HomeMy WebLinkAbout1975-08-06 Council PacketKenai City Council
Meeting
Packet
August 6, 1975
:. .. .a7. . r•:...s „ __ ' -- .r w« � .> ,s,�,... _ -. .,.. - .- _ - - . . ter. _ `. _�. �+��^. r----se..� .- --,...r--.« .- _ - - "
��,,�, J / 'J(V
COUNCIL MEL -TING OF /g %r
�t`' i! t 1 r i� J ;it' �14a ` /:l ` i "a �a� •. � % �A I�.w� �� r i t rt{��t�
MON
�r1■�ImPImdlLl�l@Imlme1171e1�
�p1C1Q1�1@IQ10101��mm■
t■■■■■��■0mtS10■�
- I
COUNCIL. MEETING OF
I
- -ISO
6
IN
MEMO
■=iii■■�ii�
MENii=i■iiiiiiiimmmmmommommommom
ME
6
A G E N D A
I
=
REGULAR MEETING, KENAI CITY COUNCIL
JULY 16, 1975 - 8:00 P.M.
--.
PUBLIC SAFETY BUILDING
PLEDGE OF ALLEGIANCE
-- .-
A.
ROLL CALL:
=
AGENDA APPROVAL
/
B.
PUBLIC HEARINGS:
`
1. Transfer of Beverage Dispensary license for Harbor View.
2. Ordinance No. 262-75 - Discharge of Firearms within City limits
,
ADJOURA'1tENT - BOARD OF ADJUSTMENT - GRAVEL PIT USE PERMITS
G -
C.
PERSONS PRESENT SCHEDULED TO BE HEARD:
1. Mr. Robert Bielefeld - Sand on Airport
2.
3. I
D.
MINUTES:
1. Minutes of the Regular Meeting of July 2, 1975
.
$.
CORRESPONDENCE
1.
' -
2.
I
F.
OLD BUSINESS:
�-
1. Resolution No. 7S-30- Intrafund Transfer - Delete
7
_
2. Resolution No. 75-31- Intrafund Transfer- Delete
3. Airport Lighting Control Panel Project
4. City owned building at refuse site
S. State Jail Contract
6. i
7.
G.
NEW BUSINESS:
1. Bills to be paid - bills to be ratified
2. Ordinance No. 268-7S - Itinerant Merchants
3. Payment to consulting engineer - Airport Fencing Project
4. Lease of City Owned Lands or Facilities - U. S. Dept. of Interior
1
S. Assignment of Lease from Go Machine Sales 6 Service to
I.;..
Brian L. and Nancy J. Peck
F
6. Lease of City Owned Lands or Facilities - American Legion
7. Lease of City Owned Lands or Facilities - Fine Arts Center
8. Acceptance of bid on FAA House No. 104 I
9. Bid on FAA House No. 103 - "Across the Counter" - Council approval
+
IL'
10. Payment to architect - Kenai Community Library Project
"
11. Special Use Permit - Katmai Motel
'.i.;
12. Awarding of Bid - Relocation of Kenai Communications Center
13. Awarding of Bid - Kenai Community Library Project
qv.
14.
`
IIS
1S.
H.
REPORTS:
I
tr
1. City Manager's Report
2. City Attorney's Report
3. Mayor's Report
1
4. City Clerk's Report
S. Finance Director's Report
- - --- - -
6. Planning b Zoning Commission's Report
1
__-
V�
7. Kenai Peninsula Borough Assembly's Report
I.
PERSONS PRESENT NOT SCHEDULED TO BE HEARD:
'-
2. f
I
�
r
, I
;n..
Ia
J
MINUTES - REGULAR MEETING
KENAI CITY COUNCIL
JULY 16, 1975 - 8:00 P.M.
PUBLIC SAFETY BUILDING
The Council gave the Pledge of Allegiance
ROLL CALL: Members Present: H. J. Steiner, O. L. Thomas, Edward Ambarian,
James Doyle, A. L. Hudson, R. I. Morgan and James A. Elson.
Members Absent: None
AGENDA
APPROVAL: The following deletions were approved by Council:
F-1: Resolution No. 75-30 - Intrafund Transfer
F-2: Resolution No. 75-31 - Intrafund Transfer
The following additions were approved by Council:
G-9: Bid on FAA House No. 103 - across the counter sale
G-10: Payment to architect - Kenai Community Library Project
G-11: Special Use Permit - Katmai Motel
G-12: Awarding of Bid - Relocation of Kenai Communications Center
G-13: Awarding of Bid - Kenai Community Library Project
F-3: With unanimous approval of Council, Item F-3 under Old Business, Airport
Lighting Control Panel Project, was moved up to the first item of business
to enable Mr. Ed Carlstrom to make his Presentation and return to his
home in Anchorage.
Mr. Carlstrom, representing Carlstrom Construction Company, spoke
In behalf of Dunamis Electric and its qualifications (bonding, licensing. etc . )
to enter into a contract with the City of Kenai. Mr. Carlstrom explained to
the Council that the State issues a license to an individual rather than a firm
and the licensed individual becomes the responsible party adhering to
the rules and regulations set forth by the State. For purposes of bonding,
a contractor must have adequate experience and background, however, in the
case of a new contractor just starting into business, he must be endorsed by
a licensed and bonded individual. Thus is the case between Mr. Carlstrom
and Miles Dean.
Councilman Thomas inquired if it would not protect the City to hold Carlstrom
- Construction Company liable in addition to Dunamis Electric. City Attorney,
- , - Janis Williams stated it would be beneficial to have Carlstrom Construction
_. .} sign the contract as well as Dunamis Electric.
i
tt,
N
Al
r
MINUTES, KENAI CITY COUNCIL, MEETING OF JULY 16, 1975 PAGE 2
City Manager, Roland Lynn, recommended Council approval of the contract
U Council were satisfied with the conditions as set forth above.
MOTION: Councilman Thomas moved, seconded. by Councilman Steiner, for approval
of the contract for the Airport Lighting Control Panel project between the
Cir of neral aiid Lu,numib Eleciric subject to participation in the area of
liability by Carlstrom Construction Company and also subject to final
approval from the Federal Aviation Administration.
Motion passed by roll can vote. Voting yes; Steiner, Thomas, Ambarian,
Doyle, Hudson and Morgan. Voting no; Elson,
B: PUBLIC HEARINGS:
B -l: Transfer of Beverage Dispensary license for Harbor View
Transfer of beverage dispensary license for. Harbor View; Harbor View, Inc.
D. R. Kimbrell, President; James Udelhoven, Vice President; Patsy B. Brown,
Secretary; David L. Diamond, Treasurer; Peninsula & Bluff Streets, Kenai,
Alaska - Box 1377, Kenai, Alaska 99811. From: Theodore D. & Helen
I. Eriwein.
MOTION: Councilman Doyle moved, seconded by Councilman Steiner, for approval of
the transfer of beverage dispensary license for the Harbor View,
Motion passed unanimously by roll call vote.
B-2: Ordinance No. 282-75 - Discharge of Firearms within the City Limits
Mayor Elson opened the meeting for a public hearing on Ordinance No. 262-75.
Mr. William Stewart presented a map to the Council showing a specified area
along the Kenai River to be designated for shotgun shooting.
Mayor Elson brought the meeting back to the Council table.
MOTION: Councilman Steiner moved, seconded by Councilman Thomas, for adoption of
Ordinance No. 262-75.
Councilman Doyle stated he felt that that areas should be so designated before
adoption of the Ordinance.
Mayor Elson concurred with Councilman Doyle and stated he too felt there should
be accompanying resolutions designating certain areas wherein firearms may
be discharged within the City limits.
MOTION: Councilman Doyle moved, seconded by Councilman Ambarian, to table Ordinance
No. 262-75 for thirty (30) days.
r
A
MINUTES, KENAI CITY COUNCIL, MEETING OF JULY 16, 1975 PAGE 3
Motion passed by roll call vote. Voting yes; Ambarlan, Doyle. Morgan and ;
Elson. Voting no; Steiner, Thomas and Hudson.
ADJOURNMENT - ROARn ftp AMItTST� NT - GRAyEL PIT USE PERMITS
Mayor James Elson adjourned the regular meeting of the City Council at
6: 30 p.m. for the purpose that the Council act as a Board of Adjustment in
the matter of Chester Cone - Gravel Pit Use Permit, and Robert Borgen -
Gravel Pit Use Permit.
Mayor James Elson brought the meeting back to the Council table at
9:45 p.m.
C: PERSONS PRESENT SCHEDULED TO BE HEARD
C-1: Air. Robert Bielefeld - Sand on Airport
Mr. Bielefeld requested permission from the City to remove sand from the
airport lands to be used as fill material and replace the sand removed with
top soil for the purpose of development of his lot located on airport lands.
Mr. Philip Aber, Public Works Director, stated that removal of sand from
airport land may pose hazardous situations wherein open holes would be
exposed along the taxiways and runway. Mr. Bielefeld stated he would
agree to an even exchange - top soil with sand.
The Council was advised that the present policy of the City of Kenai to that
no sand or gravel is to be hauled off of City owned lands.
MOTION: Councilman Steiner moved, seconded by Councilman Morgan, that Mr. Bielefeld's
request to remove sand from the airport lands to be used as fill materials
replacing the sand removed be granted subject to the transfer of the materials
under the approval of the Administration.
Councilman Morgan moved, seconded by Councilman Ambarlan, to amend the
motion by adding that the costs incurred by the City will be charged back to
s the lease holder.
R
The amendment to the motion paased unanimously by roll call vote.
The main motion, as amended, passed unanimously by roll call vote.
D: MINUTES:
- D -L• Minutes of the Regular Meeting of July 2, 1975
Approved unanimously as distributed.
0
i
I
MINUTES, KENAI CITY COUNCIL, JULY 16, 1975 PAGE 4 4
F: OLD BUSINESS:
F-4: City owned building at refuse site
City Manager, Roland Lynn, reiterated that at the last Council meeting
he had advised that the Borough had expressed an interest in the small
building at the refuse site and that the Borough would buy the building
for $800. City Administration had researched the matter further and found
that the original cost to the City for building the 1042 building was $2,000+.
The Borough has advised that they will not pay more than $800 for the building.
Mr. Lynn advised the Council that the City has no use for the building at the
present time.
Councilman Ambarian stated he felt that the building should be offered
at public auction.
MOTION: Councilman Steiner moved, seconded by Councilman Thomas, that the
10x12 City owned building located at the refuse site be put up for auction
with a stipulated minimum bid of $1,400.
Councilman Morgan moved to amend the motion to read with a stipulated
minimum bid of $800. Motion died for lack of second.
Motion passed by roll call vote. Voting yes; Steiner, Thomas. Ambarlan,
Doyle and Hudson. Voting no; Morgan and Elson.
F-5: State Jail Contract
Y - Mr. Lynn advised that the City was ready to enter into a contract with
the State for lease of City jail facilities. The State would lease the facilities
on an eleven month basis for a total rental rate of $13,156.00. The City would
'r be responsible for utilities.
-i
MOTION., Councilman Steiner moved, seconded by Councilman Morgan, for approval
for the City to enter into an agreement with the State of Alaska for Lease
of City Jail Facility, through June, 1976.
Motion passed unanimously by roll call vote.
F-6: Port of Kenai
Administration advised that no agreement was located between the City
and the Port of Kenai for reimbursement by the City for construction of
the road.
£ Discussion followed and it was suggested by the Council that as the City
did use the road and a verbal agreement had been made, the City should
take the responsibility for reimbursement to the Port of Kenai.
1
x
Is
��I ... I � iii iin+ � � ii inillll I IIIIl1
MINUTES, KENAI CITY COUNCIL, JULY 16, 1975
PAGE 5
MOTION: Councilman Steiner moved, seconded by Councilman Morgan, to make
payment in the amount of $1,498 to the Port of Kenai.
Motion passed by roll call vote. Voting Yes; Steiner, Thomas, Doyle,
Morgan and Elson. Voting no; Ambarian and Hudson.
G:
NEW BUSINESS:
G -L;
Bills to be paid - bills to be ratified
MOTION:
Councilman Steiner moved, seconded by Councilman Ambarian, for payment
of the bills as presented by the Finance Department.
Motion passed unanimously by roll call vote.
0-2:
Ordinance No. 268-75 - Itinerant Merchants
City Attorney, Janis Williams, advised Council that this Ordinance had
been prepared at the request of the Retail Merchants Association and is
designed to protect local merchants and residents against unscrupulous
itinerant merchants.
MOTION:
Councilman Steiner moved, seconded by Councilman Ambarlan, for intro-
duction of Ordinance No. 268-75. Motes passed unanimously by roll call vote.
Mayor Elson stated he felt there should be a definition as to who this
Ordinance would apply to as there are several businesses outside of the
City who provide services to the residents of Kenai.
Council directed the City Attorney to more clearly define who the Ordinance
will apply to in regard to "itinerant merchants".
G-3:
Payment to consulting envineer - Airport Fencing Project
This bill in the amount of $1,620.00 payable to Wince-Corthell & Associates
for resident inspection services during May, 1975, on the Airport Fencing
Project.
MOTION:
Councilman Steiner moved, seconded by Councilman Ambarian, for payment
In the amount of $1,620.00 to Wince-Corthell a Associates for engineering
services on the Airport Fencing Project.
Motion passed unanimously by roll call vote.
CITY MINUTES, KENAI CITY COUNCIL, JULY 16, 1975 PAGE 6
G-4:
Lease of City owned lands or facilities - U. S. Deparment of Interior
Administration advised Council that there is an additional condition required
In that the Department of the Interior has requested that they have access
to the property they are proposing to lease from the adjoining property. This
request will need approval from the current lessee of the property in question.
MOTION: Councilman Steiner moved, seconded by Councilman Doyle, for approval
of the lease of the north 1/2 of Lot 2, Block 3, Small Aircraft Apron, Sec. 33,
T6N, 81114, SM. to the U. S. Department of Interior subject to the easement
being granted.
Motion passed unanimously by roll call vote.
G-5: Assignment of Lease from GO Machine Sales & Service to
Brian L. Peck and Nancy J. Peck
This lease pertains to Lots 7 and 8, Old Aircraft Apron, Cook Inlet
Industrial Air Park. The total area leased is 15, 000 square feet at an annual
rental rate of $600 or $.04/sq, ft. The lease to Go Machine Sales a Service
expires January 31, 1976. Go Machine Sales & Service requests Council
approval to transfer their lease to Brian L. and Nancy J. Peck.
MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, to accept
the Assignment of Lease from GO Machine Sales & Service to Brian L. and
Nancy J. Peck.
Motion passed unanimously by roll call vote.
G-6: Lease of City owned Lands or Facilities - American Legion
Mr. Lynn advised the Council that as the FAA had found the City in non-
compliance in regard to the City's lease of airport lands and facilities in that
the City was not receiving "Fair Maket Value" from certain tenants, it was
necessary to review certain leases, in which category the American Legion
is Included.
MOTION: Councilman Steiner moved, seconded by Councilman Morgan, for approval
of the lease to the American Legion, Building #107, FAA Housing Area,
Government Lot #5, at the annual rental rate of $3,747 subject to verification
of 1,455 sq. ft. as the area to be leased.
Mr. Edward Garnett representing the American Legion as legal counsel
presented a petition to the Council with signatures of over one hundred
' K supporters of the Legion. Mr. Garnett also advised the Council that the
Legion had already paid this year's annual rental fee and the Legion had
spent a great deal of money on repairs, etc. to the building. Mr. Garnett
MINUTES, KENAI CITY COUNCIL, JULY 16, 1975
PAGE 7
-- further stated that the lease did not expire until 1978 for an annual rental
rate of $500. Mr. Garnett asked if something similar could be arranged for
the Legion as had been set up for another tenant in that a transfer of funds
from one account to another had been accomplished.
MOTION: Councilman Doyle moved, seconded by Councilman Thomas, for reconsideration
of the lease to the American Legion at the next regular meeting of the Council.
Motion passed by roll call vote. Voting yes; Steiner, Thomas, Ambarian, Doyle,
Hudson, and Morgan. Voting no; Elson.
G7: Lease of City Owned Lands or Facilities - Fine Arts Center
As the City Council had decided in its budget hearings not to support
any organizations outside the City organization, Administration asked for
direction from Council in setting lease rates on leases of City owned lands
and facilities such as in the case of the Fine Arts Center. The Fine Arts Center
consists of 3,872 square feet and are presently paying $1 per year for their
annual rental rate. The City pays for all utilities on the building. If the City
were to receive fair market value on the Fine Arts Center, the annual rental
rate would be $9,722.
Councilman Morgan stated that this building was used by over a dozen organi-
zations and one wing of the building was open to the public for recreation.
Councilman Morgan further stated that he dial not feel the City was tied to the
rules and regulations concerning leases as set forth by the FAA on non -airport
lands.
Councilman Thomas stated that he had no adverse feelings against the groups
that are using the building, however, Council must set a policy and show no
favoritism to any groups or organizations utilizing City owned lands and
facilities.
MOTION: Councilman Steiner moved, seconded by Councilman Thomas, that the piece
of property on which the Fine Arts Center building is located, be put up for
sale with a minimum acceptable bid of $95,123.
Motion did not pass by roll call vote. Voting no; Doyle, Hudson, Morgan and
Elson. Voting yes; Steiner, Thomas and Ambarian.
Mayor Elson stated he felt as long as there was no demand for a particular
piece of City owned property, the City should continue the lease basis as in the
past.
The Fine Arts group also advised the City that there has never been
a thermostat installed in the building and controling the heating in the building
was very difficult.
I
MINUTES, KENAI CITY COUNCIL, JULY 16, 1975
Mrs. Jetta Brewer of the Fine Arts Center advised the Council the group
would like to work with the Council but the Center cannot pay the annual
rental rate as proposed.
MOTION: Councilman Steiner moved, seconded by Councilman Thomas, to retain
the present agreement between the Fine Arts Center and the City of Kenai
but the building be offered for rent to any suitable prospective tenant at
the annual rental rate of $9,722.
Councilman Steiner moved to amend his motion, with approval of second,
to include at the City's expense a thermostat will be installed but that
the Kenai Fine Arts Center will pay for the utilities and maintenance here-
after.
The amendment to the motion passed by roll call vote. Voting yes; Steiner.
Thomas, Ambarian, Hudson and Elson. Voting no; Doyle and Morgan.
The main motion as amended passed unanimously by roll call vote.
G-8: Acceptance of bid on FAA House No. 104
A minimum bid of $6,000 was received from Mr. Miles Dean. Mr. Dean
has put a deposit on the house and has been advised that he has ninety days
in which to remove the structure from the premises and restore the grounds.
MOTION: Councilman Steiner moved, seconded by Councilman Ambarian, to accept
the $6,000 bid on FAA House No. 104 from Mr. Miles Dean.
Motion passed unanimously by roll call vote.
G-9: Bid on FAA House No. 103 - "Across the Counter" - Council Approval
Mrs. Joe Keeney has submitted a request to the City of Kenai to purchase
FAA House No. 103 "Over the Counter" at a price of $6, 000.
City Attorney Jan Williams recommended that Council authorize FAA
House No. 103 to be offered up for auction rather than sold across the
counter.
City Council instructed Administration to proceed with the details necessary
to auction FAA House No. 103 at the soonest possible convenient date.
MINUTES, KENAI CITY COUNCIL, JULY 16, 1975
e) G-10: Payment to architect - Kenai Community Library Project
PAGE 9
MOTION. Counpilman Alorvan moved; speanded by Councilman Hudson, for payment
in the amount of $1,361.72 to Lane -Knorr -Plunkett & Associates for reim-
bursable expenses per agreement between the City of Kenai and architectural
firm of Lane -Knorr -Plunkett & Associates.
Motion passed unanimously by roll call vote.
G-il: Special Use Permit - Katmai Motel
The Katmai Motel has requested permission from the City to install a direct
telephone line from the Kenai Airport Terminal to the motel office for pur-
poses of picking up motel guests upon arrival at the airport. The
permit will commence on August 1, 1975 and extend through July 31, 1976
for an annual rate of $90 plus sales tax.
MOTION: Councilman Morgan moved, seconded by Councilman Doyle, for approval
of the Special Use Permit to the Katmai Motel for the period August 1, 1975,
through July 31, 1976 for an annual rate of $90 plus sales tax.
Motion passed unanimously by roll can vote. proceedings with regard
G-12: Awarding of Bid - Relocation of Kenai Communications Center
Mr. Lynn advised the Council that though $10, 000 had been authorized in
the budget for the costs of relocating the Kenai Communications Center,
every effort should be made to come up with other funds. The City has applied
for Criminal Justice Planning Agency grant funds to aid in alleviating the
costs incurred in relocating the Communications Center.
Councilman Hudson stated that at the Budget work sessions, it was agreed
upon by the Council not to move the Communications Center until the grant
was received.
- T
MOTION: Councilman Steiner moved, seconded b Councilman Ambarian, to accept
� y p
,. the low bid for moving the Kenai Communications Center contingent upon
{ _ ' receiving the grant funds in full.
j Councilman Hudson suggested that the Council be presented with sketches
and pertinent materials on the proposed move of the Center.
Councilman Steiner stated he felt that the contractor should furnish every-
- — thing (materials, labor, etc.) so the City will know exactly how much the
project is going to cost.
.j
tea:
t•
G.
MINUTES, KENAI CITY COUNCIL, JULY 16, 1975 PAGE 10
- i
- MOTION: Councilman Doyle moved, seconded by Councilman Steiner, to table the
matter of the relocation of the Kenai Communications Center indefinitely.
Motion passed by roll call vote. Voting yes; Steiner, Thomas, Ambarian,
Doyle, Hudson and Elson. Voting no; Morgan.
G-13: Awarding of Bid - Kenai Community Library Project
Mr. Lynn Advised the Council that the Bid Opening was held on Wednesday,
July 16, 1975, at 2: 00 p.m. in the City Manager's Office with the architect
on the Kenai Community Library Project in attendance. There were no bids
received and no bids opened. Mr. Lynn advised that one potential bidder
- had come prepared with his proposed bid but the contractor withdrew prior
to bid opening as his bid was much higher than acceptable. Also, t4ree
other contactors were interested but were presently involved in projects
and were not able to bid.
The next step now would be that the architect will again advertise for
bids for a date three weeks fiom first bid opening.
H: REPORTS:
i
i H -L City Manager's Report
Mr. Lynn reported that he would request the Criminal Justice Planning
Agency to return. the City of Itenai's application for grant funds.
i
The $1,230,000 project to construct new line from Beaver Creek into existing
line plus up -grading, etc. will have top priority.
Mr. Lynn requested that the Council meet in a work session to discuss the
study furnished the City by the U. S. Civil Service Commission - meeting
was set for 6 p.m. Monday, July 21, in the City Manager's office.
Administration must work with Council on ramification of Impact Funds --
require an Ordinance to accept the funds.
The Project Report will be submitted to Council on a regular basis.
Administration had received a letter from Insurance Services Office of
Alaska regarding the Fire Rating re -grading for Kenai. They requested
f a time be set aside around September 10th - Administration will ask for a delay
' as everyone will be still involved in the summer maintenance program and
-1 t� unavailable to assist in the re -grading project.
— I � - __1% — —a-1
�n
7
MINUTES, KE NAI CITY COUNCIL, JULY 16, 1975 PAGE n
H-3:
H-4:
City Attorney's Report
In reward to the Tihbetts ease -- at this time. it does not appear that zoning
is enforceable.
The Kenai Property Owners suit is in pre-trial stage. There has been no
decision in the Filler case.
