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HomeMy WebLinkAbout1977-07-06 Council Packet� _ ._� .. � -� — � -� — ---mss• "IEM 1011116 Lli COUNCIL PACKETS 1977 JULY I 1 1 II I� I i. U I W I � I S' i i. 1977 JULY Kenai City Council Meeting Packet July 6, 1977 • COUNCIL MEETING OF J B 77 • ] MORGAN �.� i y , I r ` WHELAN ACKERLY SWEET r • AMBARIAN GLICK f MORGAN i WHELAN ACKERLY SWEET • AMBARIAN GLICK COUNCIL MEETING OF juf.y � s " 4' tl L1 ,N 0 T • COUNCIL MEETING OF 11TTy A, 1477 - pia 9 MORGAN WHELAN ' L ACKERLY i 1 SWEET i 'AMBARIAN GLICK ELSON N r 1.. r r A14i •>•»�� .W ]7. ,1 II 11 .I I! -.I 1. 11 1 11:1 ' 1 1 i I f � 1 1 ' / � I i ` AGENDA t REGULAR MEETING . KENAI CITY COUNCIL JUI,Y 9. 1977 - 8:00 P.M. KENAI PUBLIC SAFETY BUILDING i PLEDGE OF ALLEGIANCE. A. ROLL CALL AGENDA APPROVAL i B. PUBLIC HEARINGS i 1. Ordinance No. 341-77 - Dedicating Proceeds of Land Sales 2. Ordinance No. 347-77 - Special Revenue Fund "Kenai Sr. Citizen Project" S. Ordinance No. 348-77 - Authorizing Purchase of Used Motorgrader 4. Abatement of Public Nuisances S. Application for new retail license - The Liquor Store 8. Transfer of Beverage dispensary License - '$arbor View. Inc. 7. C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Vesta Leigh - Gig Shop in Kenai 'Municipal Airport Terminal Building 2. Edward Garnett representing Arctic Avintion S. Mrs. Ruby Coyle - RF: water Problems 4. D. MINUTES ~ 1. Minutes of the regular meeting of June 15. 1977/June 18, 1977 2. Minutes of the special meeting of June 29, 1977 t E. CORRESPONDENCE 2. - F. OLD BUSINESS t 1. Ordinance No. 352-77 - Declaring public nuisgnces exist on certain parcels of real property within .the City of Kenai O. NEW BUSINESS ` t i 1. Bills to be paid - bills to be ratified 2. Ordinance No. 350-77 - special revenue fund "Kenai Volunteer Fire Department" 3. Ordinance No. 351-77 - Capitnl Project Fund "Kenai Sewerage Project" ; 4. Ratification of purchase of Sign Baking Machine 8. Redetermination Protest - Arctic Aviation on Illoek 3, Lot 1, GAA r1 8. Contract for Janitorial Services -Kenai >•+unicipel Airport Building 7. Lasso/Kenai Peninsula Community Care Center M 8. Lease/Glacier State Telephone Company 8. Special Use Permit - Glacier State Telephone Company r 10. Special Use Permit - Katmai Motel 11. Amendment to Lease - Katmai Motel t- 12. Lease/Kenai Air Service, Inc. 13. Special Use Permit - Kenai Air Service, inc. 14. Amendment to Lease - Teamsters Local 8950 - 16.- Special Use Permit - Andy's Flying Rervice ; 16 Amendment to Lease - Charles J. & Roberta J. Crabaugh 17. Appointment to Kenai Planning & Zoning Commission ' 18. Assignment of Lasso - Katmai Motel, inc. i ! H. REPORTS 1. City Manager's Report #20 2. City Attorney's Report S. Mayor's Report 4. City Clerk's Report S. Finance Director's Report 8. Planning & Zoning- Commission's Report 7. Kenai Peninsula Borough Assembly's Report I 1. PERSONS PRESENT NOT SCHEDULi±D TO BE HEARD e Il lG L I cul Adx+.—.�.as _ _ — -- — -- — KENAI CITY COUNCIL - REGULAR MEETING JULY 6, 1977 - 8:00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR JAMES A. ELSON PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Richard Morgan, Walter Sweet, Betty Glick and James Elson Absent: Tom Ackerly, Dan Whelan and Edward Ambarian AGENDA APPROVAL The following items were approved for addition to the agenda: B-6: Transfer of Beverage Dispensary License - Harbor View, Inc. C-3: Mrs. Ruby Coyle - regarding sand in personal water supply allegedly caused by City water project development 0-18: Assignment of Lease - Katmai Motel, Inc. B. PUBLIC HEARINGS i B-1: Ordinance 341-77 - Dedicating Proceeds of Land Sales Mayor Elson read Ordinance No. 341-77 by title. only. "An ordinance of the Council of the City of Kenai, Alaska establishing a special revenue fund entitled "Capital Improvement Fund" and dedicating proceeds of land sales to such fund." Mayor Elson opened the hearing to the public. There was no comment. MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for adoption of Ordinance 341-77, establishing a special revenue fund entitled "Capital Improve- ment Fund" and dedicating proceeds of land sales to such fund which shall be devoted exclusively to capital improvements with life expectancy of not less than 20 years. Motion passed unanimously by roll call vote. B-2: Ordinance 347-77 - Special Revenue Fund "Kenai Sr. Citizen Project" Mayor Elson read Ordinance No. 347-77 by title only as copies were available for the public. "An ordinance of the Council of the City of Kenai, Alaska establishing a special revenue fund entitled "Kenai Sr. Citizen Project" by increasing estimated revenues and appropriations in the amount of $35,600." Mayor Elson opened the hearing to the public. There was no comment. • _ -_- tlIDIIAR RIIII� .„. 1 I i .1. I ! KENAI CITY COUNCIL, REGULAR MEETING, JULY 8, 1977 Page 2 MOTION: Councilwoman Glick moved, seconded by Councilman Sweet, for adoption of Ordinance No. 347-77, establishing a special revenue fund entitled "Kenai Sr. Citizen Project' by increasing estimated revenues and appropriations in the amount of $35,800. Motion passed unanimously by roll call vote. B-3: Ordinance 348-77 - Authorizing Purchase of Used Motorgrader Mayor Elson read Ordinance No. 348-77 by title only. "An ordinance of the Council of the City of Kenai authorizing purchase of a used motorgrader and appropriating funds from Federal Revenue Sharing for such purchase". Mayor Elson opened the hearing to the public. There was no comment. MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, for adoption of Ordinance 348-77, authorizing purchase of a used motorgrader and appropriating t funds from Federal Revenue Sharing in the amount of $75,000 for such purchase. Mayor Elson advised that he had questioned that all bidding requirements had been met and was advised by Administration that only one source had been found to supply a used piece of equipment and therefore there was no need for Invitation to bid. RUESTION: Motion passed unanimously by roll call vote. B-4: Abatement of Public Nuisances Mr. Wise advised that Administration had received several complaints from various areas within the City wherein structures, materials or dangerous conditions existed and constituted a public nuisance. After investigation by Fire Department personnel, it was determined as to which parcels required immediate action. Owners of the property were advised of the public hearing and the matter was advertised in a newspaper of local circulation. Mayor Elson opened the hearing to the public. Mr. David Pree (Lot 4, Block 19 - Riverview Drive) -- Mr. Pree advised that he intended to build a permanent structure on his property and would like to maintain the existing structure for use as a tool shed. Mr. Pree further advised that he had removed the broken windows and is having the glass replaced. Mr. Pree requested Council consideration in deleting item #10 from the list of public nuisances and he would assure completion of repairs within ninety (90) days. MOTION: Councilman Sweet moved, seconded by Councilman Morgan, to delete 4 KENAI CITY COUNCIL, REGULAR MEETING, JULY 6. 1977 Page 3 item #10, Lot 4, Block 19, Riverview Drive, Parcel #047-103-0400 owned by David Pree of Anchorage, contingent upon receipt of a letter from Mr. Pree acknowledging that repair and clean up of his land would occur within ninety (90) days from this date. AMENDMENT: Councilman Morgan moved, seconded by Coucilman Sweet, to amend the motion to include that City Administration would report back to Council with a detailed report of status of Mr. Pree's repair project. Motion passed unanimously QUESTION - MAIN, AS AMENDED Motion passed unanimously Mr. Roger Meeks, representing the Kenai Historical Society (Item V. Lot 2, Block 5, Overland Avenue) -- Mr. Meeks stated that the Historical Society had been given permission by the owners to remove the existing structure from the property as the building had great historical value. Mr. Meeks further advised that the Historical Society had not removed the building as they did not have the financing, manpower, time, etc. that was required. Mr. Meeks requested Council consideration in deleting Item #7 from their list of public nuisances allowing additional time for removal of the structure. Mr. Edward Garnett (Lot 4, Block 4. Overland Avenue) -- Mr. Garnett advised Council that he had, on several occasions contracted to remove the structure on his property, however, no contractor had completed the job at this time. Mr. Garnett advised that he would give City the permission to burn the structure down. Mr. Will Jahrig (Items 16, 17 & 18 - Lots 16, 18 and 21, Block 5, Old Kenai Townsite) -- Mr. Jahrig advised that the storage items located on each of the lots belonged to he and his father and they were in the process of building storage bins in the basement of their building to house these items. Mr. Jahrig further advised that many of the items had been cleared away from the area. Councilman Morgan stated that these same parcels with storage items belonging to the Jahrigs had been before Council for the past 2-1/2 years and asked Mr. Jahrig why it had taken so long for clean up of the area. Mr. Jahrig reported that it took a great deal of money to complete the basement and he was hopeful that construction of the storage bins would not be so costly nor would construction take as long. MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, that the Jahrigs be given ninety (90) days in which to make the lots acceptable E KENAI CITY COUNCIL, REGULAR MEETING, JULY 6, 1977 Page 4 with regard -to the storage items on each parcel and at the end of the 90 day period, Administration report back to Council as to the status and at that time Council will further review the matter. MOTION: Councilman Morgan moved to amend the motion to sixty (60) days. Motion died for lack of second. QUESTION: Motion passed by roll call vote. Voting yes; Sweet, Glick and Elson. Voting no; Morgan MOTION: Councilman Sweet moved seconded by Councilwoman Glick, that the Historical Society be given ninety (90) days in which to remove the structure from Lot 2, Block 5, Overland Avenue, Parcel 047-071-0200. Motion passed unanimously. Mayor Elson directed the Clerk to read correspondence received in regard to the matter. Mrs. Vena A. Rowley (Lot 3, Block 5, Overland Avenue -Parcel 3047-071-0500) advised that the subject property had been sold to James A. and Josi Brown. City Administration advised that the Browns had been sent notification' of public nuisance 6-29-77. Mrs. Ben Grotecloss (Lot 2, Block 5, Overland Avenue Parcel #047-071-0200) telephoned on July 6th and advised that the Kenai Historical Society had asked for the building several years ago and advised that they were to remove the structure. Mrs. Grotecloss advised that H the Historical Society did not comply within the stated time, she would come to Kenai to attend to the matter. Mrs. Della Reese (Lot 20, Block 16, Parcel #047-092-1600) advised that Mr. Reese was out of the City and would return the first of August at which time he would take care of the problem existing on their property. Mrs. John T. Hurn, Jr. (Lot 21, Block 5, Parcel #047-071-2600) advised that her husband was the administrator of the estate of John T. Hurn, Sr. and they had investigated the alleged public nuisances on their property which were storage items belonging to W. Jahrig and Mr. Jahrig had advised that he would remove the items by the evening of July 6th. I r E KENAI CITY COUNCIL, REGULAR MEETING, JULY 6, 1977 Page 4 with regard -to the storage items on each parcel and at the end of the 90 day period, Administration report back to Council as to the status and at that time Council will further review the matter. MOTION: Councilman Morgan moved to amend the motion to sixty (60) days. Motion died for lack of second. QUESTION: Motion passed by roll call vote. Voting yes; Sweet, Glick and Elson. Voting no; Morgan MOTION: Councilman Sweet moved seconded by Councilwoman Glick, that the Historical Society be given ninety (90) days in which to remove the structure from Lot 2, Block 5, Overland Avenue, Parcel 047-071-0200. Motion passed unanimously. Mayor Elson directed the Clerk to read correspondence received in regard to the matter. Mrs. Vena A. Rowley (Lot 3, Block 5, Overland Avenue -Parcel 3047-071-0500) advised that the subject property had been sold to James A. and Josi Brown. City Administration advised that the Browns had been sent notification' of public nuisance 6-29-77. Mrs. Ben Grotecloss (Lot 2, Block 5, Overland Avenue Parcel #047-071-0200) telephoned on July 6th and advised that the Kenai Historical Society had asked for the building several years ago and advised that they were to remove the structure. Mrs. Grotecloss advised that H the Historical Society did not comply within the stated time, she would come to Kenai to attend to the matter. Mrs. Della Reese (Lot 20, Block 16, Parcel #047-092-1600) advised that Mr. Reese was out of the City and would return the first of August at which time he would take care of the problem existing on their property. Mrs. John T. Hurn, Jr. (Lot 21, Block 5, Parcel #047-071-2600) advised that her husband was the administrator of the estate of John T. Hurn, Sr. and they had investigated the alleged public nuisances on their property which were storage items belonging to W. Jahrig and Mr. Jahrig had advised that he would remove the items by the evening of July 6th. I R KENAI CITY COUNCIL, REGULAR MEETING, JULY 6, 1977 Page 5 There being no further public comment or correspondence, Mayor Elson returned the matter to the Council table action. With Council concurrence, Mayor Elson brought item F-1 before Council. F-1: Ordinance 352-77 - Declaring Public Nuisances Exist on Certain Parcels Mayor Elson read Ordinance No. 352-77 by title only. "An ordinance of the Council of the City of Kenai declaring that public nuisances exist on certain parcels of real property within the City of Kenai". MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, for introduction of Ordinance No. 352-77, declaring that public nuisances exist on certain parcels of real property within the City of Kenai and listing all items under Section 1 of the ordinance that were not exempted by Council in previous motions during the public hearing. Motion passed unanimously by roll call vote. B-5: Application for new retail license - The Liquor Store Administration advised that The Liquor Store had applied for a new retail license and the Alcoholic Beverage Control Board had written asking for the City's response as to whether or not they met zoning and population criteria. The Clerk reported that zoning criteria was met, however, according to Alaska Statutes, the City of Kenai had maximum retail licenses per population. The Clerk further advised that the matter of Oaken Keg #54 was still pending and no hearing date had been set. If Oaken Keg #54 license were to be denied, The Liquor Store application would then meet population requirements and be eligible for issuance of a new license. Mayor Elson opened the hearing to the public -- there was no comment. Councilman Morgan requested that the Chief of Police make a routine investigation of the applicants as required on all new applications and report back to Council. B-6: Transfer of Beverage Dispensary License - Harbor View, Inc. Administration advised that all taxes were current and recommended ' approval. Mayor Elson opened the hearing to the public. There was no comment. MOTION: Councilman Sweet moved, seconded by Councilman Morgan, that the City file no protest on the transfer of a beverage dispensary license for the Harbor View Hotel. Motion passed unanimously. KENAI CITY COUNCIL, REGULAR AIEETiNG, JULY 6, 1977 Page 6 x C. PERSONS PRESENT SCHEDULED TO BE HEARD ii C-1: Vesta Leigh - Gift Shop in Kenai Municipal Terminal Building t' Ms. Leigh came before Council for their consideration with regard to her application for a gift shop and concession area in the Kenai Terminal. Ms. Leigh requested 150 square feet of lobby area and agreed to pay a percentage of the gross receipts in addition to the designated rental rate. Ms. Leigh advised that her gift shop would include items made by local artists plus a concession of cigarettes, canned pop, newspapers, magazines, etc. Mr. Wise advised that in the proposal from Mr. Vadan for lease of the airport bar and cafe, Mr. Vadan had requested lease of an area for a gift shop and also the City should not jeopardize the sale of soft drinks through the cafe. Mr. Wise advised that he had been in contact with Mr. Vadan and Mr. Vadan was trying to make contact with the present lessee of the bar and cafe to buy their existing equipment. MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for approval } of negotiations of lease with Vesta Leigh for 150 square feet of lobby area in the Kenai Airport Terminal Building to be utilized as a gift shop and iconcession area and upon final negotiations, such lease shall be presented to Council for further review. Motion passed unanimously by roll call vote. C-2: Edward Garnett representing Arctic Aviation Mr. Garnett came before Council representing Arctic Aviation and their protest against the increase in lease rate of Lot 1, Block 3, General Aviation Apron. Mr. Garnett advised Council that his client opposed the substantial lease rate increase because of 1) limited use of the land; 2) no utilities or other City services to the property; 3) the land is virtually landlocked with no access to taxiways except across other land or across a: road and ditch; and 4) the limited income that can be generated for aircraft parking. Mr. Garnett advised that his client felt a more realistic figure would be $.025 or $.03 per square foot. Mr. Wise stated that the former lease rate was $.02/sq. ft. and at the first five year renegotiation, no reevaluation was made. Mr. Wise advised that the lots were reappraised recently and Arctic Aviation was advised that their lease rate had increased to $.043, however, it was Administration's feeling that this amount was not correct and the lease should be further amended to $.039/sq. ft. KENAI CITY COUNCIL, REGULAR MEETING, JULY 6, 1977 Page 7 As this matter was included also under agenda item G-5, Council unanimously concurred to consider 0-5 at this time. G-5: Redetermination Protest - Arctic Aviation MOTION: Councilman Morgan moved, to renegotiate the lease rate on Lot 1, Block 3, General Aviation Apron, Arctic Aviation at $.0275/sq. ft. Motion died for lack of second. MOTION: Councilman Sweet moved to renegotiate the lease rate on Lot 1, Block 3, General Aviation Apron, Arctic Aviation at $.035/sq, ft. Motion died for lack of second. MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, to renegotiate the lease rate on Lot 1, Block 3, General Aviation Apron, Arctic Aviation at $.0275/sq. ft. Councilman Morgan stated it was his feeling that the City should not expect people to operate at a loss and would, therefore, recommend that the City amend the rate or change the use of the lot. Motion passed by roll call vote. Voting yes; Morgan, Glick and Elson. Voting no; Sweet C-3; Mrs. Ruby Coyle Mrs. Coyle advised Council that since the City's new water well development across from the Beaver House, she has had difficulties with sand in the water of their artesian well. Mrs. Coyle stated that the sand has damaged her washing machine and there is always a large accumulation of sand in the toilets which had to be removed before they could be flushed. Mayor Elson asked Mrs. Coyle to submit her data on the situation in writing to the City administration so that they review the matter and return to Council with additional Information. D. MINUTES D-1: Minutes of the regular meeting of June 15, 1977/June 16, 1977 The minutes were approved as distributed. I!> POW AIAL 111 II Ip 1 1 11 111 211 LH II 111111 1 KENAI CITY COUNCIL. REGULAR MEETING, JULY 6, 1977 I Page 8 D-2: Minutes of the special meting of June 29, 1977 The minutes were approved as distributed. E. CORRESPONDENCE E-1: Mr. Jerry Thompson Mayor Elson acknowledged receipt of a letter from Mr. Thompson concerning the City dock and the "plight" of local fishermen. F. OLD BUSINESS (See item B-4 - Public Hearings) G. NEW BUSINESS G-1: Bills to be ,paid - bills to be ratified Administration recommended approval of bills as submitted. MOTION: Councilman Morgan moved. seconded by Councilwoman Glick, for approval of bills to be paid and bills to be ratified as listed. Motion passed unanimously by roll call vote G-2: Ordinance No. 350-77 - Special Revenue Fund entitled "Kenai Volunteer Fire Dept." Mayor Elson read Ordinance 350-77 by title only. "An ordinance of the Council of the City of Kenai establishing a special revenue fund entitled "Kenai Volunteer Fire Department' and increasing estimated revenues and expenditures in such fund by $740.11 Mr. Wise reported that these funds were to be used for the purchase of a flag pole for the Kenai Public Safety Building which will be presented to the City by the Volunteer Fire Department. MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, for introduction of Ordinance No. 350-77, establishing a special revenue fund entitled "Kenai Volunteer Fire Department' and increasing estimated revenues and expenditures in such fund by $740. Motion passed unanimously by roll call vote. KENAI CITY COUNCIL, REGULAR MEETING, JULY 6, 1977 Page 9 G-3: Ordinance 351-77 - Captial Project Fund "Kenai Sewerage Project" Mayor Elson read Ordinance 351-77 by title only. "An ordinance of the Council of the City of Kenai establishing a Capital Project Fund entitled "Kenai Sewerage Project No. C-020077010." Mr. Wise reported that the City of Kenai had been awarded a grant in the amount of $73,400 for the project with funding from the U. S. Environmental Protection Agency, State of Alaska and the Kenai Peninsula Borough. MOTION: • Councilman Morgan moved, seconded by Councilwoman Glick, for introduction of Ordinance 351-77, establishing a Capital Project Fund entitled "Kenai Sewerage Project No. C-020077010. Motion passed unanimously by roll call vote. G-4: Ratification of purchase of sign baking machine MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for ratification of approval to proceed with purchase of a sign baking machine from 3-M Company in Anchorage for an amount not to exceed $4,500. Motion passed unanimously by roll call vote. , 0-5: (See item C-3, Persons Present Scheduled to be Heard) 0-6: Contract for Janitorial Services - Kenai Municipal Airport Building MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for approval of contract for janitorial services between the City of Kenai and Tim's Janitorial Service, for the Kenai Airport Terminal building commencing July 1, 1977 and ending June 30, 1978 for a total of $1,636.20 per month. Motion passed unanimously by roll call vote 0-7: Lease/Kenai Peninsula Community Care Center MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for approval of lease of Buildings 105 and 106, FAA Housing Area to the Kenai Peninsula Community Care Center for a term of one year at a monthly rental of $770.25. Motion passed unanimously by roll call vote 0 KENAI CITY COUNCIL, REGULAR MEETING, JULY 6, 1977 - --_ - --- 1 1 JAIAIL I.1 -i 1 .., _i_ 1 IN Page 10 0-8: Lease/Glacier State Telephone Company MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, for approval of lease of Lot 4, Block 5, Cook Inlet Industrial Air Park to Glacier State Telephone Company for a term of one (1) year at the annual rental rate of $783.90. Motion passed unanimously by roll call vote. G-9; Special Use Permit - Glacier State Telephone Company MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for approval of Special Use Permit for Glacier State Telephone Company for use of street right-of-way between Lot 4 and Lot 5, Block 5, Cook Inlet Industrial Air Park for pole and wire storage for a term commencing July 1, 1977 and ending June 30, 1978 at an annual rental of $125. Motion passed unanimously by roll call vote 0-10: Special Use Permit - Katmai Motel MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, for approval of Special Use Permit, Katmai Motel, to operate a direct telephone line and display a poster in the Kenai Municipal Airport Terminal for a term commencing July 1, 1977 and ending June 30, 1978 for a total fee of $96. Motion passed unanimously by roll call vote. 0-11: Amendment to Lease - Katmai Motel MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for approval of amendment to lease/Katmai Motel, Inc., on Lot IA, Part 3, Alyeska S/D, for a rate of $1,540.99 per year commencing July 1, 1977 and ending June 30, 1982. Motion passed unanimously by roll call vote G-12: Lease/Kenai Air Service MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, for approval of lease to Kenai Air Service for Counter Space #18A (100 sq. ft.) in the Kenai Municipal Airport Terminal for a term of one year at the annual rental of $1,080. Motion passed unanimously by roll call vote. I KENAI CITY COUNCIL, REGULAR MEETING, JULY 6, 1977 Page 11 G-13: Special Use Permit - Kenai Air Service, Inc. i MOTION: Councilwoman Glick moved, seconded by Councilman Sweet, for approval of Special Use Permit to Kenai Air Service, Inc. to operate a direct telephone line and display a poster in the Kenai Municipal Air -port Terminal for a 3 period of one year commencing on July 1, 1977 at a total fee of $96. Motion passed unanimously by roll call vote. " 0-14: Amendment to Lease - Teamsters Local #959 MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, for approval of amendment to lease, Teamsters Local 959, on Lot 9, Block 1, Cook Inlet Industrial Air Park, for the period commencing July 1, 1977 and ending June 30, 1982 at $1,188 per year. Motion passed unanimously by roll call vote 0-15: Special Use Permit - Andy's Flying Service MOTION: Councilwoman Glick moved, seconded by Councilman Sweet, for approval of Special Use Permit to Andy's Flying Service to operate a direct telephone line and display a poster in the Kenai Municipal "Airport Terminal Building Commencing July 1, 1977 and ending June 30, 1978 for a total fee of $96. Motion passed unanimously by roll call vote i 0-16: Amendment to Lease - Charles J. & Roberta J. Crabaut3h i MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, for approval of amendment to lease of airport lands and facilities for Charles J. and Roberta J. Crabaugh, for Lot IA, Deshka Subdivision, and amending such lease further to include under item (2) "convenience grocery store" .....and other retail facilities. Also under item (3) amend sixty feet to 56 feet and shall be completed by June 30, 1979. Motion passed unanimously by roll call vote (1-17: Appointment to Kenai Planning & Zoning Commission Council unanimously approved the appointment of Mrs. Diana Lundstrom to the Kenai Planning & Zoning Commission. G-18: Assignment of Lease - Katmai Motel, Inc. MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for approval of Councilwoman Glick inquired as to the status of the street lights at the schools as requested by the Fandels and was advised by Administration that the two lights were found to be necessary, one more essential than the other, however, the City needed a contract on all the lights for replacement, repair, etc. Councilwoman Glick stated that a stop light was needed at Willow Street and Beaver Loop and asked if the City could encourage the State to consider this area? Administration advised a survey would have to be conducted at the area by the State before a determination could be made. f KENAI CITY COUNCIL, RE-GULAR MEETING, JULY 6, 1977 Page 12 collateral assignment of Katmai Motel, Inc. pertaining to Parcel No. 1 (Lot 1, ' Part 3, Alyeska Subdivision and Parcel No. 2 (Lot 1-A, Part 3, Alyeska S/D �a to NABALASKA and Co. contingent upon review of the Collateral Assignment by the City Attorney. r. Motion passed unanimously by roll call vote. H. REPORTS H-1: City Manager's Report #20 (a) Sr. Citizen complex - Mr. Wise advised that a 24 -unit complex in Old Townsite is now under construction and is valued at $900,000. (b) Only one bid was received for lease of lot 1. Block 2, General Aviation Apron, and that was from Andy's Flying Service, Inc. at an annual rental of $525. Mr. Wise advised that the bid and lease application will be submitted to the Kenai Planning Commission on July 13th for their review and comments. (e) Mr.Wise advised that he would be attending a meeting in Anchorage on Thursday at the Department of Interior on conditions of lease sale in Lower Cook Inlet. . MAYOR & COUNCIL - QUESTIONS AND COMMENTS Councilman Morgan inquired if any City streets had been oiled and was advised by the Public Works Department that it was awaiting repair parts i so that the oiling could be accomplished. k Councilwoman Glick stated that she had received inquiries as to why the City was not cutting the grass at the various baseball fields in town and was advised that City did not have a lawnmower as yet but would have a transfer of funds before Council at the next meeting to assure a purchase. City sidewalks -- Council unanimously concurred that the sweeping of sidewalks through the City must be achieved -- either by the City or the State. Councilwoman Glick inquired as to the status of the street lights at the schools as requested by the Fandels and was advised by Administration that the two lights were found to be necessary, one more essential than the other, however, the City needed a contract on all the lights for replacement, repair, etc. Councilwoman Glick stated that a stop light was needed at Willow Street and Beaver Loop and asked if the City could encourage the State to consider this area? Administration advised a survey would have to be conducted at the area by the State before a determination could be made. x i KENAI CITY COUNCIL, REGULAR MEETING, JULY 6. 1977 Page 13 ._ - H-2: City Attorney's Report With regard to the Court System billing, the City had received a letter from the Attorney General's office and wer advised that if City did not pay by 7-11, the State would sue, however, Representative Malone contacted the State in behalf of the City and the City will not have to pay until such time the Legislature has made a determination on the matter which concerns several cities within the State. Kenai Baptist Temple building has still not been sold, however, the City has been advised that the sale is imminent. The City has been in contact with the Court and the Court is setting up oral arguments on the appeal scheduled for some time in September. City Attorney Williams asked if Council would like a draft of exceptions to competitive bidding drawn up and was so directed by Council to proceed. H-3: Mayor's Report Mayor Elson advised that he had attended a meeting of the Board of Directors of the Alaska Municipal League and Jim Rolle was selected as the Executive Director of the League. At the August board meeting the directors will be considering opening an office in the Anchorage area. Coastal Zone Management - Mayor Elson advised that Governor Hammond had requested nomination of elected officials from nine varying regions in the State to serve on a policy board. The Borough Assembly, at their meeting of July 5th, had nominated Mayor Gilman, Assemblyman Cooper and Mayor/Assemblyman Elson for the Governor's consideration. Mayor Elson advised the Council that they could make further nominations. There was no further nomiation from the City of Kenai and the Clerk was instructed to write a letter to Governor Hammond endorsing the nomination of Mayor Elson. H-4: City Clerk's Report Clerk Sue Peter advised Council that she would be attending a meeting of the Alaska Public Offices Commission Monday, July 18th and would be garnering more information concerning the financial disclosure laws. Councilman Sweet requested that financial disclosures and campaign disclosures be placed on the ballot in the up -coming election in October. Council so concurred and the City Attorney was directed to draft the proper language. I KENAI CITY COUNCIL, REGULAR MEETING, JULY 6, 1977 Page 14 H-5: Finance Director's Report Finance Director Ross Kinney reported that the audit was now underway and progressing very well. Also, the City received an advance from the l Borough in the amount of $610.000 for taxes. H-6: Planning a Zoning Commission Report Councilwoman (click advised that the Commission had reviewed Ordinance 77-18 a and the matter would be going to public hearing once again, then back to Council and then on to the Borough for additional public hearings. Also, at the Borough Planning meeting of June 27th, the Commission reviewed 1 Ord. 77-35, approving exercising of power by City to protect its water supply outside the boundaries of the City. The matter was discussed in great depth and some problem arose concerning the penalty clause. The Commission passed the ordinance but deleted the penalty clause and it was the feeling of the commission that the ordinance could be amended later and add the penalty clause at that time. H-7: Kenai Peninsula Borough Assembly Mayor Elson advised that one subject that had been discussed was the Borough's selection of lands from the Forest Service. The Village of Hope was in opposition of any of the lands being selected and in fact, several of the smaller communities wished to leave the land status as is. Councilman Morgan advised that he had discussed the Section 36 matter with the Governor and he suggested that the Borough trade lands with the State and then the Borough could dispose of the land as they saw fit. Mayor Elson asked Administration to pursue the matter further with Borough Mayor Gilman. Councilwoman (flick stated that with regard to the proposal of broadcasting the Assembly meetings, perhaps the Borough should conduct a poli to determine the audience listening ratio. Councilman Morgan inquired from Administration the status of the Salamatof Seafoods negotiations. Mr. Wise aadvised that Administration hoped to have the lease retyped and ready for Council review by next meeting. D7r Wise further stated that there have been some comments with regard to this lease and the City will have it ready for public comment. Mr. James E. Fisher, representing Salamatof Seafoods, advised that a considerable amount of time has been spent with regard to preparation of the lease and his client's intent was to make all arrangements acceptable to both the City and to the public. Mr. Waterer of Salamatof Seafoods 1- i KENAI CITY COUNCIL, REGULAR MEETING, JULY 6, 1877 Page 15 jadvised that his company would make every economically feasible effort possible to make the facility accessible to the public on a full-time basis. EXECUTIVE SESSION City Attorney Williams advised that five members of Council must be present in order to adjourn into an executive session. ADJOURNMENT There being no further business to be brought before Council, Mayor Elson adjourned the meeting at 10:50 p.m. i } Respectfully submitted, qSuuC . Peter, City Clerk i I CITY OF KENAI MEMORANDUM. TO: Honorable Mayor & City Council FROM: John E. Wise. City Manager DATE: May 27; 1977 SUBJECT: PUBLIC NUISANCES _.y- - ----'--�-------� R = a►-ia�lf�c'�'tlg3ts —.LL .i l: l�.�elllla lel Y II III I I YY I believe that the following structures, materials or dangerous conditions existing on parcels listed opposite them constitute public nuisances within the meaning of public nuisances as defined by the Code of the City of Kenai and I recommend that such public nuisances be abated: Public Nuisance Propertv Description 1. Unoccupied Cabin Lot 5, Block 5 - Mission & Overland (Open to trespassers) Parcel #047-071-0900 Owned by: Benny Kinpo (deceased) i 2. Fire damaged cabin Lot 6. Block 5 - Mission Avenue (Open to trespassers) Parcel #047-071-1000 Owned by: 'James A. Brown/Anchorage S. Unoccupied house Lot 2. Block 6, Overland Avenue d f (Open to trespassers) Parcel #047-072-0300 Owned by: State of Alaska 4. Unoccupied house Lot 4, Block 4 - Overland Avenue (Open to trespassers) Parcel #047-064-0200 Owned by: Mrs. Etta Garnett i S. Fire damaged cabin Lot 5. Block 4 - Upland Avenue -Parcel #047-064-0315 S� Owned by: Mrs. Mary Oskolkoff 10 6. Unoccupied house/shed Lot 3. Block 5 - Overland Avenue (Open to trespassers - Parcel #047-071-0500 accumulation of trash) Owners: Unknown (Old Kenai Power) ti V- MEMOR41 Page wo I �7 noceu i use Lot 2, Block 5 - Overland Avenue i (Open to re vas Parcel #047-071-0200 ' Owned by: Rex Williams & Mrs. Ben Grotecloss i 8. Unoccupied house Block 2, Por. Lot 2 (Open to trespassers) Parcel #047-062-0700 Owned by: Peter Labate/Anchorage 9. Unoccupied Duplex Lot 21, Block 16 - Upland Avenue (Open to trespassers) Parcel #047-092-1700 q1 Owned by: Forrest & Sybilla Fuhr 10. Unoccupied house Lot 4, Block 19 - Riverview Drive 6 (Open to trespassers) Parcel #047-103-0400 Owned by: David Pree/Anchorage ✓� U. Two sheds Lot 13, Block 16 - Cook & Main (Open to trespassers) Parcel #047-092-0930 Owned by: City of Kenai/American Legion 02. Deleted ` 13. Open well &trash Lot 20, T31oek 16 (Old Kenai barber Shop) � accumulation Parcel $047-092-1600 Owned by: Wade Reese/Anchorage 14. Remains of fire damaged Lot 8, Block - 5, house Parcel #047-071-1600 Owned by: Alfred Ivanoff 15. Unoccupied sub- Lot 1, Block 17 - Peninsula Avenue standard cabins Parcel #047-101-0100 ► Owned by: Jack Conright I 16 Storage items believed to Lot 16, Block 5 (Old Armory Building) belong to W. R. Jahrig Parcel #047-071-2060 r Owned by: Doris L. Walkowski/Anchorage - Storage items believed to Lot 18, Block 5 (Old Kenai Townshite) `. belong to W. R. Jahrig Parcel #047-071-23190 " -- - Owned by: Claytm A. Ervin/Anchorage Unoccupied cabin Lot 21, Block 5 (Old Kenai Townsite) & storage items believed to Parleel #047-071-261.0 belong to W. R. Jahrig Owned by: John T. Hurn/Anchorage i I j' I CITY OF KENAI RESOLUTION NO. 77-80 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACKNOWLEDGING RECEIPT OF A RECOAR111ENDATION BY THE CITY MANAGER THAT CERTAIN ALLEGED PUBLIC NUISANCES BE ABATED AND SETTING A DATE FOR PUBLIC HEARING IN THE { MATTER. WHEREAS, the City Manager has recommended to the Council that certain alleged public nuisances be abated, and WHEREAS, the Codd of the City of Kenai requires that the Council hold a public ' hearing in the matter. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI as follows: Section 1: The Council of the City of Kenai hereby acknowledges receipt from the City Manager of a memorandum identifying certain structures, materials, or dangerous conditions exsiting on certain parcels within the City of Kenai as public nuisances and request that they be abated. A copy of such memorandum is attached hereto and incorporated herein by reference. Section 2: The Council hereby directs that a public hearing on the existence of those public nuisances listed in the memorandum incorporated in Section 1 be held July 8, 1977, at 8:00 p.m. at the Kenai Public Safety Building. Section 3: The Council hereby directs that the City Manager notify all owners of those parcels listed in Section 1 and/or any other persons responsible for or causing the alleged public nuisances of the date and time of the hearing. Such ` notice shall also include an enumeration of those steps 'which must be taken to abate the nuisance existing on the parcel and a statement that no hearing will be held on that parcel U the public nuisance is abated to the satisfaction of the City prior to ` the date set for hearing. F Section 4: Notice of the public hearing directed to be held by Section 2 hereof shall be published at least once in a newspaper of general circulation within i the City of Kenai. 1 Section 5: The Council hereby directs that the City Manager be prepared y� to make a presentation at the public hearing as to the existence of a public nuisance on each parcel, including photographs and statements of investigating City personnel. PASSED BY THE COUNCIL OF THE CITY OF K Al this 1st day of June, 1977. =c�Li.T—t JAMES A. ELSON , MAYOR ATTE T: e C. Peter, City Clerk - I - -- - - - - - - - - 41 C VAHL, 6I 2 } 10; ra • ; . s.:. /'` "064' --� ----. .� ! _ .... _ ..� _ ,V�,....:.:.+�.,. �° ._.... � ,. � 'i4 (SI 062, �l '� �g •� 'Bt P y�f ' L._ .... _ .. l ..._ , Z' j: 4s �Qf I IT K i I POR, SEC 5,TSh;,kllWS 581M. 47-0714 1 03 r � All t 4.. • �. '• %' 9 //}ten i�l (� "•,, ' N �� •�� • 73 ' • ' x� 1 '�totR 7 ,� '� \ / 5 .•. � .) esacct . :� • • .• r CP Vie., �;,� i d �y 2 \,.� r� . AP:j0(0 i r .09+ *j1 L/FA/A/ ' TQ•��.a1��..��.�:.+E%di. ...irk%• � .3.. �...+rr+•.-.+�i�-�...+.++.�.,.�'/ . . +--r . r r .. . ''. . � ! .,,��y�Aplr., .. • ,, . ., .., .. r }iii k 4 1 i "rt^ ••� ....: —�� �h•K i idr/Ci .... /6JN �7,y , • r . 4 ,'�� user veow •, ,I L'y tl ,f K.) I 81/SNMpl /dNaiY Iry r. �� as'•a• �•y J V ,• u � �, •, ( i� 1: 3� � 7r Ji \u'` � ,.7•° �G1 /1 .I=`o f,1 f .• ' F .., ( 160 ti ' L\ oil . " • � • � • ' ,of ` (!,:' fF i'`"moi. ��'� i �� �� y • . �0 /�`� �l Sl tdo z'% j's, it `•, ` 6 ` T �' � _ � STT ' 4' J• �f %1 S!•'�'_. —. Q' '/ w. �, I 1• .. � •, r.... � �L f,�J `� (e1 agog pl�n��;b±1� � H. 4 • • rf. la J�' •r i v 0 Lb �L � s ;; t //d 'Ns1 S :21S "a'Od s — I -- — — -- -- — — ---- -- Joe UA& 2370 Rif vrq KENAI ToWNSITS.' Kenai poninsvic sorough, Alaska Noyc stock Numberil shown in Clilples PGFCOl Numbers Show" In Clrole+ OL POR. 5, PENINSULA AVC - 60 ueoe = its fir rw �loop iJ BLK. 17 ito- tilt 1111' Ili 0 40! - 020' 14l' 1 141 so 146, 6 0 7 !Pre 4 (D X(D t BLK. 18 6 08 1 SO oil, Ate oft .60, COO) (D J2 I Avg. BLK. Z I too .06, ore — I -- — — -- -- — — ---- -- Joe UA& 2370 Rif vrq KENAI ToWNSITS.' Kenai poninsvic sorough, Alaska Noyc stock Numberil shown in Clilples PGFCOl Numbers Show" In Clrole+ OL 1 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 DEDICATING 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 with life expectancy of not less than 20 years. 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 hereby amended by adding a new Section 9 of Article TV, Chapter 20, which 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. shall be ` dev ted a elu$ively to capital improvements with life expectancy of not less t ian ZO years. r Section 2: There is hereby created a special revenue fund entitled "Capital Improvement Fund". All proceeds of sales of City owt:ed (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 1 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. F PASSED by the Council of the City of Kenai, Alaska, this day of 1977. JAMES A. ELSON, MAYOR 1 ATTEST: Sud C. Peter, City Clerk FIRST READING: May 18, 1977 SECOND READING: June 1. 1977 rrAvlad) THIRD READING: .Tune 15. jn7 FOURTH READING: Julv 6. 1977 EFFECTIVE DATE: w E ; S t p � I I , F i 3 f Ik J� ' J F CITY OF KENAI -JORDINANCE NO. 348-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI AUTHORIZING PURCHASE f OF A USED MOTORGRADfR AND APPROPRIATING FUNDS FROM FEDERAL REVENUE SHARING FOR SUCH PURICHASE. 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 l: 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 _ Increase Estimated Revenue: ' Federal Revenue Sharing $75,000 Increase Appropriations: F Capital Equipment $75,000 General Fund Increased Revenue: Federal Revenue Sharing $75,000 Appropriations: Street Department - Machinery & Equipment $75,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 6th day of July, 1977. ATTEST: 0 Sue C. Peter, City Clerk JAMES A. ELSON, MAYOR FIRST READING: Jima 1R, 1977 SECOND READING: July 6. 1977 EFFECTIVE DATR: F r" j 'i CITY OF KENAI ORDINANCE NO. 352-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI DECLARING THAT PUBLIC NUISANCES EXIST ON CERTAIN PARCELS OF REAL PROPERTY WITHIN THE CITY OF KENAI. WHEREAS, the City'* Manager has submitted to the`Couneil a list of parcels of real property upon which he believes that public nuisances exist, and WHEREAS, the Council has held a public hearing on the existence of public nuisances on these parcels, and WHEREAS, all property owners were notified by certified mail and all parcels were advertisted twice in a local newspaper of general circulation that the public hearing would be held and given an opportunity to be heard and in addition were given the opportunity to abate the alleged public nuisances prior to the date of the hearing, and WHEREAS, the Council has found, after considering all written and oral information presented to them, that public nuisances do exist on certain of those parcels pre- sented to them by the City Manager, and WHEREAS, the Council wishes to direct the abatement of those public nuisances. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI as follows: Section 1: The following structures, materials or dangerous conditions on the parcels listed opposite them are hereby declared to be public nuisances. 1 Section 2: The owners of those parcels listed under Section I above and/or any other persons responsible for or causing those public nuisances listed under Section 1 are hereby directed to abate such public nuisance by , 1977. If such public nuisances are not abated by 5: 00 p.m. on that date, the City Manager is hereby directed to abate or arrange for the abatement of those public nuisances. The costs and expenses incurred by the City in such abatement shall be chargeable to the property owner and shall be levied and collected in the same manner as special assessments for public improvements. a 9 - `__, .`-� -- ••-- �_aT+_..__ �!!1� ill llliLll 11 Illl 911111111111III I III I I IiJ U •.e ... ORDINANCE NO. 352-77, Page Two r , Oil ?i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of July, 1977. 'i ATTEST: Sue C. Peter, City Clerk JAMES A. ELSON , MAYOR FIRST READING: July 6, 1977 SECOND READING: EFFECTIVE DATE: ! I ! mup Li III IN IN I I I I 1 ! A H It U ALAbRA nor I NANNoNo, covRNOR ALCOOOLlC 81VINC[ CONWIL MARO W. �R i June tb, 1977 Ar. John E. Wise `� r City Manager City of Kenai Box 580 Kenai, Alaska 99611 Dear fir. Mise: Enclosed is a copy of an application for new - RETAIL LICENSE: THE LIQUOR STORE: 'IRS Enterprises, Inc.; President Fran% 19. Sweeney; Vice President James T. Russel; Secretary Ronald L. Malston; Rig Building, 1209 Main Street; Mail: Drawer 3771, Kenai, Alaska. You have 30 days in which to protest this application. If no response is received within. 30 days plus 10 days for reasonable mailing time, the Board will assume that you have no objection to the issuance and will take final action on the application. As this is a new location, vie need to hear from you whether or not population and zoning criteria are met. i Very truly yours, Dorothy E. Swick j Records and Licensing Supervisor Enclosure - ---- - DES : sps u s J I b O b b D isr � Bur�ooNc, sorrsKap DEPARTMENT IIF 11EVENUE j ALCOHOUC MAN C0WROL BOARD 609 W. 900 AVEAMXe0 U ie`RP' 99501 • July 1, 1977 11 V—) Mr. John E. Wise City Manager City of Kenai Box 580 Kenai, Alaska 99611 Dear Mr. Wise: Enclosed is a copy of an application for transfer of a beverage dispensary license. HARBOR VIEW HOTEL; Harbor View, Inc.; Pres -Needham B. Wilson; Set/ Treas-Virginia Wilson; Peninsula A Bluff, Kenai; Mail: Box 1594, Anchorage 99510. FROM: HARBOR VIEW, INC. CORPORATE STOCK TRANSFER: PRES-D.R. KIPIBRELL: VP -JAMES UDELHOVCN: SCT -PATSY B.'BR0WN: TREAS- DAVID L. DIAMOND. You have 30 days in which to protest this application. If no response is received within 30 days plus 10 days for reasonable mailing time, the Board will assume you have no objection to the issuance and will take final action on the application. Sincerely, G�2.e�J (Mrs.) Dorothy/ Swick Records & Licensing upervisor DS/jmn Enc. ' `A'A L� C17" I..'r 0 F X E P1 A l P. O. COX 580 - i:;Ml, AW;(A . MONE 293.7535 n € - •=fit.-- --- - - F; ,�-.._., � -: °-�j ; . i i i q � � � � � . � • �tw..r �ficti.•. Lease Application pg 1 of 2 U�os,aln�j� ' Name of Applicant f %A v Address,AD. Erik - Business Name and Address�C'�iD- Kenai Peninsula Borough Salcs Tax No. State Business License No. Prions(check one)__,< Lease Permit Lot Description ` u.. V It AW -41 UA4_ t "l`su �, Desired length of Lease or Permit 1 V a'/g R . Property to be [teed for # � ke ,d h i+� E; S S'/'O iv !'�" i Description of �developments (type, construction, size, etc. ) Attach development plan to scale l inch = 54 feet, showing all build- ings planned. Time Schedule € Estimate value of constructions $ Date Signed Description of Property FOR YOUR INFORMATION i Annual rental rate or cost Zoned for n 1 Permits required Assessments Insurance Required 16n (I n n �� O0 /)nn Construction must be started by Completion date for major construction THIS APPLICATION WILL BE A PART OF THE LEASE Approvals: Planning Commission By City Council By Receipt Acknowledged by applicant r - ! I IL ! � Page 3 of 4 Lease No. f _ BUILDING INPORMATION Name: 3 Q= ' f ` " r � �•rAh i 4 1% . w - I construction materials: Scale: -N- I G f1 f i J ! -t J I ' k i 4 l W i Lease Proposal Leasor: City of Kenai Leasee: Vesta Leigh The Leasor shall lease to the Leasee the amount of snuare feet in the Main terminal building of the Kenai Municipal Airaort for the purpose of operating a gift and concession shop. The Leasee agrees to pay to the Leasor fourty-five ($.45) cents per snuare foot per month for the right to operate this business. The Leasee agrees to install any such furniture,partitions or improvements needed by the Leasee to operate such a business. The above installations shall conform to City Codes. The Leasor agrees to furnish the right to use the public facilities (rest rooms etc.) to the Leasee and Leasee employees. The leasor agrees to provide liabilitv and fire and ex casualty insurance to the Leasee during the duration of the lease. The Leasee is granted the exclusive right, or franchise, to the right to sell, dispense, or offer for sale the following commodities: Gifts, art work, novelties, reading materials, souven- irs and various other items usually found in airport ,gift shops. The Leasee is granted the exclusive right to seal, dispense or offer for sale cigaretts, candies, self contained (bottled or canned) carbonated non-alcoholic beverages, Confections, post cards and stationary and maps. The Leasor agrees to furnish reasonable janitorial services, (ie: window washing, floor care, trash disposal) > under the terms of this lease. The Leasor actress to lease to the Leasee for the term of one vear ( 12 months) with the Leasee holding an option to renew said lease, with all of the above conditions, for a period not to exceed 7 years. The Leasee agrees, upon renewal of the lease for the second vear to nav to the Citv of Kenai, in addition to the $.45 (fourty-five cents) per square feet rent, the sum of two percent (2%) of gross receipts from above business. At the option of the Leasee for each consecutive year the option is renewed ( up to a total of seven Years) the Leasee agrees to pav to the Leasor (for each ,year renewal) a further two percent (2$) pper year from her gross receipts for a total of the maximum of $i12% ( twelve percent ) per year at the seventh vear renewal. The Leasee is granted the above rights and the right to assign the above contract. The Leasor agrees that if a new airport terminal building is constructed and put into use, or an addit6on to the present building is built that the Leasee rights under this contract remain entact and comprehensive for the new building or additions as well. 00 B GARNETT & ROBINSON gem,. .9.9.9 .fb��wn�:,d 996l� TMEMOM 907.288.71 s9 June 13, 1977 City of Kenai Box 850 Kenai, Alaska 99611 Attention: John E. Wise City Manager Re: Lease Re -negotiation Lot 1, Block 3, General Aviation Apron Arctic Aviation, Inc. Dear Mr. Wise: This firm has been retained by Arctic Aviation to represent it relative to the increase in the annual rental of the above- described real property. Please consider this letter as a formal objection to the increase rental, under the five year re -negotiation clause of the lease, contained in your letter of May 24, 1977, to Arctic Aviation. My client's objections are based upon the following: a) The appraisal of Vernon Frykholm; b) The land use clause contained in the lease; The land use clause of the lease limits the use of the property to aircraft parking and storage and the property is now being used as aircraft parking. Due to the limited use of the property, my client feels that the appraisal should be based upon the income approach rather than comparable sales approach. From a review of Mr. Frykholm's appraisal it would appear that he used a comparable sales approach which would be a high appraisal when you consider, a) Limited use of the land; b) No utilities or other city services to the property; c) The land is virtually landlocked with no access to taxi- way except across other land or across a road and ditch; F_ all( i IN City of Kenai 1 Attention: Mr. John E. Wise June 13, 1977 Page 2 Re: Arctic Aviation, Inc. d) The limited income that can be generated for aircraft parking. Income approach to the appraisal would appear more approp- riate under the circumstances. The diagram attached shows the ditch and road right-of-way, indicating that the land has no access to taxi -way and without Lot 2, Block 1, it would be useless for its intended use. The average single engine aircraft,170B,has a wing span of. 36 feet and a length of 26 feet, allowing 3 foot clearance on either side and front and rear; a rear tie -down would require a space 42' x 32' with taxi -ways of about 40' to 50' to prevent accidents. The diagram shows that you can get 7 tie -downs with a little left over. The goingrate on the airport, at present, for tie -downs are as follows: 15.00 per month for non -pass through tie -downs, spaces 1, 5, 6 and 7 and $20.00 per month for pass- through tie -downs, spaces 2, 3, and 4. Based upon the above, the land would have an income as follows: Spaces 1, 5, 6 & 7 at $15.00/month $60.00 Spaces 2, 3 & 4 at $20.00/month 60.00 One additional space parking spaces at $15.00/month for partial spaces 15.00 M (� Total $135.00 The income would indicate a fair market value of $14,580.00, or 3.2 cents per square foot, with an annual rental of $874.80. In the above calculations I did not take into consideration any expenses connected with the operations, such as gravel to main- tain taxi -ways, repair of tie -downs, snow removal, or insurance. Considering the expense and liability, a more realistic rental would appear to be .2,5 cents to N3 cents per square foot. r asincerely. A03 GARNETT & ROBINSON O Z 1 By 3 • EU14RD L . GARNETIT� ELG:ir d/vW ' , Q Z is / -- 10141 'it ]I. Lu II I IIJII 111111E - II AGENDA I REGULAR MEETING - KENAI CITY COUNCIL JUNK. 13. 1977 - 8:00 P.M. KENAI PUBLIC SAFETY BUILDING 1 PLEDGE OF ALLEGIANCE A. ROLL CALL r AGENDA APPROVAL 3 B. PUBLIC HEARINGS J 1. Ordinance 338-77(A) - Classification Plan a Pay Plan 9. Ordinance 342-77 - Establishing Working Capital Reserve in General Fund i 3. Ordinance 349-77 - Setting Fees for Water/Sewer Connection a Extensions 4. Ordinance 344-77 - Setting Rules for Use of City Parke 5. Ordinance 345-77 - Purchase of Sign Raking Machine 8. Ordinance 348-77 - Increasing Revenues/Appreprintlons - Library T. Ordinance 349-77 - Ratifying Purchase of Lift Station Pumps - Declaring an Emergency 6. C. PERSONS PRESENT SCHEDULED TO DR HEARD 1. Members, Kenai Fire Department 2. C. R. Baldwin for Copper Valley Machine Works. Inc. 3. Kenai Realtors 4. Kenai Chamber of Commerce 5. Tom Waterer. Salamatof Seafoods. Inc. D. MH4UTR8 1. Minutes of the regular meeting of June 1. 1077 2. Minutes of the special meeting of Juno 8. 1977 R. CORRESPONDENCE 1. American Legion Post #20 2. Herman a Irene Fondel S. Mn. James E. Odham 4- Mr. B. R. Conson. Jr. _ P. OLD BUSINESS 1. Ordinance 341-77 - Dedicating Proceeds of Land Sales 2. Assignment of Lease - K. D. Mnehoras to Charles • Roberta Crabough 3. Resolution 77-76. Retninina connultina onainearinv firm 4. Laws of Doak Facility s Adjoining Lands/Salnlnatof Seabods, Inc. 5. PrcNsnl to lease Airport Coto a Rar - Mr. Paul Vaden 0. NEW BU.SINEAS ► 1. SM3 to be paid - bills to be ratified 2. Ordinance 347-77 - Special Revenue Fund "Kenai Sr. Citizen Project" 3. Ordinance 348-77 - Authorising Purchase of Used )totorgrader 4. Resolution 77.81 - Transfer of Monies - Council on Aging Budget 1 6. Resolution 77-82 - Transfer of Monies - Parks a Recreation S. Resolution 77.83 - Transfer of Montes - Airport Land fund 7. Resolution 77-84 - Transfer of Monies - Printing a Binding (Non-dopnrtmental) S. Resolution 77-80 - Transfer of Monies - City Clerk Budget 9. Resolution 77-80 - Transfer of Monies - City Departments/Printing a Bidding 10. Resolution 77-87 - Transfer of Homos - Airport OW H. Resolution 77.88 - Transfer of Montes - Public %larks Administration/Street Matnt. 12. Resolution 77.89 - Authorising Use of FAA Housing Area Lends 18. Resolution 77-00 - Rojecting Bids for Sr. Citizen Nutritional Program 14. Resolution 77-91 - Accepting Oram Funds/Sewersgo Project C-020077 16. RPA Sower Treatment Plant - Discussion _ 16. Payment - Kenai Airport Maeterplon Study 17. Lesso of Airport Londe or Facilities - Avis Ront-A-Car 18. Resolution 77-92 - Transfer of mantes - Public Works Deportment Rudest 10. Payment RstimMo /8 - Interstate Companv. Ino. - FDA water Projpet 07-01-01884 20. Recommendation of Appointment to Kenai Peninsula Aoroush Planning Commission 21. H. REPORTS 1. City Manager's Report NO " 2. City Attorney's Report 8. &few@ Report 4. City Clerk's Report S. Finance Dlrectoes Report 6. Planning a Zoning Commission's Report 7. Real Peninsula Borough Assembly's Roport f 1 1. RRRSONS PRESENT NOT SCHEDULED TO RP. HEARD j i ADJOURNMENT ' " � " `- _ 1�15AI RIIaIAMAII I�Illllli ArLllli I II I I V I KENAI CITY COUNCIL - REGULAR MEETING JUNE 15, 1977 - 8:00 P.M. i KENAI PUBLIC SAFETY BUILDING MAYOR JAMES A. ELSON PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Betty Glick. Richard Morgan, Dan Whelan, Tom Ackerly, 'Walter Sweet, Edward Ambarian and James Elson Absent: None AGENDA APPROVAL The following additions were approved: C-5: Mr. Tom Waterer - Salamatof Seafoods, Inc. E-4: Mr. B. E. Canson, Jr. 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/Selametof Seafoods, Inc. F-5: Proposal to lease Airport Cafe & Bar/Mr. Paul Vadan G-18: Resolution 77-92, Transfer of monies/purchase of sign baking machine 0-19: Payment Estimate #18 - Interstate Company, Inc. G-20: Recommendation of appointment of Representative to Kenai Peninsula Borough Planning Commission PRESENTATION - KENAI POLICE DEPARTMENT Officer Dennis Lovett, representing the Kenai Police Department, accepted the Director's Award for 1977 presented officially by Mayor Elson. This award to given by the Director of Public Safety, State of Alaska, to the outstanding police department within the State. This award is not an annual award but rather on merit. B. PUBLIC HEARINGS B-1: Ordinance No. 336-77(A) - Classification Plan & Pay Plan Mayor Elson read Ordinance No. 336-77(A) by title aaaly as copies were avail- able for the public. "An ordinance of this Council of the City of Kenai amending the Personnel Regulations of the City of Kenai by addling thereto a Classification Plan and a Pay Plan." Mayor Elson opened the hearing to the public. .+.._-�..�.+..e.•�.......+..-mac 69 01ANIN1.6 Ie III III III t f KENAI CITY COUNCIL, REGULAR MEETING, JUNE 15, 1877 Page 2 Mrs. Lillian Hakkinen - Mrs. Hakkinen, a City employee, stated she had several grievances with regard to her salary in that she has not received a salary increase for the past 2-1/2 years. Mrs. Hakkinen further expressed that if her longevity were to be taken away, her salary would then reflect that it is no higher than any other City employee in the same range. Mr. Richard McGrady - City employee who stated he felt that the Fire Department should be compatible in salary with other members of the Public Safety forces. Mrs. Lillian Hakkinen - - requested clarification of the anniversary dates as shown in the proposed Classification Plan & Pay Plan and was advised by Mr.Wise that Administration had proposed an amendment for Council consideration. There being no further comment, Mayor Elson returned the matter to the Council table. MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for adoption of Ordinance No. 336-77(A), amending the personnel regulations of the City of Kenai by adding thereto a Classification Plan and a Pay Plan. After discussion, it was brought to the attention of Council that the matter of the classification and pay plan would be again considered under "Persons Present Scheduled to be Heard - Kenai Fire Department". MOTION: Councilman Morgan moved, seconded by Councilman Sweet, to table Ordinance 336-77(A) until after all items under "Persons Present Scheduled to be Heard". Motion passed unanimously by roll call vote. B-2: Ordinance No. 342-77 - Establishing Workinir Capital Reserve in General Fund Mayor Elson read Ordinance No. 342-77 by title only as copies were available for the public. "An ordinance of the Council of the City of Kenai, Alaska establishing a working capital reserve in the General Fund." Mayor Elson opened the hearing to the public. There was no public comment. MOTION: Councilman Whelan moved, seconded by Councilman Sweet, for adoption of Ordinance No. 342-77, establishing a working capital reserve in the General Fund of which such fund shall be limited' to $400,000, monies of which 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. Motion passed unanimously by roll call vote. L i KENAI CITY COUNCIL, REGULAR MEETING ,JUNE 15, 1877 Page 3 B-3: Ordinance No. 343-77 - Setting Fees for Water/Sewer Connections & Extensions Mayor Elson read Ordinance No. 343-77 by title only. "An ordinance of the Council of the City of Kenai setting fees for inspection of Water and Sewer connections and extensions and amending certain other sections of the Code of the City of Kenai." Mayor Elson opened the hearing to the public. ' Mr. John Williams - opposed Ordinance No. 343-77 in its entirety as the City already charged excess fees for hook-up to the system and these additional costs will be passed on to the home buyer. Mrs. Lillian Hakkinen - Mrs. Hakkinen advised that she collects the fees for water/sewer hook-up etc. for the City and some comments received by her were negative to the high fees and in one instance a local contractor had advised he would encourage development and building outside the City. Mr. John Williams - Mr. Williams further expressed his objection by stating that the additional fees would only be another "stumbling block" for builders which will mean a loss of development within the City of Kenai. There being no further comment, Mayor Elson returned the hearing to the Council table. Councilman Morgan stated that the Council has been trying to make the water/sewer fund self-supporting. Therefore, if the City did not charge tap fees, etc. the water/sewer fund would not be able to support various repairs, etc. to the .system -- the general taxpayer would have the burden of the costs. Councilman Morgan further stated that when a City employee is called out to make an inspection, the costs of this man's time should be passed on to the contractor. MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, for adoption of Ordinance No. 343-77, setting fees for inspection of water and sewer connections and extensions and amending certain other sections of the Code. Mayor Elson commented that the City had made considerable effort to put the water/sewer fund on a self-sustaining basis, thus the reason for the hook-up fees. Mayor Elson further explained that the intent in doing so was so that the people who are not on the water/sewer system would not have to pay for a service that they are not receiving nor benefitting from. Mayor Elson stated that when inspections are required' beyond the normal working day of the City employee involved, the intent of the ordinance was to pass this additional cost on to the user. QUESTION: Motion passed by roll call vote. Voting yes; Glick, Morgan, Whelan. Ackerly Ambarian and Elson. Voting no; Sweet. I N S- A iJ. # KENAI CITY COUNCIL, REGULAR MEETING. JUNE 15, 1977 Page 4 B-4: Ordinance No. 344-77 - Settim Pees for Use of City Parks ^� Mayor Elson read Ordinance No. 344-77 by title only. "An ordinance of the Council of the City of Kenai setting rules for use of City Parks." i Mayor Elson opened the hearing to the public. Mr. Ron Dolehok - opposed the proposed ordinance as City parks should be free to the public. Mr. Tom Roberson - Mr. Roberson ststed he felt that a free park would be a great asset to the community. There being no further comment from the public, Mayor Elson returned the hearing to the Council table. 0 r - - 'N MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for adoption of Ordinance No. 344-77, setting rules for use of City Parks. Councilman Morgan asked Police Chief Ross the status of various "structures" in the City park. Chief Foss advised that several "make -shift structures" were erected by individuals who set up residences in the park. Chief Ross further advised that his officers make periodic patrol of the various parks and would continue to do so enabling the officers to maintain control over use of the parks. MOTION: Councilman Morgan moved, seconded by Councilman Sweet, to amend Section 18-31 of Ordinance No. 344-77 to read as follows: "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. 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. Motion passed by roll call vote. Voting yes; Glick, Morgan, Ackerly and Elson. Voting no; Whelan, Sweet and Ambarian. MAIN MOTION, AS AMENDED: Motion passed by roll call vote. Voting yes; Glick. Morgan, Ackerly, and Elson. Voting no; Whelan, Sweet and Ambarian. k- T__ - 1 } KENAI CITY COUNCIL. REGULAR MEETING, JUNE 15, 1977 Page 5 I B-5: Ordinance No. 345-77 - Purchase of Sign Raking Machine s Mayor Elson read Ordinance No. 345-77 by title only. "An ordinance of the + Council of the City of Kenai increasing estimated revenues and appropriations in the General Fund in the amount of $3,325 for the purpose of purchasing a sign baking machine." S` Mayor Elson opened the hearing to the public. i Mr. Tom Roberson - Mr. Roberson stated he could not see this expenditure as the signs are repeatedly knocked down and have to continually be replaced. Chief Richard Ross - Chief Ross advised that he had conversations with a safety engineer from the State and the engineer reported that almost all of the signs in the City of Kenai are not up to code and will have to be so by next year. Chief Ross stated the City is looking at considerable expense If required to go out and purchase new and additional signs. Councilman Whelan stated that in figuring the total cost of the machine, it would require 400 signs to save costs in purchasing same. Mr. Wise advised that the City intended to provide access to the machine to other communities which would help defray overall costs. There being no further comment, the matter returned to the Council for action. MOTION: Councilman Sweet moved, seconded by Councilman Whelan, for adoption of Ordinance No. 345-77, increasing estimated revenues and appropriations in the General Fund in the amount of $3,325 for the purpose of purchasing a sign baking machine. Motion passed by roll call vote. Voting yes; Glick, Morgan, Whelan, Ackerly, Ambarian and Elson. Voting no; Sweet B-6: Ordinance No. 346-77 - Increasing Revenues/Appropriations - Library Mayor Elson read Ordinance No. 346-77 by title only. "An ordinance of the Council of the City of Kenai, Alaska increasing estimated revenues and appropri- ations in the General Fund in the amount of $301 for library books and materials." Mayor Elson advised that these monies were derived ftom donations received from patrons of the library. Mayor Elson opened the hearing to the public. There was no public comment. 14 L j KENAI CITY COUNCIL, REGULAR MEETING, JUNE 15, 1977 Page 6 MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for adoption of Ordinance No. 346-77, increasing estimated revenues and appropriations in the General Fund in the amount of $301 for library books and materials. Motion passed unanimously by roll call vote. B-7: Ordinance No. 349-77 - Ratifying Purchase of Lift Station Pumps and Declaring an Emergency Mayor Elson read Ordinance No. 349-77 by title only. "An ordinance of the Council of the City of Kenai ratifying the purchase and installation of lift station pumps, authorizing expenditure of $10,000 from reserve for water and sewer capital improvements, and declaring an emergency." Mayor Elson opened the hearing to the public. There was no comment on the Ordinance. MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, for Introduction of Ordinance No. 349-77, ratifying the purchase and installation of lift station pumps, authorizing expenditure of $10,000 from reserve for water and sewer capital improvements, and declaring an emergency. Councilman Ambarian stated he objected to use of funds for repair, purchase and installation of pumps when the funds had been set aside for capital improvements. Councilwoman Glick inquired if all avenues of funding had been explored and Mr. Wise responded that due to the end of the fiscal year, the funding procedure was made on that basis. QUESTION: Motion passed by roll call vote. Voting yes; Glick, Morgan, Whelan, Ackerly, Sweet, and Elson. Voting no; Ambarian. Mayor Elson opened the hearing to the public for their comment. There was no response from the public. MOTION: Councilman Sweet moved, seconded by Councilman Whelan, for adoption of Ordinance No. 349-77, ratifying the purchase and installation of lift station pumps, authorizing expenditure of $10,000 from reserve for water and sewer capital improvements, and declaring an emergency. Mayor Elson stated he realized the immediate need to rectify the problem, however, it was in his opinion that the ordinance could have been better tj prepared to define the dollar amounts. KENAI CITY COUNCIL, REGULAR MEETING,JUNE 15, 1977 Page 7 } Councilman Ambarian stated that he would again vote no against the ordinance j due to the funding procedure. i� Councilman Morgan inquired as to where the funds might come from and Mayor Elson advised that the City could show a defict in the Water/Sewer '. fund which would then have to be subsidized by the General Fund in order to make up this deficit. Councilman Morgan stated he would have to also vote against adoption of the ordinance as he felt the funds should come out of the General Fund. Mr. Wise suggested the ordinance be amended deriving funding from a more appropriate source. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, to amend Ordinance No. 349-77, as follows: First paragraph - ....authorizing expenditure of $10,000 in excess of current appropriations from reserve for Water & Sewer Capital Improvements..... Delete paragraph six in its entirety. Paragraph seven - to read as follows: Whereas, an ordinance is required to authorize expenditures of such monies. Delete Section 3 in its entirety. Add the following in Section 4 - The following authorization for expenditure in excess of current appropriations is hereby made..... and amending such source of funding to read as follows: Water/Sewer - Service Equipment and Machinery - $10,000. Amendment passed by roll call vote with Councilman Ambarian not present for voting. QUESTION - MAIN, AS AMENDED Passed unanimously by roll call vote with Councilman Ambarian not present for voting. C. PERSONS PRESENT SCHEDULED TO BE HEARD C-1: Members, Kenai Fire Department Richard McGrady, representing members of the Kenai Fire Department, advised Council that his group felt they were not being compensated in accordance with their assigned duties and also felt their salary structure should be more compatible with those of the Police Department. The members of the Fire Department would, therefore, request the following changes be considered in the proposed Classification Plan and Pay Plan: Change a Fire Captain's grade to 17, a Fire Engineer to 15, and a Fire Fighter to 14. Also, Mr. McGrady requested consideration to amend Section B to include a one (1) hour call out time minimum for the Fire Department. II I 7 ,'11*s i KENAI CITY COUNCIL, REGULAR MEETING, JUNE 15, 1977 Page 9 Mr. Wise advised that according to the new personnel ordinance, overtime would be time and a half for regular work days and double time for all holidays. Councilman Morgan stated he could see the reasoning for a minimum one hour call out time and would like to see additional staffing in the Fire Department, however, the City cannot afford the additional staffing at this time. Councilman Morgan suggested that the City work diligently on building up the volunteer fire department. Mayor Elson stated that he felt the Fire Department personnel had brought out some very viable grievances which the Council did realize existed. However, the procedure now would be for Administration to make their recommendations to Council and address the situation at that time. C-2: C. R. Baldwin representing Copper Valley Machine Works, Inc. Mr. Baldwin came before Council on behalf of his client, Copper Valley Machine Works, Inc., to request further Council consideration on their proposal for a long-term lease of the City nock and adjacent lands before Council made a final commitment. Mr. Baldwin advised that his client proposed to construct facilities which would provide for increased transpor- tation services to the public, a marine repair facility for the public, docking and wharfage facilities for the public, and warehousing facilities for the public. Council was advised that Mr. Tom Waterer, representing Salamatof Seafoods was also on the agenda and Mr. Waterer would speak in behalf of his proposal to lease the facility. C-3: Kenai Realtors Mrs. Gail Glad, representing real estate brokers in Kenai, proposed that Council consider their handling of brokerage of City owned lands. Mrs. Glad submitted a proposal covering six points that they felt necessary to negotiating terms with the City. 1) Brokerage fees would be 10% 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 with regards to advertising, promotion, etc. 3) Prospective lessors post a performance deposit in -lieu of the return of title within a year as part of the lease. The amount of deposit and length of time would 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. 5) It is recommended that the City actively pursue the release of lards for fee simple sale rather than lease other than lands contiguous to the airport. 6) Listing to be to brokers within the City of Kenai. However, all City brokers are to co - broker with out-of-town brokers. I KENAI CITY COUNCIL, REGULAR MEETING, JUNE 15, 1977 Page 9 Councilman Morgan stated he did feel that the City should not be in the land business. Mayor Elson asked if Council objected to referring this matter to the Planning & Zoning Commission for their comments -- there was no objection. C-4: Kenai Chamber of Commerce Mr. Jim Payne, President of the Kenai Chamber of Commerce, spoke in support of the realtor's proposal. Mr. Payne also suggested that the brokerage of City owned lands also be opened to Soldotna realtors as well as Anchorage realtors. Mr. Payne further stated he felt there was a need for some type of incentive for the professionals in the real estate business to "sell/lease" the City owned lands to prospective builders and developers. C-5: Tom Waterer - Salamatof Seafoods Mr. Waterer stated that his firm had a specific proposal and he was vitally concerned that they be granted access to the facility as soon as possible. Mr. Waterer further stated that there might be better deep water facilities available for purposes as outlined in the other proposal. Mr. Waterer did state that his firm would give serious consideration to the additional benefits derived from other uses of the facility in the very near future. At this time, Ordinance No. 336-77(A) was brought back to the table for consideration. