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HomeMy WebLinkAbout1977-03-16 Council PacketKenai City Council Meeting Packet March 16, 1977 R i COUNCIL MEETING OF MARY -P 19 I477 - Agan Two j ACKERLY �� ' �� 'I �I �;� q l �i AMBARIAN WHELAN �' I �� l �( ►U , '� l t �� "I y ' I MORGAN L� `/ �'V (iLICK % t C �N y SWEET •i i I AC-KA_Bi it AMBARIAN WHELAN MORGAN GLICK SWEET ELSON COUNCIL MEETING OF ngARr" 16, 1977 hi .� �� ,. I M REGULAR MITTING - KENAI CITY COUNCIL MARCH 16. 1977 - 7.00 P.P1. KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE PAGF AWOURNbIFNT - LAND SALE • RECONVENE - S. 00 P.M. - REGULAR .MEETING A. ROLL CALL AGENDA APPROVAL Do PUBLIC HEARIKGS 1. Ordinance No. 328-77 - Charter Amendment. Special Assessments 2. Ordinance No. 329-77 - neclaring FAA Building 6107 Surplus 2 So Renewal of Beverage Dispensary License - Rainbow Tier a Grill 3 4. Renewal of Beverage Dispensary License - Kenai Joe's 3 So Renewal of Beverage Dispensary License - Pre -Flight Room 3 6. Renewal of Beverage Dispensary License - Harbor View 4 C. PERSONS PRESENT SCHFDULED TO BF HEART) 1. 2. Do MINUTES 1. lithtutes of the regular meeting of Mfnrch 2.1977 4 So CORRESPONDENCE 1. Salvation Amy - Peninsula Corps 4 2. So 4. F. OLD BUSINESS Lease Agreement - Kenai 4 J. Old Library Building 5 2. Payment to Engineer - FDA water Project Vo. 07-01-01684 So O. NEW BUSINESS 1. Bills to be paid - bills to be ratified 5 2. Ordinance No. 330-77 - Kenai Water Supply & Slater Shed Protection 5 S. Ordinance No. 331-77 - Special Revenue Fund entitled "Airport Master Plan" 5 4. Ordinance No. 332-77 - Increasing Estimated Revenues & Appropriations/Airport Land 5. Resolution No. 77-27 - Amending Kenai Municipal District Zone Code 6 8. Resolution No. 77-26 - Waiving Interest & Extending Period of Deferment 7 To Resolution No. 77-29 - Authorizing Refunds to Certain Property Owners 8 So Resolution No. 77-30 - Addition to Sr. Citizen Nutritional Program 0 9. Resolution No. 77-31 - Contract/Airpnr0laster Plan Study 0 10. Resolution No. 77-32 - Forest Drive Slater Line Project 0 It. Resolution No. 77-33 - donation to Kenai Community Library 12. Addendum to AAI Lease - Car Rental Service 13. Resolution 77-34 - Senior Citizen Budget Program 14. Resolution 77-35 - Limit Tort Liability of ?Iunicipalftles to 15. Resolution 77-30 - Step 91 Roweragre Treatinent Study Application to 16. Resolution 77-37 - Execute Stop 016 Step 02/Rowernge Planning Study 10 17. Lease of Airport Leads or Facilities - Andy's Flying Service II 30. Payment Estimate 05 - Interstate Construction Is 19. Periodic Estimate #6 - Brown Construction Company 12 20. No REPORTO • 1. City Manager's Report 12 2. City Attorney's Report is S. Mayor's Report is 4. City Clark's Report 13 5. Finance Director's Report 14 So Planning 6 Zoning Commission's Report 15 To Kenai Peninsula Borough Assembly's Report is 1. PERSONS PRESENT NOT SCHRI)ULED TO BE BEARD ADJOURNMFNT I M KENAI CITY COUNCIL - REGULAR MEETING r-' MARCH 16, 1977 - 8: 00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR JAMES A. ELSON PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Tom Ackerly, Edward Ambarian, Dan Whelan, Richard Morgan, Betty Glick and James Elson Absent: Walter Sweet AGENDA APPROVAL The following items were approved for addition to the agenda: 0-13: Resolution No. 77-34 - Senior Citizen Program Budget 0-14: Resolution No. 77-35 - Limit Tort Liability of Municipalities G-15: Resolution No. 77-36 - Step #1 Sewerage Treatment Study Application 0-16: Resolution No. 77-37 - Execute Step #1 & Step #2/Sewerage Planning Study 0-17: Lease of Airport Lands or Facilities - Andy's Flying Service G-18: Payment Estimate #5 - Interstate Construction 0-19: Periodic Estimate #6 - Brown Construction Company B. PUBLIC HEARINGS B-1: Ordinance No. 328-77 - Charter Amendment, Special Asssessments Mayor Elson read Ordinance No. 328-77 by title only."An ordinance of the Council of the City of Kenai, Alaska, providing for the submission of charter amendments concerning special assessments to the qualified voters of the City at a special election to be held , 1977.11 Mayor Elson opened the hearing to the public. Mrs. Ruby Coyle - Mrs. Coyle objected to the ordinance as she felt it was not in compliance with Title 29. Also Mrs. Coyle objected to Section 6-4 as there was already a Section 6-4 contained in the charter. Janis Williams, City Attorney, advised that the ordinance could be amended to reflect the addition of a new Section 6-5 and further advised that Section 6-4 was amended in an election held November 4, 1969. There being no further comment from the public, Mayor Elson returned the hearing to the Council table for action. '!l�ax+t➢6ili8ilal=B1S@I MI II,JA ,II a T1 -- - -- ', KENAI CITY COUNCIL, REGULAR MEETING, MARCH 16, 1977 Page 2 Councilman Morgan stated that the intent of this ordinance was to provide the capability for forming assessment districts this coming construction season, however, H this was not feasible with regard to bond sales, perhaps the City should postpone the charter amendments until the regular election this fall. Mr. Wise advised that the City could give no. assurance that the bonds could be sold. Mayor Elson stated that he felt there was a significant factor that has not carried the emphasis it should with regard to the intent behind proposing this charter change. Mayor Elson further stated that in the past taxes have continued to rise due to Improve- ments the City has had to make within the City and because of the 25% limitation, those property owners who do not benefit from the improvements have had to help carry the burden. Mayor Elson stated he felt that this ordinance will alleviate the general tax payer from carrying the burden of the costs. Mayor Elson stated that the only question that really remains is does this change require a special election -- the Council should look at the long range view. Mayor Elson stated that H the City is to have any additional Improvements, it was his opinion that the 25% limitation requirements be relaxed. Council had considerable discussion with regard to the water/sewer fund and whether or not it was self-supporting. Finance Director Kinney advised that the Special Assess - went Fund owed the General Fund over $100,000. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of r Ordinance No. 328-77, providing for the submission of Charter amendments concerning special assessments to the qualified voters of the City at a special election, as amended Including Sections 6-5 and 7-4 and the date of such election to be held May 17, 1977. R Motion passed unanimously by roll call vote. B-2: Ordinance No. 329-77 - Declaring FAA Building 007 Surplus Mayor Elson read Ordinance No. 329-77 by title only as copies were available for the public. "An ordinance of the Council of the City of Kenai, Alaska, declaring FAA � Building No. 107 surplus and directing that it be sold at public auction." s Mayor Elson opened the hearing to the public. There was no public input, therefore, the hearing was returned to the Council table. MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, for adoption of Ordinance No. 329-77 declaring FAA Building No. 107 surplus and directing that it be sold at public auction. Motion passed unanimously by roil call vote. k. N KENAI CITY COUNCIL, REGULAR MEETING, MARCH 16. 1977 Page 3 B-3: Renewal of Beverage Dispensary License - Rainbow Bar & Grill Administration advised that the Rainbow Bar & Grill were delinquent in their sales ' tax in the amount of $12.882, delinquent in personal property taxes and 1977 personal j property not filed as of this date. t Mayor Elson opened the hearing to the public. There was no comment. MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, that the Council of the City of Kenai request that the Alcoholic Beverage Control Board withhold issuance of renewal of license for beverage dispensary for the Rainbow Bar & Grill until all taxes are current. Motion passed unanimously by roll call vote. B-4: Renewal of Beverage Dispensary License - Kenai Joe's Administration advised that sales taxes were delinquent in the amount of $6,930, Personal Property taxes were delinquent and not filed for 1977 and City assessments In the amount of $255.39 were also delinquent for Kenai Joe's. Mayor Elson opened the hearing to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, that the Council of the City of Kenai request the Alcoholic Beverage Control Board to withhold issuance of renewal of license for beverage dispensary for Kenai Joe's until all taxes are current. Motion passed unanimously by roll call vote. B-5: Renewal of Beverage Dispensary License - Pre -Flight Room Administration advised that all taxes were current for the Pre -Flight Room. Mayor Elson opened the hearing to the public. There was no public input. MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, that the Council of the City of Kenai request the Alcoholic Beverage Control Board to withhold issuance of renewal of beverage dispensary license for the Pre -Flight Room as they refuse to pay the current lease rate as set by City ordinance. Motion passed by roll call vote. Voting yes; Ackerly, Ambarian, Morgan, Glick and Elson. Voting no; Whelan. i' .j s KENAI CITY COUNCIL, REGULAR MEETING, MARCH 16, 1977 3 Page 4 B-6: Renewal of Beverage Dispensary License -Harbor View Administration advised that all taxes, payments to the City, etc. were current for the Harbor View. Mayor Elson opened the hearing to the public. There was no comment. There was no objection to the issuance of beverage dispensary license to the Harbor view. C , PERSONS PRESENT SCHEDULED TO BE HEART} None D. MINUTES D-1: Minutes of the regular meeting of March 2, 1877 The minutes were approved as distributed E. CORRESPONDENCE E-1: Salvation Army Mayor Elson acknowledged receipt of a letter from the Salvation Army thanking the City Council for their consideration in the matter of lease of the old library building. E-2: Mayor Elson advised that he had received a copy of a "Profile Study of five Kenai Peninsula Cities" and this copy would be available at the Clerk's office. F. OLD BUSINESS F-1: Lease Agreement - Old Kenai Library Building Councilman Morgan questioned the term of lease in that it was for only one year. Mr. Wise advised that the Historical Society had requested a short term lease so that they would not be bound to a lengthy lease in the event their organization ran into problems with the rental of the building. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for approval of lease to the Kenai Historical Society for building located on Lot S, Block 17, Original Townsite of Kenai, which formerly housed the Kenai Community Library for a term of one year at the annual rental rate of $1.00. kJ Motion passed unanimously by roll call vote. i E LE J i 4 KENAI CITY COUNCIL, REGULAR MEETING, MARCH 16, 1977 Page 5 F-2: Payment to Engineer - EDA Water Project No. 07-01-01684 MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, for approval of of payment to Harold H. Galliett, Jr, for professional engineering services on EDA Project No. 07-01-01684 in the amount of $16,423.99. i Councilman Morgan stated that he objected very strongly that the Change Orders went so far without Council approval -- feel City should pay the engineer for time spent but Council should have the opportunity to make all future decisions concerning ' the changes prior to expenditure of monies involving engineering time, etc. Motion passed unanimously by roll call vote. a. NEW BUSINESS 0-1: Bills to be paid - bills to be ratified MOTION: Councilman Whelan moved, seconded by Couneilman Morgan, for approval of bills to be paid and bills to be ratified as listed 3/16/77. Motion passed unanimously by roll call vote. 0-2: Ordinance No. 330-77 - Kenai Water Supply a Water Shed Protection Mayor Elson read Ordinance No. 330-77 by title only. "An ordinance of the Council of the City of Kenai, Alaska, regarding water supply and water shed protection and providing for enforcement of the ordinance outside the City limits". I Mayor Elson advised that this ordinance differed from the first ordinance with regard to the same subject in that it provides for notice to the City rather than permission from the City. MOTION: Councilman Aiorgan moved, seconded by Councilman Whelan, for introduction of Ordinance No. 330-77, regarding water supply and water shed protection and providing for enforcement of the ordinance outside the City limits. Motion passed unanimously by roll call vote. _ G-3: Ordinance No. $31-77 - Special Revenue Fund Entitled "Airport Master Plan" Mayor Elson read Ordinance No. 331-77 by title only as copies were available for the public. "An ordinance of the Council of the City of Kenai, Alaska, establishing a + special revenue fund entitled "Airport Master Plan" and by increasing estimated revenues 1 and appropriations in the amount of $123,159." f � A •%. 1 KENAI CITY COUNCIL, REGULAR MELTING, MARCH 16, 1977 Page 6 MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, for introduction of Ordinance No. 331-77, establishing a special revenue fund entitled "Airport Blaster Plan" and by increasing estimated revenues and appropriations in the amount of $123,159. Motion passed unanimously by roll call vote. 0-4: Ordinance No. 332-77 - Increasing Estimated Revenue a Appropriations/Airport Land Mayor Elson read Ordinance No. 332-77 by title only as copies were available for the public. "An ordinance of the Council of the City of Kenai. Alaska, increasing estimated revenues and appropriations in the Airport Land Fund in the amount of $3,010 for the purpose of repairing the overhead doors in the warm storage facility." Mr. Wise advised that the overhead doors in the warm storage facility had been damaged and no funds were provided for their repair in the budget -- thus the reason for the ordinance. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, for introduction of Ordinance No. 332-77, increasing estimated revenues and appropriations in the Airport Land Fund in the amount of $3, 010 for tho purpose of repairing the overhead doors in the warm storage facility. Motion passed unanimously by roll call vote. Q-5: Resolution No. 77-27 - Amending Kenai Municipal District Zone Code Mayor Elson read Resolution No. 77-27 by title only as copies were available for the public. "A resolution of the Council of the City of Kenai, Alaska, recommending amendment of the Kenai Municipal District Zoning Code, Chapter 21.76, Kenai Peninsula Borough Code of Ordinances." Mr. Wise advised that the Kenai Advisory Planning & Zoning Commission had recommended these changes be made and the most significant change was that the ordinance be amended to include that there would be single family dwellings exclusive within rural residential and suburban residential zones. Mayor Elson reminded Council that passage of this resolution would not mean actual change in the zoning but merely that the matter be brought before the Borough for consideration. MOTION: Councilwoman Glick moved, seconded by Councilman Morgan, for adoption of Resolution No. 77-27, recommending amendment of the Kenai Municipal District 40 Zoning Code, Chapter 21.76, Kenai Peninsula Borough Code of Ordinances. KENAI CITY COUNCIL, REGULAR MEETING, MARCH 16, 1977 Page 7 Councilman Ambarian suggested that consideration be given to make the language clearer with regard to 2-1/2 stories or 35 feet references for contractors building within the City. QUESTION: Motion passed by roll call vote. Voting you; Ackerly, Whelan, (click, Morgan and Elson. Voting no; Ambarian. G-6: Resolution No. 77-28 - Waiving Interest & P,xtending Period of Deferment Mayor Elson read Resolution No. 77-28 by title only. "A resolution of the Council of the City of Kenai, Alaska, waiving interest in a deferred assessment and extending the period of deferment." Councilman Ambarian questioned the legality of not presenting this matter at a public hearing? City Attorney Williams stated that in order to grant the Parson's requests in regard to deferred assessments, an ordinance would be required because in effect the Council would be exempting them from the provisions as specified in Ordinance No. 314-76. MOTION: Councilman Ambarian moved that Resolution No. 77-28 be introduced as an ordinance at the next meeting of the Kenai City Council. Motion died for lack of second. Councilman Whelan asked the City Attorney's opinion as to the question which arises by the letter sent to the Parsons by prior Administration. City Attorney Williams stated that Administration has no authority other than that delegated by Council and, therefore, is unable to bind the Council to any commitments without their approval. Councilman Morgan stated that he did not agree with the resolution nor Ordinance 314-76 as the letter from the Parsons was not presented to Council at passage of the ordinance. Councilman Morgan further commented that he felt the City had a moral obligation to persons having been given special commitments from City Administration, and perhaps a similar resolution could be drafted including that after the deferred period, interest would be charged and at such time that the property is subdivided, the assessments would be due and payable. Also, Councilman Morgan objected to the reference in the resolution "Parsons family" as he felt the reference should be limited to Ruth and/or Hedley Parsons only. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, to table Resolution No. 77-26 and Administration be so instructed to return with an ordinance that would affect the large property owners. Q- Motion passed unanimously. I J i-�fiu in_--.w!�nA.!lallJl�i a F H r -- U KENAI CITY COUNCIL. REGULAR MEETING, MARCH 16, 1977 Page 8 0-7: Resolution No. 77-29 - Authorizing Refunds to Certain Property Owners Mayor Elson read Resolution No. 77-29 by title only. "A resolution of the Council of the City of Kenai, Alaska, authorizing refunds to certain property owners in the 1973 assessment districts." Mr. Wise requested that this resolution be tabled as he has received comments that Kenai Property Owners may initiate further proceedings against the City and, therefore, this resolution may be pre -mature. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, to table Resolution No. 77-29, authorizing refunds to certain property owners. Motion passed by roll call vote. Voting yes; Ackerly, Whelan, Morgan, Glick and Elson. Voting no; Ambarian. Q-8: Resolution No. 77-30 - Addition to Sr. Citizen Nutritional Program Mayor Elson read Resolution No. 77-30 by title only. "A resolution of the Council of the City of Kenai, Alaska, providing for a "Meal on Wheels" addition to the Senior Citizen Nutritional Program." Mr. Wise advised that funds were available to provide this service to those senior citizens who are housebound. MOTION: Councilman Whelan moved, seconded by Councilwoman Glick, for adoption of Resolution No. 77-30, providing for a "Meal on Wheels" addition to the Senior Citizen Nutritional Program. Motion passed unanimously by roil call vote. G-9: Resolution No. 77-31 - Contract/Airport Master Plan Study Mayor Elson read Resolution No. 77-31 by title only. "A resolution of the Council of the City of Kenai, Alaska, providing for a contract to execute the Airport Master Plan study." MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, for adoption of Resolution No. 77-31, providing for a contract to execute the Airport Master Plan Study. Motion passed unanimously by roll call vote. 11 L if KENAI CITY COUNCIL, REGULAR MELTING, MARCH 16, 1977 G-10: Resolution No. 77-32 - Forest Drive Water Line Project -- ----�- r --E . _ 01 l WIR01 4 1111 111 Page 9 Mayor Elson read Resolution No. 77-32 by title only. " A resolution of the Council of the City of Kenai, Alaska, authorizing the acceptance of the amended grant on the Forest Drive Water Line Project in the amount of $105,334." MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, for adoption of Resolution No. 77-32, authorizing the acceptance of the amended grant on the Forest Drive Water Line Project in the amount of $105,334. Motion passed unanimously by roll call vote. 0-11: Resolution No. 77-33 - Donation to Kenai Community Library Mayor Elson read Resolution No. 77-33 by title only. "A resolution of the Council of the City of Kenai, Alaska, accepting the donation of a 3-A7 Microfiche Reader to the Kenai Community Library from the Kenai Lions Club. MOTION: Councilman Ackerly moved, seconded by Councilwoman Glick, for adoption of Resolution No. 77-33, accepting the donation of a 3-M Microfiche Reader to the Kenai Community Library from the Kenai Lions Club. Motion passed unanimously by roll call vote. 0-12: Addendum to AAI Lease - Car Rental Service Administration advised that this lease would authorize AAI to operate a car rental business in which the City would receive 10% of the gross receipts on rental transactions and 13% of gross receipts from the sale of personal accident insurance. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for approval of addendum to Alaska Aeronautical Industries, Inc. lease dated February 1, 1977 _ to allow AAI to operate National Car Rental Agency in the Airport Terminal Building. I Motion passed unanimously by roll call vote. 0-13: Resolution No. 77-34 - Senior Citizen Budget Program Mayor Elson read Resolution No. 77-34 by title only. "A resolution of the Council of the City of Kenai, Alaska, approving the attached Senior Citizens Program Budget and authorizing the City Manager to apply in behalf of the City for State and Federal Assistance to implement the program." 1 d- r_ P FA KENAI CITY COUNCIL, REGULAR MEETING, MARCH 16, 1977 r '.. � -� � -r rte' • Page 10 MOTION: Councilwoman Glick moved, seconded by Councilman Whelan, that the City *98nager 9 is hereby authorized and directed to submit an application to the State of Alaska for Title III and Title VII, Senior Citizen Programs, in the gross amount of $171,098 and that a 25% share of Title III and a 1091, share of Title VII shall be funded by the City in support of this program benefitting the Greater Kenai Area. Motion passed unanimously by roll call vote. 0-14: Resolution No. 77-35 - Limit Tort Liability of Municipalities Mayor Elson read Resolution No. 77-35 by title only. "A resolution of the Council of the City of Kenai, Alaska, petitioning the Kenai Peninsula Legislative Delegation to sponsor and enact legislation to limit tort liability of the municipalities". Mr. Wise advised that recent State Supreme Court decisions have held municipalities liable for failure to fully exercise and implement inspection procedures which threatens the legal liability of each municipality. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for adoption of Resolution No. 77-35, petitioning the Kenai Peninsula Legislative Delegation to sponsor and enact legislation to limit tort liability of the municipalities. Motion passed unanimously by roll call vote. 0-15: Resolution No. 77-36 - Step #'. Sewerage Treatment Study Application Mayor Elson read Resolution No. 77-36 by title only. " A resolution of the council of the City of Kenai, Alaska, authorizing and directing the City *Tanager to make application for a Step 01 Sewerage Treatment Study." MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, for adoption of Resolution No. 77-36, authorizing the City Manager to make application to the RPA for a Step #1 Sewerage Planning Grant in the amount of $82,640, and execute the necessary grant agreements and other documents as required. Motion passed unanimously by roll call vote. (1-16: Resolution No. 77-37 - Fxecute Step #1 & Step #2/Sewerage Planning Study Mayor Elson read Resolution No. 77-37 by title only. "A resolution of the Council of the City of Kenai, Alaska, for a contract to execute a Step #1 Sewerage Planning Grant and a Step #2 Grant application." i j KENAI CITY COUNCIL, REGULAR MEETING, MARCH 16, 1977 Page 11 i1 MOTION: f councilman Morgan moved, seconded by Councilman Whelan, for adoption of Resolution No. 77-37, for approval of a contract to execute a Step #1 Sewerage Planning Grant and a Step 02 grant application. Motion passed unanimously by roll call vote. ' 0-17: Lease of Airport Lands or Facilities - Andy's Flying Service Mr. Wise advised that this lease to Andy's Flying Service was for I.ot 4, Rlock 5, General Aviation Apron, for a term of 55 years at the annual rental of 11,166.50 and was to be utilized as aircraft tie -downs, aircraft maintenance and machine i shop and office building. Councilwoman Glick advised Council that two applications for Lot 4, Block 5, were submitted to the Planning Commission simultaneously, however, it was brought to Councilwoman Glick's attention that perhaps Mr. Udelhoven's application may be of more benefit to the City as his proposed building is of considerable higher value than Mr. Diamond's and Mr. Udelhoven states that he would begin construction Immediately. kz�) i Councilman Ambarian stated that he felt past City policy was to consider the first application submitted and he had been advised that Mr. Diamond's application had been received at City Nall prior to Mr. Udelhoven's. Councilman Whelan stated that if applications are received within the same time frame, the City should favorably consider the most advantageous. With Council concurrence, Mayor Elson asked that both Mr. Udelhoven and Mr. Diamond advise the Council of the intent of their application to lease Lot 4. Mr. Udelhoven - stated that his business would make use of the access to the street for customers as well as the taxiway in the rear. Also, Mr. Udelhoven did state that his application was discussed but not considered by the Planning Commission. Mr. Diamond - advised that as a present lessee of airport lands, his business was rapidly expanding and there was increasing need for additional space. Also, Mr. Diamond stated that his machine shop and office would require street access as well as availability to the taxiway. Councilman Morgan stated that he believed that the Council's obligation is to do what is in the best interest of the City and at the completion of the Airport Planning Study, additional lands would be available for lease. Therefore, Councilman Morgan stated he would have to vote against the lease to Andy's Flying Service as Mr. Udelhoven's proposed facility would be more beneficial to the City. KENAI CITY COUNCIL, REGULAR MEETING, MARCH 16, 1977 Page 12 Councilman Ambarian stated that as Andy's Flying Service was currently leasing land ij from the City and has been doing' so for many years and consequently the City should feel some obligation to assist in the expansion of this individual's businesses. MOTION: r Councilman Ambarian moved, seconded by Councilman Ackerly, for approval of lease of Lot 4, Block 5. General Aviation Apron, for a term of 55 years at an annual rental rate of $1,166.50 to Andy's Flying Service. Motion failed by roll call vote. Voting no; Whelan, Morgan. Glick and Flson. Voting yes; Ackerly and Ambarian. 0-18: Payment Estimate #5 - Interstate Company MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, for approval of Periodic Estimate No. 5, Interstate Company, Inc. in the amount of $24,885 for EDA Water Project No. 07-01-01684. Motion passed unanimously by roll call vote. 0-19: Periodic Estimate No. 6 - Brown Construction Company MOTION: Councilwoman Glick moved, seconded by Councilman Whelan, for approval of Periodic Estimate No. 6, to Brown Construction Co., Inc. in the amount of $50,130.41 for EDA Water Project No. 07-01-01684. Motion passed unanimously by roll call vote. H. REPORTS H-1: City Manager's Report (8) (b) (c) Sealand Lease -- payment in full was received by the City of Kenai this date for assessments owing the City on leased land. Structure adjacent to Old Library Building -- will have a proposal at the next meeting regarding removal of the structure attached to the Old Library Building. Ad hoc Committee - Mr. Wise requested an Ad hoc committee to negotiate with interested parties for lease of the airport cafe and bar. Mayor Elson appointed Councilmen Ambarian, Whelan and Ackerly. I KENAI CITY COUNCIL, REGULAR MEETING, MARCH 16, 1977 Page 13 k - MAYOR & COUNCIL - QUESTIONS AND COMMENTS ' Councilman Whelan inquired as to the status of the Kenai Baptist Temple and was advised by City Attorney Williams that the appeal was proceeding but due to the Court system, the matter was progressing very slowly. Councilman Morgan stated he felt that the City may be open to criticism if the City did not go to bid on the removal of the structure attached to the Old Library Building. Mr. Wise advised that Administration was just initially exploring the feasibility and estimated costs, etc. Council directed Administration to advertise in a local newspaper also. Councilman Ambarian stated that a boat had been parked at the City dock for some time and requested that Administration investigate the matter and contact the owner to have it removed. Councilman Ackerly suggested a lease application procedure be established by the City. Mr. Wise stated that an amendment could be made to the lease of City owned lands ordinance could be made establishing lease application procedures. Council unanimously requested the lease application procedure be included on a future work session agenda. H-2: City Attornev's Report None H-3: Mayor's Report j (a) Mayor Elson advised that he would be travelling to Juneau on Thursday and would be meeting with local legislators, etc. (b) Mayor Elson also advised that it was necessary for the City to send out letters to r audit firms requesting proposals for the up -coming annual audit. The following firms were selected: Peat, Marwick, Mitchell & Co., Arthur Young, Price -Waterhouse and Coopers & Lybrand. H-4: City Clerk's Report Clerk Sue Peter requested Council take action on the land sale held prior to the meeting and ratify same by resolution. - MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for adoption of Resolution No. 77-38 confirming the sale of Lot 31, Section 6, T 5N , RI1W , SDI, ` to Glen J. Kipp/Kenai Electric for the price of $8,100. 00. Motion passed unanimously by roll call vote. k - F - 1 KENAI CITY COUNCIL. REGULAR MEETING, MARCH 16. 1977 Page 14 MOTION: Councilman Morgan moved, seconded by Councilman Whelan, for adoption of Resolution No. 77-39 confirming the sale of I.ot 21, Block 2, Black -Gold Estates to Panoramic Incorporated (Mr. William Schweitzer) for the price of $5,000.00. Motion passed unanimously by roll call vote. MOTION: Councilman Ackerry moved, seconded by Councilman Ambarian. for adoption of Resolution No. 77-40 confirming the sale of Lots 6-19, 35-40, Block 10, C. F. Ahlstrom Subdivision to John W. Platt for the price of $15,100. Motion passed unanimously by roll call vote. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Resolution No. 77-41 confirming the sale of Lot 13, Block 16, Original Townsite of Kenai to the American Legion for the price of $9,200. Motion passed unanimously by roll call vote. MOTION: Councilman Ambarian moved, seconded by Councilwoman thick, for adoption of Resolution No. 77-42 confirming the sale of Lot 126, Section 31, TON, R11W, SM to Aaron S. Sarks for the price of $9,400. Motion passed unanimously by roll call vote. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, for adoption of Resolution No. 77-43 confirming the sale of Lot 1, Block 4, Highland Subdivision, to Panoramic Incorporated for the price of $1,900. Motion passed unanimously by roll call vote. MOTION: Councilman Ackerly moved seconded by Councilwoman Glick, for adoption of Resolution No. 77-44 confirming the sale of Lot 30, north of Kenai Road, Section 33, TV, R11W, SM to Edwin R. Lowry for the price of $1,520. Motion passed unanimously by roll call vote. I 7 i KENAI CITY COUNCIL, REGULAR MEETING, MARCN 16, 1977 Page 15 H-5: Finance Director's Report Finance Dircctor Ross Kinney advised that he had been asked to attend a Chamber of Commerce luncheon and sit on a panel with regard to sales tax -- Mr. Kinney stated his comments would reflect his own thoughts but would also advise what the City has done thus far. Mr. Kinney also reported that the City received $259,000 in sales taxes in the first quarter of the year. The finance department has been taking strict action on the accounts receivables and are demanding payments or cutting off service. Councilmen Whelan and Ackerly commended the finance department on its early submittal of the financial statements. H-6: Planning & Zoning Commission's Report Councilwoman Glick reported that the Kenai Advisory Commission held a public hearing on PZ Resolution No. 77-3. Also, the Commission reviewed a lease application for Cook Inlet Industrial Air Park which was tabled as the Commission felt the particular lot in question was not being put to its best use. The Commission also reviewed a subdivision preliminary plat. H-7: Kenai Peninsula Borough Assembly's Report Mayor Elson reported briefly on the Assembly's meeting of March 15, 1977. 0 QUESTIONS: City Manager Wise asked Council concurrence for write the Borough to find out why Nikiski received CETA funds and why the City of Kenai is not eligible to receive funding. Council so concurred. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I-1: Mrs. Ruby Coyle Mrs. Coyle inquired as to the process of getting an opinion from the Attorney General as to how Title 29 applies to Home Rule Cities. Mayor Elson advised that this request would have to be made through a State agency or a Legislator. There being no further business to be brought before the Council of the City of Kenai, - -- - Mayor Elson adjourned the meeting at 12: 00 midnight. Respectfully submitted, / Sue C. Peter, City Clerk g 1 is CITY MANAGER'S REPORT - i is ADMINISTRATION - FINANCE 1. Ordinance 328-77 This is the Charter amendment relative to special assessments. As requested by the Council, additional language has been prepared relative to a prigr approval of the property owners before the actual enactment of creating an assessment district and providing for a bonding. This language, I believe, will meet the objections raised by the Council. It must be noted, however, that this does not necessarily mean that a large property owner would be able to preclude or stop an assessment district. He simply may be outvoted, in essence, by the other affected properties. Therefore, the deferrment problem is still with us. I draw attention to this in particular, to later correspondence in this report and on the agenda in regard to a resolution in reference to the Parson Homestead assessments. 2. Ordinance 329-77 This declares the FAA Building #107 surplus and provides for its sale. This is the American Legion building. It should be expected that the American Legion may ask for some modification in terms, relative to the 90% and 3 days to complete the contract. ! 3. Beverage Dispensary Licenses We have four (4) beverage dispensary licenses up for renewal; the Rainbow Bar 6 drill, Kenai Joe's, Pre -Flight Room and the harbor View. Data as to taxes will be presented to the Council at the night of the meeting. 4. Lease - Historical society The lease for the Historical society will be included in this package for your perusal. It essentially calls for a token lease rate, where the City would continue to provide insurance for the building. However, maintenance and utilities would be the responsibility of the Historical Society. 5. Gfalliett Payment The Galliett bill will be on the agenda for Council action. It is expected that we will discuss this, however; either tonight at the Council meeting with Mr. Galliett or Monday night at the work session. I i _ --- - — - -- - .. -- — -- ------loll] II City Man;ager's Report - #14 March 16, 1977 Page 2 6. Resolution - Watershed This will be Ordinance 330-77, relating to the water supply and watershed protection. This ordinance provides for the requirement that any application for water rights must provide a certified, true copy to the City, under penalty. This will enable the City to be assured that we can file our comments with the State and draw their attention to the fact that this is the City watershed and we must be considered, not only in our current but also future needs, in providing a potable water supply for the City. This, I feel, is a more rational approach than interfering with the possible oil exploration or individuals seeking water. 7. Ordinance 331-77 This ordinance will provide the funding for the Airport Master Plan. This will accept the State/Federal funds and set up a special account so that we can pay those bills as they come due. 8. Resolution - Airport Consultants This will be a resolution approving a contract with our Airport Consultants, which needs to be finalized at this time. 9. Resolution - Sewage Planning Grant Study This resolution will not be included in this package, inasmuch as it is being drafted this morning. It will provide for a Step 1 Sewage Planning Grant Study to encompass the City system and certain surrounding territories. We have been informed by the Borough that the Borough will participate in this study, inasmuch as we are serving Wildwood and we should study, at least, the area to our North, abutting Wildwood and the City, to see if it is logical for us to extend our service into that area at some future date and at the property owners costs. 10. Resolution - Parsons Homestead This is a resolution relative to the Parsons Homestead. It provides for a waiver of the ordinance reference to deferrments, in regard to their particular situation. The petition that they have filed to the City is attached and attached to this Administrative Report are comments by the City Attorney and Finance nirector. . You will note that the resolution is drafted into three (3) parts; first, deferred area, and the second part relates to the non -deferred portion or first 330 feet which the administration does not concurr in the waiver of interest in that area. The third part simply is a standard policy and since they mention it in their petition, we should comment on it. I City Manager's Report - 014 March 16, 1977 Page 3 11. Resolution - Assessment Refunds This is a resolution providing for assessment refunds, in accordance with the legal suit against the City by the Kenai Property Owners Association and the Council action directing the administration to develop data on reassessment + relative to the Charter provision. Certain properties are due refunds inasmuch as they had paid their assessments in full at the time of the reevaluation. To disperse these monies, we, of course, need a Council resolution approving such dispersement. At this time, however, because we have been informed that there are still considerable antagonism to the action that has been taken. it is suggested that the Council acknowledge this resolution, but table it until such time as we are assured that there will be no further legal action. The reason for this is that, in the event of additional legal action, these reductions may be disallowed and would be then very difficult to reinstitute the assessments against these properties. Therefore, again, the administration recommends that this resolution be acknowledged by the Council but tabled at this time. 9 I 12. Resolution -Rezoning This is a resolution requesting rezoning in accordance with the recommendations of the Advisory Planning and Zoning Commission of the City of Kenai. As explained in the last administrative report, the essentials are: The elimination, as principal uses, all but single family dwellings in the Rural, Suburban Residential Zones. However, it does provide for conditional use permits for multi -family dwellings, up to four family units. Otherprovisions are additional parking requirements and an enlargement of the parking space required (from 180 to 200). 13. Kenai Baptist Temple I have had a negotiating session with Mr. Larrabee from the Kenai Baptist Temple, wherein I presented a request for not only an acknowledgement by consent order of the legal rights of the laity, but also a cash settlement of $1, 200.00 for legal fees and $92.00 for legal costs and M, 500.00 for violation of the ordinance. This $1,500.00 is broken out to 55.00 a day for 300 days. On presentation, Mr. Larrabee simply said that it was unacceptable and that they would pursue in their court action. In essence, there was no negotiation and, in fact, we've heard nothing further of their sale of the property in question. 14. OSHA Inspection In relation to the OSHA inspection which we had last year, I finally have received the cost data as to the corrections which were required to have r l F i City Manager's Report - #14 F March 16, 1977 Page 4 been made to comply with that inspection. They arae essentially a little over $1,300.00. Ise were, again, fortunate that no cash penalty was imposed by the State for our six (6) deficiencies. 15. Sealand Payments I was visited this week by Charles Ogle, representing Seeland Incorporated, and he requested the actual cost data relative to the assessments on Lot 6, 7, and S. Block 2 in the Industrial Air Park and for payment of the appropriate lease rate for Lot 6, through the end of this month. The data totaled up to some $5,400.00 and it is expected that we will receive a full settlement of that sum. 16. Old City Hall Building As you will no doubt recall, the Historical Society made mention of that structure, the addition to the Old City Hall building, be removed. We've Investigated the problems relative to that structure and find none. As best we can determine, it is not really structurally connected to the building nor is it interwoven with utilities. Wesley Meeks, son of Roger Wleeks. has contacted me relative to removing the structure at no cost to the City, which may be in the best interests of the City and I would recommend its approval in that it will save us a great deal of time. effort and trouble, as well as permit the structure to be properly turned over to the Historical Society upon execution of the lease for that building. 17. FAA Lands That section of the FAA lands south of the Spur Highway, adjReent to the Beaver Loop Road (between R . Loop Road and Walker Lane) , has, of course, been the prime subject of discussion for rezoning from Residential to Commercial. Dick Swain, who is a representative of Mrs. Schmidt in her pursuance of a lease for a motel, has informed me that the FAA has agreed to release that particular section of FAA lands, upon presentation of a request by the City. I have therefore requested the surveying firm of Malone Surveryors to prepare the perimeter metes and bounds so that we can file an appropriate resolution with the FAA for an appropriate release of that land. At this time, I also have the staff working on a brief description of that tract, identifying boundaries, utilities and, with a sketch map attached. An approriate cover letter will be distributed to major activities within the State, including banks and real estate firms, to try to ascertain contemplated uses for the land. On receipt of any proposals, then we should, with the Planning Commission and the Council, decide on further details as to easements, and problems relating to the lay of the land. With an appraiser, we should try to determine the way the land should be subdivided. This, I think, will City Manager's Report - #14 March 16, 1977 Page 5 enable us to properly develop the land and to gain maximum benefit from the land for the City and the Airport land Fund. I have a rough estimate that this land could be worth, as a net to the land fund, $50-60,000.00 a year. This is with no investment by the land fund, other than the surveying costs. 18. National Car Rental Lease We will have, on the agenda, an addendum for a lease to AAI, which will provide for their operation of a National Rent -a -Car franchise in the airport terminal. 19. City Dock and Lands Lease There have been several applications for lease of the land behind the dock, however, there is a condition in the patent from RLM to the City in reference to the use of the land; that the City must maintain control of the land at all times. If this condition is not met, then the land would revert back to the Federal government. Because the City has now had four (4) applications for lease of the land and nock, the Harbor Commission has directed that I contact the Secretary of the Interior and ask for permission to lease the land, without having the provisionary clause invoked. Wo have received an answer from BLM saying that the lease is permitted, however, we must "maintain control". Jan is now reviewing the act to determine what that particular phrase means. I proposed to Aon Tewksbury, by letter, that upon legal review by Jan, there should be a meeting of the Harbor Commission and several applicants. At this meeting, Jan should brief and present her understanding of the terms and conditions of the ALM clause provision. Further, that following the briefing, the applicants should be encouraged to resubmit their applications to ensure that they comply with the provisions of the patent. Following this, the fTarbor Commission would review the four applicants to determine which of them has the best benefits to the Community. 20. Senior Citizens Nutritional Program A resolution relative to expanding the Senior Citizens Nutritional Program to provide "meals on wheels" function is included in your packet. We do have those Senior Citizens who are house -bound and physically unable to attend the noon meals at Fort Kenay. It would be desirable, and we are equipped, to provide such service; however, we need Council approval to provide such an expanded program and further, there would be a delivery costf which would have to be assumed by the Program. This resolution relates to both the implementation of the Program and to amend the contract with the Mormon Church to affect such program. I would like to draw your attention to the fact that there will be a discussion of the Senior Citizen Budget for the next fiscal year, which we must forward to Juneau prior to March 31, 1977; therefore, the details of this program and the extent of the committment that the Council is entering into will be more fully discussed on Monday evening. A(IF NnA REGULAR PIFFTIN6 -- KENAI CITY enUNCIL MARCH 10, 1977 - 7: 00 P.M. KENAI PUBLIC SAFETY 11111,DIM0 PLEDGE OF ALLEGIANCE. ADJOURNMENT - LAND RALE. RECONVENE - 8: 00 P.M. - RFGVLAR SLEETING A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance No. 328-77 - Charter Amendment, Special Assessments 2. Ordinance No. 329-77 - neeiaring FAA Ruilding 0107 Surplus S. Renewal of Beverage Dispensary License - Rainbow Bar a (frill 4. Renewal of Beverage Dispensary License - Kenai Joe's 5. Renewal of Beverage Dispensary License - Pre -Flight Room G. Renewal of Beverage dispensary License - Harbor View C. PERSONS PRFSF14T SCHEDULED TO RF "PART) 1. 2. D. MINUTES 1. Minutes of the regular meeting of P+nreh 2, 1977 E. CORRESPONDP.NCF, 1. Salvation Army - Peninsula Corps 2. 3. 4. F. OLD BUSINESS J. Lease Agreement - Old Kenai Library Building 2. Payment to Engineer - FDA water Project We. 07-01-01884 S. 0. NEW BUSINESS 1. Bina to be paid - bills to be ratified 2. Ordinance No. 330-77 - Kenai Water Supply A tester Shed Protection 3. Ordinance No. 331-77 - Special Revenue Fund entitled "Airport Master Plan" 4. Ordinance No. 332-77 - increasing Estimated Revenues a Appropriations/Airport Land 5. Resolution No. 77-27 - Amending Kenai PTunicipal District Zone Code S. Resolution No. 77-28 - Waiving interest a Extending Period of Deferment 7. Resolution No. 77-29 - Authorizing Refunds to Certain Property Owners 8. Resolution No. 77-30 - Addition to Sr. Citizen Nutritional Program 9. Resolution No. 77-31- Contract/Airport Master Plan Study 10. Resolution No. 77-32 - Forest Drive Water Line Project 11. Resolution No. 77-33 - donation to Kenai Community Library 12. Addendum to AAI Leese - Car Rental Service 13. 14. 