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Home My WebLink About1977-06-15 Council PacketKenai City Council Meeting Packet June 15, 1977 COUNCIL ME T 'G OF �'` / �% I 4c Le Ylycr/ (r -l-, v u x Y Y (e ty y u yl Imi m - - r✓[. U.- _ ._.. - - - _. _ ... :amu _ - - — �s .. .�-.., Wiz. y�"'p�i l COUNCIL MEETING OF !. 1 1 7�JF✓1� Y L cr c Imi m ME f COUNCIL MEETING OF No v �'-0 4� 4 - ME No GLICK MORGAN WHELAN ACKERLY SWEET AlWBARIJ4,N ELSON COUNCIL MEETING OF 15,1977 y / \fid ��' ., �J` r(� 1/1 LL Lf q q q N q q y -I '-/ q q V (4 q 6/ y q IV Al (4 q q tj q q q I /y- v Al V, I _q '1 0 q q- q � �>�Al Al 'ti q V Ll V- }k u COUNCIL �J,&ING OF Tf"Vr 15. 1977 ; IL MORGAN WHELAN { ACKERLY IV, q q A/ t/ i j - f iv `SWEET N q, ' AMBARIAN d IU 9 y V! Al A f •q { ELSON r t� I I 1 L' " I t x i R i. AGIi1111A RECII1.AR 1.111 -TIKE KFNAI CITY COUNCIL JUNE 15. 1977 0. 06 PAL KI:NAI 11111MIC SAITTY 111111.01NO PI.I:U(iE OF ALLEGIANCE A. Il IJ, CALL AGENDA APPROVAL B. PUBLIC HEARIN(IS 1. Ordinance 330-77(A) - Classification Plan 6 Pay Plan 2. Ordinance 342-77 - F.stsblinhing Working Capital Reserve in neneral Fund 3. Owlinanco 343-77 Setting Fees for Water/Sewer Connection o 4. Ordinance 344-77 Setting Bales for 11se of City Parka S. Ordinance 345-17 - Purrhane of Sign Raking Mnebine 6. Ordinance 346-77 - Increasing Revenuen/Apprnprlations - Library 7. Ordinance 349-77 - Ratifying Purchase of Lit Station Pumps - Declaring an Emergency 8. C. PPR&ONS PRESENT SCFtEDULED TO RP. HEARD I. Members. Kenai Fire Department . C. it. Hoidwin (or Copper Valley Dtnchine Works, Inc. 3. Kenai Realtors 4. Kenai Chamber of Commerce Tom Waterer, Salnmstof Seafoods, Inc. D. MINUTES 1. Minutes of the regular meeting of .lune 1. 1977 2. Minutes of the special meeting of June 8, 1977 E. CORRESPONDENCE 1. American Legion Post 020 2. Hermon 4 Irene Fnndal S. Mrs. James E. Odham 4• Mr. R. E. Conoco, Jr. F. OLD BUSINESS 1. Ordinance 341-77 - Dedicnting Proceesln of Lnnd Sales 2. Assignment of Lease - K. D. Mncheras to Charles 6 Rohotta Crobaugh S. Resolution 77-76, Retaining consulting eogineerinp, firm 4. Loose of Dock Fnelllty 1, AAjalnina t nnAr./>;nlmm�tof Ren6nAa t - 5,Proposal to lease Airport Cafe 6 Boor - Mr. Paul Vadon NOW BUSINESS 1. (tills to be paid - hills to be ratified 2. Ordinance 347-77 - Special Revenue. Fund "Kenai Sr. Citizen Project" 3. Ordinance 348-77 - AuthoritinP Purchase of Used 57olorgrader 4, iteaolulion 77-81 - Transfer of Monies - Council on Aging Budget 5. Resolution 77-82 - Transfer of Monsen - Parko 5 Recreation 6. Resolution 77-83 - Transfer of Monies - Airport Land Fund 7. Resolution 77-84 Transfer of Monies - Printing 6 Binding (Non-departmontal) S. Resolution 77-65 - Transfor of Monies - City Clerk Budget Resolution 77-86 - Transfer of Monies - City Departments/Printing 8 Binding 10. Resolution 77-87 - Transfer of Monies - Airport OaM 11. Resolution 77-88 - Transfer of Monica - Public Works Administration/Street Maint. 12. Resolution 77-89 - Authorizing, Use of FAA Housing Area Lands 13. Resolution 77-90 - Rejecting Ritts for Sr. Citizen Nutritional Program 14. Resolution 77-91 - Accepting Grant Funds/Sewerage Project C-020077 15. EPA Sower Treatment Plant - 131caussion 10. Payment Kenai Airport Masterplan Study 17. Lease of Airport Londe or Facilities - Avis Rent-A-Car 10. Resolution 77-02 - Tranafor of Monies - Public works Department Rudirot 19, Payment Estimate #8 - Interstate Colnbnnv. Inc. - PDA water Project 07-01-01684 20. Recommendation of Appointment to Kenai Peninsula Borough Planning Commission 21. H. REPORTS 1. City Monagor's Repnrt 119 2. City Altorney'a Report 3. Mayor'a Report 4. City Clerk's Report 5. Finance Director's Pepert 6. Plantar o Zoning Commission•e Paport 7. Kenai Peninsula Borough Aasesnbly's Report 1. PERSONS PRESENT NOT SCIIEDOI,Fl) TO OF IIEARD 1. 2. 3. ADJOURNMENT T, MEMORANDUM TO: Honorable Mayor & City Council j FROM: Sue Peter, City Clerk i DATE: June 14, 1977 i SUBJECT: ADDITONS TO PACKET Please find enclosed, for your consideration, the following additions to the packet of June 15, 1977. Also, you will find a revised agenda and a memorandum from members of the Kenai Fire Department who will be appearing under "Persons Present Scheduled to Be Heard". Informational material enclosed includes the minutes from the Kenai Peninsula Borough Assembly meeting of May 17, 1977. ADDITIONS Persons Present Scheduled to be Heard C-5: Mr. Tom Waterer, Salamatof Seafoods, Inc. I _ Correspondence i E-4: Mr. B. E. Canson, Jr. Old Business F-3: Resolution No. 77-76, Retaining a consulting engineering firm for engineering design work on various proposed projects F-4: Lease of Dock Facility & Adjoining Lands/Salamatof Seafoods, Inc. F-5: Proposal to lease Airport Cafe & Bar/Mr. Paul Vadan New Business G-18.- Resolution No. 77-92 - Transfer of Monies within Public w; Works Department for additional funding for purchase of Sign Baking Machine G-19: Payment Estimate N/Interstate Company, Inc. G-20: Recommendation of Appointment of Representative to Kenai Peninsula Borough Planning Commission i i r ` T f I 1� 7 M r� CITY OF KENAI NOTICE OF TAX SALE NOTICE IS HEREBY GIVEN that the Council of the City of Venal, by Ordinance 335-77 and in accordance with law, authorized the sale of certain properties foreclosed on for non-payment of real property taxes and special assessments. The following individual parcels or groups of parcels will be sold to the highest bidder with the minimum acceptable bid for each parcel being that price stated next to each parcel: Lots 1 and 2, Block ll, C.F. Ahlstrom Sub. $1,200.00 Lot 43, Section 31, T6N, 1131W, SAI $4,500.00 (Buyer must dedicate 301 ROW for road) Section 4, TSN, 111111, SAI $4,500.00 190"E of NW Corner of Sec 4; Th E 2081; Th S 2481; Th W 2091; Th N 2481; to POB Cntg. 1.00 acres M/L Lot 5, Block 3, East Addition to $2,000.00 Kenai Townsite E 1/2 Gov't. Lot 36, Sec. 31, T6N $2,000.00 RIM , sm � Lot 11, Block 2, East Addition $ 75.00 to Kenai Townsite (No structure or other improvement may be placed on this parcel unless combined with surrounding lands. Any or all of these properties may be repurchased by the record owner or by his assigns prior to the date of the sale, in which case the repurchased parcel or parcels shall be removed from the sale list prior to the auction. The highest responsible bidder at the time of sale shall deposit 10% of the bid or $1,000, whichever is greater, as earnest money and shall pay the reamining balance at the time of closing. N Closing shall be within ninety (00) days of the date of sale. Costs of closing shall be paid by the Buyer. For bids In excess Of $5,000, Buyer, at his option may deposit 200 of the bid and enecute an agreement for payment of the remaining balance in ten equal nnnual installments plus interest at the rate of 8% with title to be transferred to Buyer only upon payment of all installments. The City of Kenai makes no representations or warranties as to its right, title or interest in the properties and conveyance shall be by special quitclaim deed. All property is sold subject to plat, covenant, and zoning restrictions and special assessments. City is not liable for payment of any brokerage fees in connection with this sale. Public outcry auction of these properties will be held on dune 15, 1877 at 7: 00 p.m, at the Kenai Public Safety Building, corner of Willow Street and Plain Street Loop, Kenai, Alaska. i •S S. r I f i 0PWj .. r - - i --,% CITY OF KENAI - KENAI PENINSULA BOROUGII INFORMATION FOR PROSPECTIVT; BIDDERS SALE OF LANDS FORECLOSED ON BY KENAI PENINSULA BOROUGH OR THE CITY OF KENAI FOR DELINQUENT REAL PROPERTY TAXES AND SPECIAL ASSESSMENTS. Tial; CITY OF KENAI IS SELLING, BY PUBLIC AUCTION, FIVE PARCELS OF REAL PROPERTY. Sale Procedure Each parcel will be announced in the order given on the attached sheet. The minimum acceptable bid and any special assessments for public improvements v.hich have been levied against the property will be stated. The special assessments announced consist only of those installment payments due after the date of this sale. The purchase price of the parcel covers all real property taxes through calendar year 1976 and all installments on special assessments due to the date of sale, even where those amounts actually exceed the purchase price. The bidding will be opened by asking for the minimum acceptable bid. Bids thereafter must be in increments of $100.00. After award to the highest bidder, the Clerk will issue a Notice of Sale naming the successful bidder and the purchase price. The successful bidder will then take the Notice of Sale to the Finance Director, Ross Kinney, seated at the table in the next room and sign an election of terms and pay his deposit. He may wait to do this until the close of the sale if he wishes to bid on other parcels. The buyer must deposit 10% of the bid price or $1,000.00, whichever is greater. Such deposit shall be considered earnest money and shall be non-refundable. If the bid price is in excess of $5,000,00, Buyer may, at his option, deposit 20% of the bid price and pay the rest in annual installments over a ten year period at B% per annum. This deposit is also non-refundable. The City shall not be bound by the sales made tonight until the Council has passed a resolution confirming each sale. This will be done on the regular Council agenda later this evening. Those resolutions will authorize the City Manager to execute the appropriate contracts. Those contracts will be prepared by the City and will be ready for the Buyer's signature next week. Sample forms of the contracts to be used have been circulated. For those buyers electing a cash sale, closing must be made within 90 days from this date will all closing costs to be paid by Buyer. The contract is similar to the usual earnest money contract. For those buyers electing to have the purchase financed by the City, the contract provides that the deed will be delivered to the buyer only after the full purchase price has been paid. Failure to make payments due results in the City taking possession of the land and the Buyer forfeiting payments made to that date as liquidated damages. Tax Foreclosure Titles I, The parcels to be sold have been foreclosed upon by the Kenai Peninsula Borough /-------- 111r__ __ or the City of Kenai for non-payment of delinquent real property taxes or special assessments and deeded to the City of Kenai pursuant to State Statutes. Since the purchase of foreclosed property is different from the purchase of other property, this section has been prepared to help prospective bidders understand the elements of a i tax foreclosure sale. The Kenai Peninsula Borough or the City of Kenai, pursuant to State law, filed actions in the Superior Court of the State of Alaska alleging that certain listed parcels of real property were delinquent in the payment of real property taxes or special assessments then due. Notice of this action was duly mailed to the record owners and published in a local newspaper. After the passage of at least one year in each action, as required by State law, the Superior Court deeded each of the parcels which had not been redeemed by its owners before that date to the City of Kenai. The City of Kenai on April 6, 1977 by passage of Ordinance 335-77 authorized the sale of these tax foreclosure parcels by public outcry auction. The record owner of each of the parcels listed in Ordinance 335-77 had the right to repurchase his property at any time prior to sale or contract of sale by paying all taxes due, plus penalty, interest and costs. For that reason, some parcels listed in the newspaper advertisements announcing this sale are not available for auction this evening. The attached list are the remaining parcels which will be auctioned tonight. The City of Kenai makes no representation or warranties as to its right, title or interest in any of the properties to be sold and will issue only a quitclaim deed to the successful bidder. A prospective purchaser should not expect to obtain normal bank financing, by means of a mortgage or deed of trust, such as a person would in an ordinanry purchase of real estate. By law, the municipal tax lien against the property is superior to all other liens and encumbrances on the property except state and federal taxes. However, the City cannot warrant the correctness of the property descriptions, the boundary lines, the existence of any easements, rights-of-way, encumbrances or other similar matters concerning title to the parcel being sold and it is the responsibility of the buyer to inform himself of these matters. Therefore, the City will not issue a general warranty deed, which is used in private real estate transactions and which warrants the correctness of such items. Lenders almost invariably require the existence of a general warranty deed before agreeing to finance a real estate purchase. Additionally, the City cannot guarantee that the former record owner of the property will not challenge the sale and involve the buyer as well as the City and Borough in litigation based upon irregularities in foreclosure proceedings or the constitutionality of State statutes prescribing foreclosure procedures. The title companies have also indicated that they will not insure titles obtained from tax deeds until seven years has elapsed from the issuance of the tax deed and then only under special risk rates. Because of the foregoing, the market value of the parcels under these circum- stances may be less than their appraised value or their market value under normal circumstances. I F r - �.,_.�:,i.-�-=mac_,..... _ CITY OF YENAI ORDINANCE' NO. 335-77 � � 1 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI AUTHORIZING A LAND SAIF. OF TAX AND ASSESSMENT FORECLOSURE PROPI".11TIES i WHEREAS, certain lands have been foreclosed on by the I(en.9i Peninsula Borough for nonpayment of real property taxes and have been deeded by the Superior Court to the City of Kenai, and =i WHEREAS, certain lands have been foreclosed on by the City of Kenai for nonpayment of special assessments and have been deeded by the Superior Court to the City of -� Kenai, and _( WHEREAS, the City has no public use for the parcels listed in this ordinance and is iempowered by State Statute to sell such parcels. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, AIRska, as follows: Section 1: The following parcels foreclosed on by the Kenai Peninsula Borough shall be offered for sale by the City of Kenai as provided in Section 4 hereof. The minimum bid shall be as stated opposite each parcel. The Buyer shall be liable for payment to the City of those special assessments listed: MINTIMUM. SPVVIAL DESCRIPTION nil) ASSFSS11'rMTS TAIr" Lots 1, 2, Block 11, C. F. Ahlstrom $1,200 Subdivision (Tar. Parcels 3`039-054-0100, 0200, Lot 43 Section 31, TGN, RIM, SM $4,500 One payment of $332.05 -.i (Buyer must dedicate 301 ROW for road) due December 1, 1977 (Tax Parcel 0043-090-0800) Section 4, T5N, 1111111, SA4 $4,500 One payment of $722.97 190' E of NW Corner of Sec. 4; Th E 2081; ,gyp D due December 1, 1977 Th S 2481; Th IV 208!; Th N 2481; to ' �1 POB Cntg. 1.00 acres M/L V C 01IDINAME 140. 335•-77, Pai;e Two Section 2: The following parcel.-: forecloned on by the City of Kenai shrill be 3 offered for sale in accordance with Section 4 hereof. The minimum bid shall be as stated opposite each parcel. The Buyer shrill be liable for payment to the Borough of those ydelinquent real property taxes listed: i MIN1"Unt SPECIAL DESCRIPTION Rin ASSi:SSMFNITS M71? Lot 5, Block 3, Bast Addition to $2,000 Kenai Townsite, Kenai Recording Dist. (Tax Parcel tt047-113-0200) S' j Section 3: The foUowinf; parcel has been foreclosed on for nonpayment of taxes and special of:sef:smcnts, The Council hereby finds that because of the size, topography and general location of this parcel, it is not suitable for any conventional privc:te land use and that it should be restricted to non-structural use unless combined with surrounding lands. Its market value accordinffly for less tlinn it would be under normal circumstances. The minimum acceptable bid is therefore as stated opposite the parcel. Buyer will be liable for payment of that special assessment listed: Lot 11, Block 2, Past Addition to Kenai Townsite, Menai Recording Dist. (Tax Parcel !#047-112-0600) ()Io structure or other improvement may be placed on this parcel unless combined with surrounding lands.) One payment of ` P3.95 clue December 1, 1977 Section 4: The properties lister] in Section 1, 2 & 3 shall he offered for solo at a public outcry auction to be held on dune 15, 1977 at 7: QO p.m. at the Kenai Public Safety Building, corner of Willow Street and Alain Street Loop, Kenai, Alaska. Section 5: Notice of such sale shall be given in accordance with City ordinance and in addition a Notice of Stile shall be mailed to the last record owner of each of the pnrcels offered for sale. Such notices shall state that the parcels offered for sale may be redeemed by the record owner at any time, prior to their actual sale. Notice shall also state that the City makes no representations or warranties as to its right, title or interest in the properties and that conveyance shall be by tax foreclosure quitclaim deed. t--- — � ---rte -r --- -•- r -� --r � — -� ORDINANCE NO. 335-77, Page Three I I 1 i Section 6: The highest responsible bidder at the time of sale shall deposit 1 100 of the bid or $1,000, whichever is treater, as earnest money and shall pay the remaining; balance at the th-ae of closing. Closing shall be within ninety (90) days of the date of sale. i Costs of closing shall be paid by the Buyer. For bid;: in excess of $5,000, Buyer, at his option may deposit 20% of the bid and execute an agreement for payment of the remaining balance in ten equal annual installments plus interest at the rate of 8%, with title to be trans- ferred to Buyer only upon payment of till installments. All property is sold subject to plat, covenant, zoning restrictions and special assessments. City is not liable for payment of any brokerage fees in connection with this sale. PASSED BY TILE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April, 1977. Glv"� • JAMES A. 1;I S01,1, AIAY011 ATTEST: Sine C. Peter, City Cleric i ' I - FIRST HEADING: Anril R. 1A77 SECOND READINC: Aril 20. 1977 EFFECTIVE DATE: I f ' i I 1 r A A- d CITY OF KENAI ORDINANCE NO. 342-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISHING A WORKING CAPITAL RESERVE IN THE GENERAL FUND. WHEREAS, the City of Kenai currently has no working capital reserve, and WHEREAS, there is a need for a working capital reserve to meet cash flow requirements for the normal day-to-day operations of the City within the General Fund, and WHEREAS, the General Fund balance will be adequate to establish this reserve for working capital on June 30, 1977. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska: That the Code of the City of Kenai is hereby amended by adding Section 7-80 which shall read in its entirety as follows: Section 7-80: There shall be established in the General Fund a working capital reserve. Such reserve shall be funded by reserving a portion of the General Fund Balance at June 30, 1977. Such reserve shall be limited to $400,000 which monies shall be used for the purpose of meeting the cash flow requirements necessary for the normal daily operations of the City within the General Fund. Use of the monies dedicated in this section for any purpose other than as provided in this section may be made only after opportunity for public hearing on such other use has been afforded and five members of the Council have voted in favor of such other. use at a regular meeting. This section may be amended or repealed only by non -emergency ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI this 15th day of June, 1977. ATTEST: Sue C. Peter, City Clerk JAMES A. ELSON, MAYOR FIRST READING: June 1, 1977 SECOND READING: June 15, 1977 EFFECTIVE DATE: July 15, 1977 CITY OF KENAI ORDINANCE NO. 343-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA SETTING FEES FOR INSPECTION OF WATER AND SEWER CONNECTIONS AND EXTENSIONS AND AMENDING CERTAIN OTHER SECTION OF THE CODE OF THE CITY OF KENAI. WHEREAS, the City of Kenai currently charges $10.00 for Inspection of a water or sewer connection or extension, and • WHEREAS, the some fee is charged regardless of whether the inspection Is made during normal working hours or after hours, and WHEREAS, many Inspections are done by City personnel after hours and on weekends thereby necessitating the City to pay these personnel overtime rates, and WHEREAS, the Council finds that those contractors who have inspections done after hours and on weekends should bear the cost of such after hours inspections, and WHEREAS, certain other amendments need to be made to water and sewer ordinances. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska as follows: Section 1: Section 17-53(d) of the Code of the City of Kenai is hereby amended to read in its entirety as follows: (4) No water main connection or extension shall be made or backfilled until it is Inspected and approved by the Public !tTorks Director or his designated representative. The contractor who shall be a City approved contractor, shall notify the City at least twenty-four (24) hours in advance of the time requested for Inspection. A fee of $10.00 for the &st 1-1/2 hours spent and $20 thereafter shall be charged for an Inspection made during normal working hours (8:00 a.m. to 4:30 p.m.) Monday through Friday). After the first hour and a half, charges shall be billed in one quarter hour increments. A fee of $35 per hour shall be charged for inspections made on Saturdays, Sundays, holidays or after 4:30 p.m. and before 8:00 a.m. on weekdays. Such fees shall be billed to and paid by the contractor. The minimum time chargeable for after hours Inspections shall be one hour. In excess of one hour, charges shall be billed In one- quarter hour increments. Contractors shall pay for actual time spent by the inspector, including travel time to and from the job. When the City requires that a tap be made at other than normal working hours, the fee applicable to normal working hours shall be charged. ORDINANCE NO. 343-77, Page Two Section 2: Section 17-58 of the Code of the City of Kenai is hereby amended by adding a new subsection (d) thereto which subsection shall read in its entirety as follows: (d) No sewer main connection or extension shall be made or backfilled until it is inspected and approved by the Public Works Director ° or his designated representative. The contractor who shall be a City i approved contractor, shall notify the City at least twenty-four (24) hours in advance of the time requested for inspection. A fee of $10.00 for the first 1-1/2 hours spent and $20 thereafter shall be charged for an inspection made during normal working hours (8:00 a.m. to 4:30 p.m.- Monday through Friday) . After the first hour and a half, charges shall be billed in one quarter hour increments. A fee of $35 per hour shall be charged for inspections made on Saturdays, Sundays, holidays or after 4:30 p.m. and before 8:00 a.m. on weekdays. Such fees shall be billed to and paid by the contractor. The minimum time chargeable for after hours inspections shall be one hour. In excess of one hour, charges shall be billed in one- quarter hour increments. Contractors shall pay for actual time spent by the inspector, including travel time to and from the job. When the City requires that a tap be made at other than normal working hours, the fee applicable to normal working hours shall be charged. Section 3: Section 18-20 of the Code of the City of Kenai is hereby amended to read in its entirety as follows: Connecting with Utilities Section 18-20: Property owners desiring to connect to water and sewer laterals or trunks shall make application for such connection and i pay all required fees at the main office of the City. All connections i to water and sewer mains shall be made by City approved contractors i and inspected by the Public Works Director or his designated representa-tive. It will be the responsibility of the property owner to furnish or supply all materials necessary to make the connection and to perform i; all necessary excavating, pipe -laying from the structure to the main, backfilling and compacting and to restore the roadway to its original b condition. i ! Section 4: Section 18-23 of the Code of the City of Kenai is hereby amended { to read in its entirety as follows: . r :., •.��:,.. c' .Inspection •..i� •. :, :• �, Section 18-23: All water and sewer tie-ins and construction of all water and sewer connections and extensions shall be inspected by the Public Works Director or his designated representative prior to backfilling. It shall be the responsibility of the contractor to insure that such inspections are done. The contractor shall notify the City at least 24 hours prior to the time requested for inspection. f. I T- - r 1 ORDINANCE NO. 343-77, Page Three Section 5: A new Section 18-25 shall be added to the Code of the City of Kenai. Such section to read in its entirety as follows: Penalty i Section 18-25: Any person or other entity who shall violate any provision of this Article 3 or of Article 2 hereof, by doing any act prohibited or declared to be unlawful thereby or who shall fail. to do any act when such provision declares such failure to be unlawful shall be guilty of a misdemeanor; and upon conviction thereof, shall be punished by a fine not exceeding three hundred dollars ($300.00) . Each day upon which any such violation continues, shall constitute a separate misdemeanor. Section 6: A new section 18-26 shall be added to the Code of the City of Kenai. Such section to read in its entirety as follows: Revocation of Permit Section 18-26: Failure on the part of a contractor to comply with any of the provisions of the Code of the City of Kenai, applicable to contractors, or to pay any applicable fee set by the Council of the City of Kenai, shall result in the immediate revocation of the Contractor's permit issued under Section 18-18 hereof, at the option of the City. Permits may be re -issued when the contractor has paid all fees owing and has settled all other violations in a manner satisfactory to the City. PASSED BY THE COUNCIL OF THE CITY OF KENAI. ALASKA this 15th day of June, 1977. • ATTEST: Sue C. Peter, City Clerk JAMES A. ELSON , MAYOR FIRST READING: June 1, 1977 SECOND READING: June 15, 1877 EFFECTIVE DATE: July 15, 1977 R� CITY OF KENAI ORDINANCE NO. 344-77 AN ORDINANCE OF THE COUNCIL OF TPE CITY OF KENAI SETTING RULES FOR USE OF CITY PARKS. WHEREAS, over the past years, persons have been setting up residence in the City park, and WHEREAS, this practice has inhibited use of the parks by residents of the City and visitors to the City of Kenai, and WHEREAS, the Council wishes to limit overnight camping in the City parks to a reasonable amount of time in order to assure that space will be available to residents and visitors. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai as follows: Section 1: There is hereby created within the Code of the City of Menai a new Article 4 of Chapter 18 which shall be entitled City Parks and which shall consist of Section 18-31 through 18-40. Section 2: Section 18-31 of the Code of the City of Kenai is hereby enacted to read in its entirety as follows: Overnight Camping Section 18-31: Overnight camping shall be allowed in City parks for periods not exceeding three (3) consecutive nights. Persons may camp an additional seven (7) nights by first obtaining a written permit from City Hall. Such permits shall be issued for periods not to exceed ten (10) nights including the first three nights for which no permit is necessary. The charge for such permit shall be $5.00. The permit shall be displayed at a conspicuous place in the camp. Section 3: Section 18-32 of the Code of the City of Kenai is hereby enacted to read in its entirety as follows: No Camping Under Shelters Section 18-32: No person shall set up a camp beneath or within 15 feet of a shelter provided in a public park. r ' s 3 ORDINANCE NO. 344-77, Page Two i i, Section 4: Section 18-40 of the Code of the City is hereby enacted to 1� read in its entirety as follows: i' Penalties: Section 18-40: Any person or other entity who shall violate any provision of this Article, by doing any act prohibited or declared to be unlawful thereby or who shall fail to do any act when such provision declares such failure to be unlawful shall be guilty of a misdemeanor: and upon conviction therof, shall be punished by a fine not exceeding one hundred dollars ($100.00) . Each day upon which any such violation continues, shall constitute a separate misdemeanor. I f PASSED BY THE COUNCIL OF THE CITY OF KENAI, this 15th day of June, 1977. JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk FIRST READING: .Tune 1, 1977 SECOND READING: .Tune 15, 1977 EFFECTIVE DATE: July 15, 1977 -- r f 1 AMENDMENT TO ORDINANCE NO. 344-77 Section 18-31 of Ordinance No. 344-77 is hereby amended to read as follows: Section 18-31: Overnight camping shall be allowed in City parks for periods not exceeding three (3) consecutive nights. Persons may camp an additional seven (7) nights by first obtaining a written permit from -City Hall. Such permits shall be issued for periods not to exceed ten (10) nights i including the first three nights for which no permit is necessary. Such ten (10) day maximum shall apply to a thirty (30) day period commencing with the first day of such camping. The charge for such permit shall be $5.00. The permit shall be displayed at a conspicuous place in the camp. L CITY OF KENAI ^ ORDINANCE, NO. 345-77 i AN ORDINANCF. OF THE COUNCIL OF THF. CITY OF KENAI, ALASKA IA'f'RFASING ESTIMATED REVENUES AND APPROPRIATION'S IN THE GENrRAL FUND Ih THE AMOUNT OF $3,325 FOR THE PURPOSE OF PURCHASING A SIGN' RAKING '.'►ACNINF WHEREAS, the City of Kenai participated with the State *f Alaska "Safer Roads j Demonstration" program, and WHEREAS, the purpose of this program was the construction and maintenance of traffic control devices, and WHEREAS, the State of Alaska paid the City $3,325 for this project, and i WHEREAS, the purchase of a sign baking machine to reduce the cost of future sign projects is desirable, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska _ that the following increases in estimated revenues and appropriations be made: 1976-77 General Fund Budget ' ! Increase Estimated Revenue: � 1 ` State Street Sign Project $3,325 Increase Appropriations: ! Street Department Machinery & Equipment $3,325 PASSED BY THE COUNCIL OF THE CITY OF KENAI, this 15th day of June, 1977. JAMES A. ELSON, MAYOR ATTEST: 'J Sue C. Peter, City Clerk FIRST READING: .Tune 1, 1977 4 SECOND READING: June 15. 1977 EFFFCTIVF DATE: July 15. 1977 -- '- `IL- - . CITY OF KENAI ORDINANCE NO. 396-77 AN ORDINANCE OF THE COUNCIL OF THE CITY nF KFN*AI, ALASKA INCREAfi1'�?O ESTIMATED REVF'JC'ES AND APPROPRIATIONS IN TTIF. OF.N'FRAL FUNT) IN TT -IT? A*40T'I*T OF $301 FOR LIBRARY BOOKS & MATFRIALS. WHEREAS, patrons of the Kenai Community Library have mAde donations for the purchase of books and materials, and WHEREAS, the donations amount to $301, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THERFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KF.N*AI that the following increases in Estimated Revenues and Appropriations within the 1976-77 General Fund Budget be made: 1976-77 General Fund Budget Increase Estimated Revenues: Library Donations $301 Increase Appropriations: Library Books $301 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15th day of June, 1977. JAMES A. ELSON, IMAYOR ATTEST: Sue C. Peter, City Clerk FIRST READING: June 1, 1977 SECOND READING: June 15, 1977 EFFECTIVE DATE: July 15, 1.977 A -:7Z77 CITY OF KENAI ORDINANCE NO. 349-77 AN ORDINANCE RATIFYING THE PURCHASE AND INSTALLATION OF LIFT STATION PUMPS, AUTHORIZING EXPENDITURE OF $10,000 'FROM RESERVE FOR WATER & SEWER CAPITAL IMPROVEMENTS, AND DECLARING AN �WIERGF.NCY. Lit. WHEREAS, a lift station on the City sewage system became Inoperable due to break- down of pumps, and WHEREAS, it was necessary to replace the pumps, rather than to repair them, and WHEREAS, the replacement of pumps of the lift station was necessary for the immediate preservation of the public health, and WHEREAS, only one supplier was able to immediately furnish the necessary pumps, and WHEREAS, themit t-tanda-Lv-a-ilakle-fail.-vurenase of new pumps in the water and sewer budget are ULAh4a reserve for capital improvements as Ordinane"o. 310-76, and WHEREAS, an ordinance is required to apprap- M-sv�d—se—rve. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai as follows: 'Section 1: This ordinance is hereby declared to be an emergency ordinance. It is the judgment of the Council that this ordinance is necessary for the Immediate preservation of the public health and that it should become effective prior to the time when an ordinary ordinance would become effective. Section 2: Purchase of lift station pumps to hereby ratified for $10,000. Such purchase was made in accordance with 97-37(2) which exempts equipment which can be furnished only by a single supplier from the requirements of competitive bidding. Section 3: The Council hereby finds that the purchase of these pumps constitutes a capital Impro or-syttem-be 1031, K''i 11i FlxpendUures--are made for items with a e expectancy of several ye 2 W k- 11 ORDINANCE NO. 349-77 - Page Two Section 4: The following authorization for expenditure is hereby made within the exis ng Water and Sewer, Fund Reserve for Capital Improvements. P P $10,000 Section 5: On this date, this ordinance has been passed upon introductior. by a majority of the Councilmembers present, unanimous consent of the Council - members present has been given for second reading of the ordinance, all persons present have been given an opportunity to be heard regarding this ordinance, and five Couneftembers have voted in favor of final passage of this ordinance. This ordinance is effective immediately upon final passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI this 15th day of June, 1977. JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk FIRST READING: June 15, 1977 SECOND READING: June 15, 1977 EFFECTIVE DATE: June 15, 1977 TO: City of Kenai SUBJECT: Resignations Y- ,Due to the following descrep• imias, %,e n.. yrs c,- the Kenai Fire Department are unable to continue to fullfill our duties for the people of Kenai. A - Wages not being cagetitive with other in PWi Iic Safety i.e. Police, Librarian, Mechanics. B - We can not do our jobs safely and effici.:ntly because, we :wave to do it with a skeleton crew - taro men per shift. We feel the safety of the people we are to protect and our own crew is in jeopardy with the man -power the way it i:;. We feel six additional men would be suitable. C - Ido representation from our Department head. We, of the Fire Depart rant respect our jobs, as Professional Firefighters to much to let it go dawn the drain. Effective 12:00 BM June 9, 1977 v 7 CC: Chief Thomas, City Manager, and Council IN I ilk 1 11.4U..,.,_.. tide F -- -T r t ' To: FROM: i; DATE: SUBJECT: T- John Wise, City Manager Ken Thomas, Fire Chief June 9, 1977 Wage Scale, Nikiski Fire Department 76 - 77 79 'sf "t �4 L 4 Here is the wage scale at present, but was unable to get the 77 - 78 o. scale as it is still in the making. , ;, ,,� ;•. CNPVUN STARTING 1851.00 TO 2200.00 - LIEUTENANTS Sl�Il3G 1727.00 TO 2052.00 SE MMM STAINING 1613.00 M 1913.00 PIROM SMWING 1508.00 TO 1788.00 - Their Firemen also act as Engineers. FRINGE 20% They expect a 10% increase less Fringe. vw Their Main Station, Sal.amantoff, has three (3) on nights including �. Mztl Saturday and Sunday, and five (5) on days Mnday through Friday. The North Station has but one (1) on duty day and night, but as df July 1, 1977, they will have two (2) on duty both day and night. 'r 79 'sf "t �4 L 4 1 To: MOM: f f' DATE: �! SUBJBM i�. 1� John Wise, City Manager Ken Thanas, Fire Chief June 9, 1977 Maming Schedule April 1977 - May 15, 1977 Ei 1, 6 Ptd ENG. -�. r __ F. 2, 8 AM CAPT. 2, 6 PM LT. a -r• f,-: i. ,I LIE 1 I r •, i t ---- -- - --� F.F. � F.F. 3, 8 AM LT. 3, 6 PM ENG. F.F. F.F. 8 PM (1) SLEET' -IN 4, 8 AN LT. 4, 6 PM LT. ENG. �� F.F. F.F. F.F. 10 PM (1) SLEEP -IN 51 8 AM CHIEF 51 6 PM LT. Ill'. `.// F.F. Ilf. 9 PM (1) SLEEP -IN F.F. !iY/ F.F. 6; 8 AM CHIEF' 6, 6 PM Dr. • CAPT. F.F. TA'. F.F. LT. 10 PM (1) SLEEP -IN F.F. 7, 8 AM CHIEF 7, 6 PM LT. CAPT. F.F. 12. 8 PM (1) SLEEP -IN IJP. F.F. F.F. 81 8 AM CAPT. 8, 6 PM ENG. LT. F.F. Lr. 10 PM (1) SLEEP -IN F.F. 9, 8 AM CAPT. 9, 6 PM rz. ENG. F.F. F.F. 10 PM (1) SLEEP -IN 10, SAM I1P. 10, 6 PM ENG. F.F. F.F. 10 PM (1) SLEEP -IN ---- -- - --� a - APRIL 11, 8 AM CHIEF 11, 6 PM LT. r ENG. F.F. - F.F. F.F. 10 PM (1) SLED-IN ' 12, 8 AM CHIEF 12, 6 PM ENG. LT. F.F. F.F. 9 PM (1) SLEEP-Ill ' F.F. ; ' 13, 8 MI CHIEF 13, 6 PM LT. cmv. F.F. ENG. F.F. F.F. 9 PM (1) SLEEP-IN 14, 8 AM CHIEF 14, 6 PM LT. CAPT. F.F. L1'. 9 Poli (1) SIS-Ili • F.F. F.F. 15, 8 AM CAPT. 15, 6 PM LT. Im. F.F. F.F. F.F. 9 PM (1) SLP-IN ` 16, 8 AM COT. 16, 6. PM LT. � I1P. F.F. F.F. 9 PM (1) SLEEP--IN F.F. 17, 8 AM LT. 17, 6 PM ENG. R F.F. F.F. i 9 PM (1) SLEEP-IN 4 18, 8 AM CHIEF 18, 6 PM W. l ENG. F.F. ' r F.F. 9 PM (1) SLEEP-IN t- i 19, 8 AM CHIEF' 19, 6 PM ENG. _ LT. F.F. I F.F. 9 PM (1) SLEEP-IN 20, 8 AM CHIEF 20, 6 PM I1P. CAPT. F.F. _ ... _ . ENG. F.F. I F.F. j 21, 8 AM CHIEF' 21, 6 PM ENG. ` CAPT. F.F. LT. 10 PM (1) SLEEP—IN F.F. ;. F.F. 22, 8 AM CAPT. 22, 6 PM LT. ENG. F.F. F.F. 10 P14 (1) SLEEP-IN VNEW HIRE'_) I 1 a I i i, i �- �—. _ - - . _ ... - ____ . _ - �, .--...--ter-- - •- ---- — -- - --� - --- - - - F.F. 7 PM F.F. t 10 PM APRIL j 23, 8 AM CAPT. LT. 8 PM F.F. 25, 6 PM LT. 24, 8 AM LT. 9 PM F.F. { 25, 8 AM. CHIEF LT. Y - 6 PM F.F. 27, 6 PM F.F. 26, 8 AM CHIEF • 9 PM Itr. 28, 6 PM F.F. F.F. 27, 8 AM CHIEF CAPT. ENG. F.F. F.F. (TRAINEE) 28, 8 AM CHIEF CAPT. Vr. F.F. F.F. (TWJNEE) 29, 8 AM CAM MM. F.F. F.F. (TRdiIM) 30, 8 AM CAPT. 1 Vr. F.F. 4 F.F. (TRAINEE) — . -% _ -..s.- - 23, 6 PM LT. F.F. 7 PM F.F. 30, 6 PM 10 PM (1) SLEEP -IN 24, 6 PM M. F.F. 8 PM (1) SLEEP -IN 25, 6 PM LT. F.F. 9 PM (2) SLEEP -IN 26, 6 PM EM. F.F. 6 PM (1) aw -IN (NEE HIRE 27, 6 PM LT. F.F. 9 PM (2) SIS" -IN 28, 6 PM E24G. F.F. 10 PM (2) SLEEP -IN 29, 6 PM M. F.F. 7 PM (1) SLEEP --IN 30, 6 PM EM. F.F. 10 PM (1) SLEEP -IN The folim ng reflects the first 15 days of May. The remainder of the month of May will follow about the same due to vacation leave and one man out due to a bad ankle. P M j a MY t 11 814 ENG. F.F. 10 PM (1) SLEEP—IN 2, 8 AM CHIEF LT. 3, 6 PM F.F. F.F. (TRAINEE) 9 PM (2) SLEEP—IN 3, 8 AM CHIEF LT. 10 PM F.F. — 6 P14 F. F. (TRAINEE) 4, 8 AM CHIEF 12 AM LT. 6, 6 PM F.F. 51 8 AM CHIEF 7 PM LT. 7, 6 PM F.F. 6, 8 AM CAPT. 8, 6 PM F.F. 7, 8 AM IIP. 8 PM F.F. 8, 8 AM CAPT. F.F. ` 91 8 AM CHIEF 10, 6 PM LT. F.F. 10, 8 AM CHIEF 11, 6 PM CAPT. F.F. ].1, 8 AN CHIEF 6 PM �I LT. F.F. 9 PM F.F. 13, 12, 8 AM CHIEF y�l F.F. IST. 6 PM CAPT. F.F. 13, 8 AM LT. 6 PM LT. F.F. 14, 8 AM LT. i f (1) SLEEP—IN F.F. 15, 8 AM CAPT. ii F.F. 1, 6 PM LT. F.F. 10 PM (1) SLEEP—IN 2, 6 PM LT. F.F. 3, 6 PM LT. F.F. 9 PM (2) SLEEP—IN 4, 6 PM LT. F.F. 10 PM (3) SLEEP—IN 5, 6 P14 CAPT. F.F. 12 AM (1) SLEEP -]N 6, 6 PM LT. F.F. 7 PM (1) SLEEP—IN 7, 6 PM CAPT. F.F. 8, 6 PM UT. F.F. 8 PM (2) SLEEP -IN 91 6 PM CAPT. F.F. 6 PM (1) SLEEP—IN 10, 6 PM Ur. F.F. 8 PM (2) SLEEP—IN 11, 6 PM LT. F.F. 9 PM (1) SLEEP—IN 12, 6 PM TR. F.F. 9 PM (2) SLEEP—IN 13, 6 PM LT. F.F. 14, 6 PM CAPT. F.F. 15, 6 PM LT. F.F. 9 PM (1) SLEEP—IN ---W. .. ... _w _:J111I1101 111 II IN i i I f - - -� ! - •. t ROGERS & BALDWIN ATTORNEYS AT LAW * TIMOTHY J ROGERS � /+� POST Oii1GE EiOX W61 C R E+ALVWIN V KENAt.ALASKA J9611 f q _J TELEP.Otic -90Y a63-7167 June 6, 1977 X r F/ City of Kenai P. Q. Box 5$8 Kenai, Alaska 99611 Honorable Mayor and City Council: I am writing this letter on behalf of my client, Copper Valley Machine Works, Inc. who has applied to lease from the City its existing dock facility. It is our understanding that at its June 1, 1977 meeting the Council directed the City Manager to enter into lease negotiations with Salamatof Seafoods, Inc. It is the purpose of this letter to request that the Council reconsider its decision. and to provide all interested parties the opportunity to appear before the Council and publicly present their respective positions with regard to the lease of the facility. The reasons for our request follow. 1. The applicants failed to receive adequate advance notice of the fact that the Council would decide the lease matter at its last meeting. For that reason no interested parties attended the meeting, and no public presentation was possible 1 at that time. We believe that the result would have been different if a full presentation of our position had been made. k2. The Planning Commission and Harbor Commission, sitting together, gave overwhelming approval to the Lease Application submitted by my clients. R The decision was made after the bodies had availed themselves of the opportunity to study all proposals in depth, and to hear the public presentations of both the serious applicants. It appears as though the Council failed to adequately consider the recommendation of these bodies in arriving at its final determination. 3. In making its decision to lease the harbor facility to the successful _ applicant, the Council may have acted in disregard of the language in the original patent to the City which requires that the property be used for " ublic docking facilities, maritime commerce, transportation, warehousing, distribution 1t- i T __ - _— -. City of Kenai June G. 1977 Page Two of commerce, fishing, and port and waterfront development purposes." Salamatof Seafoods, Inc. has quite candidly admitted that its purpose in leasing the dock Is to provide itself with a facility wherein it will enjoy priority over other firms or other types of commerce which would require the use of dock facilities. The City's patent further provides that in the event the property is not used for the purposes set forth in the patent, title shall revert to the United States. In reconsidering its decision, the Council should give serious thought to the issue of whether or not the City's title to the property will be jeopardized under the proposed lease arrangement. 4. In limiting the use of the facilities to that which will be enjoyed by a private cannery business, the Council has failed to give the Port of Kenai the opportunity to grow and expand into something greater than the seasonal unloading of fish. In its last report concerning the feasibility of providing a deep -water port, the Army Corps of Engineers determined that the minimal amount of present fishing activity in the Kenai River does not warrant the construction of a deep draft facility. A port facility which would encourage barge traffic would establish the economic feasibility of a deep -water port at Kenai. With the acceptance of the Salamatof proposal, the fate of the Kenai deep -draft harbor to effectively sealed. S. The Council apparently failed to take into consideration the fact that the type of development proposed by my clients was completely compatible with the needs of Salamatof Seafoods, Inc. This fact was realized by the Planning Commission and Harbor Commission who, in their recommendation to the City Council, suggested that the lease provide that seafoods and other perishables be given priority over other types of freight traffic. With this built-in protection, together with the fact that the docking facilities are required to be public, the dock facility together with any additions to it could conceivably serve, not only one fish processor, but perhaps others who could be encouraged to utilize the facility during the fishing season. 6. My clients have proposed to commit their efforts and financial resources to a long-term development plan to construct facilities which would provide for increased transportation services to theup blic , a marine repair facility for the ublic, docking and wharfage facilities for the public, and warehousing facilities for the public. As noted above, the foregoing services are in no way incompatible with seasonal usage contemplated by Salamatof Seafoods, Inc. i �., City of Kenai M June 6, 1977 Page Three The City Planning Commission and the Harbor Commission took into consideration all of the above factors in making a recommendation to the Council. It is with the foregoing factors in mind that we suggest to the Council that the decision made at the meeting of June 1, 1977 be reconsidered, that all serious applicants be given the opportunity to fully and fairly present to the Council their respective positions in support of their applications, and to hold themselves available for questions from the Council. No other public docking facility exists on the Kenai River. As the decision now stands, future development of water transportation facilities have been effectively foreclosed. The public good requires that before the final decision is made, careful and serious consideration .should go into the final decision. Your thoughtful attention to this matter is greatly appreciated. ' Very truly yours, C. R. BALDWIN Attorney at Law CRB• jh cc: Salamatof Seafoods, Inc. P. O. Box 1095 _ Kenai, Alaska 99611 James W. White P. O. Box 876 Kenai, Alaska 99611 George Navarre z .�)P. 0. Drawer E j Kenai, Alaska 99611 E I rM M May 10, 1977 Mr. James A. White Coppor Valley Machine Works, Inc. Post office Box $76 Kenai, Alaska 99611 Dear Mr. White: The City of Kenai is ready to begin the process of selecting a lessee for the City dock located on the Kenai River (U . S. Survey 4563) and those lands adjacent to it (Government Lot 10, Section 4, T5N, R11W, SM). It is the City's intent at this time to lease both parcels as an entity. To date, we have received lease applications from three parties, a letter of proposal from another party, and prelimi- nary inquiries from three other parties. You are one of these parties who have expressed the desire to lease this property. There may be additional interest generated by a solicitation of proposals to be published in the Peninsula Clarion. The dock itself is under a lease purchase agreement with the U. S. Government. Under that document, the City is able to lease the dock for any purpose. Government Lot 10, however, is restricted in its use. it was acquired by the City under the Recreational and Public Purposes Act for uses set out in the patent only. Those uses are public docking facilities, maritime commerce, transportation, warehousing, distribution of commerce, fishing, and port and waterfront development purposes, only. 03 lu f F CITY DOCK FACILITY, Page Two r ..•- - A copy of the patent is enclosed for your information. This land cannot be used by the City or any lessee for any purposes other than those listed. In addition, because of the provisions of the patent prohibiting transfer of these lands, the Deportment of Interior requires that the City maintain strict control over the operations of any lessee. In order to comply with this require- ment, the final lease entered into by the City and the successful applicant will contain extensive reculntory provisions. Failure to strictly comply with these provisions will result in termination of the- lenssehold. The exact terms of these provisions cannot be determined at this time because they will be dependent upon the nature of the operations proposed to be conducted on this property. I will outline some of the general provisions, however, which will be included in any lease. The lessee will be required to affirmatively demonstrate to the City that it pro- vides adequate hours and procedures for accessibility for the public to those portions of its operation open to the public. Services to the public shall be on a fair,. equal and not unjustly discriminatory basis. Any rates charged to the public must be fair, equal and not unjustly discriminatory and must be approved by the City except in cases where a rate is mandated by another governmental agency. In such event the City shall be notified of such rates but need not approve them. The lessee may not refuse, withhold from or deny 'to a person any of its public facilities because of sex, marital status, changes In marital status, pregnancy, parenthood, race, religion, color or national origin. Additional control necessitated by the particular operation proposed will be discussed on an individual basis with'the applicant prior to the final selection process. If you wish to submit a formal application or change your application on file In any manner based on the criteria set forth in this letter and in the enclosed patent, please do so by 4:00 p.m., May 20, 1977. I urge you to be specific about the immediate and long-range operations you propose and include a development plan showing timing and physical characteristics of any planned capital improvements. You may propose any term of years necessary to your a operation. However, preference will probably be given to longer terms. Applications will be reviewed upon receipt and if submitted early, you will be 1 given an opportunity to correct any deficiencies in the application apparent from our review. N I 1 i t CITY DOCK FACILITY,' 1'age Three :i i The applications will be reviewed by the City of Kenni Parhor Commission and { the Kenni Advisory Planning and Zoning Commission nt a joint specinl meeting; tentatively scheduled for Tuesday, May 29, 1977 at 7:00 p.m. You will be given an opportunity to present your proposal in person at this meeting. That joint body will then mnke its recommendations to the City Council. Following this meeting and prior to 10:00 a.m., Friday, ^lay 27, 1977, the applicants who wish to be considered further shall submit a sealed bid on the lease rate they are willing to pay the City. J These bids will be opened at 10:00 a.m., Friday. May 27, 1977 and the results will be sent to the City Council along with the recommendations of the harbor and Planning Commissions. The Council will review the applications and hear per- sonal presentations at their regular muting of June 1, 1977. The decision of the Council will then be rendered in writing and a lease will be negotiated with the successful applicant. That lease will be considered for approval by the Council at their meeting of June 15, 1977. The City wishes to make it clear from the beginning that it is under no obligation to accept the highest bid. The decision will be made based on all the facts and circumstances. The Council will accept the proposal which is most advantn('eous to the citizens of the City of Kenai in terms of best use of the land, most service, accessibility and utility to the public, highest lease rate, greatest property tax base, most generation of sales tax, most employment potential, or any such other criteria as the Council may find pertinent. A lease application, maps of the area, and legal descriptions are enclosed for your. convenience. Please contact me if you have any questions concerning your appli- cation. Very truly yours, CITY OF KFNAI, ALASKA John E. Wise, City Manager r - ;,,-- �T � � -� �- •- --�- -----fir TO: City Council, City Manager, and Citizens of Kenai �G SUBJECT: Grievances concerning wages and manpower. .I ARTICLE I. Wages: Section A: Fire Department personnel are not paid comparable to Police Department. I f Section B: Fire Department only Department in City not getting overtime of off duty hours. Alarms and training. ARTICLE II. Manpowers Section A: At present during night hours there Are two paid men on duty. We would like to see this upgraded along with an expansion of our volunteer program. r r ' Grievance proposals j! ARTICLE I Section A: 1. Captain Step 17 2. Engineer Step 15 3. Fire Fighter Step 14 ARTICLE I Section B: 1. Minimum one hour Ambulance calls. 2. Minimum one hour Fire calls. 3. Overtime to be lh wage. 4. Overtime for training volunteer off duty. 1 ARTICLE II Section A: i Re -schedule manpower we would need to hire one man to give us three man shifts,•that would leave the Department with two administrative positions. .I I i I v t I. f I i i - r� i, F__ dP J Mr. John Wise, Kenai City Manager, Kenai, Alaska June 13, 1977 Sir= The moral of the staff of the Kenai Fire Department is at an all time low, its effeciency impaired, its growth stunted and its ability to act as a protective agency for the citizens of Kenai greatly inhibited. We would like to advise you of the ongoing conditions and what we feel to be the prime reasons for these con- ditions. There has been no representation by Chief Thomas at any and all public hearings on behalf of the men who work under him and the department he represents. Since Chief Thomas has been in office the Fire Department has lost their fire secretary, control of the communi- cations center, control and use of the day room due to various city functions, etc. He has exhibited gross neglect in the manpower status (understaffed) of this department and failed to take any action to recti- fy same. This has been discussed with him by concerned fire personnel on several occasions and met with total disinterest. There have been requests for upgraded equipment in the ambulance and fire fighting equip- ment, such as the tanker. These requests have met with absolute refusal on the grounds "it was good enough in the past, its good enough now." - Chief Thomas shows consistent lack of professionalism in relationships with his supervisors and firefighters. He makes belittling and non -supportive remarks about personnel in front of other personnel. This causes dissension and abrasion in working relationships be- tween individuals and is the major source of disharmony in the department. Furthermore Chief Thomas does not back up his supervisors, for example, in requested written repremands from supervisors to subordinates. Instead he approaches the problems as a common gossip and encourages contentious atmospheres rather than dieiplined ones. 4 �P�i �11a��. •�L �� 't } dP J Mr. John Wise, Kenai City Manager, Kenai, Alaska June 13, 1977 Sir= The moral of the staff of the Kenai Fire Department is at an all time low, its effeciency impaired, its growth stunted and its ability to act as a protective agency for the citizens of Kenai greatly inhibited. We would like to advise you of the ongoing conditions and what we feel to be the prime reasons for these con- ditions. There has been no representation by Chief Thomas at any and all public hearings on behalf of the men who work under him and the department he represents. Since Chief Thomas has been in office the Fire Department has lost their fire secretary, control of the communi- cations center, control and use of the day room due to various city functions, etc. He has exhibited gross neglect in the manpower status (understaffed) of this department and failed to take any action to recti- fy same. This has been discussed with him by concerned fire personnel on several occasions and met with total disinterest. There have been requests for upgraded equipment in the ambulance and fire fighting equip- ment, such as the tanker. These requests have met with absolute refusal on the grounds "it was good enough in the past, its good enough now." - Chief Thomas shows consistent lack of professionalism in relationships with his supervisors and firefighters. He makes belittling and non -supportive remarks about personnel in front of other personnel. This causes dissension and abrasion in working relationships be- tween individuals and is the major source of disharmony in the department. Furthermore Chief Thomas does not back up his supervisors, for example, in requested written repremands from supervisors to subordinates. Instead he approaches the problems as a common gossip and encourages contentious atmospheres rather than dieiplined ones. 4 Page Two Chief Thomas exhibits a complete lack of trust in the fire- fighters and when ISO announced a planned effeceincy test the Chief rescheduled his men so only supervisors that he had any confidence in were on duty to perform the tests as required with the firefighters. Whether ISO construes this special scheduling as a form of dishonesty is unknown, but it acutely points out the Chief's detremental attitude to- ward his firemen. - Sir, there are other examples that could be given about these affairs, but for the sake of brevity they will not be in- cluded at this time. In short, Mr. Wise, it is the unani- mous opinion of the staff of this department that the conditions are intolerable. We have approached our depart- ment head with problems and suggestions and have been met only with negativism, disinterest and sarcasim and we now take this opportunity to submit this letter of confidence and request retirement, or removal, of the present depart- ment head, Chief Thomas. Thank you for your time and attention to this serious matter. Respectfully submitted, Lt.d.Burnett Lt.R.McGrady /j Lt. J. McGraw Eng. S. Townsend FF B. Burch FF D. wn P � a t F L. Rosano i ccs Kenai City Council i .TTTne 23, 1977 i� " TO: Kenai Advisory Virmning E 7.oninv rnTnmission PROM: John r. 