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HomeMy WebLinkAbout1975-03-19 Council PacketKenai City Council Meeting Packet March 19, 1975 t 1 i 'i COUNCIL MEETING Or" MARCH 19. 1975 AMBARIAN t _HUMP CT�FR -i { • it t - .. ,��� - ... - -_ +div..__c.._.=..-- ........:::..:_�..:�ia-�.✓..-. ��' - _v�'.�"+�{.� . r i i t S f t, �I 9 f 1 } C I v F� REGULAR HEETING, KENAI CITY COUNCIL MARCH 19, 1975, 8:00 P.M. PUBLIC SAFETY BUILSIND L PLEDGE OF ALLEGIANCE A: ROLL CALL 1 AGENDA APPROVAL 1 B: PUBLIC HEARINGS B - 1: Liquor License Renewal - Peninsula Oilers 1 B - 2: Transfer of Beverage Dispensary License for Pre -Flight Lounge; Kenai Terminal Enterprises, Inc.; president Jack Peck, Vice - President Althea F. Peck, and Secretary Marjorie J. Daniels; to Kenai Terminal Enterprises; President Brian L. Peck and Secretary Nancy J. Peck. 2 B - 3: Transfer of Beverage Dispensary License for Larry's Club; Larry H. 6 Florence Lancashire 4 G. C. Jarvis to G. C. Jarvis and Jo Jarvis. 2 B - 4: Ordinance 2S7-75 Sale of Surplus Property 2 B S: Ordinance 2S8-75 - Disposal of City owned lands -See P-3 S C: PERSONS PRESENT SCHEDULED TO BE HEARD: 1. Mike Plunkett 2-3 2. 3. D: MINUTES 1. Minutes of Regular Meeting, Mardi 5, 1975 33 2. Minutes of Special Meeting, Marc 6, 1975 3 E: CORRESPONDENCE 1., 2. F: OLD BUSINESS 1. Ordinance 2S6 -7S - Harbor and Harbor Facilities 4 2. Request for payment - R.D. Paterson-Kaknu Project 4 3. Ordinance 2SO-95 -'Disposal of City oimea lands S 4. S. 6. r 7. 8. G: NEW BUSINESS 1. Bilis to be paid - bills to be ratified 6 2. Settlement-C.U.L. vs City of Kenai vs Chicago Pneumatic 6 3. Council authorization for City Attorney to begin condemnation of SE4 of the N114 of the NE4 of Sec. 1 withsurvey and legal costs to be charged to Local Service Roads 6 4. Conservation Zone 6 S. 6. 7. 8. 9. 10. 11. 12. Ht REPORTS 1. City Manager's Report 6-7 a. Report on Library ' b. C. d. e. 2. City Attorneys Report 7 3. Mayor's Report NONE 4. City Clerk's Report NONE S. Finance Director's Report 7 6. Planning B. Zoning's Report NONE 7. Borough Assemblymen's Report 7 It PERSONS PRESENT NOT SCHEDULED TO BE HEARD ' 1. H.J. Steiner 7 2. Richard Morgan 8 3. Oscar Thomas 8 4._ Richard Morgan 8 L 1 MINUTES REGULAR MEETING KENAI CITY COUNCIL MARCH 19, 1975 8:00 P.M. r PUBLIC SAFETY BUILDING The Council gave the Pledge of Allegiance. ROLL CALL: Membersppresent - Edward Ambarian, James Doyle, A. L. Hudson, Richard Morgan, H. J. Steiner, Oscar Thomas, and Mayor James Elson. Members absent - None. AGENDA APPROVAL j The following amendments were made to the Agenda without objection: Move Agenda Item B -S - Ordinance 258-75 to F-3. �4 Add C - 1 - Mike Plunkett ! Add D - 2 - Minutes of the Special Meeting of March 6, 1975. f Add G - 3 - Council authorization for City Attorney to begin condemnation of SEk of the NW% of the NEk of Section 1, with survey and legal costs to be charged to Local Service Roads Add G - 4 - Conservation Zone B: PUBLIC HEARINGS B - 1: Liquor License Renewal -'Peninsula Oilers Mayor Elson recessed the meeting and opened it to the public. There was no public participation and the public hearing was closed and brought back to Council table. Mayor Elson stated he had a phone call from Rev. Bob Harris of the Calvary Baptist Church expressing his opposition of the selling of beer in a Municipal Park. Councilman Morgan stated the Oilers met with Stan Thompson today and because of a misunderstanding last year, the back sales tax has been waived but they will be collecting and paying sales tpx - this year. Steiner moved and Ambarian seconded to approve the liquor license renewal - Peninsula Oilers. The motion carried by roll call vote with Doyle dissenting. Mr. Baldwin stated there is a provision in the code of ordinances that no intoxicating liquor shall be consumed on the public streets, in a public park or in any other public place or any store or establishment doing business with the public and not licensed to sell intoxicating liquor. Mr. Baldwin further stated this can be waived by unanimous consent of Council. The City Attorney was asked how should Council handle this, and Mr. Baldwin stated to make it a specific agenda item at a future meeting. s • S 1 t. (. 'tt u MINUTES, KENAI CITY COUNCIL MEETING, MARCH 19, 1975 Page two B - 2: Transfer of Beverage Dispensary License -for Pre -Flight Loung Kenai Terminal Enterprises, Inc.; President i acx Vecx,_Vice- President Althea F. Peck and Secretary Marjorie J. Daniels; kenai Terminal Enterprises; President Brian L. Peck and Secr Nancy J. Peck Mayor Elson recessed the meeting and opened it to the public There was no public participation and the public hearing was closed and brought back to the Council table. i Steiner moved and Doyle seconded to approve the transfer of beverage dispensary license for Pre -Flight Lounge; Kenai Terminal Enterprises, Inc.; President Jack Peck, Vice-Presid _j Althea F. Peck and Secretary Marjorie J. Daniels to Kenai Te Enterprises; President Brian L. Peck and Secretary Nancy J. There was no objection and was so ordered. B - 3: Transfer of Beverage Dispensary License for Larry's Club; La H. ti Florence Lancashire and G. C. Jarvis to G.C. Jarvis & J Jarvis Mayor Elson recessed the meeting and opened it to the public There was no public participation and the public hearing was closed and brought back to Council table. Ambarian moved and Steiner seconded to approve the transfer beverage dispensary license for Larry's Club; Larry -H. $ Flo Lancashire and G.C. Jarvis to G.C. Jarvis and Jo Jarvis. Th was no objection and was so ordered. B - 4: Ordinance 257-75 - Sale of Surplus Property Mr. Baldwin stated this ordinance will enable Administration with notice to and approval of Council, to sell property not exceed $1,000, or to get more then we gave for property and over $1,000 an appraisal will be made. M Mayor Elson recessed the meeting and opened it to the public on Ordinance 257-75 - Sale of Surplus Property. There being Cparticipation, the public hearing was closed and brou back to Council table. After some discussion, Doyle moved and Steiner seconded to a Ordinance 2S7 -7S - Sale of Surplus Property. The motion car unanimously by roll call vote. Voting yes; Ambarian, Doyle_ Hudson, Morgan, Steiner, Thomas and Mayor Elson. PERSONS PRESENT SCHEDULED TO BE HEARD: Mike Plunkett Mr. Lynn introduced Mike Plunkett who has been working on drawings for the library. He met with the Library Board this afternoon. C• C-1: M Mayor Elson recessed the meeting and opened it to the public on Ordinance 257-75 - Sale of Surplus Property. There being Cparticipation, the public hearing was closed and brou back to Council table. After some discussion, Doyle moved and Steiner seconded to a Ordinance 2S7 -7S - Sale of Surplus Property. The motion car unanimously by roll call vote. Voting yes; Ambarian, Doyle_ Hudson, Morgan, Steiner, Thomas and Mayor Elson. PERSONS PRESENT SCHEDULED TO BE HEARD: Mike Plunkett Mr. Lynn introduced Mike Plunkett who has been working on drawings for the library. He met with the Library Board this afternoon. A/ t } ".'._4... `..... +. Ij. .�_T ♦. I I �• ..�._.. _ .. ,... ... _ a ..�'_......__,_i�ai.i ._. u.. ... sacau-aa--� ., MINUTES, KENAI CITY COUNCIL MEL -TING, MARCH 19, 1975 C - 1 - Mike Plunkett - continued Page three Mr. Plunkett stated he brought the basic schematic design and cost estimate. He displayed a plat with the building and site location in relationship with the Public Safety Building and new Court House. He will leave as many trees as possible and showed the site plan. The parking area will be close to the Court House parking area. The plan allows for future expansion in several areas. He displayed the floor plan which was taken from the plan of the Library Board and Staff with a few slight changes. He discussed these changes with the board late this afternoon. The cost total at this time is $360,000. If we cut back to $350,000 we can cut back the length of the overhang and put in lower grade carpet. Mr. Plunkett recommends we put the paving of the parking lot on an alternate bid. He feels the estimate is pretty accurate. Councilman Doyle asked if this includes a sprinkler system. Mr. Plunkett stated no it includes a smoke detector system. Mr. Plunkett will check the insurance ratings on the two systems and the differences in cost. Mayor Elson asked for comments from the Library Baord. Nedra Evenson stated the Library Board is very pleased. There are some minor revisions. Councilman Morgan asked what is the schedule to go to bid. Mr. Plunkett -stated it is in the contract to go to bid within 45 days after the approval of the schematics. Mayor Elson asked Howard Hackney, the Building Inspector, if he could see any problems with the schematics. Mr. Hackney stated they look fine. Councilman Doyle asked if the plans have to go to T.S.U. Mr. Plunkett stated the plans go to the State Fire Marshall and E.P.A. Doyle moved and Ambarian seconded to approve the schematic plans of the library as presented this evening. The motion carried unanimously by roll call vote. Mr. Plunkett stated he would have a more detailed review in 2 to 3 weeks and the plans will come back to Council maybe two more times. D: MINUTES 1. The Minutes of the Regular Meeting of March 5, 1975 were approved as corrected. Under H - 3 the first sentence shall read: "Mayor Elson submitted a written report and orally covered the following items on his trip to Juneau.' 2. The Minutes of the Special Meeting of March 6, 1975, were approved as distributed. y� --- _..•--_.�---111_1 - - ��._ _- ---------•- MINUTES, KENAI CITY COUNCIL MEETING, MARCH 19, 1975 Page four E: CORRESPONDENCE = None. F: OLD BUSINESS F - 1: Ordinance 256-75 - Harbor and Harbor Facilities Mayor Elson stated he has a memo in the packet conerning his opinion on the ordinance. He doesn't thinly the ordinance fits our situation. He feels Council should do more research before taking up this ordinance. His reasons are as follows: 1. It allowed the Commission to borrow or spend money within certain limits without the City Council approval. 2. It allows the Commission to implement Capital Improvements. The City Charter requires all Capital Improvements originate in the Planning Commission. 3. The Regulations for Operation of the Harbor did not meet our local conditions. Mayor Elson stated he would like to appoint a Harbor Committee to develop an ordinance and work in conjunction with the Planning Commission and is asking Council for nominations. Councilman Thomas suggests Chester Cone. Mayor Elson stated Earl Towner is very concerned. Councilman Doyle feels we are pre -mature. Mayor Elson stated this is why he wants public input. F - 2: Request for payment - R. D. Peterson - Kaknu Proiect Mayor Elson stated this was tabled for further information. Mr. Lynn stated we are witholding $8,000 for liquidated damages and does not include the 250 yards of gravel. The engineers recommend the 250 yards of gravel be shared by the City and contractor. Without the compromise we would have withheld $8,250. The City ordered the gravel put on as residents couldn't get to their homes without trespassing on private property. The Engineers have certified the project is working. We will notify I.S.O. and the residents can enjoy a Class S fire rating. Mr. Lynn recommends we pay R.D. Peterson $6,703.44 and retain $8,000 for liquidated damages. Steiner moved and Hudson seconded to pay $6,703.44 to R.D. Peterson for the Kaknu Project. The motion carried unanimously by roll call vote. i4 i_ Illi 1111 II MINUTES, KENAI CITY COUNCIL MEETING, MARCH 19, 1975 Page five F - 3: Ordinance 2S8 -•7S - Disposal of City Owned Lands i Morgan moved and Hudson seconded to take Ordinance 258-75 off the table. There was no objection and was so ordered. Steiner moved and Doyle seconded to introduce Ordinance 258-7S - Disposal of City Owned Lands. Councilman Morgan stated that on the last page in Section 3 - it states applications shall be consistent with the Comprehensive Plan of the City. He further stated we don't have a comprehensive plan now and have no preparation for the future needs of the City. We need to develop a comprehensive plan to provide for the future -! of the City. Mayor Elson stated there is a hangup on financing. i E.P.A. has grants for planning and the Borough has planning powers. We would need to go through the Borough. Mr. Lynn stated he spoke with Sam Best and he discussed having summer interns from the universities to work on a comprehensive plan. Councilman Hudson stated the changes are not too great since the 1964 A.S.H.A. Comprenhensive Plan. Mr. Baldwin felt the Council should go over the ordinance para- graph by paragraph. The following changes were made to the ordinance. In Section 6 add "City of Kenai Planning Commission". Section 7 add "This provision shall not apply where deed restrict-. ions require the property to be leased at the fair market value". Section 13 - In the first sentence add "ordinances of the City and Borough". Strike "including the zoning ordinance". The last sentence to read: "Failure to make substantial completion of the development plan of the land, consistent with the, proposed use, within one (1) year of execution of lease shall . . . " Section 14 add the clause: "No waiver for leases executed after the effective date of this provision, the failure of the City to insist upon renegotiation at the end of any given five-year period shall not constitute a waiver of the right of the City to insist upon renegotiation in any subsequent year, provided that neither the City nor the lessee shall have the right to insist upon renegotiation until five years shall have elapsed from the date the rental was last adjusted." Section 15 add "Raw land may not be subleased." Section 16 add "Any such modification shall require Council approval: Section 33 - delete this section. Section 39 - add a Liability Insurance Clause. The motion for introduction carried unanimously by roll call vote. There was no objection to scheduling the public hearing on this ordinance for April 2, 1975. I MINUTES, KENAI CITY COUNCIL MEETING, MARCII 19, 1975 Page six G: NEW BUSINESS a •• G - 1: Bills to be paid - bills to be ratified Steiner moved and Ambarian seconded to approve the bills to be paid and ratify payment of bills as listed on the memo of March 19, 1975. The motion carried unanimously by roll call vote with Doyle abstaining on the Coyle's Fuel bill. G - 2: Settlement - C.U.L. vs City of Kenai vs Chicago Pneumatic Mr. Baldwin stated this instrument only needs to be signed. There is no liability for the City. He needs Council's authorization - to sign. Stiner moved and Thomas seconded to authorize the City Attorney to sign the Stipulation for Settlement in the matter of C.U.L. vs City of Kenai vs Chicago Pneumatic. There was no objection and was so ordered. G - 3: Council authorization for City Attorney to begin condemnation of SEAS of the NWS of the NEU of Section 1, with survey and legal costs to be charged to Local Service Roads. - Mr. Lynn stated this is to get access to the City's gravel pit. Doyle moved and Ambarian seconded to direct the City Attorney to proceed with this condemnation. There were no objections and was so ordered. G - 4: Conservation Zone H: H - 1: JL Mr. Lynn stated the Planning Commission last night passed a motion to request Council to present a Resolution to the Borough that all of Sec. 16, TSN, R11tiV, SM and the Sh of the NA of Sec. 1S, TSN, R11W, SM and Nh of the SA of Sec. 1S, TSN, R11W, S.M. be declared a Conservation Zone. Mr. Lynn stated Section 16 is inside the City limits and Section 15 is in the Borough. After some discussion, Hudson moved and Doyle seconded to table any action until the next meeting and have maps showing the area involved. There was no objection and was so ordered. REPORTS City Manager's Report Mr. Lynn stated we had been counting on Community Development Act funding and had word today from H.U.D. that we have not been selected as we are not poor enough. He will pursue this further. He further reported we received notification today that tomorrow Kenai will be designated an official Becentennial City. ho 4 F_ �( MINUTES, KENAI CITY COUNCIL MEETING, MARCH 19, 1975 ■ H - 1 - City Manager's Report - continued H - 2: H - 3: ' H - 4: H - 5: H - 6: '+J.....� l an W"1AMN4Aw 1.1. Page seven Mr. Lynn stated Administration will be meeting with the depart- ment heads on the budget and will be shooting for budget work sessions after April 1st. There was a brief discussion on starting an impact application taking some of the data Mr. Chen compiled and get some information from the telephone company and work with the Chamber of Commerce. City Attorney's Report Mr. Baldwin reported we have received notification from the Alaska Division of Lands that the 13.47 acres the City has selected has been approved. The City Attorney reported he is at a point now he needs input on the recodification. He would like one early before budget session, next week if possible. Mayor Elson asked if there were any objection to having the work session Tuesday, March 25th at 7:00 P.M. at City Hall. Mayor's Report No report. City Clerk's Report No report. Finance Director's Report Mr. O'Connor stated that hopefully he'll have the financial statement out in two weeks. Planning $ Zoning's Report No report. Borough Assemblymen's Report Assemblyman Steiner reported on the Assembly Meeting of March 18th. An ordinance to provide for an increase in salaries of Borough employees was up for reconsideration. An amendment was introduced and defeated. The Borough employees will be getting a 13.1 increase. The schematics for the Russian Village School were disapproved as they were a radical design. PERSONS PRESENT NOT SCHEDULED TO BE HEARD: H. J. Steiner Councilman Steiner asked the City Attorney to revise the ordinance concerning intoxicating liquor on public streets, ' parks, etc., changing unanimous approval to read a majority, for introduction at the next Council mlooting. i MINUTES, KENAI CITY COUNCIL MEETING, MARCH 19, 1975 Page eight I - 2: I - 3: I - 4: Richard Morgan Councilman Morgan stated the Planning Commission recommends the State land auction not be held. He would rather see them opened up and can see no advantage to freeze them. Mr. Lynn stated the Commission felt the lots are too large for residential and easements would be hard to get for water and sewer lines and would hamper development of the well. Mayor Elson stated the State are selling these as commercial lots whereas they are zoned rural residential. These questions need to be resolved. Oscar Thomas Councilman Thomas asked what is the shape of the police vehicles. The City Manager stated one has been rebuilt. The other is in the process. There are two cars going and two new cars coming in June. One fireman has been transferred to the police department. Richard Morgan Councilman Morgan asked what was the status of putting out bids for the equipment for the new well. Mr. Lynn stated that he and Mr. Aber would be going to Anchorage to meet with him. They are looking atputting the new well next to the existing well and utilizing the existing well house. Councilman Morgan asked how are we, pump wise. Councilman Doyle stated we have a new pump and spare parts on standby. MEETING ADJOURNED 10:40 P.M. Respectfully submitted, o-� Sharon Loosli, City Clerk i i I i It I • _ U r t , 1 J. j .i Richard Morgan Councilman Morgan stated the Planning Commission recommends the State land auction not be held. He would rather see them opened up and can see no advantage to freeze them. Mr. Lynn stated the Commission felt the lots are too large for residential and easements would be hard to get for water and sewer lines and would hamper development of the well. Mayor Elson stated the State are selling these as commercial lots whereas they are zoned rural residential. These questions need to be resolved. Oscar Thomas Councilman Thomas asked what is the shape of the police vehicles. The City Manager stated one has been rebuilt. The other is in the process. There are two cars going and two new cars coming in June. One fireman has been transferred to the police department. Richard Morgan Councilman Morgan asked what was the status of putting out bids for the equipment for the new well. Mr. Lynn stated that he and Mr. Aber would be going to Anchorage to meet with him. They are looking atputting the new well next to the existing well and utilizing the existing well house. Councilman Morgan asked how are we, pump wise. Councilman Doyle stated we have a new pump and spare parts on standby. MEETING ADJOURNED 10:40 P.M. Respectfully submitted, o-� Sharon Loosli, City Clerk T I I D I I III 1 1 1 - - ~- I .J-lJIJ__... �.II�JJ!