15. H. REPORTS 1. City Manager's Report 2. City Attorney's Report S. Mayor's Report 4. City Clerk's Report 5. Finance Director's Report 8. Planning a Zoning Commission's Report 7. Kenai Peninsula Borough Assembly's Report I. PERSONS PRESENT NOT SCHEDULED TO RE HEARD ADJOURNMENT I I 1 MEMORANDUM TO: Honorable Mayor a City Council FROM: Sue Peter, City Clerk DATE: March 15, 1977 SUBJECT: ADDITIONS TO AGENDA OF 3-16-77 The following items are being presented for your consideration to be added to the agenda of March 16, 1977: G-13: Resolution 77-34 - Senior Citizen Program Budget Q-14: Resolution 77-35 - Limit Tort Liability of Municipalities 0-15: Resolution 77-36 - Step #1 Sewerage Treatment Study Application G-16: Resolution 77-37 - Execute Step #1 & Step #2/Sewerage Planning Study G-17: Lease of Airport Lands or Facilities - Andy's Flying Service G-18: Payment Estimate #5 - Interstate Construction G-19: Periodic Estimate #6 - Brown Construction Company CC: City Manager City Attorney Finance Director Public Works Director Chief of Police CITY OF KENAI ORDINANCE NO. 328-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDI FOR THE SUBMISSION OF CHARTER AMENDMENTS CONCERNING SPECIAL AS MENTB TO THE QUALIFIED VOTERS OF THE CITY AT A SPECIAL ELECTION T HELD �� .1977. WHEREAS, the City has experienced difficulty in equitably apportioning the costs of local improvements financed in part by the City because of the provis contained in Section 7-3 of the City Charter which limits the amount of the assessment on a parcel to the fair market valuation of the parcel plus the cost of the improvement, and WHEREAS, State statute which provides that installments on special assessma may not exceed the assessed valuation limits on assessment to a reasonable amount but does not in effect prohibit the fair apportionment of assessment as does the current charter provision, and WHEREAS, there is no provision in the Charter which allows the issuance of special assessment bonds without the ratification by the voters, and WHEREAS, by virtue of the aforementioned Charter provisions, the City to virtually unable at the present time to form assessment districts to provide local improvements to its citizens, and WHEREAS, a special election will be required to allow an opportunity for these Charter amendments to become effective before the 1977 construction season. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, as follows: Section 1: That the Council hereby calls a special election which shall be held , 1977, for the sole purpose of the submission of the proposition set out in Section 2 hereunder. Section 2: That the following proposition shall be submitted to the qualified voters of the City of Kenai at the special election called herein above in substantially the same form as is set out hereinafter: A f ORDINANCE NO. 328-77, Page Two I ------ -- ---------- PROPOSITION The last sentence of Section 7-3 of the Charter of the City of Kenai reads as follows: "No special assessment shall be levied by the City government against any property in excess of 25% of the fair cash market value of the property after giving effect to the benefit accruing thereto from the work or action for which assessed." Shall such sentence be amended to read as follows? The Council shall provide for payment of special assessments either in one sum or in yearly installments. No yearly installment may exceed 25% of the assessed value of the property affected. And, Section 7-4 of the Charter of the City of Kenai reads as follows: Protests Section 7-4: "If written protests as to the necessity for any public improvement are made by the owners of benefitted real property which would bear fifty percent or more of the estimated cost of the Improvement, the improvement shall not proceed until the protests have been reduced so that the property of those still protesting shall not bear fifty percent of the said estimated cost, except upon approval of the Council by a vote of at least six members." Shall Section 7-4 be amended to read in its entirety as follows: Protests Section 7-4: The City shall not proceed with any public Improvement for which a special assessment district is to be formed until it has received written approval to proceed from the owners of properties bearing 50% or more of the estimated cost of the improvement. I I r (I kJ ORDINANCE NO. 328-77. Page Three And, shall a new Section 6-4 be added to the Charter of the City of Kenai which shall read in its entirety as follows? SPECIAL ASSESSMENT BONDS Section 6-4: The City shall have the power to borrow money to pay all or part of the cost of local improvements in special assessment districts and to issue special assessment bonds or other evidences of indebtedness, therefor, the principal and interest of which are payable solely out of the special assessment levied against the property to be benefitted by the improvements. Such special assessment bonds shall be authorized by the Council by ordinance and no ratification by the voters of the City shall be required. The property benefitted may be pledged by the Council to secure a payment. YES NO Section 3: The three amendments proposed hereinabove are so inter -related that they should be approved or rejected together and therefore, should be voted upon as one proposition as provided hereinabove. PASSED by the Council of the City of Kenai, Alaska this day of , 1977. ATTEST: Sue C. Peter, City Clerk DAMES A. ELSON , MAYOR FIRST READING: February 18. 1977 SECOND READING: March 2, 1977 THIRD READING: March 16, 1977 EFFECTIVE DATE: I"Ak -PIP Ital-WOI I AlIIIV 11111111 11,1111 CITY OF KENAI ORDINANCE NO. 329-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING FAA BUILDING NO. 107 SURPLUS AND DIRECTING THAT IT BE SOLD AT PUBLIC If AUCTION. WHEREAS, American Legion Post #20 is currently occupying Building #107 i in the FAA Housing area, and WHEREAS, the American Legion has requested purchase of the building for removal to another location, and WHEREAS, it is the intention of the Council that all buildings i; eventually be cleared from the old FAA Housing area so that the land may be used for other purposes, and WHEREAS, sale of surplus materials of the City must be by competitive bid. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai that: Section is Building #107 in the old FAA Housing area is hereby declared surplus. Section 2: The Council hereby directs that Building #107 be sold with the condition that the buyer removes it from the site at which it is now located within 90 days of purchase at purchaser's expense. The land is to be restored 'to its natural contour to blend i in with the surrounding area and all holes are to be backfilled and loose material removed also at purchaser's expense. Such sale shall be by public auction on April 6, 1977 at 8:00 p.m. with the minimum acceptable bid to be $7,500.00. Successful bidder shall be required ` to deposit 908 of the bid with the City at the time of the auction f with the balance due within three days. Advertisement of the auction shall be made at least once in a newspaper of general circulation within the City. I PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of March, 1977. JAMES A. ELSON, MAYOR ATTESTS Sue C. Peter, City Clerk FIRST READING: March 2, 1977 SECOND READING: March 16, 1977 EFFECTIVE DATE: P0 CITY OF KENAI MEMORANDUM TO: Honorable Mayor & City Council FROM: Sue Peter, City Clerk 1 DATE: March 11, 1977 i SUBJECT: RENEWAL OF BEVERAGE DISPENSARY LICENSES The disposition of the applicants is as follows: B-3: RAINBOW BAR & GRILL; Harry L. & Barbara R. Axson; Main Street & Overland Streets, Kenai - Delinquent sales taxes in the amount of $12,882. Delinquent Personal Property Taxes -- 1977 not filed as of this date. B-4: KENAI JOE'S= Harry L. Axson, Jack L. Conright & Elsie Cresswell, Peninsula & Broad Streets, Kenai. Delinquent sales tax in the amount of $6,930. Delinquent Personal Property Taxes - 1977 not filed as of this date. City assessments delinquent in the amount of $255.39. B -5s PRE-FLIGHT ROOM; Kenai Terminal Enterprises, Inc., Kenai, Alaska -- Current. B -6s HARBOR VIEW, INC., Peninsula Avenue, Kenai -- Current r 1 f I shall check with the Borough Tax office Wednesday prior to the E meeting to get an up -date on the Rainbow Bar & Grill and Kenai Joe's. I AGENDA REGULAR hICETING - KENAI CITY COUNCIL ! I 1 ' i >-I .i i ! i KENAI PUBLIC SAFETY BUILDING AGENDA I REGULAR hICETING - KENAI CITY COUNCIL MARCH 2. 1977 - 9: 00 P.M. KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE PAGE. A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance No. 327-77 - Amending Kenai Municipal Airport Regulations I S. Ordinance No. 328-77 - Charter Amendment, Special Assessments 1 3. Renewal of Beverage Dispensary License - Pard Corporation d/b/a Rig Bar 3 4. C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. 2. D. MINUTES 1. Minutes of the regular meeting of February 10. 1977 3 E. CORRESPONDENCE 1. Community d Regional Affairs 3 2. Kenai PhZ Resolution No. 77-3 4 3. 4. F. OLD BUSINESS I. Disposition of Old Library Building 4 2. Resolution No. 77-20 - Awarding of Survey of FAA lands to McLane Surveying 5 G. NEW BUSINESS 1. Bills to be paid - bills to be ratified 5 2. Ordinance No. 320-77 - Declaring FAA Building 0107 Surplus 5 3. Resolution No. 77-21 - Purchase of 1977 Police Car a 4. Resolution No. 77-22 - HB 131 - Freedom of Public Information 8 5. Resolution No. 77-23 -Disbursement of $9,800 to U.S. Environ. Protection Agency 7 6. Resolution No. 77-24 - Traffic Safety Bureau Grant 7 7. Resolution No. 77-25 - Statement of Assurances - Entitlement Period Eight 7 S. Payment to Engineer - EDA Water Well Project 07-01-01684 8 0. Resolution No. 77-26 - Accepting Airport Master Planning Grant 8 10. Lease of Airport Lands or Facilities - Alaska Bussell Electric 9 a. 12. 13. 14. i H. REPORTS 1. City Manager's Report 0 2. City Attorney's Report 9 S. Mayor's Report 10 4. City Clerk's Report 10 5. Finance Director's Report 10 6. Planning t, Zoning Commission's Report 10 T. Kenai Peninsula Borough Assembly's Report R I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. 2. ADJOURNMENT 11 I ur+�wnr-- KENAI CITY COUNCIL - REGULAR MEETING f MARCH 2 , 1977 - 8: 00 P.M. KENAI PUBLIC SAFETY BUILDING } MAYOR JAMES A. ELSON PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Betty Glick, Tom Ackerly, Edward Ambarian, Dan Whelan, Richard Morgan, Walter Sweet and James Elson Absent: None AGENDA APPROVAL Administration requested Council approval for the addition of the following items to the agenda: G-9: Resolution No. 77-26 - Accepting Airport Master Planning Grant 0-10: Lease of Airport Lands or Facilities - Alaska Bussell Electric B. PUBLIC HEARINGS B-1: Ordinance No. 327-77 - Amending Kenai Municipal Airport Regulations Mayor Elson read Ordinance No. 327-77 by title only as copies were available for the public. "An ordinance of the Council of the City of Kenai, Alaska, amending the 1976 Kenai Municipal Airport Regulations". Mayor Elson opened the hearing to the public. There was no public comment. MOTION: Councilman Morgan moved, seconded by Councilwoman Glick, for adoption of Ordinance No. 327-77, amending Section 8.090 of the 1976 Kenai Municipal Airport Regulations. Motion passed unanimously by roll call vote with Councilman Sweet not present for voting. B-2: Ordinance No. 328-77 - Charter Amendment - Special Assessments Mayor Elson read Ordinance No. 328-77 by title only as copies were available for the public. "An ordinance of the Council of the City of Kenai, Alaska, providing for the submission of Charter amendments concerning special assessments to the qualified voters of the City at a special election to be held Tuesday, May 10, 1977." Mayor Elson opened the hearing to the public. 1 I r KENAI CITY COUNCIL, REGULAR MEETING, MARCH 2, 1977 r _ r 'N Page 2 Mr. and Mrs. Waldo Coyle - Mayor Elson read a letter received from Mr. and Mrs. Coyle in which they opposed the charter changes in that they felt the proposed chansfe would be in violation of State Law and illegal in the Coyle's opinion. i Mr. Chester Cone - Mr. Cone expressed concern for the large property owners and inquired as to the possibility of deferral of assessments. City Attorney Williams advised Mr. Cone that a deferral could be possible, however, the problem lies in the cash flow situation and in payment of the bonds. Mr. Robert Jackson - Mr. Jackson spoke in opposition of the ordinance as he stated he felt that the City is not in compliance with State statutes. Councilman Sweet spoke with regard to the large property owner in that the proposed ordinance would not affect the larger parcels of land -- the impact and change would be on the smaller unimproved land parcels. City Attorney Williams advised that with regard to Title 29, these particular 1 provisions do not apply to Home Rule cities in reference to Mr. Jackson's comments that the City was not in compliance with State Statutes. Mayor Elson commented in that the proposed ordinance would provide that the large property owners would not be carrying such a heavy tax load, but that it would then be also borne by the smaller land owners. Councilman Whelan questioned whether or not the Council should be making piece- meal changes on the Charter or should Council appoint a Commission who would review and up -date the entire Charter. Councilman Morgan stated that he felt the changes thus far were just up -dating what procedures were already in effect and a Commission would take at least a year to up -date and review the entire Charter. E Mr. Hedley Parsons - Mr. Parsons stated that property owners along his side of the road would be subject to great expense as the sewer lines ran along the +. opposite side of the road -- Mr. Parsons further stated that he was not ready to hook up to City utilities and felt it was the responsibility of the City to stub off ,i utilities for future hook up by the property owners. li I; There being no further public input, Mayor Elson brought the hearing back to the Council table. r I; MOTION: j; Councilman Ambarian moved, seconded by Councilman Sweet, for adoption of Ordinance No. 328-77, providing for the submission of Charter amendments con- cerning special assessments to the qualified voters of the City at a special election to be held Tuesday, May 10, 1977. KENAI CITY COUNCIL, REGULAR MEETING, MARCH 2, 1977 Page 3 :i ' Councilman Morgan stated that if the City did not have the money to finance improve- ments throughout the Ci the special election would then not be necessary. ,• g City, p R4r. Wise advised that the City would proceed with the sale of bonds at the appropriate time. T 3� i Councilman Morgan stated he felt a need for Council and the City to protect the people -- in that forming an assessment district should require a request from the majority of the land owners who will bear the majority of the costs. Councilman Morgan stated he would like to see the ordinance tabled until the City Attorney could revise the ordinance to reflect some of the changes suggested by Council. Also, Councilman Morgan further stated that he felt the two propositions are not inter- related and should be presented to the voters as separate issues. MOTION: Councilman Morgan moved, seconded by Councilman Whelan, to table Ordinance No. 328-77 until the next regular meeting of the Council so that Administration and the Legal Department can revise the wording of the ordinance with the additional requirement that a petition of over 50% of the land owners who are paying the majority of the costs for the assessment district would be required for presentation to the City and Council. Motion passed unanimously by roll call vote. B-3: Renewal of Beverage Dispensary License - Pard Corporation d/b/a Rig Bar Mayor Elson opened the hearing to the public. There was no comment. Council unanimously agreed to file no objection to the renewal of beverage dispensary license for Pard Corporation d/b/a Rig Bar. C . PERSONS PRESENT SCHEDULED TO BE HEARD C-1: Mayor Lorraine Knight - City of Soldotna Mayor Elson extended a warm welcome to Mayor Lorraine Knight of the City of Soldotna. D. MINUTES D-1: Minutes of the regular meeting of February 16, 1977 Councilman Morgan requested rewording of the motion under item B-3, page two. The minutes of the regular meeting of February 16, 1977, were approved as amended. E. E-1: Community & Regional Affairs Mayor Elson acknowledged receipt of a letter from Community & Regional Affairs k-) f� KENAI CITY COUNCIL, REGULAR MEETING, MARCH 2, 1977 Page 4 in which payment in the amount of $106,511 was received by the City representing final payment of the current year entitlement under the program of State Aid to Local Governments. E-2: Kenai Planning a Zoning Commission Resolution 77-3 Mayor Elson acknowledged receipt of P&Z Resolution 77-3 amending the Kenai zoning ordinance. F. OLD BUSINESS F-1: Di osition of Old Library Building Mayor Elson opened the meeting to the public, for their comment and input, regarding the utilization and disposition of the old Kenai Library building. Lt. Craig Fanning - Salvation Army -- Lt. Fanning came before Council to request their consideration in the leasing of the old library building to the Salvation Army for use as their welfare office and other related activities. Mr. Roger Meeks - Mr. Meeks, representing the Historical Society, requested use of the facility for community activities in which the Historical Society would be responsible for the building. Mrs. Jetret Peterson - Mrs. Peterson advised the Council that the original intent of the old library building and property was that it was to be kept for community purposes. Mrs. Peterson also advised that the State Historical Society had selected Kenai as the site of their annual meeting to be held November 4, 5, and 6. Councilman Morgan stated that when the Civic League turned over the building to the City with the intent that the building strictly remain for use as a civic type of facility and in his opinion, the Historical Society would comply more closely with the original intent. Mrs. Peterson suggested that the Salvation Army might use the facility for meetings and services. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, that the City of Kenai proceed with lease arrangements with the Kenai Historical Society for the old library building and the terms of such lease to be agreed upon at the next regular meeting of the Council. Motion passed unanimously with Councilman Sweet abstaining because of conflict of interest. 11 11. 1 _J k. KENAI CITY COUNCIL, REGULAR MEETING, MARCH 2, 1977 Page 5 F-2: Resolution No. 77-20 - Awarding of Survey of FAA Lands to McLane Surveying Mayor Elson read Resolution No. 77-20 by title only as copies were available to the public. "A resolution of the Council of the City of Kenai, Alaska, awarding the survey of FAA lands to McLane Surveying". Councilman Morgan stated that he felt that two bids should not have been sought -- Administration should have negotiated with a firm within the City. Councilman Ambarian stated he felt that as both firms were reputable, they should be given equal consideration. MOTION: Councilman Morgan moved, seconded by Councilman Ackerly, for adoption of of Resolution No. 77-20, amending all references from McLane Surveying to Malone Surveying and deleting the last three "Whereas" paragraphs. Motion passed by roll call vote. Voting yes; Glick, Ackerly, Whelan, Morgan and Elson. Voting no; Ambarian and Sweet. 0. NEW BUSINESS Gl-1: Bills to be paid - bills to be ratified Administration recommended approval of the bills as listed. Finance Director Ross Kinney requested Council to include a wire transfer in the amount of $150, 000 to Seattle -First National Bank made March 2, 1977. MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for approval of bills to be paid and bills to be ratified as listed 3-2-77 and with the addition of the wire transfer in the amount of $150,000 to Seattle -First National Bank. Motion passed unanimously by roll call vote. 0-2: Ordinance No. 329-77 - Declaring FAA Building #107 Surplus Mayor Elson read Ordinance No. 329-77 by title only as copies were available for the public. "An ordinance of the Council of the City of Kenai, Alaska declaring FAA Building #107 surplus and directing that it be sold at public auction." MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for introduction of Ordinance No. 329-77, declaring FAA Building #107 surplus and directing that it be sold at public auction and amending such ordinance to include ".......buyer removes it from the site at which it is now located within 90 days at the purchaser's expense." and ".....Successful bidder shall be required to deposit 90% of the bid with the City at the time of the auction with the balance due within three days." I r KENAI CITY COUNCIL, REGULAR MEETING, MARCH 2, 1877 Page 6 Motion passed unanimously by roll call vote. 0-3: Resolution No. 77-21 - Purchase of 1977 Police Car Mayor Elson read Resolution No. 77-21 by title only. "A resolution of the Council of the City of Kenai, Alaska awarding a contract for the purchase of a 1877 police car". MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for adoption of Resolution No. 77-21, awarding the contract for a 1977 police car to Hutchings Chevrolet, Inc. in the amount of $5,000. MOTION - AMENDMENT Councilman Morgan moved, seconded by Councilman Ackerly, to amend the motion to award the contract for a 1977 police car to Alaska Chrysler, Inc. in the amount of $6,211. 83. Councilman Morgan stated he amended the motion because he felt some consideration should be given to local distributors. Councilman Ambarian stated that the City has experienced some maintenance problems with Chrysler products. Councilman Sweet stated that the City should not subsidize inefficiency -- the Council was looking at two comparable businesses that are competing on an equal basis. Councilman Whelan stated that the City must take into consideration the distance to take the vehicle in for maintenance. Also, Councilman Whelan advised that a policy with regard to giving priority to local vendors, etc. could be included in a fiscal ordinance. QUESTION - AMENDMENT Motion passed by roll call vote. Voting yes; Glick, Ackerly, Whelan and Morgan. Voting no; Ambarien, Sweet and Elson. QUESTION - MAIN MOTION AS AMENDED Motion passed by roll call vote. Voting yes; Glick, Ackerly, Whelan and Morgan. Voting no; Ambarian, Sweet and Elson. 