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, to amend Ordinance No. 336-77(A) by raising the Fire Captain to. Grade 17 and Fire Engineer grade to 15. Motion passed unanimously by roll call vote. MOTION: Councilman Whelan moved, seconded by Councilman Sweet, to amend Section 2, B-3, of Ordinance No. 336-77(A) to read that all classified employees shall have an anniversary date of July 1st. Motion passed unanimously by roll call vote. Couneil asked for clarification of the position in question in the Finance Department and were advised by Ross Kinney, Finance Director, that Council had determined in budget work sessions that the position would be "held" until such time that the salary came back within classification and pay plan. Mr. Wise suggested that the position be given a BB grade which would make the position eligible for cost of living increase but not merit increase. k. ' KENAI CITY COUNCIL, REGULAR MEETING, JUNE 15, 1977 Page 10 MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, to amend Ordinance No. 336-77(A) to include that no City employee not be eligible for cost of living raise and that no City employee not be eligible for consideration of merit increases. Mayor Elson stated he felt this amendment would destroy the entire concept of the pay plan. Councilman Sweet stated he felt that no employee should be discriminated against with regard to a cost -of -living increase and if an 'i employee is doing a good job, they should be eligible for a merit increase. Councilman Ambarian stated that Council, in the past. had tried to equalize the salaries and pay the employees for the job their were performing. Mayor Elson stated that there has never been a question of the loyalty and the integrity of the employee's work performance. The problem that did arise, Mayor Elson further reported, was that two years ago it was determined that each position had a certain value and at that time the employee's in question salary exceeded that set value. Councilman Whelan stated he felt that Council could not destroy the pay plan, however, this situation did demand immediate attention from Council and a workable solution. Councilman Sweet withdrew his motion. MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, to amend lI Ordinance No. 336-77(A) to make the following positions: 204 - Accountant I, Grade 10 and 205 - Accountant II, Grade U. k !!; Motion passed by roll call vote. Voting yes; Glick, Whelan, Ackerly, Sweet and Elson. Voting no; Morgan and Ambarian. i MOTION: Councilman Whelan moved, seconded by Councilman Morgan, to amend Ordinance No. 336-77(A) to include the following salaries for the following positions: City Manager - $35,000; City Attorney - $30,100 and City Clerk - j $20,000. Councilman Ambarian objected to City Clerk's salary of $20,00 and would, therefore, vote no on the entire motion. MOTION: Councilman Sweet moved, seconded by Councilman Morgan, to separate the City Clerk from the other positions in voting. Motion passed unanimously F 6- N R :a 1 s KENAI CITY COUNCIL, REGULAR MEETING, JUNE 15, 1977 Page 11 ,-1 Councilman Whelan reaffirmed that the duties of the City Clerk have changed and it is no longer a clerical position. Councilman Whelan '' further stated in his findings, other clerk positions in the Borough 1' with smaller populations than Kenai justify the reasonsing for the increase a; in the Clerk's salary. Councilman Sweet stated that he was violently opposed to any tenure being taken into consideration and felt that proposed salary range of $18,500 provided for a raise in excess or higher than the normal cost of living and merit increase given overall. QUESTION - CLERK'S SALARY Passed by roll call vote. Voting yes; Morgan, Whelan, Ackerly and Elson. I Voting no; Glick, Sweet and Ambarian. QUESTION - CITY MANAGER & CITY ATTORNEY SALARIES Motion passed unanimously by roll call vote. I MOTION: i Councilman Ambarian moved, seconded by Councilman Sweet, that effective i date of this ordinance shall be July 15 not July 1st as ordinance does not make provision for emergency effective date. Councilman Ambarian, with consent of second withdrew his motion. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, to amend Ordinance No. 336-77(A) to declare an emergency with an effective date of the ordinance to be July 1st. Motion passed unanimously by roll call vote. PUBLIC HEARING Mayor Elson opened the hearing to the public. There was no public comment. MOTION: Councilman Whelan moved, seconded by Councilman Sweet, for adoption of Ordinance No. 336-77(A), amending the personnel regulations of the City of Kenai by adding thereto a classification plan and a pay plan, as amended. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to raise the Fire Fighter grade to 14. , Councilman Sweet spoke in opposition. Councilman Whelan stated he felt that no changes should be made until such time the City Manager has reported back to the Council as so directed earlier in the meeting. to It_ KENAI CITY COUNCIL, REGULAR MEETING, JUNE 15, 1977 Page 12 Councilman Ambartan stated he felt this would aid in giving the City Manager additional input in negotiations. QUESTION - AMENDMENT, FIRE FIGHTERS Motion passed by roll call vote. Voting yes; Glick. Amberian, Whelan & Elson. Voting no; Morgan, Ackerly and Sweet. MAIN, AS AMENDED Motion failed by roll call vote (requires 5 affirmative votes to pass) . Voting yes; Glick, Whelan, Ambarian and Elson. Voting no; Morgan. Ackerly and Sweet. After discussion, the following action was taken: MOTION: Councilman Sweet moved, seconded by Councilman Ackerly, for reconsideration of Fire Fighters Grade. There was no objection to reconsideration. MOTION: Councilman Whelan moved, seconded by Councilman Sweet, to rescind the change from Grade 13 to 14 for Fire Fighters. Motion passed by roll call vote. Voting yes; Glick, Morgan, Whelan, Ackerly, Sweet and Elson. Voting no; Ambarian. MAIN MOTION - REQUIRES AFFIRMATIVE VOTE OF 5 FOR PASSAGE Motion passed by roll call vote. Voting yes; Glick, Morgan, Whelan, Ackerly, Sweet and Elson. Voting no; Ambarian. D. MINUTES D-1: Minutes of the regular meetinFe of June 1, 1977 Approved as distributed D-2: Minutes of the special meeting of June 8. 1977 Approved as distributed E. CORRESPONDENCE E-1: American Legion Post #20 American Legion Post #20 requested Council permission to sell beer at their annual 4th of July celebration to be held on the green strip by the Chamber of Commerce. No objection from Council IL _-_�-.�-_-�_-r - -- - T yr--- �-- - -� -.rT � -�- '�-- -^�---••-�--_�. j KENAI CITY COUNCIL, REGULAR MEETING, JUNE 15, 1977 Page 13 E-2: Herman a Irene Fandel Mr. and Mrs. Fandel requested installation of two street lights on Lawton between Rogers Rd. a Tinker Lane for purposes of safety. i Council directed Admistration to determine costs and bring back to Council for further consideration. E-3: Mrs. James Odham Mrs. Odham requested repurchase of her parcel that had been foreclosed upon by the Borough. City Attorney Williams advised that there is no right to repurchase once the property has been sold. City Attorney Williams further advised that she has determined that proper notificaton was sent to the original owner and asked for Council direction. Council directed that Mfrs. Odham be advised that the property had been sold and they could not, therefore authorize repurchase by her. E-4: B. E. Canson, Jr. Mr. Canson asked for assistance from the City in helping alleviate some of the problems caused by the heavy traffic load on Tinker Lane due to the opening of the new Oiler field. MOTION: Councilwoman Glick moved, seconded by Councilman Sweet, that the Street Department be directed to make Tinker Lane a top priority project to help alleviate some of the problems caused by the increased traffic flow. I There was no objection from Council F. OLD BUSINESS F -l: Ordinance 341-77 - Dedicating Proceeds of Land Sale j Mayor Elson read Ordinance 341-77 by title only. "An ordinance of the Council of the City of Kenai establishing a special revenue fund entitled "Capital Improvement Fund" and dedicating proceeds of land sales to such fund." MOTION: Councilman Morgan moved, seconded by Councilman Sweet, to bring Ordinance No. 341-77 off the table. There was no objection. f MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for introduction p 4 of Ordinance No. 341-77, establishing a special revenue fund entitled "Capital Improvement Fund" and dedicating proceeds of land sales to such fund. a I KENAI CITY COUNCIL, REGULAR MEETING, JUNE 15, 1977 MOTION: Page 14 Councilman Morgan moved, seconded by Councilman Whelan, to amend Ordinance 341-77 by adding the phrase "with a life expectancy of not less than 20 years" to the first Whereas paragraph and also the same phrase added to Section 9. QUESTION - AMENDMENT Motion passed by roll call vote. Voting yes; Glick, Morgan, Whelan, Sweet, Ambarian and Elson.. Voting no; Ackerly. QUESTION - MAIN, AS AMENDED Motion passed unanimously by roll call vote. F-2: Assignment of lease - K. D. Blacheras to Charles & Roberta Crabaugh Administration advised that Mr. Crabaugh requested an extension of development time on the lease assigned him from K. D. Macheras for Lot 1-A, Deshka Subdivision. MOTION: Councilman Sweet moved, seconded by Councilman Ackerly for approval of assignment of lease from Konstantinos D. Ntacheras to Charles J. and Roberta J. Crabaugh with an extension of two years for development on Lot 1-A, Deshka Subdivision. Motion passed unanimously by roll call vote. F-3: Resolution No. 77-76 - Retaining consulting engineering firm Mayor Elson read Resolution 77-76 by title only. "A resolution of (the Council of the City of Kenai retaining a consulting engineering firm for engineering design work on various proposed street, airport and water and sewer improve- ment projects." MOTION: Councilman Whelan moved, seconded by Councilman Sweet, for adoption of Resolution No. 77-76, retaining a consulting engineering firm for engineering design work on various proposed street, airport and water and sewer improve- ment projects and inserting the name of Wince-Corthell & Associates in all applicable areas within the resolution. Motion passed by roll call vote. Voting yes; Glick, Morgan, Whelan, Ackerly and Sweet. Voting no; Ambarian and Eldon. I I I i KENAI CITY COUNCIL, REGULAR MEETING, JUNE 15, 1977 Page 15 ! F-4: Lease of Dock Facility & Adjoining Lands/Salamatof seafoods, Inc. i. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of permit for use of dock facility and agreement to lease dock facility and adjoining lands with Salamatof Seafoods, Inc. for the period from June 16th :! through the 15th day of September Councilman Sweet stated by this action the Council would be going against the Harbor and Planning Commissions. Councilman Whelan stated he too felt that Council should not go against the recommendations of the Harbor and Planning Commissions. Councilman Whelan also inquired as to Air Baldwin's letter as to the legality of use. City Attorney Williams advised that the agreement would be submitted to the Bureau of Land Management for their review and approval before finalization. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, to amend the motion as follows: Paragraph 1 - delete last sentence; paragraph 5 - delete in its entirety; paragraph 6 - delete in its entirety; paragraph 9 - to insert the following phrase: "In the event a long term lease with the Permittee is not entered into......." . -� Motion failed by roll call vote. Voting no; Glick, Morgan, Whelan, Ackerly, Ambarian and Elson. Voting yes; Sweet MOTION: Councilman Ambarian moved to amend, seconded by Councilman Sweet, that the long term agreement will include a paragraph 10 entitled "Rent Escalation" as it appears verbatim in the standard City lease form. Motion passed unanimously by roll call vote. A- MAIN. AS AMENDED Motion passed by roll call vote. Voting yes; Glick, Whelan, Ambarian and Elson. Voting no; Morgan, Ackerly and Sweet. ADJOURNMENT - 12:30 p.m. At this time, Council unanimously agreed to adjourn and reconvene the meeting at 6:00 p.m., Thursday, June 16, 1977 in the Public Safety Building. Respectfully submitted, S C. Peter, City Clerk two KENAI CITY COUNCIL - REGULAR MEETING JUNE 16, 1977 - 6:00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR JAMES ELSON PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Betty Glick, Richard Morgan,'Dan Whelan, Tom Ackerly, Ed Ambarian and James Elson. Absent: Walter Sweet F. OLD BUSINESS F-6 Proposal to Lease Airport Cafe a Bar - Mr. Paul Vadan Mayor Elson stated that the Council had had the opportunity to meet with Mr. Vadan earlier and all members had a copy of Mr. Vadan's proposal for lease of the Airport Bar and Cafe and suggested that the Council, City Manager, City Attorney, Police Chief and Finance Director adjourn to an executive session to review Mr. Vadan's proposal. MOTION: Councilwoman Glick moved, seconded by Councilman Ambarian, that the City Council adjourn to an executive session for the purpose of discussing the lease proposal of Mr. Paul Vadan because such discussion may reflect upon the character or reputation of Mr. Vadan. Motion passed unanimously by roll call vote. *Councilman Whelan in at this time. RECONVENE - 6:48 P.M. Mayor Elson asked if Council had any directives for Administration in the matter. Councilman Whelan stated that he felt the lease proposal, as presented, should be refined in some areas and made the following suggestions: Q) That a more definite time table be established for the improvements and alterations to the building. (2) That Mr. Vadan's partner, Dr. Bernard, be incorporated into the lease so that the performance and time table for improvements and alterations to guaranteed. F two KENAI CITY COUNCIL - REGULAR MEETING JUNE 16, 1977 - 6:00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR JAMES ELSON PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Betty Glick, Richard Morgan,'Dan Whelan, Tom Ackerly, Ed Ambarian and James Elson. Absent: Walter Sweet F. OLD BUSINESS F-6 Proposal to Lease Airport Cafe a Bar - Mr. Paul Vadan Mayor Elson stated that the Council had had the opportunity to meet with Mr. Vadan earlier and all members had a copy of Mr. Vadan's proposal for lease of the Airport Bar and Cafe and suggested that the Council, City Manager, City Attorney, Police Chief and Finance Director adjourn to an executive session to review Mr. Vadan's proposal. MOTION: Councilwoman Glick moved, seconded by Councilman Ambarian, that the City Council adjourn to an executive session for the purpose of discussing the lease proposal of Mr. Paul Vadan because such discussion may reflect upon the character or reputation of Mr. Vadan. Motion passed unanimously by roll call vote. *Councilman Whelan in at this time. RECONVENE - 6:48 P.M. Mayor Elson asked if Council had any directives for Administration in the matter. Councilman Whelan stated that he felt the lease proposal, as presented, should be refined in some areas and made the following suggestions: Q) That a more definite time table be established for the improvements and alterations to the building. (2) That Mr. Vadan's partner, Dr. Bernard, be incorporated into the lease so that the performance and time table for improvements and alterations to guaranteed. 9 e I KENAI CITY COUNCIL - REGULAR MEETING Page 2 JUNE 16, 1877 - 6:00 p.m. (3) Since the amount of the lease is based on gross receipts, that the City be allowed to conduct its own audit on gross receipts. Mayor Elson stated that this was not a lease under consideration and that the proper approach would be for the Council to notify Mr. Vadan that they had directed Administration to prepare a lease for Council consideration. Councilman. Ambarian stated that he was in agreement with the comments made and stated'hat Council should make a motion expressing approval or disapproval of the proposal. MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, that the Council direct the City Administration to continue negotiations with Mr. Vadan, with the hope that Council would eventually approve such application, with the suggestions made by Councilman Whelan included. Motion passed by roll call vote. Voting yes: Glick, Whelan, Ackerly, , Ambarian and Eisen. Voting no: Morgan. Councilman Morgan asked if the sketch mentioned in the proposal was of the Terminal as it now exists or after the proposed alterations. Mr. Wise stated that it was as it now exists. Mayor Elson appointed Councilman Ackerly and Councilman Whelan to a committee to work with Administration on further negotiations with Mr. Vadan. Councilman Whelan advised that he would be out of town for one week, beginning July 2nd, and asked if this would interfere with his appointment. Mayor Elson stated that it would not. Councilman Ambarian acknowledged receipt of a proposal received from Brian and Nancy Peck for lease of the Airport Cafe and Aar at this time and requested that such proposal be reviewed under "Persons Present Not Scheduled to be Heard". There being no objection, Mayor Elson so directed. G. NEW BUSINESS 0-1: Bills to be Paid - Bills to be Ratified MOTION: Councilwoman Glick moved, seconded by Councilman Ambartan, for approval of those items listed for disbursement and ratification as of 6/15/77. Motion passed unanimously by roll call vote. l KENAI CITY COUNCIL - REGULAR MEETING JUNE 16, 1977 - 6: 00 p.m. Page 3 G-2: Ordinance 347-77 - Special Revenue Fund "Kenai Sr. Citizen Project" i; Mayor Elson read Ordinance No. 347-77 by title only. "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." Mr. Wise stated that the Council had previously discussed the budget for Title III and Title VII of the Kenai Senior Citizen Project and had passed a resolution authorizing application for grants. Since that time, the City has been notified that the grant amount for Title III is $26,500 and the grant amount for Title VII will be much less than anticipated. Therefore, the two programs that we had have to be revised. This account is basically to meet the needs of the Council on Aging. The budget for Title VII is In the process of being reworked and will be presented to Council separately. MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, for Introduction of Ordinance No. 347-77, establishing a special revenue fund entitled "Kenai Senior Citizen Project" by increasing estimated revenue and appropriations in the amount of $35,600. Motion passed unanimously by roll call vote. :t G-3: Ordinance No. 348-77 - Authorizing Purchase of Used ARotor Grader Mayor Elson read Ordinance No. 348-77 by title only. "An ordinance of the City of Kenai authorizing purchase of a used motorgrader and appropriating funds from federal revenue sharing for such purchase." Mr. Kinney stated that federal law requires establishment of a special revenue fund to record receipts and disbursements of federal revenue sharing. A public hearing was held by the City Council which established the need to purchase equipment with these funds and as proper accounting practice is that all appropriations of City money be made by Ordinance, we must appropriate the monies from the federal revenue sharing trust fund to the proper fund and account within that fund for the expenditure of the monies. Our entitlement for the period of January 1 through September 30, 1977 is approximately $98,000 and after this appropriation of $75,000, the balance will be approximately $23,000. Mayor Elson asked why this particular grader was chosen. Mr. Wise stated that this was a Cat Model 120 which N. C. Machinery had for sale after only 304 hours of usage. The grader is to excellent condition, has all standard equipment and the tires had been replaced to make it E`. suitable for usage in this area. A new purchase, regardless of make or model, would cost between $100,000 and $150,000. This piece of equipment is immediately available and odequately meets the City's needs at a reduced cost. KENAI CITY COUNCIL - REGULAR MEETING JUNE 16, 1877 - 6: 00 p.m. Page 4 Mayor Elson asked what type of warranty would be supplied on this particular grader. Mr. Aber stated that the warranty would be 50/50, i� for a period of 12 months, with the City supplying labor and N. C. 1 Machinery supplying parts. i Councilman Whelan asked why purchase of a grader had been chosen over other pieces of equipment. Mr. Aber advised that the grader was badly needed. The trucks presently being utilized for grading are not made for this function; therefore, repair costs are high. The City presently has two graders, which are not adequate for the mileage which the City has. The purchase of the new grader would enable the City to release the trucks now being used in this capacity for other purposes for which they are better equipped. Mayor Elson asked about the maintenance costs on the graders which the City presently has. Mr. Kinney advised that he did not have exact figures at this time, but the maintenance costs had been extremely high. One grader had cost the City $40,000 in maintenance during, the past year. Councilman Whelan asked what the balance would be in this account if this expenditure was made. Mr. Wise advised that the balance would be approximately $23,000. Councilman Whelan asked what type of warranty there would be on a new grader. Mr. Aber advised that normally the warranty was 80%. Mayor Elson asked for the City Attorney's opinion regarding the purchase of the grader without advertising for bids. Ms. Williams stated that the j Ordinance is written showing there is only one supplier, which satisfies the bidding requirement. Mr. Wise stated that he did not see how used equipment could be bid. Councilman Whelan asked for Ms. Williams legal opinion in the matter. Ms. Williams stated that she felt that the Council can make exception to competitive bidding; therefore, this would be for the Council to determine. Mr. Aber advised that he would like to purchase a Cat grader because they have many advantages over other graders made such as better visibility, high resole value and a non -rigid frame, and N. C. Machinery is the only supplier for this region. Councilman Morgan asked if suppliers in Anchorage had been contacted regarding this purchase. Mr. Aber stated that there was no Cat supplier in Anchorage, but he had requested price information from Anchorage suppliers. Councilman Morgan asked if he had inspected any of the equipment available in Anchorage. Mr. Aber advised that he had not. KENAI CITY COUNCIL - REGULAR MEETING JUNE 16, 1977 - 6:00 p.m. Page 5 Councilman Whelan asked if the other used graders encountered had more or less hours on them than the one available through N. C. Machinery. Mr, Aber advised that, as a rule, they had substantially more hours. MOTION: Councilman Ackerly moved, seconded by Councilwoman Glick, for introduction of Ordinance No. 348-77, authorizing purchase of a used motorgrader and appropriating funds from federal revenue sharing for such purchase. Motion passed unanimously by roll call vote.* *Councilman Ambarian was not present at the time of the question. G-4: Resolution No. 77-81 -- Transfer of Monies - Council on Aging Budget Mayor Elson read Resolution No. 77-81 in its entirety. "Be it resolved that the following transfer of monies be made within the 1976-77 general fund budget; from Council on Aging - Repair and Maintenance Supplies - $140 and Professional Services - $275, to Council on Aging - Communiciations - $395 and 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." MOTION: Councilman Whelan moved, seconded by Councilman Morgan, for adoption of Resolution No. 77-81, transfer of funds within the'Council on Aging budget in the amount of $415 in accordance with revised estimates of expenditures as reported to the Office on Aging of the State of Alaska. Motion passed unanimously by roll call vote. 0-5: Resolution No. 77-82 - Transfer of Monies - Parks & Recreation Mayor Elson read Resolution No. 77-82. "Be it resolved that the following transfer of monies be made within the 1976-77 general fund budget. From Parks & Recreation - Repair and Maintenance Supplies - $450 and Operating Supplies - $788, to Parks & Recreation - Salaries & Wages - $1,238. The purpose of this resolution is to transfer funds within the Parks and Recreation Budget in order to employ additional temporary personnel for a summer recreation and maintenance program." Mr. Wise advised that, in order to mak$ the Parks and Recreation Program operable, additional salaries would have to be provided for additional temporary employees, in accordance with memorandums received from the Parks and Recreation Director of which the Council had copies. MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, for adoption of Resolution No. 77-82, transfer of funds within the Parks and Recreation AN T r KENAI CITY COUNCIL - REGULAR MEETING JUNE 16, 1977 - 6:00 p.m. Page 6 budget in the amount of $1,238 in order to employ additional temporary personnel for a summer recreation and maintenance program. Motion passed unanimously by roil call vote. 0-6: Resolution No. 77-83 - Transfer of Monies - Airport Land Fund Mayor Elson read 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 - Miseellaneous - $1,000 and Rentals - $2,000, 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." Mr. Wise advised that he would like to survey the area near the Katmai Motel and the area near the Old Well Site, and would like to use this year's funds for the surveying and appraisal necessary on these two parcels. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for adoption • of Resolution No. 77-83, transfer of funds within the Airport Land Fund In the amount of $3,000 for appraisals and surveying. 0 w Motion passed by roll call vote. Voting yes: Glick, Morgan, Whelan, Ambarian and Elson. Abstaining: Ackerly. Mayor Elson asked Councilman Ackerly his reason for abstaining from the vote. Councilman Ackerly answered possible conflict of Interest. 0-7: Resolution No. 77-84 - Transfer of Monies - Printing & Binding, Non -Departmental Mayor Elson read Resolution No. 77-84. "Be it resolved by the Council of the City of Kenai, Alaska, that the following transfer of monies be made within the 1877-78 general fund budget. From Non -Departmental - Printing and Binding - $2,650, to Library - Printing and Binding - $2,650. The purpose of this resolution to to provide funding for the rental of a Xerox copying machine for the library for FY 1977-78." Mr. Wise stated that this resolution was a result of the budget hearing held in March, at which time it was the general consensus that the budget should be adjusted to provide for a coin-operated copying machine for the library to be used by the public. Administration feels that this resolution is appropriate at this time. Councilman Whelan stated that with the reserve in the printing and binding fund combined with the fact that the library could use it rather than the copying machine in the City Administrative Offices, he felt that the library should have a coin-operated copying machine available to the public. NIL I R r KENAI CITY COUNCIL - REGULAR MEETING JUNE 16, 1977 - 6:00 p.m. Page 7 :i With the income we would receive from usage of the machine by the general i public, the machine would pay for itself. He further stated that he would recommend that any non -City copying be done on the coin-operated machine j: rather than the machine located in the City Administration Offices. i MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, for adoption ;I of Resolution No. 77-84, transfer of funds within the 1977-78 general fund budget, to provide funding for rental of a Xerox copying machine for the library. MOTION, AMENDMENT: Councilman Morgan moved, seconded by Councilman Whelan, for amendment to the Resolution as follows: Second to last paragraph to read as follows: "The purpose of this resolution is to provide funding for the rental of a i coin-operated Xerox copying machine for the library for FY 1977-78." Councilman Ambarian asked if Xerox provided the lowest rates. Mr. Kinney advised that there were copying machines which we could rent at a lower rate; however, we must consider the supplies we would have to purchase for a different type of machine. As the other City departments have Xerox copying machines, we will be able to save money by purchasing ipaper, toner, etc. in bulk for all the City machines. Councilman Ambarian asked if the library had funds to install the proper outlet for the machine. Mrs. DeForrest advised that this particular machine would utilize a 110 outlet and the library was equipped with a 220 outlet. ;{ Therefore, the library already had the proper outlet available. QUESTION: Motion as amended passed unanimously by roll call vote. QUESTION - MAIN MOTION: j Passed unanimously by roll call vote. 0-8: Resolution No. 77-85 - Transfer of Monies - City Clerk Budget Mayor Elson read 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 is to transfer funds within the FY 1977-78 General Fund Budget to fund wage negotiations for the City Clerk. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, for adoption of Resolution No. 77-85, transfer of funds within the 1977-78 general fund J I I N KENAI CITY COUNCIL. - REGULAR MEETING JUNE 16, 1977 - 6:00 p.m. Page 8 "*A budget in the amount of $1,940 to fund wage negotiations for the City Clerk. Motion passed unanimously by roll call vote. G-9: Resolution No. 77-86 - Transfer of Monies - City Departments/ Printing & Binding Mayor Elson read 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 - $305, Police/Printing & Binding - $270, Fire/Printing & Binding - $300, Public Works Administration/Printing & 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 ." MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, for adoption of Resolution No. 77-86, transfer of funds within the 1976-77 general fund budget in the amount of $5,000 to reflect new estimates of duplicating costs. Motion passed unanimously by roll call vote. 0-10: Resolution No. 77-87 - Transfer of Monies - Airport n & M Mayor Elson read Resolution No. 77-87. "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 O & M special revenue fund budget. From Airport O & M/Salaries - $9,000, 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." MOTION: Councilman Ackerly moved, seconded by Councilwoman Glick, for adoption of Resolution No. 77-87, transfer of funds within the 1976-77 Airport O & M Special Revenue Fund Budget in the amount of $9,000 to provide funding for overtime incurred by Airport O & M employees. Motion passed unanimously by roll call vote. 0-11: Resolution No. 77-88 - Transfer of Monies - Public Works Administration/ Street Maintenance Mayor Elson read 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/ f Salaries - $6,000 and 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 Administration and Public r KENAI CITY COUNCIL - REGULAR MELTING JUNE 16, 1977 - 6:00 p.m. Page 9 Works Street Maintenance, and within the Public Works Street Maintenance Department to provide funding for Public Works Street Maintenance salaries," MOTION: Councilwoman Glick moved, seconded by Councilman Ackerly, for adoption of Resolution No. 77-88, transfer of monies within the 1976-77 general fund budget in the amount of $10,500 to provide funding for Public works Street Maintenance salaries. Councilman Ambarian asked how this was created. Mr. Kinney advised that both this resolution and the preceding resolution are a result of budgeting one person full time in the Airport O & M fund and four persons full time in the Street Department. AA overtime was in the street department budget. Rather than submitting an Ordinance transferring funds between the general fund and the Airport O & M fund, these two resolutions eliminate the problem and transfers from the general fund and the Airport O & aA will be adjusted accordingly. QUESTION: Motion passed unanimously by roll call vote. 0-12: Resolution No. 77-89 - Authorizing Use of FAA housing Area Lands Mayor Bison read Resolution No. 77-89. "A resolution of the Council of the City of Kenai, Alaska, authorizing use of FAA lands as sites of volunteer fire department circus and Chamber of Commerce Wally Byam 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 that approval to 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." MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, for adoption of Resolution No. 77-89, authorizing 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 (Nally Byam Caravan July 7th - 10th. Councilman Ambarian asked who would be responsible for clean-up of the area after the two events. , Mayor Elson advised the City Administration to make certain that the City had an agreement with the circus making them responsible for cleanup of the area and holding the City harmless from any suits, etc. He further advised that the Wally Byam Caravan will need to hook up to City water and that the City should make certain that this is available. 1' y KENAI CITY COUNCIL - REGULAR MEETING JUNE 16, 1977 - 6: 00 p.m. Page 10 _ The Chamber of Commerce would be responsible for cleanup of the Wally i Byam Caravan. QUESTION: Motion passed unanimously by roll call vote. 0-13: Resolution No. 77-90 - Rejecting Bids for Sr. Citizen Nutritional Program Mayor Elsoh read Resolution No. 77-90. "A resolution of the Council of the City of Kenai, Alaska, rejecting bids 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 was considerably less - - $30,000, and, Whereas, while there are some possibilities 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." MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, for adoption of Resolution No. 77-90, rejecting bids opened June 7, 1977 for the Title Vii Senior Citizen Nutritional Program services. MOTION, AMENDMENT: Councilman Ambarian moved, seconded by Councilwoman Glick, for amendment to the resolution as follows: Second paragraph to read as follows: "Whereas, the grant authorized is $30,000, considerably less, and. . ." QUESTION: Motion as amended passed unanimously by roll call vote. QUESTION - MAIN MOTION: Motion passed unanimously by roll call vote. G-14: Resolution No. 77-91 - Accepting Grant Funds/Sewerage Project C-020077 Mayor Elson read 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 U. S. Environmental Protection Agency and $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. 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 providd 12.5% funding of estimated 4 V_ — KENAI CITY COUNCIL - REGULAR MEETING JUNE 16, 1977 - 6: 00 p.m. Page 11 .1 "N eligible costs of $73,400 of this some 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, l Alaska, that the grant from the U. S. Environmental Protection Agency of $55,050, and that the grant of $9,175 or 500 of the non-federal share of the total eligible project costs, whichever is less, from the State of Alaska, i, Department of Environmental Conservation for Step 1 of Kenai Sewerage Project C-020077 is hereby accepted." MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, for adoption of Resolution No. 77-91, accepting the grant from the U. S. Environmental Protection Agency of $55,050, and 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. Councilman Morgan asked for clarification of the program. Mr. Wise stated that the program provided for repairing and upgrading of our sewer system, as well as design and a construction program. Mr. . Wise further stated that the City would begin on the program as soon as the grants were accepted. Mayor Elson asked what the City's share in the cost of the program would be. Mr. Wise advised it would be approximately $12,000. QUESTION: Motion passed unanimously by roll call vote. 0-15: EPA Sewer Treatment Plant - Discussion Me. Williams advised that the City had been notified of 55 violations in their sewer treatment plant by EPA after an inspection made by them on February 23, 1977. Me. Williams advised that she would like for the Council to discuss paying the fine levied in the amount of $5,000. Mayor Elson stated that he has written a letter to Senator Stevens office in this regard. Senator Steven's office feels that this fine is somewhat high and is researching the matter. Mayor Elson asked Me. Williams if the Council could postpone responding to EPA's statement. No. Williams suggested that the Council submit a counter proposal as to what kind of penalty the.City would be willing to pay. The City is clearly in violation. Councilman Whelan asked if the City was in violation of their own standards for the Sewer Treatment Plant. Mr. Aber advised that there were some definite problems in the Plant. The flows are over capacity, but the percentage of removal is very good. L - KENAI CITY COUNCII. - REGULAR MEETING JUNE 16, 1977 - 6:00 p.m. ---- —. - - 1�""'�"` ,41iA17�11r+Y^ • IIII 111111. IlJl�lln� Page 12 Councilman Morgan stated that he felt the amount of the penalty was extremely high. Ms. Williams advised that EPA could only site two examples 1 of fines levied in this region - in the amounts of $250 and $750. Councilman ` Morgan stated that he felt the City should object to the penalty levied. J, f� Mr. Wise stated that the current City permit is one-half of the national standard. He suggested that the Council make a counter -proposal of $100. Mr. Wise further stated that several points had been omitted by EPA in this matter - the Plant was approved by EPA in 1973 and then found to be inadequate in 1974. Mayor Elson asked if payment of the penalty would be an admission of guilt on the City's part. Ms. Williams advised that it would be, but the City is clearly in violation. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, that the Council direct City Administration to make a counter offer of $100 and submit a letter to EPA objecting to the way this matter is being handled. Motion passed unanimously. 0-16: Payment - Kenai Airport MaMerplan Study Mr. Wise advised that the City had received a progress billing from Nixon/Farr, consultants on the Airport Master Plan Study, in the amount of $6,859.61 for all work through April 30, 1977. r ` Councilman Ackerly asked when the study would be completed. Mr. Wise advised that it should be complete this Fall and that representatives from the consulting firms would be in Kenai on July 14th to meet with the Airport Advisory Committee and any other interested parties. The Council is invited to attend that meeting. MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, for approval 1 I of payment to Nixon/Farr in the amount of $6,859.61 for all work through April 30, 1977. Motion passed unanimously by roll call vote. _ 0-17: Lease of Airport Lands or Facilities - Avis Rent-A-Car j Mr. Wise advised that this was simply a new lease for the space which Avis currently occupies in the Airport Terminal, as their lease had expired. I j MOTION: i Councilman Morgan moved, seconded by Councilman Whelan, for approval of lease of Counter Space #28 and eighteen square feet of cargo space in k- W N FA KENAI CITY COUNCIL - REGULAR MEETING JUNE 16, 1977 - 6: 00 p.m. Page 13 the Kenai Municipal Airport Terminal by Avis Rent-A-Car for the period July 1, 1977 through June 30, 1978. Motion passed unanimously by roll call vote. G-18: Resolution No. 77-92 - Transfer of Monies - Public Works Department Budget Mayor Elson read Resolution No. 77-92. "Be it resolved by the Council of the City of Kenai, Alaska, that the following transfer of monies be made in the 1976-77 general fund budget. From Public Works - Administration/ Salaries & Wages, to Public Works - Streets/Alaehinery & Equipment. 