_!!!_.1Jl L I_JL_.Ilii —� `�---�IIII II II II-1},PI11.1111!!!!d11111 L_J_iJ!, ��J9,.L 11 L...!.I!LI__SM9. 11.1_.!. .J J,1.!..11 Jay S. Hammond Q O Q bNINAJbWtN14, GOVERNOR SD1hfl°rtag7'MENT OF REVENUEAlC EX BEVERAGE CONIROI BOARD 509 W. 30. St -ANCHORAGE 99501 February 27, 1975 Mr. Roland D. Lynn City Manager City of Kenai P.O. Box 580 Kenai, Alaska 99611 Dear Mr. Lynn: Listed below is the action taken by the Alcoholic Beverage Control Board I concerning liquor license applications in the City of Kenai: Approved renewal of beverane dispensary licenses: i Pre -Flight Lounge; Kenai Terminal Enterprises, Inc.; President Jack Peck, Vice -President Althea F. Peck, and Secretary. Marjorie J. Daniels; Kenai Airport; mail Box 3913, Kenai, Alaska. Rainbow Bar and Grill; Harry L. and Barbara Axson; Main and Overland; mail P.O. Box 413, Kenai, Alaska. Kenai Joe's Bar; Harry L. Axson, Elsie Cresswell, and Jack L. Conright; Lot 1, Block 17; mail P.O. Box 597, Kenai, Alaska. ADDroved renewal of recreational -site license: / Peninsula Oilers; Peninsula Oilers Baseball Club, Inc.; Presi- ,L/ dent Wade Lundstrom, Vice -President Richard Morgan, Secretary James Payne, and Treasurer Vince O'Reilly; Kenai Recreational Park; mail P.O. Box 1031, Kenai, Alaska. The City of Kenai may protest issuance of the above listed licenses within 30 days of receipt of this letter. If protest has not been entered upon completion of the 30 -day waiting period, the licenses will be issued. If your municipality does not desire to protest, an early notification to us will allow the license to be immediately issued. Sincerely, LU'�CL 1A 100 Ms. A. A. "Lee" Young Records and Licensing Supervisor AAY:vp Enc. Jay S. Hammond 0 d � Q�YxK60YERNOR i AECONOIIC REYERRGE CONIROE ROARO $09 W. 30. U.-ANCHORAGE 99501 February 27, 1975 Mr. Roland D. Lynn City Manager City of Kenai .P.O. Box 580 Kenai, Alaska 99611 Dear Mr. Lynn: Enclosed is a copy of an application for: Transfer of Beveraqe Dispensary License for: Pre -Flight Lounge; Kenai Terminal Enterprises, Inc.; President Jack Peck, Vice -President Althea F. Peck, and Secretary Marjorie J. Daniels; Kenai Airport; mail Box 3913, Kenai; to: Kenai Terminal Enterprises; President Brian L. Peck and Secre- tary Mancy J. Peck; mail Box 3913, Kenai, Alaska. .We would appreciate knowing the Council's feelings regarding this appli- cation. ". Sincerely, y Ms. A. A. "Lee" Young ale Records and Licensing Supervisor ' MY: vp Enc. e t e ` S � E I • s { �I { Y =i Jay S. Hamond d 0 0 1V1qWA*%W, 60YERN6R IDE11PAVITIMENT OF 19a:9 ENUE AICONDAC BEVERAGE CORM01 BOARD 509 W. 3RA. $1—ANCHORAGE 99501 March 3, 1975 Mr. Roland D. Lynn City Manaqer City of Kenai P.O. Box 580 Kenai. Alaska 99611 Dear Mr. Lynn: Enclosed is a copy of an application for: TRANSFER OF BEVERAGE DISPENSARY LICENSE FOR: Larry's Club; Larry H. & Florence Lancashire & G. C. Jarvis; Mile 1 North Kenai Road; Mail: 8312 NRB , Kenai , Alaska 99611. to: G.C. Jarvis & Jo Jarvis, P.O. Box 8312 NRB, Kenai, Alaska, 99611. We would appreciate knowing the Council's feelings regardinq this appli- cation. Sincerely, �Xf y i i Ms. A.A. "Lee" Young Records and Licensing Supervisor i i AAy:ss Enc. .. o - i i 3 I CITY OF KENAI ORDINANCE NO. 2S7-75 -I AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI i AMENDING SECTION 7-39 OF THE KENAI CITY CODE TO PROVIDE FOR THE SALE OF SURPLUS PROPERTY # BE IT ORDAINED by the Council or the City of Kenal, Alaska, that: ' I j Section 1. Section 7-39 of the Code of the City of Kenal Is hereby amended to read as follows: Section 7.39. The City Administrator may sell the following, only with notice to and approval of City Council, without giving an opportunity for competitive bidding: i (a) Surplus or obsolete supplies, materials, equipment or other property, excluding real property, the value of which does not exceed ONE THOUSAND and No/100ths ($1.000.00) DOLLARS, in a single transaction, or 1b) Supplies, materials, equipment or other property, excluding - real property, when sold at a price at least as great as that paid by the City for the some, provided that the following conditions shall be met. (1) Any suchrope p rty valued in excess o1 ONE THOUSAND and No/IOOths (91,000.00) DOLLARS shall be appraised by a qualified appraiser within six (s) months preceding the sale, and the sate price shall be not less than the appraised value. (2) The City Cinwil shall approve of the sale of any such property valued In excess of ONE THOUSAND and No/I00ths 01,000.00) DOLLARS. CITY OF KENAI JAMES A. ELSON, Mayor ATTEST. p j SHARON LOOSLi, City Clerk FIRST READING f SECOND READING PASSAGE DATE a • r KENAI COMMUNITY LIBRARY OUTLINE SPECIFICATIONS 1. GENERAL Occupancy: Type B-3 Unifrom Building Code 1573 Edition Applies Fire Zone 2 Seismic Zone 3 Parking Requirements: 1 space for each employee plus one per 100 square feet of usable floor space. Building Type V -N 2. SITE WORK Existing trees will be left standing to the maximum extent possible. Trees and brush cleared for construction will be removed from the site. Three feet of overburd:n and sift will be r moved from under building areas, parking areas and walks. Fill and backfill will be with clean non -frost susceptible gravel fill. Paving will be 2" of asphalt paving. Walks will be concrete. 3. CONCRETE Footings will be reinforced concrete resting on undisturbed firm bear- ing material at least 4 feet below grade at perimeter areas and 3 feet below grade at interior footings. Floor construction will be a 4" concrete slab on grade. Exterior walks and curbs will be reinforced concrete. , 4. MASONRY Exterior bearing walls and foundation walls will be 8" x 16" concrete masonry units. Interior columns and foundation walls will also be concrete masonry. Units will be stacked bond to match the Public Safety Building. 5. METALS Connections and connections of beams and purlins to walls will be structural steel hangers. Miscellaneous metal items will be provided as required. All metal items exposed to the exterior will be galvanized. Louvers will be anodized aluminum weather proof louvers. 6. WOOD AND PLASTICS Interior partitions will be wood frame. Interior face of block walls will be furred using 2 x 2 wood furring. Roof construction will be r glued laminated beams andppurlins with tongue and groove wood decking. Soffits and fascias shall be wood frame with plywood sheathing and redwood or cedar exterior plywood finish and trim. Finish carpentry will include interior fir trim and exterior cedar or redwood trim. Handrails and guardrails will be plain sawn oak. 7. MOISTURE PROTECTION Under slab, wall, soffit and fascia vapor barrier will be 6 mil - polyethylene film. Fascia shall have 15 pound felt damproofing. Perimeter insulation shall be 2" rigid insulation extending 24" below slab. Wall insulation shall be ll,-" of urethane board of 211" of styrofoam board. h Soffit and fascia insulation shall be 6" fiberglass batt insulation. I KENAI LUMMUNITY LIBRARY OUTLINE SPECIFICATIONS -� Page Two 7. MOISTURE PROTECTION (Continued) Roof insulation shall be two layers of 12" thick urethane insulation. Roof vapor barrier shall be sisalklraft Pyrocure 615 or equal. Roofing shall be 4 ply built up roof with glass fabric cap sheet. Flashings shall be anodized aluminum. Caulking will be silicone sealant. 8. DOORS AND WINDOWS Exterior door frames will be hollow metal filled with insulation or hardwood. Interior door frames will be hollow metal, Exterior doors will be hollow metal with tempered glass lites where shown. Interior doors will be solid core wood flake doors with painted surfaces. Windows will be insulating glass in wood casement for operable windows and insulating glass in curtainwall or hardwood frames. Commercial grade hardware will be used throughout. Doors to offices will be dutch doors. Closet doors will be bifold doors with locks. 9. FINISHES Interior ceilings will be stained tongue and groove decking in main areas and painted suspended gypsum board in toilet rooms and service areas.' Wall finishes will be painted gypsum board with plastic finished hardboard added in toilet rooms and service areas. Floor covering will be static free carpet throughout with the exception of toilet and service areas which will be sheet vinyl with coved base. Carpet will have rubber base. 10. SPECIALTIES Toilet partitions will be baked enamel. Toilet accessories will be stainless steel. Fire extinguishers will be provided in recessed cabinets. A flagpole will be provided. Door nameplates will be plastic. Folding wall will be acoustically treated and carpet or tack board covered. A projection screen will be provided. Storage shelving will be painted wood. A book drop will be provided. A building plaque will be included as well as a building sign. Bicicle racks will be provided. 11. EQUIPMENT Kitchen equipment will be General Electric residential type. Refrigerator, cooktop and fan will be provided. 12. FURNISHINGS Fixed cabinet work will be selected to harmonize with furnishings and movable cabinet work. Cabinet work will have plastic.laminate tops. 13. MECHANICAL Heating system will be a gas fired multizone warm air furnace system with humidity control. Hot water will be by an electric or gas hot water heater. Gas will be from local utility to building. Water and sewer services are available. Storm and roof drainage shall connect to Court building if possible. Toilet fixtures will be wall hung tank type. Drinking I KENAI C014MUNITY LIBRARY OUTLINE SPECIFICATIONS Page Three 13. MECHANICAL (Continued) fountain Will be semi -recessed. Frost proof hose bibbs will be provided at building perimeter. Heating coils will be provided at i building entry. All toilets will have exhaust fans. i 14. ELECTRICAL Interior lighting will be surface mounted fl"ourescent fixtures. ! Exterior lighting will be mercury vapor. A sound system will be provided. Fire exit will have an electric alarm. Telephone service will be provided as required. Outlets for audiD visual equipment and television jacks will be provided as required. Display area will have a lighted area. A pay.telephone will be provided. Six head bolt heate will be provided. Service entrance will be underground. Panelboards and main switch boards will be in the mechanical room. Night lighting -_. fire alarm and emergency lighting will be provided as required by code KENAI COMMUNITY LIBRARY t PRELIMINARY DETAILED COST ESTIMATE GENERAL CONDITIONS $30,000 SITE WORK Clearing $2,000 Excavating 7,400 = Backfill and Compaction 19,800 29,200 CONCRETE Footings 2,540 (< - Slab 7,450 Walks 4.340 14,330 MASONRY Foundation Malls 4,500 Above Grade 11,500 15,000 METALS Structural Metal 11000 n Miscellaneous 2,000 3,000 CARPENTRY Wood Frame Wails 5,400 Furring 7,500 Girders and Purlins Material 91000 Labor ! 3000 12,0 0 Decking Material 9,000 Labor 2 500 ,500 Furred Ceilings 10000 Soffits 7,500 ;.. ;.a Fascia 5,000 Inside Fascia 11000 50,900 A- i KENAI COMMUNITY LIBRARY PRELIMINARY DETAILED COST ESTIMATE Page Two MOISTURE PROTECTION Under Slab Vapor Barrier 250 Perimeter Insulation 600 Roofing 15,000 Soffit and Fascia Insulation and V.B. 1,900 Calking 600 Flashing 11000 DOORS AND WINDOWS Curtainwall 7,850 Wood Windows 1,500 Exterior'Doors 2,000 Interior Doors 2,750 Bifold Doors_- 2,100 Sliding Doors 450 Folding Walt 3,000 Interior Glazing 3,750 FINISHES Acoustical Insulation 700 Gypsum Board (included -in carpentry) Resilient Flooring 450 Carpet 7,500 Painting 12,000 Wall Covering 21000 SPECIALTIES Toilet Partitions 700 Toilet Accessories 500 Book Drop 500 Fire Fighting Devices 500 Flagpole 19000 Identifying Devices 600 Bicycle Racks 200 EQUIPMENT Refridgerator 300 Cooktop 300 Fan - 200 FURNISHINGS Fixed Cabinets with Sinks 4,000 Storage Shelving in Conference Room 1,000 19,350 23,400 22,650 3,900 800 5,000 I— men— --Vow a VA Y� r. iR i 1 19,350 23,400 22,650 3,900 800 5,000 I— men— --Vow a KENAI COMMUNITY LIBRARY PRELIMINARY DETAILED COST ESTIMATE Page Two �C MECHANICAL $60,000 F ELECTRICAL 30,000 SUB TOTAL 308,530 C - Plus 15% OHP 46,279 TOTAL 354,809 Plus Design Contingency 51191 TOTAL $360,000 ALTERNATE BID Paving 10,000 , + 15% OHP 1 500 1�,500— 11,500 TOTAL $371,500 r i k: ' �I v i � . ;yi�`M'�?G'FWaw6...�... -_ _--�;�_-�_:. = e.�...-n.y......-1.�. _ --': -'_-- '_-ri:.:..�:.'_' .-.. ._• _ -- ++ YJ k 13 CITY OF KENAI ORDINANCE NO. 0s'4-75 .......�..._ — ..._ s ,r • ,.�. I III -'--� AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING ARTICLE 1A OF CHAPTER 11, "HARBOR AND HARBOR FACILITIES", OF THE KENAI CODE BE IT ORDAINED by the Council of the City of Kenai: Section 1. Article 1A of Chapter 11 of the Code of the City of Kenai Is hereby enacted to read as follows: Section 11A-1. Port Commission -Established. There is hereby created the Kenai Port Commission, consisting of five (5) members. Section 11A-2. Port Commission - Geographic Jurisdiction. Subject to the paramount authority of the City Council, the Port Commission shall have jurisdiction, supervision and control of the following areas: Lot Three (3) , Section Nine (9). T5N, RI 11W, SM, all lands within ATS 272; and tidal water within the corporate limits of the City of Kenai, Kenai Recording District, Third Judicial District, State of Alaska. However, the jurisdiction, supervision and control of the Port Commission does not apply to areas which are under the exclusive control of the State of Alaska or the United States. Section 11A-3. Port Commission - Powers.J The Port Commission shall have the following powers: to acquire and own, In the name of the City, real and personal property and all rights incident thereto; enter Into contracts; disburse moneys collected from service charges of any nature; and to take all necessary action in the furtherance of the powers expressly set out In this Section. However, proposed contracts for the purchase or sale of real property, or any Interest therein, and all contracts in excess of TWO THOUSAND FIVE HUNDRED and No/100ths ($2, 500.00) DOLLARS, shall be executed only after the City Council has authorized such contracts. Section 11A-4, Port Commission - Regulation of Terminal and Transportation Facilities Operation. The Port Commission may regulate the manner in which terminal or transportation facilities are operated, In order to Insure safety and accommodation of the public. Section 11A-5. Port`Commission - Rules and Requlations. The Port Commission shall have the power to adopt such rules and regulations as may be necessary to carry out Its duties under this title. Page One, ORDINANCE NO. "-75 LE ,I ,t i Section 11A-6. Port Director and Employees - Appointment. The ^� City Manager shall appoint the Port Director and the technical and administrative employees who are necessary to carry on the functions of the Port of Kenai. The City Manager shall consult with the Port Commission regarding the appointment or dismissal of the Port Director, and shall consult with both the Port Director and the Port Commission regarding appointment, position classification and pay plan, as these matters relate to employees subject to the jurisdiction of the Port Director. Section 11A-7. Port Director - General Powers and Duties. The Port Director shall be the chief administrator of the Port. He shall, except as otherwise specifically instructed by the City Manager, exercise such powers and perform such duties as may be prescribed by the Port Commission, and shall perform all duties imposed by State or Federal Law upon harbormasters, port directors and administrative heads of harbors and ports. , Section 11A-8. Terminal or Transportation Facilities - Permit ' Required. (a) All lessees, owners or occupants of property within the area j i defined by Section i 1A-2, or elsewhere, within the City, who wish to construct or operate terminal or transportation facilities of any kind, including but not limited to wharves, docks and warehouses, shall apply to the Commission for a permit. Application therefor shall be made In accordance with regulations prescribed by the Commission, and shall be accompanied by a pian of the proposed construction which shall meet all standards and requirements which may be set forth by the Commission. ' Y (b) The Port Commission shall review the pian of the proposed ' construction In order to detemine whether It is In keeping with the objectives # of the approved general plan, if the Port Commission concludes that x k significant conflict exists between the proposed and general plans, a permit will not be Issued. x (c) The Port Commission, subject to the conditions of this Section, f may Issue permits upon such terms and conditions, and for such duration, as It may deem proper for the safe and efficient use of the area defined in Subsection (a) of this Section, and to Insure that adequate terminal and transportation facilities will be continuously provided in that area. No construction may be commenced or operation carried on without a permit from the Commission. (d) It shall be a condition of each permit granted by the Port Commission that the facilities to be constructed, and the services to be supplied in connection with them, shall be made available to all carriers upon equal terms, at equal rates, and without discrimination of any kind. (e) Every permit, tease, deed or conveyance or right, title or _ Interest, executed by the City, with respect to land within the jurisdiction of the Port Commission, shall Incorporate by reference or otherwise, and shall be subject to, the restrictions contained in this Section. Page Two, ORDINANCE NO. 2 75 It II1 10 L .