0-4: Resolution No. 77-22 - HB 131 - Freedom of Public Information Mayor Elson read Resolution No. 77-22 by title only. "A resolution of the Council of the City of Kenai, Alaska, relative to House Bill 131 "Freedom of Public Information" 10th Legislature, First Session, State of Alaska". V - EN i t KENAI CITY COUNCIL, REGULAR MEETING, MARCH 2, 1977 Page 7 Mr. Wise requested that Council include some amending language within the resolution under Section 40.25.020(a) to be amended to read: "Except.. access to records, adequately described and in reasonable quantities, ...may not be denied." MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, for adoption of Resolution No. 77-22, relative to House Bill 131 "Freedom of Public Information" 10th Legislature, First Session, State of Alaska, as amended. Motion passed unanimously by roll call vote. G-5: Resolution No. 77-23 - Disbursement of $9,800 to U.S. Environmental Protection Agency Mayor Elson read Resolution No. 77-23 by title only. "A resolution of the Council of the City of Kenai, Alaska authorizing the disbursement of 249, 800 to the U. S. Environmental Protection Agency." MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for adoption of Resolution No. 77-23, authorizing the disbursement of $9, 800 to the U. S. Environmental Protection Agency to be refunded to EPA from the 1974 bond funds so that EPA can revise the entitlement and disburse to the City an additional $27,300 for Sewer Interceptor Project No. C-020035-01-2. Motion passed unanimously by roll call vote. G-8: Resolution No. 77-24 - Traffic Safety Bureau Brant Mayor Elson read Resolution No. 77-24 by title only. "A resolution of the Council of the City of Kenai, Alaska authorizing the City Manager to apply for a 1000 funded grant for an additional radar gun." MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Resolution No. 77-24, authorizing the City Manager to apply for a 100% funded grant for an additional radar gun. Motion passed by roll call vote. Voting yes; Glick, Ackerly, Ambarian, Whelan, Morgan and Elson. Voting no; Sweet Q-7: Resolution No. 77-25 - Statement of Assurances - Entitlement Period Eight Mayor Elson read Resolution No. 77-25 by title only. "A resolution of the Council of the City of Kenai, Alaska, authorizing the City Manager to file a Statement of Assurances with the Office of Revenue Sharing (Federal) to qualify the City of Kenai for funding under provisions of the General Revenue Sharing Program for Entitlement Period Eight." I N r. KENAI CITY COUNCIL, REGULAR MEETING, MARCH 2, 1977 f Page 8 MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Resolution No. 77-25, authorizing the City Manager to file a Statement of Assurances with the Office of Revenue Sharing to qualify the City of Kenai for funding in the amount of $98,388 under provisions of the General Revenue Sharing Program for Entitlement Period Eight. i Motion passed unanimously by roll call vote. G-8: Payment to Engineer - FDA Water Well Project 07-01-01684 Administration advised that this statement in the amount of $16,423.99 from Harold H. Galliett, Jr. was for professional engineering services rendered in connection with Kenai Water Well Project No. 07-01-01684 from the period June 23, 1976 through February 19, 1977. After considerable discussion with the billing, particularly with the change order items, it was the unanimous decision of Council that the Public Works Director be present at the next regular meeting of Council to submit a detailed report on the Water Well project. MOTION: Councilman Sweet moved, seconded by Councilwoman Glick, that the Council of the i City of Kenai, take no action on the statement presented by Harold H. Galliett for professional engineering services for the period June 23, 1976 through February 19, 1977. Motion passed unanimously. G-9: Resolution No. 77-26 - Accepting Airport Master Planning Grant Mayor Elson read Resolution No. 77-26 by title only. "A resolution of the Council of the City of Kenai, Alaska, accepting a planning grant offer in the amount of $115,462 or 93.75%, whichever is less, for the Airport Master Planning Grant for the Kenai Municipal Airport from FAA, DOT, United States of America, Project #A-02-0142-01-77". MOTION: Councilman Morgan moved, seconded by Councilman Ambarian , for adoption of Resolution No. 77-26, accepting Airport Master Planning Grant in the amount of $115,462 or 93.75%, whichever is less, for the Kenai Municipal Airport from FAA. Motion passed unanimously by roll call vote. J 6 V 1. f KENAI CITY COUNCIL, REGULAR MEETING, MARCH 2, 1977 Page 9 0-10: Lease of Airport Lands or Facilities - Alaska Russell Electric MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for approval of lease of airport lands or facilities to Alaska Russell Electric for lots 8 and 9, Block 5, General Aviation Apron, for a term of 55 years at an annual rental rate of $2,332, with an amendment to the lease to include that lessee will be in compliance with the 1976 Kenai Municipal Airport Regulations. ' Motion passed unanimously by roll call vote. H. REPORTS H-1: City Manager's Report In addition to City Manager's Report #12, Mr. Wise reported that the proposed agenda for the work session scheduled for March 10th included: ISO report, Personnel ordinance, assessment data and Sr. Citizen Budget. Councilman Sweet requested that the work sessions be scheduled for the fourth monday of each month -- Council so concurred. MAYOR & COUNCIL - QUESTION & COMMENTS Councilwoman Glick advised that she had received a letter from the Kenai Peninsula Community Care Center in which they questioned the reasoning behind the fact that the Center cannot get a long-term lease with the City. Mr. wise advised that the City was unable to grant a long-term lease for that particular lot and facility pending development of the FAA lands. Kenai Terminal Enterprises - Mr. Wise reported that a memorandum submitted to Council explained the situation for the lease to Kenai Terminal Enterprises and Kenai Terminal Enterprises had requested lease of the bar area only. Council unanimously directed Administration to advertise the availability of the bar and restaurant facility and investigate the possibility of the City obtaining a beverage dispensary license. Council also directed Administration to advise Kenai Terminal Enterprises to vacate their facilities. H-2: City Attorney's Report Land Sale -- City Attorney Williams inquired if the City would be interested in joining the Borough in a land sale -- Mr. Wise advised that as the City had already advertised the up -coming sale for March 16th, he would request that the City look into future joint sales with the Borough. Council so concurred. Finance Disclosures - City Attorney Williams reminded Council that the Financial Disclosures were due in the Clerk's office no later than April 15 or 15 days after filing J of federal income tax return, whichever shall come first. FA KENAI CITY COUNCIL, REGULAR MEETING, MARCH 2, 1977 Page 10 i i Environmental Protection Agency - Sewer Treatment Plant Study -- City Attorney tWilliams reported that Administration had met with representatives from EPA and it may be necessary for the City to put additional monies into the Sewer Treatment Plant prior to finalization of the study. H-3: Mayor's Report Mayor Elson reported that a draft of Ordinance No. 330-77 was being distributed to the Council for their review. The modifications were that the City would not be responsible for enforcement, etc. H-4: City Clerk's Report None H-5: Finance Director's Report Finance Director Kinney advised that the assessment bills were in the mail. Also, Mr. Kinney requested a work session be scheduled after the February statements were out so that Council could go over each item line item by line Item. Mr. Kinney reported that prior to putting the charter revision on the ballot, consideration should be given to the possibility that the City of Kenai may not be able to sell bonds for any purpose because of our current financial situation, i.e. deficits, cash deficiency, unspent bond funds from 1974, violation of bond cash pool investment policy, ! and exceptionally poor collection record on special assessments. Mr. Kinney further stated that he didn't feel the City should revise the Charter if the City is not in a position to sell bonds and provide the people with what they are being promised. Mr. Kinney reported that it takes approximately six months to prepare for a bond sale. Financial consultants and bond attorneys must be hired, a prospectus prepared, printed and distributed. Bonds must be rated by the rating bureaus and Mr. Kinney stated he felt that if financially the City could sell the bonds, the City would be looking at the 1978 construction season. Mr. Kinney proposed to Council that he send copies i of the last three audits and current budget to Dave Rose of the Alaska Bond Stank Authority for his review and comments as to whether or not the City would qualify to sell bonds through their agency. Mr. Kinney, therefore, requested funds from Legal Department Professional Service Account to be utilized as an attorney/client i relationship to determine whether or not the City was in an arbitrage situation with -� respect to the 1974 refunded bond issue in the amount of $4million. Mr. Kinney stated he felt this was necessary if the City is contemplating selling bonds of any kind in the near future because if the City is in an arbitrage situation, it could have a very detrimental effect on the City. Council unanimously concurred and directed Mr. Kinney and City Attorney Williams to proceed without further delay. a H-8: Planning & Zoning Commission's Report Councilwoman (click reported that the Kenai Planning Commission would hold a k KENAI CITY COUNCIL, REGULAR MEETING. MARCH 2, 1977 Page H public hearing on P&Z 77-3 at their next regular meeting of March 9, 1977, proposing to up -date and change wording in the zoning ordinance. } H-7: Kenai Peninsula Borough Assembly's Report Mayor Elson reported that Ord. 77-10, making a supplemental appropriation from unappropriated funds to the Planning Department of $30, 000 for matching EDA Title IX Planning Funds was set for hearing April 5th. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None ADJOURNMENT There being no further business of the Kenai City Council, Mayor Elson adjourned the meeting at 12:15 a.m. Respectfully submitted, .div �tf.6. ie C. Peter, City Clerk i I t OHAAAM.W I r I, fountieA In 1886 ((,,C(p By Peninsula Corps. P.O. Box iii WHItatn Boom Kenai. Alaska 9%11 - 283.4536 March 4, 1977 CLARENCE WLSEMAN GOWN COMMISSIONER R.F. HOIZ Ta toaM GNnM WN MAJOR ARTHUR SMITH owswwl rammmaw UEUfENANF CRAIG FANNING Dnp Ohm LIEUTENANT BRUCE NELSON Anxtn.OHIM To all City Council Members of the City of Kenai Alaska I I Dear Council Members: We would like to thank you very much for your consideration - on the Library property. We know that any item that comes before your attention takes a lot of your personal time, and emotional feelings to come up with a decission that you believe will bring the best results to the City of Kenai. We do respect your dee- ission to be the be afthat could have been handed down, and we thank you for the time that you spent on our behalf. May God bless you very much, and may your decissions con- tinue to bless our community. Sincerely, C aig N. Fanning, Lieuten nt Commanding Officer Peni ula Corps i i i , d 4 #6 i } LEASE. OF BUILDING & GROUNDS 1 This AGREEMENT, entered into this day of March, 1977, by and between the CITY OF KENAI, a home -rule municipal corporation of Alaska, hereinafter called "City" and the Kenai Historical Society, Inc. , a non-profit corporation of the State of j Alaska, hereinafter called "Lessee". Thatithe City in consideration of the payments of the rents and i the performance of all the covenants herein contained by the Leasee, does hereby lease to the Lessee the building located on bots 3, Rio& 1 of the Original Townsite of Kenai. Kenai Recording nistriet, which formerly housed the Venal Community Library, along with the ground: beneath such building and so much of those emunds immediately adlac to such building as will provide ingress And eVess to and from such building and access to all portions of the exterior of the building for purposes of repair and maintenance. i. The term of this lease is for one 0) year, commencing on the day of . 1977, to the day of 1978, at the annual rent of $1.00. Rent is due u the execution of this lease. 2. Upon expiration, Lessee shall have the option to renew thi lease at the same rental rate. City, at its option, may change any of tl other terms of the lease at that time And a new lease agreement shall bl executed. S. Lessee covenants to maintain the premises in good repair comply with all applicable building. Piro, health and safety or other ai cable codes, laws, ordinances or regulations. 4. City agrees that it will maintain insurance eoverage on the demised building in such kind and amount As the City shall doom nece- ssary or advisable. Any coverage necoasary for contents of thn huildina will be arranged and paid for by Lasses or shall be by special agreement with City.. i S. Lessee agrees that it shall pay all fuel costs, utilities, and services necessary to properly heat and service the demised huilding including but not limited to gas, electricity. water and sewer, telephone, refuse collection, and janitorial services. 8. The purpose for which this lease is made is as follows: Community activities. including meetings and special events of Lessee and other non-profit organizations 7. Lessee at its sole discretion may allow sublease or use of the building by other non-profit organizations or groups for the conduct of community activities for periods of time not to exceed 48 hours. I 8. Use of the demised premises for any purposes other than those set out in paragraphs 8 and 7 above including subleases for more than 48 hours shall be made only with the written consent of the Council of the City of Kenai. i 9. Rates for use of the demised building by other groups as determined by Lessee shall require the approval of the Council of the { City of Kenai. i� 10. Lessee covenants that it will not conduct or allow to be I I conducted any activity or operation on the demised premises which will not be in compliance with the Kenai Municipal Zoning Code, Chapter 21.76 of the Kenai Peninsula Borough Code of Ordinances. 9 11. Lessee shall make no structural alterations to the demised e building without prior written consent of City. L 12. Lessee may not assign its interest in this lease. 18. Lessee may not refuse, withhold from, or deny to any person any services, goods. facilities, advantages or privileges because of Hex. marital status, changes in marital status. pregnancy, parenthood, race. religion. color or national origin or moy Lessee publish, circulate, issue, display. post or mail a written or printed communication, notice or advertisement which states or implies that any services, goods, facilities. advantages or privileges will be refused, withheld from or denied! to any person because of sex. marital status, changes in marital status, pregnancy, parenthood, race, religion. color or national origin. IN WITNESS WHEREOF. the parties hereto have hereunto set their hands, the day and year first above written. i CITY OF KENAI, ALASKA By: City Manager KENAI HISTORICAL SOCIETY. INC. Ry: President SUBSCRIBED AND SWORN TO BEFORE. ME this day of .1977. I,! NOTARY FOR STATE OF ALASKA My Commission Expires: i I h 9PORTO SURVZYe DUIGN OW94VISION a; 1� HAROLD H. GALLIM. JR. REGISTERED CIVIL ENGINEER 22 February 1977 Mr. John E. Wise City Manager City of Kenai Box 580 Kenai, Alaska 99501 Subject: STATEMENT, Professional Engineering Services, Water Supply & Distribution System Improvements - 1976 EDA Project No. 07-01-01684 r -_,.- •-- � � � �-- -� '--mow. Q S'yV-c �1/�t�e•66 746 F STREET ANCHORAGE, ALASKA 90601 272.9213 270.8220 1 Dear Sir: This letter is my statement for professional engineering services rendered in connection with "Water Supply & Distribution System Improvements - 1976", EDA Project No. 07-01-01684, from June 23, 1976, through February 19, 1977. This statement covers engineering services required through February 19, 1977, as follows: a. Design or Redesign of the following improvements; (1) Production Well No. 2, (2) About 9,000' of 10" & 12" Water Main, (3) Water meters for all unmetered water services, (4) A covered and lined fire reservoir. • b. Preparation and/or checking of the following change orders: .,Change Order No. 1 - BR; to provide'96' of additional water main encasement at crossings beneath the Kenai Spur Highway; Contractor's Price a $12,000.00 (2) 'Change Order No. 2 - BR; to provide additional 10" ductile -iron waterr—mai-n at ditch crossing at south end of airport runway; Contractor's Price = $808.55 -1- 4 0 - I I 0 (3) Change Order Nr. 3 - BR; to provide 12" fittings and to cut into existing 12" water main at Station 337 + 70; Contractor's Price = $4,785.00 (4) Change Order. No. 1 - IN; to provide for changes of Motorola alarm reporter equipment due to model changes by manufacturer and changes in FCC regulations; Contractor's Price = $14,000.00 - $20,000.00; Change order is in process of negotiation. (6) Change Order No. 2 - IN; to provide for overhead electric Power lines in place of underground power lines to Well House No. 2; Contractor's Price = Not yet available; Change order is being prepared. (6) Change Order No. 3 - IN; to provide a separate, 20' w x 24' 1 x 12' h emergency generator building at Well House No. 2; Contractor's Price: Not yet available; Change order, which includes one drawing Sheet and detailed specifications, has been submitted to the Contractor for pricing. (7) Change Order No. 4 - IN; to provide spray -applied, foamed -in-place, polyurethane insulation on underside of roof of existing Well House No. 1 to reduce excessive heat loss; Contractor's Price: Not yet available; Change order has been submitted to Contractor for pricing. (8) Change Order No5 - IN; to provide for sandblasting, cleaning and painting of entire inner surfaces of existing 60,000 gallon steel water storage tank in Well House No. 1; Contractor's Price: Not yet available; Change order has been submitted to Contractor for pricing. c. Conferences and preparation of materials, including existing plans and specifications and revised budget estimates, to accompany City application to EDA for funding of Fire Reservoir out of special 'federal $2 billion anti -recession appropriation and to State for funds to match EDA funds. d. Land and engineering surveys and preparation of right-of-way descriptions and instruments. e. Construction supervision rendered under "BASIC SERVICES" of the contract for engineering services. -2- t a N F` •---..,..moi'+-."a""- ..,.. _ F - r Y j The engineering services which we have performed are authorized by our contract dated 2nd October 1915, and the amendment thereto dated 11th June 1976. 3 ..Our charges for BASIC SERVICES, in connection with the work described in paragraph a. and e. above, under Paragraph IV A of our 3 contract, are as follows: S 1. Time a. Principal Engineer Galliett, H. 115 Ors. @ $40.00 $4,600,00 Silides, G. 8 Hrs. @ $40.00 320.00 b. Employees Gal l iett, 14. 80 Hrs. @ $20.00 1,600.00 2. Expenses At Cost Transportation $195.50 Postage 4.22 Xerox Copies 19.13 Mileage 6.60 Meals 27.55 Freight 4.73 Telephone 49.79 Reproductions 3.24 Parking 8.00 Supplies 0.37 Miscellaneous 353.00 Expenses Prorated In Accordance With Engineer's 'Hours On Job 672.13 3. Total Time & Expenses, BASIC SERVICES $7,192.13 .3- m __ !_ II I.I 1 ■ 3 Our charges for SPECIAL SERVICES in connection with the work described in paragraph b, c and d above, under Paragraph IV B of ' our contract, are as follows: 1. Time a. Principal Engineer i Galliett, H. b.T CO 1 - BR 4 Mrs. b.2 CO2 -BR 4 " b. 3 CO 3 - BR 8 " b. 4 CO 1 - IN 16 " b. 5 CO 2 - IN 2 " b. 6 CO 3 - IN 80 " b. 7 CO 4 - IN 8 " b. _8, CO 5 - IN 4 " c. Reservoir 16 " d. Surveys 16 " 158 Mrs. 158 Hrs. @ $40.00 6,320.00 b. Employees Galliett, N. b. 1' CO 1 - BR 3 Hrs. b. 2 CO 2 - BR 3 to b. 3 CO 3 - BR 5 of b. 4 CO 1 - IN 12 " b. 5 CO 2 - IN 1 to b. 6 CO 3 - IN 56 go b. 7 CO 4 - IN 5 It b.-8- CO 5 - IN 3 " c. Reservoir 12 if d. Surveys 10 to 110 Hrs. 110 Hrs. @ $20.00 2,200.00 -4- �! 2. Expenses At Cost r Surveying $351.00 Postage 0.13 Xerox Copies 137.88 Mileage 4.00 Meals 7.77 Freight 38.89 Telephone 3.47 Reproductions 160.34 Parking 1.00 - Su lies 7 38 I pp • 711.86 3. Total Time & Expenses, SPECIAL SERVICES $9,231.86 The distribution of our charges for time and expenses through February 19, 1977, is as follows: a. BASIC SERVICES 1. Contract Amount $98,886.00 2. Less Previous Payments: $ - 42,318.00b jai - 27,544.46 (c) Total, Previous - 69,862.46" Payments For BASIC SERVICES 3. Current Contract $29,023.54 Balance For BASIC SERVICES 4. Less Current Earnings - 7,192.13 For BASIC SERVICES 5. Pending BASIC 21,831.41 SERVICES . Contract Balance • •5- E t i1 b. SPECIAL SERVICES 1. Contract Amount $36,900.00 i' 2. Less Previous Payments: ja $ - 4,301.00 b - 13,772.23 c 200.00 (d) Total, Previous - 18,273.23 PaymFor SPEC IAL SSERVICES 3. Current Contract $18,626.77 ! Balance For SPECIAL SERVICES f f 4. Less Current - 9,231.86 j Earnings For j SPECIAL SERVICES • S. Pending SPECIAL $9,394.91 SERVICES Contract Balance Engineering costs versus estimated progress under our engineering contract has been as follows: a. Contract Amount $135,786.00 b. Cost Through February 19, 1977 - 104,559.68 c. Current Contract Balance $31,226.32 d. Current Cost/Contract Amount 77% e. Estimated Progress Of 85% Engineering PAYMENT REQUESTED ---------------------------- $16,423.99 Very truly yours, ' Harold H. Galliett, Jr., Registered Civil Engineer HG:mg -6- Lin The following are items over $S00.00 which need Council approval or ratification: 3-16-77 ITNDOR AMOUNT DESCRIPTION PROJECT/DEPT. A/C CHARGED AMOUNT FOR APPROVAL: Doyle's Fuel Service $ 930.17 gasoline Public Works Shop - Operating 930.17 supplies The Travelers S,812.06 medical insurance City Attorney Medical insurance 172.97 City Manager " of 130.11 Finance " of 468.45 Dept of Revenue it to 122.91 Library 243.42 Council on Aging 121.71 Communications 333.14 Police " 1,254.30 Fire 1,047.34 PW Admin 128.91 PW Streets " 417.19 PW Bldg Inspection 125.71 PW Shop " " 250.62 Animal Control 121.71 Water $ Sewer " " 248.62 Sewer Trtmt Plant 248.62 Airport Term. Mgr. 123.71 Airport M $ 0 " 125.31 EDA Capital Proj. Project inspection 127.31 Kenai Peninsula Community Care Center 2,743.00 donation Legislative Miscellaneous 2,743.00 Homer Electric Association 49451.98 February charges Dept of Revenue Utilities 11.01 Library 191.71 Council on Aging 27.68 Police 143.05 Fire 396.13 Streets 879.39 Shop " 29.11 Street Lightng Agmt 714.00 Water $ Sewer 1,104.25 Airport Terminal " 704.72 Airport M $ 0 " 250.93 PO • Xerox Corporation $ 614.07 Xerox rental Dawson $ Co. 2,941.99 Workmen's Comp insurance Glacier State Tele 1,426.63 telephone charges Legislative Printing $ Binding $ 77.52 City Attorney " 12.4S City ?tanager " " 144.64 Finance •' " 102,17 Library " 22.97 Council on Aging Communications 8.18 PW ADMIN Printing & Binding 189.62 General Fund Miscellaneous revenue 56.52 Legislative Workmen's Comp. In. 4.21 City Attrny " " " 60.61 City ?Manager 33.60 Finance " " " 29.07 Dept of Revenue " " 4.82 Council on Aging 2S.42 Communications " 19.29 Police " 707.07 Fire " " 691.97 Fire Auxiliary 2.78 PtV Admin " " 33.60 Planning 6 Zoning 4.12 Streets "' 408.94 Building Insp. " " 33,60 Shop •' 289.33 Animal Control 40.39 Water 6 Sewer •' 318.49 Sewer Trtmt Plant •' 181.61 Airport Term. Arg." " " S.32 EDA Capital Proj. Project Inspection 45.96 Library_ _ •_ __._ 1go.rJ&me sn ' Comv t �a Non -departmental communications 1,014.60 City Manager •' 46.44 Finance 60.38 Dept of Revenue " 8.15 Library " S.60 Council on Aging '° 87.75 Police " 47.02 Fire 4.02 PW ADmin 92.87 B1dg..Inspection .40 Shop 30.20 Sewer Treatment Plt 1.00 EDA Capital Project Other admin expense 28.20 V AL t Bowman Products $ 20071.25 The Carrington Co. 528.27 Seattle Trust & Savings 800.75 Follett Library Book Co. 30790.16 TO BE RATIFIED: Livia's Janitorial Sev. 1.637.00 Auto parts Brake parts 69 G.O. Bond interest Library Dev. Grant Books PW Shop PW Shop Debt Service Library Devel. Grant February service Airport Term. Operating Supplies $ 2,071.25 Repair 6 Maint. Supp. 528.27 Interest 750.00 Fiscal agent fees 50.75 Books 3,790.16 Professional services 1,637.00 l i V AL t Bowman Products $ 20071.25 The Carrington Co. 528.27 Seattle Trust & Savings 800.75 Follett Library Book Co. 30790.16 TO BE RATIFIED: Livia's Janitorial Sev. 1.637.00 Auto parts Brake parts 69 G.O. Bond interest Library Dev. Grant Books PW Shop PW Shop Debt Service Library Devel. Grant February service Airport Term. Operating Supplies $ 2,071.25 Repair 6 Maint. Supp. 528.27 Interest 750.00 Fiscal agent fees 50.75 Books 3,790.16 Professional services 1,637.00 ��' d � III I n .—.—• .. 1 CITY OF KENAI ORDINANCE NO. 330-77 4- • AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REGARDING j WATER SUPPLY AND WATER SHED PROTECTION AND PROVIDING FOR ENFORCEMENT I OF THE ORDINANCE OUTSIDE THE CITY LIMITS. WHEREAS, AS 29.04.037(b) authorizes a municipality to adopt ordinances to protect its water supply and water shed and to enforce them outside its boundaries, and WHEREAS, the City of Kenai derives its water supply from the Beaver Creek aquifer northeast of the City, and WHEREAS, the City without invoking its rights under provisions of AS 29.04.037 (b) has no means of protecting its water supply, and WHEREAS, it is in the public interest to adopt an ordinance protecting its water supply by requiring notification of the City of a potential user to enable the City to obtain due consideration by the State of the City's needs for water. NOW, THEREFORE, be it ordained by the Council of the City of Kenai, Alaska, as follows: Section 1: There is hereby added to the Code of the City of Kenai, Alaska a new Article 8 of Chapter 17, such Article to read in its entirety as follows: ARTICLE 8 Beaver Creek Ground Water System Notification Required Section 17-80: It shall be unlawful, without prior notification to the City of Kenai, for any person or other entity, to dig, build, drive. drill or in any i other manner construct a water well or otherwise appropriate water from beneath the surface in the territory described and illustrated in Schedule A attached hereto and incorporated by reference. Form of Notification Section 17-81: Prior notice shall be given by filing a certified true copy of the application for water rights in the form and manner prescribed by the State of Alaska, Department of Natural Resources, Division of Lands, Water Resources Section, with the City Clerk, City of Kenai, within seventy-two (72) hours of appli- cation to the State of Alaska for water rights. I ORDINANCE NO. 330-77, Page 2 I Penalty Section 17-83: Any person or entity violating the provisions of this i Article shall be subject to a civil penalty of $300 for each offense. Each and every day such offense continues shall be deemed a separate violation. Section 2: City of Kenai Ordinance No. 289-76 is hereby repealed. Section 3: City of Kenai Ordinance No. 301-76 is hereby repealed. PASSED by the Council of the City of Kenai, Alaska this day of April, 1977. JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk J FIRST READING: March 16, 1977 SECOND READING: EFFECTIVE DATE: L , wiii idu uinirr i r rrr..re-•-: __.. .,. _.... .. .