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." MOTION: Councilwoman Glick moved, seconded by Councilman Ackerly, for adoption of Resolution No. 77-92, transfer of funds within the 1976-77 general fund budget in the amount of $1,175, to transfer funds between Public Works Administration and Public Works Streets to provide the balance necessary to purchase a sign baking machine. Motion passed unanimously by roll call vote. 0-19: Payment Estimate No. 8 - Interstate Company, Inc. - EDA Water Project No. 07-01-01684 Mr. Wise advised that the estimate was not complete as the change orders were not included; however, this did not effect the balance due. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, for approval of Payment Estimate No. 8 from Interstate Company, Inc. for HDA Water Project No. 07-01-01684, in the amount of $13,500. Councilman Whelan asked for a report on the well. Mr. Aber stated that the testing has been completed. They are currently working on the designs so that the pumps can be ordered. The draw -down is somewhat more than they had anticipated. The driller is removing his equipment from the site at this time and once this' is completed construction of the well house will be started. The electricians are almost through with the wiring. Councilman Whelan asked how the new well was affecting the other wells. Mr. Aber stated that it did not appear to be affecting the pressure. The pressure appears to be more in accordance with the tides than with our wells. B KENAI CITY COUNCIL - REGULAR MEETING JUNE 16, 1977 - 6:00 p.m. Page 14 ",__s Councilman Whelan asked the original completion date of the project. Mr. Aber stated that it was twelve months from award of the contract, making it sometime in October of this year. Mayor Elson asked if there was adequate time left in the original contract for completion of the project. Mr. Aber advised that there was providing that not too much trouble was encountered with Well No. 1. QUESTION: Motion passed unanimously by roll call vote. G-20: Recommendation of Appointment to Kenai Peninsula Borough Planning Commission Mayor Elson advised that the Kenai Planning Commission had recommended Betty Glick for appointment to the Borough Planning Commission. Council voiced their approval of the appointment and Mrs. Glick accepted the appointment. H. REPORTS H-1: City Manager's Report City Manager's Report 020, a copy of which is attached, and therefore becomes an official part of the transcription of the proceedings of this meeting. In addition, Mr. Wise advised that the Title VII Sr. Citizen Nutritional Program would be suspended July 1, 1977 due to lack of funds. Mr. Wise also submitted Resolution No. 77-93 regarding the land sale held on July 15, 1977 for Council consideration. Mayor Elson read Resolution No. 77-93. "A resolution of the Council of the City of Kenai, Alaska, confirming the sale of Parcel No. 047-112-0600, Lot II, Block 2, East Addition to Original Townsite of Kenai. Whereas, the Church of the New Covenant was the successful bidder for the above property at a public outcry auction held July 15, 1977, and, whereas, bidder elected to pay the purchase price in cash at the time of sale. Now, therefore, be it resolved by the Council of the City of Kenai, Alaska, that the sale of Lot 11, Block 2, East Addition, Original Townsite of Kenai, (Parcel No. 047-112-0600) for the price of seventy-five dollars ($75.00) paid In one lump sum at the time of sale, is hereby confirmed and the City Manager and City Clerk are hereby authorized to execute the appropriate contracts and documents to effectuate such sale. No structure shall be placed on this parcel unless combined with surrounding lands." MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, for adoption of Resolution No. 77-93, confirming the sale of Lot 11, Block 2, East Addition, Original Townsite of Kenai, (Parcel No. 047-112-0600) for $75.00, and authorizing the City Manager and City Clerk to execute the appropriate `a contracts and documents to effectuate such sale. `i B KENAI CITY COUNCIL - REGULAR MEETING JUNE 16, 1977 - 6:00 p.m. Page 14 ",__s Councilman Whelan asked the original completion date of the project. Mr. Aber stated that it was twelve months from award of the contract, making it sometime in October of this year. Mayor Elson asked if there was adequate time left in the original contract for completion of the project. Mr. Aber advised that there was providing that not too much trouble was encountered with Well No. 1. QUESTION: Motion passed unanimously by roll call vote. G-20: Recommendation of Appointment to Kenai Peninsula Borough Planning Commission Mayor Elson advised that the Kenai Planning Commission had recommended Betty Glick for appointment to the Borough Planning Commission. Council voiced their approval of the appointment and Mrs. Glick accepted the appointment. H. REPORTS H-1: City Manager's Report City Manager's Report 020, a copy of which is attached, and therefore becomes an official part of the transcription of the proceedings of this meeting. In addition, Mr. Wise advised that the Title VII Sr. Citizen Nutritional Program would be suspended July 1, 1977 due to lack of funds. Mr. Wise also submitted Resolution No. 77-93 regarding the land sale held on July 15, 1977 for Council consideration. Mayor Elson read Resolution No. 77-93. "A resolution of the Council of the City of Kenai, Alaska, confirming the sale of Parcel No. 047-112-0600, Lot II, Block 2, East Addition to Original Townsite of Kenai. Whereas, the Church of the New Covenant was the successful bidder for the above property at a public outcry auction held July 15, 1977, and, whereas, bidder elected to pay the purchase price in cash at the time of sale. Now, therefore, be it resolved by the Council of the City of Kenai, Alaska, that the sale of Lot 11, Block 2, East Addition, Original Townsite of Kenai, (Parcel No. 047-112-0600) for the price of seventy-five dollars ($75.00) paid In one lump sum at the time of sale, is hereby confirmed and the City Manager and City Clerk are hereby authorized to execute the appropriate contracts and documents to effectuate such sale. No structure shall be placed on this parcel unless combined with surrounding lands." MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, for adoption of Resolution No. 77-93, confirming the sale of Lot 11, Block 2, East Addition, Original Townsite of Kenai, (Parcel No. 047-112-0600) for $75.00, and authorizing the City Manager and City Clerk to execute the appropriate `a contracts and documents to effectuate such sale. KENAI CITY COUNCIL •- REGULAR MEETING JUNE 16, 1977 - 6.00 p.m. Page 15 Motion passed unanimously by roll call vote. Mr. Wise further advised that EDA had recalled the figures released regarding Round 2 of the Local Public Works Act. $4 billion 30 million has been allocated to the State, but the appropriations to cities and boroughs within the State were not available yet. Councilman Ambarian asked about the contract the Parks and Recreation Program was negotiating with Kenai Central High School. Mr. Wise advised that this was a contract for use of the building and school grounds - there is no money involved. Councilman Morgan stated that he felt the City should build the auditorium and civic center if at all possible. At the time, it had to be rejected because the building could not be accepted and there were no funds available for the project. Councilman Morgan asked that the City Manager investigate the possibility of constructing the facility. Councilman Ambarian voiced opposition to constructing this sort of building. He would rather see the monies utilized to build new City offices if there were funds available for construction. The cost of maintaining a civic center and auditorium would be very high. The Council further discussed the possibility of constructing an auditorium and civic center and discussed various means of funding such a project. Councilman Ackerly was appointed by Mayor Elson to work with Admin- istration in this pursuit. H-2: City Attorney's Report As the City Attorney was not present at this time, there was no report. H-3: Mayor's Report Mayor Elson advised that he wished to appoint Mr. Art Knight to the Council on Aging. Council concurred in the appointment. Mayor Elson asked if the Council would have objection to revising the - regulations governing leave requests by Council employees (City Manager, City Attorney and City Clerk) , allowing them to take three days leave on the Mayor's signature alone and any leave exceeding three days on Council approval. There was no objection from the Council. j H-5: Finance Director's Report 'i ` Mr. Kinney requested that a special meeting of the'Council be called �� for June 29, 1977 for the purpose of approval of bills to be paid prior 1 i KENAI CITY COUNCIL - REGULAR MEETING j JUNE 16, 1977 - 6:00 p.m. Page 16 to the end of the 1976-77 fiscal year. 1 There was no objection to calling a special meeting for this purpose; therefore, Mayor Elson called a special meeting of the City Council for June 29, 1977, 7: 00 p.m., Kenai Public Safety Building. H-6: Planning & Zoning Commission's Report No report. H-7: Kenai Peninsula Borough Assembly's Report Mayor Elson reported on the Borough Assembly meeting of .Tune 14, 1977. Mr. Wise advised the Council that RCA contacted him regarding their proposed rate increase and will be meeting in his office at 8: 00 a.m. tomorrow morning. Any interested parties are invited to attend. Mr. Wise further stated that he has written a letter to Mayor Donald Gilman indicating that some 200 names were deleted from the personal property tax rolls and asked that the deletions be checked and reported upon. Copies of the letter will be distributed to Council members. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I-1: Proposal to Lease Airport Bar & Cafe: Brian and Nancy Peck Mr. Peek stated that he was submitting this proposal for lease of the Airport Bar & Cafe for the Council's review and consideration. Mr. Peak stated that the City had informed him that his new lease rate would be $ .87 per square foot and it would not be profitable to operate at that rate; therefore, he rejected the rate. The lease then expired and he was told that there was no further space available for expansion of the bar. Council disapproved the liquor license so it was necessary to close the bar and cafe. He requested that the Council review the proposal and advise him whether to close or reopen the bar and cafe. Mayor Elson asked if the back -monies would be paid if this proposal was approved. Mr. Peck stated that he would pay for the past fiscal year. fMr. Wise advised the Council that this proposal was received by him on May 24, 1977 but was not submitted to Council for review until this time at Mr. Peck's request. , j The Council acknowledged receipt of the proposal submitted by Mr. Peck and agreed to give it their consideration. ADJOURNMENT .f There being no further business of the Kenai City Council, Mayor Elson I� r — I` Sw Apo nlolm III I (IIAIM KENAI CITY COUNCIL. - REGULAR MEETING JUNE 16, 1977 - 6: 00 p.m. Page 17 adjourned the meeting of June 16, 1977 at 8:40 p.m. Respectfully submitted , Elena Horton, Acting City Clerk L AGENDA SPECIAL MEETING - KENAI CITY COUNCIL JUNE 29, 1.977 - 7:00 P.M. KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. NEW BUSINESS 1. Bills to be paid - bills to be ratified 2. Payment to Contractor - Forest Drive Water Line Project S. Payment for Professional Services Rendered - CH2M Hill 4. Payment for Professional Services Rendered - CH2M.H',:1 5. Payment to Contractor - Sewer Treatment Plant Project 6. ADJOURNMENT S NPW�111 I I ILMI.. ..IJ n k. KENAI CITY COUNCIL - SPECIAL MEETING .{ JUNE 29, 1977 - 7:00 P.M. KENAI PUBLIC SAFETY BUILDING VICE MAYOR RICHARD MORGAN PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present. Edward Ambarian, Dan Whelan, Betty Glick and Richard Morgan Absent: Tom Ackerly, Walter Sweet and James Elson 00 AGENDA APPROVAL The agenda was approved as distributed B. NEW BUSINESS B-1: Bills to be paid • bills to be ratified Vice Mayor Morgan inquired if all items were listed were budgeted and was advised by Finance Director, Ross Kinney, that all items with the exception of Machinery & Drill Steel which was part of the expenditure approved in excess of appropriations for emergency repair to the lift stations and payment to the Kenai Peninsula Borough for land sale proceeds, which was off -set by deposits of the purchasers of the land. MOTION: Councilman Whelan moved, seconded by Councilman Ambarian, for approval of bills listed to be paid and approval of ratification of those items as listed. Motion passed unanimously by roll call vote. B-2: Payment to contractor • Forest Drive Water Line Project Mr. Wise advised that $2,000 had been retained until such time the contractor had completed his phase of the project according to City specifications. The contractor had complied and this payment would close the project out. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of payment in the amount of $2,000 for work on the Forest Drive Water Line Project to PR&S, general contractors. Motion passed unanimously by roll call vote. i +-- - __ _ ., _ _ ' _____. _.• "-Md ■ uw n ML I J P, I ! !IL. 1. 11 1111 . 11 III KENAI CITY COUNCIL, SPECIAL MEETING, JUNE 29, 1977 Page 2 B-3: Payment for professional services rendered - CH2M Hill - April Statement B-4: Payment for professional services rendered - CH21k7 Hill - May Statement Mr. Wise advised that these statements were for professional services and expenses on the I/I Study for April and May, 1977. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of payments for the I%I Study through the 24th of April in the amount of $3,644.55 and through the 24th of May in the amount of $3,143.35 to C112M Hill. Motion passed unanimously by roll call vote. B-5: Payment to contractor - Sewer Treatment Plant Project Mr. Wise advised that this billing was for work performed on the Sewer Treatment Plant. MOTION: Councilman Whelan moved, seconded by Councilwoman Glick, for approval of payment to Kenai Electric & Mechanical in the amount of $3,014.90 for services performed on the Sewer Treatment Plant. Motion passed unanimously by roll call vote. ADJOURNMENT There being no further business to be brought before Council, the special meeting was adjourned at 7:15 p.m. Respectfully submitted, 93WC. Peter, City Clerk v- / The Bowing are items over $500.00 which need Council appr,—,1 or ratification: 7-6-77 VENDOR AMOUNT DESCRIPTION PROJECT/DEPT. A/C CHARGED AMOUNT Pop FOR APPROVAL: Kenai branen - LDS $ 1,938.00 Meals services Nutrition Program Professional Serv. 1,938.00 June PERB 11,209.42 Fhployee retrmt- General Fund Withholding Liability 10,139.97 June Water & Sewer 887.84 Airport Tem. 125.96 Airport M60 �j Department of Fish & Game 2,113.48 deal Fishing Central Treasury Revenue - I�ea� 2(233.00) Alaska Dept. of Revenue 3,767.27 State income tax withholding -June General Fund State inooma Tax w/h 3,767.27 Stats of Alaska, Div. of 31,509.27 FICA whitholdings General Ftud Withiwld1% Liability 27,855.98 Retiremast & Benefits Water & Sewer " 2,725.80 Term.Airport 333.80 Airport = " •' 208.05 Capital Projects " •, 385.64 Peteiidn Distributors 1,281.37 Food Nutrition Progren Operating Supplies 1,281.37 10649 F"ai utility Service Cusp. 945.76 Gas charges- Library Public Utilities 6.28 June 1977 Caimcil on Aging " " 14.69 Nutrition Program " '• 16.57 Police " " 42.41 Fire " " 84.19 PW Shop �; 126.15 Water & Sewer 477.31 Airport Terminal " " 178.16 Fx*wlm Real Estate Appraisal 1,250.00 Appraisal off Airport Lend Airport Lard 1,250.00 city �lland tatronaa beat of Alaska 17,798.90 �ldit� tax General Fad Feder 17,798.90 - � I i Sue C. Peter, City Clerk FIRST READING: July 6, 1977 SECOND READING: EFFECTIVE DATE: I ij CITY OF KENAI I ORDINANCE NO. 350-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISHING A SPECIAL REVENUE FUND ENTITLED "KENAI VOLUNTEER FIRE DEPARTMENT" AND INCREASING ESTIMATED REVENUES AND EXPENDITURES IN SUCH FUND BY $740. WHEREAS, the City of Kenai has received a donation of $740 from the Kenai Volunteer Fire Department; and WHEREAS, the Kenai Volunteer Fire Department has expressed a wish that these funds be used for the purchase of a flag pole for the Kenai Public Safety Building; and WHEREAS, proper accounting practice requires 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 City establish a special revenue fund entitled "Kenai Volunteer Fire - Department" and increase estimated revenues and appropriations in such fund as follows: i Increase Estimated Revenues: Donation received from Volunteer Fire Department $740.00 ` Increase Appropriations: f i Improvements other than buildings $740.00 • PASSED BY THE COUNCIL OF THE CITY OF KENAI this 20th day of July, 1977. i � I JAMES A. ELSON, MAYOR j ATTEST: Sue C. Peter, City Clerk FIRST READING: July 6, 1977 SECOND READING: EFFECTIVE DATE: I l CITY OF KENAI ORDINANCE. NO. 351-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA E.4TARLIS"INO A CAPITAL PROJECT FUND ENTITLED "KENAI SEWERAGE PROJECT NO. C-020077010. WHEREAS, the City of Kenai has been awarded a grant in the amount of $73,400 for Sewerage Project C-020077010, Step I, and WHEREAS, the U. S. Environmental Protection Agency has agreed to fund $55,050 of the total grant, and WHEREAS, the State of Alaska, Department of Environmental Conservation will contribute $9,175 as their share, and WHEREAS, the Kenai Peninsula Borough has also agreed to provide additional funds In the amount of $1,503, and WHEREAS, the City of Kenai must contribute $7,672 of matching monies for the grant, 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 transfers and increases in estimated revenues and appropriations be hereby made: Transfers From: Capital Projects - 1974 Refunded Bond Issue Water a Sewer Fund Balance ($7,672) To: " - Capital Projects - Kenai Sewerage Project C-020077010 City of Kenai Contribution $7,672 i ORDINANCE NO. 351-77, Page Two i Capital Projects Fund - Kenai Sewerage Project C-020077010 Increase Estimated Revenues: U. S. Environmental Protection Agency $55,050 State -of Alaska - Dept. of Environmental Conservation 9,175 = Kenai Peninsula Borough 1,503 Increase Appropriations - Kenai Sewerage Project C-020077010: i Administrative Expense $ 800 Engineering Basic Fees 69,000 Miscellaneous (Force Account) 31600 t PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 20th day of July, 1977. { I JAMES A. ELSON , MAYOR ATTEST: Sue C. Peter, City Clerk FIRST READING: July 6, 1977 SECOND READING: EFFECTIVE. DATE: i_ I I r CONTRACT FOR JANITORIAL SERVICES This AGREEMENT entered into this day of 1977, by and between the CITY OF KENAI, P. 0. Box 580, Kenai, Alaska 99611, a home -rule, municipal corporation of the State of Alaska, hereinafter referred to as CITY, and TIM WISNIEWSKI d/b/a/ TIM'S JANITORIAL SERVICE, P. 0. Box 5, Kenai, Alaska 99611, hereinafter referred to as CONTRACTOR. In consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. CONTRACTOR shall provide janitorial services for the entire Kenai Air Terminal Building, with the exception oft 1) the Pre -Flight Room (bar); 2) the offices formerly occupied by Wince-Corthell and Associates; 3) the Pan Room; 4) the Boiler Room; 5) the Freight and Baggage Room; 6) the Kitchon; 7) the Map Room; 8) and the offices formerly occupied by the City Attorney. City reserves the right to add or delete portions of the building as required by City operations. 2. The level of janitorial services shall be in accordance with the bid specifications which are attached hereto and incorporated herein by reference. The provisions contained in such specifications shall be binding upon the parties as fully as if set forth verbatim herein. 3. This contract shall commence July 1, 1977 and shall terminate June 300 1978 unless earlier cancelled or terminated 1 in the manner set forth below. 4. This contract may be cancelled by the CITY for just cause or non-eompiianeo on seven (7) days written notice. Violation of any of the attached specifications shall be deemed �I i I � i I II I� I r •�iscL_ ��..y_. aaaaas�,�lea,( ._ 1 ::.• - ""�"P4�48TA��1114 I lit I, I i 1 I _ _ J I_ Y it just cause for cancellation by the CITY. This contract may be terminated by mutual consent with seven (7) days written notice. Notice required by this paragraph shall be sent certified mail to the addresses first above written or shall be personally delivered. S. CITY shall pay to CONTRACTOP. the sum of One Thousand Six Hundred Thirty -Six Dollars and 20/100 ($1,636.20) per month for performance of the agreed services. Payment shall become due the first day of the month following the month for which the services were performed. Payment for any period of time less than a month shall be on a per day basis calculated according to the number of days in that month. 6. Janitorial supplies will be furnished by the CONTRACTOR with exceptions as set out in the attached specifi- cations. 7. It is expressly understood and agreed to by the parties that the CONTRACTOR in executinq this Aoreement is acting in the capacity of an independent contractor, and not as an employee of the City of Kenai. S. Contractor shall save and hold City harmless from and against all law suits, claims, costs and attorney's fees that nay be based upon injury or damage or alleged injury or damage to any person or property that may, or may be alleged to occur in the course of furnishing service under this Agreement or as a result of furnishing such service. 9. In executing this Agreement, CONTRACTOR represents to CITY that he has obtained the insurance specified in paragraph 14 of the attached Specifications and has provided the City Clerk with copies of such insurance policies. IN WITNESS WHRRP.OP, the parties have hereunto set their hands on the date set forth above. i CITY OF KENAI, ALASKA is i; Jonn E. wise, City Manager i i, Janitorial Contract, Page 2 l r N E - i i STATE OF ALASKA ) I d THIRD JUDICIAL DISTRICT ) On this day of. , 1977, before me personally appeareTc - known to be the j person who executed the above Agreement, and acknowledged that 1 he had the authority to sign, for the purposes stated herein. NOTARY PUBLIC FOR ALASKA My Commission Expires TIN'S JANITORIAL SERVICE i Tim Wisniewaki, d1b/a Tim's Janitorial Service I STATE OF ALASKA ) )as. THIRD JUDICIAL DISTRICT ) 1 ' 11 On this c n day of , 1977, before me Personally appeared -j%1% 5M, a 1�J_., known to be the person who executed tFie�ve Agreement, and acknowledged that he had the authority to sign, for the purposes stated herein. ' ' AR L ' OTAR PUB IC FOR ALASKA by Commission Expires3 •c=/c2 1 I I • II Janitorial Contract, Page 3 i I. I _ r f r CITY OF KENAI SPECIFICATIONS FOR JANITORIAL SERVICES KENAI AIRPORT TERMINAL BUILDING 1. Routine janitorial service will be scheduled during those hours that the tenant organizations are not conducting business in the building. Provision may be made for limited services to be performed during normal working hours. These services shall be limited to those which may be performed without disrupting the tenant operation or customer traffic in the building. 2. The contract may be cancelled for just cause on seven (7) days written notice. Contract may be terminated by mutual consent with seven (7) days written notice. 3. This contract shall be for the shaded areas on the attached sketch. This is approximately 9,000 square feet. The contractor shall be responsible to assure himself of the square footage included in this contract. The City furnished figures Rre for reference only and are not binding upon the City. The City reserves the right to add or delete portions of the building as required by City operations, in which case an equitable adjustment will be made with the contractor prior to commencement or deletion of work. 4. Janitorial supplies and equipment may be stored in room #7. The contractor will keep this room clean and orderly. Supplies and equipment .may also be stored in Room #11 (fan room). The contractor would not be responsible for cleaning this room, but it must be kept orderly, and empty cartons removed. Nothing shall be stored in Room #12 (boiler room) . 5. The City will furnish light bulbs and fluorescent tubes for the contractor. The contractor will notify the City as these items become depleted. 6. The contractor is to supply all necessary equipment. 7. The contractor's employees are to be thoroughly familiar with the specifications. S. The City Manager will designate an official to act as Contract Administrator in his behalf. The contractor will be responsible for prompt attention to any defective work i. called to his attention by the Administrator. If complaints regarding janitorial services are sent to the contractor by mail, the contractor shall act on the•complaint within twenty-four (24) hours. If the complaint regarding janitorial services is delivered to the contractor by telephone or verbally by the Administrator, the contractor shall act on the complaint on the same day the complaint is delivered. If the deficiencies are not corrected in the allotted time, the City will arrange to have the work done and all charges will be deducted from the contractor's monthly payment. If it becomes necessary for City employees to replace light bulbs or fluorescent tubes, there will be a charge of $2.50 for each one, charged against the contractor and deducted from his monthly payment. 0 SPECIFICATIONS, Page Two T_ f • 9. The contractor shall arrange to have a telephone, or an answering service. 1 whereby he can be contacted at any time. This number shall be given to the Administi i prior to award of contract. Should the contractor be away from the City or otherwise not able to respond, he shall designate another person of authority who shall be empol to act for him. �. 10. The contractor's employees shall be capable and experienced in janitorial H They shall be free from communicable disease. The City may require removal from th work of employees whom the City deems incompetent, insubordinate or otherwise obje or whose continued employment on the premises is deemed contrary to the public inter inconsistent with the best interest of the City. The contractor shall furnish to the Adn strator, the names addresses and telephone numbers of employees working under this contract. The list shall be kept current at all times. i U. The contractor may be required to meet with the Administrator at least twic each month to conduct an inspection of the premises and to discuss performance of the 12. There will be no children, friends or other unauthorized persons allowed t, accompany the janitors while the building is being cleaned. 13. The contractor and his employees shall not disturb papers on desks, open drawers or cabinets or use telephones in the offices. 14. The contractor shall not commence work until he has obtained the following Insurance. The contractor shall maintain insurance throughout the life of this contra( a, Workmen's Compensation Insurance as required by the State o Alaska. b. Public Liability and Property Damage Insurance as shall prote the City and the contractor against losses which may result for claims for damages for bodily injury, including accidental death, as well as claims fo property damages, which may arise from any operations under this contra( whether such operations be those of the contractor. a sub -contractor or anyone directly or indirectly employed by either of them and the amount of such Insurance shall be as follows: Three hundred thousand dollars ($300,000) for injuries, including accidental death to any one person, and not less than three hundred thousand dollars ($300,000) on account of any onQ accident. Property damage insurance shall be in the amount not less than fifty thousand dollars ($50, 000) for any one accident and subject to that limit per accident a total or aggregate limit of not less than fifty thousand dollars ($50,000) for all damages arising out of injury to or destruction of property. SPECIFICATIONS, Page Three f The City, its officers, agent and employees shall be named as an additional interest under said policies and certificates of insurance shall be filed with and approved by the City. The certificates shall indicate that the policies will not be cancelled without thirty 00} days prior notice to the City. The contractor shall indemnify and hold harmless the City of Kenai and/or any of its agents or servants from any and all suits or claims for damages of any character what- soever from injuries sustained by any person or persons or damage to property oecuring in connection with operations under this contract. SERVICES TO BE PERFORMED DAILY Empty waste baskets. Empty and wash ash trays. Sweep all floors and mop as necessary to keep clean or vacuum any rugs or carpets. Remove finger marks and smudges from walls, woodwork and glass surfaces. Clean all toilet fixtures, stall partitions and tiled walls. Dispense and maintain adequate supplies of toilet paper, towels, soap powder, etc. in toilet rooms. Clean drinking fountain. Replace burned out light bulbs and fluorescent tubes. Exterior mercury vapor lights and exit lights are excluded. Pick up debris around terminal building and around refuse dumpster area. Remove snow, ice, dirt, sand and gravel from walks and entry- ways within twenty-five (25) feet of the building. R 41 I IM For further information, contact City of Kenai, Alaska, Post Office Box 580, Kenai, Alaska 89811. Telephone: (907) 283-7535. SPECIFICATIONS Page Four I' SERVICES TO BE PERFORMED WEEKLY ! i 1. � Wash all waste baskets. At contractor's option he may supply ' i plastic liners for waste baskets. 2. Clean all desks and tables on weekends. To qualify for cleaning: desks and tables shall have everything removed from the top except phone, typewriter and similar office equipment. If there are papers on the desk or table, leave as is. AS REQUIRED 1. Wax floors. Strip and wax as necessary. Use slip resistant wax. 2. Clean base boards. S. Shampoo carpets . A. Clean windows and glass doors. 5. Clean light lenses and, air vent fixtures. } 8. Dust furniture, window ledges, etc. 7. Wash walls, doors, jambs, etc. In lieu of'washing, contractor may i elect to paint thelse areas with the City furnishing the paint only. ► 8. Cut grass around building. r For further information, contact City of Kenai, Alaska, Post Office Box 580, Kenai, Alaska 89811. Telephone: (907) 283-7535. T � s y� i • • i r • S ` 1. office •• ` " • . `� 2. Office '•• • • 3. Office • • : , ; . • 4. Ki'-chen . . S. tof:ce Sinop • .• . 6. Bar 7. Janitoroo:n FFa�a 'quip. 9cosm �. »14 Office erFitt • . • 11. Fan Xoom 12. • Boiler Loom # 13. Mans ,2 oom 14. Womenfs Room 15. Counter Space _ 16. Counter Space •ri, 71 17. taunter Space +� 18. Counter Space .....�...�.. .. ' • 19.. Of f ice 20. office • 0 21. Storage •" # I:. -2 .. $. Q �, S r l8 19 2C 21 22. Office • •'t 23. Countgr Space t•-••- 4 A 11 24. Office ' ... 6 7 25. Cargo loom ' 'M sit 26. Cargo Storage ,. ' ••-• :�'• 27, Office 26 27 • 28. Counter Space ► `. 8_..:..._ 9 10� l2 12 l3 24 ] `:.., 25 ... 29, up Stairs Offices .. r •+.I A r? III •* � 7 i LN.ASE OF 41 AIRPORT LANDS nit FACILITIRS, , THIS AGRUMENT, entered into this day of 1! 1$ . by and between the CITY OF KENAI. a homa-rule municipal corporation II ofAldhka. hereinafter called "City", and Kenai Peninsula Community Care 1 • Center, an Alaskan non-profit corporation hereinafter coiled "Leasee". t That the City, in consideration of the payments of the rents and the performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the . Kenai Recording District, State of Alaska: to wit: FAA Housing Area. Buildings #105 and 9106, Government Lot 5, Section 5, TSN, R11W, Seward Meridian. Term: The term of this Lease is for one years, commencing onthe lstday of July , 1977 . to the )Oth day of June D78 , at the monthly rental of $770.25. Payment: Subject to the terms of General Covenant No. 10 of this Lease, the rental specified herein shall be payable as follows: (a) Right of entry and occupancy is authorized no of the 1st ` day of July , 1977, and the first rent shall be computed from such date until June 30, 1=9$ . at the rate of S 770.25 per illif 4Gix month dagtaas equals $770.25 now due. ` Monthy (b) atlsn�n rent for the fiscal year betinning July 1 and ending J June 30 shall be payable in advance, on or before the first dayx>ix'!> V of each *pottt'x month. month " (a) Rental for any period which is loss than one (1) XMF shall ' be prorated, based on the rate of the last full yum.month. t ; (d) The rent specified herein is calculated as follows: square feet at $ n/a per square foot per year, in or $ n[a per year. In addition to the rents specified above, subject to General Covenant No. 10. the lessee agrees to pay to the City fees as hereinafter provided: • 4 fi !1 (a) Assessments for public improvements now benefiting property I •.' in the amount of $ na r , (b) Applicable taxes to leasehold interest or other aspects. ` (o) 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 wore considered legal owner of record of leased praparty . E (e) Interest at the rate of eight percent (81A) per annum and ten 1 percent 0006) penalties on any amount of money owed under this Lease which data it hocomrs due. Is not paid on or before the ' } r. (f) Additional charges as ad forth In schedule A. attached. 1 G Page tine, LVASt: Revision 4/20/7s � r s i 1 �t 7 I - ' �rrr"s""r!1 -- - ---� --� �.__—__ -� -�•' -- '--. -*tee _-_,- i -- � �� rn r i ui The purpose for which this I.easo Is issued is: 11 i� To operate a juvenile care -center facility i' OENERAI. COVENANTS 11 1. Uses: Except as provided herein, any regular use of lands or facilities without the written consent of the ('fly is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parkinP areas and streets. 2. Uses Not Contemplated Prohibited: Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise, other than as specifically set forth herein, upon. in or above airport lands. without the written consent of the City is prohibited. 3. lmpoundintr of Pr000rty: Any or all personal or real property placed or used upon lnuds 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 storage charges of 51.00 per day, or $5.00 per day in the Baso of each building or each aircraft in excess of 8,000 pounds gross weight. or in the case of any other Mnd 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 -A: sirnment: Losses agrees to pay the annual rental and fees spr:cified and not to assign this Lease or any part. nor let, nor sublet, either by grant or Implication, the whole or any part of the promises without written consent of the City, which consent shall be obtained pursuant to the following procedure: (a) Submittal to, and approval of, proposed lease transfer by the Kenai Planning Commission. (b) After approval by the eenoi planning Commission, final approval of transfer by the City Council. Any assignment in violation of this provision chill be void. and shall be grounds for cancellation of this inose by the City. 5. Treatment of Demise: The Lessee agrees to keep the premises clean and in good order at its oww expense. suffering no strip or waste thereof, nor removing any motorial therefrom. without written permission of the City. At the expiration et the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and !' surrender the premises to the City. 11 5. Payment of Rent: Chocks, bank drafts or postal money orders shell be made payable to the City of Kenai, and delivered to the City !� Administration Building. Kenai. Alaska. 7. Construction Approval atom Standards: Building construction shall be noat and presentable and eompatih*with its use and surroundings. prior to placing of fill material and/or eonmeuction of buildings on o leased area, the Lessee shall submit a plan of propwod dnvolopmant of property to the City Planning Commission which shall bw approved In writinfc for all permanent Improvements. Pape Two, LHASI± initials: Lessee: YJJF Lessor: Revision 4/29/711 r r It I.ESSRI? I j: STATE OF ALASKA ) )as. II THIRD JUDICIAL DISTRICT ) On thls03^cl�day of , 1) -nom , 19T7 % , before me personally appeared , known to he the person who executed the above Lease and acknowledged that he (she) had the authority to sign the some, for the purpose; stated therein. I ae-- NOTARY PUBLIC VOR ALASKA My Commission Expires -3 �� d ACKNOWLEDGMENT FOR !HUSBAND AND RIFF STATE OF ALA. KA ) ) as. THIRD JUDICIAL DISTRICT ) { Before me, the undersigned, a Notary Public in and for the State of Alaska, on this day personally appeared ' and , husband and wife. both known to be Ili" persons whose names are subscribed to the foregoing Leese, and acknowledged to me that they executed the seine as their free and voluntary act and deed, and for the purposes and considerations therein expressed. f GIVEN UNDER MY HAND AND SEAL OF OFFICE. this day Of fig NOTARY PUBLIC 17011 ALASKA My Commission Expires: j lk Page Nine. I.RASR Revision 4/29/70 I 11 Li?ASF OF AIRPORT LANDS OR FACILITiES � THIS AQRFEMENT, entered into this day of , � 19 . by and between the CITY OF KFVAI, a home -rule municipal corporation fr of Alaska, hereinafter called "City", and Glacier State Telephone hereinafter called "Lessee". That the City, in consideration of the payments of the rents and the performance of all the covenants herein contained by the Lasses, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District. State of Alaska: to wit: Lot 4, Block S, Cook Inlet Industrial Air Park, Kenai, Alaska. Term: The term of this Lease is for one years. commencing on tlstday of July , 1977 , to the. 30th day of June x$78 , at the annual rental of $ 783.90 Pavmont: Su'sje-rt to the terms of nancral Covonant �*o. 10 of this Lease, the rental specified herein shell be payable as follows: (a) Right of entry and occupancy is authorized as of the i st day of July 1971 and the first rent shall be computed from such date until June 30, 1978,xztXbitx%mnkgxxxxxxxxxxxxxpgxxbolt*xxxxxxx 3illp;(44094.px Xxxxxxxx>hryFnl;ifg, — (b) Annual rent for the fiscal year beginning July 1 anti ondf•)r, June 30 shall be payable in advance, on or before the first day of July of esc!i year. ' (a) Rental for any period which is less than one (1) year shall be prorated. based on the rate of the last full year. (d) The rent specified herein is calculated as follows: 201300 square feet at $ .039 per square foot per .771191%, month or $ 783.90 per year. in addition to the rents specified abovo, subject to fteneral 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 $ (b) Applicable taxes to leasehold interest or other aspects. (a) Sales Tax now enforced or levied in the future. (d) Lesson agrees to pay all assessments levied in the future by the City of Kenai, as if Lossee were considered lerol owner of record of ie+:sed property. (e) Interest at the roto of eight percent feta) per annum and ton peroont (10%) penalties on any amount of money owed under this Lease which is not paid on or before the date It becomes due. - 07- iQbiXti0ltt0�md1ot7�C71xtexerat]iplltlDtkKtiAltCSiJfdJlnQlc�AilltttlAOfkec Page One. 1.FASK Revision 4/29/70 i I . /f - IF -T —r .