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HomeMy WebLinkAbout1975-06-18 Council PacketKenai City Council Meeting Packet June 18, 1975 COUNCIL. MEETING OF June 18, 19.7 j/ � Q^ tj STEINER THOMAS ��0- AMBARIAN t *AV qq _y� �j `'j Ll DOYLE (AG- HUDSON �')C (/ (�w ° `In y q y q y Ll y 11 14 v � VI MORGAN '� %1 � 'LII "�° s �% y VI r I q )I q ELSON L% q 1'I q Ll �'% I q t� , F L F A k s COUNCIL MEETING OF Jv i ti Ix 1 ila I 4 q I • - - - ■ .li II I i .•., w.. ,.h _........ s._,o _--cd•r.__. _ - _._�_ s__S>- :.- .�.- a. `fit..._ -_. --: _ __ :{.=--c_��,,r;T--..,--.� _._._. __ _ _ -- _ A G E N D A REGULAR MEETING, KENAI CITY COUNCIL JUNE 18, 1975 - 8:00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE i A. ROLL CALL: j AGENDA APPROVAL B. PUBLIC HEARINGS i 1. Mr. Chester H. Cone - Gravel Pit Expansion '! 2. Mr. Robert L. Borgen - Gravel Pit Expansion 3. Existence of Public Nuisance 4. Ord. 265-75 - Amending definition of "Taxicab" and establishing size and body style restrictions for taxicabs. S. C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. 2. 3. D. MINUTES 1. Minutes of the Regular Meeting of May 21, 1975 y 2. Minutes of the Regular Meeting of June 4, 1975 ' E. CORRESPONDENCE 1. 2. F. OLD BUSINESS " 1. Resolution 75-24 - Fixing Taxicab Rates for the City of Kenai. 2. Council Approval - Sale of FAA Housing Inventory 3. Council Approval - Final Plan . Kenai City Library 4. Payment to Engr. Consulting Firm - Airport Lighting Project �{ S. Payment to Engr. Consulting Firm - Airport Fencing Project i • 6. Payment to Engr. Consulting Firm - Airport Fencing Project 7. Wildwood Police $ Fire Contract 8. ':.. 9• 10. G. NEW BUSINESS 1. Bilis to be paid - bills to be ratified ` 2. Resolution 75-28 - Intrafund Transfer 3. Lease of Airport Lands Or Facilities - Sea-Land Freight Service,Inc 4. Final payment to contractor - Airport Fencing Projecf • S. Approval of Council - Purchase of repair parts for Loader. • 6. Confirmation of appointment of new City Attorney 7. Council approval - Library construction grant agreement `. 8. H. REPORTS 1. City Manager's Report } ' 2. City Attorney's Report 3. Mayor's Report . ----- 4. City Clerks Report S. Finance Director's Report 6. Planning 8 Commission's Report 7. Kenai Peninsula Borough Assembly's Report i I. PERSONS PRESENT NOT SCHEDOLED TO BE HEARD C" 2. 3. i y i I I JA Yu lI __,.,_,.,-- �... r c.��,rwae��uwywr■:11 -- -- ----- J. i Additions to the Agenda: C: Persons Present Scheduled to Be Heard -. r - I C-1 - Mrs. Francis Meeks - City culverts E: Correspondence E-1: Mrs. Mary E. Willets G: New Business G-8 - Resolution No. 75-29 - Schedule of fines $ charges for Kenai Community Library G-9 - Lease of airport lands or facilities - Raven Transit G-10 - Lease of airport lands or facilities - Robert Britt + G-11 - Council approval - sale of surplus and unclaimed vehicles 4 G-12 - Kenai City Development, Inc. Annual Shareholders Meeting j Representation of City by Mayor - Council approval f I I - bo F_11"_ """'.�-�-'��y �u•i`1.:,t�i�',l`rl:7tir���i`�"�1'1C�'�'";�'7hrifiii: "}"t'.�;.�,�;��.�-_�._F_.. _.. _ -- - � -�. _. -..� - - ' . _:.. , � �!�.^. '�-� -- ' '� • KUNAI PLANNING ti ZONING COWIISSION 7:00 P.M., CITY MANAGE'R'S 01:1'ICI: JON NELSON, VICE-CIIAIRMAN PRESIDING ,..� ROLL CALL: Members present - Cliff Heus, Harry Gaines, Beverly Fillio, Nels Kjelstad and Vice Chairman Jon Nelson Also present - Roland D. Lynn, City Manager; Phil Aber, Public Works Director; Edward Ambarian, Ex -officio Member; and Iloward Hackney, Building Inspector. Members absent - Ron Malston and Betty Glick. ITEM 2: Approval of Minutes, April 9, 1975 Beverly Fillio moved and Cliff Heus seconded to approve the Minutes of -April 9, 1975, as distributed. There were no objecti.ont! and was so ordered. ITEM 3: PUBLIC HEARINGS (a) River Bend Sand $ Gravel - expansion of gravel nit Vice Chairman Jon Nelson asked that those who wished to be heard be recognized by the Chair, and identify themselves before speaking. Vice Chairman Nelson called on Bob Borgen, the developer to speak first. Mr. Borgen stated he submitted a proposal to expand the pit that is there. He has purchased approximately GO acres and wants to develop 27 acres on the north and westerly corner. There will be a 100' of screening fronting Beaver Loop and will not be seen from the road. The pit will be developed according to regulations and will be worked in an orderly manner. Vice Chairman Nelson asked if certified letters had been sent to property owners within 300' of the described property. The Clerk reported certified letters were sent out on both pits and the return receipts were returned. John Oldemeyer asked when the gravel pit was last used. Mr. Borgen stated that he couldn't say. It had been smoothed over and moved to a new location. Mr. Oldemeyer stated the area is zoned rural residential, and can a gravel pit be in this zone. Chairman Nelson stated it can be in rural residential if a conditional use permit is granted. Roger Meyer spoke in favor of the gravel pit. He makes part of his living this way. There are not seven pits in operation. It is too expensive to haul from Soldotna. Gordon Gifford is opposed to any more gravel pits. He brought property and don't want to drive through or live by a gravel pit. I F __._- - ! F R,... KBNAI�PLANNING t, sZONING COMMISSION Mri'TINGJI�A.--IZil. 23 , l9�7 �S - Page two • Public hearing - Gravel pit - continued Esther Horgen spoke against the pits as there are seven pits now and don't need another one. Nick Miller stated he lives on Beaver Loop in the rural residen area and wants to see it stay that way. Janet Bailey is opposed. She has children and the trucks :!i•c a hazard. Hilda Plagge stated she is against and don't want trucks up and down the road. Mr. Oldem Byer felt 100' buffer is not wide enough and the City 1 demonstrated no need for an additional pit. Vice Chairman Nelson stated this is private enterprize. - Waldo Coyle stated we have a gravel pit that is not to the bott4 and it is well screened. Dr. Nickel stated he is contemplating buying a home in the area and would like some assurance the children would be safe from trucks. Ile doesn't want to he surrounded by pits as it would lower the property value. ` Eugene Morin stated he has five acres and wants to sell. His f acres does not have mineral rights and wonders if the other do have. Gravel pits devaluate real estate. Ernie Knackstedt stated this pit was opened by mistake by the Road Commission and hasn't been used since 1950. There are enough gravel pits in the area. Phyllis Morin asked where the road comes out and Bob Borgen showed the access road on the mar. A Mrs. Dipple stated this pit is very close to us and we don't ne, _ anymore pits. A prospective buyor heard about these hearings ai this changed the aspect. Carolyn Nickel stated she has three small children and don't wai the gravel trucks running by. Mrs. Lofstedt stated she didn't mind a pit as long as there are trees between it and the road. Roger Mayer stated there seems to be a doubt on the need for gravel There are already trucks going up and down the road. Vice Chairman Nelson read a letter from Loretta Knackstedt. She has no objections to either gravel pit if there are some restrict- ions such as a 300' screen,safeguard of water wells, no asphalt or rock crushing operations, pits be gradually sloped, pits open Monday thru Friday from 8:00 A.M. to 5:00 P.M. and to take into consideration the condition of the road and the damage which could ; occur with heavy traffic. F-7 s ICENAI Public PLANNING t; ZONING ('OP•IPIlS5ION PII:I•: AW, APRIL 231 1975 Page three Ilvaring - Gravel pit - continued. Chester Cone spoke in behalf of the gravel pit if the operations r . are properly conducted. Vice Chairman Nelson closed the public hearing and reconvened the meeting. Nels Kjelstad stated it might be worthwhile to have second hearing and then decide. After some discussion, Cliff Heus moved and Beverly Fillio .- seconded the conditional use permit for River Bend Sand $ Gravel be denied. - After more discussion; Cliff Heus moved and Beverly Fillio i seconded to table the motion until after the next public heariaa There was no objection. (b) Chester H. Cone - expansion of gravel pit I Mr..Cone went over his proposal. The trees, overburden and topsoil' would be removed and disposed of as required by law. The gravel will be removed to a depth approximating the average water table. The top soil would be stockpiled and returned and the land re- stored for future development.. Ile will comply with gravel extraction and mining regulations. The quality of the gravel is "classified material" and not "barrow or fill". He will protect the neighboring properties. He stated there several exhausted and they Tf pits are unsightly. a major job was let it would deplete these two pits and Coyle's. Ruby Coyle asked what distance is tbore between the gravel pit and her property. Mr. Cone stated 300' and was shown that this was 1 so on the plat. k.. Phyllis Morin asked if they were going to make concrete there and Mr. Cone replied they were not. Carolyn Nickel asked if a time limit of 8:00 A.M. to 5:00 P.M. " would be acceptable to Mr. Cone. Mr. Cone stated yes, except for - Saturday. - Roger Meyer stated he is in favor of the gravel pit as there is t a need for gravel. Bob Borgen stated that whether he gets his permit or not he is .—: in favor of this gravel pit. He does a neat and orderly job. '.---.= Janet Bailey stated she is opposed to any more gravel.pits. �. Gordon Gifford is opposed. Hilda Plagge is opposed. 4 Daniel Knackstedt stated he is not opposing if there are certain -�� restrictions. ' Ernie Knackstedt is opposed. —1 A111 T. cT All I 1 ' KFNAI PLANNING ZONING COMMISSION MEIA'1NG, Allltll, 7.3, 1075 Public Hearing - Gravel pit - continued ITEM 5 (b) !I Page four Dick Swanson stated he is in favor of Mr. Cone's pit. Esther Borgen is opposed. John Oldemeyer stated the pits are unsightly and detracts from the value of land. Mrs. Lofstedt stated she is not opposed as long as it does not deface property. Nick Miller is opposed. Vice Chairman Nelson closed the public hearing and reconvened c meeting,.. N . ?_344f-f-4-14" .�r-n'�- �/ .c� moved and seconded the conditional use permit, Chester Cone, be denied. Ed Ambarian stated he is an ex officio member and has no vote. He doesn't disagree with the way Mr. Cone works but would rather see more homes. No one has been held to the letter on finishing; the pits. Nels Kjelstad stated the objections have been based on looks and esthics. Look at it as being able to build roads and streets. The City is now trying to find gravel. I£ these people are denied, they have a chance at a later date. The City Manager stated some uses can be compatible. Maybe some of the area should be rezoned. The rights of everyone should be protected. Maybe a solid study should be made, review available material, have an on-site survey and give Administration time to prepare sound regulations. After some'discussion,--the motioh for denial for conditional use permit • River Bend Sand &, Gravel carried unanimously by roll call vote. The motion for denial for conditional use permit - Chester Cone carried unanimously by roll call vote. Vice Chairman Nelson advised the men that this is only an advisory Commission to advise Council. B.O.B. Corporation - Mobile Home Park There was no objections to hearing this item at this time as Mr. Dow has a 9:00 P.M. plane to catch. Mr. Bob Dow, President of the B.O.B. Corporation, spoke of the proposed mobile home park locatdd in Momsen S/D by Wildwood. This will be a two year project. The trailer spaces will be 50' by 1.50' and ther will be parks, places to park snow machines, N F CITY OF KENAI NOTICE OF HEARING ON EXISTENCE OF PUBLIC NUISANCE The City Manager of the City of Kenai has submitted to the City Council a statement as to the existence of a public nuisance, as defined by Section 12-2 of the Code of the City of Kenai, on the property as described below. NOTICE IS HEREBY GIVEN, that a hearing on the existence of such public nuisance will be held on the 18th day of June, 1975. At that time all inte-rested parties may present evidence as to the existence or non-existence of the alleged public nuisance. Upon the conclusion of the presentation of all the evidence, the Council shall determine whether or not a public nuisance does in fact exist upon such property, and shall make such orders as to the abatement of the nuisance as it may _. deem proper. If the nuisance is ordered abated, any costs incurred by the City ` in abating the same shall be charged to the property owner, and shall be levied and collected in the same manner as property taxes are levied and fi collected. The properties are as follows: A- PROPERTY DESCRIPTION PARCEL NO. OWNER Lot 21, Block 16, Kenai Townsite 47-092-21 Forrest Fuhr ' Lot 6, Block S. Kenai Townsite 47-11S-06 Harold Anderson -- -- Gov't Lot 170, Sec. 31,T6N, R11W,SM . 043-170-1300 Sam Benn Lot S, Block 4, Kenai Townsite 47-114-05 Mary Oskolkoff Lot 4, Block 4, Kenai Townsite 47-114-04 Vernon Collins = Lot 8, Block 5, Kenai Townsite 47-071-08 Alfred Ivanoff k -> i i. d' 't -i A- A� oil I III I Hill 2 L PROPERTY DESCRIPTION PARCEL NO. OWNER Lot 2, Block S, Kenai Townsite 47-115-02 Mrs. Ben Grotecloss Lot 16, Block S, Kenai Townsite 47-071-16 Mrs. Doris L. Walkowski BLM Lot #167, Sec. 31, T6N, R11W,SM 043-170-1000 i Vernon A./Shirley; J. Roggow Lot 3, Block S, Kenai Townsite 47-115-03 Industries, Inc. Lot 2, Block 15, Kenai Townsite 47-091-02 Isan Hilleary Lot 3, Block 1S, Kenai Townsite 47-091-03 Isan Hilleary Lot 13, Block 16, Kenai Townsite 47-092-13 Solie & Karl Stohl Lot 2, Block 2, Kenai Townsite 47-112-02 Peter LaBate $ L.Eugene Williams Lot 18, Block S, Kenai Townsite 47-071-18 Mrs. Helen Simpson DATED: At Kenai, Alaska, this 6th day of May, 1975. M `r Clerk L June 8, 1975 M inforetal note to ipmes x1tioa, Mayor of Kenei. rmr'-0-? tast in,-,etiaj; of ti:t'• if or's3 Cor'i'!i3.LLae on i{:i.strory and Tradition, 1 a report from thu Pianni.!j; wil Zoning Co" ---A E--nion indicated thz :.:eel 09 z uRms for the Drive that wouM i w --M ft-,xa J,. aAmlated hi 17ea-ai Spur and Snaver Loop - to the Kenai P.iver BridZe and rece'trly »-ppro%,ej- con,.er- vatinl in order for the M,-! uay Departricat to rrC.-ar a ziv—n tv ":tri: Cit'? RLt! .=--- aectica, a txzs-=e must io,_> sake si.1, _:e iln-a ::,i3 no pricer d incuaaitc:t of this, W1 Po 11.9t. of ni:m s r,acly, itv4as £12#�?Stv'� th. c '�'i u (--- a i - . :f Y" l.Z;:`. be tine s•tctpla solution.. Reloted, as it is, to tue "Conserv_^.tio:, 7.00•: Or31- narce,".it is cartai.nly not Ineppropriate. • Tiviever, relevant dit. cushion for L;c-vcrsl �H June 8, 1975 M inforetal note to ipmes x1tioa, Mayor of Kenei. rmr'-0-? tast in,-,etiaj; of ti:t'• if or's3 Cor'i'!i3.LLae on i{:i.strory and Tradition, 1 a report from thu Pianni.!j; wil Zoning Co" ---A E--nion indicated thz :.:eel 09 z uRms for the Drive that wouM i w --M ft-,xa J,. aAmlated hi 17ea-ai Spur and Snaver Loop - to the Kenai P.iver BridZe and rece'trly »-ppro%,ej- con,.er- vatinl in order for the M,-! uay Departricat to rrC.-ar a ziv—n tv ":tri: Cit'? RLt! .=--- aectica, a txzs-=e must io,_> sake si.1, _:e iln-a ::,i3 no pricer d incuaaitc:t of this, W1 Po 11.9t. of ni:m s r,acly, itv4as £12#�?Stv'� th. c '�'i u (--- a i - . :f Y" l.Z;:`. be tine s•tctpla solution.. Reloted, as it is, to tue "Conserv_^.tio:, 7.00•: Or31- narce,".it is cartai.nly not Ineppropriate. • Tiviever, relevant dit. cushion for L;c-vcrsl dssjsn t 14or-:. co-tt:?uni t:'. utvu;::i, tkat recAdents, and even the roet ardent conservationlors Oitnd, in ?.,-,neral agrepvent that, due to the often vnfavoxrihle -- end ; .•nnxall; Connotation of tho word, 11conservation,11 as Seiug vpoo34: to R ` COMWIMit, development, an alterratc same snculd be. conol-lared. True, the area will provide sano.tunry for etear:tn; water fatal ani otbd-r v4.14— t 3tf.►• '3ttr ttlPrP fa t+lse t11N histari.e flih_F of Fha PAxt Indian vill=..ge with Y UP old cemetery, Oich fs of concern to lot=a:1, state and natioxil. hisLoxical groups. "Birch lelaad" i9 often used to designate the area, particularly a-• mans long.-ts.me regii.ecaltss. rollayrtnn tn� onenin— of the Te 1 !aver 3rilge fqr ublic uea, the Hig;raay Department plac:, to erect n :Uztcricul Roadside - " marker to relate the siamificnance of tae cr, s. if "Sanctuary" r,>iy b -came "+iavaej." may tra I --o,, i' rr�l. Can Tclz.nd and «Cr ck•: = ; !f th at. i�it'�C t *�r�...�:3 3 t�3 ts5- , ..^ Corsiittsr�aL�;1�,1y 1:a!>uc�,:alti wu C,a :+s:.0 for ye x--% to cc•°t�. It _ F v s We ho,,,,-- yoti, Mr, MiYcr; m2rbf'rF of the City Collnell; of 'PI Linn, as I. -Yell ac cU -I--- CiL7 r="w -'-!d zollirg Coaspica; and C ndit .11m, r -el, Ill have been r..'O cnoperad.ve In uaktti- thi--- long-plmmud Bicenteani3j C2 w:ojnt a realitY, lire this hu-Zested naniin, for the connecting "drive." C. We appreciate cooperation of Kstard Pc-: Arida L4orwj,'t 0 9 --aa T.-,o:Vuua, Ol _ mamb=3 of buth the Arucibly ;M.d th,.;, Porot,,-,h'3 P::.=,ilwl vm-j Zvnit%; for advice and wwideral;iv,". How veru grateful we are for ),cur courtesy :.Ud t-,•�;e YLia".-L 611 6.* -If;. -.V.* <z 1, Q!", V.. co=idr.,rt.d cour v&riorn peztitims for approval. Sincerely, r r-, 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 is not certificated by the Alaska Transportation Commission, and which to 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 provisions of this Chapter on the effective date of this Section. L CITY OF KENAI r�. I i ATTEST: t Acting City Clerk JAMES A. ELSON, Mayor FIRST READING 41. I9 7.6- SECOND .SECOND READING I PASSAGE DATE i y f k ` FY i I' I I ' - - � .- _ - _- !. _-., .I .11.6 I •a ^- I s 1 N� U 1 311.1 61 .11 .I. II -- .-[ �. AGE NDA REGULAR MEETING, KENAI CITY COUNCIL May 21, 1975 - 8:00 P.M. PUBLIC SAFETY BUILDING p� I ' l PLEDGE OF ALLEGIANCE f A. ROLL CALL: AGENDA APPROVAL B. PUBLIC HEARINGS: 1. Ordinance 263-7S - Providing for penalties for violation of Airport rules and regulations. 2. S. 4. C. PERSONS PRESENT SCHEDULED TO BE HEARD: 1. Oscar Thomas 2. S. D. MINUTES: " 1. Minutes of Regular Meeting of May 7, 1975. B. CORRESPONDENCE: 1. 2. J F. OLD BUSINESS: 1. 2. • 3. ' 4. I. I- G. NEW BUSINESS: 1.• Bilis to be paid - bilis to be ratified. 2. Ordinance No. 26S-75 - Amending the definition of "Taxicabs" and establishing size and body style restrictions'for taxicabs. ' 3. Resolution No. 7S-24 - Fixing Taxicab rates for the City of Kenai. 4. Resolution No. 7S -2S - Establishing a bond cash investment pool. S. Resolution No. 7S-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. Ordinance 266-7S - Water/Sewer Rate Increase 10. Ordinance 267-75 - Sales Tax Increase " ,_..._. 11. Naming of new bridge 6 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 iS. Payment to Engineer Consult. Firm - Airport Fencing Project r H. REPORTS 1 1. City Manager's Report ' ^ 2. City Attorney's Report J 3. Mayor's Report ! 4. City Clerk's Report S. Finance Director's Report ' 6. Planning f, Zoning Commission's Report 7. Borough Assemblyman's Report ! I. PERSONS PRESENT NOT SCHEDULED TO BE IIEARD: r I t. I ! i� P ( •i t d i • I cl I MINUTES REGULAR MEETING KENAI CITY COUNCIL ® MAY 21, 197S - 8:00 P.M. i 7 PUBLIC SAFETY BUILDING The Council gave the Pledge of Allegiance ROLL CALL: Members Present: A. L. Hudson, Richard Morgan, H. J. Steiner, Oscar Thomas, Edward Ambarian, and James Elson. Members Absent: James Doyle AGENDA APPROVAL: There were no objections to the addition or deletion of the following items to the agenda. B-2 - Delete Appeal of Chester H. Cone B-3 - Delete Appeal of Robert-1. Borgen . C-1 - Add Oscar Thomas G-9 - Add Ordinance 266-75 (Water/Sewer Rates) G-10- Add Ordinance 267-7S (Sales Tax Increase) G-11- Add Naming of new-bridge & access road i G-12- AAI - Lease of airport lands or facilities G-13- Conneil approval - FAA housing furniture disposal " G-14- Pmt. to contractor - Airport Fencing Project G-1S- Pmt. to Engr. firm - Airport' Fencing Project B: PUBLIC HEARINGS B-1: Ordinance 263-75 - Providing for penalties for violation ` of Airport rules and regulations i City Attorney, C. R. Baldwin, recommended to the Council that Ordinance 263-7S be amended by deleting all of i :. Section 1 (Regulations of Airport) as this section appears in different form in the present Code. ! Councilman Steiner moved, seconded by Councilman Thomas, .. for adoption of Ordinance 263-7S as amended by the deletion of Section 1. " - The motion carried by roll call vote. Voting yes; Hudson, Morgan, Steiner, Thomas, Ambarian, Elson. { C: PERSONS PRESENT SCHEDULED TO BE HEARD -- C-1: Mr. Oscar Thomas Mr. Thomas advised that Kenai Utility Service Corporation was intending to immediately file for a request of "rate relief" with the Public Utility Commission. The exact amount of this request had not yet been determined. I MINUTES, KENAI CITY COUNCIL, MAY 21, 1975 PAGE 2 D• B. MINUTES Minutes of the Regular Meeting of May 7, 1975 There were no objections to the following amendments to the minutes of the meeting of May 7, 1975: 1. Regarding the proper purchasing procedures -- the materials in the fence could not be purchased without following proper bidding prose ures. However, the fence can be purchased as a unit without following such procedures. (See page 3) i 2. Regarding the motion by Councilman Steiner, seconded by Councilman Hudson -- should read as follows:,(Pg. A) "......that Council go ahead and authorize $5,000 as payment on account at this time without any conditions a and upon receipt of BOR funds, the additional $7,000 will be paid contingent upon free title in exchange." ► i The minutes were approved as corrected. ° s CORRESPONDENCE There was no correspondence presented to Council. OLD BUSINESS There was no old business to come before Council. NEW BUSINESS Bills to be paid - billb to be ratified Councilman Morgan moved, seconded by -Councilman Thomas,. that authorization by the City Council be given for payment - of the bills as presented. The motion carried by roll call vote; Voting yes; Hudson, Morgan, Steiner, Thomas, Ambarian, Bison. Ordinance No. 265-75 - Amending the definition of "Taxicabs" and estaD1%SninR size and body style restrictions for taxicabs City Attorney, C. R. Baldwin,' emphasized that this Ordinance clearly defined that a taxicab can only be a sedan and not a bus. Councilman Steiner moved, seconded by Councilman Hudson, for introduction of Ordinance No. 265-75. Motion passed unanimously by roll call vote. J MINUTES, KENAI CITY COUNCIL, MAY 21, 1975 Page 3 G-3: Resolution No. 7S-24 - Fixing Taxicab rates for the City of Kenai. ` This Resolution for an increase in taxicab rates was recommended by the Kenai Public Vehicle Commission. Council noted that there appeared to be some inconsistencies in the rates as presented and instructed the City Attorney to adjust the discrepancies accordingly. Councilman Steiner moved, seconded by Councilman Ambarian, to table Resolution No. 75-24 until the Resolution has - been corrected as requested by Council. Motion passed unanimously by roll call vote. G-4: Resolution No. 75-25 - Establishing a bond cash investment Fool Finance Director, John O'Connor, requested this resolution so that the City of Kenai is in compliance with the restriction .requirements of the bond ordinances relating to the General Obligation Bonds and Terminal Revenue Bonds. - ` —, Council felt there needed to be some deletions and additions ..� to the Resolution and took the following action. Councilman Thomas moved, seconded by Councilman Hudson, for the adoption of Resolution No. 7S-2S with the following amendments: Delete the third paragraph of page One I WHEREAS, the City is still in violation of these requirements; and , adjust paragraph 5 to read "WHEREAS, the City realizes 4 that a concerted effort over a period of time would be required to remedy such situation", the 9th paragraph of - Page One should rear` IVinancial procedures shall be estab- lished by resolution, and as prescribed by the American Institute of Certified Public Accountants and the Municipal ` �.-. Finance Officers Association, in order..,..... Motion passed unanimously by roll call vote. Resolution No. 75-26 - Feasibility of, need for, and esti- -; -' mated costs of Improvement District/Carl F. Ahlstrom S/D. As there has been no written expression of need by the property owners in the area for an Improvement District, Council felt the City should not proceed without consensus of the property owners from the area in question. t f, 1 W MINUTES, KENAI CITY COUNCIL, MAY 21, 1975 (G-5 - Resolution No. 75-26 -- continued) PAGE 4 Councilman Steiner moved, seconded by Councilman Ambarian, that Resolution No. 75-26 be tabled until such time a written request for the City to proceed is received from the property owners in the Carl F. Ahlstrom S/D. Motion passed unanimously by roll call vote. G-6: Resolution No. 75-27 - Commitment of the City of Kenai. for maintenance of Beaver Loop Road when the State of Alaska paves and develops the drainage system Councilman Thomas moved, seconded by Councilman Steiner, for the adoption of Resolution No. 75-27 with the amendment that the Resolution read all of Beaver Loop Road.. The motion passed unanimously by roll call vote. Councilman Morgan advised the Council that a representative from the Office of the Governor had reported at the Chamber of Commerce luncheon that both Forrest Drive and Beaver Loop would be paved this construction season by the.Department of Highways. I G-7: Assignment of leas.e from Falcon Aviation to Raven Transit I This constitutes the lease of counter space in the Kenai Municipal Airport terminal and the assignment of this ;. lease from Falcon Aviation to Raven Transit until the ` expiration date of the lease of June 30, 1975. Administration recommended authorization. Councilman Steiner moved, seconded by Councilman Thomas, for approval of Assignment of Lease from Falcon Aviation to Raven Transit. Motion passed unanimously with roll call vote with Councilman Hudson abstaining. G-8: Ordinance 264-75 - Presentation of 1975-76 Budget City Manager. R. D. Lynn, in his budget message to the Council advised that the proposed 1975-76 budget would require an 18.9 Mill levy, 31 Sales Tax and 33% increase in water/sower rates if so adopted. Councilman Ambarian moved, seconded by Councilman Morgan, for introduction of Ordinance 264-75 with the following amendment: page 2 -- show a break between the Fire Department and Communications (Fire Department $290,475 and Communications $76,977) N i MINUTES, KENAI CITY COUNCIL, MAY 21, 1975 PAGE 5 (G-8: Ordinance 264-75 -- continued) Motion passed by roll call vote. The Public Hearing on the budget will be held on Wednesday, June 4, 1975. G-9: Ordinance 266-75 - Water/Sewer Rate Increase This Ordinance,if adopted, would increase the water/ sewer rates by 33%. Councilman Steiner stated that he felt it was not necessary to declare an emergency in the enactment of this Ordinance. Councilman Ambarian moved, seconded by Councilman Steiner, for the introduction of Ordinance, 266-75, wsth the amend- ment "and declaring an emergency" be deleted from the Ordinance. Motion passed unanimously with roll call vote. G-10: Ordinance 267-75 - Sales Tax Increase This Ordinance entails increasing the present sales tax levy from one percent to three percent. The percentage would be broken down as follows: 1% - Municipal Operations, 1# - debt service and It to eliminate prior years' deficit. Councilman Steiner moved, seconded by Councilman Thomas,for the introduction of Ordinance 267-75, with the amendment of the Ordinance by deleting the words "and declaring an emergency". Motion passed unanimously by roll call vote. G-11: Naming of new bridge and access road. At the request of the State Highway Department so that appropriate signs could be prepared, the Kenai Planning Zoning Commission was asked to select a name for the new bridge and access road. The Planning Commission recommends the following for Council approval: Kenai River Bridge Beluga Drive Council felt that the name Beluga Drive was not within the set standards for naming City streets and referred the matter back to the Planning Commissian for further discussion. 1, 1 4 I LIRL..I_.1111. Nei W�Wc,� .91111 Iii X111.1111111 MINUTES, KENAI CITY COUNCIL, MAY 21, 1975 PAGE E (G-11: Naming of new bridge $ access road - continued) Councilman Ambarian moved, seconded by Councilman Hudson to accept the Planning 4 Zoning Commission's recommendai of naming the new bridge the "Kenai River Bridge". Motion passed unanimously by Council. Councilman Ambarian moved, seconded by Councilman Hudsor. " that the naming of the access road be tabled and referri j back to the Planning $ Zoning Commission. 4 Motion passed unanimously by Council. G-12: AAI - Lease of airport lands or facilities This lease from Alaska Aeronautical Industries is -for renewal of space in the Kenai Municipal Airport terminal. The lease is for a period of five years. After reviewing the space allocated for AAI in the Terminal Council felt there were some discrepancies in space leased and referred the matter to Administration for determination of the exact area being leased by AAI. Councilman Hudson moved, seconded by Councilman Steiner,, to table approval of the application for lease by AAI until the exact area leased is determined. Motion passed unanimously by roll call vote. G-13: Council approval - disposal of FAA housing furniture Administration recommended this item be tabled until such time an inventory of FAA housing furniture could be made available for Council review. Decision approved unanimously by Council. G-14: Payment to contractor - Airport Fencing Project Final inspection'by the Public Works Director and representatives of Wince-Corthell will be completed at the end of this week. Councilman Hudson moved, seconded by Councilman Steiner, that payment be made to Aspeotis Construction in the amount of $32,207.53. Motion passed unanimously by roll call vote. L -M V r MINUTES, KENAI CITY COUNCIL, MAY 21, 1975 G-16: H-2 I i i I� I PAGE 7 Payment to Engineering Consulting firm - Airport Fencing Project As the engineering work on the Airport Fencing Project has been completed, both Administration and the Public Works Director, recommended that payment be made to the Engineering Consulting Firm. Councilman Hudson moved, seconded by Councilman Steiner, that payment in the amount of $3,000 be made to Wince- Corthell for their services on the Airport Fencing Project. Motion passed unanimously by roll call vote. Airport Lighting Control Panel Pro.iect Public Works Director, Phillip Aber, advised the Council that the City had advertised for bid on the Airport Lighting Control Panel Project and had received no responses. Mr. Aber reported that it was agreeable with the FAA for the•"City to negotiate with a contractor. Councilman Hudson moved, seconded by Councilman Morgan, that the City Manager negotiate with a local firm, if possi- ble, or a firm to complete the wiring. Councilman amended his motion to state "...City Manager negotiate with a licensed contractor.....". Amendment approved by Councilman Morgan, who had seconded the motion. Motion passed unanimously by roll call vote. REPORTS City Manager's Report City Manager, R. D. Lynn, reported that he had filed an Impact Statement with the State and it is presently being reviewed. He felt he would have some type of answer next week. Regarding the CAP Hangar -- work was being planned to fulfill the City's commitment on the original agreement with the Civil Air Patrol. After completion of the budget, Finance Department should finalize BOR projects for reimbursement to City. City Attorney's Report Contacted Carl Walter, Anchorage Attorney, with regard to Kenai Property Owners vs. City. Motion to dismiss case - - -9 r -- 1A !A 1A!A I1 LII II I MINUTES, KENAI CITY COUNCIL, MAY 21, 1975 PAGE S i �j (H-2 - City Attorney's Report -- continued) will be heard July 2, 1975. If motion is granted, we will file foreclosure action on an additional $70,000 to $100,000 in assessments. If motion is denied, foreclosure proceedings will be kept in limbo until hearing onthe merits. George Filler Case (Civic Center) - trial will be held on Juiy i, 19ia, in Anchorage and will be handled by attorney Karl Walters. The typing of the code has been finalized. Indexing and table of contents is underway. City has received only one response to advertisement for Attorney -- applicant not a member of the Alaska State Bar. Legal Department has instituted the initial step in assess- ment foreclosures by sending out letters that would amount to in excess of $150,000. H-3: Mayor's Report No Mayor's Report H-4: City Clerk's Report No City Clerk's Report H-5: Finance Director's Report H-6: An additional $20,000 in assessments has been turned over to the City Attorney for legal action. Peat, Marwick, Mitchell 6 Co. will be conducting interim type work in the City during the middle part of July and will return the middle of August to conduct the audit. The statements should be out by September 30, 1975. The April Financial Statement will be typed within the next two days and distributed to, Council upon completion. Planning F Zoning Commission's Report The Chamber of Commerce has asked the aid of the Commission in selecting a suitable site for their information center. Vic Tyler requested permission to remove a mobile home presently on his property and replace with a new one. His application was denied and Mr. Tyler advised that he would appeal the Commission's decision. Two preliminary plats were approved. One final plat approved. MINUTES, KENAI CITY COUNCIL, MAY 21, 1975 PACE 9 i H-7: Borough Assemblyman's Report Councilman Steiner reported on the actions of the Borough Assembly at their meeting of May 20, 1975. Several Ordinances for introduction and hearing were presented to the Assembly as well as action taken on' various school matters including confirming the results of the Special Election of February 25 - School Bond Issue and approval of expenditures for school construction and purchase of lands for school use. Mr. John Noyce and Mrs. Beverly Fillio were confirmed as new members of the Kenai Peninsula Borough Planning Commission. The Assembly also unanimously passed the rezoning within the City limits of Kenai for a Conservation area. Ordinance providing $10,000 Property Tax Exemption for Residences failed to make introduction. The Assembly also voted in favor of exempting banks and savings institutions from charging a 3% sales tax on services provided to their customers. I: PERSONS PRESENT NOT SCHEDULED TO BE HEARD None' There being no further business, the Regular Meeting of the Council of the City.of Kenai adjourned at 10:00 p.m. Respectfully submitted, e Peter, cting City Clerk L May 23, 1975 E Inventory on the F.A.A. houses 100 1.9by12rug 101 1. presser - metal, with 4 droner' .' ::.