Slanatures Mayor Elson read the following: "A resolution establishing depositories for municipal funds and establishing the authorized signatures for depositories or withdrawing of funds from said depositories. Whereas, it is desirable to add the name of the Acting Finance Director to the authorized signatures . Now, Therefore, be it resolved by the Council of the City of Kenai, Alaska, that: the Alaska State Bank, Kenai Branch and/or National Bank of Alaska, Kenai Branch, and/or First Federal Savings Bank, be designated as official depositories of municipal funds, and; two of the following officials of the City of Kenai will be required as signators an the various accounts of the City, and one of which must be the City Manager's or the Acting Finance Directors. Roland D. Lynn, City Manager; Susan Cartwright, Acting Finance Director; and 'Lillian Hakkinen, Accountant. The Standard Bank Corporate Resolution be authorized (and is hereby made a part of this resolution) ." Mr. Lynn advised Council that the main change will be including Susan Cartwright until such time a new Finance Director has been selected. It is mandatory that the City have three authorized signatures. i MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for the „J of Resolution No. 76-8, Establishing depositories for municipal lands and establishing the authorized signatures for depositories or withdrawing I of funds from said depositories. -- -� Motion passed unanimously by roll call vote. I= •P 1~ li } -II III II _ I -•hl l i . _ ____ -_'_ KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 8 1 G-5: Lease of City owned lands - Peninsula Oilers Mr. Lynn stated that Administration had drawn up the lease and both the City and the Peninsula Oilers had reviewed it -- certain changes made and incorporated and the Oilers feel that the lease as presented is acceptable, however, Mr. Lynn noted that Attachment A had been inadvertently omitted from the lease. This Attachment A included the development plan that should be part of the lea". MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, that the matter of the lease of City owned lands for the Peninsula Oilers be tabled until the next regular meeting of the Council and that Attachment A be forwarded to the Council for their review prior to the meeting so that it will be taken into consideration with the lease. Motion passed unanimously. G4: dam FBI School Contract Mr. Lynn advised that this had been a situation which had gone unresolved for some time and both Mr. Pegram and the City would like to reach some ,.� conclusion on the matter. Mr. Pegram enrolled in a three month course of study at the FBI Academy beginning September 8, 1974 and the City agreed to continue to pay him his regular monthly salary for this three month period. Mr. Pegram agreed to continue in his employment with the City of Kenai for a term of at least two years unless such employment was cooper terminated by the City. If Mr. Pegram left the City before the two year period he agreed to reimburse the City for all or part of his salary per the following schedule: 100$ - less than 6 months; 75% - six months but less than 12 months; 50% -12 months but less than 18 months; 25% -18 months but less than 24 months; and O$ - 2 years or over. Mr. Pegram terminated employment with the City of Kenai on April 18, 1975. In accordance with the contract between the City and Mr. Pegram dated September 6, 1974, Mr. Pegram owes the City 75% of the salary paid to him for the months of September, October and November, - 1974 - #4,189.50. According to City records, Mr. Pegram accrued annual leave at the rate of 14 hours for the first two years and 16 hours thereafter until his Y resignation. At the time of his resignation. Mr. Pegram had accumulated 215 hours of leave time, therefore, the City owes him the following amount: $2,408. Mr. Pegram believes that in accordance with an agreement he had with Mr. Glotfelty, former City Manager, that he should have accrued leave at the rate of 20 hours per month as Mr.Glotfelly had advised hiin that he would receive 30 leave days per year. Computed at this rate, the City would owe Mr. Pegram 409 hours accrued leave at his salary rate at the time of his resignation would amount to $4,580.80. The difference between the amounts which Mr. Pegram J owes the City and the amounts which the City owes Mr. Pegram would be as follows: If leave is computed at 14 and 16 hours, Mr. Pegram owes $1,781,50. If leave is computed at 20 hours, City owes Mr. Pegram $391.30. LON W - _ — s - — - --""_ - � - s - — �- tea= 'r � —.-► -� -r - F III VIII I�'=i� ,� ..��il�l/ •� .i . i. T- -. .�.��i/ RENAL CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 9 City Attorney, Janis Williams, advised the Council that the Personnel Regulations were unclear as to the definition and reference made to the employee and department head. It does imply, therefore, that the department head woes not come under the : eft-Atio•.. of a ployee. Councilman Sweet asked what the present policy of department heads accruing leave - is it 14 and 16 hours? Miss Williams advised that the present practice is that the City Manager and all department heads are under the present Personnel Rules that entitle them to accrue at 14 and 16 hours per month. Councilman Hudson asked that Mr. Pegram speak before the Council and advise what he feels would be a fair and equitable resolution to this matter. Mr. Pegram stated that when he was hired, Mr. Qlotfelty had advised that he would receive 30 days leave per year. This was a verbal commitment but Mr. Pegram stated in his opinion he felt the City should honor this agreement made by the former City Manager. Mr. Pegram further stated he felt an equitable settlement would be the $391.30. Mayor Elson asked if during his employment, did Mr. Pegram know of any other employees receiving the 30 days leave per year and Mr. Pegram stated that he had contacted former Chief Wiseeerver and Mr. Wisecarver was under the impression that he too received 30 days/year. Councilman Hudson asked if Mr. Pegram would consider a "straight across swap with zero as the bottom figure?" Mr. Pegram advised that at this time he could not accept this type of ,settlement. Mr. Lynn advised that Marshall Mahurin would verify that he heard the statement from Mr. Qlotfelty concerning the fact that Mr. Pegram was receiving 30 leave days per year. City Attorney Williams stated that perhaps it should be taken into consideration H Mr. Pegram is paying back money for time (percentage of salary to be reim- bursed to the City) would Yr. Pegram also be accruing annual leave during this time (salary) that is to be reimbursed to the City? Councilman Morgan inquired if the City Manager could arbitrarily set leave? Mr. Lynn advised it is implied that he could because of they way the Personnel Manual to written. Mayor Elson directed the City Attorney to recalculate the figures finking into consideration both the annual leave accrual and the salary. Miss Williams advised that if figured in this way, Mr. Pegram now owes the City of Kenai $100. Mayor Eisen asked if Mr. Pegram would reconsider based on the new calculation that he owes the City #100? Mr. Pegram stated that due to the fact he has to return to work on the North Slope this weekend, he would reconsider and would agree that the matter was settled and no further monies were owing. Therefore, the City of Kenai did not owe Mr. Pegram and Mr. Pegram did not owe the City of Kenai. i� r j ! Al _ - _ — s - — - --""_ - � - s - — �- tea= 'r � —.-► -� -r - F III VIII I�'=i� ,� ..��il�l/ •� .i . i. T- -. .�.��i/ RENAL CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 9 City Attorney, Janis Williams, advised the Council that the Personnel Regulations were unclear as to the definition and reference made to the employee and department head. It does imply, therefore, that the department head woes not come under the : eft-Atio•.. of a ployee. Councilman Sweet asked what the present policy of department heads accruing leave - is it 14 and 16 hours? Miss Williams advised that the present practice is that the City Manager and all department heads are under the present Personnel Rules that entitle them to accrue at 14 and 16 hours per month. Councilman Hudson asked that Mr. Pegram speak before the Council and advise what he feels would be a fair and equitable resolution to this matter. Mr. Pegram stated that when he was hired, Mr. Qlotfelty had advised that he would receive 30 days leave per year. This was a verbal commitment but Mr. Pegram stated in his opinion he felt the City should honor this agreement made by the former City Manager. Mr. Pegram further stated he felt an equitable settlement would be the $391.30. Mayor Elson asked if during his employment, did Mr. Pegram know of any other employees receiving the 30 days leave per year and Mr. Pegram stated that he had contacted former Chief Wiseeerver and Mr. Wisecarver was under the impression that he too received 30 days/year. Councilman Hudson asked if Mr. Pegram would consider a "straight across swap with zero as the bottom figure?" Mr. Pegram advised that at this time he could not accept this type of ,settlement. Mr. Lynn advised that Marshall Mahurin would verify that he heard the statement from Mr. Qlotfelty concerning the fact that Mr. Pegram was receiving 30 leave days per year. City Attorney Williams stated that perhaps it should be taken into consideration H Mr. Pegram is paying back money for time (percentage of salary to be reim- bursed to the City) would Yr. Pegram also be accruing annual leave during this time (salary) that is to be reimbursed to the City? Councilman Morgan inquired if the City Manager could arbitrarily set leave? Mr. Lynn advised it is implied that he could because of they way the Personnel Manual to written. Mayor Elson directed the City Attorney to recalculate the figures finking into consideration both the annual leave accrual and the salary. Miss Williams advised that if figured in this way, Mr. Pegram now owes the City of Kenai $100. Mayor Eisen asked if Mr. Pegram would reconsider based on the new calculation that he owes the City #100? Mr. Pegram stated that due to the fact he has to return to work on the North Slope this weekend, he would reconsider and would agree that the matter was settled and no further monies were owing. Therefore, the City of Kenai did not owe Mr. Pegram and Mr. Pegram did not owe the City of Kenai. r ' J KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 10 ^ MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, that the City of Kenai consider the written terms of the agreement with Mr. Pegram dated - . - Sept6mrber 6. 19?4, ftwnl/ed as the ogre neat has be -Cu saLsned and that Mr. Pegram's claim for leave is paid in full subject to the signing of the mutual release by both the City of Kenai and Mr. Pegram as drawn up by the City Attorney. Motion passed unanimously by roll call vote. 0-7: Extension of date/development plan - Soapy Beaver Car Wash Mr. Lynn advised the Council that at the signing of the lease on July 1, 1975, Mr. Britt, in his development plan, stated that a 38' x 28' concrete block building would be set up within three to six months following signing the lease. The time limit for the proposed developments expired January 1, 1976, and as no developments have been made on the property, Mr. Britt is asking for an extension for construction until August 1, 1976, a seven month period. Mayor Elson, with consent of Council, permitted Mr. Britt to speak before the Council.- Mr. Britt advised that he had stopped all plans for development when he received a call from a bank in Anchorage who was interested in his property. Mr. Britt then entered into negotiations for them to take over his lease. However, he recently received a call from the First National Bank advising that they were no longer interested in Mr. Britt's property and, therefore, Mr. Britt was once again interested in resuming his development plan for the car wash. Councilman Hudson advised Mr. Britt that it has been the position of Council not to approve the sublease or consent of assignment of lease on any City owned leased raw land. Also, it was not the policy of the City to allow speculation by the Lessee. Councilman Morgan asked for an explanation of the bank's interest in City lands from Administration. Mr. Lynn advised that the First National Bank had approached the City looking for a suitable location on which to build a branch office in the area. The City did, at this time, advise representatives from the bank, the availability of certain lands that could be leased. MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, that the City allow Robert Britt d/b/a Soapy Beaver Car Wash to extend the date of development plan until June 30, 1976, with no renewals unless development plan is implemented and authority is hereby extended to Administration to draft an amendment to the development plan to be signed by City Administration and Mr. Britt. Councilman Ambarian advised that he would abstain from voting as he had done consulting work for Mr. Britt with regard to the development plan of the ear wash. Motion passed unanimously by roll call vote with Councilman Ambarian abstaining. 0 1 ohm -KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 11 1 (i-8: Bid Tabulation - Tires and wheels for City Dumv Trucks Mr. Lynn advised that the bids had just been received and the tabulation made late t 'h a afternoon. Ad..-nihnisaft-ibor: did recc.;armiad tfunt Council accept the bid from the American Tire Warehouse on the tires only in the amount of $4,569.68. MOTION: ' Councilman Ambarian moved, seconded by Councilman Sweet, that Council approve the bid as submitted by American Tire Warehouse for their bid on I tires only in the amount of $4,569.68. Motion passed unanimously by roll call vote. H. REPORTS 8-b C_Rer's Report (a) Mr. Lynn reported that he had received a telephone call in the afternoon from the ISO office and they advised that the City had been granted the 8 Fire Rating for the outlying areas. The effective date would be February 21st. Mr. Lynn will receive written notification which will outline the enact areas which will be affected. (b) The City received word from the State Division of Aviation that the State would make available to the City of Renal funds for a planning grant on the shport. The FAA wiU fund 75%, State 15% and the City will pick up 10%. Mr. Lynn requested that Council meet with the Planning a Zoning Commission Wednesday evening, February 25th, at 7:30 p.m., in the Public Safety Building to review the Airport Comprehensive Planning study. (c) Warm Storage Facility - the contractor to working on the facility and will be hanging the doors this week. Councilman Morgan asked if the City had a contract on the construction of the warm storage facility and Mr. Lynn advised that there was not. Mr. Aber, Public Works Director, explained that in a job such as this one two different parties were involved, one party for the actual construction of the building and one party for purchase of the building. A contract would require bonding which would be prohibitive in cost. Therefore, this alone would probably double the cost of the project. Mr. Aber further advised that he has discussed the situation with the City Attorney and they are working on a simple agreement (escrow, etc.) that can be utilized for projects of this stature. - - -� ..- -_-_ -- ..i ...1. �.c..-..�+i.y, .. . .. . ... irvaa - - . r- -_ ...-�--., i ♦ v. -- __ .�. -err ��". � - - u _ -� �.. ni til � � iiwiiim�ll II I I ��L`+..�� °�• � _ -- - ' RENAL CITY COUNCM. REGULAR COUNCIL MEETING, FEBRUARY 18, 1976 PAGE 12 Councilman Morgan asked what type of building the City was getting construction -wise and was advised by Mr. Aber that some of the construction will have to be re -done but once this is accomplished the City will have an acceptable building. Councilman Morgan also inquired if the present - contractor were licensed and Mr. Aber stated he would check on this and report back at the next meeting. (d) Mr. Lynn advised that the City would have the budget calendar out by Friday. Administration to hopeful to have the budgdt adopted by the first part of May this year. (e) Citizen Complaint report revolves around snow removal and animal control complaints. Councilman Ambarien asked Administration what the final plans are for animal control. Mr. Lynn advised the City was sponsoring a rabies clinic on February 19th and 20th. At this time, the City has no facilities for holding animals impounded, etc. Councilman Ambarian f of program using stated in his opinion a date should be set or some tape p gram g the funds budgeted and those citizens calling in should be given some type of date that this program will be implemented. H-2: City Attorney's Report Miss Williams advised the Council that she had investigated Senate Bill 539 and found that 10% of the tax collected from fish processors in the City was remitted to the City (this is a 3% tax to the processor) . Councilman Morgan directed the City Attorney to prepare a resolution opposing the new legislation. H-3: Mayor's Report Mayor Elson reported to the Council that he had contacted Mr. Galliett, Engineer for the water project. and encouraged him to get the project underway Mayor Elson advised that he had traveled to Juneau and attended OCS meetings and also attended the hearing on the Cook Inlet land swap. Also visited the office of the Commissioner of Community and Regional Affairs and reviewed the print-out as to actual revenue sharing. Total dollar figure a little more than last year -- Kenai shows it will be receiving the some as last year. With regard to Coastal Zone Management, it appears close to the present bill. However, planning recommended wording stronger in that local government has zoning authority. OCS - Governor quite likely to file against the Federal Government to postpone sale for a couple of years. On local level, the Mayor advised that he had meetings on OCS planning money and there will be approximately $300,000 this year for planning for the anticipated communities that will be impacted. Mayor Elson also met with Mr. Richard Engen, State Director of Libraries, who advised that they have not received any bilis from the City for the construction of our library. The Mayor directed the Finance Department to proceed with the proper paperwork. KENAI CITY COUNCIL. REGULAR MEETING, FEBRUARY 18, 1976 PAGE 13 ,.� Mayor Elson also advised that Kenai will be the site of the next meeting of the Municipal League Board of Directors. This meeting will be held August 6th and 7th at the Sheffield House. Mayor Elson reported further on various bills before the Legislature and of his meetings with Senator TMIon and Representative Malone. Mayor Elson learned that bills are before the Legigature for 50% State funding for water/sewer construction. B-4: City Clerk's Report None 9-5: Finance Director's Report None B-6: Planning a Zoning Commission's Report Councilman Ambarian reported that at the last meeting of the Commission, a joint public hearing was held with the Borough Planning Commission. Before both commissions was an application for zoning change at the corner of Forest -� Drive and Redoubt Boulevard. Kenai Planning Commission voted unanimously against the granting of the zoning change. The Kenai Peninsula Borough Commission also voted against the zoning change. Also before both Planning Commissions was the matter of the extraction of natural resources. Both Kenai Planning Commission and the Borough Planning Commission voted unanimously for approval. 111-7: Kenai Peninsula Borough Assembly's Report Councilman Hudson reported that Ordinance 76-1 concerning rezoning in Seward was postponed. Ord. 76-9, making supplemental .,•L & .,!Ation of $240,000 to capital projects from the Federal Revenue Sharing Trust Fund for construction on Borough Office Building passed for Introduction. Ord. 76-10 providing for selection by Assembly of an acting assembly member to fill a vacancy for areas outside of first class cities passed set for hearing. Ord. 76-12, regarding the new Seward High School passed for hearing. -= Mr. Red Smith made a public presentation in which he chastised the Borough for not opposing strongly enough the action on the Harding Ice Fields -- Mr. Smith protested the government "locking it up". The School Board - budget was presented. Other business presented included two resolutions, one expressing continuing opposition of the Kenai Peninsula Borough to the ---- Harding Ice Field/Kenai Fjords National Monument Proposal (DES 73-86 - - and Res. 78-6, authorizing expenditures from the Capital Projects Fund to _ Proceed with the architectural design and related costs through the construction phase for the renovation of the 1950 building and the 1956 building of Homer f Schools. i c - s. �" �• r C� i i I - - I 1 I I Ill 11■ i i.• — ��. ... ` l ..I I , ad - �. __ ..-« �.-_ . �„�.�--._ _" I I II III I I KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 14 I Mr. Ben Delahay submitted his resignation as Borough Attorney to the Assembly. 1 I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I -L Mr. Phillip Aber, Public Works Director Mr. Aber spoke in regard to the proposed construction of Forest Drive which the State Highway Department will begin this spring -- 31yr. Aber reported that the sewer line that parallels Forest Drive does not pose much problem, however, the water line to another problem. The water main runs down the center of the road to the Sears Elementary School. At this point it becomes a distribution to Woodland S/D . In Mr. Aber's personal opinion, the lines are much too small and new lines should be installed. Estimated cost of the project would be $50-80, 000. Councilman Hudson asked H it were possible for the Public Works Department to draw up the exact needs and present the report to Council. Councilman Ambarian suggested that It might be less costly to have , the contractor doing the road work for the Highway Department do the construction for the City at the same time. Mr. Aber agreed with Councilman Ambarian, however, there was a question as to where the funds would be derived from for this project. -11 /Public Works/Finance will submit a report to the Council regarding this situation. r I-2: Mrs. Ruby Coyle Mrs. Coyle inquired as to the status of the sheet naming and house numbering , project that was started some time ago? Mr. Lynn advised that the Fire Department to presently bringing the project up-to-date. I-8: Mr. Arthur Evans Mr. Evans requested Council immediate reconsideration on item F-1, Council selection of a new Council member. Mr. Evans stated that in his opinion he did not feel the City government is functioning to its fullest capacity with one person short on the Council. Mr. Evans further stated that this matter had been • tabled for the last three months and there appeared to be a split with each vote and there is two factions which vote the same each time. Mr. Evans suggested that these two factions sit down and make out a list of names they both feel suitable. Upon completion of the fiats, compare the two and match up names that both sides feel they can agree upon and select from there. Council was in unanimous concurrence not to reconsider the matter at this time. There being no further business of the Kenai City Council, Mayor Elson adjourned the meeting at 10: 45 p.m. Respectfully miffed, e C. Peter, City Clerk r f _ ti CITY OF KBNAI, ALASKA - RESOLUTION NO. 76-9 1 A RESOLUTION REQUESTING THAT THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH PASS AN ORDINANCE APPROVING ORDINANCE NO. 289-76 OF THE CITY OF KENAI, ALASKA. WHEREAS, the Council of the City of Kenai expects to pass Ordinance No. 289-70, a copy of which is attached hereto, at their meeting of March 3.1970, and WIEREAS, AS 29,48.087 states that before the power asserted in Ordinance 289-70 may be exercised by the City of Kenai, within the boundaries of the Kenai Peninsula Borough, the approval of the Kenai peninsula Borough Assembly must be given by ordinance. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the Assembly of the Kenai Peninsula Borough is hereby requested to pass an ordinance approving Ordinance No. 289-76 of the City of Kenai, Alaska. Passed this day of 11976. CITY OF KENAI, ALASKA JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Cleric 1 '. Ill Nil 1 1 1 •111,1,' . .�.-_ I iii i n • . - ... - - ..--. .�. ..-r -- - .,•. -, ... - r-.. r-....c-�. r -- _ _ ... _ _ _.�.:a� j t - The following are disbursements over 1 1 $500.00 which need _ i Council approvals March 3rd, 1976 _u^ VZMQg AMOUNT P. O. # D35MPTZON N.C. Machinery 1,186.78 Shop Supplies Xerox Corp. 2,690.17 Nov., Dec., Jan. Billing I 1 � • III i , 11 Items to be ratified American Tire Warehouse 3,423.64 Tires (approved 2/18/76) I Seagraves N B of A 3,446.65, Fire Truck Seattle Trust 34,187.00 1964 Water & Sewer (67 6 P 0) j Ooyles Fuel 1,099.35 ' P.E.R.S. 8,566.15 i-- - Nat'l Bank of Alaska 11,474.00 i Fed. Withholding Taxes Travelers 4,601.18 P. ' Credit Union 3,170.53 Nat'l Bank of Alaska 190,000.00 Purchase of TO 1 r - K CITY OF KENAI ORDINANCE NO. 290-76 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTUgG THE 1976 KENAI MUNICIPAL AIRPORT REGULATIONS WHEREAS, these regulations will serve as the regulator power for the Airport Manager or his designated representative, and WHEREAS, prior regulations were adopted by the Airport Advisory Commission surd have since become outdated, and WEEWAS, these regulations, as amended, are a necessary tool in the proper msaagement'of the Kenai Municipal Airport. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the 1976 Kenai Municipal Airport Regulations are hereby adopted as the regulatory authority in the management of the Kenai Municipal Airport. Dated this day d ,1976. CITY OF RENAI, ALASKA JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk FIRST READING: SECOND READING: EFFECTIVE DATE: m CITY OF KENAI AIRPORT REGULATIONS Under the authority granted in 29.48.030, (1972) Alaska Statutes, and pursuant to the provisions of Ordinance 48, Section Four, of the Code of Ordinances of the City of Kenai, the following Regulations are hereby promulgated governing the conduct of all persons visiting or using the facilities of the Kenai Airport and all vehicles, structures, property and aircraft on the premises.' The penalty for violation of any Airport Regulations shall be as prescribed in the Kenai Code of Ordinances, unless otherwise provided herein. These Regulations also overn the conduct of all persons flying within a five (S mile radius of the Kenai Airport unless exceptions are specifically provided in the Federal Aviation Agency Regulations, or unless exceptions not in conflict with the Federal Regulations, are authorized by•the Airport Manager. 1.000 DEFINITIONS AIRCRAFT signifies any contrivance now known, or hereafter designed, invented, or used for navigation or flight in the air, except parachutes and other contrivances used primarily as safety equipment. AIRPORT MANAGER refers to the official to whom the City Manager of the City of Kenai has delegated the responsibility of managing and directing the activities of the Municipal Airport, and who is accountable to the City Manager for the performance of his duties. AVIATION OPERATOR refers to any person or organization engaged in business of an aviation nature having authority to conduct such business at the Municipal Airport by virtue of a contract or lease with the City of Kenai. CITY shall mean the City of Kenai, Alaska. CITY MANAGER refers to the official to whom the Kenai City Council has delegated the responsibility of managing and directing all activities of the City of Kenai. EMPLOYEE refers to any person employed by the City of Kenai and acting under the supervision and direction of the Airport Manager. FIELD AREA is that area within the boundaries of the Kenai Municipal Airport designated for use by aircraft only, including aircraft parking areas, Airport land which is posted or fenced, all being within the official boundaries of the Municipal Airport and designated by the Airport Manager as the Field Area. FIRE DEPARTMENT refers to any employee of the City of Kenai Fire Department or their representatives as authorized by the Department Chief or the Airport Manager. FUEL TENDER refers to any vehicle used for the transporting, handling or dispensing of gasoline, kerosene, oil or other fuel or lubricant. MOTOR VEHICLE refers to any self-propelled vehicle, not including aircraft, which may be used as a mode of transportation. MOBILE EQUIPMENT refers to any vehicle, equipment or device which is not self-propelled and excludes any aircraft. MOVEMENT AREA refers to that area of the Kenai Municipal J Airport controlled by the Federal Aviation Agency Control Tower, and which includes any approachways, runways and taxiways. 1 a I KENAI MUNICIPAL AIRPORT is the name given to the airfield of the City of Kenai and is hereafter referred to as the AIRPORT. f - NOTAM signifies an abbreviation for "Notice to Airmen", ` published and distributed to pilots and others concerned with aeronautical operations calling attention to special airport or flying restrictions or conditions. PERSON refers to any individual, firm, partnership, corporation, j company, association, joint stock association or body politick and includes any trustee, receiver or assigned representative thereof who will be responsible to adhere to any restrictions, limitations or rights covered within these regulations. F POLICE refers to any employee or authorized agent of the City ! of Kenai Police Department or any authorized agent or represen- tative of any State or Federal Police Department or organization maintaining or regulating police enforcement powers. PUBLIC AREA refers to that space within the boundaries of the Kenai Municipal Airport devoted to roadways, walkways, designated parking or service areas of airport structures, including both municipal and lessee buildings, and that area occupied and used by airport concessions serving the public. 2.000 AIRPORT MANAGER AUTHORITY AND RESPONSIBILITY 2.010 Compliance with these Regulations will be enforced by the Airport Manager or his authorized representative, as the person employed and authorized by the City of Kenai to manage and supervise the operation of the Kenai Municipal Airport. All persons on any part of the property comprising the Airport shall be governed by the regulations prescribed herein and by orders and instructions appertaining thereto issued by the Airport Manager. 2.020 In the event of any contingencies not specifically covered by these Regulations, the decision of the Airport Manager shall be final, subject to appeal to the City Manager. 2.030 In addition to members of the Police and Fire Departments, the Airport Manager is authorized to require compliance with these Regguulations. No authority is either hereby expressed or implied, however, that would permit any individual or agency other than the City to change, amend, or mitigate these Regulations. - 2.040 The Airport Manager may remove or eject from the Airport premises any person who knowingly and willfully violates any Regulation set forth in this document or any order o. I i I i i or instructions issued by the Airport Manager under the authority of these Regulations, and he may deny use of the Airport and its facilities to any such person if he determines that such denial is necessary under the circumstances. 3.000 AERONAUTICAL ACTIVITIES 3.010 Aeronautical activities at the Airport, and all flying of aircraft departing from or arriving in the airspace above the Airport shall be conducted in conformity with current provisions of the Federal Aviation Agency Regulations and orders issued by the • Regional Director or Facility Chief at the Kenai Airport not in conflict with said regulations. ---- 3.020 In the event that any person shall show intent to board and/or operate an aircraft while he is physically incapacitated or mentally irresponsible by virtue of intoxication or the effects of drugs, or if any person shall attempt to board or operate an aircraft illegally, it shall be the duty of the Airport Manager, Airport ; employees and Aviation Operators to restrain in any manner necessary such person from performing such activities. I 3.030 In the event any person commits an act contrary to _ these Regulations and such act is witnessed by a Flight Service Specialist or Flight Controller Technician, it shall be the duty and privilege of the Facility Chief or Flight Service Specialist, or other person witnessing I the transgression, to report such act to the Airport F; Manager immediately for prompt punitive action. r, i' 3.040 Special notices of items of interest to persons engaged in business with the City in respect to the Municipal - Airport shall be issued under the authority of this i section at such time and in such a manner as the Airport -; Manager deems necessary. 3.050 In the event the Airport Manager believes the conditions f of the Airport to be unsafe for landing or take -off, it shall be within his authority to issue a NOTAM closing the Airport. When the Field is again usable the Manager will issue another NOTAM to that effect. i 3.060 All disabled aircraft and parts thereof on the Airport runway and taxiways shall be promptly removed from the Airport by the owners unless such removal is required or - directed to be delayed pending investigation of an accident. i i 1 _ t 4.000 VEHICLE OPERATION AND REGULATIONS ' 4.010 Aleperson shall operate anv motor vehicle on the Airport otherwise than in accordance with the rules prescribed by the Airport Manager and other applicable laws for the control of such vehicles. 4.020 No person shall operate any motor vehicle in areas designated for the use of aircraft without having first obtained approval from the Airport Manager's office. i 4.030 No person shall operate motorized equipment of any kind on the Airport unless possessed of a valid operator's license. 4.040 No person shall operate a motor scooter, truck or I other motor vehicle in any hangar on the Airport without exhausts protected by screens or baffles, to prevent the escape of sparks or the propagation of flames. i 4.050 No person shall operate a motor vehicle of any kind on , the field area in a reckless manner or in excess of the speed limits prescribed by posted signs. Speed limits shall not exceed 2S miles per hour, except j that the speed limit shall not exceed 1S miles per 1 , hour in the ramp, apron, aircraft parking and hangar areas. ; 4.060 No person shall operate a motor vehicle in the field area contrary to the directions of posted signs, except j in extreme emergency. 4.070 No person under the influence of intoxicating liquor, depressant, hallucinogenic, stimulant or narcotic drugs, J shall operate a motor vehicle on the Airport roads or i field area. s t' 4.080 The driver of any vehicle operated in the field area must at all times comply with lawful order, signals or directive of an authorized representative of the s 3 Airport, City Police Department or FAA Control Tower. 4.090 During daylight hours all vehicles, which for one reason or another, are authorized to operate on the -� Field without two-way radio shall be either painted ;.� chrome yellow or display a checkered flag not less than two feet square of international orange and white, with checks at least eight inches square. Between the hours of sunset and sunrise such vehicles shall display an overhead flashing red light, which shall be visible from all directions and of sufficient brilliance to be seen -- under clear weather for a distance of at least one mile with the naked eye. ,1 7 . E --. 4.100 Emergency conditions existing on the field area will not suspend or cancel any existing Regulations. During such conditions, the driver of every vehicle should. make certain that he does not move his vehicle in any direction unless specifically cleared by the FAA Control Tower. 4.110 All motor vehicles shall be equipped with, and use headlamps, rear lamps, stop signal lamps, and other lights as required in the City of Kenai Traffic Code. 4.120 No person shall clean vehicles, engines, tools, etc., by use of inflammable material, or repair motor vehicles anywhere in the field area other than in designated areas, except those minor repairs necessary to remove such vehicle from the Airport, nor shall any person move, interfere, ortamper with any motor vehicle part, instrument, or tool thereof, without the permission of the owner, or satisfactory evidence of the right to do so duly presented to the Airport Manager. 4.130 The Airport Manager is authorized to tow or otherwise move vehicles which are parked by their owners or operators on the Airport in violation of the Regulations of the Airport. The Airport Manager shall have the J authority to make a charge against the owner or operator of such vehicle for such towing or moving service, and the motor vehicle so towed or moved shall be subject to lien for such charge. 4.140 Any vehicle without radio that has been permitted to operate on the field will not proceed closer than 7S feet from the edge of the runway, nor cross any runway, prior to being cleared by the FAA -Control Tower. 4.1S0 No vehicle shall be operated on the Airport if it is so constructed, equipped, or loaded as to endanger persons or property. 4.160 All fuel trucks or tenders shall be positively grounded during all times they are being used to service aircraft or a fueling facility. 5.000 PARKING 5.010 No person shall park a motor vehicle in the field area other than in the areas specifically established for parking by the Airport Manager or Aviation Operators, and in manner prescribed. No person shall park any - motor vehicle in excess of time limit prescribed for the particular parking area, nor shall any persons park any motor vehicle in any area requiring payment for parking thereon without paying the required parking fee. 1 5.020 No person shall park an aircraft in any area on the Airport other than that prescribed by the Airport Manager. Aircraft in violation will be impounded. The moving of aircraft for impoundment purposes, or other reason in the public interest, may be performed by Airport employees. Inconvenience or damage that may result from such movement will be at the risk of the owner. 5.030 All aircraft owners parking aircraft in an area designated ' by the Airport Manager shall register their aircraft with the Airport Manager. 5.040 Transient aircraft under 10,000 pounds shall park at the tail tie -downs on the south terminal ramp apron and aircraft exceeding 10,000 pounds shall park on the north terminal ramp, off the VOR Checkpoint. - = I 6.000 AIRCRAFT REGISTRATION 6.010 New arrivals to the Kenai Municipal Airport shall register their aircraft not more than five days after their arrival at the airfield. q I 6.020 Aircraft owners failing to register their aircraft with the Airport Manager within the five day period will be = charged with improper parking of the aircraft. 6.030 Aircraft owners who fail to notify the Airport Manager of the removal of their aircraft from the Airport parking areas will be charged as if the aircraft were still there. 6.040 All commercial operators of aircraft operating from the ! Kenai Municipal Airport shall register each aircraft with the Airport Manager. Such registration may be by mail `w and must show the aircraft take -off weight, along with the name of the registered owner and his/her correct address. Such notice shall be given before such commercial opera- { tions shall commence operation. 7.000 ACCIDENTS E.d7.010 Persons involved in aircraft accidents involving personal injury, or property damage in excess of $100.00 occurring on the Airport shall make a full report thereof to the Airport Manager's office and to the Federal Aviation Agency as soon after the accident as possible. Said report shall �. include names and addresses of persons involved and of any _ < witnesses. .Y V 7.020 Any person damaging any light, fixture, or other Airport property by means of contact with an aircraft or any other means, shall report such damage to the Airport Manager's office or Flight Service Station personnel immediately and shall be fully responsible for any costs required to repair the damage or replace the damaged item. FAA Control Tower personnel will report any incident of damages upon the failure of an aircraft operator to do so. 8.000 AIRCRAFT OPERATION 8.010 Aircraft shall not be warmed up or run in prolonged engine test operations in any area that would result in a hazard to other aircraft, persons, or property. Under no circum- stances shall prolonged engine test operations be permitted without either a competent operator at the controls, or the aircraft securely tied down at both wings and tail, with barricade around the entire perimeter of the propeller area. 8.020 All aircraft operating on the Kenai Municipal Airport must bear current airworthiness certificates issued by the ! Federal Aviation Administration. ; 8.030 No aircraft shall be operated on the Airport regularly unless — it is equipped with tail or nose wheel,and wheel brakes, or skis when conditions permit, except with the permission of the Airport Manager. 8.040 Instrument approach procedure at Kenai Municipal Airport shall be the procedure as specifically authorized by the f Regional Director, Federal Aviation Agency. ` 8.050 All student pilots, prior to making their first solo flight must have made a visit to the Flight Service Station while traffic is in progress, observing traffic and Flight Service Station procedures. Each student pilot will ask the Flight Service Specialist to make the appropriate entry in his log book to verify compliance with this requirement. 8.060 Airplanes taking off and landing at the Kenai Municipal Airport will follow the rules and regulations established by the Federal Aviation Administration. 8.070 Airplane taxiing shall conform to the attached taxiing diagram. 8.071 Taxiing shall be done straight down the runway, after touchdown and aircraft shall turn onto the first exit taxiway. 8.072 Turns of 180 degrees on the runway are expressly prohibited except by FAA Control Tower approval. I -- 8.080 All helicopters carrying sling loads must fly a course away from areas congested with aircraft and buildings, with prior approval and direction. from FAA Control Tourer. 8.090 Helicopter landings and take -offs at places other than those formally designated for regular and repeated use must be cleared by the Airport Manager or his representative. Emergency operations will be -as directed by FAA personnel. r 8.100 No person, on a regular basis, shall repair an aircraft, aircraft engine, propeller, or other aircraft equipment on Airport property unless he is employed by, or doing business as a fixed base operator on the Airport, nor shall j repairs be made in any area other than that specifically designated for such purpose. ; 9.000 GENERAL 9.010 No person shall, without the permission of the Airport Manager: 9.011 Destroy, injure, deface or distrub in any way, any buildings, signs, equipment, marker or other structure, tree, flower, lawn or other property on the Airport property. 9.012 Alter, make additions to, or erect any building or sign, or make any excavations on the Airport without the consent of the Airport Manager. 9.013 Wilfully abandon any personal organizational property on the Airport. 9.014 Enter the Airport movement area or ramp. 9.020 No person shall interfere with, tamper with, unlawfully remove, or injure any part of the Airport or any of the equipment thereof. 9.030 No person shall knowingly or wilfully make any false statement or report to the Airport Manager or to any Airport employee. 9.040 No person shall interfere or tamper with any aircraft or put in motion the engine of such aircraft, or use any aircraft, aircraft parts, instruments or tools, without permission of the owner or by specific direction of the Airport Manager. 0 19 - ___ - JI 9.050 No person shall enter any restricted area posted as being closed to the public except as may be permitted by these regulations. 9.060 No person shall enter upon the field area except: a. Persons assigned to duty therein. b. Authorized representatives of the Airport and Federal Aviation Agency. c. Persons authorized by the Airport Manager. d. Persons, under appropriate supervision, entering the area for purposes of embarkation and debarkation. 9.070 No person shall engage in any business or commercial activity of any nature whatever on the Airport except with the approval of the Airport Manager, and under such terms and conditions as may be prescribed in the City of Kenai Code of Ordinances. 9.080 No person shall post, distribute or display signs, adver- tisements, circulars or any other printed matter at the Airport except with the approval of the Airport Manager and only in such manner as he may prescribe. 9.090 Noperson shall travel on the Airport other than on the roads, walks or places provided for the particular class of traffic. 9.100 No person shall occupy the roadg or walks in such a manner as to hinder or obstruct their proper use. 9.110 No person shall operate any type of vehicle for the disposal of garbage, ashes or other waste material on the Airport without the approval of the Airport Manager. 9.120 Any person who has been denied the use of the Airport by the Airport Manager shall come upon or use the Airport only while traveling through as a passenger in a taxicab or other vehicle when enplaning or deplaning as a passenger of an aircraft operating on the Airport. 9.130 All shops, garages, equipment and facilities not the property of the City of Kenai are expressly for the conduct of the owners or lessees business operations. No persons other than the owners or lessees or their employees shall make use of these facilities without individual and specific permission of the owners or lestees. j 9.140 Any person who knowingly and wilfully violates any and defueling Regulation prescribed herein, or any order or instruction issued in keeping therewith, shall be guilty of a -- «is3e:�ea^.ar and ::go:: ca. t•4-rtzar. thereof, may be fined f not more than $500.00 or imprisoned for not more than j 30 days, or both, under the authority of the Code of Ordinances, City of Kenai. 9.150 The City of Kenai assumes no responsibility for loss, injury, or damage to persons or property on the Airport, or using Airport facilities by reason of fire, theft, vandalism, wind, flood, snow, earthquake, or collision damage, nor does it assume any responsibility for injury to persons while on the Airport or while using the facilities thereof.: 9.160 These Regulations su ercede and cancel all gu p previous rules -, and regulations set forth by the City or other agency e with respect to the management and operation of the Kenai i Field. s 10.000 FUELING 10.010 No aircraft shall be fueled or defueled while the engine is running, or being warmed by applications of exterior © heat, or while such aircraft is in a hangar or enclosed space. 10.020 No person shall smoke within 50 feet of an aircraft being fueled or defueled. 10.030 No person shall operate any radio transmitter or receiver or switch electrical appliance off or on an aircraft during fueling or defueling. 100040 Persons engaged in the fueling or defueling of aircraft shall make every possible effort to prevent overflow of the fuel. lO.OSO. No person shall use any material during fueling or defueling of aircraft which is likely to cause a spark or be a source of ignition. 10.060 No person shall start an engine of any aircraft when there is any gasoline on the ground under such aircraft. 10.070 Fueling hoses and equipment shall be maintained in a safe, sound and non -leaking condition, 10.080 All fueling and defueling of aircraft shall be conducted at least SO feet from any hangar or other building. 10.090 Aircraft fueling shall be conducted only from approved type pumps or fueling trucks, and only by those authorized by the Airport Manager. No person shall fuel aircraft from barrels, "srums or cans under any coadi%ior, or circumstances. However, the Airport Manager may waive this regulation for dealer or when conditions do not permit fueling at designated areas. 10.100 All persons wishing to install aircraft fueling facilities on the Airport must submit plans and other information on the installation as the Airport Manager may require in order to provide for the safety of the public. All such installations must conform to the fire prevention code of the City of Kenai. 10.110 The wholesale distributor of all aviation fuel shall pay the City a fee of two cents per gallon for all aviation gasoline, one and one-half cents per gallon for all jet' -fuel, and five cents per gallon for all aviation oil delivered outside the City for use on the Kenai Municipal Airport, provided that the above fuels and oils are to be used in any type of aircraft. The fee shall be payed on a regular monthly or quarterly basis by the wholesaler, a list of the bulk gallonage delivered to each individual on forms supplied by the City along with a copy of the invoice for each delivery must be submitted. Exceptions are made to fuels sold to the United States Government Agencies dispensing petroleum for their agencies' use. 11.000 SAFETY AND SANITATION 11.010 No person shall keep or store any inflammable liquids, gases, signal flares or other similar materials in the hangars or in any building on the Airport: PROVIDED that such materials may be kept in aircraft in the proper receptacles installed in the aircraft for such purpose, or in rooms or areas specifically approved for such storage by the Airport Manager, or in Underwriter's Approved Safety Cans. 11.020 No person shall keep or store lubricating or waste oils in or about the hangars: PROVIDED, that such material may be kept in room specifically designated for oil storage; PROVIDED FURTHER, that not more than 12 hours supply of lubricating oil'may be kept in or about a hangar unless in containers or receptacles approved by insurance underwriters. I 11.030 Lessees shall provide suitable receptacles with covers for the storage of waste, rags and other rubbish. Such receptacles shall be metal. All used waste and and rags of other rubbis i shall be removed in aceordaiice with the City Ordinance governing trash and rubbish disposal. 11.040 Except as may be specifically authorized by the Airport Manager, no person shall conduct any open -flame operations in any hangar or on the Airport unless fire extinguishers are close at hand to control any hazard that may arise. k 11.050 No person shall smoke on the Airport, in any hangar or shop, servicing area, gasoline storage area, or in any building, room or place on the Airport where smoking is specifically prohibited by the Fire Chief or the Airport Manager. 