� �u:�i'`�— �-nfrrd�aMli�riow ispie�cac-- '��Y•....:. •-• «-- oviiir s 7 � ti, f Section 11A-9. Terminal or Transportation Facilities - Permit - i -� Investigation of Holder - Cancellation. The Port Commission may inquire _ Into the manner in which obligations under the permits issued by it are carried out, and into the rate schedules and practices of the permit holders, for the purpose of determining whether the provisions of the permits are being complied with. The Commission shall have such access to books and records, and to terminal and transportation facilities, as may be reasonably necessary i to enable it to make this determination. Should the Commission at any time find that a permit holder is not complying with the terms of its permit, it may cancel the permit upon such notice and in accordance with such procedure as It may, by regulation, prescribe. Section 11A-10. Terminal or Transportation Facilities - Fixing, Rates, Charqes and Classifications for Use. The Port Commission shall fix the rates, charges and classifications to be charged for the use of facilities, goods or services provided by the City in the area defined by Section 11A-8. Such rates, charges and classifications shall be just and reasonable, shall be published In such manner as the Commission may require, and shall be final unless appealed to or changed by the City Council within twenty (20) days after publication. 1i CITY OF KENAI JAMES A. ELSON, Mayor ATTEST: SHARON LOOSLI, City Clerk FIRST READING SECOND READING PASSAGE DATE Page Three, ORDINANCE NO. 4E 6 -75 d , 1. r E 1 CITY OF KENAI f Recently the City Administration presented to Council an Ordinance establishing a Harbor Commission and providing for enabling Authority. The proposed Ordinance is a copy of the City of Anchorage's Ordinance. .I asked the Council not to take this Ordinance up until more 'r research could be done. My reasons for doing so were these: 1. It allowed the Commission to borrow or spend money within certain limits without City Council approval. 2. It allows the Commission to implement Capital Improvements. The City Charter requires all Capital Improvements originate in the Planning Commission. 3. The Regulations for Operation of the Harbor did not meet our local conditions. For several years, I have advocated the establishment of a Har- bor Commission. However, I am reluctant to create legislation em- powering a Commission without the input from those citizens who are knowledgeable and have an interest in Harbor Development. 4 - I presently have the authority to appoint a Harbor Commission. We do not have an Ordinance defining the duties or responsibility of t � the Commission. Therefore, it will be my recommendation to Council that a Committee Y 1 be established for the purpose of developing an Ordinance establishing a Harbor Commission and to work concurrently with the Planning Commission on the current problems of development in the Harbor area. K f. -30- I WINCE • CORTNEI.I 8t ASSOCIATES CONSUMNG ENGINEERS a P.O. Oo: 1041 283.4672 �" ��' fAn j KENAt. ALASKA 99611 �04 February 20, 1975 �► f(j �..� a Roland D. Lynn �.... _. . City Manager City of Kanai Kenai, Alaska - r Subject: Kaknu Korners Water and Sewer Project Dear Sir: ! Submitted herewith are the original and two copies of Periodic Pay _ .Estimate #2 Final for Subject Project. I Prior to satisfaction of the Subject Project Specifications (wester leakage requirements), the City Administration ordered the Contractor to improve access to several properties within the project. 'The Contractor was billed for 250 c.y: of gravel by a subcontractor. This material was mixed with the sand during :subsequent excavation of the water line for repair purposes:. The Contractor has requested thnt he ' be partially reimbursed for this quantity as Classified .ill Casco I. (sand), as this was the final use of the material. This amount is - Included in Periodic Cost Estimate #2 Final. The following dates are pertinent to the history of. the project as to the completion thereof: Scbeduled Completion: '11/1!73 Winter Shutdown Authorized: 11/2/73 .. ._ Spring Startup Authorized: 6/3/74 . Water & Sewer Lincs Completed & Tested According to t Specifications: 10/30/74 Case II Fill (gravel on Streets) Completed: ll/9/74 - i Very truly yours, Wince-Corthell & Associates .. Philip Bryson, i'� Incl. Periodic Pay Estimate #2 Final t 1 MOP W. etyma, P.C. kM L. Corot, P1. Aloe N. Corthell, P. E. Nele a Kleitlod. P.E, froak W. WMce. P,1. t s w ' i 5 c h 'i I Ii i 1' N :a .. , - _ .... , __ , - . _ _ :�,.•.,�.;.=- - _ =-- rte. - - — - --- - - . ESTIMATE 'NO. FINAL PROJECT ItAKE KAKAVU l"osemst�S 1973 bl wRa ANJ) ,�jp. I1►?P�✓'1Ui'v r!.S -73 - W2 B PROJECT NO. -73-• 51 6 CONTRACT NO. CONTRACTOR NAr0: R. Q P'el"eYson Cau s7-P.UC Tl00 Co. CONTRACTOR ADDRESS: 430 Wros"r 8 ' ALx . ,emu -4, FROM 11 OZ 73 TO 11/091.74. PERIOD COVERED BY THIS ESTIMATE: t CONTRACT COMPLETION DATE Nov 1 , IQ'73 i ADDITION OR REDUCTION OF DAYS (C.0. 140. 3 THRU ) AJAAIF M REVISED COMPLETION DATE 1110 ljF- . r CONTRACT A14OUNT '•X. 164, $o t ADDITION OR REDUCTION (C.O. NO. 1 THRU w) N©JUF REVISED CONTRACT AMOUNT 076 r 1464. go TOTAL AMOUNT FOR WORK COMPLETED TO DATE ALLOWANCE *FOR 14ATERIALS ON SITE t N0JF SUB TOTAL ?! . 901.00 j LESS 5 000 RETAINAGE B,+Ooo•� SUB TOTAL 69,401.0o Lge LESS PREVIOUS PAYMENTS r ESTIMATE NO. 1 THRU • it 6 -to3.4d- _ ; .. 'AMOUNT DUE CONTRACTOR ' 'ABOVE R&D- IMFORMATION PREPARED BY WINCE-CORTHEELL AND ASSOCIATES P.O. BOX 1041 s KENAI, ALASKA 99611 r Et F: i N :a — .. _— WVW •j Sorry the print is se snAll. The copy :aachine is stu:k on rrluction. i CITY OF KENAI F ORDINANCE NO.2Se-75 AN ORDINANCE OF Tilf COUNCIL OF THE CITY OF KENAI, ALASKA, DEFINING RULES AND REGULATIONS GOVERNING THE A041INISTRATION OF CITY -OWNED LANDS _ Table of Contents i ARTICLE 1 RULES AND REGULATIONS GOVERNING THE ADMINISTRATION OF CITY -OWNED LANDS ' Section 1. Lends Available for Leasing Section 2. Qualifications of Applicants or Bidders Section 3. Applications for Leasing - Filing Fee ' Section 4. Deposits for Costs Section S. Rights Prior to Leasing Section 6. Classification Prior to Lease Required Section 7. public Use Section 8. Review Section 9. Term of Lease Section 10. Appraisal �. Section It. Annual afinimum Rental Section 12. Responsibility to Locate Properly on Leased Promises Section 13. Lease Utilltatlon Section 14. Adjustment of Rental !+ Section IS. Subleasing i Section 16. Assignments Ij I Section 17. Modification Section 18. Cancellation - Forfeiture ' Section 19. Notice or Demand Section 20. Rights of Mortgagee or Lienholder — Section 21. Entry and Re-entry Section 22. Re -lease - Section 23. Forfeiture of Rental Section 24. Written Waiver Section 25. Expiration of Lease k Section 26. Removal or Reversion of Improvements Upon Termination of Lease Section 27. Rental for Improvements or Chattels Not Removed - ' Section 28. Sanitation it Section 29. Building and Zoning Cedes i t� Section 30. Fire Protection Page One, ORDINANCE NO. 258-75 J f_ 1 it ! 1j 6, t } E1. - a , f i - t ARTICLE 11 MATERIALS USE AND DISPOSAL Section I. Unauthorized Removal of Material Prohibited Section 2. Removal Not Authorlred by Deed or Lease Sectlon 3. Disposition of Rights by Council ARTICLE III Section 1. Penalties Section 2. Severabllity Clause Section J. Repealing Clause Section 4. Effective Date Pago Two, ORDINANCE NO. 258-75 l I S .t Section 31. Inspection Section 32. Personal Use of Materials _ Section 33. Rights of %Vay r 1' Section 34. Restrictions and Reservations Section 35. Waste and Injury to Land Section 36. Warranty Section 37. Lease Rental Credit Section 30. Approval of Other Authorities t ARTICLE 11 MATERIALS USE AND DISPOSAL Section I. Unauthorized Removal of Material Prohibited Section 2. Removal Not Authorlred by Deed or Lease Sectlon 3. Disposition of Rights by Council ARTICLE III Section 1. Penalties Section 2. Severabllity Clause Section J. Repealing Clause Section 4. Effective Date Pago Two, ORDINANCE NO. 258-75 l I I BE IT ORDAINED by the Council of the City of Kenal, Alaska: - The Code of the City of Kenal Is hereby emended by adding Chapter 20, Lands, which shall read as follows: ARTICLE I RULES AND RFGULATIONS GOVERNING THE ADMINISTRATION OF CITY -OWNED LANDS Section t. Lands Available for Leasinq. All the lands within the limits of the City to which the City holds title may be leased as hereinafter provided. Section 2. Qualifications of Applicants or Bidders. An applicant or bidder for a lease is qualified If the applicant or bidder: (a) Is an Individual at least nineteen (19) years of age or over: or (b) is a group, association, or corporation which Is authorized " to conduct business under the Laws of Alaska; or (c) Is acting as an agent for another and has qualified by filing with the City Clerk a proper Power of Attorney or a Letter of Authorization, creating such agency. The agent shall represent only one principal, to the exclusion of himself. Section 3. APPlleations. All applications for lease of lands shall be filed with the City Clerk on forms provided by the City, available at the City Hall Building. Only forms completed In full and accompanied by a $10.00 filing fee will be accepted for filing. Filing fees are not refundable. With every application the applicant shall submit a development plan showing and stating (1) the purpose of the proposed lease (2) the use, value and nature of Improvements to be constructed (3) the type of construction (4) the dates construction Is jjj estimated to commence and be completed (S) whether Intended use complies with l tF i the zoning ordinance and comprehensive plan of the City. Section 4. Deposits for Costs. All applications filed with the City Clerk will be forwarded to the City Engineer or other designated official, to I I determine his estimate of cost required to handle the application, Including but not limited to one or more of the following: survey, appraisal, and advertising I of the area under application. Upon determination said official will notify applicant In writing of such costs, and deposit shall he made therefor within . , thirty (30) calendar days after notice Is dated. Failure of applicant to pay - deposit shalt result in the application being cancelled. If the applicant does not '- Page Three, ORDINANCE NO. 25$-75 I i i _ r 1 s k . i f I accept a lease within thirty (70) calendar days after It Is offered to the applicant, aft deposit money spent or encumbered for survey. appraisal or advertising shall be forfeited, and the balance. if any, shall be returned to the applicant. If the latnd applied for upon %%tach deposit for costs is made is leased to another, the latter shall be required to pay actual costs of survey, appraisal and advertising, and the original deposit shall be returned to the depositor. where the applicant becomes the lessee, he shall be required to pay any excess of costs over deposits, and where the deposit exceeds actual costs, the excess shall be credited to present or future rents under the lease. All survey. appraisal and advertising shaft be performed only under the authorization of the City. and any such work done without such authorization shall not qualify. Sections. Rights P-lor to Leasing. The filing of an application for a lease shall give the applicant no right to a lease or to the use of the land applied for. Any use not authorized by lease shall constitute a trespass against the City. Section 6. Classification Prior to Lease Required. Before accepting applications to lease lands the area involved shall have first been classified for permitted land uses and a land use plan of the area prepared and publicly posted In the office of the City Clerk for a per lad of not to$9- ,t�henn ton (10) calendar days. The land use plan shall be prepared by tt N"ettl Planning Commission and approved by the Council prior to posting. // Section 7.Public Use. The tease of any City lends may be made to any State or Federal agency or political subdivision of the State for less than appraised value, as may be determined by the City Manager with the approval of the Council to be in the best interests of the public. Section 0. Review. No leased land may be changed in use, nor may any renewal lease be Issued until the proposed use or renewal has boon reviewed by the Planning Commission and approved by the Council. Section 9. Terms of Lease. All tosses shall be approved by the City Council before the same shall become effective. The term of any given lease shall depend upon the durabllity of the proposed uso, the amount of Investment In improvement proposed and made, and the nature of the improvement proposed with respect to durability and timo required to amortize the proposed investment. Section 10. A„pt r_p-raised. No land shall be teased, or a renewal lease Issued, unless the same has been appraised within a reasonable period prior to the date fixed for beginning of the form of the lease or renewal lease. No land shall be leased for loss than the approved, appraised annual rental, except as set out in Section 7. Appraisals shall reflect the number and value of City services rendered the land In question. Page Four, ORDINANCE NO. 2$8-75 - � !'i i i m s ns ii.ini i i ,muco nn ��Y�limn .' m Section 11, Annual Minimum Renal. Annual minimum rentals shall be computed from the approved appralsed market value, and shall be the lowest acceptable bid in the event of an auction. Section 12. Responsibility to Properly Locate on Leased Premises. It shall be the responsibility of the lessee to properly locate himself and his Improvements on the leased land. It shall be unlawful to encroach on other lands of the City, or on lands owned or leased by another, and violation shall constitute a misdemeanor. Section 13. Lease Utilization. Leased lands shall be utilized for purposes within the scope of the application, the terms of the lease, and In conformity with the ordinances of the Clty o, and In substantial conformity with Its comprehensive plan. Utilization or development for other than the allowed uses shall constitute o violation of the lease and subject the lease to cancellation at any time. Failure to make substantial use of the land, consistent with the proposed use, within one (1) year shall. In the discretion of the City Manager with the approval of the Councib constitute ' grounds for cancellation. { Section 14. Rental. All Adjustment of Re leases shall contain the agreement of the lessee toaassyw,1f 'I ' J City Manager wart, ----_ . _rte, r��u every fifth year. d Section 15. Subleasing. No lessee may sublease lands or any part thereof leased to him hereunder, without prior Council approval. Subleases shall be In writing, and be subject to the terms and conditions of the original lease. Section t fi. Assignments. No lessee may assign the lands leased to him without prior Council approval. The assignee shall be subject to all of the l provisions of the lease. Any attempted assignment made in violation of this Section shall be void. 1 l Section 17. Modification. No lease may be modified orally or In any manner other than by an agreement In writing, signed by all parties In Interest j4 o or their successors In Interest. i Section 18. Cancellation - Forfeiture. 1 ' i (a) Leases In good standing may be cancelled In whole or ' In part, at any time, upon mutual written agreement by lessee and the City • Council. ' i (b) Any lease used for unlawful purpose may be cancelled. t v I (c) If the lessee shall default in the performance or observance Page Five, ORDINANCE NO. 76e-75 iV } I i r r l f !