•. .' -2.9by12rug 102 t 1. Mangle 2. 4 - dressers - metal, 4 drawers 3, 2 - sets double bed springs 4. 1 night stand. - metal S. 1 - rug -11 by 14 k " 103 1. 1 -chair -,,wood, upholstered seat 2. 1 -mirror -30 by 4e 3. 1 -dressing table- metal _ 4. '1 -desk-, metal S. 1 -single bed frame f k ' r c S f 0 �} •^• — I yl I II I I ., n-e,ll11l..! Ll:LRIlL!AR�i•In ue i n u... i i i i j ^ f 1 04 1. 3 -chairs-, a �ood,uphoistered seat 2. 1 -electric range 3. 1 -dresser, - metal, 6 drawers 4. 2 -night stands, - metal S. 1- coffee table 6. 1 -dresser, - metal, 4 drawers 7. 1 -ironing board j . I airport terminal bldg. } ' 1. 2 -desks, -wood j ■ hese desks came from the F.A.A. houses. i . T . is k ■ t � is i kr F i ° 0 - 4 . WINCE ° COR.TMELL u ASSOCIATES CONSULYING ENGINEEM P.O. box 3.394 274.1043 ANCHORAG!, ALASKA ` 99401 May 14, 1975 Our Job 75-4 City of Kenai Box 580 - Kenai, Alaska 99611 Subject: Engineering Services ADAP 8-02-0142-02 Gentlemen: Please consider this our invoice for services provided uhder out contract dated February 17, 1975. e,.�. Nle P.O Final Design -GaG, $5100.00 . (Section G, Item 2) Balance Forward 4/11/75 3000.00'l Total Due !B� certify that these are true and correct charges and that no payment therefore has been received. i - WINCE - CORTHEL.L Assoc. Alan N. :Corthell, P.E. T. ANC/swc t .. . L 1PM11p W_ery.on, P E. _ _ 1,-hn I., corurri, 91. Alan N. Corlhell, P. t. Ne16 O K101610d. P.11. Iron. W. Wine*, P. E, I� s r' 1' J . p li ItjI i I j WINCE • CORTHELL $ ASSOCIATES CONSULTING ENGINEERS P.O. eon 3•394 474.1043 ANCHORAGE. ALASKA 99301 May 28, 1975 Our Job # 73-1 ! ?... If d' L City of Kenai °4 .. P. 0. Box 580-0 Kenai, Alaska 99611 �1Qa1g(2� ,o1 Project: Kenai Airport Security Fencing J e ADAP Project No. 8-02-0142-02 Dear Sirs: Please consider this invoice in the amount of $2,377.49 as compensation for basic engineering services performed and now payable in accordance with Sec- tion 6 of our Agreement for Engineering Services for the subject project. Invoice Computation Construction cost to May 159 1975 (P.C.E. #5) $299,840.78 Basic Engineering Fee = 6.8'/o x construction cost �. Total due at May 15, 1975, $299,840.78 x 0.068 = $20,389.17 Less previous payments 18.011.68 f©, Now Due 5 2,377.49 certify that the above charges are true and correct and that payment therefor has not been received. Wince - Corthell 6 Assoc. j - -- -. ; AAA ni4A nce FWW/swc Mop w brylon. P.1. J01Ae L. S,rv,ll, P. E. Alan N. CorlMll, P. E. s 4 i S Nd, O. Kjobrod, 01. Frank W. WIMf. P. E. y V F. .., .. _ I M I I III I!! qll!-!IDI �•._ . WINCE o CORThiELL & ASSOCIATES • CONSULTING ENGINEERS - RO.box 9.994 774.1049• ANCHOAAGIC. ALASKA i 99501 • '• • May 6, 1975 • Our Job 1/73-1 - City of Kenai , P. 0. BOY. 580 • Kenai Alaska 99611- 9611Project: Project:Kenai Airport, Security Fencing j ADAP Project No. 8••02••0142»02 . Dear Sirs: Please consider this:invoice in the amount of $1523.25 as compensation for resident inspection services, including construction staking, performed in accordance with $action C of,our Agreement for Engineering Services, during April 1975 for the subject. ;. Summary of Services EN61 NEER . 1 Resident 4nspeetlon, Officer of firm 34. hrs. @ 27.00 $918.00 SURVEY 2-14an party 1.0 hr.. @ 31.50 . �, 31.50 . 3-Man party 13.5 hrs. @ 12.50 573.75 ' Total this invoice ,$1523.25 •1 certify that the above charges are true and correct and'that payment therefor' ' has not been received. , '-�- Very truly yours,'. 14- O. WINdE - CORTHELL 6 Assoc: • . , ' Frank W. Wince ,�'• • c i R i _-�_RAlI1.n�N, li/woe. P 1. John L•co►rllr, RE...' Alan N. ('e/Ih.11 PP. Nil. !1 Klel./wd an. i-Uw1 Wln••i 0'i' r i. V 1,'Or meeting of 6-18-75 The folJouting are over 5500.00 which "red C01111HI approval: VFNDOR 101OUNT P. O. 0 DreCRIPTION' B & C Supply 638.16 various miscelleanous Ix -tri -s Dawson & Company 727.00 none Aprils preiraum IBA! 69 I'l n_ IA Ai III lill'i I Fill I a M ag card 235.04 typewriter lease -purchase 232.56 supplies 62.45 liquidated damage charges 163.1� Action Tire Center 682.24 6814 tires for police carr' Stanley S. McLane 1173.00 none Survey & Plating" of C11AP 'addition Tesoro 516.87 none gas for ambulance & new police cars Glacier State Telephone Co. 1769.51 current billing Xerox 758.40 current billing Groh, Benkert & Walter 1129-83 work on tiller ler Kenai Property ownersi cases Superior Building Supply 595.13 various mostly.office remodel Kenai Lumber Company 1262.41 0254 Fort Kenay fence=, Items to be ratified AME Credit Union 2447-54 none employees deductions National Bank of Alaska 100154.!0 May federal w/holding Travelers Insurance CoMpany 3929.51 June employees group Voyles Fuel Service 795.98 none 3 delivery tickets National Bank of Alaska L001000.00 TCD purchase Ai III lill'i I Fill I a M ,r < } 1 1 II _ 111111 1 Nil II II 1 11 1 111 1 CITY OF KENAI RESOLUTION NO. 75-28 INTRAFUND TRANSFER f BE IT RESOLVED by the Council of the City of Kenai - i that the following transfers of money are hereby made within the current budget of the Parks and Recreation j Department, from and to such accounts and in such amounts - j as are set forth below: .i From To Amount 11 Salaries $ Wages 40 Miscellaneous $2,000.00 DATED: This day of , 19`•. CITY OF KENAI James A. Elson, Mayor ATTEST: Acting City Clerk u _ ZI - I it 4 . � yj" j Page One, LEASE Revised 2/18/75 I4 - A LEASE Or i AIRPORT LANDS. OR FACILITIES s I THIS AGREEWNT, entered into this 15 day of May 19jL, by and between tete CITY OF KENAI, a home-rule municipal corporation �( i of Alaska, hereinafter called 'City, and SEA-LAPID FREIGHT SERVICE. INC- 11 hereinafter called °Lessen°. 1 C�I That the City, in consideration of the payments of the rents and i i the performance of all the covenants herein contained by the Lessee, does hereby demise and 12ase to the Lessee the following described properly in the Kenai Recording District, State of Alaska; to wit: 1 Lots 6, 7, 8, Block 2, Cook Inlet Industrial Air Park Term: The term of this Lease is for one (1) yearlt, - commencing on the 1st day of February , 19 75 , to the 31st day of i January,1976 , at the annual rental of $ 4x25.00 Payment: Subject to the terms of General Covenant No. 10 of # . this Lease, the rental specified herein shall be payable as follows: (a) Right of entry and occupancy is authorized as of the 1st } day or February , 19 75, and the first rent shall be computed from such - date until June 30, 19 757 at the rate of $12.95 per day for 150 days, equals $1.942.W now due. = j (b) Annual rent for the fiscal year beginning July 1 and eliding ; June 30 shall be payable in advance, on or before the first day of July of each year. .. c) Rental for an ( y period which is toss than ono (1) year shall i be prorated, based on the rate of the last full year. (d) The rent specified herein is calculated as follows: 151=600 square foot at $103 per s4uare foot per year, 0 or $4,725.00 per year. In addition to the rents specified above, subject to General Covenant No. 10, the Lessee agrees to pay to the City fees as hereinafter provided: f. (a) Assessments for public Improvements benefiting property in o -r the amount of 114.954.47 (b) Applicable taxes to leasehold interest or other aspects. - ` - k s ! (c) Sales Tax now enforced or levied in the future. s J t (d) Interest at the rate of eight percent (81o) per annum on any amount of money owed under this Lease which is not paid on or before the F - date It bucontes due. (o) Additional chlargos as set forth In Schedule A, attached. j Page One, LEASE Revised 2/18/75 I4 - A 1 The purpose for which this Loate Is issued hs: ' See Amend- Terminal facilities, warehousing# storage and other meat 1. related activities inherent In the operation of a transportation facility, GENERAL COVENANTS i. Uses: Except as provided herein, any regular use of candy r or facilities without the written consent of the City is prohibited, This i prohibition shalt 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 thin as specifically set forth lmerein, upon, in or above airport lands, without the written consent of the City is prohibited. f 3. impounding of Property: Any or all personal or real property , placed or used upon lands or in facilities in violation of prohibitions may be m removed and/or impounded by the City, and when so removed and/or i Impounds -A, such property may be redeemed by the owner thereof only upon ; the payment to the City of the costs of removal plus storage charges of $1.00 per day, or $5.00 per day in the case of each building or each aircraft in excess of 6, 000 pounds gross weight, or in the case of any ether kind of = property, an amount not to exceed $5.00 per day, or in accordance with such ! higher feat as way Im incorporated into regulations of City's Airport. ! 1 4. Commitment for hent and Ron -Assignment: Lessee agrees to pay the annual rental and tees specified and not to assign this Lease or t any part, nor let, nor sublet, either by grant or Implication, the whole or any part of the premi%. % wltbout wr itten consent of " City, which colet enl shalt be obtained pursuant to thefoliaw6i; 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 shell be void, and shall be grounds for cancellation of this Lease by the City. S. Treatment of Demise: The Lessee agrees to keep the promises clean and in good order at Its own expense, suffering no strip or waste thereof, nor removing any material therefrom, without written permission of the City, At the expiration of the term fixed, or any sooner determination of the Lease, the lessee will peaceably and quietly quit and surrender the premises to the City. 6, Payment of Rent: Checks, bank drafts or postal money orders shall be made payable to the City of Kenai, and delivered to the City Administration Building, Kenai, ,Alaska. 7. Construction Approval and Standards: Building construction shall be neat and presentable and compatible with its use and surroundings, Prior to placing of fill material and/or construction of buildings on a loosed area, the Lessee shall submit a plan of proposed development of property to the City Planning Commission which shall be approved in writing for ail permanent imnprovements. I Nage Two, LEASE 2/13/75 0 i• s� : 0. Lease Renewal th-tiole•t Prot:eohire_ Lw.stw shall within ti (30) drys before lh expiration, make nn writiuq for a rencwa certifying under oath as to the character and value of all improvements exibting on the land, facilities, properties, or inw-rest therein, the purpc for which bti h rwwwal is desired, and such nthar information as the Citi may require. The Les -see shall cla!josit with such applicatinn, the sum equivalent In one hundrM percent (100"..) of the prevailing annual rental fees still in effect. Suc.l► applicativn, when fully confornthnrt to the requirem.•nts herein stated, will extend the Lease on 3 month-to-month b: until such time as the City gives notice to Lessee that: (a) The request for renewal has I;cun granted. (b) Thi request for renewal has been rejected, stating thr: reasons for such rojection. (c) The City has d.1-:rinined it W It^ in Ito; fiat public inter or is required by Lav or regulation, to offer the Lease at a public aucti'm (d) That equitable considerations require a revision of the. Lease prior to grantinfl a renewal. 9. Right of Fntr: Should elefatilt be made. in this payment o any portion of the rent or fees when due, or in any of the covenants or conditions contained in the Lease, the City may ro-enter and take po!sys: of the premises, remove all persons therefrom, and upon written notice, terminate the Lease. 10. Rent Escalatitio: In the event this Lease is for a term in excoss of five (5) ycyears, the arnount td rents or fres specified herein shill, at the option of Dither party, b,� suh;M:t to rent.:;olietion for ivrr•'rb-' or dccr.Ziw. at Intervals of five (5) years from tho 1st day of July prcct•dIrWq the effective date of this Leafe. The amount of such rents or fees as renegotiated shall reflect the then prevailing fair market value of th., leasehf-ld. NO Increase or decrease in the amount of rents or fees shall be effective, except upon ninety (90) days written notice. In tho cvvw. tho pa: Ou., are woable to agree upon the amount of such increase or decrease, such amount shall bte determined by three (3) disinterested persons; one thereof to be appointed by the City Council; one to be appointed by Leasco, Its suaceasors or ossic;ns; and the third to be chosen by the two (2) persons appointed as aforesaid. The written 1; determination of such three (3) persons shall he final and conclusive. Neither party shall c ommence legal action without complying with this �I provision. 11. SulIdinp Placemc•rnl Restrictions: No building or other permanent structure shall be placed within len (10) feet of the boundary line of any lot held by a Lessee; provided, however, that whore two (2) or more lots hold by the Lessee are continguous, the restriction in this condition may be waived by written authorization of the City. i 12. ProteLtion of Aircraft: No building or other permanent structure shall be placed within fifty (50) feet of the property line fronting a landing strip, taxiway or apron without the written approval of the City. This I area shall be used for parking aircraft only. 1 j 13. Notieos: All written notices required by this Lease or permit I shall be sent by registered or certified mail or delivered personally to the it Page Three, LI:ASC 3/20/75 I L �1 �� - .-.. MI 6. !_Ld.JII I i ., IJ.1 LL,� LL.I1 "••_�_ .�...—__ _ . �II'.I AA I11�11 I ill I _ last address of record in the files of ilio City. 14. Offer to tease Acccpt ince: The offer to lea"is made subject t• to applicable laws and regulations of City, and may be withdrawn without � notice at any time after thirty f 301 days from submission thereof, unless within such thirty (30) days the lessee executes and returns the Lease to the City. 15. Underlying Title: The interests transferred, or conveyed I by this Lease are subject to any and all of tine covenants, terms or conditions contained in the instruments conveying title or other interests to the City, i ' 16. Right of Inspection: City shall have the right, at all f i 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 damages resulting from or ari5ing out of any acts of commission or omission by the Lessee, his agents, employees, customer%. 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: r (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 5100.000 3qq q0 lS50,000 ! (b) Lessee agrees to carry employer's liability insurance and ' Workmen's Compensation Insurance, and to furnish a certificate thereof to the City. : i (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 chancel In ; policy conditions and coverage. (d) Lessee agrees that waiver of subrogation against the City shall be requested of Lessee's insurer, and shall be provided at no cost to the City. (e) Cross Liability: It is understood and agreed that the insurance afforded by this policy or policies for more than one named insured, SWI not operate to Increase the limits of the company's liability, but otherwise shalt not operate to limit or void the coverage of anyone named insured as respects claims against the same named Insured or employees of such other named insured. 18. Accounting Obligation: 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 oil sold and/or any certificate or statement to substantiate the computation of rents or fees, including reports to other governmental agencies. 10. Collection of Unpaid Atonies: 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 Lestoo's property, real or personal, and the City shall have such lien rights as are allowed by Law, and enforcement by distraint Page Cour, LEASE 2/13/7S ill { i ;: 7 r I i ; °i ( i ti �� - .-.. MI 6. !_Ld.JII I i ., IJ.1 LL,� LL.I1 "••_�_ .�...—__ _ . �II'.I AA I11�11 I ill I _ last address of record in the files of ilio City. 14. Offer to tease Acccpt ince: The offer to lea"is made subject t• to applicable laws and regulations of City, and may be withdrawn without � notice at any time after thirty f 301 days from submission thereof, unless within such thirty (30) days the lessee executes and returns the Lease to the City. 15. Underlying Title: The interests transferred, or conveyed I by this Lease are subject to any and all of tine covenants, terms or conditions contained in the instruments conveying title or other interests to the City, i ' 16. Right of Inspection: City shall have the right, at all f i 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 damages resulting from or ari5ing out of any acts of commission or omission by the Lessee, his agents, employees, customer%. 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: r (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 5100.000 3qq q0 lS50,000 ! (b) Lessee agrees to carry employer's liability insurance and ' Workmen's Compensation Insurance, and to furnish a certificate thereof to the City. : i (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 chancel In ; policy conditions and coverage. (d) Lessee agrees that waiver of subrogation against the City shall be requested of Lessee's insurer, and shall be provided at no cost to the City. (e) Cross Liability: It is understood and agreed that the insurance afforded by this policy or policies for more than one named insured, SWI not operate to Increase the limits of the company's liability, but otherwise shalt not operate to limit or void the coverage of anyone named insured as respects claims against the same named Insured or employees of such other named insured. 18. Accounting Obligation: 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 oil sold and/or any certificate or statement to substantiate the computation of rents or fees, including reports to other governmental agencies. 10. Collection of Unpaid Atonies: 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 Lestoo's property, real or personal, and the City shall have such lien rights as are allowed by Law, and enforcement by distraint Page Cour, LEASE 2/13/7S ill C _� t 1 L.J._i C.�i i�1 .1...1 -un a 1111111.1w-�_ .. - --.r .+: "�n__.�L-+..._,. .. __ _ - ...-_-�_-�_._�_._.—_ 1111 Il pill __--- __ - -- -_--- - -- may be made by the City or its authorized agent. 20. Easement Grants Reserved: City reserves the right to grant and control casements in, or above the land leased. No such grant or easement will be made that will unreasonably Interfere with the Lessee's use Iof the land. 21. Lease Subordinate to Financinq Requirements: Lessee agrees 1 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 covenant. 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. Riqht 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 and 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/or chattels having an appraised value in excess of $10, 000 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 may, upori 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 improvements and/or chattels, after deducting and paying to the City all rents or fees clue and owing, and expenses incurred in malclnq such sale. If there are no uttler bidders at such auction, the, City is authorized to bld 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. 25. Riqht 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 ton (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 agreek to observe, obey and abide by all rules and regulations heretofore or hereafter adopted or amended by City. (h) 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 (c) City fball not be liable to Lessee for any diminution or deprivation of pabsession, or of its rights hereunder, on account of the ► exercise of any such right or authwrity a , in this Section provided, nor shall Lessee be entitled to termin•rie the whole or any portion of the leasehold estate herein created, by reason of the exercise of such rights or authority, �j unless the exercise thereof shall so Interfere with Lessee's use and occupancy of the leasehold estate as to constitute a termination in whole or in part of !i this Lease by operation of law in accordance with the Laws of the State of Alaska. t 26. Aircraft Operations Protected: �l (a) There is hereby reserved to the City, Its usccessors and assigns,, for the use and benefit of the pubtic, 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 sold 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 rfor Itself, its representatives, successors, and assigns, that it will not erect t' nor permit the erection of any structure or object, nor permit the growth of t any trees on the land conveyed hereunder, which would be an airport obstruction within the standards estabi fished under the Federal Aviation 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 t cut the offending tree, all of which shall be at the expense of the Lessee or Its heirs,or successors, or assigns. i (c) The Lessee by accepting this conveyance expressly agrees for Itself, its representatives, successors, and assigns, that it will not make i use of the said property In any manner which might Interfere with the landing and taking off of aircraft from sold Kenai Airport, or otherwise creating an airport hazard. in the ovent the aforesaid covenant Is breached, the City reserves the right to enter on the land conveyed hereunder and cause the abatement of such interference at the expense of the Lessee. 27. Lease Offer Incorporated: The Lessee, by accepting this conveyance, expressly agrees to ail the terms and concessions of the Offer for Lease, dated , under which this land was made available for lease. 20. Riaht 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 quietly and peacefully hold, use, occupy and enjoy the said leased premises. 29. Lessee to Pay Taxes: Lessee shall pay all lawful taxes and assessments which, during the term hereof may become a lion upon or which may be levied by the 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 teased, or the improvements thereon, by reason of Its use or occupancy, provided however, that nothing herein contained shall prevent Lessee from contesting the legality, validity, or application of any such tax or assessment. 30. Spacial Services: Lessee agrees to pay Lessor a reasonable Page Six, LEASE 2/13/75 s..411'..h11-111ALIA-1-- ._ i r WI V 0 If j� (c) City fball not be liable to Lessee for any diminution or deprivation of pabsession, or of its rights hereunder, on account of the ► exercise of any such right or authwrity a , in this Section provided, nor shall Lessee be entitled to termin•rie the whole or any portion of the leasehold estate herein created, by reason of the exercise of such rights or authority, �j unless the exercise thereof shall so Interfere with Lessee's use and occupancy of the leasehold estate as to constitute a termination in whole or in part of !i this Lease by operation of law in accordance with the Laws of the State of Alaska. t 26. Aircraft Operations Protected: �l (a) There is hereby reserved to the City, Its usccessors and assigns,, for the use and benefit of the pubtic, 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 sold 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 rfor Itself, its representatives, successors, and assigns, that it will not erect t' nor permit the erection of any structure or object, nor permit the growth of t any trees on the land conveyed hereunder, which would be an airport obstruction within the standards estabi fished under the Federal Aviation 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 t cut the offending tree, all of which shall be at the expense of the Lessee or Its heirs,or successors, or assigns. i (c) The Lessee by accepting this conveyance expressly agrees for Itself, its representatives, successors, and assigns, that it will not make i use of the said property In any manner which might Interfere with the landing and taking off of aircraft from sold Kenai Airport, or otherwise creating an airport hazard. in the ovent the aforesaid covenant Is breached, the City reserves the right to enter on the land conveyed hereunder and cause the abatement of such interference at the expense of the Lessee. 27. Lease Offer Incorporated: The Lessee, by accepting this conveyance, expressly agrees to ail the terms and concessions of the Offer for Lease, dated , under which this land was made available for lease. 20. Riaht 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 quietly and peacefully hold, use, occupy and enjoy the said leased premises. 29. Lessee to Pay Taxes: Lessee shall pay all lawful taxes and assessments which, during the term hereof may become a lion upon or which may be levied by the 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 teased, or the improvements thereon, by reason of Its use or occupancy, provided however, that nothing herein contained shall prevent Lessee from contesting the legality, validity, or application of any such tax or assessment. 30. Spacial Services: Lessee agrees to pay Lessor a reasonable Page Six, LEASE 2/13/75 s..411'..h11-111ALIA-1-- ._ i r WI V 0 Ir !1 charge for any special services or facilities required by Lessee in writing, which services or facilities are not provided for herein. i 32. No Partnership or Joint Venture Created: It is expressly 1, understood that the City shall not lie construed or field to be a partner or !, joint venturer of Lessee, in the conduct of business on the demised premises; and it is expressly understood and agreed that ilia relationship between tine parties hereto is, and shall at all times remain, that of landlord and tenant. `i 33. Default Bankruptcy, etc.: If the Lessee shall make any is assignment for the benefit of creditors, or shall be adjudged a bankrupt, or If a receiver is appointed for the Lessee or Lessee's assets, or any Interest I under this Lease, and if the appointment of the receiver is not vacated Twithin five (5) days, or if a voluntary petition Is filed under Section 18(a) of the Bankruptcy Act by the Lessee, then and in any event, the City may, upon giving the Lessee ten (10) days' notice, terminate this Lease. 34. Forebearance Not Waiver of City's Riqhts: 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 nn the part of the City to terminate this agreement for failure by the lessee to perform, keep or observe any of the terms or covenants or conditions hereof. 35. Reasonable Operations: This Lease is subject tocancellation If the Lessee does not maintain such operations as the City In Its sole discretion 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. j 36. Fair Operations: This Lease is subject to chaceilatiun if the Lessee fails to furnish such service on a fair, equal and riot unjustly !! discriminatory basis to all users thereof, or fails to charge fair, reasonable t� and not unjustly discriminatory prices for each unit or service; provided, that the Leasee may be allowed to make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.' n 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 and prevent possible discrimination or segregation on the basis of race, color, creed or national origin, or for any other related reason. 38. Nondiscrimination: The Lessee, for himself, 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 ilia land, that In the event facilities are constructed, maintained, or otherwise operated on the said property described 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 all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Offico of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of tiro Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That In the event of breach of any of the above nondiscrlininatloci covenants, the City shall have the right to terminate the Lease and to re-enter and repossess sold land and facilities thereon. and hold lite same as if said Lease had never been made r•r Page Seven, LEASE 2/13/75 - ,. .. - - - --- - -�-- .. -- .... .. Issued. I 39. Nondiscrimination: Tito Lessee, for himself, his personal representative, successors 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 otherwise subjected to discrimination in the use of said facilities; (2) that In the construction of any improvements on, over, or under such land and RI the furnishing of services thereon, no person on the grounds of race, color, 1, or national origin shall be excluded from participation in, denied tlx: benefits of, or otherwise be subjected to discrimination; (3) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary. Part 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 be amended. That in the event of breach of any of the above nondiscrimination covenants, the City shall have the right to terminate the Lease and to re-enter and repossess said land and the facilities thereon, and hold the some as if said Lease had never been made or issued. f 40. Partial Invalidity: If any term, provision, condition or part of this Lease is declared by a Court of competent jurisdiction to be Invalid or unconstitutional, the remaining terms, provisions, conditions or + parts shall continue in full force and effect as though such declaration was not made. 1 41. Parol Modifications: It is mutually widerstood acdl agreed that this agreement, as written, covers all the agreements and stipulations between the parties, and no representations, oral or written, have been made modifying, adding to, or changing the terms hereof. 