11.060 All lessees on the Airport shall keep the hangar apron and ramp areas leased by them respectively, or used in their operations, clean and clear of oil, grease and other materials or trash, except as may be provided to the contrary in any specific lease or contracts. 11.070 No person shall keep uncovered trash containers in any area. No vehicle for hauling trash, dirt or any other I materials shall be operated on the Airport unless such ` J vehicle is constructed so as to prevent -the contents thereof from dropping, shifting or leaking, or otherwise escaping therefrom. No person shall spill dirt or any other materials from vehicles, on the Airport. Areas used for trash or garbage containers shall be kept clean and sanitary at all times. 11.080 No person shall dispose of garbage, papers or refuse or other material on the Airport except in receptacles provided for that purpose, and in confirmation with the City of Kenai Ordinance on garbage and trash removal. 11.090 No tenant or lessee on the Airport shall supply and main- tain such adequate and readily accessible fire extinguishers as are provided by Fire Underwriters for the particular i hazard involved, as may be deemed necessary by the Fire Chief of the City of Kenai. 11.100 No tenant or lessee on the Airport shall store or stock material or equipment in such a manner as to constitute a hazard to persons or property. 12.000 AIRPORT BILLING 12.010 All billings are payable at the City Clerk's office within 15 days after presentation unless otherwise noted thereon. W Al _C�"�2.�.__—_____. ...... - w..rs car •.�. _ _ _ - - 12.020 Delinquent bills will have imposed thereon a penalty of ten percent (10%) and the balance due shall draw interest at the rate of eight percent (81) per annum. 12.030 The charges to lessees for pound rental at the Airport shall be as now, and as may r.sreafter be established by the City Council. 12.040 Charges to concessionaires desiring space for other aviation or public services within an Airport Terminal i facility or elsewhere on the Airport will be contingent i upon the type of service to be rendered and the space desired, and as may be established thereafter. i 13.000 LANDING FEES 13.010 There shall be a landing fee of 20 cents per thousand pounds of weight on aircraft with a certification gross take -off weight of 4,000 pounds or over, payable monthly. 13.020 There is no landing fee for aircraft under 4,000 pounds certificated gross take -off weight. 13.030 There shall be a use fee of $25.00 per month per aircraft under 4,000 pounds certificated take -off -weight for commercial use of the airport facilities unless the operation has leased land from the Airport from which to conduct such operations, and is using the fueling facilities on the Kenai Airport as set out in the Airport Regulations. 13.040 All commercial operators operating aircraft with a certif- icated gross take -off weight of 4,000 pounds or over shall submit a report showing the total number of take -offs of j different types of aircraft made on the Airport each month. This report shall be accompanied by the above use fees for that month and must be received no later than the 15th day of the following month. This does not apply to landing for testing of aircraft or training of personnel. In such instances there shall be no fee. 13.050 All aircraft owners parking aircraft in an area designated by the Airport Manager will be charged a tie -down fee of $20.00 per calendar month. -_` r . vn.. CITY OF KENAI, ALASKA RESOLUTION NO. 76-10 V WHEREAS, since 1860, the City of Kenai's papulation has increased nearly tenfold, sad WHEREAS, existing highway systems have only been moderately improved upon since 1960, and WHEREAS, since 1960 there has been major development of oil and natural gas in Me region, and - WHEREAS, the transportation system bears the stress of each new industry, business and family, and 4 WHEREAS, the existing system has contributed to accidents resulting in loss of life, damage, egressive wear on vehicles, and WHEREAS, population growth bas been so rapid that existing systems are inadequate. - NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that this Council urges the Congress of the United States to recognize our unique circumstance, and the stress placed on our local residents, and to provide fituding to insure that we enjoy the safety. availability and oonvenience of a highway system as enjoyed by most citisens of this Nation. Dated at Kenai. Alaska this day of ,1978, 9 _ ^ i ATTEST: Sue C. Peter, City Clerk f_ t 41 j11 CITY OF RENAI, ALASKA JAMES A. ELSON, MAYOR i CITY OF KENAI 1 RESOLUTION NO. 76-11 A .nwSA:.:STliii� TO v*ti.vii.A�s�ivL T::� v�i*i.CiTA\i^.Tiv*� vi AI3 AL' - ALAJKAN GAS PIPELINE ROUTE FROM THE NORTH SLOPE TO A NIKISKI, ALASKA TERMINUS. WHEREAS, there is a considerable reserve of natural gas to be found on the North Slope of Alaska, and, WHEREAS, there is a concurrance of opinion that this gas could effectively be piped by an All - Alaskan route to a terminus at Nikiski, Alaska, and, WHEREAS, this route would derive the State of Alaska and -its citizens a considerable revenue, and, WHEREAS, this route would promote the safe and expeditious means of delivery of needed natural gas to the rest of the United States. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska: Encourages the construction of an All - Alaskan Gas Pipeline Route from the North Slope to a Nikiski, Alaska terminus. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 1976. ATTEST: Sue C. Peter, City Clerk CITY OF KENAI, ALASKA JAMb5 A. bLSUN, MAYOR f Homer Eleatria Asiaoviation, Zima. r P. 0. BOX 155 • HOMER. ALASKA 99803 • PHONE (907) 135.8551 Januar, 21, 1976 Mr. Roland Lynn City Manager City of Kenai P. O. Box 580 Rend, Alaska 99611 Dear Sir: With reference to our conversation last week concerning the possibility of North Slope gas being piped to Nikiski, we are enclosing the following Information: (1) A copy of the announcement which appeared in the December 3, 1915 issue of the Alaska Scouting Service; (2) A copy of Page I-256 of the draft of the Environmental Impact Statement Prepared by the stag of the Federal Power Commission, released November, 1975. The Environmental Impad Statement recites several reasons that the terminus of the line should be at Nildsld . The most important reason seems to be that petro -chemical facilities already exist in that area, and, therefore, the additional impact of a similar industry would not be adverse. We sincerely hope that you and your staff concur in our thoughts that Nikiski is the logical terminus for this line. If you agree, I am sure that you will do everything within your power to encourage the construction of an All Alaskan—All American Route for the gas from the North Slope. Sincerely yours, HOMER ELECTRIC ASSOCIATION, INC. W. C. Rhodes General Manager WCR: em cc: Richard G. Peck 'INIi ALASKA SCGU=G SERVICE 1'PG h TAl:1r 14103MMUNDS The environmental staff of the Cederal Power Commission has recommended GAS LINK UOUTR CIIANCNS slgu cant route changes for either the Arctic Gas or El Paso proposed natural gas transportation systems. The draft environmental Impact statement on the two competing plans to transport Prudhoe Day natural gas to market suggested that the trans Alaska pipeline terminate at Niklaki on the Kenai Peatnsula. instead of III Paso's planned terminal site of Gravtaa on Prince William Sound. The EIS recommends that if a trans -Canada route is chosen. It should avoid crossing the Arctic National Wildlife Range and follow the Alyeska Pipeline corridor to Fairbanks, where It waild then tura east into Canada. to a related development, Don Smith, vice-chairman of the FPC. told a Congressional subcommittee last week that a final commission decision on which of the two mutes to approve should be made by December, 1976. Smith said that if expidited, the declston could be reached as early as next October. He told the House Subcommittee an Public Lands that the FPC staff final HIS on this two route proposals would be issued by February 26, 1976 Moanwbile, Alaska Gov. jay Hammond has written a letter to the governors of the other 49 states urging their support for I a turns -Alaska gas p1 pettae route. Hammoad'a letter lists what he considers the environmental advantages of the trans - Alaska route, which parallels the Alyeska oil pipeline corridor for most of Its length. and the potential for delay inherent in the trans-Conada proposal, according to the governor. Hammond contends that the trans -Alaska route proposed by - El Paso could be completed faster than the Arctic Gas project and that the federal government and Alaska would both ' beaug by taxation of the EI Paso system. { c+ J91 c) West Coast Projects The PGT -PG&E and ITAA routes should not be constructed at this time since the volumes of Alaskan t,av=a 1 sas u&4 h :.could be committed to these companies could be handled by means of exchange of gas agreements. These three routes and their impacts are more fully described in the USDI Draft Environmental Impact State- ment. • 2. E1 Paso Alaska System a) E1 Paso Alaska Proposal The envirommetal staff found Nikiski to be the best Fire in Cc1k Inlet; and agreed with E1 Paso Alaska that Point Gravina was the best site in Prince William Sound. In considering the suitability of these two sites to meet the siting criteria required for the proposed project combined with their relativa suscep- tibilirier: r* adverse environmental imrscts, the Nikiski site was determined to be the more suitable location. The selection of the Nikiski site for the LNG Teraei-zal would require that the pipeline follow El Paso Alaska's proposed route to Livengood and then follow the staff's recommended route to Nikiski as described in Volume II, Section 1 of this environmental report• b) The environmental staff found that the Oxnard, Cplifornia site would constitute a more suit- able location for development of the proposed LNG terminal project than the Point Conception, California site. It is the environmental staff's further conclu- sion that not more than one LNG terminal should be constructed in California at the present time to receive ,the volumes of gas associated with the proposed E1 Paso Alaska,Pacific Indonesia, and Pacific Alaska Projects and that the one combined terminal be located at Oxnard, California. In the event that the Point Con- ception site is ultimately certified by the Commission, I-256 1 't J91 c) West Coast Projects The PGT -PG&E and ITAA routes should not be constructed at this time since the volumes of Alaskan t,av=a 1 sas u&4 h :.could be committed to these companies could be handled by means of exchange of gas agreements. These three routes and their impacts are more fully described in the USDI Draft Environmental Impact State- ment. • 2. E1 Paso Alaska System a) E1 Paso Alaska Proposal The envirommetal staff found Nikiski to be the best Fire in Cc1k Inlet; and agreed with E1 Paso Alaska that Point Gravina was the best site in Prince William Sound. In considering the suitability of these two sites to meet the siting criteria required for the proposed project combined with their relativa suscep- tibilirier: r* adverse environmental imrscts, the Nikiski site was determined to be the more suitable location. The selection of the Nikiski site for the LNG Teraei-zal would require that the pipeline follow El Paso Alaska's proposed route to Livengood and then follow the staff's recommended route to Nikiski as described in Volume II, Section 1 of this environmental report• b) The environmental staff found that the Oxnard, Cplifornia site would constitute a more suit- able location for development of the proposed LNG terminal project than the Point Conception, California site. It is the environmental staff's further conclu- sion that not more than one LNG terminal should be constructed in California at the present time to receive ,the volumes of gas associated with the proposed E1 Paso Alaska,Pacific Indonesia, and Pacific Alaska Projects and that the one combined terminal be located at Oxnard, California. In the event that the Point Con- ception site is ultimately certified by the Commission, I-256 1 ' CITY OF KENAI CONSENT TO SUBLEASE OR ASSIGNMENT �Th (Sublease) ( ) from 6L /1201c , to r dated_R ;/ .n .�? , covering the following -described property: " Lot 6 , Block S, General Aviation Apron. Section 32, Township 6N, Range -1111, Seward Meridian. Is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained In the original Lease above described. This Consent is given by the City of Kenai without waiving any rkht or action, or releasing the Assignor from any liability or responsibility tinder 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 THIRD JUDICIAL DISTRICT _ On this day of , 19 , before me personalty appeared , known to be the person who executed the above instrument, and acknowledged that he (she) had the authority to sign, for the purposes stated therein. 1 NOTARY PUBLIC FOR ALASKA l fi My Commission Expires: .�- r - - �� -� _ ice, •� i 1 1 1 MAW OF AIRPORT LAMM nR FArmiTirs Tali$ IT. rule".'.^.:! !Mvo ti',.x day of 19 . by and between the CITY OF %TVAI. a home -rule municipal corporation of Alaska. hereinafter called "City". and BRIAN L. and NANCY J. PECK hereinafter called "Lessee". That the Ci in consideration of the City. payments of the rents and the performance of all the covenants herein contained by the Leasee. does hereby demise and lease to the Lessee the following described property in the ' Kenai Recording District. State of Alaska. to wit: Lots Seven (7) and Eight (8). Old Aircraft Apron, Renal Municipal Airport, as described in that Certain nultclaim Deed from the USA to the City of Kenai. fgled In Rook 27 of Deeds at Page 308, Kenai Recording district. Third Judicial District. State of Alaska and including the hana'ar and say Improvements thereon Term: The term of this Lease is for One (1) years# osumaencing orl7eth st day of February . 1978. to the 31st day of Jamiary .. 191L, at the annual rental of 1-%„89d-Illl payment: Subject to the terms. of 0mreral Oovenant wo. 10 of i this tease. the rental specified herein shall be Aayable as follows: itttj (a) Richt of entry and occupancy is authnrfzed as of the I E day of Feb_ivarq . 19 76, and the first rent shall be commuted from such = date until June so. 1978 . at the rate of E 1.64 per day for 160 days. equals S 247.50 now due. } I (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 gear. (e) Rental for any period which is less that one (1) year shall be prorated. based on the rate of the last full year. (d) The real specified herein is calculated as follows: 15.000 square feet at f .04 per square foot per year. orf 500.110 per year. In addition to the rents specified above. subject to fteneral Covenant No. 10. the Lessee agrees to pay to the City fees as hereinafter Provided: (a) Assessments for Public improvements benefiting property in the amount of S N/A , (b) Applicable taxes to leasehold interest or other aspects. (e) Sales Tax now enlara d or levied in the future. (d) Interest at the rate of eight percent (8+1) per annum on any amount of money owed under this Laase which is not paid on or before the date it becomes due. (e) Additional charges as set fo:•th in Schedule A. attached. Page One. LEASE Complete Revision 5/2/75 - ATA•PR AV AT.AMCA ) I ) aa. THIRD JUDICIAL DISTRICT ) On this day of , 19 . heiore me porsonaiiv appeared , known to he the verson who executed the above Lease. and acknowledged that he (she) had the eull)ority ' to sign. for the purposes stated therein. �t NOTARY PTtRLIC POR ALASKA is MY Commission Expires: .j +; LESSEE tL J. s BRIAN L. PI NANCY Z PECK STATE OF ALASKA ) )94. THIRD JUDICIAL DISTRICT ) i On this day at ,.19 , before me personally } appeared . known to be the person who t executed the above Lease and acknowledged that he (rhe) had the authority to sign the same, for the purposes stated therein. ij ,x NOTARY PURLIC FSR ALARtrq fi My r`.ommfseton Rxpfrox: ACKNOWLED01II NT FOR MYSBANl1 A" 1"W. t STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) Before me. the undersigned. a Notary Public In and for the State of Alaska. on thisday personally appeared &AA L e, =0 k �t i - hve m . husband and wife, both known to be the persons who names are subscribed to the forea g Lease. and acknowledged to me that they executed the same as their free and voluntary act and deed. atd for the purposes and considerations therein expressed. GIVEN UNDER MY RAND ND AND SEAL OF OFFICE. this day of • //jj � ,#A44Y PTtRIJC FnR A1�1RVA mtnfsaion Fxpires: M-11- Fags Tats, LPA13E • CITY OF KENAI P. O. BOX no . WaL ALASKA . PHONE 28&75n 1 to: Honorable Mayor a City Council FROA Sue C. Peter, City Clerk A explanation of description for the property in question will be given at the meeting Wednesday evening. Thank you. .m r CITY OF KENAI P. O. BOX no . WaL ALASKA . PHONE 28&75n 1 to: Honorable Mayor a City Council FROA Sue C. Peter, City Clerk A explanation of description for the property in question will be given at the meeting Wednesday evening. Thank you. SUBLEASE This agreement. made this 3rd day of March. 1876. by and between the City of Renal. a home-rule municipal corporation of the State of Alaska. sublessor (hereinafter called "City") and the Russian Orthodox Greek Cethnlie Church of North America. a reliaious corporation organized under the laws of the State of Pennsylvania Oterainafter called "Sublessee"). WITNESSETH that WHEREAS. Sublessee. by instrument dated July 25. 1860. and recorded in the Renal Recording District at Rook Visa. 25. Page 263. leased to City certain property encompasoft the present Fort Kenny as wall as the Old Parish House, and grounds. and. • WHEREAS. under paragraph 8 of said instrument. the City arae given authority to reconstruct the Old Parish House included as part of the demised premises. and WHEREAS. the City has not so reconstructed the Parish House and Sublessee wishes at this time so to reconstruct the Parish House. and WHEREAS. paragraph 5 of the above instrument specifies that City may sublease any or all parts of the land demised for the purpose of conducting uses permitted to the instrument. NOW THEREFORE. City does hereby sublease to Sublessee all of the following described rel property known as the Old Parish House and the surrounding grounds and situated in the Kenai It Ing nistrict. ! State of Alaska. and more particularly described as follows: ii The pasties further agree that this sublease is made on the following terms and conditions: 1. This sublease commences March 3. 1875 end ends July 24. 2021. 2. Sublessee shall abide by the terms and conditions of that Lean between the parties dated July 25. 1866 and recorded in the Kenai Recording District at Book Mise. 25, Page 263 insofar as they are applicable to the premises demised to Sublessee. In addition to the purposes set out in paragraph 1 of such lease. Sublessee may use Parish mouse for any legitimate church purpose including use as a parish house. and may use the grounds for any related purpose. -2- t - = } S. Sublessee snail maintain the demised pse rises in Rood order 1 and may reconstruct and rebuild the Parish Neuse at its expense. The maintenance agreed to herein shall be the consideration for this + 1 E IN WITNFSS MMOP. the parties hereto have caused this sub- i lease to be executed the day and year hereinabove written. t CITY OF WENAI By - Roland D. Lynn City Manager { STATE OF ALASKA ) 11 THIRD JUDICIAL DISTRICT ) t On thisday of . . 19 . before me j personally appeared— . known to be f the person who executed the above sublease, and acknowledged that he (� (she) had the authority to sign. for the purposes stated thersia. 1 NOTARY r'u»jAr, ruR ALASKA i my Commission Expires: SUBLESSEF ' Russion Greek Orthodox Catholic r r: Church of North America 1 By ! 1 - ! STATE OF ALASKA , JUDICIAL DISTRICT ) t On this day of . 19_. before me 1 ; pertly appeared . known to be the person who executed the above Sublease and acknowledged that he (she) had the authority to sign the same. for the purposes stated therein. J I NOTARY PUBLIC FOR ALASKA IRY Commission Expires: a I ' I U 1 y I r I I' I .� pp CITY OF KENAI, ALASKA RESOLUTION NO. 76-12 A RESOLUiiON : U=r" 0RTR G S88f3 267 AU HORUr G 50% STATE FUNDING FOR _ WATER AND SEWER PROJECTS ' WHEREAS, SSSB 267 would authorize a thirty one million dollar ($31,000,000) bond issue be placed before the voters of the State; and WHEREAS, the City of Kenai would be eligible for 50% funding on current and -; proposed water and sewer projects. I i V . NOW, THEREFORE, be it resolved by the Council of the City of Kenai, Alaska - - that the Legislature approve SSSB 267. DATED this day of March, 1976. CITY OF KENAI, ALASKA I_ _- --�' - JABBS A. ELSON, MAYOR 1 ATTEST: 'f' I E Sue C. peter, City Clerk i I I ---ti I i, T Tom' I,Ei,T•,- -� - - - -`^-- - - _ _._r R . -----� T _ _ - �- _ _ � �� SM _ -�•� - � �_ _ _� ��- Ire - 7771 ', ilii • •i i r CITY OF KENAI, ALASKA - - RESOLUTION NO. 76-13 A RESOLUTION SUPPORTING SB 582 WHEREAS, the Legislature Interim Committee has recommended passage of SS 582 which would authorize a bond issue of thirty seven million dollars (;37,000,000) be placed before the voters; and WHEREAS, the City of Kenai would be eligible for at least five hundred thousand- dollsrs (;500, 000) for construction of a port facility; and WHEREAS, Kenai would be designated a port of entry which could result in lower fuel, food and materials prices. NOW, THEREFORE, be it resolved by the Council of the City of Kenai, Alaska that SB 582 be passed by the Legislature. DATED this day of March, 1976. ATTEST: Sue C. Peter, City Clerk CITY OF KENAI, ALASKA JAMES A. ELSON, MAYOR V- — 0 ASSIGNMENT OF LEASE �i FOR SECURITY PURPOSES Ai=,ww wuua 6 6fsa &'`Ltcrs in—w t awi'� v March, 1976, by and between THOMAS R. SMITH and GAIL ANN SMITH, Ilhusband and wife of Soldotna, Alaska, hereinafter referred to as ;Assignor and NATIONAL BANK OP ALASXA, hereinafter referred to as it Assignee. VNEREAS Assignor is occupying the property described 1 jjbalm by virtue of a lease dated April 14, 1967, from the CITY OF MMI and, II IGMREAS it is the desire of Assignor to assign its #Leasehold rights under the aforesaid lease to Assignee, as partial 41 collateral to secure a loan to Assignor by Assignee, for good and valuable consideration, the ,,Assignor by these presents does hereby assign and not over to the v Assigns all of Assignor's Leasehold interest in and to the following described property: 1111 Lot Six (6), Block Five (S), Small Aircraft p Apron Subdivision, According to the official ' Plat filed June 13, 1967, in the Renal Recording District, Third Judicial District, State of Alaska. TO HAVE AND TO SOLD the same unto the Assignee, its successors and assigns for and during all the rest, residue and !! remainder of the respective terms of such Leasehold interest and I�the renewals thereof yet to come. Neither this Assignment nor the acceptance of rent by the owner of the Fee Simple Title from Assignee, pursuant to this Assignment, shall release, relieve or in OW manner modify the obligations of the parties under the terms and conditions of the lease or of this Assignment. It is understood and agreed that this AssigAmeut is made by the Assignor to secure a certain loan made by the Assignee to the Assignor, and the Assignor promises and agrees to perform all of the terms, covenants and conditions of the lease to be performed on the part of the Lessee therein named. Provided that ' Page One, ASSIGNMENT t I �. _- ._ - -� -�� vw•.-. � -.-..- �_r-o.-�- -tea-� ..� 1 0 should there be any default by the Assignor under the terms, j' Covenants and conditions of the lease or a default in the keeping Of the terms, covenants and conditions of the concurrent loan agreement, a copy of which is attached hereto and incorporated herein, thea the Assignee is empowered to remove the Assignor from the leased premises and to perform all the terms, covenants and j conditions of the lease as though the Assignee were sole Lessee. t This Assignment shall be void if the said Assignor shall 11fully perform all of the covenants, including any for the payment of money contained in that certain promissory note for the payment Of SIS �� plus interest which on )!arab,, 1976, .:Assignor made and delivered to Assignee, and shall perform all of i the covenants and fulfill all of the conditions contained in any i agreements entered into between Assignor and Assignee as part of the transaction of which the creation of such indebtedness is a part. DATBDs At 7lenai, Alaska, thisPA day of (larch, 1976. f THOMAS R. SMZTU { � WSW NOiYI Sll�Tg~� 1 I STAT= OF ALAM TRM JWICIAL DISTRICT ass. ji THIS is TO CERTIFY that before se, the undersigned, a Notary public in and for the State of Alaska, duly ccmmiasioned and sworn as such, personally appeared THOMAS R. SMITH and GAIL If ANN SMITH, husband and wife, known to me and to me known to be the � identical individuals named in and who executed the foregoing instrument, and who acknowledged to me that they signed and sealed ' the same, each for himself and not for one another, as their free and voluntary act and deed, and for the uses and purposes therein =Mtionsd and set forth. IN VZTNHSS IWJWF, I have hereunto set any hand and affixed my official seal, this gj day of March, 1976. • NOT Y BOBLIC R q ?age Two, ASSZGti!ffiPf NY Commission Expires: y-? ii CONSENT TO ASSIGNMENT 1f4 The foregoing Assignment is hereby acknowledged and !