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HomeMy WebLinkAbout1976-12-01 Council PacketI COUNCIL PACKETS q76 DECEMBER 11 L Kenai City Council Meeting Packet December 1, 1976 . cot 'i I / AMBARIANq lu 3' ,ACKERLY " SWEET l� AI WHELAN A U j( MORGAN ELSON IV I i NCIL MEETING OF T1FCF 1. 1976 v � � y q q r I qA/ q_ _y y y IVggqqqq9qq yV c q -j q y IVgq. 0 t,qV - 14, a A G r N D A REGULAR MI'F.TIN(; - KI:NAI CITY COUNCIL DECEMIIFR 1, 1976 - R:W P.tl. PUBLIC SAFETY RVILDINO PLEDGE OF ALLEGIANCE. A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Final reassessment rolls for Certain %later and Sewer Improvement Districts a. Water Improvement District Ve. 73-W-1 b. Sewer Improvement nistriet Vo. 73-S2 c. Water Improvement District No. 8 d. Water Improvement nistrict Vo. 73-147-2 e. Sewer Improvement District No. 73 -SI f. Water Improvement District No. 73-W5 g. Sewer Improvement District No. 73-S3 2. Renewal of Beverage Dispensary License - The Casino 3. Renewal of Bove age Dispensary License - Food Torn Liquor Store tL, C. PERSONS PRESENT SCHEDULED TO RE HEARD 1. 2. D. MINUTES 1. Minutes of the Rerutar Meeting of November 17, 1976 E. CORRESPONDENCE 1. 2. F. OLD BUSINESS 1. Wince-Cortheli Billing 2. Resolution No. 76-80 - Water Improvement Districts W-3 and W-4 a Sonar Improvement District 8-4 O. NEW BUSINESS 1. Bills to be paid - Bills to be ratified 2. Ordinance 297-76/77(0) - Title 11, Anti Recession Revenue Sharing 3. Ordinance 321-76 - Capital Projects Fund Entitled Forest Drive Water Line 4. Ordinance 322-76 - Capital Projects Fund Entitled Water Project No. 07-01-01884 5. Resolution 76-78 - Accepting A.nended Grant Funds from EDA 6. Resolution 76-79 - Transfer of Fynds - Airport M&O T. Payment to Architect - Komi Community Library Project 8. Lease of Airport Facilities - Alaska Aeronautical Industries. Inc. 9. Discussion - Tinker Lane Sewer Extension Project 10. Discussion - City Manager Relocation Expenses 11. Discussion - Collier C:iemieal Water Rights Draft Letter 12. 13. 14. 15. H. REPORTS 1. City Manager's Report 2. City Attorney's Report 3. Mayor's Report 4. City Clark's Report 5. Finance Director's Report 8. Planning a Zoning Commission's Report 7. Kenai Peninsula Borough Assembly'a Report 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. 2. l i i �i 1 t i a A G r N D A REGULAR MI'F.TIN(; - KI:NAI CITY COUNCIL DECEMIIFR 1, 1976 - R:W P.tl. PUBLIC SAFETY RVILDINO PLEDGE OF ALLEGIANCE. A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Final reassessment rolls for Certain %later and Sewer Improvement Districts a. Water Improvement District Ve. 73-W-1 b. Sewer Improvement nistriet Vo. 73-S2 c. Water Improvement District No. 8 d. Water Improvement nistrict Vo. 73-147-2 e. Sewer Improvement District No. 73 -SI f. Water Improvement District No. 73-W5 g. Sewer Improvement District No. 73-S3 2. Renewal of Beverage Dispensary License - The Casino 3. Renewal of Bove age Dispensary License - Food Torn Liquor Store tL, C. PERSONS PRESENT SCHEDULED TO RE HEARD 1. 2. D. MINUTES 1. Minutes of the Rerutar Meeting of November 17, 1976 E. CORRESPONDENCE 1. 2. F. OLD BUSINESS 1. Wince-Cortheli Billing 2. Resolution No. 76-80 - Water Improvement Districts W-3 and W-4 a Sonar Improvement District 8-4 O. NEW BUSINESS 1. Bills to be paid - Bills to be ratified 2. Ordinance 297-76/77(0) - Title 11, Anti Recession Revenue Sharing 3. Ordinance 321-76 - Capital Projects Fund Entitled Forest Drive Water Line 4. Ordinance 322-76 - Capital Projects Fund Entitled Water Project No. 07-01-01884 5. Resolution 76-78 - Accepting A.nended Grant Funds from EDA 6. Resolution 76-79 - Transfer of Fynds - Airport M&O T. Payment to Architect - Komi Community Library Project 8. Lease of Airport Facilities - Alaska Aeronautical Industries. Inc. 9. Discussion - Tinker Lane Sewer Extension Project 10. Discussion - City Manager Relocation Expenses 11. Discussion - Collier C:iemieal Water Rights Draft Letter 12. 13. 14. 15. H. REPORTS 1. City Manager's Report 2. City Attorney's Report 3. Mayor's Report 4. City Clark's Report 5. Finance Director's Report 8. Planning a Zoning Commission's Report 7. Kenai Peninsula Borough Assembly'a Report 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. 2. l A'i MORANDUAI TO: i i FROM: DATE: 1 SUBJECT: Honorable Mayor tr City Council Sue Peter, City Clerk December 1, 1976 RESOLUTIONS - ASSESSMENT DISTRICTS The followini; resolutions hnve been assigned to the various Water and Sewer Improvement Districts that will be reviewed during the Public Hearing: Resolution 76-81 - Water Improvement District No. 73-W1 Resolution 76-82 - Sewer. Improvement District No. 73-82 ✓ Resolution 76-83 - Water Improvement District No. 8 Resolution 76--89 - Water Improvement District No. 73-W2 Resolution 76-85 - Sewer Improvement District No. 73-91 ► Resolution 76-86 - Water Improvement Dietriet No. 73 -WSJ F i Resolution 76-87 - Sewer Improvement District No. 73-53 f L' a ,-- - - r — -. CITY OF KBNAI RESOLUTION NO. 76- A RESOLUTION OF THE COUNCIL OF THE CITY OF KFNAI, ALASKA, CONFIRAIING THE REASSESSMENT ROLL AS CORRECTED FOR IMPROVEMENT DISTRICT NO. WHEREAS, the Council by Resolution No. has established Improvement District No. , and WHEREAS, the Council has recognized that within said improvement district there may be assessments which exceed the limit of 25% of the fair cash market value including the water or sewer improvement as set out by Section 7-3 of the Charter of the City of Kenai, and WHEREAS, the Council, by Resolution No. 76-64 has directed that the said improvement district be reassessed for the purpose of complying with Section 7-3 of the City Charter. NOW, THEREFORE HE IT RESOLVED, by the Council of the City of Kenai, Alaska, as follows: Section 1: The Council hereby finds that: a. A preliminary reassessment roll has been compiled and is on file with the City Clerk. b. The reassessment roll has been computed in accordance with the formula set forth in Resolution No. 76-64. c. The notice requirement of the Code of the City of Kenai with respect to reassessments have been met. Section 2: There is hereby confirmed the reassessment roll which has been corrected, pursuant to public hearing at a meeting held December 1, 1976, and as such meeting may have been adjourned for additional action or work upon assessment roll corrections. 4 T -6 i 1 RESOLUTION, , Pa►l,'e Two i 1 � Sectkon 3: There Is hereby re -levied ar.riinst the property bepefitted the costs levied by Section 4 of Resolution No, as such costs have been adjusted for each individual parcel in accordance with the 250 limitation of Section 7-3 of the City Charter and the assessment as flet out in the reassess- ment roll, as confirmed hereinabove is hereby the amount levied against each individual Marcel. Section 4: Payment of assessment levied by Resolution No, shall be reapplied in the following manner and payments of assessment re -levied herein- above shall be made in the following manner: a. "Installment schedule" shall mean heroin that schedule of payments containing principal and interest which is set up based on the principal amount of the assessment. Interest in such schedule shall be at the rate of 8% per annum. Schedules shall be set up with ten schedule due dates one year apart with the first schedule due date being April 1, 1974. "Annual Installment" shall mean herein the sum of the principal and interest of each installment payment. b. If no adjustment has been made in an assessment, the installment schedule shall continue as currently set up , Interest at the rate of 8% per annum from the schedule due date to the date of payment shall be computed on the principal portion of any annual installment which is past due. No penalty shall be charged on annual installments paid after the schedule due date but op or before April 1, 1977 due to litigation. For annual installments due on or before April 1, 1977 and not paid by such date, a penalty in the amount of 10% of the past due annual installments or portions thereof shall be assessed. Annual installments due after 1977 and not paid on or before the schedule due date shall be assessed a penalty of 10% of the past due annual installment. In the event penalty has been paid prior to the date hereof, such amount: of penalty shall be credited to the annual installment due April 1, 1977 or any further annual installments due. If no further annual installments are dins, the penalty amount shall be refunded to the current owner of the parcel as reflected in the Kenai Peninsula Borough Assessment Rolls. c. If an assessment has been reduced, any reduction will first be applied to reduce the principal amount of the deferred assessment on the parent, U any. If there is no deferred assessment, or if the amount reduced is more than the deferred assessment, the principal portion of the regular assessment shall be reduced accordingly. A new payment schedule shall then be set up based on the new principal amount. The total payments in the new schedule whose — -. - — �——••.•—•-7L•--�— - - _ —' —649.-1s594MI9Y($iJ I11 . JI I 1 IIII IEIII I I ILIL Ike schedule due dates have passed shall he subtracted from the total annual installment 1.) yments; :rrlde on the pareel to date. The resulting amount will he j credited to tLe annunl installment due April 1, 1977, or if it exceeds thnt Install- ment, to subsequent annual installments. Any installments made late prior to the date hereof resulting in delinquent interest being; assessed will be re- figured based on the new annual installment amount and the over payment of i a interest will be credited to future annual installments. Interest on the principal port=on of the unpaid now installment amounts shall accrue at the rate of 8 per annum from the schedule due date to the date of payment. A penalty of 10% of the unpaid new annual installment shall be assessed for any amount paid after the schedule due date, except those annual installments due on or before April 1, 1977, No penalty shall be assessed on such annual Install- ments if they are paid on or before April 1, 1977. When there are no future annual installments against which to credit any amount over -paid on the parcel, a refund will be made to the current owner of the parcel as reflected in the Kenai Peninsula Borough Tax Assessment Rolls. d. Any deferred assessments remaining on parcels after the reductions herein shall be handled in the manner provided for by Ordinance No. 314-76. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this of December, 1976. ATTEST: Sue C. Peter, City Clerk JAMES A. ELSON, MAYOR day a I Resolution Nos. 76-81 - 76-87 -- Example A RESOLUTION OF THE COUNCIL OF THE CITY OF KFNAI, ALASKA, CONFIRMING N THE REASSESSMENT ROLL AS CORRECTED FOR IMPROVEMENT DISTRICT NO. "r WHEREAS, the Council by Resolution No. has establis-ied Improvement District No. , and WHEREAS, the Council has recognized that within said improvement district there may be assessments which exceed the limit of 25% of the fair cash market value Including the water or sewer improvement as set out by Section 7-3 of the Charter of the City of Kenai, and i WHEREAS, the Council, by Resolution No. 76-64 has directed that the said improvement district be reassessed for the purpose of complying with Section 7-3 of the City Charter. NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Kenai, Alaska, as follows: ' 1) Section 1: The Council hereby finds that: a. A preliminary reassessment roll has been compiled and is on file with the City Clerk. b. The reassessment roll has been computed in accordance with the formula set forth in Resolution No. 76-64. a. The notice requirement of the Code of the City of Kenai with respect to reassessments have been met. Section 2: There to hereby confirmed the reassessment roll which has been corrected, pursuant to public hearing at a meeting held December 1, 1976, and as such meeting may have been adjourned for additional action or work upon assessment roll corrections. Section 3: (Details of payment have not yet been worked out -- the complete resolution will be included in the package for Tuesday.) PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lot day of December, 1976. ATTEST: Sue C. Peter, City Clerk JAMES A. ELSON, MAYOR ... � .._.._✓.�.