Mayor's Report
Mayor Elson asked if the Council wanted the City Attorney to prepare
an Ordinance regarding the Disclosure Law. If so desired, the
Ordinance should be prepared for the October election.
City Clerk's Report
1 I I 11■ II ,
None
- i
H-5:
Finance Director's Report
The Finance Department is 99% completed with the reports on the
Capital Projects. There are several Park Grant Applications left to
-�
file but must have Public Works check the parks and verify certain
requirements as set forth in the grant applications. Financial Statements
will be out by the 10th of each month starting with the July statements which
j
will be distributed by August 10th.
I
H-6:
Planning & Zoning Commission's Report
f/ •
There will be a joint work session with the City Council Wednesday,
July 23, at 8:30 p.m.
H-7:
Kenai Peninsula Borough Assembly's Report
Regarding Ordinance 75-41 "An Ordinance Amending KPC 25.10.05 to reduce
the Kenai Peninsula Borough Sales Tax from 3% to la", there was much
• '..
public imput to retain the sales tax and withdraw the Ordinance. The issue
was tabled until the next Assembly meeting. Much of the residents in the
Kenai Peninsula Borough feel that amending this sales tax will only benefit
4 ,• ,,
those residents within the City of Kenai. Councilman Steiner stated that
the issue need much more discussion and clarification of the Ordinance
-'
to the general public.
I:
PERSONS PRESENT NOT SCHEDULED TO BE HEARD:
1 I I 11■ II ,
Olt viv W --
MINUTES, KENAI CITY COUNCIL, JULY 16, 1975 PAGE 12
i
There being no further business, Mayor James Elson adjourned the
meeting at 12:45 p.m.
Respectfully submitted,
.f
Sue . Peter, Acting City Clerk
t
� J1
Y
{a
• i.
Z.
.1 I,`I IIIf IIJII IIy � —'-1-1111 — I _ � n - i � I --I, I,— ».-.. -; --i• , ,... .,. - .a
s
r CITY OF KENAI
LEASE. RATE FOR BUILDING #107
AMERICAN LEGION
Anticipated life of 30 years
Life expectancy of 27 years
1. Replacement value @ $28.00/sq. ft. (1455) $ 40,734
Less depreciation 4,073
Depreciated value $36,661
- 2. Capitalization Rate
100% owner equity
x .08 rate of return
8% (State rate rather than commercial)
+2.22% Depreciation - calculated on straight
line/IRS guidelines.
k (�' 10.22% Capitalization rate
`-- 3. Calculation of lease rate
$36,661 Depreciated value
x 10.22% Capitalization Rate
�..�� $ 3,747 Annual Rental
614 Taxes - 16.75 mills
} $ 4,361 Annual Payment
Lease payment is 25 cents/sq. ft./month without
utilities, janitorial, etc.
. it I II I 1 i. II •.., . , � ..��� � 1 i iii nun - in .nu � I I I I
• . it .
f
t
!f
1
- \/
LVAST OF
AIRPORT LA"ttS 1111' I;A(,il.i'rl;*%
THiti AG11t••1"trVT. rntereff into this rtay of
lA 1... ...:A !,..:: ..('1: t!:� (,:"':� !.T' r: ':r . . •. •...... . .• ij••.) :nu iµn.... ql,
of Alatsl a. Itrt .�it./f!••r rslled "vih•". mid AMERICAN ,LEGION _POST NO. 20
_....-�_ t..,�r,.i!: ,rte•• f•::I1( riff "! r•.. -, ,
That the City. in runsir:f rt,tion of fit.- paywrtlts of the rc-nit :,net
t' the perforalanee of ;:Ii the covenants herein ronL•.lned by tltr lxsser, dct•:
herel,y (11.1116e 11:11 lease to lite tile'u11C.Lvinff fl"erilwd property fit the
Kenna tteeo^dint; tiiatrici. Stnt,: of Alasko; to tsit:
Building #107, TAA Housing Area, Government
Lot i5, Section S, TSN, R1IW, Seward Meridian.
Term: The term of this T.rttr is for 1 veli►•s.
fwmmeneipg on the lstriny of August , 1475 , to i;.e 31siliay of
July,, ,9 6 , At the nnnual rcnert of S
Payment: Subject to the terms of renern] Covematt VA. itt of
i. this Lease, the rental specified herein shall tie navab)e as foltotas:
(a) Rfirbt of entry Pnd oceunrpev k mit;•cwUnr] On. r' ih,!
d•iy of _ . ;4 . end the firf.t rent shall Le ce%mnuled from s.ucch
r• .sr- ....� __ . ',�. 14 '—; at tYf• :•ate (.f S
:., 1'a. •.'tl i'.'.- .. ... now flue.-_._......�_..
(h) Annual reef for [lie fir:rnl year heginiiir•1r July 1 and endipcf
June 30 shall ba payable in advaswe, on e: hofor- th^ Vrft day of Ju)v n,
year.
(c) Rental for Any period which is leas than one (1) yens' Fhall
be prorated, based on the rate of the. last full y^r.r.
i{ (d) The trent rpeeffied herein is calculated an follows:
4 1 }455 square feet at S Per square foot per year,
11
or S per year.
1
In addition to the rents specified above. subject to General
I�Covenant No. 10. the Lessee agrees to pay to the City fees as hereinafter
provided:
(a) Assessments for public improvements benentine property fit
the amount of $
(h) Applicable taxes to leasehold interest or other aspccte.
{j
(c) Stiles Tac noir enforce(, or levied in the future.
(d) lnterent at the tate of eirld percent (81.) per annum on any
amnunt of money owed under this Leath t.hic,t is not paid on or hf:fore the
elate it becomes flue.
�s (e) Additional el:argea As serf awth in Schedule A. nttnehed.
„
Page One. Id'ASi1
Complete ttevlaion 5/2/75
i
r
C�
0
The purp(me for which this Lets- If iss"C(l IS:
Meeting place and Post Headquarters
ii
tv,ew uxrept w; nrnvfr'c-d bo- -;n. nry •flul-tr w*r of
or facilities %..I itkil consent of M" 'Iftv is TI.J.:
prohibilic'n Jchnll Wit .31)ISIV to unr or -ire.a< clesirm-ater' he the city fo-
public um-<. -itch as ttrinip.m... fisstwnoiWe juirEinq awn, nna -i-
2. 11se,; "tit F0'1!it:tjf(1j1 of
or the prim!: -tion or or co-mr..
i-nterprisr. oth-r Own -is --ot forth h-rrn. mars,. In or Ovtvv
.iirport land::. without the written couselit t,' !1-: 4"It., i:. oral,
3. lip. minilinic of Property: Ai -y or nll Ism --ctol d-,,- r -•;d vr,--!s-- -
placed or tined upon hinds or i -j P-cMifes its violation (.f j-r,-'NWt;t)n,; tr,;'.y
rem(ned Prid/or i1r.w.urfled Isy the city, snd .lien -0 r�,mvv! nn(l/'cvr
impottisfif.d. such proptarty Tnftv be redepti-ed by the iben,er therf-of wily utp
the payment to the City of the ew-t% of remchotil Wits F:tnrof.-P cbixg.sr. of' 5 I.00
per day, or $5.00 per day fit th#: ease of vaels b-Mehif, or Path nfrerqrt in
exc,-,;s of 6,000 pounds Gross tcefe ht. or in the mne cr my NPe, of
property, an amount not to cS.flfl 1),-r day. or fit accol-61.ee V111. f urn..
higher fees as may be incorlotwistrid Into re",ilptions of rity's A irpr,11.
4. TPqF-eonOe-
to pay the nitntin I rental end fee.,; rp--cf(i ect •mel not to t -v -i pre f I. - ; I'l-tj — f -
any port, nor let, nor sublet. rather by tenant or Impliention. tine vhole or
eny on -t of the prctfvines it-filiont v.,rittell eenm.ell! of 01- r*;(V. whiell can—t.1
shall be obtained nursuant to the coDowitiv nroc-lure:
(a) Submittal to. and appro,,al or. twopmecl. If-m-te trostf4frr by
the Kenai Pli-nnilip Conimfsnion.
(b) After approval by the %Centii Planninir rominission, final
approval of trans1I l,y the Pity rouncil.
Any assignment in violation of this iwavi-tfon shall he vola. and
shall be grounds for cancellation of this Lease by the city.
6. Treatment of Demise: The Lessee agrees to keep the
promises clean and in rood order At its own expense, suffering, no strip or
wasto thereof, nor removing any material therefrom. without written
pormirsion of the City. At the expiration of the tortr III or any sooner
determination of the Lease. the Lessee will pe-aceably and quietly quit and
surrender the premises to the city.
6. Payment of Vent: Checks; hank drafts or nostal money orders
shall he nindi, payable to the City of Venal, and delivered to the Cfty
Administration Building. Kenai, Alaska.
7. Conttruefloil Approval ntiel ctoncifirds: 'SullAinp, eonnt-tiet'-6111
shall b-! iteml, and prew!ntnble and efimptititile %,10i its tjno aril aturrosindinvu.
Pr -tor to "1:1.4111V of MI ond"(11. enrmt.-ISMIMI of M141flinfr" on n lencwt,
area, the Lessee eltall submit is 14sin of tiroposed develonirlent of pronorty to
tilt, Pity t'l:-.111four C(airrintJoll V.-Mch 4.11:111 in ivrit;nr for '111
porm.-invid ltpprovomrnta.
Pare'r%ts. LFANV
.. -�____ �• — •ass-.�•.f•..a. Fzi�ti-, r< _ rsyv. .� _� - _ _WIN
it
'f
S. Len a Ill eott^-t I'r.+r_e,its ren t� s::rr sh:41 withip thirty
lj (30) day:. huoro the expirnli•m• nt:&e :runli. itinn in writincf for n renewal,
+ certirying under n.tth a-, to 11.4- Character and value of all it:,pro:•e•ments
rci:!iuir oft Vw 1.,114. f wilitiot.. itr.gwrtfet:, or intere:•t tL•r•.•ein, the uurno•;e
It for tehieh t: iel: rinses, of it: rr.•tii• • cT. -,,,it �trclt t•!hrr irf••• •+ 1t ,+n ;t•: tr`r• reit•
i• may rcyuir.:. Ti•u i..-wve'it.:ii n4-{.a.ii t• ith •.11vir :•ptri6 „i... ;"•e -11'.
it equit•alr•nf to ono hn:idretr tw•••Cet•t f 10A".) 4-f +1t,• u4-, v illitat r:rmtrd 1.4-131.41 or
reef. •.till fit ed4 Ct. Such :ril-lio Brill. whop 11111r eonru.- rine to the
requim-mt•t:ts horeiu staled. V. if, e•-:te•ttei if— i e. -se on n •*.'•nth b.-a,nrth i ,4-.•.i,.
` until Ruch li^•e ; thr City vie,•" notieC it, I,rt :e4- that:
(n) 'rhe-cr;tirst for renewal I,n& Lr•r•n t•r:•nt4-r1.
(i•) The r•rrlueut for rettew:tf It.-, been reject -0 • st•rtit•p One.
reasons for cuell refection.
(e) The City lip-; artermine•R it to ,te in lh,• hest nt.hlic rote-re,r •
or is required by L^.1S n4- rcrul ,tion. tv o`fol. tl.0 I"'as:: et 1Jut l:,-u.•t9,r,
(d) That equitrtl.lr• cunr•ider:ttfan t; require r, re^fsitin e•t th(-
Lease prior to ftrnntfnfr a rere:ral .
9. Rivht of r•.rtry: Should drfouil bet t:irtri.•, in the uavtr�,nt of
any portion of M rent o►• frrr du-. n4- ite env of lhr: vovennnt•• r•r
eonditic,ns contained in the• Ltrabc, the (•fty nt,:v :•e-rntm- ord t: he
of the 1):•einir.es, remove till pm-L-wiat theref•-c:m. and tt,)n!t trrftten 13131X.4.
terminate tiie Lenen.
10. Rent frucn)rttinn: to the ovept tt•i:, i•t:•►:te i•= for n term ip
exeent, of five (5) yearn. tllr ntttnnnt of v c-n:s n4- feev enf•eifif•q Le•re•fo shall. nt
the opti011 of chher p:•1•ly. . he tt'. renrt,ati••f;fell fie- it•e•••••;.e. nr elrere.:•
at intcr•vala of five (5) years from the 1st day of •1t►h• n:4-!•.,^df►:v tite
effective. &IC of this Leese. •ri.r-. rmnunt oft n:•4-, 4-111.4 or f,•^•: pu rrrrPr•ti 14-.
shall reflect tae. Own nrevailinff fair morkol r•'+lue of the loFxcl-ald. `Io
increase or decrease in the atnettint of rents 4-n• fret; shell be r•ffr:cti,•r•, cyCeW.
upon tlinety (HO) days writte-n police.
In the event the nartleh art, una'•le to ai!rer• upot, the it-oant of
such increase or decrease, such amount rhall he determiner; by three (3)
disinterested persons; one thereof to he apprdnted by tbo ctty (rtuncil: otut
to be oppo:nted by Lessee. its succesr;nrs or assigns; tend the third to be
chosen by the two (2) Persons appointed os aforesaid. 'rhe written
detrymivistion of such three (3) persons shall be final and conclusive.
Neither party shall commence lelfal action without complyingv:ith this
provision.
It. *iuilcitnir Plaermrnt Restrictions: Ro huildinp or ether
permanent st)•ticture s}tn11 be placrdisithfn tell(i C) f^^t ^f the 1)ottttciary line
of any lot held by a Lessee: provided. however. that where tiro (2) or morn
lots held by the Lessee are contingttous, the restriction in this condition may
be waived by written authorization of the city.
12. prott•effon of Airc•rnft: vo I.pit(iinT or other pe*mcnrrt
i;tructurc shall he nlact,d witilin fifty (Ci(1) fort of tele nronerty line frontinv n
IaudinP !rip, taxitr ,y n4- apron withrnif the t. rittr•n Hnnr4val of the rtty. Tiar:
neon shall lie us^rf for mrkirg aircraft oniv.
1.2• All v • itt, ►t 1,14i.•e• ••r•tvtli••r•.1 by It:ix t.r•.,•t• set. •..•.•• :r
shall lip se -11 11y ref(ir-tered or Certified inafI or delivered nrrt•nnnlly to five
Parts Thrc e, LYASE
. _ • -.r- L 4—.r
- - _ t ..:Y:: -moi.__.::.. F�•.� .i , a ___ _ _ _ _w�A_a. _ __ r� � r -<e.. _ � �- ;. . � .. .�� e,. _
0
i
y
i,
-l�
Ste• • T
r 7
_� SS
it ::1 is
i�last address of record in the fii,•s: of the f•ity.
14. Off,-:- in l.e:l-c• 4c rrlrt:m,•e: 'rlu• nf!er to ).•as r is mnrlp_ Ful
i; to Applicable law. -::,n4 :vt1ty -Ocnis r.f c•ih•, and mnv hr withdrawn without
no!ie.• :a at.y thw• after Ihi••ty (ah) r ave; fs•on1 •:nhmi<•:1frt1 thereof, trnles; yr
rarc•h ft irty r31111 r!at•• V.f. I.-- POO 1 r•.1rn to ft.,. Vit.,
15. t'n•I.•• Win!, T;•: 'rl.,• inh rrstti O:1n.fnrrnrl. or eotgvi n,2
by fill% Lunt•e are 'It
in vita . t,d ail pf du• erix-enpr.t•_. tr•rsn% or cnm!iti• t'.
r• fn tie instrwnnnts eol-:f•yitift fiti.- nr other int=1'r:'ttc to Me f'ity.
1• ••• nectinrr: r'!ry ;.11"21 1r wu tl-f• Hr�ht, et '111
reatvll:abin tfrrrf:, t„ em. • emir c•t , or :.nt wwt for tL-f• pufnnse• -
of inFpf•etiotl.
17. intim•- !ce: t nti:.eo em—nnrt, so r:•vf fbe r•itc i•o mirga f»,•••
all actions. suits. U1.1•i2211-1- •o: ri-un••;fes 1 r etttns! frn�• c• :n•!•dnp rg11 of :-o•;
acts of cotnr•i-:,2nn or or•it.eirn by tf-, i•,•S•r••. hs
e4)1;f
, , r;••c.:a. ,� t 1o�:•r,:. rl•• :,
invite -s. or nrieir!! rpf— fit- o .f of thr i cd V— t.1•• • .
demisu:d. or privilofrr:; frrantvd, and to osy all co•-ts ec-n-fn-t-1 t!.
this connection, lite Le zst:e :1g'rees to irri nire !it() wry fr•C Al the folirr^ntr:
(a) Public liabli ty insurance Prot-w*,ing fx•tl. Me lefty anc!(,w
its agents and the LCssc-p. s ueh in• sal7cnen in bi- n.,•irlr.,rf r' by 1, • .tirat•r
showing the fltsuranccr in fot•ce. The amotn*t of such prtl.11e 1i:,hili*.• insrtrr;:c:
shall have, litnits not less than t!1a.^,e Pnown "s
tine D11t$-wi?,D�igsn,�nnn__
(b) Lessf•c .,trr•ee>; in carr•v emOover's IFI-Olity innzun1r1e.. fired
Worfimr•n's C,ompensatfon insurance, :fad in furni• ll :, f•r-rtiffeldr• 11--i-of to
the City.
(c) Insurance c•ontt•ncts+ proviftitif! siva i11•p f11st1••snwr• it -ie
Pori tnon'a Compensation shall iwovide for viol lr::, iMr. ibiriv (301 rinvt
written notice it) the Citv of cancellrWon or evnirntion if- F.111:11•-tantiol etl^*lar jr:
policy vinditions and coventee.
M) Lersep aarer.-s tb tt i-ii-er nr ibrnoetinn i•ppinct the f•i!v
shall be requested of Lessee's lnsurfir, and shell be Provided at no cost if)
the City.
(e) Cross; 1•inbility: it is unflerstood and atrreed that the
insurance afforded by this; policy or policies for more than one named insured,
shall not operate to fnerrase the limits of the company's lfabilfty, but otherivin-1
shall not operate to limit or void the cov,arare of any one named insured as
respects claims against the same named insured or eripioyces of such other
named insured.
18. Aceountint! f)bliption: i,r_ssee aures to furnish the City an
annual sworn statement of t!ross business receipts and/or an annual aworn
j 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 governor -vital afiencles.
19. Colheetion of Any m• all rent+;. chnrve•c, f,•^a
or otbet• enn"itim-ption w11ic-li :1r1. rine :1 tut 11111t••id ,^.t 211.1 !•lcnfration of yolurfAl- '
or involuntary termination or c:mcelintimi of till-& Lenart. t:h:41 he a charge
rr-Ai•! flsn• 1, c.;:.• :.art 1•e.;,;e...1.: I1s'fm..,•t�•, :•2.11 pp ,,•.1..�,.,�I. 1:111 42:e 'it; .:,r ..
have such li-•n rftrhta an are nllcnvrrd by Law. anti onforeemrnt Ivey elisti-Ant
Paffe Four. LFASH
1r ,
1
I
1
1
i _ J
r
V
0
E
11
may L.^ made fly the City or its authorized noent.
ii •
} 20. liaaelnt-nt rw-llltc Reti.•rverl: Citv I—erven file 0(flit to vrnta
(' and control easements fit. or alitive the iand ]nar;nd. R'n sueh f:rmt or
easement will I.C. crude that will nnrea-,racnhly interfere with the• Les>Qee's tree
of tfin Im,rt -
21 . 1—se Ruhr,rdi•••ite to Fir ,r !i_nr Rnatt" Mgr rirr: l.rycren :,c!t•e•.;
that City luny tnofi 'Ills i to meet revis. -rc rectui••r menta for Federal o!•
State gr.lnts, or to conform to !ile rrpnir:•n:• fit- of :•n., revenue !r_•nil cot ram+t .
However. the m.'di`ication slu:!l nut act to reduce the rights of nrivil:rt-
Rr..nterl the Le -teee !n• -,:tis i r.e�r. nnr act it• c•ut-,,• the Ire.%r nil:+::r •l !•r..-•
22. 1: i•;lit to $1.4 x.ee Imnrot erinnt•.: imm•nvr•rrFnls r rem-ei Ile :-
Lessee on ri::+ntt kites; shall. •• itric, cictr rr(l) mays :after the, n•-pi-ation.
tertainn:for. or c:!n.!e!1q!ion of tilt- lrat,e, he .-M-oved, fit avirirri 11n.t. in U.,
opinion of the City. such rert-rnal -,••Ill not eau -;c• in-ury or dar+circ to the
lands: nrd rurt!i:!-. nrnvirlrr! t! -t t' -,e rfty refit --teres .Isp ri.. r„ ••.,t •a'•1•• .
such imnrover-nts in ewer- •rhere h.ird-zilin is P!•nv,-n !n :r:: ^e:ti�f^stir, t:
providers furt►•er, that ror reten^inn has t.:•, s. matte in r•r4ing
received irithin said sixty feat) e, -.y tierfod. 'rhe refit- -•r l.e�•:tee •a•:y, r fti•
the colisclit of tl.e rity. sell hf�- hnrrrr,einnnt� to a rtu•c••rrtinrr tr^i• llt.
23. Itr1+! ot•ementR T.eft ran T.roi•r•h-v1d: V nny imnroverr.nntc :+,..!;
IF
L/®
1 (c) Pitt• Mir,ll st(wt IF. liabl'. to iw•y! rr for any r}iminutirm or
deprivntiou of poxy-es •inn, or of if% ••i•rhl : hrrr•ander • oil -t eco lrt (of the
;+ excrckw of illy sack ril!ht m* nu!iun ity a•t in this Sr•,:tir,n Tlrot•idrat, nor rht41
r hemaien he entitled to terminate the, vlatle or nnr• portic,n of the }(.n.etmoUi
eatctte herein ereated, Ly reason or the t•••rrri,.r• or • ur•h ric;htq ar nntlit.-Ity,
, ,. .•., ••,. • ... .. ,.,_ • . • ii..,l •+, 1/.•• t i• I1 \, 1,%f i,.'.+)•l', '.1 1, 1N• 71 nil r•:'l•tll r.•Tif•L•
of the Ir.r.. hc.l.t ostnt•• .r: in cot,•ctitifte :, tree+ir.:.it•.n itt Vl:c.le nr in Part Of
thin if.anc by rnerativn c,f I.,%r in eccurrt:•nrr t••itt, ihr• 1.liwf" of the. Statr of
Alaska.
20. Aircraft flneritiens, Prntncterl:
(•f) 'there f s hereby rc•torrrd to Tile r itv. its ,t:cena-w,! > are!
assigns. fer lLc use anti t.f:l,efil of III,:-l,:rblic, a rit'M of (1,04 for U.'If 11 • of niren.ft in t'• alexin. r.•, at>we t)ve rurince of th•, u• t••icr•, ti•••r• rl rO-wf1•.••t.
torether v lth thr• rirht :a catr••e in 'aie' :•ir•sr:r•r•-• nr•i!•^ :•!. rrny for. int•r,••.•t•r
in the operztirtn of a!res:.•t. nein,t; }7r;::ilir•! •,., . y,. r,f. of r,.• r•t..w
In the air, ul•iftp sairf ni•'fpnee of tit. to=;intr elf it wn. n- rmnnm rdiflp
on the l:r•nui Ar �•,••^t.