� approved, subject to the same terms and conditions as contained in the original lease above described. } it ROLAND D. LYNN CITY MANAGER STARS OF ALASKA -- 1' TRIRD JUDICIAL DISTRICT )s { On this day of March, 1976, before me personallyf { appeared ROLAND D.-IM, known to be the person who executed he foregoing consent, and he acknowledged that he had the authority —`- h to sign for the purposes stated therein. _ - {I IN WZTNESS WMEOP, I have hereunto set my hand and affixed zV official seal, this day of March, 1976. 1 i i NOTARY PUBLIC FOR ALASKA My Commission 8xpires: ` I ,I . I � 1 ,I 1 Page Three, ASSIGNMENT n W 0 LF.ASR OF i AIRPORT LAWng OR FACWTIRS 1 THIS AORF.P%VNT. entered into this day of . sd , by and between the CITY OF XEVAi. a home -rule municipal corporation 66ka, hereinafter called "City", and JACK PECK E JACK PECK I I dba NORIHER11 AIRCRAFT SALES S SERVICE hereinafter called "Lessee". That the City, in consideration of the payments of the rents and the pedformance of all the covenants herein contained by the Lessee. does hereby demise and lease to the Lessee the following desalbed property in the Kenai Recording District, State of Alaska; to wit:- Lot it;Lot 1 Block 2 General Aviation Apron, Section 32 1611 Rllli Seward Meridian Term. The term of this Lesse Is for 54 years. commencing en the y4day of lurch . 192L. to the26th clay of February A9 . at the annual rental of f S2.000 , 1.411 Payments Subject to the terms of Oenerai CAmenant Ko. 14 of Oft Lease. the rental specified herein shall be payable as follows: (a) Ris t of entry and occupancy is authorised as of the$ s t day of March . 1676 . and the first rent shall be computed f such date until June 30. 19 767, at the rate of $ S • 48 per day for Z days. equals $660.56— now due. (b) Annual rent for *a 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. (a) Rental for any period which is less than me (1) year shell be prorated. based an the rata of the last full year. (d) The rent specified herein is calculated as follows: 50,000 square feet at S • 04 per square foot per year, or $ c,vvu per year. to addition to the rents specified above. subject to General Covenant No. 10, the Lessee agrees to pay to the City fleas as hereinafter provided: s (*)A enta for public improvements benefiting property in the an"M of $ 3 / (b) Applicable taxes to iessehold interest or other aspects. (e) Sales Tax naw entaarced or levied in the future. (d) Interest at the rate of sight percent is*) per =Mm on any amount of money owed under this Lease which is not paid on or before the data it becomes due. (l�dY�tdii/..rf.i rw,N .nrNrr .,,.n..hYN.o,4Jiyrd'l.:rM.F�zxl.. Development Plan Time periods for development of property and building specifications shall be followed as set out in Schedule "A" attached. Papa One. LEASH Complete Revision 5/2175 a 0 The purpose for which this Lease is issued is: GENERAL AVIATION SALES AND SERVICE L COVFNA%"rg 1. Uses: rzeept as provided herein, any regular use of land* or facilities without the written consent of the amity 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 arras and streets. 4. Uses Not Contemplated Prohibited: Solicitation of donations or the promotion or nperation of any part or kind of business or commercial enterprise. other than as specifically set forth herein. upon, in or above airport lands. without the written consent of the City is prohibited. 8. Impounding of Property: Any or W 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 ease at ay other kind of property. an amount not to exceed $5.00 per day. or in accordance with such IIIgher too 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 Renal Planning Commission. (b) After approval by the Renal Planning Cemmisslon, final approval of trander by the City Council. Any assignment in violation of this provision shall be void. and shall be grounds for cancellation of this Lease by the City. S. Treatment of h)emise: 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 permission of the City. At the :..,, /- : - of the term fixed. or any sooner determination of the Lease. the Lessee will peaceably and quietly quit and an"nder the premises to the City. S. 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. Renal. Abaft. Z. Construction Approval and Standards: Ruilding 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 development of property to the City Planning Commission which shall be approved in writing for all permanent improvements. Page Two. WASP. • 1 A —�-�� 1111111 II I 1 .11 Ilf"--- -. .. .__ _ +� ^—• � - _ _ __ _ 1 T7 -IV r - STATE OF ALASKA ) ai. TBIRD JUDICIAL DISTRICT ) On this day of 119 .before me personally appeared known to he the person who executed the above Lease. and acknowledged that he (she) had the authority to sign. for the purposes stated therein. NCITARY PtlRLIC FOR ALASKA 6ty Commission Expires: Li an NORT ERAA R T SALES STATE OF ALASKA ) as. TBIRD JUDICIAL DISTRICT y, ) OA this day of /f7�7 *• t.C, . 19Lbefore me personally appeared . /lc,c Euc . 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. N04'ARY PURLIC FOR ALASSM • My rommisslon Rxpirea:-:�-.:•. � i ACKNOWLEDGMENT FOR FUSBAND AND WIFE STATE OF ALASKA ) ss. TRW JUDICIAL DISTRICT ) 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 parsons whose names are subscribed to the foregoing Letse, and acknowledged t1D 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 RAND AND SEAL OF OFFICE, this day at 119. Page Tan. LF41M NOTARY PUBLIC FOR ALASKA My commission Fxpirea: v SCHEDULE "A" DEVELOPMENT PLAN — - Construction. of a hangar will be started fn 1977, with final completion of the building to be slated no later than I December 1979. The building shall conform to all City of Kenai and State of Alaska Building Codes and zoning requirements and shall be built following . the building information as set forth in the original lease application by Lessee. - r t, i. • y i - J t 1 " I:-- ` CITY OF KENAI P. O. COX'FS • i,:N4 ALASKA • MONE 2937535 Lease Application # pq 1 of 2 Name of Applicant JIL.- J (DL=1� Address i �%.1� �� /� L� l'�l / 7l 'mss - Business Name and Address Kenai Peninsula Borough Sales ax No. State Business License No. q!!'//T— 2-6; 47,007 Pnone,g,(1P ,9 -- ,_7 g 4 -f (check one) 4 --Lease Permit Lot Description bice w .4'7. L m' I' Desired length of Lease or Pax -cit— ,_'J—Yo-s Property t be Used for_I2 �u Ll%0C� Description of developments (type, construction, size, etcJ d ' / eco Attach development plan to scale 1 inch -.50 feet, showing all build- f ings planned. Time schedule /� �Dll 11 Al�,l�C' / O �1P I I Estimate value of construction: Signed iL � r I - -+ Paqe 2 of 4 Lease No. Lease Application CITY 4F KENA I page 2 of 2 s { R 0.80X'580 . IENAL ALASKA FWOME 283-7535 • J For your information i Annual rental rate or cost SO, pzio so fr/- d = d, DGS /QrnuQcc 4-1 Zoned for j - permits required i • .y -�_ Assessments ` Insurance required /� ��OD Q 66 0 I Construction must be started by <..g Completion data for major constructions Ranting Planning Commission Time City Council Time Reviewed bys ' Ca®aents s - ,y i This appiicatton will be a part of the lease C�Ap�rov=ls: Planning (bmissicra by City council by Receipt acknowledged by applicant r ' i. V L V _ 1 .. .� • r ori H ({, — _711, . 1i- 1 I --- C Page 3 of 4 Lease No. BuILDIN6 ID80RMATIOp Zar g, dl � . �/�Ilt� �o %9� ��/,�'lvdJYv/T/? co�lcr�J�� ,b/actewfG� cl/s �glvE /jlamAOOoo Z �l"�/ooc� a(&c /G1S�/141�� /tp�r/i �� !✓� f ov7CS,rl�tSac� CO r a C411 7 l 11 // S� to p Ya c o -,r� o ! ?0170 A90 e - p 4PNIL/ dtOOIK 7te Ab(:I" ) S Aa� f Construction materials: Scale: _ Page 4 of 4 lease NO. . s �s LAYouT PLAN _- Lot_ Block Subdivision(//c/h�A/f l Y � I ,C� o t' l ✓oc K;L .V r • O � • I • I - _ .. � Scale 1" l J � •'->fi"6�--t-.J�'-'fid ___ _ -__ _ _ _- -!- �..�-..�....-�.__..... -___„• __ --"�---• --__ _ _ . r -'W KENAI PENINSULA BOROUGH AGENDA FOR REGULAR ASSEMBLY MEETING MARCH 2, 1976, 7:30 P.M. BOROUGH ADMINISTRATION BUILDING P. 0. BOX 850 SOLDOTNA, ALASKA 99669 -AGENDA- ASSEMBLY A.- CALL TO ORDER AND ROLL CALL Hamilton 9 Hamrick 4 B. PLEDGE OF ALLEGIANCE AND/OR OPENING CERE14ONY Hudson 10.67 Johnson 10.66 C. AGENDA APPROVAL Lutz 7.5 Mika 9 D. MINUTES OF FEBRUARY 17, 1976 Mullen 11 O'Connell 9 E. ORDINANCE HEARINGS: Oldow 7.S Cooper 10 (a) Ord. 76-4 "An Ordinance to Amend Chapter Corr 9 zi.16 Providing for Conditional Use Davis 9 Permits for Surface Extraction of Natural Douglas 9 Resources Within the Kenai Municipal Elson 10.67 District" Fields 9 Total Vote: 1TC (b) Ord. 76-6 "An Ordinance Making a Supple- mental Appropriation for the Solid Waste Program for Capital Projects and for Operational Expenses" (c) Ord. 76-7 "An Ordinance Making a Supple- mental Appropriation to Capital Projects to Provide Additional Funding for Construction of Addition to Bob Bartlett School at Tyonek" F. INTRODUCTION OF ORDINANCES: (a) Ord. 76-8 "An Ordinance Concerning Rezoning Within the City of Seward (Lot S, Forest Acres) (b) Ord. 76-13 "An Ordinance Concerning Rezoning • Within the City of Kenai (Beaver Creek Subd) (c) Ord. 76-14 "An Ordinance Making a Supplemental Appropriation to the North Kenai Fire Service Area" (d) Ord. 76-IS "An Ordinance Adding a New Subsection H11 to KPB 1.12.020 Providing That Each Regular Ordinance at Introduction Must Have Attached a Data Sheet Showing Projected Administrative Costs of the Ordinance, Whom It Will Affect, and How" (e) Ord. 76-16 "An Ordinance Making a Supplemental Appropriation from Unappropriated Funds to the Planning Department V40,000 for of Matching Outer Contental Shelf Impact Planning Funds" G. PUBLIC PRESENTATIONS (with prior notice) H. CO?61ITTEB* REPORTS (a) School Board Meeting, March 1, 1976 (b) Budget 4 Finance Committee Report •(c) Request for Appointment of Assemblyman to OEDP r] A AGENDA FOR MARCH 2, 1976 I. NAYOR•S REPORT (a) Unrestricted Fund Report, March 2, 1976 (b) demo on Transfer of Funds by No. Peninsula Recreation Service Area ($408.00) (c) Payment from Settlement of Borough Suit Against Homer School Architect (d) Cook Inlet Land Trade (e) Opinion from Attorney General on Filling Vacancies on Assembly (located under Item N.) J. SCHOOL CONSTRUCTION AND CAPITAL IMPROVEMENTS K. OTHER BUSINESS (a) Res. 76-7 "A Resolution Concerning State and Federal Land Withdrawals (not in packet) (b) Res. 76-8 "A Resolution Authorizing the Expenditure of b3UU,000 for the Construction of the 1976 Addition of the Bob Bartlett School from Appropriated and Unrestricted Capital Projects Funds" (c) Tax Adjustment Requests L. MAYOR AND ASSEMBLY MEMBERS: COMMENTS $ DISCUSSION M. PUBLIC PRESENTATIONS N. INFORMATIONAL MATERIALS AND REPORTS (a) Minutes of School Board, February 16, 1976 Minutes of So. Peninsula Hospital S.A. 1-21-76 ttinutes of AML Board of Directors 2-12-76 (b) Correspondence and Reports 1. Mr. Fields; employee salaries 76-77 6 charts 2. Legislative Affairs Agency 6 AG's Comments on Vote by secret ballot - Rep. Malone HB 831 Relating to Public Meetings 3. AS 44, Art. 6 "Agency Meetings Public 6 State Policy Regarding Meetings 4. US Dept. of Labor, "Consumer Price Index" (c) Legislation/Alaska Municipal League 1. Bulletin 76.16, Special Statewide Census 2. Bulletin 76-17, Position Vacancies 3. Legislative Bulletin 926 0. NEXT MEETING: March 16, 1976, 7:30 p.m., Borough Building AGENDA RSGULJIR MEETING - RENAI CITY COUNCIL MARCH 3. 1976 - 8:00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 288-76 - Amending Airport Land Fund, M&O Fund a General Fund 2. Ordinance 28946 - Protection of Water Resources S. 4. C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Mr. Bill Rodgers, Jet Alaska 2. a. D. MINUTES 1. Minutes of the Regular Meeting of February 18. 1976 E. CORRESPONDENCE F. OLD BUSINESS 1. Council Selection of new Council Member 2. Fire Department Mutual Aid Agreement - Rend/North Rens/Soldo1w S. Lease of City Owned Lands - Peninsula ONiers 4. Resolution 76-9 - Borough Assembly passing Ordinance APprovinR Ord. 289-78 5. 6. 7. G. NEW BUSINESS 1. Bills to be paid - bills to be ratified 4. Ordinance 299-76 - Adopting 1976 Renes Municipal Airport Regulations S. Resolution 7640 - Off Systems Road Funding 4. Resolution 76-U - Construction of Gas Pipeline. *North Stop to *tikWd 5. Consent to Sublease - William A. McWilliams to Ron Swanson S. Lease of City Owned Lands - Brlan L. and Nancy J. Peck T. Sublease of Pariah House to Russian Orthodox Church 8. 9. 10. Il. 12. I3. 11 - REPORTS 1. City 1lanager's Report 2. City Attorney's Report 3. Ysyor's Report 4. City Clerk's Report 5. Finance Director's Report S. Planning i Zoning Commission's Report 7. Reosi Peninsula Borough Assembly's Report I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. 2. S. f CITY OF KENAI ORDINANCE NO. 288-76 AN ORDINANCE OF THE CITY OF KENAI, ALASKA AMENDING THE 1975-76 BUDGET FOR THE AIRPORT LAND FUND, AIRPORT MAINTENANCE AND OPERATION FUND, AND THE GENERAL FUND. The purpose of this Ordinance is to authorize: 1. A donation from the General Fund to the Kenai Peninsula Community Care Center; 2. A transfer from the Airport Land Fund to the Airport Maintenance and Operation Fund; 3. An increase is the amount budgeted for rents and leases in the Airport Land Fuad to reflect the payment of rent from . the Kenai Peninsula Community Care Center. Amendments to the budget are as follows: Increase } (Decrease) General Fund - expenditures for interfund transfers $ (9.243) to the Airport Mao Fund i General Fund - expenditures for Non -Departmental 9.243 for Miscellaneous -- donation to the Renal Peninsula Community Care Center i Airport Mao Fund - revenues from interfund transfers (9,243) hm the General Fund Airport MW Fund - revenues from interfund transfers 9,243 from the Airport Land Fund s } i J1 _ j} y Airport Land Fund - revenues from rents and leases -- 9,248 rent from the Kenai Peninsula Community Care Center Airport Land Fund - expenditures for interfund transfers 9,243 to the Airport M&O Fuad PASSED by the Council of the City of Kenai. Alaska this day of March,1976. CITY OF KENAI, ALASKA ATTEST: Sue C. Peter, City Clerk JAMES A. ELSON, MAYOR FIRST READING:, C4 /X. / 9 7 L SECOND READING: Ad 9 A%. & 6 go DATE: s - _ _ �---�----�-� ,�_ ._� T .r- v ^- � �-� i _ ' ~ -•!- Thr i z1 I CITY OF KENAI ORDINANCE NO. 289-76 AN ORDINANCE PROTECTING THE WATER SUPPLY AND WATERSHED OF THE CITY OF KENAI, ALASKA, AND PROVIDING FOR ENFORCEMENT OF THE ORDINANCE OUTSIDE THE CITY LIMITS. WHEREAS, AS 29.48.037 allows a City to adopt ordinances protecting Us watershed and to enforce such ordinances outside its City limits, and WHEREAS, the City of Kenai derives its principal water supply from the Beaver Creek aquifer northeast of the City, and WHEREAS, it is in the public interest to adopt an ordinance protecting such aquifer. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, that: Section 1. It shall be unlawful for any person or other entity to dig, build, drive, drill or in any manner construct a well or otherwise appropriate water from beneath the surface in the following described territory without the prior written consent of the City of Kenai - TON. R10W; T7N, R18W; portion of TO. R11W; portion of T7N. R11W; and portion of TON, ROW; and portion of T7N, ROW, Seward Meridian Consent shall not be given unless the Council of the City of Kenai i. has to , 1 such appropriation. They shall not approve the * ..lation if it is likely to have a substantial detrimental effect on the City's water supply. Section 2. Any person or entity violating the provisions of Section 1 shall be subject to a civil penalty of $300.00 for each offense. Each and every day such offense continues shall be deemed a separate violation. In addition. the City may enjoin the violator from any further appropriation. n9 � - PASSED BY THE COUNCIL OF KENAI, ALASKA, this day of 1976. CITY OF KENAI, ALASKA JAMES A. ELSON, MAYOR ATTEST: - Sue C. Peter, City Clerk FIRST READIIJG: 46 : /e, AM SECOND READING: EFFECTIVE DATE: r ' 1 i, Page 2. ORDINANCE NO. 289-76 - - - t - _ � :n. -=z- � =_3 -� -• � .-.r �-..moi- i 11 111IIL1 w n _:._ �'"_ _ �_d=�•.___.-.�� - - - AGENDA REGULAR MEETING - KENAI CITY COUNCIL FEBRUARY 18, 1876 - 8: 00 P.N. f PUBLIC SAFETY BUILDING i PL®OB OF ALLEGIANCE A. ROLL CALL 1 AGENDA APPROVAL 1 B. PUBLIC HEARINGS l 1. 2. 3. 4. C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Br. lack Spake - State Department of HlOways 1 2. D. MINUTES 1. MOW of the Regular Meeting of February 4,1876 3 B. CORRESPONDENCE 1. 2. F. OLD BUSINESS 1. Colman Selection of new Council Member 4 2. Fire Department Mutual Aid Agreement - Kenai/North Rani/Soldotna 4 S. 4. S. 0. IM BUSINESS 1. Bins to be paid - bills to be ratiiled 5 2. Ordinance 288-76 - Amending Airport Latin Fund.11110 Fund a General Fund 5 S. Ordinance 288-76 -Protection of venter Resources 6 4, Resobutisn No. 76-8 - Establishing Depositories a Authorized Signatures 7 5. Lases of City Owned Lands - Peninsula Oil= 8 6. Pegram FBI School Contract 8 7. $stenion of date/Development Plan - Sospy Beaver Car wash 10 S. Bid Tsbulaltoa - Tisa a wheals for City Dump Trucks It 8. I0. n. 12. , 18. 14. 15. F1. REPORTS I. City Hanger's Report n 2. City Attorney's Report 12 3. Races Report 12 4. City C'lark's Report IS 5. Finance Director's Report 13 S. Planing a Zoning Commission's Report 13 I. Kwd Peninsula Borough Assembly's Report 13 I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. Hr. Phillip Aber !4 2. Bra. Ruby Coyle 14 3. Br. Arthur Evans 14 RENAI CITY COUNCIL - REGULAR MEETING - FEBRUARY 18, 1976 - 8: 00 P.M. KENAI PUBLIC SAFETY BUILDING JAMES A. ELSON , MAYOR, PRESIDING M PLEDGE OF ALLEGIANCE A. ROLL CALL Present: A. L. Hudson, Richard Morgan, Edward Ambarian, Tom Ackerly, Walter Sweet and James Elson Absent: None AGENDA APPROVAL - - - Council unanimously approved the addition of the following items: t'. 0-7: Extension of date/Development Plan - Soapy Beaver Car wash G-8: Bid Tabulation - Tires and Wheels for City Dump Trucks B. PUBLIC HEARINGS None C. PRESONS PRESENT &.nziruAM TO BE HEARD: C-1: Mr. Jack M. Spake, State Department of HiEhways Mr. Spake, Central District Engineer for the State Department of Highways presented the Five Year Highway Construction Program to the Council and advised that the City of Kenai would be included in the Off System Road Contruction Program this year. The tentative contract award schedule is to reconstruct and pave 3.8 miles of the Beaver Loop Road and reconstruct and pave 1.5 miles of Homesite Loop (Forest Drive) . Estimated total cost for the Beaver Loop.project to $500,000 and $375,000 for Homesite Loop. Also included in this year's construction projects is a bicycle path along the Spur Highway to Tinker Lane. Mr. Spoke advised that these projects would not have been feasible if it had not been for the funding from the Off System program. Mr. Spoke also advised that the Kenai Spur Highway project should be completed in July or August. Mr. Spake also requested that Council submit a resolution which should be sent to our Congressional delegation to encourage the continuance of the off system road project funding on a yearly basis. Mr. Spake stated, "this money would get some projects off the board which would not get done for many years". r '' --I KENAI CITY COUNCIL, REGULAR MEETING. FEBRUARY 18, 1976 Page 2 f Mayor Elson inquired if upon completion of the projects on Beaver Loop and Homesite Loop would the State continue responsibility of maintenance? Mr. Spake stated that they would remain under the State maintenance system, however. the State had received resolutions fimm the City of Fenn stating that the City would assume responsibility for maintenance upon completion of construction. Mr. Lynn advised that it was the intent of the City to assume maintenance if the construction of these roadways met City standards. Mr. Spake advised that there was not enough money available to construct a primary type road, however, the construction as planned would serve the needs of the area. Mr. Spoke further advised that Homesite Loop would have a paved sidewalk and combined bicycle path out to the turn. The State will have put in the best approaches they possibly can. Mr. Reith Morberg of the Highway Department advised the Council that both - Projects would have a gravel overlay. The plans include getting the roadway up and will seal with a 2" surface of asphalt. Mr. Phillip Aber, City Public Works Director, explained the feelings of the City which have been expressed in prior meetings in that it was his feeling too that a better way to go would be to do just a portion of the roadway and do a complete job on it as far as the money would go. Mr. Aber stated he would like to sit down with the Highway Department representatives and go over the proposed plan of construction. Mr. Morberg stated that due to traffic counts taken on both Beaver Loop and Homesite Loop, it was determined that traffic load is comparatively light and the proposed type of construction would serve the needs. Mr. Morberg further stated that a proposal such as Mr. Aber suggested would mean dropping 9/10the of the project. Councilman Ambarian inquired If the City assumed maintenance and after two or three years some problems arise, is there some stipulation wherein the State would take over the maintenance once again? Mr. Spoke advised that it there was a question concerning maintenance, the State would waiver the restriction that the City would be held responsible and the State would continue to maintain Beaver Loop and Homesite Loop. Mr. Ray Shumway, Chief Design Engineer for the Department of Highways, advised the Council that this type of construction has been very acceptable in Prior projects (Alcan Highway, etc. ) and Mr. Shumway also urged the Council to send a resolution to Congress requesting they tontine with the Off System Road money. Any wires, resolutions, etc. sent to Senator Gravel and Congressman Young will help in keeping this off system money available for road construction. i . BENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18� 1976 PAGE 3 .Y I Mayor Elson advised that he had received a letter from Senator Gravel stating that Congress is getting concerned over the amount of money Alaska is receiving and Senator Gravel asked for support from the various communities, etc. showing the dire need in Alaska for this aid. Councilman Ackerly asked Mr. Spake when this project would be going to bid and was advised that within a month or six weeks. Councilman Morgan asked if the State were familiar with the sub -surface condition of Homesite Loop and Mr. Morberg advised that the State had conducted various tests. Councilman Morgan stated the reason he was concerned to that this area Is going to be out by water/sewer crossing in the next few years and the road ` will and up in patchwork condition. Mr. Morberg advised that the City would have to develop strict codes for permits governing water/sewer crossings. Mr. Spoke further advised that if the State to responsible for the maintenance of this road, it will be the State's responsibility to strictly govern any water/sewer crossings. Mr. Aber advised that he would like to have the water/sewer crossings construction completed prior to the road construction, however, there were no monies available in the City at this time. Council instructed Administration to prepare a resoluton which will be sent to Alaska's congressional delegation urging support for the Off System Road Funding. D. MDIUTES D -l: Minutes of the Reaular Meeting of February 4, 1976 Councilman Morgan asked that on Page 2 of the minutes regarding Councilman Ambarian's statement of the public hearing to be held on Monday, February 9, that an explanation as to who was holding the public hearing be included in the i minutes. I There being no further corrections, the minutes were unanimously approved as ' corrected. E. CORRESPONDENCE None F. OLD BUSINESS Nie BENAI C1TY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1876 PAGE 4 F -L Council selection of new Council member Mayor Elson opened the meeting to nominations. MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for the nomination of Mr. James Doyle. MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for the nomination of Mr. Osew Thomas. MOTION: Councilman Sweet moved, seconded by Councilman Morgan, that the nominations be closed. Mayor Elson instructed the Clerk to prepare for balloting. FIRST BALLOT: Thomas - 3 Doyle - 3 Mayor Elson instructed the Clerk to prepare for a second balloting. SECOND BALLOT: Thomas - 3 Doyle - 3 With Council consent, Mayor Elson moved the meeting onto the next item on the agenda. F-2: Fire Department Mutual Aid Agreement - Kenai/North Kenai/Soldotna Mr. Lynn advised that Administration had not received word back from our Insurance carrier on some questions contained in the agreement, and, therefore, requested Council table the matter until the next regular meeting. Councilman Morgan asked for an explanation as to why this matter had not been resolved as it had been on the agenda for the past three meetings. Janis Williams, City Attorney, reported that the City to responsible for the Party requested from the time they leave the station until the time they return to the station. Our insurance carrier has problems covering this -- the question to should we change insurance carriers or change the agreement. REAM CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 5 Councilman Ackerly reminded Administration that at the last meeting Administration was directed to prepare a report on changing insurance carriers. Mr. Lynn advised Council that he would contact another company while in Anchorage on Thursday -- the City has been working with our present insurance carrier up to this time. Councilman Ambarian inquired as to who was billed for our services now that North Kenai does not have an ambulance? Mr. Lynn advised that we bill the individual who uses the service and in the case of North Kenai, they are now using the Fire Chief's stationwagon as an ambulance. G. NEW BUSINESS G-1: Bills to be paid - bills to be ratified Mr. Lynn advised that these were routine bills for operating expenses and were all budgeted items. Mr. Lynn reported that the Dunamis Electric billing was for repairs to the airport runway lighting project. Also, Heavy Duty Electric in the amount of $585.00 for parts and regulators was to be deleted as the merchandise has not been received. MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for approval of those bills listed to be paid with the deletion of Heavy Duty Electric and 1 of those bills to be ratified. i Motion passed unanimously by roll call vote with Councilman Morgan abstaining an the Lukes Welding billing. G-2: Ordinance 288-76 - Amending the Airport Land- Fund, Mao Fund & General Fund Mayor Elson read Ordinance No. 288-76 amending the 1975-76 budget for the airport land fund. airport maintenance and operation fund, and the general , fund. The purpose of this ordinance is to authorize (1) a donation from the general fund to the Kenai Peninsula Community Care Center; (2) a transfer from the Airport Land Fund to the Airport Maintenance and Operation Fund; (8) and an increase in the amount budgeted for rents and leases in the Airport Land Fund to reflect the payment of rent from the Kenai Peninsula Community Can Center. Mr. Lynn advised that during the last budget session, it was required that the City make payment to the Airport Land Fund for anyone using airport facilities or lands. As the Community Care Center is leasing from the City and were not able to pay the "Fair Market Value", it was necessary to prepare Ordinance No. 288-76 to show this transaction. HENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 6 MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for the introduction of Ordinance No. 288-76, amending the 1975-76 budget for the Airport Land Fund, Airport Maintenance and Operation Fund and the General Fund. Motion passed by roll call vote. Voting yes; Morgan, Ackerly, Sweet and Moon. Voting no; Hudson and Ambarian. 