HomeMy WebLinkAbout1975-05-21 Council PacketKenai City Council
Meeting Packet
May 21, 1975
COUNCIL MEETING OF MAY 21, 1975
� � r
DOYLE �
HUDSON
MORGAN
STEINER
THOMAS �( �1 �/ v/
Sam
Y
t
1;
- �Ss��►rr : tl�
a,
m
E_1#1 A
REGULAR MEETING, KENAI`CITY COUNCIL
May 21, 1975 - 8:00 P.M.
PUBLIC SAFETY BUILDING
t VjPLEDGE OF ALLEGIANCE
1 A. ROLL CALL:
V AGENDA APPROVAL
rn
B. PUBLIC HEARINGS:
1. Ordinance 263-75 - Providing for penalties for violation
Airport rules and regulations. J�
2. Appeal of Chester H. Cone - Gravel Pit Expansion. - ✓�
3. Appeal of Robert L. Borgen - Gravel Pit Expansion-
4.
xpansion-4.
C. PERSONS PRESENT SCHEDULED TO BE HEARD:
1. OSCa& Tl+ornns
2.
3.
D. MINUTES:
1. Minutes of Regular Meeting of May 7, 1975.
- B. CORRESPONDENCE:
1.
2.
F. OLD BUSINESS:
.. 1.
2.
3.
4.
G. NEW BUSINESS:
F--- = - 1. Bills to be paid - bills to be ratified.
2. Ordinance No. 265-75 - Amending the definition of "Taxicabs"
and establishing size and body style restrictions for taxicabs.
`4 3. Resolution No. 75-24 - Fixing -Taxicab rates for the City of Kenai.
4. Resolution No. 7S -2S - Establishing a bond cash investment pool.
S. Resolution No. 75.26 - Feasibility of, need for, and estimated
costs of Improvement Dist./Carl F. Ahlstrom S/D.
6. Resolution No. 75-27 - Commitment of maintenance of Beaver Loop Rd.
7. Assignment of Lease from Falcon Aviation to Raven Transit.
S. Ordinance 264-75 - Presentation of 1975.76 Budget
9- 0JP AJ4&W A&&- %S - L(%iiE.E'A-aae* kar& X&jceedse
10. :mow 11. &.0-wA�vet Z /o ry- qs - ,seeES Ta/ rNdce0jSE
NAMiA.)4 OP Ilhw ege aac �I QcwLs Pe 9
i 12. AL45K4 At-rzonae.tica4. T'�vdu.snrofs /.C44 esF Ai4 Oyer Laa+eit Oe�Aeierhes
_. 13.L•Ouwoc;a Appeovae. bf SAA �ousiiva 4Ru
14. 8�In1EUt -Ib O-D�speca� i '-� tote.
-• -- is.QMRac�plL - q1'C pp¢Y Pay E347/ha h- 0S
BH/Aear 70 FvAP. ' lQ`M - l2Cuo►, bts.(,w_+ Aippepf 42pri..lt,
H. REPORTS
r
1. City Manager's Report
' 2. City Attorney's Report
3. Mayoras Report
r 4. City Clerk's Report
�...% S. Finance Director's Report
6. Planning $ Zoning Commission's Report
7. Borough Assemblyman's Report
1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD:
1.
2.
3.
I
IC G "E N D A
} REGULAR MEETING, KENAI CITY COUNCIL
May 21. 1975 - 8:00 P.M.
PUBLIC SAFETY BUILDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL:
AGENDA APPROVAL
B. PUBLIC HEARINGS:
l
1. Ordinance 263-75 - Providing for penalties for violation of
Airport rules and regulations.
2.
4. I
_ 1
C. PERSONS PRESENT SCHEDULED TO BE HEARD: i
1. Oscar Thomas
2.
3.
D. MINUTES:
1. Minutes of Regular Meeting of May 7, 1975.
E. CORRESPONDENCE:
1.
2.
F. OLD BUSINESS:
1.
2.
3.
4.
G. NEW BUSINESS:
1. Bills to be paid - bills to be ratified.
2. Ordinance No. 265.75 - Amending the definition of "Taxicabs"
and establishing size and body style restrictions for taxicabs.
3. Resolution No. 75-24 - Fixing Taxicab rates for the City of Kenai.
4. Resolution No. 7S-25 - Establishing a bond cash investment pool.
S. Resolution No. 75-26 - Feasibility of, need for, and estimated
costs of Improvement Dist./Carl F. Ahlstrom S/D.
6. Resolution No. 75.27 - Commitment of maintenance of Beaver Loop Rd.
7. Assignment of Lease from Falcon Aviation to Raven Transit.
8. Ordinance 264-75 - Presentation of 1975-76 Budget
9. Ordinance 266-7S - Water/Sewer Rate Increase
10. Ordinance 267-7S - Sales Tax Increase
11. Naming of new bridge $ access road
12. AAI - Lease of Airport Lands or Facilities
13. Council approval - disposal of FAA housing furniture
14. Payment to contractor - Airport Fencing Project
1S. Payment to Engineer Consult. Firm - Airport Fencing Project
H. REPORTS
1. City Manager's Report
2. City Attorney's Report
S. Mayor's Report
4. City Clerk's Report
S. Finance Director's Report
6. Planning 4 Zoning Commission's Report
7. Borough Assemblyman's Report
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD:
1.
2.
3.
.. I
u
A
A GE N B
REGULAR MEETING, KFNAI CITY COUNCIL
MAY 7, 197S, 8:00 P.M.
PUBLIC SAFETY BUILDING
j
PLEDGE OF ALLEGIANCE
j
A:
ROLL CALL
AGENDA APPROVAL
B:
PUBLIC HEARINGS
C:
PERSONS PRESENT SCHEDULED TO BE HEARD:
1. Chester Cone
Delete
2. Bill Quandt
1-2
3. Peninsula Oilers
2-4
4. Chamber of Commerce
4
S. Cal Owens - Youth League Football
4-5 I
D:
MINUTES
•-
1. Minutes of Regular Meeting of April 16, 1975.
S
"
E:
CORRESPONDENCE
I. Council on Aging
S
2. Robert L. Bergen
S
3. Chester H. Cone
S
F:
OLD BUSINESS
1. C.A.P. Hangar
S-6
2.
3.
4.
S.
;
6.
i
7.
.
G:
NEW BUSINESS
i
_j
1. Bills to be paid - bills to be ratified
6
2. Appointment of Acting City Clerk
1 - i
3. Ordinance 261 -7S -Ceiling on item purchased without
Delete
'
prior Council approval
4. Ordinance 262 -7S -Discharge of firearms within the
6
-
City limits
S. Ordinance 263 -7S -Providing for penalties for violations
6
of Airport rules and regulations
6. Resolution 7S-20-Foasibility study -assessment district
7
Tinker Lane Area
I
7. Resolution 7S -21 -Opposing House Bill 6S
7
S. Resolution 75 -22 -Municipal Reserve
7
9. Binders and Dividers for new City Code
7
10. Supplemental Agreement No. 2 -Airport Security Fencing
7-8
11. Disposal of Air ort Land
8
- :--
12. Ratification of Planning Commission member.
8
-
13. R6solution'75-23 - Commitment of Maint. Forrest Dr. $
8
'
14. Redoubt Ave.
'-..
IS.
16.
17.
'
18.
19.
♦
20.
-
H:
REPORTS
_____ _
1. City Manager's Report
9
b•
jC.
d.
2. City Attorney's Report
9
r ,
3. Mayor's Report
10
4. City Clerk's Report
10
S. Finance Director's Report
10
6. Planning $ Zoning's Report
10
•
7. Borough Assemblymen's Report
10
_•
It
PERSONS PRESENT NOT SCHEDULED TO BE HEARD:
1, Mrs. Beverly Fillio
11
•1
u
N
it
MINUTES
REGULAR MEETING
KENAI CITY COUNCIL
MAY 79 1975
8:00 P.M.
PUBLIC SAFETY BUILDING
i The Council gave the Pledge of Allegiance
ROLL CALL: Members Present: Edward Ambarian, James Doyle, A. L.
jHudson, Richard Morgan, H. J. Steiner, Oscar Thomas*,
-' and James Elson.
f
*In late
Members Absent: None
AGENDA APPROVAL
1
There were no objections to the addition or deletion of
the following items to the Agenda.
C-1 Delete Chester Cone
C-5 Add Cal Owens (Youth League Football)
G-3 Delete Ordinance 261-75
J G-13 Add Resolution 75-23
-
G-2
f C�
C-2
APPOINTMENT OF ACTING CITY CLERK
Due to the resignation of City Clerk Sharon Loosli,
Mayor Elson recommended to the Council that Sue Peter
be selected as Acting City Clerk.
Councilman Steiner moved and seconded by Councilman
Ambarian that Sue Peter be appointed Acting City Clerk.
The motion passed unanimously.
Mayor Elson presented Mrs. Loosli with a Certificate
of Appreciation and an orchid arrangement on behalf of
the City Council.
PUBLIC HEARINGS
There were no Public Hearings scheduled.
PRESONS PRESENT SCHEDULED TO BE HEARD -
Mr. William Quandt
Mr. Quandt advised Council that he has purchased 19 lots
in the Ahlstrom S/D and would like to get City water and
sewer to these lots in order to proceed with construction
of residences. Mr. Quandt stated he had been advised by
L
t
MINUTES, KENAI CITY COUNCIL MEETING, MAY 7, 1975 PAGE 2
(C-2 - Mr. William Quandt -- continued)
0
,i
0
C-3
Administration in order to get water and sewer, it would
require a petition to be presented to Council with signa-
tures of over 50% of the property owners in the area.
Mr. Quandt stated that he had bought the lots from the
majority of the adjoining property owners and wanted the
City to stand the expense of putting in water and sewer.
Mr. Quandt was advised that the cost of improvements, such
as water and sewer, would be the responsibility of the
property owners.
Councilman Morgan requested that a map be prepared showing
the area and a further in-depth report from City Admini-
stration be presented to Council.
Councilman Steiner directed the Administration to prepare
a Resolution regarding the Assessment District in question.
Peninsula Oilers
Mr. Vincent O'Reilly,representing the Peninsula Oilers
baseball team, came before the Council for approval of
payment in the amount of $12,000 to the Oilers -to help
them meet their pressing bilis. Mr. O'Reilly stated that
the Oilers had been working with City Administration and
the Grant had been applied for through the Bureau of Out-
door Recreation and monies would be forthcoming upon
verification of expenditures, etc. However, it takes -
time to receive federal funds and Mr. O'Reilly felt that
the creditors had been overly delayed as it was in receiving
payment.
*Councilman Thomas in at this time.
Mr. O'Reilly further stressed the importance of the
Peninsula Oilers to the City as they provide both adult
and youth recreation, create business activity, generate
tax revenues and that the Peninsula Oilers are self-supporting
and add to the City's tax revenue. He, therefore, requested
that if the Council found the foregoing acceptable, to
please grant an advance payment to the Oilers to help them
meet their more pressing financial obligations.
Mr. Tim Holt spoke in support of the Oilers and their
contribution to the community in areas of assistance to
Little League, Pony League, Babe Ruth, etc. and the Oilers
had the greatest attendance from the public of any organized
recreational activity in the City of Kenai.
F__
MINUTES, KENAI CITY COUNCIL MEETING, MAY 7, 1975
(C-3 - Peninsula Oilers -- continued)
PAGE 3
Also speaking in support of the Peninsula Oilers, Mr.
Kjelstad stated that there had been a great deal of
community support and volunteer assistance for the Oil
Team and prior financial commitments in behalf of the
by the Council had been very much appreciated and the
Oilers would like continued support particularly in re
to helping the team out of debt.
