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HomeMy WebLinkAbout1977-08-03 Council PacketCOUNCIL PACKETS /777 AUGUST I it /777 AUGUST I Kenai City Council Meeting August Packet 3, 1977 ACKERLY GLICK 1Ur,,,, ARndat SWEET WI ELAN w1r.-gol.T COUNCIL MEETING OF .f cL�_`L 1 el Ll I q q y c q AGENDA IMMILA11 311-TTING - KENAI CI 1'Y ( OUNCIL AITGUNT 3, 1977 - H: ao I' Al , KENAI I'MILIC 4ArI:TY 111'11,11IN i PLEDGE Or ALLI"MANCr A. ROLL CAI.I, AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 353-77 - lnerea::inr Revenues/Appropriations - Anti -Recession Revenue Sharing Funds in the timount of $22,002 2. C. PERSONS PRESIiNT SCHEDULED TO Br. HEARD 1. Theodore L. Carson, Jr. representing Yoshi t: Ruth Shlohira 2. 3. D. MINUTES 1. Minutes of the regular meeting of .it1y 20, 1977 2. Minutes of the Special meering of .luly 29, 1977 E. CORRESPONDENCE 1. a. 3. 4. F. OLD BUSINESS 1. Periodic Estimate No. 8 - Brown Construction Company 2. Lease of Airport Bur and Cute 3. Requeet for repurchase of Lot 3, Block 11, Deaver Creek Alabkn Subdivision 4. 0. NEW BUSINESS 1. Hills to be paid - bills to be ratifier] 2. Ordinance 354-77 - Installntlort of a water line in the General Aviation Apron 3. Ordinance 355-77 - Providing for question to appear on ballot of next General Election with regard to Financial/Campaign Disclosures 4. Ordinance 358-77 - Transferring funds for remodeling of Airport Terminal Bldg. 5. Resolution 77•-98 - Transferring of funds within Sewer Treatment Plant Budget G. Resolution 77-90 - Rejecting all bids received for janitorial services for Police Department 7. Resolution 77-100 - Amending the Local ponds G Trails Plan for 1977-78 8. Lease of City owned property - Andy's nyinf; Service 9. Lease of Terminal Space - The Hortz Corporation 10. Lease of City ovuted property - Brian L. & Nancy J. Peck u - 02J. 357 77 rs''J4 15.. L'� ~'� �✓ e H. REPORTS 1. City Manager's Report #22 2. City Attorney's Report 3. Mayor's Report 4. City Clerk's Report S. Finance Director's Report G. Planning a Zoning, Commission's Report 7. Kenai Peninsula Borough Assembly'n Report I. PRMSONS PRr511NT NOT SCHEDULED TO Dx HEARD ADJOURNMENT MEMORANDUM TO: FROM: DATE: SUBJECT: CITY OF KENAI " Oil 6;,z ja l oj 4"„ P. O. COX 580 KENAI, ALASKA 99611 TELEPHONE 283 • 7535 Honorable Mayor & City Council Sue Peter, City Clerk August 2, 1977 ADDITIONS TO AGENDA OF 5-3-77 Please find enclosed: 9--'(1) Minutes frota the Special Meeting of July 29, 1977 (Item D-2) (2) Correction to Page Two of Ordinance No. 354-77 (Item G-2) e-�3) Lease of AirpQrt Lands or Facilities/Andy's Flying Service (Item G-8) Additions to Agenda: -11 Ordinance No. 357-77 - Paving► of Redoubt Way G-12: Resolution No. 77 -IM - Awarding contract for radio maintenance Tesoro Alaskan Petroleum Corporation/Lease of Office Space #10 Thank you for your attention to this matter. f CITY OF KENAI ORDINANCE NO. 353-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THF, An10UNT OF $22,002 FOR TITLE II, ANTI -RECESSION REVENUE SHARING. FUNDS WHEREAS, Resolution No. 76-68 authorized the City Manager to execute the Statement of Assurances required to obtain this funding, and WHEREAS, the City of Kenai has received $41,940 of Title II, Anti -Recession Revenue Sharing, and WHEREAS, Federal requirements mandate that these funds must be spent within six months of receipt, 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 1977-78 General Fund Budget and the Anti -Recession Special Revenue Fund be amended to reflect the following increases in estimated revenues and appropriations: Special Revenue Fund Increase Estimated Revenues: Public Works Employment Act of 1976 Title II, Anti -Recession Revenue Sharing $22,002 Appropriations: ,i Interfund trasnfer to General Fund $22,002 F - - _-�. —_ arca...-... .m_. �.. ..." _. ._... .__ _ __ •�-... __._. _. _ —_ '_ _ !e.`, I I 111 . 1 ORDINANCE NO. 353-77, I'age Two General Fund Estimated Revenues: Interfund Receipts $22,002 Appropriations: Fire Department Salaries & Wages $ 5,880 Overtime 10,839 Accrued Leave 1,284 Employee Benefits 4,199 { t i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd, day of August, 1977. t ATTEST: Sue C. Peter, City Clerk JAMES A. ELSON, MAYOR FIRST READING: July 20,1977 SECOND READING: August 3, 1977 EFFECTIVE DATE: i 0 T11F,O. 1., CAI?.SON, J11. ATTORNEY AT LAW P.O. Box 1890 KE:NAI SPUR & CORRAL STREET SOLUOTNA. ALASKA 99669 607 . 262.5808 July 19, 1977 City of Kenai ��- Jai (+l�szt �N , Kenai Alaska 99611 ATTENTION: Members of the City Council RE: Yoshi & Ruth Shiohira d/b/a Little Ski Mo - City Lease Dear Member of the Council: The City of Kenai and Yoshi Shiohira have a lease with the City for the lot on which the Little Ski Mo is located. This lease was originally for FIFTY FIVE YEARS (55), with approximately FORTY EIGHT YEARS (48) remaining. Mr. and Mrs. Shiohira would hereby apply to the Council for a NINETY NINE YEAR (99) lease on the property. Should you choose to grant the new, extended lease this would aid the Shiohira's in financing at the bank and make their bus- iness more attractive for development and possible future sale. We ask for your favorable consideration at the meeting of the City Council to be held Wednesday, August 3, 1977. Thank you, may I remain TLC:cvc Respectfully yours, Theo. L. Carson, Jr i1� ■ 1 - - - - T�. - - - -- - -moOwl "ii i A C. I: 11 1) A I111:6111.AR MEETING IMNAI CITY COUNCIL .IIILY 20, 1977 - R;11a P.M. KENAI PUBLu: SAFi:7•Y 111111,1►ING PLEDGE OF ALLEGIANCE A. ROLL CALL AGIiNDA APPROVAL Il. PUBLIC BEARINGS 1. Ordinnnae No. 350-77 - Specinl Revenue Punct "Kenai Volunteer Fire Depnrll"ent" 2. Ordinance* No. .151-77 - Capital Project Fund "Kenni Sewerage Project" 3. Ordinance No. 352-77 - Declaring public nuinaners exis;t on certain parcels of real property within the City of Kenai 4. Application f4or new retail license - The Liquor Store 5. C. PERSONS PRESENT SCHMULED TO BE IIFARD 1. Roland Rnymnnd - Regarding chnngea to 7.oning Ordinances 2. Air. Jensen •- Airport Bar and Cafe Proposnl 3. Peninsula 4-11heelers - Use of City owned land for Plny any D. MINUTES 1. Minutes of the regular meeting of July 6, 1977 E. CORRESPONDENCE ` 2. F. OLD BUSINESS 1. Lease of Torminnl Space - Vesta Leigh .2• Discussion - Lease of Terminal Bar & Cafe O. NEW BUSINESS 1. Bills to be paid - bills to be ratified 2. Ordinance 353-77. Increaainf: Faimnted Revenues & Appropriations 3. Resolution 77-05 •• Accepting Deed of Release from FAA 4, Resolution 77-96 - Trannfer of Funds - Parka & Recreation Department 5. Resolution '17-97 - Authorizing award of conti•nct - purehnse of tractor & mower j 8, Periodic F.stimoto lib - Brown Construction Company 1 7, Corrected Payment Estimate N.9 - Interstate Compnny, Inc. 8• Change Order 7 -IN - Interstate Company, Inc. 9• Lease Concept - Serendipity Enterprises 10. Discussion Local Public Workr; Projects (Reservoir, etc.) 11. � 12. 13. 14. 16. � 18. I 17. 18. H. REPORTS 1. City Manger's Report #21 2. City Attorney's Report 3. Mayor's Report 4. City Clerk's Report ' S. Finance Director's Report 6. Planning & Zoning Commission's Report 7. Kenna Peninsula Borough Assembly's Report 1. PERSONS PRESENT NOT SCIIEDUL l:D TO 111: HHARD ADJOURNMENT F KENAI CITY COUNCIL - REGULAR MEETING JULY 20, 1877 - 8: 00 P.M. KENAI PUBLIC SAI'ETY BUILDING I%MYOR JAMES A. ELSON PRHSIUING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Tom Aekerly, Edward Ambarian, Betty Glick, Richard Morgan, Walter Sweet, Dan Whelan and James Elson Absent: None AGENDA APPROVAL The following additions were approved: C-3: Peninsula 4 -Wheelers - regarding 4x4 Play Day F-2: Discussion - Terminal Bar & Cafe Lease 0-10: Discussion - Local Public Works Projects (reservoir, etc.) B. PUBLIC HEARINGS B-1: Ordinance No. 350-77 - Special Revenue Fund "Kenai Volunteer Fire Depart." Mayor Elson read Ordinance 350-77 by title only as copies were distributed for public information prior to the meeting. "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." Mr. Wise advised that the Kenai Volunteer Fire Department had donated $740 to the City for the purchase of a flag pole at the Public Safety Building. Mayor Elson opened the hearing to the public. There was no public comment. MOTION: Councilwoman Glick moved, seconded by Councilman Sweet, for adoption 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. B-2: Ordinance No. 351-77 - Capital Project Fund "Kenai Sewerage Project" Mayor Elson read Ordinance No. 351-77 by title only as copies were available for the public. "An ordinance of the Council of the City of Kenai establishing a capital project fund entitled "Kenai Sewerage Project No. C-020077010." i 1 KI -.NAI CI'T'Y COUNCIL, REMULAK JAIE ,TINT, JULY 20, 1977 Page 2 Mayor Elson opened the hearing to the public. There was no public input. li MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, for adoption of Ordinance No. 351-77, establishing a capital project fund entitled "Kenai Sewerage Project No. C-020077010." Motion passed unanimously by roll call vote. B-3: Ordinance No. 352-77 - Declaring Public Nuisances Exist on - Certain Parcels of Real Property within the City of Kenai 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." Mayor Elson opened the hearing to the public. The Clerk read correspondence received with regard to item #1 - Lot 5, Block 5 (Mission & Overland) Parcel #047-071-0900; item #6 - Lot 3, Block 5 - _ Overland Avenue/Parcel 047-071-0500; and item #8. Lot 21, Block 16 (Upland Avenue) Parcel 047-092-1700, all of which contained responses indicating certain conditions would be met with regard to'certain public nuisances existing on the above mentioned parcels. There was no further public comment. MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, for adoption of Ordinance No. 352-77, declaring that public nuisances exist on certain parcels of real property within the City of Kenai and to include under Section 2 that such public nuisances be abated by July 20, 1977. R Mr. Wise advised that some time would be involved in abating these public nuisances plus Administration would have to come back to Council with proper accounting procedures to obtain necessary funding for the project. Mr. Wise suggested that pe»hr.ps as the ordinance would not be effective until thirty days after passage, the Council would consider setting August 20, 1977 as the abatement date. I MOTION - AMENDMENT Councilman Sweet moved, seconded by Councilman Whelan, to amend the motion to include under Section 2 that such public nuisances be abated by August 20, 1977. QUESTION - AMENDMENT i Motion passed unanimously by roll call vote QUESTION - MAIN, AS AMENDED Motion passed unanimously by roll call vote 4 PA KENAI CITY COUNCIL, REGULAR MEETING, JULY 20, 1977 Page 3 B-4: Application for New Retail Lieenw- - The Liquor Store Mayor Elson advised that the City had received a notice of an application for new retail liquor license for the Liquor Store. DIRS Enterprises, Inc.; ! President Frank AT. Sweeney; Vice President James T. Russell; Secretary Ronald L. A1alston; Rig Building, 1209 Alain Street. Alayor Rlson advised that the Alcoholic Beverage Control Board had requested response from the City as to whether or not this new application met population and zoning; criteria. Council unanimously directed the Clerk to respond to the inquiry from the ABC Board as to whether population and zoning; criteria are met and Council further directed that no protest be submitted with regard to issuance of the license. C. PERSONS PRESENT SCHEDULED TO BE HEARD C-1: Roland Raymond - Regarding Changes to Zoning Ordinances Mr. Raymond, Chairman of the Kenai Planning & Zoning Advisory Commission, came before Council to explain the status of the proposed changes to the Zoning ordinance which the Planning Commission is preparing; for presentation 'to the Borough. Mr. Raymond further advised that as soon as the changes had been made, public hearings would be held and the Council would be advised of the final changes to be presented to the Borough. These changes will include multi -family dwelling construction within rural/suburban areas, etc. C-2: Mr. Jensen - Airport Bar & Cafe Proposal Mr. Jensen stated that he had submitted a bid for lease of the airport cafe and bar and advised that he and his wife had lived in Alaska since 1953; were experienced in the restaurant business -- wife has 40 years experience and Mr. Jensen had 15 years experience. Mr. Jensen further stated that if allowed the lease, he would guarantee a clean facility and good food. III Jensen offered 10% of the total gross plus negotiating terms of remodeling of the facilities presently occupied by the City Hall offices. Councilman Whelan inquired as to what percentage of costs would Mr. Jensen expect the City to bear? Mr. Jensen replied that lie had hoped the city would assume responsibility for all remodeling. Councilman Sweet asked if Mr. Jensen would then replace the coverings on the floor and Mr. Jensey reported that he would expect this would be part of the remodeling costs borne by the City -- Mr. Jensen stated he would be responsible � for the decorating and furnishings. Mayor Elson inquired if Mr. Jensen had been involved in bankruptcy proceedings, had any license revolked by the Health I Department, etc. Mr. Jensen reported that he and his wife had been involved in bankruptcy proceedings in 1962 when they owned and operated a Tastee-Freeze drive-in. One facility they had operated had been successful and they opened another facility which lost access to the public when the highway department j did excessive repair work to the street. Mr. Jensen explained the proceedings In depth and advised that an attorney had urged them to take out bankruptcy as -; a local dairy was going; to demand immediate payment after Mr. Jensen had worked out details to make payment on the installment plan. - I i i I rpp f. `z.+Qa.'=........- . �. -_ � - - .--.�. - .', - -- �+� • � `i.JLJ!!!!!!L!3LIllILL_I_.51!!t I III IIII �t 1 - KRNAl CITY COI)NC;IL, 10-GUI,AR Aff3ETING, JULY `1.0, 1977 Page 4 Mayor Elson stated that as the matter of the lease of IICe Airport bar and cafe appeared later on the agenda, the Council would further discuss 11r. Jensen's ` I proposal at that time, C-3: Peninsula 4 -Wheelers - Use of City owned land for P1ny nay, Mr. Glen Henry, representing the Peninsula 4 -Wheelers advised Council that his group had scheduled a Play Day for the,up-coming weekend and a portion of the events would involve using the beach area in ftnt of the Sewer Treatment facility. Mr. Henry requested Council permission to use this area and advised that arrangements had boon worked out with the Poltz Department to comply with certain rules and regulations set forth. Counegman Whelan inquired as to the opinion of the Police Chief and the City Attorney. City Attorney Williams advised that Chief Ross had set up criteria which the group must meet and in regard to the liability problems, the participants oust sign a release to hold the City harmless. - MOTION: Councilman Sweet moved, seconded by Councilman Atrgan, for approval of use of beach area in front of the Sewer Treatment Plant for the 4 -Wheelers Play Day, Saturday, July 23rd. Motion passed unanimously. ! D. MINUTES _. D-1: Minutes of the regular meeting of July 6, 1977 s The minutes were approved as distributed E. 4 CORRESPONCE E-1: Senator Stevens Mayor Elson acknowledged receipt of a letter from Senator Stevens in which the t Senator advised that he has contacted EPA with regar:D to the violations against the City -- Senator Stevens will advise when further word is received by his office with regard to the matter. E-2: Office of the Governor - Mayor Elson advised he had received word from the i9ffl%e of the Governor that there would be a Coastal Zone Management program workshop in the Kenai-Soldotna area in the near future. E-3: Representative Leo Rhode Mayor Elson stated a letter had been received from Representative Rhode in which he advises that funding; from the Federal government and the Borough are being actively sought for the North Kenai Water P- eject. Collier Carbon KENAI CITY COUNCIL, REGULAR RTEETING, JULY 20, 1977 and Chemical had donated funds to be used for the project too. F. OLD BUSINESS F-1: Lease of Terminal Space - Vesta Leith Page 5 MOTION: Councilman Sweet moved, seconded by Councilman Whelan, for approval of ' lease of Lobby Space No. 31 (225 square feet) in the Kenai Terminal Airport Building, for a term of eleven months with option to renew as specified in Schedule A of the Lease for a cost of $135/month. Motion passed unanimously by roll call vote F-2: Discussion - Lease of Terminal Bar & Cafe Administration presented a breakdown of the Airport Bar & Cafe proposals from Mike Huss, Gillis & Krueger, Paul Vadan and Brian Peck. Mr. Wise also reported that two additional proposals had been submitted after the list was prepared and they were from Mr. Jensen and Bill Schweitzer, Mr. Wise explained the background of the various individuals. City Attorney Williams reminded Council that it had accepted the proposal as submitted by Paul Vadan contingent upon an acceptable agreement could be reached within a reasonable time -- at this time no response in writing