(h) •rf•e L, ssee by neventitir thi•: rnr.v-1•,:nc evror,�rs}y aas•ef-':
for itself, its reirre.^,ent=.tires, sueresc.,•s. mu! assigns. fl -at it still tic! r n-•*
nor nerr•ff the ••roLtion of any vtructuro or object, nrw nr--it the growti, or
nnlr trees on the land ertn r•:ved hr•rinjnAer. v bieh wrt,t!rl ,.„ -r t,:MR rt
obs?n+rtion i0thin the •:tandrrtls nstnblfyhge ur•trt t•rr vr,t yr•t A•fiatiar
Adminim.tration ReguloPons. P. --rt 71, i- imtenrloo. 1:• :,;r s.-v,•T.r live rfn«r•v; ir•
covenant is, brtteched, the rity roe •.•yes the richt to r rter oft t},o lrnri
conveyed hereunder Aad to ref»mfe the offinctinv str•ur'turr n•• ehjer:t, nnr} to
cut the offending trce.:J1 of which shall be sit the P7-rversr• of the i,r•rT!a or
its heirs,or successors, or assigns.
(c) The Lesrwo by Accepting this- ets"t eynncr c+ prearrfy ryrere
for itself, its re}trefwnintives. sunces"rs, Ar,d asrfyns. tl•at it will not m:•}a:
use of the raid property in my manner r•hirh tniffht in+.r•rfrrr W411 tlmr. InuAi••sf
and tokirg off of airernft from raid zk-nal Airport. r••• r.thc rsAye frrratfni! r,n
airport hnvard, in thp. event the rtfr•rf stir} crmrmn.•nt is brc:ichnd. tie city
reserves the right to enter on the ;And cr n rey^d hercttrdr•r nnr' ctfuae the
abatement of t ueh interference at tale arpense n! the:
27. Pfaht to Pnjoyrrettt And Peacr.tble Pet c••_sirtn: City hereby
rgrees and covenants: that the t,nscr(:, upon tiayinr; rent Ptrd uetdctrmfng
other covenanta, terms and conditions of this t nitre, shall im-e the rfght to
' quietly and peacefully hold. use. occupy and enjoy the said leased premises.
28. Lessee to Pty Toy": 1,f ssce s1:all pony till lawful taxes and
assessmfnta which, during the term hereof may become a Jim upon or which
may be levied by the state. borough, city or my other tax-levyfntr body,
upon any taxable possessory right whieh Lessee mrty line in or to the
pretakes or facilities hereby Tewserl. or the imnrovenients thereon. by
reason of its use or occupancy, nrovidert howeo—r. tint ttothinsr herein
ii contained shall nrovent Lrrs.see (rano contel.tinr the legality. validity. or
application of any such tax or nsscssmont.
20. Spee.1.1 crrvfe,:t•: T.—own nvrr,nq to nav i,nsreor n rrmtnxtnab}e
cherge for any tpvulal wrvicrs m• fnrrilitina reuuired by T,ew:m in writing.
which services or rnrrilities are not pru•ffded for herein.
30. No 1':n•::•r •••.yio or .1ofitt t'• Ttit:r•• 1'r• .Aril• It if.. r•vn••ri:m:ly
t1rAn,•.r}riiv) 11wt the Mfv • t•:i}1 tint he enni:trso-d or r•r•1/l to fie n nnrtner rte
joint venturer of Lei.t.ce, in the, conduct of 1110ne14r, on the demfivmd pl•c•mkien;
Pa}!e Stix. LFASF,
r ~-f is � i -i ii� - n i •ill
if
!i3
( and it I!. 4w• pre•e•ly under%tc:.xl and e.hr••rit thfd•the rt•latifamloip hetwi-en the
t. lvnrtir. hereto f!:, and mail ni all tir•u:•, rews in. that of landlord anti tenant.
_; 31. tb•f'utit t: tnl.rwplev, etc.: If lire iwf.}ee uhrill ir„•+he any {
anOgnry.y+t its• tlty bett••rit u' er••rli:ori, nr �.h•tll 1rn . djur't!••ri a hfsnl:,upt. rrr
t if ;t reeeiver it: r,pjd.11:fnA far tit•• 1,exf..•,• nr 1.' .:rn'p, :•} geth, rr- r.ny inters -1
r, Unt',!t• f}sir: 14•:••r•, and if thf• ::,t1.oi++ir•t••nt r.r i:p• retr•i••••{• i" not :•'tcatr4
t• v R11:11 five (.r,) (LSA;-. or if a volunt•try gciitirti: i• file'I ur,i rr It'e ion 181.0
Of tl:c t!;at};,•„1,1:1 Aet by Me L-sm e, th,-n -rpt irr ran' ^•r•rt , the r itv fn:y ,
u1/0n thing the l.e:t•'eC tf41 (10) R',t's' nnti,•n, (r•t•pan',te tHr. 1 r•'rpo.
i�, r,,.., •t.. ,, .nr . v, .t t••..;..nr r � rrf ;•'.c U ivt,t• • '1'{,n ;t,.,y.gt'•tve
,•f ca •r^ns and f'•.• try mt. rity `ew nr.v tier)tat a, peri•,'ss +•'ter ttc•r:,stlt el
the.. Uwe- f en; :•Y'I es,tirlitirq,t. /•rte;p if, I., t)ei•f.r r•ct1 t.tr tits 1; •.•oe.•
!?hall tint in. dcetvol •+ .c si• rr .,f r,t•v idf'1,! r.t• tt:'• 1•snd .' (?•r• rity ra inrr,lr• ••.
this arrei:,m?-t! for failure by t?•.• 1,es}.¢c• to pot4f.rm, 1'etf, a» obpmyo any
of tht• tr•rin•. em ccetr- t rt•: or votteitinrk intrad.
33, (S• H•...rtint.:.; 'r'i•ic f ej,e i.• :itisie,f tr, nAr erti... •,.
if the 1,estee dex•': not in.-intaic Pitch rrr.•rMionc oa th•, t'fty in if-. Y;I,.- rtf ':rr•!`.t :•
MPH determine to be.. rensonvbin, or if the hts.:x o fail!; to t—Intain a vt•tlf
or fn ilities troffici?nt to re3r.unrtbly evecitte if:e f•urll'•:,•• for i•'itfdn M!r'
i"ne is prranted.
34. Fai�Ptinnr:_ 'phi•: tfat}r• ir, 4uhjc,:t to enneniktirm if
the 1.esree failf, Iry Ful 11if4h xueh ,:'!twice on n rn;V, ecttr:•t P"O i;cA unjv211y
d1wrlydnatory bntin to sell thereof, rsr fni?ri to eb rge Gt:r. +-en.-ttnabla
and not unjuntly disc'riminatrrt•y Prier; fin, r•{r t• unit rt- nn,•..rr• •• 'V• "rd,
that ti'^ f.."c;r. •-..v >,, tt. ,..s ,. ;,• . . ;,I. i:•.:urtnrt'
rte ....•., . • .., . .r ±•:-c+lfetiona to •�•�Itf!^p
35. Confrolt`to Prt:vrnit itirr-9+-;n'•tfon: Chy rc"-*;en th'+ rfvf•'
to approve all charges -nd prSvileger: eyttnr' d tri or 'r:trt,•.1r1 frrw !i,�
pubife, in order to inaut•e. ••eaftmahlr• nrra'n'! nn !-Ir• e
diseritrinaticrn or s.-greentfmi on the hosis of r3ee. enlor, erend or PI•tim-0
origin. or for any other related rertfxn.
36, t ondiscrimination: The I-exf;ec. for himself. his heirs.
personal reps eaentntives, suceesscrs in interest. and Psai!"ns, n- a Port
of the eonsfderatiren hereV1, clots hereby covr ant anti ngrer as a co«ent•nt
running eritb the land, that in the event fru;illiles are eonn!rueteel, mainirtfrc tl.
or otherwise operated on the snit) property dexcribed in this f,00se, for a
purpose involving; the provision of driilar IIA—!—vices or benefits. the i.nsrro.
shall maintain and operate such fneilitien and senifee-n in oomriliance with
all other requirements impcwed pursuant to Title 49. rode of Federal
Regulations, Department of rranswortation, Subtitle A. nfffeo of the
Secretary, Part 21. 1londiscrinination in Federally -of Fluted Prorrains of
the Department of Transportation -- Vffectuation of Titin VI of the Civfl Rirhtc
Act of INC and or. said itegulat.ons may fie amended. That in the! event of
breach of any of the above nonciiscritnination covenants. the City shrill hove
the right to termloate the f ea}:c• and to re-ei{tor and rcpol:{tess said land and
fneilities Mcwtou, and hold the ••rsr+e As if pair) !soap. find hover been martyr or
issued.
37. Nandinerimin:.tion: The i •!f.ure. for bunsO(. hip, persont•1
reprerc:ntative. succctsnorn inin intrrre•4. and arsit!ns. as a Part of thl,.
eon,i.teration h,•rns.f. noes h••; eloV eaiven»rt nor' st{,rre•• na a aov'•tu nt turn's,,
Paru seven, l.EASP
HIM
n
f
With the )'told that (1) no t.er+son on the• r'+•outitl : of rune, entre•, ar nntional
{ Origin Musli be excluded fraav partieiptitfoil in, deniert tite br•nf•fitn f+f, (-I-
1;
r!: he attrcrt. is:e xul.jr•etpd to di•:eriminntir+n in the utr• of saint facilities; (2) Heat
ain file rvn•.traetian of wly h•+nrovrenetita em, ever. or und. r such ianA :+n•t
• the fnruis.hintt of ssf•rwir.•s• ihore•frn, no prrcrat on the r:ronrriK of racy. rola••. .
or witiorni oms-in shI her <rttiCeA from nartu•israinn in. demr•A the bePerit•:
i;
of. or otherwise be to di-%ri:rpt• '• r•: :"t t'•-, r:hnfi
use Iter in rrrrniinnee with till Wit •. c•1•:r, •, t s: n r.• s.t Is
tit• purse int to Title 49. r'eri� of i'f•del•ul '.r•r•vleai•mk. nep:n tin• tit of
Trapalr.rt-tifm, �uftvtie A. Office of the P•+:•t ?i, Vnnriisrt•inlin Bien
in Fedur.ly-w;sinted I+t•..irrnm•r of tl.•e fveptwt1r.^nt of Trnit%po••ation --
Mwtuation of Title l•1 of the Civil Pit!hts Act of 196.1. -ins' -es s iid 8'rw•ui::1f.!
may be amended.
That in the event of branch of :lily of the rhove- nandiscrimir•••s! •:
cmn.•nentx. the City sh•111 have the• right to tprr•iindo file t.ew a and to re -e
and repoxsrns g,td land and the fur_ilitins thereon. end bel -4. five •:nine at ;f
said Lease hart nevor txmn r•arM or islitv!d.
38. Partial Involidlty: if anv te^pi. provision, condition or
putt of this ls!ese is dce1:•red try :. &n A r+f fminix4mit jurisdiction to be -
Invalid or unconstittiVom.f. ilvp rrrtaining term. orovi0ons, cordition : o
parts shall continue Ifs full force and effect as III finch declaration wits
not made.
39. Parol "orlificationf: it is: inutunlly utide••srttirvi and nrr••r•rt
that this tirreement. as wi-itten, 4nvrr•i ail ihr• and rtinul: fel.•
between the parties, and no reorexentf•timia, oral or writs m. tvnvc bf.pn
made mortifying. adding to. or chaneirp !hc forms hone cif.
40. 'o:•rr; rtv: Tye r -it,• erw+w r:.,
which Is the subject cd inis Loam, is Suit^a f,• •,.. e• . �, .• :: .
rind nn fait:r r'.t +• rf . ••1 .» F •1!:• .1 • . . . . • •. . • s..•o'anblP or stuitat,le
to • s�.+•1•,y t:..- prolu;:ty in such use.
41. Additional Covennntx: l.ostwe ngrre" to Ruch additional tor -4
and covenants as are rc:t forth in schcdu'e it. nett telitd.
1N WITNi•:SS WIFliF•(W. the parties Ii n-ato have hereunto rv_d
t' their hands. the day and year stated in the individual acknovtledgments beloty. .
r' CITY OF VI NAI
i' By
Pogo irirrht. LEASH
C
M
CORT"RATIOM
STAIT OF ALASKA
.!Fn!r! t!.
Before Pit-, the tinderMriwil, a "Int -my Public In and for the %t,tts,
on 'H -C day personally app, ta-f-A
Pnown to rie to 1%v the persons and c.,'f k!evs
11.1n !S M" Lease. who bring duly swor"
did smy t!wt tlj,.,-v vre Mr.- 1'resisic-1 ;Wli
and aMcnowleeged to me tbnt fl!�)- evecutod mifrf tis. their
deed in their f;;Ad en!,acitips. and the f-vo net j:nd ri---d nf i.afel
for the psjrpos,,:. -;tftcfl 1hir".111.
GlITY V&1'1117171 MY YJANM ANr) qVAl. (IF M-1 WV. 'Hc
of
vfvl'Altv W"i
APPROVM AS TO FORM by CRY Attorney, this dny
Of 19
FITY
19171AL LFASE AIIP.'tO%:Fn by rourell. th;.t. d,y
Of 19--.
clTy rT.Fnir
ASSICNIUM APPROWD by 'Conaf Planning re-sminirvion,
this __day of . 19
ASSIGNMENT APPROVED Ity City Council. this day
Of
CITY CURK
Page Nino. LOUP
rd -
M
CORT"RATIOM
STAIT OF ALASKA
.!Fn!r! t!.
Before Pit-, the tinderMriwil, a "Int -my Public In and for the %t,tts,
on 'H -C day personally app, ta-f-A
Pnown to rie to 1%v the persons and c.,'f k!evs
11.1n !S M" Lease. who bring duly swor"
did smy t!wt tlj,.,-v vre Mr.- 1'resisic-1 ;Wli
and aMcnowleeged to me tbnt fl!�)- evecutod mifrf tis. their
deed in their f;;Ad en!,acitips. and the f-vo net j:nd ri---d nf i.afel
for the psjrpos,,:. -;tftcfl 1hir".111.
GlITY V&1'1117171 MY YJANM ANr) qVAl. (IF M-1 WV. 'Hc
of
vfvl'Altv W"i
APPROVM AS TO FORM by CRY Attorney, this dny
Of 19
FITY
19171AL LFASE AIIP.'tO%:Fn by rourell. th;.t. d,y
Of 19--.
clTy rT.Fnir
ASSICNIUM APPROWD by 'Conaf Planning re-sminirvion,
this __day of . 19
ASSIGNMENT APPROVED Ity City Council. this day
Of
CITY CURK
Page Nino. LOUP
__ ';=----:�.=_T_ _ :_ ;�---...�.,- . '; -..� -�. ._ .._--.- _ ... •--- ---__ _ - •-r< ��- . _ �- -.-= � _ -yam ��r - - - -- =: - -_ _
STATP OF ALASKA )
it i fiA.
_--- - :� TLIPtf) .ti'MrIAL 11S1itl -T ) ii
I'
On this dny of to �..r,... ,.. .u..
Dnp+ sl to he the vormn t•fsn
executed the above Lr:,ee, nnr} nr)cnn:•tr•gg.rt that he (che) had the nufflarity
to sign, far the puruo•..--, ltMed therr•iu.
'1'v corer+%s}nn rkrires:
STATE OF ALASKA )
45.
THIRD JUDICIAL DISTRICT )
On this~ .-_____day of 19 . before Poe ncrw. n,••I}y
apprared , known R- b� the perrnr tr'Y,
executed the above Leas.e Pnd ncknuwF;;v"ri t}sr bushr;nity
to sign the Mtel-, for M, purpn,�ea -i -Wd t'=nro}n.
- I
yr rArY wisLtf F(11! Al +%PIf1. _-
Ply eor•ink-tinn
ACKNnti•tEW01"NT FOR ai+cn„ "n AVn lelrr•
STATE. (JF ALASKA )
ss.
THIRD JUDICIAL DISTRICT )
!� Before me, the undersfgneA, a Votary Public in Pne, for the StMe
da
of A"La, on this
Y Personally appeared
and . husband and wife, both known to be. the
persons ubose names are subscribed to the. foreeoing Lease. and ael:nowirdf.ed
to me that they executed the same as their free nn(i voluntary act and dead.
f - and for the purposes and consideratinns therein erprof se.d.
GIVEN Lii►IM MY ItA++dl) AN'!) FEAT. OF nFFICF. this
day
of . 19
1
i y
1 1
i .
F
14n•i•Al2Y Pts>si.IC M-1 ALASt(A
"IV Commission 4rpir-h:
h�,
The following are di::butsements ovcr $11"00.00 a:hich need
Council approval:
VENDOR A?IOUNT
Homey Electilt,
5,100. i5
Burgess Construction 840.00
Dawson 6 Co.
1,500.00
Groh, Benkert $ Walter
3,682.08
Leo Oberts Ins.
799.80
McKee Janitorial
1,546.64
Motorola
1,351.S0
Yukon Equipment
2,188.46
Dawson $ Co.
685.00
Glacier Telephone
1,281.60
P. O. 1 DrCCRIPTION
Juiy consumption
Raising of 2 manholes
Balance from 10-74
Excess umbrella liability
Filler vs. City services
Police Professional
Liability Policy
July services
Repair invoices
Parts
May's Workmen's Comp. prem.
Current bill 6 tolls
4S commercial licenses
July withholding
July withholding
110 commercial licenses
Payment on re -lease of
ball park
2nd Qtr. Taxes
2nd Qtr. withholding report
July Group premium
Middleman check
Items to be ratified
Dept. of Fish 6 Game
571.12
National Bank of Alaska
9,751.20
- __-
Alaska Municipal
Employees Credit Un.
2,142.00
Dept. of Fish 4 Game
1,751.41
Peninsula Oilers
6,362.02
State of Alaska
6,483.61
ia""..,
I.R.S.
9,945.50
Travelers Insurance
3,S26.44
•a
Union Oil
2,803.92
i
Date: August 6, 1975
P. O. 1 DrCCRIPTION
Juiy consumption
Raising of 2 manholes
Balance from 10-74
Excess umbrella liability
Filler vs. City services
Police Professional
Liability Policy
July services
Repair invoices
Parts
May's Workmen's Comp. prem.
Current bill 6 tolls
4S commercial licenses
July withholding
July withholding
110 commercial licenses
Payment on re -lease of
ball park
2nd Qtr. Taxes
2nd Qtr. withholding report
July Group premium
Middleman check
I�
0
CITY OF KENAI
ORDINANCE NO. 270-75
AN ORDINANCE of the City of Kenai,
Alaska, amending
Ordinance No. 264-7S of the ri t y passed and
approved Jill",- 4,
1975 by making a supplemental appropriation
of $123,000 to
reflect impact funds received from the State of Alaska.
BE IT ORDAINED by the Council of the City of Kenai,
Alaska as follows:
The 1975/76 Fiscal Budget of the City of Kenai be
increased by $123,000 as follows:
STATE IMPACT FUND REVENUES
$123,000
POLICE DEPARTMENT:
Salaries
$ 28,000
Operating Supplies
9,300
Machinery and Equipment
7,000
PUBLIC WORKS DEPARTMENT:
Salaries
40,000
Operating Supplies
15,000
Machinery and Equipment
5,700
COMMUNICATIONS:
Salaries
18,000
$123,000
PASSED by the Council of the City of Kenai, Alaska,
this day of , 1975.
CITY OF KENAI
JAMES A. ELSON, Mayor
ATTEST:
Acting City Clerk
FIRST READING
SECOND READING
EFFECTIVE DATE
i
CITY OF KENAI
AUCTION
PLACE OF AUCTION: City Manager's Office
City Hall - Airport Terminal Building
Kenai, Alaska
:I DATE OF AUCTION: Monday, July 21, 1975
12: 00 Noon
I
Subject to the provisions of Ordinance 75-258 and pursuant to the regulations pro-
mulgated thereunder, and contingent upon any conditions pertaining to the parcel
on file with the City Clerk, the City Manager or his authorized representative,
will sell to the highest qualified bidder at Public Auction the following land located
within the Kenai Recording District, Kenai Peninsula Borough and the City of Kenai.
_! UNIT FOR SALE
iAll of Government Lot 1, Section 4, T5N, R11W, Seward Meridian, containing
39.99 acres more or less zoned rural residential. Entire northern portion
_i borders on water and sewer. Property located adjacent to Kenai Central
High School in an ideal residential area.
Terms of sale are:
1. Ten percent (10%) down;
1 2. The balance of the purchase price due by June 30, 1976;
3. If paid within sixty (60) days, minimum acceptable bid is $40,000,
$20,409.72 in water and sewer assessments. If paid after sixty (60)
days, assessment back penalty and interest are due, figured at:
a: Ten Q00 percent of $24,413.61 for each year 1971-1974 (penalty).
b: Eight (S o) percent of $24,413.61 for each year 1971-1974 (interest) .
; I
4. Conveyance will be made by General Warranty Deed;
�r
5. Alternative financing proposals will be considered by the City Council.
+ Additional information may be obtained by contacting the City of Kenai, City Hall, Kenai
Terminal Building, Kenai, Alaska. Telephone number (907) 283-7535.
o
C!"Y Cr KENAI
of
NAME —Cita*
002-11 ASSESSMENTS
7 0
1"7 GSNZRA� PiRPOSE G. O. 80 -NO REDEMPTIO14 FUND
000sl
`7 3Z
e..TA='l S-=.: 32�
10 visa WSTAU"PlT To,", L--* J1, w,:5
P;l
t*STAL;. Iwo. :EoAT*^:rl'ZA# TOTAL ASSZSS� NAAVO:;N-- CF PELTY INTEREST DATE PAID
PbO
AMOUNT PAID eALANCE Due
4
17/
5
Vy/ ise
6
7
-74
12 VVI
10
•
City c.' Kenai
DT swr.
'Ocx $80, Xvp.ai I t;. ; xr-h Ara 4
^?Dmovi
see. 4
o
!� �• I r III I I- i i - in rti n l l nIli II
CITY OF KENAI
PUBLIC AUCTION
7/21/75
NAME ADDRESS
JBM VENTURES P.O. Box 554 - Kenai, Alaska 99611 2
r,
John Williams P.O. Box 1315 - Kenai, Alaska 99611 2
Michael A. Adams P.O. Box 8 - AneheraoP. Aismica
NO. NO. AMOUNT OF BID
83-7905 1 a 30,000.04+
83-4960 2 25,632.41*
X33-9658 3 25,000.00 (ca9t)
I
- 1
1
1
I�
r
I
ATTEST: WITNESS:
f ,
� Following stipulations - � �
1. 10% down, one-third pay off per year (three year pay off) .
2. Partial release clause for development purposes an money turned over to the City until final payment is received.
• 3. 8% interest.
**Letter and stipulations attached.
f � 1
A
I
I
I
z
i -
- I
I
`� - -- ��I��I I -- J �s^� i� II•I III
P.O. Box 554
Kenai, Alaska 99611
July 25, 1975
City Council of Kenai
City of Kenai
City Hall
P.O. Box 580
Kenai, Aalska 99611
Attention: Mr. Rolind D. Lynn
City Manager
Dear Mr. Lynn: Re: City Auction of Govern-
ment Lot 1, Section 4,
Township 5 North, Range
11 West, Seward Meridian
containing 39.99 acres
more or less, zoned
rural residential
The following proposal by JBM Ventures for purchase of
subject property is offered as a written restatement of our
representative, Mr. M.E. Siekawitch, at the City Auction of
July 21, 1975.
GENERAL
JBI4 Ventures is a partnership comprised of Mssers. M.E. Siekawitch,
J.H. Cummings and B.E. Canson, long time tax paying area residents.
The partnership was formed for the sole purpose of acquiring and
developing subject property.