General Manager, Max Swearingen, emphasized that the m
being asked for was not operational money for this sea
but to clear up prior commitments. The Oilers will ca
their own weight this year through advertising, ticket
sales, etc. However, it is important that the Credito
are paid as soon as possible and if the monies were to
out of the operational fund, it would put the team in
financial bind for this season.
Mr. O'Reilly summarized in stating that he hoped the
testimony presented by various members of the communit
would prove that the Oilers activities are beneficial
the City of Kenai.
Councilman Steiner asked for clarification of one poin
in that is it correct that the Grant has been applied
and approved by BOR and that the Oilers are asking for
pre -payment before funds are received from BOR to the
Administration concurred but advised that funds would
be forthcoming without verification of completion of
projects approved by the BOR.
Mayor Elson reiterated that the City had committed $20
and that $15,000 has been paid out for lighting of the
park. At the January 8, 1975, Council Meeting, $5,000
remittance was approved to the Oilers with certain sti
1 lations to bemet prior to payment. The $5,000 has no
paid -to the Oilers as the conditions have not been sat
Mayor Elson read that portion of the minutes of the me
of January 8, 1975, which referred to the $5,000 payme
{ to the Oilers and the conditions requested.
a Councilman Thomas stated that he had attended a recent
meeting of the Board of Directors of the Peninsula Oil
and one point must be made and that is the City has no
asked the Oilers to transfer ownership of the bail pai
but that the City has asked them to relinquish rights
City Attorney, C. R. Baldwin, also advised Council the
there was no alternative other than the City preceding
with bid requirements as the City cannot outright purcnase
the fence at the ball park without going through proper
procedures.
�, 2 . O' h ,
} MINUTES, KENAI CITY COUNCIL MEETING, MAY 7, 1975
PAGE 4
(C-3 - Peninsula Oilers -- continued)
f
Councilman steiner moved, seconded by Thomas, that the
$5,000 be paid to the Oilers as authorized in the January 8,
1975, meeting, without further delay.
After discussion, Councilman Steiner withdrew his motion
with consent of second.
Councilman Hudson stated he felt that the Oilers should
come up with money to pay their debts to receive clear
title from their creditors -- perhaps borrow money, etc.?
~� f Max Swearingen stated that the bills had been submitted
to the City to be included in the Grant application to the
BOR in January of 1975 and it wasn't the fault of the
Oilers nor the vendors that the Grant was delayed.
i
Councilman Steiner moved, seconded by Councilman Morgan,
that the Council authorize payment to the Oilers in the
amount of $12,000 and in return the City receive a clear
title to purchases for the ball park.
Motion failed due to a tie in roll call vote. Voting
yes; Morgan, Steiner, and Elson. Voting no; Ambarian,
Hudson, and Thomas. Doyle temporarily absent.
Further discussion followed with reiterating comments
that something mus dRne at this time.!'
4 Steiner moved, econded by u son that Council go ahead
i and authoriz payment of $S,000 at this time without
any conditions and upon receipt of BOR funds, the addi-
tional $7,000 will be paid contingent upon free title in
k exchange.
The motion carried by roll call vote. Voting yes; Doyle,
Hudson, Morgan, Steiner, Elson. Voting no; Ambarian and
Thomas.
Chamber of Commerce
Gail Glad, representing the Kenai Chamber of Commerce,
presented two resolutions endorsed by the Chamber of
Commerce in support of the Peninsula Oilers.
C - S Cal Owens - Youth League Football
Mr. Owens requested that Council -authorize $5,000 to re-
seed, clean up, etc. the fields used by the Youth League
Football and various Little League groups. Mr. Owens had
not gone to Administration prior to the Council and was so
advised'that this was the proper direction to take.
C-4
Chamber of Commerce
Gail Glad, representing the Kenai Chamber of Commerce,
presented two resolutions endorsed by the Chamber of
Commerce in support of the Peninsula Oilers.
C - S Cal Owens - Youth League Football
Mr. Owens requested that Council -authorize $5,000 to re-
seed, clean up, etc. the fields used by the Youth League
Football and various Little League groups. Mr. Owens had
not gone to Administration prior to the Council and was so
advised'that this was the proper direction to take.
V
E
' MINUTES, KENAI CITY COUNCIL MEETING, MAY 7, 1975 PAGE 5
(C - S -- Cal Owens, Youth League Football -- continued)
Councilman Morgan asked the Finance Director if there were
funds still available in the budget for recreational uses
and was advised that it would be determined as to the
exact amount and reported at the next meeting.
Also, the BOR has indicated that they would like projects
such as the fields, etc. completed and bills submitted.
Councilman Steiner asked for a report on the status of
these projects at next meeting.
D: MINUTES
The minutes of the Regular Meeting of April 16, 1975,
were approved as distributed.
E:
CORRESPONDENCE
B-1
Mayor Elson read a letter from members of the Council on
Aging thanking the Council for its support.
' E-2
Letter from Robert L. Borgen appealing action of the
'
Planning $ Zoning Commission at their hearing on his
gravel pit expansion. Hearing date set for May 21, 1975.
E-3
Letter from Chester H. Cone appealing the decision of the
-
Planning $ Zoning Commission regarding his application
for Conditional Use Permit for expansion of gravel pit.
Hearing date set for May 21, 1975.
F:
OLD BUSINESS
F-1
C. A. P. Hanger
Administration reported that the original agreement between
o
the City and the Civil Air Patrol did stipulate the City
-.
would erect the hangar, extend water/sewer (which has not
been done), etc. but did -not state that the City would
-. -
pay for heating and electricity. Administration asked if
Council wished to continue subsidizing this organization.
Jack Conright, CAP Commander, advised the Council of the
many worth -while projects the Patrol was involved in
including search and rescue, civil defense, and organized
youth activities.
` -
Councilman Steiner stated he felt that the City should
continue to furnish utilities for this year and future
financial support should be reflected in the proposed
budget for 1975-76.
ti
-
Councilman Morgan asked that Administration check to see
that all commitments as originally agreed upon by the
I-
c
MINUTES, KENAI CITY COUNCIL MEETING, MAY 7, 1975 PAGE 6
(F-1 - CAP Hangar - continued)
City with the CAP are complied with or status of same.
G: NEW BUSINESS
G - 1 Bills to be paid - bills to be ratified
Councilman Doyle moved, seconded by Councilman Ambarian,
-� for the approval of payment of the bills and the ratifying
of payment of bills as listed on the memo of May 7, 1975.
i
' The motion carried unanimously by roll call vote with
Councilman Doyle abstaining on the Doyle's Fuel Bill
i and Councilman Thomas abstaining on the.KUSCO bill.
1
I G -.3 Ordinance 261-75 - Ceiling on items purchased without
prior Council approval.
Deleted from agenda with Council approval.
G - 4 Ordinance 262-75 - Discharge of firearms within the
City limits.
In general, Council members felt that the Ordinance
should stipulate certain conditions wherein firearms
1` could be discharged within the City limits in designated
areas only, and directed the City Attorney to prepare
an Ordinance that would exempt specific locations.
Councilman Doyle stated he felt that these areas should
be selected during a work session of the Council.
Ordinance 262-7S tabled with consent of Council.
G - S Ordinance 263-75 - Providing for penalties for violation
of airport rules and regulations.
This Ordinance was drawn up at the request of the Kenai
Tower Chief to provide for penalties for violation of
airport rules and regulations.
Councilman Steiner moved, seconded by Councilman Morgan,
for the introduction of Ordinance 263-7S. Motion passed
unanimously with roll call vote.
FAl1=^�`�`�A IA I-L,L E� I _Ll,l � � - - _- - -� -L �-.: - - � z�- -• - - - .._�........-"tY�/iA�A.RR: w�..
MINUTES, KENAI CITY COUNCIL MEETING, MAY 7, 1975 PAGE 7
.
n G - 6 Resolution 75-20 - Feasibility study Assessment District
Tinker Lane Area
Councilman Steiner moved, seconded by Councilman Doyle,
for Administration to proceed as outlined in Resolution
75-20. Motion passed unanimously by roll call vote.
G - 7 Resolution 75-21 - Opposing House Bill 65
Councilman Morgan moved, seconded by Councilman Doyle,
for adoption of Resolution 75-21.
Motion withdrawn, with approval of second, as additional
information, etc. was required for study by Council.
Councilman Steiner moved, seconded by Councilman Thomas,
to table Resolution 75-21. Motion passed with roll call
vote. Voting yes; Ambarian, Doyle, Steiner, Thomas..
Voting no; Hudson, Morgan and Elson.
G - 8 Resolution 75-22 - Municipal Reserve
Administration introduced this Resolution to retain
certain lands for future construction of State or
City offices. Suggested it be zoned for Municipal
Buildings.
No action taken on Resolution 75-22.
G - 9 Binders and Dividers for new City Code
City Attorney Baldwin advised that the City Code would
be put into 3 -ring binders which could be easily removed
upon revision, etc. The price of the binders will exceed
$500.
Councilman Hudson moved, seconded by Councilman Steiner,
that the necessary binders be purchased. The motion passed
unanimously by roll call vote.
G - 10 Supplemental Agreement No. 2 - Airport Security Fencing,
The completion date of the airport security fence has
been moved from November 1974, to July 1975. The City
caused the delay in construction as contractor was ordered
to stop to verify location of fence across certain lands.
Council asked if contractor would have any claim to addi-
tional monies because of the delay by the City. Admini-
stration advised that there would be no demands for
additional monies.
I.
....... . -
III J 11.1ALi. ill I'll011111 ll lu IJI II. —
is
MINUTES, KENAI CITY COUNCIL MEETING, MAY 7, 1975
PAGE 8
' (G-10 - Supplemental Agreement No. 2 - Airport Security Fencing - cont'd.)
Councilman Steiner moved, seconded by Councilman Doyle,
for approval of Supplemental Agreement No. 2 - Airport
Security Fencing with the stipulation that no additional
cost be occasioned. The motion passed unanimously by
roll call vote.
G - 11 Disposal of Airport Lands
Administration asked approval from Council for the
inclusion of Parcel 0199 to the brochure of City owned
lands for sale or lease. This parcel will be made available
for lease. It was also advised that this parcel would not
necessarily be leased as a whole unit.
Councilman Steiner moved, Morgan seconded, that the City
go ahead with the inclusion of Parcel #199 in the State
Land Sale. Motion passed unanimously.
G - 12 Ratification of Planning Commission Member
Due to the resignation of Jon Nelson from the Planning
Commission, Nick Miller and Sol Raymond were nominated
to fill Mr. Nelson's term on the Commission. Sol Raymond
was selected. His term on the Commission will run to
January 10 1977.
Commission member Beverly Fillio was selected to replace
Jon Nelson as Kenai's representative to the Borough Planning
Commission.
G - 13 Resolution 75-23 - Commitment of Maintenance of Forrest,
Drive and Redoubt Avenue
A similar resolution was passed by Council last Fall and
this is just a re -emphasis that the City will assume
responsibility of these streets once the State paves and
develops the drainage system of both Forrest Drive and
Redoubt Avenue.
Councilman Steiner moved, seconded by Councilman Ambarian,
for the adoption of Resolutian 75-23 - Commitment of
Maintenance of Forrest Drive au -1 Redoubt Avenue. Motion
passed unanimously with roll call rite.
Councilman Ambarian directed Administration to prepare
a similar resolution stating the City would assume responsi-
' bility if the State would pave and develop the drainage
system for Beaver Loop Road.