had been received from Mr. Vadan since the Council action. Councilman Whelan inquired if Air. Vadan had objected to a particular area of the agreement and was advised by City Attorney Williams that Mr. Vadan had objected to posting of the performance bond as requested by the City -- however, Mr. Vadan was trying to contact Mr. Peck and negotiate with him regarding the furnishings in the existing cafe and bar. Mayor Elson stated he felt that the City and applicants should not have to negotiate with Mr. Peck on the furnishings as it appears that negotiations with Mr. Peck are creating some difficulties with regard to leasing of the facility. Mr. Wise advised that he had reported to the Pecks that they would have to vacate the premises on 15 days notice, however, Administration had not received Instructions from Council to proceed along those lines. Councilman Morgan Inquired as to how the City stood legally with Por. Vadan and was advised by City Attorney Williams that the City had not signed an agreement but should notify Mr. Vadan, giving him a certain amount of time to either comply with the requests of the Council or drop all further negotiations. Councilman Ambarian recommended that the City Manager and the Committee meet with the various applicants finalizing all proposals so that the matter can be presented to the Council at their next meeting. N F - F , KENAI CITY COUNCIL, REGULAR 11iI;RTING, JULY 20, 1977 Page B MOTION: Councilman Sweet moved, seconded by Councilman Ackerly, to authorize Administration to proceed with giving notice to Terminal Enterprises to vacate the bar and cafe within 15 clays of this date. f Mayor Elson stated he felt this would be the proper direction to take so that Administration could give notice to Mr. Peck to vacate so that there would be no further barriers in negotiations with prospective lessees. Councilman Sweet stated he would like to see what the Committee proposed as his motion was made to enable Administration to proceed without further delay. Councilman Sweet, with concurrence from Councilman Ackerly, withdrew his motion. MOTION: Councilman Sweet moved, seconded by Councilman Ackerly, that Council authorize the Ad hoc Committee to set conditions for vacation by Terminal Enterprises of the bar and cafe within 15 days and to review all proposals submitted and select a viable number of one or more of the applicants for presentation to the Council at their next regular meeting. Motion passed unanimously by roll call vote Council instructed the City Attorney to contact -Mr. Vadan notifying him that if he has not responded within a reasonable amount of time and the City, therefore, must assume that he no longer wishes to negotiate further. MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, to notify Mr. Vadan that he has 48 hours in which to respond or the City will resume negotiations with other prospective parties for lease of the airport bar and cafe. Motion passed unanimously G. NEW BUSINESS G-1: Bills to .be paid - bills to be ratified MOTION Councilman Morgan, moved, seconded by Councilman Whelan, for approval of those bills listed for payment and approval of ratification of those items as listed. Motion passed unanimously by roll call vote with Councilman Ackerly not present for voting. KENAI CITY COUNCIL, RE611LAR AlEFTING, JULY 20, 1977 Page 7 G-2: Ordinance No. 353-77 - Increasing I:stitnated Revenue; & Appropriations Mayor Elson read Ordinance 353-77 by title only. "An ordinance of the Council of the City of Kenai increasing estimated revenues and appropriations in the amount of $22,002 for Title 11, Anti -recession revenue sharing funds." MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for introduction of Ordinance No. 353-77, increasing cstimoted revenues and appropriations in the amount of $22,002 for Title 11, Anti -recession revenue sharing funds. Motion passed unanimously by roll call vote G-3: Resolution No. 77-95 - Accepting Deed of Release from FAA Mayor Elson read Resolution 77-95 by title only. "A resolution of the Council of the City of Kenai accepting Deed of Release from the Federal Aviation Administration of two adjacent parcels of land lying in the southeast one-quarter of Section 32, T6N, RI1W, and within Government Lot 1, Section 5 North, R11W , Seward Meridian." MOTION: Councilman Morgan moved. seconded by Councilwoman Glick, for adoption of Resolution No. 77-95, Accepting Deed of Release from FAA and amending such resolution to include General Service Administration in pertinent areas. Motion passed unanimously by roll call vote. G-4: Resolution No. 77-96 - Transfer of Funds - Parks & Recreation Department Mayor Elson read Resolution No. 77-96. "Be it resolved by the Council of the City of Kenai that the following transfers of monies be made within the 1977-78 General Fund Budgbt. From: Parks/Salaries & Wages - ($2,000); Parks/ Operating Supplies - $ (500); and Parks/Repair & Maintenance Supplies - ($700) . To: Parks/Machinery & Equipment - $3,200. The purpose of this resolution is to transfer funds within the Parks Department budget in order to purchase a tractor. MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, for approval of Resolution 77-96, Transfer of Funds within the Parks & Recreation Department Budget in the amount of $3,200 for the purpose of purchasing a tractor. Motion passed unanimously by roll call vote. -4� KENAI CITY COUNCIL, REGULAR All, TING, JULY 20, 1977 Page 8 G-5: Resolution No. 77-97 - Authorizing award of contract purchase of Tractor F, Riower for Recreation Department Mayor Elbon read Resolution 77-97. "A resolution of the Council of the City of Kenai authorizing award of contract for the purchase of a Parks tractor and i mower. Whereas, the City is in need of a tractor with mower accessories to properly maintain ground areas at the City parks, and'Whereas, two proposals have been received, to wit: Cycle City (John Deere) at $3.970 and Dunnmis Electric (Simplicity) at $3,679.63, and both meet specifications proposed, and Whereas, it is deemed that the (John Deere 300) (Simplicity 7016) is the best buy for the City based on prices, service availability, and quality of construction. Now, therefore, be it resolved by the Council of the City of Kenai to purchase from (Cycle City & Ski -Doo Sales) (Dunamis Electric) a (John Deere 300) (Simplicity 7016) f tractor and accessories in the amount of ($3,970) ($3,679.63). 'f MOTION: Councilman Ackerly moved, seconded by Councilman Whelan, for adoption of Resolution 77-97, authorizing award of contract to Dunamis Electric in the amount of $3,679.63 for the purchase of a Simplicity 7016 Tractor. Councilman Sweet inquired as to the warranty guarantee and the statin: of litigation pending against Dunamis Electric. Public Works Director Phillip Aber advised that there was a Simplicity dealer located in Anchorage. City Attorney Williams advised that the purchase of the Simplicity 7016 tractor would be through Dunamis Supply and not Sunamis Rlectrie as Dunamis Electric did have legal action pending against it. Motion passed by roll call vote. Voting yes; Ackerly, Ambarian, Glick, Morgan �f and Whelan. Voting no; Sweet and Rlson. .r ('l-6: Periodic Estimate #8 - Brown Construction Councilman Ambarian inquired as to who was responsible for the landscaping at the new well and was advised that Brown Construction would be responsible. Councilman Morgan also reported that several areas where the water line was installed', the construction areas were left in very poor conditions -- mud holes existed, etc. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, to table Periodic Estimate #8, Brown Construction, until such time Brown Construction had completed the construction areas and restored them to an acceptable state. Motion passed unanimously. 7 1 F L F KRNAI CITY COUNCIL, )U-.G111.A1t A El"TING, JULY 20, 1977 Page; 9 G-7: Corrected Payment Fstimate 49 - Interstate Company MOTION: Councilman Sweet moved, seconded by Councilmmi Aiorgan, for approval of Corrected Payment Estinwte 09 to Interstnte Company, Inc. in the amount of $58,458 for Kenai Water Project FDA 07-01-01684. Motion passed unanimously by roll call vote G-8: Change Order 7 -IN - Interstate Company MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for approval of Change Order 7 -IN, Interstate Company, Inc. in the amount of $7,222 for Kenai Water Project 07-01-01684. Motion passed unanimously by roll call vote. G-9: Lease Concept - Serendipity Enterprises Mr. Wise advised Council that this request for lease of City owned lands Involved the 29 acres just released by the Federal Aviation Administration. Mr. Richard Swain, representing Serendipity Enterprises, explained that it was the intent of his client to build a motel complex consisting of a 40 room motel, restaurant, lounge and shopping arcade. The proposed project is to be located at the intersection of Kenai Spur Highway and (leaver Loop Road and it was the intent of Mr. Swain's client to begin construction just as soon as negotiations could be reached with the City of Kenai for lease of the subject property. i Mr. Wise advised that once the land was platted the City would have it properly appraised to determine the lease rate which the standard procedure is 6% of the appraised value, Mr. Wise stated that Administration needed approval of the concept prior to platting of the tract of land just released by the FAA. MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, for approval of the concept for a motel complex as an acceptable proposed use for the parcel of land in question. Motion passed unanimously by roll call vote Mayor Elson stated that when a new parcel of land became available, it was properly advertised, bids received for lease of the land and the lease rate determined by the bid amounts. Mayor Elson stated that he felt this was a valuable parcel of land and the City must garner the best possible lease rate from it. IL f IA! II 1111 111011M I I. 1 11 f KENA1 CITY COUNCIL, 111:GilI.A1t MUTING, JULY 20, 1977 G-7: Corrected Payment Estimate #9 - Interstate Company Page 9 MOTION: Councilman Sweet moved, seconded by Councilman Morgan, for npproval of Corrected Payment Estimate V9 to Interstrlte Company, Inc. in the amount of $58,458 for Kenai Nater Project EDA 07--01-01684. Motion passed unanimously by roll call vote G-8: Change Order 7 -IN - Interstate Company MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for approval of Change Order 7 -IN, Interstate Company, Inc. in the amount of $7,222 for Kenai Water Project 07-01-01684. Motion passed unanimously by roll call vote. G-9: Lease Concept - Serendipity Enterprises Mr. Wise advised Council that this request for lease of City owned lands involved the 29 acres just released by the Federal Aviation Administration. Mr. Richard Swain, representing Serendipity Enterprises, explained that it was the intent of his client to build a motel complex consisting of a 40 room motel, restaurant, lounge and shopping arcade. The proposed project is to be located at the intersection of Kenai Spur Iiighway and Beaver Loop Road and it was the intent of Mr. Swain's client to begin construction just as soon as negotiations could be reached with the City of Kenai for lease of the subject property. Mr. Wise advised that once the land was platted the City would have it properly appraised to determine the lease rate which the standard procedure is 60 of the appraised value. Mr. Wise stated that Administration needed approval of the concept prior to platting of the tract of land just released by the FAA. MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, for approval of the concept for a motel complex as an acceptable proposed use for the parcel of land in question. Motion passed unanimously by roll call vote Mayor Elson stated that when a new parcel of land became available, it was properly advertised, bids received for lease of the land and the lease rate determined by the bid amounts. Mayor Elson stated that he felt this was a valuable parcel of land and the City must garner the best possible lease rate from it. l . F -L4- � I IIII !I III !I IIIL I I I 1 III 1 1 I I I I I KENAI CITY COUNCIL, REGULAR JULY 20, 1977 Page 10 Councilman Whelan stated that the City must determine a definite policy on lease of City owned lands and this, policy would set the criteria for lease procedures, lease rates, etc. Councilwoman Glick stated that it was her opinion that due consideration should be given Serendipity as it was through their efforts and request that the land was made available --- this group has expended time, energy and considerable funds and it did not appear to Councilwoman Glick that they should be requested to enter into bidding procedures. Councilman Nlhelan stated that the City has had several problems in the past without written rules and procedures as to the management of the City owned lands ane encouraged the City to proceed without further delay in preparing a policy. Council directed that the City Attorney investigate and resolve the question of the FAA requirements with regard to the City having to go to bid on new parcels to determine the lease rate or whether they could establish a lease rate through appraisal. MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, to direct Administration to proceed with platting of that portion of the parcel requested for a motel/shopping.; arcade complex and include protection of Walker Lane. Motion passed unanimously by roll call vote MOTION: Councilman Morgan moved, seconded by Councilman Sweet, that the Council authorize the City Manager to enter into negotiations with Serendipity Enterprises for lease of that portion of the parcel requested subject to confirmation of legal requirements for setting lease rate as set forth by the Federal Aviation Administration. Motion passed unanimously by roll call vote. Councilman Morgan inquired as to the status of the land release of the request for lease by Patrick O'Connell and Tom Aekerly and was advised by Administration that the City was awaiting the survey of the property in question. MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, to direct Administration to prepare a resolution requesting release from the Federal Aviation Administration for that particular parcel of land requested by Mr. O'Connell and Mr. Aekerly. Motion passed unanimously by roll call vote with Councilman Ackerly abstaining. I Milo, 1111111111111011111111 1111111111I 11 11 L! j i(i:NAI CITY COUNCIL, RhGULAR W11 "TING, JULY 20, 1077 pai;e 11 `I G•-10: Discussion - focal Public Works projects (Reservoir, etc.) Mr. Wise advised Council that the City had just received word it would receive Local Public Works Round 1I fundi: and had directed the City to respond within 28 days to priority projects and proposed use of the funds, Mr. Wise recommended the priority projects as follows: 0) Reservoir; (2) up -grading of Lilac, Walker, Lupine, Wilson and Knknu Streets; (3) Assesssmont districts for the FBO's on Willow and on McCollum Street and paving of Redoubt Way, etc. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for approval of the priority projects as recommended by Administration Motion passed unanimously by roll call vote H. REPORTS H-1: City Manager's Report In addition to City Manager Report #21, a copy of which is attached and hereby becomes an official transcript of the proceedings of this meeting, the following Items were discussed: (1) Section 36 lands -- Councilman Morgan inquired the status of the Section 36 lands and was advised by Mr. Wise that he had talked with the Borough Mayor and had not received a reply as to the matter. (2) City Owned Lands Management Policy -- Councilman Morgan and Councilman Whelan requested that Administration prepare a proposed policy plan for use as guideline procedures in the management of City owned lands, (3) Limited useage of water in City -- Councilman Whelan inquired as to the status as the Public Works Director had reported that a restriction may have to be enforced -- Mr. Wise advised that the City was considering restricting washing of cars, watering lawns, etc. , however, the need had not arisen at this time. (4) Councilwoman Glick advised that she had received two calls -- one in regard to Mandos Tacos and inquired as to the legality of them parking and selling out of their van next to the super market, City Attorney Williams advised that Mandos was presently parked on private property and not in a parking lot. Councilwoman Glick also stated that she had received a telephone call in regard to the fact that a commercial business was operating out of a private residence in Old Kenai Townsite and asked for Administration's comments. Mr. Wise reported that he had been notified of such an occurrence and he and the Building Inspector had gone to the site of the allegation and found the business in question had been assembling gates, however, they were moving; the business to another location. Administration would continue to investigate the matter. i _—� •��.:a __._.. :_.�Lll.l!!