--...,.-.. - ___ �-_ __..._ ! SCHEDULE "A" (AMENDED) The boundary line encompasses fifty-two (52) square miles of Beaver Creek Ground Water System and is totally within the Kenai National Moose Range. The boundary line begins on the Moose Range boundary between Section 31, T6N, R10W, Section 6, TSN, R10W, where the Moose Range boundary west forms a corner with the Moose Range boundary t north; thence, north, following the Moose Range westerly most boundary to a point on the north most border of Section 5, T7N, RIOW, where it intersects.the Moose Range boundary; thence, east along the northern border of Section 5 and 4, T7N, RlOW, approximately two (2) miles; thence, southeast approximately two and one-half (2h) miles to a point ofintersection at Sections 10, 11, 14, 15, T7N, RlOW; thence, south-southwest approximately 1.4 miles to a point on the south most border of Section 15, T7N, R1OW, 1200, feet west of the intersection of Sections 15, 14, 23, 22, T7N, R10W; thence, 300 feet south where the boundary turns southwest and passes through the east most border of Section 22, T7N, R1OW, approximately 1500 feet south of the intersection of Sections 15, 14, 23, 22, T7N, R1OW; thence, southwest through the northeast quarter into the southwest quarter of Section 23, T7N, R10W, to a point on the south most border of Section 23, T7N, R10W, 1500 feet from the corner intersection of Sections 23, 240 25, 26, VN, R1OW; thence, northeast passing through the most easterly border of Section 23, approximately 900 feet north of the intersecting corner of Sections 23, 24, 25, 26, T7N, R1OW; thence, bisecting the most southerly border of Section 24, T7N, RlOW; passing through the northeast quadrant of Section 2S, T7N, R1OW, to intersect the i most westerly border of Section 30, T7N, R9W, approximately 300 feet south of the corner intersection of Sections 24 and 25, T7N, R1OW, Sections 19 and 30, T7N, R9W; thence, approximately 4,500 feet due east into Section 30, T7N, R9W; thence, due south bisecting the south most border of Section 30, T7N, R9W and passing into Section 31, T7N, R9W for approximately 900 feet due south; thence, southeast, intersecting the most westerly border of Section 32, T7N, R9W and proceeding east approximately 900 feet where it turns south-southwest and intersects the most southerly border of Section 32, T7N, R9W, approximately 300 feet east of the corner intersection of Sections 31, 32, T7N, R9W, and Section S and 6, T6N, R9W; thence, due south through the northwest uarter of Section 5, T6N, R911 approximately 1,500 feet; thence, urning southwest, intersecting the most easterly border of Section 6, T6N, R9W, at a point approximately 2,000 feet south from the corner inter*ection of Sections S and 6, TO, R9W and Sections 31 .and 32, T7N, R9W; thence, through the southeast quadrant of Section 6, T6N, R9W, due southwest 2,100 feet; then, due south 900 feet; ` thence, southwest to intersect the most northerly border of ! p Section 7, T6N, R911, approximately 500 feet west of the corner intersection of Sections S. 60 7 and S. T6N9 R9W; thence, due 4 r .,:_-� �.-- �••-.�,.• .. r� .��iul. ..�LL_!I ex _u III II ilil �e south to the first major basin boundary approximately 500 feet west of the most westerly border of Section 8, TO, R9W; thence, northwest to intersect the most westerly border of Section 7, T6N, R919; passing straight northwest to intersect the most northerly border of Section 1, T6N, R10W, approximately 900 feet from the corner intersection of Sections 6 and 7, TO, R9W, and Sections 1 and 12, T6N, R10W; thence, northwest intersecting the most easterly border of Section 1, TO, R10W, approximately 2,100 feet north of corner intersection of Sections 1, 2, 11 and 12, T6N, R10W; thence, west-southwest, intersecting the corner Intersection of Sections 2, 3,' 10, 9, TO, R10W; thence, a roximately 3,900 feet following the south most border of Section 3, TEN, RlOW; thence, due south-southwest intersecting the most easterly border of Section 10, T6N, R10W, approximately 1,200 feet north of corner intersection of Sections 9, 10, 15 and 16, TO, R10W; thence, south-southwest intersecting the most southerly border of Section 21, T6N, RlOW, approximately 1,800 feet west of the most easterly border of Section 21, T6N, R9W; passing through the northwest quadrant of Section 28, T6N, R10W, intersecting the most westerly border of Section 28, T6N, R1011, approximately 1500 feet south of intersecting corner, Sections 20, 21, 28 and 29, UN, RIOW; thence, 1.14 miles due west intersecting the most easterly border of Section 30, T6N, R10W, approximately 2,000 feet south of intersecting corner of Sections 19, 20, 29 and 30, T6N, R10W; thence, due south, intersecting the Moose Range boundary approx- imately one and one-half (1N) miles east from intersecting corner of Sections 28, 29, 32 and 33, TO, R10W; thence, west to the point of beginning. _may �� ., demi i`eie1�� IeeunY�lty a[..sn,e.:a� --_- dynKs uu'1''f•Rbtm'-'__—...T��..__ •_ s --- -- - - --.. _.._ .. —->i- sc.�"_"�w- - - - i '► .. rCt _ `%`.a••�% Oil R•1/Yam + W, 3 !`Q _ . • N� ' . loading M/ j :•/ t : �` I^" t7=' GNtling p '� 01PUtrwm 8eo-ve r C «� k cT f O J 6•It/e v r.• /! j- Y' I cl.f1 T . 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I� •I 1 :I CITY OF KENAI ORDINANCE NO. 331-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A SPECIAL REVENUE FUND ENTITLED "AIRPORT MASTER PLAN" AND BY INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AMOUNT OF $123,159 WHEREAS, the City of Kenai has been awarded a grant in the amount of $123,159 for the purpose of compiling a Comprehensive Airport Master Plan, and WHEREAS, this project will not be completed in this current fiscal year, it Is desirable to establish a separate fund, 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 Venal, Alaska, that a special revenue fund entitled "Airport Master Plan" be established to reflect the following transfers and increases in estimated revenues and appropriations. Airport Terminal Manager From: Professional Services ($3,849) To: Transfers $ 3,849 Special Revenue Fund - Airport Planning Grant Increase Estimated Revenues: Interfund Receipts Airport Terminal $ 3,849 State of Alaska 3,848 Federal Aviation Administration 115,462 Inorease Appropriations: Professional Services 123,159 t ORDINANCE NO. 331-77, Page Two PASSED by the Council of the City of Kenai, Alaska, this _ day of April, 1977. JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk FIRST READING: SHCOWM READING: EFFECTIVE DATE: J I ! T T i CITY OF KENAI ORDINANCE NO. 332-77 �.�.a__il---`-�=��p_�.�,.,,.,!f+J�@ISiIIJEi,� •Ii SIX �� lJ. _.._1:...!! ! IIJ j AN ORDINANCE. OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, F CRrNSING ESTIMATED REVENUES AND APPROPRIATIONS IN THF. AIRPORT LANT) FU?TD IN THE AMOUNT OF $3,010 FOR THE PURPOSE OF REPAIRING THE Ow,RHEAD DOORS IN THE WARM STORAGE FACILITY. WHEREAS, the City has constructed a warm storage facility for winter storage V V - of City heavy equipment at a cost of $47,500, and WHEREAS, the overhead doors have become misaligned and extensive damage to the facility is eminent if the doors are not repaired, and WHEREAS, revenues in the Airport Land Fund have exceeded the estimate in sufficient amounts to fund the necessary repairs. NOW, THEREFORE BE IT ORDAINED by the Council of the City of Kenai, Alaska, that the following increases in estimated revenues and appropriations be made: 1976-77 Airport Land Fund Budget Increase Estimated Revenues: Rents & Leases $3,010 Increase Appropriations: Warm Storage Facility $3,010 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of April, 1977. ATTEST: Sue C. Peter, City Clerk JAMES A. ELSON , MAYOR FIRST READING: SECOND READING: EFFECTIVE DATE: S - CITY OF KENAI RESOLUTION NO. 77-27 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, RECOMMENDING AMENDMENT OF THE KENAI MUNICIPAL DISTRICT ZONING CODE, CHAPTER 21.76. KENAI PENINSULA BOROUGH CODE. OF ORDINANCES. WHEREAS, planning and zoning requires continuous review and updates, and WHEREAS, the Kenai Municipal District Zoning Code has not been updated since 1975, and WHEREAS, the Advisory Planning and Zoning Commission of the City of Kenai has reviewed, in detail, recent changes in State statutes and Borough ordinances governing planning and zoning and recommended the following amendments to the Kenai Municipal District Zoning Code, and WHEREAS, a number of obvious changes to the Kenai Municipal District Zoning Code are warranted to comply with State statutes and Borough ordinances and to reflect changes occurring within the City of Kenai. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska that the Borough Planning Commission is hereby requested to recommend to the Kenai Peninsula Borough Assembly, and that the Kenai Peninsula Borough Assembly pass the following proposed amendments to the Kenai Municipal District Zoning Code, Chapter 21.76, Kenai Peninsula Borough Code of Ordinances: 1. That Section 21.76.070 B .l . a . be amended to read: a. Single family dwellings; 2. That Section 21.76.070 C.I. be amended to read: 1 1. Minimum lot area - 20, 000 square feet; S. That Section 21.76.070 C.4. be amended to read: 4. Maximum lot coverage for single family dwelling - 30%; 4. That Section 21.76.070 C.6. be added to read in its entirety as follows: 6. Maximum height - 2-1/2 stories, or 35 feet, whichever is less; S. That Section 21.76. 080 B.I. be amended to read in its entirety as follows: a. Single family dwellings b. Churches, provided that no part of any building is located nearer than 30 feet to any adjoining lot or street line a. Conditional uses as specified in Section 21.76.140; lj i . 3 3� RESOLUTION NO. 77-27, Page Two 6. That Section 21.76.080 C.I. be amended to read in its entirety as follows: 1. Minimum lot area - 7,200 square feet; 7. That Section 21.76. 080 C. 4. be amended to read in its entirety as follows: 4. Maximum lot coverage - single family dwelling - 300 B. That Section 21.76.080 C.7. be added to read in its entirety as follows: 7. Maximum height - 2-1/2 stories or 35 feet, whichever is less; 9. That Section 21.76.090 B.2. be amended to read; 2. Secondary uses - same as secondary uses permitted in the RR Zone; 10. That the first sentence of Section 21.76.140 F.I. and 21.76.140 F .1. a . be amended to read in their entirety as follows: a. Maximum lot coverage - 30% with minimum lot size as follows: (1) Duplex - 7,200 square feet (2) Tri-plex - 8,400 square feet (3) Four-plex - 9, 600 square feet 11. That the first sentence of Section 21.76.140 D.I. be amended to read as follows: 1. Elementary schools, high schools, colleges, day-care centers, hospitals, and sanitariums may be permitted provided that the following conditions are met: 12. That the first sentence of Section 21.76.140 E.I. be amended to read as follows: 1. Governmental buildings, public libraries, public off-street parking lots, day-care centers, and other public facilities serving the entire community may be permitted provided that the following conditions are met: 13. That Section 21.76.140 K. be added to read in its entirety as follows: K. Conditional use in RU Zone - restaurants, provided that the proposed location of the use and the size and characteristics of the site will not destroy the character of the neighborhood; 14. That Section 21.76.190 FA. and F.S. be amended to read in their entirety as follows: 4. Multiple family dwellings and other places containing dwelling units must have two spaces per dwelling unit up to 150 units, 1 space per unit thereafter t -. -- - - --- ------------ *12ME15-__ J.-.D.!lL.:_ IJ ■ I LI ■ 1 I I I RESOLUTION NO. 77-27, Page Three ' 5. Single family dwellings, two family dwellings and parish houses must have two parking spaces per each dwelling unit; 15. That Section 21.76.260 8.55. ani 1R.56. be amended to read in their entirety as follows: 55. "Parking space, private" means any automobile parking space not less than 200 square feet in area 00 foot x 20 foot) 56. "Parking space, public" means an area of not less than 200 square feet exclusive of drives or aisles giving access thereto in an area accessible from streets and alleys for the storage of passenger motor vehicles. j PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March, 1977. JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk T- — -. t CITY OF KENAI RESOLUTION NO. 77-29 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING REFUNDS TO CERTAIN PROPERTY OWNERS IN THE 1973 ASSESSMENT DISTRICTS. WHEREAS, Resolutions 76-81, 76-82, 76-83, 76-84, 76-85, 76-86, 76-87, Section 4, paragraph C, reads in part as follows: "When there are no future annual installments against which to credit any amount over -paid on the parcel, a refund will be made to the current owner of the parcel as reflected in the Kenai Peninsula Borough Tax Assessment Rolls." WHEREAS, the payments have been reapplied to the installment schedule, and WHEREAS, in certain cases refunds are warranted. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, as follows: Section 1: Refunds in the amounts as shown on the enclosure attached hereto and incorporated herein by reference are authorized to the named persons. Section 2: In the event any of the attached named persons have delinquent account receivable balances for any purpose according to City records, then these delinquent amounts shall first be subtracted from the amount set forth in the enclosure attached before refund is made to such persons. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March, 1977. JAMES A. ELSON , MAYOR ATTEST: Sue C. Peter, City Clerk I I 4 LI I I �)nj ell j I III NNIIIMMLM-km immi III immommom I i 71 1;f,- Ai '66S 12SL Von& -fir* J10 Irdo'-, 60, - 7,'k fore I:: 6.0 If -P, yl:"' A Own al We 04. SfA 'a., ..' —;. '!i I - . It O -u- MOO I it K 4: 'l . 1(11 W 6,• _19 ofj 99.4; oq t rim 14 of 'pq ao:-'d,•� IYOP —to F'6ji- 10 0-2-00 It I tt.._...S�wr..b !'saYJr kwoi- 1 1lil 39•/J✓'/�"Dr,i.( �: �t IJ�Ir'7 .�/e�fj7 1 •L of Is Is AVSR' Ou.; ---+Jl "4v /Cep Wit tow !-I row I : : : ; , 4fj ifd-.f emp )*.we 1 .1 1 it It be "V: 7 1.1 I0 t T' 13'. lot 7 U AM AAC4' f7 eel !v 36 790j ir Mir ou tr. �vo 40740 —4J/ ii 3 sl.r•.rMI�- - . t �Atr_f /� j,Q_ _--1�c�e{i rfs}s�}__ _ ..____._.— ./c! j(�.b:r_ _: u_ _�_.Gv:iir- --- .. _ Sd*fs� _.- —_'r_ Kt;�•.,1�irt,.,._@et't3a �+ ` i s `.�,•:-wT��ii.f-d.i �� . �el i, - .. .� - .`t%'fr{+.5�1 �J %}Ytftr tJ.t-ff Sl/I� ! • W e#'t- ^yi »...�..1-•t(••1 �� "Z:wS�tc. (} . � .. � _ » . , } .. . ii !p -/H {r. � - 1 � -- .. I%L . I :t � . i r'_. _� r i �' i i----- `�----__,._ _-�.1 � .. .�,^•.Ib!•eY e. '' :. :� _ ..: .S'Doi• :1. -.- f� - ___.-.-.._!_-_� ��B.tl.L ,.-�. �i i •' +E.sy 1J,i ttt G•!•:�a•)____— !�� . .�'3. A.sl� 9a� e3 : � t � � $'t./,/;3'.?�so � ., .. } - ��1 : � , �: • � _-�# ....._. . 72/. _, t ' 1 i • • i•L�irr = � • _ kf-/,I'!-IGae. , -#• ---i • • • - � - •.. fDSdi' �.y _' 1 • ... �. � d3��'+r', _..__�«.'.... t i1btllco!I _�_ _iy?,C .}?...A4:>r' _ !! .B�D�O•c�►bo.;�, t: ': _ . :l�8�6. t� ;; _ I .' «--� ! t •'Yt +Ae.sswes-_ 1. 4t-0/•/C?0 1.f ;: firYB`� 1; .i i ;. - i _-.,..._...1 M. t�tii,a _ .,.._•_ _-., PA dt+c" .. . r . t .. .'♦4 -td a"i�rQO' .. r I: •' f-..�i _ } �. i" i �! apeatt. l 11 Y� s..� t .i i•or/i` f. �. .. I NTT - so y - 1 1�.: _. „� t{ ._ _. .t i'• n . # t r1 ___....._....__ .. .-i •.. '.} .1 .i .. .. .� ., is :, ' -t-. I `�.tt to to �!i N _.....__...—..__ .._ _ ...._....-_ _«- i � � .._,.{....♦,..}_� i' ' �.--.. � . I � ..._._-►.ti ' 1 � r r . ' ...i.�...- tjrp 1.-..,.,r..,,� p i �{ �N ,_ «.-«L .._-,_.. ...-__•_ •_. - � . } 1 , I �jTT--+".-"-•� .1 /jj .�. , _.--'.r; .... � ^.--}tet .. .. .i i- ..,y. { �-. .: �- -i _-� .,.-1«. .� ..I .�.- .. i....__. ti i :} .I.i; i .1 4 L d t. i -1-•ii Y t. _ � ;: ,. t ,..�. I..1., d t .S •i •s _P• �..1 ,: '• �Y�. -.L. ..�, ,ti r ,} i. .; 1 . I . ♦i .i ♦ 4. 1. . «..J tso VF �M•�l•i{•IIIIJw' nniMtM tt.iMM •'3.r .?-.� - r � il: i'! r r _ - _ • . ` � � eh Mi/.�M•• L .i tI i yt it } a d ' I i i Em E i si CITY OF KENAI r RESOLUTION NO. 77-31 1 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING FOR A CONTRACT TO EXECUTE THE AIRPORT MASTER PLAN. ! WHEREAS, the State and Federal governments have agreed to provide to be matched in part by the City of Kenai for an Airport ARaster Plan study, and WHEREAS, a contract relative to the approved grant application has been prepared and attached hereto and is in compliance with appropriate State and Federal law. NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Kenai, Alaska, that the attached contract between McClure/Nixon/Farr, the prime contractors, and the City of Kenai, in the amount of $123,159, is hereby approved. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 1977. JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk 0 4 T• a.-- -- • — W --+ - —% F r MCCLUU / NIXON / FARR 313 "1" 61 feet. AnCAefbye. Alaska 09501 ARCHITECT$ AND PLANNERS 901 211.2811 March 1, 1977 Mr. John Wise City Manager *� City of Kenai Box 580 Kenai, Alaska 99611 RE: Kenai Airport Masterplan Study Dear John: Enclosed for your review are two copies of the proposed Agreement between the City of Kenai and our firm with applicable provisions of FAA Advisory Circular 150/5900-1A incorporated as requested. I have signed both copies. If you have questions concerning the Agreement please contact us. If the proposed form of contract is satisfactory, please execute the Agreement and return one copy to us. Yours very truly, McCLURE/NIXON/FARR Dan Farr RDF:mh 4 �1SIIIIII 1111111 .1 1111111 �J��elllLlO �!`1 !!. ._!I-LJ_I I..IRI1111 IS I AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT Made this day of BETWEEN: City of Kenai gereinafter called Owner, AND: McClure/Nixon/Farr Architects & Planners hereinafter called Consultant: WITNESSETH: WHEREAS Owner desires to have a master plan for the Kenai Airport developed and WHEREAS Consultant desires to be retained by Owner to develop said plan. NOW THEREFORE in consideration of the mutual promises set forth herein the Owner and Consultant agree as follows: 1. cloyment of Consultant: Owner hereby engages Consultant and Consultant hereby agrees to perform the scope of work which is set forth on Exhibit A which is attached hereto and by this reference made a part hereof. f 2: Consultants Fee: The fee to be paid to Consultant will consist of the following: A. Regular Fee: In consideration of the performance of the services agreed to be performed herein Owner will pay Consultant a fixed sum of $123,159. which shall constitute complete compensation for Consultant's services. B. Extra Work: In the event Owner desires to have Consultant perform services in addition to those described on Exhibit A Owner will specify in writing to Consultant a request for such extra work. In such event such work will be compensated for at the rates specified in Exhibit B which is attached hereto and by this reference made a part hereof. -1- ►, 3. Payment of Fee: The agreed upon fees will be paid by Owner to Consultant as the work progresses, based upon the work completed as follows: Consultant will submit itemized invoices on or before the 1st day of each month for all work completed the previous month. Owner will pay the invoices, less loo retainage, on or before the 20th day of the month of submission. The amount of retainage (10% of total com- pensation) shall be paid to Consultant within 20 days after acceptance by Owner of the completed work. 4. Time of Performance: Consultant shall commence work within two weeks after execution of this agreement and shall complete the scheduled work within 360 calendar days thereafter. Should Con- sultant be delayed in the time of performance for reasons beyond its control, an equitable adjustment to the time of performance will be made by Owner. 5. Standard of Performance: This study will be conducted according to current Federal Aviation Administration recognized planning procedures. It will meet airport master plan standards set forth by the Federal Aviation Administration in FAA Advisory Circular 150/5070-6 and 150/5900-1A. The Airport Master Plan will be in conformance with the latest National Airport System Plan and Alaska State Aviation System Plan except where modification to those plans results from this study. 6. Personnel: Consultant represents that he has, or will secure at his own expense, all personnel required in performing its services under this agreement. Owner has the right to reject any proposed subcontractor which it determines to be unsuitable. All services required under this agreement will be performed by Consultant or under Consultant's direct supervision. 7. Termination For Cause: Should Consultant fail to fulfill in timely and proper manner its obligation under this Agreement, or if Consultant shall violate any of the covenants, agreements or stip- ulations of this Agreement, or if the Federal Aviation Administration terminates or suspends the grant in whole or in part, or withholds payment, Owner may, by written notice, terminate or suspend this Agreement in whole or in part, or withhold payment. In such event, all finished or unfinished documents, data, studies, and reports pre- pared by Consultant under this Agreement shall become the property of Owner and Consultant shall be entitled to receive just and equitable compensation for any work completed on such documents. Notwithstanding the above, Consultant shall not be relieved of liability for damages sustained to Owner because of a breach of the Agreement by Consultant, and Owner may withhold payments to Consultant pending determination of the amount of damages due Owner. -2- B. Termination for Convenience of Owner: Owner may terminate this Agreement by notifying Consultant in writing by r-, certified mail. Termination to be effective seven (7) days after receipt of letter by Consnitant. If the Agreement is terminated by owner as provided herein, Consultant will be paid an amount which bears the same ratio to the total compensation to be paid hereunder as the services actually performed bear to the total services of Consultant covered by this Agreement. 9. Compliance with Applicable haws: In performing the work set forth on Exhibit A, Consultant shall comply with all appli- cable Federal, State and Local Laws and ordinances and shall commit no trespass on any public or private property. 10. Compliance with Regulations of the Department of Transportation: A. Consultant shall comply with the regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. B. In performing the work set forth on Exhibit A, Consultant shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrim- ination prohibited by Section 21.5 of the Regulations. C. In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a subcontract, inclduing procurements of materials or leases of equip- ment, each potential subcontractor or supplier shall be notified by the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. D. Consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of =� information, and its facilities as may be determined by the City of Kenai or the Federal Aviation Administration to be pertinent to •�; ascertain compliance with such Regulations, orders and instructions. Where any information required of Consultant is in the exnlusive possession of another who fails or refuses to furnish this infor- mation, Consultant shall so certify to the City of Kenai or the Federal Aviation Administration as appropriate, and shall set forth what efforts it has made to obtain the information. E. In the event of Consultant noncompliance with the nondiscrimination provisions of this Agreement, the City of Kenai shall impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: -3- I (1) withholding of payments to Consultant under the contract until Consultant complies, and/or (2) cancellation, termination or suspension of the contract, in whole or in part. F. Consultant shall include the provisions of paragraphs (10A) through (10F) in every subcontract, including procurements of materials and leases of equipment, unless exempted by the Regulations or directives issued pursuant thereto. Consultant shall take such action, wifh rasrect to any subcontract or prnetiramnnt, as the City of Kenai or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for non- compliance: Provides, however, that in the event Consultant becomes involved in or is threatened with litigation with a sub- contractor or supplier as a result of such direction, Consultant may request the City of Kenai to enter into such litigation to protect the interests of the City of Kenai, and, in addition, Con- sultant may request the United States to enter into such litigation to protect the interests of the United States. 