0-3: Ordinance No. 289-76 - Protection of water Resources Mayor Elson read the ordinance ... "An ordinance protecting the water supply and watershed of the City of Kenai, Alaska, and providing for enforcement of the ordinance outside the City limits. Whereas, AS 29.48.037 allows a City to adopt ordinances protecting its watershed and to enforce such ordinances outside Its City limits, and Whereas, the City of Kenai derives its principal water supply from the Beaver Creek aquifer northeast of the City, and Whereas, it is in the public interest to adopt an ordinance protecting such aquifer. Now, Therefore be it ordained by the Council of the City of Kenai, Alaska that: Section 1. It shall be unlawful for any person or other entity to dig, build, drive, drill or in any manner construct a well or otherwsie water from beneath the surface in the following described territory without the prior written consent of the City of Kenai: TON, RIOW, T7N, R10W; portion of TON. RUW; portion of T7N. RUW; and portion of TON, ROW; and portion of T7N, ROW, Seward Meridian. Consent shall not be given unless the Council of the City of Kenai has approved such appropriation . They shall not approve the If it is likely to have a substantial detrimental effect on the City's Water supply . Section 2. Any person or entity violating the provisions of Section 1 shall be subject to a civil penalty of $300 for each offense. Fach and every day such offense continues shall be deemed a separate violation. In addition, the City may enjoin the violator from any further appropriation." Mr. Lynn stated that this ordinance would enable the City to protect its water resources in the Beaver Creek aquifer. Because of the growth in the area, it is dire that this supply is not depleted in the future. Mayor Elson stated that with regard to AS 29.48.37 (b) "a municipality may adopt ordinances to protect its water supply and watershed and may enforce them outside its boundaries. Before this power may be exercised within the boundaries of another municipality, the approval of that municipality must be given by ordinance. This section applies to general law and home rule municipalities 0 2 ch US SLA 1972)". Mayor Elson further stated that this to the reason why we have prepared a resolution which will be presented to the Borough requesting them to pass an ordinance stating that they have no objection. a I -'.e 11 KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 7 Councilman Ambarian asked Administration if they would prepare a better map showing the area in question. Councilman Morgan inquired if there was any private land involved? Mr. Lynn advised that it was all State or Federally ; owned land. Councilman Sweet asked how the boundaries were established and Mr. Lynn advised that the USGS had developed the boundaries and the City had used their guidelines. Mayor Elson advised that the proper order would be to introduce the Ordinance and request that before it comes before Council at a public hearing that Administration prepare proper maps, obtain reports from the USGS, etc. and provide them to the Council for their review prior to the meeting. MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, for the introduction of Ordinance 289-76, An ordinance protecting the water supply and watershed of the City of Kenai, Alaska, and providing for enforcement of the ordinance outside the City limits. Motion passed unanimously by roll call vote. 0-4: Resolution No. 76-8 - Establishing Depositories and Authorized Signatures Mayor Elson read the following: "A resolution establishing depositories for municipal funds and establishing the authorized signatures for depositories or withdrawing of funds from said depositories. Whereas, it is desirable to add the name of the Acting Finance Director to the authorized signatures. Now, Therefore, be it resolved by the Council of the City of Kenai, Alaska, that: the Alaska State Bank, Kenai Branch and/or National Bank of Alaska, Kenai Branch, and/or First Federal Savings Bank, be designated as official depositories of municipal funds, and; two of the following officials of the City of Kenai will be required as signators on the various accounts of the City. and one of which must be the City Manager's or the Acting Finance Directors. Roland D. Lynn, City Manager; Susan Cartwright, Acting Finance Director; and2illian Hakkinen. Accountant. The Standard Bank Corporate Resolution be authorized (and is hereby made a part of this resolution)." Mr. Lynn advised Council that the main change will be including Susan Cartwright until such time a new Finance Director has been selected. It is mandatory that the City have three authorized signatures. NOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for the ;;.;; ,. 91 of Resolution No. 76-8. Establishing depositories for municipal funds and establishing the authorized signatures for depositories or withdrawing of Ands from said depositories. Motion passed unanimously by roll call vote. • .a KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 7 Councilman Ambarian asked Administration if they would prepare a better map showing the area in question. Councilman Morgan inquired if there was any private land involved? Mr. Lynn advised that it was all State or Federally ; owned land. Councilman Sweet asked how the boundaries were established and Mr. Lynn advised that the USGS had developed the boundaries and the City had used their guidelines. Mayor Elson advised that the proper order would be to introduce the Ordinance and request that before it comes before Council at a public hearing that Administration prepare proper maps, obtain reports from the USGS, etc. and provide them to the Council for their review prior to the meeting. MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, for the introduction of Ordinance 289-76, An ordinance protecting the water supply and watershed of the City of Kenai, Alaska, and providing for enforcement of the ordinance outside the City limits. Motion passed unanimously by roll call vote. 0-4: Resolution No. 76-8 - Establishing Depositories and Authorized Signatures Mayor Elson read the following: "A resolution establishing depositories for municipal funds and establishing the authorized signatures for depositories or withdrawing of funds from said depositories. Whereas, it is desirable to add the name of the Acting Finance Director to the authorized signatures. Now, Therefore, be it resolved by the Council of the City of Kenai, Alaska, that: the Alaska State Bank, Kenai Branch and/or National Bank of Alaska, Kenai Branch, and/or First Federal Savings Bank, be designated as official depositories of municipal funds, and; two of the following officials of the City of Kenai will be required as signators on the various accounts of the City. and one of which must be the City Manager's or the Acting Finance Directors. Roland D. Lynn, City Manager; Susan Cartwright, Acting Finance Director; and2illian Hakkinen. Accountant. The Standard Bank Corporate Resolution be authorized (and is hereby made a part of this resolution)." Mr. Lynn advised Council that the main change will be including Susan Cartwright until such time a new Finance Director has been selected. It is mandatory that the City have three authorized signatures. NOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for the ;;.;; ,. 91 of Resolution No. 76-8. Establishing depositories for municipal funds and establishing the authorized signatures for depositories or withdrawing of Ands from said depositories. Motion passed unanimously by roll call vote. 1W I KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 8 G-5: Lease of City owned lands - Peninsula Oilers ` Mr. Lynn stated that Administration had drawn up the lease and both the City and the Peninsula Oilers had reviewed it -- certain changes made and incorporated and the Oilers feel that the lease as presented is acceptable, however, Mr. Lynn noted that Attachment A had been inadvertently omitted from the lease. This Attachment A included the development plan that should be part of the lease. MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, that the matter of the lease of City owned lands for the Peninsula Oilers be tabled until the next regular meeting of the Council and that Attachment A be forwarded to the Council for their review prior to the meeting so that it will be taken into consideration with the lease. , Motion passed unanimously. ` G-6: Peffram FBI School Contract Mr. Lynn advised that this had been a situation which had gone unresolved _ for some time and both Mr. Pegram and the City would like to reach some conclusion on the matter. Mr. Pegram enrolled in a three month course of study at the FBI Academy beginning September 8, 1974 and the City agreed to continue to pay him his regular monthly salary for this three month period. Mr. Pegram agreed to continue in his employment with the City of Kenai for a term of at least two years unless such employment was cooper terminated by the City. If Mr. Pegram left the City before the two year period he agreed 1 to reimburse the City for all or part of his salary per the following schedule: 100% - less than 6 months; 75% - six months but less than 12 months; 50% -12 months but less than 18 months; 25% - 18 months but less than 24 months; and 0% - 2 years or over. Mr. Pegram terminated employment with the City of Kenai on Aliril 18. 1975. In accordance with the contract between the City and Mr. Pegram dated September 6, 1974, Mr. Pegram owes the City El 75% of the salary paid to him for the months of September, October and November, Y ' 1974 - $4,189.50. According to City records, Mr. Pegram accrued annual leave ' at the rate of 14 hours for the first two years and 16 hours thereafter until his resignation. At the time of his resignation, Mr. Pegram had accumulated I 215 hours of leave time, therefore, the City owes him the following amount: ,i $2,408. Mr. Pegram believes that in accordance with an agreement he had with Mr. Glotfelty, former City Manager, that he should have accrued leave at the rate of 20 hours per month as Mr.Glotfelfy had advised him that he would receive j 30 leave days per year. Computed at this rate, the City would owe Mr. Pegram 409 hours accrued leave at his salary rate at the time of his resignation would amount to $4,580.80. The difference between the amounts which Mr. Pegram _ owes the City and the amounts which the City owes Mr. Pegram would be as follows: If leave to computed at 14 and 16 hours, Mr. Pegram owes $1,781.50. If leave is computed at 20 hours, City owes Mr. Pegram $391.30. 1 KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 '�— PAGE 9 j� 1 City Attorney, Janis Williams, advised the Council that the Personnel Regulations were unclear as to the definition and reference made to the employee and department head. It does imply. therefore, that the department head does not come under the u. Inition of wi loyee. Councilman Sweat asked what the present policy of department heads accruing leave - is it 14 and 16 hours? Miss Williams advised that the present practice is that the City Manager and all department heads are under the present Personnel Rules that entitle them to accrue at 14 and 18 hours per month. Councilman Hudson asked that Mr. Pegram speak before the Council and advise what he feels would be a fair and equitable resolution to this matter. Mr. Pegram stated that when he was hired. Mr. Glotfelty had advised that he would receive 30 days leave per year. This was a verbal commitment but Mr. Pegram stated in his opinion he felt the City should honor this agreement made by the former City Manager. Mr. Pegram further stated he felt an equitable settlement would be the $391.30. Mayor Elson asked if during his employment, did Mr. PegraM know of any other employees receiving the 30 days leave per year and Mr. Pegram stated that he had contacted former Chief Wisecarver and Mr. Wisecarver was under the Impression that he too received 30 days/year. Councft&n Hudson asked if Mr. Pegram would consider a "straight across swap with aero as the bottom figure?" Mr. Pegram advised that at this time he could not accept this type of settlement. Mr. Lynn advised that Marshall Mahurin would verify that he heard the statement from Mr. Glotfelty concerning the fact that Mr. Pegram was receiving 30 leave days per year. City Attorney williams stated that perhaps it should be taken into consideration if Mr. Pegram is paying back money for time (percentage of salary to be reim- bursed to the City) would Mr. Pegram also be accruing annual leave during this time (salary) that is to be reimbursed to the City? Councilman Morgan inquired if the City Manager could arbitrarily set leave? Mr. Lynn advised it is implied that he could because of they way the Personnel Manuel is written. Mayor Elson directed the City Attorney to recalculate the figures taking into consideration both the annual leave accrual and the salary. M#ss Williams advised that if figured in this way, Mr. Pegram now owes the City of Kenai $100. Mayor Elson asked if Mr. Pegram would reconsider based on the new calculation that he owes the City $100? Mr. Pegram stated that due to the 1 t fact he has to return to work on the North Slope this weekend, he would reconsider and would agree that the matter was settled and no Further monies were owing. Therefore, the City of Kenai did not owe Mr. Pegram and Mr. Pegram did not - - owe the City of Kenai. f A .. c ' f _ I .f; .d I - �r ".I KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 10 MOTION: Councilman Hudson moved, seconded by Councilman Ambarisn, that the City of Kenai consider the written terms of the agreement with Mr. Pegram dated September 6, 1974, fulfilled as the agreement has been satisfied and that Mr. Pegram's claim for leave is paid in fun subject to the signing of the mutual release by both the City of Kenai and Mr. Pegram as drawn up by the City Attorney. Motion passed unanimously by roll call vote. G-7: Extension of date/development plan - Soapy Beaver Car Wash Mr. Lynn advised the Council that at the signing of the lease on July 1, 1975, Mr. Britt, in his development plan, stated that a 38' x 28' concrete block burg would be set up within three to six months following signing the lease. The time limit for the proposed developments expired January 1, 1976, and as no developments have been made on the property, Mr. Britt is asking for an ; extension for construction until August 1, 1976, a seven month period. Mayor Elson, with consent of Council. permitted Mr. Britt to speak before the Council. Mr. Britt advised that he had stopped an plans for development when he received a call from a bank in Anchorage who was interested in his property . Mr. Britt then entered into negotiations for them to take over his lease. However, he recently received a call from the First National Bank advising that they were no longer interested in Mr. Brittle property and, therefore, Mr. Britt was once again interested in resuming his development plan for the car wash. Councilman Hudson advised Mr. Britt that it has been the position of Council not to approve the sublease or consent of assignment of lease on any City owned leased raw land. Also, it was not the policy of the City to allow speculation by the Lessee. Councilman Morgan asked for an explanation of the bank's interest in City lands from Administration. Mr. Lynn advised that the First National Bank had approached the City looking for a suitable location an which to build a branch office in the area. The City did, at this time, advise representatives from the bank, the availability of certain lands that could be leased. MOTION: Councilman Hudson moved, seconded by Councilman Ambariaan, that the City allow Robert Britt d/b/a Soapy Beaver Car Wash to extend the date of development plan until June 30. 1976, with no renewals unless development plan is implemented and authority is hereby extended to Administration to draft an amendment to the development plan to be signed by City Administration and Mr. Britt. Councilman Ambarian advised that he would abstain from voting as he had done consulting work for Mr. Britt with regard to the development plan of the oar wash. Motion passed unanimously by roll call vote with Councilman Ambarian abstaining. A MMU CITY COUNCIL. REGULAR MEETWG, FEBRUARY 18, 1976 PAGE 11 G-8: Bid Tabulation - Tires and wheels for Cftv Dump Trucks Mr. Lynn advised that the bids had Just been received and 00 tabulation made Ime this afternoon. Admmumrauon did recommend that Council accept the bid from the American Tire Warehouse an the tires only In the amount of MOTION: Councilman Ambarign moved, seconded by Councilman Sweet, that Council approve the bid as submitted by American Tire Warehouse for their bid on tires only in the amount of $4,509.68. Modon passed unanimously by roll call vote. H. REPORTS U-L- City Manager's Report (a) Mr. Lynn reported that he had received a telephone call in the afternoon from the ISO office and they advised that the City had been granted the 8 Fire Rating for the outlying areas. The effective date would be February 21st Mr. Lynn will receive written notification which will outline the wcact areas which will be affected. (b) The City received word from the State Division of Aviation that the State would make available to the City Of Kenai funds for a planning grant On the airport. The FAA wi11.fund 75%. State 15% and the City will pick up 10%. Mr. Lynn requested that Council meet with the Planning a Zoning Commission Wednesday evening. February 25th, at 7: 30 p.m., in the Public Safety Building to review the Airport Comprehensive Planning study. (a) Warm storage Facility - the contractor is working on the facility and be banging the doors this week. Councilman Morgan asked If the City had a contract on the construction of the warm storage facility and 14r. Lynn advised that there was not. Mr. Aber. Public Works Director, wMlsined that In a job such as this one two different parties were Involved, one party for the SOW construction of the building and one party for purchase of the building A contract would require bonding which would be prohibitive In cost. Therefore, this alone would probably double the cost of the project. Mr. Aber further advised that he has discussed the situation with the City Attorney and they are working on a simple agreement (escrow. etc:) that can be utilized for projects of this stature. A M, I =- HENAI CITY COUNCIL, REGULAR COUNCIL MEETING, FEBRUARY 18, 1078 PAGE 12 i Councilman Morgan asked what type of building the City was getting construction -wise and was advised by Mr. Aber that some of the construction will have to be re -done but once this is accomplished the City will have an acceptable building. Councilman Morgan also inquired if the present contractor were licensed and Mr. Aber stated he would check on this and report back at the next meeting. - (d) Mr. Lynn advised that the City would have the budget calendar out by Friday. Administration is hopeful to have the budget adopted by the first part of May this year. (e) Citizen Complaint report revolves around snow removal and animal control complaints. Councilman Ambarian asked Administration what the final plans are for animal control. Mr. Lynn advised the City was sponsoring a rabies clinic on February 19th and 201h. At this time, the City has no facilities for holding animals impounded, etc. Councilman Ambarlan dated in his opinion a date should be set for some type of , .. g,...,— using the funds budgeted and those citizens calling in should be given some type of date that this program will be Implemented. H-2: City Attorney's Report Miss Williams advised the Council that she had investigated Senate Bill 539 and found that 10% of the tax collected from fish processors in the City was remitted to the City (this is a 3% tax to the processor) . Councilman Morgan directed the City Attorney to prepare a resolution opposing the new legidation- 8-3: Mayor's Report Mayor Elson reported to the Council that he had contacted Pir. Galliett, Engineer for the water project, and encouraged him to get the project underway. Mayor Elson advised that he had traveled to Juneau and attended OCS meetings and also attended the hearing on the Cook Inlet land swap. Also visited the office of the Commissioner of Community and Regional Affairs and reviewed the print-out as to actual revenue sharing. Total dollar figure a little more than last year -- Kenai shows it will be receiving the some as last year. With regard to Coastal Zone Management, it appears close to the present bill. However, planning recommended wording stronger in that local government has zoning authority. OCS - Governor quite likely to file against the Federal Government to postpone sale for a couple of years. On local level, the Mayor advised that he had meetings on OCS planning money and there will be approximately $300,000 this year for planning for the anticipated communities that will be impacted. Mayor Elson also met with Mr. Richard Engen, State Director of Libraries, who advised that they have not received any bills ftw the City for the construction of our library. The Mayor directed the Finance Department to proceed with the proper paperwork. V ; — f ' d UNAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1976 PAGE 13 i Mayor Elson also advised that Kenai will be the site of the next meeting of the Municipal League Board of Directors. This meeting will be held August 6th and 7th at the Sheffield Nouse. Mayor Elson reported further on various bills before the Legislature and of his meetings with Senator TMIon and Representative Malone. Mayor Elson learned that bills are before the Lure for 50% State tending for water/sewer construction. 11-4: C_ yt Clerk's Report None 9-5: Finance Director's Report H-6: Planning a Zoning Commission's Reeort Councilman Ambarian reported that at the last meeting of the Commission, a joint public hearing was held with the Borough Planning Commission. Before both commissions was an application for zoning change at the corner of Forest Drive and Redoubt Boulevard. Kenai Planning Commission voted unanimously against the granting of the zoning change. The Kenai Peninsula Borough Commission - also voted against the zoning change. Also before both Planning Commissions was the matter of the extraction of natural resources. Both Kenai Planning Commission and the Borough Planning Commission voted unanimously for 140 , 1. H-7: Kenai Peninsula Borough Assemblv's Report Councilmen Hudson reported that Ordinance 76-1 concerning rezoning in Seward was postponed. Ord. 76-9, making supplemental appropriation of $240,000 to capital projects from the Federal Revenue Sharing Trust Fund . for construction on Borough Office Building passed for Introduction. Ord. 76-10 providing for selection by Assembly of an acting assembly member to fill a vacancy for areas outside of first class cities passed set for hearing. Ord. 76-12, regarding the new Seward High School passed for hearing. 