— M -ter - — -rr--'—"1111WW` The purpose for which this Lease is issued Is: Pole and Cable Yard I GENERAL COVENANTS 1. Uses: Except as provided herein, any regular use of lands or facilities without the written consent of the Citi• is prohibited. This prohibition shall not apply to use of areas desicnated by the ritv far specified public uses, such as passonger terminal%. automobile •mrkirf, areas -ind strert-4. 2. Uses Not rnntemninted P-•nhibltods Qn1i0tation of donatior.� or the promotion or operation of any wirt or kind of huhin-v�, at- comrmercial enterprise, other than as specifically set forth hm-Ain, to -n. in or -Ihove airport lands. without the written consent of the rity Is prohibited. 3. Impounding of 1'rt.oerty: Any nr all nersond or real prove�ty placed or used upon lands or in facilities in vinlntion of ornhibitions s~ev be. removed and/or impounded by the City, and when so removed and/or impounded. such property may be redeemed by the owner thereof oniv unan the payment to the City of the costs of removal plus storage eharans of 41.04) per day. or $5.00 per day in the case of each building nr orch aircraft in excess of 8.000 pounds gross weight, nr in the case of any other kind of property. an amount not to exceed 55.00 per tiny, or in accordance with such higher fees as may be incorporated into regulations of City's Airport. 4. Commitment for Rent and Non-Assktnment: Lessee agrees to pay the annual rental and fees specified end not to amsirn this Lease nr any part. nor let. nor sublet. either by grant or imnlieation, the whole or any part of the premises without written consent of the City. which consent shall be obtained pursuant to the following procedure: (a) Submittal to, and approval of, prononnd lease transfer by the Kenai Planning Commission. (b) After approval by the Venni pinnninr f nmmtsRion, final approval of transfer by the City Council. Any aseignment in violation of this nrovisinn shall he void, and shall be grounds for cancellation of this f.eeme by the city. S. Trattment of Demise: The Leasee Agrees to keep 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. 0. Payment of Rent: Checks, bank drafts or postal money orders shall be made payable to the City of Kenai, and delivered to the City I Administration Building. Kenai, Alaska. 7. Construction Approval and Standards: Building construction shall be neat and presentable and compatible with its use and surroundings. Prior to placing of fill material and/or construction of buildings on a 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. Initials: Leesee� Lessor: iI Pago Two, LEASE Revision 4/29/70 II t L l LEasr.F. _ 0lacl State Telephone Coany ' Vern R. Chesbro, President + : STATE OF At;*SIW W95NI106Tc v ) sa. On this 7th day of June , 19 » , hefnre me personally appeared Vern R. Chosbro . known too he the nerw,r. who executed the above Lease anti acknowledged that he 00W) had the authority to sign the same. for the purposes stated therein. (NOTARY PVPI,I(' L'rltt A/ lMy Commission ExpireR: ACKNOWLEDGMENT FOR PUS)tANU ASI) hIFF I STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) Before me. the undersigned. a Notary Public in and for the Statei of Alaeka, on this day personally appeared and , husband and wife. both known to be tha persons whose names are subscribed to the foregoing Lease, find f to me that they executed the same as their free and voluntary set and deed. and for the purposes and considerations therein expressed. j 1 GIVEN UNDER MY HAND AND SFAL OF OFFICE.. this fifty Of , 19 I NOTARY PUBLIC FOR ALASKA My Commission Fxpirea. i I � , 1 t , I t t !' Page Nino, LEASE Revision 4/29/76 1 i SPECIAL USE PERMIT (Not to be used for a period of time in excess of one year) DATE The CITY OF KENAI for the considerations and pursuant to the conditions and requirements set forth below hereby grants to: Company Name: Glacier State Telephone Authorized Representative: W. W. Thompson Billing Address: Box 560, Kenai. Alaska 99611 hereinafter sometimes referred to as the PERMITTEES) the right to use the street right-of-way between Lot 4 and Lot S. Bieck S, Cook Inlet Industrial Air Park. for pole and wire storage. This, area must be fenced with an 8 foot sight -obscuring fence acceptable to the Airport Manager prior to use. 1. Term: This special use permit shall commence on the 1st '-d'a of July , 1977, and shall extend to and through the 30th gay of June , 1978 2. Permit Fees: The Permittee(s), prior to the exercise of any priviiege granted pursuant to this permit, shall pay for the use or privilege specified herein a fee as indicated below: (a) A total fee of $125.00 in full payment for the use of privilege specitaed nerein. b) A total fee of $ payable in install m commencing on the tirst day of the term hereo the amount of $ and additional subsequent ailments in the amount of �: , payable (c) A fee computed a e rateper (d) In additio the foregoing p nts, fees and rents specified above ermittee(s) agrees to p o the City 3. Right of Entry: Entry and occupancy is authorized as of the 1st day of July , 19Z _. 4. Place and Time of Payments: All payments shall be made on or before the date due to the City Clerk, City Administration Building, Kenai, Alaska, or by mailing to the following address: City of Konai, box 580, Kenai, Alaska 99611. S. Use: The use by the Pormittee(s) of the premises described above is lilted to the purposes specified herein and is not intended to grant any exclusive use to the described premises unless otherwise provided above. This use is alsosubject to the reasonable adminis- trative actions of the City of Konai for the protection and maintenance of the promises and of adjacent and contiguous lands or facilities. Page Ono, SPECIAL USE PERMIT 'r FA I 6. Insurance: Permittee(s) agrees 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 Permittee(s), his agents, employees, customers. invitees, or arising from or out j of the Permittee(s)' occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. In 1 this connection, the Permittee(s) agrees to arrange and pay for all the following: (a) Public liability insurance protecting both the City and/or itsagents and the Permittee(s), such insurance to be evidenced by a certificate of insurance showing the insurance in force. The amount of such public liability insurance shall have limits not less than those known as 100.000/300,000/50,000 (b) Permittee(s) agrees to carry employer's liability insurance and Workmen's Compensation insurance, and to furnish a certificate thereof to the City. (e) 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) Pormittee(s)agrees that waiver of subrogation against the City shall be requested by Permittee(s)' insurer, and shall be provided at no cost to the City. 7. Forebearance: Failure to insist upon a strict compliance with 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. 6. Regulations: The exercise of the use granted heroin is at - all times to be subject to the regulations governing the Kenai Municipal Airport titled "Kenai Municipal Airport Regulations", Issued in 1976. By signing this permit, the Permittee(s) acknowledges that he has received a copy of said regulations and has familiarized r himself therewith and will comply with the requirements of said regulations. ` 9. Solicitations: Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise not contemplated by this Special Use Permit upon, in or above airport lands without the written consent of the City, is prohibited. 10. Removal of Property: Any or all personal or real property i placed or used upon lands or in facilities in violation of the i preceding prohibitions may be removed and/or impounded by the City i of Kenai, and when so removed and/or impounded, such propPerty may be • redoemed by the owner thereof only upon the payment to No City of the costs of removal plus storage charges of $1.00 per day. CITY OF KENAI By - GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 19 NO"T"ARY VUBL1C FOR ALASKA My Commfission Expires Page Two, SPECIAL USE PERMIT PERMITTEE Glacier tate Telephone Company Vern R. Chesbro, Presidont GIVEP UNDER MY HAND ANDSEA .OF OFFICE, this % ��` day of » C — 19� NUUyytt KT F'IJRL i,rlb�1bF- •�, c / �/ ley/Commission Ex?ires-.:/ei i i i i i i 4 A s • f i Page Three, SPECIAL USE PEMIIT i� DATE. SPECIAL USE PERMIT . (Not to be used for a period of time in excess of one year) The CITY OF KENAI for the considerations and pursuant to the conditions and requirements set forth below hereby grants to: Company Name: Katmai Motel = Authorized Representative: John Thompson Billing Address: Box 2840, Kenai, Ak. 99611 hereinafter sometimes referred to as the PERMITTEF.(S) the right to operate a direct telephone line and display a nester in the Kenai Municipal Airport Terminal Building for the Katmai Motel . 1. Term: This special use permit shall commence on the 1st lay of July , 19 77 , and shall extend to and through the ouin day of June , 19 78 . 2. Permit Foos: The Permittee(s), prior to the exercise of any privilege granted pursuant to this permit, shall pay for the use or privilege specified herein a fee as indicated below: (a) A total fee of $96.00 in full payment for the use of privilege specifiecT liierein. — (b) A total fee of S payable in in is commencing on the tirst day of tho term hereo the amount of and additional subsequent ailments In the amount ofd , payable (c) A fee compute the rate per (d) In additio the foregoing ents, fees and rents specified above Permittee(s) agrees to p o the City 3. Right of Entry: Entry and occupancy is authorized as of the 1st any of July , 1977 4. Place and Time of Payments: All payments shall be made on or before the date due to the City Clerk, City Administration Building, Kenai, Alaska, or by mailing to the following address: City of Kenai, Box 580, Kenai, Alaska 99611. S. Use: The use by the Permittee(s) of the premises described above is limited to the purposes specified 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 adminis- trative actions of the City of Kenai for the protection and maintenance of the promises and of adjacent and contiguous lands or facilities. Page One, SPECIAL USE PERMIT 6. 6. Insurance: Permittee(s) agrees to save the City h:ormless from all actions, suits, liabilities or damages resulting from or arising out it any acts of commission or omission by the Permittee(s), his agents, employees, customers, invitees, or arising from or out of the Permittee(s)' occupation, or use of the premises demised,. or privileges granted, and to pay all costs connected therewith. --i:tr enneetion, the Permittee(s) agrees to !arrapige and pay for elij -tire—f :.13 ...!_..' . (a) Public liability insurance protecting both the City and/ its nts and the Permittee(s), such insurance to be evidenced a eertific a of insurance showing the insurance in force. T amount of such pub liability insurance shall have limits not ss than those known as (b) Permittee(s) a es to carry a oyer's liability insuraqca and Workmen's Compensation in once, to furnish a certifi to— thereof to the City. (e) Insurance cont r s providin y insurance and Workmen's Compensation all provide o ess than thirty (30) days written notic o the City cancellation expiration or substantial eha in policy conditions and covers Ik Permittee(s) agrees that waiver of subrogation ainst the y shall be requested by ilermittoe(s)' insuror, and s a be vided at no cost to the City. 7. Forebearance: Failure to insist upon a strict compliance with 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. Regulations: The exercise of the use granted herein is at all times to be subject to the regulations governing the Kenai Municipal Airport titled "Kenai Municipal Airport Regulations", issued in 1976. By signing this permit, the Permittee(s) acknowledges that he has received a copy of said regulations and has familiarized himself therewith and will comply with the requirements of said regulations. 9. Solicitations: Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise not contemplated by this Special Use Permit upon, in or above airport lands without the written consent of the City, is prohibited. 10. Removal of Property: Any or all personal or real property placed or used upon lands or in facilities in violation of the preceding prohibitions may be removed and/or impounded by the City of Kenai, and when so removed and/or impounded, such propperty may be redeemed by the owner thereof only upon the payment to No City of the costs of removal plus storage charges of $1.00 per day. CITY OF KENAI By GIVEN UNDER W HAND AND SEAL OF OFFICE, this day of 19 Page Two, SPECIAL USE PERMIT NOTARY PUBLIC FOR ALASKA My Commission Expires I I �.. ., ;,'iiy.."—..+_-gym.,--•..�� �_ ...,. ,.. _ .. . . .. ,. .. . ,,,. . .... ..., -Y __ . ,.. _.-.._ . .r.r ... ,... _ . II II III II li l�II41dR� :oa. PERMITTEE It'ufurar /Y1abo marc GIXW UNDER MY HAND AND SEAL Op O piCE, this 91% day of L NOTM—PUBLICI FOR Al... :,i: my Commission Expires ii-Zl-fry 1 '- 1 •1 Page Three, SPECIAL USE PERMIT a i f F t V { r 4 J r I� 0 I r II I n . 11 I AWIP.NI)MENT TO LEASE The► certain lease between the Cit;' of Kenai and Katmai Motel, Inc. ,dated March 1, 1968 and recorded at Book n/a . Page n/a . is hereby amended to reflect that persuant to Paragraph Ten . of such lease, the lease rate has been renegotiated for �I Lot IA, Part 3, Alyeska Subdivision, Kenai, Alaska i I� by the partios and is now and shall be S 1, S40.99 per year I for the period beginning July 1 , 19 77 . and ending I it June 30 , 1982 CITY OF KENAI STATE OF ALASKA ) se. THIRD JUDICIAL DISTRICT ) On this day of 119 , before me personally appeared , known to be the person who executed the above Lease. and acknowlodged that he (she) had the authority to sign. for the purpose stated therein. NOTARY PUBLIC FOR ALASKA My Commission Expires 1 LESSEE ^ccf /✓lo74c-/ 'ZoG -iaAl STATE OF ALASKA THIRD JUDICIAL DISTRICT T ) !� On this ,� day of %700.1 , 19 7 7 , before me �f personally appeared :Ta. -Jt . known to be the !I person who executed the above Lease and acknowledged that he (she) had the authority to sign the same, for the purposes stated therein. If �! NOTARY PUBLIC FOR ALASKA My Commission Expires n -It -60 fit II -f-s��-- w LN.ASN OF fir[ AIRPORT LANDS OR FACILITIES THIS AGR2: MPNT, entered into this day of 19 , by and between the CITY OF UNAL a home- rule municipal corporation t, of Alaska, hereinafter called "City", and Menai Air Service, Inc. hereinafter called "Lessev" . A That the City, in consideration of the payments of the rents ana ` the performance of all the covenants herein contained by the Losses. does i hereby demise and lease to the In!Rsce the following described property in the Kenai Recording District, State of Alaska: to wit: s Counter Space 118A (100 square feet), Kenai Municipal Airport Terminal, Kenai Recording District, Kenai, -Alaska. s Term: The term of this Lease is for one years. commencing on the 1st day of July . 1977 , to the 30th day of Juno . ` 978 , at the annual rental of 3 T�,080. 0T_ Payment: Subject to the terms of tlenerai Covenant No. 10 of this Lease, the rental specified herein shall be payable as follows: (a) Right of entry and occupancy is authorized as of the Is t s• day of July . 1977. and the first rent shall be computed from such date until June 30. TM , 1Htt4f fft x4Mxxxxxxxxxxxx7#eWV* cxxxxxx ix9t3iit�bt��jjj,XxxXXxWt4Kad0]11� ' (b) Annual rent for the fiscal year beginning July 1 and endin7 June 30 shall be payable in advance, on or before the first day of .tuly of each year. f (e) Rental for any period which Is less than one (1) year shall ' be prorated, based on the rate of the last full your. (d) The rent specified herein is calculated as follows: 100 square feet at f • 90 per square foot per .month or 1,080.00 per year. In addition to the rents specified above, subject to General Covenant No. 10, the lessee agrees to pay to the City fees as hereinafter • provided: i -- i (a) Assessments for public improvements now benefiting property !, in the amount of f n/a (b) Applicable taxes to leasehold interest or other aspects. i (e) Sales Tax now enforoed or levied in the future. (d) Lessee agrees to pay all assessments levied in the future by I — the City of Kenai. as if Lessee were considered legal owner of record of leased r property. ' (e) Interest at the gate of eight percent (9'h) per annum and ten t I percent (10%) penalties on any amount of money owed under this Lease which ' Is not paid on or before the date it becomes due. � � � i+(tQc>dkd�ttioW>1keQ[a�fmcascboiocfelt�c#a�leAttNelucltxxRtm�eiuttt. Revision 4/29/70 I' Page Ono. LEASq , r { f� x I Y i 4 The purpose for which this Lease is issued is: • I k; Ticket Counter and Information Booth ! GENERAL CAYPNANTS 1. Uses: Vxeept as provided herein, any reputar use of iandu o1 facilities without the written consent of the ('fly Is prohibited. This prohibition shall nut apply to use of arens desicnaled by thr I Ity for specified public uses, such as passenger terminals, nutosnobilc nnrkinv areas and streets. 2. Uses Net ContemnInterl P--nhibiterl: goticilntion of donntiona or the promotion or operation of any mint or kind of busineas or commercial enterprise, other than as cpertfieatiy set forth herein- toxin. In or shove airport lands. without the written consent of the amity ix nrohibited. 3. lmpoundina of Pronertv: Any or all norsonal or real prope+'ty placed or used upon Innds or In facilities in violation of ornhibitions may be. removed and/or impounded by the City. and when no removed and/or impounded, such property finny be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storays? charges o% Q1, on per day, or $5.00 per day in the case of each butidine er each airernft in excess of 6,000 pounds gross weight, or in the case of any other Wad of property, an amount not to exceed 55.00 per day, or in nocordanee with such higher fees as may be incorporated into regulations of City's Airport. 4. Commitment for Rent and Non-Asais[nment: Losses agrees to pay the annual rental and fees appcified and not to assitm this Leas" or any part, nor let, nor sublet. either by grant or implication. the whole or any part of the promises without written consent of the City, which consent shalt be obtained pursuant to the following procedure: (a) Submittal to, and approval of, proposed lease transfer by the Kenai Planning Commission. (b) After approval by the Venni ninnnina Commission, final approval of transfer by the City rouneil. Any assignment in violation of this nrovision shall be Paid, anti shall be grounds for cancellation of this tease by the city. 5. Treatment of Demise: The Lessee agrees to keep the premises clean and in good order at its own expense, suffering no strin 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 js surrender the premises to the City. t S. Pavmont 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, , T. Construction Approval and Standards-. Building construction shall be neat and presentable and compatible with its use and surroundings. Prior to placing of fill mnterial and/or construction of buildings on a teased 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: [� Lessee: Lassor: Page Two, LRASF Revlevon 4129/78 M 4 1 1 F 1! 3 S, 1 ` 1 f i EM 1 11 li LI:?pwr ` Kenai Air Service, Inc. I s ' i STATE. OF ALASKA ) )88. THIRD JUDICIAL DISTRICT ) i On this ?2 day of June , 1977 , before we personalty appeared 7ornon L. Lofstorit, Jr. , known to be the persor. who executed the abnve Le,l»n and ackno wledge/t that he (she) hrld the authority to sign the same. for the purpose; stated therein. N ARY P ELI • t•'(1R CASicq My Commi sion Expires: July r, 1)'? ACKNOWLEDGMENT FOR tIUSB AND AND WIFF STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) Before me. the undersigned. a Notary Public in and for the State of Alaska, on this day personally appeared and , husband and wif•2, both known to be the persons whose names are subscribed to the fnregoinrt Losse. and avhtiotvtedre9 to me that they executed the same as their free and voluntary art and deed. and for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AXh SEAL OF OFFICE., this day Of I i NOTARY PUBLIC FOR ALASItA My Commission Expiros: 1 •t �I Page Nino. LEASE Revision 4/29/79 FA i --. - - r; -- - �r,: , =—r ®.:._��ii�.y-i-iii.i =L SPECIAL USE PERMIT (Not to be used for a period of time in excess of one year) DATE The CITY OF KENAI for the considerations and pursuant to the conditions and requirements set forth below hereby grants to: Company Name: Kenai Air Service. Inc. Authorized Representative: Bud Lofstedt // Billing Address:Box ��Y. Kenai. Alaska 99611 hereinafter sometimes referred to as the PERMITTEE(S) the right to operate a direct telephone line and disnlav a nester in the Kenai Municipal Airport Terminal for Kenai Air Service. Inc. 1. Term: This special use permit shall commence on the 1st'Tey of July, 19 77 , and shall extend to and through the 30th day of June , IqL_. 2. Permit Fees: The Permittee(s), prior to the exercise of any privilege granted pursuant to this permit, shall pay for the use or privilege specified herein a fee as indicated below: (a) A total fee of $96.00 in full payment for the use of privilege specified herein. (b) Atotal fee of $ Pa able in ins col commencing on the first day of the term hereo' the amount of and additional subsequent ailments In the amount ofd_ payable (c) A fee computed �e rate per specified In thents, fees and the Cityrents P ( ) g P 3. Right of Entry: Entry and occupancy is authorized as of the .1st day of Juiv , 192.L-- 4. Place and Time of Payments: All payments shall be made on or before the date due to the City Clerk, City Administration Building, Kenai, Alaska, or by mailing to the following address: City of Konai, Box S80, Kenai, Alaska 99611. S. Use: The use by the Permittee(s) of the premises described above is limited to the purposes specified herein and is not intended to grant any exclusive use to the described promises unless otherwise provided above. This use is also subject to the reasonable adminis- trative actions of the City of Kenai for the protection and maintenance of the premises and of adjacent and contiguous lands or facilities. Page One, SPECIAL USE PERMIT r - 6 I 6. Insurance: Permitteo(s) agrees to save the City harmless from all actions, suits, liabilities or damages resulting from or arising out )f any acts of commission or omission by the Perm'.tcee(s), i� his agents, employees, customers, invitees, or arising from or out )! of the Permittee(s)' occupation, or use of the promises demised, or privileges granted and to pay all costs connected therewith. -fir thf- .a: _li.:., ft. '..,—ttee(s) agrees to �ivranse slid pay Cor. all ithe fel;e1fiett (a) Public liability insurance protecting both the City and/o its ants and the Permittee(s), such insurance to be evidenced a ,i eertl to of insurance showing the insurance in force. Th mount i of such putiJc liability insurance shall have limits not ss than those known as (b) Pormittee(s) a es to carry a oyer's liability insurance and Workmen's Compensation in once, to furnish a certificate thereof to the City. (c) Insurance contr s providin ability insurance and Workmen's Compensation all provide for no ess than thirty (30) days written notic o the City of cancellation expiration or substantial eh a in policy conditions and covera Permittee(s) agrees that waiver of subrogation inst the ty shall be requested by Permittee(s)' insurer, and s a be ovided at no cost to the City. 7. Foreboarance: Failure to insist upon a strict compliance with 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. Regulations: The exercise of the use granted herein is at - all times to be suDject to the regulations governing the Kenai Municipal Airport titled "Kenai Municipal Airport Regulations", issued in 1976. By signing this permit, the Permittee(s) acknowledges that he has received a copy of said regulations and has familiarized ' himself therewith and will comply with the requirements of said ` regulations. 9. Solicitations: Solicitation of donations or the promotion k or operation of any part or kind of business or commercial enterprise not contemplated by this Special Use Permit upon, in or above airport i lands without the written consent of the City, is prohibited. 10. Removal of Property: Any or all personal or real property placed or used upon lands or in facilities in violation of the a - preceding prohibitions may be removed and/or impounded by the City of Kenai, and when so removed and/or impounded, such property may be i redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $1.00 per day. CITY OF KENAI i By i GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 19 NOTARY PUBLIC NUR AI.AJKA My Commission Expires f� Page Two, SPECIAL USE PERMIT t - R I �aw�A _, ., .. .... ..— -" - -- _ ..__->• .... . ......� .... - ..n�...�.. . 4. ... . - .. .� _... � �, ... .. -. ..... :' fP1171111n1n1 i � ��_ �-� p I - .. _ PERMITTEE Kenai Air 3arviee. Ino. / 7 • ' GIVEN UNDER MY HAND AND SEAL OF OFFICE. this 22nd day of a Jme . 19 77 I 'OR i.ASAA biy Commi ion Expires July 5. 1979 Page Three, SPECIAL USE PERMIT I _- � _ -- - _'_---•-�-=s-..� .I I. 11 III II • 11 p I� AMENDMENT TO LEASE That. lease between the Cit,.* (J Kenai and �I Teamsters Local 959 , dated May 1. 1967 , and recorded at Book n /n , page l� , , is hereby amended to reflect that persuant to Paragraph Ten of such lease, the lease rate has been renegotiated for ii Lot 9, Block 1, Cook Inlet Industrial Air Park ;I Kenai, Alaska. it by the parties and is now and shall be $1,188.00 per year II for the period beginning July 1 , 10 77 , and ending June 30 ,1082 CITY OF KENAI STATE OF ALASKA ) BB. THIRD JUDICIAL DISTRICT ) On this 16th day of June , 1977 , before me personally appeared Carl Bresnahan , known to be the person who executed the above Lease. and acknowledged that he WW had the authority to sign. for the purpose stated therein. • �MARY1UBLW_45R ALASILI 404 My Commission Expires u.. _7s LESSEE STATE OF ALASKA ) as. THIRD JUDICIAL DISTRICT ) iIOn this day of . t0 , before me ; personally appeared , known to be the I, person who executed the above Lease and acknowledged that he (she) had 11 the authority to sign the same. for the purposes stated therein. II 11 It NOTARY PUBLIC FOR ALASKA My Commission Expires I: I f a I .I :r i i! i' =1 .1 3 i _- � _ -- - _'_---•-�-=s-..� .I I. 11 III II • 11 p I� AMENDMENT TO LEASE That. lease between the Cit,.* (J Kenai and �I Teamsters Local 959 , dated May 1. 1967 , and recorded at Book n /n , page l� , , is hereby amended to reflect that persuant to Paragraph Ten of such lease, the lease rate has been renegotiated for ii Lot 9, Block 1, Cook Inlet Industrial Air Park ;I Kenai, Alaska. it by the parties and is now and shall be $1,188.00 per year II for the period beginning July 1 , 10 77 , and ending June 30 ,1082 CITY OF KENAI STATE OF ALASKA ) BB. THIRD JUDICIAL DISTRICT ) On this 16th day of June , 1977 , before me personally appeared Carl Bresnahan , known to be the person who executed the above Lease. and acknowledged that he WW had the authority to sign. for the purpose stated therein. • �MARY1UBLW_45R ALASILI 404 My Commission Expires u.. _7s LESSEE STATE OF ALASKA ) as. THIRD JUDICIAL DISTRICT ) iIOn this day of . t0 , before me ; personally appeared , known to be the I, person who executed the above Lease and acknowledged that he (she) had 11 the authority to sign the same. for the purposes stated therein. II 11 It NOTARY PUBLIC FOR ALASKA My Commission Expires I: I f a I ►W 1I&A r SPECIAL USE PERMIT (Not to be used for a period of time in excess of one year) DATE The CITY OF KENAI for the considerations and pursuant to the conditions and requirements set forth below hereby grants to: Company Name: A„dXip gly1"g Qom,,,, Authorized Representative: Air. David Diamond Billing Address: Box 307. Kenai, Alaska 99911 hereinafter sometimes referred to as the PERMITTEES) the right to operate a direct telephone line and disvlav a poster in the Kenai Munieioal Airport Terminal Building for Andy's Flvina Service. 1. Term: This special use permit shall commence on the 1st Jay -of July , 1977 , and shall extend to and through the 30th aay of Jung , 1921L—. 2. Permit Fees: The Permittee(s), prior to the exercise Of any privilege granted pursuant to this permit, shall pay for the use or privilege specified herein a fee as indicated below: (a) A total fee of $ 96.00 in full payment for theuseof privilege specified herein. Zb�.A total fee of $ payable in installments �enencing on the first day of the term he in the amount of $ \� and additional subseque nstallments in the amount of $ , payable (c) A fee computed at the $ per (d) In additi o the foregoing payments, s and rents specified above o Permittees) agrees to pay to the S. Right of Entry: Entry and occupancy is authorized as of the tem_ aay of 4. Place and Time of Payyments: All payments shall be made on or before the date due to the city Cierk, City Administration Building, Kenai, Alaska, or by mailing to the following address: City of Kenai, Box 580, Kenai, Alaska 99611. S. Use: The use by the Permittees) of the premises described above is 13i ted to the purposes specified 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 adminis- trative actions of the City of Kenai for the protection and maintenance of the promises and of adjacent and contiguous lands or facilities. S Page One, SPECIAL USE PERMIT T I I f i 6. Insurance: Pormittee(s) agrees to save the City harmless from all actions, sults, liabilities or damages resulting from or arising out of any acts of commission or omission by the Permittee(s), his agents, employees, customers, invitees, or arising from or out of the Permittee(s)' occupation, or use of the premises demised, or pr_ivilleegges granted, and to pay all costs connneected therewith. 'hr 1 •go -ad Pop Car. the—Cal' i s (a) Public liability insurance protecting both the City an Its is and the Permittee(s), such insurance to be evidence y a certific of insurance showing the insurance in force. amount of such pub liability insurance shall have limits n ess titan t those known as (b) Permittee(s) agrees to carry lover's liability insurance and Workmen's Compensation insurance nd to furnish a certificate thereof to the City. -� (c) Insurance cont is providing liability insurance and Workmen's Compensatio all provide for notN-ess than thirty (30) days written notic o the City of cancellation a� expiration or substantial ch a in policy conditions and coverage-.-. Permittees) agrees that waiver of subrogatio\�a nst the ty shall be requested by Permittee(s)' insuror, and sha11—AP-1 ovided at no cost to the City. 7. Forebearance: Failure to insist upon a strict compliance with 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 forms, conditions or requirements. � B. Regulations: The exercise of the use granted herein is at all times to be subject to the regulations governing the Kenai Municipal Airport titled "Kenai Municipal Airport Regulations", Issued in 1976. By signing this permit, the Permittees) acknowledges that he has received a copy of said regulations and has familiarized himself therewith and will comply with the requirements of said regulations. ` 9. Solicitations: Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise ` not contemplated by this Special Use Permit upon, in or above airport I lands without the written consent of the City, is prohibited. j4 10. Removal of Property: Any or all personal or real property placed or used upon lands or in facilities in violation of the t preceding prohibitions may be removed and/or impounded by the City _ of Kenai, and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of ' the costs of removal plus storage charges of $1.00 per day. CITY OF KENAI By UNDER MY HAND AND SEAL OF OFFICE, this day of , lIIVBN NOT'ARV PUBLIC I" -UR ALASKA My Commission Expires Page Two, SPECIAL USE PERMIT I F i 1 PERNI HE �� 1 GWN UNDER MY HAND AND SEAL OF FFICE this —a9 E&- day of Ok ACAS(bt My Commission Expires ?-a2.�'J .f Page Three, SPECIAL USE PERMIT IL L 0 i • AMENDMENT TO LEASE OF AIRPORT LANDS OR FACILITIES ' THIS AGREEMENT, entered into this day of . 1977, by and between the CITY OF KENAI, hereinafter called "City". and Charles J. and Roberta J. Crabaugh, hereinafter called "Assignee". WHEREAS, on the 3rd day of November. 1975, Konstantinos Dimitrios Macheras and City entered into a contract for lease of Lot IA. Deshka Subdivision, Section 5, Township 5 North, Range Il West, S.M., such lease being recorded at Book 94, Page 359, and WHEREAS, by instrument dated May 27, 1977, such lease was assigned to Charles J. and Roberta J. Crabaugh, and WHEREAS, Assignee has a plan for development of premises different from that in the original lease. . NOW, THEREFORE, the parties hereto agree that the pease dated November 3. 1975. and recorded at Book 94, Page 359, Kenai Recording District, between City and Konstantinos Dimitrios Macheras. assigned to Charles J. and Roberta J. Crabaugh May 27, 1977. is hereby amended as follows: (1) Paragraph "D" under "Payment" to provide that penalty in the amount of ten percent (10%) of the amount due shall be paid by Assignee U payment is not made on or before the date due. (2) The purpose for which this lease issued s 1 be amended to read "convenience grocery store" 41,Yd &#t/A- (3) Paragraph 41 of the General Covenants shall be amended to read as (3) follows: Lessee shall construct a steel building at least fifty feet. (501) by 4kw feet ') on the demised premises. Construction of such building and the other improvements. in substantially that form apeoiiled in Assignee's application ' for lease which is attached hereto and incorporated herein by reference, 4 shall be completed by N. , :„�L :., 1. laD,. Wt,f 30, { IN WITNESS WHEREOF, the parties have executed this Amendment. J ASSIGNEES E Charles J. Crabaugh i t e Roberta J. Crabaugh E c b i P , F{ t L 0 ACKNOWLEDGEMENT FOR HUSBAND AND WIFE. STATE OF ALASKA } )ss. THIRD JUDICIAL DISTRICT ) Before me, the undersigned, a Notary Public for and in the State of Alaska, on this day personally appeared Charles J. Crabaugh and Roberta J. Crabaugh, husband and wife, both known to be the persons whose names are subscribed to the foregoing Amendment, 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. OIYEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 1977. NOTARY PUBLIC FOR ALASKA My Commission Expires CITY OF KENAI By John E. wise, City Manager STATE OF ALASKA } }ss. THIRD JUDICIAL DISTRICT ) On this day of , 1977, before me personally appeared , known to be the person who executed the above Amendment and acknowledged that he had the authority to aigp the same, for the purpose stated therein. NOTARY PUBLIC FOR ALASKA My Commission Expires EI i En 1 � a I ACKNOWLEDGEMENT FOR HUSBAND AND WIFE. STATE OF ALASKA } )ss. THIRD JUDICIAL DISTRICT ) Before me, the undersigned, a Notary Public for and in the State of Alaska, on this day personally appeared Charles J. Crabaugh and Roberta J. Crabaugh, husband and wife, both known to be the persons whose names are subscribed to the foregoing Amendment, 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. OIYEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 1977. NOTARY PUBLIC FOR ALASKA My Commission Expires CITY OF KENAI By John E. wise, City Manager STATE OF ALASKA } }ss. THIRD JUDICIAL DISTRICT ) On this day of , 1977, before me personally appeared , known to be the person who executed the above Amendment and acknowledged that he had the authority to aigp the same, for the purpose stated therein. NOTARY PUBLIC FOR ALASKA My Commission Expires EI i En 1 CONSENT OF THE CITY OF KENAI AS LESSOR TO WLLATERAL ASSIGNMENT OF LESSEE'S INTEREST The above Collateral Assignment by Katmai Motel, Inc. of all of its interest, estate and rights as Lessee under that certain lease dated May 5, 1967, and March 1, 1968, between the undersigned as Lessor, and Katmai Motel, Inc. Lessee, pertaining to: Parcel No. I Wt One (1), Part Three (3), of ALEYESKA SUBDIVISION, according to Plat K-1561, filed in the Kenai Recordir District, Third Judicial District, State of Alaska. Parcel No. 2 Lot One A (17A), Part Three (3), of ALEYESKA SUSDIVI: according to Plat K•1561, filed in the Kenai Recordir District, Third Judicial District, State of Alaska. has been reviewed by the undersigned and it is agreed: 1. Katmai Motel, Inc., as Lessee, may execute and deliver such Collateral Assignment to the NABALASKA AND Ct 337 NABALASKA AND CO. J. AND NABALASKA AND G0. 612 iheze_.. called NAB=O). 