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. ** See Amendt�j. 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 set their hands, the day and year stated in the individual acknowledgments below. CITY OF KENAI By Page Eight, LEASE 2/13/75 i i Y I J ,l—I .ILI I, b. STATE OF ALASKA ) )5s. THIRD JUDICIAL DISTRICT ) f s ' On hi!wday of (, Y, 1925, before me personally jf appeared �� ' �;_,,,� � ' !/! ; , known to be the person who { executed (e above Ledse, and Acknowledged that lie (she) had the authority' to sign, for the purposes stated therein. NOTARY PUBLIC FOR ALASKA My Commission Expires: i LESSEE t � STATE OF ALASKA ) \ / i ) ss. j x\ I THIP.D JUDICIAL DISTRICT ) , t On this day of 19 , before mn personally appeared known to be the person mvt 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: �i + i ACKNOWLEDGMENT FOR HUSBAND AND WIFE STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) Before me, the undersigned, a Notary Public In and for the State of Alaska, on this day personally appeared and , husband and wife, both known to be the persons whose names are subscribed to the foregoing Lease, and acknowledged to me that they executed the sonic as their free and voluntary act and dead, and for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 19 NOTARY PUBLIC FOR ALASKA My Commission Expires: Page Nine, LEASE -�w�----. � - -_.._ w �-T---� - -- i --'rte � � � � � - _ � ., -.r i mow•- .�-�� - r, - I mill A IMI ' ��•� - _��.. ,, _. ..----.._��..._� .III�IA I��I III Ir CORPORA110N ACKNOWIT..DGMENT � 1 STATE OF ALASKA i ss. �! C - THIRD JUDICIAL DISTRICT 1 t 4 Before me, the undersigned, a Notary Public in and for the State �: o�Alasl•.a, on this day personally appeared and 1 known to me to be the persons and officers whose names are subscribed to the foregoing Lease, who being duly sworn, did ray that they are the President and__,,' jJ,,,�,,,,-_,_ respectively, of Company, a corporation, r . t. and acknowledged to me that they executed said Lease as their free act and deed in their said capacities, and the free act and deed of sold corporation, ! i for the purposes stated therein. ( Gly$N UNDER MY IIAND AND SEAL OF OFFICF, this .� day , of i' t{G�a�,.rl' •-.�f�l��. � j i NOTARY PUBLIC FOR ALASKA " t' My Commission Expires:'." -•_ APPROVED AS TO FORM by City Attorney, this day 1� of r 1. ; CITY A1" fORNEY i r} INITIAL. LEASE APPROVED by City Council, this dov i of 19 CITY CLERK ASSIGNMENT APPROVED by Kenai Planning Commission, this ,_day of , 19! ASSIGNMENT APPROVED by City Council, this day of , 19,_ _ _ Page Ton, LEASE CITY CLERK 2/13/75 b 0 AMENDNEW I LEASE OF AIRPORT LANDS OR FACILITIES Page Two, LEASE The purpose for which this Lease is issued is: Terminal facilities, warehousing, storage and other related activities inherent in the operation of a transportation facility. til Page Eight, LEASE" 43. Additional Covenants. city and Lessee agree to such additional terms and covenants as are set forth in Schedule B, attached. {include the underscored words.] SCHEDULE B LEASE OF AIPPORT LANDS OR FACILITIES. it is understood and agreed between the parties that provisions in this schedule shall prevail over contrary provisions in the principal Lease. General Covenant No. 4 is modified as follows: City hereby consents to subleases by Lessee of parts of the premises subject to the following conditions: (1) The use of the premises shall be substantially the same as is allowed lessee. (2) Lessee may not sublease the major portion of the premises. General Covenant No. 18 concerning accounting obli- gations, does not apply to Lessee or its sublessees. General Covenant No. 20 is modified to read as followst City reserves the right to grant and control ease- ments in, or above the land leased. No such grant or easement will be made that will unreasonably interfere with Lessee's present or foreseeable use of the land. f General Covenant No. 27 concerning the incorporation of the Lease Offer does not apply. E General Covenant No. 35 is modifiad to read as follows: This Lease is subject to cancellation if the Lessee does not maintain such operations as are reasonable, or if Lessee fails to maintain a staff or facilities sufficient to reasonably execute any of the purposes for which this Lease •is granted. General Covenant No. 36 is subject to control by applicable regulatory agencies over the parties. - .. F— F — �l1+3�"�'"^"�""-- ... •.. .y .---""��"' • ^ __-.__- ■III YI I111 I II -- - - ------__�... ----....-.... =-ill ' PERIODIC CO::T TE.:TIMATH, SUMMARY DATE - lwc- t; Iell -5 ESTIMATE N0. INAL- PROJECT NAME Atr'''�.pu - T ' C -t. LA - t TLe 1 V -c 1.\G tMC f PROJECT NO. P C&NTRACT NO. CONTRACTOR DAME: s C ioeJ ,n?(( -n chA, CONTRACTOR ADDRESS: Z-701 LSC •3�-rt� `t k�-�A i> , a / CI }�2AG�M I�(C: _ PERIOD COVERED BY THIS ESTIMATE: FROI4 TO ( �' 75;' q-7 CONTRACT COIfPLETION DATE 'Dr -c- 1 , 1q-74- - ADDITION OR REDUCTION OF DAYS (C.O. NO. ADDITION 1 THRU ) I�r►� 1 REVISED COMPLETION DATE CONTRACT AMOUNT $ ��� C'1 �'' I • � �' ADDITION OR REDUCTION (C.O. 110. 1 THRU • REVISED CONTRACT AMOUNT TOTAL AMOUNT FOR WORK COMPLETED TO DATE ALLOWANCE FOR MATERIALS ON SITE ► SUB TOTAL q t4-75.6= - - LESS % RETAINAGE k - - SUB TOTAL LESS PREVIOUS PAYMENTS ESTIMATE NO. 1 THRU22- AMOUNT DUE CONTRACTOR ABOVE INFORMATION PREPARED BY WINCE-CORTHELL AND ASSOCIATES P.O. BOX 1041 KENAI, ALASKA 9.611 14, 5,7.4v w n■_ a y 'f i 14, 5,7.4v w n■_ ! �i�� . .. _ - . . _ " - _,_ -. _,. n.6iG`c.��Iaifr���-, .ctia•...�., - Z.•+.uJas.. DEPARTFAF 4l r•nrm lipproved FEDERAL AVIATI,,14 A; :• :. It,,drel HRrrau No. 0.1-110008 PERIODIC COST ESTIMATE 1 0 E� •R'S 14 AME Ate 1) A 0ORP SSy, p,��; >> City of Kenai AD,1P 8-02-01!2-;2 pro. Box 580, Kenai, Alaska 6. ESTIMATE NO. >�• 2, OFFICIAL NAME AND LOCATION OF AIRPORT Final Kenai Municipal Airport 7. PERIOD ENDING Kenai, Alaska June 3, 1975 1 3. CONTRACTOR'S NAME AND ADDRESS 8• DATE ESTIMATE PREPARED Aspeotis Construction, Inc. June 3, 1975 2701 Blueberry Road, Anchorage, Alaska 99503 9.PEPCENT OF PHYSICAL ' 4, OESCRI PTION OF WORK COMPLETION 100 10. SPONSOR'S CONTPACT NO. Clearing, grading, drainage, seeding, install MA signs and conRtruct chain-link fence. 11. AMOUNT OF CONTRACT -. ffi 300.�1h.78 12. COMPLETION TIME rindicate �j then w cta or Calendar days) ate .Tulvl 1. 1975 13. DATES 14. NO. OF DAYS CONTRACTOR IS A. WORK TO START I D. WORK STARTED I C. COMPLETION DUE ID. EST. OR ACT. COMP. AItEAD I IN ARREARS 1S. GREAKDOWN OF PERIODIC COST ESTIMATE (11 odditrunat space Is required, use continuation 814001, FAA Form 3100.9) ITEM LATEST REVISED DETAILED ESTIMATE WORK PERFORMED TO DATE NO. DESCRIPTION OF ITEM QUANTITY UNIT PRICe A1.10VNT pUANTITY AMOVNT CANT (o) (b) (C) (d1 lel (f) (R) (11) (i) 1 Clearing 1 Job L.S. 100000 10,000.00 1 Job 100000.00 100% a 2 Remove Fence 485 L.F. 4.50 2,182.50 485 2,182.50 100% 3 Grading Fence Line 1 Job L.S. 7,000 7,000.00 1 Job 7,000.00 100% 4 2408 Post Mtd. 13 Each 87.88 19142.44 13 1042.44 100% Signs 5 2408 Fence Mtd. 43 Each 41.28 1,775.04 43 1,775.04 1001% Signs 6 8x8 Fence Mtd. Signs 13 Each 33.60 436.80 13 436.80 100% 7 Embankment 698 C.Y. 4.50 3,141.00 698 3,141.00 100% 8 Topsoiling 1312 S.Y. 1.25 1,640.00 1312 1,640.00 l00% j 1 16. CERTIFICATION ON CONTRACTOR — 1 HEREBY CERTIFY that the work performed and the materials supplied to date, as shown on this periodic cost estimate, represent the actual value of accomplishment under the terms of this contract in eon• formity with approved plans and specifications; that the quantities shown were properly determined and are correct; and that Ihers Iron been full Compliance with all labor provisions Included in the Contract identified above, and in all subcontracts mode under that contract. DATE C NTRACTOR'S NAME June 3, 1975 �speotis Construction, Inc. er I TITLE SIGNATU President - Pete Aspeotis 4.��" 17. CONCURRENCE AND CERTIFICATION OF SPCNSOR'S ENGINEER — 1 have examined this seoriodie cost estimate, and `rte' Concur in the Certifleote of the Contractor and certify that the materials 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 records. DATE SIGNATURE, SPO 'S,ENGINczq ' C C� FAA T'Orin 5100•3 -7.70) SU PF Ind. UES FAA I(JIM II,:s I .sem -� `^'. -- - '-- -•-.- . _-__' a .�-'_"r'`�,v.,..r.+......--a....-w:7 ^• - -s -.f..c=..r1s5X `S.-+' .__.._� ' Ito e•ARTLL".NT UF•TRAt4SP0gTATIOrj Form Approrrd y i'EDERAL AWAT10t1 AL;MINiSTRATiON 1ludget llurcuu to. 04.11000.4 PERIODIC COST ESTIMATE PAGE 2 OF 2 PAGES i fy�r /Cnntlnuation Sherd S. PROJECT HO, ." ►not or type data ►equentcd. Instructions whir h appr:u on till. re Arse wide of FAA ADA8-02i-01h2-02Form �� 5100-8 are applicable. Items and columns on this form cone•+pond to those on 6. ESTIMATE NO. FAA Form 5100-8. Final 1. NAME OF SPONSOR 2. OFFICIAL NAME OF AIRPORT City oP Kerai I Kemi Minieimil P_irnort 15. BREAKDOWN CF PERIODIC COST ESTIMATE _ ITEM LATEST REVISED DETAILED ESTIMATE WORK PERFORMED TO DATE DESCRIPTION OF ITEM NO. - (a) UrnT OV ANTITY UNIT PRICE (hI (c) (d) le) AMOUR QUANTITY AMOUNT (f) (r) (h) PER CENT (i) - 9 Fertilizer 350 Lbs. .25 87.50 350 87.50 100% 10 Seeding 30 Lbs. 6.00 180.00 30 180.00 10,1% 11 36 -inch CMP 30 L.F. 41.25 1,237.50! 30 1,237.50 100% 12 18 -inch MV 24 L.F. 29.00 696.00 24 696.00 103% 13 Culvert Trash Rack 1 Each 300.00 300.00 1 300.00 103% 14 Chain -Link Fence 29541.6 L.F. 8.65 255,534.84 29510-1.6 255,534.84 100% 15 Driveway Gate 10 Each 1287.00 12,870.00 10 129870.00 100% 20 Feet 16 ilalkway Gate 6 FEET 1 Each 632.00 632.00 1 632.00 1OVo 17 4alL ay Gate 1 Each 620.110 620.00 1 620.00 100% is Feet TOTALS 299,1175.62 2991,475.62 0-F Amended By Chnn81 Order i b.1 t • F I I . i � 1 I } r 1 1 i FAA Form 5100.9 17.701 SUPERSEDES FAA FORM 1629A CPO t13M.301i 1 .. F It C 0 loci,�11ST�1/:oT Ii/r L�d11'/:��T/111 Richard B. Engen, Director D/YISION D/ f/A/f I"#/" AND HIISIOUS June 6, 1975 M S, H�MMONO, 60YERNOR Pouch G Juneau, Alaska 99811 Mr. Roland D. Lynn City Manager City of Kenai P. 0. Box 680 Kenai, Alaska 98611 Dear Mr. Lynn: Enclosed are 3 copies of the construction grant agreement. I am sorry for the delay in revising the forms that has kept this here so long. tie look forward to receiving a copy of your plan and bid specifications, Please sign and return two copies to us for full signature.on the agreement. Sincerely, Mrs. Margaret Leibowitz Deputy Director Alaska State Libraries and Museums HUB Enclosure(s) l c � ALASKA STATE LIBRARY AGREEMENT LIBRARY CONSTRUCTION GRANT This agreement, made and entered into this 1 st day of, May , 1975, by and between the Alaska State Library, hereafter referred to as the First Party; and the Library Board of Directors of the Kenai Community_ Library , hereafter referred to as the Second Party; and the City of Kenai hereafter referred to as the Third Party. WITNESSETN WHEREAS, The State of Alaska has appropriated funds for library construction; and WHEREAS, the application of the Second and/or Third Party for a grant -for public library construction has been approved. NOW THEREFORE, for and in consideration of the mutural covenants herein contained the parties hereto aggree as follows: A. The First Party will agree to: 1. Furnish funds in the total amount of $ 250,000 These funds will be paid in four installments, on 15 percent, 50 percent, 75 percent, and 100 percent completion of the project. Ten (10) percent of the total Public Library Construction Grant shall be withheld from the r final payment pending completion of a local audit. j 2. Provide, as necessary, advisory services in furtherance of the pro- ject and supervise the administration of the project. 4 B. The Second and Third Parties will agree to: I 1. Expend local funds of at least $ 250,000 for project purposes. 2. Employ a qualified architect to pian and supervise construction. Submit preliminary plans and final working drawings and specifications k it to the First Party for approval before the project is advertised for bids. Change orders should be submitted for approval prior to authorization for inclusion in contract. a 3. Meet all applicable state and local laws, regulations, and codes for - the construction of a public facility. x 4. Call for bids within 90 days from the date of signing this contract. Begin construction work promptly and complete the project within a -{ reasonable length of time. S. Provide on-site architectural or engineering supervision and inspection to insure that the completed work conforms to the approved plans and specifications. l w I� i I. li I I I , I IIII II II ! 111,1 JIIY�II�llle 111, lYYlll III I -I II I I II . I III I n I I I II � I IIII l� IIII I I I I ,- 6. Assure compliance with Federal and State laws and regulations relating to environmental planning, reports and protection. 7. Permit representatives of the First Party to review records, make audits and on-site inspections. S. Make requests as scheduled above for the Grant share of construction project costs on forms specified by the First Party. 9. Establish and maintain such accounts as will permit accurate and expeditious audit at any time during the construction project. 10. Submit to the First Party regular reports of the receipt and disposition of money, copies of the inspection reports, and such additional reports as may be requested. 11. Provide the First Party with an audit of the funds on the completion of the construction project. - C. Conditions: I. No expenditure shall be made or action.taken which is contrary to the laws or regulations of the State of Alaska. 2. No change shall be made in the project unless a change order is approved in writing by the First Party. 3. The application for a Library Construction Grant is made Part and Parcel of this contract. r ALASKA STATE LIBRARY (Name) -Title- LIBRARY BOARD (Name) (Title) LOCAL JURISDICTION (Name) (Title) .l ..Llil .I- .� � _ , .. � ...._..."S.. xa a,..ru�.�..�»-�s,aauau:r�• —.-.-. ,,_._:._._-.f.,.._,._. - ._ - CITY OF KENAI RESOLUTION NO. 75-29 A RESOLUTION OF THE KENAI CITY COUNCIL ADOPTING A SCHEDULE OF PINES AND CHARGES FOR THE KENAI COMMUNITY LIBRA BE IT RESOLVED by the Council of the City of Kenai, that th following schedule of fines and charges is hereby adopted for the Kenai Community Library: 1. A person who fails to return books and/or phonograph r on or before the due date shall be fined at a rate of five cents per day pe or phonograph record. 2. Books designated as rental books shall be rented for a f4 ten cents, and shall be returned within one week of the date they are chi out. Any person failing to return a rental book on or before the due dat4 be fined ten cents per day per book, until the -book is returned. 3. There is hereby levied a charge of .five dollars per day, J materials which are loaned from the library other than books and phonol records. 4. A deposit of five dollars per card, or ten dollars per fan ►. shall be required for the issuance of any card. The deposit shall be hel one year, and shall be refunded after that time, upon application of the i and upon authorization of the librarian. DATED: At Kenai, Alaska, this _ day of June, 1975. CITY OF KENAI ATTEST: Acting City Clerk !y k _ I: E y JAMES A. ELSON, Mayor a r, _ e7 IYAM: 01' AIRPORT LAVIIS 011 1'Af ityrirS THIS AGRrF%1r%T. entered into this day of 19 , by and between the CITY nr rtfVAt, a home -rule municipal corporattim, of Alaska. hereinafter called "City", and RA%'1°X TRANSIT. dha Brian L. and Sancy J. Peck hereinafter called "i.essr•,.', That the City, in consideration of the payments of the rents and the performance of all the covenants herein contained by the Lessee. does hereby demise and lease to the Lessee the following described property in lite Kenni Recording District, State of Alaska: to wit: Counter Space P16 (60 square feet), first floor, Terminal )building, Kenai Municipal Airport. as described in that certain deed from the USA to the City of Kenai filed in Rook 270, page 303, Kenai Recording District. Term: The term of this Lease is for 2 years. commencing on the 1st day of July_ . 197S . to the 'i-a-00flny of June . 19 77. at file annual rental of S Payment: Subject to the terms; of fbeneral revenant Vo. 10 of this Lease. the rental specified herein shall be payable as follows: (a) Rivht of entry and occupancy is authorized as of the _ -/A day of N/A . 19 . and the first rent shall be computed from such date until June 30, 19, at the rate of S N/A per day for N/A days. equals $ N/A` now due. j (b) Annual rent for the fiscal year beginning.luly 1 and ending June 30 shall be payable in advance, on or before the first day of July of each year. (c) Rental for any period which is less than one (1) year shall be prorated, based on the rate of the last full year. (d) The rent specified herein is calculated as follows: 60 squoro feet at $��_�VV/A per square foot per year. or $. N/A per year.an=n accordance with Schedule A attalcneo. In addition to the rents specified above, subject to General Covenant No. 10. the Lessee agrees to pay to the City fees as hereinafter provided: (a) Assessmenta for public improvements benefiting property In the amount of $ N/A (b) Applicable taxes to leasehold interest or other aspects. (e) Sales Tax now enforced or levied in the future. (d) Interest at the rate of eight percent (89t) per annum on any amount of money owed under this Lease which is not paid on or before the dale it becomes due. (c) Additional charges as set forth in Schedule A. attached. Page One. LL'ASR Complete Revision 5/2/75 0 e p, _M-�•.--_--__... _ .. _ t:..— Kx.l , is an, n i I The purpose for which this Lease is Issued is: Counter space for bus 6 1isnausine service. OFNMA£. rOV1`1AN't'R 1. Uses: Vxeept as provided herein, any retrular use of lnndr. or facilities without the written consent of the rity is prohibited. This prohibition shall not apply to use of areas desinnnted by the City for stseeifiifl public uses. such as passenger terminals, autornobile narking areas and ••trepts. 2. 11ses lot Contemplated Prohibited: Rolieitntion of donatif,ns or the promotion or operation of any part or kind of business or commercinl enterprise, other than ns specifically set forth herein. upon, in or above airport lands, without the written consent of the rlty is prohibited. 3. Impounding, of Property: Any or all personal or real propr::y placed or used upon lands or in facilities in violation of prohibitions may be removed and/or impounded by the City, and when t -o removed and/or impounded, such property may be redeemed by the nwner thereof only upon the payment to the City of the costs of removal plus storage charges of $1.00 per day, or $5.00 per day in the case of each buildini,r 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 $5.60 per day, or in necordnnee with such higher fees as may be incorporated into regulations of City's Airport. 4. Commitment for trent And *ton -Assignment: Lessee nrrees to pay the annual rental and fees specified and not to assign this Lease or any part, nor let, nor sublet, either by er9n1 or implication, the. whole or any part of the promises without written conrr%nt of the City. which consent shall be obtained pursuant to the .following procedure - (a) Submittal to, and approval of, proposed lease transfer by the Kenai Planning Commission. (b) After approval by the Renal Planning commission, final approval of transfer hy, the City Council. Any assignment in violation of this provision shall he void, and shall be grounds for cancellation of this Lease by the City. 5. Treatment of Demise: The Lessee agrees to keep the premises clean and to good order at its own expense, suffering no strip or waste thereof. nor removing any material therefrom. without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. G. Payment of Rent: Checks. bank drafts or postai money orders shall be made payable to tite City of Kenai, and delivered to the City Administration Building, Kenai, Alaska. 7. Construction Approval and Mandnrds: 'nuildintr construction shall be neat and presentable and compatible with Its use and surroundings. Prior to placing of fill material anti/or construction of buildings on n loused area, the Lessee shall submit a plan of proposed development of property to the City Minting Comminsion which shell be approved in writing for all permanent Improvements. Page Two. L1.A.gp f n ;1 iI i 0. iease Itrn_rwnl ttenursl Prnrrdut•r: 1•essre shall tvilitin thirty ! i (30) days before the rxpirati m. n;akt? application in writinir for a renewal, ! certifying under oath as to the character and value of all improvements kI existing on the land, fa,•ilities, properties. or interest therein. the purpose for which such renewal is desired, mud such other information as the City inny require. The Lessee shall deposit with surh npnlientiop, the sum equivalent to one hundred percent (1001.) of the prevailing annual rental or fees still in effect. Such application. when fully conforming to the requirements herein stated, will t. -tend the Lrnr:r• on n month-to-month hasis until such time as the City rives notice to Lessee that: (a) The request for renewal has hren granted. i (b) The request for renewal has been rejected, stating the i reasons for such rejection. t (c) The City has determined it to be in the hest public, Interest. or is required by Law or regulation, to offer the Lease of a public auction. (d) That equitable considerations require a revision of the Lease prior to granting a renewal. 1 _ 9. Ill of Entry: Should default he made in the payment of any portion of the rent or fees when clue, or in any of the covenants or t conditions contained in the Lease. the Pity may re-enter and take possession of the premises, remove all persons therefrom, and upon written notice, terminate the Lease. 10. Rent xsernlation: In the event this i.ease is for a term in excess of five (5) years. the amount of rents or foes soneifird herein shall. r,t the option of either party. he subject to renevotintion for inerepse or dr—wt-m- at intervals of five (5) years from the lst day of July preceding, the ! effective date of this Lease. The amount of such rents or fees as rrmeentiaterl shall reflect the then prevailing fair market value of the lonsehold. %n increase or decrease in the amount of rents or fres shall be effective, cyceot 'Upon ninety (00) days written notice. ` in the event the parties are unable to agree upon the, amount of :f such increase or decrease, such amount shall be determined by three (3) i� disinterested persons; one thereof to be appointed by the City Council: one i to be appointed by Lessee, its successors or assigns; and the third to be chosen by tim two (2) persons appointed as aforesaid. The written ' determination of such three (3) persons shall be final and conclusive. Neither party shall commence legal action without complying with this i provision. 11. Building rineement Restrictions: No building or other permanent structure shall be placed within ten (10) feet of the boundary line I of any lot hold by a Lessee; provided. however, that where two (2) or more a lots held by the Lessee are continguous, the restriction in this condition moy be waived by written authorization of the City. 12. Protection of Aircraft: Vo building or other permanent structure shall be placed within fifty (501 feet of the property line fronting n landing etrip, taxiway or apron without the written approval of the CO. This `•J area shall be used for parking aircraft only. 13. Notices: All written notices required by thin Canso or permit shall be sent by registered o)' certified mail or delivered personally to the. i Pate Three, LEASE ^ f r t t` F ---P— - -----I*,--- I ._— -r---= 1 ------.••7AR;..,,y.,1,l.,y,�ei,.0 ,. - r 1 i 4 f I' f t I, k f t� Inst address of record in lite filrs of the city. 14. Offer to T.rnse Acre vinnee: The offer to lease is wade mil+juct to applicable laws and regulations of vity, and rorty be withdrawn without notice at any time after thirty (30) days; from r.uhtnission thereof, unless within such thirty (30) days lite Lessee executes and returns lite Lease to the City. Ir. Underh•inr Title: The interests transferred, or conveyer! • by this Lease are subject to any and all of the covenants, terms: or cont!itiolls contained in the Instruments conveying title or other interests to the rity . 10. Riehl of Inst.ection: r'ity shnll have the rir[ht, at •+11 reasonable limns. to enter the premises. or any Part thereof. for the purhorrs of inspection. c 17. insurance: Lessee covenants to save the City hnrmlrs � from j all actions, suits, liahilili-s or damsres rrsultirii• frnrn or m•ishtv out of ativ r acts of commission or nmission by the Lessee. his ngonts, employers, castor ;arc, i ( invitees, or arising from or out of the Lrssee's occupation, or urr. of the pec; fixes t 6 demised, or privileges granted, and to nay all co,,ts connected theret:•ith. rn j this connection, the Lessee agrees to 9rranec and nay for all the foldowhir: 1 (a) Public liability insurance protecting both the City and/fir Its agents and the Lessee, such insurance to be evidenced by a certificate showing the insurance fit force. •rite amount of such public liability insurance i shall have limits not less than those known as _$ loo, 000 $_ap900/SSo,(Q00 (b) Lessee agrees to carry employer's liability insurance and Workmen's Compensation insurance, and to furnish a certificate therpof to the city. (c) Insurance contracts providing liability insurance and Workmen's Compensation r:hnll provide for not less: than thirty (30) dnvs written notice to the City of cancellation or exniration or suhStantial chnnve in policy conditions and coverage. (d) Lessen agrees that wniver of guttroration agoint,•t the, City shall be requested of Leasce's infiuror, and shall he Provideri at no cost to the City. (e) Cross f.isbllity: 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. Accounting Obligation: Lessee agrees to furnish the City an annual sworn statement of gloss business receipts and/or an annual sworn statement of the number of gallons of fuel and oil sold and/or any certificate or statement to substantiate the computation of rents or fees, including reports to other governmental agencies. 19. Collection of tlnpoid'ttonles: Any or all rents, chorFes. 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 lite Lessee and Lessen,'s property, real at* personal, and the City shall have such lion rights as are allowed by Law. and enforcement by distraint Page Four, LRARE 1 � , 4 tray be made by the City or its authorized nrent. 20. Easement Crantn Reserved: city reserves the rir►ht to itrnnt and control wit ements in, or above the land Ieascd. No such grant or casement will be made that will unreasonably interfere with the. Lessee's use of the hind. 21. Lease Subordinate to Financltiv Requirements: Lessee nvreot, that City may modify this Lease to meet revim tt requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant . However. the modification shall not not to reduce the riehts or priviler!es granted the Lessee by this i.ease, nor act to cause the Lesser. financial to s. 22. Rirhi to Remnve Improvements. Improvements owned by n Lessee on airport lands shall, t.ithin sixty (GO) days after the e-piratlot. termination or cnneellation of the lease, he removed, provided that. in the opinion of the City. such removal will not enuse injury or dar—ire to the lands; And further, provided that the ('ity may extend the tirrge for romovinif such improvements in cases where hardship is proven to its cntisfaction: provided further, that Application for eytension has been made in uniting And received within sairl sixty (00) day period. 'r'hc retiring Lf-ssee rnRv, with the consent of the City, sell his improvements: to A succeeding tenant. 23. Improvements Left on i.pAseitnld: if tiny improvements and; or chattels having an appraised value In excess of A10,000 ns dplermined by the City. are not removed within the lime allowed by renernl rovennnt vo. 22 of this Lease, such improvements and/or chnttels cony. upon due notice to the Lessee, be sold at public auction under the direction of the ritv. The proceeds of the sale shall enure to the Lessee who owns such improvements and/or chattels, after deducting; And paying to the, fit)• all rents or fees rine and owing, and expenses incurred in making such snlp. If there are not 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 51.00, whichever amount is greater. The, City shnjl acquire all rights to such property, both legal and eugitable, At such a sale. 24. Title of improvements on Leaschold to rltv: 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 Gener•n1 Covenant No. 22 of this lease, such improvements and/or chattels shall enure to, and absolute title shall vent in, the city. 25. Right to Adopt Rules Reserved: (a) City reserves the right to adopt. amend and enforce reasonable rules and regulations governing the demised premise's and the public areas and facilities used in connection therewith. vxcept in easoc of emergency, no rule or regulation hereafter adopted or ninended by City shall become applicable to Lessee unless it has been given ton (10) days notice of adoption or Amendment thereof. Suph rules And regulations shall be consistent with safety and with the rules and regulations and order of the Federal Aviation Administration. Lessee nproes 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 ruler„ regulntions, laws, ordinances, or orders of any gover nmentnl authority, federal or state, ]Awfully exorcising Authority over the Lessee or Loasce's conduct of its business. Page Five, LEASE s I II (0 City •,h -at) not )w fit 6.1. -oily flil-1111titiflof I)p -f Ill- ­0fi­j46t, .... t,f Wc ht vellisil"v. 111 m-1-finlit ssf 111jr. w f'r :, ily .I I0, viv: fit louf I'm it v a., ill it- it. Ill Ill-tv! Wed . till), thttll Iw :-I-A !" "f .1 4. 14 "l-whi t-s!j j,f t1tv I- -im- f.r -w '101,wAA . IrIll fn ifitt • !.-v !.. 11'e, 1,110 f1cyttl'. I of the +1 4 - t:114, to v"'I't ifill'. i,.I) for in I"'l-I ( r till. by (-lot rAi"11 .if Lav in th-, IS f1w. Stile n,,* %I... %­. 2C,. Air,:vrift 0t­wnt:wm Poet ett 0) v Vo Ill, Piliv. its nwl for it • it o ;-v.1 tiff. rt,.. of lot.*011w.— wit"I V ,'i .1'.f v -I!--v in is.• in the -f ron". -ft. for lv­-ar*f I. w;r.0 1",• 1, 1.1 ll, M.- vi;. lit i, -; :.-.;Ci ;,I. "T all Ple :elwlj I i' pf".1 (t.) The by f-CePIS11111, iM4 (-of ... t Y.tre­ lot- ill elf. W: queecv.}vwb . -tittl if I-. ill 110 ew nor w-reilt the -n-voinn of f-r,y striietur-, tir r-bit-ot, rj(,-- it—i"it th- rt-tiv,-fl- e,f any tpcf.!i Oil if;.- 1,!I Ill (.of IV "vvs, ;;(,rpnnrIpv . %t 'it ieli wneri i,e i.ii tominrt of, ,tI,kietion ACIIII fit iM rntion I.- pilallowz . P.frt 77, 'm n.1mi'l, (t , Ir tile (weIll Me Isfie-r-4 if covenant i,. brt'l-lif-0 , the Pijv ff-n fro rillf.e fill tl,-, T--wi conveyed hevoutirl.-W nn({ to reswtvir, tit#.- 541,11.,till't, rov el­.J?'ct . ;will] it put thn offendime 1t -e. till of v.10t.-h Mirill Iw lit till, vn­,ivn;.v to( Pir, lo—wor, or its hoir.,i.or tiuc.�-vww%. or (u) The T&F,-v'v try Acwuptlllt+, Itylif. Olfr,f.-( for itself, its And ff.snipwc, that it will I'M twAl- Use of tile 614110 pl-011VI-ty In $-fly ainnolor which ,night [werfere with thf; lim(li and (fiNiq off (if :drewoft frwri F Ad venal Airport. or, Mhca-wive et-vatinct r-o- airpoK Nuard. In the Pvc-tit Vwe lid covert -in Ii. lwweltpd. Ill(- City rtwerves the rit-lit to enter oil the Jami ewivvy,-I herrurtlu onel catitm the. Dbatevvirnit of faivit inte.