I
1
I
7
MINUTES, KENAI CITY COUNCIL MEETING, MAY 7, 1975 PAGE 9
H REPORTS
H - 1 City Manager's Report
Mr. Lynn reported that Administration had been working almost
exclusively for the past two weeks on the proposed budget
and is in a position to present the proposed budget at a
- work session Thursday, May 7, 7:30 p.m. in the City Manager's
Office at City Hall.
Administration is also in the process of preparing the Impact
Statement to obtain State funds and will submit the State -
i ment upon its completion to Juneau.
Well House No. 2 (vital to Fire emergency service) flooded
Tuesday evening. The problem stemmed from a culvert that
had not been drained with the run-off. The Public Works
Department is still pumping i,t out to salvage pumps,
motors, etc.
H - 2 City Attorney's Report
Mr. Baldwin reported on the meeting with FAA officials
in Anchorage. The FAA was very adamant that on all
FAA lands transferred to the City, the City must follow
stipulations that the land be leased for "Fair Market
Value". The City must adhere to this requirement in all
cases.
The Recodification has been presently been delayed until
other City legal matters can be cleared up.
The Council will act as a Board of Adjustment on May 21,
to hear appeals of applicants for variances for gravel pit
expansion.
The City has filed condemnation proceedings to obtain access
to the gravel pit.
Notices have been sent out regarding ambulance billings
long overdue.
Notices are being sent out regarding assessment delinquencies
on Districts 4, S, 6, and 7. Substantial money is involved.
There is no change in the Kenai Home Owners Association
or in the George Filler case.
City Attorney Baldwin tendered his resignation as City
Attorney to be effective June 30, 1975. Council requested
Mr. Baldwin to advertise the position as soon as possible
and screen candidates for the position.
MINUTES, KENAI CITY COUNCIL MEETING, MAY 7, 1975 PAGE 10
H - 3
Mayor's Report
r
Mayor Elson reported he had set up a conference call with
Administration and/or Mayors from the cities of Homer,
Seward, Seldovia and Soldotna on Friday regarding Borough
Mayor Stanley Thompson's Budget Message. It was the con-
sensus of all that there was no problem with regard to a
$10,000 value residential property exemption, however,
reducing mill levy and sales tax was not beneficial.
H - 4
City Clerk's Report
None
n
H - S
Finance Director's Report
Mr. O'Connor reported that a CPA had been hired to aid in a
special projects which are of financial benefit to the City
such as development of assessment rolls for foreclosure,
past -due water/sewer billings, miscellaneous receivables
and Grant receivables. Special projects should be finished
-
by June 30.
Mr. O'Connor also advised the Council that the interest
rate of TCD's are going down.
. H - 6
Planning $ Zoning Commission Report
a
Councilman Ambarian reported the Planning Commission met
-
on April 23, 1975. The Commission held two Public Hearings
on gravel pit expansion and recommended denial of both.
The applicants for the Conditional Use Permits were advised
that they had ten days in which to appeal the decision
and upon thirty days after appeal, would go before the -i
Council, who would act as a Board of Adjustment.
' H - 7
Borough Assemblymen's Report
:
Councilman Steiner reported that Borough schools and
. ;
acquisition of land for school use was the main item of
_
interest on the agenda.
The Borough has set up a work session on the budget for
- - --
next week.
�d
k
E
• I
s �
MINUTES KENAI CITY COUNCIL, MAY 7, 1975 PAGE 11
I PERSONS PRESENT NOT SCHEDULED TO BE HEARD
H - 1 Mrs. Beverly Fillio - Paving of Forrest Drive
Mrs. Fillio asked if Administration had received definite
word from the State Highway Department as to the paving
of Forrest Drive. She was advised that no definite
commitment had been made by the State.
There being no further business, the meeting adjourned
at 11:45 p.m.
Respectfully submitted,
S C. Peter,
.� ting City Clerk
i
R
_ S
t -
i •
f'
�f .
�„ •, ai�.� � -° •.___.... _--._ � iL i ��_ i_ iit i�- eiM�� s��... �- - - ori'—'—"_---- ,�..,,-� � �..: �-.-._!T-7�'--�
t
CITY OF KENAI
ORDINANCE NO. 265-75
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI
AMENDING THE DEFINITION OF "TAXICAB" AND ESTABLISHING SIZE AND
BODY STYLE RESTRICTIONS FOR TAXICABS
BE IT ORDAINED by the Council of the City of Kenai, Alaska,
as follows:
Section 1. Section 20-1(1) of the Code of the City of Kenai is
hereby amended to read as follows:
(1) "Taxicab" means a motor -driven passenger vehicle which
to not certificated by the Alaska Transportation Commission, and which is
offered for public hire on a time or distance basis.
Section 2. There is hereby added to the Code of the City of
Kenai. Section 20-12(A), which shall read as follows:
20-12(A) No license shall be granted under this Chapter for a
vehicle which has a seating capacity as per the manufacturer's rating of more
than seven (7) persons, or for a vehicle the body style of which is other than
a sedan. This provision shall not be construed as prohibiting the continued
operation of a vehicle other than a sedan which was licensed under the
prr.::aions of this Chapter on the effective date of this Section.
CITY OF KENAI
JAMES A. ELSON, Mayor
ATTEST:
Acting City Clerk
FIRST READING
SECOND READING
PASSAGE DATE
_ _- •,A/►wwsr,..:....._.. ., .._,_I. L.--_--".—'_ -- — .�e..:�._n. - - -,- anpi--•.,-
CITY OF KENAI
ORDINANCE. NO. 263-75
AN ORDINANCE. OF THE. COltl3CiL OF THE CITY OF KENAI
PROVIDING FOR PENALTIES FOR VIOLATIONS OF THE AIRPORT RULES
AND REGULATIONS ADOPTED BY THE ADMINISTRATOR
BE IT ORDAINED by the Council of the City of Venal. Alaska,
that the Code of the City of Kenai 1963. is hereby amended as follows:
action 1. Section 17-25 of the Code of the City of Kenai 1963
Is amended to r d as follows:
Section -25. RMIations Airport. The City Administrator
may regulate the manner which th enai Airport, and compatible
non -aviation facilities are a with reference to the safety. aeeomodedon
and service to the public. fn er to implement this grant of authority. the
City Administrator shall pose t e Council such rules and regulations as
may be necessar"toe le him to ca out the duties under this grant. The
Council shall ado aU such rules and re lations by resolution- Upon
adoption, sue es and regulations shall ade available to the public,
and shall b contained in a loose-leaf folder, en ed "Airport Regulations."
One co of such Airport Regulations shall be on [I ith the City Clerk.
Section 2. The Code of the City of Kenai 1963 to hereby amended
by adding Section 17-35. which shop read as follows:
Section 17-35. Penalties. Any person violating any of the
provisions of this Chapter, or any of the rules. regulations or orders made
and issued under this Chapter. is guilty of a misdemeanor, and upon
conviction. Is punishable by a fine of not more than one hundred dollars.
Section 3. The Rules and Regulations adopted prior to the
effective date of this Ordinance are hereby ratified and approved, and
continued in full force and effect until further amended iii accordance with
the procedures set forth herein.
CITY OF KENAI
ATTEST:
City Clerk
JAMES A. ELSON. Mayor
FIRST READING / yS�
SECOND READING
11U42- /
PASSAGE DATE
v
r
i
r
J
�o
4
"
1
f
I
_
'
l
CITY OF KENAI
ORDINANCE. NO. 263-75
AN ORDINANCE. OF THE. COltl3CiL OF THE CITY OF KENAI
PROVIDING FOR PENALTIES FOR VIOLATIONS OF THE AIRPORT RULES
AND REGULATIONS ADOPTED BY THE ADMINISTRATOR
BE IT ORDAINED by the Council of the City of Venal. Alaska,
that the Code of the City of Kenai 1963. is hereby amended as follows:
action 1. Section 17-25 of the Code of the City of Kenai 1963
Is amended to r d as follows:
Section -25. RMIations Airport. The City Administrator
may regulate the manner which th enai Airport, and compatible
non -aviation facilities are a with reference to the safety. aeeomodedon
and service to the public. fn er to implement this grant of authority. the
City Administrator shall pose t e Council such rules and regulations as
may be necessar"toe le him to ca out the duties under this grant. The
Council shall ado aU such rules and re lations by resolution- Upon
adoption, sue es and regulations shall ade available to the public,
and shall b contained in a loose-leaf folder, en ed "Airport Regulations."
One co of such Airport Regulations shall be on [I ith the City Clerk.
Section 2. The Code of the City of Kenai 1963 to hereby amended
by adding Section 17-35. which shop read as follows:
Section 17-35. Penalties. Any person violating any of the
provisions of this Chapter, or any of the rules. regulations or orders made
and issued under this Chapter. is guilty of a misdemeanor, and upon
conviction. Is punishable by a fine of not more than one hundred dollars.
Section 3. The Rules and Regulations adopted prior to the
effective date of this Ordinance are hereby ratified and approved, and
continued in full force and effect until further amended iii accordance with
the procedures set forth herein.
CITY OF KENAI
ATTEST:
City Clerk
JAMES A. ELSON. Mayor
FIRST READING / yS�
SECOND READING
11U42- /
PASSAGE DATE
v
_
--��
- .r - -ter -- .. .. ._ _ ��• �..
=
For Council meeting of 5-21-75
The following are disbursements over 5500.00 which need }
;f
Council approvals
i
VENDOR AMOUNT P. O.
DEaCRIPTION
McKee Janitorial 1,546.64
for May Services
Xerox Corporation 718.26
for April charges
i
Federal Reserve Bank of
-'.
Richmond 71125.0
interest due on terminal
'
revenue bonds if 1965
Dawson & Company 727.001
April workmen's
comp payment due
.
i
Items to be ratified
=�
First Federal Savings &
Loan 1500000.90
Purchase of TCD .
I:.
E
e
'
c
'i
f ,
u
f�
P7
.:
CITY OF KENAI
RESOLUTION NO. 75-25
A RESOLUTION OF THE KENAI CITY COUNCIL DIRECTING THE FINANCE
DIRECTOR TO ESTABLISH A BOND CASH INVESTMENT POOL.
WHEREAS, the independent auditors for the City of Kenai for the
past three (3) years have.indicated that the City is not in
compliance with the restriction requirements of the bond
ordinances relating to the General Obligation Bonds and Terminal
Revenue Bonds; and
� WHEREAS, the City is still in violation of these requirements;
and
WHEREAS, the City is desirous of remedying this situation; and
WHEREAS, the City realizes that a concerted effort over a
period of time 1�1p be required to remedy situation.
i
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Kenai that the Finance Director take whatever steps necessary
to correct this situation including, but not limited to:
Establish a central "Bond Cash Investment Pool" to
j which all proceeds from the sale of City bonds shall be
directly deposited. Equity of bond monies within the
central "Bond Cash Investment Pool" shall be maintained
at all times for each fund as reflected on the City's
general ledgers and financial reports. All checks to
support bond fund expenditures shall be drawn from the
central "Operational Cash Pool" and daily reimbursements
shall be made from the central "Bond Cash Investment
Pool" for all such bond fund expenditures.
" = Whenever specific bond covenant requirements dictate
that certain bond reserves be established and maintained
for the security and repayment of certain bond issues,
' such funds shall be placed in trust accounts of the City
and may be invested to accrue interest. These funds will
not be utilized for any purpose other than for their
tions as specified.
Financial procedures shall be established in order to cgl?PA
insure that each bond account within the 40ond Cash E M FOA
Investment Pool" is not impaired.
Idle monies of the central "Bond Cash Investment Pool"
will be managed in such a manner as to provide the maximum
possible interest rates of return.