-�.I-U 1. �lI �IlII III IIILII IIT ItENAI CITY COUNCIL, RF.GULAII MEETING, JUI..Y 20, 1977 Page 12 (5) Councilman Sweet requested that the sidewalks through town be cleaned as they were covered with debris. (6) Library Xerox Machine - Councilman Ackerly stated that he had received calls on the high cost of making copies on the xerox machine in the library and requested that an adjustment be made. MOTION: Councilmen Ackerly moved, seconded by Councilman Morgan, that Council approve adjustment of the cost of xeroxing copies on the Library's Xerox from $.50 to $.25 per copy for library related materials. Motion passed unanimously by roll call vote H-2: City Attorney's Report (a) City Attorney Williams advised that the City was still trying to negotiate with Kenai Native Association on easement across the property. (b) Councilman Sweet stated that the Kenai Baptist Temple was still operating out of their facility and asked if the City could close them down. City Attorney Williams advised that the City would not be able to proceed along those lines until after the hearing which is set for September. H-3: Mayor's Report Mayor Elson advised that he had appointed Jerry Thompson to the Harbor Commission. Council so concurred. H-4: City Clerk's Report Clerk Sue Peter reported on the Financial Disclosure/Campaign Disclosure Workshop she attended in Anchorage on Monday. The City Attorney and City Clork will be preparing an ordinance with regard to the Financial/ Campaign Disclosures at the next regular meeting of Council. H-5: Finance Director's Report None H-6: Planning a Zoning Commission's Report Councilwoman Glick reported on the meeting of July 13th in which two public hearings were held approving rezoning in Valhalla Heights and denying rezoning In Highland S/D. Milton Stasek was appointed to the Airport Commission and the Commission also discussed brokerage of City owned lands. V, KENAI CITY COUNCIL„ REGULAIt M13-111TING, .1UIX 20, 1977 ILiI X! II"'L+I III 'l it 11 IIID.: Page 13 H-7: Kenai Peninsula Borough Assembly's Report Mayor Elson reported on the Assembly mecting of July 19th in which serveral items of interest were acted upon -- one in particular being Ordinance 77-51, authorizing indebtedness by the issuance of General Obligation Bonds in an amount not to exceed $25,970,000 for the purpose of constructing and equipping several schools within the Borough which was set for hearing August 16th. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I-1: Mr. Ross Kinney Mr. Kinney stated that commercial fishermen were leaving dinghies on the dock at the Small Boat Harbor and private users could not use the facility. Mayor Elson stated that the dock was built for use by private pleasure craft and not commercial use. Councilman Ambarian stated that Soldotna contracts a man to control their boat ramp and receive fees for use of the ramp. Council directed that Administration investigate the procedures used at the Soldotna boat ramp. I-2: Councilman Ackerly inquired about the resignation of the Public Works Director and was advised by Mayor Elson that Mr. Aber had contacted him earlier in the day advising of his decision to leave the City and Mr. Aber had agreod to assist the City Manager in compiling requirements for his replacement. There being no further business to be brought before the Council, Mayor Elson adjourned the meeting at 12: 30 p.m. Respectfully submitted, (9 QI Oe C. Peter, City Clerk 1 � I I II I III I II i� i n, n u F' AGENDA SPECIAL MEE7.'ING - KENAI CITY COUNCIL JULY 29 , 1977 - 5: 00 P. hl. KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. OLD BUSINESS 1. Lease of Airport Cafe and Bar PA KENAI CITY COUNCIL - SPECIAL MEETING JULY 29, 1977 - 5:30 P.M. KENAI PUBLIC SAFETY BUILDING Meeting called to order by Vice Mayor Richard Morgan PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Edward Ambarian, Tom Ackerly, Betty Glick, Richard Morgan, Dan Whelan, and James Elson* Absent: Walter Sweet AGENDA APPROVAL The agenda was approved as distributed 13. OLD BUSINESS B-1: Lease of Airport Cafe & Bar Councilman Whelan, representing the ad hoc committee who reviewed all proposals submitted for lease of the Airport Bar and Cafe, reported to Council that the committee met with each individual applicant and reviewed their proposals in depth, verified operating capital, backgrounds, references (personal and business) and asked for proposed estimate of remodeling costs, etc. Councilman Whelan further reported that only three applicants were interviewed as Brian Peck had withdrawn his proposal and Bill Schweitzer had not shown up for the interview. Councilman Whelan reported that after the interviews, the committee determined that the first selection would be the proposal as submitted by Gillis/Krueger and second choice would be Mr. and Mrs. Jensen. Gillis/Krueger proposed to pay a base rent of $1,300/month and 5% of the gross of the cafe and loo gross of the bar. In addition, to the present facilities, Councilman Whelan advised that they would be utilizing the City Manager's office also for expansion of the bar. Councilman Whelan stated that the Committee had directed the City Manager to notify Air. Peck by certified mail that he had 15 days in which to vacate the premises. Mr. Wise advised that the lease had not been submitted to Gillis/Krueger until the meeting and they would, therefore, have to review its contents, etc. and sign the acceptable document. At this time, Administration would present the signed agreement to Council at the regular meeting of August 3rd for final approval. I KENAI CITY COUNCIL, SPECIAL MEETING, JULY 29, 1977 Page 2 Vice Mayor Morgan asked if there were any questions of the Council. * Mayor Elson in at this time and assumed the chair. After considerable discussion of the lease concept, the Council unanimously directed Administration to include into the lease provisions for advertising, parking and refuse pick-up. The advertising is to be provided by the lessee and reserved parking areas and refuse pick-up to be provided by the City. MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, that the Council direct the City Manager to continue negotiations for a lease of the restaurant and bar facility in the Kenai Airport Terminal building with Lynn Gillis and Don Krueger. Motion passed unanimously by roll call vote. Councilman Whelan requested that a representative from Administration be present when Mr. Peck removes his equipment from the restaurant and bar facility. ADJOURNMENT There being no further business to be brought before Council at the special meeting of July 29th, Mayor Elson adjourned the meeting at 6:15 p.m. Respectfully submitted, (2 O 'J ,8'ue C. Peter, City Clerk I - - -- -- ---- 101 At. Of COST COLIJP 116 !;r if 11111011W 1.3111-4411. 1 (fit PARVAL PA1'M1 IIT hal q? 1. COST OF W01.% COMPLLUD TO DATE MPH: wK,10AL COAPACT ONLY Viiiiies nni,s N- lini,-d I,, v. -d: .,lid w0if thr cripinal rpnf,.,,-t vibly. (WA: .,i.d cwa d..i., wi,!t-r -idev; i. I,, h- f.houo in P.,ii 2 rf thi-, fi-rin.) 0-11ina" (0111luvi:11 I.t,-1 SI...%Il if, 'AtjwllA 1. i, 3, 1; and it, P-1 etlilcfy, off Ff-fln I'D -111 fill I-) 0:11ti., 1.lt. C, 111POI, •..It U.0: .wpl, i -I I.. J.ovus.dre vVnii—c. CoNivi (S). ]:,fit# IN- dilfcicfj,v I-viveva ri,trics he coh!Pul, ($) ..ad (7). C -h.. In (9). Sh-h 1-virt ia I colaw 1 (7) 1,, 1 ol...--n 0) C014 I 14AC I CA' PL i r 11 1 o P/71 film tot f,ciai-Tic-ii or 17I Li upic E "I f 1": 140. C Vill 1 1C.1 ((11T U-4.1 1:0, 1.1 Irl 111 W P! 1.1 1:1 1 p ;'rc vc-b .::t:. ,nu. 1! "1 4 5 c. 6 jr!" 4 rn wl 0 xj, 0,) C) 6 1 1'0 (Y' 1.1, 1.0 !0 1 ;w m i (!!:1 1 v. - 1f) (Y I ',,IV r). rl) Ino.—If, ("1 101, v%toj. 4,M".00 •1(,'1' 16 )—nfirtc-cl yj 15, nr),i. (X) 17 Crnvej Ax in.,:; 50 1 0,Y). M 0 jnrt: P."P CIOV�1-1 1h7 yj, r)Y.) v, ry) 1h9 n I ryl 1;7.1 Ph" WP Gulvc.rt enl 10 crk 125.(K) 1,")'.).(Y) 10 ("t 1 'P50. NO 0 lry, 1al lbrxe 11tility Pole 5 vo "ifM M 3, (191. (Y) i P:i (yy). r" 0 'Im, Io:'. "awn 110144�-i Prile 1 P-7 I ryll). (Y 1 r r0 100 2()11 1?,Vvy) 18,on7.of) 1114 i (Yjo. (y) (I 101 At. Of COST COLIJP 116 !;r if .,nio=Ills .ills w/ [ � U� 2,1,117o wv^w ' Ott ,xu/(oANG( 011111 it, '.�1 Its "'�^^~"^` ���1'.1� ". ^ ~"" "`"^" ^ '^^ (j^") W. ~ .~^ `. ° ..,. *, `- — T»`^L$ 3.ANALYSIS v+ADJUSTED mw`wC`^"vv^ n`DATE ^^^"'t—^~"~°~' w".- whi°~I^~'______ ^`/~`.n-l.°.�` .�M^^It~'�~'---------------------' ^~--- .wv"~.'..".~..,~,/°__--' - —- --'---'' ------- �'�^ -~—�-- ^ANALYSIS vrWORK PERFORMED u1/,^..^".~*.°°*,.f'"°"°4411°"iti,^'°"^^''~°^«*^~"^°1''^'"'°~d."~"~~^--'` --~�^------- . (r) Not ,~~^='o -"^^`"^° dale ---------'---------------- v`^u. w°"u/,"ot,^°,/o.*this period °,^=^w..^°,w.�w . . ' (III ,a*°^`wr)and «` mLt-slit x�mi"*"lp,="~ "wLm,^pw1w,,m`vxr___--_-_-_--__ S. CERTIFICATION OfpONmACm th' u ia 1 --timate Isq llmli.tj P. )IIIIIR .111 that .,If lo.. I pelf If n! —PI.In .1 1,, full flb fit, "m �����������%�inch. ��`������������������^'°`�`~"^ ^ � ^|x`'."wa°Ills wtire w°,°�^"I"M=u°""4c^ � ^.[| / .~*"^^.°".=,^`, �.^~,*^°°...�"��.°ui.~^".^~"^~ p" ~=u��p=^��� (it w°'h.'�^~~~°~°°"'".~�^~sP^°^ "' ,''PI .w__- m�_-�u��^�------ \ | | ��nn*�mmp.lij���°ns�,*w���" u �b� .1 my -- ° And that It batt been Nerfoinnd uld 1tv suppliud in full act 1,1J.skice wit I tvq flut k-%tV4 fly �! ^"/ � . ^ ' s���i� ` � .� -- ass - ^ m . �o�^ ' �rewa°wwwm � _^"°^ ` � . ^� iof u�^^u �t���~~~~~.-,—'_---,of tlu- --', (r��,^ � W.".°,°�*"°^� .""""°��,°^"�� .."I ~^"r � � *n°� --------' ---' _--- n^���ffi—)-_-� * ��==�,°� ==°="~~ � * ' ' BROWN CONSTRUCTION COMPANY. INC. GENERAL COMPACTCR Box 1313. KEN/•1• I LASKA 99611 19071 262-5419 joy 6, IP77 City of Nevi'li. P.O. Am 5FO Ker zrvi., Al w,11— or"'i '1) 1 city of 1. evl-i 0,•'-.( il.-; 1-i", It Brcwn Conlitrul,"'ton (+O., I')". )A.: --1:4 —j V,05600 T(,-,� for 11,01 to tliv.' plinvt, ir, 'peml yu� Brown Conri t rite 1. On Co., Tile. cc: file SUBSCRIBED AND SWORN BEFOPM, 14E THIS OF JULY 1977. NOTARY PUBLIC a I I August 3, 1977 TO: Honorable Mayor and City Council FROM: Lynn Gillis and Don Krueger SUBJECT: Lease of Airport Cafe and Bar We have been advised by our attorney not to consummate a lease until the question of a liquor license being reasonably available to resolved. We, however, are in basic agreement with the terms of the lease as proposed and intend to execute the lease as soon as the issue of a liquor license can be resolved. Please note that the liquor license is a key to the economic viability of the lounge operation. Lynn d lis A /0017� Don Krueger ' f i - CITY OI' hI?NAI RESOLUTION NO. 76--35 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SETTING ASIDE LOT 3, BLOCK H, BEAVER CREEK ALASKA SUBDIVISION, TAX PARCEL #041-080-0300 FOR MIMEDIATE PUBLIC USE BY THE CITY OF KENAI. WHEREAS, the Council recognizes a need for afire substation at the east end of the City of Kenai in order to improve fire protection in that area; and WHEREAS, Lot 3, Block H, Beaver Creek Alaska Subdivision, has been fore- closed on by the Kenai Peninsula Borough for nonpayment of real property taxes and is available to the City of Kenai for immediate public use; and WHEREAS, it has been determined by the Kenai Advisory Planning and Zoning Commission and the City Administration that Lot 3, Block H. Beaver Creek Subdivision, is an appropriate place for a fire substation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, as follows: Section 1: The Council of the City of Kenai hereby declares that the City of Kenai has an immediate public use for Lot 3, Block H. Beaver Creek Alaska Subdivision, Tax Parcel #041-080-0300. Such lot shall be used as a reserve upon which a fire substation is to be built at a future data. Section 2: Lot 3, Block H, Beaver Creek Alaska Subdivision, Tax Parcel #041-080-0300, is hereby set aside for immediate public use by the City of Kenai. The Administration is hereby directed to take over appropriate maintenance of the parcel and to include the con- struction of a fire substation at this location in any Capital Improvements programs presented to the Council. PASSED by the Council of the City of Kenai, Alaska, this -4/'°k day of July ,1976. 1• � JAMES A. ELSON, MAYOR ATTEST: Sud C. Peter, City Clerk A I =t • ---"" Leas` Application CITI, CA" KEII A,I � pg 1 of 2 Tr• COX f . 1_2144 t.IASV.A - i 014-k 293.7,35 + Name of Applicant rare i Fills Address Kenai Mail Business Name and Address First Fedtnr Box 3411 Kenai Alaska 99611 Kenai Peninsula Borough Sales Tax No. NA State Business License No. NA Prone 283-4198 (check one)* Lease Permit Lot Description Southwest corner beaver loop & Spur Hiwav Approximately 180,000 square feet j_,e4=at:one_or_mflrn anr,�� * Desired langth of I:ease or Permit 99 ve�+�s with 211 on to hila, Property to be Used for Bank with second story offig btald ng with 4750 feet of rental space. Description of developments (type, construction, size, etc.) Brick 3 glass faced, two storv,9500 S4 FT Both floors Attach development plan to scale 1 inch = 50 feet, showing all build- ings planned. Time Schedule Construction in 1978' Estimate value of construction: Date 7-26-76 $ $700,000 Signed 6;17/A f- 0 I [(i r The following are items over $500.00 which need Council approval or ratification: 8-3.77 VENDOR AMOUNT FOR APPROVAL LHcm Hili = 6,176.67 Dunamis Supply 3,679.63 Kenai Utility Serv. 784.93 Kenai Glass Co., Inc. 520.00 Peat, Marwick, Mitchell 4,000.00 4 Co. Sargent -Sowell, Inc. 602.76 Superior Building 592.78 Timothy J. Wisniewiski 1,658.70 Xerox Corp. 936.61 Alaska Dept. of Rovenue 3,885.00 DbSCRIPTION PROJECT/DEPT. Sewer Treatmt Pit Sewer Treatment Study Model 7016 Tractor Parks Frog. Gas charges - Library July 1977 Council on Aging Police Piro P{f Shop Water 4 Sewer Airport Terminal Insulated glass Airport Terminal windows replace Audit progress paymt. Legislative Light bar, beam beacon, Police red and blue ins Paint,brushes,lumber, Parks garden hose,lumber,paintPolice rollers Water 4 Sewer Airport Terminal Janitorial Services Airport Terminal Copy charges- Legislative July 1977 City Attorney City Manager Finance Library Council on Aging Police Fire Public Works Admin. State withholding General Fund A/C CHARGLD AMOUNT P.O./ Prof. Svcs 6,176.67 Mach. 4 Equip. 3,679.63 Public Utilities 6.28 " 20.96 " 42.30 83.97 125.40 379.68 126.34 Repair 4 Maint. sup. 520.00 10683 Prof.Svcs. 4,000.00 10873 Operating Supplies 26.76 9308 Machinery 4 Equip. 576.00 9309 Operating Supply 384.18 10676,10673 Sp. Repair 4 Maint. S. 20.12 10791,10733 of Is" 60.06 30810,10705 of of is 128.42 10682 Professional Serv. 1,658.70 Prtng 4 Binding 190.63 16.65 152.68 " 267.74 17.0S 43.45 77.50 " 77.50 93.41 Withholding liability 3,885.00 Dh�T[FIED:� Investments TO Commissions Rev. (72.66) Licenses 1,400.00 :( First Federal Savings 4 260,000.00 TCD Purchase 6.2S Central Treasury j Loan withholding Department of Fish 4 1,327.34 Commercial Fish (ventral Treasury Game Licenses Department of Fish 4 1,767.00 Commercial Fish Central Treasury Game Licenses National Bank of Alaska 18,371.50 Federal income Tax General Fund withholding -July 1977 Investments 260,000.00 Commissions Rev. (72.66) Licenses 1,400.00 Commissions Rev. (93.00) Licenses 1,860.00 Federal income tax 18,371.SO withholding CITY OF KENAI 3 ORDINANCE NO. 354-77 i AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT THE INSTALLATION OF A WATER LINE IN THE GENERAL AVIATION APRON OF THE KENAI MUNICIPAL AIRPORT IS NECESSARY AND WILL BENEFIT THE LESSEES AFFECTED AND DIRECTING THAT THE CITY PROCEED WITH CONSTRUCTION OF THE IMPROVEMENT. WHEREAS, Blocks 1, 2, 3 and 4 of the General Aviation Apron are not served by a public water system, and WHEREAS, the fire insurance rates for these areas could be significantly reduced if a water supply were reasonably available. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: Upon direction of the Council, the City Manager has made a survey and report concerning the need for and estimated cost of a water line serving Block 1, 2, 3 and 4 of the General Aviation Apron and has prepared a preliminary assessment roll. Such assessment roll has been on file with the City Clerk at least thirty (30) days prior to the public hearing on the necessity for the improvement. Section 2: Public hearing was held on .1977. Notices of such public hearing were sent and published as required by the Code of the City of Kenai. Section 3: Protests filed with the City Clerk concerning the proposed Improve- ment amount to less than the number required to stop the proposed improvement. Section 4:. The Council hereby finds that the improvement is necessary and will benefit the properties in the proposed district. In addition to the need for domestic water availability, fire hydrants are needed to reduce fire insurance rates in Block 1, 2, 3 and 4, General Aviation Apron. LULL.I IM.0 1 ii ORDINANCE NO. 354-77, Page Two Section 5: The Council hereby directs that the City proceed with the proposed improvement. Costs estimated at $75,900 shall be apportioned as follows: 50% - Funded by Local Public Works monies not to exceed $35, 900 Of the Remainder: 50% - Funded by State of Alaska, Department of Environmental Conservation 50% - Funded by proportioned assessment against benefitted properties Lots 1, 2, 3, Block 1; Lots 1, 2, 3, Block 2; Lot 1, Block 3, and Lots 1, 2, 3, Block 4. Formula for apportionment shall be relative to square footage serviced by water availability. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of August, 1977. ► ATTEST: Sue C. Peter, City Clerk lb • �i i a i i� I r. JAMES A. ELSON, MAYOR FIRST READING: AuMist 3, 1977 SECOND READING: Aueuat 17. 1977 EFFECTIVE DATE: V- -.w„r AM- Al 11114 _.um._- l II I I I. II ill II ORDINANCE NO. 354-77, Page Two Section 5: The Council hereby directs that the City proceed with the proposed improvement. Costs estimated at $75,900 shall be apportioned as follows: 50% - Funded by Local Public Works monies not to exceed $35, 900 Of the Remainder: 50% - Funded by State of Alaska, Department of Environmental Conservation 50% - Funded by proportioned assessment against benefitted properties Lots 1, 2, 3, Block 1; Lots 1, 2, 3, Block 2; Lot 1, Block 3, and Lots 1, 2, 3, Block 4. Formula for apportionment shall be relative to square footage serviced by water availability. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of August, 1977. ► ATTEST: Sue C. Peter, City Clerk lb • �i i a i i� I r. JAMES A. ELSON, MAYOR FIRST READING: AuMist 3, 1977 SECOND READING: Aueuat 17. 1977 EFFECTIVE DATE: V- 1? �P G�ti I� 4-0 Yn -s. o R © v �'• � a� (� b 3tv r c` 23 •• t� 6 uZ, .�� STREET' �\ p SOV c v 00-0 t sMti-c. .4 iZ4 PA F r Al R a�� r 24 t August 9, 1977 to! -.yam t �� '• � �4 �,4 • —, ,.;err � TO: Honorable Mayor and City Council FROM: John E. Wise, City Manager SUBJECT: Waterline - General Aviation Apron - Proposed Assessment District = r- r 1. A petition has been received requesting that a :^ waterline be installed in the General Aviation Apron with specific concern for fire hydrants (Enclosure 1). Petitions relate to Block 1, Lots 1 and 2; Block 2, Lots 2 and 3; Block 3, Lot 1; and Block 4, Lot 2. • The sum of the square footage of the above properties fifty represented exceeds percent (50%) of the benefited property area. 2. The Council authorized funds for engineering the project in the Spring of 1977. Basic design has been done. The estimated cost of the project on an individual basis is $72,600, including preliminary i engineering. 3. The cost is proposed to be shared as follows: LPW Funds $35,900 - - State Department of Environmental Conservation 189500 (approximate) - To be Assessed 18,500 (approximate) ! (See Enclosure 2.) 4. Scope of the project will provide water service to all properties listed and four (4) fire hydrants to .� meet fire suppression criteria. .ow S. Recommend approval of Ordinance No. 354-77, - providing for this project as it is deemed very desireable for the well being of our lessees and the commercial - - climate of the City. JW/eh I Enclosures 1. Petition 2. Assessment Data ' I 3. Ordinance No. 354-77 i S, S r GENERAL AVIATION APRON WATERLINE Lots benefited and subject to assessment: Block 1 Lot 1 98,472 sq. ft. Lot 2 S0,000 sq. ft. Lot 3 65,000 sq. ft. Block 2 Lot 1 S0,000 sq. ft. Lot 2 50,00.0 sq. ft. Lot 3 509000 sq. ft. Block 3 Lot 1 26,718 sq. ft. -Block 4 Lot 1 28,037 sq. ft. Lot 2 30,000 sq. ft. Lot 3 21,000 sq. ft. Total: 419,227 sq. ft. Maximum Assessable Cost Estimate: 4.5 cents per square foot or $18,500 � f Enclosure No. 2 S 1 PETITION 2 3 We, the undersigned, being the majority of the Lessors of that portion 4 of Cook Inlet Industrial Air Park lying Northwest of Willow Drive and North of Main 5 Street Loop Road, hereby request the CITY OF KENAI to provide sufficient water 6 mains and fire plugs, thereby providing adequate fire protection to the facilities on 7 the above lots. The existence of a fire hydrant installed within five hundred feet of e our physical properties would reduce our present fire rating of nine to a five, 9 resulting in a substantial savings in fire insurance premiums. Such measures 10 11 would also substantially reduce the risk of possible loss of property or lives due to 12 fire. At this time the risk of fire is greater in this area than in most areas of the 13 City, because of the nature of the volatile substances which are stored upon our 14 respective premises. 15 We request that the City provide us with the requested facilities on a 16 priority basis, due to the present danger of fire and the dollar savings which would 17 be effected by such an improvement. We stand ready to cooperate with the City in 18 ' providing this much needed protection. 19 20 DATED: At Kenai, Alaska, this day of , 1977. 21 22711tal* J j .l Kc riLCr 23 24 2S�� 26 //f� 27 28 , L IS eENA!, _"Iut-/tl,14pAL A, 4 :i ORDINANCE NO. 354-77, Page Two Section 5: The Council hereby directs that the City proceed with the proposed i improvement. Costs shall be apportioned as follows: 50% - Funded by Local Public Works monies 25% - Funded by State of Alaska, Department of Environmental Conservation 25% - Funded by proportioned assessment against benefitted properties Lots 1, 2, 3, Block 1; Lots 1, 2, 3, Block 2; Lots 1, 2, 3, Block 3, and Lots 1, 2, 3, Block 4. Formula for apportionment shall be relative to square footage t serviced by water availability. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of August, 1977. r - ATTEST: Sue C. Peter, City Clerk i JAMES A. ELSON, MAYOR FIRST READING: August 3, 1977 SECOND READING: EFFECTIVE DATE: IL I It; -24 ry C) oll� -V . 0-- to O O v���'� �� /V � iJ d �t l� i -ph 4r, Ad '7 VC 5T I ev /V a CITY OF KENAI --�-�-- ^---'""�"1-f�==�•� -.1-111 JI JI IIII 1111117111 IIII II ORDINANCE NO. 355-77 AN ORDINANCE PLACING ON THE BALLOT FOR THE NEXT GENERAL ELECTION THE QUESTION AS TO WHETHER THE MUNICIPAL OFFICERS OF THE CITY OF KENAI SHOULD BE EXEMPT FROM THE PROVISIONS OF THE FINANCIAL DISCLOSURE '. STATUTES (AS 39.50) AND FROM THE PROVISIONS OF THE ELECTION CAMPAIGN FUND DISCLOSURE STATUTES (AS 15.13) RFAUIRING REPORTING OF CONTRTRUTInNS AND EXPENDITURES FOR POLITICAL CAMPAIGNS. WHEREAS, the provisions of AS 39.50 require Municipal Officers, including Mayor, City Manager, Council members, and Planning Commission members to file reports concerning finances and also the finances of spouses, dependent children, or nondependent children living with them with respect to the source of all income over $100, including capital gains, identity of each business in which any of them was a stockholder, owner, officer, director, partner, pro- prietor, or employee, the identity and nature of each interest owned by any of them in any business, the identity and nature of each interest in real property, including an option to buy, any loan or loan guarantee made to any of them, the -identity of each trust in which any of them held a beneficial interest, and other such financial information normally considered of a private and confidential nature; and WHEREAS, AS 39.50.145 provides that a Municipality may exempt its Municipal Officers from the requirements of the chapter if a majority of the voters voting on the question at a general election vote to exempt its Municipal Officers from such requirements; and WHEREAS, the positions covered require a great expenditure of time in the public interest and most -persons in these positions receive little or no payment therefor; and I WHEREAS, compliance and participation in AS 39.50 discourages and limits the number of parties willing to donate their time to the public service of the City of Kenai; and WHEREAS, the bookkeeping involved, the technicalities of reporting required and the invasion of privacy discourages contributions to local campaigns, expenditures in local campaigns, and makes it difficult to obtain competent candidates willing to run for office in the City of Kenai; and WHEREAS, AS 15.13.010 provides that a Municipality may exempt itself from the requirements of the chapter if a majority of the voters at a general election vote to exempt the Municipality; and ORDINANCE NO. 355-77, Page Two .r - - _ - -14 WHEREAS, the Council of the City of Kenai believes that the voters of the City of Kenai should again be given the opportunity to decide whether or not either or both of these laws should be applicable to public offices within the City of Kenai, and WHEREAS, the Council believes that financial disclosure should be made pursuant to local regulation rather than by the State regulation in order that the disclosure serve legitimate community purposes within the City of Kenai, and WHEREAS. it is the Council's intention to pass a local ordinance regulating financial and campaign disclosure of municipal officials of the City of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI as follows: Section 1: There shall be placed on the ballot for the regular City election of October 4, 1977, with appropriate proposition numbers to be designated by the Clerk, the following question: "Shall the Municipal Officers of the City of Kenai be exempt from the provisions of State law (AS 39.50) relating to conflicts of interest or financial disclosure of candidates and holders of Municipal offices?" Section 2: There shall be placed on the ballot for the regular City election of October 4, 1977, with appropriate proposition numbers to be designated by the Clerk, the following question: "Shall the elected Municipal Officers of the City of Kenai be exempt from the provisions of State law (AS 15.13) relating to election campaign fund disclosure or to reporting of contributions and expenditures in election campaigns?" PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of August, 1977. ATTEST: Sue C. Peter, City Clerk JAMES A. ELSON , MAYOR FIRST READING: August 3, 1977 SECOND READING: August 17, 1977 EFFECTIVE DATE: I CITY OF KENAI ORDINANCE NO. 338-77, AS AMENDED AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA PROVIDING j THAT THE QUESTION OF DEDICATING CERTAIN BOND FUNDS TO THE CONSTRUCTION OF STREETS AND RECREATIONAL FACILITIES BE SUBMITTED TO THE QUALIFIED VOTERS OF THE CITY OF KENAI. WHEREAS, certain funds were authorized for the construction of a Civic Center by a bonding referendum of the City of Kenai predicated on matching funds being avail- able from the State of Alaska, and WHEREAS, such funds were not approved by State referendum, and WHEREAS, the construction of a Civic Center is now not economically feasible, and WHEREAS, there is a continuing need for street improvements and recreation facilities, and WHEREAS, redemption of any or all of the outstanding bonds of this issue in whole, or in part, cannot be accomplished prior to July 1, 1981. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, as follows: Section 1: The Council of the City of Kenai hereby declares that the public health, welfare, safety and convenience require the City to provide for major capital improvements to streets and recreational facilities by reallocation of $330,000, the remaining proceeds authorized by referendum for construction of a City Civic Center. Section 2: The Council hereby finds that it is in the best interest of the City that such $330,000 be reallocated as follows: $ 280,000 To Street Improvements $ 50,000 To Recreational Facilities Section 3: The City shall design, plan, acquire, construct and equip the following capital improvements. A. Major improvements to the streets and roadways within the City by reconstructing, widening, grading, and graveling or paving with asphalt or concrete, and by installing drainsre facilities, sidewalks and required appurtenances, within the central business district. B. Recreational facilities such as but not limited to tennis courts, ice rink and similar major facilities and required appurtenances. i ORDINANCE NO. 338-77. Page Two Section 4: In the event that the funds reallocated to each category will nc permit the acquisition, construction and installation of all of the improvements lister in that category or the acquisition of all equipment listed, such portion of such improvement or equipment as may be found to be most necessary by the City Counc shall be acquired, constructed or installed. Section 5: The proposition of whether or not the City shall reallocate $33 of the remaining proceeds of the 1974 Advanced Refunded General Obligation Bond 1 dedicated to the construction of a Civic Center to the purposes and in the amounts described in the preceeding sections of this ordinance shall be submitted to the qualified voters of the City of Kenai, Alaska, for their ratification or rejection at tl General Election to be held within the City on the nth day of October, 1977. Said proposition shall be in the following form: PROPOSITION NO. 1 REALLOCATION OF BOND FUNDS DEDICATED TO CONSTRUCTION OF CIVIC CENTER Shall the City of Kenai, Alaska reallocate 19330,000, the remaining proceeds dedicated to construction of a Civic Center by referendum dated May 250 1971, to be used in the following amounts, in the following categories, to design, plan, acquire, construct, and equip some or all of the following capital' improvements, allocation within each category to be made by the Council of the City of Kenai. $ 280,000 to major improvements to streets within the City including reconstructing, widening, grading and graveling or paving with asphalt or concrete, installing drainage facilities, sidewalks and required appurtenances, within the central business district. $ 50,000 to recreation facilities such as tennis courts, ice rink and similar major facilities and required appurtenances. YES NO PASSED BY THE COUNCIL of the City of Kenai, Alaska, this lst day of June, 1977. JAMES A. ELSON, MAYOR ATTEST: FIRST READING: Plev 10.'1977 (2• til , SECOND READING: .Tune 1. 1977 Su C. Peter, City Clerk EFFECTIVE DATE: July 1. 1977 I V 4 IL111AIALAM JL! L d 1 CITY OF KENAI ORDINANCE NO. 356-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING FUNDS FOR THE PURPOSE OF REMODELING THE AIRPORT TERMINAL BUILDING WHEREAS, the City of Kenai desires to make more leasable space available within the Airport Terminal Building, and WHEREAS, to accomplish this goal the City offices must be moved, and WHEREAS, this move will necessitate the expenditure of funds for electrical wiring and remodeling of the Airport Terminal Building, and WHEREAS, proper accounting practices require that all transfers between funds be made by ordinance: NOW. THEREFORE, BE IT ORDAINED by the Council of the City of Kenai as follows: Section 1: In order to accomplish remodeling of the Airport Terminal the following changes are hereby made: (a) The 1977-78 General Fund Budget is amended as follows: Flom: Contingency ($6.000) To: Non -departmental - Transfers $6,000 ORDINANCE NO. 356-77, Page Two (b) The 1977-78 Airport Terminal Budget is amended as follows: Increase Estimated Revenues: Interfund Receipts $6,000 Increase Appropriations: Buildings $6,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of August, 1977. ATTEST: Sue C. Peter, City Clerk JAMES A. ELSON, MAYOR FIRST RFADWG: August 3, 1977 SECOND READING: Auvust 17, 1977 EFFECTIVE DATE: UU. .IJLI J . L E i CITY OF KENAI I i RESOLUTION NO. 77-98 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING FUNDS WITHIN THE SEWER TREATMENT PLANT BUDGET WHEREAS, the Sewerage Treatment Plant has a defective Chlorinator and Injection System, and WHEREAS, no funds were provided for in the current budget, and WHEREAS, such replacement of machinery and equipment is deemed essential. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following transfers of funds are hereby approved within the Sewer Treatment Plant Budget: From: Repair & Maintenance Supplies ($11000) To: Machinery & Equipment $1,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of August, 1977. JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk i N ® CITY OF KL'NAI 7 RESOLUTION NO. 77-99 A RESOLUTION OF THE COUNCIL OF -TILE CITY OF KENAI, ALASKA, REJECTING ALL BIDS RECEIVED FOR JANITORIAL SERVICES FOR THE POLICE DEPARTMENT WHEREAS, the City of Kenai received bids for custodial service in the Police Department section of the Public Safety Building; and WHEREAS, there appears to have been a misunderstanding as to the frequency of service required. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska that all bids received for custodial service in the Police Department section of the Public Safety Building are hereby rejected. PASSED by the Council of the City of Kenai, Alaska this 3rd day of August, 1977. JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk I I CITY OF KENAI ._....... ._ _ .. ..r....r.rr,.OWN II RESOLUTION NO. 77-100 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE LOCAL ROADS AND TRAILS PLAN FOR 1977-1978. WHEREAS. the City of Kenai has been allocated certain Federal funds and desires to use these funds and local funds to augment Local Service Roads and Trails funds. and WHEREAS, an effective program requires re-evaluation and changes in the currently proposed program. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, as follows: Section 1 of Resolution No. 76-40 is hereby rescinded. Section 2 of Resolution No. 76-59 is hereby rescinded. Section 3: (a) The City of Kenai allocates $190.000 in Federal Local Public Works funds for this project. (b) The City of Kenai allocates $142,062.95 in Local Roads and Trails monies for this project. (c) The City of Kenai allocates $100,000 in Local Road Bond monies for this project. Section 4: The project hereby authorized is the upgrading and reconstruction of five local roads: 1. Kaknu Way 2. Lupine Street 3. "D" Street NW (4th Avenue/Milson Drive) 4. Walker Lane 5. Lilac Lane Section 5: Details of proposed projects are attached hereto as Appendices A, A-1, A-2, A-3, A-4 and A-5. Section 6: The City Manager is hereby authorized to enter into a contract with the State of Alaska to accomplish the project herein authorized. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of August. 1977. JAMES A. ELSON, MAYOR ATTEST: Elena Horton. Acting uny uierx R ,I LOCAL SERVICE ROADS TRAIL PROGRAM THREE YEAR PROGRAM PROJECT 1 4 77_„ Walker Lane XXXXR Lilac Lane XXXXX Kaknu Way XXXXX Lupine Street XXXXX 4th Street (Wilson Drive) XXXXX r 1 Gravel existine City streets • r 1 L . f i a r � i ' I k - t 1979 Mk.� I F iistritt: Central Raine of route: T.► T n Tertnini: Front Kenai Spur To end Length of Project • 38 mile (M UDE MAP SHOWING PROJECT LIMITS) Type of semi= to be provided: Improved irravel rond with appt;oprinte drainnere Describe L'xis r.; i': Cii::y: Sptir to Tprin hon n gnod rnpri hart Tpm nnuth has urantfsfaetory : au �� rpi ap�n iTa hart .nt Tarn hoposed Fir:ti:y: improved road and drainage hesent System: No. of parsons served: 120 + or - ' Location of not:riaic smsrces: Anehornee and local sources for culverts. Gravel - local pits. Dthintcsi Costs Constr. i P. B. R/1t'. Can*trusion tar.^inwin. Total r $64,600 $8,000 $72.600+ 1 Type of R/W' to be zcquired: None ' Name of Beed of Loml Governr mit: John R . "Ilse, City Manor" Ron %rL.s tpor.sua caufijs or (t:fly. e.g. l;r'iv. tied e.itns. nntcams. etc.) T41s; uroieet is iolned with four other streets. Partial funding LR&T, - - LPW (Federal) and City of Kenai Bond Funds. (LPfar Application attached) . ' Construction St:C AGCCSS: I s . I ' Appendix A-1 City 4annper � t 1lht•y,.w.{ N. j � i 3 't t 1 t �• 3 n L � ;i f rr• r! r i } M District: r_nt..nf Name of Route: .�, Lilne- trnpt Termini: From Wildwond Blvd. To Kenni gnur Un,ttl of i' ojcct .3lM milp t bUD$ MAP SHOWING PROJECT LIrtXTS j Type of scmice to be providrl: Drainage improved by deepening ditches and - �, �►lvarta • - Describe Exis-.in i i;it}: Basically sound roadway, however, has drainage ; r3ZDri infarZi2t'o lama. hoposcd Faciil.y: Uneraded road and drninncte. = Present system: No. of p.rsons served: 125 + or - ' Location of nut:riAs sources: Angbgrage and_toe;nj snurgpig for r►i..arta 1 r-Stinilted Costs, j Constr. • P. C. RAM,conIttrurtion i En^inettine i 1 • - 0 - $55,500 •$5;808 1 Type of Rj1'r to be acqui:ai: ` Name of Hczd of Local Gorcrnrl.nt: , John E Wise, City Manacrpr Rcnl.•trks tpa;:siitle t.1uSYR of ilc!a,'. L:b. Ft"►:', tmtd ckims. M1terials. etc.) This project is joined with four other streets. -- Partial funding LR&T, LPW (Federal) and City of ' - z" :Acallantion attacheAt Constructiun Re access: Appendix A-2 CirV Aq " anager C ' i 5 F i. District: Centrnl Name of Route: 4tb Sura t Yitc—a UP Termini: Fro -n Fvergreen (33rd) To Forest Drive (25th) • Len;th o!iroject •4 (bUDE MAP SHOWING PROJECT LIMITS) Type of scrsics to be provided: Reconstruct to estnhlish all weather road with annronrinte drniU tii:SC7ii7C Exist:n; Section of road RUbi*rAdP, 11^anitnhlp, drninngp gpnprally PnAr Proposed Fuciii:y : Upgraded road and drainage Present System: tio. of persons served: 80 + or itAption or nutsri:+La sources: Anchoraee and local smirees for enlvertg rrairpl - local pits. �•, Estimated Costs Constr. • P. c. RAV Conxtruetion , [e^ineerine t _ $88,900 •$9,800 I • Type of R j1'i to be acquired : None * Name of ITcsd of Lotul Govcnin nt: John R. Wise, City Manager Remarks 1pnssib:c causes of d.-bF. a;. r: j t1',11nd ci:i:ns, etc.) This project is joined with four other streets. I Pgrtigl funding T..R&T__. _T.P_u► •(Endgral)-nnel C tv of Kenai Road Funds. (LPW application attached) I Construction Si:c .Access: f. 1. I y < < Appendix A-3 M • �r 4 _�I f R' Total $98,700 City Manager �i+1; District: Central Name of Route: t,�+nn r•r+��■. Termini: Fro? Kcnai Spur To Fern Length omoicct _9s milt, %'%,LUDE MAP SHOWING PROJECT LIMITS) I I i . Type of scrsicr to be provided: Upgrade road by reconstruction and installation of drainage. Drainare to include Fern -Luvine-Primrnse-RnFir Describe E•xis::a; Poor suberade and nnor rl,VJraaP nrni.,za in antiva-aaw' poor -- makintr road imnassable diminrr brank-iip hoposcd Facaii:p: Imuroved road surfaeR And dr On Present System: No. of parsons served: 2nn + nr - Location of nutt:ri:tN sources: Anchorage.pnd In al spur—nv.- local pits. Estimated Costs Constr. r. �. RAW Conetru:tion ( Er.^incerinc $119,900 •$11,500 I i Type of R1%7 to be acquirctl: None t j Name of 1;3c:d of Lot.=l Gos•crtim."It: John F . vrise, City rsanae�er Remarks 1possibk cau4ss of d0ay. C..-. l:fr1•, sated c::i:ns, n:a(eriils, etc.) This project is joined with four other btrests. Partial funding LR&T, LPV►► (Federal) and City of Kenai Bond Funds. (LPNr Application attached) . Construction Re Accccs: i . Appendix A-4 - - - - - - - -- - - Total $131,400 City Manager a It .. _}bra ... .. L _...0 A,II 1 II II I■ — • ="�I II I II L �a, District: Contras name of route: Termini: ROM 'rink,,, r.nn,,(t'jthl TO ,,, rand'a aho (94nA4Len,th of Nojcct ,3..,,;t t"INCLUDE A1AP SHOWING PROJECT LIMITS) Type of scr%ice to be provider!: UpKrade road And improve drninAre t _ Describe Exis:i:.; 1-6;i►y : Tinker to Linwood -- aceemable subsurface, Linwood to t Candlelight - unsuitable subsurface -- genorally poor drainnge . hoposcd Fac:ii:p: improved roadway and drainage Present System: Io. of persons served: X00 + or - Location of nourhh sources: Anchorage and local sources for culverts. Gravel -- local pits. ' &limited Costs Constr. • P. E. � R/W Construction � Er.^.incctin, $61,200 •$7►800 • Type of RAV to be acquired: alone M ` Nome of Bead of Lotrel Govertinwot: Jahn V. Noise, City Manger 1 Remarks l: j iV.1atzd ,,::.loss, triter#ars, etc.) . - This nroiect is coined with four other streets. Partial funding LR&T , LPW (Federal) and City of Kenai Bond Funds. (LPH' Application Attached . ) 1� 1 Construction Si:c Accem: I • = 1 } . I Total •' ' $69,000 Appendix A-6 City Mtinaorer t hn,.q.,..� r••r . t I c r I .} i I a i, ,. Ll?Asti OF i AIRPORT LANDS (tit FACILITIES , ,t THIS AGRIiMMENT, entered into this day of ; F _+ l0 , by and bettreen the CITY OF I%ENAI, a homw rule municipal corporation !t of Alaska, hereinafter called "City", and Andy's Flying Service, Inc. ' ' hereinafter called "Lossee". (# 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: Lot 1, Block 2, General Aviation Apron, Kenai, Alaska. 1 •S Term: The term of this Lease is for 55 years, commencing on the 1 St day of August , 1977, to the 30th day of Juno 77U32 , at tho tintivai rental of 22, 000.00 Payment: Subject to the terms of General Covenant No. 10 of this Lease, the rental specified herein shall be payable as follows: (a) Right of entry and occupancy is authorized as of the Is t day of August ,1977 , and the first rent shall be computed from such date until June 30, f'98 ,, at the rate of $ 5.47 per day for 334 days, equals $1,826.98 now due. (b) Annual rent for the fiscal year beginning July 1 and endircc% June 30 shall bo payable in advance, on or before the first day of July of each year. (e) Rental for any period which is less than one (1) year shall be prorated, based on the rate of the last full year. (d) The rent specified herein is calculated as follows: ! l ! 50 , 000 square feet at $ • 04 per square foot per year, or $ 2, 000.00 per year. i In addition to the rents specified above, subject to (leneral Covenant No. 10, the lessee agrees to pay to the City fees as hereinafter provided: ii (a) Assessments for public improvements now benefiting property 'f in the amount of $ n/a (b) Applicable taxes to leasehold interest or other aspects. ;. (c) Sales Tax now enforced or levied in the future. ' (d) Lessoe agrees to pay all assessments levied in the future by the City of Kenai, as if Lessee were considered legal owner of record of leased property. (e) Interest at the ,rata of eight percent (810 per annum and ten I Q percent (l0^;) penalties on any amount of money owed under this Lease which Is not paid on or before the elate it becomes due. (f) Additional chnri;es as set fortis in +chedule A, attached. b Page Ono, LFASI: Revision 4/29/70 lu Initials: Lessee: Lessor: q ti it The pul-po-me for which this Lease In issued is, tl passcoller waiting room and lounge, pilot lounge and off Ict's. ii ii ORNERAL COVENANTS 1. Uses: Except as provided herein. tiny regular use of lands or facilities without the written consent of the City is prohibited. This prohibitinn Nhall not Apply to use of areas designated by the (Aty for specified public uses, such As passenger terminals, Automobile pnrking, areas And streets. 2. Uses %lot rontemnlated Prohibited: Solicitation of donations - or the promotion or operation of any pat or kind of business or commercial enterprise, other than as specifically set forth herein, upon, in or Above airport lands, without the written consent or the City is prohibited, 3. Impoundinir of Propertv: Any or All personal or real property placed or used upon lands or in Vacilibes in violation of prohibitions may be removed and/or impounded by the City. and when so removed and/or impounded, such property mnv be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus ntorago charges of 14.00 per day, or $5.00 per day in the case of each building or each aircraft in excess of 6.000 pounds gross weight, or In the case of any other kind of property, an amount not to exceed $5,00 per day, or in accordance with such higher fees as may be incorporated into regulations of City's Airport. 4. Commitment for Rent And N-lon-AssionlHOnt: Lessee ngroes to pay the annual rental and fees specified rind not to tis%ifrn this Lease or any part, nor let. nor sublet. either by grant or implication, the whole or any part of the premises without written emisent of the City, which consent shall be obtained pursunnit to th'; follow J ng procedure: (a) Submittal to, and approval of, proposed lease transfer by the Kenai Planning Commission. (b) After approval by the "enai I'lanninr Commission, final approval of transfer by the City Council. Any assignment in violation of this Provision shall be void, and shall be grounds for cancellation of this Lease by the City. S. Treatment of Demise: The Lessee nreers to keep the promises clean and in good order at its own expense, suffering no strip or to 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 it surrender the premises to the City. fi G. Payment of Rent, Checks, bank drafts or postal money orders shall be made payable to the City of Kenai, and delivered to the City Administration Building, Kenai, Alaska. 7. Construction Approvnl 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 Vinnning Commission which fhall be tipproved in writing for All permanent improvements. Initials: Lessee: Lessor: q it last address of record in the files of the ('fly. t it 14. flfinp to 1,iI Aceohtanra: 'rho offer to lease is made subjeel �I to applicable laws; and reguh�tionm: of ('ily, and may he withdrawn without notice, at silly time sifter thiriy ('s0) days from t:uhmission thereof, unleas within such thirty (30) days the Lessee executes and returns the i.ease to the City. 15. Underiyintt Title: The interests transferred, or conveyed by this Lease are subject to any and all of the covenants, terms or conditions contained in the instruments conveying title or other interest4 to the City. i 16. Rightl of Inspection: City shall have the right. at all i reasonable times. to enter the premises, or any part thereof, for the purposes of inspection. F1 17. Insurance: lessee covenants to save the City harmless from all actions, suits. liabilities or damages resultingg, from or arising out of any acts of commission or omission by the Lessee, his agents, employees, customers, invitees, or arising from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. in this connection, the Lessee agrees to arrange and pay for all the following: (a) Public liability insurance protecting both the City and/or Its agents and the lessee, such inaurance to be evidenced by a cortifiente showing the insurance in force, 'rhe amount of much public liability insurance shall have limits not less than those known as $100,000/$300,000/$50,000 (b) Lessee agrees to carry employer's liability insurance and Workmen's Compensation insurance, and to furnish a certificate thereof to the City. (c) Insurance contracts providing liability insurance end i Workmen's Compensation shall provide for not lors than thirty (30) days written notice to the City of cauccllation or expiration or eubstantfal chtinge in policy conditions and coverage.. (d) lessee agrees thnt waiver of subrogation against the City shall be requested of Lessee's ins;uror. and shall be provided at no cost to the City. (e) Cross Mobility: it is understood and agreed that the insurance afforded by this policy or policies for more than one nnmod insured, shall not operate to increase the limits of the company's liability, but otherwise shall not operate to limit or void the coverage of any one named insured as �respects claims against the same named Insured or employees of such other named insured, I' �t 19. Accounting Obligation: Lessee agrees to furnish the City an li annual sworn statement of gross business receipts end/or an annual sworn statement of the numher of gallons of fuel and oil sold and/or any certificate H or statement to substantiate the computation of rents or fees, including reports to other governmental agencies. 19. Collection of Unpaid Monies: Any or all rants, charges, fees or other consideration which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessee and Lessee's property, real or personal, and the City shall have such lien rights as are allowed by Law, and enforcement by distraint Initials: Lessee: Lessor: .. . . ........... A ` /* -� '-� „- - --- - - --- T -..- - - ' ��► - -7 �__ ice-. ,,,_r- F LIPS i STATE OF ALASKA } q THIRD) JUDICIAL DISTRICT } _ c On this 1—w+_ clay of d c j �,t t,7 . 1917 , before me a personally appenred :pqi , fa a_ . l�I i to , nfj7 .known to be tate person who executed the above Len so and acknowledged that he (she) had the authority to sign the same, for the purpose=s stated therein. . NOTARY PUBLIC F()R ALASI*A My Commission Expires: - � • � � • Fy' i ACKNOWLEDGMENT FOR PUSBAND AND iriFF. STATE OF ALASKA ) THIRD JUDICIAL DISTRICT } Before me, the undersigned, a Notary Public in and for the State of Alaska, on this day personally appeared j 4 dnd , husband and wife, both known to be the. ( persons whose names are subscribed to the foregoing Lease, and achnowled(;ed i to me that they executed the some as their free and voluntary act and deed, r and for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day ` of , 19 i j WOTARY PUBLIC FOR ALASKA . j Aly Commission Expires: t f a — i S k 1 � w i i. t' fl r 1 A b,...t..inw A190t?R M T _ — -N SCHEDULE "A" f PON ! Lessee shall pay a one-time premium in the amount of $525.00, to he paid upon execution of this lease. This is in addition to the regular lease payment of $1,826.98 also due upon execution of this lease. INITIALS Lsssee Lcssor F ..,re.—^+»�xr.;cN...vgv,..�-•.c--•-,+w....n...n�v..w+-n--w,�.....a=+�vaa� .osa ,�a.�. .:... t-w+.sv:,,•+++•;.•. ,, _.. �._. .e2.G: er--•.,�•.-,.,••..,,,ve-�� } r t i i n i SCHEDULE "B" Construction of a building and other improvements specified in lease application of Lessee, dated June 28, 1977, shall be completed by October 15, 1978. A copy of the pertinent portions of Lessee's application is attached hereto and incorporate.] heroin by reference. INITIALS Lossee Lessor J, t ' C1i Q1' XE -`1/11 COX LEO . I,:;K,1. AtASXA . 11101.1 2fl3.7535 Name of Applicant EAM L. D1AMONb Uox 307 KENAI. ALASKA 'JW1 ,r` Address , Business Mme and jiddress ANDYS FLVW& S[-VArG. INC. &M. 36'7. 9'E -NA -1. A-LA5YA Gqi b 1 t xenai Penin.;Oa Borough Sales Tax No. State Business License No. 76 Phone 2g3-76716 (check one) Lease Permit Lot Description LO �, r3LUGk� .Z, CsAA Desired length of Lease or Permit YEA2-S Property to be Used for -SUI-TA131.L= 13014DIA16 7v CDAITJ41Al PA44AM,662 WAITING (260M AND . L.cWuNG[-; P/1 -OT 4-01jd6k�; ANA L1YFlarFS. . v scription of developments (type, construction, size, etc. (A.) MA.7'0,e 6PAV L. ALL. ($) 4.11' >< bo' Rill ! Attach development plan to scale l inch c 58 feet, showing all build- ings planned. i Time Schedule ©n/57"(7UG ri DA/ Or 5T12f16-rW?4F O Z2,9 t o1wAFq'z D 0Y r6GTolgr---e 15; t 978, Estimate value of construction: L-28-77Date Signed , w•nr -s-�., .-.,---.-.+nrs-�wr,wm . as..«,.. _«na.,n.+.ww.rw � �Wgp.wwsM>{.e-s..y-..r.. s.w�.f!.t�1Y,R:lT`.—moi : _ +..sr •M...wr i 1 �t _ pg l of 2 I 7 BUILDING ITIFOUTATION Names a i f f - i t } " f 1 f a t .. 