'Mise, pity � TannTrr_r i Dear Comrnission IlemberiT: The nttaehed letter from TCenni "onitors wns roneived by the City Council on ,Tune 15, 1977. At that time, the rrntncil 1, referred the letter to the Advi4ory Pinnninfr and 7nninK Commimdon for comm^nt and rer:ommendationa. i, John F. Wisp Ti9/oh Attnehment v i CLAD REALTY REALTOR " GAIL GLAD • BROKER f t Mr. John Wise i' City of Kenai i Dear Mr. Wise, 73 BOX 3100 KENAI, ALASKA 99611 OFFICE 293.4444 Juneld, 1977 At your request and that of the Kenai Chamber of Commerce Board of Directors, the real estate Brokers in Kenai met and drew up the following proposal for the brokerage of f city land. The proposal covers six points that the brokers felt were important, but realized that there would be other j points of discussion in negotiating a final contract with f the City of Kenai. 1. The brokerage fees would be 10%a of the sale price for fee simple land and 10% of the first year or 5% of the first 5 years of a lease. � 2. Treatment of the listings would be as any other client as regards advertising, promotion, ect. a 3. We would suggest that prospective lessors post a preformance deposit in lue of the return of title within a year as part of the lease.. The amount of deposit and length of time would '-t depend on the type and size of the project. 4. The broker, in putting together a sale or lease would have ' full authority, within the zoning of the city, to work out ' details with the builders or developers. (cont. on page 2) 0 e... .......T.y LAD REALTY x 3100 GAIL GLAD - BROKER KENAI. ALASKA 996111 1 ,.LF Re OFFICE 293-4444 Comprehensive planning and zoning should be developed and specified on each lot listed With the brokers. A zoning a map for the City must be developed. S. it is recommended that the City actively persue the release of lands for fee simple sale rather then lease excepting lands contiguous to the airport. 6. Listings to be to brokers within the city of Kenai. However all city Brokers are to co -broker with out of town brokers. Kenai Brokers have a fuller understanding of the problems, assets and liabilities of the city lands. This proposal is meat only as a rough draft and hopefully a long and fruitful association between the real estate industry and the City of Kenai. ; I Respectfully, Gail Glad Leo T. Oberts Richard Mueller y ; Jerry Andrews z I.. I 4 Jerry Thompson C 1' E i , j i f, } 1 j 1 � t I ,�/•jJ / � ff// I - t llii�l.CJi. —� s�v �c �l.J� , d ! I� ..c.vt •ck -c' A ccs° J -c . t t 1 ! aacRN"�seRlws /.7/77 1•'1£55AGE , - liwalls� �} a rc�Iasst f�•»I /1'l�. w/L7rs. fi/eraP•n��/ re�wre�i�� /a �Na�.//.�.h OT Two S�res/ /'f eN �q(N/ON taTwliM 404 Ows 9J, v--7_,.. k.. �IM6��rM Y0-9' 1*SGJ ��.MiNr n4• edoUwel suck 1��a t'1f41r AT/•iaa Ieroas" mooed. IN*I 4NJ 0'.4 7O cOf.Y1i.r PN M �tiM A� r. ua_I'. C�u..c .Ir � T�.�/�✓.✓i ;. �A t �N�t� ��M4iN . !� .gfN� 6 /O %/iM /'O �� moi. i�h �1�5� r!-17 MI s��'••� f�.7 !N. �j�� L4 1 NSI'+//i� T — (� [ aNl a/ae j4dT new Le 901./I0/4 ATTENTION OF- D -VIAS REGULAR MAIL ❑ AIR MAIL !1 '� ❑ SPECIAL : s ! 0 C4 TJ .'/ N . FOLD - SENT 0 O NO REPLY NECESSARY REPLY REQUESTED REPLY 1 - ` IV • i ' F CITY 0:-' KENAI R BOX 580 1"r7-71", ANSWERED 9Y C KENAI. ALASKA 88881 -, 283-7535 DATE N[PLV RICO. AIR 6PCC. I VIA I Ms / BENDER t FOLD IN CENTER WITH WHITE AND PINK COPY INTACT. RECEIVER t RETURN WHITE TO BENDER KELP PINK • FbLD IN CENTER "TO" ADDRE99 PITO STANDARD #10 WINDOW ENVELOPE. --FROM" ADOREOO FITO STANDARD VIO WINDOW ENVELOPE. t Public Works Director City of Kenai Kenai, Alaska, 99611 May 25, 1977 Kenai, Alaska RB: May 25, 1977 phone conversation Dear Mr. Aber: There is a situation that exists near our high school that we feel is somewhat unsafe for many of the Jr. High and High School students that must travel through this area. We feel that the addition of two street lights would make this a much safer area. This could be accomplished at a minimum expense, as there are already power poles located at the very areas where the problem exists, to which the lights could be attached. This is a heavily wooded area on both sides of the street and during the school months, it reaches total dark - mess, We feel that it's just a matter of time until some incident, or accident will occur, that we might well prevent by the addition of a couple of lights now. Attached is a brief sketch of this section, that we are submitting for your consideration. If we can be of any help in this matter, please feel free to contact us at the phone number or address listed below. Sincerely Yours, Herman & Irene Fandel P. 0. Box 915 Kenai, Alaska, 99611 Phone 283-4501 I 4 . • i �I i' i4 _ it - ---- - - - - — - - - - - - - - -- -- - - - -- - S ii 1! ' t•, y �0 i W's oDp n i{ 2 H S � I i frovsi' O� a Ivas 8A t a Fo;7-� �1�: v►icoc;�,v pov.j c cs "rv APoRr BovER ' t��!"'�::><• 4 �Nr 131n�>. VR woo1�E� rJ�'ER. s i �I i' i4 _ it - ---- - - - - — - - - - - - - - -- -- - - - -- - t i � t Ju:ie p •,,ilk. I� TO: lionoral WROM: Janij SUBJECT: Request for Repurchase = r •� Lot 30, Section 33, T6N, R1114, S.". ► The attached letter cons recently received by the City iOw. 4E of Kenai. There is no richt to repurchase pronerty 0"'�` ~ once it has been sold. There is also no requirement •j for notification prior to sale. The last noti.ficati-n reyuized to be sent is the notice of expiration of redemption period which states that if not redeemed, the owner will lose all right, title and interest in the property« This is a parcel foreclosed on by the aorough and as far as I can ascertain, all the required notices were seat. The oniv option available at this Point is to consider voluntarily giving the record :nmer a vorti,on of the + proceeds. 10 i !' The City only has the power, of course, to refund the e City's share of the proceeds. It should keep at least ! - an amount equal to back taxes, *malty, interest, costs 1"r C. of foreclosure and sale. It would be un to the Borouah { Assembly to decide whether or not they want to refund !, `) any portion of tho- Borough's share. Under the new law, passed by this Legislature, the City urill be required to notify former record owners advising them of the amount of excess proceeds and that they have the right to claim these proceeds. The record owners then have six Months from date of sale to claim the proceeds. That law will become effective August 18, 1377. ill/eh } 0 X ■ A F_. ra Anchorage, Alaska 99510 P. O. Box 838 May 31, 1977 Re: Parcel No. 045-060-0300 JAMES E. ODHAM (Billed as Oldham) CERTIFIED MAIL No. 733933 - RETURN Roland D. Lynn RECEIPT REQUESTED. City Manager CITY OF KENAI P. 0. Box 580 Kenai, Alaska 99611 Attention: Janis C. Williams, Attorney Dear Sir: Please refer to the attached copy of my letter (Certified Mail No. 029079) dated April 14, 1977, to the Kenai Peninsula Borough TAX ASSESSOR box 850 Soldotna, Alaska 99669 Referring to Parcel No. 045/060/0300 - Code Area: 30 , JAMES E. ODHAM Year: 19 7 5 Legal pescription, LOT 30 - Sec. 33, T 6 N, R 11 W, SR E M and referring to 1975 billing to James E. Odham, Box 838, Anchorage, Alaska for: Total Current Tax $142.68 + $71.34 z! $212.55. -? I forwarded my check No. 296 dated April 14, 1977 for $212.55 in full payment of his 1975 tax bill and requested that they forward billing for addi- tional penalties, etc. for the tax year 1975 (if any) , plus the taxes for 1976 /other/ and that payment would be forwarded immediately. An answer was received, a short -form memorandum dated April 19, 1977, by Shirley Erickson, Tax Department, Kenai Peninsula Borough, (copy attached), returning my check for $212.55 and stating the referenced property had been sold in a land sale of March 16, 1977 by the City of Kenai. Is it not required that the owner of record, as well as the abutter, be Informed In writing that the property is to be put up for sale - prior to the sale? This owner of record received no such communication, registered letter, or Ronald D. Lynn City Manager, City of Kenai -2 - May 31, 1977 f a whatever is required, so that an appearance might be made before the sale and the property might be repurchased/redeemed. J' Please see Alaska Statute: Sec. 29.53.375: ("Repurchase by record owner") (Copy attached) f; Getting this back tax bill paid was a matter of concern to me at the time and, I am sure, if a letter had been received letting me know that the property was to be sold, =j 1 would certainly -have acted on it. So, I don't know what happened. 1 would like, somehow, to exercise the same right to repurchase as others who were directly Informed, appeared, and redeemed their properties. Your kind attention is appreciated. I Very truly yours (Mrs.) i James E. Odham Box 8 3 8 Anchorage, Alaska 99510 Attachments: 3 - as stated. cc: KENAI PENINSULA BOROUGH: 1) TAX ASSESSOR (Donald E. Thomas) 2) BOROUGH CLERK, (Frances R. Brymer) or other, 3) BOROUGH ATTORNEY (Ben T. Delahay) or other. cc: CITY OF KENAI: 1) CITY CLERK, (Sue C. Peters), or other. James Elson, Mayor City of Kenai Member•Kenai City Council Jj James Wise, Kenai City Manager June 10, 1977 Sirs, An unusually heavy traffic flow on Tinker Lane is t:, be expected this summer due to the opening of the new Oiler baseball park. Since Tinker Lane is in as sad shape as it is, The increased traffic due to park operation wili make dust almost unbearable. Therefore, request Council take immediate action to have this road oiled. Since the Kenai City Council saw fit to authorize operation of this enterprise, in this location, even though the majority of the prop- erty owners in the affected area were againct it, I feel Council bears the responsibility to lessen its impact wherever possible and reason- able. Your timely attention to this matter will be appreciated. Sincerely, B.E. Canson Jr. aac i CITY OF KENAI ORDINANCE NO. 341-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A SPECIAL REVENUE. FUND ENTITLED "CAPITAL IMPROVEMENT FUND" AND DEDICATIKG PROCEEDS OF LAND SALES TO SUCH FUND. WHEREAS, the Council finds that proceeds of land 'sales, other than airport lands, conducted by the City should be used in capital improvements, T %-,� j' - v -v --e 20 per, NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska as follows: Section 1: The Code of the City of Kenai, Alaska is h reby amended by adding a new Section 9 of Article IV, Chapter 20, �rliich shall read in its entirety as follows: Section 9: All proceeds derived from the sale of ' lands under this Article, with the exception of airport lands, shrill be devoted exclusively to capital improvements for the City--/- Section itySection 2: There is hereby created a special revenue fund entitled "Capital Improvement Fund". All proceeds of sales of City owned (non -airport) lands and special assessment foreclosed lands and the City's share of proceeds of sales of tax foreclosed lands shall be dedicated to such fund. Monies in this fund shall be used only for the financing of capital improvements as appropriated for specific items by ordinance of the Council of the City of Kenai. PASSED by -the Council of the City of Kenai, Alaska, this 1st day of June, 1977. JAMES A. ELSON, '.MAYOR ATTEST: Sue C. Peter, City Clerk FIRST READING: SECOND READING: THIRD READING: EFFECTIVE DATE: May 18, 1977 June 1, 1977 7 L I P. o. Box 2599 Kenai, Alaska 99611 June 1, 19rj City of Kenai City Council Kenai, Alaska 99621 Gentlement On May 27, 1977 we, Charles J. and Roberta J. Crabaugh, obtained an Assignment of Lease from Mr. Konstantinos D. N.acheras on Lot IA, Deshka Subdivision, Section 5, R12W, TSN, Seward reridian. We are now in the process of obtaining building plans$ financing, building contractors, etc. However, we find we cannot get all the plans completed and under construction before termination of the original terms in the Lease signed by Mr. Macheras. We therefore apply for an extension of time for development of the property for two years. We assure you that conatrnction of a commercial building will begin just as soon as possible. As soon as we have finalized all building plans, they will be presented to the City Planning Commission and City Council for approval. Sincerely,, i �V, &' 0 � , L`.silEsrsc��— r d � Charles J. Crabaugh f tr . wv orp01111 or BLY. GUESS 6 RUDD 060160111911 ASSIGNMENT OF LEASE. ASSIGNMENT made the day of Met) , 1977, by Konstantinos D. Macheras,.of 4231 Laurel Street, No. 116, Anchorage, Alaska 99504 (hereinafter "Macheras"), to Charles J. Crabaugh and -Roberta J. Crabaugh, of Bost 2599, Kenai, Alaska (hereinafter "the Crabaughs"). In consideration of the sum of $6,770.42 receipt of which is hereby acknowledged, 14acheras hereby assigns to the Crabaughs a lease made by the City of Kenai to Hacheras, dated the 3rd day of November, 1975, and recorded on the 20th day of April, 1976, in the Kenai Recording District, Third Judicial District, State of Alaska, in Book 94 at Page 359, covering premises known as Lot IA, Doshka Subdivision, Section 5, R11W, TSN, Seward Meridian, together with the 'premises therein described, and any buildings thereon, with the appurtenances. To have and to hold the same unto the Crabaughs and their assigns from the -2-7% day of , 1977, for the rest of the term of 55Y ears mention -d in the lease, subject to the rents, covenants, conditions, and provisos' therein. Macheras horeby covenants that the assigned lease is free from encumbrances. The Crabaughs hereby agree to assume the lease for the balance of the term thereof; and to pay the rent and any additional rent; and to pay any past duo assessments, penalties and interest due on the property to the City of Kenai; and to faithfully perform all of the covenants, stipulations, and agreements contained therein. ■n iur :it The Crabaughs further covenant and agree that so long as 14acheras or his brother, Thanos Macheras, owns or operates the restaurant currently known as Pizza Paradises, or any successor Italian restaurant in the present location of said Pizza Paradison, the Crabaughs will not open or allow to be opened any pizza shop or Italian restaurant in their shopping complex.. In witness whereof, the parties have executed this Agreement. no antlnos D. Macheras Charles JjCrabauy Roberta J rabaughJ d n STATE OF ALASKA ) sa: i THIRD JUDICIAL DISTRICT ) ,,q On this 27 ' day of. /''C 1977, before me personally appeared Konstantinoe1D. Machoras, known to be the person who executed the abov Asnignmont of Lease, and acknowlodgod that he had the authority to sign, for iI'the purposes stated therein. ijof ry Public in -and for eka H I Y C onion Expiress !7 k0 !� STATE OF ALASKA ) h ) ss: THIRD JUDICIAL DISTRICT ) i Before me, the undersigned, a Notary Public in I and for the State of Alaska, on this day personally appeared I;Charles J. Crabaugh and Roberta J. Crabaugh, husband and wife, i( both known to be the persons whose names are subscribed ;1 to the foregoing Assignment of Tease, and acknowledged to ;! me that they executed the same as their free and voluntary act and deed, and for the purposes and considerations therein II expressed. =�GIVES (NDER MY (lAND AND SEAT, OF OFFICE, this s oZ%qday of Al 1977. iof ry Pion cwir" or las4a It omm Expires: 17 0 I ` -i I'llml I I ism 1111 IIIII IRI iii [ f� [. f1 �r �! If 'i I� 1 a E� �i t • f _II jrt[: I 'i i E ; I' 1 [ f 1 I'llml I I ism 1111 IIIII IRI iii Lease Application CITY 01' K13N.41 pg 1 of 2 P. 0. COX UO - C-1041, IfWM - 140WE 233.7,1.S 21 Name of Mllicant Address Ogg 10 &2AW; Ad 5a ?f J/ Business Name and -Address C4 PA&Z'd 1,02bezell Kenai Peninsula Borough SalcF, Tax No. 'VIC._;4"4Z State Business License No. 77-,r4T779 OVA - Phone 21a- ZYA4 Y-0 22f.--5{It (check one) '--Lease Permit Lot Description or t OgSya "M11 ,U;A &CrIjA Desired length of Lease or Permit e* Property to be Used for ef&j';�JEAldg a_gP_"q1 Sr.00-F Description of, developments (type, construction, size, etc.) Sr"M Z,4 Tid-dig 4rea, einem egor'dw Ado EADO'e. Attach development plan to scale I inch = 50 feet, showing all build- ings planned. Time Schedule C-jiPtrerr -rb- P I C T r q)l 440 t//1 Estimate value of construction: Date 77 I 31 Description of Property FOR YOUR INFORMATION r Annual rental rate or cost�cQ. - b Zoned for C. i-1 ,1nirm on Iry fV �l Permits required ,t,ra Qf+Q� /n n Assessments Insurance Required / n 0 0 0 As no. oev /,5O. Q o G Construction must be started by Completion date for major eonstrudtioonn THI$ APPLICATION WILL BE A PART OF THE LEASE Approvals: Planning Commission City Council Receipt Acknowledged by applicant By -� - - - -�- T - -sem r - - - - % - �- Imo-- -�ar -- ".'7�- f i Paae 3 of 4 Lease No. ' w.W..Iw..�.M��.rww.✓.....r�..w.►•M^.M..�.Y..'..�Yw......w. � ...»M.'Av�....�- BUILDING INFORMATION � i Name:eAI4QIES J. p.I BT�9 :'; 41.4 f�FJUF�, ' .moi?db' r� , % Q' E � r �fJi�A�J.: .(D7 !.e•I� l l��..�ir�� 1%.. i✓ �!v �'sif. y' k) I Til Amit DFSF%air) 4-�7 18,i . r t I i ` ! Construction materials:C,Mw aTIMy Fia7 iyiGs xbF4eep SPRAAJ STALL If !� Scale: 1" So —N-- i k 1 � t I ' t l S"n*sw*�I�ii u■i� Lnitui ini INs�eR_,!urs:( f � . Page 4 of 4 lease No. °I LAYOUT PLAN Lot / I¢ Block. a u E Subdivision Name_jCj.Affl L F_ S eparm,4 3*,_ j2g4" m iSI • t E ' � f ' n lU d d i ;led , p//07.1 P4 m r -f Foe oa? ;iir DfyaicS. Scale 1" I � f i; � r �i 1 P i i - II III 91 j CITY OF HENAI 1 RESOLUTION NO. 77-76 {I A RESOLUTION OF THE COUNCIL OF T11E CITY OF ltl?N'A1, ALASKA IIFTAlNltir, ' A CONSULTING ENGINEERING FIRM FOR F\TGINEF•RiNG nFS1r\T wORK 0'1 ATARIOUS j PROPOSED STREET, AIRPORT AND WATER AND SFIVER 1n1PR0VF11FNT PRnJF-.rTfi . J WHEREAS, the City has requested estimates for engineerinfr design work on vnrious street, airport and water and sewer projects from four consulting engineering firms, and WHEREAS, the City has received estimates from all four of the firms, and WHEREAS, the best proposal received by the City in terms of specific estimates on each project and hourly rates, review of previous experience, references and qualifications, and on the capability of proceeding immediately, was from NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska that , is hereby retained as a consulting engineering firm for those specific projects as authorized and funded by the City Council, in accordance with the attached rate schedule, incorporated herein by reference. BE IT FURTHER RESOLVED that each individual project shall be initiated only after the issuance of a notice to proceed by the City P.Ranager on an approved project. The initial projects to be specifically authorized are: (1) Engineering design of local roads and trails project. (2) A water line servicing Willow Street from the Post Office to PRain Street. (3) A water line servicing the General Aviation Apron. (4) A sewer line extension to provide sewer services to Grace Brethren Church on Tinker Lane. On establishment of satisfactory progress, additional engineering design work may be authorized on other approved projects. PASSED by the Council of the City of Kenai, Alaska this 15th day of June, 1977. JAMES A. ELSON , MAYOR ATTEST: Sue C. Peter, City Clerk � t PERMIT FOR USE OF HOCK FACILITY I AND AGREEMENT TO LEASE DOCK FACILITY I y°1 , AND ADJOIWING LANDS ; 1 I� i I THIS AGREEMENT, entered into this 16th day of June, 1977, by and between the CITY OF KENAI, a home -rule municipal corporation of the State of Alaska, hereinafter called "City" and SALAMATOF SEAFOODS, INC., an Alaska corporation, hereinafter �. called "Permittee". ; That the City, in consideration of payment of the fees and performance of all the conditions and requirements herein i contained by the Permittee, does hereby grant to the Permittee the right to use the following described property and the r appurtenant dock facility for use as a dock: All of Lot 2, U. S. Survey No. 4563 with the exception = of the truck fill stand owned by the Kenai Native Association and any easements for rights-of-way reserved, together with all improvements located thereon. In addition, Permittee is granted a right to ingress and egress to and fron the above-described property across other lands owned by City, more particularly Lot 10, Section 4, Township 5 .Porth, Range 11 West, Seward Meridian. 1. Term. This permit shall commenco on the 16th day of June, 1997; and shall extend to and through the 15th day of September 1977. However, such termination date shall in no way affect the agreement to lease hereinafter provided for in • paragraphs 5 and 6. ' 2. Permit Pees. The Pormittee, prior to the exercise r of the privileges granted pursuant to this permit, shall pay a total fee of $4,500.00 in full payment for the use of tho privilege specified herein. 3. Use. The use by the Permittee of the premises described a6o`ve is limited to the purposesspecified herein and is not intended to grant any exclusive use to the described premises unless otherwise provided above. This use is also ` subject to the reasonable administrative actions of the City • + of onai for the protection and maintenance of the premises and of adjacent and contiguous lands or facilities. 4. Insurance. Permittee agrees to save the City harmless from all actions, suits, liabilities or damages resulting from or arising out of any acts of commission or " ommission by the Permittee, his agents, employees customers, ij invitees, or arising from or out of the Pormittee1s occupation, or use of the promises demisedior privileges granted, and to - + pay all costs connected therewth. In this connection, the j Permittee agrees to arrange and pay for all the following: (a) Public liability insurance protecting both the City I� and/or its agents and the Permittee, such insurance to be + evidenced by a certificate of insurance showing the insurance in force. The amount of such public liability insurance shall i have limits not less than those known as $100,000/$300,000/ $50,000. (b) Permitteo agrees to carry employer's liability + insurance and Workmen's Compensation insurance, and to furnish a certificate thereof to the City. I f i� II ' t . N 0 -� _ �- _ �--•-•�-I[+D,Il�.SIP�1''-I, 11 :I Il 141 ._ _L_- _ _ _ ._ I (c) Insurance contracts providing liability insurance and Workmen's Compensation shall provide for not less than thirty (30) days written notice to the City of cancellation or expiration or substantial change in policy conditions and coverage. (d) Permittee agrees that waiver of subrogation against the City shall be requested by Permittee insuror, and shall be provided at no cost to the City. 5. On or before September 15, 1977, City and Permittee shall enter into a written lease agreement for the subject dock facility and the adjoining lands under substantially those terms and conditions contained in the proposed form of lease attached hereto. Entry into such lease is expressly conditioned upon approval of the Bureau of Land Management, U. S. Department of the Interior. (BLM) This agreement shall be void and of no force and effect after September 15, 1977, if BLM disapproves the proposed lease. City shall use its best efforts to obtain BLM approval by September 15, 1977. however, if there has been no action from BLM prior to that date, paragraphs S and 6 of this Agreement shall remain in effect until definitive action Is taken by BLM. 6. Pormittee understands that prior to execution of the lease contemplated by Paragraph 5, City may grant an easement over the subject property to Menai Native Association for access to their property which is wholly surrounded by the property to be leased to Permittee. Permittee also understands that ppermanont access to the lands leased is uncertain at the date horoof and that questions of apportionment of cost of upgrading roadways and maintenance of roadways are unresolved. If negotiations on access questions are still in progress at September 1S, 1977, Paraggraphs 5 and 6 of this Agreement shall remain in offset until No conclusion of such negotiations. 7. Foroboarance. Failure to insist upon a strict compliance witn the terms, conditions and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions or requirements. 8. Alterations. It is understood and agreed by the parties that Permittee may make certain unspecified changes or alterations to the dock facility. City shall be notified in writing of anyproposed alterations to the facility and the cost of such alterations. City shall give its approval or disapproval in writing as to each such alteration and its opinion as to whether such alteration constitutes a general Improvement to the facility which would 'nerease its rental value or whether such alteration is useful primarily for the particular enterprise being conducted by Pormittee. Permittee shall not alter the facility until City's approval is given. 