�,�...w.............y�tr+�ciil� B i n a as i�iei i ■ ■ Df:lENT OF REVENUE/4M Boom( 88510 1 �o November 15, 1976 Mr. Phillip Aber Acting City Manager City of Kenai Box 580 Kenai, Alaska 99611 Dear Mr. Aber: The enclosed application for renewal is for your consideration. THE CASINO; Rachel L. Rogers; Cars Bldg.; Mail: Box 1234, Kenai. If you choose to protest under AS 04.10.270, you must do so within 30 days plus 10 days for reasonable mailing time. The Board must take final action on the merits of the application. Thank you for your consideration. Sincerely, �',,�� (Mrs.) OorotO SwicP Records & Licensing Supervisor DS/jmn Enc. E C1 - e )T io 17 ff nn r, o a. n. AA Ar S. MWHO A COMDR Df:lENT OF REVENUE/4M Boom( 88510 1 �o November 15, 1976 Mr. Phillip Aber Acting City Manager City of Kenai Box 580 Kenai, Alaska 99611 Dear Mr. Aber: The enclosed application for renewal is for your consideration. THE CASINO; Rachel L. Rogers; Cars Bldg.; Mail: Box 1234, Kenai. If you choose to protest under AS 04.10.270, you must do so within 30 days plus 10 days for reasonable mailing time. The Board must take final action on the merits of the application. Thank you for your consideration. Sincerely, �',,�� (Mrs.) OorotO SwicP Records & Licensing Supervisor DS/jmn Enc. E V_ '7 1 a 0 U !j a JAI I HAMMONO, BOYfANOB J V k ' r S 9 IIEPALI TME T OF 19EVEN1 B Alevoeye Bl met eotirsol BOIRD &V SCE AVEint t a November 23, 1976 Mr. Phillip Aber Acting City Manager City of Kenai Box 580 Kenai, Alaska 99611 Dear Mr. Aber: The enclosed application for renewal is for your consideration. RETAIL: FOOD TOWN LIQUOR STORE; Donald $ Jennie Smith; Willow Street; Mail: i Box 2941, Kenai. I' If you choose to protest under AS 04..10.270, you must do so within 30 days plus 10 days for reasonable mailing time. The Board must �. take final action on the merits of the application. Thank you for your consideration. 11 zI.-Aw i Sincerely, (Mrs.) Dorothy Swick Records & Licensing S pervisor OS/jmn j Enc. tv 0 x 04-643 (0-741 DEPAnrkif NT OF REVENUE -- SrATV OF A1481A hi'1?1CA71'[8iJ p it T'l, :l�T n rOR A11MG tx -ED GAJ WS Or CHANCC AND SK" Calea&u Yeas Ending 197,1— s. slept. of Revet.co STT MI: 3. STA 4 D Geo at c owe w tl l OA 1;,1 blb,4r8 li+t:z Aaaors! 9 Sunem Algal 00094 � Maw 1 t TMS MMCATION MUST = VIL" wren TIIR OOEfi+tl 816'7> n OF REMMS tri 111FIN$wA10 i No Raines of ehaare (std nidal shall be oonducted by any qualified oraaufaotion unlers a Permit, as herein provided. shall have been issued to the ourllfled orawiritlan conducUM suals 0=ea of Chance and Ai:ili. ' The Comma=.sloccer of Rmnue nhali, span application therefor on loch forwh no than be prescribed by the Cornmieatoaer of Revenue. and upon payment of an 'annual fee of 810.00, fraise a Permit for the conducting of Games of Chance and BkUI, to MY Qualified Otfsantz-AlGsn, Civic or servica Urcanizatim i'.--bgiaua, Chrritable, naternal, Educational, Veteran, Police or First Department ax'.d CoB,ptaly. Dos biuuhem and Fishing Derby Aesociations in the stete, which operate without profit to its mem. berg, and which hes benn in extrftnee continually for a yerlad of five (P years I= disteiy prior to the making of an applica'. tion for a Permit, rzhich shun expire at the end of each calendar year In which It was issued. Minimum meeibonwo of twenty - It" (26) members Is 041:0 r"Wred. Such Aaineo of Chance and Skill shall be aublect to the following restrictions, (1) The entire net proceeds of my llama shall be ticluelvely devoted to the lawful purposes of oualltled argent- tatiaaa p:rmftted to conduct such games. (1) Bingo is) toe Cla des (8) Ptah Derbies (9) X harper and Lotteries (4) "a Muahers Contellu (0) Coatesta of Sldil Briefly describe aetivitles ehedcedt So we may hold a raffle once or twice a yvar to help raise money. forte Gnai enn 1 t;tul . 1nc. so thev we can t+av for our udges who .Sgma un ft:ou the lower hit to iudee pure bred doe shows and obedience trials. It also would help to Pav for the overall expense for the nop, Shote and Obedience Trial. Tfbiet6n�owereby rnaeapplication for a Pemit adescribed aove. punw to (e pro. WsionoChapter � TI( .A named taw ORGANVATIODI: Name: Kenai Kennel Club, Inc. Addrea: Kenai, Alaska 99611 QUALtFICATWHS F*RR A PLER=r: A. Type of organization (Cheep one) ti).Civfc or service (9).r�.�Religious � (8) ..�,,.�Ldttcatiartal Operating Address of Activity: P.O. Box 3981 Kenai, Alaska 99611 te)„■_.vetwaas (9)...,..._Pollce or Fire Company (8).,...,.„,.. On Mushers tQ).,o�,>nehiae Derby bo) , ILi Other (Describe below) Araw+±e"i■o,PytXQ.Rrna„a�;,Te;j+ + Ft etllt'_.DUt3liC about d8tR. ;8 anV d0• better nigh. ri .t t (on—all gratin d earn of the dor,. 8, State how lone organization has been In oatstence Jince August 1969 I —ALL ANSWERS MUOT BE PRINTED IN MR OR TVPZVRTlmw—• r: 0 1 0 L C. Aff Nation rAth National ftsulzaticn: Name of National _ American kennel Club Heatdpuartm New York Citv, N.Y. D. Oripatdaed as a X Corporation; — Association; Partnership; Firm or Other. f I E. Recognised as a nonprofit orgofttsatlon under the Federal income Tax Lows. Yes... — No SCHEDULE 1 --OFFICERS Title ' President Vice President Recordinyr Secretary Correspondence Secretary Treasurer SLIT NaMe (Print or type$ Address Patricia Ann idc Comsev Box 1.319 Kenai Alapka 99 Candance '•tathows P.o,j ?665 Y.! nrlf A1,11 a 09 Christine toynolds Star Rt. 1 Box i4f)O Kenai ;Alaska ;;unnie 1'a6sey Box 3591 Kenai Alaska U9 Jeff Fauteaux Star P.t. 1 Box 215 Kenai Alaska SCHEDULE 11—PEROWS IN CHARGE OF GAMES (Must be a member of permltee organization Full Name Wrint or type! Address ^rtrieir Ann N� Cnr+or.vr 11.r1Y "I') vanaJ' Alai �c1i11+ jfn�a Max St ypr Bog 1125 Soldotna Alaska 99669 tAndn [:releskp Stat, 1. hoar 1550 Kenai- Alaska Sitargl} Fauteaux Star Rt. 1. Box 205 l:enai. Alaska SCHEDULE 111—DATES AND HOURS OF GAMES Years of membership 7 7 3 5 M Date now Date Hour Vr Nnva�mharavor.r aalhly to tho S�nrtns. arena ve.a� F.... t{.n I`h ren Fmnn Bay..nY -i ne! tpr 10 •rat r.rn_ hn�rn �ri rtfttne 1 *DEDICATION OF PROCEEDS: A. Estimated gross recelpts tYearlyl $ 800.00 t!. State the specific purposes for which the entire net proceeds are to be devoted and In what manner SV he � used .JVr the sDecific Durnose of nutting on a Pure Bred Dog Show & Obedience Trial. C. Name and address of organization, foundation, trust or other civic, public, charitable. patriotic, religious or other group to receive and use the proceeds of the proposed activity Kenai. Kennel Club Inc. Box 3981 Knnai_ A1a La 89611 We cerU& that all the officers and all the persons In chargtr of games are of good moral character and have never been convicted of a felony. We certify, under the penalties of perjury, that all of the statements contained herein are true and correct to the but of our knowledge and belief. (Signature of two officers reQulrtA) CITY COUNCIL APPROVAL: /IaO�tY/r OMIc1t's Now � v "Date N Subscribed and sworn Vice -President ,ace _ N M PA i - AGENDA REGULAR MEETING - KENAI CITY COUNCIL NOVEMBER 17. 1976 - 8: 40 P.M, PUBLIC SAFETY BUILDING i ( PLEDGE OF ALLEGIANCE A. ROLL CALL 1 AGENDA APPROVAL i � j B. PUBUC HEARINGS 1. Ordinance No. -297-76/77(B) - Street Lighting Agreement 2. Ordinance No. 310-76 - Revising Schedule "H" - Water and Sewer Permits 8. Ordinance No. 316-76 - Ampn4;ng 1976 Kenai Municipal Airport Regulations 4. Old Library Building and Sands C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Mr. Ted Carson representing Yoshi and Ruth Shtohira 2. Mr. Ron Miller. Peninsula Sanitation D. MIIJms ?j 1. MI We of the regular meeting of November 3. 1976 E. CORRESPONDENCE 1. 2. F. OLD BUSINESS • 1. 2. 8. 4. G. NEW BUSINESS 1. Bills to be paid - bills to be ratified 2. Resolution No. 76-71- Building Corrections to Fort Kenny 3. Resolution No. 76-72 - Amend Airport daNtorial Service Contract 4. Resolution No. 76.73 - Implementation of Sr . Citizen Nutrition Program b. Resolution No. 78-74 - Maintenance and Repair of Street Lights S. Resolution No. 78-76 - Rejection of bids for Tinker Lane Sewer Extension Project 7. Resolution No. 76-76 - Change Order 02 - EDA Water Well Project S. Resolution No. 76-77 - Accepting additional Ponds from State for FDA Water "eat j 9. Consent to Assignment - Bullock to Shirley Morgan. lWax Swearingen a Patrick A'C4"Wet is 10. B. 12. 14' E •. H. REPORTS •I 1. City Manager's Report I� I 2. City Attorney's Report �! S. Mayor's Report i' 4. City Clerk's Report 6. Finance Director's Report r 6. Planning a Zoning Commission's Report I� 7. Kenai Peninsula Borough Assembly's Report 1 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. Mr. Art Evans 2. Councilwoman Betty Glick ADJOURNMENT i ( 1 � I - r ?j f......._.,..,Eff J KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 17, 1976 - 8: 00 P.M. KENAI PUBLIC SAFETY BUILDING VICE -MAYOR RICHARD I. MORGAN PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Betty Glick, Edward Ambarian, Tom Ackerly, Walter Sweet, D, Whelan and Richard Morgan Absent: James Elson AGENDA APPROVAL: The following items were approved for addition to the agenda: G-8: Resolution No. 76-77 - Accepting additional grant funds from State for EDA Water Well Project (i-9: C.onsent to Assignment - Bullock's Trucking & Excavating to Shirley Morgan, Max Swearingen and Patrick O'Connell B. PUBLIC HEARINGS B -h Ordinance No. 297-76177(B) - Street LiRhtiniz Aareement Vice Mayor Morgan read Ordinance No. 297-76/77(B) by title only as copies were provided to the public. "An ordinance of the Council of the City of Kenai, Alaska amending the 1976-77 General Fund Budget by increasing estimated revenues and appropriations in the amount of $6, 500 under the budgetary guideline entitled "Public Works - State Lighting Agreement"." City Manager Wise advised that as the City had entered into an Illumination Agree- ment with the State of Alaska of maintenance of street lights and the City would in turn receive partial reimbursement of the power cost-- it was necessary for the proper appropriation of funds be made to facilitate the City's responsibility for responsibility of maintenance and repair of the illumination system within the corporate limits of the City of Kenai. Vice Mayor Morgan opened the hearing to the public -- there being no public input, the hearing was returned to the Council table for action. MOTION: Councilman Sweet moved, seconded by Councilman Ackerly, for adoption of Ordinance No. 297-76/77(B), amending the 1976-77 General Fund Budget by �j increasing estimated revenues and appropriations in the amount of $6,500 under the budgetary guideline entitled "Public Works - State Lighting Agreement". RENAL CITY COUNCIL„ REGULAR MEETING, NOVEM13ER 17, 1976 Page 2 Motion passed unanimously by roll teal vote. B-2: Ordinance No. 310-76 - Revising Schedule "H" of the Water and Sewer Rates Vice Mayor Morgan read Ordinance No. 310-76 by title only as copies were available to the public. "an Ordinance of the Council of the City of Kenai. Alaska, revising Schedule H - Water and Sewer Permits - of the Schedule of Rates for users connected to City Water and Sewer Systems". City Manager Wise reported that the fees set are based on the size of service and the funds collected would be reserved for water and sewer capital Improvements. Vice Mayor Morgan opened the hearing to the public. There being no comment, the hearing was returned to the Council table. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Ordinance No. 310-76, revising Schedule H of Water and Sewer Permits of the Schedule of rates for users connected to City water and sewer systems. Councilman Sweet quesduned if a single family residence rewired a larger line size i.e. a residence were to install a sprinkler system for fire safety which resulted In a 1-1/2" size. would this residence be charged the fee for a normal single family dwelling? Mr. Wise advised that the single family residence would be charged the fee for the exact size of service they installed. Councilman Sweet stilted he would be in opposition as this individual would be penalized when in twin he would be saving costs in fire prevention, etc. NOTION; Councilman Sweet moved, seconded by Councilman Whelan, to amend the motion to Include That a single family residence would be limited to the *V400 fee irregardless of sae of service for hook-up. Councilman Morgan stated that he felt this amendment may open areas of difficulty which would abuse the rate schedule as proposed. QUESTION - AMENDMENT Failed by roll call vote. Voting no: Glick, Ambarian, Ackerly, Whelan and Morgan. Voting yes; Sweet. QUESTION - MAIN Passed by roll call vote. Voting yes; Glick, Ambarian, Aekerly, Whelan and Morgan. Voting no; Sweet. N IF 1 C KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 17, 1976 Page 3 8-3: Ordinance No. 316-76 - Amending. 