-i-foriffice qt the eyijr)uie n, the 27. Pif-IN to !tntoytrent and Penoeable 11rw-;v!lf+1Iv City hereby agreco, and covennivis that the I.nw.ice, upon payint- rmit =roll loci -fort -infr other covennntA, term-, und couditiong of thin Tamme, shall hm,n the Arbi to quietly and penes fully hold, utiff, occupy find enjoy Ow sitid lenued pre'llilov- 28. Lflnfwo to Prvy Taves: Les%pe Minll )Jay All laW ill taX*-tt fill} astiosninent-4 which, dui-hir the term hereor (ntly 11rcromi- a lien unit" or %V11101 may be levied by the Male, horough, city frop Any ollv!r tnx-lmYlnff body, upon any taixtIble pawj%sory rivid whinh LpArwr- mify have in fill to thn pronlism; or frIcilitittit herel)v )naierl, or the ImprovenipiltA thereon, by reason of ita tit-.(± for Occup ll nrovirlml thit polhintr herein contained shell nwirwent Lirifznev iron) ponterAllve the leffality, valliflity. or Application of tiny fzuch tax 01fir rfitmnnt, - iltrPoost to ony LonpAr n rengo"Mile cht,rfee for Oily ellilivt: I-vollif."O toy Lr• anis hi N'rflinr. which PerviveF., fit- f-leollitlei; Iwo, not pro.-i'led (6). 30. N`1 P- - ­ ­ 'ifi, ­- (-I. ..., .rd: it it: ptpj-d- 1111dregints(l III -It tfir. i'l-liv .,%:I I I lit it he etsi tqtt,,.t oil w, lif-141 to be A pnript- no, J141!1 ventolve 4 1,1 Vie .."101tot W !-w.ilvw: 4.11 ill(.fir . .4 Parti, Six, LHAS.P. It 35. Canntl ol,: Lo Prr:v,gtt t,i .•• i ,sin ,tion: It! ,•rcr..•t ftR Ihr f to approve all champs rad p1 i :•ilegee r+•h•nrlr:rl to o:• r•ilhbeld F+•nm. the public, in order to bmurs, reawninble eh.•lrf ..s wd Pi-r•\•pnt nn .sihle discrimination or nevroty0iun nil flip. 1 rods of rave. c0nr. crood tit- witinw-I orlid n, or for any other related 1•itimon. i U. Mondir-erin,ination: "'bit i,essee, fat• lliml=elf, hitt hell+,;, personnl repreaentativrrs, suceescorr; in fulrtreat, anti rctii}tns, no n it:Irf of the consideration herctof, dues hereby c•ovenont anti ngroe n:: it eovr•snul running with the ldnd, that In the event Glcilities are constructed, maintnirnrl. or otherwise operated on the said prwrtrty doseribrd in this Lf•as:r•, for to purpose involving the provision of siinlInr services tar bennfits, the Lewmet shall maintain and operate such fneilities anti stir vicrrl in comnlinnee whit all other requirements im}lored pursuant to'ritle 41t, fade of Pncleral Regulations, Department of Prrtnsortrbtlioit, cublillr A. (iffiee of lice Sceretnry, hart 21. \ontliserfmination in Federally- r•t:sisled Prottrntnv of the i)rpslrfinent ofTransporbdif,n -- Tffrcluation of'1'itln VI of the f ivil Rjr.htn Act of IfIG4, and sin said Rrt!ulrtlions may be amended. That in tin ovenl of breach of tiny of the above nondi erhninnlio.n covennnt% the City shall hrtve the rigid to torminnlc lite Least) end to re••entrr and retmssres gild land rine? fifellities thereon. and hold lisp mala sir: if twirl Lance hnd novel. bf.rn Infill.• ee irmun_d . 37. \ondf::.:rh, b: Ai,tn: ','tin lo -wen, fr,:' hirnvelf, lite pel•ratl, i representative. r;uccf•sorn in inP.-t-o•••t. and n,:0ins, fit; it ntn•t r,f flip. C.d: 11,)1; l• •'.. , (10 ., r ...... Iq 'n I -Ill tit,,, I ( . • :: h ri,.. rr tli I'll'- { 1';,}••: Nevelt, i,kASlt I I ( nail it is ,•Kprr•::•1y unci n}:r, • I III-11 tin• r, I:diuu• hip t+rltvrr•n t1,r f pnrli,•:, heroto it., find shunt nl :til tims., +••main, mai of i:mm.ird and Ir•tt•ml. 31 . t -r ILII V . . r•IIIIfo rt, I f tit(. L, ,. r• a, sit he Int• t; aSK!;ttn•:(•hl fl,t• lit✓ I,v�u•'it ,•� I':'••t'ih.: -, r^� •�.h•III Ir.• ..Ijc,l:!rJ tl h .UT.••ttt,l. ,,• ! ''• if a ruc'rh•er i:; ::}tp(41II(t for ihr 1 r:.:..• e{ L,••: •r• ':. ;,• w t ., of* ;,,IV iut,.rr•�t n1A!cl' this 1.ra •,I•, fit'.d If l:L• ::+.•}n•i11L":•'ll• „` Ile' s•,.c•l•i...•. } . 1'nt "'aS.t„f Within fit••• (') rl:.yr•. I.I. if voluutnry I•rtiti,vt it, fil .i ,t Oct' SI rlic•n t::r • 1 ” of flip 11:,tsl:1•uptev :1,•t by ll-.• l., see I.,•••ti :Il.rl in ,Im ­.­10 . Ow e•ity u, upon Oving the 1 rt..or tell (Int eta} ;' ►fall.,•. Ir: r:0r •,• 11•is L( +. , 3 !. "!.1 ...... /,r r•it_t•'. v . ,,. 1 {,.. eee"',t••. of el•-,•VOI, nll(i r, n,; t,\' til:•.( 1!\' `nI `1:\' {• .� j, ,i ,,.. 1,..,.: .•}r .• ,I r.; .,. It r' lilt• frt'1 , .. Cpl• •,:':I •?. 11'41 !`) he .. , r 1 {.\• +'• t.• 1,111lll nal be• r}, (+ oft •I ;•s}.•.•.• ..f .;n, .•it•t:'- •et• tit,. 1. . 1 r,r t!•r r•e, to 1 . . .• this ;wr :r •1,' ,.. 'r,lar( I. ... Lr••.., 1 t, I;.,..,1• .. I. of. of fit^ 1^rano- ot• e0vi`II• nt% sir o.,t•'i:ic,w; I• ; r•.:I , _. .. R:. R �I,ip ry. ..,ti .i• n•t.;. 1 {. •.li.t� t.. , r+• . if ihr Lcslcec du t m•t t-.•ita in •=aril r;, :. •,belt•• r", I!,: t•ily I t It.- t: shall shall dcAvrinine to be rensor•r•Lle, sir ii llv Lor•s-wf• ft:ik Iu I—flsscisr • .0l or klcilili::+; s1:1*00mit to rc :.or,:(hly r prlt;o flip earl•', .• 4r tt i :i ►: t` { - Leaso is Rranti-d. 34. hall' f)�ie: rli,a' rhi,; T, a�.e i:, tlhjr_f to en+te,+11^tion if the I.emw fail:+ to furni:.h x11011 tr,+•for• un it fn}:•, r(!.r:,l I-sit, tial unju: lt,; f diserlthinntory bw•ia to sill u:•,:rn thereof, or fails to Asir, ro l:nn:ul' and not tntjusil'v di•:c•rimiltot(try priers 'n•• p wl, unit ,,, r—iwvire: tit r•t•tr'.. ' flint ihr: Lessee Intly Vic alh,wrd to mako rex :unrble mut t:nn-tif a. rIa in::S,r \ l dir:rount::, rebates. or othr r MitiWir tYpr••• n' prier rrrit:r tinrf: ,n v-Oij^ !! purchu:.ar .. 35. Canntl ol,: Lo Prr:v,gtt t,i .•• i ,sin ,tion: It! ,•rcr..•t ftR Ihr f to approve all champs rad p1 i :•ilegee r+•h•nrlr:rl to o:• r•ilhbeld F+•nm. the public, in order to bmurs, reawninble eh.•lrf ..s wd Pi-r•\•pnt nn .sihle discrimination or nevroty0iun nil flip. 1 rods of rave. c0nr. crood tit- witinw-I orlid n, or for any other related 1•itimon. i U. Mondir-erin,ination: "'bit i,essee, fat• lliml=elf, hitt hell+,;, personnl repreaentativrrs, suceescorr; in fulrtreat, anti rctii}tns, no n it:Irf of the consideration herctof, dues hereby c•ovenont anti ngroe n:: it eovr•snul running with the ldnd, that In the event Glcilities are constructed, maintnirnrl. or otherwise operated on the said prwrtrty doseribrd in this Lf•as:r•, for to purpose involving the provision of siinlInr services tar bennfits, the Lewmet shall maintain and operate such fneilities anti stir vicrrl in comnlinnee whit all other requirements im}lored pursuant to'ritle 41t, fade of Pncleral Regulations, Department of Prrtnsortrbtlioit, cublillr A. (iffiee of lice Sceretnry, hart 21. \ontliserfmination in Federally- r•t:sisled Prottrntnv of the i)rpslrfinent ofTransporbdif,n -- Tffrcluation of'1'itln VI of the f ivil Rjr.htn Act of IfIG4, and sin said Rrt!ulrtlions may be amended. That in tin ovenl of breach of tiny of the above nondi erhninnlio.n covennnt% the City shall hrtve the rigid to torminnlc lite Least) end to re••entrr and retmssres gild land rine? fifellities thereon. and hold lisp mala sir: if twirl Lance hnd novel. bf.rn Infill.• ee irmun_d . 37. \ondf::.:rh, b: Ai,tn: ','tin lo -wen, fr,:' hirnvelf, lite pel•ratl, i representative. r;uccf•sorn in inP.-t-o•••t. and n,:0ins, fit; it ntn•t r,f flip. C.d: 11,)1; l• •'.. , (10 ., r ...... Iq 'n I -Ill tit,,, I ( . • :: h ri,.. rr tli I'll'- { 1';,}••: Nevelt, i,kASlt I 1 i f F � 1 - i z f .. i � J 1 } It - l , { .i .t i I with file land that (1) no person on iho grounds of rnee. color, or national origin shall to excluded from partieipation in, denied the henefit!t of, or be otherwise subjected to di-wrill-inntion in the use of said facilities; (2) that in the construction of any improvements on, over, or under nuel► lAnrt And the furnishing of services thereon, no person on the ground% of rnee, color, or national oril;in shall he excluded from participation in, denied the, benefit:-, of. or otherwise be cubjrcted to discrimination: (a) that the t,escce shall use the premises in compliance with nil other requirements in•pr>cad by or pursuant to Title 49. Code of Federal Retrulations, inepartment of Transportation, Subtitle A. Office of the Secretary. Pnrt 21, Nondiscrimination in Federally -assisted Programs of the nepartne"tlt of Transporatfon -- Effectuation of Title VI of the Civil Nights Act of 196.1. and as said Regulatior" may be amended. That in the event of breach of any of the above nendiseril-droatin:: covenants, the City shall have the right to tcrm4nate the. Lrate and to re-rertcr and repossess said 1:•n.l and the fneilitics thereon, and ho'.d the same as if said Lease had never been rlade or issued. 36. Partial invalidity: 1f any term. provision. condition or part of this Lease is declared by a Court of uomnetent jurisdiction to Ile invalid or unconstitutional, the remaining tr.—rr?, provisions, condit4nn; or parts shall continue in full force and effect as though such declarntfon 4•n5 not made. 39. Parol *+odificnfions: it is toutunliv understood and nvreod that this agreement. as writion. eovers all .the, ngrroments And stipuPotions between the parties, and no representations, ornl or written. have barn made modifying, adding to. or chnnering the terms hereof. 40. werraniv: The City does not warrant that the property which is the subject of this Lease is suileri for the use authorized hes•ein, and no guaranty is given or implied that it shall lie profitable or suitahle to employ the property to such use. 41. Additional Ciovenants: Lessee agrees to such additional terms and covenants as are set forth in Schedule Ft. attached. IN WITNESS WHFP.EnF, the parties hereto have hereunto set their hands. the day and year stated in the individual acknowledgments below. Page Eight. LEASF. CITY OF KENAI By !� ._L. _il.!.LL__�.._,_.._. i !.,_ _—�: ....._�=_aR.;.9......1....,y.,,.._��-.'`il.- =-�— ., .____. ��._:a:�•irs .. . i. I - .� I f . , STATE OF ALASKA ) ` f THIRD JUDICIAL DISTRICT ) f` On this day of . 19 . heforp me pew onally appeared , known to he the person who executed the. above Lonse. and acknowledged that he (the) had the nuthority to sign for the purpose: stated therein NM'ARY Pt'RLIC 1'04 AI,Agt;A My Commission Expires: I LRSREE STATE OF ALASKA ) )as. THIRD JUDICIAL DISTRICT ) On this day of �.fl1 ,,c. 19 %t r. before me personnlly appeared A,,4,L -e, f t �.', n .✓ 1. 1'fc e. known to he the perrnn v'ho executed the above'Lease and acknowledired that he (she) had the authority to sign the same, for the purposes stated therein. Nt1't'ARY I'll"LiC FOR ALASKA My (:�immitsion FxpiMeF: /_•- (! 1 ACKNOWLEUG"1F\T FOR HITSIRAN'D A%n WIFF STATE OF ALASKA ) Rs. THIRD JUDICIAL DISTRICT ) I Before me, the undersigned. a Notary Public in one for the Slate of Alaska. on this day personally appeared 7 1;(!, t_ . iafc is { and —.A)13 n �r I I if r it . husband and wife, both known to be the � persons whose noshes are subscribed to the foregoing Lease, and acknowledge. to me that they executed the same as their free and voluntary act And deed, and for the purposes and considerations therein expressed. fi1VEN UNDER MY IIAND AND SP.AL OF OFFICE, this / (r11MY of t �J, rim , afte 097f WOTARY P11Itj.IC Fon ALASKA My f:ommission expires:, ,. , . :? Page Nino, LEASE i W f r CORPORATION ACKNOWLE11131,WNT STATE OI' ALASKA ) )as. THIRD JUDICIAL DISTRICT ) Itefore me, the under::igned. n votary Public in and for the State of Alaska, on this tiny personally appeared and , known to me to lie the persons and officers whose names are subscribed to the foregoing lease, who being duly sworn. did say that they are the President and respectively, of Comvanv, a coMonration. and acknowledged to me that thoy executed said Lease as their free act and decd in thole sold capacities, and the free act and deed of said corporatian, for the purposes stated therein. GtVEY t1hnFR try n„VII :1vO srAI. OF OrFICF, this day of 19� NOTARY PUBLIC F011 ALASVA My Commission Fxpires: APPROVED AS TO FORM by City Attorney, this day Of 19 CITY ATTOI?Kra,Y ' INITIAL LF.ASfi APPROVrD by City Council, this day Of , 19 s t CITY CLFnK ASSIONMENT APPROVrI1 by t[enui Planning Commission. this _day of ASSIGNMENT APPROVED by City Council. this day Of , 19 CITY CLFRK Pago Ten. LEAST' F �• -iil•lil.li ilA II. it i-IAi ._.-..a��.a��. __�_ - __��...fT_, .._. __ _..__ SCIIIi11Ul.li "A" (c) Add i t lona) Chat 1_t s The lea::e cha1.1te shall be Jetermifled annually and shall be computed by dividing the square foot:Al;c leased by the I'v! by the total inadior of square foot of leasable fluor space, excluding Lal1t;,Ays, restroom, find public waiting :Areas, in I Terminal Building. For the purposes of this lease, the fraction so deriver be referred to as Ix.%::eels Ratio, and shall be covinited an I 60 square fret leased by the Les -.cu, divide by`1�,058 s(itiare feet of leasable floor space, equal Lessee's Ratio. 1. Baso Charge: The base char. --c shall be computed b) multij�lying the Lc:arc'� Ratio by the total ataouot of expenditures set forth in the City of Kenai's Airport TormJnal Iludget for the currentfiscal ye:Ar, but excluc from that amount the chanes for. the following, utiJit.y services: water gas jagitorial garbage sewe r electricity A 2. Utility Chat a: A utilityy charge for the utility t servfcis abeivcil4scribcJ will be charged in addition it base charge and shall be computed Ivy multiplying the Lossee's natio by the total monthly cost to the city of ` such services. If any of the above described services metered separately or otherwise sel,regated from the tot i the charge for that service will be based on the asnount so metered or otherwise segregated. LFARR OF AIRPORT LA'vn5 Ott F-M-11,1TIVS, TIIIS AGREVNIFNT, entered Into this day of , 19 . by and between the CITY OF KENAI. a home -rule municipal corporation of Alaska, hereinafter called "City", and Robert S. Britt Ahs/ 4,niisv nti,wt_IP vAn ttingn hereinafter called"Leso-:ee". That the City, in consideration of the payments of the rents and the performance of all the covenants herein contained by the lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording district, State of Alaska, to wit: Block 2, Lot 9, Fidalgo Subdivision, Section 5, 1*5N, RIM, Seward Meridian Term: The term of this Lease is for 20 years. commencing on the Ist day :,f July . 1975 . to the io Ayny of June . Mg.; . at the annual rental of S I .282, 00 Payment: Subject to the terms of General covenant No. 10 of this Lease, the rental specified herein shell be payable as follows: (a) Rioht of entry and occupancy is authorized as of the day of N/A . 19 , and the first rent shall be computed from such data until June 30, 19 , at the rate of S per day for days, equals S N/A — now due. (b) Annual rent for the fiscal year beginning July 1 and ending June 30 shall be payable in advance. on or before the first day of July of each year. (e) Rental for any period which is less than one (1) year shall be prorated, based on the rate of the last full year. (d) The rent specified herein is calculated as follows: 25.633 square feet at S . 05 per square foot per year, ora 3.282.00 per year. In addition to the rents specified above. subject to fteneral Covenant No. 10, the Lessee agrees to pay to the City fees as hereinafter provided: (a) Assessments for public improvements benefiting properly in the amount of S (b) Applicable taxes to leasehold interest or other aspects. (c) Sales Tax now enfnrced or levied in the future. (d) Interest at the rate of debt percent (8%) per annum on any amount of money owed under this Lease which is not paid on or before the data it becomes due. (e) Additional charges as set 'orth In Schedule A. attached. Page One, LEASR Complete ttevision 5/2/75 , E 111 I III III III ISI IIII; IIII ", 1!_-1111 qII III ,IuI .�J- AI-L-.5..IJ L,-2I���IIIIIIIi The purpose for which this Lease is issued is: Manual. coin operate) car stash, tiRRPRAL C,f?t't?NANTS 1. lises: rxcept as provided herein, any revular use of lands or facilities without the written consent of the Cfty is prohibited. This prohibition shall not apply to use of areas designated t,y the city for sperifierl public uses, such as passenger terminnls, automobile partcing areas and -trent-. 2. Uses %ot Contemplated Probitbfted: Solicitation of don:ltinns or the promotion or operation of any pnrt or kind cif business or coninereial enterprise, other than as specifically set forth herein, ui'+on, in or above: airport lands, without the written consent of the City is prohibited. $. lmpotlndfnt* of Propertv: Any or all personal or real prnper y placed or used upon lands or in facilities In violation of prohibitions may he. removed and/or impounded by the City, and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $I. On per day, or $5.00 per day in the case of each building or each aircraft in excess of 6.000 pounds gross weight, or in the case of any other kind of property, an amount not to exceed $5.00 per day, or in accordance with ouch higher fees as may be incorporated into regulations of City's Airport. 4. Commitment for tlent and Nan-Assitrnment: Lessee, narens to pay the annual rental and fees specified and not to apsign this Lease or any part, nor let, nor sublet. either by grant or implication, the whole or any part of the promises without written consent of the City, which consent shall be obtained oursuant to the following nrocedurn: (a) Submittal to, and approval of, proposed lease transfer by the Kenai Planning Commission. (b) After approval by tile. Kenai Planning commission, final approval of transfor by the City C,oubeil. Any assignment in violation of this provision shall be void, and shall be grounds for cancellation of this Lease by the City. 6. Treatment of Demise: The Lessee agrees to keep the premises clean and in good order at its own expense, suffering no strip or waste thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the lessee will peaceably and quietly quit and surrender the premises to the City. 6. Payment of trent: Checks, bank drafts or postal money orders shall be made payable to the City of Renal, and delivered to the City Administration building, Kenai, Alaska. 7. Construction Approval and gtnndards: kuildine construction shall be neat and presentable and compatible Arith fit: use and surroundings. Prior to placing of fill material and/or construction of buildings on n leased area, the Lessen shall submit n plan of proposed development of property to the City Planning Commission which shalt be approved in writing for all permanent Improvements. Page Two, Id?ASI? ' e , 0 �-s--ai�T�itif�- = - - - -- .mss .-_•�_—�.___ s,. ,Jill S. I,ratie Iteuewnl ttequem Proeedure.: Lessee shall within thirty (30) days before the expiration, make appliention in writing for a renewal, certifyiult under ooth ns, to the character on<1 value of all improvements existing on the land, facilities, properties, or interest therein. the purpose for which such renewal is desired, and such other information ns the f ity may require. The Lessee shall deposit with such npulicatinr+, the sum equivalent to one hundred percent (1000.) of the prevniling annual rental or fees still in effect. Such application, when fully conforming to the requirements herein stated. will extend live Lenre on a month-to-month basis until such time as the City gives notice to Lessee that: (a) The request for renewal has been granted . (b) The request for renewal has been rejected, stating the reasons for such rejection. (e) The City has determined it to he in the best public Inti—est. or is required by Law or regulation, to offer the Lease at n public auction. (d) That equitable considerations require a revision of the Lease prior to granting a renewal. 8. Right of Entry: Should default be made in the payment of any portion of the rent or fees when due, or in any of the covenants or conditions contained in the Lease, the City may re-enter and take possesslon of the premises, remove all persops therefrom, and upon written notice, terminate the tease. 10. Rent Psenlntion: In the event this Tease is for a terra in excess of five (5) years. the amount of rents or -6 -es spee-ified horrin shall. at the option of either party, be subject to rencrotintinn for inerreae or Ace. renso at intervals of five (5) years from the 1st day of duly prAcOina, the effective date of this Lease. The Amount of such i-ents or fees as roneRotlnte.t shall reflect lite then prevailing fair market value of the lepsehpld. No Increase or decrease in the amount of rents or fres shall be effective, eyeent upon ninety (00) days written notice. In the event the pnrifes nre unable to agree upon the wmounl of such Increase or decrease, such amount shall be determined by three. (A) disinterested persons: one thereof to be appointed by the City Council: one to be appointed by Lessee, its successors or assigns: and the third to be chosen by the two (") persons appointed as aforesaid. The written determination of such three (3) persons shall be final and conclusive. Neither party shall commence legal action without complying with this provision. 11. Suildinq Placement Restrictions: No building or other permanent structure shall be placed within ten (10) feet of the boundary line of any lot hold by a Lessee: provided, however, that where two (2) or more lots held by the Lessee are conlinguous, the restriction in thir3 condition mey be waived by written authorization of the City. 12. Protection of Aircraft: No building or other pertnnnent structure shall he placed within fifty (50) fret of the Property line frontine A landing strip, tnxiwny or apron without the written approval of the rfty. This area shall be used for parking aircraft only. 13. Notices: All written notices required by lhtt; lease or permit shall be sent by registered or certified mnit or delivered personally to the, Page Three. LrASR f last address of record ht the files of the L'ity. 14. (Offer to Lease Areeptmnee: The offer to lease fr. made- subject to applicable laws and refrulnlimis: of t•ity, And may he withdrawn txithout notice at any time after thirty (30) days from sul,mist,ion thereof, unless V.ithin such thirty (30) days; the Lessee executes and returns the Lease to the City. 15. Underlvinv Title: The interests transferred, or conveyed by this Lease are subject to any and all of the covenants, terms or conditiolis contained in the instruments conveying title or other interest~ to the r ity. 16. Ritsht of lnspeetinn. rite shall have the right. At .III reasonable times, to enter the premises, or any part thereof, for the purposes of inspection. 17. Insurance: lessee covenants to save the City harmless frnr; all actions, suits, liabilities, or damages resultant* O'rnm or Arisinv nut of •a•.• acts of commission or omission by the Le-mee. his aunts, employees, cu-,to:r.ers. invitees, or arising from or out of the Lessee's occupation, or use rd the pre:,isr•s demised, or privileges granted. And to nay all costs connected therewith. In ' this connection, the Lessee agrees to arronve and pay for all the followintr: I (a) Public liability insurance protecting both the City and/nr its agents and the Lessee. such insurance to be mAtle-nced by a certificate I showing the insurance in force. Tito amount of such public linbility insurance I shall have limits not less than those known as i $100.000/$300.000/$50.000 (b) Lessee Agrees to carry employer's liability insurance pnd 1 Workmen's Compensation insurance, And to furnish a certificate thereof to the City. (e) Insurance contracts providing liability insurnnee And Workmen's Compensation shall provide for not less than thirty (30) .Inys written notice to the City of cancellation or crnirntion or substantial chnnre in policy conditions and coverage. (d) Lessee agrees that waiver of subreration nVninst the City shall be requested of Lessee's insuror, and shall he provided at no cost to the City. (c) Cross liability: It is understood and agreed that the I 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 I ;i shall not operate to limit or void the coverage of any one named insured as respects claims against the some named insured or employees of such other 1 named insured. 18. Accountinr Ublifration: 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 nil sold and/or any certificate or statement to substantiate the computation'of tents or fees, including reports to other governmental agencies. 19. Collection of ltnpaid Ninnies: Any or all rents. chargest, fees or other considerations which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against thn Lessee and Lessee's property, real or personal. and the City shall have such lien rights as are Allowed by Law, and enforcement by distraint I� Page roux. LrASr i - i F 6- V-- M J r . r: �: ,,�o� ~i i o .ii a `µ.�,,.. ..waste„�..am.:u::.n..�...:..:..:...•.�:+� ...._ �: � .� mny be made by the City or it:; authorizer] Arent. 20. r•.nsementt rrnpts Renoryed: ('itv reserve lite right to grr and control casements in, or above the land lensed. Mn such rrpnt or easement will he made that will unreasonably Interfere with (lie Lessee's us of the land. 21. t.rnse Suhnrdinate In Financintt Kequirements: Lcssec ar., that City may modify this Lease to meet nevi: cd requirements for Federal or State grants, or to conform to the requirements of r!ny revenue bond coven:, However, the mndification shall not act to reduce the rights or privileves granted the Lessee by this Lease, nor act to cause the i.esser, financial lou. 22. Ri 1tR t to Remove Imnroverirnls' improvements owned in• a Lessee on airport ]and,s shrill . within sixty (so) day s t flee the. c• pirntion, termination o:• cancellation of the lease. be removed, provided thnt, in the opinion of tate City, quch remnral t: iIl not cause Injury or dar^ape to the lands; and further. provided that the f fty may pylend the time fat• re nnvin, such improvements in cases where hardship is proven to its witisfaction. provided further, that appliratien for extenssnn has been made in n•riting ai received v:ithin rain sixty (60) day period. 't'hc• retiring Lessen m•tv, •r•ith the consent of the City, sell'his improvements to n succeeding tenant. 23. Improvements left on Lonsehnld: 1f any improvements am chattels having; an appraised vi,lue in excosr. of S)o,000 ns determiner] by tl City, are not removed within the time allowed by General f ovennnt Vo. 22 f this Lease, such improvements and/or chfdtels may, upon due notice to it,(- Lessee, heLessee, he sold at public Auction under the direction of tltn rity. The proceeds of the sale_ shall enure to the Les::ee who owns such improvements and/or chattels, after deducting and Paving to the City all rents or foes duu and owing,, and expenses incurred in ranking such sola, if there are no nth bidden; At such auction, the City is authorized to hid on such imprnvements and/or chattels an amount equal to the amount owed, or to become due to th, City by the i.essee. or $1.00. whichever amount is greater. Tile City shall acquire all rights to such property, both legal and euclitnble, at such a sole 24. Title of improvements nn Leasehold to rity: if any improvements and/or chntlels having an nvimaised value of S10,000 or less , as determined by the City, are not removed within the time allowed by Gene Covenant No. 22 of this lease, such improvements and/or chattels shall enu to, and absolute title shall vest in, the Pity. 25. Right to Adont Rules "Pserved: (a) City reserves the right to adopt, amend and enforce reasonable rules and regulations governing, the demised premises and tine public areas and facilities used in connection therewith. Fxcept in rnsec of emergency, no rule or regulation hereafter adopted or amended by Pity shall become applicable to Lessee unless it has been riven ten (10) days notice of adoption or amendment thereof. Ruch rules end regulations shall be Consistent with safety and with the rales and regulations And order of the Federal Aviation Administration. i.essee, 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 tiny and all applicable rules, regulations, latus, ordinances, or orders of any governmental authority, federal or state, lawfully exercising authority over the Leasee or Lessee's conduct of its business. Fare Five, LHASE I ' i I i (t•) (•itt' -;(lull I ... I It.. If I111r• lu 1 r :•', a fill- :11n' rii... it11tlinn or• r r ) deprividi.,n •d Iln•.:.1•:.: i•In, or of it i •-it•ht•• h.•i 1 itnrll•r, .111 :,r-o"llot of flip i. /•?./•1'i 1 /• a.:.Itlt• }13.0. 1'if-hl \,1' iilltl:w Ov :r: in 111i•: �: ••i1.;r.11 1^'n,•ir1l•n. 11011. ?.It••II Lpt.!'eo hp ,•nti'1••r1 GI h•rr•�i1•:111. filo •. holy tit• nn:' nr•^tihn of til\. Lv1^rhnld —.1 fit- Ir•^.•h, (T. -•'l. -d 1.-,- rt•h•:12, tit tl,r• t•••r•t 1.;•n I,1. cU'h r it•hr•: for attll.n• °h till Iv, 4 ll-. .,,. 1. 1.l', f 1 : •! • . ., •.,. . :1.1 1 • ..n1•••, n1.',• till,i 1.1:'1'tn• { . - of file )•':. �'•�'<Il ll t•` l.lt/' :1 •. t'1 cwt IIti:I', :I tl, •'1'lii• ' .,1.1 :'I. 1 • ` IIf• ;n 1\: ••1 1 - 0111-. i.r`li: •.• li}' r,i1r•1.:;llLrl r.' ):.t•. ill 1'l'a'n'y i:.t lel• It!- till' L'1 t:'!:.:' 11. ;-• 11• , Alnska. 26. Airer:ttl I1;,.'!'.lTit•:lti P•y•(1c•il/!: (:') •ftlt rr f: i1a •:'i•1 )v ••,•'t•Yt'/'!1 14 I) •• 1.'i,. rt!; ,:li\•en a'1••• .. r:isir;lls. ,v 11.„ it ;r .•,• t h• r. -Cit 1.,r t:. i), H011 n H011 n of 1:fPG1;:li :•. 1 ;a! :l1•• .0.1.••11 ^ ti•,•-urf-%':r• of Ili' n^'r•,ic,.., .a tol•rlha:• t•'i:n .. 1.,.,1,1 !n r •+:-t• ii: :iA .•ir•q •:•1 :.u••• 010.1' . :•< ,:i.ti• }., ,t . , in the op••!•.!;;,::t of h o1 .,`t. nm• for it„ , .^.rlr•r u• 1..l 1..l: . •1.!a. '1.,:..a: fp- In the pi.. e• .: 1• .-af,i 1.i, !+:.! for Lu:!!ir _ :d . 1 =1 int! <'''''r: ,^ , n^ r n • . ,. on flip Gln: i 1i'•pert (h) •rlln Lwz.l,r• by eorr•hffiir! thf'• it ••1.!r-.•�: fill• itself. it'. +rp!•r:'t,1!'t i''' • . <:ttr::r•<:1 ta1•,y. :It:r ..•:;•':1.,.t. tl •t It Will I.(': r ' nor pc-ri, dl IN- ortictioli of n. -,v 141 -m. -I , -n or obi} (•t. +14, vm-rlit tit^ t-rot:l or folly lree i nn 1Lr. Lind ornr•.•Vrrt i.1. rrurrt<•, , u ),i -;l r'•nt1'1 t•.- r)+ r,:,•poll obslrut•liu11 t:ithill thrt r!nlidaffl'i rtlr,Lli•ei •<t o:-" r llt^ 1'nrl.-.ty,t A:•iatirr, Admillft4ratilln ll<ngul:llinn,4. lliwt 71, . 'm vnlr•11') 0, 1!, I'll- ex -111 Ill. afp— :: i eovellonl Ili hrrty•hen, file f•itt rpse t •:: fill tvtr'•! (r• Pitt -i- r.: 11:r. 1rnt; eonveyell lira .-tdlder :1.1rt to rel^r,ve the (SM-llrlb.- :'it•11,11u•1 o•• .hjeet, t,1 1.l t1.: 1 elft i11e oficnd!rr, tree. Of of tehfuh r'hir11 Le lit fill, 1.1:.!1011sr 1.,f tl+e l,rt <1 n•• it; heirs,nr tial•ceSs01.'4, for n.,ir.,,t;, `J , (<`) Tltn 1 r•s4nP by ticre),lin« thi> t•ot+••may^.net• Cmpt•es)v 1.r;:•^.r: for itself. its r' pt•crantatfvrv. oUlrVr•x>x•r!:. ns•! :1�r:if<n :. Wit it •:-ill tool I+1.,'c_• use of the slain pruiierly in my 1n ant' r willell }(fent lnlorG;• ' with thr• l+n •r,i•.a' and Inlcitllf off n1 ait,r^ft frn'1: rail( rvivtf ,Airport, or oth^ wi:'e ereathur i•o l Ail -port Ivizard. In the rwrnl .Iin P.G-r(.srtfd eoven•olt it; In•cl1c+f!t), the Citi• rcrerves the rirht to enter on 1!tu land t•olweyv -:) liel•ptntdar vild cause the abatement of 1.ueh intarfa•,•':nee it the a.-mense or till, LreSmnr!. 27. pft?ht in rrijoymrnt and lov.-i ;•hle i'r•raesrirtll: (,'fly 1wrehy egrees and covenantsih•it the. Los�co, upon paying rent r.t1d uerfurmi!)fr other covenants, toren,: and conditions of this 1.'•eke, shall hallo fila Orld to - quietly and peneefully holt(, use, occupy and enjoy the said lea -ort pr-nis;f.m. 28. Lnempe In Pity Trves: Lessee shall pnv n11 lawful tnxrs And assessments which. during- Ill-, lrrm hereof riny Lectine n lien upon for whfeh mny ha levied by flip, Onto. boruttrh, city or tiny othar tn%- lcvyinr( burly, upon any taxable postic•t rn•y rfrht tehich Levr.er may hnve in for to the, prt•mises or facilities hereby leaved, or flip improvements thereon, by reason of OR tt•;r for occupancy. twovfdert hour!+•1.•r, that llothine herein =-------.- .1 Contnincri silt((( nrocrnt l,nu -cc from contestftir the legality, validity, oi- applicntion of tiny such tax or nssestimrnt. Surel;•l Aprvle,,,-: lessee. neertns 1n n•1y i.nnanr n rent:nniltiln tC shame for anv !.pr,;inl golwicr<: ev f-lr.Nifb••i r,-mlirerr by in writhes. willeh xe:,vic'•ri at r'rttiilips two. pot pro -Wen Coll- 11r•l•cin • ............ 1.•t' •"'fl: 11 is 1....l., .11. Illide. MI.-o'I 111•11 Ow i`lty t.Lnll not lot- eotrill•11-1 for I:Od Lt t•e it itnrtror 1.n J it :el t t tanrt r (if 1., •. rt, 11tr r•n11,1::'t 1..1 '.1..,11 v '1.l 11.,. 