9. Lease . In the event t1e lease by Pasagreph,8i s not entered into through no fault of City's, City �I which shall hhave beenburse determinedPermittee 7SI of ealterations ta by City underParagraph8toconstitute general improvements to the facility which increase its rental , value. I' 10. It is understood and agreed by the parties that the facility is granted as is and that City makes no representations that the facility is suTtablo or useful for the purposes contemplated herein or that it is zoned for such purposes. ,J I{ II Page Two, Agreement �i �I f T - - r F , 1 CITY 01: KENAI, ALASKA By: John E. Vise, City Manager STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) On this day of , 1977, before me personally appearedJohn E. {rise, known to be the person who executed the above Lease, and acknowledged that he had the authority to sign, for the purpose stated therein. AOIARr PUOLIL FOR ALASKA My Commission Expires SALAMATOF SEAFOODS, INC. By: STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) Before me, the undersigned, a Notary Public in and for the State of Alaska, on this day personally appeared and , known to me to be the persons and officers whose names are subscribed to the foregoing Lease, who being duly sworn, did say that they are the President and , respectively, of , a corporation, and acknow- leagged to me that they executed said Lease as their free act and dood in their said capacities, and the free act and deed of said corporation, for the purposes stated therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1977. ,I � AUTAKI kUAWL $UK ALAJNA My Commission Expires Ii Page Three, Agreement _it - Is Kenai Native Association, Inc. P.O. BOX 1210 WILDWOOD KBNAI. ALASKA 99611 I ' I I i' June 13, 1977 i i Mr. John Wise, City Manager City of Kenai Box 580 , Kenai, Alaska 99611 Dear Mr, Wise: E I spoke with Janis Williams, the City Attorney, regarding ;,_our concern that the City Dock and surrounding .land. -not --v be leased without granting the Kenai Natives Association �1 an easement to its property containing the tank farm. We would like to have a sixty (60) foot easement to KNA property in order to build a heavy duty road, which KNA would maintain. The best locations for the easement would - probably be from the Beaver Loop Road along the property line between parcel number 41 and 31, to the northeast I corner of parcel 12, (see attached map) If I can provide -you with information, please let me know. Sincerely, GEORGE/MILLER, JR. President Attachment " cc: Janis Williams I I ' L ( it I 1 i i 1 ' J j 1 � f r tIV r — -, 46 54 AM 19 4' 37.4SAC 319.99AC 20 '!!•. +"r•• • • • ' /{• !fir• ••r•, •, n • y ..y •i •t • • . , 7•' .' ' . ' • e -A 47 • r�:•..S �+ • ,r •' '�. 1. 404 '• AGIw'. Jj- 40) 9\ ... ,n' :��•" .� .� �:• '�:/� if_ •'moi . '• •• t•��t 'r.'. .!.:+It;.'v':•rii i r �✓ :. ✓LTi .f ✓1.�. ';y' ' •,.•. ••7� � i•�. .40 ..3 +rte' t � ::, • y. 1 .. .. •. *4 •.:• ,`^••• � •, '. 'ti • ' , .'.r s.� a% . '... • . Aj Iif w �'•� / , . �'t • �t�,• ;r '•' �' ,• i ';; `• O t t.• t: ... 1 a, i ';'}�•y✓.:'j'•••, �, t•. •; `.O f •• t y! :4 , •.`�• .s. t' %I At.ACS i ••r•••'Sti, '•t iti... ., 7��• t,.. � 'es•�ri»' .•0 ,••• ,t•'!i ' ,t •�;pi .i7:.'�• ,: ,•.i .I • ..••. i �• .k •t . . �, , • : �♦ i;,<• , .•; `E� : , • ` •.:pry •' ' �,St5 678 ��+� : ti .• 't�I' ••�''! �yi �.%t,Ui,l7 ,t•.•!'.r '.ti,' � •r' •'�x• r ,, p �, .:. ,/; V .� , � . , it t' >'r.: 1y •• ��JJ , '.. ,. ' i. wt/��.'�• •• *• �.�:'i•i,f�•' ,'�i:7:�i� : d: .�j ��-�jr. .��s• 17.2G�It .�n11�'t.b '. Y: •y,�. i•.• t'. •.�J.. .. F•r•';'Y, ! f• ';1•.?'�f•� f •.•.l:.tr, '•� seq.. f•�•!' 1':.� �f• '. • •'t.. @-0:• r.• ..•!'..�.• .M1 ur -_. __t(,:7.• ,t'• ;f . • '•' i;: ''t•' a •ty !t , �.• :rr ,' •': �'' •( •''r •.'•'• I � . •. •. •:• • ,';• `: j I ly''II ;' • ',' _ ' ' j ..•' • 'kl:. 'I.•t il;'•��a••+•' �..,� ,,. r' ti:• , �.:•,." • %'N'' .• •,% •i1'/. st •'%'''•:•;i fits ••1•• ••i•; :r,•.r '!,:.? ',''� •:R •tr'tl tjlj :}'•aar�, • ••; �. r;r♦�w - • j' t•' �• . • ••''. .Ii}...i•�•;r a ;�•...,s�rq; C• ; : 'r• .. �1't' �• %i 'r• •�•r:+:i • .a ••••\: i '•J •t •��... !r• i;�' gxk a 0.0 tit i .• +• ••••' •i• ,. f. ••.r.� ••• .• r •! ♦f :�1w1 „ '. .• � �: 4� . . �, +li, •'/� •''R ., a, a' �-• fr '• .: ,•. • tI•� ,a, •, 1•. •. • 1 �• • ••:•. i • ,•1. { �'+• 1•' •i' :.l. •;• ,• .. •t r '! • 1i •.. 1•.t, i • • ,r, . '• Vii'••• �•.w9 .!. •I. *• •� ••, ' f . .•\ l.,. trt,• St.•1� .4•'t,• • i• •1i •11: 't :'�'•r �•; � • • i •t• • Ir .b•t !r ♦' 41 i•�!.' ?1 �•.11 +•� • � ♦, �.•1.• •.1• t �r .y' '� ••. ,, ••: •.•�'••• � • . -. ' '�. Mf, •R 1 •1: � r►...�.:.! �i • i�w�.i �' iw%%t•...N 1! �' 2(•: •. • , • , ••{.•' il, . .•j.i • , f ••• .•,�,�1 � � r • •. w �1 I 1 I PROPOSVD FORM I OF LFASF. OF DOCK FACILITY b AnJf11NINfi LANDS THIS AGRF.BMFNT. entered Into this 1st day of July. 1977 by and between the CITY OF KFNAI , a home -rale municipal coron.•,rtinn of Alaska, hereinafter called "City" and KALAMATOF RFAFnnnc, ter, an Alaska corporation, hereinafter called "Leasee". That the City, in eonsiderntion of the nnvments of th.• rents and the performance of all tormg, conditions, and roven•Ints herein contained by the Lessee, does hereby demiae rind lease m the Lessee thnt property in the Kenni Recording Martel. Qtate nf AI.I011. which is more fully described in the attrtched "Schedule A". 1. Term This lease shall commence 1977 and terminate June $0, 2032. 2. lease Rnte The annual rentol rate shalt be $12,000, eonsistinct of $1,500 per month for the months of April, 1101ny, June, July, Auvust, and September and $500 per month for the months of netober. r, November. December, January. February and March. �r I: 3. Payment 1 Rent shall be payable to City twice yearly, in advance, $6,000 on January 1st and $0,000 on July let of each year. , Rental for any period less than a year shalt be prorated in accor- dance with the amount attributable to each month as set forth under I Paragraph 2. L V Ii I '-r IIIIIIIIIIII Ilei 11II-1. li II I I, 1 'I 1 11 t 4. Right of Pntry Right of entry and Oecupnney under this lensP Is authorized as of 1977. S. Lnte Payment P Lessee shall pny interest At the rate of eight : percent (80 per annum and ten percent (10%) penalties on any amount of money owed under this Lease which is not pnid on or before the day it becomes due. S. Properly Taxes Lessee understands that upon expeution of this lease the lands herein demised become taxable to the extent of its leasehold interest and l.essco shall pay nil real property tnxea levied upon such leasehold Interest in these lands. 7. Sales 'taxes Lessee agrees to pay all sales taxes due on payments under this lease and to collect nil sales taxes Applicable to its operations. B. Special Assessments Lessee agrees to pay all special assessments for public Improvements levied by the City of Kenai, as if Lessee were 1 , considered legal owner of record of lensed property. 9. Uses -- 'i i• 1 Il As of the date hereof. Lessee may conduct the II 1 following activities on the demised promises: a. nook facility for use by Lessee and public. b. Fish processing j c. Marine fueling facility for use by Lessee Ant public I�d. foo facility for use by Lessee and public I; r 'i le. Purposes In Peneral, Lessee may use the demised premises for any of the following: Public docking fnellities, maritime eommorre. transportation, warehousing distribution of commerce, fishing, and port and waterfront development purposes Before Lessee may conduct any activities which fall under this general criteria, but are not specifically mentioned in Paragraph B, Lessee must obtain written consent of the City. H. Restriction Lessee understands that City obtained title to the demised promises under the provisions of the Recreation and Public Purposes Act and in accordance with U. S. Patent No. 50-05-0104. Failure on the part of the Lessee to observe the restrictions created thereby shall result in immediate termination of this lease. 12. Reversion Lessee understands that the interest of the City in the demised premises is subject to a reversionary clause in the event of noncompliance with the terms of the Patent 50-05-0104. Lessee shall conduct its operation as outlined in this lease at his own risk with the understanding that it may revert to the United States Government. in the event of reversion, Lessee shall not hold ' City liable for any damages sustained by Lessee because of such it reversion. �i 18. Schedule of Improvements Lessee shall construct the following improve- ments by the dates opposite those improvements. Failure to con- j struct such improvements shall be cause for termination of this lease. it I , I I W i 4 { August, 1977 - Construct new piling and facing, on dock. Install floating bumper dock, install facility for winter storage of commercial fishing boats August 1976 - Construction of 40' x 60' building (plans to be approved by City) 14. Approval by City Before any improvements are constructed, plans and specifications shall be reviewed and approved by the City. • 15. Dock Improvements i i Any improvements permanently attached to the, deal - shall become the property of the City upon termination of this lease. All other improvements shall be dealt with in the manner prescribe(, In Paragraph 34. 16. Bock Facility a Lessee may not deny access to the dock facility to the public except when use by the public would materially impair Lessee's operations. Lessee shall conduct its operations in an 5 efficient mannor and shall not unduly or unreasonably monopolize the dock facility. 17. Other Public Facilities Leasoe may not deny access to any of its facilities which may be used by the public without material impairment to Lessee's operations. i. 18. Use Charpes I� t Lessee may make reasonable and non-discriminatory charges to the public for use of its facilities. Before any such ' charges are made, approval of rates must be obtained from the Council of the City of Kenai. 19. Annual Report Lessee shall submit to City each year on or about March let, an annual report on its operations, particularly those i services and facilities offered to the public, whether on a fee or II � non -fee bests. I� I� II t 11 � � `.•._.. L__I1_._I_!I!J !!!1!�JILII!,w�w+ ....�w,�a�,r�_" _"—�_'3a��' - – `��-s��- v.-r.. �—�.s_.c:zr_. _,-.--�—'E1–�',�F'1f,... __.– _.11m The for wim lelt fliho 1 ease is Issued lei i ,l 1. Uses: Except as provided herein, any regular use of 1 or facilit�'n onsent of the ('ity is prohibited. a prohibitiof areas designated b . ty for specified public uerminals, aur a parking areas and streets. 2. Uses Notr N mnlnted P+ Hinjted: Solicitation of donations or the promotion err fl ion of any pnrt or kind n ass or commercial entorpriser than han as specifically act forth herein. upon-.r above • lands, without the written consent of the City is prohibited. 20. Impounding of Prnnertv: Any or all personal or real property placed or used upon lnnds or in facilities in violation of prohibitions May be removed and/or impounded by the City, and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storago charges of 51.00 per day, or $5.00 per day in the case of each buildine or each aircraft in excess of 6,000 pounds gross weight, or in the case of any other kind of property, an amount not to exceed MOO per day, or in accordance with such higher fees as may be incorporated into regulations of City's Airport. 21. Commitment for Rent and Non-Assirnment: Lessee agrees to pay the annual rental and fees specified and not to assign this Lease or any part, nor let, nor sublet, either by grent or impliention, the whole or any part of the promises without written consent of the City, which consent shall be obtained pursuant to the following procedure: (a) Submittal to, and approval of, proposed Iesso transfer by the Kenai Planning Commission. (b) After approval by the Ifenni Planninfr Commission, final approval of transfer by the City Council. 4 i Any assignment in violation of this provision shall be void, and shell be grounds for cancellation of this. Lease by the city. I 22. Treatment of TfemiRo: The Lessee agrees to keep the premises clean and in good order at its own expense, suffering no shin or waste thereof, nor removing any material therefrom, without written t, permission of the City. At the expiration of the term fixed, or any sooner _ determination of the Lease, the Lessee wpl peaceably and quietly quit and 1' surrender the premises to the City. i! 23,• Payment of Rent: Checks, bank drafts or postal money orders l+ shall be made payable to the City of Kenai, and delivered to the City (i Administration Building, Kenai, Alaska. 24r, Construction Approval and Standards: Building construction shall be neat and presentable and compatible with its use and surroundings. - Prior to placing of fill material and/or construction of buildings on a lensed area, the Lessee shall submit a plan of proposed development of property to the City Planning Commission which shall be approved in writing for all permanent improvements. Initials: - v Lessee: Lossor: �i ntovislon 4/29/70 �i i 1 r 5 T' l N t: 25, Lenno itenewni Request Procedure: Lessee shall within thirty (30) days before the expiration, mike opplieatinn in writhq! for a renewal, certifying under oath as to the, character and value of all improvements existing on the land, facilities, properties, or interest therein. the purpose for which ouch renewal is desired, rind such other information as the city may require. The Lessee shall deposit with such application, the sum equivalent to one hundred percent (100'.) of the prevailing annual rental or t 1 fees still in effect. Such application, when fully conforming to the requirements herein stated. will extend the I.ense on n month-to-month basis until such time as the City gives notice to Lessee that: (a) The request for renewal has been granted. (b) The request for renewal has boon rejected, stating• the reasons for such rejection. (c) The City has determined it to be in the best public interest, or is required by Law or regulation, to offer the Lease at a public auction. (d) That equitable considerations require a revision of the Lease prior to granting a renewal. 26, Right of Tntrv: Should default be mnde in the payment of any portion of the rent or fees when due, or in any of the covenants or conditions contained in the Lease, the City may re-enter and take possession of the premises, remove all persons therefrom, and upon written notice, terminate the Lease. 10. Rent Escalation: In the event this Lease is for a term i excess o e (S) years, the amount of rents or fees specified herein 11, at the option of a cr party. be subject to renegotiation fo^ increas docrease at intervals of five ` years from the lst day of .July oreeed - Jho 1T effective date of this Le The amount of such rents o ees as reneeotinterl shall reflect the then gravel fete arket value a leasehold . *'n Increase or decrease in the om�notiei' nts or es shall be effective. except upon ninety (90) days written In the event Jho os are u'aatgo to agree upon the amount of such increase or decreaech amount shall be Mermined by three (3) disinterested persoisesec, thereof to be appointed by ihQClty Council; one to be appointed byits successors or assigns; andlhe third to be chosen by Jho o (2) persons appointed as aforesaid. Tho written determin n of such throe (3) persons shall be final and conclusivfi Neit party shall commence legal action without complying with this \ vision. i. 27. Building Placement Restrictions: No building or other permanent structure shall bo placed within ten (10) feet of the boundary line of any lot hold by a Lessee; provided, however, that where two (2) or more I lots hold by the Losses are continguous, the restriction in this condition may be waived by written authorization of the City. ��. Protection of Aircraft: No building or other veraiaaent- struaturc shall be ploee f4fty ) ct_of-ti,o property line fronting n i. landing strip. taxiwav — apron without the written apt„vv d-oUha City. This eras -abrin us used for parking aircraft only. 28, Notices: All written notices required by thio Tense or onrmit shall be sent by registered or certified mail or delivered personally to the Initials. iRaaee: Mesar: Revision 4/20/70 I- it last address of record in the Tilos of the lily. tt 14. Offer to Lease Accepinnee: sp The offer to lease is ade-sttbP-aT" to applicable Incas 011(1 VUt.tA41tiun:LQf City �� ►y -L.. wnnclrnwn withuout notice At any limn offer iLiriy-E!frt7— iys roN stthmiw4on_tberrof, unless within i; 6t1a lb -410.- lou) days the Lessee executes and returns the Loose to tno e"y-. ij 29. Underlyini! Title: The interests irnnsferred, or conveytd by this Lease are subject to any and all of the covenants, terms or conditions contained in the instruments conveying title or other interests to the City. ' 30. Right of Inspeetinn: City shall have the right. at all ! reasonable times, to enter the premises, or any part thereof, for the purposes of inspection. 31. Insurance: Lessee covenants 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 the Lessee. his agents, employees., customers, invitees. or arising from or out of the Lessee's oceupotion, or use of the premises demised, or privileges granted, and to pay all costs connected th^rewith. In this connection, the lessee agrees to arrange and nay for all the following: (a) Public liability insurance protecting both the r'ity and/or Its agents and the Lessee, such insurance to he evidenced by a certMente showing the insurance in force. The amount of such public liability insurance shall have limits not less than those known as (b) Lessee agrees to carry employer's liability insurance and Workmen's Compensation insurance, and to furnish a certificate thereof to the City. (c) insurance contracts providing liability insurance and Workmen's Compensation shall provide for not less than thirty (30) days written notion to the City of cancellation or expiration or substantial change in policy conditions and coverage. (d) Lessee agrees that waiver of subrogation against the City shall be requested of Lessee's insurer, and shall be provided at no cost to the City. (e) Cross Liability: It is understood and agreed that the insurance afforded by this policy or policies for more titan one named insured. shell not operate to increase the limits of the company's liability, but otherwise shall not operate to limit or void the coverar!e of any one named insured as respects claims against the same named insured or employees of such other named insured. 10. Accounting Oblirntion: Lesseo agrees to furnish the ri. �± annual sworn statetltt,., .fylras� business receipts and u -citta sworn statement of the number of gallons of Lual.. .�r any certificate or statement to sullztapM..0 trio computation of rents or fees, incluatng repoxts_ %Ag!a& governmental agencies. 32. Collection of Unpaid monies: Any or all rents, charges, fees or other consideration which are duo and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessee and Lessee's property, real or personal, and the City shall have such lion rights as are allowed by Law, and enforcement by distraint Initials: Lessee: Lessor: Revision 4/29/79 0 r .6 am +r4+ er �i��nriw.n .lriouu ..i ii muu 1 ii �i r � I 1t may be made by the City or its authorized agent. 33. Easement Ora ir, Oleserved: City reserves, the right to grant and control casements in, or above the hind leased. No such grant or „ casement will be made that will unreasonably interfere with the Lessee's use • of the land. i� 21. Lease Subordinate to rinancint! Requirements: Lessee s that City may moatfq-li cosc to meet revisedroquires�cuts fm-� a nra�Ti 1 or State grants. or to conform to the treu:ei+any evenue bond covenant. However. the modification sha7inot act to reduce the ri.;las at nrivilereq panted -tit essee by this Lease, nor act to cause the Lessee financing ,u,,. . 34. Right to Remove improvements: Improvements owned by n Lessee % icl, owtz�shail, within sixty (60) (Inys after the expiration. termination or cancellation of the lease. be removed, provided that. In the opinion of the City. such removal will not cause injury or damage to the lands; and further, provided that the City mny extend the time for removing such improvements in cases where hardship is proven to its satisfaction; provided further, that application for extension has been marto In writing and received within said sixty (00) day period. The retiring Lessee may, with the consent of the City, sell his improvements to a succeeding tenant. 35. improvements Left on Lrnsehoid: If any improverrentn rn MY, chattels having an appraised value in excess of $10.000 as determined by the City, are not removed within the time allowed by . Paragraph 34 of this Lease, such improvements and/or chattels may, upon due notice to the Lessee, be told at public auction under the direction of the City. The proceeds of the sale shall enure to the lessee who owns such improvements and/or chattels, after deducting and paying to the City a)1 rents or fees due and owing. and expenses incurred in making such sale. if there are no other �~ bidders at such auction, the City is authorized to bid on such Improvements and/or ohattels an amount equal to the Amount (need, or to become duo to the City by the Lessee, or $1.00, whichever amount is greater, The r:ity shall acquire all rights to such property, both legal and eugitable, at such a stile. fib. Title of improvements on Leasehold to Citv: It any improvements and/or chattels having an appraised value of 010,000 or less, as determined by the City, are not removed within the time Allowed by Paragraph 34 of this lease, such improvements and/or chattels shall entire to, and absolute title shall vast in, the City. 37, Right to Adopt Rules Reserved: (a) City reserves the right to adopt, amend and enforce reasonable rules and regulations governing the demised promises and the public areas and facilities used in connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by City shall become applicable to Lessee unless it has been given ten (10) days notice of adoption or amendment thereof. be oettolstenj with safety and with the ro — . , , I ,�,.„,..,. Je"f . Lessee agrees to observe. obey and abide by all rules and regulations heretofore or hereafter adopted or amended by City. (b) Lessee shall observe, obey and comply with any and all applicable rules, regulations, laws, ordinances, or orders of any governmental authority, federal or state. lawfully exercising authority oyer the Lessee or Leesco's conduct of Its business. Initials: Lcssea: , feasor: Revision 4/29/70 I , t I 0 --v r- (c) City shall not be liable to Lessee fir any diminution or li deprivation of possossion, or of its rG.hts hereunder, on account of the r exercise of any such right or authority ns in this 'Section provided, nor shall Lessee be entitlod to termini- the whole or any portion of the leasehold estate herein created, by reason of the exercise of such rights or authority, unless the exercise thereof shall he interfere with Lessee's use and occupancy of the leasehold estate us to constitute is termination in whole or in part of 1 la this Lease by operation of low in accordance with the Laws of the State of Alaska. I 26. Aircraft Operations Protected: iI a t (a) There is hereby reserved to the City, its successors anc assigns, the use and benefit of the public, a right of flight for the pa aae of aircraft in a airspace above the surface of the premises herein co eyed, :i together with th right to cause in said airspace %itch noise as may a inherent In the operation o rcraft, now or hereafter used for nnvigatio of or flight in the air, using sal irspace of landing at, taking off from r operating i on the Kenai Airport. (b) The Jesse by accepting this co eyance erorrssly nproes j for itself, its representatives, a cessors, and Was. that it will not erect nor permit the erection of any stru :re or ob M. nor »ermit the growth of any trees on the land conveyed hereto ur :hic•h would be an airport I obstruction within the standards establ d under the, Federal Aviation Administration Regulations, Part 77 s am fled. In the event the afores kid covenant is breached, the City re rues the r it to enter on the land iconveyed hereunder and to re ave lice offending ructure or object. and to out the offending tree. all o vhich skull be at the a ense of the Lessee or Its heirs,or successors, r assigns. (c) 'he Leasee by accepting this conveyanct expressly agrees for itself, its r • resentatives, successors, and assigns, thisrill not make use of the a property in tiny manner which might interior, wit the landing and taki off of aircraft from said Kenai Airport, or otherwise ,ren g an airpor Lazard. In the event the aforesaid covenant is broached, the re es the right to enter on the land conveyed hereunder and cause the atemont of such interference at the expense of the Losa,e. ti ' it to itnioyment and Peaceable. Possession: Ci agrees and covenants that e , an er ormintr other covenants, term: a o this c.f:,,.,.., have the richt to quiaiig yeacclully hold, use, occupy and enjoy the said lea reaaig ss 38; Lessee to Pay Taxes: Lessee shall pay all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the state, borough, city or any other tax -levying body, upon any taxable possessory right which Lessee may have in or to the promises or facilities hereby leased, or the improvements thereon, by reason of Its use or occupancy, provided however, that nothing herein contained shall prevent Lessee from contesting the legality, validity, or application of any such tax or assessment. 39. Snecial Services: Lessee agrees to pay Lessor a reasonable charge for any special services or facilities required by Lessee in writing, which services or facilities are not provided for heroin. 40•. Nn Partnership or ,Joint Venture Created: it is expressly understood that the City shall not he construed or held to be a partner or joint venturer of Lessee, in the conduct of business on the demised premises: Initials: Lessee: Lessor: Revision 4/29/10-- I F_ If , -I t� and it is expressly understood and olerced lh+►t the relationship between the parties hereto is, and shall tit till times remnin, that of landlord and tenant. 41. Drfnult Bnnkruutev, etc.: If the Lessee shall make any assignment for the benefit of creditors, or shall ha ndjudl;ecl n bankrupt. or if a receiver is appointed for the lessee or Lessee's assets, or tiny interest under this Lease, and•il the appointment of the receiver is not vacated l' within five (5) days, or if a voluntary petition is tiled under Section 18(n) of the Bankruptcy Act by the Lessee. then and in any event, the City may, '. upon giving the Lessee ten (10) days' notice. terminate this Lease. 42. Forebenrance !lot ivniver of Citv's MOW The acceptance of charges and tees by the City for any period or periods after defnult of the terms, covenants and conditions herein to be performed by the lessee shall not be deemed a waiver of any rights on the part of the City to terminate this agreement for failure by the Lessee to perform, keep or ohs(-rve any of the terms or covenants or conditions hereof. 4'4. Ronsonnb]( Operations: This Lease is subject to cane(Iintion if the Lessee does not maintain such operntions as the City in its sole rtiscretion shall determine to be reasonable, or if the Lessee faails to mnintnin a staff or facilities sufficient to reasonably execute the purpose for which this Lease is granted. 44. Fair Operations: This Lease is subject to cancellation if the Lessee fails to furnish such service on a fair, equal and not unjustly discriminatory basis to all users thereof, or fails to charge frair, rensoncble and not unjustly discriminatory prices for each unit or service; provided, that the Lessee may be allowed to make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. r� 45. Controls to Prevent tliserimination: City reserves the rivht to approve all charges and privilegen extended to or withhold from the public, in order to insure reasonable charges and prevent possible discrimination or segregation on the basis of race, color, creed or national origin, or for any other related reason. 46. Nondiscrimination: The Lessee, for himself, his heirs, personal representatives, succossors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease, for a purpose involving the provision of similar services or benefits, the Leasee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursunnt to Title 49, Gode of Fedetan Efies-OF-O" f,✓,.FP,,.y.. ,rr.. Et Title Vi of the Civil Rights Act of 1904, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, the City shall have the right to terminate the Lease and to re-enter and repossess said land and facilities thereon, and hold the same as if said Lease had never been made or issued. 