1978 Kenai Municipal Airport Regulations t Vice Mayor Morgan read Ordinance No. 316-70 by title only, "an ordinance of the f Council of the City of Kenai Amending the 1976 Kenai Municipal Airport Regulations". Copies were available to the public. Mr. Wise reported that a correction should be noted in Section 9, 0.090 rUse of the runway or Taxiway C ......... rather than on. Vice Mayor Morgan opened the hearing to the public. There being no one present who wished to be heard, the hearing returned to the Council table. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Ordinance No. 316-76, amending the 1976 Kenai Municipal Airport Regulations, as emended. Motion passed unanimously by roll call vote. B-4: Old Library Building and Lands Mr. Wise advised that as the library had moved into its new facility, Administration requested Council direction as to the use of the old building and surrounding lands. Mr. Wise further stated that as the old building is in disrepair, etc. he was afraid the building would be subject to vandalism being left vacant. Vice Mayor Morgan opened the hearing to the public . Mr. Roger Meeks - representing Historical Society Mr. Meeks read a proposal from the Historical Society wherein should the Council turn over the responsibility of the old library building and lands to them for community use. Mr. Meeks reported that the Historical Society would beautify the park area, renovate the building and perform other various requirements for a trial period in accordance with a mutual agreement with the City of Kenai. Councilman Morgan stated that when the property was deeded to the City it was restricted to be used for community activities only. Councilman Ambarian stated that the City Manager had suggested to dispose of jthe building in that bringing the building up to code would be quite costly. Mr. Meeks ' stated that he felt minor corrections could be made without involving too much expense. .i ;? Mrs. Francis Meeks - Mrs. Meeks stated she felt. that a green strip should be retained as more and more apartment buildings were being constructed in the area and the City should provide for playground and open space for the present as well as the future. Mrs. Louisa Miller - Mrs. Miller stated that children have no place to play who live l in the downtown area and requested Council consideration to retain this area for a community park area. KENAI CITY COUNCIL, REGULAR MEETING, Nt1di:NBER 17, 1976 Page 4 - Lt, Fanning, Salvation Army. Lt. Fanning stated the Salvation Army was in need of a building to be used during the Christmas holidays for storage of foods for the Christmas baskets. Lt. Fanning said that the Salvation Army would provide insurance And remove the City of all liability and this in turn would allow time for the Historial Society to investigate availability of grants and put together a plan for use of the facility. Mr. Meeks further stated with granting the responsibility of the old library building and lands to the Historical Society they would in turn make all users directly responsible to them with the Historical Society being the only agency responsible to the City. Linda McNair of the Kenai Fine Arts group stated that they as a group are not interested in the old library building as they have made improvements to the Old Fire Hall and this facility serves their purpose, however, they would also recommend that the Historical Society be considered as the likely agency. Mrs. McNair explained some of the uses In the old Fire Hall one of which is a Montessori school. Mr. Bill Tschoepl representing the Kenai Mayor's Council on Aging; stated he would like to see some organization be given responsibility of this building as many senior citizens or members of various community groups who would be in attendance at the meetings and holding these meetings in the old library building would eliminate the use of the Sr. Citizen Center located in Fort Kenny which necessitates the use of the stairs and creating much hardship for many individuals. Councilman Ambarian stated he felt that a decision could not be rendered by Council at this evening's meeting, and recommended that the City Manager meet with the Historical Society and come up with a proposal to be presented at the next meeting of the Council. Councilman Ackerly inquired as to what this would mean with regard to the Salvation Army. Councilman Ambarian stated that there would most likely be other buildings available in the City to serve their purposes. MOTION: Councilman Sweet moved, seconded by Councilman Whelan, that the Council authorize the Salvation Army use of the Old Library Building until the first of the year relieving the City of Kenai of all liability and the Salvation Army assuming responsibility of utilities and insurance and during the interim period the Council hereby authorizes the City Manager to meet with the Historical Society to put together a viable program to be presented to the Council. Motion passed by roll call vote. Voting yes; (hick, Ackerly, Sweet, Whelan, Morgan Voting no; Ambarian. C . PERSONS PRESENT SCHEDULED TO BE HEARD C-1: Mr. Ted Carson representing Yoshi and Ruth Shiohira Mr. Carson again came before Council reiterating that the Shiohiras had leased J ,III ! I WIC I 11 ---- l KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 17, 1976 Page 5 lot 3 in Gusty Subdivision and were advised by the City that sewer was available to their property when in fact it was not. Therefore, Mr. Carson requested that the City compensate them for the cost of the new sewer line to be brought to their property. Also, Mr. Carson advised that after discussions with the City Manager, his client has agreed to waive the former decision of the City Council in that the City would "rebate erroneous sewer charges" which in.. fact that a portion had been tapped into the City sewer system . Mr . Carson further stated that the remaining problem would be, therefore, instillation of sewer main and presented a copy of a billing from Doyle's Excavating and Construction Co. in the amount of $1,500. Vice Mayor Morgan advised Council that first action required would be reconsideration of the Council's motion to rebate certain charges. MOTION: Councilman Sweet moved, seconded by Councilman Ackerly, for immediate reconsideration of the motion of October 6, 1976. Motion passed unanimously by roll call vote. MOTION: Motion that the City of Kenai refund erroneous sewer charges for the time period OW the Shiohiras, at their present location, were not hooked into the City sewer system failed unanimously by roll call vote. Council discussion followed with regard to City's responsibility, the fact that Ed Ferguson had been compensated by the City for sewer main extension and perhaps should, therefore, be responsible, and whether or not an assessment district had been formed (which it had not) . City Attorney Janis Williams, advised Council that it was her opinion that the City was not 19 "all responsible for this bill. Councilman Morgan and Councilman Whelan both agreed that the City did have some moral responsibility with regard to this matter. MOTION: Councilman Whelan moved, seconded by Councilman Sweet, that the Council of the City of Kenai hereby authorize payment in the amount of $1,500 out of Water/Sewer Bonds to Yoshi Shiohira for installing 60 feet of 9" City sewer main at $19/foot and four hours looking for sewer main at $90/hour based on the evidence presented to Council. Councilman Ambarian stated he opposed this payment as the cost of the installation had not been checked out by the Public Works Director to see H the charges were equitable, no sales tax was included on either of the billings from Doyle to the Shiohirae so, therefore, Councilman Ambarian stated he felt that these bills should be reviewed closely before a final decision is rendered. Motion passed by roll call vote. Voting yes; (click, Ackerly, Sweet, Whelan and Morgan. Voting no; Ambarian. T 4' KENA1 CITY CQUNCIL, REGULAR MEETING, NOVEMBER 17, 1976 Page 6 C-2: Mr. Ron Miller - Peninsula Sanitation F --1 Mr. Miller requested that Council grant relief of a billing sent to the Kenai Peninsula Borough for approximately $1,500 for City of Kenai Fire Department response to fires at the Kenai landfill. Mr. Miller further stated that as he was a Kenai taxpayer he felt he should not be held liable for this billing and attributed many of the fires to residents living in the immediate area . Councilman Whelan inquired as to the rationale behind Chia billing and was advised by City Manager Wise that this facility was a Borough responsibility and also tax exempt property. City Attorney Williams advised that the proper action is between the City and the Borough and not between the City and the contractor or Mr. Miller. Mr. Miller advised that his contract with the Borough stated he was responsbile for fire control. Councilman Ambarian stated he felt that the Borough should take care of the matter. With unanimous Council concurrence, Administration was directed to pursue the matter of the bunng with the Kenai Peninsula Borough. D. MINUTES D -b Minutes of the reMdar meeting of November 3, 1976 " The corrections were made to the minutes of the meeting of November 3, 1976 as follows: Page 8(g) - Councilman Morgan stated that he did not agree with the concept that the City of Kenai had a commitment to provide a sewer line to the Chace Brethren Church off Tinker Lane and, therefore, was not required to go to bid until decision was made with regard to this matter. Page 3 (0-1) - Councilman Whelan requested that on future "Bills to be paid - bills to be ratified" forms be modified to include line item authorization for expenditures. There being no further corrections, the minutes stood approved. E. CORRESPONDENCE None F. OLD BUSINESS None 0. NEW BUSINESS 0-1: Bills to be Maid - bills to be ratified Vice Mayor Morgan asked that the bills be identified. Mr. Wise, City Manager, reported M 11 KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 17, 1976 Page 7 that all items were budgeted and that the Kenai Electric billing was the only capital �! f expenditure. Councilman Whelan stated that during the work sessions on the proposed budget no funds were allocated specifically for travel and lodging for the Alaska Municipal League meeting. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for approval of those items to be paid and those items for ratification. Motion passed by roll call vote with Councilman Whelan voting no 0-2: Resolution No. 76-71 - Building Corrections to Fort Kenay Vice Mayor Morgan read Resolution No. 76-71 by title only "a resolution of the Council of the City of Kenai authorizing the City Manager to prepare specifications and to accept bids for building corrections to Fort Keney" . Copies were available for the public. MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, for adoption of Resolution No. 76-71, authorizing the City Manager to prepare specifications and to accept bids for building corrections to Fort Kenay and such resolution to be amended to include that funding was provided under Ordinance No. 319-76. Motion passed unanimously by roll call vote. 0-3: Resolution No. 76-72 - Amending Airport Janitorial Service Contract Vice Mayor Morgan read Resolution No. 76-72 by title only, "a resolution of the Council of the City of Kenai authorizing the City Manager to execute an amended contract for Janitorial services for the Kenai Municipal Airport Terminal Building". Copies were available prior to the meeting for the public. Mr. Wise advised Council that this amendment was required as Livia's Janitorial Service was unable to secure a surety bond and the City had been so advised by a local insurance carrier. Administration recommends that the contract be amended to delete the requirement of a surety bond and substitute a retainage in the amount of $400 for the life of the contract. Councilman Aekerly questioned if $400 would be an adequate amount for retainage. Councilman Whelan asked if the City had an alternative and Mr. Wise advised that Livia's Janitorial would not be able to obtain the surety bond from any ! { insurance carrier. MOTION: Councilman Whelan moved, seconded by Councilman Sweet, for adoption of Resolution No. 76-72, authorizing the City Manager to execute an amended contract i for janitorial services for the Kenai Municipal Airport Terminal Building. .3 Motion passed unanimously by roll call vote. i i KENAI CITY COUNCIL, REGULAR MEETING. NOVEMBL 17, 1976 G-4: Resolution No. 76-73 - Implementation of Sr. Citizen Nutrition Program 1 Page 8 Vice Mayor Morgan read Resolution No. 76-73 by title only "a resolution of the Council of the City of Kenai authorizing the City Manager to prepare specifications and to receive bids for implementation of the Nutrition Program. Copies were avail- able for the public. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Resolution No. 76-73, authorizing the City Manager to prepare specifications and to receive bids for implementation of the Nutrition Program. Motion passed unanimously by roll call vote. G -S: Resolution No. 76-74 - Maintenance and Repair of Street Lichts Vice Mayor Morgan read Resolution No. 76-74, "a resolution of the Council of the City of Kenai authorizing the City Manager to prepare specifications and to receive bids for implementation of the maintenance and repair of the street lights in the urban section along the Spur Highway". Copies were available of the resolution for the public. MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, for adoption of Resolution No. 76-74 authorizing the City Manager to prepare specifications and to receive bids for implementation of the maintenance and repair of the street lights In the urban section along the Spur Highway and also that Administration be directed to look into the use of sodium vapor lights. Motion passed unanimously by roll call vote. G-6: Resolution No. 76-75 - Refection of bids for Tinker Lane Sewer Extension Proiect Vice Mayor Morgan read Resolution No. 76-75, "a resolution of the Council of the City of Kenai authorizing the City Manager to reject all bids received for Tinker Lane Sewer Extension Project. Whereas, the City of Kenai received bids for the Tinker Lane Sewer Extension Project, and Whereas, all bids received were in excess of funds available to support such a project. Now, therefore, be it resolved that the City Manager is hereby authorized to reject all bids received for the Tinker Lane Sewer Extension Project". Vice Mayor Morgan reiterated his stand with regard to this matter and inquired why the City had gone to bid on this project? Mr. Wise reported that certain correspondence contained in the City's files indicated that the City had some liability to perform this project. Vice Mayor morgan stated that he felt the City should pro- ceed with the rejection of the bids and that Administration should thoroughly investigate the matter to determine the City's obligation with regard to providing such a service. a r KENAI CITY COUNCIL„ REGULAR MEETING, NOVEMBER. 17, 1976 Page 9 4 MOTION: Councilman Whelan moved, seconded by Councilwoman Glick, for adoption of i. Resolution No. 76-75, rejection of bids for Tinker Lane Sewer Extension Project. Motion passed unanimously by roll call vote. G-7: Resolution No. 76-76 - Change Order 02 - FDA Water Well Project Vice Mayor Morgan read Resolution No. 76-76 by title only, "a resolution of the Council of the City of Kenai, Alaska, authorizing Change Order #2 to the EDA Water Well/Transmission Line Construction Project". MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, for adoption of Resolution No. 76-76, authorizing Change Order #2 to the EDA Water Well/ Transmission Line Construction Project In the amount of $13,461. Motion passed unanimously by roll call vote. 0-8: Resolution No. 76-77 - Accepting Additional Grant Funds from State of Alaska Vice Mayor Morgan read resolution No. 76-77 by title only. "A resolution of the Council of the City of Kenai accepting additional funds in the amount of $38,150 increasing the State of Alaska, Department of Environmental Conservation's share t to $347,900 for the Kenai Water System Expansion Project". Copies were available for public perusal. MOTIONS Councilman Ambarian moved, seconded by Councilman Whelan, for adoption of Resolution No. 76-77, accepting additional funds in the amount of $38,150 increasing the State of Alaska, Department of Environmental Conservation's share to $347,900 for the Kenai Water System Expansion Project. �. Motion passed unanimously by roll call vote. 0-9: Consent to Assignment - Bullock to Shirley Morgan, Max Swearingen & Patrick O'Connell f Mr. Wise advised that Bullock's Trucking & Excavating, Inc. , Walter and Myrtle Bullock requested a "Consent to Assignment" to Shirley L. Morgan, Max Swearingen and Patrick M. O'Connell for Lot 8, Block 3, Cook Inlet Industrial Air Park Subdivision. Mr. Wise further advised that he had received a telephone call from Mr. Bullock confirming that a letter would be forthcoming with regard to the request for assignment. MOTIONs Councilman Ambarian moved, seconded by Councilman Sweet, for Council approval of consent to assignment from Bullock's Trucking & Excavating, Inc. f KENAI CITY COUNrIL. REGULAR MEETING, NOVEMBER 17, 1976 Page 10 to Shirley L. Morgan, Max Swearingen and Patrick O'Connell on Lot 8, Block 3, Cook Wet Industrial Air Po.rk. Motion passed unanimously by roll call vote with Councilman Morgan abstaining. H. REPORTS H-1: City Manager's Report City Manager Wise commented on items contained in his Administrative Report 05, a copy of which is attached in its entirety, and becomes a part of the official transcript of the proceedings of this meeting. MAYOR a COUNCIL - QUESTIONS AND COMMENTS Councilman Ambarian requested that all future water shut -downs in the City be well advertised in advance. Councilman Whelan stated he felt that though the Council should not interefere in the day-to-day operations of the City, it was necessary for the Council to set some policies with which Administration could use as guidelines -- therefore, the Council should hold a meeting to set these policies and then hold another meeting with the Manager to enter into discussions on these policies. Councilman Morgan stated that the Council also need to set a list of priorities to be presented to the Peninsula Legislative group before they leave for Juneau. Council set a Special Meeting for Wednesday, November 24, 1976, at 5:00 p.m. In the Kenai Public Safety Building. Vice Mayor Morgan will develop the agenda. Councilman Ackerly inquired as to the status of the designs submitted by the High School Art Department for the mural on the Terminal Building. Mr. Wise stated he would be contacting the school this week. Councilman Sweet inquired as the status of berm removal -- Mr. Wise advised that data was being prepared for presentation to the Council. Councilman Sweet advised that he had talked with a representative from the State Highway Dept. who stated they had a peace of equipment attached to their graders that would quickly remove the berms. Council directed Administration to look into this. Councilman Whelan referred to the memorandum received from the City Manager with regard to re -location expenses and asked when an appropriate time would be to discuss this matter. Mr. Wise requested that Council take this up in a session wherein he was not present. Councilman Ackerly stated that during the public hearing on the Old Library Building and Lands that the Kenai Pine Arts group had commented that a Day Care Center is being run out of their facility -- Councilman Ackerly questioned the 4 F- / --W KENAI CITY COUNCIL. REGULAR MEETING, NOVEMBER 17, 1976 Page H legality of this operation and asked that in view of the fact that the City had just f rendered a decision on the operation of a school in a non-coinplying zone and as this is a lease of City owned lands perhaps Administration should investigate j the matter immediately . Council so directed Administration to immediately act on the matter of a Day Care Center operating out of the Fine Arts Building. H-2: City Attorney's Report Tidelands - The State has been unable to report the status and Mayor Elson, acting in behalf of the City, will check further into the situation. i Kenai Baptist Temple - The City will file a Motion for Preliminary Injunction and an Amended Complaint. Filler Case - Court should render a decision in the next two or three months -- a final decision may take up to six months. Employee's Suit - No change in status. The plaintiff has resigned from the employ of the City and the City could, therefore, file a motion for dismissal. H-3: Mavor's Report None H-4: Citv Clerk's Report Clerk Sue Peter reminded Council of the new library dedication ceremonies to be held Sunday at 2:00 p.m. H-5: Finance Director's Report None H-6: Planning & Zoning Commission's Report Councilwoman Glick reported that the Commission swore in Sharon Loosli as a new member at the last meeting of the Commission and three additional names had been presented to Mayor Elson to fill the remaining vacancy on the Commission. The Commission also considered North Gate Subdivision adjacent to Sears Elementary and after much discussion approval was given. Vice Mayor Morgan asked if Councilwoman Glick felt that the Commission could offer input as to what to do with the old library building and lands and Councilwoman Glick suggested the matter be included on the next agenda of Commission for their perusal and recommendations to Council. H-7: Kenai Peninsula Borough Assembly's Report None I - i -- KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 17, 1976 I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I -l: Mr. Art Evans T 'r r -m Page 12 Mr. Evans inquired as to the status of the audit and was advised by Mr. Wise that the Council had been presented with a rough drfat and report on November lith. The reason for the delay was that there were some problems in confirming the reassessment districts which has been resolved and the audit is now in the final typing stage and should be ready for presentation in the very near future. Mr. Evans stated he could not see the reason for the delay in the audit as it was to be completed by September 30th. Vice Mayor Morgan advised that the City could not provide some of the information required so the firm pulled off the audit until the information was available. Also, the Sr. Accountant left In the middle of the audit which necessitated bringing in another accountant to take over. -- which created some delay. Mr. Evans stated that in view of the up -coming special session of the Council he wished that Council would take into consideration some of the. reports that he had been hearing with regard to the fact that the City Manager was not allowing Department Heads to attend the meetings. Mr. Evans further stated he would like to remind the Council that because of this policy many problems arose for the City in the past. Also, some of the questions posed at the meeting could have been answered by the individual Department Head without a delay in obtaining an answer. Mr. Evans stated that due to the newness of the current administration, it would be imperative to have these Department Heads present. I-2: Councilwoman (click Councilwoman Glick reported on her activities at the Annual Municipal League meeting held in Fairbanks and the value on the information received and assistance given from other officials serving in similar capacities. MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, that the Council adjourn to other chambers for the purpose of an executive session to discuss relocation expenses for the City Manager. Mr. Max Swearingen objected to the Council meeting in an executive session to discuss a matter which would not reflect on the personal character of the individual involved and as this would involve taxpayers funds, the subject - - j should be discussed in a public meeting. With consent of second, Councilman Ambarian withdrew his motion and moved for immediate adjournment. Motion passed unanimously. T KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 171 1976 There being no further business of the Council of the City of Kenai, the regular meeting of November 17, 1976 adjourned at H: 30 p.m. Respectfully submitted, Sue C.PPeter, City Clerk li Page 13 21 IL CITY OF KENAI ADMINISTRATIVE REPORT 05 Administration and Finance 1. Terminal Janitorial Contract We have determined that the party which we contracted for janitorial service in the Terminal is unable to obtain a surety bond and we have this in writing from Leo Oberts Insurance Company that such bonds are not available. We are, therefore, proposing to modify the contract by requesting a $400 retainage through the life of the contract to provide a source in the event there is a surety problem. The contracting party has agreed to this and we feel it is a most logical solution to our problem -- request approval of the change in the contract terms. 