JBM plans an orderly, well planned development of this property
programmed to the needs of the community. We envision a complete
first class subdivision with reasonably sized lots, underground
utilities and paved roads. We plan to retain the natural beauty
of the bluff and ravine areas of the property wherever possible.
Approximately, one-half of this property has questionable
development potential. Such areas, where development is
impractical, will be used for space relief and possibly small
park areas within the completed subdivision. Selective and
restricted tree cutting, requirements that future lot owners
connect to city sewer and water facilities, as well as other
covenants will be established so as to retain the natural beauty
of this property and to provide a healthy dwelling area.
E Mr. Rolind D. Lynn -2- July 25, 1975
Every effort will be made to progress on a timely, orderly
bagi s nn»a i atar+t with our nce lni ty l s needg Local contrantoro
and services will be used by JBM as required and wherever possible
in the development of this property.
The following will confirm our oral offer made at the time
of the auction.
E
0
JBM Ventures herewith offers to purchase subject property
from the City of Kenai for the sum of $30,000.00 under the
following conditions:
JBM agrees:
1. To pay ten percent of purchase price upon City acceptance
of JB24's proposal,
2. To pay the City one-third of the remaining principal
balance plus accrued annual interest on or before
June 30, 1976, to pay the City the second one-third
of the principal plus accrued annual interest on or before
June 30, 1977 and to pay the City the final one-third
of the principal plus accrued annual interest on or before
June 30, 1978.
3. To bear the cost of title search and title insurance
for subject property.
4. To immediately transfer to the City of Kenai, the net
proceeds from any and all subsequent tract sales made under
any partial release clauses the City may agree to until
such time as JBM's indebtedness to the City for subject
property is completely removed.
5. To pay the City an annual simple interest rate of
eight percent on the remaining principal balance until
such balances are repaid in full,
The City of Kenai agrees:
1. To allow JBM immediate rights of access upon formal
acceptance of our offer for the purposes of surveying,
engineering, construction and subdivision with the
understanding that the subdivision work of property shall
be accomplished in an approved fashion.
. r -.1. -tri it .• f�.�_it. �. - ` - __ _ _.y• -tw_-.ate. �_ i i 1 i i i t i iY.f�
Mr. Rolind D. Lynn -3- July 25, 1975
2. To make conveyance of title to subject property free and
clear of All l eng, encumbrances and assessments. JB2:
assuming responsibility for real property taxes after
acceptance of this proposal.
3. To partial release clauses whereby JBM may proceed to
subdivide and sell approved subdivided tracts prior to
complete pay off of property by JBM with the understanding
that any and all net proceeds shall.immediately be
-surrendered to the City of Kenai for application to any
remaining principal balance JBt4 may owe the City for subject
property. Such transactions will be escrowed to the City
or handled in any fashion the City may desire.
JBM hopes that this statement clarifies our bid proposal and
development intents regarding subject property. We will sincerely
appreciate any and all consideration the City may give our bid and
will gladly supply any further information you may require in
reaching a decision regarding our purchase of this property.
Very truly yours,
ttii
B(EUNWANSOR Partner
JBM Ventured
BEC:sp
= f`
k
�Y
' 1
ii
e
sr
V
- '_ � _ _, •_._rll I I I I I I I I � I I� I I I III 'II � I il• � �� � � , ' `. . - c. - '-' � ------ _�.-__
REALTORS
July 18, 1975
City Manager
Care of City Manager's Office
City Hall
Airport Terminal Building
Kenai, Alaska 99611
OBERTS BUILDING
P. O BOK 456 - KENAI. ALASKA 99611
PHONE - 283.7591
TELEX 902.5151
Subject: That portion of Real Property known as US Government Lot 1,
Section 4, Township 5 North, Range 11 West, Seward Base and
Meridian, as recorded in the Kenai Recording District, Third
Judicial District, State of Alaska, containing 39.99 acres
Dear Sir:
After careful consideration and full investigation of the above described
property, I would like to offer the following bid for the City's consideration:
$25,632.41
Payable as follows: 107. downpayment with balance due and payable by June 30,
1976 and to include 8% interest on the unpaid balance from the time of
acceptance untill the time of final payment.
Stipulations:
O1 The City shall allow the buyer access to the property for
the purposes of engineering, survey, roast building and
utility installation
- #2 The City will allow release clauses on certain lots at
L a price to be arranged if the lots are engineered and
sold prior to June 30, 1976
#3 The City of Kenai, in making conveyance by general
_ Warranty Deed, will furnish the buyer with Title Insurance
A!
and a Title Policy in the amount of the sale price.
t. The Title shall vest in the name of John J. Williams
and Sharon L. Williams (an estate in Pee Simple) as
tenants by the entirety with sole right of survivorship.
i
REALTORS (/
August 1, 1975
Kenai City Council
City of Kenai
OBERTS BUILDING
P. O. BOX ASS - KENAI. ALASKA 9"111
PHONE: 293.7691
TELEX 902-6151
Attentions Mayor James Elson
Subjects The NE's, NEk, Section 4, T5N, R11W, SBSM
More particularly that 40 acres lying south of the Kenai
High School and Junior High School Complex
Gentlemen:
After due consideration, I present to you a preliminary plan for the
development of that said property.
By way of introduction, my name is John Williams and I am an agent
for the Leo T. Oberts Company, Real Estate Sales and development. I
have personally been responsible for the construction of approximately
_ 50 new homes in the general area in the last five years. This year, I
_ ass representing 14 new homes that are presently under construction.
With the advent of an ever growing populace, we are finding it necessary
to explore all realms of possibility for the development of decent
building sites, preferably within the City of Kenai and preferably on
the City of Kenai water and sewer utility systems.
The particular type of home that we are building and selling is for the
l low to middle income purchaser who cannot afford and does not wish to
j purchase a lavish $60,000 to $80,000 home. The majority of all our homes
have been financed through the United States Department of Agriculture,
Farm Home Administration and as such, we are limited in the amount of
money that can be expended for property acquisition. Without this type
of loan, a tremendous number of people within the City limits of Kenai
would be without housing.
In contacting the United.States Department of Agriculture, I have been
informed by their state representative, Mr. Jerry Glor the State Supervisor,
that they will not be accepting any subdivisions for approval of homes
from this time forth if the subdivisions do not have public water and
! sewer systems and are not built according to their standards. I have
discussed the 40 acres in question with Mr. Glor, and he has given me every
---- assurance that the Farm Home Administration would approve the development
-_ of a subdivision such as I am proposings therefore opening the way to
REALTOR'
-i
.1
I
. inexpensive property acquisition cost and development of new homes.
We presently have four first class subdivisions currently being served
by City water and sewer systems. I am sorry to say that I have been
unable to arrive at an equitable price on any of these lots for the
construction of this sorely needed type of housing.
I have discussed the financing of this project with my bankers
and they have assured me that every attempt will be made to help in the
financing of the project.
If the City Council can see its way clear to sell this property to ate at
- either the price which I have quoted or a reasonable price to be
negociated. I will personally quarantee the following:
S designed accord all State Borough,
1. The Subdivision will bed fisted ing to : ugh,
and City regulations; and all planning will be developed,. -
hopefully, with the full cooperation of the City Planning Commission.
2. All roads will be built according to City standards and under
the inspection of the City Engineering Department.
i
3. All water and sewer mains will be built according to City
standards and all homes will be fully approved and inspected by
the United States Department of Agriculture, Farm Some Administration
and the City Engineering Department.
4. I will guarantee the construction of 12 new homes during the 1976
construction season.
j' The construction of these new homes will add a tax base of $540,000 to
the City of Kenai which will result in $11,880 of additional revenue to
the City of Kenai. With the development of approximately 48 new homes,
- the additional revenue to the City of Kenai will be approximately $30,600
per year at the present tax rate. While the original acquisition cost
of the property will not secure a windfall of revenue for the City at
ithis instant, the first 10 years of this planned community will bring
the City some $360,000 in revenue.
As we know, the City of Kenai is about to undertake a sustained growth
period, the likes of which has not been witnessed since 1967 and 1968.
Gentlemen, we must prepare now, this year, and preferably within the
remaining months of 1975, or we will once again be -caught short as the
City of Kenai has so many times in the past.
Sincerely, C
Jo Willi
30 July 1975
City of Kenai
Mr. Rolmd Lynn, Manager
Keaai.,Alaska 99611
Dear Mir. Lynn,
In reference to our recent telephone conversation. -
Our group is at this time is interested in ,purchasing the 40 acres, r
located near the Kenai high school that was recently offered for sale - -.
by the city of Kenai. -.
He are prepared to Meet tho minimum purchase price on the following
term I
10% down at purchpse
Balance due, in full, on/or before 15 July 76
- Thanking you in advance.
- Sincerl i
- _ t
John Co Curtis„ President
_ I
,j
i
I i
y 333 4093 3-3951
PHONE (907) 3"KMW P. O. BOX AiSXti4X ANCHORAGE, ALASKA 99502
- 1
�$~. ijr •r
TO: Honorable Mayor and City Council
FRG►`•i: Ci Ly �•ianaKer�y,�
SUBJECT: Petroleum Products Bid
DATE: August 6, 1975
The attached tabulation shows the results of the
Petroleum Products bid held at 10:00 a.m., August 1,
1975.
One bidder offered a S; discount if payment is made
within 7 days of delivery of the products. By taking
advantage of this discount the City would realize
substantial savings. In order to take advantage of
this discount, Council would have to authorize the
Finance Department to make payment and then ratify
payment at a later date.
If Council elects to accept the 5% discount, the
Administration recommends the following award be made:
Doyle's Fuel - (S$ discount offered) Bid S$ off
12,500 gallons non-leaded gasoline 46_.TZ7*ga1. 43.814/gal.
33,000 gallons regular gasoline 45.12¢/gal. 42.864/gal.
25,000 gallons 02 diesel fuel 33.6¢/gal. 31.9¢/gal. ,
200 gallons kerosene
424/gal. 39.9¢/gal.
Alaska Oil Sales Inc.
'
5,000 gallons #1 stove oil
38.6¢/ gal.
800 pounds RPM Lube 90 grease
304/pound
400 gallons cleaning solvent
77.94/gallon
55 gallons automatic transmission
fluid Type A
$1.99/gallon
S00 gallons Anti -Freeze Glycol
$3.9S/gallon
Standard Oil
-_-.-`
S00 gallons multi -machine oil ICH 9
$1.22/gallon
800 pounds RPM multi -motive grease #1
36.754/pound
r
1,200 gallons RPM #10, 020,#30,#40
$1.85/gallon
No bids were received for 60 gallons of
degreaser.
_^
All bids submitted were subject to the
along to the City any price increases
vendor passing
or decreases they
_y-=•;
a
receive from their suppliers.
.� er.: Au /.:
r.cc 1'r-.. 1G"••tL: ct ;)
• i!
�•
ttt;:ra::S
nr.:rl:r--rr:r:
u:n"r1_•sr,:.
77
,i
-
•a:
12; LO gelltms
I:rn-IcaC.� �al:rte
!'. �•, r
i --%
� I
per p1l n
. � r
,'
33.00 gsllans
P,egular gatelire, omane rating
l✓iEm a ., (us
P3 (rc-sc, ret) 23. F2 (radar),
0 ,r
14, 1z.•
OS minima f•
ycr Slo1u
i
30.000 yltors
5.041 pfis. 01 atwe nit
, r�.r G
S S. G `-W
. l„t 4 :Z1 t,
25.06E Pals. 62 rk-set fuel
i %•1 '/t . j{ .1
:// rj Zrum
�. (, t�,/seL
Per galiup
1.2.0 gal:m:s
MWI Ue:o SJper 2 Oil) RP14
Delo Fc: ies three radar e!1
K equal. 010 - 100 gals,
k0 - s44 gain.
Me 020 - 3000 Las,
Per gal3C4
50o Odtons
Y.ulti-r..echine uiI 1CII 0.
Hydraulic Mia sr.ulti-machine
ICH 2 &r ogn:.1
Per pdkm
j
30B yeuaQs
Rini :iulti-Etrv:ee Ccar
Lute 9e gra, P.1 �: alta-
r
J
1
acsrica CL SAF, s0 U equal
Per Po'u+d
�
W nds Pou
OMI ftulti-motive grease t1)
grease, Rml •.'.Usti-ritlie ell 01
-; /'-
or equal.
Per r—nd
400 ppm
(Chevron E2251:olveat) ekzntug
i
solvent. Chevron or equal.
.
Per PIfm+
55 p3lons
Automatic Transsnlu krn Yluld
••
Type
1.% /�
y
per gam
20o gallotss
keroteno
Per PU013
no pitons
AnY-Freud
A, P , l
3 3 q5 -
4U) ODI
Per PU-
a P,elions
Deg n—
fall"n
j'
F'esa•L �r•c/:.
•G c4urltisr (Y:ta
Chevron
Standard Oil Company of California,
western operations, Inc.
P. O. Box 1580
Anchorage, Al»aka 49SIn
July 24, 1975
4
of Kenai
O. Box 580
Ken
Genai, Alaska 99611
tlemens
ease find enclosed our response to your request for bids
or petroleum products dated July 15, 1975.
have included copies of our *Gasoline - Gas Oil - Lubri-
cants Agreement'" dated July 22, 1975, which is hereby made a
part of our bid. Please note that there are two separate
con as there is not enough room for all the products on
contract. If we are the successful bidder, please sign
and return two copies of each contract. The third copy of
each is for your files.
have signed the Bid and Acceptance Form, but we take excep-
fon to the clause No. 7 of your bid request and have so
dined on the Bid and Acceptance Form. The prices offered
our bid are day-to-day and subject to change at any time.
you for the opportunity to serve your petroleum pro -
to, and if you have any questions on the above, please do
hesitate to contact this office.
very truly yours,
STANDARD OIL COMPANY OF CALIFORNIA,
WESTERN OPERATIONS, INC.
WRRsmjs
a !` Enclosure
t _I
ys.
, 1
J > -
G
By
' V [
City
..
P.
-
P1
we
co
_
one
^�
a
-
we
t
ou
in
0
Thank
- -f
du
not
i
I
SFi
P. O. Box 1580
Anchorage, Al»aka 49SIn
July 24, 1975
4
of Kenai
O. Box 580
Ken
Genai, Alaska 99611
tlemens
ease find enclosed our response to your request for bids
or petroleum products dated July 15, 1975.
have included copies of our *Gasoline - Gas Oil - Lubri-
cants Agreement'" dated July 22, 1975, which is hereby made a
part of our bid. Please note that there are two separate
con as there is not enough room for all the products on
contract. If we are the successful bidder, please sign
and return two copies of each contract. The third copy of
each is for your files.
have signed the Bid and Acceptance Form, but we take excep-
fon to the clause No. 7 of your bid request and have so
dined on the Bid and Acceptance Form. The prices offered
our bid are day-to-day and subject to change at any time.
you for the opportunity to serve your petroleum pro -
to, and if you have any questions on the above, please do
hesitate to contact this office.
very truly yours,
STANDARD OIL COMPANY OF CALIFORNIA,
WESTERN OPERATIONS, INC.
WRRsmjs
a !` Enclosure
t _I
ys.
, 1
J > -
G
By
1
Bid and Acceptance Form (Continued) J
QUANTITY
12.500 gallons
33,000 gallons
30,000 gallons
1,200 gallons
•
500 gallons
800 pounds
800 pounds
- : -
400 gallons
�3
55 gallons
M.
;r
200 gallons
500 gallons
-_ - -_
60 gallons
S
}4
3 /
DESCRIPTION
Tion -leaded gasoline
Regular gasoline, octane rating
Fl (research) 93, F2 (motor),
85 minimum
5,000 gals. #1 stove oil
25,000 gals. #2 Diesel fuel
(RPM Delo Super 3 Oil) RPM
Delo Series three motor oil
or equal. #10 - 100 gals.
#40 - 100 gals.
#20 & 430 - 1000 gals.
Multi -machine oil ICH 9,
Hydraulic fluid multi -machine
ICH 9 or equal
RPhi Multi -Service Gear
Lube 90 grease, RPM Multi -
Service GL SAE 90 or equal
(RPM Multi=motive grease #1)
grease, RPM Multi -motive GR 41
or equal.
(Chevron 025 Solvent) cleaning
solvent, Chevron or equal.
Automatic Transmission Fluid
Type A
Kerosene
Anti -Freeze
Glycol
Degreaser
UNIT PRICE
No Rid
per gallon
S454
per gallon
#1 - $.401
#2 - $.382
per gallon
$1.85
per gallon
$1.22
Per gallon
$.3335
per pound
$.3675
per pound
S.Bo
per gallon
$2.15
per gallon
$.695
per gallon
No Bid
per gallon
No Bid
per gallon
1
e �_ •_ .•. � --- _ _- .`-_ --_--• --�� ' .d. - -- -- ---------__----y-i
Il �r 1"1�'i1 I1 WIII HILL I IIIA. 0111111111111 1 I I I IIS Imo-
f a
- I
-� CITY OF KENAI
PETROLEUM PRODUCTS BID
SCHEDULE A
i
BID AND ACCEPTANCE FORM
BIDDER'S NAM: ALASKA OIL SAL?S, INC,. (formerly Don Bailey, Inc.)
ADDRESS: P.O. Box 76, Soldotna, Al2slw 99669 i
---- SPECIAL TERMS OR CONDITIONS: L'•rce9tion to Item 7- All prices y y
quoted are subject to increase or decrease of plant hosted prices
s-
to us by Union Oil Co.
The following bid has been reviewed by me and is a firm bid on the items
requested, and is in compliance with the bidding conditions and specifications.
TITLE President V
j
I
Bid and Acceptance Corin (Continued)
QUAMTITY
DESCRIPTION
12,500 gallons
Non-leaded gasoline
33,000 gallons
-triil�r gasoline, octane rating
Hydraulic fluid multi -machine
Fl (research) 93, F`l (motor),
ICII 9 or equal
85 minimum
30,000 gallons
5,000 gals. 01 stove oil
Lube 90 grease, RPM Multi -
25,000 gals. E2 Diesel fuel
1,200 gallon
(I1PPI Dclo Super 3 Oil) RI';'I
(ItPh4 Multi -motive grerse 01)
Delo Series three motor oil
grease, RPh41��'lulii-motive GR Ol
or equal. 010 - 100 gals.
UNIT PRiCV
.459
per gallon
.496
per gallon
.386
.379
per gallon
1.85
per gallon
- 1.35_
Per gallnn
.30
per pound
.37
per pound
.779
per gallon
1.99
per gallon
.539
per gallon
3.95
per gallon
no bid
per gallon
040 - 100 gals.
020 & 030 - 1000 gals.
500 gallons
Multi -machine oil ICII 9,
Hydraulic fluid multi -machine
ICII 9 or equal
-- -- 800 pounds
RPM Multi -Service Gear
Lube 90 grease, RPM Multi -
Service GL SAL 90 or equal
800 pounds
(ItPh4 Multi -motive grerse 01)
_
grease, RPh41��'lulii-motive GR Ol
or equal.
---05
- 400 gallons
(Chevron 0325 Solvent) cleaning
-
s'
solvent, Chevron or equal.
_ 55 gallons
Automatic Transmission Fluid
Type A
200 gallons
Kerosene
500 gallons
Anti -Freeze
Glycol
J =� 60 gallons
Degreaser
UNIT PRiCV
.459
per gallon
.496
per gallon
.386
.379
per gallon
1.85
per gallon
- 1.35_
Per gallnn
.30
per pound
.37
per pound
.779
per gallon
1.99
per gallon
.539
per gallon
3.95
per gallon
no bid
per gallon
-__ - .P .. r --_
CITY OF KENAI
PETROLEUM PRODUCTS BID
SCHEDULE A
BID AND ACCEPTANCE FORM
BIDDER'S NAME: DOYLES FUEL SERVICE
I
ADDRESS: P.O. BOX 552, KENAI 99612
` SPECIAL TERMS OR CONDITIONS: 5% discount if invoices are paid
within T days of fuel delivery on gasoline and stove oil. Any increase
or decrease in Tesoro refinery Prices will be passed along the some day
effective. A letter will support all changes.
3
The foU(nving bid has been reviewed by me and is a firm bid on the items
requested, and is in compli4nce with the bidding conditions and specifications.
BY {•-
TITLE President
i
Did and Acceptance I"7orm (Continued)
QUANTITY DESCRIPTION
12.5.. gallons Noii-leatic.i gasoline
33,000 gallons Regular gasoline, octane rating
Fl (research) 93, F2 (motor),
85 minimum
30,000 gallons 5,000 gals. #ti stove oil
25,000 gals. 92 Diesel fuel
1.200 gallons (RPI%4 Delo Super 3 Oil) RPM.
Delo Series three motor oil
or equal. #10 - 100 gals.
040 - 100 gals.
#20 & 14;30 - 1000 gals.
'
500 gallons
Multi -machine oil ICH 9,
Hydraulic fluid multi -machine
ICH 9 or equal
800 pounds
RPM Multi -Service Gear
Lube 90 grease, RPM Multi -
Service G1, SAE 90 or equal
800 pounds
(RPM Multi -motive grease #1)
grease, RPMMultiGR #1
or equal.
i
400 gallons
(Chevron 025 Solvent) cleaning
solvent, Chevron or equal.
s.,
55 gallons
Automatic Transmission Fluid
-
.,4
Type A
I
200 gallons
Kerosene
,.
500 gallons
Anti -Freeze
Glycol
-
60 gallons
Degreaser
UNIT PR ICH
4612 _.
per gallon
.4512
per gallon
.47
per gallon
per gallon
per gallon
per pound
per pound
per gallon
per gallon
.42
per gallon
per gallon
per gallon
TEXACO
YV^fiMLKUM PpbbUCM
$ALM DEPART%jEti'T—U. S.
I
R L MIRUCH
i-%!.t"^'� rnrrwrcr srwfrwarn
I -
� Dl
TEXACO uva
1801 TIDEWATER ROAD
AN#.;kiuii^u&r. ALAtw.A 68601
July 14, 1975
r
•_ Mr. Roland D. Lynn t'
City Manager
City of Kenai
P. 0. Box 580 SLC
Kenai, Alaska 99611
j
Dear Sir:
with reference to your Request for Bid dated July 15,
j., we regret that Texaco Inc. is not in a position to submit a
proposal on your requirements at this time.
j
j Yours very truly,
TEXACO INC.
�/ ,
RTE/nw R. J. EHRLICH
M is rwyekd Papp+'
---
-�-- - - -- -- - - -■III I I I I lay III
It ■111.
III
GES,
-A STS 5
BID TABULATION
ANNUAL CUSTODIAL SERVICES
LIBRARY
FORT KENAY
PUBLIC
SAFETY
TERMINAL
Cost
Cost/
Cost
Cost/
Cost
Cost/
Cost Cost/
Per Mo.
Sq.Ft.
Per Mo.
Sq.Ft
Per Mo.
Sq.Ft.
Per Mo. Sq.Ft.
Alaska Guard Service $175.00
1.18
200.00
.67
400.00
.90
1,750.00 1.72
MW Cost. Co. 222.00
1.50
4SO.00
1.50
599.67
1.35
1,472.48 1.4S
Award Recommendation Do not award.
Alaska
Guard
Alaska
Guard
MW Const.
Librarian will
use student
help.
Budget Requirements - No change -
$900 to R&M Increase R&M -No change -
transfer from by 4,800.
P. Serv.
iS
7
,
c'. I
{
=I
;i
-I
I
�
$900 to R&M Increase R&M -No change -
transfer from by 4,800.