2. To enable NABALCO to make the contemplated $500,000.00 loan to the Lessee, the undersigned covenants: (a) it will not accept any surrender or enter into any modification or amendment. of the May 5, 1967, and March 1, 1960, lease without the prior written consent of NABALCO. (b) In the event Katmai Motel, Inc. fails to properly and timely meet any of its obligations under the May 5, 1967, and March 1, 1960, lease, or is in default in any respect whatsoever under said lease, it (the Lessor) will give NASALCO written notice of such default or defaults, and minimum of ninety (90) days' time within which to cure th& default(s) or to commence curing and proceed to completion with diligence and continuity, the curing thereoft (o) if by reason of any default of Katmai Motel, Inc., or because of any elective right of Lessor, the subject May 5, 1967, and March 1, 1960, lease be terminated ... - -----------._. at the election of the undersigned prior to the stated i j expiration thereof, the undersigned will enter into a now lease with NABALCO (or its successors or assigns) for the remainder of the term, effective as of the date of such termination at the rent and on the terms and i conditions of the existing lease= subject, however, to these additional conditions: (i) NABALCO (or its successors or assigns) shall make a written request to The City of Kenai •••for such new lease within thirty (30) days after the date of the termination of the existing lease, accompanied by a payment to The City of Kenai of all sums due to the Lessor under the existing lease, plus all reasonable expenses to which the Lessor may have been subjected by reason of the default; • (ii) NABALCO (or its successors or assigns) r shall on or before the execution and delivery of r the new lease, perform all other conditions re- quired to be performed by Katmai Md'tel, Inc., to ( the extent that Katmai Motel,'Inc., shall have ` failed to perform such conditions; (iii) If NABALCO acquires the subject lease- hold interest as a result of a default by Katmai Hotel, Inc., and if NABALCO desires to assign such leasehold interest to an assignee who will under- take to perform and observe the conditions in the j I ; lease to be performed by the Lessee, the under- signed as Lessor will issue a new lease to NABALCO --- - _ assignee. r 3. Nothing contained in the Collateral Assign- ment or in this consent shall relieve Katmai Motel, Inc., of i any of its duties and obligations under the May 5, 1967, and March 1, 1968, lease. A of its duties and obligations under the May S, 1967, and March 1, 1966, lease. Dated: , 1971. CITY OF KENAI By Its STATE OF ALASKA ) as. Third Judicial District ) On toe day of , 1971, before me, a Notary Pub c• n and for the State of Alaska, personally appeared , known to me to be the of THE CITY OF KENAI. He acknowledged to me that he knew the contents of the foregoing instrument and had executed the same on behalf of and as an authorized act of THE CITY OF KENAI. ` Notary PuDlic to and for Aiasxa My Commission expires: -3- T, r I i+ w.. y '- .I .�1/ i: IIII II III lIIIVI1111III IIYI II II III. 11 CiIG GAMIC HUNTING FISHING CHARTC:R FL.YINn i ��- ANDV'SRVINr G SERVI ,i� . DAVID L. DIAMOND 4 R PP. 4. EiC?X BCai 8 PHONE 2033-767G 1 Yq / KENA3. ALASKA 4£3+G1 i dune 29, 1977 W � at ' V City t•;ana;er city of Kenai .Kenai. I-Amicipal Airport Al Kenai, Alaska 99611 Dear Sias: Enclosed please find a, completed lease application for Lot 1, Block 2, GAA. in addition, 1,ndyls Flying Service, Inc. rerpeeti'ully cubmit- a bid of ',525.00 (five Hundred and twenty-five dollar:;) for the lease of this property. p yoursiamond resdent r } Enclosure DLD:S j �K l. I � �r 1 ON 1 a C1.1 r.A P. U. I,= :Co [:.I..AI, t.v";x"t (1101,4E 2a M5 Lease App113cistion 0 pg I of 2 Name of A?plicant hAX/th L. MAMDWA Address Bn"k -1'07 WENAI. ALA5kA 1510/ Business W.,me and Address AhlrjY'F=LYING 5,5,90C -E, INC IRA 3n-7. Is/,rNk/. A-LASkA q -q611 Kenai Peninsula Borough Sales, i'ax No. -2 L04ql.1. State Business License No. 74 - Phone (check one) Lease Lot Descxiption LOT 11 2L()L� ,2.1 &AA veitV,44- 4-W Per mi t. Desired length of Lease or Perjait -57-5- yc-412-S Property to be Used for �'urrAOLC &WI-DIA16 IM 6L)AIrIWAI PA29t1:,A1V6ER WIAITIA16 P601Y) AA1h.WUA161::," PIL07-1-60N&�, ANb Description of *developments (type, construction, size, etc.(A)MA-rtjQ &?A05L I=ILL-. (5.) 4,Of )( 60f R-IJ11 LWA16. Attach development plan to scale 1 inch 50 feet, showing all build- ings planned. Time Schedule LOA/57Vu6-rjoA/ Estimate value of construction: Date Lam -28, 77 Signed �� mea ._ - .' 'i: u._` .. •• - _ _ _ . _ .._.._ . _ _ _-�:_r.:_.. _ •.'._ - _ ..r .. � � I � . _ _ , Il IJ .-__ "i Pacic 3 of R No. t BUILDING INFORMATION C s Name: 4 _ I t 1 ' Construction materials:.STL. I- 1-9-bAM rrci.iPe ", MF_-rAL. LIVE- LAM) AND 213t!. Wrnli'� ...rI!�►� �....._..»............Scale=........1.,,..=w...�`.._......._........r...wY b 1� I I r. • t I d. 3 S� J hL'cl.• `4 Page 4 of 4 IOCISe t1o. LAYOUT PLAN Lot Block Subdivision A A Name I V.1A AJJ?:RAF T Mwlv.4: .-ir M-'.: ;. P120 po A I � r) VC-HICLU: VWK,111f; Scale 1" - 570/ -N- A.M1 AA Description of Property FOR YOUR INFORMATION Annual rental rate or cost Zoned for 7 i(► i- i i I. i i i` Permits required Assessments 1 i C, h� Insurance Required Construction must be started by Completion date for major construction !" ! } ' V7' -N ; THIS APPLICATION WILL BE A PART OF THE LEASE 4 Approvals: Planning Commission By - City Council By t Receipt Acknowledged by applicant { M I ClrY OF KENAI T/W ■ --------------- T/W ■ LEGAL DESCRIPTION: A TRACT OF LAND LYING IN THE SOUTH ►i2 OF SEC. .12. i FA CITY MANAGER'S REPORT #20 (Friday, July 1, 1877) _ T_ 1. Ordinance No. 341-77 - Public hearing on the Mayor's ordinance dedicating proceeds of land sales to a special Capital Improvement Fund. As you remember this was introduced as Old Business at the last meeting to resolve the question over the proceeds of foreclosure sales and in accordance with State law, come this fall we must notify the prior owner of foreclosed property and give them an opportunity to claim an appropriate share of the proceeds. 2. Ordinance 347-77, a hearing on the Special Revenud Fund, Kenai Sr. Citizens Project which is the Title III outreach program. The budget request was sharply reduced, therefore, we had to revise the budget as indicative in this ordinance. S. Ordinance 348-77 for public hearing reference authorizing the purchase of a used motorgrader. You will notice in the DPW report that this was the only used motorgrader currently available in the State. We feel, therefore, that it meets all the special considerations necessary for non-competitive bid. 4. A public hearing on the abatement of public nuisances -- we have received responses from a number of the property owners concerned. These will be presented to the Council as the individual items come up for hearing. The City Attorney will have drafted a resolution which will enable Council to take action on each individual abate- ment hearing. We have pictures of the properties which I feel basically suffice. I will also have the Fire Chief in attendance to discuss any problems on proposed solutions by any property owners. I have no objection to eliminating some of these hazards by fire and controlled burning by the Fire Department, however, I do not want the City to assume responsibility for the cleanup after such a fire was properly controlled. This should be responsibility of the property owners. 5. An application for a new retail license, "The Liquor Store". There is some question whether or not the population of the City permits an additional liquor store. There will be additional information on this presented. 8. Under Persons Present Scheduled to be Heard we have Vesta Leigh who has an application submitted to the City for a gift shop in the Terminal Building. This was presented some time ago and has been held by me pending resolution of the cafe lease application. If you notice on the application that we did receive from Mr. Vadan, he included the franchise for a gift shop. Until this particular issue has been settled with Mr. Vadan, I delayed the presentation of Ms. Leigh's proposal to the Council, however, in the same manner that Kenai Terminal Enterprises proposal on the Terminal Cafe/Bar was considered by the Council, it would be appropriate for the Council to take note of this application and defer action on it until we have determined how we are going to response to the Vadan proposal. REPORT, Page Two 7. We are listing under "Persons Present Scheduled to be Heard" Mr. Edward Garnett representing Arctic Aviation. I did this in that I am not sure that Mr. Garnett will be present but there is a strong possibility he may be and the subject here will be the re -determination of a lease rate for a particular lot which is under the five year renegotiation clause. The assessed fair market value times a 6% return factor created a lease rate which they feel is too high for the specified use of the land which is aircraft parking. They have responded in writing by an objection and propose essentially a mid -point rate as a point of negotiation. The documents will be in this report and available for your perusal. It may be appropriate due to the specified use and the continued use of the land that a rate lesser than a actual 6% return may be properly acceptable by the City. 8. Ordinance 350-77, which is a Special Revenue Fund in behalf of the Kenai Volunteer Fire Department. The Volunteers desire to present the City with a flagpole for the Fire Department. To accommodate them and to save some expense to that particular group it is desirable that we accept the donation and then make the purchaase using the City's name to minimize the cost of the flagpole. I recommend approval of this particular ordinance. 9. Ratification of purchase of sign baking machine and the awarding of the contract for the purchase of the machine. The four members at the Special Meeting of June 29, 1977 were contacted individually at the conclusion of the meeting and they agreed to award the purchase to 344 for a VAL-11 at some $3,855. This is required prior to the end of the fiscal year so that we can make proper commitment y and appropriate funds out of that fiscal year's budget. However, we do need this confirmed to meet the bidding law requirements. 10. Ordinance 351-77 for introduction is to fund the Step .I of the Sewer Treat- ment Plant Project Study. It receives in appropriations from the Federal Grant, the State Grant and the Borough contract as well as City funds to fund the $79,000 involved within the contract itself. 1 recommend approval. U. Janitorial Contract -- this is approval of the contract for janitorial service in the Kenai Terminal Building. Actually, the bid was awarded some time ago and they have been used in the building with the termination of our previous Janitorial service. But we need to have the contract for this coming year properly approved. 12. Appointment to Planning Commission of Mrs. Diana Lundstrom . 13. In the body of the "New Business" there are several leases which are up for approval as to renegotiation of terms (i.e. the re -appraisal), some are terminal leases which are annual "Special Use Permit" and so forth. All are in order and as we requested through the reevaluation and the renegotiation. In the event that Mr. Garnett does not speak under "Persons Present Scheduled to be Heard" on the Arctic Lease, we have that on as a New business item. We should discuss this at this time if it is not previously discussed. i REPORT, Page Three i 14. 1 have received word from the FAA that the 29 acres (Beaver Loop to the Spur Highway and Walker Lane) will be released and the documents are being prepared now for review by the FAA attorneys. I would also note that the party that was interested in a motel site of some 7 acres at the corner of Beaver Loop and the Spur will present a lease application concept -type to the Planning Commission on the 13th. 15. City Attorney is trying to contact Mr. Vadan to determine his response to our letter following last Council meeting relative to naming principals and a commitment as to either performance bond or some type of escrow as to the renovation of the building. He has responded by telephone, however, we have not received any additional word from him' -- we are trying to make contact at this time to determine exactly what the status is. 16. We will have a revised draft of the Salamatof Seafoods, Inc. lease for the dock and some proposed change in language to the Use Permit for your review by next meeting. I believe that it is essential that this be cleanly reviewed as we must make it available to the public as I understand there is some public protest over the lease itself. 17. Engineering on the Roads a Trails Program and on the Water Line and Sewer Line for Tinker Lane have commenced and hopefully we will have the data for the Council to enable us to make a determination as to where we are actually going to proceed. 18. The zoning amendments that were referred back to the Planning Commission by the Borough Assembly have been essentially revised by the Planning Commission. They will be reviewed in their revised form on the 13th and probably at that time scheduled for public hearing the 27th of July. There is -dvery reason to believe that they will be going back to the Assembly, hopefully in early August, for their action. 19. In coordination with our consultants CH2M Hill, the City Attorney and myself, we have drafted a response to the Stipulation prepared by EPA relative to our violation of our permit on the operations of the Sewer Treatment Plant. Again, we have proposed a $100 fine, however, we have added language to indicate that some of our problems were created by the stringent limits of the permit itself and that we are taking action in good faith to overcome this as rapidly as possible. - 20. In the packet is a memorandum relative to the Fire Department and their resignation and other demands. I would like to discuss this with Council in Executive : Session as I feel its a personnel matter and should not be discussed in public. 4 f t REPORT, Page Four i i 21. The office relocation project is moving slowly but its moving. We have done the basic tearing out of partitions in the other office and have come to a basic agree- ment within the staff as to how the offices are to be arranged. Hopefully, we will be able to move on this project without too much delay. 22. Our Master Plan consultants on the Airport Study will be in Kenai the week of the lith and on the 14th in the Public Safety Building we will have a meeting of the Airport Advisory Committee and also any interested citizens. We will publicize the meeting to insure we have as much public input as is reasonable and is possible. You are all encouraged to attend. f AL A i I KENAI PENINSULA BOROUGH AGENDA FOR THE RIiGULAR ASSEMBLY MEETING JULY S. 1977; 7:30 P.M. BOROUGH ADMINISTRATION BU I I.D ING P. 0. BOX 850 SOLDOTNA, ALASKA 99669 - A G E N D A- 1 I! ASSEMBLY A. CALL TO ORDER AND ROLL CALL Fischer 9 McAllister it B. PLEDGE OF ALLEGIANCE AND/OR OPENING CEREMONY McCloud 7.5 Mika 9 C. SEATING OF NEW ASSEMBLYMEMBERS (none) O'Connell 9 Oldow 7.5 D. AGENDA APPROVAL Thomas 10.67 Branson 9 E. MINUTES OF: June 21, 1977 Cooper 10 Corr 9 F. ORDINANCE HEARINGS: Crawford 4 Davis 9 (a) Ord. 77-36 "An Ordinance Concerning Douglas 9 Rezoning within the City of Soldotna" Elson, Jim 10.67 (Hillcrest Sub) Elson, JoAn 10.66 Fields 9 (b) Ord. 77-37 "An Ordinance Concerning Rezoning Within the City of Kenai" (Mommsen Sub 1 and 2) (c) Ord. 77-38 "An Ordinance Concerning Rezoning Within the City of Seward" (Lots 21 - 24, Old Townsite) (d) Ord. 77-39 "An Ordinance Concerning Rezoning within the City of Seward" (Jesse Leo Heights Sub) (e) Ord. 77-40 "An Ordinance Concerning Rezoning within the City of Seward" (Marathon Addition) G. INTRODUCTION OF ORDINANCES: d/I " (a) Ord. 77-42 "An Ordinance Concernin ' Rezoning within the City of Kenai" (Valhalla Heights Sub Part 2) 1% (b) Ord. 77-43 "An Ordinance Concerning " Rezoning within the City of Kenai" (Highlands Sub, Blk 4) (c) Ord. 77-44 "An Ordinance Establish in the office of the Kenai Peninsula Borough Clerk" (d) Ord. 77-46 "An Ordinance Concerning / Rezoning within the City of Seward" (Laubner Addn, R-1 to CG) (e) Ord. 77-47 "An Ordinance 3.04.290 of the Borough Amending Sec. Code of Ordinances to Establish the Salary Schedule for Employees of the Borough for the Fiscal Year 1977-78" 1 I! r r AGENDA FOR JULY 5, 1977 Page 2 (f) Ord. 77-48 "An Ordinance Placing on the Ballot at the next General Election the Questions as to Whether the Municipal Officers of the Kenai Peninsula Borough Shall be Exempt from the Financial Dis- closure Law and from the Election Campaign Fund Disclosure Law" H. PUBLIC PRESENTATIONS (with prior notice) i j (a) Hope Village Council Willie $ Robert Davidson James B. $ James K. Spearin Robert Monson { r I. COMMITTEE REPORTS ! (a) School Board (O'Connell, Corr; Fischer) (b) Cook Inlet Air Resources (Branson, Davis)' ' 1. Dr. Reid, District Consultant ' {Proposed ordinance included) (c) OEDP Committee (Fischer) (d) Sales Tax (Douglas, Cooper, Thomas) Finance (Jim Elson, Mika, O'Connell, Oldow, Crawford) ie) f) Parks & Recreation Council (Corr) g Roads & Trails/Solid Waste (Crawford, McCloud,•Corr, Douglas, Branson) J. MAYOR'S REPORT ` (a) Memo Re: Budget Transfers i 1 (b) Memo 77-76, Nominations for Coastal Commission with letter from Gov. Hammond (c) Memo 77-74, California Visit with OMAR Re: El Paso Line K. SCHOOL CONSTRUCTION REPORT e (a) Memo 77-75, Bond Issue Financing with letter and HB 89 (b) Memo 77-78, Seward Elementary Recarpet and Overlay Res. 77-42 "A Resolution Authorizing Expenditure of Funds from the Unassigned Appropriation for - - Fiscal 1977-78 Capital Projects to Seward Elemen- tary Recarpet and Overlay" V 1 (c) Memo 77-79, Landscaping Borough Facilities Res. 77-44 "A Resolution Authorizing Expenditure i of Funds from the Unassigned Appropriation for Fiscal 1977-78 Capital Projects to landscaping Projects at Borough Fdcilities" (d) KPBSD Furniture G Equipment Lists: Nikolaevsk School, Seward High School, Bartlett School 7 L V_ .1i 1 J u AGENDA FOR JULY 5, 1977 Page 3 L. OTHER BUSINESS (a) Memo Re: Generator Program and Res. 77-40 "A Resolution Authorizing Transfer of funds from Unassigned Capital Reserve Funds" (b) Res. 77-41 "A Resolution Recognizing the Kenai Borough Employees' Association as the Collective Bargaining Agent for Fiscal Year 1977-78 for the Employees 1%%o Are Designated Within the Bargaining Unit and Authorizing Negotiations to Formulate an Agreement or Ordinance Establishing a Mutually Satisfactory Labor Relations Policy" / (c) Res. 77-43 "A Resolution Authorizing Nominating /1 . certain Lands Within the Chugach National Forest"/ 1 (d) Memo 77-80, Live Broadcasts of Assembly Meetings with letter from KQOK, John Davis "'�✓✓� 1� (e 7 Me -77 gPP P1 nnin Comm'ssion A ointments ,2_, 3 J �—� (f o 77-81, Borough Building Change Orders ✓✓✓ /� M. MAYOR AND ASSEMBLY: COMMENTS AND DISCUSSION: d �/ I (a) Excused absences: McCloud, July 19 $ August 2; Thomas, July 19; Crawford, June 21. n �/ N. PUBLIC PRESENTATIONS 0. INFORMATIONAL MATERIALS AND REPORTS (a) School District: Agenda for July 6, News in Brief for June 20, Minutes for June 6, 1977 (b) Bear Creek Fire Service Area Minutes, May 2, 11, June 13, 1977 (c) Correspondence: 1. ABC Board, Moose River Bar Transfer of license 2. NEWS, Dept. of Labor Anchorage area index 3. Memo Re: Time limit for Agenda material 4. Dr. Gallaher Re: expenditure of funds for schools P. NEXT MEETING: July 19, 1977, Borough Administration Building Soldotna, Alaska. L I 4 July 1, 1977 CITY OF KENAI „O,�l G�" aG i4�„ V.0. BOX 580 KENAI, ALASKA 99611 TELEPHONE 283 • 7535 i TO: John E. Wise, City Manager L . FROM: Phillip Aber, Director of Public Works WEEKLY REPORT FOR MEEK ENDING JULY 1, 1977 EDA Water Well Project As was explained at our special meeting on June 29, 1977, we have finished the test pumping of Well #2 and the motor and pump has been ordered. Due to a lack of money in our EDA Water Well Project, the test pumping stage of our new well had to be terminated prior to the receiving of complete data on draw down and vield in our new well. After many discussions with the Project Engineer Harold Galliett, Garth Pehrson, and myself, it was felt that the pump and motor should be designed to produce 1,200 GPM for a fairly continuous period. This production, of course, will vary depending on the cycling time of the well pump. Alhen the pump first starts, the well should produce approximately 1,400 gallons per minute. As the head above the pump is reduced, the production should drop to around 1,200 GPM and hold at this rate for a number of hours. As previously mentioned, an exact time cannot be given for production at this rate due to a lack of time and information acquired during the testing stage of this program. The building contractor is erecting the lean-to on one side of the building that will house the new well pump and chlorine room. The electricians are finishing up the wiring for the pump and some minor controls. There are two major items left in this project, one being the construction of the building to house the standby generator and the rehab of Well #1. As I am sure you recall, the building for the standby generator will be rebid and will come back to the Council prior to awarding the contract. The rehab of Well #1, of course, will not take place until the pump has been installed in Well #2 and we have had adequate time to operate the new well and to eliminate any start-up problems. Once these problems are eliminated we will put the new well on line and at that time begin the overhaul of Well #1. WEEKLY REPORT July 1, 1977 Page 2 Sewer Treatment Plant Study It appears that we will finally be able to begin our study on the sewer treatment plant and collection system,sometime in the first week of July. This study should take approximately a month to two months and possibly an additional month late this fall. This study will provide us with the information needed to, in turn, apply for Step 2 funding from EPA and the State. This funding will allow us to take the information from the study and go into the design phase of this program. In discussing work to be done on the sewer treatment plant, the administration is preparing the information required to advertise for bid for the repair of the roof on the sewer treatment plant as well as the replacement of the existing ruined cabinets, counters, and sinks in the plant lab. As you recall during budget session, these items were budgeted. However, during the work sessions it was felt that money for these repairs would come from existing bond monies rather than from the 77-78 operating budget. Note: The water and sewer crew has been very busy this summer witF the inspection of new water and sewer mains as well as water and sewer service connections. At the same time, they have been repairing lift stations and working on a number of repair and maintenance problems with the City's water and sewer system. To date, there has been no chance to work on the referencing of gate valves on our main water lines nor manholes on our sewer collection system. The street crew has been spending their time on the blading of City streets, the patching of cracks and holes id the airport runway and taxiways, and on the construction of a retaining wall and the replacement of cement pads on the City's dock. As I have previously mentioned, once the hydraulic fittings and connections arrive for our oil distributor truck two men will spend the majority of the summer doing nothing but oiling streets to help control the severe dust problem. t f -w W July 1, 1977 ' MEMO TO: John E. Wise, City Manager CITY OF KENAI ••Od cap" al 4�""1. P. 0.8071 680 KENAL ALASKA 99611 TELEPHONE 289 • 7633 FROM: Phillip Aber, Director of Public Works SUBJECT: Purchase of a Used Motorgrader On June 27, 1977, I made contact by phone with four heavy equipment dealers in Anchorage. These companies were the following: NC "achinery, Carrington Company, Craig Taylor Equipment Company, and Yukon Equipment. Craig Taylor Equipment had an 80 horsepower, John Deer motorgrader. This is a small blade used mainly on parking lots and by small contractors. This machine is in no way adequate for our needs. Yukon Equipment had no used blades on hand and didn't have much faith in finding one in the near future. Carrington Company, which is now Howard Cooper Company, were only aware of pne used blade and this was a 1972 Austin -western which was in the lower 48. They had no idea of the price or condition of this machine or if it was even still available. On June 29, 1977, Yukon Equipment called again and they still had no used blades nor an idea of where they might find one. In talking to NC Machinery, they still had on hand the 1974, model 12-G, Cat. motorgrader which was previously requested by myself in the ordinance that was introduced at the last City Council meeting. Again I would like to say that I feel from past experience that Caterpillar equipment is far superior equipment and has a number of advantages over other makes of equipment. First of all, a very important item is their resale value, which is always considerably higher than other makes of equipment. This particular machine has very few hours on it and, if purchased, will be a preferred buy, which means that it will come with a warranty period. This particular machine is articulated, which is a definite advantage for use in maintaining City streets. It has very good visibility and comes equipped with a snow wing and a rear mounted ripper scarifer unit. One final item, and a very important one, is the availability of parts and service for these machines. As you are aware, at present the City owns two pieces of Caterpillar equipment. The availability of parts and the prompt service on these machines has been very good in the past years. NC Machinery also has a field service man which is normally in this area at least two weeks every month. This service is quite beneficial when dealing with major breakdowns or unknown problems. e f l KENAI PENINSULA E30R000H 1 80% 880 • SOLDOTNA. ALASKA 99689 ` PHONE 282.4441 DON GILMAN f[ MAYOR June 27, 1977 10 9 1 John E. wise City Manager City of Kenai Box Sao Kenai, AK 99611 Dear John: As soon as the data processing department can get to your request they will furnish your office with the following: 1. Computer print-outs of the real property tax rolls, listed alphabetically and by parcel number; 2. A personal property tax roll listed alphabetically; 3. A print-out as to oil properties which are relative to the City. In the past, most of this information has been furnished to each city as it becomes available. Sincerely, Iai�t1 A(.l'1ZLirrA Donald Thomas rr Assessor Kenai Peninsula Borough DT:lrh ,j ac: Mayor Gilman Roy Barton, Pinance Dept. Ken Valentine, Data Processing ,n lamie KENAI PENINSULA BOROUGH BOX 980 • SOLDOTNA. ALASKA 99669 PHONE 262.4441 DON GILMAN �MAAVOa -1 - June 23, 1977 �P(� 9 John E. Wise (� City Manager City of Kenai P. O. Box 560 Kenai, AK 99611 Dear John: Mayor Gilman passed your request about personal property on to me. Until we finish our supplemental tax rolls it will be impossible for us to give you a satisfactory answer at this time. In scanning through the list it looks like some filed on business returns; a few did not live in the City on January 1, 1977; others do not live in the City even though they might own real property; another off - the -top -of -my -head conclusion is that some were not married or re- married as of January 1st (name changes) . We do continually up- date our assessment rolls with name and address changes. John, I would estimate it will be 90 to 120 days before we will be able to check this list. The reason being we are currently working on the First and Second Supplemental tax rolls. I felt I should make you aware of this time lag. Sincerely, A Donald Thomas Assessor DT:lrh cc: Don Gilman, Mayor 1K ., W ,,: f aa- v i MEMORANDUM June 15, 1977 r -- — -. YO: -'Phillip,Ab er, Director of Public Works :�< 4FROM: 'John >;. ise, ty h1anager This is in response to your memorandum of June 1, 1977, regarding correspondence received from Mr. Nick Poppin regarding his development of a thirty-five acre tract at approximately Mile 5 of the Kenai Spur Highway. As I see it, there are three questions proposed in this letter, as follows: (1) The streets within the subdivision. (2) The access road to the property. (3) Development of Marine Avenue in the Original Townsite of Kenai. The first question I would like to address is the access road to the propperty. If this'access road runs through property owned by the Poppins or controlled by the Poppins and is riot a section line right-of-way, it should be paved because it abutts the Spur Highway, which is a paved road. If it is not controlled by them but simply a section line easement for a right-of-way, then it appropriately would be in conformance with existing standards for a gravel road in the City. This, in turn, answers the question of the streets within the subdivision. If the access road is required to be paved, then the roads within the subdivision should be paved. If the access road is not required to be paved, based on the above criteria, Ordinance No. 60 establishes the standards for the roads in the subdivision. In reference to development of Marine Avenue in the Original Townsite of Kenai, they are asking about extending Marine Avenue to a certain degree. The question here appropriately relates to an assessment district. They should file a petition for an assessment district and the City Council will act as it deems appropriate regarding approval or disapproval of the district and the appropriation of the cost: JW/eh cc: Kenai. City Council KENAI PL;;1':sULA RORuUGII AGENDA FOR MI NU ITS 01: THE I:f.G1I11AR Ml::.'I' I ii1; OF 1,1I1i ASS EMRLY JUNE 7, 1977; 7:30 P.M. Atli) RECONVENH) .IIINIi 14, 1977; 7:30 P.M. 1;OIZOUGl l AD`I I S I S1'RA'1' 10N BUILDING 1'. U. 110X 350 SOLDOTNA, ALASKA 99669 - A G E N D A- i Paye No. A. CALL TO ORDER AND ROLL CULL 1 B. PLI4DGE OF ALLEGIANCE AND/OR OPENING CEREMONY 1 C. SEATING OF NEW ASSEMBLYMEMBERS (none) 1 - D. AGENDA APPROVAL 1 E. MINUTES: May 17 F, 18 BOE; May 17 Regular Mtg. 1 I F. ORDINANCE HEARINGS: 1 I (a) Ord. 77-28 "An Ordinance Concerning Rezoning Within the City of Soldotna" (Riverside Dr.) 1 Defeated I (b) Ord. 77-29 "An Ordinance Concerning Rezoning within the City of Seward" (Blk 8, Lots 21-25) 1 P.nactod (c) Ord. 77-30 "An Ordinance Appropriating Funds for Fiscal Year 1977-78 for General Fund" 2 Enacted (d) Ord. 77-31 "An Ordinance Appropriating Funds for Fiscal Year 1977-78 for Capital Projects" 4 Enacted (o) Ord. 77-32 "An Ordinance Appropriating Funds for Fiscal Year 1977-78 for All Service ' Areas in the Borough" 5 Enacted r _ (f) Ord. 77-33 "An Ordinance Calling a Special Election to Be field in the Bear Crock Fire Service Area on July 12, 1977, and Authori- ` 1, zing the Issuance of Bonds of the Kenai Peninsula Borough in an Amount Not to Exceed i $130,000 to be Used for the Purpose of Acquir- ing a Site and Constructing and Equipping a Fire Station and Related Facilities to be Located in the Bear Creek Fire Service Area, e r, with Repayment of Such Indebtedness to be Derived from Proporty Taxes to be Levied Within the Bear Creek Fire Service Area, Subject to the Approval of the Voters Voting in the Special Election" 6 Enacted (g) Ord. 77-34 "An Ordinance Appropriating Funds for Fiscal Year 1977-78 for Solid Waste Pro- jects from Federal Revenue Sharing Funds" 7 Enacted (it) Ord. 77-35 "An Ordinance Approving the Exer- cise of Power by the City of Kenai to Protect - Its Watershed Outside Its Boundaries" 7 Defeated Rofer to PC on Recon. G. INTRODUCTION OF ORDINANCHS: (a) Ord. 77-36 "An Ordinance Concerning Rezoning Within the City of Soldotna" (Ilillcrest Sub) 8 Set for Hear. �� _ - - 'a,e•. i d.+��1114III� 1 11 i.l I I. I.I k- '•�—�s_,�r-..cam....... ... - - .. -----� --._-......._..:...:.-,..-.,.... ...., ... _ ,�,-- - •--- - - ,�... u A(TNDA FOR X I :UTES llf: REC(1NVENlin Ml L.TING .IUN;Ii 14, 1177 I'aZ,e No•. (d) Res. 77.31 "A Itcsulution Authuri zingthe TWndiri; arnd Award ol* Construction Contracts for Local Service Roads" 16 Adopted (e) Tax Adjustment Requests 17 Approved (f) lies. 77-29 "A Resolution Authorizing the Mayor to Contract I'or the Services of Alaska Public Utilities Commission Permittees for the Ifauling of Solid Wastes from 'temporary i Disposal Facilities to Permanent Disposal Facilities Under the Terms and Conditions of Duly Authorized Tariffs Approved by the Alaska Public Utilities Commission" 17 Adopted (g) Sportsman's Lodge, Request for New Beverage Dispensary License 17 No Objection M. MAYOR AND ASSEMBLYML•MBERS: COMMENTS AND DISCUSSION (a) Mr. Mika; roads $ trails list 18 (b) Mr. McCloud; paving hwy. i (c) Mr. Fischer; swimmingpools; Tustumena Rd. (d) Mr. Fischer; board members I (e) Mr. O'Connell; roads 4 trails priorities (f) Mr. O'Connell; zoning outside cities (g) Mrs. Branson; zoning ordinance request (h) Mr. Fields; roads f, trails (i) Mr. Fields; reconsideration on introduction (jj) Mr. Corr; roads F, trails (k) Mr. Corr; bill on assessing allowances I N. PUBLIC PRESENTATIONS ! (a) Ms. Stephanie LeFluer, Soldotna 19 { 0. INFOUATIONAL MATERIALS AND REPORTS P. NEXT MEETING: June 21, 1977, 7:30 p.m. V- T- -Ir -r - r _-_- --% i i a NOTIC PLEASE DISREGARD PREVIOUS IMAGE. DOCUMENT HAS BEEN REFILMED ON FOLLOWING FRAME. V -------- KENA I I'1.;:1 ::;111.,1 110R011cal AGI.NDA FOR OF '1111: RI.GULAR 01; THE AS LMBLY .ZUNI: 7, 1977; 7:30 P.M. AND RI:CoN6;NI:D JUNE 14, 1977; 7:30 P.M. BOROUGH A11F11 N I S1'RAT 10N IlU I LU I NG 11. 0. BOX 350 SOLDOTNA, ALASKA 99669 - A G H N D A - Page No. A. CALL TO ORDER AND ROLL CALL 1 B. PLEDGE OF ALLEGIANCE AVD/Olt OPENING CEREINIONY 1 C. SEATING OF NEW ASSEMBLYMEMBERS (none) 1 D. AGENDA APPROVAL 1 E. MINUTES: May 17 $ 18 BOE; May 17 Regular Mtg. 1 F. ORDINANCE HEARINGS: (a) Ord. 77-28 "An Ordinance Concerning Rezoning Within the City of Soldotna" (Riverside Dr.) 1 Defeated (b) Ord. 77-29 "An Ordinance Concerning Rezoning Within the City of Seward" (Blk 8, Lots 21-25) 1 Enacted (c) Ord. 77-30 "An Ordinance Appropriating Funds for l:iscal Year 1977-78 for General Fund" 2 Enacted (d) Ord. 77-31 "An Ordinance Appropriating Funds for Fiscal Year 1977-78 for Capital Projects" 4 Enacted (e) Ord. 77-32 "An Ordinance Appropriating Funds for hiscal Year 1977-78 for All Service Areas in the Borough" 5 Enacted (f) Ord. 77-33 "An Ordinance Calling aSpecial hiection to Bo Hold in the Bear Creek Fire Service Area on July 12, 1977, and Authori- zing the Issuance of Bonds of the Kenai Peninsula Borough in an Amount Not to Exceed $130,000 to be Used for the Purpose of Acquir- ing a Site and Constructing and Equipping a Fire Station and Related Facilities to be Located in the Bear Crock Fire Service Area, with Repayment of Such Indebtedness to be Derived from Property Taxes to be Levied Within the Boar Creek Fire Service Area, Subject to the Approval of the Voters Voting in the Special Election" 6 Enacted (g) Ord. 77-34 "An ordinance Appropriating Funds for Fiscal Year 1977-78 for Solid Waste Pro- jects from Federal Revenue Sharing Funds" 7 Enacted (h) Ord. 77-35 "An Ordinance Approving the Exer- cise of Power by the City of Kenai to Protect Its Watershed Outside Its Boundaries" 7 Defeated Refer to PC G. INTRODUCTION OF ORDINANCES: on Recon. (a) Ord. 77-36 "An Ordinance Concerning Rezoning Within the City of Soldotna" (Ilillcrest Sub) 8 Set for 11oar. a r i 1 7 1 1 A(iI:N))A FOR MINUTCS OF jumi 7, 1977 (b) Ord. 77-37 "An Ordinance Concerning Rezoning lyTt1jn t ►e City of Kenai" (Monuuseu Sub) 8 Set for Ilcar. (c) Ord. 77-38 "An Ordinance Concerning Rezoning r%r fl -110 t)ic' City of Seward" (Lots 21-24 OT) 9 Set for 11car. (d) Ord. 77-39 "An Ordinance Concerning Rezoning 11iliin the City of Seward" (Jesse Lee Heights) 9 Set for Ilear. (e) Ord. 77-40 "An Ordinance Concerning Rezoning Within the City of Seward" (Marathon Sub) 9 Set for Bear. If. PUBLIC PRESENTATIONS (with prior notice) (a) Mr. Dick Barnes, Alaska Pipeline and Res. 77-33 "A Resolution of the Assembly of the Kenai Peninsula Borough. Alaska, Consent- ing to the Location of Facilities for the Furnishing of Gas to be Financed by the Alaska Industrial Development Authority and to be Located Within the Kenai Ponineula Borough" 9 Adopted with Notice•of Recor. 1. COMMITTEE: REPORTS (a) School Board (O'Connell, Fischer, Corr) 11 b) Cook Inlet Air Resources (Branson, Davis) c) OEDP Committee (Fischer) Sales Tax (Douglas, Cooper, Thomas) �d) e) Finance (Jim Elson, Mika, O'Connell, Oldow, Crawford) (f) Parks 4 Recreation (Corr) (g) Roads F, Trails/Solid Waste (Fields, Crawford, 12 McCloud, Douglas, Corr, Branson) J'. MAYOR'S REPORT (a) Res. 77-32 "A Resolution Acknowledging Forma- tion of the Kenai Peninsula Borough Employees' Association" 12 Adopted as Amended K. SCHOOL CONSTRUCTION REPORT (a) Memo 77-61 Bid Opening and Res. 77-30 "A Resolution Authorizing Transfer of Funds from the Teacherage at Tyonck to Capital Projects at Sterling, Tustumena, Anchor Point, Port Graham Teacherage and the English Bay Basement Renovations" 14 Adopted L. OTHER BUSINESS (a) Res. 77-27 "A Resolution Setting the Rate of Levy for Real and Personal Property Taxes for the Kneai Peninsula Borough and for Service Areas Within the Borough for the Tax Year 1977" 15 Adopted (b) Res. 77-28 "A Resolution Calling a Special lilection to Place Before the Voters of the Bear Creek Fire Service Area the Proposition of Whether Ordinance 77-33 Should be Approved" 1S Adopted (c) Waiver of Time for Filing; Senior Citizens and Disability Exemption Applications (lough, Garoutte, Eagle 15 Approved r V KENAI PENINSUL!! BOROUGH MINUTES OF THE REGULAR ASSEI.IIII.Y MEETING JANE 7, 1977; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER AND ROLL CALL. The meeting was called to order by Pres. Elson at approximately 7:30 p.m. PRESENT: Asserblymembers JoAnn Elson, Fields, Fischer, McCloud, Mika, O'Connell, Oldow, Branson, Cooper, Carr, Crawford, Davis, Douglas, Jim Elson; Mayor Gilman, Atty. Sarisky, Fi•.►ance Director Barton, Asses --Dr Thomas, Planning D.'