1 ' 1 r k t Construction materials: -STLTL Z -SPAM Q?AMe✓ METAL SUILDIJJA WITH 1112 PITLhI al&g 7,0 W17-HsrAnlA 404* ` L/v� LaAn ANl� 3v WWII L-,-, AM, • SCale:y I - � 1 I y { .v f i f i ' E -- LAYOUT PLAN Lot Block Subdivision 9 A A i Name . i T ; N10-rAXlu✓A Y AIft. QAFT MQVrr4 I/T AREA 1 f • � r ' SrputruQ@' r VC-NICLF FAIZKI144 i. loin Scale i" a soy P 1 i,i?ASis t)t' � AlltiOUT LAND!, OR FAtCII-I 'IVS # ig i 'fills AGttl:l.1ti.NT, entered into this flay of 10 . by and between the CITY OP KRN'A1, a home -rule municipal corporation of Alaska, hereinafter called "City", and 'fpl£ 111:1t'i'2 CORPORA'i']ON hereinafter called "Lcsst:,•" That the City, in consideration of the l,nyments of the rents and the performance of :Ill the covenants herein contained by tate Lese're, does hereby demise and lease to the Lessee the following fiescrihed property in the Kenai Recording District, State of .Alaska; to wit: Counter Space Ilb (60 square feet), first floor , Kenai Municipal Airport Terminal Building, as described in that certain deed from the United States of America to the City of Kenai filed in Book 27, Page 303, Kenai i Recording 0istri.ct. Term: The term of this Lease is fnr one years, commencing; on the 1st day of July , 197.7, to the 30th day of { June , 1978 , at the annual rental oM-0-48- 00 Payment: Subject to the terms of renoral Covenant No. 10 of this Lease, the rental specified herein shall be payable as follows: (a) Right of entry and occupancy is authorized as of the 1st day of Jttly 1977, and the first rent shall be computed from Fueh date until June 30, 1978 , eMbvm-iSX $xxxxxxxxxxxxx)011"x%y') xxxxxx �yhXiti4h-,xK.xxxxxxxxx��.l:��x (b) Annual rent for the fiscal year beginning July 1 and endinit Juno 30 shall be payable in advance, on or before the first day of July of each year. (e) Rental for any period which Is less than one (1) year shall be prorated, based on the rate of the last full year. (d) The rent specified herein isenleulated as follows: ' ill 60 square feet at $- 90 per square foot per ".91x�Ianth or $ 618.01) per year ' ! In addition to the rents specified above, subject to t;ennraI Covenant No. 10, the Lessee agrees to pay to the City fees as hereinafter provided: 1 (a) Assessments for public improvements now benefiting; property ' in the amount of $ n/a i (b) Applicable taxes to leasehold interest or other aspects. (c) Sales Tax now enforced or levied in the future. (d) Lessee agrees to pay all assessments levied in the future by the City of Kenai, as If Lessee were considered legal owner of record of leased City property . 1 (e) Interest at the ,•ate of eight percetlt (R"s) per annum and ir•iI ' ` erceiit (10%) penalties on any amount of money owed under this Lease which is not paid on or before. the date it becomes flue. II �fi:xAtitliiintndx�tooxp#n:xtoM�icReAytri�4tl8�;�NitisUt�3�1�VC�W1Kt'ob'i�4x ' (f) Additional charges as set forth in Schedule B, attached. ; Page One, LEASH Revision 9/29/76 I F I ` r t� �i I ' i t � J L PIN Tito purpose for which this; Lease it- ir,auc•d is: Counter Space and Car Mental `•pace GENERAL COVENANTS 1. llw!s: Fxcept its providod heroin, tiny regular tire of land, ! or facilities withoutYthr written consvilt of the City is prohibit(-(]. This prohibition fihnii not apply to use of areas dvsiunnted by tho City for snecified public uses, such an pa!sseni;er term mals, automobile tmrkinr area: and strs•cts. 2. t)ces, Not rontomointed tss•nhlhit(o- co) feflntIon of donatfou, or the promotion or operation of sant ).tl-t nr kind of husinpas or crnr*nercint enterprise, other than a5 cpc:cificulty set fnrth horrfn. t►prin. in or nbove airport lands, without the written consent of lho city is prohibited. 3. Impoundintr (if Prooertr: Any or all personal or real proom-tv placed or used upon lnnds or in facilities in violation of prohibitions; may be removed and/or impounded by the Citv, and when so removed and/or impounded, such property may be redeemed by the owner thereof onl'- upon the payment to the City of the costs of removal plus sstorago rhurct,G of '%1.00 per day. or $5.00 per day in the corse of each builclintr or each aircraft in excess of 6,000 pounds )!Noss we-Wht, or In the case of tiny other kind of property, an amount not to exceed 35.00 per s=ay, or in stceordanee with suet: ;. higher fees as may be Incorpor2ted into regulations of City's Airport. 4. Commitment for Rent and Nan-Asmignment: Les:sec agrees to pay the annual rental and fees specified and not to nssis ii this Lt -ase or any part, nor let, nor sublet, either by grant or imolication, the whole or any part of the premises without written con.vnt 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 uonni tslnnnintr remmis0on, final approval of transfer by the rity Council, Any assignment in violation of this nrovicion shall be void, rind shall be grounds for cancellation of this Lease by tho city. S. TreAtment of demise: The Lesser nerves to keep the premises clean and in good order at its own expense, suffering no stria 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 Administration Building, Kenai, Alaska. 9. Construction ApnreVnl 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 PIanning Commission which shall be approved In writing for all permanent improvements. Initials: Lessee: All Lessor: r....•. I— ,-- �+ laid address of reword in lilt- files of the (,,ity. 14. Offer to Lease Aeeelrt:umi�L, The offer In lensp is matte E:ubjrel I� to applicable laws and regulsetiunn of ('ily. mud mny he withdrawn without ! notice at any tinge after thirty (30) days from suhmi•:sion thereof, unless within ' such thirty (30) day.: the Lessee executes acrd returns the Lease to the City. I � 3 15. Underly1iix 'Title: The intere:••ts transferred, or conveyer) by this Lcas c are subject to any and nil of that crntolinnts, terms or conditions contained in the instrumptits conveying title or other iutereyt,4 to the City. 16. Right of inspection: city shall have the richt. at nil j reasonable times, to enter the hrendi ps, or any part thereof, for the purposes of inspection. 17. lnsut•anc r Lesson eovenants to save the City hit"tnless f:•n•r. all actions, suits, liabilities or dnmatres resultIner frnr*i or :arising* out of any acts of commission or omission by the Lessee. his sivyents, emplevees. cttstotrr.r�:. I invitees, or arising from or out of the Lessee's vecup;etion, or one, of the pt o-misr q demised, or privileges Granted. and to pay all colts cunneeted th^t'r•with. In this connection, the Lessee agrces to arrane'e and nay for all the following;: (a) Public liability insurance protecting broth the City antt/or its agents and the Lessee. such insurance to be eiridenced by a certi-lento, showing the insurance in force. The amount of such twMic liability ir.surnnee shall have limits not less than those known ns 100,000/300,000/50,000 (b) Lessee agrees to carry employer's liability in%ursnee anti Workmen's Compensntion insurance, and to furnish r certificate thereof to the City. =� (c) Insurance contracts providing liability insurance and Workmen's Compensation shall provide, for not less than thirty (34) days written notice, to the City of cancellation or expiration or substantial change., lr. policy conditions and coverage. (d) Lessee ngrees that witivpr of subrogntion an'ainet the City shall be requested of Lessee's insuror. and shall be providod at no cost to the City. (e) Cross Mobility: It is understood and Agreed that the insurance afforded by this policy or policies for more than one namearl in sureel , shall not opernte to increase the limits of the company's liability, lett otherwise li shall not operate to limit or void the coverare of any one named insured as �irespects claims against the same named insured or ertployees of such other named insured, 18. Accounting Obligation: lessee ngrees to furnish the pity an annual sworn statement of cross business receipts and/or an annual sworn statement of the number of gallons of fuel and oil sold and/or any certificate or statement to substantiate the computation of rents or fees, including reports to other governmental agencies. ; 19. Collection of L'npnld dlonies: Any or all rants, charges, fees or other consideration which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the lessee and Lessee's property. real or personal, and the City shall have such lien rights as are allowed by Law, and enforcement by distraint ' Initials: Lessee: JA`11 , i,ossor: 0- M-1 . - - - - -- T- - - -- - '- -- -,q LESSFE: TIM IWITZ CORPORATION STA'1'1-'()1'AaMM NEW YORK and concessliSna CuIVI-Y OF (MIENS ss. On this _18th day Of Jul.v 19 77 . before rpr personally OPP""d . All 11 B- -xital'al hnotv n to be the pers.r.i. who executed the rkbovo lxnse anti at-Miolviedifelt that he (she) bed the authority to sign the svine, for the purpose; stated therein. tRNA NOTARY PUBLIC FOR -IMCKM NpP YORK w. lo Q!8j"j;P'. Q.12�s 1970 My Commission Expires- JAP14h 10. ACI(NO%tMF1)G'M1!NT FOR Itt'SHAND AND WIFE STATE OFAT-ASKA ss. THIRD JUDICIAL DISTRICT Before me, the undersigned. it Notary Public in and for the Stfite of Alaska, on this day personally appciii-ed and . husband and %vife, both knov:n to be the persons whose names are subscribed to the fnperoinF Lear?. and ac!tnowl,.-4v-i-1 to me that they executed the same as their free and vuhintary Pet and (teed, and for the purposes and considerations therein expressed. GIVEN UNDER MY HAND ANY) SMI, OF OFFICr, this tiny of In NOTARY PUBLIC FOR ALASICA My Commission Fxpires, ;.. i' SC{11{IIl1I,li IS Lemur, (.'t'.4 (Illy of '19 , between the CITY Or XrNA1, n 1 rule s,rrnicipal corporation of Alaska, hereinafter called "CITY" and IiliR't x C.ORPORA'1'10.4 , LESSEE. 1. I►► a44itinn to the rents specified on the per squore foot basis, LESSTr agrees to pay to tilt. CITY an additional charge for the privilcl;e of conducting businesses herein authorized computed by the following in-rcentaFes of L1iSSFE's gross receipts, payable on a ►monthly basis, iii)rn4X1?LY<til{1iJ5s\►`ldccY�iAJid�'i�Xll)�ii�@Xdr��iu`I•k?JY�t3A16itk}i:`(�rDwC J44il� as follows: (a) lst year 10% of time and mil calve charges 2T*Pai Atlxg:eait Initials INllIAL >it Lessoe Lessor Ten (10%) .../.81a,... (b) Thirteen percent (44!0 of gross receipts from sales of personal accident insurance. ....... .... .� (c) The term "Rent-A-Car Business" as used in this agreement, shall mean the business of renting passenger cars and trucks for periods of time not in excess of sixty (60) days. Each rental transaction shall be by a separate agreement, and any extension of use by the rentor of the period of time originally comtraeted for shall be Considered a separate rental transaction. The contractor shall furnish to the Airport B7nnarrer. for auditing purposes, the block of contract numbers that will be used for car rental agreements covering business orilrinnting at the Kenni Municipal Airport, and shall further advise the Airport ATanager when additional contract numbers are assigned for the Airport operations. Gross revenue of the rent -s -car business shall be the total amount of I< the tima and mileage charges on car rental transactions. i Gross revenue from the sale of air travel insurance shall not include bona fide refunds made for cancelled policies, I All payments shall be made monthly within ten days after the and of each month; and shall be accomplished by a separate certified statement showing gross receipts from each of the businesses herein authorized for the month for which payments are made. If any such certified statements are found to be incorrect statements of gross revenue for the month involved, any additional amount determined I to be due the CITY shall be immediately paid to the CITY by the contractor and any amount of overpayment by the Contractor shall be credited against the next monthly • payment due the CITY under this agreement. l 2. The purposes for this lease are as follows: ► i 1. The right to conduct a business on and from the Airport. 2, The right to conduct the business of making arrangements for hunting and fishing trips. for air taxi services, for charter flights, for rent-a-plone services, for motel and hotel reservations, and for long distance telephone and telegraph services. S a �- -- • e- - - - - -4 - /-- "-www .7� 3. T- wcul+y counlrr r;pace in mu tinea find in fi raze dcsignnted by the Airpoi-t Manager. Such counter to be constructed by the Contractor with size and design to be approved by the Airport Mannt!er. Such space r+hall not be used for tiny other purpose except pursuant to a separate agreement for authorization from the CITY. 4. The right to use parliffir spnee for one vehicle, as a drop at a convenient point near the Terminal Building as desilrnnted by the Airport A+meager, with space designated in other parking areas for not snore than ten (10) vehicles. INITIALS: T,essee /9` Lessor Page 2 of 2 t Y f I f i �- -- • e- - - - - -4 - /-- "-www .7� 3. T- wcul+y counlrr r;pace in mu tinea find in fi raze dcsignnted by the Airpoi-t Manager. Such counter to be constructed by the Contractor with size and design to be approved by the Airport Mannt!er. Such space r+hall not be used for tiny other purpose except pursuant to a separate agreement for authorization from the CITY. 4. The right to use parliffir spnee for one vehicle, as a drop at a convenient point near the Terminal Building as desilrnnted by the Airport A+meager, with space designated in other parking areas for not snore than ten (10) vehicles. INITIALS: T,essee /9` Lessor Page 2 of 2 t h ! - ' — - - - --- -- - -- ---- r - - . - r -- . 1 --- - —•..— —,—Now— Atlachatc•Irt to contract, chalet) _ day of-- _ , 19 , between the City of Kwtai, hereinafter culled "C I`' ", anPit d 'h IIfiR'rZ Ct3lU10ltA'r10N ^, sometimes Itsrreinafter called "Lessee". �+ The (rrntdre, licensee, lessee, permittee, etc., ns appropriate) for himself, his heirs, personal representatives, sueevw;ors in Intere:;t, and nssigs, as a part of the con ,ideration hereof, sloes hereby covenant and agree (in the ense of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or othertviso operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provisions of similar services or benefits, tite (grantee, licensee, lee:sce, permittee, etc. ) shall maintain and operate such facilities incl services In compliance with all other requirements imposed pursuant to Title 419, Code of federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation—Effectuation of Title V1 of the Civil alights Act of 1964, and as said regulations may be amended. (if this attached to license, lease, or permit, then): That in the event of breach of any of the above nondiscrimination covenants, City of Kenai shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and facilities thereon, And hold the same as if said (licenses, lease, permit, etc.) had never been made or issued. (if this attached to deed then): That in the event of breach of any of the above nondiscrimination eonvennnts, City of Kenai shall have the right to re-enter amid lands and facilities thereon. rl and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of City of Kenni and its assigns. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and losses add "as a convennnt rumiing with the land") and (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any Improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permitce, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination In Federally assisted programs of the Department of Transportation--Wectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, City of Kenai shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. That in the event of breach of any of the above nondiscrimination covenants, City of Kenai shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of City of )tenni and its assigns. INITIALS: Lessee � Lessor n i M LEASE OF AiRpowr LANDS OR FACILITIES li THIS AGRUMENT, entered Into this day of 19 by and between the CITY OF KENAI, a home -rule municipal corporation Nancy J. Peck o(TI—aska. hereinafter called "City". and Brian L- and 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 Lessee. does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska; to wit: Lets 7 and S. Old Aircraft Apron, Kenai Municipal Airport, 0 w described In that certain Quitclaim need from the USA to the City of Kenai, filed, in Book 27 of Deeds at Page 303, Kenai Recording District, Third Judicial District, state or Alaska and including the hanger and any improvements thereon. Tom: The term of this Lease is for 17 months ysxM commencing day of February,19'1'i, to the 30th day of —(—$".00 June 6 at the annual rental '197 PaVment,. Subject to the terms of General Covenant No. 10 of this Lease, the rental specified herein shall be payable as follows: (a) Right of entry and occupancy is authorized as of thea at day of Februar V , 1977 , and the first rent shall be computed from such 16.0 date until June 30,1 . at the rate of $1.64 per day for days., equals $ .0 now due. (b) Annual rent for the fiscal year beginning July I and eneling June 30 shall be payable in advance, on or before the first day of July of each 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. • (4) The rent specified herein to calculated as follows: 16,000 square foot at $.04 per square foot per year. or $ UOU.UU 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: (a) Assessments for public Improvements now benefiting property in the amount of $ n/8 (b) Applicable taxes to leasehold interest or other aspects. (a) Sales Tax now enforced or levied in the future. (d) Leasee agrees to pay all assessments levied In the future by !'the City of Kenai, as if Lessee were owisidered legal owner of record of leased property (e) Interest at the eate of eight percent 48%) per annum and ten percent 00%) penalties on any amount of money owed under this Lease which date it becomes due. Is not paid on or before the (f) Additional charges as set forth In Schedule A. attached. Page One. LEASIP. Revision 4/20/70 i M p (7) --- -M1111M R1 "Wilt I t� The purpose for which this Lease is issued Is: ! 