P. Serv.
iS
7
i f imu ilio - i i i i-_ -i i- rrrVli m i I I I I I I I I I II I Ili.
pbone
9404 Alaska SECURITY. SERVICE sa�a.as
I
I�
JULY 16 1975
I APISH TO OFFER JANITORIAL SERVICE TO THE CITY OF KENAI. �
° PUBLIC SAFETY BUILDIM $400.00 PERS Mot
PUBLIC LIBRARY $175.00 PEER: Ws I, •'f
AIRPORT TERMINAL BUILT)TNG $1,,750.00 PER: MOs
V^L
FORT KENAY $200.00 PERS MOs
BUILDINGS STILL BE KEPT REASONABLE CLEAN.
_ .I,�I . �� i�ii'ni �I I`I I I i I I I u ��■ ilii ��u � - -'�. I I IIS I IlIIII II 11 III II III I II � _..
of Pages
M W CONSTRUCTION CO.
P. 0. Box 1236
KENAI. ALASKA 99611
(907) 283 4351
Jw id fi�a
fTR[ET JOB tMNf
CITY, (TATE AMO Ila CODE JOB UXATIOs4 ot
AKWMCT I WE Or PLANS JOB PHONE
�We haft submit spephCi:tOni and estimates for.
I
s
10e 11l'D)toSe�hereby
l to furnishmaterialandel labor —/ complete in accordance with above specifications. for the sum of:
,LL /�OrtdCrsd _ Je X 7 _ f4Jt� e�' /i dollars
7 PyymerN to be rddde as fona.s: "�--
�.
j A
- - - 7 - k M alateret is pranabW to be as spaNRed. M Mort to be conWWW r a MartnranFta
anew scosrding to sterAwd ppctim Any awamb" or deviation trap stwre SPWA rs- Authorized
_ tiros krAW la *W* costs win be emoted orip upon urnI odes, and *0 insane an
etartte over aro ataM tteestiaWe. M sAraaarenes contirweA coon anises, acrMcra Note: This proposal may be
QeYya tleyand aro ton6d Onrr to carry Rre tornado end ohne naoessary tuaraau. '
Our aortas w rwh eovare0 brr watanea s Calapeasstion insurance, withdrawn tW us it rat accepted wilhi' days.
Asupla M>r st Vrovalld —The Rove prices. specifications
WW corigfitions are satisfactory and are hereby accepted. You are aWhornzed Sipature
to do fhe work as specilleil. Payment will be made as otuLned above.
Date
of AtCepfaiKP
i •
i
I
L�"qy
1_
k:
nl k
. _ _—._ ___. - - - - i--� .... ..�- qf'..-..w-:., - I ISI I ✓ II I � _}� < . , " _ � - - _ ..-
Page No. of / .. t age
101"
t
IN W CONSTRUCTION CO.
P. 0. tion 1236 a
KENAI. ALASKA 99611
. (907) 283.4351 !
PROPOSAL SUBMIT'TED To
STREET U_
CITY STATE AND IIP CODE
MWWTECT I DATE of PIANS
We hereby stbmit speatrcatwns and estimates for:
!� OVPHM-�s9
Q -,�� r
oATE 7;l� 1p 1172�-
JOB M"L J
Joe LOCATION
PHONE
Pt, le car clo . ro t1r. 7, /-i r s.
WavA /v �C
13+Sfv�c r s 4s ju1%41 i� cfe� 07eAfw,'w
i • _____-- _-- Ivy6 70
101? 14WOBir
hereby to furnish material and tabor — complete in accordance with above specifications, for the sum of:
7Ub dollars ($
- Payer to be made as follows:
Ij{f Q
Aa xwWrisl b wwantee0 to be as specified. AN oat to W com*W in a woramanfite
i ASMIaf aCOaeina to stanesrO paetices. Arty alteration a derntim frau stow ape Sts- Auttwrized
rials irwolvins wire costs win be eaeclrted way Upon written Ofaem, and wdl become an &prtature
SADA etffrse pw/and aDOYf tbf eftilYtR An apJtMlenb COIItYI(t+n YDYn sUdws. s0Cxkntf
W ddw O 1, ow coma! Amer to Carly firs, tmnado ane otter necessary insurance. Note: This proposal may be
aafWycowraeywortmexstanpfprsMbnfnsuaau. withdrawn by us it fwt accepted within ays.
74
- JAr�r of gropv0ai - '
The above prices, specifItatiorl5 �
and s arc satisfactory and am hereby accepted. You are aullwrized&Vatuto l
_ - to do the wok as specified. Payment will be made asoutlined above. i
- - Dab of Aomptarloe• tiigftature
ronr r res eo.euaws Caw -: waw twas�wa awwwea sawwe. we» sewreew. nsee. - --- - -
0 7
i
F - -
I
i
y_� I I II I I.Ic 11111111 I I I � L~ II IIIA I I rI
Page ft. / of /
M. W CONSTRUCTION CO.
P. O. Box 1236
KENA.ALASKA 99611
F (907) 2834351
t
.I
`7l GAOGOSAt- suounTw TO P"ME
t ti am 97 JOB Mam
f CM, sTAM AND ZW CODE JOB tOCATtOn
t AgCNnWfI DATE Of GLANS
i
i We tweby aMmit sped ,rc*o n and est mates tm: - -
75-1
r
I,
.1
j
''- Tri /---�'��R6•�s
DATE
•
Joe `tyl�E
Pages
V9 VOPOlip hereby to furnish material and labor .— complete in accordance with above specifications, for the sum at.
9y Xggg- 7/nts t.-ee DJC. ow,&,z�.szy w% dollars (a 719
=;j Payment to be made as Wows: _
- - ' M MWaaM is CwraMOM to be as %paired- AN rode to to eampkted in a wa wiwifte
twallllw atswains fo sbndwd pradices. Any aawabm or deviation frau Mges spears"- AtAhorized
Simla% feeoarilz *Am tarts wig be eze uteri only open wrAlm orders, and wo tlemwle an Siyttatute
estntf�w>seew►andaeovrtheestinwate.Aug reemeatscaddtZemupon strAn acc4raft r
, 'dam Oelald olw control Ownw to carry hm swxodo and other oemsm wswwrA. Note: This proposal may be
i„ �eatlrsaa6wpawMywwMlwrsCawperAM1*aMsOMMM. withdrawn by to d not attepted wrthir 1sys, j
i Arnpu p at f ropood —The above prices. spearigtions
aft0 oat0itiotls are sstisloctory and are hereby accepted. You are authorized f t "turr• `
to do the work as spedlia . Payment win be made as ounined above. P
1 � Oate d AeeeptariceSiyrlatw� /;
•oar rra T rawworr reed _ sow eawNo euel.lsr srwus, we , rowwwwo .wi � �
I
f
i-
i
z � _
4-
{
I
Nom, J
4 -
�T I
eel,
ej
butth S
r
• i
• i
1
f 04 ii !,may ray !
c`�,
Et j � !AY s H�lAt�ttNO, 60l��'i111D11
a
DEPT. OF HEALTH AND SOCIAL SERVICES
VWJI0Af Of NOW RN RI =111 MIR* RIC1001 Off" RCCM W. NCO 001#9
no itlA U SIRM - min" mot -Z�
!`• 1. �.,.
July 21, 1975
Mr. Roland Lynn
City !tanager , �
Kenai, Alaska �' Z,
Dear Mr. Lynn:;`
roncrwing our discussion l:ednesday morning concerning the expenditures
on the Kenai Health Center, I tallied again to Ruth Hursh and Helen Larsen +, t'
about improvements to the Health Center that might account for the expendi-
ture of over $3,000.00 for "labor and benefits" in 1972. Ruth and Helen
assured me that no major work was done of the Health Center at that time r '
and that the only repair work done on that building since it was moved has
been a small entry overhang and a roof repair costing $300.00. Painting was
done with other funds.
During my discussions with Mr. Jim Elston, the Kenai mayor, the suggeauo: r^ IA
was made that some of the architectural fees for the design of the city build-
ing that was never built may have been charged to the health Center account.
Ile expressed the opinion that the Health Center.expendi}.ures should be care-
fuUy sud�.tlgd and requested that I write you a letter so requesting as soon N 3
as possible since an audit was soon to be in process. 't
.nµ4.
It would seem that there are several moral, if not legal issues involved
in what expenditures should be charged to the money obligated to the Health
Center facility follading the sale of land to Carrs for $30,000.00, particu-
larly since the sale was sanctioned by the State in order to accomodate the ("S n
city of Kenai and since the City of Kenai had recognized an obligation toward t
finding Health Center utilities for years prior to the land sale.
We would appreciate further attention to this matter and if necessary
an opportunity to present the case for what we feel to be the moral respon- V - -
sibility of the City of Kenai to the City Council. ,C
Sincerely, -� a
A
E1 abet
h A. Tower, M. D.
Sawtheerstral Regional Health
Officer
ET:rak
_ _. .. cc: HursingrSC3tO
i _ I
Hursing-Juneau
1
i
Yn �
4
1
;i
P a
b
t
f�
T.FA11- OF
I
AIRPORT T,A*tnS nr• PAt'11,1'i•H'i± s
+ THIS A01IFF1+FNT. entered into this N __day of 19 , by and bettreet+ the CITY (Ir t:FVAi. n hoo+e--ru1l rntiWeipnl corp<a•atirn•
td%' tY. • t+,•+- `. f•.•..,•.'.:• ••-+.••. ,,,.: Konstantinos Dimitrios Macheras
dba/_Pizza Paradisos _ _ 4or enittd t ^���•••
That the City. in consideration of the+ poi monis of the t,ii. . .
the perfarrtenee of all the covenants herein eontninf!d ),y the 1.6sree. dnnq
hereby demise and base to the Le%see the foliowiny described property ill tt.;
j Kenai Recording District, State of Alaska; to wit:
Lot 1A, Deshka Subdivision, Section 5, RIIW,
TSN, Seward Meridian
. Term: The term of this Lmse is for SS years,
commencing on the 7th day of August . 1975 *t► t,,( -30th Any n£
June, 2,030 .xpmcr
xx, at the nnttat rtntrc2,
l of 326. SO
warn an option to renew as provided in SCneaule A attached >riereto.
3 Payment: Subject to the terma of nonoral novenant 1•o. In of
' this Lease, the rental specified herein shall hr payable as follows:
(a) 4ioht of entry and nec•unen•:v ra aw1rorizee; as of the 7th
dqv of Au u_st "97S ..•rf::'+•• rirst rent shall be com!suttetl from tcttch
t=rtt..+riti .crit .,:+. ' ^j6 • t::e tate of It 6.92 per e:.v for 327
days, equals S 2.262.84 slow 0u-.
(b) Annual rent for the fiscal year heginnir.•g July 1 and r- dirjr
June 30 shall be payable in adrance, on or before" the first day of July .•,t earl-
year -
(a) Rental for any period which is less thalt one (1) year xhall
be prorated, based on the rate of the last full year.
P
(d) The rent specified herein is calculated as follows:
S0' S30 square feet at S . 05 per square foot per year,
r• ort 2,526.50 per year -
:t .
"in addition to the rents specified above. subject to GenerRI
Covenant No. 10, the Lessee agrees to pay to the City fees as hereinafter
provided:
(a) Assessments for public Improvements benefiting property in
t. the amount of S S 2007.88 . to be paid in the manner set forth
tt in Schedule is attacned �iereto.
+ (b) Applicable taxes to leasehold interest or other aspects.
(e) Sales Tax now enforced or Imo ied in the future.
(d) Interest at the rate of t iVht Percent (91;) per annum an snv
amount of money owed under this Lease which is not paid on or before the
• date it becomes due.
r�r !e) Additional charges as set 'r»th in Schedule A. nttaelled.
r..
Page One. LF.ASF
i.
r
J
{o i
I
�J
Complete uevinion 5/2/75
I
I Ills I I■ rriv_�� i -moi-.. - ._z
"SCHEDULE A"
1. OPTION TO RENEW City hereby grants to Lessee the option to renew this
lease for a further term of twenty years (20), commencing on July 1,
2,030, and ending on June 30, 2,050, both inclusive, subject to all
the provisions of this lease, including General Covenant No. 10 on
renegotiation of rental payment but excluding the renewal contained in
this provision; provided, however, that written notice of the exercise
of this option shall be given by Lessee to City at least six (6)
months before the expiration of the original term of this lease and
P._ provided further that this option may be exercised by Lessee only
in the event all rents and all other City fees specified herein
have been fully paid and that all provisions of this lease on the
part of Lessee to be observed have been fully and faithfully observed.
A new lease agreement for the term of such renewal shall be executed
on such renewal, setting out the covenants, conditions and other terms
of this lease, modified as required in this provision.
W
W,
"SCHEDULE B"
2. ASSESSMENTS Assessments for public improvements benefiting
the property in the amount of $5,007.88 are presently owing.
Lessee may pay entire amount owing on execution of the
lease or, at his option, may make an initial down payment
of $1,251.97 within 60 days of the execution of the lease
with the balance to be paid over a three year period
ending July 1, 1978, under the terms hereinafter specified:
(1) Lessee shall make a principal payment of at least
$1,251.97 plus accrued interest owing on the principal
balance at that time (hereinafter referred to as "minimum
annual installment") on or before July 1 of each of 1976,
1977 and 1978.
(2) Principal owing shall bear interest at the rate of
8% per annum with payments being applied first to interest
and the remainder to principal.
(3) If minimum annual installments are not paid on or
before the dates due, Lessee shall pay a one-time
penalty charge of 10% on each minimum: annual installment
or portion thereof which is past due.
(4) Lessee shall pay an additional 8% per annum delinquent
interest charge on the principal portion of each minimum
annual installment or any part thereof which is past due.
(5) Lessee may pay off any amount of the assessment at any
time with interest only to the date of payment and without
additional penalty for early pay-off subject to the provisions
of (1) - (4) above.
1111111111 �Illlllfl II11 +"_ � �.-i�l"'
V;I, • 1!
� v .--��M•�.Mr-.� �n�-•.�.�•..�_..-r _rte - - � - - --
�+��I _ u I I II III I I- I I I l l l n 11 � i■ m��u. i nl:. � iiui t i i ung l 11 I r
j
The purpose for which this Lm -w is issaud ic;: i
' Commercial uses - restaurant $ shops ,
t! ,
MKYRAI rnvr%:Av'rS
1 . tl%eq: ExceI)t arc n-mriflud No rill. alit *1 !•alar ttse of I:+nric
or facilities without tler' vritt^n Can .ant of Mr. r';Iv 1+ tlt'l•?,i},ite,rt • T,6f%
prohibition sh^ll not •ipph; to us- of turn-: de: mi -,,V a by 11- r';tv fo•• ,noniti•••'
public uses. P•ueh as va%sertf_/r•1• t^_rminein. !iul•wrl}lilt A-".- An(r c.}••r.rl' -
2. 11ses vnt rnnt,!mpl:•t,d prO M',ilnrl. Cr,licit:dion of df%31 li-
or the prom Don or etic'ristion of nnv part or il:r: Cif 1d:-ill^4c (l`• cor?a•r'•710
enterprise, other thio I!, specifirsllly s:r-t forth h(•rr:ir•. unrr:. is, or Jthnvi-
r.it•purt I.•nds. .ritbou, the -Citi^J1''^114t't1 Or ;! •' riCC r'! ':1 j}.it:.r!
3. linpottnclsre of P-ruix!rty: APV (:J• 'tIl nGr•�•r,1c .•,' r• 3i nJ-r.;) •: t
placed or used upost lards. or ire ft•cilittes ilu v ioi�:tion c•f prnJ•ii••ltionv tray hr
removed endlor irlpounfle-d by the city, end v.Iccn ro r^:;ulvnd and/O!-
Impounded. such property r .ay be redeemed by lite rel•: ner therrof wily un:Vi
the payment to the City of the colas of removal phu. stt-veg-• 01al•Kes (if 51.00
per clay, or £5.00 per day in the rase of each lruflehir or O -+-el- •I°re -+ft i^
excess of 6.000 pounds ccross weight. or in clue cane of any viii^i' I:irld r.f
property, an amount not to excoodt $5.00 per (lay. or in ;iceca•r'.•tnee ;rift, rtteh
higher fees as may be ircorpor:.ted Into r ugid•(tiuns of c'i:y'F. Al. -Tort.
4. Commitment fnr Rent Rnrl `(•n- U4ir%pminit: 1•(tssee names
to pay the Annual rnrttill rind fr?t•s I+•pr!ciried •irrl %M to r•?=iv, r 1114: T,.•r,. •,.r
any part, nor let, nor sublet. Mtt,nr by Lzrnnt c(" implic. ition. the trhnlr: or
any port of the prem=ru!s r••ititout .'mitten eenFalet of III- Pity. wslielc rnrrc-t"
shall he obtained Pursuant to the foliowinvf nr-v-e lura:
(a) Submittal to. nncl a!lprcl•ftl of. tlrnn••:el? ios••.r• trorsfer Ilv
the Kenai Planning Commission.
(b) After approval by the Kenai Planning rurep,fssion, final
approval of transfer by the City Council.
. Any assignment in violation of this Provision shall he void. wid
shall be grounds for cancellation of this Lease by the rity.
5. Treatment of Demise: The Lessee agrees to keep the
premises clean and in rood order nt its oirn eypense, suffering no strip or
waste thereof, nor removing any material therefrom, without written
permission of the City. At the expiration of the term fiyO • or any sooner
determination of the Tease, the Lessee will peaceably and quietly quit and
' surrender the premises to the City.
6. Pavment of hent: Checks, hank drafts or onstal money orders
shall he mode payable to the City of icenai. and delivered to the Cfty
Administration Building, Kenai. Alaska.
7. ronstruetion %oprovO anti Qyinrtnr(ls: Ru(1dinP construetsnp
c shall he neat and nrei ontable and eon+nntihle vita, its us^ at -d aarrelsndinpa.
Prtnr to tulneinq of 4111 t'l:1tmriol orrt; pr cor t-llefion n* hltttrlin(rp nn it lnnSer,
area, the Lessee shall submit it pinn of ptopoped rievelanrrient of pronerty to
the, City 1'•. t.ltinr; e'otrn.:i
lfrott r•hiell luill !: 'eon+•(v :rl in t. i-Wra "I olt
permanent impriwom• id4t.
I
- -- - �•_ _- — I.,�.... - 'I III ��, I � � i r – � . I- . ","j .1:� -- - _..�_ ...e-----... ,.
�f 8. Lenne Renewal tteotient Proeedure: Lessee shall within thirty
(30) dnv-. before the expiration, make, application in writitit; for a rellewal.
certifying under oath as to the character and value of till improwentonts
existing, on Lite land, facilities, oroperties, or interest therein. the vurpose
for which such renewal is clesit ed, and %itch other information as the (•itv
,i may require. The lessee shall depomit with mielt npoliention, the sum
►t equivalent to one hundred pereent (loft^-.) of the nrevnilinpf Annual rental or
fees still in effect. Such appiie vOon. tvitett f tliv ronfrr-minv to the
requirements herein stated, will e`:tend thr• 1l•now on r *n:,rith-to-innrth hnr i•
until such time as the city vit•nc tutiee to 1!•%�:ee thnt:
(a) The request for renes al has hef-n r!rante-d
(b) The request for renewal lin% been rejectrd, statirp the
reasons for such rejection.
(c) The City has determinetd it to be ilt Lite hest rmb)ir
or is required by Laty or regul.rtion. to offer tht T. :•1 r put ate• ^t t' •.
(d) That equitable considerations require r. re!ision nt ilio•
Lease prior to granting a reneuml.
9. iticritt of Fntry: Should default be matte in the nnz tr•: rel of
any portion of the rent or fees when durr, (or in anv of the+ aovensn!s rr
conditions contained in th^ lease, the Pity mry re -III ane: t:.ke± tit.: �r:•-3c•t:
of the premises, remove all persona therefrom. and upon: vmitten node,,.
terminate the lease.
10. Rent Fscaltition: In the event this Least- is for a tern, it
excess of five (5) years. the r+motint of rents or fagn sheriff-- herein Ov-ll, .0
the option of either party. he • :inject t^ rennm-fi^tior `n» ine. ^t.st• or A •e+re
at intervals of five (5) years from the let day of duly prceeeint; the I
effective date of this i.case.. •rhe Amount of %ttr•h ^ent< for fn;•q ;.a rnr�.t-nt?Ain%.
shall reflect the then nrevailing fair m=trket value of the Iecsehold. III
increase or decrease in the amount of rents or fees shtill itrt effectivP. ereent
upon ninety (90) days written notice.
In the event the parties at- unnhie to af.ren upon the n*nount of
It such increase or decrease, such amount shall be determined by three (3)
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 (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
provision.
11. RuiidinK Placement Restrictions: No building or other
permanent structure shall be placed within ten (10) feet of the boundary line
of any lot held by a Lessee: provided, hotvcver, that where two (2) or more
lots held by the Lessee are continguous. the restriction in this contrition may
be waived by written authorization of the City.
12. Protoollon of >irc•reft: vo buildine or ether pormnnert
structure shall hepaced t+ititin fifty (SM feet of the nremorty line, frontinv n
landing atrip. taxitvtey or apron without the written approv01 of the rjty. Th;r
area shall be used for narking -1.irerrft nnly.
13. Vr-tlee.i: AlI terilt• tt volit•r••: rr•ntt*,,-vA by tHs T.et••:e or
shall he sent by registered or certified mai; or delivered perfienally to the
faire Three.. LFAST'
""'•vet-:7i4t9e13g.:;:;:.:�,.�� �....�.w_-�,._=='-=z= •-- -- ..
7•• +,�1 -� -_ I -I�-I 'RIS--��--11111 IIII��,.Y. u�'—.-'SII I I"I.II Nuii�.a�•��. mull IIII -— � - _ '�------�- -
last address of record in the fill -s of the city.
i;
14. Offer to Lf -i -e AceeptaTice: The offer to l0ase is mtlde subject
to applicable laws and re?frulations of t•ity, :end mtiy bt• w;tl,41rawn without 1
notice at any lime after thirty (30) days frorn submission thereof, unless within
}� such thirty (30) days the Lessee executes anti returns the Lease to the Pity.
r
15. iind,- 1 intr Title: The inti•rc-ts or cativex•eri
by this Ltnme are subjcn-t to any and Al of the• covin-nant-. t*•rr,s or con•iftfons
contained in the: instruments convoying, title o:• nther intee•estQ to the amity.
16. tlitrlet of itesneetien: r-ity shall have the 001t. at 'All
reasonable titres, to r-nter the premises. or any hart 'hereof. for thp mjrpns: s.
of inspection.
17. insurance: lesseo covenants, to s.',v a 'ho rRy hormtt•g•, frc,••
all actions. suits. lial-Wlit•s or chest afrrs ••IoFuitmt! from or arfuing out of ptor
acts of comr,,ission or .oph"ion by tl-c Lc.4see. 1•i:, :•f:••SA.q.:•n•rto✓•a s. eu :.,•. _
inc it. ns. or a!•i=frfr frac•, or ots, of the I nj-extn•-tin•-. e:r .gar' fir 'I. -
demised. or privileges frranted, and to nav t•Il coats conrvvto�'. t1u rowit; . tt,
this comiec.•tion, the Lessee agrees to arranee and nay fot• all the follt-v.ine:
(a) Public Iiability insurance protecting both the city and/Or
Its agents rn•1 the lessee. such insurnt•ce to hl• .-•ictonet•tl by n ecrtif cote
showing the Insurance in force. The amount of such put,lic lEbility in�+ir::•� .•
shall have limit% not legs than those knoiLvit as
• tlen_e_reoit;oe_eno��o;ph _ _____
(b) 1,essee agrees to carry emnloyer's lirbitfty in:;urattee torts
Workmen's Compensation insurnnee, and to fin•nish a certifien•e thea -e -of to
the City.