� 1: I ( 1. V . Vl _ i I j .' m of any of the lease terms, covenants or stipulations thereto, or of the regulations now or hereafter in force, or any of the ordinances of the City, and should said default continue for thirty (30) calendar days after service of written notice up '. -U lny w!t eo Xv by lessee of the conditions warranting default, thq Cily_ . I tubject lessee to appLoprilte legal action, including, but not limited to, forfeiture or the lease. No be removed by lessee or other person during any time the lessee is in default. This provision shalt not be construed to prohibit the City from taking any appropriate legal action, including, but not limited to, forfeiture of the lease, Immediately upon the occurrence of a default. Section 19. Notice a : ,uand Any n. -lice or demand, which under the terms of a lease or under my statstatAt must be given or made by the parties thereto, shall be In writing, and be given or made by registered or certified mail, addressed to the othrr, early at the address of record. However, either party may designate in writing such new or other address to which such notice or demand shall thereafter ire so given. made or mailed. A notice given hereunder shall be deemed delivered when deposited in a U. S. gone -rat or branch post office, enclosed in a registered or certified mail prepaid wrapper or envelope, addressed as hereinabove provided. Section 20. Rights of Mortgagee or Lienholder. In the event of cancellation or forfeiture of a lease for cause, the holder of a properly recorded mortgage, conditional assignment or collateral assignment will have the option to acquire the lease for the unexpired term thereof, subject to the same terms and conditions as in the original lease. Section 21. Entry and Re-entry. In the event that the lease should be terminated as hereinbefore provided, or by summary proceedings or otherwise, or In the event that the demised lands, or any part thereof, should be abandoned by the lessee during the said term, the lessor or Its agents, servants, or representative, may, immediately or any time thereafter, re-enter and resume possession of said lands or such part thereof, and remove all persons and property therefrom, either by summary proceedings or by a suitable action or proceeding at law without being liable for any damages therefor. No re-entry by the lessor shall be deemed an acceptance of a surrender of the lease. Section 22. Re -lease. In the event that a lease should be terminated as heroin provided, or by summary proceedings, or otherwise, the City Manager may offer said lands for lease or other appropriate disposal, pursuant to the provisions of this Ordinance. Section 23. Forfeiture of Rental. In the event that the lease should be terminated because of any breach by the lessee, as herein provided, the annual rental payment last made by the lessee shall be forfeited and retained by the Page Six, ORDIIiANCE NO. 258-15 Wo l k 4 lessor as partial or total liquidated damages for said breach Section 24. Witter) Waiver. The receipt of rent by the lessor with knowledge of any breach of the lease by the lessee, or any default on the part of the lessee in observance or performance of any of the conditions or covenants of the lease, shaft not be deemed to be a waiver of any provision of the lease. No failure on the part of the lessor to enforce any covenant or provision therein contained, nor any waiver of any right thereunder by the lesser, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the lessor, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving by the lessor of any notice thereunder to affect such termination, stall net rainstate, continuo, or extend the resultant term therein demised, or destroy, or in any manner Impair the efficacy of any such notice or termination as may have been given thereunder by the lessor to the lessee prior to the receipt of any such sum of money or other consideration, untess so agreed to In writing and signed by the lessor. Section 25. Execration of lease. Unless the lease is renewed or sooner terminated as provided herein, the lessee shall peaceably and quietly leave, surrender and yield up unto the lessor all of the leased land, on or before the fast day of the term of the lease. Section 26. Removal or Reversion of improvements upon Termination 0f t ease. Improvements owned by a lessee shall within sixty (60) calendar days after the termination of the lease be removed by him; provided, such removal will not cause Injury or damage to the lands; and further provided, that the City Ulanager may extend the time for removing such Improvements In cas where hardship Is proven. The retiring teases may, with the consent of the Official, sell his Improvements to the succeeding lessee. All periods of time granted lessees to remove improvements are subject to said lessees paying to the City pro -rata lease rentals for said period. If any Improvements and/or chattels having appraised value in excess of $10, 000.00 as determined by the Assessor, are not removed within the time allowed, such Improvements and/or chattels shall upon duo notice to the tosses, be sold at public sale under the direction of the City Manager. The proceeds of the sale shall Inure to the lessee preceding, if he placed such Improvements and/or chattels on INC lands, after deducting for the City all rents due and owing and expenses Incurred In making such safe. In case there are no other bidders at any such sale, the City Manager Is authorized to bid, in the name of the City, an such improvements, and/or chattels. The bid money shall be taken from the fund to which said lands belong and the sold fund shall receive all monies or otter value subsequently derived from the sale or leasing of such improvements and;or chattels. City shall acquire all rights, both Page Seven, ORDINANCE No. 2S$ -?S a I I INN ILI- - I ��t � iullq IMIII I III VIII VIII II IIIA legal and equitable, that any other purchaser would acquire by reason of said purchase. If any improvements and/or chattels having appraised value of $10, 000.00 or less, as determined by the Assessor, are not removed within the time allowed, such Improvements and/or chattels shall revert to, and absolute title shall vest In, the City. Section 27. Rental of Improvements or Chattels Not Removed. Any Improvements and/or chattels belonging to the lessee or placed on the lease during the lessee's tenure with or w ithout his permission and remaining upon the premises after the termination date of the lease, shall entitle the lessor to charge a reasonable rent therefor. Section 28. Sanitation. The lessee shall comply with all regulations or ordinances of the City which are promulgated for the promotion of sanitation. The premises of the lease shall be kept In a neat, clean and sanitary condition and every effort shall be made to prevent the pollution of water. Section 29. Bulidinq and tonlnq Codes. Leased lands shall be utilized In accordance with the building and toning ordinances and rules and regulations of said authority. Failure to do so shall constitute a violation of the lease. Section 30. Fire Protection. The lessee will take all reasonable precaution to prevent, and take all necessary action to suppress, destructive or uncontrolled grass, brush or other fires on leased lands, and comply with all laws, regulations and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. Section 31. Inspection. The lessee shall allow authorized representative of the City to enter the leased land for inspection at any reasonable time. Section 32. Personal Use of Materials. All coal, oil, gas and other minerals and all deposits of stone or gravel valuable for extraction or utilization and all materials subject to Title 11, Division 1, Chapters 0, S and 6 of the Alaska Administrative Code, are excepted from the operation of a surface lease. Specifically, the lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravel, peat -moss, topsoil, or any other material valuable for building or commercial purposes: provided, however, that material required for the development of the Leasehold may be used, If Its use Is first approved by the City Manager. Section 33. Rights of Way. The 1 expressly resorvas the right to grant easements or rights of way across lea lend If II is determined In the best Interest of the City to do so. The les w lands such easements or rights of way shall cross shall be entitled o damages for all Improvements Page Eight, ORDINANCE NO. 259-75 s W I destroyed or tlarruged. Damages shall be lipto Improvements only, and loss shall be determined by fair market alu Annual rentals may be adjusted W compensate lessee for loss of use. Section 30. Restrictions and Reservations The lease shall contain such restrictions and reservations as are necessary to protect the public Interest. Section 3S. Waste and Injury to Land. If any person shall commit waste. or trespass or other Injury upon City land, the person so offending, in addition to being civilly liable for any damages caused, shall be deemed guilty of a misdemeanor. Section 36. Warranty. The City does not warrant by Its classification j or leasing of land that the land is Ideally suited for the use authorized under said classification or lease, and no guaranty Is given or Implied that it shall be profitable to employ land to said use. Section 37. Lease Rental Credit. When authorized In writing by the City Manager with approval of the City Council, prior to the commencement of any work, llw lessee may be granted credit against current or future rent, provided, said work, accomplished on or off the leased ar sults In Increased valuation of other City owned lands. Said authorlrationpulate type of work, standards of construction and the maximum allowable credit for the sWifte project. Section 38. Approval of Other Authorities. The Issuance by the City of deeds or leases under the provisions of this Ordinance does not relieve the grantee or lessee of responsibility of obtaining licenses or permits as may be required by duty authorized Borough, State or Federal Agencies. Section 39. Title Restrictions. All leases or sales of property shall ! be made subject to restrictions and reservations In the patent, deed or other ; Instrument under which the City holds. @ ARTICLE 11 USE AND DISPOSAL OF MATERIALS ON CITY LANDS Il Section 1. Any person, firm or corporation who without written authority y from the City removes rock, gravel or other material from the lands owned by the City without the express consent of the City Manager shall be deemed guilty of a misdemeanor. Any criminal action taken against such person shall not h preclude the lnstitutulon of civil proceedings by the City. A b Section 2. No deed or lease granted by the City to any person shall contain terms or be construed as granting any right to remove material from 1 Page Nino, ORDINANCE NO. 258-75 I i { i1 f 6 , r W I destroyed or tlarruged. Damages shall be lipto Improvements only, and loss shall be determined by fair market alu Annual rentals may be adjusted W compensate lessee for loss of use. Section 30. Restrictions and Reservations The lease shall contain such restrictions and reservations as are necessary to protect the public Interest. Section 3S. Waste and Injury to Land. If any person shall commit waste. or trespass or other Injury upon City land, the person so offending, in addition to being civilly liable for any damages caused, shall be deemed guilty of a misdemeanor. Section 36. Warranty. The City does not warrant by Its classification j or leasing of land that the land is Ideally suited for the use authorized under said classification or lease, and no guaranty Is given or Implied that it shall be profitable to employ land to said use. Section 37. Lease Rental Credit. When authorized In writing by the City Manager with approval of the City Council, prior to the commencement of any work, llw lessee may be granted credit against current or future rent, provided, said work, accomplished on or off the leased ar sults In Increased valuation of other City owned lands. Said authorlrationpulate type of work, standards of construction and the maximum allowable credit for the sWifte project. Section 38. Approval of Other Authorities. The Issuance by the City of deeds or leases under the provisions of this Ordinance does not relieve the grantee or lessee of responsibility of obtaining licenses or permits as may be required by duty authorized Borough, State or Federal Agencies. Section 39. Title Restrictions. All leases or sales of property shall ! be made subject to restrictions and reservations In the patent, deed or other ; Instrument under which the City holds. @ ARTICLE 11 USE AND DISPOSAL OF MATERIALS ON CITY LANDS Il Section 1. Any person, firm or corporation who without written authority y from the City removes rock, gravel or other material from the lands owned by the City without the express consent of the City Manager shall be deemed guilty of a misdemeanor. Any criminal action taken against such person shall not h preclude the lnstitutulon of civil proceedings by the City. A b Section 2. No deed or lease granted by the City to any person shall contain terms or be construed as granting any right to remove material from 1 Page Nino, ORDINANCE NO. 258-75 I i { i1 f 6 , �{ .,..— � Asn'•,— - ' ..�:... � ,. ,. ., , u _ •-.ii+-:_..:.+�}. -•-, • -- -.. �.+:...._ .__7(Sdm�eu.eu.,..w_t..._..� �-� _— _�a_...� _ � , t .,..__ . _-_ _ ' i _— _ � ___ v I .. City lands. Sectlon 3. In recognition that conditions may exist from time to time whereby use of such lands and the mater lal comprising the same may be beneficial to the public Interest and promote the progress and development of the City, applications for the use thereof may be received and considered by the City Manager, providing such applications fully disclose _ to the City all material facts and plans for the proposed use. Such applications shall be consistent with the Comprehensive Plan of the City and referred to the City Planning Commission for its recommendations. Disposition of such applications shall be made by the Council as required herein. ARTICLE III—� I Section 1. Penalties. Any person violating any of the provisions of this Ordinance shall be deamed guguilty of a misdemeanor, and upon conviction thereof shall be fined In an amount not exceeding ONE HUNDRED and No/100ths (!100.00) DOLLARS. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Section 2. Severablllty Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance Is for any reason held Invalld or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and Independent provision, and such holding shail not affect the validity of the remaining portions thereof. ' CITY OF KENAI� jl I7 JAMES A. ELSON, Mayor ATTEST: SHARON LOOSLI, City Clark FIRST READING SECOND READING PASSAGE DATE Page Ton, ORDINANCE NO. 258 -IS -1111, Hill 11111 11 .019 v - t* 14 1444 a4 �Owtvv ie lb e, 4 1-7 ,.•;pan � �' "i ; Z Ax 14, accept a lease within thirty (30) calendar days after it is offered to the applicant, all deposit money spent or encumbered for survey, appraisal or advertising shall be forfeited, and the balance, If any, shall be returned to the applicant. If the land appi led for upon which deposit for costs is made is leased to another, the tatter shall be required to pay actual costs of survey, appraisal and advertising, and the original deposit shall be returned to the depositor. Where the applicant becomes the lessee, he shall be required to pay any excess of costs over deposits, and where the deposit exceeds actual costs, the excess - shall be credited to present or future rents under the lease. Ali -"survey, appraisal and advertising shall be performed only under the authorization of the City, and any such work done without such authorization shall not qualify. Section 5. Rights Prior to Leasing. Thfe filing of an application for a lease shall give the applicant no right to a lease or tci•thge_ se of the land applied for. Any use not authorized by lease shall constitute a trespass against the City. Section 6. Classification Prior to Lease Required. Before accepting applications to lease lands the area involved shall have first been classified -for permitted land uses and a land use plan of the area prepared and publ Iciy �: 0 1 posted in the office of the City Clerk for a period of not less Z#iW�Plannlng en (14) calendar days. The land use plan shall be prepared by the Commission and approved by the Council prior to posting. Section 7. Public Use. The tease of any City land may be made to any State or Federal agency or political subdivision of the State -for less than appraised value, as may be determined by the City Manager with the approyTI of the Coyncil to be in the best interests of the public. 7"/uS f; cvi t'J"' e -;.t n`' 291y, Wliere Abd reifr1crit,+exs rCy:•�rG: -t � rc,�t�4� �� ��� 1C 2S�c1� �i >i•t . �� ,... i3� �'' /1 icet vSection 8. Review. No leased land may be changed hi use, nor may any renewal lease be Issued until the proposed use or renewal has been reviewed by the Planning Commission and approved by the Council. Section 9. Terms of Lease. All leases shah be approved by the City Council before the same shall become effective. The term of any given lease shall depend upon the durability of the proposed use, the amount of investment In Improvement proposed and made, and the nature of the improvement proposed with respect to durability and time required to amortize the proposed investment. Section 10. Appraisal. No land shall be. leased, or a renewal lease issued, unless the same has been appraised within a reasonable period prior to the date fixed for beginning of the term of the lease or renewal lease. No land shall be leased for less than the approved, appraised annual rental, except as set out in Section 7. Appraisals shall reflect the number and value of City services rendered the land In.question. r^ .1 Page Pour, ORDINANCE NO. 258-75 11 F q k f; r C Y� i• r. �I V 11 F q Section 11. Annual Minimum Rental. Annual minimum rentals I shall be computed from the approved appraised market value, and shall be _ the lowest acceptable bid in the event of an auction. Section 12. Responsibility to Properly Locate on Leased Premises. It shall be the responsibility of the lessee to properly locate Himself and his Improvements on the leased land. It shall be unlawful to encroach on other lands of the City, or on lands owned or leased by another, and violation shall constitute a misdemeanor. Section 13. Lease Utilization. Leased lands shall be utilized for purposes within the scope of the applicatio�,�; terms of the lease, a ' conformity with the ordinanc of the City`'in Gd Ae zonMg-ar'd;nanee, and in suiastantial conformity with e comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation �� �qfthe I ase.and' f� subject the lease to cancellation at any time. Failure to ma�� esu is tiaf use `�': •`%"� ��/�t of the land, consistent with the proposed use, within one (1) year Pallin the discretion of the City Manager with the approval of the Council, onstitute /YY- 1 grounds for cancellation. `) ��tt ��,,e e Section 14. Adjustmen f Rental. All leases shall contain the agreement of the lessee to aKadljus�t of the annual rental paymentjby44;e G•ity- anager-with-consent-ofAhL-CoutTc4l, ever fifth year. �. 'FGY' ��.5 VtEGw�liCt Crlt�-{•(♦ •j,!" C7: ./C :i t (/� ri. e,�.rC•�Y. [ _• �,. ; ' /,i,jfN�Ott,a rv,3G-:f/3'�Iu L•/if.�f,�d �e,+.r g,uC.t ir y�8r d pCrie5.�t/, e -f 41x4/01 -?1 @ Section 15. Subleasing. No lessee may sublease lands or any part„l;r >!Q thereof leased to him hereunder, witho�u��tprior 46 approval. Subleases • ' ♦,s�''/ _ shall be,jn writing, and be subject to thparms a d conditions of the original�•d;::f'J�t,rf.�,.1.. tease. //►� JJ Section 16. Assignments. No lessee may assign the lands leased 1 him without prior Council approval. The assignee shall be subject to all of the, ,�,,:, f��t provisions of the lease. Any attempted assignment.made in violation of this°c%�i:,?,P4 Section shall be void. . � / J f `, � ' , • � r � ��” f♦ �� • T p (rJ •t1=FLS i i. • Section 17. Modification. No lease may be modified orally or In any manner other than by an agreement in writing, signed by all parties In Interest , orthqJr successorsp In interest. ' 111 Section 18. Canbellation - Forfeiture. ' _'_ •_ _ (a) Leases in good standing may be cancelled in whole or in part, at any time, upon mutual written agreement by lessee and the City Council. j (b) Any lease used for unlawful purpose may be cancelled. E 1 (c) If the lessee shall default in the performance or observance j: Page Five, ORDINANCE N0. 258-75 T of any of the lease terms, covenant.s or stipulations thereto, or of the ! regulations now or hereafter In force, or-an.y-of the ordinances-af. lle4uy, and should said default continue for thirty (30) calendar flays after service of written notice by the City without remedy by lessee of the conditions . warranting default, the City shall subject lessee to appropriate legal action, 15 � Including, but limited �a.