2. Dan Brous Building I have spoken with the City Fire Chief and we have reviewed a number of buildings which appear to be dangerous, potential hazards and public nuisances. The bulk of these buildings have now been posted and we will pursue abatement of nuisances in the near future as we can. 8. Fire Experience - Month of October An important aspect of the report is that we had one structural fire and five others. Essentially, minimal damage within the City. 4. Senior Citizens - Nutritional Program I have a resolution on the agenda requesting authorization to prepare specifications to accept bids for the necessary building corrections required to meet State standards in the use of Port Kenny as a food service activity. Department of Public Works 1. Animal Shelter At this time, all that remains to be done at the Shelter is installation of a hot water tank, sink and the cages. Hopefully, we will be able to move into the facility the latter part of this coming week. a t ADMINISTRATIVE REPORT 05 - Page Two 2. EDA Water Well Project f All the transmission water line has been installed at this time except for a small s portion in an area of swamp land between Raven Street and Well ':a. 1. This coming Saturday morning at 1: 00 a.m. to approximately 6 a.m., we will have to shut down the City water system so that they can make a tie-in with this line to the existing line from Well No. 1. This should be complete by 7: 00 a.m. at f which time our employees will bleed the system, flush hydrants and restore pressure. Essentially, the transmission line work has been completed. In regards to the well, the well driller is in the process of drilling and seems to be proceeding very well. The difficult portion of the drilling is yet to come and will be at the lower 75% of the well. This is at the point where he will enter the wator bearing stratum or aquifer. 3. Sewer Treatment Plant Regrettably due to the snow, we have been unable to test run the 60 kilowatt generator. U weather bears with us we shall have this test run properly Installed in the near future. 4. Snow Removal Snow removal has proceeded as normal and quite effectively due to the warm storage faeility which has enabled us to move the equipment promptly onto snow removal projems. 5. Airport LiPhtinK We have had some minor problems on the airport lighting approach lights and runway lights. however, we seem to have been able to accomplish the necessary corrective action. 0. Building Permits I would like to bring your attention that in October we issued building permits In an estimated value of $000,000 for approximately twelve residential and two commercial structures. 7. EDA Reservoir We have received acknowledgement from EDA in Seattle that they have received our application. We have also received A-85 Clearinghouse Approval, therefore, our application hopefully is fully complete and should be able to be acted upon In the very very near future. I T- -.r - - - - - - --- -% aTY OF KENAI P-O.BOX 58O - UNACALASKA - PHONE 483-7535 TO. FROM: ,�/ j DATE REFERENCE 1� wo Xz fe- &;d tox 4 614,,,W.4 1 /6., aooav ew.." ow -"-r 1-aul 391 -o -a -g7 COO yt SIGNED IpwdlWf ®Moan i Famq, lns.• d* • I MY a j WINCE * CORTHELL & ASSOCIATES CONSULTING ENGINEERS _ LO. Boil 1041 283.6672 KENA1. ALASKA 99611 i City of !tenni Box 580 Kenai, Alaska 99611 Attention: Mr. Join E. Wise City Manager Subject: Billing for Engineering Services Municipal Park Project 1974 Dear W. Wise: November 10, 1976 On two separate occasions we have written to the City of Kenai regarding the subject billing and to date have not received an answer to our questions. Having spoken to Susan Cartwright of your finance department on 9 Nov 76 regarding this matter, there appears to be some confusion concerning the original. billing. We are aware of the changes in personnel at the City since the work performed by our firm on this; project was completed, and I will therefore endeavor to provide additional background information at this time. Our bill in the amount of $2,391.00 was for work performed by Wince-Corthell and Associates' employees during regular working hours at the request of the Kenai City Manager, Mr. George Navarre. The scope of the work included ` surveying, drafting, and construction supervision, as well as, assistance on the grant application under which we believe our bili is reimtursible. In addition to the time for which payment was requested, we donated a considerable amount of work to the Peninsula Oilers. This time was submitted separately and was utilized as part of the 50% contribution required by the grant. I hope that this letter will help clarify any misunderstanding which may have arisen. If further information is required please feel free to contact me. Very truly yours, Wince- orthell & Asso- ates 0. raig 1: rer_ , r. E. cc: Susan Cartwright i i• Philip W. Bryon, P.C. 1' John L. Ceru/li, P. E. Alan N. Corthell, i, E. Nele O KjNrtod, RE. prank VI. winto, I. E. CITY OF KENAI RESOLUTION NO. 76-80 '. A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI. ALASKA, REPEALING THAT PORTION OF RESOLUTION 76-64 WHICH RELATES TO WATER IMPROVEMENT DISTRICTS NO. W-3 AND W-4 AND SEWER IMPROVEMENT DISTRICT NO. S-4. WHEREAS, the Council has determined that further investigation must be made on j Water Improvement Districts No. W-3 and W-4 and Sewer Improvement District No. S-4 before any reassessment is attempted. i NOW, THEREFORE, BE IT RESOLVED by the Council of the city of Kenai, Alaska, that Resolution No. 76-64 is hereby amended by deleting all references in the Whereas clauses in Section 1 and in Section 4 to water Improvement Districts W-3 and W-4 and Sewer Improvement District S-4. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lot day of December, 1976. JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk CITY OF KENAI _i i� RESOLVT1nN NO. 76-88 BE IT RESOLVED BY THE COUNCIL nF THE CITY nF KENAI, ALASKA, THAT THE FOLLOVING TRANSFER OF MONIES RE MADE WITHIN THE 1976-77 GENERAL FUND BUDGET. FROM: J Contingency ($12,420) TO: ' Non-departmental/Insurance $12,420 The purpose of this resolution is to transfer budgeted dollars for the purpose of paying insurance premiums for the City of Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lot day of December, 1976. JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk Public Works Planning 8 Zoning E 40.58 Workmen's comp. " Streets - Workmen's " Building Ins.0 0 $ 202.918 r Shop it " $ 608.73 " Animal Control" " E 101.45 Water & Sewer Water b Sewer " " E 405.62 " Sewer Treatnt " " E 405.82 I Parks A Recreation Parks 8 Rec. " " E 101.45 Airport Terminal Airport Manager Airport M b 0 Airport M & 0 " " $ 101.45 AV.. PSanicipal Emp. r ~ Fed. Credit Un. E 4.212.00 Credit unionw/h Water 8 Sewer Credit union w1h liability $ 10.00 i — feACrs�Lf.yl►d 61" ° S 4,702,00 national Bank of Ak $15.422.60 Fed w/h liab. " Fed. w/h liability 14.274.00 Nater & Sewer " E 1.148.60 FOR RATIFICATION I First Federal S & L 200.000.00 Purchase of TCD Central Treasury Central treasury- E 200.000.00 investments ' s f E t i y IC .' { i� Y 71f i {�flj I i F She foliowing are items over $500.00 which need Council approval or ratification: Vendor _ Anount Oescriotion Prq.iect/Oeot A/C eharaed by Amt. FOR APPROVAL KUSCO S 1.849.54 November aas //. P.O. i r charges Library Library - Pub. Util E 166.74 Council on Ag. Council on Aging nuPublictll. E 62.29 Police Police - Public Util. E 108.78 Fire - Public Util. E 217.89 Public Works Shop - Public Util. E 316.14 WAter & Sewer W b S - Public Util. E 601.08 Airport Terminal Airport Terminal - Public Util. E 376.62 Brad Ragan. Inc. E 583.14 Grader tires Public works Shop - repair b maint. supplies..— $--683.14- _81a Van Waters L Rogers E 780.00 Liquid chlorine Water & Sewer Sewer treatment - 8664 Kaehine�y & Ori ti°peratingsuppl-tes--E_760,00 Steel E 711.27 Gverhaul cyclo blower Water & Sewer Sewer treatment - �epalr b ma.inEgnance S 711 27 8541 Livia's Janitorial E1,442.00 Airport janitor - — Svc Airport Terminal Airport terminal - Professional svc E 1.442.00 Dawson & Co. $ 22.565.48 Workmen's comp. A umbrella policy Non -departmental tion-departmentai- insuranceE 12.420.00 Legislative Legislative - Wkmn Comp.E 20.29 Legal Legal " 1 507.27 City Manager City Manager " E 304.36 Finance Finance " 913.09 Revenue Revenue " 208.09 Library Library " E 202.91 Council on Aging Council on Ag. " E 101.45 Communications Communications " E 608.73 Police Police " " E 2.130.55 Fire Fire n" E 1.826.19 Fire Fire Aux. Is " E 101.45 Fire Fire School - " " E 20.29 Public Works PW Admin Is " E 507.27 i r CITY OF KENAI ORDINANCE NO. 297-76/77(C) AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A SPECIAL REVENUE FUND ENTITLED TITLE ll, ANTI -RECESSION REVENUE SHARING BY INCREASING ESTVIATED REVENUE AND APPROPRIATIONS IN THE AMOUNT OF $13,957. WHEREAS, Resolution No. 76-68 authorized the City Manager to execute the Statement of Assurances required to obtain this funding, and WHEREAS, the City of Kenai has received $13,957 of Title Il, Anti -Recession Revenue Sharing for the first two quarters of fiscal year 1976-77, and WHEREAS, Federal requirement mandate that these funds must be spent within six months of receipt, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai that a Special Revenue Fund be established and the 1976-77 General Fund Budget be amended to reflect the following increases in estimated revenues and appropriations. Special Revenue Fund: Increase Estimated Revenues Public Works Employment Act of 1976 Title U, Anti Recession Revenue Sharing $13,957 Appropriations: Interfund Transfer to General Fund $13,957 General Fund: Estimated Revenues Interfund Receipts $13,957 t I ORDINANCE NO. 297-76/77(C) - Page Two i i ,e"� Appropriations: Police Department - Wages PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this of , 1976. JAMES A. ELSON , MAYOR ATTEST: Sue C . Peter, City Clerk FIRST READING: SECOND READING: EFFECTIVE DATE: a I I I I J Fi I I I � IIS k i i I t a l • --_--yf__...._ Tl- .. _�. .. _ _ .-__ _.__ _ ��-�-'6I+�1L,F1A>A��1/I t CITY OF KENAI ORDINANCE NO. 321-76 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A CAPITAL PROJECTS FUND ENTITLED FOREST DRIVE WATER LINE AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AMOUNT OF $105,333. WHEREAS, the City of Kenai has accepted a grant in the amount of $52,667 from the State of Alaska, Department of Environmental Conservation, for the construction of the Forest Drive Water Line, and WHEREAS, the City of Kenai to matching this grant by contributing $52,667 from pro- ceeds of the 1874 Refunded Bond Issue, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai. Alaska, that the following increases in Estimated Revenues and Appropriations are hereby made: Capital Projects Fund: Forest Drive Water Line Increase Estimated Revenues State of Alaska, Department of Environmental Conservation $52,667 Water and Sewer 1874 Refunded Bonds (52,667) City Contribution to Forest Drive Water Line $52,067 Increase Appropriations: Forest Drive Water Engineering and Inspections 7.000 Construction "o333 $ 105,333 Water and Sewer 1974 Refunded Bonds (52,667) PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of 11976. JAMES A . ELSON , MAYOR ATTEST: Sue C. Peter, City Clerk FIRST READING: SECOND READING: EFFECTIVE DATE: It 11 L CITY OF KENAI ORDINANCE NO. 322-76 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A CAPITAL PROJECTS FUND ENTITLED "KENAI WATER PROJECT NO. 07-01-01684" AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AMOUNT OF $1,392,000. WHEREAS, the City of Kenai is desirous of constructing a new water well and transmission lines, and WHEREAS, the Economic Development Administration has granted funds in the amount of $696,000 for this project, and WHEREAS, the State of Alaska has also obligated $348,000, and WHEREAS, the City of Kenai's matching share for these grants is $348,000 financed by the 1974 Refunded Bond Issue, and WHEREAS, proper accounting practices require that all . . lations and transfers of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, that the following increases in estimated revenues and appropriations are hereby made: Capital Projects Fund: Kenai Water Project No. 07-01-01684 Increase Estimated Revenues EDA Project No. 07-01-01684 $696,000 State of Alaska, Department of Environmental Conservation $340,000 Water and Sewer 1974 Refunded Bonds (348,000) City Contribution to Kenai Water Project Increase Appropriations Kenai Water Project No. 07-01-01684 Administrative Expense a. Interest b. Other Preliminary Expense Land, Structures, Rights-of-way Architectural/Engineering Basic Fees $348,000 17,000 8,112 600 100 98,900 !, WL ORDINANCE NO. 322-76 - Page Two Other Architectural/Engineering Fees Project Inspection Fees a. Construction Inspection b. Project Audit Construction Contingencies t : Water and Sewer 1974 Refunded Bonds PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Of , 1976. ATTEST: Sue C. Peter, City Clerk JAMES A. ELSON, MAYOR FIRST READING: SECOND READING: EFFECTIVE DATE: r '°--- - ;L T- — CITY OF KENAI RESOLUTION NO. 76-78 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING THE AMENDED GRANT FUNDS IN THE AMOUNT OF $696,000 or 50% OF TOTAL PRO- JECT COSTS, WHICHEVER IS LESS, FROM THE ECONOMIC nEVELOPMENT ADMINI- STRATION FOR KENAI WATER PROJECT NO. 07-01-01684 WHEREAS, Resolution No. 76-7 authorized the acceptance of $607,000 from the Economic Development Administration for the construction of the Kenai Water Pro- ject No. 07-01-01684, and WHEREAS, EDA has tended an offer to amend the original grant by an additional $89,000, and WHEREAS, the revised grant of $696,000 would fund 50% of this project. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, that this amended grant by the Economic Development Administration be accepted in the amount of $696,000 for the construction of Kenai Water Project No. 07-01-01684. PASSED BY THE COUNCIL OF THE CITY OF KENAI this lot day of December, 1976. ATTEST: Sue C. Peter, City Clerk JAMES A. ELSON, MAYOR V i -- ,-� - -- - ' -74F'.-- CITY OF KENAI RESOLUTION NO. 76-79 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE WITHIN THE 1976-77 AIRPORT Mb0 BUDGET. FROM: Airport M&O Repair & Maintenance Supplies ($300) TO: Airport M&O Machinery & Equipment $300 The purpose of this resolution to to provide funds for the purchase of a cutting and welding outfit to be used for repair on the airport system. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this let day of December, 1976. JAMES A. ELSON, MAYOR ATTEST: i; Sue C. Peter, City Clerk f ARC*tITECTB AND PLAMNDR6 i L1eiNE + KNONUFt + VLUNKETT November 11, 1976 ' City Manager City of Kenai Box 580 Kenai, Alaska 99611 ' Subjects Kenai Community Library STATEMENT Ono Professional Fee 25,287.50 Percentage Complete 100% 25,287.50 Paid to Date 23,264.50 DUE THIS BILLING 2,023.00) A-Vo4 *4= I hereby certify that the above statement is ture and correct and that payment therefor has not been received. Michael E. Plunkett PrinicP al 5os w. WORTHERN LfOHTES ANCSORAOIM 00503 100712748.41039 ROLAND H. LAWS3 ANA DOW R. KNORR VASA MICNNAT]L K. PL1lMKS30" ASA . LVASn OF AIRPORT LANDS OR FACILITIES THIS AGREENIFNT, entered into this day of i8, by and between the CITY OF KL;NAI. a home -rule municipal corporation of Alaska, hereinafter called "City". and ALASKA AFRONAUTICAL INDUSTRII Inc.. a corporation 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 Alaskan to wit: Counter Space 018 (209 square feet), Office Space 019 (79S square feet), First Floor, Terminal Building, Kenai Municipal Airport, as described in that certain deed from the USA to the City of Kenai filed in Book 270. page 303, Kenai Recording District. - Term: The term of this Lease is for Sy years# commencing on theLU_day of December .1976 . to the 30th day of June 1961 . at the annual rental of 5 as set ro-r-t-h belpw. Payment- Subject to the terms of General Covenant No. 10 of Ode Lasso, the rental specified herein shell be payable as follows: (a) Right of entry and occupancy is authorised as of the 3 st day of December . 1976. and the first rent shall be computed from such date until June 30. Tff r. plabi vats o0 # 0 N 0 0 N tl tl 0 0 0 0 tl tl pea 116y0ftt 0 0 tl0 N 1 tl ' 60100 @40fta tl N 0 N #010 ftw shit 1 (b) M%hW rent for the fiscal year beginning July i and ending June 30 shallbe payable in advance, on or before the first day !!>l"MV of each 10W.0 month. month (c) Rental for any period which is less than one (1) 61"8 shall be prorated, based on the rate of the last full *01 month. (d) The rent specified herein is calculated as follows: 004 square feet 61$0000 N 0 0 H N 0 N tl M ptl dtldh/ 9810 dd10� dIN 000000000N000(btyf ey, as set tortn in Schedule 'A", attached. In addition to the rents specified above. subject to noneral Covenant No. 10. the Lessee agrees to pay to the City fees as hereinafter provided: a. (a) Assessments for public improvements now benefiting property In the amount of ; N/A ' (b) Applicable taxes to leasehold interest or other aspects. (o) sales Tax now enforced or levied in the future. (d) Lessee agrees to pay all assessments levied in the future by the City of Kenai, as if Lessee were considered legal owner of record of leased property. (e) Interest at the rate of eight percent (8a) per annum and ten percent 00%# penalties on any amount of money owed under this Lease which Is not paid on t. before the date it becomes duo. (h Additional charges as set forth in schedule A. attached. Page One. LEASE Revision 4/29/76 In t . LVASn OF AIRPORT LANDS OR FACILITIES THIS AGREENIFNT, entered into this day of i8, by and between the CITY OF KL;NAI. a home -rule municipal corporation of Alaska, hereinafter called "City". and ALASKA AFRONAUTICAL INDUSTRII Inc.. a corporation 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 Alaskan to wit: Counter Space 018 (209 square feet), Office Space 019 (79S square feet), First Floor, Terminal Building, Kenai Municipal Airport, as described in that certain deed from the USA to the City of Kenai filed in Book 270. page 303, Kenai Recording District. - Term: The term of this Lease is for Sy years# commencing on theLU_day of December .1976 . to the 30th day of June 1961 . at the annual rental of 5 as set ro-r-t-h belpw. Payment- Subject to the terms of General Covenant No. 10 of Ode Lasso, the rental specified herein shell be payable as follows: (a) Right of entry and occupancy is authorised as of the 3 st day of December . 1976. and the first rent shall be computed from such date until June 30. Tff r. plabi vats o0 # 0 N 0 0 N tl tl 0 0 0 0 tl tl pea 116y0ftt 0 0 tl0 N 1 tl ' 60100 @40fta tl N 0 N #010 ftw shit 1 (b) M%hW rent for the fiscal year beginning July i and ending June 30 shallbe payable in advance, on or before the first day !!>l"MV of each 10W.0 month. month (c) Rental for any period which is less than one (1) 61"8 shall be prorated, based on the rate of the last full *01 month. (d) The rent specified herein is calculated as follows: 004 square feet 61$0000 N 0 0 H N 0 N tl M ptl dtldh/ 9810 dd10� dIN 000000000N000(btyf ey, as set tortn in Schedule 'A", attached. In addition to the rents specified above. subject to noneral Covenant No. 10. the Lessee agrees to pay to the City fees as hereinafter provided: a. (a) Assessments for public improvements now benefiting property In the amount of ; N/A ' (b) Applicable taxes to leasehold interest or other aspects. (o) sales Tax now enforced or levied in the future. (d) Lessee agrees to pay all assessments levied in the future by the City of Kenai, as if Lessee were considered legal owner of record of leased property. (e) Interest at the rate of eight percent (8a) per annum and ten percent 00%# penalties on any amount of money owed under this Lease which Is not paid on t. before the date it becomes duo. (h Additional charges as set forth in schedule A. attached. Page One. LEASE Revision 4/29/76 In a f`1 The purpose for which this tease is issued is: Operation of passenger station and counter ticket sales. GENERAL CtaMANTS 1. Uses- Except as provided herein, any regular use of lands or facilities without the written consent of the City is prohibited, This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas and strecti 2. Uses Not Contemplated Prohibited: Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise, other than as specifically set forth herein. upon. in or above airport lands, without the written consent of the City is prohibited. 9. Impounding, of Property: Any or all personal or real propert placed or used upon Innds or in facilities in violation of prohibitions may be removed and/or impounded by the City. and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $1.00 per day. or $5.00 per day in the case of each building or each aircraft in excess of 0,000 pounds gross weight, or in the case of any other kind of property, an amount not to exceed $5.00 per day. or in accordance with such higher fees as may be incorporated into regulations of City's Airport. 4. Commitment for Rent and Non-Asshfnment: 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 Kauai Planning Commission. (b) After approval by the Renal Planning Commission. final approval of transfer 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. 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 quit and surrender the premises to the City. 0. Payment of stent: Chocks. bank drafts or postal money orders shall be made payable to the City of Kenai, and delivered to the City Administration Building, Kenai, Alaska. 7. Construction Approval and Standards: Building construction shall be neat and presentable and compatible with its use and surroundings. Prior to placing of fill material and/or construction of buildings on a leased area, the Lessee shall submit a plan of proposed development of property to the City Planning Commission which shall be approved in writing for all permanent improvements. •initials: � , ]� Lessee. Lessor: Page Two, LEASE Revision 4/20/40 V F -- ----% - --- , - --_-------.e.-.- LESSKR STATE OF ALASKA ) 88• THIRD JUDICIAL DISTRICT ) On this 26th day of November . 19 76 . before me personally appeared Hamton D. Havneo , known to bo the person who executed the above Lease and acknowledged that he (Mo) had the authority to sign the same, for the purposo3 stated therein. n NOTARY PUBLIC FOR ALASKA My Commission Expires: Mr�aqFW70. ACKNOWLEDGMENT FOR HUSBAND AND WIFE 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 and , husband and wife. both known to be the persons whose names are subscribed to the foregoing Lease, end acknowledged to me that they executed the same as their free and voluntary act and deed. and for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE. this day Of , ie NOTARY PUBLIC FOR ALASKA My Commission Expires: . Page Nine. LEASE Revision 4/29/76 i k- j--- w i^- --s- �Iwwwrhwj 1 ' CORPORATION ACKNOWI.P11GFNIENT r � STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) Before me, the undoraigned. a Notary Public in and for the State of Alaska. on this day personally appeared liouaten D. Havnes and E; Dorothy Hayneo , knotvn to me to be the persona and officers whose names are subscribed to the foregoing Lease, who being duty sworn. ti did any that they are the President and Seeertarr . r08peetiv0ly, of Alfie Aereneutical Industries. IS ompany, a corporation. and acknowledged to me that they executed said Lease as their free act and deed in their said capacities, and the free act and deed of said corporation, I for the purposes stated therein. r OMEN UNDER MY HAND AND SEAL OF OFFICE, this lath day of november . 19 76 . { NOTARY PUBLIC FOR ALASKA j 1 My Commission Expires: * C"Mi'l°" -to, tv7a. APPROVED AS TO FORM by City Attorney, this day � Of . 19� , j CITY ATTORNEY ' 1 1 INITIAL LEASE APPROVED by City Council this day 1 1 Of . 19_ 1f CITY CLERK j ASSIGNMENT APPROVED by Kenai Planning Commission. FF this _day of . 19_ ASSIGNMENT APPROVED by City Council, this day i of . 19._ i y r CITY CLERK R I I Page Ton, LEASE Revision 4/29/78 ' I r k r S L i M I i _ ` 4 - I _ I LL ^ •!s9f1Lp'+_. _._ .. _iiOiC�►LMlill� II III ,I,�•�„-� SCHEDULE "A” Additional Charges The lease charge shall be determined annually and shalt be computed by dividing thesquare footage leased 6 the Lessee, by the total number of square feet of leasable floor space, excluding hallways, restrooms and public Waiting areas in the Terminal Building. For the purposes of this tease, the fraction so derived shall be referred to as Lessee's Ratio, and shall be computed as follows: 1A004 square feet leased by the Lessee oivioca by Square feet of leasable floor s space, equal�1A Lessee's Ratio. The lease rate for the fiscal year July 1, 13Z __ to June 30, is deterrined to he S per squailre toot per— -M This rate includes" an oriat serve and an estimate for util4.ty charges. Utilities inelude charges for water, sewer, gas, electricity and garbage. In the event that the actual utility charges excegd the amount estimated in th^ Annual Budget of the Kenai Aunicipas Airport Terminal for this fiscal year, each tenant will be billed for his proportionate sharq of the excess +utility charge, based on the Lessee's Ratio as computed above. INITIALS XLESSEE LESSOR , i QRAC-31uR I-j1RL4-1%4 �Lsj--JORCH r H1;Itwm H. 11r.IN, Sit, P.