The interim borrowing of bond funds for operational
,J purposes shall be approved by resolution of the City
Council and shall occur only for purposes deemed by the
City Council to be of an emergency nature and in the best
Page One, RESOLUTION NO. 75-25
0
a
Page Two, RESOLUTION NO. 75-25
interest of the City of Kenai.
Loans may only be made where there is anticipated revenue
to be received to repay the loan. All loans must be for a
e short period of time and are to be repaid within the fiscal
year in which they were made.
Interest Earned - Interest earned on operational or bond
funds shall be properly credited to the fund from which the
investment cash was available for investment. Interest
earned through temporary loans made from City funds and
approved by the City Council shall be credited to the fund
from which the loan was made.
Interest Expense - Interest costs for loans shall be properly
charged to the fund for whose benefit the loan was made.
Interest costs for temporary loans made from City funds and
approved by the City Council shall be charged to the fund
receiving such loan benefit.
0ATE0: At Kenai, Alaska, this day of May, 1975
CITY OF KENAI
ATTEST:
Acting City Clerk
e
4 '
JAMES A. ELSON, Mayor
W
l
i C
CITY OF KENAI i
RESOLUTION NO. 75-26
A RESOLUTION OF THE KENAI CITY COUNCIL DIRECTING
THE CITY MANAGER TO STUDY THE FEASIBILITY OF, NEED FOR AND
ESTIMATED COSTS OF, AN IMPROVEAVNT DISTRICT IN THE CARL F.
AHLSTROM SUBDIVISION
_ I
WHEREAS, certain owners of property within the Carl F. Ahlstrom
Subdivision have expressed an interest in forming an improvement district for
the purpose of installing water, sewer and street improvements. '
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Kenai, that the City Manager be hereby directed to make a survey and report
to the Council concerning the need for and estimated costs of the improvements.
DATED: At Kenai, Alaska, this day of , 1975. _
CITY OF KENAI
► JAMES A. ELSON, Mayor
k.. _ .. ATTEST:
4
i -
.E
I
r•
1
L _. _ IJ I1 I I Ilii_ _ I � I I.I . II I II I 11111111 ISIII
CITY OF KENAI
RESOLUTION NO. 75-27
A RESOLUTION OF THE KENAI CITY COUNCIL CON
THE CITY OF KENAI FOR MAINTENANCE OF BEAVER LOOP WH
STATE OF ALASKA PAVES AND DEVELOPS THE DRAINAGE SYE
WHEREAS, residents of the City of Kenai living ad
Beaver Loop have urged that said road be properly drained ax
and
WHEREAS, the road has heavy pedestrian and vel
traffic; and
WHEREAS, Beaver Loop is a State -maintained road
NOW. THEREFORE, BE IT RESOLVED by the Council of the
Cith of Kenai, that:
i (1) The State of Alaska is urged to pave and drain Beaver
Loop.
i (2) The City of Kenai will maintain Beaver Loop after the
i required construction work is' completed.
-i DATED: At Kenai, Alaska, this _ day of 1975.
CITY OF KENAI
JAMES A. ELSON, Mayor
CITY OF KENAI
j - ORDINANCE NO, 266-75
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI
REPEALING SECTION 17-76 OF THE KENAI CODE, 1963, AND ENACTING A
REVISED SCHEDULE OF RATES FOR USERS CONNECTED TO CITY WATER
AND SEWER SYSTEMS, AND DECLARING AN EMERGENCY
i
WHEREAS, revenues of the water and sewer systems have been
found to be insufficient to operate and maintain the systems to a reasonable
standard: and
WHEREAS, monthly service charges are the principal source of
-revenues for operating the water and sewer systems; and
WHEREAS, levels of service and operating condition have caused
Increased costs at least equal to the inflationary rise of the prevailing price
levels since establishment of water and sewer rates.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Kenai, Alaska, as follows:
Section 1. It is the finding of the Council that an increase in
monthly service or user charges is urgently required in view of the drastic
increase in costs, which at least equals the inflationary rise of prevailing
F price levels since the establishment of the water and sewer rates by the City
Of Kenai, Alaska on May 18, 1973.
E Section 2. Section 17-76 of the Kenai Code 1963 is hereby repealed.
Section 3. The charges to users of water and sewer systems within
the City of Kenai are as follows:
SCHEDULE A - GENERAL DOMESTIC SERVICE RATES
Per Month
4.
I .
Water Sewer
One -or two-family residence, per family unit $ 12.00 8.00
Single or double unit apartment, per family unit 12.00 6.40
` Apartment, three or more units under one roof,
per family unit - Single bill assumed by owner 8.80 5.90
Separate billing 10.00 6.75
} Trailers, one or two on single lot or court (each) 12.00 8.40
Page One, ORDINANCE NO. 266-75
i -
E
t
s'
J
t '
Trailers, three or more on lot or court, per trailer
r n unit - Single bill assumed by owner 8.80
5.90
Separate billing 10.00
6.75
Minimum CharEe: One month's service
. "Ial Conditions: The above schedule is restricted to service used
exclusively for general domestic purposes, as distinguished from
commercial
or other uses of water service.
SCHEDULE B - COMMERCIAL SERVICE
Per Month
Water
Sewer
Base Rate: (Applicable to all customers receiving
service under this Schedule, unless otherwise
specifically excluded.) $ 9.50
6.30
•_.__.
Demand Char&e: (Applicable to individual customers
where water connection to one inch or longer,
and is rated on the equivalent line size. This
is in addition to the Base Rate and Use Charge.)
In service 8.00
5.50
1-1/4" service 12.00
8.00
1-1/2" service 20.00
13.40
! 2" service 50.00
33.50
Larger than 2" - By special contract.
Use CharKe: (Applicable to the establishments specified
below, in addition to the initial Use Charge listed
below, a charge of $4.00 for water and $2.70 for
sewer for each multiple of four employees over and
above the initial four shall be made. This to in
addition to the Base Rate and Demand Charge. The
City Manager has the right to determine the rate to
be applied to different types of facilities than are
hereafter listed, and to make final interpretation of
these rates, subject to Council approval.)
Bakery 53.50 35.75
Bath House - Tub or shower, each 5.50 3.60
Beverage dispensary
Page Two, ORDINANCE NO. 266-75
W.
4
V
261
r -
R:
Each seat, to and including thirty
1.60
Seating capacity in excess of thirty, per person
.40
Bottling works, per bottling machine
166.70
Bowling alleys, amusement parks (Note 2)
20.00
Boarding houses, per available room
3.40
Car lot, with car wash facilities
16.00
Car wash, automatic, per stall
400.00
Car wash, self service, per stall
26.70
Churches
12.00
Cleaners
20.00
Clinics, medical with laboratory and/or X -Ray unit
33.35
Without laboratory or X -Ray unit
12.00
Clubs, lodges without bar or restaurant facilities
8.00
Dairies - installation of water meter required
Dentists' offices, per chair
9.35
Garages, service stations, without wash rack
26.70
With wash rack
53.35
With automatic wash rack
400.00
Hangar, airplane repair
6.70
With washing facilities
33.35
Hospitals, per bed
4.00
Hotels - Establishment providing three or less beds
Per room, ten rooms or less
33.35
Per room, over ten rooms
3.40
Dormitories - Establishment providing sleeping quarters
Containing up to ten beds
24.00
Capacity in excess of ten beds, per bed
1.35
Laundry, commercial self service
Per machine, fifteen pounds or less capacity
13.35
Per machine, fifteen to thirty pounds capacity
40.00
Per machine, over thirty pounds capacity
80.00
Markets, meat (Note 1)
16.00
Medical offices (except psychiatrists & optometrists
Per doctor, base covers first doctor
Additional doctor
6.70
For three or more doctors, apply clinic rate.
Medical offices - psychiatrists & optometrists,
apply standard office rate.
Motels, with light housekeeping facilities (where billing
to assumed by owner) one unit, no charge.
Above base rate in excess of one unit
6.70
Office buildings where single bill is assumed by owner,
the base rate shall apply for the first four
employees, no charge
Office, in multiple office building where individual
Page Three, ORDINANCE NO. 266-75
1.05
.26
111.65
13.40
2.30
10.75
266.00
17.90
8.00
13.40
22.35
8.00
5.50
6.30
17.90
35.80
266.00
4.50
22.35
2.60
22.35
2.30
16.05
1.05
8.95
26.70
53.60
10.75
4.50
4.50
`" -•�� ;-
tenants are billed, (the base rate shall not apply) 6.70 4.50
Building with single office, apply base rate only.
Restaurants, cafes, lunch counters, fountains
For each seat, to and including thirty (Note 3) 1.20
.80
Seating capacity in excess of thirty, per seat .90
.60
Schools, per classroom 9.35
6.30
Shopping centers (Depends on stores included in
shopping center, Note i and Note 2.)
Shops, beauty, per basin 13.35
8.95
Shops, miscellaneous 6.70
4.50
Sleeping room, per room (without facilities for
housekeeping) 3.00
2.00
Stores, dry goods, gifts, variety, etc. 6.70
4.50
Stores, grocery (Note 1) 8.00
5.50
Studios, photo or photo lab 40.00
26.70
Super markets (depends on departments within store,
Note 1 and Note 2)
Theaters, seating capacity 750 or less 40.00
26.70
Seating capacity in excess of 750 (Note 1) 73.35
49.15
X -Ray or .laboratory office 24.00
16.05
Note 1: Additional charge for water cooled compressor
per horsepower or fraction thereof without
recovery unit. 4.00
2.60
Note 2: Additional for other facilities such as
restaurant, beverage dispensary, etc. are at the
applicable use charge for each such facility.
Note 3: When a restaurant serves liquor and has no
separate bar, no additional charge for a bar will
be applied. However, when a restaurant has a
separate bar, the bar stools will be rated at the
over -thirty -stool rate.
Minimum Charge: One month's service.
Special Conditions:
(a) Where more than one customer is served from the same service
line between the City's water main and the customer's premises,
the City
reserves the exclusive right to determine how the Demand Charge under
this Rate Schedule shall be applied and apportioned between said customers.
(b) The Base Rate under this Rate Schedule includes appropriate
charges for providing water supply, pumping, treatment and a minimum
Page Four, ORDINANCE NO. 266-75
a
�i. "� -... ••��Y:I II II!,Si::.°. ___. I. J. J:. I.. ._i Ii�Y�'_ -.. •_• .- w�wnexxn'ea _ _ _ � -_.--^ ��... .I .. _� .._�._s ... +.r.v .�,.r_ _ .y
1 � lIL.1 J91 IS! -I! I II I
,-�
amount of water, and is applicable to all commercial establishments receiving
water from the City.
Cesspool Pumper Charge: $10.00 per dump.
SCHEDULE C - INDUSTRIAL SERVICE
Per Month
Water
Concrete mixing plant $100.00
Concrete products 50.00
Confectioner 33.35
Greenhouse, commercial 33.35
Ice cream plant 50.00
Cold storage plant or lockers 23.35
Additional for water-cooled compressors, per
horsepower or fraction thereof 4.00
Demand Charge. In addition to the above, the
'
following shall be added where the water
'
connection is larger than 3/4 inch:
r�ayy
i" service 0.00
1-1/4" service 12.00
1-1/2" service 20.00
�.
2" service 50.00
Larger than 2" service - By special contract.
n
Minimum Charge: One month's service.
. -
Sewer Charges: Monthly sewer charges shall be set by special contract.
'
SCHEDULE D -FIRE PROTECTION SERVICE
Fire Protection Service No Charge
Special Conditions:
! 4
' --- ;
(a) Water service under this Schedule shall be available, at the
=
option of the City, to "dry type" automatic sprinkler systems for fire
protection only.
f^;
(b) All fire protection lines, sprinklers, pipes and valves on private
Page Five, ORDINANCE NO. 266-15
f
�9L
a
jL
4'
' L=
V__
F
- --- -- ---- ---- ----
^'�"'^.IN" NMI
-
r)
property shall be owned, installed and maintained by the owner
customer.