�� not to', forfelture of the lease. No improvements may be • _ removed by lessee or other person during any time the lessee is In default. This provision shall not be construed to prohibit the City from taking any approprfate legal action, including, but not limited- to, fort Iture of the lease, Immediately upon the occurrence of a default: I' - Section 19. Notice or Demand. Any notice or demand, which under the terms of a lease or under any statute must be given or made by the parties thereto, shah be in writing, and be given or made *by registered or certified mail, addressed to the other party at the address of record. However, either party may designate in writing such new or other address to which such notice or demand shall thereafter be so given; made or mailed. A notice given hereunder shall be deemed delivered when deposited In a U. S. general or branch post office, enclosed In a registered or certified mail prepaid wrapper or envelope, addressed as hereinabove provided. Section 20. Rights of Mortnagee or Lienholder. In the event of - cancellation or forfeiture of a lease for cause, the holder of a properly recorded • mortgage, conditional assignment or collateral assignment will have the option d to acquire the lease for the unexpired term thereof, subject to the same terms and conditions as In the original tease. ► =YSection 21. Entry and Re-entry. In the event that the lease should be k terminated as hereinbefore provided; or by summary proceedings or otherwise, or in the event that the demised lands, or any part thereof, should be ! abandoned by. the lessee during the said term, the lessor or Its agents, servants, or representative, may, immediately or any time thereafter, re-enter and resume gg possession of said lands or such part thereof, and remove all persons and P property therefrom, either by summary proceedings or by a suitable action or F proceeding at law without being liable for any damages therefor. No re-entry by the lessor shall be deemed an acceptance of a surrender of the lease. 1 } Section 22. Re -lease. In the event that a lease should be terminated as herein provided, or by summary proceedings, or otherwise, the City Manager - may offer said lands for lease or other appropriate disposal, pursuant to the d provisions of this Ordinance. Section 23. Forfeiture of Rental. In the event that the lease should be terminated because of any breach by the lessee, as herein provided, the annual j rental payment last made by the lessee shall be forfeited and retained by the P Page Six, ORDINANCE NO. 258-75 r -"' - III. l II II I l II 1111! II IIIA I1111111111AI ql pIAI UII I�111 'i>i IIMi YL.1.Ii�Aii, _- ' }p ���lil��-�LAy I! .IB!!I!! J.lBlh.11111,1 is JJla .I JI 111. 11.49 II t legal and equitable, that any other purchaser would acquire by reason of said purchase. k If any Improvements and/or chattels having appraised value of $10, 000.00 or less, as determined by the Assessor, are not removed within the time allowed, such improvements and/or chattels shall revert to, and absolute title shall vest In, the City. Section 27. Rental of Improvcmen s or Chattels Not Removed. Any Improvements and/or chattels belonging to the lessee or placed on the lease during the lessee's tenure with or without his permission and remaining upon .the premises after the termination date of the lease, shall entitle the lessor to charge a reasonable rent therefor. % Section 28. Sanitation. The lessee shall comply with all regulations or ordinances of the City which are promulgated for •the promotion of sanitation. The premises of the lease shall be kept in a neat, clean and sanitary s condition and every effort shall be made to prevent the pollution of water. Section 29. Building and zoning Codes. Leased lands shall be utilized In accordance with the building and zoning ordinances and rules and regulations of said authority. Failure to do so shall constdtute a violation of the lease. Section 30. Fire Protection. The lessee will take all reasonable j precaution to prevent, and take all necessary action to suppress, destructive or # uncontrolled grass, brush or other fires on leased lands, and comply with ail laws, regulations and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. {� =�• , l.- Section 31. Inspection. The lessee shall allow authorized representative of the City to enter the leased land for Inspection at any reasonable time. Section 32. Personal Use of Materials. All coal, oil, gas and other minerals and all deposits of *stone or gravel valuable for extraction or utilization and all materials subject to Title Ii, Division 1, Chapters 4, 5 and 6 of the Alaska j Administrative Code, are excepted from the operation of a surface lease. Specifically, the lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravel, peat -moss, topsoil, or. any other material valuable for building or commercial purposes; provided, however, that material I required for the development of the I6asehaid may bq used, If its use is first approved by the City Manager. sectirt, 3?. Ri e4....�Way. Tim fight -- o grant easement's o l -W" - lea, and if it is determined in the ; best interes ty to do so. The ee whose lands suitrra'sements or f r o w aY shall ed to fes! a mprovements 4 Page Eight, ORDINANCE NO. 258-75 i e2(i t: i; des€r0ypd or damaged. Damages shall be limited to improvements only, and loss shati be determined by fair market value. Annual rentals may be adjusted !i to compensate lessee for loss of use. Section 33. Restrictions and Reservations. The lease shall contain such restrictions and reservations as are necessary to protect the public interest. Section 3a. Waste and Injury to Land. If any person shall commit waste, or trespass or other injury upon City land, the person so offending, In addition to being civilly liable for any damages caused, shall be deemed guilty of a misdemeanor. Section 3S7 Warranty. The City does not warrant by its classification or leasing of land that the land is ideally suited for the use authorized under said classification or lease, and no guaranty is given or implied that it shall be profitable to employ land to said use. Section 31f. Lease Rental Credit. When authorized in writing by the City Manager with approval of the City Council, prior to the commencement of any work, the lessee may be granted credit age; est current or future rent, provided, said work, accomplished on or off the !cased a ea, results in increased valuation of other City owned lands. Said authorization ay pulate type of ,`s�� • work, standards of construction and the maximum allowa (e credit for the specific project. Section 3V. Approval of Other Authorities. The issuance by the City of deeds or leases under the provisions of this Ordinance does not relieve the grantee or lessee of responsibility of obtaining licenses or permits as may be 0 required by duly authorized Borough, State or Federal Agencies. i i' Section 38 Title Restrictions. All leases or sales of property shall be made subject to restrictions and reservations in the patent, deed or other Instrument under which the City olds. re ;M JN,�e Ab 77� "e& = �a t ARTICLE II /It�;l;ry e USE AND DISPOSAL OF MATERIALS ON CITY LANDS Section 1. Any person, firm or corporation who without written authority -.-- from the City removes rock, gravel or other material from the lands owned by j ' the City without the express consent of the City Manager shall be deemed guilty of a misdemeanor. An criminal action taken against such person shall not ----- � Y 9 P E preclude the institutulon of civil proceedings by the City. Section 2. No deed or lease granted by the City to any person shall contain terms or be construed as granting any right to remove material from I Page Nine, ORDINANCE NO. 258-75 is r f • 1 Itemn to be ratified Travolora Inao 3,602.05 none March omploy000 group I{ national Dank of Alanka 100p00.00 none for 1 TCD 1l0rax 732.37 nano uoo of machine b 2 nota !4 colater for 1 month �j D 6 C Auto Supply Counci) of Murch 19, 075 i months invoicon IBM The following aro dibburrsensr•ntrs over 0500.00 which need maq card for 1 month Council approvals 196 = Vl;1JI)OR At OU11T V. O. 1 DFIVIOPT1011 John Y. OOvnner 665.31 none awing oxprsnss":rs ADL loaoo for Roe. Tracks Phil Aber 1,484.04 none moving exponuoo J K b L McKee Janitorial 1,546.64 none payable at and of rhonth for 36 commercial fishinq for Murch onrvices � liconoos Vah Watero b Hogesrn 729.50 6656 for chemicalu uuod at for gan b oil doiivorioo r + 0awar plant: 4F 1' i 4 q i, Itemn to be ratified Travolora Inao 3,602.05 none March omploy000 group I{ national Dank of Alanka 100p00.00 none for 1 TCD 1l0rax 732.37 nano uoo of machine b 2 nota !4 colater for 1 month �j D 6 C Auto Supply 734.70 various i months invoicon IBM 1,313.29 197 maq card for 1 month 196 purchnoo of 2 maohinoo Dept of Revenue 1,030.00 none ADL loaoo for Roe. Tracks J K b L i Dopt of Piah & game 620.45 none for 36 commercial fishinq liconoos Doyion Fuel Vorvico 926.03 none for gan b oil doiivorioo r + HOUSTON EG1 LYTLe ,� •ROrxaa+r�nxL e�arva�l+Da ATTOAM91+ts AT L.AW GLYL9EC 04GU6100 0#GMARU F. WILE E LIfS4 W96110I &AVENUE 1tL60000RC 278-1021 1lYLLfAIAH,AfiTti,� irf 80114260 AREA CODE OD7' ANC"CRAOC, ALA09A 0000# March 12, 1975 Mr. C. R. Baldwin City Attorney i City of Kenai ' Kenai, Alaska 99611 Re: Consolidated Utilities, Ltd, vs, The City of Kenai vs. Chicago Pneumatic Tool Company E Superior Court No. 67-491 Dear Mr. Baldwins Enclosed is an original and four copies of a Stipulation for Settlement with regard to the referenced matter. Mr. Arnold, the attorney for Consolidated Utilities has r approved and signed the Stipulation. 1 If you approve it, would you please sign all copies, ► - retain a copy for your file, and return the original and remaining copies to our office. Thank you. Sincerely, HOUSTON & LYTLE oLytlMe R hard F, - - RFL: im► _ll Incls. r k ' i r I` J I i� •t 1 1 III THE OUP9RIOR COURT FOR THE STATY OF AWKA 2 ° THIM JUDICIAL DISTRICT 3, C 11MLIVATED UTILITIES, LTU., ) . an Alaoks corporation, 41 - Plaintiff, !i va. $ ' THE CITY OF YXNAI, a municipal } i ' corporation, 8 = Defendanto, ) Va, 10 ' CHICAGO InMUMATIC TOOT. COMPANY, ) 11 Intervener. )) I2 No. 67-491 18 fiTIPULATI011 FOR SETTLYA4911T Id - COME NOW CONSOLIDATED UTILITIES, LTD., by and through 1S ; Ito attorney, W, C, ARNOLD, CITY OF UVAI, by and through Ito i 16 ' attorney, C, R, BALDWIN, and CHICAGO PNEUMATIC TOOL COMPANY, by 19 and through its attorneys, HOUSTON 6r LYTLE, and stipulate as 18 followos 19 CONSOLIDATED UTILITIES, LTD. and the CITY OF REVAI 20 hereby naive, rolinquioh and reloasc all claima', known or unknown, 21 liquidated or unliquidated, they nolo have, or may have In the 22 : fUtUre, against CHICAGO PNYUIMTIC TOOL COMPANY in connection with, 23 or resulting from, any equipment aoid to them by CHICAGO PNEUMATIC 24 : TOOL COMPANY, its agents or employees, any repairs performed by 26 CHICAGO PNEUMATIC TOOL COMPAWY, Ito agents or employeea, andlor 26 : any warranties, express or implied, on any work, labor, equipment 27 or repatra furnished by CHICAGO FOUDIATIC TOOL COMPAW, Ito agents 20 and employoea. 2!i; It is further agreed that the CHICAGO PNEUtMTIC TOOL 30 COMPANY equipment inatalled in the CONSOLIDATED UTILITIES, LTO, 31 , p,enerating plant in 1963, ae more fully deocribed in the 32 Financing Statement dated September 19, 1963, a copy of which Lo NaU91aH R bt't4t �� it,NNlpµ(iNI111M1 Mi[MNtt1 M 1MM NHS/it iPttP�N«Yt AfItMOi'Mi. AN.Ii4pr •' 1 iNaPP.rtftatst 1 I attached hereto as Exhibit "A" and by this reference made a part 2 hereof, shall be the property of CONSOLIDATED UTILITIES, LTD. 3 Further, if CONSOLIDATED UTILITIES, LTD. should ever sell, lease, 4; or in any way dispose of said equipment, other than on an "as is S, whore to" basis, CHICAGO PNEUMATIC TOOL COM4PARY shall be notified 6 so it may inform said buyer, or lessee, that it does not warrant 7 the equipment in any way. 8 it to further agreed that the equipment as set forth in 9 the Financing Statement dated July 1, 1965, a copy of which is 10 attached hereto as Exhibit "B" and by this reference made a part 11 1 hereof, shall be the property of CHICAGO PNEUMATIC TOOL COMPANY, 12 and CHICAGO PNEUMATIC TOOL COMPANY (or its designee) shall remove 13 said equipment from the premises at least by the earlier of 90 14 days after written notice or September 30, 1975, provided that 19 notice shall not be given prior to March 1, 1975, and then only 16 if CONSOLIDATED UTILITIES, LTD. has other use for the premises 17 where the equipment is now located. 18 if said equipment is not removed by CHICAGO PNEUMATIC 19 TOOL COMPANY by September 30, 1975, the title to said equipment 20 I shall vest in CONSOLIDATED UTILITIES, LTD., without warranty of 21 any kind, it is contemplated by the parties hereto that only a 22 portion of the equipment may be removed, and if this be the case 23 it is expressly agreed between the parties hereto that no claim 24 will be made by any party due to this partial removal of said 25 equipment by CHICAGO PNEUMATIC TOOL COMPANY, 26 CONSOLIDATED UTILITIES, LTD. and the CITY OF KENAI 27 consent and agree to the removal of all financing statements, or 20 security instruments, from the equipment as listed on Exhibit "B". 29 CHICAGO PNEUMATIC TOOL COMPANY hereby relinquishes any 30 rights it has against CONSOLIDATED UTILITIES, LTD. and the CITY 31 OF KENAI arising out of, or connected with, the sale and repair 32 ' of the equipment as set forth in Exhibits "A" and "B" and any hou5100 UTLL AMM,"4"ConaNM, 080098,r,ISDA1,YYr AVA09MIAA.M01 • Twrr", f fL1/t f I . I 1 rights that it may, have, or would have, under the assignment of 2 contract rights as set forth in Exhibit "C" attached hereto and 3 by this reference made a part hereof. 4 Upon the execution of this agreement by all parties 5 and upon the removal of all security Interests from the equipment 6 as set forth in Exhibit "S", CHICAGO PNEUMATIC TOOL COMPANY 7 releases CONSOLIDATED UTILITIES, LTD. of all obligations incurred 8 by CONSOLIDATED UTILITIES, LTD. to CHICAGO PNEUMATIC TOOL COMPANY 9 including, but not limited to, all notes, claims, known or 10 unknown, liquidated or unliquidated, that they now hold or have 11 against CONSOLIDATED UTILITIES, LTD. 12 The releases herein recited are the sole consideration 13 for this stipulation, and it is expressly understood and agreed • 14 that the execution of this stipulation by the parties shall not 1$ be construed in any way as an admission of any liability by the 16 parties to this stipulation, but rather is a compromise of 17 disputed and doubtful claims, and any liability of any party is 18 hereby expressly denied. 19 This stipulation shall not be binding upon any party 2D until the following conditions have been met: 21 1. The Federal Bankruptcy Judge has approved this 22 stipulation, and 23 2. The financing statements have been removed from 24 the equipment to be removed by CHICAGO PNEUMATIC TOOL COMPANY, 25 as set out in Exhibit "B". 26 All parties to this agreement agree to cooperate fully 21 In getting this agreement approved by the Federal Bankruptcy 20 Court. Upon the approval of this agreement by the Federal 29 Bankruptcy Judge, and upon the removal of all security interests 30 on the equipment to be removed by CHICAGO PNEUMATIC TOOL COMPANY. 31 the above subject action shall be dismissed, ex parte, with 32 prejudice, with all parties to bear their own costs and HOUSTON a LIM owm"I'll At A." i I/1 1/117M1//III11 -3- I . I lot VL I attorney's fees. - bi 2 -2 jjm4jfA (' W.—C—.AMIOLD 3 Dated: Attorney for CONSOLIDATED UTILITIES, LTD. 4 5 6 C. R. BALDWIN Dated: Attorney for CITY OF KENAI 7 HOUSTON & LYTLE 9 Attorneys for CHICAGO PNEUMATIC TOOL COMPANY 10 Dated: By 11 Richard F. Lytle 12 13 ORDER 14 15 IT IS SO ORDERED. 16 DATED at Anchorage, Alaska. this day of 17 1975. 18 19 superior Court Judge 20 21 22 23 24 25 26 27 28 29 30 31 32 ROOM a ME A"am"twe M LAW lot VL in.�� - .., •.....;......:.....x�c,;,;;,�--rte:.<__ .-._ - _-_.- -.-. _=i se'; 1=.. �__..:__. _._ r. --- -----,r--_�: �.:� - ----- -i(i� �i t� �- Y KENAI PLANNING F ZONING COMMISSION SPECIAL MEETING, MARCH 18, 1975 7:00 P.M., CITY MANAGER'S OFFICE. f� RON MALSTON, CHAIRMAN ITEM 1: ROLL CALL Members Present: 'Ron Malston, Jon Nelson, Nels Kjelstad, Betty Glick, Beverly Fillio, Harry Gaines Members Absent: Clifford Hous, Councilman Edward Ambarian (Ex -Officio Member) Also Present: Roland Lynn, Robert Borgen, Phil Aber, Howard ' Hackney, Mary Willets, George Navarre, William Kimes i P ITEM 2: APPROVAL OF MINUTES The minutes of the meeting of February 26, 1975 were approved unanimously. } ITEM 3: OLD BUSINESS a. Conservation Zone - Kenai River Bridgc Administration had advised Commission in a memorandum of March 11, 1975, of a particular area in the vicinity of the Kenai River Bridge that could possibly be established as a Conservation Zone for the protection of wildlife and barabaras. I� r, MOTION Jon Nelson moved that the Commission request the Kenai City Council to present a Resolution to the Borough that all of Section 16, TSN, R11W. SM and the South 1/2 of the_NW 1/14 of Section 15, TbN, R11W, SM be declared a Conservation Zone to be--eslabil&hed as a wildlife sanctuary and protective area for barabaras and at the same time request that the Borough zone the'North 1/2 of the SW 1/4 of Section.15, TSN, R11W, SM, also as a Conservation Zone. is Harry Gaines seconded -the motion. Motion passed unanimously by the Commission. i 16VAm,�,Ij*2III-iVV**1 a. Lease application - Kenai Natives Association, rnc.- The Kenai Natives Assn., Inc.have submitted a lease application for Block 2, Lot 1, General Aviation Apron for a 55 year period at an annual rental rate of $2,000. J F KENAI PLANNING ZONING COWU SSION MARCH 18, 1975 - PAGE 2 Mr. Kimes, Finance Director for KNA, advised the Commission that the use of the lot would be for aircraft tie -down with a long range plan of KNA going into the air- craft charter business. Commission advised Mr. Kimes that it felt they had no objection to the lease itself, however, a development plan would be required prior to granting a 55 year lease. There- fore, the following action was taken: MOTION Nels Kjelstad moved that the Commission recommend to the City Council for approval of lease of Block 2, Lot 1, General Aviation Apron, to the Kenai Natives Association, Inc. for a period of five (5) years. h Beverly Fillio seconded the motion. e Motion passed unanimously. i b. State Land Auction Mr. Roland Lynn advised the Commission that the State had contacted him regarding their plans to conduct a lease sale in the area of the Beaver Creek Subdivision (Beaver Loop and Spur Highway). Mr. Lynn stated that this lease Sale ==' would interfere with the development plan of the City water well project and would, therefor, cause a hardship in the j construction, etc. of this project. - Commission stated they felt the lots much too large for residential purposes and that the City should have been given the land in the first place from the State for City development. Also, on lots this size, etc. it was pointed i out by the Commission that financing for residences would be extremely difficult. The Commission acted on the State's request as follows: MOTION Nets Kjelstad moved the Commission recommend that the auction not be held for the following reasons: 1. The -easements for water and sewer lines would be - difficult if the present subdivision is utilized. --- 2. Lots in the present subdivision are in general too large for residences. i 3. As lots are to be leased, they are not compatible with financial a.A loan requirements for building purposes. 