_roctor Waring, Public {Yorks Director Hakert ABSENT f, EXCUSED: Assemblymembers McAllister and Thomas B. PLEDGE OF ALLEGIANCE AND/OR OPENING CEREMONY C. SEATING OF NEW ASSEMBLYMEMBERS (none) D. AGENDA APPROVAL The Clerk recommended adding Res. 77-33 and a presentation by Mr. Dick Barnes of Alaska Pipeline to the agenda. The item was added under 11. Public Presentations and included Res. 77-33. The agenda was declared approved as amended. E. MINUTES: May 17 $ 18, 1977 Board of. Equalization and Regular Assembly Meeting of May 17, 1977 . The minutes were declared approved as issued. F. ORDINANCE HEARINGS: (a) Ord. 77-28 "An Ordinance Concerning Rezoning Within the City of Soldotna" (Riverside Dr.) The ordinance was read by title only as sufficient copies were available for the public. Pres. Elson explained for the benefit of the public that the subdivider and the City of Soldotna have regvested the rezoning request be withdrawn. However, since the ordinance has been advertised for public hearing for this meeting, the public is welcome to speak on the ordinance at this time. There was no one wishing to speak and public hearing was closed. ASSEMBLYMEMBER COOPER SECONDED BY JIM ELSON MOVED TO ENACT ORD. 77-28. QUESTION WAS CALLED AND THE ORDINANCE: FAILED BY A UNANIMOUS VOTE (122.34). (b) Ord. 77-29 "An Ordinance Concerning Rezoning Within the City of Seward" (Blk 8, Lots 21-2S OT) The ordinance was read by title only as sufficient copies were available to the public. Public hearing was declared open. There was no discussion and public hearing was closed. Noted for the record is the recommendation the rezoning be approved as indicated by the City of Seward Advisory Planning Commission and the Borough Planning Commission. - i - t AGUNUA I•UR ITES OF RECONVI-,%1:0 MELTIM; .11l;ai 14, 1977 Pai!e ,No. (d) Res. 77.31 "A Resolution Aulhorizinr the f`unJH1_ :incl Aw,,rd of Construction Contracts for Locat Service (toads" 16 Adopted (e) Tax Adjustment Requests 17 Approved (f) ties. 77-2.9 "A Resolution Authorizing the ,mayor to Contract for the Services of Alaska Public Utilities Commission Permittees for the hauling of Solid Wastes from Temporary Disposal Facilities to Permanent Disposal Facilities Under the 'Perms and Conditions of Duly Authorized Tariffs Approved by the Alaska Public Utilities Commission" 17 Adopted (g) Sportsman's Lodge, Request for New Beverage Dispensary License 17 No Objection M. MAYOR AND ASSEMBLYMBIBERS: COMMENTS AND DISCUSSION (a) Mr. Mika; roads $ trails list 18 (b) Mr. McCloud; paving hwy. (c) Mr. Fischer; swimming pools; Tustumena Rd. (d) Mr. Fischer; board members (e) Mr. O'Connell; roads & trails priorities (f) Mr. O'Connell; zoning outside cities (g) Mrs. Branson; zoning ordinance request (h) Mr. Fields; roads $ trails (i) Mr. Fields; reconsideration on introduction (j) Mr. Corr; roads $ trails (k) Mr. Corr; bill on assessing allowances N. PUBLIC PRESENTATIONS (a) Ms. Stephanie LeFluer, Soldotna 19 0. INF0101ATIONAL MATERIALS AND REPORTS P. NEXT MEETING: June 21, 1977, 7:30 p.m. j til NAI 111:NANS111-A B011011WI ,1SSE. BLY RU;ULAR MLLIA 6 MI.NWILS .IIINIi 7, 1977 _. -- - - --- _--- --- l'Vd; Z - i ASSL'MISLYMEMBER OLDOIi SGCO."AWD BY WC1,01111 •MOVIiD To F'JACT ORD. 77-29. QUESTION WAS CALLED AND Tlili ORDINANCE LNACIF.0 BY A UNANIMOUS voTE. (c) Ord. 77-30 "An Ordinance Appropriating Funds for Fiscal Year 1977-713 for General Fund" The ordinance was read by title only as sufficient copies were available to the public. Public hearing was declared open. There was no one who wished to be heard and public hearing was closed. ASSEMBLYMEMBER JIM ELSON SECONDED BY FIELDS MOVED FOR ENACT- MENT OF ORD. 77-30 INSERTING Tl1E FIGURE OF $3,288,662' IN LIEU OF $2,771,536. *Note that total amount shown in the ordinance was added after amendments were made. In support of his motion Mr. Elson read into the record the recommendations of the Finance Committee: Recommendation 1. Increase employee benefits as follows: 1. Retirement increase from 8% to 11 1/2% (cost $63,800) 2. Across the board salary increase of 3 1/20 ($S7,000) 3. Addition of visual care to the medical -dental insurance program and increase the borough's share of premium by So to a total of 90%. (cost $5,600) 4. Pay $2.S0 per day for use of private vehicle to be used twice daily to post office (cost $250) Rucommendation 2. Adjust Assembly's budget as follows: 1. Increase microfilming as follows: (cost $39,636) Senior Clerk/typist (salary 4 benefits) $16,853 Part time help (300 hours) 1,283 Desk, chair f, typewriter 1,500 Microfilm equipment 20,000 2. Shelving for archive vault $ 3,000 Chairs to replace Assembly chairs 6,000 3. Increase contingency for legislative work 40,000 Total Assembly budget adjustment $89,666. Recommendation 3. Mayor's recommendation. 1. Establish a capital reserve fund of $1,000,000 to be appropriated to a capital reserve line item so that the Assembly may, by resolution, transfer funds from that line item to any project as it is developed "ad bids are received. Recommendatioig 4: Mayor's recommendation. 1. Establish an insurance reserve fund of $250,000 to permit the borough to carry $100,000 deductible insur- ance on its buildings with a $500,000 total aggregate for the year. A premium savings will be approximately $27,000 annually. The Borough is in an excellent posi- tion to start a self insurance program such as this and history indicates that our excellent loss ratio should be advantageous to the borough. The Assembly must realize that it would theoretically !Le possible to have losses up to the $500,000 limit inone year. Recommendation S. Recommend the Assembly concur in the Mayor's recom- mendations for changes in the personnel ordinance and that amendments be prepared for adoption. MAE L ASSEMBLYMFMBiiR ASI KA SECONDED BY BRANSON MOVED TO AMEND RECOMMEN- DATION 1, IRM 2 TO 'A 6.78 ACROSS TILL BOARD INCREASE. In reply to questions during the discussion of the amendment, Mr. Barton reported by going back to the original package of benefits and adding a 6.78 salary figure, increases would result in a $184,000 or 11.210 overall increase in the salary package. QUESTION WAS CALLED AND Till" MOTION FAILED BY A VOTE OF 57.34 "Yes" to 65 "No" VOTE AS FOLLOWS: YES: JoAnn Elson, Fields, Mika, Corr, Douglas, Jim Elson NO: Vischor, McCloud, O'Connell, Oldow, Branson, Cooper, Crawford, Davis - 3 - I Ki:NAi ITN IN'All.A VMR011611 ,tS` 0,11ILY 1!1.01LAR All L-H.J; MIIN3111,�, t JUNE 7. 1977 PAGE 3 l ASSENIBLYNIFIIWH I:1.SON `iIXONIWD BY COOPER MOVE TU AMEND 1'111: BUDGET TO ADOPT 'fill: IiINANCE COMMITTEE'S l(FCOSINENDATIONS OI: JUNK 7. sE Mr. Fields objected to the 3 1/2o increase in base pay. The cost of living has increased this year by 7.8; and the employees is should have a 7.8% across the board increase in addition to the increased benefits. Ile added this only equalizes the buying ' power of the employees. Mr. Corr agreed with Air. Fields. Mr. Cooper stated that salary and benefits are all part of labor costs and should be considered together. Ile urged } approval of the Finance Committee's recommendations. -� Mr. Fischer commented with a straight percentage Increase the higher paid employees have almost a 3 to I gain over the lower 1 ranges and it does not seem equitable as food and other commo- dities cost the same whether you are on the top or bottom of the ! payscale. Ile did believe the 3 1/2a was too low. Mr. Elson asked for division of the question since the debate concerns Recommendation 1, Item 2, salary increase. Ile believed this one issue should be resolved separately from other benefits. The chair ruled debate will be limited to Recommendation 1, Item 2. t A discussion ensued as to whether the increase should be consi- dered a salary increase or a cost of living increase. Mrs. . 1 Douglas believed a salary increase is given to a person because I of his efficiency, capabilities and performance, while a cost ` of living increase is brought on by inflation and the employee has no control over it. Mr. Elson agreed, remarking, further ! because of the reclassification study just completed, tho assembly has to assume the employees are receiving a proper wage for the job. Mrs. Oldow and Mr. O'Connell as members of the committee reported when the committee addressed the question of employee benefits it came up with a total package of 7.88 as an overall increase. ! 3.5% was applied to retirement, visual care was added to the F 1 medical/dontal program with a 58 increase in the borough's j share of the premium and 3 1/28 was applied toward salary in- creases. Mr. Mavis called attention to the Dept. of Labor, Bureau of +� Labor Statistics Report for April 1977 which states the Anchorage Consumer price Index increased by 6.78 last year. ASSEMBLYMFMBiiR ASI KA SECONDED BY BRANSON MOVED TO AMEND RECOMMEN- DATION 1, IRM 2 TO 'A 6.78 ACROSS TILL BOARD INCREASE. In reply to questions during the discussion of the amendment, Mr. Barton reported by going back to the original package of benefits and adding a 6.78 salary figure, increases would result in a $184,000 or 11.210 overall increase in the salary package. QUESTION WAS CALLED AND Till" MOTION FAILED BY A VOTE OF 57.34 "Yes" to 65 "No" VOTE AS FOLLOWS: YES: JoAnn Elson, Fields, Mika, Corr, Douglas, Jim Elson NO: Vischor, McCloud, O'Connell, Oldow, Branson, Cooper, Crawford, Davis - 3 - I L KI:NAl.1'l:1%INSULA BOROlk;ll A;;';I'dL'L1" iat;lll,; li 'II:I;I•Itl1;'11;,111'Ia JUNE 7, 1977 ASSENIBLYMEMBER BRANSON SECONDED BY F I5CIIER AND Mc('1,0111) MOVED fU AMGIJD Ria:0*%IMiNI)ATION 1 ITEM 2, Tl) END1CATE A $100,000 1:101141: AND WORK OUT T111: DEJAILS LATER. THIS hUULI► BI: A 5.84% INCREASE. +.r. Barton explained this would make the total salary package $192,649 or 9.921 overall increase. VOTE WAS CALLED AND THE MOTION PASSED 13Y A VOTE OF 94.34 "Yes" to 28 "No". Cooper, Davis and Douglas voting negatively. ASSEr4BLYMEMBElt MIKA SECONDED BY FIELDS MOVED TO STRIKE ITEM 2 ' RECODNENDATION 2, Assembly Chairs $6,000. Mr. Fields commented if the assembly cannot afford to pay the employees what they should have, the assembly can sit on boxes. QUESTION WAS CALLED AND THE MOTION I -AILED BY A VOTE OF SO "Yes" to 72.34 "No". Voting affirmatively were Fields, Fischer, Mika, Cooper, Crawford, Douglas QUESTION WAS CALLED ON THE MOTION TO ADOPT THE: FINANCE C=%IIT- TEE'S RECOIBIENDAT IONS AS AMENDED AND THE MOTION PASSED BY A VOTE OF 113.34 "Yes" to 9 "No"; Mr. Davis voting negatively. QUESTION WAS CALLED ON THE MAIN MOTION TO ENACT ORD. 77-30 WITH THE AMOUNT OF $3,288,662 AND THE MOTION PASSED BY TIIE SAME 113.34 "Yes" to 9 "No" vote, Mr. Davis voting negatively. For the record it is noted Recommendation 3 Item 1, of the Finance Report which establishes a Capital Reserve Fund was added to Ord. 77-31. (c) Ord. 77-31 "An Ordinance Appropriating Funds for riscal Year 1977-78 for Capital Projects" ' The ordinance was read by title only as sufficient copies ' were available for the public. Public hearing was declared open. There was no one who wished to speak and hearing was closed. ASSEMBLYMEMBER FISCHER SECONDED BY McCLOUD MOVED TO ENACT t t ORD. 77-31. ASSEMBLYMEMBER BRANSON SECONDED BY McCLOUD MOVED TO AMEND THE ORDINANCE SO THAT SECTION 2 BECOMES SECTION 3 AND A NEW SECTION 2 IS INSERTED WHICH READS: "The sum of $1,000,000 is hereby appropriated to a 1 ` Capital Reserve line item so that the assembly may, by Resolution, transfer funds from that line itom to any project as it is developed and bids are received." VOTE WAS UNANIMOUS. ASSEMBLYMEMBER ELSON SECONDED BY O'CONNELL MOVED TO MIEND THE ORDINANCE TO MAKE SECTION 3 SECTION 4 AND ADI) A NEW SHETION 3 I TO READ: 1 "Monies may only be appropriated for purposes other than Capital Improvements by ordinance on a non -emer- gency basis." VOTE WAS CALLED AND MOTION PASSED BY A VOTE OF 113.34 "Yes" to 9 "No", Mr. Fields voting negatively. - 4-- i :j: — I - KENAI I'LiNINSULA C00011GH A.`i.'il:.'• Il L)' Rf:GUI.^I: M11:TINIG M1N[Y1*l:S JUNE_ 7,_ 1977 -- - - - -- —PAGE 5 (e) Ord.77-32 "An Ordinance Making, Appropriations Tor _ I'_i*scal Year 1977-78 to All Service Areas within the Kenai peninsula Itorouph" The ordinance was read by title only as sufficient copies were available for the public. public hearing was declared open. Speaking; in favor of increasing the Central Peninsula hospital Service Area budget to include an additional $150,000 funding for the Cook Inlet Council on Alcoholism for the establishment of a detoxification center were: Mr. John O'Connor, President of Cook Inlet Council on Alcoholism Dr. Peter C^nnava, local physician Dr. Elmer Gaede, local physician Mrs. Kathy -Roberts, employee of CICOA Mrs. Joyce Nelson, member, Board of Directors of CICOA Mr. Tom Robertson, member of the Board of Directors of CICOA After public hearing was closed, the ordinance was before the assembly body. ASSEMBLYMEMBER OLDOW SECONDED BY O'CONNELL MOVED FOR ENACTMENT OF ORD. 77-32. ASSEMBLYMEMBER OLDOW SECONDED BY O'CONNF.LL MOVED TO AMEND ORD. 77-32 TO INCLUDE AN ADDITIONAL $250,000 IN SECTION 1, MAKING THE TOTAL AMOUNT FOR THE DETOXIFICATION CENTER $350,600. Attention was called to certain necessary amendments to the ;ordinance. The Mayor explained the certified assessment roll was not complete when the ordinance was introduced and the assessed valuation in Section 3, South peninsula Hospital Service Area should read $364,100. Section 1 of Ord. 77-32 Central Peninsula Hospital Service Area, should read $504,600. This amount results in a .2 mill rate. If a $250,000 addition is made to.that figure the ordinance would then read $754,600, with a mill rate of .45. Mr. O'Connell and Mr. Mika called for a division of the question. There was no objection. Mr. Cooper requested the 2 changes be made before proceeding to add other dollar amounts. ASSEMBLYMEMBER OLDOW SECONDED BY O'CONNELL MOVED TO AMUND SECTION 1 TO SHOW THE AMOUNT' OF $504,600 AS THE CORRECTED FIGURE PROVIDED BY THE MAYOR. ASSEMBLYMEMBER OLDOW SECONDED BY O'CONNEL1, MOVED TO JWUND THE AMOUNT OF $504,600 IN SECTION 1 TO $754,600 WHICH WOULD INCLUDE THE $250,000 ADDITION FOR THE- DETOXIFICAT10N CENTLR. Mrs. Branson commented that Mr. O'Connor failed to include income projections in his report. The amount is estimated at $206,900. Mrs. Doulas stated the projected income then brings that figure of 250,000 down to less than $50,000. The Mayor reported this would depend on where the anticipated income goes. If it were to conte into this budget that would be one thing, but he understood that this was not the case. Mr. Elson believed there would he problems if the assembly funds this detoxification center as the C11IISA taxpayers would be funding a facility to serve the entire borough and perhaps referrals from outside the borough. The Council is 5 - •l!1 - X_ M -T- I KENAT 1IFNINSOLA 11,016AIG11 ASSI:�::51.y :'LIMLAR }li.l: f IXG %11.'J1H:S JUNE __1077 :'AGF (I asking for in expenditurt, of taxpayer's money on a single line item explanation on Pape'69 of the budget document which iI lists, "Operating expenses...S100,00011 and now there is a request to increase this amount to purchase it facility and land. lie asked what assurance the assembly has that this will be a borough facility and that its purchases will be made within the procedures required for handling public monies. The Council has indicated it will be receiving revenues. It appears the assembly will he entering into an agreement to purchase a facility which will be under the borough insurance program and therefore the borough will be participating in the operation of the program and will bear the responsibility of fund expenditures. Revenues must come into the borough for accountability and the entire program needs a budget document for backup The council has eviden- tally presented its budget to the �ospital board, which has approved the $100,000 amount. For the assembly to proceed with further funding of this program without adequate budgetary documentation shows a lack of responsibility. Mr. O'Connell agreed in part, but referred to the referendum passed by the voters authorizing the detoxification power. lie believed if the assembly did approve an additional sum tonight, the financial procedures could be developed to take care of revenues and expenditures. Mrs. Douglas believed funding for this service area should be handled the same as for any other service area. Mr. Davis called for theuestion and recommended the assombly defeat any additional funding until more Information is avail- able. Mr. Cooper suggested funding in accordance with the recommendations of the advisory hospital board. The $100,000 in the budget, plus the projected revenues should be sufficient. Mr. Fischer believed because of the referendum vote for a detoxification center he could not vote for the insufficient funding as shown in the budget. This requested amount of $350,000 is for one year only. The Council believes they can get future funding through grants, patient payment and other means. Following considerable further discussion, QUESTION WAS CALLED ON THE MOTION TO AMEND SECTION 1 TO $504,600. THE AMENDMENT PASSED BY A VOTE OF 102.67 "Yes" to 19.67 "No". Assemblymembors JoAnn Elson and Fields voting negatively. Pros. Elsonlasked if there was objection to Socti-in 2 of the ordinance; there was none and she proceeded to Section 3. ASSUIBLYMEMBER DAVIS SECONDED BY OLDOW MOVED TO AMEND SECTION 3, SOUIT11 PENINSULA HOSPITAL SERVICE AREA TO READ $364,000. QUESTION WAS CALLED AND THE %IOTION PASSED BY A VOTE OF 113.34 "Yes" to 9 "No"; Mr. Fields voting negatively. There was no objection to Sections 4 and S of the ordinance QUESTION WAS CALLED ON ENACT-elliNT OF ORD. 77-32 AS AMENDED AND Till'. MOTION PASSED BY A U:-.'ANIMOUS VOTE (122.34). (f) Ord. 77-33 "An Ordinance Calling a Special Election to be Held in the Bear Crock Fire service Area on July 12, 1977, and Authorizing the Issuance of Bonds of the Kenai Peninsula Borough in an Amount not to Exceed $130,000 to be Used for the Purpose of Acquir- ing a Site and Constructing and Equipping a Fire 6 - I KENAI ITNINSULA 1s01MUGII ASSI.MISLY REGULAR MCETISG 1,111%11'ITS JUNE 7_1_11)77 PAGE T Station and Related facilities to be Located in the Bear Creek Fire Service Area, with Repayment of Such Indebtedness to be Derived from Property Taxes to be Levied Within the Bear Creek fire Service Area, Subject to the Approval of the Voters Voting, in the Special Election" The Ordinance was read by title only as sufficient copies were available for the public. Public hearing was declared open. Mr. Fid Zimmerman, Chairman of the Bear Creek Advisory Board urged enactment of the ordinance. As no one also wished to speak on this ordinance, public hearing; was closed. ASSEMBLYI+iEMBER MCCLOUD SECONDED BY CORR '?OVEII FOR ENACTMENT OF ORD. 77-33, VOTE WAS UNANTMOUS. (g) Ord. 77-34 "An Ordinance Appropriating Funds for Discal Year 1977-78 for Solid haste Projects from Federal Revenue Sharing Funds" ($148,000) The ordinance was read by title only as sufficient copies were available for the public. Public hearing was declared open. There was no one who wished to be heard and public hearing was closed. ASSEMBLYMFMBER DOUGLAS SECONDED BY FIELDS MOVED FOR ENACTMENT OF ORD. 77-34. VOTE WAS UNANIMOUS FOR ENACTMENT. (h) Ord. 77-35 "An Ordinance Approving the Exercise of Power by the City of Kenai to Protect Its Watershed Outside Its Boundaries" The ordinance was read by title only as sufficient copies were available for the public. Public hearing was declared open. There was no one who wished to speak and hearing was closed. ASSEMBLYMEMBER JIM ELSON SECONDED BY DAVIS MOVED FOR ENACTMENT OF ORD. 77-35. In reply to a question from Mr. Davis, Planning Director Waring reported the ordinance has not been before the Planning Commis- sion, but he believed the City is trying to protect its water- shed in the Beaver Creek Bound water system which is located outside the city. ASSEMBLYMEMBER DAVIS SECONDED BY BRANSON MOVED TO REFER ORD. 77-35 TO TILE BOROUGH PLANNING COMMISSION. Mr. Elson considered this a further delaying tactic. The pro- posal has been before the assembly previously and was sent back to the city without a request for referral to the Commission. The City responded and brought back another ordinance which implies no threat to anyone, it is a request that the city be informed when waterapppropriations are to be made. A civil penalty of $300 would be imposed for failure to give notice. The ordinance further states the assembly reserves its full power to amend, modify or repeal the ordinance at any time. fie continued by reporting when the City developed the watershed it had about 7 wells in the downtown arca but the minimal water produced was .of poor quality. At considerable expense, the City 7 - 3 r i� 3 i' it i i 4 i 3 i KENAI ITNINSULA 1s01MUGII ASSI.MISLY REGULAR MCETISG 1,111%11'ITS JUNE 7_1_11)77 PAGE T Station and Related facilities to be Located in the Bear Creek Fire Service Area, with Repayment of Such Indebtedness to be Derived from Property Taxes to be Levied Within the Bear Creek fire Service Area, Subject to the Approval of the Voters Voting, in the Special Election" The Ordinance was read by title only as sufficient copies were available for the public. Public hearing was declared open. Mr. Fid Zimmerman, Chairman of the Bear Creek Advisory Board urged enactment of the ordinance. As no one also wished to speak on this ordinance, public hearing; was closed. ASSEMBLYI+iEMBER MCCLOUD SECONDED BY CORR '?OVEII FOR ENACTMENT OF ORD. 77-33, VOTE WAS UNANTMOUS. (g) Ord. 77-34 "An Ordinance Appropriating Funds for Discal Year 1977-78 for Solid haste Projects from Federal Revenue Sharing Funds" ($148,000) The ordinance was read by title only as sufficient copies were available for the public. Public hearing was declared open. There was no one who wished to be heard and public hearing was closed. ASSEMBLYMFMBER DOUGLAS SECONDED BY FIELDS MOVED FOR ENACTMENT OF ORD. 77-34. VOTE WAS UNANIMOUS FOR ENACTMENT. (h) Ord. 77-35 "An Ordinance Approving the Exercise of Power by the City of Kenai to Protect Its Watershed Outside Its Boundaries" The ordinance was read by title only as sufficient copies were available for the public. Public hearing was declared open. There was no one who wished to speak and hearing was closed. ASSEMBLYMEMBER JIM ELSON SECONDED BY DAVIS MOVED FOR ENACTMENT OF ORD. 77-35. In reply to a question from Mr. Davis, Planning Director Waring reported the ordinance has not been before the Planning Commis- sion, but he believed the City is trying to protect its water- shed in the Beaver Creek Bound water system which is located outside the city. ASSEMBLYMEMBER DAVIS SECONDED BY BRANSON MOVED TO REFER ORD. 77-35 TO TILE BOROUGH PLANNING COMMISSION. Mr. Elson considered this a further delaying tactic. The pro- posal has been before the assembly previously and was sent back to the city without a request for referral to the Commission. The City responded and brought back another ordinance which implies no threat to anyone, it is a request that the city be informed when waterapppropriations are to be made. A civil penalty of $300 would be imposed for failure to give notice. The ordinance further states the assembly reserves its full power to amend, modify or repeal the ordinance at any time. fie continued by reporting when the City developed the watershed it had about 7 wells in the downtown arca but the minimal water produced was .of poor quality. At considerable expense, the City 7 - 3 f K1:ti,11 ITNIN'AII.A Bklki100 AY,1!M.Y R1.GHLA1: MLLT•I:;+; HIN11TE!; JUNI: 7, 1'177+-__�_____ - __-- -- •-- --•-- __-- -----I',\;;Is R extended its waterline to the 11caver Creek aquifer and good water was developed. Because of City population growth the capacity is again inadequate and Kcnai is in the process of developing a second well within the same aquifer. The choice of site for well No. 2 was based on the data developed by j the engineers that this would be the best location although it was some distance from the City. Developing this well has unex- pectedly produced a direct effect on adjoining; property owners. The City does not know what effect the operation of the well will have on the downstream side of the aquifer, which is the rest of the Beaver Creek area and involves a number of families. Since what happens upstream of this well is vital to the future of the city, this ordinance provides it, under Alaska Statutes, the right to exercise authority outside its limits. The area in question involves no private property, it consists of state and Moose Range lands. tie urged enactment of the ordinance. In reply to questions from the assembly, fir. Elson replied no permits are required by this ordinance and other drilling such as oil and gas should not be Involved. There is some uncertainty over what will happen in the future to the state and federal lands in that area and the City wishes to be notified of any permit the state may require which would involve anything touch- ing the aquifer and in that respect possibly would include drilling for oil and gas. { QUESTION WAS CALLED ON THE MOTION TO REFER THE ORDINANCE TO THE PLANNING COMMISSION AND IT FAILED BY A VOTE OF 56.6 "Yes" to 65.84 "No" AS FOLLOWS: YES: Fields, Fischer, Mika, Oldow, Branson, Crawford, Davis NO: JoAnn Elson, McCloud, O'Connell, Cooper, Corr, Douglas i Jim Elson QUESTION WAS CALLED ON THE MAIN MOTION WHICH FAILED BY A VOTE OF 65.84 "Yes" to 56.5 "No" AS FOLLOWS: YES: JoAnn Elson, McCloud, O'Connell, Cooper, Corr, Douglas, a Jim Elson NO: Fields, Fischer, Mika, Oldow, Branson, Crawford, Davis r *NOTE: Further action on this ordinance was taken following » Agenda Item H. G. INTRODUCTION OF ORDINANCES I ; (a) Ord. 77-36 "An Ordinance Concerning Rezoning .� Within the City of Soldotna" (Hillcrest Sub) ASSEMBLYMEMBER McCLOUD SECONDED BY FIELDS MOVED TO SET ORD. 77-36 FOR HEARING JULY S. UNANIMOUS CONSENT WAS ASKED AND GRANTED. - (b) Ord. 77-37 "An Ordinance Concerning Rezoning within the City of Kenai" (Mommsen Sub) ! Noted for the record is receipt of n letter from Crown Devol- opens, dated May 25, signed by Mr. Kenneth Padgett, requesting + the assembly consider hearing the ordinance on June 21. i ASSE:MBLYMLMBER ELSON SECONDED BY McCLOUD MOVED TO SET THE ORDI- ! I NANCE FOR HEARING JULY S. UNANIMOUS CONSENT WAS ASKED AND GRANTED. c ' i i -8- KI'.NAI ITNII;51ILA PORNIGII ASSL'110,1' RLGI11.A1+ 1•li.LTING 141NOTES; 1Il1NE 7, 1:177 _ _ _.._ PAGE 9 (c•) Ord. 77-38 "An Ordinance Concerning Rezoning; Wifliin lTc City of Seward" (Lots 21.24 OT) ASSFMBLYP11:D1131iIZ ULU(lk' SECONDED BY McCLOUD NoVED TO SET ORDI- NANCE FOR IlEARIkG JULY 5 UNANIMOUS CONSENT WAS ASKED AND GRANTED. (d) Ord. 77-39 "An Ordinance Concerning Rezoning lslthin tlic City of Seward" (Jesse Lee Heights) ASSFMBLYMr:MBFR BRANSON SECONDED BY McCLOUD MOVED TO SET ORDINANCE FOR HEARING JULY S. UNANIMOUS CONSrNr WAS ASKED AND GRANTED. (e) Ord. 77-40 "An Ordinance Concerning Rezoning Within the City of Seward" (Marathon Sub) ASSFMBLYIIENIBER MCCLOUD SECONDED BY OLDOW 0VED TO SET ORDINANCE FOR HEARING JULY S. UNANIMOUS CONSENT WAS ASKED AND GRANTED. H. PUBLIC PRESENTATIONS (frith prior notice) (a) Alaska Pipeline, ?fr. Dick Barnes, Vice President and Res. 77-33, "A Resolution of the Assembly of the Kenai Peninsula Borough, Alaska, Consenting to the Location of Facilities for the furnishing of Gas to be financed by the Alaska Industrial Devel- opment Authority and to be Located Within the Kenai Peninsula Borough" Mr. Barnes reported Alaska Pipeline Company proposes to con- struct a buried pipeline within the borough from a point near the intersection of the principal transmission line and Robinson Loop Road, running approximately 24 miles northwesterly to its termination in the North Kenai area near Bernice lake. The purpose of the pipeline is to transport natural gas in either direction to furnish cunsumers in the North Kenai area from the Kenai gas fields, or transmit gas purchased in the North Kenai area to Sterling, Soldotna and other areas in the event that deliveries are interrupted from the Kenai gasfield or a surplus develops at North Kenai. The design, materials, construction and testing of the 8 inch steel line will be accord- ing to Dept. of'Transportation specifications. Approximately 95% of the line will be constructed within existing utility rights of way. The project will also include additions to the Corporation's principal transmission line and compressor stations to increase throughput capacity of the transmission system that supplies natural gas to Kenai Peninsula communities and north to Anchorage, Fagle.River and Chugiak. Pipeline additions, known as "loops" are expected to be constructed from 12 inch or larger steel pipe connecting at block valves to main lines. Turbine -powered compressors planned for 1,200 h.p. each will be added to existing compressor stations to help maintain adequate line pressure during peak demand. Mr. Barnes referred to AS 44.61.160 which states before enter- ing into a lease or other agreement regarding such a project a certified copy of a resolution from the governing body must be filed with the authority, consenting to the location. The purpose of the resolution is to enable the company's plant facilities to qualify under a section of the Internal Revenue Code which allows for tax exempt financing. The opportunity of realizing this savings was approved by Committee Substitute for 1113 315, signed into law hist 'Thursday. It amended Title - 9 - ii �I i' :I .I KI'.NAI ITNII;51ILA PORNIGII ASSL'110,1' RLGI11.A1+ 1•li.LTING 141NOTES; 1Il1NE 7, 1:177 _ _ _.._ PAGE 9 (c•) Ord. 77-38 "An Ordinance Concerning Rezoning; Wifliin lTc City of Seward" (Lots 21.24 OT) ASSFMBLYP11:D1131iIZ ULU(lk' SECONDED BY McCLOUD NoVED TO SET ORDI- NANCE FOR IlEARIkG JULY 5 UNANIMOUS CONSENT WAS ASKED AND GRANTED. (d) Ord. 77-39 "An Ordinance Concerning Rezoning lslthin tlic City of Seward" (Jesse Lee Heights) ASSFMBLYMr:MBFR BRANSON SECONDED BY McCLOUD MOVED TO SET ORDINANCE FOR HEARING JULY S. UNANIMOUS CONSrNr WAS ASKED AND GRANTED. (e) Ord. 77-40 "An Ordinance Concerning Rezoning Within the City of Seward" (Marathon Sub) ASSFMBLYIIENIBER MCCLOUD SECONDED BY OLDOW 0VED TO SET ORDINANCE FOR HEARING JULY S. UNANIMOUS CONSENT WAS ASKED AND GRANTED. H. PUBLIC PRESENTATIONS (frith prior notice) (a) Alaska Pipeline, ?fr. Dick Barnes, Vice President and Res. 77-33, "A Resolution of the Assembly of the Kenai Peninsula Borough, Alaska, Consenting to the Location of Facilities for the furnishing of Gas to be financed by the Alaska Industrial Devel- opment Authority and to be Located Within the Kenai Peninsula Borough" Mr. Barnes reported Alaska Pipeline Company proposes to con- struct a buried pipeline within the borough from a point near the intersection of the principal transmission line and Robinson Loop Road, running approximately 24 miles northwesterly to its termination in the North Kenai area near Bernice lake. The purpose of the pipeline is to transport natural gas in either direction to furnish cunsumers in the North Kenai area from the Kenai gas fields, or transmit gas purchased in the North Kenai area to Sterling, Soldotna and other areas in the event that deliveries are interrupted from the Kenai gasfield or a surplus develops at North Kenai. The design, materials, construction and testing of the 8 inch steel line will be accord- ing to Dept. of'Transportation specifications. Approximately 95% of the line will be constructed within existing utility rights of way. The project will also include additions to the Corporation's principal transmission line and compressor stations to increase throughput capacity of the transmission system that supplies natural gas to Kenai Peninsula communities and north to Anchorage, Fagle.River and Chugiak. Pipeline additions, known as "loops" are expected to be constructed from 12 inch or larger steel pipe connecting at block valves to main lines. Turbine -powered compressors planned for 1,200 h.p. each will be added to existing compressor stations to help maintain adequate line pressure during peak demand. Mr. Barnes referred to AS 44.61.160 which states before enter- ing into a lease or other agreement regarding such a project a certified copy of a resolution from the governing body must be filed with the authority, consenting to the location. The purpose of the resolution is to enable the company's plant facilities to qualify under a section of the Internal Revenue Code which allows for tax exempt financing. The opportunity of realizing this savings was approved by Committee Substitute for 1113 315, signed into law hist 'Thursday. It amended Title - 9 - r - - - 10 � KINAI P1;,NlN:A1l-A 1',I)ROUGH M1%11TL") .1977 44.61 to include financing of such facilities as the pipeline by sale of revenue bonds by the Alaska In(liontrial Development Authority. 'rh is stit tit to a 1:;4) requires a curv;ent rt'so I Is t ion Prior to adoption of a re­.oliition by the Authority. For this* project to qualify, construction cannot commence prior to both resolution!; being passed. The Alaska Industrial Authority will noet June 16 to consider this matter. if the Company is success- ful, the benefits will be passed on to the rate payers over the life of the bond and the saving would amount to about $210,000 annually. For clarification, Mayor Gilman asked Mr. Barnes the amount of the bonds. Mr. Barnes replied in the Kenai Peninsula Borough the amount anticipated is $7,000,000. The Mayor asked if the resolution is not passed would the company continue to build the line. Mr. Barnes stated the company would build the line as it is necessary to serve customers. The effect of the cover- ing resolution would be to reduce the interest rate to give the same marketability as municial bonds. The $7,000,000 capital Improvement will be taxable within the borough. Mr. O'Connell expressed concern over the Kalifonsky area compressor stations and the one in Sterling because of the noise problem created. lie stated he did not object to the pipeline Itself but requested some assurance that the people along the pipeline route where these turbines are located and who may be affected by this pipeline and other Installations have knowledge of what is happening. Mr. Barnes explained at the Kalifonsky station there will be one additional solar turbin machine added to the 3 turbines now in use. He stated all new turbines have residential zoned silencers, but he was not sure if the company had retrofitted the old turbines. ASSEMBLYMEMBER O'CONNELL SECONDED BY MIKA MOVED TO TABLE RES. 77-33 UNTIL THE NEXT MEETING. QUESTION WAS CALLED AND MOTION FAILED BY A VOTE OF 28.67 "Yes" to 93.67 "No". Members JoAnn Elson, Mika, and O'Connell voting affirmatively. Mr. Cooper then called for point of order as there should have been a motion to adopt the resolution first to get the item on the floor. The Parliamentarian ruled the motion to table was a main motion made by Mr. O'Connell. ASSEMBLYMEMBER COOPER SECONDED BY NlcCLOUD MOVED TO ADOPT RES. 77-33. QUESTION WAS CALLED AND THE RESOLUTION ADOPTED BY A VOTE OF 113.34 "Yes" to 9 "No". Mr. Mika voting negatively. *ASSEMBLYMEMBER DAVIS SECONDED BY CRAWPORD ASKED FOR IMMEDIATE RECONSIDERATION OF ORD. 77-35 (IN ORDER THAT Tllti ORDINANCE CAN BE SENT TO THE PLANNING COMMISSION.) QUESTION WAS CALLED AND T11H MOTION PASSED BY A VOTE OF 74.84 "Yes" to 47.5 "No". • YES: JoAnn Elson, McCloud, O'Connell, Cooper, Corr, Davis, Douglas, Jim Elson NO: Fields, Fischer, Mika, Oldow, Branson, Crawford ASSEMBLYNILM131':11 DAVIS SECONDED BY O'CONNELL MOVED TO REFER ORD. 77-3S TO Till:PLANNING COMMIS'SION. MOTION PASSED BY A van, OF 95.34 "Yes" to 27 "No". Voting negatively were Fields, Fischer, Branson. - 10 � i J T _ EBNA l 1'I:N 1:;S111.A 11,0R000H ASSI:1'41:1,1' RLGULAR 111:1:'1' I NG :4 I NUTFS JUNK 771977 _._ PAGE l l DUE TO THE LAITNLSS OF THE HOUR, ASSEMBLYMAN DAVIS MOVED FOR AD.7OIFRWIFIN' OR RE'CE'SS UNTIL NEXT TUESDAY, (.lune 14) 7:30 P.M. CORR SECONDED. Mr. O'Connell stated he did not object to adjournment, but wished to serve NO'1'10E 01' RL'CONSIDERATION OF RES. 77-33 AT THE NEXT MEETING. Mr. Fields and Mika objected to recessing because of the resolu- tion on the employee's organization. Mr. Aiika further commented on the resolution transferring funds for capital improvements is creating some anxiety. Mrs. Douglas commented there are persons present to be heard under public presentations and she would like to see them have the opportunity to speak. QUESTION WAS CALLED ON THE MOTION TO RECESS OR ADJOURN AND THE MOTION PASSEL) BY THE FOLLOWING 73.84 "Yes" to 41 "No" VOTE, Mrs. Oldow having left the meeting. YES: JoAnn Elson, Fischer, McCloud, O'Connell, Branson, Corr, Davis, Jim Elson NO: Fields. III Cooper, Crawford, Douglas AN EXCUSED ABSENCE WAS REQUESTED BY MRS. DOUGLAS FROM THE JUNE 14 MEETING AS SHE {MOULD BE OUT OF THE STATE. THERE WAS NO OBJECTION.' The meeting recessed about 12:10 a.m., and will reconvene June 14, 1977, 7:30 p.m. RECONVENED MEETING The regular meeting of June 7, 1977 was called to order by Pros. Elson on June 14, 1977 at approximately 7:30 p.m. PRESENT: Assemblymomhers JoAnn Elson, Fields, Fischer, McCioud, Mika, O'Connell, Thomas, Branson, Cooper, Corr, Crawford, Jim Bison; Atty. Sarisky, Adm. Assist. Gallagher, Planning Director Waring, Assessor Thomas, Public Works Director Hakert, Finance Director Barton ABSENT: Assemblymember Davis and Oldow ABSENT i► EXCUSED: Assemblymember Douglas and McAllister I. COMMITTEE REPORTS (a) School. Board (O'Connell, Fischer, Corr) No report was Riven.. (b) Cook Inlet Air Resources (Branson, Davis) Mrs. Branson reported the Commission has hired Dr. Reid, the former director, as the new part-time director on a contract basis. (c) OL•bl' Committee (Fischer) Meeting postponed (d) Sales Tax (Douglas,,.r-ooper, Thomas) No meeting. (e) Finance Committee (Jim Iilson, Mika, O'Connell, Oldow, Craw1'or.l) 7- - I i I '! I U. u .t I v I I - a KFNAI III-Ni.'1`-11I.A JM1,01;G11 :11AAAM; MI'MIES JUNE 14, 1977 Mr. Elson reported actions of the Finance Ctwimittee and the minutes have already heen before the asi;emhly. The next meeting is scheduled for June 2 1 , 4:30 p m. (f) Parks & Recreation (Corr) Mr. Corr believed a representative from the Council would be present tonight for a requested study for parks and recreation power. (g) Roads 4 Trails/Solid Waste (Fields, Crawford, McCloud, Douglas, Corr, Branson) Mr. Fields stated there has been no meeting and because of the press of business he requested to be relieved from duty on the committee. There is a great deal this committee should be doing and he hoped the committee would proceed promptly, espec- ially with the problems in solid waste. Pres. Elson thanked Mr. Fields for his excellent work on the committee and then asked Mr. Crawford to Chair the committee. Mr. Crawford declined as fishing season is here and he will be very busy. Pres. Elson stated the item would be hold in abey- an.