(c) All connections between the City's main and privatell
facilities will be made at the expense of the customer.
(d) At the option of the City, sprinkler service may be i
meter and the installation thereof shall be at the expense of the
(e) No tap or outlet for use other than fire protection sh
permitted on fire lines or mains, unless approved by the City.
(f) In times of emergency, the right is reserved by the i
turn off any firb hydrant and/or sprinkler system at the diseret
City Fire Chief or other authorized person.
(g) No drains from fire sprinkler systems shell be direr
with the City Sanitary Sewers, and no cross -connection whatsoe
permitted between fine protection facilities connected to the City'
possible sources of contaminated water.
SCHEDULE E - METERED WATER SERVICE
Per Month Per Thousand Gallons
First 30,000 gallons
$ 1.35
Next 170,000 gallons
.92
Next 250,000 gallons
.75
Next $50,000 gallons
.50
Over 1,000,000 gallons
.33
Minimum Charge ,per Month: Under size of meter.
Meter Size Water Allowances for Minimum Charge
Charge
1" 10,000 gallons
$13.35
1-1/2" 25,000 gallons
33.35
2" 60,000 gallons
67.60
Over 2" - By special contract.
The City reserves the right to determine the size of
the meter to be
installed in all cases.
Sewer Charges: Monthly sewer charges shall be set by special contract.
Page Six, ORDINANCE NO. 266-75
r
SCHEDULE F - TEMPORARY MISCELLANEOUS WATER SERVICE
Size of Top, Per Month
3/4" $ 16.00
1" 24.00
1-1/4" 36.00
1-1/2" 60.00
2" 120.00
Larger than 2" - By special contract.
Minimum Charge: One month's service.
"Temporary Service" (service for a period of less than twelve months) may,
at the option of the City, be made available under this Schedule, except
that such temporary service shall be available only once to any customer.
Special Conditions:
(a) Where water connection installation is necessary, service will
be furnished at a rate specified in this tariff, plus all cost of connection
and disconnection, less the salvage value of the material used. Prospective
customers shall be required to pay an estimated cost in advance, adjustment
to be made after work is completed or service discontinued.
(b) Prospective customers shall be required to make a deposit equal
F to an estimated two months billing for service to be rendered.
(e) All plumbing must be installed in such a manner that the entire
system may be protected during freezing weather by a single bleeder.
(d) Fire hydrant use may be permitted by the Fire Department, and
upon payment to the City Clerk of a water charge of not less than;
Per use day 13.35
Per week 66.70
(Actual rate to be negotiated depending upon requirements.)
Sewer Charges: By special contract.
' SCHEDULE 0 - WATER SERVICE FOR BUILDING CONSTRUCTION
Line Size Per Month
` : o Page Seven, ORDINANCE NO. 266-75
w -
i
N
3/4"
$ 6.70
1"
10.70
'
1-1/4"
16.00
�.
1-1/2"
26.70
2"
66.70
i
Larger than 211 - By spacial contract.
CITY OF KENAI
JAMES A. ELSON,
Mayor
ATTEST:
.
Acting City Clark
FIRST READING
b
j
SECOND READING
EFFECTIVE DATE
i
-s
Page Eight, ORDINANCE NO. 260-78
r
�
g,
I
i— _._- `; --- __
CITY OF KENAI
ORDINANCE NO, 267-76
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI
INCREASING THE PRESENT HALES TAX LEVY FROM ONE PERCENT TO
THREE PERCENT, AND DECLARING AN EMERGENCY
BE IT ORDAINED by the Council of the City of Kenai, Alaska:
Section 1. Section 7-25 of the Code of the City of Kenai is hereby
amended to read an fallows:
"SALES TAX LEVY
Section 7-25, There is hereby levied a consumers' sales tax of
three percent on all retail sales, on all rants, and on all services made or
rendered within the City limits within the City of Kenai, measured by the
gross sales price of the seller."
Section 2. Scotian 7-26 of the Code of the City of Kenai is hereby
amended to read as follows:
"OWNERSHIP OF MONIES
Section 7-26. The three percent consumers' sales tax levied
horoln, and all sales taxes collected, are City of Kenai monies, and the seller
is at all times aeeountablo to the City of Kenai for such monies."
Section 3, Scotian 7-27 of the Code of the City of Kenai is hereby
amended to read as follows:
"DEDICATION
Section 7-27. (a) One-third of all revenues of the consumers'
sales tax is dedicated to retire the general obligation bonds authorized at that
certain special election hold in the City of Kenai on the 26th day of May, 1971.
It is the intent of this dedication that the proceeds shall be used exclusively
for the purposes of repaying, retiring or otherwise discharging the City of
the obligations of the bonded debt or obligation assumed pursuant to the
authorization of the special election.
(b) One-third of all revenues of the consumers' sales tax is
dedicated to be applied to the debt service fund, to enable the City to meet its
eash restriction requirements as provided for in various bond ordinances.
(e) Ono -third of all revenues of the consumers' sales tax is
dedicated to be applied against current operating expenses."
Page One, ORDINANCE NO. 267-76
-� Section 4. Section 7-30(a) of the Code of the City of Kenai is
hereby amended to read as follows:
I
"TAX SCHEDULE
Section 7-30. (a) The tax to be added to the sale price, charge
C or rental shall be in accordance with the following schedule:
Price Tax
$0.01 - 0,13 0.00
$0.14 - 0,46 0.01
$0.47 - 0.79 0.02
-.. .Ii $0.80 - 1.16 0.03"
Section S. An emergency is hereby declared; the rules governing
the effective date of this Ordinance are hereby suspended; and this Ordinance
shall become effective the lot day of July, 1976.
CITY OF KENAI
r °
f ' JAMES A. ELSON, Mayor
ATTEST:
-� Acting City Clerk
FIRST READING
SECOND READING
EFFECTIVE DATE
[ 1 i
- . Page Two ORDINANCE NO. 267-75
1
i4
r
1 I
f I
n
148 "
1 i •
I.
S�iii�l�+�_ :ams-_'— r =-="-J ,_ t..•'
LEASE OF
AIRponT LANDS OR rACILITIES
THIS AGREEMENT, entered Into this day of
19,E by and hstwaan tote MY OF Y.ENAI, a Dome -rule municipal corporation
,
of Alaska, hereinafter called "City",and Alarska Aeronautical industries,
lnc;,
( hereinafter called "Lessees, u e orporat ion,
That the City, In consideration of the payments of the rents and
the performance of all the covenants herein contained by the, Lessee, does
hereby demise and lasso to the Lasaee the following described property in the
Kenai Recording District, State of Alaska; to wit:
Counter Space 023 (101 sq. ft.), Office Space ON
(108 sq, ft.) and portion as indicated o! Cargo Space
125 'Building,,
S39 sq, ft,), first floor, Terminal
Kenai Municipal Airport, as described in that certain
dead from the USA to the City of Kenai filed in Book
270, Page 303, Kenai Recording District,
Term: The term of this Lease is -for 5 years,
commencing on the IU) day of Flnv , 192.L, to the --JA"tday of
June , 19.80, at the annual rental w(.4 at gat forth ,h to AN .
• Vavment: Subject to ilea terms of General Covenant No. 10 of
this Lease, Ilia rental specified herein shall be payable as followa:
(a) R19M of entry and occupancy Is authorized as of the 1st
f
`
day of May - 19 75, and the first rent shall be computed from such
i
data until June 30, 19M, at the rate of ;�1:
S_ per day for '
days, equals $960,1 now due.
e
;
e
(b) Annual rent for the fiscal year beginning July 1 and moding
=
June 30 shall be payable in advance, on or before the first day of July of each
year,
-
(e) Rental for any period which is loss than one (1) year shall
4
be prorated, based on tate rate of the last full year.
I
(d) The rent specified herein is calculated as follows:
yea square foot at $ .¢q par square foot per year,
Orf par year until June 30, 1975, and then determined
c.
i
in ecce with Schovule "A",
k
In addition to the rents specified above, subject to General
Covenant No. 10, the Lessee agrees to pay to ilio City fees as hereinafter
{
provided:
(a) Assessments for public Improvements benefiting property In
the amount of $
(b) Applicable taxes to lessohold Interest or other aspects,
(e) Solos Tax now enforced or levied In the future.
(d) Inturost at the rate of ei4lht percent (8°o) par annum on any
j
amount of money owed under this Lease which Is not paid on or before the
data it becomes duo.
(o) Additional charges as sot forth In Schedule A, attached,
i
page One, LEASE Revised 2/19/75
r
;y
r
�9
:=t
The purpose for which this Lease is issued is:
0
cration of passenger station and airline
Nfreight facility.
CENERAL COVENANTS
1. Uses: Except as provided herein, any regular use of lands
or facilities without the written consent of the City is prohibited. This
prohibition shall not apply to use of areas designated by the City for specified
public uses, such as passenger terminals, automobile parking areas and streets
2. Uses Not Contemplated Prohibited: Solicitation of donations
or the promotion or operation of any part or kind of business or commercial
enterprise, other than as specifically set forth herein, upon, in or above
airport lands, without the written consent of the City is prohibited.
3. Impuundinq of Property: Any or all personal or real property
placed or used upon lands or in facilities in violation of prohibitions may be
removed and/or impounded by the City, and when so removed and/or
Impounded, such property may be redeemed by the owner thereof only upon
the payment to the City of W3 costs of removal plus storage charges of $1.00
per day, or $S.00 per day in the case of each building or each aircraft in
excess of 6, 000 pounds gross weight, or in the case of any other kind of
property, an amount not to exceed $5.00 per day, or in accordance with such
higher fear, as may be Incorporated Into regulations of City's Airport.'
p, Commitment for Rent and Non -Assignment: Lessee agrees
to pay the annual rental and fees specified and not to assign this Lease or
any part, nor let, nor nubtet, either by grant or implication, the whole or
any part of the premixes without written consent of this City, which coussont
shall be obtained pursuant to the following procedure: ,
(a) Submittal to, and approval of, proposed lease transfer by
the Kenai Planning Commission.
(b) After approval by the Kenai Planning Commission, final
approval of transfer by the City Council,
Any assignment In violation of this provision shall be void, and
shall be grounds for cancellation of this Lease by the City.
S. Treatment of Demise: The Lessee agrees to keep the
premises clean and in good order at its own expense, suffering no strip or
waste thereof, nor removing any material therefrom, without written
permission of the City. At the expiration of the term fixed, or any sooner
determination of tho Lease, the Lessee will peaceably and quietly quit and
surrender the premises to the City,
6. Payment of Rent: Checks, bank drafts or postal money orders
shall be made payable to site City of Kenai, and delivered to the City
Administration Building, Kenai, Alaska.
7. Construction Approval and Standards: Building construction
shall be neat and prosontable mid compatible with its use and surroundings.
Prior to placing of fill material and/or construction of buildings on a loaned
area, the Lessee shall submit a plan of proposed development of property to
the City Planning Commission which shall be approved in writing for all
permanent Improvements.
Pago Two, LEASE 2/13/75
V_
■
i
o•
The purpose for which this Lease is issued is:
0
cration of passenger station and airline
Nfreight facility.
CENERAL COVENANTS
1. Uses: Except as provided herein, any regular use of lands
or facilities without the written consent of the City is prohibited. This
prohibition shall not apply to use of areas designated by the City for specified
public uses, such as passenger terminals, automobile parking areas and streets
2. Uses Not Contemplated Prohibited: Solicitation of donations
or the promotion or operation of any part or kind of business or commercial
enterprise, other than as specifically set forth herein, upon, in or above
airport lands, without the written consent of the City is prohibited.