47.. Nondiscrimination: The Lessee. for himself, his personal representative, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running Initials: Lessee: Lessor: Revision 4/29/76 It- f T- - — with the land that (l) no person un the grounds of race, color. or national origin shall be excluded from participation in, detnied the benefits of, or be otherwise subjected to discrimination in the use of said facilities: (2) that in the eoustruction of any Improvements ons. over. or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination: (3) that the Lessee shall V use the promises in compliance with ail other requirements imposed by or pursuant to f "ald 91 Kondiscriminall n i ' ransporation -- f4feeluallen-af Title VI of the Civil Nights Act of 1964, and as said Regulations may be amended. That in the event of breach of Any of the, above nondiscrimination covenants, the City shall have the right to terminate the Lease and to re-enter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been mode or issued. 48• Partial invalidity: if any term, provision, conditinn or part of this Lease is declared by a Court of comnetont jurisdiction to be invalid or unconstitutional. the remninina terms, provisions, conditions or parts shall continue in full force and effect as though such declaration was not made. 49. Pnrol Modifications: It In mutually understood and agreed that this agreement, as written. covets all tiro agreements and stipulations between the parties, and no representations, oral or written, have been „ made modifying. adding to. or changing the terms hereof. 50. Warrantv: The City does not warrant that the property which is the subject of titin Lease is suited for the use Authorized herein, and no guaranty is given or implied that it shall be profitable or suitable to employ the property to such use. 51. Additional Covenants: Lessee agrees to such additional terms and covenants as are set forth in Schedule ll, attached. iN WiTNESS WHGREOP, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgements below. CiTY t1P KPNAI 8y CITY RIANAGPR STATE OF ALASKA ) es. !� THIRD JUDICIAL DISTRICT ) On this day of , 19 , before me personally appeared , known to be the person who executed the above Lease, and the acknowledged that he (she) had the authority to sign. for the purpose stated therein. a NOTARY PUBLIC FOR ALASKA My Commission tixpires: Revision 4/29/76 'r 91 ""1011111111111 1111.0 ii LIrFSItE STATE OF ALASKA THIRD JUDICIAL DISTRICT On this _day of .19 before me personally appeared known to be the person who executed the above Lease and acknowledged that he (she) had the authority to sign the same. for the purpose; stated therein. NOTARY PUBLIC FOR ALASKA My Commission Expires: ACKNOWLEDGMENT FOR HUSBAND AND WIFE STATE OF ALASKA ) as. THIRD JUDICIAL DISTRICT Before me, the undersigned, a Notary Public in and for the ,;late of Alaska, on this day personally appcared and , husband and wife, both known to be till., persons whose names are subscribed to the fororoing Lease, and aeltnowledged. to me that they executed the some as their free and voluntary act and deed, and for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day Of NOTARY PUBLIC von ALARICA MY Commission Expires: I Revision 4/29/76 H "SCHEDULE A" LEGAL DESCRIPTIOY OF DOCK AREA A tract of land located in the Kenai Peninsula Borough within Section 4, Township 5 North, Mange 11 Vest, Seward Meridian, Alaska, more particularly described as follovis: Lots one (1) and two (2) of U. S. Survey No, 4563, EXCEPT Marcel i of said Lot 1 more particularly described as: Commencing at U.S. L. M. No. 32A which is identical to meander Corner No. i of U.S. Survey 104; thence S. 840 311 -E. for a distance of 240.08 feet to witness corner meander corner 1, Lot 1, U.S. Survey 4533; said point being the True point of Beginning; thence S. 440 001 W. along the westerly boundary of U.S. Survey 4563 for a distance of 116.82 feet to a point; thence S. 440 001 E. for a distance of 309.54 feet to a point on the easterly boundary of said survey; thence N. 480 001 E. along said easterly boundary of said survey for a distance of 477.84 feet to corner 3, Lot 1, of said survey; thence N. 430 001 W.•along the northerly boundary of said survey for a • distance of 343.20 feet to corner 2, Lot 1, of said survey; thence S. 440 001 W. along the westerly boundary of said survey for a distance of 368.28 feet to the True Point of Beginning. AND EXCEPT A 20 -foot right-of-way for an access road being 10 feet on each side of the following described centerline: Commencing at meander corner 2, Lot 2, of U.S. Survey 4563, which is common to meander corner 4. Lot 1, of said survey; thence N. 480 001 E. along the easterly boundary of said survey for a distance of 13.20 feet, more or less, to L ti 9 0 =r- 6 the southerly boundary of Parcel 1 of this tract; thence N. 44° 091 W. for a distance of 43 feet, more or less, to 7 1 0 =r- 6 the southerly boundary of Parcel 1 of this tract; thence N. 44° 091 W. for a distance of 43 feet, more or less, to a point on the centerline of the access road to the truck fill stand, said point being the True Point of Beginning; thence along a curve to the right with an angle of 90F', a radius of 60 feet and a tangent of 60 feet for a distance of 19 feel, more or less, to a point; thence S. 45° 001 W. for a distance of 17 feet, more or less, to a point; thence along I a curve to the right with an angle. of 90°, a radius of 60 feet and a tangent of GO feet, for a distance of 94.25 feet to a t point; thence N. 450 00' W. for a distance of 48 feet, more or less, to a point; thence on a curve to the tight with an ; angle of 90°, a radius of 60 feet and a tangent of 60 feet, t for a distance of 94.25 feet, more or less, to a point; j thence N. 45° 001 E. for a distance of 24. 00 feet to a point; thence along a curve to the left with an angle of 90, a radius of 60 feet and a tangent of 60 feet, for a distance of 4 feet, more or less, to a point on the southerly boundary of Parcel 1 ! ' of said Lot 1. AAD EXCEPT Thte Truck fill Stand parcel, more particularly described } ' as: j Commencing at meander corner 2, Lot 2, U.S. Survey 4503, , which is common to meander corner 4, Lot 1, of said survey; t thence N. 48° 00' G. along the easterly boundary of said survey for a distance of 13.20 feet, more or less, to the southeast , ,corner of Parcel 1 of said Lot 1; thence along the southerly boundary of said parcel for a distance of 43 feet, more or less, to a point on the centerline of tate truck fill stand access road; thence along said centerline on a curve to the right with an angle of 901, a radius of 60 feet and a tangent of 60 feet for a distance of 19 feet, more or less, to a point; thence S. 450 001 W; for a distance of 17 feet, more or less, to a point; thence along a curve to the right with an angle of 90P, a radius of 60 feet and a tangent of 60 feet, for a distance of 87 feet, more or j less, to the True Point of Beginning for this description; thence ; leaving the centerline S. 45° 001 W. for a distance of 16 feet, ' more or less, to a point; thence N. 45° 001 W. for a distance of 70 feet, more or less, to a point; thence N. 45° 001 E. crossing said access road for a distance of 40 feet, more or less, to a point; thence S. 45° 001 E. for a distance of 70 feet, more ar less, to a point; thepce S. 450 001 Cl. for a distance of 24 reef, more or less, to the True Point of Beginning. SU13JECT TO a Reservation to the United States of America, its transferees and assigns, for a right-of-way fur a pipeline owed on ilia public land records under 4.1 i..l) 513, Anchorage Serial No. AA -280, and more particularly described as follows; 1 A thirty (30) foot right-of-way being fifteen (15) feet on each side of list- following described centerline: Commencing at meander corner 2, Lot' 2., U. S. Survey 4503, which is common to meander corner 4 of Lot 1 of said survey; t thence N. 481 00' E. along the easterly boundary of said survey for a distance of 13.20 feet, more or less, to a point on the southerly brnmdary of Parcel 1 of said Lot 1; thence N. 440 00' W along said southerly parcel boundary � for a distance of 130 feet, more or less, to the True Point 4 of Beginning; thence S. 580 30' W. for a distance of 72 fret, more or less, to a point on the northerly boundary of the "above described Truck rill Stand parcel. tl ADJACENT LANDS Adjacent lands are described as; Lot 10, Section 4, Township S North, Range 11 West, Seward Meridian, containing 11.50 acres, Moro or loss. 4 F l ' •. • l r Y A • I I IL I OCOROC H. COREY ALC% M. OYLCR LAWRCNCC O RCW OTCVCN H. COREY COREY. BYLER & REw ATTORNEYS AT LAW au O. C. 009410" AVC. P. 0.90K E10 PENDLETON, OREGON 07001 June 8, 1977 No. Jan Williams City Attorney City of Kenai P. O. Box 580 Kenai, Alaska 99611 Dear Ms. Williamss TCLCPHONE AREA CODE 803 870-3331 Res Paul Vadan proposal to lease cafe and bar at Kenai Municipal Airport In line with our telephone conversation of June 7 I am enclosing three copies of a Proposal by Mr. Vadan to lease the cafe and bar at the Kenai Municipal Airport. All three copies are signed by him. We understand that the City Council will be meeting again on June 15, 1977 and that this Proposal will be submitted to them for their consideration at that time. Mr. Vadan would appreciate immediate notice concerning the City Council's approval or disapproval of the Proposal. If you have any questions concerning the Proposal and wish to discuss them with me before it is submitted to the City Council please feel free to contact me by telephone. Sincerely yours, COREY,•BYLER & REw BY AMB:jm (!�� enclosures cc: Mr. Paul Vadan It PROPOSAL TO: City of Kenai P. O. Box 580 Kenai, Ak. 99611 FROM: Paul Vadan P. O. Box 399 Arlington, Or. 97812 Telephone: 503-454-2646 DATE: June 8, 1977 Paul Vadan, hereinafter called "Applicant", proposes to lease space for a cafe and bar in the Kenai Municipal Airport Terminal, Kenai, Ak., from the City of Kenai and to obtain in conjunction with such lease the exclusive right to operate such cafe and bar in the Kenai Airport Terminal and within a 300 foot radius of the Terminal building as it presently exists. The pro- posal to lease is based upon the following terms and conditions: 1. The space to be leased would be rooms designated as 1, 2, 3, 4, 5 and 6 on the sketch attached hereto. 2. The term of the lease would be for ten (10) years commencing July 1, 1977 through June 30, 1997 with an option to renew such lease for an additional term of ten (10) years. 3. In addition to the leased space the City would provide utilities at no expense to the Applicant. All other services would be at Applicant's expense. 4. The proposal is based upon Applicant being able to obtain an appropriate State liquor license. Applicant under- stands that such a license is available upon payment of appro- priate State license fees. In the event a lease is effected A- a i W between the parties before such license is issued to Applicant such lease will be subject to cancellation in the event Applicant is unable to obtain such a State liquor license. 5. Hours of operation for the cafe and bar will be as follows: (a) Cafe: Seven (7) days per week, 365 days per year from 6 a.m. to 8 p.m. (b) Bar: Seven (7) days per week, 365 days per year from 12 noon to 12 midnight. (c) The hours of operation set forth above are minimum hours only and Applicant shall have the right to operate either the cafe or bar for additional hours if he chooses to do so at any time during the lease term or any extension or renewal thereof. 6. Alterations to the building within the space leased shall be approved in advance by the City but the City shall not unreasonably withhold its consent to any alterations proposed by Applicant. Costs of alterations shall be borne solely by Applicant. Alterations and improvements presently planned by Applicant during the lease term and approved by the City are shown on Exhibit "A" attached hereto. During any major alter- ations it is anticipated that only minimum service will be avail- able in the cafe which service shall be equivalent at least to the service being provided at the present time (May of 1977). 7. City will provide Applicant with parking space for a minimum of twenty (20) automobiles in the parking area adjacent to the Terminal building, such space to be without charge to Applicant or the users of the space. In addition, within two (2) years from the date of any lease made by reason of this L proposal, the City shall provide Applicant with space for forty (40) automobiles at no cost to Applicant or the users of such spaces. Such spaces as are provided herein shall exist during the term of the lease or any extension or renewal thereof. 8. Applicant shall have the right to establish and operate within the leased space a novelty, travelers' souvenir and curio shop at any and all times during the lease term or any extension or renewal thereof. This right shall exist with- out any obligation on the part of Applicant to pay additional rent for the privilege of operating such a shop. 9. Applicant shall pay as rent for the premises leased the following: (a) One thousand dollars ($1,000) per month or seven percent (7%) of the gross sales of the cafe and ten percent (10%) of the gross sales of the bar, excluding in both instances sales taxes, whichever (the $1,000 or the total of seven and ten percent of the gross sales) is greater. (b) Payments shall be made on or before the fif- teenth day of the succeeding month based on unaudited sales data. Audited statements of operation shall be provided to the City within sixty (60) days of the close of the business tax year. Any underpayments shall be subject to a negotiated penalty. (c) If payments are not made when due a penalty equal to ten percent (10+x) of the payment due shall be imposed and be immediately due and payable. In addition, interest shall accrue at eight percent (8%) per annum on all unpaid payments (but shall not accrue on the penalty). 10. Repairs and maintenance shall be taken care of as follows: I F _ - - ... - - ---._ _,. - �.. .�-..—•.—. 'fall �lOMlYlY. X11 :Y 1 II IY I i I 0 (a) City: Structural repairs; repair of sidewalks, driveways, exterior walls and roof; utility and utility connections; heating and airconditioning system and all repairs or restoration made necessary by fire. (b) Applicants Any interior redecorating or any repairs necessitated by negligence of Applicant or his agents, employees and invitees except where the loss or damage could have been covered by a standard fire insurance policy with extended coverage endorsement. 11. City shall be responsible for providing fire insurance coverage for the leased premises and Applicant shall be respon- sible for providing fire insurance coverage for his fixtures and improvements. 12. Applicant shall provide public liability and property damage insurance in a responsible company with limits of not less than $100,000 for injury to one person, $300,000 for injury to two or more persons in one occurrence and $50,000 for damage to property. In addition, Applicant shall indemnify and defend City from any claim, loss or liability arising out of or related to any activity of Applicant on the leased premises. 13. City shall assure Applicant of quiet enjoyment. 14. The lease between the City and Applicant shall contain the standard default clauses for leases of this sort in the State of Alaska including standard remedies on default but specifically providing the Applicant the right to written notice and ten (10) days to cure any default after receipt of such notice. 15. The lease between the City and Applicant shall contain a restriction on assignment by Applicant without the written con- sent of the City provided such consent will not be unreasonably I 1 --------- ;� withheld with the financial condition of the proposed assignee being the only grounds upon which consent may be withheld. i, 16. Should Applicant be granted the lease he intends to negotiate with Bryan Peck, the existing lessee of the premises, for the purchase of Peck's cafe and bar equipment. In the event Applicant is unable to purchase such equipment from Peck by 12 noon on June 30, 1977, Applicant shall immediately give notice of such fact, in writing, to the City and the commencement date for the lease shall be moved from July 1 to August 1, 1977, so as to permit Applicant adequate time within which to acquire equipment for the cafe and bar. Applicant makes this proposal on the contition that it shall be void if not accepted by 5 p.m. on June 20, 1977. n `. "P6 Paul Vadan, Applicant P. 0. Box 399 Arlington, Oregon 97812 Telohone: 503-454-2646 The above proposal is hereby accepted this day of June, 1977, pursuant to authority granted by the City Council i• of the City of Kenai, Alaska. Title ' 'j i k i • i 1 f . I EXHIBIT "A" i Alteration or Improvement Removable at end of Lease Fireplace no Carpets no Light Fixtures no Curtains no Wall Panelling no Chairs yes 4 ` Tables yes i Booths yes Bar yes I EXHIBIT "A" Tt►e followir ire items over $500.00 which need Council approv or ratification: 6- -7 VENDOR AMOUNT DESCRIPTION PROJECT/DEPT A/C CHARGED FOR APPROVAL: ' Western Utilities Supply $ 2,662.20 Fire Hydrant, seer Water & Sewer Repair & Maint. Sup. M.H. riings,anddllidsa of copper Doyle's Fuel Service, Inc. 1,694.89 Fuel Shop Operating supplies Hever Electric Association 3,806.56 Electric charges Dept. of Revenue Utilities Library " Police " Fire Dept. " Streets " State Lighting Agree. " Council on Aging " Water &Sewer " Airport Terminal " Airport M & 0 " Rainier National Bank 200,908.75 Bond payment Debt Service payment 1974 refunding - Interest Cross Construction Co., Inc. 930.00 Rings & Risers Water & Sewer Repair & Maint. Sup. Glacier State Telephone, CO. 3,510.98 Telephone Chg. Nan -Departmental Coonan catJons City Attorney City Manager" " Finance Dept. of Revenue " Library " Council on Aging " ' Police " Fire Dept " PW Admin. " Bldg. Inspection " Shop Water & Sewer " Sewer Treatment " ' EDA Capital Project Other admin expense Kenai Branch - IDB 1,800.00 Meals services Nutrition Program Professional. Services may AMOUNT POO 2,662.20 10361 10318 10356 1,694.89 9.97 182.63 129.67 359.09 714.00 440.84 25.08 960.05 732.20 252.94 200,908.75 930.00 10334 2,742.15 68.70 99.40 78.90 35.54 36.30 27.25 15.97 93.44 108.24 16.89 59.03 3.45 11.20 114.52 1,800.00 ■ i I 4 �iwdr i . Peninsula Clarion ! TO BE RATIFIED ' The Travelers Ins. Co. 742.09 Ads City Manager I.A:F;islative City Attorney Plan & Zone Advertising 112.50 434.59 142.50 52.50 5,525.85 Medical premium- City Attorney Medical iris. 172.97 May City Manager " •' 130.11 Finance " •' 341.94 Dept. of Revenue •• " 122.91 Library •• •' 243.42 Council on Aging '• •' 121.n Dispatch " Police 1,175.05 Fire 1,091.80 P14 Ate• " •' 128.91 Plan & Zone 122.91 Streets " 417.19 ' Bldg. Inspector '• •' 125.71 Shop 250.22 Animal Control •• " 122.11 Water & Sewer •' " 124.51 Sewer Treatment •• •' 248.62 Airport MO '• " 125.31 IDA Capital Project ProjHct ibspection 127.31 11,148.55 Employee retrmt- Mmy General Fund Withholding liability 3,755.60 City Attozaey Retire�at expense 156.19 City Manager " 111.52 Finance of 330.30 Dept. of Revneue " " 66.94 Library 74.84 Co�mcil on " " 38.42 Camamications " '• 206.92 Police " 850.01 Fire Dept. " 844.34 t r Y • h I , ;H C - PW Admin. Retirement expense 101.36 Plan & Zone " " 49.67 Streets 307.00 Bldg. Inspection 72.04 Shop 171.13 Animal Control " " 41.84 Water & Sewer " 142.87 Sewer Treatment " " 150.96 Airport Terra. Mgr. " " 39.25 F,.__ T^ / I CITY OF KENAI ORDINANCE 140. 347-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISHING A SPECIAL REVENUE FUND ENTITLED °KENAI SENIOR CITIZEN PROJECT" BY INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AMOUNT OF $35,600. WHEREAS, the State of Alaska has offered the City of Kenai a tentative grant award of $26,500 under Title III of the Older Americans Act of 1965, and WHEREAS, the City of Kenai must match the grant with $9,100 of in-kind services, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai that the following Increases in estimated revenue and appropriations are hereby made for FY 1977-78. Special Revenue Fund: Kenai Senior Citizen Project Increase Estimated Revenue: State of Alaska - Kenai Sr. Citizen Project Title III $26,500 Rental - Fort Kenay (In-kind) 7,900 Charges for Services - Acctg. Services (In-kind) 1,200 Increase Appropriations: Salaries & Wages $12,746 Accrued Leave 629 Employee Benefits 5,280 Craft Supplies 645 Communications 1.500 Printing & Binding 900 Vehicle Maintenance 2,100 Professional Services 3,150 Rent 7,900 Utilities 750 PASSED BY THE COUNCIL OF THE CITY OF KFNAI this 6th day of July, 1977. ATTEST: Sue C. Peter, City Clerk L j, a M 1 i 1 JAMES A. ELSON , MAYOR FIRST READING: SECOND READING: EFFECTIVE. DATE.: 1-111 JILL I. 11!_.. J Lu . I I Y IEll IT, I A- L ,t CITY OF KENAI . ORDINANCE NO. 348-77 �1 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI AUTIIORIZING PURCHASE OF A USED MOTORGRADER AND APPROPRIATING FUNDS FROM FEDERAL REVENUE SHARING FOR SUCH PURCHASE. WHEREAS, there are Federal Revenue Sharing funds available which have been dedicated to the purchase of replacement capital operating equipment, and WHEREAS, City operations require that another motorgrader be purchased, and WHEREAS, the Administration recommends the purchase of a used motorgrader because ° of the condition of this particular grader. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA AS FOLLOWS: Section 1: The Council hereby authorizes the purchase of the following: One used Caterpillar No. 12 Motorgrader, Series G - $75,000 ($72,277 + allowance for freight Anchorage to Kenai) . Such purchase is made under the provisions of Section 7-37(2) which excepts equipment which can be furnished only by a single dealer from the requirements of competitive bidding. Section 2: The following appropriation is hereby made: Special Revenue Fund: Federal Revenue Sharing S Increase Estimated Revenue: Federal Revenue Sharing $75,000 Increase Appropriations: Capital Equipment $75,000 General Fund Increased Revenue: ! Federal Revenue Sharing $75,000 Appropriations: Street Department - Machinery & Equipment $75,000 I PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 6th day of July, 1977. ATTEST: .Sue C. Peter, City Clerk JAMES A. ELSON, MAYOR FIRST READING: SECOND READING: EFFECTIVE. DATE.: I �^ CITY OF KENAI RESOLUTION NO. 77-81 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF 1IONIES BE MADE WITHIN THE 1976-77 GENERAL FUND BUDGET. FROM: Council on Aging Repair & Maintenance Supplies ($140) Professional Services ($276) TO: Council on Aging • Communications $396 r y- Public Utilities $ 20 • The purpose of this resolution is to transfer funds within the Council on Aging budget in accordance with revised estimates of expenditures as reported to the Office on Aging of the State of Alaska. s PASSED BY -THE COUNCIL OF THE CITY OF KENAI this 18th day of June, 1977. JAMES A. ELSON, MAYOR Ir f ATTEST: i 1 Sue C. Peter, City Clerk t C . t r �11 lS 1 1 'G •', .. _- -_', ... _.= ...—_.,.._ - ._ =jjAjjCWMMME1W 11111111 U-..... I. a..l I CITY OF KENAI ` RESOLUTION NO. 77-82 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE ' FOLLOWING TRANSFER OF MONIES BE MADE WITHIN THE 1876-77 GENERAL FUND BUDGET. FROM: Parks & Recreation - Repair & Maintenance Supplies ($450) Parks a Recreation - Operating Supplies ($788) TO: Parks & Recreation - Salaries & Wages $1,238 The purpose of this resolution is to transfer funds within the Parks and Recreation Budget in order to employ additional temporary personnel for a summer recreation and maintenance program. PASS$D by the Council of the City of Kenai, Alaska this 15th day of June, 1877. k ATTEST: I a.. 1 Sue C. Peter, City Clerk v I i r S i 1 , P I 11 { t �ry 1 JAMES A. ELSON, MAYOR June 9, 1977 MEMORANDUM TO: John E. Wise, City Manager FROM: Mark Brown, Director of Parks and Recreation My present budget through June 30, 1977 is $2,449.00 for personnel and $2,293.00 for supplies. I have presently under my employment Mike Burgner, part-time at $4.05 per hour in recreation; Blaine oilman, part-time at $3.30 1_4 0, per hour in parks; and Mike Jackson, Part-time at $3.30 per hour in Parks. The Present personnel funds would only fund Burgner and myself for the entire month. Jackson and ftlman would have to be laved -off June 15th. (Refer to Budget Plan No. ;.I With such a shortage of Delp, little could be done,tQ move the Parks and Recreation Program forward to t the needs of the community. Ile have a large amount of money in supplies which could easily be spent. There is a definite need for supplies but supplies are of no use unless we have personnel to utilize them. I propose a reallocation of funds from supplies to personnel. I feel that this is imperative for my d9partment for it to operate at the greatest efficiency. tY - To begin a recreation program that will serve 5n - 1010 kids daily as has been done in the past, we need at least two qualified, responsible people. Burgner satisfies one need but in order for a recreation Program to be initiated this month, we need one other individual. The amount of work to be done in the parks this summer is enormous with cleanup, restoration and construction. Here again, it is essential that we get enough personnel to accomplish the job. I recommend, with a funds allocation, that Jackson and Gilman work the remainder of the month and the hiring of one individual be carried out after the 15th. Z A 4 Please find attached a copy of how the budget will be carried out without reallocation, (Budget Plan No. 1) and a paper containing a budget plan with the proposed necessary reallocations. The problem is that we have a tremendous amount of work to be done by this department this summer and no one to do it. The money is there if we can just get at it. Mtarhow�n Director of Parks and Recreation MB/eh cc: Members, Kenai City Council CITY OF KFNAI RESOLUTION NO. 77-83 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE WITHIN THE 1976-77 AIRPORT LAND FUND BUDGET . FROM: Airport Land Fund - Miscellaneous (;11000) Airport Land Fund - Rentals ($21000) TO: Airport Land Fund - Professional Services $3,000 The purpose of this resolution is to transfer funds within the Airport Land Fund for appraisals and surveying. PASSED BY THE COUNCIL OF THE CITY OF KENAI this 15th day of June, 1977. ` ATTEST: - Sue C. Peter, City Clerk i i 1 i e i; �r JAMES A. ELSON , MAYOR C� rte_ f CITY OF KFNAI RESOLUTION NO. 77-89 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT _ THE FOLLOWING TRANSFER OF MONIES BE MADE WITHIN THE 1977-78 GENERAL FUND BUDGET. FROM: Non -Departmental - Printing & Binding ($2,650) TO: Library - Printing & Binding $2,650 .t The purpose of this resolution is to provide funding for the rental of a Xerox copying machine for the library for FY 1977-78. r ` The effective date of this Resolution shall be July 1, 1977. JAMES A. ELSON, MAYOR ATTEST: I Sue C. Peter, City Clerk i I t li A f p I I I .i s i l l�f 1111. l I I I j_ X, CITY OF KFNAI RESOLUTION NO. 77-85 BE IT RESOLVED BY. THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE WITHIN THE 1977-78 GENERAL FUND BUDGET. FROM: Contingency ($1,940) TO: City Clerk - Salaries & Wages $1,500 City Clerk - Accrued Leave $ 100 City Clerk - Employee Benefits $ 340 The purpose of this resolution to to transfer funds within the FY 1977-78 General Fund Budget to fund wage negotiations for the City Clerk. JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk X. CITY OF KENAI I '- RESOLUTION NO. 77-86 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE WITHIN THE 1976-77 GENERAL FUND BUDGET. FROM: Non-Departmental/Printing & Binding ($5,000) TO: Legislative/Printing & Binding $1,860 Finance/Printing & Binding 800 Library/Printing & Binding $05 Police/Printing a Binding 270 Fire/Printing & Binding S00 .