9 Mr. Red Smith made a public presentation in which he chastised the Borough for not opposing strongly enough the action on the Harding Ice Fields -- Mr. Smith protested the government "looking it up". The School'Board budget was presented. Other business presented included two resolutions, one expressing continuing opposition of the Kenai Peninsula Borough to the 3 Harding Ice Field/Kenai Fjords National Monument Proposal (DES 73-86 -- and Res. 76-6, authorizing expenditures from the Capital Projects Fund to Proceed with the architectural design and related costs through the construction phase for the renovation of the 1950 building and the 1956 building of Homer r Schools. j " 1. -- - ---- _.y -- -- --- • •- - ft r, l KENAI CITY COUNCIL, REGULAR MEETING, FEBRUARY 18, 1978 PAGE 14 Mr. Ben Delahay Submitted his resignation as Borough Attorney to the Assembly. 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1-l: Mr. Phillip Aber, Public Works Director Mr. Aber spoke in regard to the proposed construction of Forest Drive which the State Highway Department will begin this spring -- Yr. Aber reported that the sewer line that parallels Forest Drive does not pose much problem, however, the water line is another problem. The water main runs down the center of the road to the Sears Elementary School. At this point it becomes a distribution to woodland S/D. In Mr. Aber's personal opinion, the lines are much too small and new lines should be installed. Estimated cost of the Project would be $50-80,000. Councilman Hudson asked if it were possible for the Public Works Department to draw up the exact needs and present the report to Council. Councilman Ambariau suggested that it might be less costly to have the contractor doing the road work for the Highway Department do the construction for the City at the same time. Mr. Aber agreed with Councilman Ambarian, however, there was a question as to where the funds would be derived from for this project. Administration/Public Works/Finance will submit a report to the Council regarding this situation. 1-2: Mrs. Ruby Coyle Mrs. Coyle inquired as to the status of the street naming and house numbering project that was started some time ago? Mr. Lynn advised that the Fire Department is presently bringing the project up-to-date. 1-3: Mr. Arthur Evans Mr. Evans requested Council immediate reconsideration on item P-1, Council selection of a new Council member. Mr. Evans stated that in his opinion he did not feel the City government is functioning to its fullest capacity with one person short on the Council. Mr. Evans further stated that this matter had been tabled for the last three months and there appeared to be a split with each vote and there is two factions which vote the same each time. Mr. Evans suggested that these two factions sit down and make out a list of names they both feel suitable. Upon completion of the lists, compare the two and match up names that both sides feel they can agree upon and select from there. Council was in unanimous concurrence not to reconsider the matter at this time. There being no further business of the Kenai City Council, Mayor Elson adjourned the meeting at 10:45 p.m. Respectfully bmitted, e C. Peter, City Clerk 0 LF.Al3P THIS A(1R"..W..NT, entered into this day of "r+roh, 1978 by and between the CITY OF KENAI, a home -rule municipal corporation of the State of Alaska, hereinafter called "City", and xFNAI PP.NINSM A MLP.RS BASEBALL. INC . , an Alaska nonprofit corporation, hereinafter called "Oilers". WITNESSETH that: WHEREAS, the Council of the City of Kenai, Alaska has set aside Govern- ment Lot 4, Section 3, Township 5 North, Range 11 West, Seward Meridian for recreational purposes, and i 4 WHEREAS, Oilers desire to build upon such lot a field on which to con- duct amateur baseball games, and WHEREAS, in return for the lease of such lot at no charge, Oilers are } willing to improve the lot solely for recreational purposes and to allow public use of the lot at Oilers discretion, except during and just prior to the regular season of their baseball team, NOW, THEREFORE, in consideration of the performance of all of the covenants herein contained by Oilers, City does hereby demise and lease unto Oilers the following described property in the Renal Recording District, State of Alaska, to wit: Government Lot 4, Section 3, Township 5 North, Range 11 West, Seward Meridian I. Term The term of this lease is fifty-five (55) years, commencing April 1, 1978 and ending March 31, 2031. 2. Pa eat No mon amount shall be paid by Oilers, except assess - y ments for public improvements. Consideration for the lease shall be the construc- tion of improvements to accordance with paragraph 5 hereof. 3. Right of P.ntry Right of entry and occupancy is authorized as of the lot day of April, 1976. 4. Assessments Assessments for public improvements benefiting the property in the amount of $2,855.25 are presently owing. Oilers may pay entire amount owing upon execution of the lease or, at its option, may pay over a seven-year period ending April 1, 1983 under the terms hereinafter specified: (a) Oilers shall make an installment payment of $548.41 on or before April i of each of 1977, 1978, 1979, 1980, 1981, 1982 or 1983. (b) If annual installments are not paid on or before the dates due, Oilers shall pay a one-time penalty charge often percent (10$)on each annual installment or portion thereof which is past due. (e) Oilers shall pay an additional eight percent (80 nor annum delinquent interest charge on the principal portion of each annual install- ment or any part thereof which is past due. (d) Oilers may pay off any amount of the assessment at any time with interest only to the date of payment and without additional penalty for early pay-off subject to (a) to (c) above. OC F, u Inn as Nn 11 II III ..I .� -�� •. .u..•-- �- — .� -=-- - _ra S. Improvements. nilers shall construct improvements in accordance with the development plan which is attached hereto as Schedule A. ronshouetion shall be neat and presentable and compatible with its use and surroundings. Failure to construct such improvements in accordance with the timetable set out in Schedule A shall be considered a breach of the lease iWid subject Oilers to the remedies set out in .paragraph 9. All improvements made by Oilers on the demised property shall become the property of the City upon expiration of the term fixed or upon termination of this lease for any reason. Prior to placing of fill material and/or construction of improvements as specified In Schedule A. the Oilers shall submit detailed construction specifications of improvements to the City Administration for their written approval for all Improvements. S. Use of Premises. Oilers shall use the demised premises for pro- motion and operation of baseball and other sports and related recreational acti- vities. In that connection they are authorized to have the exclusive use of the premises during the regular season of the Peninsula Oilers and for three weeks prior thereto or such other amount of time as may be necessary to prepare the premises for the regular season. At all other times the premises shall be open for use by the public, with prior consent of the Board of Directors of Oilers. The Oilers may, at their discretion, impose reasonable requirements upon persons or organizations for use of their facilities with regard to certain items Including but not limited to, insurance, cleanup, use times and maintenance. 7. Maintenance. filers agree to keep the demised premises clean and in good order at its own expense, suffering no strip or waste thereof, nor removing any material therefrom, without written permission of the City. Oilers agree to maintain any improvements placed by them on the demised premises. 8 . Uses Not Contemplated Prohibited. Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise, i other than as specifically set forth herein, without written consent of the City is prohibited. 9. Right of Entry. Should default be made in any of the covenants or conditions contained in the Lease, the City may re-enter and take possession of the premises, remove all prsons therefrom, and upon 30 -day written notice, terminate the Lease. Upon expiration of the term fixed, or any sooner determina- tion of the Lease, Oilers will peaceably and -quietly quit and surrender the pre- miges to the City. 10. Right of Inspection. City shall have the right, at all reasonable tithes, to enter the premises, or any part thereof, for the purposes of inspection. . 11. Insurance Oilers covenant to save the City harmless from all actions, , suits, liabilities or damages resulting from or arising out of any acts of commission or ommission by Oilers, its agents, employees, customers, invitees, or arising from or out of Oilers' occupation, or use of the premises demised, or privi- leges granted, and to pay all costs connected therewith. In this connection, Oilers agree to arrange and pay for all of the following: (a) Public liability insurance protecting both the City and/or its agents and Oilers, such insurance to be evidenced by a certificate showing the insurance in force. The amount of such public liability insurance shall have limits not less than those known as $300, 000.00 per occurrence/personal injury; $100,000.00 per occurrence/property damage. (b) Oilers agree to carry employer's liability insurance and workmen's compensation insurance, and to furnish a certificate thereof to the City. t 1 -2- i It F 1 cam- imu Jim 1 11 I III (c) Insurance contracts providing liability insurance and Workmen's Compensation insurance, shall provide for not less than thirty (30) days written notice to the City of cancellation or expiration or substantial change in policy conditions and coverage, i (d) Oilers agree that waiver of subrogation against the City shall be requested of Oilers' insuror, and shall be provided at no cost to the city. (e) It is understood and agreed that the insurance afforded by this policy or policies for more than one named insured, shall not operate to increase the limits of the company's liability, but otherwise shall not operate to limit or _ void the coverage of any one named insured as respects claims against the same named insured or employees of such other named Insured. f 12. Special Services Oilers agree to pay City a reasonable charge for 1 any special services or facilities required by Oilers in writing, which ser - vim or facilities are not provided for herein. 13. No Partnership or Joint Venture Created. It is . r., .9 , I & 4 sly under- + stood that the City shall not be construed or held to be a partner or joint + venturer of Oilers, in the conduct of business on the demised premises; and it is expressly understood and agreed that the relationship between the parties hereto is, and shall at all time remain that of landlord and tenant. 1 19. Reasonable Operations This Lease is subject to cancellation H Oilers do not maintain such oeprations as the City in its sole discretion shall determine to be reasonable, or if Oilers fail to maintain a staff or facilities suinaient to reasonably execute the purpose for which this Lease is granted. 15. Fair Operations This Lease is subject to cancellation if Oilers fail to furnish such service on a fair, equal and not unjustly discriminatory basis to all users thereof, or fails to charge fair, reasonable and not unjustly dis- orlminatory prices for its events, and other goods and services. S • , 1 18. Controls to Prevent Aiscrimination. City reserves the right to approve all charges and privileges extended to or withheld from the public, in order to insure reasonable charges and prevent possible discrimination or segregation on the basis of race, color, creed or national origin, or for any other related reason. 17. Financial Statements. Oilers shall furnish to City, upon request, copies of financial statements for any fiscal year. 18. Non -Assignment. Oilers agree not to assign this Lease or any part, not let, nor sublet, either by grant or implication, except as provided in paragraph 8 hereof, the whole or any part of the premises without written j consent of City. 19. Improvement Renegotiation. In the event this Lease is for a term ' in excess of five (5) years, the development plans specified herein shall, at the option of either party, be subject to review and rehegotiation for increase or decrease of development at intervals of two (2) years from the let day of j -. July preceding the effective day of this Lease. Portions of the development plan may be changed or postponed for specified periods only with the written consent of the City. Such consent shall not be given until the Council of the City of Kenai has approved the changes. ' I i .t IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, i the day and year stated in the individual acknowledgments below. CITY OF KENAI By Roland D. Lynn -3- City Manager' r J . - T I. STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) i On this day of March, 1976, before me personally appeared Roland D. Lynn, known to be the person who executed the above Lease, and acknowledged that he had the authority to sign, for the purposes stated therein. NOTARY PUBLIC FOR ALASKA My Commission Expires: NEW PENDISULA OILERS BASEBALL, INC. By STATE OF ALASKA ) )as. THIRD JUDICIAL DISTRICT ) On this day of March, 1976, before me personally appeared known to be the person who executed the above Lease and acknowledged that be had the authority to sign the same, for the purposes stated therein. NOTARY PUBLIC FOR ALASKA My Commission Expires: -4- - .` '. . ' - II I I I IIA � ii �• SCHEDULE A I f1976 DEVELOPMENT PLAN (1) A minimum 3/4" water line will be installed from City water main to property for water usage. � (2) The Oiler baseball diamond, parking lots and roadways for entrance and exit will be cleared of overburden, and leveled and graded to standard. v (8) The two Little League baseball diamonds will be cleared of overburden and leveled. i (4) Oilers diamond will be planted with grass. 1977 DEVELOPMENT PLAN (1) The Oilers baseball Sell will be r.,, 6-- — ed (rototilled and replanted) . (2) Gravel fill will be hauled in for the parking lots and roadways. J (8) Backstops, fences, bleachers, box seats and a press booth will be constructed for use on the Oilers filed. (4) Two Little League diamonds will. be rototilled and planted with grass. (5) The Oilers outfield would be available this fall season for use as a football field for Little League. 1978 DEVELOPMENT PLAN (1) A permanent snack bar and rest room facilities would be constructed on the Oilers field. (2) Backstops would be constructed for the 2 Little League diamonds. 1979 DEVELOPMENT PLAN t � All permanent structure construction started in 1978 for Oilers field would be finished in 1079. I 1980-85 DEVELOPMENT PLAN Start construction of an oilers Clubhouse and any major improvements Planned for the Oilers field. . r i I� I l01 - i CITY OF KENAI, ALASKA RESOLUTION NO. 76-9 • i# A RESOLUTION REQUESTING THAT THE ASSEMBLY OF THE KENAI PENINSULA 13OR0UGH PASS AN ORDINANCE APPROVING ORDINANCE NO. 289-76 OF THE CITY OF KUM, ALASKA, WHEREAS, the Council of the City of Kenai expects to pass Ordinance No. 289-76, a copy of which is attached hardto, at their meeting of March 3,1976, and WHEREAS, AS 29.49.037 states that before the power asserted in Ordinance 289-76 may be exercised by the City of Kenai, within the boundaries of the Kenai Peninsula Borough, the approval of the Kenai Peninsula Borough Assembly must be given by ordinance. NOW, As,"" DRE, BE IT RESOLVED by the Cow ICU of the City of Kenai, Alaska, that the Assembly of the Kenai Peninsula Borough to hereby requested to pass an ordinance approving Ordinance No. 289-76 of the City of Kenai, Alaska. Passed this day of 11976. CITY OF KENAI, ALASKA JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk 1 j� 1 I �i 1 a ----------------- - - ------ -- - - -- - - -- --------- CITY OF KENAI ORDINANCE NO. 290-76 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE 1976 KENAI MUNICIPAL AIRPORT REGULATIONS WHEREAS, these regulations will serve as the regulator power for the Airport Manager or his designated repsesentative, and WHEREAS. prior regulations were adopted by the Airport Advisory Commission and have since become outdated, and WHEREAS, these regulations, as amended, are a necessary tool in the -- proper management of the Kenai Municipal Airport. NOW@ OR:., BE IT RESOLVED by the Council of the City of Kenai. A1adga, that the 1976 Kenai Municipal Airport Regulations are hereby adopted as the regulatory authority in the management of the Kenai Municipal Airport. Dated this day of .1976. ATTEST: _ Sue C. Peter, City Clerk , f._ { 1 t ` 1 f f` II t/ 1 CITY OF KENAI, ALASKA JAMES A. ELSON, MAYOR FIRST READING: SECOND READING: EFFECTIVE DATE: ,,,. , A n 1 CITY OF KENAI. AIRPORT REGULATIONS Under the authority granted in 29.48.0300 (1972) Alaska Statutes, and pursuant to the provisions of Ordinance 48, Section Four, of the Code of Ordinances of the City of Kenai, the following Regulations are hereby promulgated governing the conduct of all persons visiting or using the facilities of the Kenai Airport and all vehicles, structures, property and aircraft on the premises. The penalty for violation of any Airport Regulations shall be as prescribed in the Kenai Code of Ordinances, unless otherwise provided herein. These Regulations alsoovern the conduct of all persons flying within a five (S# mile radius of the Kenai Airport unless exceptions are specifically provided in the Federal Aviation Agency Regulations, or unless exceptions not in conflict with the Federal Regulations, are authorized by the Airport manager. i I mill 1 11 111 all II i' 1.000 DEFINITIONS AIRCRAFT signifies any contrivance now known, or hereafter designed, invented, or used for navigation or flight in the air, except parachutes and other contrivances used primarily as safety equipment. i AIRPORT MANAGER refers to the official to whom the City ; Manager of the City of Kenai has delegated the responsibility } of managing and directing the activities of the Municipal Airport, and who is accountable to the City Manager for the performance of his duties. , AVIATION OPERATOR refers to any person or organization engaged in business of an aviation nature having authority to conduct such business at the Municipal Airport by virtue of a contract or lease with the City of Kenai. CITY shall mean the City of Kenai, Alaska. CITY MANAGER refers to the official to whom the Kenai City Council has delegated the responsibility of managing and directing all activities of the City of Kenai. EMPLOYEE refers to any person employed by the City of Kenai ; and acting under the supervision and direction of the Airport Manager. _ FIELD AREA is that area within the boundaries of the Kenai 1 Municipal Airport designated for use by aircraft only, Including aircraft parking areas, Airport land which is 1 posted or fenced, all being within the official boundaries of the Municipal Airport and designated by the Airport Manager as the Field Area. FIRE DEPARTMENT refers to any employee of the City of Kenai Fire Department or their representatives as authorized by the Department Chief or the Airport Manager. FUEL TENDER refers to any vehicle used for the transporting, .. "` handling or dispensing of gasoline, kerosene, oil or other fuel or lubricant. MOTOR VEHICLE refers to any self-propelled vehicle, not ` including aircraft, which may be used as a mode of transportation. MOBILE EQUIPMENT refers to any vehicle, equipment or device which is not self-propelled and excludes any aircraft. - - MOVEMENT AREA refers to that area of the Kenai Municipal Airport controlled by the Federal Aviation Agency Control Tower, and which includes any approachways, runways and taxiways. i 1 • KENAI MUNICIPAL AIRPORT is the name given to the airfield of the City of Kenai and is hereafter referred to as the AIRPORT. NOTAM signifies an abbreviation for "Notice to Airmen", published and distributed to pilots and others concerned with aeronautical operations calling attention to special airport or flying restrictions or conditions. PERSON refers to any individual, firm, partnership, corporation, company, association, joint stock association or body politick and includes any trustee, receiver or assigned representative thereof who will be responsible to adhere to any restrictions, limitations or rights covered within these regulations. POLICE refers to any employee or authorized agent of the City of Kenai Police Department or any authorized agent or represen- tative of any State or Federal Police Department or organization maintaining or regulating police enforcement powers. PUBLIC AREA refers to that space within the boundaries of the Kenai Municipal Airport devoted to roadways, walkways, designated parking or service areas of airport structures, including both municipal and lessee buildings, and that area occupied and used by airport concessions serving the public. 2.000 AIRPORT MANAGER AUTHORITY AND RESPONSIBILITY - 2.010 Compliance with these Regulations will be enforced by the Airport Manager or his authorized representative, as the person employed and authorized by the City of -- Kenai to manage and supervise the operation of the Kenai Municipal Airport. All persons on any part of the property comprising the Airport shall be governed by the regulations prescribed herein and by orders and instructions appertaining thereto issued by the Airport Manager. 2.020 In the event of any contingencies not specifically covered by these Regulations, the decision of the Airport Manager shall be final, subject to appeal to the City Manager. 2.030 In addition to members of the Police and Fire Departments, the Airport Manager is authorized to require compliance with these Regulations. No authority is either hereby expressed or implied, however, that would permit any individual or agency other than the City to change, amend, or mitigate these Regulations. 2.040 The Airport Manager may remove or eject from the Airport premises any person who knowingly and willfully violates any Regulation set forth in this document or any order a 11 ' . _ _ --- - -a- . -•T.. �s.� - _ .-_._ _ - i - _ _ -" — as .s rr_a-o . , e .rte _ .._ _ _ _ _ - ..�......�._ _ ...t . _ .- —..yr' _ _ _— , . -. air J T!-�eY:-.-..•---�6__ _ -- __ __ ' ^ _ — __ •I 11 I I I II 11111 III I I 11��••1 S or instructions issued by the Airport Manager under the authority of these Regulations, and he may deny use of the Airport and its facilities to any such person if he determines that such denial is necessary under the circumstances. 3.000 AERONAUTICAL ACTIVITIES 3.010 Aeronautical activities at the Airport, and all flying of aircraft departing from or arriving in the airspace above the Airport shall be conducted in conformity with current provisions of the Federal Aviation Agency Regulations and orders issued by the - - - Regional Director or Facility Chief at the Kenai Airport not in conflict with said regulations. -- - 3.020 In the event that any person shall show intent to board -" and/or operate an aircraft while he is physically incapacitated or mentally irresponsible by virtue of intoxication or the effects of drugs, or if any person shall attempt to board or operate an aircraft illegally, it shall be the duty of the Airport Manager, Airport _ employees and Aviation Operators to restrain in any manner necessary such person from performing such activities. 3.030 In the event any person commits an act contrary to ' these Regulations and such act is witnessed by a Flight Service Specialist or Flight Controller Technician, it shall be the duty and privilege of the Facility Chief or Flight Service Specialist, or other person witnessing the transgression, to report such act to the Airport i Manager immediately for prompt punitive action. 3.040 Special notices of items of interest to persons engaged in business with the City in respect to the Municipal 2 Airport shall be issued under the authority of this section at such time and in such a manner as the Airport t Manager deems necessary. ` 3.050 In the event the Airport Manager believes the conditions of the Airport to be unsafe for landing or take -off, it shall be within his authority to issue a NOTAM closing the Airport. When the Field is again usable the Manager '. will issue another NOTAM to that effect. 3.060 All disabled aircraft and parts thereof on the Airport ^' runway and taxiways shall be promptly removed from the Airport by the owners unless such removal is required or --` directed to be delayed pending investigation of an accident. 11 i 4.000 VEHICLE OPERATION AND REGULATIONS 4,01.0 No person shall operate any motor vehicle on the Airport otherwise than in accordance with the rules prescribed by the Airport Manager and other applicable laws for the control of such vehicles. 1 4.020 No person shall operate any motor vehicle in areas designated for the use of aircraft without having first obtained approval from the Airport Manager's office. 