4. The proposed City water well location is at the intersection of Beaver Loop and Spur Highway and this auction would hamper development of the well. , I KFNAI PLANNING ZONING COMMISSION MARCH 18, 1975 - PACE 3 MOTION Jon Nelson seconded the motion. Motion passed unanimously. C. Public Hearing - Designation of Community Development Act Priority Projects Mr. Lynn advised the Commission that the City has applied for Community Development funds and the City is required to present in addition to the Grant Application a list of top priority projects for the City of Kenai as requested by the citizens of the community. As the p State has received an over -whelming number of appli- cations from communities in Alaska, it will be necessary to determine those projects of dire and urgent need. Funding will be limited to $50,000 per community. The following projects were determined to be essential to the community with the number one priority. G project being unanimously selected as that of improving the City water supply with a new water well and water transmission lines. At present, the City of Kenai has just one water well to supply the needs of the community. The priority projects are as follows: 1. New water well and water transmission lines. 2. Set up water and sewer assessment district in Thompson Park Subdivision. 3. Deep draft harbors. 4. Small boat harbor. 1; S. Airport improvements. 6. Street improvements. 7. Community Center. p 8. Dog Pound. Betty Glick moved that the Commission designate the development of a new water well and transmission lines as an auxiliary backup to the City's present well and that development of the new well be given number one priority on the project list. 7 i N (� t 1 r �I I • 11 Jon Nelson seconded the motion. Motion passed unanimously. C. Public Hearing - Designation of Community Development Act Priority Projects Mr. Lynn advised the Commission that the City has applied for Community Development funds and the City is required to present in addition to the Grant Application a list of top priority projects for the City of Kenai as requested by the citizens of the community. As the p State has received an over -whelming number of appli- cations from communities in Alaska, it will be necessary to determine those projects of dire and urgent need. Funding will be limited to $50,000 per community. The following projects were determined to be essential to the community with the number one priority. G project being unanimously selected as that of improving the City water supply with a new water well and water transmission lines. At present, the City of Kenai has just one water well to supply the needs of the community. The priority projects are as follows: 1. New water well and water transmission lines. 2. Set up water and sewer assessment district in Thompson Park Subdivision. 3. Deep draft harbors. 4. Small boat harbor. 1; S. Airport improvements. 6. Street improvements. 7. Community Center. p 8. Dog Pound. Betty Glick moved that the Commission designate the development of a new water well and transmission lines as an auxiliary backup to the City's present well and that development of the new well be given number one priority on the project list. 7 i N F____ -.-- _ : KENAI PLANNING f, ZONING COMMISSION MARCH 18, 1975 - PAGE 4 r1*< I.. - MOTION The motion was seconded by Nels Kjelstad. Motion passed unanimously. d. Howard Hackney - Trailer Ordinance Mr. Hackney advised the Commission that he had been contacted by a Mr. Jerry Eidem who had purchased two lots in Kaknu Korners Subdivision. At the time of the purchase of these two lots, Mr. Eidem was advised that a revision of the Trailer Ordinance was under consideration. Mr. Eidem proceeded with two hook-ups on each lot. He has now advised that he would like to move two trailers on each of the lots but was told that the new Ordinance was in effect and what he proposed to do was prohibited. Mr. Eidem felt that he had "Grandfather Rights" and would bring the matter to the attention of the Planning $ Zoning Commission. e. Robert Borgen - Expansion of gravel pit Mr. Robert Borgen, private contractor, requested per- mission from the Planning $ Zoning Commission for expansion of a gravel pit located in approximately the NE 1/4 of the NW 1/4 and the NE 1/4 of the NW 1/4 of the NW 1/9 of the NE 1/4 of Section 10. Mr. Borgen has purchased the property in question. The Commission advised him that this operation is permitted in accordance with "Conditional Use Permit" which also requires a public hearing. Jon Nelson moved that the Kenai Planning & Zoning Commission set a Public Hearing for April 23, 1975, regarding expansion of the gravel pit and at the time of the Public Hearing, the Commission will render a decision in the matter. The motion was seconded by Harry Gaines. Motion passed unanimously. The Commission requested that Mr. Borgen present a detailed development plan prior to the Hearing at their next Regular Meeting which will be April 9, 1975. ITEM S: ADJOURN There being no further business, the meeting adjourned at 10:15 P.M. -Al amu$. Peter, Secretary I _a letter was submitted. ! Ire MEMORANDUM TO: THE MAYOR AND THE CITY COUNT = FROM: Roland D. Lynn, City Manager - DATE: March 19, 1975 SUBJECT: Request for Audit Proposal Attached you will find a copy of the letter sen � ,yr • fifteen Certified Public Accountants requesting - ter; proposals to audit the records and transactions the City of Kenai for the fiscal year ended t June 30, 1975. ' 1—NIn addition to the letter, I have also attached -i list of the Certified Public Accountants to whe letter was submitted. March 18, 1975 k Gentlemen: - �" The City of Kenai desires to select an auditor for the purpose of examining the records and transactions of the City for the fiscal `o year ended June 30, 1975, in accordance with generally accepted �?` a auditing standards prescribed by the American Institute of Certified —: Public Accountants and in conformity with the generally accepted t principles of municipal accounting. The report of audit shall be --� transmitted to the City within ninety (90) days of the end of its fiscal year. The scope of the audit will include all transactions and areas of operation necessary to accomplish the report as included in the enclosed financial report of the City. In addition, the City is to receive a letter of comment outlining such matters as the auditor was not fully satisfied with, and identifying areas where improvement in financial operation or policy could be made. If your firm elects to submit an audit proposal, you are invited i•,� to review the books of record at the offices of the City of Kenai, located in the Kenai Municipal Airport Building, anytime between the hours of 8: 00 a.m. and 5:00 p.m. If you plan to visit our offices, eplease call in advance and an appointment can be arranged. If you do not elect to visit our offices, and are still interested in submitting � S an audit proposal, I can make arrangements to visit your offices. _ Your formal audit proposal must be received by this office on or before 2:00 p.m. April 4, 1975. Selection of auditor will be announced within twenty (20) days following the date prescribed for submission of the formal audit proposal. o--- A detailed price proposal will be in sufficient detail to indicate: the number of audit man days; the cost per man day; the total man day costs; travel costs; other costs, if any; and the total estimated cost for the entire program. I r.�II,tI I I III l`! r f . marl: pirm March 18, 1975 Page Two The proposal must list recent accounts audited by your organization in Alaska, the experience Of your company in auditing i municipal accounts, the names of the auditors to be assigned to this account and their specific background in municipal auditing, and such other data that would assist in the review of your firm. The proposals will be evaluated by the City Administration. The evaluation will include the review of the proposer's plans and i associated costs, and will determine which proposal, if accepted, ' would be in the best interests of the City. The final award will be j subject to approval by the City Council of the City of Kenai. The term of this contract pertains to the 1974-75 fiscal year, but this contract may be renewed for subsequent audits by mutual agreement in writing of the parties hereto, subject to approval in the same manner as this instrument. The City may accept within the time specified herein any proposal, whether- or not there are neootiations subsegr_r(rnt to its receipt. Any subsequent negr►tiation shall not con-:titirtn a rejection or counter offer on the part of the City. The City reserves the right to reject any or all proposals and ' to waive informalities and minor irregularities in the proposals j received. it is contemplated that an agreement will be awarded to `. ....- that responsible offerer whose proposal will be most advantageous to the City. The right is reserved to accept other than the lowest proposal. This is not a bid, and it is riot subject to bid regulations. Award may be made by acceptance of the most favorable proposal received without further negotiation. Initial proposals submitted in response to this solicitation should therefore be set forth in the most favorable terms that the offerer is willing to agree. An acceptance of proposal mailed to the su.:LeSoful offerer within the time for acceptance, and upon the terms specified in the proposal, shall be deemed to result in a binding agreement without further action by either party. i r r 1. J 7 _—_ _ ...... •– .:a t� k.iJLJ._!,IJ. !I!N.::3':Ls` 31 .-:'."..:..:Y. :..-�.. a. _���..... _ .___ _____..___ � � I i S'.1.,111: 1714 In !March 12, 1975 P,jr1e Three Payment to the successful firm vrill be mdde up, -in receipt of monthly invoices, less a ten percent f10.) retainage with final payment to be rendered upon receipt of the reports and a final invoic^ for such services. The auditor, in being awarded this engactemnnt, is to be fully aware that the City of Kenai has no obligation to engige the auditor for future work to implement any of the rerommended changes in procedures arid policies revealed during the course of the audit. In addition, there is no obligation on the part of the City of Kenai to consider the firm for any other manaqemc•nt or feasibility studies designed to improve the accounting, ornanizatlonal or administrative procedures of the City. Very truly /ours, John F. O'Connor Finance Uirertor JFa: jh Enclosure a r L-2 AIN)RESS LIS"r CERTIFIED PUBLIC ACCOUNTANTS Bigler, Hawkins E Obendorf Thomas, Head & Greisen Certified Public Accountants Certified Public Accountants 1503 West 31 st Avenue 717 "K" Street Anchorage, Alaska Anchorage, Alaska Brudie 9 Froula Arthur Young E Company Certified Public Accountants Certified Public Accountants 726 "K" Street 730 "1" Street Anchorage, Alaska Anchorage, Alaska Ernst E Ernst Jay A. Burnett Certified Public Accountants Certified Public Accountant 1016 West Sixth Avenue 429 "D" Strc!rt Anchorage, Alaska Anchorage, Alaska Johnson 6 Morgan Virginia K. Cutshall Certified Public Accountants Certified Public Accountant 419 Barrow Street 2932 "C" Strr:et Anchorage, Alaska Anchorage. Al. -*a Donald E. Cole James A. Arness Certified Public Accountant Certified Public Accountant 903 West Northern Lights Boulevard P. 0. Box 1059 Anchorage, Alaska Kenai, Alaska 99611 Coopers E Lybrand Arthur C. Evans Certified Public Accountants Certified Public Accountant 2207 Spenard Road P. 0. Box 3252. = Anchorage, Alaska Kenai, Alaska 99611 Main, LaFrentz 6 Company Marvin G. Riley Certified Public Accountants Certified Public Accountant = 509 West Third Avenue P. 0. Box 617 Anchorage, Alaska Kenai, Alaska 99611 a Peat, Marwick, Mitchell & Company = Certified Public Accountants 736 "G" Street Anchorage, Alaska is =. 4 A (A raft, ez r- . MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor $ City Council Roland D. Lynn, City Manager March 18, 1975 SALES TAX APPLICATION BY HOMER ELECTRIC Approximately three weeks ago, Councilman Ambarian suggested that I check Homer Electric Association to determine whether or not they were properly applying the 4% sales tax to customers living with- in the Kenai City limits. A review showed that 33 of the HBA members located within the City limits of Kenai were being charged only 3% sales tax rather than the 4%. The reason for this is that the line serving those 33 customers was part of the HEA system prior to their acquisition of the Kenai City Lights system. Their records have been corrected and they will reimburse the City the average tax loss of $3.43 per year per customer since September 1971. I appreciate the help of Council members in pointing out problem areas. RDL:sp � o an . ynn, Cit anager �IMII II 1 I 1, i On Thursday, March 13, 1975, Chief Shirnberg and I met with Mr. Harrison, Manager of the ISO t: '^ State Office; Mr. Simms, Supervisor of Public Pro- tection and Mssrs. Barr and Wallace, Inspectors in ISO's San Francisco office. The purpose of the trip was to discuss in detail the reasons for 9 deficiency points being charged to certain aspects of our fire protection system. By the conclusion of the meetings both Chief Shirnberg and I, as well as Insurance Services Office, were satisfied trr that Kenai will retain the Class 5 Rating. In order to accomplish this, Kenai can have no more than 2,500 deficiency points charged against our fire protection system. The August 1974 grading resulted in 3,093 deficiency points. To reduce the number of deficiency points to the allowable 2,500 point maximum, I intend to do the following: Water System 1. Install the standby generator at either Well No. 1 or No. 2. This will be included °- in the new well project. Deficiency point =_ reduction will be 41. i 2. Complete repairs at the water storage reservoir. This work will be completed before the September 1975 re -inspection and remove 498 deficiency points. ...continued 46 '�a;F:; :::• `'' MEMORANDUM TO: Mayor $ City Council �� = FROM: Roland D. Lynn, City Manager �, ,•��;•'`��� DATE: March 17, 1975 - SUBJECT: MEETING WITH INSURANCE SERVICES OFFICE PERSONNEL i On Thursday, March 13, 1975, Chief Shirnberg and I met with Mr. Harrison, Manager of the ISO t: '^ State Office; Mr. Simms, Supervisor of Public Pro- tection and Mssrs. Barr and Wallace, Inspectors in ISO's San Francisco office. The purpose of the trip was to discuss in detail the reasons for 9 deficiency points being charged to certain aspects of our fire protection system. By the conclusion of the meetings both Chief Shirnberg and I, as well as Insurance Services Office, were satisfied trr that Kenai will retain the Class 5 Rating. In order to accomplish this, Kenai can have no more than 2,500 deficiency points charged against our fire protection system. The August 1974 grading resulted in 3,093 deficiency points. To reduce the number of deficiency points to the allowable 2,500 point maximum, I intend to do the following: Water System 1. Install the standby generator at either Well No. 1 or No. 2. This will be included °- in the new well project. Deficiency point =_ reduction will be 41. i 2. Complete repairs at the water storage reservoir. This work will be completed before the September 1975 re -inspection and remove 498 deficiency points. ...continued MEETING WITH INSURANCE SERVICES OFFICE PERSONNEL - 2 - March 17, 1975 • Fire Department 1. Establish Automatic and Mutual Aid Agreements with North Kenai and Soldotna. Having these agreements will enable Kenai to deduct 158 deficiency points because of the credit we would receive for manpower and equipment of other departments. This will require Council approval in the near future. 2. Strengthen the Auxiliary Fire Service. This will result in a savings of approximately 60 deficiency points. Council approval of certain budgeted items will be required to equip the Auxiliaries. If the above steps and work are completed, the City will eliminate approximately 757 deficiency points out of the 3,093 charged. This would give the community 2,336 deficiency points and assure us of a Class S Rating. Although a reliable estimate is not available at this time, the cost to accomplish the above steps will be relatively inexpensive. r'7/ koan'd L nn City ana er Y , Y $ IL I MINUTES SPECIAL MEETING KE`AI CITY COUNCIL MARCH 6, 1975 3:00 P.M. s CITY MANAGER'S OFFICE t � ROLL CALL: Members present - Edward Ambarian *, James -Doyle, Richard Morgan, Oscar Thomas, A. L. Hudson and Mayor James Elson. In late. Members absent - If. J. Steiner • It was moved by Thomas and seconded by Morgan that Council finds an emergency exists due to the recent rash of burglaries and subsequent loss of property by local merchants and therefore find need for an emergency session. The motion carried unanimously by roll call vote. Mayor Elson asked Chief Pegram to recap the events of the past few days. Chief Pegram stated two weeks ago Food Town was burglarized and about $2,000 in cash was taken. Sunday night N.C. Auto was broken into and approximately $2,000 in property was taken. Wednesday Food Town was hit again with $1004200 in booze taken.-. Fred Brawn's lost $2,000 in equipment. Ron Malston lost approx- imately $100 and Marvene's broken into with loss unknown. Last night N.C. Appliance was broken into and approximately $5,000 in property was stolen. Ron Malston stated that this is obviously a serious problem. Besides losing property and money it is inconvenient and expensive Tood Town's power was turned off and they lost some meat. The doors have to be replaced and other items damaged have to be repaired. The Manager of N.C. stated one man and one squad car at nights isn't enough protection. Ile stated the burglars ripped off a double door from its hinges and the door in the stock room and made a hole through the stock room to get to the floor stock. They must have been there a good hour. i *Ambarian in now. j Harry Gaines stated surely money can be found to get, more men and equipment. Councilman Hudson asked from comments from the Police Chief. Chief Pegram stated if we place more men on the force the response time is cut down. Now we are lucky if we have one car running. He has personally used his own car for three or four weeks and has used the City Manager's car. He stated we havo the lowest i ratio of officers per capita of any city in the State. l i lI—I [1. 1.1 .II No !JL616. us. I. JJ _ .I. ��.A L. I...1,I I 1 J.J. LAJI 11,. 