11 Maintenance Shop I� GENERAL COVENANTS ; 1. Uses: Except as provided herein, any regular use of lands or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas and streets. 2. Uses %ot Contemnlnted 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. Impounding of Property: Any or all personal or real property placed or used upon lands or in facilities in violation of prohibitions may be removed and/or impounded by the City, and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of Sl .00 per day, or $5.00 per day in the case of each building or each aircraft in excess of 6,000 pounds gross weight, or in the case of any other kind of properly, 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. 8. Commitment for Rent and Non-Assinnment:Lessee agrees „ to pay the annual rental and fees specified and not to assign this Loase 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 venal Planning, Commission, final approval of transfer by the City Council . ' Any assignment in violation of this provision shall be void, and shall be grounds for cancellation of this Lease by the rity. i S. 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 ! surrender the premises to the City, �i 0. Payment of Rent: Checks, bank drafts or postai money orders shall be made payable to the City of Kenai, and delivered to the City Administration Building, Kenai. Alaska, 7. Construction Approval and Standards: Building construction i, 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 etevelopment of property to the City Planning Commission which shall be approved In writing for all pormanont improvements. PareTwo, L1iASP. Initials: Leasee: Lessor:,Q/V Revision 4/29/70 N i� Inst address of record in the files of the ('ily. � 14, offer to Lrnse Acre tanee: The offer to lense is made subject to applicable Ifiws find regulntionn of City, ind' may be withdrawn without notice at any lime, after thirty (30) days from submi ,cion thereof, unless within such thirty (30) days the lessee executes and returns the Lease to the City. �j 15, Underlyhify Title: The interests transferred, or conveyed by this Lease are subject to any and all of the covenants, terms or conditions contained in the instruments conveying title or other interests to the City. i 10. Right of Inspection: City shall have the right, at all reasonable times, to enter the premises, or any part thereof. for the purposes of inspection. 17. Insurance: Lessee covenants to save the City harmless from all actions, suits, liabilities or damages resulting, from or arising, out of any acts of commission or omission by the Lessee. his agents, employees, customers. invitees, or arising from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and to pay all coats connected therewith. In this connection, the Lessee a frees to arrange and pay for all the following: (a) Public liability insurance protecting both the City and/or its agents and the Lessee, such insurance to be evidenced by a COPtMCate" showing the insurance in force. The amount of such public liability insurmtee shall have limits not less than those known as 8100,000/14300,000/00,000 (b) Lessee agrees to carry employer's liability insurance and Workmen's Compensation insurance, and to furnish a certificate thereof to the City. , (c) Insurance contracts providin gr liability insurance and Workmon's Compensation shall provide for not lhss than thirty (30) days written notice to the City of cancellation or expiration or substantial change in policy conditions and coverage. (d) Lessee agrees that waiver ed subrogation against the City shall be requested of Lessee's insuror, and sham be provided at no cost to the City.. (e) Cross Liability: It is understood and agreed that the Insurance afforded by this policy or policies for more than one named insured, shall not operate to increase the limits of the enrttpnny's liability, but otherwise shall not operate to limit or void the coverage of any one named insured as respects claims against the same named insured mr employees of such other named insured. i; 10. Accounting Obligation: Lessee agrees to furnish the city an it annual sworn statement of gross business receipU and/or an annual sworn +i statement of the number of gallons of fuel and oil sold and/or any certificate or statement to substantiate the computation of remts or fees, including reports I to other governmontal agencies. 10. Collection of Unpaid Monica: Any or all rents, charges, fees or other consideration which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease. shall be a charge against the Lessee and Lessee's property, real ar personal, and the City shall have such lien rights as are allowed by Law, andl enforcement by distraint F Initials: Lessee: • ")lop Lessor: fn..,... t:..,,,, rr.ear Ham'? r 0 LESSEE LF88FE, i OQQ STATE OF ALASKA ) ss. !� THIRD JUDICIAL. DISTRICT ) On this day of .19 . before me personally appeared , known to be the person who executed the above. Lease and neknowledged that lie (she) had the authority to sign the same, for the purpose; staled therein. NOTARY PUBLIC FOR ALASICA My Commission Expires: ACKNOWLEDGMENT FOR INUSBAND AND MIFF STATE OF ALASICA ) as. THIRD JUDICIAL DISTRICT ) , Before me, the undersigned, a Notary Public in and for the State: of Alaska. on this day personally appeared 3121AiU .1,. PACK and 1.4AWC Y U. PECK , husband and wife, both known to be the � persons whose names are subscribed to the foreproing Lease. end achnowled>*ed to me that they executed the some as their free and voluntary act and deed, and for the purposes and consWerations therein expressed. EN UNDER MY BAND AND SEAL OF OFFICE, thisjQ�Lday df IV , 19 fes. F– t Qanlo- F-1 1-440001— NOTARY I'UI1L.IC FOR ALASICA My Commission INpires:3 • rQ.2 • 8 p Pnar Nine. IXASI; Rneicir,n 4/911/7R I July ?9, 11.177 CITY MANAGER'S REPORT # 22 1. A public hearing on Ordinance No. 353-77, appropriating some $22,000 in anti -recessionary funds for use within the Fire Department. These funds will be utilized for salary adjustments within the department and to defray the additional overtime costs. 2. Ted Carson is listed on the agenda as "Persons Scheduled to be Heard". There is a letter in the packet explaining his presentation, asking for a change from a 55 year to a 99 year lease for Yoshi and Ruth Shiohira. I would like to comment that, in the event the Council does agree to such a change in lease, we assure that the lease rate is either updated to current appraised values or that the five year period for redetermination of lease rate is adjusted to not waive our renegotiation rights in the relatively near future. 3. Under "Old Business" is the payment estimate for Brown Construction Company relative to work on the EDA waterline. I believe that with the waivers requested by property owners relative to restoration of the existing site for permission to tap the waterline, this issue has been resolved and Brown's payment is in order. 4. "New Business" contains two ordinances relative to financial disclosure requested by the Council and prepared by the City Attorney. S. I hope to have two ordinances introduced on assessment districts. One for the FBOs-in the General Aviation Apron lots and the other for Redoubt {gay. I prefer to use an ordinance, even though it is not required, to clearly establish the forma- tion of the district. Please note that the hearing date will be sometime in the future as provided by the City Code. However, I believe this will clean up the formation of an assessment district. 6. Introduction of an ordinance transferring certain funds from contingency to the terminal to provide for alterations within the terminal for the hopefully agreed-upon new lessee of the cafe and lounge and for the relocation of the City offices to the other end of the terminal. I feel that the sum requested is well in excess of our needs; however, it gives us some flexibility. We will only proceed with necessary expenses on the office relocation. 1. tyTaiiaf—s7icpc�rt ��l.'L duly 29, 1977 Page 2 7. We have a resolution relative to roads and trails which rescinds the previous resolution on roads and trails and i allocates the federal LPW monies, the roads and trails monies and the City share of the entire project. The appendices listed in the resolution are not now available and I am waiting for engineering data from Wince-Corthell. We will attach it when we forward the resolution to the State. I have been in contact with the State and they have no objections to the project as proposed. 8. A resolution asking for transfer of funds within the Sewage Treatment Plant to provide for purchase of a chlorinator unit which will enable us to properly process the waste that is being treated within the plant. 0 9. Rids for Police Department cleaning. I will ask for a resolution at this time to reject the bids received. I feel that there was a misconception in that we asked for once a week cleaning and I believe the bids responded with a daily cleaning. Therefore, I believe they are far in excess of what we were expecting and, therefore, unreasonable. 10. We have a series of leases for approval. Lease of space -in the terminal for Hertz Rent -a -Car, the lease with the bonus bid to Andy's Flying Service for the lot within the General Aviation Apron and a lease to Brian and Nancy Peck for concession lots.* All appear to be in order. 11. We had a request this week for sale of City land adjacent to the access road to the boat ramp. This item will be placed on the agenda of tho Planning Commission for the next meeting and following their approval will be forwarded to the Council. It is interesting inasmuch as it would be the first development in that area and, since this is City land, it would be subject to appropriate sale if so agreed upon. 12. We have a proposal from "The Telephone Company", a private telephone firm, for providing a telephone system for the City, both in the torminal and in the public safety building. This would involve the City in making a purchase arrangement for some $7,000 for equipment and annual maintenance contracts. The interconnect charges to the telephone company, Glacier State, would remain essentially the same and, of course, toll charges would be billed to the City. There are some interesting aspects to the proposal. Hdwover, there are some problems in service and in possible difficulties between this firm and Glacier State. The synopsis of theproposal will be submitted to the Council Wednesday night and hopefully we will have some comments from Glacier State to add at that time. RZ CITY OF KENAI %0YY ( af2Y/iW!/ 44" P. O. BOX 580 UNAI, ALASKA 99611 Etr _.-_^ TELEPHONE 489 • 7535 7. July 28, 1977 TO: John D. Wise, City Manager FROM: Phillip Aber, Director of Public Works WEEKLY REPORT FOR WEEK ENDING JULY 29, 1977 LDA {Vater Well Proiect Over'the last week the contractors have painted the outside of Well House N2 aAd are finishing some minor caulking, painting, and touch up inside the building. Motorola is installing the antenna and alarm system at the well house and will soon be working on the receiving portion of this alarm system at our central dispatch in the Public Safety Building. Hopefully, we will be receiving our now pump and motor in the next couple of weeks. Once the pump arrives, it will be installed and we will begin checking out the controls, valves, piping, and etc. in our new well. After approximately one week, and depending on any start-upproblems, we will be able to put the now well on line and start the overhaul of Well A1. Note: The street crew has completed oiling most of the downtown streets and will soon be moving into the outlying areas on the heavily traveled streets. Along with the oiling of frontage road, the street crew has removed from two to three inches of silty material in front of the phone company and in front of the Junior High School. Gravel remaining under the original $2,000 purchase of gravel is being used to backfill these two areas. This project will come very close to exhausting our $2,000 gravel purchase. The water and sewer crew has been very busy this summer with inspections of new water and sewer service lines and with the repair and maintenance of our lift stations. They have also been helping the sewer treatment plant crew with the Imhoff 'Tank or chlorine contact chamber and other problems with the sewage treatment plant. _ __ •..'"?.,l.dsri.�.�: _ .. t -s . ,r _ - �.. ._.v.�,..--.—•,.—.,...:—.fi:�..r=.e.i� ..- _ i . Pifl KENAI PENINSULA BOROUGH AGENDA FOR THE REGULAR ASSEMBLY IfIiETING i Ll AUGUST 2, 1977; 7:30 P.M. BOROUGH ADMINISTTRRATION BUILDING SOLDOTNA, ALASKA 99669 ' - A G E N D A- ASSEMBLY A. CALL TO ORDER AND ROLL CALL McCloud 7.5 Mika 9 B. PLEDGE OF ALLEGIANCE AND/OR OPENING CEREMONY O'Connell 9 Oldow 7.S C. SEATING OF NEW ASSENIBLYMEMBERS Thomas 10.67 Branson 9 D. AGENDA APPROVAL Cooper 10' Corr 9 E. MINUTES: July 19, 1977 Crawford 4 Davis 9 F. ORDINANCE HEARINGS: Douglas Elson, Jim 10.66 j (a) Ord. 77-42 "An Ordinance Concerning Elson, JoAn 10.67 '. Rezoning Within the City of Kenai" Fields 9 (Valhalla Heights Sub, Part 2) Fischer 9 I McAllister it (b) Ord. 77-43 "An Ordinance Concerning Kezoning Within the Cit of Kenai" i (Highlands Sub, Block 4� (c) Ord. 77-44 "An Ordinance Establishing the Ottice of the Kenai Peninsula Borough Clerk" (d) Ord. 77-46 "An Ordinance Concerning Rezoning within the City of Seward" (Laubner Addn, Bik 10) (e) Ord. 77-47 "An Ordinance Amending section 3.04.290 of the Borough Code of Ordinances to Establish the Salary ' I Schedule for Employees of the Borough for the Fiscal Year 1977.78" I (f) Ord. 77-48 "An Ordinance Placing on the M lsallot At the Next General Election the Questions As to Whether the Municipal Officers of the Kenai Peninsula Borough E Shall Be Exempt From the Financial Dis- closure Law and From the Election Campaign Fund Disclosure Law" G. INTRODUCTION OF ORDINANCES: j (a) Ord. 77-49 "An Ordinance Concerning Rezoning Within the City of Seward" (Bayview Sub) - (b) Ord. 77-S2 "An Ordinance Concerning r Rezoning within the City of Kenai" (Jaynes Subl, Addn No. 2) (c) Ord. 77-•54 "An Ordinance Concerning Rezoning within the City of Soldotna" Heights, Corrected) - (Iris i F' i Ll r _v-s.�---- - - - •' - ---- - - -`- -- . '--iw��ai �u�i� u�� ii win �i i m G - KPB ASSEMBLY AGENDA FOR AUGUST 2, 1977 PAGE 2 H. PUBLIC PRESENTATIONS (a)' Mr. John Alden $ Mr. Miles Dean, The Telephone Co. (equipment proposal) (b) Judge James Hanson; Hockey Rinks I. COMMITTEE REPORTS (a) School Board (O'Connell, Corr, Fischer) b) Cook Inlet Air Resources Mgmt. Dist. (Branson, Davis) c) Office of Economic Development (Fischer) d) Sales Tax (Douglas, Cooper, Thomas) (e) Finance (Jim Elson, Mika, O'Connell, Oldow) (f) Roads F, Trails/Solid Waste (Branson, Crawford, McCloud, Douglas, Corr) J. MAYOR'S REPORT (a) Local Public Works K. SCHOOL CONSTRUCTION REPORT (a) Furniture 6 Equipment Lists for Seward High, Soldotna Elementary and KCHS (b) Capital Projects Bid Results (for meeting) (c) Res. 77-47 "A Resolution Authorizing Expenditure of rums trom the Unassigned Appropriation for Fiscal 1977-78 Capital Projects for School Ven- tilation Projects" and Memo 78-6 (d) Memo 78-9 Paving at Seward High School L. OTHER BUSINESS (a) Res. 77-48 "A Resolution Authorizing the Participa- tion of the Kenai Peninsula Borough Employees and Elected Officials in the Public Employees' Retire- ment System of Alaska" (with Minutes of Finance Comm) (b) Res. 77-49 "A Resolution Authorizing the Settlement of the Law Suit Between Burton Carver f, Co. and the Kenai Peninsula Borough Arising Out of the Award -of Contracts for the Operation of Borough Landfills at Seward, Homer and Seldovia in 1975" (c) Memo 78-10 Soldotna Landfill Bids Resolution to be provided at meeting) (d) Memo 78-7 Planning Commission Appointments (e) Memo 78-8 Appointment to Central Peninsula Hospital Service Area Board (f) Request for Waiver of Senior Citizen Time for Filing (Steve Zowistowski) (g) Tax Adjustment Requests (h) Letter Re: EDA Grant Offer, Ord. 77-20 t • F PA KPB ASSEMBLY AGENDA FOR AUGUST 2, 1977 PAGE 3 (i) Res. 77-50 "A Resolution Establishing Guidelines for the Allocation of Local Service Roads and Trails Funds to Cities Within the Borough Except Home Rule Cities" (j) Memo 78-11 Change Orders for the Borough Building Renovation (to be mailed separately) M. MAYOR AND ASSEMBLYMEMBERS: COMMENTS AND DISCUSSION N. PUBLIC PRESENTATIONS 0. INFORMATIONAL MATERIALS AND REPORTS (a) Minutes 1. School Board 7-6-77, Agenda for 8-1-77, Finance Report 7-20-77 2. Planning Commission 5-16-77 3. So. Kenai Peninsula Hospital SA 6-14, 6-22, 6-29 (b) Correspondence re: Hope land selection (c) Miscellaneous 1. US Dept. of Labor NEWS - 2. AML Bulletin 77-23 re: NLC Action Conference P. NEXT MEETING: August 16, 1977 N r— CITY OF KENAI ORDINANCE NO. 357-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT THE PAVING OF REDOUBT WAY IS NECESSARY AND WILL BENEFIT THE PROPERTY AFFECTED AND DIRECTING THAT THE CITY PROCEED WITH CONSTRUCTION OF THE IMPROVEMFNT . WHEREAS, Redoubt Way from Willow Street to the Kenai Mall is a well traveled access road in need of improvement, and WHEREAS, paving of Redoubt Way with appropriate drainage would provide benefit to all concerned property owners and the public. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: Upon direction of the Council, the City Manager has made a survey and report concerning the need for and estimated cost of paving and installing appropriate drainage for Redoubt Way, Willow Street to Kenai Shopping Mall, and has prepared a preliminary assessment roll. Such assessment roll has been on file with the City Clerk at least thirty (30) days prior to the public hearing on the necessity for the improvement. Section 2: Public hearing was held on "1977. Notices of such public hearing were sent and published as required by the Code of the City of Kenai. s Section 3: Protests filed with the City Clerk concerning the proposed improve- ment amount to less than the number required to stop the proposed improvement. Section 4: The Council hereby finds that the improvement is necessary and will benefit the properties in the proposed district. N ORDINANCE NO. 351-77, Page Two i = Section 5: The Council hereby directs that the City proceed with the proposed improvement. Costs estimated at $66,700 shall be apportioned as follows: Funded by Local Public Works monies not to exceed $20, 000 Funded by State of Alaska, Department of Environmental Conservation The remaining approximately $46,700 funded by proportioned assessment against benefitted properties: Alyeska Subdivision Lots 1, 2, 3, 4 and Etolin Subdivision Lots 5 and 6. Formula for apportionment shall be relative to square footage serviced. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of August, 1977. a I JAMBS A. ELSON, MAYOR ATTEST: i Sue C. Peter, City Clerk FIRST READING: August 3, 1977 SECOND READING: August 17 4 1977 i EFFECTIVE DATE: a i i August 10, 1977 TO: Honorable Mayor and City Council FROM: Jo se, City Manager SUBJECT: Redoubt Way (Willow Street to Mall) Proposed Assessment District CITY OF KENAI „a,Gl ea 124W al 4"„ P. O. BOX 580 KENAI, ALASKA 99611 TELEPHONE 283 • 7535 (1) There has been no formal petition for improvement of Redoubt Way from Willow Street to the Mall. However, letters were sent by the City Administration to all property owners, users, asking if they desired to participate in such an assessment project. Responses were basically verbal, expressing Interest but concern over cost. Basically, in favor were National Bank of Alaska, the Sheffield House and the Kenai Mall. No response was receivod from Union Oil. (2) The Council authorized funds for engineering the project in the Spring of 1877. An actual notice to proceed was not issued to the engineer until after availability of LPW funds was known and an allocation of $20, 000 of LPW funds was made to the project. ! (3) Costs on an individual basis are estimated at $68,200, including the preliminary engineering. Costs, however, if bid with and as a part of other road projects could be considerably less. (4) Seope.of the project is: a. Remove and replace unsuitable subgrade material. tb. Install a subsurface drainage system. a. Construct a forty foot paved roadway with barrier curb and gutter. (5) Recommend approval of Ordinance No. 357-77 providing for this project as it is deemed very desireable for the well being of the City and its commercial climate . i JW/eh Enclosures Ordinance No. 357-77 Sketch Map of Proposed Improvement District i 1 r �j r' t i PAVING REDOUBT WAY (WILLOW STREET TO KENAI MALL) APPROXIMATE AREA OF BENEFIT TO A MAXIMUM DEPTH OF 2S0 FEET Alveska Subdivision Lot 1 (043-200-1200) 22,500 sq. ft. Lot 2 043-200-1000) 19,350 sq. ft. Lot 3 043-200-1000) 23,250 sq. ft. - Lot 4 043-200-1900) 72,490 sq. ft. Lot 4 043-200-1800) 33,760 sq. ft. Etolin Subdivision Lot 5 (043-270-0500) 62,500 sq. ft. Lot 6 (043-270-0600) 52,500 sq. ft. Approximate Total: APPROXIMATE AREA OF BENEFIT TO A MAXIMUM DEPTH OF 200 FEET Alveska Subdivision Lot 1 (043-200-1200) Lot 2 (043-200-1100) Lot 3 (043-200-1000) Lot 4 (043-200-1900) ` Lot 4 (043-200-1800) f Etolin Subdivision Lot 5 (043-270-0500) Lot 6 (043-270-0600) Approximate Total: Estimated Assessable Cost: $48,200 250 ft. maximum depth: 16.9 cents per square foot 200 ft. maximum depth: 20.77 cents per square foot 286,350 sq. ft. 22,500 sq. ft. 19,350 sq. ft. 23,250 sq. ft. 53,000 sq. ft. 32,000 sq. ft. 40,000 sq. ft. 42,000 sq. ft. 232,100 sq. ft. i 4. 1 M I 1 .y CAI 4r-)'1�.�! .S -- "' �'� •----• • •••v%oa nrumoers shown in Ellipses - Assessor's Porcol Numbers Shown(---) Circles { i E kzj, I LVASI: OF AIRPORT LANiis crit rAc:11,1•rlla THIS ACRr•.l:alrNT, entered into this day of 19_, by and between the Ci't'y oF KENAI. a home -rule municipal corporation of Alaska, hereinafter called "City", and Tesoro Alaskan Petroleum Corporation - an Alaskan Corporation, 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 lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska; to wit: Office Space No. 10, (190 square fact), first floor, Terminal Building, Kenai Municipal Airport, as described In that certain deed from the USA to the City of Kenai filed In Book 270, Page 303, Kenai Recording District. Term: The term of this Lease is for 10 months, Wemx 27 days. commencing on the 4th day of August , 1977 , to the 30th day of June , 1978 , at the Rmnxxkxm04xc(*c monthly rentaf of $146.20. Payment: Subject to the terms of General Covenant No. 10 of this Lease, the rental specified herein shall be payable as follows: r (a) Right of entry and occupancy is authorized as of the 4th day of August ,1977 , and the first rent shall be computed from such date until ftnw*DAug • 31_7,7at the rate of 14.87 per day for 27 days, equals $131.55 now due, (b) Monthly rent OlaDx�jdlti�,11RI�tlixPt�i�ffFiiii�XPlfij>�2iii:ixi?i►(1i14i�x 98H8X09sholl be payable in advance, on or before the first clay 7F waTf of each tg8ttic,month . month (c) Rental for any period which is less than one (1)*= shall be prorated, based on the rate of the last full Woponth. (d) The rent specified herein is calculated as follows: '• 190 square feet at $ •78 per square foot peryM,month ' =x$cxxxxxxxxxxxxxPRKXJWV*x In addition to the rents specified above, subject to General Covenant No. 10, the Lessee agrees to pay to the City fees as hereinafter provided: (a) Assessments for public improvements now benefiting properly in the amount of $ n/a (b) Applicable taxes to leasehold interest or other aspects. (e) Sales Tax now enforced or levied in the future. (d) Lessee agrees to pay all assessments levied in the future by the City of Kenai. as if Lessee were considered legal owner of record of leased property. (e) Interest at the ,pato of eight percent (8%) per annum and ten pereent (10%) penalties on any amount of money owed under this Lease which its not paid on or before the date it becomes duo. (f) Additional charges at; sot forth in Schedule A, attached. Page One.. LEASH Revision 4/29/70 � I :1 - i e t, —'7T I "'- -- � � AIII All IIIIiI111111111iNi The purpose for which thio: Lease is issued is: Office space • R1iNl;RAI. COVENANTS 1. Uses: Except as provided herein, any regular use of lands or facilities without the written consent of the City is prohibited. This i prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas and streets. 'I 2. Uses Not Contemnlnte(1 Prohibited: Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise, other than as specifically sot forth herein, upon, in or above airport lands, without the written consent of the city is prohibited. 3. lmpoundintr of Pronerty, Any or all personal or real property ,. placed or used upon lands or in facilities in violation of prohibitions may be removed and/or impounded by the City, and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of 51.00 per day, or $5.00 per day in the case of each building or Poch stirernft in excess of 6,000 pounds gross weight, or in the case of any other kind of properly, all ansount not to exceed 55.00 per day, or in necordanc:e with such higher fees as may be incorporated into regulations of City's Airport. 4. Commitment for Rent and Tion -Assignment: I.os4oe agrees {o pay the annual rental and fees specified find not to assign this Lease or any part, nor let, nor sublet, either by grant or implication, the whole or any part of the premises without written consent of the City, which consent shall be obtained pursuant to the following procedure: (a) Submittal to, and approval of, proposed lease transfer by the Kenai Planning Commission. (b) After approval by the Trenai planning Commission, final approval of transfer by the City Council. Any assignment in violation of this orovinion shall be void, and shall be grounds for cancellation of this Lease by the City. S. Trontment of Demise: The Lessee agrees to keep the premises clean and in good order at its own expense, suffering' no strip or waste thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any sooner f determination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. B. Payment of Rent: Checks, bank drafts or postal money orders shall be made payable to the City of Kenai, and delivered to the City Administration Building, Kenai, Alaska. 7. Construction Approval and Standards: Building construction shall be neat and presentable and compatible with its use and surroundings. Prior to placing of fill material and/or construction of buildings on a 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. s� Initials: tt Lessee? Lessor: Pnfra Two. T.11,A.qV a....t"r„" A Mn Mn 1. S 1. F -I n u.. 1 11 1 1 1r .1 f '; ;I Llatii?1? { STATE OF ALASKA ) , esti. ;{ THIRD JUDICIAL DISTRICT ) On this,x tis day of a 1 i ! L+ �" , 19`7 7, Before we personally appeared M IG MAF. )_ V, ;=F1'` i . �_ , known to be the person who executed the above Lease and neknoivledKed thnl he (she) find the authority to sign the same, for the purpose; stated therein. NOTARY PURI,IC I'M ALASKA My Commission Expires: -oaa $ D { ACKNOWLEDGMENT FOR IMSBAND AND WIFF. 1 STATE OF ALASKA ) as. THIRD JUDICIAI, DISTRICT ) • M Before me, the undersigned, a Notary Public in and for the State i of Alaska, on this day personally appeared and . husband and wife, both known to be the persons whose nomea are subscribed to the foregoing Lure, and nchnowledged to me that they executed the some as their free and voluntury net and deed, and for the purposes and considerations therein exprcrsed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day Of i� I NOTARY PUBLIC FOR ALASKA { Aly Commission Expires: li I 1 1 I� (� r ,I f' li (i parse Nine, LFASE Revision 4/29/79 `� � r ---tea•✓..—._ REPORTS SURVEVS DESIGN SUPERVISION HAROLD H. GALLIETT. JR. REGISTERED CIVIL ENGINEER 22 July 1977 Mr. John E. Wise City Manager City of Kenai Box 580 Kenai, Alaska 99611 Subject: Second Notice, Unpaid Statement r 746 P STREET ANCHORAGE. ALASKA 99501 972.9212 279.8926 r� Dear Si r: This letter re -transmits my unpaid statement dated 20 May 1977, for -professional engineering services rendered in connection with "Water Supply & Distribution System Improvements - 1976", EDA Project No. 07-01-01684, for the period from February 20, 1977, through May 14, 1977. Very truly yours, Harold H. Galliett, Jr. , Registered Civil Engineer NG:mg Inclosure: Unpaid statement dated 20 May 1977 1Y� r� (VAP _.. I . n... 1.13IJ1_ 1 II li4l a flAN01-0 i'i. GALLIErT. JIB. REGi5TEffED CIVIL ENGUILE t 20 t,zy 1977 5a r+ i EY:; PC.Otfr auars;v�slaN Mr. John tt 1 se Ci ty llAnager 4 City of Kenai Box 580 Kenai, Alaska 99611 Subject: STATEMENT, Professional Engineering Services, Water Supply & Distribution System Improvements - 1976 EDA Project lJo. 07-01-01684 20 February 1977 Through 14 May 1977 748 r STACKT ANCHORACC4 ALASKA 00500 272.9212 279.3228 Dear Sir: This letter is my statement for professional engineering services rendered in connection with "Water Supply & Distribution System Improvements - 1976", EDA Project No. 01-01-01684, from February 20, 1971, through May 14, 1977. The engineering services which we have performed are autho- rized by our contract dated 2 October 1975, and the amendment thereto dated 11th Jane 1976. Our charges for BASIC SERVICES, in connection with the work described in paragrap; ~a. a -We- . above, under paragraph IV A of our contract, are as follows: 1. Time a. Principal En ineer Galliett, H. 103 firs. @.$40.00/Hr. $4,120.00 b- Englayees Galliett, H. 32 firs. 0 $20.00/11r. 640.00 -1- k- 2. Er j!cnses At Cost Xerox S 19.68 Postage fees 5.33 Transportation 94.00 Supplies 1.39 1`11 ]cage 12.90 Tel & Tolls 64.47 Parking fees 2.50 Meals 9.73 Ml scel l imeous 309.00 Expenses Prorated In Accordance With Engineer's Flours On Job 3. Total Timer & Expenses, BASIC SERVICES Our charges for SPECIAL SERVICES in conned under paragraph IV B of our contract, are as fo' 1. Tipie a. Principal Engineer Gul'liet:t, H. b.(1) CO - 7 9 Hrs. b. 2. CO -6 2 " C. Well Screen 3 " 14 Hrs. @ $40.00/Hr. b. Emplwe Gil l ieti., M. b.i8 CO - 1 BR Rev. 2 Hrs. b. 2. CO -4 -IN 1 to b. 3) CO - 6 - IN 1 it c. Well Screen 2 it d. Drilling - 2_.--1$ _- 8 1lrs. @ $20.00/Hr. -2- 2. E:xi,enses At Cos t Al;,ska Test Lab $586.70 Xerox 47.52 Postage fees 2.99 Transportation 150.00 Supplies .57 Mileage 2.50 Parking fees 3.00 Miscellaneous 42.00 Expenses Prorated In Accordance With Engineer's Hours On Job 835.28 3, iotas Time & Expenses, SPECIAL SERVICES $1,555.28 The distribution of our charges for time and expenses through May 14, 1977, is as follows: a. BASIC SERVICES 1. Contract Amount $98,686,00 2. Less Previous Payments: aj $ • 42,318.00 bj 27,544.46 c - 71192.13 (d) Total, Previous - 77,054:59 Payments For BASIC SERVICES 3. Current Contract $21,831.41 Balance For BASIC SERVICES 4. Less Current Earnings - 5,279.00 For BASIC SERVICES 5. Pending BASIC SERVICES Contract Balance M552.41 ..3_ b. SPFCIAL SCRVICES I 1. ContracL Amount $36,900.00 2. Less Previous Payments: a' $ - 4,301.00 b - 13,772.23 c - 200.00 d. - 9,231.56 (e) Total, Previous - 27,505.09 Payments For SPECIAL SERVICES 3. Current Contract $ 9,394.91 Balance For SPECIAL SERVICES 4. Less Current - 1,555.28 Earnings For SPECIAL SERVICES 5. Pending SPECIAL SERVICES1,839.63. Contract Ralance fngineerint) costs versus estimated progress under our eng1w-e ring contract has been as follows: a. Contract Amount $135,786.00 b. Cost Through Mby 14, 1977 X111,393.96. c. Current Contract Balance $24,392.04 d. Current Cast/Contract Amount 82% e. Estimated Progress of Engineering 900 PAYMENT REQUESTED ------------------------------ $6,834.28 Very truly yours, Harold H. Gal liett, Jr., Registered Civil Engineer Hf.: nig -4- X. I • i CITY Ol: KUNAI i The following bids were received for the Janitorial Contract Bid/Kenai Police Department and opened at 10:00 a.m., Monday, July 25, 1977. Paul A. Fischer - Box 784 - Soldotna, Alaska 99669 368/por month 4,416/per year .16/per square foot Tim's Janitorial Service - Box 5 - Kenai, Alaska 99611 1402.66/per month 4,831.92/per year $.18/square foot Panoramic Janitorial Service (Patricia DeBusschere & Robin Nyce) - Box 3.822 - Soldotna, Ak. $693.70/month $8,324.40/year $3.72/per square foot/per year I scp F a 11 CITY OF KENAI ti P. O. BOX $00 KENAI, ALASKA 99611 TELEPHONE 203 • 7535 July 28, 1977 J TO: John E. Wise, City Manager FROM: Charlene Graves, Parks and Recreation Director It This report is to let you know what has been done in the Parks and Recreation Department from July 18th to August-lst in each designated area. Parks I. Kenai Municipal Ball Park 1.' Policed area (trash pickup, restrooms, maintained) once a week. , 2. Fields mowed once a week. 3. Repaired fence on the outside of the ball park. 4. Painted interior and exterior of dug -outs at old Oiler Field. r 5. Cleaned dug -outs and repaired dug -out steps. k. 6. Painted interior of concession stand (walls/trim). 7. Repaired bleachers. - S. Added a step to concession stand stairs and painted the steps as well. II. Kenai Municipal Campgrounds 1. Policed area once a week. ' 2. Replaced aluminum roofing on look -out shelter. III. Dust Bowl 1. Policed area once a week. 2. Painted trash cans green (1). t 1: i v 1 ' 3. Painted benches (2) . i i �I It F July 28, 1977 Page 2 IV. FAA Field a 1. Painted concession stand (exterior). i M 2. Painted storage shed. i t 3. Painted goal posts. i_ 9. Policed area once a week. 5. Mowed fields (2). V. Beaver Creek 1. Policed area once a week. 2. Repaired swing set. 3. Placed a picnic table in the area. VI. Cunningham Park 1. Policed area. ' 2. Painted garbage cans. 3. Placed a picnic table in the area. i VII. Birch Drive 1. Policed area once a week. ` 2. Painted entrance sign. VIII. Beach 1. Policed area. *All 7 outhouse units were cleaned and pumped out by Kenai Pumping on Jyly 25-26, 1977. Recreation 1. Regular program sheduled 10:00 - 7:00 (M -F). - -, 2. Recreation round -up advertised in Peninsula Clarion (July 26) r and held on July 28th - 29th from 10:00 - 12:00. 3. Universal Gym, weight room, and multi-purpose room cleaned and maintained regularly. ►� 4 i a ` M i t