0, m:•:••ri pro -111:,.. . 1 . 1 i I'.11i'1 Six. LRAili ' t 1 e • 7 , _ Z 5' , i F_ ----/ 'm -_ — —� Pavo., fleven , LEM-* .--ILI. LLL1_ . Will it 1,. 4...I" U.'I'l 'md !,j,r1-r(j 111-11 11;1, I-vi;otin1.1 t,),,jwjV.1i1i f, f:,,. vop I!;. sa. (I 11 -Al 'it 141 liul, .. I.e- wms, 11-:,l IJ killiltordl lind 11.11 41:1 F!"It" Ill$, 0, I.P. If fill- Aw.., :g w •'t if :1 ill,- I"'m .,11(1 if thl. ­Ift s., 0I. I" j." r I-i't ••'.••,t• rf O..Vf. , w- if .. 11"111.1": '. - %, I,. ." 'l ".f. I, ril"'i m,( r 1�0­1 if. -I or lh(! Itiml.1-11; Ivy .%-I !,'/ ti -c l".- , ,, p.r. 1 , I $I ;,. , 11 f :V olinn OvItv I, e,:- ve. t',1 ilii) fl -!V", I),,. ;,." . . , It. of OvIrre-,; "'ll'i tit(. 1, I'l " . vl,t ;,',J,1" : is t r.[ .•,ii. t� ; t .•, Vit. f•. 1 , e. : r„ ... 1 $,t- I,— I.­ FbAl firl! M. .1, !;-41 .1 1 f:!1V w: 11, - 1, ;q fl, 19:f, fit 1, r 1. 'Vj Mas'll Octm-trib" if, lv^ o.. If !I!- V--- 11111- 10 If the Lesm-n frail: to ,ii -41 f -,.% ic.l. up I- i'. 'moO f.t,(, fild unjtf, C.• dkes-119fol-tory to fill W.N*I. Ov.-f-C.'rX. 1w fmil' tri r.j;r. find not unjill:11V tlisarimhrtnry 1.1 irn4 filv I-10! 11r4f 7fry !m­ tiont the r"sy b- to mar. 'I"t-cHirthr., ellwow-W! . rebaf,:F. . or title-?- lift-ill.m. tviv... Isf to wph:ff I. Purf-hamw'.. Vi Prwj!iI I.."r"S 11".. to sipprove 1.11 ClmrffC-.,l . net lit III, ­ffj,)jf.ltj 6'n'r t)"r. Publfe, Ito order to imstiVs. refill(PlIffillf! Jjj1(1VI-n( direrfrillintion or on 111f. Colfir, Croorl or "IdIril f orlVin, tip for tiny rptlwr rAnti-d rf-wwon, W Mondiww1mirention: "'be Leo, -w, flit, birficolf, hig heilln. ifewamAl m -prow! ti -.,e,,,, riurwr--sorr In fnfr-rui-t, -,iA .9-ciew., soft ti wo-1 of the coil Mile.."ll ir)n t1ove, heroby ewr witt :,nd stjrr,,e tip a emenvitf rupinfrig u1th the Ifind, INA In the event fficillfieri fwe conf.frucled, or othervilee opersite(I oil flit- mdel pria),m-ly fIc-sorflic-d In this f(op• if purpofie Involvinq the provirlon of qImilar r-al-Viner, fir britiefito. the ll-ww­ sholl Ismointtfirs find aperate such ffeellitle% and w--feem fit em-1rolhince with all other roflufrempittim Iniptired pur.-itirtnt to Tiflf! 49. 1!ado of Iledern) Regultitiolm" OvIxillbitf-lit FuldItIr Mier- of the Sceretary. Part 21. Nondircrindisidjun in Ve-derally-fmMuled Proftrom of the Department of Transportation -- 11(fi-cluation of"ritlo VI of the Civii 111P.111,; Act of 1961. and sit. raid lIeVul.-itionA in..iy Ito twimided. That in the evolit of brenelt of imy of the above nondiscrimisint Ion covi-twidii. the City F;hnll linw: - ur i -sill ctild land Owl rgrf mid lo veonl the I Plit to forinInate the Le.i fnefliti,itt tfivreon, and luald tit,, --tirto fig if m+l been had nowm ten tro.-Of, ell ... in lilP.1-ce,41. find 8-%I1IrrlI% flit o nnl.l fir the h -we ;X. fis;v.; J, no if( I Pavo., fleven , LEM-* CttlipttttA'1'trr" ACI":[ilVf•1'n(;'h",'1' !t p "TATI' ioil ALASGA 'IIIIPl1.H'!/H'tif !A!:'f "it") i t:rdrwe r•e , life; Iit Oor .S„1•f•fr, is i' •1 .f'y PHIQit• tii t•ftti fns• iLf m .i id A!'t4ii, r,if If! t , rt ty fee e'!:futnIIV ' i+`• 'st'viI tit I, it, ip Ir,• 1I,,• 110.901'f, fWA isf!fr,, ra vtitrrre mons•+, tire, mit.-rilrt!fr Ili Pill fap«'s,aiit,, I r: , 1:9901 W. -lis, rllil7 ••'•'r. slid iasy tli'd fiu•y its I- We! Prul'i4rs+t rmd __�._ _»... •._ _ rt'vlrretiV, ly „f — -_ 0.1,:.9;..0.:• t. ;., . . . u1Nl ia!bifrer.J„lir••�rl tee f„ :fS;.jist: ”, <r•f•fr•i:r;�...t s t: .,r. ,.t ttr•t,t Sp tilriN . •'. r mwt let', ( ,v, 889 .0111 f' .,d n: r "d t • ^pf, '.t tris• til'• fill, 1.1, r!, 0,9•+10•: f;,f.e ill/f, t,tf'I�': I'`'t'i si sj• NArii ,•'ti�tYr.1 r:i 0111it F, tfi• ..•. rif APPROVED AS TO F(Ittil I-V !'.ity Ati .!'tir•y, ttsi:� tif.s• Of .1St I r ra'f tAt. 11:AFT APPtirll $'If Ify t'ft+ 0u41VO!.. (if 1R iri rY r1i Poli _...._ ARSltihRIFNT APPROVAIt by ttf+mii ilirynnlnN rntnrlit:f101i, this ._..._A(iy rif ­,._._ ..-1 IA-_„_ ASSIGMIENT AirMOVFsiI by City t'.niiIKA1, thin Qtfy Of z f _ G1't'Y f'1,lrllK F _iJ 1 f ! yt _ r 1.111,119, WASP I f! . ti F _ h � F . I III I I I II III 6, ! illl II 1 �j it. if 11 lh- haul ttr,t f i1 Im Irl,r •n nn th- r•'r,nt.,i .'r vnr,•, 4-11)1-, 1-.r p .f If -I Is nl'1}•I11'•I•t.tl 1.4 a••Pitpind 1-1-41'' Iwi-11.'1!-.ti'ttt in. d••f,i, f 11•r• fn9u•fil, 1-•r. H.• lif• otlwvvil:.+t • is! ,j• efr,l in it I, •r;, ill.,li'•h 11, flit. it ,• 0 ' .nl f;,(•{IIti•••.; 0) ih! Er iff tha r•ntv.triletif'n n1- 1-,,v It,? of uv,•1114af•, un, nt r••, rrf' U,l, t imi'll I'd lift 'v1.1 the furifii bini{ or t vvir; i. if., v. m. nu 1+:.,•, "it 1111 1►v ,.• •+6•uR,: (f r I--, r•.,',••• or 11•11ifinal /oOvitl 1-11:611 be r•';r•fkW,vl fl,++,:, if :11wip• ti,.tr :t, ilmlieft lh,• I•, tr,'i (if, t,1- u+harv-i• v i-• , nhjrr•tell in ril••r•ri:, 111: i•et: 11) li •: ;hr• , 11'•1! ni.c We Sove-,{ .v•, it 1-,n n!`."a,:• t'. it's ,If #Wu. ....i W- rt 'n+„y.,vt it-,- oil, t-1lit• p•f1•fiQP1it iv'I'i!1. 44, J:f flr, 4.1 Ynrirr:d 1:m......l°, w to, i, +' ;a•' ril r, Trill Isfool't Als'n , '<ol,titIv 1116'1-:1) 1-,f II,4 5'1-.•1-, t'. t' . "1 . 4:nrr+i„•l,'1- y in Nr'(le! rtlly'a . ;t. t, -R t•1•111-Irf,ff.'. pr tit,, I►rlrs"i+,. 1.t l,,1 9•;• .t•,,1.n rlti,lq 11kelu:it'frrn it( 'I'i+±r: 1 „f the Civil 1•10it•. AA al, !: � i• t rt ,:, r:.fA't ^�+,:: may ife t11.1nnrled. Tlwt its ti.t' uvel,t (•r l.ru, MI Ise "lly (, till, :,t.• , I,r,t,r1{' l,• i . t I' rnv•:nnu1 f1w Vit': •11-611 %t:y'r• ti r• ),110h' It, t1-, •11,: 1 J,IltSept, %.( Sz f.•i If,d altr'•f • i,•11itis tt.,• t; t.1- • ir„r„, 'f f,airl Le"I"o; hint 1+• : r'' It, o -n rt•fil'• n• i:,aged. :SH. 1'.•rlird t1:'rt•lidit•• Ir'st1'• I::+•t,t. 1'1.1-,'...1.11-, S•t;t„iro;r,. , . i19t•t of Ill is Ix—s., i', el,•r'ir roti i -v , Court Is, rnlrp. ;r•+ + itI"!-•rIIvfi tt If . iv. Involirl or /1164811 it6htiinflr.l, the rviii ilinf, fi-ry nnv.-i :inn", Cr,ltr:il:nt•• 1-•t• • parlft tshritl aontiflue in full farce, s6nd rtffr•,fA 1-14. ttufsl:rll r+:ith 11-.l,'1-rnt`n1) %,;W not Itlefle. 'sft, 11111'( h• _1 `11%difir'.lbnr: it II' mufilfeltutrlr•,':+f,r'n1 6111)1 •,Lr,•; r that 1 n: 1111) rii(rei'ra11, sirs wrfllrn, oovn;'u all tht, nerves^ It': mrft Yt 411t/tr•f :0 1; betwern till, p11rti,iz, stat tit) 1-r 1.l,, trtilnli(rr., ar,'I sw, v rIfIr-r,, br-ve br•r•1, I011c1a ptodifying. adding, tri, Co... rhntlefh+n, fill. 14-111!: hr•,•• is(, 40, Wi•••t•rnly: "'itn f'ity d(sr'ss not v'rn•rrnt Ihnt the w-mir... ty which Jr, ti+a ttttltjrrf of 1116( Lrnsr In rnitorl for tit,, Irv, milh.tri•; 6 fv ••vfn, find un i►uornnfy if, itivon nI, implied 01111, it skill Lir tw"ri1r•1110 (r 1.11110.1r• la emplfry the prapeoly In fittell Imn. 41. Additionfil f;rsevn(ntu: Lr•wmw 8Ki•-Pf. to (bell gr)rMI(Ofsid t and ecivent+nto us, r• s:r•t Fortis in Setipc +.tle It, ntt'fellort . iN V11T ISS lt'1111MI.1Ir. ilia pnrtief: hernia hive herounto Yet it their hands, the day and yarlr Ittnte?d In the individual not:nrnitcdinnc lit,; bf, 11 CITY Oil III0NA1 1` By 11 Ifag,: Nine,. iYAflll %'l*NlF OF M.ASKA (III tLi-t day 41 lWe"we I;w I.,- ­fs- I!V 1.1mwil lo I.(- fit(- lvwsr 'P.; 41s."I'lite(I thf. - Love Lt Ind Io 11.., to f4iril foor flit- pul-loww'. It vv, I!. A -5 -t -Y 11-' '17 I_f A, I A- J ! _�C,�!- ��J if STA11'. OF ALASVA 11111110 JUDICIAL 1)11;TPI('I* 9P thin fty of 11 -Fill -n Inn of!, Jfp� 's ­­( . 1p 01111110cured A' '7 —, _71-_____, ;v-. , kiefitt-il to bt- flit- jwrf;-,- ext"Cutotl Ilip- Molve i.rg11 tilld 1-clolowl"(1t,rd that 111: (4110) first, tb to Pign flit-- witne, for th(- ptirporer, IAAc d tho "thi. ACl{Ko%vj,rnrvjv%,,l* I:otl 1111STIAwn ANI) lell'17 RTATP W ALASKA ) fig. T11111111 JUDICIAL DIST111411' "efure mn, the undcrulfrnnd, a Notary Public III mid for 111ito Stifle of Manlius on this day iiermniffly appettred Olid . lumband and wire, both I.nrjt,.,n to br- list- personn w1wse namen nate subserlbeo to flic foret-oilir Leaves find acknowlt-fl(red to me that they execuGld the same no fficir !Pop and voluntary net and died. -cinsideratition theroid -ed. and for the purposes and c n exlwonc (IIVVN UNDER MY IfAmn 4141) SEAT, OF OVFJCP, )bin day of ---------- %7nTAIIY 11MILlf" 1,7111 Al Aq1fA Mv rnmirphision PrPir-P.: J 11 Trn. LVA!,W - - - _WW_ -r11 6awa=77 _7 COMIOUATIOM A(*l.'v(1M1*IK;'I1'NT Oil ALASKA ) .0 Inv, fil.- und­) al 11104ic h1wfor the, St .1 iijaflm, on thi--. Oay per-r!t,iwily !-pjw-wPd _ " _­ —, -, , ­ _. )"n-mvil Ill pM••t.0 Ill: I ;.I*,' 1,we SIMA01, itIN. _I.- the, feirv'glii!j• t-110 11141.S... (III]v I tray that tht-%, itre (iw. Prv.,Wf-ilt "Ild q-onL-tIve1v, (-r 0. th •_V A in 1116v --;Ot: •"Ild M., f,-(:- w -I -.111 f". ^(j the - M.A(O 61"P" UN1111' •'V IIAVI) AN'll -z1:A1- 01"WT11T, 1: i, Illy APPROVEM AS TO FORA by City Aitvriw-v, this tier INITIAL IXASF 41l1'tinvi: it by City Onincil , this FFN7 � Mi , I i i.F- ASSIONWIPNT Applim-m toy Unnal Planning Cwtomirdon, 'his dny of , Iq__. ASSIGNAIFNT APPROM by City Counall, this dity ,if 1 19 Pleven. LEASE CITY CLFRI( (f) The amount of $3,460.46 which represents the tentative assessment which shall be levied against the pro- perty upon the formation of an assessment district. The -- amount charged herein shall be allowed as a credit against any future assessments levied for improvements which presently benefit the property. i f C'r 1 - i� r l4 . I} I F i SCIIUDULE B . This lease may be renewed for an additional term of ten (10) years, at the option of the Lessee. The option must be exercised at least sixty (60) days prior to the expiration date of this lease. t Lcase App) ication CITY 0 In'. 1< E, II IA' I pg I of 2 �P- O. COX vtO - EMA1. tIAST(A - 1-1110NE 7.113-7M Naree of Applicant Address Business Naw.- and hddre5s N-1 Kenai Peninsula Borough Sale: Tax No. P'. State Business License No. Phone 2A.�-7774.7 (check one) Lease Perini t Lot Description B.10A 2j, Lot 9 A19.15o 3,ib d iv i z 1. on, 'S _fT4 Desired ioncjtb of Lease or Pc-rmit Property to be Used for 'G0i:!-0P.1r'-'t1!"- I SoU Service Vends .111 -Bio-De3radt.ble iin, 0.' a., ')Ad Description of developments (type, construction, size, etc.) 310(.-1.0 Z10 j,b::,11� 20 Attach development plan to scale 1 inch 50 feet, showing all build- ings planned. Time Schedule 3 to 6 ROAt-11.3 Estimate value of construction: Date ?9f 19-0, Signed. $ 1290001uo F it _Page 2 of 4 _ Lease No. Lease Application r� CITY OF Kh'N A I page 2 of 2. P. o. BOX 560 • KENAI, AL15t:A . MINE 203-7535 For your information Annual rental rate or cont ' - Zoned for Permits required , Assessments uf/trt.� - 1 � ' _,�1.3 SC7.lF �, 1, F!'� . Z 3 1���'�, ��-b :l� ��.,.,•, Insurance required 111124 1 _,*, , Y7 ' Construction must be started by OJO cP p 1 , a Completion date for major constructions ` Routing Planning Commission Time City Council Time Reviewed by: - Comments: ' M r ' 1 This application will be a part of the lease , _ Approvals: �- planning mmisaion: /,--ll• 7s by CLty Council by R ec^YFt acknow1cdr -:d by app? icart 1. t ' I Paan 3 of 4 BUILDRIG INFOW-1ATION Name: Lease No. Bui.Ldin; A.L.L "Do 1jujUd o:i a 2ac! t*.,.'O fall 310 co*.i�:xct�,, blou*,I., .%J.1- Bo-,; I t �7w ROOF Typical floor plan. -X-vulumf 16! Iw Construction materials: ;I I Scale: lot is 11 �7w n m ■ � - 1 - - — ---.-� �=...._—�. , , __ti_�e,,,,, i i iii . Page 4 of 4 lease No. LAYOUT TLAN i Lot 9 Block 2 Subdivision 2ida.l;;o Name d. .. Y n m •� A 611 NDA REGULAR MEETING, KENAI CITY COUNCIL JUNE 4, 1975 - 8:00 P.M. NATIONAL GUARD ARMORY PLEDGE OF ALLEGIANCE A. I ROLL CALL: AGENDA APPROVAL B. PUBLIC HEARINGS: ' 1. Ordinance 264-75 - Annual Budget for Fiscal Year 1975-76 2. Ordinance 26S-75 - Amending definition of "Taxicab" 6 establishing size and body style restrictions for taxicabs. 3. Ordinance 266-7S - Eater/Sewer Rate Increase 4. Ordinance 167-7S - Sales Tax Increase S. 6. C. PERSONS PRESENT SCHEDULED TO BE HEARD: 1. 2. 3. D. MINUTES: - 1. Minutes of the Regular Meeting of May 21, 1975 E. CORRESPONDENCE: 1. 2. ' F. OLD BUSINESS: 1. Resolution 7S-24 - Fixing Taxicab Rates for the City of Kenai 2. Council approval - FAA Housing inventory S. 4. G. NEW BUSINESS: 1. Bills to be paid - bills to be ratified. 2. Payment to Engr. Consulting Firm Airport Lighting Project 3. Payment to Engr. Consulting Firm - Airport Fencing Project 4. Payment to Engr. Consulting Firm - Airport Fencing Project 6. 7. t 9. i 10. H. REPORTS: ". 1. City Manager's Report 2. City Attorney's Report - 3. Mayor's Report 4. City Clark's Report ` S. Finance Director's Report - -- _ 6. Planning 6 Zoning Commission's Report 7. Kenai Peninsula Borough Assembly Report I: PERSONS PRESENT NOT SCHEDULED TO BE HEARD: 1. 2. 3. 4. F� _ ! . -- - __—.r MINUTES - REGULAR MELTING KENAI CITY COUNCIL JUNE 4, 1975 - 8:00 A.M. n NATIONAL GUARD ARMORY The Council gave the Pledge of Allegiance ROLL CALL: Members Present: Richard Morgan, H. J. Steiner, 0. L. Thomas, Edward Ambarian, James Doyle, A. L. Hudson, and James Elson. Members Absent: None AGENDA APPROVAL: B. B-1: MOTION: There were no additions or deletions to the Agenda. PUBLIC HEARINGS Ordinance 264-75 - Annual Budget for Fiscal Year 1975-76. Councilman Ambarian moved, seconded by Councilman Hudson, to amend Ordinance 264-75 as follows: "A. Change the mill rate in Section 1 from 18.9 to 18.0. B. Delete Section 2 and replace it with the following: Section 2. The sum of $1,783,510 is hereby appropriated for corporate purposes and objects of. the City of Kenai for the fiscal year commencing on the 1st day of July, 1975, and ending on the 30th day of June, 1976, to defray all expenses and liabilities of the City during the fiscal year. Motion passed unanimously by roll call vote. Mayor Elson explained to the general public the situation of the budget as proposed and advised that over $700,000 requested by various City Departments was cut from the budget. Mayor Elson then recessed the meeting and opened it to the public for their imput and comments. Mrs. Linda Dunckley - Requested that the City Council just increase the mill rate by 1 to fund the debt service only. Mrs. Dunckley further stressed that the budget as proposed had an ineffective animal control program, too high a millage rate that would make it difficult to sell homes in the City and also people living outside the City limits should aid in the costs of running the City. Mrs. Dunckley also questioned the accrued Annual Leave as shown in the budget. I MINUTES, KENAI CITY COUNCIL, JUNE 4, 1975 PAGE 2 Finance Director, John O'Connor explained that it was a requirement by the American Institute of Certified Public Accountants that municipalities must show actual accrued annual leave for all employees for each budget year. Mrs. Dunckley also questioned the increase in sales tax and felt this would force buyers to purchase outside the City. Mayor Elson explained that the increase represented to to debt service, to to past deficits and to to operations. Mrs. Waldo Coyle - Why are there past deficiencies? Mayor Elson referred to the Summary Page of the budget -- they occurred because hard cash did not develop from inter - fund transfers. I Mr. O'Connor further reiterated that payments made to the General Fund from services rendered from other funds (Airport, etc.) which did not develop into hard cash as explained by the Mayor. Also, the Water/Sewer fund had a $150,000 cash deficit as of April 30th. The City has eliminated IOU transfers from one fund to another. The Water/Sewer rates are far inadequate to support the fund. Mrs. Karen Hornaday - Mrs. Hornaday posed many questions to the Council on such items as what is the total debt service for 74-75? The total anticipated for the balance figure for deficit as of June 30, 1975? According to the Annual Audit Report of 73-74, what is the City's financial situation? When was the Council aware of the City's financial situation according to the 73-74 Audit? Would the Council make any changes in the budget to keep from overspending? Has the Council determined a specific deficit amount? Has any deficit figure been added to the proposed budget? How many mills have been placed in the contingency fund? 430 , 34 6 . Mrs. Hornaday yas advised that the total debt service for 1974-75 was , The deficit as of June 30, 1975, is $150,000 and according to the audit report there was a $50-$60 thousand dollar deficit. The Council was aware of the City's financial situation when the audit report came out - October 10, 1974. 1 mill - contingency fund. Mrs. Hornaday suggested that Council determine an exact deficit figure, she disagrees with any contingency figure, and with the increase in mill rate, there should be no sales tax increase. Mayor Elson advised the audience that the proposed budget did not show any increases, merit or otherwise, for City employees. Mr. Johnston Jeffries - will the sales tax increase be submitted to the vote of the people? Mayor Elson explained that Kenai is a Home -rule City, I MINUTES, KENAI CITY COUNCIL, .TUNE 4, 1975 PAGE 3 therefore, by action of Council such amendments, deletions, etc. can be authorized. Mr. David Thornton - felt the City has many reasons why it is in the financial shape its in now as he is just one of the citizens 4hat owes the City for assessments on something he did not want. Mr. Thornton stated he was not asked nor did he ask for water and sewer in front of his home. lie is definitely in opposition of an increase in taxes. Myrna Davidson - what has happened to the remaining funds from bond sales? Councilman Steiner advised the funds were used to finance Gen. Fund activities because of short -falls in cash revenues. Mr. Harry Gaines (representing Kenai Chamber of Commerce Retail Merchants Association) - stressed opposition in an increase in the sales tax. The merchants felt that shoppers would purchase out of Kenai, new businesses would hesitate to develop within the City and it was the feeling of the merchants that Kenai busine*ses were being used to accomplish a goal. Mrs. Ruth Parsons - Why does the library have such a small budget when it serves a much larger area than just Kenai proper itself? Mayor Elson explained that the library has very little funding from outside. A good portion of the library's funding is in-kind match. Mr. George Navarre - the City had a $1.4 million dollar deficit at the beginning of the year which has been reduced. A 3 percent sales tax plus a mill rate increase is too much inflation. Employees should have merit increases but funding should not be in the contingency fund. City Administration should find out the reason that Federal funding has been cut back. City Manager Lynn advised that as the $1.4 million deficit had been reduced to $150,000, the City was counting on revenues from various funds which did not materialize. In other words, funds such as the airport, water/sewer, and so forth did not generate enough revenues to pay for the cost of providing them. The General Fund was relying on these funds and the Operational Fund overspent which created an approximate $SS0,000 cash deficiency. Councilman Thomas stated that the $1.4 million dollar deficit reduction was a paperwork reduction. Mr. Roger Meeks - requested more detailed information as to how the Council had arrived at the decision to increase the sales tax and mill rate and added that a 40o increase in property tax would not be as effective as a sales tax. N MINUTES, KENAI CITY COUNCIL, JUNG 4, 1975 PAGE: 4 Ida Mae Bassett - Mrs. Bassett stated that a sales Lax increase would hurt the community. Mr. Jesse Wade - as a concerned citizen, Mr. Wade felt the City is giving an over -degree of service which is not wanted for the price it will cost the taxpayers. Mr. Wade _ felt the citizens would rather go back to methods of the past as many do not want such services as water/sewer, etc. Mr. Lynn advised that the proposed budget was increased only by 100 over last year's and this budget will only provide payment of debt service and the Public Works and Police departments are the only ones that will benefit from the increase. The Fire Department staff has been reduced and the City Administrative staff reduced. Councilman Steiner asked Administration how many employees in the City last year and how many this year? Mr. Lynn replied that there were 50 positions last year and 49 authorized for this year. Mr. James Hamilton - inquired as to the reason the City Public Works budget was the same as the Boroughs and asked for a break -down of wages. He also stressed that he felt he was receiving poor services (street plowing, animal control, etc.) and that the community deserved more service for such a high budget. Mr. Alex Connors - Mr. Connors lives in Thompson Park and receives only limited services from the City, therefore, _ why couldn't th6-people living in the.ouffying areas be taxed less -- according to the services they receive. Mr. Art Evans - his main concern was that with the in- creased taxes, construction would be forced outside the City. Mr. Evans had some suggestions for cutting down -- were to use the Public Safety Building offices for City Administration, cut down on communication costs for the City, fully utilize the Dispatchers as clerks, etc. and rent out the office spaces in the Terminal Building. Mr. Lynn did advise that the communication budget would be cut considerably ($300/month) when the PBX was taken out -- this should occur sometime in July. The Communication - Center in the Public Safety Building will be moved to the Police area wherein the Police secretary will be utilized ---.--- as a dispatcher also. The City is in the process of negotiating for a State Jail Contract to use the present facilities in the Police station. Mrs. Waldo Coyle - stressed the fact that an increase in • taxes would decrease the building and construction in the f City. The Council should revamp the budget so that an increase in taxes is not necessary and start running the City on an even keel as was done in the past administration of the City. MINUTES, KENAI CITY COUNCIL, JUNE a, 1975 PAGE S Mr. George Navarre - Asked Administration the source of expected revenues? Mr. O'Connor advised that one of the main sources will be foreclosures on assessments. : Mr. Nels Kjelstad - questioned the water/sewer fund and the $115,000 transfer from the fund -- on what basis was it computed? Also, the City repeatedly increases water/sewer rates and there is no basis for a 33% increase as nothing has been done --no new well, etc. What will the people got for what they pay in? Mr. Kjelstad suggested that new assessment districts put in the money for the water/sewer fund instead of the same people year after year getting stuck with supporting the fund. Mrs. Phyllis Morin - had the Council discussed a time limit on the increase in taxes -- will they be reduced at the time the deficit has been reduced? Councilman Thomas advised Mrs. Morin that yes the Council had discussed such a situation and if everything went well there might be a tax reduction. Mr. O'Connor also stressed that this time limit would depend on how'fast the Council wished to act ' to reduce the deficit. Councilman Morgan reminded the public that the present Council could not commit a future Council for a reduction of taxes and the matter would have to be taken up at the time a reduction could be conceivable. Mrs. Karen Hornaday - asked that the Council give an estimate on the deficit? Mr. O'Connor advised that a representative of Peat, Marwick, Mitchell $ Co. had spent time with City Administration and had arrived at an approximate figure of $180,000. Thomas Wagoner - felt there were several areas that the budget could be cut and though he had not had the opportunity i to study the proposed budget, perhaps the following areas could be cut. (1) Public Works budget - $72,000 Front End i Loader. (2) City Attorney - contract this service out. 1 (3) Cut number of employees. At the request of Council, Mayor Elson declared a recess for ten minutes at 11:00 p.m. At 11:10 p.m., Mayor Elson declared the meeting open and returned to the Council table. Councilman Doyle stated he would support a decrease in taxes when deficit is paid back. ' Councilman Morgan advised that he had called various cities ! within the State of Alaska and compared mill rate and sales taxes. If Kenai were to adopt the increase in sales tax, it would have the highest tax in the State. With the new mill rate, Kenai will be second only to the City of Seward for the entire State. Councilman Morgan felt that there ! were several areas in which the budget could be trimmed -- communications is very high, Public Works Department could MINUTES, KENAI CITY COUNCIL, JUNE 4, 1975 MOTION: i ,i MOTION: �l MOTION: , MOTION: MOTION: _- :----- --_-------�-]Mile Alwllll I PAGE 6 have some deletions or cuts. Councilman Morgan had talked with the Borough and they indicated that an Ordinance would be presented on July 15th for decrease in sales tax (effective October, 1975). Councilman Steiner concurred with Councilman Morgan that there was a very strong indication that the sales tax in the Borough would be reduced -- there is also strong support removing it altogether. Councilman Thomas asked if Councilman Steiner advocated approval of the proposed sales tax contingent upon the Borough's decision? There was an expression from Council members that this could indeed be taken into consideration. Councilman Morgan moved, seconded by Councilman Steiner, to delete the front-end loader from the Public Works Department's budget. At this time, Councilman Hudson -expressed -his opposition to scattered cuts throughout the budget. The motion failed by roll call vote. Voting no; Ambarian, Doyle, Hudson, and Elson. Voting yes, Morgan, Steiner, Thomas. Councilman Morgan moved, seconded by Councilman Steiner, to delete the position of Trainee as requested by the Public Works Department in the proposed budget. Motion failed by roll call vote. Voting no; Thomas, Ambarian Doyle, Hudson, Elson. Voting yes; Morgan and Steiner. Councilman Morgan moved, seconded by Councilman Steiner, to delete $10,000 from the City Attorney's proposed budget. Motion failed by roll call vote. Voting no; Ambarian, Doyle, Hudson and Elson. Voting yes; Morgan, Steiner, and Thomas. Councilman Morgan moved, seconded by Councilman Steiner, to delete $10,000 from the Communications budget. Motion passed by roll call vote. Voting yes; Morgan, Steiner, Thomas, Ambarian, Hudson, and Elson. Voting no; Doyle. Councilman Morgan moved, seconded by Councilman Steiner, to delete $20,000 from the Contingency Fund. Motion passed unanimously by roll call vote. Councilman Morgan moved, seconded by Councilman Steiner, that the Sales Tax revenues be reflected at $230,000 per It per year instead of $180.000. ' MINUTES, KENAI CITY COUNCIL, JUNE 4, 1975 MOTION: MOTION: MOTION: B-4: MOTION: �i MOTION: a PAGE 7 Motion passed by roll call vote. Voting yes; Morgan, Steiner, Doyle and Elson. Voting no; Thomas, Ambarian, and Hudson. Councilman Morgan moved, seconded by Councilman Hudson, to amend the Sales Tax effective date - 1% to bond retirement effective July 1, 1975, to to be applied to debt service i fund effective July 1, 1975 and to to retire past deficits which would become effective October 1, 1975. i Motion passed by roll call vote. Voting yes, Morgan, Steiner, Thomas, Doyle, Hudson and Elson. Voting no; Ambarian Councilman Steiner moved, seconded by Councilman Doyle, as follows: 1% effective July 1, 1975, with the total of 3% being effective October 1, 1975. Motion passed by roll call vote. Voting yes; Morgan, Steiner, Thomas, Doyle, Hudson and Elson. Voting no; Ambarian. Mayor Elson suggested the Council table Ordinance 264-75 until other matters which will affect the budget are decided. Councilman Steiner moved, seconded by Councilman Ambarian, to table Ordinance 264-75. ,j The motion passed unanimously by roll call vote. Ordinance 267-75 - Sales Tax Increase Councilman Steiner moved, seconded by Councilman Doyle. to amend Ordinance 267-75 to read as follows: f' Under Section 7-27 (b) should read... "one-fourth of '{ all..." Under Section 7-27 (c) should read... "three-fourths of al .. . Motion passed unanimously by roll call vote. Mayor Elson recessed the meeting and opened it to the public. Mr. Art Evans requested that Council clarify the change in the figure from $180,000 to $230,000. Councilman Morgan had discussed the matter with the Borough and felt this was a more realistic figure. Mr. George Navarre stated that he felt the figure of $180,000 was the realistic figure to look at. He is opposed to an increase in sales tax and would then favor an increase in mill rate but not both. Councilman Morgan moved, seconded by Councilman Hudson, 4 MINUTES, KENAI CITY COUNCIL, JUNE 4, 1975 PAGE S to amend the amendment to Ordinance 267-75 as follows: Section 7-25 (addition of (b) - Effective October 1, 1975, there is hereby levied a consumers' sales tax of an additional two percent on all retail sales, on all rents, 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. Under 7-27 "DEDICATION" should read as follows: (a) The revenues from the tax collected under Section 7- 25 (a) are dedicated to retire the general obligation bonds authorized at that certain special election held in the City of Kenai on the 2Sth 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 obli- gations of the bonded debt or obligation assumed pur- suant to the authorization of the special election. (b) One-half of all revenues of the consumers' sales tax levied by Section 7-25 (b) is dedicated to be applied to the debt service fund, to enable the City to meet its cash restriction requirements as provided for in various bond ordinances. (c) One-half of all revenues of the consumers' sales s tax levied by Section 7-25 (b) is dedicated to be applied against current operating expenses." Motion passed by roll call vote. Voting yes; Morgan, Thomas, Hudson, and Elson. Voting no; Steiner, Ambarian and Doyle. u MOTION: Councilman Morgan moved, seconded by Councilman Hudson, for adoption of Ordinance 267-75 as amended. Motion passed unanimously by roll call vote. i B-3: Ordinance 266-75 - Water/Sewer Rate Increase MOTION: Councilman Morgan moved, seconded by Councilman Hudson, to amend Ordinance No. 266-75 by the addition of the following: SCHEDULE H -WATER AND SEWER CONNECTION FEES (a) A top fee of $400 shall be charged for connection to the municipal water system by a 3/4 inch or smaller water line. (b) A tap fee of $400 shall be charged for connection to the municipal sewerage system by a four inch or smaller sewer main. �� (c) A charge for any connection larger than a 3/4 f MINUTES, KENAI CITY COUNCIL, JUNE 4, 1975 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: PAGE 9 inch water line or a 4 inch sewer main shall be established by special contract. Motion passed unanimously by roll call vote. Mayor Elson recessed the meeting and opened it to the public. Mr. Nels Kjelstad stated he did not agree with an increase in rates and still had not received a satisfactory explanation of the figure of $115,000. Mayor Elson called the meeting back to the Council table. Councilman Steiner moved, seconded by Councilman Ambarian, to amend the amendment of Ordinance 266-75 by adding the following to Schedule H - Water and Sewer Connection Dees. (d) The funds collected under this Schedule shall be reserved for water and sewer capital improvements. Motion passed by roll call vote. Voting yes; Morgan, Steiner, Thomas, Ambarian, Hudson and Elson. Voting no; Doyle. Councilman Morgan stated he felt that the City could not justify a 33% increase in water and sewer rates. Councilman Morgan moved to table Ordinance 266-75 until the next meeting. The motion dies for lack of a second. Councilman Ambarian moved, seconded by Councilman Hudson, for the adoption of Ordinance 266-75 as amended. Motion passed by roll call vote. Voting yes; Steiner, Ambarian, Doyle, Hudson, Elson. Voting no; Morgan and Thomas. Councilman Steiner moved, seconded by Councilman Hudson, to bring Ordinance 264-75 back to the Council table. The Motion passed unanimously by roll call vote. Councilman Doyle moved, seconded by Councilman Ambarian, to amend Ordinance 264-75 by changing the mill rate to 16.75 in place of 18. The motion passed with roll call vote. Voting yes; Morgan, Steiner, Ambarian, Doyle, Hudson, Elson. Voting no; Thomas. Councilman Doyle moved, seconded by Councilman Hudson, for adoption of Ordinance 264-75 as amended. W w d L' �t i t t f MINUTES, KENAI CITY COUNCIL, JUNE 4, 1975 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: PAGE 9 inch water line or a 4 inch sewer main shall be established by special contract. Motion passed unanimously by roll call vote. Mayor Elson recessed the meeting and opened it to the public. Mr. Nels Kjelstad stated he did not agree with an increase in rates and still had not received a satisfactory explanation of the figure of $115,000. Mayor Elson called the meeting back to the Council table. Councilman Steiner moved, seconded by Councilman Ambarian, to amend the amendment of Ordinance 266-75 by adding the following to Schedule H - Water and Sewer Connection Dees. (d) The funds collected under this Schedule shall be reserved for water and sewer capital improvements. Motion passed by roll call vote. Voting yes; Morgan, Steiner, Thomas, Ambarian, Hudson and Elson. Voting no; Doyle. Councilman Morgan stated he felt that the City could not justify a 33% increase in water and sewer rates. Councilman Morgan moved to table Ordinance 266-75 until the next meeting. The motion dies for lack of a second. Councilman Ambarian moved, seconded by Councilman Hudson, for the adoption of Ordinance 266-75 as amended. Motion passed by roll call vote. Voting yes; Steiner, Ambarian, Doyle, Hudson, Elson. Voting no; Morgan and Thomas. Councilman Steiner moved, seconded by Councilman Hudson, to bring Ordinance 264-75 back to the Council table. The Motion passed unanimously by roll call vote. Councilman Doyle moved, seconded by Councilman Ambarian, to amend Ordinance 264-75 by changing the mill rate to 16.75 in place of 18. The motion passed with roll call vote. Voting yes; Morgan, Steiner, Ambarian, Doyle, Hudson, Elson. Voting no; Thomas. Councilman Doyle moved, seconded by Councilman Hudson, for adoption of Ordinance 264-75 as amended. W w d L' �t i t MINUTES, KENAI CITY COUNCIL.,, JUNE A, 1975 PAGE. 10 The motion passed by roll call vote. Voting Yes; Morgan, Steiner, Ambarian, Doyle, Hudson and Elson. Voting no; Thomas. B-2: Ordinance 265-75 - Amendindefinition of "Taxicab" and establishing size and Body style restrictions for taxicabs. MOTION: Councilman Morgan moved, seconded by Councilman Doyle, to table Ordinance 26S-75 until next meeting. Motion passed unanimously by roll call vote. i G: NEW BUSINESS: G-1: Bills to be paid - bills to be ratified l y MOTION: Councilman Morgan moved, seconded by Councilman Hudson, s for authorization of payment of bills as presented. The motion passed unanimously by roll call vote with Councilman Thomas abstaining on the KUSCO bill. J There being no further business, Mayor Elson declared the meeting adjourned at 2:05 a.m., June 5, 1975. i } Sue' C Peter,'Acting City Clerk 14 w t 7 'r f .