—mar DI{AV'EM 3920 IM -NAI, ALASKA 99611 PHONE: 907.283.4370 City of Xenai Box 580 Kenai, Alaska 99611 Dear City Manager: September 18, 1973 fU • 1fr. Georne(Red) Jaynes, Informed Too when I came in to protest the assseesrmont made on our property, that I was to write this letter of request. First, We only prot2t;st the as:sessonont because the sewer has not as yet reached our property, neither in the front, or on the aide. It ended a little over five feet short or both ou:cs, and McCullumIa line on the ea"Iment on I;cCulluz Drive. Our pr. otort wan on tho basis that ire cannot hook on to it legally, or conventionally. Mr. Jaynes infonled arae that when we sere ready to hook up to the sewer, the city of I:enai, would without charge, except for the tap, extend the sewer so we could hook up to it in a conventional, straight out manner, from our building. r He requested that I write a letter, asking for v written agreement to this effect, I would liku such a letter stating that thin woo d we cloliat and the ctqupe in it tr.:t tl e ry would be no extra eha,rpe or asses-sm-ant for this service. I trust thio can be done. There is no legal reason why we should pay the assessment unless we have such an agreement. We are very much interested in having the sewer assessable to us. i We intend to build in the near future, and need the sewer. Wo are not ` protesting the ohnrpe of 51874.19 if that is a standard charge, however, It does seo>a rather high when you consider the low value of our property. We noticed that the s#ement sent to us said "Preliminary." I take this to mean that the amount is not -yet due, only that this is what wo will be billed later, We will wait for a ragalar statement, and will �? desire to know the latest possible due date so vie can raise the mousy, Since no interest rate has yet been set, vie didn't think the bill was i, due yet, What will that rate be? Vie may'want to finance it: I remain =s. Y_ urs sincorel , s, Norman H Hein, Jr., Pair. .ii b c � ' t I • k J V- 4 .A n f • QRAC-31uR I-j1RL4-1%4 �Lsj--JORCH r H1;Itwm H. 11r.IN, Sit, P.—mar DI{AV'EM 3920 IM -NAI, ALASKA 99611 PHONE: 907.283.4370 City of Xenai Box 580 Kenai, Alaska 99611 Dear City Manager: September 18, 1973 fU • 1fr. Georne(Red) Jaynes, Informed Too when I came in to protest the assseesrmont made on our property, that I was to write this letter of request. First, We only prot2t;st the as:sessonont because the sewer has not as yet reached our property, neither in the front, or on the aide. It ended a little over five feet short or both ou:cs, and McCullumIa line on the ea"Iment on I;cCulluz Drive. Our pr. otort wan on tho basis that ire cannot hook on to it legally, or conventionally. Mr. Jaynes infonled arae that when we sere ready to hook up to the sewer, the city of I:enai, would without charge, except for the tap, extend the sewer so we could hook up to it in a conventional, straight out manner, from our building. r He requested that I write a letter, asking for v written agreement to this effect, I would liku such a letter stating that thin woo d we cloliat and the ctqupe in it tr.:t tl e ry would be no extra eha,rpe or asses-sm-ant for this service. I trust thio can be done. There is no legal reason why we should pay the assessment unless we have such an agreement. We are very much interested in having the sewer assessable to us. i We intend to build in the near future, and need the sewer. Wo are not ` protesting the ohnrpe of 51874.19 if that is a standard charge, however, It does seo>a rather high when you consider the low value of our property. We noticed that the s#ement sent to us said "Preliminary." I take this to mean that the amount is not -yet due, only that this is what wo will be billed later, We will wait for a ragalar statement, and will �? desire to know the latest possible due date so vie can raise the mousy, Since no interest rate has yet been set, vie didn't think the bill was i, due yet, What will that rate be? Vie may'want to finance it: I remain =s. Y_ urs sincorel , s, Norman H Hein, Jr., Pair. .ii b c � ' t I • k J V- 4 .A n F1 September 21, 1973 Pastor Herman H. Hein, Jr. Grace Brethren Church Drawer 3920 Kenai, Alaska 99611 Dear Pastor Hein: In reference to your letter of September 18, 1973, please be advised that the City of Kenai will fulfill its obligation to extend its sewer line to the property line, thus, you will in- cur only the usual charges for connecting to the City sewer system. The City will extend this line at the time you are ready to make the hook-up. {9e ask that you give us a two week notice so that we may have materials on hand and can schedule a crew for this job. In regards to assessments, please be advised that the City Council will be holding a final hearing on October 17, 1973. If you wish to protest the assessment, you may do so at that time or earlier by letter. The amount of the assessment will - not be determined until after that hearing. - By now, you should be in receipt of an assessment statement which indicates that an assessment is proposed and the principal .amount shown on this statement can be financed over a 10 year = period. The financing interest rate, along with the time and schedule of payments, will be fixed at the public hearing. I hope that we have clarified the matter of the City extending the sewer line and have answered your questions concerning the assessments. Should you want more information, please do not hesitate to con- tact the City Manager's office. erely, ,.,A, s A. Elson Roment Assistant JAB/db 1101 ill IN Iowl&" i .I s..— -_ "`—� =� � iwc �""�'n.Z _`�."fSciirl�iii■ � —:.. CITY OF KENAI %Od 62aia" 4 4", f' 10. 0. SOX 880 KENAI, ALASKA 99611 MEVNONE 483 . 7633 November 23, 1976 Mr. Robert F. Bursiel Acting Chief, Water Resources Section State of Alaska Department of Natural Resources 323 East Fourth Avenue 1� Anchorage, Alaska U. Re: Water Rights Application ADL Nos. 78075, 78077 Dear Mr. Bursiel: The City Council of the City of Kenai would like to make comment on the proposed water use permits requested by the Collier Carbon and Chemical S►.InIany, North Kenai facilities. The Collier CarI nd Chemical kit4is a prime employer and manufacturer of the greater Kenai'area. its operations have been consistently managed in such a manner as to have a positive affect on the greater Kenai area. The City Council is very concerned as to the continued economic viability of the firm. We, however, have no data to support or refute the feasibility of the proposed water rights application. Very truly yours, John E. Wise City Manager (' JW/eh L I go T _ r — -1 _ •,Jalcr-ter ca 8Jw_ f CITY OF KENAI r ADMINISTRATIVE REPORT #6 (November 26, 1976) 1. Administration s Finance ii I. Assessment Resolutions There will be several resolutions on confirmation of water and sewer assessments. These will be paired by appropriately geographical districts. Hopefully, as the people present their positions they will then feel that they have accomplished their end and leave the session. I'm afraid that we may have quite a crowd otherwise. We do know of some problems and some additional corrections that will have to be made. To date, very few in writing problems have been forwarded to the City. However, we do know of several walk-ins who have described problems which will to have action taken on them. I hope that we will have this data worked out before the meeting on Wednesday. 2.' Resolution to delete the unassessed districts from consideration at this time. In reviewing the maps of these unconfirmed districts, we find that they are apparently piece -meal in groupings of different parcels. There is a legal problem with this in relation to continuity, legitimacy of the cost of the assessment and so forth. I have dis- cussed this with the attorney and at this time we would like to delete this from consider- ation and perhaps discuss it at one of the Council work sessions as to what legal action we properly can take regarding these areas. S. Letter Wince-Corthell This is a billing from Wince-Corthell relating to engineering services for the Municipal Park Project -1974. This letter to included in your packet. We have no data indicating j that a purchase order or Council authorization was ever made or issued for this particular project. We believe that this was a contribution by Wince-Corthell to the City, however, i now we have the billing and simply we have no budgeted funds to pay this billing. There- fore, we must refer to Council for their decision as to the legitimacy of the bill and also to provide the funding in the event they feel this bill is legitimate. i, 4. Ordinance - Well and Water Line Project This ordinance to a remedial ordinance to correct a situation that we didn't realize until we started putting all the pieces together on the Well and Water Line Project. We do not have a proper funding ordinance at this time. This ordinance will provide for the receipt of funds from the state and federal governments, appropriate from bond monies the City's share and provide for a proper expenditure to complete the project. Actually, this should have been done before we commenced anywhere on this project. 0 5. Resolution - Vater Well and linter Line Project This is to properly acknowledge the increase in the federal share for the project. This will raise their agreed upon contribution from roughly 40 some percent to the propee 500 level. Incidentally, this is the money that Senator Stevens was referring to as being under review. 8. I would like to report here that we have a letter from the State on the Water Well ' Project which increases the State's contribution. However, this contribution is $100 short of the magic 25%, 1 have written the State asking them to increase their contri- bution by $100 to make it a clean, correct 25% equivalent share. I feel that can be done t with the minimum amount of difficulty inasmuch as the federal government in making their contribution rounded out their figures to the next highest thousand dollars -- so : the Federal government gave us an extra $200 above our request and, therefore, we need to Ask the State to give us an extra $100. Naturally, these are only maximum funds that are allocated, not the funds that will be spent necessarily. 7. Ordinance - Forest Drive i Again this is a remedial ordinance. This ordinance should have been adopted prior to the actual work on Forest Drive. But we do need an ordinance to establish the contributions and appropriations and the proper expenditure of funds. 8. AAI Lease AAI has requested additional terminal space which is essentially the old Wien apace, counter and back room. They are not going to give up their existing space so this will simply be an additional space rented by AAI. The new space will be essentially passenger and reservation space. The old or existing space will be turned into a cargo -freight handling area. 9. Resolution - Transferrinf Funds - Airport M&O Fund 1 believe that you will find this resolution self-explanatory. f 10. Final Billinfe from Architect - Library Project, This is the final billing from the architect on the Kenai Community Library Project to be presented to Council for final approval. s 11. We have prepared specifications for the three bids authorized at the last public meeting - °` that is the renovation of Fort Kenay, the staffing of the Senior Citizen Nutritional j: Program and finally the maintenance of the street lights. Hopefully, we will have these bids received and before Council on the 15th of December and at that time we will ask for approval assuming they are in good order and will hope to start the maintenance on the street lights early thereafter and affect the Sr. Citizen Nutritional Program early In January. jet f f 3- 12. Ordinance - Anti Recessionary Funding. 