3. Impuundinq of Property: Any or all personal or real property
placed or used upon lands or in facilities in violation of prohibitions may be
removed and/or impounded by the City, and when so removed and/or
Impounded, such property may be redeemed by the owner thereof only upon
the payment to the City of W3 costs of removal plus storage charges of $1.00
per day, or $S.00 per day in the case of each building or each aircraft in
excess of 6, 000 pounds gross weight, or in the case of any other kind of
property, an amount not to exceed $5.00 per day, or in accordance with such
higher fear, as may be Incorporated Into regulations of City's Airport.'
p, Commitment for Rent and Non -Assignment: Lessee agrees
to pay the annual rental and fees specified and not to assign this Lease or
any part, nor let, nor nubtet, either by grant or implication, the whole or
any part of the premixes without written consent of this City, which coussont
shall be obtained pursuant to the following procedure: ,
(a) Submittal to, and approval of, proposed lease transfer by
the Kenai Planning Commission.
(b) After approval by the Kenai Planning Commission, final
approval of transfer by the City Council,
Any assignment In violation of this provision shall be void, and
shall be grounds for cancellation of this Lease by the City.
S. Treatment of Demise: The Lessee agrees to keep the
premises clean and in good order at its own expense, suffering no strip or
waste thereof, nor removing any material therefrom, without written
permission of the City. At the expiration of the term fixed, or any sooner
determination of tho Lease, the Lessee will peaceably and quietly quit and
surrender the premises to the City,
6. Payment of Rent: Checks, bank drafts or postal money orders
shall be made payable to site City of Kenai, and delivered to the City
Administration Building, Kenai, Alaska.
7. Construction Approval and Standards: Building construction
shall be neat and prosontable mid compatible with its use and surroundings.
Prior to placing of fill material and/or construction of buildings on a loaned
area, the Lessee shall submit a plan of proposed development of property to
the City Planning Commission which shall be approved in writing for all
permanent Improvements.
Pago Two, LEASE 2/13/75
V_
■
f
r -
L
41 11
li
'1 0. Lease• Renewal P,_c(u%•st Puicedure, Lessee shall within thirty
(30) days hi -fore the expirntiu►►, make applicatoun it) wrilinq for a renev/al,
u-rtifying u►uler oath a . to the chareirter and value of all improvements
1 existing an the land, facilnice;, properties, or interest therein, the purpose
for which such r,?nevi:►I is desired, and such olls-r Infut toation at, the City
may require. The Lea•eo shall drpn,it with such application, the sum
equivalent to one hundred Iwrcent (100".) of the prevailing annual rental or
feen still in effe►a. Such tool lcatIon, when fully confnrininn to the
1' requirements herein stated, will extend the I „:►,u on a month-to-month Irtsis
until such time as the City gives notice to Lessee that:
1
�
sr
t} (a) The request for renewal has been granted.
(h) Tim request for renewal ha,- been rejected, Mating It...
reasons for such rejcc:tian.
j(e)
The City Las determiner) it to bu in the tn-st public int'trwit,
or is required by Law or regulation, to offer Ileo Le -me at a public auction.
(d) That equitable consideration:, require a revision of the
Lease prior to granting a renewal.
t 9. Rjpht of Entrx_ Should default he made Irl the payment of
R- any portion of the. rent or fees when due, or in tiny of tho covenants or
conditions contained in the Lease, the City may re -outer and talie posses,ivn
' of the pr•cinices, remove all persons therefrom, and upon written notice!,
terminate the Lease.
I'
10. )tent Enculatioa: In the event this; Lease is for a terra in
`
excess of five (5) years, the snnuunt of recuts or bases nroacifled herein shall, of
r`
thu option of either party, be subject to renogrii-Men for istsit:ra or et^_{L't •:
- J
at intervals of five ('r) years from the 1st day of July preccdisig the
effective date of this Lease. The amnun: of such reels or fees as renegoli:a eA
shall reflect the then prevailing fair market value of the letatel sold. No
!' increase or decrease in the amount of rents or fee:: shall be Ofective, eye.ept
upon ninety (90) days, written notice.
►
in the event the parties are unable to agree upon the amount of
�! such Increase or decreases, such amount sliall be d,ttermined by three (3)
k
j diointerested persons; one thereof to be appointed by the City Council; one
to be toprointed by Lessoe, fit, rucc:essors or assic►ng; and flirt third to be
chosen by the two (2) persons appointed as aforesaid. The written
I determination of such three (3) persons shall be final and conclusive,
Neither party shall commence legal action without complying with this
provision.
11. Sul IdinqNle ecement Restrictions: No building or other
_
permanent structure shall be placedwithinGlen (10) ftol of tho Loundary line
of any lot held by a Loss % provided, however, that where two (2) or more
t
lots held by the lessee are continquous, the rostriclion in this condition may
I bo waived by written authoritatiun of the City.
o
► 12. Protection of Aircraft: No building nr other permanent
'
structure shnll b� piplacoci within fifty (50) feet of the property line fronting a
- - -
landing strip, tttxiway or apron witlwn t the written approval of the City. This
.
area shall ba used fur parking aircraft only.
t
13. Notieom All written notices required by this Lease or permit
shall be sent by registered or certified mail or delivered personally to the
Page Three, LEASE 3/20/75
f
r -
L
I
J
I
last address of record in lire files of the City.
i4. Offer to Leave Acceptance: The offer to lease is made subject
r; to appiic.rble laws and regulations of City, and nray be withdrawn without
j notice at any time after thirty (30) days from submission thereof, unless within
' such thirty (30) days the Lessee executes and returns the Lease to the City.
15. Underlyinq Title: The interests transferred, or conveyed
by this Lease are subject to any and all of the covenants, terms or conditions
icontained in the Instruments conveying title or other interests to the City.
V 16. Riqht of Inspection: City shall have the right, at all
reasonable times, to enter the premises, or any part thereof, for the purposes
of Inspection,
17. Insurance: Lessee covenants to save the City harmless from
all actions, suits, liabilities or darnages resulting from or arising out of any
acts of commission or omission by the Lessee, his agents, employees, customers,
invitees, or arising from or out of the Lessee's occupation, or use of the premises
demised, or privileges granted, and to pay all costs connected therewith. in
this connection, the Lessee agrees to arrange and pay for all the following:
(a) Public liability insurance protecting both the City and/or
Its agents and the Lessee, such insurance to be evidenced by a certificate
showing the insurance in force. The amount of such public liability insurance
shall have limits not less than those known as
X100 � 000/3300 -000/0.000 �
(b) Lessee agrees to carry employer's liability insurance and
Workmen's Compensation insurance, and to furnish a certificate thereof to
the City.
(c) Insurance contracts providing liability insurance and
Workmen's Compensation shall provide for not less than thirty (30) days
written notice to the City of cancellation or expiration or substantial change in
policy conditions and coverage.
(d) Losbee agrees that waiver of subrogation against the City
shall be requested of Lessee's insurer, arrd sit -ill be provided at no cost to
the City.
(a) Cross Liability: It is understood and agreed that the
Insurance afforded by this policy or policies for more than one named Insured,
shall not operate to increase the limits of the company's liability, but otherwise
shall not operate to limit or void the coverage of any one named Insured as
respects claims against the same named Insured or employees of such other
named insured.
18. Accountina Oblipation: Lessee agrees to furnish the City an
annual sworn statement of gross business receipts and/or an annual sworn
statement of the number of gallons of fuel and all sold and/or any cortificate
or statemont to substantiate the computation of rents or fees, including reports
to other governmental agencies.
19. Collection of Unpaid Monies: Any or all rents, charges, fees
or other consideration which are due and unpaid at the expiration of voluntary
or Involuntary termination or cancellation of this Lease, shall be a charge
against the Lessee and Lessee's property, real or personal, and the City shall
have such lion rights as are allowed by Law, and enforcement by distraint
Page Four, LEASE 2/13/75
LIP
F
111 1 L I I 1 10.111
may be made by the City or its authorized agent.
20. Casement Grants Reserved: City reserves the right to gray
and control easements in, or above the land leased. No such grant or
easement will be made that will unreasonably interfere with the Lessee's use
t� of the land.
1 21. Lease Subordinate to Financinq Reciteirements: Lessee agn
I that City may modify this Lease to meet revised requirements for Federal or
state grants, or to conform to the requirements of any revenue bond eovenan
However, the modification shall not act to reduce the rights or privileges
granted the Lessee by this Lease, nor act to cause the Lessee financial loss.
22. Right to Remove Improvements: Improvements owned by a
Lessee on airport lands shall, within sixty (60) days after the expiration,
termination or cancellation of the lease, be removed, provided that, in the
opinion of the City, such removal will not cause injury or damage to the
lands, and further, provided that the City may extend the time for removing
such improvements in cases where hardship Is proven to its satisfaction;
provided further, that application for extension has been made in writing an
received within said sixty (60) day period. The retiring Lessee may, with
the consent of the City, sell his Improvements to a succeeding tenant.
23. Improvements Left on Leasehold: If any improvements and
chattels having an appraised value in excess of $10,000 as determined by th,
City, are not removed within the time allowed by General Covenant No. 22 or
this Lease, such improvements and/or chattels may, upon due notice to the
Lessee, be sold at public auction under the direction of the City. The
proceeds of the sale shall enure to the Lessee who owns such improvemente
and/or chattels, after deducting and paying to the City all rents or fees due
and owing, and c>:pcn_es.incurred In r.:alcing such sale. If there are no other
bidders at such auction, the City is authorized to bid on such improvements
and/or chattels an amount equal to the amount owed, or to become due to the
City by the Lessee, or $1.00, whichever amount is greater. The City shall
acquire all rights to such property, both legal and eugitable, at such a sale.
24. Title of Improvements on Leasehold to City: if any
Improvements and/or chattels having an appraised value of $10,000 or less,
as determined by the City, are not removed within the time allowed by General
Covenant No. 22 of this Lease, such improvements and/or chattels shall enure
to, and absolute title shall vest in, the City.
2S. Ripht to Adopt Rules Reserved:
(a) City reserves the right to adopt, amend and enforce
reasonable rules and regulations governing the demised premises and the
public areas and facilities used In connection therewith. Except In cases of
emergency, no rule or regulation hereafter adopted or amended by City
shall become applicable to Lessee unless It has been given ten (10) days
notice of adoption or amendment thereof. Such rules and regulations shall
be consistent with safety and with the rules and regulations and order of
the Federal Aviation Administration. Lessee agrees to observe, obey and
abide by all rules and regulations heretofore or hereafter adopted or
amended by City.
(b) Lessee shall observe, obey and comply with any and all
applicable rules, regulations, laws, ordinances, or orders of any governmental
authority, federal or state, lawfully exercising authority over the Lessee or
Lessee's conduct of Its business.
Page Five, LEASE 2/13/75
s
11
7
—
- -- J I.l. .. I �` 4 . �I1111>tl lllll0♦R.! i!lL miS�lfi"�""' - -' '
(c) City sh>.ill nut Ixs liable to Lessee for any dimiusution or
f deprivation of possession, or of Its righsta hereunder, on account of the
I exercise of any such right or authority as Its this Section provided, nor shall
Lessee be entitled to lerminile Use whole or any portion of the Ieasehold
'c estate herein created, by reason of the exercise of such rights or authority,
j} unless the exercise thereof shall sn interfere with Lessee's use and occupancy
s of the leasehold estate as to constitute a termination in whole or in part of
�1 this Lease by operation of law in accordance with the Laws of the State of
Alaska.