4.030 No person shall operate motorized equipment of any kind on the Airport unless possessed of a valid operator's license. 4.040 No person shall operate a motor scooter, truck or other motor vehicle in any hangar on the Airport without exhausts protected by screens or baffles, to prevent the escape of sparks or the propagation of flames. 4.OSO No person'shall operate a motor vehicle of any kind on the field area in a reckless manner or in excess of the speed limits prescribed by posted signs. Speed limits shall not exceed 2S miles per hour, except that the speed limit shall not exceed 15 miles per hour in the ramp, apron, aircraft parking and hangar areas. 4.060 No person shall operate a motor vehicle in the field area contrary to the directions of posted signs, except in extreme emergency. 4.070 No person under the influence of intoxicating liquor, depressant, hallucinogenic, stimulant or narcotic drugs, shall operate a motor vehicle on the Airport roads or field area. 4.080 The driver of any vehicle operated in the field area must at all times comply with lawful order, signals or directive of an authorized representative of the Airport, City Police Department or FAA Control Tower. 4.090 During daylight hours all vehicles, which for one reason or another, are authorized to operate on the Field without two-way radio shall be either painted chrome yellow or display a checkered flag not less than two feet square of international orange and white, with checks at least eight inches square. Between the hours of sunset and sunrise such vehicles shall display an overhead flashing red light, which shall be visible from all directions and of sufficient brilliance to be seen under clear weather for a distance of at least one mile with the naked eye. V7 4.100 Emergency conditions existing on the field area will not suspend or cancel any existing Regulations. During such conditions, the driver of every vehicle should make certain that he does not move his vehicle in any direction unless specifically cleared by the FAA Control Tower. 4.110 All motor vehicles shall be equipped with, and use headlamps, rear lamps, stop signal lamps, and other lights as required in the City of Kenai Traffic Code. 1 4.120 No person shall clean vehicles, engines, tools, etc., by use of inflammable material, or repair motor vehicles anywhere in the field area other than in designated areas, except those minor repairs necessary to remove such vehicle from the Airport, nor shall any person move, interfere, or limper with any motor vehicle part, instrument, or tool thereof, without the permission of the owner, or satisfactory evidence of the right to do so duly presented to the Airport Manager. 4.130 The Airport Manager is authorized to tow or 'otherwise move vehicles which are parked by their owners or operators on the Airport in violation of the Regulations of the Airport. The Airport Manager shall have the authority to make a charge against the owner or operator of such vehicle for such towing or moving service, and the motor vehicle so towed or moved shall be subject to lion for such charge. 4.140 Any vehicle without radio that has been permitted to operate on the field will not proceed closer than 75 feet from the edge of the runway, nor cross any runway, prior to being cleared by the FAA -Control Tower. 4.150 No vehicle shall be operated on the Airport if it is so constructed, equipped, or loaded as to endanger persons or property. 4.160 All fuel trucks or tenders shall be positively grounded during all times they are being used to service aircraft or a fueling facility. 5.000 PARKING 5.010 No person shall park a motor vehicle in the field area other than in the areas specifically established for parking by the Airport Manager or Aviation Operators, 2 and in manner prescribed. No person shall park any motor vehicle in excess of time limit prescribed for the particular parking area, nor shall any persons park any motor vehicle in any area requiring payment. r parking thereon without paying the required parking fee. r:- - I II I III I I I I �. • ' � � -- r-�•- -' t _ - _ _ _ _ __ __ _ - _ _ _ S.020 No person shall park an aircraft in any area on the Airport other than that prescribed by the Airport Manager. Aircraft in violation will be impounded. The moving of aircraft for impoundment purposes, or other reason in the public interest, may be performed by Airport employees. Inconvenience or damage that may result from such movement will be at the risk of the owner. 5.030 All aircraft owners parking aircraft in an area designated by the Airport Manager shall register their aircraft with the Airport Manager. 5.040 Transient aircraft under 10,000 pounds shall park at the tail tie -downs on the south terminal ramp apron and aircraft exceeding 10,000 pounds shall park on the north terminal ramp, off the VOR Checkpoint. 6.000 AIRCRAFT REGISTRATION 6.010 New arrivals to the Kenai Municipal Airport shall register their aircraft not more than five days after their arrival at the airfield. 6.020 Aircraft owners failing to register their aircraft with the Airport Manager within the five day period will be charged with improper parking of the aircraft. 6.030 Aircraft owners who fail to notify the Airport Manager of the removal of.their aircraft from the Airport parking areas will be charged as if the aircraft were still there. 6.040 All commercial operators of aircraft operating from the Kenai Municipal Airport shall register each aircraft with the Airport Manager. Such registration may be by mail and must show the aircraft take -off weight, along with the name of the registered owner and his/her correct address. Surh notice shall be given before such commercial opera- tions shall commence operation. ..1 7.000 ACCIDENTS 7.010 Persons involved in aircraft accidents involving personal injury, or property damage in excess of $100.00 occurring on the Airport shall make a full report thereof to the Airport Manager's office and to the Federal Aviation Agency as soon after the accident as possible. Said report shall -. include names and addresses of persons involved and of any witnesses. 4r- —sem — :� - T �_ _� Y _ • - __ _- '-_- _mss..-�: c.<�ers�.'�: '� .— _ _ .._ _.. ___ _ _.�_r�.r ... .-ate ..,. - ...... �..._...� ....-......_. . r,. _ .._-•__ 7.020 Any person damaging any light, fixture, or other Airport property by means of contact with an aircraft or any other means. shall report such darage to the Airport Manager's office or Flight Service Station personnel immediately and shall be fully responsible for any costs required to repair the damage or replace the damaged item. FAA Control Tower personnel will report any incident of damages upon the failure of an aircraft operator to do so. 8.000 AIRCRAFT OPERATION 8.010 Aircraft shall not be warmed up or run in prolonged engine test operations in any area that would result in a hazard to other aircraft, persons, or property. Under no circum- stances shall prolonged engine test operations be permitted without either a competent operator at the controls, or the aircraft securely tied down at both wings and tail, with barricade around the entire perimeter of the propeller area. 8.020 All aircraft operating on the Kenai Municipal Airport must bear current airworthiness certificates issued by the Federal Aviation Administration. 8.030 No aircraft shall be operated on the Airport regularly unless it is equipped with tail or nose wheel, and wheel brakes, or skis when conditions permit, except with the permission of the Airport Manager. 8.040 Instrument approach procedure at Kenai Municipal Airport shall be the procedure as specifically authorized by the Regional Director, Federal Aviation Agency. 8.050 All student pilots, prior to making their first solo flight must have made a visit to the Flight Service Station while traffic is in progress, observing traffic and Flight Service Station procedures. Each student pilot will ask the Flight Service Specialist to make the appropriate entry in his log book to verify compliance with this requirement. 8.060 Airplanes taking off and landing at the Kenai Municipal Airport will follow the rules and regulations established by the Federal Aviation Administration. 8.070 Airplane taxiing shall conform to the attached taxiing diagram. 8.071 Taxiing shall be done straight down the runway, after touchdown and aircraft shall turn onto the first exit taxiway. 8.072 Turns of 180 degrees on the runway are expressly prohittited except by FAA Control Tower approval. 1 - IF�: f • 1 8.080 All helicopters carrying sling loads must fly a course away from areas congested with aircraft and buildings, with prior approval and direction from FA.R Control Tower. 8.090 Helicopter landings and take -offs at places other than those formally designated for regular and repeated use must be cleared by the Airport Manager or his representative. Emergency operations will be as directed by FAA personnel. 8.100 No person, on a regular basis, shall repair an aircraft, aircraft engine, propeller, or other aircraft equipment on Airport property unless he is employed by, or doing business as a fixed base operator on the Airport, nor shall repairs be made in any area other than that specifically designated for such purpose. 9.000 GENERAL 9.010 No person shall, without the permission of the Airport Manager: 9.011 Destroy, injure, deface or distrub in any way, any buildings, signs, equipment, marker or other structure, tree, flower, lawn or other property on the Airport property. 9.012 Alter, make additions to, or erect any building or sign, or make any excavations on the Airport without the consent of the Airport Manager. 9.013 Wilfully abandon any personal organizational property on the Airport. 9.014 Enter the Airport movement area or ramp. 9.020 No person shall interfere with, tamper with, unlawfully remove, or injure any part of the Airport or any of the equipment thereof. 9.030 No person shall knowingly or wilfully make any false statement or report to the Airport Manager or to any Airport employee. 9.040 No person shall interfere or tamper with any aircraft or put in motion the engine of such aircraft, or use any aircraft, aircraft parts, instruments or tools, without permission of the owner or by specific direction of the Airport Manager. J 9.050 No person shall enter any restricted area posted as being closed to the public except as may be permitted by these - regulations. = 9.060 No person shall enter upon the field area except: a. Persons assigned to duty therein. b. Authorized representatives of the Airport and Federal Aviation Agency. c. Persons authorized by the Airport Manager. - d. Persons, under appropriate supervision, entering the - area for purposes of embarkation and debarkation. 9.070 No person shall engage in any business or commercial activity --- of any nature whatever on the Airport except with the approval of the Airport Manager, and under such terms and conditions as may be prescribed in the City of Kenai Code of Ordinances. 9.080 No person shall post, distribute or display signs, adver- tisements, circulars or any other printed matter at the - Airport except with the approval of the Airport Manager and only in such manner as he may prescribe. 9.090 No person shall travel on the Airport other than on the _-- roads, walks or places provided for the particular class of traffic. _ J 9.100 No person shall occupy the roads or walks in such a manner as to hinder or obstruct their proper use. f 9.110 No person shall operate any type of vehicle for the disposal ff of ggarbage, ashes or other waste material on the Airport i i without the approval of the Airport Manager. .>j 9.120 Any person who has been denied the use of the Airport by the - Airport Manager shall come upon or use the Airport only while traveling through as a passenger in a taxicab or other vehicle when enplaning or deplaning as a passenger of an aircraft operating on the Airport. 9.130 All shops, garages, equipment and facilities not the property of the City of Kenai are expressly for the conduct of the -.� owners or lessees business operations. No p persons other than the owners or lessees or their employees shall make use of these facilities without individual and specific permission of the owners or lessees. v -a i "i 9.140 Any person who knowingly and wilfully violates any Regulation prescribed herein, or any order or instruction issued in keeping therewith, shall be guilty of a misdemeanor and upon conviction thereof, may be fined not more than $500.00 or imprisoned for not more than 30 days, or both, under the authority of the Code of Ordinances, City of Kenai. 9.150 The City of Kenai assumes no responsibility for loss, injury, or damage to persons or property on the Airport, or using Airport facilities by reason of fire, theft, vandalism, wind, flood, snow, earthquake, or collision damage, nor does it assume any responsibility for injury to persons while on the Airport or while using the facilities thereof.. 9.160 These Regulations supercede and cancel all previous rules and regulations set forth by the City or other agency with respect to the management and operation of the Kenai Field. 10.000 FUELING 10.010 No aircraft shall be fueled or defueled while the engine is running, or being warmed by applications of exterior heat, or while such aircraft is in a hangar or enclosed space. 10..020 No person shall smoke within SO feet of an aircraft being fueled or defueled. 10.030 No person shall operate any radio transmitter or receiver or switch electrical appliance off or on an aircraft during fueling or defueling. 10.040_ Persons engaged in the fueling or defueling of aircraft shall make every possible effort to prevent overflow of the fuel. l0.OS0. No person shall use any material during fueling or defueling of aircraft which is likely to cause a spark or be a source of ignition. 10.060 No person shall start an engine of any aircraft when there is any gasoline on the ground under such aircraft. 10.070 Fueling hoses and equipment shall be maintained in a safe, sound and non leaking condition. 10.080 All fueling and defueling of aircraft shall be conducted at least SO feet from any hangar or other building. I'.--- - I 1' 10.090 Aircraft fueling shall be conducted only from approved 4 type pumps or fueling trucks, and only by those authorized j by the Airport Manager. No person shall fuel aircraft from barrels, drums or cans under any condition or circumstances. However, the Airport Manager may waive this regulation for dealer or when conditions do not permit fueling at designated areas. 10.100 All persons wishing to install aircraft fueling facilities on the Airport must submit plans and other information on the installation as the Airport Manager may require in order to provide for the safety of the public. All such installations must conform to the fire prevention code of the City of Kenai. 10.110 The wholesale distributor of all aviation fuel shall pay the City a fee of two cents per gallon for all aviation gasoline, one and one-half cents per gallon for all jet .fuel, and five cents per gallon for all aviation oil delivered outside the City for use on the Kenai Municipal Airport, provided that the above fuels and oils are to be used in any type of aircraft. The fee shall be payed on a regular monthly or quarterly basis by the wholesaler, a list of the bulk gallonage delivered to each individual on forms supplied by the City along with a copy of the invoice for each delivery must be submitted. Exceptions are made to fuels sold to the United States Government Agencies dispensing petroleum for their agencies' use. 11.000 SAFETY AND SANITATION 11.010 No person shall keep or store any inflammable liquids, gases, signal flares or other similar materials in the hangars or in any building on the Airport: PROVIDED that such materials may be kept in aircraft in the proper receptacles installed in the aircraft for such purpose, or in rooms or areas specifically approved for such storage by the Airport Manager, or in Underwriter's Approved Safety Cans. 11.020 No person shall keep or store lubricating or waste oils in or about the hangars: PROVIDED, that such material may be kept in room specifically designated for oil storage; PROVIDED FURTHER, that not more than 12 hours supply of lubricating oil•may be kept in or about a hangar unless in containers or receptacles approved by insurance underwriters. f; �• f �1 1 I• %i�'i:'n 'I l1 i � � � � I I I��■ II II II 11.030 Lessees shall provide suitable receptacles with covers for the storage of waste, rags and other rubbish. Such receptacles shall be metal. All used waste and and rags or other rubbish shah be removed in accordance with the City Ordinance governing trash and rubbish disposal. 11.040 Except as may be specifically authorized by the Airport Manager, no person shall conduct any open -flame operations in any hangar or on the Airport unless fire extinguishers are close at hand to control any hazard that may arise. 11.00 No person shall smoke on the Airport, in any hangar or shop, servicing area, gasoline storage area, or in any building, room or place on the Airport where smoking is - - specifically prohibited by the Fire Chief or the Airport Manager. i -- 11.060 All lessees on the Airport shall keep the hangar apron and ramp areas leased by them respectively, or used in �..; their operations, clean and clear of oil, grease and other materials or trash, except as may be provided to the contrary in any specific lease or contracts. 11.070 No person shall keep uncovered trash containers in any area. No vehicle for hauling trash, dirt or any other materials shall be operated on the Airport unless such vehicle is constructed so as to prevent the contents thereof from dropping, shifting or leaking, or otherwise escaping therefrom. No person shall spill dirt or any other materials from vehicles, on the Airport. Areas used for trash or garbage containers shall be kept clean and sanitary at all times. 11.080 No person shall dispose of garbage, papers or refuse or other material on the Airport except in receptacles provided for that purpose, and in confirmation with the City of Kenai Ordinance on garbage and trash removal. • 11.090 No tenant or lessee on the Airport shall supply and main- tain such adequate and readily accessible fire extinguishers as are provided by Fire Underwriters for the particular hazard involved, as may be deemed necessary by the Fire Chief of the City of Kenai. 11.100 No tenant or lessee on the Airport shall store or stock material or equipment in such a manner as to constitute a hazard to persons or property. 12.000 AIRPORT BILLING 12.010 All billings are payable at the City Clerk's office within 15 days after presentation unless otherwise noted thereon. 12.020 Delinquent bills will have imposed thereon a penalty of ten percent (10%) and the balance due shall draw interest at the rate of eight percent (8t) per annum. X 12.030 The charges to lessees for ground rental at the Airport shall be as now, and as may hereafter be established by the City Council. 12.040 Charges to concessionaires desiring space for other aviation or public services within an Airport Terminal facility or elsewhere on the Airport will be contingent upon the type of service to be rendered and the space desired, and as may be established thereafter. 13.000 LANDING FEES 13.010 There shall be a landing fee of 20 cents per thousand pounds of weight on aircraft with a certification gross take -off weight of 4,000 pounds or over, payable monthly. 13.020 There is no landing fee for aircraft under 4,000 pounds certificated gross take -off weight. 13.030 There shall be a use fee of $25.00 per month per aircraft under 4,000 pounds certificated take -off weight for commercial use of the airport facilities unless the operation has leased land from the Airport from which to conduct such operations, and is using the fueling facilities on the Kenai Airport as set out in the Airport Regulations. 13.040 All commercial operators operating aircraft with a certif- icated gross take -off weight of 4,000 pounds or over shall submit a report showing the total number of take -offs of different types of aircraft made on the Airport each mouth. This report shall be accompanied by the above use fees for that month and must be received no later than the 15th day of the following mouth. This does not apply to landing for testing of aircraft or training of personnel. In such instances there shall be no fee. 23.050 All aircraft owners parking aircraft in an area designated by the Airport Manager will be charged a tie -down fee of $20.00 per calendar month. CITY OF KENAI, ALASKA i( RESOLUTION NO. 76-10 - � r WHEREAS. since 1960, the City of Renal's population has increased nearly tenfold, and WHEREAS, existing highway systems have only been moderately improved upon since 1960, and WHEREAS, since 1960 there has been major development of oil and natural gas in this region, and WHEREAS, the transportation system bears the stress of each new industry, business and family. and WHEREAS, the existing system has contributed to accidents resulting in loss of life, '.j damage. excessive wear on vehicles, and WHEREAS, population growth has been so rapid that existing systems are inadequate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that this Council urges the Congress of the United States to recognize our unique circumstance, and the stress placed on our local residents, and to provide - funding to insure that we enjoy the safety, availability and convenience of a highway system as enjoyed by most citizens of this Nation. Dated at Kenai. Alaska this day of , 1976. i i CITY OF KENAI, ALASKA ATTEST: Sue C. Peter, City Clerk JAMBS A. ELSON, MAYOR --- � - --- �_---,�--�-�- � -----r -- _. ,.------ � -� -! -- -_-- ,_-_-- -----ate- .. .-_Sits_-Y... ___.--r....-..... l� si r- - - _..=_...fl.-. - _ - ___ __. _ _ _ - _ _ __--_—____ --_ __ __ ___-_-�•-_._-_-_'_ - - _ - _ - -- - -- 4 CITY OF KENAI RESOLUTION NO. 76-11 A P.ESOLLTIO: TO ENCCUlU1:GE THE CONSTDLtCTION OF AN ALL GAS PIPELINE ROUTE FROM THE NORTH SLOPE TO A NIKISKI, ALASKA TERMINUS. WHEREAS, there is a considerable reserve of natural gas to be found on the North Slope of Alaska, and, WHEREAS, there is a concurrance of opinion that this gas could effectively be piped by an All - Alaskan route to a terminus at Nikiski, Alaska, and, - -- WHEREAS, this route would derive the State of Alaska and its citizens a considerable revenue, and, WHEREAS, this route would promote the safe and expeditious means of delivery of needed natural gas to the rest of the United States. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska: 1 -! Encourages the construction of an All - Alaskan Gas Pipeline Route from the North Slope to a Nikiski, Alaska terminus. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 1976. ` 1 Sue C. Peter, City Clerk CITY OF KENAI, ALASKA JAMbb A. bLSUN, MAZUR. 1 Homer Electric gseooiation, Znc. P. 0. BOX 255 • HOMER. ALASKA 99603 • PHONE (907) 235.8551 z. January 21, 1976 Mr. Roland Lyna City Manager . City of Kenai P. O. Box 580 Kent, Alaska 99611 i Dear Sir: i � With reference to our conversation last week concerning the possibility of - - North Slope gas being piped to Nikisld, we are enclosing the following information: (1) A copy of the announcement which appeared in the December 3, 1975 issue of the Alaska Scouting Service: - (2) A copy of Page I-256 of the draft of the Environmental Impact Statement prepared by the staff of the Federal Power Commission, released November, 1975. - The Environmental Impact Statement recites several reasons that the terminus of the line should be at Nikisld . The most important reason seems to be that petro -chemical facilities already exist in that area, and, therefore, the additional impact of a similar industry would not be adverse. We sincerely hope that you and your staff concur in our thoughts that Nikiski is the logieal terminus for this line. u you agree, I am sure that you will do everything within your power to encourage the construction of an Ali Alaskan— All American Route for the gas from the North Slope. Sincerely yours. HOMER ELECTRIC ASSOCIATION, INC. e V4 op W. C. Rhodes General Manager WCR: em oa: Richard d. Peck jaw 3 r7 5 ; TEAT ALASKA SCOUTING SHRVI= 'T ITPI' S'l'Airlr ItI:CAMMT V0.S The environmental huff of the federal Power Commission has recommended GAS LINT? 1XVI'li CHAMIS sigoificaut route changes for either the Arctic Gas or LI Paso proposed aaturai gas transportation systems. The draft environmental Impact statement an til: tvvo competing plans to transport Prudhoe Day natural gas to market suggested that the trans Alaska pipeline terminate at NILIski on the Kenai Peninsula, instead of isl Paso's planned terminal site of Croviaa on Prince Will Sound. TheRIS recommends that if a trans -Canada route Is chosen, it should avoid crossing the Arctic National Wildlife Range and follow _ the Alyeska Pipeline corridor to Fairbanks, where it would then toxo east into Canada. tt - In a related development, Dan Smith, vice-chairman of the FPC. told a Congressional subcommittee last week that a final conunisalon decision on which of the two routes to approve should be made by December, 1476. Smith said that if expidited. _ the decision could be readied as early as am October. He told the House Subcommittee as Public lands that the FPC staff - - - - — flnal MS as the two inure proposals would be issued by February 26, 1976. Meanwttlle, Alaska Gov. jay Hammond has written a letter to the governors of the other 49 states urging their support for a trans-Alasko gas pl peline route. Hammand'o letter lists what he considers the environmental advantages of the trans- E Alaska mute, which parallels the Alyeska oil pipeline corridor for most of its length. and the potential for delay JAI: at is the trans -Canada proposal, according to the governor. Hammond contends that the trans -Alaska route proposed by . M Paso could be completed faster than the Arctic Cas project and that the federal goveramtAt and Alaska would both benefit by MOM of the Bi Paea system. _ ♦ i I 0 11 111 ILM 1 11 >> c) West Coast Projects 14 The PGT -PG&E and I7.AA routes should not be .