1 {. We have by Council action requested Anti Recessionary Funding under Title 11 of the Public Works Employment Act. The first check has been received in the amount of little over $13,000. We are required by the law and regulations to expend this money or obligate this money by six months of receipt. At this time 1 would like to put this money into the Police Department as a special line to simply fund the existing salaries. On future receipts we will propose use of that money to cover various other current employee positions. We are not contemplating asking for any additional personnel to be funded by these monies. Our intent at this moment is to make up deficiencies in funding of currently employed personnel as they occur and also to provide for the saving of appropriately budgeted funds allowing them to lapse into surplus at the end of the year. 13. Library Lands A letter has been sent to the Historical Society with a copy to the Fine Arts Council relative to the Administration proposal for the disposition of the Block M, Lots 3, 4, and $ which comprise the Library lands and Fine Arts Center building. I have not yet received a response from either group - the Historical Society or the Fine Arts. Because of the lease of the library building to the Salvation Army for the Chribtmas period, I doubt that we will receive a response from the Historical Society until the first of January. F 14. Montessori School A letter has been prepared and is in the mail to the Fine Arts Council reference their lease of space to the Montessori School pointing out by definition that schools must obtain a Conditional Use Permit and seeondedly the lease must be considered improper e without the specific approval of the City Council. We ask, therefore, that further 4 operation of the school must be terminated. 4 13. The sewer work questioned at the last Council meeting is a capital approved item and was specifically eliminated from the budget as an appropriated Item. 4 16. Library Audit With the wind -down of the library construction project, it is necessary that we prepare an audit of that project to recoup grant monies from the State. We propose to utilize Peat, Marwick & Mitchell to complete this audit which should be limited to perhaps 8-10 hours inasmuch as much of the preliminary work is done in accordance with regular annual audit of City activities. If there is no objection from Council, we will proceed to move on this particular item. 17. L"iislative Session with area Delegation This is tentatively set for the 15th of December following a Chamber of Commerce luncheon. You will be notified if we have concurrence of all individual members of the . delegation and of the specific time and place set for the meeting. You are encouraged to develop the questions you have for this delegation and provide them to administration as soon as possible. I r r 1 �I r �{ 7 ` I -4- 18. Financial Report r - j The Financial Report has been revised in accordance with Councilman Wt i to show the original adopted budget and revised budget. Ross will be av explain the differences in the two columns. 19. There is a proposed letter to the State reference Collier Carbon's request rights. Please annotate any comments you have on the letter so that we c approved by the Council at this next meeting. 20. ADAPJCEIP We have received a revised planning grant proposal for the Airport Study. Since I am going to Anchorage on Tuesday, the 34th and will remain overnight, for a discussion on Coastal Energy Impact Regulations on the 1st, I will see Jim Perham of the FAA Tuesday morning and review with him any FAA objections to the revised proposal. Following this we will have an Airport Advisory Commission meeting and perhaps have the consultant come up to explain any particular problems we may have before we finalize the proposal. In regard to the Coastal Energy Impact Program which has been set for Tuesday afternoon and all day Wednesday, this is to review the final regulations proposed by the Department of Commerce. We have submitted our comments to the State as well as presenting some of the same comments to thr- young lady representing the Department of Commerce at an earlier meeting the 12th and 13th of November. Hopefully, we will obtain most of the desired changes in regulations to make it viable not only from the State but .particularly for the City. I will report on this, hopefully, Wednesday night at the Council meeting. 21. My personal plans relative to moving my family to Alaska depend greatly on the closing of the sale of my house in New Jersey. As of this moment, there is a question as to 4 whether or not the sale will be closed on the 30th inasmuch as legal procedures may i delay that particular closing. If it closes as originally planned, my family will be in Seattle taking the ferry on the 10th. I would plan, therefore, to meet them in Juneau and drive up from Baines with them probably being gone the 13th, 14th and 15th of December missing that particular Council meeting. in the event, there is a delay on closing then i will probably be required to drop back exactly one week -- I'll let you know as soon as I know something definite. f Public Works 1. 'Tinker Lane !E Enclosed are two letters we have on Tinker Lane. We are researching additional Information in the minutes of October, 1975 as there was an indication of discussion by the j Council, however, we have not found any back-up material. We will continue to ,search and actually ask the church for any information they may have received from the City. 2. Murals - Terminal Building 4 t We are arranging an appointment with the Art Instructor at the Ifigh School to review the capabilities of the High School class and of the problems involved in actually doing mural work here. This would also include the type of mural that may be feasible for the t k V '1 sl, ii i t L 3 -5- Terminal both on the street side as well as on the aeronautical side of the terminal. �4 3. Animal Shelter This project remains stymied somewhat in that we have been delayed trying to obtain a 100 gallon hot water heater. Now that this item has been obtained, we are hopeful that the plumber will be able to install this and the sink either today or the first of next week. Cages have been ordered but they have not yet arrived. We have been assured, however, that they have been shipped and are in route. 4. EDA Water Well Project As you are aware, the tying in of the now line to the existing 12" at Well #1 has not taken place. We discovered in reviewing all pieces and parts of the installation that we had a broken 12" gate valve. A replacement has been ordered and as soon as we are assured that we can complete the project safely, we will reschedule it. The driller who has been working on the new well has approximately 108' of 60" casing. Soon we will be again drilling with a 12" casing to approximately 250-3001, depending on water production and capability of the aquifer. The 60,000 gallon water storage tank has been re -erected at its now location and the contractor is in the process of reconstructing the well house which we will move from its down -town location. 5. Sewer Treatment Plant The 60 kilowatt generator has been run and tested and appears to be in very good condition. Depending upon the weather, we plan to install this generator in the Sewer Plant this coming week. This installation will allow Kenai Electric to finish their portion of the contract. I would like to note here that this is a capital project coming from bond monies. It is not and was not funded as a maintenance cost in the 1976-77 budget. r ` S. Activities of the road crew for the last ten days had primary been spent on working on park equipment, swings and sea -saws, for installation at our Deaver Creek Park and at Birch Park. The installation of this play equipment will complete the majority of our BOR requirement. All that will be Locking is some minor landscaping along with s grass seeding in these two areas. The State has been written requesting extension of time so that we may complete these grants in the early part of the coming summer. The road crew has also spent considerable amount of time constructing barricades for next summer's construction projects and are also in the process of sanding and scraping - f, City equipment in preparation for painting. i ADDENDUM Assessments: There to apparently a feeling from several of the property owners in the several assessment districts that the reassessment to still unfair. i t 0 _ �— __• ..rte.-�i:.:. n:,�:w� ,s� .._.-__... _, i -6- In a very real sense, it is. Our computations relate to assessed value - as the Charter reads, "fair market value" we have not limited the assessed value to land off. Where a building or other equipment exist, it is included in the assessed value. Example: Lots of equal size and shape ' Lot 1 Lot 2 Land $6,000 $6,000 Bldgs. - 0 - 25,000 Pro -rata Assets • 6-3/4 per sq. ft. - 3,000 31000 j 9.000 34,000 25% 2,250 8,500 i i Lot #1 saves $750 - Lots 02 has no savings r t I I CITY OF KENAI RESOLUTION NO. 76-64 A RESOLUTION OF THE COUNCIL OF THF CITY OF KENAI DIRECTING THAT CERTAIN WATER AND SE{9ER IMPROVEMENT DISTRICTS OF THE CITY OF V..ENAI RE REASSESSED. I WHEREAS, suit by the Kenai Property Owner's Association was instituted by certain owners of benefitted property in certain water and sewer improvement districts (Kenai Property Owner's Association v. City of Kenai - Civil Action No. 74-1265 in the Superior Court) , and WHEREAS, by Order dated August 23, 1976, Judge Eben Lewis directed that properties owned by certain named individuals be reassessed to bring them into compliance with the 25% limitation contained in the Kenai City Charter, and WHEREAS, the limitation in the Charter Section 7-3, reads as follows: "No special assessment shall be levied by the City government against any property in excess of 25°6 of the fair cash market value of the property after giving effect to the benefit accruing thereto from the work or action for which assessed". �- WHEREAS, by ordinance the City must reassess parcels within one year when so ordered by a Court of competent jurisdiction, and WHEREAS, such order and suit have brought to the attention of the Council the fact that the assessments of other persons in improvement districts formed in 1973-1974 who did not object or who did not join in the suit may also be in excess of the 25% limitation, and WHEREAS, the Council finds that it is in the interest of equity and fairness that all such Improvement districts be reassessed for the purpose of complying with Section 7-3 of the Charter, and WHEREAS, such improvement districts which should be reassessed are as follows: Weter Improvement District No. -._ Water Improvement District No. 73-W1 Water Improvement District No. 73-W2 C Water Improvement District No. 73-W5 Sewer Improvement District No. 73-S1 Sewer Improvement District No. 73-S3 Sewer Improvement District No. 73-S2 1 RESOLUTION NO. 76-64 - Page Two, WHEREAS, there are three other districts which were formed, but never confirmed by the Council, such dintriets being as follows: Water Improvement District No. 73-W4 (� Sewer Improvement District No. 73-84 1 Water Improvement District No. 73 -WS WHEREAS, the Council may wish to confirm these districts if reassessed. i NOW, THEREFORE, BE IT RESOLVED BY TIIE COUNCIL, OF THE CITY OF KENAI as follows: Section 1: That all parcels of benefitted property in the following districts be reassessed in accordance with this resolution for the express purpose of bringing them into compliance with the limitation of 25% of the fair cash market value of the property after giving effect to the benefit to the improvement which is contained in Section 7-3 of the Charter of the City of Kenai: Water Improvement District No. 73-W4 Sewer Improvement District No. 73"-S4 Water Improvement District No. 73-W3 Water Improvement District No. 8 Water Improvement District No. 73-W1 Water Improvement District No. 73-W2 Water Improvement District No. 73-W5 Sewer improvement District No. 73-S1 Sewer Improvement District No. 73-83 Bower Improvement District No. 73-S2 Section 2: That the administration proceed with preparation of a final reassessment roll for each of the above named districts and that the present owners of all parcels of benefitted proporty as reflected in the tax assessments rolls of the Kenai Peninsula Horough be given notto o of the City's intent to reassess and of the date of the public hearing to be hold for confirmation of the final reassessment roil. section 3: That a public hearing for the confirmation of the reassessment roll of each of the A-bMtonaamed_dI tricts shall be held December 1, 1976, at 8: 00 P.M. in the Kenai Public Safety Building. i