- 14 CI'T'Y OI: KENAI The following are surplus and unclaimed vehicles stored at the City Shop: IMPOUNDED VEHICLES Red 2 -Door BB -463 Buick Brown 2 -Door LICENSE MAKE COLOR BODY STYLE NO Chevrolet Brown 4 -Door B-8564 Chevrolet Black 4 -Door 52605 VW Green 2 -Door 77113 Ford Red 4 -Door 66696 Chevrolet Blue Carryall 50185 { Chevrolet White 4 -Door 35916 Chevrolet Blue 2 -Door 45638 Ford Green 4 -Door 69864 , Comet White/Green 4 -Door ? Ford Blue 2 -Door 31751 Chevrolet Black 2 -Door 80042 Pontiac Blue 2 -Door 4454 Mercury Gray 2 -Door 49800 Chevrolet White Pick -Up LT -4338 GMC Maroon Pick -Up LT -64344 Chevrolet White Van LT -66754 Dodge White 2 -Door 77713 Pontiac Green 4 -Door 34638 Rambler Gray 4 -Door 89733 Mustang Red 2 -Door BB -463 Buick Brown 2 -Door 9965 Pinto Black 2 Door 90224 Chevrolet Green 4 -Door 13986 '. Pontiac Green 2 -Door 77780 �- Chevrolet Red/White Pick -Up LT -8596 _... Plymouth Blue 4 -Door X-897 Buick Green 2 -Door M-1114 Oldsmobile Brown/Black 2 -Door B-7279 a Comet Black/White 2 -Door C-241 fi VW Red 2 -Door D-3238 Chevrolet Brown Pick -Up 852655 (Ca' - Mercury Brown/White 2 -Door 80373 CITY OWNED VEHICLES Dodge Green Pick -Up `- - Ford Yellow Pick -Up = D-7 Yellow Dozer Plymouth Black/White 4 -Door X2131 Plymouth Black/White 4 -Door X2014 J As of June 18, 1975 t i = 4 J t `I 1 A Le.S /J Qu ,-Qs.id�� v� ��t�s•C wl�d 4CY Jv,�� ��. Giu15 /'Xy'9 A f ve well c) v.s hlhla J•s 70d Z Je do a, M M /Vu A14911 CV P -e lvi -ed Q �'jGthL'ie/ �nk3� WQ7`�yMihe kP4 P-r/'t 1/-g/.i f,, e t Ile, /A- e�t'% 5o4iv e Q 7'71, ee/� /�l Pry. r��.s f' .1�e fUhdl•Tiv��• ;�1��'E v� o � v Ile w //1 hlQ/ S �/�Tv/�i 2rf c•,i �l C)o 40 0y J q5 40 le 4 -5-el- /7 4 y - ti �'7 a 7'- -t , G t9 hcc r� i4li/r t a,14Q/n i -I Pon7�r w� f Ll tl die SPS r� �7 tse-► car �� %s.r �C !1 �r.� ie �r'1 �i:` i):� e /' -t ot , -rf ug" G S/i e -e rn v s �'- o , Ll J IIn 1s tr-qycrl C k1574 d A 42 i3f t� c,- - �, , :, �l ,�,�/©tel , ..f lVl.5X-f_q4rd 07e I�OSC A 7' (- G/ .Q VI/o 4 14. 5 A 4 LIE /P va kf, o(. el.3 �ro U 5 d t w� C .a -a v -C. Tyr' v C dt ve 1a�l�y -C 17Q t7` 1 Ct b6A J DY �`UVc ��, Q Q Ke,i J,"a�4 vt5e Q) u u ro H i -e -s ee, 71t, 00 u r 01 Y I I I l~I II's KENAI CITY DEVELOPtMNT, INC. P.O. SOX 3293 K MAI, ALASKA 99611 LEGAL NOTICE TO: All shareholders of KENAI CITY DEVELOPIONT, INC. NOTICE IS HEREBY GIVEN that an Annual Meeting (the tenth) will be held at the KENAI COIOWNITY LIBRARY, Kenai, Alaska, on the �- 7 day of June, 1975, at the hour of 8:00 P.M. for the purpose of: 1. Election of Directors 2. Reports of activities and progress of projects 3. For such other business as may properly come before the Assembly. MAI CITY DEVELOPMENT, INC. Francia U. Meebe, Secretary IWAI CITY DEVELOPMENT, INC. SH<MMOLDER'S PROXY Y, 'Owner of shares of Capital stock of the Kenai City Development, Inc., do hereby constitute and appoint as my proxy to attend the Annual Meeting of Shareholders to be held on June, 1975, and any continuation or adjournment of said meeting, with full power to vote and act for me the sauna extent that I might, were I personally present, giving to my said Proxyholder gull power of substitution and revocation. Dated at , the day of , 197S. Witness: Signature I, b' 1� 611 1 KENAI POLICE DEPARVIVIT C_�X MOATHLY WORT MAY, 1975 During the month of May, 1975, the .enai Police Department issued 283 verbal warnings and 96 traffic citations. A total of 26 arrests were made for the following offenses: Assault and battery 3 OMVI 6 negligent Driving 2 Driving on Suspended Operator's Lic. 2 Receiving & Concealing Stolen Propertvl Possession Marijuana 2 Minor in Possession 3 Shoplifting 2 Runaway Juvenile 1 rJarrants: 4 Traffic 2 Failure to Appear 2 TOTAL 26 t ii Four accidents were investigated by the Kenai Police Department during the month of May which resulted in two injuries and prop- erty damage of $4,625.00. Kenai Police officers devoted a total of 85.5 hours of overtime in the month of May. ! ;f RICHARD A. ROSS ACTING CHIEF OF POLICE KLF 4 I &Ik OF &L&SK DEPARTMENT UK EDU41,AT[99N Richard B. Engen, Director UNION Ui SME UMNIS AND MUSfUMS June 6, 1975 /AY I NMMOND, 80YUNOR Pouch G Juneau, A'iaska 99811 Mr. Roland D. Lynn City Manager City of Kenai P. 0. Box 580 Kenai, Alaska 98611 Dear Mr. Lynn: Enclosed are 3 copies of the construction grant agreement. I am sorry for the delay in revising the forms that has kept this here so long. We look forward to receiving a copy of your plan and bid specifications. Please sign and return two copies to us for full signature.on the agreement. Sincerely, Mrs. Margaret Leibowitz Deputy Director i Alaska State Libraries and Museums ML:lb Enclosure(s) i :w r V F 1 k l� 1 &Ik OF &L&SK DEPARTMENT UK EDU41,AT[99N Richard B. Engen, Director UNION Ui SME UMNIS AND MUSfUMS June 6, 1975 /AY I NMMOND, 80YUNOR Pouch G Juneau, A'iaska 99811 Mr. Roland D. Lynn City Manager City of Kenai P. 0. Box 580 Kenai, Alaska 98611 Dear Mr. Lynn: Enclosed are 3 copies of the construction grant agreement. I am sorry for the delay in revising the forms that has kept this here so long. We look forward to receiving a copy of your plan and bid specifications. Please sign and return two copies to us for full signature.on the agreement. Sincerely, Mrs. Margaret Leibowitz Deputy Director i Alaska State Libraries and Museums ML:lb Enclosure(s) i :w r V F 1 k ALASKA STATE LIBRARY AGREEMENT LIBRARY CONSTRUCTION GRANT This agreement, made and entered into this 1 st day of, May , 1975, by and between the Alaska State Library, hereafter referred to as the First Party; and the Library Board of Directors of the Kenai Community Library , hereafter referred to as the Second Party; and the City of Kenai hereafter referred to as the Third Party. E WITNESSETH WHEREAS, The State of A13::ka has appropriated funds for library construction; and WHEREAS, the application of the Second and/or Third Party for a grant for public library construction has been approved. NOW THEREFORE, for and in consideration of the mutural covenants herein contained the parties hereto aggree as follows: A. The First Party will agree to: 1. Furnish funds in the total amount of $ 250,000 These funds will be paid in four installments, on 25 percent, 50 percent, 75 percent, and 100 percent completion of the project. Ten (10) percent of the total Public Library Construction Grant shall be withheld from the final payment pending completion of a local audit. 2. Provide, as necessary, advisory services in furtherance of the pro- ject and supervise the administration of the project. B. The Second and Third Parties will agree to: I. Expend local funds of at least $ 250,000 for project purposes. 2. Employ a qualified architect to plan and supervise construction. Submit preliminary plans and final working drawings and specifications to the First Party for approval before the project is advertised for bids. Change orders should be submitted for approval prior to authorization for inclusion in contract. 3. Meet all applicable state and local laws, regulations, and codes for the construction of a public facility. 4. Call for bids within 90 days from the date of signing this contract. Begin construction work promptly and complete the project within a reasonable length of time. 5. Provide on-site architectural or engineering supervision and inspection to insure that the completed work conforms to the approved plans and specifications. q11111 111101.. 1 L T a V W1 F kL I 6. Assure compliance with Federal and State laws and regulations relating to environmental planning, reports and protection. 7. Permit representatives of the First Party to review records, make audits 19 and on-site inspections. 8. Make requests as scheduled above for the Grant share of construction project costs on forms specified by the First Party. 9. Establish and maintain such accounts as will permit accurate and - expeditious audit at any time during the construction project. 1 10. Submit to the First Party regular reports of the receipt and disposition of money, copies of the inspection reports, and such additional reports as may be requested. 11. Provide the First Party with an audit of the funds on the completion of the construction project. - C. Conditions: 1. No expenditure shall be made or action taken which is contrary to the laws or regulations of the State of Alaska. 2. No change shall be made in the project unless a change order is approved in writing by the First Party. 3. The application for a Library Construction Grant is made Part and Parcel of this contract. ALASKA STATE LIBRARY LIBRARY BOARD t (Name) (Name) _ (Title) (Title) LOCAL JURISDICTION ` (Name) (Title) z . s I i r i .. • tee. _ ._. _ _. _ . - -. ._ _ � ... _ .. __ ALASKA STATE LIBRARY AGREEMENT LIBRARY CONSTRUCTION GRANT This agreement, made and entered into this 1 st day of, May , 1975, by and between the Alaska State Library, hereafter referred to as the First Party; and the Library Board of Directors of the Kenai Community Library hereafter referred to as the Second Party; and the City of Kenai hereafter referred to as the Third Party. WITNESSETH WHEREAS, The State of Alaska has appropriated funds for library construction; and WHEREAS, the application of the Second and/or Third Party for a grant for public library construction has been approved. NOW THEREFORE, for and in consideration of the mutural covenants herein contained the parties hereto aggree as follows: A. The First Party will agree to: 1. Furnish funds in the total amount of $ 250,000 These funds will be paid in four installments, on t5 percent, 50 percent, 75 percent, and 100 percent completion of the project. Ten (10) percent of the total Public Library Construction Grant shall be withheld from the final payment pending completion of a total audit. 2. Provide, as necessary, advisory services in furtherance of the pro- ject and supervise the administration of the project. B. The Second and Third Parties will agree to: 1. Expend local funds of at least $ 250,000 for project purposes. 2. Employ a qualified architect to plan and supervise construction. Submit preliminary plans and final working drawings and specifications to the First Party for approval before the project is advertised for bids. Change orders should be submitted for approval prior to authorization for inclusion in contract. 3. Meet all applicable state and local laws, regulations, and codes for the construction of a public facility. 4. Call for bids within 90 days from the date of signing this contract. Begin construction work promptly and complete the project within a reasonable length of time. 5. Provide on-site architectural or engineering supervision and inspection to insure that the completed work conforms to the approved plans and specifications. f� r ,r I i F i t, f� r J 11111 II _.-.__. _...._.+�:_._.-_.__-.-_-_`• ... --•- -__� WI III I 1 6. Assure compliance with Federal and State laws and regulations relating to environmental planning, reports and protection. 7. Permit representatives of the First Party to review records, make audits and on-site inspections. 8. Make requests as scheduled above for the Grant share of construction project costs on forms specified by the First Party. 9. Establish and maintain such accounts as will permit accurate and expeditious audit at any time during the construction project. 10. Submit to the First Party regular reports of the receipt and disposition of money, copies of the inspection reports, and such additional reports as may be requested. 11. Provide the First Party with an audit of the funds on the completion of the construction project. C. Conditions: 1. No expenditure shall be made or action taken which is contrary to the laws or regulations of the State of Alaska. 2. No change shall be made in the project unless a change order is approved in writing by the First Party. 3. The application for a Library Construction Grant is made Part and Parcel of this contract. ALASKA STATE LIBRARY LIBRARY BOARD (Name) (Name) (Title) (Title) LOCAL JURISDICTION (Name) (Title) A J .a ..`-. ... • 7- - I ALASKA STATE LIBRARY AGREEMENT LIBRARY CONSTRUCTION GRANT This agreement, made and entered into this 1 st day of, May , 1975, by and between the Alaska State Library, hereafter referred to as the First Party; and the Library Board of Directors of the Kenai Community Library hereafter referred to as the Second Party; and the City of Kenai hereafter referred to as the Third Party. WITNESSETH WHEREAS, The State of Alaska has appropriated funds for library construction; and WHEREAS, the application of the Second and/or Third Party for a grant for public library construction has been approved. NOW THEREFORE, for and in consideration of the mutural covenants herein contained the parties hereto aggree as follows: A. The First Party will agree to: 1. Furnish funds in the total amount of $ 250,000 These funds will be paid in four installments, on 6 percent, 50 percent, 75 percent, and 100 percent completion of the project. Ten (10) percent of the total Public Library Construction Grant shall be withheld from the final payment pending completion of a local audit. 2. Provide, as necessary, advisory services in furtherance of the pro- ject and supervise the administration of the project. B. The Second and Third Parties will agree to: 1. Expend local funds of at least $ 250,000 for project purposes. 2. Employ a qualified architect to plan and supervise construction. Submit preliminary plans and final working drawings and specifications to the First Party for approval before the project is advertised for bids. Change orders should be submitted for approval prior to authorization for inclusion in contract. '- 3. Meet all applicable state and local laws, regulations, and codes for the construction of a public facility. - — 4. Call for bids within 90 days from the date of signing this contract. Begin construction work promptly and complete the project within a -- - reasonable length of time. 5. Provide on-site architectural or engineering supervision and inspection to insure that the completed work conforms to the approved plans and specifications. i f 1 1 . { t J II I 6. Assure compliance with Federal and State laws and regulations relating to environmental planning, reports and protection. 7. Permit representatives of the First Party to review records, make audits and on-site inspections. 8. Make requests as scheduled above for the Grant share of construction project costs on forms specified by the First Party. 9. Establish and maintain such accounts as will permit accurate and expeditious audit at any time during the construction project. 10. Submit to the First Party regular reports of the receipt and disposition of money, copies of the inspection reports, and such additional reports as may be requested. 11. Provide the First Party with an audit of the funds on the completion of the construction project. C. Conditions: 1. No expenditure shall be made or action taken which is contrary to the laws or regulations of the State of Alaska. 2. No change shall be made in the project unless a change order is approved in writing by the First Party. 3. The application for a Library Construction Grant is made Part and Parcel of this contract. ALASKA STATE LIBRARY LIBRARY BOARD (Name) (Name) (Title) (Title) LOCAL JURISDICTION (dame) (Title) V June; 1975 TO: POSTMASTERS & CITY CLERKS FROM: FRANCES BRYMER, BOROUGH CLERK SUBJECT: MEETING NOTICE FOR POSTING UNTIL JUNE 18, 1975 NOTICE OF MEETING AND HEARING The assembly of the Kenai Peninsula Borough will meet in regular session TUESDAY, June 17, 1975 at 7:30 p.m., in the Borough Administration Building, Soldotna, Alaska. Ordinances to be heard at this meeting are: Ord. 75-36 "An Ordinance Appropriating Funds for Fiscal Year 1975-76 for All Service Area Funds Within the Kenai Peninsula Borough" Ord. 75,37 "A,t Ordinance Transferring Funds from the General Fund to the Capital Projects Fund" Ord. 75-38 "An Ordinance Making Supplemental Appropriations for Interest to Become Due on Bonds of the South Kenai Peninsula Hospital Service Area and for Bonding Expenses for South Kenai'Peninsula Hospital Service Area, North Kenai Fire Service Area, and for the School Fund for Debt Service" Ord. 7S-39 "An Ordinance Placing on the Ballot for the Next General Election the Question as I 1 i ---------------- ; r; MEETING NOTICE, JUNG 17 MEETING r Page 2 to Whether the Kenai Peninsula Borough Should Be Exempt from the Provisions of the Financial i • Disclosure Act (AS 39.50) and From the Provisions of AS 15.13, Requiring Reporting of Contributions - and Expenditures for Political Campaigns" In addition, Res. 75-32 "A Resolution Setting the Rate of Levy for Real and Personal Property Taxes for the Kenai Peninsula Borough and for"Service Areas Within the Borough for the Tax Year 197511, will be adopted. 't The public is invited to attend and participate in ;u. all meetings! Frances Brymer, Borough Clerk l I f f 4i I S y. s i i. U ._ ---._ .— - ,--T e. - - e• .. .SII . I _ L__ isyI • pate: May 3n, 1975 lle.�rit�g : .Tune 17, 1A 75 Vote: Action: i KENAI PENINSULA BOROUGII I ORDINANCE 75-36 ' AN ORDINANCE APPROPRIATING rUNDS FOR PISCAL YEAR 1975-1976 FOR ALL SERVICE AREA FUNDS WITHIN THE KI -.'NAI PENINSULA BOROUGH. BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. The sum of $ is hereby appropriated to the Central peninsula Hospital Service Area fund for operations for the fiscal year July 1, 1975 through June 30, 1976. Section 2. The sum of $ is hereby appropriated to the North Kenai Fire Service Area fund for operations for the fiscal - year July 1, 1975, through June 301 1976. Section .3. The sum of $ is hereby appropriated to the Seldovia Water Service Area fund -for operations for the fiscal year July 1, 1975, through June 30, 1976. ` Section 9. The sum of $ is hereby appropriated to the South P:!n1nsula Hospital Service Area fund for operations for the fiscal year July 1, 1975, through June 30, 1976. ' - Section S. The sum of $ is hereby appropriated to the North Peninsula Recreation Service Area fund for operations for the fiscal year July 1, 1975, through June 30, 1976. i. Section 6. This ordinance shall become effective on July 1, 1975. ADOPTED BY THE ASSEMBLY OP THE KENAI PENINSULA BOROUGH THIS DAY OF , 1975. - Assembly President - -- ATTEST: F • I1orou!Ih Ciark 1 - f Introduced by: Mayor Date: May 20, 1975 [fearing: Jun: 17, 1975 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 75-37 AN ORDINANCE TRANSFERRING FUNDS FROM THE GENERAL FUND TO THE � CAPITAL PROJECTS FUND BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That the sum of $37,500 is hereby trans- ferred from the Planning Department, Fees and Services account to the Capital Projects Fund for improvements of - solid waste sites. Section 2. This ordinance takes effect immediately upon enactment. ` ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUG:t THIS DAY OF , 1975. .lames V. Arness, Assembly Pres. ATTEST: borough C lerx introc!uced by: mayor May 20, 1975 llo ril: June 17, 1975 Vutcr: Action: KENAI PENINSULA POROUCH ORDINANCE 75-•38 AN. 0%DIi•JA.*4Cd:."+ AKIIX; SU)'1'1 M.".1:NTAL FOR P—i'I'', TO 19RCOMM Alli ON 1+M1^8 OF THE SOUT11 FENAI PUNI:`:SULA IMSPY,•A1. S:;T:P1CU ARE AND FO?: 13MOING );\PI:Y-"t);S* i'c'!Z SOU I'1) REINA I 1'I:NN Si'IA HOSPITAL 81,3 CE APPA. tif)'..-11f 1i1• -.NAI MU SERVICE MX A, AN*D FOU HE 8CI14(G0h FL1X) T("t D:*,B':' :;L,t\ AIC.U. WIil P AV, i•:tere:-t in the of 515,7011 will dtic- ou July 1. 1975. cn. for ti::: <-onstruil." r1 of thts rnuth Iiels:.i on.] WHEREAS. :-.ppro:Ai,)A1;1y cn .009 iws been ineurrcd ii, v; praises for bond closing costs inr.!ue-i,tg. among rther thirgs. rost.: of �:•httin•f bun0s. cult c,i r;acuri:.+ :.1r;.,c!•••, �•. , 1 3 , -;Vug- e;;d bore) rot+r::-, f!;i!', (approxlmew!y r(j,00(1) for til:' I,r"wi . of 1.4-w ,rf-r,th K.rwl t.?ilir!' ll lla-,p1thl Se.-ovice ssrea is!i nd to obutin funds con.-,truction c•.f iha w?v. hoopital therein; and WHEREAS, approximately $1,000 expenses for bond counsel has been incurred for sale of the bond of North Kenai Fire Service Area to obtain funds for purchase of emergency rescue and medical vehicular equipment pursuant to KPO 74-40 and KPO 74-74; and WHEREAS, approximately $9,000 is anticipated in expenses for issuance of bonds pursuant to KPO 75-23 for construction of additions to Kenai Central High School, East Homer Elementary. School, Soldotna Elementary School, and Bob Bartlett School in Tyonek, including approxi- mately $1,000 for printing of bonds. approximately $1,000 for securing bloody's rating, approximately $6,000 for fees of bond counsel, and other closing costs; Now Therefore, Kenai Peninsula Bnrougrh Ordinance 75-38 Pugs 1 of 2 Pages I L �' - -- ' .rs. � - ... - -' - ..� ___ '' __..-»n,.%a.=-._.err,='�'- _— .,;.nr;,.-:-ssycu�,� J.�i..L�LI� •I':L• I �.11 � I I � BE IT ORDAINED BY T11I3 ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1: The sum of $15,700 is hereby appropriated to the South Kenai Peninsula Hospital Service Area -Debt Service Account from unappropriated surpluses of the South Kenai Peninsula Hospital Service Area. Section 2: The sum of $9,000 is hereby appropriated to the South Kenai Peninsula hospital Service Area -Debt Service Account from unappropriated surpluses of the South Kenai Peninsula Hospitrtl Service Area. Section 3: The sum of $1,000 is hereby appropriated to the North Kenai Fire Service Area -Debt Service Account from unappropriated surpluses of the North Kenai Fire Service Area. Section 4: The sum of $9,000 is hereby appropriated to the School Fund -Debt Service Account from unappropriated surpluses of the borough. Section 5: This ordinance shall• become effective the day after enactment. ADOPTED BY WE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS DAY OF , 1975. F � ATTEST: w Borough Clerk f ' k E F - i j � 1 t 4 - =t �f -i Ikp f Assembly President Kenai Peninsula Borough • Ordinance 75-38 Page 2 of 2 Pages V-- - R v _— _ f • � deli i i!':�J � _ -.-_-� � � i i e .e ne n iti i.� ae.�s:erae�u• e!� .�. .,,,, �� � . a Introduced by: McCloud Date: May 20, 1975 Hearing: June 17, 1975 Vote: Action: KENAI PENINSULA BOROUGH ORDINANCE 75-39 AN ORDINANCE PLACING ON THE BALLOT FOR THE NEXT GENERAL ELECTION THE QUESTIONS AS TO WHETHER THE KENAI PENINSULA BOROUGH SHOULD BE EXEMPT FROM THE PROVISION'S OF THE FINANCIAL. DISCLOSURE STATUTES (AS 39.50) AND FROM THE PROVISIONS OF THE ELECTION CAMPAIGN FUND DISCLOSURE STATUTES (AS 15.13) REQUIRING REPORTING OF CONTRIBUTIONS AND EXPENDITURES FOR POLITICAL CAMPAIGNS. WHEREAS, the provisions of AS 39.50 require municipal officers, including mayor, assemblymen, school hoard momN rs, and members of planning and zoning commission, to file reports concern- ing finances and also the finances of spouses, dependent children, or nondependent children living with them with respect to the source of all income over $100, including capital gains, identity of each business in which any of them was a stockholder, owner, officer, director, partner, proprietor, or employee, the identity and nature of each interest owned by any of them in any business, the identity and nature of each interest in real property, including an option to buy, any loan or loan guarantee made to any of them, the identity of each trust in which any of them held a beneficial interest, and other such financial information normally considered of a private and confidential nature; and WHEREAS, AS 39.50.145 provides that a municipality may exempt its municipal officers from the requirements of the chapter if a majority of the voters voting on the question at a general election vote to exempt its municipal officers from such requirements; and WHEREAS, the positions• covered require a great expenditure of time in the public interest and most of them receive little or no payment therefor; and Kenai Peninsula Borough Ordinance 75-39 ` Page i of 3 Pages WHEREAS. compliance and participation in AS 39.50 would drastically discourage and limit the number of parties willing to donate a great part of their time to public service to the detriment of the Kenai Peninsula Borough; and WHEREAS, AS 15.13 requires reporting of contributions to political candidates of over $100 (including contributions of goods or services), limits campaign contributions, and requires detailed report- ing of campaign expenditures; and WHEREAS, the bookkeeping involved, the technicalities of reporting required with criminal penalties assessed for failures, and the invasion of privacy would discourage contributing to local campaigns, expenditures in local campaigns, and even obtaining competent candidates willing to run for office in the Kenai Peninsula Borough; and WHEREAS, AS 15.13.010 provides, that a municipality may exempt itself from the requirements of the chapter if a majority of the voters at a general election vote to exempt the municipality; and WHEREAS, enforcement of either AS 15.13 or AS 39.50 in elections in the Kenai Peninsula Borough would only penalize, hancii- cap, and discourage the honest, and could and probably would be evaded by the dishonest; and WHEREAS, the Assembly of the Kenai Peninsula Borough believes that the voters of the Kenai Peninsula Borough should be given the opportunity to decide whether or not either or both of these laws ` should be applicable to public offices within the Kenai Peninsula Borough; Now Therefore, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1: There shall be placed on the ballot for the regular borough election of October 7, 1975, with appropriate proposition number to be designated by the . Clerk, the following question: "Shall the Kenai Peninsula Borough be exempt from the provisions of state law (AS 39.50) relating to conflicts of interest or financial disclosure of candidates and holders of municipal offices?" Kenai" Peninsula Borough Ordinance 75-39 Page 2 of 3 Pages Section 2: There shall be placed on the bnllot for the j regular borough election of October 7, 1975, with appropriate proposition number to be designated by the Clerk, the following question: "Shall the Kenai Peninsula Borough be exempt from the provisions of state law (AS 15.13) relating to election campaign fund disclosure or to reporting of contributions and expenditures in election campaigns?" Section 3: This ordinance shall be effective on the day after passage, and the exemptions, or either of them, shall become effective on ratification by the electorate. _ ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGIi THIS DAY OF 1975. Assembly President ATTEST: Borough Clerk 1 I , i f, 't I Kenai Peninsula Borough Ordinance 75-39 Page 3 of 3 Pages N Mayor $ City Council Roland D. Lynn, City Manager June 11, 1975 INCREASED WORKMEN'S COMPENSATION RESULTING FROM PASSAGE OF HB 146 We received word from our Insurance Agents today that the Workmen's Compensation Insurance premium will be increased by SO percent as a result of passage of HB 146. This means that we will have to include an extra $6,755 (approximately) to pay for the increase. This could partially be offset by the savings, which we anticipate, by purchasing new health insurance. I will keep you posted on the matter. Also, on the telephone poll I conducted 6/10 regarding repairs on the Loader, there were two negative votes. Consequently, I do not feel I can under these conditions r go ahead and authorize purchase of materials and parts necessary for equipment which would be in violation of City Ordinance. Therefore, the Loader will sit idle until after the Council meeting of June 18, 1975. L � r �1 r RDL:sp 0 i F £ ' �' '��` ;•jam ����� Q 141 MEMORANDUM TO: i•. i FROM: DATE: } SUBJECT: Mayor $ City Council Roland D. Lynn, City Manager June 11, 1975 INCREASED WORKMEN'S COMPENSATION RESULTING FROM PASSAGE OF HB 146 We received word from our Insurance Agents today that the Workmen's Compensation Insurance premium will be increased by SO percent as a result of passage of HB 146. This means that we will have to include an extra $6,755 (approximately) to pay for the increase. This could partially be offset by the savings, which we anticipate, by purchasing new health insurance. I will keep you posted on the matter. Also, on the telephone poll I conducted 6/10 regarding repairs on the Loader, there were two negative votes. Consequently, I do not feel I can under these conditions r go ahead and authorize purchase of materials and parts necessary for equipment which would be in violation of City Ordinance. Therefore, the Loader will sit idle until after the Council meeting of June 18, 1975. L � r �1 r RDL:sp 0 r 71 11NAI POLICE DEPART'^EIT 010A iLY REPORT ✓ MAY, 1975 During the month of Play, 1975, the enai Police Department issued 283 verbal :warnings and 9E traffic citations. 