26. Aircraft Operations Protected:
1 (a) There is hereby reserved to the City, its usecessors and
assigns, for the use and benefit of the puhlic, a right of flight for the passage
of aircraft In the airspace above the surface of the premises herein conveyed,
together with the right to cause in said airspace such noise as may be inherent
In the operation of aircraft, now or hereafter used for navigation of or flight
In the air, using said airspace of landing at, taking off from, or operating
on the Kenai Airport,
(b) The Lessee by accepting this conveyance expressly agrees
for Itself, its representatives, successors, and assigns, that it will not erect
s nor permit the erection of any structure or object, nor permit the growth of
any trees on the land conveyed hereunder, which would be an airport
obstruction within the standards established under the Federal Aviation
y Administration Regulations, Part 77, as amended. In the event the aforesaid
covenant is breached, the City reserves the right to enter on the land
conveyed hereunder and to remove the offending structure or object, and to
cut the offending tree, all of which shalt be at the expense of the Lessee or
i its heirs,or successors, or assigns.
�\ 1
`j (c) The Lessee by accepting this conveyance expressly agrees
for itself, its representatives, successors, and assigns, that it will not make
use of the s:dd property In any manner which might interfere with the landing
and taking off of aircraft from said Kenai Airport, or otherwise creating an
airport hazard. In the event the aforesaid covenant is breached, the City
�. reserves the right to enter on the land conveyed hereunder and cause ilio
i abatement of such Interference at the expense of the Lessee.
t 27. Lease Offer Incorporated: The Lessee, by accepting this
conveyance, expressly agrees to all the terms and concessions ofo OOffer
th
. for Lease, dated — , under which is was
made available for lease.
20. Right to Enjoyment and Peaceable Possession: City hereby
agrees and covenants that the Lessee, upon paying rent and performing
other covenants, terms and conditions of this Lease, shall have the right to
r quietly and peacefully hold, use, occupy and enjoy the said leased promises.
29. Lessee to Pay Tares: Lessee shall pay all lawful taxes and
assessments which, during ilio term hereof may become a lion upon or which
- - may be levied by ilia state, borough, city or any other tax -levying body,
upon any taxable possessory right which Lessee may have in or to the
premises or facilities hereby leased, or the Improvements thereon, by
reason of its use or occupancy, provided hnwover, that nothing herein
contained shall prevent Lessee from contesting the legality, validity, or
application of any such tax or assessment.
30. Special Services: Lessee agrees to pay Lessor a reasonable
Pago Six, LEASE 2/13/73
3
i
i
s
IL
J
J
s
( elusrge for any special services or facilitint, required by Lessee in writing,
which services or facilities are not provided fur herein.
ij 32, tie I'arinershi) or Joint Venture Created; It Is expressly
(� understood that the City ,dull not be construed or held to be a partner or
�1Joint venturer of Let wfo, in the conduct of business on the domisel premie
and it it, expressly understood and agreed that the relationship between the
parties hereto is, and shall at all times remain, that of landlord and tenant.
33, Default Oankruptcv, etc,: If the Lessee shall make any
1 assignment for the bonefit of creditors, or shell be adjudged a bankrupt, or
If a receiver is appointed for the Lessee or Lessee's at:5e1s, or any interest
under this Lease, and If the appointment of the receiver is not vacated
within five (5) days, or if a voluntary petition is filed under Section 19(a)
of the Bankruptcy Act by the Lessee, then and in any cwcost, the City may,
i upon giving the Lessee ten (10) days' notice, terminate this Lease,
34, forebearance trot Waiver of City's RicLhLo. The acceptance
of charges and fees by the City for any period or periods after default of
the terms, covenants and conditions herein to be performed by the Lessee
shall not be deemed a waiver of any rights on the part of the City to ternsinal
this agreement for failure by the t vssee to perform, keep or observe any
of the terms or covenants or conditions herctof,
35. Reasonable Operations: Thins Lease is: subject tocancellatle
!t if the Lessee does not maintain such operations as the City in its sole divretiun
i shall determine to be reasonable, or if the Lessee fails to maintain a staff
or facilities sufficient to reasonably execute the purpose for which this
Lease is granted,
i 36. Fair Operatienn_ This Leans Is subject to cancollatk n if
1urib�
1 tho Lessee falls tonsueh service on a fair, equal and not unjustly
discriminatory basif, to all uscro thereof, or faits to charge fair, reasonable
and not unjustly discriminatory prices for such unit or service; provided,
that the Lessee may be allowed to make reat,onable and non-discriminatory
• discounts, rebates, or other similar types of price reductions to volume
purchasers,
37. Controls to prevent Discrimination: City reserves the right
to approve all charges and privileges extended to or withheld from the
public, in order to insure reasonable charges rind prevent possible
diacrimination or segregation on the basis of race, color, creed or national
origin, or for any other related reason.
30, Nondiscrimination: The Lessee, for hitssrsif, his heirs,
personal representatives, successors In interest, and assigns, as a part
of the consideration hereof, does hereby covenant and agree as a covenant
running with the land, that in the event facilities are constructed, maintained,
or otherwiso operated on the said property doaeribed in this Lease, for a
purpose involving the provision of similar services or benefits, the Lessee
shall maintain and operate such facilities and services in compliance with
sit other requirements Imposed pursuant to Title 49, Coda of Federal
Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, part 21, Nondiscrimination in Federally -assisted Programs of
the Department of Transportation -- Effectuation of Title VI of the Civil Rights
Act of 1964, and no said Regulations may be amended, That In the event of
breach of any of the above nondiscrimination covenants, Ilia City shall have
the right to terminate Ilia Lease and to re-entor and repossess sold land and
facilities Sharron, and Iwld ilio samo as if said Lease had never been made or
Page seven, LEASE 2/13/75
Issued.
39. Nondiscrimination: Tire Lessee, for himself, Oils personal
representative, surcossurs in interest, and assigns, as a part of the
consideration h^.reof, does hereby covenant and agree as a covenant running
with the land that (1) no person on the grounds of race, color, or national
origin shall be excluded from participation in, denied the benefits of, or
be olherwisti subjected to discrimination in the use of said facilities, (2) that
In the construction of any Improvements on, over, or under such land and
the furnishing of services thereon, no person on the grounds of race, color,
f or national origin shall be excluded from participation in, denied the benefits
of, or otherwise bo subjected to discriminratiun; (3) that the Lessee shall
use the promises In compliance with all other requirements imposed by
or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination
In Federally -assisted Programs of the Department'of Transporation --
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations
may he amended,
That In the event of broth of any of the above nondiscrimination
covenants, the City yhal l have the right to terminate the Lease and to re-enter
and repossess said land and the facilities thereon, and hold the same as if
said Lease had never been made or issued.
40. Partial Invalidity: If any term, provision, condition or
part of this Lease is declared by a Court of competent jurisdiction to he
Invalid or unconstitutional, the remaining terms, provisions, conditions or
j parts shall continue in full force and effect as though such dMaration was
not made.
41. Parol Modifications: It Is mutually urxlorstood and agreed
that this agreement, as written, covers all the agreements and stipulations
beiviaen the parties, and no representations, oral or written, have been
made modifying, adding to, or changing the terms hereof.
42. Warranty: The City does not warrant that the property
which is the subject of this Lease is suited for the use authorized herein,
and no guaranty Is given or implied that It shall be profitable or suitable
to employ the property to such use.
43. Additional Covenants: Lessee agrees to such additional terms
and covenants as are set forth In Schedule B, attached.
IN WITNESS WHEREOF, the parties hereto have hereunto sot
their hands, the day and year stated in the individual acknowledgments below.
CITY OF KENAI
By
Pago Eight, LEASE 2/13/75
I
Ir
STATE OF ALASKA )
THIRD JUDICIAL DISTRICT i
On this 150118y of May 19 75 , before me personally
I appeared Houk ALA, _Mavnnq , known to be the person who
executed the, above Lease, and acknowledged that he ( ) had tho autiwrity
to sign, for the purposes stated therein.
NOTARY PUBLIC FOR ALASKA
My Commission Expires:,;,
i
seprenea to, wfa.
LESSEE AiAsKA Azltoiaunm im, IHC.
off.
,,
nouotoa D. naynos,
rres�aeat
STATE OF ALASKA )
) ss.
TWO JUDICIAL DISTRICT )
i
t
� �
On this day of , 19 , before me personally
.
appeared , known to be the person wl so
t executed the above Lease and acknowledged that he (she) had the authority
! to sign the same, for the purposes stated therein.
NOTARY PUBLIC FOR ALASKA
,
My Commission Expires-. __
ACKNOWLEDGMENT FOR IIUSBAND AND WIFE
STATE OF ALASKA )
eq.
THIRD JUDICIAL DISTRICT )
j
Before me, the undersigned, a Notary Public in and for the Stale
of Alaska, on this day personally appeared
and , husband and wife, both known to be the
persons whose names are subscribed to the foregoing Lease, and acknowledged
to me that they executed the some as their free and voluntary act and deed,
and for the purposes and considerations therein expressed.
'
GIVEN UNDER AIY HAND AND SEAL OF OFFICE, this day
'
of
NOTARY PUBLIC FOR ALASKA
My Commission Expires:
_
Page Nino, LEASE 2/13/75
i
f ��
� L I
t.
-Page Ton, LEASE 3/13/75
1rr 4
k -
It -
l
J
I�
t ,
f
•I�
o • •
___ .
y
.. I L ! _. .. _-. I.L. I I .I !y II.I �IARlNRASI#'�t'^ ' ydNIFO�. i _ ...
16mn:ai '•"'—
CORPORATION ACKNOWLEDGMENT
1
'S
STATE OF ALASKA )
)ss.
F{
{! THIRD JUDICIAL DISTRICT )
1
Before me, the undersigned, a Notary Public in and for the State
'! of Alaska, on this day personally appeared and
known to me to be the persons and officers
t
whose names are subscribed to the foregoing Lease, who being duly sworn,
j
l: did say that they are the President and
+++ respectively, of Company, a corporation,
t
i. and acknowledged to me that they executed said Lease as their free act and
i� decd In their said capacities, and the free act and deed of said corporation,
-
. ! for the purposes stated therein.
j GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
i of , 19
t
NOTARY PUBLIC FOR ALASKA
My Commission Expires:
,
4
i APPROVED AS TO FORM by City Attorney, this day
j� of
r=
i� CITY ATTORNEY
�
-
INITIAL LEASE APPROVED by City Council, this day
of , 19_
1
` -
CITY CLERK
`
ASSIGNMENT APPROVED by Kenai Planning Commission,
this ,_day of 19_
_
ASSIGNMENT APPROVED by City Council, this day
Of . 19,_
CITY CLERK
i
� L I
t.
-Page Ton, LEASE 3/13/75
1rr 4
k -
It -
l
J
I�
t ,
f
•I�
SCHEDULE "A11
(e) Additional Charges
The lease charge shall be determined annually and shall
be computed by dividing the square footage leased by the lessee,
by the total number of square feet of leasable floor space,
excluding hallways,. restroom, and public waiting areas, in the
Terminal Building.
For the purposes of this lease, the fraction so derived shall
be referred to as lessee's Ratio, and shall be computed as follows:
748 square feet leased by the lessee, divided
by ISti058 square feet of leasable floor space, equals
.049 , Lessee's Ratio.