1. ROLL CALL: Members present - Edward Ambarian *, James -Doyle, Richard Morgan, Oscar Thomas, A. L. Hudson and Mayor James Elson. In late. Members absent - If. J. Steiner • It was moved by Thomas and seconded by Morgan that Council finds an emergency exists due to the recent rash of burglaries and subsequent loss of property by local merchants and therefore find need for an emergency session. The motion carried unanimously by roll call vote. Mayor Elson asked Chief Pegram to recap the events of the past few days. Chief Pegram stated two weeks ago Food Town was burglarized and about $2,000 in cash was taken. Sunday night N.C. Auto was broken into and approximately $2,000 in property was taken. Wednesday Food Town was hit again with $1004200 in booze taken.-. Fred Brawn's lost $2,000 in equipment. Ron Malston lost approx- imately $100 and Marvene's broken into with loss unknown. Last night N.C. Appliance was broken into and approximately $5,000 in property was stolen. Ron Malston stated that this is obviously a serious problem. Besides losing property and money it is inconvenient and expensive Tood Town's power was turned off and they lost some meat. The doors have to be replaced and other items damaged have to be repaired. The Manager of N.C. stated one man and one squad car at nights isn't enough protection. Ile stated the burglars ripped off a double door from its hinges and the door in the stock room and made a hole through the stock room to get to the floor stock. They must have been there a good hour. i *Ambarian in now. j Harry Gaines stated surely money can be found to get, more men and equipment. Councilman Hudson asked from comments from the Police Chief. Chief Pegram stated if we place more men on the force the response time is cut down. Now we are lucky if we have one car running. He has personally used his own car for three or four weeks and has used the City Manager's car. He stated we havo the lowest i ratio of officers per capita of any city in the State. l i A �l -� MxNti!►.�, �,�i� ti NC1G sPi; IiiTING,�Ml1RCii 6, 1975 Page two • Mayor Elson stated he spoke with the Shop Foreman and he said the other black and white will be on the road soon. Councilman Hudson asked when would the two new cars arrive. Chief Pegram r stated there is a 1.20 delivery date and they were ordered about _ r a month ago. Chief Pegram stated the Police Dept. has had only one turnover in one and a half years. There is alot of overtime put -in without " compensation. The crime rate in the past two or three years is about the same but the arrest rate has increased 45%. The Chief put in a requisition late last year for fingerprinting equipment and was told to hold off until the new Finance Director was here. .- It has not been ordered and could -be utilized now. . Mayor Elson stated he felt we should establish expenditure priority and repair the police car and during the crisis comped - sate for overtime and move one slot from the Fire Dept. Ile have a fixed revenue to work with. Councilman Hudson asked if there was a private security business in town. Chief'Pegram stated there is one with one man and one car who went into business about a month ago. Councilman Hudson was called out of the meeting at this time. Councilman Morgan asked how many men it would take to guarantee two men on duty at all times. Chief Pegram stated it would take r ten men including himself. After some discussion, Morgan moved the City Administration be directed to guarantee that at least two men in addition to the Chief and two vehicles be on duty at all times in the City of Kenai. The motion died for lack of a second. Councilman Doyle asked the Chief to come up with a recommendation and some figures and come back tomorrow and we can has it over k again. - Mayor Elson stated it is difficult to take any action today. if _ we appropriate money it takes on ordinance. We need to know the - dollar amount and type of operation and where the money will } i come from. ' a After more discussion, Thomas moved and Morgan seconded the Council appropriate $3,000 from contingency and turn over to the Police Chief to use at his discretion for a thirty day period to combat the recent rash of burglaries. Morgan moved to amend the motion to read $6,000. The motion died for lack of a second. After further discussion, Thomas, with consent of second (Morgan) withdrew his motion. Chief Pegram will. come back with his recommendation. Mayor Elson recessed the meeting at 4:10 P.M. until Friday, March 7th at noon in the City Manager's Office. ti • R I` • � n•i i r } r I f A �l '- MINUTES, KENAI CITY COUNCIL SPECIAL MEETING, NIARCII 6, 1975 MINUTES SPECIAL MEETING KENAI CITY COUNCIL ' MARCH 6, 1975 RECONVENED MARCH 7, 1975 12:00 NOON CITY MANAGER'S OFFICE Page three Mayor Elson reconvened the meeting at 12:00 Noon in the City ` Manager's office. ROLL CALL: Members present - Edward Ambarian, James Doyle, Richard Morgan, Oscar Thomas and Mayor James Elson. Members absent - H. J. Steiner and A. L. Hudson Mayor Elson asked Chief Pegram for his recommendation. Chief Pegram reviewed the vehicle situation. The new car has 31,000 miles on it. Another car. has 93,000 and has a rebuilt engine and transmission. The last one has 104,000 and needs a major overhaul. If the present block can be rebuilt, it would cost around $500 and if it needs a short block it will cost $1,500. As for the manpower, if we had two officers per shift and could be on board April 1st, the cost from April 1 to June 30 would be $14,672 for salaries, fringe benefits, uniforms, weapons, reward money and mileage for private vehicles. Mayor Elson asked for comments. Councilman Ambarian asked the status of the police reserve. Chief Pegram stated they are trying to re -organize the reserve. They had run into problems of legality and is not straightened - out. Councilman Thomas asked if a full compliment of ten men is realistic for the next fiscal year. Chief Pegram stated he will put in for ten men and one full time investigator. Councilman Doyle stated he understands•there is a fireman who is a qualified policeman. Chief Pegram stated he has not been contacted as yet. Ile doesn't know if he wants to move over. Mayor Elson asked the City Manager if he has a recommendation. Mr. Lynn stated he has not had a chance to speak with the Chief or the Finance Director and feels Council should look at the total budget before taking any permanent action. After some discussion, Doyle moved and Ambarian seconded to authorize up to $1,000 for special services for the Police Department. The motion carried unanimously by roll call vote. M MINUTES, KENAI CITY COUNCIL:SPECIAL MEE-TING, MARCH 6, 1975 Page four Reconvened March 7, 1975 Councilman Doyle felt Administration should solicit applications for policeman for July 1. The Mayor asked if there were any and there were none. Councilman Morgan felt if the Chief did find a well qualified person before then he should come to Council. Harry Gaines asked what additional police protection will this bring now. - Mayor Elson stated the City Manager will speak with the Police Chief and the Fire Chief to see about moving one fireman over into the Police Department. Councilman Doyle asked how this will affect the fire rating. Chief Shirnberg stated it wouldn't affect the fire rating as a dispatcher will be hired as replacement which will make the fireman available for fires or ambulance runs. Dick Stotler stated he's not sure there is anything magical about July 1si. He feels the City should bring the department up to staff and get the thing on the road. Councilman 'Phomas stated there is a logical reason to look at ` July 1. We -haven't -had a current budget report for some time. There should be no massive increase until we know what we have to work with. 07 -•• After further discussion, Morgan moved to direct the City Attorney to write an ordinance authorizing two more positions on the Police Department. The motion died for lack of a"second. i MEETING ADJOURNED 12:46 P.M. Respectfully submitted, Sharon Loosii, City Clerk t I I L I I '.I I III I it 6 genai Community 2d ta.z y, Sind. f A PUBLIC LIBRARY IN SERVICE SINCE 1949 BOX 157 KENAI. ALASKA 99611 REPORT FOR THE MONTH OF FEBRUARY, 1975 Circulation Adult Juvenile Easy Books Fiction 836 107 443 Non -Fiction 750 24 63 Total Book Circulation for Month 2223 Films, Phonodiscs, Pamphlets, Periodicals 62 Total Circulation for Month 2285 ; Additions Gifts 29 Purchases 63 Total Additions for Month 92 Remedial and Reworked Books 128 Interlibrary Loans Ordered 50 Received 56 Volunteers Number 11 Total Hours 177 Income Fines and Sale Books $115.78 Lost or Damaged Books 28.00 Donations for Books ------ Total Income for Month $143.78 I 1 0 INLo low 111E) TACTIC}N7 ,,YOUR MUNICIPAUTY HAS A BRANCH OFFICE IN THE CAPITA!" LEGISLATIVE BUT4LETr,.1 _0 8 --arch 17, 1975 I' NDEX (Refer to previous Bulletins for bills not listed in this index) Bulletin Reference committee Abbreviations 1 General Comments j_,V Legislative Committees 1-2 Legislative Telephone Listings 1 JjOUS2 BILLS HB 3 Land Dedication 1-2-3-4-5-6-7-9 HB 26 Regional Electric Authorities 1-2-3-4-5-6-7-8 IIB 29 School Oil Tax 1-2-3-6-7-8 SS-RB64 Retirement Program 2-3-4-5-6-7-8 SSHB65 Pror)erty assessment 2-3-4-5-7-8 118 67 P S r P 2-3-4-5-6-7-8 HB 72 Municipal Bond Bank Authority 2-3-4-5-6-7-8 11B 73 Bond Authority Appropriation 2-3-4-6-7-8 HB 85 Property Tax Exemption 2-3-4-5-6-7-3 1IB171 Water Resources Loan Fund 5-6-7-8 n3199 Election Polls 6-7-8 HB204 Election Polls 6-7-8 13205 Waste Disposal Aid 6-7-8 119207 Voter Registration 6-7-8 HB217 Campaign Disclosure 6-7-3 EB218 Durational Residency Requirements 6-7-8 HB215 Registration Officials 6-7-8 H8222 Prostitution 6-7-8 111223 Run-off Elections 6-7-8 IIB227 Senior Citiien Exemptions 6-7-9 HB228 Planning and Zoning 6-7-8 M3230 Parking Violations 6-7-8 118233 Voter Registration 6-7-8 HB243 Public Utility Rates 7-8 HB246 Liquor License Regulation 7-9 HB259 Municinal Audit 7-8 HB265 Legal ;Issistance Program 7-8 HB265 T,egal Assistance Appropriation 7-8 HB267 Natural Disaster Relief 7-8 HB268 Natural Disaster Appropriation 7-8 HS272 Tax Payment Rebate 7-8 HB275 Underground Utility Damage 8 HB277 In -lieu Tax Payments A HB293 Borough Appropriations 8 HB297 Oil and Gas Taxes 8 HB301 CF TA 0 SEII ATE EMS fIc-b-S-1-31 anbudsman 4-5-6-7-8 SB 40 Fire Protection Aidm ima 1-2-3-4-5-6-7-3 t HCSSB53 Bond Requirements 6'7`8 - 3-4-5-8 SBlll Supplemental organizational grant SB120 Day Care Facilities 3-4-5-6-7-8 SB121 Day Care Appropriation 3-4-5-6-7-8 = S8125 Ordinance Compliance 3-4-5-5`7-8 SB127 :Municipal Special Assessments 3-4-5-6-7-3 z SB135 School District Rmployecs 6-7-8 = SB175 Coastal Zone 'Management 5-6-7-8 SR205 Judicial Service Payments 6-7-8 SB206 "oter gcgistration Transfer 6-7-8 SB207 Run-off Flections 6-7=8 SB208 Registration Officials 6-7-8 53209 nurational Residency Requirement 6-7-8 SB218 Tax Payment Rebate 7-8 - SB227 agricultural Land Disposition 7-8 SU229 property Tax Exemption 7-8 SB237 Election Polls 7-8 SB238 `Municipal Audit 7-8 SS242 Coastal Zone ?Management 7-8 SB255 Run-off Elections 8 S8257 Fort Actions 8 SB260 State Revenue Sharing 8 53264 Natural Disaster Relief 8 S8265 Natural Disaster Relief 8 SB270 TMunicipal Election Date 8 S3271 Public Utility Tax 8 SB278 Temporary State Assistance 8 HOUSE BILLS "`do HB 3 Land Dedication - This bill has received a pass"' recommendation from the Finance Committee and has been referred to the Rules Committee. HA 26 'tegional Electric Authorities- This bill passed the House, 35-0, 3/13/75, and has boon referred to the Senate ` CRA and Finance Committees. HB 29 School Oil Tax - Has received no further action in the Resources Committee. SSHB64 RetirementProgram - Has receiver' no further action in the SA Cowaitt3e. '15SaB65 Prape::ty Assessment - Has received no further action in the C!A Committee. i HB 67 P S F P - Has received no further action in the Senate HESS Committee. a -- =+ HB 72 Municipal Bond Bank Authority - Has received no further action in the Finance Committee. HS 73 Bond Au+:hori4 Appropriation - Has ncceived no further action in the Finance Committee. ° HB 85 Property Tax Exnmption - Has received no further action i i ! jt f r' S tl i i4 _i 1 , Page 1 AIB171 [later Resources Loan Fund - Pablic hearings will be hold on this bill by the Judiciary Committoo on 'larch 19. HB199 Election Polls - Has received no further action in the State Affairs Committee. HB204 r5lection Polls - .11as received no further action in the State Affairs Committee. I-IB205 Waste, Disposal Aid - Has recoivad no further action in the CRA Committee. HB207 Voter Registration - Has received no further action in the SA Committee. HB117 Campaign Disclosure - Has received no further action in the SA Committee. HB218 Durational Residency R.--cluiroments - Has received no further action in the CRA Committee. IIB219 Registration Officials - Has received no further action in the State Affairs Committee. HB222 Prostitution - Has received no further action in the Commerce Committee. HB223 Run-off Elections - Has received no further action in the CRA Committed. HB227 Sonior Citizen Exemptions - Has received no further action in the Finance Committee. 1ID228 Planning and Zoning - Has received no further action in the CRA Committee. RE230 Parking Violations - Has received no further action in the State Affairs Committea. MB233 Voter Rogistration, Transfer -Has received no further action in the State Affairs Committee. IIS243 Public Utility Rates - Testimony was hoard on this bill in the Commerce Committee last week but no further action was taken. HB146 Liquor License Rogulation, - Has received no further action in the CRA Committee. HB259 Municinal Audit - This bill has received a "do pass" rozommendation from tho CRA Committee and has been rofevrod Lo the Rules Committee. HS265 ljorral INssistance Program - Has rocoivcd no further action in Lf.e,, Juk-.1iciary Committee. 138266 Lcgas Appropriation - I!as received no further a-cticn ii, :hu J!.diciary Comraittec. M 4110 I11i 11 ■ ____ .ai .-.__-_. - __ -. .- _ Page 2 HB267 Natural Disaster Roliaf - Has r.�eeivnd no further action 1 in the State ;affairs Corimittee. r HB268 'latural Disaster Apprcnriation - Has received no further � action in the State Affairs Committee. HB272 Tax Payment Rebate - Has received no further action in the CRA Committee. HB275 Underground Utility Damage - Introduced by Fischer, this bill establishes liabilities, penalties and responsibilities for damage to underground utilities. The bill has been referred to the Judiciary Committee. HB277 In -lieu Tax Payments - Introduced. by the SA Committee, this bill provides that certain classes of state property are subject to local property taxes. The property is taxable in th.-, same manner as other property except that, during the calondar years 1975-1930, the rate of tax would otherwise be levied. The hill has b6on referred to the SA and Finance Committees. HB293 Borough Appropriations - Introducod by ?Ialone, this bill provides that the assembly may by ordinance appropriate from area wide taxes or revenues to finance all or part of the special sarvica of a sery ice area. The assembly may also make grants from areawide revenues to cities and sorvice areas within the borough for a function the cities or service areas arc authorii-,�d to perform. The }gill has been referred to the CRA Committee. Hn197 Oil and Gas Taxes - Introduced by Cowper and 18 others, this bill provides for a 20 mill levy on oil and gas reserves whenever the general fund cash balance is less than $200 million. 2n of the taxes collected %erc to be depositad into the Alaska 'iative Fund. The bill has boon referred to the Resources Committee. HB301 C E T A - Introduced by the Rules Committee at the rea_uest of the governor, this bill provides that the Governor"or a state agency dosignatod by him shall participate as the -prime sponsor in the Comprehensive Employment and Training Act of 1973. The bill establishes the Alaska Manpower Services Council. The hill has been referred to the L and !•i and Finance Committees. - SRNATE BILLS HCSSBI Ombudsman - The House Finance Committee substitute bill passed the IIouse, 22-16, 3/11/75 and again on reconsider- ation, 24-14, 3/12/75. As passed, municinalitie;s are not subject to the provisions of the bill-. It will now go to a free:. conference committee. SB 40 Fire Protection .Aid - This bill passed the Senate, 20-0, 3/10/75 at ~7.50 per capita. Tho bill has been referred to the House CRA and Pinance Committees. i r - , -qww t „,�.,, r.Uwc:`.. -..� -- •' .. .. ..-._'-,. :. -_. •� ---._-. _--- --�-r'.- _.---.,.. _.. >a ■:p111l lE+lll.., !LI J. _L'I ��II � - I I ._• - - .... """_”"-_ _- Y Page 3 HOSSB53 Bond Roquiremcnts -• This bill is still in the' free conference committee. still Supplomental Organizational Grants - A substitute bill has received a "do Pass" recommendation from the Finance Committee. The substitute bill, raising the grant to $71,600, has been referred to tho Rules Committee. SS120 Day Care Facilities - Has received no further action in the House CRM Committee. 53121 Day Care Appropriation - Has received no further action in the House CRA Committee:. SB125 Ordinance Compliance - Has received no further action in the House CRA Committee. SB127 4unicipal Special Assessments - Testimony was presented on this bill to the itous•w CRS, Committee last meek and con- siderable redrafting is going to have to be done on the bill before any further action is taken. SB135 School District Employees -- Has received no further action in the HESS Committee. SB175 Coastal Zone Management - The Resources Committee has started holding hearings throughout the state on this bill. SB205 Judicial Service Payments - Has received no further action in the Finance Committee:. SB206 Voter Registration Transfer - Has received no further action in the State Affairs Committee. SB207 Run-off Elections - This bill has received a "do pass" recommendation from the CRA Committee and has been referred to the Reids Committee. SS203 Registration Officials - Has received no further action in the State Affairs Committoo. SB209 Durational Rosidoncy Requirement - This bill passed the Senate, 16-4, 3/10/75, and has boon roferred to the House CXN Committee. SB218 Tax Payment Rebate - Has received no further action in the CTIA Committee. SB227 Agricultural Land Disposition - Has received no further action in the CRR Committee. SB229 Property Tax Exemption - Has received no further action in the CRA Committee. SB237 Eloction Polls - Has received no further action in the State Affairs Committee. 