1 total of 26 arrests were made for the fol lo}•ring offenses: Assault and L'attery ? OMVI 6 Negligent Driving 2 Privinq on Suspended 9nerator's Lic. 2 Receiving & Concealing Stolen Propertvl Possession Marijuana 2 Minor 1n Possession 3 Shoplifting 2 Runaway Juvenile 1 darrants: 4 Traffic 2 Failure to Appear 2 TOTAL 26 Four accidents were investigated by the Kenai Police Departilent during the month of May which resulted in two injuries and prop- erty damage of $4.625.00. Kenai Police officers devoted a total of 83.5 hours of overtime in the month of flay. RIQWRD . ROSS ACTING CHIEF OF POLICE KLF MI 1. .k I J I I I I ILMI l Illl�i�llsw FI 1111 4 II I III II. lid k i eornnue►ute� .L'iGzu.�y, �rxe. A PUBLIC LIBRARY IN SERVICE SINCE 1049 eox 157 d KENAI. ALASKA 99611 d I f{� } REPORT FOR THE MONTH OF MAY 1975 Circulation Adult Juvenile Easy Books Fiction 755 154 589 _ Non -Fiction 646 27 101 Total Book Circulation for Month 2272 Films, Phonodiscs, Pamphlets, Periodicals 109 Total Circulation for Month 2381 Additions Gifts 54 - ; Purchases 52 Total Additions for Month Y 106 t Remedial and Reworked Books 45 Interlibrary Loans Ordered Received Returned $ Books 28 37 59 } Phonodiscs 3 3 3 i Volunteers Number 12 Total Hours 20211 ` income y Fines and Sale Books $113.84 i Lost or Damaged Books 8.00 Total Income for Month $121.84 __ _. T r i - k % 4 k ! -I J ' I I r L_ J FISHER & HORNADAY �+ . Mayor, City Council 6 ATTORNEYS To City Manager Box 397 Box 580 Professional Building Kenai, Alaska Kenai, Alaska 99611 f //�� Phone 263.7565 DA-rao--juns 75 SUBJECT_ 0 0 M Enc 1 ssd is a copy of a letter from Rep. Hugh cialonp to George Day, 6 E with ioments on the Legislative program. S Einer i, S A G E JAMES 0: FISHER & _ Mayor, City Council & AT � o City i:anay_-r & Box 580 Professi Xannai , Alaska Kenai, i Phone SUBJECT M Enc l sad is a copy of a lsttsr from Rep. Hugh Malone tc E with - onmsnts on thA Lsgisla.tivw prograia. " S sincs A ' G E JW1ES IiOIitJADAY ChJamb2 L_gislative Committee �T w i I 91GNFD ! DATE OF REPLY-___.-._�..�,_ _ R E P L Y I . SIGNED __. I I 1 ,1 � � J 1 . I i - • -i 1 f 0 r _. ---., April 19, 1975 Hr. George Day President Kenai Chamber of Commerce P.O. Box 497 Kenai, Alaska 99611 Dear :sr. Day: Please excuse the delay in answering your letter on the status of the Kenai Chamber of Commerce legislative program. &bloat of the problems to which you refer- require substantial amounts of state funding. At this time we have a projection of 550 million dollars available in cash to the State through k"V 7G, and over 580 ir'Ilion dollar budget requests. So the amount of Frogre3s on thi: prcgror., will depend to a large extent -on whether or not this session of the legislature solves the state's financial problems. .*!c roust find major now sources of revenue for the State of Alaska if we are to expand any programs. I would think that the present State programs in stream rehabilitation and fisheriies devolopment will continue. -This is a priority as ex- pressed by the last legislature and also by this legislature. Fishing industry has a major Potential in the State but it must be developed. It is renewable resource that can be with us forever. On the question of additional return of State Revenues I would say that without major new sources of state revenues available to the State we can only hope for marginal Improvements of the state revenue sharing system. The House Finance Cormittee has reported out a Senate Bill which would increase the revenue sharing for fire protection by 50% raising it to $7.50 per capita from the present rate of $5.00. I would like to see a major increase in revenue sharing to municipalities In Alaska. I think this increase should be on the order of 50% to account for inflation since the program was instituted. Regarding the upgrading and paving of the Beaver Loop and Forrest Drive roads, I am in communication with the Commissioner of Highways on this subject. Also, I will report at that time on the status of the Kenai Spur project. I 0 Palyu 2 Civic Center ruridinr- is not in tho cards r1j7ht now. If we can Cet the State Levenuee rroblens strailiteneu out the best way to handle this would be throuf-h a state ireneral obliration botad issue on tno 1976 ballot. As you know, previous, state bond issues pro vidinr for Civic Center conaLruction t6roulphout Alaska waa heartv,;ly aefeatod t% -.ice by tine voters, once in 1972 and main in 11.173. 1 would say that chances of &Natting a direct appropriation for thir, purpose are not Cood since it Is not one of the major priorities facing, the State or Alaska. I would hope that we could perhaps i -et sone planning; money set up for these things. Ree:ardlnf, the Harbor Construction - as you know, wrork started on a small boat area in the Kenai ?Iver. Additional funds are made available in the 1972 bond issue. I do this this leeislature will make sufficient funding available so that we will ' have a decent sr -.all boat harbor In the Nenai River in the near future. A &-;ediwij Draft. Harbor is iu*iother question. I have been in conm.unication with ti;e Division of Water and harbors on this subject and am now awaitinr their reply. To'sum things up, I have to tell you plainly at this tire the r4or new exrenditures eiluhcr for new programs or carital Projoet3 caranot be sustained by the state's current financing. In fact, the stAtels* resent budget cannot be sustained by the state's present revoriuvv. hope we can solve this problem during this session of the ler inlature. If we can do this, we can begin to meet the needs that you express. Sorry to be so bleak., W-1: rs Sincerely,, Hugh Malone L REPRESENTATIVE HELEN D. BEIRNE POUCH V JUNEAU. ALASKA 99001 P.O. Box 4•88 ANCHORAGE, ALASKA 99809 �ltish:s � tate �rgis(titiire COMMITTEES HEALTH, EDUCATION AND SOCIAL SERVICES STATE AFFAIRS �buse of Pepresentaflues 1 June 1975 James A. Elson, Mayor City of Kenai P.O. Box 580 , Kenai, Alaska 99611 ' Dear Mayor Elson: Early this month I introduced a proposed piece of legislation (HB 478) which addresses some of the inequities in our statewide taxing structure. Basically it would give the municipalities the option to tax income and wages in reference to the provisions of the State income tax which is in effect at that time. This would allow for the levying of taxes on the wages of transient workers and the income of seasonal self owned businesses such as fishing boats, etc., as well as taxing the wages of the more permanent wage earner and the net income of businesses. At the same time as the municipality exercised its option to tax wages and income it would phase out over a three year period the use of the general property tax for such broad based public needs such as education, transportation systems, healthservices, libraries, hospital facilities and recreational facilities. By the beginning of the third fiscal year of enactment the general property tax would be used for only those purposes directly related to protection and regulation of property or property values. This bill also would repeal.the gross business license tax as the net income of the businesses with tax. On the first hearing of this bill before the Community and Regional Affairs Committee, it was very apparent that the fear of the revenue loss by the immediate repeal of the business license tax was very real. Therefore a proposed committee substitute was draw up which will be considered during the next Legislative session. This committee substitute addresses itself to the major components of the original bill but also addresses itself to a gradual phasing out of the gross business tax. The substitute bill would decrease the sum which is paid in a $25 license fee for each business, to a sum equal to one-fourth rather than one-half of one percent of the gross receipts in excess of $20,000 from the business during the year for which the license is issued until January 1, 1977 and thereafter at a rate of 1/8 of one per cent until January, 1979. The gross busi- ness tax would be repealed in total by January 1, 1979. .I -2- It 2-It appears to me that a municipal tax structure of this sort would decrease the inequitable property tax which now exists, i eliminate the regressive business license tax and place the re- sponsibility of broad public activities on the wage earner and net income where it belongs. It also appears to me that if it is tied to the state income tax that it would not be that dif- ficult or expensive to administer whether it was collected on the state level and returned to the municipality or whether it was collected by the municipality itself. I would appreciate it if you would look over the original bill and the proposed draft of the committee substitute and let me know what you think of this concept. If you have time to address yourself to this question I would like to have any comments sent to my Anchorage ad1ress which is Box 4 -BB, Anchorage, Alaska, sometime during the summer or before the next Legislative -session in January. Thank you very much for your consideration cif this matter. Sincerely, n Helen D. Beirne Encl: HB 478 Draft of proposed CS A I I I I War S 0 k_._ _- ..- - .. .._e P.l7l��•l•�u�L'��SIIIII�L I 116 r 1, I. Introduced: 5/3/75 Referred: Community & Regional Affairs and Finance BY H.BEIRNF,FISCHER,SULLIVAN I'IN THE HOUSE AND SWANSON 2 HOUSE BILL NO. 478 3 IN THE LEGISLATURE OF THE STATE OF ALASKA 4 NINTH LEGISLATURE - FIRST SESSION S A BILL 6 Por an Act entitled: "An Act relating to municipal tax; rzpealing the Alaska 7 Business License Tax; and providing for an effective i 8. date." i 9 HE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: � i 10 • Section 1. AS 29.53 is amended by adding new sections to read: 11 ARTICLE 6. MUNICIPAL INCONE TAX. 12 Sec. 29.53.470. AUTHORIZATION. A municipality may by ordinance t 13 adopt an income tax which incorporates by reference the provisions of 14 the state income tax in effect at the time of adoption and as subse- IS quently amended. The rate of tax shall be a percentage, as prescribed 16 by ordinance, of the tax liability determined for state income tax 17 purposes. 18 Sec. 29.53.480. ADMINISTRATION. The income tax imposed under 19 see. 470 of this chapter shall be administered by the Department of ZO Revenue. Taxes collected under a municipal income tax shall be distri- 21 bated to the municipality imposing the tax after deduction by the 22 department of an amount sufficient to cover the necessary and legitimate 23: i additional expenditures incurred by the department in administering the 24 " tax. The regulations promulgated relating to state income tax shall 25 apply to municipal income tax except when in the judgment of the eom- 20 missioner particular regulations would be inconsistent or not feasible 27 to administer if applied to municipal income tax. 28 Sec. 29.53.490. CERTIFICATION. A municipality adopting an income 29 tax shall certify to the Department of Revenue the rate of the tax and -1- HB 478 1 i I I t. k_._ _- ..- - .. .._e P.l7l��•l•�u�L'��SIIIII�L I 116 r 1, I. Introduced: 5/3/75 Referred: Community & Regional Affairs and Finance BY H.BEIRNF,FISCHER,SULLIVAN I'IN THE HOUSE AND SWANSON 2 HOUSE BILL NO. 478 3 IN THE LEGISLATURE OF THE STATE OF ALASKA 4 NINTH LEGISLATURE - FIRST SESSION S A BILL 6 Por an Act entitled: "An Act relating to municipal tax; rzpealing the Alaska 7 Business License Tax; and providing for an effective i 8. date." i 9 HE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: � i 10 • Section 1. AS 29.53 is amended by adding new sections to read: 11 ARTICLE 6. MUNICIPAL INCONE TAX. 12 Sec. 29.53.470. AUTHORIZATION. A municipality may by ordinance t 13 adopt an income tax which incorporates by reference the provisions of 14 the state income tax in effect at the time of adoption and as subse- IS quently amended. The rate of tax shall be a percentage, as prescribed 16 by ordinance, of the tax liability determined for state income tax 17 purposes. 18 Sec. 29.53.480. ADMINISTRATION. The income tax imposed under 19 see. 470 of this chapter shall be administered by the Department of ZO Revenue. Taxes collected under a municipal income tax shall be distri- 21 bated to the municipality imposing the tax after deduction by the 22 department of an amount sufficient to cover the necessary and legitimate 23: i additional expenditures incurred by the department in administering the 24 " tax. The regulations promulgated relating to state income tax shall 25 apply to municipal income tax except when in the judgment of the eom- 20 missioner particular regulations would be inconsistent or not feasible 27 to administer if applied to municipal income tax. 28 Sec. 29.53.490. CERTIFICATION. A municipality adopting an income 29 tax shall certify to the Department of Revenue the rate of the tax and -1- HB 478 r 2 3 4 S 6 8 4 •10 11 12 ' 13 14 IS i 16 i i 17 18 I 19 F 20 ' q 21 22 • 23 24 - -- 25 26 27 28 29 the date when it becomes effective. ARTICLE 7. MUNICIPAL VJAOE TAX. Sec. 29.53.500. MUNICIPAL WAGE TAX. (a) A municipality may by ordinance levy and collect a wage tax on all wages earned by employees within the municipality. (b) Wages are earned within a municipaliittay if the wages are earned for work done or for services performed within the municipality. (c) Exemptions from the tax may be granted by the municipality. Sec• 29.53.510. RETURNS AND THE PAYMENT OF TAX. (a) On or before April 15 of each year, each employee subject to a tax shall make and file a return prescribed by the municipality on wages earned during the previous calendar year setting out the wages earned within the munici- pality, the amount of tax due or overpayment of the tax, and other Information required by the municipality. (b) The total amount of tax is due and payable on or before April 15 of each year for wages earned within the municipality for the previous calendar year. Sec• 29.53.520. CREDITS. (a) A municipality may provide for credits against the tax authorized in sec. 500 of this chapter of other taxes paid to that municipality. (b) The amounts deducted and withheld under sec. 530 of this chapter during a calendar year shall be allowed as a credit to the employee against the tax levied by the municipality. (c) All payments made to the municipality or to another munici- pality in the state for municipal income tax is a credit to the employee against the wage tax. See. 29.53.530. WITHHOLDING. (a) Every employer maintaining an office or transacting business within the state and making payment of wages taxable by a municipality shall withhold and deduct a tax from HS 478 -2- n i I 1 each of his employee's wages in an amount equivalent to the amount of 2 tax due on the wasps for that year. The manner and amount of tax to be 3 withheld shall bi preseri'xd by the municipality imposing the tax. 4 (b) Every enpl.oygr required to deduct- anc withhold a ta:: under s I Vila shall. file a return and pay over .he tax in the manner and 6 at the: Um -:?s prest:ri.bea by the mani.cipallty. ! • I i 7(e) Every employer required to deduct and withhold a tax under � 8 this soc,Joi. from the ciagea of an emptoyet-� shall furnish to each em- ' 9 ployee on or before Vehruary 1 of each year a statement prescribed by 10 ' the municipality iet Jng out tne:.• totcl amount of wages paid by the 11 employer to the emplo:►ea, the r.:-iount of cages earned within the munict- - 12 pality, the amounb or tax deducted and withbeld, and other information 13 ' the n in. -'X ipa'lity may requ4re. 14 Sea. 29.53.540. REPTINDS. P municJpa].l.ty may refund overpayment of 1s i tax,'taxea errolteuusly or illegally assessed or collected, penalties 16 k collected without authority, anti taxes that are foGnd ur.justly assessed 17 �� or excessive in amount, or otherwise wrongfully collected. le Sec. 29.51•550. APPEALS. (a) A person aggrieved by the action of 19- - a municipality in fixing the amount of tax or imposing a penalty may 20 ' appeal to the municipality. The municipality shall provide the proce- 21 Jure for appeals including the time in which appeals may be taken, 22 23 notice, hearing and decision. 24 (b) Within 30 days after a decision by the municipality after 25 s hearing, a person aggrieved by the decision may appeal to the superior - court. 26 27 Sea. 29.53.560• PENALTY AND INTEREST.'. (a) If an employer or 28 employee falls to file a return cr pay a tax on the date required by the municipality, a penalty shall be added to the tax not to exceed five per 29 cent of the tax for each month or frr.otion of the month during which the -3- HD 478 .il I failure continues. The penalty may not exceed 25 per cent in the 2 aggregate. 3 (b) When the tax levied becomes delinquent, it bears interest at the rate of eight per cent a year. )Iii- S Sec. 29.53.570. LIEN. (a) If a person who is liable to pay a tax 6 neglects or refuses to pay the tax after demand, the amount (including 7 penalty and interest) is a lien in favor of the municipality upon all 8 property, and rights to property, real or personal, belonging to the 9 person. 10 (b) The lien arises at the time of delinquency and continues until 11 the liability for the amount is satisfied or the lien is foreclosed. . 12 Sec. 29.53.580. PRIORITY AND ENFORCEMENT OF TAX LiENE. The 13 Id priority of and the procedures for enforcement of tax liens set out in la AS 43.20.240 — 43.20.270 apply to taxes levied under sec. 500 of this chapter except enforcement is by the municipality. 16 I Sec. 29.53.590. DEFINITIONS. In this chapter: ' v �. (1) "employee" means those employees defined in sec. 3401 of IL 18 the United States Internal Revenue Code as that definition exists on the ► = 19 - effective date of this Act; 20 (2) "employer" means those employers defined in see. 3401 of 21 v•- the United States Internal Revenue Code as that definition exists on the 22 effective Hate of this Act; 43 i24 (3) "wages" means those wages defined in sec. 3401 of the United States Internal Revenue Code as that definition exists on the ` 25 effective date of this Act. , _ 26 +1 See. 2. AS 43.20.290.is amended to read: 27 Sec. 43.20.290. EXCLUSIVE STATE AUTHORITY. Exeent as nrovid in 2e AS 29.53.470 — 29.53.590, no (NO] tax may be levied and collected upon 29 ' _ I the net income of resident or nonresident individuals by a general law .. k , HB 478 -4- i w i i - - I r: 1 i 1 city or by a home rule city or any other political subdivision of the 2 state. 3 e Sec. 3• AS 29.53.050 is amended to read: 4 Sec. 29.53.050. TAX LIMITATION. No municipality may levy and S tax for any purpose in excess of three per cent of tre assessed valua- 6 tion of property within the municipality in any one year. A munici- pality which levies fan income tax or a wage tax may not use proceeds of .8 the general Property tax 9 (W) for education during the first fiscal year following 10 adoption of a mi,inicipal income tax or wane tax: 11 (2) for education. transportation systems. health services 12 and hospital facilities, libraries or recreation facilities during the 13 second fiscal year foll,owina adoption of a municipal income tax or wage 14 IS (3) for any of the purposes listed in (2) of this section or 16 for any other purposes not specified by the roverni.ng body of the 17_ municioal.ity by ordinance as being directly related to protection or 181 regulation of property or property values after the expiration of the 191 second fiscal year following adoption of a municipal income tax or wage 20• tax; if the governing body determines a purpose is only so related in 21 part, it may determine in the ordinance a percentage of the cost which 22 may be borne by general property tax. 23. • Seo. 4. A3 43.70 is repealed. 24 6 Sec. 5• This Act takes effect immediately in accordance with AS 01.10.- 26 )70(c). 26 27 28 29 -5- HB 478 aft"Mmmeawit ii' --- —•-- — — ai�r,trarr�ii�inii i i k W _I i .. 1`` r )riginal sponsor: H. Beirne, Fischer, Sullivan and Swanson a. i • BY THE COMMUNITY AND 1;{N THE HOUSE REGIONAL AFFAIRS CO*1ITTEE 2, CS FOR HOUSE BILL N0. 478 3' IN THE LEGISLATURE OF THE STATE OF ALASKA j 4 NINTH LEGISLATURE - FIRST SESSION 5' A BILL . { • b,.for an Act entitled: "An Act relating to municipal tax; and the Alaska r � ;•%- business License Tax; and providing for an effective i 8 date." 9!9E IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:. 10 • Section 1. AS 29.53 is amended by adding new sections to read: •it" ARTICLE 6. 14UNICIPAL INCOME TAX. . 13' See. 29.53.470. AUTHORIZATION. .A municipality may L•; ordinance 131 adopt an income tax which incorporates by reference the provisions of 14the state income tax in effect at the time of adoption and as subse- quently amended.. The rate of tax shall be a percentage, as prescribed X16 by ordinance, of the tax liability determined for state income tax 17 ' purposes. 18 Sec. 29.93.480. ADMINISTRATION. The income tax imposed under 19 sec. 470 of this chapter shall be administered by the Department of 201 Revenue. Taxes collected under A municipal income tax shall be distri- 21: buted to the municipality imposing the tax after deduction by the .n: department of an amount sgfficient to cover the necessary and legitimate 023 additional expenditures incurred by the department in administering the 24 tax. The regulations promulgated relating to state income tax shall 23 apply to municipal income tax except when in the judgment of the com-• . 26 missioner particular regulations would be inconsistent or not feasible •27 ,jf•-i to administer if applied to municipal income tax. 26 . . Sec. 29.53.490. CERTIFICATION. A municipality adopting an income 29 . . tax shall certify to the Department of Revenue the rate of the tax and CSHB 478 I I Iiu,V i• - t the date when it becomes effective. 2 ARTICLE 7. MUNICIPAL WAGE TAX. 3i Sec• 29.53.500. MUNICIPAL WAGE TAX. (a) A municipality may by a ordinance levy and collect a wage tax on all wages earned by employees s within the municipality. j6 (b) Wages are earned within a municipality if the wages are earned •7 for work done or for services performed within the municipality. 0 (a) Exemptions from the tax may be granted by the municipality. 9 Sec. 29.53.510. RETURNS AND THE PAYMENT OF TAX. (a) On or before �0 April 15 of each year, each employee subject to a tax shall make and .11. file a return prescribed by the municipality on wages earned during the 12. previous calendar year setting out the wages earned within the munici- ,13 pality, the amount of tax due or overpayment of the tax, and other u information required by the municipality. Is (b) The total amount of tax is due and payable on or before 16 April 15 of each year for wages earned within the municipality for the previous calendar year. t8. Sea. 29.53.520. CREDITS'. (a) A municipality may provide for 19 credits against the tax authorlied in sec. 500 of this chapter of other Za taxes paid to that municipality. 21 (b) The amounts deducted and withheld under sec. 530 of this .22 chapter during a calendar year shall be allowed as a credit to the 23 employee against the tax levied by the municipality. 24 (o) All payments made to the municipality or to another munici- 25 pality In vhe state for municipal income tax is a credit to the employee .26 against the wage tax. V Sec. 29.53.530• WITHHOLDING.• (a) Every employer maintaining an 28 office or transacting business within the state and making payment of 29 wages taxable by a municipality shall withhold and deduct a tax from CSHB 478 IA. I III 11111■ IIIIIIII III II�� _ ~• '-' 1, each of his employee's wages in an amount equivalent to the amount of 2 tax due on the wages for that year. The manner and amount of tax to be 3 withheld shall be prescribed by the municipality imposing the tax. 4 (b) Every employer required to deduct and withhold a tax under b this section shall file a return and pay over the tax in the manner and f b. at the times prescribed by the municipality. 7 (c) Every employer required to deduct and withhold a tax under 8 this section from the wages of an employee shall furnish to each em- ployee on or be'ore February 1 of each year a statement prescribed by to the municipality setting out .the total amount of wages paid by the •11 employer to the employee, the amount of wages earned within the munici- 12 pality, the amount of tax deducted and withheld, and other information 13 the municipality may require. •14 See. 29.53.540. REPUNDS. A municipality may refund overpayment of 15 tax, taxes erroneously or illegally assessed or collected, penalties .16 collected without authority, and taxes that are found unjustly assessed 17 or. excessive in amount, or otherwise wrongfully collected. I8 Sec. 29.53.550. APPEAL$. (a) A person aggrieved by the action of 19 a muniolpality in fixing the amount of tax or imposing a penalty may ZO appeal to the municipality. The municipality shall provide the proce- 21 I _ dare for appeals including the time in which appeals may be taken, 22 notice, hearing and decision. 231 (b) Within 30 days after a decision by the municipality after 24 a hearing, a person aggrieved by the decision may appeal to the superior 25 court. ..26 • Sec. 29.53.560. PENALTY AND INTEREST. (a) If an employer or 27 employee fails to file a return or pay a tax on the date required by the .26 municipality, a penalty shall be added to the tax not to exceed five per 29 c6ht of the tax for each month or fraction of the month during which the ----3- CSHB 478 -' •' i In failure continues. The penalty may not exceed 25 per cent In the 2 3 W When the tax levied becomes delinquent, It bears Interest at 4 the rate of eight per cent a year. 5 See. 29-53-570. LIEN. (a) If a person who is liable to pay a tax 6 neglects or refuses to pay the tax after demand, the amount (including penalty and Interest) is a lien in favor of �;he municipality upon all 6 property, and rights to property, real or personal, belonging to the person. W The lien.arises at the time of delinquency and continues until tt the liability for the amount Is satisfied or the lien Is foreclosed. 1� 12 See. 29.53.580. PRIORITY AND ENFORCEMENT OF TAX LIENS. The 13 priority of and the procedures for enforcement of tax liens set out In 14 AS 43.20.240 - 43.20.270 apply to taxes levied under see. 500 of this chapter except enforcement is by the municipality. See. 29.53.590. DEFINITIONS. In this chapter: 17 (1) "employee" means those employees defined In see. 3401 of the United States Internal Revenue Code as that definition exists on the 19 effective date of this Act; 20 (2) "employer" means those employers defined in see. 3401 of 21 the United States Internal Revenue Code as that definition exists on the 22 effective date of this Act; 23 • (3) "wages" means those wages defined In see. 3401 of the 24 United States Internal Revenue'Code as that definition exists on the 25 effective dente of this Act. See. 2. AS 43.20.290 is amended to read: 21 Sea. 43.20.290. EXCLUSIVE STATE AUTHORITY. Ft-cept as provided in 28 AS 29.53.470 - 29-53-590, no EN03 tax may be levied and collected upon 29 the net income of resident or nonresident individuals by a general law CSHB 478 -4- In i WORK DRAFT COPY WORK DRAFT COPY WORK DRAFT COPY V • 1 city'or by a home rule city or any other political subdivision of the 2 ° state. 3_ * Sec. 3. AS 29.53.050 is amended to read: _ 4. See. 29.53.050. TAX =41TATION. No municipality may levy and S tax for any purpose in excess of three per cent of the assessed valua- tion of property within the municipality in any one year. A munici- pality which levies an income tax or a wage tax may not use proceeds of 9 the general property tax 9 (1) for education during the first fiscal year following 10 adoption of a municipal income tax or wage tax; 11 - (2) for education, transportation systems. health services `12 and hospital facilities, libraries or recreation facilities during the 13. second fiscal year following adoption of a municipal income tax or wage �. .14 tax., iS • (3) for any of the purposes listed In (2) of this section or for any other purposes not specified by the governing body of the, municipality by ordinance as'being directly related to protection or IB : regulation of property or property values after the expiration of the 19 ; second fiscal year following adoption of a municipal income tax or wage 20i tax; if the governing body determines a purpose is only so related in 21 i part, it may determine in the ordinance a percentage of the cost which 22 may be borne by general property tax. 23 * Seo. 4. A3 43.70.030(a) Is amended to read: 24 (a) The license fee for each business is -$25 plus a sum equal to 25 one-fourth [ONE-HALF] of one per cent of the gross receipts in excess of 2e 820,000 from the business during the year for which the license is issued 27 Until Zranuary 1. 1977 and the* after at a rate of one-eighth of,2ag„Rpt 28 cent [, EXCEPT THAT ALL GROSS VOLUME IN EXCESS OF $100,000 A YEAR IS 29 • TAXED AT THE RATE OF ONE-QUARTER OF ONE PER CENT]. The annual license -5- CSHB 478 V s _•_-±•' � I I it �I J• • -i • 1; fee paid by a professional person to his professional board shall be 2; credited against the initial fee required under this chapter. t 3. 0 Sec. 5. AS 43.70 is repealed. f 4 • Sec. 6. Section 5 of this Act takes effect January 1, 1979• s; • Sec. 8. Sections 1, 2, 3 and 4 of this Act takes effect- immediately 1" 6Ln ; accordance with AS 01.10.070(0. 7' ! 9I 101 12:. 2 . 13 �. .14 - _ 16. 18 20 } �.3 21 _ 22 �23 24 25 26 27 ` 28 29 - :SHS 478 s ' t -...___... .. I_L...,, ..e .f'd ;•-.1-�_-- Wit;...' •- _.. {(i. .. 1 _—, -�--ate, h+Pail�lZd fff f LLl�llli� •• h CITY OP YXNAI Y.enai, Alaska IMPROVEMENTS TO WATER SUPPLY AND DISTRIBUTION SYSTEM 1974 BASIC BID SU1-/TN4ARY Sub -Total Page BQ I $ 297,107.38 Sub -Total Page BQ 2 $ 59.684.00 Sub -Total Page BQ 3 $ 99860.00 Sub -Total Page BQ 4 $ '184°104.50 - Sub -Total Page BQ 5 $ xrtj2&5, nn TOTAL BASIC BID , (Grand Total) $ 4201600.88 Note: To City Manager, City Council t The only condition Brown Construction Co. Inc. will accept this contract is that all material that is accepted and passed s by the Engineer and delivered on the job site or any designated warehouse, be paid 9514 upon invoicing the City of Kenai within d 15 days from the date of invoicing.. Bidder 8ROt1N CONSTRUCT OiV CO. NO. - - -- Signature Title President 1 Date October 4, 9971 BS 1 - .J i� a r ; uw �iunl drn��— KEMAI CEitTRAL HIGH SCHOOL FACULTY SENATE RE-SOLUTIif'J' 75-1 WHEREAS: 3uilding conditions at Kenai Central High School inevitably result in/cause traffic hazards; and, WHEREAS: The present condition of the Kenai Central High School parking/driving areas could result in human and/or property � damages; and, WHEREAS: The Kenai Central High School parking lot and traffic gays fall within the boundaries of the city of Kenai; •Be i resolved by the Kenai Central High School Faculty Senate that this a formai petition be passed and presented to the Kenai City Council requesting appropriate action be taken; TO WIT: (1) The Kenai City Council pass a city ordinance establishing a reasonable speed limit in the Kenai Central High School parking lot and driveways. (2) The Kenai City Maintenance Department be directed to post the*speed limit inconspicuous places in the parking lot and dri vew+ways. _ (3) The Kenai City Council pass a city ordinance specifying ° illegal driving practices within the school boundaries. (4)• The Kenai City Police Department set up a flexible -- = visitation schedule to enforce the posted ordinances. Dated % — / 7 — 7 S Si gned IS:&Y J s Bishop, man Kena igh School Faculty Senate 4 771 5<r n _�r III I I Owl —Ll (�I al ■1 uh(II III I.I IIS I.I II � o Fi�QY �s � ✓70. �i�8 '1� WNW&,.dA 99687 ' CERTIFICATE OF AUTHENTICITY . THIS IS TO CERTIFY THAT THE MICROPHOTOGRAPHIC IMAGES APPEARING ON THIS ROLL OF MICROFILM ARE ACCURATE REPRODUCTIONS OF THE RECORDS OF THE CITY OF KENAI AND WERE HICROFILME') IN THE REGULAR COURSE OF BUSINESS PURSUANT TO ESTABLISHED ROUTINE COMPANY POLICY FOR'SYSTEMS UTILIZATION AND ARE ya..:.: FOR THE MAINTENANCE AND PRESER:-iiON OF SUCH RECORDS THROUGH THE STORAGE --- - OF SUCH MICROFILMS IN PROTECTED LOCATIONS. IT IS FURTHER CERTIFIED THAT THE PHOTOGRAPHIC PROCESSES USED FOR MICRO- -- : FILMING OF THE ABOVE RECORDS WERE ACCOMPLISHED IN A MANNER AND ON MICRO- =- - FILM WHICH MEETS THE RECOMMENDED REQUIREMENTS OF THE NATIONAL BUREAU ' = OF STANDARDS FOR PERMANENT MICROPHOTOGRAPHIC REPRODUCTIONS. . ' ' CERTIFIED BY: DATE: 67.403^ _ I LYNDA RICHARDS MICROFILM MANAGEMENT SYSTEMS i n.. e'er• � --.