1. Base Charge: The base charge shall be computed by
multiplying the -Lessee's Ratio by the total amount of
expenditures set forth in the City of Kenai's Airport
Terminal Budget for the current fiscal year, but excluding
from that amount the charges foi• the following utility
services:
water
gas
janitorial
garbage
sewer
electricity
2. Utility Charge: A utility charge for the utility
services above described will be charged in addition to the
base charge.and shall be computed by multiplying the
Lessee's Ratio by the total monthly cost to the City of
such services. If any of the above described services are
metered soparatoly or otherwise segrogated'from the total,
the charge for that service will be passed on the amount,
so metered or otherwise segregated.
F
1. Office
i 2. Office
- 3. Office
4. Kitchen
S. Coffee Shop
6. Bar
7. Janitor loom
9
S. Faa Equipment Xoom
9. F AA Equipment-Aspair
lv- Office
11. Fan 2 oom
12. Boiler Zoom
13. Mens loom
14. Woments Room
15. Counter Space
16. Counter Space
17. Counter Space
18. Counter Space
�...•.,,..«,,.,....,..w..... »...,.. ,.. -..»r
19. Office
20. office
� 21. Storage
1 2 •• 3 4 S 18 19 20 21 2.. 22. Office
23. Counter Space
WA 11 24. Office
7 25. Cargo # oom
H w ti . �� 26. Cargo Storage '
26 27 27. Office
28. Counter Space
8 9 •@► 1 29. Up -Stairs Offices
_ 11 12 23 14 . ,
M � _ •
y
K
M
k;'.:
L ,
4
` 4
,I
_f
I
•
C
F
i
1
WINCE - CORTHELL AND ASSOCIATES
P. O. BOX 3.394 • ANCHORAGE. ALASKA 99501 • PHONE 907.274,1843
-zal._ �'•a--+�e+sr-':scd:.d—_•�:^dF's'l..a+:.a..�s.:�.r.IL::w.+iav:..s -=affil aK�..ts�.da
TO C -r-e MAb L- DATE 5.- �.� ----- -
G�----
- L --
GATE _. AV-
T—
al<<_------
... .PAY C
G<<
` tt tt r {A A l ;�-- --
8Y SIGNED_,..-.
__� �•
` .. _ _ Tann NfgJ�TSI OrawYq bwdf --- OdIm, T�„m
IN/f/ Of10N/ f0 //MO[/I IN/TRUCTION/ 10 /[0[/Y[NI
1. 4990 V6L&* / OCPT. /. //NO WHIT/ AND FINN COPI[/ WITH CA//ON INTACT. 1. M■IT[ •[F►T. [. O[TACM /T//. N[[F PIN[ COPE. /[TC[M WN/T[ COFT TO /[NO[/.
1n
f �
m
MINCE-CORTHELL AND ASSOCIATES
F.O. BOX 1041
KENAI, ALASKA 99611
s
i
.J
an
' • ill .I I ! U! Illul ,L1!!M.IIR9 .11111 oil. ' -- .
PERIODIC COST ESTIPATE SUMMARY
► �, DATE May i6, 1975 ESTIMATE NO.
5
PROJECT NAME Airport Security Fencing, Kenai
PROJECT NO. 8.02-0142-02 CONTRACT NO.
CONTRACTOR NAME: Aspeotis Construction, Inc.
- CONTRACTOR ADDRESS: 2701 Blueberry Ra. Anchorage, Ak.
PERIOD COVERED BY .THIS ESTIMATE: FROM 4/22/75 TO 5/15/75
CONTRACT COMPLETION DATE Dec. 1, 1974
ADDITION OR REDUCTION OF DAYS (C.O. NO. 1
THRU ____,,,) None
REVISED COMPLETION DATE
CONTRACT AMOUNT
$ 300,451.28
lYyQW=WDUCTION (C .O. NO. 1 THRU
) -136.50
REVISED CONTRACT AMOUNT
300,314.78
TOTAL' AMOUNT FOR WORK COMPLETED TO DATE
2990840.78
AIWVIA14CE FOR 14ATERIALS ON SITE
+ None {
M SUB TOTAL '
299,,840.78
LESS 5 % RETAINAGE
15,022.56
SUB TOTAL
284,818.22
LESS PREVIOUS PAYMENTS
-. ESTIMATE NO. 1 THRU 4
252,610.6,9
i
W'207.53
AMOUNT DUE CONTRACTOR
- ABOVE IMPORMATION PREPARED BY
MINCE-CORTHELL AND ASSOCIATES
F.O. BOX 1041
KENAI, ALASKA 99611
s
i
.J
an
_-.._,_ _ __. __ ._ _ .�.- • ,_.� .. - � .__. _ "' I ■I 1111 I I J I v-. ._ ..�IInll�lll I
• DEPARTMENT OF TRANSPORTATION
Form Apl.mu[d
FEDERAL AVIATION ADMINISTRATION
Irndle t /lurrrtu .La. 04-1100011
PERIODIC COST ESTIMATE
PAGE 1 of 1 PAGES 2
1. SPONSOR'S NAME AND ADDRESS
CITY OF KENAI
S. PROJECT NO.
P.O. BOX 580, KENAI, ALASKA
ADAP 8-02-011 9-2
j
6. ESTIMATE NO.
2. oFFKE�NAI 14UNICIPAL AIRPORTAL NAME AND LOCATION OF
5
KENAI, ALASKA
7.
7• PEAIOQ ENDING
MRY 15, 1975
S. CONTRACTOR'S NAME AND ADDRESS
ASPEOTI3 CONSTRUCTION, INC.
U. DATE ESTIMATE PREPARED
14ay 16, 1975
2701 BLust$rmt ROAD, ANCHORAGE, ALASKA 99503 9• PERCENT OF PHYSICAL.
4. DESCRIPTION OF WORK
COMPLETION 99.98
10 SPONSOR'S CONTRACT NO.
NA
_
Clearing, (trading, Drainage, Seeding, Install it. AMOUNT OF CONTRACT
Signs and Construct Chain -Link Fence.
$ 300.314.78
12. COMPLETION TIME (Indicate
p
Revised work or eat endiu dnye)
July 1. 19711
18. DATES14,
NO. OF DAYS CONTRACTOR IS
A. WORK TO START D. WORK STARTED C. COMPLETION DUE
D. EST. OR ACT. COMP. AHEAD IN ARREARS
1
agd X2.1975 April 22, 19751 Extended
As As Extended . XX I
15. BREAKDOWN OF PERIODIC COST ESTIMATE (It additional space
Is required, use continuation shoot, PAA Form $100-9)
ITEM LATEST REVISED DETAILED
ESTIMATE WORK PERFORMED TO DATE
NO. DESCRIPTION OF ITEM
QUANTITY UNPER
IT PRICE
(a) (b) (o) (d) (e)
AMOUNT OVANTrTY AMOUNT CENT
(0 (R) (h) (I)
1 Clearing 1 Job L.S. 109000
10,000.00 100% 10,000.00 100%
2 Remove Fence 485 L.F. 4.50
29182.50 1185 2082.50 100%
3 3rading Fence Line 1 Job L.S. 7,000
71,000.00 98% 6,86o.00 98%
4 24x18 Post Mtd 13 Each 87.88
11,142.44 13 1,142.44 100%
r -Signs
5 24x18 Fence Mtd. 43 Each 41.28
11,775.04 43 19775.04 100%
- signs
6 9x8 Fence 14td. 13 Each 33.60
436.80 13 436.80 100
Signs
- - 7 Ebnbankment 698 C.Y. 4.50
3041.00 698 3,141.00 100%
8 ropsoiling 1312 S.Y. 1.25
1,64o.GO 1312 1,640.00 1oc)%
16. CERTIFICATION ON CONTRACTOR — 1 HEREBY CERTIFY that
the work performed and the materials supplied to data, as
shown an this periodic cost estimate, represent the actual value of accomplishment under the terms of this contract in cooe-
formatr with approved plans and specifications) that the quantities shown were properly determined and are correctl and that
there hes been full compliance with all labor provisions included in the contract identified above, and In all subcontracts
- meds under that contract.
.. - DATE
May 16, 1975
CONTRACTOR'S NAME
ASPLOTIS CONSTRUCTION, INC.
By J TITLE
PETE ASPEOTIS, PRESIDENT
SIGNAT
�1�•
17, CONCURRENCE AND CERTIFICATION OF SPONSOR'S ENGINEER — i have examined thlorperiodic cost estimate, and
concur In the certificate of the contractor and certify that the materiels used and the construction accomplished meet the
_ requirements of the plans and specifications, as evidenced by certified
test and inspection reports included in the project
OATBa(IrAA�
M�, / ' I ) ' Q "1 ` I SIONATURE, Si'ONSOR•8 ENOINEER"��
FAA Fenn $100.8 om) SUPERSEDES FAA FORM 1629 10 / U
4f
J f
f I
FAA Fong 5100.9 IT•Tol SUPERSEDES FAA FORM 1629A CPO 094- 300
_i
r I
f�
k
f
A
A
•
•
DEPARTMENT OF TRANSPORTATION
Form AppriN•ed
FEDERAL AVIATION AWINIST RATION
Budget Ifurrou No. 04•R000R
r
PERIODIC COST ESTIMATE
PAGE
OF PAGES
(Continuation Sheet/
5. PROJECT NO.
ADAP 8-02-0142-02
Print or
types data requested. Instructions which appear on the
reverse side of FAA
_
`
Force SIMS are applicable. Items and columns on this form correspond to those on 6. ESTIMATE NO.
5
FAA Form
51004.
1. NAME OF SPONSOR
2. OFFICIAL NAME OF
AIRPORT
CITY OF KEHAI
KENAI MUNICIPAL ATRPORT
15. BREAKDOWN CP
PERIODIC COST ESTIMATE
ITEM
LATEST REVISED DETAILED ESTIMATE
WORK
PERFORMED TO DATE
NO.
DESCRIPTION OF ITEM
QUANTITY UNIT
PRICE AMOUNT
QUANTITY
AMOUNT CENT
(a)
lh) (c) (d)
(e) (f)
(t;)
(h) (1)
9
Fertilizer 350 abs.
.25 87.50
350
87.50 10np
10
Seeding 30 ;bs.
6.00 180.00
30
180.00 100%
11
36 -inch CMP 30 L.F.
41.25 19237.50#
30
1,237.50 100%
12
18 -inch CMP 24 L.F.
29.00 696.00#
24
696.00 100%
13
Culvert Trash Rack 1 Each
300.00 300.00
1
300.00 100% _
14
Chain-link Fence 29600 L.F.
8.65 256,040.00
29600
256,040.00 l00%
15
Driveway date 10 Each 1287.00 121,870.00
10
12,870.00 100%
20 Feet
16
Walkway bate 1 Each
632.00 632.00
1
632.00 100%
6 not
17
Walkway Gate 1 Each
62o.00 620.on
1
620.00 10:°
Totals
299,980.78
2990840.78
Amended W Change Order No. 1
b
4f
J f
f I
FAA Fong 5100.9 IT•Tol SUPERSEDES FAA FORM 1629A CPO 094- 300
_i
r I
f�
k
f
A
1. .ei.
WINCE • CORTHELL $ ASSOCIATES
• CONSULTING ENGINEERS
P.O. Boit 3.393 271•I043
�1 AMMIAOE, ALASKA
6 99301
i
Apr I1 11, 1975
City of Kenai
Box 580
Kenai, Alaska 99611
Subject: Engineering Services
ADAP 8-02-0142-02
Gentlemen:
Please consider this our invoice for payment in the amount of $3,000.00
as provided in Section G. Item 1, of our contract dated February 17, 1975•
Preliminary Design $3,000.00
1 certify that this is a true and correct charge and that no payment
therefor has been received.
WINCE - CORTH LL ssoc.
sJ
Alan N. Corthell, P.E.
ANC/swc