-� Public Works Administration/Printing a Binding 1,465 The purpose of this resolution is to transfer funds among departments within the General Fund to reflect new estimates of duplicating costs. PASSED BY THE COUNCIL OF THE CITY OF KENAI this 15th day of June, 1977. JAMES A. ELSON, MAYOR ATTEST: 4 Sue C. Peter, City Clerk 11 j H: h� 'I I t. f b . t� 1 �t I 11 I � i `I CITY OF KI RESOLUTION N( BE IT RESOLVED BY THE COUNCIL OF THE C1 THE FOLLOWING TRANSFER OF MONIES BE MA SPECIAL REVENUE FUND BUDGET. FROM: Airport O&M/Salaries TO: Airport O&M/Overtime $9,000 The purpose of this resolution Is to transfer monies within the Airport O&M Special Revenue Fund Budget to provide funding for overtime incurred by Airport O&M employees. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 15th day of June, 1977. JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk . z j S CITY OF KENAI RESOLUTION NO. 77-88 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE WITHIN THE 1976-77 GENERAL FUND BUDGET. FROM: Public Works Administration/Salaries ($6,000) Public Works Street Maintenance/Overtime ($4,500) TO: Public Works Street Maintenance/Salaries $10,500 The purpose of this resolution is to transfer funds between Public Works Admini- stration and Public Works Street Maintenance, and within the Public Works Street Maintenance Department to provide funding for Public Works Street Maintenance salaries. I � I ` PASSED BY THE COUNCIL OF THE CITY OF KENAI this 15th day of June, 1977. f• JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk i i i I 7 I i a I - t - �-....-.�_..,.....r�-- �.l..ISl9l,I�JI J.�II - --I I. - -- i - • .. I . CITY OF KENAI r^ RESOLUTION Nn. 77-89 A RESOLUTION OF THE COUNCIL OF THF. CITY nF KFNAT, ALASKA, AITTunRTZTNG USE OF FAA LANDS AS SITES OF VOLUNTFF.R FIRE nEPAR.TAIENT CIRCTIR ANn CHAMBER OF COMMERCE WALLY BYA'%1 CARAVAN. WHEREAS, Kenai Volunteer Fire Department desires to sponsor a circus June 27th - June 28th, and WHEREAS, the Kenai Chamber of Commerce desires to sponsor a visit by the Wally Byam Caravan July 7th - 10th, and WHEREAS, use of the FAA (Bluff) lands is suitable for such public service activities. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska that approval is .hereby authorized for use of the FAA lands for the Kenai Volunteer Fire Department Circus to be held June 27th and 28th and the Kenai Chamber of ,-, Commerce Wally Byam Caravan July 7th - 10th. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of .lune, 1977. i JAMES A. ELSON, MAYOR i ATTEST: I Sue C. Peter, City Clerk a f CITY OF KENAI f � RESOLUTION NO. 77-90 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REJECTING BIDS RECEIVED FOR THE SENIOR CITIZEN TITLE VII NUTRITIONAL PROGRAM SERVICES. WHEREAS, the City of Kenai predicated its 1977-78 Title VII Senior Citizen Nutritional Program on a grant of $119,000 from the Federal Government, and WHEREAS, the grant authorized is considerably less -- $30,000, and WHEREAS, while there are some possiblities of additional funding, the City of Kenai cannot gamble on the full amount being made available as requested, and WHEREAS, bids received to service the program were based on specifications anticipating full year funding. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI that all bids opened June 7, 1977 for the Title VII Senior Citizen Nutritional Program Services are hereby rejected. PASSED by the Council of the City of Kenai, Alaska, -this 15th day of June, 1977. JAMES A. ELSON, MAYOR EN4044A Sue C. Peter, City Clerk V i CITY OF KENAI BID FOR NUTRITIONAL PROGRAM SERVICES DATE: Fane 5, 1977 COMPANY NAME: Cxrturirht Gnterprices 1 I ADDRESS: 9ax 3'79 Y� nni. i TELEPHONE NO.: 283-11075 BID o 20 meals/day 30 meals/day 40 meals/day 50 meals/day Daily: It 178 $193 6201 1209 Annually: $42,186 * 145,741 * $47.637 ° :49,533 " Submitted by: (Signature) * Cal culp tell on the hast s of 237 days per year (5x52a2F0 i —11 holidays —12 put luck days) ' T I I i 1 I � t A sI III ILAI 1. CITY OF KENAI BID FOR NUTRITIONAL PROGRAM SERVICES DATE: TiMP 4,1979 COI NAME: Tmnch Enx 'aterprz ADDRESS: .0. ::0'( 1=111 ::01410+ns•, Alstska ?93",Q TELEPHONE N0.: BID 20 meals/day 30 meals/day 40 meals/day SO meals/day Daily: $264.42 $286.28 $352. r,6 $363.49 C Annually: $630:40.80 $68,707.20 $84,614.10 *87.237.60 i The -above bid repr,ar:r:t poraon-rel employrci by Lunch Box :etc:ran4 on a t1f.,mIj These fiKurea call for r+a&s peid to W.Iled worker.; 1n L"hcIr. trades. Submitted by: i�r•. pu',r!cia. ,�. aC'lrr.,•t..�r (Signature) .S 1 i "r I C CITY OF KENAI i RESOLUTION NO. 77-91 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING GRANT FUNDS IN THE AMOUNT OF $55,050 FROM THE UNITEn STATES P.\TVIRO-rM1PxTTAL PROTECTION AGENCY AND $9,175 OR 50% OF TI;E NON-FEDERAL SHARE OF THE TOTAL ELIGIBLE PROJECT COSTS, WHICHEVER IS LESS, FROM THE STATE. OF ALASKA, DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR STEP 1 OF KENAI SEIVERAGF PROJECT C-020077. WHEREAS, the U. S. Environmental Protection Agency has offered to provide 75% funding of estimated eligible costs of $73,400 of the City's Sewerage Project C-020077, Step 1, and WHEREAS, the State of Alaska has offered to provide 12.5% funding of estimated eligible costs of $73,400 of this same project, and WHEREAS, the State funds shall be limited to 50% of the non-federal share of the total eligible project cost. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI that the grant from the U. S. Environmental Protection Agency of $55,050, and that the grant of $9,175 or 50% of the non-federal share of the total eligible project costs, whichever is less, from the State of Alaska, Department of Environmental Conservation for Step 1 of Kenai Sewerage Project C-020077 is hereby accepted. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of June, 1977. JAMES A. ELSON, MAYOR kv*i*94 Sue C. Peter, City Clerk In I1 Illi 1 0111 1 Jill 1I U.S. ENVIRONMENTAL PROTECTION AGENCY 400 REGION X .1 1200 SIXTH AVENUE SEATTLE, WASHINGTON 98101 My T ATM orliO HIS 514 City of Kenai Box 580 Kenai, Alaska 99611 Attn: J a C. Williams, City Attorney a 'Wil Dear Na isms: Attache pl ase find Complaint, Stipulation of Settlement and order, a Stip ion I, and Stip ion of Dismissal for the case of United States vs. Cityi of Kenai. We believe, quite naturally, that this settlement offer s both fair and generous, and we urge you to give it careful considera- tion. For our part, we are initiating modification of the final effluent limitations in the City's NPDES permit to secondary treatment levels, i.e. 30 mg/1 BODS and suspended solids, or 85% removal, whichever is the more stringelit. This is the statutory level, and we understand from our telephone conversation with you on May 25 that you are capable of meeting these limitations when the plant Is properly operating. The modification will also propose that the fecal coliform limitations and attendant monitoring requirements, including monitoring for residual chlorine, be eliminated. Please note that these proposed changes will not become effective until public notice procedures.are completed and state certification Is received. When effective, these are the numbers that the City must meet to comply with clause number 13 of the Stipulation of Settlement. We are sending these copies for your consideration and the consideration of the City Council. I will be in contact with you shortly to arrangh the final signature. Thank you for your co2peration. Sincer�ly, IU@bael\rarcia Legal upport I Attornet, Legal port Branch Enclosure ccs Pat Brian, Assistant U.S. Attorney, Anchorage Dan Crevensten, EPA A00 A J t .i i..�s��+_.J..-..._. _ _- •�3;1�.11�1lLLlllElLtll J!!n .11LL _!,al.._. ._ .. I. I .•. .s 1 2 3 4 6 6 ' T 9 IN THE UNITED STATES DISTRICT COUNT ICOR THE DISTRICT OF ALASKA 9 10 United States of America ) 11 va. ) CIVIL No. ) 12 The City of Kenai, Alaska, ) STIPULATION OF SE9"TI.E?,WNT and the State of Alaska, ) AND ORDER 13 ) Defendants. ) 14 } 16 The United States of America, plaintiff, and the City of Kenai, 18 defendant, by counsel, agree that an order to the fallowing effect be � '19 entered in settlement of this actions 18. 1. Defendant State of Alaska, having been joined as a nominal Defendant ' 19 pursuant to 33 USCA 5 1319(e), and not being at fault in this action nor 20 liable for payment of any civil penalty or any expenses incurred as a 21 result of complying with any judgment entered against Defendant City of 22 Kenai, shall be and is dismissed, with prejudice, as a party to this 23 action. 24 2. Defendant City of Kenai shall pay to.the United States the sum of 25 $5,000.00 as a civil penalty. 26 3. Defendant City of Kenai shall check its pumping stations at least 27 daily to assure proper operation. •, 28 4. Defendant City of Kenai shall clean the Imhoff tank at least twice 29 annually, on or about May lot and October let of each year. 30 5. Defendant City of Kenai shall measure the chlorine residual at the 31 32 Page 1 • STIPULATION OF SETTIiWNT A11D ORDER It - 11 1 Imhoff tank once per day, and shall measure the fecal coliform bacteria S 2 at the Imhoff tank twice per week, and shall report on the results of 3 these tests as specified in the defendant's NPDES permit. 4 b. Defendant City of Kenai shall maintain in operational status its 6 alternative source of electric power. 6 7. Defendant City of Kenai shall convert its blower power front 7 Waukeshaw engines to electric engines. a 8. Defendant City of Kenai shall. by September 19 1977, convert its 9 sewage treatment plant to contact stabilization or an approved altern.t- to tive, and shall further report on the progress of this conversion every 11 thirty days from the effective date of this order until such conversion 12 is completed. 13 9. Defendant City of Kenai shall decide by July 1, 1977, whether to 14 modify its clarifier•or to construct a flow equalization basin, and r-• 15 shall report on such choice on July 1, 1977. The alternative selected to shall be operational by September 1, 1977. x•17 10. Defendant City of Kenai shall report monthly, on or about the first to •day of each month, on the status of the correction of the defendant's i 19 inflow and infiltration problem. 20 11. Defendant City of Kenai shall explore the possibility of acquiring 21 surplus Alyeska generators and converting them to portable operation, and 22 shall report on this on July 1, 1977. 23 12. Defendant City of Kenai shall submit Discharge Monitoring Reports as 24 provided in its NPDES permit. 25 13. Defendant City of Kenai shall accomplish whatever other reasonably 29 prudent stops are necessary to achieve emplianee with the terms of its 27 NPDES permit. 28 14. All reports required by this stipulation shall be sent to the 29 Environmental Protection Agency, Region 2. 1200 Sixth Avenue, Seattle, I 3o Washington 981010 Attention Michael Garcia, Mail Stop 514. Copies shall 31 be provided to EPA Alaska Operations Office, Room 8, Federal Building, 32 Pago 2 - STIPUId1TiON OF SETTIYNENT AND ORDER M '4� �,�e■tr�.a.cr.� r. t ♦ �F F� iF t - _ -._ i• -n----r�.�- -_•—uM tel!!. ii MIA11111111A.'.6L:.---.1II.. .. .. _ •.(• 1 Anchorage, Alaska 99501, attention Dan Crevensten. DATED this day of , 1977 at Anchorage, 3 Alaska. 4 b G. KENT EDWARDS 7 By: PAT BRIAN 9 Assistant U. S. Attorney 9 10 MICHAEL GARCIA, Attorney for 11 the Environmental Protection #2 Agency CITY OF KENAI 18 14 $Y= 1b Janis C. Williams, City Attorney, City Manager, City of Kenai City of Kenai 1$ • 17 • ORDER is IT IS 50 ORDERED. this day Of 1977. 19 20 21 UNITED STATES DISTRICT JUDGE 22 23 24 25 2$ 27 • 2$ 29 30 31 32 Page 3 - STIPULATION OF SETTLEMENT AND ORDER rnn.nln.ntti i i G , t 1. Y ' i ■ AI r i Y - _ -._ i• -n----r�.�- -_•—uM tel!!. ii MIA11111111A.'.6L:.---.1II.. .. .. _ •.(• 1 Anchorage, Alaska 99501, attention Dan Crevensten. DATED this day of , 1977 at Anchorage, 3 Alaska. 4 b G. KENT EDWARDS 7 By: PAT BRIAN 9 Assistant U. S. Attorney 9 10 MICHAEL GARCIA, Attorney for 11 the Environmental Protection #2 Agency CITY OF KENAI 18 14 $Y= 1b Janis C. Williams, City Attorney, City Manager, City of Kenai City of Kenai 1$ • 17 • ORDER is IT IS 50 ORDERED. this day Of 1977. 19 20 21 UNITED STATES DISTRICT JUDGE 22 23 24 25 2$ 27 • 2$ 29 30 31 32 Page 3 - STIPULATION OF SETTLEMENT AND ORDER rnn.nln.ntti * •t 1 i t s i� -- - � —� "-� rw�....,.. �. _, .,. ...a-.-....-.r..-°rf•ii6n iaui _._-1i__fl._. J.., ._., 1 - a. 2 3 . 4 6 ai! 8 4 7 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA 9 to United States of America, ) Civil No. 11 va. ) COMPLAINT 12 The City of Kenai, Alaska, ) and the State of Alaska, ) 13 ) Defendants. ) 14 1 16 The plaintiff above-named by its counsel, undersigned (by authoriza- tion of the Attorney General) acting at the request of the United States � lfi Environmental Protection Agency (EPA), Region X, Seattle, Washington, for 18 a claim for relief alleges as followss 19 1. Jurisdiction 20 A. Defendant, City of Kenai, is an Alaska municipality operating, 21 a waste treatment (municipal wastewater discharges) plant at Kenai, 22 Alaska. 23 B. Defendant, State of Alaska, is joined as a nominal Defendant 24 pursuant to 33 USCA 4 1319(e). 26 C. Jurisdiction heroin exists on the basis of 28 USCA 6 1345 and 26 33 USCA 11319(b), The latter is a portion of the Federal Water Pollution 27 Control Act (hereinafter, PWPCA). 28 2. Claim for Relief 29 A. Defendant has repeatedly discharged effluent to the Kenai 30 31 Page 2 - COMPLAINT 32 `J 1 River Estuary (which is navigable waters of the United States) in excess 2 of the pollutant quantities and concentrations permissible under its 3 National Pollutant Discharge Elimination System (NPDES) permit No. 4 AK -002137-7, a copy of which is attached marked Exhibit A. b B. Under 33 USCA S 1311, the aforesaid conduct of Defendant in $ discharging pollutants (BODS, suspended solids, fecal coliform) in excess of limits in its said NPDES permit is a violation of law subjecting 8 Defendant to liability for civil penalties (33 USCA 5 1319(d)) of no more s than $10,000 per day of violation, and to injunctive relief (prohibitory 10 and mandatory) under 33 USCA 4 1319(b). 11 C. Defendant was granted NPDES Permit No. AK -002137-7 effective 12 December 14, 1973. 13 D. The Defendant is in violation of special condition(s) S1. S2, 14 S4 and S9 of that NPDES permit and in violation of HPA Compliance Orders 16 Nos. X75-07-03-308/309 and X76-01-20-309, copies of which are attached 18 marked Exhibits B and C. 17 E. The applicable portion of spacial condition S1 states: 18 41. Effluent Limitations is During the period beginning on the effective date of this permit and lasting until July 1, 1978, 20 discharges from outfalls shall be limited and moni- 21 tored by the pormittee as specified below: a. The monthly average quantity of effluent 22 discharge from the wastewater treatment facility 23 shall not exceed 1893 cmd (0.5 mgd). 24 C. The following shall be limited and monitored 25 by the permittee as specified: 28 Effluent Concentrations 27 Effluent Unit of Daily Weekly Daily Characteristic Measurement Averame Average Maximwn • 28 Biochamtcal Oxygen 29 Demand (5 -day) mg/l 15 20 30 Suspended Solids mg/l 15 20 30 30 Fecal Coliform Bacteria number/100 ml 200 400 -- 31 32 Pale 2 - COMPLAINT i A 1 River Estuary (which is navigable waters of the United States) in excess 2 of the pollutant quantities and concentrations permissible under its 3 National Pollutant Discharge Elimination System (NPDES) permit No. 4 AK -002137-7, a copy of which is attached marked Exhibit A. b B. Under 33 USCA S 1311, the aforesaid conduct of Defendant in $ discharging pollutants (BODS, suspended solids, fecal coliform) in excess of limits in its said NPDES permit is a violation of law subjecting 8 Defendant to liability for civil penalties (33 USCA 5 1319(d)) of no more s than $10,000 per day of violation, and to injunctive relief (prohibitory 10 and mandatory) under 33 USCA 4 1319(b). 11 C. Defendant was granted NPDES Permit No. AK -002137-7 effective 12 December 14, 1973. 13 D. The Defendant is in violation of special condition(s) S1. S2, 14 S4 and S9 of that NPDES permit and in violation of HPA Compliance Orders 16 Nos. X75-07-03-308/309 and X76-01-20-309, copies of which are attached 18 marked Exhibits B and C. 17 E. The applicable portion of spacial condition S1 states: 18 41. Effluent Limitations is During the period beginning on the effective date of this permit and lasting until July 1, 1978, 20 discharges from outfalls shall be limited and moni- 21 tored by the pormittee as specified below: a. The monthly average quantity of effluent 22 discharge from the wastewater treatment facility 23 shall not exceed 1893 cmd (0.5 mgd). 24 C. The following shall be limited and monitored 25 by the permittee as specified: 28 Effluent Concentrations 27 Effluent Unit of Daily Weekly Daily Characteristic Measurement Averame Average Maximwn • 28 Biochamtcal Oxygen 29 Demand (5 -day) mg/l 15 20 30 Suspended Solids mg/l 15 20 30 30 Fecal Coliform Bacteria number/100 ml 200 400 -- 31 32 Pale 2 - COMPLAINT �' - ._mow'.` s�•^'.--_n".'.�i.Lmns�c�-wv"..-.-"^ 1 ! Effluent Loadinr,4 j 2 Effluent Unit of Daily Daily - Characteristic Measurement Average Maximum 3 j Biochemical Oxygen f Demand (5 -day) kg/day (lb/day) 28 (62) 56 (124) Suspended Solids kg/day (lb/flay) 28 (62) 56 (124) - b , 8 F. Discharge Monitoring Reports submitted to EPA by the Defendant 7 City of Kenai, avow a flow (monthly average quantity discharged) greater 8 than the permit limitation set forth above for the month of March, 1975. 0 G. Discharge Monitoring Reports submitted to L'PA by the Defendant 10 City of Kenai, also show effluent limitation violations for the parameter !i of BODS for the months of June 1974 through September 1974; July 1975 12 through August 1975; October 1975 through May 3976; August 1976 and 13 ` October 1976. 14 N. Discharge Monitoring Reports submitted to EPA by the Defendant Ib City of Kenai also show effluent limitation violations for the parameter 18 of suspended solids for the month of June 1974 through September 1974; 17 i * July 1975 through April 1976; and October 1976. 18 ` I. Discharge Monitoring Reports submitted to EPA by the Defendant 10, k City of Kenai also show effluent limitation violations for the parameter' 20 of fecal coliform for the months of October 1975 through December 1975; 21 and May 1976. 22 J. The applicable portion of special condition S2 states; i 23 . "S2. Comoilation of Monitoring Data 24 a. Samples and measurements taken to meet the 25 monitoring requirements specified above shall be repre- sentative of the volume and nature of the monitored 20 discharge, _- 27 b. Following promulgation of guidelines estab- lishing test procedures for the analysis of pollutants, ` 28 published pursuant to section 304(8) of the Federal I Nater Pollution Control Act, as amended, all sampling t 20 and analytical methods used to meet the monitoring re- �k quiremonts specified above shall conform to such guide - 30 lines. If the section 304(g) guidelines do not specify j I 3i ' 4! I -E 32 Page 3 - COMPLAINT ;i M t•.tr♦ Mx.JM1 •t >f ' f S' t. 1 1� 1 ' F r w - �_.-..—_.__; _.�__._ .. _' ...,-......: �-.---^�--�... ____ — �.•.._�,�sn.r.rir4lRltrJLl it ni iN-!_ I i .�� 1 test procedures for any pollutants required to be monitored by this permit and until such guidelines are 2 prostuigated, sampling and analytical methods used to meet the monitoring requirements specified in this 3 permit shall, unless otherwise specified by the Regional Administrator, conform to the latest edition 4 of the following references: 6 (1) American public Health Association, Standard Methods for the Examination of 6 Water and Wastewaters. 7 (2) American Society for Testing and Materials, A.S.T.M. Standards, part 23, 8 Water, Atmospheric Analysis. 9 (3) Environ=ntal protection Agency, Water Quality Office, Analytical Control Labora- 10 tory, Methods for Chemical Analvsis of Water and !tastes. 11 The permittee shall submit a description of the 12 sampling and analyses methods it proposes to use to the Regional Administrator within 30 days of the effective 13 date of this permit, specifying their location in a particular reference work. The permittee shall use 14 only such methods in gathering the required data on the quantity and quality of its effluent. 15 16 K. The 1976 Annual compliance Inspection P.eport for the City of 17 Kenai, shows on page 2 thereof the use by the Defendant City of Kenai 18 of non -representative samples and non -approved analytical techniques 19 contrary to special condition 82. 20 L. The applicable portion of special condition S4 states: 21 22 c. All information submitted on the Discharge 23 Monitoring Report form shall be based upon measurements and sampling carried out during the previous reporting 24 period. The first Discharge Monitoring Report shall be submitted for the period ending March 31, 1974. 25 Thereafter, reporting periods shall end on the last day of September, December, March and June. The permittee 26 shall submit a Discharge Monitoring Report postmarked no later than the 28th day of the month following each 27 quarterly reporting period." 20 M. No Discharge Monitoring Reports have been received by EPA Region 29 X for the periods of January 1974 through March 1974; October 1974 through 30 June 1975; June 1976 through July 1976; and September 1976. 31 32 Page 4 - COMPLA114T l5Yn.04n -047 1 2 8 4 6 6 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 26 27 • 28 29 80 31 32 N. The applicable portion of special condition 59 states: "The permittee shall either: a. no later than thirty days after the effective date of this permit, certify in writing to the permit Issuing authority that the permittee has installed or provided for an alternative electric power source sufficient to operate all facilities utilized by permittea to maintain compliance with the terms and conditions of the permit; or b, no later than thirty days after the effec- tive date of this permit, certify in writing to the permit issuing authority that upon the reduction, Loss, or failure of one or more of the primary sources of electric power to any facilities utilized by the permittee to maintain compliance with the terma and con- ditions of this permit, the permittee shall halt, reduce, or otherwise control all discharges in order to maintain compliance with the terms and conditions of this permi.t." O. No such certification has been received by EPA Region X. P. Compliance Order No. X75-07-03-308/309 was issued to the Defendant City of Kenai on September 3, 1975, requiring the City (in paragraph 3 and 4 thereof) to submit within thirty days of its receipt of the Order a program and time schedule for implementation of certain recommendations contained in a report entitled 'Operation and Maintenance Technical Assistance Report for Kenai Wastewater Treatment Facility" and to submit the above referenced alternate power certificate. Q. No such submittals were received by EPA Region X. R. Compliance Order No. X76-01-20-309 was issued to the Defendant City of Kenai on March 1, 1976, requiring the City (in paragraph 2 on Page -3 thereof) t o submit within thirty days of its receipt of the Order a plan and schedule of corrective steps to be taken to achieve permit effluent limitations. S. No such submittal has been received by EPA Region X. T. Dofendant has •failed to comply with its NPDES permit and the cited EPA orders and is liable for injunctive relief and civil penalties accordingly. Page 5 - C&IPIATNT A- 1 J' t i t 3. Relief. Uharefores 2 A. Plaintiff prays for a Judgment assessing the Defendant a civil a penalty not to exceed $10,000 per day for its violations to date; and { B. Plaintiff prays for such further, additional and supplementary 6 relief as the plaintiff may be entitled to under law, including Judgnent 6 for costa and disbursements herein to be taxed. 7 DATED this day of , 1977, at ,anchorage, 6 Alaska. 9 to G. W;T EDWARDS United States Attorney ii f 12 � By, PAT la PAT BRIAN ° ,., Assistant U. S. Attorney li P •16 j I6 • 17 ! _s 16 i R x 19 F 20 ►. 21 } 22 i 23 . k 24 I _ I 26 21} t 28 30 3i 32 Page 6 - COHPLAINT i t s: t 9. I L. - .r-.-..-..sm��i MLAII1 11 _JL - -_- _«.3.'::.'�.:'_.,. �:Y w4...a:]r_...'�—� YiasY•+ -- .,---^^`.— _ __ _. .. _ _... =: `�: .. �' . ._...r+��+.�.w.�...:- .. ' t i 2 ' a 4 " a s 7 8 IN THE UNITED STATES DISTRICT COURT - FOR THE DISTRICT OF ALASKA 9 10 Utaited States of America, ) } li vs. ) CIVIL No. 12 The City of Kenai, Alaska, ) StIYULATIOS OF D[SMISSAL ` and the State of Alaska, ) 13 } r-• Defendants. ) } 14 la An order having been entered granting injunctive relief and a civil 18 + penalty of $5,000.00 having been paid to the United States, this action 17 may be dismissed pursuant to Rule 41(a)(1) of the Federal Rules of Civil Frocedute. ` DATED this day of , 1977, tit Anchorage, ; ( 20 ' Alaska. a 21 i 22 i t G* KENT EDWARDS 23 United States Attorney i 24 -- 26 By: ' - FAT BRIAN ; - -� 20 Assistant U. S. Attorney i 4 29 t 39 t 31 G k 32 1 , k � i k r f CITY OF KENAI i i RESOLUTION NO. 77-92 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE WITHIN THE 1976-77 GENERAL FUND BUDGET. FROM: Public Works - Administration/Salaries & Wages ($1,175) TO: Public Works - Streets/Machinery & Equipment $1,175 The purpose of this resolution is to transfer funds between Public Works Administration and Public Works Streets to provide the balance necessary to purchase a Sign Baking Machine. Ordinance No. 345-77 appropriated an additional $3,325 for this purchase. PASSED BY THE COUNCIL OF THE CITY OF KENAI this 15th day of June, 1977. ATTEST: Sue C. Peter, City Clerk JAMES A. ELSON , MAYOR "- Im I F r NMON / FAM 310 "E" Street. Anchorage. Alaska 00501 MCNRECTS AND PLANNERS 007 277.2841 A-KMA-15 June 3, 1977 -I TO: John Wise, City Manager City of Kenai Box 580 Kenai, Alaska 99611 FOR: Progress Billing PROJECT: Kenai Airport Masterplan Study STATEMENT NO.2 All work thru April 30, 1977 (See attached summary) $6,859.61 71-1 TRA/Farr ` R. Dan Farr RDF/vlj Attachments -iw III owl III ,II III II J -t $ 8,972 3.8% Period:April 1-30, 1977 10JECT WORK ELEMENTS i ease I Airport Reouirements 1. Inventory = 2. Forecasting 3. Airspace Analysis 4.= Demand Capacity S. Facility Requirements 6. Environmental & Noise 184 $ 5,166 'TOTALS PHASE I case II Site Selection _7. Field Investigations ,8. Site Evaluations .9. Alternatives & Recomdns. base III Airport Plans 10. Airport Layout Plan 11. Land Use, Access Plan 12. Terminal Area Plan 13. Airspace Utilization 288 8,940 Plan 14.--gbstacie, Clear Zone 27.0% Olan 384 10.703 TOTALS PHASE III ease IV Financial Plan .5. Development Program 16. Cost Estimates & Revenue .7. Economic Feasibility X18. Financing & Leasing i i TOTALS PHASE IV i ease V Miscellaneous f �9. Public Hearing ,.0. Printing, Reproduction 1. Travel, Per Diem 2. Wind Rose - 00.00 Reimbursable �3. Graphics . 