1 F i 4 a .aa i IYf W 11lil bi nil Page 4 SB238 'lunicinal Audit - Has received no further action inthe - CIL1 committee. SB242 Coastal Zone PlanagQmont - Seo remarks on SB175 this bulletin. SB255 Run-off Elections - Introduced by 14iller, this bill that if no candidate for mayor receives in excess of �-0% of the votes cast, a run-off oloction would be 'gold within two weeks of certification of election. The assem- bly or council may, by ordinance, apply the same requira- ments for the election of other officials. The bill has been referred to the CRA Committee. SB257 Tort Actions - Introuduced by Ziegler, this bill provides that no action may be maintained against an employee of a fira department operated and maintained by an organized borough, city or other public corporation or agains•. an organizel borough, city or other public corporation if the claim is an action for tort and is based upon an act or omission of the employee of the fire department, exercising due care, inthe execution of a statute , regulation or ordinance, whether or not the statute, regulation or ordinance is validt or is an action for tort, and based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the employee, whether or not the discretion involved is abused. The bill has been referred to tho Judiciary Committee. r SB260 State Revenue Sharing - IntroduccO. by the CRA Committee, is another approach to changing the present shared revenue formula. The formula in this bill is still eased on municipal services. There are provisions for a minimum grant based on population. Each municipal service is assigned a certain number of units and supplemental pay- ments are based on the number of units for each service multiplied by the population. Inducements to commence offering new services are offered by increasing the number of untis for new services. Twenty five percent of the revenues derived from oil and gas properties are to be deposited into the State Revenue Sharing Fund in the nept. of Revenue. If the fund drops to less than y30 million, the Logislature is to appropriate the balance. The bill has been referred to the CRA and Finance Ccaunittecs. SB264 Natural Oisaster Relief- As originally introudced by the S.:1 Committee, this bill authorized the Department of Administration to expend ."x1,2,12,590.00 to cover shortfalls in revenue for communities in the area declared a natural disaster in 0ovember. The Finance Committee has already given a "do pass" recommendation to a substitute bill authorizing the rept of 'Military Affairs to expend 11330,W)M O. Thr, substitute bill has been referred to the Rulas Committee. I Page 5 • SB265 ',Tatural Disastc-.r Relief As originally introduced by the s.j, committee, this hill appropriated A1,212,539.00 earmarked for 'Tomo, Tcllcr, Unala!-leot, utility departments and school districts. The Finance Committee: has already given a "do pass" recommendation to a substitute: bill decreasing the amount to $380,000.On and specifying that it be spent to buy a gonorator for the "Tomo school district. The substitute bill has been r.-iforrod to the Tzules Co nm. S13270 *1unicipai Flection Date - Introduced by Rodev and five others, this bill provides that the date of regular municipal cl,-ctions is the first Tuesday in lay annually or on a date of election or at an interval of years provided by ordinance. The bill has boon referred to the CX% Committee. SB271 Public Utility Tax. - Introduced by Rodey, Willis and Collutta, this bill levies a state tax of 3'% on the gross revenues of all public utilities oxc,2pt solid wastes and garbage disposal utilities. Tho revenues collected are to be refunded to the municipalities where the revenue is earned. a municipality opsrating municipal utilities may not make contri!3utions to its general fund or other municipal nonutility funds until it 'las first made payments in lieu of taxes to all municipalities served by its municipal utilities in an amount equal to the payments which would have been paid by the state to the municipalities under this chapter if tha municipal utilities were privately owned.I- municipality may, , rather than obtaining revenue- sharing payments under this chapter, continue to levy real and personal property, excise tay.,is and other munic- ipal taxes authorized by law for utilities. If a mun- icipality elects to continue to levy taxeson regulated public utilities, the gross rovonuo­tax imposed by this chanter does not apply to gross revenue r-arnod by such a utility within that municipality. SB278 Temporary State Assistanco - Introduced by the Finance Committee, this bill authorizes tho nonartment of CR,% to provida financial assistance to the Eagle Rivur-Chugiak Borough to proceed with the organization, planning and preparation to assume the powers of a 2nd class borough. The bill has received a "do pass" recommendation from the Finance Committee and has boon referred to the Rules Comm. GENBRAL C0194RNTS It is imperative that you sena us your comments on the following bills immediately; 11B 171 11ator r(osources Loan Fund HO 2 .'3 Public Utility Rates 11B 277 In --lieu Tax Payments SB 118 Borough -School districts SB 175 Coastal lone 71.1anagam, - , -,nt 8B 242 Coastal ",one Managornont, SS 260 State Revenue: Sharing SB 271 Public Utility Tax %fiction on several of these bills is imminent and we ur- gnotly need your input for our testimony. I I ell) 301D -UPIJISLATIVE ACTION EAU "YOUR MUNICIPALITY HAS A BRANCH OFFICE IN THE CAPITAL" LEGISLATIVE BULLETIJ #7 March 10, 1975 INDEX (Refer to previous Bulletins for bills not listed in this index) Bulletin Reference Committee Abbreviations 1 General CommentsI Legislative Committees 1-2 Leg'slative Telephone Listings 1 HOU.;-F, BILLS HB 26 Regional Electric Authorities 1-2-3-5-6-7 RB 29 School Oil Tax 1-2-3-6-7 RB 45 ombudsman 7 SSYIB(;4 Retirement Program 2-3-4-5-6-7 SSHB65 Property Assessment 2-3-4-6-7 HE 67 P S r P 3-3 4-5-6-7 HB 72 Municipal Bond Bank Authority 2-3-4-5-6-7 EB 73 Bowl Authority Appropriation 2-3-4-6-7 HS 85 Property Tax Exemption 2-3-4-5-6-7 HB100 organizational Grants 2-3-4-5-6-7 HB168 Property Tax Reimbursement 5-6-7 HB169 Land and Water rise Planning 5-6-7 HB170 Judicial Service Payments 5-6-7 ".171 Water Resources Loan Fund 5-6-7 HB172 Ordinance Compliance 5-6-7 HB173 Juneau Indemnification 5-6-7 HB3.92 Utility Rates 5-6-7 IM196 Oil Property Tax 5-6-7 HB199 Election Polls 6-7 H8204 Election Polls 6-7 RB205 Waste Disposal Aid 6-7 HB207 Voter Registration 6-7 HB217 Campaign Disclosure 6-7 HB21A Durational Residency Requirements 6-7 HB222 Prostitution 6-7 HB223 Run-off Elections 6-7 HB227 Senior Citizen Exemption 6-7 HB229 Planning and goning 6-7 HB230 Parking Violations 6-7 H8233 voter Registration Transfer 6-7 HB243 Public Utility Rates 7 IIH246 Liquor License Regulation 7 PB259 Municipal Audit 7 HE265 Legal Assistance Program 7 HB265 Legal Assisstance Appropriation 7 HB267 Natural Dicaster Relief 7 3 HB268 Natural Disaster Appropriation 7 HB272 Tax Payment Rebate 7 � SENATE BILLS CSSB1 ombudsman 4-5-6-7 SB 40 Fire Protection Aid 1-2-3-4-5-7 BCSSB53 Bond Requirement 6-7 SB120 Day Care Facilities 3-14-5-6-7 SD121 Day Care Appropriation 3-4-5-6-7 SB125 Ordinance Compliance 3-/4-5-6-7 SB127 'Municipal Special Assessments 3-4-5-6-7 SB135 School District Employees 6-7 SB175 Coastal Zone Nanagement 5-6-7 SB185 hater ?resources Loan Fund 5-6=7 SB186 Oil Property Tax 5-6-7 SB197 Retirement Program 5-6-7 SB205 Judicial Service Payments 6-7 S8206 Voter Registration Transfer 6-7 SB207 Pun -off Elections 6-7 S8208 Registration officials 6-7 S8209 Durational residency Requirements 6-7 SB218 Tax Payment Rebate 7 58227 Agricultural Land nisposition 7 SB229 Property Tax Exemption 7 SB237 Election Polls 7 SB238 Municipal Audit 7 SB242 Coastal Zone management 7 HOUSE BILLS HB 26 regional FFlectric Authorities - This !gill has received a "do pass" recommendation from the Finance Committee.and has been referred to the Rulos Committee. HB 29 School Oil Tax - Has received no'further action in the Re- sources Committee. HB 145 Ombudsman - We have not reported this bill before because it was our understanding that the bill was to be combined with SB 1. ;however, the Finance Committee has recommended its own Committee substitute and the hill has been referred to the Rules Committee. SSHB64 Retirement Program - Has received no further action in the SA Committee. SSH865 Property Assossment - Has received no further action in the CRA Committee. HB 67 P S F P - Has received no further action in the Senate HESS Committee. HB 72 municipal Bone? Hank Authority - Has received no further action.. in the Finance Committee. 0 r r f } �} 13 Page 1 HB 11 n^nA Authority Appropriation - Has received no further action in the Finance Committee. HB 35 Property Tax Exemption - Has received no further action in the Senate CPA Committee. HB100 Organizational Grants - Has received no further action in the Finance Committee. H8168 Property Tax Reimbursement - Has recoivod no further action in the HESS Committee. HB169 Land And Water Use Planning - Has received no further action in the Judiciary Committee. HB170 Judicial Service Payments - Has received no further action in the Judiciary Committee. HB171 Water Rosourcos Loan Fund - Has received no further action in the CRA Committee. IIB172 Ordinance., Compliance - Has received no further action in the CRA Committee. HB173 Juneau Indemnification - Has received no further action in the SA Committee. RB192 Utility Rates - Has received no further action in the Commerce Committee. HB196 Oil Property Tax - Has received no further action in the Resources Committoo. HB199 Election Polls - Has received no further action in the SA Committee. HB204 Flection, Polls - Has received no further action in the SA Committee. HB205 Waste Disposal Aid - Has received no further action in the CRA Committee. EB207 Voter Registration - Has received no further action in the SA Committee. RB217 Campaign nisclosure - Has received no further action in tho S,I( Committee. HB218 Durational Residency Requirements - Has received no further action in the CRA Committee. 1IB219 Registration Officials - Has received no further action in the SA Committee. HB222 Prostitution - Has received no further action in the Commerce contmitt-:!G. j Page 2 HB223 stun -off Elections - Has received no further action in the CRA Committee. IID227 Senior Citizen Exemption - This bill has received a "Go pass" recommendation from he CPA Committee and has been refnrred to the Finance Committee. HB228 Planning and Zoning - Has received no further action the: CRA Committee. HB230 Parking Violations - Has received no further action in th,_-- SA Committee. HB233 Voter Registration Transfer - Has received no further action in the SA Committee. HB243 Public Utility Rates - Introduced by Brown and Bradner,.this bill provides that no utility rate may include an allowance for the costs of advarticing or public relations except for energy conservation efforts or a reasonable amount for promotion in the area where the utility has competition. The bill has been referred to the commerce and Judiciary Comm. RB246 Liquor License Regulation - Introduced by Guy and Itta, this bill provides that in an area outside incorporated cities if a protest against issuance or reissuance of a license is signed by at least 25 residents within a two mile radius, tho ABC Board must hold a public hearing. If the *Board finds a majority is in opposition, the+ license shall be denied." The bill also provides that when, under local option elections,' a majority are against the sale of liquor, the municipality may, by ordinance, make the sale of itoxicating liquor a misdeameanor regardless of license. bill has been referred to the CRA Committee. HE259 Municipal Audit - Introduced by Duncan, Gardiner, Itta and viallis, this bill deletes the mandatory audit or statement of income and expenditures for 2nd class cities. The bill' also provides that a municipality shall designate an inde- pendent accountant, public accountant or a certified public accountant to make the audit. The bill has boon referred to the CRA Committee. HB265 regal Assistance Program - Introduced by the Rules Committee at the request of the Governor, this bill provides for the creation of a legal assistance grant fund in the CRA Department. Grants, not exceeding $20,000.00, will be available to 1st and 2nd class cities, unincorporated villages and regional associations of such communities for a single legal project but not for providing general legal counsel. The bill has bo6n referred to the Judiciary, CRA and Finance Committees. M JA 1 Page 3 HB266 Legal ilssistanci Appropriation - Introduced by the Rules Committee at the request of the Governor, this bill app- ropriates $50,000.00 for I1B 265. E _ HB267 '?atural Disaster -Relief - Introduced by the SA Committee, this bill authorizes the Dapartment of Alministration to make expenditures of $2 million for extraordinary expenses incurred by cities, boroughs, municipal utilities and school districts in the area declared a natural disaster area on 11/14/79. The bill has been referred to th- SA and Finance: Committees. 1IB268 Natural r)isaster Appropriation - Introduced by the SA Comm- i ittee, this bill appropriates $2 million for IIB 267. The bill ' has been referred to the SA and Finance Committees. HB272 Tay Payment Rebate - Introduced by Govening and Duncan, this bill provides that a municipality buying a property tax shall make a rebate to an eligible resident 65 or over who rents rather than owns. The payment shall be in an amount I equal to the property taxes paid by the o;mer on the property during the period it was occupied by the applicant. When the property is not occupied for the entire assessment year, the Department of CRA will establish guidelines for pro- portionato rebates. If there are two or more eligible renters, the assessor shall determina equitable partial =.. payments to be made. Municipalities shall be reimbursed by the state for loss of revenues. The bill has boon referred to tho CRA Committee. SENATE BILLS CSSBI Ombudsman - The (louse Finance Committee has recommended ' adoption of a House Committee substitute bill and the bill has boon referred to the Rules Committee. i � t • SS 40 Fire-Protection Aid - The Finance Committee amended to bili � +� 9 to $7.50 par capita rather than the :15.00 requasted in the bill. It has been referred to the Rules Committee. HCSSB53 Bond Requirement - This bill is now in free conference comm. SB120 Day Caro Facilities - This bill passed the Senate, 18-0, 3/14/75, and has been referred to the House CRA and finance Committees. SB121 nay Caro Appropriation - This bill passed the Sonata, 18-0, 3/4/75, and has been referred to the House CRA and Finance --- Committees. i SB125 Ordinance Compliance - This bill passed the Sonata, 19-0, 3/6/75 and has been referxed •to the house C12A. Committee. n SB1?.7 M-'Has Special Assessments 'Has rec_ivad no further action in the: House CRA Committee. A 4 I ' s • I { j 4 i S f I . I Page 4 SB135 School District Employees - We feel the momentum of this bill has bean slowod down but wo urgently need your testimony in opposition to the bill. Narita or call your legislators` insnediatoly. SB175 Coastal Sone 'Management - Bearings on this bill are scheduled to start this weak. Ila urge you to make arranq,amunts to have your testimony presented to the Resources Committee. Study the effect the bill will have on coastal municipalities and let your legislators know. SB185 Water Resources Loan Fund - Has receivad no further action int eh Commerce Committee. SB186 Oil Property Tax - Has received no further action in the CRA Committee. SB197 Retirement Program - Has received no further action in the SA Committoo. SB205 Judicial Service Payments - This bill has received a "do - pass" recommendation from the CRA Committee and has been referred to the Finance Committees. SB206 voter Registration Transfer - Has received no further action in the CR1 Committee. ` SB207 Run-off Elections - Has received no further action in the CRA Committee. SB208 Registration Officials - Has received no further action in the CRA Committee. SB209 Durational Residency Requirements - This hill has received a "do pass" recommendation from the CRA Committee and has been rofarred to the Rules Committee. SB218 Tax Payment Rebate - Introduced by Bradley, this bill acheivcs primarily the same purpose as FIB 272. (See this Bulletin) The rebates in this bill are figured as follows; ' 1. Full year occupancy -rebate is total tax bill. 2. Partial yaar occupancy -1/12 of the annual amount for each month of occupancy. 3. ?duplex or multi -unit- same proportion to total tax bill as number of bedrooms in residence bears to total numbor of bedrooms in tho building. Under this bill the rebates will be made directly by the CRA Department. The bill has been referred to the CPA and Finance Committees. SB227 Agricultural Land Disposition - Introduced by Xcrttula and ! Roday, this bill provides that the instrument evidencing i disposition by a borough of land classified as agricultuaal � land shall include a condition that the land be restricted k to agricultural use. The bill has been referred to the CRA Committee. f 4 , r - - ,rrir.,_., I.. !.unialiA�.A.him P age 5 SB229 Pronotty Tax Exemption - Introduced by the CIRA Committee, . this bill provides that a municipality may exclude or exempt or partially exempt residential property from taxation by ordinance ratified by the voters. The bill has been referred to the CRA Committee. SB137 Election Polls - Introduced by Bradley and Willis, this bill increases the time polls are open to 6.30 A.M. - 0.00 P.M. The bill has been referred to the SA Committee. SB238 Municipal Audit - Introduced by 11ohman, this bill is identical to HB 259 (See this Bulletin) except that specifies only that an independent accountant shall be designated to make the audit. The bill has been referred to tha CRA Committee. SS242 Coastal ?.one Fianagemcnt -• Introduced by Orsini, this bill follows the samo basic concept as SB 175 except that it gives i strong recognition to the rights of local governments to j manage their own coastal regions. I assume this bill will be considered during the hearings on SB 175. The bill has been referred to the Resources Committee. 0 ■ Fill Al l,lwl Alf 111 PUBLIC NOTICE i T NAI CITY COUNCI WILL HOLD A PUBL C 0 HE KEL I HEAR ING N THE TRANSFER OF BEVERAGE DISPENSARY LICENSE FOR: LARRY'S CLUB; LARRY H. $ FLORENCE LANCASHIRE & G.C. JARVIS: T0: G. C. JARVIS & JO JARVIS, MILE 1 NORTH KENAI ROAD. THE PUBLIC HEARING WILL BE HELD AT THE REGULAR CITY COUNCIL MEETING ON MARCH 19, 197S, AT 8:00 P.M. AT THE PUBLIC SAFETY BUILDING. Please publish in the legal lotices on March 13, 1975. F PUBLIC NOTICE THE KENAI CITY COUNCIL WILL HOLD A PUBLIC HEARING ON THE TRANSFER OF BEVERAGE DISPENSARY LICENSE FOR: PRE-FLIGHT LOUNGE; KENAI TERMINAL ENTERPRISES, INC.; PRESIDENT JACK PECK, VICE-PRESIDENT; ALTHEA F. PECK; AND SECRETARY MARJORIE J. DANIELS; TO: KENAI TERMINAL ENTERPRISES; PRESIDENT BRIAN L. PECK AND SECRETARY NANCY J. PECK. THE PUBLIC HEARING WILL BE HELD AT THE REGULAR MEETING OF THE KENAI CITY COUNCIL ON MARCH 19, 1975, AT 8:00 P.M. AT THE PUBLIC SAFETY BUILDING. Please publish in the legal notices on March 13, 1975. .. f--... N