11. Compliance with Provisions of the Civil Rights Act: Consultant hereby assures and certitifes that he will comply with Federal regulations, policies, guidelines, and requirements including OMB Circulars No's. A-87, A-95 and A-102, as they relate to the use of Federal funds for this Federally assisted project. Also Con- sultant assures and certifies with respect to the grant that: Consultant will comply with Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Consultant will comply with Title V1 of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. 12. Compliance with Other Federal Regulations: A. In comformance with AC 150/5900-1A, Appendix 11, Paragraph 4 b, Consultant assures that all contracts, amounts for which are in excess of $2,500., shall contain suitable provisions for termination by the grantee, including the manner by which it will be effected and the basis for settlement. in addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions beyond the control of Consultant. Such termination proceedings are described in Sections 7 and 8 of this Agreement. - 4- V r i 8. In conformance with AC 150/5900-1A, Appendix ll, Paragraph 4 d, Consultant assures compliance with Executive Order No. 11246, entitled "Equal Employment Opportunity," as supplemented in Department of Labor Regulations (41 CPR, Part 60). Consultant assures that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age. The grantee shall establish procedures to assure compliance with this requirement by Consultant and subcontractors and to assure that suspected or reported violations are promptly investigated. C. In conformance with AC 150/5900-1A, Appendix 11, �. Paragraph 4 1, Consultant assures that all negotiated contracts (except those of $2,500. or less) awarded by grantees shall include a provision to the effect that the grantee, the Federal Grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the contractor which are directly pertinent to a specific grant program for the purpose of making audit, examination, excerpts, and transcriptions. Such provision is so described in Section 13 of this Agreement. D. In conformance with AC 150/5900-1A, Appexndix 11, Paragraph 4 J, Consultant assures compliance with applicable regu- lations and standards of the Cost of Living Council in establishing wages and prices. The submission of a bid or offer or the submittal of an invoice or voucher for property, goods, or services furnished I under contract or agreement with the grantee shall constitute a cer- tification by him that amounts to be paid do not exceed maximum i allowable levels authorized by the Cost of Living Council regulations or standards. It is understood by the Consultant that violations shall be reported to the grantor agency and the local Internal Revenue Service field office. E. in conformance with AC 150/5900-1A, Appendix 11, Paragraph 4 k, Consultant assures that any contracts and subgrants of j amounts in excess of $100,000. shall comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. it is understood by Consultant that violations shall be reported to the grantor agency and the Regional Office of the Environ- mental Proteetional Agency. t 13. Interest of Consultant: Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, within the affected planning area, or any parcels therein, or any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed. 14. Ownership of Findings: All of the reports, information, data, etc., prepared or assembled by Consultant under this Agreement are the property of Owner and Consultant agrees that they shall not be made available to any individual or organization without the prior �-� approval of Owner. - 5- ----- ----' - _..��---r� � � -- •gni. u q I! 15. Notices of Authorizations: All published material such as reports, maps, and other documents prepared in connection with this Agreement .shall contain a standard notice that the material was prepared under an Airport Planning Grant provided by the Federal Aviation Administration and the Alaska Division of Aviation. Consultant and Owner shall make these documents available to examination by the public. In addition, no material prepared in connection with this Agreement shall be subject to copyright in the United States or in any other country. The Federal Aviation Administration or Owner shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials pre- pared with Airport Planning Grant Funds. All material produced, and that furnished by Owner, shall become or remain the property of Owner and shall be delivered by Consultant to Owner within 20 days of com- pletion of the work. 16. Books and Records: Consultant will at all reasonable times make its books and records available for inspection to Owner or to the Federal Aviation Administration and the Alaska Division of Aviation. 17. Parties to Contract: Although this Agreement must be reviewed and approved by the Federal Aviation Administration, Owner and Consultant agree that said agency is not a party to this Agreement. Neither said agency nor the Alaska Division of Aviation is a party to this Agreement. 18. Waiver: No waiver of a breach of any covenant, term or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or as a waiver of the covenant, term or condition itself. 19. Successor Interests: The covenants, conditions and terms of this Agreement shall extend to and be binding upon and inure to the benefit of the heirs, personal representative and assigns of the parties hereto. 20. Litigation Fees and Expenses: In the event suit or action be instituted to enforce any of the terms or conditions of this Agreement, the losing party shall pay to the prevailing party, in add- ition to the costs and disbursements allowed by statute, such sum as the court may adjudge reasonable as attorney fees in such suit or action, in both trial court and appellate courts. IN WITNESS WHEREOF, Owner and Consultant have executed this Agreement as of the day of , 1977. CONSULTANT McCLURE/NIXON/FARR By I AF Date: 1-lxw_&� A, /077 -6- OWNER CITY OF KENAI By: Date: CITY OF KENAI RESOLUTION NO. 77-32 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE ACCEPTANCE OF THE AMENDED GRANT ON THE FOREST DRIVE WATER LINE IN THE AMOUNT OF $105,334. , WHEREAS, Ordinance No. 321-76 appropriated funds in the amount of $105,334 for the construction of the Forest Drive Water Line, and WHEREAS, the State of Alaska, Department of Environmental Conservation, has agreed to grant the City $52,667 for this project, and WHEREAS, the City's portion of this project will also be $52,667. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City hereby accepts the grant offer from the State of Alaska, Department of Environmental Conservation, in the amount of $105,334 for the construction of the Forest Drive Water Line. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March, 1977. ATTEST: Sue C. Peter, City Clerk JAMES A. ELSON, MAYOR CITY OF KENAI, ALASKA RESOLUTION NO. 77-33 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING THE DONATION OF A 3-M MICROFICHE READER TO THE KENAI COMMUNITY LIBRARY FROM THE KENAI LIONS CLUB. ' WHEREAS, the Kenai Lions Club has donated a 3-M Microfiche Reader to the Kenai Community Library, and WHEREAS, this Microfiche Reader will allow patrons of the library a more efficient method of research on various types of reference materials. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that sincere thanks and gratitude be extended to the Kenai Lions Club for the donation of a 3-M Microfiche Reader to the Kenai Community Library. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March, 1877. JAMES A. ELSON , MAYOR ATTEST: Sue C. Peter, City Clerk --- .... _ I f h_ AGREEMENT FOR OPERATION OF RFRT-A-(:AR RUSINVSS # THIS AGREEMENT mode and entered into this _ dnv of_ f 1977, by and between ALASVA SALFS to SFRVICF, INC., an AInskn eornro•ntinn. j hereinafter called "National" rind the r.ITY OF wFV4,1, n home -rule mitnioipnl corporation of the State of Alnska . hereinafter called "pity" . WHEREAS, by Agreement dated February 1. 1977, National has i contracted with Alaska Aeronautical Industries, Inc. (AAI) to have AAI operate National's rental car business in Venni, and, i WHEREAS, AAI leases space in the m(enai'7unicipal Airport from the City to operate scheduled air carrier service, and WHEREAS, additional space is not needed by AAI to operate the car rental business. e NOW THEREFORE., in consideration of the foregoing and of the mutual promises herein contained, the parties hereto agree as follows: 1. City hereby authorizes Notional to conduct a rent -a -ear business in the Kenai Municipal Airport through \ntionnl's ngent AAI. Such bliciness shall be conducted in the terminal space now nceupled by AAI by lence dated January 6, 1977 and recorded at Rook 104, Pnvp 203, Irenai Veenrdfnlr "irstrict, and upon the parking lot space authorized herein. 2. National's rent -a -car business shall he conducted in aceordnnep with this Agreement and with the AP,reement between N:ndonnl nnf1 A AI steterl February 1. 1977, a copy of which has been furnished to the city. 3. National shall pay to the city 109: of its errnss receipts on rental transactions for the privilege of conducting the business authnrizeA herein and pay 13% of gross reeripts from the snlo of personal aceident ins+Irnnce. Payments shall be made by the. 15th of each month for the month nree"dint► and shall be accomplished by a sppsrnte certified stntement sbowinir Gross receipts from the business herein authorized for the month for whieh payments are made, if any such certified stntements Orn found to be incorrect statements of gross receipt" fnr the month involved. any ndditionnl amount determined to be due the city shall ba immedintely paid to the city by National and any amount of overpavment by National shall be. credited against the next monthly payment due the City under this agreement. 4. National shall furnish to the Airport Manager. for auditing purposes, the block of contract numbers that will be used for car rental agreements covering business originating at the Nonni -municipal Airport, and shall further advise the Airport *'manager when additional contract numbers are assigned for the Airport operations. 5. The following definitions shall npply for purposes of the agreement: "Rent-a-()ar Business" shell 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 bps snoarate agreement, and any extention of use by the rentor of the period of time orif;inolly contracted for shall be considered a separntn rentni trans,1etfr.n. "(3ross receipts" of the rpnt- a-car business shall be the total amount of th- time and mileage charges on car rental transactions. F _ _ i� 3� I -I 1 ! � i; i 's r 6. National shall have the right to use parking spatia for one vehicle, j as a drop at a convenient point near the Terminal puilding as designated by the Airport Manager, with space designated in other parking areas for not more than ten vehicles. 7. The term of this agreement shall be for four (4) Years hovinnine January 1, 1977 and terminating .lune 30, 1981. Either pnrty shall hnve the right to cancel this agreement for any retowin upon 60 days written notice to the other party. S. National shall be responsible for insuring that Its ngpnts 11nc+n the area in which its services are offered or the public area in a neat and presentable manner. Alterations of the arra 1vRed shall he made ou„Runnt to the lease between AAI and the city. 9. National, for itself. its successors in interest, and ncRiirns. as a part of the consideration hereof, does herehy aorpe that no nersnn on the grounds of race. color, or national origin shall by pucluded from pnrtieipation in. denied the benefits of. or be otherwise subjected to diReriminntion in the use of said facilities and that National shall use the Premises in compliance with all other requirements imposed by or uursuRnt to Title 49. r.,rle of Federal Regulations. department of Transportation, Subtitle A. office of the Secretary, Part 21, Nondiscrimination in Federolly-Assisted provramR of the ttrpartment of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 10. in the event of breach of any of the provisions of this ngreement by National, City shall, upon five (5) days written notice to National, have the right to cancel the priveleges granted heroin. CITY OF KENAI 11v rITY MANAMR STATE OF ALASKA ) se. THIRD JUDICIAL TIISTRICT ) On this day of , 1877, before me personally appeared . known to be the person whn executed the above Agreement. and the neknowledged that he (she) had the authority to sign, for the purpose stated therein. NOTARY PUBLIC FOR ALARKA My Commission Fxpiros: 0 IN I. I -I 1 6. National shall have the right to use parking spatia for one vehicle, j as a drop at a convenient point near the Terminal puilding as designated by the Airport Manager, with space designated in other parking areas for not more than ten vehicles. 7. The term of this agreement shall be for four (4) Years hovinnine January 1, 1977 and terminating .lune 30, 1981. Either pnrty shall hnve the right to cancel this agreement for any retowin upon 60 days written notice to the other party. S. National shall be responsible for insuring that Its ngpnts 11nc+n the area in which its services are offered or the public area in a neat and presentable manner. Alterations of the arra 1vRed shall he made ou„Runnt to the lease between AAI and the city. 9. National, for itself. its successors in interest, and ncRiirns. as a part of the consideration hereof, does herehy aorpe that no nersnn on the grounds of race. color, or national origin shall by pucluded from pnrtieipation in. denied the benefits of. or be otherwise subjected to diReriminntion in the use of said facilities and that National shall use the Premises in compliance with all other requirements imposed by or uursuRnt to Title 49. r.,rle of Federal Regulations. department of Transportation, Subtitle A. office of the Secretary, Part 21, Nondiscrimination in Federolly-Assisted provramR of the ttrpartment of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 10. in the event of breach of any of the provisions of this ngreement by National, City shall, upon five (5) days written notice to National, have the right to cancel the priveleges granted heroin. CITY OF KENAI 11v rITY MANAMR STATE OF ALASKA ) se. THIRD JUDICIAL TIISTRICT ) On this day of , 1877, before me personally appeared . known to be the person whn executed the above Agreement. and the neknowledged that he (she) had the authority to sign, for the purpose stated therein. NOTARY PUBLIC FOR ALARKA My Commission Fxpiros: 0 IN 1 I LRSSF.F ALASKA SALFSj Srl?VICF:, INC. i• i STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) i Refore me. the undersigned, a Nntnry Pu lie in and for the Rtate of Alaska, on this day personally appeared = whose name to subscribed ► the forovoint~ Tense, who being duly sworn. did say that he ts,3} is th�.i;"resident and i of/,;p 1 S/mac I ., j.: = y t•4 %-4"-e+mncny, a corporation. anti a%knowledged to me that he (+}.executed said Tense ns his Moo.) free net and deed in his (haty said capacity, and the free not anti deed of said entiporntion. for the purposes stated therein. OVEN i NI)FR MY 4A41) Awn sPAI, nF nFcICE. this � �� tiav of • NOTARY PURLIC FnR ALASKA Aly Commission Expires: - have read the foregoing lease agreement and approve its intent and inclusion as an addenda to the lease between the rITY nt: KvNAI inti ALASKA AERONAUTICAL. iNDUSTRIFS, INC.. dated January S, 1977 nnA recorded in Book 104, Page 203, Kenai Recording nistrict. ALASKA AMMAT t. nTTcT r•-,, vNr, M CITY OF KENAI 1 i RESOLUTION NO. 77-30 3i r j A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING FOR A "MEAL ON IVHEELS" ADDITION TO THE SENIOR CITIZEN NUTRITIONAL PROGRAM. WHEREAS, the Sr. Citizen Nutritional Program, as initiated, is only able to l provide meals for those who can physically attend, and WHEREAS, there are those Senior Citizens who are housebound, therefore, unintentionally barred from participating, and WHEREAS, while the program, as envisioned, did not provide for a "Meal on Wheels" program, however, there are funds available to meet the extra costs of such a program. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, that a "Meal on Wheels" program is hereby approved for implementation. BE IT FURTHER RESOLVED that the contract with the Church of Jesus Christ, Latter Day Saints/Kenai Branch, be amended to provide for such service as per schedule attached and incorporated herein by reference. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of March, 1977. JAMBS A. ELSON , MAYOR ATTEST: Sue C. Peter, City Clerk 0 f V- - Church of Jesus Christ of Latter-day Saints Kenai Branch Box 3279 Kenai, Alaska 99611 Mr. John Wise City Manager City of Kenai Kenai, AK 99611 Dear Mr. Wise, We are prepared to initiate the Senior Citizen's Meal Delivery program on the following contract basis: 1 through 4 meals $12.00 per day 5 through 8 meals 18.00 per day 9 through 12 meals. 24.00 per day 13 through 16 meals 30.00 per day Yours truly, Ray ticCubbins, Site Manager A- CITY OF KENAI "'Od Cap" 4 4i6"" P. O. BOX $90 KENAI. ALASKA 99611 TELEPHONE 203 • 7635 Kenai Senior Center Kenai, Alaska 99611 March 11, 1977 Councilmen; We are now equipped and prepared for delivery of Nutrition meals to the eligible Senior Citizens. In as much as this is a part of the Title VII grant,, it is necessary that we initiate this program immediately. Therefore, we would appreciate you consent to begin delivery of meals on or before March 21, 1977. Very truly yours, Pat Porter, Project Director Title III d Ray McCubbins Site Manager Title VII 11 A'. L] CITY OF KENAI RESOLUTION No. 77-34 , A RESOLUTION OF THE COUNCIL OF THF CITY OF KFNAI, AI.AgkA, APPROVING THE ATTACHED SENIOR CITIZENS PRInGRAM 13UnGFT ANn AUTHORIZING THE CITY MANAGER TO APPLY IN BEHALF OF THF CITY FOR STATE ANY) FFDFRAL ASSISTANCE TO IMPLEMENT THE PROGRAM. WHEREAS, the City of Kenai has been conducting a successful Senior Citizen Program for the Greater Kenai Area, Title III and Title VII, Older America Act, and WHEREAS, these programs are funded through the State of Alaska, 75% and 90% for Title III and Title VII, respectively, and WHEREAS, it is the desire of the Council to continue and expand these successful programs. NOW, THEREFORE BE 1T RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is hereby authorized and directed to submit an application to the State of Alaska for both programs in the gross amount of $171,098.00, which is the sum of Title III ($34,905.00) and Title VII ($136,133.00) programs. Further, that a 25$, share of Title III and a 10% share of Title VII shall be funded by the City in support of this program benefitting the Greater Kenai Area. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 1977. ATTEST: Sue C. Peter, City Clerk JAMES A. F.LSONt MAYOR 1 1 L3 31 /1 1! '1 i CITY OF KENAI RESOLUTION No. 77-34 , A RESOLUTION OF THE COUNCIL OF THF CITY OF KFNAI, AI.AgkA, APPROVING THE ATTACHED SENIOR CITIZENS PRInGRAM 13UnGFT ANn AUTHORIZING THE CITY MANAGER TO APPLY IN BEHALF OF THF CITY FOR STATE ANY) FFDFRAL ASSISTANCE TO IMPLEMENT THE PROGRAM. WHEREAS, the City of Kenai has been conducting a successful Senior Citizen Program for the Greater Kenai Area, Title III and Title VII, Older America Act, and WHEREAS, these programs are funded through the State of Alaska, 75% and 90% for Title III and Title VII, respectively, and WHEREAS, it is the desire of the Council to continue and expand these successful programs. NOW, THEREFORE BE 1T RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is hereby authorized and directed to submit an application to the State of Alaska for both programs in the gross amount of $171,098.00, which is the sum of Title III ($34,905.00) and Title VII ($136,133.00) programs. Further, that a 25$, share of Title III and a 10% share of Title VII shall be funded by the City in support of this program benefitting the Greater Kenai Area. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 1977. ATTEST: Sue C. Peter, City Clerk JAMES A. 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'a%aII i _.•..__ 1— —I _ __;.._..--'-6- -�1 � a 60..____�oit.C._i80...._-- ---e?0.0 P.o,�_�--�_ /!o« .4�0., -t •--,--'�•- ..+ ----•---�� - 8_ Ti—_ADO. 07.__ ; ,� — I -1_� :_/.108 _!�_ a.9. _.::_ _. .__—/97.._ '13 .- � itAa•op sA_._�L?n��___L$4— _ /96 ._ � :_� _.(oG';_ !1 I :.:_ � GS f .. _.: 6S _ .. .-----�,0-_ I� ie ESM"av_>c/ /S90 'I to/S ' 507,Ji !/73 A7S le : PAO 19 Iz► So - 2 3/>—' 5'z' Y_ 37.. 21 BSo2e i Uis VWA of I& avdtil Io, .2»�__ i 1 i �25 6 kr. Nl.4r. ?J..s QrC. I `�I /9.900 ! � wl�/S .I 953' 'I ` �a%� ' /��?� • l•29 30 311132) 33 134 35 3 8 _ ! . t r 38 39 I I | Instills DAIC �mvpawoo, , ~ .wmvwedw,� / ! !32 / /31 | -4ij 33 34 35 36 31 38 1 � r 1 Induls Pat prepared By . �Dp�ovrd By 000 6000 ! ?000~�oleo 380o r 700 ySS 7� — it j'16- v[f•»1%uc..a�i.. %O �Ga, ?aw.• _ Lig -./.ado is I SW4. 20 x!21 J-000� /000 _3�d D _ X000 _ _ p o , 22 _Lz lamBSo 24 25 0'26 +-- ---W 29 7300 5470 /:•%7a 30 AIN FOoliQon -- o?5'Oo0 I I asC� ' 3339` 34 35 36 37 I I a City Council 1 I Council on Aging Mayor i Project Director Information and Outreach I Referral Asst. Worker Driver I Site Manager Hostess/ Cooks Waitress N MEALS SERVED: White Native Total RESERVATIONS TAKEN: UNDUPL. ATTENDANCE: r Seniors Guests ' Total � i +`um+c/ai�*Ya. Lind<.ao. %sorts MILES DRIVEN: z PERSONS TRANSPORTED: INCOME: Guests Donations Total 10 SENIOR CITIZENS WEEKLY REPORT NUTRITION PROGRAM STATISTICS For Pay W cr. KV Jk f 1 13 !O /01 (1 $ 71 1 //�l j/3,z /.37 11j4 11,?�t I I I Ile. I I /6'71 /A2 1 � :' 1 -71 11111.$-7 640 rf OPo X:r Im ��✓.�a � �%6'�#o id''�it go dd' �n � �?j°v � j �f �'a"1 f ! ��" oa 1 � f 640 rf OPo X:r Im film A_. PERSONNEL TIME ALLOCATION % MULS ._.f:__ _.. __� _ » .� �.._ .. __tea � .. n. q Sall T c��000�-o A SERVICES to 11 12 :3 Transp Nut 11offle Legal Arts Adnin 1 4 Outreach Slop Educat. Health :-Recreat!Servicas Crafts It 10 1 0 20 4 *5 4 i •--- ' I _ � . _} .. .. .. QIP - � : (___ � i_! ��-1(�P ��. ; _ ;. to�- -JU t+ t 4 .- F J 12 —7- 1i n as 7-1 Admin Center Deliv PAID PERSONNEL li Project Director T• ;Ili } i 4 Info & Referral Worker I 1i uutreach I. Site Manager str--s, I'Driver 2C 9 r! Cook 0 8 jVOLUXTEER PERSONNEL Volunteer driver 161. Volunteer driverlOC _­ i l Iiiiiiiii W, a-it-r-es—s --Kenai 71 I iif _ f Is I t ._.f:__ _.. __� _ » .� �.._ .. __tea � .. n. q Sall T c��000�-o A SERVICES to 11 12 :3 Transp Nut 11offle Legal Arts Adnin 1 4 Outreach Slop Educat. Health :-Recreat!Servicas Crafts It 10 1 0 20 4 *5 4 i •--- ' I _ � . _} .. .. .. QIP - � : (___ � i_! ��-1(�P ��. ; _ ;. to�- -JU t+ t 4 .- F J 12 —7- 1i n as 7-1 CITY OF KENAI RESOLUTION NO. 77-36 A RESOLUTION OF THE CITY OF KENAI. ALASKA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO MAKE. APPLICATION FOR A STEP #1 SEWERAGE TREATMENT STUDY. WHEREAS, the Federal and State Governments sponsor, through grant monies studies, surveys and construction to upgrade and implement the Federal Water Control Act, and WHEREAS, it has been determined that the city of Kenai needs to analyze and upgrade its sewage treatment systems, and WHEREAS, the Kenai Peninsula Borough has indicated its desires to participate in such a study relative to determination of needs and economic feasibility of service to other borough areas outside the City, in addition to Wildwood , and WHEREAS, the program eligible costs are borne 871/2% by the State and Federal Governments, with 12 1/2% borne by the local municipalities, in this case shared based in a population formula between the City and the Borough. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the City Manager is hereby authorized and directed to apply to United States Environmental Protection Administration for a Step #1, Sewerage Planning Grant in the gross amount of $75,890.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 1977. .TAMPS A. FLSON, MAYOR ATTEST: Sue C. Peter, City Clerk Ti.—imiunin La I I CITY OF KENAI RESOLUTION NO. 77-35 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PETITIONING THE KENAI PENINSULA LEGISLATIVE DELEGATION TO SPONSOR AND ENACT LEGISLATION TO LP1IT TORT LIABILITY OF THE MUNICIPALITIES. WHEREAS, recent State Qupreme Court decisions have held municipalities liable for failure to fully exercise and implement inspection procedures, and WHEREAS, there is no acknowledgement of a good faith effort, and WHEREAS, the now presumed legal liability threatens the very existence of a municipality. NOW, THEREFORE RE IT RESOLVED by the Council of the City of Kenai, Alaska, that the Honorable Clem Tillion, Leo Rhode, iiugh ?'[alone are hereby petitioned to seek legislative action to limit the tort liability of those municipalities engaged in inspection activities. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 1877. JAMES A. F.LSON , MAYOR ATTEST: Sue C. Peter, City Clerk 0 CITY OF KENAI RESOLUTION NO. 77-36 A RESOLUTION OF THE CITY OF KENAI, ALASKA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO MAKE APPLICATION FOR A STEP #1 SEWERAGE TREATMENT STUDY. WHEREAS, the Federal and State governments sponsor, through grant monies studies, surveys and construction to upgrade and implement the Federal Water Control Act, and WHEREAS, it has been determined that the City of Kenai needs to analyze and upgrade its wastewater collection, treatment and disposal system, and WHEREAS, the Kenai Peninsula Borough has indicated its desires to participate in such a study relative to determination of needs and economic feasibility of service to other borough areas outside the City, in addition to Wildwood, and WHEREAS, the plan study is to be developed in accordance with the requirements of Public Law 92-500, and will set forth facilities required to serve the needs of the area, and WHEREAS, the program eligible costs are borne 87k% by the State and Federal governments, with 12h% borne by the local municipalities, in this case shared based in a population formula between the City and the Borough. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the City Manager is hereby authorized and directed to apply to the United States Environmental Protection Administration for a Step #1 Sewerage Planning Grant in the gross amount of $82,640.00, and execute the necessary grant agreements and other documents as necessary to this wastewater facilities planning grant. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March, 1977. i ATTEST: Sue C. Peter, City Clerk ;i I JAMES A. ELSON, MAYOR 9 0 I- CITY OF KENAI —-""'�--- �-•n-e_+-.<i�i__e Uc WN".111,0 RESOLUTION NO. 77-37 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FOR A CONTRACT TO EXECUTE A STEP #1 SEWERAGE PLANNING GRANT AND A STEP #2 GRANT APPLICATION WHEREAS, the City of Kenai has retained CH2AR Hill to prepare a Step #1 Planning Grant Application on a per Bien and direct cost basis, and WHEREAS, the Step #1 Grant Application has been prepared and submitted to the City Council for approval. and WHEREAS, the City has directed the grant application to be forwarded to the appropriate State and Federal agencies for this project, and WHEREAS, the State and Federal share shall be 87 1/2% of the grant eligible costs of the total project, and WHEREAS, the Kenai Peninsula Borough has agreed to participate in the 121/20 local share in a population formula. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the contract attached hereto and incorporated by reference to approved subject to approval of the project by the State and Federal Grant - to wit: Grant Eligible: FACILITY PLAN $65,372.00 PROGRAM MGMT . 61168.00 Total Grant Eligible $72,140.00 and o"'r Grant Eligible -Step 2 Grant Application 4,500.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of March, 1977. ATTEST: Sue C. Peter, City Clerk JAMES A. ELSON , MAYOR a 11 �I i i r! CITY OF KENAI —-""'�--- �-•n-e_+-.<i�i__e Uc WN".111,0 RESOLUTION NO. 77-37 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FOR A CONTRACT TO EXECUTE A STEP #1 SEWERAGE PLANNING GRANT AND A STEP #2 GRANT APPLICATION WHEREAS, the City of Kenai has retained CH2AR Hill to prepare a Step #1 Planning Grant Application on a per Bien and direct cost basis, and WHEREAS, the Step #1 Grant Application has been prepared and submitted to the City Council for approval. and WHEREAS, the City has directed the grant application to be forwarded to the appropriate State and Federal agencies for this project, and WHEREAS, the State and Federal share shall be 87 1/2% of the grant eligible costs of the total project, and WHEREAS, the Kenai Peninsula Borough has agreed to participate in the 121/20 local share in a population formula. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the contract attached hereto and incorporated by reference to approved subject to approval of the project by the State and Federal Grant - to wit: Grant Eligible: FACILITY PLAN $65,372.00 PROGRAM MGMT . 61168.00 Total Grant Eligible $72,140.00 and o"'r Grant Eligible -Step 2 Grant Application 4,500.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of March, 1977. ATTEST: Sue C. Peter, City Clerk JAMES A. ELSON , MAYOR a r e__ i LEASE OF AIRPORT LANDS Olt FACILITIES THIS AGREEMENT. entered into this day of 19 . by and between the CITY OF KENAI. a home -rule municipal corporation ofAlaska, hereinafter called "City", and ANDY'S FLYING SERVICF.. an Alaskan Corporation hereinafter called "Leisee". That the City, in consideration of the payments of the rents and the performance of all the covenants herein contained by the I.rsspe, does hereby domino and lease to the Lessee the following described property in dw Kenai Recording District, State of Alaska; to wit: Lot 4, Block S, General Aviation Apron Section 32, Township 6 North, Range 11 West, Seward Meridian, as filed in the Kenai Recording District, State of Alaska i Term: The term of this Lease is for SS years, commencing on the _1= day of Apri t 1977, to the 30th day of f� tune 2022 , at the annual rental of S 1.166. SO Payment: Subject to the terms of General Covenant Ko. to of this Lease. the rental specified herein shall be payable as follows: (e) Right of entry and occupancy is authorized as of the Is t day of Aurin . 1977. and the first rent shall be computed from aitch date until June 30, 19 , at the rate of S 3.20 per day for 91 days. equals $ 7ot_9s now duo. (b) Annual rent for the fiscal year beginning July 1 and -ndinq June 30 shall be payable in advance, on or before the first day of July of geali year. (o) Rental for any period which Is less than one (1) year shall be perorated, based on the rate of the last full veor. (d) The rent specified herein IF; calculated as follows: 23.330 square feet at $ .05 per square foot per year, or _i.166.,so per year. s I in addition to the rents specified above, subject to neneral i 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: see Schedule PA", attached. (b) Applicable taxes to leasehold interest or other aspects. (e) Bales 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 i property . I (e) Interest at the rate of eight percent (13%) per annum and ten pereont (l0%) penalties on any amount of money owed under this Lease which is not paid on or before the date it becomes due. (t) Additional charges as act forth in Schedule A. attached. Page Ono. LEASE RovisiT 4429/76 r a 1 4. Commitment for Rent and Von -Assignment: Lossoe agrees iE to pay the annual rental and fees specified and not to assign this lease or any part, nor let, nor sublet, either by grant or tmplfcation, 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 venal Plnnninc commission, final approval of transfer by the city Council. Any assignment in violation of this nroviainn shall be void, entl shall be grounds for cancellation of this Lesse by the city. 5. Treatment of Demise: The Lessee agrees to keep the promises 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. 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. 7. Construction Approval and Mandards: 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. I Pago Two, LEASE I initiels��� _ f Losec o� ' Lessor: ` Revision 4/29/70 b i_ f f� J The purpose for which this Leaso Is issued is: Aircraft tic -downs, aircraft maintenance and machine shop and office building. GENERAL COVENANTS 1. Uses: Except as provided heroin, 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 deshrnnted by the ritv for specifiers ipublic uses, such as passenger terminals, automobile porkino. areas Mad streets. 2. Uses Not enntempinted P"nl:ibiteft: sop ttation of donntinna or the promotion or operation of any part or kind of husinpss or commercial enterprise, other than as specifically set forth herefn, upon. fn or above airport lands. without the written consent of the city Is prohibited. 8. Impounding of Pronerty: Any or all nersonal or real nope-tv i� placed or used upon lands or in facilities in violation of prohibitions may be removed and/or impounded by the Pity, and when no 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 41.00 li per day, or $5.00 per day in the case of each building or each stirernft in 6 excess of 0,000 pounds gross weight, or in the case of env other kind of { property, an amount not to exceed 55.00 per day. or in accordenee with such !; higher fees as may be incorporated into regulations of City's Airport. 1 4. Commitment for Rent and Von -Assignment: Lossoe agrees iE to pay the annual rental and fees specified and not to assign this lease or any part, nor let, nor sublet, either by grant or tmplfcation, 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 venal Plnnninc commission, final approval of transfer by the city Council. Any assignment in violation of this nroviainn shall be void, entl shall be grounds for cancellation of this Lesse by the city. 5. Treatment of Demise: The Lessee agrees to keep the promises 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. 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. 7. Construction Approval and Mandards: 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. I Pago Two, LEASE I initiels��� _ f Losec o� ' Lessor: ` Revision 4/29/70 b i_ LESSFF. STATE. OF ALASKA ) ' 89. . THIRD JUDICIAL. DISTRICT ) On this /q�A day of Com_. 19_x, hefnre me personally appeared ,ice-„..� known to be the perann who executed the above Lease unit net:no!vi(Idevd thtl he (4he) had the - authority to sign the same. for the purpose; stated therein. NOT RPl'BLIC Ft) A5i;:1 My Commission Expires: ACKNOWLEDGMENT FOR HUSBAND AND WIFF STATE OF ALASKA ) es. THIRD JUDICIAL DISTRICT ) Before me, the undersigned. a Notary Public in and for the State of Alaska, on this day personally appeared and . husband and wife, both known to be the persons whose names are subscribed to the forePoing Lease, and ne:tnowiedgeti to me that they executed the same as their free and voluntary act ami deed. and for the purposes and considerations therein expressed. GIVEN UNDER MY HAND A%D SEAL OF OFFICE, this day Of . 19 NOTARY PUBLIC FOR ALASKA My Commission Fxpires: page Nino. LEASE. Revision 4/29/76 I► H I L l L , 1 i LESSFF. STATE. OF ALASKA ) ' 89. . THIRD JUDICIAL. DISTRICT ) On this /q�A day of Com_. 19_x, hefnre me personally appeared ,ice-„..� known to be the perann who executed the above Lease unit net:no!vi(Idevd thtl he (4he) had the - authority to sign the same. for the purpose; stated therein. NOT RPl'BLIC Ft) A5i;:1 My Commission Expires: ACKNOWLEDGMENT FOR HUSBAND AND WIFF STATE OF ALASKA ) es. THIRD JUDICIAL DISTRICT ) Before me, the undersigned. a Notary Public in and for the State of Alaska, on this day personally appeared and . husband and wife, both known to be the persons whose names are subscribed to the forePoing Lease, and ne:tnowiedgeti to me that they executed the same as their free and voluntary act ami deed. and for the purposes and considerations therein expressed. GIVEN UNDER MY HAND A%D SEAL OF OFFICE, this day Of . 19 NOTARY PUBLIC FOR ALASKA My Commission Fxpires: page Nino. LEASE. Revision 4/29/76 I► H I L CORPORATION ACKNOWLFI)GEMENT STATE OF ALASKA ) ) ss. THIRD JUDICIAL. DISTRICT ) Before me, the undersigned, a Notary Public in and for the State of Alaska, on this day personally appeared _%JAvjfl k h,l-i.,lati P and Lus�Aa AAmaa.'�i , known to me to be the persons and officers whose names are subscribed to the foregoin Leas, who being duly sworn, did say that they a e the President and , ^ - respectively, of �#-')V ✓fin';: 7'r e�c- Company, a corporation, and acknowledged to me that they executed said Lease as their free act and deed in their said capacities, and the free act and deed of said corporation. for the purposes stated therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this MP4day of f1/�i,c�►f� , I9 �.- J (::?>1141—`'2 "tNOTARY PUBLIC FOR AL491CA My Commission Expires: APPROVED AS TO FORM by City Attorney, this day Of lie ' CITY ATTORNEY i INITIAL LEASE APPROVED by City Council. this day j Of • i9__ CITY CLERK ASSIGNMENT APPROVED by Kenai Planning Commission. this _day of . 19_ ASSIONMENT APPROVED by City Council, this day Of '10 CITY CLERK Page Ten, LEASE Revision 4/20/76 0 I 4 t W . SCHEDULE "A" Assessments for sewer have been levied against Lot 4, Block S, General Aviation Apron in the City of Kenai, Alaska. Lessee agrees to assume the assessments as levied in 1974 for Sewer Improvement District Number 73-S3. Payments of the aforesaid assessments shall total $1,524.88 for Lot 4, Block 5, CAA and payments shall be made by lessee as stated in the following payment schedule: LOT 4 BLOCK 5 GAA Principal Interest Total On execution $102.98 $87.63 $190.61 4-1-78 111.22 79.39 190.61 4-1-79 120.12 70.49 190.61 4-1-80 129.73 60.88 190.61 4-1-81 140.11 50.50 190.61 4-1-82 151.32 39.29 190.61 4.1-83 163.42 27.19 190.61 4-1-84 176.49 14.12 190.61 The first payment for the year 1977 is due and payable when the lease is signed. Interest on the prinicpai portion of the unpaid installment amounts shall accrue at the rate of 81 per annum from the schedule due date to the date of payment. A penalty of 10'1 of the unpaid annual installment shall be assessed for any amount paid after the schedule due date. INITIALS: !./" LESSEE LESSOR s M LA SCHEDULE nate Lessee shall observe, obey and comply with the Kenai Municipal Airport Regulations and any of its amendments as enacted by Ordinance by the Council of the City of Kenai, Alaska. INITIALS: LESSE LESSOR I t i f F i 1 f I t i f 0 A IN a ' - {'a . 1':D.112 U.S. 1 i 1•A It I it 'If11:Y. IQ -741 VCVIlU14 UI. V1 t.11•M1.111 M t4 1 rlI t t.t1M1 APIAINI:.IIIAIlots HI 1IHUIf_l t//��No, EUA QV7-01-O1GS4 A PERIODIC ESTIMATE FOR PARTIAL PAYMENT COI/TNACT No. ryYSAL1C AND LUCAIION OF HHOIL• CT YyOntract A of. City of Kcnai._improvements to Water Supply and Distribution System - 1976 I! NAME AND AUDHE55 OF CON TRA#;1014 I INTERSTATE COMPA.WY, INC., P.O. Box 4-1438, Anchorage, Alaska 99509 II PERIODIC ESTIMATE NO. *X0-i!Z- FOR PERIOD Jan. 31. 19 77 , To Feb. 28. 1977 . 1. COST OF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT ONLY ,,.. ' Entries must be limited to work and costs under the original contract only. (Cork and cost data under change orders is to be shown in fart 2 of this form.) Columns (1) through (5). Enter data show•II in columns 1, 2, 3, 8 and 9, respectively, on Form ED -1I I prepared by Contractor. Columns (6) and (7). Show all work completed to date under original contract. i Column (8). linter the difference between entries in Columns (5) and (7). i Column (9). Show percent ratio of column (7) to column (5). I ' CONTRACT COMPLETED TO DATE COST OF ... ITEM DESCRIPTION OF ITEM _i • NO. QUANT. COST PER TOTAL COST QUANT. TOTAL COST UNCOMPLETED YORK COMP UNIT UNIT oil 121 131 UI 161 101 171 137 191 1. Clearing 1 LS 11,000.00 100 11,000 -0- 100 2. Excavation 1 LS 20,000.00 100 20,000 -0- 100 ' 3. Backfill 1 LS 25,000.00 100 25,000 -0- 100 --4. Gravel 1 LS 20,000.00 1 -0- -0- 2p, 000 -0- 3. Culverts 50 LF 3,000.00 -0- -0- 3,000 -0- 6. Concrete 50 CY 35,000.00 50 35,000 -0- 100 # 7. Footing Insulation 1 LS 3,000.00 100 I 3,000 -0- 100 8. Clean and Paint Tank 1 LS 10,000.00 70 7,000 3,000 70 9. Tank relocate 1 LS 25,000.00 100 25,000 -0- 100 10. Well house relocate 1 LS 45,000.00 100 45,000 -0- 100 11. Remove & install l"xl6" i Exp. P1. 1 LS 5,000.00 100 5,000 100 12. insulate tank ceiling 1 LS 7,000.00 -0- -0- 7,000 -0- 13. Furnish & install leanto 1 LS 12,000.00 -0- -0- 12,000 -0- 14. 2" Spray insulation 1 LS 7,000.00 -0- -0- 7,000 -0- * 15. Paint 1 LS 8,000.00 75 6,000 2,000 75 16. Guard Posts 1 LS 3,000.00 -0- -0- 3,000 -0- 17. Modify Well No. 1 a. Ditch lining 1 LS, 4,000.00 -0- -0- 4,000 -0- b. Const. weir box 1 LS 6,500.00 -0- -0- 6,500 -0- c. TV inspection 1 LS 3,000.00 -0- j -0- 3,000 -0- d. 48 -hr. Air develop 1 LS 8,000.00 -0- -0- 8,000 -0- e. 24 -hr. Test pump 1 LS 4,000.00 -0- -0- 4,000 -0- f. 24 -hr. Test run 1 LS 15,000.00 -0- -0- 15,000 -0- g. Coating tank 1 LS 1,000.00 -0-I1I -0- 1,000 -0- h. Paint tank 1 LS 2,000.00 -0- i -0- 2,000 -0- i. Disinfect pipe & tank 1 LS 1,000.00 -0- 1 -O- 1,000 -0- 18. New Well No. 2 a. Rem. pipe old wells 1 and 2 2 Ea 5,000.00 -0- -0- 5,000 -0- i b. Drill & case 100' w/16" pipe 100 LF 30,000.00 100 30,000 -0- 100 e. Grout 10' pipe 1 LS 6,000.00 100 6,000 -0- 100 d. 12" pipe to 100' 100 LF 20,000.00 100 20,000 -0- 100 e. 12" pipe 100' to 150' 50 LF 10,000.00 l00 j 10,000 -0- 100 r f. install screen 1 LS 6,000.00 -0- -0- 6,000 -0- g. 72 -hr. develop 1 LS 15,000.00 -0- -0- 15,000 -0- h. 48 -hr. test run 1 LS 12,000.00 -0- -0- 12,000 -0- 19. Mechanical a. Dismantle tank 1 LS 25,000.00 100 25,000 -0- 100 b. Chlorination system 1 I.S 14,000.00 -0- i -0- 14,000 -0- e. Pump system 1 LS 127,000.00 80 101,600 25,400 80 d. Heating 1 LS 30.,000.00 60 ! 18,000 12,000 60 e. Drainage 1 LS 10,000.00 90 9,000 1,000 90 1 20. Electrical a. Fixtures & l: amps ,. 3,000 -0- b. Condult & wire 1 I's 7,000.00 10 700 6,300 10 +� 6A35A.,.. 1 2 TOTAL OF COST COLUMNS 1 uscolAM.uc e1r111.n1, 0 A IN a : • • ��_ - —'___� --_-- 0%114 Vn. 11-111111, Appnlaal 1•..p/IES Julie 10. 1-741 4`014M 11 112 U.S. UI 1.1.111 MI NT of 1 IIMMI.III 1 11I VT NU. IRV V. 1u•/41 1 CUNl1a11C III VI 1 . X1.1.11 N 1 AI.l.11111:i I IIA I IUII HDA #07-01-01684 A CON TRACT NO. _ ---- PERIODIC ESTIMATE FOR PARTIAL PAYMENT ,NAME AND LOCATION OF PROJECT Contract_ of City of Kenai Improvements_ to Water Supply_nnd Distriblttion Svsrem - 1976 L NAME AND ADDRESS OF CONTRACTOR INTERSTATE COMPANY, INC., P.O. Box 4-1438, Anchorage, Alaska 99509 s PERIODIC ESTIMATE NO. Five --M____- FOR PERIOD lk— Al 31-1 171—, TO Feb. 28. 1977 . 1. COST OF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT ONLY Entries; must be limited to work and costs under the original contract only. (Turk and cost data under change orders is to be sLown in fart 2 of this form.) Columns (1) through (5). Flitcr data shown in columns 1, 2, 3, 8 and 9, respectively, on Dorm IS13-111 prepared by Contractor. Columns (6) and (7). Show all work completed to date under original cuntract. Column (8). Enter the difference between entries in columns (5) and (7). Column (9). Show percent ratio of :ulumn (7) to column (S). CONTRACT COMPLETED TO DATE COST OF ITEM NO. DESCRIPTION OF ITEM CpB1 PER QUANT. TOTAL 0067 QUANT. UNCOMPLETED TOTAL COOT WORK COMP UNIT UNIT 141 121 19) 141 151 16) 171 161 191 20. Electrical (Cont'd) y c. Boxes IS fittings 1 LS 4,000.00 10 400 3,600 10 d. Devices & plates 1 LS 2,000.00 -0- -0- 2,000 -0- e. Panel & trans. 1 LS 10,000.00 30 3,000 7,000 -0- f. Alarm system 1 LS 12,000.00 -0- -0- 12,000 -0- S. Switchgear & controls 1 LS 15,000.00 30 4,500 10,500 -0- h. Demolition 1 LS 1,500.00 100 1,500 -0- 100 21. Signs 1 LS 3,000.00 -0- -0- 3,000 -0- 22. Overflow 1 LS 2,000.00 -0- -0- 2,000 -6- 23. hoof scuttle 1 LS 2,000.00 -0- -0- 2,000 -0- 24. Mobilization a. Bond & Uldra. risk 1 LS 10,000.00 100 10,000 -0- 100 b. Cen'1. contr. 1 LS 5,000.00 100 5,000 -0- 100 c. Well No. 2 1 LS I 5,000.00 100 5,000 -0- 100 Pw TOTAL OI' COST COLUMNS 675,00o.()p 431,700.00 243,300.00 64% U!'COMM•OC Ov171•I.76 i M { ?. S(. E11PULE Of COtITIJACT CIIANGE 0110CRS - It i " •Ahul nr+f# , to nluclNA# ` 1„u-t+•rrty- tl+.1or. roll: #.,.tt.d r.+.)It, .,t fl.l•. c,ytu .s .•t,n of n..wurE r-t)lii#t04r�# i*tiiCt. ha•. bi-va -how nu,l.1 ..n, ..r m.•tv -.its It mdr1•.. C011IIIAC7� )##TA# C.n=,7 #lt Cn;1 OI t HA1#r.l' C.##0441.1 0I#O fit , 1###Lir R iii 615 PESCRIt TION III M•; Att111 11 f•Y C#fANCf' ttf#11 It COMPI.f 1# 1) NO. i+w ria To PA TI .t I 1IAM Revise Alarm System 13,461 00 tot.loci ttttt?� 1 1 # rtM rnN711A4 I at+fCt 041, MIAMI Ott C#f A41.I. 014111 Ilf, ILL TOTALS 13,461100 3. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO GATE (a)Original contract amount (Col. s - bear at this form 675,000.00 (b) Plus: Additions scheduled in column t .those 13,461.00 (e) Less: Deductions scheduled in coluncn Ct above W) Adiusted contract amount to dart. 688,461.00 i. ANALYSIS OF WORK PERFORMED (a)Cost of original conir.lct itork rerfermvJ to date (c1,1, t • Irani of this Corm) 431.700.00 (b) Extra work performed to date (cot. a above --0- (e) Total cost of work puff ormcd to date 431.700.00 d) Less: Amount retained in accordance with contract terms (Shot• both percrnt and dotter amannt)10 43.170.00 (e) Net amount earned on contract work to date 388.530.00 (1) Add: Alsterials stored at close of this period (Attach detailed schedule) 3.487.00 (B) Subtotal of ;e) and (1) 392.017.00 (h) Lesst Amount of previous payments 367.132.00 0) DALA%CF. DUE THIS PAYSifi13" 24.885.00 S. CERTIFICATION OF CONTRACTOR According to the hest of my knowledge and belief, I certify that all items and amounts shown an the (Ace of this periodic Estimate (or Partial Payment are correct; that all work hat: hrrn ptriormed .tird "ot m.tterial r ul-rfiru In Lull arcordA11CC with the requirements of the reictenccd Contract, anJ'or duly-1Wh0ri4Vd drviativa::, suhxtilutiona, alteration,;, an.! 'or addition-.; that file torepolnp is a ttue and correct statement of the contract account up to aact including. flit- last Jay- 1.1 the p."rimi ccmcfea I,v this periodic Estimate; shot no part of file "balance Due This 1}ai ment" has been received, and that the underxihnrd and his subcontrnctors have -(chock appftrabfe line) a. M Complied with all the labor provisions of said contract. b. QComplicd with all tyre labor provi-ions of sant contract exccpr in those instances ,here an lionest dispute exists with re- spect to said labor provisions. fit (b) in checked, describe rrtrlly nature of dteputr.) INTERSTATE COMPANY. INC. R fly�G.-se�� (Contractor) (Nlpnnlure ul Authotiacd Repro Dent illive) March 1 1 sw 77 Title WA-9-,_-X4Uers0n,._P)rn jec.t- Hanage- 6. CERTIFICATION OF ARCHITECT OR ENGINEER certify chat I hate ellcckc,l and verified file above and furepofng Periodic Estimate for partial Payment. that tothe hest of in) - knowledge anti belief it is .1 true :ftf,l c,rrccr statement of work performed afc,Vor material ,upplivJ by the runtracfolr: that nil work and,ror material included in this Voir,, is Coctimaty has hero inspected by me and or by my duty nuthorlzed representative at- assistants and that it han been prrtormeJ arsl'or snpplitJ in full accordance with requirt-nients of the rtivrencv contract; atJ that p.IftinI plyrnent claimeJ and rcquc ted by the can 1.+r iv c.)rr(•Ctly compulcd un tilt ba+is of work prrivrnoW and/or mate - tial Rupp i •tf to date. : �t t• Signed ,.�,. �AJi1i_ �(A(rrviturrr or vnlf'tx•,=r) Date nm T. PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER Cheek type of payment certified) l have chteked thiv emim.#ty against tilt contra. t++r'. 54-hrrhrh- of Amut+nn. for Contract f'nymentu, flit notes anti repotr#s of my I!.91V s actio- of the pruitet, .%nil rho ptrin,iit rrpurf. •uhnotte.1 by the.orbiter:'rnciutrr. It a my opinion that file 9fatemtnt of uol petiunurd and yr niatvfials supplied is .trcnfafr, that dIv contractor is i,F.c •rein#; the rrquir+tnt-nt, ill the tontrart, and that tilt cunfraett+r shuubl bC paid the .nnnuot rrtiurxtvi .lhuve. I cettify that all work anal/or m.111 -6,11s undl•r tilt- cunft,act ha% hrrn inspected by enc• anti that it ha+. horn pc•rform(•d and/or %up. plivd in full in -f -I Ito; e with tin requirv)l tits (of thr cinrtfoct. K w (VtOld knpluv+•r) (pate) Approval (C..ntt.0 l ugs Of f #. o r t (11nIr 1 roam 1:0•112 IfitV 10.141 UnCOMM.0C WA171.6•10 . r i 1 IF D U.S. OF PAN IMf NT OI CVMMI NL I' 1•IIp1f.LT NO.