(c) insurance, eontntetq: p^tsviding Mil.illfy insu-s-r-or. astt'
Workmen's Compensation shall provide for not to%% thn_n thir•!v 1301 r;ava
written notice to the City of cancellation or exniratinn or suba-tantiai rltana.4, Jr.
policy conditions and coverage.
(d) i esaee neret•s that w•If•rer n! stthrogrirtion rf pin•:t fhe city
shall be requested of Lessee's fnsuror, and shall he provided at no cost to
the City.
(e) Cross liability. It is understood and afrreed that the
insurance afforded by this policy or policins for more than one named insured,
shall not operate to increase the limits of the company's liability, but ethert+ i se
shall not operate to limit or void the coveraire of any me named insured as
respects claims agafnst the some named insured or employees of such other
named insured.
18. Accounting Oblivation: lessee agr"s to furnish the City an
annual sworn statement of Bross hustness receiots 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 tents or fees. including reports
to other governmontat ag mcfcbs.
19. Collotetion of i'rp,)id ttnniec: Any or all rertr. eharPrs. f• lc
or other ennsiderntion which art. One :met unp•tiel at the cxniratfon of volut+ta"v
t or irvoluntuty termination or cancellation of titi:; Lcuse. shall be a cL•:trge
{ .71 •,. i.la! fist! l•• xe tend 1..••::: •1•'•: h. •,•r -IV • s't'..1 Itt• n•?l•.:oti'll .:In.: •s.,. I"it.� .;!:. ••
have such Fen tights an are allowed by i r,lr . }Intl e»forcemnnt by distraint
Pnf!e Four. 1.P.ASF
_ _ .s l.� . .tea• ._.
� .� i� alts iii lr`R i it ouii •
a may be ninde by the City or its rnithorfzed anent.
a.
21). Fam-merit Gratit:. itesorved: Vity rew-rt•es file richt to M. nt
and control casetruants; ill, or above the land lensed. •fin ru(!b grant or
' easement will be made that will unreasonably interfere with the Lessee's use
! of the land. ;
21. i.r•:tee �ubnreii•!^te to Fin^.Rcirtt Rr•tttsirrr+^nts: T.efifcr! :�ar��+�
that City may revis r rf•quiretu"c•;its fol• or
State grants, or to conform to the retrufrement ; of :'r:y «l•t r ane brontl 4.0vt•narit .
However. the modification shall not act to reduce the rfnitt•- or privil:wee
granted the by *,itis Leatl,c. itot• act to cruse the 1 -ems; rr! fir-•tnriO ?.tc .•
22. Right to Re+no:•e- hr-rorovement- Imr,rrr••r-rents shutter*, by r•
Lessee on airnort Lands t -hall, within sixty days after the rt pirn!ion,
termination or cancellation of tate lease,.hg- removed, pro-It'rrt tint, fn tiro
opinion of the City. such rew(wal rill not cause injury or rias -etre to th^
lands: and furli.er, rii- vidcrt tTiltt the, rift,• q!.t• •+•lt� t`� •}tri. tfr•a frit•• «•r to+•int!
Stich itnnrcaver+--ttc in cases nbere hnrrichin i¢ t -oven *,n Piz Cntr¢f•.e•tirra:
providerl furtiver. thpt applietttfnn for extension hasp becn- m•tc?e in wr<tinr sine'
received within said sixty 1001 day to—Mod. The retire:rP T•rR .ep m•tv. . u itt•
the consent of the City. sell his improvetnpnte to r, staee—MPIr fr•;t•tnt.
23. Improvements Lefton T-erar•hnld: If anv fm*arc►uer^rnt� ar••i/r•+
chattels having an appraised value in excess of 510,000 e!: d^termine-1 by ttv
City, are not remcrred within the time allowe-d toy renerstl rovepant •so. 22 a'
this Lease, such improvements and for ehatteN rtay. . tmctp rine nr+tic•r• to the
Lessee, be sold at public auction under the dir•eetion of the city. The
proceeds of the salr, shall enure to the Lc%seo who awns omch fr•nrov r- rentf.
and/or chattels. after deducting and Paving to the city all rents or fees dur:
and owing. and expenaes inc•rrrect in raking sttel: cele• t•!!•••»r p«7 r. r,•1' ..
bidders tit such auction, the City is authorized to bid on nuch f nprovc•+•;ents
and/or chattels on amount equal to tiic amount owed. e:• to rn e-o•^r• e1ttl to ttin
City by the Lessee. or %1.00. whichever amount is croater. The City shall
acquire all rights to such property, both legal and eugf'r,ble, at such a sale .
24. Title of Tmorovetrrnts on L-asebold to e'ity: If any
Improvements and/or chattels having an annrafsed value of %10.000 nr Msl:,
i as determined by the City, are not removed within the time allowed by General
Covenant No. 22 of this T.case. such improvements and/or chattels shall enure
• to, and absolute title shall vest in, the City.
25. Right to Adont Rules Reserved:
(a) City reserves the richt to abort, amend and enforce
reasonable rules and regulations aovernint., the demised orn-mis:ps and the
public areas and facilities used in conneetior therewith. r3res+pt in eanpa of
emergency, no rule or regulation hereafter adopted or amended by City
shall become applicable to Lessee unless it Tins born given tem (10) clays
notice of adoption or amendment thereof. Such rules and rerrulations Shall
be consistent with safety and with the rules anti regulations and order of
the Federal Aviation Administration. Lessee agrees to observe. obnp and
abide by all rules rind regulations heretofore or hereaftim adopted or
amended by City.
(b) Lessee -shrill observe. obey rind coinrly with any and all
applicable rules, regulations, laws. ordinnnees, or orders of r'tly novnrnm<n!:•t
8+tit'1613•11Y. ford ---a! nM •:t-tte, I -dally ^% •ref • ?rf r•!t'he+«sty rp-• • the T.^•:: e! e+•
Lessee's conduct of its business.
w Pope hive. LVASP
-
�i[�1 M. .31 h I t s II I I III ..�J_ iY. l III, .�.. III VIII Y11 111111111011111111•111111 111111111 1 III
(c) City !;lull) not be liable to twvs:e>e for any diminution or
Artlriert,tion of ilnSfil^R"^•inn, or of inti +•l-htn herellilder, eta :+t•enunt of the
e z••r.'i'e (.f tiny sneb 0101: or authority as Ili this seetion nrnvidod, nor OwIl
it Lessee be entitled to terminate the whole m• any pnrtion of the leasehold
estate herein created, by reason of the exercise± of such richts or authority.
unless the exercise there(Pf shall w3 interfere with Le-tsee'S use. Anti Pectswe#le•v
of the leAselluld e::.tnte as to constitute at termination in whole or in part of
this Lease by operation r1f lacy in accortiance with the Laws: of the State of
_ff
it Al.t'&ka.
2G. Aircraft f wwitionl: P+•etrcted:
(a) There I% hereby re-erved to the r"ity. #tsx sucet'sSors aw!
assir_ns, for the u:sc and benefit of the public, a richt of fVe')#t fns the
of aircraft In ti:e Airspnwe allove the sus•f,tce of tier, nres••if.es h•!rr•in eonvvvt Ill.
together with the ritrlit tri cause in snirz airtpuee r uch nol-^. mmy he Jilt f•••. rt
in the: operation of ah•erHrt, noir or h^reafter as*.•r1 fon. =.-iv Uf--it of or %1=, -les
in the air. using r1Jd rsirspnee of landing at, WIL-.inc off from. or cnerr.tintr
an the Venal A-'*pr•"t.
(b) The Lossr!e by aecepiins; thin eorvt•vanee a <nresxsly sst~,M•:
for itself, its representatives. succcSsors, and nssiefi,R, shat #t trill not r•• r-nt
nor permit the erection of any structure or object, nor permit the crowd- of
tiny trees on the land eonvovetl herountior, wbirh wmt?r, t,e 6P r.:rport
obstruction within the standards Pstablisshrt(n unrler Vitt r-lorrt Aviation.
Administration angulations, Part 77, RR antenderl . it. the a vont the nforn t;-irt
covenant is brexchet'. thin r.Ity reserves the right to r•s;tt-r on tl• lrnrl
conveyed hereunder anti to remove the offontlinr- s;€rueture nr Otwjenn' aryl tc
cut the offendinJr tree. all of whieh shall he at the? P!.•I of t1••e LII or
its heirs,or surcessorss. or assigns.
(c) The Lessee by acreptinc this convoy -Me- expressly nsrrer r'
for itself, its representatives, successors. and assigns, that it .-III not nts:k_
use of the raid property in ^ny manner which mitrht over. fe•:r? with the l tnr: i*:tom
and taking off of aircraft from said II airport. or uthnrK iscP creatine; A"
airport hazard. In the event the Aforesaid roven^nt Is hreachnrl, the City
reserves the rJvht to enter on the land conveyed hereunder and cause the
abatement of such interfcronee -it the expense of the I..•ssze.
t#
27. P,itrht to ttnjoyment and Peaceable PoEsession: City hereby
agrees and covenants that the i.osser. upon paying rent and performittg
other covenants:, terms and conditions of this Lease. shall have the right to
quietly and peacefully hold, use, occupy and enjoy the said leasers premises.
28. i.essee to Pay Taxes: Lessee shall pay All lawful texes and
assessments which. during the term hereof may become a lien upon or which
may be levied by the stntc. borough. city or any othor tax -levying body,
upon any taxable possessory richt which Lessee cony have in or to the
promises or facilities hereby leased, or the improvements thereon, by
reason of its use or occupancy, nrovided Bowe v". tbgt nothing herein
+ contained shall prevent Lesessee from contesetinx the legality, validity, or
application of any such tax or assessment.
241. 1Spa ir:l cr rvie": t _gseee aerr>ea to nag T.essror a retwont,hlr•
chilli for ary f.nr•.e=•.t s.•••vice•: or feleilitias ronuirnd Ivy Letr:ere in writinu.
tltlie•l► t•r.>.l i,..... or rtl.-Ilicises, are not prot1ded for heroin.
t
30. +.t 1`, :e•r •• :stir. tsy .1tt#pt ♦,„#.tt.t... ,�#...,sed: it ir: wXprC! lY
urAors,toml that tho rtty 5.11:111 not be e•onstrd"I"T or hr.tel fn he n nRrtrr'r r1r
joint venturer of i.essee, in the conduct of buMnees:s on the dr:mise,d pre#nil,•(•r,.
1'aI'ae Six. T.L+AitiJI
• i1
and it iss expressly ntidlerstoosd and agreed that the relatietrr ,hip hettyoen the
ij parties hereto is, ac•d shsll at all tipies r•rm:tin. that cif lar+(+lord and tenant.
�t
31. i)rfAnit itr+nl:ruptey. etr.: If the 1.e!ser s+h:+ll m:tkr. any
assignment for the benefit of es-ditor m, or %hail be adjuAi�ad it bankrupt. or
if a receiver it; appointed for this Lossce or f,essee+s stssets. or Any 1ntr:re?t
j; under this Lea;e. and if the::spp,tintmont of tite receiver is nest vacate=d
hrititiu fig•^ ::,i ;: . %;• it :, t•.,;::ret
t,. petit;on is filed i1wler 1-+-ction lett)
of the itatiLruptcy•Act by the Leri -e±. then :mel in tttnr --r -t, the rity Inert•.
nen„ rieint! the Lessee ten (10) tiay%' notion• terminate, ti+ist 1 -t -Re.
V. _F',.. t• ..s..r t. t•t r'ih•'K itiuht ;: i'hn s+e:eeul�!•ee
of charges and fees by the City f,•r ; '•ind nr per•i•oc'.c onfter def:trtlt of
the terniq, cnvr:n8nta :!nd ronditiotr+ 1•n.•,.;t+ . , he Merrell r^ --d toy the (^'tt t •'
Khall not he dcvmed a •:,:dver #-•f -my ri hts rin the ivrl of 11•n "i'v Its
this agreement for failure by tha i,rs ser. to i,et•'rrttt . t•s,s-„»ve ::nv
of the terms or covenrats or conditions 1•ereuf.
33. Reaonnr•►tlf hr.nr,ttir,t•: 'rr.ia 1....�.s. io ••I,Fyi^.•f t� o•..
if the Lessee Anes not mrirt:tits much oper< tirnss :t% the city in it-. sole: rl+seruticr
shall determine to be reasonable.. or if the Lo-qseo fails to tr:dntnin A sttsrff
or faciLtics: sufficient to reasonably e%cctstr the purpt•sc• fn» :• 1 :•'ts t' -.is
Lease is granted.
34. Fair Operations: This Leasee is subje•_t to caneellatiur. if
the Lessee fails to furnish such smrvlcm on a fair, equal and not unjur tly
discriminatory basis to All users thereof. qr f -ills to cit^rue fair. rc-wfm. +bl•,?
and not unjusttly discriminatory prices for each unit cr > %rviro: provided.
that the Leasee may he Allowed it, make resx voiteble and roll-dissc••iminotorp
discounts. rebates. or othr-r sit^.ilar tykes of price reel uetin m to voltt!rm
purchasers.
35. Controls to i i -c -vent itisc.rimi.t•otinn: r:ity rest l-vfln tha Hg3::
to approve all charges and privileges: eYtenr!r•d tri ttt• WitblirAd f,•n..t tete•
public. In order to inaure reawbnahle chtlrvou and nrevrtnt notn:Rble
discrimination or segr•csxation on the basis of rare. color. crr:od or nsttiornl
origin. or for any other related reason.
r; 36. Nondiscrimination: •rhe Lesser, for himself. his heirs;.
personal representatives, succettsors in interest. and Pstsigns. as: a part
of the consideration hereof, dons hereby covenant and Agree As a couonnnt
running with the land. that in the event facilities are constructed. mnintnir_c! I.
or otherwise operated on the Braid prone?rty described Ill this Lease, for n
purpose involving the provision of similar services or benefits, the Lessee
shall maintain and operate such facilities and services in colnnliance with
all other requirements imposed pursuant to Title 49. l=ode of Federal
Regulations. Ngbartment oftransportation. Subtitle A. Mee of the
Secretary. Part 21. Nondiscrimination in Federally- assisted ProQrrams of
the Department of Transportation -- Pffectuation of Tithe V i 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 Anti repossess said land and
fsteilitins thereon, and hold the tense as if :laid Lease had never been mnete or
issued.
37. Nondis crimbi ation: The Lesxoo, for him?nslf, his; pertons.l
representative. s,.uccasgorr: in intareet. and P,4n1rnc. ^st A wirt of the
CVti-:!•!•'!rah•)n it••r•, •:.�. r1Ut•7 e•: :'•'l,y .:, •vCl1'tr•l flip° :,.� •.. . a ee :•• n:'+tt rtrfll'IN•
Pate Seven, LBASI?
i
J
f
(t
i
I
1
33. Reaonnr•►tlf hr.nr,ttir,t•: 'rr.ia 1....�.s. io ••I,Fyi^.•f t� o•..
if the Lessee Anes not mrirt:tits much oper< tirnss :t% the city in it-. sole: rl+seruticr
shall determine to be reasonable.. or if the Lo-qseo fails to tr:dntnin A sttsrff
or faciLtics: sufficient to reasonably e%cctstr the purpt•sc• fn» :• 1 :•'ts t' -.is
Lease is granted.
34. Fair Operations: This Leasee is subje•_t to caneellatiur. if
the Lessee fails to furnish such smrvlcm on a fair, equal and not unjur tly
discriminatory basis to All users thereof. qr f -ills to cit^rue fair. rc-wfm. +bl•,?
and not unjusttly discriminatory prices for each unit cr > %rviro: provided.
that the Leasee may he Allowed it, make resx voiteble and roll-dissc••iminotorp
discounts. rebates. or othr-r sit^.ilar tykes of price reel uetin m to voltt!rm
purchasers.
35. Controls to i i -c -vent itisc.rimi.t•otinn: r:ity rest l-vfln tha Hg3::
to approve all charges and privileges: eYtenr!r•d tri ttt• WitblirAd f,•n..t tete•
public. In order to inaure reawbnahle chtlrvou and nrevrtnt notn:Rble
discrimination or segr•csxation on the basis of rare. color. crr:od or nsttiornl
origin. or for any other related reason.
r; 36. Nondiscrimination: •rhe Lesser, for himself. his heirs;.
personal representatives, succettsors in interest. and Pstsigns. as: a part
of the consideration hereof, dons hereby covenant and Agree As a couonnnt
running with the land. that in the event facilities are constructed. mnintnir_c! I.
or otherwise operated on the Braid prone?rty described Ill this Lease, for n
purpose involving the provision of similar services or benefits, the Lessee
shall maintain and operate such facilities and services in colnnliance with
all other requirements imposed pursuant to Title 49. l=ode of Federal
Regulations. Ngbartment oftransportation. Subtitle A. Mee of the
Secretary. Part 21. Nondiscrimination in Federally- assisted ProQrrams of
the Department of Transportation -- Pffectuation of Tithe V i 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 Anti repossess said land and
fsteilitins thereon, and hold the tense as if :laid Lease had never been mnete or
issued.
37. Nondis crimbi ation: The Lesxoo, for him?nslf, his; pertons.l
representative. s,.uccasgorr: in intareet. and P,4n1rnc. ^st A wirt of the
CVti-:!•!•'!rah•)n it••r•, •:.�. r1Ut•7 e•: :'•'l,y .:, •vCl1'tr•l flip° :,.� •.. . a ee :•• n:'+tt rtrfll'IN•
Pate Seven, LBASI?
i
J
• + ,I i_ i..i-it[ ' u it t�t� . - • � ..,... ..-.-.,.v..
with the Innd that (I) nit pre-•Son nn the irtouttdA of race-, rotor, or national
s origin Mitill be excluded from participation it), clenirrl the. benefits of, or ; 1
j be otherwif a In etixcriminution in the tine of f.;siri facilitie-a; (2) that
- l in the construction of any improvements on. over. or under such Innt, and
the furnf%hing of services thftreon. no per,-nn f*n the v„nundo Af raeo. onto".
or national origin Shrill Ito excluded from nartieip^tion In. deniers the henefiv;
of. or otherwise 1w uuhjected to fli..trriminstlon: (3) that the t,e mop shall
. _ ., a' t:f•: .lith ill other .•rhe-.:• ,,,,nt: itrr #ri by
• . pszt ..ez:•.;. �. r•, nrtl;ziinn!;, n,*pnrtm�tif of
Transportation, Subtitle A. ft:;tce r•:: 11--►rt ?l. MondiscrimI �
in Pr(sarnms of the. TIrpne-•ts,. ^ration --
T•Yfeetuation of Title VI of tite Civil Pightc Act of IL••• :. :rI siegult,ti••e•
may be amended.
That in the event of breach of any of the 1,bove noveliscrimina+'in•-
covetiants, the city +.hall have tho ritrltt to tet mfi,rte Cir Leaxe .ind to re-enter
and repossess said Tand and the fstcilitirt; thernot=, st!W held the ,same as if
mics Lease hod iluJ•r_ been r':+rir. or issund.
38. Perti:+) Til-ilietty: If any te^m, prorisfor, cortRition r-r
part of this Lease is cleeln red by a Court of eomaetr•nt jtr•isflietfirn to bn
- - invalid or uneonstitutinnnl. the rem-tinina termfi. n^a••i ons. eord*tinny cr
parts shall continue in full forcft and affect as thrntrh -+tch ti' r iersttSett was
not made.
39. Parol Vtedifications: It is mutuKlly Urdr+•t+thnA And atrt ecfi
that this agreement. as written. Copes Of the swrf>!+ Pn! aild f=tinulatione
• between the Wartfex. and Ito rearesentation4, nrr,I eir wrif ten, hava town
- i
made modifying, adding to, or chantrIng• the ternit. hereof,
Ott, W•.,•r.,I.fv: 'll rit tlor4 ntK- t•:' + i' • : Mat t? •trilne-!v
which is the subject of this T,rasc is suited for th:- use attthori7ec4 he-eln.
rind no guarenly if. grivon or imnliNCI Min it 4.1111111'e- t I"'Ur.IttIt1C ot" •:')itftl..e
1 to employ the prcTertn to aueh etsc,
J 41. Addition l t,•ovfinattts: Lessee r+srrrrr to such additional ter+,+-
!? and covenants as are cc1 forth in Schedule It. :itt:tciyrr;
t; 1N WIT'N'ESS tivlfFRF.CIF. •tire+ parties hereto have hereunto set
their hands. the Clay and year stated fit the individual acknowledgments below .
! CITY OF VIIMAI
. ' ; , • lis
t
7 `•1 v1 ,
Page Tright. LRASE
r
By
w
I
E
f
i
t
CORPORATION ACKnowi msirwr
i
STATE. OF ALASKA )
THIRD JUDICIAL DISTRICT )
f !
Refore me. the undersigned, it Notary Public in and for the State.
of ALislca, on dais day personnlly appeared and
known to Mr to be the: pev.usns argil offi:ars
whose names are subscribed to the foreZoint: tease. uhn heinr duly intorn.
did say that tiny me the President and
respectively, of ca-pr.ratior.
and acknowledfreci to roe that Piny evecutrd :wain Lei". as their free- net at•d
deed in their said capacities. and the free act And diMed n; i;nf•l corporztion,
for the Purpose -s stat(d tbnreln.
GIVF.al I'NnFR ITV "A%:n Avn cFAI, nF ncv rr. thfr - - - dr -1,
Of
I
i
VAITARY PI -RI we- tYn*.
{ "v. Commission Fxpirev
i
APPROVED AS TO FORM by City Attorney. tieis day
Of , 19
i
INITIAL LEASE. APPRnvr:n by [:jty Coure•il. thin
of . 19
i
�i
CITY rl FRtr
ASSIGWIF.NT APPROVVII by antral Planning rnmmfrrIon.
t1ft _day of
-s ASSIGNMENT APPROVED by City Council, this
CITY CLFRK
day
I -
i
j
i
STATE. OF AT.ASKA )
ITHIND -MDI :IAL DISTRIM' )
f Or. this s' day of � � r 1915-, before mo p w%nnv1Iv
appeared KOh ,tAa• hnc•z 04f_�. Known if) r. t•the verl;i•it V-010 executed the above Le -15:e, and nelmovIen1 r•ri t}•'tt he (,Ire) her! the attvicsoty
to siKn, for the pur}ur:;es: sts-ted ther"In.
Vl s �'rct Of' t�(ast 41 AV%I;A
sion
T,vicerF� .
STATE OF ALASKA )
ss.
THIRD JUDICIAL DISTRICT )
On this day of , 19 . b'±rorq mo mpaon-Uv
Appeared , kt;own :o be tite n,--rrnr irluo -
executed the Above Leas=e:incl arknut•1rtcfIrM t1wt he Gibe) had !hor. Qu'•1u:ritt
to sign that same. for th purpp"c ::tathA tr+n«r Ip,
I
i
.i
;I
• :i
'I
}
,r-
1
a° f
1-
f s
0
4 11
r i
}
'c�Yl
VnTA,?v PT*nf•Tr• vrsn At ARtc,
Ply r'.ommiagfo(s
ACKNOwTXnn,,v-vf you trttcTIA"n %vn t:•(t:P
STATR OF ALASKA )
ss.
THIRD JUDICIAL DISTRICT )
Reforc me, the undersigned. a Veitary public in end for the State.
of Alaska, on this day personally npp .eared
and , husband and wife,. both known to he the
persons whose names are subscribed to the foreeoing Lease, and acknntrledred
to me that they executed the same as their !ree and voluntary act and deed.
and for the purposps and considerations therein expressed.