- • constructed at this time since the volumes of. Alaskan _- :.aural gas which would be committed to these corapanies 1 could be handled by means of exchange of gas agreements. t These three routes and their acts are more fully Y described in the USDI Draft Environmental Impact State-. went. 2. E1 Paso Alaska System a) EI Paso Alaska Proposal The envirouaimetal staff found Nikiski to be the best rite in Ccjk Inlet; and agreed with E1 Paso Alaska that Point Gravina was the best site in Prince William Sound. In considering the suitability of these two sites to meet the siting criteria required for the proposed project combined with their relative suscep- tibilirie; re adverse environmental impacts, the Nikiski site was determined to be the more suitable location. The selection of the Nikiski site for the LNG Teradnal would require that the pipeline follow E1 Paso Alaska's proposed route to Livengood and then follow the staff's recommended route to Nikiski as described in Volume II, Section 1 of this environmental report. b) The environmental staff found that the Oxnard, California site would constitute a more suit- able location for development of the proposed LNG terminal project than the Point Conception, California site. It is the environmental staff's further conclu- sion that not more than one LNG terminal should be constructed in California at the present time to receive the volumes of gas associated with the proposed E1 Paso ,the Indonesia, and Pacific Alaska Projects and that the one combined terminal be located at Oxnard, California. In the event that the Point Con- ception site is ultimately certified by the Commission, I-4256 of r�rr 11 Mill I CITY OF KENAI i CONSENT TO SUBLEASE OR ASSIGNMENT i T (Sublease) ) from �� ' i to � dated 2 0 /? �, covering the following -described property: •Lot 6 , Block S, General Aviation Apron. Section 32, .Township 6N, Range 11W, Seward LIhrby ACKOWEDGED AND APPROVED, subject to the same terms and conditions as contained In the original Lease above described. -- This Consent is given by the City of Kenai without waiving any • right or action, or releasing the Assignor from any liability or responsibility 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 ) f THIRD JUDICIAL DISTRICT ) _ On this _day of, 19 ,before me personally - appeared f , known to be the person who executed the above instrument, and acknowledged that he (she) had the authority 4 • ; to sign, for the purposes stated therein. s NOTARY PUBLIC FOR ALASKA My Commission Expires: '; n. Y' l� j LpAfW OP AIRPORT LAMM AR PACH.1"PS, 19`. by and between the CITY OP %74AI. a home -rule municipal corporation of Alaska. hereinafter called "City". and BRIAN L. and NANCY J. PECK hereinafter called "Lessee". ij That the City. in consideration of the payments of the rents and i the performance of all the covenants herein contnined by the Lessee. does hereby demise and lease to the Lessee the following described property in the Kenai Recording District. State of Alaska: to wit: 1 Lots Seven (7) and Eight (8). old Aircraft Apron. Kenai t+ Municipal Airport, as described in that Certain 4aitclaim 1. Dead ileum the 019A to the City of Renal. Sled in Rook 27 of (: Dads at Page 308. Kenai Recording nistrict. Third Judicial District. State of Alaska and including the hangar and any 1 improvementstherem Term: The term of this Tease is for One Q) years, commencing angst day of February . 1978 . to the 31st .lay of Jaimary .. 191L, at the annual rental of S_62LW Payment: Subfeet to the terms of Oanwal covenant uo. 10 of i this Lease. the rental specified herein shall be payable as follows: (a) afvht of entry and occupancy is authorized as of the tut tt day of Pebruary . 19 76. and the first rent shall be computed from such t date until June so. 1978. at the rate of i 1.84 per day for 150 it days. equals f 247.50 now due. (b) Annual rent for tho fiscal year beginning July 1 and ending Jane SO shall be payable in advance, on or before the first day of July of each year. (e) Rented for any period abieh is less than one (1) year shall be prorated. based on the rate of the last full year. (d) The real specified herein is calculated as follows: 15.000 square feet at S .04 per square foot per year. or $ ti90.titt per year. 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: J . (a) Assessments for public 1,,, w 4,.. ,. s benefiting property in the amount of $ N/A (b) Applicable taxes to leasehold interest or other aspects, (e) Solos Tax now entmeed or levied in the future. • (d) Interest at the rate of eight percent (BAF.) per annum on any smount of money owed under this Lease which is not paid on or before the date it becomes due. (e) Additional charges as sex fo•: th in Schedule A. attached. Page One. LEASE Complete Revision 5/2/75 T 1 C + j a 11� # I 1 I T " I H III III I I I 11 I I I I 1 r+--- - -• - " ' " -' ^ - '_'"-•'�-'• ^ � - - - - { tl - L STATE, OF ALASKA } THIRD JUDICIAL DISTRICT ) i 1 On this day of .19 . before me Pereonaiiv s appeared . known to be the person who . executed the above Lease, and acknowledged that he (she) had the authority / to sign. for the purposes stated therein. t NOTARY PTTRLIC FOR AT.ARKA 3 .: My Commission Expires: LRttSRE 1 7� s ` BRIAN L. PkW& NANCY J. PM STATE OF ALASKA } _ ) as. ` THIRD JUDICIAL DISTRICT ) t On this day of W_, before me 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. NOTARY PtMT.TC FnR ALARRA i' My lrA mmission Rxviresr. ACENOWMO1stiM FOR PtIMAND AAM %qFP t STATE OF ALASKA } • ) ss. � , THIRD JUDICIAL DISTRICT ) Before me. the undersigned, a Notary Public in and for the State of Alaska. on this day personally appeared n __r6$W i j and „ jilts nr u s - int w_ . husband and wife. both known to be the f persons whobe tames are subscribed to the foregoing Lease, and acknowledged to me that they executed the some as their free and voluntary act and deed, and for the purposes and considerations therein expressed. aim UNORR Mt RAND AND SEAL OF OFFICE. this A day Of sty PttRIJC POR AT.ARKA • �omn'to n Expires: IA..,I- 7 Page Tom,14PASE `t i' 'AIII SUBLEASE This agreement, made this 3rd day of March, 1976. by and between the City of Kenai. a home-rule municipal corporation of the j State of Alaska. sublessor (hereinafter called "City") and the 3, Russian Orthodox Greek Catholic Church of North America. a religious corporation organised under the laws of the State of Pennsylvania " µy (hereinafter call *Subleases"). f VMMBSETH that i WHEREAS. Sublessee, by instrument dated July 25. 1988. and recorded In the Kenai Recording District at Rook Mist. 25. Pane 263, leased to City certain property encompasalm the present Fort Kelly as well as the Old Parish House, and grounds, and. 1 i WHEREAS. under paragraph 8 of said Instrument, the City { was given authority to reconstruct the Old Parish House included as part of the demised premises. and j WHEREAS. the City has not so reconstructed the Parish House and Subleassee wishes at this time so to reconstruct the Parish House. and WHEREAS, paragraph 5 of the above instrument specifies that City may sublease any or all parts of the land demised for the purpose of conducting uses permitted in the instruments NOW THEREFORE, 1 City does hereby sublease to Sublessee all of the following described real property known as the Old Parish House and the surrounding grounds and situated in the 'renal Recording nistrict. ' State of Alaska. and more particularly described as follows: j t 1 The pasties Awther agree that this sublease Is made as the following terms and conditions: 1. This sublease commences March 3. 1975 and ends July 24, 2021. 2. Sublessee shall abide by the terms sad conditions of that twase between the parties dated July 25, 1966 and recorded in the Kasai Recording District at Book Misc. 25. Page 263 insofar as they are applicable to the premises demised to Sublessee. in addition. to the purposes set out in paragraph 1 of such lease. Sublessee may use Parish House for any legitimate church purpose including use as a parish house. and may use the grounds for any related purpose. • Hill II I I I 3uWza;ze6 ah *U vakinWn the demised premises In good order and !_.,at and rebuild the Perish PMw at its expense. Tice maintenance speed to herein shall be the oonsidesatiats for this IN WMMS WHEREOF, the varties hereto have caused this sub - less* to be executed die day and year hereinabove written. MY OF WMW Roland D. Lynn CW Atonlaw STATE OF ALASKA 7 TRW JUDICIAL DISTRICT An this day Of before me persona0y appeared known to be the pawn who executed *a above sublease, and acknowledged that he (she) had the authority to sign. for the purposes stated theroln. WMARY PUBLIC FOR ALASKA My CCmxll"lM RXPUV&l Russion Greek Orthodox CsthoUo Church of Worth Amerles STATE CW ALASKA )as. JMCIAL DISTRICT ) { on this day of 19_. before me personguy appeased— . known to be the person who executed the above Sublease, and aduwwledged ff that he (she) had the authority to sign the game. for the purposes stated therein. NOTARY PUBLIC FOR ALUM My CAMUMISSIGIS Expires: II -- -'" _[. a _-_- 11 AN 11111 111 1 1 111 1.11� CITY OF KENAI P O. BOX 580 - KENAI, ALASKA - PHONE 2"7535 a 10' Honorable Mayor a City Council s FROM: Sue C. Peter, City Clerk GATE 2-27-70 REFERENCE TMae Attaab ! A explanation of description for the property in question will be given at the meeting Wednesday evening. Thank you. YA : ti - •i D ED CITY OF KENAI P. O. BOX 580 - KENAI, ALASKA - PHONE 283.7535 TO: Honorable Mayor a City Council FROM: Sue GATE 312 REFERENCE Packet Additions Please delete item C-1. Mr. Bill Rodgers. Jet Alaska Please add the following•. • C-2: Chester Cone and Attorney James E. Fisher, RE: Gravel Pit Permit G-8: Resolution No. 76--12 - Supporting SSSB 267, 50% State Funding for W/S Projects G-9: Resolution No. 76-13 - Supporting SB 582, Authorizing Bond Issue of $37,000,000 G-10: Assignment of Lease - Thomas R. a Gail Ann Smith to National Bank of Alaska G-11: Lease of City Owned Lands - Northern Aircraft Sales a Service Thank you. CITY OF KENAI, ALASKA RESOLUTION NO. 76-12 ItJAflQA il1N Q ...•S L•LM'_..N -SUPPORTING SSSS 267 AUTHORIZIBiiG 5801 STATE FUN' 114G FOR i WATER AND SEWER PROJECTS WHEREAS, SSSB 267 would authorize a thirty one million dollar ($31,000,000) bond Issue be placed before the voters of the State; and _ WHEREAS, the City of Kend would be eligible for 50% funding on current and proposed water and sewer projects. i NOW, Lxsw,,,ga0RE, be it resolved by the Council of the City of Kenai, Alaska -^ - that the Legislature approve SSSS 267. - -_—' DATED this day of March, 1976. CITY OF KENAI, ALASKA JAMES A. ELSON, MAYOR ATTBST: Sue C. Peter, City Clerk • 1 i I 1 I 1 I I I I I I 1 11 !@Doi hlilmdimbd-6 ji''I I 'I, CITY OF KENAI, ALASKA RESOLUTION NO. 76-13 A RESOLUTION SUPPORTING SB 582 WHEREAS, the Legislature Interim Committee has recommended passage of W 562 which would authorize a bond issue of thirty seven million dollars ($37 000, 000) be placed before the voters; and WHEREAS, the City of Kenai would be eligible for at lead five hundred thousand dollars ($500, 000) for construction of a port facility; and WHEREAS, Kenai would be designated a port of entry which could result in lower fuel, food and materials prices. NOW, THEREFORE, be it resolved by the Council of the City of Kenai, Alaska that 88 582 be passed by the Legislature. DATED this day of March, 1976. CITY OF KENAI, ALASKA ATTEST: Sue C. Peter. City Clerk JAMES A. ELSON, MAYOR ' - - ~ •--_ _ - — =d";= ; �i� � IYIy uinupi ii �iaii�ir�.,'.. �..�,- ..__ -- .-. _.., .., �,_- -- _� ASSIGNMENT OF LEASE FOR SECURITY PURPOSES rdZS Fw"IG:P.MPN2 made taiid 6nicrt3 into 1LAi5 .�. �aY of Zi I!Match, 1976, by and between THOMAS R. SMITH and GAIL ANN SMITH, i; husband and wife of Soldotna, Alaska, hereinafter referred to as 1 i y�Assignor and NATIONAL BANK OP ALASKA, hereinafter referred to as (Assignee. I' WHEREAS Assignor is occupying the property described I j'below by virtue of a lease dated April 14, 1967, from the CITY OF 1 lE, WWW%S it is the desire of Assignor to assign its (;Leasehold rights under the aforesaid lease to Assignee, as partial Il collateral to secure a loan to Assignor by Assignee, +crYaievaa, for good and valuable consideration, the ;!Assignor by these presents does hereby assign and set over to the �IAssignee all of Assignor's Leasehold interest in and to the I following described property: I� Lot Six (6), Block Pive (5), Small Aircraft l�Apron Subdivision, According to the official t 1 plat filed June 13, 1967, in the Kenai 1 Recording District, Third Judicial District, c State of Alaska. TO HAVE AND TO HOLD the same unto the Assignee, its successors and assigns for and during all the rest, residue and semaiader of the respective terms of such Leasehold interest and ;the renewals thereof yet to come. Neither this Assignment nor the ; acceptance of rent by the owner of the Pee Simple Title from Assignee, pursuant to this Assignment, shall release, relieve or ini i I any manner modify the obligations of the parties under the terms and conditions of the lease or of this Assignment. Zt is understood and agreed that this Assignment is made by the Assignor to secure a certain loan made by the Assignee to the Assignor, and the Assignor promises and agrees to perform all of the terms, covenants and conditions of the lease to be performed on the part of the Lessee therein named. Provided that Page One, ASSIGNMENT I,_ - . . should there be any default by the Assignor under the terms, + !i covenants and conditions of the lease or a default in the keeping i; of the term$, covenants and conditions of the concurrent loan agreement, a copy of which is attached hereto and incorporated +; herein, than the Assignee is ..d to remove the Assignor from the leased premises and to perform all the terms, covenants and f ' I�conditions of the lease as though the Assignee were sole Lessee. This Assignment shall be void if the said Assignor shall ' fully perform all of the covenants, including any for the payment i of money contained in that certain promissory note for the payment a� i Of S� - plus interest which on March, 1976, IlAssignor made and delivered to Assignee, and shall perform all of - iithe covenants and fulfill all of the conditions contained in any '-agreements entered into between Assignor and Assignee as part of i'the transaction of which the creation of such indebtedness is a II part. - DAZWz At Kenai, Alaska, this qday of Match, 1976. �I ALL THOMAS R. S TZ 06 ad (� ANN SMXTH �! STATS OP ALASSA ) THIRD JUDICIAL DISTRICT ass. THIS IS TO CFMIPY that before me, the undersigned, a Notary public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared THOMAS R. SMITH and GAIL i ANN SNITS, husband and wife, known to me and to as known to be the identical individuals named in and who executed the foregoing instrument, and who acknowledged to me that they signed and sealed the same, each for himself and not for one another, as their free and voluntary act and deed, and for the uses and purposes therein mentioned and set forth. IN WITNESS WHEMP, I have hereunto set my hand and affixed my official seal, this ,Allay of March, 1976. ij f ' -U►"— - -- - NOTARY --V IC R W Page Two, ASSIGNMENT My Commission Expirea: y-1.94 1 CONSENT TO ASSIGNM1= li The foregoing Assignment is hereby acknowledged and approved, subject to the same terms and conditions as contained in the original lease above described. ROIMD. LYNN CITY D MANACM ;) j' STATE OF ALASKA !�Tum JUDICIAL DISTRICT On this gay of March, 1976, before me personally appeared ItOLOD D.-Vft, known to be the person who executed the foregoing consent, and he acknowledged that he had the authority ito sign for the purposes stated therein. IN WITNESS WHENWOV, I have hereunto set my hand and affixed my official seal* this lay of March, 1976. NOTARY PUBLIC FOR ALAS= JW Commission Expires) I Page Three* ASSIGNMENT 0 y t LRASR OF AIRPORT LANnq DR FAt'iL"S —lilt 8 AGRF.PWMT, entered tnto this day of 19 . by and between the CITY OF RINAi. a home -rule municipal corporation j of &ka. hereinafter galled "City", and JACK PECK L JACK PECK I I dba 1angTHrRu AIRCRAFT SALES E SERVICE 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. does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska: to wit Lot 1 Block 2 General Aviation Apron, Section 32 TO RI IU Seward liet idian Term: The term of this Lease is for F yearso eomnmm�encltmg on the -u4day of March . 19ZL, to the28th day of February I03T---. at the annual rental of f S2,000 Psvment: Subject to time terms of General C".evenant No. 10 of thiaLease. the rental specified herein shall be payable as follows: (a) Right of entry and occupancy is authorised as of them s t day of March . 197and the first -SSrent 45-- be computed ffIT such - data until dune 80. 19 , at the rate ed per day or days. equals 8668.66"' now due. (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. (o) Rental for my period which is less than one (1) year shall be prorated, based on the rate at the last full year. (d) The rent specified herein is calculated as follows: S01000 square feet at $ • 04 Per square toot per year. i g c,vvv per year. III addition to the rentfr specified above, subject to fieneral .. _ :. Covenant No. 10. the Lessee agrees W pay to the City fees as hereinafter .; provided: ! 7i t (a) Asses sments for public improvements benefiting property in the amount ot: fl/ . (b) Applicable taxes to leasehold interest or other aspects. (a) Sales Tax now edetrced or levied in the tature. :.y =. (d) Interest at the rate of alght Percent (84) per annum on any amount of money owed under this Lease which is not paid on or before the - data it becomes due. ( sdiila ,Is oMuna1 i.ia,Q1l+. -= Development Plan =_ -- Time periods for development of property and building . specifications shall be followed as act out in Schedule "A" attached. Page One, LEASE Complete Revision 5/2/70 X The purpose for which this Lease is issued tar GENERAL AVIATION SALES AND SERVICE L COVP.iJAIM 1. uses: Pxcept 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 pronation 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. S. Impounding of Property: Any or all personal or real property plaeed or used upon Iands 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 tato 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. an 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. �.0 _.1. (a) Submittal to. and approval of. proposed lease transfer by the Rend planning Commission. (b) Alter approval by the Trend Planning tsommission. final approval of transfer by the City Council. Any asdgament in violation of this provision shall be void. and shall be grounds for cancellation of this Lease by the City. 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 permission of the City. At the expiration of the term fixed. or any sooner determination of the Lease. the Lessee will peaceably and quietly 4W and surrender the premises to the City. 5. Payment of Rent: Checks, bank drafts or pnstd mons, :.niers shall be made payable to the City of Kenai, and delivered to the City Administration Building. Kenai, Alaska. T. Construction Approval and standards: Ruilding construction shall be neat and presentable and compatible with its use and surroundings. Prior to placing of fill materiel and/or construction of buildings on a leased area. the Lessee shall submit a plan of proposed development of property to the City Planning Commission which shall be approved in writing for all permanent improvements. Page Two. LRASE j _I fj STATS OF ALASKA ) !( TEM JUDICIAL DISTRICT ) 1 On this day of • 19 • before me personally appeared • known to be the person who executed the above Lease. and acknowledged that he (she) had the authority to sign. for the purposes stated therein. NOTARY P111% IC FOR ALASKA my Commission Expires: LPSSRE HORT ERNZRIT SALES STATS OF ALASKA ) . p. THM JUDICIAL DISTRICT y, ) On this day of //7�7� G(� . 19.&, before me personally appeared c Y"- . mown to be the person who executed the above Lease and acknowledged that he (ehe) had the suthority to alga the same. for the purposes stated therein. NOTARY PIMLIC FOR ALAMA ate Commission Rxpires: 'l -i/- 71 AC1iNOWLBDGMEW FOR HUSBAND AND WIFE STATS OF ALASKA ) ss. THM JUDICIAL DISTRICT ) 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 to me that they executed the same as their free and voluntary act and deed. and for the purposes and considerations therein expressed. GMM UNDER MY HAND AND SEAL OF OFFICE. this day at . 19 WYrARY PtYPUC FOR ALASKA My Mmmission expires: Pap Tom I LPaSE ,ti 1 1 SCHEDULE"A" DEVELOPMENT PLAN Construction of a hangar will be started in 1977, with final completion of the building to be slated no later than l December 1978. The building small conform to all City of Kenai and State of Alaska Building Codes and zoning requirements and shall be built following the building information as set forth in the original lease application by Lessee. r —` -.i�� r"��iiinl'Ilfll• ii inn ii iiunulat •,� aucaa2 NO Wase Application I CITY OF KENAI ' P.O. COX IFC • ONAL ALASKA • MONE 28&7535 # pg 1 of 2 Name of Applicant Address i /'-.Y% i"ll / /7/7 susiness Name and Address Kenai Peninsula Borough Sales Tax No. old State Business License No.q� — p�•� �f%�% phone",9 -- 57 00_ .Z -% (check one) _ / "Lease Permit Lot Description 414e w a, L dr i C v -�'., Desired length of Lease or Permit�� MOKS Property t be Used for12'ny 1V'Vq .� /1 V'/47 ZZ 4- al& S Description of developments (type, construction, size, etc.) 7 `. Attach development plan to scale 1 inch =.50 feet, showing all build- ings planned. r 1 Time Schedule /� C.. 4L! S' �f!(f G' T/,0" Estimate value of constructions Date Signed Page 2 of 4 Lease No. Lease Application CITY OF KENA I page 2 of 2 P. 0. BOX WO SENAL ALASKA PHONE 283-7S3S For your information Annual rental rate or cost .50,.,A/w�Annuacc 4,1 Zoned for Permits required Assessments Insurance required / Lf Construction must be started by Completion data for major constructions Rout"g Planning Commission Time by by City Council Time Reviewed bys Comments This application will be a part of the lease -lo Approv- Planning Cbmissions City council Receipt aclmowledged by applicant h is Fj by by 11 page 3 of 4 BUILDING INFORMATION i Lease No. J l Name: he &o� ,ylv d lel/� 7 �' L1 �' `�,x �s 9 A? f4op,1USdj1,q14�;1�oo?'C - coin 71 c� C -e) /Ila 7ZA -q TO . 14 C', ALOv VLVP Iva r '7 t s Construction materials:f 47 *; it Scales r .3 u a Page 4 of 4 lease No." LAYOUT PLAN Lot_ Block Subdivision - � C /v fit- /CPG /rC/ AD6— A S %cc JCC! c.e� ca N ,Ls o f l l I I �oc K t r v I , {+ 1 a i Scale 1" a -N- _ n t it / , •`�, j k ' ',� �I-.. :_-.� . i _.- __- i �i=___j.-_"-_-.-.-_'__-_' _- - -i i - Il llllq nl I■ Iu '4is�' .- - - - - - -. w... -, _. - ..., - -+ Y - :'r!;r•.:a. F. IS, 1976 . - The ;iun:.sab:a Zunald E. Young i house of Representatives : _ 1210 Longworth House office Building gasbiugton, D. C. 20816 ' - Be: S-847 - Seward National Recreation Area Bill Bear Mr. Young: .. Careful review of the above referenced bill. •shows .it does .not continue the multiple use -sustained yield concept established by Congress for the management of national forests under 74 Stat. 215; 16 USC 528-531. The Kenai Peninsula Borough has not supported - any legislation which contains any other provisions. The Kenai - Peninsula Borough, not to mention the whole State of Alaska;- bas one of the most confused land* status and ownership pictures that has. ever been experienced by any other group of people. = A great deal of this confusion, if not all, has been brought about by continued federal legislation. Until: (1) the competing federal 'agencies *have established their -boundaries under the ., d(2) provisions of the AWCSA; (2) the native corporations have fought their way through to good clear land title under the same act; and (3) the State, along with the boroughs, have maximized ' their er3titlements under the Statehood Act, any additional legis- - dation, such as S-847, only tends to further confuse and cora- - - pound achievement of the wise use of land. - Please review the Multiple Use -Sustained Yield Act of June 12, 1960, and enter on the record that the Kenai Peninsula Borough le -opposed to 5-847 and note that the land area encompassed i •, .17y the bill is within the Kenai Peninsula Borough. � Sincerely, = _ Donald E. Gilman .10 �ra • � Airougb Mayor D •LAY.! ' /leriJ .G�i� ..'+E �� bBGr: GSB:wk A149 10, G' au - '` • �►,,�/rT,e�-y>ter ��•r'' .�%I� - moi`' . /%�'' ',,o7-e H �`f l r