� NL•w. '0.141 ECONOMIC Ut. VI 000411.N 1 AJMI1411I IIA I NON s- -- -' __.._ - �, 1•:UA 07-01-01684 PERIODIC ESTIMATE FOR PARTIAL PAYMENT CONTRACT NO. ,AMF. AND LOCATION OF PROJLCT I.52%ementa to Water Supply & Distribution System ,AME nNO ADDRESS OF CONTRACTOR frown Conatruction Co-, Inc. '40- Box 1313 .' enai, Alaska 99611 k PQRIODIC ESTIMATE NO. 6 FOR PERIOD •2-05-77 19_ TO 3-12-77 19-x. -l. COST OF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT ONLY t Entries must be limited to work and costs under the original contract only. _ (Work and cost data under change orders is to be shown in Part 2 of this form.) Columns (1) through (5). [tinter data shown in columns 1, 2. 3. 8 and 9, respectively, on Form ED -I Il prepared by Contractor. Columns (6) and (7). Show all work completed to date under original contract. Column (8). Enter the difference between entries in columns (5) and (7). Column (9). Show percent ratio of column (7) to column (5). CONTRACT -.y COMPLETED TO DATE COST OF i.t.�OESCRIPTION OF ITEM QUANT, COST PER TOTAL COST QUANT. TOTAL COST UNCOMPLETED WORK 7 ' COMP UNIT HI UNIT h/ . ,ISI 141 lel ISI 171 ISI 101 . 3 Trench Exc. 0-81 Depth ?190 8.00 179520.00 2190 17,520.00 0 100;,' 4 Trench Exc. 8-101 Depth 3486 8.00 19,888.00 2486 19,888.00 0 1000 5 Trench Exc. 10-121 Depth ?264 14.00 31,696.00 2264 319696.00 0 100;6 6 Trench Ex. 12-141 Depth 1295 14.00 189130.00 1295 18,130-00 0 loc% 7 Trench Ex. 14-16' Depth 423 16.00 6,768.00 423 6,768.00 0 1001/0 ' $ 1211 D.I. Water Main 3666 23.50 .1.03,651.00 8666 m3,651.00 0 100,6 19 1011 D.I. Water' Main 428 20.60 8,816.80 428 8,816.80 0 1001/0 D 12t1 Valve Assembley i ea 1150.00 6,900.00 6 ea 6,900.00 0 10096 1. 10" Valve Assembly 1 ea 98$.00 985.00 1 ea 985.00 0', loco Fire Hydrant Assembly 7 ea 1800.00 12,600.00 7 ea 12,600.00 ' 0 ' 100;0 3 Connect to Existing System 1 ea 1200.00 1,200.00 1 ea 1,200.00 0 . 100% ' 4 Clear R -O -W 10AC 500.00 5,000.00 10ac 5,000.00 0 ' lo% ,?i Exc & Dispose of Unsuitable . realignment on 1011 Water .Supply System 1000cy 4.00 4,000.00 1o00c_► 4,000.00 1 0 , 100►/ t) Imported Borrow ?OOOcy 7.50 15,000-00 2000c- 15,000-00 0 7 Gravel Surfacing ?OOOcy 7.50 15,000.00 0 0 159000.00 0 3 24t1 x 14 (la CMP Culvert 100 35.00 3,500.00 0 0 395500.00 0 9A 24t, C14P Culvert End 10ea 125.00 19250.00 0 0 1, 250.00 0 911 race Utility Pole 5 ea 600.00 3,000.0'0 5 ea 39000.00r 0 100116 gC'love Utility Pole 1 ea 1000.00 1,000.00 1 ea 1,000.00 0 100;0 9C 2011 STL W.M. Encasement by boring 144 125.00 189000.00 144 18,000.00 0 100;6 I TOTAL OP COST COLUMNS 593,904.80 574,151a.8o 19,750.00 1s�e USCOMM•OC 59111.P1! � � .. 4444-.~ �•...�... _ _4444_......• _ .. . _4444.... .....��_: __4444... ��. wr .. i I a TOTAL$ 17,593 55 179593 55 3. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE nn�� (a) Original contract amount (Col. s - front of this form) —394,go4.8`!�� (b) Plus: Additions scheduled in column 4 above (c) Less: Deductions scheduled in column 6 above 49•I 4A8_ �S (d) Adjusted contract amount to date ,�._.----• 4. ANALYSIS OF WORK PERFORMED 374,154.80 + (a) Cost of original contract work performed to date (Col. r - tront of this form) 593•55 17 (b) Extra work performed to date (Col. s above) , X31, . (c) Total cost of work performed to date 17464 Q (d) Less: Amount retained in accordance with contract terms (Show both percent and dollar smouns)1O %. 3".541 (e) Net amount earned on contract work to date 352,575 (f) Adds Materials stored at Close of this period (Attach detailed schedule) 243.94 (g) Subtotal of (e) and (f) 353,217.45 (h) Least Amount of previous payments 303,.079.0►(• (1) BALANCE DUE THIS PAYMENT 50,130.41 1 S. CERTIFICATION OF CONTRACTOR 1 According to the best of my knowledge and belief, 1 certify that all items and amounts shown on the face of this Periodic Estimate i for Partial Payment are correct; that all work has been performed and/or material supplied in full accordance with the requirements of the referenced Contract, and/or duly authorized deviationst substitutions, alterations, and/or additions; that the foregoing is to true and correct statement of the contract account up to and including the lest day of the period covered by this Periodic Estimate; that no part of the "Balance Due This Payment" has been received, and that the undersigned and his subcontractors have-(Chsah epprieable line) a. (] Complied with all the labor provisions of said contract. l b. Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with re- spect to said labor provisions. (it (b) Is checked, describe briefly nature of dispute•)• ' RrOrrrt�'ons 1 -t; n Co. s Tne: By (CONuacew) (Signature of A,ithorised Representative) - _ ... march 11, 19 77 Title President 6. CERTIFICATION OF ARCHITECT OR ENGINEER y 1 certify that 1 have checked and verified the above and foregoing Periodic Estimate (or Partial Pavment; that to the best of my knowledge and belie( it is a true and correct statement of work performed and/or material supplied'by the contractor; that all work and/or material included in this Periodic Estimate has been inspected by me and/or by my duty authorized representative or i assistants and that it has been performed and/or supplied in full accordance with requirements of the reference contract; and that partialpayment claimed and requested by the�aoUtractor is correctly computed on the basis of work performed and/or mate- rial sup hes to date. Signed) (Architect w engineer) Date 7. PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER Check type of payment e.rtifledr 1 have checked this estimate against the contractor's Sehedui► of Amounts for COalydel Payments, the notes and reports of my utAlwctions of the project. and the periodic rcjrortt. suhmnted by the ate Wives /engineer. It is my opinion that the statement of work performed and/or ntatesials supplied is accurate, that the contractor is observing the requirements of the contract, and that the eunuaelos should Iw paid the anwunt requested above. ( t] 1 certify that all work and/ter materials under the contract has been inspected by me and that it Ira% been performed and/or sup. plied in Jul aosdauce with the requirements of the eattraet. - •. - ..» •• Jul (Fl•ld Engineer) ! (Dole) h Approved ' • (C..n".r tpq; Officer) (Dole) u/rn...w nr• eu/l•I+r 3 N 2. SCHEDULE OF CONTRACT CHANGE ORDERS ADDITIONS To ORIGINAL List #-very ehanre order issued to dare of this request even if no work CONTRACT PRICE DEDUCTIONS has been done under one or more aucle orders. FROM CONTRACT PRICE CONTRACT CHANGE ORDER ~ TOTAL COST OF COST OF CHANGE "CH, OROf.N ITEMS AS SHOWN ON CHANGE DESCRIPTION ITEMS ADDCD 9Y CHANGE ORDER TED COMPLTO ORDERS NO. DATE DATE 19r 111 121 t}r 141 ISI 1 io-14- -,6 Item # 19 E 20 // STL W.H. encase- ment by boring 12,000 00 121,000-00 2 11-12- 16 Item # 9 Ten. inch (1011) D.I. Watermain 808 55 808-55 3 12-2& 76 Item,# 1 12 inch mechanical tde - dresser coupling. Installation at approx. station 337 + 70:00 on tht4 existing 12 inch A.C. Wdtermain west of pump house # 1. 4,785 00 4,785 00 TOTAL$ 17,593 55 179593 55 3. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE nn�� (a) Original contract amount (Col. s - front of this form) —394,go4.8`!�� (b) Plus: Additions scheduled in column 4 above (c) Less: Deductions scheduled in column 6 above 49•I 4A8_ �S (d) Adjusted contract amount to date ,�._.----• 4. ANALYSIS OF WORK PERFORMED 374,154.80 + (a) Cost of original contract work performed to date (Col. r - tront of this form) 593•55 17 (b) Extra work performed to date (Col. s above) , X31, . (c) Total cost of work performed to date 17464 Q (d) Less: Amount retained in accordance with contract terms (Show both percent and dollar smouns)1O %. 3".541 (e) Net amount earned on contract work to date 352,575 (f) Adds Materials stored at Close of this period (Attach detailed schedule) 243.94 (g) Subtotal of (e) and (f) 353,217.45 (h) Least Amount of previous payments 303,.079.0►(• (1) BALANCE DUE THIS PAYMENT 50,130.41 1 S. CERTIFICATION OF CONTRACTOR 1 According to the best of my knowledge and belief, 1 certify that all items and amounts shown on the face of this Periodic Estimate i for Partial Payment are correct; that all work has been performed and/or material supplied in full accordance with the requirements of the referenced Contract, and/or duly authorized deviationst substitutions, alterations, and/or additions; that the foregoing is to true and correct statement of the contract account up to and including the lest day of the period covered by this Periodic Estimate; that no part of the "Balance Due This Payment" has been received, and that the undersigned and his subcontractors have-(Chsah epprieable line) a. (] Complied with all the labor provisions of said contract. l b. Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with re- spect to said labor provisions. (it (b) Is checked, describe briefly nature of dispute•)• ' RrOrrrt�'ons 1 -t; n Co. s Tne: By (CONuacew) (Signature of A,ithorised Representative) - _ ... march 11, 19 77 Title President 6. CERTIFICATION OF ARCHITECT OR ENGINEER y 1 certify that 1 have checked and verified the above and foregoing Periodic Estimate (or Partial Pavment; that to the best of my knowledge and belie( it is a true and correct statement of work performed and/or material supplied'by the contractor; that all work and/or material included in this Periodic Estimate has been inspected by me and/or by my duty authorized representative or i assistants and that it has been performed and/or supplied in full accordance with requirements of the reference contract; and that partialpayment claimed and requested by the�aoUtractor is correctly computed on the basis of work performed and/or mate- rial sup hes to date. Signed) (Architect w engineer) Date 7. PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER Check type of payment e.rtifledr 1 have checked this estimate against the contractor's Sehedui► of Amounts for COalydel Payments, the notes and reports of my utAlwctions of the project. and the periodic rcjrortt. suhmnted by the ate Wives /engineer. It is my opinion that the statement of work performed and/or ntatesials supplied is accurate, that the contractor is observing the requirements of the contract, and that the eunuaelos should Iw paid the anwunt requested above. ( t] 1 certify that all work and/ter materials under the contract has been inspected by me and that it Ira% been performed and/or sup. plied in Jul aosdauce with the requirements of the eattraet. - •. - ..» •• Jul (Fl•ld Engineer) ! (Dole) h Approved ' • (C..n".r tpq; Officer) (Dole) u/rn...w nr• eu/l•I+r 3 N F_ _ / 1 CITY OF KENAI f RESOLUTION NO. 77- -IX A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONFIRMING THE SALE OF i WHEREAS. J was ' the successful b dd r forthe above pro er t a public outcry auction held March 16, 1977, WHEREAS, bidder has elected (to pay the purchase price in cash within 90 days) (to have the purchase price financed by the City of Kenai) . NOW, THEREFORE, BE IT RE OLVED byth ouncil of the City of Kenai, Alaska, that the sa)e of /� �, 4, LS !LILZa/� SM TAX to for the price olea, 11o). bin 90 days (leas !he df : ode- QUbeimW) (to be financed by the City of Kenai over ten years (less the down - payment of $ /, "o 'Le paid today) is hereby confirmed and the City Manager and City Clerk are hereby authorized to execute the appropriate contracts and documents to effectuate such sale. r E [; PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of j March, 1977. JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk 0 a � r CITY OF KENAI RESOLUTION NO. 77- -�V i A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONFIRMING s THE SALE OF WHEREAS. ' the successful bide for the abo0e property a a b"ficoutert auction held -� March 16, 1977, and WHEREAS, bidder has elected 09-M the purehase pv4ee -d&7v) (to have the purchase price financed by the City of Kenai) . NOW, THEREFORE, BE IT REPOLVED by the Council of the City of Kenai, Alasp, that the fiWe of d �. / ,64th.., -?. yQX Big 3,;-) - 2-honS . to for the price of t Y $ a:ade -M !hustle).) (to be financed by the City of Kenai over ten years (less the down - payment of $ /. D v °O paid today) is hereby confirmed and the City Manager and City Clerk are hereby authorized to execute the appropriate contracts and documents to effectuate such sale. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March, 1977. ' JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk a t CITY OF KENAI RESOLUTION NO. 77- �lo A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONFIRMING } THE SALE OF WHEREAS, -*d�was the successful bidd for thA� love property ata public outcry auction held March 16, 1977, and WHEREAS, bidder has elected (to pay the purchase price in cash within 90 days) (to have the purchase price financed by the City of Kenai) . NOW, THEREFORE, BE IT R SOLVED by the Council of the City of Kenai, Alaska that e! e of t7 �-b6/-"0106j , Uv OD / 2 D� D �d ,7dd -7.0e,� / to fY�1 LLo`�r Ythe price of/�Do.— (t. "-e. s. r'r. p f I , --2 th%4w10) (to be financed by the City of Kenai over ten years (less the down - payment of , oo paid today) is hereby confirmed and the City Manager and City Clerk are hereby authorized to execute the appropriate contracts and documents to effectuate such sale. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March, 1977. ATTEST: Sue C. Peter, City Clerk JAMES A. ELSON , MAYOR f I l -TAU"" CITY OF KENAI i RESOLUTION NO. 77- n A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONFIRMING THE SALE OF WHEREAS. C� .,) ,.,w was the successful id er for the above groperty at a public odt o auction held March 16, 1977, and f WHEREAS, bidder has elected (to pay the purchase price in cash within 90 days) (to have the purchase price financed by the City of Kenai) . i NOW, THEREFORE, BE IT E LVED by the Council of the City of Kenai, Alas , that t sale of /3 4 • 4 toter%u for the price of/lPw-# 1, e hwnllrP��//� e''"fioo ($ the f I mada— -attba-sale)) (to be financed by the City of Kenai over ten years (less the down- ; payment of $ /, f74/0, 040 paid today) is hereby confirmed and the City Manager and City Clerk are hereby authorized to execute the appropriate contracts and documents to effectuate such sale. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March, 1977. JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk CITY OF KENAI RESOLUTION NO. 77-4/Z { A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONFIRMING THE SALE OF WHEREAS, ��lri�t / ���i was the successful bid er for the above property at a public outcry auction held March 16, 1977, and WHEREAS, bidder has elected (to pay the purchase price in cash within 90 days) (to have the purchase price financed by the City of Kenai) . NOW, THEREFORE, BE IT RE OLVED by thCouncil of the City of Kenai, Alaska, that the sale of /d2 G ,t ,t;,, .�� Al - le Ur,� to,✓S. for the price of ($G��lOp, o. , (te-13epeid4"t-e it Lh&depeei!-ef $ wade fie -sale)) (to be financed by the City of Kenai over ten years (less the down - payment of $ /, frf& DO paid today) is hereby confirmed and the City Manager and City Clerk are hereby authorized to execute the appropriate contracts and documents to effectuate such sale. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March, 1977. JAMES A. ELSON, MAYOR ATTEST: : -_ I Sue C. Peter, City Clerk N 1; i' 7 CITY OF KENAI RESOLUTION NO. 77- �Z3 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONFIRMING THE SALE OF WHEREAS, /! )1_Wve`proa-p-)rty'�ata was the successful bid er forpublic outcry auction held March 16, 1977, a d WHEREAS, bidder has elected (to pay the purchase price in cash within 90 days) (to have the -,purchase -price financed bf the -City of Kenai) . NOW, THEREFORE, BE IT R S��LVED by the Council of Pr. City of Kenai. 27�) _ to �,�.� , for the price ofoV ($ 4 (to be paid in full within 90 days (less the deposit of $ /, p0o.00 made at the sale)) is ..f v, �. Lr.. -years -(lees lhe-dowrr- .pa3tment-e9 $ paid-4aday) is hereby confirmed and the City Manager and City Clerk are hereby authorized to execute the appropriate contracts and documents to effectuate such sale. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March, 1977. JAMES A. ELSON , MAYOR ATTEST: Sue C. Peter, City Clerk 5 - -- - - - �A!!!1 JLIJ! . R. 11L�1.1 I I II! LI I I I CITY OF KENAI RESOLUTION NO. 77- 4Z/ A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONFIRMING THE SALE OF 1 WHEREAS,�orflh -i�,� was the successful bidve pro erty a� a public outcry auction held March 16, 1977, and I WHEREAS, bidder has elected (to pay the purchase price in cash within 90 days) (to have the purchase price financed by the City of Kenai) . NOW, THEREFORE, BE IT RESOLVED by the Councilof the City of anal, Ala th sale of ,� ` 30 Al " IPW ...33. T!o N, �n O -• 03 ,n� to.&lr ;e .40alez1 for the pricesr�ryry�i,Kh ($ -7, �o ,,o�.gp�O) . wJ u �iv 1 made --at4i.& oitr) (to be financed by the City of Kenai over ten years (less the down - payment of $ Z,4:2-0. oo paid today) is hereby confirmed and the City Manager and City Clerk are hereby authorized to execute the appropriate contracts and documents to effectuate such sale. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of March, 1977. JAMES A. ELSON , MAYOR ATTEST., Sue C. Peter, City Clerk 9 i ---- ��._+' ?. .. .. .. Win.=-...- .... - ... _._s_.--=-xti�...-...�• AGENDA REGULAR REGULAR MPETINfi - KFNAI CITY COI#NCIL MARCH 16. 1977 - 7: 00 P.M, KENAI PURLIC SAFETY 111111,I)1Nti PLEDGE OF ALLEGIANCE ADJOURNMFNT - LAND SALE RECONVENE - 9: 00 P.M. - REGULAR MEETING A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance No. 328-77 - Charter Amendment, Special Asseessmemts 2. Ordinance No. 329-77 - Declaring FAA Ruildinit 0107 Qurpiue S. Renewal of Beverage Dispensary License. - Rainbow Rnr & (trill 4. Renewal of Beverage Dispensary License - Kenai .loo's 5. Renewal of Beverage Dispensary License - Pre -Flight Room 0. Renewal of Beverage Dispensary License - Parbor View C. PERSONS PRESENT SCHFDULED TO RF NFARn 1. 2. D. MINUTES 1. Minutes of the regular meeting of D+arch 2! 1977 E. CORRESPONDENCE. 1. Salvation Amey - Peninsula Corps 2. 3. 4. P. OLD BUSINESS 1. Lease Agreement - did Kenai Library Building 2. Payment to Engineer - EDA water Project Vo. 07-01-01884 S. 0. NEW BUSINESS 1. Bills to be paid - bills to bo ratified 2. Ordinance No. 330-77 - Kenai water Supply 6 tenter Shed Protection S. Ordinance No. 331-77 - Special Revenue Fund entitled "Airport Master Pian" 4. Ordinance No. 332-77 - Increasing Estimated Revenues & Appropriations/Airport Land 5. Resolution No. 77-27 - Amending Kenai Municipal District Zone Code S. Resolution No. 77-28 - waiving Interest Sic Extending Period of Deferment 7. Resolution No. 77-29 - Authorizing Refunds to Certain Property Owners S. Resolution No. 77-30 - Addition to Sr. Citizen Nutritional Program 9. Resolution No. 77-31 - Contract/Airport Master Pian Study 10. Resolution No. 77-32 - Forest Drive Water Line Project It. Resolution No. 77-33 - donation to Kenai Community Library 12. Addendum to AAI Lease - Car Rental Service 13. Resolution 77-34 - Senior Citizen Budget Program 14. Resolution 77-35 - Limit Tort Liability of Municipalities 15. Resolution 77-36 - Step 41 Sewerage Treatment Study Applicn fon 16. Resolution 77-37 - Execute Step 41 & Stop 42/Rewernge Planning Study 17. Lease of Airport Lands or Facilities - Andy's Flying Service 19. Payment Estimate 45 - Interstate Construction 10. Periodic Estimate 40 - Brown Construction Company 20. H. REPORTS 1. City Manager's Report 2. City Attorney's Report 3. Mayor's Report 4. City Clerk's Report S. Finance Director's Report 0. Planning & Zoning Commission's Report 7. Kenai Peninsula Borough Assembly'a Report 1. PERSONS PRESENT NOT SCHEDULED TO RE HEARD ADJOURNMENT L7 3 b KENAI PENINSULA BOROUGH AGENDA FOR THE REGULAR MEETING OF THE ASSEMBLY MARCH 1S, 1977; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING P. 0. BOX 850 SOLDOTNA, ALASKA 99669 - A G E N D A - ASSEMBLY A. CALL TO ORDER AND ROLL. CALL Corr 9 B. PLEDGE OF ALLEGIANCE AND/OR OPENING CEREMONY Crawford 4 Davis 9 C. SEATING OF NEW ASSBBLYMEN Douglas 9 Elson, Jim 10.66 D. AGENDA APPROVAL Elson, JoAnn 10.67 Fields 9 E. MINUTES: March 1, 1977 Fischer 9 McAllister 11 F. ORDINANCE HEARINGS: McCloud 7.5 Mika 9 (a) Ord. 77-9 "An Ordinance Making a O'Connell 9 Supplemental Appropriation for the Oldow 7.5 t Liability Insurance Program for the Thomas 10.67 Kenai Peninsula Borough and the Branson 9 Kenai Peninsula Borough School District" Cooper 10 G. INTRODUCTION OF ORDINANCES: (a) Ord. 77-12 "An Ordinance Appropriating rungs trom the Unappropriated Surplus of the Borough to the Nikiski Fire Service Area Salaries Account" (b) Ord. 77-13 "An Ordinance Providing for ; the Establishment of the Bear Creek Fire Service Area, the Organization of Its Board of Directors and Setting Forth Boundaries, Organization, and Rules and Regulations" II. PUBLIC PRESENTATIONS (frith prior notice) I. COMMITTEE REPORTS (a) School Board, March 7 (Corr, Fischer, O'Connell) (b) Cook Inlet Air Resources Mgmt. Dist. (Branson, Davis) (c) OEDP Committee (Fischer) (d) Sales Tax Committee (Douglas, Cooper, JoAnn Elson) (e) Finance Committee (Jim Elson, Mika, O'Connell, Oldow) (f) Legislative Overview Committee (Branson, Oldow, McAllister) (g) Parks and Recreation (Corr) (h) Roads $ Trails/Solid Waste (Fields, Branson, Corr, Crawford, Douglas, McCloud) J. MAYOR'S REPORT (a) Communications Memo (b) KPB Monthly Finance Report for February rk AGENDA FOR MARCH 15, 1977 REGULAR ASSEMBLY MEETING PAGE 2 K. SCHOOL CONSTRUCTION REPORT (a) Letters from Supt. Gallaher for School Board - (b) Change Order Summary - Seward High School L. OTHER BUSINESS (a) Reconsideration of Res. 77.1S "A Resolution ciassitying Lands Foreclosed by the Borough for Delinquent Real Property Taxes and Authorizing a Land Sale of Tax Foreclosed Properties" (Memo 77-49) (b) Res. 77-16 "A Resolution Establishing the Position of System Analyst/Programmer in the Finance Department of the Borough" (c) Res. 77-17 "A Resolution Transferring the Personnel Classification and Position and / f Supervision of Land Management Officer from �� the Planning Department to the Assessing Department" rl M. MAYOR AND ASSEMBLY: COMMENTS AND DISCUSSION 40 � (a) Excused Absence, Mr. Cooper �� N. PUBLIC PRESENTATIONS ( f 0. INFORMATIONAL MATERIALS AND REPORTS ( �� (a) Minutes: lJ 1. School Board, Feb. 21 8 News in Brief, March 7 2. Central Peninsula Hospital SA Dec. 9, Jan. 13, Feb. 10 $ Financial Report, December, 1976 3. Bear Creek Fire Service Area, Feb. 16 6 23 4. No. Peninsula Recreation SA, Feb 22 (b) Copies of Telegrams to Legislators (c) Liquor License applications for renewal or transfer 1. Anchor River Inn 2. Bob's Kenai Lake Lodge 3. Clam Shell Lodge 4. Forelands Bar S. Ninilchik North Bar 6. Moose River Bar Q Cafe 7. Pit Bar 4 Liquor Store 8. Sunrise Inn (d) Letter from Kay Poland $ SB 220 P. NEXT MEETING: April S, 1977, 7:30 p.m. Soidotna, Alaska �a+; y; KE.NAI POLICE DEPARTMENT MONTHLY REPORT FEBRUARY Pah 76 ^Rah 77 .Ian &Rab 76 Jan /PPl + 77 TOTAL TRAFFIC CONTACTS 154 166 329 337 OZ ACCIDENTS 12 7 j 26.. ,15 ..,� �. INJURIES 5 0 I 7 2 �•:.� • FATALITIES 0 0 0 0 ECONOMIC ra DAMAGE 10,350 5,900 21,100 •11,750 OFFICERS OVERTIME 159 263 307 430 -.&Axu�x FOR 176 219 388 460 ..._ _. ...,..,..,,..... �.�axi�snar'�Ma•+aro '—`----- i_ i � ..!a • - _ _ _ _ - -_ -. .- —._-r.s�..�-i.c•.•.•-�J,�ftiyl�.liP�•1, 1 IJ...L I1 _ - _ it is • /1 �ss�r - _ _ _ _ - -_ -. .- —._-r.s�..�-i.c•.•.•-�J,�ftiyl�.liP�•1, 1 IJ...L I1 _ - _ it is r ARRE 1O FEBRUARY Feb 76 Feb 77 Jan/Feb 76 Jan/Feb 77 _ H014ICIDE 0 0 0 0 AIit4CD ROBBERY 0 1 0 1 ASSAULT WITH DANGEROUS WEMON 0 1 0 2 BURGLARY 5 1 5 3 IARCM 3 6 3 6 UNI M TUL E"L Y 0 0 0 0 CARR.T•NG CONCEALED WTAMN 0 3 0 3 • BRANDISHING WEAPOt4/ CARELESS USE CF : I RE.3101 1 1 1 2 14ALICIOUS DESTRUCTION 0 1 1 2 DRUG LAW VIOLATIONS 1 1 1 2 ` a`i 6 6 12 14 RECKLESS & NEGLIGERP DRTVING 0 1 1 4 JUVENILE RUNAWAY & MENTION 1 3 1 5 ' AUTO THEFT & JOYRIDING 0 2 0 2 ASSAUUT & BATTERY 1 1 2 4 OTHER i.e. MIPJCR L*J 11 10 20 26 POSSESSION, WARRANTS, FowERY, C cwmBf PTmG TO DE LIM. , etc. TOMIAS 31 38 47 76