GIVEN UNDER MY ITAKn Aut) SFAL OF 01MCF, this day
Of .19
Pago Ten, T,FAF.n
KftrART 1#111MIC F(tR AT.ART(A
My ('omspission Vxpir-s.:
I
Pittle I of 4 Leare No
G!,
,r. 111.
z?
's of 2
r
t.taj� of A,;)Ucant Konstantinos Dimitrios Macheras
PO Box 178, Kenai, Alaska 99611
anc' PIZZA PARADISOS, PO Box 178, Kenai, Alaska. 9961
Kenai Penirnija lzrouqh Salcb Tax No.
state puzin'-.55 License No. 75-22575 920042146
pnoue 283-7008 (check onn) X Ulay.-
Lot Description 16T m C --WA
ITL aeca- f
Wsjrcd length of U -:,--;e or P-:-rJ-t 55 years
Property to he U, -cd for commercial - restautarLt & shams bgp
Description of dcvelopraents (type, construction, size, etc.)_—...
0. - 0.
commercial building Y VM - masonry (Uaybe larger)
Attach development plan to scale 1 inch r 50 feet, showing all build-
ings planned.
lime Schedule start In one years time
zstimate value of construction:
June 18, 1975
Date
Signed
100.000.00
Page -2 of 4 Lease No. j
Lvane Appiir..ition
1►. O. COX Si? MUM, AU.' V. PHONE ;$3.M.%
.
For your informbti-,+11
1
Ann. usl ....__ ___ _ :._ : Jota�la10 S6
Zoned for commercial
f �
Persixts required
Insurance req+iired
-
Construrtian Must be started by
i
C-Mpl^tion date for majo:- constr::: tic ns
Routing Planning Commission Time ( �
City Council Time j!
Reviewed by:
Comments:
gg
This application W11 be a part of the lease
�=
- -- - 4
Approvilc:
-
Planning (bmi.scions by
City cc.. -:Cil f -- -
- -
�_�
b 1wn;.ri1. �w1. �I\...�M�^..�� i. J � r.•,i tr�•r�•
f
J
f
r
i
' s
1
1
• Pane 3 of 4 Lease No.
BUILDING INFOWIATION { 1
Name: Konstantinos D. Macheras `
U
Approximate size of building 60' x 100'
to house a restaurant
a
Construction materials: Concrete block shell
_^ j,oulated and vaneled interior.
Scale: 1�' = t -N-
-'��_ .u�-.,.-.-��:_- .-_ -- - - ---._ •- - ._ _.. _ .,sem .. -.-_ - .M --------''�-'_-_- -_
71
_ -� I^ � I I 1 III I I �I II III II II II I^ I II• "' �
PaUc•4 of 4 lease No.
I
LAYOUT PLAN
Lot Block Subdivision
?dame
i
i
r
KENAI SPUR H l G H WAV
_
-4 C), ;
' - • • V y
II 46 O • 3
PRDPOSEt- i
` BIItLD�N6 - `
9
0 I
0
- • 1
Scale
Cory�r mer
For
jeccelepj
7V
?CIO
NOTICE
NOTICE OF UTILITY TARIFF FILING
The ALASKA PUBLIC UTILITIES COMMISSI0N hereby
gives notice that KENAI UTILITY SERVICE CORPORATIOfJ (KUSCO),
a natural gas utility, has filed,a request (designated as
i
the second supplement to its tariff revision TA649) that
Its interim rate increase which became effective on July i
20, 1975, pursuant to the Commission's Order No. 2 in
Docket U-75-46, now be made permanent. Briefly summarized,
the interim rate increase which was granted following a j
public hearing on July 10, 1975, increased the utility's y
General Services Schedule I by 6.23%; its Large General
t
Services Schedule II by 8.09%; and its Interruptible Power
Plant Schedule III by 16.80%. The Commission ordered
i
KUSCO to file permanent rates by November 3, 1975, to re- �
place the interim rates; however, KUSCO states it has no {
further evidence to offer in this matter and asks that the
Interim rates be made permanent.
More detailed information may be obtained from
the utility whose address is P.O. Box 614, Kenai, Alaska
99611. The complete filing is available for inspection
also at the offices of the Alaska Public Utilities Com-
mission, 1100 MacKay Building, 338 Denali Street, Anchorage,
Alaska 99501.
Any interested person may file with the Commis-
'= = sion by 4:30 P.M., August 19, 1975, a statement of his views
i
''. and specific reasons in favor of, or in opposition to, the
}.- tariff revision proposed by the utility, to adopt its
present interim rates as -permanent rates,together with
i
t
written confirmation that the same statement also has been
mailed or delivered to the utility. ti
DATED at Anchorage, Alaska, this 31st day of July, 1975. i
ALASKA PUBLIC UTILITIES COMMISSION
. "y .�..v ems. .,r�.+�.►+----»
J. Lovell Jensen
Executive Director
1
r 1
d
-
w '
.r
v 1`'
T,4
r
I
r
yfA�
�s
i
�i
r
,
r
1
't, ;4
i14
•�
„fit
7
ublic Works Projects
Repair cracks at airport
. Boat Harbor Access road
. Warm storage
. Paint line designating
pit and helipad
. Water reservoir
Install painted water
markers; repair hydrants
. Install street signs
. Complete B.O.R. projects
9. Paint trims at Terminal
10. Landscape P.S. Bldg. a
Terminal
U. Beach Access Bridge
i 12. Remove s replace sand
Ater at Treatment Plant
13. C.AP Septic Tank asand
1 point
,s
"
Special Requirements
J a
Tar cut from budget
Single lane completed, except
No gravel available
for gravel
Exploring alternatives
More money
Not started
Y
Sealing of reservoir remains
(i±
2 men, continuous
Hydrant repair underway
Waiting for signs to arrive
4 men, 7 weeks
from State
Trails have been completed to creeks,
'
t
In progress
CITY OF KENAI
PROJECTS STATUS REPORT
8/5/75
Status
Special Requirements
Two week work to complete
Tar cut from budget
Single lane completed, except
No gravel available
for gravel
Exploring alternatives
More money
Not started
Cat work completed
Sealing of reservoir remains
Fi re Dept. to paint
2 men, continuous
Hydrant repair underway
Waiting for signs to arrive
4 men, 7 weeks
from State
Trails have been completed to creeks,
2 men, 4 weeks
clean up a construction of tot lots
In progress
Not started
2 men, 2 weeks
Grass planted at P.S. Bldg.
2 men, 2 weeks - P.S. Bldg.
Grass around Terminal has been
rototilled & raked
Culvert has arrived; construction
4 men, two weeks
to start 8/11/75
Work held up due to pump break
2 men, 2 weeks
down
Not started
4 men, 2 weeks
Completion Hate
8/15/75
8/15/75
10/1/75
Sri/75
9/30/75
9/30/75
8/30/75
8/30/75
9/15/75
8/30/75
9/1/75
9/30/75
PROJECTS STATUS REPORT
Public Works Projects - continued Status Special Requirements Completion Date
14. Library Bid opened 8/y75 4/76
15. Repair holes in paved Out of tar - out from budget 8/1/75
streets
PUBLIC SAFETY PROJECTS
1.
Place water tanker in
Cab ready to paint - major mechanical
All firemen - each shift
12/1/75
service
not completed. When cab is painted,
it will be taken to City Shop for repair.
2.
Paint and repair fire
Underway
Ali firemen - each shift
10/1/75
hydrants & water markers
3.
Flags on fire hydrants
Not started
Replacement posts
11/1/75
4.
Relocation of Communication
Motorola Quote - 8/6/75
10/15/75
Center
S.
Organize Fire Auxiliary
Recruiting
Men willing to dedicate
12/30/75
time
S.
Test fire hose & record
Partially complete
None
8/15/75
7.
Pre -fire Alan for public
Phase I - Outside bldgs.
None
9/30/75 - Phase I
Phase II - Bldgs.
None
7/30/76 - Pbase H
S.
Service Test all engines
Underway
None
9/1/75
9.
Update hydrant records
Underway
None
9/10/75
10.
Fire Prevention talks in
Underway
None
10/30/75
schools
1.
City map showing streets
Underway
None
12/30/75
and hydrants
2.
Organize Police Auxiliary
Recruiting
Men willing to dedicate time
12/30/75
�i
PROJECT STATUS REPORT
Public Safety Projects - continued
13. Establish training program
14. Develop team concept
15. Acquire speed gm
16. Update Dept. Procedures
and Policies
Status
Underway
Underway
Underway
Underway
ADMINISTRATION PROJECTS
1.
Sell FAA houses a furnishings
Bldg. 103 to be auctioned
Bldg. 104 a all furnishings sold
--
7/11/75
2.
Sell 40 acres adjacent to
Council approval or rejection of
Jr. High School
bids 8/6/75
-- - 3.
Salary Schedule
Civil Service Study Complete
4.
Personnel regulations
Civil Service Study Complete
S.
Review leases for non-
Underway
compliance
- ..— 6.
City Shop
Funding has not been received
7.
Ordinance for boat storage
Low priority
8.
Destruction of public
Approved by Council
-
nuisances
- 9.
Finance Admin. Ord.
Work halted
10.
Revise airport regulations
Not started
- -' U.
1974-75 Audit
Underway
12.
Monthly Financial Statements
Underway
-- 13.
Labor Cost System
Underway
14.
Vehicle Cost System
Underway
Special Requirements
Required for acceptance
by Police Standards Council
Training
None
None
None
Council action
Council action
None
Money
Time for attorney
Scheduling a special
exemptions as required
Hold until completion of audit
Time
None
None
None
None
c
Completion Date
„ 1
9/30/75 :
7/1/76 - find eval. r
3/30/76 i
8/6/75
8/6/75
Continuous
9/30/75
9/30/75
7/1/76
10/1/75
10/1/75
9/30/75
10th of each month
9/1/75
9/1/75
Special Requirements
None
None
Possible need for consultant
on final application
Citizen input
None
More surplus property to sell
'.611W -A
Completion Date'
Unknown
9/1/75
Award 8/30/75 I ;
Final application 1
by 9/16/75
8/20/75
8/19/75
8/22/75
- PROJECT STATUS REPORT
Administration Projects - continued
Status
15.
Foreclosure Actions
Publication and notices mailed
16.
Assessment Districts
Ac countiaa a Engr. data
partially assembled
17.
Criminal Justice Grant
Applications complete; chances
_
of award fair to good
18.
EDA Great
Prelim application being
reviewed
19.
Ord. 262-75 - Discharge
Possible locations a alternatives
-
of Firearms
being reviewed
20.
Retirement system
Exploring new systems
21.
Auction of surplus equip.
In the process
Special Requirements
None
None
Possible need for consultant
on final application
Citizen input
None
More surplus property to sell
'.611W -A
Completion Date'
Unknown
9/1/75
Award 8/30/75 I ;
Final application 1
by 9/16/75
8/20/75
8/19/75
8/22/75
CITY OF KENAI
.,OdeatcaW&I 4"„
V. O. SOX NO KENAI, ALASKA "611
Ti:C!'1ME 483 " 7535
_
1
MEMORANDUM TO: MEMBERS, CITY COUNCIL �
FROM: James A. Elson, Mayor j
DATE: August 4, 1975
SUBJECT: HARBOR COMMISSION
�
I1
�s , "�°°y £I •t �,O ;nP
f• :n.a - •.f- , 1
The following are the names of those individuals who have been recommended
'i
for the Kenai Harbor,Co "cion: f :-
Milt Hancock'.
uQ .� Uu �Si i�f •r G4 i"�
earl"Towner,
r
Don Tewksbury
Glenn KIPP
_ 3
A fifth name is to be recommended by the Kenai Planning @ Zoning Commission
_
at their next regular meeting.
i
i
3
I
-i�
MEMORANDUM TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor a City Council .�
Roland D < Lyn", Cfity M:� wzer ,nom
August 6, 1975
LETTER FROM MAYOR'S COUNCIL ON AGING
wee find attached a letter from Mrs. Leots Mae Rnudson,the
.retary for the Mayor's Council on Aging requesting a waiver
the require.rent that Mrs. Sylvia Johnson, Director of the
dor Citizen's Center, live within the City limits. The Council
Aging requests this waiver for a period of 100 days.
June 20, 1973, the Renal City Council issued special dispensation
several employees living outside the City limits including the
nior Citizen's Director. It was decided that as the salary of
Senior Citizen's Director is paid with Federal Grant Funds,
the requirement that she live within the City limits should be
lived. Therefore, I believe the matter of the residence require-
ment waiver for the senior Citizen's Director has been acted upon
per the Council meeting of dune 20, 1973.
_ RDL: sp
Attachment
p
�I
i'
i
f ';
M
�t
w
i
i
Honorable Mayor a City Council .�
Roland D < Lyn", Cfity M:� wzer ,nom
August 6, 1975
LETTER FROM MAYOR'S COUNCIL ON AGING
wee find attached a letter from Mrs. Leots Mae Rnudson,the
.retary for the Mayor's Council on Aging requesting a waiver
the require.rent that Mrs. Sylvia Johnson, Director of the
dor Citizen's Center, live within the City limits. The Council
Aging requests this waiver for a period of 100 days.
June 20, 1973, the Renal City Council issued special dispensation
several employees living outside the City limits including the
nior Citizen's Director. It was decided that as the salary of
Senior Citizen's Director is paid with Federal Grant Funds,
the requirement that she live within the City limits should be
lived. Therefore, I believe the matter of the residence require-
ment waiver for the senior Citizen's Director has been acted upon
per the Council meeting of dune 20, 1973.
_ RDL: sp
Attachment
p
�I
i'
i
f ';
KejmZ Rla4kA6
4uWf, 1975.
Jo f*qot Barr" U -son and fi¢ et4 of the Komi, C4tq Coss *wAt.-
Spec iAa tleet,4q, of the, lila COWW iC
on jj,74jf*,
the on-im bodq
voted sw4*iraud4 to appzo" the, Citq woUA a 449w4t jot tz wa,,L v" of o"
p4"" Dueata4, Sqllo-U gahmost'.
j4ediJ4nee 4elAi4artatt Joti a pe4wd of
100 daq4 0-t WtUt bacamb"
%e PMV046 Of tf:,U 04a4i WiU PWPit the 04dC44 ttMdZtio4 Of &ai"
to it jut"m Bzwzt,04.
V" 44=W4 q0944p
(M4) ee4u Mae "fd4oa
SWAa4,tq
KENAI PL•'NINSULA BOROUGH
REGULAR MEETING OF TILE ASSI MBLY
AUGUST 5, 1975, 7:30 P.M.
BOROUGH ADMINISTRATION BUILDING
P. 0. BOX 850
SOLDOTNA, ALASKA 99669
- A G E N D A
ASSEMBLY
A.
CALL TO ORDER AND ROLL CALL O'Connell
9
Steiner
10.67
B.
PLEDGE OF ALLEGIANCE AND/OR OPENING CEREMONY Arndss
9
Bjerregaard
9
C.
AGENDA APPROVAL Burton
9
Callahan
4
D.
MINUTES: July 15, 1975 Chonault
9
Cooper
10
E.
ORDINANCE UEARINGS: (none) Davis.
9
Elson
10.66
F.
INTRODUCTION OF ORDINANCES: Fields
9
Johnson
10.67
(a) Ord. 75-49 "An Ordinance to Amend Ord. Lutz
7.5
73-Z4 and KPC 14.10.030(a) to Provide McCloud
7.5
for Negotiated or Bid Temporary Solid Mika
9
Waste Maintenance Contracts" Mullen
11
G.
PUBLIC PRESENTATIONS (with prior notice)
H.
CO3S~:ITTEE REPORTS
(a) School Doard, August 4 (Davis/Bjerregaard)
(b) Cook Inlet Air Resources Management District (Burton/Davis)
(c) O.E.D.P. Report (Steiner)
1.
MAYOR'S REPORT
(a) Memo re: Personnel Ordinance
(b) Memo, Solid Waste ReBids
(c) Memo•re: Financial Disclosure
J.
SCHOOL CONSTRUCTION 4 CAPITAL 114PROVDIENTS
(a) Russian Village School Plans
(b) Res. 75-41 "A Resolution Authorizing Expenditures
from the Capital Projects Fund for Specific Projects"
K.
OTHER BUSINESS
(a) Ord. 75-41 "An Ordinance Amending KPC 25.10.05
to Reduce the Kenai Peninsula Borough Sales Tax
from 31 to 14"
(b) Senior Citizen Exemption (Chapman)
(c) Waiver of Penalty and Interest
(d) Res. 75.39 "A Resolution For Retiring From Active
collection Personal Property Tax Accounts for the
Yoars 1965, 1966, 1967, and 1968"
(e) Res. 75.40 "A Resolution Finding that Certain Tax
Foreclosed Property Within the City of homer are Not
Required for Public Use by the Kenai Peninsula Borough"
"--
--.W
-
w
AGENDA FOR AUGUST 5, 1975 Page 2
�
t'
L.
MAYOR AND ASSDIDLYMEN: COMMENTS AND DISCUSSION
M.
PUBLIC PRESENTATIONS
--
N,
INF+OR4.4TIONIA . MILTERIALS AND Mr:?R.S
-
(a) Minutes:
=
1. South Peninsula hospital Service Area Board 6-13
-
2. Cook Inlet Air Reso:.rrces Management District 6 S
�
-
S. North Peninsula Recreation Service area Board 7-8
4. O.E.D.P. 7-10
(b) Correspondence: Arthur B. Deiiold
(c) AS.29.S3.110 Assessment Notice Requirements
0.
NEXT MEETING: August 19, 1975, Soldotna, Alaska
i
a
I
a
r.
Y
i
^,5
j
Fr:
it'
G
f
a'
July 16, 1975
.
J
TO: POSTMASTERS CITY CLERKS
H
FROM: FRANCES BRYMER, BOROUGH CLERK
,
SUBJECT: NOTICE FOR POSTING UNTIL AUGUST 6, 1975 i
NOTICE OF MEETING AND HEARING
i
The assembly of the Kenai Peninsula Borough
_
will meet in regular session TUESDAY, August 5, 1975
_ -
at 7:30 p.m., in the Borough Administration Building, j
Soldotna, Alaska. No ordinances are scheduled for
hearing at this meeting.
The public is invited to attend and
•
a
participate in all meetings!
_
1
Frances Brymer
Borough Clerk
i ,
1
}
L
�
V- -r-- --Iw
3 --lJ:-
... ----I
Introduced by: McCloud
Date:
May 20, 1975
Hearing:
June 17. 1975
Vote:
94 Yes, 39.33 No.
Action:
Enacted
Further Action;
Reconsidered. Amended.
and Readopted July 15,
1975.
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 PROVISIONS 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 board members, 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 wade 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
Kenai Peninsula Borough
Ordinance 75-39
Page 1 of 3 Pages
I
__F.._ 1`IROi,��l•111111 I III �:■ 1I 1 Ir_ - -_ ___ __-
r _ Iv� . +I II III I Y v III I Y II I SII I�III II11ILIIIIi kip I i i I le
�J
6 —
vote to exempt its municipal officers from such requirements; and
WHEREAS. the positions covered require a gri-at expenditure
of time in the public interest and most of them receive little or no
payment therefor; and
WHEP.EAS, compliance and participation in AS 39.50 would
drastically discourage and limit the number of parties willing is 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 j
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 j
reporting required with criminal penalties assessed for failures, and j
the invasion of privacy would discourage contributing to local campaigns, i
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, handi-
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 municipal officers of 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?"
Ken:d Peninsula Borough
Ord. 75-39, Pg. 2 of 3 11gs.
r
Section 2: There shall be placed on the ballot for the.
regular borough election of October 7. 1975. with appropriate
,;r;✓ proposition number to tic designatod by the Clrrk, the following question:
"Shall the elected municipal officers of 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 i
after passage, and the exemptions, or either of them, shall become
effective on ratification by the electorate.
ADOPTED BY THE ASSEMBLY OF TIIE KENAI PENINSULA !'
BOROUGH THIS 15th DAY OF July 1975. ! - --
Assembly President
ATTEST:
Borough Clerk
=r 1
Kenai Peninsula Borough
Ordinnncr. 75--39
LL.t' Page 3 of 3 Pages
Ir
r-
1
o.
CA
'
MUNICIPAL INSURANCE PICTURE
-
t
j
July 1975
",tz 18:4 sail a wom—e-nin✓ of the in-s-!rance iC«3 pictur a gaisar alty, s
1
and particularly as respects public and municipal accounts. The major
discontinued business.
writer of this class, Pacific Indemnity, all public
Within a short time most other insurance companies followed suit by either
refusing to write any cities, or being v" ery selective, taking only those
-
with good experience.
-
Liability Awards continued to climb. Six figure judgements against
=
public bodies In Alaska now are common, and last year saw new awards
over $1,000,000 being granted. .
Rate and Premiums are following up and up. Bargain days are
over. We now are seeing umbrella renewals being quoted at least double
last year, and in some cases increases of 5W% have been asked I
The Alaska legislature passed yet another Workmen's Compensation
"
benefit Increase and this means a rate Increase of an estimated 50% effective
June lstl (and this may be low next year).
Claimant's attorneys are pioneering new areas of litigation against
municipal bodies. "Inverse condemnation" is receiving more attention..
Insurance companies are further discouraged by this insecurity of not knowing
?
1 .lt
"what's next" for cities. Those few companies still providing liability'
coverage feet they must either (1) exclude these unknown now areas, or (2)
- -
'
i
build into their rates a loading for this possibility. i
--
At
}
tw
Y
1
t
i
Bidding of liability and compensation coverage at this time? We
know of no company that would even bidl There are some left who wil4
= negotiate On a non--bbd b3ais only.
Self-Insurance? Receiving more interest by those insureds large
enough to have . . .
- 1. seasoned loss information
2. ability to staff in-house for a risk manager and/or safety people
3. the financial ability to enter such a program
- 4. a council and manager psychologicallywitling to accept this
philosophy.
We are consulting with some of our clients at this time regarding
the feasibility of this method for them.
Any good news? Maybe. Your property coverages (fire, extended
coverage, etc.) are still looked at by insurance companies as generally
desirable. While it may not be the time to try to drive down the rates, you
' probably won't be hit with any increases here. Your values should be re-
viewed and increased - causing a premium increase - but the rate should
J, I
=f remain the same.
If there is one bargain left it is unquestionably the police protector
provided by the American Home Insurance Company for your police depart -
1 meet and the officers individually. I'm amazed at the broad coverage it
(false arrest, etc) given and the low cost. (Let's hope it lasts.)
Speaking of reviewing values - have you considered raising your
fidelity bond? Some recent cases point up that city employees not even
- t
i, handling cash are figuring out ways to embezzle large amounts.
At
I
�.- -.- � ;_ — ;. ..II I �I 11 illi l�lll liu isi - ,—. .—s... • -__-c-- ,-_— ._... = i i viol ii_IT o- .� „— ..� ---_ __. -:. ___ —-__�.._ _
Jill
Insuring your fleet of vehicles for physical damage? Why/? Most
cities can absorb these losses so why pay for insurance. There are some
exceptions;
1. if many vehicles are stored together, and subject to one fire,
then this should be covered.
2. any nigh value units - usually fire department or school district
vah.clas may need to be covered.
i
Lee F. Olson, C.P.C.U.
Dawson & Co. of Alaska
943 West Sixth Avenue
Anchorage,Alaska 99501
'M
I
0
• nh �Li`!i )P� July 22,1975
P.o.Box 424
Kenai, Alaska
99611
Dear Kenai City uayor,Councilmen and Manager,
To say I am di.ssol.»tioned with our city government is putting it mildly.