4. Commun. Partic. & Goals i5. Study - Design & 7,000.0 Assoc. Costs 6. Admin: Agcy. Co-ord. J TOTALS PHASE V 1,659.0;. GRAND TOTAL ESTIMATE OF WORK PROGRESS AND COSTS INCURRED KENAI AIRPORT MASTER PLAN $ 8,972 3.8% Period:April 1-30, 1977 1,021.14 368 11,130 Summary 167.00 8.5% 946.04 Project Scope Progress this month Progress to Date Mw bpfPC Cost % Complete Cost S Complete Cost 184 $ 5,166 2.6% 133.60 93.4% 4,824.69 144 3,359 23.4% 785.74 37.4% 1,257.18 32 1,224 29.0% 356.16 36.4% 445.20 24 402 0 00.00 0 00.00 288 8,940 9.0% 807.42 27.0% 2,422.27 384 10.703 17.8% 1,904.30 21.8% 2,337.10 T, •5S 3.19,794 00.00 3,987.22 2,992.50 11,286.44 328 $ 8,972 3.8% 340.38 11.4% 1,021.14 368 11,130 1.5% 167.00 8.5% 946.04 128 3,698 0 00.00 0 00.00 48 1.620 22.0% 356.16 29.3% 474.88 48 1,620 0 00.00 7.3% 118.72 9N ui.04U 88T3--- d' 2,560.78 e 160 $ 4,637 0 00.00 0 00.00 = 144 3,541 13.6% 481.03 13.6% 481.03 176 5,123 15.0% 768.50 15.0% 768.50 f 193 4,061 0 00.00 14.9% 609.12 rM $17,362 1,249.53 1,858.65 s s 96 $ 3 '391 0 00.00 ' D.C. 4,000 0 00.00 D.C. 14,050 0 00.00 21.3% 2,992.50 D.C. 233 0 00.00 100.0% 233.00 4 120 3,599 0 00.00 3.6% 129.8 232 6,848 0 00.00 0 00.00 144 7,000 0 00.00 100.0% 7,000.0 288 9,842 7.7% 759.32 16.9% 1,659.0;. NU $48,963 .3 12,D14.3= 3,528 $123,159 6,859.61 27,720.21 0 - . -M I _ � •-=- r. ._.--�-� - •�.I .I_! I 1111111 III II II III I f l I t , i ESTIMATE OF WORK PROGRESS AND COSTS INCURRED `ROJECT WORK ELEMENTS 'case I Airport Requirements MASTER PLAN 1. Inventory 2. Forecasting 1-30, 1977 3. Airspace Analysis - 4. Demand Capacity S. Facility Requirements 6. Environmental & Noise Progress this month Progress to Date TOTALS PHASE I % Complete ease II Site Selection Cost 7. Field Investigations - 20% S. Site Evaluations 668.00 9. Alternatives & Recomdns. 0 use III Airport Plans 00.00 10. Airport Layout Plan 11. Land Use, Access Plan ' 12. Terminal Area Plan ` 113. Airspace Utilization 00.00 ; an 2,338.00 14: -Obstacle, Clear Zone 133.60 f Plan 80 3,340.00 TOTALS PHASE III ' lase IV Financial Plan 16 '15. Development Program E 16. Cost Estimates & Revenue 17. Economic Feasibility 18. Financing & Leasing 99 4,008.00 TOTALS PHASE IV WIT ,ase V Miscellaneous 8 19. Public Hearing 00.00 X20. Printing. Reproduction 8 33- 4.O 21. Travel. Per Diem 07.00 22. Wind Rose - 0 00.00 Reimbursible - - --- 23. Graphics 0 :. 24. :i 25. Commun. Partic. & Goals Study Design 547.50 -. _ - & 0 00.00 Assoc. Costs 02.00 I 26. Admin; Agcy. Co-ord. 0 i II TOTALS PHASE V 0:.00 _ GRAND TOTAL 1 f J 100% i 128 ff t f 534.40 10% 53-".4t . 240 i i 534.40 1 = 400 $18,525.00 835.00 - . -M I _ � •-=- ._.--�-� - •�.I .I_! I 1111111 III II II III I f l I ESTIMATE OF WORK PROGRESS AND COSTS INCURRED KENAI AIRPORT MASTER PLAN Period: April 1-30, 1977 Firm : MNF Project Scope Progress this month Progress to Date Man Hours Cost % Complete Cost % Complete Cost 16 668.00 20% 133.60 100% 668.00 8 334.00 0 00.00 0 00.00 32 1.336.00 0 00.00 0 00.00 ; 39 2,338.00 133.60 f 668.00 80 3,340.00 5% 167.00 5% 4 167.00 16 668.00 0 00.00 0 00.00 99 4,008.00 WIT 167.0C 8 334.00 0 00.00 0 00.00 8 33- 4.O 00.00 07.00 24 1,002.00 0 00.00 0 Y 03.00 -- 1,825.00 0 00.00 30% 547.50 24 1,002.00 0 00.00 0 02.00 32 1,336.00 0 00.00 0 0:.00 32 1,336.00 0 00.00 100% 1,33=.00 128 5,344.00 10% 534.40 10% 53-".4t . 240 11,845.00 534.40 400 $18,525.00 835.00 3,25_.00 ` - . -M I I II IILIls 11111111111 T, - - " -- -. ESTIMATE OF WORK. PROGRESS AND COSTS INCURRED KENAI AIRPORT MASTER PLAN Month: April 1-30, 1977 Firm : The Richardson Associates Project Work Elements Total Cost Progress this Month Progress o Date Man Hrs. Cost % Comp } Cost % Comp Cost Phase I Airport Requirements 1. Inventory 40 1,082.00 0 0.00 100% 1082.00 2. Forecasting 8 216.40 .0 0.00 0 0.00 3. Airspace Analysis --- - 4. Demand Capacity - -- - -- _ -- 5. Facility Requirements 32 865.60 0 0.00 0 0.00 6. Environmental & Noise 320 8,656.00 22% 1904.30 27% 2337.10 TOTALS PHASE 1 WO- 10, 820.00 1904.30 3419.10 Phase II Site Selection. Not in Kenai Study Phase 111 Airport Plans 10. Airport Layout Pian 80 2,164.00 0 0.00 0 0.00 11. Land Use, Access Plan 288 7,790.40 0 0.00 100/0 779.04 12. Terminal Area Plan 112 3,029.60 0 0.00 0 0.00 13. Airspace Utilization Plan 16 432.80 0 0.00 0 0.00 ; ' 14. Obstacle, Clear Zone Plan 16 432.80 0 0.00 0 0.00 TOTALS PHASE 111 3Ti 13, 849.60 0.00 779.04 .phase IV Financial Plan A5. Development Program 8 216.40 0 0.00 0 0.00 16. Cost Estimates & Revenue - -- - -_ - -- 17. Economic Feasibility 18. Financing & Leasing - -- TOTALS PHASE IV 8 216.40 0.00 0.00 Phase V Miscellaneous t 19. Public Hearing 48 1,298.40 0 0.00 0 0.00 20. Printing, Reproduction - 4,000.00 0 0.00 0 0.00 21. Travel, Per Diem - 4,850.00 0 0.00 20% 970.00 22. Wind Rose - -- - -- - -- 23. Graphics 96 2,596.80 0 0.00 5% 129.84 24, Commun. Portic. & Goals 152 4,111.60 0 0.00 0 0.00 25. Study Design 40 1,935.60 0 0.00 100% 1935.60 26. Admin; Agency Coord. 80 2,164.00 5016 108.20 25% 541.00 TOTALS PHASE ViT 70,956.40 108.20 3576.44 - - GRAND TOTAL 1336 $45,842.40 $2012.50 $7774,58 �i ri Ji s .• 1 t 4 ...n. t, 1,10i7 J AlLNZE Total Progress to Date Percent Complete Cost 90 40 50 0 30 IS 40 10 15 15 15 0 20 100 0 100 25 �n sill ilR IIIIIIIIIIII Iii ��. i 3,074.6( 1,257.1' 445.2, 0.0' 2,422.2- 0.0( ,422.20.0c 7,199.3, . i 1,021.1 ' l 474.8 1 i 118.7 1,614.7 0.0 ! 481.0 768.5 ; 609.1 1, 858.6 i i 0.0. ' 1,475.0 233.0 ! i 0.0 j t 3,728.4 5S3.E 6,0»0.0 16,692.7 a I ESTIMATE OF WORK PROGRESS AKD COSTS INCURRED KENAI AIRPORT MASTER PLAN r Month: April. 1-30, 1977 ` � Firm: T.A.P., Inc. f _Eject Work Elements. Total Cost Progress this Month" Man Hrs. Cost Percent Complete Cost .ase I Airport Reauirements '. Inventory 128 3,416.32 0 0 Forecasting 136 3,142.96 25 785.74 •. Airspace Analysis 24 890.40 40 356.16 -. Demand Capacity 24 402.24 0 0 Facility Requirements 256 8,074.24 10 807.42 Environmental & Noise 32 711.04 0 0 TOTALS PHASE I 600 160637.20 1,949.32 'sass II Site Selection Field Investigations ;. Site Evaluations Not in Menai Study y. Alternatives & Recomdns. ' :ase III Airport Plans Airport Layout Plan 248 69807.60 5 340.38 Land Use, Access Plun -- -- 0 0 Terminal Area Plan -- -- 0 0 ' . 'irspace Utilization 30. 356.16 Jan 32 1,187.20 Obstacle, Clear Zone 0 0 . Plan - 32 1,187.20 696.65 TOTALS PHASE III 312 9,182.00 ;ase IV Financial Plan ' Development Program .152 4,420.16 0 0. . .Cost Edtimates & Revenue 136 3,206.88 15 481.03 j Economic Feasibility' 176 5,123.36 15 768.50 j Financing & Leasing 192 4,060.80 0 0 TOTALS PHASE IV 656 16,811.20 1,249.53 lase V' Miscellaneous 0* 0 I. Public Hearing 24 1,091.04 ' Printing, Reproduction -- -- 0 ,,. Travel, Per Diem -- 7,375.00 0 Wind R6se - Reimbursable -- 233.00 0 0 Graphics -- -- 1 Commun. Partic. & Goals 48 1,400.16 0 0 �. �. Study - Design & Costs 72 3,728.40 0 0 i iAssoc. !. Admin; Agcy. Co-ord. 80 2,334.40 5 116.72 TOTALS PHASE V 224 16,162.00 116.72 I VRAND TOTAL 1,792 $58,792.40 4,012.11 C � . R M ...n. t, 1,10i7 J AlLNZE Total Progress to Date Percent Complete Cost 90 40 50 0 30 IS 40 10 15 15 15 0 20 100 0 100 25 �n sill ilR IIIIIIIIIIII Iii ��. i 3,074.6( 1,257.1' 445.2, 0.0' 2,422.2- 0.0( ,422.20.0c 7,199.3, . i 1,021.1 ' l 474.8 1 i 118.7 1,614.7 0.0 ! 481.0 768.5 ; 609.1 1, 858.6 i i 0.0. ' 1,475.0 233.0 ! i 0.0 j t 3,728.4 5S3.E 6,0»0.0 16,692.7 a I KENAI AIRPORT MASTER PLAN �• `r-� A/!Y, PA 1�-n J PROGRESS REPORT a2 The Richardson Associates 1 ' Work performed by TRA during the month of April on the Kenai Airport Master Plan con- sisted primarily of investigating and researching available reports and data for the environ- mental study portion of the master plan. Additional information that would be needed to complete the environmental study was noted. The additional data needed would then be gathered on the next trip to Kenai. It was also determined that TRA would hire a consult- ant to do the noise analysis for the environmental study. Initial contact was made with Parry Noise Consulting to discuss the work scope. All work for the month of April was done at TRA's office in Seattle. The second trip to Kenai is planned and scheduled for May 12. Jeff Benesi will spend approximately one week in Kenai and Anchorage gathering additional information for the environmental study. Ritch Secor from TAP, Inc., will also be in Kenai at this time. During the visit an Airport Advisory Committee meeting will be held — the date to be confirmed — at which time a progress report will be given and additional input from the r committee will be gathered. .i ; N 1 I •�.—_moi-n�—.-sz.r �_�T _...�... _ `i.^---��_� KENAI AIRPORT MASTER PLAN i PROGRESS REPORT #2 T.A.P., Inc. April 1-30, 1977 i,./t./! During the month of April, progress was made in the Airport Requirements, Airport Plans and Financial Plan phases of the master plan study. The majority of the work centered in the general aviation forecasting, airport revenue and terminal feasibility elements. The general aviation portion of the forecasting is now over 50 percent complete. This includes analysis of based aircraft, operations by all categories of aircraft, and general aviation enplanements. Of 25 questionnaires sent to potential executive aircraft users, 17 have been returned. The remainder of the general aviation forecasting and the majority of the air carrier forecasting is expected to be r, completed during May. This work will follow the forecasting trip to Kenai during the weeks of May 9th and 16th. Ritch Secor will be in Kenai for approximately one week during this two-week period securing input and data from AAI and other airport users. Preliminary recommendations regarding terminal leases will also be discussed with city officials during this trip. Mr. Secor will also be present, along with a representative from TRA, at a progress and input meeting with city officials and the airport advisory committee, tenatively planned for May 12. As of May 1, T.A.P.'s portion of the plan is estimated to be 28 percent complete, and is progressing as scheduled. -- �payUl7l lli \, .'. !1 1111 Llli�. II I II I I. Ili 0 I - I LHASE ON AIRPORT LANDS OR FACILITIES f ' THIS AGREI:AIE%ll*. entered into this day of 10 , by and between the CITY nF Kl,'\Al, n homy -rule municipal corporation Of Alaska, hereinafter called "City", and AVIS RENT -A -CAR hereinafter t1Hlied "Lesget." That the City, in consideration of tine p•i•vments of the rents and the performance of all the coven+tnt-i herein contaille(l by the Lessee, does hereby demise and loahe to the Lecs:,:e the following hisorlherl proporty ir. 0 Kenai Recording District, State of .Xlaxka; to wit: Counter Space 128 (60 sq. feet) and cargo space (18 sq. feet), first floor, Terminal Building, Kenai Municipal Airport, as described in that certain deed from the United States of America to the City of Kenai filed in Book 27, Page 303, Kenai Recording District Term: The term of this Lease is for one years, commencing on the 1st day of July , 1977 , to the, 30th day of June -1978 , at the annual rental of�62.48 Payment: Subject to the terms of General Covenant No. 10 of this Lease, the rental specified heroin shall be payable as follows: (a) Right of entry and occupancy is authorized as of the 1 st day of July 19 77 , and the first rent shall be computed from such date until June 30, 1978 , ax2t"xatmwftxxxxxxxxxxxxxptiemtdaytmxxxxxx dttyMxggtt X*xxxxxxxxxM5W74 . (b) Annual rent for the fiscal year beginning July 1 and en.itiut June 30 shall be payable in advance, on or before the first day of July of each year. (c) Rental for any period which is less than one (1) year shat[ be prorated, based on the rate of the lest full year. (d) The rent specified herein is calculated as follows: 60 square feet at $•90 per square footQcr lyponth or $ 045 •uu per year. ana iu square feet at S .5 per ua a foo th, or $114,48 per year. =ndxmaxxaaCt xAx Mn to the rents specified above, subject to general Covenant No. 10, the Lessee agrees to pay to the City fees as hereinafter provided: (a) Assessments for public improvements now benefiting property in the amount of $ N/A , i (b) Applicable taxes to leasehold interest or other aspects. (e) Sales Tax now enforced or levied in the future. (d) Lessee agrees to pay all assessments levied in the future by the City of Kenai, as if Lessee were considered legal owner of record of leased property. (e) Interest at the onto of eight percent (814) per annum and bon pperoont (10%) penalties on any amount of money owed under this Lease which 1s not paid on or before the date it becomes due. (h AlitlpYdfrf7E•JhiiXji{s)tXlIXdltlili�ibX#�$iii�f�iiS#t#ib1�i (g) Additional charges as set forth in Schedule B, attached Page One, LEASE Revision 4/29/76 N F� i �I 1 - ---- - - -__ ------------- 111e11 nn.uniu 41 i u iii i 1 i i I 1 The purpose for which this Lease is issued is: Car Rental Space, Counter Space and Tire Storage Space OPME.RAL C(1Vh:NAATS { 1. uses: Except as provided horein, any reguinr usr of landq or facilities without the written consent of the Pity is prohibited. This prohibition shall not apply to use of aren9 designated by th., VIM for soecified public uses. such as passenger terminals, nutomobile n:wkinv area:. and streets. j 2. uses vat rontomnlntr•1 P••ohibited: entie{lntion of donation - or the promotion or operation of any pint nr kind of husinees at• commercial enterprise, other than as specifically set forth hereir, upon. in or above - airport lands, without the written consent of the ('fly is prohibited. 3. Impoundina of Prnnarty: Any or all nersonal or real property �+ placed or used upon lands or in facilities in violation of ornhibitions may be i removed and/or impounded by the City, and when so removed and/or i; impounded, such property may be redeemed by the owner thereof only upon I( the payment to the City of the costs of removal Plus storege charres e% .11.011 i' per day, or $5.00 per day in the case of each buildine or each aircraft in ' excess of 0.000 pounds gross weight. or in the case of any ether kind of property, an amount not to exceed $5.00 per day. or in accordance with such higher fees as may be incorporated into regulations of City's Airport. 4. Commitment for Rent and Non -Assignment: Lessee agrees to pay the annual rental and fees specified and not to assign this Leases or �I any part, nor let, nor sublet, either by grant or implication, the whole or ?' any part of the premises without written consent of the City, which consent ' shall be obtained pursuant to the following procedure: - e Submittal to and approval pproval of, proposal leaaa transfer by the Kenai Planning Commission. ' (b) After approval by the venal dlnnninp commission, final ( ! approval of transfer by the City rnuneil . Any assignment in violation of this nroviaion shall be void, And F shall be grounds for cancellation of this Lesse by the Pity. ' 5. Treatment of Demise: The Lessee norees to kaep the premises clean and in good order at its own expense, suffering no atrin or waste thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease. the Lessee will peaceably and quietly quit and surrender the premises to the City. i S. Payment of Rent: Checks, bank drafts or postal money orders shall be made payable to the City of Kenai, and delivered to the City _ Administration Building, Kenai, Alaska. 7. Construction Approval and Standards: Building construction shall be neat and presentable and compatible with its use and surroundings. i Prior to placing of fill material and/or construction of buildings on a leased area. the Lessee shall submit a plan of proposed development of property to the City Planning Commission which shall be approved in writing for all permanent improvements. r i inftials: Lessee :• J' Lessor: Pago Two, LBASt{ Revision 4/29/78 li R F LRSSF �X STATE OF ALASKA sa. l THIRD JUDICIAL DISTRICTS On this - Z(ay of L�(� , 197'7. before me ' personally appeared ( ,known to be the persor. who executed the above Udsc end ackn?,wledeect that he (she) had thn authority to sign the same, for the purposes state! therein. A8 PC L C FOR kL.%S1rA My Commission Expires: ACKNOWLEDGMENT FOR PVSAAND AND IrIFF �1 STATE OF ALASKA ) ' ea. f THHiD JUDICIAL DISTRICT ) 3' Before me, the undersigned. a Notary Public In and for the State i of Alaska. on this day personally appeared and husband and wife. both known to be the r, persons whose names are subsoribed to the foregoing Lease. and acknowledged to me that they executed the same as their free and voluntary act and deed. and for the purposes and considerations therein expressed. (LIVEN UNDER MY HAND AND SEAL OF OFFICE. this day Of '19 1 i {{i I) Page Nino, LEASF ii NOTARY PUBLIC FOR ALASKA My Commission Pxpires: RevlOon 4/29/76 f i RCIIEpI11.E B Lease dated day of .19 , between the CITY OF KENAI. a home -rule municipal corlior:dinn of Alaska. hereinafter called "CITY" and AVIS RENT -A -CAR .I.ESSEI:. 7 1. In addition to the rents specified on the per square foot basis. L1:SSEE agrees to pay to the CITY an additional charge for the privilege of conducting businesses herein authorized computed by the folim-Ang prrrrntaren of I.ESSrE's gross receipts, payable on a monthly basis. 1Y►xtimxaalaltx�t►tdrp�adcYiS�tjllif>�th6Ccgcl{nR,C�}c rates as follows: (a) let year 101 of Time and Mileage Charges _ �37c'A7t '9►' INITIALS D xtili [/fJ_ A m*c= Lessee xial6W# Lessor (b) Thirteen percent 03%) of gross receipts from sales of personal accident Insurance. (e) The term "Rent-A-Car Business" as used in this agreement, shall mean the business of renting passenger cars and trucks for periods of time not in excess of sixty (00) days. Each rental transaction shall be by a separate agreement, and any extension of use by the rentor of the period of time originally eomtraeted for shall be considered a separate rentrl transaction. The contractor shall furnish to the Airport Manager, for auditing purposes, the block of contract numbers that will be used for car rental agreements covering business originating at the Kenai Municipal Airport, and shall further advise the Airport Managor when additional contract numbers are assigned for the Airport operations. (cross revenue of the rent -a -car business shall be the total amount of the time and mileage charges on ear rental transactions. Gross revenue from the sale of air travel insurance shall not include bona fide refunds made for cancelled policies. All payments shall be made n+nnthly within ton days after the end of each months and shall be accomplished by a separate certified slntement showing gross receipts from each of the businesseE herein authorized for the month for which payments aro made. It any such certltled statements are found to be incorrect statements of,gross revenue for the month involved. any additional amount determined i to.be duo the CITY shall be immediately paid to the CITY by the contractor and any amount of overpayment by the Contractor shall be credited against the next monthly f payment duo the CITY under this agreement. 8. The purposes for this lease are as follows: i L The right to conduct a business on and from the Airport. j2. The right to conduct the business of making arrangements for hunting j and fishing trips, for air taxi services, for charter flights; for rent -a -plane services, for motel and hotel reservations, and for long distance telephone and I telegraph sorvices. V ' I r i S. To occupy nounter apnce in on are+i and in n :;iso dosiiroated by the Airport Manager, ;such Qiiu#iter t+i h+. r•,natructed by the Coliti•antor with sire and de-s,ilrn to be approved by the Ah -port hinnnlger. Such space, O all not be used for ally e'lirr r purpose except ; to,sunnl to it rwitarate silo,mimit•nt for authorization from the CITY, i 9. The rii*.itt to use pr t•lcinrr epnce for one vehicle, as a drop at n convenient point near the Terminal tluildirur as desipniited by the Ali -port Manager. with splice designated in other parking arean for not more titan TEN (10) vehicles. lNrfIALS: Leasco Lessor ' Pogo 2 of 2 is • ATTA(:I1DiFNT ("Title Vt. Assurances") s , Attaehmcnt to cantract, dated day of , 19 . between t the City of Kenal, her-inafter called "CITY". and AVIS RFNT-A-CAR sometimes hereinafter called "Lessee". � The (grantec., licensae, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns. as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or t for another purpose involving the provisions of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate ` such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations. Department of Transportation. Subtitle A, Office of the Scet'etary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation --Fffectuation of Title V1 of the Civil Rights Act of 1964, and as said regulations may be amended. (it this attached to license, lease, or permit. then): That in the event of breach of any of the above nondiscrimination covenants, City of Kenai shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and facilities thereon, and hold the same as if said (licensee, lease, permit. etc.) had never been made or issued. (if this attached to deed then): . That In the event of breach of any of the above nondiscrimination convenants. City of Kenai siutil have the right to re -anter said lands and faeilitias thereon. and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of City of Kenai and its assigns. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns. as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a conversant running with the land") and (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that In the construction of any improvements on, over. or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. (3) that the (grantee, licensee. lasses, permiteo, etc.) shall use t the promises in compliance with all other requirements imposed by or pursuant i to Title 49, Code of Federal Regulations. Department of Transportation, Subtitle A, Office of the Secretary. Part 21, Nondiscrimination in Federally assisted programs j; of the Department of Transportation—Effectuation of Title Vl of the Civil Rights Act j of 1984, and as said regulations may be amended. l � That in the event of breast of any of the above nondiscrimination eavenants. City of Kenai shall have the right to terminate the Giconse, lease, permit, etc.) and to re -anter and repossess said land and the facilities thereon, and hold the same as if said (tioonso, lease, permit, ate.) had never been made or issued. { That in the event of breach of any of the above nondiscrimination covenants, City i. of Kenai shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vast in and become the absolute property of City of Kenai and its assigns. f INITIALS. Lea am i; Lessor ' 1 f ti k - a . .. _..._._.... INTERSTATE COMPANY/ INC. General Contractors l[LE I(_f2 OF UG°dQ[ti1MO UbA P.O. Box 4.1438 Anchorage, Alaska 99509 -Oe NO r Phone 2762212 r -- - - - _ Jens-13,_�__ _792— ATTIh T.Oh fit TO CITY OF KENAI U �/ Imorovements to Kenai Water Supply P.O. Box 580 t/ J 6 Distribution System.-.___ EDA #07-01-01684 A Kenai, Alaska 99611 GENTLEMEN: WE ARE SENDING YOU C$ Attached ❑ Under separate cover via ❑ Shop drawings O Prints ❑ Plans ❑ Samples ❑ Copy of letter ❑ Change order 11 COPIES DATE NO. DESCRIPTION 6 Payment Estimate #8 the following items: ❑ Specifications a 1 THESE ARE TRANSMITTED as checked below: ` 76t For approval ❑ Approved as submitted ❑ Resubmit copies for approval 0 For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints O For review and comment ❑ ❑ FOR BIDS DUF 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS I E I COPY TO I� SIGNED: �4 i! It enclosures are riot as noted. kindly notify us of once. W. C. Watterson 1 e f -n 1` a ra T- - �-- - as TOTALS 13.461 00 3. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE la) (higlnal conti-I amount (Cul. ) • Irony of fools toren, 675.000.OQ__ (b) Plus: A.Mminc+ scheJulcd N..olvinn I Ab -v 13,461.00_ (c) Lcss: DeJuyt'.1. schedule) it, c "Imus b Abil't• -a- EJ) 1. 1-fe'l ..•11-1.1. ..-Lenin to 1.1,68. 8.461.00 4. ANALYSIS OF WORK PERFORMED �{{ (A) (*act ,4 wigu1A cunlract sort jeci-i c I to JAcv (Cad. 7 • front of this turn,) �478.650.00- (b) I:atra work 1wrtormeJ to JAce .c..I. d oboe. -0- W Total east of uotk pertained 1. date�l7 778.650.00_ (J) Lvbst Amount iclanlv.l in accorJance u ith connAct terms (Snow bora percent and dollar amounl)tL': 1IZ786S.00 (o) Net amount carneJ on contract +fork to Jail; 430.785.00 (1) Adds Materials located at c lose of thin period (Attach dutalled erhedula) 14.945.00 (g) Subtotal of 10) And (0 445.730.00 (hl Loess Amount of previous payments , 432,E 130.00 (I) PALANCE DUE 1111.1 PAYMI.sT 13.500.00 S. CERTIFICATION OF CONTRACTOR According to the brat of my knowled,:v And belief, I cc -icily that all items and Amount* shown on the face of this Periodic F..tin"le for Partial Paymrm are Cwge: r, Ohio All w,ek has been pariormeJ and 'm material ,uppliyJ u, lull aceugdnnc, with the ruquirements of the referenced contract, and 'or July AurhoritaJ deviations, substitutilms, alt•wtfuns, and or additions, that the fotesomit is a true and eanert statement of the contract account up to and including the last Jay of the periaJ covered by this periodic Estimate; that no part of the "Nalancr Due'1'him Payment" has been received, and that the undersigned and his subcontractors hsve•(Choca nppNlably #him) A. Lfj Complied with Al tilt• labor provisions of said contract. b. [ Complied with All the labor provisions of maid euneraet except in those instances where an honest dispute exists with To• speet to said labor ptua•is ions. (if (b) is ehecesd, describe etfrfly nature of dlepule.) INTERSTATE COMPANY. INC. By C I (Canuvelon (llxnslter or Amhwlsod Rvpnsonuttvs) June 13. , 1977. Title NO G VaStterann7Projort Manahan. 6. CERTIFICATION OF ARCHITECT OR ENOINEER I canify that 1 have checked and vritic,l thv above and lorepoing Pcrlod iy Estimate lug Partial Payment; that to the best of my knowle,la and belief it is a true' anJ correct statement of work penm olvJ and%or matvrial .applied by the contractor: that all Wolk andror material imludeJ DI this ParlvJic k+lim.nv has M 1 To mspa•ctv,l by ma and or by my July authu ized representative or assistants and that it If.. brvn performed And '1v supplied trh lull Accordance With requilements til the reference Contract; and IhAt partialplyment claimed and ivquvstvJ by the contractor is correctly computed on the bads of work performed and/or mate - tial suppliaJ to date. Signed (Arobltact or eryWvr) Dal,, 1. PREPAYMENT CERTIFICATION BY FIELD ENGINEER Ch -h ryes of Payment av11111ad1 hAV. VII-laJ fill,-tiahate .):.,7-1,11 the cuntr•latv', Srlsvluh• of Almmnlm (w Calftacr payments, the nines anJ report+ of my ms cetou+ til Ibv pr"Iect. .mJ th, 1-1.01a Ie Ntrn, suborns .l by Ihr archnecn cnnmva•r. It is my opinion that the statement of war ppvelormej .1'd or mage Oak wppha J h.. aa: uraly, that the contractor 1s observmV the requitements of the contract, and That 111. contractor shuulj M• pA,J the Amuuan gequrst•J shave. &-M.4that all w,.rk .mJ or mat 1, umb r Uhf I clnleract has eery Hhsl+.•ct•J by me and than it has been peclurmvJ asJ.'or sup• plied in lull as uh.c wnL l,c rcquuc tr .d the eamnle11. 4 ,-,)Z AlE /977 (Vwld Y1Nmvv+) r (Dale) Approved EC•y,lrarling UIIIrr,l (Dole) FORM HG I lx IRCV 10.fA1 VeQOMM•OC S9171 -PTO - '-7 ?. SCHEDULE OF CONTRACT CHANGE ORDERS '^ Apurt1DN•. to onu,niAE --- Lr.l , a. 1) a b.11h/ . Baa. l . .—I to I.— i lu+ —I." •1 ... u d as n.ok CON THAI f PNICk UL' UU1 11-1145 I..1, 1r. H A. u" iin 1.1 H .• u...1. ,u. 1, ., , 111„M contNA, I "NICE C ON IIIACI COST Oi CHANGE AS SHORN CHA0161,UNDI'H TOT Al • 457 Of OHUEIr IlF.MS ON CHAN,.E PF SCNInf 1Oy Iii NAln)IDnH COMr•l k'Ti0 ONDERS No. "Air CHANGE OHpCTO DATE 171 1.1 ,•1 fah lel NI , 1. 11/4/7,6 Revise Alarm System 13,461 00 TOTALS 13.461 00 3. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE la) (higlnal conti-I amount (Cul. ) • Irony of fools toren, 675.000.OQ__ (b) Plus: A.Mminc+ scheJulcd N..olvinn I Ab -v 13,461.00_ (c) Lcss: DeJuyt'.1. schedule) it, c "Imus b Abil't• -a- EJ) 1. 1-fe'l ..•11-1.1. ..-Lenin to 1.1,68. 8.461.00 4. ANALYSIS OF WORK PERFORMED �{{ (A) (*act ,4 wigu1A cunlract sort jeci-i c I to JAcv (Cad. 7 • front of this turn,) �478.650.00- (b) I:atra work 1wrtormeJ to JAce .c..I. d oboe. -0- W Total east of uotk pertained 1. date�l7 778.650.00_ (J) Lvbst Amount iclanlv.l in accorJance u ith connAct terms (Snow bora percent and dollar amounl)tL': 1IZ786S.00 (o) Net amount carneJ on contract +fork to Jail; 430.785.00 (1) Adds Materials located at c lose of thin period (Attach dutalled erhedula) 14.945.00 (g) Subtotal of 10) And (0 445.730.00 (hl Loess Amount of previous payments , 432,E 130.00 (I) PALANCE DUE 1111.1 PAYMI.sT 13.500.00 S. CERTIFICATION OF CONTRACTOR According to the brat of my knowled,:v And belief, I cc -icily that all items and Amount* shown on the face of this Periodic F..tin"le for Partial Paymrm are Cwge: r, Ohio All w,ek has been pariormeJ and 'm material ,uppliyJ u, lull aceugdnnc, with the ruquirements of the referenced contract, and 'or July AurhoritaJ deviations, substitutilms, alt•wtfuns, and or additions, that the fotesomit is a true and eanert statement of the contract account up to and including the last Jay of the periaJ covered by this periodic Estimate; that no part of the "Nalancr Due'1'him Payment" has been received, and that the undersigned and his subcontractors hsve•(Choca nppNlably #him) A. Lfj Complied with Al tilt• labor provisions of said contract. b. [ Complied with All the labor provisions of maid euneraet except in those instances where an honest dispute exists with To• speet to said labor ptua•is ions. (if (b) is ehecesd, describe etfrfly nature of dlepule.) INTERSTATE COMPANY. INC. By C I (Canuvelon (llxnslter or Amhwlsod Rvpnsonuttvs) June 13. , 1977. Title NO G VaStterann7Projort Manahan. 6. CERTIFICATION OF ARCHITECT OR ENOINEER I canify that 1 have checked and vritic,l thv above and lorepoing Pcrlod iy Estimate lug Partial Payment; that to the best of my knowle,la and belief it is a true' anJ correct statement of work penm olvJ and%or matvrial .applied by the contractor: that all Wolk andror material imludeJ DI this ParlvJic k+lim.nv has M 1 To mspa•ctv,l by ma and or by my July authu ized representative or assistants and that it If.. brvn performed And '1v supplied trh lull Accordance With requilements til the reference Contract; and IhAt partialplyment claimed and ivquvstvJ by the contractor is correctly computed on the bads of work performed and/or mate - tial suppliaJ to date. Signed (Arobltact or eryWvr) Dal,, 1. PREPAYMENT CERTIFICATION BY FIELD ENGINEER Ch -h ryes of Payment av11111ad1 hAV. VII-laJ fill,-tiahate .):.,7-1,11 the cuntr•latv', Srlsvluh• of Almmnlm (w Calftacr payments, the nines anJ report+ of my ms cetou+ til Ibv pr"Iect. .mJ th, 1-1.01a Ie Ntrn, suborns .l by Ihr archnecn cnnmva•r. It is my opinion that the statement of war ppvelormej .1'd or mage Oak wppha J h.. aa: uraly, that the contractor 1s observmV the requitements of the contract, and That 111. contractor shuulj M• pA,J the Amuuan gequrst•J shave. &-M.4that all w,.rk .mJ or mat 1, umb r Uhf I clnleract has eery Hhsl+.•ct•J by me and than it has been peclurmvJ asJ.'or sup• plied in lull as uh.c wnL l,c rcquuc tr .d the eamnle11. 4 ,-,)Z AlE /977 (Vwld Y1Nmvv+) r (Dale) Approved EC•y,lrarling UIIIrr,l (Dole) FORM HG I lx IRCV 10.fA1 VeQOMM•OC S9171 -PTO - '-7 i 11UII llo, IC -N71 H, Appw.at Henn )uu. fU, 1 tow. FO -112 U.S n1 I•ANIMI NT uF rOMUENLt 11N1)ll CT No. IRI Y 00.1.1 I.0 GIIOMIC IN VI. UI'NI..1 AI.w.NN.INAI N,r, EDA 007-01-01684 A -----_�_-�_- PERIODIC ESTIMATE FOR PARTIAL PAYMENT CGI/NACT NO. MAUL AND LOCATIUN Of YRUJLCT Contract A of City of Kenai Improvements to Water Supply and Distribution System - 1.976 NAME AMD ADDRESS OF CONTRACTOR ._ 1NTBRSTATE COMPANY, INC., P.O. Box 4-1438, Anchorage, Alaska 99509 PERIODIC ESTIMATE NO. ___ 8 FOR PERIOD qm 61 1977 , TO 'lune 6 _10 17. 1. COST OF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT ONLY Entries must be limited to work .Ind costs under the original contract only. (Work and cost data under change urJers is to be shown in Part 2 of this form.) Columna (1) through (S). Filter data shown in columns 1, 2, 3, N inJ 9, respectively, on Form EV -11I prepared by Contractor. Columns (6) and (7). Show all work completed to date under original Contract. Column (8). Enter the difference between entries in columns (5) and (7). Column (9). Show percent ratio of column (7) to column OL CONTRACT COMPLETEO TO DATE COST OF ITEM DESCRIPTION OF ITEM ND. UNCOMPLETED , COMP OUANt. COST PCH UNIT TOTAL COST UNIT OUANT, IO.A. COST WORK 10 121 1. Clearing ISI 1 111 LS ISI 11,000.00 IFI 100 III 11,000 NI -0- Iii 100 2. Excavation 1 LS 20,000.00 100 20,000 -0- 100 3. Backfill 1 LS 25,000.00 100 25,000 -0- 100 4. Gravel 1 LS 20,000.00 -0- -0- 20,000 -0- 5. Culverts 50 LF 3,000.00 -0- -0- 3,000 -0- 6. Concrete 50 CY 35,000.00 50 35,000 -0- 100 7. Footing Insulation 1 LS 3,000.00 100 3,000 -0- 100 8. Clean and Paint Tank 1 LS 10,000.00 100 10,000 -0- 100 9. Tank relocate 1 LS 25,000.00 100 25,000 -0- 100 30. Well house relocate 1 LS 45,000.00 100 45,000 -0- 100 11. Remove 6 install 111x161' Exp. Pl. 1 LS 5,000.00 100 5,000 100 12. Insulate tank ceiling 1 LS 7,000.00 -0- -0- 7,000 -0- 13. Furnish 6 install leanto 1 LS 12,000.00 -0- -0- 12,000 -0- 14. 2" Spray insulation 1 LS 7,000.00 -0- -0- 7,000 -0- 15. Paint 1 LS 8,000.00 75 6,000 2,000 75 16. Guard Poets 1 LS 3,000.00 -0- -0- 3,000 -0- 17. Modify Well No. 1 a. Ditch lining 1 LS, 4,000.00 -0- -0- 4,000 -0- b. Const. weir box 1 LS 6,500.00 -0- -0- 6,500 -0- c. TV inspection 1 LS 3,000.00 -0- -0- 3,000 -0- d. 48 -hr. Air develop 1 LS 8,000.00 -0- -0- 8,000 -0- e. 24 -hr. Test pump 1 LS 4,000.00 -0- -0- 4,000 -0- f. 24 -hr. Test run 1 LS 15,000.00 -0- -0- 13,000 -0- g. Coating tank 1 LS 1,000.00 -0- -0- 1,000 -0- h. Paint tank 1 LS 2,000.00 -0- -0- 2,000 -0- i. Disinfect pipe 6 tank 1 LS 1,000.00 -0- -0- 1,000 -0- 18. Now Well No. 2 a. Rem. pipe old wells 1 and 2 2 Ea 5.000.00 100 5,000 -0- 100 b. Drill 6 case 100' w/1611 pipe 100 LF 30.000.00 100 30,000 -0- 100 e. Grout 16" pipe 1 LS 6.000.00 100 6,000 -0- 100 d. 12" pipe to 100' 100 LF 20.000.00 100 20,000 -0- 100 e. 12" pipe 1001 to 1501 50 LF 10.000.00 100 10,000 -0- 100 f. Install screen 1 LS 6,000.00 100 6,000 -0- 100 S. 72 -hr. develop 1 LS 15.000.00 100 15,000 -0- 100 h. 48 -hr. test tun 1 LS 12.000.00 -0- -0- 12,000 -0- 19. Mechanical a. Dismantle tank 1 LS 25,000.00 300 25.000 -0- 100 b. Chlorination system 1 LS 14.000.00 30 4.200 9,600 30 C. Pump system 1 LS 127.000.00 85 107,950 19.050 85 d. Heating 1 LS 30.000.00 60 16,000 12,000 60 e. Drainage 1 LS 10.000.00 90 9,000 1,000 90 20. Electrical e. Fixtures 6 lamps I LS 3.000.00 30 900 2.100 30 b. Conduit 6 wire 1 LS 7.000.00 20 i 1,400 5,600 20 TOTAL OF COST COLUMNS u7COMM.DC 77171.0,77 It 19 TOTAL OF COST COLUMNS 675.000.0n 178,650.00 196350.00 712 USOOMM•OC SSITI.Pl. l I (IU16 N.. 41.11:111. Appl•.T.I I ,pll.. I... 40, Y176 FORM ED 112 u.l 111 "t•'t MI 11 T or t LMul Pr 1 PNOrl C T NO IHrY. W-... LcoroNl[t.I YI .UI'Gl r.l AI.uN11>IRAll1.,, ` BDA 007-01-01684-A — - PERIODIC ESTIMATE FOR PARTIAL PAYMENT CdIiNACT NO NAME AND LOCATION or PROTECT Contract of City of renal ImprovemDi untu to Wator Supply and stribution System - fAue ;;A—ug19.76"_ ANO ADOHESS Or CONTRACTOR ,_ t INTERSt.`T6 COMPANY, INC., P.O. Box 4-1438. Anchorage, Alaska 99509 PERIODIC ESTIMATE NO..__ 8 _— FOR PERIOD _tf;i -_6 Is n . To _ June 6 __ ID •Zj. 1. COST OF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT ONLY Entries most ho limited to work and cost% under the original contract only. > (work and cost Jaw under change orders is to be shown in Part 2 of this form.) Columns (1) through (S). Fater data shown in columns 1, 2, 3, a and 9, respectively, on Form ED -111 prepared by Contractor. Columns (6) and (7). show all work completed to date under original contract. Column (8). Facer the difference between entries in columns (S) old (7). Column (9). Show percent ratio of column V) in column (5). CONTRACT COMPLETED TO DATE COST OF ,TEN otsCRIPTION OF ITEM NO. UNCOMPLETED CONF' OYANT. Coll PER TOTAL COST QVANT. TOTAL COST uNIT UNIT IIORK p, Irl OI 141 ISI NI 111 101 ISr 1 20. Electrical (Cont'd) C. Boxes 6 fittings 1 LS 4,000.00 30 1,200 2,800 30 d. Devices b plates 1 LS 2,000.00 -0- -0- 2,000 -0- a. Pastel 6 trans. 1 LS 10,000.00 80 8,000 2,000 80 f. Alarm system 1 LS 12,000.00 -0- -0•• 12,000 -0- f g. SwLtchgear b controls 1 LS 15,000.00 30 4,500 10,500 30 h. Demolition 1 LS 1,500.00 100 1,500 -0- 100 i 21. Signa 1 LS 3,000.00 -0- -0- 3;000 -0- 22. Overflow 1 LS 2,000.00 -O- -0- 2,000 -0- 23. Roof scuttle 1 LS 2,000.00 -0- -0- 2,000 -0- 24. Mobilization ' a. Bond fi Bldrs. risk 1 LS 10,000.00 100 10,000 -0- 100 b. Cen'1, contr. 1 LS 5,000.00 100 5,000 -0- 100 c. Well No. 2 1 IS 5.000.00 100 5,000 -0- 100 i L TOTAL OF COST COLUMNS 675.000.0n 178,650.00 196350.00 712 USOOMM•OC SSITI.Pl. l I P CITY MANAGER'S REPORT MEETING OF JUNE 15, 1977 1. Item 1 is a land sale, which is relatively short. It contains a limited number of properties that were not sold at the last land sale and two additions: one to clear out assessment foreclosure and the second is property which we cannot properly use and are making available at a reduced price to the Church of the New Covenant. 2. I would like to have the Mayor and City Council present the police trophy to representatives of the Kenai Police Department with the hope that we will receive a little better press coverage. 3. This is a public hearing on Ordinance 336-77-78, which is the classification and pay plan ordinance. In this ordinance there will'be amendments to the three Council employees: the Manager, the Attorney and the City Clerk. Councilman Whelan has asked that the implementation of the step proposal be amended. You will have that proposal before you at the meeting. I would point out that the method that I proposed to the Council provides for a phase-in of the anniversary dates which, admittedly, is an unequitable system but a system nonetheless. The proposal by Councilman Whelan will also be somewhat inequitable. I have no objection to the ., proposed amendment in that I know of no precisely equitable way to implement the new program that will satisfy the needs and desires of all employees. 4. There will be a hearing on the working dapital reserve ordinance. This was, of course, deleted from the combination working capital reserve and capital improvement ordinance at the last meeting. At the request of the Council, the level has been changed to a $400,000 working capital reserve. The Finance Director will report during the public hearing as to the availability of that amount to be properly locked into a working capital reserve. 5. Ordinance No. 343-77 - Setting Fees for Water and Sewer Inspections. This was amended from the Administrative proposal during the introduction. I believe we -have properly incorporated the language that the Council requested and I anticipate no further amendments. I do believe that there will be public input in that, ! of course, we are raising the cost of water and sewer installations to the respective property owner, whether it be an individual property owner or developer. The point of the ordinance, however, is to enable the water and sewer department to recover the costs that are _. created by the now tremendous amount of overtime. I would like to point out that in the event the ordinance is defeated or the scope of the fees are reduced, we will be in serious trouble simply because the water and sewer fund does not have the revenue to cover the type of overtime that has already been generated during the past month. WA --•rte__----r- -- -�� -t- _ � T -� _ '_.�-_ _ i �'� -� I City Manager's Report Meeting of June 15, 1977 �i Page 2 6. Public Hearing on the ordinance for use of the City Parks. Admittedly, we are going to ask that the City Police Department inspect the parks for violations. Inspection is currently being performed by the Police Department as a matter of routine policing. Therefore, I do not feel that the additional burden will be too 4 severe. 7. Sign Machine. This is an appropriation ordinance for the new : sign machine and we do not foresee any objection to the ordinance. 8. Library ordinance providing for additional revenue and approp- riations. 9. Persons Scheduled To Be Heard A. Kenai Fire Department. Within your packet is some data that I had developed relative to salaries of our Fire Department as of January 1st and July 1st and comparative salaries as of last year for the North Kenai Fire Department. I also have data from April and May on the actual manning of the fire station on a 24 hour basis. During my discussion with the Fire Department on Thursday morning, they agreed to withdraw their resignations and asked for an opportunity to present their greivances directly to ` the Council, which I agreed to and scheduled them under this item. I believe they will discuss with you the first two elements of their letter of resignation: pay and staffing. I asked that they present their third element directly to me inasmuch as it is my responsibility to supervise the leadership activities within the Fire Department. I believe that this resignation resulted, in part, from the resignation of Captain Ivanoff, which was submitted on June 6th. I was finally able to talk with Captain Ivanoff on Thursday, June 9th, and I believe that I understand his problems, one being his salary. It must be noted that last year he received no salary increase, neither the salary increase in June nor the additional salary increase in January. This was based upon the formula devised by the Council at the time of the adoption of the budget. This year he will receive the same salary increase percentage wise as all other City employees. I believe there is a feeling in ' his mind, as well as in the minds of the other members of the department, that there is presently a lack of parody within the public safety division of the City. I feel that the situation arose particularly over the non -consideration of Captain Ivanoff when the other changes were made within the public safety area. It is my opinion that the members of the Fire Department are more upset over Captain Ivanoff's situation than their own. Captain Ivanoff has withdrawn his resignation. 10. Correspondence We received a letter from Copper Valley protesting and asking for reconsideration of the award of the dock and abutting land lease to Salamatof Seafoods. i �t 1 i . ,r ' City Manager's Report Meeting of June 15, 1977 Page 3 We also received correspondence requesting additional street S lights. 4 12. Old Business a This item is Ordinance No. 341, which is the capital improvement fund, involving dedication of proceeds of land sales and special ' income. This was tabled at the last meeting, awaiting information from the State as to the passage of Senate Bill No. 37, which we have verified has passed both Houses of the Legislature but we have not yet been able to determine whether or not it has been signed by the Governor. If we have confirmation of the Governor's signature, I would recommend that it be considered by the Council appropriately at the meeting. If not, I would suggest that it be further deferred until we determine the status of the actual legislation. 13. ,This is an ordinance declaring an emergency to provide funding for repair and replacement of pumps at the lift stations. 14. This is an ordinance relative to the Title III Senior Citizens Program -budget. This is a reduced budget from what was initially proposed in making application for state and federal funding. Apparently the State has simply run out of money and is not able at this time to fund either Title III or Title VII programs as requested. This budget has been cut by the State and in turn we had to completely reevaluate the budget and make significant reductions. At this time, we have separated Title III and Title VII and they will stand independently. I must respond to the State prior to the meeting Wednesday night and will make a telephone poll Monday to determine whether or not the Council will accept the lower grant offer of some $26,500, which is several dollars less than what we requested. The budget will permit us, as presented, to operate the Council on li Aging Program, Title III, this next fiscal year. �S 15. This is an ordinance of two parts: (1) requesting special consideration to purchase directly and without competitive bid, items of used equipment from a single source; (2) to appropriate specific funds out of the revenue sharing account to enable the City to purchase a used grader offered for sale by N. C. Equipment. 16. A resolution providing a transfer from the 1977-78 budget to fully fund the recently agreed upon salary and appropriate benefits for the City Clerk. 17. A resolution providing for the coin-operated xerox machine in the library which will be an amendment to the 77-78 budget. There - - t are specific comments made as to the primary source for copies for the community, restricting them from the actual city administrative operation with the exception of copies requiring reduction and providing for the $.50 per copy fee. I City Manager's Report Meeting of June 15, 1977 Page 4 18. A resolution to reject bids on the Senior Citizens' Nutritional. Program. We have found that with restrictions on this program, as well as on Title III, we must sharply revamp the program and cannot use these bids. We are now pursuing the possibility of having the program catered by one of the major restaurants in the City. The program, even with the cut-back in funds, has been requested by the State to operate, as is, for the next three months, with the hope that there will be additional federal funding available in October. We will present a budget to you for the nutritional program as soon as we have data available. However, to clear the record, we need to reject these bids for the labor and providing of service at Fort Kenay for the program. 19. A resolution accepting an EPA Step One Grant award, which is 75% of the actual cost. We have received word of the award, but at this time have not received the official notification. I have been informed that in the event we do not get it today or tomorrow we can request a telegram which will give us the written confirmation. 20. A resolution for the State share of the Step One Grant program. This, in fact, was our first official notification that the State and/or Federal grant had been made. We need to accept this grant offer. 21. A resolution which will be blank in regard to the firm to be named, providing for the engineering consultant on the several projects the City has funded in roads, water and sewer, local service roads and trails, etc. Attached to this will be a spread sheet listing every project, the individual estimates as to the project, the City's estimates as to the project, and the individual rates for the firms. I hope that we can make a determination as to which firm is to be retained. 22. A resolution requesting transfer of certain funds within the Airport land fund which are available to professional services so we will have the ability to continue with appraisal and surveying in the Airport land area. 23. A resolution requesting transfer of monies to a special account to enable us to relocate the Citv offices from the south end of the terminal to the north end. 24. A resolution providing for transfers of parks and recreation monies in the current budget so that we can have the funds in the appropriate accounts and initiate a program for this year. Please note that there are a series of memorandums from dark Brown, whom I have retained as Director of Parks and Recreation for this season, "i regarding the needs of his programs in parks and recreation. 25. A resolution making administrative transfer of funds in the Council on Aging, which is the Title III Senior Citizens Program to balance our books. ..!.-LII! I. IY I.IY f City Manager's Report Meeting of June 15, 1977 Page 5 26. The lease proposal for the dock and abutting lands between the City and Salamatof Seafoods. 27. The lease of terminal space for Avis Rent -a -Car, which is actually a renewal for their existing lease. This lease is for one year and, therefore, must be approved by the Council each year. 28. A resolution approving the Volunteer Fire Department circus to be held June 27 and 28, and the Chamber of Commerce -sponsored Wally Bynam Travel Caravan on July 7 - 10, both requesting use of the FAA site on the Spur highway. 29. A payment to the Airport consultants. We made a payment at the last meeting, but did not process it properly as we expected. We actually lost it for one meeting and, therefore, this is not a double billing or redundancy. The second meeting of the month is the time we had agreed upon to process their bills. John E. Wise, City Manager JW/eh F. 'jI Ullaau=1111101Wu1 9(ena, eommunay Z&Tazy A PUBLIC LIBRARY IN BERVICa GINCB 1010 BOX 187 KENAI. ALASKA 99611 REPORT FOR THE MONTH OF 14AY 1977 Circulation Adult Juvenile Easy Books Fiction 894 330 652 Non -Fiction 880 73 85 Total book circulation for month 2914 Films, phonodiscs, pamphlets, periodicals 246 Total Circulation for month Additions Gifts 35 Purchases 71 Total additions for month Remedial and reworked books Interlibrary Loans Ordered Received Returned Books 28 25 22 Phonodiscs/AV 35 1 1 Interlibrary Loans by our Library Books 6 AV 5 Volunteers Number 37 Total hours 323 Income Fines and Sale Books $336.75 Lost or damaged books 3.00 Deposits on cards 300.00 Donations for books 2.00 Xerox 11.75 Total income for month 3160 l06 6 $653.50 Borrower's Cards issued May, 1977 i Kenai 65 North Kenai 7 Soldotna 12 Clem Gulch 1 Sterling 2 Kasilof 4 i Total Number of Cards issued 91 -'�- r ., t ., =� t June 9, 1977 -- r -- - -- - '- - - -N ,-- I-- -,r- ""- MEMORANDUM TO: John E. Wise, City Manager PROM: Mark Brown, Director of Parks and Recreation I would like to give you a written idea of what I have planned for this year's summer recreation program. I am currently in the process of negotiating a contract with the Borough School District for the use of Kenai Central High School for the summer recreation program. I hope all goes well, as the facility is ideal (i.e. two basketball courts, wrestlina mats, track, weight room, classrooms, etc.) Here are the goals of this summer's recreation program: 1. Serve the most pertinent recreational needs of the community. 2. Have fun. 3. Develop sportsmanship and communication skills. A. Acquire skills. 5. Improve the health and vitality of the participants ahvsicall•r. mentally and emotionally. L hone to initiate the following schedule at Kenai Central High School. 10:00 a.m. - 12 noon Ages 6 - 12 1:00 p.m. - 3 p.m. Ages 13 - 17 Eventually, we will expand the program to 4:00 p.m. to 7:00 p.m. for adult use of the .Facilities. The beginning of the program this year will be mostly an open gym atmosphere. If there is the demand by participants, we will divide them into teams for competition, with trophies and awards for the champions in different sports activities (i.e. softball, basketball, team handball, etc.) I F I also plan to have individual competitions with awards for championships (i.e. tennis, wrestling, weight liftinfl, track, etc.) The arts and crafts, hopefully, will also be a part of our daily program, including such things as weaving, macrame, painting, etc. I am also hoping that we can acquire access to movie cartoons as has been done in the past for the youngsters on a once a week showing. Parlor games and organized children's games will also be available to participants. Supervision will consist of at least two qualified, respon- sible individuals to be present at all times. I have already hired Mike Burgner, school teacher and basketball coach at Kenai Central High School, whom I am confident will do an excellent job. The equipment we will use this summer I hope to get on loan as has been done in the past between the City and the Borough School -District. If this can be done, it will be a great savings. If everything goes as planned, I plan on having at least five community clinics which will be as follows: 1. Oiler baseball clinic 2. Oiler football clinic 3. Mike Burgner on basketball 4. Mark Brown on wrestling 5. Mark Brown on weight -lifting other miscellaneous items included could be camping instruction, fishing instruction, hot dog roasts and free t -shirts for participants. Publicity for the program will be carried out by the following methods. 1. Newspaper advertising 2. Posters in community businesses 3. Radio advertising I know that all of these ideas I have formulated will not become a reality, while other new ideas will. My plan at the moment is to move with caution and expand the program when the opportunity presents itself. M IM 11 I` l /te ��-_`- -- -, � -+a •�'�4"OF`.— '- "- _— � f - � , „ ��.—.�_II111 ■ 11 1141111 ' 11{ I II I I r I would appreciate any of your ideas as to how this program might be improved. 1 Mark Brown Parks and Recreation Program MB/eh I k ll � z • I t , i f i 4 � . ■ 1 f , a t f I FA June 9, 1977 MEMORANDUP TO: John Ifise, City Manager FROM: Mark Brown, Director of Parks and Recreation I would like to fill you in on some of the things that need to be done in the parks this summer. I know I have missed many thinqs on this list so please rectify the situation by telling me what they are. Also, I would like direction on what my priorities should he. Kenai Municipal Park •1. Maintain restrooms 2. Repair restrooms 3. Pump restroons 4. Cut fallen trees for park firewood S. Repaint signs 6. Paint garbage drums 7. Erect garbage drum holders S. Finish construction on vle!w olatform 9. Repair holes in picnic shelter area 10. Barricade road to platform outlook, makinq it a foot trail 11. Erect cable at end of. road 19. Construct new fireplaces 13. Repair old fireplaces 14. Pick up garbage and refuse Birch park 1. Pick up garbage and refuse 2. Plant new grass 3. Level and landscape 4. Repair trails S. Maintain restrooms 6. Repaint swing sets 7. Repair teeter totter S. Paint signs 9. Dig and plant retaining posts to keen traffic off grass 10. Clear fallen trees 0 I Beach and Beach Road 1. Maintain restrooms 2. Pick up refuse P.A.A. Football Fields 1. Maintain restrooms 2. Build or rebuild bleachers 3. Paint ,goal posts 4. Now lawn S. Replant and fertilize grass 6. Water grass 7. Paint garbage drums S. Repaint signs 9. Erect garbage drum holders 10. Set up field scheduling 11. Pick up garbage and refuse Beaver Creek 1. Maintain restrooms 2. Pick up garbage and refuse 3. Repair trails 4. Erect swing sets 5. Build picnic tables 6. Paint garbage drums 7. Paint existing swing set S. Dig and plant retaining posts to keep traffic off grass •9. Plant grass Cunningham Park 1. Maintain restrooms 2. Pickup garbage and refuse 3. Build.pienic tables 4. Repaint signs S. Paint garbage drums 6. Erect garbage drum holders Kenai Municipal Ball Park 1. Maintain restrooms 2. Pick up garbage and refuse 3. Maintain the grounds (i.e. mow lawn, water, etc.) 4. Repair fence 5. Paint fence 6. Repair bleachers 7. Repair press box scaffold S. Post signs 9. Schedule field r f ;i 'I f Green Strip 1. Pick up garbage and refuse 2. Plant, moat and fertilize grass Mark Brown, Director Parks and Recreation Program MB/eh I