-c until the next regular meeting. J. MAYOR'S REPORT (a) Res. 77-32 "A Resolution Acknowledging Formation of the Kenai Peninsula Borough I-.ml)loyees Association" - Mr. Gallagher reported that in talking with employees the consensus is that if the borough assembly will recognize the association they will stay out of the union. Further on in the meeting he reported his name was included on -the list of employees and as the list has been revised his name should be stricken. Pres. Elson reported the resolution is introduced by the Mayor at the request of the petitioning employees. if this resolution is passed it acknowledges the fact that an employees organiza tion exists. Pres. Elson continued by stating she realized the employees should have an opportunity to express themselves directly to the assembly with respect to wages, benefits, FA working conditions and grievance procedures. It must be re- cognizedby both the assembly and the employees that a pro- • ce ure must be developed to provide guidelines before any meaningful dialogue can take place. This can only bo done by ordinance. It must be recognized the development of such an ordinance cannot take place overnight and that it will require full involvement by both parties. The substance of these comments must be taken to heart by both the assembly and the employees if the total borough is to benefit. Be- lioving that the assembly and the employees recognize this is the only practical route to follow if this is to be a lasting, meaningful relationship, she endorsed passage of Res. 77-32. ASSEMBLYMEMBER FIELDS SECONDED BY McCLOUD MOVED TO ADOPT RES. 77-32. ASSEMBLYMEMBER BRANSON SECONDED BY FISCHER MOVED TO AMEND THE FIRST PARAGRAPH FOLLOWING "NOW THEREFORE BI: IT RESOLVED..." BY DELETING "whose names appear on the petition submitted to the Borough". 12 - I i I '! I U. u .t I v I I - a �' '•'• ,L 111111 II I LI TILL I1111YI � --, KENAI PIsNIN;AI A kOR011G11 ASSLMBLY I:LC0N'V'FNIa) 11•11T.TING MINIIT] :S JUNE 14, PAGE 13 Mrs. Branson stated the reason for the amendment is there are administrators and other personnel who should not be included; there may be others who wish to be included and the resolution 1 should be left more flexible. j Discussion followed concerning the merits of the amendment. ASSEMBLYML'MBER JIM ELSON SECONDED BY O'CONNL•LL MOVED TO AMEND THE FIRST PARAGRAPH FOLLOWING THE "NOW THLREFORE" CLAUSE BY DELETING "the employees" IN THE FOURTH LINK AND ADDING "its membership" SO THAT TIIE SECTION WOULD READ: "That the Kenai Borough Employees' Association is ack- nowledged and recognized as a munici-al employees' association and that formally designated representatives of the association may act as spokesmen for its membership In any matters which the Mayor and the Assembly may make known or discuss with respect to salaries, wages, hours and any other terms and conditions of employment with the Kenai Peninsula Borough" QUESTI6N WAS CALLED ON THE- AMENDMENT.P;TIJE AMENDMENT WHICH PASSED BY A VOTE: OF 73.83 "Yes" to.33.67,"No" AS FOLLOWS: YES: Fischer, McCloud, Mika, O'Connell, Thomas, Branson, Corr, Jim Elson NO: JoAnn Elson, Fields, Cooper, Crawford QUESTION WAS CALLED ON MRS. BRANSON'S AMENDMENT WHICH FAILED BY A VOTE. OF 46.67 "Yes" to 60.83 "No" AS FOLLOWS: YES: Mika, O'Connell, Branson, Corr, Jim Elson NO: JoAnn Elson, Fields, Fischer, McCloud, Thomas, Cooper, Crawford Mr. Elson reported with the second amendment passing and the first one failing, the wording is now contradictory. FOLLOWING A SHORT RECESS, ASS01BLYMEMBER CRAWFORD SECONDED BY BRANSON MOVED TO AMEND THE FIRST PARAGRAPH FOLLOWING THE "NOW THEREFORE" CLAUSE TO READ: "That the Kenai Borough Employees' Association is acknow- ledged and recognized as a municipal employees' association." 1 QUESTION WAS CALLED AND THE MOTION WAS UNANIMOUSLY APPROVED. QUI:STION WAS CALLED ON ADOPTJON OF THE RIiSOLUTION AS AMENDED AND ` THE- VOTE WAS UNANIMOUS (107.5). Pres. Elson appointed Mrs. Douglas, Mr. Cooper and Mr. Thomas to work with her on a committee to represent the assembly to meet with the representatives of the em1iloyyces' for the purpose of developing an ordinance to accomplish the intent of Res. I 77-32. Also, she wished to give full authority to the committee to engage in legal council shottld the borough attorney feel that the expertise is needed or required. ASSEMBLYMEMBRR COOPER SECONDED BY McCLOUD MOVED THAT THE COM- MI'I" I; III:GRANTIiD Till: AU"I'IIURITY TO {FORK 11'1'1'11 '1'IiL' ATTORNIiY AND ENGAGE ANY LEGAL COUNCII, THAT MAY III-' NEEDED. 1 i a 3 s• s< I- F f V �� AIiN�II I'I.�1\tiU1.,1 L'l)R�illl�ll ,1',:;1:1151.1' RClal'.11.t:lal :II:I.'11;.�; ;Il:�ll•I'li.'i JIJ\I: 1.1, 19'1'1 __��� � , . _-__ _ • _- I'.1GIi .I4 _ Mr. O'Connell believed that the motion indicates the assembly i is anticipating a little too much too fast. Ile (;onld see no need for legal advice at this point. Nr. Fischer agreed. Mr. Cooper commented that labor law is a complicated field of its own and it may be necessary to have qualified legal he l.) In that particular area to draw up a complex procedural ordi- nance. Ile did not know if Mr. Sariskv was versed i.n labor law i or not, but the motion does offer the opportunity to seek outside help if needed. QUESTION WAS CALLED AND TIlli MOTION PASSED BY A VOTE OF 80.5 : "Yes" to 27 "No". Fischer, Mika and O'Connell voting negatively. Mrs. Branson recommended the assembly committee consider rejoin - Ing the Alaska Public Employment Relations Act and rescinding Res. 72-17. K. SCHOOL CONSTRUCTION REPORT (a) Memo 77-61, Bid Opening, English Bay, Port Graham, Sterling, Tustumena and Anchor Point; with i Res. 77-30 "A Resolution Authorizing Transfer of Funds from the Teacherage at Tyonek to Capital Projects at Sterling, Tustumena, Anchor Point, Port Graham Teacherage and the English Bay Basement Renovations" ASSF.MBLYMEMBER JIM ELSON SECONDED BY CRAWFORD MOVED TO ADOPT RES. 77-30. Mr. Hakert reported Memo 77-61 refers to the bid opening and bid tabulations are attached. Ile reported the projects have grown slightly since the budget was prepared. The project estimate was based on scope of work without the plans and substantially less funds were requested than will be required to complete the projects. The reason funds have been requested, from the Tyonek teacherage, he said, is because of the suggestion by the assembly to build a permanent typo apartment type complex which has been pursued by the Native Assoc. at the Village and they are con- sidering building the complex for lease to the borough. This would be subleased to the teachers. If the Association secures financing it is believed this would be the most desirable way to go. He recommended approval of the bids and award of the contracts to Cordova Construction and passage of Res. 77-30. ASSF.MBLYMENBER O'CONNELL SECONDED BY McCLOUD MOVED TO AWARD THE FOLLOWING PROJECTS TO BIDDER CORDOVA CONSTRUC'T'ION, SOLDOTNA, ALASKA IN THE FOLLOWING AMOUNTS: Anchor Point Elementary $39,500 Tustumena Elementary 37,000 Sterling Elementary 7,453 Port Graham Teacherage 39,585 English Bay Basement 141,753 QUESTION WAS CALLED ON ADOPTION OF RES. 77-30. VOTE WAS NANIMOUS (107.5). Attention was called to Memo 77-62 "Anchor Point Water System. Bid opening was May 24 and State Mechanical submitted the only bid of $27,949. The Public Works Dept. recommends awarding the bid subject to negotiation to reduce costs. - 14 - .�_;,�a.-war ._•._ .. _ - -,. - - .- - 'r KFNA1 PI.NISSUI.A ItUitOIIGlt ASSi.'Itt1,Y RIXONVIINIU '•Ila.'I"I?a1 I•IINUITS JUNE I4 1977 _ _ � _� PAM: 15 ASSEMBLY-MENIkER h1,SON SECONDED BY hIc(:LOIID "NIOVED To AWARD `I'IIL' BID TO SPATE Ail--CliANI' :A1, COMPANY TOR Till: ANCHOR POINT WATER SYST)iM, TIDE AWARD SUBJI.CT TO NEGOTIATION TO REDUCE COSTS. VOTE WAS UNANIMOUS. L. OTHER BUSINESS (a) Res. 77-27 "A Resolution Setting the Rate of Levy for Real. and Personal Property faxes for the Kenai Peninsula Borough and for Service Areas Within the Borough for the Tax Year 1977" ASST:MBLYMMMBIiR COOPER SE -CONDI -J) BY O'CONNELL MOVED FOR ADOPTION OF RES. 77-27. ASSEMBLYMEMBER ELSON SECONDED I:Y McCLOUD ;TOYED TO AMEND SECTION 5, NORTH PE;:INSIII,A RECREATION SERVICE AREA TO SET THE RATI; AT .65 MILLS UPON THE AbVICI. ON MR. BARYON WIi0 REPORTED ANOTHER $16,000 /IAS FOUND IN REVENUES AND FEES WHICH PERMITTED THE BOARD TO REDUCL THE RATE FROM .7 TO .65. UESTION WAS CALLED AND THE AMI-,ND1}ENT PASSED BY A UNANIMOUS OTE. QUESTION WAS CALLED ON THE MAIN MOTION TO ADOPT RES. 77-27 AS AMENDED AND VOTE WAS UNANIMOUS. (b) Res. 77-28 "A Resolution Calling a Special Election to Place Before the Voters of the Bear Crack Fire Service Area the Proposition of Whether Ordinance 77-33 Should be Approved" ASSEMBLYMEMBER McCLOUD SECONDED BY BRANSON MOVED FOR ADOPTION OF THE RESOLUTION. VOTE WAS UNANIMOUS. (c) Waiver of Time for Filing Senior Citizen and Disability Exemption Applications for: 1. John T. Hough 2. Loretta Garoutte 3. Estella B. Eagle A5SHMBLYMEMBT:R COOPER SECONDED BY CORR MOVED TO APPROVE THE WAIVER OF TIME FOR FILING FOR THE THREE PARTIES NOTED ABOVE. Mr. Elson questioned the time extension requested by Mr. Hough, who reports he was out of the state until December 1476 and then returned to work failing to make timely filing of his Senior Citizen exemption. It appears that Mr. slough had amplo time to make filing before January 15 and there appears to be no legitimate basis to grant the request. Mr. O'Connell asked for Division of the Question. 1. Waiver of Time for Filing: John T. hough QUESTION WAS CALLED AND THE WAIVER GRANTED BY A VOTE OF 77.17 "Yes" to 30.33 "No". O'Connell, Thomas,and Jim Elson voting negatively. .2. Waiver of Time for Filing: Loretta Garoutte QUESTION WAS CALLED AND THE WAIVER OF TIME GRANTED BY A UNANIMOUS VON.. 3. Waiver of Time for filing: Estella L. Eagle QUESTION 1;AS CALL13) AND TILE WAIVER 01' TIIIti GRANTED BY A UNANIMOUS VOTE. 111, 1JIfiVJ. ue 111111.0 OR I M I KI In j KENA t PENINSULA NSULA !tt)l.OUGH A:i',l.`!lS1.'� R1:(:0!.* .,,i.[1 1{I:I.I' l ltil: 1!! lill'f liti .111NE 11 1!177 16 i (d) Res. 77-31 "A Resolution Authorizing the l:►utding -*of _ani,L1_X ., Construction Contracts for Local Service Roads" s The resolution requests the transfer of funds totaling; $50,722 from the item "Contingency for Non -City Projects" to Items 89013, Skyline Drive, $20,121.55 and 89026, Rabbit Run Exten- sion Phase 1I, 530,600.45. ASSFMBLYMEMBER CORK SECONDED BY McCLOUD MOVED FOR ADOPTION OF RES. 77-31. -• Mr. Cooper asked Mr. llakert if these: roads meet the general i criteria which has been established regarding the number of students and population of the area. Mr. Hakert, explained when these roads were approved by the assembly and originally funded there was no criteria to follow. These two are the only projects where everytheng is ready to go. It is hoped others can be bid this summer. lie recommended refunding these projects now with the funds necessary and awarding the bids. Mr. Fields reported the extension consists of about 1/2 mile before it deadends. It is a considerable distance to anyone's home from there. The individuals in the area are considering building a road all the way through from Brown's Lake to tie into Funny River Road. fie recommended the project not be ex -- " tended until the tie-in road is built. Mr. llakert drew out the location on the map and explained the proposed road extension. Assomblymembers questioned the number of families living on the existing 1/2 mile of road and how many live in the area of the proposed extension. Mr. Hakert did not have the figures. Mr. Fields reported there was no one living there this winter and further objected to the road extension on the basis of residents in the area who have equip-ment but have made no attempt to build a road, have used a seis- mograph trail for access and are waiting for the government ! _ to build it for them. There are subdivisions in the area which this road, built with taxpayers dollars, will enhance. { Mr. O'Connell asked how many subdivisions are past the end of �, the road. Assessor Thomas believed there were three 160 acre • tracts which include the Don Jack Sub, Ferguson and .eann Subs which have been divided into 10 acre tracts. Mr. Cooper reported sometime ago guidelines were developed for the roads and trails program in order to establish priorities. +- Items included the cost per mile, the number of school children along the route, and total population. The borough administration should have this information upon which to base these priorities. i Mr. llakert reported this project probably met the established -- criteria at tho timeof original approval, but now the figures would have to be revised because of population and inflationary changes. i ASSEMBLYMEMBER O'CONNELL SECONDED BY FIELDS MOVED TO DELETE RABBIT RUN ROAD. Mr. Fields reported checking on a number of the roads and had hoped the Public Works Dept. would be making onsite inspections of proposed road locations. The roads and trails projects t are not proceeding in a constructive manner. - 1 - 16.. M I =i 1 . I Y 1 Y M I KI In ` � ��-�-�-� r --rte -� - �- .r- -r•----�-�- - �- F - KiNAI I'li�lS.`;U1..1 Isuk�)l1Gll ASt.I:"IBLY RECONVI:I'lI,f► Mm'.1,Ii:G mI1.a1,l,l;S JUNK 14, 1977 PAGE 17 i Mr. Fischer aski•d how long this project has been on the list. ;. Mr, }'ields reported it was No. 15 on the priority list and because it is a short project and only one petition was received, the borough proceeded with this one. 1 In reply to questions concerning bonding, Mr. liakert reported bonding wits not required on this road project and it was not �• required in the bid package. QUESTION 1VA5 CALLED AND THE AJ1I:014ENT FAl1.Ell BY A VO'1'1: OF 39.33 "Yes" to 68.17 "No". Fields, O'Connell, Thomas, Jim Elson voting affirmatively. Mr. Elson asked the amount available in the non -city contingency fund. Mr. Barton explained the balance at the end of this year is $282,546 for non -city projects. The borough has not appro- priated any additional funds for this coming year because other funds are on hand. Once funds are appropriated to a project they do not lapse at the end of the year. Mr. Fields asked if the borough was purchasing gravel for these projects. Mr. ilakert replied it is purchasing for one of them. lie explained the position the state has taken in the past is that royalties would not be paid for gravel. He added because of the nature of many of the (toads and Trails projects the borough has gone to the state for permission to buy gravel where hauling distances offset costs. This does • open a door as the state will be in a position now to authorize purchase on a project basis where gravel is not closo by. If there is any available source adjacent to or near a project, the borough will not be able to purchase gravel. QUESTION WAS CALLED ON ADOPTION OF THE RESOLUTION AND IT PASSED BY A VOTE OF 78.84 "Yes" to 28.66 "No". Fields, O'Connell and Thomas voting negatively. (e) Tax Adjustment Requests ' ASSEMBLYMEMBER COOPER SECONDED BY FIELDS MOVED TO APPROVE THE Ij TAX ADJUSTMENT REQUESTS AS PRESENTED BY T11F ASSESSING DEPART- MENT FOR THE FOLLOWING: 1975 Total deletes $ 14,115 1976 Total deletes $186,545 1976 Total Additions $185,765 VOTE WAS UNANIMOUS. (f) Res. 77-29,"A Resolution Authorizing the Mayor ` to Contract for the Services of Alaska Public Utilities Commission Permittees for the Hauling of Solid Wastes _.._. from Temporary Disposal Facilities to Permanent Disposal Facilities Under the Terms and Conditions of Duly authorized Tariffs Approved by the Alaska - Public Utilities Commission" ASSEMBLYNIEMBL'R McCLOUD SECONDED BY FJI:LDS �IOVED FOR ADOPTION OF RES. 77.29. THE MOTION PASSED BY Till: FOLL6WIN6 VOTE: 79,5 "Yes", 9 "Temporarily Absent", 10 "Abstaining". Mrs. Branson was temporarily absent and Mr. Cooper abstaning because of personal involvement in the AI'UC permit system. P , (g) Sportsman's lodge, Request for New Beverage Dispensary License. i k - - 17 - hf:XAI I'll\ I NSI ILA 1101,011(: I .1S"L,Ili IN I:LCONk I NLI) :•11.1.1' Ira; M 1 NIVI 1::, The Clerk reported the subject matter is provided as information to the assembly. Sportsman's Lodge wilt be able to get the license under Sec. 04.10.2100 I.Veensing to Encourage Tourist Trade. M. MAYOR AND ASSI:NIBLYNIE".11ILRS: COtNMNTS AND DISCUSSION (a) Mr. Mika requested updated list of Roads £, Trails Projects; believed assembly Should have opportunity to review projects before they are let for bid. (b) Mr. McCloud reported dile 31, Seward ilwy being paved. (c) Mr. Fischer questioned condition of various swimming pools. Mr. Ilakert explained the KCIIS pool has been drained for repaint- ing and the Seldovia pool had developed a leak which should be repaired in the near future. Concerning questions of status of Tustumena Road, Mr. Ilakert believed there are a few items remaining requiring state approval prior to the project going to bid early in July. (d) Mr. Fischer introduced School Board tlombcr Carl Glick present as part of an effort to have various members present at assembly meetings. (e) Mr. O'Connell; Roads and Trails priorities The assembly recently adopted a resolution which concerned priorities; only those roads which were complete in planning would be considered. Mr. Ilakert commented neither the resolu- tion or the administration has established priorities. The administration will attempt to complete the roads that have been approved and funded. Funding was withdrawn and put into contingency because most of the projects have been on the books for a long time and the approved funds were meaningless. Tho projects will take 3 to 4 times as much money as.was funded. As the requirements for each project are completed it will be put out to bid; then administration will come back to the assembly with a resolution for funding of those projects. Currently no priorities have been established. Mr. O'Connell stated when the resolution was adopted concerning preceding with the roads as the criteria is met, lie felt concern that those roads which are easiest to handle as far as the paperwork goes will be the ones to get funded. Some of these may be the least important. (f) Mr. O'Connell zoning outside cities Expressed a desire to see the Planning Commission and assembly address itself to this problem. The borough is being faced with an influx of people and some of the areas outside the cities are being developed into commercial areas in a hodgo- podgo manner. As an example he referred to the pipeline request on Juno 7 when it was obvious the borough has no control over development. Ile requested zoning become an agenda item within the next few months. (g) Mrs. Branson reported asking the Planning Dept. about 2 months ago to come up with a zoning ordinance for Cooper Landing. The people there have requested this. (h) Mr. Fields reported there has not been anything of significance done on the Roads h Trails Program since 1973. There is it priority list from which the Public Works Dept. should be working. - 18 - r hf:XAI I'll\ I NSI ILA 1101,011(: I .1S"L,Ili IN I:LCONk I NLI) :•11.1.1' Ira; M 1 NIVI 1::, The Clerk reported the subject matter is provided as information to the assembly. Sportsman's Lodge wilt be able to get the license under Sec. 04.10.2100 I.Veensing to Encourage Tourist Trade. M. MAYOR AND ASSI:NIBLYNIE".11ILRS: COtNMNTS AND DISCUSSION (a) Mr. Mika requested updated list of Roads £, Trails Projects; believed assembly Should have opportunity to review projects before they are let for bid. (b) Mr. McCloud reported dile 31, Seward ilwy being paved. (c) Mr. Fischer questioned condition of various swimming pools. Mr. Ilakert explained the KCIIS pool has been drained for repaint- ing and the Seldovia pool had developed a leak which should be repaired in the near future. Concerning questions of status of Tustumena Road, Mr. Ilakert believed there are a few items remaining requiring state approval prior to the project going to bid early in July. (d) Mr. Fischer introduced School Board tlombcr Carl Glick present as part of an effort to have various members present at assembly meetings. (e) Mr. O'Connell; Roads and Trails priorities The assembly recently adopted a resolution which concerned priorities; only those roads which were complete in planning would be considered. Mr. Ilakert commented neither the resolu- tion or the administration has established priorities. The administration will attempt to complete the roads that have been approved and funded. Funding was withdrawn and put into contingency because most of the projects have been on the books for a long time and the approved funds were meaningless. Tho projects will take 3 to 4 times as much money as.was funded. As the requirements for each project are completed it will be put out to bid; then administration will come back to the assembly with a resolution for funding of those projects. Currently no priorities have been established. Mr. O'Connell stated when the resolution was adopted concerning preceding with the roads as the criteria is met, lie felt concern that those roads which are easiest to handle as far as the paperwork goes will be the ones to get funded. Some of these may be the least important. (f) Mr. O'Connell zoning outside cities Expressed a desire to see the Planning Commission and assembly address itself to this problem. The borough is being faced with an influx of people and some of the areas outside the cities are being developed into commercial areas in a hodgo- podgo manner. As an example he referred to the pipeline request on Juno 7 when it was obvious the borough has no control over development. Ile requested zoning become an agenda item within the next few months. (g) Mrs. Branson reported asking the Planning Dept. about 2 months ago to come up with a zoning ordinance for Cooper Landing. The people there have requested this. (h) Mr. Fields reported there has not been anything of significance done on the Roads h Trails Program since 1973. There is it priority list from which the Public Works Dept. should be working. - 18 - KENAI PLIN,V::�IILA IS(11 MIC -11 Ati51.',!I11,Y RCCO\!'v1A) MEI:"JAN," ?II MITI'! JUNE 11, 1977_ �_. _._ PAGI: 19 (i) Mr. Fields; introduction of ardir►ances for reconsideration I He stated the reconsideration is not appropriate as there is i nothing to he reconsidered as the inttoduction has failed. When the 60 day time limit is up, an ordinance which has failed intro- duction can come back again. (j) Mr. Corr introduced his father from Oklahoma City. i Believed when agenda items relating, to roads and trails are before the assembly, Ron Rico should be present to answer questions. (k) Mr. Corr reported Gov. Haimnond allowed a bill to become law without his signature allowing boroughs to choose not to tax improvements on homes. Perhaps this borough could get around assessing at 1000* value. N. PUBLIC PRESENTATIONS (a) Stephanie LeFluor, Soldotna Stated she represented a group of concerned people who have been working on the school budget cut. She referred to the Committee Report on School Board activities and noted there was ppublic input which should have been mentioned tonight. In tho future when another budget document is brought to the assembly for reconsideration it would be to the assembly's advantage to hear the report before the school board about the budget cut. Mr. Corr commented that probably the reason no report was given was because the subject was well aired on the radio. 0. INFORMATIONAL MATERIALS AND REPORTS Pres. Elson referred to the minutes of the school board, the various service area boards, the Certification of the 1977 I Tax Assessment Roll and miscellaneous information. F P. NEXT MEETING: June 21, 1977, 7:30 p.m. Borough Building. I Meeting adjourned at 9:55 p.m. Date Approved it, a 21. 1977 � ftp. � • � �-•-� • 7sem>1 Ires�nt ATTEST: - 19 - A PUBLIC LIBRARY IN SERVICE SINCE 1949 BOX 157 KENAI. ALASKA 99611 REPORT FOR THE MONTH OF JUNE, 1977 Circulation Adult Juvenile Easy Books Fiction 1081 864 1035 Non -Fiction 911 157 243 Total book circulation for month 4291 Films, Phonodiscs, Pamphlets, Periodicals 199 Total Circulation for Month Additions Gifts 41 Purchases 156 Total Additions for Month Remedial, and Reworked Books Interlibrary Loans Ordered Received Returned Books 14 20 31 Phonodiscs/AV 29 6 4 Interlibrary Loans by Our Library 1 Volunteers Number 27 Total Hours 411 Income Fines and Sale Books $299.90 Lost or Damaged Books 25.19 Deposits on Cards 495.00 Donations for Books ---- Xerox 11.95 Total Income for Month 4490 197 8 $832.04 I Borrower's Cards Issued June, 1977 Kenai 118 Soldotna 18 North Kenai 17 Clam Gulch 1 Kasilof 2 Ninilchik 1 Total Cards Issued June, 1977 157 A T s - — -. CITY OF KENAI Vd CapiW 4 4" P. O. d0K 580 KENAI. ALASKA 99611 TREPNONE 483 • 7535 July 1, 1977 MEMO TO: John E. Wise, City Manager FROM: Phillip Aber, Director of Public !forks SUBJECT: Purchase of a Used Motorgrader On June 27, 1977, I made contact by phone with four heavy equipment dealers in Anchorage. These companies were the following: ATC t1achinerv, Carrington Company, Craig Taylor Equipment Company, and Yukon Equipment. Craig Taylor Equipment had an 80 horsepower, John Deer motorgrader. This is a small blade used mainly on parking lots and by small contractors. This machine is in no way adequate for our needs. Yukon Equipment had no used blades on hand and didn't have much faith in finding one in the near future. Carrington Company, which is now Iioward Cooper Company, were only aware of qne used blade and this was a 1972 Austin -Western which was in the lower 48. They had no idea of the price or condition of this machine or if it was even still available. On June 29, 1977, Yukon Equipment called again and they still had no used blades nor an idea of where they might find one. In talking to NC Machinery, they still had on hand the 1974, model 12-G, Cat. motorgrader which was previously requested by myself in the ordinance that was introduced at the last City Council meeting. Again I would like to say that I feel from past experience that Caterpillar equipment is far superior equipment and has a number of advantages over other makes of. equipment. First of all, a very important item is their resale value, which is always considerably higher than other makes of equipment. This particular machine has very few hours on it and, if purchased, will be a preferred buy, which means that it will come with a warranty period. This particular machine is articulated, which is a definite advantage for use in maintaining City streets. It has very good visibility and comes equipped with a snow wing and a rear mounted ripper scarifer unit. One final item, and a very important one, is the availability of parts and service for these machines. As you are aware, at present the City owns two pieces of Caterpillar equipment. The availability of parts and the prompt service on these machines has been very good in the past years. NC Machinery also has a field service man which is normally in this area at least two weeks every month. This service is quite beneficial when dealing with major breakdowns or unknown problems. July 1, 1977 CITY OF KENAI "Oil eap" aJ 4"„ P. O. BOX 680 KENAI, ALASKA 99611 MOWN 283 . 7636 TO: John E. t9ise, City Manager • FROM: Phillip Aber, Director of Public Works • WEEKLY REPORT FOR WEEK ENDING JULY 1, 1977 EDA Water Well Project As was explained at our special meeting on June 29, 1977, we have finished the test pumping of Well #2 and the motor and pump has been ordered. Due to a lack of money in our EDA Water Well Project, the test pumping stage of our new well had to be terminated prior to the receiving of complete data on draw down and vield in our new well. After many discussions with the Project Engineer Harold Galliett, Garth Pehrson, and myself, it was felt that the pump and motor should be designed to produce 1,200 GPM for a fairly continuous period. This production, of course, will vary depending on the cycling time of the well pump.,.Tlhen the pump first starts, the well should produce approximately 1,400 gallons per minute. As the head above the pump is reduced, the production should drop to around 1,200 rPM and hold at this rate for a number of hours. As previously mentioned, an exact time cannot be given for production at this rate due to a lack of time and information acquired during the testing stage of this program. The building contractor is erecting the lean-to on one side of the building that will house the new well pump and chlorine room. The electricians are finishing up the wiring for the pump and some minor controls. There are two major items left in this project, one being the construction of the building to house the standby generator and the rehab of Well #1. As I am sure you recall, the building for the standby generator will be rebid and will come back to the Council prior to awarding the contract. The rehab of Well #1, of course, will not take place until the numn has been installed in Viell 42 and we have had adequate time to operate the new well and to eliminate any start-up problems. Once these problems are eliminated we will put the new well on line and at that time begin the overhaul of Well 01. 1 N !L i- 11. I! WEEKLY REPORT July 1, 1977 Sewer Treatment Plant Study Page 2 It appears that we will finally be able to begin our study on the i sewer treatment plant and collection system,sometime in the first week of July. This study should take approximately a month to 1 two months and possibly an additional month late this fall. This SIstudy will provide us with the information needed to, in turn, A apply for Step 2 funding from EPA and the State. This funding will f allow us to take the information from the study and go into the design phase of this program. In discussing work to be done on the sewer treatment plant, the administration is preparing the information required to advertise for bid for the repair of the roof on the sewer treatment plant as well as the replacement of the existing ruined cabinets, counters, and sinks in the plant lab. As you recall during budget session, these items were budgeted. However, during the work sessions it was felt that money for these repairs would come from existing bond monies rather than from the 77-78 operating budget. Note: The water and sewer crew has been very busy this summer w=t the inspection of new water and sewer mains as well as water and sewer service connections. At the same time, they have been repairing lift stations and working on a number of repair and i maintenance problems with the City's water and sewer system. To date, there has been no chance to work on the referencing of gate valves on our main water lines nor manholes on our sewer collection system. The street crew has been spending their time on the blading of City streets, the patching of cracks and holes I'd the airport runway and taxiways, and on the construction of a retaining wall and the replacement of cement pads on the City's dock. As I have previously mentioned, once the hydraulic fittings and connections arrive for our oil distributor truck two men will spend the majority of the summer doing nothing but oiling streets to help control the r severe dust problem. Mayor and City Council City of Kenai Kenai, Alaska Box 369 Kenai, Alaska July 5, 1977 As a local boat owner -operator and commercial fisherman, I have a very great interest in the future of the city dock and area that is about to be leased. My main concern is that at the present time the dock, etc. is to be leased with little thought to the local boat owners and the boat owners of the future. We have needed a public dock, fueling facilities and repair,eacilities In Kenai for many years and yet the only good location in the river has been used for private non -marine use for many years. Now, when there is a chance to make this into a publi- facility it appears that it will again go to private use. I am not opposing Salamantof Seafood in this, but would like to see the lease written so that public use will be assured. A few points that should be included if the lease is given -:to Salamantof Seafoods are the followings 1. A public fu6ling facility should be operated from April 15th to November 1st, or all ice free months. This merm that a man must be there to fool or on call at all times. He should fuel all boats on a first come first serve basis; not company fishermen first as indicated in Salamantof's proposal. 2. Public docking should be available at all times not only for Salamantof9 but other buyers and freighting outfits on a tonnage `. basis. Parishable items can come first, but not exclusively, nor exclusive to one company. 3. One of the greatest needs in this area is boat storage and repair facilities. With approximately fifteen acres available with the dooki I believe this should be a condition of the lease too. I believe a marine wags is feasible for small boats; however, the way of handling the boats should be left to the operator, but the area and facilities should be available at a competitive price. I realize that Salamantof has offered more direct income to the city. I don't think this should be even considered in a lease of a facility such as this. As an example, I believe that Alaska Aeronautical ]hdustries could probably lease the airport for there own use and pay the city considerably well if they had it all to themselves. I don't believe it would help the area grow, however, nor help our transportation rates. I am probably more anti -regulation and anti-government than most people, however, when we have such limited areas available and have an opportunity K C ~. y Mayor and City Council City of Kenai Kenai, Alaska Box 369 Kenai, Alaska July 5, 1977 As a local boat owner -operator and commercial fisherman, I have a very great interest in the future of the city dock and area that is about to be leased. My main concern is that at the present time the dock, etc. is to be leased with little thought to the local boat owners and the boat owners of the future. We have needed a public dock, fueling facilities and repair,eacilities In Kenai for many years and yet the only good location in the river has been used for private non -marine use for many years. Now, when there is a chance to make this into a publi- facility it appears that it will again go to private use. I am not opposing Salamantof Seafood in this, but would like to see the lease written so that public use will be assured. A few points that should be included if the lease is given -:to Salamantof Seafoods are the followings 1. A public fu6ling facility should be operated from April 15th to November 1st, or all ice free months. This merm that a man must be there to fool or on call at all times. He should fuel all boats on a first come first serve basis; not company fishermen first as indicated in Salamantof's proposal. 2. Public docking should be available at all times not only for Salamantof9 but other buyers and freighting outfits on a tonnage `. basis. Parishable items can come first, but not exclusively, nor exclusive to one company. 3. One of the greatest needs in this area is boat storage and repair facilities. With approximately fifteen acres available with the dooki I believe this should be a condition of the lease too. I believe a marine wags is feasible for small boats; however, the way of handling the boats should be left to the operator, but the area and facilities should be available at a competitive price. I realize that Salamantof has offered more direct income to the city. I don't think this should be even considered in a lease of a facility such as this. As an example, I believe that Alaska Aeronautical ]hdustries could probably lease the airport for there own use and pay the city considerably well if they had it all to themselves. I don't believe it would help the area grow, however, nor help our transportation rates. I am probably more anti -regulation and anti-government than most people, however, when we have such limited areas available and have an opportunity f to help the area by the right use, I believe every effort should be made to I promote the best use. Inreviewing SalamantofIa proposal, I feel'in my own mind that it is their intent to have a dock ready built at tax payers expense for their exclusive use. I would further point out that very little city tax has been collected or will be collected from a company whose base of operations Is outside of the city. I have talked to many fishermen in the area (SalamantofIs included) and have found everyone shares rty fears as to the future of the dock. ; plan to attend the July 6th council meeting to make my views further known If possible. This meeting comes on a possible fishing day, however, and it may be impossible for any of us to attend. I hope that if no one is able to attend that the council will not take this as apathy on the part of the local bo2 owners and will postpone action on a fifty-five year lease until some of the above points have been agreed upon by the city and the leasee. Thank you, . ; Jerry D. Thompson JDTs dt 1 = ` 1 - (, a 1 S • �'"' lh. , I IY !! _fslliLl . III I III I I VIII I II -I IM June 29, 1977 = City of Kenai • _ P.O. Box 580 Kenai, AK 99611 Dear Sirs: . I would like to have the following questions answered in writing within five (5) working days. 1. What action has been taken in the past year to install a short board on the Kenai Ambulance? 2. A. Why are first aid classes not offered to the public? B. When will the first class begin? 3. What action has been taken in the past month about enforcing Fire Lanes? A. The Airport Terminal B. Taxiway A C. The Mall 7 9. What action has been taken in the past month about I.V. Therapy? S. What action has been taken in the past month about area wide communications? Thank you, Tom Roberson i P.O. Box 3782 Kenai, AK 99611 cc: Chief Thomas John wise, City Manager Mayor Elson City Council