— --' r •, s; a 1 'I } ILLEGIBILITY OF SOME OF THESE DOCUMENTS IS DUE TO THE POOR QUALITY OF THE ORIGINAL. THE FAULT DOES NOT LIE WITH THE CAMERA OR ITS OPERATOR. I CITY OF KENAI DATE: D7-03 • �L END THE MICROPHOTOGRAPHIC IMAGES APPEARING IN THIS ROLL or MICROFILM ENDING WITH$ ff' /' L[nGi � C} .0 F RECORD FILE NO:-- p -1 ARE ACCURATE REPRODUCTIONS OF THE RHCORDS OF THE CITY OF KENAI. DEPTt- ROLL FILMED BY:j"M No.�Aif!�tFri/w� /1�i1iLICiW isf �. .y � a I certify that the original camera negative microfilm images contained on this roll back to the initial target, are direct and facsimile repro- ductions of the original documents. All documents have been filmed com- plete in their entirety. I certify to the above to the best of my knowledge and belief. CERTIFIED BY$DATE:� 9_03. SG J et Whelan, City Clerk 1 IMPROVEMENTS ,TO WATER SUPPLY AND DISTRIBUTION SYSTEM k 1974 , ' CITY OF KENAI OWNER Item Estimated Work Description Unit Bid Total Bid No. Quantity (Unit Bid Price in Words) Price Price 1 1 Modify Well No. 1 Ea ch Twenty-five thousand dollars oniy------------------------- 25,000.00 25,000.00 Per Fra ch 2 1 Construct Well No. 2 = Each Two hundred tat£• -•-fi oto thnun- and three hunt i -ed twenty-two dollars onl.y----------------- ?22,322900 Per Ea ch ?2213" -'?.00 3 557 Trench Excavation and Backfill, ;. L. F. 0 - 8' Depth 10.00 ` Ter.. dollars on1v--•--------- Per Linear Foot 5 0 00 .. 5'7 . 4 3,586 Trench Excavation and Backfill, ' L.F. 8 - 10' Depth Twelve dollars and thirty - 12 -33 _ three cents -_---__------_-- - -- - Per Linear Foot 44,215.38 Sub -Total r This Page Only '4297.109.18 Q Contractor, �• , + tt0,� rr r0 . X►+TC:, ' moi.-.✓ {1 By i � ��/ �, ' . , BQ 1 . i I { W 1+ 1. t This Page Only $ 5916m.00 {{� Contractor ,rAR01M COITSTRWUTION CO. INC. BY �' �,"✓ BQ 2 M IMPROVEMENTS TO , WATER SUPPLY AND DISTRIBUTION SYSTEM 1974 � CITY OF KENAI i OWNER , Item Estimated Work Description Unit Bid Total Bid No. Quantity (Unit Bid Price in Words) Price Price S 90 Trench bwavation and Backfill L. F. 10 - 12' Depth . Seven dollars only --------- 7.00 630.00 Per Linear Foot 6 4,141 Furnish and Install 12" Class 200 � L. F. Asbestos -Cement Water Main Fourteen dollars only 14.00 57,974.00 i t • s ` .. Per Linear Foot 1 ' 7 2 Furnish and Install 6" Class 3' L. F. Ductile -iron . Flanged joint Water NSna hundred fifty dollars 150.00 300.00 k onlv ----------------------- # Per Linear Foot ;_...:: 8 13 Furnish and Install 8" Class 3 L. F. Ductile -iron Flanged joint Water Main i 60.00 780.00 - b xsy aoilars only--------- --; -- Per Linear Foot t This Page Only $ 5916m.00 {{� Contractor ,rAR01M COITSTRWUTION CO. INC. BY �' �,"✓ BQ 2 M .._...,fig IMPROVEMENTS TO WATF.It SUPPLY AND DISTRIBUTION SYSTEM i 1974 CITY OF KENAI OWNER Item Estimated Work Description Unit Did Total Bid • No. Quantity (Unit Bid Price in Words) Price Price 9 48 Furnish and Install 10" Class 4 L. F. Ductile -iron Restrained joint Water Main Seventy dollars on1v--------- 70.00 33,360.0 Per Linear Foot 10 1 Furnish and Install 12" Valve ' Each Assembly Thirteen hundred do1_lars = . on1v----------------------- 1000.00 19300.00 - Per Each 11 2 Furnish and Install Fire Hydrant Each Assembly _Qne tYhnusantd three fiftt dollars only--------- 1050.00 2,7OO.00 Per Each A 12 1 Make Connection To Existing Water Each System ' - Two thousand five hundred `4 aoltarEs only -------------- 2,500.00 2,500.00 Per Each ,. Sub -Total ' This Page Only 0 f Contractor /B Otfir CORATRUCTION CO. INC. BY BQ 3 1 t r E � �xi+�YG h�t� c7`v� rI rtrs •. i ' IMPROVE N111:NTS TO WATER SUPPLY AND DISTRIBUTION SYSTE14 a 1974 CITY Of KENAI OXVNER Item Estimated 'Work l) -ascription Unit Biel Total laid No. Quantity (Unit Bid Price in Words) Price Price �.., 13 2.0 Clear Right -of -Way and Dispose Acres of Resulting Debris One thousand dollars only--- 11040.40 21040.0:. Per Acre r 14 2,643 Excavate, Haul and Dispose of C.Y. Unsuitable Material Tato dollars only ------------ 2,40 ' - � ` • 5, 286.00 ; Per Cubic Yard t .1 15 3,848 Excavate, Haul, Backfill, Grade, C.Y. and Compact Pit Run Sand From � Owner's Borrow Pit Two dollars and fifty cents-- 2.50 • 9,620.4C: s Per Cubic Yard 16 327 furnish, Haul, Spread, Grade and # C.Y. Compact Gravel Road Surfacing Five dollars and fifty cents j oPtv------------------------ 5.50 Per Cubic Yard 1979$.50 Sub -Total This Page Only '1$,70.50 • Contractor BR%11'I CONSTRUCTION CO. INC. BY SQ 4 ti I Sub -Total This Page Only $ 35,245.00 Contra ctor I3R0�::l, COIISTRUP,: NCO. iidC . BY i gQ s II I I IMPROVEMENTS TO WATER SUPPLY AND DISTR.[ 11UTION SYSTEM 1914 CITY OF KENAI OWNER Item Estimated. Work Description Unit Bid Tota 1, Bid No. Quantity (Unit Bid Price in Words) Price Price 17 64 Furnish and Install 24" x 14 Gage L.F. Corrugated Netal Pipe Culvert Sixty dollars only-----______ 60.00 3,840.00 Per Linear toot ' 18 3 Furnish and Install 24" Corrugated Each Metal Pipe Culvert End Sections = Eighty five dollars only----- 85.00 255.00 ! Per Each 19 1 Construct rest Well No. 5 Each Thirty-one thousand one hundred fifty dollars and no cents-------------------- 3.19150.00 Per Each 319150.00 Sub -Total This Page Only $ 35,245.00 Contra ctor I3R0�::l, COIISTRUP,: NCO. iidC . BY i gQ s !`� • ! IIS .�nll. -• b - ..._ I.I. .. - - .S RESOLUTION 75-06 BE IT RESOLVED by the Council of the City of Kenai that: The City Council strongly supports the passage of Proposition No. 1, providing for the issuance of bonds for the addition to the Kenai Central High School and the Council hereby urges the voters of the Kenai Peninsula to cast their ballots in favor of such proposition. Passed this �9 � day of February, 1975. I S A. EL ON, MAYOR) ATTEST: i t aron oosli,City ler& t .i ; 4 c i 1 i ... - CITY OF KENAI - WORK PROJECTS (As of 2-18-75 ) PUBLIC WORKS STATUS _ I. Boat Harbor development Master Plan required; engineering firms to contacted for alter- natives. ... 2. Fort Kenay restoration Part of Bicentennial package 3.• Airport control lighting Contract awarded 4. Paint water markers, barri- Underway cades, vehicles S. Repair hockey rink z Complete 6. Maintenance Program Outline and complete maintenance program for all facilities. Work 7. Foot bridge; at beach started. Permanent replacement being con- structed; weather hindering efforts. ; 8. Clean Sewer Lines Scheduled for Spring. 9. Develop and update Capital Improvement Plan Underway j 10. Construct new water well In design (revised) ' 11. Expansion of float plane basin Under evaluation by FAA . 12. Repair Water Storage Reservoir Pump house complete; reservoir - repairs repairs in summer. PUBLIC SAFETY STATUS 1. Tanker trucks Truck in transit i - 2. Emergency Medical Training On-going 1 3. Better utilization of Communica- Negotiating is underway; alternatives tions Center being explored. 4. Establishment of BLM operation BLM decision to retain Soldotna Center " in Kenai S. Establishment of Auxiliary Fire First meeting on Feb. 21st. - Company 1 . i f:. .2 - ADMINISTRATIVE 2 - ADMINISTRATIVE STATUS 1. Recruit for Public Works Director/ Completed Engineer 2. Use Plan for FAA housing area Disposal approved; sane to be scheduled. 3. Zoning Ordinance; non -conforming Borough delegated planning uses powers to Kenai. 4. Library construction Schematics nearly complete. S. Review salary schedules and -Included in Civil Service• - fringe benefits Commission study. 5. Street naming and house numbering Street naming has been completed. Order signs and install in 1975. 7. Ordinance for boat storage and Referred to City Attorney. A berthing S. Condemnation of old buildings Fire Department to burn as training • City Attorney checking 0 others, 9. Ordinance pertaining to Parks Usage No action 10. Review and revise Personnel Regu- To be revised in connection with li lations Civil Service Comm. study. ' — 11. Finance Administration Ordinance Underway; work halted until appointment of new Finance Director. 12. Close out remaining grant projects Complete except for Municipal Ball Park and a couple of W -S projects. ' 13. Funding for Civic Center Deferred. =.: 14. Review leases and rate schedules Completed. • 3.. f E 15. Land promotion Hold sale in cooperation with State & Borough. 16. Prepare Capital Improvements Agency personnel contacted; City Program and submit application Engineer on staff will expedite. for funding of projects scheduled for 1975 „ 17. Acquisition of gravel, sources Underway 18. Records Management Program .File revision underway 19. Tighten controls on Airport Increased revenues being collected Regulations to increase revenues from landing fees. 20. National Flood Insurance Program Application prepared. 21. Develop Employee Handbook, Completion of Civil Service Comm. - study required. p1Ip111111111Vllllll III HIII I- • IJ I .I III 111 I CITY OF KENAI WORK PROJECTS COMPLETED PUBLIC WORKS 1. Fill water reservoir 2. Sign for Terminal Building at Municipal Airport 3. Transient aircraft tie -down 4. Winterize City equipment r 1 S. Sludge removal project 6. Waukesha engines at Treatment Plant - repair completed T. Fire reservoir pump house and equipment repair 8. Remove boat harbor floats 9. Timing of sewage lift stations 14. Warm storage - 11. Water -sewer hookups and sewer repair in Davidson -Cone Subdivision PUBLIC SAFETY ► n . - 1. Fire School 2. Fire inspection of City property ' .. S. Recruit for Fire Chief . u. Security lighting at Public Safety Building S. Flags on fire hydrants to warn equipment operators �.1 ADMINISTRATIVE 7.1. Citizen's Complaint Forms I _ t , 1 } �r I; 1 II �. -a i t 0. 1 CITY OF KENAI WORK PROJECTS DEFERRED UNTIL 1975 PUBLIC WORKS STATUS 0 1. Beaver Creek Park Ready for seeding 2. Birch Drive Park Ready for seeding 3. Paving for Terminal Loop and Main Under evaluation by FAA - Street Limp Spring construction -� j4. Install street signs and utility markers Erect in Spring; paint, repair, ! etc, In winter S. Public Safety Building Ready for seeding and landscaping - Spring 46. Repairs to Airport Parking Lot Spring 1975 f 7. Clean sewer lines Spring 1975 J S. Repair cracks at airport Spring 0 9. Paint line designating ramp area, gas pit, .. Deterred 1975 and helicopter landing J10. Boat ramp access road 90% completed; deferred 1975 PUBLIC SAFETY STATUS - !. Paint Fire Hydrants Deferred 1975 } t I s February 14, 1975 Mr. Gordon Tibbets Post Office Box 1378 Kenai, Alaska 99611 Dear Mr. Tibbets: Your operation of a garage on Forest Drive is not within the list of permitted uses for a Suburban Residential zone. Continued operation is in violation of KPC 20.30.080, sub -paragraph 2. By the authority granted to me in KPC 20.30.200 and upon instructions from the Kenai City Council, you are hereby ordered to discontinue the illegal use immediately. Continued violation of this order will result in a fine of $100 per day.for every day of non-compliance. If you have any questions regarding your right to appeal, you may contact either myself or the Kenai City Attorney. truly yours, Roland D. Lynn City Manager RDL:sp CC: Members, Kenai City Council Members, Kenai Planning $ Zoning Commission Borough Mayor Stan Thompson r O, _ MEMORANDUM TO: Mayor F City Council FROM: Roland D. Lynn, City Manager DATE: February 7, 1975 SUBJECT: BUREAU OF LAND MANAGEMENT LOCATION OF THEIR FIRE ACTIVITIES ON THE KENAI PENINSULA During a recent conversation with an official of the Bureau of Land Management I learned that they had tentatively decided to keep their operation in Soldotna. Evidently, Soldotna has offered to build a dormitory and office building for the Bureau of Land Management; this was the determining factor. Although I would like to have seen the Bureau of Land Management relocate in Kenai, I am certain that the Council's decision to stay out of the home rental business was correct. RDL:sp oiand Y. Lynn, Cit,�i snag,, V i P r Q; o Q M 00 00 a o .a CQ . 0 cud z W W MEMORANDUM TO: Mayor 4 City Council FROM: Roland D. Lynn, City Manager DATE: February 10, 197S SUBJECT: BOROUGH METHOD OF APPRAISING THE LEASE HOLD INTEREST ON CITY OWNED LAND At the Council meeting on the Sth, question was raised as to whether or not the Borough taxes on the lease hold interest of tenants who are leasing City owned land. I checked with the Borough Assessor on this matter and he explained the Borough's method for determining value for tax purposes. The Borough determines the value by taking the annual rental received from a piece of land and then multiplies by 10 percent. For example, if $1,000 a year is paid for rent on a piece of land, the Borough appraises the lease hold valu6 of the land as $100. The tax rate is then applied, on that $100 and with our current tax rate the amount of taxes paid would be $1.2S per year. As you can see, it is extremely important that the City make certain that the rental rates received are fair and up-to-date. I also believe that it is important that we notify our Borough Assemblymen and ask them to have the Borough Assessor report on alternate methods of determining the lease hold value of municipally owned properties. A $1.2S a year certainly doesn't cover the cost of police, fire protection, snow removal, etc. RDL:sp o and I �yR.tZVer T ooeeoeo r -JUEAGISLATIVE ACTION "YOUR MUNICIPALITY HAS A BRANCH OFFICE IN THE CAPITAL" LEGISLATIVE BULLETI14 ;3 February 10, 1975 INDEX Bulletin Rederence General Comments 1 Legislative Committees 1-2 Legislative Telephone Listings 1 House Bills IiB 1 Port Study Commission 1-2-3 HS 3 Land Dedication 1-1-3 HB 15 Fire Protection Aid P,esistance 1--2-3 HB 16 Fire Protection Aid 1•-2-3 HS 19 Telephone Utilities 1-2-3 FIB 21 Mass Transit Facilities Aid 1-2-3 HB 23 Housing Development Assistance 1-2-3 FIB 25 Regional Fire Training Centers 1-2-3 HS 26 Regional Rlectfic Authorities 1-2-3 HS 29 School Oil Tax 1--2-3 HS 33 State Port Commission 1-2-3 HB 39 IRA Corporations 1-2-3 HB 47 Revenue Sharing Formula 1-2-3 HS 49 Borough Corporation 1-2-3 HS 55 Bond Requirements 1-2-3 FIB 65 Property Assessment 2-3 HB 67 PSFP 2-3 US 72 Municipal Bond Bank Authority 2-3 HS 73 Bond Authority Appropriation 2-3 ILS 85 Property Tax Exemption 2-3 FIB 88 Vehicle Disposal 2-3 IiB 100 Orgafiizational Grants 2-3 HB 102 Oil Property Tax 3 HS 109 Supplemental Organizational Grant 3 ITS 110 Boundary Commission Study 3 FIS 113 noise Pollution Control 3 HS 127 Oil Property Tax 3 Senate Bills SB til Land Classification 1-2-3 SB :.17 State Financed Public Schools 1-2-3 S33 19 Water and Sevier Loans 1-2-3 SB 22 Water and Sewer Appropriation 1-2-3 SB 24 Community Health Services 1-2-3 SB 29 Dual Of£iceholding 1-�2-3 SB 37 Utility Development Loans Appropriation 1-2-3 SB 38 Utility Development Loans 1-2-3 SB 40 Fire Protection Aid 1-2-3 W&PAS"m IN , SB 43 Fire Protection Aid Restriction SB 54 Health Services Facilities SB 84 Organizational Grants SB 90 State Equipment Transfer SB 94 P S F P SB 97 Municipal Bond Bank. Authority SB 101 Organizational Grants SB 102 Boundary Commission Study SB 103 Oil Property Tax SB 105 Optional Basic Grants SB 109 Pollution Equipment Exemption SB 110 Property Assessments SB 111 Supplemental Organizational Grants SB 112 Boundary Commission Study SB 116 Public Utility Loan Fund SB 118 Borough School Districts SB 120 Day Care Facilities SB -121 Day Care Appropriation SB 125 Ordinance Compliance SB 127 Municipal Special Assissments SB 130 Alcoholic Rehabilitation Aid SB 136 Local Government Commission 1--2-3 1-2-3 3 2-3 2-3 2-3 2-3 2-3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 r. k • Page 1 HOUSE BILLS HD 1 Port Study Commission - Has received no further action in the State Affairs Committee. OB 3 Land Dedication - Has received no further action in the CRA Committee. HB 15 Fire Protection Aid Restriction - Has received no further action in the CRR Committee. HB 16 Fire Protection Aid - Has received no further action in the CRA Committee. HB 19 Telephone Utilities - Has received no further action in the Commerce Committee. HS 21 Mass Transit Facilities Aid - Has received no further action in the CRA Committee. HB 23 Housing Development Assistance - Has received no further action in the CRA Committee. HB 25 Regional Fire Training Centers - Has received no further act- ion in the State Affairs Committee. HB 26 Regional Electric Authorities - Has received no further act- ion in the Commerce Committee. HB 29 School Oil Tax - Has received no further action in the HESS Committee. HB 33 State Port Commission - Has received no further action in the State Affairs Committed. HB 39 IRA Corporations - Has received no further action in the CRA Committee. HB 47 revenue Sharing Formula - A subcommittee consisting of Rep- resentatives.Cotten, Freeman, and Davis has boon appointed to study all aspects of revenue sharing. The bill itself has received no further action in the CRA Committee. HS 49 Borough Corporation - Has received no further action in the CRA Committee. HB 55 Bonn Requirements - Has received no further action in the Judiciary Committee. 0 Page 2 • r HB 64 Retirement Program - Has received no further action in the CRA Committee. HB 67 PSFP - TMS bill has received a "do pass" recommendation from the HESS Committee and has been referred to the Finance Committee. HB 72 Municipal Bond Bank Authority - Has received no further action in the CRA Committoe. HB 73 Bond Authority Appropriation - Has received no further action in.thc CRA Committee. HB 85 Property Tax Exemption - Has received no further action in the CRA Committee. HB 88 Vehicle Disposal -- Has received no further action in the CRA Committee. H8100 Organizational Grants - Has received no further action in, the CRA Committee. HB102 Oil Property Tax - Introduced by Brown and 8 others, this bill lavios a state property tax of 20 mills on oil in place. The bill has been referred to the Resources and Finance Committees. HB109 Supplemental Organizational Grant - Introduced by Cotten, Bradley, Kelley and Sullivan, this bill provides for a supplemental appropriation of $50,000.00 to the Eagle River- Chugick Borough. The bill has received a "do pass" recom- mendation from the CRA Committee and has boon referred to the Finance Committco. HB110 Boundary Commispion Study - Introduced by Cotten, Bradley, Kelley, and Sullivan, this bill provides for a $25,000.00 w appropriation to assist the Local Boundary Commission in ascestainment, audit and subeequent division of assets and liabilities between the Greater Anchorage Area Borough and the raglo Rivor-Chugiak Borough. The bill has been referred to tho CRA and Finance Committees. HB113 Noisa Pollution Control - Introduced by Fink, this bill as- tablishes the 'Noiso Pollution Control Council to assist the �+ Department of Environmental Conservation in forming regulations to control noise pollution. .Local regulations must be more strongent than those of the state or they will be superseded �= by state regulations. The bill has been referred to the HESS and Judicial Committees. I t ,E i .0 €i 9� 7 t . W *Page 3 HB127 Oil Property Tax - Introduced by Pink, this bill makes refineries and refining equipment subject to the state property tax. The bill has been referred to the CRA and Finance Committees. SENATE BILLS SO 14 Land Classification - Has received no further action in the Resources Committee. SB 17 State Financed Public Schools - Has received .no further action in the HESS Committee. SB 19 Water and Sower Loans - Has received no further action in the Resources Committee. SB 22 Water and Sewer Appropriation - Has received no further action in -the Resource Committee. SO 24 Community dental Health Services - Has received no further action in the HESS Committee. SB 29 Dual Officoholding - This bill passed the House, 2/5/75, 36-0 and has boon returned to the Senate. Before passage the bill was amended to read that either a city or borough manager can hold a dual position. SB 37 Utility Development Loans Appropriation - Has received no further action in the Commerce Committee. SB 40 Fire Protection Aid - Has received no further action in the CRA Committee. SB 43 Piro Protection Aid lostriction - Has received no further action in'tho CRA Committee. SO 54 Health Services Facilities - Has received no further action in the HESS Committee, SO 84 Organizational Grants - Introduced by Willis and Hohman, this bill raises the organizational grant from $25,000.00 to $75,000.00. it also provides for the state to assume 75% of the costs of planning, zoning, property tax appraisal 4 t and assessment during the first year after incorporation. The bill has been referred to the CRA and Finance Committees. SB 90 State Equipment Transfer - Has received no further action in the CRA Committee. SO 94 P S P P - Has received no further action in the HESS Committee. in In Page h SB 97 Municipal Bond Bank Authority - Has received no further action in the: CRA Committee. SB101 Organizational Grants - Has received no further action in the CRA Committee. SB102 Boundary Commission Study - This bill has received a "do Pass" recommendation from the CRA Committee and has been referred to the Finance Committee. SB103 Oil Property Taut - Introduced by Huber and Hohman, this bill is identical to IIB 102 - 20 mil tax on oil in place. The bill has been referred to the Resources and Finance Committocs. SB105 Optional Basic Grants - Introduced by Ferguson, IIohman, and Sackett, this bill establishes an optional basic grant program as an alternative method of receiving -municipal services shared revenue payments. The plan allows lot and 2nd class cities to elect to receive $10,000.00 plus $27.00 per capita in liou of the present shared revenue. The bill has been referred to the CRA and Finance Committees. SB109 Pollution Equipment Exemption - Introduced by Collotta and Ziegler, this bill provides that property, equipment or devices used in the control, abatement, or prevention of air or water pollution are exempt from property tax for a per- iod of seven years. The bill has been referred to the CRA - Committee. SB110 Propefty Assessments - Introduced by, Rodov, Croft, and Iiuber, this bill is identical to HB 65. See Bulietin 42, page 2. The bill has been referred to the CRA Committee. uwi.uiu. j -ii a iui u SI3111 Supplemental Organizational Grant - Introduced by Willis and Bradley, this bili is identical to IIB 109- $50,000.00 supplemental grant to Eagle River - Chugiak Borough. The bill has received a "do pass" recommendation from the CRA Committee and has been referred to the Finance Committee. SB112 Boundary Commission Study - Introduced by Willis and Bradley, this bill is identical to HB110-$25,000.00 for Local Boundary Commission study. The bill has received a "do pass" recom- mendation from the CRA Committee and has been referred to ' - -- the Finance Committee. ',---. SB116 Public Utility Loan Fund - Introduced by Rader, this bill establishes the Public Utility Loan Fund in the Department of Commerce to make available to public utilities loans not to exceed 30 years at an interest rate not to exceod•8%. The bill has boon referred to the Commerce and Finance Committees. t � 11 F7_ Page 5 SS118 Borough School Districts - Introduced by the FESS Committee, this bill provides that interest on all school money invested by the borough shall appear in the budget and credited to the school district as school district revenue. School district budgets must be submitted in a format proscribed by the Department of Education. The bill also makes the school board responsible for design of school building including access roads, utilities and other auxiliary features. The assembly may, by ordinance, delegate to the borough admin- istrator the responsibility for major rehabilitation and construction of school buildings. The bill has been referred to the HSSS and Finance Committees. SB120 Day Care Facilities - Introduced by Ray and 7 others, this bill establishes a program within the n-cpartment of Commun- ity and Regional Affairs to aid low income families in pro- viding adequate day care facilities for their children. The bill has been referred to the CRA and Finance Committees. SB121 Day Caro appropriation - Introduced by Ray and 7 others, this bill appropriates $1,200,000.00 to fund the provisions of SB 120. The bill has been referred to the CRA and Finance Committees. SB125 Ordinance Compliance - Introduced by Roday and Croft, this bill provides that the state must comply with local planning and zoning ordinances. If the state can clearly demonstrate an overriding interest, the Governor can grant a waiver of compliance. The bill also provides that no agency of the state or municipality may acquire property within the municipality which results in a boundary change without obtaining preliminary approval of a replat showing the proposed public streets, casements, rights-of-way and other taking of private property. The bill has been referred to the CRA Committee. SB126 Municipal Tax Assessment - Introduced by 7ioglar, this bill prohibits an assessor from obtaining, without permission, evidence of the specific price paid for the property by the record owner or other person having an interest in the pro- porty. The bill has been referred to the CRA Committee. SB127 Municipal Special Assessments -- Introduced by Ray and 10 others, this bill exempts real property owned and occupied by a resident 65 years of ago or over, on which is located his parmanont place of abode, from special sower assessments. Tho bill has been referred to the CRA Committee. i - F -71. Page 6 S8130 alcoholic Rehabilitation Aid - Introduced by Sackett, Croft,• and Hohman, this bill increases state grants from 750 to 900 for providing staff and from 25% to 90t for providing improvement, renovation or now construction for alcoholic detoxification, rehabilitation or "half -way house" care. The bill has been referred to the HESS Committee. SB136 Local Government Commission - Introduced by the HESS Committee, this bill establishes the Local Government Commission in the office of the Governor to study the division of tho un- organized boroughinto smaller administrative units. The commission is composed of the Commissioner of Community and Regional Affairs; Commissioner of Education; Chairperson of the Local Boundary Commission; member of the Senate; member of the House; two citizens. The. study will last for two years. The bill has boon rofe-rrod to tho CRA and Finance Committees. ------ - -- -- - ---- Page 6 S8130 alcoholic Rehabilitation Aid - Introduced by Sackett, Croft,• and Hohman, this bill increases state grants from 750 to 900 for providing staff and from 25% to 90t for providing improvement, renovation or now construction for alcoholic detoxification, rehabilitation or "half -way house" care. The bill has been referred to the HESS Committee. SB136 Local Government Commission - Introduced by the HESS Committee, this bill establishes the Local Government Commission in the office of the Governor to study the division of tho un- organized boroughinto smaller administrative units. The commission is composed of the Commissioner of Community and Regional Affairs; Commissioner of Education; Chairperson of the Local Boundary Commission; member of the Senate; member of the House; two citizens. The. study will last for two years. The bill has boon rofe-rrod to tho CRA and Finance Committees. ------ - -- -- - ---- 0 sec. 1-18 Vot lection 1-18. (a) The presiding officer shall declare all votes; but,if any member doubts a vote, the presiding officer, without further debate upon the question, shall request the members voting in the affirma- tive and negative respectively to indicate by show of hands, and he shall declare the result. `(b) In all meetings of the city council, the vote shall be taken by yeas and nays on the passage of all ordinances, resolutions, and authori- sations for the payment of money, and on the passage of any motion, order, .�gamud.nvr resolution when called for by any m ober of the council, and such yea vote of each member shall be permanently entered on the record of proceedings of the council by the city clerk. Other votes maybe by voice or show of hands. (a)' No meatier shall vote on any question in which he is pecuniarily Interested directly or indirectly and in which his vote may be decisive, except as herein set forth. Should any member desire or -intend to have business dealings with the city whereby he may derive income and benefits other than those provided as remuneration for hle official duties, he shell file with the city clerk, in such form as the clerk may prescribe, a state- ment under oath which shall include the nature of the proposed transaction and the extent of the interest, direct or indirect, which said -officer or employee has in said transaction. The city clerk shall -publish a copy of such statement in a newspaper of the city qualified by law to publish legal notices if one is polished in the city and shall, in addition, post a copy of said statement on the council bulletin board. The cost of said publi- cation shell be borne by the member who desires to enter into the transaction, and the city clerk may require a deposit to insure payment thersof. ,The council shall take no action with rogard thereto until at least ten (10)• days shall, have elepued after the filing 'of' the statement by the member and until at least seven•(7) days shall have elapsed after the publishing and posting of said statement as required herein. (d) Every member who shall be present when a question is put,•wben . he is not disqualified by personal interest, shall vote, unless.the council for special reason excuses him. Applications to so excuse must be made before the vote; and shall be decided without debate. (e) Anything to the contrary in these rules notwithetanding, in all cases where an extraordinary majority is not required, and when no motion is before the council, the chairman may, in lieu of calling for or waiting A motion to be made, put the question in the following form: "Without objeation, it will be so ordered," If no objection is heard, he shall announce: "It is so ordered', which will have the came effect as if a motion to that effect had been made and voted upon favorably. If a single • objection is reasonably expressed when the question ie put, the chairman shall not proceed further under this rude, but instead shall call for a motion, which motion shall be handled in the regular manner. (Ord. 1, Sea- 20, 8-23-1960.) Roles of order -- Amendment -- Robert's Rules of Order -- suspension -- Call to order sectolon 1-19. (a) A proposed amendment to, or repel of, any rale in this article shall be submitted in writing as a nonemergency ordinance, and mar b( assed in the same manner as other nonemergency ordinances. (b; In all matters of parliamentary procedure not covered by these rules, Robert's Rules of Order as revised at the time of the passage of this .article shall be applicable and govern, - Page 1-7 - i al/wINI%t-i___ t MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor $ City Council Roland D. Lynn, City Manager February 10, 197S PROPERTY APPRAISALS During a recent conversation with the Borough Assessor, I learned that the approximate increase in appraisals within the City of Kenai amounts to slightly over 131 since the last appraisal four years ago. The 131 means that the assessed evaluation in the City has increased by approximately $6 million; at 125 mill tax rate this would only raise an additional $7S,000 in tax revenue. I believe the Council should request that the Assemblymen from our area work with Assemblymen from other cities and insist that the Borough re -appraise property on an annual basis.- Parti- cularly, at a time when property values are rapidly increasing. L troland fi. Lynn, ty Manager RDL:sp