I have contacted our city manager ,mayor, city engineer and councilmen
sevetal diffrent times since the culvert was removed , almost a year ago
from the creek below the hill by Bay View Arms Apartments, that the towns
people use for a walkway to the beach, insedently we have always had a toy to
get to the beach down that hill and across the creek even before we were
a city. Then it was desided they despertly needed the colvert for the small
Boat Harbor Road. I went to see that road Sunday July 20the to see what PIP
is and where it went to. As far as I could find out it is far from finished
and there is dirt pushed up closing the road so no one is getting any use
out of the boat harbor either.
I really don't understand why we are always so completly broke all the time
and have to take from one place to patch up something else. We vote in
revenue bonds for water, sewer airport and just about every project that
comes up. Vie have sales tax , that must bring a tidy sum , as you can
hardly get across the street for the traffic, you have to Waite in line
to buy groceries, stamps(I know we don't collect tax on stamps)and any
other place we go shopping. Our property tax isn't to be sneesed at and
sure not if it is raised as most of our councilmen seem to think is
despertly need.
I can't see what we get for all our tax money. Vie pay water & sewer
Hook up, Assessments, a monthly bill. Paving assessments. Vie used to pay
for our schools, before the Borough took that over and that yts a big
expense, but that doesn't seem to lesson our expenses any.
Vie do get Police & Fire protection & snow removal . But otherwise we pay
for the other services indivually.
I have been to council meetings at diffrent times, have written to all of
you@ talked to the city engeneer asking that the colvert or at least a
foot bridge be put across the creek, so we would again have our walk
way to the beach. Which is as nice or nicer than any beach anywhere. If
you haven't been down there you are missing one of the nicest places in
Kenai. People ask tree if I think we will ever get the colvert back? I
have to say I really don't know. I have been promised that it would be
by our city manager & several of the councilmen. Why it is such an
engineering problum to put a foot bridge across a creek is beyond me.
Ile would be happy to have some old power poles put across the creek
and anchored down so they woulden't float away with the tide.
Hopefully tis engineer&ng fete will be overcome soon and we will have
our walk way to the beach again.
Sincerly
A long time volunteer worker
and tax payer for Kenai
Mrs. Francis Meeks
.411 1
�r 111 September 20, 1974•.
Mrs. Francis Meeks
Post office Box 424
Kenai, Alaska 99611
Dear Mrs. Meeks:
Thank you for your letter expressing concern
at the removal of the cu Ai►-nrt at the bottom of
the hill below the Bay Arms Apartments. puite
frankly we Proceeded to remove the culvert without
giving consideration to the possible affect this
woi:ld have on people who live: in the surrounding
area. Our reason for removing the culvert was
because it was badly needed for another road con-
struction project and that size culvert is extremely
difficult to obtain and quite expensive when it is
available. Our intention was to build a foot bridge
next stumner. I can only apologize for the inconvenience
that our actions may have had upon you and residents of
the area.
The City will replace one section of the culvert so
that a foot path is available to the people of the
area. The other two sections of the culvert are
vitally needed on another road construction project
if we are to meet a commitment to a number of people
in the community.
Thank you for bringing to our attention the difficvlty
which we created by our actions and your patience and
understanding in helping us to resolve the problems.
Ver truly yours,
Roland D. Lynn V
City Manager •f.
' RDL:sp+
t
r,: 3
I'' I
t
T -
M
.N
is
t
AGREEMENT AND RELEASE
THIS AGREEMENT, entered into this 23 rd
day of July , 1975, by and between the City of
Kenai, a homerule municipal corporation of the State
of Alaska, hereinafter called "City" and The Peninsula
Oilers Baseball Club, Inc., a non-profit corporation,
here in after called "Oilers".
WITNESSETH THAT:
WHEREAS, City has orally agreed to pay to
Oilers Seven Thousand Dollars ($7000.00) in return for
Oilers release of any claim it might have to the
Kenai Municipal Ballpark, located in the NWh, NEh,
Sec. 6, TSN, R11W, SM, and in return for vacation of
such Ballpark by Oilers prior to September 1, 1976, and
WHEREAS, Oilers is aware and understands
that City has received a grant from the Bureau of Out-
door Recreation of the United States Department of the
Interior to be administered by the Division of Parks of
the Department of Natural Resources of the State of
Alaska for improvements to the Kenai Municipal Ballpark,
and that such grant must be repaid by City to such
agency in the event of non -vacation by Oilers prior to
September 1, 1976 thereby causing substantial injury to
City.
NOW THEREFORE, The Parties hereto agree as
• follows:
•FIRST Oilers, for and in consideration of
Seven Thousan ----Dollars in hand received and for other
of good and valuable consideration, the receipt of which
is hereby acknowledged by Oilers, does hereby remise,
convey, release and quit claim unto City and to its
successors and assigns, all the right, title, interest,
claim or use whatsoever Oilers may have acquired in the
}.' Kenai Municipal Ballpark, both land and structures,
through contribution of labor and materials by itself,
T its members, employees, agents or independent con-
---- tractors or by any other means whatsoever.
_ _ _' ___..� i � _ .�.-.-4..t. _•dXil� _ _ _ _ _ _ _ _ - _ _ e_ ate.-.. �n _ - e �. _ sa v,
I IJIWL III IIOILlY II II I
J
I - .•
SECOND Oilers, for and in consideration of
said same Seven Thousand Dollars ($7,000.00) receipt of
which is acknowledged above agree that it shall cease
to use and shall vacate completely the Kenai Municipal
Ballpark on or before August 31, 1976.
THIRD Oilers agree to save the City harmless
from all actions, suits, liabilities or damages resulting
from or arising out of any acts of commission or omission
by Oilers, its agents, employees, customers, invitees,
or arising from or out of Oilers occupation, or use of
the Kenai Muncipal Ballpark, and to pay all costs connect-
ed therewith.
IN WITNESS WHEREOF, the parties hereto have
hereunto set their hands, the day and year stated in the
individual acknowledgments below.
CITYNAI
By
STATE OF ALASKA ) V
ss.
THIRD JUDICIAL DISTRICT )
On this .0 day of 1975, before me
personally appeared --pa 'I Nd C �,.�. l , known to
be the person who executed the ahove Lease, and acknow-
ledged that he had the authority to sign, for the pur-
poses stated therein.
NAPk?UBLIC F A ASKl)
My Commission Expires:
PENINSULA OILERS BASEBALL CLUB, INC.
16
STATE OF ALASKA ) -
ss.
THIRD JUDICIAL DISTRICT )
On this day of 1975, before me
personally appearecdr 4 a&,v swo,j.4 , known to be
the person who execute the above Lease and acknowledged
that he had the authority to sign the same, for the
purposes stated therein.
NOTARY PUBLIC FORL SKA '
My Commission Expires 9-/7- 73`
...w
—^" KENAI PLANNING ZONING COMMISSION
REGULAR HlEETING JULY 9, 1975
• 7:00 P.M. CITY MANAGER'S OFFICE
RON MALSTON, CHAIRMAN
ITEM 1: ROLL CALL
Present: Nels Kjelstad, Beverly Fillio, Betty Glick,
Cliff Heus, and Ron Malston.
Absent: Barry Gaines and Roland Raymond
Ex -Officio Member Present: Councilman Ed Ambarian
Also Attending: Vi Cutsinger, Gail Glad, Roger Meeks
and Phil Aber.
ITEM 2: APPROVAL OF•MINUTES
Minutes of regular meeting of -June 25, 1975.
The following corrections were.made to the minutes:
Page two- end of second paragraph- should read....
drawings should be date stamped when received.
Page three- first paragarph- should read.... for a
lease showing the dimensions of lot.
Page three- For The -Good Of The Order- 2nd and 3rd
line should read... going over proceedures for sub-
division application 5'.
The Com -min -ion s tateA rhe` they need a letter froa
the City Attorney to Mr. Dow regarding Tract "A"
Mommsen Subdivision.
The members of the Commission need corrected copies
of the June 11th and May 28th Planning Commission
minutes. The minutes were unanimously approved as
corrected.
ITEM -3: OLD BUS?NESS
(a) Vacation of seventh street, Killen Estate Addition
it and the re -platting of Killen Estate Addition
to Northgate Estate Subdivision.
The Commission ;,could like a copy of letter from
the City Manager to Killen Estate Addition.
Phil Aber presented and read to the Commission a
letter of Public Notice from the Borough and
also a letter to Mr. Best from the owner.
Mrs. Fillio moved that the Commission recommend
a vacation of Second Avenue as shown on Preliminary
Plat of Northgate Subdivision dated May 3, 197S.
The Motion was seconded by Nels Kjelstad.
Motion passed unanimously.
3
XMAI PLANNING ZONING COMMISSION
REGULAR MEETING, JULY 9, 1975
PAGE 2
(b) Tract "A" Mommsen Subdivision- Addition 0 2:
It was reported by Nols Kjclstad of Wince-Corthel
that he had researched the Borough records and Mr.
Dow had been paying taxes on this ground and would
like,a Quit Claim from the City. Mr. Kjelstad
also reported that this property had never been
dedicated as a park
Nr. Xjelstad moved ihat the matter be tabled until
the next meeting after they have received more infor-
mation.
The Motion was seconded by Mrs. Fillio.
Notion passed unanimously
(c) Regulations for the reclamation of gravel pits.
Was unanimously decided by Commission to move the
above to the end -of agenda.
(4) Dow Manor Regulations:
Reciived and reviewed Dow Manor Regulations.
IT91 4: MEN BIYS!vr- SS
(a) Vi Cutsinger- suburban residential Zone
Section 20. 30. 080.
(b) Secondary Uses
3. Home occupations as specified in Sec. 10.30.170
Vi Cutsinger asked for approval to put in a Home
Occupation and Business service in her home located
in Redoubt Terrace. Phil Aber stated that it should
be approved as she met all the regulations required.
Nr. Xjelstad moved that the Commission grant Mrs.
Cutsinger's.request.
The Motion was seconded by Cliff Heus
Motion passed unanimously
(b)' Kempf Subdivision:
It was moved for acceptance of preliminary/ final plat
of Kempf Subdivision with the recommendation that
the streets not be City maintained until brought up
to City standards and approval of the vacation of
the 20 feet along 11th Avenue and 3 feet along F
Street.
It was moved by Mrs. Glick that the Motion be passed.
The Motion was seconded by Cliff Heus.
Motion passed by Roll Call Vote.
Voting Yes:. Ron Malston
.Zi .
Nels Xjelstad
• Betty Glick
Cliff Hous
. - ___---._ -_--. -.'ro ud�.ii�l I III I II I I llltllrll IILI.� • .. _-. .. ,. . i ii, �■ I III�Ii III IIII I III L I�-I .= .r. -- __ __ __ - _ - _ �•'
KENAI PLANNING 6 ZONING COMMISSION
REGULAR MEETING, JULY 9, 1975
PAGE 3
ITEM 4: (b) continued
Voting No: Beverly Fillio
(c) Don Aase- Developer- V.I.P. Park Estates- Lots 4-12,
Block 2, and lots 30 $ 31, Block 1, Amended -
Final Plat:
Phil Aber presented a final plat which is an
addition to the V.I.P. Park Estate. It was -
discussed at length whether the streets should
have a 60 ft. or 50 ft. right of way. Phil Aber
indicated that 60 ft. was preferred for snow
removal and Nels Kjelstad stated that this was
not needed and that it would take more taxes off
the tax roll.
Mrs. Fillio moved to accept the approval of the
V.I.P. Park Estate Final Plat with 60 ft. right
of way for Clipper Circle.
Motion died for lack of second. Discussion followed.
r
Betty Glick moved for approval that the Commission
accept the final plat of V.I.P. Park Estates as
presented.
Motion was seconded by Nets Kjelstad.
Motion passed by Roil Call Vote:
Voting Yes: Ron Malston
Nels Kjelstad
Betty Glick
Cliff Heus
Voting No: Beverly Fillio
(d) Preliminary/final plat- Morin Subdivision:
Mrs. Fillio briefly mentioned the reason for
this being brought up before the Planning Commission
as a Subdivision at all was due to a Borough
Ordinance which states that it has to be considered
a Subdivision if sold in two seperateppieces. The
Commission stated that property shall be subject
to assessments.
Cliff Heus moved the Morin Subdivision be approved.
Motion was seconded by Nels Kjelstad.
Motion passed unanimously.
.(e) Preliminary/final plat- Knudson Subdivision:
Phil Aber presented plat and asked that the plat be
approved.
Mrs. Fillio moved for approval of the Knudson
Subdivision Preliminary/ final plat.
The Motion was seconded by Betty Glick
Motion passed unanimously,
calor
KENAI PLANNING L ZONING C011MISS1011 ;
REGULAR nrETIffG, JULY 9, 1975
PAGE 5 I
- ITEM3: OLD RUSIMS (c) Continued ;
Reis Kielstad mcvcd that in view of the Council's
indecision over the granting of a Conditional Use
Permit for the operation of gravel pits to Chester
Cone and Robert Berr±en, the Kenai Plenning Cocninsion �
reiterates its stand that the Conditional Use Per::.it
be denied and that the minutes of this Commission
. meeting be submitted to the Council et their study
session Thursday night July 10, 1975.
Beverly Fillio seconded the Ilotion.
Notion passed -unanimously by roll call vote.
Hel s Kjel stad
Betty Glick
Beverly Filtio
Cliff Heus
Ron tial stun
FOR THE GOOD OF THE ORDE!'::
Was decided by Commission to invite the Council to
attend a joint meeting and unrk session with the
Planning Commission on Jul; 23, 1975 at 8:30 P.M.
ITEH 5: ADJOURN
There being no further business, the meeting
adjourned at 9:40 P.M.
I:
a een Clark, Secretary
i
9
�.....r mow„ _ � - "•' �.' - �. - -•
KENAI PLANNING $ ZONING COMMISSION
REGULAR MEETING JULY 23, 1975
7:00 P. M. CITY MANAGER'S OFFICE
RON MALSTON, CHAIRMAN
ITEM 1: ROLL CALL
Present: Ron Malston, Beverly Fillio, Nels Kjelstad,
Cliff Heus, Betty Glick, Roland Raymond, and
Harry Gaines.
Ex -Officio Member Present: Councilman Ed Ambarian
Also Attending: Mr. Ed Garnett, Attorney, Bert
McAllister from KSRM Radio, George Day and Peggy
Arness from the Chamber of Commerce, and Phil Aber.
ITEM 2: APPROVAL OF MINUTES
Minutes of regular meeting of July 9, 1975:
The following corrections were made to the minutes:
Page one- Approval of Minutes of June 25, 1375
minutes- 9th line down should read "division
applications" with "for planning" being left out.
Also the second paragraph, last line should read -
"The minutes were unanimously approved"as".
Page two- Item 3- Old Business- Item (b)- Sth
line of 1st paragraph should read "Quit" claim
from the City.
Page two- Item 4- New Business- Item (b)- The
Motion was seconded by Cliff Heus.
The minutes were unanimously approved"as" corrected.
Page 3- Item 4- New Business- Item (c) 6th line of
lst paragraph should read- "This was not needed
and that it would take more taxes off the tax
roll"- 8th line of 1st paragraph should continue -
"with 60 ft. right of way for Clipper Circle".
In MOTION - Betty Glick moved for 'ap roval and
that the Commission accept. the" final.$Iat of V.I.P.
Park Estates as presented.
Motion was seconded by Nets Kjelstad.
Page 4- Item 4- New Business- Item (f) spelling
wrong of Tesoro.
In 'MOTION" - should read "tabled until next meet-
ing due to lack of information."
Page four- Item (9) complete change of paragraph to:
It was suggested that Mr. Steinbeck should present
the Commission with a plan for utilizing the lot.
Mr. Steinbeck was not present so the Commission
decided to table the issue.
Page four- Item 4- Old Business- end of agenda -
continuation of last sentence- should read "pits
and establish regulations for gravel pits."
The minutes were unanimously approved as corrected.
JIU __._
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING, JULY 23, 1975
PAGE 2
ITEM 3: OLD BUSINESS
(a) Vacation of seventh street, Killen Estate
Addition 01 and the re -platting of Killens
Estate Addition to Northgate Estate Sub-
division:
Letter requested at July 9th meeting received.
City Manager, Roland Lynn requested more in-
formation as to the type of house, price
range and number of homes to be constructed.
The Commission didn't feel that all this in-
formation was really necessary. Re -platting of
Subdivision was approved at July 9th Planning
$ Zoning meeting.
(b) Tract "A" Mommsen Subdivision Addition #2:
Received copy of letter from Rick Baldwin
which had been requested by the Commission.
Chairman Malston stated that the question-was-
did
uestionwas-
did the park belong to the Subdivider or to the
City. Phil Aber said according to the State
Statutes if shown on the face of the Plat, it is
accepted. Chairman Malston stated reason re -plat
was asked for was to clear up this matter.
Attorney Ed Garnett said Plat had never been
accepted. Jan Williams, City Attorney stated
that this matter had nothing to do with the
Planning $ Zoning Commission. Phil Aber suggest-
ed that the Planning $ Zoning Commission make re-
commendations to the City Council to vacate
Tract "A" Mommsen Subdivision. Nels Kjelstad
`i asked to explain the Mobil Home Park by pointing
out details on map and also stated that the
property has never been in the hands of the City.
Attorney Ed Garnett respectfully requested that
=� the Commission approve the vacation of the area
involved. He stated what was being asked for was
a recommendation to the City Council on whether
they approve or disapprove as to whether the area
be returned to acreage or made a part of the
Mobil Home Park. Cliff Heus said this was a
Borough matter and a recommendation cannot be made
until there is a public hearing.
MOTION Harry Gaines moved that:
(1) the west half of 36th street within Tract "A"
be vacated.
(2) that Tract "A" be reverted back to acreage.
The Motion was seconded by Roland Raymond.
■
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING, JULY 23, 1975
PAGE 3
MOTION
(c)
(d)
(b) continued
Discussion followed. Cliff Heus asked if there
was to be more park area than shown on the sketch.
Phil Aber suggested that it should be taken to
City Council along with a copy of the minutes.
Motion passed by Roll Call Vote:
Voting Yes: Cliff Heus
Roland Raymond
Harry Gaines
Ron Malston
Voting No: Betty Glick
Beverly Fillio
Abstained Nels Kjelstad
Regulations for the reclamation of Gravel Pits:
Chairman Malston moved to the end of agenda with
the approval of the Commission.
Chamber of Commerce- Bicentennial Park:
Mr. George Day of the Chamber of Commerce asked
that the Planning 4 Zoning Commission recommend
plans for a Bicentennial Park to help improve and
make Kenai a prettier place in which to live. A
map was presented and explained to Commission
members. Chairman Malston stated that he felt
that the plan would be to the betterment of the
area.
Mrs. Fillio moved that the Commission recommend
to the City Council that the following area be
recommended as a Bicentennial Park, and the
Boundary to be: Part (I)- from Main Street on
East, with Spur Highway on the North, N.C. Tire
Center on the West and Bookies on the South.
Part (2) - Main street on the West, 13th Avenue
S. W. on the East, Kenai Spur on the North and
Frontage Road on the South.
The Motion was seconded by Betty Glick
Motion passed unanimously by Roll Call Vote.
John Steinbeck- Lot 4, Block 1, Etolin Subdivision.
Councilman Ambarian stated that Commission should
have more information on the type of building Mr.
Steinbeck is planning to errect.
Roland Raymond moved that Commission table for
further information.
The Motion was seconded by Harry Gaines
Motion passed unanimously.
-
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING, JULY 23, 1975
PAGE 4
ITEM 4:
MOTION
NEW BUSINESS
(a) Public Use Resolution on Foreclosed Lands,
Mr. Ed Garnett, Attorney:
Attorney Ed Garnett stated he was present for the
purpose of seeking the Planning $ Zoning Com-
missions recommendations to the City Council
on a particular piece of property, Lot 4, Block 4,
that the City does or does not have any need
for that particular lot. The Borough forclosed
on that lot for many years of back taxes.
Mr. Garnett stated he was seeking recommendation
from the Planning $ Zoning Commission to the City
Council that the City does not need the land and
that funds were available to put it back on the
tax rolls. The Commission and Phil Aber decided
that the Commission didn't really have any say
in the matter. It was asked if the Planning &
Zoning Commission had any use for the land.
Cliff Heus moved that in as much as the Planning
$ Zoning Commission and the City Administration
cannot find immediate use for Lot 4, Block 4,
that the Commission recommend the land be re-
turned to private ownership.
The Motion was seconded by Beverly Fillio.
Motion passed by Roll Call Vote:
Voting Yes: Beverly Fillio
Nels Kjelstad
Cliff Heus
Betty Glick
Roland Raymond
Harry Gaines
Ron Malston
Chairman Malston Recessed for purpose of calling to-
gether a Work Session with the City Council at 9:00 P.M.
City Council members present were:
Mayor Jim Elson
Buck Steiner
Oscar Thomas
Dick Morgan
Meeting being called back to order at 11:00 p.m.
went back to Item 3- Old Business- (c) on the agenda.
This was tabled to work on regulations next Wednesday
July 30, 1975 at 7:00 p.m.
i
I- . / — 1 7 7
__�_ �a_w.. _. � /....• __ _ •.111■ _ � - .r:... �. .... , I I I� 1� � i. II 111 II"I- __ ___ ______ _ _ •__ - --_
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING, JULY 23, 1975
PAGE 5
(b) Mcnfor/L►avis Car Wash Camper Par'.
Lots 157 & 160- Deshka Subdivision:
Phil Aber commented that this was a General
Commercial zone and didn't think that the general
idea of combining a Car Nash and Camping area to-
gether was that good. He felt that the planning
was poor and that the site was a bad choice.
MOTION Harry Gaines moved that it be tabled until the
next regular meeting and that the applicant
be asked to attend and defend himself.
The Motion was seconded by Nels Kjelstad.
Motion passed unanimously.
(c) Redoubt Terrace Subdivision - Addition 0 2
Preliminary/ final plat:
Nels Kjelstad stated that the idea of the plat is
to develop three more lots in a Suburban
Residential area as soon as they can get to it.
Chairman Rolston asked for recommendations from
the administration. Nels Kjelstad suggested
that the City should talk with the developer.
MOTION Harry Gaines moved that the Preliminary/Final
Plat be accepted.
The Motion was seconded by Cliff Heus.
Motion passed by Roll Call Vote:
Voting Yes: Beverly Fillio
Cliff Heus
Betty Glick
Roland Raymond
Harry Gaines
Ron Malston
Abstained Nels Kjelstad
(d) David L. Diamond- Andy's Flying Service, Inc.
Float Plane Basin Expansion:
Phil Aber presented a rough sketch of development
plans to the Commission. These plans were on a
portion of ground located adjacent to the Float
Plane Basin, which would require a lease agreement
with the City. Mr. Aber asked for a general
• approval of the Commission.
Councilman Ambarian felt that applicant would have
to contact FAA and Kenai Air Service first.
MOTION Harry Gaines moved and recommended that the concept
be approved depending on legal barriers such as:
access, FAA regulations, and security. Mr. Gaines
also recommended that before a final decision is
made that the plan be brought back before the
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING, JULY 23, 1975
.� PAGE 6
'Law d: New business- continued
(d) continued:
- Planning & Zoning Commission.
The Motion was seconded by Betty Glick
Motion passed unanimously.
ITEM S: ADJOURN
There being no further business, the meeting i
adjourned at 12:00 P.M. 1!
i
I ,
I
+ _f
J
- i
Z
leen Clark, Secretary